ATTACHMENT A
ORDINANCE NO. 2451
ORDINANCE NO. 2451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING SECTIONS 2.16.020 AND
2.16.030 OF CHAPTER 2.16 OF THE VICTORVILLE MUNICIPAL CODE (“CITY COUNCIL COMPENSATION”) FOR THE PURPOSE OF
SETTING THE NEW MAXIMUM MONTHLY SALARY FOR
VICTORVILLE CITY COUNCIL MEMBERS BASED UPON CURRENT
POPULATION AND PROVIDING FOR FUTURE ADJUSTMENTS IN
SAID SALARIES PURSUANT TO SENATE BILL 329
WHEREAS, California Government Code Section 36516 (“ Section 36516”) previously authorized a city council to enact an ordinance to provide each member of a city council a salary based upon the population of the city (which amounts were set forth in said Section in 1984) and to further increase said salary by ordinance or by an amendment to an ordinance ; provided, however, that the amount of the increase did not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary; and WHEREAS, Section 36516 further provided that a city’s population for purposes of such salary increases would be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance; and WHEREAS, in accordance with the previous version of Section 36516 and based upon the City of Victorville’s population in 1993 (which was between 50,000 and 75,000) , the City Council of the City of Victorville (the “City Council”) adopted an ordinance which provided for a monthly salary of five hundred dollars ($500) to be paid to members of the City Council and subsequently amended said ordinance to permit the five percent (5%) calendar year increases and further adopted amendments to said ordinance to implement such salary increases; and WHEREAS, California Government Code Section 36516.5 (“Section 36516.5”) prohibits an adjustment in salary during a city council member’s term of office, but permits such adjustment in the salary of all city council members serving staggered terms to take effect when at least one city council member commences a new term; and
WHEREAS, the City Council members serve staggered terms, and the operative date of the last adjustment in City Council salary occurred in December 2022, after certain City Council members commenced a new term, and the adjustment was an increase to an amount equaling One Thousand Two Hundred Dollars ($1,200.00) per month; and WHEREAS, to account for inflation, Section 36516 was amended by Senate Bill (SB) 329 effective January 1, 2024; and
WHEREAS, Section 36516 now provides for: (1) new maximum monthly salary amounts for members of city councils based on city population; and (2) subsequent increases to such population-based salaries, provided such population- based salary amounts and subsequent increases are adopted by an ordinance or an amendment to an ordinance which includes findings demonstrating the need for a salary increase; and
WHEREAS, Subsection (a)(2) (D) of Section 36516 now specifies that i n cities having over 75,000 up to and including 150,000 in population, said monthly maximum city council salary may be set by ordinance in an amount up to and including one thousand nine hundred dollars ($1,900) per month; and
WHEREAS, pursuant to the last preceding federal (2020) census, the population of the City of Victorville (the “City”) was 134,810; and
WHEREAS, the City Council members serve staggered terms and at least three members shall commence a new term in December 2024, following the certification of the November 5, 2024 election results and the swearing in of such new members at a meeting held to be held in December 2024 specifically for that purpose; and
WHEREAS, the City Council finds that the cost of living has increased significantly since the last salary increase, including, but not limited to, such things as the cost of housing, the cost of gasoline and energy, the cost of food and services along with everyday household items, all of which have contributed to inflation rates that have hit 40 year highs and which has led to economic challenges for the City’s residents, including Council m embers and which, in the case of council members, many of whom do not have full time jobs, can be mitigated to a small extent by and increase in City Council monthly compensation; and
WHEREAS, based upon such findings, the City Council finds it necessary and proper to adopt this Ordinance to increase by means of an amendment to Victorville Municipal Code (“VMC”) Section 2.16.020, the amount of salary received by members of the City Council, in accordance with revised Section 36516, which amount shall be One Thousand Nine Hundred Dollars ($1,900.00) per month, such increase to be effective only on or after the date such new City Council members assume office in December following certific ation of the November 2024 general municipal election results; and
WHEREAS, as amended by SB 329, Section 36516 now provides an additional method by which future adjustments to the population-based salary of city council members may be made; and
WHEREAS, the current version of VMC Section 2.16.030 only provides that any increase in salary cannot exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary; and WHEREAS, the City Council further deems it desirable to adopt this Ordinance to amend VMC Section 2.16.030 to include the additional method for making future adjustments to the City Council salary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Ordinance by this by this reference.
Section 2. Amendment of Sections 2.16.020 and 2.16.030 of Chapter 2.16 (“City Council Compensation”) of the Victorville Municipal Code
SECTIONS 2.16.020 and 2.16.030 OF CHAPTER 2.16 OF THE
VICTORVILLE MUNICIPAL CODE ARE HEREBY AMENDED IN
THEIR ENTIRETY TO READ AS FOLLOWS:
2.16.020 Salaries – Amount.
Each member of the City Council shall receive as salary the sum of One Thousand Nine Hundred dollars ($1,900.00) per month, which shall be payable at the same time and in the same manner as salaries are paid to other officers and employees of the City. Said salary shall become payable only on and after the date upon which one or more members of the City Council become eligible therefor by virtue of beginning a new term of office following the next succeeding general municipal election held in the City following the effective date of the ordinance adopting this Section.
2.16.030 Salaries - Increase.
The salary payable to each member of the City Council as set forth in Section 2.16.020 may from time to time be increased by ordinance or by an amendment to an ordinance of the City Council; provide d, however, that any increase cannot exceed the greater of either : (i) an amount equal to five percent (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 (ii) an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index which amount shall not exceed ten percent (10%) per each calendar year ; provided, further, that the salary as so increased shall only become payable effective as of the date specified in the second sentence of Section 2.16.020.
Ordinances amending salaries shall include findings demonstrating the need for the increase and shall be adopted as set forth in Government Code Section 36516(g).
Section 3. Repeal of Conflicting Provisions
All the provisions of the Victorville Municipal Code as heretofore adopted by the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentence, clause, phrase, or portion of this ordinance. The City Council hereby declared that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. E ffective Date
T his Ordinance shall take effect thirty days (30) days after its final passage by the City Council; however, the effective date of the increased salary amount will be determined in accordance with Section 2.16.020 of the Victorville Municipal Code, but shall in no event occur prior to the first Council Member pay period which commences on or after the date the new Council Members are sworn into office in December of 2024.
Section 6. Cert ification
T
he City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published in the manner required by law.