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CI~ OF SAN BERNARD~O - REQU~T FOR COUNCld~N
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From:
Raymond D. Schweitzer
City Administrator
Administrative
Subject: Authorize execution of Joint Exer-
cise of Powers Agreement by & among
the Cities of the County of San
Bernardino for the purpose of filing
a common legal claim for traffic
fines due 17 Countv Cities
Dept:
Date:
June 25, 1987
Synopsis of Previous Council action:
NONE.
Recommended motion:
That the City of San Bernardino participate as a member of the
Joint Exercise of Powers Agreement among 17 County Cities for
the purpose of filing a common legal claim for traffic fines
due to the City and that the City Attorney be directed to prepare
a resolution authorizing the execution of said agreement.
Contact person:
R
Phone:
5122
Supporting data attached:
Yes
Ward:
FUNDING REOUIREMENTS:
Amount:
$9.llS
Source: /
Finance:
Cou nci I Notes:
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STAFF REPORT
Over the past nine years (since Proposition 13), the City's
fines have dropped and shown a very erratic pattern. Even
when the City assigned four more motors to the Traffic
Division, there was not a dramatic increase. I am aware of a
50,000-population city in Nevada that receives approximately
$1,000,000 annually in municipal court fines. While the City
of San Bernardino nearly three (3) times larger receives but
a small fraction of that!
It would appear from my basic calculations, that the City has
lost $1.6 million to the County through their collection
procedures over the last seven (7) fiscal years.
Enclosed with this memo is a request from the City of
victorville representing all the other cities in the County
to join them in a Joint Exercise of Powers Agreement to file
a common legal claim to allow for all 17 County cities to
pursue what is rightfully theirs under Penal Code section
1463.1(c). Our current estimated share of the cost of the
lawsuit is $9,115.00.
The Grand Jury 1986-87 Interim Report of the Administrative
Committee on Traffic Fines and Forfeitures released February
25, 1987 found that "... a sign i flcant problem exists in the
equitable distribution of traffic fines forfeitures and
assessments between the incorporated cities of San Bernardino
County and the County General Fund."
RECOMMENDATION
I would strongly recommend that in view of the financial
straits the City is in, that the Mayor and Common Council
authorize the City Attorney to reVlew the attached Joint
Exercise of Powers Agreement and that the Mayor be authorized
to sign it.
submitted,
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Attachment
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JOINT EXERCISE OF POWERS AGREErlEi'IT
BY AND AMONG THE C IT rES OF THE COUNTY OF SAN BERNARD j[,11J
1. Parties. This -J0int E.:'e!-cise of PCrwe,s Agreement, jiited
for the purpose of reference only, is entered into p'Jrsuant to
Governmellt Code Section 6502 by and dmong the following public 2ae!~ci2s:
Ci ty of Adelanto Ci ty of Montclair
Ci t,( of Ba,-stow Cit)! of Needles
Ci t'y of Big Bear Lake City of Ontario
City of Chino City of Rancho Cue amo .19 3.
Ci tv of Co 1 ton City of Red 1 al"ds
Ci ty of Fontana Ci ty of Rialto
Ci ty of Grand Terrace Ci ty of San Be,-nardino
Ci ty of Lama Linda City of Upland
City of 'Jictorville
2. Recita13. E6Ch P~rty to this agreement is a municipal corpcr3-
tion, dul')" authorized and existil1g under the laws of the State !Jf Cal ifo;-
I-'ld, and situated within the bcundaries of the County of Sa:-! BEI-lld,-dino.
As such, Gcvernment Code Section 34501 grants to each ?arty the pCHel- to
SUE and be sued in its own name.
