Loading...
HomeMy WebLinkAboutCity Attorney - Salary Increase - Data and Info Submitted to I �(f y ` REQUEb f FOR CITY COUNCIL-ACTION j- U July 21, 1988 Date Submitted to: Honorable Mayor and Members of the City Council Submitted by: Fail Hutton, City Attorney - flail Hutton, City Attorney Prepared by: Resolution No. 5 Salary and Benefits of City Subject: Attorney Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement f Issue,o Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: The salary and benefits of the position of elected city attorney are not in parity with comparable cities in California or with the appointed department heads in the city. RECOMMENDED ACTION: Adopt attached resolution providing an increase in salary of eleven pay ranges on the Universal Salary Schedule a 5 1/2% increase. ANALYSIS: The incumbent City Attorney has held the position for more than ten years . She was previously employed in Santa Ana as a Deputy City Attorney for 5 years . Thus she brings over 15 years experience to the city. She is the senior Orange County city attorney listed in the survey. City Attorney Comparative Salary Date: TABLE A The incumbent city attorney has 15 years of experience and would logically be at the top step of the range if a range were established for the position . Comparative data shows the incumbent as one of the lowest paid city attorneys of the 16 California cities surveyed . Only Santa Monica and Stockton were lower in the cities studied. Internal Comparative Salary Data: TABLE B Internal comparisons indicate that the City Attorney position, once in the top level of compensation in the city, has fallen in rank through the years to below the level of appointed department e P10 5185 ANALYSIS CONTINUED heads . Last year at budget time an adjustment was made in the City Attorney's compensation to provide parity with four other department heads . (See asterisks on Table B) However , at mid-year an adjustment was made in all the other department heads to afford parity to an increase given to members of certain associations . This adjustment was not given to the City Attorney. To obtain parity with the asterisked department heads an increase of 5 1/2% will be required. The Council is invited to review the attached survey of City Attorney 's salaries in cities of comparable size . Other salaries, for the position of City Attorney, are substantially higher than present compensation for such position in our city. Averaging the top step of each cities ' range (or the actual compensation paid where no range is established) gives a 15 city average salary of $84,574 .00 . Our studies show that fringe benefits are basically identical . With the increase requested, the Huntington Beach City Attorney's compensation would be $78 ,517 .82 . The Department Head comparison is attached. It reflects that the City Attorney will be 11 ranges or 5 1/2% below the grouped city department heads on January 1, 1989 should this increase not be enacted. FUNDING SOURCE: General Fund Attachments : (1 ) Resolution 5'9� (2 ) 1988 Salary Survey TABLE A COMPARATIVE SALARY DATA RANK AGENCY AND POSITION SALARY 1 Orange County Counsel S97 ,988 2 Santa Ana City Attorney 897 ,980 3 Long Beach City Attorney S94 ,980 4 Bakersfield City Attorney 089 ,612 5 Anaheim City Attorney S89,145 6 Riverside City Attorney $88 ,284 7 Pasadena City Attorney S86 ,255 8 Costa Mesa City Attorney S83 ,712 9 Fresno City Attorney S82 ,968 10 San Bernardino City Attorney 8,81,444 11 Glendale City Attorney S80 ,590 12 Sacramento City Attorney S,76 ,656 13 Burbank City Attorney s76 ,344 14 Huntington Beach City Attorney S74 ,424 15 Stockton City Attorney L1,73 ,044 16 Santa Monica City Attorney S69 ,612 Mean (Average ) = $84 ,574 [15 cities, not including Huntington Beach] TABLE B DEPARTMENT HEAD SALARIES July 1, 1988 Jan . 1, 1989 Range Range Director of Public Works 543 551 Police Chief 541 545 Fire Chief 541 545 *Director of Community 525 529 Services *Deputy City Administrator 525 529 Zoning *Deputy City Administrator 525 529 Chief Admin. Services *Deputy City Administrator 525 529 **City Attorney 518 since July 1987 Adjustment Requested to 529 City Clerk 446 N/C City Treasurer 074 N/C **Currently the City Attorney is 3 1/2% (7 ranges ) below asterisked Department Heads . All non-elected Department Heads will be receiving a 2% (4 range ) increase January 1, 1989 . Range 529 for the City Attorney would provide a 5 1/2% increase ( 11 ranges) and place the position in parity with others . ®� LROVED BY CITY COUNCIL CITY TI INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - � CITY CLF,RI3! I To Honorable Mayor Ruth Bailey and From City Attorney Members of the City Council Subject Request for Authorization to Date August 13, 1980 Create New Position ,BACKGROUND: Since December 10, 1977, the city has been self-insured. Outside defense counsel for tort litigation was immediately necessitated since the insurance company no longer provided defense for the city.. In 1979, the City Attorney' s office, with City Council approval, assumed tort litigation defense (personal injury and property damage) for 95% of all incoming cases . During that period, the staff of the City Attorney' s office has been adjusted as to workload and priorities , but has not been increased. To date we are handling nearly 50% of all tort cases in-house with an increase in caseload averaging four new cases per month. The total caseload in the City Attorney' s office to date is 40. Because of the court backlog and ongoing discovery procedures , the number of active cases is increasing four times faster than they can be tried, settled or otherwise disposed of. Needless to . say, the impaction of workload on secretaries in this paperwork mill necessitates additional help. We anticipate a -great increase in effort as these cases approach trial and arbitration hearings . The city is tremendously benefiting financially from the City Attorney' s involvement in tort defense, since the average cost of defense of these cases would have been $5,000 per case according to R. L. Kautz, the city' s claim administrator. Thus, to date, $200,000 has not been ear- marked for retention for outside counsel and only one attorney and one legal secretary have been utilized at a cost of about $50,000 (salary and fringe benefits ) a projected net savings of $150,000 . The paralegal position proposed will have an ultimate total cost impact . of $21,000 to $25,000 per year, including all fringe benefits, but the funds needed are only a reallocation from the existing $64,000 budgeted for "contractual services," and will probably not exceed $15,600 this year. L:r RECOMMENDED ACTION: Approve creation of new permanent paralegal position in the City Attorney 's 0 vo �1 Memo to Honorable Mayor and Members August 13, 1980 of the City Council Re Authorization to Page 2 ' Create Paralegal Position office. Approval of this position will allow the City Attorney' s ` office to continue taking all new tort cases . ALTERNATIVE ACTION: Do not approve new paralegal position. The City Attorney ' s office will either decline to accept new tort complaints (necessitating re- tention of outside counsel with cost impacts ) or increase response time on all other municipal law priorities . FINANCIAL IMPACT: None. $15,600 198o-81 reallocation of funds from "contractual services legal," expense budgeted item Account No. 390, from City Attorney' s 1980-81 budget , Division No. 130. GAIL HUTTON City Attorney GH:bc 4 RESOLUTION NO. 4523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARY AND BENEFITS FOR THE POSITION OF CITY ATTORNEY FOR FISCAL YEARS' 1976 - 1977 AND 1977 - 1978 WHEREAS, a dispute has arisen between the City Council and the City Attorney as to the appropriate level of salary and benefits for the position of City Attorney for fiscal years ' 1976 1917 and 1977 - 1978; and The City Council desires to finally determine the matter; and The City Council has considered all relevant data presented by the City Administrator, the City Attorney and the Personnel Department with respect to the appropriate level of compensation and benefits for the position of City Attorney for fiscal years ' 1976 - 1977 and 1977 - 1978, including a salary survey conducted by the Personnel Department comparing the salary range for the position of City Attorney for the City of Huntington Beach with . the salary ranges for the position of City Attorney in the Cities of Anaheim, Burbank, Garden Grove, Glendale, Inglewood, Pasadena, Riverside, San Bernardino, Santa Ana and Torrance for fiscal year 1976 - 1977 and Based upon the aforementioned salary survey, the City Council finds that the. top step of the salary range for the position of City Attorney for the City of Huntington Beach, at which the City Attorney is presently paid, was 1. 6% below the average of the top steps of the salary ranges for the position of City Attorney for said cities for fiscal year 1976 - 1977; and Based upon salary data provided by the Personnel Department , the City Council finds that the salary ranges for the position r �cs 1 . of City Attorney within said cities will increase by less than 7 % for fiscal year 1977 - 1978, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows : SECTION 1. Effective July 1, 1976, the salary range for the position of City Attorney shall be $21652 to $3,295 per month. SECTION 2. Effective June 25, 1977, the salary range for the position of City Attorney shall be that salary range within the City' s universal salary schedule which most nearly reflects a 7% salary increase, to wit , Range 405, $2,851 to $3,531 per month. SECTION 3. With respect to fringe benefits as distinguished from salary, those benefits established for department heads in Resolutions No. 4353 and 4510 shall be applicable to the. City Attorney. SECTION 4. The salary and benefits provided herein shall be effective as of the dates set forth above and shall continue in effect until changed by subsequent resolution of the City Council. SECTION 5 . The provisions of this resolution shall super- sede the provisions of any prior resolutions of the City Council for the. City of Huntington Beach dealing with the salary or bene- fits for the position of City Attorney, and the provisions of any such prior resolutions which are in conflict in any way with the provisions. hereof are hereby repealed to the extent of such inconsistency. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of September, 1977 . 4 ATTEST: � ;G�i Mayor City Clerk 2 . REVIEWED AND APPROVED: APPROVED AS TO FORM: e 'oe �2(,&A C y Administrator 4J. Nicholas Counter III ecial Labor Relations Counsel INITIATED AND APPROVED AS TO CONTENT: Ci Administrator 3. Res. No. 4523 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of September 19 77 , by the following vote: AYES: Councilmen: Bartlett, Wieder, Coen, Gibbs NOES: Councilmen: Pattinson, Siebert ABSENT: Councilmen: Shenkman City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California CITY OF HUNTINGTON BEACH PERSONNEL .DEPARTMENT April 1977 Assistant City Administrator and Department Head Survey Assistant City Administrator Anaheim Assist. ' City Manager 2988 - 3631 Burbank Assist. City Manager 3273 ; Garden Grove . Assist. City 14anager 2508 - 3059. ; Glendale Deputy City Manager 28.33 Pasadena Assist. City Manager 2993 - 3740 Riverside Assist. City Manager 2285 - 2856 San Bernardino Deputy City Admin. & 2302 - ' 2754 Director Lab. Relations Santa Ana Assist. City Manager 2867 - 3484 Torrance Assist. City Manager 2932 - 3395 2696 - 3225 . Huntington Beach Assist,. City Admin. 2911 - 3608 -1- City Attorney Anaheim City Attorney (A) 2907 - 3534 Burbank City Attorney (A) 3668 Garden Grove City Attorney (A) 2743 3346 Glendale City Attorney (A) 2833 Inglewood City Attorney (A) 3262 Pasadena City Attorney (A) 2652 - 3315 Riverside .._City. .Attorney_, (A) 2502 - 3146 San Bernardino City Attorney.' (E) , 2517 - 3014 , Santa Aria City .Attorney (A) 3200 Torrance City Attorney, (A) 3142 - 3637 2744 3296 Huntington Beach City Attorney "(E) . 2610 - ' ' 3243 City Clerk Anaheim City Clerk ,(A) 1778 - 2161 Burbank City Clerk (E) 2051 Garden Grove City .Clerk. (A) 1359 - 1659 Glendale City Clerk (E) 1488 - 1855 Inglewood City Clerk. (E) 2148' Pasadena City Clerk (A) 1733 - 2167 . Riverside City Clerk (A) 1431 - 1809 San Bernardino City Clerk (E) 1879 2252 Santa Ana Clerk of Council (A) . 2050 Torrance' City Clerk (E) 2046 1611 -- 2020 Huntington Beach City Clerk '(E) 2085 i -2- City Treasurer Burbank City Treasurer (E) 2051 Glendale City Treasurer - (E) 1820 San Bernardino City Treasurer (E) 1796 - 2151 Torrance City. Treasurer (E) 20.45 1796 .2617 Huntington Beach City Treasurer (E) 1861 = 2250 Finance . Drector Anaheim Finance Director 2264 - 2751 Burbank Finance Director 2574 Garden Grove Controller 2160 - 2636 Glendale City Controller 2650 Inglewood Finance Director 2396 = 3230 ., Pasadena Director .Finance 2470 - 3087 Riverside Finance Director 2285 - 2856 San Bernardino Director Finance 2103 2517 Santa Ana Director Finance 2357 - 2867 Torrance Finance Director 2318 2684 2294 - 2785 Huntington Beach Director Finance 2357 - 2926 -3- Director Planning & Environment Resources (non integrated Planning & Bldg. Depts) Burbank Com'. Dev. & Ping. Dir. 2571 Garden Grove Com. Dev. Director 1956 - 2386 Glendale Planning Director 2677 San Bernardino Planning Director 1879 2252 Santa Aria Director of Planning 2334 - 2838 Torrance Planning Director 2316 - 2681 2121 - 2.568 Huntington Beach Dir. Ping. & Env. Res. 2293 - 2849 Director Building & Community. Development (non integrated Planning Bldg. Depts) Burbank Building _& Zoning Dir. 2423 Santa Ana Dir. B1dg. - Sfty & Hsg., 2179 .2650 Torrance Dir. Bldg. & Sfty. 2502 - 2896 2341 26.56 Huntington Beach Dir. Bldg. & Com. Dev. 2293 - 2849 Too limited samples for adequate survey data. There is a trend to integrate Planning and Building under one department head so that person heading up Building has division head status rather than department head status. In some cases. the Building operation is a division reporting to Public Works Director. -4- Director Personnel and Labor Relations Anaheim Personnel Director . 2168 2636 Burbank Personnel Director 232'8 Garden Grove Personnel Service Dir. 1956 - 2386 Inglewood Personnel Dir/Empl Rel. 2085 2810' Pasadena Director Personnel 2111 - 2639 Riverside Personnel Director 1917 2397 Santa Ana Director of Personnel 2234 2717 2079 - 2559 Huntington Beach Dire Personnel/Labor Rel 2105 2616 Library Director Anaheim Library Director . 2350 - 2857 Burbank Lib. Services 'Dir. 2386 Glendale Library. Director 2385 Inglewood Library Director 2085 -- 2810 Pasadena Dir. Public Library 2015 - 2519 San Bernardino City Librarian 1836 - 2198 Santa Ana Library Director 2128 - 2587 Torrance City Librarian 2041 - 2363 2076 - 2513 Huntington Beach Director Library 2081 - 2585 _------- -5- Director Recreation & Parks Anaheim Parks & Recreation Dir. 2496 - 3033 Burbank Parks & Recreation Dir. 2546 Glendale Dir. of Parks & Rec. 2385 Inglewood Parks. & Rec. Dir. 2257 3043 Riverside Parks & Rec. Director 22.85 2856 San Bernardino Director Parks & Rec. 2009 2406 Santa Ana. Dir. of Rec. & Parks 2257 - 2744 Torrance Parks & Rec. Director 2250 - 2605 2259 - 2702 Huntington Beach Dir. Rec. & Parks 2265 2813 Director Public Works Anaheim Public Works Director 3151 - 3831 Burbank Public 'Works Director 3065 Garden Grove Pub. Works & Dev. Dir. 2508 - 3059 Glendale Director Public Works 3215 Inglewood Public Works Director 2518 - 3395 Pasadena Director Public Works 2643 - 3304 Riverside Director Public Works 2627 - . 3283 San Bernardino Dir, Pub Wks/City Engr 2406 2879 . Santa Ana Director Public Works 2690 - 3269 2649 - 3256 Huntington Beach Dir. . Public Works 284.9 - 3539 f -6- i Fire Chief Anaheim Fire Chief 2586 - 3144 Burbank Fire Chief 2799 Garden .Grove Fire Chief 2271 - 2770 Glendale Fire Chief 2915 Inglewood Fire Chief 2396 - 3230 Pasadena Fire ,Chief 2310 - 2888 Riverside Fire Chief 2285 2856 San Bernardino Chief Engineer 2965 Santa Ana Fire Chief 2475 - 3010 Torrance Fire' Chief 2714 - 3143 2434 2972 Huntington Beach Fire Chief 2451 3044 Police Chief Anaheim Police Chief 2487 3023 Burbank Police Chief 2850 Garden Grove Police Chief 2508 - 3.059 Glendale Police Chief 2915 Inglewood Police Chief 2518 - 3375 Pasadena- Police Chief 2410 - 3087 Riverside Chief of Police 2365 - 2956 San Bernardino Chief of Police 3058 Santa Ana Police .Chief 2650 - 3221 Torrance Police Chief 2714 - 3143 2530 3u69 Huntington Beach Police Chief 2625' - 3262 F 0 -7- ,/ CITY OF HUNTINGTON 13 EACH INTER-DEPARTMENT COMMUNICATION HUNTINCTON BEACH To Honorable Mayor and From City Attorney Members of the City Council Salary Increase for City Subject Attorney - Relevant Data Date January 3, 1977 and Information Submitted to City Council Pursuant to Subsecticn 1 and Sub- section 3 of Section 11 of Resolution No . 4339 The attached documents are hereby presented to the City Council and filed with the City Clerk, pursuant to Subsection 1 and. Subsection 3 of Section 11 of Resolution No . 4339 • The City Council has previously been given copies of all these documents , however, they are submitted to the City Council at this time to make a complete record of these proceedings . Respectfully submitted, a DON P. BONFA ✓' City Attorney DPB: er Attachments r_ 1 c r +a. HESO!,UTION MO . 0353 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUN INGTON BEACH APPROVING COMPENSATION AHD BENEFITS FOR DEPARTMENT HEW PURSUANT TO SECTIO11 11 of RESOLUTION NO . 3335, AS AMENDED IT IS HEREBY RESOLVED by the City Council of the Cite of Huntington Beach that pursuant to Section 11 of Resolution 'No . 3335, as amended , the salaries and benefits of department heads and the Assistant Administrator of the City of Nunt.in ;ton Beach for fiscal year 1976-1977 are hereby ap prove& and imple- mented as follows : ARTICLE I Effective July 1 , 1976, the job numbers , position titles and ranges for the clasci.ficstions included within this reso- lution are as follows : Jot) No . Title 1ti, nne 0113 City Attorney _ 640 0122 City Treas/Inv Offc 624 0017 Dir Pers & hab Incl . 6PT 10y Deputy City Admin 62c 010)I Director Vinanc(� 6 ; 0102 Dir Abrs BcKs & Dev 636 0106 Dir Bldg & Com Dev 632 0108 Director Library 628 010E Dir Ping & Env Res 632 0101 n i r Puhl_i c [dopkl , 6do 010'j Dig:° Roc & Ai uk; 631_ 010, Fire Chia, 635 0115 Police t_;hIUF � 37 0012 Asst City Admin 641 er 1 . S A-1,A RY Effectivc, July i 1976 3-U -i i— r:ies R'aiw e A L, T 624 2005 2100 221.1 627 20611 2130 2"303 2)1 o 3 628 2040 227 i -))Ioo 629 2130 22118 2373 2 1-,;0 6 2 16 4 5 631- 222.1 3115 21115 2613 27 58 632 2248 2373 2506 -)6115 27()3 1 j -, 633 2311 25 7�1 U 2)139 271() 2360 635 2403 2 2 8 4, 9 2'[ 636 2506, 2645 2793 637 2574 2718 2869 640 2793 294q 311.3 3 87 3)470 641 28�)4 3012 -L 0 0 ,, . 4 per month for electeci office of Cit", is included in City '1'reas/Inv. officer class in ra nF,e 6211 . Effective January 1, -1-977 the salarie,,:, shall be as fol", o,,,is lane A 13 C D 77 624 1861 1948 2 0 3 Q 136 22'0 627 2105 2224 2)1 616 jj)� 6A 2081 2197 2319. 8 2 5 0"' 'j 62q 2173 2293 6 8 631 2265 9 2 0 6 632 2,293 2420 2556 26()8 234() 633 2357 2488 2621�5 2772 2926 635 24 ,l 25 817 2731. 