1933 Alameda City CharterCHAR TER
of the
CITY OF ALAMEDA
CALIFORNIA
ARTICLE 1.
BOUNDARIES.
Section 1. The .City of Alameda shall continue to be
a municipal corporation by the name of City of Alameda.
The boundaries thereof are hereby declared to be as fol..
lows:
Commencing at a point where the center line of the
Tidal Canal intersects the western line of Park Street
produced northerly; thence westerly along the center line
of the Tidal Canal and the north or Brooklyn Channel
Oakland Harbor and the center line of San
Estuary to its mouth , as said Brooklyn Channel
and pier head lines of San Antonio Estuary were estab-
lished by the United States Harbor Line Survey of one
thousand nine hundred ten; thence along the center
line of San Antonio Estuary produced westerly to its
intersection with the western boundary of Alameda
County; thence southeasterly along the western boundary
line of Alameda County to its intersection with the town..
ship line between township two south , range four west
and township three south , range four west , Mount Diablo
meridian; thence easterly along said township line to the
section line dividing sections thirty-one and thirty-two,
township two south , range three west , Mount Diablo
meridian; thence northerly along said section line to the
northeast corner of lot one , section nineteen , township
two south , range three west , Mount Diablo meridian;
thence northerly to the center of said Tidal Canal as
established by the United States Harbor Line Survey of
one thousand nine hundred ten; thence along the center
line of the Tidal Canal to the point of commencement.
Sec. 2. Unless a majority of the electors of the city
shall affirmatively vote therefor at a general or special
munieipal election, neither shall the boundaries of the
city be changed, nor shall the city be consolidated with
any other city or city and county.
ARTICLE II.
LEGISLATIVE.
Section 1. The legislative power of the City of Alameda
shall be vested in a body to be designated the council , and
in the electors.
Sec. 2. The Council. The council shall consist of five
members , who shall serve without compensation. Each
councilman shall hold office for four years and until his
successor is elected and qualified , except that in case of
the council first elected , the three councilmen receiving
the highest vote shall hold office for four years and the
two receiving the next highest vote shall hold office for
two years. At the time of the election each nominee must
have been an elector of the city for at least three years
next preceding his election , and must be of the age of at
least twenty-five years.
Sec. 3. Quorum. Three members of the Council shall
constitute a quorum, but a less number may adjourn from
time to time , and may compel the attendance of absent
members in such manner and under such penalties as the
council may prescribe. Absence from four consecutive
regular meetings , unless excused by the Council , shall
operate to vacate the seat of any member so absent.
(Amended by tbe vote of the electorate at special election heldJune27.1933)
Sec. 4. Powers of the Council. Subject to the provi-
sions and restrictions in this charter contained , and the
valid delegation by this charter of any of the powers
hereinafter included to any person , officer, board
committee , which delegation of power, if any, shall con-
trol, the council shall ha.ve power in the name of the
city to do and perform all acts and things appropriate
to a municipal corporation and the general welfare of its
inhabitants and which are not specifically forbidden by
the constitution of the state 01' which now or hereafter it
would be competent for this charter specifically to enumer-
ate; and no enumeration or specific statement herein of
any particular powers shall be held to be exclusive or
a limitation of the foregoing general grant of power.
The council shall have the power to delegate any of the
powers conferred on or vested in it.
Sec. 5. The council shall:
One. Judge of the qualifications of its members and
of all election returns;
Two. Establish rules for its proceedings;
Three. Keep a correct journal of its proceedings. The
ayes and noes shall , on demand of any member , be taken
and entered therein;
Four. Choose one of its members president and another
vice-president, each of whom shall serve for two years, and
without compensation. The president shall be ex-officio
mayor;
Five. Appropriate annually, and the council must so
appropriate , to the mayor , for his own use , the sum of
six hundred dollars , for which he need furnish no vouchers;
Six. Appoint a city clerk;
Seven. Fix the compensation of all officers and em-
ployees not otherwise provided for.
Sec. 6. Council Meetings. The Council shall meet at
eight o clock p. 111. on the third Tuesday of the month next
succeeding the month in which the general municipal elec-
tion is held, and shall hold regular meetings twice in each
month and at such other times as it shall fix by ordinance.
shall not convene at any place other than its regular place
of meeting. Its meetings shall be public. Special meetings
may be called by the mayor or by three councilmen , by
serving. the members personally with written notices, or
leaving the same at places designated by the respective
members at least three hours before the time of the pro-
posed meeting.
(Amended by the vote of the electorate at special electionheldJune27.1933)
Sec. 7. The Mayor. The mayor shall be recognized by
the courts as the official head of the city for the purpose
cf serving civil process, by the governor for the purpose
of n:iltary law , and shall represent the city for all cere-
mOllal purposes. He may take command of the police
3;nd govern the city by proclamation during times of pub-
hc danger 01' emergency, and he shall himself be the judge
of what constitutes such public danger or emergency.
Sec; 8. Absence of the Mayor. If the mayor be tem-
po'ral'ly absent 01' unable to perform his official duties
the vice-president shall during such time act as mayo
pro tempore and perform such duties. In the absence of
both president and vice-president the other members of
the council shall elect one of their number to perform the
duties of president and mayor.
Sec. 9. City Clerk. The duties of the city clerk shall
be such as are prescribed by the council and provided bylaw. He shall hold office until removed by a four-fifths
vote of the whole council.
Sec. 10. Legislative Acts. The enaeting clause of every
ordinance passed by the council shall be in these words:Be it ordained by the council of the City of Alameda.
The enacting clause of every ordinance passed by the
people shall be as follows: "Be it ordained by the people
of the City of Alameda." No ordinance shall be so amended
as not to be germane to its original purpose. No ordinance
shall be passed by the council on the day of its introduction
or within five days thereafter , or at any time other than
at a regular meeting or an adjourned regular meeting,
except as provided by section fourteen of this article.
Every ordinance shall be signed by the officer presiding
3;t the time of its adoption , attested by the clerk and pub-
lIshed at least once in a newspaper published in the City of
Alameda , or advertised as hereinafter provided.
Sec. 11. Ordinances. All ordinances and resolutions
shall be deposited with the city clerk , who shall record
them in a suitable book. All ordinances shall be pub-
lished once in the city official newspaper within three daysafter the same shall have become a law. The publication
of all ordinances granting any franchise 01' privilege shall
be at the expense of the applicant therefor.
Sec. 12. It shall not be necessary in any action to plead
01' prove the organization or existence of the corporation
City of .Alameda, or the passage , existence or validity of
any ordInance thereof; and courts shall take judicial cog-
nizance thereof without proof.
Sec. 13. Any measure that the council 01' the electorate
of the city, as herein provided , has authority to adopt the
council may, of its own motion , submit to a vote o f the
electors at a general or special election.
Sec. 14. Time of Taking Effect of Ordinances. Except
as otherwise provided no penal ordinance 01' measure
passed by the council , granting any franchise 01' privilege
and no ordinance or measure making 01' authorizing any
contract , except contracts for improvements the expenses
whereof are to be defrayed by local assessment , and
other contracts where the subject matter involved is of
less value than one thousand dollars , shall go into effect
until thirty days after its final passage. But ordinances
and contracts declared by the council to be necessary as
emergency measures for the immediate preservation of
the public peace , health or safety. passed by a four-fifths
vote of the whole council and containing the reasons for
their urgency may go into effect at the wil of the coun-
cil , or as otherwise provided by law; provided that a
contract in such case shall not obligate the city for a
longer period than one year; and provided further that
hi case of an extraordinary epidemic or disaster requiring
immediate action on the part of any of the public author-
ities, an urgency ordinance may be introduced and passed
immediat",ly at either a regular or special meeting with-
out any intervention of time between its introduction and
final passage.
Sec. 15. Ayes and Noes. Except as hereinafter pro-
vided no bil shall become an ordinance , and no resolution
shall be adopted unless finally passed by a majority voteof all the members of the council , the vote taken by ayes
and noes, and the names of the members voting for and
against the same entered in the journal. No resolution or
order for the payment of money shall be passed at any
other thaR a regular meeting or an adjourned regular
meeting.
Sec. 16. No ordinance shall be reenacted or
amended by reference to its title; but the ordinance to be
revised 01' reenacted or the section thereof to be amended,
shall be reenacted at length as revised and amended. Any
ordinance revised , reenacted or amended contrary to the
provisions of this section shall be void.
Sec. 17. General City Work. In the 4w, im ,e-
1lJ and r I!Jiir of all p1:l?liS" bJJ1L\liUgs and '%9J:k$, in all
street and !22Y!'!:"iQr:!, aria in all work in or about bJiXl1
wa,te fEP:It , or in 01' about emlJ:;
~~~
01' other
works''IoF protection against oY -rf!()iY"'""ana lh furnishing
any suppli rllat ;i:;-rt!le :t.!1e, when the expendi-
ture requlrea""fof"'t1ie"same " shan "exceed the sum of one
thousand clol!ars , the same shall be done by cOlltIJict , and
sl1arefetto the lowest responsible bidder
, "
alter np
by P!lli .tiQn in the official newspaper.
Provided , that the council may reject any and all bids
presented and may readvertise, in their discretion , and
Provided further , that after rej JiIl l?j2.11 the council
may declare and determine by a four-fifths vote of all its
members that in its opinion the work in question may be
performed more economically bygJi l2r, or the mate-
rials or supplies purchased at a lower price in the
marki'J) and after the adoption of a resolution toetrf, they may proceed to have the same done in the
manner stated without further observance of the foregoing
provisions of this section; and
Provided further , that in case of a great public calamity,
such as an extraordinary fire , flood , storm , epidemic or
other disaster, the council may, by resolution passed by a
vote of four-fifths of all its members, declare and deter-
mine that public interest and necessity demand the imme-
diate expenditure of public money to safeguard life , health
or property, and thereupon they may proceed to expend
or enter into a contract involving the expenditure of any
sum required in such emergency. Advertisements for bids
need not specifically state the work contemplated , but may
refer to specifications on file in the office of the city clerk.
Sec. 18. Advertising. The council shall annually call
for bids for advertising and a contract therefor shall be
awarded to the lowest responsible bidder.
Provided, that the council may reject all bids if in their
opinion the bid of the lowest responsible bidder is exorbi-
tant , and may again call for bids. In lieu of newspaper
advertising the council may issue and publish a bulletin
containing such matter as they are required by law to
publish , sending the same by mail to the registered voters
of the city, to their addresses as the same shall appear on
the great register of Alameda County, and shall also post
pI inted cop:es of such advertisement in three public places
in the City of Alameda , at least five days before action is
taken in response to said publication. Such mailing and
posting shall be deemed to be of the same effect as if the
advertisement had been fully published in the official
newspaper of the city. The council shall annually designate
as the official paper , a newspaper of general circulation
published in this city, which shall have been established
at least one year. In no event shall the rate for official
advertising exceed the usual rate charged by the paper for
publishing legal notices.
Sec. 19. No councilman shall be eligible to appointment
on any board or commission provided for in this charter
except as designated in the chaTter.
Sec. 20. Vacancies in the Council. Any vacancy in the
City Council , from whatever cause arising, except as other-
wise provided in the chapter of this Charter relating
Recall , shall be filled by the City Council , provided , how-
ever , that any person appointed to fill such vacancy shall
hold office only until the next general municipal election
at which time a successor shall be elected to serve for the
remainder of the unexpired tenn.
, for any reason the seats of a majority of the council
shall become vacant , the City Clerk shall call a special
election to fill the vacancies for the unexpired portions of
the terms. Such election shall be conducted as nearly as
possible as here:n provided for general municipal elections.
In such an event the City Clerk shall have full powers to
appoint all election officials , including a canvassing board
consisting of three electors , and to do and perform all acts
required in connection with said election.
(Amended by tbe vote of the electorate at special election held June 27.1933)
Sec. 21. Committees of Council. The council shall
appoint such standing and other committees as they deem
necessary.
Sec. 22. The council shall not sell or convey any por-
tion of water front or tide lands. No lease 01' sale ofreal shall be authorized by the council except by
ordinance passed by the affirmative vote of four-fifths
or all the members and no lease shall be made for a periodlonger than years; provided , however , the
council by vote or four-fths of all the me.r
bel's may authorize leases or the CIty s water front or tidelands for with the right of renewal for afurther term twenty-five years , in accordance
with the provisions or statute by which said wate
front and tide lands were granted to the cIty. No ordl-
nam e for the lease or sale of real estate or for the leaseof water front rights 01' tide lands by the council shall
take effect within sixty days from the date of passage.
