HomeMy WebLinkAboutAgenda Bill 3.K 07/19/2004CITY OF'PETALUMAi,CALIFORNIjk.
GEI�A ILL
:
. Agenda Title R'eso'lution Approving. Amendment, to Employment '
, Meeting Date July 19, 2004
with Richard,
-Agreement rd R. , Rudnansky :(City ,Attorney) of Meyers;
Nave, Riback, Silver,& Wilson
Meeting- Time ® 3 :00 PM
❑ 7:00 PM
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Category (check'one) E],ConsentC'alendar 0 Publia'Hear ng ❑ New Business
❑ Unfinished Business ❑ Presentation
Department
IN
Con tact .Perso
' Ph'one Number
Ct Mana
Cit g
__
1Vhke °B'ierma; �
Mike Bierman. ,
., n
7.78 -4345
Cost of Proposal
Account Number
Not applicable
Not applicable
Amount Budgeted
Name of Fund
Not applicable
General Fund and Enterprise Funds
Attachments to Agenda Packet Item
Resolution Attachment 1 of the
— Petaluma City Council, Approving Amendment to Employment
Agreement with Richard R. Rudnansky, City Attorney, of Meyers, Nave; Riback, Silver & Wilson
Attachment 2. Employment Agreement and .First and Second Amendments to Employment Agreement
Summary Statement
Richard R. Rudnansky has been -City Attorney since July 1, 1989. Since there has'been no adjustment to
compensation for the City Attorney and the members of his law firm since April of 2001, the City Attorney,
and his; law firm, .Meyers, 'Nave, R back , Silver &Wilson and `the City. Council desire to amend the
, � ._ ,
Employment Agreement outlining, the terms of employment compensation {related. to the position of City
Attorney aind for all legal services rendered by the City Attorney and the law firm of Meyers, Nave, Riback,
Silver & Wilson, of which Richard R. ,Rudnansky is a principal'.
The Council is asked'. to approve the Resolution attached and authorizing the Mayor • to sign the Third
Amendment to the Employment Agreement.
4
RecorytiWended City Council, Action/Suggested Motion-
'Datei,
Date:
TodayN Date:
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SOLUTION APPROVING AME I NDMEN T TO EMPLOYMENT
AGREEMENT WITH CITY ATTORNEY
l e
ATTACHMENT 1
#674364
PROPOSED
RE
NC.S.,
OF THE CITY, OF PETALUMA, CALIFORNIA
RESOLUTION OF THE PETALUMA CITY . - COUNCOLAPPROVING AMENDMENT TO EMPLOYMENT
AGREEMENT WITH RICHARD R. RUDNANS CITY ATTORNEY
WHEREAS,, Richard. R. Rudniarisky, Was retained as special li tigation counsel in 1983 and
WHEREAS, Richard R. Rudnansky was appointed City Attorneyori or about July 1,1989; and
WHEREAS,, the City�Council arid. Richard R. Rudnansky of Meyers,,Nave�, Riback, Silver & Wilson desire to
amen d the EMPLOYMENT AGREEME - NT outlining the terms of employment compensation relating to the
position of City Attorney and for legal services rendered by City Attorney and thejaw firim. of Meyers, Nave,
Riback,'Silver & Wilson. of which, City Attorney is a principal;.:and
WHEREAS, there has been no increase in compensation April, 2004.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City; Petaluma hereby approves said
Third to Employment'
mployment Agr a copy of which is'attached •-as; Exhibit A.
BE IT FURTHER RESOLVED, , that the Mayor is hereby authorized:to;execute said Amendment on the City's
half
PASSED andADOPTED this day of 2003 by following vote:
AYES:
NOES:
ABSTAIN:
ATTEST'.
City Clerk
1 .
CITY OF PETALUM A,,
Mayor"
#674329
THIRD AM'ENDMENT'T.O EMPLOYMENIT AGREEMENT
This "amendment'is to the EMPLOYMENT_ AGREEME
ATTORNEY and the Cif' '.of Petaluma Richard R. Rudnansky of Meyers, Nave,
Riback, Silver &Wilson,
("ATTORNEY") y ( "CITY ") and is made and entered into this
day of , 2004. .
