Resolution 05890RESOLUTION NO. 5890
RESOLUTION OF THE COUNCIL OF THE CITY OF ALAMEDA
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ALAMEDA ON THE MOTION OF THE CITY COUNCIL; CALLING A
SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION IN THE
CITY OE ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORS OF SAID CITY A PROPOSAL TO AMEND THE CHARTER
OF SAID CITY, VIZ; BY AMENDING SECTION 2-1 AND SECTION
2-3 OF ARTICLE II, ADDING SECTION 3-20 TO ARTICLE III,
AND BY ADDING SECTION 7-13 TO ARTICLE VII, OF SAID
CHARTER, ALL RELATING TO CHANGE OF STATUS OF TEE OFFICES
OF CITY AUDITOR, EX-OFFICIO ASSESSOR, AND CITY TREASURER,
EX-OFFICIO TAX COLLECTOR, AS FOLLOWS: PROVIDING THAT
SAID OFFICES BF APPOINTIVE BY THE CITY MANAGER RATHER
THAN ELECTIVE, THAT THE INCUMBENTS BF RETAINED UNTIL
THE END OF THEIR PRESENT TERM OF OFFICE, THAT SUCH
OFFICES MAY BE CONSOLIDATED THEREAFTER BY THE CITY
MANAGER, THAT TEE DUTIES OF SAID OFFICERS SHALL BE SET
OUT BY ORDINANCE OR RESOLUTION 02 THE COUNCIL. RATHER
THAN EY CHARTER PROVISION AFTER TEE THIRD TUESDAY OF
APRIL, 1961; FIXING THE DATE OF SAID ELECTION, THE
MANNER OF HOLDING THE SAME, AND PROVIDING FOR NOTICE
THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL
CHARTER AMENDMENT ELECTION WITH THE GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON MARCH 10, 1959.
IESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA as follows:
SECTION 1. The Council of the City of Alameda hereby proposes on its own
motion to amend the Charter of the City of Alameda by amending Section 2-1 and Sec-
tion 2-3 of Article II, adding Section 3-20 to Article III, and adding Section 7-13
to Article VII, of said Charter, all to read as set forth in the notice entitled
"Proposed Amendments to the Charter of the City of Alameda" hereinafter set forth in
Section 3 of this resolution.
SECTION 2, The Council of the City of Alameda hereby proposes to and does
hereby on its own motion submit to the qualified electors of the City of Alameda, at
the special municipal charter amendment election hereinafter provided for, a proposal
to amend the Charter of the City of Alameda set forth in said notice hereinafter set
forth in Section 3 of this resolution and designates and refers to said proposal as
the proposal to be set forth in the form of ballot hereinafter prescribed for use at
said special municipal charter amendment election.
SECTION 3. The City Clerk of tha City of Alameda is hereby ordered and
directed to cause said proposed amendments to the Charter of the City of Alameda to
be published once, not less than forty (40) and notal ore than sixty (60) days prior
to the date of the special municipal charter amendment election hereinafter provided
for, in the ALAMEDA TIMES-STAR, the official newspaper of said City, and in each
edition thereof during the day of publication, said newspaper being a newspaper of
general circulation published at least six days a week in said City of Alameda; and
such publication may be in substantially the following form:
PROPOSED AMENDMENTS
to
THE CHARTER
of the
CITY OF ALAMEDA
Special Municipal Charter Amendment Election Marob 10, 1959
(Consolidated with General Municipal Election)
The Council of the City of Alameda hereby proposes on its own motion to
amend the Charter of the City of Alameda
1. By amending Section 2-1 of Article II thereof, to read as follows:
Sec. 2-1. The following elective offices are hereby estab-
lished: Five Councilmen, who shall constitute the Council,
2. By amending Section 2-3 of Article II thereof, to road as follows:
Sac. 2-3. The following offices are hereby established and
the incumbents thereof shall be appointed by and hold office at the
pleasure of the City Manager: Chief of Police; Chief of the Fire
Department; Health Officer; City Physician; City Engineer; Superin-
tendent of Streets; City Planning Director; City Auditor, who shall
be ex-officio Assessor; City Treasurer, who shall be ex-officio Tax
Collector; provided, however, that the incumbents of the Auditor's
and Treasurer's offices, who hold said offices on the data of rati-
fication of this amendment, shall continue to hold such office for
the same compensation until the third. Tuesday of April, 1961; and
further provided, in the event such office should te vacated for any
430
reason whatsoever prior to the date set out above, the vacancy in
such office stall be filled as provided for in Section 2-7 of the
Charter of the City o f Alameda,
3. By adding Section 3-20 to Article III thereof, which shall read as
follows:
Sec. 3-20. Article IV and V of the Charter of the City of
Alameda are declared to be, and are hereby, repealed. as of the
third Tuesday of April, 1961.
The Council shall provide, by ordinance or resolution, for
the respective duties of the City Auditor, ex-officio Assessor,
and the City Treasurer, ex-officio fax Collector; said ordinance
or resolution to be effective on the third Tuesday of April, 1961.
