HomeMy WebLinkAboutStaff Report 03/26/2001 (17) CITY'OF,PETALUMA, CALIFORNIA. 2'
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AGENDA SILL _
,Agenda- Title: Consideration and Possible Action Regarding Meeting Date:
• Resolution Authorizing the Mayor to Execute an Amendment to April.2, 2001
City Attorney's Employment Contract.
:Department: Director: Contact:'Person: Phone Number:
City.Manager • Frederick Stouder Frederick Stouder 778-4345
Cost of Proposal: Account Number:
1300
Amount Budgeted: Name'of Fund:
City Attorney
Attachmentsto Agenda Packet-Item:
1. Proposed Amendment to Emplo}mient Agreement
2. Proposed Resolution
3. Current Employment Agreement
Summary Statement: The proposed resolution approves certain amendments to the City Attorney's'
'employment agreement and authorizes the Mayor to execute said amendment to that agreement. The
employment agreement has•not been amended with,a compensation increase since 1994. It is proposed that
the current employmentagreement be amended to provide:
1. Effective April 1, 2001, Contractorshall be compensated at an hourly rate of$150.00 per hour plus costs
for municipal law matters, $160.00:per hour plus costs for litigation matters, and $175.00 per hour plus
costs for Redevelopment, EminEnt Domain, Labor Law, CEQA and,Land Use litigation matters, and cost
recovery matters charged to third parties (i.e., development, applications, assessment districts, similar,
costs recovery matters).
• 2. Senior Associate attorneys shall be compensated-at the hourly rate of$125.00 plus costs for municipal',
law matters and.$150:00,per hour plus costs;for litigation; Redevelopment, Eminent Domain, Labor Law
matters, and for cost recovery matters charged to third parties (Le., development assessment
districts, similar costs recovery matters).
' 3. Associate attorneys' time shall be:compensated at the hourly rate of$115400 plus costs for municipal law
matters, and $125.00 per hour plus costs for litigation, Redevelopment, Eminent Domain, Labor Law:
matters, and for cost recovery matters charged to third parties (i.e.,'development applications, assessment
districts, similar costs recovery matters).
4. Paralegal and law clerk:time shall be compensated at $85.00 per hour.
The City retains the right to retain other specialized legal services that may not be available through the
contractor.
Council Priority: THis AGENDA ITEM Is CONSIDERED TO'BE PART.OF, OR NECESSARY TO, ONE OR'.
MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND
I MARCH 18, 2000.
Priority(s): n/a
Recommended City Council Action/Suggested Motion:
Approve Resolution. •
Reviewed by Finance,Director: Reviewed;bv”City Attorney: Appra etby City Manager:
• Date: Date: ' / � Date:
Today's Date: Revision Aland Date-Revised: File Code:
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PROPOSED AMENDMENT
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AMENDMENT•TO EMPLOYMENT AGREEMENT
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This amendment is to the EMPLOYMENT AGREEMENT between Richard R. Rudnansky
("ATTORNEY") and the City of Petaluma ("CITY) and is made and?.entered onto this day
of ,.2001.
RECITALS.
WHEREAS', CITY' and ATTORNEY currently have in place an "EMPLOYMENT
AGREEMENT;" and
WHEREAS, ATTORNEY is a shareholder and member of the law firm of Meyers, Nave,
Riback, Silver& Wilson; and
WHEREAS, it is the desire of CITY to adjust certain portions of the compensation of ,
ATTORNEY 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 (number 2).of said;AGREEMENT as follows:!
• 2. .COMPENSATION.
(a) The CITY agrees=,that time of ATTORNEY and:all shareholders in
Meyers, Nave, Riback, Silver & Wilson,•effective April 1, 2001, i
shall be compensated at an hourly rate of $150.00 per hour plus
costs for municipal law matters, ..$160.00 per hour plus costs for
litigation' matters, and $175;00 per ;hour plus costs for
redevelopment, Eminent Domain. Labor Law, CEQA and Land
use litigation matters and cost recovery matters charged to third
parties,(i.e., development,applications,assessment districts, similar i
costs recovery,matters). With respect to litigation matters, CITY
• agrees to reimburse ATTORNEY and Meyers, Nave, Riback,
Silver'& Wilson for costs advanced and/or incurred. These hourly
rates shall be subject to reasonable increases with said increases
being subject to approval by CITY.
(b) The CITY agrees that Senior Associate attorneys shall be
compensated atothe hourly rate of$1.25;00 plus costs for municipal
law matters and $150 00 per hour plus costs for litigation, for
redevelopment, Eminent Domain, Labor Law matters and for cost
recovery matters charged to third parties (i.e., development
• applications assessment districts, similar costs recovery matters).
Said rates shall be subject to reasonable increases with said
increases being subject to approval,by CITY.
