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REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION
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~: FEBRUARY 14. 1989
SUBJECT: OUTSIDE COUNSEL
Svnopsls ~f PrevIous CommIssIon/COuncIl/CommIttee ActIon:
05-16-88 CommunIty Development CommIssIon actIon taken by motIon whIch
requIred all requests for legal advIce and opInIons from outsIde
counsel be handled by CIty Attorney's offIce.
08-01-88 ResolutIon No. 5137 was adopted authorIzIng an agreement by and
between the CommunIty Development CommIssIon of the CIty of San
BernardIno and the CIty of San BernardIno relatIng to legal servIces.
12-05-88 The CommIssIon rescInded the actIon taken on May 16. 1988. and
restored to the ExecutIve DIrector the authorIty to supervIse and
Implement all requests for legal advIce and opInIons from outsIde
counsel.
(CommunIty Development CommIssIon)
Recommended MotIon:
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Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO ESTABLISHING AN INTERIM POLICY ON CONTACT
WITH AND USE OF OUTSIDE COUNSEL.
Respe fully SubmItted,
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. ExecutIve DIrector
Contact Person: STEVEN H. DUKETT
SupportIng data attached: YES
FUNDING REQUIREMENTS: Amount: $
Phone:
384-5081
ALL
Ward:
Pr01ect: ALL
Date: FEBRUARY 20. 1989
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Agenda Item No.
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"'O,)A ITEM tNFORK!ITIOtI SUMMARY 0
GENERAL INFORMATION.
o COUNCIL
Author
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Subject
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Funding requirements
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Date
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Date
CITY DEPARTMENTAL REVIEW:
Dept
By
Date
Dept
By
Date
INFORMATIONAL DATA FORWARDED TO CITY DEPARTMENTS/COUNCIL OFFICES:
Date
Supplied To
Mayor's office
Budget authority a ~ -t'J 67 Y r
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,
Meeting date ~2. ~ CZtJ - R '7
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Project Area
Filing date
Ward
CLEARANCES:
Yes N/A
[J ~ccounting
Date
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1!:1 L RDA Committee
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II:::J L C:l.ty Atto
~e
Date
.')./.r,3'1
Date
[] ~ty Administrator
Date
By
Council Ward
Council Ward
Council Ward
Council Ward
Department
Department
COMMENTS/CONCERNS. Include pertinent comments and concerns of offices and persons clearing
the summary, such as controversial iasues, time constraints and funding complications.
Indicate dates when action must be taken.
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S T A F F R E P 0 R T
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On February 9, 1989, the Redevelopment Committee asked Mr. Dennis Barlow,
Agency Counsel, to prepare the attached Resolution for the Commission's
consideration.
BACKGROUND:
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On May 16, 1988, the COmmission took action by motion which required that all
requests for legal advice and opinions from outside counsel be handled through
the City Attorney's office and removed such authority from the Executive
Director. On August I, 1988, Resolution No. 5137 was adopted authorizing an
agreement by and between the Community Development Commission and the City of
San Bernardino relating to legal services. The Agreement called for the City
Attorney's office to handle the Agency's legal needs Including the
coordination of SpeCial Counsel assignments. On December 5, 1988, the
Commission rescinded the action taken on May 16, 1988, and restored to the
Executive Director the authority to supervise and Implement all requests for
legal advice and opinions from outside counsel. However, the provisions of
the August I, 1988 Agreement were not simultaneously amended.
The record, therefore, reflects that the Commission currently has conflicting
poliCies in place.
A very clear long-term and workable policy is needed to ensure all parties
equity and that appropriate checks and balances are in place relative to use
of SpeCial Counsel services. Staff and Agency Counsel believe that such a
polley is needed and that it can be developed and presented for consideration
within the very near term. However, to ensure that there are no
m1ssunderstandlngs in the meantime, it is reasonable to adopt an interim
policy that basically requires adherence to the general approach defined In
the August I, 1988 agreement.
