HomeMy WebLinkAbout2011 City Attorney Quarterly Reports OJ /)9 C Crq
Council/Agency Meeting Held: 3 .E Q
Deferred/Continued to:
'1 Appr ed ❑ Conditionally Approved ❑ Denied C Ier s Si tune
Council Meeting Date: March 5, 2012 Departm t ID Number: CA 12-001
CITY OF HUNTINGTON -BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: City Attorney's Quarterly Report - July 1, 2011, through September 30,
2011
Statement of Issue: Receive and file the City Attorney's Quarterly Report for July 1, 2011,
through September 30, 2011.
Financial Impact: N/A
Recommended Action: Motion to:
Receive and file the City Attorney's Quarterly Report for July 1, 2011, through September 30,
2011.
Alternative Action(s): N/A
Analysis: N/A
Environmental Status: N/A
Strategic Plan Goal: Improve the City's infrastructure
Attachment(s):
Description
1. Cit Attorney's Quarterly Report
2. Civil Litigation Matters
Item 3. - 1 HB -1 8-
CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Citizen's Association of Orange County Local 30-2010-00431832; Sunset Beach residents have sued Suit filed on 12/9/10. Judgment in favor of
Sunset Beach Agency Foundation, City of G045878 the City and Orange County Local City on 9/20/11. Notice of Appeal filed on
HB Agency Formation Commission to 10/05/11. Sunset Beach Resident's
enjoin the City from annexing Sunset Opening Brief due 2/10/12. Briefing likely to
Beach unless there is a favorable be completed by June, with an appellate
vote by the residents under Prop. decision by the end of 2012.
218 re approval of City taxes not
currently paid by County residents.
City&Redevelopment Hayes, et al. 30-2008-00073768 Lawsuit brought to enforce Affordable The City has obtained an entry of default
Agency Housing Covenant against Units against Harrison, and applied for Default
B-14, D-33 and D-41at Brisas del Judgement on 12/3/2011,which is pending
Mar, located at 409 E. Utica. This is before the Court. Similarly, the City
one of several suits regarding Brisas obtained an entry of default against Roy on
del Mar. 12/15/2011 along with an award of
sanctions.
Once the Court issues judgments in favor of
City and against Roy and Harrison, the
Case will be closed.
Status Conference set for 3/7/12.
City of Huntington Beach Menaldi, Dominic 09WM03617 Defendant has made illegal Sentencing for Mr. Menaldi set for 10/22/10.
alterations to the block wall along
side of his property at 9001
Bermuda.
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W CIVIL LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
-, contain 'not' and status is open and status date is between 1/1/1996 and
-- 9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
City of Huntington Beach Lee, Shon, et al. 30-2009-00329477 The City has sued to enforce the Lee's Demurrer to Complaint was sustained
Affordability Covenant against Unit without leave to amend.
B-13 at Brisas del Mar.
City Council authorized an appeal on
11/21/11. Appeal will be filed when
Judgment in favor of Lee is entered by the
Court.
OSC set for 3/13/12.
City of Huntington Beach Fidencio Alvarez et.al. 07CCO2215 City condemning right-of-way to Expert depositions underway. Trial set for
widen Garfield near its intersection 6/4/12
with Delaware.
Z
ti
y' City of Huntington Beach, Michael Mahan, et al. 30-2011-00509010 Unlawful detainer Judgement for City allowing eviction on
et al. 12/13/11. Auction of mobile home
conducted on 1/25/12; City posseses
mobile now because no bids were made.
Money judgement lodged with court on
1/31/12. Other defendants were either
dismissed or partially satisfied judgement
due to eviction.
2/8/2012 9:52:12 AM Page: 3
CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
City of Los Angeles Hotels.Com, et al. BC326693 Online sellers of hotel rooms Council approved the retainer agreement on
allegedly failed to pay the full 11/17/08. Outside counsel is appealing
transient occupancy taxes to cities adverse ruling in City of Anaheim case.
on these transactions.
Cranford,Denise Catherine City of Huntington Beach, 30-2008 City employee alleges failure to Through a pretrial summary judgment
et al. 00106397 prevent harassment, retaliation, motion, City eliminated the harrassment and
invasion of privacy, harassment- retaliation claims. The trial was conducted
hostile work environment and from 1/26/10 to 2/12/10, and jury found in
disclosure of confidential medical favor of City.
information.
Appeal filed. Case fully briefed and oral
argument held on 1/23/12; now waiting for
Court of Appeal decision.
Crystal Island Community Huntington Beach Union 06CC01729 Crystal Island Homeowners Judgment entered 5/28/09. The remaining
Association School District, et al. Association brought a quiet title issues are between Association and High
action to determine whether the School District, not City. High School
public, including Huntington Beach District appealed but abandoned its appeal
High School, may use Veladare on 5/26/10. Case closed.
Circle.
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Area of law contains 'civil' and Matter ID not contain V and Court No not
L contain 'not' and status is open and status date is between 1/1/1996 and
W 9/30/2011
Case Summary
Plaintiffs Defendants Case No. Case Status
Doan,Jennifer City of Huntington Beach, 30-2009 Passenger in vehicle collision alleges Case tried and Defense Verdict returned on
et al. 00119973 dangerous condition. 11/2/11; Judgment entered on verdict on
11/9/11.Time to appeal has expired. Case
closed.
Duke, Eugene Grant Duke USA, City of Huntington SACV10-00010 Plaintiff lost control and fell off his Plaintiffs deposition has been taken.
Beach CJC(MLGx) bicycle when wheel became lodged Pretrial Conference set for 9/10/12. Trial set
in mats that had separated at a for 9/18/12; Plaintiff has just served new
railroad crossing at Springdale and defendant, J.A. Placek.
Briarcliff. There is a dispute
regarding whether the City or the
United States is responsible for the
crossing. Both the City and the
United States have easements
z across the tracks.
Co
a Gallardo, Emma, a Minor Playword Systems, Inc., 30-2010-00427186 Minor fell off money bars on On 2/25/11, the insurer(Peerless Insurance
Explorer Insurance, CHB playground at Bolsa View Park, 5748 Company)for City's park maintenance
Brighton Drive,and fractured her left contractor(Spectrum Care Landscape)
arm and chipped her tooth. Lawsuit accepted City's defense and indemnification.
claims City failed to maintain the Insurer also defending City in Playworld's
playground,creating a dangerous cross-complaint against City. Law firm of
condition. Yoka & Smith is defending City. Mediation
is on 2/9/12, Status Conference is on
3/8/12, and trial is on 4/30/12.
2/8/2012 9:52:13 AM Page: 5
CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
9/30/2011
Case Summary
Plaintiffs Defendants Case No. Case Status
Gould, Rob/Renee& Cacares, City 30-2011-00477467 Personal Injury and Wrongful Death Discovery proceeding; Case set for trial on
Chuntz, Jacob/Daisy action involving pedestrians stuck in 5/21/12; State Farm just added as a
a crosswalk on Springdale Ave. defendant; Anticipate trial being continued
Plaintiffs claim said location was a and proceeding with Motion for Summary
dangerous condition of public Judgment.
property.
Griffin Dewatering Dorsey Dean Allison 30-2010-00344707 In Hillcrest case, contractor This case was consolidated with two related
Corporation (Hillcrest) claims City breached its cases, incluing Hillcrest's suit against the
contract for worked performed on the City, with this case was designated as the
Newland Street Improvement Plan. lead case.
Discovery is ongoing. Mandatory
Settlement Conference is on 4/13/12 and
trial is on 5/7/12.
Ismail,Niveen City of Huntington Beach, SACV 10-00901 Plaintiff alleging civil rights violation City's Motion to Dismiss has been under
et al. VBF (AJW) submission since 11/10.
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ATTACHMENT # 1
City Attorney's Quarterly Report
This report reflects the activities of the City Attorney's Office for July 1, 2011 through
September 30, 2011.
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 projects for the Administration Division include:
• Provided city-wide training entitled: "AB 1234 — Ethics Training
• Prepared and arranged 39 Civil Citation Hearings for City's hearing
officer.
Advisory Division
The Advisory Division, comprised of three attorneys, 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.
