1996 Alameda City Charter• • •
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Adopted
April 29, 1937
Approved
May 5, 1937
senate Concurrent Resolution No. 75
Amended to March 26, 1996
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C H A R T E R
0 F THE
C I T Y 0 F ALAMEDA
C A L I F O R N I A
* * *
ARTICLE I
Incorporation and Powers
Sec. 1-1. The existing City of Alameda, hereinafter
referred to as the "City,11 · shall continue its corporate existence
under this Charter with the same property rights and the same
boundaries as existing at the time this Charter takes effect, or
as such boundaries may be changed thereafter in the manner
authorized by law.
Sec. 1-2. The City shall have and exercise the
follo~ing 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 1 imitations provided in this chapter. _
(E) To exercise all rights, powers and privileges heretofore
or hereafter granted by the Constitution and general laws
of the state of California.
(F) To act pursuant to procedure esta,l:>lished by general law
unless a different procedure is established by ordinance.
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ARTICLE II
Officers
Sec. 2-1. The following elective officers are
established: The Mayor and four (4) councilmembers, who
constitute the Council; Auditor; Treasurer.
hereby
shall
Sec. 2-1.1. Notwithstanding any other provision of this
Charter to the contrary, the matters contained in this Section
shall be controlling as to the office of the Mayor. Commencing
April 20, 1971, and thereafter, the Mayor shall be an elective
officer of the City, and shall hold office for a term of four
years and until his successor is elected or appointed and
qualified, unless sooner removed from office pursuant to Article
XX of this Charter 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 officers of the
City. The office of Mayor shall be a separate office and be
arranged on a ballot in a separate column and shall be first in
order of arrangement. Eligibility for office of Mayor shall
consist of the qualifications set forth in this Charter for other
elective officers. The provisions of this Charter which provide
for the manner of selecting a candidate to fill off ice in the
event of a tie vote shall apply to the office of Mayor. A
vacancy in the off ice of Mayor shall be filled in the manner set
forth in Section 2-7 of this Charter. The Mayor shall receive a
monthly compensation of Two Hundred Dollars ($200.00), payable at
the time and in the manner as fixed by the Council, and shall be
in addition to that provided in Sections 2-4 and 6-4. The intent
of this section is hereby declared to be only to make the Mayor
an elective officer of the City and to provide 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.
(A)
(B)
Sec. 2-2.
The following off ices are hereby 'established and the
incumbents thereof shall be appointed or removed by a
vote of a majority of the full Counci'l.: City Manager,
City Attorney, City Clerk.
During a period of ninety days immediately tollowing the
date of installation of any person newly elected to the
council at a regular or special municipal election or of
any person newly appointed to the Council, the Council
shall take no action, whether immediate or prospective,
to remove, suspend, request the resignation of, or reduce
the salary of, the incumbents in the aforementioned
appointive off ices.
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Sec. 2-3. The City council shall establish by ordinance
off ices for the administration of departments of the City and the
incumbents thereof shall be appointed by and hold off ice at the
pleasure of the City Manager. Once established those offices may
be changed, deleted or new ones added by vote of a majority of
the Council.
Sec. 2-4. The salary attached to the following offices
shall . be fixed by the council at not le·ss than the following
amounts per annum: Auditor, $3,600.00; Treasurer, $3,600.00;
City Manager, $4 1 000.00; City Attorney, ·$3,000.00; City Clerk,
$2,400.00. Each Councilmember shall receive $50.00 for each
meeting of the Council which he shall attend; provided, that no
Councilmember shall receive such fees for more than two meetings
in any one calendar month.
Sec. 2-5. Every elected officer of the City shall be a
registered voter of the City at the time of filing nomination
papers and for a period of thirty days immediately preceding the
date of filing. Every elected officer and every officer
appointed to a Board or Commission shall be a resident of the
City during his tenure of office. Employees of the City, other
than such officers, shall reside within the City, or within such
distance of the City limits thereof as the Council may by
ordinance prescribe.
Sec. 2-6. The term of each elective officer shall
commence at 8:00 o'clock p.m. on the third Tuesday of the month
following the general municipal election at which such officer
was elected and continue fo~ four years thereafter and until his
or her successor is elected and qualified. The term of each
elective officer holding office as of June 2, 1992 shall be
shortened approximately four to five months to 8:00 o'clock p.m.
of the third Tuesday of the month following the November 3, 1992,
general municipal election and shall be considered a complete
term.
Sec. 2-6.1. Two Councilmembers, exclusive of the Mayor,
shall be elected at every general municipal election. If for any
reason two vacancies do not occur prior to the election, the term
of the person receiving the lowest number of votes for
Councilmember in the · last general municipal election shall
expire.
Sec. 2-7. Every vacancy in an elective office, arising
otherwise than as provided in Article XX, shall be filled as
follows: ·,
' (A) Vacancies caused by the election of a Councilmember to
the off ice of Mayor shall be filled by the candldate not
elected for a contested council seat who received the
highest number of votes, provided said candidate received
votes from at least ten percent (10%) of the total number
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(B)
( C)
of voters.
Vacancies occuring within six (6) months of any election
shall be filled .in the same manner provided by (A).
All other vacancies shall be filled by the Council within
60 days or the compensation paid councilmember pursuant
to Section 2-4 shall be forfeited until the appointment
is made.
(D) In the event that vacancies exist in a majority of the
offices of Councilmember, such vacancies shall be filled
by the two members of the Alameda School Board receiving
the highest number of votes at the last election and the
President of the Board of Library Trustees.
