HomeMy WebLinkAbout5.03 Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in Salary for City CouncilmembersIP
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DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Lily 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 5.3
SU B.FCT: Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing
for an Increase in Salary for City Councilmembers
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider adopting an ordinance revising the Dublin Municipal Code to
provide for a salary adjustment for City Councilmembers following certification of the November
2024 General Municipal Election. The City Council waived the first reading and introduced the
ordinance at the meeting on May 21, 2024. The City Council is now being asked to waive the
second reading and adopt the ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Rescinding and Replacing Ordinance No. 6-82
Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for
Members of the City Council.
FINANCIAL IMPACT:
Sufficient funds are included in the Fiscal Year 2024-25 and 2025-26 budgets to cover the
increase.
DESCRIPTION:
Government Code Section 36516 allows a general law city to provide a salary to City
Councilmembers and an increase in compensation is allowed by ordinance.
Changes to Government Code Section 36516 became effective January 1, 2024, after the adoption
of SB329. The legislation increased the starting amount for salaries approved by ordinance based
on population of the city. With a population between 50,000 and 75,000, the City can set salaries
by ordinance up to and including $1,600 per month.
The Dublin City Council last adjusted salaries for the Mayor in April 2022 and the City Council in
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December 2022. The City Council salaries became effective after the November 2022 election. The
salary for City Councilmembers is currently set at $1,416.82 per month. Dublin Municipal Code
Section 2.08.40 provides an additional amount to the Mayor that is equivalent to half (50%) of the
City Councilmember salary per month. The Mayor's current salary is $2,124.23 per month.
At the February 20, 2024, meeting, the City Council approved Staff's recommendation to increase
the City Councilmember salary to the amount allowed by Government Code 36516. The City
Council waived the reading and introduced the attached draft Ordinance (Attachment 1) to
increase the City Councilmember salary to $1,600 per month at the meeting on May 21, 2024. The
City Council is now being asked to waive the second reading and adopt the ordinance.
In accordance with Dublin Municipal Code Section 2.08.020B and State Law, the increase would
not be effective until newly elected Councilmembers are sworn into office following certification
of the November 2024 election. The attached ordinance will become effective 30 days after its
adoption, and at that time, the Mayor will begin receiving half of the new amount. However, the
Mayor will also continue to receive the base amount of $1,416.82 until the certification of the
November 2024 election.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Rescinding and Replacing Ordinance No. 6-82 Amending Dublin Municipal Code
Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council
2) Senate Bill 329
3) Government Code Section 36516
4) Dublin Municipal Code Section 2.08.020 and 2.08.040
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Attachment I
ORDINANCE NO. xx — 24
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESCINDING AND REPLACING ORDINANCE NO. 6-82 AMENDING DUBLIN MUNICIPAL CODE
SECTION 2.08.020 AND PROVIDING FOR AN INCREASE IN THE SALARY
FOR MEMBERS OF THE CITY COUNCIL
WHEREAS, Ordinance No. 6-82 established salaries for members of the City Council, as
amended by Ordinances No. 22-85, 8-87, 4-88, 3-89, 1-90, 6-91, 23-99, 7-02, 7-04, 3-06, 5-08, 2-12,
10-16, 07-18,10-20, and 4-22; and
WHEREAS, Government Code Section 36516(a) allows a general law city to provide a salary to
City Councilmembers. The salary increase shall become effective when new Councilmembers are
sworn into office following the certification of the November 2024 General Municipal Election and is
payable at the same time and in the same manner as the salary paid to the officers and employees of
the City; and
WHEREAS, an increase in the salary to $1,600 a month is authorized by Section 36516 in cities
with a population over 50,000 up to and including 75,000. The City of Dublin's population as estimated
in the May 1, 2024, California Department of Finance report is 72,917.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1. Ordinance No. 6-82 is rescinded and replaced with this Ordinance.
Section 2. Chapter 2.08.020, Subsection A of the Dublin Municipal Code is hereby amended to
read as follows: Pursuant to Section 36516 of the Government Code which provides that a City Council
may enact an ordinance providing that each member of the City Council shall receive a salary which
shall be determined by a schedule of population for cities, the members of the City Council shall receive
a salary of one thousand six hundred dollars ($1,600) per month.
Section 3. Effective Date. The City Councilmember salary increase shall become effective
when new Councilmembers sworn into office following the certification of the November 2024 General
Municipal Election.
Section 4: Effective Date and Posting of Ordinance. This Ordinance shall take effect and be
in force thirty (30) days from and after the date of the passage. The City Clerk of the City of Dublin
shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in
accordance with Section 36933 of the Government Code of the State of California.
