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Attorney study session
Public Management Advisors LLC Jayne W. Williams Principal CUPERTINO CITY ATTORNEY SERVICES REPORT TO THE CITY COUNCIL May 6, 2008 INTRODUCTION AND BACKGROUND At the end of December, 2008, the City of Cupertino will bring to a close an arrangement with Charles Kilian in which he has provided city attorney services to the City for over 37 years. Public Management Advisors LLC, the management consulting arm of the law firm of Meyers Nave,1 was engaged to furnish the City Council and City Manager with an analysis and report that will facilitate the City's transition to a new era of city attorney services and which will also equip the Council and City Manager with a framework for determining the mode of city attorney services that best satisfies the City's needs. Jayne Williams conducted interviews and consultations with Mayor Dolly Sandoval, Vice Mayor Oren Mahoney and Councilmember's Gilbert Wong and Mark Sontoro; and City Manager David Knapp and City Attorney Kilian regarding their views of this assignment as well as to gauge their expectations of a final product. In addition, Ms. Williams reviewed various City records and documents including the City's annual budget and related summaries, City Council minutes relating to the Council's discussions regarding the development of an evaluation process for the City Attorney, City administrative procedures and policies pertaining to legal services; City Attorney Kilian's employment agreement and the Cupertino Municipal Code pertaining to City Attorney services. ~ Formed in 1986 for the specific purpose of representing public agencies, Meyers Nave represents hundreds of cities, counties and special districts throughout the State. 55512th Street, Suite 1500 I Oakland, California 94607 I tel 800.714.7427 I fax 510.444.1108 ~ www.publicadvisors.com We have approached this engagement from amulti-dimensional perspective in an effort to appropriately account for the varied concerns and expectations. Thus, we are_providing you with a report and analysis that ranges widely in scope and is comprised of the following subject areas: • An overview of the role of the City Attorney in relationship to the dynamics of the City Council and City Manager operations. • Some approaches to devising a process and procedure for the Council to regularly, responsibly, and fairly evaluate the performance of the next City Attorney. • Provide an overview of the tasks performed by the City Attorney and a "job description" that reflects the current and prospective demands and expectations for legal services for the next City Attorney as articulated by the Council and City Manager. • A review and discussion of the compensation and cost factors associated with the City Attorney position and the Office of the City Attorney and a survey of costs for _ city attorney services in a sample of municipalities comparable in size and complexity to Cupertino. • A discussion of the differences and similarities of "in-house" and contract city attorneys to aid the Council in determining the most effective means of legal service delivery following the retirement of the incumbent City Attorney. 2 OVERVIEW OF THE ROLE OF THE CITY ATTORNEY The most recurring questions and concerns that emerged from the interviews with members of the Council were these: "What does a City Attorney do?"; "What should the job description for our next City Attorney be so that we can devise a process to evaluate his or her performance?"; "What kind of performance measures should we impose on the next City Attorney"? The Council is not alone in raising these questions. In my some 34 years of practicing municipal law in California, I have encountered these questions in some form or another from many local government officials. Moreover, such questions are understandable considering that the City has only had three (3) City Attorneys in its 53-year history, and that one of the three-City Attorney Kilian-has served as the City's attorney for over thirty-seven (37) years. To provide the Council with an informed approach to answering these questions, we believe that it is important and necessary that you have an understanding of the role of the City Attorney. To this end, we provide this brief overview of the role of the City Attorney in the municipal governance context. Regardless of the size and complexity of the local government; effective and responsive municipal governance requires a thorough understanding of the respective roles of the City Attorney, City Manager and the City Council. The interplay of these separate and legally distinct spheres of authority and power must be clearly defined, understood, and faithfully observed by each sphere to assure effective and legally sound municipal governance. Basic to an understanding of the Council-City Attorney relationship is for the Council to be eternally vigilant in recognizing that this relationship is one of an attorney-client nature. By whatever mode you choose to retain your next City Attorney, he, or she, is the chief legal advisor for the City-the 3 municipal corporation as an entity. The City Council, as the governing body of the municipality, is the Gity Attorney's "client." Neither an individual council member, city official, or employee can function as the client in relationship to the City Attorney. The California State Bar Rules of Professional Conduct defines an attorney's role and responsibilities in representing an organization, as follows: In representing an organization, a member shall conform his or her representation to the concept that the client is the organization itself, acting through its highest authorized officer, employee, body or constituent overseeing the particular engagement.2 Although the City Attorney's allegiance must be to the City acting through the City Council, the highest political body of the City, a City Attorney must be skilled at identifying the various client relationships and conflicts that could arise at any given time. Like Cupertino, inmost jurisdictions, the City Attorney is appointed by and takes direction from a majority of the Council. It should be understood and appreciated that he/she should not take any action requested by an individual council member contrary to the desires of the City as expressed by a majority of the Council.3 Effective and regular communication between the City Attorney and the Council is essential to a harmonious City Attorney-Council relationship. The City Attorney must treat all Council Members equally whether or not they are in the majority. For the Council-City Attorney relationship to function well, all Council members must receive objective and helpful legal advice from the City Attorney. The appearance of partiality by the City Attorney in dealings with individual Council members is the sure path to a fractured relationship. I believe that State Bar Rules Prof. Conduct, rule 3-600. Cupertino Municipal Code Chapter 2.18: City Attorney; California Government Code Sec. 36505 4 objectivity and openness on the part of the City Attorney in his or her interaction with the Council maybe the most important traits in a city attorney that engenders trust between the Council and its attorney. The City Attorney should not withhold information from the Council. That does not mean that gratuitous personal remarks made to the City Attorney should be passed on to the entire Council. However, each member of the legislative body has a right to critical information related to the legal matter at