Sec. 23. Whenever an applicant fo:: a franchise or ot
person shall pay in advance to tl;e clty the e?,penses of a
election , the council may, m Its dIscretIOn , call such
at which the proposed ordinance shall be sub-
vote of the eleetors.
Sec. 24. Expert Accounta,nL Th . couneil shall appoint
and fix the ccmpensation of a certIhed pubhc accountant
who shall semi-annually investigate the transactions and
accounts of all officers having the collectIOn , custody 01'
disbursement of public money, or having the power to
approve , allow 01' audit demands on the treasury; and
who shall have free aecess to all records , books and papers
in all departments of the city; he shall t:ave ower to ad-
minister oaths and afflrmatlOns, to examme witnesses
their attendance subpoena. Hc may at any tm1cof the public and make examinations and
thcrein without hindrance. He must exam-
ine the official bonds of all officers and investigate the
and solvency of sureties thereon. He shall
a record of his pro eedings , w!th the names of the
examinell and a substantIal statement of the
evidence taken. At the close of his investigation he shall
fie with the council a written report containing his rec-
ommendations. If during his examination it shall appear
that a public offense has been committed, or that an official
is in default , 01' that the sureties on any bond are insuffi-
cient, he shall immediately report to the council , which
shall take such proceedings as are authorized by law , and
may suspend the official pending such proceedings. Any
police officer shall execute the processes issued by him.
Sec. 25. Official Bonds. The council shall by ordi-
nance, determine what officers shall give bonds for the
faithful performance of their duties , and shall fix the
amounts of such bonds; and each of such officers shall
before entering upon the duties of his office , execute a
bond to the city in the penal sum provided by the ordi-
nance , including in the same bond the duties of all offices
of which he is made by this charter ex-officio incumbent.
Such bonds shall be approved by the council. All bonds
when approved shall be filed with the city clerk , except
the city clerk's bond , if any, which shall be fied with the
auditor. All the provisions of any law of this state relating
to the official bonds of officers as then existing shall apply
to such bonds except as herein otherwise provided. Every
officer of the city, before entering upon the duties of his
office , shall take and fie with the city clerk the constitu-
tional oath of office.
Sec. 26. Initiative and Referendum. Legislation may
be enacted by the electors of Alameda uuder the general
laws of the state providing for the initiative and referen-
dum.
Sec. 27. Prison Relief Fund. The council may in. its
discretion , set aside a sum each year to be known as the
Prison Relief Fund. Out of this fund , in the discretion
of the city manager , city justice and ehief of police , actiug
as a commission , may be disbursed to a prisoner 01' to
the family of a prisoner , such sum as the commission
may deem a fail' wage for services and work actually
performed by the prisoner for the city. Nothing herein
contained shall be construed to compel the commission
or the city to pay for any work or services rendered by
any prisoner.
Sec. 5. The foregoing provisions of this article shall
not take effed until the provisions of the general laws
of the state applicable to city justices of the peace shall
be repealed. In the event of such repeal the
council shall
by ordinance establish a police court.
Chapter II-City Attorney.
Sec. 6. There shall be a city attorney who shall be
appointed by the council , and who shall be an elector of
the city at the time .of his appointment , and shall be an
attorney and counselor-at-law duly admitted to practice
by the supreme court of the state. He shall have actuaUy
been engaged in the practice of his professio for a period
of at least four years next before his appointment.
shall hold office until removed by a four-fifths vote of the
whole counciL
Sec. 7. It shall be his duty to prosecute on behalf of
the people all criminal cases before the police court and
justices of the peace , for all violations of this charter and
of city ordinances and resolutions. It shall be his duty to
attend to all suits and other matters to which the city is
a party or in which the city may be legally interested.
He shall be 'n attendance at every meeting of the council
unless excused therefrom; and shall give his advice or
opinion in writing whenever required by the council
board of education or other city officers. He shall be the
legal ad ".ser of all city officers; he shall approve the
forms of all bonds given to and all contracts made with
the city; he shall, when required by the councilor any
member thereof , draft all proposed ordinances for the
city, and amendments thereto; and shall do and perform
all . thing's touching his office as the councilor the pre-
siding officer thereof may require of him , and at the
expiration of his term shall surrender to his successor
all
books , papers and documents pertaining to the city
business. He shall receive a salary to be fixed by the
council.
ARTICLE II.
J UDICTAL AND LEGAL.
Chapter I-Police Court.
Section 1. The judicial power of the city shall be
vested in a police court. to be held by the police judge of
the city. Said police court shall have jurisdiction con-
currently with the justices ' courts , of aU actions and pro-
ceedings , civil and criminal , arising within the corporate
limits of the city, and which might be tried in such jus-
tice s court; and shall have exclusive jurisdiction of all
actions for the recovery of any fine , penalty or forfeiture
prescribed for the breach of any ordinances of the city,
of all actions founded upon any ob1igation or liabilty
created by any ordinance , and of all prosecutio for any
violation of any ordinance. The rules of practice and
mode of proceeding in said police court shall be the same
as are 01' may be prescribed by law for justices ' courts
in like cases; and appeals may be taken to the superior
court of Alameda County, from aU judgments .of said
police court , in like manner and with like effect as in
cases of appeals from justices ' courts.
Sec. 2. . The police judge shall be judge of the police
court and shall have the powers and perform the duties
of a magistrate. He may administer and certify oaths
and affirmations , and may take and certify acknowledg-
ments. He shall receive for his services a salary to be
fixed by the council.
Sec. 3. In all cases in which the police judge is a
party, or in which he is interested , or when he is related
to either party by consanguinity or
affinity within the
third degree , or is otherwise disqualified, or in case of
sickness or inability to act , the police judge may call
upon any just:ce of the peace residing in the county to
act in his stead.
Sec. 4. The police judge must be an attorney-at-law
duly admitted to practice by the supreme court of the
state. He shall be eleded in the same manner and at the
same time as the councilmen , and shall hold office for
four years.
Section
ARTICLE IV.
FINANCE.
Chapter I-Auditor and Assessor.
1. Auditor. An auditor shall be elected at the
general election. He shall hold office for fourand his successor is elected and qualified. Hebe assessor and redemption clerk. His com
pensatio for all he may render the city shall be
fixed by the and shall not be less than three thou-
sand six hundred dollars per annum. He may appoint one
or more deputies fox' whose acts he and his bondsmen shall
be responsible.
(Amended by vote of the electorate at Special Election held Nov. 4,
1930)
Sec. 2. The auditor shall be the general accountant of
the city. He shall rec:eive and preserve in his office all
aceounts, books , vouchers , doeuments and papers relating
to the ac:counts and eontracts of the city, its
debts, rev-
enues and other financial affairs.
Sec.:3, He shall lwep an account of all moneys paid
into and out of the treasury, and the treasurer shall pay
no money except on demand approved by the auditor.
must always know the exact condition of the treasury.
Sec. 4. He shall approve no demand unless the same
has bcen allowed by the couneil, board or other authority
directed by the charter to act thereon.
Sec. 5. Every demand approved by 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 presentati
Sec. 6. Every demand upon the treasurer , before it
can be paid , must be presented to he auditor , who sh
satisfy himself whether the money IS legally due , that Its
payment is authorized by law , and out of what fund pay-
able. If he allow it he shall endorse thereon 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. 7. Except as otherwise provided in this charter
no money shall be drawn from the treasury unless in
consequence of apl)rOpI'iations made by the council and
upon demands duly drawn by the
auditor. No wanant
shall be drawn except upon an unexhausted fund.
Sec. 8. Assessor. As assessor the auditor shall per-
form all duties prescribed this charter , by ordinance
and by general law, for property for the purpose
of taxation.Sec. 9. The of property within the city
shall be made for year by the and he shall
employ such clerical assistance as may required to
properly prepare such assessment.
Chapter II-TreasUl'cr and Tax Collector.
Sec. 10. Treasmer. A treasurer shall be elected at the
general muni(Jipal election. He shall hold
office for four
years and until his successor is elected and qualified. He
shall be ex-officio tax and license collector. I-lis compen-
sation for all services he may render the city shall be
fixed
by the Council and shall not be less than three thousand
six hundred dollars per annum. He may appoint one or
more deputies for whose acts he and his bondsmcn shall be
responsible.
(Amended by vote'of the eleetorate at Special Election held Nov. 4. 1930)
Sec. n. As treasurer he shall receive and payout all
belonging to the city, and shall keep an account
receipts and disbursements.
Sec. 12. He shall payout money belonging to the eity
only upon legal demands allowed and audited in the man-
ner provided by this charter or authorized by law.
Sec. 13. Tax and License Collector. As tax and license
collector he shall perform such duties as are presc:ribed by
this charter, by ordinance and by general law.
(Amended by vote of the eleetorate at Special Election held Nov. 4, ID30)
Sec. 14. Bank may be Treasurer. When not in c:onflct
with the constitution of this state , it shall be permissibl
in the following manner , to abolish provision for the elec-
t' on of a treasurer:
An ordinance may be adopted by the vote of the
elec-
abolishing the provision in this chapter for the
a treasurer , and for the salary thereof, and
lieu thereof a provision for the
alJP int-
or banks to act as depositary or deposi-
taries of the funds of the city. Such ordinance must pro-
vide due safeguards for the proper keeping and
disburse-
ment of the funds of the city. It may also
name the salary
of the official who shall thereafter be elected tax collector;
and shall provide that such tax collector shall
make daily
deposit in the proper depositary of all
sums collected by
him as tax collector. Such ordinance may be drawn to
cover , supersede and repeal all the provisi ons of this chap-
ter. It shall not take effect
until the close of the term for
which the treasurer then in office has been elected.
CHAPTER III-Levying of Taxes
Sec. 15. Department Estimates. On or before the sec-
ond Monday of May in each year the
severa! boards and
heads of departments shall send to the CIty manager
detailed estimates of the amount of expenditure required
in each department for the fiscal year next
ensuing, in-
clnding a statement of the salaries of all subordinates.
Sec. 16. City Manager to Estimate Expenses. On 01'
before the first Tuesday in August in
each year the City
Manager shall transmit to the Council an estimate of the
expenses of the city government for the ensuing
fiscal
year , stating the amount required to meet the interest and
sinking fund for all outstanding funded debts, and the
wants of all departments, in detail , showing specifically
the amount necessary to be apportioned to each fund in the
treasury; also an estimate of the income from fines, licenses
and other sources of revenue
, exclusive of taxes on prop-
erty; also the probable amount required to be levied and
raised by taxation.
(Amended by vote of tbe electorate at Specht) JCection held Nov. 4,
1930)
Sec. 16-a. At any time after the first day of September
and not later than the third
Tuesday in September of each
year , the Council shall deternline the rate of city taxes
he levied and collected upon the property assessed for
tax-
ation 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 one
and one-half per cent (1% ';10) of the assessed valuation for
delinquencies, must be sufficient to raise the necessary
revenue for the City of
Alameda for the current fiscal
year; provided , however , the same for general revenue
pUI'J;oses . shall not exceed the limit of taxation provided
for m thIS Charter, and the provisions of law in relation to
the same. In fixing such rate the council shall fix the same
by designating the number of cents levied on each one hun-
dred dollars ($100.00) of assessed valuation of taxable
property, specifying the portion of the whole which shall
belong to an:y particular fund of the city, an
d designating
also the port on thereof ppropriated for each special pur-
pose o:r specIal bonded mdebtedness of the city.
Having
determmed on the whole rate to be levied, the Council
shall then levy the tax to provide for raising the necessary
revenue of the city for the current fiscal year.
(Adopted by the vote of the electorate at special election held June27,
1933)
Sec. 17. The council shall provide by ordinance a sys-
tem for the levy and collection of all city taxes which
Syste"! shall conf?r!J' as nearly as circumstanc
es may
permIt, to the prov1slOnsof the laws of this state.
