HomeMy WebLinkAbout2002-08-13; City Council; Resolution 2002-2461
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RESOLUTION NO. 2002-246
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, Amendment No. 2 on October 17,2000, Amendment No. 3 on March
13,2001, Amendment No. 4 on May 21,2002 is further amended by Amendment No. 5
attached to this resolution.
3. That the Finance Director 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 AUGUST ,2002 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
(SEAL) .,
AMENDMENT NO. 5 TO AGREEMENT
LETTER OF UNDERSTANDING
This Amendment is entered into and effective as of the 2/57 day of
fl@I( 5r ,2002, amending the Letter of Understanding dated November 21,
1996 by and between the City Council of the City of Carisbad, (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, Resolution No. 2000-319 dated October 17,2000, Resolution
No. 2001-83 dated March 13, 2001, and Resolution No. 2002-148 dated May 21,2002
is further amended as shown on Exhibit ”A.
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2. Except for this amendment, all other terms and conditions of said
Letter of Understanding remain unchanged and in full force and effect.
2 D R. BALL, City Attorney
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EXHIBIT “A”
TO AGREEMENT LETTER 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 2.842% to the current bi-weekly compensation of $5,652. This
adjustment brings the bi-weekly compensation for the City Attorney to $5,813
effective July 1, 2002, and by six percent (6%) effective January 1, 2003 for a bi-
weekly compensation of $6.161 and by a percent (6%) effective July 1, 2003 for
a bi-weekly compensation of $6,531 These compensation figures shall be further
adjusted by four percent (4%) effective January 1, 2004 for a bi-weekly
compensation of $6,792, by two and one-half percent (2 %%) effective July 1,
2004 for a bi-weekly compensation of $6,962 and by 6.41 % effective January 1,
2005 for a bi-weekly compensation of $7,408. Thereafter, the base
compensation of the City Attorney shall be established at no less than 95% of the
City Manager’s base compensation by adjustments effective January 1, 2006
and January 1, 2007. or by such other additional amounts as determined by a
resolution of the City Council.
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
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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
$1 1.000 per calendar year plus $1,000 if 50 or over) 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 1, 1999
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except where deemed medically necessary and appropriate by Employee's
doctor or upon written request by Employee.
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