October 18, 2022, Item #10
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
October 18, 2022
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
[email protected]
Alan Fenstermacher, City Attorney
[email protected]
CITY COUNCIL
Proposed Amendment to Section 2.04.020 of the Poway Municipal Code to Increase Mayor and City Councilmember Salaries
Proposed Increase to Mayor and Council member Mileage and Cellphone Reimbursement Allowances
California Government Code Section 36516 provides that a City Council may establish their salary by ordinance, with a maximum initial salary determined by the City's population. As a general law city, not a charter city, Poway is limited to specific salary increases. Salaries may be increased beyond the specified amount by an ordinance amendment up to an amount equal to five percent (5%). for each calendaryearfrom the last compensation adjustment, without compounding. The most recent Poway City Council salary adjustment was approved in 2018 (effective January 1, 2019). There is no state law limit on additional compensation that may be provided to a separately elected Mayor, but City policy states that the Mayor should make approximately 40% more than the other Councilmembers.
In March 2016, the City Council adopted Resolution No. 16-005, which directs City staff to review Mayor and City Council salaries every even-numbered year and present salary recommendations to Council for consideration and direction in a public meeting. The City did not do this in 2020, and thus, this item covers the prior four years.
Recommended Action:
Staff recommends that the City Council adopt 1) a proposed ordinance (Attachment A) adjusting Mayor aAd City Council member salaries, which would take effect in January 2023 following the November 2022 General Municipal Election, raising Council salaries by 5% for each of the four calendar years since the last increase, which generally keeps pace with total inflation over that same time period; and 2) a proposed resolution (Attachment B) increasing the Mayor and Council members mileage and cell phone reimbursement allowances to keep pace with costs, which would also take effect in January 2023. The City Council may modify the amount of the proposed increase(s) during the public hearing, if desired, or reject any portion thereof. 1 of7
October 18, 2022, Item #10
Discussion: California
Government
Code
Section
36516
provides
that
a
city
council
may
establish
their
salary
by
ordinance,
with
a
maximum
initial
salary
determined
by
the
City's
population,
and
limits
future
increases.
California
Government
Code
section
36516.1
allows
the
Mayor
to
receive
additional
compensation
as
compared
to
Councilmembers,
reflecting
the
Mayor's
additional
duties.
Following
the
most
recent
salary
adjustment
to
City
Council
salaries,
which
was
approved
in
2018
and
took
effect
January
1,
2019
(Ordinance
No.
810),
the
current
Council
salaries
and
cost
reimbursement
allowances
are
as
follows: •
Mayor
-
$1,922.43
monthly
salary
$420
per
month
mileage
reimbursement
$75
per
month
cell
phone
reimbursement
•
Councilmembers
- $
1,373.16
monthly
salary
$300
per
month
mileage
reimbursement
$50
per
month
cell
phone
reimbursement
The
City
Council's
salaries
may
be
increased
beyond
the
specified
amount
by
an
ordinance
amendment
up
to
an
amount
equal
to
five
percent
(5%)
for
each
calendar
year
from
the
last
compensation
adjustment.
Thus,
the
maximum
increase
permitted
by
law
is
a
total
of
20%,
non
compounded. Pursuant
to
City
Council
Resolution
No.
16-005,
Mayor
and
Councilmember
salary
increases
should
generally
reflect
changes
to
the
Consumer
Price
Index
(CPI),
but
not
exceed
limits
set
forth
by
California
Government
Code
of
5%
each
year.
This
Resolution
also
states
that
the
Mayor
should
generally
make
40%
more
than
the
other
Councilmembers,
in
recognition
of
the
extra
time
commitments
required
for
the
position
of
Mayor
.
Thus,
as
mentioned
above,
the
City
Council
is
authorized
to
approve
an
increase
to
its
salary
by
a
maximum
of
20%
(four
years
at
5%
per
year),
without
compounding
.
This
maximum
amount
would
be
an
increase
of
$274.63
per
month
for
each
Councilmember,
and
$384.48
per
month
for
the
Mayor,
which
reflects
the
same
40%
differential
that
exists
today.
