ORD-41-84 INCREASE IN COUNCIL SALARIES EFFECTIVE JANUARY 1 1985ORDINANCE NO. 41-84 AN ORDINANCE OF THE
CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 2.08
OF THE ORANGE MUNICIPAL CODE BY REVISING CERTAIN
SECTIONS THEREOF AND AUTHORIZ-ING INCREASES
IN COUNCIL SALARIES IN ACCORDANCE
WITH THE AUTHORITY GRANTED IN SECTION
36516 OF THE GOVERNMENT CODE
AS SAID GOVERNMENT CODE PROVISION HAS
BEEN AMENDED EFFECTIVE JANUARY 1,1985.
WHEREAS, the State of California in
1984
amended Sec-tion 36516 of the California Government CodewhichamendmentbecameeffectiveJanuary1, 1985; and WHEREAS, the aforementioned section of the Government
Code as revised and amended increases the compensation
of city council-men in cities of varying population size;
and WHEREAS, in the City of Orange, which
falls within the category of cities over 75,000 in
population up to and including 150,000 in population, the City Councilmaximumsalaryhasbeenincreasedto $600 per month from theprior $300 maximum monthly salary; and WHEREAS, the 1984 revision ofSection36516
of the Government Code does not require that the CityCouncilmenreceivecompensationof $600 per month, but only establishesthisfigureasthemaximumamountofmonthlycompensationauthorized, but permits
Councilmen to receive less than this specified maximumsalary; and WHEREAS, Section 36516 of the Government Code,
as revised in 1984, also permits the compensation of Councilmemberstobeincreasedbeyondtheaforementionedmaximum $600 permonthamountforeachCouncilmeniftheincreasedoesnotexceedanamountequalto5% for each calendar year
from the operative date of the last adjustment of the salary in effectwhentheordinancewasenacted; and WHEREAS, on the effective date
of this
ordinance four calendar years will have elapsed since the effective
date of the last salary adjustment which occurred on June I,
1980; and WHEREAS, the City Council of the City
of Orange, by this ordinance, does not intend to authorize eachmemberoftheCityCounciltoclaimthemaximumpermittedcompensationof $600 per month as permitted by Section 36516, butrathertheCouncilintendstorequestanincreaseincompensationofonly5% for
each calendar year from the operative date of the last salary
adjustment on June 1, 1980, for a total of 20% increase over the
present salary of $450 per month per Council member; and
WHEREAS, the City Council feels that this lesser salaryincreaseresultingfrom5% per calendar year since the date of
the last salary adjustment in June, 1980, represents a reasonable
upward adjustment in salary inasmuch as the cost of living has
risen more than 5% a year in the last four years and the employeesoftheCityhavereceivedsalaryadjustmentsinexcessofthe
total 20% for the period of the last four years; and
WHEREAS, the City Council also feels that the herein described
5% per calendar year adjustment represents compensation earned bytheCouncilsincethelastadjustmentonJune1, 1980; and
WHEREAS, Section 36516.2 of the Government Code as that pro-vision existed until its repeal on January 1, 1985, was in effect
when ~1ree members of the Council commenced a new term of office
on November 20, 1984, and provided that the Council could increase
the salary of its members by not to exceed 5% per calendar year
from the operative date of the last salary adjustment ~lich last
date was June I, 1980; and
WHEREAS, the City Council refrained from increasing their
salary as the Council was entitled to do after some of ~leir
members commenced new terms of office in April of 1982 inasmuch
as economic conditions did not then dictate a council salaryincreaseatthattime.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
Chapter 2.08 of the Orange Municipal Code shall be amended
as follows:
SECTION I:
Section 2.08.010 is hereby revised to read as follows:
2.08.010 Establishment Authority. The compensation of
City Council and the Mayor is hereby established in compliance
with the formula set forth by Section 36516 of the California
Government Code as amended in 1984 and in the future compensation
shall be determined in accordance with State law as that law shall
from time to time be enacted and amended and after appropriate
studies conducted by City Council.
SECTION II:
Section 2.08.020 of the Orange Municipal Code shall be deleted:
ORD. 41-84
SECTION III:
Section 2.08.030 of the Orange Municipal Code shall be
renumbered as 2.08.020 and shall be revised to read as follows:
2.08.020 Increase in Salaries. A. Upon certification
of population increase by the State Department of Finance that
the population of the City has increased in an amount which
authorizes an increase in salaries, the City Council shall consider
the effect of such population increase and shall determine whether
to increase salaries of Councilmen to the extent permitted by anyformulaestablishedbystatelaw.
B. Notwithstanding any Council compensation formula con-
tained in the provisions of 36516 of the California Government
Code or other State law, the Council hereby determines to studyfromtimetotimethecompensationofCouncilmembersandshall
from time to time determine whether to adjust the compensation of
Council members to the extent authorized by State law.
C. In accordance with the authority of Section 36516.2
effective until December 31, 1984, and Section 36516(c) of the
California Government Code as amended and effective on January 1,
1985, the City Council authorizes the compensation of Council
members to be increased from its present level of $450 per month
to $540 per month.
D. Each member of the City Council shall receive the sum
of $540 a month. This salary is payable beginning March 3,
1985, and is payable at the same time and in the same manner as
the salaries paid to each of the officers and employees of the
City.
E. Salaries exclusive of reimbursement. The salaries
prescribed by this Chapter are exclusive of, and in addition to,
any other amount payable to a member of the Council as reimburse-
ment for actual and necessary expenses incurred by him in the
performance of his official duties.
SECTION IV:
A summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted in the
Office of the City Clerk at least five (5) days prior to the CityCouncilmeetingatwhichthisOrdinanceistobeadopted. A
summary of this Ordinance shall also be published once within
fifteen (15) days after this Ordinance's passage in the OrangeCityNews, a newspaper of general circulation, published and
circulated in the City of Orange. The City Clerk shall post in
the Office of the City Clerk a certified copy of the full text of
such adopted Ordinance along with the names of those City Council
members voting for and against the Ordinance in accordance with
3-ORD. 41-
Government Code Section 36933.
This Ordinance shall take effect thirty (30) days from
and after the date of its final passage.ADOPTED this 22nd day
of January 1985.ATTEST:5ftlHfl/Clty Cle
of
heIt'y of Orange STATE OF CALIFORNIA )COUNTY
OF ORANGE ) SS
CITY OF ORANGE )I,
MARILYN J. JENSEN,
City Clerk of the City of Orange California, do hereby certify
that the foregoing ordinance was introduced at the regular
meeting of the City Council held on the 15th day of
January , 1985, and thereafter at a regular meeting
of said City Council duly held on the 22nd day of January ,
1985, was duly passed and adopted by the following
vote, to wit:AYES: COUNCILMEN:SMITH, BARRERA,
MAYOR BEAM, BEYER NOES: COUNCILMEN:PEREZ ABSENT:
COUNCILMEN:NONE tJ;
4~wa~Ci
tyCler 0tCi0OrangeORD. 41-84 4-