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HomeMy WebLinkAbout1978-11-07; City Council; 5402-1; Assistant City AttorneyCITY OF CARLSBAD AGENDA BILL N0. S:S:y$ ,? • DATE: November 7, 1978 DEPARTMENT: City Attorney ASSISTANT CITY ATTORNEY �d ) r0 Initial: Dept. Hd` C. Atty. C. Mgr. Statement of 'the Matter On April 4, 1978, the City Council authorized funds to provide for a CETA City Attorney Trainee position in the City Attorney's Office. That position was carried over and approved as part of the 1978-79 fiscal year budget. The,incumbent, Mr. Cook, has indicated effective November 24, 1978, he will be leaving the City to accept a position as a Deputy District Attorney for San Diego County. A memorandum detailing our experience with the CETA position is attached. It is requested that additional funds be provided to supplement the City Attorney's budget to support a regular, classified position of ASSISTANT CITY ATTORNEY. Approximately $8,000 will be required ior*the balance of the present fiscal year. In order to proceed with the selection and hiring of an individual, it is necessary to amend the Classification and Salary Plan. It is also necessary to amend the Municipaf Code to provide that the position will be unclassified. The Assistant City Attorney will operate under the direction of the city Attorney and will be appointed by him. The salary range established for this position will be a part of the City's existing Executive Salary Plan. Exhibits I. Memorandum to the City Council dated October 31, 1978 2. Resolution No. p/ amending the Classification and Salary Plan. 3. Resolution No._d—' 0 2 amending the Executive Salary Plan. 4. Ordinance No. amending the Municipal Code to provide for t e position of ASSISTANT CITY ATTORNEY as a part of the unclassified service. 5. Resolution No. b a 3 authorizing transfer of funds. Recommendation If the City Council concurs, adopt Resolution No. 6-feoI amending the Classification and Salary Plan, Resolution No. ...rt amending the Executive Salary Plan and introduce Ordinance No.,0 �� to establish the position. Also, adopt Resolution No. ,s_ o authorizing the transfer of funds. See Page 2 for Council action Agenda Bill #5402 - Supplement #1 Page 2 Council action• 11-7-78 Council adopted Resolution No. 5601, amending the City's Classification Pan to include the position of Assistant City Attorney; adopted Resolution No. 5602, amending Res. 5553, by the amendment of the Executive Compensation Plan for certain Management Personnel for the 1978-79 fiscal year to add the position of Assistant City Attorney; Introduced Ordinance 1211, amending Title 2, Chapter 2.44 of a Carlsbad Municip—aTCode by the amendment of Section 2.44.030 to add the position of Assistant City Attorney to the unclassified service; and adopted Resolution No. 5603, authorizing the transfer of $8,000.00 from the General Fund to budget account number 01-105 for the purpose of hiring an Assistant City Attorney. 11-21-78 Council adopted Ordinance 1211, amending Title 2, Chapter 2.44 of the Carlsbad Municipal Code by the amendment of Section 2.44.030 to add the position of Assistant City Attorney to the unclassified service. MEMORANDUM DATE: October 31, 1978 TO: Mayor and City Council FROM: City Attorney SUBJECT: ASSISTANT CITY ATTORNEY On March 22, 1978 I addressed a memorandum to the City Manager regarding the addition of an Assistant City Attorney position (CFTA) in my office. A copy of that memorandum is attached for your ready reference. On April 4, 1978 the City Council authorized the position and adopted Resolution No. 5367, which funded it through the end of the 1977-78 fiscal year. The position was included in the City Attorney's regular budget for the 1978-79 fiscal year and approved by the City Council. The position was filled on June 5, 1978 when Mr. Paul Cook joined my office. He has informed me that effective November 24, 1978 he will be leaving the City to accept a position as a Deputy District Attorney for the County of San Diego. The City Manager and I have discussed the vacancy and its effect on my office. He has suggested that I share that discussion with you. My Marcie 22, 1978 memorandum described the immediate need for assistance in my office. Some of the matters discussed in the memorandum have been completed. For instance, the AE Realty lawsuit went to trial and resulted in a judgment in favor of the City. The other items of litigation mentioned, Grove, Priestly, Janss/Bristol Cove, Pulido, etc., remain active. In addition, we have litigated the Reynolds subdivision, which resulted in a judgment favorable to the City. In that regard, on October 27, 1978, we were served with a notice of appeal in that case. 