Loading...
HomeMy WebLinkAbout2008 City Attorney Quarterly Reports 1� °yid Pk`- f6 Jl"7 <r mod✓ Council/Agency Meeting Held: Deferred/Continued to: I1 Ap royyed Conditional) Approved ® Denied e,S1� it CIer s Sig ure -D— p O O Council Meeting Date: 11/17/2008 Department ID Number: CA 08-13 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: MAYOR AND COUNCILMEMBERS SUBMITTED BY: JENNIFER McGR y Attorney PREPARED BY: JENNIFER MCGR , ity Attorney SUBJECT: Receive and File City Attorney's Quarterly Report Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) i Statement of Issue: Receive and file the City Attorney's Quarterly Report!for July 1, 2008 through September 30, 2008. Funding Source: Not Applicable Recommended Action: Motion to: Receive and file the City Attorney's Quarterly Report for July 1, 2008 through September 30, 2008. Alternative Action(s): Do no receive and file the City Attorney's Quarterly Report. Analysis: Not Applicable Strategic Plan Goal: City Services (C-2) Provide quality services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not Applicable Attachment(s): iutp age N! . -r N a ® - rilotion 1. City Attorney's Quarterly Report for July 1, 2008 through September 30, 2008 ATTACHMENT 1 City Attorney's Quarterly Report This report reflects the activities of the City Attorney's Office for April 1, 2008 through June 30, 2008. Administration Division The administration and support functions are performed under the supervision of the City Attorney. This includes personnel, clerical, financial, technology, training and development, and records management support. This function also includes attendance at regular council meetings as parliamentarian and advisor, and active participation in the executive management team to promote the strategic goals of the City Council. Significant accomplishments for the Administration section include: 1. Preparation of City Attorney's Office First Quarter Report for 2008. 2. Implementation of a comprehensive training program on sexual harassment prevention and "Now You've Been Sued" training. Advisory Division The Advisory Division, comprised of three deputy city attorneys, is supervised by an Assistant City Attorney and provides legal assistance on all matters pertaining to the daily operation of the City to the City Council and City officers. It prepares all legal documents and opinions to ensure the City can accomplish its goals and objectives with little, if any, risk of litigation. The Advisory Division received 143 requests for legal assistance and completed 174 requests. There are 118 outstanding requests for legal assistance. Additionally, staff provided assistance with labor negotiations; reviewed and prepared 145 documents and contracts; drafted 48 ordinances and resolutions; made 37 appearances on criminal matters; and provided on-going advice related to the following: • OVE Enterprise Fund • Campaign Contribution Reform • Settlement Agreements with Employees' Associations • Measure "C" issues ® Retirement Benefits • Parking Permit District "K" • Reader Board Legislation 07-1059/24348 1 • Flood Control Channel Landscape Maintenance • Collection of Property Tax Costs ® Housing Loan issues • Pacific City and Senior Center COMPLETED REQUEST FOR LEGAL SERVICES AS OF A ril—June 2008 Public Advice Documents Records& Criminal ` Resolution Memo& Citizen Pitchess& Projects' Total' Opinion &Contracts Inquiry Hearings- Requests &Ordinance Administration 0 1 0 0 1 1 0 2 Building&Safety 0 0 0 1 `0 , 01 A City Attorney 3 1 2 1 3 1 11 City Clerk 0 0 0 0 1 0 1 City Treasurer 1 0 0 0 0 0 1 Community Services 7 10 0 0 1 1 19 Econ. Development 9 16 0 0 2 3 30 Finance 2 3 0 0 -1 0:- 6 Fire 1 1 1 0 1 1 5 Info. Services 0 3 0 0 0 0 3 Human Resources 4 11 0 0 2 1 18 Planning 0 11 0 2 3 0 16 Police 0 3 ' 0 19 '2 1 -25,<. Public Works 7 19 2 0 8 0 36 Total 34 79 5 23 25 8 174 Significant projects for the Advisory Division include: 1. Prepared five campaign contribution limitation options for Council's review 2. Prepared acceptance of Coastal Commission changes to LCPA 1-06 and codification of same. 3. Prepared Caltrans FTA Section 5310 Program Grant 4. Revised standard documents to comply with AB 886 5. Prepared agreements for the 2008 Pier Plaza Presents Concert Series 6. Prepared ordinance relating to campaign reform 7. Prepared Affordable Housing Fee Update 2008 8. Assisted, advised and prepared the ordinance to Amend Municipal Code to Add Requirement of Owners Abutting Drainage Channels to Properly Maintain Landscape