1 CITY OF ALAMEDA RESOLUTION NO. ____
CALLING FOR THE HOLDING OF A CONSOLIDATED MUNICIPAL
ELECTION IN THE CITY OF ALAMEDA ON TUESDAY, NOVEMBER
5, 2024 , FOR THE SUBMI SSION OF A PROPOSED CHARTER
AMENDMENT TO REVISE SECTION 3-10 PERTAINING TO LEASES
OF CITY REAL PROPERTY, ESTABLISHING THE POLICIES AND
PROCEDURES FOR SUCH AN ELECTION, REQUESTING THAT THE
COUNTY OF ALAMEDA CONDUCT SUCH AN ELECTION AND
AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN
ARGUMENTS FOR OR AGAINST THE MEASURE
WHEREAS, the addition of Section 3-10 to the City Charter was approved by the voters on March 9, 1943; and
WHEREAS, the voters approved an amendment to Section 3-10 on November 2, 1982; and
W
HEREAS, pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Elections Code, Division 9, Chapter 3, Article 3 (commencing at § 9255) of the State of California, the City Council of the City of Alameda desires to submit to the voters a proposed Charter amendment to amend Section 3-10 of the City Charter to eliminate the supermajority vote for approval of leases [and sales ] of City real property exceeding one year, [and to require that approval of such leases [and sales of real property] be approved by resolution rather than by ordinance].
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA THAT:
Section 1. That pursuant to the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Elections Code, Division 9, Chapter 3, Article 3 (commencing at § 9255) of the State of California, there is called and ordered to be held in the City of Alameda, California, on Tuesday, November 5, 2024, a Consolidated Municipal Election for the purpose of submitting the following proposed charter amendment, which shall be designated on the ballot as “City of Alameda Charter Amendment” and the aforementioned statement of the measure shall read as follows:
MEASU RE: City of Alameda Charter Amendment
Shall the measure amending Section 3-10 of the City
Charter to reduce the City Council approval threshold
from supermajority (four affirmative votes) to simple
majority (three affirmative votes) for leases of City real property exceeding one year and to require leases
exceeding one year of City real property be approved
by resolution rather than by ordinance be adopted?
YES
NO
Section 2. That the text of the charter amendment submitted to the voters is as follows:
OPTION 2
2 CITY OF ALAMEDA CHARTER AMENDMENT
Sec. 3 -10. All acts of the Council imposing penalties, prescribing public regulations, or granting franchises shall be by ordinance. , or Acts of the Council providing for the acquisition, transfer or lease for a period longer than one year, of real property, shall be by ordinance; provided, however, that the acquisition of real property, or any interest therein, may be authorized by resolution, when the purchase price to be paid, together with any obligation imposed on the City in connection with any such acquisition, does not exceed the sum provided by the general law for cities requiring competitive bidding for the purchase of supplies and materials, or when such acquisition is to be accomplished by condemnation in eminent domain proceedings, or in connection with public improvements proceedings taken under some law.
No real property of the City shall be leased for a period in excess of one year or sold, except upon the affirmative vote of four members of the Council.
The provisions of this section shall not apply to the acquisition or transfer of real property when, pursuant to procedure established by ordinance or by any code or general law of the State of California, such property has been acquired, or is transferred or acquired in satisfaction, foreclosure or enforcement of a lien for taxes or special assessments of any character.
Section 3. That the vote requirement for the measure to pass is a majority (50% + 1) of the votes cast.
Section 4. That the ballots to be used at the election shall be in form and content as required by law.
Section 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 6. That the polls shall be open at seven o’clock a.m. the day of the e lection and shall remain open continuously from that time until eight o’clock p.m. the same day when the polls shall be closed, pursuant to Elections Code § 10242, except as provided in Elections Code §§ 14212 and 14401.
Section 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 8. That notice of the time and place of holding the election is 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.
3 Section 9. That t he City Council hereby requests the Board of Supervisors to consolidate this election with the November 5, 2024, statewide general election to be held on that date.
Section 10. That t he City Council adopts the provisions of Elections Code § 9285(a) 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 11. That, pursuant to Elections Code § 9280, the City Clerk is hereby directed to transmit a copy of the measure to the City Attorney , who shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on existing law and the operation of the measure.
Section 12. That 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 5 , 2024 Consolidated General Municipal Election ballot.
Section 13. That t he City Council authorizes the following members to file written arguments not exceeding 300 words in length for or against the measure described above:
Argument In Favor: _______________________________
Argument Against and Rebuttal: _____________________
Section 14. That pursuant to Election Code § 9285 and not more than 10 days after the final date for submitting the direct arguments , the author or a majority of authors of a direct argument may prepare and submit a rebuttal argument not exceeding 250 words in length or may authorize in writing any other person or persons to prepare, submit and sign the rebuttal argument.
* * * * * *
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 a regular meeting of the City Council assembled on the 2nd day of July, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
4 IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 3rd day of July, 2024.
Lara Weisiger, City Clerk
City of Alameda
Approved as to Form:
_______________________
Yibin Shen, City Attorney
City of Alameda