Title
Adoption of Resolution Calling for the Holding of a Consolidated Municipal Election in the City of Alameda on Tuesday, November 8, 2022 Submitting a Proposed Charter Amendment to Revise the Salary of Mayor and City Councilmembers, Establishing the Policies and Procedures for Such an Election, Requesting that the County of Alameda Conduct Such an Election and Authorizing City Councilmembers to File Written Arguments For or Against the Measure. (City Clerk 10022022)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City Council will consider adoption of a resolution authorizing submittal of a ballot measure to the voters on November 8, 2022. The resolution also authorizes the City Council, or members thereof, to submit arguments concerning the measure.
BACKGROUND
In 2020 Councilmembers Daysog and Knox White served as a subcommittee to review potential Charter amendments. One proposal addressed an increase in City Council compensation. On June 2, 2020, the City Council approved having the matter return to place the measure on the November 8, 2022 ballot.
DISCUSSION
The recommendation from 2020 was to have the City Council salary be determined by the City Council in an amount not to exceed 30% of the salary for “All Occupations, United States Bureau of Labor Statistics, Occupational Employment and Wage Statistics, San Francisco-Oakland-Hayward CA Area.” To provide perspective, the median salary for “All Occupations, United States Bureau of Labor Statistics, Occupational Employment and Wage Statistics, San Francisco-Oakland-Hayward CA Area” in 2021 was $86,590 (30% = $25,977). Since Charter Section 22-9 prohibits the Mayor and Councilmembers from increasing their compensation during their current term of office, the increase does not go into effect until January 2025, but the City Council could adopt a resolution setting the salary prior to January 2025.
Election Code Section 1415 establishes when Charter proposals can be submitted to the voters. Measures regarding compensation are restricted to November of even numbered years. August 12, 2022 is the last day a measure can be submitted to the County for the November 8, 2022 election. The last regular meeting when City Council could adopt a resolution placing the measure on the ballot is July 19, 2022. If additional time is needed to address the measure, options include calling a special meeting or adding a regular meeting.
The proposed ballot question and ballot measure language for the measure is being presented to City Council for approval to be submitted to the voters. The ballot question, limited to 75 words, is:
City of Alameda Charter Amendment. Shall the measure amending the City Charter to revise the salary the Mayor and City Councilmembers receive, by capping the salary at an amount not to exceed 30% of the salary for “All Occupations, U.S. Bureau of Labor Statistics, Occupational Employment and Wage Statistics, San Francisco-Oakland-Hayward Area,” be adopted?
If the measure receives a majority vote of those voting on the measure, Charter Sections 2-.1.1 and 2-4 will be amended as follows:
Sec. 2-1.1. Notwithstanding any other provision of this Charter to the contrary, the matters contained in this Section shall be controlling as to the office of the Mayor. Commencing April 20, 1971, and thereafter, the Mayor shall be an elective officer of the City of Alameda (City), and shall hold office for a term of four years and until their successor is elected or appointed and qualified, unless sooner removed from office pursuant to Article XX of this Charter or otherwise. The method of nomination and election of the Mayor shall be as provided in this Charter for the nomination and election of other elective officers of the City. The office of Mayor shall be a separate office and be arranged on a ballot in a separate column and shall be first in order of arrangement. Eligibility for office of Mayor shall consist of the qualifications set forth in this Charter for other elective officers. The provisions of this Charter which provide for the manner of selecting a candidate to fill office in the event of a tie vote shall apply to the office of Mayor. A vacancy in the office of Mayor shall be filled in the manner set forth in Section 2-7 of this Charter. The Mayor shall receive a monthly compensation an annual salary not to exceed 30% of the salary for “All Occupations, United States Bureau of Labor Statistics, Occupational Employment and Wage Statistics, San Francisco-Oakland-Hayward Area,” of Two Hundred Dollars ($200.00), payable at the time and in the manner as fixed by the Council resolution, and shall be in addition to that provided in Sections 2-4 and 6-4. The intent of this section is hereby declared to be only to make the Mayor an elective officer of the City and to provide the compensation therefor, as set forth herein. Except to the extent they are inconsistent with the provisions of this section, other provisions of this Charter relating to the Mayor shall apply to the Mayor provided for by this section.
