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Resolution 02091RESOLUTION NO. 2091 DECLARING THE RESULT OF THE SPECIAL ELECTION HELD IN THE CITY OF ADABEDA ON TUESDAY, AUGUST 25, 1936, FOR THE PURPOSE CF SUBMITTING CERTAIN PROPO5ALS FOR AMENDING TUE CHeRTER OF SAID CITY. WHEREAS the City Council of the City of Alameda, being the legislative body thereof, did, on the 8th day of July, 1936, on its own motion, by Resolution No. 2075, cell a special election to be held in said city on the 25th day of August, 1936, for the purpose of submitting to the qualified electors of seid City certain proposals to amend the Charter of said City pursuant to the provisions of Section 8 of Article XI of the Constitution of the State of California, which proposals read as follows, to-wit: PROPOSAL NO. 1 That sections 2, 3 and 5 of Article II 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 es ex-officio president of the council, with all the rights and privileges of the other eight members besides those belorgng to the office of mayor. For the purpose of nominating and electing the city shall be divided into three sections as follows: (a) The eastern section, which shall be composed of one-third of the election precincts in the city which are contiguous and, in the jud ient of the council, situ- ated in the most eastern part of the city. (b) The western section, which shall be composed of one-third of the election precincts in the city which are contiguous and, in the judgment of the council, situated in the most western part of the city. (o) The central section, which shall be composed of the election precincts situated between the eastern and western sections. bers of the council, the 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 oae 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 et large, that is, every qualified elector lathe 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 those chosen at the first election hereunder the councilmen elected from each section, respectively, by the highest vote shall hold office for six yeare, and until their successors are elected and qualified; the councilmen 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 exceed fifty dollars. in any one month. Seo, 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 councilmsy preserite. Absence from four consecutive regular meetings, unless excused by the council, shall operate to vacate the seat of any member so absent. Sec. 5e The Council shall: One. Judge of the qualifications of its members and of all election returns; Two. Establish rules for its proceedingS; Three. Keep e correct journal of its proceedings. The ayes and noes shall, on demand of any member, be taken 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 otherwise 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, 5 and 5 of 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 prier thereto. That section 7, of Article II of the charter be amended tc reas as follows: See. 7. Mayor. 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 so elected by the higher vote shall automatically become mayor: provided, if the member elected by the highest vete declines to accept the office of mayor, the council shall choose one of their other members to serve es mayor. The mayor shall be recognized by the courts as the offisial 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 m He may take command of the police and govern the city- by proclamation during tines of public danger or emergency, and he shall himself be the judge of What constitutes such public danger or emergeneY. YROPOSeL NO. 2 That Section 9, of Article 1]. at the charter be amended to read as follows: See. 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 he custodian of the seal of the city. it shall be his duty to rrepeee 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 tte 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 road 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 subordin- ates. Sec. 16. City Clerk to Estimate Expenses. 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 Inc amount required to meet the interest and 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 reveue, exclusive of taxes on property; also the probable amount reouired to be levied and raised by taxation. PROPOSAL NO. 5 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 circum- stances 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 in the city of Alameda, whether daily, semi- weekly or weekly, whose owner or manager offers to publish it at the lowest cost to the city. PROPOSAL NO. 4 That Artiole 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 e city engineer. He must be one who has practiced his profession not less than five years and be registered under the laws of the state. The council may appoint a street superine tendent, 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 eaid article, and substituting in lieu thereof the following: Seotion 1. Police and Fire Commission, There stall 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 suooessors 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 officers and members of the police and fire departments, provided that the appointment and promotion of officers and'members shall be under a system of appropriate competitive examinatiens. No officer or member shall be suspended or dismissed from service in either department without notice and hearing by the commission, No officer or member of either department shall be dismissed except for notorius 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 couneil shall appoint a health officer who may also be the city physician, and shall hold office during the pleasure of the couneil. He shall have the degree of Doctor of Medicine, and shall hold a license to practice medicine in the State of California. He shall have practiced medicine for at least five years. Sec. 6. He may, with the written consent of the couneil, appoint also one or more phyaloians, emergency surgeons, bacteriologists, chemists, food and