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02-09-2016 CC Rpt A07 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY (--7,e Meeting Date: February 9, 2016 Item No... A07 Public Hearing; Discussion Item:Ci%of .411111111‘k E Chino Hills Consent Item: .„„„„.„..„„.„„.„„„.„.............. . February 2, 2016 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: RECOMMENDED E ADJUSTMENT TO CITY COUNCIL COMPENSATION RECOMMENDATION: Introduce an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY *OF CHINO HILLS, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.04, SECTION 2.04.120 OF THE CHINO HILLS MUNICIPAL CODE, TO ESTABLISH CITY COUNCIL COMPENSATION AT$026.88 PER MONTH (EFFECTIVE JANUARY 1, 2017). BACKGROUND/ANALYSIS: California Government Code Section 36516 4 authorizes a city council salary adjustment of up to 5 percent (5%) per year, running from the time of the last salary increase. Given that the last City Council salary adjustment was January 1, 2007, the Council's salary may be increased up to forty-five percent (45%) in 2016 or fifty percent (50%) in 2017. California Government Code Section 36516.5 authorizes an adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by virtue of their beginning a new term of office. On November 8, 2016, a municipal election of two seats on the Chino Hills City Council will be held allowing for two members of the City Council to begin a new term. Therefore, the City Council is eligible for a salary adjustment effective November 9, 2016. On January 26, 2010, the City Council provided staff with direction to draft an ordinance increasing the City Council salary by twenty-five percent (25%) effective January 1, 2017. The Council salary is currently six hundred sixty-one dollars and fifty cents ($661.50) per month. A 25% increase is one hundred sixty-five dollars and thirty- eight cents $ 65.38) per month. Thus, effective January 1, 2017 the City Council's salary will be eight hundred twenty-six dollars and eighty-eight cents ($820.88). 92/470 AGENDA DATE: FEBRUARY 9, 2016 PAGE TWO SUBJECT: RECOMMENDED ADJUSTMENT TO CITY COUNCIL COMPENSATION SATIOI REVIEW BY OTHERS: This item has been reviewed by the City Attorney, Finance Director, and City Clerk. FISCAL IMPACT: Subject to Council's approval, funds will be included in the FY 2016/17 operating budget. .CEQA REVIEW: This action is nota project within the meaning of the CEQA Guidelines Section 15278 g and is therefore exempt from CEQA as it is an administrative change that will not result in any direct or indirect physical change in the environment. It is therefore exempt from CEQA. Respecffully submitted, Konradt Bar am, city Manager K : M:ssr Attachments: 1) Ordinance 189 2) Proposed Ordinance 3) Government Code Section 36516 4) Government Code Section 36516.5 93/470 k f ORDINANCE NO. 189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING TITLE 2, • CHAPTER 2.04, SECTION 2.04.120 OF THE CHINO HILLS MUNICIPAL CODE TO ESTABLISH CITY COUNCIL COM- PENSATION AT SIX HUNDRED S1XTY-ONE DOLLARS AND FIFTY CENTS ($661.50) PER MONTH. WHEREAS, Section 204.120 of the Chino Hills Municipal Code, Ordinance No. 153, provides that compensation for City Council Members shall be five hundred forty- one dollars ($541) per month and shall be paid at the same time and in the same manner as salaries,paid to other officers and employees of the City; and WHEREAS, Government Code Section 36516 provides for enactment of an ordinance and amendments thereto setting a salary for each Member of the City Council; and WHEREAS, based upon increases in population and the allowable annual percentage increases authorized by State law, the city Council is desirous of amending Section 2.04.120 toprovide that compensation for City Council Members shall be six hundred sixty-one dollars and fifty cents ($661.50) effective January 1, 2007, in accordance with Government Code Section 36516. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AIf AS FOLLOWS: SECTION 1. Title 2, Chapter 2.04, Section 2.04.120 of the Chino Hills Municipal Code, Council Compensation, is hereby amended to read: Section 2.04.120. Council Compensation. compensation for CityCouncil Member' shall be six The � hundred sixty-one dollars and fifty cents ($661.50) per month. Such compensation shall be payable at the same time and in the same manner as salaries are paid to other officers and employees of the City. SECTION 2. The compensation of six hundred sixty-one dollars and fifty cents ($661.50) per month for City Council Members shall be effective January 1, 2007, SECTION 3.,The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. 1 of 3 94/470 SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. PASSED, APPROVED AND ADOPTED this 12th day of September, 2006. ED GRAHAM, MAYOR ATTEST: 0 11( MARY M. f'O DUFFEE, CITYffi ' RK X r APPRO D AS TO FORM: MARK K I . HE SLEY, CITY ATTORNEY { ' F i 2 of 3 95/470 . Y STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss. CITY OF CHINO HILLS I, MARY M. McDUFFEE, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY FY that Urgency Ordinance No. 189 was adopted at an regular meeting held on the 12thday of September, 2006, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: GRAHAM,- OF TO[ --PER I , HAG AN, K UGE , AND CARSON NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE MARYM 1C UFFEE, �� r (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 189 duly passed and adopted by the Chino Hills City Council at their regular meeting held on September 12, 2006 and that a Summary of the Ordinance was published on August 26, 2006 in the Chino Hills Champion newspaper. r AIRY cD FFEE, CIT/ E K (SEAL) 3of3 • 96/470 Page 1 of 2 .2 . GOVERNMENT CODE- GOV TITLE 4. GOVERNMENT OF CITIES [34000 - 453451 Title 4 addedby Stats. 1949, Ch. 79, DIVISION 3. OFFICERS [36501 - 418051 Division 3 added by Stats. 1949, Ch, 79, PART 1. GENERAL [36501 36525] Part I added by Stats. 