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Milpitas council defers decision on raises allowed by state law; mayor's extra increment could take effect sooner
Summary
Council discussed a 2024 change to state law allowing city councils to increase member pay (up to $1,900/month) but voted to continue the item for more research. Staff said a mayoral increment could be effective sooner under an Attorney General opinion, while council pay increases for members would take effect after the next election.
Milpitas City Council on Jan. 21 discussed possible adjustments to mayor and council salaries following a change in California law that took effect Jan. 1, 2024, but the council voted to continue the matter to allow staff more time to research options and draft an ordinance.
Assistant City Manager Matt Cano told the council the relevant state law allows general-law cities in the population bracket that includes Milpitas to increase council compensation up to $1,900 per month (about $22,800 per year). "On January 1, 2024, the California government code changed, which allows increases for salaries for general law cities...based on our population," Cano said in the presentation.
Cano reviewed the local history: council salaries were reduced following economic pressures in 2010 and 2012 and restored in 2014. He said any increase adopted for council members would have to wait until after the next city election (effective when the new council is seated), while an elected mayor could receive an additional increment above the council base. Acting city attorney staff referenced an Attorney General opinion (No. 06-504) interpreting the statute to permit the mayor's additional compensation to take effect immediately if adopted by ordinance.
Council discussion was mixed. Some members said the raise would help attract willing candidates and bring pay in line with long-unused adjustments, while others objected to a differential that singles out the mayoral office. Vice Mayor Barbadillo asked staff how the survey and timing should inform any ordinance; Finance and legal staff said a draft ordinance would be needed to change the municipal code and that council direction would be required before staff prepared that ordinance.
Action taken: the council voted to continue the item so staff could complete further research and return with a draft ordinance if desired. The agenda report and discussion noted that municipal code changes would be required and that council approval of any new salary amount is discretionary — the state law sets a cap, not an automatic increase.
Why it matters: changing stipend levels would amend the municipal code and has both budgetary and political implications. Council members emphasized transparency and asked staff to provide the statutory language, the Attorney General opinion and options for staged implementation if they bring an ordinance back for consideration.
Public comment: resident Voltaire Montemayor urged support for municipal leaders and commended council service.
Next steps: staff will return with more detailed research and (if directed) a draft ordinance and analysis of fiscal impacts and implementation timing for council consideration.
