2005/01/19 City Council Agenda PacketROHNERT PARK CITY COUNCIL
SPECIAL MEETING AGENDA
Wednesday, January 19, 2005
MEETING LOCATION:
CITY HALL – COUNCIL CHAMBERS
6750 Commerce Boulevard, Rohnert Park, CA
5:00 p.m.
CITY COUNCIL MEETING Call to Order
Roll Call (Flores Smith Spradlin Vidak-Martinez Mackenzie—)
Pledge of Allegiance
Judy Hauff
City Clerk
City Hall
1. Unscheduled Public Appearances
For public comment on items not listed on the agenda, or on agenda items if unable to
speak at the scheduled time (limited to 3-5 minutes & a 30 minute total time limit or
allocation of time based on number of speaker cards submitted)
-_PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING -
*SEE NOTE ON LAST PAGE OF THIS AGENDA
2. General Plan Implementation [5:30 p.m. – 6:00 p.m.] 'APPROXIMATE Taws
a. Staff Report
b. Public Comments
c. Council Discussion/Direction
6:00 p.m.
Break for Dinner
6:30 p.m.
Regular Session – Reconvene
3. Finance Department Matters: [6:30 p.m. - 6:45 p.m.]
• Financial Presentation – Fiscal Year 2003-2004
a. Staff Report
b. Public Comments
c. Council Discussion/Direction
(SEE NOTE ON NEXT PAGE)
• Water/Sewer Rates [6:45 p.m. – 7:30 p.m.]
a. Staff Report/Presentation by Consultants Bartle Wells
b. Public Comments
c. Council Discussion/Direction
4. Wilfred/Golf Course and Highway 101 Interchange 17:30 p.m. – 8:30 p.m.]
a. Staff Report/Presentation by CalTrans
b. Public Comments
c. Council Discussion/Direction
Rohnert Park City Council Special Meeting Agenda (2) January 19, 2005
5. List of Projects to be Addressed in 2005 & 2006 and Staff Commitment to
Service [8:30 p.m. — 9:30 p.m.]
a. Staff Report
b. Public Comments
c. Council Discussion/Direction
6. Hiring Process for Permanent City Attorney [9:30 P.M. —10:00 p.m.]
a. Staff Report
b. Public Comments
c. Council Discussion/Direction
7. CONSENT CALENDAR
All tems on the consent calendar will be considered together by one action of the City Council unless
any Council Member or anyone else interested in a consent calendar item has a question about the item
A. Resolution for Adoption:
2005-23 Supporting Cotati-Rohnert Park Unified School District's Measure "A"
B. Approval of the Mayor to send a letter of support to the Sonoma County Board of
Supervisors requiring mandatory sewer connections (re.Cannon Manor Final EIR)
8. Public Comments
For public comment on items not listed on the agenda, or on agenda items if
unable to speak at the scheduled time (limited to 3-5 minutes & a 30 minute total
time limit or allocation of time based on number of speaker cards submitted)
-PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING
*SEE NOTE BELOW
ADJOURNMENT
DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person
to assist you while attending this City Council meeting, please contact the City Offices at (707) 588-2227 at
least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please make
sure the City Manager's office is notified as soon as possible if you have a visual impairment requiring
meeting materials to be produced in another format (Braille, audio -tape, etc.)
NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be
considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. if
you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving
recognition from the Mayor, please walk to the rostrum and state your name and address for the record.
-PLEASE FILL OUT A SPEAKER CARD_ PRIOR TO SPEAKING
Any item raised by a member of the public which is not agendized and may require Council action shall be
automatically referred to. staff for investigation and disposition which may include placing on a future
agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the
agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the
matter to determine if it is an emergency item under said Government Code and may take action thereon.
JH -h:011905 AGENDA-WS-RPCityCoundl
ROHNERT PARK CITY COUNCIL
SPECIAL MEETING AGENDA
Wednesday, January 19, 2005
MEETING LOCATION:
CITY HALL — COUNCIL CHAMBERS
6750 Commerce Boulevard, Rohnert Park, CA
5:00 P.M.
CITY COUNCIL MEETING — Call to Order
Roll Call (Flores _Smith Spradlin Vidak-Martinez Mackenzie„
Pledge of Allegiance
1. Unscheduled Public Appearances
For public comment on items not listed on the agenda, or on agenda items if unable to
speak at the scheduled time (limited to 3-5 minutes & a 30 minute total time limit or
allocation of time based on number of speaker cards submitted)
-PLEASE ML OUT A SPEAKER CARD PRIOR TO SPEAiONNG-
*SEE NOTE ON LAST PAGE OF THIS AGENDA
2. General Plan Implementation [5:30 p.m. — 6:00 p.m.] *APPROXIMATE TIMEs
v/ a. Staff Report (SEE NOTE ON NEXT PAGE)
b. Public Comments
c. Council Discussion/Direction
6:00 p.m.
Break for Dinner
6:30 p.m.
Regular Session _ Reconvene
,; / 3. Finance Department Matters: 16:30 p.m. - 6:45 p.m.]
V • Financial Presentation — Fiscal Year 2003-2004
a. Staff Report
b. Public Comments
c. Council Discussion/Direction
• Water/Sewer Rates [6:45 p.m. — 7:30 p.m.]
a. Staff Report/Presentation by Consultants Bartle Wells
b. Public Comments
c. Council Discussion/Direction
4. Wilfred/Golf Course and Highway 101 Interchange [7:30 p.m. — 8:30 p.m.]
a. Staff Report/Presentation by CalTrans
b. Public Comments
c. Council Discussion/Direction
Rohnert Park City Council Special Meeting Agenda (2) January 19, 2005
5. ist of Projects to be Addressed in 2005 & 2006 and Staff Commitment to
Service [8:30 p.m. — 9:30 p.m.]
a. Staff Report
b. Public Comments
c. Council Discussion/Direction
6. Hiring Process for Permanent City Attorney [9:30 p.m. -10:00 p.m.]
a. Staff Report
b. Public Comments
c. Council Discussion/Direction
7. CONSENT CALENDAR
All terns on the consent calendar will be considered together by one action of the City Council unless
any Council Member or anyone else interested in a consent calendar item has a question about the item.
b�A. Resolution for Adoption:
2005-23 Supporting Cotati-Rohnert Park Unified School District's Measure "A"
. Approval of the Mayor to send a letter of support to the Sonoma County Board of
Supervisors requiring mandatory sewer connections (re.Cannon Manor Final EIR)
8. Public Comments
For public comment on items not listed on the agenda, or on agenda items if
unable to speak at the scheduled time (limited to 3-5 minutes & a 30 minute total
time limit or allocation of time based on number of speaker cards submitted)
-PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAEING
'SEE NOTE BELOW
ADJOURNMENT
DISABLED ACCQMMODAMN: if you have a disability which requires an interpreter or other person
to assist you while attending this City Council meeting, please contact the City Offices at (707) 588-2227 at
least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please make
sure the City Manager's office is notified as soon as possible if you have a visual impairment requiring
meeting materials to be produced in another format (Braille, audio -tape, etc.)
NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be
considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If
you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving
recognition from the Mayor, please walk to the rostrum and state your name and address for the record.
-PLEASE FILL QUT A SPEAKELt CARD PRIOR TO SPEAKING
Any item raised by a member of the public which is not agendized and may require Council action shall be
automatically referred to staff for investigation and disposition which may include placing on a future
agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the
agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the
matter to determine if it is an emergency item under said Government Code and may take action thereon.
JH4011905 AGENDA-WS-MityCouncH
CITY COUNCIL SPEAKER CARD
Date: 1 - /7-0!i-
Name:
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Name: �
Address: -51-0 - 16 "' SL 14
Phone: /.S —022-- 9 Y69pZ
TOPIC: `
Brief Summary of Comments:
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See Reverse
CITY COUNCIL SPEAKER CARD
Date:
Name: 1 C N+41� MOt,t)i✓�`
Address: Z000CZE CiIJ` PA �-Acf ,SL)tTf400
Phone: SAM PArvl.onl, CA 9g536
(qzs� 5q3 -0,9q0
TOPIC: �i �F� ��L� Cov(esf, (n/7r: t"i w6c—
Brief Summary of Comments:
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C, vl I'-(- Cowl O-C,1,44i n I e ✓e�a,
c, I+ e 4-1 \11C -
See Reverse ->
CITY COUNCIL SPEAKER CARD
Date:
C�L.
Name:
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TOPIC: �- -,f\,�Gj /L kv,.Qy-f
Brief Summary of Comments:
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CITY COUNCIL SPEAKER CARD
Date:
Name:
Address: 15 a 3 q OA NP EL- tAo
Phone: '8(c - '� 11 1
TOPIC:
Brief Summary of Comments:
See Reverse ->
Fa1Z
,SPEGA L M6671ac5 of
TO: Carl Leivo, City Manager Icommm
sem. I_
COPY: City Council tcopy0
- vm Gabrielle Whelan, Interim City Attorney
Steven Donley, Assistant City Manager
PDIVILANNING FROM: Ron Bendorff, Senior Planner
SION
DATE: January 19, 2005
SUBJECT: General Plan Implementation for 2005
The following is an introduction to Staff's upcoming presentation on what the
City Council may expect to see in 2005 regarding implementation of the City's
General Plan. Also attached is an outline of the activities listed below by
projected month.
Specific Plan Area Overview
Northeast Specific Plan. The Final Specific Plan for the Northeast Area is
currently being reviewed and sections of the Administrative Draft
Environmental Impact Report (ADEIR) have been submitted for. City Staff
review. It is expected that the complete ADEIR will be available in March, 2005.
Staff notes that since the Northeast Area is one of three Specific Plans sharing
roughly the same processing track (the other two being the Southeast Area and
the University District, as explained below), there is a need to ensure that the
EIRs for each Specific Plan are consistent with one another. Staff has, therefore,
been meeting with the three EIR consultants to work towards this consistency.
Once the ADEIR has been reviewed, a formal Draft EIR will be prepared and
released for a 45 -day public comment period. 'During this period, a public
session to receive comments on the Draft EIR will be held at a Planning
Commission meeting.
Assuming the 45 -day comment period ends in late May/June, 2005, the Draft
EIR, the Specific Plan and any associated applications (e.g. Development Area
Plan for the initial phase, tentative subdivision map) could conceivably be
reviewed by the Planning Commission and City Council in July/August, 2005.
Given the complexity of the project, a number of meetings will likely be required
for this action. Once the Specific Plan/EIR is approved by Council, the City will
petition the Local Agency Formation Commission (LAFCO) for annexation of
whatever portion of the Specific Plan Area is ready for incorporation. This is
projected to occur sometime in Fall/Winter, 2005-2006. Once LA -FCO has acted
6750 Commerce Blvd., Rohnert Park, CA 94928-2486 - (707)588-2212' FAX: (707)588-2274
7?
Carl Leivo; City_ Manager .-1 / 19/05 Page 2
on the annexation, the Council would formally approve the annexation and the
affected properties would be taken into the City.
Southeast Specific Plan. The Specific Plan for the Southeast Area is currently in
review by Staff and a complete ADEIR has been received from the EIR
consultant. As noted above, Staff has been working with the three EIR
consultants on consistency of the documents and this, along with the large
number of comments received on the ADEIR, may necessitate a second Southeast
Specific Plan ADEIR for Staff to screen. Assuming this can all be accomplished
within the next two months and a Draft EIR prepared and released for public
review, the 45 -day comment period is projected to end in April, 2005. This
would allow Commission/Council review of the Draft EIR, the Specific Plan and
any associated applications in May/June, 2005. As with the above, a number of
meetings will likely be required for this action. Once the Specific Plan/EIR is
approved by Council, the City will petition LAFCO for annexation of the entire
Specific Plan Area. This is projected to occur sometime in the Fall of 2005. Once
LAFCO has acted on the annexation, the Council would formally approve the
annexation and the affected properties would be taken into the City.
University District Specific Plan. The Specific Plan for the University District is
also currently in review by Staff and a complete ADEIR has been received from
the EIR consultant. Again, Staff has been working towards consistency among
the EIR documents and there are also a large number of comments that have
been received on the ADEIR, so preparation of a second Southeast Specific Plan
ADEIR may be prudent. As with the Southeast Plan, this is projected to be
accomplished within the next two months and a Draft EIR is expected to be
released for public review in March, 2005, with the 45 -day comment period
projected to end in April, 2005. This would allow Commission/Council review
of the Draft EIR, the Specific Plan and any associated applications in May/June,
2005. Again, a number of meetings will likely be required for this action. Once
the Specific Plan/EIR is approved by Council, the City will petition LAFCO for
the majority of the Specific Plan Area. This is projected to occur sometime in the
Fall of 2005. Once LAFCO has acted on, the annexation, the Council would
approve the annexation and the affected properties would be taken into the City.
Wilfred-Dowdell Specific Plan. A Draft Specific Plan for the Wilfred=Dowdell
area was prepared in the late -1990s and was reviewed by the Commission and
Council in 1999/2000. A Draft EIR was also prepared for the project. No action
was taken at the time, given the need to revise the project's traffic study to
include new information. In the interim, area property owners expressed a
desire to allow additional flexibility in the Draft Plan to permit a wider range of
development options. Staff subsequently revised the Draft Plan to include such
flexibility.
2
a
Carl Leivo, City Manager —1/19/05 Page 3
Given the need to further analyze environmental factors not completely covered
in the prior EIR (e.g. wetlands, potential California Tiger Salamander habitat);
Staff has contracted for a Supplemental EIR to be completed prior to
reconsideration of the Draft Plan. Staff anticipates an Administrative Draft of the
Supplemental EIR within the next two months, with a Draft for public review
likely to be available in May, 2005, commencing the 45 -day comment. period.
This would allow Commission/Council review of the Draft Supplemental EIR
and the Specific Plan and any associated applications in July/August, 2005.
Once the Specific Plan/SEIR is approved by Council, the City will petition
LAFCO for annexation of the Specific Plan Area. This is projected to occur
sometime in the Fall of 2005. Once LAFCO has acted on the annexation, the
Council would approve the annexation and the affected properties would be
taken into the City.
Northwest Specific Plan. A Draft Specific Plan was recently received for the
Northwest Specific Plan Area and review is underway. A potential EIR
consultant has been contacted and a proposal is expected within the next week or
so. It is estimated that it will take at least six months for an ADEIR to be
prepared, so the soonest a public review Draft EIR could be released is Fall, 2005.
This means that it is fairly unlikely that the City Council will take action on this
Specific Plan in 2005.
Other Development Areas
Stadium Lands. This area is not within a Specific Plan area, but is being
processed as a Planned Development. A Preliminary Plan has been reviewed
and comments provided, and Staff awaits a Final Draft Plan from the
proponents. Once received, an ETR consultant will be selected and that work
shall commence. Again, it generally takes six months or so for an ADEIR to be
completed, so it is likely that a public review Draft EIR would not be released
until August/ September, 2005. This means that the soonest the Council could
see this project would be Winter, 2005/2006.
Agilent Property. This approximately 160 -acre site is also not within a Specific
Plan area, and it is partially developed with the now -closed Agilent Technologies
campus. There are approximately 77 acres which have not been developed that
are currently designated for Industrial use. Given the difficulty in locating a
suitable user for the existing campus, it is conceivable that other uses may be
proposed for this property which will be brought before the City Council for
consideration this year. The level. of project and environmental review and
timing for such a project will be determined at the time it is proposed.
3
Carl Leivo, City Manager —1/19/05 Page 4 K
Growth Management Program
The Growth Management Program limits the City's growth rate to an annual
average of one percent, which equates to roughly 225 new residential units per
year. Once that maximum rate is reached, a trigger cap may be put in place to
slow growth accordingly. Staff notes that affordable units are not subject to the
growth rate restriction.
Since 2001, the City has issued building permits for only 294 units that would be
subject to the Growth Management Program, so the trigger cap is not likely to be
imposed in the near future. Once the Specific Plans are approved and
construction commences, developers will be competing for the available building
permit allocations and this will result in the trigger cap being implemented.
Recognizing this, the Planning Commission considered unit allocation scenarios
for the Specific Plan Areas in Spring 2004 and made a recommendation on same
to the City Council. The need to prepare infrastructure studies for water, sewer,
and storm sewer facilities and the subsequent Water Supply Assessment have
delayed any Council action on the scenarios, however. It is expected that this
item will be revisited in 2005 and the Council may be asked to approve a unit
allocation program for future growth.
General Plan Update
Since adoption of the City's General Plan in 2000, a significant amount of new
information has been made available which is more up-to-date than what is in
the present General Plan (e.g. a Water Supply Analysis, traffic information that
incorporates the updated County traffic model, specific designs for future
growth areas.) Given this, it is desirable to update the General Plan to
incorporate this new information and present a timelier picture of the City and
its potential development.
Attachment
4
LIZ
OUTLINE OF PROJECTED ACTIVITIES BY MONTH -2005
FSS
P
TE R1 AN,
ADEIR review
DEIR available/45-day
Final
0,,
074h
LAFCO
776
review period
EIR
P_
M
review
available
i,- 4-M-faW.,
ADEIR review
DEIR available/
Final EIR
7mm
LAFCO
%pq
45 -day review
available
gn SP
�a �p
review
ies
period
N,
IV.-
ADEIR review
DEIR available/
45 -day review
Final EIR
available
t_�
2
LAFCO
review
ic"661� "P., """
ic
:4ng Xef,;N,
period
Z W
laj
Wilfred
ADEIR review
DEIR available
Final
C uh 944
Q'4
LAFCO
45 -day review period
EIR
r-RP'taxees
o
mp
review
available
ms�pmq
72'
w
ADEIR review
DEIR available 45
Final EIR
day review period
available
ADEIR review
DEIR available/45-
Final
& 1617 "A "4
"4
ands
day review period
EIR
available
4 1i
CITY OF ROHNERT PARK
FINANCIAL PERFORMANCE
FISCAL YE
2004 RESULTS
♦ REVENUES:
$195K > BUDGET
♦ EXPENDITURES: $523K < BUDGET
♦ RESERVES: $1.5M < BUDGET
Note: Reserves include the sale of certain surplus
property which did not take place
24
20
16
12
TOTAL REVENUE
REVENUES
STRONG PERFORMERS:
Property Tax
1:�
$185K
or 8%
Sales Tax
$205K
or 3%
Franchise Fees
Q
$127K
or 13%
> Building Permits/
Plan Check Fees
12-
$445K
or 119%
GP Maint. Fee
1::i
$275K
or 866%
P
2,800,000
2,400,000
2,000,000
1,600,000
1,200,00(
800,00
400, Oa
PROPERTY TAX
2,800,000
2,400,000
2,000,000
1,600,000
,200,000
00,000
)0,000
The 2003-04 assessed value is $3.1 Billion, an increase
of 7.46% over the prior year
A
F,
,•. • I 'ULM
.:. i
bx,'{¢"a' •��b��L�y Ate.. �..
.Y• .h� ?.ye i::rX' „t -,( *'?!!.'S'.d`r v• �� � ` °'>='•• v'Fr`�w!x.:...: i�. `' ._
^9'r': :��'i!•Y•�. 4`''d. •<I$J.a• �J"'.�,^y. '. N°'• .:}'.•°7w
'•° K � �' �^ ° c s� a'"• .' fir• a,.. w;U'x•�� a� . �' ' F6e"' �. ;wY 4 J. ... f .. w'§y .r. .:'• t�, p'i"}, ��,
�..: t i;X' l'.'�•�Y�;M � f.` .v:; .y. •5 ��., 4jj. "''°E; V :, .-`}�i��,y.�.:"'. �y-i.� rtx . J;.>'`• ',1,s .:k,„; ., �'.
r.:6;%� i < '`t. 'p,�. �? �';4i:dva,°.•�•x.�.i. . y! �;s�.:tt i":`N..",aye.-Q.'.rio�a r
�a.„ ;
,g ,�+,�'y',,• 9.� �.
'xS +�;+�'�:e*' i�.§ •.'� "1:.;+;.
.6.. .S Y.. "S.. i;. ..:hpr Q'q' �,F' 1yy'. •��,.•e.°.id .i'.'Y o'a;, ') .h y,
'Y3'� �' �' i=.:.ti R ".Y.,,.j'�.;.F,i�50 +. i.5'� 3'L 'C-"� •q.. ' ''�: i..!},q.; y :.. �. is,.;
.. �t aia.�"x"":Amr«yk �tsy °j�'-%F'e .�:�" •*'raF. x'. .0^'dy
..yf•y'..d'ta...... : .%:i.e'>• i.i •w
240
200
157.32
160
120
80
40
A
01F
5-75'WALES TAX PER CAPITA BY
CATEGORY
2.29.09
169.68
153.88
177.47 184,61
204.13
0
OR,
c4v
9 MISCELLANEOUS
rg
TRANSPORTATION
BUSINESS TO
BUSINESS
FOOD PRODUCTS
CONSTRUCTION
lR
GENERAL RETAIL
TOP TEN SALES TAX
PRODUCERS
WAL MART
OFFICE DEPOT
w FOOD MAXX
COSTCO
w W.W. GRAINGER
� HOME DEPOT
� CHEVRON
� TARGET
w YARDBIRDS
w MCPHAIL'S
FRANCHISE FEES
400,000 368,461
350,000 3
250,000-
200,000
50,000-
200,000
150,000
100,000
50,000
n
PG&E
27
340,895
CABLE TV
387,600, 395,420
REFUSE
k BUDGET
ACTUAL
REVENUES
WEAK PERFORMERS:
TOT ' J.
Interest Earnings Jj
Golf Course Rent Z.
MVLF a
Recreation Income G
PAC Revenue z
$133K or
9%
$ 91K
or
9%
$122K
or
24%
$432K
or
18%
$128K
or
10%
$269K
or
33%
TRANSIENT OCCUPANCY TAX
115201000 1,500,000
1,440,000
1,367,259
113601000-z- 1 r��T�
BUDGET ACTUAL
❑ Best Western
❑ Budget Inn
❑ Doubletree
❑ Good Nite Inn
❑ Motel 6
❑ Ramada
INTEREST RATES
7.0%
6.0%
r
,
o
4.0%
-■- Portfolio Yield
3.0 /o
7 ti b .?Sr
q :. t kF •.
2.0%
777,77,
2903-94
o
1.0%
�
$1.1M Loss
Budgeted $1M
Earned $909K
0.0 %
2001 2002 2003 2004
600,000
500,000
400,000
300,000
200,000
100,000
0
GOLF COURSE RENT
200,000
9n
3
2002
100,000
200,000
42,822
2003
517,000
BUDGET
ACTUAL
MVLF
700
633.50 627.70
600
500 473.80
400 j Loss from
MVLF Backfill
300 about $500K
206.70
200
100
1st 2nd 3rd 4th
Qtr Qtr Qtr Qtr
RECREATION
1800
59 01
450,000
1600
1400-1,420
1200
350,000-----183,09
:��<
1000-
24,080
800
_,z
921--
600-
200,000
400-
346
200
46,000
i00,000 -z,50,000
9
0
-x,
�1
�,� �,°' oo p'�
off, a'ti ��`
N9
N9 N( ry0 ry0
r10 r10 r10
�- Softball
Camp Expense
Basketball
-7�i— Volleyball
59 01
450,000
400,000
350,000-----183,09
300,000
24,080
250,000
_,z
200,000
150,000->65,74
46,000
i00,000 -z,50,000
-x,
0
Camp Revenue
Camp Expense
❑ Actual
11 Budget
SWIM ATTENDANCE
8,000-
7,000 ,
6,329
6,000
638oor
'
5,000-
4,000—
3,165 2,913 2,972 2,632 846
3,000
2,000-
2,311
1,000 1,966
0-
1997 1998 1999 2000 2001 2002 2003 2004
--0- LAP SWIM
SWIM SCHOOL
PUBLIC SWIM
45,000
39,097
40,000
35,305
35,000
30,000
259000
299795
20,00024,04-3
15,000
10,000
5,000
0
8,000-
7,000 ,
6,329
6,000
638oor
'
5,000-
4,000—
3,165 2,913 2,972 2,632 846
3,000
2,000-
2,311
1,000 1,966
0-
1997 1998 1999 2000 2001 2002 2003 2004
--0- LAP SWIM
SWIM SCHOOL
PERFORMING ARTS CENTER
REVENUE
❑ Actu a I
❑ Bud et
900,000
800,000
700,000
600,000
500,000
400,000
300,000
200,000
100,000
n
8059300
'
RECREATION CONTRIBUTIONS
_ __,
Sports i
_.�;.,.__ _____._..
Center
;RRecreation Comm Centersz�
_.__.. ___
Pools Progra�ms'] Rentals ?
Senior }
CenterNan ?
Performing j __,__m,___..,.____
Arts Center Totals
S
Revenues
$408,176
$225,823 ; $250,460
$85,608
$52,703
536,040 $1,558,810
Expenditures
415,090
.
296,309 ( 193,776 ,
124,447
,___ .,"__..m.._.
148980 1
.�..
788,318�, 966,920
Before
�jAdmin,
allocation
Admin allocation
($6,914
$70,486 3 i $56,684
) i
( $38,839 `,...
277)
($252,278) ($408,110)]
_.
,_ . __ ..
__�$96
Allocation of Rec
�
_
Administration
47,866 (
58,912 147,281
33,138 j
40,502
WA 327,701
iCity Subsidy After
Admin. allocation
($54,780), E
($129,398); ($90� ,597)t($71,977)�
($136,779)
($252,278) ($735,811);
TOTAL EXPENDITURES
24
20
16
1;
EXPENDITURES BY DEPARTMENT
GEN GOVT PUBLIC SAFETY PUBLIC WORKS PARKS & REC
IM BUDGET
JW ACTUAL
EXPENDITURES BY TYPE
SALARY AND BENEFITS:
OPERATING EXPENSES:
CAPITAL PROJECTS/
EQUIPMENT:
72%
20%
i�•
25.0
20.0
15.0
10.0
5.0
0.0
PERS RATES
MISCELLANEOUS
-0- PUBLIC SAFETY
$143 K 22.1)
r>
,.1
., $142 K
X8.6 7.0
1$530KI
2.2 $116 K 1.4
p 0 0.0 0.0
8.6
1998 1999 2000 2001 2002 2003 2004 2005 2006
Total PERS increases since 2002:
PS $1.2M MISC $788K
0
REVENUE/EXPENSE
NON -OPERATIONS
Received $540,000 from Empire Waste
Management for lawsuit settlement.
Received $3,265,157 from the sale of
surplus property.
Requested PERS include the cost of the
"Golden Handshake i
than pay lump sum
SURPLUS PROPERTY
SOLD DURING 2003-04
PROPERTY BUDGETED SOLD
Wine Center $2,100,000 $2,118570 (i)
Stadium Lands
SW Blvd Fire Station
(2) Vacant Parcels
Library
$2,100,000
$2,000,000
$1,000,000
Budgeted in
2002-03
(1) $250,000 deposit for Wine Center receive(
(2) Sold only one vacant parcel - Santa Dorot
To be sold
in 2004-05
Not sold
$ 279,476 (z)
$1,117,111
12
1a
RESERVE BALANCES
1UU4
SPECIAL RESERVES
JERAL FUND
RESERVES
TOTAL RESERVE BALANCE AT 6/30/04: $14.8M
THIS EQUALS 58% OF TOTAL GENERAL FUND
EXPENDITURES.
THUS, IF THERE WAS A CATASTROPHIC EVENT,
THE CITY COULD SURVIVE FINANCIALLY FOR
ABOUT SEVEN MONTHS.
i
CITY OF ROHNERT PARK
PROJECTED RESERVES
FY 2004-05
Notes:
(1) Proceeds from sale of wine center
(2) Transfer excess GF Reserve to Retired Employee Health Insurance reserve
(3) Cost of severance package
(4) Estimated refund from REMIF
(5) Transfer to General Fund to pay for self-insured losses (25% of premiums &deductible billings)
(6) Yearly principal payment from CDC for Theatre (PAC) loan
(7) Transfer from GF Endowment Reserve to Retiree Medical to fully fund annual contribution
(8) Transfer from GF Endowment Reserve to Retiree Medical for required annual contribution
(9) Transfer to General Fund to cover increased PERs costs
(10) Transfer from General Fund to fund 25% of enhanced retirements plans for Public Safety and Miscellaneous
(11) Transfer to General Fund to fund replacement of two patrol vehicles
(12) Transfer to General Fund to cover 2004-05 cost of retiree medical
(13) Playground Fall Material Replacement Project
(14) Transfer to Capital Projects Fund for relocation of public safety radio central transmitter (SW Station)
(15) Transfer from General Fund for the sale of surplus property
(16) Transfer to Wetlands Mitigation Project
(17) Transfer from General Fund surplus 2003-04
-12-
6/30/03
Additions
Est 6/30/04
Additions
Est 6/30/05
Balance
(Deletions)
Balance
(Deletions)
Balance
General Fund Reserve
$1,388,993
1,868,570
(1)
$2,767,563
2,767,563
(490,000)
(2)
(10% of net GF
(10% of net GF
expenditures)
expenditures)
Special Reserves:
General Fund Endowment Reserve
4,537,276
(66,616)
(3)
4,147,095
(800,000)
(8)
10,839,233
(310,000)
(7)
7,492,138
(15)
(13,565)
(16)
Infrastructure Reserve
0
509,587
(17)
509,587
509,587
Capital Replacement Reserve
704,789
640,000
(17)
1,338,925
(86,000)
(11)
1,202,925
(5,864)
(14)
(50,000)
(14)
Self Insured Losses:
Property & Liability
123,694
-133,318
(4)
588,570
50,000
(4)
510,770
(118,442)
(5)
(127,800)
(5)
450,000
(17)
Worker's Compensation
401,957
(174,063)
(5)
727,894
(210,500)
(5)
517,394
500,000
(17)
Retired Employee Health Ins.
2,067,500
490,000
(2)
2,867,500
800,000
(8)
2,967,500
310,000
(7)
(700,000)
(12)
Active Employee Health Ins.
0
0
Reserve for Housing Programs
177„399
177,399
177,399
Miscellaneous Reserve
(From CDC Theatre (P.A.C.)Pmts)
115,000
45,000
(6)
160,000
50,000
(6)
210,000
Reserve for Dev. of Addit. Rec Facilities
153,771
153,771
(137,336)
(13)
16,435
Reserve for Purchase of Video Equipment
70,000
70,000
70,000
Reserve for Retirement Costs
Miscellaneous
697,922
697,92.2
(697,922)
(9)
350,000
350,000
(10)
Safety
267,525
267,525
(267,525)
(9)
0
Total Special Reserves
$9,316,833
$2,389,355
$11,706,188
$5,665,055
$17,371,243
TOTAL ALL RESERVES
$10,705,826
$3,767,925
$14,473,751
$5,665,055
$20,138,806
Notes:
(1) Proceeds from sale of wine center
(2) Transfer excess GF Reserve to Retired Employee Health Insurance reserve
(3) Cost of severance package
(4) Estimated refund from REMIF
(5) Transfer to General Fund to pay for self-insured losses (25% of premiums &deductible billings)
(6) Yearly principal payment from CDC for Theatre (PAC) loan
(7) Transfer from GF Endowment Reserve to Retiree Medical to fully fund annual contribution
(8) Transfer from GF Endowment Reserve to Retiree Medical for required annual contribution
(9) Transfer to General Fund to cover increased PERs costs
(10) Transfer from General Fund to fund 25% of enhanced retirements plans for Public Safety and Miscellaneous
(11) Transfer to General Fund to fund replacement of two patrol vehicles
(12) Transfer to General Fund to cover 2004-05 cost of retiree medical
(13) Playground Fall Material Replacement Project
(14) Transfer to Capital Projects Fund for relocation of public safety radio central transmitter (SW Station)
(15) Transfer from General Fund for the sale of surplus property
(16) Transfer to Wetlands Mitigation Project
(17) Transfer from General Fund surplus 2003-04
-12-
0
CITY OF ROHNERT PARK -JUNE 30, 2004 EXPENDITURE REPORT
$FAV (UNFAV)
CATEGORY/DEPARTMENT
2003-04
6/30/2004
100% OF
100% OF
100% OF
BUDGET
BALANCE
BUDGET
BUDGET
BUDGET
COMMENTS
GENERAL GOVERNMENT
City Council
$94,039
$88,273
93.87%
$94,039
$5,766
City Manager
485,674
530,801
109.29%
485,674
(45,127)
Salaries, overtime and travel over budget
Finance & Accounting
933,740
930,085
99.61%
933,740
3,655
Data Processing
381,946
376,406
98.55%
381,946
5,540
Legal Services
169,486
313,908
185.21%
169,486
(144,422)
Contractual legal expense
Planning Dept. & Comm.
283,431
203,685
71.86%
283;431
79,746
Salaries, contracutal and professional expenses
under budges
Personnel
196,206
281,206
143.32%
196,206
(85,000)
Recruitment and contract services over budget
Rent Appeals Board
50,884
23,866
46.90%
50,884
27,018
City Office Building
439,820
444,977
101.17%
439,820
(5,157)
City Office Annex
72,700
51,908
71.40%
72,700
20,792
General Gov't -Non Dept.
2,175,565
1,623,836
74.64%
2,175;565
551,729
Golden Handshake built into PERS rates
Retired Empl. Benefits
625,968
626,665
100.11%
625,968
(697)'
Non -Department Leases
280,317
-----------
237,068
84.57%
280,317
43,249
Fire Engine purchased, not leased
TOTAL GENERAL GOVT
$6,189,776
-----------
$5,732,685
------
92.62%
------------
$6,189,776
------------
$457,092
PUBLIC SAFETY ,
Public Safety Personnel
$10,837,777
$11,030,208
101.78%
'$10,837,777
($192,431)
Overtime in excess of savings from being under
full staff
Police Protection
930,476
$872,164
93.73%
930,476
58,312
Fire Protection
517,100
590,492
114.19%
517,100
(73,392)
Fire Engine higher than budgeted amount
Animal Control.
315,640
256,174
81.16%
315,640
59,466
Salaries and special department supplies under
budget
Animal Shelter
130,400
50,074
38.40%
130,400
80,326
Animal shelter facility improvements postponed
to 2004-05
Public Safety Bldg -SW
13,400
729
5.44%
13,400
12.,671
Non -routine facility maintenance $10K, not done
Public Safety Bldg -Main
312,959
278,328
88.93%
312,959
34,631
Building expense less than budget
Public Safety Bldg -North
22,700
31,835
140.24%
22,700
(9,135)
UST cleanup not budgeted
Public Safety Bldg -South
11,900
8,359
70.24%
11,900
3,541
Civil Defense/Haz Mat
16,800
3,060
18.22%
16,800
13,740
Training and special department supplies under
budget
Youth & Family Services
112,432
-----------
112,654
-----------
100.20%
------
112,432
------------
(222)
TOTAL PUBLIC SAFETY
$13,221,584
-----------
$13,234,078
-----------
100.09%
------
$13,221,584
------------
------------
($12,494)
------------
CITY OF ROHNERT PARK -JUNE 30, 2004 EXPENDITURE REPORT
$FAV (UNFAV)
CATEGORY/DEPARTMENT
2003-04
6/30/2004
100% OF
100% OF
100% OF
BUDGET
BALANCE
BUDGET
BUDGET
BUDGET
COMMENTS
PUBLIC WORKS
City Engineer
$348,995
$384,217
110.09%
$348,995
($35,222)
W&K Engineering Services over budget
Building Department
273,442
364,942
133.46%
273,442
(91,500)
Outside Plan Check fees over budget .
General
1,428,408
1,427,717
99.95%
1,428,408
691
Maint. of Trees & Parkways
150,700
103,826
68.90%
150,700
46,874
Landscape expense under budget
Maintenance of Streets
88,000
55,107
62.62%
88.,000
32,893
Landscape expense under budget
Street Lighting
231,100
232,600
100.65%
231,100
(1,500)
Traffic Signals
100,000
83,305
83.30%
100,000
16,695
Storm -Drains & Drainage
100,200
9,752
9.73%
100,200
90,448
Reclassed storm drain engineering fees to capital project
Weed Abatement
2,000
2,413
120.64%
2,000
(413)
TOTAL PUBLIC WORKS
-----------
$2,722,845
-----------
-----------
$2,663,878
-----------
------
97.83%
------
------------
$2,722,845
------------
------------
$58,967
------------
PARKS AND RECREATION
"
Park Maintenance General
$585,298
$438,583
74.93%
$585,298
$146,715
Salary & benefits under budget
Alicia Park
26,700
21,552
80.72%
26,700
5,148
Benecia Park
32,000
33,613
105.04%
32,000
(1,613)
Caterpillar Park
5,200
3,606
69.35%
5,200
1,594
Colegio Park Area
17;400
10,659
61.26%
17,400
6,741
Dorotea Park
21,900
18,699
85.38%
21,900
3,201
Eagle Park
28,100
22,487
80.03%
28,100
5,613
Golis Park
27,500
31,332
113.93%
27,500
(3,832)
Honeybee Park
22,400
16,990
75.85%
22,400
5,410
Ladybug Park Area
16,500
23,160
140.36%
16,500
(6,660)
Sunrise Park
43,500
32,185
73.99%
43,500
11,315
Magnolia Park
51,300
-49,148
95.81%
51,300
2,152
Roberts Lake Park
19,500
7,483
38.37%
19,500
12,017
-
Rainbow Park
12,100
10,155
83.93%
12,100
1,945
Recreation Commission
1,045
368
35.21%
1,045
677
Recreation Administration
304,526
368,203
120.91%
304,526
(63,677)
Salary & benefits budgeted in Rec Programs for one position
Contract Classes
70,000
88,368
126.24%
70,000
(18,368)
Contractual expense over budget
Recreation Programs
432,707
193,776
44.78%
432,707
238,931
Part-time salaries and and supplies less than budget
Senior Citizen Center
237,067
146,551
61.82%
237,067
90,516
Staff reduced by one full-time position
Senior Citizen Mini -Bus
4,500
2,429
53.98%
4,500
2,071
R.P. Community Stadium
6,000
8,556
142.61%
6,000
(2,556)
PG&E higher than budget
Alicia Pool
50,300
41,006
81.52%
50,300
9,294
CITY OF ROHNERT PARK -JUNE 30, 2004 EXPENDITURE REPORT-
$FAV(UNFAV)
CATEGORY/DEPARTMENT
2003-04
6/30/2004
100% OF
100% OF
100% OF
BUDGET
BALANCE
BUDGET
BUDGET
BUDGET
COMMENTS
Benecia Pool
49,400
52,448
106.17%
49,400
(3,048)
Ladybug Pool
37.,600
32,710
87.00%
37,600
4,890
Honeybee Pool
114,280
121,857
106.63%
114,280
(7,577)
Magnolia Pool
42,500
48,288
113.62%
42,500
(5,788)
Sports Center
377,241
415,09.0
110.03%
377,241
(37.,849)
Salary and benefits over budget
Comm. Center Complex Gr.
44,000
34,769
79.02%
44,000
9,231
Teen Center -
0
1,179
0.00%
0
(1,179)
PG&E not budgeted
R.P. Community Center
158,100
124,447
78.71%
158,100
33,653.
PG&E and facility maintenance under budget
Burton Avenue Rec. Center
28,550
24,067
84.30%
28,550
4,483
Benecia Youth Center
1,000
4,252
425.16%
1,000
(3,252)
Ladybug Recreation Bldg.
16,900
3,519
20.82%
16,900
13,381
Scout Hut
900
205
22.72%
900
696
Library
3,500
9,477
270.79%
3,500
(5,977)
Landscape maintenance over budget
School Grounds
2,500
-----------
4,336
-----------
173.42%
------
2,500
------------
(1,836)
------------
TOTAL PARKS AND REC.
$2,892,014
-----------
$2,445,554
-----------
84.56%
------
$2,892,014
------------
$446,460
------------
OTHER
Golf Course General
$0
$100
N/A
$0
($100)
Cultural Arts
0
0
N/A
$0
$0
Performing Arts Center
852,855
788,318
92.43%
852,855
64, 537.__P/T
salaries, supplies, production and sign commission under
Booking Fees/County
160,000
154,846
96.78%
16.0,000
5,154
Prop Tax Admin `Fee/County
50,000
41,194
82.39%
50,000
8,806
Sexual Assault Exams
20,000
12,838
64.19%
20,000
7,162
TOTAL OTHER
-----------
$1,082,855.
-----------
$997,296
------
92.10%
------------
$1,082,855
------------
$85,559
TOTAL GF EXPENDITURES
$26,109,074
------------
------------
$25,073,490
------------
------------
96.03%
------
------
$26,109,074
------------
------------
$1,035,584
------------
------------
CITY OF ROHNERT PARK- JUNE 30, 2004 REVENUE REPORT
.$FAV(UNFAV)
2003-04 6/30/2004 100% OF 100% OF 100% OF
REVENUES BUDGET BALANCE BUDGET BUDGET BUDGET COMMENTS
Property Taxes
Property Taxes -Secured
Property Taxes -Unsecured
H.O.P.T.R.
