Resolution No. 5945
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RESOLUTION NO. 5945
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF AN AMENDMENT TO THE CITY
ATTORNEY EMPLOYMENT AGREEMENT ESTABLISHING
COMPENSATION FOR DAVID B. BREARLEY AS CITY
ATTORNEY
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WHEREAS, DAVID B. BREARLEY, has served as the City
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Attorney for the City of Vernon since July 1, 1977; and
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WHEREAS, the City Council of the city of Vernon
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approved a new City Attorney Employment Agreement for city
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attorney services pursuant to Resolution No. 5298 on June 26,
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1986; and
WHEREAS, Section 5 of said Agreement provides, in part,
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as follows:
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.. . .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
are to be effective the same date as the across
the Board increases are effective for said
miscellaneous employees. . ."
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and
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WHEREAS, the City Council of the City of Vernon adopted
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Resolution No. 5781 on June 26, 1990, establishing the following
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compensation for city attorney services effective July 1, 1990:
(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.
WHEREAS, the City Council of the City of Vernon on June
20, 1991, approved and adopted Resolution No. 5944 providing for
increases in salary for a majority of the miscellaneous
employees of six percent (6%) to be effective on July 1, 1991;
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, 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby approves the Amendment to the city Attorney Employment
Agreement, a copy of which has been presented to the City
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1 Council concurrently with this resolution and the City Council
2 hereby orders said Amendment to be receiyed and filed by the
3 City Clerk.
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SECTION 3: The City Council of the City of Vernon
5 hereby authorizes the Mayor and the City Clerk to execute said
6 Amendment for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
8 certify to the passage of this resolution and thereupon and
9 thereafter the same shall be in full force and effect.
10 APPROVED AND ADOPTED this 20th day of June, 1991.
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BRUCE V. MALK NHORST, City Clerk
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1 STATE OF CALIFORNIA )
) ss
2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, city Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 5945, was duly adopted by the City council of the
6 City of Vernon at an adjourned regular meeting of the City
7 Council duly held on Thursday, June 20. 1991 f and thereafter
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duly signed by the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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( SEAL)
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