Loading...
Resolution 09264CITY OF ALAMEDA RESOLUTION NO. 9264 AMENDING RESOLUTIONS 9223 AND 9225 TO PROVIDE THAT THE OFFICE OF CITY TREASURER SHALL BE APPOINTIVE BY THE CITY MANAGER, SUBJECT TO APPROVAL BY THE CITY COUNCIL, RATHER THAN ELECTIVE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that Resolution No 9223, adopted February 5, 1980, is hereby amended by amending CHARTER AMENDMENT MEASURE A thereof to read as follows: CHARTER AMENDMENT MEASURE A Shall the Charter of the City of Alameda be amended to provide for the abolition of the elective offices of Auditor and Treasurer and establishment of the offices of Finance ............. Director and Treasurer to be appointed by YES the City Manager, subject to approval by . . the City Council, said officers to perform ' ............. the duties designated in said Charter and by ordinance for those offices to be abolished? . NO Said amendment will be accomplished by amending Sections 2-1 and 2-2 of and adding Sections 2-15 and 2-16 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 municipal election or upon resigna tion 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. 9264 of the Council of the City of Alameda. BE IT FURTHER RESOLVED that Resolution No. 9225, adopted February 5, 1980, is hereby amended by amending Sections 1, 3 and 6 thereof to read 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 (a) adding Sections 2-15, 2-16, 17-14, 17-15 and 17-16 thereto, (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 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 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 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 news- paper being a newspaper of general circulation published at least six days a week in said City of Alameda; and such publica- tion may be in substantially the following form: PROPOSED AMENDMENTS to 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 own 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 arnending 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 oE Streets; City Planning Director; Finance Director; and Treasurer. ( Effect: Would add "Finance Director" and "Treasurer." Otherwise unchanged.) A -3. By adding Section 2 -15 to read: 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 and /or Assessor, established by law and not the responsibility of another government agency. B) Perform the general accounting and bookkeeping duties for the City. ,(C) Be covered by an Official Bond as provided in Subsection 3-7(E (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 adding Section 2-16 to read: Sec, 2-16. Appointment of the Treasurer shall be subject to the approval of the City Council. The Treasurer shall: (A) Perform all those duties of Treasurer and/or Tax Collector established by law and not the responsi- bility of another government agency. (B) Perform the banking duties for the City, (C) Be covered by an Official Bond as provided in Subsection 3-7(E). (Effect: Would require approval of the appointment of the Treasurer by the City Council, establish the duties of the position, and require an official bond.) A-5. 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-6. 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-7. By adding Sect on 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 thereon his certificate that there remains an unexpended and urlaPPlied 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-8. By adding Section 17-15 to read: Sec. 17-15. A11 demands for the payment of funds shall be approved by the Finance Director. No demand shall be approved unless it is made upon appropriations authorized therefor and there are sufficient moneys otherwise unappropriated in the fund against which the payment of the demand is made. -3- A -9. 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 redraft the requirements of Section 5 -3.) B -10. By amending Section 19 -2 to read: Sec. -19 -2, A General Municipal Election shall be held bi- annually on a day specified 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.) 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, 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: S TO TEE CHARTER OF THE CITY 00 ALAMEDA MEASURE A Shall the Charter of the City of Alameda be amended to provide for the abolition of the elective offices of Auditor and Treasurer and establishment of the offices of Finance Director and Treasurer to be appointed by the City, Manager, subject to approval by the City Council, said officers to perform the duties designated in said Charter and by ordinance for those offices to be abolished? Said amendment will 'be accomplished -by amending Sections 2 -1 and 2 -2 of and adding Sections 2 -15 and 2 -16 to Article II, by repealing ,Article IV in ifs entirety, by repealing Article V in its entirety on the third Tuesday of the month following the next general municipal election or upon resigna- tion 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, 9264 of the Council of the City of Alameda. YES EASURE B Shall the Charter of the City of Alameda be amended to permit consolidation of City's General Municipal Elections with an election of another government agency? Said amendment will be accomplished by amending Section 19 -2 of Article XIX of said Charter, all as fully set forth in Resolution No. 9264 of the Council of the City of Alameda. I hereby, certify that the foregoing Cha proposals were ordered submitted to the;qualif the City of Alameda by the Council of the City ter amendment ed electors of 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 amendments to be printed in convenient pamphlet form 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 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 AMENDMENTS NOTICE IS THEREBY 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 oE the City of Alameda (a) adding Sections 2 -15, 2 -16, 17 -14, 17 -15 -and 17 -16 thereto, (b) amending Sections 2 -1, 2 -3 and 19 -2 thereof, and '(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 therefor. BE IT directed to County of, Al certified by lution with California. LE y of Alameda, California URTHER RESOLVED that the City Clerk is hereby lmediately file with the. Board of Supervisors, meda, State of California, this Resolution, duly said Clerk, and file a copy of said certified Reso- he County Clerk of the County of Alameda, State of I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 18th day of March, 1980, by the following vote, to wit: AYES: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of March, 1980.