A Jispute has dl-iseli beb.:eel1 the Pal-ties a:ld the CCU:lt; :.f :;:i:'l
8e..-nardir:o regal-ding the collection and distribution of fine::: d,-"j fel fi:.'l-
t'.JI'es collected by the County of San Bernardino. The Pa,l-he: b~l iE-.E tt':3t
5ince 1980 or before, the County of San Eernardi\1o has impl'cper ~ _ '1\ tr"hc:]d
the pl-oceeds .Jf certain fines 3nd fal-fei tures '""hich should he E beell
distributed to the Parties pUl-suant to Penal Code Section 1463. I.je;.;:~tl~'
tions (tojith the staff of San Bernar,jilio Count-y. urging the C:"J"t. ~':o ':~3=e
this p~actice and to return monies improperly withheld~ ha:E bee0 l!:1::0C-
:essful. The Parties ther~fore desi,-e ta pUI-sue thei,- c~n'0101' ~Qal 0
filing slJit ag3i~st the County of Sa~ Ber1ardi0o.
3.::lu<co:-e. Th;=; purpose of this ilg!-eei'11ent is to D\-''J.:-je =':" '.1-,=
efficient resolution of the Parties' common legal claim. Although eact\
Party has the right to bring silnilal- litigatiorl separately ill its ow" (ld~\e,
the ce,:ultlng litigation b'l all 17 cities ....Jould be du~lic::3.ti e dl-'C. ie' ~C"\,,:
Cdse5, pl-Ohioitively costl/. Thr-ougn this agreement, tn~ Pal-.tie: 1?51 2 t:
-:.::t f"erth tho: te'-ms and conditions under Jl'lhici': cne action .0.3-', be .~jint-3J"e'J
JI'! behalf of all Pal-tie5; tD pl"o-'ide for tr:e manage'Tle:-:t 31;d di, s,'.:ci-J'" :Jf
such liti:;;atiO'1~ to pI.ovlde fe'i- the allocation of litiqatie,-, ~ CEl"o==5: ;;.)
:~ ,=et fr:I-~h"ai-ioJus athet- "ld,tte:'s \elati~lg to the pl-Q:e::'_~ti:'lt ::f ~;,e
citi~~ ~lai,n5 against the Cau0tJ of San Berna~oino. The =3:-~j~: 'J: ,~t
i i-I te\-'d " ':i~eate a separate publIC ag2'lcl thl-ough this .:'J'-='='il'?l!t ~"rj "'_
,J'-w;lsicFl of this agree1ne('\t 5~C"..llj be so cD:'"\stl-ued.
.... '~ljthcriz3tiDil to f='ile_SuLt.. 8"/ e:":ecwtlo" 'Jf thl.: 3:1'-ee-'-"e-',~! ~3::';--'
P3'-t.:. autnc..rizes alid di,-ects that sl..ii~ be filed and dili''JE,..~1 CI,!'-="O=:'J.
the liarne.::; of" the Pal-ties, ag3.i(\st tne COU;-,t/ of 53.11 Ee:';ioi"cLI-,Q. i c: 2":'=1-:j
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of SU~'E:I-ii::ol-::; and such ad(ftlnlstl-ati',e offic'?rs as ,lldV be -3DP('JD!.i.:3~e, fOI-
the general pucpose of insurir'lg the p(oper distribution of fj I'e: 3,"'!Ij
fO~feitures under Penal Code Section 1463 and securi'lg reca~nIEI,t to the
P:3rties~ "'lith such intel-est ard penalties as :nay be aj:prop: i:3te~ :31J =LlCh
fine:: dlld fOI-fei tures which ha'/e been impl-oper ly wi thheld D'> tho? f=OUI-ltv of
San Bernardino.
5. edministratioli of Aoreement. ihe administration .~f the 3c1:'.i'./i-
ties called for in this agree~ent is delegated to and vested in an AdminlS-
ti-ative Committee. The Administrative Committee shall be CQrH~1 lSL'rl '-If the
city managers of Fontana, Redlands and Victorville.
