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Resolution 13019CITY OF ALAMEDA RESOLUTION NO. 13019 AMENDING RESOLUTION NO. 13018 CALLING A CONSOLIDATED SPECIAL MUNICIPAL ELECTION IN THE CITY OF ALAMEDA ON NOVEMBER 3, 1998 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS A PROPOSAL TO AMEND THE CITY OF ALAMEDA CHARTER PERTAINING TO THE POWERS OF THE PUBLIC UTILITIES' BOARD; AND PROPOSING SAID CHARTER AMENDMENT WHEREAS, the Council of the City of Alameda hereby proposes to submit to the voters of said City an amendment of Article XII of the City Charter pertaining to the powers of the Public Utilities Board to be voted upon at the Consolidated General Municipal Election to be held on November 3, 1998; WHEREAS, Resolution No. 13018 was approved by the City Council on July 7, 1998 and called the Consolidated Special Municipal Election to submit to the electors a proposal to w amend the Charter pertaining to tire powers of the Public Utilities Board; and WHEREAS, it is desired that the proposed amendment to Charter section 2 -4(B) be changed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCI ALAMEDA THAT: OFT E CITY OF 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: ARTICLE XII PUBLIC UTILITIES BOARD Sec. 12 -1. The Public Utilities Board shall have the power: (A) To control and manage all public utilities owned by the City used for the purpose of generating, distributing or selling ga. er electricity or for the purpose of furnishing transportation.. (B) To control and manage any tit& City -owned public utility fitil te 0uirn,cat�ts 12*AWS:ffifirea the control and management of which shall have been delegated to the Board by the Council or the People raF (C) To contract for the a purchase of e ee materials, and supplies, subject to the provisions of Section 3 -15 and 3 -16 of this Charter except as otherwise in this article expressly provided. In connection with such contracts, :the Board may exercise the powers conferred upon the Council by said sections. Sec. 12 -2. The Board shall also have the power, without reference to advertising or competitive bidding: (A) To contract for the l ; as purchase, for not to exceed r ee a ten years of gas, electrical energy or such other public utility service or commodity necessary for the operation of a public utility usmess en r(a a e under the control and management of the Board. (B) To advertise and publicize control and management. (C) (D) ess of any public utility V b si ei To acquire full or joint use of poles, pipes, conduits v •ii and to acquire by lease or purchase property necessary for its purposes. ... 9C o:. der its ... .. • •■■ 9.- • ..... rights -of -way name of the City real I aggregate exceed the sum of $15,000.00. Sec. 12 -3. The Board shall also have the power: (A) To sell obsolete or unnecessary personal property, subject to the consent of the Council on all sales exceeding the sum of ; i` three thousand dollars. To make any original construction of and any improvement to any utility under the control and management of the Board, and to do and perform any work for the City or any board thereof at cost; provided, however, if the Board shall elect to make any such original construction of or improvement to any such utility by contract, then the same shall be done subject to the provisions of Sections 3 -15 and 3 -16, the Board exercising the powers conferred upon the Council in said sections. To fix rates for the services of all utilities management. under its control To establish and abolish positions of employment under its control and fix the compensation and prescribe the duties thereof. 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. (E) To borrow, with the approval of the Council and not otherwise, monies for capital investment. Money borrowed pursuant to this subsection shall provide that the same may be repaid at any time and shall be repaid within thirty years from date thereof. (F) To invest the reserves States, of the State of California, or of (A) Keep books and records for each utility under its control and management in the manner prescribed by the California Railroad Commission or its successor in authority, and all other fiscal records in the manner prescribed by the Auditor. File with the Auditor and Council monthly and- reports setting forth the fmancial (B) accompanied by monthly and annual audits Accountant referred to in Section 3 -7(C) prepared by the a Certified Publ c (C) Maintain a storeroom and storeroom system, wherein a detailed record shall be kept of all materials received and issued in a manner satisfactory to and subject to the audit of the Accountant referred to in the next preceding subsection. 0)) Prepare and adopt an annual budget. Sec. 12 -5. Neither the City nor the Board shall engage in any public utility business in whichfrovisi o e" .' o 1 a oe ii I J S 1 G �thc City or e consent of the` People pis expressed by a two- thirds Sec. 12 -6. The Board may retain from earnings of public utilities under its management and control in each fiscal year after payment of bond interest and sinking fund requirements and operating expenses exclusive of depreciation, a sum equal to ten percent of the investment in Fixed Capital in Service of such utilities at the beginning of such fiscal year, as a reserve for contingencies, replacements, renewals, additions and improvements; provided, however, that when the amount of Working Capital (Current Accrued Assets less Current Accrued Liabilities) at the end of such fiscal year shall be equivalent to or in excess of twenty -five percent of the Fixed Capital in Service as of the same date if an amount equal to five percent of Fixed Capital in Service at the beginning of the fiscal year were retained, then and in such event the sum retained for the fiscal year shall be reduced to five percent of the Fixed Capital in Service at the beginning of the fiscal year All earnings of such utilities for the fiscal year in excess of said payments and retainments shall be transferred by the Board to the General Fund of the City, unless the Council prior to the end of the fiscal year shall authorize the Board to retain for said reserves a larger percentage than above set forth. For the purpose of carrying out the provisions of this section the Board prior to the first day of each fiscal year shall make an estimate of the amount to be earned in the fiscal year in excess of said payments and retainments and said excess amount as estimated shall be transferred to the General Fund of the City quarterly or as mutually agreed upon between the Board and the Council. Any balance of such excess amount for the fiscal year shall be transferred by the Board to the General Fund of the City on or bcforc thc first day of August ncxt succccding thc end of said fiscal year iWit hi thirty days aciptthennuai audit. Section 2. The City Council hereby proposes to and does hereby on its own motion, pursuant to the authorization provided by section 10201 of the Elections Code, submit the proposal to the qualified electors of the City of Alameda in a special municipal election to be consolidated with and voted upon at the November 3, 1998, 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" as follows: MEASURE: Proposed Ballot Measure of the City of Alameda Shall Article XII of the City Charter be amended to make specific changes in the manner in which the Public Utilities Board may manage and operate utilities under its control and to require majority voter approval for the Public Utilities Board to engage in any business which does not involve providing electricity or communications utility service? 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 and against the measure which is being submitted to the voters of the City at this Consolidated General Municipal Election. Section 5. The City Clerk is hereby directed to transmit a copy of this resolution to the City Attorney, who shall prepare an impartial analysis of the ballot measure. 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 for inclusion in the November 3, 1998 Consolidated General Municipal Election ballot. 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 regular meeting assembled on the 21st day of July 1998, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Lucas and President Appezzato - 4. NOES: None. ABSENT: Councilmember Kerr - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of July , 1998. Diane Felsch, City Clerk City of Alameda