1937 Senate Concurrent Resolution No. 38 - Annexed CopyFRANK C. JORDAN
SECRETARY OF STATE
STATE OF CALIFORNIA
pattm nt Of fafr
, FRANK C. JORDAN, Secretary of State of the State of California,
do hereby certify that have carefully compared the transcriPt, to which this
certificate is attached, with the record on file in my offce of which it purports
to be a copy, and that the same is a full, true and correct copy thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused
the Great Seal of the State of California to be affxed hereto
'8ccretarll of State
37627t1-ES tOi
$TATE PRINTING of:olC
Senate Concurrent Resolution No. 38.
Adopted in Senate May 5 1937.
Secretary of the Senate
Adopted in Assembly May 5 1937.
This resolution was received by the Governor , thisn_____-
day oLnMa'Y__--__n_A. D. 1937 , aL_1.Q_--cloc
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Private Secretary of the Governor
CHAPTER
Senate C0l1c1l1Tent Resol1dion No. 38-Approving the charter
of the city of .Jlmneda , a nmnicipal corporation in the
connty of Alameda, State of California , voted for' andml'ified by the qual'ified elecl01's of said city at a special
election held therein on the twenty-ninth day of April
1937.
\VHEREAS , Proceedings have been duly had in and by the
city of Alameda, a municipal corporation in the county of Ala-
meda , State of California , for the framing, proposal , adop-
tion and ratification of a charter for the government of said
city of Alameda, all as set out in the certificate of the mayor
and city clerk of said city, as follows , to wit:
CERTIFICATE OF ADOPTION
STATE OF CALIFORNIA , I
COUNTY OF ALAMEDA ss.
CITY OF ALAMEDA.
, the undersigned , HENliY A. WEICHHART , Mayor of
the City of Alameda , State of California , and D. ELMER
DYER , City Clerk of said City, do hereby certify and declare
as follows:
That the City of Alameda, a municipal corporation in the
COUllty of Alameda , State of California , is now and at all
times herein mentioned was, a city containing a population of
more than three thousand five hundred inhabitants , and less
than fifty thousand inhabitants , and ever since the 25th day
of January, 1917 , has been and is now, organized , existing and
acting under a freeholders ' charter adopted under and by
virtue of Section 8 of Article XI of the Constitution of the
State of California , which charter was duly ratified by the
qualified electors of said City at an election duly held for that
purpose on the 9th day of January, 1917 , and approved by
the Legislature of the State of California by a concurrent
resolution passed on the 25th day of January, 1917 (Statutes
1917 , page 1752).
That pursuant to the provisions of Section 8 of Article XI
of the Constitution of the State of California the Council of
the City of Alameda, being the legislative body thereof , on its
own motion , by and in pursuance of Resolution No. 2150
passed by said Council on the 17th day of March , 1937 , elected
to and did frame a proposed charter for the government of
said City of Alameda , and duly submitted to the qualified
electors of said City of Alameda the proposal for the adop-
tion of said proposed charter , to be voted on by said qualified
electors at a special election held in said City on the 29th day
of April , 1937. That the said proposed charter , framed as
aforesaid , was and is in vtords and figures as follows:
CHARTER OF THE CITY OF ALAMEDA
ARTICLE 1.
Incorporation and Powers.
Sec. 1-1. The existing City of Alameda hereinafter
referred to as the " City , shall continue its corporate existence
under this charter with the same property rights and the
same boundaries as existing at the tim.e this charter takes
effect, or as such boundaries may be changed thereafter in
the manner authorized by law.
Sec. 1-2. The City shall have and exercise the following
rights and powers , subject to the express limitations herein
expressed:
(a) To have perpetual succession,
(b) To adopt and use a corporate seal.
(c) To sue and be sued.
(d) To make and enforce all laws and regulations in respect
to municipal affairs , subject only to the restrictions and limi-
tations provided in this charter.
(e) To exercise all rights , powers and privilegBs hereto-
fore or hereafter granted by the Constitution and general
laws of the State of California,
(f) To act pursuant to procedure established by general
law , unless a different procedure is established by ordinance.
ARTICLE II.
Offcers.
Sec. 2-1. The following elective offces are hereby estab-
lished :
Five Couneilmen , who shall constitute the Council;
Auditor , who shall be ex offcio Assessor;
Treasurer , who shall be ex offcio Tax Collector.
Sec. 2-2. The following offces are hereby established , and
the incumbents thereof shall be appointed by the Council by
vote of not less than three members thereof , and may be
removed by vote of not .less than four members thereof:
Mayor;
City Manager;
City Attorney;
City Clerk.
Scc. 2-3. The following offccs are hereby established and
the incumbents thereof shall be appointed by and hold offce
at the pleasure of the City Manager:
Chief of Police;
Chief of the Fire Departmcnt;
Health Offcer;
City Physician;
City Engincer;
Superintendcnt of Streets.
Sec. 2-4. The I\lavor and members of the Council shallreceive no compensation. The salary attached to the follow-ing offices shall be fixed by the Council at not less than the
following amounts:
Auditor
Treasurer
City Manag'
City Attorney
City Clerk
600.
600.
000.
000.
400.
Sec. 2-5. No person shall be qualified to be elected or
appointed to any of the elective offces hereinabove sct forth
unless he shall have been an elector of the City of Alameda
for a period of five years continuously next preceding hiselection. Every City officer and every full time employeeshall be a resident of the City during the tenure of his offce
or cmployment.
Sec. 2-6. The term of each elective offcer shall commence
at 8 :00 0 'clock p.m. on the third Tuesday in April next
follovving the General Municipal Election at which such offcer
was elected and continue for four years thereafter and until
his successor is elected and qualified.
Sec. 2-7. Every vacancy hl an elective offce , arisingothenvisc than as provided, in Article XX , shall be filed bythe Council. III the event that vacancies exist in a majorityof the offces of Councilmen. such vacancies shall be filed
by a board consisting of the remaining Councilmen , if any,and the following offcers , selected in the order named , suff-cient to constitute a board of three , to-wit, Auditor , Treasurerand President of the Board of Library Trustees. After anyvacancy in the offce of Councilman has continued for twenty-
one days , the three offcers last mentioned in the foregoingsentence, acting as a board, shall have the sole power acting
by a majority vote , to fill such vacancy.
Sec. 2-8. The term of any person appointed to fill a
vacancy in an elective offce shall commence upon appoint-ment and qualification and continue until 8 :00 o clock p.
on the third Tuesday in April following the next General
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Municipal Election , at which election a successor shall be
elected to serve for the remainder of the unexpired term.
Sec. 2-9. If any offcer of the City shall remove from the
City or absent himself therefrom for more than thirty days
consecutively, without the permission of the Council , or shall
fail to qualify by taking the oath of offce and filing his offcial
bond , whenever such bond is required , within fifteen days
from the time his certificate of election or appointment is
mailed or delivered to him , or shall resign , or be convicted
of a felony, or be adjudged insane , his offce shall be vacant.
Sec. 2-10. In the event of a vacancv in the office of Audi-
tor, Treasurer , City Attorney or City 'Clerk , the ranking
deputy or assistant shall , during such vacancy, perform the
duties of such offce.
Sec. 2-11. Any incumbent of any Federal , State or
County offce , except notary public or offcer in the military
or naval reserve forces , shall be ineligible to hold elective
offce or offce of member of any board created by charter.
Sec. 2-12. The persons occupying the offces set forth
Sections 2-, 2-2 and 2-, their assistants and deputies , and
members of all boards provided for in Section 10-, shall be
the offcers of the City.
Sec. 2-13. All offcers , boards and the certified public
accountant appointed pursuant to Sub-Section 3-7c shall have
power to administer oaths and affrmations , to examine wit-
nesses and compel their attendance by subpoena in all matters
affecting their respective offces and positions. All legal
process issued pursnant to this section shall be executed by
or under the authority of the Chief of Police.
ARTICLE III.
City Council.
Sec. 3-1. All powers of the City and all powers vested
in city councils (except the powers reserved to the People or
delegated to other offcers or boards by this charter) shall be
vested in a Council consisting of five Councilmen.
Sec. 3-2. The Council may confer upon any board or
offcer powers and duties additional to those set forth in this
charter.
Sec. 3-3. The Council may, on its own motion , submit
to the electorate by initiative or referendum any proposed
resolution or ordinance which could be enacted by the
Council.
Sec. 3-4. The vote of three members of the Council , except
as otherwise provided , shall be necessary for any act of or by
the Council.
Sec. 3-5. The Councilmen present at any meeting regu-
larly held may compel the attendance of absent members in
such manner and subject to such penalties as the Council
may have prescribed by ordinance.
Sec. 3-6. In the event that any Councilman shall , without
being exclh'3ed by the Council , absent himself from four or
more consecutive regular meetings of the Council extending
over a period of not less than thirty days, his offce shall be
vacant.
Sec. 3-7. The Council shall:
(a) Meet at 8 :00 o clock p.m. on the third Tuesday of the
month next succeeding the month in which the General Munic-
ipal Election is held , and organize by selecting from its
membership a Mayor , who shall be the President of the COUl-
cil , and a Vice-President of the Council , whose terms shall
commence upon selection and continue until the selection and
qualification of their successors following the next General
Municipal Election.