Sec. 2-8. The term of any person appointed to fill a
vacancy in an elective office shall commence upon appointment and
qualification and continue until 8:00 o'clock p.m. on the third
Tuesday of the month following the next General Municipal
Election, at which election a successor shall be elected to serve
for the remainder of the unexpired term.
Sec. 2-9. If any officer of the City who shall remove
from the City or absent himself therefrom for more than thirty
days consecutively without the permission of the Council, or
shall fail to qualify by taking the oath of office and filing his
official bond, whenever such bond is required, within fifteen
days from the time his certificate of election or appointment is
mailed or delivered to him, or shall resign, or be convicted of a
felony, or be adjudged insane, his office shall be vacant.
Sec. 2-10. In the event of a vacancy in the office of
Auditor, Treasurer, City Attorney, or City Clerk, the Council
shall, within twenty-one days thereof, designate someone to
perf orrn the duties of the vacant off ice until such time as a
successor may be appointed. Until a successor is appointed the
City Manager shall provide for the performance of the duties of
the vacant off ice and is authorized hereby to execute documents
required thereof to continue normal operations.
" Sec. 2-11. Any incumbent of any elective Federal, State
or county off ice shall be ineligible to hold any elective off ice
or off ice of member of any board created by this Charter.
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'· Sec. 2-12. The persons occupying the off ice·s set forth
or provi~d-e~d=--~f~o-r--~b~y Sections 2-1, 2-2 and 2-3, their assistants
and deputies and members of all boards provided for in Section
10-1 shall be officers of the City. ·
sec. 2-13. All officers, boards and the certified
Public Accountant appointed pursuant to Subsection 3-7(C) shall
have power to administer oaths and affirmations, to examine
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witnesses and compel their attendance by subpoena in all matters
affecting their respective offices and positions.
Sec. 2-14. No person shall be eligible for the office
held by that person for two complete consecutive terms
immediately prior to the term for which the person seeks election
or appointment. This section shall not apply to the office of
Auditor or Treasurer or prevent persons in office from completing
their terms.
Sec. 2-15. All references to Councilman herein shall
hereby be changed to Councilmember.
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ARTICLE III
City Council
Sec. 3-1. All powers of the City and all powers vested
in city councils (except the powers.reserved to the People or
delegated to other officers or boards by this Charter) shall be
vested in a Council consisting of five councilmembers.
Sec. 3-1.1. Notwithstanding any other provision of this
Charter to the contrary, this section shall control -as to the
matters herein contained. The Council shall consist of the Mayor
and four Councilmembers, elected in the manner set forth in
Section 2-1.1 and elsewhere in thl.s Charter. All provisions of
this Charter which are inconsistent with the provisions of this
section shall be deemed amended or repealed whichever is
appropriate.
Sec. 3-2. The Council may confer upon any board or
officer _p_o_w_e_r_s~-a-nd 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 Councilmembers present at any meeting
regularly held may compel the attendance of absent members in
such manner and subject to such penalties as the Council may have
prescribed by ordinance.
Sec. 3-6. In the event that any councilmember shall,
without being excused by the Council, absent himself from four or
more consecutive regular meetings of the Council extending over a
period of not less than thirty days, his office shall be vacant.
(A)
sec. 3-7. The council shall:
Meet at 8:00 o'clock p.m. on the third Tuesday of the
month next succeeding the month in which the General
Municipal Election is held, and organize by selecting
from its membership, a Vice Mayor of the Council, whose
term shall commence upon selection and continue until the
selection and qualification of the successor · following
the next General Municipal Election.
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(B) Hold regular meetings at least twice in each month as
fixed by ordinance. Its meetings shall be public and
held in the Council Chamber of the City Hall. Special
meetings may be called by the Mayor or three
Councilmembers by serving the Councilmembers personally
with written notices of time and purpose of the meeting
or as required by general law.
(C) Contract and fix the compensation for the services of a
Certified Public Accountant, who shall at least annually
investigate the transactions and audit the accounts of
all officers having the collection, custody or
disbursement of public money, or having the power to
approve, allow or audit demands on the treasury. Said
Auditor shall have free access to all records, books and
papers in all departments of the City. Said Auditor may
at any time visit any of the public offices and make
examinations and investigations therein without
hindrance. Said Auditor must examine the official bonds
of all City officers and employees and investigate the
sufficiency and solvency of the sureties thereon. At the
close of the investigation said Auditor shall file with
the Council a written report containing recommendations.
If during said Auditor's examination and audit it shall
appear that a public offense has been committed, or that
any officer or employee is in default, or that the surety
on any bond is insufficient, said Auditor shall
immediately report to the Council, which shall take
proceedings as are authorized by law.
(D) Provide for annual vacations with pay for all City
employees.
(E) Fix the .amounts and determine the officers and employees
who shall give bonds to the City for the faithful
performance of their duties. 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 off ice and require that
every officer shall, before entering upon the duties of
his office, take and file such oaths w~th the City Clerk.
(G) Establish and abolish offices and positions of employment
and fix the compensation and duties thereof, except as
herein otherwise provided.
(H) Designate the person to perform the duties of City
Manager in the event of his absence or disability.
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(I) Establish on or before July 1, 1938, a retirement,
pension and insurance system for City officers and
employees based on sound actuarial principles, which
system once adopted shall not be amended except by the
vote of five Members of the Council and shall not be
repealed except by the People. Such system shall provid~
for the support thereof by deductions· from the
compensation of officers 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 ordinances and resolutions shall be entered in the journal.
Sec-3-9. No member of the Council shall, during his
term of off ice, be eligible to appointment to any board created
by this Charter.
