ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO CITY, CALIFORNIA AMENDING SECTION 2.12.030 OF THE RIALTO MUNICIPAL CODE TO CORRECT A TYPOGRAPHICAL ERROR IN ORDINANCE NO. 1661 IN SETTING THE SALARY FORMULA FOR THE POSITION OF MAYOR WHEREAS, California Government Code Section 36515 controls the salary of council members in general law cities and provides for up to a five percent (5%) annual increase in city council member salaries from the operative date of the last city council salary adjustment; and WHEREAS, Government Code Section 36516.1 provides that a directly elected mayor may receive salary in addition to that which he or she receives as a councilmember; and WHEREAS, Government Code Section 36516.5 further provides that any change in City Council salary be adopted by ordinance pursuant to Section 36516 shall become effective whenever one or more members of the City Council begins a new term of office; and WHEREAS, the City Council adopted Ordinance No. 1307, codified in Section 2.12.030 of the Rialto Municipal Code, allowing the directly-elected Mayor to receive a salary equal to two hundred fifty percent (250%) of the salary paid to councilmembers; and WHEREAS, the City Council adopted a new salary schedule for Elected Officials by Ordinance 1661 on September 28, 2022 which included a typographical error that incorrectly set that Mayor’s salary at 150% of Councilmember’s salaries instead of the correct salary amount of 250% of Councilmember’s salaries; and WHEREAS, by this ordinance, the City Council desires to correct the typographical error in Section 2.12.030 of Chapter 2.12 of the Municipal Code and fix the computation of the Mayor’s salary to will take effect on December 15, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION BY REFERENCE.
The above recitals are true and correct and material to this ordinance. In making its findings, the City Council relied upon and hereby incorporates by reference, all staff reports, presentations, and other documentation presented to the Council in the meeting.
SECTION 2. AMENDMENT OF SECTION 2.12.030 OF CHAPTER 2.12 OF THE CITY OF RIALTO MUNICIPAL CODE.
Section 2.12.030 of Chapter 2.12 of the Rialto Municipal Code shall be amended to read as follows:
“2.12.030 – Mayor.
The salary of the mayor, as authorized by California Government Code Section 36516.1, shall be two hundred fifty percent (250%) of the salary paid to councilmembers pursuant to Section 2.12.040 below. As of December 15, 2022, the mayor’s salary is four thousand eight hundred two dollars and forty cents ($4,802.40) per month.” SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE.
This ordinance shall be in full force and effective thirty (30) days after its adoption, and shall be published and posted as required by law. However the salary adjustments provided in this ordinance shall not take effect until December 15, 2022.
SECTION 7. CERTIFICATION.
The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the local newspaper.
PASSED, APPROVED AND ADOPTED this 26th day of April, 2022 ________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
________________________________
BARBARA MCGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC VAIL, City Attorney
Burke, Williams & Sorensen, LLP
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