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HomeMy WebLinkAbout2007/01/09 Item 2 ~o~ ORDINANCE NO. ~ ~~ t$)O ~~\~ AN ORDINANCE OF F CHULA VISTA ADOPTING A CITY 11 POLICY REGARDING REIMBURSEMENT OF EXPENSES FOR LEGISLATIVE BODY MEMBERS WHEREAS, the California legislature recently passed AB 1234 which, among other things, requires cities to implement policies governing expense reimbursement to legislative body members; and WHEREAS, as a charter city, the City of Chula Vista ("City") has been granted plenary "home rule" authority over local "municipal affairs," pursuant to California Constitution article XI, section 5 and the City exercises this authority over issues related to the compensation of City officers and employees; and WHEREAS, the Charter of the City of Chula Vista (the "City Charter") allows the City to reimburse expenses incurred by the Mayor and City Council members (see, City Charter 99302 and 304(c)], and by board and commission members, when authorized by the City Council (see, City Charter S601(b)]; and WHEREAS, on its face, AB 1234 applies to charter cities; and WHEREAS, the City has determined that it would be in its best interests for public and fiscal policy reasons to adopt a policy governing expense reimbursement of legislative body members and has prepared such a policy (the "Policy"); and WHEREAS, the City finds that the Policy complies with AB 1234, in the event that AB 1234 could be constitutionally applied to charter cities; and WHEREAS, the Mayor and City Council members currently receive auto allowances and the City finds that those allowances reasonably reflect actual and necessary expenses incurred by the Mayor and City Council members, respectively, in their official City duties, and that those allowances are beneficial to the public; and WHEREAS, the City Council has considered all information related to this matter, including that presented by staff, and any information provided during the public meeting at which this Policy was considered. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I: 1. The City adopts the City Council Policy on Expense Reimbursement to Legislative Body Members, attached as Exhibit 1 to this Ordinance. I:\Atalm~ORD[N.t\NCES\&pemt: r:imbuncmeoC Policy for Council Membcrs.doc: 2-1 /- Ordinance No. . ,';-,_ Page 2 .,<: C' Section II: adoption. Presented by .\~ p. . . . .', ~ '. 2. This Policy is adopted pursuant to' the City's constitutional home-rule authority over its municipal affairs related to compensation of City officials and employees. " ~. The auto allowances paid to the Mayor and City Council members and incorporated in the Policy reasonably reflect actual and necessary expenses incurred by the Mayor and City Council members, respectively, in their official City duties, and that those allowances are beneficial to the public. 4. In certain instances, as specified in the Policy, the purchase of meals by legislative body members for tlllrd parties is an actual and necessary expense of a member's official City duties. This ordinance shall take effect and be in full force thirty days from its Approved as to form by (~~keJ ~ ~ o:ey Ann Moore City Attorney J:\AnI:ll'1ley\JIU...M\ORDINANCES\ElCJl""lIe ~'"1ll P'olicy forCauneil Mcnbondo<: 2-2