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Home My WebLink AboutAgenda Bill 3.K 07/19/2004CITY'OF' PETALUMA;, C-ALIFORNIi' GIN), BMIL, Agenda Title:. R•esdlution Approving. Amendment, to Employment' ,1Vleeting Date: July 19, 2004 .Agreement with Richard R. , Rudnansky .(City .Attorney) of: Meyers, Nave, Riback, Silver & Wilson 14eetin2Time: ® 3:00 PM ❑ 7:00 PM Category (check 'one)-: Z Consent:Calendai ❑ Public Il'earing ❑ New Business ❑ Unfinished Business ❑ Presentation Department: Director: Contact. Person:: Phone Number: City Manager Mike B'ierma -� Mike Bierman. ",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: Attachment 1 — Resolution of the Petaluma City Council. Approving Amendment to Employment Agreement with Richard R. Rudnansky, City Attorney, of Meyers, Nave, Riback, Silver & Wilson Attachment 2. Emp loyment Agreement and First and Second Amendments to Employment Agreement Sumnary 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, Riback„ Silver & Wilson, and `the City. Council desire to amend the Eniploycnent Agreement outlining, the terms of employment compensation °related. to the position of City Attorney and 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 • Recommended City CouneffAction/Sulmested Motion - Council approve of the* Resolution,Approviria Amendment to the Employment .Agreernent`with Richard R.. Rudnansky (City Attorney) and his law. firm,of Meyers, Nave; Riback, Silver & wi.lson-, Reviewed by Finance Director: ReVieWed bvCitv Attorney, AOp'rovobyf-itv Man a2er: Date: Date: Datet, Toda*':g Wie; Revision # and Date Revised;. File Code:, '002451 agenda bill 0 RE, SOLUTION APPROVING AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY ATTORNEY le ATTACHMENT 1 #674364 PROPOSED RESOLUTION NO: OF THE CITY, OF PETAL, MA. CALIFORNIA RESOLUTION OF THE PETALUMA CITY - T �_CI�L APPROVING AMENDMENT TO EMPLOYMENT - _ COUN AGREEMENT WITH RICHARD R. RUDNANSKY, CITY ATTORNEY WHEREAS,, Richard R. Rudnanskyywas first retained as special litigation counsel in 1983; and WHEREAS, Richard R. Rudnansky was appointed City Attorney.on or. about July 1, 1989; and WHEREAS, the City Council and Richard R. Rudnansky of Meyers, Nave, Riback, Silver & Wilson desire to amend the EMPLOYMENT AGREEMENT outlining the terms of'empl'oyrnent compensation relating to the position of City Attorney and for legal services rendered by City Attorney and the,law firm of Meyers, Nave, Riback, Silver & Wilson, of which. City Attorney is a principal;..and WHEREAS, there has been no increase in compensation April, 200:1. NOW, THEREFORE, BE IT RESOLVED, that the, City Council of the City -of Petaluma hereby approves said Third Amendment to Employment 'Agreement, a copy of,which is attached•asExhibit A. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized;to execute said Amendment on the City's �ehalf: PASSED and ADOPTED this day of , 2003 by the following vote: AYES: NOES: ABSTAIN: ATTEST: City Clerk #674329 CITY OF PETALUMA Mayor 4�B"I A , a, tt r THIRD AMENDMENT'T.O EMPLOYMENT AGREEMENT This"amendment'is to the EMPLOYMENT_ AGREEMENT between Richard R. Rudnansky of Meyers, Nave, Riback, Silver & Wilson, ("ATTORNEY") and the Citybf Petaluma ("CITY") and is made and entered into this day of , 2004. . RECITALS WHEREAS, CITY and ATTORNEY currently have in place an. "EMPLOYMENT AGREEMENT," and WHEREAS, ATTORNEY is a principal'' and member of the law f rm' of Meyers, Nave, Riback, 'Silver & Wilson; and WHEREAS, it is the desire of CITY to adjust the compensation ofATTORNEY'and other members of Meyers, Nave, Riback, Silver & Wilson; .NOW, THEREFORE, CITY and ATTORNEY hereby, agree,.: to. amend the EMPLOYMENT AGREEMENT and, particularly, paragraph Two (2), of said AGREEMENT .as follows: 2. COMPENSATION. (a) For municipal law.matters, 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 areas (Enterprise Fund Issues, Internal Service Issues, Mobile Home Rent Control, Spec'ial'.Revenue Fund Issues; Redevelopment, Eminent Domain, Labor, Environmental,, Telecommunications; and 'Litigation)'ATTORNEY, other principals, and senior associates, effective; July 71, 2004, shall be,compensated at a rate' of $195.00 per hour plus costs, and associates shall be; compensated' at,the hourly rate $175.00 per hour plus costs. (c) For Cost Recovery matters charged to third parties (i:e.' development applications, 41 assessment districts, and other similar cost recoverymatters), CITY agrees that ATTORNEY and all other°at'torneys in Meyers;, Nave; Riback, Silver & Wilson, effective January 1, 2'004,.shall be compensated at the hourly rate of $225.06_an hour plus costs. (d) CITY agrees that paralegal and law, clerk. time.' effective July 1, 2004, shall be compensated at $95.00 per hour. (e) The -above hourly rates may be subject.,to annual reasonable' increases with said increases being subject to approval by CITY. WITNESS WHEREOF, the; CITY -has caused this Third Amendment to be,signed and duly executed on ' eha'lf of the Mayor and duty attested to by the City Clerk and' ATTORNEY has duly signed and executed this AGREEMENT. . I CITY OF PETALUMA M'EYERS,"NAVE, RIBACK, SILVER & WILSON Mayor ATTEST: City Clerk #674326 By _. Richard R. Rudnansky • 0 EMPLOYMENT AGREEMENT AND PREVIOUSAMENDMENTS ® Em'plo'yinent Agreement p4m"' Lent to Ern to rAinent reeme ® Am . p y g nt dated..May 6, .1996 ® Amendment to Employment A,greenta t dated' April 2, 2001 #674352 „ ® A107ENYSMNT 'TO 1LOXag&” GAK— WNT This amendment is to' the ., AGREEMENT'between Richard R. Rudnansky F�LOYMENT C ATTORNEY") and* the City of Petalurria ("CITY) anti is made -and �ew.ered onto this 2-''`sda- of APr-1 L. 2001. XZMA16S WHMAS. CITY arid' ATTORNEY currerstly nave °ih place an " F>"L0yjAEj4'T AGREEMENT;" end WHEREAS, ATTORNEY is �a shareholder 'and, member of the, law firm of Meyers, Nave, Riback, Silver & Wilsor°;'aM WHEREAS, it is the desire of CITY,, to adjust certain portions .of- the compensation -of ATTORNEY and other membersraof Meyers, Nave, Riback, Silver &, Wilson; N®tlVt THEREFORE. CITY ,and. ATTORNEY' hereby .,awe -.,to amend the 'I=MFLOYAMNi AGREEMENT and, particularly, paragraph two (nuniher 21, 6f��ais! AGREEN&N'T as'follows: 2. u ) hvgW'SATION. (A) The CITYagrers that time of ATT6k_?4E:' and riNl'slaarrl4c►ltle_*a in Ivieyers,:.Nave,,.Ribacic, Silveir �c Vv'ils�n,, e$�eciive'April .1. 