hand. The City Attorney should not promise to keep conversations with one official confidential from another. When a client says, "Can we keep this conversation just between you and me?" the City Attorney should answer: "The Council as a whole is the client and I would not be able to withhold any material information from the Council." An essential duty of the City Attorney is to keep the Council advised of all developments of significance, whether this relates to litigation or otherwise. There is, without a doubt, nothing more irritating to a Council Member than to find out something from a citizen or from the newspaper rather than through the City Manager or the City Attorney. To provide sound legal advice and consultation to the City, the City Attorney must have a knowledge and familiarity with a wide array of court decisions as well as complex federal, state and regional administrative regulations and statutory provisions. This body of municipal law is not static-it is in constant flux. The California appellate courts publish several cases daily that can directly impact and influence the procedures, policies and the legal parameters of municipal government. The California Legislature yearly adds thousands of new statutes and amendments to existing statutes. Administrative agencies regularly promulgate regulations that impinge on municipal affairs. Because of the complexity of the law and the need for accuracy, if not infallibility considering the cost of error, the City Attorney is often placed in a position where, to 5 render legal advice orally and "shoot from the hip," might present more exposure to the City than if a decision is delayed. As a consequence, the City Attorney sometimes finds him/herself in a position of occasionally saying "no, but let me research the matter and I'll provide the Council (or staff) with a written opinion." This may be a source of frustration, if not aggravation, to the Council that wants to make a decision immediately, or initiate a course of action immediately. Nonetheless, a correct decision delayed is better than an erroneous decision hurried. Preparing for and attending Council meetings and providing on-the-spot or written legal advice to the Council is generally a minor part of the overall responsibilities of the City Attorney. In fact, it probably represents only a fraction of the total workload of the City Attorney. During the day-to-day administration of City business and during the implementation of the Council's policy decisions through city administrative and managerial personnel, a number of legal issues will frequently arise that require the assistance of the City Attorney. Also, most cities, like Cupertino have several specialized boards and commissions that perform advisory and regulatory functions in a variety of technical areas. Each of these boards and commissions requires the legal advice and counsel of the City Attorney, as well as requiring that the City Attorney possess a working knowledge of these board's subject matter and jurisdiction. The City Attorney's advice is often provided within the context of an understanding of the relative roles and authority of the constituent parts within the organization; for example, between the City Manager and the Council, or between an advisory board and the Council or Manager, or between the Mayor and Council. These roles, responsibilities and constraints are set out in the municipal code or general law. They reflect a fundamental policy about the nature of good government. When the City Attorney objectively responds to and evaluates a request without taking sides or acting as an advocate for any constituent part, the long-term viability of 6 the City as an institution is enhanced. The City Attorney's advice and guidance in construing the underlying structural law will help to ensure that the proper balance among the constituent parts is struck from day to day. A community in which politics are stable and issues are relatively simple and direct will require less from its City Attorney than a community that is vibrant, seeking new directions, challenging the status quo, and publicly debating new ideas and novel solutions to problems. A community not faced with explosive growth, financial constraints, quality of life issues, environmental concerns, adequate affordable housing, changing demographics, and corporate and industrial retention is unlikely to require the level of legal service that a community with all or some of these problems-and a political body elected to remedy the same-is going to demand. To belabor the obvious, the relationship between the City Attorney and the many public officials who embody his/her client, the City, at any given moment, is just that-a relationship between human beings. All the ingredients that make for good relationships will enhance these ones. Respect, humor, appreciation, patience, sensitivity to another's position and feelings, not being defensive, appreciating context, starting each day with a positive outlook, are all traits which a City Attorney should foster. A City Attorney practices law in a public fishbowl and the public scrutiny can be challenging. However, at the end of the day what counts is the attorney- client relationship and trust that has developed for the long haul, not the tempests of the moment. We hope that the foregoing discussion provides those of you who have raised questions to me regarding "What does the City Attorney do?" with some basis for answering your question. In addition, we intend that this brief examination of the role of the City Attorney will provide you with a framework and reference for developing a meaningful process for evaluating 7 the City Attorney, and even perhaps, in aiding you in the recruitment and hiring of your next City Attorney. GETTING A HANDLE ON THE EVALUATION PROCESS A major component of this assignment is for us to provide the Council with a mechanism for evaluating the performance of the next City Attorney. Historically, performance evaluations of City Attorneys were rarely conducted. The legal services performed by the City Attorney- driven as they are by a complex and constantly changing set of laws and regulations legal opinions, and compliance with California State Bar professional rules and codes of conduct- were deemed too cumbersome and elusive to accurately and fairly assess the performance of the City Attorney. Most frequently, what could be called a performance evaluation of the City Attorney was in reality what is known as a "situational feedback" review. The situational feedback review usually takes place at the conclusion of a trial or a lengthy and complex transaction, and the purpose is to review and assess the results and critique the performance of those associated with the outcome of the particular matter. I am informed, and you undoubtedly are aware, that the incumbent City Attorney has never had a performance evaluation in his 37-year tenure. In recent years, however, a growing number of cities have recognized the necessity and desirability for the City Council to conduct a regular performance evaluation of its City Attorney (most often annually). As you might guess, the format, process, and procedure used by the cities that formally evaluate their City Attorney's performance vary widely. There is no "one size fits all" performance evaluation process or format. The evaluation process provides a valuable communication mechanism for the Council and the City Attorney to discuss, not only the activities that the City Attorney has performed over the