'We have successfully resisted a temporary restraining order and preliminary injunction and have received an unfavorable ruling on our demurrer in the AFSCME case. We are now preparing an answer and a summary judgment motion. Substantial progress has been made on some of the general projects listed in the memorandum such as the newly adopted school fee law (SB-201), the Subdivision Ordinance revision and the Condominium Conversion Ordinance. The May Company continues to take substantial amounts of time, but I think it is on the verge of being resolved. Some progress has been made on some of the other matters but most of them are still pending. There are, of course, a full slate of new matters. The situation described in the March memorandum has not changed. In fact, the level of activity has increased and indications are that it will continue to increase in the future. Mayor and City Council -2- October 31, 1978 As indicated in the memorandum, I gave initial consideration to asking the Council for a regular Assistant City Attorney position early in 1977 and, again, in March of 1978. Ultimately I decided to recommend attempting to meet the need with a CETA position. In that regard, Mr. Cook has been a valuable addition to my office. Almost immediately he was asked to assume sub- stantial responsibility for the Reynolds litigation. Consider- ing the May Company and the other priority matters which I was handling, if he had not been available, it would have been necessary to ask the Council to consider outside counsel. In addition to that lawsuit, he undertook a concentrated training program designed to familiarize himself with the City's operation and municipal law. The Council will recall, at approximately the same time, it was necessary to respond to a lawsuit brought by AFSCME. In that case, we were required to retain outside counsel on short notice to handle the preliminary injunction. After Reynolds, we were able to return AFSCME to our office and Mr. Cook assumed responsibility for handling the demurrer. He has also handled a number of routine matters originating from the departments; undertaken to approve all of the bonds and agreements as to form, and prosecuted several misdemeanors. He recently completed a draft of a major revision to our Subdivision Ordinance and is currently working on the City's Conflict of Interest Code. His absence will adversely impact our ability to continue with prosecution functions and substantially diminish our ability to respond to the departments. We are attempting to finish a substantial amount of the work on the AFSCME summary judgment motion before he leaves. If we cannot resolve the case at that stage, it may be necessary to ask Council for additional authorization for outside counsel. I think it would be accurate to say that Mr. Cook has earned his salary several times over, taking into account only the money saved in the two items of litigation he has handled as opposed to the costs of outside counsel. Given the current level of litigation, we can expect that situation to continue. The City Manager and I have discussed the vacancy. Ile agree it should be filled as soon as possible. For a number of reasons he has recommended to me that a regular Assistant City Attorney position be created and I concur. Some of the factors bearing on that judgment are as follows: 1. There have been substantial revisions in the regulations regarding CETA. The most important is a limitation on the amount a City may supplement CETA salaries. This limitation makes it unlikely we can fill the position with someone of Mr. Cook's caliber utilizing CETA. The new rules also contain aofi�, Mayor and City Council -3- Octobez 31, 1978 substantially tighter eligibility requirements which limits its use almost entirely to the hard-core unemployed. 2. As indicated in my March 22, 1978 memorandum, we recognized that after acquiring a certain level of experience an individual filling the CETA position could be expected to leave for a better job. That is exactly what has occurred. The first three months is substantially involved in train- ing. Ili Mr. Cook's case he remained with the City for five months. That is a rather limited productive period. The quality of the person we would select and which would be necessary to benefit Carlsbad could be expected to be of interest to other agencies. The turnover creates a gap in my office, requires a substantial amount of time to go through the interview and selection process and requires a repetition of the training process. Based on my experience, it is just not cost effective to continue on that basis. 1. The continuing and increasing nature of the City's involve- ment in litigation, including prosecutions, indicates to me that if we are to avoid the increased use of outside counsel, it will be necessary to maintain a capability for handling those matters in my office. That simply would not be possible utilizing the CETA Deputy position. Without an assistant, my attention, of necessity, must go to litigation and the Council, to the detriment of the City's departments. In the interest of economy, we attempted to meet the need in the least expensive manner. In the light or experience, it seems to me, that the regular position is now required. This memorandum is my request that the Council take the steps necessary to create a position in the unclassified service for an Assistant City Attorney. I would appreciate the opportunity to discuss this matter with you individually. Let me know if you have any questions or need any aAitional information. VINCENT F. BIONDO, JR. City Attorney VFB/mla Attachment cc: City Dlanage : MEMORANDUM DATE: March 22, 1978 TO: City Manager FROM: City Attorney SUBJECT: CETA VACANCIES You have asked for my comment on the memorandum to you from the Personnel Director, dated March 3, 1978,'regarding CETA vacancies. The memorandum indicates that there are two CETA vacancies in the City at this time. He recommends that you consider filling one of the positions with a trainee or entry level position in the City Attorney's office. I appreciate the Personnel Director's interest in my office. I would like to requc - that you undertake the steps necessary to fill one of the CETA vacancies with a City Attorney Trainee. Early in 1977, while preparing my budget for the 1977-78 fiscal year, I gave serious consideration to asking the City Council to establish a Deputy's position in my office. At that time there was no doubt in my mind that some assistance was necessary if we were going to meet all of the demands for service which we were receiving. Nevertheless, for a number. of reasons, I determined that we could co:itinue to operate With the addition of help from outside counsel on selected matters of litigation. It has been obvious to me for some months that that judgment was in error. I simply have not been able to keep up with all of the demands on my time and am falling further behind. As you knoca, when I came to Carlsbad in 1972 as its first full- time City Attorney, we had approximately 140 employees and a Population of 15,000. Our population has doubled, the number of employees has almost doubled and we have added a number of new departments and functions. There has been an even greater increase in my workload. By way of comparison Vista has had a full-time CETA Deputy in the City Attorney's office for the last three years. I believe our City, which is full service, has a greater volume of activity, When T- was in Escondido in 1971 they were utilizing three full-time attorneys for a Population of 35,000. Oceanside added its third full-time attorney when they reached approximately 45,000. All three of those cities also make extensive use of outside counsel. W tip City Manager -2- ' March 22, 1978 We've kept some statistical records on the categories of work performed. Some comparisons may be of interest. 1975 1976 1977 Memorandums of advice 155 255 288 Letters 133 142 173 Correspondence relating to litigation - 66 112 Agenda Bills prepared 76 83 96 Agenda Bills approved 252 307 392 Resolutions '323 331 377 Agreements 76 96 149 Bonds 66 78 95 Misdemeanor prosecutions 6 9 10 The above statistics axe only a general guide but they show a trend of an increased level of activity in my office. The first three months of 1978 indicate a continuing increase at a faster rate in all categories. One category of work which deserves special mention is claims and litigation. The increase in the level of activity in this area is probably the biggest, single contributor to the increase in my workload. In 1975 we had sixteen claims, 1976 - seventeen and 1977 - twenty-three. This year, through March, we have already had sixteen (even discounting this number for the seven or eight attributable solely to the unusual rains, the rate of increase is a cause for concern). Not only has the number ,of claims increased but the number resulting in litigation as well. In 1975 only one of the claims actually resulted in litigation. In 1977 six of the claims were in active litigation. Several of those under full reservation of rights which requires sub- stantial amounts of my time. _-A City Manager -3- March 22, 1978 Since the first of the year I have had to give priority to several important matters; i.e., the AE Realty lawsuit; the Grove, Priestly, Bristol Cove, Pulido and Dautrich litigation; the sewer moratorium, with its many attendent subsidiary problems; and the May Company. I have currently pending in my office a number of substantial projects most of which are already overdue. They include: 1. There are twelve bills from 1976 and seven from 1977 which have not been incorporated into our Subdivision Ordinance. It has been possible to put off the major revision of our ordinance, which is required, due to the sewer moratorium, but that should be attended to in the near future. 2. Extensive revisions are necessary in our parcel map procedures. 3. We are obligated to adopt a Local Conflict of Interest Code for all our departments. The Fair Political Practices Commission has inquired several times when we might expect to adopt our code. 9. My most pressing project is the need to completely revise our. Environmental Ordinance. Recent litigation has pointed. up the need for some improvements in the -ordinance and its administration. In addition, we have two extensive sets o' guideline revisions which need to be incorporated into our ordinance and implementing resolutions. 5. We are under a condominium moratorium and the Council has directed that a condominium ordinance and curb -cut standards be prepared as soon as possible. 6. Our zoning -General Plan consistency program is behind. In particular, I need to spend considerable time with the Planning Department dealing with the problem of the multiple zones and the density ranges. 