HomeMy WebLinkAboutS1- Council Office CITY OF SAN BEDNARDINO - REQUEST For COUNCIL ACTION
From: Councilwoman Valerie Pope-Ludlam Subject: Commission Member Compensation
Dept: Council Office
Date: April 13, 1994
Synopsis of Previous Council Action:
November 15. 1993 - Community Development Commission increased compensation to Commission
members to $1500 per month, CPI annual increases and increase in EDA budget by $144,000 effective
immediately.
November 19 1993 - City Attorney declared action null.
December 6 1993 - CDC tabled the above action.
Recommended Motion:
A. To Reaffirm the increased compensation of Community Development commission Members by
amending City Resolution 39-111 increasing the compensation from $75 per meeting to $1500
per month, including annual CPI increases and increasing the EDA budget accordingly.
B. To direct the City Attorney to prepare the appropriate amendment to effect the increased
compensation and annual CPI increases.
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Contact Person: Philip A. Arvizo Phone: 5208
Supporting Data Attached: Yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct.No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. __
0
1 RESOLUTION NO. 89-311
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING COMPENSATION OF COMMUNITY DEVELOPMENT
3 COMMISSION MEMBERS AT $75 PER MEETING.
4 WHEREAS, Health and Safety Code Section 34130 provides that
5 the legislative body shall establish compensation for the
6 Commissioners of the Community Development Commission, and
7 WHEREAS, such compensation has been established at $75 per
8 meeting by motion and by the annual adoption of the Budget, and
9 WHEREAS, it is appropriate to formalize the establishment
10 of such compensation,
11 NOW THEREFORE BE IT RESOLVED that the compensation for
12 Commissioners of the Community Development Commission shall be
13 established at $75 per meeting or adjourned meeting for each
14 Commissioner, provided, that the compensated meetings shall not
15 exceed four ( 4) in any calendar month, and that a Commissioner to
16 be compensated must be present during some part of the
17 consideration and/or action on a Commission Agenda item.
18 I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
20 Bernardino at a regular meeting thereof, held on the 7th
21 day of August 1989, by the following vote, to wit:
22 AYES: Council Members Estrada, Reilly, Flores,
23 Minor, Pope-Ludlam, Miller
24 NAYS: None
25 ABSENT: Council Member Maudsley
26 /7
!/
27 City- Clerk
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DAB:br 1
July 12, 1989
RESOLUTION - ESTABLISHING COMPENSATION OF COMMUNITY
DEVELOPMENT COMMISSION ME ERS
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2 The foregoing resolution is hereby approved this 9f`t day
3 of August 1989 .
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5 c n LL�.�
YQR,PR0 TEMPO
6 City of San Bernardino
7 Approved as to form
and legal content:
8
JAMES F. PENMAN,
9 City Attorney
10
By:
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DAB:br 2
July 12, 1989
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM YIV
I
TO: Timothy C. Steinhaus, Agency Administrator
Economic Development Agency
FROM: Dr. F. J. Curlin, Councilman
Second Ward
SUBJECT: COMMISSION COMPENSATION
DATE: November 22, 1993
COPIES: Mayor; File
Please place the following motions on the December 6, 1993 Community Development
Commission agenda:
Motion A: Reconsideration of Commission Compensation
Motion B: That the Community Development Commission rescind its previous action
increasing the pay of the Commission members from $75.00 per meeting to
$1,500 per month, with an annual cost of living increase based on the CPI.
Motion C: That the Community Development Commission rescind increasing the
Economic Development Agency's FY 93/94 Budget by $144,000.
i
J. CURLIN
Councilman, Second Ward
CITY OF SAN BERNARDINO
OFFICE OF THE CITY ATTORNEY
JAMES F. PENMAN
City Attorney
19 November 1993
The Honorable Tom Minor
Mayor, City of San Bernardino
San Bernardino City Hall
300 North "D" Street
San Bernardino, CA 92418
Dear Mayor Minor:
In response to your request, this office has researched all aspects
of the legality of the November 15, 1993 action voted by the
Community Development Commission to increase the Commissioners '
compensation from Seventy-Five Dollars per meeting to One Thousand
Five Hundred Dollars per month.
