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HomeMy WebLinkAbout24-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: Discuss and take possible action relative to the proposed Charter Amendment. Dept: CiTY ATTORNEY Date: July 19,2001 O ,.. · ,-. , . ! ~ L hi' 10.'. II ~ri Synopsis of Previous Council action: None. Recommended motion: A. Resolution of the City of San Bernardino proposing an amendment to the Charter of said City relating to Employment of Legal Counsel. B. Resolution of the City of San Bernardino submitting to the electors a proposed Charter Amendment relating to Employment of Legal Counsel; Transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. That said Resolutions be adopted. L7'~ o Signature Contact person: James F. Penman. City Attorney Phone: 5255 All Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: None at this time. Source: Finance: Council Notes: r'1-M.Qx, ,f.I,-;)CfJ{-d'l! 13-)u,JJj-iJ dCf){-O:; '1-;;- Agenda Item No. 24 STAFF REPORT Council Meeting Date: July 23. 2001 TO: FROM: DATE: AGENDA: Mayor and Common Council James F. Penman, City Attorney July 19, 2001 Item #24 As previously indicated to this body, during our first conversation following the November 2000 Special Municipal Election, Mayor Valles advised me that she was delegating future Charter Amendment proposals to the Office of the City Attorney. Currently, Charter Section 241 states that the "Mayor and Common Council shall have power and authority to employ and engage such legal counsel and services and other assistants, as may be necessary and proJ>er for the interest and benefit of the City and the inhabitants thereof." (emphasis supplied) The phrase "as may be necessary and proper" has been interpreted by current case law, published Opinions of the State Attorney General, the opinions of two different San Bernardino City Attorneys, and the opinion of Mr. Allen B. Gresham for the law firm of Gresham, Savage, Nolan & Tilden (a copy ofMr. Gresham's opinion is attached to this staff report) to mean the same as that contained in Section 2.20.040 of the San Bernardino Municipal Code: "2,20.040 Retaining special counsel. Special counsel shall be retained by the Council pursuant to Charter Section 241 subject to the recommendation of the City Attorney that such counsel is necessary in instances when legal specialization not possessed by the City Attorney is required or when the City Attorney is unable or dis- qualified from performing such legal services. Special counsel shall not be retained when the City Attorney is willing and able to perform the legal services as a part of the ordinary professional functions of his or her office. The City Attorney shall advise the Mayor and Common Council as to the experience and qualifications of attorneys considered for retention as special counsel." At the March 5, 2001 Mayor and Common Council meeting, after much discussion, the Council voted 4-2 to layover for final adoption an ordinance of the City of San Bernardino repealing Ordinance No. MC-I 091 which attempted to prevent the need to obtain City Attorney approval prior to the retention of outside special counsel services. Council members Estrada and Schnetz voted "no" (Council member McGinnis was absent), with Council member Estrada specifically stating that she wanted this issue to be voted on by the people in this November election. At the March 19,2001 Mayor and Common Council meeting, the Council voted 4-2 to adopt the ordinance which repealed Ordinance No. MC-I091, thus retaining Chapter 2.20 in the San Bernardino Municipal Code. Council member Schnetz was absent, but this time Council member McGinnis joined Council member Estrada in voting "no." Again, a "no" vote means that the individuals who voted that way did not want to retain Chapter 2.20 in the San Bernardino Municipal Code, but instead wanted an election on the issue of the role of the City Attorney concerning employment oflegal counsel. At the time of the vote, I stated to the Mayor and Common Council that I was surprised by the outcome and that I thus viewed the vote as the Council desiring to put this matter behind them. Unfortunately, recent events which include the rather brusque treatment of Council member Anderson's request to reconsider the illegal censuring of the City Attorney have lead me to conclude that a majority of the Council do not wish to put the issue of employment of outside legal counsel behind them, but rather on "hold" until after the November election when, I have no doubt, another attempt will be made to once again repeal Chapter 2.20 in its entirety. Accordingly, Agenda Item #24 contains two resolutions squarely placing before the voters in this November election the issue of the role of the City Attorney concerning employment oflega) counsel. The Charter language proposed therein accurately reflects how current case law, published Opinions of the State Attorney General, the opinions of two different San Bernardino City Attomeys, and the opinion of Mr. Allen B. Gresham for the law firm of