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HomeMy WebLinkAbout09 ORDINANCE 1298 04-04-05 AGENDA REPORT Agenda Item --9- Reviewed: ~ City Manager Finance Director ~ MEETING DATE: APRIL 4,2005 FROM: WILLIAM HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK TO: SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1298: 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, 2006. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1298 (roll call vote). FISCAL IMPACT: None at this time. Increase will commence after the start of new terms of office in November 2006. BACKGROUND: On March 21, 2005, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1298 - 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 ( )/þ Kftj!3?if Maria R. Huizar, Chief Deputy City Clerk ATTACHMENT: Ordinance ORDINANCE NO. 1298 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, 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 eight hundred and sixty-one dollars and forty- nine cents ($861.49) per month. SECTION 4. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Codified Ordinances of Ordinance No. 1298 Page 1013 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 4th day of April, 2005. LOU BONE Mayor ATTEST: PAMELA STOKER City Clerk Ordinance No. 1298 Page 2013 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) )SS ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the City Council of the City of Tustin duly held on March 21, 2005, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and was finally passed and adopted not less than five days thereafter on April 4, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk Ordinance No. 1298 Page 3 013