HomeMy WebLinkAboutCity Attorney - Salary and Benefit Change - Resolution 2000- ? �)lo�n
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Council/Agency Meeting Held: 1&Z000
Deferred/Continued to: QU&&Ld
D Approved LJ Co itionally Approved Ll Qenied
Zepalq CWClerk'-s Signature
Council Meeting Date: January 3, 2000 Department ID Number: CA 99-22
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: -HUTTON, City Attorney
Yti.titi6
des
PREPARED BY: 7GA1 HUTTON, City Attorney
SUBJECT: Approve City Attorney Salary and Benefit Resolution C'�
Statement s atement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City Council approve Resolution No. c,2 goo -
modifying certain benefits for the City Attorney as proposed for the city's appointed
department heads for calendar years 2000 - 2001? City Council approval of the salary
increase recommended for the City Attorney by the City Administrator and reflected in the
same Resolution No,?000 - Ll is also requested.
Funding Source: General Fund. Funding for this adjustment is included in the FY 1999-
2001 budgets.
Recommended Action: Approve Resolution No. 2000- Ll
Alternative Action(s): Approve Resolution No. 9060 ® V and take such action
as the City Council deems appropriate to establish an ad hoc City Council subcommittee to
review City Attorney compensation data to develop recommendations whether to provide the
City Attorney with additional compensation consistent with the City's goal of compensating all
officers and employees comparable to the 75 th percentile of Orange County cities.
REQUEST FOR COUNCIL ACTIO4
MEETING DATE: January 3, 2000 DEPARTMENT ID NUMBER: CA 99-22
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.
The City Administrator's recommendation is that the City Attorney receive a 13.3 percent
salary increase, placing her at the same compensation as the Assistant City Administrator
($10,949 per month). In addition, the City Attorney shall receive the 4 percent cost-of-living
adjustment provided to all other non-associated officers and employees. This salary
increase is reasonable and appropriate for the following reasons:
A. The City Attorney's current salary is:
® $24,484 less than the 75th percentile of other comparable Orange County City
Attorneys (Attachment 2).
® 21.10 percent less than the City's target benchmark set to market 75th percentile
($11,707 per month) (Attachment 2).
B. Moreover, it should be noted that, even with the recommended 17.3 percent total
increase this calendar year, the City Administrator's recommended City Attorney salary
is still insufficient because the new salary range:
® Would barely keep pace with just the cost-of-living increases which have occurred
over the past eight years at approximately 16 percent (Attachment 3)*; and
® Would not compensate the City Attorney for the cumulative loss of earnings over
the past seven years, which other city attorneys have enjoyed, based on the
attached salary survey.
*In the last two years a total of 2 percent COLA each year (or a total of 4 percent) has been
received by all MEO, MEA, non-associated, and the elected Department Heads, thus
reducing the actual percentage impact to 12 percent deficit over the last eight years.
99-22 CA Salary -2- 12/29/99 5:06 PM
REQUEST E T ® COUNCIL A N IL TI 0V C
MEETING DATE: January 3, 2000 DEPARTMENT ID NUMBER: CA 99-22
The City Attorney's salary in fiscal year 1999-2000 should be set at no less than 17.3 percent
in order to be consistent with the Assistant City Administrator's salary at $10,949 per month
plus the 4 percent COLA adjustment being proposed to other non-associated officials and
employees.
Finally, Attachment 4 hereto is a listing of some of the significant accomplishments the office
of the City Attorney has achieved over the past several years, for which I am very proud and
which, standing alone, would justify a merit increase.
Additional Recommendation
The City Administrator has recommended a salary adjustment for the City Attorney that
places the City Attorney salary less than the 75t percentile benchmark used for most
positions studied in the Johnson & Associates study. The recommended adjustment places
the City Attorney's salary equal to that of the Assistant City Administrator ($11,397 per
month), but is' below the 75th percentile for Orange County Cities ($11,707 per month): As
such, the City Council should entertain an action that would create an ad hoc City Council
subcommittee to further review the City Attorney's salary and consider increasing it to the
75th percentile benchmark.
Environmental Status: Not Applicable.