Each member of the AdmillistJ-ative COfnmittee stL3.11 be. 3t 211
times, an officer or employee of a Party to this agceeloent. If an, loe:ncel-
C"2d:3eS to be an officer or emplovee of a Party, O( if the 1)lerlloe\ '5 3g=tK,
ceases to be a Par ty to th i s agree~en t, a new member sha II be pl-c,r~ t L
selected if1 the sante manner 3S the o~iginal member. The AdmiJli5trati~e
COlOmittee shall \...:eep all Part-ies informed of the composition of the :0\f\lnit-
tee.
The AdministrativE COfflfrlitree i=. 3.util'Jcized 3t"ld dil ectEd, O!I
b~half of all Parties, to perfor,n all acts necessar~ or desirable tc
execute 3nd administer this Ag~eemel't including, but not li,~ited t8:
sell:2cti'1g and retaining legal counsel; providing day-to-da'y iT1al;~ger(lE'lt 31-,0
Jil-'~ctio:-I cf the litigation, il-lcluding the !-ight to detenlJillE :31l '11-3tt2t-S
sf t'1cti,:.; and strategy an which legal counsel reque:=ts directicn; 3ut::,]
l;:ili'~~ e'..aluati:clg and lllonitol-i'lg legal e~:pellS2S; a(~d cOlldu'.:ti"q =e~tl=!ll~,-tt
neq:Jti3.tiu.1S, if any, provided that an'! pr.)posed settlement 3ql.e'2lftent ;:il.:'il i
l-equir-e the unanimous consent of all agef"ICies then Par-+::i tJ i.he ~"';I12er1le!.'t.
o. ~ccountinQ Services. The Directcr of Fil1ance of the Cit. -~
Victof'/ille shall provide accounting serVlces for all paYlnents ,3nc ecejcts
I-equil-ed b:/ the terms of thi5 3greernel1t, and shall b= l-es:oc'l:ible l-]t t,r-IE
5afekeeping of all funds paid by 01- to the Partie!: to this: Aqleeflv=l,r.
7. '2bli-:lation of the Parti?s. Each Party t.D t,hi= 3~' eeIIlE'I( :::h:31i:
a. P3.y, upon dema,rld, its "aopropriate shal-e" of all e ~e'-'=es
il-,i:U~'(2d ill ":he pel-fcrmance of acti.fities .:alled for C'y thi:: ~gl ::?e'lient.
The 'app,-,:op..-iate share" of each Pa':-ty shall be calculated :3.= fel1:"_J=:: 31:
2~;pe"S2S snaIl be apPol-tiol1ed a,rno'lq tr,e pal'ties ~"1li th each Ps1't t'E:?1 ill'~ tr.e
sa'ne percentaqe of those ~."':pe,lses ,t'Jhich chat Pai-t'I'S P:PU13ti'Jl tEe::: r,-::
the ::..:q:tulatio;1 af all pal-ties t'J tile Aql-eemellt. F'Jf th: C:'UI[:'J=-= Jf
6PpJOI"tionirq all e~'penses il1c:"'l1-red under this agreement, the re\-tie= :?:l ~e
that t.he f-:dlG~'Jif,g table acc'._w3tely I-eflects tile F,3\-ties t':' t!"":j~ <..:.qi :::=:II~:-'~'
the ;Juulll3ticn of e3cn Pal-tv. the population of all Partie:. :?IYj ~t.<=
['El-c:ni: ':Jf e-3cn Partl/'s populatioll '.Nith l-espect to trlE pop'..:L:,CtQII ,=,f a~ i.
Fal- :-ie:=:.
Pel C~I':
City of Adelanto
Pooulation
'+,703
'?!_TC'.t ~l
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Ci t, of Barstow
2(),560
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City of Big Bear Lake 5.B36 ...,~"
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Ci tv Df Chino 52,01" 6 . qo ~~
City of Colton 31,661 '" .20',:
Cit'! of Fontana 59,978 7 . q6:~
City of Grand Terrace 9,877 1,3! ';
Ci ty of Lama Linda 12,588 1 . 6 7~~
Ci ty of Montclair 25,298 3.36~,
C1 t,. of Needles 5,200 . ~=i~!.
