O 604ORDINANCE NO. 604
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING SECTION 2.04.040 OF
THE ARROYO GRANDE MUNICIPAL CODE REGARDING
CITY COUNCIL COMPENSATION
WHEREAS, the City of Arroyo Grande ("City") is a municipal corporation formed
pursuant to the laws of the State of California; and
WHEREAS, pursuant to Government Code Section 36516, a city council may enact an
ordina~~ce allo•~i~~g each city council member to receive compensation the amount of
which shall be based upon the city's population; and
WHEREAS, on November 25, 1997, the City Council adopted Ordinance No. 491
setting forth, among other things, compensation for the City's Council Members, based
upon the City's population of less than 35,000 people; and
WHEREAS, the compensation earned by Council Members and established in 1997
has never been increased, despite substantial increases in the cost of living during the
past decade; and
WHEREAS, based on the last preceding Federal census, the City's population is still
less than 35;000 people; and
WHEREAS, pursuant to Government Code Section 36516(c), City Council
compensation may be increased in an amount not to exceed five percent (5%) for each
calendar year from the operative date of the last adjustment of the Council's
compensation; and
WHEREAS, pursuant to the requirements of A61234, the City has made modifications
to its policies, specifically with regard to payments and reimbursements made to the
Mayor and City Council Members for actual and necessary expenses incurred in the
discharge of their duties, to account for such increase to their monthly compensation
resulting in no impact on the City's budget; and
WHEREAS, by this Ordinance, the City Council intends to increase its salary by seventy
five dollars ($75.00) per month, which constitutes an increase of 23% since 1997.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande, as follows:
SECTION 1: The above recitals are true and correct and are incorporated herein by this
reference.
ORDINANCE N0.604
PAGE 2
SECTION 2: Effective December 1, 2008, Section 2.04.040 of the Arroyo Grande
Jvlunicipal Code, entitled "Salary compensation for council members' is hereby
amended in its entirety as follows:
2.04.040 Salary compensation for council members.
A. Population. As of January 1, 2008 the estimated .population of the City of
Arroyo Grande is less than 35,000 residents.
B. Council Salaries. The salary for the Mayor and for each Council Member shall
be four hundred five dollars ($405.00) per month.
C. Council Expenses. The salaries set forth herein are, and shall be, exclusive of
any amount payable to the Mayor and each Council Member for actual and
necessary expenses incurred by the Mayor or Council Member in the
performance of official duties for the City.
D. Retirement/Benefits. Any amounts paid by the City for retirement, health and
welfare, and federal social security benefits shall not be included for purposes of
determining salary under this section, provided the same benefits are available
and paid by the City for its employees generally.
SECTION 3: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services/Deputy City Clerk. Within fifteen (15) days after passage of this
Ordinance, it shall be published once, together with the names of the Council Members
voting thereon, in a newspaper of general circulation within the City.
SECTION 4: If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5: This Ordinance shall take effect and be in full force and effect on
December 1, 2008.
On motion of Council Member Costello, seconded by Council Member Fellows, and on
the following roll call vote to wit:
AYES: Council Members Costello, Fellows, and Mayor Ferrara
NOES: None
ABSENT: Council Members Arnold and Guthrie
the foregoing Ordinance was adopted this 23`" day of September 2008.
ORDINANCE NO. fo0y
PAGE 3
TONY FER OR
ATTEST:
1,(.~c~Zuoh~-
KELLY W TMO , GITY CLERK
APPROVED AS TO CONTENT:
S'fEVENS~S A MS, CITY MANAGER
APPROVED AS TO FORM:
P y~ ~ X
TI THY J. RMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 604 which was
introduced at a regular meeting of the City Council/Redevelopment Agency on
September 9, 2008; was passed and adopted at a regular meeting of the City
Council/Redevelopment Agency of the City of Arroyo Grande on the 23rd day of
September 2008; and was duly published in accordance with State law (G.C.
40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24d'
day of September 2008.
KELLY ET RE, CITY CLERK