Attachment(s):
, o - o - o 'Description
1 Resolution "Modifying Benefits and Salary for Calendar Years 2000
and 2001 for Elected City Attorney"
2 City of Huntington Beach Labor Market Salary Survey (prepared by
Johnson &Associates)
3 Consumer Price Index (CPI Report)
4. City Attorney Accomplishments
RCA Author: Arthur DeLaLoza, Deputy City Attorney
99-22 CA Salary -3- 12/29/99 5:06 PM
ATTACHMENT # 1
RESOLUTION NO. 2000-4
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH MODIFYING
BENEFITS AND SALARY FOR CALENDAR YEARS 2000
AND 2001 FOR ELECTED CITY ATTORNEY
WHEREAS, the City Council of the City of Huntington Beach desires to establish
benefit changes for the elected City Attorney for calendar years 2000 and 2001;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. . Benefits for the City Attorney shall be as reflected in
Attachment "A" hereto.
SECTION 2. Salary ranges for elected City Attorney shall be set as reflected
in Attachment "B" 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 herein shall continue at their
highest levels 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 3rd day of January 2000.
CZ6 -4
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney 2
1 ZZ-�ti
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator dity Attorn y
adl/99reso/City Atty
Res . 2000-4
ATTACHMENT "A"
All benefits provided non-associated officers, officials, and employees shall be granted to the
City Attorney during the periods reflected herein.
adl/99reso/City Atty
Res . 2000-4
ATTACHMENT "B"
Salary Ranges for City Attorney: Range Salary
Calendar Year 2000 (effective December 25, 1999) 632 $10,949
PLUS 4% Proposed MEA and MEO: Ranges 8
640 $11,397
Range SalaN
Calendar Year 2001 (effective December 23, 2000) 640 $11,397
PLUS 3% Proposed MEA and MEO: Ranges 6
646 $11,743
adl/99reso/City Atty
Iles. No. 2000-4
STATE OF CALIFORNIA - )
COUNT' OF ORANGE ) ss:
CITE' OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 a
regular meeting thereof held on the 3rd day of January, 2000 by the following vote:
ALES: Julien, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: Sullivan
i�
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
ATTACHMENT #2
CITY OF HUNTINGTON BL^CH
LABOR MARKET SALARY SURVEY
statistics computed using control point/maximum
14 City Attorney
Agency Comparable Class Title Minimum C.P./Max
City of Westminister No Comparable Class
City of Irvine No Comparable Class
City of Tustin No Comparable Class
City of Fountain Valley No Comparable Class
City of Fullerton No Comparable Class
City of Garden Grove No Comparable Class
City of Buena Park No Comparable Class
City of Huntin ton Beach 114 City Attomey 7,801 9,667
City of Orange City Attorney 8,423 10,802
City of Anaheim City Attorney 8,327 11,450
City of Newport Beach City Attorney 11,579
City of Santa Ana City Attorney 11,707
City of Costa Mesa City Attorney 8,750 11 ,726
%Above/
Number of Observations 5 Market Below
ariabili Low Value Market
Labor Market Median 11579 -19.78%
40th Percentile 11527 -19.24%.
60th Percentile 11630 -20.31%
75th Percentile 11707 -21.10%
Labor Market Mean 0 1 11453 -18.47%
City of Huntington Beach Sala Percentile 0 Percentile
DETAILS FROM JOHNSON & ASSOCIATES
1999 H.B. LABOR MARKET SALARY SURVEY
FOR CITY ATTORNEY POSITION.
ATTACHMENT #3
U.S.DEPARTMENT OF LABOR,BUREAU OF LABOR STATISTICS,FAX-ON-DEMAND P one 415-975-4567 Note:To receive -an explanation on how to compute a percentage change between any two periods request FAX-ON-DEMAND Code 9255. To request DEMAND
information on using the CPI as an escalator on rental agreement and other contracts request FAX-ON-DEMAND Code 9256 CODE 9
LOS ANGELES-RIVERSIDE•ORANGE CO.CA C
m 11/17/99 Consumer Price Index,All Items,1982-84=100 for All Urban Consumers(CPI-U) SEMIANNUAL
n 1ST 2N ANNUAL
YEAR JAN FEB MARCH APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC HALF HAIL AVERAGE G
F! 1979 67.6 68.3 69.0 70.3 71.4 72.1 72.7 73.6 74.7 75.1 75.9 77.2 72.3 p
LO 1980 7B.7 80.4 81.7 82.8 84.3 84.7 84.2 83.7 84.5 85.5 86.5 87.6 83.7
L
Lo 1981 87.8 88.5 89.1 89.9 90.5 90.7 92.1 93.0 34.5 95.2 95.3 95.5 91.9 t-
1982 96.7 96.6 96.9 97.0 97.2 98.2 97.9 97.9 97.5 98.0 97.6 96.6 97.3
CD 1983 96.7 97:1 97.2 9B.0 98.8 99.4 99.7 99.9 100.3 100.5 100.4 100.8 99.1 a
N 1984 101.2 101.6 101.8 102.5 103.4 103.4 103.5 104.5 105.0 105.5 105.5 105.3 102.3 104.9 103.E 7a
ti 1985 105.9 106.3 106.5 106.9 108.0 108.1 108.8 109.6 109.6 110.4 110.0 110.4 107.0 109.8 108.4 N
1986 110.6 110.5 111.1 110.6 111.5 112.1 112.0 112.0 113.3 113.8 113.0 112.7 111.1 112.8 111.9
1987 113.4 114.7 115.5 116.0 116.8 116.5 116.5 117.3 118.0 118.6 1113.2 11 B.5 115.5 117.9 116.7
1.988 118.9 119.7 120.6 121.1 122.0 122.0 122.1 122.6 123.4 124.0 124.1 124.2 120.7 123.4 122.1
1989 124.6 125.5 126.2 127.2 128.3 128.7 129.0 128.9 130.1 130.0 130.0 130.6 126.8 129.8 128.3 N
1990 132.1 133.6 134.5 134.2 134.E 135.0 135.6 136.3 137.7 139.7 136.9 139.2 134.0 137.7 135.9 a
1991 140.0 139.9 139.7 140.7 140.8 140.6 141.5 141.7 142.6 142.9 143.5 143.1 140.3 142.6 141.4 n
1992 144.3 144.9 . 145.5 145.8 146.0 146.2 146.7 146.9 147.4 148.4 148.2 148.2 145.5 147.6 146.5 N
1993 149.2 150.0 149.E 149.9 150.1 149.7 149.8 149.9 150.2 150.9 151.6 151.9 149.E 150.7 150.3
^ 1994 152.2 152.2 152.5 152.0 151.4 151.3 151.7 152.0 152.7 153.4 152.9 153.4 151.9 152.7 152.3
N i 1995 154.3 154.5 154.6 154.7 155.1 154.8 154.5 154.4 154.6 155.2 154.4 154.6 154.7 154.6 154.6 c~n
.6 1996 155.7 156.2 157.3 157.7 157.5 156.7 157.6 157.3 158.2 158.8 159.4 158.3 156.9 158.1 157.5
j 1997 159.1 159.2 159.8 159.9 159.5 159.4 159.5 159.7 160.5 161.1 160.7 161.2 159.5 160.5 160.0 (D
U1 vvv 199E 161.0 161.1 161.4 161.8 162.3 162.2 162.1 162.6 162.6 163.2 163.4 163.5 161.6 162.9 162.3
1999 164.2 164.6 165.0 166.6 166.2 165.4 165.8 166.3 167.2 167.2 165.3 r
--..- ---------- - - - _ __._....._.. -- - - - - - -
pl a le o over t e ear%rncreasei. An en ry of eb. Z rrS ica es EFie percen age increase rom Fe :T 81 o eb.1 rn his example :21.
