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1970 Assembly Concurrent Resolution No. 185Assembly Concurrent Resolution No. 185 Adopted in Assembly July 27 , 1970 7,4/yE5 2)K/.5C'dL -------------------------------------- Chief Clerk of the Assembly Adopted in Senate August 7 , 1970 --_ !?'?J !L_ --_ :f_- ~~~~------ Secretary of the Senate This resolution was received by the Secretary of State this i___day OL__ ~~~_-- , 1970 , aL_ ___ cloclc )/ Sd ///11/9 ------------------------------------' , Secretary of State It is hereby certifed: ENT OF That the annexed transcript has been compared with the RECORD on fie my offce , of which it purports to be a copy, and that the same is full , true and correct. 1 3 Dated : -----_u ----_u_-- _U_h -- ---- - - - - h - - - - - - - - - - - - h - ---. '1A- H. P. Sullivan, Secretary of State f:_n Deputy Secretary of State RESOLUTION CHAPTER /z;i Assembly Concurrent Resol dion No. 185-Approving amend- ments to the Charter of the City of Alameda , State of Cali- fornia, ratified by the qualified electors of the city at a spe- cial municipal charter amendment election consolidated with the state direct p1'imary election held therein on the second day of 1970. WHEREAS , Proceedings have been taken and had for the pro- posal , adoption , and ratification of amendments to the Charter of the Oity of Alameda, a municipal corporation in the Oounty of Alameda , State of California , as hereinafter set forth in the eertificate of the mayor and city clerk of the city, as follows: OERTIFICATE OF RATIFICATION BY ELECTORS OF THE OITY OF ALAMEDA OF A OERTAIN OHARTER AJYfENDMENT State of Oalifornia 1 Oounty of Alameda ss. Oity of Alameda \Ve , the undersigned , Terry LaOroix , Jr., Mayor of the Oity of Alameda , and Irma L. Nelson , Oity Olerk of the City of Ala- meda , do hereby certify and declare as follows: That the City of Alameda , a municipal corporation in the County of Alameda , State of California , now is and at all times herein mentioned was a city containing a population of more than three thousand five hundred (3 500), and ever since the 5th day of May, 1937 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 Oonstitution of the State of California , which charter was duly ratified by the qualified electors of said City at an election held for that pur- pose on the 29th day of April , 1937 , and approved by the Leg- islature of the State of Oalifornia by concurrent resolution fied with the Secretary of State on the 5th day of May, 1937 (Statutes of 1937 , page 2880). That in accordance with the provisions of Section 8 of Arti- cle XI of the Constitution of the State of California , the Ooun- cil of the City of Alameda , being' the legislative body thereof on its own motion by Resolution No. 7598 , adopted on March luly and regularly submitted to the qualified electorssaid one proposal to amend the Charter of the Oity of Alameda and to be voted on by said qualified electors at a special municipal charter amendment election by said Reso- lution called for said purpose in said Oity on the 2nd day of June , 1970 , and consolidated with the Primary Election of the State of Oaliornia held on said date. The said proposal was published and advertised , in aecord- ance with the provisions of Section 8 of Article XI of the Constitution of the State of California and in accordance with the provisions of the Charter of the City of Alameda, on the 20th day of April , 1970 , in the Alameda Times-Star , a news- paper of general circulation published daily except Sunday in the said Oity of Alameda and the offcial newspaper of said City, and in each edition thereof during said day of publica- tion. The said Oouncil caused a copy of said proposal to be printed in convenient pamphlet form and in type of not less than ten-point, and caused copies thereof to be mailed to each of the qualified electors of said City, and , beginning on May , 1970 , advertised in said Alameda Times-Star daily, except Sunday, until the day fixcd for said election , a notice that copies of said proposal could be had on application therefor the offce of the Oity Olerk of said and that printed copies of said proposal were on hand and could be had on application therefor at said offce of said Oity Olerk from May 4 , 1970 up to and including the day fixed for said election. The said special municipal charter amendment election of the City of Alameda , consolidated as aforesaid , v;rs duly called , held and conducted in the time , form and manner re- quired by the Oharter of the said City and by law on said 2nd day of June , 1970 , which day was not less than forty (40) and not more than sixty ( days after the completion of said publication and advertisement of said proposal in said Ala- meda Times-Star. That the Council of said City of Alameda did , in the man- ner provided by law , duly and regularly canvass all ballots cast at said special municipal charter amendment election of the City of Alameda , consolidated as aforesaid. and did , by Resolu- tion No. 7644 duly adopted on ,July 7 , 1970 , duly find and de- clare that a majority of the qualified voters voting on said pro- posal voted in favor thereof and that said proposal to amend the Charter of said Oity was said vote 9 209 yes , and 4,147 " That a majority of the qualified voters voting on said pro- posal voted in favor of the ratification of and did ratify said proposal to amend said Charter of said Oity. That said Charter amendment so ratified