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Resolution 11615CITY OF ALAMEDA RESOLUTION NO. 11615 PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA UPON MOTION OF THE CITY COUNCIL; CALLING A MUNICIPAL CHARTER AMENDMENT ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF PROPOSALS TO AMEND SAID CHARTER, VIZ: (1) BY AMENDING SECTION 2 -4 AND REPEALING SECTIONS 22 -9 TO PROVIDE COMPENSATION FOR COUNCIL ACCORDING TO STATE LAW; (2) BY AMENDING SECTION 2 -7 PROVIDING FOR THE FILLING OF CITY COUNCIL VACANCIES; AND (3) BY AMENDING SECTION 2 -1 AND REPEALING ARTICLES IV AND V ELIMINATING CITY AUDITOR AND CITY TREASURER FROM THE CHARTER; FIXING DATE OF SAID ELECTION, MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE GENERAL MUNICIPAL ELECTION OF THE CITY OF ALAMEDA TO BE HELD ON MARCH 7, 1989 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 -4, and 2 -7, and repealing Article IV, Article V and Section 22 -9 thereof, 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 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 Municipal Charter Amendment Election hereinafter provided for, three proposals to amend the Charter of the City of Alameda as set forth in said notice hereinafter set forth in Section 3 of this resolution and designates and refers to said proposals as the proposals to be forth in the form of ballot hereinafter prescribed for use at said 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 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 Municipal Charter Amendment Election March 7, 1989 (Consolidated with General Municipal Election of the City of Alameda) The Council of the City of Alameda hereby proposes on its own motion to amend the Charter of the City of Alameda: 1. By amending Section 2-1 to read: Sec. 2-1. The following elective officers are hereby established: The Mayor and four (4) Councilmembers, who shall constitute the Council. 2. By amending Section 2-4 to read: Sec. 2-4. Each Councilmember may receive each month that compensation permitted by general law for Councilmembers. 3. By amending Section 2-7 to read: Sec. 2-7. Every vacancy in an elective office, arising otherwise than as provided in Article XX, shall be filled as follows: (A) Vacancies caused by the election of a Councilmember to the office of Mayor shall be filled by the candidate not elected for a contested Council seat who received the highest number of votes, provided said candidate received votes from at least ten percent (10%) of the total number of voters. (B) Vacancies occuring within six (6) months of any election shall be filled in the same manner provided by (A). (C) All other vacancies shall be filled by the Council within 60 days or the compensation paid Councilmember pursuant to Section 2-4 shall be forfeited until the appointment is made. (D) In the event that vacancies exist in a majority of the offices of Councilmember, such vacancies shall be filled by the two members of the Alameda School Board receiving the highest number of votes at the last election and the President of the Board of Library Trustees. 4. By repealing Article IV which states: Aud-i-ter a -degree- in--a-ecounting -or- -brids-irress admin-i-s-tret-ien--a-nel--f-ive---ye-ars--areeettrrtittg--expe-rience. 5. By repealing Article V which states: Tr are-1- See,-----5-11- The -T-reasurer t.ime- -his-/-her -e-)qaer-i-enee- a elm-i-14 et-er g- -I Fig s tment- -p-r-e grams-. est-eely- -ef T-rcasur-er--sha-I1 t-hereef- en- -an -eff4-e-ial 6. By repealing Section 22-9 which states: -er decrrea-s-ed tee.- -T-h4S inealease--er eleGrea-s-e- G. -G01:1113-9146-at4GR 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 Charter Amendment Election to be held in said City on Tuesday, March 7, 1989, (which said election will be consolidated with the General Municipal Election to be held on March 7, 1989), the following proposals to amend the Charter of the City of Alameda, in the manner hereinabove specifically set forth, as follows: -3- AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA MEASURE C Shall the Charter of the City of Alameda be amended by adopting therein the . . provisions of State law governing the . YES . compensation of Councilmembers? Said amendment will be accomplished by . . amending Section 2-4 and repealing . NO . Section 22-9 of said Charter, all as fully set forth in Resolution No.//4/6- of the Council of the City of Alameda. MEASURE D Shall the Charter of the City of Alameda be amended to provide that a candidate receiving the largest number of votes . YES . shall be elected to a Council seat vacated by a Councilmember elected to the office of Mayor, providing the same method of . NO . filling vacant seats within six (6) months of an election and providing that the Council fill all other vacancies, unless no majority exists, in which case two Alameda School Board Members and the President of the Board of Library Trustees shall fill the vacancies? Said amendment will be accomplished by amending Section 2-7 of said Charter, all as fully set forth in Resolution No. //I5 of the Council of the City of Alameda. MEASURE E Shall the Charter of the City of Alameda be amended to remove the office of City . . Auditor and the Office of City Treasurer? . YES . Said amendment will be accomplished by amending Section 2-1 and repealing . . Articles IV and V of said Charter, all • NO • as fully set forth in Resolution No. iii-of the Council of the City of Alameda. I hereby certify that the foregoing Charter Amendment proposals were ordered submitted to the qualified electors of the City of Alameda by the Council of the City of Alameda. Dated: / 7 • •42441 1242, City c'lerk of the City of Alameda Section 4. (a) A Municipal Charter Amendment Election is hereby called to be held in the City of Alameda on Tuesday, March 7, 1989, 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 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 prescribed in this resolution, said 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 submitted at said Charter Amendment Election. (d) The polls at the polling places hereinafter designated for said Charter Amendment Election shall be opened at 7:00 a.m. (P.S.T.) of said day of election, and shall be kept open continuously thereafter until 8:00 p.m. (P.S.T.) 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 Charter Amendment Election shall be and is hereby consolidated with the General Municipal Election of the City of Alameda to be held in said City on the date of said 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 election officers in each of said precincts; and the precincts, polling places and officers of election for said Charter Amendment Election shall be the same as -5- 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 Alameda amending Sections 2-1, 2-4, and 2-7 and repealing Article IV, Article V, and Section 22-9 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. City Clerk of the City of Alameda 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 6th of December, 1988, by the following vote to wit: AYES: Councilmembers Arnerich Thomas and President Corica - 3. NOES: Councilmember Camicia - 1. ABSENT: Councilmember Monsef 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of December, 1988. Cit Clerk of the City of Alameda