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HomeMy WebLinkAbout2002-05-21; City Council; 16760; Amend Letter Of Understanding With City AttorneyCITY OF CARLSBAD - AGENDA BILL &< J ~TG. 5/21/02 IEPT. CITY ATTY =* OF UNDERSTANDING DATED NOVEMBER 21, - m # 16.760 CITY MGR.~ DEPT. HDYW TITLE: APPROVAL OF AME~MENT No. 4 TO LETTER HR 1996, WITH THE CITY ATTORNEY lECOMMENDED ACTION: Adopt Resolution No. 2002-148 approving Amendment No. 4 to Letter of Understanding with the City Attorney. ITEM EXPLANATION: In August 2000, the City Council adopted Resolution No. 2000-261 which transferred the health coverage for management employees to the CalPERS Health Program effective January 1,2001. This action affected all management employees and all elected oficials (City Council members, City Treasurer and City Clerk) who are participating in the CalPERS retirement system. The attached amendment No. 4 will extend the same health coverage options to the City Attorney as those provided to other management employees of the City of Carlsbad. This coverage will take effect on June 1,2002. FISCAL IMPACT: This action will have no fiscal impact. ENVIRONMENTAL REVIEW: This amendment is statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(l). EXHIBIT: 1. Resolution No. 2002-148 ~ I ! 1( 1' 1: 1: ld 15 1E 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-148 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 the 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, and Amendment No. 3 on March 13,2001, is hrther amended by Amendment No. 4 attached to this resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council *. .I .. of the City of Carlsbad held on the 2 1 st day of MAY ,2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, NOES: None ABSENT: None 4TTEST: IANICE BREITENFELD, Deputy City Clerk (SEAL) d AMENDMENT NO. 4 TO AGREEMENT LETTER OF UNDERSTANDING This Amendment is entered into and effective as of the 23 Lp day of MfiY ,2002, 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 health insurance; 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, and Resolution No. 2001-83 dated March 13,2001, is further amended as shown on Exhibit “A”. 2. Except for this amendment, all other terms and conditions of said Letter of Understanding remain unchanged and in full force and effect. DATED: s/&/&? By: DATED: <&/02. L3L.a.E.L RONALD R. BALL, Citv Attorney EXHIBIT “A” TO AGREEMENT LETTER OF UNDERSTANDING BETWEEN THE CITY COUNCIL AND THE CITY ATTORNEY SECTION VI1 - 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 Compensation Plan and elsewhere. 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 3 1,2001, upon 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 1, 1999 except where deemed medically necessary and appropriate by Employee’s doctor or upon written request by Employee. 5