2001, shall be':compensated at an hourly rate, of° $150.00 per''hour plus 'costs For inunicipal law matters $l60.C''per 'hour plus costs for litigation'' matters, and' $I75100 pei '.;hour. 1 plus costs for redevelopmetrt,' Eminent 'Domain. Labor I:aw, CEQA ,and Land use Nitig84i6ri ibatters' and cost recovery 'tnattersii charged to .third piities' (i.e., deveippihent.applications, 'asses s; districts, similar costs,'fecovery matters). With respect to'iiti�apon,'matters, CITY agr-, to, min. sl' -- se. ATTOR EY and, MayoM Nave, Ribs, Silver &t Wilsort"for casts adverted an&i ,rr incurred.' These hourly ;rates, shiff be subjecf to. -reasonable increases with said.inceeases 'being subject; to approval :by CITY. (b) The :CITY agrees,, that Senior. Associate attorneys shalt, be . �I , compensated st the,hourly rateof $125.00;plus costs for municspal laws matters and _SISO .00 per how, pips costs -for litigation, for red"gveNopmeK Eminent Domain, Tabor Law,matters and .for cost recovery �" matters charged to. third 'parties' (i;e., development: I applications, assessment"disiricts,.aimilet costs. recovery matters). Said, rate.',: shall I be subinct. to r+easonableu° in'' eases wuh said ® increa seS bzo-jq subject ,wo approval b .C?TY: (c) The CITY agrecs that Assopiate Vtorneys' time . -0 effictive-A fit I-, 2001 i shall be, compe4seed at the hourly rate of S1 13.00,,plus costs for municipal law, matters, and S125.00 per hour phis, costs ,forr litigation, redevelopment;, Eminent Dqrnain, labor Law matters 'and -for cost- recovery matters ch#,ged to N.r,d,P&MeS (i.e,, deVelopinent a0plications, assessftM diStriCU. similar PDAS recovery matters). Said rates shall be subject to rtmnible increases with said` increases 'being subject to approvil by CITY._ The, CITY agrees, diat. patolegafandlaw cleric time, effective April 1, 2001 shall be compensated at $85,00 per hour subject 16 reasonable increases which wi (b; subject to ap provil by CITY. (e) Th't aboV& -hour . ly rates may be subject, to annual 'reasonable increases` with said: iftcreaserr-being subject to approval by CrIry, AND FM THM CITY and ATtOIWEY liirpby agree to amend the, "SOYMENT AGREENENTby addi'ns,pwagraoh 9 bmin..,S) # folflows: S. SPECIALIZED LEGAL SE&6CES. CITY retains , the tight to retain, p'ther, specialized hq0l services that may' n6t beravailaNe thrb,4 the contractor. IN WITNESS WHMOF,, the CITY has causedthis AGREF—NIENT to be signed '& duly Sne an U exerted, on behalf 0-, 1he Mayor and, dully 4ttpsred to by the City Clerk and ATtORNEY 'has duly signed and, executed� ibis AGX.E.ENENT. CITY OF PETALUMA Mayor V ATTEST,. WWI MMI (ftn* -4 N 0 0 u" I' AMJENDMENT YO''ELO MPL®YMN:T A'GEMIENT - - — This amendmem .is to th e.•'E.IVii'LOYIVR?NT ACrRP.EMENT between Richard R. Rudnansky,. ("AT TORNEY") and the :City of netalui a (•"CITY")' aaad s':,masie and entered into oftins LO day of %� 2v : 1996'" RECITALS, " VVMMAS, City .of Petaluma andN,Richard R Rudnansky tixrrewly have in place an EMPLOY- MEM AGREEN ENT; and• Wft S, -it is She 'desire' of ,the City of Petaluma to adjust certain portions of the compensation of Richard'.R..Rudnanslcy, NOW, TME.