18. P?Uar Limit.. The amount of the tax levy
SuffIcIent to provIde for the payment during the
of all demands upon the treasury authorized
out of the same; but such levy exclusive of
to pay the interest on and maintai'n the sinking
of bonded indebtedness of the city,
and exclusive
tax to pay for street and sewer work and to pay
the mainten nce and improvement of the parks
and publIc grounds of the city, shall not exceed
of one dollar on each hundred dollars valuation
property assessed. The council in making the levy
apportio the taxes to the several funds.
Sec. 18-a. The dollar limit specified in Section 18 of
this Article shall not include salaries of employees of the
school department.
18-b. The dollar limit specified in Section 18 of
shall not include salaries of
members of the
19. Emergency Reservation. The limitation in
last preceding shall not apply in case of any
or emergency. In such case the limitation
temporarily suspended. No increase over the
dollar limit shall be made in the rate of taxation . author-
ized to be levied in any fiscal year, unless such mcrease
be authorized by ordinance adopted by vote of the . people
or passed by a four-fifths vote of the whole councIl. T
character of such necessity or emergency shall be recIted
in the ordinance authorizing such action. Nothing in thissection shall authorize the incurring of liabilties not
allowed by law or which cannot be paid out of the income
and reve nue provided, collected and paid into the proper
fund as its proportion of the sam for suc!' fiscal year , or
permit liabilities 01' indebtedness ncurred ;n any . one fiscal
year to be a charge upon or paId out of the mcome 01'
revenue of any other fiscal year.
Sec. 20. All sales of delinquent taxes shall be made to
the City of Alameda.
Sec. 21. If the council fail to fix the tax rate within
the time prescribed , then the previous year s rate shall be
arbitrarily used and adopted.
Sec. 22. No contract made , the expens e of the execu-
tion of which is not provided hy law or
paid by assessments upon the property to be .
shall be binding or of any force unless the aud:torendorse thereon his certificate that there remams unex-
pended and unapplied asher in provided , a ba a:lCe of
the appropriation 01' fund apphcable hereto , suffIcIent to
pay the estimated expenses o f execuhpg such contract 3;s
certified by the board or offlCer makmg the sam . ThIs
provision shall apply to all work done orsupphes fur-
nished. The auditor shall makc such endorsement up
every such contract so presented to him if there . :emam
unapplied and unexpended such amount so specIfied by
the officer making the contract , and thcreafter !'e shall
hold and retain such sum to pay the expenses mcurred
until the contract shall be fully performed.
Sec. 23. The council shall authoriz e the di sbur emer:
of all public moneys except as otherwIse provIded m thIs
charter , or by state law.
Sec. 24. Surplus Returned to General und. At the
close of each fiscal year , if all demands agamst each fund
have been paid 01' satisfied , and all disputed 01' contested
demands fully determined , the council shall direct the
treasurer to transfer all surplus moneys to the generalfund, except such surplus moneys as may be in the several
interest and sinking funds and in such other funds the dis-
position of whose surplus moneys is otherwise provided for.
Sec. 25. All moneys derived from the sale of bondsincluding premiums, and interest accruing by reason of
the dep ositing thereof, shall be applied only to the purpose
for WhICh the bonds were voted. Any moneys remainingafter the work for which the bonds were voted has been
ompleted and paid for , shall be applied to the payment ofmterest on or to the retiring of such bonds.
Sec. 26. Board of Equalization. The council shall meet
at the usual place of holding meetings , on the first Tuesdayof September of each year , at ten o clock in the forenoon
said day, and sit as a board of equalization. It shall
power to hear complaints , and to correct , modify orout any assessment made by the assessor and may
its own motion , raise any assessment , upon notice to
whose assessment is to be raised. Such corrected
constitute the assessment roll for the fiscal year.
be certified by the city clerk , who shall act as clerk
board of equalization.
27. Any demand against the treasury remaining
at the end of the fiscal year for lack of moneyto its payment may be paid out of any money
subsequently come into the proper fund fromtaxes 01' other uncollected income or revenueSuch demands shall be paid out of such
revenue when collected.
All moneys received from taxes , licenses , fees
and forfeitures , and all moneys which may
01' received by any officer of the city in his
capacity, 01' from any department of the city, for
of any official duty, and all moneys accru-
city from any source , and all moneys directedor by this charter to be paid 01' deposited in the
shall be paid into the treasury daily.
29. On the first day of each month every officer
by law to charge any fee , commission , per-
centage, allowance or compensation , must make a wl'itten
report to the auditor of all moneys received by him during
the preceding month.
Sec. 30. All demands for salaries fixed by law , ordi-
nance or this eharter , and made payable out of thc treas-
ury, may be allowed . by the auditor without previous
approval by the councll.
ARTICLE V.
l'cDUGATION.
Chapter I-School Department.
Section 1. Board of Edueation. The control of the
school department shall be vested in a Board of Education
which shall consist of five members each of whom shall
hold office for a term of five years nd until the appoint-
ment and qualification of a successor. Such terms shall
begin on the first day of May and shall alternate so th::
the term of one member shall end on the 30th day of ApI'l
of each year. The members of the Board of Education who
shall be in office at the time this charter shall take effect
shall remain in office until the expiration of their respec-
tive terms. Thereupon and thereafter the vacancies occur-
ring by expiration of the terms of the incumbents shan be
fined by appointment made by the Mayor with the approval
and consent of the City Council. Any vacancy occurring
prior to the expiration of a term shall be fined by appoint-
ment, made as hereinabove provided , and such appointee
shall serve for the unexpired term. Members of the Board
of Education shall serve without compensation.
(Amended by the vote of the electorate at special election held June 27 J 1933)
Sec. 2. Organization. The board shall organize annu-
ally by electing one of its number president, whose term
of office shall be one year , and until his successor is
elected and qualified.
Sec. 3. Meetings. The board shall hold regular meet-
ings. at least once in each month , and at such other times
as it may determine. Special meetings may be called
at any time by the president; and the president shall call a
speeial meeting at any time when requested in writing so
to do , by any two members. Absence by any member from
four consecutive regular meetings , unless such member be
excused by the board by resolution entered upon its min-
utes, shall work a forfeiture of office.
Sec. 4. Powers of the Board. In addition to the powers
and duties prescribed by the general laws of the statethe board shall have power:
. On . To establish. and maintain public schools , includ-
mg mdergarten , pnmary, grammar , high , technical , and
eyenmg schools , and to change , consolidate and discon-
tmu the same as the welfare of the department may
reqmre;
. Provid,;d, that no teacher shall be elected to a position
m any of the public schools of the city unless he 01' she
be a properly accredited graduate of either a California
state normal school , the University of California the
Leland Stanford Junior University, 01' of an institution
of equal .rank , or :vho has had at least two years success-
ful teadung expenence;
To manage and control the school property;
Three. To employ, pay, promote , transfer and dismiss
tea ers d other employees; to fix , alter and approve
the r salanes and compensation , and to make rules gov-
ernmg the same;
Pour. To prov.ide the department with all necessary
and to ll:cur such other incidental expenses as
be necessary for the welfare of the department;
To construct , repair , alter , rent and provide
houses; to supply them with proper furniture
and appliances , and to insure any and all schoo
against loss by the elements;
To recommend and anange for the purchase sale
and exchange of school lots and other school ' prop
to take char ge of any and all real estate and per-
which may have been or may hereafter be
use and benefit of the public schools of
proceeds of any sale and the income from
property shall be used for school purposes;
Seven. To sue and to prosecute and defend actions at
law 01' in equity in the name of the board of education
and to employ counsel therefor in case the district attorney
01' the city attorney be disqualified or unable to act.
Sec. 5. School Superintendent. The board of education
shall appoint a superintendent of schools , who shall hold
office for four years unless sooner removed by a vote of
four members. He shall be the executive officer of the
board in all matters relating to instruction , discipline and
conduct of the schools. He shall receive such compensation
as may be fixed by the board. He shall be ex-officio the
secretary of the board and shall act as bookkeeper for the
board , without extra compensation. He shall attend all
sessions of the board , and shall make such reports as the
board may require , or as he may deem to be for the interest
of the department.
Sec. 6. The board shall appoint an assistant secretary,
whose compensation shall be fixed by the board.
Sec. 7. The board of education shall organize and act
as a high school board as provided by law.
Sec. 8. 'fhe board shall determine annually the amount
of money necessary to support and maintain the public
schools of the city and to carry into effect all provisions
of law regarding the same , and shall , on 01' before the
second Monday in May of each year , submit in writing to
the council an estimate of the money to be received from
the state and county and an itemized estimate of pro-
posed expenditures for the next fiscal year , with a request
for such additional money as they may need in excess of
the amount to be received from the state and county.
Such additional money, when collected, shall immediately
be paid into the school fund of the city, which fund shall
be drawn upon only by warrants for claims duly allowed
by the board against the school department. The wal'ants
must be signed by the president and secretary of the board
and by the auditor.
Chapter II-Free Library.
Sec. 9. Free Library Trustees. The Alameda Free Li-
brary shall be under the control of a board of live trustees
receive no compensation. The members of the
who shall be in office at the time this charter shall
effect s all remain in office until the expiration of
respectIve terms. Thereupon and thereafter the va-
expiration of the terms of the incum-shall by appointment made by the Mavor
the appro al and consent of the City Council. Such
shall begm on the first day of May and shall alter-
that the t rm of one trustee shall end on the thir-
of A l'l .of e ch year. Any vacancy occurring
expllatI?n of a term .shall be filled by appoint-
made as heremabo,:e provIded , and such appointee
serve for the unexlnred term.
by the vote of the electorate atspecial election held June 27.1933)
10. The board of library trustees shall meet atonce a r.onth at such time and place as they may
resolutIon.. Special meetings may be called at anythe presIdent or by two trustees. A majority of
s)1all constitute a quorum. The board shall
one of l S n mber president , who shall serve for one
untIl hIS successor is . elected , and in his abse)lce
shall select a presIdent pro tem. The boardcause a proper record of its proceedings to be kept.
Sec. 11. The board of library trustees shall have power:
To mak and enforc !,ules , regulations and by-
for !he admIllstration , government and
. hbrary, and all property belonging
AU fines collected shall be deposited with the
to the credit of the library fund;
To administer any trust declared 01' created for
and to rec ive by gift , devise 01' bequest and
01' otherwIse , property situated in this state
and when not otherwise provided dispose
the benefit of the library;
To prescribe the duties and powers of the
secretary a d other officers and employees of
to determme the number of and appoint all
and employees , and to fix their compensation;
To purchase necessary books , journals , publica-
other personal property;
Five. To request the secretary of state and other state
officials to furnish the library with copies of any and all
reports, laws and other publications of the state not other-
wise disposed of by law;
Six. To boI'OW books from , lend books to , and ex-
change the same with , other libraries and to allow non-
residents to borrow books upon such conditions as the
board may prescribe.
Sec. 12. The board shall, on 01' before the last day of
July in each year, make a report to the city council
, giving
the condition of the library on the thirtieth day of June
preceding, together with a statement of
its proceedings
for the year then ended, and forward a copy thereof to the
state library at Sacramento.
Sec. 13. Library Fund. 'fhe board shall determine an-
nually the amount of money necessary for the mainte-
nance of the library. They shall, on or before the second
Monday in May, each year , submit to the council an item-
ized estimate of the amount so determined. If this amounts
to seven cents , or less , on each one hundred dollars of
assessed valuation, it shall be added to the amounts other-
wise provided by them to be levied and collected for city
purposes. Any amount in excess of seven cents per hun-
dred dollars valuation shall be at the
discretion of the
council. When collected , the proceeds shall immediately be
paid into a fund to be designated the "Library Fund,
which fund is hereby created and shall be drawn upon only
on order of the board of library trustees , as herein pro-
vided.
Sec. 14. All money acquired by gift , devise, bequest,
01' otheTwise , for the purpose of the library, shall be
credited to the library fund, and shall be applied to thepmpose therein authorized. If such payment into the
treasury should be inconsistent with the conditions or
terms of any such gift, devise , or bequest , the board shall
provide fOT the safety and preservatio
of the same, and
the application thereof to the use of the
library, in ac-
cOI'dance with the terms and conditions of such gift , devise
01' bequest.
15. All claims against the library fund which shall
been allowed by the library trustees a n'd signed by
and secretary thereof and by the auditor
paId by the treasurer from said fund.
16. The use of the library shall be subject to such
as may be made by the board , for violation of
any 'p rson may be fined, suspended 01' excluded
the pnvIleges of the library.
