HomeMy WebLinkAboutORD 17-11 Council Member Salaries and CompensationORDINANCE NO. 17 -11
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 2 OF THE
ORANGE MUNICIPAL CODE RELATING TO
SALARIES AND COMPENSATION OF CITY
COUNCIL MEMBERS.
WHEREAS, pursuant to Title 2 of the Orange Municipal Code the City Council has
established by ordinance the salaries of its members in accordance with the formula set forth
in Section 36516 of the Government Code; and
WHEREAS, in accordance with Section 36516(c) of the Government Code,
beginning January 27, 1989, the City Council authorized the compensation of its members to
be increased from $600 per month to its current level of $690 per month; and
WHEREAS, the City Council has provided health, welfare and retirement benefits to
its members by resolution of the City Council and by contract with the Public Employee
Retirement System; and
WHEREAS, the City Council, which also acts as the Board of Directors of the
Orange Redevelopment Agency, has established by ordinance that members of the Orange
Redevelopment Agency Board shall receive $30 per meeting of the Orange Redevelopment
Agency in accordance with Health and Safety Code Section 33114.5; and
WHEREAS, the City Council has determined to eliminate the compensation received
by its members while performing their duties on the City Council and on the Board of
Directors of the Orange Redevelopment Agency;
WHEREAS, state law prohibits the City Council, except in circumstances not
applicable to this Ordinance, from modifying the compensation received by its members
during their current terms, regardless of whether such modification results in an increase or
decrease in such compensation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I
Chapter 2.08 of the Orange Municipal Code shall be deleted in its entirety and
replaced with a new Chapter 2.08 to read as follows:
CITY COUNCIL, MAYOR AND
REDEVELOPMENT AGENCY COMPENSATION
2.08.010 Authority
The authority for the City Council to receive salary and health, welfare and retirement
benefits is set forth in Government Code sections 36516, 53201, 53208 and 53213. The
authority for the Board of Directors of the Orange Redevelopment Agency to receive
compensation is set forth in Health and Safety Code section 33114.5. The authority for the
City Council and the Board of Directors of the Orange Redevelopment Agency to be
reimbursed for actual and necessary expenses incurred in the performance of their duties is
set forth in Government Code section 53232.2"
2.08.020 Compensation.
Members of the City Council, including the Mayor, shall receive no salary pursuant
to Government Code section 36516, no health, welfare and retirement benefits pursuant to
Government Code sections 53201, 53208 and 53213, shall not be eligible to be enrolled in
the Public Employee Retirement System ( "PERS ") pursuant to Government Code section
20322, and shall not be entitled to reimbursement for actual and necessary expenses incurred
in the performance of official duties pursuant to Government Code section 53232.2 or to
otherwise have such actual and necessary expenses paid for by the City.
Members of the Board of Directors of the Orange Redevelopment Agency
Director ") shall receive no stipend for service as a Director pursuant to Health and Safety
Code Section 33114.5 and shall not be entitled to reimbursement for actual and necessary
expenses incurred in the performance of official duties pursuant to Government Code section
53232.2 or to otherwise have such actual and necessary expenses paid for by the Orange
Redevelopment Agency.
2.08.030 Prospective Application.
In accordance with state law, the elimination of any salary, stipend, health, welfare or
retirement benefit shall only apply to a member of the City Council or a Director who begins
a new term in office as a member of the City Council or as a Director after the effective date
of this Ordinance." `-
SECTION II:
To the extent required to implement the provisions of this Ordinance, City staff is
directed to modify any resolutions or contracts and to return to the City Council for any City
Council approvals deemed necessary.
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SECTION III
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause
and phrase thereof, irrespective of the fact that any one (or more) section, subdivision,
paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION IV:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage
in a newspaper of general circulation, published, and circulated in the City of Orange. The
City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such
adopted Ordinance along with the names of those City Council members voting for and
against the Ordinance in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its final passage
ADOPTED this 22 day of November, 2011.
arolyn :. Cavecche, Mayor, City of Orange
ATTEST:
Mary u , City of Orange
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 8th day of November, 2011, and thereafter at the regular meeting of said
City Council duly held on the 22 day of November, 2011, was duly passed and adopted by
the following vote, to wit:
AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary , City C1el of Orange
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