7. We have been involved with Occidental -Ayres in developing a set of reimbursement agreements and implementing ordinances to reimburse the developers in excess of one million dollars in sewer construction expenses. The Public Works Administrator City Manager -4- Mardh 22, 1978 has drafts in my office pending review. We also need to revise the agreement for the Poinsettia overcrossing. 8. The Legislature has adopted a new Municipal Reorganization Act. That needs to be reviewed, analyzed and compared to the District Reorganization Act and advice prepared for the Council Committee and the affected departments in regards to their ongoing efforts vis-a-vis CMWD. 9. The Council has directed the implementation of a new septic tank policy which necessitates the adoption of various portions of the County Code, plus the revisions of a number of our ordinances. The process has not yet begun. The above are only some of the projects in my office. In addition, there are two matters of new legislation which are important. The first is the new school fee law (SB-201), which I must bring to the Council's attention in the near future. This will necessitate adoption of an ordinance, negotiation with the school districts in regards to fees, and the development of a new system for meeting the problems inherent in the City -Developer -School District equation. The second is AB-884, which imposes a new one --year scheme for the processing of developments. Implementing this new law is going to require extensive amendments to our Planning and Zoning ordinances and our Planning procedures. Failure to comply with it will result in the automatic approval of projects. It affects not only new applications but all those in process. Finally_, as you know, the City has added a zoning enforcement officer. I appreciate the fact that you have been directing his activities in other areas for the time being. The simple fact is, that unless it is a matter of priority to the Council, I simply do not have the resources available to undertake any additional misdemeanor prosecutions now, or in the foreseeable future. In prosecuting cases of that type, we come after the District Attorney's cases and often must spend a full day in court just waiting for a chance to be heard. Those kinds of absences from the office take such a substantial block of my time that it simply is not feasible to undertake them.. As indicated above, during the last six months most of my time has been devoted to litigation, City Council matters and certain priority projects. As a result, a number of requests for assistance from departments have 'simply gone unanswered. There are a number of things which the departments have been involved with, such as the Calavera Bills Master Plan -Sewer Proposal, City Manager •-5- March 22, 1978 Phase II Sewer Allocation System, Agua Hedionda Lagoon Plan and Encina 5 Coastal Commission approval, where my assistance should have been available but there was not sufficient time. Many of our agreements, bonds, resolutions and ordinances are being prepared directly by the Departments. In addition, I have received exceptionally fine assistance from my secretary who, in effect, has been working not only as a secretary, but as a legal assistant as tgell. For instance, requests for unlawful detainer actions from the Dousing, Authority have been handled exclusively by her, including the drafting and filing of the complaints. Personally, I have been working in excess of sixty hours a week for sometime, which would cause me some concern if it proves to be a permanent condition. I have also been unable to carry on the amount of outside reading and seminars necessary to remain fully professionally competent. These are all stop- gap measures which will become counterproductive if continued for any length of lime. in my opinion there is an immediate need for assistance in my office. I have considered whether or not it would be in the City's best interests to add a Deputy City Attorney position rather than the CETA clerk. A Deputy position, filled by someone with a year's experience, would be able to undertake a greater portion of the workloa& and would require less training. We could also expect to retain him for a longer period of time. However, we do have severe space limitations, it would involve the creation of a permenent position, added costs and it would take a substantial period of time to get the person on board. The CETA position would involve more training and we could expect when -the individual acquired a certain level of experience they would leave for a better job. However, it could be filled almost immediately, which is important. It would involve less cost and a person filling that position would be amenable to sharing space in the cramped conditions here. Based on inquiries I have made, the indications are that we can obtain a qualified attorney, who has been admitted to the Bar, to fill a Trainee - Law Clerk CETA position. I think we should try that option. Even without the experience, the person filling the CETA position would be able immediately to take over the simpler misdemeanor prosecutions and a number of routine functions, such