Resolution 06726CITY OF ALAMEDA RESOLUTION NO. 5726
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ALAMEDA
ON MOTION OF THE CITY COUNCIL; CALLING A SPECIAL MUNICIPAL
CHARTER AMENDMENT ELECTION IN THE CITY OF ALAMEDA FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF A PROPOSAL TO
AMEND SAID CHARTER, VIZ: BY (a) AMENDING SECTIONS 2-5, 2-6,
2-7, 2-8, 2-11, 3-7(A), 3-9, 3-14, 3-15, 3-15, 7-2(D), 8-1,
17-2 and 17-3 THEREOF; (8) REPEALING SECTIONS 2-12, 17-4,
17-5, AND ENTIRE ARTICLES XIX, XX AND XXI1,' THEREOF; (c) ADDING
SECTIONS 17-14, 19-1, 19-2, 19-3, 20-1 AND 24-1 THERETO; 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 9 1965.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA as follows:
SECTION 1. The Council of the City of Alameda hereby proposes on its on motion to amend
the Charter of the City of Alameda by (a) amending Sections 2-5, 2-6, 2-7, 2-8, 2-11, 3-7(A), 3-9,
3-14, 3-15, 3-18, 7-2(D), 8-1, 17-2 and 17-3 thereof; (b) repealing Sections 2-12, 17-4, 17-5, and
entire Articles XIX, XX and XXIV thereof; (o) adding Sections 17-14, 19-1, 19-2, 19-3, 20-1 and
24-1 thereto, all to read as set forth in the printed pamphlet provided for in Section 6 hereof., and
in the notice entitled, 'Proposed Amendments to the Charter of the City of Alameda", hereinafter set
forth in Section 3 hereof.
SECTION 2. The Council of the City of Alameda hereby proposes to and does hereby on its
on 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 ac said special municipal charter amendment election.
SECTION 3. The City Clerk of the 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 not more than sixty (60) days prior to the date of the special municipal charter
amendPient 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 news-
paper of general circulation published at least six days a week in said City of Alameda; and such
publication may he in substantially the following form:
PROPOSED AMENDMENTS
to
THE CHARTER
of the
CITY OF ALAMEDA
Special Municipal Charter Amendment Election March 9, 1965
(Consolidated with General Municipal Election)
The Council of the City of Alameda hereby proposes on its own motion to amend INC Charter
of the City of Alameda.
1. By amending Section 2-5 of Article II thereof, to read es follows:
Sec. 2-5. No person shall be eligible for or continue to hold elective office,
either by election or appointment, unless he is a citizen of the United States and
shall have been an elector of the City or of territory lawfully consolidated or
annexed thereto, for at least three years continuously next preceding his election or
appointment, and continuously during his incumbency.
2. By amending Section 2-6 of Article II thereof, to read as follows:
Sec. 2-6. The term of each elective officer shsll commence at 7:30 o'clock p.m.
on the Tuesday next following the general municipal election at which such officer
was elected and continue for four years thereafter and until his successor is
elected and qualified.
3, By amending Section 2-7 of Article II thereof, to read as follows:
Sec. 2-7. Every vacancy in an elective office, arising otherwise than as pro-
vided in Article XX, shall be filled by the Council. In the event that vacancies
exist in a majority of the offices of Councilmen, such vacancies shall be filled by
a board consisting of the remaining Councilmen, if any, and the following persons
selected in the order named, sufficient to constitute a board of three; the presiding
judge of the municipal court serving the City, or its successor under State law; the
president of the Public Utilities Board; the president of the Board of Education.
After any vacancy in the office of Councilman has continued for 45 days the three persons
last mentioned in the foregoing sentence, acting as a hoard, shall have the sole power,
acting by majority vote, to fill such vacancy.
4. 8y amending Section 2-8 of Article II thereof, to read as follows:
4 C;
Sec. 2-8. The term of any person appointed to fill e vacancy in an elective
office shall continence upon appointment and qualification, and continue until the next
General Municipal Election, at which election a successor Shall be elected to serve
for the remainder of the unexpired term.
