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Home My WebLink About2007 Annual Report - Office of the City Attorney Council/Agency Meeting Held: 0 Deferred/Continued to: I Appr ved ❑ Conditionally Approved ❑ Denied S/ City lei-WoKSignaVe Council Meeting Date: 4/21/2008 Department ID Number: CA 08-06 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: MAYOR AND COU LMEMBERS SUBMITTED BY: JENNIFER McGRA ty Attorney PREPARED BY: JENNIFER McGRA C ty Attorney SUBJECT: Receive and File City Attorney's Office 2007 Annual 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 Office 2007 Annual Report. Funding Source: Not Applicable Recommended Action: Motion to: Receive and file the City Attorney's Office 2007 Annual Report. Alternative Action(s): Do not receive and file the City Attorney's Office 2007 Annual 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): NumberCity Clerk's Page Description 1. City Attorney's Office 2007 Annual Report In calendar year 2007, the Advisory Division received 638 requests for legal assistance and completed 621 requests. Requests for Legal Services 2007;KRLS„ 4 2006=ELLS W Received 638 Received 618 Closed 621 Closed 515 a 2007 Requests Completed by Matter Types . MRecords& Advice Citizen Criminal01 ,.Memo& Documents& In ✓ui E Pii' li' s& Resolution& q ry tt�... FO pin Conf�acts :h:. Re nests. ... Hearin s " .Ordinance Pro ects 5 OF Additionally, the Advisory Division provided assistance with labor negotiations, reviewed and prepared 406 documents and contracts, drafted 112 ordinances and resolutions, made 173 appearances on criminal matters, and provided ongoing advice related to the following: • Fire Code revisions • Tax-Exempt financing • Campaign Contributions • Condominium Conversions and Restitution Fund • Application of AB 1597 to Charter Cities • Wireless Facilities Moratorium and code amendments • Affordable Housing • Major development projects within the City including Pacific City, Bella Terra, The Strand, and the proposed Senior Center 7 r Major development projects often need extensive legal assistance and or defense against legal challenges. HIGHLIGHTS The following are the 2007 significant projects for the Advisory Division: 1. As part of the City's ongoing annexation of a portion of the Bolsa Chica mesa, completed an agreement for the Brightwater Pump Station to serve the Hearthside Homes project and prepared a cooperative agreement with LAFCO and the County of Orange. 2. Prepared the revised lease with the Huntington Beach Playhouse for use of the Central Library Theater. 3. Resolved issues raised by Coastal Commission staff relating to the City's request to amend its Local Coastal Plan to allow fractional ownership and condominium hotels within Pacific City and at the third Waterfront hotel. 4. Facilitated City's desire to have the County repair and subsequently maintain Edinger Bridge as a County highway. 8 -{ a b City-sponsored events often require City Attorney contract approval. 5. Worked with Planning and Public Works staff to successfully resolve outstanding issues associated with Bella Terra (Phase 1) in furtherance of map recordation and negotiated the second implementation agreement. 6. Successfully obtained stays of enforcement of court orders to return medical marijuana to a criminal defendant pending the final disposition of two appellate cases deciding the same issue and while the Supreme Court considered possible review of the issue. 7. Actively participated in the meetings of the newly restructured Public Nuisance Task Force. 8. Actively participated on the City's labor negotiation team to successfully negotiate a Memorandum of Understanding with the Fire Management Association, Municipal Employee Association, and Management Employee Organization. 9. Presented the first revisions to Huntington Beach Municipal Code Chapters 1 and 2, including additional revisions to Campaign Contribution Regulations pursuant to City Council direction. 9 10.Assisted Fire Department with establishing a procedure for enforcing the fire sprinkler requirements. 11.Prepared a Sales Tax Sharing = agreement to induce relocation of .., , - seller of petroleum products to Huntington Beach. V 12.Prepared ordinance and resolutions relating to the use of eminent domain rtew within redevelopment project areas. refired Istc :'W! tl� i " 13.Assisted staff in developing the notice and protest procedure for compliance with Proposition 218 regarding water and sewer rates. 14.Prepared regulatory agreements providing for the rehabilitation of affordable housing units using HOME funds. 15.Completed real property acquisition agreements for Heil Avenue Widening and Heil Avenue Pump Station projects. 16.Reviewed initial program documents for East Garden Grove /Wintersburg Channel Urban Runoff Diversion project. 