ORDINANCE NO. XXX-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF UNION CITY AMENDING SECTION 2.04.400
“MAYORAL AND COUNCILMEMBER SALARIES” OF
THE UNION CITY MUNICIPAL CODE TO INCREASE THE
COMPENSATION OF THE MAYOR AND
COUNCILMEMBERS
WHEREAS, Article XI (“Mayoral and Councilmember Compensation”) Section 2.04.400 (“Mayoral and Councilmember salaries”) of the Union City Municipal Code provides for the payment of salaries to City Councilmembers and the Mayor; and WHEREAS, Section 2.04.400 currently authorizes the City to pay Councilmembers a salary of one thousand six hundred and twenty-five dollars ($1,625) per month; and WHEREAS, Section 2.04.400 currently authorizes the City to pay the Mayor a salary of two thousand four hundred and thirty-seven dollars ($2,437) per month; and WHEREAS, said salaries took effect December 1, 2008; and WHEREAS, City Councilmembers and the Mayor have not received an increase in salary since December 1, 2008; and
WHEREAS, the City Council is authorized by Government Code Section 36516 to increase the salary of Councilmembers and the Mayor in an amount not to exceed five percent (5%) per calendar year from the operative date of the last adjustment of salary; and WHEREAS, the City Council is authorized by Government Code Section 36516.1 to pay an elected Mayor salary in excess of that which they receive as a Councilmember; and WHEREAS, on July 29, 2024, City staff presented to the Legislation and Policy Committee (the “Committee”) regarding the Mayoral and City Councilmember salary and benefits. The Committee elected to propose for Council consideration a $300 monthly salary increase for the Mayor and Councilmembers; and
WHEREAS, the City Council desires to increase the salary of the Councilmembers and Mayor starting January 1, 2025, which is permitted by Government Code Sections 36516 and 36516.1.
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals (“Recitals”) are true and correct and incorporated herein by reference.
SECTION 2. CEQA. Approval of the amendments is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
City Council/RSA Agenda 382 Tuesday, September 24, 2024 Resolution No. XXX-24
Amending Mayoral and Councilmember Salaries
SECTION 3. Municipal Code Amendments. Section 2.04.400 (“Mayoral and Councilmember salaries”) of the Union City Municipal Code is hereby amended as follows (replacements in double underline; deletions in strikethrough):
§ 2.04.400. Mayoral and Councilmember salaries.
Effective December 1, 2008, January 1, 2025, each member of the City Council of the City of Union City shall receive as salary, the sum of one two thousand six one hundred and twenty-five dollars per month pursuant to the provisions of Government Code Section 36516.5. Effective December 1, 2008, January 1, 2025, the Mayor shall receive a salary in the amount of two thousand four nine hundred and thirty-seven dollars per month pursuant to Section 36516.5. Until December 1, 2008, January 1, 2025, the Mayoral and Councilmember salaries that became effective December 1, 2006 2008 shall remain in effect.
SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 5. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect thirty (30) days after its adoption.
City Council/RSA Agenda 383 Tuesday, September 24, 2024 Resolution No. XXX-24
Amending Mayoral and Councilmember Salaries
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 24
th day of September 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 384 Tuesday, September 24, 2024 Agenda Item
DATE: 9/10/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: WAIVE FULL READING AND INTRODUCE BY TITLE ONLYAN ORDINANCE OF THE CITY COUNCIL OF THE CIT OF UNION CITYAMENDING SECTION 2.04.400 “MAYORALAND COUNCILMEMBER SALARIES” OF THE UNION CITY MUNICIPAL CODE TO INCREASE THE COMPENSATION OF THE
MAYOR AND COUNCILMEMBERS
Article XI (“Mayoraland Councilmember Compensation”) Section 2.04.400 (“Mayoraland Councilmember salaries”) of the Union City Municipal Code provides for the payment of salaries to City Councilmembers and the Mayor. City Councilmembers and the Mayor have not received an increase in salary since December 1, 2008.
