HomeMy WebLinkAbout21 COUNCIL SALARIES 12-06-99 LAW OFFICES OF
V~'7OODRUFF~ SPRADLIN ,~
A PROFESSIONAL CORPORATION
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NO. 21
12-06-99
MEMORANDUM
DIRECT DIAL: (714) 564-2607
DIRECT FAX: (714) 565-2507
E-MAIL: LEJ(~WSS-LAW.COM
TO:
FROM:
DATE:
RE:
William A. Huston, City Manager
City of Tustin
City Attorney
November 30, 1.999
Ordinance Providing for an Adjustment in City Council Salaries to be
Effective in November, 2000
RECOMMENDATION:
Pleasure of the City Council.
DISCUSSION'
Government Code Section 36516 .establishes base salaries for City
Councilmembers in accordance with population. Tustin Councilmembers currently
receive $500 per month, which is the applicable base salary for councilmembers in
cities over 50,000 in population, up to and including 75,000 in population.
Compensation of councilmembers may be increased beyond the statutory
formula, but the amount of the increase may "not exceed an amount equal to 5% for
each calendar year from the operative date of the last adjustment of the salary in effect
when the ordinance or amendment is enacted." If the City Council wishes to adopt a
5% increase per calendar year, the calendar year measurement would start with April
21, 1992, which was the operative date of the last adjustment in City Council salaries.
Accordingly, an increase for seven calendar years would be permissible. The
Government Code does not provide any guidance on the precise methodology of
calculation. It is our opinion that pursuant to Government Code Section 36516, the City
Council salary may be adjusted to $703.53. Such an adjustment, if approved, would not
go into effect until November, 2000, after new Councilmembers are seated.
LOIS E. JEFFRE'¢-/ ~-" ~," ~)
Enclosures
cc: Ronald Nault, Finance Director
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ORDINANCE NO. i227
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING A SALARY
ADJUSTMENT FOR MEMBERS OF THE CITY COUNCIL, TO
BE OPERATIVE UPON THE START OF NEW TERMS OF
OFFICE IN NOVEMBER 2000
The City Council of the City of Tustin hereby ordains as follows'
SECTION 1.
FINDINGS
A. Councilmember salaries were established in 1992 at $500 per month in
conformance with Government Code Section 36516. That section sets base salaries for
city councils based on city population. The $500 per month is the applicable base salary
for councilmembers in cities with over 50,000 in population and up to and including 75,000
in population.
B. For purposes of Government Code Section 36516, the operative date of the
last adjustment of salary was April 21, 1992. This was the operative date of the City
Council's salary ordinance that was adopted July 1, 1991.
C. Government Code Section 36516 permits an increase of 5% for each
calendar year from April 21, 1992. The salary permitted by law is $703.53.
SECTION 2.
SALARY ADJUSTMENT
Upon the seating of new Councilmembers after the general municipal election in
November 2000, Councilmember salaries shall be $703.53.
SECTION 3. Upon the effective date of this Ordinance, the provisions hereof
shall supersede any inconsistent or conflicting provisions of the Codified Ordinances of the
County of Orange, or Other relevant Orange County non-codified Ordinances, as the same
were adopted by reference by City Ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Tustin hereby declares
that it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this day of ,1999.
TRACY WILLS WORLEY, Mayor
PAMELA STOKER, City Clerk
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