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HomeMy WebLinkAbout728ORDINANCE NO. 728 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING SECTION 2.04.040 OF THE CITY OF IRWINDALE MUNICIPAL CODE TO ADJUST THE COMPENSATION OF MEMBERS OF THE CITY COUNCIL OF THE CITY OF IRWINDALE A. RECITALS (i) Article 1, section 5 of the Constitution of the State of California grants charter cities plenary authority over the compensation of its municipal officers. (ii) Section 605 of the City Charter for the City of Irwindale provides that the salaries of the members of the City Council may be established in the manner and amounts as provided by general law. (iii) Government Code Section 36516 controls the salary of council members in general law cities, and provides for up to a 5% annual increase in city council member salaries from the operative date of the last city council salary adjustment. (iv) The State Constitution and the City Charter authorize the City Council to exercise its discretion in determining the time for implementing a salary increase for City Council members. (v) The City Council last adjusted its salary to the sum of Five Hundred, Forty - Two Dollars and Ninety -Five Cents ($542.95) per month by Ordinance No. 558, adopted February 7, 2002 and codified in Section 2.04.040 of the City of Irwindale Municipal Code. (vi) By this ordinance, the City Council desires to promptly increase City Council member salaries to reflect cost of living adjustments and to provide continuous and adequate compensation to City Council members for their service. (vii) The City of Irwindale, as a Charter City, is not subject to the timing requirements under Government Code Section 36516.5 delaying the implementation of the increased compensation insofar as the compensation of Council members is considered a municipal affair, as confirmed by Attorney General Opinion, at 57 Ops. Cal. Atty. Gen. 11 (1974). (viii) All legal prerequisites to the adoption of this ordinance have occurred. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Irwindale does hereby ordain as follows: 01005.0001/463204.2 Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. Section 2. Section 2.04.040 of Chapter 2.04 of Title 2 of the Irwindale Municipal Code is hereby amended to read as follows (deleted text, if any, is show in st km„ fig".; new text, if any, is shown in bold & italics): "2.04.040 - Councilmembers—Salary. GGmmen^'nyih'^h 4b."eyAS the .Jute of Gemmennement of the nevi term 0 off'^e fe. Gert.,'^ m n."er^ of the ,it., ^^„nnii ea Each member of the city council shall receive a salary in the amount of five h„nd ed fart„ two dollars and ninety five cents seven hundred fifty dollars and sixteen cents $750.16 per month. Section 3. Section 2.04.040 of Chapter 2.04 of Title 2 of the Irwindale Municipal Code, as amended, shall become operative on the first day of the first month following the effective date of this ordinance. Section 4. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall cause a summary of this ordinance to be published in accordance with Government Code Section 36933, in a newspaper of general circulation which is hereby designated for that purpose, and this ordinance shall take effect thirty (30) days after its passage. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the Cityof'I`rwindale this 8th day of August 2018. 01005.0001/463204.2 ATTEST: aura . Nieto, MMC hie eputy City Clerk State of California } County of Los Angeles } ss. City of Irwindale } I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 728 was duly introduced at a regular City Council meeting held on the 25th day of July 2018, and adopted at a regular meeting of the City Council held on the 8th day of August 2018, by the following roll call vote: AYES: Councilmembers: Ambriz, Burrola, Garcia, Ortiz, Mayor Breceda NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None aur M. Nieto, MMC f Deputy City Clerk AFFIDAVIT OF POSTING I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 728, adopted by the City Council of the City of Irwindale at its regular meeting held August 8, 2018 to be posted at the City Hall, Library, and Post Office on August 9, 2018. Deputy City Clerk Dated: August 9, 2018 Ordinance No. 728 Page 3