Resolution 02150RESOLUTION NO. 2150
FRAMING A PROPOSED CHARTER FOR THE CITY OF ALAMEDA AND
CALLING A SPECIAL ELECTION TO BE HELD ON THURSDAY, THE
29TH DAY OF APRIL, 1937, FOR TUE PURPOSE OF SUBMITTING
TO THE ELECTORS OF SAID CITY THE PROPOSAL FOR THE
ADOPTION OF SAID PROPOSED CHARTER.
REAS the Council of the City of Alameda, on its own motion, has elected
to frame a proposed new charter for the government of said City, and to submit to the
qualified electors of said City a proposal for the adoption thereof in accordance with
Section 8 Article XI of the Constitution of the State of California,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA, that
the Council of the City of Alameda, being the legislative body of said city, on its own
motion, does hereby frame a proposed charter for the government of said city, in words
and figures as follows:
CHARTER OF THE CITY OF ALAMEDA
ARTICLE I.
Incorporation and Powers.
Sec. 1-1. The existing City of Alameda, hereinafter referred to as the "City", shall
continue its corporate existence under this charter with the same property rights and the
same boundaries as existing at the time this charter takes effect, or as such boundaries
may be changed thereafter in the manner authorized by law.
Sec. 1-2. The City shall have and exercise the following rights and powers, subject
to the express limitations herein expressed:
(a) To have perpetual succession.
(b) To adopt and use a corporate seal.
(c) To sue and be sued.
(d) To make and enforce all laws and regulations in respect to municipal affairs,
subject only to the restrictions and limitations provided in this charter.
(e) To exercise all rights, powers and privileges heretofore or hereafter granted
by the Constitution and general laws of the State of California.
(f) To act pursuant to procedure established by general law, unless a different
procedure is established by ordinance.
ARTICLE II.
Officers,
Sec. 2-1. The following elective offices are hereby established:
Five Councilmen, who shall constitute the Council;
Auditor, who shall be ex officio Assessor;
Treasurer, who shall be ex officio Tax Collector.
Sec. 2-2. The following offices are hereby established, and the incumbents thereof
shall be appointed by the Council by vote of not less than three members thereof, and may
be removed by vote of not less than four members thereof:
Mayor;
City Manager;
City Attorney;
City Clerk.
Sec. 2-3. 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.
Sec. 2-4, The Mayor and members of the Council shall receive no compensation. The
salary attached to the following offices shall be fixed by the Council at not less than
the following amounts:
Auditor
Treasurer
City Manager
City Attorney
City Clerk
$3,600.00
$3,600.00
$4,000.00
3,000.00
'2,400.00
Sec. 2-5. No person shall be qualified to be elected or appointed to any of the
elective offices hereinabove set forth unless he shall have been an elector of the City
of Alameda for a period of five years continuously next preceding his election. Every
City Officer and every full time employee shall be a resident of the City during the
tenure of his office or employment.
Sec. 2-6. The term of each elective officer shall commence at 8:00 o'clock p.m. on
the third Tuesday in April next following the General Municipal Election at which such
officer was elected and continue for four years thereafter and until his successor is
elected and qualified.
Sec. 2-7. Every vacancy in an elective office, arising otherwise than as provided
in Article XX, shall be filled by the Council. In the event that vacancies exist in a
majority of the offices of Councilmen, such vacancies shall be filled by a board con-
sisting of the remaining Councilmen, if any, and the following officers, selected in the
order named, sufficient to constitute a board of three, to-wit, Auditor, Treasurer and
President of the Board of Library Trustees. After any vacancy in the office of Council-
man has continued for twenty-one days, the three officers last mentioned in the foregoing
sentence, acting as a board, shall have the sole power acting by a majority vote, to fill
such vacancy.
Sec. 2-8. The term of any person appointed to fill a vacancy in an elective office
shall commence upon appointment and qualification and continue until 8:00 o'clock pm.
on the third Tuesday in April following the next General Municipal Election, at which
election a successor shall be elected to serve for the remainder of the unexpired term.
Sec. 2-9. If any officer of the City shall remove from the City or absent himself
therefrom for more than thirty days consecutively, without the permission of the Council
or shall fail to qualify by taking the oath of office and filing his official bond,
whenever such bond is required, within fifteen days from the time his certificate of
election or appointment is mailed or delivered to him, or shall resign, or be convicted
of a felony, or be adjudged insane, his office shall be vacant.
Sec. 2-10. 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, per-
form the duties of such office.
Sec. 2-11. Any incumbent of any Federal, State or County office, except notary
public or officer in the military or, naval reserve forces, shall be ineligible to hold
any elective office or office of member of any board created by this charter.
Sec. 2-12. The persons occupying the offices set forth in 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 the officers of the City.
Sec. 2-13. All officers, boards and the certified public accountant appointed pur-
suant to Sub-Section 3-7c shall have power to administer oaths and affirmations, to
examine witnesses and compel their attendance by subpoena in all matters affecting their
respective offices and positions. All legal process issued pursuant to this section shall
be executed by or under the authority of the Chief of Police.
ARTICLE III.
City Council.
Sec. 3-1. All powers of the City and all powers vested in city councils (except the
powers reserved to the People or delegated to other officers or boards by this charter)
shall be vested in a Council consisting of five Councilmen.
Sec. 3-2. The Council may confer upon any board or officer powers and duties ad-
ditional to those set forth in this charter.
Sec. 3-3. The Council may, on its own motion, submit to the electorate by initiative
or referendum any proposed resolution or ordinance which could be enacted by the Council.
Sec, 3-4. The vote of three members of the Council, except as otherwise provided,
shall be necessary for any act of or by:the Council.
Sec. 3-5. The Councilmen present at any meeting regularly held may compel the
attendance of absent members in such manner and subject to such penalties as the Council
may have prescribed by ordinance.
Sec. 3-6. In the event that any Councilman shall, without being excused by the
Council, absent himself from four or more consecutive regular meetings of the Council
extending over a period of not less than thirty days, his office shall be vacant.
Sec. 3-7. The Council shall:
(a) Meet at 8:00 o'clock p.m. on the third Tuesday of the month next succeeding
the month in which the General Municipal Election is held, and organize by selecting from
its membership a Mayor, who shall be the President of the Council, and a Vice-President
of the Council, whose terms shall commence upon selection and continue until the selection
and qualification of their successors following the next General Municipal Election.
(b) Hold regular meetings at least twice in each month as fixed by ordinance. Its
meetings shall be public and held in the Council Chambers of the City Hall. Special
meetings may be called by the Mayor or by three Councilmen by serving the Councilmen per-
sonally with written notices of time and purpose of the meeting, or leaving such notices
at places designated by the respective members, at,least three hours before the time of
the proposed meeting.
(c) Contract and fix the compensation for the services of a certified public
accountant, who shall at least semi-annually investigate the transactions and audit the
accounts of all officers having the collection, custody or disbursement of public money,
or having the-power to-approve, allow or audit demands on the treasury. He shall have
free access to all records, books, and papers in all departments of the City. He may at
any time visit any of the public offices and make examinations and investigations therein
without hindrance. He 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 his
investigation he shall file with the Council a written report containing his recommenda-
tions,. If during his examination an.d 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, he shall immediately report to the Council, which shall take such proceedings
as are authorized by law.
(d) Provide by ordinance for annual vacations with pay for all City officers and
employees.
(e) Fix the amounts and determine the officers and employees who shall give bonds
to the City for the faithful performance of their duties. A11 such bonds shall be exe-
cuted by surety companies qualified to do business in the State of California and be
subject to approml by the Council and shall be filed with the City Clerk, except that
the bond of the City Clerk shall be filed with the Auditor. The premiums on all such
bonds shall be paid by the City.
(f) Prescribe the form of oath of office and require that every officer shall, be-
fore entering upon the duties of his office, take and file such oath with the City Clerk.
(g) Establish and abolish offices and positions of employment and fix the compen-
sation and duties thereof, except as herein otherwise provided.
(h) Designated the person to perform the duties of City Manager in the event of
his absence or disability.
(i) Establish on or before July 1, 1936, a retirement, pension and insurance system
for City officers and employees based on sound actuarial principles, which system once
acopted shall not be amended except by the vote of five Members of the Council, and shall
not be repealed except by the People. Such system shall provide for the support thereof
by deductions from the compensation of officers and employees of the City and contribu-
tions from City funds and funds under the control of the respective boards.
Sec. 3-8. The Council shall act by ordinance, resolution or motion, and the vote
of each member of the Council on ordinances and resolutions shall be entered in the
journal.
