HomeMy WebLinkAboutCity Attorney - Modify Salary - Jennifer McGrath - Resolutio December 17, 2007—Council/Agency Minutes Page 19 of 22
City Clerk to execute the agreement; 2)Authorized the budget appropriation of$96,000 to be
transferred from Permanent Salaries account 10055201.51000 to Professional Services account
10055201.69365 to cover the increased costs for the inspection services; and, 3)Authorized the
Director of Building and Safety to expend $296,000 for Professional Services for inspection
services. Submitted by the Director of Building and Safety. Funding Source: Funding has
been appropriated during the budget process to the Professional Service account
10055201.69365. Additional funds are available in Building and Safety Department business
unit 10055201.51000 as a result of salary savings.
(City Council) Approved and Authorized Amendment No. 2 to the Professional Services
Agreement in the Amount Not to Exceed $500,000, for a New Total Contract Amount of
$2,000,000, Between the City of Huntington Beach and Wilidan for As Needed
Engineering Services—Approved and authorized the Mayor and City Clerk to execute
Amendment No. 2 to Agreement Between the City of Huntington Beach and Willdan for As
Needed Engineering Services. Submitted by the Director of Public Works. Funding Source:
Funds in the amount of$150,000 are available in General Fund, Development Services,
Professional Services Account No. 10085251.69365. Expenses will be offset by revenue.
(City Council) Adopted Resolution No. 2007-89 Approving the Non-Represented (Non-
Associated) Employees Pay and Benefits Resolution Pertaining to the Modification of
Wages, Health Benefit Costs and Retirement Benefits.
The City Council considered a communication from the Director of Human Resources
transmitting the following Statement of Issue: It is recommended the Resolution that authorizes
the salary and benefits for non-represented (Non-Associated) employees be modified.
[—and
ayor Pro Tern Bohr requested that this agenda item be removed from the Consent Calendar
d gave a brief history of the mandatory open process to discuss non-associated employee
mpensation issues. He provided justification of last year's review of this topic as it pertained
the proposed rate of increase for the City Attorney. He thanked Attorney McGrath for taking
s intended constructive criticism and making positive improvements during the past 11
onths. He indicated meeting several times with her during the past year and thanked her
r developing monthly reports and for rising to the many challenges faced. A motion was made
Bohr, second Green to approve the recommended action with the inclusion of moving the
ty Attorney (Job Title 0016) to control point from s_ t_ a_ rt_ink point (referenced on pages 11.23
11.24 of the staff report). Discussion followed.
Councilmember Hardy indicated that she intended to vote "No" on this item because of the
retirement benefits, not because she did not support the proposed modification for the City
Attorney. Discussion ensued amongst Council and consensus was to vote on the two items
separately.
A motion was made by Hansen, second Bohr to approve a substitute motion to move City
Attorney (Job Title 0016) to control point from starting point. The motion carried by the
following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
December 17, 2007-Council/Agency Minutes Page 20 of 22
A motion was made by Bohr, second Coerper to adopt Resolution No. 2007-89, "A Resolution
of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non-
Represented(Non-Associated) Employees." The motion carried by the following roll call vote:
AYES: Bohr, Coerper, Green, and Carchio
NOES: Hansen, Hardy, and Cook
City Council) Appropriated Funds, Authorized Expenditure, and Approved Project for a
Lighted In-Road Crosswalk Pilot Project at the Intersection of Bushard Street and
Yellowstone Drive; Appropriated Funds for the Installation of Six Support Poles on
Indianapolis Street Between Beach Blvd. and Brookhurst Street for use with Radar Speed
Feedback Signs.
The City Council considered a communication from the Director of Public Works transmitting the
following Statement of Issue: Concentrations of school related pedestrian, bicycle and motor
vehicle activity along and near the Indianapolis Avenue corridor have resulted in a community
desire to improve motorist awareness of the activity areas and compliance with current traffic
safety laws. Several measures have been identified to address these areas, some requiring
allocation of funding to complete design and construction before the end of the fiscal year.
Councilmember Hansen requested that this agenda item be removed from the Consent
Calendar to thank the departments of Public Works and Police, Chief of Police Small, and
community members. He discussed the Kindergarten-5th grade students who were required to
cross the street illegally, and gave thanks for the crosswalk as a testament to how Council
responded with positive enforcement mechanisms.
