Chapter 3.05 — CITY ATTORNEY

A legal department is created which shall be under the direction of the city attorney, who shall be responsible to the city council, and shall consist of the city attorney and such other employees as the city council may approve. (Ord. 1027 § 1, (1975))

The city attorney shall be selected and appointed by the city council on the basis of the appointee's qualifications, with special reference to the appointee's actual experience in the field of municipal law and in respect to the duties of the office as hereinafter set forth. The city attorney shall hold office at and during the pleasure of the city council. The city attorney may be suspended or removed by a four-fifths vote of the city council.

The position of city attorney shall be a full-time position and the appointee shall not be entitled to engage in private practice, nor shall the city attorney be entitled to make court appearances except on behalf of the city. To become and remain eligible for this position, the appointee shall be an attorney duly admitted and qualified to practice in the Supreme Court of the State of California, and shall have been an active member in good standing of the State Bar of California for at least five years prior to appointment. Nothing contained in this chapter shall be construed to prohibit the city council from retaining special counsel to represent the city in certain legal matters, nor to prevent the council from retaining the services of a qualified attorney-at-law on a full or part-time basis to act as city attorney, de facto or de jure, upon the discharge, resignation or disability of any city attorney appointed pursuant to this chapter. (Ord. 1027 § 1, (1975); Ord. 1637 § 12, (2000))

The city attorney shall receive such compensation and expense allowance as the city council shall, from time to time, determine, and said compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate. (Ord. 1027 § 1, (1975))

In addition to the powers and duties set forth in the Government Code of the State of California, the city attorney shall:

(a) Represent and advise the city council and all city officers upon all matters of law pertaining to the city and to their office;

(b) Frame all ordinances and resolutions required by the city council;

(c) Represent and appear for the city, its authorized agents, officers and employees, in any and all actions and proceedings in which the city, or its agents, officers or employees, in or by reason of their official capacity only, is concerned or is a party thereto. The city council shall have control of all legal proceedings, however, and shall direct and control the prosecution and defense of all actions and proceedings to which the city is a party or in which it is interested, and may employ special counsel, if it feels the interests of the city require same, to assist the city attorney, or to prosecute or defend in any such action or proceeding. Pursuant to Government Code Section 935.4, the city council delegates authority to the city attorney to review all claims for timeliness and sufficiency, and to reject any and all claims regardless of amount. The city council further delegates to the city attorney authority to allow, compromise, or settle claims for an amount up to $30,000.00 acting alone, or up to $40,000.00 with the concurrence of the city manager. The city council shall have sole authority to allow, compromise, or settle claims for an amount in excess of $40,000.00.

(d) Attend all meetings of the city council and planning commission;

(e) Render legal opinions or advice, in writing, whenever requested to do so by the council or any of the city boards, commissions or city officers;

(f) Approve the form and execution of all bonds, contracts and other instruments to which the city is a party;

(g) Specify the minimum requirements of insurance policies and bonds required to be filed with the city, and no such policy or bond shall be deemed to satisfy legal requirements of the city unless in conformity with such specifications or otherwise approved by the city attorney;

(h) Devote such time to the duties of the office, and attend such conferences, meetings, and proceedings as the council may specify from time to time, and as shall be determined by the work requirements of the legal department;

(i) Keep on file in the city attorney's office all written communications, opinions, briefs, and papers used in the normal course of legal activities of the legal department. The city attorney shall deliver all books, records, papers, documents, and property of every description, belonging to the city, to the attorney's successor in office;

(j) Act as director of the legal department, subject to the general administrative direction of
the city council. The city attorney shall have the authority to retain expert outside counsel
to advise the city when, in his or her opinion, such assistance of counsel is necessary to the
provision of legal services to the city.
(Ord. 1027 § 1, (1975); Ord. 1637 § 13, (2000); Ord. 1890 § 1, (2013); Ord. 2030, 9/16/2024)

The appointment and removal of assistants, clerical and stenographic personnel as are authorized to be employed in the legal department shall be governed by the provisions of the civil service system of the city. (Ord. 1027 § 1, (1975))