CC Resolution No. 4413 ~
• RESOLUTION N0. 4413
'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPOINTING THE CITY ATTORNEY, ASSISTANT CITY ATTORNEY AND
DEPUTY CITY ATTORNEY, DESCRIBING THEIR DUTIES AND PROVID-
ING FOR THEIR COMPENSATION
THE CITY COUNCIL OF THE CITY OF CUPERTINO RESOLVES AS FOLLOWS:
Section l.
Resolutions No. 3037,,3037 (a), 3244, 3559 and 3686 are hereby rescinded, and
this Resolution is adopted in their place.
Section 2. Appointment of David H. Adams:
David H. Adams is hereby appointed City Attorney, City of Cupertino, County
of Santa Clara, State of California.
Section 3. Duties of David H. Adams:
His duties shall consist of the following:
(a) Administrative Duties:
(1) He shall attend all regular and special meetings of the City Council
and the City Planning Commission. His duties in this connection shall be to render
advice and opinions with respect to all legal matters which may arise during any
such meeting, excepting, however, legal matters which may pertain to special assess-
ment or other proceedings wherein legal services are to be provided by special counsel.
(2) He shall also attend meetings of other boards, commissions and committees
of the City, cahen requested to do so by the City Council or the City Manager, at which
time he shall render similar legal advice and opinions.
(3) He shall prepare resolutions, notices, contracts, ordinances and other
documents and papers necessary, or appropriate, in matters pertaining to the City, when
requested to do so by the City. He shall also examine for legal sufficiency all documents
submitted to him by the City.
(4) He shall provide the necessary legal services required in connection with
the acquisition of lands or easements, which shall constitute an administrative duty up
to the point he is directed to commence eminent domain proceeding, at which point it
shall become a litigation service.
(5) He shall cooperate with, and assist, the City, its officers, agents and
employees, on all general legal matters pertaining to the City. However, he shall only
provide legal advice to the staff when authorized to do so by the City Council or the City
Manager.
(6) He shall also perf.orm such other legal services f.or the City as may be
requested by the City Council.
(b) Litig,ation Duties:
(1) He shall render the necessary legal services required in connection with
the conduct of eminent domain proceedings and other litigation to which the City may be
a party.
(2) He shall represent the City in all legal proceedings, whether civil or
criminal, required in the enforcement of the City's ordinances.
r Section 4. Ap.pointment of Charles T. ICilian:
~
Charles T. Kilian is hereby appointed Assistant City Attorney, City of Cupertino,
County of Santa Clara, State of California.
Section 5. Duties of Charles T. Kilian:
Charles T. Kilian shall assist the City Attorney in the performance of his
duties. He shall act in the place of the City Attorney in his absence, or by reason
of his inability to act, for any cause. Nevertheless, he shall not be called upon to
prosecute violations of the City's ordinances.
Section 6. Appointment of Byron C. Foster:
Byron C. Foster is hereby appointed Deputy City Attorney, City o.f Cupertino,
County of Santa Clara, State of California.
Section 7. Duties of Byron C. Foster:
Byron C. Foster shall assist the City Attorney in the performance of his duties.
He shall act in the place of the City Attorney and the Assistant City Attorney in
their absence, or by reason of their inability to act, for any cause.
Section 8. Retainer:
The City Attorney shall receive a monthly retainer from the City in the sum of
Ztao Thousand Dollars ($2,000.00), which shall be considered his full compensation
for the purposes of contributions and withholdings with respect to retirement, social
security, income tax withholdings, and the like. The monthly retainer shall be paid
at the end of each month on the payroll account of the City.
Section 9. Additional Compensation:
In addition, the City Attorney shall receive the following contractual services
compensation:
(a) Administrative:
To the extent that the collective time of the City Attorney, the Assistant
City Attorney, the Deputy City Attorney, and other members of the law firm of the
City Attorney, for the performance of administrative services, exceeds forty-five
(45) hours in any one month, the City Attorney shall be entitled to receive additional
compensation from the City at the rate of Forty-Five Dollars ($45.00) per hour.