17.Assisted the Planning Department in processing the First Christian Church development application. 18.Advised the Redevelopment Agency and City on issues related to the final map and the proposed Community Facilities District for Pacific City. 19.Advised the Planning Department and Planning Commission on the Medicinal Marijuana Dispensary ordinance. 20.Provided advice relating to the purchase of surplus school sites pursuant to the Naylor Act. 21.Updated Refuse Management Code to comply with State mandates and implemented refuse collector's automated collection program. 22.Prepared grant agreement with Huntington Beach Wetlands Conservancy for mitigation of environmental impacts related to Newland Street Widening project. 10 23.Reviewed and approved regulatory agreements for condominium units included in the Settlement Agreement relating to the converted condominiums. 24.Reviewed and/or approved all regulatory agreements required by entitlement conditions for multiple development projects. 25.Successfully negotiated a settlement with the County and the Huntington Beach City School District wherein the County agreed to design, construct, maintain, and monitor a landfill gas collection system at Edison Community Park to address the methane gas situation. /r L 11 � — Litigation Division ' '` The Litigation Division, comprised of three deputy city attorneys, is supervised by an Assistant City Attorney and handles all civil matters on behalf of the City and its J 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. OVERVIEW A critical element of the City Attorney's legal counsel role is to defend against the lawsuits and claims brought annually against the City. Typical areas of litigation include civil rights, tort, and other damage claims, subrogation, eminent domain, collections, writ, contract, and employment matters and administrative hearings concerning personnel, and labor arbitrations and hearings. SIGNIFICANT SAVINGS TO CITY Since 2002, the Litigation Division decreased the City's reliance on outside litigation attorneys. By ensuring that the Litigation Division attorneys have both the genuine desire and the requisite experience to succeed in the litigation arena, the Litigation Division has consistently maintained a record of successful resolution of litigation. Over the last seven years, the number of cases sent to outside counsel has steadily decreased. Number of cases retained by office vs. referred to outside counsel for past seven years (risk cases only) In House k Outside Risk,Cases Attorne Risk YearRisk Cases Y. 2001 14 " S 9 x!. 2002L 23 18 5 r .... .. �.N - 4 2003 21 ; 19 2.. 2004 25 25 0<,. 2005 1.8 .a 18 0 am 2006 1;9 ? ,E ' 19 0 2007 � "r,',,1;8, 18 0 12 ATTACHMENT # 1 E Y �\ 'NA 7011 «• o s vat ';� c III III, III III, � \t Ili i v A. ��pNT I NGTpy `O_,yc9arDAA eF9 — y Q . FF@ 11 1999P� \ 9 � CF cpUN T V CPS. OFFICE OF THE CITY ATTORNEY CITY OF HUNTINGTON BEACH 2007 ANNUAL REPORT JENNIFER WGRATH City Attorney Office of the City Attorney 2000 Main Street, 4ch Floor Huntington Beach, CA 92648 Phone: (714) 536-5555 Fax: (714) 374-1590 www.surfcity-hb.org Mayor Debbie Cook Mayor Pro Tern Keith Bohr Councilmember Joe Carchio Councilmember Gil Coerper Councilmember Cathy Green Councilmember Don Hansen Councilmember Jill Hardy Message from the City Attorney Jennifer McGrath, City Attorney On December 2, 2002, 1 was honored to be sworn in as the City Attorney for the City of Huntington Beach. The mission of the City Attorney's Office is to provide the best representation to the City in all legal and administrative matters, to provide excellent, effective legal counsel and services to the City Council and to all employees and officers of the City, to provide superior representation for the City in court litigation; and to prosecute violations of the City Charter and Municipal Code on behalf of the people. The City Attorney's Office has made many positive changes in the last five years, including in the presentation of this annual report of our activities, which is the first such report since 1974. Based on our implementation of modern law office management software, we anticipate providing comparative statistics of the workload of the office each year hereafter. This Annual Report reflects on our many accomplishments during the 2007 calendar year and introduces you to the Huntington Beach City Attorney's Office one of the finest, most comprehensive public law offices in California. Sincerely, Jennifer McGrath City Attorney 1 The City Charter specifies the City Attorney's powers and duties as follows: Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall be an attorney at law, duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law in this State for at least three years prior to his election or appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give his advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds and insurance given to the City, endorsing his approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. 