> X)VORE, City. Iof'Petaluma and Richard R. Rudnansky, hereby agree to amend the EMPLOYMENT AGREEMENT;, Ono paragraph 2 of � ' , ' sand agreemeat as follows!. „ 2_ COMPE.rIS BONT . (a) CITY°agrees'to pay ATTORNEY Richatd' R. Rudn'aiiaky'an hourly rate o-$-f09,for municipal law matters, `$137 per hour plus costs for I liti a*<en rzi3:ters, 'and $148 for cost recovery, matters (i.e., develop- ment applications, assessment districts, recovery of ' del*tient assessment payments and simiiar cost recovery matters). E## ctive imnriediately; ATTORNEY s ib? , I ball be compensate4,,for the use , of a „ paralegal - and law clerk time •at $45 pec hour, and " ATTORNEY shall b'e .coinpersated .for the use of assistant SttoTeys at an ioiirlj I'm of for itunsciga! .iaw cndttera, 110 for,1itigation matters, and $1.20 per hour for cost 'recovery, matters (i.i, :development applications, assessment districts, recovery of delinqutnn't assessment payments, and stnilar cost recovery gwters). t • 4 (0 The above hourly rates may b&- subject to annual. reasonable increases witk.said increases being Lsubject to the. approval of CITY. Any such increases'shitli not �be subject to any restrictions , imposed by.statuie*erthe execution of this4sheadment, to agreement. 0TY Agrees, to include ATTORNEY, and his ftnWy on CITY's dental insurance plan $111e, cost of A-TTOPNEY LN WITNESS WHEREOF, .,the ' City —.of Petaluma, has caused 'thii 4ime,ndffiint to EWLOYN ENT AGREEMENT to `be,-vigned and diqy &ecutedT on its behalf by its Myqr and duly attesied by its City Clok, and ATTOPNEY has signed' &d'executed' this amendment to agreement the date and'.;Year firsiz - kove. CITY OF -PE XUA. ,'7 ..... . . . . . . . . ?Af� mayor ATTEST - 'City Clerk ,o.tpU ty CLERK. Cit -Attorn y agrMt 5/13196(fmk) 2 ,r.Mr--LOYMENT AGREEMENT E.. is maede and �ente_;7�ed into this day 4 "by* arn- bet'4�eetn 'th C.-ITY OF _'PtTALURX, a oi mun ip co-v:porat-i6n, Ih6r,e6fter ref,e.,ered to as: "CITY" and r kY,jr'an 'individual, he'reiniat�tar referred to as A. R1,CHAIR V. 'R&UN _NS "ATTbRNEY. II WITNESSED. WHEREAS,,' it .,i,s *tb'e, de"s"ire , oi'thi CITY to retain the services of ATIORN-tY as, C-ity Attorney;'and WHEREAS, �it '*is t I he desire 'of the .'.,C-ITY. to prov . ids certain benefits, establlih 'Certain conditions', of emkoy-ment and P. to set working conditionis'ot certain and. NOW, 'THEREFORE-.," ,fbr and. in, consideration of 'mutual promises, covenants an.d qd.nditi-lons har6in L-l'onta-ined, the parties hereto aqre0_ as follows: 1.1 DUTIES: q--ITY, hereby agreed to retain RICKkRD R. RUDNANSKY (8`ATT6RNE,Y1i)`!t" a md.mber of "-RUbOANSICY,''THOMSEN & VARNER, An Asso'ciation of Attor,,'no-ys,0' as City Att6rne` y,:o,f the CITY OF -PETALUMA tp,,perforr tun,ctlones and duties specified in the -.1 . Petaluma e ` Petaluma Municipal '`_Cod'49� . and the etaluma, -City Ch&rter, (2) set forth in ExAibit -A attached,. riefemq� 'an" '6t)ier- 14gally permissible dutles, and functions as the CZ TY,zhall,ttor time -to - time assign.*. b_v_ NoEhing.dn this agreement shall prevent, limit, .or oth'erwise intee..fere with the right (:if the:"CI.Zy to terminate the services ATTORNEY U .0 subject t0 ,60 ,days, w -tten, notice Nothing in this" agreement' sh, 11 prevent, limit, or 'otberwis-t interfere, Vi,th' th6 right, -of the ATTbRN;EY -to resign from his position with CITY s,tlbjecf to 60 'days written notice. di Not 'h-ing :in this, agreement'.shall pre- vent, limit, djr.,dthiirwi eu, .,interfere, with, the right of! thw,ATTPRiJEV to represent',--,any"othler'clients or,, practice law consistent with California law ands' �ethi Cal con'sideiratkons_, e. or Othe 0&,: i nterf iotthdin4,4 thi er.g eAT,TORREY-�tnt., limit,n tnis arnshall pre've t or he o retain and use -the, j.