HomeMy WebLinkAbout1996-11-19; City Council; 13914; APPROVAL OF LETTER OF UNDERSTANDING WITH THE CITY ATTORNEY9. a 0 3Y CITY OF CARLSBAD -AGENDA BILL
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AB# 14, $1 7 DEPT. HD TITLE APPROVAL OF LETTER OF UNDERSTANDNG WITH
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DEPT. MAYOR CITY MGf
THE CITY ATTORNEY CIN ATT
RECOMMENDED ACTION:
Adopt Resolution No.?,$ -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:
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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
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1. Resolution No. 96 -395, (Exhibit "A" attached to Resolution).
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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.
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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
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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
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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.
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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
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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(
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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.
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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
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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
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