as reviewing bonds and approving agreements and, of course, they could provide research support on a number of matters. City Manager --6- March 22, 1978 My inquiries indicate we would get a good response by advertising for the CETA position at a range between $900.00 and $1100.00 per month. That would necessitate expenditure of a certain amount of City funds to supplement the CETA salary. I understand a similar arrangement has been utilized in the past for administrative assistants. I would anticipate the necessity to supplement the City Attorney's budget to cover the added salary and other matters in an amount of approximately $400.00 per month. I understand it is preferable to wait until the regular budget process to request a new position. However, assuming the budget would be approved in July, and the two or three months to fill the position, my office will remain without assistance approxi- mately six months. I don't think the workload will allow that. The CETA vacancy exists now and I would like to request it be filled as soon as possible. I would appreciate your undertaking the steps necessary to place whatever approvals are required before the City Council for action as soon as possible. Please let me }now if you need any additional information. VINCENT F. BIONDO, JR. City Attorney VFB/mla PEN _4 R$TION N0. 5601 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, A*'LENDING $ THE CITY'S CLASSIFICATION PLAN TO INCLUDE THE POSITION OF ASSISTANT CITY ATTORNEY. 4 5 WHEREAS, it is the intent of the City of Carlsbad to employ 6 an Assistant City Attorney; 7 NOW, THEREFORE BE IT RESOLVED by the City Council of the 8 City of Carlsbad as follows: 9 1. That the above recitations are true and correct. 1.0 2. That the City Manager is hereby authorized and directed to 11 include the position of Assistant City Attorney in the,City's 3.2 Classification Plan and the class specification, shown as Exhibit A, !j 13 attached hereto and made a part hereof, is approved. U 8U. 14 3. That the City Attorney shall be authorized and directed o=Z m � 0 15 to employ an Assistant City Attorney. a W6 d 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the City ' zo'm '> 0 17 Council of the City of Carlsbad, held on the 7th day of Nnvamhpr. a 18 1978 by the following vote, to wit: 19 AYES: Councilmen Skotnicki, Anear, Lewis and Councilwoman Casler 20 NOES: None 21 ABSENT:. Councilman Packard 22 04'r'. RONALD C. PACKARD, Mayor 23 ATTEST: 24 26 ALETHA L. RAUTENKRANZ, City Cle 26 (SEAL) 27 28 j .jyyrx I 0. CITY OF CARLSBAD ASSISTANT CITY ATTORNEY Definition This is professional legal and administrative work in research, consultation, and court trials in- volving municipal legal problems. The work involves the preparation of opinions, ordinances, and resolutions and the responsibility for representing and advising in civil litigation in which the city is involved, and the prosecution of criminal violations of city ordinances under the direction of the City Attorney. Examples 1. Studies constitutions, statutes, ordinances, of Duties decisions, rules, and regulations with the objective of clarifying points of law and facts. Carries on related research activity. 2. Advises•on legal questions and confers with various offices, employees, boards, commissions, agencies, and citizens of the city. 3. Writes and reviews contracts, resolutions, ordinances, and other legislative and legal documents. 4. Prepares briefs for court cases, and represents the city in cases where the city is involved. 5. Investigates claims by and against the city, and recommends action to be taken. S. May assign, supervise, and review the work of professional and clerical subordinates involved in a wide variety of legal research and record maintenance work. 7. Acts for the City Attorney in his absence. 8. Performs related duties as required. Employment Graduation from an American Bar Association accredited Standards law school. Evidence of qualification to practice law before all courts of the State of California must be presented as part of the required minimum qualifi- cations. 1 2 4 5 6 7 8 9 10 11 12 13 $ 10' 14 0 '0, 15 m5 DLL W rzyo 16 cc 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5602 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NO. 5553, BY THE AMENDMENT , OF THE EXECUTIVE COMPENSATION PLAN FOR CERTAIN MANAGEMENT PERSONNEL FOR THE 1978-79 FISCAL YEAR TO ADD THE POSITION OF ASSISTANT CITY ATTORNEY. WHEREAS, the City Attorney and the City Manager recommend and the City Council concurs that the addition of the position of Assistant City Attorney, to the City's Executive Compensation Plan for certain management personnel for the 1978-79 Fiscal Year, is necessary; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the City Council authorizes and directs the addition of the position of Assistant City Attorney to the Executive Compensation Plan as set forth in.Exhibit A, attached hereto and made a part hereof, which was adopted as the Compensation Plan for all employees covered by said plan for Fiscal Year 1978-79. PASSED, APPROVED AND ADOPTED at a regular meeting oT the City Council of the City of Carlsbad, held on the 7th day of