(b) Hold regular meetings at least twice in each month as
fixed by ordinance. Its meetings shall be public and held in the
Council Chambers of the City Hall. Special meetings may be
called by the Mayor or by three Councilmen by serving the
Councilmen personally with written notices of time and pur-
pose of the meeting, or leaving such notices at places desig-
nated by the respective members , at least three hours before
the time of the proposed meeting.
(c) Contract and fix the compensation for the services of
a certified public accountant , who shall at least semi-annually
investigate the transactions and audit the accounts of all off-
cers having the collection , custody or disbursement of public
money, or having the power to approve , allow or audit
demands on the treasury. He shall have free access to all
records , books, and papers in all departments Df the City. He
may at any time visit any of the public offces and make
examinations and investigations therein 'without hindrance.
He must examine the offcial bonds of all City offcers and
employees and investigate the suffciency and solvency of the
sureties thereon. At the close of his investigation he shall
file with the Council a written repmt containing his recom-
mendations. If during his examination and audit it shall
appear that a public offense has been committed , or that any
offcer or employee is in default , or that the surety on any
bond is insuffcient , he shall immediately report to the Coun-
cil , which shall take such proceedings as are authorized
law.
(d) Provide by ordinance for annual vacations with pay for
all City offcers and employees.
(e) Fix the amounts and determine the offcers and
employees who shall give bonds to the City for the faithful
performance of their duties. All such bonds shall be executed
by surety companies qualified to do business in the State 'Of
California and be subject to approval by the Council and
shall be filed with the City Clerk, except that the bond of the
City Clerk shall be filed with the Auditor. The premiums on
all such bonds shall be paid by the City.
(f) Prescribe the form of oath of offce and require that
every offcer shall , before entering upon the duties 'Of his
offce , take and file such oath with the City Clerk.
(g) Establish and abolish offces and positions of employ-
ment and fix the compensation and duties thereof , except as
herein otherwise provided.
(h) Designate the person to performl the duties of City
Manager in the event of his absence or disability.
(i) Establish on or before July 1 , 1938 , a retirement, pen-
sion and insurance system for City offcers and employees
based on sound actuarial principles , which system once
adopted shall not be amended except by the vote of five Mem-
bers of the Council , and shall not be repealed except by the
People. Such system shall provide for the support thereof
by deductions from the compensation of offcers and employees
of the City and contributions from City funds and funds
under the control of the respective boards.
Sec. 3-8. The Council shall act by ordinance , resolution or
motion , and the vote of each member of the Council on ordi-
nances and resolutions shall be entered in the journal.
Sec. 3-9. No member of the Council shall , during his term
of offce , be eligible to appointment to any board created by
this charter.
Sec. 3-10. All acts of the Council imposing penalties , pub-
lic regulations, granting franchises , or providing for the
acquisition , transfer or lease for a period longer than one
year of real property shall be by ordinance. real property
of the City shall be leased for a period in excess of one year
or sold except upon vote of four Members of the Council.
Sec. 3-11. The enacting clause of every ordinance passed
by the Council shall be
, "
Be it Ordained by the Council
the City of Alameda . Every amendment of an ordinance
shall be germane to the original purpose of such ordinance.
Every ordinance shall be signed by the offcer presiding at the
time of its adoption and attested by the City Clerk. No ordi-
nance shall be passed by the Council within five days after its
introduction , or at any time other than at a regular meeting
or an adjourned regular meeting, except as provided in the
following section.
Sec. 3-12. No ordinance shall take effect within days
after its final passage , except that in the event of great neces-
sity Or emergency and by four votes of the Council , and if
no financial obligation is imposed upon the City for a longer
period than one year , an ordinance may be at any
meeting of the Council and may take effect at such time as
the Council may specify.
Sec. 3-13. No ordinance shall be re-enacted or amended by
reference to its title only, or without setting forth the amended
or re-enacted sections or sub-sections thereof in full.
Sec. 3-14. All ordinances shall be published once in the
Offcial Newspaper within three days after the same shall
have been finally passed.
Sec. 3-15. 'When the expenditure required for the purchase
of materials or supplies , or for the making or public work or
improvements , exceeds the sum of one thousand dollars , thesame shall be done written contract and let to theble bidder who the lowest and best after advertis-
ing in the Offcial Newspaper by at least one insertion for
sealed proposals , which advertising shall be made at least
five days prior to the time for receipt of bids. Advertisements
for bids may set forth the general character of the work
materials , or supplies and refer for details to specifications
on file in the offce of the City Clerk. The Council may
all bids. In case no bids are received , the Council may makesuch work or improvements without contract or pur-
chase such materials or supplies in the open market. The
Council may, by four votes , either with or without prior acher-
tising, as hereinabove set forth , determine that in its opinion
the public work or improvements in question wil be performed
llore economically by the City without contract, or that thc
materials or supplies can be purchased at a lower price in the
open market , or that great necessity or emergency requires
immediate action , and thereupon proceed to make such public
work or improvements without contract and to such
materials or supplies in the open market.
Sec. 3-16. A preference of not to exceed five percent of
the lowest bid may be allowed by the COUllCil on all bids for
materials and supplies made by a person who , for more than
one year continuously preceding the making of such bid, hadan established place of business in the City manufacturing,
processing', wholesaling or retailing such materials and supplies.
Sec. 3-17. \\Then entering' into any contract for labor or
hiring any labor for public contract work, preference shall be
given to contractors , mechanics , artisans or other laborers ofany vvho shall have actually resided in the City for aperiod six months preceding' the date of their engagement
to perform labor , quality and price of work being equal.
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Sec. 3-18. 'fhe Council shall annually, after advertising in
the manner provided for the purchase of supplies , award a
contract to thc responsible bidder who submits the lowest and
best bid for publication of all legal advertising of the City in
a newspaper of general circulation published in the City for
period of not less than one year immediately preceding the
making of such bid , and having a bona fide paid circulation of
at least one thousand copies. The newspaper published by the
successful bidder shall be the Offcial
Newspaper of the City.
The Council may reject all bids. In lieu of newspaper adver-
tising the Council may issue and publish a bulletin containing
such matter as it is 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 registration records of
Alameda County, and shall also post printed copies of such
advertisement in three public places in the
of Alameda.
ARTICI..E IV.
Auditor.
Sec. 4-1. The Auditor shall perform all the duties of
Auditor and Assessor prescribed by this charter , by ordinance
and by gcneral law and shall devote his entire time to the
duties of his offce. He shall , subject to Civil Service require-
ments, have power to appoint , discipline and remove all
deputies and employees in his offce and shall be responsible
for the acts thereof on his offcial bond.
Sec. 4-2. He shall be the general accountant of the City
and shall have the custody of and preserve in his offce all
accounts , books , vouchers , documents and papers relating to
the debts. revenues and other financial affairs of the City.
Sec. 4-3. He shall keep an accurate account of all money
transactions of the City, and at all times his records shall
reflect the exact condition of the treasury and he shall certify
the same to the Council at least monthly.
Sec. 4-4. He shall establish a uniform system of bookkeep-
ing and accounts for the City and all offcers, departments and
boards thereof.
Sec. 4-5. Every demand presented to him shall specify on
its face the several items composing it , the amounts and the
dates thereof and shall be numbered and acted upon in the
order of presentation. Every demand shall , before payment
be presented to the Auditor with the allowance
thereon of the
Councilor board which appropriated the money pursuant to
"\vhich said demand is made , except that demands for salary
need bear the allowance only of the City Manager or executive
offcer under whose jurisdiction the services are rendered.
11
The Auditor shall not allow any demand unless the same islegally its payment authorized by law and in consequence
of appropriations made pursuant to this charter. Upon allow-
ance, the Auditor shall endorse on each demand the word
Allmved", the name of the fund out of which it is payable
and the date and consecutive number of its allowance and shall
sign his name thereto.
Sec. 4-6. No warrant shall be dra'wn by the Auditor unless
there are suffcient moneys otherwise unappropriated in the
fund against '\vhich the warrant is drawn to pay the same.
Sec. 4-7. No contract required to be in writing and impos-
ing any financial obligation upon the shall be binding'
or of anv force unless the Auditor shall endorse thereon his
certificat that there remains an unexpended and unapplied
balance of the appropriation or fund applicable thereto suff-
cient to pay and fully discharge the City s obligation under
such contract as certified by the board or offcer making the
same. All sums of money represented by such endorsements
outstanding shall be used for no other purpose except the pay-
ment and discharge of the respective contracts so endorsed.
ARTICLE V.
Treasurer.
Sec. 5-1. The Treasurer shall perform all the duties of
Treasurer and Tax Collector prescribed by this charter , by
ordinance and by general law and shall devote his entire time
to the duties of his offce. He shall . subject to Civil Service
requirements , have pmver to appoint , discipline and remove all
deputies and empJoyees in his offce and shall be responsible
for the acts thereof on his offcial bond.
Sec. 5-2. He shall have custody of all moneys belonging to
the City, or to any offcer of the City in his offcial capacity.
He shall payout money belonging to the City or in his offcial
custody only upon warrants drawn upon him duly issued
the Auditor.
Sec. 5-3. The Treasurer shall not receive any moneys unless
the payment of the same is accompanied by the certificate of
the Auditor , stating the amount of the same , to what fund
payable and by whom to be paid.
ARTICLE VI.
lVayor.