2884 3001 q o 8 637 2625 2772 926 32( 2 6)1 o 8)j 3072 2 3 4 per month for el.octecl Y Imclude(j -I-11 OF'r-1-c("r 2 . A . Unused vacation mo re than may lie accumulated to no sixty (60 ) days . P. P',ffective July 1 , 1976 , the followin7 schedule will determine rate of accrual . of vacation earned : Years of Service Vacation Allowance One through Four 96 Five through Nine 120 Ten through Fourteen 144 Fifteen and More 176 C . All accrued vacation may be taken after six (6 ) months service. D . Vacation (and sick leave ) accrued time are to be computed from hiring date anniversary . E. Upon two (2 ) -weeks written notification to the Finance Director, any department head shall be entitled to receive his earned vacation pay, less deductions , in advance , prior to his regularly scheduled annual vacation. Such advancements are limited to one during each employees ' anniversary year. ARTICLE TV INSURANCE, Effective April 1 , 1977, the City will assume payment for the dependent health insurance effective the first or the month following the month during which the employee completes three ( 3 ) years of full-time continuous service with the City . Any additinal Vremium I amounts for the optional With Maintenance Organdpation (AMO) plan will he paid by the employee . For the uurpose of determining continuous service , there shall be no accrual or hours. for the period of time a department head is on a non-pay status for a complete pay period . Each department head under age sixty-five (65 ) shall be provided with $40, 000 life insurance nW $00 ,000 accidental 3 . death and dlsmu."ormenC insur"nee paid Kov Y My . Each depart- ment head shall have the option, at his or her cHnanaw , to pur- chase additional amounts of lira in3uranco , in Lbe amount of either *10 , 000 ,or $20 ; 000 , and accidental death and dismemberment insurance in the amount of U0, 000 , $20 , 600, $50 , 000 or 0100, 000 . AI T I(,']_,.E V INCOME PROTECTION PLAN This program provides , for each incident of illness or injury , a waiting period of sixty (60 ) calendar days , during, which the department head may use accumulated sick leave, vacation uay or the department head may elect to he in a non-pay status . Subsequent to the sixty (60 ) day waiting period , the department Bead will be covered by an insurance plan paid for by the City , providing 66-2/3 . percent; of the employee ' s salary rate , encludinE, any special pay, up to a maximum of 01 , 500 per month in accor- dance with the following: Disability Due Disability Due To Accident To Illness First 60 days As noted above As noted above Next 24 months 66-213 percent of 66-2113 percent of base pay uj-) to base pay up to maximum benefit maximum benefit of $1500 monthly of $1500 monthly 'To age 65 66-213 percent of None base pay up to maximum benefit Of . $1500 monthly Days and months refer to calendar days and months . Benefits under the Plan aro integrated with Workers Compensation, Social Security and uthur noniprivate p,rogram benefits to which the department head may he entitled . Disability definad an the inability to perform all of the duties of regulap occupation during two years and thereafter the inability to enrage in any employment or occupation for which he .!s fitted by reason W, edueat.ion, tr,i_i,-Lrlt" or ox peri_� nc�� . t z (A Ij lI(J ' _ire prov;ded in the event the I11divi Ial , du o ,Ii t1"-1 FI must engage in other occupation . Plan w _ll �>:i�ovido �(, �3 I�e��.�c��nt: AKMI of difference between rFet;l.ilar pay and pay of ot-hcr ��ccu1>at; i_on . Survivors benefits continues plan payment for three (3 ) months beyond death . ARI'1CI1 VI CONTINUITY Except as modified- by this resolution, department; he,-ids, and Assistant Adn,iinistrator shall continue to receive all benefits in effect -['or department beads on June includinEr,, but not limited to, benef__tts- provided by r)—"or memoranda of ar;reement covering department heads , the Ye-t�sonnel Rules, and the Employer -] mployee Relations 1�esolution of the City of. fluntington Beach . The salaries and benefits approved by this resolution, including st;ch prior benefits , shall remain in effect after June 30, 1977 , until a resolution pursuaJ; to Section 11 of Resohition i1o. 3335, as amended , sh<'J be adopted, effective as of July 1 , 1977,- purs?zant to the terms of sa_i-I Section 11 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meetinl; thereof held on the Sth day of November, 1976 . ATTH'ST Lyor C=i_ty C_1er1t IIEVII;WED AND To _[�',�)!IlI: C i., y Acimin.istr zt >r IlI:L.f,] 111''( iI` ]Il i 11U : i_.>t;ant �/ 'ty Att o-1,ncy INI III_CATI"D .AND APPROVI,;D AS 'TO CONTENT: 5 . CETY OF HUNTINGTON BEACH CA 76-194 COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BFACH To Honorable Mayor and From Floyd G. Belsito , City Council Members City Administrator Subject RESOLUTION NO . 4369- - Date December 1, 1976 (COMPENSATION FOR CITY ATTORNEY) On November 8 , 1976 , the City Council adopted Resolution No . 4353 providing for compensation and benefits for Department Directors and the Assistant City Administrator (excluding the City Attorney) . The exclusion of the City Attorney was for the purpose of allowing Councilman Siebert to meet with Mr. B6nTa to discuss some questions Councilman Siebert had requested of Mr. Bonfa. That meeting has taken place and responses to Mr. Siebert ' s questions have been provided to the City Council . Therefore, attached for your approval is Resolution No . 4369 which amends Resolution No . 4353 as it relates to the compensation for the City Attorney. It must be noted that the recommendation as it relates to the City Attorney is identical to that recommendation which was pre- viously approved by the City Council relating to Department Heads , the Assistant City Administrator and the City Administrator. The recom- mended increase is based upon surveys of comparable cities and consumer price index cost of living data. The position clearly justifies the -recommended increase_- based upon the data obtained by the Personnel Department. RECOMMENDATION- Therefore, I would recommend that the City Council approve Resolution No. 4369 placing the City Attorney' s position at Range 640 , and amending Resolution No. 4354. Respectfully submitted, _7 Floyd Belssito, C dministnis, City rator FGB:p Attachment Resolution failed RESOLUTION NO. 4369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 4353 IT IS HEREBY RESOLVED: by the City Council of the City of Huntington Beach that pursuant to Section 11 of Resolution No. 3335, as amended, ARTICLE I of Resolution No. 4353 is amended to include the following: Job No, Title Range 0113 City .Attorney 640 PASSED AND ADOPTED by the City Council, of the City of Huntington Beach at a regular. meeting thereof held on the 6th day of December, 1976 .. Mayor ATTEST. ATTEST: ol City Clerk REV WED AND .APPROVED APPROVED AS LTO FO C ty Administrator Assistant ity Attorney` INITIATED AND APPROVED AS TO CONTENT: er R No. 4369 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Be: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 failed at regular meeting thereof held on the 6th day of December 19 76 , by the following vote: AYES: Councilmen: Wieder. Coen. Bartlett NOES: Councilmen: Pattinson, Shenkman, Siebert ABSENT: Councilmen: Gibbs City Clerk and ex-officio Clerk of the City Council of the.City of Huntington Beach, California 1 ... ... • ... -,-.. .. .,, .; ; ..,. F .-,,,,,._ ,.....,rrw.•....,,...,,..,.r.,.'.�.c,,..F,�.-tm..e-^.+r�;rK+,-h�•.^.. ...a.em;...,.M*n. .r-.+ ... .. .,.,., „r,.., t CITY OF HUKTINGTON BEACH F@ INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - - To City Administrator From City Attorney Subject Secret Meeting Laws - Date November 3 , 1976 Executive Session to Consider Department Head Salaries On Monday, November 1, 1976 , after Mr . Amsbar,y and I mentioned to you our concerns regarding a proposed executive session of Council to consider department head salaries , ,you asked me to research the matter and prepare a written memorandum opinion. QUESTION: May the City Council hold an executive session under the Ralph M. Brown Act to consider department head salaries? ANSWER : No . DISCUSSION: The Ralph M. Brown Act finds and declares i.t to be public policy of the State of California that the actions of legislative bodies be taken openly and their deliberations be conducted openly . The Ralph M. Brown Act must be strictly construed . The legislature , recognizing that some secret meetings may be legitimate, has written into the Ralph M. Brown Act certain narrow exceptions to the open meeting philosophy . One such exception is found in W1957 . 6 of the California Government Code and permits an executive session of the council with its designated representatives "prior to and during consultations and discussions with representatives of employee organiza- tions regarding the salaries , salary schedules or compensation paid in the form of fringe benefits of employees in order to review its position and instruct its designated representative,-, . " This exception would have applied with respect to labor relations negotiations with department heads when the department heads were represented by the MEO. and subsequently by the EMT . However, since the dissolution of the EMT, -- the department heads no longer are represented by an employee organiza- tion and, therefore, 554957 . 6 does not apply . Another exception to the open meeting philosophy .is called the "person- nel exception" found in 5511957 of the California Government Code; however, :,uch exception is limited to consideration of "the appointment , employ- ment or dismissal of a . publ.:ic employee or to hear complaints or charges brought against such employee ee b, another person or employee . " g �' � Y y person ) This section does not apply to salary discussions . -2- I discussed this matter in detail on November 3 , 1976 with Carl,yn Reid, Staff Attorney for the League of California Cities , and she agrees with the foregoing opinion. You personally listened to a tape recording of my telephone conversation with Ms . Reid in my office this afternoon, after which ,you and I discussed the matter in length . You recall that Ms . Reid said that an executive session would not be proper to discuss department head salaries and that she realized that some cities interpreted the "personnel exception" more "liberally" than she , but she added that such liberal interpre- tation was "risky. " I do not wish to give an opinion which would lead the City Council to perform any action which would be considered "risky . You have asked why this office did not give the foregoing opinion when the "non-associated" employees ' salaries were considered by the Council a week or so ago in executive session. As I explained to you, I personally knew nothing of that matter . I did not attend nor was I invited to attend such executive session. Neither dial I nor any member. of my staff prepare the resolution for the non-associated employees . Obviously this opinion would apply to non-associated employees as well as department heads . The undersigned is a department head of the City of Huntington Beach . Respectfully submitted, DON P . BONFA City Attorney DPB: cs - CA 76-F. 2 CONFIDENTIAL i r f t 3 . Implementation of Arthur Young Audit Recommendations- I expect to have the matrix prepared by the November 15 Council meeting indicating the status of each of the recommendations made in the E` Arthur. Young Audit of the. Finance Department. In the meantime , I have submitted for your review CA 76 - 175 as it relates to recommendation No . 