Councilmember Carchio gave thanks to Public Works and Police staff who answered the hard
questions posed by citizens and for taking affirmative action to help the children and parents in
this area. He thanked Councilmember Hansen for spearheading this initiative.
A motion was made by Hansen, second Hardy to 1)Amend the 2007/08 Capital Improvement
Program to add the design and construction of an in-road lighted pedestrian crosswalk and
associated improvements at the intersection of Bushard Street and Yellowstone Drive; 2)
Appropriate $70,000 for the design and construction of the lighted crosswalk; 3) Designate the
flashing crosswalk project as a Pilot Project to allow for follow-up evaluation of treatment
effectiveness before proceeding with any other new flashing crosswalk installations; 4)
Authorize the expenditure of$15,000 in professional services from 10085301; and, 5)
Appropriate $20,000 for the installation of six support poles on Indianapolis Street for use with
radar speed feedback signs. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council) NO ACTION TAKEN. THIS ITEM WAS DEFERRED TO JANUARY 7, 2008.
Approve and Authorize the Mayor and City Clerk to Execute a Professional Services
Contract in the Amount Not to Exceed $70,000 Between the City of Huntington Beach and
Advocation, Inc. to Assist in the Acquisition of State Funding for Priority Projects Within
the City and Related State Legislative Issues
The City Council considered a communication from Councilmember Jill Hardy, Chair on behalf
of the Intergovernmental Relations Committee, transmitting the following Statement of Issue:
I( k✓
CITY OF HUNTINGTON BEACH
MEETING DATE: 1/16/07 DEPARTMENT ID NUMBER: CA-07-02
Council/Agency Meeting Held: /--/b -01=7_
Deferred/Continued to:
roved ❑ Conditional) Approved ❑ Denie amity rk's ignatu
J�tgCouncil Meeting Date: 1/16/07 Department ID Number: CA-07-02
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: Honorable Ma and City Council Members
SUBMITTED BY: Jennifer McGr ity Attorney
PREPARED BY: Jennifer McGr City Attorney
SUBJECT: ADOPT RESOLUTION TO MODIFY THE SALARY OF THE
ELECTED CITY ATTORNEY
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the elected City Attorney receive a market-based salary
adjustment consistent with the salary study conducted for the executive management
employees.
Funding Source: Funding is included in the Fiscal Year 2006/2007 budget. The
estimated cost to implement this Resolution for Fiscal Year 2006/2007 is $36,875 and
$12,292 in Fiscal Year 2007/2008.
Recommended Action: Motion to: Adopt Resolution No. 2007-7 , A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
MODIFYING THE SALARY FOR THE ELECTED CITY ATTORNEY
Alternative Action(s): Do not adopt the resolution and maintain the current salary and
benefits for the City Attorney.
Analysis: Huntington Beach City Charter Section 403 provides that the City Council "shall
establish such reasonable compensation and fringe benefits as are appropriate..." for the
City Administrator, City Attorney, City Treasurer, City Clerk and other officers and employees
not affiliated with any bargaining unit.
AttySalary2ndversion v 2(2)(3) -2- 1/10/2007 3:26:00 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 1/16107 DEPARTMENT ID NUMBER: CA-07-02
Similar to all members of the executive management team, the City Attorney salary has not,
been independently reviewed since 2000.. In 2000, the City Attorney received a salary
adjustment of 17.3% consistent with the previous City Administrator's recommendation. At
that time, the City Attorney salary was 21.1% below the benchmark set to 75th percentile of
market.
Since 2000, the City Attorney salary has not been adjusted for market equity; it has only
been.adjusted pursuant to the same cost of living adjustments granted to other management
employees in the City.
Recently, the City Administrator, with the concurrence of City Council, retained an outside
consultant to conduct a salary study which included twelve comparison cities based upon
agency size, geographic proximity, similarity in services and geographic recruitment area.
Nine of the twelve cities have appointed City Attorneys. To align the salary survey data with
the Executive Management Salary Table, the salary survey data below includes a 4% cost of
living adjustment as recommended by the City Administrator.
