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HomeMy WebLinkAboutBall, Ronald R; 1996-11-21;Exhibit B AMENDMENT NO 6. TO THE LETTER OF UNDERSTANDING WITH THE CITY ATTORNEY This Amendment is entered into and effective as of the d3*2-*~ day of (QlAjrf&tJ . 2009, amending the Letter of Understanding dated November 21, 1996 by and between the City Council of the City of Carlsbad, (hereinafter "Council") and Ronald R. Ball, City Attorney (hereinafter "City Attorney") as follows: RECITALS WHEREAS, the initial agreement, dated November 21, 1996 identified with particularity the employment agreement between Council and City Attorney; and WHEREAS, the parties to this aforementioned agreement desire to amend its provisions pertaining to compensation. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City Council and the City Attorney 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. 99-279 dated August 10, 1999, Resolution No. 2000-319 dated October 17, 2000, Resolution No. 2001-83 dated march 13, 2001, Resolution No. 2002-148 dated May 21, 2002, and Resolution No. 2002-246 dated August 13, 2002 is further amended as shown below: SECTION IV SALARY The annual base salary of the City Attorney shall be $236,300 as of January 1, 2009. This includes the compensation for the General Counsel of the Housing & Redevelopment Commission of $300 per month and the compensation for the General Counsel of the Carlsbad Municipal Water District of $300 per month. The base compensation of the City Attorney shall be established at no less than 95% of the City Manager's base compensation by adjustments effective January 1. each year or by such other additional amounts as determined by a resolution of the City Council. SECTION V OTHER DUTIES The City Attorney shall also serve as the General Counsel of the Carlsbad Municipal Water District and General Counsel to the Housing & Redevelopment Commission. 2. Except for this amendment, all other terms and conditions of said Letter of Understanding remain unchanged and in full force and effect. "City" CITY OF CARLSBAD A Municipal Corporation ATTEST: City (Jlerk) APPROVED AS TO FORM: City Attorney "City Attorney" RON BALL f W-« 'v»S>* Signature AMENDMENT NO. 5 TO AGREEMENT LETTER OF UNDERSTANDING This Amendment is entered into and effective as of the a/>r day of ,2002, amending the Letter of Understanding dated November 21, 1996 by and between the City Council of the City of Carlsbad, (hereinafter “Council”) and Ronald R. Ball, City Attorney (hereinafter ”City Attorney”) as follows: RECITALS WHEREAS, the initial agreement, dated November 21, 1996 identified with particularity the employment agreement between Council and City Attorney; 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 Attorney 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. 99-279 dated August 10, 1999, Resolution No. 2000-319 dated October 17, 2000, Resolution No. 2001-83 dated March 13,2001, and Resolution No. 2002-148 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: 8- 18.. 2002. RO ib+-&aQL D R. BALL, City Attorney 2 EXHIBIT “A” TO AGREEMENT LETTER OF UNDERSTANDING BETWEEN THE CITY COUNCIL AND THE CITY ATTORNEY SECTION IV SALARY The base compensation of the City Attorney shall be adjusted by the addition of 2.842% to the current bi-weekly compensation of $5,652. This adjustment brings the bi-weekly compensation for the City Attorney to $5,813 effective July 1, 2002, and by six percent (6%) effective January 1, 2003 for a bi- weekly compensation of $6,161 and by ~ percent (6%) effective July 1, 2003 for a bi-weekly compensation of $6,531 These compensation figures shall be further adjusted by four percent (4%) effective January 1, 2004 for a bi-weekly compensation of $6,792, by two and one-half percent (2 %%) effective July 1, 2004 for a bi-weekly compensation of $6,962 and by 6.41 % effective January 1, 2005 for a bi-weekly compensation of $7,408. Thereafter, the base compensation of the City Attorney shall be established at no less than 95% of the City Manager‘s base compensation 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. SECTION VI1 OTHER SUPPLEMENTAL BENEFITS The City Attorney 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 1 City Attorney, except that the City Attorney 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 Attorney’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 Attorney, 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(a), provisions, the City Attorney may elect to have that amount previously paid by the City paid to the deferred compensation plan under Internal Revenue Code section 401 (a) 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. Notwithstanding any annual or lifetime cap or otherwise, in-home medical benefits shall not be reduced below those existing on June 1, 1999 2 except where deemed medically necessary and appropriate by Employee's doctor or upon written request by Employee. 