4. By adding Section 7-13 to Article VII thereof, which shall read as
follows:
See. 7-13. The City Manager shall appoint a City Auditor,
who shall be ex-officio Assessor; and a City Treasurer, who shall
be ex-officio Tax Collector, on or after the third Tuesday of
April, 1961; provided, the City Manager may consolidate the offices
of Auditor, ex-officio Assessor; and Treasurer, ex-officio Tax
Collector. In the event of such consolidation the salary limita-
tions set out in Section 2-4 of this Charter relating to such
officers shall be inapplicable.
The Council of the City of Alameda hereby proposes to and does hereby on
its own motion submit to the qualified electors of the City of Alameda at a special
municipal charter amendment election to be held in said City of Alameda on Tuesday,
March 10, 1959 (which said election. will be consolidated with the General Municipal
Election to be held March 10, 1959), the following proposal to amend said charter
by amending Section 2-1 and Section 2-3 of Article II, by adding Section 3-20 to
Article III, and by adding Section 7-13 to Article VII thereof, as follows:
AMENDMENT TO TEE CHARTER OF THE CITY CF ALAMEDA
MEASURE A
Shall the Charter of the City of Alameda be amended
to provide that the offices of City Auditor, ex-officio
Assessor; and City Treasurer, ex-officio fax Collector,
be appointive by the City Manager rather than elective;
provided, that the incumbents of such offices shall be
retained until the end of their present term of
office; provided, further, that such offices may
be consolidated by ths City Manager thereaftar?
Said amendment also provides for the repeal of
Articles IV and V of Charter relating to the
duties of the above respective officers and
requires the Council, by ordinance or resolution,
to set out the duties to be attached to the
respective offices. Said amendment will be
accomplished by amending Sec. 2-1 and Sec. 2-3
of Article 11, by adding Sec. 3-20 to Article
III, and by adding Sec. 7-13 to Article VII,
of said Charter, all as fully set forth in
Resolution No. 5690 of the Council of the City
of Alameda.
. YES
NO
I hereby certify that the foregoing charter amendment proposal was
ordered submitted to the qualified electors of the City of Alameda by the Council
of the City of Alameda.
Dated: January 20, 1959.
SHIRLEY H. TENNIER
City Clerk of the City of Alameda
SECTION 0. (a) A special municipal charter amendment election is hereby
called to be held in tha City of Alameda on Tuesday, March 10, 1959 for the purpose
of submitting to the qualified electors of said City said proposal sot forth. in Sec-
tion 3 of this resolution tc amend the Charter of said City as in said proposal and
in this resolution provided and as hereby submitted by the Council of the City of
Alameda on its own motion.
(b) Said special municipal charter amendment election hereby called shall
be held and conducted, and the votes thereat canvassed and the returns thereof made,
and the results thereof ascertained and determined as herein provided, and in all
particulars not prescribed in this resolution, said special municipal charter amend-
ment election shall be held as provided for in the Charter of said City and in all
particulars not provided for therein said election shall be held as provided by law
for the holding of special municipal elections in the City of Alamnda, and otherwise
in accordance with the Elections Coda of the State of California.
(c) All persons qualified to vote at municipal elections in said City of
Alameda on the day of the election herein provided for shall be qualified to vote
upon said amendment hereby proposed by the Council of the City of Alameda on its own
motion and submitted at said special municipal charter amendment election.
(d) The polls at the polling places hereinafter designated for said special
municipal amendment election shall be opened at 7:00 a. m. (P.S.T.) of said day of
election, and shall be kept open continuously thereafter until 7:C0 p.m. (P.S.T.) of
said day of election, when the polls shall be closed (except as provided in Section
..,7311- of the Elections Code), and the election officers shall thereupon proceed tc
canvass the ballots cast thereat.
(e) Said special municipal charter amendment election shall be and is
hereby consolidated with the General Municipal Election to be held in said City of
Alameda on the date of 1d special municipal charter amendment election hereby called,
and the election precincts, polling places and voting booths shall in every case be
the same, and there shall be only one set of election officers in each of said pre-
cincts; and the precincts, polling places and officers of election for said special
municipal charter amendment election shall ba the same as those to be selected and
designated by the Council of said City for said General Municipal Election in said
City of Alameda by resolution, to which resolution reference is hereby made for a
designation of the precincts, polling places and election officers for the special
municipal charter amendment election hereby called.
(f) Only one form of ballot shall be used at said General Municipal Election
and said Special Municipal Charter Amendment Election hereby consolidated therewith,
which, in addition to all other matters required by law to he printed thereon, shall
state the measure set forth in Section 3 hereof.
(o) Each voter may vote on the proposed Charter amendment. To vote in
favor of the proposal to amend the Charter of the City of Alameda a voter shall
stamp a cross (X) in the blank space opposite the word "YES" on the ballot to the
right of the proposal, and to vote against said proposal a voter shallstamp a cross
(XI In the blank space opposite the word "NO" on the ballot to the right of said pro-
posal. The votes cast for and against the proposed charter amendment shall be
counted separate and apart from all other measures to be submitted at the special
municipal charter amendment election hereby called for the purpose of submitting said
charter amendment, and if a majority of the qualified voters 'acting on the proposed
charter amendment vote in favor thereof, such charter amendment shall be deemed
ratified.