Ci tv of Ontario 113,619 15, 09~;
City of Rancho Cue amQ ng a 80,"20 10,68:',
Ci ty of Redlands 5",156 7 . 19~~
Ci ty of R1alto 56.432 - . I~q~~
City of San Beranrdino 137,277 18.231;
C1 ty of Upland 58,9"1 -; . 82~~
C1 ty of V i dory i 11 e 2",754 3 ....-.'
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753,314 1 I).). O;~
In the event ~f termination by any Party to this Ag(ee.nent,
th~ Director of ~inance of the Clty of Victorville ~hall rec31cwlate the
3plJlC'pciate :;har2 of EidCr, Pal-t-'l to the ::"gl-eemer.t based '.J;J'Jn t.he fi~I.J\ E: 5e~
fort;, above and shall notif'y each Party of the results of that l-='C:3.j._~I.Jl21
tiol'"!.
b. Upon e>:ecutioi1 of this a,~reemejit, pay to the :=:ll:1I',ce
Directol- of the City of Victor~ille the sum listed after th~ n~ms Mf ese"
Part'"!'1 l.'JhlCh sum \-eDI-esen1;S e3ch P;rt.",-'5 apc:n~pi-iate Sh-3l-e :Jf i,he fl,-:t
"fea;- 's '2': t i fT\a ted 1 egd 1 e:~pen-5es:
~o tal
CiT"! of Cjdel anto
,- - tv OT Barst-olioJ
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Ci t I of Eiq Bear Lake
C l r , of Chino
Cit , af Col ton
310.00
i,365.00
385.00
3,~50.00
2,100.>)0
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L 1 tl of Fontana 3,980.00
Ci tv of Grand Terrace 655,00
City 'Jf Lama Linda 835.00
City of Montclalr 1,680,00
City of Needles 345.00
Ci'ty of Ontario 7,545.00
City of Rancho Cucamonga. 5,340.00
City of Redlands 3,595.00
Ci t'l of Rialto 3,745.00
City' of San Bernardino 9,115.00
Citv of Upland 3,Ql0.00
City of Victorvi lIe 1,645.00
$50,000.00
,- Pay, upon d'2maI1d, it5 appl.opriate share "Jr" litl'.;Iali',JI'
expenses which exceed the first ~ear's estimated e~pen5es set forth ~nder
subparagraph b, above, or which are incurred after Jul; I, 1087.
All bills and invoices for expenses 10curred cur~~ant to
thls ~greEment shall be dir~cted to the Director of Finance of ~he Cit! Jf
'Jictl1r'./il1~, l\lnQ shall calculate the amCLn,t cy.1ed by each Part.,. urOE'i the
foJr.mula set fo',-th in =lJbsecti'Jj~1 a, abo','e, ard bill E-3ch Par~-/ 3c'::'t-di"'";JL'.
Bills ;!1all be prepared for each calendar quarter in which ~cti it ::C'Ji'S
a,ni) ::;qall be payable to the City of ")ictar'Jille i:T;i'pedia-tel '_IPC"1 demBl-'U.
2.
al"ly Pal",
T.e!-mii1a,t.i.Oli of c..Q!-~~IT~ent. ;i'"11.~ ag\-~eme\-,t ~h311 tel ,,,i!,~;.=, __
~Don occurrence of any of the following cQllditlons:
a. is Clays pl"io' ~'j,itten 11otic2 of te,minatl'JI'C' c- ~I'. ....31::-.
qi'.~en to the then chairDerson of the Acmi"ist,at:iiE Co,nmittee: ;: ,., :':'E,j.
r-'Oil<IE.,"e,. that t.he terminati,-,q Pal-t',- shall be liable fQ'- it;: 32[" 'Ji" ,-=.te
shai-e of a.!""1\ e:.:penses ir_c'_irl-ed up to the date notic:: 'Jr t,=,.,n:ns.t:Cl" }.=
'-eLEi-.~ed ~k;ic.h 2'iCee.j the te':.mi!idti(dJ PaTe-/': -:ont.;-lc'uti'Jl' u\"Je' ':::'\ :!'J,-sc,r
'7.b., and ;:\-'J-,.-ijEd fu.thEIi-, trias i11 no EVe,:t 31"16.11 a t:erini',"'-3tj!\'J .-.=
E1-,t.itled to a. ,.ef;...li\d Df ::.11 G(- o3l1', par-t of it."; c:lnt;-ib'~,tiJ" '\l~d~ ":'2'
;Jaraq!dph '-.c.
