HomeMy WebLinkAbout19 - City Attorney Mission, Goals & StandardsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 19
October 12, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Office of the City Attorney
David R. Hunt, City Attorney
ext. 3131, dhunt(o)NewoortBeachCA.gov
SUBJECT: Review of Office of the City Attorney Mission, Goals and Standards
ISSUE:
Review status of operations within the Office of the City Attorney.
RECOMMENDATION:
Receive and file or give direction as you deem appropriate.
DISCUSSION:
At the beginning of 2009 the Council embarked on a program of building the Office of the
City Attorney ( "OCA ") in order to meet the City's ongoing legal needs. The new City
Attorney was directed to develop a department that would either meet or oversee all of the
legal services provided to the City and to integrate the legal function into the day - today
operations of the City. This agenda item is brought to the Council in order to report on the
progress of this effort and give the Council the opportunity to give new direction if it
desires.
1. Mission and Allocation of Internal Resources.
In August 2009 the Council reviewed and accepted a Mission, Goals, and Standards
Statement drafted for the OCA. A copy of the Statement is appended at Attachment "1."
The Mission contemplates the OCA performing four essential legal functions. Stated
briefly, those functions are:
➢ Advise on legal issues;
➢ Enforce as the Chief Prosecutor under the direction of the City Manager
as Chief Code Enforcement Officer, the City Charter, ordinances, and
policies;
➢ Represenfthe City in legal proceedings; and
Review of Office of the City Attorney Mission, Goals and Standards
October 12, 2010
Page 2
➢ Administer the legal business of the City either through providing the
necessary legal services with in -house resources or overseeing the
services provided by outside counsel and managing their relationship
with the City.
At the time this project began there was the full -time equivalent (FTE) of 3.7 attorneys
serving the City, with one additional Assistant City Attorney position authorized to be filled
by the new City Attorney and one part-time paralegal position within the office for a total
FTE of 5.4 professional legal staff. Since that time, the Council authorized adding two
additional Deputy City Attorneys and making the paralegal position full -time for a total FTE
legal staff of 6.7 legal professionals.' The Council also authorized an increase in support
staff to meet the needs of the additional legal professionals by 1.3 FTE support staff,
though that increase is not the focus of this report.2
2009
1 City Attorney
1 City Attorney
2 Assistant City Attorneys
2 Assistant City Attorneys
1.7 Deputy City Attorneys
2.7 De uty City Attorneys
7 Paralegal
1 Parale al
5.4 FTE Professional Employees
6.7 FTE Professional Employees
At present the professional legal staff is assigned to the tasks performed by the OCA as
set out in the table below using FTE to allocate to function:
'
Totdt;
Flanction -
Hunt;% -
'-Mulvihill,
Beaucliant.
Tcirres-
'`Rowan
vUotbdtt
.`,Asklln
FTF i
:Percnnt
ASZISe -`
0.60
0.90
0.90
0.90
0.50
0.50
0.80
5.00
74.6%
fe --
0.10
0.05
0.05
0.05
0.30
0.15
0.20
0.90
13.4%
resent
0.10
0.05
0.05
0.05
0.10
0.05
0.40
6.0%
/�rlmASter''
0.20
0.10
0.40
6.0%
iofal
1.00
1.00
1.00
1.00 1
1.00
0.70
1.00
6.70
100.0%
As represented by the pie chart below, the vast majority of OCA resources are allocated to
providing day -to -day advice on City matters.
' The Council also authorized the recruitment of one additional paralegal, but that recruitment has been put
on hold in light of budgetary concerns.
2 One Part-Time Office Assistant position was made full -time and then elevated to Department Assistant
status and one part-time Office Assistant position added, then made full -time in the 2010/11 budget.
