Resolution 14289CITY OF ALAMEDA RESOLUTION NO. 14289
DECLARING CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED
GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 4,
2008, INCLUDING ENACTING ORDINANCE NO. 2987 N.S. AMENDING
SECTION 3 -58 OF DIVISION 1 OF ARTICLE II OF CHAPTER III OF THE
ALAMEDA MUNICIPAL CODE, THE REAL PROPERTY TRANSACTION TAX
WHEREAS, a consolidated General Municipal Election, under and
pursuant to the provisions of Article XIX of the Charter of said City, was held for
the purpose of electing officers to the Office of Councilmember, Office of
Auditor and Office of Treasurer, and for the purpose of submitting to the
qualified electors of the City of Alameda certain proposals, as set forth
hereafter:
Two (2) Councilmembers on the Council of said City for full
terms, each term commencing at 8:00 o'clock p.m. on the third
Tuesday in December, 2008 and continuing for four (4) years
thereafter and until a successor is elected and qualified.
One (1) Auditor of said City for a full term, commencing at
8:00 o'clock p.m. on the third Tuesday in December, 2008 and
continuing for four (4) years thereafter and until a successor is
elected and qualified.
One (1) Treasurer of said City for a full term, commencing
at 8:00 o'clock p.m. on the third Tuesday in December, 2008 and
continuing for four (4) years thereafter and until a successor is
elected and qualified.
MEASURE P
To maintain essential City services such as keeping
existing fire stations open; maintaining neighborhood policing
programs; improving traffic flow and pedestrian and bicycle safety;
preventing recreation program cutbacks; and restoring previously
reduced library hours; shall the City of Alameda increase the City
real property transfer tax, charged when a property is sold, from
$5.40 to $12.00 per $1,000.00 of value, limited to 20 years and
subject to audits?
MEASURE Q
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.
MEASURE R
Shall the Charter of the City of Alameda be amended to
provide that every contract shall be in writing and that the City
shall not be bound by any contract unless it complies with the
Charter? Such amendment will be accomplished by adding
Section 22 -13 of said Charter, as fully set forth in Resolution No.
14250 of the Council of the City of Alameda.
MEASURE S
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.
MEASURE T
Shall the Charter of the City of Alameda be amended to
provide that Council may determine when City offices are to be
open for business? Such amendment will be accomplished by
amending Article XXII Sec. 8 of said Charter, as fully set forth in
Resolution No. 14252 of the Council of the City of Alameda.
MEASURE U
Shall the Charter of the City of Alameda be amended to
provide that the Auditor have a Certified Public Accountant (CPA)
license or a related educational degree, and no bond? Such
amendment will be accomplished by amending Article IV of said
Charter, as fully set forth in Resolution No. 14247 of the Council of
the City of Alameda.
MEASURE V
Shall the Charter of the City of Alameda be amended to
require that the Treasurer be licensed as a Chartered Financial
Analyst or Certified Financial Planner and annually recommend to
Council an investment policy for City monies and monitor and
report results of the City investment portfolio? Such amendment
will be accomplished by amending Article V of said Charter, as
fully set forth in Resolution No. 14248 of the Council of the City of
Alameda.
MEASURE W
Shall the Charter of the City of Alameda be amended to
eliminate transportation from the jurisdiction of the Public Utilities
Board? Such amendment will be accomplished by amending
Article 12 -1(A) of said Charter, as fully set forth in Resolution No.
14249 of the Council of the City of Alameda.
MEASURE X
Shall the Charter of the City of Alameda be amended to
eliminate reasons for removal of Historical Advisory Board
members and to authorize the City Council to determine when it is
appropriate to do so? Such amendment will be accomplished by
amending Article XXVIII Sec. 5 of said Charter, as fully set forth in
Resolution No. 14251 of the Council of the City of Alameda.
WHEREAS, nominating petitions were duly and regularly presented to,
and filed in the Office of the City Clerk of the City of Alameda, in the time, form
and manner prescribed by law, nominating for said offices:
FOR THE OFFICE OF COUNCILMEMBER:
Tracy Jensen
Justin Harrison
Doug deHaan
Marie L. Gilmore
FOR THE OFFICE OF CITY AUDITOR:
Kevin R. Kearney
FOR THE OFFICE OF CITY TREASURER:
Kevin Kennedy
WHEREAS, said nominations were entered in a list, with the offices to be
filled, which list was certified to and filed in the time, form and manner
prescribed by law, whereupon a notice of nominees for public office containing
a statement of the time of the election, the offices to be filled, and the names of
the candidates to be voted on, was duly and regularly issued more than seven
(7) days before said election in the official newspaper of said City; and
on the third Tuesday in December, 2008, and continuing for four (4) years
thereafter and until a successor is elected and qualified, and
(4) That the total number of votes cast in the City of Alameda at said
election for each of the aforementioned candidates for the office of Auditor of
said City was as follows:
Kevin R. Kearney 22,861
BE IT FURTHER RESOLVED AND DECLARED that the aforesaid Kevin
R. Kearney having received the highest number of votes cast for the office of
Auditor, was, and is hereby declared to be, duly and regularly elected to the
office of Auditor of the City of Alameda, for a term beginning at 8:00 o'clock p.m.,
on the third Tuesday in December, 2008, and continuing for four (4) years
thereafter and until a successor is elected and qualified.
