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Piedmont, California, Measure BB, City Charter Amendments (November 2018)

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Local ballot measure elections in 2018
Measure BB: Piedmont City Charter Amendments
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The basics
Election date:
November 6, 2018
Status:
Approveda Approved
Topic:
Local charter amendments
Related articles
Local charter amendments on the ballot
November 6, 2018 ballot measures in California
Alameda County, California ballot measures
Local governance on the ballot
See also
Piedmont, California

A measure designed to amend the Piedmont City Charter was on the ballot for Piedmont voters in Alameda County, California, on November 6, 2018. It was approved.

A yes vote was a vote in favor of amending the city charter to modify procedures for filling vacancies on the city council and school board, to modify term limits, and to modify other procedures related to recordkeeping and city operations.
A no vote was a vote against amending the city charter to modify procedures for filling vacancies on the city council and school board, to modify term limits, and to modify other procedures related to recordkeeping and city operations.

Election results

Piedmont, California, Measure BB, City Charter Amendments (November 2018)

Result Votes Percentage

Approved Yes

3,927 65.09%
No 2,106 34.91%
Results are officially certified.
Source

Text of measure

Ballot question

The ballot question was as follows:[1]

Shall the measure amending the Charter of the City of Piedmont to modify procedures for filling of vacancies in elected offices for City Council and Board of Education for the Piedmont Unified School District, modify term limits for the City Council, and making other clarifying amendments regarding City recordkeeping, format of City ordinances, public posting, City contract approval, operation of City Council meetings, and other minor technical amendments, be adopted? [2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Piedmont City Attorney:

If adopted by the voters, Measure BB would amend various sections of the Charter of the City of Piedmont. In particular, Section 2.03 would be amended to prohibit any councilmember who has already served two full consecutive terms from holding such office again until two full intervening terms have elapsed. Sections 2.05(C) and 7.04 would be amended to increase the time the City Council and Board of Education have to fill a vacancy in their respective membership, from thirty to sixty days. If the respective body does not act within the sixty days, the vacancy would be filled by special election. Section 2.07(A) deletes the mandatory requirement that the Council meet regularly at least twice a month and requires instead that the Council have a goal of meeting at least twice a month. Sections 2.07(C) and 7.06 remove archaic provisions allowing a non-quorum of the City Council or Board of Education to compel the attendance of absent members. Section 2.12 updates archaic language regarding the enacting clause of ordinances to be more in line with modern practice and updates ordinance posting to be done electronically rather than on the City bulletin board. Section 2.15(A) is amended to remove the requirement that the City keep ordinances and resolutions in an indexed book as the City’s electronic records management system presently serves this function. The Measure deletes existing Section 3.02 which allows the City Council to require faithful performance bonds for officers of the City and renumbers all remaining provisions of Article III. Section 4.11 is amended to remove language regarding state law threshold amounts for bidding to clarify existing authority to set all public bidding requirements by ordinance. Finally Section 5.10 is amended to mirror current legal requirements regarding the prohibition against employment discrimination to cover all classes protected under current and future law.

A “yes” vote on Measure BB would be a vote to adopt the various amendments to the Charter of the City of Piedmont as described above.

A “no” vote on Measure BB would be a vote against adopting the various amendments to the Charter of the City of Piedmont as described above and the Charter will remain the same.

This Measure will be effective if a majority (greater than fifty percent (50%)) of the voters voting on the Measure vote in its favor.

The above statement is an impartial analysis of Measure BB. If you desire a copy of the ordinance or measure, please call the elections official's office at (510) 420-3040 and a copy will be mailed at no cost to you. [2]

—Piedmont City Attorney[3]

Full text

The full text of the measure is available here.

Support

Supporters

The following individuals signed the official argument in favor of the measure:[3]

  • Robert S. McBain, mayor
  • Tim Rood, council member
  • Dean Barbieri, former mayor

Arguments in favor

Official argument

The following official argument was submitted in favor of the measure:[3]

Measure BB proposes changes to the Piedmont City Charter. The last major Charter revision was in 1980. Many changes remove outdated language, ensure the Charter is consistent with current practices and make the City’s political processes more open and transparent. These changes, such as the posting of city notices and record keeping, reflect new technology and modern practices. Much has changed since 1980.

The Charter currently stipulates that the council meets twice monthly. Council typically meets that often and sometimes more frequently. This change sets a goal of meeting twice a month, but ensures that there is no Charter violation should an occasion arise where only one meeting is held. Further, language that allows Council members to compel attendance of other members is removed; that is neither legal or practical.

Proposed changes significantly improve the openness and transparency of the City’s political processes. The amendment increases the waiting period for councilmembers that have served two full terms from four to eight years. Piedmont does not need semi-professional politicians. The City’s talented residents should be encouraged to seek office. Given costs, time and resources required to run for Council, former councilmembers have an advantage. The short 4- year time frame is insufficient to mitigate this advantage. Eight years gives new people an opportunity; elections should be open, competitive and feature fresh candidates.

Filing vacancies is addressed. Currently, the Charter gives Council 30 days to replace a member. If there is no agreed replacement, the Mayor chooses the new member. These changes provide Council 60 days to select a replacement and remove the unilateral authority of the Mayor. Should the Council fail to select a replacement, a special election will be held. This change is clearly more democratic and transparent.

Vote for Measure BB[2]

Opposition

Opponents

The following individuals signed the official argument against the measure:[3]

  • Garrett Keating, former councilman
  • Jim McCrea, resident
  • Melanie Robertson, former planning commissioner
  • Greg Jurin, resident
  • George Childs, resident

Arguments against

Official argument

The following official argument was submitted in opposition to the measure:[3]

THIS MEASURE SHOULD BE REJECTED BY VOTERS. The ballot wording noted as, "and other minor technical amendments" suggests that the proposed Charter changes are minor and inconsequential. These are not “minor” technical changes, but electoral changes to limit voter choice and a reduction of contract bidding rules that weaken fiscal oversight.

This amendment reduces required competitive bidding on many city contracts. Contract management and oversights were “lessons learned” from Piedmont's undergrounding debacle costing taxpayers over $2 million dollars. Measure BB reduces important rules for fiscal oversight and obtaining the best bids for taxpayer dollars. Now is not the time for relaxing bidding rules when large capital projects are planned at Coaches Field, the Piedmont Pool, and Linda Beach Field.

This amendment replaces required Council meetings to those approved simply by Council resolution. Calling electoral changes for City Council “term limits” is disingenuous. Measure BB does not “modify term limits for City Council” – for it makes no changes to the 2-term limit for elected officials. Instead, it increases the amount of time before termed-out council members can run again from 4 to 8 years. It limits who incumbent City Council members run against, further protecting incumbency and others by prohibiting proven, voter-supported volunteers from serving again. The Piedmont School Board rejected this restrictive amendment limiting candidates. Keep competitive bidding, save tax dollars, and eliminate proposed electoral limits within the Charter by voting NO ON MEASURE BB![2]

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a vote of the governing officials of Piedmont, California.

See also

External links

Footnotes

  1. Alameda County, "Election Information," accessed September 5, 2018
  2. 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. 3.0 3.1 3.2 3.3 3.4 Alameda County, "Measure BB Text," accessed September 6, 2018