Materials 07-1059/24348 2 9. Worked with Public Works in adoption of the Water Management Plan 10. Prepared revisions to the telecommunications utility user tax ordinance to protect tax revenue 11. Prepared Surf City Nights Management agreement 12. Prepared lease transfer documents for Meadowlark Golf Course 13. Prepared sponsorship agreement for Adopt-A-Highway for trash receptacle 14. Prepared production agreement for Ocean Force TV Show 15. Revisions to the Centennial Event Committee ordinance 16. Actively participated with Ad Hoc Committee regarding temporary uses in the downtown area Litigation Division The Litigation Division, comprised of three deputy attorneys, is supervised by an Assistant City Attorney and handles all civil matters on behalf of the City and its employees and officials. All cases are handled by the in-house staff unless there is a conflict in representation or the outside counsel is paid by a third party. The Litigation Division is currently handling 32 active cases. The City was served with 10 new cases and the City filed two new cases this quarter. The charts below identify the types of cases and the potential liability exposure of these cases. Active Litigation Cases Redevelopment ° Employment Automobile Land Use 6/0 3% 13% 2 Civil Rights 13% Debt Construction Recovery Dangerous 16% 9% Condition 16% 07-1059/24348 3 POTENTIAL LIABILITY OF PENDING CASES 6 A - i a APd4 �� �g ri in aVOW I ❑Reseres under$50,000 wl 4 on ..SS n PX a <rwaav ih ®Resenes over$50,000 t L�aa W, a 'i ifl rr pit " JI 2 P4 rt 1x e Automobile Civil Rights Construction DangerousCondition Debt Recovery Employment Land Use Redevelopment The Litigation Division resolved the following cases with no monies paid to the plaintiff: 1. Bicyclist slipped and crashed causing various injuries and a broken foot. The Litigation Division also resolved the following matters: 1. HBPD Office injured in a traffic accident. He pursued a claim against the driver and City sought reimbursement of workers' compensation benefits paid to him. 2. Plaintiff tripped and fell on the curb/sidewalk adjacent to the skate park on Main Street. 3. Branch from a City tree fell on insured vehicle. 07-1059/24348 4 A TTACHMENT 1 City Attorney's Quarterly Report This report reflects the activities of the City Attorney's Office for July 1, 2008 through September 30, 2008. Administration Division The administration and support functions are performed under the supervision of the City Attorney. This includes personnel, clerical, financial, technology, training and development, and records management support. This function also includes attendance at regular council meetings as parliamentarian and advisor, and active participation in the executive management team to promote the strategic goals of the City Council. Significant accomplishments for the Administration section include: 1. Installation of new Mobile Shelving Unit Advisory Division The Advisory Division, comprised of three deputy city attorneys, is supervised by an Assistant City Attorney and provides legal assistance on all matters pertaining to the daily operation of the City to the City Council and City officers. It prepares all legal documents and opinions to ensure the City can accomplish its goals and objectives with little, if any, risk of litigation. The Advisory Division received 187 requests for legal assistance and completed 165 requests. There are 131 outstanding requests for legal assistance. Additionally, staff provided assistance with labor negotiations; reviewed and prepared 108 documents and contracts; drafted 30 ordinances and resolutions; made 15 appearances on criminal matters; and provided on-going advice related to the following: • Pacific City and Senior Center • Cape Ann/Promenade • Parking Fee Update • Acquisition of Surplus School Property • RipCurl/Village at Bella Terra • The Strand re Parking Issues • Charter Section 311 • CIM/Huntington LLC • Auto Dealer's Reader Board • Huntington Harbor Yacht Club 07-1059/27277 1 COMPLETED REQUEST FOR LEGAL SERVICES AS OF A ril—June 2008 - Public w Advice Records&,� C�irhinal Documents., Resolution Memo& - Citizen Pitchess& -Projects Total &Contracts.' &Ordinance Opinion Irfquiry Hearings�e 'Requests, Administration 0 3 4 0 0 0 7 Building&Safety0 ' 1 t 0.. . ', 0 r•,?2 City Attorney 2 4 3 0 3 1 13 City Clerk 11 0 0 ° 0 «� 1`. .0 - City Treasurer 1 4 0 0 1 0 6 Community Services 1 =4 > 0 0 Econ. Development 4 27 2 0 3 4 40 Finance 1 ` 4 00' °4 Fire 1 3 0 1 1 1 7 Info. Services 1 