2 (g) Devote such time to the duties of his office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to his successor all books, papers, files, and documents pertaining to the City's affairs. City Attorney's Roles and Clients The City Attorney's principal role is to serve as legal counsel and provide legal advice and representation to her clients. The City Attorney's clients are the Mayor and City Council acting as a body, in addition to those persons or entities empowered by the City Council, the City Charter, or state law to act on the City's behalf—for example, the City Administrator and City staff. The Mayor and City Council represent the residents of Huntington Beach. Therefore, when the City Attorney's Office advises and represents the Mayor and City Council, the residents directly and indirectly from that advice and representation. Frequently, members of the public contact the City Attorney's Office requesting legal assistance or representation, believing they are entitled to such legal services as residents of the city. But, as discussed above, the City Charter specifies the City Attorney's clients, and thus prohibits the City Attorney from advising and representing all others, including city residents. However, the City Attorney staff welcomes inquiries from citizens regarding City laws and legal problems. City Attorney's Budget The City Attorney's Office budget for fiscal year 2006-2007 was $2,778,406 for operations and nonrisk litigation expenses. This does not include the general liability reserve. Approximately 78% of the budget was for personnel costs of 18 full-time positions, including 2 assistant city attorneys, 7 deputy city attorneys, a law office manager, an investigator, an administrative assistant, 4 legal assistants, and an office specialist. 3 � f s s � z r� a� p 4 j OFFICE OF THE CITY ATTORNEY ORGANIZATION CHART CITY ATTORNEY Jennifer McGrath LITIGATION ADVISORY Admin. Assistant Law Office Manager Assistant Assistant (City Attorney) Budget/Library/Litigation/ City Attorney City Attorney Advisory Anita Balkee Joan Giguere Scott Field Paul D'Alessandro Sr. Deputy Sr. Deputy City Attorney City Attorney Legal Assistant Neal Moore Leonie Mulvihill Advisory/Litigation Joan Naideth Sr. Deputy Deputy City Attorney City Attorney Legal Assistant Advisory John Fujii Michael Vigliotta Karen Copeland Deputy Deputy Legal Assistant City Attorney City Attorney Litigation Chris Leonhard Sarah Sutton Dan Ohl Legal Assistant Investigator Deputy Litigation City Attorney Thuy Vi Bobby Dominguez Teresa Judd-Gielda Office Specialist City Atty./Admin. 4 Jean Sharpe Administration Division 5 The administration and support functions are ,- performed under the supervision of the Cityr ` Attorney. These functions include personnel, clerical, financial, technolo trainin and ' 9Y, 9 development, and records management support. These functions also include 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 $��w Council. The Administration Team—consisting of the City Attorney, Assistant City Attorneys Paul D'Alessandro and Scott Field, Senior Deputy City Attorneys Neal Moore, Leonie Mulvihill, and John Fujii, Law Office Manager Joan Giguere, and the Administrative Assistant to the City Attorney Anita Balkee—provides excellent administrative, organizational and managerial oversight of the office, in addition to their other duties. Significant projects for the Administration Division include: • Comprehensive training program for City staff on a vide variety of topics including, on ethics, the Brown Act, contract processing, contracts administration, sexual harassment prevention, violence in the workplace, Public Records Act, bankruptcy, litigation strategies and small claims. • New monthly and quarterly reports to City departments and City Council. • Revision and prioritization of workload to align more closely to the City's strategic goals to improve service levels. • Daily office hours for staff attorneys to assist City staff in daily operations. • Implementation of Scanning, indexing and migration of the City Attorney's opinions from 1990 to the present into the office's document management software. 