{Signatures on the following page}
Ord No XX-24, Item No. X.X Adopted XX/XX/XXXX Page 1 of 2
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PASSED, APPROVED AND ADOPTED this 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord No XX-24, Item No. X.X Adopted XX/XX/XXXX Page 2 of 2
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STATE OF CALIFORNIA
Lma, AUTHENTICATED
BUREAU ELECTRONIC LEGAL MATERIAL
Attachment 2
Senate Bill No. 329
CHAPTER 27
An act to amend Section 36516 of the Government Code, relating to local
government.
[Approved by Governor June 29, 2023. Filed with Secretary of
State June 29, 2023.]
LEGISLATIVE COUNSEL'S DIGEST
SB 329, Dodd. Cities: city council members: compensation.
Existing law authorizes a city council to enact an ordinance to provide
each member of the city council a salary based upon the population of the
city, as specified. Existing law authorizes that amount to be increased by
the city council by an amount that does not exceed 5% for each calendar
year from the operative date of the last adjustment of the salary that is in
effect when the increase is enacted. Existing law provides for the procedures
by which a city may enact ordinances.
This bill would increase the maximum amount of salary, based upon the
population of the city, that may be approved by an ordinance passed by the
city council, as specified. The bill would authorize the salary of council
members to be increased beyond the specified maximums to an amount not
exceeding the greater of either 5% for each calendar year from the operative
date of the last adjustment of the salary in effect when the ordinance or
amendment is enacted, or an amount equal to inflation since January 1,
2024, based upon the California Consumer Price Index, which shall not
exceed 10% for each calendar year. The bill would require the city council
to consider the adoption of an ordinance to increase council member
compensation in open session during at least 2 regular meetings of the city
council.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The compensation schedule for general law cities has not been
adjusted since 1984, meaning that city council compensation has not kept
pace with inflation.
(b) Allowing cities to adjust their compensation for inflation since 1984
may help city councils become more diverse because increased compensation
can help individuals from across different income levels receive sufficient
income from their service to help ensure that they can continue to serve the
public and support their families.
SEC. 2. Section 36516 of the Government Code is amended to read:
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Ch. 27 — 2 —
36516. (a) (1) A city council may enact an ordinance providing that
each member of the city council shall receive a salary based on the
population of the city as set forth in paragraph (2).
(2) The salaries approved by ordinance under paragraph (1) shall be as
follows:
(A) In cities up to and including 35,000 in population, up to and including
nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to
and including one thousand two hundred seventy-five dollars ($1,275) per
month.
(C) In cities over 50,000 up to and including 75,000 in population, up to
and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up
to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up
to and including two thousand five hundred fifty dollars ($2,550) per month.
(F) In cities over 250,000 population, up to and including three thousand
two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be
determined by the last preceding federal census, or a subsequent census, or
estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount
provided in this subdivision by an ordinance or by an amendment to an
ordinance, but the amount of the increase shall not exceed the greater of
either of the following:
(A) An amount equal to 5 percent for each calendar year from the
operative date of the last adjustment of the salary in effect when the
ordinance or amendment is enacted.
(B) An amount equal to inflation since January 1, 2024, based upon the
California Consumer Price Index, which shall not exceed 10 percent for
each calendar year.
(5) No ordinance shall be enacted or amended to provide automatic future
increases in salary.
(b) Notwithstanding subdivision (a), at any municipal election, the
question of whether city council members shall receive a salary for services,
and the amount of that salary, may be submitted to the electors. If a majority
of the electors voting at the election favor it, all of the council members
shall receive the salary specified in the election call. The salary of council
members may be increased beyond the amount provided in this section or
decreased below the amount in the same manner.
(c) Unless specifically authorized by another statute, a city council may
not enact an ordinance providing for compensation to city council members
in excess of that authorized by the procedures described in subdivisions (a)
and (b). For the purposes of this section, compensation includes payment
for service by a city council member on a commission, committee, board,
authority, or similar body on which the city council member serves. If the
other statute that authorizes the compensation does not specify the amount
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— 3 — Ch. 27
of compensation, the maximum amount shall be one hundred fifty dollars
($150) per month for each commission, committee, board, authority, or
similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and
federal social security benefits shall not be included for purposes of
determining salary under this section, provided that the same benefits are
available and paid by the city for its employees.
(e) Any amounts paid by a city to reimburse a council member for actual
and necessary expenses pursuant to Section 36514.5 shall not be included
for purposes of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation
permitted by this section.
