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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Diane C. Roth
Sf. Assistant City Attorney
Subject: Resolution approving the addition of funds to
the City Attorney's Office FY 2011/12 budget for
outside counsel for Sipple, et aI., v. City of Alameda, et
aI., L.A. Superior Court Case No. BC 462270 and
amending the City's FY 2011/2012 budget to reflect the
change.
Dept: CITY ATTORNEY
Date:
Synopsis of Previous Council Action:
7/18/11
Mayor and Council approved in closed session the retention of Colotuono & Levin to
represent the City in Sipple, et aI., v. City of Alameda, et al., L.A. Superior Court Case No.
BC 462270.
Recommended motion:
That said Resolution be adopted.
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Contact person:
Diane C. Roth
Phone:
5355
Supporting data attached: Staff Reoort
Ward:
FUNDING REQUIREMENTS: Amount: $6,000.00
Source: ACP reserves or liabilitv reserves or some other source as
determined bv the Mavor and Common Council
Finance:
Council Notes:
Agenda Item No. It)
tJ<if ~() (- J-tJ t I
STAFF REPORT
Council Meeting Date:
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
July 19, 2011
August 1, 2011
On July 18, 2011, the Mayor and Common Council approved in closed session entering into
ajoint defense agreement with a number of other California public entities and joining with the other
entities in retaining the law firm of Colontuono and Levin to represent the City in the case of Donald
Sipple, et al., v. City of Alameda, et aI., Los Angeles County Superior Court, Case No. BC 462270
("Sipple").
On June 29, 2011, the Mayor and Common Council adopted the City Attorney's Office
budget, which included only $81,000.00 for outside counsel, and did not include sufficient funds to
pay for outside counsel for Sipple. The cost of outside counsel for this case in FY 2011/2012 is
expected to be approximately $6,000.00.
Therefore, the City Attorney's Office requests the amount of $6,000 be added to its FY
2011/2012 budget.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO TO INCREASE THE CITY ATTORNEY'S OFFICE BUDGET BY
3 $6,000.00 TO PAY FOR OUTSIDE COUNSEL IN DONALD SIPPLE, ET AL., V. CITY OF
ALAMEDA, ET AL., LOS ANGELES COUNTY SUPERIOR COURT, CASE NO. BC 462270
4 AND AMENDING THE CITY'S FY 201112012 BUDGET TO REFLECT THE INCREASE.
5 WHEREAS, On July 18, 2011, the Mayor and Common Council approved in closed
6 session entering into a joint defense agreement with a number of other California public entities
7 and joining with the other entities in retaining the law firm ofColontuono & Levin to represent
8 the City in the case of Donald Sipple, et al., v. City of Alameda, et al., Los Angeles County
9 Superior Court, Case No. BC 462270 ("Sipple"); and,
10 WHEREAS, On June 29, 2011, the Mayor and Common Council adopted the City's
11 budget for FY 2011/2012, which included $81,000.00 in the City Attorney's Office budget for
12 outside counsel; and,
13 WHEREAS, THE City Attorney's Office budget does not include sufficient funds to
14 pay for outside counsel for Sipple.
15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
16 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
17 SECTION 1. The City Attorney's Office FY 2011/2012 budget is hereby increased by
18 the amount of $6,000.00 for outside counsel.
19 SECTION 2. The Fiscal Year 2011/2012 Budget for the City of San Bernardino shall
20 be and is hereby amended to reflect the increase approved herein.
21 III
22 I I I
23 III
24 III
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1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO INCREASING THE CITY ATTORNEY'S OFFICE BUDGET BY $6,000.00
2 TO PAY FOR OUTSIDE COUNSEL IN DONALD SIPPLE, ET AL., V. CITY OF ALAMEDA,
ET AL., LOS ANGELES COUNTY SUPERIOR COURT, CASE NO. BC 462270 AND
3 AMENDING THE CITY'S FY 2011/2012 BUDGET TO REFLECT THE INCREASE
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held on the _
7 day of
8 COUNCIL MEMBERS:
9 MARQUEZ
10 JENKINS
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
,2011, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this _ day of
,2011.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
24
JAMES F. PENMAN,
Ci<Y:;Z /
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BY' / / . '-'-
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