It is, therefore, recommended that the Commission adopt the attached
resolution.
167lR/JlV/mv
02120189
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RESOLUTION NO. 5182
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO ESTABLISHING AN INTERIM POLICY ON CONTACT
3 WITH AND USE OF OUTSIDE COUNSEL.
4 WHEREAS, both the Redevelopment Agency of the City of San
5 Bernardino and its governing body, the Community Development
6 Commission of the City of San Bernardino have need for legal
7 services in the preparation of documents and the provision of
8 legal opinions and advice on an ongoing basis, and
9 WHEREAS, the Commission, by an Agreement dated August 1,
10 1988, has retained the services of the City Attorney's Office to
11 act as Agency Counsel, and
12 WHEREAS, the Commission, by an Agreement dated November 7,
13 1988 has retained the services of Stradling, Yocca, Carlson and
14 Rauth to act as Special Counsel, and
15 NOW, THEREFORE, BE IT RESOLVED, that on an interim basis
16 all contacts with special or other outside counsel shall be
17 initiated through the City Attorney's Office, which shall
18 determine whether the services of such counsel are necessary and
19 needed. If such contact is determined to be necessary and
~O needed, then such counsel may be contacted by the City Attorney's
21 Office or, with the authorization of the City Attorney, staff may
22 make such contact directly. Thereafter, any further contacts by
23 staff with such counsel on the specific subject may be maintained
24 without further review by the City Attorney.
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DAB: mw
February 14, 1989
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BE IT FURTHER RESOLVED ~ha~ ~he Agency Counsel and ~he
Execu~ive Direc~or are hereby direc~ed ~o develop a proposed
permanen~ policy on con~ac~ and use of ou~side counsel for review
and adop~ion by ~he COmmission.
I HEREBY CERTIFY ~ha~ ~he foregoing reso1u~ion was duly
adop~ed by ~e Communi ~ Deve10pmen~ COmmission of ~he Ci ~y of
San Bernardino a~ a Regular
20th day of February
AYES:
mee~ing ~hereof, held on ~he
, 1989 by ~e following vo~e, ~o wi~:
Commissioners E..tJ".r Estrada. Jack Reillv. Jess Flores
NAYS:
M;,..'hAD1 M;IIn~a1AYt Tnm Minor. Horine Miller
ut'WF.
ABSENT or
ABSTAIN:
day of
February
The foregoing resolu~ion
Approved as ~o form
and legal con~en~:
B~
ency' ounsel
DAB:mw
February 10, 1989
approved ~his 21st
, 1989..
".J :I?~
ai of ~e COmm i~
Developmen~ Commission of ~he
Ci ~ of San Bernardino
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14 ESTHER R. ES'1'RADA"
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SECRETAl!lC'S CBRTIFICATE
OF
ADOPTION AHD Atn'BEHTICATION
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I, STEVER 8. uu......n, Secretary of the ec-unity De;,.lOp.ent
.........i...ion, DO 8E1lE1lY CERTIFY, that the attached lleJIolutiOD is a
true and correct copy of Resolution No. 5182
adopted
February 20
.. 1989 , by the Co_unity Development OomIIli.ssion
of the City of san Bernardino, by the wte set forth below, and that
said Resolution has DOt been ~d or repealed.
Oleclt AIlPzopriata Box
COMMISSION MEMBERS
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!!!! .ABSEH'l'
ABSTAIH
(x) (. ) (. )
( . )
JACK REILLY
(x ) (
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JESS FLORES
(x ) {
) (
)
(
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HICHAEL MAODSLEY
1 x ) (
) (
)
(
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'1'CM HINCR
( x ) (
) (
)
(
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23 VALERIE POPE-LODLI\M
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) (X )
(
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HORIHE MILLER
( x ) (
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)
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'Z1 DATED: February 20
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, 19 89
H. '1"l' Secretary of the
eo- ity DeveloplDllJlt OomIIli.ssion
of the City of San Bernardino.