(b) Litigation:
The City Attorney shall receive as compensation .for the performance of his
litigation services, and for the litigation services of the Assistant City Attorney,
the Deputy City Attorney, and other members of the lata firm of the City Attorney, com-
pensation at the rate of Fifty Dollars ($50.00) per hour, with a per diem rate of
ltao Hundred Fifty Dollars ($250.00).
(c) Miscellaneous:
The City Attorney shall also be entitled to be reimbursed for his costs and
expenses, and to receive a per diem allowance for attending conferences as hereinafter
provided.
(d) Compensation of Assistant City Attorney and Deputy City Attorney:
The Assistant City Attorney, the Deputy 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.
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• Section 10. Costs: ~
.
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 photo-
graphs and charts needed in connection with litigation, and the like. He shall also
by reimbursed for all long distance telephone calls made to points outside of Santa
Clara County. He shall also be reimbursed for all travel, meals, and lodging expenses
incurred by him, 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 accord~ance with the same reimbursement schedule pro-
vided for other officers of the City.
Section 11. Overhead:
Except as herein othezw ise expressly provided, the City Attorney shall pay for
his own overhead, and that of the Assistant City Attorney, the Deputy City Attorney,
and other members of the law firm of the City Attorney, in.curred at his office located
in the Community Bank Building, San Jose, California, including, but not limited to,
rent, telephone, secretarial, bookkeeping, reception, postage, stationery, office
supplies, insurance, library, copying, taxes and licenses. Nevertheless, the City
shall supply the City Attorney with "City of Cupertino" letterhead stationery and
envelopes, customary secretarial and clerical help provided by members of the City's
staff in the City Hall, and shall also pay for all costs incurred in connection with
maintaining the special municipal la~o library books owned by the City which are on
loan to the City Attorney.
Section 12. Conferences:
The City Attorney and the Assistant City Attorney shall be entitled to attend
conferences of the League of California Cities, and other like conferences and meetings,
in their official capacities. They shall be entitled to be reimbursed for registration,
travel, meals and lodging expenses in accordance with the same reimbursement schedule
provided for other officers of the City attending similar conferences or meetings. The
time spent by the City Attorney or by the Assistant City Attorney, but not both, in
traveling to, or attending, such conferences and meetings, shall be charged against the
City at the rate of Ztao Hundred Dollars ($200.00) per diem.
Section 13. Records, Monthl~ Statements and Audit:
The City Attorney shall maintain careful and accurate rPCOrds in his office of
all time spent by him, the Assistant City Attorney, the Deputv City Attorney, and by
other members of the law firm of the City Attorney (to the closest 1/lOth of an hour),
and of all reimbursable costs advanced by his office, in connection with the City's
business. He shall render at least monthly statements to the City for the performance
of all administrative and litigation services showing the services performed, the hours
spent, the costs advanced, the amount of additional compensation he is entitled to re-
ceive from 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 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, the Deputy City Attorney
and other members of the law firm of the City Attorney, pertaining to business transacted
for the City, shall be open to audit by the City Auditor, upon prior request of the
City Council.
Section 14. Effective Date:
As evidenced by a Minute Order of the City Council duly adopted at its meeting of
March 7, 1977, the effective date of this Resolution shall be March 15, 1977.
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Section 15. Arinual Review:
It shall be Council ~olicy to review the provisions~o~ th.is Resolution annually
including consideration as to the rate of pay of the City Attorney in conjunction
~aith the development of the annual Operating and Construction Budget.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of March , 1977, by the following vote:
Vote Members of the City Council
AYES: Jackson, Meyers, I~Tellis, 0'Keefe, Frolich
NOES: None
ARSENT: None
ABSTAIN: None
APPROVED:
/s/ Donald A. Frolich
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk
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