Sec. 2-4. The salary attached to the following offices shall be fixed by the City Council: Auditor, Treasurer, City Manager, City Attorney, and City Clerk. Each Councilmember shall receive an annual salary not to exceed 30% of the salary for “All Occupations, United States Bureau of Labor Statistics, Occupational Employment and Wage Statistics, San Francisco-Oakland-Hayward Area,” payable at the time and in the manner as fixed by City Council resolution $50.00 for each meeting of the Council which he shall attend; provided, that no Councilmember shall receive such fees for more than two meetings in any one calendar month.
Section 22-9 would be amended as follows: Commencing on January 1, 2023, the City Council may, by resolution, set the salaries of the Mayor and Councilmembers consistent with Sections 2-1.1 and 2-4. Any such salary established by resolution, shall not go into effect before January 2025. If no such resolution is effective, the salaries of the Mayor and Councilmembers shall be those established as of November 1, 2022. The compensation of elective officers of the City shall not be increased or decreased during their respective terms of office. This section shall not prohibit the increase or decrease of compensation of assistants or deputies.
Any action taken by the City Council this evening to advance this measure to the November ballot is not a vote to support or oppose the measure. While the City Council has the right to take a formal position on this measure if it chooses, tonight’s action is simply whether to advance the measure forward so Alameda voters have the opportunity to consider it and decide.
Ballot Arguments and Impartial Analysis
In addition, the resolution authorizes the City Council to submit arguments and rebuttals concerning the measure. Arguments and rebuttals shall be submitted in accordance with Elections Code Sections 9280-9287. The City Clerk, as the City Elections Official, has set the deadline for submitting direct arguments as 5:00 p.m. on Monday, July 25, 2022 and rebuttals are due 5 p.m. on Wednesday, August 3, 2022.
If the City Council elects to prepare ballot arguments, the options are: 1) draft an argument as a whole body in open session and decide signers at that time; 2) authorize no more than two Councilmembers to meet as subcommittee of the City Council to draft an argument and have the entire City Council sign; 3) authorize no more than two Councilmembers to draft an argument and decide the combination of Councilmembers and/or other signers; or 4) authorize no more than two Councilmembers to draft and sign an argument and have up to three/four other signers. The City Council could also elect not to draft an argument.
The resolution also directs the preparation of an impartial analysis of the effects of the measure. The impartial analysis is due 5 p.m. on Wednesday, August 3, 2022.
ALTERNATIVES
• Adopt the resolution placing the measure on the November 8, 2022 ballot amending the Charter sections as described in this agenda report.
• Amend and adopt the resolution placing the measure on the November 8, 2022 ballot.
• Direct staff to return to City Council with revised City Charter amendment language.
• Do not adopt the resolution placing the City Charter amendment on the November 8, 2022 ballot.
• City Council also has alternatives related to drafting the argument, which are outlined above.
FINANCIAL IMPACT
Since the City will have an election in November 2022, there would be an additional cost of approximately $30,000 to place the measure on the ballot. The salary increase will not be implemented until January 2025 and would be incorporated into the budget at that time. Using the 2021 salary data, the annual cost would be approximately $130,000.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The City Charter is the policy document governing the City. Any amendments must be approved by the voters.
ENVIRONMENTAL REVIEW
Adoption of the attached resolution placing the measure on the ballot is not subject to environmental review under the California Environmental Quality Act (CEQA). Amending the Charter to revise Council compensation is exempt from CEQA pursuant to CEQA Guidelines Section 15378 as it does not constitute a project within the meaning of CEQA because it does not have a potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. As a separate and independent basis, this action is also exempt under CEQA Guidelines Section 15061(b)(3) (no significant environmental impact).
CLIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Adopt a resolution calling for the holding of a consolidated municipal election in the City of Alameda on Tuesday, November 8, 2022, for the submission of a proposed charter amendment to revise the salary of Mayor and City Councilmembers, and authorizing City Councilmembers to file written arguments for or against the measure.
Respectfully submitted,
Lara Weisiger, City Clerk
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
cc: Dirk Brazil, Interim City Manager