4th Quarter 2011 Summary
122 Priority matters completed
79% Priority matters completed within 30 days
117 New RLSs received
31 Outstanding RLSs 55 priority 126 non-priority)
Additionally, staff made 15 appearances in West Municipal Court on various Municipal
Code violation cases and provided on-going advice related to the following:
Quiet Title— Ownership of Bartlett and HBMC Updates
Moffett Parks Wireless Communication Ordinance
Annexation of Sunset Beach Costco Entitlement Process
Atlanta Avenue Widening PRA Policies and Procedures Update
07-1059175944 1
Item 3. - 3 xB -20-
REQUESTS COMPLETED BY MATTER TYPE (July -September 2011)
Advice Public Labor
Memos Documents Records& Criminal Resolutions Agreement
Total & &Contracts Citizen Pitchess& & Projects Negotiations,
Opinions Inquiry Hearings Ordinances Grievances&
Requests Investigations
Total 122
Administration 4 3 1
City Attorney 7 1 1 2 3
City Clerk 2 2
City Treasurer 3 2 1
Community Services 5 2 2 1
Econ.Development 31 4 24 2 1
Finance 9 4 5
Fire 12 1 8 1 3
Human Resources 2 1 1
Information Services 4 3 1
Library 0
Planning&Buildinq 1 11 5 1 1 5
Police 14 5 7 1 1
Public Works 1 18 1 13 4
Significant projects for the Advisory Division include:
1. Mobile Home Rehabilitation Loan Defaults.
2. Whether Charter Section 612 Requires a Vote of the People to Authorize the
Sale or Exchange of Lamb Park.
3. Issues Central to Civic Improvement Corp. Ownership of Parcels Adjacent to
City Hall.
4. Review and Advise Affordable Housing Issues at Memphis/Nashville Site.
5. Affordable Housing and Inclusionary Ordinance Program.
6. Affordable Housing Regulations
7. Measure C Opinion Regarding Portion of Corporate Yard.
8. Liability Issues Related to Fire Department Patients who Exhibit Abnormal
Psychological Behavior.
9. ADR Process for Workers' Comp Claims with POA and HBFA.
10. Redevelopment Agreement for the Village at Bella Terra.
11. Helicopter Support Services with Newport Beach.
07-1059/759,0 2
Hs -21- Item 3. - 4
12. Requiring a Sewer Lift Station Agreement from Signal Landmark.
13. Beach Promenade — Ground Lease and Subordination Agreement.
14. Vacate Waterline Easement on Edinger Avenue at Belle Terra Village.
Litigation Division
The Litigation Division, comprised of three attorneys, handles all civil matters on behalf of
the City and its employees and officials. Ninety-five percent (95%) of the 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 handled 46 active cases during the third quarter. The City was
served with ten (10) 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% { ► I(SCeIIaCl
Land Use
19%
Government
4%
Employment
6% Debt Recovery
6%
Miscellaneous Includes: Automobile,Breach of Contract,&Criminal Prosecution
07-I059/75944 3
Item 3. - 5 HB -22-
POTENTIAL LIABILITY OF PENDING CASES
®Reserves under$50,000 ■Reserves over$50,000
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The Litigation Division settled the following cases with no monies paid to the
plaintiffs:
1. CEQA challenge to the Negative Declaration issued to expansion of
Brethren Christian High School.
2. City filed complaint with the CPUC challenging approval cellular antenna
installation in right-of-way, primarily on existing utility poles, in violation of
the City's undergrounding ordinance.
3. Plaintiffs allege City's failure to overturn the issuance of the Conditional
Use Permit for an express car wash.
4. Minors sustained injuries from State beach fire pits.
5. Plantiff tripped over fire pit that was obscured with sand.
07-1059/'759" 4
HB -23- Item 3. - 6
The Litigation Division also settled the following cases:
1. Plaintiff slipped and fell on sidewalk allegedly caused by a raised water
valve cover.
2. Plaintiff tripped and fell on a raised and uneven portion of the City's
sidewalk.
3. A public interest advocacy organization alleges that City violated CEQA,
City Charter Section 612 (Measure C), and City's General Plan in
approving Senior Center.
07-I 059/75944 5
Item 3. - 7 Hs -24-
ATTACHMENT #2
xx -25- Item }. - R
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Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Anastasi, Kevin City, Ofcr Smith, Ofcr 30-2011-00467815 Plaintiff claims wrongful arrest, Plaintiffs deposition being scheduled. Trial
Turner injuries, and costs incurred in set for 9/24/12.
defense of criminal charges filed
against him by the police as a result
of his arrest on 4/24/09.
Barber, Michael and City 30-2011-00456720 Plaintiff, a minor, tripped and fell in a On 10/7/11, City's Demurrer to Complaint
Zakary hole in the sidewalk near Talbert was sustained with leave to amend.
Middle School (9101 Brabham Dr.) Plaintiffs served First Amended Complaint
and City's response to First Amended
Complaint is due on 2/10/12. Case
Management Conference is on 2/27/12.
Bolsa Chica Land Trust City of Huntington Beach 30-2010-00398306 Petition for Writ of Mandate No briefing schedule or trial date has been
requesting Court to block the Ridge set. On 4/11/11, Court stayed action until
Housing Project from development Coastal Commission action. A Status
and vacate the Mitigated Negative Conference is set for 4/3/12.
Declaration (MND)and force City to
prepare an Envirormental Impact
Report(EIR).
California Regional Water City of Huntington Beach R8-2010-0004 Alleged sewage discharged from the Settlement documentation needs to be
Quality Control Board Oak View Branch Library to City's finalized.
street and storm drain system.
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Area of law contains 'civil' and Matter ID not contain '.' and Court No not
Lcontain 'not' and status is open and status date is between 1/1/1996 and
vi 9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
JS Stadium, et al. City of Huntington Beach 30-2011-00463995 Owner of Huntington Shorecliffs Discovery is ongoing. Post-mediation
(Huntington Shorecliffs Mobilehome Park suing the City for hearing/CMC is on 4/2/12.
Mobile Home Park damages caused by City's drainage
system to owners of mobile homes
in the Park.
MCP Industries Inc. Vadnais Corporation, City 30-2008 City is suing the contractor, Vadnais, BV has changed its attorneys and its
of Huntington Beach, et al. 00113320 for breach of contract for faiiling to strategy, after the City amended its
install the Warner Avenue Gravity Cross-Complaint to not only seek recovery
Sewer line, and suing the design from Vadnais of the City's attorneys fees,
engineer, Bureau Veritax, for a but also recovery of a portion of the
negligent design. Vadnai is construction payments to Vadnais.
counter-suing City for failure to pay
for all work performed. BV has demurred to the City's
Cross-Complaint. The Demurrer was heard
on 2/3/12. BV also is challenging the Good
Faith Settlement with Vadnais, set for
N 2/24/12; if successful, the City will be paid
and proceed to trial against BV for negligent
design. However, an underlying discovery
dispute between the City and BV may delay
the Court ruling on the Settlement until the
discovery is resolved.
The City's Motion for Summary Adjudication
regarding attorneys'fees is set for 2/10/12; if
successful, the City will be paid in an
amount as the Court may determine.
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CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Trial on the City's claims against BV is set
for 8/20/12.
Mercury Insurance City 30-2011-00507032 Subrogation lawsuit for City filed answer on 10/24/11. CIVIC is on
Company reimbursement of property damage- 2/29/12.
related to Walker v. City auto
accident at Edinger/Gothard.
Newman, Anita J. City of Huntington Beach, 30-2010-00405526 Bicyclist claims she was hit by a City filed a Cross-Complaint against Amano
et al. parking control gate near the McGann (the company who serviced the
Huntington Beach Lifeguard gate in the days prior to the accident).
Headquarters. Amano McGann filed Cross-Complaint
against City and City answered it. In a
x Second Amended Complaint, Plaintiff also
has sued Amano McGann, ASSI Security
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and Magnetic Automation Corporation (the
manufacturer of the gate).
MSC is on 3/23/12. Trial is on 5/7/12.
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Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
�l 9/30/2011
Case Summary
Plaintiffs Defendants Case No. Case Status
NextG Networks City of Huntington Beach A.09-03-007; NextG filed an application with the City filed Amended Petition for Writ of
(CPUC Proceeding) Appeal G044796 CPUC to install a cellular antennas Review on 07/15/2011. Answers filed by
in the right-of-way, primarily on NextG and CPUC on 8/19/2011. Briefing
existing utility poles. The City is now complete and awaiting action by Court.
contesting whether State law permits
NextG to use the right-of-way, and
whether the project complies with the
City Undergrounding Oridinance.
NextG Networks of City of Huntington Beach 30-2009-00119646; NextG proposes constructing Trial stayed pending resolution of CPUC
California, Inc. (State (State Court) G045030 c/w antennas and fiber optic networks in Appeal. Next status conference 4/13/2012.
Court) G044796 public rights-of-way, and alleges
City's "Wireless Permit Ordinance"
requirements are unlawful as to their
proposal. .
Omnipoint City of Huntington Beach
CV09-3777 RGK T-Mobile has filed suit enjoin the City Both the City's Opening Brief and T-Mobile
Communications, Inc. (SSx); 10-56877 from applying Measure C to the Cross-Appeal Brief have been filed. City's
(T-Mobile 1) proposed antennas at Harbour View Brief due 3/22/12. T-Mobile's Reply Brief
Park and Bolsa View Park. due 4/24/12. It is expected that Oral
Argument will be scheduled during Summer
2012.
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CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Pacific Mobile Home Park City(Subdivision) 30-2011-00497684 Pacific Mobile Home Park is After the City initially only counter-sued
challenging the City's denial of Pacific, the Court has ordered the City to
subdivision applicatiion to convert the amend its counter-suit by 2/6/12 to add the
existing for-rent mobile home park 24 individual coach owners as Defendants
into resident ownership. along with HCD.
As to PMH's challenge to the denial of the
conversion, trial is set for 4/27/12. The City
must complete the Administrative Record by
2/10/12, and lodge it with Court by 3/9.
Plaintiffs Opening Brief due 3/9, City's
Opposition Brief due 4/3, Plaintiffs Reply
Brief due 4/13.
A Case Management Conference is set for
4/24/12, at which time the Court will set the
trial date on the City's cross-complaint.
Hearing on Writ of Mandate is set for
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Pacific Mobilehome Park, City of Huntington Beach 30-2011-00449749 Pacific Mobilehome Park challenges The Court heard the on Petition on 1/12/12,
LLC the City's adoption of a mitigated granted a Peremptory Writ in favor of
negative declaration under CEQA for Pacific and ordered the City Council to
the Atlanta Avenue Widening vacate the MND. It is expected that the
Project. Court will sign a Judgment in the next week,
which will trigger the 60 day periord for the
City to appeal.
The City has already begun the procedure of
adopting a recirculated MND, which may be
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Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
`O 9/30/2011
Case Summary
Plaintiffs Defendants Case No. Case Status
completed by early May. It is expected that
Pacific will challenge the revised MND
again.
Paholski, Jack and Reed, City of Huntington Beach 30-2009-00124476 Plaintiff, two police officers, The Court ruled in favor of the officers on
Brandon challenge discipline imposed against 1/19/10, although it has not yet issued a
them on the ground that it is formal order.
time-barred pursuant to Government
Code Sec. 3304(d).
Puszert, Carol City of Huntington Beach 30-2011-00467413 Plaintiff claims she tripped and fell City filed Answer to First Amended
over a cement parking block at Complaint on 7/20/11. A mandatory
Murdy Recreation Center. settlement conference/mediation return is on
7/20/12. Summary judgment hearing is on
6/21/12. Trial is on 8/20/12.
' Randall, Jill County of Orange
30-2011-00457117 Plaintiff claims civil rights violations State Court case dismissed and case refiled
against Orange County and the City in federal court on 11/10/11; City
in connection with the County's anticipates moving for summary judgment.
investigation and removal of Plaintiffs
4-year-old son from her custody.
The City's involvement is limited to
assistance provided to County Social
Services personnel in the removal of
Plaintiffs son from her residence.
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CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Richmond, Dempsey Blu D.P. Mangan, Inc., City 30-2011-00485319 Plaintiff claims he tripped and fell into On 8/26/11, contractor's insurer(Liberty
an open trench in a construction area Mutual)accepted City's defense and
on Second Street near Olive Street in indemnification. Law firm of Halas& Muhar
downtown HB. is defending City. MSC is on 4/20/12 and
trial is on 5/14/12.
Roberts,Shannon City 30-2009 Plaintiffs allege that City employees Roberts' motion to stay discovery as to him
00323224 conspired with Plaintiffs husband, only during pendency of criminal prosecution
also a City employee, to cover up was granted. No trial date. Plaintiffs'
husband's physical abuse of counsel has filed a motion to be relieved as
Plaintiffs. counsel, but said motion was taken off
calendar by court for non-compliance with
statutory notice requirement; Motion likely
to be refiled
30-2011-00498362 Plaintiff is a former Library Clerk City filed answer on 9/28/11. Case
Sager,Merrie City employee who claims discrimination, Management Conference is on 3/12/12.
failure to accommodate her
disabilities of deafness and cerebral
palsy, and wrongful termination.
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CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
[v contain 'not' and status is open and status date is between 1/1/1996 and
9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Sanchez, Leticia City of Huntington Beach 30-2010 Plaintiff claims she fell on Pier Plaza. Court bifurcated the issue of liability from
00423471 damages. The jury unanimously returned a
verdict of no liability in favor of City and
against Plaintiff on 12/13/11.
Sipple/NewCingular City of Huntington Beach BC462270 Class action lawsuit to recover Complaint served on 6/28/11. Los Angeles
Wireless internet utility user taxes paid by Superior Court has set the hearing on the
New Cingular Wireless(AT&T). demurrers and Status Conference on
1/26/12. City has retained law firm of
Colantuono& Levin to represent it on a pro
rata basis with 40 other cities.
Sosa, Miranda City and Eisele, Greg 30-2011-00456969 Plaintiff struck by left front tire of a Case tentatively settled at mediation on
lifeguard truck while laying in the 11/28/11. Scheduled for review and approval
sand. by City Council on 12/05/2011; Plaintiff has
finally signed and return Release.
Squirrell, Richard & Pam City of Huntington Beach 30-2010 Junior Life Guard incident of July 14, Action against the individual City employees
00355326; 2009, resulted in the death of minor has been dismissed, and Plaintiffs are close
00403512& participant. to settling against Crystaliner.
00406621 Trial has been set for May 7, 2012.
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CIVIL LITIGATION Matters CASES ® ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Sunesys, LLC City of Huntington Beach 30-2009-00323543 Sunesys is challenging the City's Resolution of the two NextG cases likely will
authority to require that a fiber optic determine the validity of application of the
communication network between the Undergrounding Ordinance as to Sunesys.
schools and buildings of the Fountain The Court has stayed this Action pending
Valley School District be reolution of the related NextG case, which
undergrounded. in turn, was stayed pending resolution of the
City Petition for Review of the CPUC, which
action is pending before the Court of Appeal.
Status Conference set for 4/27/12.
When case resumes, there are pending
discovery disputes to be resolved.
T-Mobile West Corporation City of Huntington Beach CV 10-2835 The City denied approval of After the City completed the Administrative
(Community United CAS (Ex) T-Mobile's permit to install antennas Record on 12/13/10, Plaintiff dismissed its
Methodist Church) at 6666 Heil Avenue belonging to the challenge based upon the Record. Instead,
Community United Methodist Church T-Mobile is only pursuing its claim that there
of Huntington Beach. is a "substantial gap" in its service, and the
Church is the only feasible site to close that
gap. the City has served written discovery
on T-Mobile's claim, which has not yet been
aswered. Depositions will begin in March.
Settlement Conference set for 3/12/12.
Pre-trial conference is on 6/4/12. Trial is on
6/26/12.
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Area of law contains 'civil' and Matter ID not contain '.' and Court No not
tv contain 'not' and status is open and status date is between 1/1/1996 and
w 9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
United States JM Manufacturing Company EDCV 06-0055 Class action suit regarding sale of The case has been held under seal since
Inc. SGL (C.D. CA) substandard water pipes. filing, so that the California AG could
determine whether to intervene. The AG
determined in 11/09 to not intervene, and the
seal should come off shortly.
City has chosen not to intervene, and
consequently, Plaintiffs counsel to
represent City if the action proceeds.
Waldowski City, AVP Pro Beach 30-2011-00437852 Volleyball player claims she was On 3/16/11,AVP's insurer(Travelers
Volleyball injured during a tournament when Insurance)accepted City's defense and
she dove into a piece of lumber in the indemnification. Law firm of Osman &
sand. Associates is defending City. Trial on
2/14/12 vacated and OSC re Dismissal
hearing is on 2/27/12.
� Walker, Robert T. Fluss, City
30-2011-00486324 Plaintiff was involved in automobile City and employee Fluss filed Answer and
accident with a City vehicle at the City filed Cross-Complaint against Plaintiff
intersection of Edinger and Gothard. on 8/25/11. MSC is on 4/13/12. Trial is on
5/14/12.
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CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains 'civil' and Matter ID not contain '.' and Court No not
contain 'not' and status is open and status date is between 1/1/1996 and
9/30/2011
Plaintiffs Defendants Case No. Case Summary Case Status
Wilson, Deanna, et al. City of Huntington Beach, 30-2009 Claim for dangerous condition and Written discovery ongoing and depositions
et al. 00318053 wrongful death arising out of the are being set. The County has been
6/27/09 incident. dismissed, and the State's MSJ was denied.
