Resolution 09840CITY OF ALAMEDA RESOLUTION NO. 9840
PROPOSING AMENDMENTS 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 TIE PURPOSE OF SUBMITTING TO THE ELECTORS
PIIERE'OF A PROPOSAL TO AMEND SAID CHARTER, VIZ: BY
AMENDING SECTIONS 2 -1, 2- 10,2 -11, 2 -13, 3 -1.1, 3 -7(C),
3 -7(D), 3 -10, 3 -17, 4 -2, 10 -10, 10 -11 and 15 -1(A)
THEREOF; BY DELETING SECTIONS 3 -19, 7 -2(D) AND 7 -2(K)
THEREOF; AND BY ADDING SECTION 2- 15' THERETO, ,TO.,DELETE
OBSOLETE AND UNCLEAR LANGUAGE AND CONFORM TO GENERAL
LAW AND OTHER SECTIONS OF THE CHARTER; 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 -1, 2 -10, 2 -11, 2-13, 3 -1.1, 3 -7(c),
3 -7(d), 3 -10, 3 -17, 4 -2, 10 -10, 10-11 and 15 -1(A) thereof; by
deleting Sections 3 -19, 7 -2(D) and 7 -2(K) thereof and by adding
Section 2 -15 thereto, to delete obsolete and unclear language and
conform to General Law and other sections of the Charter , to read
as set forth in the notice entitled, "Proposed Amendments 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 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 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 AMENDMENTE
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 eroposes on its
own motion to amend the Charter of the City of Alameda:
F-1. By amending Section 2-1 to read:
Sec. 2-1. The following elective officers are
hereby established: The Mayor and four (4) Councilmen,
who shall constitute the Council; Auditor; Treasurer.
(Effect: Deletes "who shall be ex-officio Assessor" after
"Audit6r" and "who shall be ex-officio Tax Collector" after
"Treasurer". Obsolete language under Proposition 13.)
F-2. By amending Section 2-10 to read.
Sec. 2-10. In the event of a vacancy in the office
of Auditor, Treasurer, City Attorney, or City Clerk, the
Council shall, within twenty-one days thereof, designate
someone to perform the duties of the vacant office until
such time as a successor may be appointed. Until a
successor is appointed the City Manager shall provide for
the performance of the duties of the vacant office and is
authorized hereby to execute documents required thereof
to continue normal operations.
(Effect: Section now reads, "In the event of a vacancy
in the office of Auditor, Treasurer, City Attorney or City
Clerk ,the ranking deputy or assistant shall, during such
vacancy, perform the duties of such office." Obsolete be-
cause not everyone has a deputy.)
F-3. By amending Section 2-11 to read:
Sec. 2-11. Any incumbent of any elective Federal,
State or County office shall be ineligible to hold any elective
office or office of member of any board created by this
Charter.
(Effect: Deletes "except notary public or officer in the
ilitary or naval reserve forces," after "Any incumbent of
any Federal, State or County office," and adds the word
"elective" before the word "Federal". Deletes unclear
language.)
F-4. By amending Section 2-13 to read:
Sec. 2-13. A11 officers, boards and the certified
public accountant appointed pursuant to Subsection 3-7(C)
shall have power to administer oaths and affirmations,
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to examine witnesses and compel their attendance by subpoena
in all matters affecting their respective offices and
positions.
(Effect: Deletes last sentence which reads All legal process
issued pursuant to this section shall be executed by or
under the authority of the Chief of Police." Deletes obsolete
language.)
F-5. By adding Section 2-15 to read:
Sec. 2-15. All references to Councilman herein shall
hereby be changed to Counciithember.
(Effect: Councilmen hereafter shall be referred to as Councj]-
members.)
F-6. By amending Section 3-1.1 to read:
Sec. 3-1.1. Notwithstanding any other provision
of this Charter to the contrary, this section shall control
as to the matters herein contained. The Council shall con-
sist of the Mayor and four Councilmen, elected in the manner
set forth Ir Section 2-1.1 and elsewhere in this Charter.