Sec. 3-10. All acts of the Council imposing penalties,
prescribing public regulations, granting franchises, or providing
for the acquisition, transfer or lease for a period longer than
one year, of real property, shall be by ordinance; provided,
however, that the acquisition of real property, or any interest
therein, may be authorized by resolution when the purchase price
to be paid, together with any obligation imposed on the City in
connection with any such acquisition, does not exceed the sum
provided by the general law for cities requiring competitive
bidding for the purchase of supplies and materials, or when such
acquisition is to be accomplished by condemnation in eminent
domain proceedings, or in connection with public impro~ements
proceedings taken under some law.
No real property of the City shall be leased for a period
in excess of one year or sold, except upon the affirmative vote
of four members of the Council.
The provisions of this section shall not apply to the
acquisition or transfer of real property when, pursuant to
procedure established by ordinance or by any code or general law
of the State of California, such property has been acquired, or
is transferred or acquired in satisfaction, foreclosure or
enforcement of a lien for taxes or special assessments of any
character.
sec. 3-11. The enacting clause of every ordinance
passed by the Council shall be, "Be it Ordained by the Council of
the City of Alameda." Every amendment of an ordinance sball be
germane to the original purpose of such ordinance. Every
ordinance shall _be signed by the officer presiding at the time of
its adoption and attested by the City Clerk. No ordinance shall
be passed by the Council within five days after its introduction,
except as provided in the following section.
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Sec. 3-12. No ordinance shall become effective until
thirty days from and after the date of its final passage, except
an ordinance calling or otherwise relating to an election, or an
ordinance determining the amount of &oney necessary to be raised
by taxation, or fixing the rate of taxes to be levied, or an
ordinance relating to a street improvement proceeding.taken under
some law, or an ordinance relating to public improvements or work
the cost of which, or any portion of which, is to be borne by
special assessment against property ben·efited thereby, or an
ordinance for the immediate preservation of the public peace,
health or safety, which contains a declaration of the facts
constituting its urgency, and is passed by a ·four-fifths vote of
the Council, or an ordinance enacted in the event of qreat
emergency ~r necessity passed by four votes of the Council and
containing a statement of the emergency or necessity. Ordinances
for the immediate preservation of the public peace, health or
safety and ordinances enacted in the event of great emergency or
necessity, when passed as aforesaid, may be introduced and passed
at one and the same meeting and at either a regular or special
meeting. No grant of any franchise, however, shall ever be
construed as an urgency or emergency measure.
Sec. 3-13. No ordinance shall be re-~~acted or amended
by reference to its title only, or without s~~ting forth the
amended or re-enacted sections or sub-sections thereof in full.
Sec. 3-14. Before final adoption of an ordinance, its
title, a digest thereof, a notice showing the date, time and
place of hearing on its final adoption, and notice that three
full copies thereof are available for use and examination by the
public in the off ice of the City Clerk, shall be published once
in the Official Newspaper of the City at least three days before
said hearing date. Notice of the adoption of an emergency
ordinance, its title, and a digest thereof shall be similarly
published once within three days after its adoption.
Sec. 3-15. When the expenditure required for the
purchase of materials or supplies, or for the making of public
work or improvements exceeds the sum of one thousand dollars, the
same shall be done by written contract and let to the responsible
bidder who submits the lowest and best bid, after advertising in
the Official Newspape~ 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. Adv~rtisements for bids
may set forth the general character of the "t(_ork, materials or
supplies and refer for details to specifications on file in the
off ice of the City Clerk. The Council may reject all bids. In
case no bids are received, the council may make such public work
or improvements without contract or purchase such materials or
supplies in the open market. The Council may, by fo~r votes,
either with or without prior advertising, as hereinabove set
forth, determine that in its opinion the public work or
improvements in question will be performed more economically by
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the City without contract, or that the materials or supplies can be
purchased at a lower price in the open market, or that great
necessity or emergency requires immediate action, and thereupon
proceed to make such pubiic work or improvements without contract
and to purchase such materials or supplies in the open market.
Sec. 3-15.1. Anything in Section 3-15 to the contrary
notwithstanding, the bid and contract procedure in said section
specified shall be applicable only when the required expenditure
exceeds the sum provided by the general law for cities for like
expenditures.
Sec. 3-16. A preference of not to exceed five percent
of the lowest bid may be allowed by the Council on all bids for
materials and supplies made by a person who, for more than one year
continuously preceding the making of such bid, had an established
place of business in t_he City manufacturing, processing,
wholesaling or retaining such materials and supplies.
Section 3-17. When entering into any contract for labor
or hiring any labor for public contract work, preference may be
given to contractors, mechanics, artisans or other laborers of any
class, who shall have actually resided in the City for a period of
six months preceding the date of their engagement to perform labor,
quality and price of work being equal.
Section 3-18. The Council shall annually, after
advertising in the manner provided for the purchase of supplies,
award a contract to the responsible bidder who submits the lowest
and best bid for publication of all legal advertising of the City
in a newspaper adjudicated to be a newspaper of general circulation
within the City of Alameda. The newspaper published by the
successful bidder shall be the Official Newspaper of the City. The
Council may reject all bids. In lieu of newspaper advertising the
Council may issue and publish a bulletin 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 City of Alameda.
Section 3-19 repealed.
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ARTICLE IV
Auditor
Sec. 4-1. The Auditor shall have, at the
his/her election, a degree in accounting or
administration and five years accounting experience.
time of
business
Sec. 4-2. The Auditor shall provide for at least annual
audits of the City's financial operations, books and records to
assure that the City's financial transactions, accounts and
records are maintained in accordance with the requirements of the
City Charter, state and federal laws and generally accepted
accounting principles and practices. The Auditor shall be
responsible ~for the acts thereof on an official bond.
