HomeMy WebLinkAboutAGENDA REPORT 2005 1221 CC REG ITEM 09DTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
CITY OR MOORPARK, CALIFORNIA
City Council Meeting
of _/ Z_' L-9057
Y:
Deborah S. Traffenstedt, Administrative
Director /City Clerk /3)5'F
December 15, 2005 (CC Meeting of 12/21/05)
Services
SUBJECT: Consider an Ordinance Amending Section 2.04.055,
Compensation, of Chapter 2.04, City Council, of Title 2
of the Municipal Code
BACKGROUND AND DISCUSSION
At the December 7, 2005, City Council meeting, the Council
discussed an agenda item pertaining to consideration of an
adjustment to City Council monthly salary compensation and
retirement benefit. The Council's decision was to direct staff to
prepare an ordinance to approve an increase in compensation to
$600 per month and to revise the retirement compensation from a
deferred compensation 457 plan to the California Public Employees
Retirement System (CalPERS). The City Attorney stated at the
December 7 meeting that the health insurance cash -back benefit
might be considered salary compensation. During his review of the
draft ordinance, he confirmed there is a State Attorney General
Opinion that receiving cash in lieu of health insurance is
considered salary compensation); therefore, the recommendation is
to delete the cash -back benefit at the same time as the higher
$600 salary compensation amount becomes effective on January 1,
2007 (following the new Councilmember term of office beginning in
December 2006). Further research by the City Attorney has also
confirmed that there is a State Attorney General Opinion that a
retirement payment is considered compensation, but not salary. As
a result, the effective date of new CalPERS retirement benefit
will need to be January 1, 2007, following the beginning of the
new Councilmember term of office. The payment of the new CalPERS
retirement benefit will not affect the salary limit.
A draft ordinance has been reviewed by the City Attorney, and is
attached.
Honorable City Council
December 21, 2005, Regular Meeting
Page 2
STAFF RECOMMENDATION
Waive full reading and introduce Ordinance No. for first
reading.
Attachment: Draft Ordinance
0 000 °3
ATTACHMENT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 2.04.055,
COMPENSATION, OF CHAPTER 2.04 CITY COUNCIL,
TITLE 2, OF THE MOORPARK MUNICIPAL CODE
WHEREAS, at its meeting of December 7, 2005, the City
Council determined that an amendment to Section 2.04.055 of
Chapter 2.04, Title 2, of the Moorpark Municipal Code is
appropriate to revise City Council salary compensation and
retirement benefits and directed that an ordinance be prepared.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Government Code Section 36516 establishes
the salary ranges for City Councilmembers, and Government Code
Sections 36516 and 53201 et seq. authorize the provision of
retirement, health and welfare benefits to City Councilmembers.
The City Council last set salaries in August 1990 through
adoption of Ordinance No. 129, which established compensation at
three hundred dollars ($300.00) per month. Ordinance No. 307,
adopted in October 2004, authorized the provision of health and
life insurance benefits to City Councilmembers.
SECTION 2. Chapter 2.04, Title 2, Section 2.04.055, of
the Moorpark Municipal Code is hereby revised in its entirety as
follows:
112.04.055 Compensation and Benefits.
The compensation of each city councilmember shall be
three hundred dollars ($300.00) per month through
December 31, 2006. Effective January 1, 2007, the
compensation of each city councilmember shall be six
hundred dollars ($600.00) per month.
Effective January 1, 2005, all sitting councilmembers
shall be entitled to the same health insurance and
life insurance benefits afforded the city's
competitive service employees as such benefits exist
on January 1, 2005, and as such may be amended from
time to time for the city's competitive service
employees. Effective January 1, 2007, councilmembers
will not be eligible for a cash -back payment in lieu
of health insurance.
000094
Ordinance No.
Page 2
Effective January 1, 2007, all sitting councilmembers
shall be entitled to the same California Public
Employees Retirement System (CalPERS) benefits
afforded the city's competitive service employees as
such benefits exist on January 1, 2007, and as such
may be amended from time to time for the city's
competitive service employees."
SECTION 3. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star, a weekly newspaper of general circulation, as defined in
Section 6008 of the Government Code, for the City of Moorpark,
and which is hereby designated for that purpose.
PASSED AND ADOPTED this day of
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
2006.
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