All provisions of this Charter which are inconsistent with
the provisions of this section shall be deemed amended or
repealed whichever is appropriate.
(Effect: Deletes "Commencing April 20, 1971," before begin-
ning of second sentence. Deletes "From and after such date,"
before beginning of third sentence. Deletes obsolete
language.)
F-7. By amending Section 3-7 (C) to read:
Sec. 3-7 (C). Contract and fix the compensation
for the services of a certified public accountant, who shall
at least annually investigate the transactions and audit
the accounts of all officers having the collection, custody
or disbursement of Public monev, or having the power to
approve, allow or audit demands on the treasury. Said auditor
shall have free access to all records, books and papers
in all departments of the City. Said auditor may at any
time visit any of the public offices and make examinations
and investigations therein without hindrance. Said auditor
must examine the official bonds of all City officers and
employees and investigate the sufficiency and solvency of
the sureties thereon. At the close of the investigation
said auditor shall file with the Council a written report
containing recommendations. If during said auditor's examina-
tion and audit it shall appear that a public offense has
been committed, or that any officer or employee is in default,
or that the surety on any bond is insufficient, said auditor
shall immediately report to the Council, which shall take
proceedings as are authorized by law.
(Effect: Deletes "semi-" before "annually" in the first
paragraph. Changes "he" to "said auditor". Deletes obsolete
language.)
F-8. By amending Section 3-7 (D) to read:
Sec. 3-7 (D) Provide for annual vacations with pay
for all City employees.
(Effect: Deletes "by ordinance" after "Provide" and deletes
"officers and after "City". Deletes obsolete language.)
F-9. By amending Section 3-10 to read:
Sec. 3-10. All acts of the Council imposing penalties,
prescribing public regulations, granting franchises, or
providing for the acquisition, transfer or lease for a period
longer than one year of real property, shall be by ordinance;
provided, however, that the acquisition of real property,
or any interest therein, may be authorized by resolution
when the purchase price to be paid, together with any obliga-
tion imposed on the City in connection with any such acqui-
sition, does not exceed the sum provided by the general
law for cities requiring competitive bidding for the purchase
of supplies and materials, or when such acquisition is to
be accomplished by condemnation in eminent domain proceedings,
or in connection with public improvements proceedings taken
under some law.
No real property of the City shall be leased for
a period in excess of one year or sold, except upon the
affirmative vote of four members of the Council.
The provisions of this section shall not apply to
the acquisition or transfer of real property when, pursuant
to procedure established by ordinance or by any code or
general law of the State of California, such property has
been acquired, or is transferred or acquired in satisfaction,
foreclosure or enforcement of a lien for taxes or special
assessments of any character.
(Effect: Changes "the sum of $1,000.00," to read "the
sum provided by the general law for cities requiring compe-
titive bidding for the purchase of supplies and materials,"
following "in connection with any such acquisition, does
not exceed" in the first paragraph. Conforms to general
law and other sections of the Charter.)
F-10. By amending Section 3-17 to read:
Sec. 3-17: When entering into any contract for labor
or hiring any labor for public contract work, preference
may be given to contractors, mechanics, artisans or other
laborers of any class, who shall have actually resided in
the City for a period of six months preceding the date of
their engagement to perform labor, quality and price of
work being equal.
(Effect: Changes "shall" to may after "preference". Con-
forms to general law.)
F-11. By deleting Section 3-19.
(Effect: Deletes entire Section which provided for the
transfer to the County of Alameda of any or all of the public
health and sanitation functions and services provided for
by Charter or Ordinance of the City of Alameda or by State
or Federal law, rules or regulation, and for the assumption,
enforcement, observance and performance thereof by Alameda
County officers and employees and the transfer of employees
of the City of Alameda Health Department to the employ of
the County of Alameda. Deletes obsolete Section.)