Monthly Salary
City inc/4%COLA
Anaheim $ 19,913.92
Fremont $ 19,349.20
Glendale $ 17,574.96
Newport Beach $ 15,166.32
Oceanside $ 14,646.32
Oxnard $ 18,382.00
Pasadena $ 17,032.08
Santa Ana $ 15,727.92
Santa Barbara $ 16,606.72
Market Average $ 17,155.49
The three remaining cities included within the salary survey retain legal services through
outside counsel at an average cost of$250.00 per hour.
Based on the executive management salary survey, the City Administrator is recommending
adoption of a revised salary range for all non-elected executive management employees to
place them at market competitive salaries. This same survey indicates the City Attorney is
paid 20.02% ($3380/month) below the standard for her knowledge, training and overall on-
the-job experience. Awarding the requested increase would put the salary of our City
Attorney at market and maintain internal equity within the executive management team.
Traditionally, elected officials have received the highest salary within their designated salary
range (formerly "E-Step") as elected officials do not receive the same opportunities for merit
adjustments as other management employees. However, based on the consultant's
recommendation to adopt a new salary range model, the City Attorney is not requesting to be
placed at the high point.
AttySalary2ndversion v 2(2)(3) -3- 1/10/2007 3:26:00 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 1/16/07 DEPARTMENT ID NUMBER: CA-07-02
This salary increase is reasonable and appropriate for the following reasons:
1. Placing the City Attorney salary at control point represents a market-competitive
salary consistent with the executive management salary study.
2. The City Administrator is authorized to place all non-elected executive management
at the Control Point of their designated salary range and there is no reasonable
basis to treat the City Attorney differently than other executive managers within the
organization.
3. The outside consultant believes that the placing of the City Attorney salary 10.48%
below the City Administrator and 14.33% above the Fire and Police Chiefs
establishes fair, reasonable, and appropriate internal equity within the organization.
4. The current salary is 22.3% ($3756.52/month) less than the average salary for
elected City Attorneys based on an informal study of approximately 60% of the
elected City Attorneys in the state ($3756.52 per month) indicating that cities with
elected city attorneys pay competitively within the market to ensure the attraction
and retention of qualified individuals from the private sector to run for the office and
ensure superior legal representation for the taxpayers. Further, similar to the City of
Huntington Beach, elected officials are typically required to reside in the jurisdiction
where they serve which mandates a salary to support the cost of living in the
community.
5. Moreover, it should be noted that, even with the recommended 20 percent salary
adjustment, the City Attorney salary will not remain market-competitive in the future
absent a future City Council action nor would the City Attorney be compensated for
the cumulative loss of earnings over the past six years, which other city attorneys
have enjoyed, based on the executive management salary survey data.
6. Over the last 4 years, the accomplishments of the current City Attorney have
enhanced the reputation of the City of Huntington Beach in areas of development,
crime prevention, tourism and the ability of the City to serve the citizens of
Huntington Beach in an efficient and timely manner by providing on-going legal
advice to all 13 City departments, including Public Works, Police, Fire and
Community Services as well as actively participating in negotiations of fair labor
contracts with the employees.
7. The streamlining of office processes and procedures has resulted in an 18%
reduction in the City Attorney budget and reduced outside counsel expenditures by
$1,000,000 since 2002. The hiring of an experienced trial attorney has saved the
City approximately $135 -$150 per hour in attorneys' fees to represent the City in tort
and police matters. In addition, the hiring of two advisory attorneys in-house has
saved the City approximately $250.00 per hour in attorneys' fees as well as reduced
the likelihood of litigation in the areas of redevelopment, planning, and labor and
personnel matters.
respectfully request the salary of the classification of City Attorney be set at the control point
of $16,864.46 per month.
AttySalary2ndversion v 2(2)(3) -4- 1/10/2007 3:26:00 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 1/16107 DEPARTMENT ID NUMBER: CA-07-02
Environmental Status: N/A
Attachment(s):
City Clerk's
. - Number No. Description
1. Resolution to modify salary, with Attachment A
�r
� r
Atty Salary 2nd version -5- 1/10/2007 3:59:00 PM
(11) January 16, 2007 -Council/Agency Agenda - Page 11
E-8. (City Council) Adopt Resolution No. 2007-7 Modifying
the Salary for the Elected
City Attorney — Adopt Resolution No. 2007-7, "A Resolution of the City Council of the City
of Huntington Beach Modifying the Salary for the Elected City Attorney." Submitted by the $t
City Attorney. Funding Source: Funding is included in the Fiscal Year 2006/2007 budget.