30, Human Resources 1 0 0 0 0 1 2 Planning 3 8 0 0 3 3 17 Police 2 =7, 0 1:1. sOv �0 Public Works 2 20 0 0 6 2 30 dtal 20' 88 10 -12l- �22 13 165 Significant projects for the Advisory Division include: 1. Negotiated the proposed extension to the Development and Disposition Agreement with Mayer Financial L.P 2. Negotiated the proposed Sixth Implementation Agreement to the Development and Disposition Agreement with CIM/Huntington LLC 3. Assisted with the development of the Senior Center and responded to numerous PRA requests for information on the Senior Center 4. Drafted legislation exempting the Auto Dealer's Readerboard from the Outdoor Advertising Act 5. Prepared extensive amendment to the City's Sign Code in response to litigation 6. Negotiated and approved estoppel agreements for the CVS Pharmacy location in The Strand 7. Negotiated and approved refinancing documents for Pier Plaza restaurants 8. Assisted Planning Department in processing entitlements for various development projects including The RipCurl and the Village at Bella Terra 07-1059/27277 2 9. Negotiated and approved issuance of multi-family revenue bonds for affordable housing project 10. Advised City staff on the Education Code requirements relating to the acquisition of surplus school property 11. Prepared the Memorandum and Ordinance regarding Business License Tax exemption of real estate salespersons and brokers. 12. Prepared Opinion re Measure C impact on Pier Plaza Visitors' Kiosk 13. Prepared the Verizon Cell Tower Agreement 14. Reviewed AES reciprocal easements and other land use agreements 15. Provided legal advice re the FMA Negotiations 16. Reviewed Hotels Audit of TOT revenues including TOT/zoning issues 17. Negotiated the T-Mobile Cell Tower agreement 18. Provided legal advice to staff re the Tiered Water Rates in light of Proposition 218 19. Advised staff re Retiree overpayment issues 20. Reviewed and advised staff re Retiree Self Funded Supplemental Retirement 07-1059/27277 3 Litigation Division The Litigation Division, comprised of three deputy attorneys, is supervised by an Assistant City Attorney and handles all civil matters on behalf of the City and its employees and officials. All cases are handled by the in-house staff unless there is a conflict in representation or the outside counsel is paid by a third party. The Litigation Division is currently handling 36 active cases. The City was served with six (6) new cases this quarter. The charts below identify the types of cases and the potential liability exposure of these cases. Active Litigation Cases Redevelopment Misc. Automobitivil Rights 6% 8% 8% 8% Construction 14% Land Use . ;�� a 26/o Debt Recovery Dangerous 8% Condition 22% POTENTIAL LIABILITY OF PENDING CASES 6 �. �s7ii, n`�+I x`�tii° iP'ib'�t+� .. �Ii axai"•> � t i _ f-..€ P �,� — awl , t� W a , ❑Reserves under$50,000 3 P� - [ Resenes over$50,000 Fi Ten PI' a.. WIN- IT, 0 - ova ��r�5 0 � ,eo CP O 07-1059/27277 4 The Litigation Division resolved the following cases with no monies paid to the plaintiff: 1. State lawsuit alleging inverse condemnation based on City's delay in processing of entitlement application. 2. During the course of the arrest of an individual for a DUI, Police Officer sustained a wrist fracture. The individual sued, and the Police Officer counter-sued, and City to defend the cross-complaint. 3. Mother and her two children were struck while crossing Slater 4. Issue of the "park fee" that the subdivider of Pacific City owed the City. 5. A student was physically restrained by school teachers in a special education class. 6. HBPD Officer involved in auto accident and had pending third party claim. 7. Verizon Wireless sued the City over the denial of its application to attach a cellular antenna to a utility pole. 8. Construction company excavated land for City with a back hoe equipment and damaged underground electrical facilities owned and operated by Edison. The Litigation Division also resolved the following matters: 1. Automobile accident involving city police vehicle. 2. Police Officer alleges harassment and discrimination within the City's police department. 3. Plaintiff alleged that excessive force was used when the City's police officers arrested him in a trailer park. 4. Personal injury action arising out of rear end collision involving three cars. City employee driving City vehicle hit Plaintiff's vehicle, propelling it into third vehicle. 