3 AMENDMENT NO. 4 TO AGREEMENT LETTER OF UNDERSTANDING This Amendment is entered into and effective as of the 23 D day of 2002, amending the Letter of Understanding dated November 2 1, 1996, by and between the City Council of the City of Carlsbad, (hereinsfter “Councilyy) and Ronald R. Ball, City Attorney (hereinafter “City Attorney”) follows: RECITALS WHEREAS, the initial agreement, dated November 21,1996, identified with particularity the employment agreement between Council and City Attorney; and WHEREAS, the parties to this aforementioned agreement desire to amend its provisions pertaining to health insurance; 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 Attorney 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. 99-279 dated August 10,1999, and Resolution No. 2000-3 I9 dated October 17,2000, and Resolution No. 2001-83 dated March 13,2001, is Mer amended as shown on Exhibit “A”. Except for this amendment, all other terms and conditions of said Letter of Understanding remain unchanged and in 111 force and effect. 2. DATED: g/z/Q By: VWmE AYZIEWIS, Mwor DATED: 5h#k n RONALD R. BALL, City Attorney 6*6* WZ. EXHIBIT ‘‘A” TO AGREEMENT LETTlER OF UNDERSTANDING BETWEEN THE CITY COUNCIL AND TRE CITY ATTORNEY SECTION VII - OTHER SUPPLEMENTAL BENEFITS The City Attorney shall accrue vacation and sick leave as provided for under existing City policy. All other actions taken by the City Council relating to fiinge benefits for management employees shall be considered actions granting the same to the City Attorney, except that the City Attorney 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 Attorney’s Defmed Compensation account the maximum amount permitted by law (currently $8,500) and, if so requested by the City attorney, the amounts permitted under the so-called “catch- up provisions” as authorized under the Internal Revenue Code section 457 provisions. After December 3 1 , 2001, upon expiration of the “catch-up” provisions authorized under the Internal Revenue Code section 457(a) provisions, the City Attorney may elect to have that amount previously paid by the City paid to the deferred compensation plan under Internal Revenue Code section 401(a) 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. Notwithstanding any annual or lifetime cap or otherwise, in-home medical benefits shall not be reduced below those existing on June 1,1999 except where deemed medically necessary and appropriate by Employee’s doctor or upon written request by Employee. AMENDMENT NO. 03 TO AGREEMENT LETTER OF UNDERSTANDING This Amendment is entered into and effective as of the 19th day of March I 2001, amending the Letter of Understanding dated November 21, 1996 by and between the City Council of the City of Carlsbad, (hereinafter “Council”) and Ronald R. Ball, City Attorney (hereinafter “City Attorney”) as follows: RECITALS WHEREAS, the initial agreement, dated November 21, 1996 identified with particularity the employment agreement between Council and City Attorney; 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 Attorney 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. 99-279 dated August IO, 1999 and Resolution No. 2000-319 dated October 17, 2000, is further amended as shown on Exhibit “A”. III Ill Ill Ill Ill 2. Except for this amendment, all other terms and conditions of said Letter of Understanding remain unchanged and in full force and effect. DATED: 3/16/01 DATED: 34% aba7. RONALD R. BALL, dity Attorney EXHIBIT “A” TO AGREEMENT LETTER OF UNDERSTANDING BETWEEN THE CITY COUNCIL AND THE CITY ATTORNEY SECTION IV SALARY The base compensation of the City Attorney shall be adjusted by the addition of seven and one half percent (7.5%) to the current bi-weekly compensation of $4,614. This adjustment brings the bi-weekly compensation for the City Attorney to $4,960 effective January 1, 2000 and by seven and one half percent (7.5%) effective January I, 2001 for a bi-weekly compensation of $5,332. These compensation figures shall be further adjusted by six percent (6%) effective January 1, 2002 and by six percent (6%) effective January 1, 2003 or by such other additional amounts as determined by a resolution of the City