Sec. 3-9. No member of the Council shall, during his term of office, be eligible
to appointment to any board created by this charter.
Sec. 3-10. All acts of the Council imposing penalties, 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. No real property of the City
shall be leased for a period in excess of one year or sold except upon vote of four
Members of the Council.
Sec, 3-11. The enacting clause of every ordinance passed by the Council shall be,
"Be it Ordained by the Council of the City of Alameda". Every amendment of an ordinance
shall be germane to the original purpose of such ordinance. Every ordinance shall be
signed by the officer presiding at the time of its adoption and attested by the City
Clerk. No ordinance shall be passed by the Council within five days after its intro-
duction, or at any time other than at a regular meeting or an adjourned regular meeting,
except as provided in the following section.
Sec. 3-12. No ordinance shall take effect within thirty days after its final passage,
except that in the event of great necessity or emergency and by four votes of the Council,
and if no financial obligation is imposed upon the City for a longer period than one
year, an ordinance may be passed at any meeting of the Council and may take effect at
such time as the Council may specify.
Sec. 3-13. No ordinance shall be re-enacted or amended by reference to its title
only, or without setting forth the amended or re-enacted sections or sub-sections there-
of in full.
Sec. 3-14. All ordinances shall be published once in the Official Newspaper within
three days after the same shall have been finally passed.
Sec. 3-15. When the expenditure required for the purchase of materials or supplies,
or for the making of public work or improvements, exceeds the sum of one thousand dollars,
the same shall be done by written contract and let to the responsible bidder who submits
the lowest and best bid, after advertising in the Official Newspaper by at least one
insertion for sealed proposals, which advertising shall be made at least five days
prior to the time for receipt of bids. Advertisements for bids may set forth the gen-
eral character of the work, materials, or supplies and refer for details to specifica-
tions on file in the office of the City Clerk. The Council 'may reject all bids. In
case no bids are received, the Council may make such public work or improvements with-
out contract or purchase such materials or supplies in the open market. The Council may,
by four votes, either with or without prior advertising, as hereinabove set forth,
determine that in its opinion the public work or improvements in question will be per-
formed more economically by the City without contract, or that the materials or supplies
can be purchased at a lower price in the open market, or that great necessity or
emergency requires immediate action, and thereupon proceed to make such public work
or improvements without contract and to purchase such materials or supplies in the
open market.
Sec. 3-16. A preference of not to exceed five percent of the lowest bid may be
allowed by the Council on all bids for materials and supplies made by a person who, for
more than one year continuously preceding the making of such bid, had an established
place of business in the City manufacturing, processing, wholesaling or retailing such
materials and supplies.
Sec. 3-17. When entering into any contract for labor or hiring any labor for
public contract work, preference shall 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.
Sec. 3-18. The Council shall annually, after advertising in the manner provided
for the purchase of supplies, award a contract to the responsible bidder who submits
the lowest and best bid for publication of all legal advertising of the City in a news-
paper of general circulation published in the City for a period of not less than
one year immediately preceding the making of such bid, and having a bona fide paid
circulation of at least one thousand copies. The newspaper published by the successful
bidder shall be the Official Newspaper of the City. The Council may reject all bids.
In lieu of newspaper advertising the Council may issue and publish a bulletin contain-
ing such matter as it is required by law to publish, sending the same by mail to the
registered voters of theCity, to their addresses as the same shall appear on the reg-
istration records of Alameda County, and shall also post printed copies of such
advertisement in three public places in the City of Alameda.
ARTICLE IV.
Auditor.
Sec. 4-1, The Auditor shall nerform all the duties of Auditor and Assessor pre-
scribed by this charter, by ordinance and by general law and shall devote his entire
time to the duties of his office. He shall, subject to Civil Service requirements, have
power to appoint, discipline and remove all deputies and employees in his office and
shall be responsible for the acts thereof on his official bond.
Sec. 4-2. He shall be the general accountant of the City and shall have the custody
of and preserve in his office all accounts, books, vouchers, documents and papers
relating to the debts, revenues and other financial affairs of the City.
Sec. 4-3. He shall keep an accurate account of all money transactions of the City,
and at all times his records shall reflect the exact condition of the treasury and he
shall certify the same to the Council at least monthly.
Sec. 4-4. He shall establish a uniform system of bookkeeping and accounts for
the City and all officers, departments and boards thereof.
Sec. 4-5. Every demand presented to him shall specify on its face the several
items composing it, the amounts and the dates thereof and shall be numbered and acted
upon in the order of pres.Fntation. Every demand shall, before nayment, be presented
to the Auditor with the allowance thereon of the Council or board which appropriated
the money pursuant to which said demand is made, except that demands for salary need
bear the allowance only of the City Manager or executive officer under whose juris-
diction the services are rendered. The Auditor shall not allow any demand unless
the same is legally due, its payment authorized by law and in consequence of appropri-
ations made pursuant to this chaTter. Upon allowance, the Auditor shall endorse on
each demand the word "Allowed", the name of the fund out of which it is payable and
the date and consecutive number of its allowance and shall sign his name thereto.
Sec. 4-6. No warrant shall be drawn by the Auditor unless there are sufficient
moneys otherwise unappropriated in the fund against which the warrant is drawn to pay the
same.
Sec. 4-7. No contract required to be in writing and imposing any financial
obligation upon the City shall be binding or of any force unless the Auditor shall
endorse thereon his certificate that there remains an unexpended and unapplied balance
of the appropriation or fund applicable thereto sufficient to pay and fulDrdischarge 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.
ARTICLE V.
Treasurer.
Sec. 5-1. The Treasurer shall perform all the duties of Treasurer and Tax Collec
or prescribed by this charter, by ordinance and by general lam and shall devote his
entire time to the duties of his office. He shall, subject to Civil Service require-
ments, have power to appoint, discipline and remove all deputies and employees in
his office and shall be responsible for the acts thereof on his official bond.
Sec. 5-2. He shall have custody of all moneys belonging to the City, or to any
officer of the City in his official capacity. He shall pay out money belonging to the
City or in his official custody only upon warrants drawn upon him duty issued by the
Auditor.
Sec. 5-3. The Treasurer shall not receive any moneys unless the payment of the same
is accompanied by the certificate of the Auditor stating the amount of the same, to
what fund payable and by whom to be paid.
ARTICLE VI.
Mayor.
Sec. 6-1. The Mayor shall be the official and ceremonial head of the City and
shall preside at all meetings of the Council. He may take command of the Police and
Fire Departments and govern the City by proclamation whenever the Council determines
that public danger or emergency requires such action.
Sec. 6-2. During the absence or disability of the Mayor, the Vice-President of
the Council shall perform the official duties of Mayor, and during the absence or disa-
bility of both such officers, the remaining members of the Council shall select a
Mayor Pro-tempore.
Sec. 6-3. Vacancies in the office of Mayor shall be filled by the Council.
Sec, 6-4. There is hereby appropriated to the use of the Mayor in the discharge
of his office the sum of fifty dollars each month for which he need furnish no vouchers.
ARTICLE VII.
City Manager.
Sec. 7-1. The City Manager shall be the Chief Administrative Officer of the City
and shall be chosen by the Council on the basis of his executive and administrative
qualifications, with special reference to his actual experience in, or his knowledge of
accepted practice in respect to the duties of his office as hereinafter outlined.
Sec. 7-2. The City Manager shall have the power and it shall be his duty:
(a) To administer and execute policies and undertakings formulated by the Council.
(b) To enforce all laws and ordinances, except as provided by Section 6-1, and
he is hereby declared to be beneficially interested in their enforcement and to have
po,,,er to sue in proper courts to enforce them.
(c) To appoint, discipline and remove all officers and employees of the City under
his jurisdiction, subject to Civil Service requirements.
(d) 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.
(e) To attend all meetings of the Council unless excused by the Council or the
Mayor.
(f) To keep the Council at all times fully advised as to the needs of the City,
and to recommend such measures and policies as he may deem, expedient.
(g) To conduct such investigations and prepare such plans, specifications or
reports as may be specified by the Council.
(h) To see that all contracts and franchises made under his jurisdiction or that
of the Council are faithfully performed, and to report all violations thereof to the
Council.
(i) To supervise and administer all public parks, golf courses, recreation areas,
wharves, docks and other public properties, utilities and facilities belonging to the
City, except as in this charter otherwise provided.
(j) To appoint technical advisory experts or boards with the consent of and at
such compensation as may be provided by the Council.
