Sec. 3-1. All powers of the City and all powers vested in city councils (except the powers reserved to the People or delegated to other officers or boards by this Charter) shall be vested in a Council consisting of five Councilmembers.

Sec. 3-1.1. Notwithstanding any other provision of this Charter to the contrary, this section shall control as to the matters herein contained. The Council shall consist of the Mayor and four Councilmembers, elected in the manner set forth in Section 2-1.1 and elsewhere in this Charter. All provisions of this Charter which are inconsistent with the provisions of this section shall be deemed, amended or repealed whichever is appropriate.

Sec. 3-2. The Council may confer upon any board or officer powers and duties additional to those set forth in this Charter.

Sec. 3-3. The Council may, on its own motion, submit to the electorate by initiative or referendum any proposed resolution or ordinance which could be enacted by the Council.

Sec. 3-4. The vote of three members of the Council, except as otherwise provided, shall be necessary for any act of or by the Council.

Sec. 3-5. The Councilmembers present at any meeting regularly held may compel the attendance of absent members in such manner and subject to such penalties as the Council may have prescribed by ordinance.

Sec. 3-6. In the event that any Councilmember shall, without being excused by the Council, absent himself or herself from four or more consecutive regular meetings of the Council extending over a period of not less than thirty days, his or her office shall be vacant.

Sec. 3-7. The Council shall:

1. Meet in the month next succeeding the month in which the General Municipal Election is held, and organize by selecting from its membership, a Vice Mayor of the Council, whose term shall commence upon selection and continue until the selection and qualification of the successor following the next General Municipal Election.
2. Hold regular meetings in the calendar year as fixed by resolution in December of the preceding year. Its meetings shall be public and held in the Council Chamber of the City Hall. Special meetings may be called pursuant to general law.
3. Contract and fix the compensation for the services of a Certified Public Accountant, who shall at least annually investigate the transactions and audit the accounts of all officers having the collection, custody or disbursement of public money, or having the power to approve, allow or audit demands on the treasury. Said Auditor shall have free access to all records, books and papers in all departments of the City. Said Auditor may at any time visit any of the public offices and make examinations and investigations therein without hindrance. At the close of the investigation said Auditor shall file with the Council a written report containing recommendations. If during said Auditor's examination and audit it shall appear that a public offense has been committed, or that any officer or employee is in default, said Auditor shall immediately report to the Council, which shall take proceedings as are authorized by law.
4. Provide for annual vacations with pay for all City employees.
5. Repealed.
6. Prescribe the form of oath of office and require that every elected and Council-appointed officer shall, before entering upon the duties of his or her office, take and file such oaths with the City Clerk.
7. Establish and abolish offices and positions of employment and fix the compensation and duties thereof, except as herein otherwise provided.
8. Designate the person to perform the duties of City Manager in the event of his or her absence or disability.
9. Establish on or before July 1, 1938, a retirement, pension and insurance system for City officers and employees based on sound actuarial principles, which system once adopted shall not be amended except by majority vote of the full Council and shall not be repealed except by the People. Such system shall provide for the support thereof by deductions from the compensation of officers and employees of the City and contributions from City funds and funds under the control of the respective boards.

Sec. 3-8. The Council shall act by ordinance, resolution or motion, and the vote of each member of the Council on ordinances and resolutions shall be entered in the journal.

Sec. 3-9. No member of the Council shall, during his or her term of office, be eligible to appointment to any board created by this Charter.

Sec. 3-10. All acts of the Council imposing penalties, prescribing public regulations, granting franchises, or 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.

Sec. 3-11. The enacting clause of every ordinance passed by the Council shall be, "Be it Ordained by the Council of the City of Alameda." Every amendment of an ordinance shall be germane to the original purpose of such ordinance. Every ordinance shall be signed by the officer presiding at the time of its adoption and attested by the City Clerk. No ordinance shall be passed by the Council within five days after its introduction, except as provided in the following section.

