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HomeMy WebLinkAboutCC ORD 2022-2494 Adding Section 2.02 City Attorney to NCMCORDINANCE NO. 2022 - 2494 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADDING SECTION 2.02 TO TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE RELATING ADMINISTRATION AND SHALL BE TITLED, "CITY ATTORNEY" CITY ATTORNEY SUMMARY This Ordinance adds regulations to the City's municipal code "in that it adds" or "by adding" section 2.02 City Attorney to Title 2 — Administration. WHEREAS, California Government Code Section 41801 provides that the City attorney shall advise the city officials in all legal matters pertaining to city business; and WHEREAS, California Government Code Section 41803 further provides that the City attorney shall perform other legal services required from time to time by the legislative body; and WHEREAS, the Office of the City Attorney will comply with the requirements of California Government Code Sections 41801 -41805 and any other applicable laws. TITLE 2 ADMINISTRATION Section 2.02 —CITY ATTORNEY 2.02.010 Purpose and Authority The City Attorney is established. The City Attorney shall be the Chief Legal Officer of the City and also serve as the City Prosecutor. The Office of the City Attorney and City Prosecutor shall be an entity separate and distinct from all other offices and departments. The City Attorney shall investigate and enforce City laws and regulations through office hearings and court proceedings, both civil and criminal. The City Attorney shall have the management and control of the Office of City Attorney and City Prosecutor subject to all applicable personnel ordinances, rules and regulations. 2.02.020 Appointment; Qualifications The City Attorney shall be appointed by the City Council and shall serve at the pleasure of the City Council. The City Attorney shall be an attorney -at -law duly admitted to practice law in the State of California. 2.02.030 Powers and Duties A. City Attorney Generally. In addition to the City Attorneys general powers as the Chief Legal Officer of the City, and not as a limitation thereon, as the City's civil legal advisor the City Attorney shall: I . Serve as the General Counsel of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, the Parking Authority, the Housing Advisory Committee and the Joint Powers Financing Authority, as well as the subordinate commissions, boards, committees and advisory bodies of the City of National City; 2. Appoint and remove all such assistants, deputies, and clerical staff as the Council may authorize;. 3. Oversee the City Risk Manager's Administration of the City's Liability Risk Management Program; 4. Have charge and control of all outside counsel engaged to advise the City Council and any officer or employee in all matters pertaining to their offices or duties, except as otherwise provided by law or legal ethics; 5. Advise the City Council and all City officers and employees in all matters of law pertaining to their offices or duties, or select outside counsel to so advise such persons unless a different selection procedure has been adopted by the City Council; 6. Represent and appear for the City and all current and former City officers and employees in any or all civil actions or proceedings in which the City, or any current or former City officer or employee thereof by reason of an act or omission in the scope of officer's or employee's employment is concerned or is a party, or shall select outside counsel to so represent and appear for such persons; 7. Have charge and control of all civil actions and proceedings in which the City or any current for former City officer or employee is concerned or is a party by reason of an act or omission in the scope of his/her employment; 8. Approve the form of all bonds given to the City and all specifications, requests for proposals, and contracts made by the City; 9. Approve all proposed ordinances and resolutions for the City; 10. Attend all City Council meetings, unless excused by the City Council; 11. Attend such meetings of other boards and commissions of the City as the City Attorney deems appropriate or as the City Council may direct; 12. Perform such other duties relating to the office as shall be required of the City Attorney by law, ordinance, or the City Council; and 131 Perform all responsibilities of the City Attorney in conformity with the California Rules of Professional Conduct. B. City Prosecutor Generally. In addition to the City Prosecutor's general powers under the laws of the State of California, and not as a limitation thereon, as the City's legal advisor on criminal prosecution, the City Attorney shall: 1. Prosecute all misdemeanor and infraction offenses committed within the City arising out of violations of the laws of the City, and, when authorized by the laws of this State, prosecute misdemeanor offenses committed within the City arising out of violations of the laws of the State of California; 2. Handle all appeals arising as a consequence; 3. Draw complaints for such misdemeanors and infractions and prosecute all recognizances of bail bond forfeitures arising from or resulting from the commission of such offenses; 4. Have the power to issue subpoenas in a like manner as the district attorney under the authority of California Government Code Section 41803.7; 5. Perform such other duties relating to such office as shall be required by law, ordinance, or the City Council; and 6. Perform all responsibilities of the City Prosecutor in conformity with California Rules of Professional Conduct, a prosecutor's duty of independence and impartiality, and with unrestricted prosecutorial discretion. 2.02.040 Records. A. The City Attorney shall deliver all records, documents, and property of every description belonging to the Office of City Attorney and City Prosecutor or the City to the City Attorneys successor in office. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California, does ordain as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. everabflJty. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of National City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective. SECTION 3. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the 3 City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 4. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. Effective Date. This ordinance shall be published pursuant to law and shall become effective thirty (30) days from the date of passage and adoption. Within fifteen (15) days following its adoption, the City Clerk shall publish the title thereof, as a summary as required by State Law. INTRODUCED by the City Council on January 18, 2022. PASSED and ADOPTED this 1st day of February, 2022. ATTEST: Luz Molina, ! ity Clerk APPROVED AS TO FORM: Charles E. Bell Jr., C,fttorney Alejandra Sotelo-Solis, Mayor 4 Passed and adopted by the Council of the City of National City, California, on February 1, 2022 by the following vote, to -wit: Ayes: Sotelo-Solis, Bush, Morrison, Rios, Rodriguez Nays: None. Absent: None. Abstain: None. or AUTHENTICATED BY: Aleandra Sotelo-Solis Mayor of the City of National City, California Luz Molina City Clerk of the City of National City, California By: gil I eputyCit Clerk Al I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on January 18, 2022 and on February 1, 2022. I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2022-2494 of the City Council of the City of National City, passed and adopted by the Council of said City on February 1, 2022. City Clerk of t By: City of Nati leputyci'y Clerk