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HomeMy WebLinkAbout1996-11-19; City Council; 13914; APPROVAL OF LETTER OF UNDERSTANDING WITH THE CITY ATTORNEY9. a 0 3Y CITY OF CARLSBAD -AGENDA BILL ~~~ AB# 14, $1 7 DEPT. HD TITLE APPROVAL OF LETTER OF UNDERSTANDNG WITH MTG. I/- 19 -7h DEPT. MAYOR CITY MGf THE CITY ATTORNEY CIN ATT RECOMMENDED ACTION: Adopt Resolution No.?,$ -375 approving the Letter of Understanding with the City ITEM EXPLANATION: The City Council is establishing a Letter of Understanding for the City Attorney. 7 Understanding would review and update that action and provide a supplement to the City Attorney set forth in the Municipal Code. The Letter of Understanding s employment relationship between the City Council and the City Attorney and es compensation through January 1 l 1998, after which time it may be adjusted by res( City Council. The Letter of Understanding also establishes the compensation the Carlsbad Municipal Water District. It also provides for a vehicle or a vehicle i also provides for annual reviews. It reconfirms the Council's continued 1 encouragement of continuing development and professionalism of the City organiz employees. The City Council agrees to continue budget appropriations to the Ci office sufficient to enable it to continue to provide top quality legal services to the C Attorney as the General Counsel of the Redevelopment Commission and Genera I FISCAL IMPACT: ,_ . ,,. , . . ., -. The City Attorney's compensation adjusted two percent (2%) effective January 1, percent (3%) on January 1 l 1997 and three percent (3%) on January 1, 1998. A o sum cash payment of two percent (2%) is also provided. Compensation as Genen the Redevelopment Commission is increased from $100 to $300 per month and c for General Counsel of the Carlsbad Municipal Water District is established at $30 There are sufficient funds in the Council's contingency fund to pay for these adjust EXHIBITS: There is an increase in the auto allowance from the existing $225 per month to $32 I I 1. Resolution No. 96 -395, (Exhibit "A" attached to Resolution). c 0 .- 2 8 + - " 0 c 3 .- s4 J Dm $E& a08 ow9 $044 cd= $.;E $;$z “KSO 003 5sr >y$ t ov ;?? ?ILL0 zwoo OZJ - 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 I 0 0 RESOLUTION NO. 9 6 - 395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE LElTER OF UNDERSTANDING FOR THE CITY ATTORNEY. WHEREAS, the City Council desires to continue the services of Ball as City Attorney, and WHEREAS, those functions, duties, obligations, benefits and co~ are accurately set forth in the Letter of Understanding attached hereto as Exhibit NOW, THEREFORE, BE IT RESOLVED by the City Council of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Attorney’s Letter of Understanding set forth a! is approved. 3. That funds sufficient to pay for the adjustments in compc transferred from the Council’s general fund contingency account and th Management Director is authorized to make such changes. /Ill I/// /ill /ill /ill /Ill 1/11 ~ MI * ,I '1 4 1 2 3 4 5 6 7 a 9 10 11 12 00, SUE $;% o> &zcb a08 2055 crksg :>$z "nu. zuv) oz-lo au$n 003 Lam >2$ 60 >JZ a0-l 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED AND ADOPTED at a Regular Meeti Carlsbad City Council held onlxhday of NOVEMBER 1996 by the following I AYES: Council Members Lewis, Nygaard, Kulchin, Finnila NOES: None ABSENT: None A'ITEST: ~ETHAUWT~Z, city Clerk KAREN R. KUNDTZ, hdsistant City Clerk ~ 2 1 I e 0 1 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 (I1Cityg1) , and Ronald R. Ball (sometimes hereinafter referred to as llEmployeell), both of whom understand as follows: RECITALS WHEREAS, Chapter 2 a 14 of the Carlsbad Municipal Code provides for the Off ice 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 WHEREAS, the Council desires to continue the employment of Ronald R. Ball as City Attorney, and WHEREAS, it is the desire of the parties hereto tc provide a supplement to those functions and duties set forth in Chapter 2.14 of the Carlsbad Municipal Code and sucl other benefits as set forth in the Management Compensatior and Benefits Plan Council Policy No. 36 or its successol policy, and to provide that the City Attorney remain in sucl employment; to make possible full work productivity b] assuring his morale and peace of mind with respect to futurc security; to act as a deterrent against malfeasance 01 dishonesty for personal gain on his part; and to provide fol I e 0 3 terminating his services at such time as he may be unable to fully discharye 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 tc exercise the powers, duties and responsibilities set fort1 in Carlsbad Municipal Code Chapter 2.14 and applicable stat( law and such other applicable ordinances and resolutions no1 in effect or hereafter adopted by the City Council. SECTION I1 YEW Ronald R. Ball was appointed City Attorney on Jul 9, 1992 and shall continue in that capacity and shal. continue to fulfill the powers, functions and duties of Cit: Attorney and shall serve in that capacity until such time a: this Letter of Understanding is terminated pursuant t' Section I11 below. The term of this Letter of Understanding shal commence on the date approved by the City Council for a initial two year period and on January 1 of each year shal automatically be extended for an additional two year perio unless terminated pursuant to Section I11 below. Th purpose of this paragraph is to ensure compliance wit Government Code section 53260. 