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Resolution 09838CITY OF ALAMEDA RESOLUTION NO. 9838 PROPOSING AMENDMENTS TO TIIE 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 SECTIONS 2 -3, 2 -12, 7 -4, 13 -1, 13-2 and 13 -3 AND BY DELETING SECTIONS 7 -5, 7 -6, 7 -7, 7 -8, 7 -9, 7 -10, 7 -11, 7- 11.1, 7-12 TO DELETE OBSOLETE LANGUAGE AND PERMIT THE CITY COUNCIL TO ESTABLISH BY ORDINANCE THE DEPARTMENTAL ORGANIZATION OF THE CITY; FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE GENERAL ELECTION OF THE STATE OF CALIFORNIA TO BE HELD ON NOVEMBER 2, 1982 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 Sections 2 -3, 2 -12, 7 -4, 13 -1, 13 -2 and 13 -3 and be deleting Sections 7- 5,7 -6, 7 -7, 7 -8, 7 -9, 7 -10, 7 -11, 7- -11:1; 17 -12 thereof, to read as set forth in the notice entitled, "Proposed Amend- ments to the Charter of the City of Alameda." 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 C1erk'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 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 genera]. 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 November 2, 1982 (Consolidated with State General Election) The Council of the City of Alameda hereby proposes on its own motion to amend the Charter of the City of Alameda: E-1. By amending Section 2-3 to read: Sec. 2-3. The City Council shall establish by ordinance offices for the administration of departments of the City and the incumbents thereof shall be appointed by and hold office at the pleasure of the City Manager. Once established those offices may be changed, deleted or new ones added by the vo-ze of a majority of the Council, (Effect: Amends entire section which presently reads "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; Superintendent of Streets; City Planning Director." Provides flexibility in organization of Department heads and is in line with actual practice.) E-2. By amending Section 2-12 to read: Sec. 2-12. The persons occupying the offices set forth or provided for by Sections 2-1, 2-2 and 2-3, their assistants and deputies and members of all boards provided for in Section 10-1 shall be officers of the City. (Effect: Amends "set forth in following "The persons occupy- ing the offices" to read "set forth or provided for by". Conforms to new Section 2-3 without change in substance.) E-3. By amendina Section 7-4 to read: Sec. 7-4. Those Department Heads holding office pursuant to Section 2-3 of the Charter shall each have power to discipline any emPloYee under his control by the imposi- tion of a fine not to exceed one month's salary, or by sus- pension without pay for not to exceed thirty days, or other penalty less than dismissal, subject to appeal to the City Manager who shall have final authority to affirm, modify or revoke such penalty without appeal therefrom. (Effect: Deletes section which reads, "The City Manager shall appoint a Chief of Police who shall be the chief executive of the Police Department." Without change in substance.) -2- E -4. By deleting Sections 7 -5, 7 -6, 7 -7, 7 -8, 7 -9, 7 -10, 7-11, 7-11.1 and 7 -12. (Effect: Deletes sections which authorize the City Manager to appoint a Chief of the Fire Department, a Health Officer, a City Physician, a Superintendent of Streets, a City Engineer and a City Planning Director; which authorize consolidation of the offices of Health. Officer and City Physician and the offices of Superintendent of Streets and City Engineer; and which give said officers power to discipline employees under their control subject to appeal to the City Manager. Section 7 -5 reads, "The City Manager shall appoint a Chief of the Fire Department who shall be the chief executive of the Fire Department.' Section 7 -6 reads, "The City Manager shall appoint a Health Officer who shall be the chief execu- tive of the Health Department. The Health Officer shall hold the degree of Doctor of Medicine and a license to practice medicine in the State of California, or a degree representing equivalent training in Public Health. He shall exercise all the powers and duties vested in boards of health or health officers by general law or ordinance now or here- after adopted." Section 7 -7 reads, "The City Manager shall appoint a City Physician who shall hold the degree of Doctor of Medicine and a license to practice medicine i (Effect: Replaces section which reads "The Civil Service Board shall have power and it shall be its duty to administer the Civil Service System of the City.") E-6. By amending Section 13-2 to read: Sec. 13-2. A Civil Service System shall be established by Ordinance and shall not be amended, except by vote of five (5) members of the Council and shall not be repealed, except by the People. No position of employment once placed under Civil Service System, shall be removed therefrom, except pursuant to such Civil Service Ordinance. (Effect: Changes "The Council, on or before July 1, 1938, shall establish by ordinance a Civil Service System for the City. Such ordinance, once adopted," to read, "A Civil Service System shall be established by Ordinance and".) E-7. By amending Section 13-3 to read: Sec. 13-3. The Civil Service Board will have the authority and power to conduct hearings and hear appeals on matters affecting Civil Service System as set forth herein or by ordinance. (Effect: Replaces section which reads, Any member of the Police or Fire Department who has been granted permanent status under the Civil Service rules of the City, shall be dismissed, have the right to appeal to the Civil Service Board, which shall have the power to hear the charges and determine the penalty. The procedure for such appeal shall be determined by the Civil Service Ordinance, or in default thereof, by the Civil Service Board.") 