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Home My WebLink AboutR27-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY ORIGINAL OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco Executive Director SUBJECT: Community Development Commission Meetings - limiting the number of meetings per month for which compensation may be received. DATE: July 18, 2006 ---------------.---------------------------------------------------------------------------------------- Svnoosis of Previous CommissionlCounciVCommittee Action(s): On July 18, 2006, based upon Health and Safety Code, the Redevelopment Committee recommended approval of a resolution limiting the number of Community Development Commission monthly meetings for which a Commission Member may be compensated. --------------------------------------------------------------------------------------------------------------------------------------- Recommended Motion(s): (Community Develooment Commission) Resolution of the Community Development Commission of the City of San Bernardino, Califomia, establishing limits as to the number of meetings per month for which compensation may be received by the Community Development Commission Members ------------.------------------------------------------------------------------------------------------------------------------------------- Contact Person(s): Maggie PachecolBarbara Lindseth Phone: (909) 663-1044 All Project Area(s) Supporting Data Attached: All Ward(s): Ii'! Staff Report Ii'! Resolution( s) Agreement( s) Contract( s) Map( s) Letters FUNDING REQUIREMENTS Amount: $ 14,400 Source: All Budget Authority: In Fiscal Year 2006-07 Budget SIGNATURE: -)1:1 2~ Maggie Pacheco, Executive Director . ca~ indseth, Director Admiri Services ...C~~;rl~~i-;;;;jC;;;;-;.~iTN~t;;~_=_lZRc:o---rnl~r>>-T)rYC;~J)'---------------- ------------------------------------------------------------------------------------------------------------------------ P:\Aacndas\Comm Dev Commission\CDC 2006\08-07-06 Commission COl\llCn.salion SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/07/2006 Agenda Item Number: rR:2 7 e e e ECONOMIC DEVELOPMENT AGENCY STAFF REPORT COMMUNITY DEVELOPMENT COMMISSION MEETINGS - LIMITING THE NUMBER OF MEETINGS PER MONTH FOR WHICH COMPENSATION MAY BE RECEIVED BACKGROUND: On October 23, 1983, the Community Development Commission ("Commission") established compensation for the Commission Members ("Members") at $30 per Commission meeting attended, not-to-exceed four (4) Commission meetings per calendar month. On August 7, 1989, compensation for Members attending Commission meetings was established at $75 per meeting, again, not-to-exceed four (4) meetings per calendar month. Based upon this 1989 action, $28,800 has been budgeted annually in the Economic Development Agency's ("Agency") budget toward Member compensation. CURRENT ISSUE: Effective January I, 2006, Section 34130.5 was added to the Health and Safety Code ("See Attached") which limited Member compensation for attending Commission meetings to $75 per meeting, and further limited Member compensation to only two (2) Commission meetings per calendar month. Hence, it is necessary for the Commission to adopt a resolution restricting Member compensation to a maximum of two (2) Commission meetings attended per calendar month. ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: There is no additional cost to the Agency; the maximum amount that may be paid in total to all Members may not exceed $14,400. Funds in the amount of $28,800 are currently approved in the Agency's fiscal year 2006-07 budget. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. ;0 e~ Maggie Pacheco, Executive Director P: Agendas"Comm Dc\' Commission CDC :!006.0S.Q7-Q6 CommiMion Compensation SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/07/2006 Agenda Item Number: R :J.7 CA Codes (hsc:34130-3413I) HEALTH AND SAFETY CODE eT10N 34130-34131 34130. (a) When the legislative body adopts an ordinance declaring the need for a commission, the mayor or chairman of the board of supervisors or similar official, with the approval of the legislative body, shall appoint the number of resident electors of the community as commissioners as the legislative body prescribe by ordinance. The legislative body by ordinance may increase or decrease the number of commissioners. The legislative body, except as otherwise expressly provided in subdivision (b), shall establish and provide for the terms, and removal of the commissioners. The legislative body shall provide procedures for appointment or election of the officers of the commission. (b) Two of the commissioners shall be tenants of the housing authority if the housing authority has tenants. One such tenant commissioner shall be over the age of 62 years if the housing authority has tenants of such age. If the housing authority does not have tenants, the legislative body shall, by ordinance, provide for appointment to the commission of two tenants of the housing authority within one year after the housing authority first does have tenants. The term of any tenant commissioner appointed pursuant to this subdivision shall be two years from the date of appointment. If a tenant commissioner ceases to be a tenant of the housing authority, he shall be disqualified from serving as a commissioner and another . of the housing authority shall be appointed to serve the der of the unexpired term. A tenant commissioner shall have all towers, duties, privileges, and immunities of any other commissioner. (cl Upon the appointment and qualification of a majority of the commissioners, the commission shall be vested with all the powers, duties, and responsibilities of the members of the redevelopment agency and, if the legislative body so elects, the commissioners of the housing authority. Members of the redevelopment agency and commissioners of a housing authority which has been placed under the jurisdiction of the commission shall have no powers, duties, and responsibilities as long as the commission functions. 