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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