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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: (400151--- l.� 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. �� l i i KELLY T `I•RE, CITY CLERK