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1986-08-11 Special CC Minutes193 SPECIAL COUNCIL MEETING OF THE CITY COUNCIL HELD MONDAY - - - - - - - - AUGUST 11, 1986 The meeting convened at 12:00 Noon, with President Diament presiding. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None 86 -486 Resolution No. 10990 "Ratifying and Readopting City of Alameda Resolution No. 10988, 'Stating and requesting consolidation of a Special Municipal Election to be held Tuesday, November 4, 1986, with the General Election of the State of California to be held on Tuesday, November 4, 1986." President Diament announced that she had watched the video tape of the Council meeting of Thursday, August 7, 1986, and therefore heard the testimony offered that evening. Fred Scullin, 1120 Chestnut, stated he has not heard any reason given why the issue is being brought up at this time. William Osborn, 1209 Rosewood Way, said he admired Council and their dedication to the City, but he would suggest that in April Chuck Corica run for Mayor and the others on Council oppose him as a body on the grounds that they feel no one should have more than two terms in a lifetime, and that would save the public the cost of the special election. Bill Kane, 2615 Bayview Drive, asked if under these Measures, a Councilmember in his or her first term must resign to run for Mayor. The City Attorney responded the term must expire because the idea was to prevent the term from being vacated and therefore being filled by appointment rather than election. Joseph M. Sullivan, 3221 Liberty Avenue, urged the City Council to reconsider its resolution, rescind their action, act on it at a future meeting of the City Council, and then submit the issues to the electorate at a regular City election next April. Amey Stone, 1623 High Street, stated she believes Council to be well- intended in Measure B (Measure G) because it would permit the citizens of Alameda to elect persons to Council rather than an appointment be made, but that she requests Council reconsider and take time on language on both Measures, stating that the original Charter Amendment was ambiguous but feels the current Measures will need clarification also. Barbara Thomas, 1118 Paru, stated the proposed Charter Amendments are unclear and that very little time was taken to draft them. 194 Councilmember Monsef asked the City Attorney to respond to Mrs. Stone's statement regarding confusion in the language._ The City Attorney noted that what is on the ballot is only a summary of what becomes part of the Charter, and then read proposed Sections 2 -16 and 2 -17 as the actual wording that would become the law. Councilmember Corica reviewed the Council action in proposing and drafting the measures, stated the clarification was in the voter pamphlet of 1976, and read the ballot measure and pamphlet notations of 1976 regarding the two -term limit. Councilmember Lucas stated the issue is whether or not people want career politicians. She added that she believed Mr. Kirkland raised a legitimate question and that the people would have an opportunity to vote on it. President Diament made a statement as follows: That charges have been made that there is a vendetta against Councilmember Corica; that it is true that he is the first one who has announced for a third term (since the 1976 Charter Amendment), therefore his candidacy is the one that will determine the outcome of the proposed Charter Amendment; that there has been a lot of discussion about the swiftness of movement and the deadline, but what was noted, upon question to the City Clerk at the Council meeting of August 5, 1986, was that, to qualify for the ballot, the issue would have to meet a deadline of Friday, August 8. She added that the Councilmembers who have brought it up and passed it have very legitimate concerns, but because of so much response from the public against this, she would be voting against the measure. Councilmember Hanna moved adoption of the resolution. Councilmember Lucas seconded the motion and it was carried by the following roll call vote: Ayes: Councilmembers Hanna, Lucas, and Monsef - 3. Noes: Councilmembers Corica and President Diament - 2. Absent: None. 86 -487 Resolution No. 10991 "Ratifying and Readopting City of Alameda Resolution No. 10989, 'Proposing amendments to the Charter of the City of Alameda upon motion of the City Council; calling a Special Municipal Election in the City of Alameda for the purpose of submitting to the Electors thereof proposals to amend said Charter, viz: (1) By adding Section 2 -16 thereto providing for a two -term limit for elected officials; and (2) By adding Section 2 -17 thereto requiring Councilmembers to serve a full term before running for Mayor; fixing date of said Election, manner of holding same, and providing for Notice thereof; and consolidating said Special Municipal Charter Amendment Election with the General Election of the State of California to be held on November 4, 1986.'" 195 Bill Kane, 2615 Bayview Drive, commented that with the short period of time and the complications involved, he would like to see the Councilmembers turn this down not necessarily on the merits but the confusion that surrounds it. Barbara Thomas, 1118 Paru, said Councilmember Corica was a volunteer career politician, not getting rich off the City, that state and federal career politicians receive money from their careers, and asked the Council to reconsider the matter. Joseph Sullivan, 3221 Liberty Avenue, asked that the Council reconsider the matter at a future meeting. Fred Scullin, 1120 Chestnut, stated he believed Joe Camicia should present his opinion. Beverly Holmdahl, 3329 Constance Circle, stated she believes no person should be told they cannot run for office. Diane Coler -Dark, 2857 Jackson Street, questioned the constitutionality of proposed Charter Amendment Section 2 -17. The City Attorney responded that, as an example, the State of Georgia has a provision which says that a judge, or clerk or person who holds a state or federal office, cannot run for the State Legislature of Georgia, and the United States Supreme Court ruled that was permissable. Joe Camicia, 1730 San Jose Avenue, commented that he believed putting the matters on the ballot is wrong. Councilmember Corica stated that it is not necessary to place this matter on the ballot in November, that many people have spoken against putting it on, and suggested that someone on the prevailing side make a motion to rescind the action and have this matter set aside. Dr. Alice Challen, 2601 La Jolla Drive, asked why Councilmember Corica could not go ahead since he applied under the 1976 ruling. President Diament responded that he has announced but not applied; that he cannot apply until January. Councilmember Hanna moved adoption of the resolution. The City Attorney stated the only purpose of Section 2 -17 is to prevent a vacancy that must be filled by appointment; that he would like to request the County Registrar to allow a change of wording for the Effect portion; that although it is correct as it stands, it is not as precise as it could be and he would like, following the words "Would prevent a Councilmember from running for Mayor," to add "if his or her election to Mayor would vacate his or her Council seat." 196 Councilmember Hanna agreed to the change, if possible, to be included in his motion. The City Attorney stated that it should be noted for the record that the County will renumber the measures in accordance with the measures on the ballot, therefore Measure A will be Measure F and Measure B will be Measure G on the ballot. Councilmember Lucas seconded the motion and it was carried by the following roll call vote: Ayes: Councilmembers Hanna, Lucas, and Monsef - 3. Noes: Councilmember Corica and President Diament - 2. Absent: None. ADJOURNMENT President Diament adjourned the meeting at 12:55. Respectfully submitted, Dine Felsch City Clerk