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AGENDA ITEM INFORMATION SUMMARY
GENERAL INFORMATION:
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INFORMATIONAL DATA FORWARDED TO CITY DEPARTMENTs/COUNCIL OFFICES:
Sent to
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Department
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COMMENTS/CONCERNS: Include pel1lnent comments and concerns of offices and peraons clearing the
summary, such as controversial Issues, time constraints and funding compllcetlons.lndlcate dates when
action must be taken.
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RDA .174
REV. 6-29-89
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. Redevclopment Agency · City of San Bernardino
~ Narth "D" s_~ Fourth Floor . San Bemardino, Califcmia 92418
(714) 384-S081 FAX (714) 888-9413
.e. 1n'P; ~
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S",_ H. Dubtt
Execulive DiJeclor
AUGUST 7. 1989
USE OF OUTSIDE COUNSEL
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Synopsis of Previous Commission/Council/Committee Action:
5-16-88 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.
(Continued on Page 2)
(COMMUNITY DEVELOPMENT COMMISSION)
Recommended Motion:
Adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO ESTABLISHING A POLICY ON CONTACT WITH AND
USE OF OUTSIDE COUNSEL.
Supporting data attached: Yes
Ward:
All
FUNDING REQUIREMENTS:
Project: All
Commission Notes:
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SD:AB:kp:1378S
Agenda of: Auqust 21, 1989
Item No.$-
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Redevclopment Agency
c::: Svnopsls of Previous Commission/Council/Committee Action: (Continued)
12-05-88 The Commission rescinded the action taken on May 16, 1988.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.
02-14-89 Resolution 5182 was adopted establishing an Interim policy on
contact with and use of outside counsel.
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Redevclopment Agency
STAFF REPORT
On February 20, 1989, the Commission adopted Resolution No. 5182 which
established an interim policy relatIve to staff contact with and use of
outside counsel. The Resolution also directed staff to propose a permanent
policy for subsequent review and action by the Commission.
Both staff and the City Attorney's Office agree that the Interim policy
establIshed In February has been effective and efficient In addressing the
Agency's legal .atters. It Is, therefore, recommended that the Commission
adopt the attached Resolution establishing the current practice whereby all
legal contacts with and use of outside counsel are coordinated through the
City Attorney's Office as the permanent policy of the Agency.
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RESOLUTION NO.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO ESTABLISHING A POLICY ON CONTACT WITH AND
USE OF OUTSIDE COUNSEL.
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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 the law firm of Stradling,
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Yocca, Carlson and Rauth to act as Special Counsel, and
WHEREAS, from time to time, the Agency and the Commission
16 anticipates having need for other outside Counsel for specialized
17 services, and
18 WHEREAS, the Commission by Resolution No. 5182 adopted on
19 February 20, 1989, established an interim pOlicy on contact with
20 and use of outside counsel and directed staff to propose a
21 permanent pOlicy for review and action by the Commission,
22 NOW, THEREFORE, BE IT RESOLVED, that all contapts with
23 special or other outside counsel shall be initiated through the
24 City Attorney's Office, which shall determine whether the
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services of such counsel are necessary and needed.
If such
26 contact is determined to be necessary and needed, then such
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counsel may be contacted by the City Attorney's Office, or with
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1 the authorization of the City Attorney, staff may make such
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contact directly. Thereafter, any further contacts by staff with
3 such counsel on the specific subject may be maintained without
4 further review by the City Attorney, however, outside or special
5 counsel shall continue to be supervised by the City Attorney.
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7 I HEREBY CERTIFY that the foregoing resolution was duly
8 adopted by the Community Development Commission of the City of
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San Bernardino at a
meeting thereof, held on the
day of
, 1989, by the following vote, to wit:
AYES:
Commissioners
NAYS:
ABSENT:
Secretary
The foregoing resolution is hereby approved this
day
of
, 1989.
Chairman of the Community
Development Commission of the
City of San Bernardino
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23 Approved as to form
and legal content:
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Agency Co el
DAB: br
July 6, 1989
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