5 Advisory Division OVERVIEW The Advisory Division comprised of three deputy city attorneys, is supervised by an Assistant City Attorney. The goal of the Advisory Division is to provide daily legal advice and support to the fourteen City departments and the Redevelopment Agency. The Advisory staff attorneys provide superior internal customer service to ensure that staff can accomplish their goals with little, if any, risk of litigation. CUSTOMER SERVICE The Advisory staff attorneys touch upon virtually all aspects of City business and perform a broad spectrum of legal services, including preparing legislation; negotiating and drafting contracts and other transactional documents; providing legal representation and advice at meetings of the City Council, City Council Committees, and City boards and commissions; prosecuting code violations; providing timely legal advice and assistance to City staff; improving contracting practices and updating form agreements; and informing the City Council and City staff of the changes in the law that directly impact the City. 13Administration Requests Completed by Department Building & Safety 0 City Attorney 0 City Clerk ,00 gg 90 7 g ■City Treasurer 0 Community Services so Econ. Development 70 OFinance 60 /al A� F r s0 Fire � t` Info. Services 40 9 0 Human Resources 30 F ^� 0 Library Y 20 �d6 ■Planning ,o __, ■Police ° M Public Works ■Risk Management 6 Although using more experienced attorneys in the Litigation Division has minimally increased labor costs within the office, annual surveys of the hourly rates charged by outside counsel, compared to the effective cost of an hour's work by a Deputy City Attorney, clearly establish that work performed in-house saves hundreds to thousands of dollars on every litigated matter. With 71 active and closed litigation cases handled in-house this year, savings during the year are quite substantial. Hourly Outside Attorney Rates Redevelo %menu :.Tort Labor - x. 235 City Attorney Budget for Professional Services BUDGET 2002/03'' 2003%04x= =2004/05 0``` 2005/06` 2006/07:v x......x.x ,. .x ..,...-, s,.- .. . .. ... ..................-- .,.,... P.e:p:-: _ y;h,;:r i .':° ti Ado ted Actual :<-::Ado`°ted " Actual:-;;.;;•;.;•;:+ Ado'ted :: >°Actual=>=; Ado`ted; =Actual .;, Ado ted:- Actual . p :4 p;. P err; �;<.r� M•,. p:. Professional :.. - - ;�r ervices 1�,725,000<-; 1;249,586. .,, 1�,245,000' 1:;004°744; 1,;165,488 281,937" 41 Z;101; ^ 94,699��; 300,000 185;270 :. -�� - - - - ---- =- --= - -- q,: :.� -,z<., . �,., Redevelopment 500,000, _ ,453,140,::_-:, _•:=500,000 `''82T,::• ::; 500M0,,:;.,77,879, 250;000%n 40,940 ;, 1,50,,000; 87,597`. Prof.Services o -- -- g�,r Claims Review Process In 2007, the City Attorney's Office initiated a procedure that every claim filed with the City involving a potential damage exposure in excess of$25,000, or any claim involving the Police Department, is forwarded to and reviewed by Neal Moore, the senior trial attorney in the Office, for his input and suggestions for handling. Mr. Moore has over 35 years of experience in defending public entities and public employees, and while he was employed by the Los Angeles County Counsel's Office in the 1970s, he supervised the claim administration program for the County of Los Angeles. This new procedure will maximize the benefit of Mr. Moore's years of experience in the handling and investigation of such claims. 13 2007 Closed Litigation Cases Miscellaneous Automobile Civil Rights Land Use a , 1 Debt Recovery Dangerous Condition *Miscellaneous cases include construction, employment, government and nuisance. More importantly, of the 30 damage suits closed during the 2007 fiscal year, 20 were resolved without the payment of any money (i.e., 67%). While the Litigation Division in the City Attorney's Office has always enjoyed great success in handling their cases, this number is a point of particular pride, as it clearly shows the quality of the services being performed. Although the success of the litigation work performed in other areas is harder to quantify, this high percentage of damage cases resolved without the payment of money evidences both the quality and tenacity with which the Litigation Division attorneys perform their work to reach favorable results for their clients. HIGHLIGHTS ` As indicated above, the Litigation Division had significant success in handling its cases this year, resolving 67% of damage cases without payment of money. This is a result of litigation attorneys aggressively pursuing all _ available, meritorious causes of ' ` - action or defenses, aggressively h._ „,.., . po .,, pursuing indemnity against culpable co-defendants, and equally aggressively pursuing discovery responses so that opposing litigants q Y 99 Y p 9 rY p pp 9 9 recognize both the weakness of their case as well as the strength of the City's case. These are some examples of their successes: 14 &ia8.vxr/ij .•,::;F<,c::; ..�� %iSe<\Ce�y`^i:.::;r�`°:.'aHi".a%T�••' \t• ,v`..:?Y::\.'�'l'•�r'',ull a^?:.i �^`•�`n a\iSv.A The Litigation Division resolved the following cases with no monies paid to plaintiffs: 1. Lawsuit for water damage to Plaintiffs' homes. 2. Action for injuries allegedly caused by condition of sidewalk. 3. Lawsuit for violating constitutional rights to remove overgrown vegetation on Plaintiff's property. 4. Action for injuries based on negligent sewer work by City contractor causing sewer problems at Plaintiffs property. 5. Complaint alleging that City interfered with the developer's right to provide water and sewer services to the development. 6. Lawsuit for injuries allegedly caused by condition of sidewalk. 7. A federal action challenging a warrantless search of Plaintiffs house. 8. A civil rights lawsuit challenging a warrantless search of Plaintiffs garage. 9. Action for damages resulting from Plaintiffs' purchase of a condominium that was unlawfully converted. 10.Claims for false arrest and civil rights violations arising from Plaintiffs arrest for felony spousal battery 11. Minor tripped over tree root while chasing down volleyball during physical education at Sowers Middle School. 12.A case concerned allegations of false arrest and excessive force, which was tried before a federal jury in December 2005. The jury returned a verdict in favor of all of the police officers and the City, and Plaintiffs' appealed the verdict and judgment, claiming that the jury had not been properly instructed regarding the issues of probable cause, burden of proof, and excessive force. These arguments were all rejected by the Ninth Circuit, which affirmed the judgment of the United States District Court in favor of the City and its police officers. 15 Significant cases resolved include: 1. From 1971 through 1997, the City leased five acres in Central Park to the POA for use as a Gun Range. During its 25-year operation, millions of rounds of lead ammunition were fired at the Gun Range by several dozen police departments, public agencies, and private security companies, along with hundreds of individuals. In 1998, after closure of the Gun Range, the City discovered extensive lead contamination. The City sued the Police Officers' Association ("POK) to recover the cost to clean-up lead contamination at the former Gun Range. In a related action, the POA's insurers litigated their responsibility for paying for any cleanup costs on behalf of the POA. In November 2001, the City sued the POA in Federal Court to recover the cost for lead cleanup. In 2004, the City amended its suit to add as defendants the major public and private entities that used the Gun Range for firearms training. Assistant City Attorney Scott Field was primarily responsible for settling this matter with a recovery of $615,167.40. 2. Twenty homeowners sued the City for property damage to their driveways, garages, concrete walkways, patios, and sewers caused by ficus trees in the City's street-side parkways. Deputy City Attorney John Fujii negotiated a global settlement for minimal costs of less than ten thousand dollars to the City along with removal of the ficus trees consistent with current Public Works policy. 3. A former police detective sued the City to challenge his compelled 1 disability retirement. On November 23, 2004, the Federal District Court rejected the suit, and granted summary judgment in favor of the M City. Assistant City Attorney Scott Field handled the matter on appeal where the Ninth Circuit affirmed the , judgment in favor of the City on March 21, 2007. 4. Complaint for false arrest, battery, and civil rights violations arising from a traffic stop of plaintiffs vehicle for suspected DUI. Case dismissed for waiver of costs. 5. A CEQA suit to challenge the development of a wholesale nursery located underneath the Edison power lines, west of the Santa Ana River and between Atlanta Avenue and Le Bard Park. Court of Appeal affirmed judgment in favor of the City. 16 6. CEQA writ action over Poseidon's proposed seawater desalination facility. Deputy City Attorney John Fujii was primarily responsible for defending the City in this matter with a recovery of$28,162.50 in legal fees. 7. Collection of unpaid fees, taxes and bills; partial payment made. 8. Plaintiff fell/tripped on a cover on a drain located behind 116 Main Street. 9. Plaintiff claims he was falsely imprisoned after a vehicle stop. 10.Challenge to validity of City's mobilehome park closure/relocation ordinance. The Litigation Division also resolved the following matters: 1. Small claims action regarding damage to Plaintiff's residential sewer lateral allegedly caused by the City's ficus tree roots. Case settled. 2. Plaintiff was arrested for not wearing his seat belt, and not having any identification. Plaintiff alleged that police searched his vehicle without probable cause. Case settled. 3. Small claims action regarding damage to plaintiffs car allegedly caused by street construction. Contractor appealed the small claims court judgment. Contractor paid plaintiff in full. 4. Plaintiff became entangled with a telephone or cable wire while riding her bicycle. Case settled. 