HomeMy WebLinkAboutCity Council Resolution 961
RESOLUTION NO. 961
RESOLUTION ESTABLISHING DUTIES AND COMPENSATIon
FOR CITY ATTORNEY
The City Council of the City of Saratoga does hereby
resolve as follows:
Section 1: DUTIES AND COHPENSATION
Commencing with the fiscal year 1980-81, and for
each fiscal year thereafter, to be reviewed as a part of the
annual budget process, the duties and compensation of the
City Attorney shall be as follows:
(A) Basic Retainer and Services Covered:
1. " Arf:!tainer in the sum of $2,100 per month
and contribution to State of California Public
Employees Retirement System to cover the following
Services:
(a) To attend monthly meetings and
conferences up to thirty-five (35) hours
per month, as follows:
(1) Two regular Council meetings;
(2) Two Planning Commission meetings;
(3) Four mornings to be present at
City Hall for conferences and consul-
tations with staff members as may be
necessary, such day to be agreed
upon between the City Attorney and
the City Manager,
1. The intention of the parties being that
at least four meetings and four morning conferences
per month will be attended up to thirty-five (35)
hours per month. If anyone of the above meetings
or conferences is not held, another meeting or
conference may be substituted in its place.
The preparation of ordinances, resolu-
tions, contracts and agreements, the rendering of
opinions, general discussions on city business,
examination of all documents submitted by the City
for legal insufficiency, the prosecution of criminal
cases, and subject to the qualification hereafter
following, answering various legal questions of the
citizenry on city business. Notwithstanding the
generality of the foregoing, the City Attorney shall
have the right to refuse to render an opinion or
legal decision on any request made by anyone other
than the City Manager, a Department Head or Officer,
the City Councilor a Councilman, or the Planning
Commission, until such time as such request is
channeled through either the City t1anager, or the
Department Head of the Department having charge of
the field to which the question relates, or the
Planning Commission or City Council, Further, in
the event the City Attorney shall deem it in the best
interest of the City, he may defer the rendition of
any opinion or legal decision requested by any
Department Head or Officer until the request is first
cleared through the City Manager. Regardless of to
whom directed, a copy of all written opinions shall
be furnished to the City Manager.
2. To provide the Council, its planning
commissioners, officers, agents and employees with
telephonic advice and opinions relating to City
business upon request by the City Mayor or City Manager.
3. To assist the City Council, its planning
commissioners and staff in drafting ordinances, rules,
regulations and resolutions relating to the conduct
of the City business,
(B) Additional Services
In addition to the foregoing, compensation shall
be paid for the following services, to be termed
additional services, at the rate of $65,00 per hour
for said Attorney and $15,00 per hour for secretarial
services.
(1) Preceedings for annexation or exclusion of
territory to or from the City of Sarato8a,
including auxiliary proceedings such as
appearances before the Local Agency Formation
Commission and/or proceedings related to
matters within the jurisdiction of said
Conunission;
(2) Attending meetings or conferences in excess
of those specified in Section 1, above,
except as otherwise herein provided;
(3) Any services rendered under Section 1 above
in excess of thirty-five (35) hours per
month;
(4) Any proceedings relating to special joint
powers agreements, except that a review of
such agreements shall be included within
the services rendered for the monthly
retainer set forth in paragraph 4;
(5) Any proceeding for financing of public
improvements, whether by general obligation
bonds, revenue bonds, or special assessment
and assessment bond proceedings, or by way
of lease-purchase agreements, including but
not limited to, property owners or voters
. meetings and committee and staff meetings;
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:'(6,i Any proceedings requiring litigation, other
,..l' than validating proceedings, deemed necessary
and recommended by us, including proceedings
in eminent domain and including proceedings
relating to the enforcement of the ordinances
and regulations adopted by the City;
(7) Any proceedings relating to claims against
the City arising under its liability insur-
ance policies;
(8) Any services beyond those normally provided
which are necessary to
qualify for any loan or for the sale of
any bonds to the State of California or the
Federal Government, or to any agency, divi-
sion, department or mandatory thereof.
(9) Any services rendered in connection with the
preparation, redrafting, or review of any
major existing ordinance or any proposed
new major ordinance, or any major chapter of
any title of the Saratoga Municipal Code,
and the clerical services related therewith.
Section 2: COSTS AND EXPENSES
The hereinabove set forth fees shall cover and include
all compensation før the City Attorney and his deputies and
assistants, and all office expenses, including rent, books,
supplies, secretarial, travel time and other overhead, except
as may otherwise specifically be provided.
The City shall reimburse the City Attorney for all costs
advanced by him on behalf of City such as (by way of example)
court costs, filing fees, jurors, reporters, witnesses, investi-
gator and appraisers fees, long distance calls to points out-
side of Santa Clara County, and all actually expended but
reasonable travel, meal and lodging expenses incurred when on
business outside of Santa Clara County on behalf of City. Travel,
meal, registration and lodging expenses incurred in attendance
at League of California Cities and similar conferences shall
also be reimbursed if specific Council authorization is obtained
prior to any such meeting or conference,
Section 3: ASSISTANTS AND DEPUTIES
,
The City Attorney may appoint one or more Assistants
or Deputies to carry out any of the above set forth functions,
but the City Attorney shall be directly responsible to the City
for the satisfactory performance of the same, and he shall be
responsible to any such Assistant or Deputy for all payment of
their fees and charges out of and from the hereinabove set
forth compensation of the City Attorney.
The City Attorney has appointed Dunham B, Sherer and
Harold S, Toppel as Deputy City Attorney for this City, and
in the absence or inability to act of the City Attorney, the
City may call upon either or both of them for performance of
the City Attorney's duties hereunder,
The above and foregoing Resolution was duly and regu-
larly introduced and passed by the City Council of the City
of Saratoga at a regular meeting held on the 2nd day of July,
1980, by the following vote:
AYES: Clevenger~ Mallory, Jensen~ ~nd Wa.tsQn
NOES: NQne
ABSENT: Callon
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