SR-11-I (2)
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II-I-
JAN 1 0 1984
CA:RMM:rmccs
C1ty Counc11 Meet1ng 1-10-84
Santa Mon1ca, Ca11fornia
5-B
STAFF REPORT
JAN 2 4 l~u'
TO:
Mayor and C1ty CounC11
FROM:
C1ty Attorney
SUBJECT:
Proposed Charter Amendment to Prov1de Salar1es for
Members of the City Council
At 1 ts meeting on November 29, 1983, the C1 ty Counc 11
dlrected the CIty Attorney to prepare a proposed charter
amendment to provlde salar1es for members of the Cl ty CouncIl.
The expressed lntentlon of the C1ty Council was to provlde
salaries comparable to the salar1es that counc1lmembers of
general law CItIes are authorized to recelve.
Currently, City Charter SectIon 602 provldes that members
of the Clty Council shall receIve no compensat10n for theIr
servJ..ces.
However, the same sectIon provides that the Mayor
shall receIve $150 per month and the remaining councilmembers $50
per month, which amounts are deemed to reImburse the Mayor and
councllmembers for out-of-pocket expenses.
(The complete text of
CIty Charter SectIon 602 IS contaIned In AppendIx A.)
Under Government Code SectIon 36516, a CIty councIl of a
general law C1ty may prOVIde by ordinance that each member of the
C1ty councIl shall receIve a salary.
The amount of the salary
IS determIned by the populat1on of the CIty,
WIth permissible 5-[3
JAN24 ......
(A CIty '--
salarIes ranlng from $150 per month to $500 per month.
WIth a populatIon equal to the CIty of Santa Mon1ca may prOVIde
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JAN 1 0 1984
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for a salary of $300 per month.) In addl tion, Government Code
Sectlon 36516.2 provldes that the Clty council may increase the
amount provlded for by statute by an amount that does not exceed
flve percent each year. (The complete text of Government Code
SectloD 36516 and 36516.2 lS contalned in Appendlx E.)
A number of dlfferent optlons are avallable to the ci ty
Councll to amend the Clty Charter. The prlnclpal optlons
conSlstent wlth the Clty COUDCll's dlrectlon are as follows:
Option 1
Sectlon 602. Compensation. Each
member of the City Council shall receive a
salary of $300.00 per month. The members of
the Clty Council shall also recelve
relmbursement for necessary travel and other
expenses when on offlclal duty out of the
Clty on order of the City Council.
The salary provlded by thlS Sectlon
shall be pald only to members of the ci ty
Councll elected or appolnted to serve a term
of offlce commenclng after the date of
adoption of thlS section. In the event a
member of the Clty Councll is not entltled to
recelve a salary under this section, that
member of the Clty Counell shall receive
$50.00 per month, whlch amount shall be
deemed relmbursement for out-of-pocket
expenditures and costs lmposed upon the
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member of the Clty Councll whl1e so servlng.
In the event the Mayor is not entltled to
recelve a salary under thlS Section, the
Mayor shall receive $150.00 per month, WhlCh
amount shall be deemed re1mbursement for
out-of-pocket expenditures and costs imposed
upon the Mayor while so serv1ng.
Optlon 2
Sect10n 602. Compensation. Each
member of the City Councl.l shall recel ve a
salary of $300.00 per month. By ordinance
duly adopted by the City Council, the salary
may be increased by an amount not to exceed
an amount equal to flve percent for each
calendar year from the operative date of the
last adJustment of the salary 1n effect when
the ord1nance is adopted. No salary
ord1nance shall be adopted wh1ch provldes for
automatl.C future increases 1n salary. The
members of the City Counc11 shall also
rece1ve re1mbursement for necessary travel
and other expenses when on offl.cial duty out
of the C1ty on order of the Clty Councl1.
The salary provlded by thlS Sect10n
shall be pal.d only to members of the ci ty
Councl.l elected or apP01nted to serve a term
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of office commencing after the date of
adopt~on of this Section. In the event a
member of the Clty Council is not ent~tled to
rece~ve a salary under this Section, that
member of the C~ty council shall receive
$50.00 per month, which amount shall be
deemed reimbursement for out-of-pocket
expendltures and costs ~mposed upon the
member of the City Councl1 while so servlng.
In the event the Mayor lS not ent~ tIed to
recelve a salary under th~s Section, the
Mayor shall receive $150.00 per month, wh~ch
amount shall be deemed reimbursement for
out-of-pocket expend~tures and costs imposed
upon the Mayor whl1e so serv~ng.
Opt~on 3
Sectlon 602.
Compensat~on.
Each
member of the c~ ty Counc~l shall receive a
salary of $300.00 per month. On July 1 of
each year following the year ln WhlCh th~s
section is adopted I the salary provlded for
hereln shall be lncreased by five pe rcent.
The members of the City Council shall also
receive re~mbursement for necessary travel
and other expenses when on officlal duty out
of the Clty on order of the C~ty Council.