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ARTICLE V
Treasurer
Sec. 5-1. The Treasurer shall have had, at the time of
his/her election, five years experience in ad.ministering
investment programs.
Sec. 5-2. The Treasurer shall have custody of all
monies belonging to the City. The Treasurer shall be responsible
for the acts thereof on an official bond.
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ARTICLE VI
Mayor
Sec. 6-1. The Mayor shall be the official and
ceremonial head of the City and shall preside at all meetings of
the Council. He may take command of the Police and Fire
Departments and govern the City by proclamation whenever the
Council determines that public danger or emergency requires such
action .
Sec. 6-2. During
Mayor, the Vice Mayor of the
duties of Mayor, and during
such officers, the remaining
a Mayor Pro-tempore.
the absence or disability of the
Council shall perform the official
the absence or disability of both
members of the Council shall select
Sec. 6-3. Vacancies of the office of Mayor shall be
filled by the Council.
Sec. 6-4. There is hereby appropriated to the use of
the Mayor in the discharge of his office the sum of fifty dollars
each month for which he need furnish no vouchers.
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ARTICLE VII
City Manager
Sec. 7-1. The City Manager shall be the Chief
Administrative Officer of the City and shall be chosen by the
Council on the basis of his executive and administrative
qualifications, with special reference to his actual experience
in or his knowledge of, accepted practice in respect to the
duties of his office as hereinafter outlined.
Sec. 7-2. The City Manager shall have the power and it
shall be his duty:
(A)
(B)
( c)
(D)
( E)
( F)
(G)
(H)
(I)
(J)
To administer and execute policies and undertakings
formulated by the Council.
To enforce all laws and ordinances, except as provided by
Section 6-1, and he is hereby declared to be beneficially
interested in their enforcement and to have power to sue
in proper courts to enforce them.
To appoint, discipline and remove all officers and
employees of the City under his jurisdiction, subject to
Civil Service requirements.
Repealed.
To attend all meetings of the Council unless excused by
the Council or the Mayor.
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.
To conduct such investigations and prepare such
specifications or reports as may be specified
Council.
plans,
by the
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.
To supervise and administer all public parks, golf
courses, recreation areas, wharves, docks •nd other
public properties, utilities and facilities belonging to
the City except as in this Charter otherwise provided.
To appoint technical advisory experts or boards with the
consent of and at such compensation as may be provided by
the council.
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(K) · Repealed.
(L) To prepare and submit a budget as required by this
Charter.
(M) To investigate the conduct and proceedings of any officer
or board of the City when he shall deem the same
necessary, or when so directed by the council.
(N) To devote his entire time to the duties of ·his office.
(O) To formulate ·rules and requlations for officers and
employees under his jurisdiction.
Sec. 7-3. Neither the Council nor any of the members
thereof shall interfere with the execution by the City Manager of
his powers and duties. Except for purposes of inquiry, the
Council and its members shall deal with that portion of the
administrative service for which the City Manager is responsible
solely through him. An attempt by a Councilmember to influence
the City Manager in the making of any appointment or the purchase
of any materials or supplies shall subject such Councilmember to
removal from office for malfeasance.
Sec. 7-4. Those Department Heads holding office
pursuant to Section 2-3 of the Charter 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 have
final authority to affirm, modify or revoke such penalty without
appeal therefrom.
Sections 7-5 through 7-12 repealed.
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ARTICLE VIII
City Attorney
Sec. 8-1. The City Attorney shall have been, at the
time of his appointment, reqularly admitted to practice and
engaged in the practice of law in the State of California for a
period of at least five years next preceding such appointment.
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 ~r elective -officer
having jurisdiction of the matter, prosecute and defend for the
City, and all boards, officers and employees in their official
capacity all proceedings before judicial and quasi-judicial
tribunals. He shall not compromise, settle or dismiss any action
for or against the City without permission of the Council. He
shall not commence any action without permission of the Council
or written instruction of the City Manager. He shall be the
legal advisor of and attorney and counsel for the City and for
all officers and boards thereof, in all matters relating to their
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 which
the City is interested, and shall endorse on each his approval of
the form thereof. He shall, when required by the Council, or any
members thereof, draft proposed City ordinances and amendments
thereto. He shall deliver all books, papers, documents and
property of every description belonging to his off ice or to the
City, to his successor in office.
sec. 8-4. The City Attorney shall appoint, discipline
and remove, subject to Civil Service requirements, all
assistants, deputies and employees under his authority. All
assistants and deputies must be duly admitted to practice law in
the State of California.
sec. 8-5. The Council, or any board with the consent of
the Council, may empower the City Attorney, at his request, to
employ special legal counsel. ,
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(A)
(B)
ARTICLE IX
City Clerk
Sec. 9-1. It shall be the duty of the City Clerk:
To perform
where not
ordinances
the duties
all duties imposed upon him by general
inconsistent with this Charter or
of the City and to devote his entire time
of his office.
law
the
to
To act as Clerk of
public record of
separate, properly
he shall record all
the City council and keep an accurate
the proceedings thereof, and also
indexed books in which, respectively,
ordinances and resolutions.
(C) To have custody of the Official Seal, deeds, leases,
contracts and all records of the Council and such other
official records as may be committed to his care.
(D) To take affidavits and administer oaths, without charge,
in all matters affecting the business of the City.
(E ) To appoint, discipline and remove, subject to Civil
Service requirements, all employees and d•puties in his
off ice, subject as to all deputies, to the approval of
the Council.
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ARTICLE X
Boards
Sec. 10-1. The following Boa~ds are .hereby ~stablished:
Public Utilities Board; Civil Service Board; City
Planning Board; Social Service Human Relations Board; Library
Board; Historical Advisory Board.
