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Resolution No. 5781 1 RESOLUTION NO. 5781 2 A RESOLUTION OF THE CITY COUNCIL OF THE 3 CITY OF VERNON ESTABLISHING COMPENSATION FOR THE CITY ATTORNEY, DAVID B. BREARLEY, 4 IN ACCORDANCE WITH SECTION 5 OF THE CITY ATTORNEY EMPLOYMENT AGREEMENT APPROVED BY 5 RESOLUTION NO. 5298 6 WHEREAS, DAVID B. BREARLEY, has served as the City 7 Attorney for the City of Vernon since July 1, 1977; and 8 WHEREAS, the City Council of the City of Vernon 9 approved a new City Attorney Employment Agreement for city 10 attorney services pursuant to Resolution No. 5298 on June 26, 1986; and 11 12 WHEREAS, Section 5 of said Agreement provides, in part, 13 as follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 and .. . .City hereby agrees that in the event across the board increases in salary are provided for miscellaneous employees, the percentage rates of said increases granted to said employees shall be applied to the retainer salary. . . .longevity percentage increase shall be applicable to the retainer salary in the same manner as said percentage increases are applicable to base salaries of miscellaneous employees. City and Brearley further agree to negotiate increases in the hourly rates provided for herein from time to time taking into consideration the percentage rate increases provided for miscellaneous employees. . .one-half of said percentage rate without consideration of any longevity increase shall be considered a minimum increase in the hourly rates. . .with merit performance to be considered in said negotiations. . . .City is only required to make minimum adjustments which ~~r to be effective the same date as the across 'c.rt.ne Board increases are effective for said miscellaneous employees~ . ." 27 WHEREAS, the City Council of the City of Vernon adopted 28 Resolution No. 5641 on June 27, 1989, establishing the following ; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 compensation for city attorney services effective July 1, 1989: (a) A retainer salary of $4,957.00 per month; (b) A fee for legal services of $163.00 per hour for every hour of legal services provided in each month in excess of 45 hours up to a maximum of 115 hours; and (c) A fee for legal services of $152.00 per hour for all hours of legal services provided in each month in excess of 115 hours per month. WHEREAS, the City Council of the city of Vernon on June 26, 1990, approved and adopted Resolution No. 5780 providing for increases in salary for a maj ori ty of the miscellaneous employees of seven percent (7%) to be effective on July 1, 1990; and WHEREAS, pursuant to section 5 of the Employment Agreement, the City Council of the City of Vernon, having participated in negotiations with the city Attorney, intends to increase the compensation for the City Attorney effective July 1, 1990 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: That the City Council of the city of Vernon does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: That the City Council of the City of Vernon hereby establishes compensation for David B. Brearley, City Attorney, for city attorney services, effective July 1, 1990, as -2- 1 follows: 2 3 4 5 6 7 8 9 10 11 12 13 J (a) A retainer salary of $5,304.00 per month; (b) A fee for legal services of $174.41 per hour for every hour of legal services provided in each month in excess of 45 hours up to a maximum of 115 hours;, and (c) A fee for legal services of $162.64 per hour for all hours of legal services provided in each month in excess of 115 hours per month. SECTION 3: That in all other respects, except as hereinabove provided, the terms and conditions of the City Attorney Employment Agreement dated July 1, 1986, shall remain in full force and effect. 14 15 16 SECTION 4: The city Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. 17 18 19 20 21 22 23 24 25 26 27 ATT~ ~ BRUCE V. 28 APPROVED AND ADOPTED this 26th day of June, 1990. ~~ Y~~~r Pro Tern &~ MALKENHORST ,- City Clerk -3- j 1 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 5781, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, June 26. 1990. and thereafter duly signed by the Mayor of the City of Vernon. 2 3 4 5 6 7 8 9 10 ~~~ BRUCE V. MALKENHORST, City Clerk 11 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-