The URL can be used to link to this page

Home My WebLink About6.2 Compensation for Commissioners 'loo CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: . July 24, 1989 SUBJECT PUBLIC HEARING Ordinances Providing for Compensation of Members of the Planning and Park & Recreation Commissions Report prepared by City Manager EXHIBITS ATTACHED Draft Ordinances; Memorandum from Assistant City Attorney dated June 20, 1989; City of Lancaster, California Commission Compensation Survey dated June 9, 1988 RECOMMENDATION Open Public Hearing; Hear Staff Presentation; Hear Public Testimony; Close Public Hearing; Deliberate and Ta e Appropriate Action L FINANCIAL STATEMENT: \ If these Ordinances are adopted, the maximum expense to the City per year would total $9, 000. A Budget transfer from the Contingent Reserve would be necessary in the amount of $5, 400 to the Planning Department' s Budget and $3, 600 to the Park & Recreation Department' s Budget. DESCRIPTION As part of the City Council' s review of the 1989-90 Budget, the City Council considered the appropriateness of compensating Commissioners who are serving on the City' s Planning and Park & Recreation Commissions . At that meeting, the City Council conceptually approved compensation of Commissioners as follows: Planning Commission members would be compensated at $30 for each meeting attended with a three meeting per month cap. Park & Recreation Commission members would be compensated at $30 for each meeting attended with a two meeting per month cap. In accordance with City Council direction, Staff and the City Attorney' s Office have prepared two Ordinances, which would accomplish the City Council' s direction. Upon conclusion of the public hearing, if the Council feels that it is in order to compensate Commissioners in the manner previously discussed, it would be appropriate for the Council to introduce the two Ordinances attached to the Staff Report. ---------------------------------------------------------------------------- COPIES TO: Planning Commission Park & Recreation Commission ITEM N0. 6-� �. IN THE CITY COUNCIL OF THE CITY OF DUBLIN ORDINANCE NO. -89 AN ORDINANCE AMENDING ORDINANCE NO. 5, RELATING TO COMPENSATION FOR PLANNING COMMISSION MEMBERS The City Council of the City of Dublin does ORDAIN as follows: Section 1. Section 4 of Ordinance No. 5 is deleted and is replaced with the following Section 4: ` "Section 4 . Expenses and Compensation. Planning Commission members shall be entitled to reimbursement for expenses as the Council may approve. In addition, Planning Commission members shall be paid $30. 00 for each meeting attended to a maximum of three meetings in a calendar month, provided that Commission members shall not be deemed to be City employees by virtue of such payment. " Section 2 . Posting and Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. 1 PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this day of 1989 by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk 2 IN THE CITY COUNCIL OF THE CITY OF DUBLIN ORDINANCE N0. -89 AN ORDINANCE RELATING TO COMPENSATION FOR PARKS AND RECREATION COMMISSION MEMBERS The City Council of the City of Dublin does ORDAIN as follows: Section 1. Parks and Recreation Commission members shall be paid $30. 00 for each meeting attended to a maximum of two meetings in a calendar month, provided that Commission members shall not be deemed to be City employees by virtue of such payment. Section 2 . Posting and Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. 1 PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this day of 1989 by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor City Clerk 2 MEYERS, NAVE, RIBACK & WEST MICHAEL NAVE A PP.GFESSIONAL LAW CORPORATION PENINSULA OFFICE STEVEN R Mi=-ST GATEWAY PLAZA 1220 HOWARD AVE..SUITE 250 ELIZABETH HYIEST BURLINGAME.CA 94010-4211 ELIZABETH Y, SILVER 777 DAVIS STREET,SUITE 300 (415)348-7130 MICHAEL S.RIBA.CK SAN LEANDRO•CALIFORNIA 94577 FAX(415)342.Oa86 MOLLY T.TAMI (415)351-4300 ANNE E.MUDGE FAX(415)351-4481 MARIN OFFICE MICHAEL F.P.ODRIOUEZ 1202 GRANT AVE..SUITE E OF COUNSEL NOVATO.CA 94945 THOMAS F.2ERTRAND (415)892-8878 REPLY TO: MEMORANDUM I To: Richard Ambrose City Manager From: Elizabeth H. Silver Assistant City Attorney Re: Compensation of Commission Members Date: June 20, 1989 Councilmember Snyder is proposing that the Council pay commission members for attendance at commission meetings. He is proposing, for instance, $50 per meeting for Planning Commission members. We conclude, for the reasons discussed below, that Planning Commission members may receive compensation for their attendance at Commission meetings in an amount to be fixed by the City Council. It would appear that other Commission members could also be provided compensation in that same manner. Government Code Section 36505 provides that a city council may appoint such subordinate officers or employees as it deems necessary, while Section 36506 provides that the council shall fix the compensation of all appointive officers and employees. With respect specifically to Planning Commissions, Government Code Sections 65102 and 65104 authorized the City council to establish rules, procedures, or standards for its