Sec. 6-1. The lVayor shall be the offcial and ceremonial
head of the and shall preside at all meetings of the
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Council. He may take command of the Police and Fire
Departments and govern the City by proclamation whenever
the Council determines that public danger or emergency
requires such action.
Sec. 6-2. During the absence or disability of the Mayor
the Vice-President of the Conncil shall perform the offcial
duties of lVayor , and during the absence or disability of both
such offcers, the remaining members of the Council shall
select a l\1ayor Pro-tempore.
Sec. 6-3. Vacancies in the offce of Mayor shall be filled by
the Council.
Sec. 6-4. There is hereby appropriated to the use of the
Mayor in the discharge of his office the sum of fifty dollars
each month for which he need furnish no vouchers.
ARTICLE VII.
City Manager.
Sec. 7-1. The City lVanager shall be the Chief Adminis-
trative Offcer of the City and shall be chosen by the Council
on the basis of his executive and administrative qualifications
with special reference to his actual experience in , or his
knowledge of , accepted practice in respect to the duties of his
offce as hereinafter outlined.
Sec. 7-2. The City Manager shall have the power and it
shall be his duty:
(a) To administer and execute policies and undertakings
formulated by the Council.
(b) To enforce all laws and ordinances , except as provided
by Section 6-, and he is hereby declared to be beneficially
interested in their enforcement and to have power to sue in
proper courts to enforce them.
(c) To appoint , discipline and remove all offcers and
employees of the City under his jurisdiction , subject to Civil
Service requirements.
(d) To act as purchasing agent for tIle City and all offcers
and boards thereof , except the Board of Education and the
Public Utilties Board unless so requested by them.
(e) To attend all meetings of the COUllcil unless excused
by the Councilor the Mayor.
(f) To keep the Council at all times fully advised as to
the needs of the City, and to recommend such measures and
policies as he may deem expedient.
(g) To conduct such investigations and prepare such plans
specifications or reports as may be specified by the Council.
13
(h) To see that all contracts and franchises made under his
jurisdiction or that of the Council are faithfully performed
and to report all violations thereof to the Council.
(i) To supervise and administer all public parks , golf
courses , recreation areas, wharves , docks and other public
properties, utilities and facilities belonging to the City, except
as in this charter otherwise provided.
(j) To appoint technical advisory experts or boards with
the consent of and at such compensation as may be provided
by the Council.
(k) Until a Civil Service ordinance shall be in force , to
establish examinations as to fitness of applicants for positions
below the rank of Chief in the Police and Fire Departments
and to make appointments therein only on the basis of merit
after such examinations.
(1) To prepare and submit a budget as required by this
charter.
(m) To investigate the conduct and proceedings of anyoffcer or board of the City when he shall deem the same
necessary, or when so directed by the Council.
(n) To devote his entire time to the duties of his offce.
(0) To formulate rules and regulations for offcers and
employees under his jurisdiction.
Sec. 7-3. Neither the Council nor any of the members
thereof shall interfere with the execution by the City Manager
of his powers and duties. Except for purposes of inquiry,
the Council and its members shall deal with that portion of
the administrative service for which the City J\fanager isresponsible solely through him. An attempt by a Council-man to influence the City Manager in the making of any
appointment or the purchase of any materials or supplies shall
subject such Councilman to removal from offce for malfea-
sance.
Sec. 7-4. The City J\fanager shall appoint a Chief of Police
who shall be the chief executive of the Police Department.
Sec. 7-5. The City Manager shall appoint a Chief of the
Fire Department who shall be the chief executive of the Fire
Department.
Sec. 7-6. The City Manager shaH appoint a Health Offcer
who shall be the chief executive of the Health Department.
The Health Offcer shall hold the degree of Doctor of Medicine
and a license to practice medicine in the State of California
or a degree representing equivalent training in public health.He shall exercise all the powers and duties vested in boardsof health or health offcers by general law or ordinance now 01'
hereafter adopted.
Sec. 7-7. The City IVlanager shall appoint a City Physiciauwho shall hold the degree of Doctor of Medicine and a license
14-
to practice medicine in the State of California. The City
Physician shall , without charge and as required by the COUll-
cil , render emergency, surgical and medical service , and make
such medical examinations as may be necessary for the admin-
istration of the affairs of the City Government. He shall have
charge of any receiving hospital or dispensary established by
the City.
Sec. 7-8. The City Manager may consolidate the offces of
Health Offcer and City Physician.
Sec. 7-9. The City Manager shall appoint a Superintend-
ent of Stn3ets who shall be the chief executive of the Street
Department.
Sec. 7-10. The City Manager shall appoint a City Engi-
neer who must have been , prior to his appointment , a prac-
ticing Civil Engineer for a period of not less than five years.
He shall be the custodian of all engineering records of the
City, and all engineering records prepared by him shall be
';he property of the City.
Sec. 7-11. The City Manager may consolidate the offces
of Superintendent of Streets and City Engineer.
Se.c. 7-12. The Chief of Police , Chief of the Fire Depart-
ment , Health Offcer , City Physician , Superintendent of
Streets and City Engineer shall each have power to discipline
any employee under his control by the imposition of a fine
not to exceed one month's salary, or by suspension without
pay for not to exceed thirty days , or other penalty less than
dismissal, subject to appeal to the City Manager who shall
on such appeal , have final and arbitrary authority to affrm
modify or revoke such penalty.
ARTICLE VIII.
City Attorney.
Sec. 8-1. The City Attorney shall have been , at the time
of his appointment , regularly admitted to praetice and
engaged in the practice of law in the State of
California for
a period of at least five years next preceding such appoint-
ment.
Sec. 8-2. The City Attorney shall prosecute all violations
of the ordinances of the City. He shall , subject to the general
direction of the Council , board or elective offcer having juris-
diction of the matter , prosecute and defend for the City and
all boards , offcers and employees in their offcial capacity all
proceedings before judicial and quasi-judicial tribunals. He
shall not compromise, settle or dismiss any action for or
against the City without permission of the Council.
He shall
15
not commence any action without permission of the Council
or written instruction of the City Manager. He shall be the
legal advisor of and attorney and counsel for the City
and for all offcers and boards thereof , in all matters relating
to their official duties , and whenever requested in writing by
any of them , he shall give his legal advice in writing.
Sec. 8-3. He shall approve the form of all bonds given to
the City, prepare all contracts or legal instruments in whi0h
the City is interested , and shall endorse on each his approval
of the form thereof. He shall , when required by the Council
or any member thereof , draft proposed City ordinances and
amendments thereto. He shall deliver all books , papers, docu-ments and property of every description belonging to his
offce or to the City, to his succeSSor in offce.
Sec. 8-4. The City Attorney shall appoint , discipline and
remove , subject to civil service requirements , all assistants
deputies and employees under his authority. All assistants
and deputies must be duly admitted to practice law in the
State of California.
Sec. 8-5. The Council , or any board with the consent
the Council , may empower the City Attorney, at his request
to employ special legal counsel.
ARTICLE IX.
City Clerk.
Sec. 9-1. It shall be the duty of the City Clerk:
(a) To perform all duties imposed upon him by general
law where not inconsistent with this charter or the ordinances
of the City and to devote his entire time to the duties of his
offce.
(b) To act as Clerk of the City Council and keep an
accurate public record of the proceedings thereof , and also
separate , properly indexed books in which , respectively, he
shall record all ordinances and resolutions.
(c) To have custody of the offcial Seal , deeds , leases , con-tracts and all records of the Council and such other offcial
records as may be committed to his care.
(d) To take affdavits and administer oaths , without charge
in all matters affecting the business of the City.
(e) 'fo appoint , discipline and remove , subject to civil serv-
ice requirements, all employees and deputies in his offce
subject as to all deputies , to the approval of the Council.
(f) To act as Secretary of the City Planning Board.
16
ARTICLE X.
Boards.
The following Boards are hereby established:
Board of Education;
Public Utilities Board;
Civil Service Board;
City Planning Board;
Social Service Board;
Library Board.
Sec. 10-2. Each of said Boards , except the Public Utilities
Board and Social Service Board , shall consist of five members.
Upon nomination of the Mayor , the Council shall appoint
between May 1 and July 1 of each year , one member of each
such Board for a term commencing on the first day of July
following such appointment and continuing for five years , and
thereafter until the Sl'ccessor of such member is appointed
and qualified.
Sec. 10-3. The Public Utilties Board shall consist of five
members , one of whom shall be the City Manager who shall
have full power of participating and voting. Upon nomina-
tion of the Mayor , the Council shall appoint , between May 1
and July 1 of each year , one member of said Board for a term
commencing on the first day of July following such appoint-
ment and continuing for four years and thereafter until the
successor of such member is appointed and qualified.
Sec. 10:4. The Social Service Board shall consist of seven
members , one of whom shall be the City Manager , who sha
have full power of participating and voting. Upon nomina-
tion of the Mayor , the Council shall appoint , between May 1
and July 1 of each year , two members of such Board for
terms commencing on the first day of July following such
appointment and continuing for three years and thereafter
until the successor of such member is appointed and qualified,
Sec. 10-5. A vacancy in the offce of a member of any board
shall be filled for the unexpired term. by nomination and
appointment in the manner hereinabove set forth,
Sec: 10-6. All members of such boards shall , at the time
of their appointment and continuously during their incum-
bency, be electors of the City.
