Resolution 13019CITY OF ALAMEDA RESOLUTION NO. 13019
AMENDING RESOLUTION NO. 13018
CALLING A CONSOLIDATED SPECIAL MUNICIPAL ELECTION
IN THE CITY OF ALAMEDA ON NOVEMBER 3, 1998
FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS
A PROPOSAL TO AMEND THE CITY OF ALAMEDA CHARTER
PERTAINING TO THE POWERS OF THE PUBLIC UTILITIES' BOARD;
AND PROPOSING SAID CHARTER AMENDMENT
WHEREAS, the Council of the City of Alameda hereby proposes to submit to the voters
of said City an amendment of Article XII of the City Charter pertaining to the powers of the
Public Utilities Board to be voted upon at the Consolidated General Municipal Election to be
held on November 3, 1998;
WHEREAS, Resolution No. 13018 was approved by the City Council on July 7, 1998
and called the Consolidated Special Municipal Election to submit to the electors a proposal to
w amend the Charter pertaining to tire powers of the Public Utilities Board; and
WHEREAS, it is desired that the proposed amendment to Charter section 2 -4(B) be
changed.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCI
ALAMEDA THAT:
OFT
E CITY OF
Section 1. The Council of the City of Alameda hereby proposes on its own motion that
an amendment of the Alameda City Charter be submitted to the voters of said City at said
election to read as follows:
ARTICLE XII
PUBLIC UTILITIES BOARD
Sec. 12 -1. The Public Utilities Board shall have the power:
(A) To control and manage all public utilities owned by the City used for the purpose
of generating, distributing or selling ga. er electricity or for the purpose of furnishing
transportation..
(B) To control and manage any tit& City -owned public utility fitil te 0uirn,cat�ts
12*AWS:ffifirea the control and management of which shall have been delegated to the
Board by the Council or the People raF
(C) To contract for the a
purchase of e ee materials, and supplies,
subject to the provisions of Section 3 -15 and 3 -16 of this Charter except as otherwise in this
article expressly provided. In connection with such contracts, :the Board may exercise the
powers conferred upon the Council by said sections.
Sec. 12 -2. The Board shall also have the power, without reference to advertising or
competitive bidding:
(A) To contract for the l ; as purchase, for not to exceed r ee a ten years of gas,
electrical energy or such other public utility service or commodity necessary for the
operation of a public utility usmess en r(a a e under the control and management of
the Board.
(B) To advertise and publicize
control and management.
(C)
(D)
ess of any public utility V b si ei
To acquire full or joint use of poles, pipes, conduits v •ii
and to acquire by lease or purchase
property necessary for its purposes.
...
9C o:.
der its
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rights -of -way
name of the City real
I
aggregate exceed the sum of $15,000.00.
Sec. 12 -3. The Board shall also have the power:
(A) To sell obsolete or unnecessary personal property, subject to the consent of the Council on
all sales exceeding the sum of ; i` three thousand dollars.
To make any original construction of and any improvement to any utility under the control
and management of the Board, and to do and perform any work for the City or any board
thereof at cost; provided, however, if the Board shall elect to make any such original
construction of or improvement to any such utility by contract, then the same shall be
done subject to the provisions of Sections 3 -15 and 3 -16, the Board exercising the powers
conferred upon the Council in said sections.
To fix rates for the services of all utilities
management.
under its control
To establish and abolish positions of employment under its control and fix the
compensation and prescribe the duties thereof. No employee of the Board receiving
compensation from it shall be, or within one year preceding his employment have been, a
member of the Board.
(E)
To borrow, with the approval of the Council and not otherwise, monies for capital
investment. Money borrowed pursuant to this subsection shall provide that the same may
be repaid at any time and shall be repaid within thirty years from date thereof.
(F) To invest the reserves
States, of the State of California, or of
(A) Keep books and records for each utility under its control and management in the manner
prescribed by the California Railroad Commission or its successor in authority, and all
other fiscal records in the manner prescribed by the Auditor.
File with the Auditor and Council monthly and- reports setting forth the fmancial
(B)
accompanied by monthly and annual audits
Accountant referred to in Section 3 -7(C)
prepared by the a Certified Publ
c
(C) Maintain a storeroom and storeroom system, wherein a detailed record shall be kept of all
materials received and issued in a manner satisfactory to and subject to the audit of the
Accountant referred to in the next preceding subsection.
0))
Prepare and adopt an annual budget.
Sec. 12 -5. Neither the City nor the Board shall engage in any public utility business in
whichfrovisi o e" .' o 1 a oe ii I J S 1 G �thc City or
e consent of the` People pis expressed by a two-
thirds
Sec. 12 -6. The Board may retain from earnings of public utilities under its management
and control in each fiscal year after payment of bond interest and sinking fund requirements
and operating expenses exclusive of depreciation, a sum equal to ten percent of the
investment in Fixed Capital in Service of such utilities at the beginning of such fiscal year,
as a reserve for contingencies, replacements, renewals, additions and improvements;
provided, however, that when the amount of Working Capital (Current Accrued Assets less
Current Accrued Liabilities) at the end of such fiscal year shall be equivalent to or in excess
of twenty -five percent of the Fixed Capital in Service as of the same date if an amount equal
to five percent of Fixed Capital in Service at the beginning of the fiscal year were retained,
then and in such event the sum retained for the fiscal year shall be reduced to five percent
of the Fixed Capital in Service at the beginning of the fiscal year
All earnings of such utilities for the fiscal year in excess of said payments and
retainments shall be transferred by the Board to the General Fund of the City, unless the
Council prior to the end of the fiscal year shall authorize the Board to retain for said reserves
a larger percentage than above set forth. For the purpose of carrying out the provisions of
this section the Board prior to the first day of each fiscal year shall make an estimate of the
amount to be earned in the fiscal year in excess of said payments and retainments and said
excess amount as estimated shall be transferred to the General Fund of the City quarterly or
as mutually agreed upon between the Board and the Council. Any balance of such excess
amount for the fiscal year shall be transferred by the Board to the General Fund of the City
on or bcforc thc first day of August ncxt succccding thc end of said fiscal year iWit hi thirty
days aciptthennuai audit.
Section 2. The City Council hereby proposes to and does hereby on its own motion, pursuant
to the authorization provided by section 10201 of the Elections Code, submit the proposal to the
qualified electors of the City of Alameda in a special municipal election to be consolidated with and
voted upon at the November 3, 1998, statewide general election to be held on that date.
Section 3. The proposal shall be designated on the ballot as "Proposed Ballot Measure of
the City of Alameda" as follows:
MEASURE: Proposed Ballot Measure of the City of Alameda
Shall Article XII of the City Charter
be amended to make specific changes
in the manner in which the Public Utilities
Board may manage and operate utilities
under its control and to require majority
voter approval for the Public Utilities
Board to engage in any business which
does not involve providing electricity
or communications utility service?
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 and against
the measure which is being submitted to the voters of the City at this Consolidated General
Municipal Election.
Section 5. The City Clerk is hereby directed to transmit a copy of this resolution to the City
Attorney, who shall prepare an impartial analysis of the ballot measure.
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 for
inclusion in the November 3, 1998 Consolidated General Municipal Election ballot.
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 regular meeting assembled on
the 21st day of July 1998, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Lucas and
President Appezzato - 4.
NOES: None.
ABSENT: Councilmember Kerr - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 22nd day of July , 1998.
Diane Felsch, City Clerk
City of Alameda