(k) Until a Civil Service ordinance shall be inforce, 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.
(1) To prepare and submit a budget as required by this charter.
(m) To investigate the conduct and proceedings of any officer or board of the
City when he shall deem the same necessary, or when so directed by the Council.
(n) To devote his entire time to the duties of his office.
(o) To formulate rules and regulations for officers and employees under his
jurisdiction.
Sec. 7-3. Neither the Council nor any of the members thereof shall interfere
with the execution by the City Manager of his powers and duties. Except for purposes
of inquiry, the Council and its members shall deal with that portion of the adminis-
trative service for which the City Manager is responsible solely through him. An
attempt by a Councilman to influence the City Manager in the making of any appoint
ment or the purchase of any materials or supplies shall subject such Councilman to
removal from office for malfeasance.
Sec. 7-4. The City Manager shall appoint a Chief of Police who shall be the
chief executive of the Police Department.
Sec. 7-5. The City Manager shall appoint a Chief of the Fire Department who
shall be the chief executive of the Fire Department.
Sec. 7-6, The City Manager shall appoint a Health Officer who shall be the chief
executive 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 hereafter adopted.
Sec. ?-7. The City Manager shall appoint a City Physician who shall hold the
degree of Doctor of Medicine and a license to practice medicine in the State of Cal-
ifornia. The City Physician shall, without charge and as required by the Council,
render emergency, surgical and medical service, and make such medical examinations
as may be necessary for the administration of the affairs of the City Government.
He shall have charge of any receiving hospital or dispensary established by the City.
JIL
Sec. 7-8. The City Manager may consolidate the offices of Health Officer and City
Physician.
Sec. 7-9. The City Manager shall appoint a Superintendent of Streets who shall
be the chief executive of the Street Department.
Sec. 7-10. The City Manager shall appoint a City Engineer who must have been,
prior to his appointment, a practicing Civil Engineer for a period of not less than
five years. He shall be the custodian of all engineering records of the City, and
all engineering records prepared by him shall be the property of the City.
Sec. 7-11. The City Manager may consolidate the offices of Superintendent of
Streets and City Engineer.
Sec. 7-12. The Chief of Police, Chief of the Fire Department, Health Officer,
City Physician, Superintendent of Streets and City Engineer shall each have power to
discipline any employee under his control by the imposition of a fine not to exceed
thirty days, or other penalty less than dismissal, subject to appeal to the City
Manager who shall, on such appeal, have final and arbitrary authority to affirm,
modify or revoke such penalty.
ARTICLE VIII.
City Attorney.
Sec. 8-1. The City Attorney shall have been, at the time of his appointment,
regularly admitted to practice and engaged in the practice of law in the State of Cal-
ifornia for a period of at least five years next preceding such appointment.
Sec. 0-2. The City Attorney shall presecute all violations of the ordinances of
the City. He shall, subject to the general direction of the Council, board or elec-
tive Officer having jurisdiction of the matter, prosecute and defend for the City and
all boards, officers and employees in their official capacity all proceedings before
judicial and quasi-judicial tribunals. He shall not compromise, settle or dismiss
any action for or against the City without permission of the Council. He shall not
commence any action without permission of the Council or written instruction of the
City Manager. He shall be the legal advisor of and attorney and counsel for the
City and for all officers and boards thereof, in all matters relating to their of-
ficial duties, and whenever requested in writing by any of them he shall give his
legal advice in writing.
Sec.8-3. He shall approve the form of all bonds given to the City, prepare all
contracts or legal instruments in which the City is interested, and shall endorse
on each his approval of the form thereof. He shall, when required by the Council, or
any member thereof, draft proposed City ordinances and amendments thereto. He shall
deliver all books, papers, documents and property ar every description belonging
to his office or to the City, to his successor in office.
Sec. 8-4. The City Attorney shall appoint, discipline and remove, subject to
civil service requirements, all assistants, deputies and employees under his authority.
All assistants and deputies must be duly admitted to practice law in the State of
California.
Sec. 8-5. The Council, or any board with the consent of the Council, may empower
the City Attorney, at his request, to employ special legal counsel.
ARTICLE IX.
City Clerk.
Sec. 9-1. It shall be the duty of the City Clerk:
(a) To perform all duties imposed upon him by general law where not inconsistent
with this charter or the ordinances of the City and to devote his entire time to the
duties of his office.
(b) To act as Clerk of the City Council and keep an accurate public record of
the proceedings thereof, and also separate, properly indexed books in which, respect-
ively, he shall record all ordinances and resolutions.
(c) To have custody of the official Seal, deeds, leases, contracts and all
records of theCouncil and such other official records as may be committed to his care.
(d) To take affidavits and administer oaths, without charge, in all matters
affecting the business of the City.
(e) To appoint, discipline and remove, subject to civil service requirements,
all employees and deputies in his office, subject as to all deputies, to the approval
of the Council.
(f) To act as Secretary of the City Planning Board.
ARTICLE X.
Boards.
Sec, 10-1. The following Boards are hereby established:
Board of Education;
Public Utilities Board;
Civil Service Board;
City Planning Board;
Social Service Board;
Library Board.
Sec. 10-2. Each of said Boards, except the Public Utilities Board and Social
Service Board, shall consist of five members. Upon nomination of the Mayor, the Council
shall appoint, between May 1 and July 1 of each year, one member of each such Board for
a term coitencing on the first day of July following such appointment and continuing
for five years, and thereafter until the successor of such member is appointed and qual-
ified.
Sec. 10-3. The Public Utilities Board shall consist of five members, one of whom
shall be the City Manager who shall have full power of participating and voting. Upon
nomination of the Mayor, the Council shall appoint, between May 1 and July 1 of each
year, one member of said Board for a term commencing on the first day of July following
such appointment and continuing for four years and thereafter until the successor of
such member is appointed and qualified.
Sec. 10-4. The Social Service Board shall consist of seven members, one of whom
shall be the City Manager, who shall have full power of participating and voting. Upon
nomination of the Mayor, the Council shall appoint, between May 1 and July 1 of each
year, two members of such Board for terms commencing on the first day of July following
such appointment and continuing for three years and thereafter until the successor
of such member is appointed and qualified.
Sec. 10-5. A vacancy in the office of a member of any board shall be filled for
the unexpired term by nomination and appointment in the manner hereinabove set forth.
Sec. 10-6. All members of such boards shall, at the time of their appointment and
continously during their incumbency, be electors of the City.
Sec, 10-7. Each person appointed to membership of any of said boards shall be
particularly qualified to discharge the functions of his office and, to that end:
(a) One member of the Public Utilities Board shall be an electrical, civil, min-
ing or mechanical engineer.
Sec. 10-8. The members of such boards shall receive no compensation.
Sec. 10-9. A member of any such board may be removed by the vote of four members
of the Council.
Sec. 10-10. At its firct meeting after July 1 of each year, each such board shall
select a Pre ident, a Vice-President, a Secretary and such other officers as it may desi.
Sec. 10-11. Each of said Boards shall have the power to establish rules for its
proceedings, appoint, discipline and remove (subject to Civil Service requirements)
its officers and employees and prescribe their duties and exercise all authority and
perform all duties prescribed by this charter and by general law or ordinance
Sec. 10-12. No position of employment with any right of compensation attached
thereto shall be established under the jurisdiction of any of said boards, except
the Board of Education, the Public Utilities Board and the Library Board, except by
action of the Council.
Sec, 10-13. The votes of a majority of the entire membership of a board shall be
necessary for action thereof.
ARTICLE XI.
Board of Education.
Sec, 11-1. The Board of Education shall control and manage the public schools in
the City in accordance with the Constitution and general law of the State of California,
and is hereby vested with all the powers and charged with all the duties provided by
this Charter and by general law for governing boards of city school districts.
Sec. 11-2. In the event that the estimated income for support of the schools in
the City, exclusive of City funds, is, in the opinion of the Board of Education,
insufficient to properly support such schools, the Board shall, on or before the
second Monday in May of each year, submit to the Council its itemized budget of
estimated income and expenses for the next ensuing fiscal year, accompanied by a
request for such sums of money as will be necessary to balance such budget. The Council
shall include in the next succeeding tax levy and apportion to the Alameda School Fund
as received the amount of money so requested, except that by the affirmative vote of
four members thereof, the Council may reduce such amount and apportion to such fund,
not less than twenty cents on each one hundred dollars of assessed valuation. Such
fund shall be expended by the Board of Education, but otherwise held and audited as
other City funds.
ARTICLE XII.
