Resolution 09225CITY OF ALAMEDA RESOLUTION NO. 9225
PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF
ALAMEDA UPON 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 '
VIZ: (1) BY AMENDING SECTIONS 2-1 AND 2-3 THEREOF,
ADDING SECTIONS 2-15, 17-14, 17-15 AND 17-16 THERETO
AND REPEALING ARTICLES IV AND V TO ABOLISH THE
OFFICES OF AUDITOR AND TREASURER AND ESTABLISH THE
OFFICE OF FINANCE DIRECTOR, AND (2) BY AMENDING
SECTION 19-2 TO PERMIT CONSOLIDATION OF CITY'S
V GENERAL ELECTIONS WITH AN ELECTION OF ANOTHER
GOVERNMENT AGENCY; FIXING DATE OF SAID ELECTION,
MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE
THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL
CHARTER AMENDMENT ELECTION WITH THE PRIMARY ELECTION
OF THE STATE OF CALIFORNIA TO BE HELD ON TUESDAY,
JUNE 3, 1980
BE IT RESOLVED BY THE COUNCIL OF T CITY OF ALAMEDA as
Section 1. The Council of the City of Alameda hereby
Uproposes on its own motion to amend the Charter of the City of
b Alameda by (a) adding Sections 2-15, 17-14, 17-15 and 17-16
Itthereto, (b) amending Sections 2-1, 2-3 and 19-2 thereof, and
(c) repealing Articles IV and V thereof, all to read as set forth
p, in the printed pamphlet provided for in Section 6 hereof, and in
1the notice entitled, "Proposed Amendments to the Charter of the
uCity of Alameda hereinafter set forth in Section 3 hereof.
Section 2. The Council of the City of Alameda hereby
hproposes to and does hereby on its own motion submit to the
hqualified electors of the City of Alameda, at the Special
Municipal Charter Amendment Election hereinafter provided for,
h a proposal to amend the Charter of the City of Alameda set forth
Vin said notice hereinafter set forth in Section 3 of this resolu-
ltion and designates and refers to said proposal as the proposal
1 to be set forth in the form of ballot hereinafter prescribed for
.1.se at said Special Election.
U Section 3. The City Clerk of the City of Alameda is
hhereby 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
Odate of the Special Election hereinafter provided for, in the
pALAMEDA TIMES-STAR, the official newspaper of said City, and in
leach edition thereof during the day of publication, said newspaper
Ubeing a newspaper of general circulation published at least six
Odays a week in said City of Alameda; and such publication may be
Vin substantially the following form:
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PROPOSED AMENDMENTS
THE CHARTER
of the
CITY OF ALAMEDA
Special Municipal Charter Amendment Election June 3, 1980
Consolidated with Primary Election of the State of California
The Council of the City of Alameda hereby proposes on its
wn motion to amend the Charter of the City of Alameda:
A -1. By amending Section 2 -1 to read:
Sec. 2 -1. The following elective officers are
hereby established: The Mayor' and four Councilmen, who
shall constitute the Council:
(Effect: Would eliminate, "Auditor, who> shall be ex-
officio Assessor, Treasurer, who shall be ex - officio
Tax Collector .")
A -2. By amending Section 2 -3 to read:
Sec. 2 -3. The following offices are hereby estab-
lished 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; Superintendent of
Streets, City Planning Director, Finance Director.
(Effect: Would add "Finance Director." Otherwise
unchanged
A-3. By adding Section 2 -15
ead:
Sec. 2-15. Appointment of the Finance Director
shall be subject to the approval of the City Council.
The Finance Director shall:
(A) Perform all those duties of Auditor, Assessor,
Treasurer and/or Tax Collector established by law
and not the responsibility of another government
agency.
accounting, bookkeeping and
he City.
(C) Be covered by, an 0
Subsection 3 -7(E)
provided in
(Effect: Would require approval of the appointment of
the Finance Director by the City Council, establish the
duties of the position, and require an official bond.)
A -4. By repealing Article IV in its entirety.
(Effect: Would remove the position of Auditor- Assessor
from the Charter.) Note: Some sections are renumbered
below.
A -5. By repealing Article V in its entirety, effective
on the third Tuesday of the month following the
next general municipal election, or upon the voluntary
resignation or retirement of the incumbent Treasurer,
whichever comes first.
(Effect: Would remove the position of Treasurer -Tax
Collector from the Charter.) Note: Some sections are
renumbered below.)
A -6. By, adding Section 17 -14 to read:
Sec. 17 -14. No contract required to be in writing
and imposing' any financial obligation upon the City shall
be binding or of any force unless the Finance Director
shall - endorse r: thereon his certificate that there remains
an unexpended and unapplied balance of the appropriation
or fund applicable thereto sufficient to pay and fully
discharge the City's obligation under such contract as
certified by the Board or Officer making the same. All
sums of> money ' represented by such endorsements outstanding
shall be used for no other purpose except the payment and
discharge of the respective contracts so endorsed.
(Effect° Would renumber Section 4 -7 to 17 -14 and change
"Auditor" to "Finance Director."
A -7. By adding Section 17 -15 to read:
Sec. 17 -15, All demands for the payment of funds
shall be approved by the Finance Director. No demand shalll
be approved unless it is made upon appropriations authorized
therefor and there are sufficient moneys otherwise un
appropriated in the fund against which the payment of the t
demand is made.
(Effect: Would combine Sections 4 -5 and 4-6 and renumber
them Section 17 --15, and change "Auditor" to "Finance
Director."
A -8. By adding Section 17 -16 to read:
Sec. 17 -16. The Finance Director' shall approve the
receipt of all moneys. All moneys received shall be
posted to the fund for which their appropriation has been
authorized.
(Effect: Would renumber Section 5 -3 to Section 17 -16 and
changes "Treasurer" to "Finance Director.") Note. This
section would become effective on the third Tuesday of
the month following the next general municipal election,
or upon the voluntary resignation or retirement of the
incumbent Treasurer,
B -9. By amending Section 19 -2 to read:
Sec. 19 -2. A General Municipal Election shall be
held bi- annually on a day speci_fied therefor by general.
law, or, if a different date would permit consolidation
with another government agency's election, on a date set
by resolution of the City Council, in each odd numbered
year All other municipal elections shall be Special
Municipal Elections. A Special Municipal Election may be
called by ordinance or by resolution of the Council.
(Effect: No change in effect but would clarify present
ability to consolidate with other districts.)
V
The Council of the City of Alameda hereby proposes to and
'k 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, June 3, 1980 (which said election
will be consolidated with the Primary Election of the State of
California to be held on June 3, 1980), the following proposals
to amend the Charter of the City of Alameda, in the manner here-
,"
inabove specifically set forth, as follows:
AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA
MEASURE A
Shall the Charter of the City of Alameda be
amended to provide for the abolition of the
ik elective offices of Auditor and Treasurer
and establishment of the office of Finance
Director to be appointed by the City
ilManager, subject to approval by the City
V Council, said officer to perform the
0, duties designated in said Charter and by
r ordinance for those offices to be abolished?
N Said amendment will be accomplished by
amending Sections 2-1 and 2-2 of and adding
Section 2-15 to Article II, by repealing
Article iv in its entirety, by repealing
• Article V in its entirety on the third Tuesday
of the month following the next general
ki municipal election or upon resignation or
retirement of the incumbent Treasurer, and
by adding Sections 17-14, 17-15 and 17-16 to
Article XVII, all as fully set forth in
Resolution No 9225 of the Council of the
• City of Alameda.
MEASURE B
. NO
p• Shall the Charter of the City of Alameda be
✓ amended to permit consolidation of City's .............
kk
k
'General Municipal Elections with an election
YES
0 of another government agency? Said
' .
l'amendment will be accomplished by amending . .
V.............
kk
k' Section 19-2 of Article XIX of said charter, i NO i
0 all as fully set forth in Resolution No 9225
of the Council of the City of Alameda. .............
. .
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I hereby certify that the foregoing Charter amendment
11 proposals were ordered submitted to the qualified electors of
II the City of Alameda by the Council of the City of Alameda.
Dated: February 6, 1980
Section 4. (a) A Special Municipal Charter Amendment
Election is hereby called to be held in the City of Alameda on
Tuesday, June 3, 1980, for the purpose of submitting to the
qualified electors of said City said proposals set forth in
Section 3 of this resolution to amend the Charter of said City
as in said proposals and in this resolution provided and as
hereby submitted by the Council of the City of Alameda on its
own motion.
(b) Said Special Election hereby called shall be held
and conducted, and the votes thereat canvassed and the returns
pthereof made, and the results thereof ascertained and determined
as herein provided, and in all particulars not prescribed in this
resolution, said Special 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 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 pro-
vided for shall be qualified to vote upon said amendments hereby
i:proposed by the Council of the City of Alameda on its own motion
and submitted at said Special Election.
(d) The polls at the polling places hereinafter designated!
for said Special Election shall be opened at 7:00 a.m, of said
0day of election, and shall be kept open continuously thereafter
iuntil 8:00 p.m. of said day of election when the polls shall be
closed (except as provided in Section 14301 of the Elections
0,Code), and the election officers shall thereupon proceed to
:.;process the ballots cast thereat.
(e) Said Special Election shall be and is hereby consoli-
dated with the Primary Election of the State of California to be
held in said City of Alameda on the date of said Special 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 Election shall be the same as those to be selected and
ddesignated by the Board of Supervisors of the County of Alameda,
qState of California, for said Primary Election of the State of
l!California in said City of Alameda by resolution or ordinance of
the aforesaid Board of Supervisors relating to the holding and
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conducting of the Primary Election of the State of California, to
which resolution or ordinance reference is hereby made for a
designation of the precincts, polling places and election offi-
cers for the Special Election hereby called.
(f) only one form of ballot shall be used at said Primary
Election of the State of California and said Special Election
hereby consolidated therewith, which, in addition to all other
matters required by law to be printed thereon, shall state the
measures set forth in Section 3 hereof.
(g) Each voter may vote on any or more of the pro-
posed Charter amendments. To vote in favor of a proposal toamend4
;the Charter of the City of Alameda a voter shall so indicate in 1
;l 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
also indicate in the blank space opposite the word NO on the
;ballot to the right of said proposal. The votes cast for and
€x against the proposed charter amendments shall be counted separate
s and apart from all other measures to be submitted at the Special
"4 Election hereby called for the purpose of submitting said charter
amendments, and if a majority of the qualified voters voting on
a proposed charter amendment vote in favor thereof, such charter
amendment shall be deemed ratified.
(h) The returns of said election shall be canvassed, made ,
ut and signed by the election officers so designated by the Board
4 o Supervisors, County of Alameda, and the results thereof
`transmitted to the City Clerk of Alameda, and City Council thereof;
who shall declare the result thereof in accordance with the
Charter of the City of Alameda and the laws of the State of
California.
Section 5. Said proposed amendments set forth in Section 31
1! hereof shall be set forth in the election proclamation and notice
ltof the Special Election consolidated with the Primary Election of
the State of California to be held on Tuesday, June 3, 1980, to
a be published in the time and form required by Section 22835 of
the Elections Code of the State of California.
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 amendments to be printed in convenient pamphlet
!form and to cause copies thereof to be mailed to each of the
xqualified electors of said City,' and (2) until the day fixed for
said Special Election to advertise daily in the ALAMEDA TIMES -STAR1
°a newspaper of general circulation in said City, a notice that
ycopies of said pamphlet may be had on application therefor. Said
(notice shall be in substantially the following form:
NOTICE OF AVAILABILITY OF CHARTER AMENDMENTS
NOTICE IS HEREBY GIVEN to the qualified electors of the
$(City of Alameda that pamphlet copies of the amendments, proposed
?!by the City Council on its own motion, to the Charter of the City
11 of Alameda (a) adding Sections 2 -15, 17 -14, 17 -15 and 17 -16
klthereto, (b) amending Sections 2 -1, 2 -3 and 19 -2 thereof, and
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(c) repealing Articles IV and V thereof, 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 be had on application there-
for.
D EN S
City Clerk of the City
California
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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 5th day of February, 1980,
by the following vote, to wit:
AYES: Councilmen Diament, Stone,-Tillman and
President Corica, (4).
NOES: None.
ABSENT: Councilman Sherratt - 1
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 6th day of February, 1980.
Ci y Clerk of Alameda