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Resolution 14246CITY OF ALAMEDA RESOLUTION NO. 14246 CALLING A CONSOLIDATED MUNICIPAL ELECTION IN THE CITY OF ALAMEDA ON NOVEMBER 4, 2008, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS A PROPOSAL TO AMEND THE CITY OF ALAMEDA CHARTER BY AMENDING SECTIONS 2-4, 2-6, 2-9, 3-7(A), 3-7(B), 3-7(C), 3-7(F), 3-7(1), 3- 15, 9-1(E), 12-3(D), 17-10, 22-4, AND 28-6(A) THEREOF; BY DELETING SECTIONS 3-7(E), 3-15.1, 17-11, 23-4, 23-5, Article XXV, AND 28-6(B) THEREOF; AND BY ADDING SECTION 2-16 THERETO, TO DELETE OBSOLETE AND UNCLEAR LANGUAGE AND CONFORM TO GENERAL LAW AND OTHER SECTIONS OF THE CHARTER; AND PROPOSING SAID CHARTER AMENDMENTS WHEREAS, the City Council of the City of Alameda hereby proposes to submit to the voters of said City amendments to the City of Alameda Charter deleting obsolete and unclear language and conforming to the general law and other sections of the Charter at the Consolidated General Municipal Election to be held on November 4, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA THAT: Section 1. The Council of the City of Alameda hereby proposes on its own motion that amendments of the Alameda City Charter be submitted to the voters of said City at said election to read as follows: CITY OF ALAMEDA CITY CHARTER AMENDMENTS By amending Section 2-4 to read: Section 2-4 The salary attached to the following offices shall be fixed by the Council: Auditor, Treasurer, City Manager, City Attorney, City Clerk. Each Councilmember shall receive $50.00 for each meeting of the Council which he shall attend; provided, that no Councilmember shall receive such fees for more than two meetings in any one calendar month. (Effect: Deletes "at not less than the following amounts per annum" "$3,600.00;" "$3,600.00;" "$4,000.00;" "$3,000.00;" "$2,400.00." Deletes obsolete language.) By amending Section 2-6 to read: Section 2-6 The term of each elective officer shall commence at 8:00 o'clock p.m. on the third Tuesday of the month following the general municipal election at which such officer was elected and continue for four years thereafter and until his or her successor is elected and qualified. (Effect: Deletes "The term of each elective officer holding office as of June 2, 1992 shall be shortened approximately four to five months to 8:00 o'clock p.m. of the third Tuesday of the month following the November 3, 1992, general municipal election and shall be considered a complete term." Deletes obsolete language.) By amending Section 2-9 to read: Section 2 -9 If any elected or Council - appointed officer of the City who shall remove from the City or absent himself therefrom for more than thirty days consecutively without the permission of the Council, or shall fail to qualify by taking the oath of office within fifteen days from the time his certificate of election or appointment is mailed or delivered to him, or shall resign, or be convicted of a felony, or be adjudged insane, his office` shall be vacant. (Effect: Adds "elected or Council- appointed "` before "officer." Conforms to another section of Charter. Deletes "and filing his official bond, whenever such bond is required." Deletes obsolete language.) By adding Section 2 -16 to read: Section 2 -16 All references to "his" shall be changed to his or her" and all references to "him" shall be changed to "him or her" and all references to "himself" shall be changed to "himself or herself ". (Effect: All references to his, him, or himself shall include her or herself.) By amending Section 3 -7(A) to read: Section 3 -7 The Council shall: (A) Meet in the month next succeeding the month in which the General Municipal Election is held, and organize by selecting from its membership, a Vice Mayor of the Council, whose term shall commence upon selection and continue until the selection and qualification of the successor following the next General Municipal Election. (Effect: Deletes "at 8:00 o'clock p.m. on the third Tuesday of and adds "in before "the month." New language more flexible). By amending Section 3 -7(B) to read: (B) Hold regular meetings in the calendar year as fixed by resolution in December of the preceding year. Its meetings shall be public and held in the Council Chamber of the City Hall. Special meetings may be called pursuant to general law. (Effect: Deletes "at least twice in each month as fixed by ordinance" and adds "in the calendar year as fixed by resolution in December of the preceding year." New language more flexible. Deletes "by the Mayor or three Councilmembers by serving the Councilmembers personally with written notices of time and purpose of the meeting or as required by." Adds "pursuant to general law" after "Special meetings may be called." Conforms to general law.) By amending Section 3-7(C) to read: (C) Contract and fix the compensation for the services of a Certified Public Accountant, who shall at least annually investigate the transactions and audit the accounts of all officers having the collection, custody or disbursement of public money, or having the power to approve, allow or audit demands on the treasury. Said Auditor shall have free access to all records, books and papers in all departments of the City. Said Auditor may at any time visit any of the public offices and make examinations and investigations therein without hindrance. At the close of the investigation said Auditor shall file with the Council a written report containing recommendations. If