34130.5. (a) Commissioners shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. The legislative body may also provide for ot~er compensation pursuant to either subdivision (b) or (c). (b) If the ordinance of the legislative body declaring the need for a commission to function within the community declares that need only with respect to a redevelopment agency, the compensation provided by the legislative body shall not exceed seventy-five dollars ($75) for each commissioner for each meeting of the commission attended by that commissioner. No commissioner shall I receive compensation for attending more than two meetings of the commission in any calendar month. .) If the ordinance of the legislative body declaring the need commission to function within the community declares that need w respect to a redevelopment agency and a housing authority, the , compensation provided by the legislative body shall not exceed one hundred fifty dollars ($150) for each commissioner for each meeting of the commission attended by that commissioner. No commissioner http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=34001- 35000&file=34130-34131 Page lof2 7/18/2006 CA Codes (hsc:34130-34131) shall receive compensation for attending more than two meetings of t~omrniSSion in any calendar month. 34131. A commissioner, unless the legislative body is the commission, may not be an elective officer or an employee of the community, but may be a member, commissioner, or employee of any other agency or authority in the community. Page 2 of2 e e http://www.leginfo.ca.gov/cgi-binldisplaycode?section=hsc&group=34001- 35000&fi1e=34130- 34131 7/18/2006 e 2 3 4 5 6 7 8 9 10 11 12 el3 14 15 16 17 18 19 20 21 22 23 24 e25 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING LIMITS AS TO THE NUMBER OF MEETINGS PER MONTH FOR WHICH COMPENSATION MAY BE RECEIVED BY THE COMMUNITY DEVELOPMENT COMMISSION MEMBERS WHEREAS, Health and Safety Code Section 34130 provides that the legislative body shall establish compensation for the Commission Members ("Members") of the Community Development Commission ("Commission"); and WHEREAS, on August 7, 1989, compensation was established for Members at $75 per Commission meeting or adjourned meeting, provided, that the compensated Commission meetings shall not exceed four (4) in any calendar month, and that the Member must be present during all or any portion of the consideration and/or action on a Commission Agenda item; and WHEREAS, Section 34130.5 was added to Health and Safety Code, effective January 1, 2006, which established limits on the compensation received by Members to a maximum of $75 for each Commission meeting attended, not to exceed two (2) meetings per calendar month; and WHEREAS, the Commission desires to formalize the Health and Safety Code Section 34130.5 limits placed on Member compensation. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section 1. The Commission hereby establishes compensation for Community Development Commission Members at $75 per Commission meeting, regular or adjourned, 1 P:\Aaendu\Rcsok.diona\Rclolul_\2OO6I08-07.(l6~~ioa.ReIo.4oc e2 provided, that the compensation shall not exceed two (2) Commission meetings in any calendar month, and that for a Member to be compensated, the Member must be present during all or 3 any portion of the consideration and/or action on a Commission Agenda item. 4 Section 2. This Resolution shall take effect upon the date of its adoption. 2 P:\ApIdII\kao1uIions\AeIoIuliDnl\2OO6\Oi-07-06 Comniajpa ~ian Rao.doc meeting thereof, held on the day of 7 Commission Members: Aves Navs 8 ESTRADA 9 BAXTER 10 VACANT 11 DERRY 12 KELLEY e13 JOHNSON 14 MC CAMMACK 15 el 2 e25 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING LIMITS AS TO THE NUMBER OF MEETINGS PER MONTH FOR WHICH COMPENSATION MAY BE RECEIVED BY THE COMMUNITY DEVELOPMENT COMMISSION MEMBERS 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 Community Development Commission of the City of San Bernardino at a 6 , 2006, by the following vote to wit: Abstain Absent 16 Secretary 17 day of ,2006. The foregoing resolution is hereby approved this 18 19 20 Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino 21 22 Approved as to Form an Le al Content: 23 By: 24 3 P:\ApDdu\Jtaolutioftl\Rcsoludons\2006\0i.()7-06 Qxnnissioo ~ion Rao.doc: ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM I .' CD~ Meeting Date (Date Adopted): '(;\-\ \ f) Co Item # J2J. 1 Resolution # J t)00- .~~ Vote: Ayes I a y ~ ~ Abstain~ Absent S- -I) J J Change to motion to amend original documents D Companion Resolutions NulllVoid After: days I Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D RECORD W/COUNTY D By: POST D Date Sent to Mayor: ---Z..j 9 I Ov Date of Mayor's Signature: ~ C\ \ DlD Date of ClerklCDC Signature: 9, \ D \ \)\0 Reso. Log Updated: Seal Impressed: Reso. # on Staff Report Date MemolLetter Sent for Signature: 1" Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: D Request for Council Action & Staff Report Attached: Yes -X- No By_ Updated Prior Resolutions (Other Than Below): Yes N~ By_ Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634): Yes N~ By_ Updated CDC Personnel Folders (5557): Yes NoX- By_ Updated Traffic Folders (3985,8234,655,92-389): Yes NoL By_ Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Services Others: EDA ~ W uSa n l\...Information Services D Parks & Recreation D Police Department D Public Services D Water Department D D Ytul'\.c'" D D Facilities Finance Fire Department Human Resources D D D D D Notes: Ready to File: _ Date: Revised 12/18/03