Trial set for 8-20-12.
Yee, Maria L,Trustee of of City of Huntington Beach, 30-2011-00456408 Plaintiff, owner of La Bella Plaza, Case closed. City is currently processing
the Yee Trust et al. 19400 Beach Blvd., seeks to compel payment of$9,391.50. OSC re Dismissal
the City to respond to a Public hearing is on 2/28/12.
Records Act request regarding the
City's Gravity Sewer Installation and
Lift Station Demolition, Ocean Hill
Dr. project(Adams/Beach Lift
Station).
30-2011-00453370 Plaintiff, owner of La Bella Plaza, City filed Answer to Complaint and filed
Yee, Maria L,Trustee of of City of Huntington Beach,
the Yee Trust et al. 19400 Beach Blvd., seeks to enjoin Cross-Complaint against contractor(Garcia
use of Plaintiffs parking lot as a Juarez Construction)on 5/31/11. MSC is on
construction yard for the City's 2/3/12 and trial is on 6/11/12.
Gravity Sewer Installation and Lift
Station Demolition, Ocean Hill Dr.
project.
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1,7 roc. .
Council/Agency Meeting Held: klaoll
Deferred/Continued to: --�
'-Appr ed ❑ Conditionally Approved ❑ Denied ', City erk' ignatu
Council Meeting Date: October 17, 2011 Department Number: CA 11-010
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Receive and File the City Attorney's Quarterly Report - 2nd Qtr 2011
Statement of Issue: Receive and file the City Attorney's Quarterly Report for April 1,
2011, through June 30, 2011.
Financial Impact: Not Applicable.
Recommended Action: Motion to:
Receive and file the City Attorney's Quarterly Report for April 1, 2011, through June 30,
2011.
Alternative Action(s): To not receive and file the City Attorney's Quarterly Report for April
1, 2011, through June 30, 2011.
HB -23- Item 3. - I
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/17/2011 DEPARTMENT ID NUMBER: CA 11-010
Analysis: Not Applicable.
Environmental Status: Not Applicable.
Strategic Plan Goal: Improve Internal and External Communication
Attachment(s):
1. City Attorne 's Quarterly Report for April 1, 2011, through June 30, 2011
Item 3. - 2 HB -24-
ATTACHMENT # 1
iib -25- Fein 3. - 3
City Attorney's Quarterly Report
This report reflects the activities of the City Attorney's Office for April 1, 2011 through
June 30, 2011,
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 projects for the Administration Division include-
* Provided city-wide training entitled, "AB 1234 — Ethics Training
® Prepared and arranged 15 Civil Citation Hearings for City's hearing
officer.
Advisory Division
The Advisory Division, comprised of three attorneys, 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.
2nd Quarter 2011 Summary
135 Priority matters completed
70% Priority matters completed within 30 days
117 New RLSs received
-priority)
Additionally, staff made 8 appearances in West Municipal Court on various Municipal
Code violation cases and provided on-going advice related to the following'.
Harmony Cove Project Atlanta Widening Project
Beach Promenade Project Affordable Housing Program
Implementation
07-1059/68765
Item 3. - 4 HB -26-
REQUESTS COMPLETED BY (MATTER TYPE (April — June 2011)
Advice Public Labor
Memos Documents Records& Criminal Resolutions Agreement
Total & &Contracts Citizen Pitchess& & Projects Negotiations,
Opinions inquiry Hearings Ordinances Grievances&
Requests Investigations
Total 135 6 57 1 11 29. 1 0
Administration 7 3 3 1
City Attorney 5 1 2 1 1
City Clerk 0
City Treasurer 0
Community Services 8 4 4
Econ,Development 52 2 44 2 4
Finance 8 4 3 1
Fire 5 1 3 1
Human Resources 5 1 2 2
Information Services 0
Library 3 3 _
Planning&Building 4 2 2
Police 14 2 4 8
Public Works 24 12 L 2 1 8 2
Significant projects for the Advisory Division include:
1. Annexation of Sunset Beach.
2. Waterfront Hilton Lease.
3. Clear Wire Cell Site License on Main Promenade Parking Structure.
4. Harold Butler Enterprises Ground Lease for Portion of Denny's Parking
Lot.
5. Lease with Cathy May's Restaurant for Breakfast,in the Park Site.
6, Pierside Pavillion LC OPA.
7. Hilton Waterfront/ Hyatt Expansion.
8. Supplemental Retirement and Retiree Medical Plans.
9. Central Net Agreement and Release of Liability.
10. Issues regarding First Christian Church.
07-1054/69765 2
HB -27- Item 3. - 5
11. Utility Agreements with Caltrans for Beach Boulevard Resurfacing.
12- OCTA MOU for Magnolia Street Signal Coordination.
13. Council, Board, and Commission Members (Brown Act).
Litigation Division
The Litigation Division, comprised of three attorneys, handles all civil matters on behalf of
the City and its employees and officials. Ninety-five percent (95%) of the 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 handled 56 active cases during the first quarter. The City was
served with eight (8) new cases this quarter. The charts below identify the types of cases
and the potential liability exposure of these cases.
Active Litigation Cases
_ _._
Redevelopment
(Vi1sCtz01tir'fC'ot1S
14%
Land VSe .j D hg' e.rous
� 25° Condition-
Gctvcrnntent mpfbyaEte� t Debt Recovery
AYE d4 4
Miscellaneous Includes; Automobile,Breach of Contract,&Criminal ProsecutloA
07-I OSI)/6R76S 3
Item 3. - 6 xB -28-
POTENTIAL LIABILITY OF PENDING CASES
Reserves under 550,000 L Reserves over $50,000
12
4
2
0��� taL� .aor`y `�,°� am` �`°C °Jed �2��
Cow : ���°SQLJ a ` �Q�o� °y�i� �-�ca �Je`o4 The Litigation Division settled the following cases with no monies paid to the
plaintiffs:
1. Enforcement of Affordability Covenant at Brisas del Mar, Unit B-22.
2. After arresting plaintiff in his van, officers left the van unlocked. As a
result of this, plaintiffs van was ransacked by unknown third parties.
The Litigation Division recovered monies on behalf of the City from the following
case-
1. Claim for recovery of worker's compensation benefits paid to employee
who was rear-ended while on City business, traveling in his private
vehicle.
07.1059/68765 4
HH -29- Item 3. - 7
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CIVIL LITIGATION Matters CASESACTIVE
Area of law conta Ins'civil' and Matter ID not contain '.'and Court No not
contain'not' an status sopen
Plaintiffs Defendants Case No. Cam Summary Case Status
Anastesi, Kevin City, Ofcr Smith, Otr 30-2011-00467815 Plaintiff claims wrongful arrest, City procesing with taking Plaintiffs
Turner injuries, and costs incurred In deposition.
defense of criminal charges filed
against him by the police as a result
of his arrest on 4/24/09.
Barber, Michael and City 30-2011-00458720 Plaintiff, a minor, tripped and fell In a Complaint was served on 6/2/11. Hearing
Zakary hole in the sidewalk near Talbert on City's Demurrer is on 10/7/11.
Middle School(9101 Brabham Dr.)
Bolsa Chlca Land Trust City of Huntington Beach 30-2010-00398306 Petition for Writ of Mandate No briefing schedule or trial date has been
requesting Court to block the Ridge set. On 4/11/11, Court stayed action until
x Housing Project from development Coastal Commission action. A Status
b� and vacate the Mitigated Negative Conference is set for 1/4/12.
Declaration (MND) and force City to
prepare an Envirormental Impact
Report (EIR).
Califomis Regional Water City of Huntington Beach R8-2010-0004 Sewage discharged from the Oak Settlement documentation needs to be
Quality Control Board View Branch Library to the City's finalized.
street and storm drain system.
9/22/2011 10:41:13 Page: 1
CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains'civll' and Matter ID not contain '.' and Court No not
contain 'not' and status Isopen
Plaintiffs Defendants Cass No. Cam Summary Case Status
Citizen's Association of Orange County Local 30-2010-00431832 Writ of Mandate filed by Sunset Verified Petition for Writ of Mandate filed
Sunset Beach Agency Foundation, City of Beach residents to enjoin the Orange 12/9/10. Application for Preliminary
HB County Local Agency Formation Injunction set for 1/7/11.
Commission from taking further
action on the City's annexation of
Sunset Beach, and to enjoin the City
from annexing Sunset Beach unless
there is a favorable vote by the
residenst under Prop, 216 re approval
of special taxes,
City Martin, at al. 30-2009-00333445 Enforcement of Affordability Covenant Case settled and closed.
at Brisas del Mar, Unit D42.
30-2008-00073768 Lawsuit brought to enforce Affordable Status Conference and Mandatory
City & Redevelopment Hayes, at al. Housing Covenant at Brisas del Mar, Settlement Conference set for 9/30/11 as to
Agency located at 409 E. Utica. This suit Unit B-14. Trial set for 11/28/11.
concerns Units B-14, D-33 and D41,
and is related to City v. Larralde,
concerning Unit C-27,
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CIVIL LITIGATION Matters CASE - ACTIVE
Area of law contains'civll' and Matter ID not contain '.' and Court No not
p contain not' ana status Isopen
Plaintiffs Defendants Case No. Case Summary Casa Status
City of Huntington Beach Menaldi, Dominic 09WM03617 Defendant has made illegal Sentencing for Mr. Menaidi set for 10/22/10.
alterations to the block wall along
side of his property at 9001
Bermuda.
City of Huntington Beach Lee, Shon, at al. 30-2009-00329477 Enforcement of Affordability Covenant Delaware II is a suspended corporation, and
at Brisas del Mar, Unit B-13. the City Is seeking a default prove-up
hearing to obtain reformation. Deposition of
principal parties completed. Status
Conference set for 10/11/11, Trial set for
3/8/12.
City of Huntington Beach Fidencio Alvarez et.al, 07CCO2215 City condemning right-of-way to Trial set for 10/3/11.
widen Garfield near its Intersection
with Delaware.
N
City of Los Angeles Hotels.Com, at al. BC326693 Online sellers of hotel rooms Council approved the retainer agreement on
allegedly failed to pay the full 11/17/08. Outside counsel Is appealing
transient occupancy taxes to cities adverse ruling In City of Anaheim case.
on these transactions.
9/221201110:41:14 Page; 3
CIVIL LITIGATION afters CASES ® ACTIVE
Area of law contains'civll' and (Matter ID not contain '.' and Court No not
contain not and status Isopen
Plaintif s Defendants Casa No. Casa Summary Casa Status
Cranford, Denise Catherine City of Huntington Beach, 30-2008 City employee alleges failure to Through a pretrial motion, the City
et al. 00106397 prevent harassment, Invasion of eliminated the harrassment and retaliation
privacy, harassment-hostile work claims. The trial was conducted from
environment and disclosure of 1/26/10 to 2112110, and Jury found in favor of
confidential medical information. the City.
Notice of Appeal filed. Plaintlfrs opening
brief filed on 1/24/11 and City filed
opposition appellate brief on 7/14/11.
Crystal Island Community Huntington Beach Union 06CC01729 Crystal Island HOA brought a quiet Judgment entered 5/28/09. The remaining
Association School District, at al, title action to determine whether the issues are between the Association and the
public, including Huntington Beach District, not the City. The District has
High, may use Veladare Circle. appealed.
City of Huntington Beach, 30-2009 Passenger in vehicle collision alleges Plaintiff settled with other driver and applied
Doan, Jennifer
w City
al 00119973 dangerous condition. for a good faith settlement. Trial set for
w 10/24/11
9/22/2011 10:41:15 Page: 4
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Area of law contains'civil' and Matter ID not contain '.' and Court No not
tv contain 'not and status Is open
Plaintiffs Defendants Case No. Cans Summary Carve Status
Duke, Eugene Grant Duke USA, City of Huntington SACV10-00010 Plaintiff lost control and fell off his Plaintiffs deposition Is set for 9/1/11.
Beach CJC (MLGx) bicycle when wheel became lodged Pretrial Conference set for 3/12/12. Trial set
in mats that had separated at a for 3/20/12.
railroad crossing at Springdale and
Briarcliff. There is a dispute
regarding whether the City or the
United States is responsible for the
crossing. Both the City and the
United States have easements
across the tracks.
Gallardo, Emma, a Minor Playword Systems, Inc., 30-2010-00427186 Minor fell off money bars on On 2/25/11, the insurer(Peerless Insurance
Explorer Insurance, CHB playground at Boise View Park, 5748 Company)for City's park maintenance
Brighton Drive, and fractured her left contractor(Spectrum Care Landscape)
arm and chipped her tooth. Lawsuit accepted the City's defense and
claims the City failed to maintain the Indemnification. Insurer also defending the
playground, creating a a dangerous City in Playworid's cross-complaint against
condition. City, Law firm of Yoke &Smith is
W defending. City. City has answered and
discovery is ongoing,
30-2011-00477467 Personal Injury and Wrongful Death Demurrer scheduled to be heard on 8/31111.
Gould, Rob/Renee & Caceres, City action inwlving pedestrians stuck In
Chuntz, Jacob/Daisy a crosswalk on Springdale Ave,
Plaintiffs claim said location was a
dangerous condition of public
property.
9/22/2011 10:41:15 Page: 5
CIVIL LITIGATION Matters CASES - ACTIVE
Area of law conta Ins;'civll' and Matter ID not contain '.' and Court No not
contain not' and status Is open
Case Summary
Plaintiffs Defendants Case No. Case Status
Griffin Dewatering Dorsey Dean Allison 30-2010-00344707 Subcontractor claims that contractor City was dismissed from this case.
Corporation breached the contract by not Subsequently, however, this case was
providing payment for labor and consolidated with two related actions (one in
materials for worked performed on which City is a defendant)and this case
the Newland Street Improvement was designated as the lead case.
Plan. Mandatory Settlement Conference is on
4/13/12 and trial is on 5/7/12.
HB Auto I, I-I-C Redevelopment Agency of 30-2011-00485047 Breach of contract action regarding Written discovery has commenced. CMC
the City of Huntington the Revelopment Agency's purchase set for 10/18/11.
Beach of 7872 Edinger Avenue, and failure
to complete remediation.
�r, Hillcrest Contracting, Inc. City of Huntington Beach 30-2011-00441151 Contractor claims the City breached City filed answer and cross-complaint
its contract by not providing payment against contractor(Hillcrest Contracting).
for labor and materials for worked Case was consolidated with two related
v performed on the Newland Street actions brought by subcontractors with
Improvement Plan. Case No. 30-2011-00344707 as lead case.
Mandatory Settlement Conference Is on
4/13/12 and trial Is on 5/7/12.
9/22/2011 10:41:18 Page: 8
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Area of law contains'civil'and Matter ID not contain Y and Court No not
-p, contain not and status Is open
Plaintlffs Defendants Case No. Case Summary Case Status
Huntington Beach City of Huntington Beach, 30-2009 This suit concerns a challenge to the Trial held on 3/17/11 and Court issued
Neighbors, at al. at al. 00325686 legal adequacy of the Environmental ordering denying writ on 5/5/11. Judgment
Impact Report prepared for the was entered on 8/27/11, Petitioner has until
amendment to the Downtown 8/29/11 to file an appeal.
Specific Plan.
Ismail, Nlwen City of Huntington Beach, SACV 10-00901 Plaintiff alleging civil rights violatlon City's Motion to Dismiss has been under
at al. VBF (AJW) submission since 11/10.
JS Stadium, at al. City of Huntington Beach 30-2011-00463996 Huntington Shorecliffs Mobilehome City field Answer to First Amended
(Huntington Shorecliffs Park residents claim for damages Complaint on 9/9/11. CIVIC is on 10/3/11.
x Mobile Home Park resulting from the City's drainage
system flooding in the Park.
rn
Kanow City of Huntington Beach 30-2010 Plantiff tripped over fire pit that was Plaintiffs Request for Dismissal of City only
00403450 obscured with sand. without prejudice was entered on 5/31/11.
Case closed.
9/22/2011 10:41:16 Page: 7
CIVIL LITIGATION attars CASES - ACTIVE
Area of law contalns'clvil'and Matter ID not contain V and Court No not
contain not' and status Is open
Case Summary
Plaintiffs Defendants Case No. Case Status
Kennspohl, Larry, at al. City of Huntington Beach 30-2010-00395316 Plaintiffs allege City's failure to At the 4/29/11 trial, the Court denied
overturn the issuance of the Petitioner's writ of mandate. Judgment was
Conditional Use Permit for an entered on 7/11/11.
express car wash.
MCP Industries Inc. Vadnais Corporation, City 30-2008 City is suing the contractor, Vadnais, Mediation conducted on 8/29& 8/30/11.
of Huntington Beach, at al, 00113320 for breach of contract fior faiiling to Status Conference set for 9/26/11. Trial set
install the Warner Avenue Gravity for 2/27/12.