-e:F1y',jc,6s iD,;f paralegais, law or other" attorneys ("Astis.tant,, Xftor - neys") or :petain the services; rvice-s7 of outside atto4fi-i"y- "t Tt"de �t-�6r- J1 , attorneys ("outside 5 1 neys') to perfori services within thelr'il�,'P4rtiqul,ar specialties at their normal, fees,. 2-- COMPENSATION: r a. .'CITY agrees to pay AtTO.RizE.Y., effective: July i, 1994•j, an hourly rate o,f j .0 for munic,ipikI 1dW matters and $1,�,6.00 per hour ;plus co_i;.t% for litigation " matters and $130.6,0 an hour , chargeable to third paet-ies t'or'cost -recove-r,y matters .'(i.e.,_ development ap, lications, ass0itthent distti,cts, recov6rv" Of delinquent assessment,payments; and similar 'cost recovery, matters') b. Effective, July 1, ."1994, ATTORNEY Shall be compensated for the., use of= paralegal and 'la,w*clerk time at S45.00 an hour and ATTORNEY shall. be compefts'at'"ed flor the, use of Assl - stant Attorneys at an h,ou,.rl,y rate: of '585.00 for municipa 1, law matters and S1,10,60: for litigation matters, And $12,0,-0o an -hour for'tost zec-dvary matters (,j-.e,:, development applications, assessment d1sitrILcts, recovery ',Of Cie inque nt assessment payments, and similar recovery matters). c. The above hourly rates' may 'be subject to annual. reasonable increases with said increases bei-nq subject to the, approval by the CITY. Any, :such, increases s1,ha1'l not be subject to - any restrictioris imposed by statute afterthe exapption, of this agreement., CITY Agrb., to pay employer and erp'loyae PER_a contribut-ions for ATTORNEY. e . CITY agrees, on the CITY'S dental insurance .3 o t include ATTORNEY and his family Pl'ah at 'the cost of ATTORNET. CITY shall defend„ hold ha,,rinle.vs, and indem'nlfy ATTORNEY, agai:.n,st any tort, professional liability claim'6r demand or 'other legjaZ -action, whether oroundless or. other wise, ri . - - ., a ris i__ 9 out of •an- alleged act or oml-iss-ioh., bcpurring in. the performance of ATTORNE-Vt duties in accordance with' the Vrovis:io . ns :of tajjf.ozhia i1overnmen,t Code section ;825+, CITY' may z -qmi,st and.,�set.t1e, "any ompr such claim or suit and pay .the amount of any sett:1emerit or judgment rendered therefrom._ 4, 5b140-X_NC,:, CITY shall bear the, full costs: of any fidelity . delity' �or ,other bonds required of ATTORNEY �under. any law or ordinance. inance. .QTM•ER TERMS AND ;CONOTTM48 OP -k-MPLOYMtJt,:' The C'I,Tk in consu'lti3tion with'ATTORNEY shall fix any such other terms, an condit-ldns, of emp1gyrnAnt, as -it 4eterfiind! from 'time---to-t-,11md relating' to th,e performan-ce. '.Of ATTORNEY, provided' such terms andc6nditions 'are n7ot 'incbnsIstent with �or in c,01n7f-lict, with the provisionsof' this, agreement;, the • 'Municipal, C04- "'q an Gther 'ia.w. Su'�h OtiTE'r b'enefitS 75 y the CITY may authariz ,in the, future t,W il,; be :armended to this Agreement'. 6. INSURANCE DISCLOSURE. AT.TORN,EY represents ' and „0-44oses' to CITY that it maintains proge'ssional'la'bility'nsurancencluding errors and omissions, c'overage an, excess of $10.Q,0oo.0-0 per occurrence and $300, 000. 