ORDINANCE NO. MC 1504
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING COMPENSATION AND BENEFITS
FOR THE CITY - ELECTED OFFICIALS
WHEREAS, Article XI, Section 5 of the California Constitution authorizes the City of San Bernardino, as a charter city, to provide for the compensation of the Mayor and City Council; and
WHEREAS, Mayor and City Council salaries are currently established by Section 24 of the former City Charter; and
WHEREAS, Section 305 of the new City Charter adopted by voters on November 8, 2016 and Municipal Code Chapter 2. 19 require that compensation for elected officials be adoptedby ordinance, after public hearing, and considering the recommendations of an advisory commission; and
WHEREAS, on February 21, 2018, the Elected Official Compensation Advisory Commission ( the " Commission") was establishedby OrdinanceNo. MC -1463; and WHEREAS, since its establishment, the Commission has met on five occasions to discuss the setting of compensation and benefits for the Mayor and City Council; and WHEREAS, at its July 23, 2018 meeting, after a comprehensive review of data compiled by City staff, the Commission recommendedthe City Council setthe Mayor' s annual salary at its current level of 50% of the salary of a Superior Court Judge in County of San Bernardino and provide for an employer health benefits contribution equivalent to that made available to management employees along with a monthly auto allowance of $ 725; and WHEREAS, at its August 13, 2018 meeting, the Commission recommended the City Council set each City Council member' s annual salary at $ 14, 000 and provide for an employer health benefits contribution equivalent to that made available to management employees along with a monthly auto allowance of $ 500; and
WHEREAS, in making these recommendations, the Commission emphasized the importance of compensatingelected leaders at levels suitable to attract a diverse talent pool and to provide adequate compensation for this region while serving the City.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Chapter2.82 is hereby addedto the City of SanBernardinoMunicipal Code to read, in its entirety, asfollows:
Chapter 2. 82
Mayor and City Council Compensation
Sections:
2. 82. 010 Compensation of Mayor
2. 82. 020 Compensation of City Council Members
2. 82. 010 Compensation of Mayor
Commencing January 1, 2019, the Mayor shall receive the following compensation:
A. Annual salary of fifty percent (50%) of the salary of a Superior Court Judgein County of San Bernardino, subject to annual adjustment to be implemented January 1 of each subsequent year,
B. Employer health benefits contribution equivalent to that offered by the City to management employees; and
C. An auto allowance of $ 725 per month.
The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to the Mayor as per day compensation for City business-related travel and further exclusive of any amountspayableto the Mayor for out of town attendanceon City -related business.
2. 82. 020 Compensation of City Council Members
Commencing January 1, 2019, each City Council member shall receive the following compensation:
A. Annual salary of $ 14,000;
B. Employer health benefits contribution equivalent to that offered by the City to management employees; and
C. An auto allowance of $ 500 per month.
The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the applicable City Council member. Any City Council member may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to a City Council member as per day compensation for City 2 business-relatedtravelandfurtherexclusiveof anyamountspayableto a City Councilmember for outof town attendanceon City -relatedbusiness."
SECTION 3. The City Council finds this Ordinance is not subject to the California Environmental Quality Act ( CEQA) pursuant to State CEQA Guidelines Section 15378(b)(4), which provides that the creation of government funding mechanisms or other government fiscal activitieswhich do not involve any commitmentto any specificproject which may result in a potentially significant physical impact on the environment are not CEQA projects. Here, this Ordinanceprovidesfundingto theMayor andCity Council Membersanddoesnot involve any commitment to any specific project that may result in a potentially significant impact on the environment. Moreover, this Ordinance is exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstanceis held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 5. Effective Date. This Ordinance shall become effective thirty ( 30) days after the date of its adoption. Notwithstanding the foregoing, in compliance with Section 305 of the City Charter, the salariesand benefits establishedherein shall become effective on January 1, 2019.
SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 of the Government Code of the State of California.
3 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING COMPENSATION AND BENEFITS
FOR THE CITY - ELECTED OFFICIALS
I HEREBY CERTIFY that the foregoing Ordinance was duly adoptedby the Mayor and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 3d
day
of October 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL V
RICHARD X
MULVIHILL
m0X
r
Geo ), eanniganna, CMC y Clerk
The foregoing Ordinance is hereby approved this
3rd
day of October 2018.
Approved as to form:
Gary D. Saenz, City Attorney
By: 4* W4-- . on x
4 R. Carey D;
City of San