2 on Page 6 of the recent Arthur Young Study . If the City- Council agrees with the proposal that I have sub- mitted, I would appreciate your action in approving the .transfer of the Finance Departmental Analyst to the Police Department effective November 15 , 1.976 . i. 4. 'ferry Lawsuit - Dick Harlow and Don Bonfa will be prepared to dis- cuss with the City Council in Executive Session the strategy to be aken by the City Council as it relates to the Terry T,awsui.t . Pesolution No. 4353 — Compensation and Benefits for Department Heads - Fnclosed is Resolution No . 4353 recommendi.n compensation and benefits for department heads . Also encl.uded is relevant data prepared in accordance with Section 11 of the Employer-Employee ' Relations Resolution . It would be my recommendation that the same relationship be maintained between the department heads and the non- associated and MEO. Therefore , I would recommend a 7 percent increase r effective July 1, 1976 and a 2 percent increase effective January i 1 , 1977 for a total package of 8 percent . This action would main- tain the internal relationships between the .department directors and their subordinates . The total cost of this recommendation is estimated to be $37 , 700 . I am recommending an across-the-board increase at this time because it would be difficult for me to commence an evaluation program of ` department heads retroactive to July 1 due to the short period of time that I have been in my capacity as City Administrator . However, I intend to embark upon a department head evaluation program on an t individual basis as soon as negotiations have been completed and prior to July 1 , 1977 . ? t It must also be noted that based upon Don Bonfa ' s legal opinion re- garding Executive Sessions to consider department head salaries , with which I concur, the City Council should take action on this Resolution at the Regular portion. of. the City Council Meeting . In his opinion , he makes reference to discussions as to non-associated employees salaries . I might add that there was rlo discussion of salaries in Executive Session since we discussed this matter close to 1.2 : 30 In the morning rand the City Council agreed to approve the memorandum .of Understanding without discussing individual salary' s . The latter action w-is taken :in the ( pen Session of the Council Meeting subsequent to the Executive Session. 6 . Negotiations - Mr . Nick Counter , . the Ci-ty ' s Labor Negotiator, will be available at the F-ecutive Session on Monday evening to discuss the negotiations that have taken place between the City and the i Marine Safety Officers Association. sTY OF H VATINGTC EACH INTER-DEPARTMENT COMMUNICATION HUNnNGION PEACH - To City. ,Administrator From City Attorney Subject Additional Information for Date November 22, 1976 Councilman Siebert This memorandum and the exhibits annexed hereto provide additional information which I promised to give you for Mr. Siebert pursuant to conference in your office on November 18, 1976 : 1 . Partitions in City Attorney' s Office: Transmitted herewith is a package put together by Don. Kiser relating to this matter. The first item in the package is a letter from Don Kiser addressed to the. City Administrator dated November 17, 1976, containing Mr. Kiser 's explanation. The second is an unsigned two-page memorandum which Mr. Kiser alleges was , written by Lorraine Faber. Please note that the City Attorney had no knowledge of nor is he responsible for any "over-run" in the purchase of the partition panels . 2. City Attorneys Salary- Steps and Ranges - Cost-of-Living Increases : On July 1, 1968, I took office as City Attorney having been appointed by the City Council to fill a vacancy created by the resignation in mid-term of Dale Bush. Initially, my salary was set by Council by Resolution No . 2783, adopted July 1, 1968, a copy of which is attached hereto . Note that said Resolution pro- vided for a flat rate per month commencing July 1, 1968 to advance to an increased flat monthly rate on July 1, 1969 . The flat rates were by subsequent resolution superseded by other resolutions which placed the City Attorney on a step-range system as shall be explained . Please note that Resolution No . 2783 provided, in relevant part: "The City Attorney shall have all salary benefits applicable to any other city employee, including, but not limited to, the retirement and health benefits, life insurance, workmen' s compensation and all other fringe benefits including cost-of living increases received by other city employees . Emphasis added . ) . Then City Administrator Doyle Miller was on an extended absence due to illness and I can remember having conversation with the Assistant Administrator Brander Castle about ranges and steps applicable to the position of City Attorney and that it was the opinion . of Lou Ann Marshall, . the Assistant City Attorney, and myself, that there would be nothing illegal or improper in placing the City .Attorney' s position in a range at an appropriate step . Please note particularly that Resolution No. 2783 embodied Council ' s agreement Memorandum to Ci Administrator Re : Additional Information for Counciman Siebert Page 2 November 22, 1976 and promise to the City Attorney that he would receive all cost-of-living increases received by other city employees . Resolution No . 2783 has never been repealed or rescinded except that the flat rate dollar amounts stated therein were subsequently superseded' by other resolutions . Should City Council now deny the City Attorney the cost-of-living increase granted to' all other department heads and the City Administrator within the past few weeks , the City Council would be violating the letter as well as the spirit of Resolution No . 2783 . Attached hereto is a copy of Resolution No . 28115, adopted' October 7, 1968 , which placed the City Attorney and his staff in the "Compensation Plan" . Note that the City Attorney was still on a flat rate system. Attached hereto is Resolution No . 2898, adopted January 6, 1969, which simply added one Deputy City Attorney III to the Compensation Plan. The City Attorney was still shown at the flat rate . Resolution No . 3111, adopted hereto, was adopted January 5 , 1970 . Said Resolution amended the compensation plan as it pertained to some classifications in the City Legal Department and it was with this Resolution that the City Council placed the City Attorney position at Salary Range 79, also indicating the first and the last steps within said range . The placing of, the City Attorney on a range on the "Compensation Plan" was not done through any machination on the part of the City Attorney, but was done volun- tarily and with understanding and knowledge on the part of the City Administrator, the Personnel Department and the City Council . It was the City Council ' s way of keeping its promise to the City Attorney as expressed in Resolution No. 2783 that "the City Attorney shall have all salary benefits applicable to any other City employee . . . " and that the City Attorney shall receive "cost-of-living in- creases received by other City employees . " Next came Resolution No . 3237, adopted November 2, 1970, which amended the salary range of the City Attorney from Range 79 to Range 82, effective September 1, 1970 . From that time on, the salary of. the City Attorney was set together with the ME10 for a number of years and then last fiscal year it was included with the EDIT. Durino all such times the City Attorney' s salary was shown as a range and, of course, he has been on t1ae "E" step for a number of years . The City Council is still bound by its commitment to grant the City Attorney "all cost- of-living increases received by all other City employees", as pro- mised in Resolution No. 2783 . Furthermore, the City Council r } Memorandum to C_ , Administrator Re : Additional Information for Councilman Siebert Page 3 November 22, 1976 has agreed, under Section 11 of the Employer/Employee Resolution, to follow the same system and procedure for the City Attorney ' s position as for all other department heads . Section 11 is not inconsistent with the City Charter as far as the City Attorney ' s . position is concerned, - and it. merely provides an orderly method and procedure for the setting of department head salaries . The City Council in Resolution No . 2783 conferred upon the City Attorney department head status where it provided, in relevant part : "The City Attorney shall serve full-time, and as the chief legal officer of the City and head of the Legal Department . "The City Attorney shall. have full control and supervision of the Legal Department . " (Emphasis added. ) Furthermore, ever since the City Council has given staff personnel to the City Attorney he has been considered a department head . 3 . City Attorney Opinion No . 