Council. SECTION VII OTHER SUPPLEMENTAL BENEFITS The City Attorney 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 Attorney, except that the City Attorney 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 3 Compensation Plan and elsewhere. The City Attorney may elect to participate in any of the medical insurance programs offered by the City. The City shall contribute to the City Attorney’s Deferred Compensation account the maximum amount permitted by law (currently $8,500) and, if so requested by the City Attorney, 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(a), provisions, the City Attorney may elect to have that amount previously paid by the City paid to the deferred compensation plan under Internal Revenue Code section 401 (a) 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. Notwithstanding any annual or lifetime cap or otherwise, in-home medical benefits shall not be reduced below those existing on June 1, 1999 except where deemed medically necessary and appropriate by Employee’s doctor or upon written request by Employee. 4 INTERINSURANCE EXCHANGE& the Automobile Club of Southern California JAILING ADDRESS: P.O. BOX 25001, SANTA ANA, CALIFORNIA 92799-5001 BINDER OF Name and Address of Lienholder or Additional insured CITY OF CARLSBAD 1200 CARLSBAD VILLAG DR. CARLSBAD, CA 92008 ‘NSURANCE Control No NOTICE TO LIENHOLDER IN THE EVENT OF CANCELLATION OF THIS BINDER, THE EXCHANGE WILL GIVE THE LIENHOLDER 10 DAYS WRITTEN NOTICE OF CANCELLATION Policy Effective 12/l 5100 TO 12/l 5/01 The Interinsurance Exchange of the Automobile Club of Southern California hereby acknowledges itself bound to the named insured for the coverages specified in the schedule subject to all the provisions of the Exchange’s applicable policy form. The issuance of a policy to the named insured or, if a policy is in force, the issuance of an endorsement covering the automobile, boat or trailer described herein shall void this binder. A pro rata premium charge computed for the term of coverage in accordance with the current rates of the Exchange in effect at the inception of the binder will be made unless such a policy or policy endorsement is issued. This binder shall not be construed to afford cumulative insurance with any existing policy. Name of insured BALL, RON Car# 1 Year 1 5 1 00 I DESCRIPTION OF AUTOMOBILE, BOAT, OR TRAILER Trade Name I Type of Body or Boat I Identification Number VOLVO PP 1 YVl VS25524F511504 I I AUTOMOBILE INSURANCE - Yodily Injury Liability Property Damage Liability I “ti” indicates Coverage bound and afforded Thousand dollars, each porson Car 1 ca2x car3 x CAC thousand dollars, each occurrence X thousand dollars, each Occurrence X Medical Payments Undersinsured Motorist/Uninsured Motorist Comprehensive (include. Fire and Theft) Fire and Theft only I thousand dollars, each person 1 Not Less Than $15.000 each oerson/$30.001 . I (a) Actual Cash Value less $ (b) Limit of Liability of $ (a) Actual Cash Value less $ (b)Limit of Liability of $ I I D each accident 500 deductible X less $ deductible deductible less $ deductible Collision (a) Actual Cash Value less $ 500 deductible x (b) Limit of Liability of $ less $ deductible Uninsured Deductible Waiver VS. 1. (Conversion, Embezzlement, Secretion only) I I I WATERCRAFT INSURANCE (Boat) LIMITS OF LIABILITY ‘Y” indicates Coverage bound and afforded Thousand Dollars, each occurence Bodily Injury and Property Damage Liability Physical Damage I Actual Cash Value not to exceed Limit of Liability of$ lesS$ deductible I Effective Date of Binder 12/l 5/00 to 12/l 5/01 _________ 12:01 AM This binder shall expire 30 days from the effective date or may be canceled by the named insured at any time during such 30 days period. The Exchange may cancel this binder by mailing to the named insured at the address shown above written notice stating when, not less than 19 days thereafter, such cancellation shall be effective. The mailing of such notice shall be sufficient proof of notice. Distr --DEC~MAR gJ ___-_--__ GWEC?.BEs~~EM~~*Q~~~ ___________________________________ ACSC Managment Services, (Authorizd Representative) ATTORNEY-IN-FACT 305LO E 8-87 (. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 r” / RESOLUTION NO. 2000-319 MODIFICATIONS TO THE MANAGEMENT COMPENSATION AND BENEFITS PLAN. WHEREAS, the City Council adopted Resolution No. 2000-261 adopting the California Public Employees’ Retirement System (CalPERS) Health Program for management employees; and WHEREAS, the City Council wishes to formalize the transition to the CalPERS Health Program and to provide greater detail as to how health benefits under this new program will be administered for both active and retired management employees; and WHEREAS, the City Council wishes to clarify the health insurance options available to the City Manager and the City Attorney by amending Section VII OTHER SUPPLEMENTAL BENEFITS of its contracts with the City Manager and the City Attorney; and WHEREAS, the City Council adopted Resolution No. 2000-71 approving a Memorandum of Understanding (MOU) with the Carlsbad City Employees’ Association (CCEA) that contained a revision of the list of scheduled paid holidays; and WHEREAS, it is the intention of the City Council that management employees and employees represented by CCEA have the same holiday schedule; and WHEREAS, the City’s long-standing practice is to allow employees represented by CPMA to be paid for the same holidays that employees represented by the Carlsbad Police Officers’ Association (CPOA) are paid; and WHEREAS, the City Council desires to have a Management Compensation and Benefits Plan that complies with existing laws and reflects current practice. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct. 2. That the City Council hereby amends Section 3, Health Benefits and Section 3, Health Insurance for Retirees to formalize the transition to the CalPERS Health Program and to provide greater detail as to how health benefits under this program will be administered for both active and retired management employees. 3. That the letter of understanding between the City Council and City Manager dated August 10, 1999 is amended as forth in “Amendment No. 02 to Agreement Letter of Understanding” attached to this resolution. 4. That the letter of understanding between the City Council and City Attorney dated August 10, 1999 is amended as forth in “Amendment No. 02 to Agreement Letter of Understanding” attached to this resolution. 5. That the City Council hereby amends Section 3, Holidays, of the Management Compensation and Benefits Plan to combine Lincoln’s Birthday and Washington’s Birthday into one Presidents’ Day holiday and to include Martin Luther Ring, Jr.‘s Birthday as a scheduled holiday effective calendar year 2001. 6. That the City Council hereby amends Section 3, Holidays, of the Management Compensation and Benefits Plan to add language that clarifies that employees represented by the Carlsbad Police Management Association (CPMA) will be paid for the same holidays that employees represented by the Carlsbad Police Officers’ Association are paid. Ill Ill Ill 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 7. That the City Council hereby amends Section 3, Management Leave and Section 3, Sick Leave Conversion of the Management Compensation and Benefits Plan to bring these provisions into compliance with existing laws and/or current practice. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council, held on this 17th day of October ,2000, by the following vote, to wit: AYES:Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ABSENT: None ATTEST: (SEW 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 AMENDMENT NO. 02 TO AGREEMENT LETTER OF UNDERSTANDING .: This Amendment is entered into and effective as of the 24TH day of ,2000, amending the agreement dated August lo,1999 by and between the October City Council of the City of Carlsbad (hereinafter “Council”) and Ronald R. Ball, the City Attorney (hereinafter “City Attorney”). RECITALS WHEREAS, the initial agreement, dated November 2 1, 1996 identified with particularity the employment agreement between Council and City Attorney; and WHEREAS, the parties to this aforementioned agreement desire to alter Section VII OTHER SUPPLEMENTAL BENEFITS; and WHEREAS, this section is amended to read as shown on Exhibit “A” to this amendment, NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, Council and City Attorney hereby agree as follows: 1. That the Letter of Understanding dated November 2 1, 1996 approved by City Council Resolution No. 96-395, which was amended on August 10, 1999 by City Council Resolution No. 99-279, is amended as shown on Exhibit “A”. Ill Ill Ill Ill Ill Ill Ill 1 2. Except for this amendment, all other terms and conditions of said Letter of 2 Understanding remain unchanged and in full force and effect. 