Resolution No. 6217
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RESOLUTION NO. 6217
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
WHEREAS, DAVID B. BREARLEY, has served as the City
Attorney for the City of Vernon since July 1, 1977; and
WHEREAS, the City Council of the City of Vernon approved
a new City Attorney Employment Agreement for city attorney
services pursuant to Resolution No. 5298 on June 26, 1986, and
WHEREAS, the City Council of the City of Vernon approved
an amendment to the City Attorney Employment Agreement pursuant to
Resolution No. 6125 on June 30, 1992; and
WHEREAS, Section 5 of said Agreement provides, in part,
as follows:
II . .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. . . .1ongevity 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. . ."
and
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WHEREAS, the City Council of the city of Vernon adopted
Resolution No. 6125 on June 30, 1992, establishing the following
compensation for city attorney services effective July I, 1992:
(a) A retainer salary of $7,769.00 per month;
(b) A fee for legal services of $192.26 per hour for
every hour of legal services provided in each month
in excess of 55 hours up to a maximum of 115 hours;
and
(c) A fee for legal services of $179.29 per hour for
all hours of legal services provided in each month
in excess of 115 hours per month; 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
adjust the compensation for the City Attorney effective July 1,
1993 at no additional cost to the city.
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 Council
concurrently with this resolution and the City Council hereby
orders said Amendment be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon hereby
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1 authorizes the Mayor and the City Clerk to execute said Amendment
2 for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
4 certify to the passage of this resolution and thereupon and
5 thereafter the same shall be in full force and effect.
6 APPROVED AND ADOPTED this 9th day of March, 1993.
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10 ATTE?~ /~
II BRUCE V. MALKENHORST, City
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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. 6217, 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, March 9. 1993. and thereafter duly signed by
the Mayor of the City of Vernon.
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BRUCE V.
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MALKENHORST, City Clerk