3 This total does not include the authorized second paralegal position since it has not been filled.
Review of Office of the City Attorney Mission, Goals and Standards
October 12, 2010
Page 3
Resources by Task
m Advise Enforce & Represent m Administer
13.4°
2. Additional Services Provided.
4.6%
The expansion of the OCA has added to the services provided by the City's in -house legal
department. Generally speaking it is now active in providing day -to -day legal services to
the City, having expanded its role regarding:
• Charter, ordinance, and policy review and implementation
• Risk management
• Contracting
• Personnel matters, particularly discipline and investigation
• Boards and commissions advice as needed, including Civil Service Board, Harbor
Commission, Parks, Beaches and Recreation Commission
• General laws such as the Public Records Act, Brown Act, Political Reform Act
• Enforcement issues
We have appended a table as Attachment "2" showing a representative sampling of the
significant projects and work product4 addressed by the OCA in the 2010 calendar year.5
4 This attachment is not intended to be a comprehensive list by any means, but simply represents the most significant projects
that come to mind. Additionally, we have reported specifically on the period of 7/1/2010 to date since we reconfigured our
system effective this fiscal year so we can report on specific numbers of projects completed. Prior to that time we used a more
general filing /matter system.
Review of Office of the City Attorney Mission, Goals and Standards
October 12, 2010
Page 4
3. Budgetary Impacts.
This expansion of the role of the OCA has resulted in a reduction in the use of outside
counsel thus reducing outside legal costs incurred by the City. We have appended a table
as Attachment "3" that identifies functions brought back in -house to the City and the
estimated savings in legal costs attributed to each function. We continue to use outside
counsel to meet workload demands and to address specialty areas of the law and
workload demands, but the systemized regular use of outside counsel has been
eliminated.
Additionally, compensating for the impact of the cost of outside representation in group
homes matters, legal budgets have reduced over the last two years when compared to the
prior year .6 The table below shows the cost figures:
This table reveals that outside counsel expense for Fiscal Year 09/10 was $353,443.18
lower than Fiscal Year 07/08 and $819,165.79 below outside counsel expense from Fiscal
Year 08/09, when adjusting out the cost of the group homes litigation. This relationship is
graphically represented in the bar chart below:
5 We note that the OCA's role is to support staffs pursuit of the projects directed by the City Manager on behalf of the Council. Except
with respect to handling and appearing in litigation, the OCA is a support department and exists to serve the City Council by serving
the City Manager and the operational departments carrying out the Council's policy decisions.
E Accounting practices for attorneys fees have changed in the last three years and it would be difficult to develop an accurate
assessment of all attorneys fees expended in years previous to FY 2007/08. It can certainly be done, however, should the
Council so direct.
r These totals have been complied by Administrative Services running vendor payment totals in each fiscal year. Now,
commencing FY 10/11, all outside counsel expenses are to be accounted to three new budget line items specifically dedicated to
attorneys fee expenses. This change should make it easier to compare legal expenses incurred in different fiscal years.
OUTSIDE COUNSEL
EXPENSES'
Adjusted Total
Total Outside
Group Homes
Citywide without
Counsel
Outside Counsel
Group Homes
Expenses
Expenses
Expenses
Fiscal Year
07/08
$
1,423,916.96
$ 452,292.63
$
971,624.33
Fiscal Year
08/09
$
2,310,014.30
$ 872,670.36
$
1,437,343.94
Fiscal Year
09/10
$
1,443,280.27
$ 825,102.12
$
618,178.15
$
5,354,105.13
$ 2,150,065.11
$
3,027,146.42
This table reveals that outside counsel expense for Fiscal Year 09/10 was $353,443.18
lower than Fiscal Year 07/08 and $819,165.79 below outside counsel expense from Fiscal
Year 08/09, when adjusting out the cost of the group homes litigation. This relationship is
graphically represented in the bar chart below:
5 We note that the OCA's role is to support staffs pursuit of the projects directed by the City Manager on behalf of the Council. Except
with respect to handling and appearing in litigation, the OCA is a support department and exists to serve the City Council by serving
the City Manager and the operational departments carrying out the Council's policy decisions.
