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2015-03-24; City Council; 21904; Amending Section 2.04.010 Compensation of Council
CITY OF CARLSBAD - AGENDA BILL AB# 21,904 INTRODUCTION OF ORDINANCE AMENDING SECTION 2.04.010 OF THE CARLSBAD MUNICIPAL CODE, COMPENSATION OF THE MEMBERS OF THE CITY COUNCIL DEPT. DIREaOR ^ MTG. 03-24-15 INTRODUCTION OF ORDINANCE AMENDING SECTION 2.04.010 OF THE CARLSBAD MUNICIPAL CODE, COMPENSATION OF THE MEMBERS OF THE CITY COUNCIL CITY ATTORNEY DEPT. CM INTRODUCTION OF ORDINANCE AMENDING SECTION 2.04.010 OF THE CARLSBAD MUNICIPAL CODE, COMPENSATION OF THE MEMBERS OF THE CITY COUNCIL CITY MANAGER RECOMMENDED ACTION: Introduce Ordinance No. CS-269, amending Chapter 2.04, Section 2.04.010 ofthe Carlsbad Municipal Code, compensation ofthe members ofthe city council. ITEM EXPLANATION: Background According to Government Code section 36516 the salaries of council members may be increased by an amount not to exceed 5 percent for each calendar year from the date ofthe last adjustment. Although the council can vote to increase salaries at any time, the increase in council members' salaries cannot take effect until at least one council member begins a new term of office per Government Code section 36516.5. However as a charter city, the City Council may establish its own requirements for office, set council salaries and authorize salary increases to take effect on a certain date. The City Council reviewed council salaries at the May 6, 2014 City Council meeting and decided not to adjust salaries at that time. Prior to that, the last action the City Council approved was a salary decrease of five percent in 2009. The current salaries of council members for the City of Carlsbad are as follows: • Mayor - $17,868/year, plus an additional $75 per Community Development Commission meeting (max $150 per month) and $100 per Water Board meeting (max $300/month) • City Council - $16,668/year, plus an additional $75 per Community Development Commission meeting (max $150 per month) and $100 per Water Board meeting (max $300/month) • The Mayor and City Council also receive a monthly vehicle allowance of $450 and $350 respectively As an illustration of a potential increase, council salaries could be increased by 5 percent per year (compounded) from 2009 through 2014, which would result in an annual increase in compensation of 34%, to $22,337 per year for each council member (a $5,669 increase). According to the Carlsbad Municipal Code section 2.04.020, the mayor shall receive additional compensation of one hundred DEPARTMENT CONTACT: Kathy Dodson (760) 434-2820, kathv.dodson@carlsbadca.gov FOR CITY CLERKS USE ONLY. • COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • Page 2 dollars per month in addition to the compensation received as a member ofthe city council. This additional compensation may be amended from time to time by the adoption of an ordinance amending this section. Including the $100 per month increase would increase the mayor's annual salary to $23,537. From 2009 through 2014, salaries of city staff have increased between 15 percent for management employees and 21 percent for the Carlsbad Police Officers Association employees. The Carlsbad City Employees' Association, the largest employee group at the city, has had a gross salary increase of 16 percent during this period. Comparisons The following compares the salaries of Carlsbad elected officials with those of other cities. City Annual Salaries Miscellaneous Additional Benefits Carlsbad Mayor - $17,868 City Council - $16,668 $75 per Community Development Commission meeting (max $150 per month) and $100 per Water Board meeting (max $300/month) and monthly vehicle allowance of $450 and $350 Oceanside Mayor-$32,928 Council members - $30,528 Salary includes auto allowances and stipends for other meetings Vista Mayor-$32,659 Council members - $31,459 $147.75 per Buena Sanitation District meetings (maximum two meetings per month) and $90 per month for cell phone San Marcos Mayor & Council members - $11,732 Car allowance ($300 per month) Escondido Mayor-$62,149 Council members - $27,829 Salary includes auto allowance Encinitas Mayor & council members - $14,232 $350 per month auto allowance Solana Beach Mayor & council members - $8,550 None Del Mar Mayor & council members - $3,600 None Poway Mayor - $17,609 Council members - $14,009 $3,600 annually for mileage and $600 -$900 annually for cell phone FISCAL IMPACT: The fiscal impact will be determined by any action taken. Any fiscal impacts will be accounted for in the budget process. Page 3 ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Citv Council Ordinance No. CS-269 2. Salary & Benefits Offered to the City of Carlsbad Elected Officials 3. Carlsbad Municipal Code Section 2.04.010 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 ORDINANCE NO. CS-269 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 WHEREAS, the voters of the City of Carlsbad at the June 3, 2008 election voted to change the powers and duties ofthe City by adopting a City Charter; and WHEREAS, under the California Constitution, the City Council has plenary authority to legislate matters of local concern notwithstanding general