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CC Resolution No. 8900 RESOLUTION NO. 8900 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPOINTING THE CITY ATTORNEY AND ASSISTANT CITY ATTORNEY, DESCRIBING THEIR DUTIES AND PROVIDING FOR IDS COMPENSATION THE CITY COUNCIL OF THE CITY OF CUPERTINO RESOLVES AS FOLLOWS: Section 1. Previous Resolution and Memoranda Rescinded All previous resolutions and memoranda of understanding regarding the appointment, duties and compensation of the city attorney are hereby rescinded, and this resolution is adopted in their place. Section 2. ApDointment Charles T. Kilian is hereby appointed City Attorney, City of Cupertino, County of Santa Clara, State of California. Section 3. Duties or the City Attornev The City Attorney's duties shall consist of the following: a) Administrative duties 1) The City Attorney shall attend all regular and special meetings of the City Council unless otherwise detennined by the mayor. Duties in this connection shall be to render advice and opinions with respect to all legal matters which may arise during any such meeting; except, however, legal matters which are to be provided by special counsel. 2) The City Attorney shall also attend meetings of other boards, commissions, and committees of the City when requested by the City Councilor City staff at which time similar legal advice and opinions shall be rendered. 3) The City Attorney shall prepare resolutions, notices, contracts, ordinances and other documents as necessary, or appropriate, in matters pertaining to the City, when requested to do so by the City Councilor City staff. He shall also examine for legal sufficiency all documents submitted to him by the City. 4) The City Attorney shall provide the necessary legal services required in connection with the acquisition oflands or easements, which shall constitute an administrative duty up to the point direction is given to commence eminent domain proceedings, at which point it shall be come a litigation service. 5) The City Attorney shall cooperate with, and assist, the City, its officers, agents and employees, on all general legal matters pertaining to the City. However, the City Attorney shall only provide legal advice to the staff when authorized to do so by the City Councilor the City Manager. 6) The City Attorney shall make himself available to meet with City staff part of one day each week or at such other times as requested by City staff. 7) The City Attorney shall also perfonn such other legal services for the City as may be requested by the City Councilor City staff. b) LitÌlzation Duties 1) The City Attorney shall render the necessary legal services required in connection with the conduct of eminent domain proceedings and other litigation in which the City may be a party. 2) The City Attorney shall represent the City in all civil legal proceedings but is expressly relieved from all prosecutorial responsibilities on the City's behalf within the meaning of Section 4l805(a) (1) of the California Government Code. Ser:tion 4. ADDointment of Assistant Ci(y Attornev Cheryl Kershner is hereby appointed Assistant City Attorney, City of Cupertino, County of Santa Clara, State of California Section S. Duties uribe Assistant City Attornev The Assistant City Attorney shall assist the City Attorney in the performance of his duties and shall act in the absence of the City Attorney for any cause. In addition, the Assistant City Attorney is the chief prosecutor of the City and shall represent the City with respect to all criminal litigation maintained by the City to enforce its ordinances or relevant portions of state law. 2 Section 6. R~t'¡ner The City Attorney shall received a monthly retainer fTom the City in the swn of four thousand nine hundred fifty dollars ($4,950.00) which shall be considered full compensation for the purposes of contributions and withholdings with respect to retirement, social security, if any, income tax withholdings and the like. The monthly retainer shall be paid on the first of each month for that succeeding month on the payroll account of the City. Furthennore, the City shall contribute to PERS retirement, health and dental benefits, life insurance benefits, as well as social security (if applicable) in the same amounts it does for unrepresented City employees. The City Attorney shall be allowed to participate in the City's deferred compensation program and PERS rebate program (if available) in the same manner as regular City employees. S~tion 7. Additional Compensation In addition, the City Attorney shall receive the following contractual services compensation: Administrative a) To the extent that the collective time of the City Attorney, the Assistant City Attorney, and other members of the law fmn of the City Attorney, for the performance of