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Home My WebLink AboutAGENDA REPORT 1990 0516 CC REG ITEM 11TNO '? MOORPARK ITEMfr PAUL W. LAWRASON, Jr. MOORP gRK,�CALIFORNIA Mayor TKV: M»� SCOTT MONTGOMERY ofCfqq� Mayor Pro Tom B ELOISE BROWN A (� o CouncilmerMer CLINT HARPER, Ph.D. Couricilmerrber BERNARDO M. PEREZ Ccuncilmember LILLIAN KELLERMAN M E M G R A N D U M' City Clerk TO: The Honorable City Council I/ FROM: Lillian Kellerman, City Clerk.'.( DATE: May 9, 1990 SUBJECT: CITY COUNCIL HONORARIUM Background: STEVEN KUENY City Manager CHERYLI KANE Cry Aaomey PnRIQK RICHARDS, A.I.C.P. Director of Community D"elopmaM R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer At the last City Council meeting of May 2, 1990, Councilmember Brown requested that consideration of the City Council Honorarium be placed on the agenda of May 9th. The compensation of the City Council is set by Ordinance No. 10 (enacted in October 1983) in compliance with Government Code Section 36516. Ordinance No. 10 reads: The compensation of each City Councilperson shall be Fifty Dollars ($50.00) per meeting attended, provided that in no case, shall it exceed One Hundred Dollars ($300.00) per month. Members of the City Council attend not only regular and adjourned City Council meetings but Council Committee Meetings, Special Meetings, and various other governmental agency meetings. The number of meetings attended by Councilmembers is generally more than two per month. Attached, for your review, is a draft ordinance rescinding Ordinance No. 10 and setting Council compensation at $100.00 per month. The new Ordinance would comply with the Government Code as previously cited. Staff Recommendation: Direct staff as deemed appropriate. /lk Attachments 799 Moorpark Avenue Moorpark, California 93021 (805) 52"864 :RNMENT OFFICERS --GENERAL § 36516 Title 4 Dlv. 3 filing of statements or repons 61 Ops.Atty, of a city council incurs for the handicap relat- any other Gen. 342. 7-26-78 ed assistance of others needed by the member to travel in the performance of official duties if 3. Handicapped cum ell members a demand for reimbursement of such costs is A California city has authority to upend its approved by the city council unless the charter funds to reimburse as travel expenses those or an ordinance of the city provides otherwise. costs which a physically handicapped member 65 Ops.Atty.Oen. 517. 8-24 82 19". Ist Fa. 36514 added Atutra from derived (see ompensation 49, c 79. p. . c. 1362, p. 177. § 1, was 297.§ 1. the - itatsl883,a 4 p. 148, § 1; Utc1933, c.:' .30, p. Im, expenses �.. v to ws, § 36515. Councibnen; compensation; filling vacancies The compensation of a city councilman appointed or elected to fill a vacancy is the same as that payable to the member whose office was vacated. (Added by Stais.1949, c. 79, p. 145, § 1.) Ristorled Note Den,atlom Stats1883, a 49. § 955; Sorts. 1909, c. 100, § 1; Stats.1931, c. 13Z § 6; Scats. , 1933, c 516, § 8; Stats.1941. c. 130, § 1. § 36516. Council members, ordinance providing salary; salary schedule; compensation for council members, municipal election, in- crease or decrease (a) A city council may enact an ordinance providing that each member of the city council shall receive a salary, the amount of which shall be deter- mined by the following schedule: (1) In cities up to and including 35,000 in population, up to and including .300 three hundred dollars ($300) per month. (2) In cities over 35,000 up to and including 50,000 in population, up to and including four hundred dollars ($400) per month. (3), In cities over 50,000 up to and including 75,000 in population, up to and including five hundred dollars (i500) per month. (4) In cities over 75,000 up to and including 150,000 in population, up to and including six hundred dollars (3600) per month. (5) In cities over 150.000 up to and including 250,000 in population, up to and including eight hundred dollars'($800). per month. (6) In cities over 250,000 population, up to and including one thousand dollars ($I,000) per month. _ For the purposes of this section the population shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance. (b) At any municipal election, the question of whether city council mem- bers shall receive compensation for services, and the amount of compensa- tion, may be submitted to the electors. R a majority of the electors voting at the election favor it, all of the council members shall receive the compe tsa- tion specified in the election call. Compensation of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. 