HomeMy WebLinkAbout02/14/2024 CC 330 AGENDA PACKET BAKERSFIELD CITY COUNCIL
POST-MEETING AGENDA
BAKERSFIELD REGULAR MEETING
THE SOUND v= :4YeaRt/rAiee
February 14, 2024, 3:30 p.m.
Council Chambers, City Hall, 1501 Truxtun Avenue
1. ROLL CALL
2. PUBLIC STATEMENTS
a. Agenda Item Public Statements
b. Non-Agenda Item Public Statements
3. REPORTS
a. Staff Report from City Attorney regarding Potential Amendment to Charter-Council
Salary (2-14-24)
*1. PowerPoint presentation
*2. Written material provided by CAO
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding Bring
Back the Kern Water Audit California, et al. v. City of Bakersfield, et al. Kern County
Superior Court Case No. BCV-22-103220
5. CLOSED SESSION ACTION
6. ADJOURNMENT
IMIll
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BAKERSFIELD
�5IXN00F " ADMINISTRATIVE REPORT
MEETING DATE: February 14, 2024 AGENDA CATEGORY: Reports
TO: Honorable Mayor and Council
FROM: Virginia Gennaro, City Attorney
DATE: January 25, 2024
SUBJECT: Staff Report from City Attorney regarding Potential Amendment to Charter — Council
Salary; Staff recommends City Council feedback and direction.
[Document Description]
RECOMMENDATION:
Staff Recommends that Council provide feedback and direction.
BACKGROUND:
The City Attorney will go over a PowerPoint and look to City Council for feedback and direction.
FISCAL IMPACT:
COUNCIL GOAL:
ATTACHMENTS:
Page 2 of 29
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Charter Amendment
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, ' ° ...,, Virginia Gennaro
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Febrtraery 14, 24
I
Council Referral - Recap
„ . •
• June 28, 2023 City Council 3: 30 pm Meeting
- Moss Adams Provided a City Charter Review Presentation
• Referral to the City Attorney to return with historical context,
additional information , and options for Council consideration
of a 2024 Council pay ballot measure
— Also requested Oakland and Long Beach be included in an analysis
of comparable Council pay
Page 4 of 29
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Council Referral - Recap
„ . •
• August 9, 2023 (no Wards 5 & 7)
— Went through a power point
— Direction: Continue discussion to potentially bring forward items at
General Election (3-2) Weir/Gray
• January 28, 2024 City Council Meeting
— Update by CMO and request for City Attorney to revisit Council Pay
Options
Page 5 of 29
City of Bakersfield : History ,
•
• 1873: Officially incorporated
• 1876: Dis-incorporated (taxes not supporting services)
• 1898: Re-incorporated (22 years=citizen council)
• Nov. 1914: Citizens voted in favor of a Charter
• Jan. 1915: Charter of the COB ratified
• Charter: 12 Articles
Page 6 of 29
I
Charter vs General Law
•
• What is a Charter ?
— A written document which operates as the constitution for a city.
Basically represents the supreme law of the city subject only to
conflicting provisions in state or federal constitutions and matters of
statewide concern. Allows cities to makes an enforce all ordinances
(laws) relating to municipal affairs.
— Charter cities enjoy more autonomy than charter counties (counties
are political subdivisions of the state and have no general
reservation of local autonomy)
— What was once a matter of local concern may become a matter of
statewide concern
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,„t
Charter Amendments
. -
. •
• Amend the Charter the same way it was adopted :
- General Election (cost $$$)
✓ Can be proposed by City Council and then submitted to voters
OR
✓ Can be proposed by Petition signed by 15% of the registered
voters
■ Approved by Council (formality)
■ submitted to voters
Page 8 of 29
I
Charter Languager: . .�
• Section 18 (original) of City Charter states:
— "The salaries of the councilmen first elected under this charter shall
be Fifty Dollars per month. Thereafter the Council may, by ordinance
submitted to a referendum at any municipal election, change the
salary of members of the Council." (Emphasis added)
Allows a Councilmember salary amendment to either the BMC or the
Charter
Section 18 has never been successfully amended
Page 9 of 29
Councilmember Pay
• . : .