(g) (1) For the purposes of this section, a city council shall consider the
adoption of an ordinance to increase compensation in open session during
at least two regular meetings of the city council.
(2) At the first meeting, the city council shall present the proposed
ordinance, which shall include findings demonstrating the need for the
increased compensation. The ordinance shall not be adopted at the first
meeting.
(3) At least seven days after the first meeting, the city council shall hold
a second meeting to consider whether to adopt the ordinance.
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ill.
LEGISLATIVE
COUNSEL
BUREAU
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Attachment 3
State of California
GOVERNMENT CODE
Section 36516
36516. (a) (1) A city council may enact an ordinance providing that each member
of the city council shall receive a salary based on the population of the city as set
forth in paragraph (2).
(2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine
hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and
including one thousand two hundred seventy-five dollars ($1,275) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and
including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and
including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and
including two thousand five hundred fifty dollars ($2,550) per month.
(F) In cities over 250,000 population, up to and including three thousand two
hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined
by the last preceding federal census, or a subsequent census, or estimate validated by
the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided
in this subdivision by an ordinance or by an amendment to an ordinance, but the
amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date
of the last adjustment of the salary in effect when the ordinance or amendment is
enacted.
(B) An amount equal to inflation since January 1, 2024, based upon the California
Consumer Price Index, which shall not exceed 10 percent for each calendar year.
(5) No ordinance shall be enacted or amended to provide automatic future increases
in salary.
(b) Notwithstanding subdivision (a), at any municipal election, the question of
whether city council members shall receive a salary for services, and the amount of
that salary, may be submitted to the electors. If a majority of the electors voting at
the election favor it, all of the council members shall receive the salary specified in
the election call. The salary of council members may be increased beyond the amount
provided in this section or decreased below the amount in the same manner.
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(c) Unless specifically authorized by another statute, a city council may not enact
an ordinance providing for compensation to city council members in excess of that
authorized by the procedures described in subdivisions (a) and (b). For the purposes
of this section, compensation includes payment for service by a city council member
on a commission, committee, board, authority, or similar body on which the city
council member serves. If the other statute that authorizes the compensation does not
specify the amount of compensation, the maximum amount shall be one hundred fifty
dollars ($150) per month for each commission, committee, board, authority, or similar
body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal
social security benefits shall not be included for purposes of determining salary under
this section, provided that the same benefits are available and paid by the city for its
employees.
(e) Any amounts paid by a city to reimburse a council member for actual and
necessary expenses pursuant to Section 36514.5 shall not be included for purposes
of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation permitted by
this section.
(g) (1) For the purposes of this section, a city council shall consider the adoption
of an ordinance to increase compensation in open session during at least two regular
meetings of the city council.
(2) At the first meeting, the city council shall present the proposed ordinance,
which shall include findings demonstrating the need for the increased compensation.
The ordinance shall not be adopted at the first meeting.
(3) At least seven days after the first meeting, the city council shall hold a second
meeting to consider whether to adopt the ordinance.
(Amended by Stats. 2023, Ch. 27, Sec. 2. (SB 329) Effective January 1, 2024.)
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Attachment 4
Page 1 of 1
2.08.020 Salary for members established.
A. Pursuant to Section 36516 of the Government Code which provides that a city council may enact an
ordinance providing that each member of the city council shall receive a salary which shall be determined by a
schedule of population for cities, the members of the City Council shall receive a salary of one thousand four
hundred sixteen dollars and eighty-two cents ($1,416.82) per month.
B. No Councilmember shall be eligible to receive the increase provided herein until one (1) or more
Councilmembers begin a new term of office. (Ord. 4-22 § 1; Ord. 10-20 § 2; Ord. 7-18 § 2; Ord. 10-16 § 2; Ord.
2-12 § 2; Ord. 17-09 § 1 (part): Ord. 5-08 § 2; Ord. 3-06 § 2; Ord. 7-04 § 2; Ord. 7-02 § 2; Ord. 23-99 § 2; Ord. 6-
91 § 2; Ord. 1-90 § 2; Ord. 3-89 §§ 2, 3: Ord. 4-88 §§ 2, 3: Ord. 8-87 §§ 3, 4: Ord. 22-85 § 3: Ord. 6, 1982)
2.08.040 Mayor's salary.
The Mayor shall receive a monthly salary equivalent to half (50%) of the City Councilmember salary amount set
forth in Section 2.08.020(A), in addition to that which he/she receives as a Councilmember. (Ord. 4-22 § 2; Ord.
17-09 § 1 (part): Ord. 13-92 § 2)
The Dublin Municipal Code is current through Ordinance 8-23, passed December 19, 2023.
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