Resolution 15673CITY OF ALAMEDA RESOLUTION NO. 15673
CALLING FOR THE HOLDING OF A CONSOLIDATED MUNICIPAL
ELECTION IN THE CITY OF ALAMEDA ON TUESDAY, NOVEMBER
3, 2020, FOR THE SUBMISSION OF A PROPOSED CHARTER
AMENDMENT TO CLARIFY THE PROHIBITION AGAINST
MEMBERS OF COUNCIL INTERFERING WITH DUTIES OF THE
CITY MANAGER AND OTHER EXECUTIVE CITY OFFICIALS,
AUTHORIZE THE CITY ATTORNEY TO PROSECUTE STATE LAW
MISDEMEANORS, AND AMEND OUTDATED PROVISIONS,
INCLUDING UTILIZING GENDER NEUTRAL LANGUAGE, AND
AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN
ARGUMENTS FOR OR AGAINST THE MEASURE
WHEREAS, consistent with the City of Alameda's longstanding operations under
a Council-Manager form of government, clearer separation of administrative versus
Council functions will contribute towards a better functioning local government; and
WHEREAS, authorizing the City Attorney to prosecute state law misdemeanors
creates greater local control and accountability; and
WHEREAS, use of gender neutral pronouns contributes to a more inclusive and
welcoming society; and
WHEREAS, certain other provisions of the City Charter are outdated and no
longer conform to modern practices; and
WHEREAS, pursuant to authority provided by the California Constitution, Article
XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450)
and the Elections Code, Division 9, Chapter 3, Article 3 (commencing at § 9255) of the
State of California, the City Council of the City of Alameda desires to submit to the
voters proposed charter amendments relating to Council interference with the powers
and duties of the City Manager, the prosecutorial duties of the City Attorney, and
amendment of outdated sections, including use of gender neutral pronouns.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ALAMEDA THAT:
Section 1. That pursuant to the California Constitution, Article XI and the Government
Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Elections Code,
Division 9, Chapter 3, Article 3 (commencing at § 9255) of the State of California, there
is called and ordered to be held in the City of Alameda, California, on Tuesday,
November 3, 2020, a Consolidated Municipal Election for the purpose of submitting the
following proposed charter amendment, which shall be designated on the ballot as
"Proposed Ballot Me~sure of the City of Alameda" and the aforementioned statement of
the measure shall read as follows:
MEASURE: Proposed Ballot Measure of the City of Alameda
Shall the measure amending the City Charter to clarify YES
the prohibition against members of the City Council
interfering with City Manager's duties, authorize the
City Attorney to prosecute State law misdemeanors,
and amend outdated provisions, including utilizing
gender neutral language, be adopted? Such t-----------1
amendments will be accomplished by amending NO
Charter Sections 2-9, 2-16, 7-3, 8-2, 1 0-2, 1 0-3, 10-4,
10-4.1, and deleting Sections 2-15, 22-7, 22-8, as set
forth in City Council Resolution No. 15673.
Section 2. That the text of the charter amendments submitted to the voters is as
follows:
CITY OF ALAMEDA CITY CHARTER AMENDMENTS
Section 7-3 would be amended as follows: Except for the purpose of inquiry. the City
Council and its members. including the Mayor. shall deal with the administrative service
under the City Manager and other appointed or elected officers solely through the City
Manager or such other officer. Neither the City Council nor any member. including the
Mayor. shall give orders to any subordinates under the jurisdiction of the City Manager
or such other officers. either publicly or privately, nor shall they attempt to coerce or
interfere. directly or indirectly, with the City Manager or such other officers. in respect to
any contract. purchase of materials. or any other administrative action. nor shall they in
any manner. directly or indirectly, direct. request or take part in the appointment.
discipline. or removal of any employee by the City Manager or other such officers, or
their subordinates. The City Council may further implement this section by ordinance.
resolution. or rules of conduct. Violation of any provision of this section by a member of
the Council. including the Mayor. shall be prosecuted as prescribed by State law.
conviction of which shall immediately forfeit the office of the convicted member. Neither
the Council nor any of the members thereof shall interfere 'Nith the execution by tho City
Manager of his or her po,.vers and duties. Except for purposes of inquiry, tho Council
and its members shall deal 'Nith that portion of the administrative service for vJhich tho
City Manager is responsible solely through him or her. An attempt by a Councilmomber
to influence the City Manager in the making of any appointment or tho purchase of any
materials or supplies shall subject such Councilmombor to removal from office for
malfeasance.
Section 8-2 would be amended as follows: The City Attorney shall have the authority
and discretion to prosecute all violations of the ordinances of the City, and all
misdemeanor offenses arising out of the laws of the State of California. The City
AttorneyHe shall, subject to the general direction of the Council, board or elective officer
having jurisdiction of the matter, prosecute and defend for the City, and all boards,
officers and employees in their official capacity all proceedings before judicial or quasi-
judicial tribunals. The City AttorneyHe shall not compromise, settle or dismiss any
action for or against the City without permission of the Council. The City AttorneyHe
shall not commence any action without permission of the Council or written instruction
of the City Manager. The City AttorneyHe shall be the legal advisor of and attorney and
counsel for the City and for all officers and boards thereof, in all matters relating to their
official duties, and whenever requested in writing by any of them, the City AttorneyR8
shall give his or her legal advice in writing.
