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337 ORDINANCE NO. 337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ADJUSTING THE MONTHLY SALARY OF THE CITY COUNCIL AND ESTABLISHING VEHICLE AND TECHNOLOGY ALLOWANCES WHEREAS, Grand Terrace Municipal Code Section 2.04.020 codifies the monthly salary for the City Council pursuant to Government Code Section 36516(a); and WHEREAS, the City Council currently receives a salary of $300 per month, which has not been adjusted since 2010; and WHEREAS, Government Code Sections 36516(a)(4), in relevant part, allows an increase in City Council compensation that is calculated pursuant to a statutory formula stating that "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 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 ..."; and WHEREAS, based upon the aforementioned statutory formula, the current maximum total amount that the City Council may increase its compensation is $480; and WHEREAS, pursuant to Government Code Section 36516.5, any change in compensation "... does not apply to a council member during the council member's term of office. This prohibition shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office. ..."; and WHEREAS, the City Council now desires to adjust the compensation of the City Council members in accordance with Government Code Sections 36516 and 36516.5; and WHEREAS, pursuant to Government Code Section 1223, the City Council also desires to formally establish a vehicle allowance, which reflects the estimated travel costs that City Council members would incur in the performance of their official duties; and WHEREAS, the City Council also desires to establish a technology allowance that reflects the estimated technology costs that City Council members would incur in the performance of their official duties, such as use of a cell phone service, internet service, and other similar costs; and Ord No. 337 Page 1 of 3 May 10, 2022 WHEREAS, the Attorney General's Office has opined that these types of allowances must be based upon estimated costs and is codified; and WHEREAS, an analysis of the technology allowance amount is on file with the City's Finance Department; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds that all,of the facts set forth in the above Recitals, are true and correct and are incorporated herein as findings of the City Council. SECTION 2. Modifications to Section 2.04.020. Section 2.04.020 of Chapter 2.04 of Title 2 of the Grand Terrace Municipal Code is hereby retitled and amended in its entirety as follows: "2.04.020 — Salary and Vehicle Allowance. A. Each member of the City Council shall receive a salary of $480.00 per month. Such salary shall be payable at the same time and in the same manner as the salaries are paid to other City officers and employees. B. Effective July 1, 2022, in lieu of the City's provision of an automobile to individual Councilmembers for their use in the course of official duties, each member of the City Council shall receive a vehicle allowance in the amount of $450.00 per month as reimbursement for expenses such as gasoline, mileage, wear and tear, insurance, and depreciation, incurred by Councilmembers in the use of their personal automobiles in the course of official duties. Such vehicle allowance shall be payable at the same time and in the same manner as the city council salary. C. Effective July 1, 2022, each member of the City Council shall receive a technology_ allowance in the amount of $205.00 per month as reimbursement for technology-related expenses such as cellphone service, internet service, and other similar costs incurred by Councilmembers in the use of their personal technology-related equipment and service in the course of official duties. Such technology allowance shall be payable at the same time and in the same manner as the city council salary. D. The City Manager shall place a discussion item on a City Council agenda during the City's annual budget preparation cycle for the City Ord No. 337 Page 2 of 3 May 10, 2022 Council to review and consider adjustments to City Council salary and allowances." SECTION 3. Government Code Section 36516.5. The salary adjustment provided in Section 2 of this Ordinance shall not become effective until after one or more council members begins a new term of office following the adoption of this Ordinance. Prior to the effective date of such salary adjustment, each council member shall continue to receive the monthly salary as specified in Section 1 of Ordinance No. 252 in the amount of$300 per month. SECTION 4. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City-of Grand Terrace declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid. SECTION 6. Effective Date of Ordinance. This Ordinance shall become effective thirty (30) days from and after its adoption. SECTION 7. Certification. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 10t" day of May 2022. Dar c c e Mayor �-ATTtST•. Debra Thomas r City CI'erk APPROVED AS TO FORM: Z, 21-. Adrian R. Guerra City Attorney Ord No. 337 Page 3 of 3 May 10, 2022 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 337 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 10th day of May 2022, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Wilson, Robles; Mayor Pro Tern Hussey; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 11 th day of May 2022, at Grand Terrace, California. "D 10 A A�A�L&�2� ebra L. Thomas City Clerk ; [SEAL] f r J