Sec. 10-2. Each of said Boards, except the Public
Utilities Board, Social Service Human Relations Board and the
City Planning 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 four years, and thereafter until .the successor
of such member is appointed and qualified.
Sec. 10-3. The Public Utilities Board shall consist of
five members, one of whom shall be the City Manager, who shall
have full power of participating and voting. Upon nomination of
the Mayor, the council shall appoint, between May l and July 1 of
each year, one member of said Board for a term commencing on the
first day of July following such appointment and continuing for
four years and thereafter until the successor of such member is
appointed and qualified.
Sec. 10-4. The Social Service Human Relations Board
shall consist of seven members. Upon nomination of the Mayor, the
council ~hall appoint, between May l and July l of each year, at
least two members of such Board for terms commencing on the first
day of July following such appointment and continuing for four
years and thereafter until the successor of such member is
appointed and qualified.
Sec. 10-4.1. The City Planning Board shall consist of
seven members. Upon nomination of the Mayor, the Council shall
appoint, between May l and July l of each year, such members as
are necessary to maintain a full board, for terms commencing on
the first day of July following such appointment and continuing
for four years and thereafter until the successor of such member
is appointed and qualified; provided, however, that no more than
two terms shall expire in any year other than by resignation of a
member.
Sec. 10-5. A vacancy in the office of a member of any
board shall be f 1lled for the unexpired term by a nomination and
appointment in the manner herein~bove set forth. '
sec. 10-6. All members of such boards shall, at the
time of their appointment and continuously during their
incumbency, be electors of the City.
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Sec. 10-7. Each person appointed to membership of any
of said boards shall be particularly qualified to discharge the
functions of his office and, to that end:
One member of the Public Utilities Board shall be an
electrical, civil, mining or mechanical engineer.
Sec. 10-8. The members of such boards shall receive no
comp~nsation.
Sec. 10-9. A member of any such board may be removed by
the vote of a majority of the Council.
Sec. 10-10. At its first meeting after Jul; l of each
year, each such board shall elect a President, a Vice President,
and such other officers as it may desire.
Sec. 10-11. Each of said boards shall have the power to
establish rules for its proceedings.
Sec. 10-12. No position of employment with any right of
compensation attached thereto shall be established under the
jurisdiction of any said boards, except the Board of Education,
the Public Utilities Board and the Library Board, except by
action of the council.
Sec. 10-13. The votes of a majority of the entire
membership of a board shall be necessary for action thereof.
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ARTICLE XI
Board of Education
Sec. 11-1. The Board of Education shall control and
manage the public schools in the City in accordance with the
Constitution and general law of the State of California and is
hereby vested with all the powers and charged with all the duties
provided by this Charter and by general law for governing boards
of city school districts.
Sec. 11-2. Notwithstanding any other provisions of this
Charter to the contrary, the matters contained in this section
shall be controlling as to the Board of Education. The Board of
Education shall consist of five members elected by the qualified
electors of the City at large, at the time, in the manner, and
with the qualifications provided elsewhere in this Charter for
the qualification, nomination and election of other elective
officers of the City, and shall serve a term of four years
thereafter and until their · successors are elected and qualified.
At such general municipal election hereunder, either two
or three members of said Board, as the case may be, shall be
elected for four-year terms to fill the vacancies caused by the
expiration of the terms of the members.
The term of each officer elected hereunder shall commence
at 7:30 o'Clock p.m. on the fourth Tuesday of the month
following the general municipal election at which such officer
was elected and continue for four years thereafter and until his
or her successor is elected and qualified. The term of each
elective officer holding office as of June 2, 1992, shall be
shortened approximately four to five months to 7:30 o'clock p.m.
of the fourth Tuesday of the month following the November 3, 1992
general municipal election and shall be considered a complete
term.
A vacancy on the Board of Education, arising otherwise
than as provided in Article XX, shall be filled by appointment by
said Board, said appointee to hold office for the term provided
in Section 2-s of this Charter. After any such vacancy in the
off ice of a member of said Board has continued for twenty-one
days, the vacancy shall be filled by the Council ~
' ' It is hereby declared to be the intent of 'this section
that the only changes to be effective by its terms a~e to make
the Board .of Education elective, rather than appointed; and to
provide the manner in which the members thereof shall be elected.
Except to the extent that they are inconsistent with the
provisions of this section, other provisions of this Charter
relating to the Board of Education and other elective officers
shall apply to the Board of Education provided for by this
section.
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ARTICLE XII
Public Utilities Board
Sec. 12-1. The Public Utilities Board ·shall ·have the
power:
(A) To control and manage all public utilities owned by the
City used for the purpose of generating, distributing or
selling gas or electricity or for the purpose of
furnishing transportation. ·
(B) To 'control and manage any City-owned public utility, the
control and management of which shall have been delegated
to the Board by the council or 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 ten 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 publicize 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
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exceeding the sum of three thousand dollars.
(B) To make any original construction of and any improvement
to any utility under the control and management of the
Board, and to do and perform any work for the City or any
board thereof at cost; provided, however, .:if the -.Board
shall elect to make any such original construction of or
improvement to any such utility by contract, then the
same shall be done subject to the provisions of Sections
3-15 and 3-16, the Board exercising the powers conferred
upon the Council in said sections.
(C) To fix rates for the services of all utilities under its
control and 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, monies for capital investment. Money borrowed
pursuant to this subsection shall provide that the same
may be repaid at any time and shall be repaid within
thirty 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 control
and management in the manner prescribed by the California
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 storeroom and storeroom 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
subsection.
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(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 at the beginning of such fiscal year, as a reserve for
contingencies, replacements, renewals, additions and
improvements; provided, however, that when the amount of Working
Capital {Current Accrued Assets less current Accrued Liabilities)
at the end of such fiscal year shall be equivalent to or in
excess of twenty-five percent of the Fixed Capital in Service as
of the same date if an amount equal to five percent of Fixed
Capital in Service at the beginning of 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 earnings of such utilities for the fiscal year in
excess of said payments and retainments shall be transferred by
the Board to the General Fund of the City, unless the Council
prior to the end of the fiscal year shall authorize the Board to
retain for said reserves a larger percentage than above set
forth. For the purpose of carrying out the provisions of this
section the Board prior to the first day of each fiscal year
shall make an estimate of the amount to be earned in the fiscal
year in excess of said payments and retainments and said excess
amount as estimated shall be transferred to the General Fund of
the City quarterly or as mutually agreed upon between the Board
and the Council. Any balance of such excess amount for the
fiscal year shall be transferred by the Board to the General Fund
of the City on or before the first day of August next succeeding
the end of said fiscal year.
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ARTICLE XIII
Civil Service Board
Sec. 13-1. The Civil Service Board is responsible to
the City Council for establishing and reviewing the policies of
the Civil Service System and for making recommendations thereon.
Sec. 13-2. A Civil Service System shall be established
by o~dinance and shall not be amended, except by vote of five (S)
members of the Council and shall not be repealed, except by the
People. No position of employment once placed under the Civil
Service System, shall be removed therefrom, except pursuant to
such Civil Service Ordinance.
Sec. 13-3. The Civil Service Board will have the
authority and power to conduct hearings and hear appeals on
matters affecting the Civil Service System as set forth herein or
by ordinance.
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ARTICLE XIV
City Planning Board
Sec. .14-1. The City Planning Board shall have such
powers and duties as may be delegated by City ordinance. It
shall have power to investigate and recommend plans for the
future development, improvement and beautification of the City,
including landscaping, planting and care of -trees on public
streets, parks and playgrounds, the improvement and development
of harbor facilities, the location and improveme : ~ of public
buildings and works and the subdivision and zoning ~ land.
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ARTICLE XV
Social Service Human Relations Board
Sec. 15-1. ~he Social Service Human Relations Board
shall have the power:
(A) To assess the social service needs of the community and
to facilitate provisions therefor.
(B) such other duties and powers as may be delegated by
ordinance.
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ARTICLE XVI
Library Board
Sec. 16-1. The Library Board shall have the power:
(A) To control and manage the Public Library System of the
City.
(B) To expend for library purposes all monies in the Library
Fund, which fund is hereby created ..
(C) To make and enforce rules and requlations necessary for
the administration, qovernment and protection of the
Library System and all property thereof.
(D) To ~purchase necessary books, journals, publications and
other personal property.
(E) To borrow books from, rent books to and exchange the same
with other libraries, and to extend library privileges to
non-residents upon such conditions as the Board may
prescribe.
Sec. 16-2. On or before the second Monday in May of
each year, the Library Board shall submit to the Council an
itemized budget of the amount of money necessary for the
administration of the Library System of the City during the next
ensuing fiscal year. To the extent of seven cents on each one
hundred dollars of assessed valuation, the council shall, and as
to any excess thereover set forth in such estimate the Council
may, include in the next succeeding tax levy and apportion to the
Library Fund as received monies for the purposes set forth in
such budget.
Sec. 16-3. "All fines and other money arising out of the
administration of the Public Library system of the City or qifts
or trusts therefor shall be deposited in the Library Fund.
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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. Repealed.
Sec. 17-3. The
Council a detailed budget
expenditures of the City
ensuing fiscal year at such
City Manager shall transmit to the
showing the estimated revenues and
and all departments thereof for the
times as the Council shall require.
Sec. 17-4. All property shall be assessed and taxes
thereon collected as provided for by general law.
Sec. 17-5. Repealed.
Sec. 17-6. Repealed
Sec. 17-7. Repealed.
Sec. 17-8. All monies received by any officer or
employee of the City in his official capacity or belonging to the
City, and all monies directed by general law or by this Charter
to be paid or deposited in the City Treasury shall be paid into
the treasury daily by the officer or employee receiving the same.
Sec. 17-9. All charges, fees, commissions and
percentages collected or received by any officer or employee of
the City in the performance of any official duty as such officer
or employee, or in the performance of the duties of any office
held ex-officio, shall be the property of the City.
Sec. 17-10. The Mayor, Auditor, and City Manager shall,
together, count the money in the City Treasury at least once in
every three months and ascertain the amount of money on hand and
make a written report thereof to the Council within five days
thereafter showing whether the money in the City Treasury
corresponds to the amount shown by the fiscal record of the City.
Sec. 17-11. A Police Secret Fund in such amount as the
Council may from time to time appropriate is hereby established
under the sole control of the City Manager. It shall be
withdrawable by him without reference to the auditing provisions
of this Charter. Such fund shall be expended by the City Manager
and the Chief of Police under the direction of the City Manager
for investigation and police work of a secret character and for
no other purpose. Semi-annually and at such other tim~s as the
Council may require, the City Manager shall file with the council
his affidavit and the affidavit of the Chief of Police that all
monies expended out of the fund have been used for the purpose
hereinabove set forth.
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Sec. 17-12. Repealed.
Sec. 17-13. Repealed.
