HomeMy WebLinkAbout1999-08-10; City Council; 15343; Letter Of Understanding For City Attorney. . - 0 3
CITY OF CARLSBAD - AGEMA BILL 357&T-
AB# 15. 343 TITLE- -. DEPT. HD.
MTG. 8-10 -77 APPROVAL OF AMENDMENT NO. 01 TO LETTER OF
UNDERSTANDING DATED NOVEMBER 21,1996 WITH THE
DEPT. MAYOR CITY ATTORNEY
RECOMMENDED ACTION:
Adopt Resolution No. 99-27 9 approving Amendment No. 01 to Letter of Understanding
with the City Attorney.
ITEM EXPLANATION:
The compensation provisions of the Letter of Understanding of the City Attorney were last
adjusted effective January 1, 1998. This Amendment No. 01 to the Letter of Understanding
would adjust the compensation of the City Attorney by four percent (4%) effective January 1,
1999 and provide for contribution to his deferred compensation plan. The Letter of
Understanding sets forth the employment relationship between the City Council and the City
Attorney and supplements his duties at set forth in Chapter 2.14 of the Carlsbad Municipal
Code. It provides for annual reviews, annual goal setting defining such goals and
performance objectives for the necessary and proper operation of the City and the attainment
of the City Council’s policy objectives. The Council agrees to continue to budget
appropriations to the City Attorney’s office sufficient to enable it to continue to provide top
quality legal services to the City.
FISCAL IMPACT:
The cost of the proposed amendments to the City Attorney’s compensation will be
approximately $22,000 per year, plus an additional $12,000 in one time costs related to
commencing the contract on January 1, 1999. A total of $34,000 will be appropriated from
the general fund balance to the City Attorney’s budget to support these costs. The additional
cost of the in-home care provision in the proposed amendment to the letter of understanding
is difficult to determine at this time. The City is considering a change in insurance providers
and a modification to the benefits package. If these changes involve a reduction in the
insured’s level of in-home care, the City may be obligated to cover all or a portion of these
costs directly from the general fund. A future appropriation of funds may be necessary if
such an expenditure is necessary.
EXHIBITS:
1. Resolution NO. ?‘i -239
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RESOLUTION NO. 99-279
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE AGREEMENT
LETTER OF UNDERSTANDING BETWEEN THE CITY
COUNCIL AND THE CITY ATTORNEY
WHEREAS, the City Council determines it is necessary and appropriate to
amend its contract with the City Attorney by amending Sections IV Salary, VI Vehicle
Allowance or Provision of Vehicle, VII Other Supplemental Benefits, VIII Annual Review
and XII Notices,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitation is true and correct.
2. That the letter of understanding between the City Council and City
4ttorney dated November 21,1996 is amended as forth in “Amendment No. 01 to
Agreement Letter of Understanding” attached to this resolution.
3. That the amount of $34,000 is hereby appropriated from the general
‘und balance to the City Attorney’s budget to support the costs of the amendment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 10 day Of Auqust ,
1999 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
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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.
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6 Ball, the City Attorney (hereinafter ‘City Attorney”).
7 RECITALS
a WHEREAS, the initial agreement, dated November 21, 1996 identified
9 with particularity the employment agreement between Council and City Attorney; and
10 WHEREAS, the parties to this aforementioned agreement desire to alter
I1 Sections IV SALARY, VI VEHICLE ALLOWANCE OR PROVISION OF VEHICLE, VII
12 OTHER SUPPLEMENTAL BENEFITS, VIII ANNUAL REVIEW, and XII NOTICES; and
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14 WHEREAS, those sections are amended to read as shown on Exhibit “A”
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to this amendment,
16 NOW, THEREFORE, in consideration of these recitals and the mutual
17 covenants contained herein, Council and City Attorney hereby agree as follows:
18 1. That the Letter of Memorandum dated November 21, 1996 approved
19 by City Council Resolution No. 96-395 is amended as shown on Exhibit “A”.
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2. Except for this amendment, all other terms and conditions of said 1
2 Letter of Understanding remain unchanged and in full force and effect.
3 DATED: 8//13/V? CITY OF CARLSBAD,
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6 By:
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a DATED: 8 - Is- v?. il dd2.b 9 RONALD R. BALL, City Attorney
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EXHIBIT “A” 1
2 TO AMENDMENT NO. 01 TO
3 AGREEMENT LElTER OF UNDERSTANDING
4 BETWEEN THE CITY COUNCIL AND THE CITY ATTORNEY 5
6 SECTION IV SALARY
7 The base compensation of the City Attorney shall be adjusted by the
a addition of four percent (4%) to the current bi-weekly compensation of $4,436. This
9 adjustment brings the bi-weekly compensation for the City Attorney to $4,614. effective
10 January I, 1999. After January 1, 1999 compensation of the City Attorney may be
11 adjusted from time to time during the term of this Letter of Understanding by resolution
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13 of the City Council.
14 SECTION VI VEHICLE ALLOWANCE OR PROVISION OF VEHICLE
15 The City Attorney’s functions and duties require him to have use of an
16 automobile during his employment with the City. The City shall reimburse the City
17 Attorney the monthly sum of $350 for the expense of owning, operating, maintaining,
ia and insuring his personal automobile effective January 1, 1999.
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In lieu of a vehicle allowance, the City Attorney may cause the City to 20
21 lease on behalf of Employee a standard size vehicle on general terms and conditions
22 commercially available. In this case, the City shall be responsible for all lease
23 payments, insurance, if applicable, maintenance and operational costs except that
24 Employee shall be responsible for maintenance when out of town for overnight or
25 longer non-City purposes. If Employee uses the vehicle for non-City purposes during
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the term of this agreement, Employee shall reimburse the City for the cost of related
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2 insurance coverage in the amount of $350 annually, payable on January 2 each year.
3 SECTION VII OTHER SUPPLEMENTAL BENEFITS
4 The City Attorney shall accrue vacation leave and sick leave as provided
5 for under existing City policy.
6 All other actions taken by the City Council relating to fringe benefits for
7 management employees shall be considered actions granting the same to the City
8 Attorney. As used herein, fringe benefits include but are not limited to vacation, sick
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10 leave, educational benefits as they existed on the date of the approval of this contract,
11 holidays, retirement (PERS), benefits and payments, health insurance, dental
12 insurance, long-term disability insurance, and life insurance.
13 The City shall contribute to the City Attorney’s Deferred Compensation
14 account the maximum amount permitted by law (currently $8,000) and, if so requested
15 by the City Attorney, the amounts permitted under the so-called “catch-up provisions”
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/I as authorized under the Internal Revenue Code section 457 provisions.
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18 Notwithstanding any annual or lifetime cap or otherwise, in-home medical
1g benefits shall not be reduced below those existing on June 1, 1999 except where
20 deemed medically necessary and appropriate by Employee’s doctor or upon written
21 request by Employee.
22 SECTION VIII ANNUAL REVIEW
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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
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26 criteria developed jointly by the City Council and the City Attorney. The Mayor shall
27 provide the City Attorney with a summary written statement of the Findings of the City
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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
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