(h) The returns of said election shall be made out and signed by the
election officers and shall. be by them deposited with the City Clerk, together with
the ballots cast at said election; and this Council shall meet at its usual meeting
place and canvass said returns on Tuesday, the 17th day of March, 1959, at the hour
of 7:30 p.m. (P.S.T.) and declare the result of said election.
SECTION 5. Said proposed amendment set forth in Section 3 hereof shall be
set forth in the election proclamation and notice of General Municipal Election and
Special Municipal Charter Amendment Election to be held on Tuesday, March 10, 1959,
to he published in the time and form required by Section 19-9 of Article XIX of the
Charter of the City of Alameda.
SECTION 6. The City Clerk of the City of Alameda is hereby authorized
and directed (1) to cause copies of the text of said proposed charter amendment to
be printed in convenient pamphlet form and in type of not less than ten-point and to
Cause copies thereof to be mailed to each of the qualified electors of said City, and
(2) until the day fixed for said special municipal charter amendment election to
advertise daily in the ALAMEDA TIMES-STAR, a newspaper of general circulation in said
City, a notice that copies of said pamphlet may be had on application therefor. Said no-
tice shall he in substantially the following form:
NOTICE OF AVAILABILITY 00 CHARTER AMENDMENT
NOTICE IS HERESY GIVEN to the qualified electors of tha City of Alameda
that pamphlet copies of the Amendment, proposed by the City Council on its own
motion, to the Charter of the City of Alameda by amending Section 2-1 and Section 2-3
of Article II, by adding Section 3-20 to Article III, and adding Section 7-13 to
Article VII thereof, all relating to change of status of the offices of City Auditor,
ex-officio Assessor, and City Treasurer, ex-officio fax Collector, as follows: Pro-
viding that said offices be appointive by tha City Manager rather than elective, that
the incumbents be retained until the end of their present term of office, that such
offices may be consolidated thereafter by the City Manager, that the duties of said
officers shall be set out by ordinance or resolution of the Council of the City of
Alemoda rather than by charter provision, after the third Tuesday of April, 1961, are
on file in the office of the City Clerk, City Hall, Alameda, California, and may be
had upon application therefor.
SHIRLEY H. TENNIER
Shirley H. Tennier
City Clark of the City of Alameda,
California
* * * * * * * * *
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted by the Council of the Clty of Alameda in regu-
lar meeting assembled on the 20th day of January, 1959, by the following vote,
to wit:
AYES: Councilmen Colliechcnn, Freeman, Petersen, Schacht and
President McCall, (5).
NOES: None.
ABSENT.: None.
IN WITNESS WHEREOF, I have hereunto sot my hand and affixed the official
seal of said City this 21st day of January, 1959.
SHIRLEY H. TENNIER
(9EAL) City Clerk of the C1ty of Alameda
* * * * * * * * *
I hereby certify that the foregoing is a full, true and correct copy of
"Resolution No. 5090, RESOLUTION OF THE COUNCIL OF THE CITY OF ALAMEDA PROPOSING AN
AMENDMENT TO THE CHARTER OF THE CITY OF ALAMEDA ON THE MOTION OF THE CITY C OUNCIL;
CALLING A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION IN THE CITY OF ALAMEDA FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY A PROPOSAL TO AMEND THE
CHARTER OF SAID CITY, VIZI BY AMENDING SECTION 2-1 AND SECTION 2-3 OF ARTICLE II,
ADDING SECTION 3-20 TO ARTICLE III, AND BY ADDING SECTION 7-13 TO ARTICLE VII, OF
SAID CHARTER, ALL RELATING TO CHANGE OF STATUS OF THE OFFICES CF CITY AUDITOR, EX-
OFFICIO ASSESSOR, AND CITY TREASURER, EX-OFFICIO TAX COLLECTOR, AS FOLLOWS: PRO-
VIDING THAT SAID OFFICES BE APPOINTIVE BY THE CITY MANAGER RATHER THAN ELECTIVE,
THAI' THE INCUMBENTS BE RETAINED UNTIL, THE END OF THEIR PRESENT TERM OF OFFICE,
THAT SUCH OFFICES NAY BE CONSOLIDATED THEREAFTER BY THE CITY MANAGER, THAT THE DUTIES
OF SAID OFFICERS SHALL BE SET OUT 3Y ORDINANCE OR RESOLUTION OF THE COUNCIL RATHER
THAN BY CHARTER PROVISION AFTER THE THIRD TUESDAY OF APRIL, 1961; FIXING THE DATE' OF
SAID ELECTION, THE MANNER OF HOLDING THE SAME, AND PROVIDING FOR NOTICE THEREOF; AND
CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE GENERAL,
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MARCH 10, 1959," introduced and adopted
by the Council on the 20th day of January, 1959.
City Clerk,
City o Alametla