We have determined, as discussed in the attached Legal Opinion
Numbered 93-21, that the action of the Commission increasing its
compensation is invalid and will not stand.
Health and Safety Code Section 34130 requires that compensation for
Commission Members be set by the Legislative Body. In our City,
the Legislative Body is the Mayor and Common Council.
Although you do not have a veto over actions taken by the
Commission [Health and Safety Code S 33200( a) ] , you do have a veto
over any action taken by the Council unless there are five or more
Council votes in support of said action (San Bernardino City
Charter, S 31 ) .
Since only four Council Members have supported the pay increase and
since you have vowed in public to veto any such raise if it comes
to the Council, the action of the four Commissioners to raise their
compensation at the last meeting is, effectively, a nullity.
It is interesting to note that this office was never asked whether
or not the Commission, as opposed to the Council, was the
appropriate body to enact a compensation increase.
SFP:dd[Minor.Ltr]
CITY HALL
300 NORTH 'D' STREET • SAN BERNARDINO, CALIFORNIA 92418
(714) 384-5355
The Honorable Tom Minor 19 November 1993
Mayor, City of San Bernardino
Page 2
Senior Assistant City Attorney Dennis Barlow was asked, at two
different committee meetings if it was legal to raise the
compensation. He accurately said it was. We were asked about a
Health and Safety Code Section that limits compensation for
Redevelopment Agency Members to Thirty Dollars per meeting. We
provided copies of opinions by my predecessor' s office and special
agency counsel which state that the section does not apply to a
Community Development Commission. But no one raised the issue to
any attorney in this office as to which body, Council or
Commission, had the authority to raise the Commissioners'
compensation.
I note that the item was not placed on the Commission Agenda as an
ordinance or a resolution. This office would have to sign off on
ordinances or resolutions but not on mere motions. With sixty-
eight items on the four different agendas (Council, Council
Supplemental, Commission and Commission Supplemental ) for the
November 15 meeting, it was a good bet that only those items
involving ordinances, resolutions and/or those items obviously
involving complex legal issues ( such as the ban on the sale of guns
by the Police Department ) , would be researched prior to the
meeting.
In any event, I respectfully recommend that you direct the Economic
Development Agency Administrator, forthwith, not to pay any
additional compensation to any Commission Member based on the
November 15, 1993 Commission action.
Respectfully Submitted,
James F. Penman
City Attorney
cc: City Council Members
City Clerk
City Treasurer
EDA Administrator
JFP:dd[M1nor.Ltr7
P ' VELOPMENT DEPARTMP T
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUN II ACTION
FROM: KENNETH J. HENDERSON SUBJECT: PAY INCREASE FOR
Executive Director COMMISSION MEMBERS
DATE: November 10, 1993
Sveeo Is of Previous COmminion/COuneil/Committee Action(s):
The Commission and Committee have both previously discussed this matter in regular session.
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Recommended Motion(sl:
(Coremunib Devetopment Commission)
(Redevelopment Committee Recommendations)
MOTION A: That the Community Development Commission increase pay to Commission Members from
$75.00 per meeting to $1,500 per month
AND
MOTION B: That the Community Development Commission increase the Economic Development Agency
FY 93194 budget by $144,000.
Administrator KENNETH 1. HEND RSON
Executive Director
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Contact Person(s): Kenneth J. Henderson Phone: 5091
Project Area(s): N/A Ward(s): N/A
Supporting Data Attached: See Attached Memorandum from Councilwoman Pone-Ludlam
FUNDING REQUIREMENTS: Amount: $144.000 Source: Bond Proceeda
Budget Authority: Requested
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Cemmission/Counell Notes:
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�. KJH:lag:payinc.cdc COMMISSION MEETING AGENDA
MEETING DATE: 11/15/1993
Agenda Item Number: �i
1
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Timothy C. Steinhaus, Economic Development Agency Admini.rrator
FROM: Council Office
SIJBIF.CT: RDA Committee Agenda
DATE: October b, 1993
COPIES;
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Please place the following on the RDA Committee Agenda for October 7:
Motion: That pay for Commission Members be Increased to
per meeting.
VALERIE POPE-LUDLAM
Councilwoman, Sixth Ward
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