Resolution 14372CITY OF ALAMEDA RESOLUTION NO. 14372
CALLING AN ELECTION IN THE CITY OF ALAMEDA FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORS AN INITIATIVE
CHARTER AMENDMENT ENTITLED "FIRE AND EMERGENCY
MEDICAL SERVICES MINIMUM PROTECTION"
WHEREAS, pursuant to the Charter of the City of Alameda and general law
an initiative petition has been filed with the Clerk of the City of Alameda, signed by
more than 15% of the voters of the city, to submit to the voters a proposed Charter
amendment entitled, "Fire and Emergency Medical Services Minimum Protection ";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ALAMEDA THAT:
Section 1. An initiative Charter amendment shall be submitted to the
voters at the November 8, 2011 election, to read as follows:
CITY OF ALAMEDA CITY CHARTER AMENDMENT
Article XXIX
Fire and Emergency Medical Services Minimum Protection
Section 29 -1. PURPOSE. The purpose of this Article is to establish minimum
levels of apparatus and staffing deployment for the provision of fire protection and
emergency medical services by the Alameda Fire Department in the City of
Alameda.
Section 29 -2. DEFINITIONS. For the purpose of this Article only, the following
terms shall be defined as set forth below:
A. " Fire Apparatus" shall mean a fire department emergency vehicle used for
rescue, fire suppression, or other specialized functions within the Alameda
Fire Department.
B. " Specialized Apparatus" shall mean an Alameda Fire Department emergency
vehicle that provides support services at emergency scenes, including
command vehicles, hazardous materials decontamination vehicles, Technical
Rescue vehicles, Fireboats or vehicles used to transfer equipment and
personnel.
C. "Ambulance" shall mean a vehicle capable of transporting one or more
patients to an appropriate medical receiving facility.
D. "Paramedic" shall mean sworn uniformed personnel licensed as a Paramedic
by the California Emergency Medical Services Authority or its replacement or
successor.
E. " Company' shall mean a group of sworn uniformed Alameda Fire
Department employees: (1) under the direct supervision of an officer; (2)
trained and equipped to perform tasks; (3) usually organized and identified
as fire engine companies, fire truck companies, paramedic ambulances, or
multi functional companies; (4) operating with one piece of fire apparatus (fire
engine, fire truck, paramedic ambulance) except for multiple apparatus that
are assigned to dispatch and arrive together, continuously operate together,
and are managed by a single company officer; and (5) arriving at the incident
scene on fire apparatus.
F. "Emergency Medical Care" shall mean the provision of treatment to patients,
including advanced life support (at the paramedic level), and other medical
procedures that occur prior to the arrival at a hospital or other health care
facility.
G. "Fire Protection" shall mean the methods of providing for fire control or fire
extinguishment.
H. "Fire Suppression" shall mean the activities involved in controlling and
extinguishing fires.
I. "Hazardous Materials" shall mean a substance that presents an unusual
danger to persons due to properties or toxicity, chemical reactivity, or
decomposition, corrosivity, explosion or detonation, etiological hazards, or
similar properties.
"Sworn Uniformed Personnel shall mean a person involved in performing
duties and responsibilities of a fire fighter or paramedic under the auspices of
the City of Alameda.
K. " Company Officer" shall mean a supervisor of a company of Alameda Fire
Department sworn uniformed personnel.
L. "Rescue" shall mean those activities directed at locating endangered persons
at an emergency incident, removing of those persons from danger, treating
the injured, and providing for transport to an appropriate health care facility.
M. "Special Operations" shall mean those emergency incidents to which the fire
department responds that requires specific and advanced training and
specialized tools and equipment.
N. "Staffing" shall mean a particularized number of Alameda Fire Department
sworn uniformed personnel required in a particular company or for the
purpose of operating a particular piece of apparatus.
O. "Supervisory Chief Officer" shall mean a sworn uniformed personnel on a 24
hour shift whose responsibility is to assume command through a formalized
transfer of command process and to allow company officers to directly
supervise personnel assigned to them.
P. " Alameda Fire Department" shall mean the public organization within the City
of Alameda providing rescue, fire suppression, emergency medical services,
and related activities to the public.
