Loading...
HomeMy WebLinkAbout730ORDINANCE NO. 730 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING SECTION 2.04.031 OF THE CITY OF IRWINDALE MUNICIPAL CODE TO ELIMINATE THE FLAT RATE REIMBURSEMENT PAYMENT TO EACH COUNCIL MEMBER FOR THEIR MONTHLY EXPENSES EXPENDED WITHIN CITY BOUNDARIES A. RECITALS (i) Section 604 of the City Charter for the City of Irwindale requires Council members to be reimbursed for necessary expenses actually incurred in the performance of official duties and that such reimbursement be approved by the affirmative vote of not less than three (3) members of the City Council. (ii) Section 2.04.030 of Chapter 2.04 of Title 2 of the Irwindale Municipal Code states that upon submission of an itemized account, any Council member may be reimbursed for their actual and necessary expenses incurred in the performance of official duties. (iii) Section 2.04.031 of Chapter 2.04 of Title 2 of the Irwindale Municipal Code states that each Council member may receive a payment of $190.00 per month as a flat rate reimbursement for their expenses expended within City boundaries in the performance of official duties. (iv) The State Auditor's Office has raised concerns with the City's reimbursement policy insofar as Council members do not have to turn in receipts of necessary expenses actually incurred to receive the monthly reimbursement payment of $190.00. (v) By this ordinance, the City Council of the City of City of Irwindale desires to eliminate the flat rate reimbursement payments provided for in Section 2.04.031 of the Irwindale Municipal Code, and require Council members to submit itemized accounts in order to receive any reimbursement payments, pursuant to Section 2.04.030 of the Irwindale Municipal Code. (vi) All legal prerequisites to the adoption of this ordinance have occurred. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Irwindale does hereby ordain as follows: Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. Ordinance No. 730 Page 1 Section 2. Section 2.04.031 of Chapter 2.04 of Title 2 of the Irwindale Municipal Code, which reads as follows, is hereby repealed in its entirety: 2.04 034 Flat rate Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall cause a summary of this ordinance to be published in accordance with Government Code Section 36933, in a newspaper of general circulation which is hereby designated for that purpose, and this ordinance shall take effect thirty (30) days after its passage. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 8th day of August 2018. Mark, . Breceda, Ordinance No. 730 Page 2 OPINION.. Will - --0-W liffilION Who Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall cause a summary of this ordinance to be published in accordance with Government Code Section 36933, in a newspaper of general circulation which is hereby designated for that purpose, and this ordinance shall take effect thirty (30) days after its passage. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 8th day of August 2018. Mark, . Breceda, Ordinance No. 730 Page 2 State of California } County of Los Angeles } ss. City of Irwindale } I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 730 was duly introduced at a regular City Council meeting held on the 25th day of July 2018, and adopted at a regular meeting of the City Council held on the 8th day of August 2018, by the following roll call vote: AYES: Councilmembers: Ambriz, Burrola, Garcia, Ortiz, Mayor Breceda NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None WLOL Lur M. Nieto, MMC C f Deputy City Clerk AFFIDAVIT OF POSTING I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 730, adopted by the City Council of the City of Irwindale at its regular meeting held August 8, 2018, to be posted at the City Hall, Library, and Post Office on August 9, 2018. La ra M. Nieto, MMC C of Deputy City Clerk Dated: August 9, 2018 Ordinance No. 730 Page 3