00i%per policy term.. ?:. G —L PROVISIONS-: a. The "text here;n shall, constitute the' entire agreer.:ent between .the parties. b. This agreement shall become effective upon execution_ c. In the event.,any dispute arises over the terms of this agreement, prevailing party shall be„.1awarded reasonable attorneys fees. d'. If any provision, or any portion thereof, contained in this agreement, is, held"' uncpnsti�tut onal, invalid or unenforceable, the remainder of; this.a.greerent., or portion thereof; sh'a2l be deemed severable, shall beeffective and shall remain in full force`'and effect_ IN WITNESS WHEREOF, CITY ha's caused this agreement to be signed and duly executed on its behalf by its`Mayor-and duly attested by 'its City Clerk, and ATTORNEY has ,sigpgd And executea • this a;reement, t:ie day and year first above written. CITY &F 15ZTALUMA " YOR RI:CHARIVR. ' �UbNANSKY Attorney ATTEST : TRLUMA CITY CLEU l • "A" Attorney,- gervi�e"es 4kcept ,as prom ided-";e ls6wheie' in' 'this Agreement, ATTORNEY shall provide in a proftst,ional 'manner, all of 'the usual, customaryznd necessary, services, normally provided by a City, Attorney and Petaluma Community Develo,ph6ht "Commission (11PCDC11) , as those, , se - ry I ices -are required. sicopg',,of services to be provided ,shall,, ind, , lude the following: 1. Attendance at City 0ouncil/1PCbc me'etir*19s; 2.1 Attendance at' dep4rtmental, meet'ihg.s, staff meetings or committee, --meetings deemed-"necess.ary "and appippriite, or as requested by the City . manager or City Coundil 3. Research, Prenaratidn 6r review pf all written opinio . ns, ord1han lutd-orris,-, aqreem,ent,5,,, leases., public works contracts,,,, and other do);u.ments ot, a lskgal,, nature necessary or requested by -the City manager or City Council; 4. ?rqVisi.orv,,of', all legal advice on behalf of the City to City Councilmembers, .-C - ity'Mahager,,commiss_ioners, department heads'And other des ig'hAte .persbnhei Jas,i appr6pria` te.; S. Commencement,, and prosecution of all criminal actions necessary and d 'appj r� , ppri-ate to erif prce: , munac.ipal ordinances, �indlUd, ingl en'tor'coment through administrative proceedings; 6. Monitorw'ng, d" a - '- 'rig the City- council and sta,f f � and' d visi on legislation and-za'se :la',Lw affecting . the .,Cityl,"J' 7. Repr-ese"n','t."i,',""ng'�" t,,he City/.PCDC' in the aidministration of all, claims and li'tigat�ion fi,l,ed )Dy' o,r, agai . nst: it' provided, .however, that. special, counsel may be retained .to defend or actions , " " ._ _ P ' �', ". further provided, prosecute , requ - iring, special expertise; ,tilat. puts id',-e,, cou,ns',e:1- sh,a 14 'be rb,tai,ned in, tihe, event of a conflict which dizqualif.i,es the Attbrneys from such representation�;, j '&,;IrRend'eri , n - g adv..§ ice, and, a,ss1itanqe,- In the administration -of thO, City'-s general liability risk, management and' insurand" d"'"'pro'g"rams"i of f ;any specii'al counsel retainedby' the'City,l and A-2 N 10. .,, Provid�ing conflict ,of 'i,nterest asslstance to Council/PCD.0 and staff on behalf" ;of the C-,ty/PCDC and assisting members and 'staff in ,seeking advice :from the FPPC.. l _ A-2