course of the evaluation period, but to obtain direction from the Council regarding priorities, expectations, and relationships. A structured and effectively managed evaluation process also protects the City and the City Attorney in the event there is a need to take action to separate the City Attorney from the position. The advantages of a formal evaluation process are many. For a newly hired City Attorney, in particular, an evaluation provides direction to the City Attorney regarding the Council's expectations and sets forth a work plan for the next period or beyond. It can also provide an opportunity to discuss the style and manner in which the Council prefers its legal affairs to be handled. If Council members and/or the City Attorney is reluctant to discuss performance-related issues and matters of a sensitive nature, a formal evaluation process provides a vehicle to make those discussions easier, more productive and focused. Ultimately, the format and process for the evaluation of the City Attorney turns on two necessary elements: (1) the job description of the City Attorney; and (2) the expectation and concerns of the City Council. THE JOB DESCRIPTION FOR THE NEXT CITY ATTORNEY As we stated above, the job description for the City Attorney position is a critical component of the performance evaluation. In my preparation for this aspect of our assignment, I reviewed your 2007-2008 budget documents, and discussed with City Attorney Kilian his work during his tenure as your City Attorney. From the 2007-2008 budget document, and what Mr. Kilian has provided as his "scope of work" during his tenure, I believe the essential ingredients of a job description for the next City Attorney are, for the most part, appropriately described. 9 The 2007-2008 Budget document describes the City Attorney's services as follows: Program Overview The City Attorney serves as legal counsel to the City Council, City Commissions, and City administrative staff. The City Attorney's Office prepares ordinances and resolutions as requested, prepares or reviews contracts and agreements, conducts research and supports the City in litigation and some negotiations. The City Attorney's Office prosecutes code violations and supervises the Code Enforcement Division.4 Secretarial and support services are provided to the City Attorney's Office by the City. Service Objectives Attend or provide legal representation at all regularly scheduled City Council meetings, provide procedural and legislative information to the Council, and attend commission and staff meetings as requested. Meet with the City administrative staff on a regular basis to provide legal services and advice. Oversee the City's Code Enforcement Division and prosecute.municipal code violations as necessary. SUMMARY OF CURRENT CITY ATTORNEY'S SCOPE OF SERVICES In a July 2, 2004 memorandum to the City Council, to assist in the Council's deliberations regarding an evaluation process, City Attorney Kilian provided the Council with a general description of the activities that the City Attorney's Office was involved in at that time. Recently, at my request, Mr. Kilian provided an update of activities since 2004. Typical of most jurisdictions, City Attorney Kilian estimates that "less than fifteen percent of the time spent by the City Attorney's Office involves providing legal advice to the City Council. The vast majority of time is spent advising City management staff and interacting with other public agencies, members of the public, and attorneys representing private parties." a In December 2007, following the retirement of the Assistant City Attorney, the supervision of the City's Code Enforcement Division was transferred to the Administrative Services Department. There are no plans to renew this function within the City Attorneys Office. 10 I have synthesized and complemented, where appropriate, what I understand is the scope of services. currently provided by the incumbent_ City Attorney: • Lawsuits: Advice regarding potential lawsuits and participation in both formal and informal negotiations including arbitration, mediation, meet and confer, and any other alternative dispute resolution to resolve the conflict prior to a lawsuit. If a lawsuit occurs pursue or defend vigorously. Note: The City of Cupertino is a member of the ABAG risk management pool. ABAG serves as the risk manager for claims and litigation and provides for the City's defense in most tort actions. The City has not been a party to many lawsuits over the years and legal costs have been very minimal for outside counsel for litigation matters-less than $100,000 over the past three years. • Code Enforcement Prosecutions: Initiates both criminal prosecution and civil nuisance abatement. City Attorney Kilian states: "Code violations, while appearing minor on their face, have a tremendously negative effect on the citizens of Cupertino. Recent code violations prosecuted include dangerous dogs, destruction of protected trees, graffiti removal, massage establishment violations, home occupation violations, and noise abatement." Supporting the importance that is placed on this activity, City Attorney Kilian indicated in his 2004 report that over the past fifteen years, the City Attorney's Office has prevailed or settled to the satisfaction of the City every code enforcement prosecution. Note: For the past three years, up until December 2007, the City Attorney's Office administered the City's Code Enforcement Division. The Assistant City Attorney served as the Division Head of Code Enforcement (which included making personnel decisions and allocating Code Enforcement resources 11 throughout the City). When the Assistant City Attorney retired in December 2007, this responsibility was transferred to the City Manager's Office under the _supervision of the Director of Administrative Services. In addition, since the vacancy in the Assistant City Attorney position, the City Attorney has utilized the resources of the outside firm of Atkinson-Farasyn (Marc Hynes) to handle code enforcement matters, as assigned. • Resolutions: The City Council passes an average of 240 resolutions a year. Most, if not all, are drafted or reviewed by the City Attorney. This involves both factual and legal research and writing. • City Policies: In consultation with the City Manager and City Department Heads or the City Council, City policies are drafted or reviewed by the City Attorney for legal sufficiency. • ,City Ordinances: The City of Cupertino passes approximately 20-25 new or amended ordinances each year that are drafted by the City Attorney. In addition, the City Attorney reviews existing City Ordinances on an ongoing basis for conformance with current law and practice. • Contracts: The City Attorney drafts or reviews numerous contracts and agreements arising from various City departments and activities. The breadth of subject matter expertise includes consultant agreements, public works contracts, and telecommunications agreements, purchasing contracts, development agreements, housing documents, real estate documents, personnel contracts and more. The City Attorney must review contracts and agreements with a variety of public agencies and 12 special districts, including contracts with the Santa Clara County Sheriff's Department and other County departments for the delivery of the City's law enforcement services. In addition, the City Attorney is an active participant in contract negotiations, upon request, and handles all contract claims filed against the City. • Elections: The City Attorney