HomeMy WebLinkAboutAGENDA REPORT 1990 0606 CC REG ITEM 11HMOORPARK ITEM.
PAUL W. LAWRASON, Jr. r .DOppApx CAUFORM4 STEVEN KUENY
Mayor CRY Courdl Maefre CRY Manager
SCOTT MONTGOMERY /// �y CHERYL J. KANE
Maya Pro Tom ��—'�fe-�,�199y City Atromey
ELOISE BROWN a ACTION-&2&,y PA IQK RICHARDS, A.I.C.P.
Coun lmember - Diregor M
CLINT HARPER, Ph.D. Communay DevebpMOM
Councrlmember ' 2 e R-DENNIS DELZEIT
BERNARDO M. PEREZ BV City Engimeer
Counalmember /' � JOHN V. GILLESPIE
ULUAN KELLERMAN M E M O R A N D U M"7/ Chief of Police
City Clerk C/ RICHARD T. HARE
City Treasurer
TO: The Honorable City Council
FROM: Lillian Kellerman, City Clerk-1
DATE: May 9, 1990
SUBJECT: CITY COUNCIL HONORARIUM
Background:
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 ($100.00) 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. LO 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 -
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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