HomeMy WebLinkAboutOrd 2009-3147ORDINANCE NO. 3147
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 2.11 TO THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE OFFICE OF THE ELECTED CITY
ATTORNEY
WHEREAS, in November of 2008, the residents of the City of Chula Vista approved
Proposition Q, which amended the Chula Vista City Charter to make the office of City Attomey
an elected office of the City; and
WHEREAS, Proposition Q made changes to the City Charter related to the City
Attorney's role, powers and relationship with the City Council; and
WHEREAS, portions of Proposition Q require City Council action to ensure the
measure's full implementation; and
WHEREAS, the City Council intends to fully implement Proposition Q by adding
Chapter 2.11 to the Chula Vista Municipal Code.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1:
That Chapter 2.11 of the Municipal Code is hereby added to read as follows:
Chapter 2.11
ELECTED CITY ATTORNEY
SECTIONS:
2.11.010 Findings
2.11.020 Purposes
2.11.030 Compensation of City Attorney
2.11.035 City Attorney Benefits
2.11.040 Declaration of Vacancy
2.11.050 Filling a Vacancy
2.11.060 Boards, Commissions and Agencies of the City
2.11.070 Council Approval or Ratification of Legal Proceedings
2.11.080 Appointment of Special Counsel
2.11.090 Conflicts of Interest
Ordinance No. 2009-3147
Page 2
2.11.010 Findings.
A. In November of 2008, the residents of the City of Chula Vista approved Proposition
Q, which amended the Chula Vista City Charter to make the office of City Attorney an elected
office of the City ("the Measure").
B. The City Council finds that implementation of portions of the Measure requires action
by the City Council.
C. The City Council further finds that the Chula Vista Municipal Code should be
amended to implement the Measure where City Council action is required.
D. The City Council further finds that this Ordinance is not intended to, and does not in
any way, amend or alter the provisions of the Measure. In the event of conflict between this
Ordinance and the Measure, the Measure shall govern.
2.11.020 Purposes
A. The City Council intends by adding this Chapter to implement the Measure, to ensure
the complete and seamless transition of the office of City Attorney from an appointed to an
elected position, and to ensure compliance with state and local laws.
B. The City Council does not intend by this Chapter to expand or restrict the Measure's
scope or seek to address issues already specifically addressed in the Measure.
2.11.030 Compensation of City Attorney.
The Measure authorizes the City Council to set the compensation of the City Attorney.
In addition, the Measure specifies a formula to determine the minimum compensation that may
be paid to the City Attorney. To implement this formula, the City Council shall, as of Febmary
of each yeaz, use the most current annual population estimates published by the California
Department of Finance, to determine the six California cities whose populations are closest to the
City, as specified in the Measure. In the event that the city attorney of any comparable city is not
an employee of that city, the compensation for such city attorney shall not be used as a
compazison and the city with the next higher and/or next lower population, as applicable, shall be
used in the compazison.
As of March of each yeaz, the City, through the City Manager or designee of the City
Manager, shall, for each comparable city as identified above, obtain a copy of the employment
contract for the city attorney and/or other documentation necessary to demonstrate the city
attorney's compensation. This data shall be used to calculate the minimum compensation of the
City Attorney. The minimum compensation as calculated by the City Manager or designee of
the City Manager shall be made available to the public within a reasonable time after the
calculation is approved by the City Manager but not later than May of each yeaz.
Ordinance No. 2009-3147
Page 3
For purposes of this Section, the "compensation" of the city attorneys of the comparable
cities shall mean the base salaries of the city attorneys as set forth in their respective employment
contracts.
2.11.035 Benefits.
The City Attorney shall be entitled to receive benefits commensurate with the benefits
provided to other elected officials of the City.
2.11.040 Declaration of Vacancy.
The Measure sets forth circumstances in which the City Council may declaze the office of
City Attorney vacant. A declaration of vacancy shall be made during a duly noticed regulaz or
special City Council meeting, which may include a closed session as authorized by the Ralph M.
Brown Act. Prior to declazing the office of City Attorney vacant, the City Council shall make
and adopt findings, by a resolution approved by a 2/3rds vote, setting forth the basis for such
declaration.
2.11.050 Filling a Vacancy.
The Measure provides that a vacancy in the office of City Attomey be filled by the City
Council when fewer than 24 months remain in the term of the office. At such time as a vacancy
in the office of City Attorney is declazed by the City Council with less than 24 months remaining
in the unexpired term, the City Council shall seek to fill the vacancy through a process that
substantially complies with the process set forth in this Section 2.11.050.
To fill a vacancy in the office of the City Attorney when fewer than 24 months remain in
the term of the office, the City Council shall first direct the City Clerk to make applications for
the position of City Attorney available to the public and shall designate the time period for
submitting applications, which time period shall be no less than ten (10) business days from the
date applications are made available to the public. On such date as is designated by the City
Council, the City Clerk shall make applications for the office of City Attorney available to the
public at the City Clerk's office, on the City's website, and at any other location(s) that the City
Clerk deems appropriate. Applicants must submit to the City Clerk, by the established deadline,
a completed application, an economic interest disclosure form, a resume, and any additional
information in support of such application. The City Clerk shall not accept late applications.