1980 16.4 17.7 18.4 17.8 18.1 17.5 15.8 13.7 13.1 13.8 14.0 13.5 15.8
1981 11.6 10.1 9.1 8.6 7.4 7.1 9.4 11.1 11.8 11.3 10.2 9.0 9.8
1982 10.1 9.2 8.8 T9 7.4 8.3 6.3 5.3 3.2 2.9 2.4 1.2 5.9
J 1983 0.0 0.5 0.3 1.0 1.6 1.2 1.8 2.0 2.9 2.6 2.9 4.3 1.8
1984 4.7 4.6 4.7 4.6 4.7 4.0 3.8 4.6 4.7 5.0 5.1 4.5 4.5
1985 4.6 4.6 4.6 4.3 4A 4.5 5.1 4.9 4.4 4.6 4.3 4.8 4.6 4.7 4.6
1986 4.4 4.0 4.3 3.5 3.2 3.7 2.9 2.2 3.4 3.1 2.7 2.1 3.8 2.7 3.2
1987 2.5 3.8 4.0 4.9 4.8 3.9 4.0 4.7 4.1 4.2 4.6 5.1 4.0 4.5 4.3
1988 4.9 4.4 4.4 4.4 4.5 4.7 4.8 4.5 4.6 4.6 5.0 4.8 4.5 4.7 4.6
1989 4.8 4.8 4.6 5.0 5.2 5.5 5.7 5.1 5.4 4.8 4.8 5.2 5.1 5.2 5.1 ro
1990 6.0 6.5 6.6 5.5 4.9 4.9 5.1 5.7 5.8 6.7 6.8 6.6 5.7 6.1 5.9 ro
1991 6.0 4.7 3.9 4.8 4.6 4.3 4.4 4.0 3.6 3.0 3.3 2.8 4.7 3.6 40- ca
1992 3.1 3.6 4.2 3.6 3.7 3.8 3.7 3.7 3.4 3.8 3.3 3.6 37 3.5 3.6,
1993 3.4 3.5 3.0 2.8 2.8 2.4 2.1 2.0 1.9 1.7 2.3 2.5 3.0 2.1 2.6
1994 2.0 1.5 1.8 1.4 0.9 1.1 1.3 1.4 1.7 1.7 0.9 1.0 1.4 1.3 1.3
1995 1.4 1.5 1.4 1.8 2.4 2.3 1.8 1.6 1.2 1.2 1.0 0.13 1.8 1.2 1.5
1996 0.9 1.1 1.7 1.9 1.5 1.2 2.0 1.9 2.3 2.3 2.6 2.4 1.4 2.3 1.9 ro
1997 2.2 1.9 1.6 1.4 1.3 1.7 1.2 1.5 1.5 1.4 1.5 1.8 1.7 1.5 1.6 w
1998 1.2 1.2 1.0 1.2 1.B 1.8 1.6 1.8 1.3 1.3 1.7 1.4 1.3 1.5 1.4
1999 2.0 2.2 2.2 3.0 2.4 2.0 2.3 2.3 2.8 2.5 2.3 r�,3 r ST• ,b
� w
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ATTACHMENT #4
CITE'ATTORNEY ACCOMPLISHMENTS
I.
GENERAL.
As your City Attorney I have demonstrated leadership in developing innovative new law-
enforcement tools for our police department, such as the "loud party ordinance,"the "anti-graffiti
vandalism ordinance," and in initiating the successful 1997 legislation to control unruly behavior
on the Fourth of July in the troubled downtown area. These efforts have all been aimed at
maintaining our property values.
My record in office is noteworthy. For example, I helped lead the battle to recover $35 million
for Huntington Beach from the Orange County bankruptcy over the last years. We were also
successful this year in obtaining a $1.3 million settlement over a major breach of contract action
against McDonnell Douglas over the CAD System. Our effort with the American Trader oil spill
resulted in a $6-million verdict for Huntington Beach, and we secured favorable defense verdicts
on a$29-million pothole-bicycle accident case,and the Dahl police civil rights case.
Under my direction the City Attorney's office is still successfully defending and representing
this, the 12th largest, city in the state with traditionally about 1% of the total city budget. I have
cut the budget for this department by nearly 25% in recent years, reducing the staff from 18 to 14
employees while maintaining an impressive record in managing our legal affairs.
In 1998 alone our accomplishments included:
(1) Creation, implementation, and joint administration of Administrative Citation Program;
(2) Revised Nuisance Code; and
(3) Extensive participation in Nuisance Task Force.
