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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; ,I Iii . - ~ I! :'(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 )J~ rtkUA/ÂMJ ~~~;-l- - ~: . --- ~~jLERK