5. By amending Section 2-11 of Article II thereof, to read as follows:
Sec. 2-11, In addition to elective officers and the City Manager, the officers
of the City shall be the City Attorney, the City Clerk, and such department heads and
executive officers of boards as may be so designated by ordinance. Each officer shall
maintain residence in the City during his tenure.
6. By amending Section 3-7(A) of Article III thereof, to read as follows:
Sec. 3-7. The Council shall:
(A) Meet. at 7:30 o'clock p.m. on the Tuesday next following the General Municipal.
Election, and organize by selecting from its membership a Mayor, who shall be the
President of the Council, and a Vice President of the Council, whose terms shall commence
upon selection and continue until the selection and qualification of their successors
following the next General Municipal Election.
7. By amending Section 3-9 of Article III thereof, to read as follows:
Sec. 3-9. No member of the Council or of any hoard shall during his incumbency or
for one year thereafter be eligible for appointment to any eompensated office or employ-
ment for which he has or shares the power of appointment during such incumbency.
S. 3y amending Section 3-14 of Article III thereof, to read as follows:
Sec. 3-14. All ordinances shall be published once in the Official Newspaper within
five days after the same shall have been finally passed.
9. By amending-Section 3-15 of Article III thereof, to read as follows:
Sec. 3-15. When the expenditure required for the purchase of materials or supplies,
or for the making of public work or improvements. exceeds an amount as fixed by ordinance,
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 fer sealed proposals, which advertising shall be made at least five days prior
to the time for receipt of bids. Advertisements for bids may set Eorth 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.
10. By amending Section 3-18 of Article III thereof, to read as follows:
Sec. 3-18. The Council shall annually award a contract to the responsible bidder
w ho submits the lowest and best bid for publication of all legal advertising in the City
in a newspaper of general circulation, published in the City for a period of not less
than one year immediately preceding the making of such bid and having a paid circulation
of at least two thousand copies. Said newspaper shall be the official newspaper of the
City. The Council may reject proposals at rates exceeding those customarily charged by
the bidder for publication of legal notices of a private character. in the event no news-
paper meeting the requirements established herein is published in the City, or if any
proposal is rejected as provided above, the Council may award the contract to any news-
paper published in Alameda County which otherwise meets said requirements, or may provide
by ordinance for publication by posting in three or more designated public places Within
the City, either of which alternatives shall satisfy all requirements for advertising in
the official newspaper of the City. The Council may be ordinance designate the time and
conditions under which actions and matters requiring public notice in conforaaty with this
Charter or any ordinance enacted pursuant thereto shall be published.
11. By amending Section 7-2(0) of Article V11 thereof, to read as follow:
Sec. 7-2. The City. Manager shall have the power and it shall be his duty:
(0) To purchase or contract for equipment, materials, supplies or public works
required by the City, except as otherwise provided herein.
12. By amending Section 8-1 of Article Vial' thereof, to read as follows:
Sec. 8-1, The City Attorney shall have been, at the time of his appointment, regularly
admitted to the practice of law in the State of California.
13. By amending Section 17-2 of Article XVLT thereof, to read as follows:
Sec. 17-2. Not later than the lase day of the fiscal year, the Council shall adopt
a budget of proposed expenditures and anticipated revenues for the ensuing fiscal year,
failing which the appropriations for current operationa of the last fiscal year shall be
deemed effective until the new budget is adopted. The City Manager shall prepare and
present the budget in such form and manner as the Council may prescribe, conforming to
generally accepted municipal budget practices and procedures. The Council may subse-
quently amend the budget as in its judgment the needs of the City may require.
14. By amending Section 17-3 of Article XVIi thereof, to read as follows:
Sec. 17-3. Net later than the date set by State law for this purpose, the Council
shall fix the rate of property tax to be levied and levy the tax upon all taxable prop-
erty in the City. Such rate shall he adequate to meet all obligations of the City for
the current fiscal year, taking into account estimated revenue from all other sources.
