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Resolution 02075S5 RESOLUTION NO. 2075 RESOLUTION ORDERING, CALLING AND PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF ALAMEDA, STATE OF CALIFORNIA, ON TUESDAY, AUGUST 25, 1936, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS. OF SAID CITY CERTAIN PROPOSALS FOR AMENDING THE CHARTER OF SAID CITY, SUCH PROPOSALS BEING SUBMITTED BY THE COUNCIL ON ITS OWN MOTION. WHEREAS, in the opinion of the Council of the City of Alameda, public interest demands that the charter of said city be amended as here- inafter shown, and, whereas, said Council intends to submit proposals therefor on its own motion, as authorized by Section 8, Article XI of the Constitution of California; now, therefore, be it RESOLVED, by the Council of the City of Alameda as follows: Section 1. A special election is hereby called and ordered to be held in the City of Alameda, State of California, on Tuesday, August 25, 1936, for the purpose of submitting to the electors of said city those certain proposals hereinafter set forth for amending the oharter of said city, said proposals being submitted by the Council of said City on its own motion, as authorized by the Constitution of said State. Said special election shall not be consolidated with any other election that may be held on that day. Sec. 2. Said special election hereby called and ordered to be held shall be held and conducted, and the votes cast thereat received and canvassed and the returns thereof made, and the result thereof ascertained, determined and declared as herein provided, and in all particulars not recited herein in accordance with the Constitution and laws of the State of California governing such elections. Sec. 3, The ballots to be used at said special election shall be such as are required by law to be used thereat, and in addition. to any other matters required by law to be printed thereon, shall appear thereon the follow- ing: "MUNICIPAL TIONET To vote in favor of a proposed amendment and thereby ratify the same, stamp a cross (X) in the voting square after the word "Yes". To vote against a proposed amendment, and thereby refuse to ratify the same; stamp a cross (X) in the voting square after the word "No." All marks exCept the cross (X) are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot, re- turn it to the inspector of election and obtain another. Also said ballots shall have printed thereon the following: PROPOSAL NO. 1. That sections 2, 3 and 5 of Article IL of the charter be amended to read as follows: Sec. 2. The Council. The legislative or governing body of the city shall be vested in a council of nine members, including the mayor. The mayor shall be a Member as well as ex-officio president of the council, with all the rights and privileges of the other eight members besides those belonging to the office of mayor. For the purpose of nominating and electing the members of the council, the city shall be divided into three sections as follows: (a) The eastern section, which shall be composed of the election precincts in the city which are contiguous judgment of the council, situated in the most eastern part (b) The western section, which shall be composed of the election precincts in the city which are contiguous judgment of the council, situated in the most western part of one-third and, in the of the city. of one-third and, in the of the city. (c) The central section, whioh shall be composed of the election precincts situated between the eastern and western sections. In case the total number of precincts cannot be divided by three equally without leaving a fraction of one or two over, the allocation shall be as follows: If one is left over it shall be added to the central section; if two are left over, one shall be added to the eastern section and one to the western section. The election precincts shall be those last established by the Board of Supervisors of the county. At least thirty days before the regular municipal election the council shall establish the three sections necessary therefor, and shall publish three times in the official newspaper of the city a notice thereof giving the numbers of said election precincts of which each section is Composed, and such establishment shall be a sufficient description thereof for all purposes. All persons nominated for members of the council must be residents and electors of the respective sections for which they are nominated. They shall be elected at large, that is, every qualified elector in the city may vote for all the councilmen to be elected in and for the three sections. The term of office for councilmen shall be six years; provided that of these chosen at the first election hereunder the councilmen elected from each section, respectively, by the highest vote shall hold office for six years, and until their successors are elected and qualified; the council- men elected from each section, respectively, by the next higher vote shall hold office for four years, and until their successors are elected and qualified; the other councilmen elected from each section, respectively, shall hold office for two years, and until their successors are elected and qualified. Thereafter all councilmen shall be elected for the full term of six years, and until their successors are elected and Qualified. Any person appointed to fill a vacancy on the council must be a resident of the section in which his immediate predecessor resided. Each member of the council shall receive