E Accounting practices for attorneys fees have changed in the last three years and it would be difficult to develop an accurate
assessment of all attorneys fees expended in years previous to FY 2007/08. It can certainly be done, however, should the
Council so direct.
r These totals have been complied by Administrative Services running vendor payment totals in each fiscal year. Now,
commencing FY 10/11, all outside counsel expenses are to be accounted to three new budget line items specifically dedicated to
attorneys fee expenses. This change should make it easier to compare legal expenses incurred in different fiscal years.
Review of Office of the City Attorney Mission, Goals and Standards
October 12, 2010
Page 5
Outside Counsel Expenses
x2,500,000.00
$2,000,000.00
51,500,000.00
$1.000,000.00
$500,000.00
$-
Fiscal Year 07/08 Fiscal Year 08/09 Fiscal Year 09/10
v Total Outside Counsel Expenses
Group Homes Outside Counsel
Expenses
N Total Citywide without Group
Homes Expenses
We can compare these savings to the increased wages and benefit expenses of the
expanded office. These figures are reflected in the table below.
SALARIES & BENEFITS ANALYZED AGAINST
ADJUSTED OUTSIDE COUNSEL COSTS SAVINGS
As you can see, when comparing the difference against FY 07/08, while there is a savings
in outside counsel expense, there is a net increase in cost when comparing the savings
against salary increases since FY 07/08. On the other hand, there is a net savings when
between 4 '
Net Difference
Adltisted
between
. Dlfferenoeitt ,
. Uutstde „
Outside Counsel
Adlustgd;
Cpunsel
Expense and
E?eperrse and i Difference in
Increased
Salaries &ounsl,l
$aF�PlsR& x Adjusted Outside
Salaries and
Benefits By
Increase over
ounsel Expense
Benefits from FY
FY
FY 07109
- FY,Q�'v..,
FY4710., r From FY 08/09
0/08
07108
Budget
$ 810,654.00
08109
Budget
$1,010,266.89
$199,61289
$4ti_5_,71t,61
$..ff$2 $
$
09110
r �i3
ss}
Actual
$1,400,519.91
,$
,
4 $ (?51!0,165.79)
229,299.88
10111
„h....
As you can see, when comparing the difference against FY 07/08, while there is a savings
in outside counsel expense, there is a net increase in cost when comparing the savings
against salary increases since FY 07/08. On the other hand, there is a net savings when
Review of Office of the City Attorney Mission, Goals and Standards
October 12, 2010
Page 6
comparing to FY 08/09. FY 08/09 may have been an "high water mark" for outside
counselexpense.
These figures do not include the cost of tort defense counsel. Those costs are largely
handled through the City's Third Party Administrator, Carl Warren & Company, and Risk
Management with some advisement from the OCA. In addition to providing legal
assistance in managing this area of expense, the OCA has assisted in settling four cases
over the last two years without the need to forward to outside counsel. The expenses paid
in the last three (3) fiscal years are reflected in the table below.
Attorney Legal Fees Paid Per Policy Year on Tort Claim Matters
Attorney Fees
# New Claims
Policy Year 07/08
$ 475,604.95
104
Policy Year 08/09
$ 252,190.77
112
Policy Year 09/10
$ 368,911.52
140
The attorney legal fee expenses are graphically depicted below.
Govt. Tort Claim Attorney Fees
$500,000.00
$450,000,00
$400,000.00
$350,000.00
$300,000.00
$250.000.00
$200,000.00
$150,000.00
$100,000.00
$50,000.00
Policy Policy Policy
Year Year Year
07/08 08/09 09/10
Attorney Fees
While this is a significant amount of money, it in fact shows a relatively low expense
incurred by the City in defending general liability tort litigation over the last three fiscal
years, in the end, it is clear the City has been doing well in loss management over the last
few years.
Review of Office of the City Attorney Mission, Goals and Standards
October 12, 2010
Page 7
In summary, there have been savings in outside counsel expense, but whether the City
has experienced a net savings depends on what you compare those savings to. When
reviewing the full scope of outside counsel services, there is still significant room to
improve.