76-31 "Special Gas Tax Fund- Transfer of Monies to General Fund. Mr. Siebert questions the conclusion of said City Attorney Opinion which states that transfers of monies from the Special Gas Tax Fund to the General Fund are valid provided the monies transferred are used exclusively for purposes specified in the. Streets and Highways Code (Street Maintenance Costs ) . The conclusion of the City Attorney Opinion must not be read in a vacuum but must be read in context with the full opinion. If the full opinion is read carefully, the reader will. find that transfers from the Special Gas Tax Fund to the General Fund are valid provided such transfers do not exceed monies advanced by the General Fund for street maintenance costs (the purposes speci- fied in California Streets and Highways Cost Section 2113 et seq. ) At the first full paragraph on Page 2 of the Opinion reference is made to Mr. Resnikoff of the State Controller ' s Office, Streets : and Roads Division of Local Government Fiscal Affairs, who told Mr. Horton he would be willing to call any of the Councilpersons or write a letter to the City confirming, the State ' s position regarding the transfer of gas tax funds to other funds . The last sentence of said paragraph described the procedure, according to Mr. Resnikoff, followed in seventy-five percent of the cities in California, who charge all of their gas tax expenses to the general fund and make one transfer from the gas tax fund on June 30 to the general fund to cover such expenditures . At the bottom of page 2 of the Opinion, Mr. Horton explains that in 1971 State law was amended to allow one hundred percent of 2107 revenues to be used for street maintenance and that even one hundred percent is a small part of actual maintenance cost . He Memorandum to City Administrator Re : Additional Information for Councilman Siebert Page 4 November 22, 1976 gives as an example that in the 1975 annual street report to the State Controller the City of Huntington Beach reported maintenance costs of $2, 362 . 124 . 03 of which $400, 000 was trans- ferred from the Gas Tax Fund . He continues by saying that in the 1975-76 budget, $655, 000 was estimated as the revenue the City would receive from 2107 funds and a transfer to the General Fund of $1130, 000 to cover eligible maintenance expense was estab- lished. Estimated street maintenance cost for fiscal 1975-76, Kr. Horton said, were two and one half million dollars . The key to the whole problem is found in the first para- graph on page 3 of the Opinion where Mr. Horton is quoted as saying, in relevant part : "Earlier this year, when it looked like the City would need the additional funds to relieve the General Fund of the burden of advancing street maintenance costs , the EAC recommended $200, 000 more be transferred to the General Fund from Gas Tax Funds . " (Emphasis added. ) Therefore, as long as the amounts transferred from the Special Gas Tax Fund to the General Fund do not exceed amounts of gas tax expenses (street maintenance ) charged to the General Fund, thus partially covering such expenditures, there is nothing illegal or invalid about such transfers . Mr. Arguello and Mr. Horton represented to the City Attorney ' s office that such was the case in connection with Resolution No. 4210 . And the City Attorney ' s Opinion stands as written . DON P. BONFA City Attorney DPB: er Attachments C .C . Members of the City Council } 10- 1- 76 CITY OF HU^:TINCTO\ BEACH i PERSONNEL DEPARTMENT Department Heads Title Range Rio . Annual Dick lo: Asst . City Admin . o41 -B 2815 JJ , ISO Don Bonfa City Attorne-y 6 4 0 -E 3243 -8 , 916 Bi11 7art�e Dir Public I;nrks 6 4 0 -E 3243 3s , 916 Earle Robitaille Police Chief 637-E 2959 35 , S63 t�in_e ``oorhouse Dir . Hbrs G Bchs 6 3 6 -E 2909 34 , 903-- Rai• Picard Fire Chief 635 -E 2789 33 , 468 Ben _;_ Suello Dir . Finance 633 -E 2681 32 , 17 ' Jci1 e: r e n s Dir . Bid` E; Corn Dov 632 -E 2610 31 , 320 �.- SeIi ch Dir Plrn�- FT En-:- Res 632 -C 234 --1' 20Q , 104 tier- 'ort11V DIr . R e c F, Parks 63i -E 2578 30 , 956 Ed.:ar Tiiomt,son Dir . Pers F, Lah Rol 829 - E 2397 18 , 764 j'.alt JC::nson Dir . Library 628-F.. 2368 2S , 416 arre.. —all City Trcasurcr 624 - E loss 25 , 020 inci::des S '84/rno for elected Tie�isurer whic}1 �:�i_ 11. remain the sale till `aril 1930 600 - Ran;e numbers for formc_ r E`iT SOO - Rank numbers for Xon Assoc . r r Se L Licmen o [ �;rr,uht 11GC71. f' i :>ct 1. Yr . Dept . Heads 7 . 500 Nona Assoc . 7 . 50% MLO 8 . 50% 7 . 81.°i 16 . 31_'o POA 9 . 1100 7 . 89 17 . 29 MSOA 8 . 1-1 0 0 FA 1.3 . 00% 7 . 520 20 . 520 (Proposed) MEA 12 . 330 7 . 56"' 20 . 89`�, CONSUMER PRICE INDEX Los Angeles Long Beach Fiscal Year 72-73 5 . 59% 73-74 10 . 35.0 Ti-75 75-76 G . !" 1.2 iflo 1)e ri_od 6 . 8 G up 1:o 8-76 (inclus-ive ) z IO - I - 7l, Di1F Won ti.als of Uept . Heads to Asst . kept . (leads eK Next Supervisory position nVer 7 - 1- 70 MrO and POA scttlements Asst. City Adm oI 1)o1)t - 11 Stul 1_ Stcl Hd is Higher Top Dept 11d Pay 32,13 Asst City Admin 3300 1 . 94 0 Asst City Attorney 2600 City Attorney 3243 24 . 70 City Engineer 2822 Dir . Puhlic: Works 3243 14 . 90 Police Captain 2305 Police CIIi_e [ 2989 29 . 8 o Intl Kduc Inc 20 . 78 + llolid Pay 97 . 16 Sub 'Total 50Jf 2%1 Per Month 2303 Total 2612 . 24 29Q) 14 . 4 0 Asst . Dir 11hs 0 Bchs 2463 Nir Hhrs 1; Bch 2909 18 . 1 Div . Fire Chief 2463 Fire Ch i_e E 2789 I . 2 Inc1 ]lot Pay IOd Total 278 9 8 . 65 0 . Asst . Pir_. Finance 22.10 Dir . Finance 2681 21 . 3o Asst , Dir, Bldg . Com 2272 Dir . Bldg & Com Ov 2610 14 . 9% Asst Dir . P & Env Res 2272 Dir . Ply 6 F Res 2610 14 . 9 Supt Parks 2038 Dir . Rec F, Parks 2579 26 . 6 0�, Asst Pers Dir 1.878 Dir Pers F Lab Ref 2597 27 . 60 Asst . Li_h U _r . 1929 Dir . Lihrnry 2.3h8 22 . 80,s (nr� I nCUIIIhCiI t� Not Appi_ i_cHO Gi Ly 1'I:casurce 2085 CITY (*' I IUN'f IN,(, 131_;:1C PFRS(1NNFK UI PARTT1F,.�� 1' October 1 , 1970 Asst . City Administrator Cam_ Title ,lanua ry Jaa I v 1'isadena Asst . City Manager 2R27 - 3530 2993 - 3740 Anaheim Asst . . City Manager 3085 - 3751 2988 - 3637 Santa Ana Asst . City Manager 2613 - 3176 2S67 - 3484 Torrance Asst . City Manager 2078 - 5173 2932 - 3395 Huntington Peach Asst . City Admin. 2607 - .330(1 Burbank Asst . City Manager 3147 3147 Garden Grove Asst . City Manager 2386 - 2896 Z50S - 3059 Riverside Asst . City Manager 2176 - 2720 2285 - 2999 Glendale Deputy City Manager 2612 2833 San Bernardino Deputy City Manager 2L98 - 2035 225 - 2695 City Attorney Burka-nk (A) City Attorney 3578 3668 Torrance (A) City Attorney 3083 - 5399_ 314Z - 5637 Anaheim (A) City Attorney 2650 - 3257 2907 - 3534 Garden Grove (A) City Attorney 2609 - 5184 2743 - 3346 Pasadena (A) City Attorney 206 - 3132 2652 - 3315 Huntington Bch (E) City Attorney 2610 - 5243 2610 - 3243 1_ngic ood (A) City Att-orndy 3l)-1 3 302 Santa Ann ( A) City Attorney 3000 32.00 Riverside (A,l � City Attorney 2502 - 3140 2501 - 3146 San Bernardino (L) City Attorney 240o - 2879 203 - 2947 Glendale (A) City Attorney 2583 2853 Lt Di rector ' tuhI is Works Q Q T lit I c J_l 11 u n 1'V- Anaheim Public Works Fir . 2798 - 3400 .3002 - 3649 Inglewood . Public Works Dir . 2350 - 3167 2518 - 3395 Pasadena Dir . Public Works 2497 - 51. 22 2043 - 3304 Riverside Fir . Public Works 2SO2 - 3127 2627 - 3283 Santa Ana Fir . Public Works 2S67 - 34S4 2690 - 3269 Huntington Beach Dir . Puhl:ic Works 2610 - 324.3 261O - 3243 Glendale . Di.r . Public Works 31533 3215 Burbank Public Works D-ir . 2919 306S Garden Grove Public Wks 6 Dev Fir 23S6 - 096 2505 1059 San Bernardino Fir Public Wks/City Ungr 2302 - 2751 2356 - 2817 Police Chief Inglewood Police Chief 2350 - 307 2518 - 3395 Santa Ana Police Chic 2574 - 3129 2650 - 3221 Torrance Police Chief 2653 - 2924 2714 - 3143 Pasadena Police Chief 2333 - 2917 2470 - 3082 Garden Grove Polic-e Chief 2386 - 2896 2508 - 3059 San Bernardino Chief of Police 2605 3058 Huntington Beach Police Chief 2406 - 2989 2406 - 2989 Riverside Chid of Police 2252 - 2815 2365 - 2956 Glenda le Po 1 ice. Chief 2750 Z915 AIm11ciIII Police Chic ) 2US7 - 253m 2392 - 2907 I�iir'1>,ink IIoI i cc C1) i l f, J S 5U City li. tic I_>>lu�1i ,v July Inglewood I; i rc CIII_c (- 2235 - 30113 2390 .ti230 Torrance Fire Chier 2653 - 2924 2714 - 31 1.3_ Anahc.i_m I .rc Ch_i.e ( 2220 - 2(�90 21165 - 2995 San llernard.illo Chi_cf Iing.i nee I- 2 510 5 Santa Ana ), ire Chief 2,127 - 2950 2427 - 2950 Glenda-le Fire Chief 2750 291S Pasadena Fire Chief 2183 - 27Z8 231 2888 Riverside Fire Chief 2176 - 2720 2285 - 285G Burbank Fire Chief 2691 2799 Huntington Beach Fire Chief 2246 - 2789 2240 - 2789 Garden Grove Fire Chief2055 - 2S08 2271 - 2770 Pi.nancc Director Inglewood Finance I)i_ rector 2 235 - 3U13 239b - 32.�0 Pa:7adena DirectorFinance 2333 - 2917 2470 - 3087 Santa Ana Director Finance 2288 - 2782 23S6 2867 Riverside Finance Director 21.76 - 2720 2285 - _ 28S6 Anaheim Finance Director 2066 - 2512 2274 - 2751 Torrance Finance Director 2290 - 2532 2315 - 2684 Ihultington Beach Director Finance 2160 2b81 2 16 0 2681 GIenda10 City Coil troII.er 250 2(15 0 Gr, rdcn Grove Coll ro I 1 cr 2055 - 2 5O8 2 LOU - 2030 Burbank i_u.i11cc .U1.1,ccto1, -/i75 257,1 Sr_it1 13crnru d.i no I� i_rcctor I� i nanCc� 200 - Z�IU�, 2O5 i - 403 b Di . _.tor I',ui- IMP CommunVty vvinnment- anon �.ntc-grated II r�il�tn� ii - 131cI�; ._ I�cl� t�;� (,.i. t:y T i t I e .la n u a 1,\r J u IN, "Torrance Dir . Bldg , f; Safety 2443 - 2094 2502 - 2896 Santa -Ana- Dir . Bldg , Sfty 6 Hsg . 2118 - 2574 2179 - 265.0 Iluntington Beach Dir . Bldg fr .Comm Dev 2062 - 2571 2062 - 2571 - Burbank Building .Dept . Sunt . 23.30 2423 Director Planning_; Envi-roumcntat Resources (non integrated Planning 6 Building Dcp t . ) Santa Ana Director of Planning 2268 - 2758 2334 - 2838 Torrance Planning Director 2295 - 2530 2316 - 2682 Glendale Planning Director 2525 2677 Huntington Beach Di-r . Plug F, Env . Res , 2101 - 2010 2101 - 2610 Burbank Com Dcv Q Plug Dir . 2472 2571 Garden Grove Com Dev Director I-ShO - 2271. 195o - 2.38h San Bernardino Planning Director 1796 - 2151 1S36 - 2198 Director Planning Building (lntegrated Planning Bui 1diig Dept . ) Inglewood planning & Dev . Dir . 2396 - 3230 Anaheim Community Dev . Dir .2120 -- 3063 Riverside . Planning Dir . 