The estimated cost to implement this Resolution for Fiscal Year 2006/2007 is $36,875 and
$12,292 in Fiscal Year 2007/2008. 5
Councilmember Bohr pulled for discussion. Extensive discussion amongst
Council, staff, and consultant.
Approved as amended to set City Attorney salary at "Starting Point"identified in
RCA, City Attorney to return to Council annually for review. 5-2(Carchio, Green
— No) _�
E-9. (City Council) Adopt Resolution No. 2007-6 Modifying the Salary and Benefits
for the Elected City Clerk — Adopt Resolution No. 2007-6, "A Resolution of the City
Council of the City of Huntington Beach Modifying Salary Benefits for the Elected City Clerk."
Submitted by the City Clerk. Funding Source: Funding is available in the current Fiscal Year
2006/2007 budget. The burdened cost to implement the salary requested in Resolution No.
2007-06 at Control Point for the remainder of the current Fiscal Year is $34,142. The Fiscal
Year 2007/08 will be further impacted in the amount of$11,381.
Councilmember Bohr pulled for discussion. Discussion ensued amongst
Council, staff, and consultant.
Approved as amended to set City Clerk salary at "Starting Point"identified in
RCA. 7-0
E-10. (City Council) Adopt Resolution No. 2007-5 Modifying the Salary and Certain
Benefits for the Elected City Treasurer — Adopt Resolution No. 2007-5, "A Resolution of
the City Council of the City of Huntington Beach Modifying Salary Benefits for the Elected City
Treasurer." Submitted by the City Treasurer. Funding Source: Funding included in the FY
06/07 budget.
Councilmember Bohr pulled for discussion. Discussion ensued amongst
Council, staff, and consultant.
Approved as amended to set City Treasurer salary at "681 Pay Grade, Step B"as
identified in RCA. 4-3(Bohr, Carchio, Coerper— No)
F. Adminis £ µye items
F-1. (City Council) Adopt Resolution No. 2007-4 Approving and Implementing the
Memorandum of Understanding (MOU) Between the City and the Huntington Beach
Marine Safety Officers'Association (MSOA) Covering the Period October 1, 2006
Through September 30, 2009.
Communication from the Deputy City Administrator transmitting the following
Statement of Issue: Should the City and the Huntington Beach Marine Safety Officers'
Association (MSOA) enter into a new Memorandum of Understanding (MOU) covering the
period October 1, 2006 to September 30, 2009?
ATTACHMENT 1
RESOLUTION NO. 2007-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
MODIFYING THE SALARY FOR THE ELECTED CITY ATTORNEY
WHEREAS, the City Council of the City of Huntington Beach desires to modify
the salary for the elected City Attorney,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach as follows:
SECTION 1. All benefits provided non-associated executive management
employees shall be granted to the elected City Attorney.
SECTION 2. The salary for the elected City Attorney shall be set as reflected in
Attachment"A" hereto.
SECTION 3. Any existing provisions in conflict with the foregoing, whether by
minute action or resolution of the City Council, are hereby repealed.
SECTION 4. All benefits and salary ranges established herein shall continue
until further modified by City Council action.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 16th day of Janf,arV 2007.
Ma�zr—
A PROVED AS TO FORM:
n
Ci Attorney
REVIEWED, INITIATED AND APPROVED.
.
ity Attorney
2007 Reso/City Attorney 2007
ATTACHMENT"A"
Salary Range for City Attorney: Range Hourly
740 $87.41
2007 Reso/City Attorney 2007
Res. No. 2007-7
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at an regular meeting thereof held on the 16th day of January, 2007 by the
following vote:
AYES: Bohr, Cook, Coerper, Hansen, Hardy
NOES: Carchio, Green
ABSENT: None
ABSTAIN: None
a(JA.-�
CitLherk and ex-officio &erk of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET.
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adopt Resolution to Modify Certain
Salary and Benefits for the City Attorney
COUNCIL MEETING DATE: January 16, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: JMP/k rca/07/atty sal 2nd
Resolution No. 2007-7
ATTACHMENT "A"
Salary Range for City Attorney: Range Hourly
740 $97.
f
2007 Reso/City Attorney 2007