HomeMy WebLinkAboutCC Reso 2016-11 RESOLUTION NO. 2016-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CATHEDRAL CITY, CALIFORNIA AUTHORIZING THE
CITY ATTORNEY TO INITIATE CODE COMPLIANCE
LITIGATION AND OTHER MATTERS
WHEREAS, the mission of Cathedral City's Code Compliance Division is to work
toward preventing, discouraging and/or abating certain conditions which endanger the
life, limb, health, property, safety or welfare of the general public in a fair, expedient,
and cost efficient manner; and
WHEREAS, the Code Compliance Division works with the City Attorney's office
to obtain compliance in particularly difficult and serious cases; and
WHEREAS, the City Council recognizes the in many instances it is necessary to
take immediate legal action, such as obtaining inspection warrant or abatement
warrants or to obtain temporary restraining orders, preliminary injunctions, or
commence civil actions, that do not permit time for the City Council to, on a case by
case basis, review and authorize on their regular Council meeting schedule; and
WHEREAS, the City Council, in order to ensure the protection of the health,
safety and welfare of the residents, businesses and guests of the City, desires to pre-
authorize the City Attorney's Office to initiate and take such prompt actions or other
appropriate measures to assist in achieving compliance; and
NOW, THEREFORE, the City Council of the City of Cathedral City does hereby
resolve that:
1. The above-referenced recitals are true and correct and material to this
Resolution.
2. The City Attorney's Office is hereby authorized to seek and obtain inspection
warrants, abatement warrants, to initiate civil litigation, to obtain temporary
restraining orders and preliminary injunctions, and to take such other appropriate
measures as are reasonably necessary to assist in achieving compliance in
Code Compliance matters on the following conditions:
a. The City's Code Compliance Division has under the authority of the
Community Development Director opened a code enforcement matter and
has requested the assistance of the City Attorney's Office; and
b. The City Manager has approved initiation of the proposed legal action or
process proposed by the City Attorney's Office; and
c. The City Attorney's Office, on a monthly basis, submits to the City Council
a confidential memorandum subject to the attorney-client privilege
describing code compliance matters for which a legal action or process
has been initiated and the status of those matters; and
d. The City Attorney's Office thereafter briefs the City Council in closed
session as to pending litigation matters at such time as the direction of the
Council is required to consider a settlement, the undertaking of a major
motion (except for demurrers or motions to strike), or proceeding to trial.
3. The City Attorney's Office is hereby authorized to release legal invoices related
to Code Compliance matters, that are otherwise subject to the attorney-client and
attorney work product privileges, solely for the purposes of:
a. filing a motion to recover attorney's fees directly with the Court, and
providing service of such motion and attachments on defendant's legal
Counselor,
b. providing material directly to a financially responsible party or defendant
when determined beneficial by the City Attorney's Office in furtherance of
the City's cost recovery efforts in the matter.
4. The City Attorney is deemed the City Prosecutor for the City of Cathedral City.
5. Should any member of the City Council request that any particular Code
Compliance case be discussed by the full City Council, that the City Attorney's
Office will request that the City Manager take appropriate measures to add the
matter to the next upcoming closed session City Council agenda or as soon
thereafter as the City Manager determines to be practicable.
PASSED, APPROVED, AND ADOPTED this 23rd day of March, 2016
Stanley E. Henry, Mayor
ATTEST: APPROVED AS TO FORM:
1100, 'MILIII01.. • ii
Gary F. Howell, City CI-R Eric S. Vail, City Attorney
State of California )
County of Riverside )
City of Cathedral City )
I, Gary F. Howell, City Clerk of the City of Cathedral City, do hereby certify that
the foregoing Resolution is the actual Resolution adopted by the City Council of the City
of Cathedral City and was passed at a regular meeting of the City Council on the 23rd
day of March, 2016 by the following vote:
AYES: Council Members Aguilar, Carnevale and Kaplan; Mayor Pro
Tem Pettis and Mayor Henry
NOES: None
ABSTAIN: None
ABSENT: None
444--
groAli4t /
Gary F. Howell, City Clerk