market inspectors, and a clerk of the department, and may prescribe and direct their duties. He may appoint a board of social servioe, whioh shall, under him, have Charge of all matters pertaining to the care and relief of the needy, the establishment of employment bureaus, day nurseries and the like. Said board shall have charge of the expenditure of the relief fund provided by the couneil. It may receive and disburse gifts from private individuals and from institutions. its members shall serve without compensa- tion. PROPOSAL NO, 7. That sections 1, 2 and 3, of Artiole 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 department, 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 proceedings relative to playground aotivities, 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, embodying recommendations for the department, control and use of playgrounds and recreation centers. PROPOSAL NO. 8. That Article X of tiae 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 ceencil, the city engineer, and the city attorney. The three members of the council shell 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; pro- vided that as to the first appointees hereunder one member ahall 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 establish- ment of rates therefor; provided that all rates or charges to consumers bell be ratified and approved by the council. PROPOS&L NO. 9. That section 3, of Article XI of the charter be amended to read as follows: Seo, 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 followse Section 1. Recall. The holder of any eleotive office in the City of Alameda may be recalled by the registered qualified electors of the city et any time after he has held office for six monthan A recall proceeding must be originated by petition of not less than ten (10) nor more than -twenty-five (25) registe 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 resell of the official is sought, and shall be signed by each of aaid petitioners originating the recall, who shall himself add his place of residence, giving street and number, and the date of signing. The origin- ating petition shall be accompanied by a fee of 4'25.00 to cover the cost of printing and publishing said originating petition. The city clerk snail file said originating petition in his office, and cause a copy thereof, with the signatures attached, to be published for three succeesive days in the official newspaper of the city, 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 quali- fied electors of the city. Eaoh signer himself in his on 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 raper, prOvided each separate paper shall have a caption, in bold face type, reading substantially as follows: "PETITION TO RECALL ", giving the name of the officer sought to be recalled. All names must be-7777711-17F-- 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 office, and each signature must he verified by the city clerk, or one of his deputies. Any signer may thereafter call at the office of the city clerk and file e verified revocation of his signature, pro- vided such revocation is filed before the city clerk certifies to the sufficiency or insufficiency of the petition. Sec. 4. At the expiration opiration 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% 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 in- sufficient. 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 penci/ 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 net 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 netition 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 council shall eause a special election to be held not less than thirty nor more than sixty days thereRfter, to deteemine whether or not aid official shall be re- called, unless said officio/ shall resign prior to the calling of said election. If the same grounds are alleged, one petition shall be sufficient to propose the recall of one or more officials. Sec. 7. The city clerk shall send out sample ballots for a renall 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, as to each official: whose recall is to he voted upon the following question: "Shall (name of person sought to be recalled) be recalled from the office of (title of official)?" Following said question shall be the words "Yes" 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. 6. The council shall meet on the Monday following the election and canvass the votes cast at said recall 'election. If e majority of those voting on said question of •the recall shall note "Na ", 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 deemedVacatt. 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. Sea. 9. In the event that a majority of the council should be recalled at one and the same electicn, 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 less than thirty nor more than sixty days after the date of the clerk's order calling such election. In such case, the city clerk shall appoint all election officers and do and perform all acts and things necessary te properly con- duct 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 ilmeediate- ly take their seats and hold their respective offices until the next general munici- pal election. Sec. 10, if at any recall election the incumbent whose removal is sought is not recalled, he shall be repaid from the city treasury any amount legally ex- pended by him as expenses of such election, and the council shall provide an apnrepriation for that purpose. PROPOSAL NO. 11 That sections 26 and 31 of Article XIII of the charter be amended to read as follows: See. 26. No councilman shall in any manner attempt to influence any official or employee of the city in the making oT any appointment or in the purchase of supplies. A violation of hs provision shall work a forfeiture of the office of the councilman. Sec. 31. No person in the employ of tbe city aeall 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. and WHEREAS the City Clerk of the City of Alameda caused to be published the list of