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(c) The CITY agrees that Associate attorneys' time, effective April 1,
2001, shall be compensated at the hourly rate of $115.00 plus •,
costs,for municipal law matters, and $125.00 per hour plus costs
for:'litigation, redevelopment, Eminent Domain, Labor Law•matters
and for cost recovery matters charged to third parties (i:e,,'
development applications, assessment districts, similar 'costs
recovery matters). Said rates shall be subject to reasonable
increases with said increases being subject to•approval;by CITY.
(d) The CITY agrees'that paralegal and law clerk tinge, effective April
1, 2001 shall be compensated at $85.00 per hour, ;subject;to
reasonable increases which will be subject to approval by CITY'.
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(e) The 'above hourly rates may'be subject to annual,, reasonable.
increases with.said increases being;subject to approval by CITY:,
AND FURTHER, CITY and ATTORNEY hereby agree to ,amend the EMPLOYMENT
AGREEMENT by adding,paragraph 8 (number 8),as follows:
8. SPECIALIZED LEGAL SERVICES. •
CI-TY retains'the rightto retain other specialized legal services that.may
not"be:available through.the'contractor.
IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be signed and duly
executed on behalf,ofthe Mayor and dilly "attested to by the City Clerk and.ATTORNEY has
duly signed,and executed this AGREEMENT.
CITY OF PETALUMA
Mayor
ATTEST.
• City
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City Attorney
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agrmt • .
3/23/01(fink)
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PROPOSED RESOLUTION
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Resolution No. .S.
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of the City Of Petaluma, California.
APPROVING AMENDMENT TO'EMPLOYMENT AGREEMENT
WITH RICHARDIR. RUDNANSKY, CITY'ATTORNEY
WHEREAS, Richard Rudnansky:was 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 desire to agree to a new
EMPLOYMENT AGREEMENT outlining the terms of eniployrilent compensation and benefits
relating to the position'ofcCity Attorney and for legal-services rendered by City Attorney and the
law firm of Meyers, Nave, Ribacic, Silver&Wilon ofwhiah;City Attorney is a shareholder; and
WHEREAS,there hag been no increase in compensation,since July 1, 1994.
NOW, THEREFORE; BE IT RESOLVED that the City Council of the City V
Petaluma hereby approves said Amendment to Employment Agreement, a copy of which is
attached as Exhibit A.
BE IT FURTHER RESOLVED that the Mayor iS hereby authorized to execute said
Amendment oifthe City's:behalf. -
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reso
3/23/01 (fmk)
Under the power and authority conferred upon tins Council by the Charter of said City.
REFERENCE: tiherebydettify,the foregoing Resolution was introdueethand adopted by the Approved as to
Council of therCily of Petaluma at a Regular meeting on, ,2001, form:
by the following vote:
City Attorney,:
AYES: •
NOES:
110 ABSENT:
Al thST:
Mayor
Resolution NCS
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CURRENT AGREEMENT
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EMPLOYMENT. .A•GREEMEN.T
THIS AGREEMENT, made and entered into this day
of 199x, by, and ;between the CITY OF .PETALUMA, a
municipal corporation, hereafter referred to as "CITY" and
RICHARD 'R. RUDNA.NSKY',, an individual, hereinafter referred to asl
"ATTORNEY. "
WITNESSED
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WHEREAS , it is the desire of the CITY to etain the
services of ATTORNEY as, City Attorney and
WHEREAS, it' nis the desire of the CITY to provide
certain ,benef'its, establish certain conditions of emnlovment and
to set working conditions .of ATTORNEY; and
• NOV, THEREFORE, for and inconsideration of mutual
• promises , covenants and conditions herein contained, the parties
hereto agree as follows: �
1. DUTIES:, -
. a. CITY hereby agreed tO retain RICHARD R. 1
RUDNANSKY ("ATTORNEY"') , "a member of "RUDNANSKY THOMSEN & VARNER,
An Association of Attorneys" as City Attorney of the CITY OF
PETALUMA to perform functions, and autie"s "(31) specified in the
Petaluma Municipal . Code and the, .Petaluma. City Charter, (2) set .
forth in Exhibit A attached hereto, and (3) ;other legally
permissible duties and functions as the CITY: shall from time-to-
time assign.
b. Nothing in this agreement shall prevent, limit,
or otherwise interfere with the right of the CITY to terminate
the services of ATTORNEY subject to 60 days written notice,.
c. Nothing in this agreement, shall prevent, limit,
or otherwise. interf'ere with the right of the ATTORNEY to resign
from his position with CITY subject, to ,60 days 'written notice.
d., Nothing ,in this: agreement shall prevent, limit,
or otherwise interfere with the right of the ATTORNEY to •
represent any other clients or practice law consistent with
California law and' ethical considerations:
e. Nothing in this agreement shall prevent, limit,
or otherwise 'interfere with the' right of the ATTORNEY to retain
and use the services of paralegals, law clerks, or other i
attorneys ("A"ssistant 'Attorneys") or retain the services of,
III outside attorneys ("Outside Attorneys") to perform services
within their particular specialti'eS at their normal. •feeS.