5. Action for injuries allegedly caused by condition of sidewalk and sustained injuries. 6. City employee driving City vehicle hit a vehicle, propelling it into Plaintiffs vehicle. 7. Claim for value of personal property allegedly converted by police. 8. Plaintiffs challenge Affordability Covenant at Pacific Landing. 9. Automobile accident with City employee. 10.Bicyclist fell while riding bike through puddle. 11.Trip-and-fall accident on a City sidewalk at Utica and Florida. 17 Community Out Reach Activities City Attorney Jennifer McGrath is currently serving on The League of California Cities as an editor for the Municipal Law Handbook. Senior Deputy City Attorney Leonie Mulvihill served on The League of California Cities List Serve committee and assisted in the drafting of the User Agreement and protocols for list serve subscribers. Assistant City Attorney Scott Field is a volunteer Temporary Judge for the Orange County Superior Court. His work typically involves conducting settlement conferences. Neal Moore, the senior trial attorney in the office, has been serving for the past three (3) years as the volunteer attorney-coach for the Marina High School Mock Trial Team. This is an opportunity for Mr. Moore to work with local high school students who have some interest in pursuing careers as lawyers and who are competing against students from other high schools in the Mock Trial Program operated by the Orange County chapter of the Constitutional Rights Foundation. Senior Deputy City Attorney John Fujii volunteers every week through the Rodgers Seniors' Center in its Senior Visitor Program. City Attorney's Office participates in Chapman University's Legal Intern Summer Program and Mentor Program and provides law students with overall exposure to City departments' requests for legal services. The City Attorney's Office adopted a family through Project Self-Sufficiency for the Christmas Holiday and provided generous gifts of clothes, toys and gift certificates. p >, Yii1l ffi h a6i Y � M1 18 Attorney Bios Paul D'Alessandro Practice Areas, Background and Experience Mr. D'Alessandro presently serves as the Assistant City Attorney supervising the Advisory Division of the City Attorney's Office. He provides legal assistance on all areas of municipal law, including land use, redevelopment, affordable housing, public works, community services, public meetings (Brown Act), public records, elections, conflicts of interest, and business transactions. Mr. D'Alessandro joined the City Attorney's Office as a Deputy City Attorney in 1988. As a Deputy City Attorney, Mr. D'Alessandro had an extensive litigation and transactional practice. He served as legal advisor to the Huntington Beach Planning Commission, and handled numerous trials, appeals, arbitrations and administrative hearings in virtually all areas of municipal litigation practice, including eminent domain, inverse condemnation, civil rights, tort defense, land use, labor, and criminal prosecutions. Professional Affiliations Mr. D'Alessandro is admitted to practice law in California and the District of Columbia, and before the United States District Courts for the Central and Southern Districts of California, and the Ninth Circuit Court of Appeal. Education Mr. D'Alessandro is a graduate of Loyola Law School (J.D.), where he was a staff member on the Loyola of Los Angeles Law Review, and the University of California, Riverside (B.A., English and History). Scott Field Practice Areas, Background and Experience Mr. Field presently serves as the Assistant City Attorney supervising the Litigation Division of the City Attorney's Office. The Litigation Division handles all phases of all civil litigation matters involving the City and Redevelopment Agency, including pretrial discovery, law and motion, trial, and appeal. Mr. Field joined the City Attorney's Office as a Deputy City Attorney in 1995. Prior to joining the City Attorney's Office, Mr. Field was a partner at Burke, Williams & Sorensen, a law firm specializing in the representation of public agencies throughout California, where he served as City Attorney for the Cities of Temecula (1989-94) and Mission Viejo (1988-90). Professional Affiliations Mr. Field is admitted to practice law in California, and before the United States 19 District Courts for the Central and Southern Districts of California, and the Ninth Circuit Court of Appeal. Education Mr. Field is a graduate of UCLA School of Law (J.D.), and the University of California, Berkeley (B.A., Economics). John Fujii Practice Areas, Background and Experience Mr. Fujii presently serves as a Senior Deputy City Attorney in the Litigation Division of the City Attorney's