Total Property Taxes
Other Taxes
Real Property Transfer Tax
Transient -Occupancy Tax
Sales and Use Tax
Franchises
P.G. & E.
Century Cable TV
Refuse Franchise Fee
Total Other Taxes
Licenses and Permits
Business Licenses
Animal Licenses
Building Permits
Plan Check Fees
Total License & Permits
Fines, Forfeits & Penalties
Vehicle Code Fines
Parking Fines
Impound Fees
Other Court Fines
Total Fines, Forfeits & Pen
$2,142,250
$2,295,714
107.16% $2,142,250
-$153,464
140,000
170,188
121.56% 140,000.
30,188
50,000
------------
52,023
-----------
104.05% 50,000
-------
2,023
$2,332,250
------------
$2,517,925
-----------
----------
107.96% $2,332,250
------- ----------
----------
$185,675
----------
$150,000
$265,430 176.95%
$150,000
1;500,.000
11367,259 91.15%
1,500,000
6,630,000
6,834,709 103.09%
6,630,000
Property tax increased 3% over prior year
$115,430 Transfer tax not reduced until 9/25/03
(132,741) Economic recovery did not occur as anticipated
204,709 Costco sales higher than anticipated.
320,000
368,461
115.14%
320,000
48,461
270,000
340,895
126.26%
270,000
70,895
387,600
------------
476,046
------------
122.82%
-------
387,600
----------
88,.446
$9,.257,600
------------
$9,652,800
-----------
104.27%
-------
$9,257,600
----------
----------
$395,200
----------
$495,000
$504,290
101.88%
495,000
$9,290
50,000
43,185
86.37%
$50,000
(6,815)
248,000
590,642
238.16%
248,000
342,642
125,000
------------
318,768
-----------
255.01%
-------
125,000
193,768
$918,000
------------
$1,456,885
-----------
158.70%
-------
----------
$918,000
----------
----------
.$538,885
----------
$90,000
$77,043
85.60%
$90,000
($12,957)
70,000
67,860
96.94%
70,000
(2,140)
18,000
13,460
74.78%
18,000
(4,540)
10,000
------------
16,188
-----------
161.88%
10,000
6,188
$188,000
------------
$174,551
-----------
-------
92.85%
-------
----------
$188,000
----------
----------
($13,449)
----------
Building activity higher than anticipated
Building activity higher than anticipated
CITY OF ROHNERT PARK - JUNE 30, 2004 REVENUE REPORT
$FAV(UNFAV)
2003-04 6/30/2004 100% OF 100% OF 100% OF
REVENUES BUDGET BALANCE BUDGET BUDGET BUDGET CONVENTS
Revenue Fr Use Of Money & Prop.
Investment Earnings
Rent -Golf Courses
Rent -Stadium
Rent -Channel 22 Lot Rental
Rent -Billboard Land Lease
Rent -Land North of Big 4/YMC
Lease -Main Station Cell Towe
CDC Land Lease(3 Buildings)
Rent -Royal Coach Chevron
YMCA Building Lease
Rent-Alernative Educ. School
Rent -Rebuilding Together .
Lease -Wellness Center
Total Rev Use of Money & Prop.
Revenue.from Other Agencies
State Motor Vehicle In Lieu
Off Highway MV License Fee
Public Safety Aug Fund
Grants -General Fund
Misc. Other Revenues
P.O..S.T. Reimbursements
SB 90 Mandated Costs
Total Rev Other Agencies
Charges for Current Services
Zoning & Subdivision Fees
General Plan Maintenance Fee
Sale of Maps and Lists
Spec. Public Safety Svcs.
Fire Inspection Fee
Vehicle Abatement Revenue
.$1,000,000
$909,342
90.93%
$1.,000,0.00
($90,658)
Bonds called and interest rates still low
517,000
395,400
76.48%
517,000
(121,600)
Courseco projections not met
15,000
(1,400)
-9.33%
15,000
(16,400)
Crushers left stadium
18,672
18,840
100.90%
18,672
168
10,847
7,101
65.47%
1.0,847
(3,746)
4,937
4,398
89.08%
4,937
(539)
16,646
16,888
101,4.5%
16,646
242
210,000
210,0o-0.
100.00%
210,000:
0
5,808
7,937
136.66%
5,808
2,129
300
450
150.00%
- 300
150
2,652
2,717
102.45%
2,652
65
0
1,030
100.00%
0
1,030
1371856
------------
140,412
-----------
101.85%
137,856
2,556
$1,939,718
$1,713,115
-------
88.32%
----------
$1,939,718
----------
($226,603)
------------
-----.------
-------
----------
----------
$2,400,000
$1,968,325
82.01%
$2,400,000
($431,675)
Lost backfill for three months
1,000_
1,393
139.30%
1,.000
393
200,000
207,937
103.97%
200,000
7,937
112,000
98,020
87.52%
112,000
(13,980)
0
113,529
n/a
0
113,529
Booking fees not budgeted
40,000
19,253
48.13%
40,000
(20,747)
0
------------
(9,000)
-----------
n/a
-------
0
----------
(9,000)
----------
SB90 Claims payments deferred
$2,753,000
------------
$2,399,457
-----------
87.16%
-------
$2,753,000
----------
($353,543)
----------
$50,000
$29,335
58.6.7%
$50,000
($20,665)
36,000
311,763
866.01%
36,000
- 275,763
Planning activity higher than anticipated
1,200
1,746
145.50%
1,200
546
35,000
41,830
119.51%
35,000
6,830
35,000
30,960
88.46%
35,000
(4,040)
55,000
18,932
34.42%
55,000
(36,068)
Allocation on hold until prior funding spent
CITY OF ROHNERT PARK - JUNE 30, 2004 REVENUE REPORT
TOTAL GF REVENUE W/O NON-RTN FAC MAINT
AND SALE OF LAND/BUILDINGS $19,997,645 $20,813,753 104.08.% $19,997,645 $816;108
$FAV(UNFAV)
2003-04
6/30/2004
100% OF
100% OF
100% OF
REVENUES
BUDGET
BALANCE
BUDGET
BUDGET
BUDGET
COMMENTS
Animal Shelter Fees
60,000
.55,304
92.17%
60,000
(4,696)
Engineering
20,000
65,927
329.64%
20,000
45,927
Weed Abatement
2,000
------------
(261)
-----------
-13.05%
2,000
(2,261)
Sub-Total Chgs. For Curr Svc.
$294,200
$555,536
-------
188.83%
----------
$294,200
----------
$261,336
Recreation Related Income
Sports Center Income
$446,400
$408,176
91.44%
446,400
($38,224)
Adults sport/leagues and open gym activity lower than budg(
Swimming Pools
218,500
225,823
103.35%
218,500
7,323
Special Contract Classes
165,000
144,763
87.74%
165,000
(20,237)
Contract class attendance lower than expected'
Teen Center
0
1,236
n/a
0
1,236
R.P. Community Cntr Rentals
87,000
85,608
98.40%
87,000
(1,392)
Burton Ave Cntr Rentals
17,000
11,743
69.08%
17,000
(5,257)
Benecia Youth Center
0
0
-0.00%
0
0
Ladybug Rec Building
1,000
801
80.10%
1,000
(199)
Recreation Programs
322,016
250,460
77.78%
322,016
(71,556)
After school and summer camp attendance lower than budget
Senior Center
52,261
52,703
100.85%
52,261
442
Total Recreation Income
------------
$1,309,177
-----------
$1,181,313
-------
90.23%
----------
$1,309,177
----------
($127,864)
Performing Arts Center
805,300
$536,040
66.56%
$805,300
($269,260)
Admission, rentals and sign revenue lower than expected
Assess. District Admin
0
0
0.00%
0
0
Library Landscape Maint.
1,600
------------
9,865
-----------
616.56%
1,600
8,265
Total Charges Current.Svcs.
$2,410,277
$2,282,754
-------
94.71°%
----------
$2,410,277
-----'----
($127,523)
Misc Income/Donations
------------
$198,800
-----------
$616,266
-------
309.99%
----------
$198,800
----------
$417,466
Sale of Land/Buildings
$7,100,000
3,269,170
46.04%
$7,100,000
($3,830,830)
Not all surplus property budgeted was sold
TOTAL GF REVENUES
------------
$27,097,645
------------
------------
-----------
$24,082,923
-----------
-----------
-------
88.87%
-------
-------
----------
$27;097,645
----------
----------
----------
($3,014,722)
----------
----------
TOTAL GF REVENUE W/O NON-RTN FAC MAINT
AND SALE OF LAND/BUILDINGS $19,997,645 $20,813,753 104.08.% $19,997,645 $816;108
16RIllew&n rWivewII:
III
`r'n
OVERVIEW
■ Study objectives
■ Rate history
■ Fund finances
■ Key findings
■ Rate recommendations
■ Local rate survey.
■ Next Steps
2
BARTLE ASSOCIATES
■ Independent financial consulting firm specializing in
water and wastewater rates and financing
■ Over 1,000 financing plans, over 300 water and
wastewater rate studies
■ Charter member: National Association of Public
Finance Advisors
■ 40 years of experience with California water and
wastewater agencies
■ Extensive experience with Bay Area communities
3
Y`
OBJECTIVES
■ Independent analysis of water and wastewater rates and
finances
■ Develop long-term cash flow projections and determine
operating & capital revenue requirements
■ Recommend rates that recover cost of service
■ Meet projected debt service coverage covenants
■ Improve long-term financial health
■ Minimize annual impact on ratepayers to extent possible
■ Be fair and equitable to City customers
El
RATE HISTORY
■ Water and Wastewater Rates were last increased in
FY 2002.
■ No inflationary increases or increases to costs of
water supply, electricity, benefits, or increases to
costs from Santa Rosa have been passed on to
customers during the past 2 years.
Current rates do not recover cost of
providing service
5
Y
f
DURING THE PAST 2 YEARS
■ City has increased use of higher cost SCWA
surface water.
■ The Santa Rosa Geysers Disposal costs have
finally hit the WW Enterprise
■ The City has increased enterprise staffing levels
■ The cost of benefits has increased dramatically.
0
KEY FINDINGS
■ Rohnert Park has drawn down reserves to
minimum levels
■ City must raise rates to meet current operating
costs and to meet projected financing costs
■ We will be able to soften the impact if Council
adopts a multiple year phase-in of rates
Rate adjustments are needed
immediately.
7
e
��
WASTEWATER
Table 1
City of Rolmert Park
Sewer Enterprise Revenue. Program
Financing Plan for Parallel Line Sewer Project, 51,5 million in on-going Sewer CIP and assuming No Recycled Water Expansion
Non-operating Revenues
Actual
Eslimntcd
Actual
Estimnlcd
EStirrinted
Prnjrrtrd
Sonoma State
s
FYOI-112
FY02-03
FV113-M
FW4-115
FYOS-06
FY06-07
FV07-n9
FVnx.n9
FY09-I0
FV IO -II
FVI I-12
FYI 2-13
FYI 3.14
Bceinning Balm cc
$
2.5R9.537 S
1.672 409 S
2OIo.399 S
2,467.97n $
1.566,0.07
359 non
544.00n
2 j1R4 nnn
3.517 nn')
4,922.11111
61mJ,11On
7.0i2.0011
705601)1
Op -ting and Capital Eipcn.ccs
_
_ (48,512)
(50,01(1)
(78,442)
(80.000)
(80.000)
(80,000)
(80,000)
(80.000)
(80.000)
(80,000)
(90 000)
(80 0011)
(84000)
Personnel
5
73,160 S
73.064 S
122669 .5
1n9769 S
329.736
343.nnn
3571100
371.nnn
3R60nn
4111,11110
417,000
434,onn
j51mv)
Supplies
199,555
116,9n0
159,596
217.512
2 25, 12 5
DMOO
241000
249,0m1
259,0011
2670nn
276.MIO
296.0f1(1
296 nnn
Capitol Oulla.
-
25n.ono
324.4on
347.501)
359,663
372.nno
3R5ono
399,01111
412,111111
426O,ln
441,0110
456,1780
472,nno
Pmfcssionnl&Other
39.643
64,700
94,757
91,000
R3.R35
R7nnO
911M)n
93.noo
96.nnn
94Onn
10211.011
1116,060
110.0on
Gcncrol Fund Recharge
1.0301000
967.6110
959,4nO
9476011
RR9,99n
021 nno
753,OnO
)R(,tuin'
1.021,nno
1057.00n
1.094.01111
1.132.011()
1.172.00n
Laguna Plant 0&M
$
.7,523.665_
3.699,999
1439.241
4.195,560
4.394,939
4.549,n00
4.709pnn
4973.nnn
5 (144,non
5.22;,000
5.4o4.0no
5.993,nnn
5.799.000
Subtolnl 0&M
S
4,965,023
5.162.162
5.099,0(3
59R9.W
(,.293,176
6.505000
6.734000
6970.000
7.217,n(If)
7,47100fl
7,734.0(10
9.007nn11
9.290.0111
Capacity Prescrcalion Prolccls7Dcbi
S
3.092.304
3,265.207
2,939.575
3.219,214
3.074 457
3,166.691
3.261 692
3.359.543
3.460,320
3,564.139
3.671,1163
1791.175
1,994.631
Parnllcl Linc Project
-
-
-
-
11.160.000
-
-
SRF Dchl S.,, ice. 2.7%, 20 years
S
50,000 s
160.000 S
- S
- S
2,372.122 $
6211 ono
620,000
624000
(20.000
624nno
6211.11110
620.0no
6211 nnn
SRF WCR Fond Contribution
S
5,977,137 S
6,1a2996 $
7,694940 S
6.777,490 S
9.149.612 $
47,430
47,430
47,430
47,4311
47.430
47430
47,430
47.430
Rcpt nceincma - W&K Mnslcr Plan CI
S
(917.129) S
1,401,696 S
(1.854,28R) F
3,004000
1.500.000
1.545,000
1.591 000
1.639.000
16RA 000
1 .739ono
1.791 nnn
1.945.000
Total Operating and Capital Expenses
S
7,957,727 S
9,427.369 S
7,937.638 S
9.206.756 S
23,517.634 $
11.939,121 S
12.208,122 S
12.597,973 S
12,983.759 5
13.390.569 S
13.911,493 S
14.246.625 S
14,697061
Transfers To/(From)
S
1.116,156 S
1.290.541 S
1.174,766 F
1,497,135 S
1.570.794 S
1.616.250 S
1.683.509 s
1.741.500 ,S
1,804.250 s
1. R67. 750 S
1, 933.j00 S
1,001.750 S
1,071500
Connection Fee Fund - Sobrcgionnl Bonds
S
I,jOn.000 S
-
-
-
1.5110.000 S
1.500.000 S
-
1.jO0,000 s
1.500.000 s
1.500.000 S
1,500.000 S
1.500, nnn S
-
RevenueProgramFunding. 85%Assumed
s
-
-
-
-
(94R6,000)
-
-
3.241.500 S
-
3.367.7jn ,S
3.433.500 ,S
3501.750 S
3..5 71,500
From Capacih. Expansion Fund
(500,000)
(1,000,000)
(1,()00 ,000)
0%
(3,000,000)
250/
15.0%
2%
21A
2%
2%
2%
2%
Subtotal
S
(500.000) 5
(1,000,000) $
(1,500,000) $
0 S
(12,496,000) S
0 S
0 S
0 $
0 5
0 S
0 $
0 $
0
Total Revenue Requirement
S
7,457,327 S
7.427,369 S
6,937,638 S
9,206,756 S
11,031,634 S
11,839,121 $
12,209,122 S
12,587.973 S
12.983,759 S
13,390,569 $
13,911493 S
14.246.625 S
14.697,061
Non-operating Revenues
Sonoma State
s
(518,549) S
(432.043) S
(488,539) S
(494,979) S
(501,502)
(508,112)
(514,809)
(521.594)
(529,468)
(535,433)
(542,490)
(549,640)
(556.885)
Colati•RP Schools
S
(87,412) S
(90,988) $
(92,187)
(104,337)
(I IR,OR9)
(133,653)
(151,269)
(171.206)
(193,771)
(219.310)
(248,215)
Pcnaltia
_
_ (48,512)
(50,01(1)
(78,442)
(80.000)
(80.000)
(80,000)
(80,000)
(80.000)
(80.000)
(80,000)
(90 000)
(80 0011)
(84000)
Net Revenue Requirement
S
6,890,266 S
6.945,326 S
6,283,245 S
8,631.779 $
10,357,945 S
11,251,010 S
11.613,313 S
11.996,379 S
12.375,291 S
12,775.135 S
13.199,002 S
13.616.994 S
14.060,176
Operating Re•cnue
One -Time Billing AdiuVa,cul
S
(273,000) S
1,540,446
Ycarcnd Accruals Adjuu-nl
S
(30.823)
Rcacauc Accrual
5
(602.173)
Smvcr Service Charges From Current Rates
$
5.923,137 S
6,215.996 S
6.777,490 S
6.777490 S
6.777.490 S
6,777.490 $
6777,490 S
6.777490 S
6.777,490 S
6777490 S
6.777490 S
6.777490 S
6.777.49n
5'ro plur%(Defreif)
S
(967,129) $
(1002730) S
1,401,696 S
(I .954.299) $
(3,580454) $
(4,473,519) $
(4.935.9 23) S
(5,208.SR9) $
(5,597Rnn) S
(5797.645) S
((411.512) S
(6.839.494) $
(7.292,696)
Ending Balance Without Rate Increase
S
1.622.409 S
670.078 $
3.421,095 $
613.692 $
(2.011,649) S
(4,115,519) $
(4.271 923) S
(3,124.989) S
(2,1194.8110) S
(1,175.645) S
(407.512) $
212.506 S
673:314
Operating Reven a From Rate Increase
Future Rate lncroasc Revenue Subtotal
S
50,000 s
160.000 S
- S
- S
2,372.122 $
4,659,525 $
6,375.077 S
6,638.128 $
6.906.440 S
7.190.119 S
7.459,271 S
7.744.006 $
R,034,436
Tolnl Rel. R., une With Rate lncrcasc
S
5,977,137 S
6,1a2996 $
7,694940 S
6.777,490 S
9.149.612 $
11,437,015 $
13.152,567 S
17.415.619 .$
1]68]731 S
13.957.609 S
14.236.761 S
14.521497 S
14.911.927
57,,rph.'(Dficir)
S
(917.129) S
(841.330) S
1,401,696 S
(1.854,28R) F
(1.208.333) S
IRg005 S
/,539,254 S
1.429.239 S
1,308.640 S
1.181.474 S -
1.047,759 .S
904. j 11 S
7j 1.751
Ending Balance With Rate Increase
$
1.672 408 $
2,019,399 S
3,421,095 $
1,566,907 S
359,474 S
544.479 S
2.n93,733 S
3.512.972 $
4.821.612 S
fi 0114.1196 S
7.05 I.R46 .S
7,956.358 S
9,709,109
Working capital allo-0"(25% fO&M)
S
1.116,156 S
1.290.541 S
1.174,766 F
1,497,135 S
1.570.794 S
1.616.250 S
1.683.509 s
1.741.500 ,S
1,804.250 s
1. R67. 750 S
1, 933.j00 S
1,001.750 S
1,071500
('1P n//aa m+ce at 1.5 million
S
I,jOn.000 S
1.500.110 .A
1.500.000 S
1,500.000 s
1.5110.000 S
1.500.000 S
1.500.000 S
1.jO0,000 s
1.500.000 s
1.500.000 S
1,500.000 S
1.500, nnn S
1.500.000
Total nr/nimum(orgt/frrnd holancc
s
1716.156 S
2.790.541 S
1.774,766 S
1.997,135 $
3.070.794 S
3.126.150 S
3.183,500 ,S
3.241.500 S
3.304.250 S
3.367.7jn ,S
3.433.500 ,S
3501.750 S
3..5 71,500
Revenue lncrenee lndicntcd
5%
5%
0%
0%
35,0%
250/
15.0%
2%
21A
2%
2%
2%
2%
SRF WCR Fund Contribution
47.430
94,960
142.290
189.720
237.150
294,590
332.01n
179,I4n
F:/Jobs/439A/Rohnerl Pnrk/Drafls/Mecting Version RP Soo- 01.19-05 - No WR/Prolecled Rales 1/14/2005 2315 PM
r
WASTEWATER FINANCES.
■ FY 05 Start - $2.5 M cash balance; FY End $1.5 M (projected)
■ For 3 of past 4 years WW fund has operated in a deficit
(rates don't reflect costs).
■ Costs have increased:
- In -House O&M - Inc about 25%over 3 years.
- Santa Rosa O&M - Inc about 20%over 3 years.
- The Sewer Force Main will increase rates another 10%
■ Capital:
Sewer Force Main must be built this summer - $12M
Identified CIP must begin to be addressed
■ Draft Revenue Program
due to SWRCB
by Jan 26
for
chance to obtain lowest
cost financing
for Sewer
FM.
0,
1
- PRELIMINARY WASTEWATER
SF D Monthly Sewer Bill
Average Single Family Bill 36.40 46.30 27%
Future Rate Increases
FY 2005 X06
FY 2006/07
FY 2007,08
$46.30
$57.90 25.0%
$66.60 15.0%
Nationally, sewer rate increases have- historically
exceeded inflation (by 40% from 1986 to 2002).
Current
Charge/
Customer Class
Rates
1,000 gals
Percent
Single family
$5.70
$7.30
28%
Apts.: duplex, triplex, fourplex
5.70
7.30
28%
Mobile home park
5.70
7.30
28%
Other commercial
7.65
10.00
31%
Restaurants
9.95
12.70
28%
Industry
7.24
9.60
33%
SF D Monthly Sewer Bill
Average Single Family Bill 36.40 46.30 27%
Future Rate Increases
FY 2005 X06
FY 2006/07
FY 2007,08
$46.30
$57.90 25.0%
$66.60 15.0%
Nationally, sewer rate increases have- historically
exceeded inflation (by 40% from 1986 to 2002).
iff
BREAK DOWN OF WW BILL
FY2006 SFD Bill
[3 In -House
Santa Rosa
❑Capital
$70-
$65
$60
$55
$50
$45
$40
$35
$30
$25
$20
$15
. Sewer Rate Survey
2004 Typical Monthly Single Family Residential Charge
Note: The average monthly bill for residential connections in the agencies surveyed is $49.73.
12
13
WATER
.1
Table 1
$ 873,594
City of Rohnert Park
$ 970,306
Water Enterprise
$ 1,049,483
Financing Plan
$ 1,135,121
874,751
Est Actual Estimated Estimated Estimated Estimated Estimated Estimated Estimated
740,892
FY03-04 FY04-05 FY05-06 FY06-07 FY07-08 FY08-09 FY09-10 FY10-11
Beginning Balance
$ 2,485,328 S 1,919,745 $ 1967,133 $ 1,990,342 $ 2,056,026 $ 2,166,646 S 2,322,770 $ 2,372,984
Operating and Capital Expenses
Personnel
Supplies
Capital Outlay
Professional & Other
General Fund Recharge
Aqueduct Water 0&M
O&M subtotal
Capacity Preservation Projects
Replacements - B&R Water CIP
Total Operating and Capital Expenses
Transfers To/(From)
Development Improvement Fund
Revenue from Other Agencies
Subtotal
Total Revenue Requirement
Non-operating Revenues
Penalties
Private Fire Service:
Subtotal
Net Revenue Requirement
Operating Revenues
Total Operating Revenue Received
Minimum or Service Chargee
Consumption Charge
Income/(Loss) Without Rate Increase
Ending Balance Without Rate Increase
Total Rate Revenue With Rate Increase
Rvrpins�'(Ueficit)
$ 507,265
$ 873,594
$ 932,987
$ 970,306
$ 1,009,118
$ 1,049,483
$ 1,091,462
$ 1,135,121
874,751
821,799
740,892
766,824
793,662
821,441
850,191
879,948
3,129
164,500
170,258
176,217
182,384
188,768
195.374
202,213
59,984
478,900
495,662
513,010
530,965
549,549
568,783
588,690
1.43 7,600
1,271,400
1,334,970
1,381,694
1,430,053
1,480,105
1,531,909
1,585,526
- 1,551,819
1,626,349
1,868,572
2,008,715
2,159,368
2,321,321
2,495.420
2,682,576
$ 4,434,548
$ 5,236,542
S 5,543,339
S 5,816,764
$ 6,105,551
$ 6410,666
$ 6,733,139
$ 7,074073
$ 450,000
$ 441,000
$ 1,029,070
$ 691,000
$ 691,000
S 691,000
$ 691,000
$ 691,000
$ 4,429,813 S
4,729,Q31
S 6,556,618
$ 350,000
$ 360,500
$ 371,315
$ 382,454
$ 393,928
$ 41884,548
$ 5,677,542
$ 6,572,409
$ 6,857,764
$ 7,157,051
$ 7,472,981
$ 7,806,594
$ 8,159,001
$ - $ (800,000) $ - $ - $ - $ - $ - $ _
$ $ (156,000) S $ $ $ $ $
$ - $ (956,000) S $ - $ - $ - $ - $ _
$ 4,884,548 $
4,721,542
$ 6,572,409
$ 6,857,764
$ 7,157,051
$ 7,472,981
$ 7,806,594
S 8,159,001
$ 39,459 $
39,000
S 39,000
S 39,000
$ 39,000
$ 39,000
$ 39,000
$ 39,000
0
$ 0
S 0
$ 0
Ending fund balance
$
2,070,052
$ 1,967,1 33
$ 39,459 $
39,000
$ 39,000
$ 39,000
$ 39,000
$ 39,000
$ 39,000
$ 39,000
S 4,845,089 $
4,682,542
$ 6,533,409
$ 6,818,764
$ 7,118,051
$ 7,433,981
$ 7,767,594
$ 8,120,001
CIP allowance (avgannual Pres. prajects)
S
$ 6,556,618
$ 6,884,448
$ 7,228,671
$ 7,590,104
$ 7,817,807
S 8,052,342
$ 1,261,575 $
1,264,708
TalalmininmmmtXelfindha/ance
S
1,386.251
S 1.591.078
S 1.680,356
S 1.757,j47 S
3,168,238
.3,465,223
S 2,014,770
S 3.109,918
Revenue Increase Indicated
0%
0%
$ 4,429,813 S
4,729,Q31
S 6,556,618
$ 6,884,448
$ 7,228,671
S 7,590,104
$ 7,817,807
$ 8,052,342
$ (415,276) $
47,388
$ 23,208
$ 65,684
$ 110,620
$ 156,124
$ 50,214
$ (67,659)
$ 2,070,052 $
1,967,133
S 1990,342
$ 2,056,026
$ 2,166,646
S 2.322,770
S 2.372,984
-S 2,305,324
$ 4,429.813 $
4.729,931
$ 6,556,618
$ 6,884,448
$ 7,228,671
$ 7,590,104
$ 7,817.807
$ 8,052,342
S (115,276) 5
47,388
S 23,208
S 65.684
S 110.620
S 156,121
S 50,214
S (67.659)
Operating Fund With Rate increase
Transfer to Revenue Requirements
$
0
$ 0 $
0
$ 0
S 0
$ 0
Ending fund balance
$
2,070,052
$ 1,967,1 33
$ 1,990,342
$ 2.056 026 $
2,166,646
S 2,322,770
$ 2,372.984
$ 2,305.324
Wading capiial allrarance(25%nj0&M)
S
1,108,637
S /,309,136
Y 1,38],835
S 1,454.191 S
/,526,388
S 1.602.666
,S /, M3,2,Y5S
1, 761'.7 by
CIP allowance (avgannual Pres. prajects)
S
277,6/1
S 285.942
S 294.521
S 303.356 S
312,457
S 321,831
S 431 186
S i4/ 130
TalalmininmmmtXelfindha/ance
S
1,386.251
S 1.591.078
S 1.680,356
S 1.757,j47 S
1,83R.,715
S 1.924,497
S 2,014,770
S 3.109,918
Revenue Increase Indicated
0%
0%
40.0%
5.0%
5.0%
5%
3%
3%
F:/Jobs/439A/Rohnert Park/WP/RP Water I-19-05/Projected Rates 1/14/2005 2:18 PM
WATER FINANCES
■ FY 05 Start - $1.9 M cash balance; FY End $1.9
M (projected)
■ Costs have increased:
- In -House O&M costs - Inc 20% over 2 years
ago
- SCWA costs - Inc 65% over 2 years ago
■ Capital
- Commercial Retrofit - $2.5 M
- Identified CIP must begin to be addressed
14
9
TIERED WATER ALTERNATIVES
■ 1 Tier - (Current_ RP rates are based on 1 tier)
■ 2 Tiers - Tiered rates only for Residential ; others pay at
2nd tier.
■ 2 Tiers - Different tiered rates for different customer
classes (a la MMWD).
■ 2 Tiers - 1st Tier set linked to well water costs and 2nd tier
linked to SCWA costs
■ 3 Tiers -Tiered rates only for Residential ;others pay at
2nd tier.
■ 3 Tiers -Different tiered rates for different customer
classes (a la MMWD). I
15
PE
WHAT DO OTHER LOCAL
AGENCIES. DO?
■ Petaluma - SF Residential tiers; No commercial or MF
Residential
■ Cotati - No tiers; Outside City pays higher rate
■ Santa Rosa - No tiers; Commercial has a, higher fixed
meter charge schedule
■ North Marin WD - No tiers but have elevation zones
■ Marin Municipal WD - Tiers for: SF residential,
Duplexes, MF Residential, Business, Raw Water,
Recycled Water
16
PRELIMINARY WATER
Current Proposed Proposed
Usage Bill Two Tier Percent Three Tier Percent
$ /1,000 bimonthly gallons
Less than 16 thousand gals bi-monthly
$1.75
$2.00
14%
$2.00.
14%
16 to 40 thousand gals bi-monthly
1.75
2.00
14%
2.50
43%
Over 40 thousand gals bi-monthly
1.75
3.41
95%
3.00
71%
Bi -monthly fixed charges
$21.10 $29.82
$29.82
SFD Monthly Water Bill
Single family - Low -10 units
$19.30 $24.91
29%
.$24.91
29%
Single family - Ave - 26.5 units
33.74 41.41
23%
48.03
42%
Single family - High - 65 units
67.43 125.73
86%
112.41
67%
Ave SF D F utur a Rate Incr eases
FY 2006,07
$43.48
5%
$50.44
5%
FY 2007,08
45.65
5%
52.96
5%
FY 2008,09
47.94
5%
55.61
5%
17
,•tr `t"" BREAK
DOWN
• WATER BILL
FY 2006 SFD Bill
�; •.. � � ; �, ., .:... `...,; nom.:
., .x
3•a
M
RATE ADJUSTMENT RESULTS
■ Recover costs of service
• Resume capital program & infrastructure repairs
■ Stop the draw -down of fund reserves
■ Gradually build back g=Fund reserves to a
prudent minimum level over next 4 - 5 years
■ Meet future debt service coverage covenants
Restore & maintain long-term financial health
20
RATE COMPARISONS
■ Federal Government Water and Sewer Rate Levels of 2%of
annual Sonoma County 2004 MHI of $74,600/Family of 4:
- Each Utility: $1,492/year or about $125/month
- Combined Total:$2,984 or about $250/month
■ Basic cable TV bill is about $40 per month ($480 per year);
with HBO, bill is about $60 per month ($720 per year)
21
M
KEY ASSUMPTIONS
■ Both Water and Wastewater phase-in of rates
depend on the availability of development fees
from about 400 units over 2 years. If Council does
not plan to approve development at this rate,
recommended phase-in will have to be revised.
■ Assumes Development's share of Sewer FM is
available this year to help phase-in of wastewater
rate increases.
W,
NMI
OTHER RECOMMENDATIONS
■ Consider adopting minimum fund. reserve targets
equal to 25% of O&M and a minimum capital fund
level.
■ After rates are gradually raised to sufficient
levels, City should set aside funds each year for
future infrastructure replacement.
■ Update rates and connection fees annually based
on a local CPI or other index.
23
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te.
A/ -2+a
yao i
p
Nasty
M
�
5it�s
revenue
program
tc
ewer
force
main
fur
L)" E
;hI'm
•
MYLVI •
area wa,
kshon a
Hauff,Judy
From: Jenkins, Darrin
Sent: Thursday, January 13, 2005 3:12 PM
To: Donley, Steve
Cc: Hauff, Judy
Subject: FW: caltrans volumes
Attachments: model casino volumes.pdf
NhM,.
model casino
volumes.pdf (110 ...
Hi Steve,
5
Council: X
Miscellaneous
Communications
A ends pS X
Copy to:
Copy to:
Please let me know if it is ok to distribute this information in the council packet on
Friday.
-----Original Message -----
From: Zack Matley [mailto:zmatley@w-trans.com]
Sent: Thursday, January 13, 2005 3:08 PM
To: Jenkins, Darrin
Cc: Dalene Whitlock
Subject: caltrans volumes
ew
I�
Good afternoon Darrin. Been reviewing the Caltrans volumes. We're dealing with different
models and different horizon years, but in general here are some observations.
1) As indicated earlier, their volumes do seem to indicate that the existing Commerce
underpass remains.
2) Their *overall* intersection volumes at Golf Course/Commerce are within 5-10% of W-
Trans/Dowling volumes (including casino). On individual movements, most notable is that
their northbound left and right are higher than ours, while their westbound through is
lower. Their model clearly shows a pattern of drivers diverting to Roberts Lake/Santa
Rosa Ave as a means of escaping congestion on 101. This explains their high northbound
right turn volume (drivers getting off the freeway and headed for Roberts Lake Dr).
3) In looking at Golf Course/Commerce using the Caltrans lane configurations and Caltrans
volumes, I'm coming up with LOS E operation in the future, with queuing extending into
adjacent intersections. Keep in mind that we are looking at the intersection
independently. I would presume that Caltrans is looking at it as a coordinated system
using SYNCHRO or CORSIM. Ideally they would provide you their calculations (for this
intersection as well as adjacent intersections) to be reviewed.
Dowling prepared future p.m. peak hour projections for both "with" and "without" the
casino. Z looked at the incremental change and sketched the approximate "casino only"
volumes for the interchange (attached). The model assigns most US 101 casino traffic to
Wilfred (about 84 percent vs. 16 percent to RPX).
-----Original Message -----
From: Jenkins, Darrin [mailto:dajenkins@rpcity.org]
Sent: Thursday, January 13, 2005 12:21 PM
To: Zack Matley
Subject: FW: Son101 Wilfred I/C Intersection Turning Mvmt - New Alt.
-----Original Message -----
From: rey_centeno@dot.ca.gov [mailto:rey_centeno@dot.ca.gov]
Sent: Thursday, January 13, 2005 12:02 PM
To: Jenkins, Darrin
Cc: ray akkawi@dot.ca.gov
Subject: RE: Son101 Wilfred I/C Intersection Turning Mvmt - New Alt.
Darrin, enclosed is the electronic file of the visual simulation preapred fro,the project
we used in the presentation the other night. Also enclosed are the pdf files of the
original design and the proposed design to address the PUC comments.
Fyi, I called Dave Stewart (PUC) this morning to set up our meeting with him either this
week or early next week prior to your January 19th meeting but unfortunately, he is on
vacation this week and will not be back until January 18. So, I left him a message if he
can meet with us on Tuesday and offer that we can meet him in hi office in Sacto if that
is the only way hence, please make yourself available any time on Tuesday (just incase).
thanks...
(See attached file: Before the Publlic Meeting.pdf)(See attached file:
After the Publlic Meeting.pdf)(See attached file: Wilfred IC#1SIM.jpg)
Rey B. Centeno
Regional Project Manager- Sonoma
Department of Transportation
111 Grand Avenue
Oakland, CA 94623
phone: 510-286-5800
fax: 510- 622-1662
"Jenkins, Darrin"
<dajenkins@rpcity To:
<ray akkawi@dot.ca.gov>
.org> cc:
<rey centeno@dot.ca.gov>
Subject: RE: Son101
Wilfred I/C Intersection Turning Mvmt - New Alt.
01/13/2005 11:13
Thanks Ray.
Can you guys email that 8 1/2 x 11 diagram you had and passed out at SCTA and I can print
it out?
Thanks,
Darrin
2
-----Original Message -----
From: ray_akkawi@dot.ca.gov jmailto:ray_akkawi@dot.ca.gov]
Sent: Wednesday, January 12, 2005 11:15 AM
To: Jenkins, Darrin
Cc: rey_centeno@dot.ca.gov
Subject: Son101 Wilfred I/C Intersection Turning Mvmt - New Alt.
As requested here are the traffic forecast numbers. Pls call if you have any questions.
Ray Akkawi
Project Manager - Marin / Sonoma Counties
(510) 286-4925 (desk)
(415) 720-4029 (cell)
----- Forwarded by Ray Akkawi/D04/Caltrans/CAGov on 01/12/2005 11:12 AM
(See attached file: newalt 12-04.xls)
3
M
t Wilfred Avenue IC (LA 1296 0)
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Wilfred Avenue IC (EA 129650)
i Revised alternative to address Public Utility
Commission (PUC) comments
4F
Aq
"Ilk
Meeting Date:
Department:
Submitted By:
(Name & Title)
Submittal Date:
Agenda Title:
CITY OF ROHNERT PARK
AG9NDA ITEM TRANSMITTAL REPORT - --
January 19, 2005
City Manager's Office
P�
Carl Eric Leivo, City Manager
January 11, 2005
Council: 1 X
Miscellaneous
Communications
M A ands
copy to:
copy to:
Staff Commitment to Service and 2005 Project List
Requested Council Action: Motion to concur with use of the symbol formulated by staff.
Council discussion and direction regarding the 2005 Project List.
Summary: A group of City employees met to put together a project list and start work on the
2005-06 budget.
When asked: "What do we want the Council and Public to know about City staff?" the employee
group suggested the following sentence:
"The Rohnert Park employee team is dedicated and committed to providing the highest level of
service, improving the quality of life, and responding to the needs of the community with care,
professionalism, and innovation, maximizing use of available resources."
All City employees were asked to distill this long sentence into a simple, memorable phrase. The
result of this request is the following symbol:
ice
It is proposed that this symbol will be used during the next calendar year in City publications and
advertisements. Staff requests that the Council concur with use of this symbol.
City employees also developed a list of projects (attached). This is not a wish list. City managers
and supervisors intend to implement all of the projects listed.
The Council is requested to review the list. Is there is a project that was inadvertently left off the
list or does the Council want to substitute a project for something on the list?
The list includes projects that implement public policy already approved (including the General
Plan), projects approved by the Council, implementation of agreements, and requirements of
other levels of government. Staff proposed a few additional initiatives.