17. When not inconsistent with the terms of its
and when not otherwise designated the title
acquired for the pmpose of the lib ary shall
City of Alameda , and may be sued for and
by action at law 01' otherwise , in the name of
of Alameda. The library board shall have full
management and control of such property.
ARTICLE VI.
DEPARTMENT OF ADMINISTRATlON.
The department of administration when
to, shall be held to include the depart-
safety, he departmen of health and the depart-
recreatIOn; also , subJect to the city ordinances
the control of all street and sewer work
repai of buildings , excep t such as may
control o the l:oard. ?f. educatIOn , the library
board of publIc utIlItIes; the control of all
quays and waterfront property belonging
control of the city, and the development
It shall embrace all other executive and admin-
functions of the city government not otherwise
for.
ARTICLE VII.
CITY MANAGER.
The c uncil s hall appoint a City Manager.
not be a resIdent of the State of California at the
appointment. His salary shall be fixed by the
and shall r:o thereafter be Teduced except by
. vote of four members thereof; nOT in any
saId salary be less than ThTee Thousand Dollars
per annum. He shall hold office until removed by the
affirmative vote of four members of the council.
(Amended by the vote of the electorate at special election held June 27, 1933)
Sec. 2. His powers and duties shall be:
One. To see that all ordinances of the city are enforced;
Two. To appoint , except as otherwise provided in this
charter , all heads of departments, subordinate officials
and employees in the department of administration , and
to remove the same;
Three. To exercise general supervision and discretion
over all persons , firms , companies and corporations owning,
controlling or operating public utilities within the city
limits, in so far as any of them are subject to municipal
control. This provision is subject to other charter pro-
visions relative to such public utilities as now are or may
hereafter be owned by the city;
Four. To keep the council fully informed as to com-
pliance with the law in the operation of public utilties
within the city limits; to see that ,the provisions of fran-
chises , permits and privileges granted by the city are fully
observed , and to report to the council any violation thereof;
Five. Board of Social Service. To appoint a board of
social service , which shall , under him , have charge of all
matters pertaining to the care and relief of the needy,
the establishment of employment bureaus, day nurseries
and the like. Said board shall , under the city manager,
have charge of the expenditure of the relief fund providedby the council. It may receive and disburse gifts from
private individuals and from institutions. Its members
shall serve without compensation;
Six. To act as purchasing agent for all departments of
city except those of education and public utilties; and
those departments he shall assist in making purchases
requested to do so by the respective boards in control
Seven. To attend all meetings of the council unless
therefrom by the council or by the mayor;
Eight. To examine 01' cause to be examined , without
the conduct of any officer or employee in the de-
of administration;
To keep the council advised as to the needs of
To appoint a secretary, whose compensation shall
by the council;
To prepare 01' cause to be prepared , plans
etc., for work which the council may order
his supervision;
To have control , subject to such ordinances as
time to time be adopted , of all public utilities
and operated by the city and not by this charter
to other control;
To devote his entire time to the interests of
He may appoint advisory boards of such
of members as he may deem best , to confer with
assist him in his management.
city manager shall not be subject to the
influence of the councilor of any member
appointment of any subordinate , or in the
of purchases.
the absence or disability of the city manager
shall fill the vacancy by temporary appoint-
City Engineer. The city manager shall appoint
He must he a civil engineer
, ,
who has
not less than five years. He shallto the work of the city, under the
manager. He may be directed by the
for private parties inside the city
shall be rendered by the city man-
fees collected shaH be paid into the city
by a statement of the services
engineer shall do no private work
city manager may appoint a street
may combine in one appointment the
superintendent and city engineer.
Sec. 6. The city engineer shall possess the same power
in making surveys, plats and certificates as is given by
law to city engineers and to county suryeyors. He shall
be the custodian of and shan be responsIbl
for all maps,
plans, profiles , field notes and other re and .mem?r-
anda belonging to the city and
pertammg to hIS offIce
and to the work thereof; all of which he shan keep in
proper order and condition , wit full indexes the!eof , and
shall turn over the same to hIS successor , takmg from
him duplicat receipts therefor , one of which h shall file
with the auditor. An maps , plans , profiles, field notes
estimates and other memoranda of surveys and other pro-
fessional work made or done by him or under his direction
01' control , during his term of office, 01' that he may have
received from his predecessor
, shall remain the property
of the city.
Sec. 7. Department of Safety. The department of
safety shall include the police and fire departments, and
shall be under the control of the city manager
, subject to
the provisions of Section 7
, Article II of this charter.
Sec. 8. Police Department. The city manager shall
appoint a chief of police. He shan (a) appoint and
remove
all subordinates in the police department
, subject to the
provisi hereafter stated; (b) make rules and regulations
for the government of the police department; (c) prescribtests for examination as to fitness of applicant
for posi-
tions in the police department. All appointment to the
police department shall be made after competitive ex-
amination.
Sec. 9. Fire Department. The city manager shall
point a chief of the fire department, and shall (a) appomt
and remove all subordinates in the fire department, sub-
ject to the provision hereafter stated; (b) make rules and
regulati ons for the government of the
fire department.
Al! appointments to the fire ' department shall be made
after competitive examination.
Sec. 10. Any charge brought against a member of the
police department 01' fire department , who has been in the
service of the city for
five years, ?hall be he:;rd by the
City Manager , and he shall detenl1ne the pumshment or
to be given in the case. In the event of a d,ismissal
otherwise , the discharged person shall have the
appeal from the order of dismissal to the police
board of appeals, which board is hereby estab-
Said board shan consist of the mayor and two
of the city, who shall serve without compensatio
appointed by the council , said appointment being
term of two years. No state , county or city official
for appointment. In the case of the first
hereunder , lots shall be drawn for a one year
two term , and thereafter one member
each year. A majority vote shall con-
may adopt its own rules of procedure.
to such board shall be taken by the fiing of a
of appeal , duly signed by such discharged
stating the grounds upon which such appeal is
notice shall be filed with the City Manager
served upon said board within thirty
the order of dismissaL If such notice
within such time , the order of dis-
Upon the filing of any such
shall set a day for the hearing thereof.
against appellant shall be tried anew by said
decision of the board shall be rendered withinfrom the date such appeal is taken.
vote of the electorate at special election held.J une 27,1933)
ARTICLE VII.
DEI' AR'lMENT OF HEALTH.
Health Officer. The city manager shall ap-
officer who may also be the city physician
office during the pleasure of the city man-
have the degree of Doctor of Medicine
a license to practice medicine in the StateHe shall have practiced medicine for at
health officer he shall have all the powers
subject to all the duties conferred
on boards
on health officers by the general laws of the
shall have such other powers and duties as may
by ordinance.
Sec. 8. City Physician. As city physician he shall at-
tend free of charge, when called upon , the injured and the
indigent sick of the city. He shall have charge of any
receiving hospital or dispensary established for the treat-
ment of emergency cases and the sick poor.
Sec. 4. He shall have the power of removal of all ap-
pointees of the health department.
Sec. 5. He shall have power to appoint and prescribe
the duties of such subordinates as are necessary to the
efficiency of the department , including a veterinarian and a
sanitary and plumbing inspector.
Sec. 6. He may, with the written consent of the city
manager , appoint also , one or more physicians, emergency
surgeons, bacteriologists , chemists , food and market in-
spectors , and a clerk of the department , and may prescribe
and direct their duties.
ARTICLE IX.
DEPARTMENT OF RECREATION.
Section 1.. The city manager shall have supervision
direction and control of all playgrounds and recreation
centers , and of all games , recreation , athletic sports and
physical exercises that now are or shall be permitted to
be conducted in any of the playgrounds 01' recreation
centers of the city.
Sec. 2. He is empowered to employ all necessary super-
visors and assistants , to discharge them , and to adopt
rules and regulations for the conduct of the department.
Sec. 3. He shall keep a record of all proceedings rela-
tive to the playground activities , and shall make to the
council , on 01' before the second Monday in May of each
year , a report in writing thereof , and an itemized state-
ment of expenditures during the preceding year , embody-
ing recommendations for the development , control and
use of playgrounds and recreation centers.
Section
ARTICLE X.
DEP ARTMENT OF PUBLIC UTILITIES.
1. There is hereby created a board of public
which shall control tht;. c?nstruction , operation
and. funds of all utIlItIes from which income
wh1Ch now are or may hereafter be owned
The board shall consist of five members. The
shall be, ex-officio , a member of said board.
members shall be appointed by the Mayor
approval and consent of the City CounciL At leastsuch shall be a registered civil , mechani-
engmeer.
appointive members shall each hold office for a
years and until the appointment and qualifi-
successor. Such terms shall begin on the first
and .shall alternate so that the term of one
expIre on the. 30th day of April of each year.
occurrmg: pl'or to the expiration of a term
by app nntment , made as hereinabove pro-
such appomtee shall serve for the unexpired
of the board of public utilties in office at
. section , as mended , shall become effective
11 offIce untIl the expiration of the term for
were respectively appointed and until their
appointed and qualify.
sectio.n. shall become effective there shall be
addIt onal members on said board , one of
. appomted for a term ending on April 30
for a term ending April 80 , 1936.
vote of the electorate at special election heldJune27, 1933)
board shall organize annually at its first
by electing a president and vice-
a secretary. Three shall consti-
hold a regular meeting on the
Wednesday of each month at eight
of the Department of Public Utilties
other meetings as they shall determine
of the electorate at 8vecial election heldJ"une 27.1933)
city treasurer shall keep the fund of each
Any su plus to . t he limit of fifteen per
value of any utIlIty may be invested by
direction of the board in bonds of the City of Alameda , or
in state, county or municipal bonds of th s state , or n:
be transfened to the general fund of the CIty by resolut
of the board of public utilities. Copy of such resolutJOn
shall be transmitted immediately after its adoption by the
board to the city council. Said fund so transferred by such
resolution shall thereupon become part of the general fund
of the City of Alameda.
(Amended by the vote of the electorate at special election held June27, 1933)
Sec. 5. The books of each utility shall be kept in suc
form as is required by state regulation governing publ1c
utilities , and a monthly Teport in detail shall be made to
the council.
Sec. 6. Subject to other provisions of this charter the
board of public utilities shall have power:
One. To fix rates for service;
Two. To buy and sell materials and supplies incidental
to the operation of each utility within the limitations as
hereinafter stated.
(Amended by the vote of the electora,te at special election heldJune27 ,1933)
Three. To employ, fix the compensation of and dis-
charge employees;
Four. To do work for other departments of the city at
cost.
Sec. 7. On or before the second Monday in May of each
year the board shall prepare and submit to the council an
estimate of income and expenditure of each utilty for the
coming fiscal year.
Sec. 8. All money collected shall be deposited with the
treasurer as soon as practicable. Demands on any fund
shall be signed by the president and secretary of the board.
In the event that the president be temporarily abseD:t , or
unable to perform his offieial duties, the vIce-presIdent
shall sign such demands.
(Amended by the vote of the electorate at special election heldJune 27.1933)
Sec. 9. The board of public utilities shall not. incur any
expenditure , or enter into any contract for serVIces or for
the sale or purchase of any property of whatsoeover nat ure
involving a sum in exeess of Three Thousand Dollars wIth-
of the city council , except as otherwise
10 and 11 of this article.
01' contracts other than insurance exceeding
dollars in amount shall be advertised by theshall be awarded to the lowest responsible
all bids are rejected.
for the sale .of equipment 01' other property,
herein otherwise provided , exceeding one thou-
in value shall be advertised by the board and
to the highest responsible bidder , unless
rejected.
vote of the electorate at special eleetionheldJune27.1933)
The board shall control the generation , pur-
and sale of electrical energy, and shall
alled activities , such as electrical inspec-
and police telegraph and telephone system
may be operated by the city. It shall also
and distribution of water , gas and the
commodity acquired by purchase of the
any person or corporation supplying a public
board shall have power to enter into a
not to exceed five years , for the pur-
or electrical energy, or for the pur-of utilty. No such contract
by ordinance. The distribu-
acquired shall be subject to the
Such contracts shall not be
of Section 22 , Article IV. Such
effect until sixty days after its
of the Board of Public Utiities
at special electionheldJune27 1933)
ARTICLE XI.
ELECTIONS.
Chapter I-General Elections.
shall be held on
in November ofafter the
make oath tnat the statements therein are
each signature is the genuine signature of
whose name purports to be thereto subscribed.
shall b proposed by not less than fifty
of the CIty. No more than ,one candidate
a?r one petition
, .
and no person may sign
petItIOn for a candIdate for anyone office.
shall be presented to the city
by the written acceptance of the
the clerk. He shall immediately
and therefrom shall ascertain
signed by the requisite number of
He shall , within five days, attach his
petition , showing the result of his ex-
each even numbered year. The first election under this
Charter shall be held on Tuesday, November 6, 1934.
(Amended by the vote of the electorate at special election held June 27
, 1933)
Sec. 2. Elections shall be neld and conducted as nea!ly
as may be, in accordance with th provisio s of th electlOn
laws of the state , except as herem otherwIse provIded.
Sec. 3. Terms of Elective Officers. Elective officers
shall hold office for a period of four yeaTs from and after
eight o clock p. m. of t e third Mor:day ?f December fol-
lowing the day of electIOn and untIl theIr successors
. are
elected and qualified; provided , however , that the offIcers
elected at the general municipal election held in
ovemb
in the years 1934 and 1936 for the full terms endmg on the
third Monday in December in the years 1938 and 194
respectively, shall not take office until the third
Monday m
April following their election.
The elective officers of the city in off.i at the time. th
section as amended shall become effectIve , shall remall II
office until the expiration of the term for which they were
respectively elected and until their successors are elected
and qualified.
(Amended by the vote of the electorate at spedal eleetion heldJune27 ,
1933)
Sec. 4. In the election of councilmen after the
first
general municipal election, where full terms and one 01'
more unexpired terms are to be filled , the person or per-
sons elected by the highest number of votes shall be
elected for the full term , and the person or persons re-
ceiving the next highest vote shall be elected for the short
term 01' terms, as the case may be.
Sec. 5. Nominating Petitions. The mode of nomina-
tion and election of officers to be voted for at any general
municipal election shall be as follows:
Not later than thirty days and not earlier than
days before any general municipal election
city may, by written petition , prese.nt naI?s of
for election. The signatures to saId petItIOn
appended to one paper,
ut each .ner shall
signature his place of resIdence
: gIVmg str
when such designation can be gIVen. One of the
Any candidate may withdraw by
clerk , before the publication hereinafter
statement of his desire to withdraw'
the city clerk shall strike his nam
Immediately after the
city clerk shall enter the nameswith the offices to be filled , and
before the day of election shall
at least ten days before the
three times in the official
the election. Said proclama-of the time of the election,
and the names of the candidates,
mayor and attested by the city
Article XI repealed 'March 8, 1927)
of Qualifications. At least thirtyelection each candidate must de-
the City Clerk , a verified state-
thereof equal to the number of
copy shall be printed on white
nine inches long, and shall havethereon, followed
is a candidate , and a
") ,'
0i)
statement as to his residence
, place of birth , present occu-
pation , whether or not he has been convicted of a felony
or a misdemeanor involving moral turpitude, and what
public office he has held and whether . he is a taxpayer in
the City of Alameda. He may give such other information
regarding his experience and qualifications as might enable
the electors to estimate his fitness to fill the office. Such
statement shall also contain the names of not more than
twenty residents of the City of
Alameda to whom he
refers. One copy of such statement shall be mailed to each
qualified elector with the sample ballot.
Any material mis-statement of facts required herein
shall disqualify a candidate from holding any office in this
city.
(Amended by the vote of the electorate at special election heldJune27, 1933)
Chapter II-Recall.
Sec. L Recall. The holder of any elective office of this
city may be removed 01' recalled from office at any time by
the electors; provided he has held his office at least six
months and no recall petition has been filed against him
within a like period. The provisions of this chapter are
intended to apply to officials now in office , as well as
those hereafter elected. The procedure to effect such recall
shall be as hereinafter set forth.
(Amended hy the vote of the electorate at special election held Junc 27,
1933)
Sec. 2. Filng of Notice of Intention. Recall proceed-
ings shall be instituted by the filing with the City Clerk of
a l\jotice of Intention to circulate a petition for recall. Such
notice of intention shall be signed by three or
fied electors of the city and shall state theof the officer sought to be recalled and con-
tain a general statement , not exceeding three hundred
words in length, setting' forth the grounds on which
recall of such officer is sought.
Said statement , and the answer thereto hereinafter
vided for, shall be intended solely for the information
the electors and no defect in the form 01' substance
shall in any manner affect the validity of any such
proceedings. Every person whose name is signed to
his or her address therein. Each person
ust acknowledge his signature
authorized to take acknowledgments in
certificate of acknowledgment of such
to said notice or endorsed thereon.
and filing of said notice the City Clerk
he date of such filing.
at special election held June 27,1983)
Notice. Within seven days fromand
notice of intention provided for in the
a true copy of said notice shall be
officer sought to be recalled 01'
by registered mail , by depositing
States post offce in this city, in aprepaId, addressed to suchin the city. If made by
deemed complete at the time of the
said notice in the United States post
the party making such service shall be
the City Clerk. Said affidavit shall
the place where , and the manner
electorate at special election held June 27. 1933)
fourteen days after the filing
the officer sought to be recalled
an answer in which he may
not exceeding three hun-
answer to the general statement
?f intention , or any other justifica-
offIce.
and acknowledged by the
before an officer authorized to
and the certificate of acknowledg-
shall be attached to said answer or
filing of said answer the city clerk
the date uf such filing. If such answer
filing withiu the time herein specified or
if such answer does not conform to the requirements herein
set forth , the City Clerk shall refuse to fie the same.
(Amended by the vote of the electorate at special election held June 27. 1933)
Sec. 5. Petition for Recall. Contents. A petition de-
manding the recall of an elective officer of the city shan be
addressed to the council of the City of Alameda and shall
state the name and office of the officer sought to be re-
called and shall contain a copy of the original notice of
intention filed with the city clerk , and a copy of the
answer , if any, fied by the officer sought to be recalled.
If said offcer has not filed any answer within the time
herein limited , then said petition must so state.
A petit:on demanding- the recall of an elective officer of
the city shall be filed with the city clerk.
Such petition shall be signed by qualified electors of the
city equal in number to at least twenty-five per centum.
(25')';) of the total number of persons voting at the gen-
eral municipal election next preceding the filing of such
petition.
The signatures to the petition need not all be appended
to anyone paper. Any petition for recall may consist of
several separate sections and each such separate section
may consist of several sheets of paper attached together;
provided , however, that each such separate section shall
contain a full and accurate copy of the title and text of
the petition.
(Amended by the vote of the electorate at special election heldJune27, 1933)
Sec. 6. Signatures. Each signer of a recall petition
shall sign his or her name in ink 01' indelible pencil and
shall add to such signature his occupation and place of
residence , giving street and number , where such street or
number or either exist, and if no street or number exist
then such a designation of the place of residence as wil
enable the location to be readily ascertained. Each
shall also add the date of signing opposite his or her
(Amended by the vote of the electorate at special election heldJune27, 1933)
Sec. 7. Verification of Signatures. There shall be at-
tached to each petition , and to each separate section
thereof , an affidavit made by a qualified elector
and SWOl'n to before an offcer competent
that the affiant solicited signatures to that
and saw wrjtten the signatures appear-
and that accordmg to the best information
the affiant , each is the genuine signature of
name purports to be thereonto sub-
a qualified elector of the city.
vote of the electorate at RPeeia.l election held June 27,1983)
of Petitions. The petition demand-
officer n med in said notice may not
the q ahfied electors of the city for
sIgnatures thereon until the ex-
after the filing of said notice of
clerk.
electorate at special electiou held June27. 1933)
of Si!\natures. Any signer of afile wIth the city clerk a verified
If said revocation is filed with
the petition is certified to by him , he
electorate at special election heldJune27 , 1933)
Petitions. Within forty-five days
of the notice of intention provided
all sections comprising any recallwith the city clerk. The clerk shall
the date of filing and the name
requesting the filing of the same.
sections shall together be deemed and
at special election held June 27.1 H33)
of Petition. Certificate. Within
of time limit set forth in sec-
clerk shall examine and from theascertain and finally determine
is signed by the requisite
and shall forthwith attach to
properly dated , showing the
at special elect.ion held June 27 1933)
Petitions. If , by the clerk's cel'-
IS shown to be insufficient , the same
may be supplemented by filing with the .city clerk, :n!thi
fifteen days from the date of such certIficate , addItlOnal
and supplemental petitions , duplicates of and iden al with
the original petition, as to the text of
the petItlO , but
containing additional signatures. The city clerk shall en-
dorse on such petitions the date of filing and the name of
the person or persons requesting the filing of same.
Within ten days from the expiration of the time limit
as set forth in this section
, the city clerk shall make like
examination of the supplemental petitions as of the orig-
inal petition and shall attach hi:o certificate thereto , prop-
erly dated , showing the result of such examination.
Sec. 13. Insufficiency of Petition. If the clerk'
s certifi-
cate shall show that all the valid signatures on said peti-
tion, including those contained in the
supplemental peti-
tions, are stil insufficient
, no further action shall be taken
thereon' but the petition 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
proceedings for recall.
(Amended by the vote of the electorate at special election heldJune27,
1933)
Sec. 14. Clerical Assistants. If required
by the city
clerk , the city council shall authorize the clerk t plo'y
in addition to the persons regularly employed by hIm m. hIs
office such persons as may be necessary
::
examma-
tion of said petition and supplemental petItIo and shall
provide for the compensation to be paid such persons.
(Amended by the vote of the electorate at special election heidJune27 ,
1933)
Sec. 15. Election. If the
petitio , either as originally
filed 01' as supplemented , shall be found. to be suf!icient , the
clerk shall submit the same to the CIty councIl together
with his certificate thereto attached , at the next regular
meeting of said council after the date of J:is certificate of
such sufficiency. The councIl shall forthwIth cause a spe-
cial election to be held within not less than thirty-
five nor
more than forty-five days after the date of the order call-
ing such election , to determ ne whether the . eJecto-;s wil
recall such officer. One electlOn shall be
SUffICIent for the
recall of one or more officials. Should a regular municipal
election occur not more than sixty days nor less than
from the time of the rec ipt of the petition
from the clerk , the councIl shall provide for
of the question of such recall at such regu-
At any such regular election , when the ques-
recall of an .officer is submitted , the ballots for
of the vote on the question of such recall
separate from any other ballots used in such
thp. vote of the electorate at special election held June 27.19:13)
Form of Ballot. The ballots at such recall
conform to the following requirements:
be printed thereon the following question:
of person against w hom the recall petition
the offIce of the (title of the
which question shall be the
and "No " on separate lines with a blank
of each , in which the el ctor shall indi-
a cross (X) his vote for or against such
more than one person is sought to be re-
election , the question of recall shall be
each person separately.
vote of the electorate at special election held June 27.1933)
Ballot. The city clerk shall cause to be
to each elector of the city at least ten
recall election , a sample of the ballot to
of Votes. The votes shall be canvassed
the day of said election and if
of those voting at said lection
of the recall of any incumbent
or incumbents shall be deemed
and a vacancy 01' vacancies as the
be deemed to exist therein.
of Recall Proceedings. Proceedings
shal be deemed pending from the
of the NotIce of Intention to circulate a
of such officer.
the electorate at special election heidJune27, 1933)
of Fillng Vacancies. In the event
should Pl'evail 01' in the event that any
officer should resign while proceedings for his recall
are
pending, the vacancy 01' vacancies caused by such recall are
resignation shall forthwith be filled by the City Council by
appointment. Any person so appointed shall hold office
subject to the contingency hereinafter provided for until
the next general municipal election , at which time a person
shall be elected to serve for the remainder of the unexpired
term; provided , however , that in the event that a special
election be ca1led and held pursuant to the provisio con-
tained in tbe next succeeding section
, then any such
pointee shall hold office only until the date on which
special election shall occur , at which time his tenure of
office shall terminate.
(Amended by the vote of-the electorate at special election held June 27.1933)
Sec. 21. Petition for Special Election.
days from the date of any appointment
made
Council pursuant to and in accordance
of Section 20 he1'eof, a petition may be the
Clerk requesting that a special election be held for
purpose of electing an incumbent 01' incumbents for any
such office , to serve in the place of the person 01' persons
so appointed and for the l:alance of the unexpired term of
the officer 01' officers recalled 01' 1'esigned.
