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Home My WebLink About1996-11-19; City Council; Resolution 96-3951 2 3 4 5 6 7 8 9 10 11 12 slug 2~; 13 uu$j qo8 2:2$ KtSK 2;s: uuzo E%$ om dLLU 14 OoB 15 zwm ozJ? 16 Q0-I pz 17 GO 1 8 l9 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 9 6 - 3 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE LETTER OF UNDERSTANDING FOR THE CITY ATTORNEY. WHEREAS, the City Council desires to continue the services of Rc Ball as City Attorney, and WHEREAS, those functions, duties, obligations, benefits and compc are accurately set forth in the Letter of Understanding attached hereto as Exhibit “A’ NOW, THEREFORE, BE IT RESOLVED by the City Council of th6 Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the City Attorney’s Letter of Understanding set forth as Ex is approved. 3. That funds sufficient to pay for the adjustments in compensa transferred from the Council’s general fund contingency account and the F Management Director is authorized to make such changes. //I/ 1111 //I/ //I/ 1111 Ill/ MI 1111 1 2 3 4 5 6 7 8 9 10 11 12 Dm 13 Yr rink a08 Ow% iUU so<< 14 >5z KCSK svn? 15 a>S? ZWOO nrrq, Egg >22 17 60 SW? oZJ - 16 0 <OJ 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting Carlsbad City Council held Onlghday of NOVEMBER 1996 by the following votc AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, E NOES: None ABSENT: None AlTEST: 2 e e LETTER OF UNDERSTANDING This Letter of Understanding is made and entered into this 2ist day of NOVEMBER , 1996, by and between the City of Carlsbad, a municipal corporation of the State of California (fgCity"), and Ronald R. Ball (sometimes hereinafter referred to as ffEmployeelg), both of whom understand as follows: RECITALS WHEREAS, Chapter 2.14 of the Carlsbad Municipal Code provides for the Office 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 to provide a supplement to those functions and duties set forth in Chapter 2.14 of the Carlsbad Municipal Code and such other benefits as set forth in the Management Compensation and Benefits Plan Council Policy No. 36 or its successor policy, and to provide that the City Attorney remain in such employment; to make possible full work productivity by assuring his morale and peace of mind with respect to future security; to act as a deterrent against malfeasance or dishonesty for personal gain on his part; and to provide for 0 e terminating his services at such time as he may be unable to fully discharge 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 to exercise the powers, duties and responsibilities set forth in Carlsbad Municipal Code Chapter 2.14 and applicable state law and such other applicable ordinances and resolutions now in effect or hereafter adopted by the City Council. SECTION 11 TEW Ronald R. Ball was appointed City Attorney on July 9, 1992 and shall continue in that capacity and shall continue to fulfill the powers, functions and duties of City Attorney and shall serve in that capacity until such time as this Letter of Understanding is terminated pursuant to Section I11 below, The term of this Letter of Understanding shall commence on the date approved by the City Council for an initial two year period and on January 1 of each year shall automatically be extended for an additional two year period unless terminated pursuant to Section I11 below. The purpose of this paragraph is to ensure compliance with Government Code section 53260, 2 0 0 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 and duties. SECTION I11 SEPARATION FROM EMPLOYMEW In the event the City Council desires to terminate this Letter of Understanding during which time Employee is ready, willing and able to perform the functions and duties set forth herein, then, in that event, City Council agrees to pay Employee, in addition to any other amount that may be due at the time of termination of this Letter of Understanding, a lump sum cash payment equal to one month of pay at the rate in effect at the time of termination for each year of employment with the City up to a maximum of 12 months. However, in the event Employee is separated from employment because of his conviction of any illegal act involving personal gain or moral turpitude, or is not 3 0 e licensed to practice law in the State of California then, in that event, the City Council shall have no obligation to make the above specified payment. In the event Employee desires to separate from employment, this Letter of Understanding during such time as the City Council desires Employee to continue an his capacity as City Attorney, then, in that event, Employee agrees to provide Council with 60 days written notice of said separation. SECTION IV SALARX The base compensation of the City Attorney shall be adjusted by the addition of two percent to the current bi-weekly compensation of $4,099.40. This adjustment brings the bi-weekly compensation for the City Attorney to $4,182 effective January 1, 1996. The City Attorney's compensation shall be further adjusted three percent annually effective January 1, 1997 and three percent annually effective January 1, 1998. The City Attorney shall also receive a one-time lump sum merit bonus equal to two percent of his annual salary in recognition of continued outstanding contributions to the city, upon execution of this Letter of Understanding. After January 1, 1998 compensation of the City Attorney may be adjusted from time to time during the term of this Letter of Understanding by resolution of the City Council. SECTION V OTHER DUTIES The City Attorney shall also serve as the General Counsel of the Carlsbad Municipal Water District and 4 e e General Counsel to the Housing & 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 with the City. The City shall reimburse the City Attorney the monthly sum of $325 for the expense of owning, operating and 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 conditions commercially available. In this case, the City shall be responsible for all lease payments, maintenance and operational costs except that Employee shall be responsible for maintenance costs when out of town on overnight or longer non-City purposes. Employee shall keep and maintain in full force and effect personal liability and property 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 and sick leave as provided for under existing City policy. 5 0 e 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 are not limited to vacation, sick leave, educational benefits, holidays, retirement (PERS) f benefits and payments, health insurance, dental insurance, long-term disability insurance, life insurance, and the City Attorney's annual bar dues. SECTION VI11 ANNU AL REVIEW The City Council shall review and evaluate the performance of the City Attorney in January of each year. This review and evaluation shall be in accordance with the criteria developed jointly by the City Council and the City Attorney. The Mayor shall provide the City Attorney with a summary written statement of the Findings of the City Council and provide an adequate opportunity for the City Attorney to discuss his evaluation with the City Council. SECTION IX PROFESSIONAL DEVELOPMENT All normal business expenses, such as attendance at the League of California Cities, the League of California Cities City Attorney Department meetings, IMLA, San Diego City Attorneys' Association meetings and conferences as well as business lunches, dinners, etc., will be provided for separately in the operating budget of the City Attorney's office. The City Council will continue to budget sufficient funds to maintain the City Attorney's office as a high- quality law office including sufficient funds to do state of 6 e the art legal 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 upon 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 Attorney have caused this Letter of Understanding to be executed on the day and year first written above. DATED: November 21, 1996 CITY OF CARLSBAD, By: DATED: November 21, 1996 - QP-. RONALD R. BALL City Attorney 7