The project list is meant to provide the Council with a broad overview. As such, only summary
information is provided for each individual project. The list does not substitute for the regular
process whereby the Council approves of individual projects. This is the first time the Council
has had a complete "slice in time" listing of City projects.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item �>q Regular Time
( ) Approval () Public Hearing Required
( ) Not Recommended () Submitted with Comment
( ) Policy Determination by C until
(x) City Comments:
City Manager's Signature: Date: 1 ( a�
JH-S.Council Agenda Transmittal /i y Manager Pro Te re AA 1
Ciec t.h c c ( ! h;ar n �C, - e,
ID
$
Task Name
Benefit
Start
Finish
Measure
Target
Resource Names
2003 2004 1 2005 12006 12007
Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 1 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 1 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3
1
Administration
Mon 1/3105
Fri 6/30/06
Administration
2
Legal Services
Mon 1/3/05
Thu 6130/05
3
Procure permanent
Compliance with
Mon 1/3/05
Thu 6/30/05
Prepare
100%
Administration
City Attorney
law
contract
i E
City Clerk
4
Agendas & Minutes
Fri 4/1105
Fri 6/30106
5
Agenda streaming via
Improve service
Fri 4/1/05
Fri 12/30/05
Purchase
100%
City Clerk
SIRE integrated doc.
and install
-
man. prog.
system
i City Clerk
6n�j
Agenda streaming
Improve service
Mon 1/2/06
Mon 1/30/06
Number of
10
City Clerk
training
staff
t
City Clerk
7
Agenda streaming
Improve service
Wed 2/1/06
Fri 6/30/06
Percent of
50%
City Clerk
implementation
agendas
City Clerk
BMW
8
Special Projects
Mon 113/05
Fri 6/30/06
9
ER
Passport process
Improve service &
Mon 1/3/05
Thu 3/31/05
Set-up &
100%
City Clerk
setup
revenue
advertise
j Cit Clerk
Y
10
R3
Passport
Improve service &
Fri 4/1/05
Fri 6130/06
Implement
100%
City Clerk
implementation
revenue
program
s
�
City Clerk
11
Pql
Centralized
Maintain records
Mon 1/3/05
Thu 6/30/05
Organize
100%
City Clerk
archives/records
program
i City Clerk
12
T3
Implement centralized
Maintain records
Fri 7/1/05
Fri 6/30/06
Percent of
75%
City Clerk
archives/records
records
retention
�
Administration
13
R
Negotiate SSU
General Plan
Mon 1/3/05
Fri 6/30/06
Negotiate
100%
Administration_
services agreement
implementation
agreement
_ =
I_ Animal Care
14
Animal Care
Fri 10/1104
Fri 6/30/06
15
Shelter
Fri 1011104
Thu 6/30/05
16
FA
Renovation of Shelter
Improve animal
Fri 10/1/04
Thu 6/30/05
Complete
100%
Animal Care
care
renovation
'i, i Animal Care
17
Programs
Mon 1/3/05
Fri 6130106
18
Implement new
Improve animal
Mon 1/3/05
Thu 6/30/05
Implement
100%
Animal Care
animal ordinance
care
ordinance
I
Animal Care
19
In -House spay and
Reduce births
Mon 1/3/05
Thu 6/30/05
Percent of
90%
Animal Care
neuter program
animals
Animal Care
20
Increase adult
Improve animal
Mon 1/3/05
Thu 6/30/05
Volunteers
2 per day
Animal Caret
volunteers
care
in office
! �`� Animal Care
21
n
Special events
Improve animal
Mon 1/3/05
Fri 6/30/06
Events per
1
Animal Care�.
care
month
_
; Animal Care
22
Pet care column
Improve animal
Mon 1/3/05
Fri 6/30/06
Columns
1
Animal Care
care
per month
-
i
} 4 Building
23
Building
Mon 1/3105
Fri 6/30/06
24
Plan Check & Inspections
Mon 1/3105
Thu 6130/05
25
24 -Hour Inspection
Improve service
Mon 113/05
Thu 6/30/05
Inspections
12
Building
Request Turnaround
per day per
Building
26
Minor permit
Improve service
Mon 1/3/05
Thu 6/30/05
Percent of
25%
Building
turnaround in 3 Days
turnaround
permits
MUNN am Building
27
Initial plan check
Improve service
Mon 1/3/05
Thu 6/30/05
Percent of
100%
Building
comments within 3
plan
weeks
checks
Building
28
Special Projects
Mon 1/3/05
Fri 6130/06
29
Document
Record
Mon 1/3/05
Thu 6/30/05
Percent of
5%
BuildingY_
image/storage project
maintenance
records
R _ Building
30
Document
Record
Fri 7/1/05
Fri 6/30!06
Percent of
95%
Building
image/storage project
maintenance
records
i
Building
31
Assess potential
Improve service
Mon 1/3/05
Thu 6130/05
Percent of
75%
Building
transition to
project
W
Springbrook Permit
Module
ext' Building
did Building
32
ER
Update handouts
Improve service
Mon 1/3/05
Thu 6/30/05
Percent of h
20%
Building
33
r�q
Spanish translation of
Improve service
Mon 1/3/05
Thu 6/30/05
Percent of
10%
Building
handouts
handouts
:s
E x > Administration
34
Implement Green
Conserve
Fri 7/1/05
Fri 6/30/06
Adopt
100%
Administration
Building standards
resources
ordinance
Engineering
35
Engineering
Thu 7/1104
Fri 6/30/06
36
CIP
Thu 7/1/04
Fri 6/30/06
37
Initiate CIP projects
Improve service
Thu 7/1/04 1
Thu 6/30105
No. of
15
Engineering
projects
Project: Projects 1.1.05-6.30.06
Date: Thu 1/13/05
n.
Task Progress Summary External Tasks Deadline
Split Milestone . Project Summary External Milestone
Page 1
ID
$
Task Name
Benefit
Start
Finish
Measure
Target
Resource Names
2003 2004 2005
2006 2007
Qtr 1 L Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 I Qtr 4 Qtr 1 Qtr 2 Qtr 3 I Qtr 4 Qtr 1 Qtr 2 Qtr 3
38
EH
Initiate CIP
Improve service
Fri 7/1/05
Fri 6/30/06
No.
projects
of
projects
10
Engineering
Engineering
Engineering
39
Complete CIP
Improve service
Thu 7/1/04
Thu 6/30/05
No. of
10
Engineering
projects
projects
40
Complete CIP
Improve service
Fri 7/1/05
Fri 6/30/06
No. of
10
Engineering
projects
projects
Engineering
41
Construction project
Improve efficiency
Thu 7/1/04
Fri6/30/06
Percent of
10%
Engineering
change orders
value
Engineering
i
42
Initiate FIGR MCU
Mitigate impacts
Mon 1/3/05
Fri 6/30/06
Initiate
100%
Administration
capital projects
"'projects
Administration
Engineering
43
Project Management
Mon 113/05
Thu 6/30/05
44
Civil project tracking
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Initiate
100%
Engineering
program
program
Engineering
45
Develop internal
ffi
Improve eciency
Mon 113105
Thu 6/30/05
Prepare
100%
Engineering
processes
processes
Engineering
46
EN
Develop contract
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Initiate
100%
Engineering
tracking&checklist
_
program
t
Administration
47
Environment
Thu 7/1/04
Fri 12/30/05
48
Tiger Salamander
Thu 7/1/04
Fri 12/30/05
49
Conservation
Conserve species
Thu 7/1/04
Thu 6/30/05
Negotiate
100%
Administration -
Strategy MOU
MOU
[ Administration
50
Conservation
Conserve species
Fri 7/1/05
Fri 12/30/05
Prepare
100%
Administration
Strategy Ordinance
Ordinance
Administration
51
Open Space
Mon 1/3105
Fri 12/30/05
52
Acquire Community
Recreation &
Mon 1/3/05
Fri 12/30/05
Negotiate
100%
Administration
Fields
open space
purchase
Administration
53
®
Prepare mitigation
Conserve
Mon 1/3/05
Fri 12/30/05
Prepare
100%
Administration
bank plan for Lourdis
species, open
plan
parcel
space, & revenue
t
MEW
Finance
54
Financial Management
Mon 1111/04
Fri 6130/06
55
Utility rates
Mon 11/1/04
Fri 6130/06
56
Water/sewer/trash
Adequate
Mon 11/1/04
Thu 6/30/05
Prepare
100%
Finance
rate study
revenues to
study,
maintain service
hearing
Finance
57
Implement on-line
Improve service
Fri 7/1/05
Fri 6/30/06
Interface to
100%
Finance
utility payments
banking
i
Finance
58
Utility bill stabilization
Improve service
Mon 1/3105
Mon 10/31/05
% of res.
100%
Finance
program
accounts
59
Public Facilities
Wed 12/1/04
Fri 12/30/05
Financing Plan
_
Finance
60
Implement finance
Adequate funds
Wed 12/1/04
Fri 12/30/05
Percent of
100%
Finance
structure
for capital projects
funds
required
;
Finance
61
Budget
Mon 1/3/05
Fri 6130/06
62
Prepare 05-06
Financial plan for
Mon 1/3/05
Thu 6/30/05
Prepare
100%
Finance
Budget
year
budget
Finance
63
Adhere to budget
Financial stability
Mon 1/3/05
Fri 6/30/06
Rev. & Exp.
95% to
Finance
Within % of
105%
Budget
64
Revenue
Mon 1/3/05
Fri 6/30106
65
Earn interest on idle
Financial stability
Mon 1/3/05
Fri 6/30106
Portfolio
Exceed
Finance
funds
yield
1-yr. T-Bill
Finance
rate
(2.5%)
Administration
66
Establish sponsorship
Increase
Mon 1/3/05
Thu 6/30/05
Establish
100%
Administration
program
revenues
program
Administration
67
r,
CourseCo Lease
Maintain service
Mon 1/3/05
Mon 2/28/05
Renegotiate
100%
Administration
lease
Finance
68
Create recreation
Increase
Fri 7/1/05
Fri 6/30/06
Create
100%
Finance
pennies program
revenues
donation
program
Finance
69
®
Cost recovery plan for
Increase
Mon 1/3/05
Fri 12/30/05
Recovery
up to
Finance
fees
revenues
of costs
100%
t
Finance
70
Procurement
Mon 1/3105
Fri 12/30/05
71
Update purchasing
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Prepare
100%
Finance
policies & procedures
update
?�
s
Project: Projects 1.1.05-6.30.06
Date: Thu 1113/05 Task Progress Summary External Tasks Deadline
Split Milestone ♦ Project Summary External Milestone
Page 2
ID
Task Name
Benefit
Start
Finish
Measure
Target
Resource Names
2003 2004 2005 2006 2007
Qtr 1 Qtr 2 Qtr 3-- Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 1 Qtr 1 Qtr 2 Qtr 3
72
New insurance
Improve tracking
Mon 1/3/05
Fri 12/30/05
Covertdata
100%
Finance
Finance
program for
contractors
a ` Finance
73
Implement
Improve efficiency
Mon 113/05
Fri 12/30/05
Implement
100%
Finance
purchasing card
program
Finance
74
Other Projects
Mon 1/3105
Mon 10/31/05
75
99
RFQ for auditing
Financial
Mon 113/05
Mon 10/31/05
RFQ
100%
Finance
services
reporting
process
Planning/Building
76
Human Resources
Thu 7/1/04
Fri 6129/07
77
Training
Thu 711/04
Fri 6129/07
78
Pq
Train Com. Dev.
Improve service
Mon 1/3/05
Thu 6/30/05
Employee
100%
Planning/Building
Assist.
proficiency
Planning/Building
79
Training on State
Improve service
Mon 1/3/05
Fri 12/30/05
Employee
100%
Planning/Building
Legislation & CEQA
proficiency
Adminis
80
Prepare general
Anticipate
Mon 1/3/05
Fri 6/29/07
Employee
100%
Administration
staffing succession
retirements
proficiency
plan
Public S
81
Prepare Public Safety
Anticipate
Mon 1/3/05
Fri 6/29/07
Employee
100%
Public Safety
staffing succession
retirements
proficiency
plan
Animal Care
82
State Humane Officer
Improve animal
Mon 1/3/05
Fri 12/30/05
Level I & II
100%
Animal Care
training for Supervisor
care &
Training
enforcement
Engineering
83
Construction project
Improve service
Thu 7/1/04
Thu 6/30/05
Hours per
80
Engineering
administration training
year
Engineering
84
Construction codes
Improve service
Thu 7/1/04
Thu 6/30/05
Hours per
160
Engineering
trainingyear
Engineering
85
ER
Engineering training
Improve service
Thu 7/1/04
Thu 6/30/05
Hours per
160
Engineering
year
Administration
86
Special Projects
Wed 12/1/04
Fri 12/30/05
87
Implement Medicare
Lower cost of City
Mon 1/3105
Fri 12/30/05
Reduce
Unknown
Administration
Part C program with
insurance
costs
City retirees
coverage
Administration
88
ME
Implement new
Improve
Wed 12/1/04
Tue 2/1105
Number of
12
Administration
Personnel Rules &
equity/compliance
staff trained
Regulations
with law
i
Information Systems
89
Information Systems
Mon 113/05
Fri 6/30/06
90
Hardware
Mon 113/05
Fri 6/30/06
91
Replace telephone
Improve service
Mon 1/3/05
Thu 6/30/05
Complete
100%
Information
system
installation
Systems
j
Information Systems
92
Fiber optic backbone
Improve efficiency
Fri 7/1/05
Fri 6/30/06
Complete
100%
Information#
installation
Systems
Information Systems
93
Develop PC
Maintain
Mon 1/3/05
Thu 6130/05
Complete
100%
Information
replacement schedule
equipment
plan
Systems
Information Systems
94
Software
Mon 113105
Thu 6130105
95
Integrate class
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Complete
100%
Information
software with cash
integration
Systems
receipts
i
Information Systems
96
Startup additional
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Number of
10
Information
Springbrook modules
modules
Systems
Information Systems
97
Upgrade workstations
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Percent of
98%
Informationk
to Office 03 &
workstation:
Systems
Windows XP
Information Systems
98Employee
self-service
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Implement
100%
Information
application
software
Systems
- Information Systems
99
Records Storage
Mon 1/3/05
Fri 12/30/05
100
Enterprise document
Maintain records
Mon 1/3/05
Fri 12/30/05
Percent of
10%
Information
imaging
records
Systems
processed
Information Systems
101
Management
Mon 1/3105
Fri 6/30/06
102
IF wireless & security
Improve efficiency
Fri 7/1/05
Fri 6/30/06
Full access
100%
Information
point
Systems
communicat
with
Dispatch
Project: Projects 1.1.05-6.30.06
Date: Thu 1/13/05
Task Progress Summary External Tasks Deadline .y
Split Milestone ♦ Project Summary m External Milestone A.
Page 3
ID
0
Task Name
Benefit
Start
Finish
Measure
Target
Resource Names
2003
12005 2006
12007
103
Domain servers
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Downtime
0.99%
Information
Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 1 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3
availability
available
Systems
Information Systems
104
Telephone system
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Downtime
0.99%
Information
availability
available
Systems
Information Systems
_
Performing Arts Center
105
Performing Arts
Mon 11/1/04
Fri 6/30/06
106
Programs
Mon 1/3/05
Thu 6/30/05
107
Cooperate program
Improve service
Mon 1/3/05
Thu 6/30/05
Prepare
100%
Performing Arts
with SSU Theater
proposal
Center
• r,aY,
Dept.
i
Performing Arts Center
108
Eq
Revamp arts
Improve service
Mon 1/3/05
Thu 6/30/05
Revise
100%
Performing Arts
education program
program
Center
Performing Arts Center
109
Summer youth arts
Improve service
Mon 113/05
Thu 6/30/05
Prepare
100%
Performing Arts
program
proposal
Center
110
Marketing
Mon 1/3/05
Fri 6/30/06
111
Neighborhood
Improve
Mon 1/3/05
Fri 6/30/06
Ticket
10%
Performing Arts
marketing plan
attendance
sales
increase
Center
Performing Arts Center
112a'i
Group sales program
Improve
Mon 1/3/05
Fri 6/30/06
Ticket
10%
Performing Arts
attendance
sales
increase
Center
Performing Arts Center
113
n�i`
Weekday event
Increase
Mon 1/3/05
Fri 6/30/06
Rentals per
2
Performing Arts
rentals
revenues
mo.
Center
Performing Arts Center
_
114
Outdoor event rentals
Increase
Mon 1/3105
Fri 6/30/06
Rentals per
3
Performing Arts
revenues
year
Center
Performing Arts Center
115
Program advertising
Increase
Mon 1/3/05
Fri 6/30/06
No. of ads
20
Performing Arts
revenues
Center
Performing Arts Center
116
Special Projects
Mon 11/1/04
Fri 6/30/06
117
Spreckels/Green
Improve service
Mon 11/1/04
Fri 6/30/06
Prepare
100%
Performing Arts
Center Coordination
MOU
Center
-" Performing Arts Center
section
=
118
Upgrade ticketing
Improve service
Mon 1/3/05
Thu 6/30/05
Implement
100%
Performing Arts
software
upgrade
Center
y, Performing Arts Center
119
Implement
Improve service
Mon 1/3/05
Fri 9/30/05
Implement
100%
Performing Arts
E -Commerce
upgrade
Center
Performing Arts Center
w =. Performing Arts Center
120
P'3
Prepare
Improve efficiency
Mon 1/3/05
Fri 6/30/06
Prepare
100%
Performing Arts
facility/technical
manual
Center
-
manual
=_
I
- t
121
Planning
Thu 7/1/04
Mon 7/3106
122
Specific Plans
Thu 7/1/04
Mon 7/3/06
123
fq
Complete Northeast
General Plan
Thu 7/1/04
Thu 6/30/05
Complete
100%
Planning
Specific Plan, EIR &
implementation
Plan, EIR &
Planning
Dev. Agreement
Agreement
124
E3
Annexation of
General Plan
Fri 7/1/05
Fri 12/30/05
Annexation
100%
Planning
Northeast Specific
implementation
Planning
Planning
125Complete
University
General Plan
Thu 7/1/04
Thu 6/30/05
Complete
100%
Planning
Dist. Specific Plan,
implementation
Plan, EIR &
EIR & Dev. Agree.
Agreement
126
Annexation of
General Plan
Fri 7/1/05
Fri 12/30/05
Annexation
100%
Planning
University Dist.
implementation
Planning
127
Complete Southeast
General Plan
Thu 7/1/04
Thu 6/30/05
Complete
100%
Planning
Specific Plan, EIR &
implementation
Plan, EIR &
Planning
Dev. Agreement
Agreement
7,M
128
Annexation of
General Plan
Fri 7/1/05
Fri 12/30/05
Annexation
100%
Planning
Southeast Specific
implementation
Planning
129
Complete Northeast
General Plan
Thu 7/1/04
Fri 12/30/05
Complete
100%
Planning
Specific Plan, EIR &
implementation
Plan, EIR &
Planning
Dev. Agreement
Agreement
130
Annexation of
General Plan
Mon 1/2/06
Mon 7/3/06
Annexation
100%
Planning
Northwest Specific
implementation
Planning
t
Planning
131
Complete
General Plan
Thu 7/1/04
Thu 6/30/05
Complete
100%
Planning
Wilfred/Dowdell
implementation
Plan, EIR &
Specific Plan, EIR &
Agreement
'Dev- Agreement
'
132
ER
Annexation of
General Plan
Fri 711/05
Fri 12/30/05
Annexation
100%
Planning
Southeast Speck
implementation
Planning
'
133
Development Plans
Thu 7/1104
Thu 6/30/05
134
Complete Stadium
General Plan
Thu 7/1/04
Thu 6/30/05
Complete
100%
Planning
Lands Development
implementation
Plan, EIR &
Planning
Plan & EIR
Agreement
135
General Plan
Mon 1/3/05
Fri 12/30/05
Project: Projects 1.1.05-6.30.06
Date: Thu 1/13/05
Task Progress Summary External Tasks }^ Deadline =�
Split Milestone Project
,,,,,,,�„�,,,,,,,,,,,,,,,,,,�,,,,, � ) Summary External Milestone
Page 4
ID
Task Name
Benefit
Start
Finish
Measure
Target
Resource Names
2003 2004 2005 2006 2007
Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1Qtr 2 Qtr 3 Qtr 4 1 Qtr 1 1 Qtr 2 F Qtr 3 Qtr 4 Qtr 1 I Qtr 2 Qlr 3
136
fq
Technical General
Add new data to
Mon 1/3105
Fri 12/30/05
Complete
100%
City Manager's
us, City Managers Office
Plan Update &
General Plan
Plan
Office
Supplemental EIR
t
i
Planning
137
Ordinances
Mon 1/3105
Fri 6/30/06
138
Revise Subdivision
General Plan
Mon 1/3/05
Thu 6/30/05
Complete
100%
Planning
Ordinance
implementation
ordinance
; Planning
139
Revise Sign
General Plan
Fri 7/1/05
Fri 6/30/06
Complete
100%
Planning
Ordinance
implementation
ordinance
Planning
140
Establish
Neighborhood
Mon 1/3/05
Thu 6/30/05
Implement
80%
Planning
Neighborhood
redevelopment
program
Preservation Prog.
'
S
- Planning
141
Neighborhood
Neighborhood
Mon 1/3/05
Thu 6/30/05
Implement
80%
Planning
Preservation Public
redevelopment
program
Education
Planning
142
Customer Service
Mon 1/3/05
Fri 12/30/05
143
Processing of minor
Timely service
Mon 1/3/05
Fri 12/30/05
Apps.
75%
Planning
applications
Processed
in 4-6 wks
3
Planning
144
Processing of major
Timely service
Mon 1/3/05
Fri 12/30/05
Apps.
75%
Planning
applications
Processed
3 months
- Planning
145
Spanish translation of
Improved service
Mon 1/3/05
Thu 6/30/05
Percent
10%
Planning
handouts
translated
i
146
Public Information
Mon 1/3/05
Fri 6/30/06
r
Administration
147
City Newsletter
Improved service
Mon 1/3/05
Fri 6/30/06
Weekly
100%
Administration
issue
t
Public Safety
148
Public Safety
Mon 1/3/05
Fri 6/30/06
149
Police
Mon 113/05
Fri, 6/30/06
150
Traffic safety -
Improve safety
Mon 1/3/05
Thu 6/30/05
Determine
100%
Public Safety
determine collision
dangerous
target areas
areas
i ;pi Public Safety
151
Reinstate crime
Improve safety
Tue 114/05
Thu 6/30/05
No. of
15
Public Safety
prevention program
Neighborhot
Watch
Groups
= Public Safety
152
Implement automatic
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Percent of
50%
Public Safety
field reporting
field units
- Public Safety
153
Adopt safe from the
Improve safety
Mon 1/3/05
Thu 6/30/05
Form
100%
Public Safety
start program
program
Public Safety
154
Crime trend
Improve safety
Fri 7/1/05
Fri 6/30/06
Implement
100%
Public Safety
monitoring program
program
-
Public Safety
155
r
Transition CSOs to
Improve safety
Fri 7/1/05
Fri 6/30/06
Complete
100%
Pubfic Safety
field technicians
transition
Public Safety
156
Fire
Mon 113105
Fri 6/30/06
157
Revamp emergency
Improve safety
Mon 1/3/05
Thu 6/30/05
Develop
100%
Public Safety
management plan
Plan &
Training
Public Safety
158
Create medical
Improve safety
Mon 1/3/05
Thu 6/30/05
No. of
11
Public Safety
rescue team
trained staff
Public Safety
159
Location of West Side
Improve safety
Mon 1/3/05
Thu 6/30/05
Identify
100%
Public Safety
Station
location
;
- Public Safety
160
Design West Side
Improve safety
Fri 7/1/05
Fri 6/30/06
Needs
100%
Public Safety
Station
assessment
; Public Safety
161
Develop level 2
Improve safety
Fri 7/1105
Fri 6/30/06
Number of
6
Public Safety
rescue team
members
Public Safety
162
Special Projects
Tue 114105
Fri 6/30/06
163
n
Update Dept. Web
Public information
Tue 1/4/05
Thu 6/30/05
Percent
100%
.Public Safety
Site
accurate
?' - Public Safety
164
Pq
Daily use Web Site
Improve service
Fri 7/1/05
Fri 6/30/06
Complete
100%
Public Safety
project
Public Safety
165
®
Upgrade radio system
Improve safety
Fri 7/1/05
Fri 6/30/06
Complete
100%
Public Safety
project
E
Public Works General Services
166
Public Works, General
Fri 1/3/03
Fri 6/30/06
167
Vehicles
Mon 1/3/05
Thu 6/30/05
168
Prepare vehicle
Safety &
Mon 1/3/05
Thu 6/30/05
Prepare
100%
Public Works
replacement schedule
maintenance
schedule
General Services
i
Project: Projects 1.1.05-6.30.06
Date: Thu 1113/05
Task Progress Summary External TasksY Deadline
Split Milestone ♦ Project Summary External Milestone
Page 5.
ID
@
Task Name
Benefit
Start
Finish
Measure
Target
Resource Names
2003 12004
12005
2006 2007
Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3
169
Buildings &Grounds
Mon 11/1/04
Fri 6130/06
Administration
170
Energy efficiency
Lower green
Mon 11/1104
Mon 2/28/05
Prepare
100%
Administration
audit
house gas & costs
audit
4
171
Implement Energy
Lower green
Tue 3/1/05
Fri 6/30/06
Complete
100%
Administration
efficiency audit
house gas & costs
projects
Administration as i+;,
172
Cell towers
Improved service
Mon 1111/04
Fri 12/30/05
Annual
$500,000
Administration
& City revenue
lease
Administration
revenue
173
Recreation
Fri 1/3/03
Fri 6130/06
174Administration
Mon 113105
Fri 6130/06
175
Initiate Internet
Improve service
Mon 1/3/05
Fri 12/30/05
Install
100%
Recreation
registration
software
Recreation j
176
Recreation &
General Plan
Mon 1/3/05
Fri 6/30/06
Complete
100%
Recreation
parks master
implementation
plan
Recreation
177
Determine use of
Improve service &
Mon 1/3/05
Fri 6/30/06
Determine
100%
Administration
remaining COP
increase revenue
use of
Administration
funds
funds
-
178
Senior Center
Fri 1/3/03
Fri 12130/05
179
Organize
Increase revenue
Fri 1/3/03
Fri 12!30/05
Create
100%
Recreation
fundraising
committee
Recreation
committee
180
Increase
Increase revenue
Mon 1/3/05
Fri 12/30/05
Revenue
$1200
Recreation
advertising in
per year
Recreation
Recreation
181
Camps
Wed 6/1/05
Fri 9/30105
182
®
Streamline camp
Improve service
Wed 6/1105
Fri 9/30105
No. vs.
4 at 75%
Recreation
program
capacity
capacity
-
183
Facilities
Mon 113105
Fri 12/30/05
184
®
Increase rentals
Increase revenue
Mon 1/3/05
Fri 12/30/05
Revenues
10%
Recreation
through
Recreation
marketing
-
185
Youth Sports
Mon 113/05
Fri 12/30/05
186
®
Increase sports
Improve service
Mon 113/05
Fri 12/30/05
New sports
2
Recreation
offerings
added
Recreation
187
Contract Classes
Mon 1/3105
Fri 12/30/05
188
Increase classes
Improve service
Mon 1/3/05
Fri 12/30/05
New
5
Recreation
offered
classes
Recreation
189
Sports Center
Mon 1/3105
Fri 6/30/06
190
®
Increase
Increase revenue
Mon 1/3/05
Fri 12/30/05
Plan & No.
3 added
Recreation
marketing efforts
of pieces
pieces
Recreation
191
Evaluate
Increase service
Mon 1/3/05
Fri 12/30/05
Complete
100%
Recreation
membership
& revenue
evaluation
Recreation
192
Repair &
Improve service
Mon 1/3/05
Fri 12/30/05
Complete
100%
Recreation
maintenance
improvemen
Recreation
upgrades
193
®
Upgrade &
Improve service
Fri 7/1/05
Fri 6/30/06
Complete
100%
Recreation
replace
project
Recreation
equipment
194
Adult Sports
Mon 1/3/05
Fri 12/30/05
195
Add new sports
Improve service
Mon 1/3/05
Fri 12/30/05
No. of
2
Recreation
sports
Recreation
`_
196
®
Create new
Increase service
Tue 2/1/05
Fri 12/30/05
Increased
10%
Recreation
partnerships
& revenue
revenue
Recreation
Recreation
197
Start intertube
Improve service
Mon 5/2/05
Wed 8/31/05
Initiate
100%
Recreation
water polo
program
=
program
198
Redevelopment
Fri 1/3103
Mon 1/1107
199
Affordable Housing
Mon 113/05
Fri 6130/06
200
Instigate new
Assist low.mod
Mon 1/3/05
Fri 6130/06
Number of
50
Administration
affordable housing
income hhs
units
Administration
201
S3
Revise housing
Assist low/mod
Mon 1/3/05
Thu 6/30/05
Number of
10
Administration
rehabilitation program
income hhs
units
Administration
.
202
Special Projects
Fri 113/03
Mon 1/1/07
203
Disposition of
Redevelop site
Fri 113/03
Fri 6/30106
Sale of
100%
Administration
Stadium lands
parcels
Administration
"MMMMiS=MW
204
Development of City
Create community
Mon 1%3%05
Mon 111%07
Start
100%
Administration
Center
center
construction
Administration
Project: Projects 1.1.05-6.30.06
Date: Thu 1/13/05
Task Progress Summary External Tasks Deadline
Split Milestone ♦ Project Summary ` External Milestone IV
Page 6
ID
Task Name
Benefit
Start
Finish
Measure
Target
Resource Names
2003 2004
12005 20062007
Qtr 1 Qtr 2 Qtr 3 Qtr 4 1 Qtr 1 Qtr 2 Qtr 3 1 Qtr 4 1 Qtr 1 Qtr 2Qtr 3 Qtr 4 Qtr 1 at 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3
205
rq
Cell towers
Improved service
Mon 11/1/04_
Fri 12/30/05
Annual
$500,000
Administration
Administration
& City revenue
lease
revenue
t
Public Works Utility Services
206
Wastewater Collection Systen
Mon 11/1/04
Fri 12/29/06
207
Infiltration and Inflow
Mon 1/3/05
Fri 6/30/06
208
Pq
Locate infiltration
Reduce
Mon 1!3/05
Thu 6/30/05
Percent of
209/6
Public Works
locations in sewer
wastewater flow
system
Utility Services
Public Works Utility Services
209
Reduce infiltration
Reduce
Fri 7/1/05
Fri 6/30/06
Percent
10%
Public Works
into sewer system
wastewater flow
reduction in
Utility Services
Public Works Utility Services
210
Pump Station
Mon 11/1/04
Fri 6/30/06
211
fq
Replace pump #1 at
Increase reliability
Fri 7/1/05
Fri 6/30/06
Installation
100%
Public Works
older pump station
Utility Services
i Public Works Utility Services
212
MA
Install new flow meter
Monitor flows
Fri 7/1/05
Fri 6/30/06
Installation
100%
Public Works
at older pump station
Utility Services
[
Engineering
213
Acquire site for SW
General Plan
Mon 11/1/04
Thu 6/30/05
Acquire
100%
Engineering
pump station
implementation
parcel
_ Engineering
214
ffH
Design & build SW
General Plan
Fri 7/1/05
Fri 6130/06
Complete
100%
Engineering
pump station
implementation
project
j
Public Works Utility Services
215
Vehicles & Equipment
Fri 711/05
Fri 6130/06
216
Upgrade sewer
Improve
Fri 711/05
Fri 6/30/06
Percent of
80%
Public Works
camerae uipment
maintenance
equipment
Utility Services
Public Works Utility Services
217
ER
Replace 3/4 ton utility
Reduce
Fri 7/1/05
Fri 6/30106
Replacemer
100%
Public Works
pick-up truck
maintenance
Utility Services
Public Works Utility Services
218
Buildings
Mon 1/3/05
Fri 6/30/06
219
Repair and paint
Maintain facilities
Fri 7/1/05
Fri 6130/06
Percent of
100%
Public Works
exterior of pump
buildings
Utility Services
-
'Public Works Utility Services
220
Install no trespassing
Improve security
Mon 1/3105
Thu 6/30/05
Public Works
signs
Utility Services
'
Public Works Utility Services
221
Special Projects
Fri 711/05
Fri 6/30/06
222
Emergency response
Fri 7/1/05
Fri 6/30/06
Prepare
100%
Public Works
plan
plan
Utility Services
Public Works Utility Services
223
Connect SSU sewer
Monitor flows
Fri 7/1/05
Fri 6/30/06
Public Works
flow meter to SCADA
Utility Services
224
Sewer Force Main from
Mon 1111/04
Fri 12/30/05
Pump Station to
I
EWMWngineering
225
Project design,
Replace aging
Mon 11/1/04
Mon 5/30/05
Document
100%
Engineering
environmental review
line & General
preparation
Engineering
226
Project construction
Replace aging
Wed 6/1/05
Fri 12/30/05
Constructior
100%
Engineering
line & General
227
Sewer Main from East
Mon 1111104
Fri 12/29/06
Side to Pump Station
Engineering
228
Project design &
General Plan
Mon 1111/04
Thu 6/30/05
Document
100%
Engineering
environment review
implementation
preparation
Engineering
229
Project construction
General Plan
Fri 7/1/05
Fri 12/29/06
Constructior
1.00%
Engineering
implementation
_ Public Works Utility Services
230
Water Supply
Fri 10/1/04
Fri 6/30/06
231
Wells
Wed 12/1104
Fri 6/30/06
232
Replace chlorinators
Maintenance
Fri 7/1/05
Fri 6/30/06
Percent
20%
Public Works
replaced
Utility Services
=
Public Works Utility Services
233
ffy
Install pump to waste
Improve water
Fri 7/1/05
Fri 6/30/06
Percent
50%
Public Works
discharge valves
quality
installed
Utility Services
i =
Public Works Utility Services
234
Reduce arsenic
Improve water
Fri 7/1/05
Fri 6/30/06
Meet new
8 parts
Public Works
levels at wells 15,16
quality
standard
per billion
Utility Services
-
Public Works Utility Services
235
Replace leaking
Maintenance
Fri 7/1/05
Fri 6/30/06
Number of
8
Public Works
building roofs
building
Utility Services
i
Public Works Utility Services
236
93
Pressure wash &
Maintenance
Mon 1/3/05
Thu 6/30/05
Percent of
20%
Public Works
paint buildings
buildings
Utility Services
�` Public Works Utility Services
237
Pressure wash &
Maintenance
Fri 7/1!05
Fri 6/30/06
Percent of
80%
Public Works
paint buildings
buildings
Utility Services
I
public Works Utility Services
238
®
Install no trespassing
Increased security
Mon 1/3/05
Thu 6/30/05
Percent of
100%
Public Works
signs
sites
Utility Services
`� '- Public Works Utility Services
239Vulnerability
®
Increased security
Wed 1211/04
Fri 12/30/05
Prepare
P
1%
00
Public Works
assessment
assessment
Utility Services
_Y Public Works Utility Services
240
Storage Tanks
Fri 7/1105
Fri 6/30/06
241
®
Inspect, clean &
Maintenance
Fri 7/1/05
Fri 6/30/06
Percent of
100%
Public Works
repair
tanks
I
Utility Services
s ,F Public Works Utility Services
242
Install cathodic
Maintenance
Fri 7/1105
Fri 6/30/06
Percent
100%
Public Works
protection on tanks 3
installed
Utility Services
Project: Projects 1.1.05-6.30.06
Date: Thu 1/13/05
Task �I Progress Summary External Tasks �_ Deadline
�= ; � x
Split Milestone ♦ Project Summary e External Milestone
Page 7
ID
Task Name
Benefit
Start
Finish
Measure
Target
Resource Names
2003
12004
20052006 2007
Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3
243
Install booster pump
Improve reliability
Fri 7/1/05
Fri 6!30/06
Percent
100%
Public Works
VFD's at tanks 1, 2 &
installed
Utility Services
j Public Works Utility Services
]
244
Distribution System
Wed 12/1104
Fri 6/30/06
245
Divide system into
Improve east side
Wed 12/1/04
Thu 6/30/05
Percent
100%
Public Works
two pressure zones
fire safety and
completed
Utility Services
Public Works Utility Services
services
Works Utility Services
246
ER
Unidirectional
Improve efficiency
Mon 1/3/05
Thu 6/30/05
Prepare
100%
Public Works
distribution plan for
plan
Utility Services
7MPublic
247
Flush mains
Improve water
Fri 7/1/05
Fri 6/30/06
Percent
100%
Public Works
quality
completed
Utility Services
Public Works Utility Services
t
248
Water Meters
Mon 113/05
Fri 6/30/06
249
Replace commercial
Monitor flows
Fri 7!1/05
Fri 6/30/06
Percent
60%
Public Works
meters 2" & smaller
replaced
Utility Services
! Public Works Utility Services
Public Works Utility Services
250
Transfer backflow
Protect water
Mon 1/3/05
Thu 6/30/05
Percent of
25%
Public Works
information to Utility
quality
data
Utility Services
251
�
Transfer backflow
Protect water
Fri 7/1/05
Fri 6/30/06
Percent of
75%
Public Works
information to Utility
quality
data
Utility Services;,w
_ _ Public Works Utility Services
j€
j
i
i
i Public Works Utility Services
252
Vehicles & Equipment
Mon 1/3/05
Thu 6/30/05
253
Replace 3/4 ton utility
Reduce
Mon 1/3/05
Thu 6/30/05
Replacemer
100%
Public Works
pick-up truck
maintenance
Utility Services
Engineering
254
Special Projects
Fri 10/1104
Fri 6/30106
255
Water supply
General Plan
Fri 10/1/04
Fri 1/28105
Complete
100%
Engineering
assessment
implementation
report
o Engineering
256
®;
Water conservation
Reduce water use
Mon 1/3105
Thu 6/30/05
On track
13
Engineering
program
BMPs
257
Water conservation
Reduce water use
Fri 7/1105
Fri 6/30/06
On track
14
Engineering
program
BMPs
Engineering
258
n
Install new CIMIS Site
Reduce water use
Mon 113/05
Thu 6/30/05
Complete
100%
Engineering
installation
Engineering
€Public
259
Parks
Mon 1/3/05
Fri 6/30106
260
Implement new
Improve
Fri 7/1/05
Fri 6130!06
Complete
100%
Public Works
landscape
maintenance
implemental
General Services
Works General Services
q Public Works General Services
261
Replace sand with
Improve safety
Mon 1/3/05
Thu 6/30/05
Percent of
100%
Public Works
engineered fall
playgrounds
General Services
262
Resurface G Park
Maintenance
Mon 1/3/05
Thu 6/30/05
Complete
100%
Public Works
basketball court
project
General Services
Public Works General Services
Public Works General Services
263
Resurface H Park
Maintenance
Mon 1/3/05
Thu 6/30/05
Complete
100%
Public Works
basketball court
project
General Services
Public Works Generat Services
264
Replace playground
Improve safety
Mon 1/3/05
Thu 6/30/05
Complete
100%
Public Works
equipment at C Park
project
General Services
Recreation
265
Proposal to replace
Improve safety
Mon 1/3/05
Thu 6/30/05
Complete
100%
Recreationf4i
playground equip. at
proposal
Colegio Vista
I
t! Recreation
266
Replace playground
Improve safety
Mon 1/3/05
Thu 6/30/05
Complete
100%
Recreation
equip. at S Park
project
Recreation
267
®
Replace & relocate L
Improve safety
Mon 1/3/05
Thu 6/30/05
Complete
100%
Recreation
Park playground
project
i
268
Streets
Mon 1/3/05
Fri 6/30106
269
Replace painted road
Improve safety &
Mon 1/3/05
Fri 6/30/06
Percent of
75%
Public Works
markings with
maintenance
roads
General Services
Public Works General Services
270
Buildings
Mon 11/1/04
Fri 6130106
271
Implement HVAC
Improve
Fri 7/1/05
Fri 6/30/06
Implement
100%
Public Works
maintenance contract
maintenance
contract
General Services
Public Works General Services
±', City Manager's Office
272
Prepare energy
Reduce energy
Mon 11/1/04
Thu 6/30/05
Prepare
100%
City Manager's
conservation strategy
use & costs
strategy
Office
273
Implement energy
Reduce energy
Fri 7/1/05
Fri 6/30/06
Implement
100%
City Manager's
conservation strategy
use & costs
strategy
Office
= City Manager's Office
f
Project: Projects 1.1.05-6.30.06
Date: Thu 1/13/05
Task Progress Summary External Tasks , _ Deadline J
Split Milestone ♦ Project Summary External Milestone
Page 8
Meeting Date
Department:
Submitted By:
(Name & Tide)
Submittal Date:
Agenda Title:
DRAFT
CITY OF ROHNERT PARD
COUNCIL AGENDA ITEM TRANsmirffAL REPORT
January 19, 2005
City Manager's Office moi'
Carl Eric Leivo, City Manager
December 30, 2004
COMM X
Miscellaneous
Communications
Agenda I—Ig -0
p to:
Copy to:
Work Session — Program to mire a Permanent City Attorney
Requested Council Action: General policy direction from the Council.
Summary: The City Council has identified the selection of a permanent City Attorney and one of
its first projects in 2005. Time has been reserved during the Work Session to enable the Council
to determine the overall outline for the procurement process.
The League of California Cities has prepared a guide covering the relationship between the City
Council and City Attorney (attached). In addition, the City obtained a paper titled "The City
Attorney/Client Relationship" by the City of Bakersfield City Attorney (attached). Of the 464
cities, the League reports that 2/3rds of Cities hire contract City attorneys and the remaining
cities hire in-house City Attorneys. Whether the Council desires to hire a contract or in-house
City Attorney will have a major impact on the nature of the recruitment process. In deciding
whether to hire a contract or in-house attorney, the League suggestions the following
considerations:
1) "How many hours of legal work do you have per week?
2) How much of the work is specialized, such as redevelopment, personnel, and
utilities?
3) How much litigation do you have? Do you need litigation specialists or generalists?
4) How much office time does staff need for day-to-day matters?
5) Should the attorney be part of a management team, or is a consultant role sufficient?
6) Is it more economical to have a salaried employee or to pay hourly rates?" p. 9.
The City also has obtained a pointed discussion of the options from the City of Long Beach
(attached).
To assist the Council, staff has prepared a Decision Outline (attached). This Outline was
prepared for illustrative purposes. Please read each line with the following question in mind:
Does the City Council want to include this element in its procurement process? Please note that
Chapter 2 of the League Guide addresses the Recruitment/Selection Process.