07-1059127277 5 CAROUTING SHEET INITIATING DEPARTMENT: City Attorney's Office SUBJECT: Receive and File City Attorney's Quarterly Report COUNCIL MEETING DATE: November 17, 2008 STATUS -RCA ATTACHMENTS -s Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) NoAttached El Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATIONFOR IATTACHMENTS REVIEWED RETURNED' -: E�;R A DED Administrative Staff Deputy City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATIONS FOR RETURN OF ITEM: _ RCA Author: JM/JG 07-1059 a — — Council/Agency Meeting Held: /d 6 d Deferred/Continued to: -AApp oved _ ❑ n itiona ly A proved ❑ Denied , lep Cit C rk'stignat re/ Council Meeting Date: 10/06/2008 Departme t Number: CA 08-11 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: MAYOR AND CO MEMBERS SUBMITTED BY: JENNIFER McG ity Attorney PREPARED BY: JENNIFER McG ity Attorney SUBJECT: Receive and File City Attorney's Quarterly Report Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Receive and file the City Attorney's Quarterly Report for April 1, 2008 through June 30, 2008. Funding Source: Not Applicable Recommended Action: Motion to: Receive and file the City Attorney's Quarterly Report for April 1, 2008 through June 30, 2008. Alternative Action(s): Do no receive and file the City Attorney's Quarterly Report. Analysis: Not Applicable Strategic Plan Goal: City Services (C-2) Provide quality services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not Applicable Attachment(s): city Clerk's . . - Number No. ® - • • 1. City Attorney's Quarterly Report for April 1, 2008 through June 30, 2008 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney's Office SUBJECT: Receive and File City Attorney's Quarterly Report COUNCIL MEETING DATE: October 6, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable E Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable E Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorne ) Not Applicable E Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable E Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable E Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable E Bonds (If applicable) Attt achedNoA plicable Staff Report (If applicable) Attt A edNopucable El Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable E Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable E ENPLQMATIOM FOR ivJ 330MG ATTACHNC MTS REVIEWED RETURNED FOR R®Er) Administrative Staff I_. Deputy City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (BeloW `Spzic6 For RCA Author: JM/JG 07-1059 Council/Agency Meeting Held: 5� d r % Deferred/Continued to: App ved L3 C nditionally Appr ved ❑ Denied Ctyf lerk' �Signat e v Council Meeting Date: 5/19/08 Department ID Number: CA 08-07 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: MAYOR AND COUN EMBERS SUBMITTED BY: JENNIFER McGRA C' y Attorney PREPARED BY: JENNIFER MCGR , ity Attorney SUBJECT: Receive and File City Attorney's Quarterly Report Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Receive and file the City Attorney's Quarterly Report for January 1, 2008 through March 31, 2008. Funding Source: Not Applicable Recommended Action: Motion to: Receive and file the City Attorney's First Quarterly Report for January 1, 2008 through March 31, 2008. Alternative Action(s): Do no receive and file the City Attorney's First Quarterly Report. Analysis: Not Applicable Strategic Plan Goal: City Services (C-2) Provide quality services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not Applicable Attachment(s): • - bef No. : bescription 1. F y Attorney's Quarterly Report for January 1, 2008 through March 31, 08 ATTACHMENT 1 City Attorney's Quarterly Report This report reflects the activities of the City Attorney's Office for January 1, 2008 through March 31, 2008. Administration Division The administration and support functions are performed under the supervision of the City Attorney. This includes personnel, clerical, financial, technology, training and development, and records management support. This function also includes attendance at regular council meetings as parliamentarian and advisor, and active participation in the executive management team to promote the strategic goals of the City Council. Significant accomplishments for the Administration section include: 1. Preparation of City Attorney's Office 2007 Annual Report. 2. Implementation of a comprehensive training program on Form 700 workshops, Brown Act Roundtable with Commission Liaisons, and AB 1825 Training. 