CC Resolution No. 8693
RESOLUTION NO. 8693
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 HIS COMPENSATION
The City Council of the City of Cupertino resolves
as follows:
Section 1. Previous Resolutions and Memoranda Rescinded
All previous resolutions and memoranda of under-
standing regarding the appointment, duties and compen-
sat ion of the city attorney are hereby rescinded, and
this resolution is adopted in their place.
Section 2. Appointment
Charles T. Kilian is hereby appointed City
Attorney, City of Cupertino, County of Santa Clara,
State of California.
Section 3. Duties of the City Attorney
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 other-
wise determined 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 meet-
ing; except, however, legal matters which are to be pro-
vided by special counsel.
[RES/C/A]
1
2) The City Attorney shall also attend meet-
ings 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 resolu-
tions, notices, contracts, ordinances and other docu-
ments as necessary, or appropriate, in matters pertain-
ing 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 neces-
sary legal services required in connection with the
acquisition of lands or easements, which shall consti-
tute 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. How-
ever, 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 avail-
able to meet with City staff part of one day each week
[RES/C/A]
2
or at such other times as requested by City staff.
7) The City Attorney shall also perform such
other legal services for the City as may be requested by
the City Councilor City staff.
b) Litigation Duties
1) The City Attorney shall render the neces-
sary legal services required in connection with the
conduct of eminent domain proceedings and other liti-
gation 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 41805(a)(1) of the
California Government Code.
Section 4. Appointment of Assistant City Attorney
Cheryl Kershner is hereby appointed Assistant City
Attorney, City of Cupertino, County of Santa Clara,
State of California.
Section S. Duties of the Assistant City Attorney
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 prose-
cutor of the City and shall represent the City with re-
spect to all criminal litigation maintained by the City
[RES/C/A]
3
to enfo~ce its o~dinances o~ ~e1evant po~tions of state
law.
Section 6. Retaine~
The City Atto~ney shall ~eceive a monthly ~etaine~
f~om the City in the sum of fç>ur thousand eight hundred six dollars
($ 4,806.00 which shall be conside~ed full compen-
sation fo~ the pu~poses of cont~ibutions and withhold-
ings with ~espect to ~eti~ement, social secu~ity, if
any, income tax withholdings and the like. The monthly
~etaine~ shall be paid on the fi~st of each month fo~
that succeeding month on the pay~oll account of the City.
Fu~the~mo~e, the City shall cont~ibute to PERS ~eti~e-
ment, health and dental benefits, life insu~ance bene-
fits, as well as social secu~ity (if applicable) in the
same amounts it does fo~ ~egu1a~ City employees. The
City Atto~ney shall be allowed to pa~ticipate in the
City's defe~~ed compensation p~og~am and PERS ~ebate
prog~am (if available) in the same manne~ as ~egula~
City employees.
Section 7. Additional Compensation
In addition, the City Atto~ney shall ~eceive the
following cont~actua1 se~vices compensation:
Administ~ative
a) To the extent that the collective time of the
City Atto~ney, the Assistant City Atto~ney, and othe~
[RES/C/A]
4
members of the law firm of the City Attorney, for the
performance of administrative services, exceeds thirty-
eight (38) hours in anyone month, excluding the time
spent at and preparation for regular and special City
Council meetings, the City Attorney shall be entitled to
receive additional compensation from the City at the
rate of $105.00 per hour.
b) Litigation
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 firm of the City Attorney, com-
pensation at the rate of $105.00 per hour.
c) Miscellaneous
The City Attorney shall also be entitled to be
reimbursed for costs and expenses for attending con-
ferences when approved in advance by the City Manager in
accordance with the same reimbursement schedule provided
for other officers of the City.
d) Compensation of Assistant City Attorney
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 ser-
vices.
[RES/C/A]
5
Section 8. Costs
The City Attorney shall be entitled to be reimburs-
ed by the City for all costs advanced by him such as
court costs, filing fees, service of process fees re-
porters' fees, jurors' fees, witness fees, investi-
gators' 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 of the 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 of
the City.
Section 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 of the 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, book-
[RES/C/A]
6
keeping, reception, postage, stationery, office sup-
plies, insurance, library, copying, taxes and license.
Furthermore, telephone calls in which there is no sub-
stantive 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. Records, Monthly Statements and Audit:
The City Attorney shall maintain careful and ac-
curate 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 1/10th 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 liti-
gation services following the services performed, the
hours spent, the costs advanced, the amount of addition-
al compensation he is entitled to receive from the City
[RES/C/A]
7
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 by general warrant
within thirty (30) days after said approval. Books of
account and the time records of the City Attorney, the
Assistant City Attorney, and other members of the law
firm of the City Attorney, pertaining to business trans-
acted for the City, shall be open to audit by the City
Auditor, upon prior request of the City Council.
Section 11.
It shall be the City Attorney's responsibility and
duty to have current knowledge of laws and judicial de-
cisions which may have an effect on municipal govern-
ments. City Attorney's conferences with staff of the
law firm 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.
Section 12. Effective Date
The effective date of this Resolution shall be July
1, 1992.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Cupertino this 6th day of July ,
[RES/C/A]
8
1992 by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Dean, Goldman, Szabo, Sorensen
None
Koppel
None
APPROVED:
/s/ Lauralee Sorensen
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
[RES/C/A]
9