Such petition shall be addressed to the City Council
shall state the office 01' offices sought to be fi1led l:y special
election and the name of the person 01' persons whose
tenure of office is sought to be terminated.
Such petition sha1l be signed by qualified electors of
City equal in number to at least forty percentum (40%)
the total. number of persons who voted at the next
ing municipal election.
Any petition may consist of several sepa1'ate
and each such section may consist of several sheets
paper attached together; provided
, however , that each
separate section shall contain a full and accurate copy
the title and text of the petition.
The signatures on such petition shall be affixed and
several sections thereof verified in the
same manner
plOvidcd for recall petitions in sections G and 7 hereof.
4.0
days from .tl;e expiration of said thirty
such petItlOnbe filed , the City Clerk
. the .cords of registration deter-
saId petitIon is signed by the requisite
cto1's and sha1l forthwith attach to
certIficat , properly dated , showing the
be found to be su ffcie , the City
the same;, together wIth hIs certificate
to the CIty Council at its next regular
the ?ate o his certification. There-
forthwIth call a special election
thirty-five nor more than fortv
order calling such election. Any
an offIce at suc special election sha
the ..nexpIred term of the officer
saId offIce and who resigned or was
contained sJ:all bar an appointee of the
a candIdate at such election.
electorate at special election heldJune27 , In3B)
COl mission. In the event that a ma-
councIl . shall be recalled at one and the
and m that case the city clerk shalla special election to fill such
be held not less than thirty-
days after the date of the
election. In such an event the
full power to appoint all election
perform all acts required in con-
The city clerk shall name th1'ee
shall act as a canvassing board
said election and who shall de-
Before entering upon his duties
board shall take the con-n a regular municipal election
days nor less than forty
the votes aforesaid , the
fillmg of the vacancies at such
special election heldJ'une27 , H)33)
Sec. 23. All recall elections and all special elections 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.
(Amended by the vote of the electorate at special
election held June 27. 1933)
Sec. 24. A person who has been recalled from office 01'
who has resigned while proceedings for his recall were
pending, shall not be a candidate and his name must not
appear on the ballot as a candidate for the same office , at
any election at which the vacancy caused by his recall or
resignation wil be filled.
(Amended by the vote of the electorate at sp",cial election held June 27,
1933)
Sec. 25. Interpretation. This chapter shall be
liberally
construed to promote the objects thereof , and no error
omission 01' irregularity not affecting the substantial rights
of any citizen 01' public official shall ever be held to invali-
date any proceedings taken hereunder where the require-ments of this chapter have been substantially complied
with.
(Amended by the vote of the electorate at special election held
JU11c27, 1933)
ARTICLE XII.
FRANCHISES.
Section 1. Franchises to Use Streets. Every franchise,
permit 01' privilege for the purposes hereinafter enumer-
ated in this section shall, except as otherwise provided in
the constitution of the State of California
, be granted by
ordinance upon the condition specified in this article , and
not otherwise.
One. Every franchise , permit or privilege to construct
01' maintain or operate a stl'eet railroad , a suburban rail-
road , or an interurban railroad along, upon, over , in , under
or across any street , lane , alley, court, highway, road, park
or other public place in the City of Alameda.
Two. Every franchise , permit or privilege to lay 01'
maintain or operate pipes 01' conduits
under or across any street , lane , alley,
road , park or other public place in the City of
the purpose of transmitting e1E ctlical energy, water , ga,;
steam , oil, ail' or other substances.
Every franchise , permit 01' privilege to erect
poles or to string wires along, upon
01' across any street, lane , alley court
park or other public place in the 'City o
purpose of transmitting electrical energy.
New Franchises. New franchises may
by ordinance , to the person
the efor the highest percentag
. reyenue rec elved from the use , operation
of saId franchIse , fixed as herein provided.
of a written pplicatio from any person
a cash deposIt or certIfied check sufficient
of such advertisement , the council may
the franchIse referred to in said applica-to be published for at least five
describing the nature ofconditions thereof and
will be offered fo ' sale
firm 01' corporation offering
of net receipts
percentage shall not be less
Any responsible person firm or
at said sale and may aise the
not less than one per cent until
by the council to the person
the highest percentage of th
council .may in its discretion reject
may wIthdraw said franchise from
bids. E:very bidder , before his
must fie with the city clerk a
a cash deposit in an amount
cost of the advertisement herein
of the successful Gidder, or so
necessary, shall be used to pay
and all other deposits shall
by the council of any bid
Resettlement Franchises. Resettle-
be granted by the council by ordi-
nance , subject to the approval of a majority of t elect
of the city voting thereon at a general 01' specIal electlOn
called an d conduc.ed as provided by law for other munici-
pal elections , upon application therefor made within three
years from the date of the taking effect of this charter
by any person , firm 01' corporation actually engaged in
operating a public utility in the City of Alameda at the
time this charter becomes effective. Any resettlement
franchise shall provide for the surrender of any or all of
the franchises owned 01' claimed by the grantee of such
resettlement franchise and for the acceptance in lieu
thereof of the rights and privileges granted in the resettle-
ment franchise for the continued operation of such utilty
within the limits of the city, 01' such portions thereof as
had theretofore been operated under the franchises so
surrendered. It shall also provide that new franchises
granted to the holder of any resettlement franchise shall
be considered as a part of the resettlement franchise
, and
that the council may by ordinance grant to the holder of
such resettlement franchise the right to make extensions
of appliances and service , which said extensions shall be
subject to all the obligations and conditions of such-reset-
tlement franchise. Every Iesettlement franchise shall pro-
vide for the payment by the grantee thereof to the city of
at least fifty-five per cent of the net annual revenue of
said grantee , determined as in this charter provided.
Sec. 4. New and Resettlement Franchises; Valuation.
(1) The valuation of all property of the franchise grantee
used or useful 01' in the judgment of the council prospect-
ively useful , i the operation of the utility for which aid
franchise is granted , and owned by the grantee at the time
of the granting of such franchise shall be fixed by the
Railroad Commission of the State of California , or its
successor in interest, said valuation thus fixed to be set
forth in the franchise ordinance. To this valuation shall
be added the cost of all additions , extensions , and better-
ments and from this valuation shall be d(Jducted the value
of property sold 01' abandoned , and a depreciation fixed and
determined as in the franchise provided. The valutlOn
which said additions have been made and from which
deductions have been made , shall be the valuation upon
cent interest herein provided for shall be
valuation at which said property can be
by a third person, firm or corpora-
is assigned by the city.
Indeterminate Period; Public Ownership.
shall be granted for an indeterminate
to th;e ri!5ht of he city at any time
notIce m wrItmg, to acquire and
of the grantee , 01' to assign to a third
its Tight to acquire and possess.
Indebtedness. (8) Every fTan-
when purchasing the propertyif and when permitted by the
of California , may assume the
for the payment of the bonds
said property, not exceeding in
the valuation of the property thus
case the par value of such bonds
the valuation . of said property,
of su ch valuaho:- over such par
pnce to be pmd to the grantee
such purchase the bonds so assumed
exdusively upon the franchise or
s such , but may be secured by the
CIt:,, or by a lien upon a fixed per-
earmngs of such utility 01' otherwise
in such franchise.
Revenue. (4) The annual net
percentage is computed shall
from the annual gross ' revenue
costs , taxes , insurance and
in the franchise , and six per cent
of the property used and useful
to be of prospective usefuJ-
such valuation being the valua-
Commission of the State of
have been made and
made as herein provided.
(5) Any franchise may be
pas;sed by the council , approved
by vote of th electors as herein provided , and acceptedby the franchIse grantee; but if the amendment is of aresettlement franchise , it shall not become effective untilapproved by the electors in the same manner as the origi-
nal resettlement franchise.
Board of ControL (6) Any franchise may provide fora b oard of control to consist of two competent and ex-penenced men , one to be selected by the council and oneby .the grantee of sai franchise , with such .. powers anddutIes as may be provIded in the franchise
, all disagTee-nts between the two o be decIded by an . arbiter. ap-pOInted for that purpose In a manner to be determined insuch franchise.
Add tional Powers. (7) T e council in granting anyfranchlse shall have power to Impose terms and conditions
not Inconsistent with this charter in addition to the termsand conditions herein provided for , and shallhaye such?ther powers h ereunder as may be propel' and necessaryIn the preparatIOn , enactment , and the carrying out of theterms of any franchise.
pplication to Resettlement Franchises. (8) The pro-
IOns of this section shall apply to resettlement fran-
chIses as well as to new franchises.
ARTICLE XIII.
MISC :LLANEOUS.
ion L All g eneral laws of the state applicable tomUnIcIpal corporatIOns , now or her eafterenacted andwhich are not in conflict with the provisions of this c harteror with ordinances or resolutions hereafter. enacted shallbe applicable to the city. .
Sec. 2. Whenever in this charter the word "city " occursit means the City of Alameda; and every department:board 01' officer , whenever either is mentioned means adepartment, board 01' officer , as the case may he of theCity of Alameda.
Sec. 3. The fiscal year shall begin with the/first day ofJuly and end with the last day of June of each year.
Sec. 4. The compensation of elected officers shall not beincFeased or diminished during the terms of their respectiveoffices.
Sec. 5. If any offcer of the city shall remove from thecity or absent himself therefrom for more than thirty days
consecutively, without the permission of the council , orshall fail to qualify by taking the oath of office and filinghis official bond whenever such bond is required , withinfifteen days from the time his certificate of election orappointment is mailed 01' delivered to him , or shall resign,or be convicted of a felony, or be adjudged insane , his officeshall be vacant.
Sec. 6. The mayor shall have power to fill vacancies,on all boards or commissions , except in such cases as thischarter specifically provides for appointment to be made
by the City Council or other. authority; provided, howeverthat such appointment made by the Mayor shall not be-
come effective for any purpose until and unless the samebe ratified and confirmed by the City Council. Any suchshall hold office until the appointment and
of a successor.
hy the vote of the electorate at special election held June27, 1933)
Sec. 7. The improvement , widening and opening ofstreets and all matters not specified in this charter, shallbe done and assessments therefor levied , in conformitywith and under the authority confel'ed by general law
with the exception of the construction or replacement of
sidewalks , curbs and gutters , and the construction of sew-ers , which improvement , replacement or construction , maybe made by ordinance of the council of the City of Alameda
and the cost thereof , in whole or in part , paid for out ofthe city treasury or assessed on the property benefited.
Sec. 8. The mayor, the auditor and the city managershall together count the money in the treasury at least
once in three months , and see if the amount on handtalles with the amount that should be in said treasuryas shown by the books of the city, and they shall makea written report thereof to the council within five daysthereafter.
Sec. 9. All officers and boards shall deliver to their
successors all papers, books , documents , records , archives
and other properties pertaining to their respective offices
or departments, in their possession or under their control.
Sec. 10. No member of the council, or of any board,
and no officer 01' employee of the city shall be or become
directly or indirectly interested in any contract , work
or business , or in the sale of any article the expense
price or consideration of which is payable from the citytreasury, nor shall either or any of them receive any
gratuity 01' advantage from any contract Or person fur-
nishing labor 01' material for the same; and any contract
with the city in which any such officer or employee is or
becomes interested may be declared void by the counciL
Sec. 11. No officer 01' employee of the city shall give
or promise to give to any person , any portion of his com-
pensation , 01' any money 01' thing of value in consideration
of having been , or of being nominated, appointed , voted
for or elected to any office or employment.
Sec. 12. No officer 01' employee shall accept any dona-
tion 01' gTatuity in money, or other thing of value , either4t"i
directly or indirectly, from any subordinate or employee
or from anyone under his charge , or from any candidate
or applicant for any position as employee or subordinate
in any department of the city.
Sec. 13. No officer or employee of the city shall aid
or assist a bidder in securing a contract to furnish labor
material 01' supplies at a higher price or rate than that
proposed by any otheT bidder , or shall favor one bidder
over another , giving 01' withholding information , 01' shall
wilfully mislead any bidder tin regard to the characteT
of the material or supplies called for , or shall knowingly
accept materials or supplies of a quality inferior to that
called for by the contract, OTshallknowingly. certify to
a greater amount of labor. performed . than . has.. actually
been performed, or to the receiptofa greater amount of
material . or supplies than has actually.beenreceived.