laws to the contrary; and WHEREAS, the compensation of the Mayor and City Council is a matter of ocalconcern; and WHEREAS, the compensation of the Mayor and City Council was last adjusted by Ordinance CS-024 approved on February 17,2009. NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows that: SECTION I: That Carlsbad Municipal Code section 2.04.010 is amended to read as follows: 2.04.010 - Compensation. (1) The compensation of each member of the city council shall be set at ^2,052.17 dollars per month upon the effective date of this ordinance. Adjustments to city council compensation may be made from time to time by ordinance amending this section. (2) The compensation established by this section is exclusive of any amounts payable to each member ofthe city council as reimbursement for actual and necessary expenses incurred in the performance of official duties forthe city. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 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 the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on 24th day of March 2015, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of _, 2015, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBRA ENGLESON, City Clerk (SEAL) EXHIBIT 2 i < o UL O o LU X o a yj OC LU U. LL o H U- UJ z LU m I S5 < o u. u. O o LU H o m •5? •i-i D3 C 0) CD a. o c o CB <!> .2 « Q •£ o E » c o •o 5 O O cs CQ . G.-,; O m 03 CO 5;.; t X cu *-* m e iL <D P- E 0> O 1- CO CO Q)i 0) >s •_ CO Qi- °-co 00 CD CO CD ^.CD^ -r- i CO 0) a. o o CO CO CM CM V- T- cn CO 03 c o 3 c 5 al £ IIJ 1^ .2 © JZ +-> c 0 CO •0 c d) Cb. ' 2 >. CO _ a "0 ^ 1 CO a 00 1 LO in CO CO s o o x: -l-l •*-• CD O S-« W Cfl ffl © 5^ s •5. c c CD CO ja c o O E' 03 03 C O E CO >. c < XI CO 0. CO ' CO cc: UJ CL CO o X3 : T3 0) C T3 r- IN C M a. % o c " 03 -O XJ 03 © c if: eg 03 C TJ ® 5? •a c CO c 03 E 03 TO CD C CO p 2 ® ffl a s < § 5 o CO O 03 O g i3 o S iS 3 >- CO c 03 03 C3< £ 03 Q4 J3 U. c 03 e >> o Cl E 03 C 03 63 -4—' CO -0 CO CM O ^ o O O; O O: CM: in CO tE 03 03 HO 0,0 ^-•^ o o o o cvT CM' 03 o i ico CJ) CO .0 z: 'ti. 03 T5 o d E -TD < 03 £3. CO c: o 'SI o E I 03, E ro EE C o o I £ LU O 05 n +-< c-03 •o c. 03 a a T3 C CD c 03 E 03 03 H E r-l CO CO I o j3 1 o f QL 03 CO CO XI O E 13 O O 0 03 JZ *-> E CD x: 4-* 03 1— O E E O E o o Q CO CO a. cfl X! m -L. o >< CO © JZ h- EXHIBIT 3 2.04.010 - Compensation. (1) The compensation of each member of the city council shall be set atefte4j^ousand three hundred and eighty-nino dollars per month upon the effective date of this ordinance. Adjustments to city council compensation may be made from time to time by ordinance amending this section. (2) The compensation established by this section is 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. n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-268 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, AMMENDING TITLE 2 OF THE CARLSStBAD MUNICIPAL CODE, MODIFYING THE CARLSBAD ARTS COMMISSION ORDINANCE, CHAPTER 2.18 SECTION 1: Title 2, Chapter 2.18.020 ofthe Carlsbad Municipal Code is amended to read as follows: 2.18.020 Purpose. The purpose ofthe Carlsbad Arts Commission is to advise the city council on the-arts and culture related matters and implementation of the arts element of the Carlsbad General Plan. SECTION 2: Title 2, Chapter 2.18.080 ofthe Carlsbad Municipal Code is amended to read as follows: 2.18.080 Duties. The Carlsbad Arts Commission shall have the power, and it shall be the duty ofthe Commission, to make recommendations to the city council on arts and culture related matters and advise it on the implementation of the arts element of the general plan. SECTION 3 Title 2, Chapter 2.18.110 of the Carlsbad Municipal Code is amended to read as follows: 2.18.110 Appropriations for arts. (a) All city departments shall include in all estimates of necessary expenditures and all requests for authorizations or appropriations for construction projects, an amount for works of art equal to at least one percent ofthe total cost of any such construction project as estimated in the city's capital improvement program for the year in which such estimate or request is made. If there are legal restrictions on the source of funding with respect to any particular project which precludes art as an object of expenditure of funds, the amount of funds so restricted shall be excluded from the total project cost in making the required estimate. (b) The city council may make appropriations for works of art in connection with construction projects as provided in this chapter (c) Construction project means any ofthe following: (1) Construction, reconstruction, or renovation in excess of $500,000, involving any publicly owned, leased, or operated facility including any plant, building, structure, utility system, real property, streets and highways, or other public work improvement (2) street or streetscape improvement projects other than street repair or reconstruction. In the case of streetscape and right-of-way enhancement projects, streetscape means an improvement to a public right-of-way, including a sidewalk, tree, light fixture, sign, and furniture. Some funding sources (e.g., sources restricted to "transportation