Sec. 10-7. Each person appointed to membership of any of
said boards shall be particularly qualified to discharge the
functions of his offce and , to that end:
(a) One member of the Public Utilties Board shall be an
electrical , civil , mining or mechanical engineer.
Sec. 10-8. The members of such boards shall receive no
compensation,
Sec. 10-
17
ity
Sec. 10-9. A member of such board may be removed by
the vote of four members CounciL
Sec. 10-10. At its first meeting after July 1 of each year
each such board shall select a President, a Vice-President , a
and such other offcers as it may desire.Sec. Each of said Boards shall have the power to
establish rules for its proceedings , appoint , discipline andremove to Civil Service requirements) its offcers and
prescribe thoir duties and exerciso all author-
perform all duties prescribed by this charter and by
law or ordinances.
Sec. 10-12. No position of employment with any right of
attached thereto shall be established under theof of said except the Board of Edu-
cation , the Utilities and the Board
except by action of the Council.
Sec. 10-13. The votes of a majority of the entire member-
of a board shall be necessary for action thereof.
ARTICLE XI.
Board of Education.
Sec. The Board of Education shall control and man-
the public schools in the City in accordance with Con-and general law the State of California, and is
vested with all the powers and charged with all the
provided by this Charter and by general law for gov-
boards of city school districts.
Sec. 11-2. In the event that the estimated income for sup-
port of the schools in the City, exclusive of City funds , isin of the Board of Education, insuffcient to
such schools , the Board shall , on or beforeof each submit to the Coun-cil and expenses forthe next fiscal year , accompanied by a request suchsums of as wil be necessary to balance such budget.Council include in the next succeeding tax levy and
apportion to the Alameda School Fund as received the amount
of money so requested , except that by the affrmative vote of
four members thereof , the Council may reduce such amount
and apportion to such fund , not less than twenty cents on
one hundred dollars of assessed valuation. Such fund
be expended by the Board of Education , but otherwise
held and audited as other City funds.
S0R 38
18
ARTICLE XII.
Public Utilities Board.
Sec. 12-1. The Public Utilities Board shall have the power:
(a) To control and manage all public utilities ovmed by
the City used for the purpose of generating, distributing or
sellng gas or electricity or for the purpose of furnishing
transportation.
(b) To control and manage any City-owned public utility,
the control and management of which shall have been dele-
gated to the Board by the Councilor the People.
(c) To contract for the purchase of materials and supplies
subject to the provisions of Sections 3-15 and 3-16 of this
Charter except as otherwise in this article expressly provided.
In connection 'with such contracts the Board may exercise the
powers conferred upon the Council by said sections.
Sec. 12-2. The Board shall also have the power , without
reference to advertising or competitive bidding:
(a) To contract for the purchase , for not to exceed five
years , of gas , electrical energy or such other public utility
service or commodity necessary for the operation of a public
utility under the control and management of the Board.
(b) To advertise and publicise the business of any public
utility under its control and management.
('c) To acquire full or joint use of poles , pipes , conduits and
rights of way; and to acquire by lease or purchase in the
name of the City real property necessary for its purposes.
(d) To purchase out of a revolving fund goods , wares and
merchandise to be resold for the purpose of increasing the
public utility services or commodities under the control and
management of the Board; provided , the total amount of
money in such fund , together with the amount of money
invested in such goods, wares and merchandise , shall not in
the aggregate exceed the sum of $15 000.00.
Sec. 12-3. The Board shall also have the power:
(a) To sell obsolete or unnecessary personal property,
subject to the consent of the Council on all sales exceeding
the sum of three thousand dollars.
(b) To make any original construction of and any improve-
ment to any utility under the control and management of the
Board, and to do and perform any work for the City or any
board thereof at cost; provided , however , if the Board shall
elect to make any such original construction of or improve-
ment to any such utility by contract, then the same shall be
done subject to the provisions of Sections 3-15 and 3-, the
Board exercising the powers conferred upon the Council in
said sections.
19
(c) To fix rates for the services of all utilities under its
control and management.
( d) To establish and abolish positions of employment under
its control and fix the compensation and prescribe the duties
thereof. No employee of the Board receiving compensation
from it shall be , or 'within one year preceding his employment
have been , a member of the Board.
(e) To borrow, with the approval of the Council and not
otherwise. not to exceed one hundred thousand doJlars in the
aggregat for capital investment. Money borrowed pursuant
to this sub-section shall provide that the same may be repaid
at any time and shall be repaid within twenty years from
date thereof.
(f) To invest the reserves provided for in Section 12-6 in
bonds of the City, bonds of the United States , of the State
of California or of any county or municipality in the State of
California.
Sec. 12-4. The Board shall:
(a) Keep books and records for each utility under its con-
trol and management in the manner prescribed by the Cali-
fornia Railroad Commission or its successor in authority, and
all other fiscal records in the manner prescribed by the
Auditor.
(b) File with the Auditor and Council monthly and annual
reports setting' forth the financial and physical condition of
the utilities under its control and management, accompanied
by monthly and annual audits prepared by the Certified
Public Accountant referred to in Section 3-7 (c).
(c) Maintain a store room and store room system , wherein
a detailed record shall be kept of all materials received and
issued in a manner satisfactory to and subject to the audit of
the Accountant referred to in the next preceding sub-section.
(d) Prepare and adopt an annual budget.
Sec. 12-5. Neither the City nor the Board shall engage
in any public utility business , in which the City or the Board
is not now engaged, except with the consent of the People
expressed by a two-thirds vote.
Sec. 12-6. The Board may retain from earnings of public
utilities under its management and control in each fiscal year
after payment of bond interest and sinking fund requirements
and operating expenses exclusive of depreciation , a sum equal
to ten percent of the investment in Fixed Capital in Service
of such utilities 2t the beginning of such fiscal year , as a
reserve for contingencies , replacements , renewals , additions
and improvements; provided , however , that when the amount
of \li orking' Capital (Current A.ccrued Assets less OurrentAccrued Liabilities) at the end of such fiscal year shall be
equivalent to or in excess of twenty-five percent of the Fixed
19
(c) To fix rates for the services of all utilities under its
control and management.
(d) To establish and abolish positions of employment under
its control and fix the compensation and prescribe the duties
thereof. No employee of the Board receiving compensation
from it shall be , or within one year preceding his employment
J1ave been , a member of the Board.
(e) To borrow, with the approval of the Council and not
otherwise , not to exceed one hundred thousand doHars in theaggregate for capital investment. Money borrowed pursuant
to this sub-section shall provide that the same may be repaid
at any time and shall be repaid within twenty years from
date thereof.
(f) To invest the reserves provided for in Section 12-6 inbonds of the City, bonds of the United States , of the Stateof California or of any county or municipality in the State of
California.
Sec. 12-4. The Board shall:
(a) Keep books and records for each utility under its con-trol and management in the manner prescribed b3' the Cali-fornia Railroad Commission or its successor in authority, and
all other fiscal records in the manner prescribed by theAuditor.
(b) File with the Auditor and Council monthly and annual
reports setting forth the financial and physical condition ofthe utilities under its control and management, accompanied
by monthly and annual audits prepared by the CertifiedPublic Accountant referred to in Section 3-7 (c).(c) Maintain a store room and store room system , wherein
a detailed record shall be kept of all materials received andissued in a manner satisfactory to and subject to the audit of
the Accountant referred to in the next preceding sub-section.
(d) Prepare and adopt an annual budget.
Sec. 12-5. Neither the City nor the Board shall engage
in any public utility business , in ,vhich the City or the Board
is not now engaged , except with the consent of the People
expressed by a two-thirds vote.
Sec. 12-6. The Board may retain from earnings of publicutilities under its management and control in each fiscal yearafter payment of bond interest and sinking fund requirements
and operating' expenses exclusive of depreciation , a sum equal
to ten percent of the investment in Fixed Capital in Service
of such utilities at the beginning of such fiscal year , as areserve for contingencies , replacements, renewals , additionsand improvements; provided , however, that when the amountof Working Capital (Current Accrued Assets less CurrentAccrued Liabilities) at the end of such fiscal year shall be
equivalent to or in excess of twenty-five percent of the Fixed
20
Capital ill as of the same date if an amount equal to
five percent of Fixed in Service at the beginning of
the fiscal year 'were retained , then and in such event the sum
retained for the fiscal year shall be reduced to five percent
of the Fixed Capital in Service at the beginning of the
fiscal
year.
All
said
of such utilities for the fiscal year in excess of
and retainments shall be transferred the
to the General :B'Ul1d of the Citv, unless the Council
to the end of the fiscal veal' shall 3 u'thorizc the Board to
retain for said reserve a
.'
than above set
forth. For the purpose of out the provisions of this
section the Board prior to the first day of each fiscal year
shall make an estimate of the amount to be earned in the fiscal
year in excess of said payments and retaimnents and said
excess amount as estimated shall be transferred to the General
Fund of the City quarterly or as mutually agreed upon
between the Board and the Council. Anv balance of such
excess amount for the fiscal shall be transferred by the
Board to the General Fund the on or before the first
day of next succeeding the end of the said fical year.
ARTICLE
Civil Service Board.
Sec. 13-
shall be its
City.
