Loading...
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 $34,000 will be appropriated from the general fund balance to the City Attorney’s budget to support these costs. The additional cost of the in-home care provision in the proposed amendment to the letter of understanding is difficult to determine at this time. The City is considering a change in insurance providers and a modification to the benefits package. If these changes involve a reduction in the insured’s level of in-home care, the City may be obligated to cover all or a portion of these costs directly from the general fund. A future appropriation of funds may be necessary if such an expenditure is necessary. EXHIBITS: 1. Resolution NO. ?‘i -239 1 2 3 4 5 6 7 8 9 10 11 12 9 g mum yr7 58 H 13 Olll$ zlu, $03": 14 c AZ tis5g 9 ,i$" 15 <>a$ gyrob 16 aaa0 052 E a22 L-3 l7 c 18 19 20 21 22 23 24 25 26 27 28 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 1 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. 5 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 13 14 WHEREAS, those sections are amended to read as shown on Exhibit “A” 15 I/ 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”. 20 /Ii 21 Ill 24 II Ill 26 27 28 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, 4 5 6 By: 7 a DATED: 8 - Is- v?. il dd2.b 9 RONALD R. BALL, City Attorney .O 1 2 3 4 5 6 7 3 a 1 1. 1; 1: l< I! I( 1’ 14 l! 2( 23 2: 2: 24 2E 26 27 28 Ii 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 12 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. 19 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 26 27 28 c the term of this agreement, Employee shall reimburse the City for the cost of related 1 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 9 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” 16 /I as authorized under the Internal Revenue Code section 457 provisions. 17 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 23 24 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 25 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 28 4 L 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 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 5