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The salary prov~ded by th~s Sect~on
shall be paid only to members of the Cl ty
Councll elected or appo~nted to serve a term
of off~ce commenc~ng after the date of
adopt~on of this Section. In the event a
member of the City Councl1 is not entltled to
recelve a salary under thlS Sectlon, that
member of the Clty Councl1 shall receive
$50.00 per month, wh~ch amount shall be
deemed reimbursement for out-of-pocket
expendltures and costs imposed upon the
member of the Clty Council wh~le so serving.
In the event the Mayor ~ 5 not enti tIed to
receive a salary under thlS Sectlon, the
Mayor shall recelve $150.00 per month, which
amount shall be deemed relmbursement for
out-of-pocket expendltures and costs imposed
upon the Mayor whlle 50 serving.
Option 4
Sectlon 602. Compensatlon. The C.l ty
Council by ordinance may provide that each of
~ts members shall recelve a salary the amount
of which shall not exceed the salary that
could be adopted by ord~nance of a general
law Cl ty of the same populatlon as the Cl ty
of Santa Monlca. The members of the Ci ty
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Council shall also receive relmbursement for
necessary travel and other expenses when on
offlclal duty out of the Clty on order of the
City Counell.
The salary provided by th1S Section
shall be pa1d only to members of the Cl ty
Council elected or apP01nted to serve a term
of offlce commenc1ng after the date of
adoptlon of thlS Sectlon. In the event a
member of the Clty Councll 1S not entitled to
receive a salary under thlS Section , that
member of the C1ty Council shall recelve
$50.00 per month, WhlCh amount shall be
deemed re1mbursement for out-of-pocket
expend1tures and costs lmposed upon the
member of the Clty Council whlle so servlng.
In the event the Mayor is not ent1 tl ed to
recelve a salary under this Sectlon, the
Mayor shall receive $150.00 per month, Wh1Ch
amount shall be deemed relmbursement for
out-of-pocket expendltures and costs lmposed
upon the Mayor while so servlng.
There are other al ternati yes that ffilght be constructed.
For example, Government Code Section 36516 provldes: II Any
amounts pald by a Cl ty for retlrement, health and welfare, and
federal soclal security beneflts shall not be lncluded for
purposes of determinlng salary under thlS section provlded the
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same benefI ts are ava~labl e and pa ld by the CIty for its
employees." Thus, SInce the CIty Council has Indicated a desIre
to be compensated to the same extent as councllmembers of general
law CItIes, It mIght desire to provide for some or all of these
addIt~onal benefits.
The C~ty CouncIl may determIne to present the proposed
charter amendment to the voters at the statewIde elections In
June or November of th~s year, the next general munIcipal
electIon currently scheduled for Apr ~l
electIon called for some other date.
CIty Clerk has prov~ded InformatIon
electIon costs.
1985, or at a special
By separate report, the
to the CIty CouncIl on
RECOMMENDATION
It IS respectfully recommended that the CIty Council:
1. Select the appropriate language for the amendment of
C~ty Charter Section 602.
2. Determ~ne the electIon at which the CIty CouncIl
desIres the proposed charter amendment to be submitted to the
voters.
3. Direct the CIty Attorney to prepare the appropr~ate
resolutions to place the charter amendment before the voters.
PREPARED BY: Robert M. Myers, City Attorney
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SECTION fI02 Compen..tloL The
membera of the City Counell Ihall re.
eelve no compenntion for their aervices
as lOeb. but llhall receive reimbunement
for necellll&ty travel and other expenes
when on oftlei!ll duty out ot the City 011
order ot the City CouneU and. in addi-
tion. the :Mayor 8haU receive the 10m of
One Hundred and JI'lfty ('15000) Dol-
lars per month, which amount lIhan be
deemed reimburllement out-of-pocket ex.
penditures and CON impoaecl upon hJm
In lIerv:lng B8 :Mayor, and all other mem-
bers of the City Counen shall receive the
lum of Fifty (150 00) Dollars per month,
whl!:h amount Ihall be deemed to be re.
imbursement for out-ot-pocket expendi-
tures and coata impoaed upon them In
.erving u City Councilmen.
APPENDIX A
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I.'" c.........; _lay ..........; ....... .....1atIM
.. eltT _UDell IUJ' ..a .. .1".!I...""'Je ....,.hUJtc iDat eaeb llIItIIlber of 1M el1:7
eouDdl sball receive a lIII.!ary, the amount of wbleb Ihall be determ1Ded b7 the
foUowiq acbedule
(a) In cities up to aDd including 35,000 In population. up to and DICludlDg one
hundred t1ft7 doUars <*150) per JIIOllth :
(b) In cities over M.OOO 1111 to ....t IDcl....1n! 50,000 in llOPoIatlon, twO buudred
dollan ($200) per moath: -
(~) III dUes over GO,OOO up to and tacllldia& 'W.ooo in popu1atiOll, tlvo bulldl'ed
fifty dollars ~) per month.
. (d) In clties over 'lti,OOO up t.o and lDcl....h'!' 1.50.000 lD population, three bUDdred
dollars ($300) per month - . .
