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HomeMy WebLinkAboutOrd 2029 1 ORDINANCE NO. 2029 AN ORDINANCE AMENDING BURLINGAME MUNICIPAL CODE SECTION 2.04.030, “SALARY AND REIMBURSEMENT,” OF CHAPTER 2.04 OF TITLE 2 OF THE BURLINGAME MUNICIPAL CODE; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3) WHEREAS, Section 2.04.030, “Salary and Reimbursement,” of the Burlingame Municipal Code sets Councilmember salaries at $590 per month, a rate that has not changed since 1999; and WHEREAS, Senate Bill (SB) 329, effective January 1, 2024, allows cities a one- time opportunity to “reset” City Council salaries to take into account inflation, the work done by local government officials, and the need to ensure that people are not discouraged from seeking city office due to the low pay and high demands of that office ; and WHEREAS, pursuant to SB 329, the City Council may, by ordinance, increase City Councilmember salaries to an amount up to $950 per month, which is the rate se t for cities with populations up to and including 35,000; salary increases may take effect only when at least one member of the Council commences a new term ; and WHEREAS, SB 329 also allows future salary increases for Councilmembers beyond the amount provided in Government Code §36516(a) by an ordinance or by an amendment to an ordinance, as long as the amount of the increase does not exceed the greater of either of the following: 1. an amount equal to 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted; or 2. an amount equal to inflation since January 1, based upon the California Consumer Price Index (CPI), which shall not exceed 10% for each calendar year; and WHEREAS, at its July 1, 2024 meeting, the City Council directed staff to prepare an ordinance amending Burlingame Municipal Code Section 2.04.030 to raise Councilmember salaries as provided by SB 329 , with future increases to match the increases provided to the AFSCME bargaining units, not to exceed 5% each calendar year, pursuant to SB 329. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals The recitals set forth above are true and correct, and are hereby incorporated Docusign Envelope ID: B789E278-4F98-45FB-82FE-DE9226F9F935 2 herein by this reference as if fully set forth in their entirety. Section 2. Amending Section 2.04.030(a) of Chapter 2.04 of Title 2 of the Burlingame Municipal Code Section 2.04.030(a) of Chapter 2.04 of Title 2 of the Burlingame Municipal Code is amended in its entirety to read as follows. 2.04.030 Salaries and Reimbursement a) Salaries. Each member of the council shall receive as salary a sum of $950 per month. It shall be payable at the same time and in the same manner as the salaries paid to other officers and employees of the city. The salary shall increase each year by an amount not to exceed the lesser of: 1) the increase in salary amount provided to the AFSCME bargaining units for that year; or 2) the amount provided by Government Code Section 36516(a), as amended from time to time. Section 3. CEQA Determination The City Council finds and determines this Ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Section 4. Severability If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 5. Effective Date This Ordinance shall go into effect January 1, 2025. Section 6. Publication The City Clerk is directed to publish this ordinance in a manner required by law. Section 7. Codification Docusign Envelope ID: B789E278-4F98-45FB-82FE-DE9226F9F935 3 Section 2 of this Ordinance shall be codified in the Burlingame Municipal Code. Sections 1, 3, 4, 5, 6, and 7 shall not be so codified __________________________ Donna Colson, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on 19th day of August 2024, and adopted thereafter at a regular meeting of the City Council held on the 3rd day of September, 2024, by the following votes: AYES: COUNCILMEMBERS: BROWNRIGG, COLSON, LEE, PAPPAJOHN, STEVENSON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: ___________________________________ Meaghan Hassel - Shearer, City Clerk Docusign Envelope ID: B789E278-4F98-45FB-82FE-DE9226F9F935