planning agency and to provide the funds necessary or appropriate for the work of the planning agency. These sections appear to specifically authorize the City Council to provide for compensation of Planning Commission members as well as provide for reimbursement to Planning Commission members for actual and necessary expenses incurred in the performance of official duties for the City. With respect to compensation of other Commission members, it would appear that absent some specific statutory prohibition against compensation of particular Commission members, the Council could, under the broad authority cited above, provide for such compensation. While we are presently unaware of any such statutory Richard Ambrose June 20, 1989 Page 2 prohibitions, we could research this further in the context of the issue of compensation for other particular City commissions. Consequently, please advise if you would like us to consider further compensation of specific Commission members other than Planning Commission members. In order to provide compensation to Commission members, an ordinance would be necessary to authorize and fix the amount of compensation. The payment of compensation for attendance at meetings does not require compliance with Section 89 of the Internal Revenue Code. If Commission members were to be provided benefits, Section 89 would be implicated. If you require any further assistance in this matter, please let me know. MEYERS, NAVE, RIBACK & WEST Elizabeth H. Silver EHS: ls City of Lancaster - 44933 North Fern Avenue Lancaster, California 93534 v s 805-945-7811 UD DTI V, N.J. "Nick"Maluccio June 9, 1988 Mayor George S.Theophanis League of California Cities Vice Mayor 1400 K Street, Suite 400 Els Groves Sacramento, CA 95814 Councilman Lynn S. Harrison Attn: Loraine Okabe Councilwoman Arnie Rodio RE: Commission Compensation Survey, City of Lancaster Councilman James C. Gilley Dear Ms. Okabe: City Manager In May of this year, the City of Lancaster distributed a survey regarding compensation for Parks, Recreation and Arts and Planning Commissioners to every city in California. The survey focused on compensation for commissioners, whether or not medical benefits are provided for commissioners, and included a question on other benefits provided. Four hundred and forty three surveys were sent out. Over 340 were received back from the surveyed cities. The deadline for surveys to be mailed back to Lancaster by the surveyed cities was May 31. As of June 9, the City of Lancaster is still receiving some of the surveys. The attached summary reflects the results as of the first week in June. The City of Lancaster hopes this survey will benefit other cities in the League; and we appreciate their cooperation and support. Sincerely, -4�-2 r Kurt Brotcke Administrative Intern faommeato, CaUfornta 88814 r .t v 5. i CIA Commission Survey Number of Planning Commission responses: 336 Does your city provide compensation Does your city provide any medical benefits? for Planning commissioners? Medical benefits totals: Compensation totals: yes 2 0.60% yes 147 43.75% no 317 94.63% no 173 51 .49% not applicable 1 6 4.78% not applicable 1 6 4.76% 1 total 335 100% total 336 100% Does your city provide any other benefits? Frequency of compensation: per meeting 87 59.18% Benefit totals: per month 49 33.33% yes 29 8.98% bi-weekly 1 0.68% no 278 86.07% unknown 10 6.80% not applicable 16 4.95% 147 100% 1 total 323 100% pay averages: per meeting $35.67 per month $81.56 bi-weekly $11.54 CALIFORNIA MUNICIPAL _dVEY-BOARDS AND C0MMISSI0i7S Planning Commission Compensation-62 cities Agoura Hills-$25 mtg./$50 monthly cap Sonora-$125 monthly-chair-only Auburn-$25/mtg. South Gate-$50/mtg./$100 cap Baldwin Park-$50/mtg. Stockton-$25/mtg./$150 monthly cap Barstow-$50/mtg. Turlock-$25 /mtg./$50 monthly cap Bellflower-$75/mtg. Vista-$62.50 monthly Belmont-$40 monthly Walnut-$25/mtg./$50 monthly cap Big Bear Lake-$50 mtg./$150 monthly cap West Covina-$75 monthly Brea-$40/mtg./$80 monthly cap Yorba Linda-$75 monthly Carpinteria-$50 monthly Carson-$70 monthly Ceres-$40 monthly Concord-$50 mtg. Covina-$200 monthly Culver City-$35 monthly Delano-$10/mtg. Desert Hot Springs-$50 monthly Duarte-$20/mtg./$40 monthly cap :Fairfield-$35/mtg./$105 monthly .cap Fontana-$30/utg. Fremont-$50/mtg. . Gardena-$50 monthly Grass Valley-$25 monthly Huron-$25 monthly Jackson-$10 monthly Kerman-$10/mtg. La Canada Flintridge-$25/mtg. /$50 monthly cap '..-Laguna 3each-$60 monthly jA-V-zsa6$30/utg. .��,aac4at�er-$25/tntg. , :Liandale-$60;uoanthly Lmaon Grgve-$30/mtg/$90 monthly cap Livermore-$100 monthly Lodi-$20/mtg./$60 monthly cap Long Beach-$50/mtg./$250 monthly cap Morro Bay-$20 mtg. /S40 monthly cap National City-$75/mtg, Newark-$25/mtg./$50 monthly cap Newport,Ieach-$50/mtg. Novato-$25/mtg./$50 monthly cap Ontario-$50/month Orange-$40/mtg. Pico Rivera-$30/mtgl$90 monthly cap Rocklin-$25 monthly San Dimas-$25/mtg./$50 monthly cap San Fernando-$15 mtg. San Francisco-$15 mtg. LMAGUR! OF C -JI?0FJN1A (11T7.-FS San Jose-$250 monthly ie�� f+►xtiwt San Juan Capistrano-$75 monthly H"M;m TUU), CAIU'(M99. BC\91 San Marcos-$30 meeting Santa Paula-$15/mtg. Santee-$25/mtg. Signal Hill-$50 monthly Simi Valley-$150 monthly