3. Scanned and indexed Opinions prepared by the City Attorney's Office since 1981. Advisory Division The Advisory Division, comprised of three deputy city attorneys, is supervised by an Assistant City Attorney and provides legal assistance on all matters pertaining to the daily operation of the City to the City Council and City officers. It prepares all legal documents and opinions to ensure the City can accomplish its goals and objectives with little, if any, risk of litigation. The Advisory Division received 165 requests for legal assistance and completed 170 requests. There are 199 outstanding requests for legal assistance. 1 Additionally, staff provided assistance with labor negotiations; reviewed and prepared 96 documents and contracts; drafted 25 ordinances and resolutions; made 35 appearances on criminal matters; and provided on-going advice related to the following: • Spay and Neuter Issues • Tax-exempt Financing • Affordable Housing • Campaign Contributions • Condominium Conversion Restitution Fund • Pacific City, Bella Terra, and the Strand. COMPLETED REQUEST FOR LEGAL SERVICES AS OF JANUARY- MARCH 2008 Public "VIAdvice Records& Cnmmal z bocuments Resolution . Memo& &ContractsCitizen Pitcliess& a Pro�ects� Totalt � Opinion Inquiry Heanngs &Ortlmance Re uests5 r .,.. Administration 1 1 2 0 1 0 5 BuildingYP &Safety2 0 0. 1, 3 _ City Attorney 0 5 1 3 0 2 11 CityClerk 1, ,: 0 9a 0. 0 City Council 0 0 0 0 0 1 1 City Treasurer 4 4 0 0 0 0 8 � a CommunityServices 4 „4 . �.0 .;� `0 N i2? �,, Econ. Development 2 16 0 0 1 6 25 Finance 2 6 `;, 1 0 ` Fire 2 7 0 0 0 2 11 Info. Services 2 0 ;:,', 0 ���,�����Or 0` °� 02 Human Resources 1 2 0 0 1 1 5 Planning 0 19 0 1 2 0 22 Police ,g 1 . 10 ,, ,2' ;, Public Works 3 14 0 1 4 2 24 Risk:Mana ement 1 0 ; �o„� 0 " 1 .610 611 Total' 31 "87, - 06. "`1'5 14 .17-y4 2 Significant projects for the Advisory Division include: 1. Worked with City Council subcommittee on campaign reform 2. Prepared 400 public hearing notices for condominium conversion restitution fund distribution 3. Prepared spay and neuter ordinance 4. Assisted the Downtown Business Improvement District in modifying their organizational structure to comply with the changing dynamics of the downtown as well as comply with State law. 5. Worked with finance department in refinancing outstanding bonds. 6. Participated in contract negotiations with Huntington Beach Fire which led to successful resolution of their Memorandum of Understanding. 7. Negotiated a Memorandum of Understanding with the Friends of Dog Beach for the first time to memorialize the Friends obligations as well as set parameters for their operation on City property. 8. Prepared Special Legislation relating to the Auto Dealers Readerboard for introduction in the California Senate. 9. Assisted staff in response to document subpoenas relating to the Strand project. 10.Provided staff with direction on implementing SB 698 by providing a pamphlet on condemnation noticing procedures. 11.Advised City Treasurer on disbursement procedures for Bella Terra CFD. 12.Prepared deed restrictions, promissory notes and related agreements to facilitate transfers of affordable housing units. 13.Prepared TEFRA resolutions and loan commitment documents to facilitate the rehabilitation of multi-family affordable housing units. 14.Assisted staff in responding to inquiries from local oil operators. 15.Assisted, advised and prepared supporting documentation relating to the certification of the EIR for the Senior Center. 3 Litigation Division The Litigation Division, comprised of three deputy attorneys, is supervised by an Assistant City Attorney and handles all civil matters on behalf of the City and its employees and officials. All cases are handled by the in-house staff unless there is a conflict in representation or the outside counsel is paid by a third party. Currently, the City Attorney has assigned two personnel related cases to outside counsel. The Litigation Division is currently handling 28 active cases. The City was served with 9 new cases this quarter. The charts below identify the types of cases and the potential liability exposure of these cases. Active Litigation Cases Redevelopment 4% Automobile Employment 14% 400 Land Use I Civil Rights 25% -i 11% �4- Constru tion ` Wt o Debt Recovery 14% Dangerous Condition 14% POTENTIAL LIABILITY OF PENDING CASES 45 Ids 1�1J i Id ( Ir� '` rrni" idWi� m "'ki ihl� li�(II w M 3 5 E 4 �� M h r ii �J U W' t i k rya. M �`Y Ih4IW .7 - rd,. - _ p ` 25 ac. 1 ��W�uHl�,) , F dl W y ( �L„ O Reserves Under$50,000 4' ' �' III W �` ©Reserves Over$50,000 x i s ` a ki t j - 2- ,, P . o ' Automobile Civil Rights Constru M Dangerous Dcbt Recovery Employment Iznd Use Redevelopment Condition 4 The Litigation Division resolved the following cases with no monies paid to the plaintiff: 1. Beachgoer drowned at City beach. 