TOP TEN CITIES SALARIES
CITY MONTHLY
Los Angeles $19,265
San Diego $11 ,372
San Jose $11 ,858
San Francisco $13,362
Fresno $6,667
Sacramento $8,566
Long Beach $3,419
Oakland $8,632
Bakersfield $100
Anaheim $1 ,500
+ Benefits: $0 - $3,000 per ailiill�Igipading on 1 , 2, or Family plan
Councilmember Pay
. • -
SURVEY CITIES SALARIES
CITY MONTHLY
Riverside $3,448
San Bernardino $3, 125
Stockton $2,447
Fremont $2,428
Modesto* $2,000
Oxnard $1 ,701
Glendale $1 ,430
Santa Monica $1 ,385
Bakersfield $100
+ Benefits: $0 - $3,000 per month depending on 1 , 2, or Family plan
Page 11 of 29
at
KC Board of Supervisors Pay
. •
• Compensated a bi-weekly flat rate of $4,247. 14
• Total annual pay of $110,426
• Receive same non-salary fringe benefits as management
Page 12 of 29
,„t
Charter Amendments
... . . . . .
•
• •
• City Clerk:
— Since 1920, total of 173 different Charter amendments proposed
to voters
— Since 1947, 6 ballot measures proposed to voters specifically
related to Council pay
■ 1947 ■ 1974
■ 1954 ■ 1988
■ 1956 (Passed) ■ 1990
Page 13 of 29
History of Calling for increased
City Council Salaries
. •
.1111111111.
1947: "Shall the proposed amendment to the Charter of the City of
Bakersfield providing that Councilmen shall serve without
compensation be adopted?" FAILED
1954: "An ordinance of the City of Bakersfield fixing the salary of
Councilmen at $200 per month." FAILED
1956: "An ordinance of the City of Bakersfield fixing the salaries of
Councilmen at $100 per month and fixing a rate of $20 per day as a
member of the Board of Equalization." PASSED
Page 14 of 29
BMC Language
• Ordinance No. 1079 adopted by voters at 1956 special
election increased pay to $ 100
• Currently codified as Chapter 2 .68 of Bakersfield Municipal
Code titled "Councilmembers' Salaries"
Page 15 of 29
BMC Language
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• BMC section 2.68. 010. Monthly salary.
"The salary of councilmembers shall be one hundred dollars per month."
• BMC § 2 .68. 020. Daily salary for board of equalization and
budget meetings Number of days limited .
"Each councilman shall be paid twenty dollars per day while sitting as a
member of the board of equalization, not to exceed five days, and while
meeting to determine the annual budget of the city for the ensuing fiscal
year, not to exceed five days."
Page 16 of 29
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Charter Languager: . .�
. • • -
• Section 18 (now) of City Charter states:
— "The salaries of the councilmen first elected under this charter shall
be Fifty Dollars per month. Thereafter the Council may, by ordinance
submitted to a referendum at any municipal election, change the
salary of members of the Council."*
*Increased to $100. per month, see Section 2.68.010
Page 17 of 29
History of Calling for increased.
ity Council Salaries Cont. . -
•
1974: "Shall Section 18 of the Charter of the City of Bakersfield be
amended to provide that salaries of Councilmen shall be equal to
salaries of Councilmen in general law cities of comparable
population range?" FAILED
1976: "Shall Section 2. 12.010 of the Bakersfield Municipal Code be
amended to provide that the salary of Councilmen shall be $300 per
month?" FAILED
1988: "Should Section 18 of the Bakersfield City Charter be
amended to provide annual salary for Councilmembers in amount of
$6,000?" FAILED
Page 18 of 29
History of Calling for increased
City Council Salaries Cont.
. •
. •
1990: "Shall Section 2.68.010 of the Bakersfield Municipal Code be
amended to increase, for the first time since 1956, the salary of
Bakersfield City Councilmembers to $700 per month?" FAILED
*No measure proposed on ballot since 1990, which was also a
Special Election
Page 19 of 29
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New Law re : Council Pay r:
IA
• New law : SB 329 (June 2023) GC 36516
• Basically provides for general law cities (or charter cities
silent on the topic) to enact ordinances concerning city
council pay based upon population
• In cities over 250, 000 population , max $3200 per month OR
beyond as long as it doesn't exceed 5% from last salary
adjustment or an amount = to inflation since 1 /2024 based
on CPI which shall not exceed 10% in calendar year
• No ordinance shall provide automatic increases
Page 20 of 29
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Option 1r0 J
• Leave Charter and Code as is
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Option 2
„ . •
• Option 2 : Submit a Measure to the voters in November 2024
General Election that Repeals Charter Section 18 AND
BMC Section 2 .68. 010
➢ SAMPLE: Shall Section 18 of the Charter AND BMC section
2.68.010 be repealed in their entirety?
— Eliminates conflict with Charter language and BMC
— Practically: allows the new law to govern
Page 22 of 29
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Option 3
„ . •
• Option 3: Submit a Measure to the voters at November 2024
General Election which Amends BMC Section 2 .68.010 (and
add * * to the Charter)
➢ SAMPLE: "Shall the City of Bakersfield fix the pay of
Councilmembers at $ per month."
