Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager l /-
Steven Graham, City Attorney
FOR: City Council Meeting of August 28, 2023
SUBJECT: Introduction and First Reading of Ordinance No. 433, Amending Section
2.04.020 of the Yucaipa Municipal Code Related to City Councilmember Compensation Pursuant to Senate Bill 329
RECOMMENDATION:
That the City Council:
1. Waive Full Reading and Introduce by Title Only Ordinance No. 433, an ordinance of the City Council of the City of Yucaipa, California, Amending Section 2.04.020 of the Yucaipa Municipal Code Related to the Compensation of City Councilmembers Pursuant to Senate Bill 329; and
2. Direct the City Clerk to place the Ordinance on the Consent Calendar for the next Regular City Council meeting that is at least seven (7) days from today.
BACKGROUND/DISCUSSION:
California cities fall into one of two types: general law or charter cities. While the California Constitution allows cities that adopt charters to control their own "municipal affairs" general law cities must follow all general, statewide laws, including the compensation of their officers. State law allows city councils to enact an ordinance to provide their city council members with a salary and salaries are limited based on the city's population.
The Legislature last adjusted these amounts and populations in 1984 [AB 2281 (Hauser), Chapter 100, Statutes of 1984]. A City of Yucaipa's population is permitted to compensate City Councilmembers a maximum of $500 per month under Government Code Section 36516(a)(2)(C).
The city can enact an ordinance to increase city council salaries beyond these amounts, but the increase cannot exceed 5% for each calendar year from the last salary adjustment, and no ordinance can provide for automatic future increases. The city can also increase or decrease these salaries in any amount by submitting a measure to the voters.
The California Legislature recently amended these amounts under Senate Bill 329. According to the Author of SB 329 "City Councilmembers have one of the hardest jobs in California
government. They deal with a wide range of issues, from street maintenance to emergency response duties. And all too often, they do this job with very little financial compensation. No one runs for City Council in order to make money. But the low levels of pay make it much harder for them to balance their careers and personal obligations with the calling to serve their community.
The Legislature has not raised the base pay amounts for City Councilmembers since 1984. It's time those amounts caught up to the present economic reality, especially with the rapid increase in inflation we've seen recently. Raising the pay will also make it easier for members of marginalized communities to serve. City Councils should be reflective of the communities they represent, and I believe raising their compensation is an important step to achieving that equitable outcome." No arguments in opposition were filed with the California Legislature and SB 329 passed without any votes in opposition.
The attached ordinance would set City Councilmember compensation to $1,600 per month as authorized by SB 329 effective when at least one member of the City Council begins a new term following January 1, 2024. The City Council would be authorized to increase those amounts in future years, but such increases would necessitate future action by the City Council as automatic increases are not permitted.
FISCAL IMPACT
No impact to the current adopted budget.
Attachment:
1. Ordinance No. 433
Approved by:
ATTACHMENT 1
ORDINANCE NO. 433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING SECTION 2.04.020 OF THE YUCAIPA
MUNICIPAL CODE RELATED TO THE COMPENSATION OF CITY
COUNCILMEMBERS PURSUANT TO SENATE BILL 329
WHEREAS, the compensation schedule for general law cities has not been adjusted since 1984, resulting in city council compensation that has not kept pace with inflation; and WHEREAS, enhancing compensation to account for inflation since 1984 ensures more individuals may serve the public and meet their familial obligations effectively; and WHEREAS, the substantial time requirements and inadequate compensation deter many individuals from actively pursuing public office; and
WHEREAS, on June 29, 2023, Governor Newsom signed Senate Bill 329, which authorizes an increase in City Councilmember salaries.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings
The City Council finds that the adoption of this Ordinance per Senate Bill 329 will promote greater representation and meaningful engagement.
Section 2. Municipal Code Amendment
Title 2, "Administration and Personnel," Chapter 2.04, "City Council," Section 2.04.020 "Compensation," of the Yucaipa Municipal Code is hereby amended to read as follows:
2.04.020 Compensation.
A. Purpose. The ordinance codified in this section is enacted pursuant to Section 36516 of the Government Code, which authorizes a city council to provide by ordinance that each member of the council may receive a compensation based upon the population of the city.
B. Population.
1) Section 36516(a)(3) of the Government Code states that "...the population of a city shall be determined by the last preceding federal census..."
2) On April 1, 2020, the federal census determined that the population of the City of Yucaipa is 54,542.
1 C. Compensation. The compensation for each member of the City Council shall be one thousand six hundred dollars ($1,600) per month. The compensation is payable at the same time and in the same manner as the compensation paid to each of the officers and employees of the city. Any amounts paid for retirement, health and welfare, and federal social security benefits, as well as amounts paid by the City to reimburse a member of the City Council for actual and necessary expenses, shall not be included for purposes of determining compensation.
D. Pursuant to Government Code Section 36515.5 and Senate Bill 329, the above amendment to City Councilmember salary shall be effective when at least one member of the City Council commences a new term on or after January 1, 2024.
Section 3. Severability
If any section, subsection, subdivision, 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 determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 4. Publication
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c).
Section 5. Adoption and Effective Date
This Ordinance shall be introduced at a regular meeting and adopted at a regular meeting at least seven days after introduction. This ordinance shall take effect on January 1, 2024.
PASSED, APPROVED and ADOPTED this
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
day of , 2023.
Justin Beaver, Mayor
APPROVED AS TO FORM
Steven Graham, City Attorney