4. The Future.
The last two years have brought fairly dramatic change to the way legal services are
provided to the City. This change has not been without difficulty by any means. There are
significant areas where the OCA must improve its service to the Council and the
departments, most notably in the processing of contracts.
The change in legal culture has had a significant impact on operations, a much larger
impact than I had foreseen, particularly with contract processing. The implementation of
existing approved Council policies in the area of contracting and purchasing has revealed
that they are outdated and must be modernized in order to create efficiencies in
operations. While staff is poised to make recommendations on updating Council policies
in the near future, progress on improving this function has been too slow and this issue
must a given a higher ranking in project priority.
With this in mind, the recommendation for the next year is to:
1. Improve and Systemize: Improve service to Council and staff on advisory
matters by consolidating the gains of the last two years and systemize in an
efficient manner the provision of legal services, particularly in the area of
contract processing ;8
2. Systemize OCA and Train: The current OCA is a young office that has
changed how it does everything since January 1, 2009. It needs to
complete its internal SOP, standardizing it practices, to take advantage of
the efficiencies available to it and continue training its attorneys and staff on
the operations and culture of the City and the OCA;
3. Put on Hold Expansion of Services: Put on hold the expansion of
litigation services provided until the OCA is fully successful in providing
8 The ground work is well under way on the contracting front and can be completed in this calendar year.
It requires completing the process by: (1) updating of Council policies governing contracting and
purchasing; (2) develop standardized administrative procedures for processing contracts and putting those
procedures in an Administrative Procedure Manual as the first such procedure; (3) completing the update of
all contract templates, a process that is well underway in the OCA, and distribute them to staff and train in
their use.
I
Review of Office of the City Attorney Mission, Goals and Standards
October 12, 2010
Page 8
excellent service in its advisory function while continuing to seek ways to
reduce the expense incurred by the City through the use of outside counsel.
Environmental Review
This matter does not contemplate a matter that would be a "project" under the California
Environmental Quality Act and thus does not require environmental review.
Public Notice
Notice has been given consistent with the Ralph M. Brown Act. No other public notice
is required by this item.
Funding Availability
There is no funding impact for this matter unless directed by Council.
CONCLUSION
The role of the OCA has increased significantly in the City over this nearly two (2) year
old initiative. Seventy -four (74 %) percent of the legal professional resources in the OCA
are dedicated to providing advisory assistance to the City. This change has brought a
great deal more involvement of the OCA to the daily work performed by staff. It has
also reduced the City's dependence on outside counsel, with the notable exception of
the Group Homes litigation. This reduction has resulted in significant net savings in
attorney expense when compared against what appears to be the City's high water
mark for use of outside counsel services.
We thank you for your attention to this matter and ask you to receive and file or give
new direction as you see fit.
Prepared and Submitted by:
OFF F THE AITY ATTORNEY
By:
David R. Hunt, City Attorney
Attachment 1: Mission, Goals and Standards Statement
Attachment 2: Representative Listing of Major Projects by Legal Team 2010
Attachment 3: Reduction of Outside Counsel Use By Function
[A08 -00036] M &CC from DRH 10.14.10 re OCA Mission Statement
ATTACHMENT 1
October 12, 2010 Council Agenda
Mission, Goals & Standards Statement
MISSION, GOALS AND STANDARDS STATEMENT
Office of the City Attorney of Newport Beach
(August 19, 1009)
The mission of the Office of the City Attorney is to provide excellent, prompt, practical,
solution oriented legal advice to the Council, staff, and Boards and Commissions of the
City of Newport Beach; to effectively represent the City's interests before all courts and
administrative bodies; and to act as the City's chief prosecutor in all code enforcement
matters. We seek to integrate the legal function with administrative and policy functions
of the City at the most basic levels in order to assist in achieving the Council's policy
objectives and protect the City from liability.
