HomeMy WebLinkAbout1984-07-17; City Council; 6857-1; City Council Salariestr�
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ORDINANCE NO. 1272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 2, CHAPTER
2.04. OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTION 2.04.010 TO INCREASE THE
COMPENSATION OF THE MAYOR AND MEMBERS OF THE
CITY COUNCIL.
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: Title 2, Chapter 2.04 of the Carlsbad
Municipal Code is amended by the amendment of Section 2.04.010
to read as follows:
"2.04.010 Compensation. Each member of the City
Council shall receive as salary the sum of $358.00 per month as
authorized by Section 36516 of the Government Code for cities
over 35,000 and up to and including 50,000 in population and, by
previously adopted ordinances authorized by Section 36516.2 of
the Government Code, plus the sum of $57.00 month, representing
an increase of 5% per year for each calendar year from the
operative date of the last adjustment of salary, for a total of
$415.00 per month payable at the same time and in the same
manner as salaries are paid to other officers and employees of
the City.
The salaries established by this section are exclusive
of any amounts payable to each member of the City Council as
reimbursement for actual and necessary expenses incurred in the
performance of official duties for the City.
This section shall become opertive only on and after
the date upon which one or more members of the City Council
become eligible pursuant to Section 36516.5 of the Government
Code for a salary increase by virtue of beginning a new term of
office following adoption of this section."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 24th day of July
1984, and thereafter.
I-ASSED AND ADOPTED at a regular meeting of said City
Council. held on the 7th! day of August , 1984, by
the following vote, to wit:
AYES: Council Members Casler, Lewis, Chick and Prescott
NOES: NOne
ABSENT: Council Member Kulchin
MARY Ho SLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City) Clerk
DATE: May 29, 1984
TO: Mayor and City Council
FROM: City Attorney
CITY COUNCIL SALARIES
For the last eleven years it has been our practice in December
preceding election years, to remind the Council of the law which
provides for a 5% annual increase in council salaries. That date
was appropriate to allow the ordinance to be adopted in time to
go into effect when the new council was seated in April. Since
our municipal elections are now held in November the memo which
otherwise would have been sent in December 1983 was held back for
six months. From now on, we will diary it for June in the even
numbered years.
The current council salary of $358.00 per month was set by
Ordinance 1243 in January of 1982. Pursuant to Government Code
Section 36516.2,• the Mayor and all members of the City Council
are eligible foz a 5% increase in salary for 1982, 1983 and 1984.
This amounts to a total increase of $57.00 per month and a new
salary of $415.00.
Government Code Section 36516.5 provides that the ilLcreases in
salary may not be effective until someone begins a new term on
the Council, which will occur in November 1984. If the Council
wishes to pursue this matter further the attached ordinance which
we have prepared should be introduced.
The Municipal Code also provides for a salary of $100.00 per
month for the Mayor, which is in addition to her City Council
salary. If the Council wishes to consider any adjustments to
Municipal Code Section 2.04.040, which provides for the Mayor's
salary, that should be accomplished as a part of the Council's
salary ordinance and you should instruct us to add the necessary
section to the ordinance.
There is some new law on council salaries, AB 2281, which will
not be effective until January 1, 1985. A copy of the bill is
attached. It raises the basic salary for cities of our size
(35,000 to 50,000) from $200 to $400. Since the Council's salary
as a result of the annual adjustment will already exceed that
amount it appears the new law will not change anything in
Carlsbad. It has been suggested by some city attorneys that the
new law would allow the Council to retain the total amount of
adjustments ($215 in our case) and add that to the new basic
salary. At least one city council in our county will be
presented with that option. If the Council wishes to consider
that you should instruct us to revise that part of the ordinance
which would be effective on January 1, 1985.
L%
If any member of the
further, it would be
prepare the documents
consideration at your
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attachment.
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Council wishes this matter discussed
appropriate to let us know and we will
and place them on the agenda for Council
first meeting in June.
VINCENT F. BIONDO, JR.
City Attorney
AMENDED IN SENA fE APRIL 10, 1984
AMENDED IN SENATE MARCH 29, 1984
AMENDED IN ASSEMBLY FEBRUARY 29, 1984
CALIFORNIA LEGISLATURE-IM-M REGULAR SESSION
ASSEMBLY BILL No. 2281
Introduced by Assembly Members Hauser, Frazee, Cortese,
Farr, Killea, and Sebastiani
January 5, 1984
An act to amend Section 36516 of, and to repeal Sections
36514 and 36516.2 of, the Government Code, relating to local
government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2281, as amended, Hauser. Local government.
Existing law authorizes a city council to enact an ordinance
to provide for salaries for city council members within
specified dollar limitations. Ftg law
aether4zeq these sa6riee to be set by the vete" ift a 46Pl
eleetiert:
This bill would change these dollar amounts, and would
remeve the eleefieft R' enwtt4 It. wetAd alga validate certain
past and future payfwt€ payments of compensation to
council members.
Vote: majority. Appropriation: no. Fiscal committee- no.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 36514 of the Government Code
2 is repealed,
3 SEC. 2. Section 36516 of the Government Code is
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1 amended to read:
2 36516. (a) A city council may enact an ordinance
3 providing that each member of the city council shall
4 receive a salary, the amount of which shall be determined
5 by the following schedule:
6 (1) In cities up to and including 35,000 in population,
7 up to and including three hundred dollars ($300) per
8 month;
9 (2) In cities over 35,000 up to and including 50,000 in
10 population, up to and including four hundred dollars
11 ($400) per month;
12 (3) In cities over 50,000 up to and including 75,000 in
13 population, up to and including five hundred dollars
14 ($500) per month.
15 (4) In cities over 75,000 up to and including 150,000 in
16 population, up to and including six hundred dollars
17 ($600) per month.
18 (5) In cities over 150,000 up to and including 250,000 in;
19 population, up to and including eight hundred dollars
20 ($800) per month.
21 (6) In cities over 250,000 population, up to and
22 including one thousand dollars ($1,000) per month.
23 For the purposes of this section the population shall be
24 determined by the last preceding federal census, or a
25 subsequent census, or estimate validated by the
26 Department of Finance.
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32 (b) .Atanymunicipal election, the question of whether
33 city council members shall receive compensation for
34 services, and the amount of compensation, may be
35 submitted to the electors If a majority of the electors
36 voting at the election favorit, all of the council members
37 sh,dl receive the compensation speeded in the election
38 call Compensation ofcouncil membersmay be increased
39 beyond the amount provided in this section or decreased
40 below the amount in the same manner.
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-3— ALB 2281
(c) Compensation of council members may be
increased beyond the amount provided in this section by
an ordinance or by an amendment to an ordin^ ce but
the amount of the increase may not exceed 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. No
salary ordinance shall be enacted or amended which
provides for automatic future increases in salary.
(d) Any amounts paid by a city for retirement, health
and welfare, and federal social security benefits shall not
be included for purposes of determining salary under this
section provided the same benefits are available and paid
by the city for its employees.
SEC. 3. Section 36516.2 of the Government Code is
repealed.
SEC. 4. In enacting this act it is the intent of the
Legislature in the repeal of Sections 36514 and 36516.2,
and in the amendment of Section 36516, of the
Government Code relating to the salaries of city council
members not to invalidate the payment of compensation
to city council members approved by the electorate
before January 1, 1985, as those sections existed before
that date. Any past or future payment of compensation
pursuant to those sections is hereby confirmed, validated,
and declared legally effective.
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