Article II — CITY COUNCIL: MEMBERSHIP, COMPENSATION

Section 200. COMPOSITION.

The City Council, hereinafter referred to as the Council, shall consist of six Council Members
and the Mayor.

Section 205. QUALIFICATION OF COUNCIL MEMBERS.

(a) Any person is eligible to hold office as elected Council Member if such person is a
registered voter of the City and a resident of the geographical area which constituted the
district from which such person was nominated at the time of filing nomination papers, and
was a resident of such area and a registered voter of the City at the time of filing nomination
papers and for a period of 30 days Immediately preceding the date of filing.

(b) Any person is eligible to hold office as appointed Council Member if such person is a
registered voter of the City and a resident of the geographical area which constitutes the
district from which such person's elected predecessor was nominated, and was a resident of
such area and a registered voter of the City at the time of appointment and for a period of
30 days immediately preceding appointment.

Section 210. QUALIFICATION OF MAYOR.

Any person is eligible to hold office as elected Mayor if such person is a registered voter of
the City and was a registered voter of the City at the time of filing nomination papers and for a
period of 30 days immediately preceding the date of filing. Any person is eligible to hold office
as appointed Mayor if such person is a registered voter of the City and was a registered voter of
the City for a period of 30 days immediately preceding appointment.

Section 215. NOMINATION OF COUNCIL MEMBERS.

Each candidate for election to the office of Council Member shall be nominated from the
district in which such candidate resides by the signatures of registered voters residing within said
district.

Section 220. NOMINATION OF MAYOR.

Each candidate for election to the office of Mayor shall be nominated from the City at large by
the signatures of registered voters residing within the City.

Section 225. ELECTION OF COUNCIL.

(a) All Council Members and the Mayor shall be elected by the registered voters of the City at
large. One Council Member shall be elected from each Council Member district.

(b) The candidate receiving the highest number of votes for the offices of Mayor and Council
Members of the City shall be elected to such offices, provided that such candidate receives
at least 50% plus one of the votes cast for each such office. In the event that no candidate
for such elective office of the City receives at least 50% plus one of the votes cast for that
office, the City Council shall provide for a run-off vote to determine the person elected.
The City Council shall adopt an ordinance establishing a run-off system. The run-off system may include mailed ballots, an instant run-off voting system when such technology
is available to the City, or a special run-off election. The ordinance setting forth the run-
off system may be amended from time to time for any reason, but no amendment to the
ordinance may take effect less than 103 days prior to any municipal election.

(c) If at any election two or more persons receive an equal and highest number of votes for any
office, the City Clerk shall order a public recount of the ballots cast for that office to be
conducted in the manner provided by the Elections Code of the State of California. The
expense of such recount shall be borne by the City.

(d) If the results of such recount indicate that two or more persons have received an equal and
highest number of votes for any office, the City Clerk shall so certify to the Council. Upon
receipt of the Clerk's certificate, the Council shall call a special election among the persons
having an equal and highest number of votes for such office. The election shall be
conducted and canvassed in the manner provided for general municipal elections.

Section 230. DISTRICTS.

The boundaries of Council Member districts shall be the boundaries existing upon the effective
date of this Charter, until changed by ordinance of the Council. Within one year after publication
of the results of each federal census, and within one year after a determination that the population
of the City has changed by five percent or more since the most recent division of the City into
districts, the Council by ordinance shall divide the City into six districts numbered one through
six. Each district shall consist of geographically compact contiguous territory and shall contain,
as nearly as possible, equal numbers of residents. District boundaries shall approximate election
precinct boundaries established by the Board of Supervisors of the County of Alameda. No
change in district boundaries shall operate to disqualify an incumbent from office before the
expiration of the term for which such person was elected or appointed.

Section 235. TERM OF OFFICE.

(a) Council Members and the Mayor shall hold office for four years. The term of office shall
commence on January 1 following the election.

(b) Notwithstanding the provisions of Section 235(a) of this Charter, the officers elected in
2002 shall hold office for a term ending December 31, 2006 and officers elected in 2004
shall hold office for a term ending December 31, 2008.

Section 240. INCOMPATIBLE OFFICE OR EMPLOYMENT.

A Council Member or Mayor who accepts or retains an incompatible public office or incompatible public employment after taking office on the Council shall be deemed thereby to have resigned as Council Member or Mayor.

Section 245. VACANCIES: EXISTENCE.

A vacancy shall exist in the office of Council Member or Mayor when the person elected or appointed to such office fails to qualify or becomes disqualified, or upon the occurrence of any event which, under the general laws, would cause a vacancy in such office.

Section 250. VACANCIES: FILLING.

A vacancy in the office of Council Member or Mayor shall be filled by appointment by the Council. The appointee shall hold office until the next general municipal election and until a successor is elected and qualified. Any unexpired remainder of the term of such office shall be filled by the voters at such election. If the Council fails to fill such vacancy within sixty days after its existence, the Council shall call a special election, at which the unexpired remainder of the term of such office shall be filled by the voters.

Section 255. COMPENSATION OF COUNCIL MEMBERS.

All provisions of the Government Code of the State of California relating to compensation, benefits and reimbursement for expenses applicable to members of a City Council of a general law city shall be applicable to Council Members.

Section 260. COMPENSATION OF MAYOR.

The Mayor shall receive a salary established by ordinance. In addition, the Mayor shall be entitled to the same benefits and reimbursement for expenses as are Council Members.

Section 265. LIMITATION ON TERMS OF COUNCIL MEMBERS.

No person shall be eligible for the office of Council Member who has served two, complete four-year terms as Council Member immediately prior to the term for which such person seeks election or appointment.

Section 270. LIMITATION ON TERM OF MAYOR.

No person shall be eligible for the office of Mayor who has served two, complete four-year terms as Mayor immediately prior to the term for which such person seeks election or appointment.

Section 275. VACANCY IN OFFICE OF COUNCIL MEMBER.

Notwithstanding Section 265 of the Charter, should a Council Member vacate his or her office prior to completion of a second consecutive four year term as Council Member, he or she shall be ineligible for the office of Council Member for the following term.

Section 280. VACANCY IN OFFICE OF MAYOR.

Notwithstanding Section 270 of the Charter, should the Mayor vacate his or her office prior to completion of a second consecutive four year term as Mayor, he or she shall be ineligible for the office of Mayor for the following term.