2 7 '4 0 a I 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 I11 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 ani duties. SECTION 111 SEPARATION FROM EMPLOYMENT In the event the City Council desires to terminatt this Letter of Understanding during which time Employee i! ready, willing and able to perform the functions and dutie: set forth herein, then, in that event, City Council agree: to pay Employee, in addition to any other amount that may bc due at the time of termination of this Letter o Understanding, a lump sum cash payment equal to one month o pay at the rate in effect at the time of termination fo each year of employment with the City up to a maximum of 1 months. However, in the event Employee is separated fro employment because of his conviction of any illegal ac involving personal gain or moral turpitude, or is no 3 *_ e a t licensed to practice law in the State of California then, ir that event, the City Council shall have no obligation tc make the above specified payment. In the event Employee desires to separate fro] employment, this Letter of Understanding during such time a: the City Council desires Employee to continue in hi! capacity as City Attorney, then, in that event, Employec agrees to provide Councii with 60 days written notice 0: said separation. SECTION IV SALARY The base compensation of the City Attorney shal: be adjusted by the addition of two percent to the curreni bi-weekly compensation of $4,099.40. This adjustment bringz the bi-weekly compensation for the City Attorney to $4,18; effective January 1, 1996. The City Attorney's compensatiol shall be further adjusted three percent annually effectivc January 1, 1997 and three percent annually effective Januar] 1, 1998. The City Attorney shall also receive a one-timc lump sum merit bonus equal to two percent of his annua: salary in recognition of continued outstanding contribution& to the City, upon execution of this Letter of Understanding, After January 1, 1998 compensation of the City Attorney ma] be adjusted from time to time during the term of this Lette~ of Understanding by resolution of the City Council. SECTION V OTHER DUTIES The City Attorney shall also serve as the Genera: Counsel of the Carlsbad Municipal Water District an( 4 0 General Counsel to the Housing 61 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 witk the City. The City shall reimburse the City Attorney thc monthly sum of $325 for the expense of owning, operating anc 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 conditionf commercially available. In this case, the City shall bc responsible for all lease payments, maintenance and operational costs except that Employee shall be responsible for maintenance costs when out of town on overnight 01 longer non-City purposes. Employee shall keep and maintair in full force and effect personal liability and propert] 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 VI1 OTHER SUPPLEMENTAL BENEFITS The City Attorney shall accrue vacation leave anc sick leave as provided for under existing City policy. 5 -. 0 6 I. 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 arc not limited to vacation, sick leave, educational benefits, holidays, retirement (PERS), benefits and payments, healtk insurance, dental insurance, long-term disability insurance, life insurance, and the City Attorney's annual bar dues. SECTION VI11 ANNUAL REVIEW The City Council shall review and evaluate thc performance of the City Attorney in January of each year< This review and evaluation shall be in accordance with thc criteria developed jointly by the City Council and the Cit! Attorney. The Mayor shall provide the City Attorney with i summary written statement of the Findings of the Cit! Council and provide an adequate opportunity for the Cit] Attorney to discuss his evaluation with the City Council. SECTION IX PROFESSIONAL DEVELOPMENT All normal business expenses, such as attendancc at the League of California Cities, the League of Californil Cities City Attorney Department meetings, IMLA, San Dieg, City Attorneys' Association meetings and conferences as we1 as business lunches, dinners, etc., will be provided fo separately in the operating budget of the City Attorney' office. The City Council will continue to budget sufficien funds to maintain the City Attorney's office as a high quality law office including sufficient funds to do state o 6 *. 0 6 the art leqal 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 upor written notice to the other: CITY: MAYOR City of Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, California 92008 CITY ATTORNEY: RONALD R. BALL 3581 Celinda Drive Carlsbad, California 92008 IN WITNESS WHEREOF, the City and the City Attornel have caused this Letter of Understanding to be executed 01 the day and year first written above. DATED : November 21, 1996 CITY OF CARLSBAD, By: DATED: November 21, 1996 - QF-* RONALD R. BALL City Attorney 7