November , 1978, by the following vote, to wit: AYES: Councilmen Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: Councilman Packard RONALD C. PACKARD, Mayor ATTEST: /�Yr_ f,e ,l a,., w AL THA L. RAUTENXRANZ, City C rk (SEAL) • Exhibit A to • ' Resolution No. 5553 EXECUTIVE COMPENSATION PLAN I•. PURPOSE The purpose of this attachment is to consolidate into a single document all those elements that constitute the Executive Compensation Plan (ECP) which have been authorized through,a variety of authorities. The ECP has been divided into two sections: Non -Salary Compensation Executive Salary Schedule II. DEFINITIONS Management employees are defined under the provisions of Carlsbad Municipal Code Section 2.4G.030 (7). With the exception of the position of Police•Captain, all positions.listed in 2.48.030 (7) shall be compensated according to the provisions of the ECP.. Compensation �Y for the position of Police Captain shall be determined according to the Memorandum. of Understanding signed September 21, 1978 with the Carlsbad Police Officers' Association. , A. MANAGEMENT GROUPS • Due to the fact that there is a mix of unclassified and clasbified positions in management, management personnel shall be divided into •three groups for the purpose of administering the ECP: GROUP A: CITY COUNCIL EMPLOYEES. The City Manager and City Attorney are hired by and responsible directly to the City Council. The salaries for these positions shall be set by the City Council. The non -salary compensation provisions of the ECP shall apply to these positions except as otherwise provided in this plan. _ Page 2 GROUP B: UNCLASSIFIED MANAGEMENT PERSONNEL. These are management personnel appointed by the City Manager, except in the case of the Assistant City Attorney who is appointed by the City Attorney, exempt from the provision of the Personnel Ordinance (Carlsbad Municipal Code 2.44) except as provided under Carlsbad Municipal Code 2.44.080. The personnel rules relating to attendance and leaves shall apply to the incumbents of all positions included in this Group as provided by Carlsbad Municipal Code 2.44.080, except as amended herein. GROUP C: CLASSIFIED MANAGEMENT.' PERSONNEL. These are management personnel appointed by the City Manager who are not exempt from the provisions of the Personnel Ordinance. B. MANAGEMENT LEVEL Management personnel shall be placed into an appropriate management level in order to establish the level of compensation. Management levels are defined as follows: Management Level I•- Department Head, Assistant City Manager, Assistant to the City Manager, Administrative Assistant and Assistant City Attorney. Management Level II - All other positions designated under Carlsbad Municipal Code 2.48.030 (7). Appendix A indicates the group and management level of all management employees. I11. EXECUTIVE COMPENSATION PLAN A. NON -SALARY COMPENSATION. Management personnel shall receive non - salary compensation as indicated under the Schedule of Benefits. B. EXECUTIVE SALARY SCIIEDULE. The City Council shall from time to time adopt a Salary Plan. The Salary Plan shall contain an Executive Salary Schedule which will establish a salary range for each manage- ment level position except City Manager and City Attorney. Page 3 The Executive Salary schedule shall be administered by the City Manager. The City Manager shall have authority to determine the point on the range authorized for each management employee, except in the case of the Assistant City Attorney, within the range estab- lished for the position at any time. Such adjustment shall be made at the sole discretion of the City Manager. The City Attorney shall have similar authority in determining the salary of the Assistant City Attorney. The City Council shall from time to time adopt a Salary Schedule for Council appointed employees. The City Council shall designate the point on the salary range at which it is appropriate to compensate each Council appointed employee. The Salary Schedule for Council appointed employees and the Executive Salary Schedule, as adopted from time to time shall become a part of this plan and shall be amended thereto. SCHEDULE OF BENEFITS 1. LIFE INSURANCE. All management personnel, including the City Manager and City Attorney shall receive City paid life insurance in an amount equal to their annual salary. in any case where amounts exceed increments of $1,000, the next higher amount of $1,000 shall be the limitation of the amount of individual insurance upon which the City shall make -premium payments. 2. RETIREMENT. All management personnel, including the City Manager and City Attorney shall participate in the Public Employees' Retirement System and Social Security System on the same basis as other employees of their respective departments. Management level employees in the Police and Fire Departments (safety members only) shall participate in the Public Employees' Retirement System on t•he same basis as other safety members within departments. 