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TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Travis Sais, Deputy City Manager
SUBJECT: Consideration and possible action to waive further reading and adopt Ordinance No. 1436 - An Ordinance amending Section 2.16.010 of the Bellflower Municipal Code to provide a salary adjustment for Members of the City Council following the next General Municipal Election.
DATE: September 23, 2024
EXECUTIVE SUMMARY
Ordinance No. 1436 was introduced on September 9, 2024. Second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days.
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council consider the following:
1) Waive further reading and adopt Ordinance No. 1436; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
If approved, the proposed adjustment will increase each City Council member's salary by $113.15 per month, from $1,616.46 to $1,729.61, effective as of the date Council Members begin a new term of office following the November 2024 election. This change reflects a 7% salary increase for City Council Members.
ATTACHMENTS
Ordinance No. 1436……………………………………………………………..…………………2
September 9, 2024, Staff Report (without attachment) ……………..…………………………4
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CITY OF BELLFLOWER
ORDINANCE NO. 1436
AN ORDINANCE AMENDING § 2.16.010 OF THE
BELLFLOWER MUNICIPAL CODE TO PROVIDE A SALARY
ADJUSTMENT FOR MEMBERS OF THE CITY COUNCIL
FOLLOWING THE NEXT GENERAL MUNICIPAL ELECTION;
AND SUPERSEDING ORDINANCE NO. 1414
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds as follows:
A. Government Code § 36516(a) establishes a salary for city councils initially based on city population, but adjustable thereafter by increases not to exceed an amount equal to 5% for ea ch calendar year from the operative date of the last city council salary adjustment.
B. The City Council last adjusted its salary to the sum of $1,616.46 per month by Ordinance No. 1414, which was adopted in June 2022 and took effect after the general election in November 2022.
C. The City Council desires to and adjust its salary to a new amount to be effective after the next election in November 2024 as permitted by law.
SECTION 2. Bellflower Municipal Code (“BMC”) § 2.16.010 is amended to read as follows:
“Section 2.16.010 Council Members.
A. Expense Reimbursement. A Council Member may be reimbursed for the Council Member’s actual and necessary expenses incurred in the performance of official duty pursuant to a policy adopted by City Council resolution.
B. Compensation. On such date as one or more members of the City Council begin a new term of office following the November 2024 General Election, each member of the City Council will receive as salary the sum of $1,729.61 per month.”
SECTION 3. Construction. This Ordinance must be broadly construed to achieve the purposes stated in the Ordinance. It is the City Council’s intent that the provisions of this Ordinance are interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
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City of Bellflower
Ordinance No. 1436
SECTION 4. Enforceability. Repeal of any provision of the Bellflower Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 5. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
SECTION 6. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the BMC or other regulation by this Ordinance will be rendered void and cause such BMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 7. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 9. Effective Date. This Ordinance will become effective on the 31 st day following its passage and adoption.
ORDINANCE NO. 1436 HAD ITS FIRST READING ON SEPTEMBER 9, 2024, ITS SECOND READING ON SEPTEMBER 23, 2024, AND WAS DULY PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OFSEPTEMBER 23, 2024.
________________________________
ATTEST: Dan Koops, Mayor
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
______________________________
Karl H. Berger, City Attorney
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TO: Honorable Mayor and Members of the City Council
FROM: Ryan Smoot, City Manager
SUBJECT: Consideration and possible action to read by title only, waive further reading, and introduce Ordinance No. 1436 – An Ordinance amending Section 2.16.010 of the Bellflower Municipal Code to provide a salary adjustment for Members of the City Council following the next General Municipal Election.
DATE: September 9, 2024
EXECUTIVE SUMMARY
If the proposed Ordinance takes effect, it would supersede Ordinance No. 1414 with a new Ordinance, establishing a monthly salary increase of $113.15 for City Council Members. This increase would become effective after the November 2024 General Municipal Election.
RECOMMENDATION TO CITY COUNCIL
1) Read by title only, waive further reading, and introduce Ordinance No. 1436; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
If approved, the proposed adjustment will increase each City Council member's salary by $113.15 per month, from $1,616.46 to $1,729.61, effective as of the date Council Members begin a new term of office following the November, 2024 election. This change reflects a 7% salary increase for City Council Members.
BACKGROUND
On June 29, 2023, Governor Newsom signed into law Senate Bill 329 (“SB 329”) which increased the maximum salary that council members may receive. This legislation was intended to increase the compensation schedule for council members in general law cities, which had not been adjusted since 1984. SB 329 allows cities to increase the compensation to adjust for inflation to help keep city councils more diverse by allowing people from across different income levels to serve the public and support their families.
Previously, Government Code § 36516 authorized a city council to enact an ordinance to provide each member of the city council a salary, with a maximum limit based upon the population of the city in accordance with a specific schedule. Any increases in salary were also limited and could 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 was enacted.
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Staff Report – City Council Salary Adjustment
September 9, 2024
BACKGROUND – Continued
SB 329 amended Government Code § 36516 to increase the maximum salary amount identified in the schedule. SB 329 also authorized the salary of council members to be increased beyond the specified maximum 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 or an amount equal to inflation since January 1, 2024, based on the California Consumer Price Index (not to exceed 10% per calendar year). No ordinance can be enacted or amended to provide automatic future increases in salary .
SB 329 requires that an ordinance to increase council member compensation be considered in an open session with at least two regular meetings. The ordinance must include findings demonstrating the need for the increased compensation and there must be a least seven days between the introduction and adoption of the ordinance.
SB 329 went into effect on January 1, 2024. However, it is important to note that pursuant to Government Code § 36516.5, any council salary increase may take effect only when at least one member of the council commences a new term.
DISCUSSION
The salary for members of the City Council is established by Ordinance in Bellflower Municipal Code § 2.16.010(B). In June 2022, the City Council voted to increase its salary to $1,616.46 per month, which took effect after the November 2022 General Municipal Election. The salary is exclusive of any reimbursement for actual and necessary expenses incurred in the performance of official duties or benefits approved by the City Council in accordance with the provisions of law.
In accordance with California law, cities with populations between 75,000 and 150,000 may increase their City Council salaries to a maximum of $1,900 per month. According to SB 329, the population of a city is determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance. Bellflower’s population from the 2020 federal census was recorded as 79,190. Furthermore, the salary of Council Members may be increased beyond the amount provided in SB 329 by an ordinance or by an amendment to an ordinance, but the amount of the increase cannot exceed the greater of either of the following:
• 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.
• 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.
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Staff Report – City Council Salary Adjustment
September 9, 2024
DISCUSSION – Continued
The proposed 7% increase aligns with the approximate salary adjustments granted to City employees over fiscal years 2023-2024 and 2024-2025. If the Council wishes to consider a different salary adjustment, sample rates are provided below:
Percentage
Increase Monthly Rate Monthly
Increase
Current $ 1,616.46 $ -
5% $ 1,697.28 $ 80.82
7% $ 1,729.61 $ 113.15
10% $ 1,778.11 $ 161.65
ATTACHMENT:
Ordinance No. 1436 ........................................................................................................ 3
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