Item 7 - Proposed Amendment to Section 2.04.020 of the PMC to Increase Mayor and City Councilmember SalariesDATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
May 7, 2024
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
afenstermacher@poway.org
Proposed Amendment to Section 2.04.020 of the Poway Municipal Code to Increase
Mayor and City Councilmember Salaries
California Government Code section 36516 provides that a City Council may establish their salary by
ordinance, with a maximum initial salary determined by the City's population. As a general law city,
not a charter city, Poway is limited to specific salary increases. Salaries may be increased beyond the
specified amount by an ordinance amendment up to an amount equal to five percent (5%) for each
calendar year from the last compensation adjustment, without compounding. The most recent Poway
City Council salary adjustment was approved in 2022 (effective January 1, 2023). There is no state law
limit on additional compensation that may be provided to a separately elected Mayor, but City policy
states that the Mayor should make approximately 40% more than the other Councilmembers.
In March 2016, the City Council adopted Resolution No. 16-005, which directs City staff to review
Mayor and City Council salaries every even-numbered year and present salary recommendations to
Council for consideration and direction in a public meeting.
Recommended Action:
Staff recommends the City Council adopt a proposed ordinance (Attachment A) adjusting Mayor and
City Council member salaries, which would take effect in January 2025 following the November 2024
General Municipal Election, raising Council salaries by 5% for each of the two calendar years since the
last increase. City staff is not recommending increasing the Mayor and Council members mileage and
cell phone reimbursement allowances, which were increased along with salaries effective
January 2023. The City Council may modify the amount of the proposed increase(s) during the public
hearing, if desired, or reject any portion thereof.
Discussion:
California Government Code section 36516 provides that a city council may establish their salary by
ordinance, with a maximum initial salary determined by the City's population, and limits future
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increases .. California Government Code section 36516.1 allows the Mayor to receive additional
compensation as compared to Councilmembers, reflecting the Mayor's additional duties. Following
the most recent salary adjustment to City Council salaries, which were approved in 2022 and took
effect January 1, 2023 (Ordinance 857), the current Council salaries and cost reimbursement
allowances are as follows:
•Mayor -
•Council member -
$2,306.91 monthly salary
$500 per month mileage reimbursement
$90 per month cell phone reimbursement
$1,647.79 monthly salary
$360 per month mileage reimbursement
$60 per month cell phone reimbursement
The City Council's salaries may be increased beyond the specified amount by an ordinance
amendment up to an amount equal to five percent (5%) for each calendar year from the last
compensation adjustment. Thus, the maximum increase permitted by law at this time is a total of
10%, non-compounded.
Pursuant to City Council Resolution No. 16-005, Mayor and Councilmember salary increases should
generally reflect changes to the Consumer Price Index (CPI), but not exceed limits set forth by
California Government Code of 5% each year. This Resolution also states that the Mayor should
generally make 40% more than the other Councilmembers, in recognition of the extra time
commitments required for the position of Mayor. Thus, the recommended (and maximum) amount
would be an increase of $164.78 per month for each Councilmember, and $230.69 per month for the
Mayor, which reflects the same 40% differential that exists today.
Staff recommends the City Council adopt the proposed ordinance (Attachment A) that would result in
the following new salary and cost reimbursement allowances, the latter of which remain unchanged:
•Mayor -
•Council member -
$2,537.91 monthly salary
$500 per month mileage reimbursement
$90 per month cell phone reimbursement
$1,812.57 monthly salary
$360 per month mileage reimbursement
$60 per month cell phone reimbursement
Pursuant Government Code section 36516.5, a change in compensation does not apply to an elected
official during his or her term in office. However, the compensation of all members of a City Council
serving staggered terms can be adjusted by virtue of the beginning of a new term of office for a single
member. Therefore, any approved salary increase will not take effect until after the November 2024
election, but will apply to all members of the City Council. If approved, these increases would take
effect on January 1, 2025.
Environmental Review:
None.
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Fiscal Impact:
Approval of this item will result in an adjustment to the proposed Fiscal Year 2024-25 operating
budget and will reflect increased annual salary and related benefit costs of approximately $6,917. As
noted earlier in the report, if approved, the proposed changes would not take effect until January
2025, therefore the fiscal impact for year 1 only reflects costs from January 2025 through June 2025.
The full fiscal impact would not be realized until FY 2025-26.
Public Notification:
None.
Attachments:
A.Ordinance Amending Section 2.04.020 of the Poway Municipal Code to Increase Council
Compensation
Reviewed/ Approved By:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chet.tJ.a
City Manager
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4 of 5May 7, 2024, Item #7ATTACHMENT AORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTION 2.04.020 OF THE POWAY MUNICIPAL CODE TO INCREASE MAYOR AND COUNCIL COMPENSATION WHEREAS, Section 2.04.020 of the Poway Municipal Code sets forth the salary for the Mayor and each member of the City Council; WHEREAS, California Government Code section 36516 allows Councilmember compensation to be increased by no more than five percent (5%) for each calendar year since the last increase became operative; WHEREAS, the City Council last increased its salary by ordinance in 2022; WHEREAS, thus, State law permits a maximum pay increase of ten percent (10%); and WHEREAS, the pay increase being adopted at this time equals 10%, with the Mayor retaining a 40% differential from the salaries of the remainder of the Council, pursuant to City policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitals are true and correct, and incorporated herein by this reference. SECTION 2: Section 2.04.020(A)(1) of the Poway Municipal Code is hereby added to read as follows, with deletions shown in strikethrough and additions shown in underline: 2.04.020 Compensation. A The Mayor and each member of the City Council shall receive compensation as follows: 1. Effective January 1, 202J§, the Mayor shall receive as salary the sum of $2,306.912,537.91 per month as authorized by Sections 36516 and 36516.1 of the Government Code, and all other members of the City Council shall receive the sum of $1,647.791,812.57 per month as authorized by Section 36516 of the Government Code, payable at the same time and in the same manner as salaries that are paid to other officers and employees of the City. SECTION 3: This Ordinance shall be codified. EFFECTIVE DA TE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general
5 of 5May 7, 2024, Item #7Ordinance No. Page 2 circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code section 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 7th day of May, 2024, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 21st day of May, 2024, by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk