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At budget session, Director Clarke stated that costs for street sweeping and <br />maintenance was included in the Wastewater Division's budget. Thereafter, Kennedy - <br />Jenks performed a study to include the NPDES charge on County tax rolls, to be <br />assessed to the property owners in colton. The budget estimate to fund the entire <br />NPDES program, which was approved by Council, was priced at $517,424. <br />Director Clarke requested that the NPDES program revenues/expenditures be <br />recognized under a separate fund, No. 722, and that those charges be eliminated from <br />the Wastewater Division's budget, effective immediately. Under separate topic, CM <br />bennett inquired about the number of street sweepers and Director clarke responded. <br />Motion/second by CM Hutton/Sandoval to accept staff's recommendation carried <br />upon unanimous vote. <br />CITY MANAGER'S REPORTS AND RECOMMENDATIONS: <br />None. <br />CITY ATTORNEY'S REPORTS AND RECOMMENDATIONS: <br />PUBLIC COMMENT (Continued): <br />I Lecial Fees Former Council Member Beltran <br />Mr. Steve Anderson opposed payment of legal fees for former Councilmember Beltran <br />and, if approved, he asked for repayment of legal costs, to the City, should he lose <br />or be found guilty. <br />Mr. John Longfield remarked that, following Closed Session, items acted upon in open <br />forum are not identified and the public does not know what is taking place.. <br />City Attorney Biggs informed regarding the provision of legal fees to city <br />councilmembers and employees. She stated that with regard to civil matters, lawsuits <br />brought against city employees, in the course and scope of their duties as City <br />employees, the City had an absolute duty to defend. Further, the City could reserve <br />its rights as to payment of any judgments under certain circumstances if it believed <br />that there may be any fraud, malice or corruption involved in the charges brought. <br />The City also had a duty to indemnify individual city employees and councilmembers <br />for civil actions brought against them. <br />With regard to administrative and criminal matters, she advised the city had the power <br />to allow such fees. In order to exercise this discretionary authority, Council and the <br />agency had to make certain findings. In order to award fees in this instance, the City <br />Council, by Resolution, would find and determine that in the administrative and <br />7 <br />DEG 17 1996 <br />