R 4896 RESOLUTION NO. 4896
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A LOCAL RULE REGARDING
EX-PARTE COMMUNICATIONS BY ATTORNEYS
REPRESENTING THE CITY OF ARROYO GRANDE IN QUASI-
JUDICIAL PROCEEDINGS
WHEREAS, the City of Arroyo Grande ("City")'s legal counsel and other attorneys
providing legal representation for the City typically provide confidential legal advice to
the City Council on an attorney-client basis; and
WHEREAS, new State Bar Rule 3.5 of the Rules of Professional Conduct for attorneys
could potentially limit the ability of the City's legal counsel, acting in a neutral, non-
adversarial capacity, to give advice on a "quasi-judicial" matter unless the City Council
adopts a local rule related to such "ex-parte" communications, since the new rule now
defines "judge" to include "members of an administrative body acting in an adjudicative
capacity;" and
WHEREAS, the City's Municipal Code has a number of provisions that provide for
hearings to be held by the City Council or other administrative bodies of the City that
would constitute "quasi-judicial" proceedings in which the City Council or another
administrative body would act in an adjudicative capacity; and
WHEREAS, adoption of a local rule will allow an attorney, serving as the legal advisor
to the City Council or another administrative body of the City, acting in a neutral, non-
adversarial capacity, to continue to provide confidential attorney-client legal advice
related to adjudicative matters, and therefore the City Council desires to adopt such a
rule.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. Pursuant to new Rule 3.5(b) of California's Rules of Professional Conduct for
lawyers which became effective on November 1, 2018, the City Attorney,
Assistant or Deputy City Attorneys or other outside counsel hired by the City of
Arroyo Grande to serve as the legal advisor to the City Council or other
administrative bodies of the City, may contact the City Council or other
administrative bodies of the City acting in an adjudicative capacity ex parte on
non-substantive or procedural matters (such as scheduling or other legal
requirements). Also, when acting in a neutral, non-adversarial capacity, those
attorneys may communicate oral or written confidential attorney-client legal
advice on the merits of adjudicative matters to the City Council or other
administrative bodies of the City as allowed by state or federal law, and as
consistent with statutory fair hearing rights and constitutional due process
principles.
2. The forgoing local rule shall apply to all hearings being held by the City Council
or other administrative bodies of the City that constitute a "quasi-judicial"
RESOLUTION NO. 4896
PAGE 2
proceeding in which the City Council or other administrative body of the City is
acting in an adjudicative capacity.
On motion of Council Member Barneich, seconded by Council Member Storton, and on
the following roll call vote, to wit:
AYES: Council Members Barneich, Storton, Paulding, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 8th day of January 2019.
RESOLUTION NO. ye9('
PAGE 3
OA; ,94,„
CAREN RAY 4 SSOM, MAYOR
ATTEST:
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KELLY ET ORE, CITY CLERK
APPROVED AS TO CONTENT:
JAME' AN, CITY MANAGER
APPROVED AS TO FORM:
H THER WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4896 was passed and adopted at a regular meeting of the City
Council/Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency of
the City of Arroyo Grande on the 8th day of January, 2019.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of
January, 2019.
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KELLY T `I•RE, CITY CLERK