Revision to Agenda Item #3
• Revised staff report and Ordinance No. 2428. Please
see below for changes.
o Staff Report Changes
Fiscal Impact Section:
“The salary amount paid to each City Council Member will be increased by $257.18 each (a total increase in salaries paid per month to City Council Members of slightly less than $1,300)” Discussion Section:
“The increased amount does not exceed an increase of more than five percent (5%) over the amount currently being received ($942.82), multiplied by the number of years since the last adjustment was made in December 2006 (non-compounded)”
o Ordinance Changes
The Fifth “WHEREAS” Section
“the adjustment was an increase to an amount equaling nine hundred forty-two dollars and eighty-two cents ($942.82) per month”
Redline Version
Item Number: {{item.number}}
City Council / Board of Directors
Public Hearing
Meeting of: May 17, 2022
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Introduction of Ordinance No. 2428, amending Section 2.16.020 of Chapter 2.16 of the Victorville Municipal Code, for the purpose of adjusting the salaries of the members of the Victorville City Council
Recommendation:
That the Honorable City Council: (1) Open and conduct the public hearing; (2) Close the Public Hearing; (3) Introduce Ordinance No. 2428 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2428.
Fiscal Impact:
There is no fiscal impact associated with this action at this time. However, when the salary increase becomes effective following the November 2022 election and the seating of new City Council Members in December as discussed herein, the salary amount paid to each City Council Member will b e increased by $299.36257.18 each (a total increase in salaries paid per month to City Council Members of slightly less than $1,3500.00) Background:
At the September 7, 2021 Regular City Council meeting, it was moved by Council Member Becerra and approved by a majority vote of the City Council to agendize an item for discussion and possible action regarding City Council stipend pay.
At the October 5, 2021 Regular City Council meeting, an item was presented to City Council providing a total compensation survey from surrounding cities with similar populations. At said meeting, a motion was made for the stipend for the City of Victorville City Council members to be increased to $1,200 a month after the 2022 general municipal election results are certified and ne w members are seated in December of 2022. The motion passed by majority vote of the City Council.
Discussion:
Both State law (Government Code Sections 36516 and 36516.5) and the Victorville Municipal Code (“VMC”) Section 2.16.030 permit a change in City Council compensation, provided that: (1) the increased amount does not exceed an increase of more than five percent (5%) over the amount currently being received ($94 2.820.64), multiplied by the number of years since the last adjustment was made in Decemb er 2006 (non - compounded); and (2) such increase becomes effective only when at least one member of the City Council commences a new term.
Based on the above noted action of the City Council and given that the proposed increase to $1,200 per month does not exceed the statutory five percent (5%) calculation, Section
2.16.020 of the VMC needs to be amended to reflect the change in the monthly salary for each member of the City Council.
Attached Ordinance No. 2428 amends the VMC and provides for such a change in compensation to be effective as of the first Council Member pay period that commences on or after the date new Council Members are sworn into office in December following the certification of the November 2022 election results.
During the course of review, it was also determined that several sections of Chapter 2.16, all of which address City Council salary/compensation issues, had not been updated since 1967 and contained references to laws no longer in effect, irrelevant population figures, and non-gender-neutral pronoun references. In addition, VMC Section 2.16.060 was no longer consistent with State law or adopted City Council policies relating to City Council expense reimbursements. As such, revisions to the outdated VMC sections were also made a part of Ordinance No. 2428 to ensure consistency with current State laws and City practices, but none of these proposed revisions will substantively affect the manner in which Chapter 2.16 has been operating for at least the past decade.
Staff remains available for any questions or comments you may have.