as compensation for his services the sum of ten dollars for each council meeting which he attends and is recorded present, provided such compensation shall not exoeed fifty dollars in any one month. Sec. 3, Quorum. Five members of the Council shall constitute a quorum, but a less number may adjourn from time to time, and may compel the attendance of absent members in such manner and under such penalties as the council may prescribe. Absence from four consecutive regular meetings, unless excused by the council, shall operate to vacate the seat of any member so absent. Sec. 5. The Gouncil shall: One. Judge of the qualifications of its members and of all election returns; Two. Establish rules for its proceedings; Three. Keep a correct journal of its proaeedings. The ayes and noes shall, on demand of any member, be =takea and entered therein; Four. Appropriate annually, and the council must so appropriate, to the mayor, for his own use, the sum of six hundred dollars, for which he need furnish no vouchers. Five. Fix the compensation of all officers and employees not other- wise provided for. Six. Elect a vice-president of the council to preside in the absence of the mayor. Seven. Appoint such subordinate officers, boards or commissions as they may deem necessary, and fix their compensation. The foregoing amendments to section 2, 3 and 5 or Article II shall go into full force and effect on the first Tuesday after the first Monday of November, 1938, provided that for the purpose of nominating and electing councilmen thereunder, they shall become effective sixty days prior thereto. That section 7, of Article II of the charter be amended to read as follows: Sec. 7. ieyor. The member elected to the council by the highest vote shall be ex-officio mayor. He shall retain the office of mayor until a member is elected to the council by a higher vote, whereupon the member SD elected by the higher vote shall automatically become mayor; provided, if the member elected by the highest vote declines to accept the Office of mayor, the council shall choose one of their other members to serve as mayor. The mayor shall be recognized by the oourts as the official head of the city for the purpose of serving civil process, by the governor for the purpose of military law, and shall represent the city for all ceremonial purposes. He may take command of the police and govern the city by proclama- tion during times of public danger or emergency, and he shall himself be the judge of what constitutes such public danger or emergency. follows: PROPOSAL NO. 2. That section 9, of Article II of the charter be amended to read as Sec. 9. City Clerk. The council shall appoint a city clerk, whose duty it shall be to keep the minutes and records of council meetings, and of all ordinances, resolutions, communications and proceedings filed with his office. He shall be custodian of the seal of the eity. It shall be his duty to prepare the tentative budget, which shall be based upon estimates furnished by heads of the different departments. The city clerk shall be ex-officio purchasing agent for the city, and shall perform such other duties as the council may prescribe. He shall hold office until removed by a majority vote of all the members of the council. That sections 15 and 16, of Article IV of the charter be amended to read as follows: Sec. 15. Department of Estimates. On or before the second Monday of May in each year the several boards and heads of departments shall send to the city clerk detailed estimates of the amount of expenditure required in each department for the fiscal year next ensuing, including a statement of the salaries of all subordinates. See. 16. City Clerk to Estimate Exeenses. On or before the first Tuesday, in August in each year the City Clerk shall transmit to the council an estimate of the expenses of the city government for the ensuing fiscal year, stating the amount required to meet the interest an sinking fund for all outstanding funded debts, and the wants of all departments, in detail, showing specifically the amount necessary to be apportioned to each fund in the treasury; also an estimate of the income from fines, licenses and other sources of revenue, exclusive of taxes on property; also the probable amount required to he levied and raised by taxation. PROPOSAL NO. 3. That section 17, of Article IV of the charter be amended to read as follows: Sec. 17. The council shall provide by ordinance a system for the levy and collection of all city taxes, which system shall conform, as nearly as circumstances may permit, to the provisions of the laws of this state; provided, the delinquent tax list shall be published in the newspaper of general circulation printed, published and circulated n the city of Alameda, whehter daily, semi-weekly or weekly, whose owner or manager offers to publish it at the lowest costato the city. PROPOSAL NO. 4. That Article VII of the charter be amended by striking out all of sections 1, 2, 3 and 4 thereof, and amending section 5 thereof to read as follows: Sec. 5, City Engineer. The council shall appoint a city engineer. he must be one who has practioed his profession not less than five years and be registered under the laws of the state. The council may appoint a street superintendent, and may combine, the office of street superintendent with that of city engineer. PROPOSAL NO. 5. That Article VII-a of the charter be amended by striking out all of said article, and substituting in lieu thereof the