administrative services, exceeds thirty-eight (38) hours in anyone month, excluding the time spent at or preparation for regular and special City Council meetings, the City Attorney shall be entitled to receive additional compensation fTom the City at the rate of$110.00 per hour. b) Litip"ation The City Attorney shall receive as compensation for the performance of his litigation services, and for litigation services of the Assistant City Attorney, and other members of the law finn of the City Attorney, compensation at the rate of $110.00 per hour. c) Miscellaneous The City Attorney shall also be entitled to be reimbursed for costs and expenses for attending conferences when approved in advance by the City Manager in accordance with the same reimbursement schedule provided for other officers of the City. 3 d) ComÅ“nsation of Assistant City Attornev The Assistant City Attorney, and other members of the law firm of the City Attorney shall look solely to the City Attorney for compensation for their services. Sef:tion 8. Cost.. The City Attorney shall be entitled to be reimbursed by the City for all costs advanced by him such as court costs, filing fees, service of process fees, reporters' fees, jurors' fees, witness fees, investigators' fees, appraisers' fees, cost of photographs and charts needed in connection with litigation, and the like. The City Attorney shall also be reimbursed for all long distance telephone calls made to points outside of Santa Clara County. Reimbursement shall be made for all travel, meals, and lodging expenses incurred by the City Attorney, the Assistant City Attorney, the Deputy City Attorney, and other members ofthe law firm of the City Attorney, when on business outside of the County of Santa Clara for the City, in accordance with the same reimbursement schedule provided for other officers ofthe City. S~tioD 9. Overhead Except as herein otherwise expressly provided, the City Attorney shall pay for his own overhead,and that of the Assistant City Attorney and other members of the law firm ofthe City Attorney, incurred at the office located in the Kodak Center, 1740 Technology Drive, Suite 250, San Jose, California 95110-1315, including but not limited to rent, telephone, secretarial" bookkeeping, reception, postage, stationery, office supplies, insurance, library, copying, taxes and license. Furthermore, telephone calls in which there is no substantive conversation between the City Attorney or a member of his firm and a City Council member or City staff shall be considered part of the overhead costs. Nevertheless, the City shall supply the City Attorney with "City of Cupertino" letterhead stationery and envelopes and shall also pay for all costs incurred in connection with maintaining the special municipal law library books owned by the City which are on loan to the City Attorney. Section 10. Reeords. Monthlv Statements and Audit The City Attorney shall maintain careful and accurate records in his office of all time spent by him, the Assistant City Attorney, and by other members of the law firm of the City Attorney (to the closest 1I1Oth of an hour) and of all reimbursable costs advanced by the firm in connection with the City's business. The City Attorney shall render at least monthly statements to the City for the performance of all administrative and litigation services following the services performed, the hours spent, the costs advanced, the amount of additional compensation he is entitled to receive fi-om the City for the period in question. If approved, the additional compensation shown to be due by his statement shall be paid to the City Attorney by the City in general warrant within thirty (30) days after said approval. Books of account and the time records of the City Attorney, the Assistant 4 City Attorney, and other members of the law finn of the City Attorney, pertaining to business transacted for the City, shall be open to audit by the City Auditor, upon prior request ofthe City Council. S~tion 11. It shall be the City Attorney's responsibility and duty to have current knowledge of laws and judicial decisions which may have an effect on municipal governments. City Attorney's conferences with staff of the law finn shall be considered the City Attorney's own responsibility, not the City's responsibility. He may be asked to meet the City Council and/or staff to keep them abreast of laws and judicial decisions impacting municipal government. S~tion 12. Eff~tive Date The effective date of this Resolution shall be June 14, 1993. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 s t day of June , 1993, by the following vote: Vote Members ofthe City Council AYES: NOES: ABSENT: ABSTAIN: Dean, Goldman, Koppel, Sorensen, Szabo None None None APPROVED: /s/ Nick Szabo Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk 5