HomeMy WebLinkAbout2014 City Attorney Quarterly Reports Dept. ID CA 14-013 Page 1 of 1
- Meeting Date: 10/6/2014
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/6/2014
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 2014 Annual Report.
Statement of Issue:
Receive and file the City Attorney's 2014 Annual Report.
Financial Impact:
N/A
Recommended Action:
Receive and file the City Attorney's 2014 Annual Report.
Alternative Action(s):
Do not receive and file the City Attorney's 2014 Annual Report.
Analysis:
N/A
Environmental Status:
N/A
Strategic Plan Goal:
Improve long-term financial sustainability
Attachment(s):
1. City Attorney's 2014 Annual Report
Item 2. - I H 3
2014 Annual Report
2� ` ; OFFICE OF THE CITY ATTORNEY
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Jennifer McGrath
City Attorney
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October 2014
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It is my pleasure to serve as City Attorney for the City of Huntington Beach. I am delighted
to present our 2014 Annual. Report for the Office of the City Attorney.
Our experienced staff works diligently to provide timely customer service to fourteen City
departments, City Council, and City officers and employees. Each department has unique
legal needs and it is our job to ensure the Office of the City Attorney provides the finest
legal representation possible in all lawsuits and administrative matters. Additionally, we
work tirelessly to prosecute, in the name of the People, all violations of the City Charter
and Municipal Code.
Offering an array of in-house legal expertise has earned the City Attorney's Office a
renowned and distinguished reputation by providing some of the finest and most
comprehensive municipal law services in the State of California.
As a parent, mentoring and supporting youth in the community is a priority. Introducing
municipal law concepts and sharing the career opportunities associated with working in a
dynamic, full service municipal law practice is an important community outreach function
for the Office. We enjoy hosting local high school students and offer three externships a
year for law students who desire municipal law experience.
As a resident of Huntington Beach and a mother of two, I can appreciate the many issues
that concern residents, City leaders, and employees alike. Thank you for taking the time to
learn more about our Office's many legal accomplishments and numerous cases won in
court during this past fiscal year. It is my distinguished pleasure to serve as your City
Attorney.
Most Sincerely,
Jennifer McGrath
City Attorney
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Our exceptional staff of professionals continuously strives to provide exemplary and
comprehensive law office services to our clients. Customer service is what we do
everyday; it is our job to serve diligently and prudently while responding to unique and
varied client requests. We are proud to provide both Advisory and in-house Litigation
services to all our clients. Our full—service approach to a municipal law office greatly
reduces budgetary expenditures in lieu of outsourcing all litigation matters to outside
counsel (a more expensive alternative). Collectively, the Office of the City Attorney is
proud to provide a full-service palette of exceptional municipal law services, in-house.
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IS Assistant pity Attorney Assistant City Attorney
eA1 Deputy City Attorney (2) \ 4 Depu y City Attorney III.
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The Administration Division provides streamlined business management support under
the direct supervision of the City Attorney and Chief Assistant City Attorney. Managing a
comprehensive municipal law office that provides both Advisory and Litigation services
in-house requires diverse support functions that include:
Budget Clerical
Finance Personnel
Records Management Technology
Training and Development
Additionally, the City Attorney attends City Council meetings (twice a month) as
parliamentarian and legal advisor. The City Attorney is also an active and integral
participant in the executive management team to help promote and facilitate the
strategic goals of the City Council.
Civil Citation Hearings:
The City Attorney's Office prepared and coordinated 108 civil citation
hearings for the City's Hearing Officer.
Criminal Hearings:
OF
City Attorney's Office appeared on behalf of the City and/or resolved
103 criminal hearings.
Training Presentations:
AB 1234 Ethics Conflict Resolution
Public Records Act You've Been Sued, Now What?
Brown Act Sexual Harassment
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The Advisory Division provides exceptional daily customer service regarding a variety
of legal matters encompassing almost all aspects of City business to fourteen City
departments, City Council, and City management. The Advisory Division provides a
long menu 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; developing
and presenting training seminars on various municipal law topics; and informing City
Council and City staff on changes in the law that directly impact the City.
Advisory Division Highlights:
Assisted in negotiating a new franchise agreement with Paramount Petroleum
that will bring the City over $600,000 in revenue the first year.
Drafted promotional agreement with Toyota Motor Sales for free Lifeguard
vehicles.
Successfully secured a giant agreement with the California Department of
Alcoholic Beverage Control for downtown law enforcement.
Drafted agreement with KABC-TV to be the Official Broadcaster for the July
4th Parade.
Drafted Senior Overlay Ordinance prohibiting senior mobile home parks from
converting to all age status.
Drafted cooperative agreements with the OCTA for the Edinger Bicycle Corridor
and traffic signal coordination on Warner
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Item 2. - 7 11B -52-
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245 Completed Requests by Departments in 2014
Fire 21
■ HR2
Finance 19
IS g ❑ Planning 19
Business
Police 25
Development 48
99
s ■ PW 45
Community ❑Treasur
Services 25 E Library 1
■ City At�y 4
❑ City Clerk 4 i
Admin 23
Administration 0 City Attorney ❑ City Clerk
❑ City Treasurer ■ Community Services ❑ Business Development
Finance ❑ Fire ■ Human Resources
EM Information Services ❑ Planning ❑ Police
Public Works ■ Library
cnn tcccitied 45 requcsts for legal services. The above chart identifies the
cat feted by cacti,client`department. While hundreds of requests
ited acid nnick manner. a summary of significant Advisory
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HB -53- Item 2. - 8
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Two BIG wins for the People of Huntington Beach... N
The City Attorney's Office successfully defended the City's Charter to
keep cell hone towers out of all City arks ensuringour arks are safe
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and meeting the diverse recreational needs of our community. The City
successfully won (on appeal in the appellate court) the right to build the
new (voter approved) Senior Center at the proposed site in Central Park.
Cases won at trial:
1. The City Attorney's Office successfully defended the City and two police officers in a
federal civil rights/wrongful death jury trial involving a police shooting.
2. The 'u returned a unanimous verdict in favor of the City that rejected a contractor's
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lawsuit seeking $750K in damages in the construction of a sewer lift station.
Cases successfully concluded, won with no monies paid:
1. Two cases against the City's Police Department, one a wrongful death case and the
other a personal injury case, both settled with no payment of monies from the City.
Cases won on appeal:
1. Trial court was directed to try the City's complaint to enforce the Affordable Housing
Covenant at the Las Brisas Del Mar condominiums.
Cases successfully concluded:
1. In a traffic accident involving substantial injuries, the City was dismissed while the
City's summary judgment motion was pending.
2. Dangerous road condition case was dismissed by the court.
3. Employment lawsuit regarding discrimination claims was dismissed.
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More than half of
all 2014. litigation
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cases were resolved
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payment of any
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The Litigation Division is supervised by City Attorney Jennifer McGrath and is comprised
of Assistant City Attorney Scott Field, Sr. Deputy City Attorney's Neal Moore and John
Fujii, and Legal Assistants Thuy Vi and Chris Leonhard. The Litigation Division handles
all civil matters on behalf of the City and its employees and officials. All cases are
handled by the in-house staff unless there is a conflict in representation or the outside
counsel is paid by a third party or a non-general fund source.
Ongoing & Closed Litigation 2014
Mist.
15%
Dangerous
Condition
Construction 32%
9%
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Automobile
8% 5
Land Use Civil Rights
13% 23%
Dangerous Condition 0 Civil Rights E Land Use a Automobile V Construction 0 Misc.
I S litigation cas"Osed were resolved at no cost to
,thy n ast ?° This evidences s t �e ua ity and tenacity
Litrgatrorr v� � no Work diligently to a hieve 1'av results.:for
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The Office of the City Attorney is proud to lead the charge for volunteerism in
Huntington Beach and throughout Orange County, serving numerous organizations
that benefit people, animals and communities in need. We are delighted to share the
highlights of our collective volunteer activities for 2014.
