HomeMy WebLinkAbout33- Mayor CITY OF SAN BERN RDINO - REQUEST F `R COUNCIL ACTION
From: W. R. "Bob" Holcomb, Mayor Subject: Prior approval of Mayor and Council
relative to City Attorney actions .
Dept:
February 8 , 1993
Date:
Synopsis of Previous Council action:
Recommended motion:
That any lawsuits or appeals undertaken by the City Attorney' s
Office, or arrangements to pay investigation, expert witness, or
outside counsel fees for lawsuits or appeals filed by any other
attorney, must receive approval from the Mayor and Common Council
prior to dedication of staff resources. Unauthorized legal
pursuits will no longer be funded by the City. /`?
Signature
Contact person: Mayor W. R. "Bob" Holcomb Phone: 90r;1
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
-ouncil Notes —Af�131
�33
75-0262 Agenda Item No
CITY OF SAN BERM[_ _RDINO - REQUEST Vill COUNCIL ACTION
STAFF REPORT
City Attorney James Penman has filed a 40 page complaint against
Warner Hodgdon and Rancho San Andreas Company for alleged illegal
grading. This complaint was filed with the Attorney General after
hundreds of hours of investigation time and without review and
authorization by the Council. Not only has the City Attorney spent
precious staff resources on an unauthorized investigation, he has
committed city funds for sharing the costs of the lawsuit including
expert witness fees. Yet, he has refused to share the results of
the investigation with the Mayor and Council who are responsible
for city operations.
The City Attorney has not even so much as provided a cost estimate.
As you know, unapproved costs on the Arden-Guthrie case have
already depleted the city reserve. This case could far exceed
Arden and Guthrie in terms of the magnitude.
May I remind you that this is not the first time, nor will it be
the last, that the City Attorney's premature and unauthorized legal
pursuits have seriously drained city funds. During the general
plan suit, the City Attorney's office, filed a "friendly" lawsuit
with all developers who had projects in the stream so that the
court could determine the vesting of each project. Though the
court found the Shadow Hills project to be fully vested, the City
Attorney appealed the ruling for . this one project to a higher
court. In fact, though losing at`' each level, he took it all the
way to the Supreme Court. This cost the city $1. 6 million in
settlement costs, attorney's staff time and expenses
notwithstanding.
The Mayor and Council have a responsibility to ensure that city tax
dollars are put to the highest and best use for the citizens of
this community. It is time to cap the well!
I recommend that the Council adopt a motion whereby any lawsuits or
appeals undertaken by the City Attorney's office, or arrangements
to pay investigation, expert witness, or outside counsel fees for
lawsuits or appeals filed by any other attorney, must receive
approval from the Mayor and Common Council prior to dedication of
staff resources. Unauthorized legal pursuits will no longer be
funded by the city.
75-0264