GOALS AND STANDARDS
Our goal is to provide excellent quality, responsiveness and value in performing the
legal services necessary to successfully achieve our mission. This goal, and the
standards for judging its accomplishment, is defined as:
Quality: We must always provide excellent legal services. That having
been said, we also must recognize excellence will be tempered by the
amount of resources available to perform a particular task. Therefore, we
must perform excellent legal work as defined by and within the constraints
with which we are presented. Our legal services shall have the following
characteristics:
• We are to approach all tasks with integrity and courage. Regardless
of the interests being addressed we shall speak truth and protect the
credibility of the institution of City government.
• Our legal advice and representation will be well thought out and
thoroughly researched. We will avoid, to the greatest extent
possible, "flying by the seat of our pants" so as to minimize changes
in opinion or recommendation.
• Our advice is to be practical and solution oriented while minimizing
legal risks to the City.
• We shall avoid being "naysayers" to the greatest extent possible,
and instead look for a means within the law to achieve the goals
sought to be pursued by policymakers.
• We shall be vigorous and formidable advocates of City interests in
courts and before administrative agencies. We shall, however,
remain objective counselors behind closed doors giving practical
and constructive legal advice to seek early, economically realistic
resolution of disputes. That having been said, we shall remain
ready, willing and able to try all cases that need to be resolved by
the courts.
• We shall present our legal opinions and ourselves in the community
in a manner that lends credibility to the office and to City
government as a whole.
MISSION, GOALS AND STANDARDS STATEMENT
Office of the City Attorney of Newport Beach
(August 19, 2009)
Responsiveness: We must be sensitive to the needs of Council, staff, and
Boards and Commissions. We must respond to them promptly within time
frames defined by their needs. The policymakers define our priorities; we
do not define theirs. We will hold ourselves to the following standards:
• Regular work turnaround within ten business days.
• Rush turnaround within three business days.
• Emergency /critical needs receive immediate response.
• Deadlines for all large projects shall be worked out with staff so that
the needs of the City are met, both in timing and excellence in legal
advice.
• Contracts are a priority. Standard contract turn around in no longer
than ten working days in OCA, though hopefully sooner, as follows:
1. Initial review and triage by Paralegal within 3 business days —
returned to department if changes needed, otherwise
forwarded to the ACA for review and signature;
2. ACA to review and sign within 2 days of Paralegal forwarding
and contract should be routed back to the department at that
time;
3. Process starts over again when returned by department after
clarification /correction.
4. Goal is to turn contracts around, fully completed and signed
off, in no more than 10 business days, and if they come
through in clean condition within no more than five business
days in department.
5. Complex, non - standard contracts, to be completed within
negotiated time frame as meets the needs of City business.
• Telephone calls returned within the same day or the next business
day morning at the latest.
• Emails reviewed and triaged within two business days, if out of office
assistant not activated and if it is, within two business days of
return.'
Value: We must provide our services in a manner that gives the City
excellent "bang for its buck." We shall maximize the value to the City of our
office and minimize the expense, making sure to deliver excellent legal
services in an efficient and cost effective manner. We shall do the
following to achieve this end:
1 It should be noted that while emails are an excellent, inexpensive, and potentially effective means of
communication, they can give a false impression of actual receipt. Sender often assumes the email has been read,
and in many circumstances it has not been. If a matter is urgent in any way, it is best to call on the telephone.
MISSION, GOALS AND STANDARDS STATEMENT
Office of the City Attorney of Newport Beach
(August 19, 2009)
• Develop and maintain effective form templates that reflect the
current status of the law and give certainty to the conduct of City
business.
• Develop and maintain efficient procedures for handling workload so
that it can be effectively handled.
• Utilize technology in a way that it enhances productivity and
preservation of resources without becoming an impediment to
thorough, thoughtful legal analysis. Whatever we do, we must not
allow technology to drive us instead of our using it.
• Achieve a proper balance between in -house legal services and
outside legal services, proactively managing outside legal services
to assure the City receives the best "bang for its buck."
• Actively monitor legal expense in order to assure budgetary
compliance, providing timely identification and processing of budget
exceptions relating to use of outside counsel.
[A09- 00398] Mission and Goals Statement
ATTACHMENT 2
October 12, 2010 Council Agenda
Representative Listing of Major Projects by Legal Term 2010
Repesentative Listing of Maior Proiects by Legal Team
2010
C nt g .1 T _7i 7,7
NA f a ""�' Yx.'cf *E
IN
`yt wa.`r � fi "
- „ €a "`<
Advise I
I CMO Commence gsu ort of efforts - Organizational pp is in DRH Organizational efforts begun in order i
renegotiating JWA Settlement to "T Up" negotitiaons for renewal of
Agreement; conducted RFP on CEQA JWA Settlement Agreement.
and FAA counsel and retained CEQA
Counsel
3
Planning General Plan Implementation/ Zoning LM /MT Deeply involved in supporting the
Code Update process bringing the Zoning Code to
_ _ _ ___ _ _ Council for completion _
Planning /Pub Marina Park (CEQA review / project DRH /LM /MT Support provided with State Lands
Works approval through Coastal / State Commission and issues related to the I
Planning /Pub. Sunset Ridge Park (CEQA review/ LM /MT Support completion of EIR,
Works projecttProval thro h Coastal addressing Coastal Act process
_3
CMO /Harbor Harbor Fees Update DRH /L M /N1T Support extensive effort in preparing i
Resources for dealing with fee issues; drafting
extensive legal opinions; select
outside counsel for assistance and
Planning Lido Marina Village Redevelopment LM /MT Provided legal support in RFP and
(marina, City Hall site) - Supported contracting process; draft lease for s
RFP and contracting with planning LMV Tidelands.
consultant in Via Lido Marina Village,
Via Oporto and nearby property project; i
Supported preparation of land swap
MOU for Pavilions and City Hall
___-_ _.,_.. .._.._v.— _._.__ . __._�__..________.._. __ _ __ _____._..... ____.. ________�
Planning Airport Business Area Integrated LM Assisted in resolving legal issues �
Conceptual Development Plan (Koll / regarding project and bringing the
Conexant) (CEQA review / project matter to Councl for action.
Utilities m Big Canyon Sewer Agreement LM /MT Drafted all necessary agreements and 1
provided legal assistance regarding
fee issues
Planning O' Hill /Golf Realty (CEQA review) LM /MT Provided legal support in working
through competing use and
_ _ a lication issues
Planning NextG and Telecommunications Issues LM /MT Supported staff in addressing
teleocmmuncaitons permit issues
including Ne)StG application.
��Harbor Rhine Channel Dredging Project DRH /LM /MT Supported drive to complete CEQA
Resources (CEQA review / project process and commence project
implementation) consistent with Long Beach time line;
i commence review of insurance issues
for possible contribution to project.
CMO Civic Center Sculpture Garden MOU LM /MT Drafted provided legal support in
_ ___, -di __ _ __ _ ___ _negotiation of agreement. _ _
Pub.._ Wor_ks vic Center _ CM _ at _ Risk agreements _ LM Drafted and assured legal compliance
of CM at Risk contracts.
Page 1
Repesentative Listing of Major Projects by Legal Team
2010
Adm. Services Civic Center financing LM Working closely with bond and
disclosure counsel in completing all
necessary legal documents for bond
fnancng
Risk Mgt. Civic Center OCIP Program DRH /MDB Engaged in process of developing
recommendation; provided legal
advice in RFP process; assisted in
State Unfunded Mandate
Claim
HR Personnel related matters
Pub. Works 3 Assessment District Pro
CMO Complete Balboa Market Purchase
Update Process
Council
LM Support and drafting of claim to
Unfunded Manadate Commission
regarding expense in complying with
legal support regarding
Not all were successfully formed, but
they still required extensive support,
drafted and oversaw completion of
DRH with Supported seven month process fror
support of full Charter Update Commission through
office Council action placing no ballot.
HR Civil Service Update DRH /MDB
Update Civil Service Ordinance and
Civil Service Rules consistent with
Charter Update - Presented to CSB
__ ,___ -_ -. -_
and comic to Council 1/12
0
CMO /Planning Group Homes Administrative CMW /RWG
The administrative proce eding for
Proceedings (DRH is
prior operators were completed in
ethically
February and March; additional
walled out of
proceedings for new applicants have
these
been addressed and a requested Use
proceedings.)