Q. ~ljtc"11ati:all'/, :"\1:,on the f~ilure cf :3 iT:' P,=-.,-r. !.'J D:! ;l:=
apc'oo~iate ~ha~e o~ litigation eXPEnses withir 60 daY~ of d~~e cf j0 cice.
.
:;. ~l-':lend:lJeT1t. Thi; ;'q\-~e!TIent (nay be amended at 3\"'f ti.,\e '_'1'[\\' !:rle
acprov3l af all Parties tc the Aqree!nent.
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Callf'Jrnia bi:
crr: C'F S':'N BERnARDINO
By
!'-"layor
APPROVED AS TO FORM AND CONTENT:
Ci ty At tOlney
1987 .,
ATTEST:
By
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CITY OF SAN] BERNARDINO
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300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 9241B
JAMES F. PENMAN
CITY ATTORNEY
(7141384-5355
June 30, 19a7,
Opn No. a7-36
10.37 700.1
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Honorable Mayor and Common Council
Re: City Council, Power to Retain Counsel
QUESTION
Can the Mayor and Common Council retain outside counsel? If
the a~swer is in the affirmative, must the Mayor and Common
CouncIl first obtain the approval of the City Attorney before
retaining outside counsel?
ANALYSIS
The question centers on the interpretation of two Charter
sections which seem to conflict. Charter SectIon SS(d)
provides:
"The City Attorney shall be the chief
legal officer of the City; he shall represent
and advise the Mayor and. Common Council and
all City officers in all matters of law
pertaining to their offices; he shall represent
and appear for the City in all legal actions
brought by or against the City . . . "
(Emphasis added)
Charter Section 241 authorizes the Mayor and Common Council to
employ legal counsel:
"Employment of legal counsel. The Mayor
and Common Council shall have the 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."
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Mayor and Common
June 30, 19B7
Page Two
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Council
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The courts characterize the seeming conflict between Sections
SS(d) and 241 as a question of a public agency's authority to
contract for special services where a regular officer or
employee of the agency is obligated by law to perform such
special services. The rule is:
"Two sections of the Government Code . . .
expressly authorize a general law city, and other
public agencies, to employ and compensate personnel
for the performance of 'special services.' . . .
a public bodv mav not validlv do this where a
reaular officer or emolovee thereof is obliaated
bv law to oerform such services (citations) and is
willina and able to do so as Dart of the ordinarv
orofessional functions of his oosition.
"[Tlhis oroscriotion aoolies to a chartered
citv whose charter imposes upon one of its regular
officers, the duty to perform the services in question
, , ," Montaomerv v. Supreme Court, Countv of Solano
(197S) 46 Cal,App.3d 657, 66a, 121 Cal.Rptr. 44)
(Emphasis added)
When this rule and the general rules for the interpretation of
Charter provisions are applied, Charter Sections SS(d) and 241
are not in conflict.
The applicable rules of Charter interpretation are:
"All provisions relating to the same
subject must be construed together so as to
harmonize with each other. If two apparently
conflicting sections can fairly be given an
operative effect through a different construction,
that construction will be given to avoid the
conflict. . ." (45 Cal.Jur.3d, Municipalities
Sec. 59)
The two sections harmonize where the Mayor and Common Council's
authority "to employ such legal counsel . . . may be necessarv
, . . " is read to make the Mayor and Common Council's
authority to hire contingent on a finding of~. The ~
test is the one stated in the Montqomerv case. The Mayor and
Common Council must find that there is no regular officer of
the City required by law to perform the service or that the
officer is disqualified or not willing or able to provide the
legal service as part of the ordinary professional function of
his position. When construed in this way, the apparent
conflict between Charter Sections 241 and SS(d) is resolved.