2285 - 2856 Pasadena Dir . Housing Q Com Bev 2257 - 2821. Too Limited samples of non intvgrnted dvp1s . for good survey WN . There is a trend in several N Viev W W1ugrnVr PI ,iirWHg and I10 lding departments Linder one depN rt.men t head wh i clr changes Yespons i ty I eve] . Director Ac t, Parks Q tv Ti t le )"1I11I I r 11 1 Inglewood Parks Rec . Dbr . 2100 - 2838 2257 - 3043. Anaheim Parks 6 Rcc . Dir . 240 .1 - 2917 2401 - 291T Riverside Parks F, Rec . Dir . 2170 - 2720 2285 - 2856 Torrance Parks F, IZcc . Dir . 22I9 - 2440 2250 - 2605 Huntington Beach Dir . _Parks f, Rec . 2076 - 2578 2076 -- 2578 Burbank Parks Rec . Dir . 2472 2546 Santa Ana Dir . of Rec . f, Parks 2066 - 2511 2066 - 2511 Glendale Dir . of Rec . Parks 2250 2385 San Bernardino 'Dir . Parks 6 Rec . 1921 - Z302 1906 2350 Personnel. Director Inglewood Personnel. Dir . /Emhl Rel 1945 - 2621_ 2087 - 2810 Santa Ana Dir . of Personnel 21.69 - 2637 2234 - 2717 Pasadena Dir . Personnel 1.886 - 2558 211.1 - 2639 Anaheim Personnel Director Woo - 2512 2006 - 2512. Huntington Beath Dir . Pers/Labor Relations 1929 - 2397 1929 - 2397 Riverside Personnel Director 1826 - 2283 1917 - 2397 Garden Grove Personnel Officer 1 718 2097 1956 - 2386 Burbank Personnel Director 2238 2328 8 I I,,il�r�lly Uircct r City Ti�tic, J-a r� .luIv Inglewood Library Di_rector 1945 - 2021 2087 - 2810 Anaheim Library I)irec.t.or - 2066 2512 2217 - 2695 Santa Ana Library Director Wo - 2511 2128 - 2587 Pasadena Dir . Public Library 1904 2380 2015 - 2519 Burbank Lib . Services Dir . 2272 2380 Glendale Library Director 2250 2385 Huntington Beach Director Library 1907 - 2308 1907 - 2368 Torrance City Librarian 2021_ - 2229 2041. - 2363 San Bernardino City Librarian 1756 - 2103 1. 79b = 21.51 City Treasurer San Bernardino (11) City Treasurer 1.719 - 2057 1756 - 2103 Huntington Bch (E) City Treasurer 1729 - 2085 1729 2085 Burbank (L) City Treasurer 1972 2051 Torrance (L) City Treasurer 1948 2045 Anaheim (A) City Treasurer 1388 - 1688 1499 - 1823 Glendale (E) City Treasurer 1717_ 1820 DEPARTMENT HEADS SURVEY SUMIARY CITY OF HU�;TINGTON BEACH PERSONNEL DEPARTMENT October 1 , 1976 Jan Jan HB July July H . B Svc• x H. B . +/ - Svy Max H .-B . +�- Job Title Avg tiIax . o Avg Max . o Asst Cit : in . 30 Z 3220 3306 +2 . 6 City- Atto: --e,v 3120 3243 + ? 3 2�8 9 324- - 1 . 4 Dir . Pub1 orks 3100 3243 +4 . 6 322 321 + 4 Police C .i _-_ 2560 2939 +4 . 5 303-9 2959 - 2 . 3 X Dir . Hbr Bchs 2909 2909 7 27S9 + . 3 2961 2759Fire h 2 S . S r . ;, =e Di 2637 2681 +1 . 6 2130 2681 - 3 . 6 ` Dir . Bld= . Comm Deg,- . 2533 261.0 +3 . 0 2656 . 2610 - 1 . 7 Di? Pir - Env . Res . 2431 - 2u10 +6 . 4 2559 2610 + 1 . 9 Dir . Rec , Parks 256� 2675 + 8 2652 26-8 - 2 . 3 Dir . Pers . Labor Ref : 2392 2397 + 2 25�1 2397 -6 . 0 Dl Lib:_ 2 3 UO 236S + J 2 rSy 2363 - 4 . 8 Cite T_ .,3_ _ r 1S 6 2055 +li . l 1_968 2035 +5 . 9 A�� .'�G�� 260�� 2695 +3 . -1 2 79 LR a 236 - 1 . 4 `Not a,,) —_ able for January avera es '�No data for survc:v cities , not included i.n avera c `�Too .-eT,, samples- for valid serve;, data , not included in. average CITY PF HUNTI\GTON BEACH _ PEP.SON EL DEPARTMENT Below Indicate Availahlo Percent of Benefit Package to Salary For Department Head Personnel Effective Jan . 1 , 1976 Bich City Pln- Citv Fire Fin . Lih . Pers P . ,v", Rec Poiice Dir . Clerk Dir . Treas Chief Dir . Dir . Dir . Dir . Dir . Chief AV(� . I nor 1ec::ood 49 . 1 47 . 2 56 . 1 46 . 9 47 . 1 49 . 6 41 . 0 49 . 3) JJ . 2 Torrance 40 . 3 41 . 6 40 . 5 41 . 6 52 . 4 40 . 4 40 . 9 41 . 4 40 . 6 52 . 3 43 . 5 Ilendale 3 _ 3 J6 . J 36 . 9 52 . 8 35 . 0 36 . 4 38 . 0 35 . 3 3' . 9 SZ . , nurhan:� 32 ` 36.. S 32 . J 32 . 6 45 . 5 32 . 3 32 . 6 32 . 6 31 . 9 2 . 4 44 . , JJ _ Santa Ana 32 - 47 . 2 32 . 6 44 . 4 32 . 2 32 . 9 32 . 5 32 . 0 34 . 1 44 . 3 3, - San Bernardino 30 . _ 29 . 0 30 . 3 30 . 4 41 . 7 29 . 0 29 . 0 26 . 5 29 . 9 26 . 4 40 . S 31 . S Anahei�,_ 30 . - 31 . 8 29 . 5 31 . 6 39 . 29 . 3 29 . 9 29 . 3 28 . 1 28 . 6 40 . E 31 . 5 iversi�e 2 _ 28 . 0 2 . 0 42 . 8 2 0 27 . 4 27 . 3 26 . 7 42 . 5 _arden Gr 35 . 8 30 . 6 30 . 6 3I . S 28 . 9 Pasade._a ? 29 . 2 2 , S 32 . 4_ 2 , . ? ? , . 3 2 , . 3 ? . . 0 2i . 3 32 . 3 J 6 / J J i J 6 J S 33 n J J J J 6 J 1 . 9 J 6 4 J O J J iuntin; eac�, 30 . 0- 35 . 5 30 . 8 33 . 2 33 . 4 31 . ? ) I . 8 31 . 6 28 . 8 31 . 6 32 . 8 31 . S 1t1 - 13 - 7 o M, classes With liepartment Inserted in Descuncl i ng order A h Step 1'a tc,, Range SOary Asst . 7—City Admin ist.rntor 841 NO - 3300 Ci ty :lttornev -�— 040 2610 - 321 .7 Mr .. Puh .l i c Works 60) 2610 - 3 243 Pnli_ce _chiof 657 206 - 2<_Y) Dir . Ilhrs 6 ISchs 6 Dov . Gat, 25`12 - 2909 City Engineer 732 2272 - 2822 Dire Chief_ 655 2240 - 2789 Dir . Finance 633 216n - 2h81 Dir . ni.n1 A l_n_v . Res ._ h3< 2 10 1 - 261(1 Asst . City Attorney � 729 09.1 - 2600 Dir . Rec-._& 1'g-r_ks_ 611 2 0 7 b - 2578 �Di.r . B I ( g . , Comm Dev.. 60) 2 n b 2 - 2571 Asst . Mr . Ilhrs 6 Glrs 727 1981 - 2403 Deputy Attorney 111 727 1981 210 Division Piro Chie.E 727 1981 - 2103 Division 1', g-ineer 72o 1929 - 2398 _Dir . Personnel. 6 LA . Rel . 829 1929 - 239 _Di r . Lthrar 628 1907 - 2568 Asst . Dir . Bldg . 6 Conan Dev 721 ISM - 227 ' Asst . Pir . Planning 1; Env Res 72,1 1829 - 2272 Asst . Dir . Finance 72.i 1779 - 220) Battalion Chief 723 1779 - 2210 Traffic Engineer 723 1779 79 - 2210 Deputy Attorney 1I 722 1751 - 2152 ,'Marine Safety 'Captain 722 1731 - 2 15 2 Supv . Data Processing 7 2 1 085 - 20911 City Treas/ Inv Officer 62,11 1729 - 2t)8S Supt . Parks 720 loll - 203,1; Supt . Recreation Q IlumNn Svc NO l oa l - 2058 Economic Development: QfCi_c . 719 1596 - IRS1 Planner Senior 719 1590 - 1_981 Purchns i-ng C)f f i cer 719 1 590 - 1 98 1. Asst . Mr . Lihrnry 718 1552 - 1929 Chief Public Works Insp . 718 1552 - 1929 Pahl i_c Information (dicer 718 1552 - 1929 SHPV . Pc nCh 7 1 ;; 1 5 - 1 929 `;?II)v . I; 1 (Ir' P1;1i11I . 11 1 5 K A - 1939 >til)v . M,( 11 . Ma i n t. . 7 1 ,s 1 5 K A - 1 911) Supv . Ira rK 7 1 1 5 52 - 1929 1 � _ 1 �� �) Supv . Sewer 1`1�� i.nt 7 I ,, .>> .-, Supv . Street Mint . 711i IKS2 - 1929 Supv . Street lice Maint: . 718 1552 - 1929 Supv . Surveying 7 1 8 1552 - 19 29 Supv . Water Maint . 718 1552 - 1929 Supv . Kiccnse. 7 1 o I d 7 1: - IS29 Supv . Accoun tern t. 7 1 0 1 d 7 1 - 1 8 2�) Deputy Attorney 1 7 1 5 1 43 1 - 1 779 C-ivi. 1 Dc1 / Fm Sv Crd 713 1SO - 1685 i ' r Pcc1)t . Ai i lyst Sr 7a Z 1 ? 1 - 1,0 11. Supv . Rec,ront:ion 710 12SO - 1.SS ? Dept . Analyst 708 118.5 - 1 .17-1 w w j N v i RESOLUTION NO. 2783 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A SALARY AND COMPENSATION FOR THE CITY ATTORNEY i The City Council of the City of Huntington Beach does hereby set the compensation and salary for the City Attorney ti as follows : The compensation for the City Attorney shall be set at the amount of $1,770 per month, commencing July 1, 1968, to advance to the amount of $1,858 per month on July 1, 1969, i and continuing until the first Monday, inclusive, after the April 1970 p general municipal election. 1 The City Attorney shall have all salary benefits appli- cable to any other city employee, including, but not limited to, the retirement and health benefits, life insurance, workmenas compensation and all other fringe benefits including cost of living increases received by other city employees . The City Attorney shall serve full-time, and as the chief legal officer of the city and head of the legal department the City Attorney shall have full control and supervision of the legal department . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of July 1968. i i 3 i -l- � '-Ma,ydff ATTEST: Cl APPROVED AS TO FORM: Assistant City Attorney i i i I i I i i i Res. No. j STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : i CITY OF HUNTINGTON BEACH . ) I , PAUL C. JONES , the duly elected , qualified and acting 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 , i of the City of Huntington Beach is seven; that the foregoing j resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the lst day of July 19 68 by the following vote : AYES : Councilmen: Shipley Bartlett McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT : Councilmen: None City Clerk and officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 2781 ENTITLED, "A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF HUNTINGTON BEACH RELATING TO A COMPENSATION PLAN" TO INCLUDE THE PO- SITION OF DEPUTY CITY ATTORNEY II The City Council of the City of Huntington Beach does hereby resolve as follows : That . Section 8 of Resolution No . 2781 entitled, "A Resolution of the City Council of the City of Huntington Beach Relating to a Compensation Plan" is hereby amended to read as follows : SECTION 8 . The schedule of positions authorized and salary ranges are as follows: Number, Salary Authorized Range CITY ATTORNEY 1 City Attorney (Elective) $ 1 ,770/mo. , 1 Assistant City Attorney 53 1 Deputy City Attorney II 51 1 Deputy City Attorney I 48 1 Legal Secretary II 39 .5 1 Legal Secretary I 37 1 Legal Steno-Clerk 33 PASSED AND ADOPTED by the City Council of the City .of Huntington Beach at a regular meeting thereof held on the 7th day of October, 1968 . Mayor — I i 1 . ATTEST: City 2116rk APPROVED AS TO FORM : City Attorney i 2 . 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : 3 CITY OF HUNTINGTON BEACH ) 4 I , PAUL C. JONES, the duly elected , qualified and 5 acting City Clerk of the City of Huntington Beach , and ex- 6 officio Clerk of the City Council of said City , do hereby 7 certify that the whole number, of members of the City Council 8 of the City of Huntington Beach is seven; that the foregoing 9 resolution was passed and adopted by the affirmative vote of 10 more than a majority of all the members of said City Council 11 at a regular meeting thereof held on the 7th 12 day of October .19_0 by the following vote : 13 14 AYES: Councilmen: 15 Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen 16 NOES: Councilmen: 17 None 18 ABSENT: Councilmen: 19 None 20 21 City Clerk and -officio Clerk 22 of the City Council of the City of 11.untington Beach , California 23 24 25 26 21 28 29 30 RESOLUTION NO . 