Sewer line.
Neighborhoods for Safety City(Brethren Christian 30-2009-00277650 CEQA challenge to the Negative At the 3/4/11 settlement conference, the
& Quality High School) Declaration issued to expansion of Court vacated the briefing schedule and trial
x Brethren Christian High School, date and set an OSC re Dismissal hearing,
which was continued to 7/26/11, On 7/8/11,
the case was dismissed without prejudice.
Case closed,
Newman, Anita J. City of Huntington Beach, 30-2010-00405528 Bicyclist hit by a parking control gate City flied answers to First Amended
at al. near the Huntington Beach Lifeguard Complaint and Orange County s
Headquarters. Cross-Complaint and filed a
Cross-Complaint against Amano McGann
on 7/20/11. MSC is on 9/30/11 at 8:30 a.m,
Trial is on 11/7/11 at 9:30 a.m.
9/22/2011 10:41:17 Page: 8
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CIVIL LITIGATION afters CASES - ACTIVE
Area of law contalns'clvll' and Matter ID not contain '.' and Court No not
conta n 'not' and status Is open
Plaintiffs Defendants Case No. Case Summary Case Status
NextG Networks City of Huntington Beach A.09-03-007; NextG filed an application with the City's Reply to CPUC and NextG's Answer
Appeal G044796 CPUC to install a cellular antennas to Petition due 9/12 and 9/13/11.
in the right-of-way, primarily on
existing utility poles. The City is
contesting whether State law permits
NextG to use the right-of-way, and
whether the project complies with the
City Undergrounding Oridinance.
NextG Networks of City of Huntington Beach, 30-2009-00119646; State Complaint alleges City's Trial stayed pending resolution of CPUC
California, Inc. California G045030 c/w "Wireless Permit Ordinance" Appeal. City has filed an Petition for
G044796 requirements are unlawful and Appellate review, which has not been acted
prohibits Plaintiffs from providing upon. Status Conference set for 11/18/11.
telecommunications services to its
customers.
S Omnlpoint City of Huntington Beach CV09-3777 RGK T Mobile has filed suit enjoin the City Judgement in favor of T-Mobile regarding
W Communications, Inc. (SSx); 10-56877 from applying Measure C to the Measure C granted.
(T Mobile 1) proposed antennas at 16600
Saybrook Lane in Harbour View Park City has appealed and T-Mobile has
and at 5741 Brighton Drive In Boise cross-appealed. City's Opening Brief and
View Park. T-Mobile Cross-Appeal Brief field. Court has
stayed the briefing pending settlement.
Status Conference set for 10/7111.
9/22/2011 10:41:18 Page: 9
CIVIL LITIGATION Matters CASE ACTIVE
Area of law contalns'civil'and Matter ID not contain Y and Court No not
contain 'not' and status Is open
Plaintiffs Defendants Case No. Case Summary Case Status
Pacific Mobile Home Park City (Subdivision) 30-2011-00497884 Pacific Mobile Home Park has flied a Writ of Mandate send on City on 8/29/11.
writ of mandate challenging the City's Response including Cross-Complaint for
denial of Tentative Tract Map No, ejectment due 9/28/11.
17397 and CDP No. 10-017, to
subdivide an existing for-rent mobile
home perk of 252 units for ownership
purposes.
Pacific Mobilehome Park, City of Huntington Beach 30-2011-00449749 Pacific Mobilehome Park challenges Petitioner's Opening Brief due 9/6/11.
LLC the City's adopton of of a mitigated City's Opposition Brief due 10/17/11.
negatia declaration under CEQA for Petitioners Reply Brief due 11/14/11.
the Atlanta Avenue Widening Hearing on Petition 12118/11.
Project.
Paholski, Jack and Reed, City of Huntington Beach 30-2009-00124476 Plaintiff, two police officers, The Court ruled in favor of the officers on
Z Brandon challenge discipline imposed against 1/19/10, although it has not yet issued a
them on the ground that It is formal order.
w time-barred pursuant to Government
Code Sec. 3304(d),
Parks Legal Defense City of Huntington Beach, 30-2008-00051261 A public interest advocacy On 12/13/10, Court of Appeal issued opinion
Fund, et al. et al, organization alleges that City violated In merits appeal. On 7/12/11, trial court
CEQA, City Charter Section 812 closed case.
(Measure C), and City's General Plan
in approving Senior Center.
9/22/2011 10:41:18 Page: 10
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' Area of law contalns'civll' and Matter ID not contain '.' and Court No not
contain'not'ana status Is open
Plaintiffs Defendants Case No. Casa Summary Case Statue
Portadam Hillcrest Contracting, et al. 30-2010-00405745 Subcontractor claims that contractor Stop notices issued, but Complaint has not
breached the contract by not been served on City.
providing payment for labor and
materials for worked perlbrmed on
the Newland Street Improvement
Plan,
Puszert, Carol City of Huntington Beach 30-2011-00467413 Plaintiff tripped and fell over a cement City filed Answer to First Amended
parking block at Murdy Recreation Complaint on 7/20/11. A Case Management
Center. Conference is on 9-30-11.
Randall, Jill County of Orange 30-2011-00457117 Plaintlff claims civil rights violations City anticipates moving for summary
against Orange County and the City Judgment.
in connection with the County's
investigation and removal of Plaintiffs
4-year-old son from her custody.
o The Clty's involvment Is limited to
assistance provided to County Social
Services personnel In the removal of
Plaintiffs son from her residence.
9/22/2011 10:41:19 Page: 11
CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains'civil'and Matter ID not contaln '.' and Court No not
contain'not' and status Is open
Plaintiffs Defendants Case No. Cass Summary Case Status
Richmond, Dempsey Blu D.P. Mangan, Inc., City 30-2011-00485319 Plaintiff tripped and fell into an open Complaint was served 8/8/11. On 8/26/11,
trench in a construction area on contractor's insurer(Liberty Mutual)
Second Street near Olive Street in accepted the City's defense and
downtown HB, indemnification. Law Arm of Hales & Muhar
is defending the City. City's response is due
9/7/11.
Roberts, Shannon City 30-2009 Plaintiffs allege that City employees Roberts'motion to stay discovery as to him
00323224 conspired with Plaintiffs husband, only during pendency of criminal prosecution
also a City employee, to cover up was granted. No trial date. Plaintiffs
husband's physical abuse of deposition set for 8/12/11.
Plaintiffs.
Sager, Merrie City 30-2011-00498362 Plaintiff is a former Library Clerk Complaint was served on 8/10/11. City's
employee who claims discrimination, response is due on 9/23/11.
x failure to accommodate her
disabilities of deafness and cerebral
palsy, and wrongful termination.
Sanchez, Leticia Clty of Huntington Beach 30-2010 Trip and fall on sidewalk near Main City has just recently answered; written
00423471 Street and Pacific Coast Highway. discovery propounded. Trial is set on
12/5/11.
9/22/2011 10:41:20 Page: 12
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NArea of law contalns'civll'and Matter ID not contain '.'and Court No not
contain'not'and status Is open
Plaintiffs Defendants Case No. Case Summary Case Status
Sipple/New Cingular City of Huntington Beach BC462270 Class action lawsuit to recover Complaint served on 6128/11. The Los
Wireless intemet taxes paid by New Cingular Angeles Superior Court has stayed case
Wireless. until the continued Initial Status Conference
on 10113/11.
Sosa, Miranda City and Eisele, Greg 30-2011-004569159 Plaintiff struck by left front tire of a Discovery ongoing, including obtaining
lifeguard truck while laying in the medical records.
sand.
Squirrell, Richard&Pam City of Huntington Beach 30-2010 Junior Life Guard incident of July 14, CMC set for 8/29/11. Plaintiffs'depositions
00355328; 2009, resulted in the death of minor occurred on 7/15/11, Second mediation
00403512 & participant. occurred on 8/15/11,
Cd 00406621
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Sunesys, LLC City of Huntington Beach 30-2009-00323543 Sunesys is challenging the City's Case stayed until conclusion of related
authority to require that a fiber optic NextG case. Status Conference set for
communication network between the 10117/11.
schools and buildings of the Fountain
Valley School District be
undergrounded.
