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O-2022-006 Council Compensation Amendment Ordinance 2022-08-02ORDINANCE NO. 0-2022-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 2.04, SECTION 2.04.020: SALARIES DESIGNATED, OF THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO COUNCIL MEMBER AND MAYOR COMPENSATION WHEREAS, the City last set the salary of its Council Members at $772.20 per month, plus an additional $300 for the Mayor per month, via Ordinance 0-2018-005, effective December 1, 2018; and WHEREAS, Government Code Section 36516(a)(4) provides that Council Member salary may be increased by Ordinance in an amount not to exceed 5% per calendar year from the effective date of the prior salary; and WHEREAS, Government Code Section 36516.1 provides that additional Mayoral compensation may be established by an ordinance of the City Council; and WHEREAS, an amendment to these salary amounts will better align Council Member and Mayoral compensation with the actual costs incurred in the course of holding office; and WHEREAS, this increase shall take effect for all Council Members and the Mayor on and after the date one or more Council Members begins a new term of office. NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows: SECTION 1. The foregoing recitals are adopted as findings of fact in support of this ordinance. SECTION 2. Section 2.04.020 of the Pismo Beach Municipal Code is revised to read as follows: 2.04.020 Salaries Designated. A. Each member of the City Council shall receive, as salary, the sum of nine hundred twenty-six dollars and sixty-four cents ($926.64) per month, as prescribed by Section 36516 et seq. of the Government Code for cities of up to and including thirty-five thousand in population, effective as of the date one or more members of the City Council are sworn in for a new term of office following certification of the results of the November 8, 2022 general election. PAGE 1 OF 4 0-2022-006 B. Pursuant to Government Code Section 36516.1, in addition to the above salary received as a member of the City Council, the Mayor shall receive three hundred dollars ($300) per month. C. In addition, each member of the Council shall be reimbursed for actual expenses incurred in the performance of the Council's duties in such amounts as may be approved by resolution. Both the salary and the expense reimbursements shall be payable at the same time and in the same manner as the same are paid to other officers and employees of the City. SECTION 3. Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance 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 that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption of the regulations contained herein, the activity is not subject to CEQA. SECTION 4. This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected. SECTION 5. This ordinance shall become effective on the thirtieth (30t") day following passage and adoption hereof. The provisions of this ordinance shall take effect for all Council Members and the Mayor on and after the date one or more Council Members begins a new term of office. SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted. Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo PAGE 2OF4 0-2022-006 0 Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach. INTRODUCED at a regular meeting of the City Council held this 19th day of July, 2022, on motion of Council Member Guthrie, seconded by Council Member Newton, and on the following roll call vote, to wit: AYES: 3 Guthrie, Newton, Waage NOES: 2 Blake, Waage ABSENT: 0 ABSTAIN: 0 RECUSED: 0 Approved: nU-�2 5!'-� Ed Waage, Mayo a Attest: rica Ind d, City Clerk ADOPTED at a regular meeting of the City Council held this 2nd day of August, 2022, on motion of Council Member Blake, seconded by Mayor Pro Tern Reiss, and on the following roll call vote, to wit: AYES: 3 NOES: 2 ABSENT: 0 ABSTAIN: 0 RECUSED: 0 Approved:. \ C�J Ed Waage, Mayor Guthrie, Reiss, Newton Blake, Waage APPROVED AS TO FORM: David . Fleis man, City Attorney Attest: , E�irca Inde; ie , City Clerk PAGE 3OF4 0-2022-006 CERTIFICATION OF ORDINANCE POSTING Government Code `40806 STATE OF CALIFORNIA } ) ss. COUNTY OF SAN LUIS OBISPO } I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. 0-2022-006, titled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 2.04, SECTION 2.04.020: SALARIES DESIGNATED, OF THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO COUNCIL MEMBER AND MAYOR COMPENSATION, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933. Dated this 11th day of August, 2022. Witness my hand and official seal. {S P0R,y a I d, y erk ZG To9y PAGE 4OF4 0-2022-006 0 rm