Sec. 3-12. No ordinance shall become effective until thirty days from and after the date of its final passage, except an ordinance calling or otherwise relating to an election, or an ordinance determining the amount of money necessary to be raised by taxation, or fixing the rate of taxes to be levied, or an ordinance relating to a street improvement proceeding taken under some law, or an ordinance relating to public improvements or work the cost of which, or any portion of which, is to be borne by special assessment against property benefitted thereby, or an ordinance for the immediate preservation of the public peace, health or safety, which contains a declaration of the facts constituting its urgency, and is passed by a four-fifths vote of the Council, or an ordinance enacted in the event of great emergency or necessity passed by four votes of the Council and containing a statement of the emergency or necessity. Ordinances for the immediate preservation of the public peace, health or safety and ordinances enacted in the event of great emergency or necessity, when passed as aforesaid, may be introduced and passed at one and the same meeting and at either a regular or special meeting. No grant of any franchise, however, shall ever be construed as an urgency or emergency measure.

Sec. 3-13. No ordinance shall be re-enacted or amended by reference to its title only, or without setting forth the amended or re-enacted sections or sub-sections thereof in full.

Sec. 3-14. Before final adoption of an ordinance, its title, a digest thereof, a notice showing the date, time and place of hearing on its final adoption, and notice that three full copies thereof are available for use and examination by the public in the office of the City Clerk, shall be published once in the Official Newspaper of the City at least three days before said hearing date. Notice of the adoption of an emergency ordinance, its title, and a digest thereof shall be similarly published once within three days after its adoption.

Sec. 3-15. When the expenditure required for the purchase of materials or supplies, or for the making of public work or improvements exceeds the sum provided by general law, the same shall be done by written contract and let to the responsible bidder who submits the lowest and best bid, after advertising in the Official Newspaper by at least one insertion for sealed proposals, which advertising shall be made at least five days prior to the time for receipt of bids. Advertisements for bids may set forth the general character of the work, materials or supplies and refer for details to specifications on file in the office of the City Clerk. The Council may reject all bids. In case no bids are received, the Council may make such public work or improvements without contract or purchase such materials or supplies in the open market. The Council may, by four votes, either with or without prior advertising, as hereinabove set forth, determine that in its opinion the public work or improvements in question will be performed more economically by the City without contract, or that the materials or supplies can be purchased at a lower price in the open market, or that great necessity or emergency requires immediate action, and thereupon proceed to make such public work or improvements without contract and to purchase such materials or supplies in the open market.

Sec. 3-15.1. Repealed.

Sec. 3-15.2. In the event of a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, the City Manager or designee may exceed the sum provided by general law and forego competitive bid, subject to ratification by Council as soon as practicable.

Sec. 3-16. A preference of not to exceed five percent of the lowest bid may be allowed by the Council on all bids for materials and supplies made by a person who, for more than one year continuously preceding the making of such bid, had an established place of business in the City manufacturing, processing, wholesaling or retailing such materials and supplies.

Sec. 3-17. When entering into any contract for labor or hiring any labor for public contract work, preference may be given to contractors, mechanics, artisans or other laborers of any class, who shall have actually resided in the City for a period of six months preceding the date of their engagement to perform labor, quality and price of work being equal.

Sec. 3-18. The Council shall annually, after advertising in the manner provided for the purchase of supplies, award a contract to the responsible bidder who submits the lowest and best bid for publication of all legal advertising of the City in a newspaper adjudicated to be a newspaper of general circulation within the City of Alameda. The newspaper published by the successful bidder shall be the Official newspaper of the City. The Council may reject all bids. In lieu of newspaper advertising the Council may issue and publish a bulletin containing such matter as it is required by law to publish, sending the same by mail to the registered voters of the City, to their addresses as the same shall appear on the registration records of Alameda County, and shall also post printed copies of such advertisement in three public places in the City of Alameda.

Sec. 3-19. Repealed.