Over
the
last
four
years,
the
CPI
for
the
San
Diego
region
has
increased
by
approximately
18%,
using
the
November
12-month
figures
for
2019-2021,
and
July
for
2022
(the
most
recent
published
figure
as
of
the
date
of
the
posting
of
this
agenda
report).
City
staff
recommends
that
the
City
Council
adopt
the
full
20%
increase
in
compensation,
which
recognizes
that
as
a result
of
current
inflation
conditions,
yearly
CPI
increases
are
likely
to
remain
above
5%
for
the
coming
years,
and
thus
future
raises
-which
are
capped
at
5%
-will
not
be
able
to
fully
capture
the
future
CPI
increase
.
City
staff
also
reviewed
the
mileage
and
cell
phone
reimbursement
allowances,
wh
ich
are
likely
well
below
actual
costs,
given
recent
inflation,
and
significant
increases
to
gas
prices
in
particular.
In
fact,
the
$50
cell
phone
cost
allowance
amount
was
originally
set
in
2003,
well
before
smartphones
and
associated
data
charges
. Staff
therefore
recommends
a similar
20%
increase
to
both
reimbursement
allowances
for
the
entire
Council,
which
would
result
in
an
$80
increase
for
the
Mayor's
mileage
reimbursement
(rounded
down
from
$84),
$60
for
Councilmembers'
mileage
reimbursement,
a
$15
dollar
monthly
increase
for
the
Mayor's
cell
phone
reimbursement
allowance,
and
a
$10
increase
for
Councilmembers.
Based
on
staffs
analysis,
these
figures
are
all
still
likely
below
the
City
Council's
actual
costs.
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October 18, 2022, Item #10
In
sum,
staff
recommends
that
the
City
Council
adopt
the
proposed
ordinance
(Attachment
A)
and
resolution
(Attachment
B),
which
would
result
in
the
following
new
salary
and
cost
reimbursement
allowances:
•
Mayor
-
•
Council
member
-
$2,306.91
monthly
salary
$500
per
month
mileage
reimbursement
$90
per
month
cell
phone
reimbursement
$1,647.79
monthly
salary
$360
per
month
mileage
reimbursement
$60
per
month
cell
phone
reimbursement
Pursuant
Government
Code
section
36516.5,
a
change
in
compensation
does
not
apply
to
an
elected
official
during
his
or
her
term
in
office.
However,
the
compensation
of
all
members
of
a
City
Council
serving
staggered
terms
can
be
adjusted
by
virtue
of
the
beginning
of
a
new
term
of
office
for
a single
member.
Therefore,
any
approved
salary
increase
will
not
take
effect
until
after
the
November
2022
election,
but
will
apply
to
all
members
of
the
City
Council.
If
approved,
these
increases
would
take
effect
on
January
1,
2023.
Environmental
Review:
None
.
Fiscal
Impact:
Approval
of
this
item
will
result
in
an
adjustment
to
the
Fiscal
Year
2023-24
operating
budget
and
will
reflect
increased
annual
salary
and
related
benefit
costs
of
approximately
$20,560
(total
salary
cost
is
approximately
$17,796),
and
a
total
increase
of
annual
mileage
($3,840)
and
cell
phone
reimbursements
($660)
of
$4,500.
Public
Notification:
None. Attachments: A.
Ordinance
Amending
Section
2.04.020
of
the
Poway
Municipal
Code
to
Increase
Council
Compensation
B.
Resolution
Amending
the
Mileage
and
Cell
Phone
Reimbursement
Amounts
for
the
Mayor
and
Councilmembers
Reviewed/Approved
By
:
')/~
~
·
Wendaserman Assistant
City
Manager
3 of7
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
c~ City
Manager
October 18, 2022, Item #10
ORDINANCE
NO.