If the Council decides to proceed with a City Attorney procurement process, one early decision
would be whether to hire An Executive Search specialist to assist the Council. Twelve firms
advertised executive search services in the December issue of Western City (attached). If the
Council desires such assistance, then City staff would prepare a Request for Qualifications for an
Executive Search firm.
The City obtained an outline of remarks made at the City Attorney's Department Conference in
2003 (attached). This presentation addressed the recruitment process from the perspective of an
applicant and provides insights into how to conduct a superior recruitment process.
Rohnert Park conducted a City Attorney procurement process in 1999. A copy of the City's
Request for Proposal is included for your reference (attached). In addition, the City obtained a
Request for Proposals from the City of Azusa for your reference (attached). City staff will
continue to search for recent examples of RFPs and RFQs.
For Council reference, the City obtained a prototype "Agreement for City Attorney Services"
from the League of Cities. Copies of the agreements between the City and Betsy Strauss and
MHA are also included.
CITY MANAGER'S RECOMMENDATION: O Consent Item Regular Time
( ) Approval () Public Hearing Required
( ) Not Recommended O Submitted with Comment
( Policy Determination bCouncil
( ) City Comments:
City Manager's Signature: Date: 1
JH-S:Council Agenda Transmittal City Manager Pio Te e
DECISION OUTLINE
1) Retain MHA as the Permanent City Attorney
a) If yes; negotiate terms of a City Attorney agreement with MHA
b) If no, undertake a City Attorney procurement process
2) City Attorney Procurement Process
a) Hire a Executive Search Specialist to Assist the City Council
i) If yes, City staff will prepare a Request for Qualifications for an Executive Search
specialist
ii) If no, City staff and the HR Department will provide logistical support for the
Procurement Process.
b) Prepare a City Attorney Profile
i) Stake holders identify the qualities desired in a Rohnert Park City Attorney
(1) Council determines Stake Holders
(a) City Council: does the Council want to create a Committee?
(b) Should Boards and Commissions be involved?
(c) Most City Attorney work is with members of City staff. Should they have
input?
(d) How should general citizens be involved?
(2) Process of identifying desired City Attorney qualities
(a) Informal meetings
(b) Joint retreats
(c) Formal hearings
(d) Written surveys
(e) Who will compile input?
ii) Qualities will be used to prepare City Attorney Request for Qualifications by
Specialist or Staff
(1) Identify minimum qualifications based upon desired qualities
(2) Identify desired qualifications based upon desired qualities
(3) Identify selection criteria based upon desired qualities
(a) Objective criteria to the extend possible
(b) Uniform application of the criteria
iii) City Council will approve City Attorney Request for Qualifications before
distribution
c) Review of Statement of Qualifications of potential City Attorneys
i) Administrative review of Statement of Qualifications
(1) Were the Statements of Qualifications submitted by the deadline, are they
complete, are they responsive to the Request for Qualifications.
(2) Identify candidates that do not meet minimum qualifications.
(3) Review completed by Executive Search Specialist or City staff.
ii) First interview
(1) Who should conduct the first interview
(a) Executive Search Specialist
(b) Council Committee
(c) Citizen's Advisory panel created by the Council
(i) Candidate applications cannot be kept confidential
(d) Staff committee
(2) Recommend finalists for second interview by the City Council
iii) Background check and interview of references
(1) Conducted by Executive Search Specialist or City Staff
(2) May include visit to other communities and interviews of key individuals
(3) Prepare background investigation report for the City Council
iv) Second interview
(1) Conducted by the City Council
(2) May be conducted in closed session
3) Employment Contract
a) Negotiated by Executive Search Specialist, City Staff, and/or Interim City Attorney based
on guidance of the City Council
b) Approved by the City Council
4
EE.AGUE
OF C-,Al.'F0RNIA
UEC IT, I ES
Y
l
;
EE.AGUE
OF C-,Al.'F0RNIA
UEC IT, I ES
LEAGUE
OF CALIFORNIA
CITIES
VISION
To be recognized and respected as the leading advocate
for the common interests of California Cities.
MISSION AND CORE BELIEFS
To restore and protect local control for cities through education and advocacy
to enhance the quality of life for all Californians.
WE BELIEVE:
Local self -governance is the cornerstone of democracy.
Our strength lies in the unity of our diverse communities of interest.
In the involvement of all stakeholders in establishing goals and in solving problems.
In conducting the business of government with openness, respect, and civility.
The spirit of public service is what builds communities.
Open decision-making that is of the highest ethical standards honors the public trust.
Cities are vital to the strength of the California economy.
The vitality of cities is dependent upon their fiscal stability and local autonomy.
The active participation of all city officials increases the League's effectiveness.
Focused advocacy and lobbying is most effective through partnerships and collaboration.
Well-informed city officials mean responsive, visionary leadership,
and effective and efficient city operations.
ABOUT THE LEAGUE
Established in 1898, the League of California Cities is a member organization that represents
California's incorporated cities. The League strives to protect the local authority and autonomy
of city government and help California's cities effectively serve their residents.
In addition to advocating on cities' behalf at the state capitol, the League provides its members
with professional development programs and information resources, conducts educational
conferences and research, and publishes Western City magazine.
02004 League of California Cities. All rights reserved.
ll� LEAGUE
OF CALIFORN ]A
iCITIES
COUNSEL AND COUNCIL:
A GUIDE FOR BUILDING A PRODUCTIVE
EMPLOYMENT RELATIONSHIP
ACKNOWLEDGEMENTS
The League thanks the following individuals for their work on this publication:
Valerie J. Armento
City Attorney, Sunnyvale
Helene Leckman Leichter
City Attorney, Morgan Hill
Richard S. Whitmore
Partner, Liebert Cassidy Whitmore
Kathi Bailey
Secretary to the City Attorney, Morgan Hill
Additional copies of this publication may be purchased by using the order form located on the
last page or by calling (916) 658-8257. Visit CityBooks online at www.cacities.org/store.
Counsel and Council: A Guide For Building A Productive Employment Relationship 2004 J
Introduction................................................................................................ 4
ChapterI: Nature of the Relationship............................................................ 5
Varied appointment 'structures create differing relationship dynamics .................................. 5
Who is the client and whom does the city attorney represent? .......................................... 5
Preserving confidences — who decides?.......................................................................... 6
Duties owed to the public.......................................................................
Legality of the city's conduct................................................................................ 7
Protecting the public interest................................................................................ 7
Ethicalduty......................................................................................................... 7
Prosecutorialduties............................................................................................. 7
Who defends the city's attorney?.................................................................................. 8
Chapter II: Recruitment/Selection Process ...................................................... 9
Contract or in-house city attorney?............................................................................... 9
Recruitment issues..................................................................................................... 9
Neededskills..........................................................:........................................... 9.
Findingapplicants...........................................................:................................... 9
Candidate concerns.............................................................................................. 10
Usingrecruiters................................................................................................... 10
Selectionfactors........................................................................................................ 10
Contract city attorneys................................................................................................ 10
Chapter III: Defining the Parameters of.the Employment Relationship .............. 11
State and local regulations.......................................................................................... 11
.Job descriptionsand job announcements....................................................................... 13
Job descriptions — outlining basic expectations........................................................ 13
Brief job description..................................................................................... 13
Minimum and preferred qualifications............................................................... 13
Jobskills..................................................................................................... 14
Listof tasks................................................................................................. 15
Job announcements — advertising desired qualifications and qualities ........................... 15
Performance evaluations ................... .......................................... :................................ 15
Evaluationforms................................................................................................. 15
Evaluationprocess............................................................................................... 16
Performance-based -management in the evaluation process ......................................... 16
City attorneys and "performance measures..................................................................... 17
The goal of performance measures........................................................................... 17
Types of performance measures.............................................................................. 17
The difficulty of applying performance measures to law offices ................................... 17
Summary.................................................................................:.......................... 19
2 League of California Cities • WWW.Gacities.org
Counsel and Council: A Guide For Building A Productive Employment Relationship 2004
Chapter IV: Negotiating the Employment Relationship .........................
Chapter V: Maintenance of the Employment Relationship ................................ 21
Understanding what the city attorney actually does ......................................................... 21
Sticky situations — questionable legal behavior, legal mandates, and counselor
versusadvocate ................................... ........................................................:...... 22
Questioning the attorney's advice................................................................................. 22
Effective communication with the attorney.................................................................... 23
Sharedinformation............................................................................................... 23
Preventive legal advice .........:.... 23
..................................................................
Avoiding policy advice........................................................................................... 2.3
Chapter VI: Separation from Employment....................................................... 25
Putit in writing ......................................... ..................
.............................................. 25
Severancepay............................................................................................................ 25
The termination and the media.................................................................................... 25
ChapterVII: Conclusion................................................................................ 26
Endnotes..................................................................................................... 27
AppendixA................................................................................................. 28
AppendixB................................................................................................. 43
League of California Cities • www.cacities.org 3
Counsel and Council: A Guide For Building A Productive Employment Relationship 2004
LEAGUE
OF CALIFORNIA
CITIES
Introduction
This booklet is intended to assist city council members and city attorneys in defining the structure of their
employment relationship.
Among the issues addressed by this booklet are:.
• The nature of the employment relationship.
• The recruitment and selection of a city attorney and defining his or her role.
• Defining the parameters of the city attorney -city council employment relationship.
• Maintaining a viable employment. relationship.
• Effectuating an amicable and enforceable conclusion to the employment
relationship.
• Suggested employment agreement provisions for both contract and in-house
city attorneys.
This booklet should serve as a starting point for discussions about how the relationship should be viewed.
It offers practical suggestions on structuring the employment relationship in an effort to achieve both parties'
objectives and expectations.
This booklet evolved from a survey given to all city attorneys, both contract and in-house, in March 2001.
The survey asked about such issues as:
• Particulars about the employment relationship between city attorneys and their councils.
• The city attorney hiring process and whether there was an employment agreement.
• How the city attorney's job performance was evaluated, and what role the city attorney
played in the organization and community.
Attorneys were asked to provide copies of employment agreements and other documents governing their
employment, such as charter. provisions, municipal codes, resolutions, and civil service rules and regulations.
A total of 148 surveys were completed and returned. The results were tallied and the agreements and other
documents analyzed. The goal of this booklet is to put the results into context by exploring the basic
aspects of the relationship between a city attorney and his or her council.
4 League of. California Cities • www.cacities.org
I. Nature of the Relationship
The traditional attorney-client relationship is often viewed
as pre -defined and static - the client asks for legal advice
and/or representation and the attorney provides it.
However, due to the integration of the city attorney into
the management structure of the public entity, and the need
to address challenging and evolving public policy issues,
the nature of the relationship between city attorneys and
their employers is a very dynamic one. Yet, despite this
dynamism, many aspects of the relationship are defined by
more stable and long-standing issues, including the duty
owed by an attorney to his or her client, as well as broader
ethical obligations owed by the attorney.
This section explores current issues underlying and defining
the relationship between a city and its attorney. It includes
a discussion of management trends and offers some practical
tips for achieving a positive working relationship for everyone.
A. VARIED APPOINTMENT STRUCTURES
CREATE DIFFERING RELATIONSHIP
DYNAMICS
Some city attorneys are city employees, and some are members
of private law firms. Some are elected, a few are appointed
by the city manager and most are appointed by the city
council. Some serve for a specified term, and some serve
at the pleasure of the appointing authority.
Attorneys appointed by the city manager or elected by
the voters may have a different relationship with the city
council than those appointed by the city council.
Appointment by the city council may create a more
traditional employer-employee relationship and, at times,
loyalties and reporting obligations may become blurred.
Nature of the Relationship
CHATER
Regardless of how a city attorney takes office or his or her
classification, he or she remains the chief legal officer of
the city. The city attorney's job is to provide legal advice
to minimize the city's liability and promote compliance
with the law. The relationship between the city council
and city attorney is a critical component in ensuring
that the city functions as a well-managed organization
and in accomplishing the public policy objectives of
elected officials.
B. WHO IS THE CLIENT AND WHOM DOES
THE CITY ATTORNEY REPRESENT?
Who does the city attorney represent? Is it a corporate
"city' client? Are individual "public officials" clients?
Is the "public" the client? Is it some combination of all of
these? California courts have not provided much guidance
on this subject. However, the courts have made it clear
that government lawyers are governed by the ethical
standards of the profession. In California, these standards
are contained in the Rules of Professional Conduct of the
State Bar of California. Not all duties are in the Rules,
however, nor do the Rules supersede case law.
League of California Cities • www.Gacities.org rj
Counsel and Council. A Guide For Building A Productive Employment Relationship
The Rules of Professional Conduct define an attorney's
role and responsibilities in representing an organization
They say, in part, that:
In representing an organization, a member shall conform
his or her representation to the concept that the client
is the organization itself, acting through its highest
authorized officer, employee, body, or constituent
overseeing the particular engagement.'
So, in response to the question, "Who is the client?" this
rule states that for a city attorney, the client is the city -
the municipal corporation as a whole. For purposes of
giving advice, receiving direction, and providing
representation, however, the question remains,
"Who is the city?"
In general terms, the city attorney takes direction from
a majority of the council. He or she cannot take any action
requested by an individual council member contrary to the
desires of the city as expressed by the council majority.
However, given the nature of legislative entities, which
may often be split with a consistent "majority' and
"minority," the city attorney must provide balanced
legal advice to both sides.
The Rules of Professional Conduct recognize that a city
may be embodied in various constituent parts. The rule
goes on to state that a city attorney's dual representation
of the entity as well as its directors, officers, or other
constituents in a given matter may only occur with the
city council's consent.
Under rule 3-600 of the Rules of Professional Conduct, an
individual council member or other city official (such as the
city manager) is not the client. There is no attorney-client
confidentiality in these communications. Advice may only
be given to an individual in his or her capacity as an
officer of the city. Such advice is subject to disclosure to
the city council. For example, if a city council member has
a conflict of interest that could result in the invalidation
of the council's decision under state conflict of interest
Laws, the city attorney must advise the council of the
consequences of the conflict if the council member fails
to disclose the conflict and abstain.
Even though the city attorney's client is the city itself,
there are times when the city attorney owes a duty of
defense to an individual employee under the California
Government Tort Claims Act.' If a lawsuit alleges an act or
omission that arose out of the course and scope of public
employment, the entity has consented to dual representation
by operation of law. For the limited purpose of the lawsuit,
the city attorney has a relationship with both the city and
employee. A city may refuse to undertake a joint defense
if a specific conflict of interest would result, but the city
must pay costs of a separate defense attorney.
2004
The league's Municipal Law Handbook provides practical advice on the ,
Jort Claims Act: and other, areas'of municipal lawJhe handbook can,
bd lovnd pithe leagues websiie in the Muni taw Research Center,
at www.cacitiesorg)munilaw. This publication is available; .
for purchase tbrough CityBooks by calf g J916) 658-8257, ;p
'or online. at www.cacities.org/slore.
C. PRESERVING CONFIDENCES —
WHO DECIDES?
In Roberts v. City of Palmdale,' the California Supreme Court
recognized that an attorney-client privilege exists in the
public arena. Communications between the city attorney
and the city council may be kept confidential. However, it
is important to be clear as to who holds the confidentiality
privilege. Because the city attorney's client is the city —
as embodied by the city council — it follows that the city
council holds the privilege. As the holder of the privilege,
the city council may decide to waive the privilege and
disclose the city attorney's communications to the general
public. This should be a decision made by a majority of
the council expressly stated on the public record. It should
not be the decision of an individual council member.
Another aspect of the attorney-client privilege is that the
city attorney's communications on substantive matters with
staff members cannot be kept confidential from supervisors.
Communications with individual council members on city
business. cannot be kept confidential from the full city
council. It is important for each city official to understand
this principle in order to avoid misunderstandings.
6 League of California Cities • www.cacities.org
D. DUTIES OWED TO THE PUBLIC
In addition to acting as an advisor or advocate for the city,
the city attorney owes two duties directly to the public: to
act as a check on governmental action in certain limited
circumstances, and to accurately advise the public when
called upon to do so. In addition, the city attorney may
have the direct authority to enforce certain laws.
1. Legality of the City's Conduct
The city attorney's advice as to the legality of the
city's conduct also appears to be intended to act
as a check on illegal city conduct. This may occur
where the city attorney has the duty to review
claims or contracts or to provide written consent
prior to a given action, such as the destruction
of records! In other contexts, the city attorney's
only duty is to the public, such as when he or
she prepares a true and impartial title and
summary of an initiative measure." State law
also grants city attorneys the right to bring
certain civil enforcement actions in the name of
the People, such as the abatement of nuisances
or violations of the Unruh Civil Rights Act.9
2. Protecting the Public Interest
The city attorney is also called upon to advise
the city to follow laws designed to protect the
public interest. These duties include giving advice
during hearings to ensure not only that the
public entity follows the law, but also that the
applicant receives due process. The city attorney
may also be called upon to determine whether
the public has the right to access the city's
records under the Public Records Act.10
3. Ethical Duty
At times, the question arises as to whether city
attorneys have a higher ethical duty to the public
than exists for attorneys representing private
parties. The Rules of Professional Conduct provide
no distinction between public and private attorneys
when handling civil matters. The American Bar
Association's standards (which do not have
binding effect in California) suggest public
lawyers may have a higher duty:
A government lawyer in a civil action
or administrative proceeding has the
responsibility to seek justice and to develop
a full and fair record, and he should not use
his position or the economic power of the
government to harass parties or to bring
about unjust settlements or results."
Nature of the Relationship
4. Prosecutorial Duties
City attorneys deal mainly with civil legal
matters. In some cities, the city attorney also has
prosecutorial duties for certain criminal matters.
In such instances, the city attorney represents
the People of the State of California, not the
city. Case law holds that a prosecuting attorney
is a public officer and not an "attorney' who
represents a "client."" As a result, the city
attorney is not subject to taking direction from
the city council with respect to prosecuting
criminal matters. Instead, the prosecuting
attorney is vested with the discretionary power
to determine whether to prosecute.73
The fact that the city attorney does not represent
the city when prosecuting a criminal case can
mean two things:
• An attorney-client privilege will not
protect city attorney communications and
documents prepared for a criminal case
from disclosure when such information is
later sought by parties in a civil case in
which the city is not a defendant.
• The city council cannot require the city
attorney to bring a criminal action or in
any other way interfere with the city
attorney's discretion with respect to
the disposition of a case.
The United States Supreme Court has held
attorneys prosecuting criminal matters to a
higher standard than when conducting civil
actions or administrative proceedings.
[The prosecutor] is the representative not of
an ordinary party to a controversy, but of
a sovereignty whose obligation to govern
impartially is as compelling as its obligation
to govern at all, and whose interest, therefore,
in a criminal prosecution is not that it shall
win a case, but that justice shall be done."
In California, this higher standard has been
applied to city attorneys prosecuting criminal and
nuisance abatement cases. It is important that
city officials be mindful of these particular duties
owed by the city attorney to the public so they
can work cooperatively with the city attorney to
resolve situations where a perception 'exists that
prosecution (or non -prosecution) of the case
conflicts with the city's interests.
League of California Cities • www.eacities.org
Counsel and Council: A Guide For Building A Productive Employment Relationship 2004
E. WHO DEFENDS THE CITY'S ATTORNEY?
As a public official, the city attorney is entitled to defense
and indemnification with regard to acts or omissions
arising out of the course and scope of his or her
employment.15 If charges are filed with the State Bar
against a city attorney, the city does not have a duty
to provide the attorney with a defense, but it has the
discretion to do so. A city attorney is acting in his or
her capacity as an employee when making a request for
representation in such a proceeding. The city should seek
Legal advice from independent counsel with regard to the
Legality or propriety of providing the city attorney with
such representation.
Most contract city attorney agreements include a discussion
of these issues and many reverse the duty - under these
agreements the attorney defends and indemnifies the city.
Virtually all contract city attorneys provide malpractice
insurance to protect not only themselves, but the city
as well.
s League of California Cities • www.cacities.org
II. Recruitment/ Selection Process
Recruitment and selection of city attorneys is a complex
decision-making process. It is usually conducted in one of
three ways:
(1) Through in-house personnel specialists;
(2) Through a professional recruiter; or
(3) By the council members themselves.
Whatever method is used, there are issues of concern that
are common to all. This section discusses the various types
of recruitment methods with a special discussion regarding
contract attorneys.
A. CONTRACT OR IN-HOUSE
CITY ATTORNEY?
The first task in any recruitment and selection process for
a city attorney is to determine whether to have a contract
or in-house attorney. The city council needs to fully
analyze the relative merits of each option from both a
fiscal and administrative standpoint in making its decision.
From a fiscal standpoint, whether an .in-house office is the
most prudent alternative depends on a number of factors.
These include the volume of work to be performed and whether
one person can efficiently do the job, whether support staff
will be necessary or if the office will require assistance
from outside counsel, and whether it is more cost effective
Recruitment/ Selection Process
CHAPTER,
A -11 -
simply to retain a full-service outside law firm. A thorough
review of current legal costs, and a comparison of those
costs with other cities with similar needs, should be performed.
An administrative analysis should include whether city
staff and council members need a large amount of daily,
informal legal advice. If not, perhaps the council will be
more comfortable with an attorney who provides more
limited coverage. In large part, this depends on the volume
and urgency of legal questions that need to be answered.
In addition, councils should evaluate whether they want
the city attorney to be a fully integrated member of the
management team. If so, this objective may be best
achieved by having the attorney be a city employee
rather than retained on a contract basis.
B. RECRUITMENT ISSUES
I. Needed Skills
One of the primary concerns in recruiting a
city attorney is what experience and skills
should be required of the applicants. Expertise
in relevant legal fields is a given — few councils
are interested in candidates who need on-the-job
training. Moreover, because the city attorney's
role is becoming increasingly more important in
the day-to-day functioning of city government,
many councils are placing a greater emphasis
on managerial skills, including law office
administration. City attorneys are often members
of the city's management team. They are involved
in the decisions made by their executive teams —
and not just as legal consultants. This growing
emphasis on managerial expertise means that
city attorney applicants who possess experience
in areas such as budget administration and
personnel supervision make attractive candidates.
2. Finding Applicants
Some city councils may seek to recruit a sitting
city attorney with several years' experience,
whether in-house or contract. Beyond that, viable
candidates include practicing assistant or deputy
city attorneys, and attorneys practicing in law
firms that specialize in municipal law. However,
these candidates may not possess the breadth
of subject matter or administrative experience
councils are looking for. Given the increasing
complexity of municipal law, hires from outside
this limited applicant pool are rare.
League of California Cities • www.cacities.org 9
Counsel and Council. A Guide For Building A Productive Employment Relationship 2004
3. Candidate Concerns
Practical concerns of the candidates, such as
relocation and moving expenses, need to be
addressed. This is especially true if the city is
in an area with high housing costs. Candidate
recruitment is also becoming more difficult from
the attorney's perspective. Candidates today are
more likely to want explicit assurance of control
over the legal affairs of a city to avoid conflict
with department heads.
4. Using Recruiters
The use of recruiters appears to be on the rise for
practical reasons. While some cities still turn the
recruitment process over to their in-house human
resources professionals, some may not have the
resources to conduct the kind of in-depth, statewide
recruitment efforts necessary to create a viable
pool of candidates.
Recruiters often maintain contact with a variety
of city attorneys with varying skill levels and
expertise. They are in a good position to judge
the available candidates in the job market and
how those candidates fit the profile the council
has of its desired city attorney. Because of their
knowledge of the job market, recruiters are
also able to advise city councils as to what
compensation and benefit package may be
necessary to entice the best candidates.
C. SELECTION FACTORS
A successful selection process depends on large
part on the thoroughness of the recruitment
process in finding viable candidates. There should
be a recruitment process that identifies potential
candidates through both targeted recruitment
efforts and through the use of job announcements
in Western City Magazine, professional journals
and other media. After an initial screening of
resumes, the recruiter or human resources director
should conduct telephone or in-person interviews.
Finally, interviews with the city council
should follow.
Although rare, a citizens' advisory panel may
conduct interviews. However, this process
may raise some problems. It could create
the perception that the selection of the city
attorney will turn on political issues rather than
professional abilities. Such panels also eliminate
the city's ability to ensure that candidate
applications will be kept confidential. This is
important because some candidates request
confidentiality in order not to have a negative
impact on their current employment, especially
if not ultimately selected for the position.
Selection criteria should be tightly controlled at
the initial screening phase. Candidates who do
not meet the minimum qualifications should be
rejected. Selection of candidates to attend
council interviews should also be based on
objective criteria. These may include specialization
in needed practice areas, or years of service in
a commensurate sized agency. The adoption and
uniform application of objective criteria at this
stage may assist in defending the selection
process or outcome. It may be used to counter
any claims of bias or inconsistency in the process.
The interview with the city council usually involves
set questions asked of each candidate. Some type
of free -form discussion often takes place. This
discussion should be memorialized. Each council
member should record his or her impressions and/
or scores of each candidate. Following the interviews,
the recruiter or human resources director may
assist the council in ranking the candidates.
D. CONTRACT CITY ATTORNEYS
Although portions of the above discussion
relate both to in-house and contract city
attorneys, there are specialized concerns relative
to contract city attorneys. One difference is that,
for contract city attorneys, requests for proposals
are generally sent out to prospective firms or
individuals to provide legal services, as opposed
to targeted recruitment efforts.
In evaluating contract city attorney candidates,
the council should examine the following factors:
• The depth of a candidate's (or their firm's)
legal knowledge and experience in municipal law.
• The availability of the attorney.
• Whether the person selected will perform the
work or whether another member of the firm
will perform it.
• The billing structure. For example, will the city
be billed on a flat rate or hourly basis? Particular
attention should be paid to "add-ons," legal
costs for matters billed in addition to the basic
retainer amount, such as code enforcement actions.
10 League of California Cities • www.cacities.org
Defining the Parameters of the Employment Relationship
III. Defining the Parameters of the
Employment Relationship
The relationship between a city and its attorney is
defined by two primary governing boundaries:
1. Externally through state and local
regulations; and
2. Internally through the job description,
job announcement, and performance
evaluation forms.
This section examines the parameters that establish
the skills, experience, and character traits needed by
a particular agency in its city attorney, and form the
basis of the employment relationship.
A. STATE AND LOCAL REGULATIONS
California law pays sparse attention to defining the
relationship of the city attorney to the rest of the city
government. The few provisions of the law that address
the subject consist of the following:
1. The city attorney shall advise the city
officials in all legal matters pertaining
to city business."
2. The city attorney shall frame all
ordinances and resolutions required
by the legislative body. 17
3. The city attorney shall perform other legal
services required from time to time by the
.legislative body.18
4. With the consent of the district attorney of
the county, the city attorney of any general
law city or chartered city within the county
may prosecute any misdemeanor committed
within the city arising out of violation of
state law."
CHAD ER
5. Whenever the city attorney is acting as a
prosecutor in a criminal case pursuant to
any provision of law or under a city charter,
the city attorney shall have the power to
issue subpoenas in a like manner as the
district attorney.20
6. The city attorney shall receive compensation
as is allowed by the legislative body.21
7. A city may limit or prohibit the private
practice of any attorney it retains or
employs.22
Many municipal codes and city charters use these concepts
in describing the position and responsibilities of the city
attorney. Such descriptions may provide further detail as
to whom the attorney provides advice and enumerate the
types of documents the attorney will handle. They may
describe the city attorney's duties to represent the city in
various kinds of litigation and administrative proceedings.
They may state that the city attorney .advises certain
boards and commissions or performs general counsel
services when the city council functions in another
capacity, such as the redevelopment agency. In some
cities, they may assign the city attorney risk management
responsibilities.
League of California Cities • www.cacities.org 11
Counsel and Council. A Guide For Building A Productive Employment Relationship 2004
The following are general statements found in.various city 6 rteis and municipal codes're'garding.the
responsibilities of city aftorneys�
The City Attorney's Office is committed to represent, support and
the Wand the;Agency.The City AttomeysOffiee monitors 'cas'e's
provide legal advice to the Mayor and City Council, department
assigned to contra jepal cannspl and ensures timely reporting to
heads and staff members of the various City departments; to
the Council on these cases as well as those handled in-house. -
aggressively defend its client in litigation; to initiate'litgation at the
(City of Fresno}
direction of the City Council; to render timely legal advice to City
The City Attorney is the cfiief legal officer of the City and is `
boards, commissions and committees; to research an,d provide
. 'appointed by, and responsible to, the City Council. the City
information on legal issues; to prepare legal documents, including
Attorney's Office represents theCity Council and tie Cirys bbaids,
ordinances, resolutions and contracts; and to review and prepare
I %'
commissions officers and em�oyees in legal proceedings m,which
amendments to the City Charter, and Municipal Code to maintain
the City. is•concerned or is -a pariI.y, It is also tbe`responsibiGiy of the
consistency, with current state and federal laws.
City Attorney's Office to advise the City Council end �all, boards,'
/City of Bakersfield)
commissions, officers and,emp]oyees'df the city,ropMing their ,
The City Attorney's Office provideflegal advice to City government
official duties. The City Attorneys Office prepares and approves.
to minimize liability and ensure conformance to legal constraint&
ordinances; resolutiorts, contracts and- Act legal docti'ments and
The City Anorney determines the merits of claims and defends
prosecutes all,violationi of the Mumeipal Code.
against suits filed, while also filing suits on behalf of the City,
[City of Modesto)-
lCity of Berkeley)
The C Attorney,is a ointed b the Council as the Attorne '
dY' .PP Y �Y+ Y
The, City Attorney is responsible for providing legal services to the
• f?! the_ City and legal advisor to the City "Council. The Crry Atttirriey
City, including the City Council, the various City boards and
hires siibordinate'etturneys to `assist in the discharge of assigned
commissions, as well as City departments and officers, The -City,
responsibilities. The'City Attorneys Office defends amf prossetutes
" Attorney is responsible for'representing the City in all litigation to
or retains counsel to defend'and:prosecute all civil acfibns and
which the City is a party, either- as a plaintiff or defendant; preparing-
"e -r proceedings to`which.the City is a'' and prosecutes all °criminal -
,andJur•approving as to form.611 City ordinances, resolutions, and
actlons:involviiig fhe City Code. The Office represents and advice's
contracts; rendering legal opinions to the City Council, City
the Councff boaiktcrrruitissnir s, departments, ;ittd aH Cq, officials
departments, and City nfficeis; and prosecuting violations of
in maders`of law related to the conduct of GO business,
` the Municipal Code.
[City of Moofila n Ketir)
(City OfChico)._
.,_ 'The°Crty'Attorneys;tlfhce provided legal advice io-City officials end'
The -City Attorney's Office represents and' advises the Mayor, City
employees;: draf . legal doeumetifs in'order to'proiect the CWS
Council; certain City boards and commissions, and City officials and
=interests ano advance its goals represents the Cjiyand ts,officers
o
:. ...
departments in legal matters pertaining io thou office,and City
.
:and etiipinyi es;'ienfoices City lows, and encourages comp!iance.
operation`s, and prepares legal:opinions,`iirdmances •resofuboris
With and respect for the lawn
contracts, and'other.documentsregiiested'ti}rCuuncit-and'City
ICify of Sarrta Barbara) v
organizations � and, implcmemsthe legal aspects -of various, policies
The Cita Attomay is appamted by the Cary -bunco. try law toe1
and programs established by the Cityr'The `City Alto rney`s Office
City Attorney advises City of#iciais in aU°legal "natters pertaining to
serves:as counsel and represents and appears for the C►ry and
GtY busm> ss, drafts`or' approves ill ordinances,, of `
certain boards, eommissibns, and agencies of the City in civil and
the City Covocil,-and prosecutes violations of City ordmibces and
administrative proceedings. The City Attorneys Office also handles
egulatioiis:The City Attorney "nay perform o#h" legal Services
criminal Irrigation aspart of the Office 's code, enforcement
required orauthorized from" time to timed by the Coy+ Council,
responsibilities. The City Attorney's Office also serves as counsel for
including representation of thr City in litigation and prep5drig
%
the Redevelopment Agency, and performs,_ often in conjunction with
- : •
agreements or other`documents involving complextransaetions,.
special counsel, the legal work involved in financing -transactions for
Of�Xa� "
12 . League of California Cities • www.cacities.org
B. JOB DESCRIPTIONS AND
JOB ANNOUNCEMENTS
1. Job Descriptions -
Outlining Basic Expectations
The primary purpose of a job description is to
outline the basic skills and qualities necessary
for the city attorney to perform his or her duties
effectively. A secondary purpose is to outline the
general performance standards the city attorney
will be expected to meet. In addition, the job
description outlines any needed physical or
mental abilities, serving as the blueprint for
compliance with the Americans with
Disabilities Act.
Job descriptions for city attorneys are normally
broken down into four components:
• A brief definition of the job.
• Minimum qualifications needed to enter
and/or retain the job.
• Skills and characteristics necessary to perform
the job at an acceptable level.
• A descriptive list of typical tasks the city
attorney will perform.
These components share many of the same
qualities, but a city may give different emphasis
to various components reflecting the differing
desires of that city.
Cities considering revising their job descriptions
should, at a minimum, include these four
components. Thought and care should be used
in writing the job description since it is often
the first document the city uses to communicate
with applicants about the particularities of the position.
The job description should also be the basis for
an integrated evaluation system.
a. Brief Job Description
A city attorney's position is often defined
in fairly nebulous language. However, most
job descriptions define the position by
emphasizing the broad range of generalist
Legal services the city attorney is expected
to provide, including:
• Legal services to the city council, city
departments, and. various boards and
commissions, and
• Professional and administrative work as
the chief counsel and legal representative
of the city.
Defining the Parameters of the Employment Relationship
Job descriptions often also say that the city
attorney is responsible for representing the
city in litigation, and for drafting all
applicable ordinances, resolutions, and
legal documents.
b. Minimum and Preferred Qualifications
The purpose of the qualification section
is to clearly describe the basic minimum
qualifications needed for the position.
Minimum qualifications for city attorneys
always include a juris doctorate degree
(usually from an educationaL institution
approved by the American Bar Association)
and membership in the California State Bar.
Many cities also require a minimum amount
of time practicing law, ranging from three
to ten years.
Beyond these basic requirements, various
agencies may indicate that they prefer the
city attorney to have experience in particular
subject areas, such as land use, personnel,
or redevelopment law.
One area of controversy is whether cities can,
or should, include the requirement that the
city attorney live within the city Limits.
Currently, cities -cannot legally require that
their employees do so,23 but they can require
that employees live within a certain response
time from the city.24 (This distinction is
based on the need for personnel to respond
to work in the case of an emergency.)
Although such a concern cannot be phrased
as a requirement in the job description, it
can be a matter of contractual negotiations
between a public entity and its city attorney.
Finally, the job description should specifically
state that these are minimum qualifications
only, in order to prevent applicants and/or
employees meeting these minimum
requirements from asserting that they are
fully qualified for the position and are
therefore entitled to the job.
League of California Cities . www.cacities.org 13
Counsel and Council. A Guide For Building A Productive Employment Relationship
c. Job Skills
The job skills component of the job
description should be drafted with two
thoughts in mind:
• What are the basic, day-to-day working
skills expected of the city attorney, and
• What are the council's expectations for
communication skills, not only with the
council, but also with the public and staff.
The skills listed in the job description should
reflect those that the council believes its
ideal city attorney should be capable of
performing. It should articulate those skills
through language that is precise enough to
communicate the skill required, yet broad
enough to encompass the many facets of
that particular skill set.
Some job descriptions require that city
attorneys possess only a general knowledge
of legal precepts and research skills. Many
job descriptions go beyond a basic skill set
common to all attorneys and require specific
knowledge and even "mastery" of certain
municipal law subjects, such as
redevelopment, personnel and labor
relations, and real estate transactions.
A growing number of job descriptions also
emphasize interpersonal and communication
skills. Some job descriptions simply require
the ability to "maintain constructive
relationships" with others, while some
require the more outgoing "ability to
engage' individuals or groups. The manner
in which communication and interpersonal
skills are described helps communicate the
council's expectations.
Another frequently included skill is
keeping the council informed of significant
developments. Finally, many job descriptions
require the attorney to be a part of the
management team, yet retain the objectivity
and independence that the city council
relies on.
Unlike minimum qualification requirements,
desired skills are sometimes qualified by
language that a "combination" of some skills
is required, or some skills may be designated
as "preferred" versus "helpful." Cities should
avoid characterizing skills as necessary,
preferred, or merely extraneous. The needs
of a city — and the needed skills of the city
attorney — may change over time.
2004
14 League of California Cities • www.caGities.org
npbons
d. List of Tasks
Finally, the tasks section of a job description
should outline the essential physical
functions of the position. This satisfies the
Americans with Disabilities Act's requirements
to articulate, in advance, the employer's
expectations for performance.25 Many city
attorney job descriptions are focused on
sedentary activities, including the ability to
perform computer and desk jobs in a
repetitious manner and the ability to sit for
tong periods of time.
2. Job Announcements—Advertising Desired
Qualifications and Qualities
Job announcements placed in professional journals
and flyers are a city's primary opportunity to
describe what type of city attorney is being
sought. Because the language in the job announce-
ment may be used to legally define the employment
relationship between a public agency and its
attorney, any pronouncements or guarantees in
these documents should be carefully phrased to
avoid unrealistic expectations.
C. PERFORMANCE EVALUATIONS
Within the last ten years, many cities have instituted
formal evaluation systems for their city attorneys. This
trend appears to be consistent with the increasing use of
formal employment contracts between cities and attorneys.
It may also be attributable to the rise in litigation by
public employees against their employers.
Evaluation processes vary widely, from informal discussions
to structured facilitated sessions that rely on feedback from
department heads, especially the city manager, in evaluating
the city attorney's performance.
The advantages of a formalized performance evaluation
process are many. When hired, a city attorney may receive
only general direction from the council regarding performance
expectations. The lack of direction may stem from the
inherent structure of the attorney-client relationship
Defining the Parameters of the Employment Relationship
(how can the client tell the attorney how to accomplish
the legal result?). A formal performance evaluation system
can help the council set the legal goals it wants its
attorney to achieve and direct, to some extent, how those
goals are to be accomplished. Performance evaluations may
also set the stage for wage and salary adjustments.
If council members are reluctant to discuss performance
expectations and whether those.expectations are being
met, a formal evaluation process may make those
discussions easier. It may also help improve communication
between the council and city attorney. Performance
evaluations and periodic reviews are invaluable in
assisting the city council to refine its priorities.
Finally, a formalized evaluation process helps to protect
the city from potential liability. It sets out what the
expectations are for the city attorney and helps avoid
surprises for both sides. If done correctly, it creates a
paper trail documenting the city attorney's performance
that may be. helpful should a question of adequate
performance ever arise.
1. Evaluation Forms
A performance evaluation form is the starting
point for any evaluation system. It should reflect
the elements of the position as outlined in the
job description and it should be tailored to
accommodate any particular goals and standards
that have been established between the council
and the city attorney.
Formats for performance evaluation forms vary
widely from agency to agency. Some stress a
narrative system where comments on performance
areas (such as "ability to interact with peers')
are entered. All of the comments may be given to
the attorney or condensed to form a "consensus"
opinion. Other formats have a highly rigid point -
based system for specifically articulated goats,
such as "number of municipal code provisions
amended."
Ideally, the evaluation form and job description
should be drafted at the same time. Both documents
define the attributes and type of attorney the
council desires. The best time to think about
those characteristics is before any candidate is
interviewed. Drafting the evaluation form prior
to hiring also allows the potential candidates to
have a more in-depth sense of the council's needs
and expectations for a city attorney.
League of California Cities • www.cacities.org 15
Counsel and Council., A Guide For Building A Productive Employment Relationship
A drawback in drafting the evaluation form prior
to hiring the attorney, however, is that the
successful candidate is not allowed input into
the process. For this reason, the form should be
somewhat flexible to accommodate suggested
changes from the successful candidate.
For More Information.
Sample C" attorney eualuat 0 forms can be found omthe
Laguesebsrtf �twwwccipesorgJeualuatlo�:
2. Evaluation Process
One approach to the evaluation process is to
have the city attorney and each council member
complete an evaluation form. A meeting would
then be held to review the comments and
assessment of the city attorney's performance.
This process works well where a .good relationship
exists between the council and attorney. If,
however, there are serious performance deficiencies
and/or tension between the attorney and one
or more council members, this process could be
problematic and unproductive.
City councils may wish to consider the use of
an outside facilitator, both in the creation of
the performance standards and in the actual
evaluation. City councils may feel/believe that
they do not possess the management tools or
time to properly evaluate the city attorney,
especially according to current industry standards.
