For City Council Meeting [January 23, 2024]
TO: Mayor, Mayor Pro Tem and City Council
APPROVAL: Arron Brown, Acting City Manager
FROM: Eric S. Vail, City Attorney
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Request that the City Council Introduce for Second Reading Ordinance No. 1690, amending Sections 2.12.030, 2.12.040, 2.12.050 and 2.12.060 of Chapter 2.12 the Rialto Municipal Code to Adjust the Salary of the Mayor, City Councilmembers, City Clerk and City Treasurer of the City of Rialto as authorized by California Law.
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BACKGROUND
The City of Rialto is a general law city that may, pursuant to Government Code section 35616, adopt an ordinance providing a salary for the members of the City Council. Government Code section 36516.5 provides that any change in the salary of a member of the City Council only become effective whenever one or more Councilmembers begin a new term of office. This typically happens by December 15th of each even numbered year.
The authorized salary amount was initially determined many years ago by a statutory formula based on city population in accordance with state statutes. Thereafter adjustments were authorized pursuant to Government Code section 36516(a)(4) in increments of five percent (5%) for each calendar year from when the last salary adjustment was adopted by ordinance. The California Attorney General's Office has opined that this calculation is on a simple, non-compounded, basis (California Attorney General Opinion No. 06-504).
When a City provides any type of compensation or payment of expenses to Councilmembers, then all councilmembers are required to have two hours of ethics training pursuant to California Government Code ?? 53234 - 53235. The City is compliant with this requirement.
On June 29, 2023 Governor Newsom signed into law Senate Bill 329 ("SB 329") which increases the maximum amount of salary that council members may receive. According to the author Senator Dodd's statement in the April 24, 2023 Assembly Floor Analysis, "...
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