HomeMy WebLinkAboutOrdinance No. 2024-06 - City Council CompensationORDINANCE NO. 2024-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING SECTION 2-30 AND SECTION 2-31 OF THE
AZUSA MUNICIPAL CODE RELATING TO CITY COUNCIL AND
MAYOR’S COMPENSATION
WHEREAS, Government Code Section 36516 (§36516) establishes limits on the amount
of compensation that city council members may receive for their service as elected officials; and
WHEREAS, Senate Bill 329 (SB 329), signed into law by Governor Gavin Newsom on
June 29, 2023, increases the maximum base tiers for city council salaries, based upon the
population of a municipality, that may be approved by a city council by an ordinance or
amendment thereto; and
WHEREAS, SB 329 acknowledges the compensation schedule for general law cities has
not been adjusted since 1984, meaning that city council compensation has not kept pace with
inflation; and
WHEREAS, SB 329 further acknowledges that allowing cities to adjust their
compensation for inflation since 1984 may help city councils become more diverse because
increased compensation can help individuals from across different income levels receive sufficient
income from their service to help ensure that they can continue to serve the public and support
their families; and
WHEREAS, on August 2, 1999, the City of Azusa City Council adopted Resolution No.
99-ClOl, reinstating a monthly salary of $400.00 for the Mayor and each City Council Member
(collectively “City Council”), effective July 1, 1999; and
WHEREAS, the time, commitment, and expense of serving on the City Council have
increased, but the salaries for City Council Members have not been adjusted since 1999; and
WHEREAS, as amended by SB 329, as of January 1, 2024, §36516 is amended to read:
(1) A city council may enact an ordinance providing that each member of the city council
shall receive a salary based on the population of the city as set forth in paragraph (2).
(2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine
hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and
including one thousand two hundred seventy-five dollars ($1,275) per month.
(a)
(C) In cities over 50,000 up to and including 75,000 in population, up to and
including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and
including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and
including two thousand five hundred fifty dollars ($2,550) per month.
(F) In cities over 250,000 population, up to and including three thousand two
hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the
last preceding federal census, or a subsequent census, or estimate validated by the Department of
Finance.
(4) The salary of council members may be increased beyond the amount provided in this
subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase
shall not exceed the greater of either of the following:
(A) An amount equal to 5 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.
(B) An amount equal to inllation since January 1, 2024, based upon the California
Consumer Price Index, which shall not exceed 10 percent for each calendar year.
(5) No ordinance shall be enacted or amended to provide automatic future increases in
salary,
(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council
members shall receive a salary for services, and the amount of that salary, may be submitted to the
electors. If a majority of the electors voting at the election favor it, all of the council members shall
receive the salary specified in the election call. The salary of council members may be increased
beyond the amount provided in this section or decreased below the amount in the same manner,
(c) Unless specifically authorized by another statute, a city council may not enact an ordinance
providing for compensation to city council members in excess of that authorized by the procedures
described in subdivisions (a) and (b). For the purposes of this section, compensation includes
payment for service by a city council member on a commission, committee, board, authority, or
similar body on which the city council member serves. If the other statute that authorizes the
compensation does not specify the amount of compensation, the maximum amount shall be one
hundred fifty dollars ($150) per month for each commission, committee, board, authority, or
similar body,
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security
benefits shall not be included for purposes of determining salary under this section, provided that
the same benefits are available and paid by the city for its employees.
(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses
pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to
this section.
(0 A city council member may waive any or all of the compensation permitted by this section.
(l)For the purposes of this section, a city council shall consider the adoption of an
ordinance to increase compensation in open session during at least two regular meetings of the city
council.
(g)
(2) At the f rst meeting, the city council shall present the proposed ordinance, which shall
include findings demonstrating the need for the increased compensation. The ordinance shall not
be adopted at the first meeting.