3 4 DATED: 10/24/00 CITH 6 7 a 9 IO 11 12 13 14 15 16 17 ia 19 20 21 22 23 DATED: 10 *)+ -&a%. By: A. %E#‘$ Mayor - - RONALD R. BALL, City Attorney Exhibit “A” AMENDMENT NO. 02 TO AGREEMENT LETTER OF UNDERSTANDING BETWEEN THE CITY COUNCIL AND THE CITY ATTORNEY SECTION VII OTHER SUPPLEMENTAL BENEFITS I The City Attorney shall accrue vacation leave 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 Attorney, except that the City Attorney 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 contract, holidays, retirement (PERS), benefits and payments, health insurance, dental insurance, long-term disability insurance, and life insurance. The City Attorney may elect to participate in any of the medical insurance programs offered by the City. The City shall contribute to the City Attorney’s Deferred Compensation account the maximum amount permitted by law (currently $8,000) and, if so requested by the City Attorney, the amounts permitted under the so-called “catch-up provisions” as authorized under the Internal Revenue Code section 457 provisions. Notwithstanding any annual or lifetime cap or otherwise, in-home medical benefits shall not be reduced below those existing on June 1, 1999 except where deemed medically necessary and appropriate by Employee’s doctor or upon written request by Employee. . I 1 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 rc4 F, AMENDMENT NO. 01 TO AGREEMENT LETTER OF UNDERSTANDING This Amendment is entered into and effective as of the 10 th day of August , 1999, amending the agreement dated November 21, 1996 by and between the City Council of the City of Carlsbad (hereinafter “Council”) and Ronald R. Ball, the City Attorney (hereinafter ‘City Attorney”). RECITALS WHEREAS, the initial agreement, dated November 21, 1996 identified with particularity the employment agreement between Council and City Attorney; and WHEREAS, the parties to this aforementioned agreement desire to alter Sections IV SALARY, VI VEHICLE ALLOWANCE OR PROVISION OF VEHICLE, VII OTHER SUPPLEMENTAL BENEFITS, VIII ANNUAL REVIEW, and XII NOTICES; 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, Council and City Attorney hereby agree as follows: 1. That the Letter of Memorandum dated November 21,1996 approved by City Council Resolution No. 96-395 is amended as shown on Exhibit “A”. I/! /II /I! //I . /II 2. Except for this amendment, all other terms and conditions of said 2 Letter of Understanding remain unchanged and in full force and effect. 3 DATED: 8//13/~ “! CITY OF CARLSBAD, a 4 municip2 corporation 5 6 By: 7 8 DATED: 8 - (s- 99. 9 l( 13 12 1: 14 1E 1C 17 18 19 20 21 22 23 24 25 26 27 28 LLdQ*~ RONALD R. BALL, City Attorney I t 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT “A” TO AMENDMENT NO. 01 TO AGREEMENT LETTER OF UNDERSTANDING BETWEEN THE CITY COUNCIL AND THE CITY ATTORNEY SECTION IV SALARY The base compensation of the City Attorney shall be adjusted by the addition of four percent (4%) to the current bi-weekly compensation of $4,436. This adjustment brings the bi-weekly compensation for the City Attorney to $4,614. effective January 1, 1999. After January 1, 1999 compensation of the City Attorney may be adjusted from time to time during the term of this Letter of Understanding by resolution of the City Council. SECTION VI VEHICLE ALLOWANCE OR PROVISION OF VEHICLE The City Attorney’s functions and duties require him to have use of an automobile during his employment with the City. The City shall reimburse the City Attorney the monthly sum of $350 for the expense of owning, operating, maintaining, and insuring his personal automobile effective January 1, 1999. In lieu of a vehicle allowance, the City Attorney may cause 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, insurance, if applicable, maintenance and operational costs except that Employee shall be responsible for maintenance when out of town for overnight or longer non-City purposes. If Employee uses the vehicle for non-City purposes during 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,- h. the term of this agreement, Employee shall reimburse the City for the cost of related insurance coverage in the amount of $350 annually, payable on January 2 each year. SECTION VII OTHER SUPPLEMENTAL BENEFITS The City Attorney shall accrue vacation leave 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 Attorney. 