627 § 36516 CITY GOVERNMENT Title 4 (c) Compensation of council members may be increased beyond the amount provided in this section by an ordinance or by an amendment to an ordinance but the amount of the increase may not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjust- ment of the salary in effect when the ordinance or amendment is enacted. No salary ordinance shall be enacted or amended which provides for auto- matic future increases in salary. (d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefitsshallnot be included for purposes of determin- ing salary under this section provided the same benefits are available and paid by the city for its employees. (Added by SMM1949, c. 79 P. 145, § 1. Amended by Stats.1963276i§ 4, P. 4077,§); Stats.1965, to 286, p. 1287, § 3; Stats.l966, ist Ex Sess, c. 12, p.April 1966; Stats.1968, a 642, § 1; Siats.1972, C. 591. P. 1053, § l; Stms.1974, c. 1378, p. 3000, § 2; Stats.1984, c. 100, § 2.) - HWodal Note SMM1984, a 100, § 4. read: before January 1, 1995, as those sectiones exist - "In enacting this as it is the intent of the ed before that date. Any past or future pay. ment of compensation pursuant to those sea Legislature in the repeal of Sections 36514 and 365162, aid to the amendmem of Section lions a hereby confirmed. validated, and de dared legally effective' 36516, of the Government Code relating to the salaries of city couned membcm not to invali- Part of the subject matter of this section was date the payment of compensation to city formerly contained in §§ 36514, 365162. council members approved by the electorate naa.uom See Derivation under § 36515. Forms See West's California Code Forms, Government - 1Jbrary References Municipal Corporations v162(1) et seq. CJS. Municipal Corporations § 523 m see. . WFSTIAW Mectrodc Research See WESHAW Electronic Research Guide following the Preface. Notes of Decisions Adjustment of salary / 1. Adjustmat of salary the dfective dare of un adf'usweat in the salaries of city council mwbers is delayed Purmant m § 3651f.5 until one tmmdl wit ber comraas new term of of0a when such adjustment is is se ordinance adopted m an increase va with this action and n based54on At increase to the drys population. 54 Ops Atty.Gem 112, 6-30-71. Section 36514 (repealed: see. now, this sec- tion) and this section relating to compensation. of city councilmen, predude a city council, which has declared itself to be the governing -- hoard of a redevelopmem agenry, asautho- rued by Health and S.C. % 33007 and 332.00..... from increasing the compensation of its a -- bers for their service as members of the goo- cram, board of the redevelopment agency., 44 - OpsAtty.Gen. 170. 12-22-64. § 36516.1. Elective mayor, additional compensation - - A mayor elected pursuant to Sections 34900 to 34904. inclusive, of the Government Code may be provided with compensation in addition to that 628 - OFF Div. whit prof the• (Ad1 Mt C_ n 591, crer nov A of ad te) sa (A OFFICERS --GENERAL § 36516.6 Repealed Div. 3 which he receives as a councilman. Such additional compensation may be provided by an ordinance adopted by the city council or by a majority vote of the electors voting on the proposition at a municipal election. (Added by Stats.1966, 1st Fa.Sess, c. 45, p. 359, § 1.) Library Referenecee Municipal Corporations 4=Ins(3) C3S. Municipal Corpora' 4 534 § 36516.2. Repealed by Stats.19841 c. 100. § 3 Historical Note added by Stats1972, c. I.egist dw intent relating to repeat of T, repealed section, a see note under § 36516. Orn p.1654, 4 2, related to increases and do § 3fi5162, creases in compensation for councilmm. See. now. § 36516. § 36516.5. Prohibition against change in comptmsatiou during term Of Office; staggered terms A change in compensation does not apply to a councilman during his term of office; however, the prohibition herein expressed shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such a coin becomes eligible for a salary increase by virtue of his beginning vv term Of Office - (Added by StaM1966, 1st Ex.Sess. a 12, p. 276, § 5, eff. April 11, 1966.) Library References Municipal Corporations o162(I). C38. Municipal Corporrtions § 523 ct seq. - WESTI.AW Electronic Research See iESTIAW Elecuonic Research Guide following the Preface Notes of Decide= Effective date of cheage I The effective date of an adinannent in the sxboica of city council members is delayed pursuant to this section until one council mem- 1. Effective date of change ber tomm<aces a tea unto of office when A charter city 1ea the authority to adopt an such adjustment is by an odinaace adopted in ordinance to increase compensation for city a«ordance with § 36516, and is baud on ao council mcmbors wbich would become eff— increase m the city+s poPolation. 54 OPSAny- live at a time different from that provided by Gen. 112, 6-30-71. this section. 57 opsAtty.Gem 11. § 36516.6. Repealed by Stats.1985, c. 98, § 1, eff. Jan. 1, 1987 Hldorlml Note The repealed section, providia, for the grant bers, was added by StaU,1985, a 98. § 1, and of a salary increase to certain council mem- expired by Its own terms. 629 AN ORDINANCE OF THE CITY OF MOORPARK RESCINDING ORDINANCE NO. 10 AND FIXING THE COMPENSATION OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 10 is hereby repealed; SECTION 2. The compensation of each City Councilmember shall be One Hundred dollars ($100.00) per month; SECTION 3. This ordinance shall become effective thirty (30) days after its passage and adoption; SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner required by law. PASSED AND ADOPTED this day of , 1990. Bernardo M. Perez, Mayor ATTEST: Lillian Kellerman, City Clerk