Sec. 14. A violation of any provision of the four sec-
tions last preceding shall cause a forfeiture of the office
01' employment.
Sec. 15. Every officer who shall wilfully approve , allow
or pay any demand on the treasury not authorized by law
shall be liable to the city individually and on his official
bond for the amount of the demand so approved , allowed
or paid, and shall forfeit such office and be forever dis-
barred and disqualified from holding any position in the
services of the city.
Sec. 16. All books and records of every office and de-
partment shall be open to the inspection of any citizen
during business hours , subject to the proper rules and
regulations for the efficient conduct of the business of
such department or office; but the records of the police
department shall not be subject to such inspection except
by permission of the proper police authorities.
Sec. 17. Copies 01' extracts , duly certified from said
books and records open for inspection, shall be given by
demanding the same and paying or tendering ten cents perfolio of one hundred words for such copies or extracts,
and the additional sum of twenty-five cents for certifying.
Sec. 18. Unless otherwise provided for by law, all city
shall keep their offices open for the transaction of
continuously from nine o clock a. m. to five o clock
p. m. each day except Sundays and holidays.
Sec. 19. Every officer or board authorized by law to
allow , audit 01' certify demands upon the treasury, or to
make official investigation , shall have power to issue
subpoenas , administer oaths and affirmations and take
testimony concerning any matter relative thereto.
Sec. 20. Unless otherwise provided by this charter , any
officer 01' board authorized to appoint any deputy, clerk
assistant 01' employee , shall have the right to remove the
person so appointed. Members or appointees on all boards
01' commissions created or provided for by this charter
maybe removed by the affirmative vote of four members
of the city council , anything in this charter to the contrary
notwithstanding.
(Amended by the vote of the electorate at special eleetion held June27 1933)
Sec. 21. All ordinances and resolutions in force at the
time this charter takes effect , and not inconsistent there-
with , shall continue in full force until amended or repealed.
Sec. 22. All officers and employees, when this chartertakes effect, shall continue to hold and exercise their
respective offices or employment , under the terms of thischarter, until the election 01' appointment and qualification
of their successors.
Sec. 23. The present council shall provide for the hold-ing of the first election of officers under this charter and
shall canvass the votes and declare the result thereof.
Sec. 24. All vested rights of the city shall continue and
shall not in any manner be affected by the adoption of this
charter , nor shall any right , liability, pending suit or
prosecution , either in behalf of or against the city, beaffected by the adoption of this charter , unless otherwise
herein expressly provided. All contracts entered into by
the city 01' for its benefit prior to the taking effect of thischarter shall continue in full force and effect. All publicwork begun prior to the taking effect of this charter shall
be continued and perfected hereunder. Public improve-
ments for which legislative steps shall have been takenunder laws in force at the time this charter takes effectmay be carried to completion in accordance with the pro-
visions of such laws.
Sec. 25. No person who holds , 01' who is a candidate for
any national , state or county office shall hold or be eligible
to an appointment on the board of education , the libraryboard or the board of public utilities. If any member ofeither one of said boards shall become a candidate for , or
shall hold any national , state or county office , 01' shallaccept any appointment to a national , state or county officeexcepting that of a notary public 01' a member of the statemilitia, such act shall work a forfeiture of his office , andthe vacancy thereby created shall be filled as provided by
this charter.
Sec. 26. No councilman shall in any manner attemptto influence the city manager in the making of any ap-
pointment or in the purchase of supplies. A violation ofthis provision shall work a forfeiture of the office of thecouncilman.
Sec. 27. Any person , firm 01' corporation may attachthe salary or wages of any city official or employee for
money justly due.
Sec. 28. If any section or part of a section of this
charter proves to be invalid , it shall not be held to invali-
date or impair the validity of any other section or part of
a section , unless it clearly appears that such other section
or part of a section is dependent for its operation upon
the section or part of a section so held invalid.
Sec. 29. For the purpose of holding and conducting
the elections provided for by Section 1 of Article XI of this
charter , this charter shall take effect from the time of theapproval of the same by the legislature; and for all other
purposes this charter shall take effect at eight o clock p. m.on the third Monday in April , one thousand nine hundred
seventeen.
Sec. 80. When making purchases for all departmentsof the city, local merchants shall be given the preference
quality and price being equal.
Sec. 81. Neither the city manager , nor any person inthe employ of the city shall take any active part in secur-
ing, 01' shall contribute money toward the nomination orelection of any candidate for a municipal office.
Sec. 32. When entering into any contract for labor or
hiring any labor for public contract work , preference shall
be given to local contractors , mechanics , artisans 01' otherlaborers of any class, who shall have actually resided in
the City of Alameda for a period of six months preceding
the date of their engagement to perform labor , quality and
price of work being equal.
(Adopted by the vote of the electorate at tjpeeial election held June 27 , U)33)
Sec. 33. Vacancies. A vacancy in any elective office
from whatever cause arising, except as otherwise provided
in the chapter on Recall , shall be filled by . the city council.
Provided however , that any person appomted to fill such
vacancy hall hold office only until the next general munici-
pal election, at which time a successor shall be elected to
serve for the unexpired term.
In case of the failure of the city council to appoint a suc-
cessor within a period of seventy days from the date any
such vacancy shall occur , the city council must thereupon
call a special election to fill such vacancy and shall cause
such election to be held not less than forty days nor more
than forty-five days from the date of expiration of such
seventy-day period; provided, however , that in case a gen-
eral municipal election shall take place not more than sixty
days nor less than forty days from the date of expiration
of such seventy-day period , the council shall provide for
fillng the vacancy at such general election.
(Adopted by the vote of the electorate at special election held June 27, 1933)
Sec. 34. The expressions "four-fifths vote of the whole
council" 01', "four-fifths of the council" or, "four-fifths of
all the members " occurring in this Charter , shall be in-
terpreted as requiring the affirmative vote of four members
of the counciL
(Adopted by the vote of the electorate at special election held June 27 1933)
Accountant, expert.-See Expert accountant
general auditor to be....
......................""'"''
'' 12
Adjourned l egular meeting same as regular meeting..
Administration department , what constitutes........... 23
Advertisement for bids to be posted five days..
..........
Advertising and printing, council to call for bids an-
nually
for bids in
for bids may be
ordinances
Advisory board, city manager may appoint..
Alameda Free Library-See Library
Amendments to ordinances must be at length.
......
must be germane
Annual expenditures to be fied with managerof city manager... ..
,........
library board , qualifications of...
...
to board of education , qualifications of...
... ...
to board of public utilities , qualifications of..
to council to hold only til next election..
to health department , how made..
of mayor , to hold how
Appointment of school
by manager not to be influenced.
........ ...
Appointments to fire department , how made..
to police department . how made.....
...........
Assessor auditor to hold office ex-officio.
duti s of
to employ clerical assistance..
..................
Attachment of salaries for debt , permitted.
. ...
Attendance at council meetings , by attorney..
by city manager
Attesting ordinances , by clerk..
Attorney-See City attorney
INDEX
bulletin.
Page
..... 25
...
'" 50
Page
Auditor, compensation and duties of...
...,. ................
, 12
may appoint one 01' more deputies..
......................,
... 12
must certify unapplied funds on contracts..
to be elected every four years..
.... ..
to be ex-officio assessor and redemption clerk.. ""'" 12
to be general accountant of to retain funds to pay when to approve demands
Ballot-See Elections
Bank may be treasurer if authorized by constitution..... 13
Bidders , officers and employees not to assist.. .. 48
Bidding, public on contracts over $1000.....
............
Bids , advertisements may refer to specifications.. 6
may be rejected...
.. ...... ",,"."'"
Board of education , appointed by mayor.
. .....""""
'" 18
appoints school superintendent..
assistant secretary.. m..
""""'" ..,
' 20bookkeeper of elects a member president
powers and duties.. ..
' '
... 19
mavor fills all vacancies on....
.. "
""" 18
etings of...
.......... ,
...m
".'" .
... 18
members hold office for five years.. .
....,...
. 18
plan of organization.
. .."".
,.. 18secretary of shall prepare term of office
Board of equalization , duties of......
.. .....
..... 17
Board of public utiities , contracts by.. ..
..........
,. 31how appointed meetings of powers of purchases by to appoint a to elect a president vice-president.
to serve w:thout compensation.
Board of social service , how powers of
Page
Bonds to be approved by city attorney..
.........
official , council shall determine what officers shall
give
to be approved by counciL.....
.. .
to be examined by accountant
Boundaries , how
of city, description of..
. .....
Budget, estimate to be basis of...
....
for library
of board of education.
...
Bulletin of city, council may
Business hours of city offices..
Ceremonial functions , mayor to represent
Charges against police and firemen , how
Chief of fire department appo:nted by city manager.... 26
Chief of police , manager to appoint...
............ .
"'" 26
City attorney, appointment and qualifications of.duties of
how may be removed.......
...
salary to be by counciL....
... ..
. 11to advise city
to approve all bO;1ds and contracts.
to attend council meetings..
..............
to draft proposed ordinances , when, .. 11
to give opinions in
City clerk as clerk of board equalization. duties of
how may be removed.to certify recall
to examine nominating petitions......
...
,):J
to attest , record and keep ordinances and resolu-
tions
City engineer appo'inted by manager.
custodian of maps..
. ,..
fees for private work..
powers of
qualifications of
to give full time serviee..
working for private
" 20
Page
..............
........ 26
...
' 25
....
... 24
City manager , appointments by...
...
appoints fiTe chief..
................
appoints chief of
appoints city
shall be free
how appointed
is purchasing agent
may be non-resident when appointed..
minimum salary, $3,000....
................
not to be influenced by council.
powers and duties
removal of
to submit financial estimate..
to attend council meet:ngs...
to control playgrounds....
to give full time service
to avoidvacancy office of..........
.........
City physician-See Health officer
Clerk-See City clerk
Commissions and fees, officer to Teport monthly.
..........
Committees , the council shall appoint when necessary.
Compensation fo'r mayor...
........................................... "...
boaI'd of education to serve without..
councilmen to serve without.
.........
library trustees to serve without...
..................
of assistant secretary of board of education..
of auditoT
of expert accountant
of officers and employees.
of public utilities
of treasurer and tax
Contracts for advertising made annually..
oveT $1000 by public bidding...
...................... .
required for general city wOTk over $1000.......
to be apPTo,ved by attorney
by board of public
couneilmen not to be interested in....
must be endorsed by auditoT
obligating city for more than one year..
council influence....
......--,,"-*"'
u.-.
-"..,.....
_.*h'.'
' 48
of public utility board , how ratified.
COpleS of documents , how obtained.
.........
COUNCIL
appointees thereon hold only until next election...
committees of
journal of
less than quorum , powers
may buy material in open market..
may do work by day labor , when.....
,..............
may blish bulletin in lieu of newspaper adver-
tlsmg
may submit question to electors.
...
meetings
meetings attorney to attend..meetings, manager to attend..
meetings , must be public..
meetings, place of.
no compensation
not to influence
president of , how
public utilty board to report to monthly........
.........
rules of procedure
shall appoint expert accountant when
shall not sell waterfront 01' tide iands..
...
to authorize all disbursements..
to provide tax ordinance.......
vacancies filled by council
vote, by ayes and
Councilmen must be 25 years
not eligible to other office..
............
not to be interested in contracts..
not to influence manager
term of office , four
Courts to take judicialCourts-See Police court
of ordinances..
Danger 01' emergency, mayor to control in case of,.
Day labor , when work may done by........
.........
Day nurseries , who may
Page
Page
disposed of...
.......
. 17
",,
"" 27
... 15
.... 15
.......................
, 48
.. 26
Delinquent tax sales to be to
Demands of previous fiscal year
on auditor , when to be
on auditor , what
on public utility
unauthorized, penalty for approving..
Department o,f administration..
................
of health-See Health department....
.....
of public utilities-See Public utilities..
of recreation
Deputies appointed by auditor.......
may be appointed by treasurer
how relTIoved
saster , extraordinary, ordinances for... ",
.. ............
Disbursements of public authorized by counciL...
Documents , certified copies
Dollar limit increased by four-fifths vote of council.
not to apply in certain emergencies.....
....
not to include school 01' fire department..
what to include....
............. ".
Donations , officials not to accept...