Gresham, Savage, Nolan & Tilden, LLP have uniformly interpreted the phrase "as may be necessary and proper." Adoption of this Charter Amendment by the voterll wtmId preclude the future "game" of repealing Chapter 2.20 in the hopes of hiring outside legal counsel without City Attorney approval and thus placing the burden on the taxpayers of San Bernardino to bring a lawsuit challenging that act. Should this Charter Amendment be approved in this November election, then only the voters can subsequently change it. For those who voted against repealing Ordinance No. MC-I091 because they claimed that they wanted the voters to decide this issue, now is your second chance. For those who voted to retain Chapter 2.20 in the San Bernardino Municipal Code in the hopes of putting the issue to rest but who now realize that another attempt to repeal Chapter 2.20 will be made after the November election, thus shifting the burden to the taxpayers of this City to challenge the action of the Mayor and Common Council when they hire outside legal counsel without City Attorney approval, let the voters decide in this November election (because it seems that they will decide at some election eventually) and, as Council member Estrada has said, "the cost wouldn't be that much more because there is going to be an election anyway." Indeed, City Clerk Rachel Clerk estimated the cost for this issue to be placed before the voters this November at only $5,000. Respectfully submitted, ~ AMES F. PENMAN City Attorney attachment GRESHAM, SAVAGE, NOLAN & TILDEN, LLP A REGISTERED LIMITED lJABlLITY PARlNERSlllP LAWYERS -FOUNDED 1910 FOR nIE nRM Allen 8. Graham 600 N. ARROWHEAD A VENUE, sum 300 SAN BERNARDINO, CALIFORNIA 92401-1148 (909) 884-2171 ' FACSIMILE (909) 888-2120 WlLUAMOUTHJUE{III6oI941) DONALD W. JORDAN (l907-19I9) JOHN B. LONEItOAN (RETIRED 1976) August 9, 2000 Mayor Judith Valles City Attorney James F. Penman City of San Bernardino City Hall 300 North "D" Street San Bernardino, CA 92418 Re: Section 241 of the City Charter Dear Mayor Valles and Mr. Penman: As you are aware, by his letter of July 18, 2000 the City AttOrneY requested that our law ftrm prepare an analysis of Section 241 of the existing Charter of the City 01 Sari Bernardino. Since the request related speciftcally to the Charter rather than Cfuipter2.20 of the Municipal Code which deals with the engagement of "outside" counsel, it is presumed that the request relates only to Charter authority, as opposed to the authority created by ordinance. Accordingly, this letter directs itself exclusively to the Charter. Section 241 states: "The Mayor and Common Council shall have power and authority to employ and engage such legal counsel and services and other assistants, as may be necessary and proper for the interest and beneftt of the City and the inhabitants thereof. " Thus, in order to pursue an analysis of that Section, an inquiry must be made into what is meant by "necessary and proper". Section 55 of the Charter, in pertinent part, provides: " (d) The City Attorney shall be the chieflegal officer of the City; he or she shall represent and advise the Mayor and Common Council and all City officers in all matters of law pertaining to their offices; he or she shall represent and appear for the City in all legal actions brought by or against the City, and prosecute violations of City ordinances, and may prosecute violations of State law which are misdemeanors or infractions and for which the City Attorney is speciftcally granted the power of enforcement by State law without approval of the District Attorney, or those violations which are drug or vice related; he or Riverside Office. 3403 Tenlh StreeL Suite 518, Riverside, CA 92501. (909) 684-2171 . Facsimile (909) 684-2150 Victorville Office. 14350 Civic Drive, Suite 120, Victorville, CA 92392. (760) 243.2889. Facsimile (760) 243-0467 GRESHAM, SAVAGE, NOLAN & TILDEN, LLP AUen B. Graham Mayor Judith Valles City Attorney James F. Penman August 9, 2000 Page 2 she shall also act and appear as attorney for any City officer or employee who is a party to any legal action in his or her official capacity; he or she shall attend meetings of the City Council, draft proposed ordinances and resolutions, give his or her advice or opinion in writing when requested to do so in writing by the Mayor or Common Council or other City official upon any matter pertaining to Municipal affairs; and otherwise to do and perform all services incident to his or her position and required by statute, this Charter or general law. " From the foregoing Charter description of the duties of the City Attorney, it is seen that the person occupying that position has a great many areas of responsibility and is to act as "the chief legal officer of the City". As a public officer, the City Attorney is, by law, expected to properly and timely provide the services required of the office. Indeed, it would be tantamount to a waste of taxpayer funds if. "outside" counsel were hired to perform duties that were those which the City Attorney was expected to discharge. r_'.