Office. He primarily practices in state and federal trial and appellate courts, litigating cases involving civil rights, land use, torts, construction and environmental law. Prior to joining the City Attorney's Office, Mr. Fujii was an associate at the law firms of Jeffer, Mangels, Butler & Marmaro in Century City and at Brobeck, Phleger & Harrison in San Francisco. From 2002 to 2005, Mr. Fujii taught legal research and writing as an adjunct professor at Chapman University School of Law. Professional Affiliations Mr. Fujii is admitted to practice law in California and before the United States District Courts for the Central and Northern Districts, and the Ninth Circuit Court of Appeal. Education Mr. Fujii is a graduate of the Boalt Hall School of Law at U.C. Berkeley (J.D.), and U.C. Davis (B.S., Animal Physiology). Jennifer McGrath Practice Areas, Background and Experience In 1996, Ms. McGrath began her career with Huntington Beach as a Deputy City Attorney. While at that position, Jennifer established relationships with city members and officials that allowed her to improve service levels to the City Council. In November of 2000, the people of Huntington Beach elected Jennifer McGrath as their City Attorney. Ms. McGrath is also an active participant in the Huntington Beach Kiwanis Club and Soroptomists. Professional Affiliations Ms. McGrath is admitted to practice law in California and before the United States District Courts for the Central and Northern Districts, and the Ninth Circuit Court of Appeal. 20 Education Ms. McGrath is a graduate of McGeorge School of Law (J.D.), and the University of California at Los Angeles, (B.A., Political Science) Neal Moore Practice Areas, Background and Experience Mr. Moore presently serves as the Senior Deputy City Attorney in the Litigation Division of the City Attorney's Office. Mr. Moore is the senior trial attorney in the City Attorney's Office, and handles a wide range of civil litigation matters involving the City and Redevelopment Agency. Mr. Moore joined the City Attorney's Office in 2004. From 1976 to 2004, Mr. Moore was in private practice, specializing in the defense of public entities and public employees. He has completed approximately 100 civil jury trials. From 1971 to 1976, Mr. Moore was employed by the County of Los Angeles as a Deputy County Counsel. He holds the rank of Advocate from the American Board of Trial Advocates. Professional Affiliations Mr. Moore is admitted to practice law in California, and before the United States District Court for the Central District of California, the Ninth Circuit Court of Appeal, and the United States Supreme Court. Education Mr. Moore is a graduate of the University of Southern California School of Law (J.D.), and the University of Southern California (B.A., History). Leonie Mulvihill Practice Areas, Background and Experience Ms. Mulvihill presently serves as the Senior Deputy City Attorney in the Advisory Division of the City Attorney's Office. She primarily practices in the area of land- use and redevelopment law and advises the Planning and Economic Development Departments of the City on issues relating to zoning, planning, real estate, housing, municipal finance, redevelopment, and environmental law. She negotiates complex financial transactions on behalf of the City and Redevelopment Agency. She also currently serves as legal counsel to the Huntington Beach Planning Commission. Prior to her assignment to the Advisory Division, Ms. Mulvihill represented the City in numerous complex civil litigation matters. Prior to joining the Huntington Beach City Attorney's Office in 2001, Ms. Mulvihill was a senior associate at a private law firm specializing in the representation of public school districts and water agencies throughout California. Ms. Mulvihill was also previously employed by the City of Austin, Texas, as an Assistant City 21 Attorney, where she prosecuted criminal matters including zoning compliance and environmental violations. Professional Affiliations Ms. Mulvihill,is admitted to practice law in the states of California and Texas, and the United States District Court for the Central District of California. Education Ms. Mulvihill is a graduate of the California Western School of Law (J.D.) and the University of California, San Diego (B.A., Economics). Daniel K. Ohl Practice Areas, Background and Experience Mr. Ohl presently serves as a Deputy City Attorney in the advisory division of the City Attorney's Office. He practices primarily in the areas of police legal advisor, "Pitchess" motions, code enforcement, building and public works, and public records. Mr. Ohl also prosecutes violations of the City's municipal code. Prior to joining the City Attorney's Office, Mr. Ohl was a Deputy City Attorney with the City of