HomeMy WebLinkAbout1999-08-10; City Council; Resolution 99-2790 0
1
2
3
4
5
6
7
8
9
10
11
0 sug Yr- Err&
dE$% a08
$055 cdg rr->o f3 “QLL I Ki S&%q OZJO ““40 003 Lam >:4 60 40-1
12
13
14
15
16
17
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
amend its contract with the City Attorney by amending Sections IV Salary, VI Vehicle
Allowance or Provision of Vehicle, VI1 Other Supplemental Benefits, Vlll Annual Revic
and XI1 Notices,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
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 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
fund 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
ABSENT:NO,,
City Clerk sslstant City Clerk
0 0
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AMENDMENT NO. 01 TO AGREEMENT
LETTER OF UNDERSTANDING
This Amendment is entered into and effective as of the 10 th da
August , 1999, amending the agreement dated November 21 , 1996 by an
between the City Council of the City of Carlsbad (hereinafter “Council”) and Ronald
Ball, the City Attorney (hereinafter “City Attorney”).
RECITALS
WHEREAS, the initial agreement, dated November 21, 1996 identified
with particularity the employment agreement between Council and City Attorney; an
WHEREAS, the parties to this aforementioned agreement desire to alt
Sections IV SALARY, VI VEHICLE ALLOWANCE OR PROVISION OF VEHICLE, V
OTHER SUPPLEMENTAL BENEFITS, Vlll ANNUAL REVIEW, and XI1 NOTICES; E
WHEREAS, those sections are amended to read as shown on Exhibit
to this amendment,
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, Council and City Attorney hereby agree as follows:
I. That the Letter of Memorandum dated November 21, 1996 approve
by City Council Resolution No. 96-395 is amended as shown on Exhibit “A”.
Ill
Ill
I//
Ill
Ill
1
II
0 0
2. Except for this amendment, all other terms and conditions of said 1
2
3
Letter of Understanding remain unchanged and in full force and effect.
DATED: S/JI 3/7 9 CITY OF CARLSBAD,
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
1
1 1
By:
1
DATED: 8 - (2- 77. 0dq51
RONALD R. BALL, City Attorney
22
23
24
25
26
27
28 2
I1 0 a
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT “A”
TO AMENDMENT NO. 01 TO
AGREEMENT LETTER OF UNDERSTANDING
BEWEEN THE CITY COUNCIL AND THE CITY ATTORNEY
SECTION IV SALARY
The base compensation of the City Attorney shall be adjusted by
addition of four percent (4%) to the current bi-weekly compensation of $4,436.
adjustment brings the bi-weekly compensation for the City Attorney to $4,614. effer
January I, 1999. After January I, 1999 compensation of the City Attorney ma)
adjusted from time to time during the term of this Letter of Understanding by resoh,
of the City Council.
SECTION VI VEHICLE ALLOWANCE OR PROVISION OF VEHICLE
The City Attorney’s functions and duties require him to have use of
automobile during his employment with the City. The City shall reimburse the I
Attorney the monthly sum of $350 for the expense of owning, operating, maintain
and insuring his personal automobile effective January 1, 1999.
In lieu of a vehicle allowance, the City Attorney may cause the City
lease on behalf of Employee a standard size vehicle on general terms and conditic
commercially available. In this case, the City shall be responsible for all le;
I payments, insurance, if applicable, maintenance and operational costs except t
Employee shall be responsible for maintenance when out of town for overnight
longer non-City purposes. If Employee uses the vehicle for non-City purposes duri
3
0 0
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
the term of this agreement, Employee shall reimburse the City for the cost of re1
insurance coverage in the amount of $350 annually, payable on January 2 each ye;
SECTION VI1 OTHER SUPPLEMENTAL BENEFITS
The City Attorney shall accrue vacation leave and sick leave as pro\
for under existing City policy.
All other actions taken by the City Council relating to fringe benefit:
management employees shall be considered actions granting the same to the
Attorney. As used herein, fringe benefits include but are not limited to vacation,
leave, educational benefits as they existed on the date of the approval of this cont;
holidays, retirement (PERS), benefits and payments, health insurance, de
insurance, long-term disability insurance, and life insurance.
The City shall contribute to the City Attorney’s Deferred Compensa
account the maximum amount permitted by law (currently $8,000) and, if so reque5
by the City Attorney, the amounts permitted under the so-called “catch-up provisic
as authorized under the Internal Revenue Code section 457 provisions.
Notwithstanding any annual or lifetime cap or otherwise, in-home med
benefits shall not be reduced below those existing on June 1, 1999 except wh
deemed medically necessary and appropriate by Employee’s doctor or upon wril
request by Employee.
SECTION Vlll ANNUAL REVIEW
The City Council shall review and evaluate the performance of the C
Attorney in July of each year. This review and evaluation shall be accordance with 4
criteria developed jointly by the City Council and the City Attorney. The Mayor st
provide the City Attorney with a summary written statement of the Findings of the C
4
0 0
/I Council and provide an adequate opportunity for the City Attorney to discus
1 11 evaluation with the City Council. 2
3 SECTION XI1 NOTICES
4
custody of the United States Postal Service, postage prepaid, addressed as folio) 5
Notices pursuant to this Agreement shall be given by deposit ir
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2o I
21 ~
22 1
23
24
25
26
27
28
as such address may be changed from time to time upon written notice to the other
I
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
I
5
I