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Res 95-038RESOLUTION NO, 95-038 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA AUTHORIZING THE CITY AT'FORNEY TO JOIN THE CITY IN AMICUS CURIAE BRIEFS WHEREAS, the League of California Cities has established the Legal Advocacy Committee to urge, recommend, or otherwise report on amicus participation in pending appellate cases which address important municipal law issues; and WHEREAS, the City Attorney regularly reviews the written reports of the Legal Advocacy Committee and reviews requests made of the City to join amicus briefs; and WHEREAS, time limits for the preparation and filing of amicus briefs often make it impractical to place requests for amicus participation on the City Council Agenda for consideration; and WHEREAS, the Legal Advocacy Committee urges participation only when the issue is of statewide significance and is one in which all cities have a common interest in the same outcome; and WHEREAS, the Legal Advocacy Committee recommends participation only when the issue would have a significant impact on a significant number of cities which have a common interest in the same outcome and would not have a foreseeable adverse impact on other cities; and WHEREAS, the City Attorney is uniquely qualified to review amicus requests and act quickly to join the City in an amicus brief which protects or advances the City's interests and which presents issues consistent with the ordinances, resolutions, or policies of the City. NOW THEREFORE BY THE CITY COUNCIL DOES HEREBY AS FOLLOWS: Section I. Authorization: Poway any of The City Attorney shall be authorized, but not required, to add the name of the City of to an amicus curiae brief in any appellate court of the State of California in the event that the following standards is met: a) The Legal Advocacy Committee urges participation. b) The Legal Advocacy Committee n.'commends participation. c) Participation would protect or advance the City's interests anti the case presents issues consistent with thc ordinances, rcsoh, tions, or policies of the City. RESOLUTION NO. 95-038 Page 2 Section 2. City Council Review: In the ever~t that the City Attorney becomes aware of an amicus participation request which does not meet any of the standards of Section I or determines for any other reason not to join the City in an amicus brief, the City Attorney shall place the request on the City Council agenda only if the City Manager or any member of the City Council so requests. $~tion 3, R _L?ort By City Attorney: In the event that the City Attorney joins the City in an amicus brief, the City Attorney shall report that decision to the City Council, orally or in writing. ADOPTED AND APPROVED by the City Council of the. City of Poway, California at a regular meeting thereof this 6th day of dune , 1995. ATTEST: MARIORIg~.~ K. WAHLSTEN, City Clerk Resolution No. 95-038 Page 3 STATE OF CALIFORNIA ) SS COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 95-038 was duly adopted by the City Council at a meeting of said City Council hel~ the 6th day of June , 1995, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE Marjorie~(. Wahlsten, City Clerk City of pOway