HomeMy WebLinkAboutStaff Report 3.A 12/05/2005CITY OF PETALUMA, CALIFORNIA
December 5, 2005
AGENDA BILL
Agenda Title: Resolution .Approving Fourth Amendment to Meeting. Date: December 5, 2005
;Employment Agreement for Legal Services Designating Eric W.
Danly of Meyers, Nave, Riback, Silver & Wilson as City Attorney
Meeting Time: ®3:00 PM
❑ 7:00 PM
Category (check one): Z Consent. Calendar ❑ Public Hearing ❑ New Business
❑ Unfinished Business ❑ .Presentation
'Department: Director: Contact Person: - Phone Number:
City Manager Mike Bierman' Mike Bierman 778-4345
Cost, of Proposal:
Account Number:
Not applicable
Not applicable
Amount Budeeted:
Name of Fund:
Not applicable
General Fund and Enterprise Funds
-Attachments to Agenda Packet Item:
Attachment 1 — Resolution of the Petaluma City Council Approving Fourth Amendment to Employment
Agreement Designating, Eric W. Dan1y, of Meyers, Nave, Riback, Silver & Wilson as City Attorney
Attachment 2. Fourth Amendment to Employment Agreement for Legal Services
Summary Statement: ° Pursuant to.provisions of the agreement for legal services between the City and
Richard R. Rudnansky of Meyers, Nave, Riback, Silver & Wilson, Richard R. Rudnansky has served as the
City Attorney for the City of Petaluma. Mr. Rudnansky has advised the Council that he wishes to conclude
his tenure as City Attorney. In order to provide continuity:and facilitate transition of legal counsel, the City
Manager' has recommended that the City designate Eric Danly, also of the firm of Meyers, Nave, Riback,
Silver & Wilson, to serve as the City Attorney for the City of,Petaluma.
For"the past several years, Mr. Danlyhas .served as an assistant to.the City Attorney and he has worked with
staff on a wide variety of legal issues and, in the absence of -the City Attorney, has attended Council
meetings and, therefore, is familiar with the issues facing the City.
The Council is asked to approve the Resolution attached and ,authorize the Mayor to sign the Fourth
Amendment to the Employment Agreement for City Attorney Services, also attached. The Fourth
Amendment designates Eric Danly as Petaluma City Attorney and includes anassignment provision under
which Eric Danly and the firm of M- eyers, Nave, Riback; Silver & Wilson replace Richard Rudnansky of
Meyers, Nave, Riback, Silver & Wilson as parties to the C.ity',s legal services contract.
Recommended City Council' ActioW8ug2ested' Mot oo' Council approve the Resolution Approving
Fourth Amendment to, the Employment- Agreement designating'Eric W. Danly of the law firm of Meyers,
Nave, Riback, Silver & Wilson as City Attorne .
eviewed by Finance Dire tor: Reviewed torney: ADp o� by City Manager:
ate:�i-L�� �� Date:
• Todav's Date: Revision # and Date Revised: File ode:
. RESOLUTION APPROVING FOURTH
AMENDMENT TO EMPLOYMENT AGREEMENT DESIGNATING
ERIC DANLY OF MEYERS, NAVE, RIB'ACK, SILVER & WILSON AS CITY
ATTORNEY AND AUTHORIZING THE MAYOR TO SIGN SAID AMENDMENT
WHEREAS, Richard R. Rudnansky was appointed City Attorney on July 1, 1989;
WHEREAS, the current agreement for legal services was executed August 29,
1994;
WHEREAS, an amendment to the agreement was executed on May 6, 1996, a
second amendment to the Agreement was executed Apri12, 2001 and a third amendment to
the Agreement was executed July 19, 2004;
WHEREAS, said agreement designates for Richard.R. Rud'nansky of Meyers,
Nave, Riback, Silver & Wilson. to serve as the City Attorney for the City of Petaluma;
WHEREAS, the City Attorney has advised the City of Petaluma that after more .
than 16 years'of service as City Attorney, he wishes to' conclude his tenure as City
Attorney;
WHEREAS, the City Manager has recommended that in preparation for the
conclusion of Mr. Rudnansky's tenure as City Attorney, the City amend said agreement for
legal services to assign the rights, and obligations under the contract for legal services to
Eric Danly and the law firm of Meyers, Nave, Riback, Silver & Wilson and to appoint Eric
Danly to serve as the designated City Attorney for the City of Petaluma; and
WHEREAS, Eric Danly wishes to serve in the capacity of City Attorney for the
City of Petaluma.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Petaluma as follows:
Section 1. The Fourth Amendment,, attached hereto as Exhibit "A", to the
agreement for legal services, fore the City of Petaluma originally executed August 29, 1994
is hereby approved.,
Section 2. The Mayor is hereby authorized and directed to sign said Amendment
on behalf of the City.
M
FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT
This -amendment is to the EMPLOYMENT AGREEMENT between the City of Petaluma
("CITY") and Richard R. Rudnansky ("ATTORNEY"), a principal of Meyers, Nave, Riback,
Silver & Wilson and is made and entered into this day of 2005.
RECITALS
WHEREAS, CITY and ATTORNEY are parties to an Employment Agreement
("AGREEMENT");
WHEREAS, the current agreement for legal services was executed August 29, 1994;
WHEREAS, an amendmentto the agreement was executed on May 6, 1996, a second
amendment to the Agreement°was .executed April .2, 2001 and a third amendment to the
Agreement was executed Julys 19, 2004;
WHEREAS, the designated City Attorney under the AGREEMENT is Richard R.
Rudnansky of Meyers, Nave, Riback, Silver & Wilson; and
WHEREAS, CITY wishes to change .such City Attorney designation to Eric W. Danly.
NOW, THEREFORE,, CITY and ATTORNEY hereby agree as follows: (1) to amend the
AGREEMENT to name Eric W. Danly of the Jaw firm of Meyers, Nave, Riback, Silver &
•Wilson as designated City Attorney for the City of Petaluma and to assign and delegate all of the
rights and obligations of Richard R., Rudnansky under the AGREEMENT to Eric Danly and the
law firm of Meyers, Nave, Riback, Silver & Wilson; (2) That except as detailed in (1) above, all
terms and conditions of the AGREEMENT remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the CITY has caused this Fourth Amendment to be signed
and duly executed on behalf of the Mayor and duly attested to by the City Clerk, and Richard R.
Rudnansky has duly signed and executed this Amendment` on behalf of himself and the law firm
of Meyers, Nave, Riback, Silver. & Wilson, and Eric W. Danly, .has duly signed and executed this
Amendment and in so signing and'executing, accepts the designation of City Attorney.
CITY OFTETALLMA
Mayor
ATTEST:
• City Clerk
#791753
MEYERS, NAVE, RIBACK,
SILVER & WILSON
Richard R. Rudnansky
Eric W. Danly