2898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO . 2781 ENTITLED, "A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF HUNTINGTON BEACH RELATING ,TO A COMPENSATION PLAN" AS IT PERTAINS TO CLASSIFICATIONS IN THE LEGAL DEPARTMENT The City Council of the City of Huntington Beach does hereby resolve as follows : That Section 8 of Resolution No . 2781 entitled , "A Resolution of the City Council of the City of Huntington Beach Relating to a Compensation Plan, " as it pertains to classifica- tions in the city legal department , is hereby amended to read as follows : Number Salary Authorized Range CITY ATTORNEY 1 City Attorney (Elective ) $ 1770/mo . 1 Assistant City Attorney 53 1 Deputy City Attorney III 53 1 Deputy City Attorney II 51 1 Deputy City Attorney I 48 1 Legal Secretary II 39 . 5 ]_ Legal Secretary I 37 1 Legal Steno-Clerk 33 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6t,h day of January , 1969 . J Mayor PRO TEk; ATT�',ST : APPROVED AS TO FORM : Lz City erk (� City Attor ey -- i . Res . No . 2898 A , L e 2 STATE OF CALIFORNIA ) o COUNTY OF ORANGE ) ss : 3 CITY OF HUNTINGTON BEACH ) 4 I , PAUL C. JONES , the duly elected , qualified and 5 acting City Clerk of the City of Huntington Beach , and ex- 6 officio Clerk of the City Council of said City, .do hereby 7 certify that the whole number of members of the City Council 8 of the City of Huntington Beach is seven; that. the foregoing 9 resolution was passed and adopted by the affirmative vote of 10 more than a majority of all the members of said City Council 11 at a regular meeting thereof held on the 6th I 12 day of January 19 69 by the following vote : 13 14 AYES: Councilmen: 15 Shipley, Bartlett, McCracken, Kaufman, Matney, Gre n 16 NOES: Councilmen: 17 None 18 ABSENT: Councilmen: 19 Coen 20 21 City Clerk and x-officio .Clerk 22 of the City Council of the City of Huntington Beach , California 23 24 25 26 27 28 29 30 RESOLUTION NO . 3111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO . 3o49 ENTITLED, "A RESOLUTION OF THE .CITY COUN- CIL OF THE CITY OF HUNTINGTON BEACH RELATING T6 A COMPENSATION PLAN" AS IT PERTAINS TO CLASSIFICATIONS IN THE LEGAL DEPARTMENT The City Council of the City of Huntington Beach does hereby resolve as follows : That Section 8 of Resolution No. 3049 entitled, "A Resolution of the City Council of the City of Huntington Beach Relating to a Compensation Plan, " as it pertains to classifications in the city legal department , is hereby amended to read as follows : Number Salary Authorized Range CITY ATTORNEY 1 City Attorney (Elective) 79 1816-226.3 1 Assistant City Attorney 67 1306-1627 1 Deputy City Attorney III 65 1236-1540 1 Deputy City Attorney II 61 1107-1380 1 Deputy City Attorney I 53 889-1107 1 Senior Legal Secretary 39 608-755 1 Legal Secretary 35 545-677 1 Legal Steno 32 502-624 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of January, 1970 . i/ Mayor ATTEST: APPROVED AS TO FORM: City' erk City Attorney Res. No. 311). STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF, HUNTINGTON BEACH ) I , PAUL C. JONES , the duly elected , qualified and acting 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the 5th day of January 192 0 , by the following vote : AYES Councilmen: Bartlett, McCracken, Kaufman, Matney NOES : Councilmen: None ABSENT: Councilmen: Shipley, Coen, Green City Clerk and -officio Clerk of the City Council of the City, of (Huntington Beach , California RESOLUTION NO. 3237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 3220 RELATING TO A COMPENSATION PLAN RESOLVED that Resolution No. 3220 is hereby amended by amending the salary range of the City Attorney from Range 79 to Range 82, and that such amended salary range shall be effec- tive as of September 1, 1970 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of November, 1970 . Mayor ATTEST: APPROVED AS TO PORM: City Attor=n Res. No. 3237 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : S CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES , the duly elected , qualified and acting 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 more than a majority of all the members of said City Council at a .regular meeting thereof held on the 2nd day of November 1.9 70 by the following vote : AYES : Councilmen: Gibbs , Bartlett, McCracken, Green, Matney, Coen, ip ey NOES: Councilmen: None ABSENT: Councilmen: Noiie Cit erk and -officio Clerk of the City Council of the City of Huntington Beach , California a �aCITY OF HUNTING HUNTINGTON BEACH CA 76- 194 '2 COUNCIL - ADMINISTRATOR COMMUNICATION HIINTINGTON BEACH To Honorable Mayor and From Floyd G . Belsito , City Council Members City Administrator Subject RESOLUTION NO. 4369- - Date December 1, 1976 (COMPENSATION FOR CITY ATTORNEY) 1 On November 8 , 1976 , the City Council adopted Resolution No. 4353 providing for compensation and benefits for Department Directors and the Assistant City Administrator (excluding the City Attorney) . The exclusion of the City Attorney was for the purpose of allowing Councilman Siebert to meet with Mr. Bonfa to discuss some questions Councilman Siebert had requested of Mr. Bonfa. That meeting has taken place and responses to Mr. Siebert ' s questions have been provided to the City Council . Therefore , attached for your approval is Resolution No . 4369 which amends Resolution No . 4353 as it relates to the compensation for the City Attorney. It must be noted that the recommendation as it relates to the City Attorney is identical to that recommendation which was pre- viously approved by the City Council relating to Department Heads , the Assistant City Administrator and the City Administrator. The recom- mended increase is based upon surveys of comparable cities and consumer price index cost of living data. The ,p-asition clearly justifies the recommended increase based upon the data obtained by the Personnel Delia rtment . RECOMMENDATION "I')aerefore , 1 would recommend that the City Council approve Resolution No . 4369 placing the City Attorney' s position at Range 640 . and amending Resolution No. 4353. Respectfully submitted, Floyd Belsito, City dministrator VGB : p Attachment 1 0 s Page #14 - Council Minutes - ' ?./6/76 RES. N0. 4379 - ADOPTED - AHFP - SAYBROOK LANE - "A RESOLUTION OF .THE COUNCIL OF ,THE. CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY.FINANCING PROGRAM THE DEVELOPMENT OF SAYBROOK LANE. " RES. NO. 4380 - ADOPTED - AHFP - MAIN AND GOTHARD STREETS - "A RESOLUTION OF THE COUNCIL OF THE CITY OF HUNTINGTON. BEACH REQUESTING THF.. COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MAIN AND GOTHARD STREETS. " AS NO. 4369 - FAILED - CITY ATTORNEY'S SALARY - The City Clerk presented Resolution V No. 4369 for a reading by title- "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO, 4353." Prior to a motion being made on Resolution No. 4369, considerable discussion was held between Councilman Siebert and the. City Attorney relative to the City Attorney's salary increase. Following a reading by title, a motion was made by Coen, second Bartlett to waive further reading and adopt Resolution No. 4369. The motion failed on the following tie vote: AYES: Bartlett, Coen, Wieder NOES:, Pattinson, Siebert, Shenkman ABSENT: ,. Gibbs GRAHAM FIRE STATION SITE - PROPERTY PURCHASE APPROVED - _(CA 76-192) The City Clerk presented a communication from the City Administrator regarding long range plans for the -construction of a new fire station on Graham Street, north of Edinger Avenue, when the fire protection problems and needs develop in the northwest and Bolsa Chica sections of the City. On motion by Coen, second Pattinson, Council approved purchase by the City of Lot_ 37 of Tract 8746 in the amount of $35,588 - budgeted as Revenue Sharing Priority 4 as of January 1, 1977 - said contract would be consummated the first week of January. Motion carried unanimously. SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sunset Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of- the Sunset Heights neighborhood park site by excluding the previously approved 1 . 75' acres of .small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or . 92 .acres) and the Evelyn Miller parcels (l. acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs 13 December 1976 TO: Honorable Mayor and City Council FROM: City Attorney SUBJECT: Across-the-board Salary Increase for City Attorney ' s Position — Resolution No . 4391 Transmitted The vote on Resolution No . 4369 , taken at the Council meeting of December 6, 1976 (a 3-3 tie ) , was invalid and void because it was taken in violation of subsection (3 ) of Section 11 of Resolution No . 4339 which provides in relevant part : "In the event the City Council rejects the rec- ommendation of the City Administrator, the City Administrator and the person concerned shall have the opportunity to appear before and be heard by the City Council, with respect to which the person concerned shall have the same rights as enumerated in subsection (1 ) of this section, prior to the determination by the City Council of such matters . " The hearing referred to must be held in public but is not a public hearing. This is a due process requirement and is jurisdictional . Inasmuch as the Council by a 3-3 tie vote- re- jected the recommendation of the City Administrator, which was to grant the across-the-board salary increase routinely granted to eleven department heads, the City Administrator and the Assistant City Administrator, and no opportunity was given to the City Administrator and the City Attorney to be heard by the City Council to present "relevant data and information" which must be received and considered by the City Council, prior to the vote, the vote on Resolution No. 4369 was invalid and void. Further, the vote taken on Resolution No . 