following: Section 1. Police and Fire Commassion. There shall be a police and fire commission, consisting of three members of the council. They shall be appointed by the mayor, subject to approval of the council, and shall hold their respective offices for three years, and until their successors are appointed and qualified; provided that as to the first appointees hereunder one member shall be appointed for three years, another for two years, and the other for one year. Said commission shall have full charge of the appointment, promotion, suspension and dismissal of the offioers and members of the police and fire departments, provided that the appointment and promo- tion of officers and members shall be under a system of appropriate competitive examinations. No officer or member shall be suspended or dismissed from service in either department without natio° and hearing by the commission. No officer or member of either department shall be dismissed except for notorious or consecutive insubordination or neglect of duty, or conviction of a felony. The commission shall adopt rules and regulations for the proper management of the departments. PROPOSAL NO, 6. That sections 1 and 6, of Article VIII of the charter be amended to read as follows: Section 1. Health Officer. The eouncil shall appoint a health officer who may also be the city physician, and shall hold office during the pleasure of the council. He shall have the degree of Doctor of Medicine, and shall hold a license to practice medicine in the State of California. Ha shell have practiced medicine for at least five years. Sec. 6. He may, with the written consent of the council, appoint also one or more physicians, emergency surgeons, bacteriologists, chemists, food and market inspectors, and a clerk of the department, and maTprescribe and direct their duties. He may appoint a board of social service, which shall, under him, have charge of all matters pertaining to the care and re- lief of the needy, the establishment of employment bureaus, day nurseries and the like. Said board shall have charge of the expenditure of the re- lief fund provided by the council. It may receive and disburse gifts from private individuals and from institutions. Its members shall serve without compensation. PROPOSAL NO. 7. That sections 1, 2 and 3, of Article IX of the charter be amended to read as follows: Section 1. The council shall have supervision, direction and control over all playgrounds and recreation centers; also of all games, recreation, athletic sports and physical exercises that now are or shall be permitted to be conducted in any of the playgrounds or recreation centers of the city. Sec. 2. The council shall appoint a superintendent of the de- partment, who, in turn, shall employ the necessary supervisors and assistants, and adopt rules and regulations for the conduct of the department. Sec. 3. The superintendent shall keep a record of all prooeedings relative to playground activities, and shall make to the council, on or before the second Monday in May of each year a report, in writing, thereof, and an itemized statement of expenditures during the preceding year, em- bodying recommendations for the department, control and use of playgrounds and recreation centers. PROPOSAL NO. 8. That Article X of the charter be amended by striking out sections 1 to 18, inclusive, and substituting in lieu thereof the following: Section 1. Board of Public Utilities. There shall be a board of public utilities consisting of three members of the council, the city engineer, and the city attorney. The three members of the council shall be appointed by the mayor, subject to approval of the council, and shall hold their respective positions on the board for three years, and until their successors are appointed and qualified; provided that as to the first appointees hereunder one member shall be appointed for three years, another for two years, and the other for one year. The board of public utilities shall have general supervision and control of all public utilities owned and operated by the city. The words "public utilities" as used herein shall be deemed to mean and include the public utilities specified in the public utility act of the state of California. The board of public utilities shall have charge of the supply and distribution of such public utilities and the establishment of rates therefor; provided that all rates or charges to consumers shall be ratified and approved by the council. PROPOSAL NO, 9. That section 3, of Article XI of the charter be amended to read as follows: Sec. 3. Elective officers shall be installed and take possession of their respective offices at eight o'clock P. M., on the third Monday of December following their election. PROPOSAL NO. 10. That Chapter II of Article XI of the charter be amended to read as follows: Section 1. Recall. The holder of any elective office in the City of Alameda may be recalled by the registered qualified eledtors of the city at any time after he has held office for six months. A recall proceeding must be originated by petition of not less than ten (10) nor more than twenty-five (25) registered qualified electors of the city in the manner following, that is to say: Said originating electors shall file such a petition with the city clerk. It shall contain a general statement of the ground or grounds upon which recall of the official ie sought, and shall be signed by each of said petitioners originating the recall, who shall himself add his