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HomeMy WebLinkAbout2002-08-13; City Council; Resolution 2002-2471 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE AGREEMENT LElTER OF UNDERSTANDING BETWEEN THE CITY COUNCIL AND THE CITY MANAGER WHEREAS, the City Council determines it is necessary and appropriate to amend its Letter of Understanding with the City Manager, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitation is true and correct. 2. That the Letter of Understanding between the City Council and City Manager dated November 21,1996 and as previously amended by Amendment No. 1 on August 10,1999, Amendment No. 2 on October 17,2000, Amendment No. 3 on March 13,2001, Amendment No. 4 on May 21,2002 is further amended by Amendment No. 5 attached to this resolution. 3. That the Finance Director is directed to transfer the necessary funds from the General Fund balance to the City Manager's budget to support the costs of this amendment. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 13th day of AUGUST ,2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None /? cYG.fhWh. % MRWNE M. WOOD, City Clerk AMENDMENT NO. 5 TO AGREEMENT LETTER OF UNDERSTANDING This Amendment is entered into and effective as of the JlsT dayof &C h 57- ,2002, amending the Letter of Understanding dated November 21, 1996 by and between the City Council of the City of Carlsbad, (hereinafter "Council") and Raymond R. Patchett, City Manager (hereinafter "City Manager") as follows: RECITALS WHEREAS, the initial agreement, dated November 21, 1996 identified with particularity the employment agreement between Council and City Manager; and WHEREAS, the parties to this aforementioned agreement desire to amend its provisions pertaining to compensation and professional development; and WHEREAS, those sections are amended to read as shown on Exhibit "A to this amendment, NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City Council and the City Manager agree as follows: 1. That the Letter of Understanding dated November 21,1996 approved by City Council Resolution No. 96-395, and as amended by Resolution No. 99-280 dated August 10. 1999, Resolution No. 2000-319 dated October 17, 2000, Resolution No. 2001-84 dated March 13, 2001, and Resolution No. 2002-147 dated May 21,2002 is further amended as shown on Exhibit "A. Ill Ill Ill Ill 1 2. Except for this amendment, all other terms and conditions of said Letter of Understanding remain unchanged and in full force and effect. DATED: 2-2 I - 2 EXHIBIT “A” TO AGREEMENT LETTER OF UNDERSTANDING BETWEEN THE CITY COUNCIL AND THE CITY MANAGER SECTION IV SALARY The base compensation of the City Manager shall be adjusted by the addition of five percent (5%) to the current bi-weekly compensation of $5,827. This adjustment brings the bi-weekly compensation for the City Manager to $6,118 effective July 1, 2002, and by six percent (6%) effective January 1, 2003 for a bi-weekly compensation of $6,486, and by six percent (6%) effective July 1, 2003 for a bi-weekly compensation of $6,875. These compensation figures shall be further adjusted by four percent (4%) effective January 1, 2004 for a bi-weekly compensation of $7,150, by 2.5% effective July 1, 2004 for a bi-weekly compensation of $7,328 and by 6.41% effective January 2005 for a bi-weekly compensation of $7,798. Thereafter, the total compensation of the City Manager shall be determined by formula and established at $100 below the second highest paying city in San Diego County by adjustments effective January 1. 2006 and January 1, 2007 or by such other additional amounts as determined by a resolution of the City Council. In the event that economic considerations indicate that no salary increases for employees are appropriate, the City Manager shall not receive a salary adjustment until such time as employees are receiving salary or benefit adjustment. 1 SECTION VI1 OTHER SUPPLEMENTAL BENEFITS The City Manager shall accrue vacation and sick leave as provided for under existing City policy. All other actions taken by the City Council relating to fringe benefits for management employees shall be considered actions granting the same to the City Manager, except that the City Manager may decline any fringe benefits to the extent permitted or authorized by law. City policy, or this agreement. As used herein, fringe benefits include but are not limited to vacation, sick leave, educational benefits as they existed on the date of the approval of this Letter of Understanding, holidays, retirement (PERS) benefits and payments, health insurance, dental insurance, long-term disability insurance, and life insurance, as set forth in the Performance Management and Compensation Plan and elsewhere. The City shall contribute to the City Manager's Deferred Compensation account the maximum amount permitted by law (currently $1 1,000 per calendar year plus $1.000 if 50 or over) and, if so requested by the City Manager, the amounts permitted under the so-called "catch-up provisions" as authorized under the Internal Revenue Code section 457 provisions. After December 31, 2001, upon the expiration of the "catch-up" provisions authorized under the Internal Revenue Code section 457 provisions, the City Manager may elect to have that amount previously paid by the City paid to the deferred compensation plan under Internal Revenue Code section 401(a) 2 or similar retirement vehicle, participate in the buy-back provisions of credit service under the PERS retirement system or as additional compensation as he may elect. The City Manager is encouraged to participate in continuing professional development and education through such programs as the University of Virginia Leadership Institute, the Institute of Cultural Affairs (ICA), Myers-Briggs Certification and DISC Personal Profile Certification Programs, the Menninger Institute and the Harvard Executive Program. Expenses such as travel, room, food, registration fees and/or tuition associated with such programs shall be eligible for City reimbursement. The City Manager shall receive 240 hours per fiscal year for discretionary leave. The 240 hours will be credited at the beginning of each fiscal year to the City Manager's leave balances. This leave must be used within the same fiscal year. Upon separation from City service, unused hours of discretionary leave will not be paid. The City Manager will be allowed to work as a teacher or consultant with other cities and organizations, not to exceed 30 days per year. The City Manager shall pursue such activities only as time permits and in a manner such that no conflicts of interest are created for the City Manager or the City of Carlsbad. The City of Carlsbad waives any and all claims to all intellectual property rights for which the City Manager is the author or co-author. Examples of such 3 property include, but are not limited to, the Sustainable Communities Model and the Leadership Forum in their various iterations. 4