HomeMy WebLinkAbout2002-05-21; City Council; Resolution 2002-1471
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RESOLUTION NO. 2002-147
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 MANAGER.
WHEREAS, the City Council determines it is necessary and appropriate to amend
its Letter of Understanding with the City Manager.
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
Manager 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 further amended by Amendment No. 4 attached to this resolution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad held on the 2lst day of MAY ,2002, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ATTEST:
(SEAL)
AMENDMENT NO. 4 TO AGREEMENT
LETTER OF UNDERSTANDING
This Amendment is entered into and effective as of the 23 RS day of
,2002, amending the Letter of Understanding dated November 21,
1996, by and between the City Council of the City of Carlsbad, (hereinafter
“Council”) and Raymond R. Patchett, City Manager (hereinafter “City Manager”) as
follows:
RECITALS
WHEREAS, the initial agreement, dated November 21, 1996, identified with
particularity the employment agreement between Council and City Manager; 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 Manager 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.
99-280 dated August 10, 1999, and Resolution No. 2000-319 dated
October 17,2000, and Resolution No. 2001-84 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: 5b2,/62
By:
City Manager
EXHIBIT “A”
TO AGREEMENT LETTER OF UNDERSTANDING
BETWEEN THE CITY COUNCIL AND THE CITY MANAGER
SECTION VI1 - OTHER SUPPLEMENTAL BENEFITS
The City Manager 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
Manager, except that the City Manager 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 Manager’s Deferred Compensation
account the maximum amount permitted by law (currently $8,500) and, if so
requested by the City Manager, 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
Manager 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.