HomeMy WebLinkAbout18 COUNCIL SALARY ADJ 03-21-05
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AGENDA REPORT
Agenda Item 18
Reviewed: ~
City Manager -IÆ1tI- "
Finance Director ~
MEETING DATE: MARCH 21, 2005
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
CITY ATTORNEY
SUBJECT:
CITY COUNCIL SALARY ADJUSTMENT
SUMMARY:
In accordance with Government Code Section 36516, city councilmembers' monthly
salaries may be adjusted each calendar year by up to 5%. Per Govemment Code
Section 36516.5, the new salary is not applicable until after the next councilmember
election. The last salary adjustment, increasing a councilmember's salary to $675.00,
became applicable after the election of November 7, 2000.
DISCUSSION:
The City Council last adopted a salary adjustment in 2000 adjusting city
councilmembers' salaries to $675.00. Under Government Code Section 36516(c), the
salary may be adjusted by an amount equal to 5 percent for each calendar year "from
the operative date of the last adjustment of the salary in effect when the ordinance or
amendment is enacted".
However, the new salary is not applicable until after the next council member election.
Government Codes Section 36516.5 provides:
A change in compensation does not apply to a councilman during
his term of office; however, the prohibition herein expressed shall
not prevent the adjustment of the compensation of all members of a
council serving staggered terms whenever one or more members of
such council becomes eligible for a salary increase by virtue of his
beginning a new term of office.
With a 5% per calendar year adjustment from the "operative date" of the last
adjustment, which is thirty (30) days after adoption of the ordinance authorizing the last
adjustment, a councilmember's salary will increase from $675.00 to $861.49, after the
start of new terms of office in November 2006.
196292.2
January 10, 2005
RECOMMENDATION:
Introduce an ordinance increasing council member salaries from $675.00 to $861.49, as
permitted by law.
ATTACHMENTS:
Clean Copy of the Ordinance
Black-lined Copy of the Ordinance
ji
~~.~~
LOIS E. JEFF
cc:
William A. Huston, City Manager
196292.2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING A SALARY
ADJUSTMENT FOR MEMBERS OF THE CITY COUNCIL,
TO BE APPLICABLE UPON THE START OF NEW TERMS
OF OFFICE IN NOVEMBER 2006
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 council members in cities with over 50,000 in population and up to and including
75,000 in population.
B. Government Code Section 36516 permits a salary increase of 5% for each
calendar year "from the operative date of the last adjustment of salary in effect when the
ordinance is enacted". Since 1992, councilmember salaries have been adjusted one
time.
C. The operative date of the last adjustment was February 17, 2000. At that
time the City Council approved a salary adjustment, setting the salary at $675.00. The
new salary permitted by law is $861.49.
SECTION 2.
SALARY ADJUSTMENT
Upon the seating of new Council members after the general municipal election in
November 2006, Councilmember salaries shall be $861.49.
SECTION 3.
CODE AMENDED
Chapter 3, Section 1303 of the Tustin City Code entitled "Compensation of
Members", is hereby amended in its entirety as set forth below:
1303 COMPENSATION OF MEMBERS
Members of the City Council shall be paid and receive as
compensation, a salary of eight hundred and sixty-one dollars and forty-
nine cents ($861.49) per month.
196288.3
SECTION 4. Upon the effective date of this Ordinance, the provisions hereof
shall supersede any inconsistent or conflicting provisions of the Codified Ordinances of
the County of Orange, or other relevant Orange County non-codified Ordinances, as the
same were adopted by reference by City Ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of
thi$ 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 anyone 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 March, 2005.
LOU BONE, Mayor
PAMELA STOKER, City Clerk
196288.3
2
STATE OF CALIFORNIA ¡
COUNTY OF ORANGE ss.
CITY OF TUSTIN
ORDINANCE NO.
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City
of Tustin, California, does hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Ordinance No.
- was duly and passed and adopted as an urgency ordinance at the regular
meeting of the City Council held on the - day of , 2005, by the
following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, City Clerk
Published:
196288.3
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING A SALARY
ADJUSTMENT FOR MEMBERS OF THE CITY COUNCIL,
TO BE APPLICABLE UPON THE START OF NEW TERMS
OF OFFICE IN NOVEMBER 2006
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
confomnance 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 council members in cities with over 50,000 in population and up to and including
75,000 in population.
B. Government Code Section 36516 permits a salary increase of 5% for each
calendar year "from the operative date of the last adjustment of salary in effect when the
ordinance is enacted". Since 1992, councilmember salaries have been adjusted one
time.
C. The operative date of the last adjustment was February 17, 2000. At that
time the City Council approved a salary adjustment, setting the salary at $675.00. The
new salary permitted by law is $861.49.
SECTION 2.
SALARY ADJUSTMENT
Upon the seating of new Council members after the general municipal election in
November 2006, Council member salaries shall be $861.49.
SECTION 3.
CODE AMENDED
Chapter 3, Section 1303 of the Tustin City Code entitled "Compensation of
Members", is hereby amended in its entirety as set forth below:
1303 COMPENSATION OF MEMBERS
Members of the City Council shall be paid and receive as
compensation, a salary of ~ hundred and ee'lenty fi'..e~
dollars ~and fortv-nine cents ($861 49) per month.
llli.M L..
1
SECTION 4. 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 5. 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 anyone 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 At*iI~ 2005.
LOU BONE, Mayor
PAMELA STOKER, City Clerk
lWaa.L_. - -- ----------.-.--------2
STATE OF CALIFORNIA ¡
COUNTY OF ORANGE ss.
CITY OF TUSTIN
ORDINANCE NO.
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City
of Tustin, California, does hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Ordinance No.
- was duly and passed and adopted as an urgency ordinance at the regular
meeting of the City Council held on the - day of , 2005, by the
following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Published:
¡O""'L__._- ------ ----------.------------------_3.
PAMELA STOKER, City Clerk