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HomeMy WebLinkAbout2017-32 - Modifying the Salary Range for the City Clerk and Establishing Auto Allowances for the City Manager, City Attorney, and City ClerkRESOLUTION NO. 2017-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, MODIFYING THE SALARY RANGE FOR THE CITY CLERK AND ESTABLISHING AUTO ALLOWANCES FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK WHEREAS, Newport Beach Municipal Code Section 2.28.010 authorizes the City Council of the City of Newport Beach ("City Council") to establish terms of employment, including compensation and benefits, for City of Newport Beach ("City") employees; WHEREAS, the City Council previously adopted Resolution No. 2016-35 which, among other things, revised the salary range for the City Clerk, a non -represented Executive Management employee; WHEREAS, the City desires to provide the City Clerk a base wage increase; WHEREAS, there is insufficient movement available from the current salary for the incumbent City Clerk to advance in the salary range for her position for the desired base wage increase amount; WHEREAS, in order to provide the desired base wage increase for the City Clerk, the salary range for her position needs to be increased; WHEREAS, the City Council desires to modify the current salary range for the City Clerk by increasing the minimum and maximum amounts of the current salary range of the City Clerk by one percent (1 %) each to provide sufficient movement for the incumbent City Clerk to advance in the salary range for her position for the desired base wage increase amount; WHEREAS, the City Council previously adopted Resolution No. 2016-13, the Key and Management Compensation Plan, establishing compensation and benefit terms for certain unrepresented employees, which are divided into five categories — Executive Management, Administrative Management, Administrative Management -Safety, Division Management, and Confidential employees; WHEREAS, the Key and Management Compensation Plan provides for a limited auto allowance between two hundred dollars ($200) and four hundred dollars ($400) per month for Executive Management and Administrative Management employees based on operational necessity; WHEREAS, the auto allowance for the City Manager and City Attorney is five hundred dollars ($500) per month, and the auto allowance for the City Clerk is two hundred dollars ($200) per month, as stipulated in their respective Employment Agreements; and Resolution No. 2017-32 Page 2 of 3 WHEREAS, to ensure there is no ambiguity or conflict between the governing documents concerning auto allowance for the City Manager, City Attorney, and City Clerk and the Key and Management Compensation Plan, while still acknowledging that Sections 500 and 600 of the Charter of the City of Newport Beach expressly provide that the City Manager, City Attorney, and City Clerk directly serve at the pleasure of the City Council and are therefore bound by the terms of their respective Employment Agreements, the City Council desires to authorize auto allowances as set forth in the body of this resolution. NOW, THEREFORE, the City Council of the City of Newport Beach does resolve as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The salary range for the City Clerk shall be $98,003 to $147,005 annually. Section 3: The auto allowance for the City Manager and City Attorney shall be five hundred dollars ($500) per month. Section 4: The auto allowance for the City Clerk shall be two hundred dollars ($200) per month. Section 5: Any resolution or action in conflict herewith, whether by minute action or resolution of the City Council heretofore approved, is hereby repealed. Section 6: The City's Salary Schedule shall be modified to be consistent with this resolution. Section 7: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 8: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 9: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 251h day of April, 2017, ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron City Attorney Kevin Mu Mayor , Resolution No. 2017-32 Page 3 of 3 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2017-32 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 25th day of April, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Diane Dixon, Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Will O'Neill IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of April, 2017. r Leil ni I. rown City Clerk Newport Beach, California (Seal)