1 CHARTER AMENDMENTS
City Council
July 12, 2022
Sue Gallagher, City Attorney
Charter Review Committee
Recommendations
Three ballot measures for November 2022:
Ballot measure to increase Council compensation, tying Mayor and Council member compensation to a percentage of Area Median Income (AMI)
Ballot measure to align the Charter with the City’s district-based election of Council members
Ballot measure to update and modernize the City Charter, including provisions to remove ambiguities, to provide
additional flexibility in City operations, and to ensure gender and citizenship neutrality.
2 I.
Ballot Measure to Increase
Council Compensation
3 Council Compensation
Council members currently receive $800 per month
salary, the Mayor $1200 per month
There has been no increase since 2005
Charter Review Committee heard of the substantial
workload of the Mayor and Council members and
recognized the difficulties of balancing private
employment, childcare, family and the significant
responsibilities of Council membership
4 Council Compensation
Committee found that increased compensation would:
Enable a greater diversity of Council membership
Ensure continued strong commitment and
professionalism
Reflect fairness and respect for the extensive and
important work performed by members of the
Council
5 Council Compensation
Recommendation:
Set Mayor’s salary at Area Median Income for a three- person household (currently $101,500)
Set Council members’ salary at 2/3 of Area Median
Income for a three-person household (currently $66,990) Permanently tie Mayor’s and Council members’ salaries to Area Median Income for a three-person household
Consider establishing a penalty or reduction in salary for unexcused absences, to parallel a city-wide salary
reduction or as otherwise determined by Council
6 Council Compensation
Options Considered by Council:
Adopt Committee’s recommendation
Propose single salary for both Mayor and Council
members, with salary to be set at 100% of AMI for three- person household
7 Council Compensation
Effective Date:
Options:
New salaries effective upon certification of vote
New salaries apply only upon election or reelection
Set date certain for implementation of new salaries for all Council members
8 2.
Ballot Measure to Align with
District-Based Election of
Council Members
9 District-based Elections
California Voting Rights Act prohibits at-large election of Council members, if a city experiences racially polarized voting
In 2018, an independent analysis of multiple prior City elections revealed racially polarized voting
In 2018, under threat of litigation, the Council adopted an ordinance to begin the transition to district-based elections 10 District-based Elections
Revise Charter Section 4 to provide:
District-based election of Council members
District boundaries established and updated by
Council ordinance in accordance with state and
federal law
Residency and voter registration requirements for
eligibility for office
11 3.
Ballot Measure to Provide for
Charter Update and Modernization
12 Frequency of Charter Amendments
Section 12: Charter Review
Current wording: the Charter “shall be reviewed in
the year 2002 and not less than every ten years
thereafter . . .”
Add: “Nothing in this section precludes additional
amendments placed on the ballot by voter initiative
or by Council ordinance at such other times as
deemed necessary.”
13 Responsibility for
Emergency Management
City Code currently designates the City Manager as the Director of Emergency Services
Charter creates some ambiguity
To avoid ambiguity, confirm responsibility of City
Manager and Public Safety for leadership in times of
emergency
Amendments to four sections: Section 15 (Mayor),
18 (City Manager), 21 (Police Chief), 22 (Fire Chief)
14 Flexibility for City Operations
Section 25: Board of Public Utilities
Clarify that BPU’s responsibility may, at Council’s
discretion, include stormwater and “dry” utilities,
including electricity, broadband and others
Section 28: Budget
Clarify that City Manager may propose a single year or multi-year budget, retaining all procedural provisions
15 Clarification of Ambiguities
Section 19: City Attorney
Clarify that required three years of California practice need not be immediately preceding appointment
Section 32: Council Member Recall
Clarify that a vacancy created by recall will be filled as any other vacancy, in accordance with Section 31
Section 37: Deputy Officials
Clarify that officers appointed by Council have the
power to appoint their own deputies without need for
confirmation by Council
16 Gender and Citizenship Neutrality
Recommendation by unanimous vote to revise Charter
to ensure gender neutral language throughout
Recommendation by unanimous vote to revise Charter
to substitute “resident” for “citizen” throughout
17 Questions?
18