Sec. 13-2. The Council , on or before ,July 1 shall
establish by ordinance a Civil Service System for the City.
Such ordinance , once adopted , shall not be amended , except
vote of five members of the Council and shall not be
repealed , except by the People. No position of employment
once placed under such Civil Service System , shall be removed
therefrom , except pursuant to such Civil Service Ordinance
or by vote of the People.
Sec. 13-3. Any member of the Police or Fire Department
vl'ho shall have been in the service of the City for three years
shall , if dismissed , have the right to appeal to the Civil
Service Board , which shall have the power to hear the charges
and determine the penalty. The procedure for such appeal
shall be determined by the Civil Service Ordinance , or in
default thereof , by the Civil Service Board.
The Civil Service Board shall have pO\ver and it
to administer the Civil Service System of the
ARTICLE XIV.
City Planning Board.
Sec. 14-1. The
and duties as mayhave
shall have suchordinance. shalland for the futureand beautification of the
and care of trees onthe and develop-
the location and improvement of
and the subdivision and zoning of
ARTICLE XV.
Social Service Board.
Sec. 15-1. 'l'he Social Service Board shall have the power:
(a) To investigate and endorse charitable and philan-
thropic corporations or associations dependent upon public
appeal or general solicitations for support.
(b) To encourag'e the formation of private social welfare
organizations to meet needs not already provided for and tofoster all worthy philanthropic enterprises,
(c) To investigate misstatements , deceptions and frauds in
connection with charitable solicitations and to recommend
appropriate action thereon.
(d) To supervise in such manner as the Council may deter-
mine all employment bureaus , day nurseries and other social
service functions established by the City.
ARTICLE XVI.
Library Board.
Sec. 16-1. The Library Board shall have the power:
(a) To control and manage the Public Library System ofthe City.
(b) To expend for library purposes all moneys in theLibrary Fund , which fund is hereby created.(c) To make and enforce rules and regulations necessary
for the administration , government and protection of theLibrary System and all property thereof.
(d) To purchase necessary books , journals , publications andother personal property.
( e) To borrow books from , rent books to and exchange thesame with other libraries , and to extend library privileges tononresidents upon such conditions as the Board may prescribe,
- 22-
Sec. 16-2. On or before the second Monday in May of each
year , the Library Board shall submit to the Council an item-
ized budget of the amount of money necessary for the admin-
istration of the Library System of the City during the next
ensuing fiscal year. To the extent of seven cents on each one
hundred dollars of assessed valuation , the Council shall , and
as to any excess thereover set forth in such estimate the Coun-
cil may, include in the next succeeding tax levy and apportion
to the Library Fund as received moneys for the purposes set
forth in such budget,
Sec. 16-3. All fines and other money arising out or the
administration of the Public Library System of the City or
gifts or trusts therefor shall be deposited in the Library Fund.
ARTICLE XVII.
Finance and Taxation.
Sec. 17-1. The fiscal year of the City shall commence on
the first day of July of each year and shall end on the next
succeeding thirtieth day of June.
Sec. 17-2. On or before the second Monday in May of
each year , each Board or offcer having supervision or control
of the expenditure of City funds , and every offcer or Board
so directed by the City Manager shall transmit to the City
Manager detailed estimates of income and expenditure for the
ensuing fiscal year,
Sec. 17-3, On or before the first Tuesday in August of
each year , the City Manager shall transmit to the Council a
detailed budget showing the estimated revenues and expendi-
tures of the City and all Departments thereof for the ensuing
fiscal year.
Sec. 17-4. At any time after the first day of September
and not later than thc third Tuesday in September of each
year , the Council shall adopt a budget and fix the rate of City
taxes to be levied and collected upon the property assessed
for taxation within the limits of the City, on the basis of the
valuation thereof as shown by the assessment roll in the offce
of the City Assessor. Such rate , after allowing three percent
of the assessed valuation for delinquencies
, must yield suffci-
ent revenue for the financial needs or the City for the current
fiscal year.
Sec. 17-5. Except in the event of great necessity or emer-
gency, and in such event only by ordinance reciting the same
and passed by the vote of not less than four members of the
Council , or except when authorized by majority vote of thc
People , the annual tax levy, exclusive of sums necessary to
provide for interest and sinking' funds on the City s bonded
- 23-
indebtedness, and to pay for street and sewer work, mainte-nance and improvement of public parks , squares and grounds
salaries of employees of the Fire Department and the moneys
apportioned to the Board of Education pursuant to Section11-2. shall not exceed the rate of one dollar for each one hun-
dre d dollars ' assessed valuation.
Sec. 17-6. The Council shall fix the tax rate by designat-ing the number of cents levied on each one hundred dollars of
assessed valuation of taxable property, specifying the portion
of the whole which shall belong to any particular fund of the
City, and designating also the portion thereof appropriated
for each special purpose or for the bonded indebtedness of theCity. If the Council shall fail to fix the tax rate within the
time prescribed , the rate for the next preceding fiscal yearshall thereupon be automatically adopted.
Sec. 17-7. Unless otherwise provided by ordinance , thelevy and collection of City taxes shall be pursuant to general
law for the levy and collection of State and County taxes, andto that end all duties required by general law to be per-formed by county offcers shall be performed by the City off-
cers performing similar duties and all sales for delinquenttaxes shall be made to the City.
Sec. 17-8. All moneys received by any offcer or employeeof the City in his offcial capacity or belonging to the City,and all moneys directed by general law or by this Charter .be paid or deposited in the City Treasury shall be paid into
the Treasury daily by the offcer or employee receiving thesame.
Sec. 17-9. All charges , fees , commissions and percentagescollected Or received by any offcer or employee of the Cityfor the performance of any offcial duty shall be the property
of the City.
Sec. 17-10. The Mayor, Auditor and City Manager shalltogether, count the money in the City Treasury at least once
in every three months and ascertain the amount of money on
hand and make a written report thereof to the Council withinfive days thereafter showing whether the money in the CityTreasury corresponds to the amount shown by the
fiscal rec-ords of the City.
Sec. 17-11. A Police Secret Fund in such amount as theCouncil may from time to time appropriate is hereby estab-lished under the sole control of the City Manager. It shall bewithdrawable by him without reference to the auditing pro-
visions of this Charter. Such fund shall be expended by theCity Manager and the Chief of Police under the direction ofthe City Manager for investigation and police work of a secret
character and for no other purpose. Semi-annually and atsuch other times as the Council may require , the City Man-ager shall file with the Council his affdavit and the affdavit
- 24-
the Chief of Police that all moneys expended out of the
fund have been used for the purposes hereinabove set forth.
Sec. 17-12. An Emergency Revolving Fund , the unex-
pended balance of which shall at no time exceed five hUlldred
dollars , is hereby established. The Council shall appropriate
to such fund from time to time such amounts as
it deems
proper. Such fund shall be expended for emergency pur-
poses only upon demands signed by both the City
Manager
and Auditor , but not otherwise appropriated , audited,
allowed or approved. Said offcers shall take receipts for all
money expended out of such fund and at least quarterly shall
file "lith the Council a detailed statement of such expenditures.
Sec. 17-1:3. The Council may provide for the establishment
of a permanent revolving fund , to be known as the Cash Basis
Fund , suffcient to place the business of the City upon a cash
basis.ARTICLE XVIII.
Franchises.
Sec. 18-1. Franchises may be granted for the usc by any
public utility of the streets , public places or property of the
City upon such terms , conditions , restrictions and limitations
as may be prescribed by ordinance , but no franchise shall be
granted without reserving to the City adequate compensation
for the privilege conferred; nor for a longer period than
twenty years unless there be reserved to the City the right to
take over at any time the portion of snch utility located within
the City without compensation for the value of the franchise
granted.ARTICLE XIX.
lVunicipal Elections.
Sec. 19-1. lVunicipal Elections held in the City of Ala-
meda shall be classified as of two kinds:
(a) GenerallVunicipal Elections;
(b) Special lVunicipal Elections.
Sec. 19-2. A General lVunicipal Election shall be held
bi-annually on the second Tuesday in lVarch of each odd mim-
bered year. The first GenerallVunicipal Election after the
adoption of this Charter shall be held on Tuesday, lVarch 14
1939. All other municipal elections shall be Special Municipal
Elections. A Special Municipal Election may be called by
ordinance or by resolution of the Council.
Sec. 19-3. The provisions of general law and the Consti-
tution of the State of California relating to the
qualifications
of electors , and the provisions of general law governing elec-
tions for State and County offcers, not inconsistent with the
25
provisions of this Charter , and so far as they may be appli-
cable , shall govern all municipal elections. The Council and
the City Clerk , respectively, shall exercise the powers and per-
form the duties conferred or imposed by general law on the
Board of Supervisors and County Clerks , respectively, con-
cerning elections.
