HomeMy WebLinkAboutMC-1504ORDINANCE 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
adopted by 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 established by Ordinance No. 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 recommended the City Council set the 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 compensating elected 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. Chapter 2.82 is hereby added to the City of San Bernardino Municipal
Code to read, in its entirety, as follows:
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 Judge in 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
amounts payable to the Mayor for out of town attendance on 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
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business-related travel and further exclusive of any amounts payable to a City Council member
for out of town attendance on City -related business."
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
activities which do not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment are not CEQA projects. Here, this
Ordinance provides funding to the Mayor and City Council Members and does not 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 circumstance is 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 salaries and benefits established herein 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.
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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 adopted by 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
m 0X
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�
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R. Carey D;
City of San