Loading...
HomeMy WebLinkAbout37- Mayor CITY OF SAN BERNK 1INO — REQUEST FC COUNCIL ACTION From: W. R. "Bob" Holcomb, Mayor Subject: Prior approval of Mayor and Council relative to City Attorney actions . L 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. i l Signa ure Contact person: Mayor W. R. "Bob" Holcomb Phone: 5n51 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) 1 �t Finance: it Notes: �-'1V -47.5 /� 'LI�� er 75.0252 Agenda Item No— 37 CITY OF SAN BERNA. .DINO - REQUEST FG. : 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