F-12. By amending Section 4-2 to read:
Sec. 4-2. The Auditor shall provide for at least
annual audits of the City's financial operations, books
and records to assure that the City's financial transactions,
accounts and records are maintained in accordance with the
requirements of the City Charter, state and federal laws
and generally accepted accounting principles and practices.
The Auditor shall be responsible for the acts thereof on
an official bonds.
(Effect: Following "The Auditor shall provide for" changes
"periodic" to "at least annual". Less ambiguous.)
F-13. By deleting Section 7-2 (D).
(Effect: Deletes obsolete section which authorizes City Manager
"To act as purchasing agent for the City and all officers
and boards thereof, except the Board of Education and the
Public Utilities Board unless so requested by them.")
F-14. By deleting Section 7-2 (Y).
(Effect: Deletes obsolete section which authorizes City
Manager "Until a Civil Service ordinance shall be in force,
to establish examinations as to fitness of applicants for
positions below the rank of Chief in the Police and Fire
Departments and to make appointments therein only on the
basis of merit after such examinations.")
F-15. By amending Section 10-10 to read:
Sec. 10-10. At its first meeting after July 1 of
each year each such board shall elect a President, a Vice
President and such other officers as it may desire.
(Effect: This section, relating to Charter Boards, deletes
", a Secretary" after "Vice-President". Obsolete provision.)
F-16. By amending Section 10-11 to read:
Sec. 10-11. Each of said boards shall have the power
to establish rules for its proceedings.
(Effect: Deletes, following "proceedings", "appoint, discipline
and remove (subject to Civil Service requirements) its
officers and employees and prescribe their duties and exer-
cise all authority and perform all duties prescribed by
this Charter and by general law and ordinances." Obsolete
language.)
F-17. By amending Section 15-1 (A) to read:
Sec. 15-1 (A). To assess the social service needs
of the community and to facilitate provisions therefor.
(Effect: Replaces subsection which states the Social Service
Human Relations Board shall have the power To encourage
the formation of private social welfare organizations to
meet needs not already provided for and to foster all worthy
philanthropic enterprises." New definition more flexible.)
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 F
Shall the Charter of the City of Alameda be
amended to delete obsolete and unclear
language? Said amendment will be
accomplished by amending Sections 2-1,
2-10, 2-11, 2-13, 3-1.1, 3-7(C), 3-7(D),
3-10, 3-17, 4-2, 10-10, 10-11 and
15-1(A), by adding Section 2715, and by
deleting Sections 3-19, 7-2(D) and 7-2(K),
all as more fully set forth in Resolution
No. ?HO of the Council of the City of
Alameda.
.... — •
YES :
..... : .
NO
...• ^Y....
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 he 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 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 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
proLeed to canvass the ballots cast thereat.
(e) Said Special Municipal Charter Amendment Election shall
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.
(f) 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
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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
hereof shall be set forth in the
of the Special Municipal Charter
with the General Election of the
on Tuesday, November 2, 1982, to
required by Section 22835 of the
California.
amendments set forth in Section 3
election proclamation and notice
Amendment Election consolidated.
State of California to be held
be published in the time and form
Elections Code of the State of
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 the City
of Alamed amending Sections 2 -1, 2 -10, 2 -11, 2 -13, 3 -1.1, 3 -7(c),
3 -7(D), 3 -10 3 -]7 4-2, 10 -10, 10 -11 and 15 -1(A), by adding
Section 2-15, and by, deleting Sections 3 -19, 7 -2(D) and 7-2(K)
deleting obsolete and unclear language, are on file in the office
of the City Clerk, City Hall, Alameda, California, and may be had
on application therefor,
City" Clerk of t e`City f` Alameda,
California
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: Councilmen Diament, Gorman, Stone 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 21st day of July, 1982.
City Clem ofthe Cty of lameda