RECITALS
I
WHEREAS, CITY and ATTORNEY currently have in place an "EMPLOYMENT AGREEMENT," and
WHEREAS, ATTORNEY is a principal ;'�a� d ; member of the: law firm of Meyers, Nave, Riback, 'Silver &
Wilson; and
WHEREAS, it is the desire of to adjust the compensation of ATTORNEY`and other members of Meyers,
Nave, Riback, Silver & Wilson;.
and, art THEREFORE, ulrly, p graph Two (2) of said ATTORNEY
as fo mend the EMPLOYMENT AGREEMENT
hereby, agree, :to amend
2. COMPENSATION
(a) For municipal law.rriatters, the CITY agrees,that time of ATTORNEY and all, other
attorneys in.;Meyers, Nave; Riback, Silver. &, Wilson, effective July 1, 2004 shall be
compensated ; at an hourly-rate of $160:00 per hour plus 'costs.
(b) For specialty Specaal Revenu eFund Issues Internal Mobile Home Rent
Control Redevelopment Eminent Do a WLabor,
Environmental, Telecommunications; and Litigation) ATTORNEY, other principals, and
senior associates, effective; July ,1, 20.04, shall be ,compensated at a rate' of $195.00 per
hour plus costs Iandassotiatds shall be; compensated` at hourly rate $175.00 per hour
plus costs.
(c) For Cost Recovery matters charged to third parties (i:e.; development applications, .
assessment districts, and other similar cost recovery matters), CITY agrees that
ATTORNEY and all other"attorneys in Meyers; Nave; Riback, Silver & Wilson, effective
January 1, 2'004;.shall be compensated at the hourly:rate of $223.00 _an hour plus costs.
(d) CITY agrees that paralegal and la_wclerk time effective July 1, 2004, shall be
compensated at $95.00 per hour
(e) The -above hourly rates maybe subject.,to annual reasonabl' increases with said increases
being subject,to,approval by CITY.
WITNESS WHEREOF, the, CITY -has caused this Third Amendment be signed and duly executed on '
ehalf of the Mayor and duly , attested to by the City Clerk and ATTORNEY has duly- signed and executed this
AGREEMENT.
I
CITY ,OF PETALUMA MEYERS, "`NAVE, RIBACK, SILVER & WILSON
Mayor Richard R. Rudnansky w
•
•
EMPLOYMENT AGREEMENT
AND
lo NDE
® Em'ploy'ent Agreement
to lJm `lo rnent Agreement dated 6 t 1996
® Amendment P y ,
® Amendment to Emnpioy" meat Agreement dated' AprH 2, 200`1
r
•, 1 '-A
1 'R
,.. 1V�' � � ® �IGOY1�1��
This amendment � the F_MPLOYMENT AGREEMENT' between Richard R. Rudnansky
and
C - ATTORNE)('') e City ( "CITY") and is made -asad'.emered onto this 2_' day
of APrI L. _ _,2001.
SAS, CITY and' AT TORNEY: currently nave °ir p acx an " LO�'i�iidT
AGREEMENT;" and
WHM A$, ATTORNEY is �a shareholder 'and, member of the, law firm of Meyers, Nave,
R:bac&, Silver & Wilson; ` arrid
WHEREAS, it is the desire, of CITY to adjust certain , portions .of the compensation -of
ATTORNEY and other membervof Meyers, Nave, Riback, Silve & Wilson;
AG1�E.EA�E1`Ia - and, aa��lar a TTO eo amend the' EA�FLOYAdE'NT
N6W, THEREFORE. CITY and A
P ' y, p � � two (,nRNEY hereby., RFE 1�NT as follows:
era a +s,nh®r 2) gTsaid AG
2. C SATION
( a The he MY agrees that tine ofATTOR?4E`' anal ell shareholilc*s In
Meyer _.Nave.,;Riback, Silver Wilson,, e$redive'A 61.1, r001.