- Practically allows Council monthly salary to be higher than
$3200
Page 23 of 29
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Option 4
• Option 4: Wait until November 2026
— Get feedback from Community on pay issue
— Perhaps there becomes a grassroots effort favoring a particular path
and/or a petition seeking ballot language
Page 24 of 29
Timelines / Action Items
for November 2024 r --
. 6
Remaining Council Mtgs: Feb 28, March 13 & 27, April 10 & 24, May 8 & 22nd:
• Determine desired approach
o Repeal ordinance AND charter provision
o Amend ordinance AND charter provision
• Determine desired ordinance/charter language
o Base compensation $$ amount
o When take effect
• Determine ballot label language
o Question presented to the voters
Page 25 of 29
Timelines / Action Items
for November 2024 r --
4.111111111111...
June 12 / June 26 Council Meetings
• Resolution calling election for submission of a proposed measure (Option 2 or 3)
• Resolution setting priorities for filing written arguments and directing the City
Attorney to prepare an impartial analysis
• Resolution providing for rebuttal arguments
June / July — Public Examination Period, Impartial Analysis, Arguments / Rebuttals
Page 26 of 29
I
SummaryOptionsOf
IA
• Option 1 : Leave everything as is
• Option 2: Repeal Charter Section 18 AND Code by
by way of a Measure
• Option 3: Amend the Code by way of a Measure and
add a 2nd **
• Option 4: Wait until Nov. 2026 and get support from
Community
Page 27 of 29
2/12/24,9:19 AM Bill Text:CA SB329 12023-2024 I Regular Session I Chaptered I LegiScan
Rec'd & Placed on file at City
J1L CAN Council
:it i eeti - 3 3v PM
Agenda Item:act. r-ape7/s
Submitted by: el--}C
Bill Text: CA SB329 12023-2024 I Regular Session I Chaptered
California Senate Bill 329
Bill Title: Cities: city council members: compensation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-06-29 - Chaptered by Secretary of State. Chapter 27, Statutes of 2023. [SB329 Detail]
Download: California-2023-SB329-Chaptered.html
Senate Bill No.329
CHAPTER 27
An act to amend Section 36516 of the Government Code, relating to local government.
[ Approved by Governor June 29, 2023. Filed with Secretary of State June 29, 2023. 1
LEGISLATIVE COUNSEL'S DIGEST
SB 329, Dodd. Cities: city council members: compensation.
Existing law authorizes a city council to enact an ordinance to provide each member of the city council a salary based upon the
population of the city, as specified. Existing law authorizes that amount to be increased by the city council by an amount that does not
exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is
enacted. Existing law provides for the procedures by which a city may enact ordinances.
This bill would increase the maximum amount of salary, based upon the population of the city, that may be approved by an ordinance
passed by the city council, as specified. The bill would authorize the salary of council members to be increased beyond the specified
maximums to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment
of the salary in effect when the ordinance or amendment is enacted, or an amount equal to inflation since January 1, 2024, based upon
the California Consumer Price Index, which shall not exceed 10% for each calendar year. The bill would require the city council to
consider the adoption of an ordinance to increase council member compensation in open session during at least 2 regular meetings of
the city council.
Digest Key
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no
Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the following:
(a) The compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has
not kept pace with inflation.
(b) Allowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased
compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that
they can continue to serve the public and support their families.
SEC. 2. Section 36516 of the Government Code is amended to read:
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https://legiscan.com/CA/text/SB329/id/2832037 1/2
2/12/24,9:19AM Bill Text:CA SB329 12023-2024 I Regular Session I Chaptered I LegiScan
36516. (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on
the population of the city as set forth in paragraph (2).
(2)The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five
dollars ($1,275) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600)
per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars
($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars
($2,550) per month.
(F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a
subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an
amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect
when the ordinance or amendment is enacted.
(B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed
10 percent for each calendar year.
(5) No ordinance shall be enacted or amended to provide automatic future increases in salary.
(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for
services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it,
all of the council members shall receive the salary specified in the election call. The salary of council members may be increased
beyond the amount provided in this section or decreased below the amount in the same manner.
(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city
council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section,
compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on
which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of
compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board,
authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for
purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.
(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall
not be included for purposes of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation permitted by this section.
(g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open
session during at least two regular meetings of the city council.
(2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for
the increased compensation. The ordinance shall not be adopted at the first meeting.
(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the
ordinance.
it
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