(5) That the total number of votes cast in the City of Alameda at said
election for each of the aforementioned candidates for the office of Treasurer of
said City was as follows:
Kevin Kennedy 22,763
BE IT FURTHER RESOLVED AND DECLARED that the aforesaid Kevin
Kennedy having received the highest number of votes cast for the office of
Treasurer, was, and is hereby declared to be, duly and regularly elected to the
office of Treasurer of the City of Alameda, for a term beginning at 8:00 o'clock
p.m., on the third Tuesday in December, 2008, and continuing for four (4) years
thereafter and until a successor is elected and qualified.
(6) That the total number of votes cast in the City of Alameda at said
election for the aforesaid Measure P was as follows:
Measure P Yes 16,178 No 15,642
BE IT FURTHER RESOLVED AND DECLARED that the aforementioned
Measure P, having received a majority of the number of yes votes cast was and
is declared passed.
(7) That the total number of votes cast in the City of Alameda at said
election for the aforesaid Measure Q was as follows:
Measure Q Yes 22,846 No 5,981
BE IT FURTHER RESOLVED AND DECLARED that the aforementioned
Measure Q, having received a majority of the number of yes votes cast was and
is declared passed.
WHEREAS, a notice of the measure, certified by the City Clerk, was duly
issued and published in the official newspaper of said City in the manner and
time prescribed by law; and
WHEREAS, there were 52 election precincts within the City of Alameda
fixed and designated; and
WHEREAS, all of the ballots used for said election were prepared, as to
form and content, as prescribed by law, and a sample ballot was mailed to each
voter of the City of Alameda within the time and in the manner provided by law
and such mailing was completed at least ten (10) days preceding the date of
said election; and
WHEREAS, the officers of election for said election were duly appointed
and qualified, and all election supplies furnished and election booths provided
for each precinct as provided by law; and
WHEREAS, the Council of the City of Alameda, twenty -eight (28) days
following said election has met and fully canvassed the returns of the votes cast
at said Consolidated General Municipal Election as required by law, and being
fully advised in the premises, and having the returns of said canvass before it;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND
DECLARED BY THE COUNCIL OF THE CITY OF ALAMEDA and said Council
finds, as follows:
(1) That said Consolidated General Municipal Election was held and
conducted, and the votes cast thereat received and canvassed, and the returns
thereof ascertained, determined and declared in all respects and particulars in
the time, form and manner provided by law.
(2) That the whole number of ballots cast in the City of Alameda at said
election was 35,982.
(3) That the total number of votes cast in the City of Alameda at said
election for each of the aforementioned candidates for the Office of
Councilmember of said City was as follows:
Doug deHaan 15,055
Marie Gilmore 14,268
Tracy Jensen 11,586
Justin Harrison 7,973
NOW, THEREFORE, BE IT FURTHER RESOLVED, DETERMINED AND
DECLARED that the aforesaid Doug deHaan and Marie Gilmore, having received
the two highest number of votes cast for the Office of Councilmember, were, and
are hereby declared to be, duly and regularly elected to the Office of
Councilmember of the City of Alameda, for a term beginning at 8:00 o'clock p.m.,
(8) That the total number of votes cast in the City of Alameda at said
election for the aforesaid Measure R was as follows:
Measure R Yes 23,779 No 5,029
BE IT FURTHER RESOLVED AND DECLARED that the aforementioned
Measure R, having received a majority of the number of yes votes cast was and
is declared passed.
(9) That the total number of votes cast in the City of Alameda at said
election for the aforesaid Measure S was as follows:
Measure S Yes 19,416 No 9,562
BE IT FURTHER RESOLVED AND DECLARED that the aforementioned
Measure S, having received a majority of the number of yes votes cast was and
is declared passed.
(10) That the total number of votes cast in the City of Alameda at said
election for the aforesaid Measure T was as follows:
Measure T Yes 19,045 No 9,518
BE IT FURTHER RESOLVED AND DECLARED that the aforementioned
Measure T, having received a majority of the number of yes votes cast was and
is declared passed.
(11) That the total number of votes cast in the City of Alameda at said
election for the aforesaid Measure U was as follows:
Measure U Yes 21,623 No 6,983
BE IT FURTHER RESOLVED AND DECLARED that the aforementioned
Measure U, having received a majority of the number of yes votes cast was and
is declared passed.
(12) That the total number of votes cast in the City of Alameda at said
election for the aforesaid Measure V was as follows:
Measure V Yes 22,954 No 5,509
BE IT FURTHER RESOLVED AND DECLARED that the aforementioned
Measure V, having received a majority of the number of yes votes cast was and
is declared passed.
(13) That the total number of votes cast in the City of Alameda at said
election for the aforesaid Measure W was as follows:
Measure W Yes 16,773 No 10,321
BE IT FURTHER RESOLVED AND DECLARED that the aforementioned
Measure W, having received a majority of the number of yes votes cast was and
is declared passed.
(14) That the total number of votes cast in the City of Alameda at said
election for the aforesaid Measure X was as follows:
Measure X Yes 15,765 No 11,772
BE IT FURTHER RESOLVED AND DECLARED that the aforementioned
Measure X, having received a majority of the number of yes votes cast was and
is declared passed.
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 2nd day of December, 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 3rd day of December, 2008.
Lara Weisiger, City
City of Alameda