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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