pages: CityCouncil/2009-11-03.pdf, 9
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CityCouncil | 2009-11-03 | 9 | Vice Mayor Johnson inquired whether the City could consolidate with another election between January 30 and February 13. The City Clerk responded the Registrar would be conducting an election for Piedmont on February 2, 2010. Councilmember Gilmore inquired whether SunCal specifically requested a special election in the initiative, to which the City Attorney responded in the negative. Councilmember Gilmore inquired whether the City Clerk is outlining a very strict construction of the Elections Code. The City Attorney responded in the affirmative; stated the 180 days would be measured from the date Council acts to set the election, which is consistent with the legislative intent. Councilmember Gilmore stated the interpretation is very strict; inquired whether any case law requires said time frame. The City Attorney responded that she is not aware of any cases addressing whether a city could go outside the 180 days, only legislative history. Councilmember Gilmore stated the initiative is both an ordinance and Charter amendment; staff has chosen to analyze the initiative as an ordinance, not a Charter amendment; the Charter amendment part has been in the forefront of everyone's mind from the beginning that she is confused about the initiative being analyzed as an ordinance and not a Charter amendment. The City Attorney stated staff is not analyzing the matter solely as an ordinance, although the ordinance code section was cited by the drafters of the initiative; the initiative is partly a Charter amendment and partly calling for an amendment to the General Plan; 15% of the qualified voters signed the petition; the Elections Code does not address an initiative that is both a Charter amendment and an ordinance; Councilmember Gilmore is correct in stating that staff is providing a more conservative reading when there is nothing specifically on point the end result would have been the same if signatures were submitted earlier in the year; the matter would have come to Council in August to set the election for November 3, which would have fallen between the 88 and 103 day window. Mayor Johnson inquired whether anything states that the 88 to 103 day window does not apply to an ordinance initiative. Regular Meeting Alameda City Council November 3, 2009 | CityCouncil/2009-11-03.pdf |