HomeMy WebLinkAbout2008/10/07 Item 6
CITY COUNCIL
AGENDA STATEMENT
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OCTOBER 7, 2008, Item~
ITEM TITLE:
REPORT REGARDING REQUEST THAT THE CITY SEEK
REIMBURSEMENT FROM THE SAN DIEGO COUNTY
DISTRICT ATTORNEY FOR LEGAL FEES INCURRED IN
RESPONSE TO GRAND JURY INVESTIGATIONS
INTERIM CITY ATTORNEY ~t;
INTERIM CITY MANAGER
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES D NO 0
SUMMARY
This item has been prepared in response to a referral by Councilmembers Ramirez and Castaneda
regarding reimbursement by the San Diego District Attorney's Office oflegal fees incurred
by the City related to prosecution activities by the District Attorney's Public Integrity Unit.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed aCl1Vlty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because adoption of the appendix to the Local Conflict of Interest Code does
not result in a physical change to the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
That the Council take action as it deems appropriate.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
At the City Council meeting on September 23, 2008, Councilmembers Castaneda and
Ramirez requested that the City Attorney's office agendize an item to discuss a request to
the District Attorney for reimbursement of legal fees paid by the City in connection with
prosecutorial activities by the District Attorney's Public Integrity Unit. In response, the
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OCTOBER 7, 2008, Item"
Page 2 of2
City Attorney's office prepared a memorandum to the Councilmembers. The
memorandum has been provided to the Councilmembers under separate cover. The
memorandum is not included with this agenda statement because it is protected by the
evidentiary privileges attached to attorney-client communications and documents
constituting attorney work product; it is also protected from disclosure by California
Government Code ~6254(k).
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section I 8704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
There is no fiscal impact associated with this item.
A TT ACHMENTS
None.
Prepared by: Jill D.S. Maland. Deputy City Attorney. Attorney
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