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 contract, holidays, retirement (PERS), benefits and payments, health insurance, dental insurance, long-term disability insurance, and life insurance. The City shall contribute to the City Attorney’s Deferred Compensation account the maximum amount permitted by law (currently $8,000) and, if so requested by the City Attorney, the amounts permitted under the so-called “catch-up provisions” as authorized under the Internal Revenue Code section 457 provisions. Notwithstanding any annual or lifetime cap or otherwise, in-home medical benefits shall not be reduced below those existing on June 1, 1999 except where deemed medically necessary and appropriate by Employee’s doctor or upon written request by Employee. SECTION VIII ANNUAL REVIEW The City Council shall review and evaluate the performance of the City Attorney in July of each year. This review and evaluation shall be accordance with the criteria developed jointly by the City Council and the City Attorney. The Mayor shall provide the City Attorney with a summary written statement of the Findings of the City 4 . . , 1 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 Council and provide an adequate opportunity for the City Attorney to discuss his evaluation with the City Council. SECTION XII NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows or as such address may be changed from time to time upon written notice to the other: CITY: Mayor City of Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad. CA 92008 CITY ATTORNEY: Ronald R. Ball 221 La Barranca Drive Solana Beach, CA 92075 7 LETTER OF UNDERSTANDING This Letter of Understanding is made and entered into this 21st day of NOVEMBER , 1996, by and between the City of Carlsbad, a municipal corporation of the State of California ("City"), and Ronald R. Ball (sometimes hereinafter referred to as @%mployeeVg), both of whom understand as follows: RECITALS WHEREAS, Chapter 2.14 of the Carlsbad Municipal Code provides for the Office of the City Attorney who shall be appointed and retained by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold that office for and during the pleasure of the City Council, and WBEREAS, the Council desires to continue the employment of Ronald R. Ball as City Attorney, and WHEREAS, it is the desire of the parties hereto to provide a supplement to those functions and duties set forth in Chapter 2.14 of the Carlsbad Municipal Code and such other benefits as set forth in the Management Compensation and Benefits Plan Council Policy No. 36 or its successor policy, and to provide that the City Attorney 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 A terminating his services at such time as he may be unable to fully discharge his duties or when the City Council may otherwise desire to terminate his employment. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION I DUTIES The City Council hereby agrees to continue the employment of Ronald R. Ball as City Attorney and to exercise the powers, duties and responsibilities set forth in Carlsbad Municipal Code Chapter 2.14 and applicable state law and such other applicable ordinances and resolutions now in effect or hereafter adopted by the City Council. SECTION II TERM Ronald R. Ball was appointed City Attorney on July 9, 1992 and shall continue in that capacity and shall continue to fulfil1 the powers, functions and duties of City Attorney and shall serve in that capacity until such time as this Letter of Understanding is terminated pursuant to Section III below. The term of this Letter of Understanding shall commence on the date approved by the City Council for an initial two year period and on January 1 of each year shall automatically be extended for an additional two year period unless terminated pursuant to Section III below. The purpose of this paragraph is to ensure compliance with Government Code section 53260. 2 Nothing in this Letter of Understanding shall prevent, limit or otherwise interfere with the right of the City Attorney to resign at any time subject only to the provisions set forth in Section III below. Employee agrees to remain in the exclusive employ of the City and neither to accept other employment or to become employed by any other employer without the express permission of the City Council; provided, nothing contained herein shall be construed or interpreted to prohibit Employee from engaging in such occasional activity such as teaching, writing or consulting which activity shall only be conducted apart from his normal and regular functions and duties. SECTION III SEPARATION FROM EMPLOYMENT In the event the City Council desires to terminate this Letter of Understanding during which time Employee is ready, willing and able to perform the functions and duties set forth herein, then, in that event, City Council agrees to pay Employee, in addition to any other amount that may be due at the time of termination of this Letter of Understanding, a lump sum