shall Ue . .compensated at an hourly rate of ° $150:00, per`hour plus
costs for nunscipal last/ matters $160-00''per h01jr plus 5osts for
litigation "' , matters, 'I and $175 pe ''. hour- 1 plus costs for
redevelopmeitt,' Ersinent' Domain. Labor 'Law, 'CEQA and Land
Use 1+ti g84,6n jbatters' and cost recovery °matter P charged to .third
pantos (i'.e. developip ent.applicatioM 'assesu t; districts, similar
costs; re, covery inAmers). With respect to'liti ation:,natters, CITY
:
agrees to MIrJ ou"se. , ATTORNEY, and, Mayors, Nave, Rrback,
$itve�t Wilson for;easts edvncd ar,dfor° ncu,7ed.' These hourly
:rates shall 'be subj.e4 to. reasonsbl& increases with said'.increases
being subject to approval by CITY.
(b „)'
The, CITY agrees, that Senior. Associate, attorneys. shell, be
co
mpen ated s't the,hourly rate of $]! 00,,plus costs for munic@pal
law matters and 5150.00 per hour , plus costs .for litigo on, for
redeveJo merit, Eminent Doman, Labor Law matters and for cost
P
recovery matters charged to. third `parties (r,e, development
applications, assessment' dstricts .:5im,ler costs recovery matters).. It Said rate.': shall be sublPct. to Feason - , y cieases with said
,ncrea :es lrPr�g sbjee! o apr *. CiiT
(c) .The, CITY, Wets that Associate :attorneys' time,, ef>r'echve 1,,
2001 shall 'be compensated at the hourly rate of S115 00'plus
costs for municipal law tinatters, and 5USM per hour plus, costs
for litigation, redevelopment Eminent DoMain, Labor Law matters
'and - for cost-. recovery .matters clitged to tAird parties (.e;,
developinent applications, assessrfitnt districts, similar co
cis
recovery matters). Said rates shall' be subject to reasonable ;
increases with $46- increases 'being subject to approval by CITY.-
(d) The,CITY Agrees ahat.paralegal,,8nd ]aw clerk.ume, e6ctive:Apri'l,
1, 2001 shalt be coatgensated at 585_ :00 per hobs; subject 'to
reasonable increases which wil be subject to approval by CITY:
(e) The above !hourly rates may 'be subject, to annual ,reasonable
incieasty with said, increms °.being subject to approval CITI
AND
F�TTiE CITY sand '�ATTOANEY Hereby agree to amend the E V.OVNEENT'
AGREEMENT 4y adding 8 (min, b,°: g) as follows;
S. PECTALL , LEGAL. SERVICES
CITY retains the right to rein ;other specialized legal services shat may
not be�available th rough the contractor.
I1V WI7IVESS QF the CITY haws c$usAd ; flats AGREEMENT to be signed an daily
ccecutcd, 411 bzkalf of ;the Mayor and.. duly attested to by the City Clerk ;and, A 1;TC5 5�'has
duly signed and; executed this AGREEWNT,
CITY OF PETAI UMA
Mayor
A TTEST':
v
M]IDi (rR+k)
El
V
AME-No NT TO' ";qf' IIZ]EPiT AGRE MIENT
� OYNENT AGFIE eer Richard R_ Rudnansky
This ameridmem .is, o the., EMP ' MENT bet w
( "AT'*ORNEY") and he : ;ity of netalu: is ( "CITY" )' and +s;,made end entered nip► as Qf "this Lo
day of 1996;
WEE City of Petaluma And N'Richard R 'Ruda ky.cu y
ans'
rrerni -have in place an EMPLOY-
NEM /C°rREF;lvilN'T; and.
WHE it is the desire of ,the
' „ ' City of Petaluma to adjust certain portions of the
compensation p of Richard, R: ;Rudnanslcy,,
NOS!;E)i21lFOR1, City. of Petaluma and Richard R. Rud
nansky her agree to amend the
T AG .