Some recent important accomplishments of our office in which I was involved were:
(1) Coca-Cola Corporate Partnership Agreement: Drafted 10-year corporate_partnership
agreement with Coca-Cola, a first-of-its-kind agreement for both parties. Under this
agreement, the City receives $300,000 per year, plus more in services and products.
(2) AES Property Tax: Coordinated effort to reclassify property-tax assessment of
Huntington Beach AES power plant from unitary to local assessment, resulting in at least
a$200,000-per-year increase in property-tax revenue to the City.
(3) Business Systems Software: Simultaneously drafted five contracts with various
consultants and third parties to implement the City's conversion of its business systems to
JD Edwards business software.
1
adl/99misc/accomphshmts
II.
CITATION SUMMARY
The administrative citation process has significantly reduced the number of prosecutions, thereby
saving City staff time and court time over a one-year period of time.
Total citations issued: $122,650 (almost $50,000 issued in September/October/November
Total citations issued: 454
Total Paid: $36,600
Total Paid: 212
Total Liened: $15,825
Total Outstanding Receivables: $57,200
2
adl/99misc/accomplishmts
III.
REVENUE AND PAYMENTS RECOVERED BY CITY ATTORNEY ACTION
CASE DESCRIPTION AMOUNT
l. Hilton Bankruptcy Recovered Special $ 56,000
Bankruptcy Attorney's
Fees for City; Poppin & Shier
2. Hilton Easement Request Attorney's Fees; Tom 7,000
Clark's Legal Fees
3. Town Square Sale Loan to Buyer Savings 213,099
See 8/15/94 original doc.
4. R.T.C. Rent Due City 41,809*
See 12/6/94 Check
5. Thomas Wells Tenant Improvement 8,606.24
Collection
See 10/11/94 Check
6. OVE I Tenant City Attorney Initiated 51,394
Upgrades Recovery Collection Reduced Agreed Value
7. H.B. v. Jerwel Huntington Center 10,101.60
Signal Collection See Check 6/6/94
8. H.B. v. Bredero Cadillac Huntington Center 40,406.40
Signal Collection See Check 6/2/94
9. H.B. v. MaceRich Co. Signal Collection 55,776
See 6/20/94 Check
10. Mola Collection 269,000
$100,000 collected to date
TOTAL CHECKS AND VALUE RECEIVED: $442,382**
* Included in#3
** Does not include $214,872 by contract attorney or bankruptcy matters.
3
adl/99misc/accomplishmts
IV.
OTHER ACHIEVEMENTS
These are the projects my legal efforts have produced:
1. Biggest News: New, beautiful Pier Plaza at Pacific Coast Highway and Main Street.
(Secured parking lot land and drafted the contract for construction.)
2. Long-awaited opening of Dukes' Surf City Restaurant—Contracts. Termination of long-
term lease at former Maxwell's at no cost to City.
3. Retained and supervised special counsel in drafting recently Council-approved Amended
DDA and Development Agreement for two new Hilton Hotels totaling 830 rooms.
• 530-Room Resort Hotel
• 50,000-Net-square-foot Conference Center
• 170-230 Unit Residential Community
• 300-Room Third Hotel/Addition
4. Negotiated and drafted legal documents for our newest large-business enterprise, Sharpe
Electronics and helped subdivide the McDonnell Douglas (now Boeing) parcel.
5. Assisted in negotiations and drafted agreement for a new Home Depot.
6. American Trader Oil recovery of$4 million to $6 million to City plus all City costs and
attorneys' fees.
4
adl/99misc/accomphshmts
RCA ROUTING
INITIATING DEPARTMENT: CITY ATTORNEY
SUBJECT: CITY ATTORNEY SALARY AND BENEFIT RESOLUTION
COUNCIL MEETING DATE: January 3, 2000
RCA ATTACH 6VI E N TS STATt�S
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 Attomey) 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;IVIISSIN. G ATTi4CHnlINTS'J#
REVIEWED m RETU,RNED' MORUUA ®ED,a A ��
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial )
City Clerk
EXPL�4N°ATION FOR RE`TIJRIV OF ITEM:
(Below Space For CityCterk's, Use •
RCA Author: Arthur DeLaLoza, Deputy City Attorney