Public Utilities Board
Sec, 12-1. The Public Utilities Board shall have the power:
(a) To control and manage all public utilities owned by the City used for the
purpose of generating, distributing or selling gas or electricity or for the purpose
of furnishing transportation.
(b) To control and manage any City-owned public utility, the control and manage-
ment of which shall have been delegated to the Board by the Council or the People.
A)
(c) To contract for the purchase of materials and supplies, subject to the provis-
ions of Sections 3-15 and 3-16 of this Charter except as otherwise in this article
expressly provided. In connection with such contracts the Board may exercise the
powers conferred upon the Council by said sections.
Sec. 12-2. The Board shall also have the power, without reference to advertising.
or competitive bidding:
(a) To contract for the purchase, for not to exceed five years, of gas, electrical
energy or such other public utility service or commodity necessary for the operation
of a public utility under the control and management of the Board.
(b) To advertise and publicise the business of any public utility under its control
and management.
(c) To acquire full or joint use of poles, pipes, conduits and rights of way; and
to acquire by lease or purchase in the name of the City real property necessary for its
purposes.
(d) To purchase out of a revolving fund goods, wares and merchandise to be resold
for the purpose of increasing the public utility services or commodities under the
control and management of the Board; provided, the total amount of money in such fund,
together with the amount of money invested in such goods, wares and merchandise, shall
not in the aggregate exceed the sum of $15,000.00.
Sec. 12-3. The Board shall also have the power:
(a) To sell obsolete or unnecessary personal property, subject to the consent of
the Council on all sales exceeding the sum of three thousand dollars,
(b) To make any original construction of any any improvement to any utility
under the control and management of the Board, and to do and perform any work for the
City or any board thereof at cost; provided, however, if the Board shall elect to make
any such original construction of or improvement to any such utility by contract,
then the same shall be done subject to the provisions of Sections 3-15 and 316 the
Board exercising the powers conferred upon the Council in said sections.
(c) To fix rates for the services of all utilities under its control and man-
agement.
(d) To establish and abolish positions of employment under its control and fix
the compensation and prescribe the duties thereof, No employee of the Board receiving
compensation from it shall be or within one year preceding his employment have been
a member of the Board.
(e) To borrow, with the approval of the Council and not otherwise, not to exceed
one hundred thousand dollars in the aggregate for capital investment. Money borrowed
pursuant to this sub-section shall provide that the same may be repaid et any time
and shall be repaid within twenty years from date thereof.
(f) To invest the reserves provided for in Section 12-6 in bonds of the City,
bonds of the United States, of the State of California or of any county or municipal-
ity in the State of California.
Sec. 12-4. The Board shall:
(a) Keep books and records for each utility under its control and management in
the manner prescribed by the California Railroad Commission or its successor in auth-
ority, and all other fiscal records in the manner prescribed by the Auditor.
(b) File with the Auditor and Council monthly and annual reports setting forth
the financial and physical condition of the utilities under its control and management,
accompanied by monthly and annual audits prepared by the Certified Public Accountant
referred to in Section 3-7 (c).
(c) Maintain a store room and store room system, wherein a detailed record shall
be kept of all materials received and issued in a manner satisfactory to and subject
to the audit of the Accountant referred to in the next preceding sub-section.
(d) Prepare and adopt an annual budget,
Sec. 12-5. Neither the Gity nor the Board shall engage in any public utility bus-
iness, in which the City or the Board is not now engaged, except with the consent of ,he
People expressed by a two-thirds vote.
Sec. 12-6. The Board may retain from earnings of public utilities under its man-
agement and control in each fiscal year after payment of bond interest and sinking fund
requirements and operating expenses exclusive of depreciation, a sum equal to ten per-
cent of the investment in Fixed Capital in Service of such utilities at the beginning
of such fiscal year, as a reserve for contingencies, replacements, renewals, additions
and improvements; provided, however, that when the amount of Working Capital (Current
Accrued Assets less Current Accrued Liabilities) at the end of such fiscal year shall
be equivalent to or in excess of twenty-five percent of the Fixed Capital in Service
as of the same date if an amount equal to five percent of Fixed Capital in Service at
the beginning of tbe fiscal year were retained, then and in such event the sum retained
for the fiscal year shall be reduced to five percent of the Fixed Capital in Service
at the beginning of the fiscal year.
All earnings of such utilities for the fiscal year in excess of said payments and
retainrnents shall be transferred by the Board to the General Fund of the City, unless
uhe Council prior to the end of the fiscal year shall authorize the Board to retain
for said reserve a larger percentage than above set forth. For the purpose of carrying
out the provisions of this section the Board prior to the first day of each fiscal year
shall make an estimate of the amount to be earned in the fiscal year in excess of said
payments and retainments and said excess amount as estimated shall be transferred to the
General Fund of the City quarterly or as mutually agreed upon between the Board and the
Council. Any balance of such excess amount for the fiscal year shall be transferred by
the Board to the General Fund of the City on or before the first day of August next suc-
ceeding the end of the said fiscal year.
ARTICLE XIII.
Civil ervice Board.
Sec. 13-1. The Civil Service Board shall have power and it shall be its duty to ad-
min ter the Civil Service System of the City.
Sec. 13-2, The Council, on or before July 1, 1938, shall establish by ordinance a
Civil Service System for the City. Such ordinance, once adopted, shall not be amended,
except by vote of five members of the Council and shall not be repealed, except by the
People. No position of employment, once placed under such Civil Service System, shall
be removed therefrom, except pursuant to such Civil Service Ordinance or by vote of the
People.
Sec, 13-3. Any member of the Police or Fire Department who shall have been in the
service of the City for three years, shall, if 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.
ARTICLE XIV.
City Planning Board.
Sec, 14-1. The City Planning Board shall have such powers and duties as may be
delegated by City ,ordinance. It shall have power to investigate and recommend plans for
the future development, improvement and beautification of the City, including landscaping,
planting and care of trees on public streets, parks and playgrounds, the improvement and
development of harbor facilities, the location and improvement of public buildings and
works and the subdivision and zoninF of land.
ARTICLE XV,
Social Service Board.
Sec. 15-1. The Social Service Board shall have the po
er:
(a) To investigate and endorse charitable and philanthropic corporations or asso-
ciations dependent upon public appeal or general solicitations for support.
(b) To encourage the formation of private social welfare organizations to meet
needs not already provided for and to foster all worthy philanthropic enterprises.
(c) To investigate misstatements, deceptions and frauds in connection with chari-
table solicitations and to recommend appropriate action thereon.
(d) To supervise in such manner as the Council may determine all employment
bureaus, day nurseries and other social service functions established by the City.
ARTICLE XVI.
Library Board
Sec. 16-1. The Library Board shall have the power:
(a) To control and Manage the Public Library System of the City.
(b) To expend for library purposes all moneys in the Library Fund, which fund is
hereby created.
(c) To make and enforce rules and regulationd necessary for the administration,
government and protection of the Library System and all property thereof.
(d) To purchase necessary books, journals, publications and other personal property.
(e) To borrow books from, rent books to and exchange the same with other libraries,
and to extend library privileges to nonresidents upon such conditions as the Board may
prescribe.
Sec. 16-2. On or before the second Monday in May of each year, the Library Board
shall submit to the Council an itemized budget of the amount of money necessary for the
administration of the Library System of the City during the next ensuing fiscal year. To
the extent of seven cents on each one hundred dollars of assessed valuation, the Council
shall, and as to any excess thereover set forth in such estimate the Council may, in-
clude in the next succeeding tax levy and apportion to the Library Fund as received
moneys for the purposes .set forth in such budet.
Sec. 16-3. All fines and -tier money arising out of the administration of the Public
Library System of the City or gifts or trusts therefor shall be deposited in the Library
Fund.
ARTICLE XVII.
Finance and Taxation.
Sec. 17-1. The fiscal year of the City shall commence on the first day of July of
each year and shall end on the next succeeding thirtieth day of June.
Sec, 17-2. On or before the second Monday in May of each year each Board of
officer having supervision or control of the expenditure of City funds, and every officer
or Board so directed by the City Manager shall transmit to the City Manager detailed es-
timates of income and expenditure for the ensuing fiseal year.
Sec. 17-i-3. On or before the first Tuesday in August of each year, the City Manager
shall transmit to the Council a detailed budget showing the estimated revenues and
expenditures of the City and all Departments thereof for the ensuing fiscal year.
