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CITY OF CARSON
CITY COUNCIL
RESOLUTION NO. 97-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, RELATING TO THE LAWSUIT
ENTITLED CAL VIN LEWIS, AN INDIVIDUAL;BEVERLY LEWIS,
AN INDIVIDUAL;A.T. HULSEY, AN INDIVIDUAL; VIRGINIA
HULSEY, AN INDIVIDUAL;JAMES REED, AN INDIVIDUAL;
SHARALYN REED, AN INDIVIDUAL;RONALD JENSEN, AN
INDIVIDUAL; MARILYN JENSEN, AN INDIVIDUAL, PLAINTIFF,
VS. CITY OF CARSON; REDEVELOPMENT AGENCY OF THE
CITY OF CARSON; LORELIE S. OLEAS, AN INDIVIDUAL;
MARY ANNE O'NEAL, AN INDIVIDUAL;PETER FARJARDO,
AN INDIVIDUAL;MICHAEL MITOMA, AN INDIVIDUAL; KAY
A. CALAS, AN INDIVIDUAL;PAT BROWN, AN INDIVIDUAL;
SHERI REPP, AN INDIVIDUAL;JAMES CAMPBELL, AN
INDIVIDUAL;AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS., LASC BC163797
WHEREAS, the City has determined that it is in its best interests to indemnify
MARY ANNE O'NEAL for all damages, including punitive or exemplary damages, if any,
arising from the lawsuit entitled Lewis, et al. v. City of Carson, et aL, Los Angeles
Superior Court Case No. BC163797 (the "Lawsuit"); and
WHEREAS, the City deems that the protection of its citizens and of the public
health, welfare, and safety requires the City to encourage its employees to act freely
in the best interests of the City; and
WHEREAS, the City has determined that MARY ANNE O'NEAL acted within the
scope of her employment as a Councilmember of the City, in good faith, without actual
malice, and in the apparent best interests of the City; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. The City Council finds as follows:
A. The plaintiffs' complaint in the Lawsuit alleges acts and/or omissions of
MARY ANNE O'NEAL acting within the course and scope of her employment as a
Councilmember of the City.
B. At the time of the acts alleged in the plaintiffs' complaint in the Lawsuit,
MARY ANNE O'NEAL acted, or failed to act, in good faith, without actual malice and in
the apparent best interests of the City.
CARSON CITY COUNCIL RESOLUTION NO. 97-065
REGULAR MEETING Page 1 of 2 JULY 15, 1997
970703 C1371-01015 ddp 02035640
C. Indemnification of MARY ANNE O'NEAL for all damages, including punitive
or exemplary damages, if any, arising out of the Lawsuit would be in the best interests
of the City.
Section 2. Pursuant to, and in accordance with, Government Code Section
825(b), the City shall indemnify MARY ANNE O'NEAL for all damages, including punitive
or exemplary damages, if any, arising out of the Lawsuit.
PASSED, APPROVED and ADOPTED this 15' day of July, 1997.
ATTEST:
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CITY CLERK MAYOR
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF CARSON
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing resolution, being
Resolution No. 97-065, was duly and regularly adopted by the City Council of said City at a regular
meeting of said Council, duly and regularly held on July 15, 1997, and that the same was passed
and adopted by the following vote:
AYES: COUNCIL MEMBERS: Mayor Fajardo, Olaes and Sweeney
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: O'Neal
ABSENT: COUNCIL MEMBERS: Calas
7 z.
City Clerk, Ci of Carl on, California
CARSON CITY COUNCIL RESOLUTION NO. 97-065
REGULAR MEETING Page 2 of 2 JULY 15, 1997
970703 C1371-01015 ddp 02035640