L5. By repealing (a) Section 2-12 oa Article II, (b) Sections 17-4 and 17-5 of Article
XVII, and (c) entire Articles XIX, XX and XXIV thereof.
16. 3y adding Section 17-14 to Article XVII thereof, which shall read as follows:
Sec. 17-14, The Council may establish a procedure for refunds from current collec-
tions by administrative action of deposits, advances, overpayments, and fees and charges
paid to the City for services not subsequently rendered.
17. By adding Section 19-1 to Article XIX thereof, which shall read as follows:
Sec. 19-1. General Municipal Elections for the election of officers and for such
other purposes as the Council may prescribe shall be held in the City on the second
Tuesday in April of each odd-numbered year.
18. By adding Section 19-2 to Article XIX thereof, which shall read as follows:
Sec. 19-2. All other municipal elections that may be held by the authority of this
Charter or any law shall be known as Special Municipal .Elections.
19. By adding Section 19-3 to Article XIX thereof, which shall read as follows:
Sec. 19-3. Except as may be otherwise provided by this Charter or by ordnance,
declarations of candidacy, nominations for election, all elections and other procedures
relating thereto shall be in accordance with the applicable provisions of State law.
20. 3y adding Section 20-1 to Article XX thereof, which shall read as follows:
Sec. 20-1. Recall proceedings against any elected officer may be exercised by the
qualified electors of the City in the manner provided by general law.
21. By adding Section 24-1 to Article XXIV thereof, which shall read as follows:
Sec. 24-1. All of the provisions of this article previously appearing in this
Charter are hereby continued in force and in effect as an ordinance et the City; pro-
vided, that such ordinance may not he amended by the Council to impair any obligation
existing thereunder or eo divert to any other purpose any revenue expressly reserved
for the payment of principal and interest on any revenue bonds authorized and issued
pursuant Co the authority thereof. The foregoing providions shall be deemed to be self-
executing. The Council is hereby expressly authorized to exercise the powers vested by
law in any city to provide off-street vehicular parking facilities and to provide for
the financing thereof in whole or in part from revenues derived therefrom.
The Council of the City of Alameda hereby proposes to and does hereby on its own motion
submit to the qualified electors of said City at a special municipal charter amendment election to
he held in said City on Tuesday, March 9, 1965 (which said election will be consolidated with the
General Municipal Election to be held on March 9, 1965), the following proposal to amend said Charter,
in the manner hereinabove specifically set forth, as follows:
AMENDMENT TO THE CHARTER OF THE CITY OF ALAMEDA
MEASURE A
Shall the Charter of the City of Alameda be amended with respect to portions
or Articles If, III, VII, VIII, XVII, XIX, XX and XXIV thereof by: (a) .................
amending the following sections of said Charter: 2-5, 2-6, 2-7, 2-8. 2-11,
3-7(A), 3-9, 3-14, 3-15, 3-18, 7-2(D), 8-1, 17-2 and 17-3; (b) repealing YES .
the following sections of said Charter: 2-12, 17-6, 17-5, entire Article XIX, ........,........
entire Article XX, and entire Article XXIV; (c) adding the following sections .
to said Charter: 17-14, 19-1, 19-2, 19-3, 20-1 and 24-1, 511 as fully set forth . NO .
in Resolution No. 6726 of the Council of the City of Alameda? .................
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 5 , 1965.
