Loading...
SR-11-I (2) e LV Y -0(0 6t e 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 1 II-I JAN 1 0 1984 e e 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 2 e e 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 3 e - 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. 4 e e 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 5 tit tit 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 6 e e 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 7 e 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 e e e 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 e e 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.) . ~ ... ~ e e 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