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Resolution 14253CITY OF ALAMEDA RESOLUTION NO.14253 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 ALLOWING THE CITY MANAGER OR DESIGNEE TO EXCEED SUM PROVIDED BY GENERAL LAW AND FOREGO COMPETITIVE BID FOR PUBLIC WORK OR IMPROVEMENT OR PURCHASE OF MATERIALS OR SUPPLIES IN AN EMERGENCY; AND PROPOSING SAID CHARTER AMENDMENT WHEREAS, the City Council of the City of Alameda hereby proposes to submit to the voters of said City an amendment to the City of Alameda Charter authorizing the City Manager or his or her designee to exceed the sum provided by general law and forego bidding for public works or improvements or for materials or supplies in an emergency, 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 an amendment 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 AMENDMENT Sec. 3-15.2. In the event of a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, the City Manager or designee may exceed the sum provided by general law and forego competitive bid, subject to ratification by Council as soon as practicable. 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 provide that in an emergency the City Manager or designee may forego competitive bidding for a public work or improvement or purchase of materials or supplies to protect life, health, property or essential public services? Such amendment will be accomplished by adding Section 3 -15.2, as fully set forth in Resolution No. 14253 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. ara Weisiger, City Jerk City of Alameda