__....__..~., There are, however, areas of law so specialized or that require such special talents or experience that a general legal practitioner would not be expected to provide them. Additionally, occasions can arise where the City Attorney may, by reason of a conflict of interest, not be able to discharge all the duties usually expected of the office. In such instances it would be appropriate for "outside" counsel to be utilized because, without such use, the service could not otherwise be performed. This concept of avoidance of unnecessarY duplication of expenditures and services has long been followed in California. However, in most of the situations where the matter has been considered, Counties rather than cities have been involved. In Attorney General Opinion 52-36, it was stated that: " ... the courts have held that the board is without authority to contract with private parties for the performance of duties which the law enjoins upon county officers. " Additionally, in Attorney General Opinion 49-202 it was pointed out that: "It has been held that the supervisors have no power to employ an attorney to conduct litigation which by law is devolved upon the district attorney, though they may employ an attorney to assist him in such matter." GRESHAM, SAVAGE, NOLAN & TILDEN, LLP AIIea B. G......... Mayor Judith Valles City Attorney James F. Penman August 9, 2000 Page 3 As early as 1897 the California Supreme Court held: " ...it is clearly the intention of the law that the district attorney, and no one else, shall be and act as the legal advisor of the board,... The contract, then, was merely an attempt on the part of the board of supervisors to pay special counsel by the month for performing a duty which the law imposed on the district attorney.... ...to permit compensation for them would be to override the law, and to destroy one of the strongest safeguards cast about the expenditure of county funds. " Merriam v. Barnum (1897) 116 Cal. 619, at 623-625. Again, in the next year, the Supreme Court held: "If the board of supervisors could portion out the legal business of the county as appertaining to license matters to outside attorneys, it could likewise apportion to such attorneys all other branches of legal business in which the county was directly interested, and thus relieve and deprive the district attorney of the very labors which are devolved upon him by the law, and which he was elected by the people to perform, and which under his oath of office he is bound to perform. The law as it is framed does not allow such a practice. It was framed for the very purpose of preventing such a practice." Merced County v. Cook (1898) 120 Cal. 275, at 278. A city case did come up in 1916 when the Appellate Court stated: "The charter having provided a city attorney upon whom the board can call when a defense to a suit is necessary, it by implication makes it incumbent upon the board to avail itself of his services, and it cannot ignore this provision and employ some other attorney to render those services which it is the duty of the city attorney to perform." Rafael v. Bovle (1916) 31 Cal.App. 619, at 626. Then, as recently as 1975, the Appellate Court again held that the duplication of attorney effort applies to Charter cities because of the obligation of the city attorney to act. Montl!:omerv v. Superior Court (1975) 46 Cal.App.3d 657. From these authorities it is our belief that since the City Attorney is someone whom the Charter specifically directs to perform legal duties, the City Attorney is compelled to do them unless a conflict exists or specialized experience is essential. GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Allen B. Graham Mayor Judith Valles City Attorney James F. Penman August 9, 2000 Page 4 Since the determination of a conflict or the need for specialization is something that the City Attorney is most aware of, it seems most logical that before "outside" counsel can be engaged, inquiry should be made of the City Attorney to determine if a conflict exists or a need for specialization is present. If the City Attorney indicates that either of those two situations is present, then the engagement of outside counsel would be appropriate. Insofar as the selection of "outside" counsel is concerned, reference should again be made to Article 55 and its recitation of the duties of the City Attorney. There it is seen that the City Attorney is to ".. . advise the Mayor and Common Council and all City officers in all matters of law pertaining to their offices;... " . From the quoted language it is noted that the City Attorney is to "advise" the Mayor and Common Council on matters of law which would appear to include evaluation and selection of "outside" counsel. Certainly, it is to be expected that, as an attorney, the City Attorney would be aware of the expertise and reputations of attorneys that might be needed by the City. The City Attorney can also be expected to be conversant with fee ranges and other aspects of compensation. Accordingly, practicality would