No later than five (5) days after the close of the application period, the City Clerk shall
prepare and submit to the Mayor and City Council a copy of all application packages timely
received and shall also establish a deadline for nominations. The Mayor and the City Council
shall submit to the City Clerk, within the specified time period for response established by the
City Clerk, an unrestricted number of names of applicants to be interviewed. Applicants
receiving two or more nominations will be invited for an interview. With the unrestricted list of
names, the Mayor and the City Council shall also submit the question(s) that they would like
asked of the applicants invited to be interviewed.
Ordinance No. 2009-3147
Page 4
Applicants will be interviewed during a noticed, public meeting of the City Council on a
date selected by the City Council. Following the interview(s), the City Council shall vote to
select an applicant to fill the vacancy by a majority vote of the City Council. The replacement
shall be appointed to office within 60 days of the declazation of vacancy by the City Council.
2.11.060 Boards, Commissions and Agencies of the City.
The Measure provides that the City Attorney shall advise all boazds, commissions and
agencies of the City on legal matters referred to him or her. The City Council may waive the
referral requirement and authorize, by resolution, any board, commission or agency to directly
request services of the City Attorney. Otherwise, all boazds, commissions and agencies of the
City shall be required to request City Council authorization prior to referring matters to the City
Attorney. In such cases, in order to request legal services, the boazd, commission or agency
requesting such services shall present a written request to the City Council, which shall specify
the particulaz matter or matters for which the board, commission or agency seeks services, a
description of the requested scope of services, and any time constraints associated with said
services. The City Council shall hear and act upon such request during a duly noticed regular or
special City Council meeting, which may include a closed session as authorized by the Ralph M.
Brown Act. If approved, the City Council shall forward the request to the City Attomey for
action. The City Council may also, by resolution, delegate to the City Manager the authority to
approve referrals from any board, commission or agency to the City Attorney.
The City Attomey may recommend to the City Council, at any time, that a boazd,
commission or agency be represented by special legal counsel, when, in the sole discretion of the
City Attorney, it is necessary in order to avoid a conflict of interest under state or local law.
2.11.070 Council Approval or Ratification of Legal Proceediugs.
The Measure provides that the City Attorney may exercise discretion as to when to
commence or maintain legal proceedings when a cause of action exists in favor of the City. The
City Attorney shall seek approval before commencing or maintaining a claim on behalf of the
City whenever possible. Whenever the City Attorney requests prior approval of such a claim,
the City Council shall act on the request by the City Attorney to commence or maintain legal
proceedings within a reasonable time and shall make any necessary adjustments to the City
budget. In the event that the City Attorney is unable to request approval prior to commencing or
maintaining a claim, the City Attorney shall request that the City Council schedule a closed
session item for ratification of the claim at the next available duly noticed regulaz or special City
Council meeting. In the event that the City Council declines to approve or ratify the legal
proceedings, the City Attorney shall complete all activities necessary to conclude or terminate
the legal proceedings in the most timely and cost-effective manner. Nothing in this Section
2.11.070 shall affect the authority of the City Attorney to prosecute code enforcement violations
of the Chula Vista Municipal Code.
Ordinance No. 2009-3147
Page 5
2.11.OS0 Appointment of Special Counsel.
The Measure authorizes the City Council to empower the City Attorney, at his or her
request, to employ special legal counsel In requesting the appointment of special legal counsel,
the City Attorney shall present a written request to the City Council specifying the basis for the
request for special legal counsel and the timeframe, scope and matter for which the special legal
counsel is recommended. The request shall be heazd during a duly noticed regulaz or special
City Council meeting, and may include a closed session as authorized by the Ralph M. Brown
Act. Upon approval of the use of special legal counsel, the City Council shall make any
necessary adjustments to the City budget. The City Council may, by resolution, delegate this
approval authority to the City Manager.
2.11.090 Conflicts of Interest.
The Measure provides that an officer of the City may, upon recommendation of the City
Attorney and approval of the City Council, retain special legal counsel when a conflict of interest
exists between the City Attorney and such officer of the City. Under such circumstances, the
City Attorney shall make a written recommendation to the City Council that the City retain
special legal counsel. The written recommendation shall include the basis for the conflict of
interest and the timeframe, scope and legal matter for which the outside legal counsel is
recommended. The City Council shall consider and act upon the written recommendation of the
City Attorney at a duly noticed regular or special City Council meeting, including a closed
session as authorized by the Ralph M. Brown Act.
SECTION II. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason
held invalid or unconstitutional, such portion shall be deemed a separate and independent
provision and such decision shall not affect the validity of the remainder.
SECTION III.
This Ordinance will take effect and be in full force thirty (30) days from final passage.
SECTION IV. CERTIFICATION.
The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to
be published once in a newspaper of general circulation printed and published within the City of
Chula Vista.
Presented by
ids
J es D. Sandoval
ity Manager
Approved as to form by
Shawn Hagerty
Special Counsel
Ordinance No. 2009-3147
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 15th day of December 2009, by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, ayo
ATTEST:
Donna R. Noms, CM ,City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3147 had its first reading at a regulaz meeting held on the 8th day of December
2009 and its second reading and adoption at a regulaz meeting of said City Council held on the
15th day of December 2009; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Executed this 15th day of December 2009.
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Donna R. Norris; CMC, City Clerk