advises the City Council and City Clerk on election and election-related matters. The City Attorney is responsible for the preparation of City ballot measures and the legal analysis and summary. Upon request, the City Attorney consults with the Fair Political Practices Commission (FPPC) on campaign issues. • Conflicts of Interest: Informs the City Council, staff and commissions and keeps them apprised of changes in the law regarding conflicts of interest, contributions, gift limits, incompatible offices, election prohibitions and ethics requirements, including compliance with AB 1234 training mandates. Consults with the FPPC and State Attorney General's Office, as required. • Bidding Procedures: Advises on all bidding activities and compliance with state and local laws, regulations and procedures. • Leases: Drafts or reviews all City leases for City property and leases entered into by the City. The City Attorney imitates and prosecutes unlawful detained actions in the case of hold over tenants on City properties. • Redevelopment Agency: The City Attorney serves as the general counsel of the Redevelopment Agency and as such, must be knowledgeable in the area of redevelopment law and activities within the Agency's jurisdiction. 13 • Land Use: The City Attorney drafts, reviews or approves a myriad of documents arising out of land use activities, advises the Director of Community Development and City Manager on such matters, and provides counsel and advice to the City Planning Commission. The City Attorney must be knowledgeable in the areas of land use, planning and zoning and environmental law (CEQA). Note: Since the retirement of the Assistant City Attorney in December 2007 there has not been regular and consistent City Attorney staff attendance at City Planning Commission meetings. City Attorney staffing has been provided on an as-needed basis only. There has been some concern voiced by some Council members that a more regular and consistent City Attorney presence at Planning Commission meetings is preferable, even though the Commission is, for the most part, advisory to the Council. • Housing and BMR Program: The City Attorney reviews documents including lease and purchase agreements for legal compliance and compliance with the BMR manual. • Community Development Block Grant Program: The City Attorney's Office participates on the CDBG Advisory Committee. • Bankruptcy claims: Reviews any bankruptcy where the City is or may be a claimant and files appropriate documents. • Franchise Agreements: The City enters into a variety of franchise agreements including agreements for garbage service, cable television, utilities, fiber optics and telecommunications. Agreements in all of these areas must be drafted or reviewed by the City Attorney. 14 • Legal Research and Interpretation: Legal research and the issuance of formal and informal legal opinions and advice consume a large amount of the City Attorney's time. Responding to legal inquiries from departmental staff, the City Council and commissions in a timely manner requires knowledge and skill in all areas of municipal law. • General Municipal Law: The City Attorney must be well versed in all aspects of municipal law, including the Brown Act, the Public Records Act, municipal finance (taxes, fees and assessments) and personnel and labor relations. CONDUCTING THE PERFORMANCE EVALUATION: THE FORM Once you have a job description for the City Attorney that you are satisfied with, you must next devise a format and process for conducting the evaluation itself. To this end, you should construct an evaluation form that you fully understand and that you are comfortable with. The form should incorporate the essential elements of the position as stated in the job description and it should also be customized to incorporate any particular goals and priorities that have been established by the Council for which the City Attorney is to be held accountable. Evaluation forms vary widely. Some are narratives where general comments and statements are entered without a rating. In this process, the individual comments are compiled and provided to the City Attorney, or the Council, by consensus, collectively agrees on the performance comment. Some evaluation forms rely heavily upon a points system (some more rigid than others) that rates the performance (high to low) or provides a more complex methodology for evaluating 15 performance (e.g., quantifying number of resolutions and ordinances drafted, or number of claims processed). The evaluation form and job description should be developed and in place in advance of the recruitment and hiring of the City's next City Attorney. These tools will provide guidance to the Council in its recruitment and selection process and will, as well, provide all candidates for the position with a deeper sense of the Council's needs and expectations for their City Attorney. I have developed for your consideration an evaluation template that incorporates and reflects the regular tasks performed by the City Attorney, the Council priorities, and the level of legal services expected by the City and City management. (See Attachment I.) CONTRACT OR IN-HOUSE CITY ATTORNEY SERVICES? There are several appointment and employment arrangements that cities can use to engage the services of their City Attorney. Some City Attorneys are city employees, while others are contracted through private law firms. Eleven cities in the state have elected City Attorneys and a few, but not many, have City Attorneys who are appointed by the City Manager rather than the City Council. City Councils directly appoint the City Attorney in 464 of California's 478 cities. Of those, approximately two-thirds are contracted through private law firms and are commonly referred to as "Contract City Attorneys."5 "Contract" City Attorneys are retained under a written agreement that sets forth the terms of the retention, the duties and responsibilities and compensation. It is, however, becoming more the norm for appointed "in-house" City Attorneys to have employment contracts, as well. 5 League of California Cities, 2004 City Attorneys Department data 16 The current Cupertino City Attorney arrangement is somewhat of a hybrid in certain respects. The incumbent City Attorney serves at the pleasure of the Council, subject to the terms of an employment contract entered into between the City and attorney Kilian in August 1993, pursuant to Resolution No. 8947. The general terms of the City Attorney's Agreement for Legal Services have been codified in the Cupertino Municipal Code Chapter 2.18 pursuant to Ordinance 1673 adopted in 1994. (Attachment II.) The Legal Services Agreement provides that the City Attorney shall be available to the City Council or staff up to a maximum of 75% of his normal working time (approximately 130 hours per month). In addition, during the remainder of his time, the City Attorney may continue a "limited private practice" out of the City's office, provided that such practice shall not interfere with his obligations to the City. We understand that this structure was negotiated and agreed to in consideration of City Attorney Kilian's willingness to forgo his non-municipal private legal practice to allow him more time to devote to the representation of the City of Cupertino. Thus, City Attorney Kilian is both an employee of the City and a private practitioner. As a City employee he is compensated in an amount established by the Agreement and Resolution. He is paid on a bi-weekly basis subject to withholding in the same manner as