appear to indicate that the City Attorney should be directly involved with, and an active participant in, the selection, and terms of engagement, of "outside" counsel. ~~~ Allen B. Gresham for GRESHAM, SA V AGE, NOLAN & TILDEN, LLP ABG:tdg It is proposed that Section 241 of the Charter of the City of San Bernardino be amended by adding the following opening phrase (in bold type) so that the entire Section would now read as follows: Section 241. Employment of Legal Counsel. Upon the recommendation, and with the written consent, of the City Attorney, the Mayor and Common Council shall have power and authority to employ and engage such legal counsel and services and other assistants, as may be necessary and proper for the interest and benefit of the City and the inhabitants thereof. '-. c 16 17 18 19 20 21 22 23 24 25 26 ,- 27 -- 28 ~,@~ll 1 2 3 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO EMPLOYMENT OF LEGAL COUNSEL 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 II 12 13 14 15 SECTION 1. Recitals. (a) In accordance with the Constitution of the State of California, the City of San Bernardino, a municipal corporation, has adopted a Charter. (b) The Mayor and Common Council of the City of San Bernardino desire to submit to the electors the Charter Amendment set forth below in bold type in this resolution. SECTION 2. Submittal to Electors. The following proposed amendment set forth in bold type to the Charter of the City of San Bernardino is submitted to the qualified electors of the City of San Bernardino for their approval or rejection at the consolidated municipal election to be held on Tuesday, November 6, 2001. PROPOSED CHARTER AMENDMENT NO. It is proposed that Section 241 of the Charter of the City of San Bernardino be amended by adding the additional opening phrase in bold type so that the entire Section would now read as follows: Section 241. Employment of Legal Counsel. Upon the recommendation, and with the written consent, of the City Attorney, the Mayor and Common Council shall have power and authority to employ and engage such legal counsel and services and other assistants, as may be necessary and proper for the interest and benefit of the City and the inhabitants thereof. III III III III III III III I 6 thereof, held on the day of 7 COUNCIL MEMBERS: AYES NAYS 8 ESTRADA 9 LIEN 10 MCGINNIS II SCHNETZ 12 SUAREZ 13 ANDERSON 14 MCCAMMACK C 15 16 17 /" '- 18 19 20 21 22 23 24 25 26 -- 27 . "-' 28 I 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO EMPLOYMENT OF LEGAL COUNSEL 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meetin , 200 1, by the following vote, to wit ABSTAIN ABSENT CITY CLERK The foregoing Resolution is hereby approved this day of , 2001. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: L f-. f~ o / 2 ~(Q)~V 1 RESOLUTION NO, '- 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO EMPLOYMENT OF 3 LEGAL COUNSEL; TRANSl\.fiSSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL 4 ANALYSIS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recital. 8 A. Resolution No. has been adopted by the Mayor and Common Council 9 of the City of San Bernardino on the date of ,submitting to the electors of the 10 City of San Bernardino a proposed Charter Amendment, a copy of which is attached hereto as 11 Exhibit A and is hereby incorporated herein as though fully set forth. 12 SECTION 2. ReQllest for Consolidation of Elections. Pursuant to Section 10400 of the 13 Elections Code, the Mayor and Common Council of the City of San Bernardino have previously 14 requested by Resolution No. 2001-130 that the Board of Supervisors of the County of San C 15 Bernardino consolidate the City's primary election with the election to be held on Tuesday, 16 November 6,2001. 17 SECTION 3. Measure. The measure to be voted on at the consolidated primary election 18 as it is to appear on the ballot shall be as follows: 19 20 21 22 23 24 25 The measure shall be designated on the ballot by a letter printed on the left margin of the MEASURE . Approve a Charter Amendment to specifically state that the recommendation and written For the Amendment consent of the City Attorney is required before the Mayor and Common Council can employ and engage legal counsel Against the Amendment and the services of such other assistants. 26 square containing the description of the measure as provided in the Elections Code of the State of 27 California. C 28 II I HTC/js [4CHARTER.RES] I I RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO EMPLOYMENT OF '- 2 LEGAL COUNSEL; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFlCE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL 3 ANALYSIS - '- ".- '-" 4 SECTION 4. Canvass of Returns. Pursuant to Resolution No. 2001-130, the Registrar 5 of Voters of the County of San Bernardino has been authorized to canvass the returns of the 6 consolidated primary election and to conduct the consolidated primary election in all respects as 7 if there were only one election with only one form of ballot. Results of said municipal election 8 shall be certified to the Mayor and Common Council of the City of San Bernardino. 