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, November 2, 1982 (which said election will be consolidated with the General Election of the State of California to be held on Tuesday, November 2, 1982), the following proposal to amend said Charter, in the manner hereinabove specifically set forth, as follows: AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA MEASURE E Shall the Charter of the City of Alameda be amended to delete obsolete language and permit the City Council to establish by ordinance the departmental organization of the City? Said amendment will be accomplished by amending Sections 2-3, 2 -12, 7 -4, 13 -1, 13 -2 and 13 -3 and by deleting Sections 7 -5, 7 -6, 7 -7, 7 -8, 7 -9, 7 -10, 7 -11, 7 -11.1 and 7 -12, all as more fully set forth in Resolution No. R p 3� 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: SECTION 4. (a) A Special Municipal Charter Amendment Election is hereby called to be held in the City of Alameda on Tuesday, November 2, 1982 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 in this resolution provided and as hereby submitted to the Council of the City of Alameda on 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 pre- scribed in this resolution, said Special Municipal Charter Amendment 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 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 amendments hereby proposed by the Council of the City of Alameda on its own motion and sub- mitted 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. of said day of election, and shall be kept open continuously thereafter until 8 :00 p.m. 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 shal be and is hereby consolidated with the General Election of the State of California to be held in said City 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 elec- tion 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 Board of Supervisors of the County of Alameda, State of California, for said General Election of the State of California in said City of Alameda by resolution or ordinance of the aforesaid Board of Supervisors relating to the holding and conducting of the General 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 officers for the Special Municipal Charter Amendment Election hereby called. Only one form of ballot shall be used at said General Election of the State of California 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 measures set forth in Section 8 hereof. (g) Each voter may vote on any one or more of the proposed Charter amendments. To vote in favor of - a proposal to amend the Charter of the City of Alameda a voter shall so indicate 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 so indicate 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 sub- mitting 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 out and signed by the election officers so designated by the Board of Supervisors, County of Alameda, and the results thereof trans- mitted 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 3 hereof shall be set forth in the election proclamation and notice of the Special Municipal Charter Amendment Election consolidated with the General Election of the State of California to be held on Tuesday, November 2, 1982, to 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 qualified electors of said City, and (2) until the day fixed for said special municipal 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 may 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 thc City ' of Alameda amending Sections 2-3, 2-12, 7-4, 13-1, 13-2 and 13- 3 and by deleting Sections 7-5, 7-6, 7-7, 7-8, 7-9, 7-10, 7-11, 7-11.1 and 7-12 deleting obsolete language and permitting the City Council to establish by ordinance the departmental organization (",'„L'- of the City, are on file in the office of the City Clerk, City 'Xr Hall, Alameda, California, and may be had on application therefor. City Clerk of the y o -7- Califo nia A ameda, 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 20th of July, 1982, by the following vote to wit: AYES: NOES: kBSENT: Councilmen Diament, Gorman, Stone and President Corica - 4. None. Councilman Sherratt - 1. :N WITNESS WHEREOF, I have hereunto set my hand and affixed the >fficial seal of said City this 21st day of July, 1982.