other city employees; and receives fringe benefits similar to those received by the City Manager, including retirement benefits in the state Public Employee Retirement System (PERS) and salary increases tied to increases received by the City Manager. In addition, the City Attorney is provided City office space in the vicinity of City Hall and appropriate support staff (part-time assistant City Attorney and full time legal secretary). The City is now laying the groundwork for the recruitment and hiring of a new City Attorney, upon the retirement of City Attorney Kilian at the end of this year. The retention of 17 the new City Attorney will be under new terms and conditions, as established and approved by the Council. As stated earlier in this report, it is becoming more the norm for City Attorney candidates to negotiate employment contracts as a condition of their acceptance of the position. It is not unreasonable to expect that prospective candidates will demand to have the added security of an employment contract before accepting the position. The terms of the agreement, however, are subject to negotiation and within the discretion of the City Council as the appointing authority. The City Council now has the opportunity to assess whether its legal services should be provided by an in-house City Attorney or by contract with an outside legal firm or practitioner. I have been asked to review Cupertino's current operations to provide some guidance to the Council in its analysis of the merits of each option from both a fiscal and administrative perspective. From a fiscal standpoint, whether an in-house office is the most prudent alternative depends on a number of factors. These include the volume of work to be performed and whether one designated person can efficiently do the job, whether support staff will be necessary or if the office will require assistance from outside counsel, and whether it is more cost effective to simply retain afull-service outside law firm. In evaluating the fiscal impact, I obtained information from the City Manager's office and from the 2007-08 budget document to ascertain the current cost for City Attorney legal services. In addition, Iconducted amini-survey often (10) bay area cities' City Attorney's offices-both in-house and contract-to obtain comparison cost data. 18 The current City Attorney's office consists of 2.40 FTE's: 1.0 City Attorney, .40 Assistant City Attorneys and 1.0 Legal Secretary. The 2007-08 adopted budget for the Office of the City Attorney for employee compensation, materials, contract services and cost allocation totals: $550,351. (Attachment III.) The five-year budget forecast for 2011-12 is an anticipated total budget of $635,000. The City Attorney currently receives a salary in the amount of $192,060 plus benefits that equal approximately 44% of salary, for a total salary cost of approximately $275,566.6 In FY 2006-07 contract services were budgeted at $82,000. Expenditures from that budget line item consisted o£ Training and instruction ($5,000), Professional and Contract ($3,500), Malpractice Insurance Premium ($20,000), Rent /Office Space ($54,000) and Outside Legal Costs for City Attorney general back-up ($4,000). Additional outside counsel costs for specialized services and litigation totaled $84,550 in FY 2005-06 and $39,282 for FY 2006-07. For the first nine (9) months of this FY only $14,853 in outside counsel costs has been incurred. How do these expenditures measure up against comparable jurisdictions? As you will note from the attached Salary Survey data, it appears that Cupertino's legal expenses are one of the lowest in comparison. (Attachment IV.) So, Cupertino matches up very well. I believe this to be the case because of several factors: 1) the contracting out of police and fire services; 2) quality service, effective management and cost control by the City Attorney; 3) an experienced and highly qualified City management staff; and 4) participation in ABAG's risk management pool. ° Benefits include: 2.7% @ 55 Ca1PERS retirement. City pays 6% of the employee contribution and the employee pays 2%. 10-22 days of vacation annually based on years of service with credit given for previous employment in the public sector. A housing assistance program that includes low interest loans and may include equity sharing if necessary and approved. Choice of health insurance with the employee's premium paid by the City (for most plans) in addition to a portion of the family premium (depending on the plan). Dental, vision, life and long-term disability life insurance. 12 holidays plus 20 hours of floating holiday annually. 8 hours of sick leave per month. 9/80 work schedule available. Sports Center fitness membership. 19 Salary survey and cost data is usually not exactly precise, and this data is no exception. However, it does provide a good guidepost in comparing those cities with in-house City Attorneys and those with contract City Attorneys. Of the ten (10) cities surveyed, the average cost per capita for City Attorney services is $19.84. Cupertino's cost per capita is approximately $10.22. Cupertino's costs are comparable to the in-house City Attorney cities of Milpitas, Redwood City and Sunnyvale; and the contract City Attorney cities of Union City and San Leandro. Administrative considerations are also very important in the assessment of whether to have an in-house City Attorney or contract. An administrative analysis should include whether city staff and council members need a large amount of daily, informal legal advice. If not, perhaps more limited coverage is desirable and necessary. If however, the Council wants the City Attorney to be a fully integrated member of the City's management team, this objective may be best achieved by having the attorney be a city employee rather than retained on a contract basis. Based on my discussions with Council members and the City Manager and City Attorney, it appears that the latter City Attorney working relationship is more conducive to Cupertino's team approach to City management. The City Attorney participates in City Manager department head meetings, agenda setting meetings, executive management retreats and other management meetings and City events, as appropriate. This collaborative and positive relationship has, I believe, proven to be an asset to the effective operation of the City and the proactive identification of legal issues at an early stage. Based on the fiscal analysis and the administrative impact, it is my opinion that the City should consider the recruitment and appointment of afull-time-100% in-house (employee) City Attorney. There does not seem be a need to have a "fix it" restructuring of City Attorney 20 services, except for a negotiation of acceptable contract terms (assuming a contract is desirable) that are in accord with the Council's policies. I believe that with afull-time position, the addition of a part-time (.40 FTE) Assistant or Deputy City Attorney would be appropriate to provide back-up for the City Attorney and to staff the Planning Commission, handle code compliance matters and other general government assignments. The Office would continue to be supported by a full time legal secretary. It must be recognized that a new City Attorney (presumably without Mr. Kilian's 37 years of municipal law experience) will require "ramp up" time to become familiar with Cupertino's issues, and he/she may also have a different approach to handling matters than has been the case over the past three decades. In that regard, the Council may need to consider an increase in the City Attorney's consultant /outside counsel budget, at least for the short term, to supplement services in areas that require specialized and technical legal expertise. CONCLUSION The information that has been provided to the City Council in this report will hopefully provide you with the tools, guidance and recommendations necessary to assist you in the recruitment, selection, and evaluation of the next City Attorney. As you proceed with this process, we recommend that you consider the following: • Has the City Council, as a body, reached consensus as to what attributes and traits it would like to see in its City Attorney? • Has the City Council, as a body, reached consensus as to the standards and criteria upon which to evaluate the performance of the City Attorney? 