purposes" or "direct construction costs") may prohibit fonmula-based expenditures for art. Thus, aiiercenl[for art will not be cqte^^ from those sources. However, City Council may provide funding for public art for street or streetscape improvements from general fund revenues on a case by ciase basis. Commented [VKl]: It's ncA a percent here! Again, term of art "percent fbr art" means general. It tan be morethan 1. I have explained this previously. Ifyou want to, you cxiiM use one percent will not be collected bul I still recommend just "percent for art" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) In the case of a publicly owned utility system, capital improvement project shall include only the construction, erection, improvement, of dams, reservoirs and power plants. (d) For the purposes of the Art in Public Places Program, Capital Improvement Project does not mean any of the following maintenance work: (1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility (see 2.18^110 b-1) for its intended purposes. (2) Resurfacing of streets and highways. (3) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (4) Work perfonned to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, and power plants. (e) Annually, the Administrative Services Department of the City of Carisbad will verify the one4 percent for public art allocation for all eligible CIP projects has been included in the budgeted amounts for City Council approval. As an alternative, where funding for eligible projects is restricted and cannot be used for public art, the Council may appropriate a percentage percent percent for art funding from the General Capital Constmction Fund or the General Fund. The funds for art allocations may be used for projects located at the direct site ofthe CIP project, or pooled for other future public art projects identified by the cultural arts manager and Carisbad Arts Commission. The ^ark in lieu fee funded percent for art allocations must be used for artwork at a park within the same quadrant where the fee was paid. (f) Any funds realized from the disposition of objects in the city's art in public places collection shall be used for the benefit ofthe city's art in public places collection; specifically, for the purposes of acquiring, restoring and refurbishing public art. Notwithstanding the foregoing sentence, the city council shall have the discretion to appropriate any funds realized from the disposition of objects in the city's art in public places collection for other purposes. SECTION 4 Title 2, Chapter 2.18.120 ofthe Carisbad Municipal Code is amended to read as follows: 2.18.120 Selection and placement of works of art. (a) The selection of artists, commissioning of artworics, acceptance of donated artworks, and placement of works of art shall be governed by the Art in Public Places Program as developed and adopted by the Carlsbad Arts Commission and City Council. (b) The Arts Commission shall further have the power to promulgate and adopt rules and regulations pertaining to the Art in Public Places Program. // Commented 1VK2]: I explained to Ron that this IS NOT accurate! Percent for art funding is c»rrect in this application, council may appropriate 1 % or 100% its at their discretion and here we are simply saying they can appropriate "percent for aif funding (whatever % they wish) from the GCCF or GF sources. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city cleric shall certHy the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. U . . U u INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the 24"' dav of Febmary 2015, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the_- day of , 2015, by the follovwng vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attomey MATT HALL, Mayor ATTEST BARBARA ENGLESON, City Cleric City Council Salaries Kathy Dodson Assistant City Manager March 24, 2015 Current Compensation •City Council -$16,668 +$75 per Community Development Commission meeting +$100 per Water Board meeting +$350 per month vehicle allowance •Mayor -$17,868 +$75 per Community Development Commission meeting +$100 per Water Board meeting +$450 per month vehicle allowance Estimated Total Compensation •City Council –$16,668 + ($75*2) + ($100*15) + ($350*12) =$22,518 •Mayor –$17,868 + ($75*2) + ($100*15) + ($450*12) =$24,918 North County Comparison City Position Salaries Vista Council $31,459 Mayor $32,659 Oceanside Council $30,528 Mayor $32,928 Escondido Council $27,829 Mayor $62,149 Carlsbad Council $17,868 Mayor $16,668 San Marcos Council $11,732 Mayor $11,732 North County Comparison City Position Salaries Additional Pays Total Vista Council $31,459 $4,626 $36,085 Mayor $32,659 $4,626 $37,285 Oceanside Council $30,528 $0 $30,528 Mayor $32,928 $0 $32,928 Escondido Council $27,829 $0 $27,829 Mayor $62,149 $0 $62,149 Carlsbad Council $16,668 $7,050 $24,918 Mayor $17,868 $5,850 $22,518 San Marcos Mayor $11,732 $3,600 $15,332 Council $11,732 $3,600 $15,332 City Council Salary Options Proposed Increase Percent Increase Total Increase Monthly Increase New Salary 5% for 6 periods 34.0%$5,669 $472 $22,337 5% for 8 periods 47.7%$7,958 $663 $24,626 Average Employee 8 year period 23.0%$3,841 $320 $20,509