HomeMy WebLinkAboutCity Council Resolution 5-I RESOLUTION 5 - I
RESOIETION ESTABLISHING DUTIES OF AND
C(MFENSATION FOR CITY ATTORNEY
The City Council of the City of Saratoga hereby resolves
as follows:
Section 1: DUTIES AND COMPENSATION
Commencing with the fiscal year 1974-1975, and
for each fiscal year thereafter until changed
by resolution, the duties and compensation of the City Attorney shall
b.e as follows:
(A) Basic Retainer and Services Covered:
1. A retainer in the sum of $1,500 per month to
cover the following services:
Attendance at two City Council Meetings per
month;
Attendance at two Planning Commission Meetings
per month;
Attendance at City Offices one-half day each
week until e so agreed. In the event
is required to attend any
of either the Planning
themselves, the time of such attendance
credited against the time allocated to
this requirement.
The preparation of ordinances, resolutions,
contracts and agreements, the rendering of
general discussions on city business,
examination of all documents submitted by the
City far legal the prosecution of
criminal cases, and subject to the qualification
hereafter following, answering various legal
guestions of the citizenry on city business.
the generality ofthe 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 Council
or a Councilman, or the Planning Commission,
until such time as such request is channeled
throUgh either the City Manager, 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
any opinion or legal decision requested by any
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Department Head or Officer until the request
is first cleared through the City Manager.
d
of to whom irected, a copy of all
opinions shall be furnished to the
City ~ger.
2. The within retainer is based upon an aversEe of
thirty-five (35) working hours per month at a rate of
$5.00 per he~r less than the prevailing minin~dm hourly
rate established by the Santa Clara County Bar Association
at top of scale of said minimum bar fee schedule. Either
the City, through its City Manager, or the City
Attorney, at any time request a review and cause a
review to of the within retainer and the City
decrease said basic retainer ~i r°
long as such change does not exceed the balance of the
total City Attol~ey's'budg~t for said fiscal year.
~) Additional Services:
In addition to the foreSoinS, compensation shall
be paid for the following services, to be termed additional
services, at the followins rates:
1. For any special meeting with public groups on
tit business, negotiations of contracts or other matters
on ~ehalf of the city, organization of assessment and
other special districts, and prosecution and defense
of civil actions, at a rate per hour for all non-Court work
in an ~mount equal to the Santa Clara County Bar Association
minimum hourly fee, less $5.00 per hour, and at the Santa
Clara County Bar Association minimma fee for all Court work.
2o For appearance at any special PlanninE Co~ia~ission or
City Council meetings in excess of two each per month,
te
at h basic rate per hour, but onl to the extent that
d to the total ~ours for said month,
such time, when a ded
exceeds thirty-five (35) hours.
Section 2: COSTS AND EXPENSES
The hereinshore set forth fees shall cover and
include all compensation for the City Attorney
and his deputies and assistants, and all office expenses, includinE
rent, books, supplies, secretarial, travel time and other overhead,
except as my 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, filinE fees, Jurors, reporters, witnesses,
and appraisers' fees, lonE distance calls to points
outside of Santa Clara Count and all actually expended but
teasenable travel meal ~ incurred when
~dgingand on
, expenses
business outside of Santa Clara County on behalf of City. Travel,
meal, registration and lodging expenses incurred in attendance
at Lea~ae of California Cities and similar conferences shall also
be reimbursed if specific Council authorization is obtained prior
to any such meeting or conference.
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Section 3:
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 s~me, and he shall be responsible to any such Assistant
or Deputy for all payment of their fees and charges out of and
fro~a the hereinabove set forth compensation of the City Attorney.
The City Attorney has appointed GARY V. GIANNINI
as Assistant City Attorne. for this City and GLENN E. MILLER as
City ec of them
Attorney, .City n°eri ~o
for [ of the City Attorney's duties hereunder.
The above and foregoing Resolution ~as duly and regularly
introduced and passed by the City Council of the City of Saratoga
at a regular meeting held on the 3~d day of July , 1974, by the
following vote:
AYES: Councilmen Smith, Brigham, Kraus, Oiridon ~ Bridges
NOES: None
ABSENT
ATTEST: