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Resolution 07721128 CITY OF ALAMEDA RESOLUTION NO. 7721 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 AMENDING SECTION 2-5 THEREOF TO PROVIDE THAT EMPLOYEES OF THE CITY SHALL RESIDE WITHIN THE CITY OR WITHIN SUCH DISTANCE OF THE CITY LIMITS THEREOF AS THE COUNCIL MAY BY ORDINANCE PRESCRIBE; 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, 1971 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 own motion to amend the Charter of the City of Alameda by amending Section 2-5 thereof, to read as set forth in the notice entitled, "Proposed Amendment 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 amend- ment 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 the City of Alameda is hereby ordered and directed to cause said proposed amendment 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 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 AMENDMENT to THE CHARTER of the CITY OF ALAMEDA Special Municipal Charter Amendment Election March 9, 1971 (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 by amending Section 2-5 thereof, to read as follows: Sec. 2-5. No person shall be qualified to be elected or appointed to any of the elective offices hereinabove set forth unless he shall have been an elector of the City of Alameda for a period of three years continuously next preceding his election. Every officer of the City referred to in Section 2-12 of this Charter shall be a resident of the City during his tenure of office. Employees of the City, other than such officers, shall reside within the City, or within such distance of the City limits thereof as the Council may by ordinance prescribe. (Note: under- scored words indicate portion of Section to be amended; present Section provides such employees shall reside within the City or within "fifteen miles of the City limits thereof.") 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 be held in said City on Tuesday, March 9, 1971 (which said election will be consolidated with the General Municipal Election to be held on March 9, 1971), the following proposal to amend said Charter, in the manner here- inabove 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 to provide that employees of the City (other than certain officers thereof who are required to reside in the City) shall reside within the City or within such distance of the City limits as the City Council shall prescribe by ordinance? The Charter presently requires such employees to reside within the City or within fifteen miles of the City limits. Said amendment will be accomplished by amending Section 2-5 of said Charter, all as fully set forth in Resolution No. 7721 of the Council of the City of Alameda. YES NO 129 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 , 1971. IRMA L. NELSON City Clerk of the City of Alameda SECTION 4. (a) A special municipal charter amendment election is hereby called to be held in the City of Alameda on Tuesday, March 9, 1971 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 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 muni- cipal charter amendment election shall be held as provided for in the Charter of said City and in all parti- culars 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. (P.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 be 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 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 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 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 16th day of March, 1971, 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 9, 1971, 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 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 notice shall be in substantially the following form: NOTICE OF AVAILABILITY OF CHARTER AMENDMENT NOTICE 15 HEREBY SIVEN 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 by amending Section 2-5 thereof, to provide that employees of the City shall reside within the City or within such distance of the City limits thereof as the City Council may prescribe by ordinance, are on file in the office of the City Clerk, City Hall, Alameda, California, and may be had on application therefor. IRMA L. NELSON 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 19th day of January, 1971, by the following vote, to wit: AYES: Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of January, 1971. (SEAL) IRPMA L. NELSON 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. 7721, 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 AMENDING SECTION 2 -5 THEREOF TO PROVIDE THAT EMPLOYEES OF THE CITY SHALL RESIDE WITHIN THE CITY OR WITHIN SUCH DISTANCE OF THE CITY LIMITS THEREOF AS THE COUNCIL MAY BY ORDINANCE PRESCRIBE; 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, 1971," introduced and adopted by the Council of the City of Alameda on the 19th day of January, 1971. City Clerk of the City of Alameda