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8G Consent 2014 0616
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8G Consent 2014 0616
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Last modified
6/30/2014 10:02:16 AM
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6/11/2014 10:49:38 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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PERM
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_CC Agenda 2014 0616 CS+RG
(Reference)
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Reso 2014-057
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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work with the City Manager to establish a schedule that provides an <br />attorney is available at City Hall five days a week for on-site legal <br />consultation; <br />m) Real estate and land use matters, such as property acquisition and <br />disposition, drafting and review of leases, and complex <br />environmental/CEQA matters; <br />n) Matters related to comprehensive updates of the City's general plan or <br />zoning ordinance, annexations,water rights, or Williamson Act issues; <br />o) Municipal finance,tax, fee and assessment issues; <br />p) Motions seeking discovery of police officer personnel records and <br />hearings involving weapons confiscations; <br />q) Cable TV rate regulations and FCC appeals; <br />r) Successor agency services <br />s) Sanitary sewer, stormwater, and matters related to City granted <br />franchises. <br />This Section 2A does not include litigation or cost recovery for any of the <br />subjects listed above in Section 2A.All litigation and cost recovery shall <br />be billed separately pursuant to Sections 2B and 4 (b) and (c) below. <br />2B. The City also hires Meyers Nave to represent it in litigation. <br />Litigation as used in this Agreement shall mean all work(1) after a notice <br />or summons has been served; (2) a decision to initiate litigation, or <br />condemn property is approved by the City Council or Successor Agency; <br />3) preparing for and appearing at administrative hearings or <br />proceedings before other public agencies, hearing officers or regulatory <br />bodies related to: (i) PERB hearings; (ii) fact finding hearings; (iii) <br />mediations and arbitrations; (iv) employee disciplinary hearings; (v) <br />grievance hearings; and (vi) notices of violation. The above definition of <br />litigation does not preclude the City from assigning tort litigation to <br />attorneys from qualified panel firms selected by the City's third party <br />administrator in consultation with the City Attorney and the City's Risk <br />Manager, nor affect the provisions of section 4.h regarding the potential <br />to retain separate legal counsel for any legal assignment(s) that would <br />otherwise be performed by Meyers, Nave. <br />3. Independent Contractor <br />Meyers Nave declares th at it is engaged in an independent business <br />and agrees to perform the services provided for in this Agreement as an <br />independent contractor and not as the agent, servant, or employee of the City. <br />Meyers Nave shall be solely responsible for its own matters relating to <br />payment of employees,including compliance with social security,withholding <br />and all other regulations governing such matters. <br />3
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