Attachments: A. Ordinance No. 2428
B. Blackline Comparison of Changes to Chapter 2.16
ORDINANCE NO. 2428
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING SECTION 2.16.020 OF
CHAPTER 2.16 OF THE VICTORVILLE MUNICIPAL CODE (“CITY
COUNCIL COMPENSATION”) FOR THE PURPOSE OF ADJUSTING
THE SALARIES OF THE MEMBERS OF THE VICTORVILLE C ITY
COUNCIL
WHEREAS, pursuant to California Government Code Section 36516, the City of Victorville (the “ City”) enacted Section 2.16.030 of the Victorville Municipal Code (“ VMC”), which provides that the salary payable to each member of the City Council o f the City of Victorville (“City Council”) may from time to time be increased by ordinance or by an amendment to an ordinance of the City Council; and
WHEREAS, pursuant to Section 2.16.030 of the VMC, any increase in salary cannot exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary; and
WHEREAS, Section 36516.5 of the California Government Code prohibits an adjustment in salary during a city council member’s term of office, but permits such adjustment in salary of all city council members serving staggered terms to take effect when at least one City Council member commences a new term; and
WHEREAS, the City Council members serve staggered terms and at least two members shall commence a new term in December 2022, following the certification of the November 8, 2022 election results and the swearing in of such new members at a meeting held in December specifically for that purpose; and
WHEREAS, the operative date of the last adju stment in salary was in December 2006, after certain City Council members commenced a new term, and the adjustment was an increase to an amount equaling nine hundred forty -two dollars and sixty-nineeighty-two cents ($940.64942.82) per month; and
WHEREAS, the City Council de ems it desirable to adopt this Ordinance to increase by means of an amendment to the VMC, the amount of salary received by members of the City Council, which amount cannot exceed an increase of more than five percent (5%) over the amount currently being received, multiplied by the number of years since the last adjustment was made in December 2006, such increase to be effective only on or after the date such new City Council members assume office in December following certification of the November 2022 gene ral municipal election results; and
WHEREAS, the City Council also deems it desirable to adopt this Ordinance to update various outdated provisions of VMC Chapter 2.16, align them with current State law and the City Council Policy and Procedures Manual, and provide for gender neutral terminology.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Ordinance by this by this reference.
Section 2. Amendment of Chapter 2.16 (“City Council - Compensation”) of the Victorville Municipal Code.
CHAPTER 2.16 OF THE VICTORVILLE MUNICIPAL CODE, ENTITLED “CITY COUNCIL - COMPENSATION”, IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
Chapter 2.16 - CITY COUNCIL – COMPENSATION
Section 2.16.010 – Purpose and authority.
This Chapter is enacted pursuant to Section 36516 of the California Government Code authorizing the City Council to provide by ordinance that each member of the City Council shall receive a prescribed salary, the amount of which is based upon the population of the City and adjusted from time to time as specified in said section.
2.16.020 Salaries – Amount.
Each member of the City Council shall receive as salary the sum of One Thousand Two Hundred dollars ($1,200.00) per month, which shall be payable at the same time and in the same manner as salaries are paid to other officers and employees of the City.
2.16.030 Salaries - Increase.
The salary payable to each member of the City Council as set forth in Section 2.16.020 may from time to time be increased by ordinance or by an amendment to an ordinance of the City Council; provided, however, that any increase cannot exceed an amount equal to five percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted; provided, further, that the salary as so increased shall become payable only on and after the date upon which one or more members of the council become eligible therefor by virtue of beginning a new term of office following the next succeeding general municipal election held in the City.
2.16.040 Salaries - Exclusive of reimbursement.
The salaries prescribed in this Chapter are and shall be exclusive of any amounts payable to each member of the City Council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the City.
2.16.050 Reserved.
2.16.060 Reimbursement for expenses.
In addition to the salary provided for in Section 2.16.020, City Council members may be reimbursed for the actual and necessary expenses incurred in the performance of their official duties, as such reimbursement has been established by the policies adopted by resolution of the City Council pursuant to the provisions of California Government Code Section 53232 et seq. and other applicable laws.