during said Auditor's examination and audit it shall appear that a public offense has been committed, or that any officer or employee is in default, said Auditor shall immediately report to the Council, which shall take proceedings as are authorized by law. (Effect: Deletes "Said Auditor must examine the official bonds of all City officers and employees and investigate the sufficiency and solvency of the sureties thereon" and "or that the surety on any bond is insufficient,". Deletes obsolete provisions.) By deleting Section 3-7(E): (Effect: Deletes obsolete section that requires Council to fix amounts of bonds of officers and employees for performance of their duties, procedures for the bonds, and payment by City for the bonds). By amending Section 3-7(F) to read: (F) Prescribe the form of oath of office and require that every elected and Council-appointed officer shall, before entering upon the duties of his office, take and file such oaths with the City Clerk. (Effect: Adds "elected and Council-appointed" before officer Clarifies which officers of those listed in Sec. 2-12 are covered.) By amending Section 3-7(1) to read: (I) Establish ` on or before July 1, 1938, a retirement, pension and insurance system for City officers and employees based on sound actuarial principles, which system once adopted shall not be amended except by majority vote of the full Council and shall not be repealed except by the People. Such system shall provide for the support thereof by deductions from the compensation of officers and employees of the City and contributions from City funds and funds under the control of the respective boards. (Effect: Deletes "the" before "vote," adds "majority" before "vote," adds before "Council," and deletes "of five Members ". Less ambiguous.) By amending Section 3 -15 to read: Section 3 -15 When the expenditure required for the purchase of materials or supplies, or for the making of public work or improvements exceeds the sum provided by general law, the same shall be done by written contract and let to the responsible bidder who submits the lowest and best bid, after advertising in the Official Newspaper by at least one insertion for sealed proposals, which advertising shall be made at least five days prior to the time for receipt of bids. Advertisements for bids may set forth the general character of the work, materials or supplies and refer for details to specifications on file in the office of the City Clerk. The Council may reject all bids. In case no bids are received, the Council may make such public work or improvements without contract or purchase such materials or supplies in the open market. The Council may, by four votes, either with or without prior ; advertising, as hereinabove set forth, determine that in its opinion the public work or improvements in question will be performed more economically by the City without contract, or that the materials or supplies can be purchased at a lower price in the open market, or that great necessity or emergency requires immediate action, and thereupon proceed to make such public work or improvements without contract and to purchase such materials or supplies in the open market. (Effect: Adds "provided by general law" and deletes "of one thousand dollars" after "sum." Less ambiguous because Sec. 3 -15.1 requires the sum to be what is provided by general law.) By deleting Section 3 -15.1. (Effect: Deletes "Anything in Section 3 -15 to the contrary notwithstanding, the bid and contract procedure in said section specified shall be applicable only when the required expenditure exceeds the sum provided by the general law for cities for like ' expenditures." Less ambiguous because the proposed amendment to 3 -15 incorporates this requirement to use the general law sum for purposes of bidding.) By amending Section 9 -1(E) to read: (E) To appoint, discipline and remove, subject to Civil Service requirements, all employees and deputies in his office. (Effect: Deletes "subject as to all deputies, to approval of the Council." Achieves consistency with all assistants and deputies in all departments). By amending Section 12 -3(D) to read: (D) 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. (Effect: Deletes "To establish and abolish positions of employment under its control and fix the compensation and prescribe the duties thereof. Conforms to Secs. 13 -2 regarding civil service, and 1 -2(D) and 3 -1 regarding Council.) By amending Section 17 -10 to read: Section 17 -10 The City Manager shall present to the Mayor and City Council a quarterly report on the revenues and expenditures as compared to the adopted budget of all funds of the City. The form of such report shall be both narrative and budgetary in order to inform the Mayor and City Council of the financial status of the City. The Auditor will review each report with the Mayor and City Manager. (Effect: Deletes "The Mayor, Auditor, and City Manager shall, together, count the money in the City Treasury at least once in every three months and ascertain the amount of money on hand and make a written report thereof to the Council within five days thereafter showing whether the money in the City Treasury corresponds to the amount shown by the fiscal record of the City" and adds "The City Manager shall present to the Mayor and City Council a quarterly report on the revenues and expenditures as compared to the adopted budget of all funds of the City. The form of such report shall