2. Plaintiff claimed false arrest, excessive force, failure to provide medical treatment, and denial of bail arising from Plaintiff's arrest during a domestic disturbance. 3. Complaint for civil rights violations arising out of a domestic violence call for service. 4. Action to recover medical marijuana seized by the Huntington Beach Police Department. The Litigation Division also resolved the following matters: 1. Complaint for personal injury arising out of 8/8/05 incident where police officers transported plaintiff to a facility for medical and psychiatric observation. 2. Plaintiff claims not paid by City for engineering services. 5 RCA ROUTING HEFT INITIATING DEPARTMENT: City Attorney's Office SUBJECT: Receive and File City Attorney's Quarterly Report COUNCIL MEETING DATE: 5/12/08 �TA�CHNT STATUS RCA AT Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not A plicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Ap licable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RE1/IV�IED RETURE® FORT .i 13ED.q. Administrative Staff Deputy City Administrator (initial) ) City Administrator Initial City Clerk ( ) EXPLA►R9i4�IOPI FOR RETURN OF ITEM: > - RCA Author: JM/JG 07-1059 C'4 Council/Agency Meeting Held: Deferred/Continued to: to Appr ved ❑ Conditionally Approved ❑ Denied y Jerk's ign l Council Meeting Date: 2/19/2008 Departm nt Number: CA 08-02 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: MAYOR AND COUP- IL--MEMBERS SUBMITTED BY: JENNIFER McGR`A tAttorney PREPARED BY: JENNIFER McGRAT Attorney SUBJECT: Review and Accept City Attorney's Quarterly Report Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Receive and accept the City Attorney's Quarterly Report for October 1, 2007 through December 31, 2007. Funding Source: Not Applicable Recommended Action: Motion to: Review and accept the City Attorney's Fourth Quarterly Report for October 1, 2007 through December 31, 2007. Alternative Action(s): Deny or critique quarterly report. Analysis: Not Applicable Strategic Plan Goal: City Services (C-2) Provide quality services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not Applicable Attachment(s): . o - o F ,' 1. City Attorney's Quarterly Report for October 1, 2007 through December 31, 2007 ZE- . � . ...AC A( .�m City Attorney's Quarterly Report This report reflects the activities of the City Attorney's Office for October 1, 2007 through December 31, 2007. Administration Division The administration and support functions are performed under the supervision of the City Attorney. This includes personnel, clerical, financial, technology, training and development, and records management support. This function also includes attendance at regular council meetings as parliamentarian and advisor, and active participation in the executive management team to promote the strategic goals of the City Council. Significant accomplishments for the Administration section include: 1. Implementation of a comprehensive training program on the professional services contracts administration, Ethics (AB 1234), "So Now You've Been Sued" and sexual harassment prevention. 2. Opinions prepared by the City Attorney's Office from 1997 to present, have been scanned and indexed into the department's document management software. 3. Addition of a new Deputy City Attorney to the Advisory Division. Advisory Division The Advisory Division, comprised of four deputy city attorneys, is supervised by an Assistant City Attorney and provides legal assistance on all matters pertaining to the daily operation of the City to the City Council and City officers. It prepares all legal documents and opinions to ensure the City can accomplish its goals and objectives with little, if any, risk of litigation. The Advisory Division received 173 requests for legal assistance and completed 144 requests. There are 228 outstanding requests for legal assistance. 