cash payment equal to one month of pay at the rate in effect at the time of termination for each year of employment with the City up to a maximum of 12 months. However, in the event Employee is separated from employment because of his conviction of any illegal act involving personal gain or moral turpitude, or is not 3 licensed to practice law in the State of California then, in that event, the City Council shall have no obligation to make the above specified payment. In the event Employee desires to separate from employment, this Letter of Understanding during such time as the City Council desires Employee to continue in his capacity as City Attorney, then, in that event, Employee agrees to provide Council with 60 days written notice of said separation. SECTION IV SALARY The base compensation of the City Attorney shall be adjusted by the addition of two percent to the current bi-weekly compensation of $4,099.40. This adjustment brings the bi-weekly compensation for the City Attorney to $4,182 effective January 1, 1996. The City Attorney's compensation shall be further adjusted three percent annually effective January 1, 1997 and three percent annually effective January 1, 1998. The City Attorney shall also receive a one-time lump sum merit bonus equal to two percent of his annual salary in recognition of continued outstanding contributions to the City, upon execution of this Letter of Understanding. After January 1, 1998 compensation of the City Attorney may be adjusted from time to time during the term of this Letter of Understanding by resolution of the City Council. SECTION V OTHER DUTIES The City Attorney shall also serve as the General Counsel of the Carlsbad Municipal Water District and 4 h . General Counsel to the Housing & Redevelopment Commission and shall receive the sum of $300 per month for each position effective January 1, 1996. SECTION VI VEHICLE ALLOWANCE OR PROVISION OF VEHICLE The City Attorney's functions and duties require him to have use of an automobile during his employment with the City. The City shall reimburse the City Attorney the monthly sum of $325 for the expense of owning, operating and maintaining and insuring his personal automobile effective January 1, 1996. 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. SECTION VII OTHER SUPPLEMENTAL BENEFITS The City Attorney shall accrue vacation leave and sick leave as provided for under existing City policy. 5 . 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 Attorney. As used herein, fringe benefits include but are not limited to vacation, sick leave, educational benefits, holidays, retirement (PERS), benefits and payments, health insurance, dental insurance, long-term disability insurance, life insurance, and the City Attorney's annual bar dues. SECTION VIII ANNUAL REVIEW The City Council shall review and evaluate the performance of the City Attorney in January of each year. This review and evaluation shall be in accordance with the criteria developed jointly by the City Council and the City Attorney. The Mayor shall provide the City Attorney with a summary written statement of the Findings of the City Council and provide an adequate opportunity for the City Attorney to discuss his evaluation with the City Council. SECTION IX PROFESSIONAL DEVELOPMENT All normal business expenses, such as attendance at the League of California Cities, the League of California Cities City Attorney Department meetings, IMLA, San Diego City Attorneys I Association meetings and conferences as well as business lunches, dinners, etc., will be provided for separately in the operating budget of the City Attorney's office. The City Council will continue to budget sufficient funds to maintain the City Attorney's office as a high- quality law office including sufficient funds to do state of 6 f the art legal research and other practices and procedures necessary to provide top quality legal services to the City. SECTION X NOTICES Notices pursuant to this Letter of Understanding shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows or as such address may be changed from time to time upon written notice to the other: CITY: CITY ATTORNEY: RONALD R. BALL 3581 Celinda Drive Carlsbad, California 92008 IN WITNESS WHEREOF, the City and the City Attorney have caused this Letter of Understanding to be executed on MAYOR City of Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, California 92008 the day and year first written above. DATED: November 21, 1996 CITY OF CARLSBAD, By: DATED: November 21, 1996 RONALD R. BALL City Attorney 7