SHIRLEY H. TENNIER
City Clerk of the City of Alameda
Section 4. (a) A special municipal charter amendment election is hereby called to he held
in the City of Alameda on Tuesday, March 9, 1965, for the purpose of submitting to the qualified
electors of said City said proposal set . forth in Section 3 of this resolution to 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 con-
ducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascer-
tained and determined as herein provided, and in ail particulars not prescribed in this resolution,
said special municipal charter amendment election shall he 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 Alameda, and otherwise in accordance with
the Elections Code 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 charter
amendment election shall be opened at 7:00 a.m. (U.S.T.) of said day of election, and shall be kept
open continuously thereafter until 7:00 p.m, (P.S.T.) of said day of election when the polls shall be
closed (except as provided in Section 14436 of the Elections Code), and the election officers shall
thereupon proceed to canvass the ballots cast thereat.
(e) Said special municipal charter amendment election shall be and is hereby consolidated
with the General Municipal Election to he held in said City of Alameda on the date of said 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 precincts; and the precincts, polling places and officers of election for said special.
municipal charter amendment election shall be 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 be printed thereon, shall state the measure set forth in Section 3
hereof.
(g) 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 e voter shall stamp a cross (X) in the blank apace opposite
the word "YES' on the ballot to the right of the proposal, and to vote against said proposal a voter
shall stamp a cross (X) in the blank space opposite the word "NO on the ballot to the right of said
proposal. 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 voting OR 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 16th day
of March, 1965, at the hour of 730 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 Amend-
ment Election to be held on Tuesday, March 9, 1965, to be published in the time and form required by
Section 19-9 of Article XIX of the Charter of the City of Alameda.
SECTION h. 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
fern and in type of not less than ten-point and to cause cnpies thereof to be mailed to each of the
qualified electors of said City, and (2) until the day fixed for said special municipal charter amend-
ment 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 notice shall be
in substantially the following form:
,OTICE OF AVAILAIIILITY OF CHARTER AMENDMENT
NOTICE IS HEREBY GIVEN to the qualified electors of the 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
(a) amending Sections 2-5, 2-6, 2-7, 2-8, 2-11, 3-7(A), 3-9, 3-14, 3-15, 3-18, 7-2(0), 8-1, 17-2 and 17-3
thereof; (b) repealing Sections 2-12, 17-4, 17-5, and entire Articles XIX, XX and XXIV thereof; and
(c) adding Sections 17-14, 19-1, 19-2, 19-3, 20-1 and 24-1 thereto, providing for various changes in
said Charter as specifically set forth in said pamphlet copies, which shall be mailed to each of the
qualified electors of said City, are on file in the office of the City Clerk, City Hall, Alameda,
California. Copies of said pamphlet are available in said office and may he had on application therefor.
SHIRLEY H. TENNIER
SHIRLEY H. TENNIER
City Clerk 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 City of Alameda in regular meeting assembled on the
3th day of January, 1965, by the following vote, to wit:
AYES: Councilmen La Croix, Jr „ McCall, Rose and President Godfrey, (4).
NOES: Councilman Freeman, (1).
ABSENT: None,
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of said
City this 6th day of January, 1965.
SHIRLEY H. TENNIER
(SEAL) City Clerk of the City of Alameda
* * * * * * * * **
I hereby certify that the foregoing is a full, true and correct copy of 'City of Alameda
Resolution No. 6726, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ALAMEDA ON MOTION OF THE
CITY COUNCTLT CALLING A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION IN THE CITY OF ALAMEDA FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF A PROPOSAL TO AMEND SAID CHARTER, VIZ; BY (a)
AMENDING SECTIONS 2-5, 2-1, 2-7, 2-8, 2-11, 3-7(A), 3-9, 3-14, 3-15, 3-18, 7-2(D), 8-1, 17-2 and 17-3
THEREOF; (h) REPEALING SECTIONS 2-12, 17-4, 17-5, AND ENTIRE ARTICLES XIX, XX AND XXLV THEREOF;
(c) ADDING SECTIONS 17-14, 19-1, 19-2, 19-3, 20-1 AND 24-1 THERETO; 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 TN SAID
CITY ON MARCH 9, L965," introduced and adopted by the Council on the 5th day of January, 1965.
4-1
JA "1/ )
City Clerk of4he City of Alameda