be both narrative and budgetary in order to inform the Mayor and City Council of the financial status of the City. The Auditor will review each report with the Mayor and City Manager." Replaces obsolete provision with language on modern accounting). By deleting Section 17 -11. (Effect: Deletes "A Police Secret Fund in such amount as the Council may from time -to -time appropriate is hereby established under the sole control of the City Manager. It shall be withdrawable by him without reference to the auditing provisions of this Charter. Such fund shall be expended by the City Manager and the Chief of Police under the direction of the City Manager for investigation and police work of a secret character and for no other purpose. Semi - annually and at such other times as the Council may require, the City Manager shall file with the Council his affidavit and the affidavit of the Chief of Police that all monies expended out of the fund have been used for the purpose hereinabove set forth." Obsolete provision.) By amending Section 22 -4 to read: Section 22 -4 Any person convicted of a felony or misconduct in office shall forfeit his office or position of employment. No person who shall have been convicted of a felony or misconduct in office shall ever hold any office or position of employment in the service of the City, consistent with state law. (Effect: Adds "consistent with state law" to conform to state law). By deleting Section 23 -4. (Effect: Deletes "All' members of the Board of Public Utilities Commissioners elected in the year 1934 for four -year terms shall hold office until June 30, 1939, and all members of said Board elected in the year 1936 shall hold office until June 30, 1941. Of the vacancies occurring June 30, 1939, one shall be succeeded to by the City Manager, one shall be filled by appointment for a term of four years and one by appointment for a term of one year, and the vacancies occurring June 30, 1941, shall be filled, one by appointment for a term of four years, and one by appointment for a term of one year Upon taking effect of this Charter, the City Manager shall become ex- officio a member of the Public Utilities Board with full participating and voting power." Obsolete language concerning only events of 1934. The City Manager remains on the Public Utilities Board under other provisions of the Charter, Secs. 10 -2 and 10 -3). By deleting Section 23 -5. (Effect: Deletes "The Boards and members thereof named in the first column following shall be deemed to be the successors to the Boards and members thereof named in the second column following. All incumbents and members of Boards in the second column at the time this Charter takes effect shall immediately assume and continue to hold the successor office for the remainder of their unexpired terms. Library Board, successor to Board of Library Trustees. Public Utilities Board, successor to Board of Public Utilities Commissioners. Social Service Board, successor to Board of Social Service." Deletes obsolete language.) By deleting Article XXV. (Effect: Deletes "Urban Renewal, area redevelopment pursuant to Federal or State aid shall not be adopted in the City of Alameda without a vote of the People." The language is obsolete.) By amending Sec. 28-6(A) to read: The Board shall elect a Chairperson and a Vice-Chairperson from their membership. Each office shall be for one (1) year However, an office holder may be returned to office. (Effect: Deletes " 'Robert's Rules of Order' shall be used in the conduct of all meetings. Conforms to procedure of other boards.) By deleting Sec. 28-6(B). (Effect: Deletes "Three (3) members shall constitute a quorum and a decision of the Board shall be determined by a majority vote of those members present at the meeting." Conforms to another Charter provision, Sec. 10-13). Section 2. The City Council hereby proposes to and does hereby on its own motion, pursuant to the authorization provided by Section 9255(a)(2) and Section 10201 of the Elections Code, submit the proposal to the qualified electors of the City of Alameda in a municipal election to be held on Tuesday, November 4, 2008. The City Council hereby requests the Board of Supervisors to consolidate this election with the November 4, 2008, 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" and the aforementioned statement of the measure shall read as follows: MEASURE: Proposed Ballot Measure of the City of Alameda Shall the Charter of the City of Alameda be amended to delete obsolete and unclear language? Said amendments will be accomplished by amending Sections 2-4, 2-6, 2- 9, 3-7(A), 3-7(B), 3-7(C), 3-7(F), 3-7(1), 3-15, 9- 1(E), 12-3(D), 17-10, 22-4, and 28-6(A), deleting Sections 3-7(E), 3-15.1, 17-11, 23-4, 23-5, Art. XXV, and 28-6(B), and adding Section 2-16 to said Charter, all as more fully set forth in Resolution No. 14246 of the Council of the City of Alameda. 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 at this Consolidated General Municipal Election. 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 within ten (10) days of the adoption of this Resolution. 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 4, 2008 Consolidated General Municipal 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 during the Regular Meeting of the City Council on the 15th day of July, 2008, by the following' vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 16th day of July, 2008. Lara Weisiger, City City of Alameda