ORD 14-20 Ordinance FAILED - timing not right for this ordinance - City Council CompensationORDINANCE NO.14-20 FAILED — Reasonable to provide elected officials a stipend;
however, timing was not right for this ordinance. Councilmembers discussed bringing
it back at a more appropriate time in the future.
ORDINANCE NO. 14-20
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 2,
CHAPTER 2.08 OF THE ORANGE MUNICIPAL
CODE RELATING TO CITY COUNCIL
COMPENSATION.
WHEREAS, in November, 2011, the City Council adopted an ordinance eliminating all
salary, health and retirement benefits for the Mayor and City Council members, which applied
prospectively, to all future Mayors and City Council members; and
WHEREAS, at the general municipal election in November 2020, the City of Orange will
be transitioning from an at -large electoral system to a by -district electoral system; and
WHEREAS, during the process for the formation of the by -district electoral system
members of the public inquired about the compensation offered City Council members; and
WHEREAS, the lack of salary or compensation offered to City Council members often
dissuades interest or ability for citizens to serve as elected officials; and
WHEREAS, Government Code Section 36516 provides that a city council may enact an
ordinance providing that each member of the city council receive a salary based on the population
of the city; and
WHEREAS, in cities like Orange, with a population between 75,000 and 150,000, the
salary is set by statute at $600 per month; and
WHEREAS, in accordance with state law, the salary benefits apply to each member of
city council who begins a new term of office after the effective date of the ordinance; and
WHEREAS, a city council member may waive any or all of the compensation permitted
by this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
The Ordinance is not a project under the California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15378, because it involves general City policy and procedure
making actions.
SECTION II:
Title 2, Chapter 2.08 of the Orange Municipal Code, "City Council, Mayor and
Redevelopment Agency Compensation", is hereby deleted in its entirety and replaced with Chapter
2.08, "City Council Compensation", which shall read as follows:
Chapter 2.08 — City Council Compensation.
2.08.010 - Authority.
The authority for the City Council to receive salary benefits is set forth in Government
Code Section 36516.
2.08.020 — Compensation.
Pursuant to California Government Code Section 36516 (a) (2) (D), the compensation for
City Council members shall be $600.00 per month. Such compensation shall be payable at the
same time salaries are paid to other officers and employees of the city.
2.08.030 — Prospective Application.
Notwithstanding the provisions contained in California Government Code Section
36516.5, salary benefits shall apply to a member of the City Council who begins a new term in
office as a member of the City Council after the adoption of this ordinance.
SECTION III:
Prospective Application. The revisions contained in this ordinance shall be applied
prospectively, following the November 3, 2020, general municipal election.
SECTION IV:
To the extent required to implement the provisions of this Ordinance, City staff is directed
to modify any Administrative Policies in conflict herewith and return to the City Council for any
City Council approvals deemed necessary.
SECTION V:
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.
2
SECTION VI:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a
summary of the same to be published as required by law. This Ordinance shall take effect thirty
30) days from the date of adoption.
ADOPTED this day of , 2020.
Mark A. Murphy, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, 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
day of , 2020, and thereafter at the regular meeting of said City Council duly
held on the _ day of , 2020 was duly passed and adopted by the following vote,
to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
City Council Minutes September 8, 2020
Council discussed keeping the Paseo open through the end of the year, and reviewing
the closure at the January 12 meeting. After further discussion, it was Council
consensus to keep the Paseo open until January 17, 2021.
Public Comment
The following comment was read aloud by staff:
Kimberly Bottomley emailed suggestions
decorating the k rails.
on ways to beautify the Paseo including
A motion was made by Councilmember Nichols, seconded by Councilmember Monaco,
to continue the closure of the 100 blocks of north and south Glassell to Sunday,
January 17, 2021, and agendize a review of the closure at the January 12, 2021,
Regular City Council meeting. The motion carried by the following vote:
Ayes: Murphy, Alvarez, Nichols, and Monaco
Noes: None
Absent: None
9. LEGAL AFFAIRS
9.1. Introduction and first reading of an Ordinance of the City Council of the City of
Orange Amending Title 2, Chapter 2.08 of the Orange Municipal Code Relating to
City Council Compensation. Ordinance No. 14-20. (Continued from June 9, 2020)
City Attorney Sheatz provided a staff report noting that, if approved, proposed
Ordinance No. 14-20 would re-establish Council compensation that was eliminated in
November 2011 with the adoption of Ordinance No. 17-11. Compensation would
initially be established at $600/month. If adopted, compensation would be offered to all
Councilmembers seated after the November 3, 2020, election. Councilmembers could
choose to waive any and all compensation offered through this ordinance. The newly
established compensation would apply to the Mayor and all six Councilmembers
should they decide to take it.
During discussion, Mayor Murphy and Councilmember Nichols agreed that it's
reasonable to provide elected officials a stipend; however, they did not think the timing
was right to move forward with this ordinance. They discussed bringing it back at a
more appropriate time in the future.
Public Comment
The following comment was read aloud by staff:
Jordan Prell submitted an eComment in support of approving Ordinance No. 14-20 for
First Reading.
A motion was made by Mayor Pro Tem Alvarez, seconded by Councilmember Monaco,
to Introduce and approve Ordinance No. 14-20 for First Reading. The motion failed by
the following vote:
Ayes: Alvarez, and Monaco
Noes: Murphy, and Nichols
Absent: None
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