For City Council Meeting January 14, 2025
TO: Honorable Mayor and City Council
FROM: G. Michael Milhiser, Interim City Manager
AUTHOR: Barbara A. McGee, City Clerk
Title
Request City Council to Concur with the Appointment of a Mayor Pro Tem.
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council concur with the appointment of a Mayor Pro Tem.
BACKGROUND
California Government Code Section 36801 provides that, “after each election, the city council shall meet….and choose one of its number as mayor, and one of its number as mayor pro tempore.” The City of Rialto has an elective mayoral position. Therefore, section 36801 does not apply as to the appointment of a mayor. However, the State general laws governing cities with elective mayor positions are set forth in Government Code sections 34900, et. seq. Section 34905 requires that “a mayor pro tempore shall be chosen in the manner provided by section 36801.”
ANALYSIS/DISCUSSION
As noted above, section 36801 requires that the city council choose one of its members as mayor pro tem. If the mayor is absent or unable to act, the mayor pro tem “shall serve until the mayor returns or is able to act.” (Gov. Code §36802.) In such capacity, the mayor pro tem has all of the powers and duties of the mayor. (Id.)
Once an appointment is made, the City Clerk will send out reorganization notification letters to state, county and cities.
ENVIRONMENTAL IMPACT
The request is not a Project as defined by Section 15378 of the California Environmental Quality Act (CEQA). A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Pursuant to Section 15378 (b)(5), a project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3A in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.
FINANCIAL IMPACT
Operating Budget Impact
Appointment of a Mayor Pro Tem will have no financial impact.