It may be difficult to understand exactly what
attorneys do on a day-to-day basis. Even those
council members who are attorneys may be
hard-pressed to describe what a municipal law
specialist should be doing and how. The services
of a neutral, knowledgeable third -party may
assist the council in articulating reasonable
expectations for city attorney performance
and in determining whether the attorney has
met industry standards for such expectations.
Finally, the services of a neutral third -party
may serve to focus the performance evaluation
discussion that may otherwise be charged with
personal or political agendas. For these and other
reasons, many city attorney contracts now
contain a clause requiring the retention of a
third -party to assist in the evaluation process.
2004
3. Performance -Based Management in the
Evaluation Process
Finally, a word about performance-based
management and its impact on the city attorney
evaluation process. As discussed in detail below,
performance-based management is a method by
which performance is gauged by goals with
specifically measurable outcomes. It has achieved
wide acclaim in public sector management circles
and many agencies now require each department
to establish measures and track outcomes.
Applying such principles to the work of the city
attorney's office can be a challenge. This is
because the city attorney plays a unique role
in the city's organizational structure. His or her
job is primarily to give advice and counsel, not
to turn out a certain identifiable number of
memoranda or win a certain percentage of cases.
While such numerically definable goals may
provide useful input in the evaluation process,
attainment of such goals should not be the
defining element of the process. It is difficult to
encapsulate the factors that go into a successful
attomey-client relationship into a performance-
based management system and, therefore, into
evaluation processes.
With these concerns in mind, councils should
consider whether moving towards a numerically -
based system of achievement, and incorporating
that into the performance evaluation system, is
at odds with the more traditional attorney-client
relationship, and whether such systems are true
indicators of an attorney's performance.
16 League of California Cities • www.cacities.org
D. CITY ATTORNEYS AND
"PERFORMANCE MEASURES"
1. The Goal of Performance Measures
Accountability is important in local government.
The public has a right to expect that local
resources will be carefully managed, that services
will be provided efficiently, and that local
programs will live up to their promises. Elected
leaders and managers in local government
seek to reassure their constituents that these
expectations are being met. Performance
measurement - the documentation of
departmental and program accomplishments -
has become ,a key method of providing that
reassurance and demonstrating accountability.
Local governments concerned about managing
and improving employee productivity use
performance measurement - also known as
"benchmarking" - as a management tool. In
theory, performance measures of a department or
program reflect the array of services provided. A
good set of measures should reveal three things:
• The quality of the services,
• The efficiency with which they are delivered,
and
• Their effectiveness in achieving their intended
purposes.
2. Types of Performance Measures
There are three types of performance measures:
• Workload Measures: Workload measures - also
called output measures - provide information
on how many units of service were provided.
Such measures tell how many calls were
received, how many cases were processed,
how many opinions were issued, how many
training programs were offered, and so on.
Workload measures do not address the
efficiency with which these services were
provided or the quality or effectiveness of the
services. Only the number of services provided
is measured. Workload measures typically do
not relate to the difficulty of a task - a
simple case and a complex case are both
counted as one.
Defining the Parameters of the Employment Relationship
• Efficiency Measures: Efficiency measures relate
to outputs produced in relation to resources
consumed. For example, local public agencies
that report unit costs for handling cases
or cases concluded per staff hour combine
workload information (number of cases) with
resource consumption information (costs or
staff hours) to create a measure of efficiency.
Other measures included in this category
address efficiency by focusing on turnaround
time or other aspects of process efficiency.
• Effectiveness Measures: Effectiveness
measures - also called outcome measures -
gauge the extent to which objectives are
being met. Typically, this category includes
measures of service quality.
3. The Difficulty of Applying Performance
Measures to Law Offices
Performance measures are not universally
supported in the legal arena. This stems
from several factors. First, attorneys are more
comfortable practicing law rather than engaging
in the administrative tasks of performance
measurement and tracking. Another significant
factor is that much of what an attorney does
consists of research, analysis, and consultation.
These activities are not easily quantifiable and
often do not fit within these various performance
measures. In addition, the quality of legal work
performed is difficult to measure in either
abstract or general terms. The quality of an
attorney's performance is defined in great part
by the formal as well as informal ethics by which
attorneys perform their professional work. Ethics
is not easily reducible to number -crunching.
At times, it may be difficult to fully understand
what a city attorney does on a daily basis. Some
of his or her activities are publicly visible, such
as advocacy at formal hearings. Day-to-day
activities, such as legal counseling, risk manage-
ment, and legal assistance provided to city
employees are often played out behind the scenes.
White some legal departments may not have a
formal mechanism in place to determine whether
their clients' needs are being met, all of them are
evaluated on some level. In a proactive manner,
and believing that it is better to know the good
and the bad - and sooner than later - many legal
departments have established a mechanism to
monitor whether city staff needs are being met.
Such monitoring systems are more effective when
League of California Cities • www.cacities.org 17
Counsel and Council. A Guide For Building A Productive Employment Relationship
they encourage specific comments rather than
simply relying on numerical ratings. While the
quality of legal services delivered is important,
it is often defined in different ways. Some clients
define quality as speed at which legal services
are provided - often at the expense of quality or
effectiveness. But most clients would arguably
prefer that the legal services provided be accurate
and responsive to their needs.
City attorneys are sometimes faced with the
situation of providing quality legal work when
faced with a short deadline. At times like these,
city attorneys must be careful not to sacrifice
their ethical responsibilities in the name of
expediency. Attorneys must continue to make
their choices wisely and advise their clients of
the risks inherent by accepting what could be
defined by the attorney as less than "quality"
work. Due to the significant time demands of a
particular project, quality may be defined in part
by speed: the best work one can provide within
the time frame one has been given.
Effective performance measures cannot be
established in a vacuum. The city attorney with
the assistance of the city council must define
what is valued by the organization in terms of
legal services. It is important to clearly define
what is being measured. It is critical to create
a system that can be managed. The system must
not be time or labor intensive, and it must be
easy for staff to track. Any measures adopted
should be significant within the organizational
culture.
2004
It may be helpful to think about performance
measures this way:
• Things for show: Measures can justify a
program and draw public attention to, and
build public confidence in, performance.
• Things for dough: Measures can signal the
importance of an activity to the organization
or help to establish its value when competing
for financing.
• Things to know: Measures of performance con
be helpful to the internal management of a
city attorney's office.
Things For Show: Producing information about
the workload and related performance conveys
information about what the city attorney's
office does. An example is the number of code
enforcement cases currently being handled by
the office. Providing information on the breadth
and quantity of the workload helps all city
departments understand the services provided
by the city attorney.
Some performance measures may create false
expectations of what is meaningful in evaluating
the city attorney's performance, however. One
example is the number of cases that are "won"
by the office. For the most part, city attorneys
do not get to pick and choose their cases. It's
possible to do an excellent job, but still lose
the case.
Things For Dough: One of the most difficult jobs
for a city attorney is to explain to funding
authorities why legal services are just as
necessary and important as police and fire
protection and other public services. Special
interest groups and public employee unions
generally do not appear at council meetings
to speak in favor of the city attorney's budget.
At times, a city attorney's budget may be lost
in the annual budgetary fracas or targeted
for reduction.
is League of California Cities • www.cacities.org
Measuring quantity is a simple device that can
reflect trends. Some measures fall neatly within
the description of output or outcome. Others
reflect important information related to past
and future workloads (demands) and costs
(inputs). Coupled with information that shows
proportionality with activities of the government,
this information can be used to project and
justify increased costs associated with the
expansion or addition of services. Increased
services and personnel additions in other
departments translate into increased demands
on legal services and ultimately the need for
greater law office funding.
One of the more useful tools in the law office
involves comparing matters handled. For example,
in litigation the number of active cases carried by
each attorney is a measure that potentially. allows
relative caseload comparisons within the office.
These can be compared with the caseloads of
other city attorney offices of a similar size.
The comparisons may then be used to justify
increased funding requests. Numbers alone often
do not paint the full picture, however. While one
Lawyer might carry three times the caseload of
another attorney, the nature of the cases may
differ. The attorney handling fewer cases may
actually be handling more complex and time
consuming matters, or may have additional duties
to perform in the office. Also, this statistic may
be of little use in a city with minimal litigation.
Defining the Parameters of the Employment Relationship
Things To Know: Having relevant legal information
can help to more effectively manage individuals,
programs or budgets. This may be information
that is not appropriately distributed publicly,
even in the form of a performance measure.
Oftentimes, measures based on transmission
of legal information are too technical to be
relevant to the public.
One of the most effective tools used to measure
performance is that which measures individual
performance. Providing staff and the public with
an opportunity to give feedback on services helps
in improving the accessibility and responsiveness
of lawyers. When considered on a case-by-case
basis, the information is critical to the legal
office managers ability to monitor and help
improve the performance of individual staff.
Specific data is much more useful than global
statements.
4. Summary
Performance measures may be of assistance in
assessing and improving city attorney's office
performance. The information may be used to
support decision-making, planning, and to justify
resource requests. The information can inform the
public and decision -makers about the city attorney's
office's activities, service demands, and perfor-
mance. The activities of the city attorney's office
do not always receive the highest public visibility,
but identifying missions, goals, and performance
objectives can serve to increase public awareness
and support for the city's legal operations. The
actual provision of legal services, however, should
not be overshadowed by administrative or other
aspects of performance measurement.
League of California Cities • www.cacities.org 19
Counsel and Council: A Guide For Building A Productive Employment Relationship
IV. Negotiating the
Employment Relationship
Once a preferred candidate has been identified, the city
council should determine how the employment relationship
will be memorialized. An employment contract has the
advantage of providing both parties with assurances as
to length of employment, salary, benefits, and working
conditions.
Many agreements are simply modeled after preexisting
city attorney or city manager agreements. Few cities and
city attorneys obtain independent legal advice regarding
these agreements." As a result, problems with employment
agreements may arise. When problems arise, they often
involve the interpretation of benefit provisions,
enforcement of regular performance evaluations, and the
establishment of specific goals and objectives.
Some councils prefer to operate without an employment
contract. City attorneys in this situation often have the
terms and conditions of their employment addressed
through other documents, including municipal codes,
resolutions, city charters, personnel rules, and/or job
descriptions. Some attorneys may rely on memoranda
from the council to outline some of the terms of their
employment. In any case, the basic terms and conditions
of employment need to be determined by the council and
then negotiated with the candidate.
There is a wide divergence among cities as to who
negotiates with the successful candidate. Unless the city
council negotiates with the primary candidate though a
subcommittee, the recruiter or human resources director
should establish parameters with the city council as to
what salary and benefits the council is willing to pay
to obtain the services of a particular individual. The
recruiter or human resources director should also
determine any other working conditions the council is
willing to negotiate, such as flexible work schedules
or support staff.
2004
E R
After receiving direction from the city council, the recruiter
or human resources director should put the city council's
initial offer in writing. The letter should state that the
offer is not final until the employment contract (if there is
to be one) is executed, and the candidate has successfully
completed all necessary background checks and/or medical
examinations.
20 League of California Cities • www.cacities.org
V. Maintenance of the
Employment Relationship
An employment relationship between a city attorney and a
city council may exist on several levels — that of attorney
and client, that of employer and. employee, and that of
public official and advisor. Councils and city attorneys
should spend time at the outset of the relationship — and
periodically throughout — to analyze the relationship and
determine what can be done to improve and maintain
positive relations.
This section considers several aspects of the employment
relationship that should be considered by theparties in
order to maintain a positive working relationship.
A. UNDERSTANDING WHAT THE CITY
ATTORNEY ACTUALLY DOES
Many city attorneys believe th&their day-to-day activities
are not fully understood by others. Misperceptions are
understandable: For some councils and staff, their primary
contact with the city attorney occurs at meetings, not
through observation of the day-to-day routine of the city
attorney's office.
Numerous city actions require the input and guidance of
the city attorney. The plethora of rules, court decisions,
and administrative regulations that govern city activities
is such that city councils and staff must often consult with
the city attorney for assistance on accomplishing a task.
For example, a land use matter may involve some or all of
the following legal issues: conflict of interest questions,
annexation issues, inverse condemnation, civil rights, .
slander, or the drafting of a development agreement.
Maintenance of the Employment Relationship
CHA-114ER
-
A city attorney's role may be expanded because he or she
is the individual who must devise a method to legally reach
the goals sought by the council.
It is important to remember that most city attorneys are
generalists in municipal law. Although municipal law used
to be considered a specialized area of knowledge, it has
increasingly become a field of law composed of a great
number of sub -specialties. The city attorney, as chief
corporate counsel for the municipality, cannot be an
expert in all these areas. Rather, the city attorney should
be a competent generalist with the willingness to consult
with specialists when specific legal needs arise to help
effectively and efficiently advance and protect the
city's interests.
Thus, as a generalist, the city attorney may need to
contract out some work. Situations may arise where the
city needs the services of a specialist in such areas as
personnel, finance, or redevelopment matters. Also,
because a city's legal workload may temporarily increase,
it may make financial sense to outsource overflow work to
outside counsel rather than hire fulltime, long-term staff.
In addition, litigation can be very consuming of both
attorney and support staff time. This is another instance
when it can be more cost-effective to hire outside
counsel to handle litigation rather than hire additional
in-house staff.
As chief counsel, the city attorney typically attends all
city council meetings to provide on -the -spot advice. The
city attorney or staff attorney also often attends meetings
of the planning commission and other city advisory bodies.
The city attorney also may serve as the parliamentarian
for these bodies.
Another important aspect of the city attorney's job is to
give opinions on specific legal issues. These opinions
may be either formal (in writing) or informal (oral advice).
Some cities require that all requests for advice be commu-
nicated in writing through department heads to ensure
coordination and avoid duplication of effort. Another
benefit of a request system is that it aids in tracking
requests for advice for purposes of achieving performance
management objectives.
League of California Cities • www.cacities.org 21
Counsel and Council: A Guide For Building A Productive Employment Relationship
Whenever there is advance notice that a legal question may
be coming, the city attorney should be advised as soon as
possible, even if all factors giving rise to the question are
not fully known. Doing so promotes the process of giving
and receiving legal advice and keeps the lines of two-way
communication open. There is a reason a synonym for
attorney is counselor.
City attorneys must often analyze several sets of statutes
and numerous reported cases in order to render informed
opinions on important legal questions. The sheer volume
of law affecting cities has increased greatly during the last
several decades. A reasonable amount of time should be
provided to analyze any particular question, especially if
the issue is novel or complex.
Along with providing counsel to the city, the city attorney
is also responsible for the drafting and/or review of
important legal documents, such as ordinances or contracts.
The city attorney must also review ordinances that have
been adopted by another agency and are suggested for
consideration by the council. An ordinance that answers
the needs of one agency does not necessarily fit the
needs of another. Review and customization by the city
attorney's office is imperative before the council gives final
consideration to the adoption of a "sample" ordinance.
In the event civil litigation must be pursued or defended,
the city attorney represents the city's interests. In some
cities, the city attorney. may also participate in criminal
prosecutions of state law offenses. Many city attorneys
prosecute violations of city ordinances.
Particularly in cities with full-time, in-house city attorneys,
the city attorney is also a department head, responsible for
the management of the city attorney's office. The role
played by a city attorney as a manager often varies from
city to city, with some councils placing emphasis on this
and some not.
2004
Many city attorneys are considered as members of the city's
senior management team, although with a separate role
and responsibilities. This means the city attorney is expected
to attend and participate in management functions, and is
sometimes turned to for advice that is more "practical" than
"legal" in nature. Often, city attorneys are fully integrated
members of the management team and are expected to
attend and participate in management activities. Many city
attorneys view themselves not only as attorneys, but also
as project managers, problem resolvers, and strategists..At
times the overarching role of the city attorney may conflict
with these management functions. The city attorney may
need to recommend a different direction despite the need
to participate in and foster management relationships.
B. STICKY SITUATIONS — QUESTIONABLE
LEGAL BEHAVIOR, LEGAL MANDATES,
AND COUNSELOR VERSUS ADVOCATE
There are times when proposed city action may not fit
within applicable legal constraints. When faced with an
objective that is plainly unlawful, the city attorney must
deliver the news as diplomatically as possible. Adherence
to clear legal guidelines is not optional; they must be
followed. Most legal guidelines are imposed to further the
public good, and public officials need to conform their
actions because it is their ethical duty.
The city attorney's job is complicated by the fact that
the law is not always clear in a given area. When this
occurs, the .city attorney must give his or her best
judgment on the probable and possible legal consequences
of a proposed course of action. The city attorney cannot
make the law clear when it is not. As a result, city
attorneys may often take what appears to be a narrow
view of the city's prerogatives in a given situation.
As the city's legal counselor, the city attorney's primary
task is to provide the city council and staff with the
best analysis and dispassionate evaluation of what the
Law requires or permits in a given situation. However,
when dealing with third parties, the city attorney should
step into the role of advocate and vigorously argue one
perspective of the law and the facts at hand.
C. QUESTIONING THE ATTORNEY'S ADVICE
From time to time, others may question the city attorney's
advice. It may be tempting to seek a second or even third
opinion. This temptation should be resisted. The city
attorney is the individual the city has hired (or the voters
have selected) to advise the city on legal matters. The city
attorney is the legal advisor who is most familiar with
the laws bearing on the city's actions, particularly local
ordinances, internal procedures, any charter provisions, and
other internal situations that may affect a given analysis.
22 League of California Cities www.cacities.org
If the city is sued, it is the city attorney's responsibility
to defend the city. If the need arises for a second opinion,
the council as a whole should authorize the action. If a
second opinion is authorized, it is valuable to have the
city attorney and outside counsel each review the other's
opinion so that both may be fully informed.
D. EFFECTIVE COMMUNICATION WITH
THE ATTORNEY
Effective communication between city officials, city staff,
and the city attorney is critical to the smooth operation of
the city. Early and frequent communication about proposed
city action can avoid frustration on the part of everyone
and save the city money in the long run.
1. Shared Information
The city attorney must be kept informed of the
city's activities. If not, he or she cannot give
good and timely legal advice. Being "kept
informed" means that the city attorney receives
complete information in a prompt manner. The
city attorney must be given notice of later
changes in facts and policy direction, as well
as potential ramifications, along with a clear
explanation of the city's objective.
2. Preventive Legal Advice
The city attorney is there to give the city
preventive legal advice. If he or she is unable to
do this because of poor communications, the city
and its taxpayers are not getting their money's
worth. Worse yet, the city may end up having
to spend more money on litigation and adverse
judgments — money that could be better spent
on other public programs.
In order to protect the city's rights and interests,
the city attorney has the obligation to provide
professional opinions based on the full and
unbiased facts of the given situation. The city
attorney's obligation to communicate includes the
responsibility to say to the client what the client
may not want to hear. One noted scholar and
judge put it this way, "As in private practice, the
attorney is never the mere hireling of government
or of anyone else. He is an independent professional
and must stand on what he thinks is right ."21
3. Avoiding Policy Advice
One subset of communication issues for city
attorneys to consider is when they are asked to
opine on policy issues. One of the axioms of local
government is that councils make policy and city
attorneys advise on the law. At times, there is a
Maintenance of the Employment Relationship
fine line between making policy and advising on
the law. For example, when a council wants to
know "can we do this and if so, how," which is
policy and which is law? Increasingly, the two
are not distinct.
Another local government axiom is that city
attorneys deal with legal issues and city managers
deal with operational issues. Again, there is often
a fine line between these two issues. Employee
disciplinary matters, for example, are not susceptible
to clear differentiation. Questions of what is
policy or an operational matter and what is
law are often intertwined. Councils and staff
need to be sensitive to situations when the city
attorney is asked to step out of the attorney role
and instead provide policy advice. When these
situations occur, the attorney should refrain
from providing the requested advice, or, at least,
clearly state that the matter is one of policy
and not of law.
League of California Cities • www.cacities.o'rg 23
Counsel and Council. A Guide For Building A Productive Employment Relationship 2004
-The ."Ideal " City Council Member:, A City. Attorney's Perspective "
1. Has experience in local government through service on
Recognises a edys core mission is to deliver basic
commissions and/or committees at the cityjcounty leve}.
municipal services; makes policy dectstons_uft}r this
Genera} experience is the key, not necessarily experience
-
concern in mind, A}lows the professional `city staff to
in a specific jurisdiction .Has nianagement experience
assume responsibility for the implementation of
understands how to give direction and hoer to delegaf a
policy decis}ons.' . "
effectively. Is committed to developing relationship
with a broad range of community groups and : "'
7> Valdes needs of community over grandstanding and political
adjoining jurisdictions.
-"expediency. Recognizes there is °a tension between serving
the, needs of the:community aril enharicing,revenue,and is
?_ Recognizes the complexity of rtinnmg a city and, therefore;
rygug to triose /lard choices. is"a leader,°not a fnlloier. Has
accepts /the realityof a /coming curve fora new-x�ty ,.
bnth a heart and a blain, l isteris... '
attorney - sometimes a long one._Focuses on estpblishing
well-grounded. policies that are cbrrimunipatl d to' Etre public"
8: ` = Understarlds'th°atthe' city aftorney representsthe city. f sa
and staff clearly and consistently. Respects and nets vaitfiin ;,
"whole and not just a member/age"nt of a political team; asks
the legal process,
for and'°°values legal advice, listens to.advia before: •
g
deciding whether to heed'/( is intel}ectually honest Does
3. Takes time to read staff reports and other materials in order - -
not act: arbitrarily and beytrnil, the appropriate legal process.
to be well informed on particularissues. Does not`make ,
"snap", judgments vOthouttaking the tune to becrnne • ._
g,°, provides uridersiandable and careful considered direction-
lY
:educated about policy, issues. Understands the'rolas of the ; .,
on }egal Issues. Heads and digestslattorney cJtent : .
city".council, staff,°and the community is issue oriented,
.Cominuiti>rations and asksAclarifybtg.questions of attorney
does not takee°policy difierences`persnrially anti is•ripen in' ,_
about legal.advice is able4o decide dtfficult`Iegal Issues ..
compromise. Makes decisions after c6risidering and
with Integir consldering'the best inteiasts of the >:srty,and;
weighing the legitimate competing interests til -all potentia3ly
With ',the r Wragg o cope with a vocal opposition. Bases,`';
impacfed parties. .•
decisions an.ihe>`lavu and.no°t nn politics. Make's an effort to
. ; ' °
apptea to the d ffleuity_an, . in lexrty df the duties of -die
4. , Conducts him/her self professrtihally is respectful pf tellow
° .
city, ,attrriey god°the cty attorneys=offce;_gives credit'°
council members, staff, and publc,both in andoutef ,rtfer+;due
couuncil,meeti�ngs, qd stions the facts and rules arid`
explores options, but does so without persona}rung'
1Q Resjn cts City atomey for lega} opinion and appreciates
the issues and attacking others `Does :/tot c i tcize staff
ihatiw antes reesonabfe people may differ; lnforirts city
in public.
attdiney of, potehtial con#/ ct of mterestissues before a, .
-
meetmmq Respects cit9r- attorney staff and does not seek fo, ` .
b Nwnsit open mtnd regarding issues° W,46-04,'N.ts
debate city staff at a public forum:
Separation From Employment
CH- P,'ER
A Separation From Employment
Every employment relationship comes to an end. Some end
because of resignations to take a position with another
agency and some end because of retirement. Others end
through dismissals or negotiated resignations. While many
city attorneys leave their prior employment on amicable
terms, some do not. Those who don't are often surprised by
the decision to terminate the employment relationship.
Employment relationships that end in dismissal have
usually been under stress for some time. This stress can
be due to performance deficiencies on the part of the city
attorney. There can be interpersonal problems between the
city attorney and council members or staff. Stress may
also be attributable to a number of external political
factors affecting legal issues in the community either
through direct challenge to the city attorney by community
activists or by a more indirect challenge through pressure
on council members.
Regardless of how or why the decision to end an
employment relationship is made, it is often an emotionally
charged development that must be addressed with respect
and decorum. An employment termination played out in
the press or in the courts benefits no one.
A. PUT IT IN WRITING
The issues involved in terminating the employment
relationship should be anticipated and dealt with in the
employment contract or written conditions of employment.
Potential performance issues should be addressed well in
advance of the termination. These include setting out
specific reasons that may lead to termination — such as
the inability to perform the functions of the position or
the conviction of a crime.
At a minimum, the employment agreement should clearly
set out the notice requirements for a termination action.
For instance, how many days' notice is required before the
termination is effective? Is there a hold on any termination
action following an election? What form of notice is
required? Written? Oral? All of these issues should be
outlined in the employment agreement.
When a process is in place to deal with these issues,
the termination process is likely to proceed much
more smoothly.
B. SEVERANCE PAY
Employment contracts should be reviewed by a lawyer
well -versed in employment law to determine what
severance pay might be due to terminated employees.
State law limits severance pay to the monthly salary
of the employee multiplied by the number of months
remaining on the unexpired term of the contract.18 This
amount is subject to an eighteen -month cap. For example,
if an employee is terminated with six months remaining
on a contract, but the contract provides for twelve months'
severance pay, state law may prohibit payment for the
additional six months. In addition, severance pay may
be limited to sala y19 and health benefit payments,but
human resources professionals should be consulted
regarding payment of specific benefits.30 Cities with
charters may have unique provisions as well.
C. THE TERMINATION AND THE MEDIA
When it is determined that a city attorneys services should
be terminated, all procedures regarding personnel closed
sessions must be followed. In general, if the termination
is based on performance issues, it is acceptable to simply
notice a closed session on employee performance.31 If the
termination is based on specific complaints and charges
brought by another person or employee, the city attorney
is entitled to twenty-four hours notice of the closed
session to hear the complaints and charges.32 He or
she may, however, request a public session. Remember,
whatever is said in the closed session must not be
disclosed to the public.
League of California Cities • www.cac.ities.org 25
Counsel and Council, A Guide For Building A Productive Employment Relationship
Any press or public statement about the termination
should be carefully prepared. An employment law attorney
should preferably review any such statements. The city
should designate one media contact person to minimize
misstatements. Following these protocols not only protect
both parties legally, but also help to diffuse potential
jousting in the media for the upper hand.
Although a termination may be warranted, the actual
separation will probably have an impact not only on the
employee, but also on city staff. Be sensitive to staff
perception of how the termination is handled.
2004
VII. Conclusion C H A PVT E R
Building a productive employment relationship between the
city attorney and the city council takes everyone's effort.
The key is to understand the unique attorney-client
relationship the parties share. By clearly defining the
parameters and goals of this relationship in the job
description and by reinforcing these standards through
annual, meaningful performance appraisals, the parties
can work together to provide the quality of legal service
the public expects and deserves.
26 League of California Cities - www.cacities.org
Endnotes
Voters elect city attorneys in Albany, Compton, Huntington Beach,
Long Beach, Los Angeles, Oakland, Redondo Beach, San Bernardino,
San Diego, San Francisco, and San Rafael. The city manager
appoints the city attorney in Berkeley, Folsom, and Shafter.
' Committee on Professional Responsibility and Conduct of the
State Bar of California, Report and Recommendation on AB 363.
3 State Bar Rules Prof_ Conduct, rule 3-600.
California Government Code section 900 and following.
s Roberts v. City of Palmdale, 5 Cal.4th 363, 20 Cat.Rptr.2d 330
(1993).
c State Bar Rules Prof. Conduct, rule 3-600.
California Government Code section 34090 provides, in part, that:
Unless otherwise provided by law, with the approval of the
legislative body by resolution and the written consent of the
city attorney the head of a city department may destroy any
city record, document, instrument, book or paper, under his
charge, without making a copy thereof, after the same is no
longer required.
Cal. Gov't Code § 34090.
Also, California Government Code section 34090.6 provides for
the destruction of recordings of routine video monitoring and
recordings of telephone and radio communications maintained
by a city department with the approval of the legislative body
and the written consent of the agency attorney.
e California Election Code section 9280 provides, in part, that:
Whenever any city measure qualifies for a place on the ballot,
the governing body may direct the city elections official to .
transmit a copy of the measure to the city attorney, unless
the organization or salaries of the office of the city attorney
are affected. The city attorney shall prepare an impartial
analysis of the measure showing the effect of the measure on
the existing law and the operation of the measure.
Cal. Elec. Code § 9280.
9 California Civil Code section 52 (c) provides, in part, that:
Whenever there is reasonable cause to believe that any person
or group of persons is engaged in conduct of resistance to the
full enjoyment of any of the rights described in this section,
and that conduct is of that nature and is intended to deny
the full exercise of those rights, the Attorney General, any
district attorney or city attorney, or any person aggrieved by
the conduct may bring a civil action in the appropriate court
by filing with it a complaint.
Cal. Civ. Code § 52 (c).
" California Government Code section 6250 and following.
" American Bar Association Model Code of Professional Responsibility,
Ethical Consideration 7-14.
12 Shepard v. Superior Court, 17 Cal.3d 107, 122, 130 Cal. Rptr. 257
(1976).
13 Id.
14 Berger v. United States, 295 U.S. 78, 55 S.Ct. 629, 79 L.Ed. 1314
(1935).
is California Government Code sections 825(a), 995 and 995.2_
r6 California Government Code section 41801.
" California Government Code section 41802.
1e California Government Code section 41803.
79 California Government Code section 41803.5(a).
2° California Government Code section 41803.7.
2' California Government Code section 41804.
2z California Government Code section 41805.
23 California Government Code section 50083 provides:
No local agency or district 'shall require that its employees
be residents of such local agency or district.
Cal. Gov't Code § 50083.
24 Article XI, section 9 of the state Constitution provides:
A city or county, including any charted city or charter county,
or public district, may not require that its employees be
residents of such city, county, or district; except that such
employees may be required to reside within a reasonable and
specific distance of their place of employment or other
designated location.
Cal. Const., art. XI; § 10, subd. (b).
11 See 42 U.S.C. § 12102 and following.
ze While the Attorney General has issued oral advice that a city
attorney may re -negotiate a contract without violating Government
Code section 1090, it is advisable that the city attorney retain a
third party to conduct negotiations with the public entity.
2' Weinstein, Some Ethical and Political Problems of a Government
Attorney, 18 Maine L. Rev. 155, 162 (1966).
11 California Government Code section 53260.
29 Id
31 California Government Code section 53261.
31 California Government Code section 54957. See also 67 Ops.
Cal. Atty. Gen. 215 (1980).
32 California Government Code section 54957.
League of California Cities • www.cacities.org 27
Counsel and Council. A Guide For Building A Productive Employment Relationship
Employment Agreement Provisions
Full -Time (In -House) City Attorney
2004
APP DIX
The following is a compilation of provisions that have appeared in city attorney employment agreements. Employment
agreements vary greatly in their level of detail, in the order of articles, and in their degree of formality. The following
compilation is not intended to stand alone as an ideal contract. Rather, it should be adapted to each city's particular
arrangement with its city attorney.
Both the city council and the attorney should consider seeking independent advice before entering into an employment
agreement.
A. RECITALS
[COMMENT: It is not clear that these introductory, provisions have any particular legal consequence. But they are
commonly found in city attorney employment agreements. They may contribute some clarity to the substantive
provisions that follow. Some of these provisions may appear in introductory language before the actual articles of the
agreement.]
Model 1. THIS EMPLOYMENT AGREEMENT is made and entered into in the City of Simi Valley on this _ day
of , 20_, by and between the CITY OF SIMI VALLEY, a municipal corporation of the State of California,
hereinafter referred to as "CITY", and an individual, hereinafter referred to as "ATTORNEY" for
employment beginning
(City of Simi Valley, 1998)
Model 2. WHEREAS the Municipal Code of the city of Moreno Valley provides that the City Attorney of Moreno
Valley, California ("City Attorney"), shall be appointed by and serve at the pleasure of the City Council of the
City of Moreno Valley ("Council"), and
WHEREAS the Council desires to employ Employee as City Attorney, and
WHEREAS Employee desires to serve as City Attorney; and
WHEREAS it is the desire of the parties hereto to provide the terms and conditions by which City shall receive
and retain the services of Employee and to provide for him to remain in such employment, to make possible
full work productivity by assuring his morale and peace of mind with respect to future security; to act as a
deterrent against malfeasance or dishonesty for personal gain on his part and to provide for terminating his
services at such time as he may be unable to fully discharge his duties or when Council may otherwise desire
to terminate his employ.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:
(City of Moreno Valley, 1994)
28 League of California Cities • www.cacities.org
Appendix A
B. DUTIES
[COMMENT: This section may also be titled Scope of Duties, Services to be Performed, Duties and Obligations, or some
other similar title. This section often incorporates by reference those portions of the city's municipal code or charter
that set forth the duties of the city attorney. The following are examples of itemized duties and limitations.]
Model 1. Duties: Attorney agrees to diligently and faithfully perform the duties of the Danville City Attorney
and Danville Community Development Agency General Counsel. Specific duties include, but are not limited, to
the following:
(a) Attendance at Town Council/Community Development Agency meetings and other meetings as required;
(b) Research, preparation and review of ordinances, resolutions, agreements, contracts, leases, written
opinions
and other documents of legal nature necessary or requested by the Town Council;
(c) Provision of all legal advice on behalf of the Town to the Town Council/Community Development Agency,
Town Manager, and other Town officers and employees;
(d) Representation of the Town/Community Development Agency, members of the Town Council and other Town
officers and employees in litigation as necessary;
(e) Selection, retention, supervision and monitoring of outside counsel as required;
(f) Commencement and prosecution of all criminal actions and civil abatements necessary and appropriate
to enforce the Town's ordinances;
(g) Monitoring and advising the Town Council and Town staff regarding legislation and case law affecting
the Town.
(Town of Danville, 2000)
Model 2. Employee will focus his professional time, ability, and attention to City business during the term
of this Agreement. Employee shall not engage in any other business duties or pursuits whatsoever or, directly
or indirectly, render any services of a business, commercial, or professional nature to any other person or
organization, whether for compensation or otherwise, without prior consent of Council, except that:
(1) The expenditure of reasonable amounts of time not in conflict with the City's needs and interests, for
educational, charitable, community, and professional activities, shall not be deemed a breach of this
Agreement and shall not require prior consent.
(2) This Agreement shall not be interpreted to prohibit Employee from making passive personal investments or
conducting private business affairs if those activities do not materially interfere with the services required
under this Agreement.
(3) All data, studies, reports and other documents prepared by Employee while performing his duties during
the term of this Agreement shall be furnished to .and become the property of the City, without restriction
or limitation on their use.
(City of Banning, 2001)
League of California Cities • www.Gacities.org 29
Counsel and Council: A Guide For Building A Productive Employment Relationship 2004
C. TERM
[COMMENT: The two most common provisions regarding a city attorney's term in office are reflected below. Pleasant Hill
has a fixed term with automatic extension. Los Gatos has a fixed starting date but an indefinite expiration, subject
only to the termination/separation provisions of the agreement. These two provisions are mutually exclusive.]
Model 1. Term. Employee shall be retained in this position of the City Attorney from the effective date of this
Agreement through _. This Agreement, in its entirety, will be automatically extended annually
for an additional one-year period unless the City Council specifically takes action by three-fifths vote to not
renew this Agreement at least one year prior to its date of expiration.
(City of Pleasant Hill, 2000)
Model 2. Term. This Agreement shall commence and extend indefinitely until terminated
as provided hereinafter.
(Town of Los Gatos, 1997)
D. SALARY
[COMMENT: The following sample salary provisions reflect alternative approaches to city attorney compensation.
Bakersfield utilizes a traditional step system and ties future increases to those given other city management personnel.
Napa links future salary increases to performance evaluations. Rancho Mirage ties future adjustments to the Consumer
Price Index. And Salinas guarantees that the city attorney will maintain the same salary differential relative to certain
other management employees.]
Model 1. EMPLOYEE'S base salary shall be established within the range of the following salary schedule:
StepI -$
Step 2 - $
Step 3 - $
Step 4 - $_
Step 5 - $
EMPLOYER agrees to pay EMPLOYEE for services rendered as provided herein a beginning annual base salary at
Step 4, payable in installments at the same time as other employees of the City are paid. In addition,
EMPLOYER agrees to adjust said salary schedule and/or other benefits of EMPLOYEE in such amounts and to
such extent as the Council may determine to adjust, across the board, the salary schedules of the employees in
the City's Management Group.
(City of Bakersfield, 1998)
Model 2. SALARY
(a) City agrees to pay Employee $____ in salary per annum for his services, payable in installments at the
same time as other employees of the City are paid and subject to customary withholding.
(b) Thereafter and subject to an evaluation of performance on the anniversary date hereof, City may increase
Employee's salary by minute order.
(City of Napa, 1993)
30 League of California Cities • www.cacities.org
Appendix A
Model 3. The salary for the City Attorney for the Fiscal Year _ will be $
Annual Adjustment: In each year of employment, the City Attorney shall receive, in addition to the salary set
forth above, a salary adjustment of no less than 50% of the cost -of -living index applicable to this geographical
area, together with,the right to be considered for a merit step increase as set forth in the Personnel Rules and
Regulations, or a merit bonus as approved by the City Council. Said index shall be described as the "all Urban
Consumer's Index", and said geographic area shall be described as the "Los Angeles -Anaheim -Riverside" area.
The annual compensation review of the City Attorney shall be made at the same time or at such other time as
agreed to between the parties, as similar consideration is given other employees generally of the Council.
(City of Rancho Mirage, 1998)
Model 4. Base Salary/Evaluation:
$ initial salary with subsequent evaluations at six and twelve months after appointment. Salary to be
increased two and one-half (2.5%) percent after satisfactory evaluation at twelve months. Performance will be
evaluated annually thereafter with all future salary adjustments based on performance.
(City of Salinas, 1998 Amendment)
E. HEALTH INSURANCE
[COMMENT: The most common provision addressing health or medical insurance in city attorney employment agreements
guarantees the city attorney the same benefits as other management employees.]
Model 1. EMPLOYER agrees to provide EMPLOYEE with the same health, dental, optical, and life insurance
coverage as is provided other employees in the City's Management Group.
(City of Bakersfield, 1998)
Model 2. Health Insurance: For Employee and his eligible dependents. A choice of PERS Plans and the City will
contribute an amount equivalent to the highest contribution rate established for other City employees.
(City of Folsom, 2000)
Model 3. HEALTH INSURANCE: EMPLOYER agrees to pay all costs of medical, dental, vision, life and long-term
disability insurance for EMPLOYEE and his dependents in accordance with the plans provided by the EMPLOYER.
In addition to other insurance and benefits, EMPLOYER agrees to pay four (4) calendar months of salary in the
event of the EMPLOYEE'S non self-inflicted death or disability.
(City of Vacaville, 1998)
F. RETIREMENT
[COMMENT: Many retirement provisions state that the city attorney will receive the same retirement benefits and city
contributions as are provided other management employees. Some set out the benefits and contribution explicitly.
While some retirement provisions include deferred compensation, others set it out in a separate section.]
Model 1. [City Attorney] will receive the same benefits such as, but not limited to, dental insurance, health
care, retirement (PERS) contribution and plan, workers compensation provided to other executive management
level employees.
(City of Thousand Oaks, 1985)
League of California Cities • www.cacities.org 31
Counsel and Council. A Guide For Building A Productive Employment Relationship 2004
Model 2. Retirement:
(1) City will pay seven (7) percent of the Employee's base salary and other compensation, as required by State
law to the P.E.R.S. as the Employee share, plus the normal matching Employer's share. Such amounts will
be applied to the Employee's individual account in accordance with Government Code Section 20615.
(2) City shall pay the employer's portion of the One Year Final Compensation and Full Formula Plus Social
. Security PERS retirement plan.
(3) Employee shall be eligible for 2% @ 55 PERS retirement formula.
(City of Banning, 2001)
Model 3. EMPLOYER agrees to pay for the EMPLOYEE'S portion of the contribution seven percent (7%) to the
Public Employees Retirement System. EMPLOYER agrees to contribute, into a deferred compensation plan, an
amount up to 5% of salary up to the maximum allowed by the Internal Revenue Service.
(City of Bakersfield, 1998)
G. DEFERRED COMPENSATION
[COMMENT: Deferred compensation often supplements retirement and frequently appears in the same contract section
as retirement. As with retirement, deferred compensation is often provided on the same basis as for other
management employees.]
Model 1. Deferred Compensation. City shall provide to EMPLOYEE the same deferred compensation plan
and CITY contributions as provided to other Management and Confidential employees.
(City of Modesto, 1997)
Model 2. Deferred Compensation. There are currently two plans of Deferred Compensation offered and the City
will contribute an equal amount to that invested by the Employee to a maximum allowed by State and/or
Federal Tax laws.
(City of Folsom, 2000)
H. VACATION
[COMMENT: Many agreements simply provide vacation leave equal to other management employees.]
Model 1. Sick Leave, Vacation and Holidays. Employee shall receive the same sick leave, vacation and holiday
benefits as employees in the management unit, appropriately prorated. Any accrued hours existing on the
effective date of this Agreement shall be credited to Employee.
