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omit <br /> 2. Report of Legal Services Committee <br /> Councilman Bury presented the report and recommendation <br /> of the subject Committee. <br /> Discussion followed concerning the desire of Council to <br /> continue the high quality of legal services to the City, <br /> to reduce the size of government wherever feasible an <br /> to deal with private enterprise: in providing service <br /> when it is most economical to do so. <br /> M/S: Britschgi/ not to consider and vote on <br /> the recommendation of the Legal Service Committee at this <br /> time, but to go into executive session and ask for <br /> comments on the proposed agreement from the City Manager. <br /> It was explained that City Manager Fales has seen the <br /> proposed agreement and offered suggestions concerning it <br /> which were helpful to the Committee. <br /> City Manager Fales stated for the record that it is not <br /> appropriate for him to approve or disapprove, and he has <br /> not been involved in the study. Mr. Fales observed that <br /> the City Attorney is a Council appointee and arrangement <br /> for services of the city attorney should he made between <br /> the Council and their employee. <br /> MOTION DIES: Councilman Britschgi's motion died for lack <br /> of a second. <br /> Committee members reported their recognition of the <br /> separation of Council offices, commented concerning their �1 <br /> desire for reduction of cost and size of government; <br /> reported on advice sought from the League of California <br /> Cities and from certain contract city attorneys, and swami <br /> stated their recognition of the correctness of the City <br /> Manager's position. <br /> In response to questions, City Attorney Schricker advised <br /> that he does not expect his role as an uninvolved <br /> director in labor negotiations to change; that the Horgan <br /> Ranch does not represent an acquisition of property; that <br /> with regard to litigation and/or arbitration pertaining <br /> to the City's insurance programs, general service would <br /> continue to be provided, but additional special services <br /> would be under Council control; and that redevelopment is <br /> included as an integral part of the City. <br /> Councilman Britschgi stated for the record that he will <br /> oppose the proposed agreement because he opposes the <br /> termination arrangements (see Paragraph 16) relating to <br /> payment of three monthly installments of compensation to <br /> the City Attorney in the event the City desires to <br /> terminate the agreement. <br /> Discussion followed concerning financial responsibilities <br /> with regard to rent, salaries, etc. which the City <br /> Attorney will have to undertake in representing the City; <br /> whether it is customary to include such a termination <br /> clause in a contractual agreement such as that proposed; <br /> the common practice in large corporations; recent <br /> publication regarding contracts for city managers; and <br /> the need for a termination clause fair to both parties in <br /> a five-year contract. <br /> froldi <br /> Reg.Mtg. <br /> 4/27/81 <br /> Page 3 <br /> n <br /> { .i <br />