Duties of auditor
of board of equalization
of city attorney..of city clerk.. ...
............
of city
of tax
and powers of city manager
of street superintendent..
of health officer
..."......."...--
Education-...See Board of education.
Elections , general municipal
state laws to
clective officers , of..
...........
councilmen , long and short terms..
nominations must be by petition
nominating petitiolls , form of
must be presented to clerk..
.---
"U'
""
ol()
withdrawal ofmis-statement of facts
. Elections , recall-See Recall
Electrical energy controlled by board of public utilities
Electricity, sale of by board of public utilities..
Electric rates fixed by board of public utilities..
Emergency contracts , when in effect..
expenditures , when authorized
or danger , mayor to control in..
ordinances by four-fifths vote.
ordinances when in effect.
.................. '"
measures , how passed and when effective..
Employees and officers , compensation of. and officers not to assist bidders
not to accept gratuities....
...........
of public utilities , compensation of.... .
...""""'"
".. 30
Employment bureau , may be established by social serv-
ice board
Enacting clause of ordinances.Engineer-See City
~~~~
ayground activities..
for recTeation centers
to safeguard life 01' property, no limit.. ....
Expert accountant , appointment and powers of..
compensation of
shall file written report.......
...........
to investigate accounts semi-annually
Extraordinary epidemic , ord:nances for
disqualify..
Favoring a bidder
Fees and commissions , officers to report monthly.
Fire alarm system under board of public utilities.
chief to be appointed by manager.....
......
department excluded from dollar limit.
department , organization of
department , rules of.
Firemen , how
charges
Page
.. 15
Page
....
' 17
. 42
.....
. 44
Fiscal year begins July
disposal of previous demands..
Four-fifths vote , interpretation oL...
for sale or lease of real estate..
Franchise , amendment oL..
..................... ..................
applicant to advance cost of election......
....
applicants to publish ordinances.....
...........
ordinance may be submitted to voters..
ordinances , when in effect.
...... .....
of privileg', ordinances granting.
Franchises , how granted........
indeterminate
net revenue defined
provision for city to acquire property..
....
resettlement , what to provide.Free Library
Fund for
for schools
of each utility separate..
......
of board of public utilties.
Gas, water and electricity.
......................... ...
General city work over $1000 , by contract..
laws applicable to city
Gratuities not to be accepted by officers or
... 29
.... i
employees.. 48
Health department , how organized..
appointees oL.. ... .
...,..............
Health officer may be city physician.
powers of
qualifications of...
. "'." ....
to be appointed by manager... ..
to hold at pleasure of manager
..............
,. 28
.. 28
.. 27
...
""'" 27
Improvement of streets under general laws.
Influencing city manager .
"'" ...................,......
....... 50
Initiative and referendum , according to general laws.... 9
Invalid section not to affect others..
.. .....
Invitations to bidders shall be posted 5 days.
......
Journal of
Judicial notice ordinances by courts..
......,.............
..... 19
Lease limited to twenty-five years.
...........................
renewal privilege by four-fifths vote..
of waterfront must be by ordinance...
....... ""
or sale of real estate requires four-fifths vote.
Leave of absence from city for officials..
Library, gratuities received for..
regulations for use
L:brary fund , claims
how created and
It Library t1 u tees , how
meet.ngs of..
powers of
receive no compensation..
vacancy on board
Limit of taxation
Local merchants to be given preference..
License collector , treasurer is ex-officio.
....
Manager-See City manager...
........
Maps and field notes in custody of engineel'..
..........
Materials , when may be purchased in open market.
Mayor appoints board of education...
..............
auditor , and manager to count money..
...................
compensation for office of.
official head of
president of
pro tern
absence of "
." .........,. ..... .......... .... ...." ... ....'" ..."" ,""'''''
Kindergarten schools may be provided..
ex-officio..
......."-.,.",,,,"'."'-
Page
.. 47
.. 22
.... 21
....
.. 23
Page
to control in danger or emergency..
to fill what vacancies....
...._... ."" ..
.. 47
lVerchants of c;ty to be given preference_
- ..........
.. 51
Meetings of board of public utilties.. of council
of council manager to attend.. ... 24must be
of the board of education..
special , how called
Minutes of council
Money collected by board of public utilities.....
...........
..... 30
from J:onds, disposal of surplus ..
....... ..............
.... 17
given to library, how applied... .
" .......
"" 22
l,ublic , unlimited expenditure , when..
payable into treasury daily..
.........
..... "" 17
public, disbursed only by order of counciL..
... .....
... 16
surplus , must be returned to general fund...
........
... 16
to be counted by mayor , auditor and manager.. to be counted every three months..
Newspaper , advertisement for bids must be published in
ordinances to be published in.....
..
Nominating petitions-See Elections
Notice of spec almeetings required...
...
to bidders , when effective , when mailed.
Oath of office , every officer must take and file...
Oaths and affirmations , who may take.
...
.... 49
Office hours at city halL...
........... ...."""
"" 49
Officers and employees , compensation of not to accept donations..
not to assist bidders..
................._...............................
... 48
not to approve unauthorized demands......
.........
....... 49
not to leave city without permit for over 30 days.... 47
not to pay unauthorized demands...
..._.......
'" 49
not to promise rewards for election or appointment 48
receiving fees and commissions to report monthly.. 17
to deliver books to successors.....
..........
Offices open every day for business..
Official bonds-See Bonds
Officials absent from
Open market , when may purchase in....
Ordinance for certain street improvements..
...
granting franchise may be submitted to voters.
providing for regular meetings..
.............
required for lease of waterfront lands....
required for lease or sale of real estate..
to provide duties of assessor.
..................-.......-...
to provide for the levy and collection of taxes..
Ordinances to ratify public utilty contracts.
amendments to must be germane..
aye and no vote required
to be recorded
authorizing contracts, when in effect.
.......
can not be passed on day of introduction.
courts to take judicial notice of .
enacting clause of...
granting franchises
granting franchise published by applicant..
how revised , or amended.. ..
immediately effective when..........
in case of extraordinary epidemic..
....
must be passed at regular meetings.
...
must be published or advertised..
......
must wait five days for passage........
necessary for emergency measures.
...
to be attested by clerk...
to be deposited with clerk..
..............
to be drafted by city attorney, when.
to be published within three days.
to be signed by presiding officer.
when in effect
",..
u.-_...'
."-
Payment of money only at regular meeting..
Penal ordinances, when in effect.
........_.....
Playgrounds , expenditures for activities..
record of activities..
....... ..
under control of manager
/1;)
Page
. 47
"" 11
... 28
Police and fire board to determine charges.
.....
and firemen , charges against..
....
Police court of city, jurisdiction of
provisions, when applicablec........
....
..c.. .....
Police department, chief appointee! by manager..
appointments to.
.. .
organization of ...
..................,.................
records not open to public
rules of ........
......, .... ........... ...
telephone and telegraph system of.
...
Process , civil , to be served on mayor..
President of counciL.
.. ... ...
c...
..........
Presiding officer of council to sign ordinances.......
.....
Printing and advertising, council to call for bids an-
nually
Prison relief fund , how created and
Publication of ordinances within three
Public bidding on contracts over $1000..
council meetings must be...
............... ....
danger or emergency, mayor to contrcl.....
......
Public library-See Library
Public money-See Money
Public utilties-See Board of
Public utilty, rates
Purchases, councilmen not to influence..
by public utility board.
in open market , when
Purchasing agent, city manager to be..
powers and duties of..
Qualifications of appointees..
of city
of health
of school teachers....
Quorum , three members constitute........
......-.---...-.....
Page
"."" 27
... 11
..... 26
. 26
.... 26
Rates for service of public utilities.
................................
.. 30
Real estate, sale or lease of , by four-fifths vote..
.....
..... 8
. 50
RECALL
any electiv.e officer may be recalled...
............
notice of intention , filed with clerk...
statement of grounds for recalL.....
clerk shall endorse date of fiing.
service of notice on official.c.....
affidavit of party making service.
...
answer may be filed by officiaL.
............
date of filing answer endorsed by clerk...
PETITION FOR RECALL , contents of
shall be filed with clerk..
................
number of signatures necessary....
may consist of separate sections......
... .
information to accompany signatures..
verification of signatures
circulation of
withdrawal of signatures..
filing of-......
..... ..... ....... ..
clerk to examine and cert.ify
supplemental petitions..
certification by clerk
insufficiency of petition
clerk may employ assistants..
. ....
ELECTION , petition submitted to council.
council shall call special election
when election shall be held.
.......................................
when may be submitted at regular municipal elec-
tion
ballot for recall must be separate..
form of ballot
sample ballot mailed to each elector..
canvass of votes
pendency of recall
VACANCIES , manner of
resignation pending recall
appointees hold until next general election..
special election may be called to fill.
petition for special election...
....
number of signat.ures required
may consist of separate sections
verification of signatures
Page
....
... 85
.. 35
.... 35
.. 36
...
. 36
...
' 37
certification by clerk
time special election must be called.......
appointee of council may be candidate..
clerk shall call special election when..
when shall appoint election officials..
.......
when shall appoint canvassing board...
recall elections , how conducted............
..........
recalled offcial not to be candidate for vacated
office
chapter on recall to be liberally construed.....Recording of ordinances and resolutions..
Records and books open to
of counciL............
................... .......... ......
of police department not open to public.
Recreation department
Redemption clerk
Referendum according to general laws..
by council's initiative.................... ......
.......
Regular meeting required for payment of money..
meetings twice a mon h..Removal of appointees
Resettlement franchises , what to provide
Resolutions, aye and no vote required.
to be recorded
to be deposited with clerk.
Salaries of subordinates to be included in estimate..
01' wages may be attached for just debts..to be paid without council's approval
Sale or lease of real estate requires four-fifths vote..
Secretary of board of education..
of board of public utilties.....
............ .......
of city manager , appointment and compensation..School department , excluded from dollar limit..
plan of organization..
School fund
School superintendent , compensation of....
how appointed
School teachers , qualifications oL.......
Schools , estimate of expenditures for...... 20
Page Page
kindergartens may be provided............................. 19
Social service , board of , how appointed..........
.... ""
.. 24powers of board............................................ 24
Special meetings of council , how called.....
......
Street improvements by procedure ordinance.. .... 47
under general laws.......
'........ "'"'
Street superintendent combined with engineer....... 25duties of Subpoenas, power to issue
Superintendent of streets-See Street superintendent.. 25of schools
Supplies , council not tu influence purchase of.. .... 50
when may be purchased in open market..
Surplus bond money, how disposed of.....
............
moneys must be returned to general fund.....
utility funds, how invested or transferred..
Taxation for library purposes, limit of... system to be provided ordifiance...... system to be like state
collector , duties provided by charter and ordinance 13
treasurer is excoffieio
Taxes delinquent , sale to be made to city.. .... 16
limited to ; $1.00 for certain expenses......
..
Tax rate , failure to fix , previous rate applied.........
.....
... 16Teachers, qnalifications of.. Telegraph system of police department. ............... 31
Telephone. system of department..
Term of office , library board of education of auditor is four years
of councilman is four years.
....
Terms of elective offices..
............ '."""""''''''
Tidelands , sixty-day referendum on lease uf...........
....
.. 8Treasurer, bank may be appointed when constitutional compensation of elected for four years
is ex-officio tax and license collector.... may appoint deputies
Treasury, money payable into daily
Page
Unauthorized demands , penalty for approving.
.......
...... 49
Unexpired term , appointees to hold how long.
............
.... 47
Unlimited expenditure in great emergency-..
.........
..... 6
expenditure requires four-fifths vote ..
...............
''''' 6
Utilities-See Public utilities .....
......................,..............
. 28
Vacancies on council , how filled....-...
..............................
.. 7
to be filled by mayor, when.......
...................... .........
. 47
Vacancy in office of city manager..
............_- ......
..... 25
on board of education , how filled.
......................
... 18
on board of library trustees , how filled..
..............
.. 21
Vested rights of city to continue...
........-......
........... 50
Vice-president of council to preside , when.
..............
...... 4
Warrants on school fund....
.............................................
.. 20
Water , gas or electricity five-year contracts , fol'....
...
... 31
Waterfront lease, four-fifths vote to authorize renewal 8
Waterfront or tidelands , council shall not sell........ 8
Year , fiscal , beg:ns July L
..................
. 46