Section 2-9 would be amended as follows: If any elected or Council-appointed officer of
the City who shall remove from the City or absent himself or herself therefrom for more
than thirty days consecutively 'Nithout the permission of the Council, or shall fail to
qualify by taking the oath of office within fifteen days from the time his or her certificate
of election or appointment is mailed or delivered to him or her, or shall resign, or be
convicted of a felony, or be adjudged insane, his or her office shall be vacant.
Section 2-15 would be deleted in its entirety in that those changes have been
implemented: Repealed. /\11 references to Councilman here in shall be changed to
Couneilmember.
Section 2-16 would be amended as follows: In order to use gender neutral personal
pronouns. aAII references to "he" shall be changed to "they" and "his" shall be ohanged
te "his or her" shall be changed to "their".-aAd all references to "him" shall be changed to
"him or her" shall be changed to "them" I aAEI-all references to "himself" shall be changed
te "himself or herself' shall be changed to "themselves" I and all the references shall
indicate a singular individual unless the context indicates to the contrary.
Section 10-2 would be amended as follows: Each of said Boards, except the Public
Utilities Board, Social Service Human Relations Board and the City Planning Board
shall consist of five members. Upon nomination of the Mayor, the Council shall appoint,
bet'Neen May 1 and July 1 of each year, one member of each such Board for a term
commencing the first day of July following such appointment and continuing for four
years, and thereafter until the successor of such member is appointed and qualified.
Section 10-3 would be amended as follows: The Public Utilities Board shall consist of
five members, one of whom shall be the City Manager, who shall have full power of
participating and voting. Upon nomination of the Mayor, the Council shall appoint,
between May 1 and July 1 of cash year, one member of such Board for a term
commencing the first day of July following such appointment and continuing for four
years and thereafter until tho successor of such member is appointed and qualified.
Section 10-4 would be amended as to/lows: The Social Service Human Relations
Board shall consist of seven members. Upon nomination of the Mayor, the Council shall
appoint, bet\veen May 1 and July 1 of each year, at least two members of such Board
for terms commencing on the first day of July following such appointment and
continuing for four years and thereafter until the successor of such member is appointed
and qualified.
Section 10-4. 1 would be amended as follows: The City Planning Board shall consist of
seven members. Upon nomination of the Mayor, the Council shall appoint, between
May 1 and July 1 of eaeh year, such members as are necessary to maintain a full
board, for terms commencing on the first day of July following such appointment and
continuing for four years and thereafter until the successor of such member is appointed
and qualified; provided, however, that nor more than two terms shall expire in any year
other than by resignation of a member.
Section 22-7 would be deleted in its entirety in that these matters are handled through
City administrative policies: Repealed. Traveling expenses shall not exeeed aetual eost
of transportation, plus a reasonable per diem aiiO'lJanee, the latter to be fixed annually
by the Couneil uniformly for all offieers and employees. Traveling expenses, exeept for
routine duties, shall be allo'Ned only if authori:z:ed by the Couneil.
Section 22-8 would be deleted in its entirety in that these days and hours are no longer
the applicable days and hours when public offices are open and are better handled
through administrative policies: Repealed. All pub lie offiees, exoept 'Nhere otherv1ise
provided by lat.4l, shall be open for business every day, exoept holidays, from 9:00 A.M.
to 5:00P.M., subjeet to modifieation by Council.
Section 3. That the vote requirement for the measure to pass is a majority (50% + 1)
of the votes cast.
Section 4. That the ballots to be used at the election shall be in form and content as
required by law.
Section 5. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment
and paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
Section 6. That the polls shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously from that time until eight o'clock p.m. of the
same day when the polls shall be closed, pursuant to Elections Code § 10242, except
as provided in Elections Code § 14401.
Section 7. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
Section 8. That notice of the time and place of holding the election is 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.
Section 9. That the City Council hereby requests the Board of Supervisors to
consolidate this election with the November 3, 2020, statewide general election to be
held on that date.
Section 1 0. That the City Council adopts the provisions of Elections Code § 9285(a) 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 at this Consolidated General
Municipal Election.
Section 11. That, pursuant to Elections Code§ 9280, because the measure has the
potential to affect the organization of the City Attorney's Office, the City Clerk is hereby
directed to prepare an impartial analysis of the measure, not to exceed 500 words in
length, showing the effect of the measure on existing law and the operation of the
measure. The City Clerk is authorized to engage special counsel to assist in the
preparation of this impartial analysis.
Section 12. That 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 3, 2020 Consolidated General Municipal Election ballot.
Section 13. That the City Council authorizes Mayor Ezzy Ashcraft and Vice Mayor
Know White to file written arguments for the measure described above.
Section 14. That the ballot arguments for and against the measure shall not exceed
300 words in length and the rebuttal arguments shall not exceed 250 words in length.
******
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 a regular meeting of the City
Council assembled on the 7th day of July, 2020, by the following vote to wit:
A YES: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy
Ashcraft -4.
NOES: None.
ABSENT: None.
ABSTENTIONS: Councilmember Daysog -1.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this sth day of July, 2020.
Lara Weisiger, City
City of Alameda