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HomeMy WebLinkAbout2010/12/07 Item 8 CITY COUNCIL AGENDA STATEMENT '4~h ;t ~ CnYOF - - - - CHULA VISfA DECEMBER 7, 2010 Item ,'2, SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE SALARY OF THE ELECTED CITY ATTORNEY DIRECTOR OF HU~ RESOURCES 113'ii.(J1/ CITY MANAGER .--- ASSISTANT CITY ANAGER ~) ITEM TITLE: 4/STHS VOTE: YES D NO ~ SUMMARY In November of 2008, the residents of the City of Chu1a Vista voted to amend the City Charter to make the Chula Vista City Attorney an elected officer of the City. Based on City Charter Section 503, the City Council must set the compensation for the City Attorney in accordance with the formula established by City Charter Section 503 and Ordinance No. 3147. Pursuant to that formula, the minimum compensation for the City Attorney is $203,688 annually. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIvIty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve physical changes to the environment; therefore, pursuant to Section 15060(C)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council set the actual salary. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 8-1 DECEMBER 7, 2010, Item ~ Page 2 DISCUSSION In November of 2008, the residents of the City of Chula Vista voted to amend the City Charter to make the Chula Vista City Attorney an elected officer of the City. City Charter Section 503 (el provides that the compensation for the elected City Attorney shall be set by the City Council. City Charter Section 503(c) and City of Chula Vista Ordinance No. 3147, which addcd Chapter 2.11 to the Chula Vista Municipal Code, set forth the methodology to establish the compensation for the City Attorney. Using this methodology, the minimum compensation should be $203,688 annually (see attached compensation calculation worksheet). The City Council has the authority to set the annual salary for the elected City Attorney either at or above the minimum based upon the data collected in accordance with Chula Vista City Charter Section 503. The current City of Chula Vista City Attorney salary is $213,679.18. It should be noted that Elected City Attorney Glen Googins has agreed to contribute the 8% employee retirement contribution. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(l ) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT There is no fiscal impact resulting from this action; the budget included for the City Attorney position in fiscal year 20 10-11 is suftlcicnt for the current salary of $213,679. ONGOING FISCAL IMPACT Per the City Chartcr, the salary for the City Attorney shall be updated every February. The fiscal impact will vary depending on salary changes made in the comparison cities. ATTACHMENTS Compensation Calculation Worksheet Prepared by: Kelley Bacon, Director. of Human Resources, Human Resources Department 8-2 Compensation Calculation Worksheet CA Dept. Finance Annual Aqencv Rank Population Title Salary Bakersfield 11 333,719 City Attorney 179,645 (appointed) Riverside 12 300,430 City Attorney 208,668 (appointed) Stockton 13 290,409 City Attorney 198,708 (appointed) Chula Vista 14 233,108 Fremont 15 215,636 City Attorney 248,680 (appointed) Modesto 17 210,088 City Attorney 169,911 (appointed) Glendale 18 207,088 City Attorney 223,740 (appointed) MEDIAN 203,688 Note: The City of Irvine, #16 on the CA Department of Finance list, contracts out their leaal services -- no in-house attorneys. Attachment A - Compensation Calculation Worksheet 8-3 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CIlY OF CHOLA VISTA SETfING THE SALARY OF THE ELECTED CITY ATTORNEY WHEREAS, in November of2008, the residents of the City of Chula Vista voted to amend the City Charter to make the Chula Vista City Attorney an elected officer of the City; and WHEREAS, City Charter Section 503 (c) and City of Chula Vista Ordinance No. 3147, which added Chapter 2. I I to the Chula Vista Municipal Code, require the City Council to set the compensation for the City Attorney and establish the methodology to calculate the minimum compensation for the City Attorney; and WHEREAS, based on City Charter Section 503 and Ordinance No. 3147 the minimum compensation for the City Attorney is established at $203,688 annnally. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of ChuIa Vista does hereby set the salary for the elected City Attorney annually. Proposed by Approved as to form by ~.v@?~n_ IG lley n Directo of Human Resources /f/~ Shawn Hagerty Special Counsel 8-4