EMPLOYMEN REF�hF,NT and,particularly paragraph 2 of said
agreement, as foilows:. „
2_ CQUIUN -S `T,� ION1
(a) CITY °agrees'to pay ATTORNEY Richard R. Rudn'ak sky'an hourly
gate . nicipal law'ma tens, 5137 per !tour plus costs for
f SI9 for mu
1
n fters an„ S 14II for cost . e
!.t ga 'en rzi3 +* , �+ covery maters (i.e., develop-
merit applications, assessment districts, recovery of del*tient
assessment paymerits and simiiar cost reco'ver'y matters).
(b) E## ctive imsr ediately, ATTORNEY ,shall be cormpensated, for -the
use,, of a . paralegal - and law clerk time At $45 per' hour, and
A1' QRIVIrY shall h'e :cornpen'sated` .far the use of assistant
S.to.T.e" l
s at an icur
s � l j% a m2 of $85 fiiT �ZltlrfJ-cigal 1 fl'1dttLra, I
,
for, ;litigation matters, and $1.20 per hour for cost recovery, matters
(i e:, : development applications, 'assrssmient districts, recovery of
cry
. d6llnyur��t a ,+r. a '.:tents,. and sirvlar cost � eCOv rYrs.
ssesstr ° p Y tars).
1
4
c) 'The above hourly rites may b&- subject to annual': reasonable
increaseswitk.said increases being subject to the. approval of QIITY.
i
t
Any such in rest ri c tions not �be subject to any st:6,c io i' ps, imposed
by:statuie.affer,6e execution ofthis4meadment to agreerfigftl,
Fdl" CrTy Agrees to ATTORNEY, and his ftnWy, on CITY's
dental insurance, Plan 3,V11k cost of A-TTOPNEY'
LN WITNESS WHEREOF. . City" ;Qf Petaluma, has caused this 4imendmint so
EWLOYWNT AGREEMENT to `be W diqy executed on tL behalf b
b its Nvor and
du ly -attes,ied by its City Clok, ind.ATTOFNEY has signed' uid-"
ig ed"An4" - exec u amendment to
agreement the date and' firsi,ab,pve.
CITY OF _PE LNILA
Mayor
ATTEST-
'City Chark,o
I UTY Q CLERK:
agrMt
p (flak)
2
. EM LV,SNQ I AGREEMENT
THIG.:AGRF NVT FMF fs stad'e and gr,g.,ir , into this .�� day
of 1944', hy' 3nA betv'ee. ^. the CITY Or PETAuLMA., a
mun _-ip ' co cnorat34n, h:ere�fter referred to as "CITY" Iand
RI,CHAR 'RUbNA an indiv, dual hereinaf,t r referred t9 as
"ATT dRNEY . "
I'I
WITNESSED.
WHEREAS',, 1t ,;s th''e desire of. the CITY to retain the
services of ATTORNEY as City Attorney ' and
WHEREAS, it "is the desire of the CITY to provide
6ertainenef benefits esta ^bush 'Certain 'Certain d6nditidns of` 'emp,loyment and
to set wo
rkin conditions of ATTORNEY; and.
NOW, °THERE FORE, " I ,f , 6r anti. .in. cons. der3tion, of mutual
pr;omsses, covenants ,and .eond'it o ns ha- r,ein . csonta .reed, the parties
hereto agree as foll
1 DUTIES
` Y "ATtioANE,Y"� a ire? begwof� "R R .
