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MTG. 7/8/86 CITY COUNCIL SALARIES
DEPT. CA
RECOMMENDED ACTION:
If the City Council concurs, your action is to introduce
Ordinance No. /� e?
ITEM EXPLANATION
DEPT. HD."=
CITY ATTY
CITY MGR.
State law provides for a 5% per year increase in council
salaries. A memorandum explaining the law and some other
available options is attached. If the Council wishes to
make the adjustment in salary allowed by state law, your
action is to introduce Ordinance No. _2 If the
Council contemplates any of the other options discussed in
the memorandum you should direct us as you consider
appropriate.
FISCAL IMPACT
Minimal
EXHIBITS
Ordinance No.
Memorandum dated May 71 1986
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ORDINANCE NO. 1289
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 $415.00 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 $42.00 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
$457.00 per month payable at the sama 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 8th day of July
1986, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 15th day of July , 1986, by
the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
d&z�� 0�j a
ALETHA L. RAUTENKRANZ, City C erk
MARY H. CASLER, Mayor
May 7, 1986
TO: Mayor and City Council
FROM: City Attorney
CITY COUNCIL SALARIES
Government Code Sectioa 26516 provides for City Council salaries
the amount of which is determined by a schedule based on
population. In cities over 50,000 up to and including 75,000 in
population the salary is $500 per month. Municipal Code Section
2.04.010 sets the current City Council salary at $415 per month.
The City Council may adopt an ordinance amending that section to
increase City Council salaries provided the City's new population
can be verified. In that regard, Section 36516 requires that the
number must be determined by the "...last proceeding federal
census or a subsequent census, or estimate validated by the
Department of Finance." By a copy of this memorandum I am
suggesting the City Manager take the steps necessary to verify
that the City's population is in excess of 50,000 in accordance
with Section 36516.
The special authorization to increase City Council salaries
immediately expires December 31, 1986 and Section 36516.6 is
repealed on January 1, 1987. That means if we are not able to
verify the new population and get the ordinance adopted prior to
the end of the year Council may have to wait until after the 198'8
election to adopt the $500 salary.
General law prohibits any change in compensation for members of
the City Council during their term of office. In years past that
has meant that the annual five percent salary increase provided
for in the Government Code could not be effective until a new
City Council was seated after the municipal election. Assembly
Bill 387, Chapter 98, Statutes of 1985 provides a one time
special exception. The bill was adopted as an urgency measure to
implement legislation enacted in 1984 which increased the salary
limits provided in Section 36516. The bill added Section 36516.6
to the Government Code. It applies to the City of Carlsbad and
authorizes the City Council to adopt an ordinance which can be
effective immediately implementing Section 36516. Since the City
may now have moved into a new population category it is my
opinion that if the City Manager verifies the population figure
the Council may adopt an ordinance increasing Council salaries to
$500 effective now.
Council may recall that it has bee.. -he practice of our office
in the months proceeding the regular municipal election to
remind the Council of the law which provides for a 5% annual
increase in Council salaries. Pursuant to Government Code
-2-
Section 36516(c) the Council is eligible for a 5% increase in
the present $415 salary for calendar years 1985 and 1986. This
amounts to a total increase of $42 and would be effective as
soon as a new council is seated after the November election. If
the population requirement is met it is my opinion that the City
Council would be eligible for the $42 increase in addition to
the new $500 salary. We will prepare and docket an ordinance in
that regard as soon as the Manager determines the population.
For the City Council the only alternative to the salary schedule
are the provisions of 936516(b) which authorizes the Council to
submit the amount of Council compensation to the electors. If a
majority vote in favor the Council may receive the salary
specified. in the documents calling the election.
Carlsbad elects its mayor pursuant to Sections 34900 to 34904 of
the Government Code. Section 36516.1 authorizes compensation for
an elected mayor in addition to that received as a council
member. Such additional compensation may be established by City
Council ordinance or by a majority vote of the electors. At the
present time the municipal code provides for an additional
compensation of $100 per month for the Mayor. If the City
Council wishes to consider any change in that regard that should
also be considered in late summer along with the 5% annual
adjustment in Council salary so they both could go into effect
when the new mayor and council are seated after the November
election.
As soon as we have heard from the Manager on the population
verification we will prepare the necessary ordinance. We have
diaried our calendar for July 1 to present the annual increase
and the issue of the mayor's compensation to the Council for
your consideration. If you have any questions or concerns
please let me know.
VINCENT F. ONDO, JR.
City Attorney
rmh
cs City Manager
Finance Director
Assistant City Manager Patchett