City Council

CC 9. Pursuant to Government Code section 995.8, (i) authorize the retention of counsel to defend current or former councilmember(s) in any action or proceeding brought on account of an act or omission in the scope of their actions as a councilmember regarding any real estate development(s) in the City, and/or actions on behalf of the City in their role(s) on the governing board of any joint powers authorit(ies), and (ii) find that such defense would be in the best interest of the City and that the councilmember(s) acted or failed to act in good faith, without actual malice, and in the apparent interests of the City. This authorization shall be subject to review by the Council at the discretion of the City Attorney and shall reserve the right to withdraw such defense and/or require reimbursement of all or part of such defense costs if the City determines that (a) the statutory requirements are not satisfied, or (b) continued defense is not in the best interests of the City.