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2 . COMPENSATION:
a, CITY agrees to pay ATTORNEY, effectiVe: quly 1,
1994, an hourly rate Of $95., 00 for muhicipal law matters and
$120- 00 -per hour plus coats for litigation matters and $120,00 an
hour chargeab] e, to third parties for cost recovery Matters
deY,01qMent' apprlioatigns;. 'aseeesment districts, recovery of
delihaueht assessment payments, and similar cost recovery
matters) ,
b. Effective July 1, 1994 , ATTORNEY Shall be
compensated- for the use of paralegal and law clerk time at $45 . 00
an hour: and ATTORNEY shall be compensated for the use of
Assistant Attorneys at an hourly rate of 585. 00 for municipal law
matters and slia. 00 for iitigatidn matters, and $120-„:00 an' hour
for cost recovery matters (i.e. , development applications,:
assessment districts, recovery of :delinquent assessment payments ,
and similar recovery matters) .
C., The above hourly rates may be, suhtectto annual
reasonable increases with said increases being, subject to the
approval by the CITY. Any such increases shall not be subject to
any restrictions imposed by statute after the execution of this
• •agreement.
d. CITY agrees to pay employer and employee PERS
contributions: for ATTORNEY.
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• e. CITY agrees to indlude ATTORNEY and hiS family
on the CITY/S, dental insurance plan, at the cost of ATTORNEY.
3 . INDEMNIFICATION: _
CITY shall defend, hold harmless and indemnify
ATTORNEY against any tort, professional liability claim or demand
or 'other ,legal action, whether groundless or otherwise, arising
out of an alleged act or omission occurring in the •performance of
ATTORNEY'S duties in accordance with the provisions of California
Government Code Section 825 . CITY may compromise and settle any
such claim or suit and pay the amount of any settlement or
judgment' rendered thereftbm.
4 . BONDING:
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CITY shall beat the full costS of any fidelity or
other bonds required of .ATTORNEY 'under any law or ordinance.
5 . ' 'OTHER TERMS AND CONDITIONS OF EMPLOYMENT:
The CITY in consultation with ATTORNEY shall fix
any sUth :other terms an. conditions Of emplayment„ AS it may
determine from time-to-time relating to performance of
ATTORNEY, provided such terms and conditions are not inconsistent III
with or in conp.ict.witn 'the prdvisiohs Of this agreement,. the.
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Municipal Code, or ellY other law. Such other benefits .as the
CITY may authorize in the future will be amended to this
agreement.
6 . INSURANCE DISCLOSURE.
ATTORNEY represents and discloses to CITY that it
maintains professional liability insurance including errors and
omissions coverage, in excess of $100, 000. 00; per occurrence and
$300 , 000 . 00 per policy term.
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7 . GENERAL PROVISIONS': 1
A. The. text .herein shall constitute the entire
agreement between theterties.
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 awarded reasonable
attorney' s fees.
d. If any provision,, or any portion thereof,
contained in this agreement is held unconstitutional , invalid or
unenforceable, the remainder of this agreement, or portion
•° thereof, 'shall be deemed severable, shall be effective and shall
remain in full force, and. effect.
IN WITNESS .WHEREOF, CITY has caused this agreement to
be signed and duly executed' on its behalf by its Mayor and duly
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attested by its City Clerk, and ATTORNEY has signed and executed
this agreement, ;the day and year first above written.
CITY OF PETALUMA
By '
MAYOR
RICHARD R. RUDNANSKY
Attorney
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ATTES'T:
PETALUMA CITY CLERK
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EXHIBIT "A"
All
Attornev Services
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. Except.as provided elsewhere in this. Agreement,
ATTORNEY shall provide, in a professional .manner, all of the
usual, customary .and-. necessary services, normally provided by a
City Attorney and, Petaluma, Community Development Commission
("PCDC") , as those services are required,. Scope of services to
be provided Shall include the following:
1. Attendance at City Council/-PCDC ,meetings;
2 . Attendance at departmental meetings, staff meetings
or committee meetings deemed .necessary and appropriate, or as
requested by the City manager or City Council;
3.. Re_search, .preparation or 'revieia of all written
opinions, ordinances., resolutions , agreements , 'leases, public
wbrks'. contracts, and other documents of', a lega l nature necessary
or recuested :by the .City' manager or City Council;
4 .. Provision of all legal advice ion behalf of, the City
to Cit y Counci.lmemberrs City s
Manager, Commissioner , department
• heads and other desi hated personnel as appropriate;
5 . Commencement =and .prosecution. of all criminal
actions necessary and appropriate to enforce municipal
ordinances, including; enforcement through administrative
proceedings;
6 . Monitoring and ,adv'ising-the City Council and staff
on legislation and case law affecting the City;
7 . Representing the City/PCDC in the administration of
all claims and litigation filed by Or ,against it provided,
however, that special counsel -may be retained to defend or .