(City of Rocklin, 1996)
Model 2. Vacation Leave.
A. City agrees, effective July 1, 1998, and each subsequent July 1st thereafter, to credit to and vest in
[City Attorney] 218 hours of vacation leave.
B. City agrees that [City Attorney], without penalty, may carry forward up to 480 hours of vacation leave as
of January 1, 1999 and each January 1st thereafter.
32 League of California Cities • www.cacities.org
Appendix A
C. City agrees that during July of each year, [City Attorney] may redeem up to 178 hours of vacation leave
then credited to and vested in [City Attorney]. City also agrees that, upon request of [City Attorney] at
any time and with approval of the City Manager, [City Attorney] may redeem vacation leave hours then
credited to and vested in [City Attorney].
(City of Oxnard, 1999)
Model 3. The City of Walnut Creek shalt include [City Attorney] in its General Leave Program and provide him
with an annual allotment of 28 days of General Leave. During the first year of employment, [City Attorney] .
shalt be credited with 28 days on his first day of .work. Should he leave the City during the first year, the
payment to [City Attorney] or repayment to the City for such leave shall be on a prorated basis. Following
the first year, General Leave shall be earned by [City Attorney] according to the terms of the General Leave
Program. [City Attorney] may accumulate General Leave year to year to limit of 600 hours. [City Attorney]
shall have the right, at any time or from time to time, to receive payment for all or any part of his
accumulated General Leave at his then existing hourly rate. He may direct any such sums be paid in cash
or in the form of deferred compensation.
(City of Walnut Creek, 1988)
1. MANAGEMENT/ADMINISTRATIVE LEAVE
[COMMENT: In lieu of overtime or compensatory time off - generally not available to city attorneys - many cities agree
to provide time off in the form of Management or Administrative Leave. Such leave is typically in addition to
vacation.]
Model 1. [City Attorney] shall receive eighty (80) hours of administrative leave per calendar year. [City
Attorney] shall not have the right to accrue administrative leave from year to year. [City Attorney] shall not be
entitled to any, compensation, or compensatory time off, for overtime.
(City of Newport Beach, 2000)
Model 2. Employee shall receive 48 hours of administrative leave per year in recognition of the time Employee
must work outside normal office hours. Employee shall use a minimum of 80 hours of leave time, in any
combination of vacation or administrative leave, per year. Failure to do so will result in those hours less than
80 being subtracted from the Employee's accumulated vacation hours.
(City of Madera, 1993)
J. HOLIDAYS
[COMMENT: Most city attorney employment contracts equate city attorney holiday time off with that afforded other
management employees.]
Model 1. Other Benefits. All actions taken by Council relating to fringe benefits for employees in the
Executive Management classifications shall be considered actions granting the same benefits to Employee.
As used herein, fringe benefits include but are not limited to vacation, sick leave, holidays, retirement
(PERS) benefits and payments, th.e City's management package, deferred compensation, health insurance,
dental insurance, long-term disability insurance, life insurance, and administrative leave. City shall also
pay Employee's annual State Bar of California fees and other customary professional association fees.
(City of Moreno Valley, 1994)
League of California Cities • www.cacities.org 33
Counsel and Council. A Guide For Building A Productive Employment Relationship 2004
K. SICK LEAVE
[COMMENT: City attorney agreements may provide for a designated amount of sick leave or a city attorney's sick leave
with that of other management employees.]
Model 1. Sick Leave. City agrees, effective July 1, 1993, and each subsequent July 1st thereafter, to credit to
and to vest in City Attorney 96 hours of sick leave.
(City of Oxnard, 1992)
Model 2. Leave Benefits. Except as modified herein, CITY ATTORNEY shall be entitled to all monetary and other
benefits, including, but not limited to holidays, sick leave, vacation, disability insurance, and workers'
compensation, as other executive management receive.
(City of San Pablo, 1990)
L. DISABILITY INSURANCE
[COMMENT: In addition to other types of health insurance, agreements often provide for short term or long term
disability insurance, either by designating coverage or providing the same benefits as those received by other
employees. For a separate discussion of provisions addressing the consequences of a city attorney becoming disabled,
see Section L below.]
Model 1. Disability Insurance. The City will pay the premium for a disability insurance policy, provided you
qualify, that will pay sixty-six and two-thirds percent (66 2/3%) of your salary during disability of greater than
sixty days up to age sixty five.
(City of Burbank, 1996)
M. DISABILITY OF CITY ATTORNEY
[COMMENT: Although not a common provision, some agreements provide contractual protection for the city attorney in
the event of a disability.]
Model 1. Disability. Employer shall be obligated to provide reasonable accommodation to Employee as may be
required by the Americans With Disabilities Act, or to provide Employee with such unpaid leave as may be
required by the Family Medical Leave Act or other applicable state or federal laws. After fulfilling such
obligations, Employer shall have the option to terminate this Agreement, subject to the severance pay
requirements of Section 3.
(City of Folsom, 2000)
N. AUTOMOBILE ALLOWANCE
[COMMENT: Cities often provide a designated vehicle allowance or provide a vehicle for the city attorney.]
Model 1. The City of Walnut Creek will provide the City Attorney with a monthly vehicle allowance in the
amount of $ . The amount will be evaluated annually to consider any change in the cost of ownership,
insurance and maintenance of the vehicle.
(City of Walnut Creek, 1988)
34 League of California Cities • www.cacities.org
Appendix A
Model 2. In lieu of a vehicle allowance, the City Attorney may elect to allow the City to.lease on behalf
of Employee a standard size vehicle on general terms and conditions commercially available. In this case, the
City shall be responsible for all lease payments, maintenance and operational costs except that Employee shall
be responsible for maintenance costs when out of town on overnight or longer non -City purposes. Employee
shall keep and maintain in full force and effect personal liability and property damage insurance in the
minimum amounts of $250,000 per person and $500,000 per occurrence and property damage of $100,000,
and shall name the City of Carlsbad as additional insured.
(City of Carlsbad, 1996)
O. RELOCATION/MORTGAGE ASSISTANCE
[COMMENT: A city attorney hired from outside the city may seek some form of reimbursement or stipend for the costs
of moving or assistance in obtaining a residential loan.]
Model 1. Moving Expenses. ATTORNEY shall be eligible for reimbursement from the CITY for relocating his
personal residence to the City of Simi Valley. Said reimbursement, as verified by written documentation,
shall'not exceed a maximum of Four Thousand Dollars ($4,000.00).
(City of Simi Valley, 1998)
Model 2. Mortgage Assistance. City Attorney's participation in the City of Sunnyvale's Mortgage Assistance
Program for Newly Appointed Charter Officers and Directors, as set forth in Resolution No. 125-89, as amended
by Resolution no. 160-96, shall continue.
(City of Sunnyvale, 1997)
P. INDEMNIFICATION
[COMMENT: In addition to a general provision covering reimbursement of expenses incurred in performing the job,
many contracts include a guarantee that the city will indemnify the city attorney for any liability he or she may
incur for actions occurring within the scope of employment.]
Model 1. INDEMNIFICATION. City shall defend, save harmless, and indemnify Employee 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 Employee's duties as City Attorney. City will
compromise and settle any such claim or suit and the amount of any settlement or judgment rendered thereon.-
Said
hereon:Said indemnification shall extend beyond termination' of employment, and the otherwise expiration of this
Agreement, to provide full and complete protection to Employee as described herein, for any acts undertaken
or committed in her capacity as City Attorney, regardless of whether the notice of filing of a lawsuit for such
tort, claim, demand, or other legal action occurs during or following Employee's employment with City.
(City of Pacifica, 1.997)
League of California Cities • www.cacities.org 35
Counsel and Council. A Guide For Building A Productive Employment Relationship 2004
Q. PROFESSIONAL DEVELOPMENT
[COMMENT: Many contracts provide for reimbursement of expenses incurred by the city attorney for training,
attendance at conferences and similar efforts for professional improvement. Some may also include a tuition
reimbursement clause.]
Model 1. PROFESSIONAL DEVELOPMENT
A. Employer hereby agrees, to the extent it is financially able, to budget for and to pay for travel and
subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate
to continue the professional development of Employee and to adequately pursue necessary official
functions for Employer.
B. Employer also agrees, to the extent it is financially able, to budget for and to pay for travel and
subsistence expenses of Employee for short courses, institutes and seminars that are necessary for
his professional development and for the good of the Employer.
(City of Madera, 1993).
Model 2. Tuition Reimbursement. Tuition reimbursement will be in accordance with current City policy that
provided for seventy-five (75%) reimbursement for eligible expenses up to fifteen hundred dollars ($1,500)
annually subject to a citywide limit of $25,000.
(City of Burbank, 1996)
R. BAR DUES
[COMMENT: Payment of California State Bar Association dues is required to practice law in California. Cities commonly
pay such dues on behalf of the city attorney. Less common are provisions for the payment of voluntary dues for the
American Bar Association or local bar associations.]
Model 1. Professional Associations. City shall pay Employee's annual dues for membership in the California
State Bar, the American Bar Association and the Placer County Bar Association.
(City of Rocklin, 1996)
S. BONDING
[COMMENT: Cities may seek a provision requiring a fidelity or surety bond covering the city attorney. Cities generally
pay the bond costs.]
Model 1: Bonding. CITY shall provide for the bonding of EMPLOYEE in an amount satisfactory to COUNCIL
and shall pay the costs of such bonding.
(City of South Lake Tahoe, 2001)
36 League of California Cities • www.cacities.org
Appendix A
T. ANNUAL PHYSICAL
[COMMENT: A provision for an annual medical examination may be sought by the city attorney as a benefit or
mandated by,the city.]
Model 1. Annual Physical. The City will.reimburse you for an annual physical examination riot to
exceed $500.00.
(City of Burbank, 1997)
Model 2. [City Attorney] shall, at City's expense, undergo an annual physical examination similar to the
extent such examinations are made available to other management employees.
(City of Newport Beach, 2000.)
U. NO REDUCTION OF BENEFIT
[COMMENT: While not common, the city attorney may seek protection against a reduction of his or her salary
or benefits.]
Model 1. NO REDUCTION OF BENEFITS. Employer shall not at any time during the term of this agreement
reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a
reduction across-the-board for all employees of the Employer.
(City of Madera, 1993)
V. . PERFORMANCE EVALUATIONS
[COMMENT: City attorney contracts vary greatly in the level of detail for performance evaluations. Some may describe
the procedure, but say little about the substance of the evaluation. Others set forth the specific components of
the evaluation.]
Model 1. Performance Evaluation. Council shall annually review and evaluate the performance of Employee
during the preceding year.
(City of Pleasant Hitt, 2000)
Model 2. PERFORMANCE EVALUATION PROCEDURES
A. The EMPLOYER shall evaluate the performance of EMPLOYEE at least once per year. The first evaluation
will be written and will be completed by the EMPLOYER by July 15,1994. EMPLOYEE'S evaluation will be
based on the duties and responsibilities of the City Attorney as set forth in the Charter and as assigned
by the EMPLOYER.
B. A copy of the written evaluation shall be delivered to EMPLOYEE. EMPLOYEE shall have the right to
respond orally or in writing to the evaluation. Within thirty (30) days of the delivery of the written
evaluation -to EMPLOYEE, the EMPLOYER shall meet with EMPLOYEE to discuss the evaluation.-
C.
valuation:
C. The EMPLOYEE will be responsible to EMPLOYER for providing annual written notice to EMPLOYER of the
need to complete the evaluation and for the scheduling of meetings at a mutual time for such purpose.
(City of Mountain View, 1994)
League of California Cities • www.cacities.org 37
Counsel and Council: A Guide For Building A Productive Employment Relationship 2004
W. AT WILL EMPLOYMENT
[COMMENT: Contractual provisions can imply that the city attorney has a property right in his or her employment.
It is not clear whether such a property right would contradict the professional definition of the attorney-client
relationship. Many contracts resolve such doubts with an explicit statement that the attorney serves at the pleasure
of the city council.]
Model 1. Nature of Relationship; Termination. It is understood by and between the parties to this agreement
that [City Attorney] in providing legal services to the City of Thousand Oaks, serves at the pleasure of the
City Council; and [City Attorney] shall have no right to a termination hearing, or to any vested right to his
position other than as contained in this agreement.
(City of Thousand Oaks, 2000)
Model 2. Miscellaneous Provisions. Neither this agreement, not any provision of state statute or local
ordinance, rule or resolution create any property right in favor of [City Attorney] in her employment as
City Attorney.
(City of Solana Beach, 1999)
X. TERMINATION/SEVERANCE
[COMMENT: The termination clause of a city attorney agreement is often the most detailed provision in an employment
agreement. City councils may be concerned about creating a property right in employment while city attorneys may be
concerned about summary dismissal. The following provisions are alternative approaches addressing these concerns.]
Model 1. Termination. In the event of involuntary termination of Employee, City shall pay Employee or her
estate in a lump sum or in installments or other manner as Employee or the executor of her estate may
demand, an amount equal to one time the then current annual salary. Involuntary termination as used in
this Paragraph 5 means Employee's discharge or dismissal by the City, or Employee's resignation following a
salary reduction greater in percentage than across the board reduction in salary for any other group of City
employees, or her resignation following a request by the City Council, approved by majority vote, that she
resign. "Involuntary termination" does not include Employee's death, incapacity due to injury, or illness
(physical or mental), dismissal for willful misconduct, malfeasance, dishonesty for personal gain, or following
conviction of a felony or misdemeanor involving moral turpitude, nor Employee's resignation for any reason
other than that so stated in this subparagraph C.
(City of Rocklin, 1996)
Model 2. RESIGNATION AND TERMINATION.
(b) Employee serves at the pleasure of the City and nothing herein shall be taken to prevent, limit or
otherwise interfere with the right of City to terminate the services of Employee with or without cause;
provided, however, the City Council shall take no action to terminate the services of Employee within
ninety (90) days after any election at which one or more members are elected to the City Council.
There is no express or implied promise made to Employee for any form of continued employment. This
Agreement is the sole and exclusive basis for an employment relationship between Employee and City.
(c) If the Employee is terminated by the City Council while still willing and able to perform the duties of the
City Attorney, the City agrees to pay Employee a single lump sum payment made on the effective day of
the termination, an amount equivalent to six months aggregate salary and an amount equivalent to six
months aggregate medical insurance benefit allowance. Any such payments will release City from any
further obligations under this Agreement. Contemporaneously with the delivery of the severance pay
herein above set out, Employee agrees to execute and deliver to City a release releasing City of alt
claims that Employee may have against City.
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Appendix A
(d) Notwithstanding paragraph 3(c) above, the City shall not be obligated to pay, and shall not pay, any
amounts or continue any benefits under the provisions of paragraph 3(c), if Employee is terminated
because of a crime of moral turpitude or a violation of statute or law constituting misconduct in office.
Further, City shall not be obligated to pay, and shall not pay, any amounts or continue any benefits
under the provisions of paragraph 3(c), in the event Employee voluntarily resigns without affirmative
action by City to terminate, initiate termination proceedings or request resignation, for example a
resignation to pursue other employment or professional opportunities.
(City of Pacifica, 1997)
Model 3. TERMINATION.
Notwithstanding Section 2, above, CITY may terminate this agreement without notice or cause at any time.
It is agreed that the relationship established hereby shall be "at will," except, however, that termination
of this agreement by CITY is recognized by CITY to create the potential for hardship and monetary loss to
CITY ATTORNEY and that such damages are, at the inception hereof, incapable of calculation. Therefore,
as liquidated damages, and not as a penalty, any termination pursuant to this subsection shall require the
payment by CITY of six months of CITY ATTORNEY's monthly salary and benefits. Payment of said liquidated
damages shall be in Lieu of any and all other remedies of CITY ATTORNEY, whether legal or equitable in
nature, nor shall CITY ATTORNEY institute or assist in filing or prosecution of any complaint, charge, or
accusation against CITY, its officers, or employees with any state of federal fair employment, equal
employment, or similar board or commission.
Should CITY terminate this agreement pursuant to A, above, CITY ATTORNEY shall have the option of
payment of compensation in one lump sum or bi-weekly over the appropriate period, or some combination
thereof. Compensation shall include the extension of non -salary benefits, or the monetary equivalent of
CITY's cost of such benefits. (City of San Pablo, 1990)
(City of San Pablo, 1990)
Y. RESIGNATION
[COMMENT: Provisions covering a city attorney's resignation typically set forth a notice period. The consequences
of a failure to provide such notice, however, is rarely specified.]
Model 1. VOLUNTARY RESIGNATION OR RETIREMENT: NOTICE OF INTENTION TO SEEK OTHER EMPLOYMENT:
NO SEVERANCE: Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
EMPLOYEE to resign at any time from his position as CITY ATTORNEY or to retire from public service. In the
event that EMPLOYEE voluntarily resigns his position, or retires, prior to the expiration of the term of the
agreement, EMPLOYEE shall give CITY three (3) months notice in advance, unless the parties agree otherwise.
Further, should EMPLOYEE begin to actively seek other employment, EMPLOYEE will notify EMPLOYER forthwith
of EMPLOYEE'S intention to seek other employment. In the case of a voluntary resignation or retirement,
no severance will be paid to EMPLOYEE.
(City of Vacaville, 1998)
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Counsel and Council. A Guide For Building A Productive Employment Relationship 2004
Z. CONFLICTS/OUTSIDE EMPLOYMENT
[COMMENT: Conflict of interest provisions are common in contracts with part-time city attorneys or private firms that
serve as city attorney. Some contracts also address outside employment.]
Model 1. Outside Employment: Attorney shall not engage in outside employment without the prior approval
of the Town Council.
(City of Danville, 2000)
Model 2. DUTIES.
(c) Employee shall not engage in any activity that is or may become a conflict of interest, prohibited
contract, or which may create an incompatibility of office as defined under California law. Prior to
performing any services under this Agreement and annually thereafter, the Employee must complete
disclosure forms required by law.
(City of 1Japa, 1993)
Model 3. CONFLICT OF INTEREST PROHIBITION. It is further understood and agreed that because of the duties
of the City Attorney within and on behalf of the City of Pacifica and its citizenry, the Employee shall not,
during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or
participate in any business venture conducting business in the corporate limits of the City of Pacifica, except
for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior
approval of the City. For and during the term of this Agreement, Employee further agrees, except for a
personal residence or residential property acquired or held for future use as her personal residence or
residential property acquired or held for future use as her personal residence, not to invest in any other
real estate or property improvements within the corporate limits of the City of Pacifica, without the prior
consent of the City Council.
(City of Pacifica, 1997)
AA. RESOLUTION OF DISPUTES
[COMMENT: Dispute resolution procedure provisions are common in city attorney agreements, notwithstanding the risk
of contradicting the at -will nature of the employment. Some procedures are limited to a review of the narrow issue of
whether there was "cause" to terminate because of the issue of severance pay.]
Model 1. ARBITRATION. Any controversy or claim arising out of or pertaining to this Agreement, or the
breach thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitrator(s) may be enforced as provided by California
law and shall constitute Employee's sole remedy for any claim arising out of his employment relationship with
the City.
(City of Concord, 2000)
Model 2. Suspension and Termination
(2) In the event Employee is terminated for cause, he shalt not be entitled to any severance pay or benefits.
"Cause" shall include, but not be limited to, the following reasons:
(a) Willful breach of this Agreement as interpreted pursuant to Labor Code Section 2924.
(b) Habitual neglect of the duties required to be performed as City Attorney as interpreted pursuant to
Labor Code Section 2924 which reads as follows: An employment for a specified term may be terminated
at any time by the employer in case of any willful breach of duty by the employee in the courts of .
his employment, or in case of his habitual neglect of his duty or continued incapacity to perform.
40 League of California Cities • www.cacities.org
Appendix A
(c) Any acts of dishonesty, fraud, misrepresentation or other acts of moral turpitude
(d) Commission of any act which would constitute a crime, whether misdemeanor or felony, or which
would bring disrespect to the office of the City Attorney or City.
(e) Willful or serious violations of City policies.
(f) Upon termination for cause, the city shall deliver to the Employee a written specification of the
charges or other reasons upon which "Cause" is alleged. Employee shall then have five (5) business
days to challenge such termination for cause by delivery of a written response to such specifications.
Within such five (5) day period, the Employee may also demand a hearing upon the specifications.
Failure to submit a written response or demand a hearing with the five (5) business day period shall
constitute a waiver of such right, and the Council's determination shall be final. If a hearing is
demanded, such hearing shall be held before an independent hearing officer to be mutually agreed
between the parties, or if no agreement can be reached, the hearing officer shall be selected from
a list provided by the State Mediation and Conciliation Services (SMCS). If a written response is
submitted, but no hearing is demanded, the Council shall review its decision based upon the
Employee's written response. However, any determination by the Council after reviewing such a
written response (where no hearing has been demanded) shall be final and without right of appeal.
The mutual selection of a hearing officer shall be accomplished within ten calendar days following
notice of Employee's request for a hearing. If the parties cannot mutually agree on a hearing officer
within the requisite time period, then the parties shall request a list of five hearing officers from
SMCS. The parties shall then take turns eliminating names from the list until one remains. The
remaining name shall (sic) will (sic) then be the selected hearing officer. The fees of the hearing
officer shall be advanced, in full, by the City. However, upon a finding of "cause" by the hearing
officer, Employee shall reimburse the City and be responsible for payment of fifty percent (50%)
of such fees. The decision of the hearing officer shall be binding and without right of appeal.
The issues to be -determined in the hearing shall be whether the specifications are supported by
substantial evidence. The parties acknowledge that a requested hearing for cause shall be held at
the earliest possible date, and to that extent, they shall cooperate in selecting a date for the hearing
which shall be no later that (sic) sixty (60) days following the City's notice of termination for cause.
In the event the hearing officer concludes in favor of Employee that no cause exists, Employee shall
be entitled only to the appropriate amount of severance pay and benefits as he would have received
if terminated without cause pursuant to Section 4, above. It is understood and agreed that this
section constitutes Employee's sole right to a hearing in connection with the termination of his
employment, and he hereby waives any rights to notice, cause, or hearing otherwise provided for
by City Rules, Ordinances, Resolutions or other legal authority.
(City of Banning, 2001)
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Counsel and Council, A Guide For Building A Productive Employment Relationship 2004
BB. GENERAWISCELLANEOUS PROVISIONS
Model 1. GENERAL PROVISIONS
14.1 This Agreement sets forth the entire agreement between the parties and supersedes all other oral or
written representations. This Agreement may be modified only in a writing approved by the CITY Council and
signed by all parties.
14.2 The failure of any party to enforce against another a provision of this Agreement shall not constitute a
waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of
this Agreement.
14.3 This Agreement shall be binding upon and inure, where applicable, to the benefit of the heirs at law
and executor of EMPLOYEE.
14.4 This Agreement shall not be assigned or subcontracted by either party without the consent of the other
party. Consent may be denied for any reason or no reason at all.
14.5 Should any provision, section, or subsection of this Agreement be declared. invalid or unenforceable by
any court of competent jurisdiction, such ruling shall not affect any other provision hereof, and the unaffected
provisions shalt remain in full force and effect.
14.6 This Agreement may be amended only in writing.
(City of Bakersfield, 1998)
Model 2. ,In the event of any mediation, arbitration or litigation to enforce any of the provisions of this
Agreement, each party shall bear its own attorney's fees and costs.
(City of Pacifica, 1997)
Model 3. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be
invalid or unconstitutional by the decision of a competent jurisdiction, such decision shall not affect validity
of the remaining portions of the resolution. The City Council of the City of Rancho Mirage hereby declares that
it has passed this resolution, and each section, subsection, clause, sentence or phrase thereof, irrespective of
the fact that any one or more other sections, subsections, clauses, sentences or phrases may be declared
invalid or unconstitutional.
(City of Rancho Mirage, 1998)
42 League of California Cities • www.cacities.org
Employment Agreement Provisions
Part -Time (Contract) -City Attorney
Appendix B "
AP IX
The following sections cover representative provisions from actual employment agreements between cities and part-time
city attorneys and, in some cases, with the Law firms selected to represent the city. While many agreements contain
the same provisions found in the employment agreements described in Appendix A, there are provisions that are
unique to part-time city attorneys.
A. INDEPENDENT CONTRACTOR/AT WILL STATUS
[Comment: Many part-time city attorney employment agreements contain provisions defining the nature of the
employment relationship.]
Model 1. Independent Contractor.
No employment relationship is created by this Agreement. The Firm shall, for all purposes, be an independent
contractor to the City.
(City of La Habra Heights, 1993).
Model 2. Tenure and Status. Attorney shall serve at the will and pleasure of the City Council and expressly
waives and disclaims any right to any pre -termination or post -termination notice and/or hearing, except as
he provided. In providing services pursuant to this Agreement, Attorney is an independent contractor,
and not an employee of City.
(City of Blue Lake, 2000)
B. DESIGNATION OF CITY ATTORNEY
[COMMENT: If a city council is contracting with a law firm for city attorney services, it may be desirable to identify
which member of the firm will serve as the city attorney.]
Model 1. Designation of City Attorney. [Name] is designated as City Attorney and General Counsel to the
Redevelopment Agency. The parties understand and agree that the Firm may, from time to time, utilize other
attorneys within the Firm to assist [Name of City Attorney] in the performance of this Agreement. [Name] is
designated as Assistant City Attorney. In [Name of City Attorney's] absence, [Name of Assistant City Attorney]
shall have full authority to sign documents or otherwise to act on behalf of the City.
(City of Barstow, 2001)
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Counsel and Council. A Guide For Building A. Productive Employment Relationship 2004
Model 2. Services of Assistants and Paralegals
A. The City Attorney may delegate some of his duties to other competent attorneys, paralegals, or law clerks
employed by him or his law firm, provided that the City Attorney shall be personally responsible ,for all
work performed by such assistants, and shall ensure that all work is performed in a competent and
professional manner.
B. The City Attorney, with prior notice to the City Council, may select another person or persons to act as
City Attorney in representing the City in cases where the City Attorney is unable to act due to illness,
vacation or other reason, or when the City Attorney requires such assistance. Such representatives will be
compensated at the City Attorney's own expense. The City Council shall have the right to reject the City
Attorney's choice of representative in its discretion.
(City of Campbell, 1994)
C. SCOPE OF SERVICES
[COMMENT: One of the most important provisions in a part-time city attorney agreement is a.clear delineation of the
services the city attorney will and will not provide. There is a direct link between the compensation and what work the
city attorney agrees to perform.]
Model 1. SCOPE OF SERVICES. Attorney shall provide the following services to CITY:
(a) Represent and advise the City Council and all City Officers in all matters of law pertaining to their offices.
(b) Represent and appear for any City Officer and/or employee or any former City Officer and/or employee, in
legal proceedings in which any such officer or employer is entitled by law to representation furnished by
the CITY.
(c) Attend all regular meetings of the City Council (2nd and 4th Tuesdays or each calendar month) and give
advice or opinion in writing whenever requested to do so by the council or any of the boards or
commissions of the CITY or by the City Manager.
(d) To be promptly available for telephone consultation and to render written opinions on given issues related
to CITY business in a timely manner.
(e) Approve the form and content of all contracts made by and all performance bonds, insurance of
certificates and like documents tendered to the CITY.
(f) Prepare/review all Ordinances, Resolutions, Contracts, Deeds, Leases, and all other legal documents as
requested by the City Manager.
(g) Provide recommendation and advice when requested by the City Council pertaining to the retention of and
employment of outside law specialists in complex and important cases in which the CITY may be involved.
(h) Investigate all claims and complaints by or against the CITY and prepare civil cases and act as trial
counsel as required and requested by City Manager.
(i) Review citations for violations of City ordinances in accordance with criminal/civil law and procedures;
prepare and try infractions, misdemeanors, and ordinance violations as required and requested by the City
Manager.
(j) Prepare extended legal opinions of a -complex nature for the City Council, officers, boards, commissions
and the City Manager as required and requested.
(k) Generally to oversee and manage the legal affairs of the CITY and to insure that the policies, programs,
and activities of the CITY and its employees and agents are carried out in compliance with at[ applicable
Law and that the best interests of the CITY are otherwise protected to the fullest extent possible.
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Appendix B
(l) Attend all regular agenda meetings of the City staff and to be available on agenda meeting day to provide
full range of normal City Attorney services to City Manager, the staff, -and the council, such as meeting
with City management in preparation and/or review of routine regulations, ordinances, rules and resolution
regarding general City matters and to render other service as required and agreed.
ATTORNEY shall provide the full normal range of services of the City Attorney as described above. ATTORNEY
may use the City's facilities and/or staff on a mutually agreed basis to accomplish his commission. ATTORNEY
shall establish and maintain services to the CITY in case of his unavoidable absence through temporary
Attorney services satisfactory to the CITY. ATTORNEY will provide the CITY with education and in-service
seminars as mutually agreed upon to maintain a level of education among the City Council members, staff and
management in order, to the fullest extent possible, to reduce liability and (sic) increase knowledge on the
part of the CITY pertaining to any and all legal matters.
(City of Dinuba, 1989)
Model 2. Quarterly Reports. To keep the Council and City Manager informed of the status of, litigation
involving the City, the City Attorney will submit a quarterly status report briefly outlining the status of each
litigation, including code enforcement litigation. The City Attorney shall advise City Council and City Manager
of significant developments in litigation involving the City as they occur. The status report shall be submitted
between the first and fifteenth of the following months (April, July, October, and January).
(City of Los Altos, 2001)
Model 3. Limitation of Duties. Attorney shall not be required to provide the following services:
Administration and legal representation of workers' compensation claims and litigation, except for general
legal advice in the area of workers' compensation and review of settlements recommended by the CITY's
contract administrators;
Negotiation and interpretation of M.O.U:s and other labor related matters, including disciplinary
proceedings, except to provide general legal advice on personnel matters related to the CITY's Personnel
Rules & Regulations, and at the request of the CITY, review recommendations of the CITY's contract labor
attorneys; and
C. Legal services related to the issuance of municipal bonds, certificates of participation, or other types of
capital improvement financing and assessment proceedings, and specialized redevelopment proceedings,
including updates and/or major amendments to the Agency Plan.
(City of Mento Park, 1993)
Model 4. If ATTORNEY determines that the best interest of CITY would be served by retaining outside counsel
("COUNSEL") to represent CITY on a particular matter, ATTORNEY shall so inform CITY and request authorization
to retain such COUNSEL. ATTORNEY shall only retain COUNSEL with prior authorization from CITY. [Name] will
bill CITY for the services provided by any COUNSEL without adding on any additional markup. [Name] may
charge CITY for ATTORNEY'S time spent supervising and coordinating with COUNSEL.
(City of Saratoga, 1999)
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Counsel and Council. A Guide For Building A. Productive Employment Relationship 2004
D. PRIVATE PRACTICE/CONFLICTS OF INTEREST
[COMMENT: Since the part-time city attorney typically has clients other than the city, many agreements address
the issues presented by such outside work.]
Model 1. Private Practice. The City Attorney may continue a limited private practice from the office
located in Cupertino provided that such practice shall not interfere with his obligations to the city.
Such private practice may include representation of other public agencies, teaching, judgment on a
pro tem basis, advising and representing individuals and businesses provided that such representation
does not involve any real or apparent conflict of interest.
(City of Cupertino, 1993)
Model 2. Conflict of Interest. [Name of Law Firm] and [Name of City Attorney] hereby covenant that they
have no interest not disclosed to CITY and shall not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of its services or confidentiality obligation hereunder,
exceptas such as CITY may consent to in writing prior to the acquisition by [Name of Law Firm] or [Name of
City Attorney] of such conflict.
(City of Saratoga, 1999)
Model 3. RESTRICTIONS ON FUTURE REPRESENTATION. In addition to the proscriptions regarding conflicts
of interest imposed on LAW FIRM by the Business and Professions Code and by the California Rules of
Professional Conduct, LAW FIRM represents that no member of LAW FIRM shall appear before any board,
commission, committee, or agency of CITY for the purpose of representing any other client of LAW FIRM's
for a period of six months from the date of termination of LAW FIRM's employment as City Attorney.
(City of Pismo Beach, 1998)
E. COMPENSATION
[COMMENT: Most part-time city attorney agreements contain a combination of a flat retainer amount for designated
city attorney work and an hourly rate for work beyond the basic work. The amounts vary greatly depending on the
definition of the scope of basic services.]
Model 1. Compensation. Attorney shall be compensated by Client for legal services as follows:
3.1. Retainer Services. For a monthly retain of $ (Dollars/Cents) (the "Retainer"),
Attorney shall render the following legal services on behalf of Client:
1. Attendance at regular meetings of the City Council and Agency.
2. Attendance at the monthly regular meeting of the Planning Commission:
3. Attendance at occasional meetings of the City Manager/Department Head staff on an
.as needed" basis.
4. Provision of up to five (5) hours of formal and/or informal legal advice and opinions to
Client or such other legal services up to the five (5) -hour maximum set forth hereinabove
as requested by the City Manager.
3.2. Non -Retainer Services.
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Appendix B
3.2.1. Except as provided in Section 5, all other services rendered by Attorney (hereinafter "Non -
Retainer Services") shall be payable at the rate of $ per hour for partners and associates
of Attorney. Legal assistants shall be billed at their normal hourly rates which presently range from
$ to $ and may be changed from time to time. Client shall receive notice
of such change in hourly rates for legal assistants.
3.2.2. Unless the parties otherwise agree, the hourly rate charged to Client shall be increased by an
amount which will not exceed the annual percentage of increase, if any, in the compensation granted
to City employees in general. In other words, if the City Council were to increase the salaries of City
employees by five percent (5%) in 1993-1994, Attorney's hourly rate would be increased to
3.2.3. Non -Retainer Services shall include, but not be limited to, rendition of legal advice to Client,
preparation/review of resolutions, ordinances, contracts and agreements, prosecution of violations
of City codes and ordinances and the representation of Client in civil litigation matters.
3.2.4. Non -Retainer Services shall not be rendered to Client by Attorney unless and until first
authorized by the City Manager or his designee. A prior written statement of the estimated cost
of such services shall be rendered upon request of the City Manager.
(City of Fillmore, 1992)
Model 2. General services will be billed to the City and Redevelopment Agency at the rate of $ per
month, for up to seventy five (75) hours during any month. Any time expended on general services beyond
seventy five (75) hours will be billed at the rate of $ per hour. General services include routine non -
litigation city attorney and agency attorney services and criminal prosecutions. Special projects and general
litigation services will be billed at the regular hourly rate of the individual working on the matter, currently in
the range of $ to $ per hour for attorneys and from $ to .$ for legal
assistants. A determination of whether a particular matter is a special project would be made jointly by you,
as the City Manager and I, as City Attorney. General litigation services include time spent on any lawsuit filed
by, on behalf of, or against the City, excluding criminal prosecution matters and major case litigation. In the
event that specialized legal services are required for items such as major case litigation or specialized legal
matters which involve the Firm's most senior and experienced lawyers or its legal specialists, the actual rates
billed may exceed $ per hour if approved by the City Manage and the firm in advance.
(City of Monrovia, 1992)
Model 3. Overhead. Except as expressly provided in this Agreement, Attorney shall pay all overhead incurred
in providing legal services to CITY including but not limited to reasonable and necessary office facilities,
equipment, books, supplies, secretarial services, word processing, faxes, telephone usage, insurance, office
supplies, copying, telephone, etc., (except for CITY stationery and CITY business cards, which shall be provided
by CITY).
(City of Menlo Park, 1993)
Model 4. Travel Time. The Town will not be billed for time spent in travel to and from the Town of Yountville.
Travel time to and from places other than the Town of Yountville will be billed at the foregoing rates.
(City of Yountville, 2001)
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Counsel and Council: A Guide For Building A Productive Employment Relationship 2004
Model 5. Multiple Matter Discount. Preferred rates shall be given CITY by LAW FIRM in public entity
specialty litigation matters when CITY qualifies for a "Multiple Matter Discount." Services of LAW FIRM shall
be compensated by CITY at the rates of the legal personnel rendering the services as indicated in the "Multiple
Matter Discount" column of the Public Entity Specialty Litigation Rate Schedule attached when the discount is
applicable. A "matter" is defined based upon an actual controversy arising out of the same transaction or
occurrence between the same parties, without regard to whether the controversy results in multiple lawsuits.
The term "multiple" is defined as 3 municipal Law specialty litigation matters or 5 litigation matters total.
Code Enforcement litigation matters shall not be counted to reach the "multiple matter" threshold.
(City of Pismo Beach, 1998)
F. BILLING STATEMENTS
[COMMENT: Since part-time city attorneys are not typically treated as employees in the payroll system, many
agreements spell out the billing method of billing for their services.]
Model 1. Billing. Procedures and Monthly Statements
A. The Firm shall submit to the City, within thirty (30) days after the end of each calendar month, an
itemized statement of the professional services provided and the time expended providing those services
in the form customarily submitted by the Firm to clients which are billed on an hourly basis. The parties
acknowledge that payment of all monthly statements is expected to be made within thirty (30) days of
the billing date. .
The Firm will bill the City for items such as, but not limited to, long distance telephone calls, filing fees,
document duplication, computerized legal research, and similar out-of-pocket expenditures. These items
will be separately designated on the Firm's monthly statements as "disbursements," and will be billed in
addition to the fees for professional services.
C. Time will be charged by the Firm in increments of 1/10 of an hour (i.e., six -minute units). The rate
structure in general, or the rates of particular attorneys, may be increased from time to time, after
written notice to the. City. To the extent feasible, such adjustments will be made so as to coincide
with the beginning of the City's fiscal year.
(City of La Habra Heights, 1993)
G. FEE DISPUTES
[COMMENT: Disputes over the legal fees may be addressed in varying ways, ranging from informal consultation
to lawsuits.]
Model 1. Objections to Billings. LAW FIRM encourages CITY to advise LAW FIRM promptly of charge which
appears to be incorrect. LAW FIRM will assume all charges are acceptable if CITY does not express any concerns
regarding a billing within thirty (30) days of its mailing.. Failure to question a billing or request an adjustment
within thirty (30) days from the statement wilt be deemed agreement by CITY that the stated charges are
correct and payable in full.
(City of Pismo Beach, 1998)
Model 2. Dispute Resolution Regarding Retainer/Non-Retainer Services and/or Billings. In the event of any
question or dispute regarding whether or not a specific legal service is covered by the CITY retainer, either
the City Manager or the City Attorney may request that such matter be referred to the City Council for
resolution. The determination of the City Council or a sub -committee authorized by the City Council to
review -such matters shall be final and binding.
(City of Menlo Park, 1993)
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Appendix B
Model 3. Resolution of Fee Disputes. The City is entitled to require that any fee dispute be resolved by
binding arbitration in Los Angeles pursuant to the arbitration rules of the Los Angeles County Bar Association
for legal fee disputes. In the event that City chooses not to utilize the Los Angeles County Bar Association's
arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees
charged by the Firm shall be submitted to binding arbitration in Los Angeles to be conducted by the
American Arbitration Association in accordance with its commercial arbitration rules.
(City of La Habra Heights, 1993)
Model 4. LEGAL ACTION UPON DEFAULT. If Client does not pay the balance when due or breaches any other
terms of this Agreement, [Firm Name] may demand that the entire unpaid balance be paid immediately and,
as provided by law, commence any legal action for collection of the balance due. Client and [Firm Name]
agree that all legal proceedings related to the subject matter of this Agreement shalt be maintained in
courts sitting within the State of California, County of Sacramento. Client and [Firm Name] consent and
agree that the jurisdiction and venue for proceedings relating to this Agreement shall lie exclusively
with such courts. Further, the prevailing party in any such dispute shalt be entitled to reasonable costs,
including attorneys' fees.
(City of Elk Grove, 2000)
H. BENEFITS
[COMMENT: Some agreements provide for medical insurance and other traditional employee benefits for the part-time
city attorney. At times, the only benefit provided may be city paid participation in the retirement program.
NOTE: Ca[PERS may no longer allow this for new enrollees.]
Model 1. Benefits. The City Attorney, Assistant City Attorney, and Deputy City Attorneys shall be employees
of the City. As such, the City Attorney, and only the City Attorney, shall be full time and entitled to full time
membership in the Public Employees' Retirement System based upon the allocation of salary to the City
Attorney set forth herein. The City shall take all steps necessary to provide said PERS benefits prospectively
and to assure the provision of said benefits from July 1, 1983 to the date of termination hereof, as previously
agreed, or provide comparable benefits. The City Attorney shall be entitled to receive the same health, life
insurance and disability benefits on the same terms and conditions available to any other management
employee of the City.