Sec. 19-4. No person shall become a candidate for an elec-tive offce of the City unless he shall have been nominated as
provided in this article. Every candidate for elective offce.
shall be nominated by written petition signed by not less than
thirty nor more than fity qualified electors of the City. SuchNominating Petition may consist of one or more sections , pro-
that each such section shall contain a full and accurate
copy of the text of the petition. Each signer shall add to his
signature his place of residence , giving street and number
when such designation can be given. One of the signers ofeach petition , or of each separate section if such petition be
in sections , shall make oath that the statements therein are
true , and that each signature \vas affxed in his presence and
is the signature of the person 'whose name purports to
thereto subscribed. Each Nominating Petition shall state the
address of the candidate , the offce for which he is nominated
and must be accompanied by the written acceptance of thecandidate therein named. No more than one candidate maybe named in anyone petition. In case an elector has signe
two or more nominating petitions for the same offce , all suchsignatures, except the one appearing on the petition first pre-
sented , shall be rejected; provided , however , that in case two
or more persons are to be elected to the same offce at the
same election , an elector may sign the Nominating Petition of
as .many persons as there are offcers to be elected to suchoffce. Signatures on Nominating Petitions shall not bewithdrawn.
Sec. 19-5. Every Nominating Petition must be filed with the
City Clerk not earlier than sixty days nor later than thirty
days before any General Municipal Election. On receipt ofany such petition the City Clerk must file the same and there-upon he shall examine and determine whether it conforms to
the requirements of this Charter , and from the current aff-
davits of registration on fie in the offce of the County Clerk
of the County of Alameda shall ascertain and determinewhether said petition is properly signed by the requisite num-berofqualified electors , and within five days from such filinghe must attach to said petition his certificate showing theresult of his examination. If the petition be found insuffcient
such certificate shall designate the defects therein , and suchpetition may then be amended or supplemented by the filing,not less than thirty days before such General Municipal
Election, of an amended or supplemental petition , and the
26-
City Clerk shall , within five days fram the fiing thereof
make like examinatian of the san1; and attach his certificate
thereto..
Sec. 19-6. Any person named in a Nominating Petition
filed as herein provided may, nat later than twenty-five days
before the ensuing General Municipal Election , cause his
name to. be withdrawn from nomination by filing with the
City Clerk a statement of withdrawal acknowledged before a
notary public. The names af candidates who have 'withdrawn,
ar who have died , twenty-five days ar more before said elec-
tion , shall not be printed upon the ballot nor entered in the
list of candidates. If by reason af such withdrawal ar death
the number of candidates remaining does not exceed the num-
ber af offcers to. be elected to an offce, then other naminatians
may be made for such offce by pres enting petitions therefar
not later than twenty-one days prior to. such election , but no.
amendment or supplement to any such petition shall be
aJlowed,
Sec, 19-7. Not later than twenty-one days before the ensu-
ing election each candidate must file with the City Clerk a
vcrified statement of his name , the offce far which he is a
candidate , his residence , place of birth , accupation for the past
five years , public offces he has held , whether he is a taxpayer
af the City and whether he has ever been convicted af a felony
ar misdemeanor involving moral turpitude. He may give in
such statement , in nat to exceed ane hundred fifty wards , such
other information regarding his experience and qualifications
as might enable the electars to determine his fitness far offce.
Such statement shall also. contain the names of not less than
twenty residents of the City, and no. athers , who. have signed
his nominating petition. Any material misstatement of facts
ill such statement shall disqualify the candidate from holding
any City offce.
Each candidate must also deliver at his awn cost , to. the City
Clerk , printed copies of such statement equal to the number of
qualified electars of the City. Each capy shall be printed on
a single sheet of .white paper faur inches wide by nine inches
lang, and shall have printed there an a true photograph of
such candidate taken within two years prior thereto.
The City Clerk shall mail one of such capies to each quali-
fied elector with the sample ballat. 'rhe City Clerk shall not
place on the ballot the name af any candidate who has failed
to file and furnish copies of the statement required by this
section.
Sec. 19-8. After the closing of naminations the City Clerk
shall list the names of the candidates who have been nominated
as herein pravided , and who have complied with the preceding
section , together with the offces to be filled , and nat later than
twenty days before the day af election shall certify such list
27
as being the list of candidates nominated as required by the
Oharter of the City and fie the same in his offce.
Sec. 19-9. At least ten days before a General Municipal
Election the Mayor must issue under his hand , and the City
Clerk must attest , an election proclamation containing a state-
ment of the time of the election , the offces to be filled and the
names of the candidates and of the propositions , if any, to
be voted on as the same shall appear on the ballot. The City
Clerk shall cause said proclamation to be published twice in
the Offcial Newspaper, and the last publication thereof shall
be at least five days before the date of election, No further or
other notice of such election need be given.
Sec. 19-10. The Council shall , by ordinance or resolution
passed or adopted not later than twenty days before an elec-
tion , establish election precincts , designate the pollng places
therefor and name the offcers of election for each precinct;
provided that when two or more municipal elections are con-
solidated by the Council it shall not be necessary to set forth
the precincts , pollng places and offcers of election in more
than one of such ordinances or resolutions.
Sec. 19-11. The Council shall canvass the election returns
and declare the result of any municipal election at its first
regular meeting following the election , or at a special meeting
held within ten days after such election , unless such election
has been consolidated and the canvassing of returns delegated
pursuant to general law.
Sec. 19-12. In case there is but one person to be elected to
an offce , the candidate receiving the highest number of votes
cast for that offce shall be declared elected.
In case there are two or more persons to be elected to the
same offce , then those candidates , equal in number to the num-
ber to be elected , who receive the highest number of votescast for such offce , shall be declared elected. Where full and
one or more unexpired terms to the same offce are to be filled
the candidates , equal in number to the number of offcers to be
elected for the full term , who receive the highest number of
votes cast for such offce , shall be declared elected for the fullterm; and the candidate who receives , or the candidates equalin number to the number of offcers to be elected for Ullexpired
erms who receive , the next highest number of votes shall be
declared elected for the unexpired term or terms. If unex-pired terms be of different duration , the candidate who receivesthe highest number of votes shall be declared elected for the
longer term.
Sec. 19-13. In case of a tie vote , the City Council shallforthwith summon the candidates who have received such tie
votes to appear before the Council at a time and place to be
designated , and the Council shall , at such time and place
determine the tie by lot. Such summons shall , in every case
- 28-
be mailed to the address of the candidate as it appears in his
Nominating Petition , Or delivered to him personally, at least
five days before the date fixed for the determination of such
tie votes.
Sec. 19-14. At least ten before any Special Municipal
Election , the must issue under his hand , and the CityClerk must an election proclamation a state-
ment of the time of such election and of the to be
voted 011 as the same shall appear on the Such procla-
mation shall be published as required for Municipal
Elections and no further or other notice need be given.
ARTICLE XX.
Recall.
Sec. 20-1. The holder of any elective offce of this City
may be recalled from offce at time by the qualified electors
thereof , provided he has held office for at least six months.
The provisions of this article are intended to apply to offcials
now in offce , as weU as to those hereafter elected.
Sec. 20-2. Recall proceedings shaH be instituted by filing
with the City Clerk a notice of intention to circulate a petition
for recall. Such notice shall be signed and duly ackIlO1vlec1gec1
by three or more qualified electors of the City, and shall state
the name of , and the offce held by, the person whose recall is
sought , the residence address of every person signing the same
and shall further contain a general statement , not exceeding
three hundred words in length , of the grounds on which the
recall of such offcer is demanded. .
Said statement , and the stfJtement in the answer thereto
hereinafter provided for, shall be intended solely for the infor-
mation of the electors, and any insuffciency in the form or
substance thereof shall in nowise affect the validity of such
recall proceedings.
Upon receipt and filing of said notice , the City Clerk must
endorse thereon the date of such filing.
Sec. 20-3. Within five days from the dl;te of filing of the
notice of intention provided for in the next preceding section
a true copy of said notice shall be served on the offcer whose
recall is soug'ht personally, or may be mailed in the City to him
by registered mail addressed to such offcer at his last known
place of residence in the City. If made by mail , service shall
be deemed complete at the time of the deposit in the post offce.
Proof of service sllall be made by affdavit of ihe person
making such service. Said affdavit shall state the date ' place
and manner of service , and shall be filed with the City Clerk
within ten days from the date of filing said notice.
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Sec. 20-4. Within ten days after the date of fiing of the
notice of intention , the offcer 'whose recall is sought may file
with the City Clerk a duly aclmowlodged answer setting forth
in not exceeding three hundred words , such offcer s reply tothe general statement contained in the notice of intention , orany other justification of his course in offce.Upon and of said answer the Clerk shall
endorse thereon the date of such filing. If such answer be notoffered for filing within the time herein specified , theClerk shall refuse to file the same.
The City Clerk if requested by any person who signed
the notice of intention , give such person a certified
such answer and , if none has been fied , and the time for
has expired , he must snch person his written certificateso stating.
Sec. 20-5. A petition theoffcer of the shall be to the Council of the
of Alameda and shall state the name of , and the offce held by,
the person whose recall from such offce is Such peti-tion shall also contain a copy of the original notice of inten-tion fied with the Clerk , and shall further contain a copyof the answer, if any, fied as provided in the next preceding
section. If said offcer has not fied an answer within the time
specified herein , then said petition shall so state.
Such petition shall be signed by qualified electors or theCity equal in number to at least thirty per centum the total number of persons at the GeneralElection next preceding the filing of such petition.
A petition fOr recall may consist of several
and each such section consist or several of paperwttached together; however , that each suchsection shall contain a full and accurate copy of
text of the petition.