4
3/1 Marine Foundation 5k Run '
Orange County Bar Association
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Second Harvest Food Bank
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Mercy House Armory
South Coast Repertory
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Pro Tem (Judge for a Day) \
Photographer for the Kiwanis Easter Hunt Family Fun Day
Irvine Animal Care Center Super Pet Adoption
Mock Trials for Marina High School
Orangewood Children and Family Center
Item 2. - 11 HB -56-
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8a +ch ' s Goals
The residents of Huntington Beach are represented by a seven-member, part-time
City Council. The City Council establishes policies and priorities for the provision of
effective and efficient municipal services. The City Council is the City's legislative
authority and sets the policies under which the City operates.
The City Council has established five strategic goals that provide the frame-work
for carrying out its vision for the City:
1. Maintain our financial reserves;
2. Maintain, improve and obtain funding for public improvements;
3. Maintain public safety;
4. Enhance economic development;
5. Improve internal and external communication.
These strategic goals direct the efforts and
activities of the City's elected officials and
departments. They also direct the efforts of
the City Attorney's Office in providing legal.
services associated. with and arising out of
those activities. These practice areas of the
Office are discussed more fully in this report
under the Administration, Advisory, and
Litigation headings.
In accordance with the City's strategic goals, the City Attorney's Office is structured into
three divisions: Administration, Advisory and Litigation. These divisions drive the
organizational structure of the Office.
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PAUL. WALESSANDRO
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 is the legal counsel for the Huntington Beach Planning Commission. He
provides legal assistance on all areas of municipal law, including land use, 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 extensive litigation and transactional practice. He served as legal advi-
sor to many of the City's Boards, Commissions, and Committees, 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 prosecu-
tions.
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 in the Litigation Division of the City Attorney's
Office. The Litigation Division handles all phases of all civil litigation matters involving the City,
including pretrial discovery, law and motion, trial, and appeals.
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 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).
Item 2. - 13 : f - -
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JOHN FUJ11
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 & Mitchell 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 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 residents and officials that allowed her to
improve service levels to the City Council. In November of 2002, the people of Huntington Beach
elected Jennifer McGrath as their City Attorney.
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.
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).
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NEAL MOORE
Practice Areas,Background and Experience
Mr. Moore presently serves as 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.
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 and was a member of the Executive Committee for the Litigation Section of the State Bar
of California for a 3-year term (2008 —2011).
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 Califoniia(B.A.. History).
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 and before the United States District Courts for the South-
ern, Central, Easter 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).
Item 2. - 15 1 j-
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MIKE VIGLIGTTA
Practice Areas, Background and Experience
Mr. Vigliotta presently serves as a Chief Assistant 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, fam-
ily 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 Unemploy-
ment 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 Gamzon University
(B.A., Political Science).
�: _ Item 2. - 16
City Hall Directory
City Attorney (714) 536-5555
City Clerk (714) 536-5227
Passports (714) 536-1612
City Council (714) 536-5553
Y City Manager (714) 536-5575
Community Services (714) 536-5486
Beach Operations (714) 536-5281
Office of Business Development (714) 536-5542
Finance (714) 536-5630
I Business Licenses (714) 536-5267
Fire Department (714) 536-541 1
Human Resources (714) 536-5492
Information Services (714) 536-5515
Library (714) 842-4481
Planning & Building (714) 536-5271
Code Enforcement (714) 375-5155
Police Department (714) 960-881 1
Public Works (714) 536-5431
CITY OF HUNTINGTON BEACH
Office of the City Attorney
2000 Main Street
Huntington Beach, CA 92648
Phone: 714-536-5555
Fax: 714-374-1590
www.huntingtonbeachca.gov
Item 2. - 17 €t - -