(City of Poway, 2000)
Model 2. PERS. The parties recognize that ATTORNEY may be eligible for and may elect membership in the
Public Employees' Retirement System, hereinafter referred to as "PERS", as provided in Government Code
Section 20361. In the event that ATTORNEY notifies CITY of [his] election of membership in PERS, CITY
shall contribute the employer share of required PERS contributions based on compensation for hours billed
by ATTORNEY. Total monthly contributions by the CITY to PERS shall be shown as a credit against billing
by [Firm] on the bill issued in the month following the contribution.
(City of Saratoga, 1999)
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Counsel and Council: A Guide For Building A Productive Employment Relationship 2004
1. INSURANCE AND INDEMNITY
[COMMENT: Most cities require all consultants, including contract city attorneys, to maintain insurance covering their
acts and omissions. Most cities also require that the consultant indemnify the city for any liability, regardless of
whether insurance coverage is applicable.]
Insurance Requirements
Commencement of Work. CONSULTANT shall not commence work under this Agreement until it has obtained CITY
approved insurance. For automobile insurance policies, CONSULTANT shall provide CITY, prior to commencement
of work, with a separate endorsement which states that the policy contains the following language:
The CITY, its elected officials, officers, employees, agents and representatives are named as
additional insureds; and
• the insurer waives the right of subrogation against CITY and CITY'S elected officials, officers,
employees, agents, and representatives; and
• insurance shall be primary non-contributing.
CONSULTANT shall furnish CITY with copies of all policies or certificates subject to this Agreement, whether
new or modified, promptly upon receipt. No policy subject to this Agreement shall be canceled or materially
changed except after thirty (30) days' notice by the insurer to CITY by certified mail.
Workers Compensation Insurance. CONSULTANT and all subcontractors shall maintain Worker's Compensation
Insurance, if applicable.
Insurance Types and Amounts. CONSULTANT shall maintain general commercial liability and automobile
insurance against claims and liabilities for personal injury, death, or property damage, providing protection
of at least $1,000,000 for bodily injury or death to any one person for any one accident or occurrence and
at least $1,000,000 for property damage. CONSULTANT shall also maintain a claims -made professional liability
insurance in an amount of $1,000,000 per claim.
Acceptability of Insurers. All insurance required by this Agreement shall be carried only by responsible
insurance companies licensed to do business in California. Insurance is to be placed with insurers with
a current A.M. Best's rating of no less than A:VII.
Provision of Agreement to Insurers. CONSULTANT represents and warrants that they have provided a copy
of this Agreement to their respective insurers, and the insurers are aware of all obligations pertaining to
CONSULTANT as stated in this Agreement.
Indemnification
CONSULTANT agrees to protect, and hold harmless CITY and its elective or appointive boards, officers, agents,
and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys'
fees, for injury or death of any person, or damage to property, or interference with use of property, arising
out of, or in any way connected with performance of the Agreement by CONSULTANT, CONSULTANT'S agents,
officers, employees, subcontractors, or independent contractors hired by CONSULTANT. The only exception to
CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided
by CONSULTANT.
50 League of California Cities • www.cacities.org
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Topics include: The nature of the employment relationship; the recruitment and selection of a city attorney
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02004 League of California Cities
All rights reserved.
City Attorneys Department
League of California Cities
Annual Conference
October 1999
Bart J. Thiltgen
City Attorney
THE CITY ATTORNEY/
CLIENT RELATIONSHIP
Bart I Thiltgen, City Attorney
Office of the City Attorney
1501 Truxtun Avenue
Bakersfield, California 93301
Table of Contents
Introduction...................................................................................................................................................1
TheMany Roles of the City Attorney .............................................................................................................1
The Vadous Attributes of the City Attorney...................................................................................................1
Developing Communication With the Client..................................................................................................2
Developing Communication With the City Manager......................................................................................2
The City Manager and the City Attorney — A Unified Position.......................................................................3
Developing Communication With Department Heads...................................................................................4
The Necessity of Flexibility on the Part of the City Attorney..........................................................................5
Providing Advice to Boards and Commissions.............:...............................................................................6
Providing Well -Reasoned Advice to the Client..............................................................................................6
Conclusion....................................................................................................................................................7
1
THE CITY ATTORNEY/
CLIENT RELATIONSHIP
Introduction
As City Attorneys, we have all encountered circumstances which have caused us to consider
ethical and legal requirements dealing with the attomey-client relationship. Numerous treatises have been
prepared addressing these issues, some of which have been presented to this group. Rather than rehash
what may be considered by some as firmly established _principles, this paper is being presented to address
the practical issues which continually arise in our practice.
The Many Roles of the City Attorney
Over the years, numerous labels have been attributed to the role of the City Attorney, including, but
not limited to, the following: adviser, advocate, bureaucrat, hand -holder, naysayer, obstructionist, palace
guard, scrivener, and even the public watchdog. Each of these labels may be construed by many people,
including departments heads, City Managers, and even Council members, to be accurate. The City
Attorney must be aware that, in fact, under specified circumstances, the label may be appropriate. For
example, in the standard "approval as to form" on a contract, one area the City Attorney is reviewing is
whether or not all the legally established procedures have been followed. Another is whether or not the
contract includes all of the insurance requirements as dictated by the legislative body. If these are not
present, technically the City Attorney should not approve that contract "as to form." This could be
construed to be an obstructionist or a naysayer. In fact, what the City Attorney is doing is protecting the
public entity and ensuring compliance with established policy and law.
The Various Attributes of the City Attorney
While labels are easy to assign, in reality, the City Attorney is simply exhibiting necessary
attributes. One of these attributes is the capability for a City Attorney to be politically aware and yet
apolitical at the same time. In order to accomplish this, the City Attorney must be consistent,
straightforward, and able to exhibit the ability to develop alternative, yet legal, means to accomplish the
desired end result. Flexibility is necessary to master this attribute, but the City Attorney must nevertheless
not forego his legal responsibility to provide the best legal advice to his client.
011
Developing Communication With the Client
In order to do so, the City Attorney must be able to establish good communication with his client to
be able to evaluate all pertinent circumstances. A client must have faith in the City Attorney to be able to
express to him the desired end result. This will provide the City Attorney the opportunity to develop
alternatives which are the most defensible for the city. While being a naysayer, an obstructionist, or a
bureaucrat at times may appear to his client to be undesirable attributes, if the City Attorney has developed
the proper relationship with the client, the client will understand that the City Attorney is merely doing his
job in the best interest of the city. As communication increases between the City Attorney and his client, he
can be utilized by the client to accomplish the desired end result. From a practical standpoint, this is one of
the most important factors which should be established by a City Attorney.
It is undisputed that the public entity is the ultimate client of the City Attorney. Nevertheless, the
Council, City Manager, or department heads operating in the course and scope of their duty on behalf of
the city may- also, under specific circumstances, be the client. Development of a rapport among these
individuals with the. City Attorney to facilitate determination of the desired end result will enable the City
Attorney to perform his function. This function can be either in litigation or an advisory role. In either case,
the most defensible means of accomplishing the goal is what is ultimately desired by the client.
Developing Communication With the City Manager
- The City Manager is one of the primary .officers with whom the City Attorney must deal and
establish communication. The City Manager is responsible for operations in most Council forms of
government. Upon establishing communication with the City Manager on numerous issues, whether it be a
new project for development, CDBG money allocations, or simply the manner in which to present an issue
to the Council, the City Attorney can assist in heading off potential problems and suggest alternative means
of addressing the City Manager's issue while maintaining maximum defensibility.
In order to establish good communication with the City Manager, one of the means I have utilized
is to sit down with the City Manager prior to the Council Meeting to review all of the items that are on the
agenda to determine if there are any items which may create a legal question. Sometimes by reviewing
those, not necessarily a legal question but an operational question or political question may rise to the
surface. Two heads thinking on the same thing look at it from two different points of view. Simply by
communicating these different points of view can alert both the City Attorney and the City Manager to
questions or positions which may be brought up by the Council. Like preparing for trial, preparing for a
Council Meeting is very important. The day before the Council Meeting, and especially if there is a closed
session scheduled, we will discuss exactly what is going to be presented in the closed session and bounce
our ideas off of each other. Input from the City Manager as far as the presentation to be made in a closed
session can be very valuable. While we may be talking about legal issues, most of the time there are
operational issues which may be impacted. It must be remembered, the City Manager is a professional.
Generally, he has a higher education degree in public administration and has experienced numerous
issues from various perspectives.
-1-
The City Manager and the City Attorney — A Unified Position
Once communication is developed, the City Manager and the City Attorney can be on the same
page in presenting a unified position to the Council. From a practical standpoint, it makes no sense to have
the City Manager presenting one side of the issue and the City Attorney saying, "no, that is not legal or that
is not the best way to do it." Communication development between the City Manager and the City Attorney
is one of the most important things in my. view in the operation of city government. If there is
communication, the City Manager and the City Attorney can discuss these matters first without placing the
Council in a potentially untenable political situation. Obviously, agreement cannot be reached on every
issue. However, if the City.Manager and the City Attorney know they are not in agreement to start with,
they can temper their presentation to the point where it does not seem they are fighting in front of their
bosses.
As an example, in a recent situation, the City Manager wanted to take one position and I wanted to
take another. While we were discussing the matter, we reached a mutually agreeable position at the same
time recognizing that when we would present it to the Council, we would indicate the other person had a
varying opinion on the matter. What this did was present to the Council a unified position as far as end
result but provided alternative choices for the Council policymaking decision. It was not approached from a
standpoint of "I am right, he is wrong," but rather, there are two alternatives, neither of which may be the
best alternative in the opinion of the other person. It provided to the Council a reasoned approach in which
they could make their decision from their policy perspective. Once that decision is made, obviously the
position of the City Attorney is to support and implement their decision. The only time that it will become
problematic is if, in fact, the Council wants to do something that is clearly and indisputably illegal. At that
stage, the City Attorney has a duty to the Council and its entity to step forward and say to the Council,' "no,
you cannot do that legally." At that stage, the Council has to have confidence in its City Attorney. Such a
confidence is only brought about by honesty, consistency, and forthrightness by the City Attorney in all of
his dealings with the Council.
The Council may not want to hear what the City Attorney is saying, and specifically will not want to
hear, "no, you cannot do that." However, if the City Attorney has been consistent and honest in the past,
the Council will accept such a position in the vast majority of cases. The confidence of the Council in its
City Attorney is only developed when there are open lines of communication between the City Attorney and
the Council, as well as between the City Attorney and the City Manager. If there is consistent bickering or
opposing positions taken between the two appointed officials, the Council is not going to have confidence in
either of them. When the City Manager and the City Attorney work together and provide a unified position
that is in the best interest of the City, the Council will develop its confidence in both parties so that when the
City Attorney must say, "no, you cannot do that," the Council will accept that. It may not like it, but it will
accept it. Concurrently, the Council will develop respect for the City Attorney so when there is further
opinion that has to be given that may not be a "no," but may be an alternative, more defensible position, the
Council will then view that with respect and give it its due consideration.
-2-
Developing Communication With Department Heads
While the development of lines of communication with the City Manager, as well as a relationship
of trust between the City Manager and the City Attorney are extremely important, there is no doubt the
same lines of communication and establishment of trust between department heads and the City Attorney
is also important. The view that the City Attorney should work solely with the City Manager is at times not
the most appropriate consideration. In my opinion, a function of the City Attorney is to provide preventative
legal advice. Without a line of communication between the department head and the City Attorney, the
department head may suggest something to the City Manager who, upon consulting with the City Attorney,
finds out this is not the most defensible way to accomplish the task. The City Manager may then lose
confidence in his department head. There are many circumstances when the department head may wish
to contact the City Attorney's office first and, upon receiving that advice, decide to change what he is
recommending to the City Manager. Obviously, the relationship between the department heads and the
City Manager is an important factor to be considered. However, the role of the City Attorney is to be an
adviser to the entity. Department heads are representatives of that entity and have a tremendous amount
of influence over how that entity operates.
Certain actions, specifically personnel matters, require in-depth analysis of potential ramifications.
These are legal ramifications rather than practical ramifications. Without the establishment of a line of
communication between the department head, who may be recommending disciplinary action, and the City
Attorney, there may be instances when circumstances have arisen which the City Attorney then must
address after the fact. This after -the -fact litigation, in a lot of circumstances, could have been avoided
through the suggestion of alternative means or use of proper procedures. The City Attorney is not there as
a policymaker. The City Attorney is not there to say what should or should not be done with regard to
certain situations. The City Attorney is there to evaluate the situation from a legal standpoint and provide
sometimes innovative means of accomplishing the ultimate goal of the policymakers.
The Necessity of Flexibility on the Part of the City Attorney
The City Attorney must be, flexible and cannot cast his feet in stone. What may have been
procedurally right today may not necessarily be the proper or most effective means of accomplishing the
same goal two months from now. Circumstances change. This is not to say the City Attorney will endorse
an illegal process, but alternative legal means to accomplish the same end may be the way to go. Political
waves vary. The City Attorney must be aware of those political waves. Circumstances could change which
may cause the policymakers to determine a different end result is more desirable. In order to allow for this
political flexibility, the City Attorney must make sure his advice to the Council concerns an articulated
question rather than an assumed question. Once communication has been developed among Council
members and the City Attorney, an articulated question can be posed and answered. If a political wave
changes, the established communication lines will allow another question to be posed, with an. answer
prepared accordingly. This is not to say the City Attorney is waffling, but rather, the City Attorney is flexible
and can view things from various alternatives.
-3-
The same relationship should be developed between the City Manager and the. Council. The City
Manager may have assumed a position which he believes the Council wishes him to take and presents that
position to the City Attorney. The City Attorney and the City Manager can come up with a unified, best
alternative to accomplish that end. If, however, the City Manager has misread the desires of the Council,
the City Attorney and the City Manager may have to view other alternatives to accomplish the end which
they now know to be the desire of the Council. If the City Attorney is outside of the communication
network, the City Attorney will get caught in the long run. .
A City Attorney is generally looking at the legal aspects of an issue. A City Manager is looking at it
from the operational standpoint. Both must recognize the viewpoint of the other. The perspective of each
individual can be very valuable in the development of a recommended action, whether it be for litigation,
advisory, or position. If there is respect between the City Manager and the City Attorney, they can arrive at
what may be the best solution for the city.
As professionals, we like the input of other professionals. Respect between the City Manager and
the City Attorney is extremely important and provides for the basis of a smooth operation. There are many
times when the City Manager, through his experience, may provide a different insight into how best to
handle a legal problem. Conversely, there. are times the City Attorney may provide a suggestion to the City
Manager which can allow him to perform his job in a more effective manner. They are both there for one.
reason, and that is to serve the public entity and the Council. As such, the more input they provide each
other, the better the decision-making process. If either the City Attorney or City Manager has his feet cast
in stone, the communication lines are strained. If, on the other hand, one takes a firm position, the respect
that has developed between the two creates the ability of the other to reconsider his position. In the vast
majority of cases, it is the mutual agreement between the two positions which will be in the best interest of
the city.
Providing Advice to Boards and Commissions
While dealings with the City Manager are extremely important for fulfilling the duties of the City
Attorney, the City Attorney has a further obligation to provide advice to the elected officials and the Boards
and Commissions they advise. This advice should be based upon legal parameters, not policy issues.
This is not to say that, in one-on-one conversations, a City Attorney could not point out to an elected official
or a Board member potential ramifications (legal, practical, or political) of the way they may be thinking.
However, when providing official written or verbal legal advice to the full Council, Commission, or Board,
the advice should be limited to just that, legal advice. Councils, Boards, or Commissions may at times tum
to the City Attorney and say, Vhat do you think?" Answering this question should be avoided, if at all
possible. The City Attorney is not there to provide the policy direction. However, the City Attorney could
respond as to what the Council can or cannot do legally.
Providing Well -Reasoned Advice to the Client
IN
One thing a City Attorney must recognize in dealing with elected officials, the City Manager, or
department heads is the City Attorney must be responsive with well -reasoned advice. Shooting from the
hip is not the way to go. While the Council may wish an answer right then, if the City Attomey is unsure, or
does not have a firm basis in his mind, it is much better to say, "I do not know, but I will research this issue
and respond back to you in a timely manner." This position eventually develops confidence in the City
Attorney, particularly when he is working with the City Manager. Generally, City Managers want an answer
right now, because they have operational time constraints. However, if the City Manager knows when he is
getting advice from the City Attorney that it is well -reasoned and has a good basis, he can proceed
accordingly. If the City Attorney tells him, "I do not know, but let me find out and get back to you," then the
City Manager, over time, will realize it is better to wait than jump. Upon receiving that legal advice, the City
Manager can then rely on that advice. The Council is the same way. Generally, Council members do not
want to make a decision that may have legal or potential political ramifications. It is generally much better,
politically, to defer a decision to get the proper legal advice first versus having to retract a publicly stated
position.
While the tips and techniques for accomplishing this can vary from individual to individual, the vast
majority of members of an elected body, an appointed body, or the operational arm of a city will respect
consistency and well -reasoned legal advice. As confidence is earned over a period of time, respect will
grow if the City Attorney maintains that consistent approach. Communication development is an important
factor to develop the consistent approach. The ability to communicate with the City Manager and the
Council is an important factor in developing respect so the City Attorney can present a viable legal
perspective to an issue.
Conclusion
Through cooperation with the City Manager, department heads, and primarily with the Council, the
ultimate benefit is to the entity itself. The entity and its constituents, which are the citizens of the city, will
be better off through such consistency. The City Attorney has a duty, in some respects, to represent the
interests of the public. By providing the best service possible through a consistent, reliable, and
communicated legal representation of the entity, in the long run, the public interest is best served.
-5-
8
CITY 6F iXAI& �64CW
FACTORS IN DECIDING TO UTILIZE IN-HOUSE
LEGAL SERVICES OR TO CONTRACT OUT
A recent article in the Long Beach Business Journal dealing with the
"inflated" salaries of City employees, asserted that the City should reduce the
number of contracts with outside law firms. After all, it reasoned, given the
generous salaries paid to its deputies "isn't there enough legal expertise among
current employees" to handle more of its legal services in house? Thus, the
underlying assumption is that the decision of a public law office to contract out
may represent an abdication of responsibility. The purpose of this paper is to
briefly outline those considerations which bear upon and which legitimize the
decision to employ outside counsel.
For most cities in California, small in size and resources, the comments of
Donald Greenberg, former City Attorney of Ventura, express a fundamental fact:
"As we approach the 1990s, city attorneys are generalists in a field
that used to be a specialty called `municipal law.' But municipal law
increasingly has become an area composed of a great many
subspecialties. The city attorney of today and the future, is more
and more like the general practitioner in medicine --more and more
a true general counsel to the municipal corporation having to work
harder and harder to keep up with his/her field and no longer able
to know instantly, with the easy depth of the specialist, all of the
intricacies of vast areas that have become major specialties of their
own.
The old model of the general practitioner of municipal law who
could advise the governmental entity on nearly everything it might
need to know, possibly on a part-time basis, has long since
passed."'
It is submitted that for those public law offices the basic question is not
whether to employ outside counsel, but rather whom to employ." This paper will
address the decision making process as it applies to those city attorney's offices
which are staffed to a level which may suggest to its citizens that there is
"enough legal expertise." Why then would such an office resort to outside
counsel?
A succinct response to this question is contained in a recent article dealing
with the issue as experienced in Baltimore, Maryland, which has 80 lawyers in its
legal department:
"However much cities may want to do their own legal work, they will
never stop using private lawyers. Not even the largest city
government could afford to keep on staff an array of lawyers
competent in every legal specialty it needs to call upon
occasionally. Some marathon cases would tax the capacity of even
the best -stocked legal department all by themselves. Baltimore has
been involved in labor-intensive litigation involving its public schools
for several years. 'I can't hire 10 lawyers to handle this case,'
solicitor Thompson says. 'When it's over I'll have 10 lawyers on
staff. What do I do with them?'""'
With the foregoing in mind, the following points are submitted:
In general, the decision to contract out will be based upon
one of, or a combination of, three factors: a legal conflict of interest,
a lack of technical expertise, or a lack of staffing. The existence of
a conflict of interest will normally require outside counsel and
therefore all public law offices must contract out to some degree.
There should first be in place an overall plan or philosophy
as to the desirability of resorting to outside counsel. The
Long Beach City Attorney's Office, consistent with most "full
service" public law offices, attempts to handle the City's legal
services in-house as much as possible. Particularly with
respect to litigation, this has obvious advantages in terms of
cost control and management of the course and outcome.
Simply stated, absent a conflict of interest, if the in-house
technical and staffing capability exists, the matter is handled
in-house.
The decision to hire outside counsel should be made only
after full consultation with in-house staff. This may seem an
obvious point. However, once a decision is made to contract
out a lawsuit, it is realistically difficult to bring the matter back
in-house.
The basis for hiring outside counsel should be clearly
articulated. While the need to contract out a particular legal
matter may be obvious to staff, the public perception may be
different. Criticism based upon an inaccurate or, simplistic
view of the reasons for resorting to outside counsel may be
avoided by an early and detailed analysis of the basis for the
decision.
I
Is the decision to contract out based upon a'lack of technical
expertise? For example, the City of Long Beach maintains its own
gas department. With unique and complex legal questions relating
to deregulation, it is not only reasonable but fully cost effective to
contract out.
Is the decision based upon lack of staffing? Even apart from
the "marathon" cases, the cyclical nature of litigation, as well as
unforeseeable but time consuming legal issues, might well dictate
the use of outside counsel. The alternative of hiring extra staff,
apart from being politically incorrect, ultimately results in over
staffing.
In some instances, it may be advantageous to seek the
expert advice of outside counsel for only a facet or several
facets of a case. This may be particularly true where an
otherwise routine litigation matter delves into areas requiring
specialized knowledge not available from in-house staff.
Close monitoring of outside counsel activities by an assigned
in-house attorney cannot be over emphasized. This will
insure that the litigation or other matter is resolved as
expeditiously and inexpensively as possible.
Situations involving a legal conflict of interest present issues
which are largely beyond the scope of this paper, since the
need to hire outside counsel is normally clear cut. However,
in tort litigation, potential conflicts of interest may be
anticipated and thereafter avoided or mitigated by early full
disclosure to the employee. In certain circumstances a
waiver of conflict may be appropriate. In any event, it is
crucial to secure the cooperation of the employee even
where the employment of outside counsel is necessary.
This is accomplished (hopefully) by demonstrating that it is
not in the financial interest of the City to take a position
contrary to that of the employee.
The decision to contract out in a municipality employing a "full service" in-
house municipal law office is properly subject to close scrutiny. The city attorney
in these circumstances must be prepared to place the decision in the context of
an overall strategy that contemplates the use of in-house counsel whenever
possible, but recognizes the rare situation in which contracting out is fully
appropriate and in the public interest.
'Astute readers will note that this quotation is lifted from an excellent article by Michael Miller, City
Attorney of Arcadia - Selection and Using Special Counsel, League of California Cities Directory of
Municipal Law Practitioners (1995). Be, of course, lifted it from Mr. Greenberg.
"Issues arising after the decision is made are well addressed in the aforementioned Directory of Municipal
Law Practitioners.
"`Ellen Perlman, Costly Advice, Governing, May 1997, at 45, 46.
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LEAGUE OF CALIFONRIA CITIES
CITY ATTORNEY'S DEPARTMENT SPRING CONFERENCE 2003
STAFFING THE CITYATTORNEY'S OFFICE
Wednesday, May 7, 2003
Jennifer L. Pousho
"Hiring in the City Attorney's Office: A Perspective"
INTRODUCTORY REMARKS
Asa "new" Deputy City Attorney in the San Jose City Attorney's office, I
will be sharing my thoughts and experience about the recruiting and hiring
process from the candidate's perspective.
II. PRELIMINARY CONSIDERATIONS
Working in the City Attorney's Office presents challenges and
opportunities that do not exist in other legal environments. The diversity of
legal issues and the dynamics of interacting with staff members and
councilmembers requires attorneys to have skills and experience that may
not be as valued in other types of practices. Before starting the recruiting
process you should carefully think about the particular needs of your
office.
A. Assess your needs
1. Define the scope of the position that is available.
a. Identify the specific duties the attorney will be
performing.
b. Evaluate workload
i. How many matters or assignments will the
attorney be expected to handle?
ii. Will the attorney be assigned to one area or
will the attorney be expected to balance a
number of different types of assignments?
2. If an existing position is available, will the duties and
responsibilities remain the same?
3. Should the duties be adjusted to accommodate and reflect
your changing priorities or needs?
B. Establish priorities
1. Years of experience
2. Type of experience
3. Communication skills
4. Negotiation skills
C. Identify limits
1. Salary
2. Schedule
3. Benefits
III. RECRUITING PROCESS
A. Make sure that you can make an offer at the end of the process
before seeking applicants or posting the position.
B. Advertising job opportunity
1. Legal publications and newspapers
2. Specialized locations
a. Law schools
b. Bar associations
c. Professional recruiters
C. Seek referrals from friends, attorneys in your office and colleagues.
You are more likely to find a candidate who will fit in and work well
with the rest of your office.
IV. INTERVIEWING
A. Setting up the interview
1. Let the candidate know who will be conducting the
interview.
2. Provide the candidate with details of the interview process:
estimated time of interview, parking arrangements, number
of writing samples and resumes to bring, etc.
B. Scheduling
1. Try to be flexible when setting up interviews. (Remember:
the people you are interviewing are practicing attorneys
with busy schedules too!)
2. Do not communicate with candidate at current employer
unless given express permission.
2'
C. Form of interview
1. Formal v. informal
a. Selecting one process over the other, (or a
combination of the two), depends on the type of
information you want to solicit.
b. Formal process
i. Some candidates perform better under
pressure and will be better prepared.
However, interviewing in front of a panel
and responding to hypotheticals, may limit
the ability of the candidate to effectively
share his or her level of experience with
you.
ii. Again, keep in mind the nature of the
position and attributes you feel would be
particularly valuable e.g., if the candidate
will be staffing boards and commissions, or
is a litigator, a formal panel interview may
be the most effective interview process.
c. Informal process
i. A relaxed atmosphere can enhance the
candidate's ability to share his or -her
background and experience. This in turn
may reveal more about the candidate's
abilities to perform the specific duties of the
available assignment. However, you may
not have an opportunity to perform in a
pressure situation. There is also a' risk of
losing focus on important topics.
ii. Think about including a member of the
client department, who is a knowledgeable
person that you respect and whose opinion
you value.
D. Other discussion items
1. Salary
2. Benefits
3. Support staff
4. Office environment
3
5. Hardware/software
E. Communicate realistic time frame for making a decision.
V. MAKING AN OFFER
A. Communicate rejection as soon as possible.
B. If you are undecided, let the candidate know.
C. If there is follow-up to do e.g., checking references, background
check, getting more writing samples, etc., let the candidate know as
soon as possible.
D. Respond within time frame given to candidate or let the candidate
know it will take more time.
VI. CONCLUSION
A. Identify and understand what your goals and expectations are
before beginning the process.
B. Communicate those goals and expectations to candidates at the
outset of the process, whether it is before the interview or during
the interview. The more information the candidate has about the
assignment and your office up front, the greater your chances of
finding an employee who can meet your expectations and who
works well with others.
E
P
CITY OF ROHNERT PARK
Request for Proposal
City Attorney Services
I. INTENT
The City of Rohnert Park is soliciting proposals from qualified law firms to serve as City
Attorney. The current contract City Attorney is retiring this spring with over twenty-five years'
service to the City.
II. THE COMMUNITY
Rohnert .Park is the gateway to the beautiful and scenic Sonoma County wine country. The
Community of Rohnert Park is a well-planned, well -kept community with 13 neighborhood
parks, 9 tennis court complexes, 4 swimming pools, and two 18 -hole -golf courses. The City is
home to 39,000 residents and occupies approximately 7 miles of land area. Rohnert Park
provides a quality of life with Higher educational opportunity available through Sonoma State
University. The City owns and operates a Performing Arts Center, Community Center and the
Peter M. Callinan Sports and,Fitness Center that is one of the finest public facilities in Northern
California.
The City of Rohnert Park is a General Law City operating under the council/manager form of
government. Five Council members are elected at large for two-year, overlapping terms. The
City Council selects a Mayor for a one-year term with the duties of presiding over Council
meetings and being the principal representative of the City.
I.H. CITY GOVERNMENT
The City Council appoints a City Manager to be the Chief Executive Officer of the City
government, and a City Attorney to provide legal services to both Council and staff. The City
Manager is responsible for all other personnel appointments within the parameters of the
personnel system. Reporting directly to the City Manager are the Assistant City Manager,
Personnel Manager, City Engineer, Building Official, Planning Director, Finance Director/City
Treasurer, Director of Performing Arts, Recreation Director, Director of Public Safety and
Public Works Manager.
The total current annual operating budget for the City is $19 million with a regular staff of 179
employees.
IV. CURRENT LEGAL SERVICES
Currently, legal services are provided under contract with John D. Flitner. Mr. Flitner is retiring
in the spring of 1999.
The City is a member of the Joint Powers Authority called Redwood Empire Municipal
Insurance Fund (REMIF) for its Risk Management function, which provides assistance on
workers' compensation and general liability matters. This includes legal defense and indemnity.
The City contracts with the law firm of Whitmore, Johnson & Bolanos for more difficult and
complex employment issues.
The City uses special counsel, as determined by the City Attorney and City Council, on issues
that involve land use, debt financing, civil litigation, redevelopment, rent control and other
specialized areas.
V. CURRENT LEGAL ISSUES
Rohnert Park requires legal services traditionally provided by city attorneys. The City Attorney
provides written opinions and legal advice, reviews all city contracts., prepares and/or assists in
the preparation of ordinances, contracts and resolutions. The City Attorney interprets and
determines the applicability of state laws, the Brown Act and Conflict of Interest Codes.
t
The City Attorney also provides assistance with land use, the California Environmental Quality
Act (CEQA), general plan update, zoning ordinances, development agreements, building codes,
leases and contracts, property acquisition/leases, litigation management and representation,
specialized counsel in employment matters, cable television/communications, Proposition 218
fee and charges issues, redevelopment, rent control, and represents or coordinates representation
in litigation not covered by REMIF and related matters as determined by the City Council.
VI. CITY LEGAL PRIORITIES
• Advise City Council, City Manager, staff and Boards/Commissions regarding policy and
procedures.
• Timely review of agenda items in advance of City Council meetings.
• Development and review of contracts and leases.
• Litigation representation and management on various legal issues.
• Advise Public Safety Department staff on law enforcement and related matters.
• City Council and staff training on . the Brown Act, Conflict of Interest Codes, CEQA,
Personnel.
• Revision and update of the Municipal Code.
• Land Use — General plan update, zoning ordinance, and code enforcement.
VII. CITY EXPECTATION AND IDEAL CITY ATTORNEY SERVICES
The City is seeking a law firm to provide the full -range of municipal law services. A full service
law firm that can meet not only the City's routine municipal law requirements, but can also
provide specialized expertise when needed; or small firms that can provide routine municipal
services directly and specialized assistance through other resources. The ideal city attorney
services will provide/have:
• Responsive and timely service with a practical team -oriented approach.
• Timely review of routine ordinances, resolutions, contracts and leases - providing staff with
boilerplate when appropriate.
• Prepare complex contracts, ordinances and resolutions.
• Municipal expertise in the Brown Act, CEQA, Conflict of Interest Codes, land use,
ordinances, contracts and employment.
• Quality research, with an understanding of trends- and case law knowledge, and is ahead of
the curve.
• A service orientation that is assertive and proactive.
• No hidden agendas and be objective.
• Efficient and effective oversight of all legal services and be accountable for all legal
functions.
• Time to focus on Rohnert Park priorities and is committed to serving Rohnert Park.
• Control of legal expenses.
• Attendance at all City Council meetings held on the second and fourth Tuesdays of each
month, Planning Commission meetings held on the second and fourth Thursdays of each
month, and as requested, attend Authority, Rent Control, and Finance meetings.
VIII. CITY ATTORNEY PROFILE
• Experienced municipal law professional
• Politically astute — comfortable with role of City Attorney as legal advisor
Ranuast for Prnnnsal - City AHnmev SPrvines
Pane 2
• Results oriented
• Proactive
• Team Player — works well with the City Manager and Department Heads
• Articulate and concise
• Pragmatic
• Genuine and trustworthy
• Caring about the community
• Cost effective
• Humble service
IX. PROPOSAL FORMAT
In order to qualify for consideration, proposals must address the following points:
• A brief description of the firm and a statement of the firm's qualifications for performing the
requested services.
• If the firm chooses to use sub contractors to meet the City's specialized legal needs, 'a
description should be provided of each firm's qualifications and its area of specialty.
• A summary of the firm's prior experience in providing city attorney services to other
California cities.
• References including names, addresses, and telephone numbers, a brief description of the
services provided, -name of attorney who .provided the services and dates the services were
provided.
• Presentation of the qualifications of the individual who will serve as City Attorney and any
other attorneys who will provide services to the City.
• A discussion of the firm's philosophy regarding the role of the City Attorney and the nature
of the client relationship with the City Council, City Manager, and staff.
• Description of how the firm intends to meet the City's service expectations.
• A section describing how the firm will monitor and seek to contain legal costs.
• Description of fees charges and related financial elements of the firm's proposal in
compliance with the cost component below.
X. COST COMPONENT
The City desires a fee relationship built around a flat monthly retainer for most all -continuing
services that the law firm will provide. Firms may summit price proposals based on the firm's
professional experience and billing practices. When preparing the cost portion of the proposal,
firms are expected to adhere to the following guidelines:
City Budget: The City will expect the City Attorney to comply with an annual legal service
budget. Explain what steps your firm will take to contain the City's legal costs.
Billing: Describe your firm's invoicing approach and philosophy. Provide a clear definition and
list of the services that will be included in the retainer, and those services which will be billed at
a separate hourly rate. Indicate how you will inform the City about unusual legal expenses in
advance. Are the professional fees _you propose discounted from your standard fees? If so, how
much is the discount? Indicate how often the City will be invoiced and what payment terms you
propose. ,
Rernoest for %no.cal - City Aftnmev SPlvirns
Pane 3
Rates: Include rates that are applicable for each person that might serve the City (outside the
normal retainer).
Other Costs: Include a description and purpose of any charges in addition to hourly fees for
which the City would be liable.
Travel Time: Describe the extent to which the City will be charged for any to/from travels time.
City Meetings: Describe how you propose to charge for regular and special Council, Board,
Commission or city hall meetings, office hours (if you are offering them) and which meetings are
included in the retainer. Indicate your plan for fulfilling the obligation at these meetings when
vacations, sickness or other causes result in your absence.
XI. PROPOSAL SUBMITTAL
Proposals shall be sent to:
Pamala Robbins, Personnel Manager
City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
(707) 588-2217
Two copies of the proposal shall be received no later than March 26, 1999.
XII. SELECTION PROCESS AND TIME LINE
The process the City will use in selecting the successful firm will include the following steps:
A. The City Manager and Department Heads will screen proposals and select those
individual(s) and/or firm(s) that most meet the City's requirements and qualifications.
B. Those proposals selected for further consideration will be asked to participate in an
interview with the City Manager and Department Heads. Based upon those interviews
and reference checks the City Manager and Department Heads will recommend the most
highly qualified individual(s) and/or firm(s) to the City Council.
C. The City Council will interview the finalists and make a final selection.
D. The City Manager will negotiate a contract with the successful firm. The contract will be
approved by the City Council.
Tentative Schedule for the selection of City Attorney Services
February 11, 1999 Announce and Mail Request for Proposals
March 19, 1999 Closing Date for Request for Proposals
March 22, 1999 Review of Proposals and invitations for interviews
March 29, 1999 City Manager & Department Head Interviews & Reference Checks
April 5, 1999 City Council Interviews and Selection
April 27, 1999 City Council to adopt contract for services and City Attorney
services to commence
XIII. INQUIRIES
Direct all inquiries regarding the Request for Proposal to Pamala Robbins, Personnel Manager at
(707) 588-2217.
PPOI-st inr Pmnnsal— city Attnmpv Serviraas
Pana 4
DEC.21'2004 13:38 6268125155 Azusa Cty Clrk
FAX TRANSMISSION
CITY OF AZUSA
CITY CLERK'S 0MCE
213 E. Foothill blvd.
Azusa, CA 91702
(626)812-5233
Fax; 1626)812-5155
#4180 P.001l008
To: &RO L— Ante:
Fax #: -IC7 q Pages:
(including Cover page)
Subject: Ems_
COMNINTS :
L --
t �L L
I Q�c-IL A -G&/5 71t�d- Z
i[Cti1
Tran, hutted BY'
Originals Will Follow via: / Nginals will NOT Follow.
DEC.21'2004 13:39 6268125155 Azusa Cty Clrk 44180 =.0021008
THE CITY
Finance Department • 213 F- Foothill Blvd. , P.O.
(818) 334.512,5
TO -
FROM:
VIA:
DATE:
JOINT CTT'Y/RED
HONORABLE MAYOR AND
GEOFF CRAIG, DIRECTOR OF
HENRY GARCI.A, CITY
FEBRUARY 1,1995
NOW
to
0 4:2/
1395 • Azusa, CA 91702.1395
AGENCY AGENDA ITEM[
ERS OCIS CUUTCIL
ANC,
r0A
IATOR
SUBJECT: CITY ATTORNEY AND REDEVELOPMENT AGENCY
LEGAL SERVICES REQUEST FOE PROPOSALS
Bain
Pursuant to Council's request at the January 17 meeting, Finauee has updated the Request for
PmposaLc for Permanent City Attorney and Redevelop nt Agency Legal Services. The latest
draft is attached for Council's perusal and approval. Fo wizlg is the proposed calendar of events
that would comprise the selection process:
2/8195 Mail proposals to the attached list of
have indicated interest
3/2/95 Proposals due in the office of City
p.m.
3/9/95 Initial screening of proposals by coi
City Administrator, Redevelopment
Week of 3/20195
Seree=9 interview to be
Administrators
as
and firms that
no later than 5 o'clock
comprised of Mayor,
W l~iname Director
by. panel of City
DEc.Zl"LUU4 13:3N 6268125155 Azusa Gty clr)
How cable Mayor and Members of the City Cecil
February 1, 1995
Page 2
4111/95 City Council workshop/personal
final selection announcement
4/18/95 Regular City Council meeting to officia
approve contract
611/95 Permanent City Attorney takes office.
Recommendation
If Council leas any further comments or changes, they c
Otherwise, staff recommemis approval of the Request fc
Attacbments:
GJC:pap
#4180 P.00a/008
of top candidates;
appoint Attorney and
m be easily made to the attached draft.
it Pmpouds and the selection calendar.
Utl1.41'ZVV4 13:4V ozouizbl5b Azusa Cty Clrk
CITY OF
REQUEST FOR
CITY .A TTOMY
#4180 P.004l008
The City Council of the City ofAzwa hereby invites interested attorneys or legal firms to submit
written proposals to provide complete legal services for a City of Azusa wW Redevelopment
Agency. The Council will decide whether these services nn best be provided by appointing and
designatittg an l adividual associated with a law firm as City Attorney or by appointing a contract
City Attorney.
All proposals should include appropriate references and
appropriate. Proposals shall be submitted in sealed envi
Proposal" and addressed to:
City Clerk
City of Azusa
P.O. Box 1395
Azusa, CA 91702-1395
Proposals may be filed in person or by mail and will be
until 5:00 p.m., March 2, 1995.
The City Council reserves the right to reiect all propose
conceming any proposal for purposes of clarTication at
to aqy proposal following the deadline for receipt of all
if such would serve the best interests ofthe City as deb
inquiries regarding this Request for Proposals and curre
legal activities and pasticurrent litigation should be dire
above address. Any and all communications with indiv
Prior to award of contract.
proposed contractual Agreement, if
open with the caption "City Attorney
at the office of the City Clerk
to request additional itformation
to accept or negotiate any modification
-oposals, and to waive any irregularities
nined by the City Council. All
legal services of the City including
.d only to the City Administrator at the
ual Council Members shall be disclosed
Please note: All proposals must provide specific andsucemot answers to all questions and
requests for information. Indirect, imprecise or incompl a responses can serve only to the
disadvantage of the applicant (submission of a resume is phonal).