21 • Has the City Council, as a body, reached consensus as to whether or not the City Attorney should be retained by contract or be an in-house City employee? When you reach a consensus on these questions, you will be in a much better position to move towards the implementation phase for the recruitment and appointment of your next City Attorney in a manner that will be credible, well reasoned and respected. 1089184_1.DOC (900-018) 22 DRAFT Policy for Evaluating City Attorney Purpose The purpose of this policy is to provide a framework for annually evaluating the City Attorney. Policy Guidelines 1. Background: Giving and receiving feedback on performance is crucial to both the City Council and its appointed employees. While this feedback needs to occur throughout the year, at least once annually the City Council needs to provide this feedback with all members present. Communication is the key to any effective organization. 2. Timing: The annual evaluation of the City Attorney will occur each fall with any additional evaluation sessions as the City Council may deem appropriate. 3. Process At least one week in advance of the evaluation date the City Attorney will submit an annual report of activities and a copy of the evaluation instrument to each council member. Council members will review the report and complete the evaluation instrument. The City Council will then convene in closed session and evaluate the City Attorney. At the conclusion of the evaluation, the Mayor will consolidate the evaluation ratings and comments of Council Members and sign the consolidated evaluation instrument. Attachment A -DRAFT : FOR DISCUSSION - CITY OF CUPER'f1N0 ANNUAL PERFORMANCE EVALUATION CITY ATTORNEY Council Member: Page 1 of 3 Evaluation Period: Signature of Council Member: PARTI CHECK the box that most closely describes how you rate the City Attorney for each Performance Expectation question below. The point value of each rating is in brackets ranging from 7 to 1. Met Ex ectations Mar inall Met Ex ectations [7] [5] [3] [1] Did Not Meet Expectations ** Explanation Required Under Comments A. Does the City Attorney work with the Council to assist in accomplishing their goals in a way that protects the City from liability and does not merely say what cannot be done, but also describes legal alternatives? B. Does the City Attorney provide proper legal advice to ensure le ali of the Council's actions? C. Does the City Attorney make him/herself available to answer questions, hear concerns and receive - feedback? D. Does the City Attorney inform the Council of relevant legal trends, precedents and opportunities occurring in the state or other municipalities that have im ortant ramifications for the Cit ? E. Does the City Attorney properly defend the City in F. Does the City Attorney make him/herself familiar with pertinent facts about each Council Member so she can and does protect each of them from violating legal (including Brown Act), controversial and ethical issues? A. Does the City Attorney anticipate needs and recognize potential legal problems? B. Does the City Attorney respond to requests and complete these requests in a timely manner? A. Does the City Attorney provide competent legal advice in a usable, understandable manner? B. Does the City Attorney prepare ordinances, resolutions, agreements, contracts, and other legal documents in a competent manner? C. Does the City Attorney perform preventative as well as corrective legal services? D. Does the City Attorney represent the City's interests in litigation, administrative hearings, and other similar proceedings? 1089346_1 CITY ATTORNEY EVALUATION Page2of3 Exceeded Ex ectations Met Ex ectations Mar inall Met Ex ectations [7] [5] [3] [1 ]Did Not Meet Expectations *" Explanation Required Under Comments E. Does the City Attorney participate in all City Council meetings and provide appropriate legal advice? F. Does the City Attorney convey to the City Council and staff, with confidence and respect, the legal risks and consequences that proposed actions might Qenerate? A. Are regular legal activities achieved within bud eta oats and limits? B. Has the City Attorney been effective in minimizing legal costs by limiting tasks to those regarding legal issues arad utilizing City in-house staff when possible to perform administrative and other functions? C. Are standard forms developed and used where possible to minimize preparation of legal documentation? D. Are legal tasks performed with appropriate authorization accordin to established rocedures? E. Does the City Attorney display the ability and knowledge to research issues in a minimum amount of time? A. Is the City Attorney energetic, enthusiastic, and cooperative regarding actions before the City? B. Is there a sense of loyalty and dedication apparent in the City Attorney's actions on behalf of the City? C. Does the City Attorney enjoy the respect of members of the legal community as well as other members of the municipal law profession? PART II 1089346_1 CITY ATTORNEY EVALUATION Page 3 of 3 Exceeded Ex ectations Met Ex ectations Mar inall Met Ex ectations [7] [5] [3] [1 ]Did Not Meet Expectations *" Explanation Required Under Comments PART III List, in order of priority, your top long- or short-range goals for the City Attorney to accomplish during the next evaluation: 1089346_1 Page 1 of 4 Cu ertino, CA Munici al Code TITLE 2: ADMINISTRATION AND PERSONNEL CHAPTER 2.18: CITY ATTORNEY CHAPTER 2.18: CITY ATTORNEY Section 2.18.010 Office of the City Attorney established. 2.18.020 Function and duties. 2.18.030 Council-Attorney relations. 2.18.040 Attorney-staff relations. 2.18.050 Relations between Attorney and individual members of the public. 2.18.060 Bond. 2.18.070 Acting City Attorney. 2.18.080 Agreements on employment. 2.18.090 Assistants and employees. 2.18.100 Eligibility. 2.18.110 Suspension-Removal-Resignation. 2.18.010 Office of the City Attorney Established. A. The office of the City Attorney, as set forth in Government Code Section 36505, is established. The City Attorney shall be appointed by the City Council wholly on the basis of his or her qualifications. The City Attorney shall hold office for and during the pleasure of the City Council. B. The office of the City Attorney shall consist of the City Attorney and such assistants as may be authorized by the Council. C. The City Attorney shall administer the office, be responsible for the successful performance of its functions, and shall serve under the direct supervision and control of the Council as its legal advisor. D. The Council may retain or employ other attorneys, assistants, or special counsel as maybe needed to take charge of any litigation or legal matters or to assist the City Attorney therein. (Ord. 1673, § 1 (part), 1994) 2.18.020 Function and Duties. http://www.amlegal.com/nxt/gateway.dll/California/Cupertino/title2administrationandperso... 