place of residence, giving street and number, and the date of signing. The originating petition shall be accompanied be a fee of $25.00 to cover the cost of printing and publishing said originating petition. The city clerk shall file said originating petition in his office, and cause a copy thereof, with the signatures attached, to be published for three successive days in the official newspaper of the eity, together with a notice that said petition is on file, and that any registered qualified elector may call at the office of the city clerk and sign said petition. .Sec. 2. The city clerk shall, during office hours, for forty (40) days from the last day of the publication of the notice aforementioned, keep said petition and not more than three copies thereof, open for signatures by the registered qualified electors of the city. Each signer himself in his own handwriting shall add to his signature his place of residence, giving street and number, also the date of signing and the number of the precinct in which he resides. The signatures need not be appended to one paper, provided each separate paper shall have a oaption, in bold face type, read- ing substantially as follows: "PETITION TO RECALL ", giving the name of the officer sought to be recalled. All names must be signed as required by Section 1096 of the Political Code of the State of California. Sec. 3. No recall petition shall be signed, presented or circulated for signatures at any place other than the city clerk's offiee, and each signature must be verified by the city clerk, or one of his deputies. Any signer may thereafter gall at the office of the city clerk and file a verified revocation of his signature, provided such revocation is filed before the city clerk certifies to the sufficiency or insufficiency of the petition. Sec. 4. At the expiration of forty (40) days from and after the last day of the publication and notice aforementioned, the time for signing said petition shall be deemed closed, and no more signatures shall be appended thereto. Within ten (10) days thereafter the city clerk shall examine and ascertain if said petition has been signed by registered qualified electors of the city, equal to not less than 25`Y; of the entire vote cast at the last general municipal election, whereupon the city clerk shall attach to the petition his certificate showing the result of said examination, stating the number of qualified electors found upon said petition, and the number of persons thereon not qualified to vote, also whether or not said petition is sufficient or insufficient. In checking said petition, the city clerk shall designate the names of persons found thereon not qualified to vote, with the letters N. Q. in red ink or red pencil opposite such name or names. Sec. 5. If the petition is shown by the city clerk's certificate to be insufficient, no further action shall be taken thereon; provided the failure to secure sufficient names shall not prejudice the filing of an entirely new petition against the same official by the same or other originating petitioners; provided further, however, no such new petition shall be filed against the same officials within six months after a former petition has been found insufficient. Sec. 6. If the petition shall be found sufficient, the city clerk shall submit the same, with his certificate, to the city council without delay, whereupon the eouncil shall cause a special election to be held not less teen thirty nor more than sixty days thereafter, to de- termine whether or not said official shall be recalled, unless said official shall resign prior to the calling of said election. If the same grounds are alleged, one petition shall be sufficient to propose the re- call of one or more officials. Sec. 7. The city clerk shall sand out sample ballots for a re- call election in the time, form and manner required by the general election laws of the state, and upon the sample and official ballots shall be printed, in not more than 300 words, the ground or grounds set forth in the petition demanding the recall of the official; and upon the same ballot, in not more than 300 words, the official may set forth his answer thereto. There shall be printed on the recall ballot, es to each official whose recall is to be voted upon the following question: "Shall (name of person sought to be re- called) be recalled from the office of (title of offiee)?" Following said question shall be the words "Yea" and "No" on separate lines, with a blank space to the right of each, in which the voter shall, by stamping a cross, indicate his vote for or against such recall. Sec. 8. The eouneil shall meet on the Monday following the election and canvass the votes cast at said recall eleetion. If a majority of those voting on said question of the recall shall vote "No", said official shall continue in office. If a majority of those voting on said question of the recall shall vote "Yes", said official shall thereupon be deemed removed from his office, and the same be deemed vacant. The council shall immediately fill such vacancy by appointment, which appointee shall hold office until the next general municipal election. Any official thus removed shall not be eligible to succeed himself by appointment. Sec. 9. In the event that a majority of the council should be recalled et one and the same election, then and in that case the city clerk shall forthwith call and conduct a special election to fill such vacancies, which election shall be held not leas