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HomeMy WebLinkAbout2005 094 CC RESO2005 094 CC RESO ×P@¸ RESOLUTION NO. 2005-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING COMPENSATION FOR MEMBERS OF THE COMMUNITY DEVELOPMENT COMMISSION WHEREAS, pursuant to Ordinance No. 1240, in accordance with applicable law, the City Council established itself as the Community Development Commission; and WHEREAS, as permitted by applicable law, the City Council established the rate of compensation payable to members of the Community Development Commission and provided that said rate could be changed by Resolution of the City Council; and WHEREAS, effective January 1, 2006, Assembly Bill No. 11 of the Statutes of 2005 AB 11 limits the compensation which may be received by a commissioner of a community development commission which acts only on redevelopment agency matters to $75.00 per meeting with a maximum of two paid meetings per month; and WHEREAS, existing case law and opinions of the California Attorney General indicate that the reduction of compensation to a person serving as a member of a Community Development Commission during the term of such service is unconstitutional; and WHEREAS, a request has been submitted to the California Attorney General by the author of AB 11 for an opinion as to the application of AB 11 to persons presently sitting on community development commission boards; NOW THEREFORE, the City Council of the City of Baldwin Park hereby resolves as follows: Section 1. Effective January 1, 2006, the compensation for any Community Development Commissioner who began service prior to January 1, 2006, shall remain at the previously established rate of $1,100.00 per month. Notwithstanding the foregoing, upon determination by the California Attorney General or a court of competent jurisdiction that AB 11 may constitutionally be applied to a Community Development Commissioner who took office prior to January 1, 2006, the compensation for any such Community Development Commissioner shall be reduced to $75.00 per meeting, with payment made for not more than two meetings per month 2005 094 CC RESO ×P@¸ Resolution No. 2005-094 Page 2 Section 2. Effective January 1, 2006, the compensation for any Community Development Commissioner who begins service after January 1, 2006, shall be $75.00 per meeting, with payment made for a maximum of two meetings per month. PASSED AND ADOPTED this 21St day of December 2005. MA On-NO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on this December 21, 2005, by the following vote: AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern David J. Olivas and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COU EMBERS: NONE ROSEMARY M! FtAmIREZ, CIVIC CHIEF DEPUTY CITY CLERK BIB] 38790-U01 2005-U02 094-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO84138-U03 C6-U03 RESO-U03 3/13/2006-U04 ROBIN-U04