On July 29, 2024, the Legislation and Policy Committee (the “Committee”) reviewed Mayoraland Councilmember salaries relative to comparable agencies and recommended that staff prepare an ordinance for consideration and discussion that would reflect a monthly salary increase for the Mayor and Councilmembers.
Staff recommends that the City Councilconsider waiving full reading and introducing an ordinance amending Section 2.04.400 of the Union City Municipal Code ("Mayoraland Councilmember Salaries") to increase the salaries of City Councilmembers and Mayor by $300 per month or provide further direction.
STRATEGIC PLAN ALIGNMENT
This item is not directly related to the Strategic Plan.
BACKGROUND
As required by Government Code Sections 36516 and 36516.1, the monthly salary for the Mayor and City Councilare established by City ordinance and codified in Union City Municipal Code (“UCMC”) Section 2.04.400. The Mayoral salary is currently set at $2,437 per month and Councilmember salaries are set at $1,625 per month. These salaries were last increased in December 2008, just under 16 years ago.
On July 29, 2024, City staff provided a presentation to the Committee regarding the Mayoraland City Councilmember salary and benefits. Based upon a review and comparison of the salary and benefits for elected officials within Alameda County cities, the Committee recommended that staff prepare an ordinance with a proposed salary increase of $300 per month for Councilmembers and Mayor. This would result in a monthly salary of $2,737 for the Mayor and $1,925 for Councilmembers.
DISCUSSION
The Committee reviewed the salaries for mayors and councilmembers in other Alameda County cities (which have been updated since the July 29 Committee meeting) as provided below:
City Mayor Councilmembers
Union City $2,437.00 $1,625.00
City Council/RSA Agenda 385 Tuesday, September 24, 2024 Union City $2,437.00 $1,625.00
Alameda: $2,359.25 $1,582.16
Emeryville: $1,446.74 (Rotational) $1,446.74
Fremont: $4,313.28 $2,427.76
Hayward: $5,774.00 $3,608.75
Livermore: $1,490.00 $1,070.00
San Leandro: $2,646.00 $1,323.00
Albany: $950.00 (Rotational) $950.00
Newark: $2,999.00 $1,371.00
Piedmont: $0 $0
Pleasanton: $1,421.92 $1,321.92
Dublin: $2,400.00 $1,600.00
The mean monthly salary for mayors is $2,353.09 and the median monthly salary is $2,379.50. The mean monthly salary for councilmembers is $1,527.19 and the median monthly salary is $1,408.87.
The Committee considered where the Mayoraland Councilmember salaries stood relative to the above Alameda County cities prior to directing staff to prepare an ordinance for a $300 monthly increase in salary for Council discussion and consideration.
Under state law, the City Councilcan increase its salaries by 5% per calendar year since the last increase. In this instance, the last increase occurred in December 2008. Thus, the City Councilcould increase its salary by up to 80% pursuant to Government Code Section 36516.
The City Attorney has prepared a draft ordinance that would, starting January 1, 2025, increase the salary of Councilmembers from $1,625 per month to $1,925 per month and increase the salary of the Mayor from $2,437 per month to $2,737 per month.
FISCAL IMPACT
The proposed increase in salaries will result in a fiscal impact of $18,000 annually.
RECOMMENDATION
Staff recommends that the City Councilconsider waiving full reading and, by title only, introducing an ordinance amending Section 2.04.400 of the Union City Municipal Code ("Mayoraland Councilmember Salaries") to increase the salaries of City Councilmembers and Mayor by $300 per month or provide further direction.
Prepared by:
Erica Gonzalez, Senior Associate Attorney
Submitted by:
Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:
Description Type
Proposed Ordinance Ordinance
Desk Item- CPI Inflation Calculator December 2008 to July 2024 Attachment
7.c. Powerpoint Attachment
REVIEWERS:
City Council/RSA Agenda 386 Tuesday, September 24, 2024 Department Reviewer Action Date
City Attorney Kokotaylo, Kris Approved 9/5/2024 - 3:40 PM City Manager’s Department Malloy , Joan Approved 9/5/2024 - 6:02 PM City Council/RSA Agenda 387 Tuesday, September 24, 2024