than thirty nor more than sixty days after the date of the clerk's order calling such elec- tion. In such case, the oity clerk shall appoint all election officers and do and perform all acts and things necessary to properly conduct said election. He shall appoint three disinterested electors as a canvassing board to canvass the returns of said election, and declare the result thereof. Said canvassing board shall meet and canvass the returns on the day after such election, and, if the recall prevails, the newly elected councilmen shall immediately take their seats and hold their respective offices until the next general municipal election. Sec. 10. If at any recall election the incumbent whose re- moval is sought is not recalled, he shall be repaid from the city treasury any amount legally expended by hin es expenses of such election, and the council shall provide an appropriation for that purpose. PROPOSAL NO. 11 That sections 26 and 31 of Article XIII of the charter be amended to read as follows: Sec. 26. No councilman shall in any manner attempt to influence any official or employee of the city in the making of any appointment or in the purchase of supplies. A violation of this provision shall work a forfeiture of the office of the councilman. Sec. 31. No person in the employ of the city shall take any active part in securing, or shall contribute money toward the nomination or election of any candidate for a municipal office. That section 34 of said Article XIII of the charter be repealed. Sec. 4. Sample ballots containing the foregoing matters required to be printed thereon, also a card stating the location of the precinct and polling place of each elector, shall be mailed to each elector of said city by the City Clerk, in the time, form and manner required by law. Sec. 5. Any qualified elector of the City of Alameda may vote at said special election on the proposals hereby and thereat submitted. A cross (X) stamped in the voting swore on the ballot after the word "Yes" shall be counted es a vote in favor of the proposed amendment, whereas a cross (X) stamped in the voting square after the word "No" shall be counted as a vote against such amendment. Sec. 6. There shall be sixty-five election precincts for the purpose of holding said special election. Said precincts shall be the same and have the same numbers and boundaries, respectively, as those established by Resolution No. 29,400 of the Board of Supervisors of the County of Alameda, passed by said Board December 17, 1935. The Council shall establish and designate the location of the respective polling places in the different precincts, and appoint and name the election officers to conduct said special election; Whereupon the City Clerk shall embody the same in a notice of election and cause the same to be published once in the official newspaper of the city. Sea. 7. The amendments so submitted shall be advertised by being published once in the official newspaper of said city, being a newspaper of general circulation. Copies of said proposed amendments shall be printed in convenient pamphlet form, and the Council shall, until the date fixed for said election thereon, advertise in one or more papers of general circulation published in said city, a notice that such copies may be had at the office of the City Clerk, upon application therefor. Sec. S. At said special election the polls shall be opened at six o'clock A. U., of the day of election and be kept open until seven o'clock P. M., of the same day, when the polls shall be closed, except as otherwise provided in Seetion 1164 of the Foliticel Code of the State of California. Sec. 9. The Gity Clerk is hereby directed to procure all supplies that may be necessary to properly and lawfully conduct said election, in- cluding rosters, ballots, and ballot boxes, and he ehall give such orders and information to the election officers as required by law. Sec, 10. When the polls are closed the officers of election shall count the ballots cast thereat, and canvass the votes cast respectively for and against the proposed amendments submitted thereat, and shall make re- turn thereof to the Council of the City of Alameda in time, form and manner required for the counting, canvassing and returning of votes cast at other municipal elections held in said city. Sec. 11. If at said special election it shall appear that a majority of the qualified voters voting on any such amendment voted in favor thereof, it shall be deemed ratified, and shall be submitted to the Legislature at the next regular session thereof for approval or rejection without alteration, as provided by the constitutien of California. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in special meeting assembled on the 8th day of July, 1936, by the following vote, to wit: AYES: Councilmen Broyles, Munro and President Roebke, (3). NOES: Councilmen Eschew and Morris, (2). ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of July, 1936. (SEAL) S. G. BLOOD Clerk of the City of Alameda * * * * * * * * * hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 2075, RESOLUTION ORDERING, CALLING AND PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF ALAMEDA, STATE OF CALIFORNIA, ON TUESDAY, AUGUST 25, 1936, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY CERTAIN PROPOSALS FOR AMENDING THE CHARTER OF SAID CITY, SUCH PROPOSALS': BEING SUBMITTED BY TEE COUNCIL ON ITS OWN MOTION", introduced and adopted by the Council of the City of Alameda on Ju1y 8th, 1936.