(e) Cltie. over 1150,000 IKIPul.tlOD up to .and 1I1cludln&: A populatlOD of _,000,
four hundred. dollars (f400) per month.
(f) Cities over 250,000 populatloll, tive buudred doU.arB (~) per _th.
For the purpt)1eI of tbl8 eectlon the popalatlOD .ball be determiDed b1 the oelItl-
mates of population made by the Departmeat of FInance..
III a dtJr ehaogJnc from .. lower to a 111!b~r popul.tion croup u proTlded In
WI aect1on, the amonnt of compensation .h.lI be .determtDed by the lateIJt esti-
mate of population made by the I>epartmeJlt of FlnAftlle.or .. provided In 8eet1oas
2107. 2107.1 and 2107.2 of the Streets and Highwayl Code
Compell.l8tlO11 of e)uncllmeD may be Im:reued beyond the amount f1rorided In
this lIeCtlOD or deereased below 8uch amount by an affirmative TOte by the majority
of the ejectors of the elty VIOtlng at aDY mun1elpal election
Any amounts paid by a elty for retirement. health and weUare, aDd federallOC!lal
lleCUr1ty benefits UaU DOt be lDeluded tor purpoaetI of determlDlnc aalar7 UDder
tb1I lI!et1on provided the laDle benefits are AnUable aDd paid by the elt, fer .m
-.ployeea.
!Am-'aoi b7 Btat&lO'l2, Co Gel, p. 10GB, 11; StatLm4- c. 1178, p. 1000, . 2,)
f 36516.1 EIeetlve mayor, &ddltJonal OOIDpeII8ation
A mayor elected pursuant to Sections 34900 to 34904. inclusive. of
the Government Code may be provided with compensation in addItion
to that which he receives as a councilman. Such additional compensa.
tion may be provided by an ordinance adopted by the city counell or by
a majority vote of the electors voting on the proposition at a mtmicipal
election. (Added Stats.l966, 1st ExSess., c. 45. p. 359, II,)
. _11.2 en.......; ...,....t...: I.oraa.. Ity ...1I1.....r ....II...t; ,.......
..tl.. ...Iad ..ta..tlc lec....... _
Notw:lthstaDdlug the llm1tatlotlll contained In 8eetlon 86516 with respeet to In.
Cl'ell8eS or deerea8es In councilmen'l salaries, the eompenaation of eouncllmen may
be 1nereue4 beyond the amount provided In 8eetiOD 36516 by aD onlinanee or
amendment thereto enaded by the dty <<>I'.....~ but tile amount of sndI ln~
may not exeeed an amount equal to 5 perrent for eaeh ealendar rear from the
operative date of the lalt ~u8tment of the I8.IIll'J ID effect when the ordtDBDee
_ ameDC1mebt theI'eto Ia eaaeted; provided that 11.0 Ialar7 ordlnl.DC!e _an be
enactecl wbkb JU'Ov1de8 tor automatic future iIacreun III ularJ'.
(Added ." 8ta...1t12, Co 1111. P. 10M. . IJ
APPENDIX B
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t 36516.5 Prohibition against ""An, In compensation l!uriDg
term of office; staggered terms
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 tenns whenever one or more members of such coun-
-ell becomes eligible for a salary increase by virtue of his beginning a
new term of office. (Added Stats.1966, 1st Ex.Sess., c. 12, p. 276, ~ 5,
urgency, eft. April 11. 1966.)
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INFORMATION
Re 5--{3
1-;] If -5' 11-
DATE: January 23, 1984
TO: Mayor and Councllmembers
FROM: Clty Clerk
SUBJECT:
Proposed Charter Amendment to Provlde Salarles
for Members of Council
Agenda Item 5-B on the January 24th Councll agenda contains
a report from the City Attorney regarding the above-referenced
subject.
The Clty Attorney's report advlses that the Clty Clerk will
provlde lDformatlon ln regard to election costs and dates.
An lnformational report to Council dated January 23, 1984,
entltled "Election Schedule" transmits proposed calendars
for holding an electlon on June 5, 1984, elther consolidated
wlth the County Statew1de Prlmary or held concurrently w1th
that electlon. That report also lndlcates estlmated costs
rang1ng from ~57,OOO for one measure consol1dated w1th th~
County to $75,000 for an electlon containing measures and
fllllng vacancies, WhlCh electlon would be held concurrently
wlth the County Statewlde Pr1mary.
The last date for requesting consolldatlon wlth the County
1S March 9, 1984. As thlS date approaches, the declsion
as to measures and candldates, consol1datlon or concurrent,
or whether any of these w1l1 be voted upon on June 5th,
will be cons1dered by the City Clerk and Clty Attorney and
brought before the City Councll.
If Council deslres, the Council salary charter amendment
wlll be lncluded along wlth other ballot measures and
brought before the Council prior to the deadllne to consolidate
for posslble incluslon on the June 5th ballot.
cc: City Attorney
City Manager