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Mayor and Common Council
June 30, 19a7
Page Three
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San Bernardino Municipal Code Chapter 2.20 is a specific
expression of the Montaomerv rule as it applies to the City
Attorney. San Bernardino Municipal Code Section 2.20.070
provides:
"Any City officer desiring legal services
concerning City business from legal counsel other
than the City Attorney shall first . . . determine
whether the Citv Attornev is willina and able to
orovide such services . . . No City officer shall
utilize outside legal services concerning the City
business without the approval of the City Attorney
or Council , , , " (Emphasis added)
In the absence of San Bernardino Municipal Code Chapter 2.20,
the Charter mandates the basic relationship expressed in that
section. Addressing the issue in another context, the courts
have given an insight into the policy reasons behind the rule
let out in Montaomerv:
"The law will not indulge an implication
that a public agency has authority to spend public
funds which it does not need to spend; that it has
authority to pay for services which it may obtain
without payment; or that it may duplicate an expenditure
for services which the taxpayers have already provided."
Jovner v. Stockton (1961) 14 Cal.Rptr. 49, 54.
CONCLUSION
The Mayor and Common Council may retain outside counsel, but
they must first obtain a determination from the City Attorney
that he or she is either unwilling or unable to perform the
desired service.
R7:,SP ctf,ullY submitted,
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j HN F, WILSON
Deputy City Attorney
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cc: City Administrator
City Cleek
Concur:
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,City Attorney
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(0'1' OF
VICTORVILLE
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Ra~ Schwelt:e!-, City Ajmi~is~r3~o(-
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3,)0 1"10r th 'r::: 3t.-eet
Sat' Se'-'-,d.--jil.!'J1 CA ':)2.:..18
I:'ea\- Tk. 5:r-'vH?it::er
:r.e alto!""']j \;h,,:!t '-j'J'...IJ t,e i,,-,'~'('l,,~d In IJL,il- litiqatioll against the CO'Jllt','
regai-ji'"lg tl-;E distritJutic'l of fi)lES '1io'.Jld be Elizabeth Silver of the fi"f\
of l1e~ei-~, ~id~e. RibdC~ ! West. T~e fil-m is based it, Sail Ledlldra. ~-
Silv~r has bee., an attorney fOI- the City of Sacrawento and an Assistant
Cit,., ;~itl"J:-r-'e/ fc;r t~o Cl~le= i.-, l:he Ea3t 8a ai-ea. She h:3s been s:Jcces-:ful
In ~ettinq tViC other cownt~es to return :0 the cit:es their I-ightful share
Qf ~i'le= .l; U,,:: 53m2 ~indJf pi-,Jc-:?ecil>g ::..: ,-Ie :3(e contemplatil.:q ~t this
tilie. ~he fl:.:;:t ~'Ias Sd..C,arne;lto CCLJllt,. the 5ecol',d Alameda ['Junt-y. She is
'"IO'~, 'I_~" e; i:l~ 211qaqed 11'-1 sue;") -3. ='.Jit tCtI- tne cities of Conti"a Costa C::L.;tV.
n-,e j!..i:CE' 1'"' t:-~E-.t ca~e has -uled unofflcia21/ in the favor of the citie:.-:
:J1",.j ~~- .;.;-;::~,.::ted to 1j1-':1i'lt :5 \:i:JtlOI' f:;," Ga,-.tial Su~'n,nd\- j...dg1ne(lt oq~il-I=t ,:ha.t
C~="-I:-; t 'j' :3 t th i:,:. t lrr,e. A ::JC)\' :Jf b :c';lr-a~~h i cal t (dol-mat iell 011 :"15. Si 1, =1- i::;
-?'-'.:l':'sed Fe.- ':'-l!" i:lf'J";TIati;jn.
