ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA AMENDING SECTION 2.12.030, SECTION 2.12.040, SECTION 2.12.050 AND 2.12.060 OF CHAPTER 2.12 OF THE RIALTO MUNICIPAL CODE TO ADJUST THE SALARIES OF THE MAYOR, CITY COUNCILMEMBERS, CITY CLERK AND CITY TREASURER IN ACCORDANCE WITH CALIFORNIA LAW.
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 a 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, Senate Bill 329 was adopted to increase the maximum amount of salary for city councilmembers to reflect the important work done by city councilmembers, to take into account the impacts of inflation and economic realities on those who serve as city councilmembers, and to encourage more persons to consider service as council members by making the compensation more reflective of the time and work being performed; WHEREAS, Senate Bill 329 modifies the requirements for passing an ordinance to increase councilmember compensation by requiring any such ordinance to include findings demonstrating the need for the increased compensation, and requires at least seven (7) days between the introduction and adoption of the ordinance; 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, Government Code section 36517 provides that the salary for an elected City Clerk and elected City Treasurer’s salary is equal to seventy-five percent (75%) of the salary received by members of the Council, other than the Mayor; WHEREAS, the City Council last adjusted its salary to the sum of One Thousand Nine Hundred Twenty Dollars and eighty cents ($1,920.96) per month by Ordinance No. 1661, adopted on September 28, 2021 and codified in Section 2.12.040 of the Rialto Municipal Code, and accordingly, the Mayor’s adjusted salary was Four Thousand Eight Hundred Two Dollars and forty cents ($4,802.40) per month, and the City Clerk and Treasure’s adjusted salary was One Thousand Four Hundred Forty Dollars and seventy two cents ($1,440.72) per month; WHEREAS, by this ordinance, the City Council desires to increase City Councilmember, Mayor, City Clerk and City Treasurer salaries to reflect the statutorily authorized adjustments that have not been taken since the last adjustment in 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 2.12.030 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, 2024, the mayor’s salary is five thousand two hundred eighty-two dollars and sixty-five cents ($5,282.65) per month.” SECTION 3. AMENDMENT OF SECTION 2.12.040 OF CHAPTER 2.12 OF THE CITY OF RIALTO MUNICIPAL CODE.
Section 2.12.040 of Chapter 2.12 of the Rialto Municipal Code shall be amended to read as follows:
“2.12.040 – Councilmembers.
Under the California Government Code Section 36516, each member of the city council, other than the mayor, shall receive a salary in the amount of two thousand one hundred thirteen dollars and six cents ($2,113.06) per month commencing on December 15, 2024.” SECTION 4. AMENDMENT OF SECTION 2.12.050 OF CHAPTER 2.12 OF THE CITY OF RIALTO MUNICIPAL CODE.
Section 2.12.050 of Chapter 2.12 of the Rialto Municipal Code shall be amended to read as follows:
“2.12.050 – City clerk.
The salary of the city clerk shall be an amount equal to seventy-five percent (75%) of the salary paid to councilmembers. As of December 15, 2024, the city clerk’s salary is one thousand five hundred eighty-four dollars and eighty cents ($1,584.80) per month.” SECTION 5. AMENDMENT OF SECTION 2.12.060 OF CHAPTER 2.12 OF THE CITY OF RIALTO MUNICIPAL CODE.
Section 2.12.060 of Chapter 2.12 of the Rialto Municipal Code shall be amended to read as follows:
“2.12.060 – City treasurer.
The salary of the city treasurer shall be an amount equal to seventy-five percent (75%) of the salary paid to councilmembers. As of December 15, 2024, the city treasurer’s salary is one thousand five hundred eighty-four dollars and eighty cents ($1,584.80) per month.” SECTION 6. 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 7. 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, 2024.
SECTION 8. 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 __ day of January 2024. ________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
________________________________
BARBARA MCGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC VAIL, City Attorney
Burke, Williams & Sorensen, LLP
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