Permit amendment application is
pending and will likely go to hearing.
Zoning DRH /CMW Second reading set for 9/28
Group Homes: Procedures for Zoning DRH /KER/CM SLBTS Development Agreement
Agreement Review and Enforcement of W Review is coming to the Council on
permits 10/12.__
July 4 Planning and Procedures KER Support toward creating new
Support Labor Negotiations and DRH
Strategize final negotiation of public
ization LM /MT
All Total of 216 Assignments "Completed" OCA
Departments from 1/1/2010 to 9/25/2010
Page 2
ongoing support for miscellaneous
units. _
Assisting with legal issues regarding
development of Balboa Market
property, parking and Balboa Theater
portions of the project.
This number is actually low in that we
had not changed our system to
monitor specific assignment
PD /OCA
X&II
Support effort to bring Code Restaurant DRH /KER
into compliance with laws
Newport Beach v. Leason and
Newport Beach v. Lu
Save Irreplaceable Land Forms v.
Newport Beach (Aerie Case)
Banning Ranch Conservancy v.
Newport Beach (Sunset Ridge Park
Case)
Page 3
DRH /KER
DRD /KER
Violations ceased and successfully
resolved criminal prosecution short of
trial.
Supporting PD in developing a cross -
departmental approach to medical
marijuana dispensaries; assisted in
addressing two locations.
Oversaw and directed the s
handling of these civil code
enforcement matters.
DRH /KER/CM Our office associated in with RWG on
W the Group Homes Litigation in order to
have a greater impact on its handling.
KA case which ultimately lead to its
We are associated in this matter to
make the motion to disqualify Shute
Mihaley, which was successful. Now
DCA Rowen has prepared and we
have filed a preliminary response to
BRC's petition for writ of mandate in
the court of appeal.
Repesentative Listing of Major Projects by Legal Team
2010
All
115 Contract Assignments completed
OCA
These matters are handled under the
Departments
from 7/1/2010 to 9/25/2010
asisgned ACA direction
All
66 Public Records Act Responses
OCA
These matters are handled under the
Departments
completed from 7/1/2010 to 9/25/2010
asisgned ACA direction
All
21 Risk Management and Claims
OCA
These matters are handled under the
Departments
matters completed 7/1/2010 to
asisgned ACA direction with support
9/2512010
from DRH /KER
CMO
Advised on administraton of Beacon
DRH /CMW
Collected signficant back rent and
Bay Lease Sites
assisted in processing multiple
_.
transfers of lease site issues.
Enforce
_.._ . _ -_ -_ .
_
OCA
Brought all Code Enforcement Matters
DRH /KER/CM
- ________ ___ uts__,
We had two oide law firms
back in house except two that were
W
performing code enforcement
pending ( Leason and Reumont)
functions costing approximately
Code /OCA
Successfully resolved six code
KER/CMW
Entering into covenants re illegal
enforcement matters short of trial
housing and supporting Code in its
___
between JulIV1 and September 25
efforts
CMO/Planning Group Homes Litigation
DRH /KER/CM
Supported commencement of
W
abatement efforts on four non-
conforming commercial uses after
_ _
LUP certified.
CMO /Code
__
Abate Nuisances on Mariner's Mile at
__
DRH /KER
Filed _ nuisance abatement _ liti-
gation
Dover /PCH
and leveraged settlement agreement.
PD /OCA
X&II
Support effort to bring Code Restaurant DRH /KER
into compliance with laws
Newport Beach v. Leason and
Newport Beach v. Lu
Save Irreplaceable Land Forms v.
Newport Beach (Aerie Case)
Banning Ranch Conservancy v.
Newport Beach (Sunset Ridge Park
Case)
Page 3
DRH /KER
DRD /KER
Violations ceased and successfully
resolved criminal prosecution short of
trial.
