CC 2019-12-10_08i Adopt Ordinance_Council CompensationMEMORANDUM
TO: CITY COUNCIL
FROM: JAMES BERGMAN, CITY MANAGER
BY: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION
SERVICES/CITY CLERK
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE MODIFYING CITY
COUNCIL SALARY, EFFECTIVE DECEMBER 2022
DATE: DECEMBER 10, 2019
SUMMARY OF ACTION:
Adoption of an Ordinance modifying city council salary, effective December 2022 after the
November 2022 General Municipal Election.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The modification to monthly council member salary and the additional monthly mayor
compensation would not be effective until December 2022; therefore, the fiscal impact in
Fiscal Year 2022-23 will be $16,380.
RECOMMENDATION:
It is recommended that the Council adopt an Ordinance amending Section 2.04.040 of
Chapter 2.04 of Title 2 of the Arroyo Grande Municipal Code relating to City Council
compensation.
BACKGROUND:
At its November 26, 2019 meeting, the City Council considered an Ordinance to modify the
monthly council member salary in the amount of $648, and to provide additional
compensation to the mayor in the amount of $150 per month, to be effective December 2020
following the November 2020 General Municipal Election and when one or more council
members commence a new term of office. Prior to introduction, the Ordinance was modified
to change the effective date to December 2022, following the November 2022 General
Municipal Election and when one or more council members commence a new term of office.
ANALYSIS OF ISSUES:
The Ordinance is now ready for adoption. The Ordinance shall take effect thirty (30) days
from its passage; however, the changes in compensation as noted above will not become
effective until December 1, 2022.
Item 8.i. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE MODIFYING COUNCIL MEMBER
SALARY, EFFECTIVE DECEMBER 2022
DECEMBER 10, 2019
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance amending Section 2.04.040 of Chapter 2.04 of Title 2 of the Arroyo
Grande Municipal Code relating to City Council compensation, to become effective in
December 2022 after the November 2022 General Municipal Election;
2. Modify and re-introduce the Ordinance amending Section 2.04.040 of Chapter 2.04 of
Title 2 of the Arroyo Grande Municipal Code relating to City Council compensation;
3. Do not adopt the Ordinance; or
4. Provide other direction to staff.
ADVANTAGES:
The proposed increase in Council compensation will provide elected officials with additional
compensation to defray costs associated with their service.
DISADVANTAGES:
The proposed increase in Council compensation will result in additional costs beginning in
Fiscal Year 2022-23.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
No new correspondence has been received by the City since the November 26, 2019 meeting
and as of the publication of this report. The Agenda was posted at City Hall and on the City’s
website in accordance with Government Code Section 54954.2.
Item 8.i. - Page 2
ORDINANCE NO.
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.
Item 8.i. - Page 3
ORDINANCE NO.
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
Item 8.i. - Page 4
ORDINANCE NO.
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 Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this 10th day of December, 2019.
Item 8.i. - Page 5
ORDINANCE NO.
PAGE 4
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.i. - Page 6