4/28/2008 Page 2 of 4 The functions of the office of the City Attorney shall be to: A. Advise the Council and all City officers in all matters pertaining to their offices; B. Furnish legal services at all meetings of the Council, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the Council or by any of the boards, commissions, committees or officers; C. Prepare and/or approve all ordinances, resolutions, agreements, contracts, and other legal instruments as shall be required for the proper conduct of the business of the City and approve the form of all contracts, agreements, and bonds given to the City; D. Provide the necessary legal services required in connection with the acquisition of land or easements on behalf of the City; E. Subject to the general direction of the Council, prosecute and defend the City, and all boards, officers and employees in their official capacities, all civil proceedings before judicial and quasi judicial tribunals. The City Attorney shall not compromise, settle or dismiss any action for or against the City without permission of the City Council. Nor shall the City Attorney commence any civil action without the permission of the Council. F. Prosecute all violations of City ordinance; provided, however, that the City Attorney is not required to prosecute any misdemeanor or infraction within the City arising out of a violation of State law. (Ord. 1673, § 1 (part), 1994) 2.18.030 Council-Attorney Relations. Individual Councilmembers may seek and obtain legal advice from the City Attorney on any matter or matters pertaining to the legal position of the City. Any such advice given to individual Councilmembers, however, may be repeated to the entire Council at any regular or special Council meeting. With respect to advice to individual Councilmembers regarding potential conflicts of interest, the City Attorney may render informal advice; provided, however, that it is understood that a Councilmember is automatically protected from potential liability for conflict of interest only upon taking action which conforms to a written opinion issued by the California Fair Political Practices Commission. (Ord. 1673, § 1 (part), 1994) 2.18.040 Attorney-Staff Relations. At the beginning of each fiscal year, the City Attorney and City Manager shall meet and confer in good faith regarding the allocation of the City Attorney's time among City departments. Any department exceeding its allocated time during the fiscal year must obtain the City Manager's written approval for additional time. The City Attorney and City Manager shall meet and confer on a regular basis for the purpose of adjusting time allocations among departments. (Ord. 1673, § 1 (part), 1994) 2.18.050 Relations Between Attorney and Individual Members of the Public. Consistent with the functions and duties of the City Attorney's office described in Section 2.18.020 of this chapter, the City Attorney or the Assistant City Attorney may, but is not required, to meet or discuss any matter with individual members of the public, legal counsel, or the media. (Ord. 1673, § 1 (part), 1994) http://www. amlegal.com/nxt/gateway.dll/California/Cupertino/title2administrationandperso... 4/28/2008 Page 3 of 4 2.18.060 Bond. The City Attorney shall furnish a corporate surety bond to be determined and approved by the City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Attorney as prescribed in this chapter. Any premium for such bond shall be a proper charge against the City. (Ord. 1673, § 1 (part), 1994) 2.18.070 Acting City Attorney. A. The Assistant City Attorney shall serve as City Attorney pro tempore during any temporary absence or disability of the City Attorney. B. In the event there is no Assistant City Attorney, the Council shall appoint a qualified attorney to act as City Attorney pro tempore. (Ord. 1673, § 1 (part), 1994) 2.18.080 Agreements on Employment. The terms and conditions of employment of the City Attorney shall be established by ordinance or resolution of the City Council. (Ord. 1673, § 1 (part), 1994) 2.18.090 Assistants and Employees. Notwithstanding the provision of Section 2.52.100 of the Municipal Code, but subject to the other applicable provisions of Chapter 2.52, the City Attorney shall appoint, discipline and remove all assistants, deputies, and employees under his or her authority. (Ord. 1673, § 1 (part), 1994) 2.18.100 Eligibility. No person elected or appointed as aCouncil-person of the City shall, subsequent to taking office as Councilperson, be eligible for appointment as City Attorney until one year has elapsed after the Councilmember has ceased to be a member of the City Council. (Ord. 1673, § 1 (part), 1994) 2.18.110 Suspension-Removal-Resignation. A. The removal of the City Attorney shall be only on a majority vote of the entire City Council. A resolution of intention to remove the City Attorney shall first be passed at any regular or special meeting of the Council. The resolution shall specify the reason or reasons for the removal and state whether the City Attorney is to be suspended from his duties upon passage of the resolution. It shall also state a date and time for a hearing at a regular or special meeting of the Council to be held at the usual meeting place of the Council. The hearing date shall be no less than two weeks nor more than four weeks from the date of passage of the resolution. Within one week after passage of the resolution, a copy thereof shall either be served personally upon the City Attorney or sent to him or her by registered mail, receipt requested, at his last known address. The hearing shall be open to the public if the City Attorney so requests in writing by notifying the City Clerk at least five days prior to the date set for the hearing. B. At the time set for the hearing, the City Attorney shall have an opportunity to answer the reason or reasons given for his or her removal. Nothing herein contained, however, shall be construed to http://www.amlegal. com/nxt/gateway.dll/California/Cupertino/title2administrationandperso... 4/28/2008 Page 4 of 4 require the Council or any of its members to substantiate or prove the reason or reasons for the removal as a condition of the removal, it being the intention of the Council that the City Attorney shall hold office only at the discretion of the Council and maybe removed at any time by following its procedure set forth in this section. At the hearing, the Council shall take final action on the resolution, either to carry out his or her removal or to retain him or her. If the action is to remove the City Attorney, his or her removal shall be effective until at least two weeks have expired from the date of the hearing. Failure of the City Council to adopt a motion or resolution for removal shall be deemed a rescission of the resolution of intention. C. The City Attorney shall be entitled to receive his or her regular compensation during the period between the passage of the resolution and the effective date of his or her removal. D. The City Attorney may resign from his or her position upon at least four weeks written notice given to the City Council. (Ord. 1673, § 1 (part), 1994) Q.is~l~. imQ~;. This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. © 2008 American Legal Publishing Corporation techsupportCa.amlegal.com 1.800.445.5588. http://www.amlegal. com/nxt/gateway.dlUCalifornia/Cupertino/title2administrationandperso... 