AN
ORDINANCE
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA
, AMENDING
SECTION
2.04.020
OF
THE
POWAY
MUNICIPAL
CODE
TO
INCREASE
MAYOR
AND
COUNCIL
COMPENSATION
WHEREAS,
Section
2.04 .020
of
the
Poway
Municipal
Code
sets
forth
the
salary
for
the
Mayor
and
each
member
of
the
City
Council;
and
;
WHEREAS,
California
Government
Code
section
36516
allows
Councilmember
compensation
to
be
increased
by
no
more
than
five
percent
(5%)
for
each
calendar
year
since
the
last increase
became
operative;
and
;
WHEREAS,
the
City
Council
last
increased
its
salary
by
ordinance
in
2018;
and
WHEREAS,
thus
, State
law
permits
a
maximum
pay
increase
of
twenty
percent
(20%);
and
WHEREAS
, the
pay
increase
being
adopted
at
this
time
equals
20%,
with
the
Mayor
retaining
a
40%
differential
from
the
salaries
of
the
remainder
of
the
Council,
pursuant
to
City
policy.
NOW,
THEREFORE,
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY
DOES
ORDAIN
AS
FOLLOWS
:
SECTION
1:
The
above
recitals
are
true
and
correct,
and
incorporated
herein
by
this
reference
.
SECTION
2:
Section
2.04.020(A)(1)
of
the
Poway
Municipal
Code
is
hereby
added
to
read
as
follows,
with
deletions
shown
in
strikethrough
and
additions
shown
in
underline:
2.04.020
Compensation.
A.
The
Mayor
and
each
member
of
the
City
Council
shall
receive
compensation
as
follows:
1. Effective
January
1,
2023
, the
Mayor
shall
receive
as
salary
the
sum
of
$1,922.43
$2,306.91
per
month
as
authorized
by
Sections
36516
and
36516
.1
of
the
Government
Code
and
all
other
members
of
the
City
Council
shall receive
the
sum
of
$1,373.161
$1,647.79
per
month
as
authorized
by
Section
36516
of
the
Government
Code
payable
at the
same
time
and
in
the
same
manner
as
salaries
that
are
paid
to
other
officers
and
employees
of
the
City
.
SECTION
3:
This
Ordinance
shall
be
codified.
EFFECTIVE
DA
TE:
This
Ordinance
shall
take
effect
and
be
in
force
thirty
(30)
days
after
its
adoption
.
4 of7
ATTACHMENT
A
October 18, 2022, Item #10
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 18th day of October, 2022, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 15th day of November, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
s of7
October 18, 2022, Item #10
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING MILEAGE AND PHONE
COST REIMBURSEMENT ALLOWANCES FOR MAYOR AND
CITY COUNCIL
WHEREAS, the City may, from time to time, amend the benefits of elected officials, including cost reimbursement allowances;
WHEREAS, the Mayor currently receives a mileage reimbursement allowance of $420 per month;
WHEREAS, the City Councilmembers currently receive a mileage reimbursement allowance of $300 per month;
WHEREAS, the Mayor currently receives a cellphone reimbursement allowance of $75 per month;
WHEREAS, the City Councilmembers currently receive a cellphone reimbursement allowance of $50 per month;
WHEREAS, the Mayor is required to attend extra events and has additional time commitments in the elected position, as recognized by City policy to generally compensate the Mayor 40% more than the remaining Council members; and
WHEREAS, the City Council wishes to increase these amounts to reflect increases in costs over the years since the time when these amounts were last increased, particularly the significant increase in the cost of gas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Council hereby approves an increase to the mileage reimbursement allowance (i) from $420 per month to $500 per month for the Mayor, and (ii) from $300 to $360 per month for City Councilmembers, both beginning on January 1, 2023.
SECTION 2: The City Council hereby approves an increase to the cellphone reimbursement amount (i) from $75 to $90 for the Mayor, and (ii) from $50 per month to $60 per month for City Councilmembers, beginning in January 1, 2023.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of October, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
6 of7 ATTACHMENT B
October 18, 2022, Item #10
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
7 of7