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City Attorney Carvalho clarified that initial contract approved under City <br />Manager authority, but amount exceeded $25,000 threshold plaintiff <br />added party to lawsuit after documents had been prepared, thus increases <br />cost; city required to defend lawsuit brought against employee (in her <br />capacity); also, law firm successfully defended case. <br />Councilmember Benavides indicated that lawsuit was on voter approved <br />Measure D regarding term limits; services have been rendered and City <br />obligated to pay for defense. <br />Councilmember Tinajero opined that Measure D perceived to have <br />loophole. <br />MOTION: Approve payment of legal fees in the amount of $11,545.42 <br />to Richards Watson & Gershon. <br />MOTION: Tinajero <br />VOTE: AYES: <br />NOES: <br />ABSTAINED <br />AND NOT <br />PRESENT: <br />ABSENT: <br />SECOND: Sarmiento <br />Benavides, Pulido, Sarmiento, Tinajero (4) <br />Martinez, Bustamante (2) <br />Alvarez (1) <br />None (0) <br />**END OF CONSENT CALENDAR** <br />BUSINESS CALENDAR ITEMS <br />RESOLUTIONS <br />55A RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA <br />STATE PARKS HABITAT CONSERVATION FUND GRANT PROGRAM - <br />Parks, Recreation & Community Services Agency <br />MOTION: Adopt a resolution. <br />RESOLUTION NO. 2012-042 - A RESOLUTION OF THE CITY COUNCIL <br />OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR <br />GRANT FUNDS FROM THE HABITAT CONSERVATION FUND <br />CITY COUNCIL MINUTES 11 SEPTEMBER 17, 2012 <br />1 0A-11