Sec. 17-4. At any time after the first day of September and not later than the third
Tuesday in September of each year, the Council shall adopt a budget and fix the rate of
City taxes to be levied and collected upon the property assessed for taxation within the
limits of the City, on the basis of the valuation thereof as shown by the assessment
roll in the office of the City Assessor. Such rate, after allowing three par cent of
the assessed valuation for delinquencies, must yield sufficient revenue for the financial
needs of the City for the current fiscal year.
Sec. 17-5. Except in the event of great necessity or emergency, and in such event
only by ordinance reciting the same and passed by the vote of not less than four members
of the Council, or except when authorized by majority vote of the People, the annual
tax levy, exclusive of sums necessary to provide for interest and sinking funds on
the City's bonded indebtedness, and to pay for street and sewer work, maintenance and
improvement of public parks, squares and grOunds, salaries of employees of the Fire
Department and the moneys apportioned to the Board of Education pursuant to Section 11-2,
shall not exceed the rate of one dollar for each one hundred dollars' assessed valuation.
Sec. 17-6. The Council shall fix the tax rate by designating the number of cents
levied on each one hundred dollars of assessed valuation of taxable property, specifying
the portion of the whole which shall belong to any particular fund of the City, and
designating also the portion thereof appropriated for each special purpose or for the
bonded indebtedness of the City. If the Council shall fail to fix the tax rate within
the time prescribed, the rate for the next preceding fiscal year shall thereupon be
automatically adopted.
Sec. 17-7. Unless otherwise provided by ordinance, the levy and collection of City
taxes shall be pursuant to general law for the levy and collection of State and County
taxes, and to that end all duties required by general law to be performed by county
officers shall be performed by the City officers performing similar duties and all
sales for delinquent taxes shall be made to the City.
Sec, 17-8. All moneys received by any officer or employee of the City in his of-
ficial capacity or belonging to the City, and all moneys directed by general law or
by this Charter to be paid or deposited in the City Treasury shall be paid into the
Treasury daily by the officer or employee receiving the same.
Sec. 17-9. All charges fees, commissions and percentages collected or received
by any officer or employee of the City for the performance of any official duty shall
be the property of the City.
Sec. 17-10. The Mayor, Auditor and City Manager shall, together, count the money
in the City Treasury at least once in every three months and ascertain the amount of
money on hand and make a written report thereof to the Council within five days there-
after showing whether the money in the City Treasury corresponds to the amount shown
by the fiscal records of the City.
Sec. 7-11, A. Police Secret Fund in such amount as the Council may from time to
time appropriate is hereby established under the sole control of the City T;ianager. It
shall be withdrawable by'him without reference to the auditing provisions of this
Charter. Such fund shall be expended by the City Manager and the Chief of Police under
the direction of the City Manager for investigation and police work of a secret char-
acter and for no other purpose. Semi-annually and at such other times as the Council
may require, the City Manager shall file with the Council his affidavit and the affi-
davit of the Chief of Police that all moneys expended out of the fund have been used
for the purposes hereinabove set forth.
Sec. 17-12. Am Emergency Revolving Fund, the unexpended balance of which shall at
no time exceed five hundred dollars, is hereby established. The Council shall appro-
priate to such fund from time to time such amounts as it deems proper. Such fund
shall be expended for emergency purposes only upon demands signed by both the City
Manager and the Auditor, but not otherwise appropriated, audited, allowed or approved.
Said officers shall take receipts for all money expended out of such fund and at leaSt
quarterly shall file with the Council a detailed statement of such expenditures.
Sec. 17-13. The Council may provide for the establishment of a permanent revolving
fund, to be known as the Cash Basis Fund, sufficient to place the business of the City
upon a cash basis.
ARTICLE XVIII.
Franchises.
Sec. 18-1. French ses may be granted for the use by any public utility of the
streets, public places or property of the City upon such terms, conditions, restrictions
and limitations as may be prescribed by ordinance, but no franchise shall be granted
without reserving to the City adequate compensation for the privilege conferred; nor
for a longer period. than twenty years unless there be reserved to the City the right to
take over at any time the portion of such utility located within the City without comp-
ensation for the value ar: the franchise granted.
ARTICLE XIX,
Municipal Elections.
Sec. 19-1. Municipal Elections held in the City of Alameda shall be classified as
cf two kinds:
(a) General Municipal Elections;
(b) Special Municipal Elections.
Sec. 19-2, A.: General Municipal Election shall be held bi-annually on the second
Tuesday in March of each odd numbered year. The first General Municipal Election after
the adoption of this Charter shall be held on Tuesday, March 14, 1939. All other
municipal elections shall be Special Municipal Elections. A Special Municipal Election
may be called by ordinance or by resolution of the Council.
Sec, 19-3. The provisions of general law and the Constitution of the State of Cal-
ifornia relating to the qualifications of electors and the provisions of general law
governing elections for State and County officers, not inconsistent with the provisions
of this Charter, and so far as they may be applicable, shall govern all municipal elec-
tions. The Council and the City Clerk respectively, shall exercise the powers and
perform the duties conferred or imposed by general law on the Board of Supervisors and
County Clerks respectively, concerning elections.
Sec. 19-4, No person shall become a candidate for an elective office of the City
unless he shall have been nominated as provided in this article. Every candidate for
elective office shall be nominated by written petition signed by not less than thirty
nor more than fifty qualified electors of the City. Such Nominating Petition may
conabt of one or more sections, provided that each such section shall contain a full.
and accurate copy of the text of the petition. Each signer shall add to his signature
his place of residence, giving street and number when such designation can be given.
One of the signers of each petition, or of each separate section if such petition be
in sections, shall make oath that the statements therein are true, and that each signa-
ture was affixed in his presence and is the signature of the person whose name purports
to be thereto subscribed. Each Nominating Petition shall state the address of the
candidate, the office for which he is nominated, and must be accompanied by the written
acceptance of the candidate therein named. No more than one candidate may be named in
in any one petition. In case an elector has signed two of more nominating petitions for
the same office, all such signatures, except the one appearing on the petition first
presented, shall be rejected; provided, however, that in case two or more persons are
to be elected to the same office at the same election, an elector may sign the Nominat-
ing Petition of as many persons as there are officers to be elected to such office.
Signatures on Nominating Petitions shall not be withdrawn.
Sec. 19-5. Every Nominating Petition must be filed with the City Clerk not earlier
than sixty days nor later than thirty days before any General Municipal Election. On
receipt of any such petition the City Clerk must file the same and thereupon he shall
examine and determine whether it conforms to the requirements of this Charter, and from
the current affidavits of registration on file in the office of the County Clerk of
the County of Alameda shall ascertain and determine whether said petition is properly
signed by the requisite number of qualified electors, and within five days from such
filing he must attach to said petition his certificate showing the result of his ex-
amination. If the petition be found insufficient, such certificate shall designate
the defects therein, and such petition may then be amended or supplemented by the filing,
not less than thirty days before such General Municipal Election, of an amended or
supplemental petition, and the City Clerk. shall, within five days from the filing
thereof, make like examination of the snme and attach his certificate thereto.
Sec. 19-6. Any person named in a Nominating Petition filed as herein providealmay,
not later than twenty-five days before the ensuing General Mnnicipal Election, cause
his name to be withdrawn from nomination by filing with the City Clerk a statement of
withdrawal acknowledged before a notary public. The names of candidates who have
withdrawn, or who have died, twenty-five days or more before said election, shall not
be printed upon the ballot nor entered in the list of candidates. If by reason of such
withdrawal or death, the number of candidates remaining does not exceed the number of
officers to be elected to an office, then other nominations may be made for such office
by presenting petitions therefor not later than twenty-one days prior to such election,
but no amendment or supplement to any such petition shall be allowed.
Sec. 19-7. Not later than twenty-one days before the ensuing election each candi-
date must file with the City Clerk a verified statement of his name, the office for
which he is a candidte, his residence, place of birth, occupation for the past five
years, public offices he has held, whether he is a taxpayer of the City and whether
he has ever been convicted of a felony or misdemeanor involving moral turpitude. He
may give in such statement, in not to exceed one hundred fifty words, such other inform-
ation regarding his exrerience and qualifications as might enable the electors to
determine his fitness for office. Such statement shall also contain the names of not
less then twenty residents of the City, and no others, who have signed his nominating
petition. Any material misstatement of facts in such statement shall disqualify the
candidate from holding any City office.
Each candidate must also deliver at his own cost, to the City Clerk, printed copies
of uch statement equal to the number of qualified electors of the City. Each copy
shall be printed on a single sheet of white paper four inches wide by nine inches long,
and shall have printed thereon a true photograph of such. candidate taken within two
years prior thereto.