the names of the election officers appointed, and the polling plaees designated for each election precinct, in The Alameda Journal, a newspaper of generel circulation, and the official newspaper of said city, for three issues to-wit on August 7, 1936, August 14, 1956, and August 21, 1936; and WHEREAS there were 65 election precincts provided for holding and con- ducting said special election, said precincts being thesame as those provided by the Board of Supervisors of Alameda County for holding general, state and county elections; and WHEREAS all the ballots used for said election were prepared, as to form and contents, as provided by law, and s sample ballet uas railed te each registered elector of the City of Alameda more than 10 whole days precediag the date of said election; and WHEREAS the City Council caused the said proposed charter amendments to be published and advertised in accordance with the erovidions of Section 8 of Article XI of the Constitution of the State of Califorra, on the 10th day of July, 1936, in the Alameda Journal, a weekly newspaper of general circulation, and the official newspaper of said city, and in each edition thereof, during the day of said publication; and WHEREAS conies of said proposed charter amendments were printed in convenient pamphlet form, and in type of not less than ten poiat, and an advert- isement that copies theisef could be had upon application therefor at Inc office of the City Clerk of the City of Alameda was published in said Alameda Journal on the 10th day of July, 1936, and in each issue thereafter until and including the day fixed for said special election, all as required by Section d of Article XI of the Constitution of the State of California, and said advertisement was also published in The Alameda Times-Star, a newspaper of general circulation, on the 10th, 17th and 24th days of July, 1936; and WHEREAS the officers appointed to conduct said election wore duly appointed and qualified, and all election supplies furnished and election booths provided for each precinct as required by law; and WHEREAS the Council of the Ulty of Alameda, at this, its next regular meeting following said election, has met and fully canvassed the returns of the votes cast at said special election, as is required by law, and being fully ad- vised in the premises, and having the result of said canvass before it, NOW THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED BY THE COUNCIL OF THE CITY OF ALAMEDA, Mr2 JAID COUNCIL FINDS, AS FOLLOWS 1. That said special election was, in all respecte and particulars, held and conducted in the time, form and manner provided by law and the charter of the City of Alameda; 2. That the vote cast in each of the different precincts throughout the said city on the said proposals to w end the charter of said city was as follows: 3. That the total number of votes cast for and against the said Proposals for amending the charter of said city of Alameda was 90934. That No. 1 was 1496. That was 6625. 2 was 1579. was 6788. 3 was 1506. was 6713. That That That That That No. 4 was 1475. That the was 6741. The the the total number of electors voting in favor of said Proposal total number of electors voting against said Proposal No. 1 total number of electors voting in favor or said Proposal No. the total number of electors vot agaloot said Proposal No. 2 the total number of electors voting in favor of said Proposal No, the total number of electors voting against said Proposal No. 3 the total number of electors voting in favor of said Proposal total number of electors voting against said Proposal No. 4 total number of electors voting in favor of said Proposal total number of electors voting againot said Proposal No. 5 total number of electors voting in favor of said Proposal No. total number of electors voting against said Proposal No. 6 the total number of electors voting in favor of said Proposal the total number of electors voting against said Proposal No. 7 the total number of electors voting in favor cf said Proposal NO. the total number of electors voting against said Proposal No. 8 the total number of electors voting in favor of aaid Proposal No, the total number of electors voting against said Proposal No. 9 the total number cf electors voting in favor of said Proposal No. the total number of electors voting against said Proposal No. 10 the total number of electora voting iu favor of sold Proposal No, . the total number of electors voting against said Fropooal No. 11 That the No. 5 was 1469. That the was 6770. That the That the 6 was 1515. was 6790. That No. 7 was 1511. That was 6619. 8 was 1455. was 6911. 8 was 1591. was 6593, 10 was 1539. was 6005. 11 was 1536. was 6598. That That That That That That That That BE IT FURIHE Pied electors of said 11 inclusive, did not of said City voting on fication of the same, proved. R RESOLVED, DETERMINED AND DECLARED that a majority of quail- City of Alameda voting on each of said Proposals, Nos. 1 to vote in favor thereof; that a majority of qualified electors each of said Proposals voted against the adoption and rati- and that each of said Proposals was and is not ratified or ap- * * * 1, the undersigned, hereby and regularly introduced and adopted journed regular meeting assembled on vote, to zit: AYES: Councilmen Godfrey, NOES: None, certify that the foregoing Resolution was duly by the Council of the City of Alameda in ad- the ist day of September, 1936, by the following Morris, Weichhart and Acting President Esoten,(4) ABSENT: None, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the dfficial seal of said City this 3rd day of September, 1936. (SEAL) LOREME a. BEATIE Deputy City Clerk of the Ca y of Alameda I hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 2091, DECLARING THE RESULT OF THE SPECIAL ELECTION REM) IN THE CITY OF ALi6ISDA ON TUESDAY, AUGUST 25, 1935, FOR THE PURPOSE OF SUBMITTING CERTAIN PRO- POSALS FOR AMENDING THE CHARTER OF SAID CIT171, introduced and adopted by the Council of the City of Alameda on September lot, 1936.