4369 on December 6, 1976 was 3-3 tie, and thus not a fair. test . A true and fair test should. be made when a full Council is present to vote . Therefore , I request .that transmitted Resolution No. 4391 be presented to the City Council at i.ts .December 20, 1976 meeting, and if all seven Council members are present , :it should be voted on at such meeting. In the event not all seven. Council members are present , the resolution should be continued to a meeting when Memorandum to I gable Mayor .-,nd City Cou. 1 13 December 1976 Across-the-Board' Salary Increa!:>e for City Page 2 Attorney all seven Council members are present to vote . Prior to the vote, the City- Administrator and the City Attorney shall present rele- vant evidence on the salary matter in accordance with subsection (3 ) of Section 11 of Resolution No . 4339 . Such presentation should take no more than five minutes . Council is reminded that action on transmitted Resolution No . 4391 is governed by Resolution No . 2783 which provides in relevant part : "The City Attorney shall have all salary benefits applicable to any other city employee, including, but not limited to, retirement and health benefits , life insurance, workmen' s compensation and all other fringe benefits including cost-of-living; increases received by other city employees . Emphasis added . ) as well as subsection (.5 ) of Section ll .of Resolution No . 4339 which provides : "The purpose of this section is to determine sal- ary and other adjustments for a position without regard to the individual occupying such position. " (Emphasis added . Council is respectfully reminded that in view of the testimony of the Personnel Director and the City Administrator that the po- sition of City Attorney is clearly entitled to this across-the- board increase, the granting of the increase is non-discretionary and is simply a ministerial act mandated ,b,y both Resolutions No. 2783 and 4339. Therefore, should the City Council fail to adopt transmitted Resolution No. 4391, it will be abusing its dis- cretion by ,violating both Resolutions No . 2783 and 4339 • Council is further reminded that the salary increase is the same across-the-board increase granted to eleven other department heads, the City Administrator and . the Assistant City Administrator, and is .based on objective data, namely, survey of comparable cities, cost of living data, and the maintaining of internal relationships . The increase is not based on "merit" or ".performance . " City Administrator Belsito .has stated that. he did not evaluate the per- formance of any department head . Therefore, it would not, only be illegal and an abuse of discretion to consider "merit" or "per- formance" of the incumbent in the case of the City Attorney, but would .also be discriminatory, unjust and inequitable . Mtmor«ndum to I gable Mayor �.nd City Cou 1 1.3 December 1976 Across-the-Boaru Salary Increa,_;e for City Page 3 Attorney I am gratified that Mayor Wieder and Councilpersons Bartlett and Coen perceived the real issue in this matter and voted to adopt the salary resolution on _December 6, 1976 with a sense of respect for the governing laws , and not upon the basis of pas- sion or politics . I trust Councilperson Gibbs will join with them to put an end to the petty turmoil and political bickering over this matter by voting to adopt transmitted Resolution No. 4391 . RECOMMENDED ACTION: To accept the recommendation of the City Administrator and the Mayor and adopt Resolution No. 4391 . Respectfully submitted, DON P .. BONFA City Attorney DPB:ahb !t RESOLUTION N0 . 14391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 4353 IT IS HEREBY RESOLVED by the City Council of. the City of Huntington Beach that pursuant to Section 11 of Resolution No. 3335, as amended, Article I of Resolution No . 4353 is amended to include the following: Job No. Title Range 0113 City Attorney 640 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 197 Mayor ATTEST: APPROVED AS TO FORM: City Clerk ssista �City Att me REVIEWED AND APPROVED INITIATED AND. APPROV S TO CONTENT: City Administrator Mayor WSA:ahb RESOLUTION NO. 4339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE EMPLOYER- EMPLOYEE RESOLUTION BE IT RESOLVED by the Huntington Beach City Council that Section 11 of Resolution No . 3335, as amended by Resolution Nos . 3461, 4054 and 42.75, is hereby amended to read as follows : SECTION 11 PERSONS NOT IN UNITS Employees not included within an appropriate unit and, therefore, not represented by a recognized employee organiza- tion and elected department heads shall have their base salary ranges, fringe benefits and other terms and conditions of employment , insofar as such do not conflict with the City Charter, determined in accordance with the following procedure : (1 ) Not less than one month prior to the time the annual City budget is presented to the City Council for adoption, the City Administrator shall assemble relevant data and information pertinent to the matters encompassed by this section and shall. discuss such data and information with the persons concerned who shall have the right to present to the City Administrator relevant data and information which shall be duly received and considered by the City Administrator. (2 ) The City Administrator shall then present in written and oral form such relevant data and information to the City Council as the Council may desire . (3 ) After duly considering all relevant data and infor- mation received by it , the City Council shall by resolution determine the matters with which this section is concerned . Such determination shall be based on relevant data and infor- mation. In the event the City Council rejects the recommenda- tions of the City Administrator, .the City Administrator and the person concerned shall have the opportunity to appear before and be heard by the City Council, with respect to which the person concerned shall have the same rights as enumerated in subsection (1) of this section, prior to the determination by the City Council of such matters . 1 . er (1I ) All salary and other adjustments made pursuant to this section shall be effective as of July 1 of each year unless other provision is made, and the funding thereof shall be in- cluded in the City' s budget . (5 ) . The purpose of this section is to determine salary and other adjustments for a position without regard to the individual occupying such position. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the lst day of November, 1976 . ATTEST Mayor City Clerk REVIEWED A14D APPROVED: APPROVED AS TO F RM: ty Administrator LLIAM S AMSBARY, A istant CI Attorney INITIATED AND APPROVED AS TO CONTENT: 2 . . Kes. _No. +s3'- S1'A'rE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of .all the members of said City Council at a regular meeting thereof held on the lst day of November , 19 76 , by the following vote: AYES: Councilmen: Bartlett, Coen,. Gibbs, Wieder NOES: Councilmen: Siebert ABSENT: Councilmen: Pattinson, Shenkman C, City Clerk and ex-officio Clerk, of the City Council of the City of Huntington Beach, California O y $ CA 76-G . 1 - 5- December 16, 1976 ITEMS FOR CITY COUNCIL INFORMATION ONLY 1 . Vehicle Use Grievance Status Report - Enclosed for your information is a memorandum from Edward Thompson providing a status report on the vehicle use grievance . I would like to discuss this matter with you in Executive Session at the December 20, 1976 meeting . 2. Salary Increase-City Attorney - Enclosed is a communication from Don Bonfa , City Attorney, regarding a proposed increase for the City Attorney' s position. The resolution accompanying this communication can only be introduced when all. seven members of the City Council are present . This may be brought up as an Administrative Item at the discretion of the City Council . I will be discussing this matter in more detail with you by telephone prior to Monday evening . 3 . Legal Services-Personnel - On December 9th I sent to you a memorandum from Ed Thompson, Director of Personnel and Labor Relations , indi - cating the need for the City to obtain legal support in specific personnel areas . As stated in the December 9th communication , I would like an opportunity to discuss this matter with the City Council in Executive Session at the December 20th meeting in order to get your direction on this matter. Awk 4 . I would also like an opportunity to discuss with the City Council the resolution relating to Art DelaLoza ' s wage and fringe, benefits . CA 76-G . 2 - 3- December 30 , 1976 W ITEMS FOR CITY COUNCIL INFORMATION ONLY 1 . City Attorne Salary Increase - The December 16 , 1970 CA made reference t-- o tie vote taken y tle City Council on the resolution affecting the City Attorney ' s salary . A memorandum from the City Attorney states that the action is invalid and void because it was not in keeping with Section 11 of the Personnel Rules . The City Council was advised by the City Administrator that the matter would not be placed on the City Council Agenda until a member of the City Council so requested. Since the matter was not discussed at the December 20th meeting , I would like to advise you that the City Attorney has , once again, re- quested that thematter be taken up at the January 3rd meeting . It appears that there is some doubt , or at least disagreement , over the prior Council action. Therefore , I respectfully request that the matter be discussed at the January 3rd meeting and resolved once and for all. . We will be prepared to discuss the matter should any member of the City Council wish to pursue it . 2 . O' Connor Grievance - I have attached a memorandum from City Attorney Don Bonfa relating to the Council ' s action of December 20th on the O' Connor grievance matter . 3 . PFC Actions - With reference to item # 10 in my CA, I would request that the City Council accept the cost for the cathodic protection device in view of the PFC action to waive past administrative costs . Any further discussions on this matter would only tend to perpetuate more disagreement between the City Council and the PFC.