Sec. 17-14. No contract required to be in writing and
imposing any financial obligation upon the City shall be binding
or of any force unless there remains an unexpended and unapplied
balance of the appropriation or fund applicable thereto
sufficient to pay and fully discharge the City's obligation under
such contract as certified by the Board or Officer making the
same. Said unexpended and unapplied balance shall be used for no
other purpose except the payment and discharge of the respective
contracts.
Sec. 17-15. No demand shall be approved unless it is
made upon appropriations authorized therefor and there are
sufficient monies otherwise unappropriated in the fund against
which the payment of the demand is made.
Sec. 17-16. All monies received shall be posted to the
fund for which their appropriation has been authorized.
Sec. 17-17. No additional financial burdens may be
imposed on the taxpayers of the City as a result of binding fact
finding, arbitration or parity without approval of the voters as
set forth in this section. Any other provision of this Charter
notwithstanding, no wages, benefits or employee related expenses
shall be paid by the City that have not been approved by a
resolution of the City Council until additional revenues and
appropriations therefor have been approved by a vote of the
People pursuant to Proposition 13 (Cal.Const .. Art.XIIIA,Sec.4) and
Proposition 4 (Cal.Const.Art.XIIIB,Sec.4). The City Council
shall not be required to call such an election more than once a
year and may consolidate said elections with elections held for
other purposes.
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ARTICLE XVIII
Franchises
Sec. 18-1. Franchises may be "granted tor the use of any
public utility of the streets, public places or property of the
city upon such terms, conditions, restrictions and limitations as
may be prescribed by ordinance, but no franchise shall be granted
without reserving to the City adequate compensation for the
privilege conferred; nor for a longer period than twenty years
unless there be reserved to the ·City the right to take over at
any time the portion of such utility located within the City
without compensation for the value of the franchise granted.
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ARTICLE XIX
Municipal Elections .
,sec. 19-1. Municipal Elections held in the
Alameda shall be classified as of two kinds: fA)
Municipal Elections; (B) Special Municipal Elections.
City of
General
Sec. 19-2. A general municipal election shall be held
biennially on the date of and consolidated with the statewide
general election in each even-numbered year. 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 the Elections Code and the
Constitution of the State of California relating to the
qualifications of electors and voters shall govern in all
municipal elections. Except as otherwise provided in this
Charter or in any ordinance enacted by the affirmative vote of
four members of the Council, the provisions and procedure
provided in the Elections Code and the general law of the State
of California, now in effect and as hereafter amended or
codified, for elections in chartered cities and municipalities
generally, and in all respects not so provided, then the present
and future provisions of said code or laws governing County
elections generally, insofar as they may be applicable, shall
govern all elections in this City. The Council and , the City
Clerk, respectively, shall exercise the powers and perform the
duties conferred or imposed by law on Boards of Supervisors and
County Clerks, respectively, concerning elections.
For the purpose of this article, all seats or
on the Council shall be considered as a single office
as many persons are to be selected as there are
unexpired terms to be filled.
positions
for which
full and
No election, either general or special, shall be set
aside for any error, irregularity or defect in the proceedings
leading up to said election or in said election when the
provisions of law governing the same are substantially complied
with and where a fair expression of the will of the electorate is
secured.
Sections 19-4 through 19-11 repealed.
Sec. 19-12. In case there is but one person to be
elected to an office, the candidate receiving the highest number
of votes cast for that office shall be declared elected.
In case there are two or more persons to be elected to
the same off ice, then those candidates, equal in number to the
number to be elected, who receive the highest number of votes
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cast for such office, shall be declared elected. Where full and
one or more . unexpired terms to the same office are to be filled,
the candidates,. equal in number to the number of officers to be
elected for the full term, who receive the highest number of
votes cast for such off ice, shall be declared -elected for the
full term; and the candidate who receives, or the candidates
equal in number to the number of officers to be elected for
unexpired terms who receive the next highest number of votes,
shall be declared elected for the unexpired term or terms. If
unexp.ired terms be of diff.erent duration, ·the ·candidate who
receives the highest number of votes shall be declared elected
for the longer term.
Sec. 19-13. In case of a tie vote, the City Council
shall forthwith summon the candidates who have received such tie
votes to appear before the Council at a time and place to be
designated, and the Council shall at such time and place
determine the tie vote by lot. Such summons shall, in every
case, 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.
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ARTICLE XX
Recall
Sec. 20-1. The holder of any elective office of this
City may be recalled from office at any time by the ,qualified
electors thereof, provided he has held his office for at least
six months. The provisions of this article are intended to apply
to officials now in office, as well as to those hereafter
elected.
Sec. 20-2. The provisions of the Elections Code and the
Constitution of the State of California relating to the recall of
elected officials shall govern the recall of all officials
elected purauant to this Charter. Except as otherwise provided
in this Charter or in any ordinance enacted by the affirmative
vote of four members of the Council, the provisions and
procedures provided in the Elections Code and the general law of
the State of California, now in effect and as hereafter amended
or codified, for recall elections in chartered cities and
municipalities generally, and in all respects not so provided,
then the present and future provisions of said codes or laws
governing County recall elections generally, insofar as they may
be applicable, shall govern all recall elections in this City.
The Council and the City Clerk, respectively, shall exercise the
powers and perform the duties conferred or imposed by law on
Boards of Supervisors and County Clerks, respectively, concerning
recall elections.
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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 .
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ARTICLE XXII
Miscellaneous
Sec. 22-1. No officer or ·employee of the City shall:
(A) Become financially interested, except by testate or
intestate succession, either directly or indirectly, in
any contract or sale, purchase, lease or transfer of real
or personal property to which the City is a party, or be
employed by any public service corporation requlated by
or holding franchises in the City. No officer or
employee shall be deemed to be financially interested by
the ownership of less than five percent of the
outstanding capital stock of a corporation.