Section 3. Repeal of Conflicting Provisions
All the provisions of the Victorville Municipal Code as heretofore adopted by the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentence, clause, phrase, or portion of this ordinance. The City Council hereby declared that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. Effective Date
This Ordinance shall take effect thirty days (30) days after its final passage by the City Council; however, the effective date of the increased salary amounts will be determined in accordance with Section 2.16.030 of the Victorville Municipal Code, but shall in no event occur prior to the first Council Member pay perio d which commences on or after the date the new Council Members are sworn into office in December of 2022.
Section 6. Certification
The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published in the manner required by law.
Clean Version
Item Number: 3
City Council / Board of Directors
Public Hearing
Meeting of: May 17, 2022
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Introduction of Ordinance No. 2428, amending Section 2.16.020 of Chapter 2.16 of the Victorville Municipal Code, for the purpose of adjusting the salaries of the members of the Victorville City Council
Recommendation:
That the Honorable City Council: (1) Open and conduct the public hearing; (2) Close the Public Hearing; (3) Introduce Ordinance No. 2428 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2428.
Fiscal Impact:
There is no fiscal impact associated with this action at this time. However, when the salary increase becomes effective following the November 2022 election and the seating of new City Council Members in December as discussed herein, the salary amount paid to each City Council Member will be increased by $257.18 each (a total increase in salaries paid per month to City Council Members of slightly less than $1,300.00)
Background:
At the September 7, 2021 Regular City Council meeting, it was moved by Council Member Becerra and approved by a majority vote of the City Council to agendize an item for discussion and possible action regarding City Council stipend pay.
At the October 5, 2021 Regular City Council meeting, an item was presented to City Council providing a total compensation survey from surrounding ci ties with similar populations. At said meeting, a motion was made for the stipend for the City of Victorville City Council members to be increased to $1,200 a month after the 2022 general municipal election results are certified and new members are seated in December of 2022. The motion passed by majority vote of the City Council.
Discussion:
Both State law (Government Code Sections 36516 and 36516.5) and the Victorville Municipal Code (“VMC”) Section 2.16.030 permit a change in City Council compensation, provided that: (1) the increased amount does not exceed an increase of more than five percent (5%) over the amount currently being received ($942.82), multiplied by the number of years since the last adjustment was made in December 2006 (non - compounded); and (2) such increase becomes effective only when at least one member of the City Council commences a new term.
Based on the above noted action of the City Council and given that the proposed increase to $1,200 per month does not exceed the statutory five percent (5%) calculation, Section
2.16.020 of the VMC needs to be amended to reflect the change in the monthly salary for each member of the City Council.
Attached Ordinance No. 2428 amends the VMC and provides for such a change in compensation to be effective as of the first Council Member pay period that commences on or after the date new Council Members are sworn into office in December following the certification of the November 2022 election results.
During the course of review, it was also determined that several sections of Chapter 2.16, all of which address City Council salary/compensation issues, had not been updated since 1967 and contained references to laws no longer in effect, irrelevant population figures, and non-gender-neutral pronoun references. In addition, VMC Section 2.16.060 was no longer consistent with State law or adopted City Council policies relating to City Council expense reimbursements. As such, revisions to the outdated VMC sections were also made a part of Ordinance No. 2428 to ensure consistency with current State laws and City practices, but none of these proposed revisions will substantively affect the manner in which Chapter 2.16 has been operating for at least the past decade.
Staff remains available for any questions or comments you may have.