by the majority of the qualified voters of said City voting at said special munici- pal charter amendment election is in the words and figures following, to-wit: - 5- Charter Measure By adopting new Sections 2-1.1 of Article II , and 3-1.1 of Article III of said Charter , which read as follows: Sec. 2-1.1. Notwithstanding any other provision of this Oharter to the contrary, the matters contained in this Section shall be controlling as to the offce of the Mayor. Oommencing April 20 , 1971 , and thereafter , the Mayor shall be an elective offcer of the City, and shall hold offce for a term of four years , and until his successor is elected or appointed and qualified , unless sooner removed from offce pursuant to Arti- cle XX of this Oharter or otherwise. The method of nomination and election of the Mayor shall be as provided in this Charter for the nomination and election of other elective offcers of the Oity. The offce of Mayor shall be a separate offce and be arranged on a ballot in a separate column and shall be first in order of arrangement. Eligibility for offce of Mayor shall consist of the qualifications set forth in this Oharter for other elective offcers. The provisions of this Charter which provide for the manner of selecting a candidate to fill offce in the event of a tie vote shall apply to the offce of Mayor. A vacancy in the offce of Mayor shall be filled in the manner set forth in Section 2-7 of this Charter. The 1'I'fayor shall receive a monthly compensation of Two Hundred Dollars ($200.00), payable at the time and in the manner as fixed by the Oouncil and shall be in addition to that provided in Sections 2-4 and 4. The intent of this section is hereby declared to be only to make the Mayor an elective offcer of the Oity and to pro- vide the compensation therefor , as set forth herein. Except to the extent they are inconsistent with the provisions of this section , other provisions of this Charter relating to the Mayor shall apply to the Mayor provided for by this section. Sec. 3-1.1. Notwithstanding any other provision of this Oharter to the contrary, this section shall control as to the matters herein contained. Oommencing April 20 , 1971 , the Oouncil shall consist of the Mayor and four Oouncilmen , elected in the manner set forth in Section 2-1 and elsewhere in this Charter. Prom and after such date , all provisions of this Oharter which are inconsistent with the provisions of this section shall be deemed amended or repealed whichever is appropriate. ' , And we , and each of us , further certify that we have com- pared the foregoing proposed and ratified amendments to the Oharter of the City of Alameda with the original proposal submitting the same to the electors of said City und find that the foregoing is a full , true and correct copy of said amend- ments. - 6- The foregoing proposed and ratified amendments to the Charter of the Oity or Alameda is hereby submitted to the Legislature of the State of Oalifornia for approval or rejec-tion as a whole without power of alteration or amendment in accordance with the provisions of Section 8 of Article XI or the Constitution of the State or Oalifornia. As to said amend- ments , this certificate shall be taken as a full and complete certification of the regularity or all proceedings had and done in connection therewith. And we , and eaeh of us , submit as attachments hereto , pur- suant to Section 62 of the Elections Code of Oalifornia , true correct and certified copies of the following: (a) All publications and notices required by Section 8 or Article XI or the Oonstitution or by the laws of the State of Oalirornia in connection with an election to amend a citv charter, all as rererred to hereinabove in this certification. v (b) Any arguments for or against (there being one argu- ment ror and none against) the proposed amendments to a charter which were mailed , as aforesaid , to voters pursuant to Section 5012 or said Elections Oode. (c) An abstract of the vote at the election at which the proposed amendments to said Oharter were approved by the voters. In witness whereof , we have hereunto set our hands and caused the seal of the Oity or Alameda to be affxed hereto this 10th day of July, 1970. ( SEAL) TERRY LACROIX , JR. Mayor of the Oity of Alameda IRMA L. NELSON City Olerk of the City of Alameda and WHEREAS , The proposed amendments to the charter , asadopted and ratified as hereinabove set forth, have been andnow are duly submitted to the Legislature of the State of Oalifornia for approval or rejection , as a whole without power of alteration or amendment. in accordance with Section 3 (a) of Article XI or the Oonstitution of the State of California; now, therefore , be it Resolved by the Assembly of the State of California, the Senate thereof concu1'r1:17g, a majOJ'ity of all the members elected to each h01cse voting therefor and c01lGurring therein That the amendments to the Charter of the Oitv of Alameda. as proposed to , and adopted and ratified by, ihe electors orthe city, as hereinabove fully set forth , are hereby approved as a whole , without alteration or amendment , for and as amendments to , and as part of , the Oharter of the City or Alameda. Attest: III the ol1;oe of the Soo:etary of Stote of the Stote of Colifornia G , N. P. SUllVAN etQry of 04 (J /3( Speaker of the Assembly '/Rr9c/E --- ----------------------------------- P1'esident of the Senate )! S;y j/ /j A ------------------------ -------------- Secretary of State