9/22/2011 10:41:20 Page: 13
CIVIL LITIGATION Matters CASES o ACTIVE
Area of law contains'civll'and Matter ID not contain '.'and Court No not
contain 'not' and status Isopen
Plaintiffs Defendants Case No. Case Summary Case Status
T Mobile West (T Mobile II) City of Huntington Beach CV10-1471-RGK T Mobile has filed suit to reverse the Pretrial Conference set for 11/28/11 Trial set
(SSx) Council decisioin revoking the land for 12/6111.
use permits to install mobile
telephone Install antennas at 16600
Saybrook Lane in Harbour View Park
and at 5741 Brighton Drive In Bolsa
View Park.
CV 10-2835 The City denied approval of Administrative Record was filed on 12/13/10.
at T Mobile West Corporation City of Huntington Beach, CAS(Ex) T Mobile's permit to install antennas Plaintiff dismissed its first claim for
al' at 6866 Hell Avenue belonging to the substantial evidence. Pre-trial conference is
Community United Methodist Church on 6/4/12. Trial is on 8/26/12.
of Huntington Beach.
United States JM Manufacturing Company EDCV 06-0055 Class action suit regarding sale of The case has been held under seal since
Inc. SGL(C.D. CA) substandard water pipes. filing, so that the California AG could
determine whether to intervene. The AG
.1 determined in 11/09 to not Intervene, and the
w seal should come off shortly.
The City has chosen not to Intervene, and
consequently, Plaintiffs counsel to
represent the City if the action proceeds.
9/22/201110:41:21 Page' 14
N
E
W
N
CD
W CIVIL LITIGATION Matters CASES - ACTIVE
' Area of law contains'civll' and Matter ID not contain V and Court No not
N contain not' and status Is open
N
plaintiffs Defendante Case No. Case summary Came Status
Waldowski City, AVID Pro Beach 30-2011-00437862 Volleyball player was injured during a On 3116/11, AVP's insurer(Travelers
Volleyball tournament when she dove into a Insurance) accepted the City's defense and
piece of lumber in the sand. indemnification. Law firm of Osman &
Associates is defending the City. The
mediation completion date is on 9/2/11. the
Mandatory Settlement Conference is on
1/9/12, and trial is on 2/14/12,
Walker, Robert T. Fluss, City 30-2011-00486324 Plaintiff was involved In automobile City and employee Fluss filed Answer and
accident with a City vehicle at the City filed Cross-Complaint against Plaintiff
intersection of Edinger and Gothard. on 8/25/11. CMG is on 9/26111.
West, Sarah City of Huntington Beach, 30-2009 Automobile accident involving a Request for dismissal with prejudice was
et al. 00268854 police vehicle. entered on 4/6/11. Case closed.
b�
41
Williams, Lisa, st al. City of Huntington Beach, 30-2010-00390306 Minors sustained injuries from State Plaintiffs Request for Dismissal of City only
at al. beach fire pits. without prejudice was entered on 4/19/11.
Case closed.
9/22/2011 10:41:22 Page: 16
CIVIL LITIGATION Matters CASES - ACTIVE
Area of law contains'civil' and Matter ID not contain V and Court No not
contaln 'not'andstatus Isopen
Plaintiffs Defendants Case No. Case Summary Case Status
Wilson, Deanna, et al. City of Huntington Beach, 30-2009 Claim for dangerous condition and Written discovery ongoing and depositions
at al. 00318053 wrongful death arising out of the are being set. State and County have
6/27/09 incident. motions for summary judgment set for
8/10/11.
Trial set for 9112/11.
Yee, Maria L, Trustee of of City of Huntington Beach, 30-2011-00450408 Plaintiff, owner of La Bella Plaza, City answered petition on 4/11/11. Hearing
the Yee Trust at al. 19400 Beach Blvd., seeks to compel on attomeys'fees is on 9/27/11.
the City to respond to a Public
Records Act request regarding the
City's Gravity Sewer Installation and
Lift Station Demolition, Ocean Hill
Dr. project(Adams/Beach Lift
Station).
Yee, Maria L, Trustee of of City of Huntington Beach, 30-2011-00453370 Plaintiff, owner of La Bella Plaza, City filed answer to complaint and filed
x the Yee Trust at al. 19400 Beach Blvd., seeks to enjoin cross-complaint against contractor(Garcia
use of Plaintiffs parking lot as a Juarez Construction)on 5/31/11. MSC is on
construction yard for the City's 213/12 and trial is on 315/12.
Gravity Sewer Installation and Lift
Station Demolition, Ocean Hill Dr.
project.
9/22/2011 10:41:22 Page: 16
CD
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W
Council/Agency Meeting Held:_ 0//
Deferred/Continued to:
)CL,Appr ed ❑ Conditionally Approved ❑ Deniedn Sitiery§ Signa re
Council Meeting Date: August 1, 2011 Department ID Number: CA 11-006
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Receive and File the City Attorney's Quarterly Report - 1st Qtr 2011
Statement of Issue: Receive and file the City Attorney's Quarterly Report for January 1,
2011, through March 31, 2011.
Financial Impact: Not Applicable.
Recommended Action: Motion to:
Receive and file the City Attorney's Quarterly Report for January 1, 2011, through March 31,
2011.
Alternative Action(s): To not receive and file the City Attorney's Quarterly Report for
January 1, 2011, through March 31, 2011.
HB -69- Item 4. - I
REQUEST FOR COUNCIL ACTION
MEETING DATE: 8/01/2011 DEPARTMENT ID NUMBER: CA 11-006
Analysis: Not Applicable.
Environmental Status: Not Applicable.
Strategic Plan Goal: Improve Internal and External Communication
Attachment(s):
• D - o ton
City Attorney's Quarterly Report for January 1, 2011, through
March 31, 2011
Item 4. - 2 xB -70-
ATTACHMENT # 1
City Attorney's Quarterly Report
This report reflects the activities of the City Attorney's Office for January 1, 2011 through
March 31, 2011.
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 projects for the Administration Division include:
® Provided city-wide training entitled: "Form 700 Training"
"AB 1234 — Ethics Training
® Prepared and arranged 14 Civil Citation Hearings for City's hearing
officer.
Advisory Division
The Advisory Division, comprised of three attorneys, 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.
1 st Quarter 2011 Summary
108 Priority matters completed
78% Priority matters completed within 30 days
135 New RLSs received
107 Outstanding RLSs 83 priority/24 non priority)
Additionally, staff made 15 appearances in West Municipal Court on various Municipal
Code violation cases and provided on-going advice related to the following:
Home Depot/Expo Design Bella Terra Phase II OPA
First Christian Church Appeal
07-1059 J 66210 1
Item 4. - 4 xB -72-
REQUESTS COMPLETED BY MATTER TYPE (January—March 2011)
Advice Public Labor
Memos Document Records& Criminal Resolutions Agreement
Total & s& Citizen Pitchess& & Projects Negotiations,
Opinions Contracts Inquiry Hearings Ordinances Grievances&
Requests Investiciations
Total 105 6 57 1 11 29 1 0
Administration 2 0 1 0 0 1 0 0
City Aft orne 10 1 5 1 1 2 0 0
Cit Clerk 0 0 0 0 0 0 0 0
City Treasurer, 3 0 1 0 0 2 0 0
Community Services 4 0 2 0 0 2 0 0
Econ.Development 25 2 20 0 0 1 2 0
Finance 4 1 1 0 0 1 0 1
Fire 5 1 3 0 0 1 0 1 0
Hainan Resources 6 2 3 0 0 1 0 0
information Services 0 0 0 0 0 0 0 0
Library 2 1 0 0 0 1 0 0
Planning&Buildin 9 1 3 0 0 4 1 0
Police 13 2 3 0 5 3 0 0
PLblic Works 27 1 16 0 0 9 0 1
Significant projects for the Advisory Division include:
1. Drafted Reimbursement Agreement with PCTA for Staff Costs.
2. Prepared Resolutions transferring Real Property and Other Assets from
Agency to City.
3. Prepared Zambeili Fireworks Contract for 2011 4th of July Fireworks Show.
4. Amended MOU with Friends of Junior Lifeguards.
5. Prepared HPRP Collaborative Agreement for Homeless Management
Information Sustem.
6. Prepared Old Pipeline Franchise Agreement with Paramount Petroleum.
7. Approved Bella Terra Phase II OPA.
8. Prepared Urban Area Security Initiative 2010 Grant.
9. Created Reciprocal Parking Easement Agreement with Colette's Children's
Home.
07-1059/66210 2
HB -73- Item 4. - 5
10. Reviewed Beach Promenade Parcel Map —Tract 2009-122.
11. Prepared Pacific Shores (Blue Canvas) Affordable Housing.
12. Prepared Entitlement Documents for the Ridge Project.
13. Amended Chapter 233 regarding Political Signs.
14. Prepared Resolution for Conditional Use Permit for Eating/Drinking
Establishments.
