1994 MIN AUG 2 - Laserfiche WebLink

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canyon estates, and by offering the services of the City Manager and appropriate staff. Councilmember Bennett said that for several months she tried to work with the City Attorney and the Community Development Director and she had been advised that there is a narrow line regarding the misuse of public funds. City Attorney Biggs advised this was so and expressed concern about her role as advisor. She advised her role would be limited by the fact that she represents the City as a whole and cannot represent one individual because it would involve the use of taxpayer monies. City Attorney Biggs stated that the City would cooperate to the extent that it can and still protect the City. Councilmember Bennett said on July 25, she submitted a memorandum to Interim City Manager Winter asking this matter be agendized. Interim City Manager Winter said it was on his desk and apologized for not placing the item on the agenda. Councilmember Bennet asked the City to obtain information for solutions from other cities who have had similar problems. She exclaimed that this is the second time she has had to handle such a problem. Mr. George Fulp empathized with Mr. Anderson and said he was concerned about the process. He asked City Attorney Biggs for the definition of the word "recuse." City Attorney Biggs defined the word as the act of removing oneself from a matter because of a conflict of interest. Mr. Fulp inquired if the City doesn't have to accept liability before public funds can be expended. He asked if City Attorney Biggs was recusing herself. City Attorney Biggs said that the City can cooperate by having staff cooperate with providing any reports required, and such, but the process prohibits the actual representation at court of a private individual. Mr. Fred Cordova inquired about the filing of an amicus curiae brief in the instant suit. City Attorney Biggs advised that the filing of such a brief is not an appropriate trial tactic but rather is appropriate at the appellate level. As requested by Councilmember Bennett, and by consensus of Council, Interim City Manager Winter said that this item would be placed on the next agenda. Community Center Ms. Lorraine June said she was a 22 -year resident of the City. She wondered how Council could consider building the community center when a budget deficit has been declared; the 1993 audit is not finished and the 1994 budget has not been approved. She urged Council not to proceed with the center until the financial situation has been straightened out. She warned there are problems to worry about such as staffing and furnishings. n AUG 0 2 1994