Sec. 20-6. Each of a reealltime signing, immediately
signature, his residence address and date of such
Such residence address shall include the and
if either exists , and if no street or number thendesignation of the place of residence as 'wil the
to be readilv ascertained. It shaIJ not be necessary to include
in such address words designating the if the petition
recites that the signers are residents of the of Alameda.Signatures , addre ses and dates must be vl'rittell in longhandand in ink or indelible pencil. The commonly abbre-viations designating the residence address and the date shall
be suffcient. A married woman must her own given nameOr her initials.
and
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Sec. 20-7. There shall be attached to every petition , or to
each separate section thereof if the same be in sections , an
affdavit made by the person who circulated such petition or
section , giving the residence address of the affant, stating that
all signatures appearing' on such petition or section were made
in affant's presence , and that the residence address , and the
date appearing opposite or following each signature were
written by each of the respective signers at the time of signing,
in the affant's presence , and that according' to his best infor-
mation and belief each signature is the genuine signature of
the person whose name purports to be thereunto subscribed.
Sec. 20-8. A recall petition shall not be circulated for the
purpose of obtaining signatures thereto until the expiration
of the time limit for the fiing of an answer , as specified in
Section 20 4. Signatures affxed to such petition prior to such
time shall not be counted.
Sec. 20 9. The signer of a recall petition may revoke his
signature at any time within forty five days from the date of
fiing the notice of intention referred to in Section 20-, by
filing with the City Clerk a revocation in writing, signed by
such signer and verified by an offcer competent to administer
oaths , and thereupon the City Clerk shall cancel such signature.
A revocation filed after the time herein specified shall not be
valid or effective for any purpose.
Sec. 20-10. Separate sections of any recall petition may be
filed in the offce of the City Clerk from time to time as com-
pleted , provided that all sections comprising such petition must
be filed with the City Clerk not later than forty-five days after
the date of filing of the notice of intention provided for in
Section 20-2. Thereafter all such sections shall together be
deemed and considered as one petition.
Sec. 20-11. Within ten days from the expiration of the time
limit for filing a petition , specified in the next preceding sec-
tion , the City Clerk must examine such petition and from the
records of registration ascertain and determine whether or
not said petition is signed by the requisite number of qualified
electors , and must forthwith file in his offce and attach to such
petition his certificate showing the result of such examination.
Sec. 20-12. If by the Clerk's certificate , the petition is
shown to be insuffcient , the same may be supplemented by
filing with the City Clerk , within fifteen days from the date
of such certificate , supplemental petitions , duplicates of the
original petition except as to the signatures.
Within ten days from the expiration of the time limit
specified in this section for the fiing of supplemental petitions
the City Clerk must make like examination of the supple-
mental petition as of the original petition, and must fie in his
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offce his final certificate showing the result or such examina-tion.
Sec. 20-13. The rollowing general provisions shall govern:
(a) The City Clerk shall endorse the date of filing on each
original or supplemental petition and on each separate sectionthereof, if the same be in sections , and on request of the person
or persons offering same for filing' shall issue a receipt show-
ing the number of sections filed.
(b) If a person has signed such petition more than onceonly the valid signature first affxed shall be counted.
(c) A person whose signature has been rejected on the
original petition may sign ag'ain on the supplemental petition.
(d) No revocation of any signature appearing on a sup-plemental petition shall be permitted.
(e) The Clerk shall determine what number of qualifiedelectors have signed a recall petition from the affdavits ofregistration on file in the offce of the County Clerk of Ala-meda County during the period of such examination , and withrespect to the purported signature of any elector , froll theaffdavit of registration current and in effect at the date of
signing such petition.
(f) The certificate of the Clerk required .in the two sec-tions next preceding must be dated as of the day of filingsame. Such certificate , whether of the original or supple-mental petition , must state the total number of signaturesaffxed on such petition , the number of signatures revoked , thenumber of signatures rejected , the number of valid signatures
thereon , and the number of persons who voted at the next
preceding General Municipal Election.
The certificate attached to a supplemental petition , in
addition to the required data concerning such supplementalpetition, must also contain the corresponding data relating to
the original petition , as the same appears on the certificate
attached thereto , and must state the aggregate number ofvalid signatures appearing on the original and supplemental
petition together.
(g) At the time of his certification the City Clerk also must
attach to such petition , and to each separate section , if the same
be in sections , a statement in tabulated form and signed byhim, showing the name of each person whose signature on
such section was revoked or rejected and the reason or reasons
for each such rejection. On request of any person whosesignature appears on the notice of intention , or of the personor persons vl'ho filed the petition , the City Clerk must deliver
to any such person a copy of all such statements , by himcertified to be a true copy of the original , together with acertified copy of his certificate.
(h) All revocations , petitions , supplemental petitions , cer-tificates , statements , notices and all other documents required
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in this article shall be
inspection as soon as
Sec. 20-14. If the Clerk's certificate shall show that all the
valid signatures on said those containedin supplemental are stil no further
action shall be taken thereon , but the petition and Clerk'
shall remain on as a record, The failure
to secure suffcient on such shall he 'with-out to the of ne,v forand of an new sameSec. The is such as may be to in thebon such such person the such a sum not today as the Clerk.
Sec. 20-16. If either as originally fied or as
supplemented , shall be found to be suffcient. the Clerk mustsubmit same to the his certificatethereto at the next of said Council
after the date of his such suffciency.
The Council must forthwith a Special Elec-
tion to he held within not less thirtv-five nor more than
after the date of .. such t1Je electors wiH such andof a successor. Should General
occur not more than nor less
from the of the the peti-the and the of themay, in its such recallat fmch Election.
Sec. 20-17. is suficient to proposc the recallof one or more and one
for the recall and election of one or more elective oficers.
Sec. 20-18. Nomination of for offce to be
filJed at such recall election shall made in themanner Charter for nomination of
candidates for offce at General Elections.
Sec. 20-19. shall be on the rccall ballot , as
to cverv offcer ,vhose recall to he voted 011 the
.. question:" ShaH (name of person against whom the
recall petition is he recalled from the office of
the o ffce) shall be the words
Yes " and' " on lincs with a blank space at the
of each , in which voter indicate by stamping
a cross (X) his vote for or against such recall. On such
ballots, under eacll such question , there shall also be printed
the names of those persons who have been nominated as
candidates to succeed the recalled , in case he shall be
recalled from offce by recall election , but no vote shall
documents and open to public
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be counted for any candidate for said office unless the voter
also voted on said question of the recall of the person sought
to be recalled from said offce. The name of the person
against whom the petition is fied shall not appear on the ballot
as a candidate for the offce.
Sec. 20-20. The City Clerk shall cause to be printed and
mailed to each elector of the City at least ten days prior to
any recall election , a sample of the ballot to be used at such
election.
Sec. 20-21. If a majority of those voting on the question
of the recall of any offcer from offce shall vote " No , said
offcer shall continue in said offce. If a majority shall vote
Yes , said offcer shall thereupon be deemed removed from
such offce. The Council shall canvass the returns of such
election and declare the result in like manner as in a Gelleral
Municipal Election. If the vote at any such recall election
shall recall the offcer, then the candidate who has received
thehig hest number of votes for the offce shall be declared
elected for the remainder of the term. In case the person
who received the highest number of votes shall fail to qualify
within ten days after receiving the certificate of election , the
offce shall be deemed vacant.
Sec. 20-22. Proceedings for the recall of any offcer shall
be deemed pending from the date of the filing of the notice
of intention to circulate a petition for the recall of such offcer.
Sec. 20-23. In the event that any offcer should resign
while proc€eclings for his recall are pending, but before the
petitions for his recall have been filed with the City Clerk
then . the City Council shan fill the vacancy caused by sueh
resignation by appointment.
The person so appointed to fill such vacancy shall serve
until the third rl'uesday in April following the next General
lVlunicipal Election; provid-ed, however, that if a Speeial
Municipal Election be ealled as hereinafter provided , then
such appointee shall hold offce only until the person elected
at such Speeial Municipal Eleetion shall qualify.
, notwithstanding such resignation , and within the time
limited . in Sections 20-10 and 20-, the proponents of the
recall file suffcient petitions for the recall, then the Council
upon receipt of the petition aceompanied by the Clerk's cer-
tificate , as provided in Seetion 2D-, must forthwith call a
Special Municipal Election to elect .a successor for the unex-
pired term of the offcer thus resigned , which election shall be
held not l-ess than thirty-five days nor more than forty-five
days after the callng of such election.
n the event that the offcer whose recall is sought should
resign his offce , or a vacancy occur in said offce,. after a
petition for his recall is filed , the election shall nevertheless
3-SCR 38
34 if called as provided in Section 20-16. Insuch vote on the question of recall shall not
be counted , but the election shall serve for the purpose of
electin,g a successor. If at the time such resignation or
vacancv occurs the recall election has not been called. the
Counci l must nevertheless forthwith call a Special lVlun tcipal
Election to elect a successor to the offce thus left vacant
who shall serve for the balance of the unexpired term , and
which election shall be held not less than thirty-five nor
more than forty-five days after the calling of such
Sec. 20-24. All Special lV'Iunicipal Elections for recall
to fill any vacancy created by recall or by resignation pending
recall proceeding's shall be conducted , as near as may
in this Charter provided for General Municipal Elections.
Sec. 20-25. No person who has been recalled or who has
resigned from offCE1 while recall proceedings were pending
against him shall be appointed to or become a candidate for
any City offce within one year after such resignation or recall.
