Resolution 09844CITY OF ALAMEDA RESOLUTION NO.,., 9844
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 THE PURPOSE OF SUBMITTING TO THE ELECTORS
THEREOF A PROPOSAL TO AMEND SAID CHARTER, VIZ: BY
AMENDING SECTIONS 10 °1 AND 11 -2 THEREOF TO DELETE OBSOLETE
LANGUAGE AND CLARIFY THE TIME AT WHICH THE BOARD OF
EDUCATION TAKES OFFICE: 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 10 -1 and 11-2 thereof to delete
obsolete language and clarify the time at which the Board of Educa-
tion takes office, 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 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:
H-1. By amending Section 10-1 to read.:
Sec. 10-1. The following Boards are hereby estab-
lished: Public Utilities Board; Civil Service Board; City
Planning Board; Social Service Human Relations Board;
Library Board.
(Effect: Deletes "Board of Education".)
H-2. By amending Section 11-2 to read:
Sec. 11-2. Notwithstanding any other provisions
of this Charter to the contrary, the matters contained in
this Section shall be controlling as to the Board of Educa-
tion The Board of Education shall consist of five members
elected by the qualified electors of the City at large,
at the time, in the manner, and with the qualifications
provided elsewhere in this Charter for the qualification,
nomination and election of other elective officers of the
City, and shall serve a term of four years thereafter and
until their successors are elected and qualified.
At each General Municipal Election hereunder, either
two or three members of said Board, as the case may be,
shall be elected for four-year terms to fill the vacancies
caused by the expiration of the terms of the members.
The term of each officer elected hereunder shall
commence at 730 o'clock p.m. on the fourth Tuesday of the
month following the General Municipal Election at which
such officer was elected and continue for four years there-
after and until his successor is elected and qualified.
A vacancy on the Board of Education, arising otherwise
than as provided in Article XX, shall be filled by appoint-
ment by said Board, said appointee to hold office for the
term provided in Section 2-8 of this Charter. After any
vacancy in the office of member of said Board has continued
for twenty-one days, the vacancy shall be filled by the
Council.
It is hereby declared to be the intent of this section
that the only changes to be effected by its terms are to
make the Board of Education elective, rather than appointed,
and to provide the manner in which the members thereof shall
be elected. Except to the extent that they are inconsistent
with the provisions of this section, other provisions of
this Charter relating to the Board of Education and other
elective officers shall apply to the Board of Education
provided for by this section.
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(Effect: Deletes "Commencing April 15, 1969, and there-
after," from the beginning of the second sentence in the
first paragraph. Amends second paragraph by deleting the
first sentence which reads "Of the five members of the Board
of Education elected at the 1969 General Municipal Election,
the three who receive the highest number of votes cast shall
each serve an initial term of four years, and the two who
receive the next two highest number of votes shall each
serve an initial term of two years." and by changing "At
subsequent General Municipal Elections," to read At each
General Municipal Election hereunder,". Adds the third
paragraph. Otherwise unchanged.
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 H
Shall the Charter of the City of Alameda be
amended by deleting obsolete language and
clarifying the time at which the Board of
Education takes office? Said amendments
will be accomplished by amending
Sections 10-1 and 11-2 of said Charter,
all as fully set forth in Resolution
No. 914/4 of the Council of the City of
_
Alameda.
YES
NO
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 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
proceed 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 amendment, proposed
by the City Council on its own motion, to the Charter of_'the City
of Alameda amending Sections 10 -1 and 11 -2 deleting obsolete
language and clarifying the time at which the Board of Education
takes office, are on file in the office of the City Clerk, City
Hall, Alameda, California, and may be had on application therefor.
k of the ty orA`:ameda,
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 Clerk of the y o Alameda