prosecute actions requiring special. expertise; further provided,
that outside counsel shall be retained in the event of a conflict
of interest 'which disqualifies the =Attorneys from such
representation;
8 . Rendering advice and assistance in the
administration' of the City's general liability risk management
and insurance ;programs ;,
9.. Monitoring :activities of any special counsel
retained by the City' and
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10 . Providing conflict of interest assistance to
Council/PCDC and staff on behalf of the City/PCDC and assisting
members and staff in seeking advice from the FPPC. .'
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JUL-731-1996 CIT,? CF FE7PLLMP 707 772 4414 P.04
AMENDMENT:TO tabilYWYMENT AGR
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This.As a ByENTris to the AGREEMENT between Richard.
R. Rudnansky CNITORNEY'VassilliKitY Of Petaluma,( CITY") iSmatle and entered
into asof this .clay•ci 1996.
14:4TAL5
WHEREAS CitrOf .7111ilisti*altitl RichirdR. Ruiintm4icy c*rentlyihave in place
an EMPLOYMENT AGREEMENT;
WHEREASifis,the dealiv of the City of Petaluma to:adjust certairsportions of thi:
compensation of RicluirtER.Riiidnimaky;
NOW, THEREEORE,CityfPetalusaut andRichatd-R. Rudnansky hereby agree
to amend the EMPLPYMENtAciREEMENT and particularly paragraph two of said
agreements.,follows: . •
2. COMPENSATION:'City of Petalumalgrets tolpay ATTORNEY Richard '
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R. Rudnansky and hourly tate:Of:In®for Municipal Law SI.37 per hour plus
costs for LitigatiimMatters and $tilti for Cost Recovery Matters (Lc.,.development
41 implications, Assesament.Distri*.recovety of delinquent assessment payments and
similar cost reinvery Mitten).
(b) dinrdy.A4TOPIETahail,be:torriPensaled for the use of a
paralegal and 11*ale:Artifice at,S45 per linorxendatternershall'be compensated for the
use of assistant attorneys at anicattly rate of S35 for.Muriicipal Law Matters and S110
for Litigation'Matti:math $120veehow.farCtistReCovery.Matters (i.e_, development
applicatiUns, Assessment Piatricts,7reCovery of delinquent assessment payments and
iftikar costtecoverr imam);
(c) The above aay be.snhject to annual reasonable increases with
said increases being inkjet:401w approval by the City: Any such ineressesshall not be
subjecitto..4iay rest:tie-flout imposed statute ther thc.execution of this agreement.
(d) The CO agrees Vi!Slut ArroaN-Et itiffiti5.family on the City's dental
insurance,plan atthe cost of tattonbey.
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JUL-31-1996 15:39 CITY CF FETFLUMF" 707 778 4414 -P.05
- IN WI`CN£SS;WHEREOF;the Cityhsa caused•this.agreement toibe signed and
duly executed ott its bebalfby'its!ttl>aya and dulyastetted by its:City Clerk;:and .'
ATTQRNEY,has signed°and=Oiled Otis ireemcat the date+and•yeat fist above
written.
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Dated:; City of Petaluma
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Dated:- Richard R. Rudnansky
A l 1 OR3'•FE
Attest:
Cityof Fetal lima;City clerk -
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CLOVERDALE Shareholder$150; Assoc $125; Para $85; Law Clerk $65;
Secty$50
Lit/"Eminent Domain/Cost'Recovery/Specialties $175
Court Appearances re Citations $125
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HEALDSBURG • $'135 Blended, First 60 hours
$150 Blended, Over 60 hours
Lit/Eminent Domain/Redevelopment/Cost.Recovery $175
Para $85 -
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SONOMA $125 Blended
Lit:'Shareholder$170;Assoc $140
Cost Recovery : SH•$225, Sr Assoc $195;.Jr. Assoc $175
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WINDSOR $120 Blended-First 75 Hours; $150 Blended Over 75 Hrs
Para $85
Litigation/Cost Recovery: $180 Blended; Tiara $100
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ROHNERT PARK Salaried City.Employee-.$105,212
PERS Benefits ' •
Outside Counsel for litigation and specialties
COTATI $100:Blended'
Lit $115 Blended.
CR $150`Blended
Use of Outside Counsel
SEBASTOPOL Part Time City Employee- $43,000.
PERS Benefits
Benefits
Use of Outside.Counsel
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