HomeMy WebLinkAboutCity Council Resolution 5-K RESOLUTION 5-K
RESOLUTION ESTABLISHING DUTIES OF AND
COMPENSATION FOR CITY ATTORNEY
The City Council of the City of Saratoga does hereby
resolve as follows:
Section 1: DUTIES AND COMPENSATION
Commencing with the fiscal year 1979-1980, and
for each fiscal year thereafter until changed by resolution,
the duties and compensation of the City Attorney shall be
as follows:
(A) Basic Retainer and Services Covered:
1. A retainer in the sum of $2,096.00 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, on such days as agreed upon between the
City Attorney and the City Manager, said day
hereby being established as Tuesday of each
week until otherwise so agreed. In the event
the City Attorney is required to attend any
Committee Meeting of either the Planning
Commission or the Council, as distinguished
from either Planning Commission or Council
meetings themselves, the time of such atten-
dance shall be credited against the time
allocated to this requirement.
The preparation of ordinances, resolutions,
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 quali-
fication 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 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 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. The within retainer is based upon an average
of 35 working hours per month. Either the City,
acting through its City Manager, or the City Attorney,
may at any time request a review and cause a review
to be made of the within retainer and the City
Council at all times retains the power to increase
or decrease said basic retainer within any fiscal
year so long as such change does not exceed the
balance of the total City Attorney's budget for
said fiscal year.
(B) Additional Services:
In addition to the foregoing, compensation
shall be paid for the following services, to be
termed additional services, at the following rates:
1. For any special meeting with public groups
on City business, negotiations of contracts or other
matters on behalf of the City, organization of assess-
ment and other special districts, and prosecution
and defense of civil actions, at a rate of $50.00
per hour for all non-court work and at prevailing
rates for all court appearances and trial.
2. For appearance at any special Planning
Commission or City Council meetings in excess of
two each per month, at the basic rate per hour,
but only to the extent that such time, when added
to the total hours for said month, exceeds 35 hours.
Section 2: COSTS AND EXPENSES
The hereinabove set forth fees shall cover and
include all compensation for 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,
investigator and appraisers' fees, long distance calls to points
outside 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 con-
ferences shall also be reimbursed if specific Council authori-
zation is obtained prior to any such meeting or conference.
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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 compensa-
tion of the City Attorney.
The City Attorney has appointed GARY V. GIANNINI
as Assistant City Attorney for this City and GLENN E. MILLER
as Deputy City Attorney, 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
regularly introduced and passed by the City Council of the
City of Saratoga at a regular meeting held on the 15th day
of August, 1979, by the following vote:
AYES: Councilmen Kalb, Matteoni, Kraus and Corr
NOES: None
ABSENT: Councilwoman Callon ..i./
ATTE
CITY CLERK
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