HomeMy WebLinkAboutReso 2008-232
RESOLUTION NO. 2008-232
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE RELEASE OF CERTAIN
DOCUMENTS RELATING TO THE PAYMENT OF
COUNCILMEMBER CASTANEDA"S LEGAL FEES AND
WAIVING THE EVIDENTIARY PRIVILEGES AND
GOVERNMENT CODE PROTECTIONS ATTACHED TO
THOSE DOCUMENTS
WHEREAS, at the September 16, 2008 City Council meeting, Councilmember Ramirez
requested that staff agendize an item to discuss the payment of legal fees for Co~cilmember
Castaneda; and
WHEREAS, in May 2008, the City received a letter from Councilmtjmber Steve
Castaneda's attorney, Marc Carlos, requesting that the City pay the legal fees ard expenses
incurred in Mr. Castaneda's defense of the criminal charges brought against hirrj by the San
Diego District Attorney's Office; and .
WHEREAS, the Council met in closed session to discuss the request and the City's
response; and
WHEREAS, the Council authorized the Interim City Attorney to negotiate with Mr.
Castaneda's attorney, Mr. Carlos, regarding payment of the fees; and
WHEREAS, on August 20, 2008, Councilmember Castaneda and Mr. Carlos accepted
the City's negotiated offer; and
WHEREAS, upon receiving the acceptance of the City's offer, the City provided a copy
of the settlement agreement to the City Clerk's office for public review, and publicly reported the
fact that settlement was reached; and
WHEREAS, requests have been made that the City release the memoranda prepared by
the City Attorney's office and outside counsel, Steve Quintanilla, regarding this matter; and
WHEREAS, these documents represent attorney work product and attorney-client
communications and, as such, are protected from disclosure by certain evidentiaJfY privileges,
and are exempt from disclosure under the Public Records Act, pursuant to California
Government Code 96254(k); and
WHEREAS, in order for the City to release those documents, the City Council must
waive those privileges and protections; and
WHEREAS, in determining whether to do so, the Council should be aware that its action
may give the impression that a precedent has been set for future closed session matters; and
Resolution No. 2008-232
Page 2
WHEREAS, once the privileges and protections are waived, they cannot be asserted in
the future, as to any documents released; and
WHEREAS, those documents potentially could be used in future litigation; and
WHEREAS, the Council desires to waive the privileges and protections attached to the
memoranda and authorize the release of the memoranda (which have been provided to the
Council under separate cover); and
WHEREAS, the City Council does not intend this waiver to apply to future matters.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista waives the evidentiary attorney-client and attorney work product privileges, and the
protections provided by California Government Code !l6254(k), with respect to the following
memoranda regarding the payment of Councilmember Castaneda's legal fees and costs: (i)
memorandum from Steven B. Quintanilla to Bart Miesfeld, dated July 3, 2008; and (ii)
memorandum from the City Attorney's office to the City Council, dated July 15,2008; and (iii)
letter dated August 8, 2008, from Jim Lough to Bart Miesfeld; and authorizes the release of those
documents; this waiver does not apply to future matters.
Approved as to form by
/i./~
Bart r5. Mie eld
Interim City Attorney
Resolution No. 2008-232
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of q:hula Vista,
California, this 23rd day of September 2008 by the following vote:
AYES: Councilmembers:
McCann, Ramirez, Rindone, and Cox
NAYS: Councilmembers:
None
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
Castaneda
C~"y",
ATTEST:
~~ 1-, ;V;A0
Donna R. Norris, fCMC, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2008-232 was duly passed, approved, and adopted by the ~ity Council
at a regular meeting of the Chula Vista City Council held on the 23rd day of September 2008.
Executed this 23rd day of September 2008.
d~ P j(o~1
Donna R. Norris, CMC, Interirn City Clerk