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i2~r intere~t ii' th15 litlgatio~.
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ELIZABETH HASSARD SILVER
I . EMPLOYMENT
Member of firm of MEYERS, NAVE, RIBACK & WEST.
Assistant City Attorney of Dublin since 1985.
Assistant City Attorney of San Leandro since September 1980.
Deputy City Attorney, Sacramento, 1975 to 1980.
Private practice RUPRECHT, DELICH & U'REN, San Francisco, 1974
to 1975.
Vallejo City Unified School District, Vallejo, CA
English and History Teacher (Junior High School) 1968-l971.
II. EDUCATION
University of California, Hastings College of the Law,
J.D., 1974.
University of California at Berkeley, Secondary Teaching
Credential, 1967, English.
Northwestern University, Evanston, Illinois, B.A., 1966,
English.
III. PROFESSIONAL ORGANIZATIONS AND ACTIVITIES
Panelist, League of California Cities Continuing Education
Seminars on Personnel Matters, February - March, 1985.
Judge Pro Tern, Fremont-Newark-Union City Judicial District.
NIMLO Section on Personnel and Labor Relations, contributing
member to 1984-85 Annual Report.
Alameda County Bar Association, Legislation Committee, Courts and
Rules of Court Subcommittee, 1983.
California Women Lawyers, LegiSlation Committee, 1983.
Ov. PUBLICATIONS
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"The Changing Character Of At-Will Employment", Western City
Maqazine, League of California Cities, June, 1987.
"Rose v. City of Hayward: Inclusion of HOliday Pay and Uniform
Allowances for Purposes of Calculating PERS Benefits", City
Attorneys' Department, League of California Cities, 1983 Spring
Meeting co-author,
"Sacramento Defends Termination of Police Officer for Use of
Marijuana", Municipal Attorney, July - August, 1980.
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MEYERS. NAVE, RIBACK " WEST
Attorneys at Law
MEYERS, NAVE, RIBACK " WEST was formed to provide cities, redevelop-
ment agencies, special districts and other public entities with a
full service law firm capable of handling all legal needs in a cost
effective manner. The firm has the depth and breadth to act as City
Attorney or Special Counsel to cities, agencies and districts
desiring a contractual relationship as well as possessing the
specialized expertise generally relegated to outside counsel in the
areas of eminent domain, labor, public contract, fair political
practices, public entity tort defense and redevelopment,
STEVEN R. MEYERS. Mr. Meyers is a partner in the firm and serves as
contract City Attorney and General Counsel to the Redevelopment
Agency of the City of San Leandro, having been appointed to that
position in 1979. Mr. Meyers has concentrated on the practice of
municipal law since 1974, He has been active in the League of
California Cities, having presented several papers and served on
many special committees, including the standing Committee on
Legislation. Mr. Meyers has practiced virtually every aspect of
municipal law, and in particular has emphasized the areas of
redevelopment, revenue, land use, environmental law and eminent
domain. As Redevelopment Agency Counsel, Mr. Meyers negotiated and
prepared all legal documents for the disposition and development of
agency property for a major shopping center and other redevelopment
projects. Mr. Meyers has handled a number of environmental and land
use cases in both federal and state courts and from trial to
appeal. He was President of the Bay Area City Attorneys Association
and in 1984 was selected by the United States Conference of Mayors
for the John J. McCloy Fellowship in Urban Studies.