1. Please provide a chronology of your most recent a rnployment history beginning in 1985
(earlier if you prefer) and include: I ,
A. name of Arm/cltylagency;
D5G.L1"LUU4 13:40 0208125155 Azusa Gty Glrk #4180 P.005l008
Request for Proposals : City Attorney
Page 2
J3. length of employment;
C. specialization
2. Please describe your qualifications for providing City and Redevelopment Agency legal
services; this should include the names of attorneys in your firm, specific litigation
experience by individual and in the following tineas:
l . legal training and years of practice (including date of admittance to the California
Bar); give specifics on partners and associates;
2. years of municipal or other local public sector law practice as a full time local
gover=ent attorney or in a private lave office specializing in local government;
3. knowledge of and experience with California Mtmicipal Law and California
Redevelopment Law
4. Range of expezience with. Redevelopment Agency laws, project ttegatiation, and
implementation agrecments and contracts (i.e.. lease, purchases, Owner
Participation and Disposition and Development Agreements) and litigation;
5. Experience in development and variety of redevelopment projects and the
promotioza of low and moderate income housing;
ti. experience with laws and litigation involving municipally -operated utilities,
notably electric utilities and water issues/rights and electrical distribution and
purchase experience;
7. experience with laws and litigating of Workees Compensation and Liability
Claims;
S. experience with laws and litigation involving cable franchise and police matters;
9. experience in labor negotiations;
10. bond counsel expedezace;
11. litigation experience and demonstration of succossful court track record; Le
include condenmation experience;
12. other types of clientele represented (include years and types);
1Jnl,.L1'ZVV4 1-3:41 O2bd125155 Azusa Gty Glrk #4180 P.006/008
Request for Proposals : City Attorney
Page 3
13. affiliation with any boards, organizations, committees, etc. that would be a
conflict with the attorney representing the City regarding v tcx rights or rack
quarry issues;
14. ging audited by an outside agency im behalf of a client and if so by whom;
williztgness to agree to an audit prior to awarding the contract or at some
designated R"to date;
15. scbolastic honors and professional of Uations;
16. professional and personal references;
17. 'intended office location and accesibility to the City;
Please describe how you would intend to provide the Full range of legal services for the
City of Azusa, on a flat -rate monthly retainer (and said aniount ofxetaiaer).�lea�e note
that the annual amount should not urceed $650,000, for all,fees. Please calculate and
list your rates as they would apply to Azusa.. It is expected that the services provided
under a retainer would include all of the above plus:
A. routine .legal advice, consultation and opinions to the City Council and staff;
H. assistance in the preparation and review of ordinances, agreemextts, contracts and
related doemments;
C. attendance at all City Council meetings (regularly held on the first and third
Monday of the month) and other meetings as deemed necessary;
D. maintain regularly scheduled office hours io City Hall per week as arranged;
E. monitor pending and current State/Federal legislation and case law as appropriate.
4. Please define what would be considered to be exi mordiawy services to be provided
above and beyond the normal services and the basis for compensation thereof (Itis
expected than such services would include extraordinary research and/or preparation
which would be in excess of that covered by the retai=.)
5. Plam descxibe ]tow you would structure the woildug relationship between the City
Attorney and the City Council, City Administrator and other members of staff.
L)tU.Ll'LVU4 1:5:41 tLZOKZblbb Azusa Gty Glrk #4180 P.007%008
Request for Proposals : City Atbdrney
Page 4
6. Please define the standard time frames for responses by the City Attorney to direction
and/or inquiry from the City Council or City ,A,ftnistrator.
7. Please ideuttfy who you would designate as a competent substitute or backup legal
service for the City in the event that you are unavailable.
8. Please describe your preference f'or method of payment and your procedure for billing of
extra hours and expenses and any other accounting requirements.
9. Please indicate how you would provide for professional liability insurance, indemnity,
renewal, amendment, extension and/or termination of contract,
=r� , �� Wt.
I . All proposals are due in the office of the City Clerk by 5:00 p.m., March 2, 1995,
2. All proposals will be submitted to a screening committee comprised of the Mayor, the
City Administrator and the Director of Finance.
3. Qualifications and references of the top candidates based upon proposals responses will
be verified.
4. A screening interview will be conducted the week of March 20 by a panel of City
Administrators to evaluate the top candidates and make its recommendations to the City
Council..
5. On April 11 the entire City Council will conduct personal interviews of the top
candidates, marrow the list aid make the final selection
6. The Council expects to announce i#s selection' on April 11.
7. The City Administrator or his designee will ,negotiate the temps and condition of
employment or a contract.
8. The City Council will officially appoint the attomey and approve the contract on April
1S.
9. The permanent City Attorney will take office June 1.
Date:
DSG.21'2004 13:42 6268125155 Azusa Gty Glrk #4180 P.008l008
SUGGESTED DIST OF ATTORNEY FIRMS TO RECEIVE
REQUEST FOR PROPOSALS
Adams, Duque & Hazeltine
Allard, Shelton & O'Connor
Alvarez-Glasman & Colvin
Barbosa, Garcia & Barnes
Best, Best & Kreiger
David P. BrearIey
Brown, Winfeld & Canzoneri
Burke, Williams & Sosen
King, Weiser, Edelman and Baza
Markman, Arczynski, Hanson & King
Oliver, Stoever, 5= & Vose
Law Offices of Robert A. Owen
Richards, Watson & Gershon
Rourke & Woodfull
Rutan & Tucker
Siegel & Nichols
Singer & Silvergleid
Stradlong, Yocca, Carlson & Rauth
Sylvester, Oppenh6m, Freedman
Wallin, Kress, Reisman, Price & Dilkes
January 26, 1995
AGREEMENT FOR CITY ATTORNEY SERVICES
THIS AGREEMENT FOR CITY ATTORNEY SERVICES (hereinafter
"Agreement"), made and entered into by and between the CITY OF
a general law city (hereinafter "City") and the law firm
Of , LLP, a limited liability partnership (hereinafter
"LAWFIRM") and shall be dated as of , 2000. In consideration
of the mutual covenants and agreements set forth herein the parties agree as
follow:
SECTION 1. RECITALS. This Agreement is made and entered into with respect to the
following facts:
A. City has the desire to engage the services of LAWFIRM for a period of
ninety (90) days as its City Attorney and LAWFIRM wishes to be engaged as
the City Attorney for City; and
B. It is the desire of the parties hereto to formalize, by means of this
Agreement, their relationship pertaining to the performance of such legal
services; and
C. LAWFIRM has agreed to provide .such legal services, in the time,
manner and for the compensation, as hereinafter set forth;. and
D. That City Council of City has heretofore determined that the public
interest, convenience and necessity require the execution of this Agreement.
SECTION 2. LEGAL SERVICES. LAWFIRM shall perform the legal services
necessary to serve the, City which shall include, but are not limited, to the following:
A. The designated City Attorney shall attend all meetings of the City
Council unless excused by the City Manager and the designated Deputy City
Attorney shall attend all Planning Commission Meetings unless excused by
the City Manager; and
B. Provide legal counsel at such other meetings of boards, commissions
and committees of the City as directed by the City Council or City Manager;
and
C. Provide legal advice and opinions on all matters affecting the City
when requested by the City Council, the City Manager, or a Department Head,
and represent the City in administrative proceedings and litigation involving
the City which may arise from those matters upon which such advice has
been given; and
D. Prepare and approve as to legal form all resolutions, ordinances,
contracts, agreements and other legal documents and represent the City in
administrative proceedings and litigation involving the City which may arise
from those matters upon which such advice has been given; and
E. Undertake civil and criminal prosecution of violations of City
ordinances when requested to do so by the City Council or City Manager; and
F. Represent the City in administrative proceedings and civil or criminal
litigation to which the City is a party; and
G. Provide legal advice and opinions on all financial matters affecting the
City when requested by the City Council, the City Manager, or a Department
Head, and represent the City as bond counsel in the issuance of such bonds
or other financial transactions involving the City as requested by the City
Council.
H. Represent the City as General Counsel to the Laguna Woods
Redevelopment Agency if and when such an agency is formed.
LAWFIRM shall not be required to perform the services described above where to
do so would be a conflict of interest pursuant to the State Bar Act. When requested
by the City Manager, LAWFIRM shall provide City with an estimate of the costs of
litigation or other services to be provided.
SECTION 3. DESIGNATION OF CITY ATTORNEY. of
LAWFIRM shall be appointed City Attorney of City, and shall
be appointed as Deputy City Attorney of City. Such appointees shall serve at the
pleasure of the City Council of City and may be changed by Council action without
amending this Agreement. Such appointees shall have the authority vested in City
Attorneys by the applicable laws of the State of California. The designated City
Attorney shall be responsible for performing or causing to be performed the work
described in Section 2 of this Agreement.
SECTION 4. COMPENSATION.
A. LAWFIRM shall be compensated by City for the performance of such
services at the rate of $ per hour for services performed by the City
Attorney and $ per hour for services performed by the Deputy City
Attorney.
B. Additional Services. Except as otherwise provided herein, additional
services provided by attorneys other than the City Attorney and Deputy City
Attorney including, but .not limited to, specialized services in personnel and
labor relations, public finance, environmental matters, litigation (including
matters before administrative bodies and state and federal courts). LAWFIRM
shall be compensated for such services at the current hourly rate of the
attorney performing such service
C. Reimbursable Expenses. LAWFIRM shall be entitled to
reimbursement for all reasonable and necessary expenses incurred by it in
the performance of legal services hereto, provided that the same are first
approved by the City Manager. Reimbursable expenses to which LAWFIRM
shall be entitled shall include, but not be limited to, duplication costs; word
processing costs; mileage in amounts as authorized for other City officers or
employees; telephone, and, telecommunications costs; extraordinary mail
costs; messenger service; and other costs customarily made as a part of the
performance of legal services by LAWFIRM.
D. Advancement of Costs. LAWFIRM will advance costs incurred on
behalf of the City in the matter in an amount not exceeding $ per
month. If costs will exceed $ per month, costs in excess of this total
shall be paid directly by the City or shall be advanced to LAWFIRM pursuant
to a separate letter agreement which the City Manager is authorized to
execute on behalf of the City.
E. Payment for Services. LAWFIRM shall submit monthly statements to
the City accounting for all services provided and costs incurred pursuant to
the terms of this Agreement. Said statements shall clearly set forth by date
the type of work performed, the time spent on a task and the attorney
performing the task. Payment to LAWFIRM shall be made by City within thirty
(30) days of receipt of the statement, except for those specific items on the
billing which are contested or questioned and returned by City, with written
explanation, within thirty (30) days of receipt of the statement. LAWFIRM
shall provide to City a written response to any statement contested or
questioned and further, upon request of City, provide City with any and all
documents related to the service or costs. No charge shall be made for time
expended in providing this information to the City.
F. Payment for Services Rendered Prior to Appointment as Citv
Attorney, The City acknowledges and agrees that as authorized by the City
Council -elect after the election approving incorporation of the City of Laguna
Woods, LAWFIRM has performed necessary legal work to prepare for and
enable the City of Laguna Woods to meet its statutory obligations with regard
to its formation as a City. Accordingly, the City authorizes payment to
LAWFIRM for such services at the same rates established by this Agreemdnt
for those legal services.
SECTION 5. TERM. ' The term of this Agreement shall commence on
, 2000, and shall continue thereafter for a period of ninety .(90)
days unless terminated by either party hereto pursuant to the terms of this Agreement.
City may terminate this Agreement at any time, however City will endeavor to give
LAWFIRM thirty (30) days notice prior to termination. LAWFIRM may terminate on the
giving of thirty.(30) days written notice to the City of such termination. LAWFIRM will
comply with all obligations required of it pursuant to the State Bar Act in connection with
such termination and the transition to replacement counsel. LAWFIRM shall be
compensated for its services rendered through and including the effective date of such
termination as provided for under Section 4 of this Agreement.
SECTION 6. NOTICES. Notices required pursuant to this Agreement shall be given by
personal service upon the party to be notified, or by delivery of same to the custody of
the United States Postal Service, or its lawful successor, postage prepared and
addressed as follows:
CITY: City of
Administrative Offices
, California (zip)
Attention: City Manager
LAWFIRM:
Service of a notice by personal service shall be deemed to have been given as of the
date of such personal service. Notices given by deposit with the United States Postal
Service shall be deemed to have been given two (2) consecutive business days
following the deposit of the same in the custody of said Postal Service. Either party
may, from time to time, by written notice to the other, designate a different. address
which shall be substituted for the one above specked.
SECTION 8. INSURANCE: LAWFIRM agrees to take out and maintain in full force
and effect under the terms of this Agreement the following insurance coverage:
A. Such insurance coverage as is required pursuant to the Workers'
Compensation Laws of the State of California; and
B. A liability policy with coverage of not less than $1,000,000.
C. Professional Liability (errors and omissions) insurance in an amount
of not less than $5,000,000.00
SECTION 9. GENERAL PROVISIONS.
A. LAWFIRM shall not assign this Agreement, or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that
LAWFIRM is uniquely qualified to perform the services provided for in this
Agreement.
B. LAWFIRM is and shall at all times remain as to the City a wholly
independent contractor. Neither the City nor any of its officers, employees,
servants or agents shall have control over the conduct of LAWFIRM or any of
LAWFIRM's officers, employees or agents. LAWFIRM shall not at any time or
in any manner represent that it or any of its officers, employees or agents are
in any manner employees of the City. City acknowledges and agrees that the
City Attorney, Deputy City Attorney and attorneys representing the City will
need to represent to others their capacity and relationship to the City.
C. In the performance of this Agreement, LAWFIRM shall not engage in
discrimination in employment of persons because of the age, race, color, sex,
national origin or ancestry or religion of such persons.
D. Nothing contained in this Agreement shall be deemed, construed or
represented by the City or LAWFIRM to any third person to create the
relationship of principal or agent, or of a partnership, or of a joint venture, or
of any other association of any kind or nature between the City and LAWFIRM
other than attorney and client.
E. This Agreement constitutes the entire agreement of the parties
concerning the subject matter hereof and all prior agreements or
understandings, oral or written, are hereby merged herein. This Agreement
shall not be amended in any way except by a writing expressly purporting to
be such an amendment, signed and acknowledged by both of the parties
hereto.
F. Should interpretation of this Agreement, or any portion thereof, be
necessary, it is deemed that this Agreement was prepared by the parties
jointly and equally, and shall not be interpreted against either party on the
ground that the party prepared the Agreement or caused it to be prepared.
G. No waiver of any provision of this Agreement shall be deemed, or
shall constitute, a waiver of any other provision, whether or not similar, nor
shall any such waiver constitute a continuing or subsequent waiver of the
same provision. No waiver shall be binding, unless executed in writing by the
party making the waiver.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their representatives as follows:
CITY OF
a general law city
By
MAYOR
ATTEST:
CITY CLERK
i
N
RESOLUTION NO. 99- 133
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AGREEMENTS FOR
CITY ATTORNEY AND SPECIAL COUNSEL SERVICES
BE IT RESOLVED by the Council of the City of Rohnert Park that those certain
agreements by and between Betsy Strauss, Attorney at Law, for city attorney services, and jointly
with McDonough, Holland & Allen, Attorneys at Law, a professional corporation, for special
counsel services as necessary and appropriate, and the City of Rohnert Park, a municipal
corporation, be and the same are hereby accepted and approved.
BE IT FURTHER RESOLVED that the City Manager is hereby. authorized and directed
to execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this gth day of June , 1999.
CITY OF ROHNERT PARK
w. -1. Arm-" - V/J W-' J
FLORES AYE MACKENZIE AYE SPIRO AYE VIDAK-MARTINEZ AYE. REILLY AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
�jh-c:lshellslreso1 city attny agcmnt
Orifi nal taboiv&-rt*o;-, (,2)fully executed agreement @: City Attorney Betsy Strauss
cc: Finance Director, Mike Harrow Accounts Payable, Denice Wilson
Personnel Manager,Pamala Robbins Payroll Specialist, Barbara Galaudet
FILE — Strauss, Betsy — City Attorney
Agreement for City Attorney Services
THIS AGREEMENT, dated June 8 , 1999, is made and entered into by and
between the City of Rohnert Park, a municipal corporation (hereinafter "City"), and
Betsy Strauss, Attorney at Law (hereinafter "Strauss").
Recitals
The Law Offices of Betsy Strauss together with the Law Offices of McDonough
Holland & Allen submitted a joint proposal to provide city attorney and special
counsel services, respectively, to the City of Rohnert Park in response to the City's
request for proposals. The City of Rohnert Park has relied upon the representations
and explanations included in the written proposal for City Attorney Services dated
March' 25, 1999 that is on file at City Hall.
2. The City of Rohnert Park would like to retain the law offices of Betsy, Strauss as its
City Attorney, and the law offices of McDonough, Holland & Allen as back-up to the
City Attorney and for special counsel services as necessary and appropriate.
3. The City of Rohnert Park will enter into two separate contracts for these legal
services.
4. It is the desire of the Parties to enter into this Agreement with Betsy Strauss for city
attorney services and to establish the terms and conditions for rendition of city
attorney services to the City.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. Appointment of City Attorney. The City of Rohnert Park hereby appoints and retains
Betsy Strauss as its City Attorney. Betsy Strauss agrees to faithfully represent the
legal interests of the City during the term of this Agreement.
2. Duties of City Attorney_ Strauss' duties shall be that of a city attorney, as described
generally in California Government Code §§ 41801- 41805, and shall perform any
and all legal duties and functions entrusted to her by City, including without
limitation, attendance at meetings of the City Council and other City bodies; rendition
of legal advice on City matters to City staff, preparation of ordinances, resolutions,
contracts, and other legal documents pertaining to City affairs; preparation of
opinions regarding City matters as requested by appropriate City officials; and
representation of the City in all matters of litigation involving City unless the City
Attorney recommends to the City Council that the City retain special litigation
counsel.
Agreement for City Attorney Services
3. Compensation for City Attorney Services. In consideration of the legal services
rendered as City Attorney, City shall compensate Strauss the monthly amount of
$5,380. This retainer amount assumes an average of 50 hours of legal services each
month. The compensation provided by this paragraph 3 includes all city attorney
services whether provided by'Strauss or by the Law Offices of McDonough, Holland
& Allen as back-up. No travel time or administrative overhead charge will be billed
to City. For city attorney services rendered in connection with development
proposals attributable to a specific project, for which City is reimbursed under a cost
recovery program, City shall be billed by Strauss at the hourly rate of $110.00 per
hour. For litigation matters, City shall be billed by Strauss at the hourly rate of
$125.00 per hour.
4. Part-time Employee Status. In her capacity as City Attorney, Strauss shall be an at -
will, part-time employee of the City of Rohnert Park. Her status as a part-time
employee shall not in any way affect the provisions of paragraph 9 of this Agreement.
City shall deduct from the compensation payable to Strauss pursuant to paragraph 3
of this Agreement, amounts attributable to medicare (1.4% of salary as of June 1,
1999). and workers' compensation (3.1% of salary as of June 1, 1999). Upon written
request of Strauss, City shall deduct from the compensation payable to Strauss
pursuant to paragraph 3 of this Agreement, amounts attributable to the employee or
any future employer share of participation in the Public Employees Retirement
System.
5. Automobile Liability Risk Transfer. Because it is anticipated that Strauss will use her
privately -owned automobile in the course and scope of her employment with the City
of Rohnert Park, Strauss shall maintain throughout the term of this Agreement,
automobile liability insurance covering bodily injury and property damage for all
activities of Strauss arising out of or in connection with the work to be performed
under this Agreement in the amount of $500,000 combined single limit for each
occurrence. Concurrent with the execution of this Agreement, Strauss shall provide
to City an endorsement to this policy that names the City, its elected or appointed
officers, officials, employees, and agents as additional insured with respect to
liability arising out of work performed by Strauss in connection with this Agreement.
6. Review of Agreement. Not later than January 31, 2000, and each year, during the
month of January, thereafter, the City and Strauss shall review the terms and
provisions of this Agreement to determine whether modifications"are necessary.
During the first review of this Agreement on or before January 31, 2000, it will be
appropriate to review whether the assumption of 50 hours, upon which the retainer
amount set forth in paragraph 3 is based, should be decreased or increased.
Agreement for City Attorney Services 2
F
f
7. Term and Termination. This Agreement shall commence on June 15, 1999. This
Agreement may be terminated by City or Strauss at any time upon sixty (60) days
written notice. In the event of termination, City shall be responsible only for a pro
rata portion of the retainer as well as for fees for additional services and costs
incurred as of the effective date of the termination. This Agreement shall continue
until terminated or until modified by written agreement of the parties.
CITY OF ROHNERT PARK
BY:
Jos h D Netter, City Manager
Agreement for City Attorney Services
BETSY STRAUSS
ATTORNEY AT LAW:
BY:.c-�_
BetsUIuss
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, dated June 8 , 1999, is made and entered into by and
between the City of Rohnert Park, a municipal corporation (hereinafter "City"), and
McDonough, Holland & Allen, A Professional Corporation, ` Attorneys at Law
(hereinafter "McDonough").
RECITALS
WHEREAS, the Law Offices of Betsy Strauss together with the Law Offices of
McDonough, Holland & Allen submitted a proposal to provide city attorney and -
special counsel services, -respectively, to the City of Rohnert Park in response to the
City's -request for proposals. The City of Rohnert Park has relied upon the
representations and explanations included in that written proposal which is on file
at. City Hall.
WHEREAS, the City of Rohnert Park would like to retain the law offices of
_
Betsy Strauss as_ -its _ City Attorney, and the law offices of McDonough, Holland &
Allen as back-up to the City Attorney and for special counsel services as necessary
and appropriate.
WHEREAS, the City of Rohnert Park will enter into two separate contracts for
these services.
WHEREAS, it is the desire of the parties to enter into this Agreement with
McDonough, Holland & Allen for special counsel services and to establish the terms
and conditions for rendition of these services to the City.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1. Legal Services.
McDonough agrees to provide legal services to the City on the terms and
conditions stated herein. Said services' shall include special counsel services,
litigation matters and redevelopment. McDonough also agrees to provide
traditional city attorney services' when Betsy Strauss is unavailable due to vacation
or illness.
Legal services will not include matters in which McDonough has a conflict of
interest that precludes McDonough from representing the City, members of the City
Council, or City officers or employees. If McDonough has a conflict of interest or
lacks expertise to handle - a particular assignment, McDonough shall, following
consultation with the .City Attorney; provide the City Council with a
recommendation to hire outside counsel.
1
Michelle Marchetta Kenyon shall be the primary attorney providing legal
services and shall be the coordinator of services provided to the City with other
attorneys of the firm as necessary.
Section 2. Hourly Fees.
McDonough will provide special counsel services at the rate of $150.00 per
hour. For services rendered in connection. with redevelopment, the City shall be
billed at the standard hourly rate established by McDonough and as changed from
time to time by McDonough's Board of Directors. The standard hourly billing rates
for McDonough attorneys ranges from $115 to $250.
Section 3. Monthly Billings,• Expense Reimbursements.
McDonough shall bill the City on a monthly basis. Each bill shall indicate the
date of the work done, the work that was accomplished, the attorney or paralegal
who performed the work, and the fee for the work. To each bill, McDonough shall
add _ an administrative charge of 4% of legal fees in lieu of separately itemizing
general overhead costs which are generally chargeable to a client, including long
distance telephone service, facsimile charges, regular postage, and routine copying of
documents. McDonough shall regularly monitor its actual administrative expenses
to ensure that the administrative charge is a fair and reasonable approximation of
actual expenses.
The following out-of-pocket expenses will be separately itemized and
included'in bills to_the City: (1) extraordinary operating expenses, including items
such as messenger services, overnight mail charges, extraordinary copying, and
computer-assisted research; (2) necessary travel and subsistence expenses; (3) court
costs, including filing fees, witness fees, and deposition and discovery costs. not paid
directly by the City.
The City shall review and approve McDonough's monthly statements and
pay McDonough for services rendered and expenses incurred at the rates and in the
amounts provided in this Agreement on a monthly basis in accordance with the
approved monthly statements.
Section 4. Amendment: Termination.
This Agreement may be amended from time to time by written agreement of
the parties. This Agreement may be terminated* by City at any time upon written
notice to McDonough and by McDonough upon sixty (60) days written notice to City.
In the event of termination, City shall be responsible only for fees and costs incurred
as of the effective date of the termination.
Pj
I
Section 5. Retention of Other Counsel, Specialists or Experts.
McDonough will not retain or otherwise incur an obligation to pay other
legal counsel, specialists or experts for services in connection with this Agreement
without prior approval of the City.
Section 6. Professional Liability Coverage.
During the term of this Agreement, McDonough shall at all times maintain
insurance coverage for professional liability. Currently this coverage is provided by
Lloyds of London and various European companies. A copy of the policy shall be
provided to the City upon request.
CITY OF ROHNERT PARK
a municipal corporation
By:
*Jeph . etter, City Manager
McDONOUGH, HOLLAND & ALLEN
A Professional Coyporation
Un
3
11
Michelle Marchetta Kenyon
r
RESOLUTION NO. 2005-23
A Resolution of the City Council of the City of Rohnert Park
Joins the Cotati Rohnert Park Unified School District in Support of
MEASURE "A"
WHEREAS, the Cotati-Rohnert Park Unified School District has had to make $8.2 million in budget
cuts over the past 4 years due to reductions in State funding. This year alone, $2.8 million has been cut
from the District's budget and will have an impact on the quality of educational programs, materials, and
instruction in our schools and classrooms; and
WHEREAS, the California State Legislature has failed to provide adequate funding for the continued
operation of the schools of the District and, as a result of this lack of funding and financial support for its
schools, the District is ,in danger of eliminating many programs beneficial .and necessary to the students
who attend the schools; and
WHEREAS, continued reliance solely on State funding will result in further loss of critical programs
and the continued erosion of local control of the District; and
WHEREAS, to ensure a quality education for all students, it is important for schools to have adequate
funding to support the outstanding educational programs that make a difference in a child's education;
and
WHEREAS,' improving the quality of education in our schools is our top priority and include the
following projects: 1) Attracting/retaining quality teachers and staff. 2) Enhancing literacy and reading
instruction. 3) Improving science and math programs. 4) Maintaining library services; and
WHEREAS, a thorough and developed public education program delivers many long-lasting benefits
and advantages to all of the residents of our community; and
WHEREAS, without additional funding, there will be a reduction or elimination of educational
programs and services that will have a severe impact on the students of the District and on our
community and may include an adverse effect on the property values within the District.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park supports
Measure "A" and urges the voters of Rohnert Park to enact it.
DULY AND REGULARLY ADOPTED this 19'h day of January, 2005.
CITY OF ROHNERT PARK
Mayor Jake Mae
ATTEST:
City Clerk
/I Y/";- w,
Jake Mackenzie
Mayor
Vicki Vidak-Martinez
Vice -Mayor
Armando F. Flores
Councilmember
Tim Smith
Councilmember
Amie L. Spradlin
Councilmember
Carl Eric Leivo
City Manager
Steve Donley
Assistant City Manager
Judy Hauff
City Clerk
Michelle Kenyon
Gabrielle Whelan
Interim City Attorneys
DRAFT
Sonoma County Board of Supervisors
575 Administration Drive, Room l OOA
Santa Rosa, CA 95403-2887
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January 19, 2005�ut
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council: X
mi if '
�n Commuaications
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to:
Co to.,
Subject: Canon Manor Assessment District Sewer Connections
Dear Supervisors:
As a partner in the Canon Manor Assessment District, the City of Rohnert Park is
looking forward to the certification of the project environmental impact report and
subsequent construction of improvements in the Canon Manor area. Rohnert Park's
interest in the project matches the stated purpose of the project in the draft EIR, namely
"...to resolve a public health hazard..." (p. 1-1). The public health hazard is
debilitating oxygen deficiency in infants due to nitrate contamination of groundwater
(p. 6-5). Testing in 1982 showed contamination in Canon Manor due to septic systems
of 67 mg/l, 50% higher than the State determined danger level of 45 mg/1 (p. 6-6).
Sonoma County acknowledges that "existing residential septic systems in CMW
(Canon Manor West) have caused nitrate contamination of groundwater and water
wells..." (p. 6-6). The dEIR states "the nitrate distribution clearly shows Canon Manor
as the primary source of elevated nitrate in the study area" (p. 6-8). Figure 6.3 shows
that nitrates from Canon Manor have traveled over 12,000 feet and have contaminated
26 drinking water wells. Several of these wells are threatened with imminent
destruction due to the Canon Manor contamination.
Now, before the Board of Supervisors is a unique opportunity to reduce the health
threat to infants, arrest groundwater contamination, and prevent further nitrate plume
migration. The assessment district project combined with the efforts of the City of
Rohnert Park will provide sewer service to existing and future residences in Canon
Manor West. However, access to sewer service will only address the problem if
existing residences are connected to the sewer. The proposed assessment district
project stops short of requiring mandatory connection to the new sewer system. The
final EIR discusses the options for voluntary, mandatory, and select condition
connections.
As the final EIR states, mandatory connections achieves the greatest public health
benefit. This is the preferred alternative for the Rohnert Park City Council,
representing of over 40,000 users of groundwater for human consumption. Not
requiring mandatory connections places the financial considerations of 118 home
owners ahead of the health and safety of approximately 60,000 Sonoma County
residents in the area who rely on groundwater.
6750 Commerce Boulevard . Rohnert Park CA. 94928. (707) 588-2226. Fax (707) 588-2263
www.ri)city.org
0
%-7
If the board is unable to require mandatory connections, then the Rohnert Park City
Council supports the "mandatory connection under select conditions" option described
in the final EIR, provided that all of the actions listed trigger the sewer connection
requirement. In addition, a fifth trigger action needs to be included, namely,
connection to the Penngrove Water Company potable water system — so no home
owner is allowed to solve their own health risk by connecting to water but continue to
discharge sewage to a failed septic system and further contaminate the water supply of
those around them.
This issue is very important to the Rohnert Park City Council and we implore the
Board of Supervisors to act to protect the health of our mutual constituents. If you
should have any questions, please feel free to contact me.
Cc: City Councilmembers (4)
Planning Conunissioners (5)
Carl Eric Leivo, City Manager
Darrin Jenkins, City Engineer
Sincerely,
B ILS_
Jake Mackenzie
Mayor
Page 2
Sonoma County Dept. of Transportation and Public Works MASTER RESPONSES
infrastructure improvements (see DEIR page 9-6) that the CMW residents would be required to
fund prior to annexation.
To summarize, annexation is part of Rohnert Park's long-term plan, but is not proposed at this
time; It isnot considered feasible in the near future, because funding is not available to construct
the necessary infrastructure improvements, and the property owners have expressed little interest
in pursuing annexation. The Stipulated Judgment has no bearing on the proposed assessment y
district project, although it may have a bearing if Rohnert Park annexes CMW. In that case, the
City would need to provide municipal water to CMW from some source other .than the PWC
well.
MASTER RESPONSE 13
SERVING CANON MANOR WEST WITH AQUEDUCT WATER
A number of commentors questioned why the Project proposes to meet CMW's water supply
demands with groundwater rather than aqueduct water from the Sonoma County Water Agency
(SCWA), either through an increase in the Penngrove Water Company's allotment of aqueduct
water from SCWA or by extending Rohnert Park's delivery system for SCWA aqueduct water to
CMW.
Similar questions were posed during the scoping process for the DEIR. Because the provision of
aqueduct water to CMW was considered both Iegally feasible and technically feasible (i.e., the
development of the necessary infrastructure to deliver aqueduct water to CMW was feasible from
an engineering standpoint), the DEIR analyzed two alternatives to the proposed Project that
would supply CMW with aqueduct water: the Aqueduct Water Alternative and the Aqueduct
Water with Lot Splits Alternative (DEIR, pp. 9-4 — 9-11). Both alternatives would eliminate
CMW's contribution to the cumulative groundwater impact identified in the DEIR, but would
not reduce (and in the case of the second alternative, would exacerbate) the project's significant
unavoidable contribution to cumulative traffic, noise, and air quality impacts.
The DEIR noted concerns about the ultimate feasibility of these alternatives (See DEIR pages 9-6
to 9-8 and 9-10). Whether the two aqueduct water alternatives analyzed in the DEIR-are feasible
is a question that will be decided by the Board of Supervisors at the time it decides whether to
approve the Project.
MASTER RESPONSE 14.
MANDATORY WATER AND SEWER CONNECTIONS
A number of comments noted that the project's objective of removing a public health hazard
Canon Manor West Subdivision
Assessment District FEIR
Responses to Comments 15-66 January 2005
Sonoma County Dept. of Transportation and Public Works MASTER RESPONSES
could not be met unless all CMW homes are connected to the public water and sewer, and that
the project as proposed does not require this. Some comments recommended specific
circumstances when mandatory connections should be required including at the time of issuance
of Certificates of Compliance and resale of property. This Master Response discusses these
issues.
The commentors are correct in stating that the full public health benefit of the project will not be
realized unless all the homes are connected to the public water and sewer. This was recognized
by the DETR (see pages 2-2 and 2-3) as an issue to be resolved by the Board of Supervisors.
Existing septic systems in CMW are contaminating the groundwater with nitrates, and as long as
these septic systems remain in use the potential for contamination of the aquifer will continue.
This groundwater contamination affects not only residents of CMW, but also people outside of
CMW who draw water from this aquifer. Further, connecting existing homes to the public water
system would alleviate the health threat associated with using well water that is contaminated
with nitrates.
The proposed project does not call for mandatory connections. This decision was made to lessen
the financial burden on existing residents of CMW. The basic assessment district costs to
finance the improvements associated with this project are in excess of $40,000 per parcel, which
i
must be paid by the owners whether or not they connect to the public systems. Some owners
have expressed concerns that they would be forced out of their homes by this expense.
Beyond the parcel assessment described above, there will be additional costs to the owners when
they connect their homes to the public system. The assessment district project will construct
sewer and water mains and associated lateral stubs within the fifty -foot wide public road right of
way fronting CMW properties. Pipes connecting the lateral lines to the homes and all associated
plumbing changes within the homes must be installed by the property owners, and all costs of
connecting homes to these systems must be borne by individual property owners. These
additional connection costs include the following:
*IK
Sewer connections:
Payment of the sewer connection fee required by the City of Rohnert Park. This fee was
$5,910 at the time the assessment district was created. Unless this fee has already been
paid, the fee at time of connection will be higher.
Oil
The Cost of removing the existing septic system, including the cost of the County permit
fee for its removal.
The cost to acquire permits and install a sewer line between the home and the lateral stub
constructed by the assessment district.
Canon Manor West Subdivision
Assessment District FEIR
Responses to Comments 15-67 January 2005
Z'
Sonoma County Dept. of Transportation and Public Works MASTER RESPONSES
Ongoing service fees.
Water connections:
There will be a connection fee of $4000 to $5,000 that must be paid to the PWC. This
fee will be waived for those properties that connect within the first 60 days after the
service is available as an incentive for owners to connect to the system.
The Cost of abandoning the property's existing well, if it should be required.
The cost to acquire permits and install a water line between the home and the lateral stub
constructed by the assessment district.
Ongoing service_fees.
Adding the connection costs to the basic parcel assessment may cause financial hardship for
some owners. The cost of making the connections and the ongoing cost of service fees may
cause some property owners to continue to use their existing septic systems and wells rather than
connect to the public system.
The DEIR does not identify the lack of mandatory connections as a project impact. The public
health problem in CMW is an existing condition, and not a result of the project. As discussed
below, the project as proposed would result in substantial public benefits even without
mandatory connections, because many owners will connect their homes to the public systems
voluntarily. Therefore the project can only decrease the existing public health problem, and
would not make it worse.
The question of whether or not to require mandatory connection is a policy decision for the
Board of Supervisors. The Board of Supervisors must weigh the potential public health benefits
that could be gained by requiring mandatory connections against the potential additional financial
burden to CMW residents that mandatory connections will cause. The following options are
available:
Voluntary connections: This is the project as originally proposed. With this option, the
individual owners would decide whether to connect their homes to the new public systems. Of
the 118 existing homes in CMW, 65 owners have already paid their sewer connection fee (John
Kottage, 12/21/04). These owners are very likely to connect to the new systems as soon as they
are constructed. Therefore, a substantial public health benefit is likely to be realized within a
short time after the service becomes available. In addition, it is expected that all new homes
would connect to the public systems at time of construction, because the strict septic system
requirements would remain in place for CMW, and it is unlikely that septic systems can be
Canon Manor West Subdivision
Assessment District FEIR
Responses to Comments 15-68
January 2005
G.
Sonoma County Dept. of Transportation and Public Works MASTER RESPONSES
constructed. that would meet these requirements. This option would likely result in substantial
public health benefits, but would still allow some ongoing contamination of the aquifer, because
some owners would probably choose to not connect their homes to the public systems. On the
other hand, this option could avoid placing a financial hardship on some CMW owners because it
would not require them to pay the connection costs.
Mandatory Connections: With this option, all existing and future homes in CMW would be
required to connect to the new systems. This would achieve the greatest public health benefit in
the.shortest amount of time, because it would result in the abandonment of all the septic systems
in CMW. It has the disadvantage of potentially placing a financial hardship on some CMW
owners because it would require them to pay the connection costs.
Mandatory Connection under Select Conditions: This option would require mandatory
connections whenever any of the following actions involving the property take place: (1) a
property is sold; (2) a Certificate of Compliance is issued for a property; (3) a new home, is
constructed; or (4) construction takes place on a property, the value of which is 30% or more of
the value of the existing improvements: This alternative would likely result in a greater public
health benefit than the voluntary connection option, but less than the mandatory connection
option. Over time it'may result in all of the homes being connected to the public systems, and
may eventually remove all of the septic systems that are contaminating groundwater. However, it
could take many years to achieve the same benefit as the mandatory connection option. With this
option, the cost of connecting to the public systems would be less onerous to the property owners
because it would likely take place when the property is being upgraded or improved in some way.
In summary, the issue of whether or not to require mandatory connections and under what
circumstances is a policy decision to be made by the Board of Supervisors, rather than .an impact
to be addressed by the EIR. The Board of Supervisors will consider the above described options
at the time of making its findings on the EIR, weighing the health benefits of requiring
mandatory connections against the financial burden to residents of making these connections.
Canon Manor West Subdivision
Assessment District FEIR
Responses to Comments 15-69
January 2005
LAD E'D
SEM1ON
CONFIDENI IAL
.
Page IofI
CLOSED SESSION
Hauff,Judy
From.: Jenkins, Darrin (a
Sent: Monday, January 03, 2005 3:29 PM
To: Hauff,Judy
Cc: Leivo, Carl; Toni Bertoiero; John Kunselman; Gabrielle Whelan - Business
Subject: Closed Session on Jan 25
Hi Judy,
We need to schedule a closed session with the city council on January 25, 2005 to discuss right of way
acquisition for the sewer interceptortoutfail project. In particular we need them decide how much authority to give
our right of way negotiator.
Thanks,
Darrin
1/4/2005
CARL LEIVO*** e't
CITY MANAGER tv
NOTICE OF INTENT TO ADOPT A MITIGATED
NEGATIVE DECLARATION
Rohnert Park Sewer Interceptor/Outfall Project
This notice is to inform you that the City of Rohnert Park has prepared a draft Initial
Study/Mitigated Negative Declaration, pursuant to the requirements of CEQA, for the
Rohnert Park Sewer Interceptor/Outfall Project. The project consists of the construction
of 3.5 miles of a buried 30 -inch interceptor pipeline and its outfall at the regional
wastewater treatment plant. The new pipeline will lie primarily in local roadways beginning
from the City of Rohnert Park's Sewer Pump Station on Redwood Drive and terminating at
the Santa Rosa Subregional Water Reclamation Facility on Llano Road. The City has
initiated the Sewer Interceptor/Outfall Project to increase reliability and capacity of its sewer
conveyance system. The existing 24 -inch force main was constructed in 1975, is nearing the
end of its reliable service life, and has limited capacity to convey peak wet weather flows
from the City. In addition, the existing force main represents a weak link in the critical
sewer conveyance system, and this second force main will provide redundancy and increase
reliability for the City's sewer conveyance system. The City is requesting funding for the
project from the State Water Resources Control Board, State Revolving Fund Loan
Program.
The proposed Mitigated Negative Declaration and Initial Study will be available for the
public's review and comment beginning Thursday, December 23, 2004. Written
comments are due by Thursday, January 27, 2005 and may be delivered to the following
address:
City of Rohnert Park
Building Services Department
6750. Commerce Boulevard
Rohnert Park, CA 94928-2486
(707) 588-2230
The Rohnert Park City Council will tentatively consider adopting the Mitigated Negative
Declaration at its regular meeting on Tuesday, February 8, 2005 which will begin at or
around 6:00 pm at the City Council Chambers, 6750 Commerce Boulevard, Rohnert
Park, California. The proposed Mitigated Negative Declaration and documents
referenced in it will be available for review at the Building Services office located at the
address above.
Draft Initial Study/Proposed Mitigated
Negative Declaration
for the
Rohnert Park Sewer Interceptor/Outfall Project
Prepared for:
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, California 94928
Phone (707) 588-2227
December 23, 2004
Prepared by:
�' ��TIl�TZLER��I�ELLY
C O N S U L T I N G E N G I N E E R S
Wm' ler & Kelly Consulting Engineers
495 Tesconi Circle
Santa Rosa, CA 95401
(707) 523-1010