4/28/2008 EXPENDITURE ESTIMATES GENERAL COUNCIL AND CgM110SSIONS: 1000 City Council 1031 Telecommunications Commission 1040 Library Commission 1042 Fine Arts Commission 1050 Public Satiety Commission 1055 Bicycle/Pedestriaa Safety Commission 1060 Recreation Commission 1065 Teen Commission 1067 Senior Comm;caipn 1070 Planning Connnission 075 Housing Commission ADIVIINISTRATION: 1200 City Manager 1201 Community Outreach 1300 City Manager Discretionary Fund Adopted Revised Actual 13ndgot Budget FIVE YEAR FORECAST (in ihonsands) 2005-06 2006-07 2006-07 2047-08 2008-09 2009-10 2010.11 2011-12 184 220 220 22? 236 245 253 262 61 I3 13 18 19 19 20 21 0 5 5 5 5 5 5 5 12 17 i7 15 15 ib 16 17 0 4 4 5 5 5 5 5 0 5 5 5 5 5 5 5 9 l0 10 10 IO 10 11 11 13 15 15 17 17 18 19 19 0 3 3 3 3 3 3 3 25 96 97 96 100 104 108 111 0 7 7 6 7 7 7 7 304 395 396 405 422 437 452 468 334 350 350 410 384 397 411 425 46 57 57 73 76. 79 81 84 23 20 20 50 50 50 SO 50 403 427 427 533' 510 526 542 560 1500 CITY ATTORNEY 529 524 524 550 573 S93 614 635 2100 LAW ENFORCEMENT PUBLIC INFOR1UlATION: 3300 Community Relation & Information 3350 City 50th Adversary 3400 Cupertino Scene 3500 Government Chamrel 3501 Oov't Channel-Special Project 3502 Public Access Support 3600 City Web Site ' ADMWIbTRATIVE SERVICES: 4000 Administration 4010 Leadership Cupertino 4040 Iabrary Extra Hours 4050 Neighborhood Watch 4100 Accounting 4lIO Business Licenses 4300 City Clerk 4310 Duplicating and Postage 4330 fikctioas 4400 Disaster Preparedness 4510 Human Resoruces 45l 1 Human Resources Litigation 4540 Insurance Administration 4700 Code Enforcement 6,500 7,269 7,466 7,865 8,259 8,672 9,105 9,561 162 161 211 306 319 330 341 353 48 23 23 0 0 0 0 0 I06 105 117 123 I28 132 137 I4l 357 460 547 495 516 534 552 572 S3 49 49 122 127 132 136 14l 0 52 52 54 56 58 60 62 127 137 137 153 160 l65 171 177 853 987 1,136 1,254 1,305 1,351 1,398, 1,447 317 329 342 342 356 368 381 395 0 22 22 13 13 15 16 17 0 i20 0 7A0 125 129 134 139 25 34 34 38 34 41 42 44 648 738 764 677 705 730 755 782 41 42 42 42 44 45 47 49 • 462 509 ~ 509 454 472 ' 489 506 523 I42 2l1 216 208 217 224 232 240 263 215 215 305 0 300 0 300 86 87 87 93 97 100 103 107 471 524 ~ 545 575 598 619 641 663 12 25 76 SS 57 59 61 63 526 576 626 583 607 629 651 673 572 643 643 760 791 819 848 877 3,565 4,074 4,121 4,384 4,121 4,567 .4,417 4,872 LEGAL SERVICES 1500 ADMINISTRATION Employee Compensation Materials Contract Services Cost Allocation Expenditures by Category 2004-OS 2005-06 2006-07 2007-08 Actual Actual. Adopted Adopted 411,947 426,593 394,899 412,711 38,401 33,407 ~ 40,600 42,800 60,820 57,660 82,000 92,540 12,350 11,380 6,810 2,340 Total 523,518 529,044 524,309 550,351 Expenditures by Fund 2004-OS 2005-06 2006-07 2007-08 Actual Actual Adopted Adopted General 523,518 529,040 524,309 550,351 Total 523,518 529,040 524,309 550,351 Personnel Summary 2005-06 ~ 2006-07 2007-08 Actual Adopted Adopted FuII-time ~ 2.70 2.40 ~ 2.40 Total 2.70 2.40 2.40 In-House and Contract City Attorney Survey Salary City Personnel Salary Overhead Benefits 2007-2008 City Cost Per Costs Total Cost PopulationZ Capita PERS: 2.7%@55 City pays 6% of the employee contribution and the employee pays 2%. 10-22 days of vacation annually based on years of service with credit given City Attorney $192,060 Aprox. 44% for previous employment in the $550,351 53,840 $10.22 public section. A housing , Cupertino assistance program that includes (In-hOUSe) low interest loans and may include equity sharing if necessary and approved. Medical: Choice of health insurance with the employee's Asst. City Attorney $86,004 -104,532 premium paid by the City (for most plans) in addition to a portion of the family premium (depending on the ' Ian . Dental, vision, life and long-term disability life insurance. 12 Executive Asst. to holidays plus 20 hours of floating City Atty $61,728 - 75,036 holiday annually. 8 hours of sick leave per month. 9/80 work schedule available. Sports Center fitness membershi Total Costs are taken from 2007-2008 Adopted Budgets. 2Population figures are taken from CA Department of Finance as of January 1, 2007 1085097_1.XLS Page 1 ATTACHMENT IV In-House and Contract City Attorney Survey Salary City Personnel Salary Overhead Benefits 2007-2008 City Cost Per Costs Total Cost' Population2 Capita Palo Alto City Attorney $198,513 Aprox. 64% PERS: 2.7@55 $2,745,805 62,148 $44.18 (In-house) Senior Asst. City $152 201 Medical: City covers 100% of cost Attorney (2 positions) , of 2nd most expensive plan Senior Deputy City Attorney (2 positions) $112,421 Dental: City covers 100% Le al Administrator $91,822 Vision: VSP Legal Secretary (3 $66 677 ositions , Secretary to City 941 $80 Attorne , Claims Investi ator $78,828 Mountain View (In-house) City Attorney $221,052 PERS: 2.7@55 $1,460,105 71,995 $20.28 Approx. 28% Senior Asst. City Attorney (2 positions) $127,847 Dental: Cit y pays $200/max Asst. Cit Attorne $116,819 Medical: Cit a s $1497/max Executive Asst. to $69 552 Cit Attorne , Le al Secreta $63,015 'Total Costs are taken from 2007-2008 Adopted Budgets. ZPopulation figures are taken from CA Department of Finance as of January 1, 2007 1085097_1.XLS Page 2 ATTACHMENT IV In-House and Contract City Attorney Survey City Personnel Salary Salary Overhead Benefits 2007-2008 City Cost Per Costs Total Cost' PopulationZ Capita Milpitas (In-house) City Attorney $159,204-184,209 Aprox. 28% PERS: 2.7@55 $806,080 65,276 $12.35 Asst. City Attorney $145,000 Medical: Kaiser Family. City pays $1223/max Legal Assistant $64,481 - 78377 Dental: Self-Funded through Delta Dental Redwood City (In-house) City Attorney $162,228 Aprox. 35% PERS: 2.7@55 $875,625 76,087 $11.51 $110,412 - Medical: City pays up to Asst. City Attorney 130560 $1126/month for Kaiser Family Plan Administrative $57,756 - 69,348 Dental: 100% Coverage, but Assistant benefits are limited Administrative Clerk III $41,676 - 50,652 Managerial 604 - 72 $41 780 . Professional I , , 'Total Costs are taken from 2007-2008 Adopted Budgets. 2Population figures are taken from CA Department of Finance as of January 1, 2007 ' 1085097_1.XLS Page 3 ATTACHMENT IV In-House and Contract City Attorney Survey Salary City Personnel Salary Overhead Benefits 2007-2008 City Cost Per Costs Total Cost' PopulationZ Capita Sunnyvale (In-hOUSe) City Attorney $201,852 PERS: 2.7 55 $1,535,535 133,544 $11.50 A rox.60% Senior Asst. City $132,495 - Attorne 155,876 Medical: $1386 monthly allowance Asst. City Attorney (2 $115,652 - ositions 136,061 Dental/Vision: Covered by city Parale al $63,974 - 77,765 Secretary to City $57 895 - 70 360 Attorne , , Union CIty3 In-house N/A N/A N/A N/A $783,395 71,152 $11.01 s These figures are from July 1, 2006 to June 30, 2007. 'Total Costs are taken from 2007-2008 Adopted Budgets. ZPopulation figures are taken from CA Department of Finance as of January 1, 2007 1085097_1.XLS Page 4 ATTACHMENT IV In-House and Contract City Attorney Survey City Personnel Salary Salary Overhead Benefits 2007-2008 City Cost Per Costs Total Cost Population2 Capita Dublin4 N/A N/A N/A N/A $1,718,895 41,907 $41.02 Contract a These figures are from July 1, 2006 to June 30, 2007. South San FranCISCO5 N/A N/A N/A N/A $1,330,632 61,824 $21.52 Contract 5 These figures are from July 1, 2006 to June 30, 2007. San L@andrO6 N/A N/A N/A N/A $959,614 81,074 $11.84 Contract s These figures are from July 1, 2006 to June 30, 2007. . Total Costs are taken from 2007-2008 Adopted Budgets. ZPopulation figures are taken from CA Department of Finance as of January 1, 2007 1085097_1.XLS Page 5 ATTACHMENT IV