(3) At least seven days after the first meeting, the city council shall hold a second meeting
to consider whether to adopt the ordinance; and
WHEREAS, the City Council first discussed adjusting City Council salaries at the regular
meeting of the City Council on February 5, 2024; and
WHEREAS, the City Council desires to adjust City Council salaries based upon the
population of the City of Azusa as authorized by California Government Code section 36516; and
WHEREAS, Section 36516 requires the population of a city be determined by the last
preceding federal census, or a subsequent census, or estimate validated by the Department of
Finance. Azusa’s population per the Federal Census Bureau is estimated at 48,272 as of July 1,
2023 and per the Department of Finance at 49,420 as of January 1,2024; and
WHEREAS, based on the City of Azusa’s population, Section 36516 provides a city
council monthly salary amount of one-thousand two-hundred seventy-five dollars ($1,275); and
WHEREAS, in accordance with California Government Code section 36516.5, the
adjusted salaries will not take effect until one or more Council Members begins a new term of
office following the November 2024 election; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occun'ed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amendment to Section 2-30 of the Azusa Municipal Code. Section 2-30
(Compensation) of Division 1 (Generally) of Article II (City Council) of Chapter 2
(Administration) of the Azusa Municipal Code is hereby amended to read as follows:
Sec. 2-30. - Compensation.
Each member of the city council shall receive a salary of $1,275.00 per month, payable in
accordance with City's normal payroll cycle and practices, and subject to such change as may be
provided by Government Code § 36516.
SECTION 2, Amendment to Section 2-31 of the Azusa Municipal Code. Section 2-31
(Mayor’s Compensation) of Division 1 (Generally) of Article II (City Council) of Chapter 2
(Administration) of the Azusa Municipal Code is hereby amended to read as follows:
See. 2-31. - Mayor's compensation.
The mayor shall receive a salary of $ 1,275.00 per month, payable in accordance with City’s normal
payroll cycle and practices, and subject to such change as may be provided by Government Code
§ 36516.
SECTION 3. Effective Date of Salary Adjustment. Pursuant to California Government
Code section 35616.5, the increased salary set forth in Sections 1 and 2 of this Ordinance shall go
into effect and become payable for the Mayor and all City Council Members December 1, 2024 or
on the first day of the first month as soon as the following criteria is met: 1) when one or more
members of the City Council becomes eligible for a salary increase by virtue of a Council Member
beginning a new tenn of office following the November 5, 2024 general municipal election and 2)
when the November 5, 2024 election results are certified.
SECTION 4. CEQA Compliance. This ordinance is exempt from the requirements of the
California Environmental Quality Act (“CEQA”) under the State CEQA Guidelines because the
proposed action as it is not a “project” and has no potential to result in a direct or reasonably
foreseeable indirect physical change to the environment as it imposes regulations for the conduct
Attachment 1 of estate sales. Further, this ordinance is exempt from CEQA as there is no possibility
that this ordinance or its implementation would have a signilicant effect on the environment. 14
Cal. Code Regs. § 15061(b)(3).
SECTION 5. Severability. If any section, sentence, clause or phrase of this ordinance or
the application thereof to any entity, person or circumstance is held for any reason to be invalid or
unconstitutional, such invalidity or unconstitutionality does not affect other provisions or
applications of this ordinance that can be given effect without the invalid provision or application,
and to this end the provisions of this ordinance are severable. The City Council of the City ol
Azusa hereby declares that it would have adopted this ordinance and each section, sentence, clause,
and phrase thereof, irrespective of the fact that any one or more section, subsections, sentences,
clauses or phrases might be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after
its adoption by the City Council.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this ordinance.
Not later than 15 days following the passage of this ordinance, the ordinance, or a summary
thereof, along with the names of the City Council members voting for and against the Ordinance,
shall be published in a newspaper of general circulation in the City.
PASSED, APPROVED and ADOPTED this 16“’ day of September 2024.
Robert Gonzales
Mayor
ATTEST:
Cornejo, IXyT .
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Ordinance No. 2024-06 was duly introduced
and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held
on the 19^’’ day of August 2024, and that thereafter, said ordinance was duly adopted and passed at
a regular meeting on the 16"’ day of September, 2024, by the following vote of the Council:
COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH
COUNCILMEMBERS:
AYES:
NOES:
ABSENT: COUNCILMEMBERS
APPROVED AS TO FORM:
Bestj^est & Kriegei^, LLP
City Attorney