File #: 2020-7918   
Type: Consent Calendar Item
Body: City Council
On agenda: 5/5/2020
Title: Final Passage of Ordinance Amending the Alameda Municipal Code by Amending Section 2-19 (Commission on Disability) to Change the Number of Members to Seven and Change the Name to the Commission on Persons with Disabilities. (City Manager 2110)

Title

 

Final Passage of Ordinance Amending the Alameda Municipal Code by Amending Section 2-19 (Commission on Disability) to Change the Number of Members to Seven and Change the Name to the Commission on Persons with Disabilities.  (City Manager 2110)

Body

 

The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:

<https://alameda.legistar.com/LegislationDetail.aspx?ID=4313679&GUID=9B247A23-4651-4E3D-AEE7-6CE33EFB86BB&Options=&Search=&FullText=1>

 

CITY OF ALAMEDA ORDINANCE NO. ____

New Series

 

AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SECTION 2-19 (COMMISSION ON DISABILITY) TO CHANGE THE NUMBER OF MEMBERS TO SEVEN AND TO CHANGE THE NAME TO THE COMMISSION ON PERSONS WITH DISABILITIES

 

BE IT ORDAINED by the City Council of the City of Alameda that:

 

Section 1. Section 2-19.1 of the Alameda Municipal Code is amended to read as follows:

 

2-19.1 - Commission Established.                     

 

There is hereby established a commission which shall be known as the Commission on Persons with Disabilities.

 

Section 2. Section 2-19.2.a. of the Alameda Municipal Code is amended to read as follows:

 

2-19.2 - Membership; Term of Office; Removal.                     

 

a.                     The Commission shall consist of seven (7) members, all of whom shall be residents of the City.

b.                     Upon nomination of the Mayor, the City Council shall, at the time of their appointment and during their incumbency, appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Commission, for terms commencing on the first day of July following such appointment and continuing for four (4) years thereafter until the successor of such member is appointed and qualified.

c.                     No person shall be eligible for the office held by that person for two (2) consecutive terms immediately prior to the term for which the person seeks appointment.

d.                     A member of the Commission may be removed by the vote of a majority of the Council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired term of office.

 

Section 3. Section 2-19.4 of the Alameda Municipal Code is amended to read as follows:

 

 

2-19.4 - Duties of Commission.                     

 

It shall be the duty of the Commission on Persons with Disabilities to:

 

a.                     Provide information and make recommendations regarding disability issues to the City Council.

b.                     Receive information regarding disability issues from the community at large.

c.                     Adopt rules for the proper conduct of its affairs.

 

In no event shall the authority of the Commission on Persons with Disabilities subvert, duplicate, or lessen the authority, duties, and responsibilities of existing City Committees, Commissions, Boards, or of the City Manager.

 

Section 4.                       SEVERABILITY

If any section, subsection, sentence, clause or phrase of this ordinance, for any reason, is held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance.  The City Council of the City of Alameda hereby declares that it would have passed this ordinance, and each section, subsections, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases are declared to be invalid and unconstitutional.

Section 5:                     IMPLIED REPEAL

 

Any provision of the Alameda Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.

 

 

Section 6.                      EFFECTIVE DATE

 

This Ordinance shall be in full force and effect from and after expiration of thirty (30) days from the date of its final passage.

 

                                                                                                                              ______________________________

                                                                                                                              Presiding Officer of the City Council

 

Attest:

________________________

Lara Weisiger, City Clerk

 

* * * * * *

I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda on the 5th day of May, 2020, by the following vote to wit:

 

AYES:                     

 

NOES:                                          

 

ABSENT:                                          

 

ABSTENTIONS:                     

 

IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of May, 2020.

 

 

 

Lara Weisiger, City Clerk

City of Alameda

APPROVED AS TO FORM:

 

 

______________________

Yibin Shen, City Attorney

City of Alameda