25977.00100\42521952.1
Staff Report Ordinance re Council Compensation Page 1 of 2
STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Christopher J. Diaz, City Attorney
VIA: Dan Barros, City Manager
MEETING DATE: October 9, 2024
SUBJECT: Ordinance Relating to Council Compensation
RECOMMENDATION
Staff recommends that the City Council introduce the following:
ORDINANCE AMENDING SECTION 1.04.010 OF THE COLMA MUNICIPAL CODE,
RELATING TO COMPENSATION OF COUNCIL MEMBERS PURSUANT TO CEQA GUIDELINE 15378
EXECUTIVE SUMMARY
The City Council held a study session on September 25, 2024 to discuss an adjustment to the City Council salaries. Currently, the amount of salary provided to a councilmember is codified at Colma Municipal Code Section 1.04.010 and is currently set at $961 per month. The increase of City Council salaries is governed by Government Code Section 36516. This section generally limits increases to no more than 5% per year from the last increase in salary. The City Council last increased the City Council’s salary in 2018 (six years ago) through its adoption of Ordinance No. 784 which increased the City Council’s salary at the time by 4% from $924 to $961 per month.
At the September 25, 2024 City Council meeting, the City Council gave direction to adjust the Council salary by the full legally allowable 30% from $961 per month to $1249 per month.
FISCAL IMPACT
The current FY 24-25 budget includes amounts to pay any increased salary amount to councilmembers.
ENVIRONMENTAL
The City Council’s decision to increase its salary is exempt from environmental review under the California Environmental Quality Act pursuant to CEQA Guideline 15378 as it is more akin to a government fiscal activity, which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
ITEM #6
25977.00100\42521952.1
Staff Report Ordinance re Council Compensation Page 2 of 2
ANALYSIS
Government Code Section 36516 allows the City Council to increase the salaries of council members by an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary. Under this formula, the Council may adopt an ordinance this year increasing the salary of council members by 30% (5% per year times six calendar years since December 2018, which was the operative date of the last salary increase). Under Government Code § 36516.5, a change in compensation of a council member does not become effective until one or more members of the Council begins a new term of office. When at least one council member begins a new term, all members are entitled to the adopted increase in compensation. Thus, if the City Council approves an increase, it would become effective at the time of the swearing in of a new City Council in December 2024.
Based on Council direction provided at the September 25, 2024 City Council meeting where Council gave direction to increase the salary for the full legally allowable increase of 30%, staff has prepared an ordinance for the City Council’s consideration adjusting the salary from $961 per month to $1249 per month.
Council Adopted Values
The City Council’s decision to consider an adjustment to the Council salary is consistent with the Council value of vision as it ensures the City Council is looking to the future to keep the Council salary at an appropriate amount and that the amount does not fall too far behind based on inflation and other factors.
Alternatives
The City Council could choose not to introduce the ordinance and adjust the Council salary, or could further discuss the amount and choose another amount that is less than a 30% increase.
CONCLUSION
The City Council should introduce the ordinance.
ATTACHMENTS
A. Ordinance
Ord. No. ___ Council Compensation Page 1 of 3
ORDINANCE NO. ____
OF THE CITY COUNCIL OF THE TOWN OF COLMA
AN ORDINANCE AMENDING SECTION 1.04.010 OF THE COLMA MUNICIPAL CODE,
RELATING TO COMPENSATION OF COUNCIL MEMBERS PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby ordain as follows:
Article 1. FINDINGS
(a)The City Council last updated its compensation in 2018 pursuant to its adoption of Ordinance No. 784 that adjusted the City Council’s compensation from $924 to $961 per month. (b)As it has been six years since the last adjustment in compensation, the City Council considered an adjustment in a study session held at a regular meeting on September 25, 2024. (c)At the study session, the City Council gave direction to potentially adjust the compensation by the fully allowable 30% pursuant to California Government Code Section 36516(a)(4) that allows for a 5% per year increase for six years as November of 2018 is the operative date of the last adjustment).
(d)At the study session, the City Council acknowledged that some councilmembers would be leaving the Council this year, or in future years, and that there was a need to adjust the compensation amount to ensure that new potential councilmembers step forward and that low compensation would not be a deterrent.
(e)Further, since 2018, inflation has increased in the San Francisco Bay Area, with inflation increasing exponentially during the pandemic. For example, in 2018 the inflation rate in California was 2.4% while in 2022 it was 8%.
(f)In short, in an effort to ensure that individuals run for City Council and to ensure that Council compensation increases correspond with inflation and other costs of living, this ordinance has been prepared to allow the City Council to consider an adjustment to Council compensation.
(g)The City Council considered this ordinance in open session at two regular City Council meetings held on October 9, 2024 and October 23, 2024 as required by California Government Code Section 36516(g).
Article 2. COLMA MUNICIPAL CODE SECTION 1.04.010 AMENDED Section 1.04.010 of the Colma Municipal Code is amended to read as follows:
ATTACHMENT A
Ord. No. ___ Council Compensation Page 2 of 3
1.04.010 Compensation of City Council Members.
From and after the commencement of the term of office of any council member after the adoption of this ordinance, each member of the City Council shall receive a salary of twelve hundred forty-nine dollars ($1249.00) per month.
[History: formerly § 1.501, ORD. 205, 12/8/76; ORD. 268, 3/10/82; ORD. 299, 7/11/84; ORD. 323, 7/10/85; ORD. 358, 10/14/87; ORD. 392, 7/12/89; ORD. 429, 8/14/91; ORD. 572, 3/8/00; ORD. 620, 9/8/04; ORD 655, 3/14/07; ORD 729, 11/13/13, ORD, 784, 10/24/18; ORD, _____; 10/23/24]
[Reference: GOV’T CODE §36516]
__________________________________________________________________ Article 3. SEVERABILITY.
Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
Article 4. NOT A CEQA PROJECT.
The City Council’s decision to increase its salary is exempt from environmental review under the California Environmental Quality Act pursuant to CEQA Guideline 15378 as it is more akin to a government fiscal activity, which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
Article 5. EFFECTIVE DATE.
This ordinance shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.
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Ord. No. ___ Council Compensation Page 3 of 3
Certification of Adoption
I certify that the foregoing Ordinance No. ____ was duly introduced at a regular meeting of the City Council of the Town of Colma held on October 9, 2024 and duly adopted at a regular meeting of said City Council held on October 23, 2024 by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor
Ken Gonzalez, Vice Mayor
Helen Fisicaro, Councilmember
Joanne F. del Rosario,
Councilmember
Carrie Slaughter,
Councilmember
Voting Tally
Dated ______________________ ___________________________________ John Irish Goodwin, Mayor
Attest: ____________________________
Michelle Estabillo, City Clerk