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HomeMy Public PortalAbout97-071 SC .nSON, O C�" CITY OF CARSON CITY COUNCIL RESOLUTION NO. 97-071 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; SHARAL YN REED, AN INDIVIDUAL;RONALD JENSEN, AN INDIVIDUAL;MAR/L YN 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 JAMES W. CAMPBELL 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 JAMES W. CAMPBELL acted within the scope of his employment with 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 JAMES W. CAMPBELL acting within the course and scope of his employment with the City. B. At the time of the acts alleged in the plaintiffs' complaint in the Lawsuit, JAMES W. CAMPBELL 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. 97-071 REGULAR MEETING Page 1 of 2 JULY 15, 1997 970703 C1371-01015 ddp 02035700 C. Indemnification of JAMES W. CAMPBELL 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 JAMES W. CAMPBELL 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: CITY CLERK MAYOR APPROVED AS TO FORM: ASSISTANdrCITY 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. 97-071, 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 arson, California CARSON CITY COUNCIL RESOLUTION NO. 97-071 REGULAR MEETING Page 2 of 2 JULY 15, 1997 970703 C1371-01015 ddp 02035700