Section 29 -3. IMPOSITION OF MINIMAL STANDARDS FOR DEPLOYMENT OF
ALAMEDA FIRE DEPARTMENT APPARATUS AND PERSONNEL. There is
hereby imposed a minimum standard for deployment of Alameda Fire Department
apparatus and personnel as follows:
A. Apparatus:
The City Council and the Fire Department of the City of Alameda shall
take all necessary actions to provide for the daily deployment of five (5)
fire engine companies, two (2) fire truck companies, and three (3)
paramedic ambulances within the City of Alameda for the purpose of
providing adequate fire apparatus and specialized apparatus for fire
protection, fire suppression, emergency medical care, rescue, and special
operations within the City of Alameda.
B. Personnel:
All fire engine companies shall be staffed with a minimum of three (3) on-
duty sworn uniformed personnel. Each fire engine company shall be led
by a company officer who shall be considered a part of the fire engine
company. Each fire engine company shall have a minimum of one (1)
paramedic who shall be considered part of the company.
All fire truck companies shall be staffed with a minimum of three (3) on-
duty sworn uniformed personnel. Each fire truck shall be led by a
company officer who shall be considered part of the company.
All paramedic ambulances shall be staffed with two on -duty sworn
uniformed personnel, one (1) of whom shall be a paramedic.
One supervisory chief officer shall be on duty daily.
Section 29 -4. SUPERSESSION. The provisions set forth in this Article shall
supersede all general and /or specific provisions that may be contained elsewhere in
this Charter. The provisions set forth in this Article shall also supersede any and all
general and /or specific provisions in any ordinance, resolution, rule or regulation
that may have been adopted or that may be adopted by the City Council or by
administrative action.
Section 29 -5. SAVINGS CLAUSE. If any provision, sentence, clause, section,
paragraph or part of this Article is found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality, or invalidity shall affect only such provision,
sentence, clause, section or part of this Article. It is hereby declared to be the
intention of the City of Alameda, that this Article would have been adopted had such
unconstitutional, illegal, or invalid provision, sentence, clause, sections or parts
therefore not been included herein.
Section 2. The City Council hereby proposes to and does hereby on its
own motion, pursuant to the authorization provided by Section 9255(a)(3) and
Section 10201 of the Elections Code, submit the proposal set forth below to the
qualified electors of the City of Alameda in an election to be held November 8,
2011.
Section 3. The proposal shall be designated on the ballot as "Proposed
Initiative Measure of the City of Alameda" and the aforementioned statement of the
measure shall read as follows:
MEASURE: Proposed Initiative Measure of the City of Alameda
Shall the Charter of the City of Alameda be
amended to add a new Article 29 to require the
City Council to fund a minimum number of
firefighters, paramedics, and supervisors and
minimum equipment levels for fire and
emergency medical services in every fiscal year
unless and until the voters of the City amend that
Article? .
YES
NO
Section 4. The City Council adopts the provisions of subdivision (a) of
section 9285 of the Elections Code to permit rebuttal arguments, if arguments have
been filed in favor of or against the measure that is being submitted to the voters of
the City.
Section 5. Pursuant to California Elections Code Section 9280, the City
Council hereby directs the City Clerk to transmit a copy of the measure to the City
Attorney. The City Attorney shall prepare an impartial analysis of the measure, not
to exceed 500 words in length, showing the effect of the measure on the existing
law and the operation of the measure, and transmit such impartial analysis to the
City Clerk in a time reasonably necessary to prepare and print the analysis.
Section 6. The City Clerk is hereby directed to file a certified copy of this
resolution with the Alameda County Clerk of the Board of Supervisors and the
County Registrar of Voters in sufficient time so that the measure may be included in
the November 8, 2011 Election ballot.
Section 7. Notice of the time and place of the election on this proposed
charter amendment is hereby given, and the City Clerk is authorized, instructed and
directed to give further or additional notice of the election, in time, form and manner
as required by law.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in special joint
meeting of the City Council, Alameda Reuse and Redevelopment Authority and
Community Improvement Commission assembled on the 3rd day of August, 2009,
by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese and
Mayor Johnson — 4.
NOES: Councilmember Tam —
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of the said City this 4th day of August, 2009.
Lara Weisiger, City
City of Alameda