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O 704 ORDINANCE NO. 704 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 2.04.040 OF CHAPTER 2.04 OF TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO 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 ordinance providing that each city council member 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 increasing city council member salaries from $300 to $330 per month, based upon the City's population of less than 35,000 people and established a monthly expense allowance of$75; and WHEREAS, on September 23, 2008, the City Council adopted Ordinance No. 604, which eliminated the $75 monthly expense allowance and instead increased council member salaries from $330 to $405 per month; and WHEREAS, the compensation earned by council members and established in 1997 as modified in 2008, has not been increased, despite substantial increases in the cost of living; and WHEREAS, based on the last federal census, the City's population is still less than 35,000 people; and WHEREAS, pursuant to Government Code Section 36516(a)(4), council member 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 member compensation; and WHEREAS, by this Ordinance, the City Council intends to increase its salary from $405 to $648 per month; and WHEREAS, pursuant to Government Code Section 36516.1, an elected mayor may be provided with compensation in addition to that which he or she receives as a council member; and WHEREAS, the City has not previously provided additional compensation for the mayor but wishes to do so at this time in the amount of$150 per month. ORDINANCE NO. 704 PAGE 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. 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, is hereby amended to read in its entirety as follows: 2.04.040 — Salary compensation for mayor and council members. A. Population. As of January 1, 2019, the estimated population of the City of Arroyo Grande is less than thirty-five thousand (35,000) residents. B. Council Salaries. The salary for the mayor and each council member shall be six hundred forty eight dollars ($648) per month, effective December 1, 2022. 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. Additional Compensation for Mayor. The mayor shall receive compensation in addition to that which the mayor receives as a council member in the amount of one hundred fifty dollars ($150) per month, effective December 1, 2022. E. 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 City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 5. 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 ORDINANCE NO. 704 PAGE 3 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. On motion by Mayor Ray Russom, seconded by Council Member Barneich, and by the following roll call vote to wit: AYES: Mayor Ray Russom, and Council Members Barneich, Paulding, Storton, George NOES: None ABSENT: None the foregoing Ordinance was adopted this 10th day of December, 2019. ORDINANCE NO. 701 PAGE 4 • Y9 CAREN • • USSOM, MAYOR ATTEST: KELL ' W !MORE, CITY CLERK APPROVED AS TO CONTENT: JAMES A B SAN, CITY MANAGER APPROVED AS TO FORM: TI •THY J. - MEL, 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 Ordinance No. 704 which was introduced at a regular meeting of the City Council on November 26, 2019; was passed and adopted at a regular meeting of the City Council on the 10th day of December 2019; 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 11th day of December 2019. 4<i/a mcitatitc___ KELLYETM RE, CITY CLERK