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HomeMy Public PortalAbout97-068 SON, C 4O a O CITY OF CARSON CITY COUNCIL RESOLUTION NO. 97-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, RELATING TO THE LAWSUIT ENTITLED CALVIN 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 KAY A. CALAS 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 KAY A. CALAS 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 KAY A. CALAS 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, KAY A. CALAS 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. 97-068 REGULAR MEETING Page 1 of 2 JULY 15, 1997 970703 C1371-01015 ddp 0203567 0 C. Indemnification of KAY A. CALAS 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 KAY A. CALAS for all damages, including punitive or exemplary damages, if any, arising out of the Lawsuit. PASSED, APPROVED and ADOPTED this 15th day of July, 1997. ATTEST: r CITY ULEW= MAYO APPROVED AS TO FORM: !�2 E AS STA 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. 97-068, 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, O'Neal and Sweeney NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Calas City Clerk, City of C rson, California CARSON CITY COUNCIL RESOLUTION NO. 97-068 REGULAR MEETING Page 2 of 2 JULY 15, 1997 970703 C1371-01015 ddp 02035670