15. Prepared Ordinance for the Regulation of Street Performers.
16. Prepared Resolution for Fees for Jail Pay to Stay Program.
17. Reviewed Little Shell Wetlands CCRs.
18. Approved MWDOC Member Agency Agreement.
19. Approved OC Flood License for Slater Pump Station.
20. Approved Street Rehabilitation Reimbursement Agreement with
Westminster.
21. Prepared Agreement with Spectrum Care for Landscape and Irrigation
Maintenance.
22. Prepared Ordinance for Construction and Demolition.
23. Prepared Resolution for Recreational Trials Program Grant Funding.
24. Prepared Resolution for WaterSMART Grant.
Litigation Division
The Litigation Division, comprised of three attorneys, handles all civil matters on behalf of
the City and its employees and officials. Ninety-five percent (95%) of the 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 handled 54 active cases during the first quarter. The City was
served with ten (10) new cases this quarter. The charts below identify the types of cases
and the potential liability exposure of these cases.
07-1059/66210 3
Item 4. - 6 xB -74-
Active Litigation Cases
Civil Rights
7%
Redevelopment
7%
Land Use
s:
Government Employment Debt Recovery
4% 2% 2%
Miscellaneous includes: Automobile,Breach of Contract,&Criminal Prosecution
POTENTIAL LIABILITY OF PENDING CASES
®Reserves under$50,000 ®Reserves over$50,000
10
9
7
6
5
4
3
2
1too
0
P r°
ear Ica Rio O �e
The Litigation Division settled the following cases with no monies paid to the
plaintiffs:
1. Various police agencies conducted a raid on a residence.
07-1059/66210 4
xs -75- Item 4. - 7
2. Amicus Brief on behalf of League of Cities. This case involves the plans of
a local church to replace its existing facilities on industrially zoned land in
the City of San Leandro. The City refused to rezone the property to permit
religious assembly at the new site.
3. A husband and wife were detained by police and allege false
imprisonment and civil rights violations.
The Litigation Division also settled the following matters:
1. Life Guard with the Junior Life Guard Program, alleges sexual
harassment, retaliation and discrimination.
2. Plaintiff tripped and fell on uneven pavement at Crest Street.
07-1059/66210 5
Item 4. - 8 xB -76-
Council/Agency Meeting Held:_ W20
Deferred/Continued to:
%-Apr S ❑ di ionpll pr�oveed ❑ Denied Cit er ' Signat r
Council Meeting Date: February 22, 2011 Department ID Number: CA 11-001
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: City Attorney's Quarterly Report - 4th Qtr 2010
Statement of Issue: Receive and file the City Attorney's Quarterly Report for October 1,
2010, through December 31, 2010.
Financial Impact: Not Applicable.
Recommended Action: Motion to:
Receive and file the City Attorney's Quarterly Report for October 1, 2010, through December
31, 2010.
Alternative Action(s): Receive and file the City Attorney's Quarterly Report for October 1,
2010, through December 31, 2010.
Hg -21- Item 2. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 2/22/2011 DEPARTMENT ID NUMBER: CA 11-001
Analysis: Not Applicable.
Environmental Status: Not Applicable.
Strategic Plan Goal: Improve Internal and External Communication
Attachment(s):
® 1)6tcriptiod
1. City Attorne 's Quarterly Report for October 1, 2010, through December 31, 2010
Item 2. - 2 HB - 2-
ATTACHMENT # 1
City Attorney's Quarterly Report
This report reflects the activities of the City Attorney's Office for October 1, 2010 through
December 31, 2010.
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 projects for the Administration Division include:
• Provided city-wide training entitled: "Brown Act Roundtable"
"Planning Commission Workshop"
"Now You've Been Sued"
• Prepared and arranged 45 Civil Citation Hearings for City's hearing
officer.
Advisory Division
The Advisory Division, comprised of three attorneys, 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.
4th Quarter 2010 Summary
103 Priority matters completed
75% Priority matters completed within 30 days
119 New RLSs received
96 Outstanding RLSs 72 priority / 24 nonpriority)
Additionally, staff made 6 appearances in West Municipal Court on various Municipal
Code violation cases and provided on-going advice related to the following:
T-Mobile Clearwire Lease Pierside OPA
Rodgers Senior Center Central Net Training Center
Item 2. - 4 07-1 059/56979 H B -24-
REQUESTS COMPLETED BY MATTER TYPE (October- December 2010)
Advice Public Labor
Document Records& Criminal Resolutions Agreement
Total Me&°S s& Citizen . Pitchess& &; Projects ` Negotiatrons.^'
Contracts Irquiry Hearings Ordinances Grievances.&
Opinions .
3'=Requests '. Investigations,;
Total 105 6; 57 1':;. 11 29 1 • 0
Administration; 9 0' 6 0 0 3. 0 0
t Cit"°p,ttorne ''..:; 6 0: 5 - 0.., :_ 0 1. _; 0 0 `
.cityClerk 3 0 0 0 0 0 0
M 1":E rat S L d 0 y
:Cit .Treasurer:' 5 0,• 3 0 0 2. _. 0 ;
Commumt ;°Services 5 1 "" 3 0 0 1 =:. . 0 ,0
Edon,'Develop"meet 20 2 13 0, . 0 4F 1 0 s, :
Finance 3 0, 2 0, 0 1 0 0
6 s 1.`> 5 r 0 0 0 00 .p:
Human°Resources 7 0' 2 0, 0 5 0 0
oririation Services 3 1` " 2 0'` 0 0 ,, 0 0,
Librar :," 0 0 0 0 r., 0 0 0 �.0
Plannin` &Buldiri 5 .0 1 Q 1 3 0 � ^;
Police 18 "-1 5 .0 10 2 0 '0
Publ c Works l 15 0' 10 1, 0 4 °.: 0 RO , A"
Significant projects for the Advisory Division include:
1. Advised staff on several legal issues relating to Central Net Training Center
and membership of JPA.
2. Advised staff of legality of posting identifying information for DUI arrestees
on Police Department Facebook and Twitter sites.
3. Reviewed Statement of Investment Policy for FY10/11 .
4. Reviewed and approved MOU with OCTA for traffic signal synchronization
on Brookhurst.
5. Advised staff regarding ground lease for Vans Skate Park on Center Avenue
parcel.
6. Reviewed and approved MOU with Anaheim for countywide DUI grant
campaign.
7. Advised staff regarding Huntington Beach Community Garden.
07-1059/56979 HB -25- Item 2. - 5
8. Prepared MOU with Sunset Beach Community Organization regarding
annexation.
9. Created new 1 year Maintenance Bond form.
10. Prepared amendment to regulations regarding 4th dog ownership — definition
of a Kennel.
11. Election results for November 2010 Election.
12. Prepared Resolution for Redevelopment Survey Project.
Litigation Division
The Litigation Division, comprised of three attorneys, handles all civil matters on behalf of
the City and its employees and officials. Ninety-five percent (95%) of the 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 handled 45 active cases during the fourth quarter. The City was
served with ten (6) new cases this quarter. The charts below identify the types of cases
and the potential liability exposure of these cases.
Active Litigation Cases
... ...................._.._.........................._........................_.......................
Miscellaneous
7%
Redevelopment Construction
'3% 11%
y 1
Lancl Use
,2:7%NW
k
Government Debt Recovery
°/4 Employment �
7% 4/o
Miscellaneous includes: Automobile, Breach of Contract,&Criminal Prosecution
Item 2. - 6 07-1059/56979 NB -26-
M POTENTIAL LIABILITY OF PENDING CASES
Reserves under$50,000 0 Reserves over$50,000
1
E
6
5
Z:
i 4
3
1
0op
tea ° a
AP
ec� N park
3
The Litigation Division settled the following cases with no monies paid to the
plaintiffs:
1. Plaintiff alleges City is violating his constitutional rights by ordering him to
remove all "overgrown vegetation" from his front yard and rubbish from his
back yard.
2. Amicus Brief on behalf of League of Cities. This case involves the plans of
a local church to replace its existing facilities on industrially zoned land in
the City of San Leandro. The City refused to rezone the property to permit
religious assembly at the new site.
3. Plaintiff was injured during lifeguard helicopter jump training at Bolsa
Chica State Beach.
4. Automobile accident claiming comparative relief for alleged traffic light
malfunction.
The Litigation Division recovered monies on behalf of the City from the following
case:
Claim for recovery of worker's compensation benefits paid to Fire Captain Keith
Bateman who was rear-ended while on City business, traveling in his private
vehicle.
07-1059/56979 H B -27- Item 2. - 7