Supporting PD in developing a cross -
departmental approach to medical
marijuana dispensaries; assisted in
addressing two locations.
Oversaw and directed the s
handling of these civil code
enforcement matters.
DRH /KER/CM Our office associated in with RWG on
W the Group Homes Litigation in order to
have a greater impact on its handling.
KA case which ultimately lead to its
We are associated in this matter to
make the motion to disqualify Shute
Mihaley, which was successful. Now
DCA Rowen has prepared and we
have filed a preliminary response to
BRC's petition for writ of mandate in
the court of appeal.
Repesentative Listing of Maior Proiects by Legal Team
2010
PIM /PD Media Access to Police Materials DWIVIDB/ Worked through issues updating
CMW procedures in PD regarding availabil
of information in police log to meet
Governemnt Code requirements and
balance media's need to know while
avoiding privacy issues.
OCA Banning Ranch EIR and Water Supply LM /MT Oversaw outside counsel services
Assessment working on Banning Ranch EIR and
OCA Zoning and Development Agreement DRH /LM Conducted RFP process to retain
and Transactional Legal Assistance assistance with land use and zoning
work specifically development
agreements, pursuant to
OCA Telecommunication legal assistance DRH /LM
Conducted RFP Processfor obtaininc
and representation RFP
litigation support services in the area
of telecommunications, NextG v.
__
CNB ._
_ _
OCA JWA Settlement Agreement Extension - DRH
_ ___
Conducted RFP for CEQA and FAA
RFP for CEQA and FAA legal services
legal services for JWA Settlement
Agreement extension negotiations.
- -.,__ ® _ ---- - - - -__
OCA Administer Office DRH
Oversee the provision of services ani
report to Council periodically
Page 4
ATTACHMENT 3
October 12, 2010 Council Agenda
Reduction of Outside Counsel Use by Function
Reduction of Use of Outside Counsel by OCA Function
-FETF-115—nualized
Function
Outside Counsel -
Comments
Savings
Advise
Reed & Davidson
Firm on $2,000 per month retainer before 2009. Now
$ 24,000.00
handle all election and conflict issues in house unless
occasionally seek support advice.
Labor and Employment
OCA handles all labor and employment issues at least
$ -
Counsel
up to CSB level whereas matters routinely referred to
outside counsel in the past.
Police Legal Advisor
The Police Department had an internal attorney who
$
provided services to the department including advice on
police and enforcement issues, personnel, contracting,
Airborne Law Enforcement JPA, and other issues. This
position was eliminated and its duties returned to the
OCA.
Enforce
Woodruf, Spradlin & Smart
We brought code enforcement litigation back in house
$ 90,000.00
with the hiring of DCA Rowan and DCA Torres
Ashire & Winder
All code enforcement handled in house since hiring DCA
$ 90,000.00
Rowan and DCA Torres; we allowed cases to stay to
completion but sent no more; only two still pending -
Leason and Reumont.
District Attorney
DA handled municpal code misdemeanor enforcement
$ 10,000.00
but taken back in since we can handle more efficently
and achieve better results.
Police Legal Advisor
Formerly represented the City on Peace Officer Records
issues (Pitchess Motions); Duties returned to the OCA
Reoresent
Save Irreplaceable Land
This matter was handled on by the OCA on behalf of the
$20,000
Forms v. CNB (Aerie)
City.
Catazarite v. CNB
Handled in house for first responsive pleadings; sent to
$
outside counsel while Hunt and Beauchamp out.
Banning Ranch
OCA successfully handled trial court motion to diqualify
$ 15,000.00
Conservancy v. CNB
opposing counsel and now handling writ and appeal
proceedings re same.
Various Tort Actions
OCA has either settled or been instrumental in settling
$ 10,000.00
several tort actions filed and served on City prior to City
having to file responsive pleadings.
Administer
All legal business now
All billings and oversight goes through OCA, most
$
being administered by the
notably Group Homes
OCA
�'st, ?nfaY,J <;
$ 259,000.00
Annualized