The CityCierk shall mail one of such copies to each qualified elector with the
sample ballot. The City Clerk shall not place an the ballot the name of any candidate
who has failed to file and furnish copies of the statement required by this section.
19:
Sec. 19-8. After the closing of nominations the City Clerk shall list the names
of the candidates who have been nominated as herein provided, and who have complied
with the preceding section, together with the offices to be filled, and not later
than twenty days before the day of election shall certify such list as being the 11
of candidates nominated as required by the Charter of the City and file the same in
his office.
Sec. 19-9. At least ten days before a General Municipal Election the Mayor must
issue under his hand, and the City Clerk must attest, an election proclamation contain-
ing a statement of the time of the election, the offices to be filled and the names
of the candidates and of the propositions, if any, to be voted on as the same shall
appear on the ballot. The City Clerk shall cause said proclamation to be published
twice in the Official Newspaper, and the last publication thereof shall be a least
five days before the date of election. No further or other notice of such election
need be given.
Sec. 19-10. The Council shall, by ordinance crresolution passed or adopted not
later than twenty days before an election, establish election precincts, designate
the polling places therefor and name the officers of election for each preceint;
provided that when two or more municipal aections are consolidated by the Council it
shall riot be necessary to set forth the precincts, polling places and officers of
election in more then one of such ordinances or resolutions.
Sec. 19-11. The Council shall canvass the election returns and declare the result
of any municipal election at its first regular meting ,following the election, or
at a special meeting held within ten days after such election, unless such election
has been consolidated and the canvassing of returns delegated pursuant to general law.
Sec. 19-12. In case there is but one person to be elected to an office, the can-
didate receiving the highest number of votes cast for that office shall be declared
elected.
In case there are two or more persons to be elected to the same office, then
those candidates, equal in number to the number to be elected, who receive the highest
number of votes cast for such office, shall be declared elected. Where full and
one or more unexpired terms to the same office are to be filled, the candidates,
equal in number to the number of officers to be elected for the full term, who receive
the highest number of votes cast for such office, shall be declared elected for the
full term; and the candidate who receives, or the candidates equal in number to the
number of officers to be elected fan unexpired terms who receive, the next highest
number of votes shall be declared elected for the unexpired term or terms. If unex-
pired terms be of different duration, the candidate who received the highest number
of votes shall be declared elected for the longer term.
Sec. 19-13. In case of a tie vote, the City Council shall forthwith summon the
candidates who have received such tie votes to appear bdbre the Council at a time and
place to be designated, and the Council shall, in every case, be mailed to the address
of the candidate as it appears in his Nominating Petition, or delivered to him person-
ally, at least five days before the date fixed for the determination of such tie votes.
Sec. 19-14. At least ten days before any Special Municipal Election, the Mayor
must issue under his hand, and the City Clerk must attest, an election proclamation
containing a statement of the time of such election and of the propositions to be
voted on as the same shall appear on the ballot. Such proclamation shall be published
as required for General Municipal Elections and no further or other notice need be
given.
ATaicTE XX.
Recall.
Sec. 0-1. The holder of any elective ()Mee of this City may be recalled from
office at any time by the qualified electors thereof, provided he has held his office
for at least six months. The provisions of this article are intended to apply to
officials now in affice, as well as to those hereafter elected.
Sec. 20-2. Recall proceedings shall be instituted by filing with the City Clerk
a notice of intention to circulate a petition for recall. Such notice shall be
signed and duly acknowledged by three or more qualified electors of the City, and
shall state the name of, and the office held by, the person whose recall is sought
the residence address of every person signing the same, and shall further contain
a general :statement, not exceeding three hundred words in length, of the grounds on
which the recall of such officer is demanded.
Said statement, and the statement in the answer thereto hereinafter provided for,
shall be intended solely for the information of the electors, and any insufficiency in
the form of substance thereof shall in nowise affect the validity of such recall pro-
ceedings.
Upon receipt and filing of said notice, the City Clerk must endorse thereon the
date of such filing.
Sec. 20-3. Within five days from the date of filing of the notice of intention
provided for in the next preceding section, a true copy of said notice shall be served
on the officer .whose recall is sought personally, or may be mailed in the City to
him be registered mail addressed to such officer at his last known place of residence
in the City. If made by mail, service shall be deemed complete at the time of the
deposit in the post office.
Proof of service shall be made by affidavit of the person making such service. Said
affidavit shall state the date, place and manner of service, and shall be filed with
the City Clerk within ten days from the date of filing said notice.
Sec. 20-4. Within ten days after the date of filing of the notice of intention,
the officer whose recall is sought may file with the City Clerk a duly acknowledged
answer setting forth in not exceeding three hundred words, such officer's reply to the
general statement contained in the notice of intention, or any other justification of
his course in office.
Upon receipt and filing of said answer the City Clerk shall endorse thereon the
date of such filing. If such answer be not offered for filing within the time herein
specified, the City Clerk shall refuse to file the same.
The City Clerk must, if requested by any person who signed the notice of intentions
give such person a certified copy of such answer and, if none has been filed, and the
time for filing has expired, he must give such person his written certificate so stating
Sec. 20-5. A petition demanding the recall of an elective officer of the City shall
be addressed to the Council of the City of Alameda and shall state the name of, and
the office held by the parson whose recall from such office is sought. Such petition
shall also contain a copy ef the original notice of intention filed with the City Clerk,
and shall further contain a copy of the answer, if any, filed as provided in the next
preceding section. If said officer has not filed an answer with the time specified
herein, then said petition shall so state.
Such petition shall be signed by qualified electors of theCity equal in number to at
least thirty per centum (3C%) of the total number of persons voting at the General Mun-
icipal Election next preceding the filing of such petition.
A petition for recall may consist of several separate sections, and each such section
may consist of several sheets of paper attached togethare provided, however, that each
such separate section shall contain a full and accurate copy of the title and text of
the petition.
Sec. 20-6. Each signer of a recall petition shall add, at the time of signing, nd
immediately opposite or following his signature, his residence address and the date of
such signing. Such residence address shall include the street and number, if either
exists, and if no street or number exists then such designation of the place of reeidenT,
as will enable the location to be readily ascertained. It shall not be necessary to
include in such address words designating the City of the petition recites that the
signers are residents of the City of Alameda. Signatures, addresses and dates must
be written in longhand and in ink or indelible pencil. The commonly accepted abbre-
viations designating the residence address and the date shall be sufficient. A: married
woman must sign her own given name or her initials.
Sec. 20-7. There shall be attached to every petition, or to each separate section
thereof if the same be in sections, an affidavit made by the person who circulated
such petition or section, giving the residence address of the affiant, stating that
all signatures appearing on such petition or section were made in affiant's presences
and that the residence address, and the date appearing opposite or following each
signature were written by each of the respective signers at the time of signing, in
the affiant's presence, and that according to his best information and belief each
siGnature is the genuine signature of the person whose name purports to be thereunto
subscribed.
Sec. 20-8. A recall petition shall not be circulated for the purpose of obtain-
ing signatures thereto until the expiration of the time limit for the filing of an
answer, as specified in Section 20-4. Signatures affixed to such petition prior
to such time shall not be counted.
Sec,. 20-9. The signer of a recall petition may revoke his signature at any time
within forty-five days from the date of filing the notice of intention referred to
in Section 2C-2, by filing with the City Clerk a revocation in writing, signed by
such signer and verified by an officer competent to administer oaths, and thereupon
the City Clerk shall cancel such signature. A revocation filed after the time herein
specified shall not be valid or effective for any purpose.
Sec. 20-10. Separate sections of any recall petition may be filed in the office
of the City Clerk from time to time as completed, provided that all sections com-
prising such petition must be filed with the City Clerk not later than forty-five
days after the date of filing of the notice of intention provided for in Section
20-2. Thereafter all such sections shall together be deemed and considered as one
petition.
Sec. 20-11. Within ten days from the expiration of the time limit for filing a
petition, specified in the next preceding section, the City Clerk must examine such
petition and from the records of registration ascertain and determine whether or
not said petition is signed by the requisite number of qualified electors, and must
forthwith file in his office and attach to such petition his certificate showing
the result of such examination.
Sec. 20-12. If by the Clerk's certificate, the petition is shown to be insuffi-
cient, the same may be supplemented by filing with the City Clerk, within fifteen
days from the date of such. certificate, supplemental petitions, duplicates of the
original petition except as to the signatures.
