Chapter 2.25
CITY ATTORNEY

Sections:

2.25.010    Eligibility – Appointment and term of office.

2.25.020    Duties and responsibilities.

2.25.030    Divisions and functions of City Attorney’s office – Generally.

2.25.040    Court and trial division.

2.25.050    Contract and transaction division.

2.25.060    Research and opinion division.

2.25.070    Library and clerical division.

Charter reference – Duties and powers of City Attorney and qualifications, § 908.

Stat. Ref.:    City Attorneys generally, Gov. C.A. §§ 41801 to 41804.

2.25.010 Eligibility – Appointment and term of office.

The City Attorney shall be an active member in good standing of the State Bar and eligible for such appointment under Section 908 of the Charter. He shall be appointed by and serve at the pleasure of the City Council. (Ord. 947. Formerly § 2-30).

2.25.020 Duties and responsibilities.

The City Attorney shall be responsible for the following:

(a) Advising the City Council, the City Manager and all City department heads in matters of law pertaining to their offices.

(b) Representing and appearing for the City and any City employee in any or all actions brought against the City or its employees in the course of their duties.

(c) Keeping the City Council informed as to all legislation affecting the City government and processing all insurance matters and damage claims against the City.

(d) Rendering written legal opinions when so requested by the City Council or the City Manager.

(e) Attending designated meetings of boards, commissions and special committees of the City and representing City departments before State or local courts, boards or commissions.

(f) Reviewing and approving the form of all City contracts, agreements, deeds and legal documents.

(g) The preparation and promulgation of municipal bond issues and special assessment districts.

(h) The preparation and promotion of State and Federal legislation proposed by the City Council.

(i) Preparing and processing all proposed ordinances or resolutions for the City Council.

(j) The preparation and handling of all City litigation or court proceedings.

(k) Prosecuting on behalf of the people all cases of violation of the Charter, provisions of this Code or other City ordinances.

(l) Be responsible for the processing of annexation proceedings and assist in the acquisition of public land, easements and rights-of-way. (Ord. 947. Formerly § 2-31).

2.25.030 Divisions and functions of City Attorney’s office – Generally.

The City Attorney’s office shall be organized into the following divisions, which shall be under the City Attorney’s direct supervision. These divisions shall be primarily responsible for the public services and functions allocated thereunder as provided in this chapter. (Ord. 1150 § 1, 10-11-66. Formerly § 2-31.1).

2.25.040 Court and trial division.

The Assistant City Attorney, who shall be in the unclassified service, shall have responsibility for the immediate supervision of the court and trial division and shall be responsible for the following:

(a) Assist the City Attorney in performance of the duties of that office and act in the capacity of City Attorney in his/her absence and to do the work of such officer, as required.

(b) Provide hearing and trial counsel services.

(c) Handle discovery and other necessary proceedings incident to hearings and trials.

(d) Attend meetings of the Planning Commission.

(e) Perform such other duties as are assigned. (Ord. 1150 § 1, 10-11-66; Ord. 1660 § 1, 9-13-94. Formerly § 2-31.2).

2.25.050 Contract and transaction division.

An Assistant City Attorney, who shall be in the unclassified service, shall have responsibility for the immediate supervision of the contract and transaction division and shall be responsible for the following:

(a) Assist the City Attorney in performance of the duties of that office and act in the capacity of City Attorney in his/her absence and do the work of such officer, as required.

(b) As assigned, assist various City departments in negotiating and preparing complex agreements, legal documents, etc.

(c) Prepare correspondence and answer complex inquiries from City departments, other agencies, and third parties.

(d) With special assistance, participate in preparing and presenting civil cases and administrative cases in utility matters.

(e) Attend meetings of the Planning Commission.

(f) Perform such other tasks as are assigned. (Ord. 1150 § 1, 10-11-66; Ord. 1439 § 1, 12-22-81; Ord. 1660 § 2, 9-13-94. Formerly § 2-31.3).

2.25.060 Research and opinion division.

A Deputy City Attorney, who shall be in the unclassified service, shall have responsibility for the immediate supervision of the research and opinion division and shall be responsible for the following:

(a) Interpret the law, prepare legal opinions, and prepare and review resolutions, ordinances, bonds, invitations for bids and proposals, contracts, deeds, and related instruments.

(b) Prosecute actions involving violation of City ordinances.

(c) Prepare correspondence and answer routine inquiries from City departments and other agencies.

(d) Attend meetings of the Planning Commission.

(e) Perform such other tasks as are assigned. (Ord. 1150 § 1, 10-11-66; Ord. 1439 § 1, 12-22-81; Ord. 1660 § 3, 9-13-94. Formerly § 2-31.4).

2.25.070 Library and clerical division.

The library and clerical division shall be under the immediate supervision of the City Attorney’s secretary, who shall be in the unclassified service, and shall be responsible for the following:

(a) Maintain the law library located in the City Attorney’s office.

(b) Perform all secretarial and clerical duties required in support of the City Attorney and the divisions of the City Attorney’s office as are assigned or directed, and other related work as is assigned. (Ord. 1474 § 1, 8-16-83; Ord. 1660 § 4, 9-13-94. Formerly § 2-31.5).