( a. CITY hereby a g r ee d o r- etairt RICKkRb THOMSE � P.NER,
,
RUDNANSI4
Associ of At= tQr;r�eys" as City At
An torney° of the CIT'X OF
PETALUMA to, pert.orm funct and duties (1,) sp;eciged r. the
Petaluma Municipal Cone an the petaluma ( t o 'ch rer (2) set
11 �f,orth .in Exhibit A attached hgr,etq, a''hd: l egally
permissible duties• a'nd functions as the CLT'Y (shall f,xam time - to-
ti:me assign:.
b: Nothing in this aare�tment shawl prevent, limit,
oz .oth'erwise interfere with the right of the : ,Y to terminate
the services
of ATTORNEY, subj.,ect to ,60 „days. writfen notice-
c. Nothiing in this agreement shall prevent, limit,
or 'otherwise init,er.fere W - ith. (the right, - of the ATTORNEY - to resign
from his position with CITY.1
s,ubjec.t to 60'days written notice.
herw.�se interfere w -th the,ri,ght erent'1 shall prevent, 'ai.mit,
d. Nothing in th s afire
re� Ym.. nts or practiceflahe ATTORNEY to
yr got
present.an- other clie w consistent with
California law and!,ethicai.,considerations,.
e. Nothing �n this• ag- reemein't s'ha'll prevent., limit.,
or othez int'erfiitd •W,i;th A he right: 'oz the - ATTORNEY 'to retain
wind use t} ser,v °iCE of ',,par egais, la-w cie'rks, or other"
attorneys ( "Assistant) Attorneys ") or retain' the services: of
outside attorneys ( "outs 1de Attorneys "to perform servi ces
�i
within ther'l particular speciait ies at their normal• fees
I.
2-. COMPENSATI
r
a. - CITY agrees to pay =QRFE.Y., effb July 1,
an' hourly ratt of! $95. -0:o for municipal ay matters and
,�
$1�z6. 60 p h'our plus costs; ot-ts for litigation on matters and $130.'0:0 an
hour , ch - argeable to third parties ior'dost - r , ecovery matters.'("I.e.
developrpent appllc'a•ions, assessment districts, recovery of
delinquent asses's payments and 5imil,ar 'cost recove'ty
matters').
b-. Eff ective, July 1, .;19
94, ATTORNEY she be
compe nsated f or the use of paralegal and " lay* clerk time At S4-9. 00
an ho and ATTORNEY shall. be compensated for the use of,
Assista,nt Attorneys at a . n hpu-rly :rate: of 5 for municipa law
matters and S1, 10, g0 for litigation matters, and $129,00 an :hour
for' tost zetdwiry matters ('. e.: developipent applications,. �qatlons
assessment, dis�'t.r,JL-cts, recovery', ',of delinquent assess?n Payments,
and similar recovery matters)
The above hourly rates ma b e s u bject : ' - nnual.
) ect to 11,
reasonable increase's with said j�nc;mases bei-n�q sub�ject to the
appro:val by the CITY. Any, .such , i increases shaAl not be subject to
any restriction's imposed by statute after the eX cution, of this
agreement.i
d'. -.Try agrees t pay employer and e-zq3 "1.0yee PEE'Rs
la n f o r r A T T 0 RN.f E Y
e CITY agrees'.
to include ATTORNEY and his family
on the CITY'S den.taI insurance plan at the cost of ATTORNEY.
-3-
CITY shall defend,,, hold harinles's, and i I ,,
ATTORKEY,aga any to mn f y
tort, Professional liability CIaim, 'or demand
or 'other leg,4Z -actl-pn,. Oroundless or otherwise is h , g
0 't o U g in. performance U f • an- alleged act or qnq' oqp t,)�- . of
d
ATTOATTORNEY'S aut" es in accordance with' The 'prQyip.dont of California '
i1overnment. Zbd'e Section ;82 CITY ' may c6mp;7qmi,s'w and.set' t le any
such cllciim or suit and pay the amount of any • ettlfe , meht or
judgment rehdered therefrom._
4, -5014c)1
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CITY shall, bc�ar the fu'l'l costs. of any fidelity or
of
h'er bonds requited of AT T ORNE Y - I - , Under. any law or otd - 1! inance.