Attachments: A. Ordinance No. 2428
B. Blackline Comparison of Changes to Chapter 2.16
ORDINANCE NO. 2428
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING SECTION 2.16.020 OF
CHAPTER 2.16 OF THE VICTORVILLE MUNICIPAL CODE (“CITY
COUNCIL COMPENSATION”) FOR THE PURPOSE OF ADJUSTING
THE SALARIES OF THE MEMBERS OF THE VICTORVILLE CITY
COUNCIL
WHEREAS, pursuant to California Government Code Section 36516, the City of Victorville (the “ City”) enacted Section 2.16.030 of the Victorville Municipal Code (“ VMC”), which provides that the salary payable to each member of the City Council of the City of Victorville (“City Council”) may from time to time be increased by ordinance or by an amendment to an ordinance of the City Council; and
WHEREAS, pursuant to Section 2.16.030 of the VMC, any incre ase in salary cannot exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary; and
WHEREAS, Section 36516.5 of the California Government Code prohibits an adjustment in salary during a city council member’s term of office, but permits such adjustment in salary of all city council members serving staggered terms to take effect when at least one City Council member commences a new term; and
WHEREAS, the City Council members serve staggered terms and at least two members shall commence a new term in December 2022, following the certification of the November 8, 2022 election results and the swearing in of such new members at a meeting held in December specifically for that purpose; and
WHEREAS, the operative date of the last adjustment in salary was in December 2006, after certain City Council members commenced a new term, and the adjustment was an increase to an amount equaling nine hundred forty-two dollars and eighty-two cents ($942.82) per month; and
WHEREAS, the City Council deems it desirable to adopt this Ordinance to increase by means of an amendment to the VMC, the amount of salary received by members of the City Council, which amount cannot exceed an increase of more than five percent (5%) over the amount currently being received, multiplied by the number of years since the last adjustment was made in December 2006, such increase to be effective only on or after the date such new City Council members assume office in December f ollowing certification of the November 2022 general municipal election results; and
WHEREAS, the City Council also deems it desirable to adopt this Ordinance to update various outdated provisions of VMC Chapter 2.16, align them with current State law and the City Council Policy and Procedures Manual, and provide for gender neutral terminology.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. R ecitals
The recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Ordinance by this by this reference.
Section 2. Amendment of Chapter 2.16 (“City Council - Compensation”) of the Victorville Municipal Code.
CHAPTER 2.16 OF THE VICTORVILLE MUNICIPAL CODE, ENTITLED “CITY COUNCIL - COMPENSATION”, IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
Chapter 2.16 - CITY COUNCIL – COMPENSATION
Section 2.16.010 – Purpose and authority.
This Chapter is enacted pursuant to Section 36516 of the California Government Code authorizing the City Council to provide by ordinance that each member of the City Council shall receive a prescribed salary, the amount of which is based upon the population of the City and adjusted from time to time as specified in said section.
2.16.020 Salaries – Amount.
Each member of the City Council shall receive as salary the sum of One Thousand Two Hundred dollars ($1,200.00) per month, which shall be payable at the same time and in the same manner as salaries are paid to other officers and employees of the City.
2.16.030 Salaries - Increase.
The salary payable to each member of the City Council as set forth in Section 2.16.020 may from time to time be increased by ordinance or by an amendment to an ordinance of the City Council; provided, however, that any increase cannot exceed an amount equal to five percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted; provided, f urther, that the salary as so increased shall become payable only on and after the date upon which one or more members of the council become eligible therefor by virtue of beginning a new term of office following the next succeeding general municipal election held in the City.
2.16.040 Salaries - Exclusive of reimbursement.
The salaries prescribed in this Chapter are and shall be exclusive of any amounts payable to each member of the City Council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the City.
2.16.050 Reserved.
2.16.060 Reimbursement for expenses.
In addition to the salary provided for in Section 2.16.020, City Council members may be reimbursed for the actual and necessary expenses incurred in the performance of their official duties, as such reimbursement has been established by the policies adopted by resolution of the City Council pursuant to the provisions of California Government Code Section 53232 et seq. and other applicable laws.
Section 3. R
epeal of Conflicting Provisions
All the provisions of the Victorville Municipal Code as heretofore a dopted by the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. S everability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentence, clause, phrase, or portion of this ordinance. The City Council hereby declared that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. E
ffective Date
This Ordinance shall take effect thirty days (30) days after its final passage by the City Council; however, the effective date of the increased salary amounts will be determined in accordance with Section 2.16.030 of the Victorville Municipal Code, but shall in no event occur prior to the first Council Member pay period which commences on or after the da te the new Council Members are sworn into office in December of 2022.
Section 6. Ce rtification
The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published in the manner required by law.