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Home My WebLink About2001-03-13; City Council; 16113; Letter Of Understanding With The City AttorneyCITY OF CARLSBAD -AGENDA BILL AB# /C; I /3 TITLE: +/J -O/ APPROVAL OF AMENDMENT NO. 3 TO LETTER OF MTG. UNDERSTANDING DATED NOVEMBER 21,1996, WITH THE CITY AlTORNEY DEPT. MAYOR DEPT. HD. CITY All-Y. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. $oQl- 8 3 , approving Amendment No. 3 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, 1999. This Amendment No. 3 to the Letter of Understanding would adjust the compensation of the City Attorney by 7.5% effective January 1, 2000 and 7.5% effective January 1, 2001 and replace those provisions of the City’s contribution to his deferred compensation plan which expire December 31,200l with other compensation. This amendment to the City Attorney’s Letter of Understanding also provides for future compensation adjustments of 6% effective January 1, 2002 and 6% effective January 1, 2003 or such other additional compensation adjustments as established by resolution of the City Council. The Letter of Understanding sets forth the employment relationship between the City Council and the City Attorney and supplements his duties as set forth in Chapter 2.14 of the Carisbad Municipal Code. It provides for annual reviews, annual goal setting defining such goals and performance objectives as may be necessary for the efficient and proper operation of the City and the attainment of the City Council’s policies and 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 $9,900 in calendar year 2000; $10,600 in calendar year 2001; $9,200 in calendar year 2002; and $9,700 in calendar year 2003. The Finance Director is directed to appropriate the necessary funds from the General Fund balance to the City Attorney’s budget to support these costs. ENVIRONMENTAL REVIEW: This amendment is statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(l). EXHIBITS: 1. Resolution No. *‘--83 1 2 3 4 5 6 7 8 9 10 11 12 9 I mwo, yr7 ccm" 13 UO8 owg ilLc3 SOS5 14 c+$ 9 '(3 15 Pisg gzdd 044 16 E m ug p-j l7 u 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-83 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 Letter of Understanding with the City Attorney, 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 Attorney dated November 21,1996 and as previously amended by Amendment No. 1 on August 10,1999, and Amendment No. 2 on October 17.2000, is further amended by Amendment No. 03 attached to this resolution. 3. That the Finance Directed is directed to transfer the necessary funds from the General Fund balance to the City Attorney’s budget to support the costs of this amendment. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 13th day of March ,200l by the Following vote, to wit: AYES: Council Members Lewis, Finnila, and Hall. NOES: None ABSENT: Council Members AMENDMENT NO. 03 TO AGREEMENT LETTER OF UNDERSTANDING This Amendment is entered into and effective as of the 19th day of March I 2001, amending the Letter of Understanding dated November 21, 1996 by and between the City Council of the City of Carlsbad, (hereinafter “Council”) and Ronald R. Ball, City Attorney (hereinafter “City Attorney”) as follows: RECITALS WHEREAS, the initial agreement, dated November 21, 1996 identified with particularity the employment agreement between Council and City Attorney; and WHEREAS, the parties to this aforementioned agreement desire to amend its provisions pertaining to compensation and professional development; and WHEREAS, those sections are amended to read as shown on Exhibit “A to this amendment, NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City Council and the City Attorney agree as follows: 1. That the Letter of Understanding dated November 21, 1996 approved by City Council Resolution No. 96-395 and as amended by Resolution No. 99-279 dated August 10, 1999 and Resolution No. 2000-319 dated October 17,2000, is further amended as shown on Exhibit “A”. /Ii ill Ill Ill Ill 2. Except for this amendment, all other terms and conditions of said Letter of Understanding remain unchanged and in full force and effect. DATED: 3/16/01 DATED: 34% - (;lp OF CARLSBAD, By: 2 EXHIBIT “A” TO AGREEMENT LE7TER OF UNDERSTANDING BETWEEN THE CITY COUNCIL AND THE CITY ATTORNEY SECTION IV SALARY The base compensation of the City Attorney shall be adjusted by the addition of seven and one half percent (7.5%) to the current bi-weekly compensation of $4,614. This adjustment brings the bi-weekly compensation for the City Attorney to $4,960 effective January 1, 2000 and by seven and one half percent (7.5%) effective January 1, 2001 for a bi-weekly compensation of $5,332. These compensation figures shall be further adjusted by six percent (6%) effective January 1, 2002 and by six percent (6%) effective January I, 2003 or by such other additional amounts as determined by a resolution of the City Council. SECTION VII OTHER SUPPLEMENTAL BENEFITS The City Attorney shall accrue vacation and sick leave as provided for under existing City policy. 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, except that the City Attorney may decline any fringe benefits to the extent permitted or authorized by law, City policy, or this agreement. As used herein, fringe benefits include but are not limited to vacation, sick leave, educational benefits as they existed on the date of the approval of this Letter of Understanding, holidays, retirement (PERS) benefits and payments, health insurance, dental insurance, long-term disability insurance, and life insurance, as set forth in the Performance Management and 3 Compensation Plan and elsewhere. The City Attorney may elect to participate in any of the medical insurance programs offered by the City. The City shall contribute to the City Attorney’s Deferred Compensation account the maximum amount permitted by law (currently $8,500) and, if so requested by the City Attorney, the amounts permitted under the so-called “catch-up provisions” as authorized under the Internal Revenue Code section 457 provisions. After December 31, 2001, upon the expiration of the “catch-up” provisions authorized under the Internal Revenue Code section 457(a), provisions, the City Attorney may elect to have that amount previously paid by the City paid to the deferred compensation plan under Internal Revenue Code section 401(a) or similar retirement vehicle, participate in the buy-back provisions of credit service under the PERS retirement system or as additional compensation as he may elect. Notwithstanding any annual or lifetime cap or otherwise, in-home medical benefits shall not be reduced below those existing on June I, 1999 except where deemed medically necessary and appropriate by Employee’s doctor or upon written request by Employee. 4