Within ten days from the expiration of the time limit specified in this section
for the filing of supplemental petitions, the City Clerk must make like examination of
the supplemental petition as of the original petition, and must file in his office
his final certificate showing the result of such examination.
Sec. 2-13. The following general provisions hall govern:
(a) The City Clerk shall endorse the date of filing on each original or supple-
mental petition and on each separate section thereof, if the same be in sections,
and on request of the person or persons offering same for filing shall issue a receipt
showing the number of sections filed.
(b) If a person has aigned such petition more than once, only the valid signa-
ture first affixed shall be counted.
(c) A person whose signature has been rejected on the original petition may
sign again on the supplemental petition.
(d) No revocation of any s snature appearing on a supplemental petition shall
be permitted.
(e) The Clerk shall determine what number of qualified electors have signed a
recall petition from the affidavits of registration on file in the office of the
County Clerk of Alameda County during the period of such examination, and with res-
pect to the purported signature of any elector, from the affidavit of registration
current and. in effect at the date of signing such petition,
(f) The certificate of the Clerk required in the two sections next preceding
must be dated as of the day of filing same. Such certificate, whether of the original
or supplemental petition, must state the total number of signatures affixed on such
petition, the number of signatures ...revoked, the number of signatures rejected, the
number of valid signatures thereon, and the number of persons who voted at the next
preceding General Municipal Election.
The certificate attached to a supplemental petition, in addition to the required
data concerning such supplemental petition, must also contain the corresponding data
relating to the original petition, as the same appears on the certificate attached
thereto, and must state the aggregate number of valid signatures appearing on the
original and supplemental petition together.
(g) At the time of his certification the City Clerk also must attach to such
petition, and to each separate section, if the same be in sections, a statement in
tabulated form and signed by him, showing the name of each person whose signature
on such section was revoked or rejected and the reason or reasons for each such re-
jection. On request of any person whose signature appears on the notice of intention,
or of the person or persons who filed the petition, the City Clerk must deliver to
any such person a copy of all such statements, by him certified to be a true copy of
the original, together with a certified copy of his certificate.
(h) All revocations, petitions, supplemental petitions, certificates, statements,
notices and all other documents required in this article shall be public documents
and open to public inspection as soon as filed.
Sec. 26-14. If the Clerk's certificate shall show that all the valid signatures
on said petition, including those contained in the supplemental petitions, are still
insufficient, no further action shall be taken thereon, but the petition and Clerk's
certificate shall remain on file as a public record. The failure to secure sufficient
signatures on such petition shall be without prejudice to the institution of new pro-
ceedings for recall and the filing of an entirely new petition to the same effect.
Sec. 20-15. The City Clerk is hereby empowered to employ such persons as may
be necessary to assist him in the examination of any such petition. Each such person
shall he paid by the City for such services a sum not to exceed five dollars per
day as determined by the City Clerk.
Sec. 20-16. If the petition, either as originally filed or as supplemented, shall
be found to be sufficient, the Clerk must submit the same to the Council together with
his certificate thereto attached, at the ne:tregular meeting of said Council occur-
ring after the date of his certificate of such sufficiency. The Council must forth-
with cause a Special Municipal Election to be held within not less than thirty-five
nor more than forty-five days after the date of calling such election, to determine
whether the electors will recall such officer, and for the purpose of electing a
successor. Should a General Municipal Election occur not more than sixty days nor
less than thirty-five days from the time of the receipt of the petition by the Council
from the Clerk and the date of calling the election, the Council may, in its dis-
cretion, submit such recall at such General Municipal. Election.
Sec. 20-17. One petition is sufficient to pronose the recall of one or mere elec-
tive officials, and one election is competent for the recall and election of one or
more elective officers.
Sec. 20-10. Nomination of candidates for any office to be filled at such recall
election, shall be made by petition in the manner prescribed by this. Charter for the
nomination of candidates for public office at General Municipal Elections.
See. 20-19. There shall be printed on the recall ballot, as to every officer
whose recall is to be voted on thereat, the following question: "Shall (name of
person against whom the recall petition is filed) be recalled from the office of
(title of the office)"?; following which question shall be the words "Yes" and "No"
on separate lines with a blank space at the right of each, in which the voter shall
indicate by stamping a cross (X) his vote for or against such recall. On such
ballots, under each such question, there shall also be printed the names of those
persons who have been nominated as candidates to succeed the person recalled, in
case he shall be recalled from office by said recall election, but no vote shall be
counted for any candidate for said office unless the voter also. voted on said
question of the recall of the pD-rson sought to be recalled from said office. The
name of the .person against whom the petition is filed shall not appear on the
ballot as a candidate for the office.
Sec. 20-20. The City Clerk shall cause to be printed and mailed to each elector
of the City at least ten days prior to any recall election, a sample of the ballot to
be used at such election.
Sec. 20-21. If a majority of those voting on the question of the recall of any
officer from office shall vote "No", said officer shall continue in said office. If a
majority shall vote "Yes", said officer shall thereupon be deemed removed from such
office. The Council shall canvass the returns of such election and declare the result
in like manner as in a General Municipal Election. If the vote at any such recall
election shall recall the officer, then the candidate who has receivod the highest
number of votes for the office shall be declared elected for the remainder of the term.
In case the person who received the highest number of votes shall fail to cualify with-
in ten days after receiving the certificatr of election, the office shall be deemed
vacant.
Sec. 20-22. Proceedings for the recall of any officer shall be deemed pending
from the date of the filing of the notice of intention to circulate a petition for
the recall of such officer.
Sec. 20-23. In the event that any officer should resign while preceedings for
his recall are pending, but before the petitions for his recall have been filed with
the City Clerk, then the City Council shall fill the vacancy caused by such resigna-
tion by appointment.
The person so appointed to fill such vacancy shall serve until the third. Tuesday
in April following the next General Municipal Election; provided, however, that if
a Special Municipal Election be called as hereinafter provided, then such appointee:
shall hold office only until the person elected at such Special Municipal -Election
shall qualify.
If, notwithstanding such resignation, and within the time limited in Sections
20-10 and 20-12, the proponents of the recall file sufficient petitions for the-re-
call, then the Council, upon receipt of the petition accompanied by the Clerk's
certificate, as provided in Section 20-16, must forthwith call a Special Municipal
Election to elect a successor for the unexpired terra of the officer thus resigned,
which election shall be held not less than thirty-five, days nor more than forty-five
days after the calling of such election.
In the event that the officer whose recall is sought should resign his office,
or a vacancy occur in said office, after a petition for his recall is filed, the
election shall nevertheless proceed if already called as provided in Section 20-16.
In such contingency the vote on the question of recall shall not be counted, but the
election shall serve for the purpose of electing a successor. If at the time such
resignation or vacancy occurs the recall election has not been called, the Council
must nevertheless forthwith call a Special Municipal Election to elect a successor
to the office thus left vacant, who shall serve for the balance of the unexpired
term, and which election shall be held not less than thirty-five nor more than forty-
five days after the calling of such election.
Sec. 20-24. All Special Municipal Elections for recall or to fill any vacancy
created by recall or by resignation pending recall proceedings shall be conducted, as
near as may be, as in this Charter provided for General Municipal Elections.
Sec. 20-25. No person who has been recalled or who has resigned from office while
recall proceedings were pending against him shall be appointed to or become a candi-
date for any City office within one year after such resignation or recall..
Sec. 20-26. The performance of the acts required by this article to be performed
by the City Clerk, the Council, or any other officer, is hereby declared to be mand-
atory on such officers. The failure of any such officer to perform any of s_id
acts within the time herein specified shall not invalidate or terminate such proceed-
ings but the time for the performance of any subsequenL act shall be exended for a
period equal to the period of delay.
Sec. 2C-27. This article shall be liberally construed to promotethe objects
thereof, and no error, omission or irregularity not affecting the substantial rights
of any citizen or public official shall ever be held to invalidate any proceedings
taken under this article where the requirements of this article have been substant-
ally complied with.
ARTICLE XXI.
Initiative and Referendum.
Sec. 21-1. The Initiative and Referendum may be exercised by the qualified
electors of the City in the manner provided by general law.
ARTICLE XXII
Miscellaneous.
Sec. 22-1. No officer or employee of the City shall:
(a) Become financially interested, except by testate or intestate succession,
either directly or indirectly, in any contract or sale, purchase, lease or transfer of
real or personal property to which the City is a party, or be employed by any public
service corporation ,,regulated by or holding franchises in the City. Noofficer or
employee shall be deemed to be financially interested by the ownership of less than
five per cent of the outstanding capital 3tock of a corporation.