1949, Ch. 79, (a)(1)A city council may enact an ordinance providing that each member of the city council shall receive a 36516. salary based on the population of the city as set forth inparagraph(2). (2)The salaries approved by ordinance under paragraph(1)shall be as follows: In cities up to and including 35,000 in population,up to and including three hundred dollars($300)per month. In cities over 35,000 up to and including 50,000 in population,up to and including four hundred dollars $ 00 per month. In cities over 50,000 up to and including 75,000 in population,up to and including five hundred dollars($500)per month. In cities over 75,000 up to and including 150,000 in population,up to and including six hundred dollars($600)per month. (B)In cities over 150,000 up to and including 250,000 in population,up to and including eight hundred dollars($800) per month. (F) In cities over 250,000 population,up to and including one thousand dollars($1,000)per month. For the purposes of this subdivision,the population of a city shall be determined by the last preceding federal census,or a subsequent census,or estimate validated by the Department of Finance. The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment ofthe salary in effect when the ordinance r amendment is enacted.No ordinance shall be enacted or amended to provide automatic future increases in salary. (b)Notwithstanding subdivision(a),at any municipal election,the question of whether city council members shall receive a salary for services,and the amount of that salary,may be submitted to the electors.If a majority of the electors voting at the election favor it,all of the council members shall receive the salary specified in the election call.The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. (c)Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions(a)and (b).For the purposes of this section,compensation includes payment for service by a city council member on a commission, committee,board,authority,or similar body on which the city council member serves.If the other statute h tp: I ginf .legi l tur , *gov fa s printCodeSeetionWin ow.xhtmPlawCod GOV&see... 21242016 Page 2 of 2 that authorizes the compensation does not specify the amount of compensation,the maximum amount shall be one hundred flay dollars($150)per month for each commission,committee, board, authority,or similar body. (d)Any amounts paid by a city for retirement,health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section,provided that the same benefits are available and paid by the city for its employees. (e)Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to e do 36514.5 shall not be included for purposes of determining salary pursuant to this section. A city council member may waive any or all of the compensation permitte l by this section. (Amended by Stats. 2009, Ch. 332, Sec. 68. f f tive January], 201 0) htt : legl fo,legl 1 ture,ea.go f es printC eSeeti nWin ow xhtml`I C de—G &see... *NM/016 Page I of 1 GOVERNMENT CODE G V TITLE 4. GOVERNMENT F CITIES [34000 - 453451 ( Title 4 added by Stats. 1949, Ch. 79. DIVISION 3. OFFICERS [36501-41805] irisin 3 added by Stats. 1949, Ch. 79. PART 1. GENERAL [36501~ 36525] Part .1 added by Stats. 1949, Ch. 79. A change in compensation does not apply to a councilman during his term of office; however,the 365x6.5, 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 council becomes eligible for a salary increase by irtue of his beginning a new term of office. (Added by Stats. 1966, 1st E.Y. Sess., Ch. 12.) http: I gi .l gi lat r .ea, /f c printCod Se ti Win w. html` l wC de=G \&sec*.. `10,242016 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.04, SECTION 2.04.120 OF THE CHINO HILLSMUNICIPAL CODE TO ESTABLISH CITY COUNCIL COMPENSATION AT EIGHT HUNDRED TWENTY-SIX DOLLARS AND EIGHTY-EIGHT CENTS ($826.88) PER MONTH. WHEREAS, Section 2.04.120 of the Chino Hills Municipal Code, Ordinance No. 189, provides that compensation for City Council Members shall be six hundred sixty- one dollars and fifty cents ($661.50) per month and shall be paid at the same time and in the same manner ars salaries paid to other officers and employees of the City; and WHEREAS, Government Code Section 36516 provides for enactment of an ordinance and amendments thereto setting a salary for each Member of the City Council; and WHEREAS, based upon the allowable annual percentage increases authorized by State law, the City Council is desirous of amending Section 2.04.120 to provide that compensation for City Council Members shall be eight hundred twenty-six dollars and eighty-eight cents ($826.88) effective January 1, 2017, in accordance with Government Code Section 36516. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Title 2, Chapter 2.04, Section 2.04.120 of the Chino Hills Municipal Code, Council Compensation, is hereby amended in its entirety to read as follows: Section 2.04.120. Council Compensation. The compensation for City Council Members shall be eight hundred twenty-six dollars and eighty-eight cents ($826.88) per month. Such compensation shall be payable at the same time and in the same manner as salaries are paid to other officers and employees of the City. SECTION 2. This ordinance does not become operative until January 1, 2017, so that the compensation of eight hundred twenty-six dollars and eighty-eight cents ($826.88) per month for City Council Members shall begin on January 1, 2017. SECTION 3. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. of 3 100/470 SECTION 4. The City Clerk is directed to certify the passage and adoption of this the Cityof Chino Hills' book of original Ordinance; cause it entered into ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 5. This Ordinance will take effect on the 30th day following its final passage and adoption. tion.p PASSED, APPROVED AND ADOPTED this day of 2015. ART BENNETT, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 2 of 3 101/470