3. VACATION. All management personnel shall earn and accumulate K Page 4 vacation as stated below. Management employees with prior comparable professional service, as determined by the City Manager, shall be permitted to claim such prior service for the purpose of computing vacation. Management employees without prior experience in another agency shall earn vacation on a basis equal to that of other employees in their respective departments. All Management employees shall be permitted to accumulate up to and including forty (40) days of vacation. The City Manager shall be responsible .for the granting of vacation to all management personnel, except in the case of the Assistant City Attorney, where the City Attorney shall be responsible for granting vacation. The City Council shall determine -the amounts of vacation that the City Manager and City Attorney shall receive. 4. EXECUTIVE LEAVE. All management personnel, including the City Manager and City Attorney, shall be granted executive leave as provided in this plan except in those cases wherein the incumbents of management positions as a regular practice are compensated for time worked in excess or forty (40) hours per week. Management personnel authorized to receive executive leave, may at the discre- tion of the City Manager, be absent from work with pay for a total of six (6) days, if at Management Level I, and four (4) days if at management Level II, during any fiscal year. The appropriate amount of Executive Leave will be credited to each management level employee at the start of the fiscal year and all such leave must be used during that fiscal year and will not accumu- late from year to year. For management level employees hired after the start of the fiscal year, an appropriate amount of leave will be granted on a pro-rata basis. Page 5 5. SICK LEAVE. All management personnel shall be granted sick leave on a basis equal to that of other employees in their respective departments. 6. SEPARATION NOTICE. All unclassifed managment employees, Group B, Appendix A, involuntarily separated from the City service for conduct other than that which would constitute cause for involuntary separation of a permanent classified employee, shall receive either a forty-five (45) day notice of separation or ten (10) working days notice and thirty working days salary computed at the salary range of the employee at the time of receipt of notice. 7. HOLIDAYS. All management personnel including the City Manager and City Attorney shall enjoy paid holidays on the same basis as those granted to other employees of their respective departments and in accordance with existing provisions of personnel rules and regulations. 8. HEALTH AND MEDICAL INSURANCE. All management personnel including the City Manager and City Attorney shall be granted an amount of forty ($40) per month toward payment of premiums for health and medical insurance for themselves and their dependents. 9. INCOME PROTECTION INSURANCE. All management personnel including the City Manager and City Attorney shall be granted income protection insurance coverage equal to that provided other employees in their respective departments. APPENDIX A Management Compensation Position Group Level Determined by: Administrative Assistant B I ECP Assistant City Attorney B I ECP Assistant City Manager B I ECP Assistant to City Manager B I ECP Assistant to the Finance Director C II ECP Assistant to the Planning Director C II ECP City Attorney A I ECP City Engineering Director C I ECP City Librarian C I ECP City Manager A I ECP Department Admin. Asst. C II ECP Director of Building and Housing C I ECP Director of Planning B I 'ECP Finance Director C I ECP Fire Battalion Chief C II ECP Fire Chief B 'I ECP General Manager, Encina B I ECP License Supervisor C I ECP Parks and Recreation Director C I ECP Police Captain C II CPOA - MOU Police Chief C I ECP Principal Civil Engineer C II ECP Public Works Administrator C I ECP Redevelopment Coordinator B II ECP Senior Building Inspector C II ECP Street Superintendent C II ECP Utilities Maintenance Director B I ECP Water Superintendent C II ECP APPENDIX B CITY OF CARLSBAD EXECUTIVE SALARY SCHEDULE - BIWEEKLY MANAGEMENT LEVEL I Fiscal Year 1978-1979 Effective September 17, 1978 TITLE RANGE (Low -High) ADMINISTRATIVE ASSISTANT 566 - 730 ASSISTANT CITY ATTORNEY 577 - 808 ASSISTANT CITY MANAGER 779 - 1002 ASSISTANT TO THE CITY MANAGER 723 - 932 CITY ENGINEERING DIRECTOR 896 - 1145 CITY LIBRARIAN 719 - 926 DIRECTOR OF BUILDING AND HOUSING 756 = 973 DIRECTOR OF PLANNING. 896 - 1145 FINANCE DIRECTOR 774 - 997 FIRE CHIEF 832 - 1074 GENERAL MANAGER, Encina (J-YIPCF) 1056 - 1182 LICENSE SUPERVISOR 566 - 730 PARKS AND RECREATION DIRECTOR 700 - 904 POLICE CHIEF 874 - 1126 PUBLIC WORKS ADMINISTRATOR 941 - 1205 UTILITIES MAINTENANCE DIRECTOR 896 - 1145 APPENDIX B CITY OF CARLSBAD EXECUTIVE SALARY SCHEDULE - BIWEEKLY MANAGEMENT LEVEL I Fiscal Year 1978-1979 Effective December 24, 1978 TITLE RANGE (Low -High) ADMINISTRATIVE ASSISTANT 582 - 750 ASSISTANT CITY ATTORNEY 577 - 808 ASSISTANT CITY MANAGER 800 - 1030 ASSISTANT TO THE CITY MANAGER 743 - 958 CITY ENGINEERING DIRECTOR 920 - 1176 CITY LIBRARIAN 739 - 951 DIRECTOR OF BUILDING AND HOUSING 776 - 1000 DIRECTOR•OF PLANNING 920 - 1176 FINANCE DIRECTOR 795 - 1024 FIRE CHIEF 855 - 1103 GENERAL MANAGER, Encina (JWPCF) 1085 - 1215 LICENSE