(b) Give, accept or promise anything of value for the purpose of procuring e
nomination, appointment, election or employment.
(c) Knowingly mislead any bidder by giving or withholding information,
A willful violation of any of the foregoing provisions shall constitute miscon-
duct.
Sec. 22-2. Any contract or sale, purchase, lease or transfer of real or personal
property to which the City is a Party and in which any officer or employee of the
City is financially interested, directly or indirectly, except as provided in Sec.
22-1(a), shall be voidable at the election of the Council.
Sec. 22-3, Every officer or employee who shall approve, allow or pay any demand
on the Treasury, knowing that the same is not authorized and legally due, shall be
liable to the City individually and on his official bond for the amount of the
demand so illegally approved, allowed or paid.
Sec. 22-4. Any person convicted of a felony or misconduct in office shall forfeit
his office or position of employment. No person who shall have been convicted of a
felony or misconduct in office shall ever hold any office or position of employment
in the service of the City.
Sec. 22-5. All books, files and records of the City and of all boa'ds and officers
thereof shall be open to public inspection during usual business hours, unless secrecy
of the contents of such books, files and records is necessary in the public interest.
Sec, 22-6. Copies or extracts of public records shall be given upon demand for
the same and paying ten cents per folio of one hundred words for each copy or extract
and the additional sum of twenty-five cents for each certification.
Sec. 22-7. Traveling expenses shall not exceed actual cost of transportation,
plus a reasonable per diem allowance, the latter to be fixed annually by the Council
uniformly for all officers and employees. Traveling expenses, except for routine
duties, shall be allowed only if authorized by the Council.
Sec. 22-8. All public offices, except where otherwise provided by law, shall be
open for business every day, except holidays, from 9:00 A.M. to 5:00 P.M., subject
to the power of the Council to increase such hours for the necessary accommodation
of the public.
Sec. 22-9. The compensation of elective officers of the City shall not be in-
creased or decreased during their respective terms of office. This section shall
not prohibit the increase ordecrease of compensation of assistants or deputies.
Sec. 22-10. The Council and all Boards of the City shall have power to accept
gifts and trusts and control, manage, dispose of and otherwise administer the same
in accordance with the terms thereof.
Sec. 22-11. All real property acquired by the City shall be held in the name
of "City. of Alameda".
ARTICLE XXIII..
Schedule
Sec. 23-1: This Charter shall take effect on July 1
937,
Sec. 23 All ordinances, resolutions and orders in force at the time this
Charter takes effect shall so remain in full force and affect unless contrary to the
provisions hereof, subject to repeal and amendment,
Sec, 23-3. All officers and employees of the City at the time this Charter takes
effect shall continue in office for the remainder of their respective terms (if
fixed) or until removed as herein provided (if for an indefinite term), subject
to all the provisions of this Charter.,
_Sec. 23-4. All members of the .Board of Public Utilities Commissioners elected
in the year 1934 for four-year terms shall hold office until June 30, 1939, and all
members of said Board elected in the year 1936 shall hold office until June 30, 1941.
Of the vacancies occurring June 30, 1939, one shall be succeeded to by the City
Manager, one shall be filled by appointment for a term of four years and one by
appointment for e term of one year, and the vacancies occurring dune 30, 1941,
shall be filled, one by appointment for a term of four years, and one by appointment
for a term of one year.
Upon taking effect of this Charter, the City Manager shall become ex officio a
member of the Public Utilities Board with full participating and voting power.
Sec. 23-5, The Boards and members thereof named in the first column following
shall be deemed to be the successors to the Boards and members thereof named in the
second dolumn folloing. All incumbents and members of Boards in the second column
at the time this Charter takes effect shall immediately assume and continue to
hold the successor office for the remainder of their unexpired terms.
Board of Education,
Library Board,
Public Utilities Board,
Social Service Board,
successor to Board of Education
" Board of Library Trustees
" Board of Public Utilities
Commissioners
" Board of Social Service
P?
Sec. 23-6, The adoption of this Charter shall not affect the courts established
by law and now existing in the City.
13E IT FURTHER RESOLVED that said Council, on its own motion, hereby elects to
submit the proposal for the adoption of the aforesaid proposed charter to the electors
of the City of Alameda at a special election called for that purpose; and
BE IT FURTHER RESOLVED that a special election be, and is hereby called and
ordered to be held in said City of Alameda, State of California, on Thursday, the 29th
day of April, 1937, for the purpose of submitting to the electors of said city the
proposal for the adoption of said proposed charter.
BE IT FURTHER RESOLVED that said special election hereby called and ordered
to be held shall be held and conducted, and the votes cast thereat received and canvas-
sed, and the returns thereof made, and the result thereof ascertained, determined and
declared as herein provided, and in all particulars not recited herein in accordance
with the Constitution and laws of the State of California governing such elections.
BE IT FURTHER RESOLVED that the City Clerk be, and he is hereby directed to
cause such proposed charter to be published. once in The Alameda Journal, a weekly
newspaper of general circulation published and circulated in said City, and the Of-
ficial Newspapers of said City; that said City Clerk shall cause copies of said pro-
posed charter to be printed in convenient pamphlet form, and to be mailed to each of
the qualified electors of said City, and shall also, until the day fixed for said
election, advertise in the aforesaid. newspalar, and in the Alameda Times-Star, a notice
that such copies may be had at his office, in the City Hall, upon application therefor,
all in the manner required by the Constitution of the State of California,
BE IT FURTHER !'!. SOLVED that. a. duplicate original of aid charter, framed as
aforesaid, be and is hereby ordered filed with the City Clerk. of said City at this
meeting.
BE IT FURTHER RESOLVED that the ballot n to be used at said special municipal
election shall be such. as are required by law to be used thereat, and in addition to
any other matters required by law to be printed thereon, shall appear thereon the
foliewing:
"MUNICIPAL TICKET
To vote on any question or proposition stamp e cross (x) in the square
after the ward "Yes" or after the word"No". If an elector shall stamp a cross (X)
in the voting square after the printed word "Yes", his vote shall be counted in favor
of the adoption of the question or proposal; if he shall stamp a cross (X) after
the printed. word "No", his vote shall be counted .against the adoption of the same.
All marks except the cross (X) are forbidden. Aal distinguishing marks or erasures
are forbidden and make the ballot void. If you wrongly stamp, deface or tear this
ballot, return. it to the inspector of election and obtain another."
BE IT FURTHER 'SOLVED that the statement of the proposal for the adoption
of said proposed charter, as the same shall appear on the ballot to be used at said
special election, be and the same is hereby prescribed to read substantially as
follows:
PROPOSAL
To Ado t Pro.osed Charter of the City of lam,_
Shall the proposed charter of the City
of Alameda, framed by the Council of
said City and filed. in the office of
the City Clerk of the City ,of Alameda
on March 17, 1937, and as set forth in . YES
Resolution No. 2150, adopted by said
Council on March 17, 1937, be ratified 0 NO
and adopted es and for the charter of ...............
the City of Alameda?
BE IT FURTHER RESOLVED that the 65 election precincts within the City of
Alameda, as the same were last heretofore defined, described, fixed and established
by the Board of Supervisors of the County of Alameda, State of California, be reso-
lution of said board No. 29,400, adopted December 17, 1935, or amendments thereto,
as the election precincts for holding general State and County elections, be and
Le same are hereby fixed and established as the election precincts for holding the
aforesaid special election.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted by the Council of the City of Alameda in adjourn-
ed regular meeting assembled on the 17th day of March, 1937, by the following vote, to
wit:
AYES: Councilmen Maurer, Morris, Weichhart and President Eschen, (4).
NOES: None, ABSENT.: Councilman Calcutt, (1).
IN WITNESS WHEREOF, I have hereunto .set my hand and affixed the official
seal of said City this lath day of March, 1937.
D. FL all DYER
City Clerk of the City of Alameda.
I hereby cerfiy that the foregoing is a true, full and correct copy of "Resolu-
tion No. 2150, FRAMING A PROPOSED CHARTER FOR THE CITY OF ALAMEDA AND CALLING A SPECIAL
ELECTION TO BE HELD ON THURSDAY, TEE 29th DAY OF APRIL, 1937, FOR THE PURPOSE OF SUB-
MITTING TO THE ELECTORS OF SAID CITY THE PROPOSAL FOR TEE ADOPTION OF SAID PROPOSED
CHARTER", introduced and adopted by the Council of the City of Alameda on the 17th
day of March, 1937.
C. ty Clerk . ofLhc 01 of Lia cdo ..