9 SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice 10 of the municipal election which shall contain the following: II 12 A. B. The date of the election and the hours the polls will be open. That the last day for receipt of primary arguments for or against the measure has 13 been established as 5:00 p.m. on August 17, 2001 in the City Clerk's Office, Second Floor, City 14 Hall, 300 North "D" Street, San Bernardino, California. 15 C. That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 24, 2001 16 in the City Clerk's office at the above location. 17 The City Clerk is directed to accept arguments and arrange for sample ballots, which shall 18 also include the text of the proposed Charter Amendment, in accordance with the Elections Code. 19 This notice may be combined with a notice of any other municipal election to be held on 20 the same date. 21 SECTION 6. Conduct of Election. Pursuant to Resolution No. 2001-130, the consolidated 22 primary election shall be held in such precincts and at such polling places as shall be determined 23 by the Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the 24 County of San Bernardino has been requested to issue instructions to the Registrar of Voters to 25 take all steps necessary for the holding of Ihe consolidated election. The Mayor has been 26 authorized to execute a contract for the services necessary for conducting said municipal election. 27 / / / 28 / / I HTC/js [4CHARTER.RESI 2 I RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO EMPLOYMENT OF '- 2 LEGAL COUNSEL; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATIORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL 3 ANALYSIS - " '- -, i '- 4 SECTION 7. Filin~ of Resolution. The City Clerk of the City of San Bernardino is 5 directed to ftle a certified copy of this resolution with the Board of Supervisors of the County of 6 San Bernardino. 7 SECTION 8. Transmission of Proposed Charter Amendment. Pursuant to the State of 8 California Elections Code, the City Clerk is hereby directed to transmit a copy of the Charter 9 Ballot Measure, and all other necessary documents, to the Office of the City Attorney for purposes 10 of preparation of an Impartial Analysis. II III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III HTC/js [4CHARTER.RES] 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO EMPLOYMENT OF '- 2 LEGAL COUNSEL; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATIORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL 3 ANALYSIS 9 LIEN' 10 MCGINNIS II SCHNETZ 12 SUAREZ 13 ANDERSON 14 MCCAMMACK C 15 16 17 18 19 20 21 22 23 24 25 26 27 ,r-- 28 .\",.., 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meetin 6 thereof, held on the 7 COUNCIL MEMBERS: 8 ESTRADA day of AYES NAYS ,2001, by the following vote, to wit ABSTAIN ABSENT CITY CLERK The foregoing Resolution is hereby approved this day of , 2001. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney HTC/js [4CHARTER.RES] 4 . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 'l';;l~-Ol Item # Vote: Ayes '2.., l\- fj Nays?, Change to motion to amend original documents: [) L\ A Resolution # 200 \ - 2.L\ \ Abstain .&- Absent I 0f6 2CXJ \- 2. 4; '2- Reso. # On Attachments: ~ Contract term: - Note on Resolution of Attachment stored separately: =-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD WICOUNTY Date Sent to Mayor: CZ' :J 5 -0 1 Date of Mayor's Signature: I'd Co-ol Date ofClerklCDC Signature: 1- d(.,~ Date Memol Si nature: See Attached: See Attached: See ached: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney ,/ Code Compliance Dev. Services Parks & Rec. Police Water Public Services Notes: fCJik1{t~~~ ns~) NulVVoid After: - By: - Reso. Log Updated: ../" Seal Impressed: ~ Date Returned: - Yes ,/ No By Yes No ..L.. By Yes No -L By Yes No ~ By Yes No ,/ By EDA Finance MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: 1b:L- Date: 1(- 3C'.'() \ Revised 0] 112/0 I ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): '1-73--c:, \ Item # 2",\.() Vote: Ayes L\ .1\-, Nays 2, Abstain Change to motion to amend original documents: Resolution # LCD \ -"71j 2- ...e- Absent \ SEE 2Cl<J \- Z4. , Reso. # On Attachments:,/' Contract term: Note on Resolution of Attachment stored separately: -==- Direct City Clerk to (circle I): PUBLISH, POST, RECORD WICOUNTY NulVVoid After: - By: L. 1~2bc..... Date Sent to Mayor: '1- ~5'0 I Date of Mayor's Signature: I-,)b- 01 Date ofClerklCDC Signature: /-d6-<:'\ Reso. Log Updated: .-/ Seal Impressed: ,./ Date MemolLetter en 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: Date Returned: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ..L.. No By Yes No Y' By Yes No v By - Yes No v By Yes N07 By Copies Distributed to: City Attorney ./ Parks & Rec. Code Compliance Dev. Services EDA Finance Others: CDu n "'l MIS (I~. \c..tJ2::r) Police Public Services Water Notes: ~D BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ..ffi:I::..- Date: "1-')G-<l1 Revised 0 1/12/0 1