OTHER -TERMS AND ;CON0jT-Tot48 of -tmp.LOYMtNT:
The C ITY in cohsu'lti3tion with NIE shall fj)c
any such other t!arms an. cbndit-idna of emplo as it tnay
qy
4etermint! from 'time -to time rialAting" to the perf of
ATTORNEY, proy"ide'd' such terms and. conditions are inconsistent
with or n co fli w th the, 'provivions of this, aCgr'i0elre'h1t,, the
-I),-
r
M-Un'icipa' Co4e," " Or any other L a.w. St7'ih o"he'r b'dn.df'its as the
CITY may au thorize in the Tit re w "li �2 :an, ended to +- s
agreement.
6. INSURANCE DY ^SCL,OS
ATTORNEY maintain progesslona i'a.b- ;ility ance lnci t CITY t erro it
is and •disc
ma' nsur including errors: and
oriss ions, coverage in. excess of $10:0,000.00 per occurrence and
$300, 000.001: per policy tern-
7s. GENERA PROVISIONS
t be�wa A.he Yt x
at ' . const the ent
,r� stall ^,.. }
agreer.:en . ' thl p r s .
b, This agreement a
become shall ,.ffective upon
h o
execution_
•
IL
C. In the event any dispute arises over the terms
of this agreement, prevailing party shall be awarded reasonable
attorneys fees.
an d. I•f any provision, or any ion thereof,
contained in this ag reement • 'is held' uncon Tonal. in or
unenforceable, the reina1nder of , this !a.greerent,, or portion
t ,. full b e eemed severable, shall be effective and shall
thereof; shill be d'eeme
d effect_
9 IN wI.T'NYSS WHEREOF, ha' y l caus a. greement to
be signed and dul execute i ts behalf
d C s 'Mayor-and duly
, attost e3 bl its, +•�r "Cl k an'd ATTORNEY has .p igpp - v d executed •
this agreement,' the day and year` first above written.
CZ;TY &F 9FTALUMA
B
YOR'
Ll
•
0
•
,. 11 0
N
4xce P P
t ias pto fwhere' In this Agreement,
ATTORNEY shall n pro essional manner, all of the
usual, cus:tomary'and necessary services, normally provided by a
City.. Attorney and Petaluma .C'ommuni.ty Developinerit "Commission
( IPCDC , as those ' services , are required..' ` Scope , of services to
be provided shall, include the followi'hq:
1. Attendance at City Cvunc:il /PCDC meetings;
2 attendance at .departmental meetings, staff meetings
or committee meetings deemed- °necessary "and appippr-iite, or as
requested by the City .manager or City Council;
3. Res,eareh, jareparatibn it review pf all Written
opinions, ordinances' tO s'olut- ion's,, agreements" leases., public
works contracts:, and- other do uments of a lega 1,, nature necessary
or requested by .the 'City m'ana or City Cou,nci;l';
a P'rov'ision °of all legal advice on behalf of the City
to city Coun cilmembers,.C;1ty•Mahager, :Commissioners, department
heads and other des ignAted�•pers.onnel. :a appropriate:.;
S. Commencement, a prosecut of all criminal
acti `
ons necessar y and app. =opr1 - ate to en�fozce: munac pal
ordinances,,, including entorcEment through administrative
proceedings;
6. Mon itor4ng, and' :a`dvisircg the Ctv- Council and staff
on legislation and -, case :Taw affecting . the City,;; '
7. Representing the City /PCDC• in the ' administration of
all, claims and liai;gation filed by' oz: against • it , provided,
however, that special counsel may be retained to defend or
prosecute action
s requi.ri'ng special expertise; further provided,
that . ou- tsidie couns'e;l shall 'he reta;i in the event of a conflict
of; °�ant,ere which d'i'squalif i,es the ,Attorneys from such
representation,;
,r
&,;Ir Rendering 'advIce, and .a.ss'istance ;in the
administratign City' -s general l� abi-1 ty risk management
and'insurance ro rams
9,, Igo ;ac•LV1C Qs ,of any spec..ial counsel
retained by t'he `tity�l and