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MICHAEL R. NAVE. Mr. Nave is a partner and has twenty years of
experience in the practice of eminent domain, inverse condemnation
and redevelopment. In addition, Mr. Nave is the City Attorney for
the City of Dublin. During his years of practice, Mr. Nave has
represented over fifty different local public entities in the trial
,of eminent dordain cases, land use cases, and public works
litigation, Mr, Nave received his Juris Doctor degree from Hastings
College of the Law in 1964. He is an active member of the Alameda
and San Mateo County Bar Associations, Condemnation Committee of the
State Bar, and the International Right-of-Way Association. He is a
past president of the San Mateo County Trial Lawyers Association,
and has served as a Judge Pro Tem of the San Mateo County Superior
Court. In addition to public agencies, Mr. Nave serves as trial
counsel for private companies including Shell oil Co., Montgomery
Ward and US Sprint. Mr. Nave is a frequent participant in programs
dealing with public land acquisition.
MICHAEL S. RIBACK. Mr. Riback is a partner and has fourteen years
experience as a municipal lawyer. From 1972 until 1979, Mr. Riback
was Deputy City Attorney in Redwood City and from 1979 to the
present has been the Chief Assistant City Attorney for the City of
San Leandro. As a partner in Meyers, Nave, Riback & West, Mr.
Riback provides additional depth in the general aspects of municipal
law, but has special expertise in the fields of public works
contracts, public safety, labor, and land use matters. He has
practiced in federal and state courts and presented matters before
arbitrators and administrative tribunals. Mr. Riback has served as
counsel to planning commissions and zoning boards and has drafted
comprehensive zoning and subdivision ordinances. Mr. Riback has
handled many code enforcement matters and while with the City Qf___
Redwood City, participated in litigating the seminal case on
political sign regulation, Mr. Riback has presented papers to the
League of California Cities and has served on committees for the
League and National Institute of Municipal Law Officers as well as
local bar association committees.
NATALIE E. WEST. Ms. West is a partner and is the City Attorney of
Novato and has served as special counsel to San Jose, Oakland,
Livermore, Palo Alto, Berkeley and Los Gatos. She was City Attorney
of Berkeley from 1980 to 1985, Ms. West provides particularly
important skills to Meyers, Nave, Riback & West by virtue of her
having been Director of the Legal Division of the California Fair
Political Practices Commission. In that capacity, Ms. West
developed expertise in advising local government on all facets of
conflicts of interest laws. Since leaving Berkeley in 1985, Ms.
West has specialized in municipal law with special emphasis on
taxation, land use, election matters and conflicts of interest, She
has actively practiced before state and federal courts both in trial
and appellate appearances. In addition to her practice, Ms. West is
President of the League of California Cities City Attorney's
Department and served on the Legal Advocacy Committee of the League
of California Cities.
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ELIZABETH H. SILVER. Mrs, Silver is a partner and currently serves
as the Assistant City Attorney for the Cities of Dublin and San
Leandro. From 1975 to 1979, Mrs. Silver was Deputy City Attorney
for the City of Sacramento. With a total of eleven years
experience, Mrs. Silver has emphasized labor law, retirement issues,
environmental law, redevelopment, eminent domain and special assess-
ments. Mrs. Silver has handled complex class action matters
including serving as counsel to the class representative for all
cities contracting with the Public Employees Retirement System.
Mrs. Silver also represents all cities in Contra Costa County in a
suit over the County's distribution of fines and forfeitures
revenues. She also has special expertise in the areas of annexa-
tion, detachment and reorganization of local public entities and
special districts and has handled special assessment proceedings,
including foreclosure of delinquent special assessments. Mrs.
Silver has presented papers to the League of California Cities on
personnel matters and serves on co~~ittees for the League as well as
NIMLO.
OF COUNSEL:
THOMAS F. BERTRAND. Mr. Bertrand has thirteen years experience in
the area of public entity tort defense. Mr. Bertrand serves Meyers,
Nave, Riback & West of counsel in order to provide our clients with
special skills in this demanding area of the law. Mr. Bertrand has
represented the Cities of Pleasanton, San Leandro, Fairfield, San
Rafael, Novato, Hayward, Tiburon, Sausalito and Fairfax, as well as
other special districts and school districts. Mr. Bertrand's
specialty permits Meyers, Nave, Riback & West to offer public
entities a full service law firm.
MEYERS, NAVE, RIBACK & WEST