Sec. 20-26. The performance of the acts required this
article to be performed by the City Clerk , the
any other offcer , is hereby declared to be mandatory on such
offcers. The failure of any such offcer to perform any of said
acts witbn the time herein specified shall not invalidate or
terminate such proceedings but the time for the performance
of any subsequent act shall be extended for a period equal
to the period of delay.
Sec. 20-27. This article shall be liberally construed to pro-
mote the objects thereof , and no error , omission or irregularity
not afecting the substantial rights of any citizen or public
offcial shall ever be held to invalidate any proceedings taken
under this article where the requirements of this article have
been substantially complied with.
ARTICLE XXI.
Initiative and Referendum.
Sec. 21-1. The Initiative and Referendum may be exercised
by the qualified electors of the City in the manner provided
by general law.
ARTICLE XXII.
Miscellaneous.
Sec. 22-1. No offcer or employee of the City shall:
(a) Become financially interested , except by testate or
intestate succession , either directly or indirectly, in any con-
tract or sale, purchase , lease or tranfer of real or personal
property to which the City is a party, or be employed by any
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public service corporation regulated or holding franchises
in the City. No ofllcer or shall be deemed to be
financially interested by the ownership of less than five per
cent of the outstanding capital stock of a corporation.(b) accept or promise anything of value for the
purpose of procuring a nomination , appointment , election or
employment.
(c) Knovyingly mislead any bidder by giving or withhold-
information.
wilful violation of any of the foregoing provisions shall
constitute misconduct.
Sec. 22-2. Any contract or sale , purchase , lease or trans-
fer of real or personal property to which the City is a party
and in which any offcer or employee of the City is financially
interested , directly or indirectly, as in Sec.
22-1 (a), shall be voidable at the of the Counci1.
Sec. 22-3. Every offcer or employee who shaH approve
allow or pay any demand on the Treasury, knowing that the
same is not authorized and legally due , shall be liable to the
City individually and on his offcial bond for the amount of
the demand so ilegally allowed or paid.
Sec. 22-4. Any person convicted ofa felony or misconduct
in offce shall forfeit his offce or position of employment. No
person who shall have been convicted of a felony or mis-
conduct in offce shall ever hold any offce or position of
employment in the service of the City.
Sec. 22-5. .All books , files and records of the City and of
all boards and offcers thereof shall be open to public inspec-
tion during usual business hours secrecy of the con-
tents of such books , fies and records is necessary in the public
interest.
Sec. 22-6. Copies or extracts of public records shall be
given upon demand for the same and paying ten cents per
folio. of one hundred words for each copy or extract , and the
additional sum of twenty-five cents for each certification.
Sec. 22-7. Traveling expenses shall not exceed actual cost
of transportation , plus a reasonable per diem allowance , the
latter to be fixed annually by the Council uniformly for all
offcers and elll)loyees. Traveling expenses , except for routine
du.ties , shall be allowed only if authorized by the Coullcil.
Sec. 22-8. All public offces , except where othenvise pro-
vided by law , shall be open for business every day, except holi-
days , from 9 :00 A.M. to 5 :00 P., subject to the power of the
Coullcil to increase such hours for the necessary accommoda-
tion of the public.
Sec. 22-9. The compensation of elective offcers of the City
shall not be increased or decreased during their respectiveterms of offce. This section shall not prohibit the increase or
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decrease of compensation of assistants or deputies.
Sec. 22-10. The Council and all Boards of the City shall
have power to accept gifts and trusts and control , manage
dispose of and otherwise administer the same in accordance
with the terms thereof.
Sec. 22-11. All real property acquired by the City shall
be held in the name of "City of Alameda
ARTICLE XXIII.
Schedule.
Sec. 23-1. This Charter shall take effect on July 1 , 1937.
Sec. 23-2. All ordinances , resolutions and orders in force
at the time this Charter takes effect shall so remain in full
force and effect unless contrary to the provisions hereof
subject to repeal and amendment.
Sec. 23-3. All offcers and employees of the City at the
time this Charter takes effect shall continue in offce for the
remainder of their respective terms (if fixed) or until removed
as herein provided (if for an indefinite term), subject to all
the provisions of this Charter.
Sec. 23-4. All members of the Board of Public Utilities
Commissioners elected in the year 1934 for four-year terms
shall hold offce until .June 30 , 1939 . and all members of said
Board elected in the year 1936 shall hold offce until June 30
1941. Of the vacancies occurring ,June 30 , 1939 . One shall
succeeded to by the City Manager , one shall be filled by
appointment for a term of four years and one by appointment
for a term of one year , and the vacancies occurring June 30
1941 , shall be filled , one by appointment for a term of four
years , and one by appointment fDra term of one year.
Upon taking effect of this Charter , the City IVfanager shall
become ex offcio a member of the Public Utilties Board with
full participating and voting power.
Sec. 23-5. The Boards and members thereof named in the
first column following shall be deemed to be the successors to
the Boards and members thereof . named . in the second. column
following. All incumbents and members of Boards in the
second column at the time this Charter takes effect shall
immediately assume and continue to hold the successor offce
for the ren ainder of their unexpired terms.
Board of Education , successor to Board of Education
Library Board , successor to Board of Library Trustees
Public Utilities Board , succesSOr to Board of Public Utilities
Commissioners
Social Service Board , successor to Board of Social Service
Sec. 23-6. The adoption of this Charter shall not affect the
courts established by law and now existing in the City,
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That the aforesaid proposed charter was , by order of the
Council of said City, filed in the offce of the City Clerk of
said City on March 17 , 1937 , and waS fully set forth and
incorporated in said Resolution No. 2150;
That by order of the City Counci of said City, said pro-
posed charter was published and advertised in accordance
with the provisions of Section 8 , Article XI of the Constitu-
tion of the State or California , on the 19th day of March
1937, in The Alameda Journal , a weekly newspaper or gen-
eral circulation and the Offcial Newspaper of said City, and
in each edition thereof during the day of said publication;
That copies of said proposed charter were printed in con-
venient pamphlet form and in type of not less than ten-point
and an advertisement that copies thereof could be had by
application therefor at the offce or the City Clerk of the City
or Alameda was published in said The Alameda Journal , and
also in the Alameda Times-Star , a newspaper of general cir-
culation printed and published in said City daily except Sun-
day, on the 19th day or March , 1937 , and thereafter in each
and every issue of said newspapers until and including the
day fixed for said special election , all as required by Section
, Article XI or the Constitution of the State of California;
That printed copies of said proposed charter were on hand
and could be had upon application therefor, at the offce aI
the City Clerk of said City of Alameda from the 19th day of
March , 1937 , until and incIUding the day fied far said special
election;
That copies of said proposed charter , in convenient pam-
phlet form , and in type of not less than ten-point, were mailed
to each qualified electar of said City of Alameda with the
sample ballot of said election , more than ten whole days pre-
ceding the date of such election;
That the Council of the City of Alameda, the legislativebody of said City, by its Resolutian No. 2150 , passed on the17th day of March , 1937 , did order the holding of a special
election in said City of Alameda on the 29th day of April
1937 , said day being at least forty days after the completion
of advertising of said proposed charter in said Offcial News-paper of said City, and not more than sixty days arter the
completion of such advertising, and did provide in said Resa-
lution for the submission of the praposal for the adoption andratification of said praposed charter to the qualified electarsaf said City at such election;
That said special election was duly and regularly held
April 29 , 1937 , and at said electian a majority of the quali-
fied electors voting thereon voted in favor or the ratificationand adoption of, and did ratify and adopt , the said proposedcharter as and for the charter of the City of Alameda;
38
That the returns of said special election were , in accordance
with the law in such cases made and provided , duly and regu-
larly canvassed and certified to by the Coul1cil of said City of
Alameda at its regular meeting held on May 4, 1937 , and the
said City Council duly found , determined and declared that a
majority of the qualified electors of said City voting thereon
had voted in favor of said proposed charter and for the ratifi-
cation and adoption thereof , and that the same was ratified
and adopted by a majority of the qualified electors of said
voting thereon at said election;
we further certify that we have compared the fore-
going proposed and ratified charter of the City of Alameda
with the original proposed charter framed by the Council of
said City as aforesaid , and find that the foregoing is a full
true and exact copy thereof.
IN WITNESS WHEREOF , we have hereunto set our
hands and caused the seal of said Citv of Alameda to be
affxed hereto this 4th of 1937:
HENRY A. WEIOHHART
of the City of AlamedaD. DYER
City 'Clerk of the City of Alameda
\VHEREAS, Said proposed charter has been and is now sub-
mitted to the Legislatur.e of the State of California for
approval or rejection as a whole, without power of alteration
or amendment , in accordance with Section 8 of Article XI
of the Constitution of the State of California
N ow , therefore , be it resolved by the Senate of the State of
California, the Assembly thereof concurring, a majority of
all the members elected to each house voting therefor , and
concurring therein , that such charter herein set forth, as
submitted to and ratified the qualified electors of said
city be , and the same is hereby approved as a whole , with-
out alteration or amendment , for and as the charter of the
city of Alameda , State of California.
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------ --- - - -- -- - - ----- --- ----- ---- ----
President of the Senate
Pro Tem
Speaker of the Assembly
Attest:
Secretary of State
By Chas. J. Hagerty