Newport Beach from 1994-2007. He handled all phases of civil litigation, including pretrial discovery, law and motion, trial and appeal. He provided advisory services to the police and fire departments, city lifeguards, code enforcement, building, planning, community services and general services departments. Professional Affiliations Mr. Ohl is admitted to practice law in California, the United States District Courts for the Southern, Central, Eastern and Northern Districts, and the Ninth Circuit Court of Appeal. Education Mr. Ohl is a graduate of McGeorge School of Law (J.D.) and California State University at Long Beach (B.A., Political Science). Sarah Sutton Practice Areas, Background and Experience Ms. Sutton presently serves as a Deputy City Attorney in the Litigation Division of the City Attorney's Office. She primarily practices in the area of tort defense and has taken to verdict over 50 jury trials. Prior to her assignment to the Litigation Division, Ms. Sutton was assigned to the Advisory Division, where she served as the City's police legal advisor. She has also practiced in the areas of land use, public works, public records, public meetings (Brown Act), and conflict of interest law. 22 Prior to joining the Huntington City Attorney's office in 1989, Ms. Sutton was a Deputy City Prosecutor for the City of Long Beach. Professional Affiliations Ms. Sutton is admitted to practice law in the state of California, and before the United States District Court for the Central District of California. Education Ms. Sutton is a graduate of the University of San Francisco School of Law (J.D.) and the University of California, Berkeley (B.A., Political Science); and is also certified in Mexican law from the Universidad Pano Americana in Mexico City, Mexico. Mike Vigliotta Practice Areas, Background and Experience Mr. Vigliotta presently serves as a Deputy City Attorney in the Advisory Division of the City Attorney's Office. He primarily practices in the area of labor and employment law and advises all city departments on issues relating to employee discipline, discrimination, harassment, wages and hours, family and medical leave, disability, and labor law. He is responsible for prosecuting employee disciplinary appeals on behalf of the City before the Personnel Board and representing the City before the Unemployment Appeals Board. He also participates in the negotiation of memorandums of understanding with employee unions, as well as the drafting of employee contracts, city resolutions, ordinances, processes and policies. He provides training on various employment-related issues to city management and staff. Prior to joining the City Attorney's office in 2005, Mr. Vigliotta was employed by the City of Santa Ana as a Deputy City Attorney. In Santa Ana, Mr. Vigliotta provided general counsel to various city departments on such issues as utility user and hotel visitor tax and fees, election matters, open meeting laws, conflict of interest and ethics regulations. In addition, Mr. Vigliotta prosecuted code enforcement matters and provided litigation support regarding law and motion for specialized litigation matters. Professional Affiliations Mr. Vigliotta is admitted to practice law in California and before the United States District Court for the Central District of California, and the Ninth Circuit Court of Appeal. Education Mr. Vigliotta is a graduate of the Chapman University School of Law (J.D.) and Gannon University (B.A., Political Science). 23 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney's Office SUBJECT: Receive and File City Attorney's Office 2007 Annual Report COUNCIL MEETING DATE: , April 21, 2008 WS T-ATUS -A vok— TTAGHMENT Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appi cable Resolution (w/exhibits & legislative draft if applicable) Attached El Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Appli able z Contract/Agreement (w/exhibits if applicable) Attached El (Signed in full by the City Attomey) Not Applicable z Subleases, Third Party Agreements, etc. Attached El (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Appli able z Fiscal Impact Statement (Unbudgeted, over $5,000) Attached El Not Applicable z Bonds (If applicable) Att d ache Not Appli able z Staff Report (If applicable) Attached Not Applicable z Commission, Board or Committee Report (if applicable) Attached E-1 Not Appli able z Findings/Conditions for Approval and/or Denial Attached El Not Applicable z EXPLANATION'FOR-rA!SSIN"G"ATTACH'MENT'S,' , -11�1 !v:1""'1' REVI EWE-- RETURNED,',`,',,� Fl--R)"RQED' Administrative Staff Deputy City Administrator (Initial) City Administrator (Initial) City Clerk . EXPLANATI .......... g N'�F'OR',,RETURN,"OF:'ITEM'" '-.".',' ' (Below Space For City Clerk's Use Only) RCA Author: JM/JG 07-1059