SUPERVISOR 582 - 750 PARKS AND RECREATION DIRECTOR 719 - 929 POLICE CHIEF 898 - 1157 PUBLIC WORKS ADMINISTRATOR 967 - 1238 UTILITIES MAINTENANCE DIRECTOR 920 - 1176 A, APPENDIX B CITY OF CARLSBAD EXECUTIVE SALARY SCHEDULE - BITIEEKLY MANAGEMENT LEVEL II Fiscal Year 1978-1979 Effective September 17, 1978 TITLE RANGE (Low -High) ASSISTANT TO THE FINANCE DIRECTOR 633 - 769 ASSISTANT TO THE PLANNING DIRECTOR 769 - 935 DEPARTMENTAL ADMINISTRATIVE ASSISTANT 525 - 621 FIRE BATTALION CHIEF 772 - 939 PARKS SUPERINTENDENT 576 - 689 PRINCIPAL CIVIL ENGINEER 822 - 988 RECREATION -SUPERINTENDENT 602 - 720 REDEVELOPMENT COORDINATOR 751 - 912 SENIOR BUILDING INSPECTOR 640 - 803 STREET SUPERINTENDENT 603 - 732 'RATER SUPERINTENDENT 633 - 769 APPENDIX B CITY OF CARLSBAD EXECUTIVE SALARY SCHEDULE - BIWEEKLY MANAGEMENT LEVEL II Fiscal Year 1978-1979 Effective December 24, 1978 TITLE RANGE (Low -High) ASSISTANT TO THE FINANCE DIRECTOR 650 - 790 ASSISTANT TO THE PLANNING DIRECTOR 790 - 951 DEPARTMENTAL ADMINISTR_ATIVE.ASSISTANT 540 - '644 FIRE BATTALION CHIEF 793 - 965 PARKS SUPERINTENDENT 591 - 708 PRINCIPAL CIVIL ENGINEER 845 - 1015 RECREATION SUPERINTENDENT 618 - 740 REDEVELOPMENT COORDINATOR 772 - 937 SENIOR BUILDING INSPECTOR 658 - 825 STREET SUPERINTENDENT 619 - 752 WATER SUPERINTENDENT 650 - 790 a APPENDIX C ' CITY OF CARLSBAD SALARY SCHEDULE FOR CITY COUNCIL APPOINTED OFFICIALS YEARLY SALARY SCHEDULE Fiscal Year 1978779 City Attorney - $36,000 City Manager $37,500 ! 2 3 4 5 6 7 8 9 10 11! 0 12 a ! 13 o u. 14 zZ x5 W tl 4J LL • W V �zWZo 16 m >Q a 17 U 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER OF $8,000.00 FROM THE GENERAL FUND TO BUDGET ACCOUNT NUMBER 01-105 FOR THE PURPOSE OF HIRING AN ASSISTANT CITY ATTORNEY. WHEREAS, the City Council. desires to appoint an Assistant City Attorney; and WHEREAS, such an appointment would require supplemented funds for Budget Account Number 01-105-1110 (Regular Salaries); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby authorizes and directs the City Manager to transfer the sum of $8,000.00 from the General Fund to -Budget Account Number 01-105 for the purpose of -hiring - an individual to fill the position of Assistant City Attorney. 3. That Department of Finance Fund Transfer No. 6 on file in said department and incorporated by reference herein is approved. 0 1 2 4 5 6 7 8 9 10 11 0 12 13 g a 14 z°uZi`c pr �0 mrV �-j 1� Y. W W ° 16 O ^ m '> a � 17 18 19. 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, at a regular meeting held on the 7th day of November , 1978, by the following vote, to wit: AXES: Councilmen Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: Councilman Pic ONALD C. PACKARD, Mayor ATTEST: Z.- ALETHA L. RAUTENKRANZ, City Cle (SEAL) -2- 1 2 3 4 5 • 81 7 8 9 10 11 12 13 8 $'� 14 �s 15 o 16 >� 17 18 19', 20 21 22 23' 24', 25 26 27 28 ORDINANCE NO. 1211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 2.44.030 TO ADD THE POSITION OF ASSISTANT CITY ATTORNEY TO THE UNCLASSIFIED SERVICE. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 2, Chapter 2.44 of the Carlsbad Mimidipal- Code is amended by the amendment of Section 2.44.030 to read as follows: "2.44.030 City service. The provisions of this chapter shall apply to all offices, positions and employments in the service of the City, except: (1) Elective officers; (2) Members of appointive boards, commissions and committees; (3) Persons engaged under contract to supply expert, professional or technical services for a definite period of time; (4) Volunteer personnel who receive no regular compensation from the City; (5) City Manager; (6)' Assistant City Manager; (7) Assistant to the City Manager; (8) Administrative Assistants; (9) All department heads hired on or after November 1, 1975; (10) Redevelopment Coordinator; (11) City Attorney; (12) Assistant City Attorney; (13) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake which threatens life or property; (14) Employees, other than those listed elsewhere in this section, who are employed less than half time, which is dafined as employees who are expected to or do work less than one thousand forty hours in any one fiscal year. SECTION 2: That Title 2, Chapter 2.44 of the Carlsbad Municipal Code is amended by the amendment of Section 2.44.050 to add the following: "The City Attorney shall have appointing power for the Assistant City Attorney." EFFECTIVE DATE: This ordinanc shall be effective thirty r� Z days after its adoption, and the City Clerk shall cer*ify to the 2 adoption of this ordinance and cause it to be published at least 3 once in the Carlsbad Journal within fifteen days after its 4 adoption. 5 INTRODUCED AND FIRST READ at a meeting of the Carlsbad City 6 Council held on the 7th_ day of November , 1978 and 7 thereafter 8 PASSED AND ADOPTED at a meeting of said City Council held 9 on the 21st day of November , 1978, by the following vote, 10 to wit: 11 AYES: Councilmen Packard, Skotnicki, Anear, Lewis and 'Councilwoman Cac-?er 12 NOES': None CM 13 ABSENT: Noneno 9 o WIZZ 14 RONALD • C. PACKARD, Mayor" 2� <_ 15 LL`•' 0 ATTEST: W§o 16 Uo m >� Q 17 u 18 AI,ETHA L. RAUTENKRANZ, city erk 19 (SEAL) 2Q- 27. 22 '23 24 25 26 27 28 2.