1 Additionally, staff provided assistance with labor negotiations; reviewed and prepared 116 documents and contracts; drafted 34 ordinances and resolutions; made 31 appearances on criminal matters; and provided on-going advice related to the following: • Fire and Building Codes • First Amendment Activity • Spay and Neuter Issues • Tax-exempt Financing • Affordable Housing • Campaign Contributions • Condominium Conversion Restitution Fund • Application of AB 1597 to Charter Cities • Pacific City, Bella Terra, and the Strand. COMPLETED REQUEST FOR LEGAL SERVICES AS OF JULY- SEPTEMBER 2007 Advice Records& Cnmmal Documents ' Resolution Citizen Pitchess& -Projects Totaf &,Contracts &Ordinance Opinion . Inquiry NHearings �'Re x`uests Administration 1 3 8 0 0 0 12 Building&Safety0 a�t_t 2 MO 0 i 0 1 3 City Attorney 2 2 2 3 1 1 11 CityClerk 0 1 0, 0 0 0 t City Treasurer 3 0 0 0 1 0 4 Community Services 3 2v 0 Q 3 0 8 Econ. Development 3 12 0 0 1 0 16 Finance 1 2 0 0 0 0r 3 Fire 0 4 0 0 1 0 5 Info. Services ""0' 2- 0 s 0 k 0 0 2k;_. , Human Resources 1 1 1 1 6- 0 10 Libra 0 r 1 0 0 Planning 0 11 0 2 2 2 17 Police 2 2 2 10 v,99 u Public Works 1 14 6 0 7 1 29 Risk Mana ement = 0 3 0 Total 17 62 19 _ 16 22 '8 144 2 Significant projects for the Advisory Division include: 1. Updated Refuse Management Code to comply with new state mandates and implement city refuse collector's automated collection program. 2. Prepared cooperative agreement with LAFCO and County of Orange regarding phasing implementing of annexation of Brightwater Development. 3. Prepared grant agreement with Huntington Beach Wetlands Conservancy for mitigation of environmental impacts related to Newland Street widening project. 4. Prepared affordable housing agreement. 5. Prepared joint use parking agreement. 6. Coordinated responses to public records act requests for multiple city departments. 7. Persuaded court to vacate its order for the return of medical marijuana and stay of proceedings upon providing evidence of planned petition to Supreme Court of adverse Court of Appeal opinion. 8. Advised Public Works with regard to the process to be followed when modifying or increasing water or sewer rates, pursuant to Proposition 218. 9. Assisted in the negotiation of Municipal Employee Association MEO. 10. Negotiated allocation agreement with Verizon Wireless. 3 Litigation Division The Litigation Division, comprised of three deputy attorneys, is supervised by an Assistant City Attorney and handles all civil matters on behalf of the City and its employees and officials. All cases are handled by the in-house staff unless there is a conflict in representation or the outside counsel is paid by a third party. Currently, the City Attorney has assigned two personnel related cases to outside counsel. The Litigation Division is currently handling 33 active cases, which the City was served with four new cases. The charts below identify the types of cases and the potential liability exposure of these cases. Existing Litigation Cases Redevelopment Employment Automobile Y Land Use = � Civil Rights IIY Debt Recovery - Construction Dangerous Condition POTENTIAL LIABILITY OF PENDING CASES Existing Litigation Cases 7 I — �In r i 11 s (I II i ti r i L��i Y d. qpu —ICI lap�hPillI III p ° Y IplAdlzjll ���'jp .� -A II IIY ©Reserves undersso,000 " III mpll _ -l 0& ®Rase vea over$soAoo �I �0 S 11 t TENT I I �= � ail I� �I Ingl4 III'Y '0,� a� fi (Iml b WIT r I o Automobile Civil Rights Construction Dangerous Debt Recovery Lend Use Redevelopment C—dilion 4 The Litigation Division resolved the following cases with no monies paid to the plaintiff: 1. CEQA writ action over Poseidon's proposed seawater desalination facility. Deputy City Attorney John Fujii was primarily responsible for settling this matter with a recovery of$28,162.50 in legal fees. 2. Collection of unpaid fees, taxes and bills; partial payment made. 3. Plaintiff fell/tripped on a cover on a drain located behind 116 Main Street. 4. Plaintiff claims he was falsely imprisoned after a vehicle stop. 5. Challenge to validity of City's mobilehome park closure/relocation ordinance. The Litigation Division also resolved the following matters: 1. Plaintiffs challenge Affordability Covenant at Cape Ann. 2. Automobile accident with City employee. 3. Bicyclist fell while riding bike through puddle. 4. Trip and fall accident on a City sidewalk at Utica and Florida. 5 RCA ROUTING H T INITIATING DEPARTMENT: City Attorney°s Office SUBJECT: Review and Accept City Attorney's Quarterly Report COUNCIL MEETING DATE: February 19, 2008 RCA ATTACH. . ANTS STATUS ; .. Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached t Applicable Staff Report (If applicable) Attt A edNopucable Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable -,EXPLANATION FOR t St GATTACHMENTS"', REVIEWED RETURNED 'FOR RDED' Administrative Staff Deputy City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF-ITEM: ® e . RCA Author: JM/JG 07-1059