(B) Give, accept or promise anything of value for the purpose
of procuring a nomination, appointment, election or
employment.
(C) Knowingly mislead any bidder by giving or withholding
information.
A willful violation of any of the foregoing provisions
shall constitute misconduct.
Sec . 22-2. Any contract or sale, purchase, lease or
transfer of real or personal property to which the City is a
party and in which any officer or employee of the City is
financially interested, directly or indirectly, except as
prov ided in Section 22-l(A), shall be voidable at the election of
the Council.
Sec. 22-3. Every officer or employee who shall approve,
allow or pay any demand on the treasury, knowing that the same is
not authorized and legally due, shall be liable to the City
individually, and on his official bond for the amount of the
demand so illegally approved, allowed or paid.
sec. 22-4. Any person convicted of a felony or
misconduct in off ice shall forfeit his office or position of
employment. No person who shall have been convicted of a felony
or misconduct in off ice shall ever hold any office or position of
employment in the service of the City. ·
sec. 22-s. All books, files and records of the City and
of all boards and officers thereof shall be open to public
inspection during usual business hours, unless secrecy of the
contents of such books, files and records is necessary in the
public interest.
Sec. 22-6. Repealed.
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Sec. 22-7. Traveling expenses shall not exceed actual
cost of transportation, plus a reasonable per diem allowance, the
latter to be fixed annually by the council uniformly for all
officers and employees. Traveling expenses, except for routine
duties, shall be allowed only if authorized by the Council.
Sec. 22-s. All public offices, except where otherwise
provided by law, shall be open for business every day, except
holidays, from 9:00 A.M. to S:OO P.M., subject to the power of
the Council to increase such hours for the --necessary
accommodation of the public.
Sec. 22-9. The compensation of elective officers of the
City shall not be increased or decreased during their respective
terms of off ice. This section shall not prohibit the increase or
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."
Sec. 22-12. Notwithstanding any other provisions of
this Charter to the contrary, the public parks of the City shall
not be sold or otherwise alienated except pursuant to the
affirmative votes of the majority of the electors voting on such
a proposition; except that the City Council may (a) lease or
grant concessions or privileges in public parks or any portion
thereof or building or structure situated therein, or (b) grant
permits, licenses or easements for street, utility or any other
purposes in public parks or any portion thereof or building or
structure situated therein or (c) sell or dispose of public parks
or any portion thereof if, after a public hearing or hearings in
each case, the City Council determines that another new public
park has been or will be designated by the City Council for
public park purposes and opened to the public for public park
purposes. The City Council shall determine that said "new public
park" is of comparable size and utility and serves the same
service area with substantially the same amenities and
improvements. As us!!d herein "public parks" means any and all
lands of the City which have been or will be designated by City
Council for public park purposes and/or recreational uses and
opened to the public for public park purposes and/or recreational
uses. "Public parks" also includes the Alameda Golf Ce>mplex.
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ARTICLE XXIII
Schedule
Sec. 23-1. This Charter shall take effect on July l,
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, 1 subject to repeal and amendment.
Sec. 23-3. All officers and employees of the City at
the time this Charter takes effect shall continue in off ice for
the remainder of their respective terms (if fixed) or until
removed as herein provided (if for an indefinite term), subject
to all the provisions of this Charter.
Sec. 23-4. All members of the Board of Public Utilities
Commissioners elected in the year 1934 for four-year terms shall
hold office until June 30, 1939, and all members of said Board
elected in the year 1936 shall hold office until June 30, 1941.
Of the vacancies occurring June 30, 1939, one shall be succeeded
to by the City Manager, one shall be filled by appointment for a
term of four years and one by appointment for a te~~ of one year,
and the vacancies occurring June 30, 1941, shall L~ filled, one
by appointment for a term of four years, and one by appointment
for a term of one year.
Upon taking effect of this Charter, the City Manager
shall become ex-officio a member of the Public Utilities Board
""1ith full participa·ting 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 office for the
remainder 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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ARTICLE XXIV
Repealed.
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ARTICLE XXV
Urban Renewal
Sec. 25-1. Urban Renewal, area redevelopment
to Federal or State aid shall not be adopted in the
Alameda without a vote of the People.
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pursuant
City of
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ARTICLE XXVI
Multiple Dwelling Units
Sec. 26-1. There shall be no multiple dwelling units
built in the City of Alameda.
Sec. 26-2. Exception being the Alameda Housing
Authority replacement of existing low cost housing units and
the proposed Senior Citizens low cost housing complex, pursuant
to Article .XXV of the Charter of the City of Alameda.
Sec. 26-3. The maximum density for any residential
development within the City of Alameda shall be one housing
unit per 2,000 square feet of land. This limitation shall not
apply to the repair or replacement of existing residential
units, whether single-family or multiple-unit, which are
damaged or destroyed by fire or other disaster; provided that
the total number of residential units on any lot may not be
increased. This limitation also shall not apply to replacement
units under Section 26-2.
-41-
ARTICLE XXVII
Compulsory Arbitration for Fire Department Employee Disputes
Sec. 27-1. Declaration of Policy. It is hereby
declared to be the policy of the City of Alameda that strikes by
fire fighters are not in the public interest and are prohibited,
and that a method should be adopted for peacefully and equitably
resolving disputes that might otherwise lead to such strike.
Sec. 27-2. Prohibition Against strikes. If any fire
fighter employed by the City of Alameda willfully engages in a
strike against the City, said employee shall be dismissed from
his or her employment and may not be reinstated or returned to
City employment. No officer, board, council or commission shall
have the power to grant amnesty to any employee charged with
engaging in a strike against the City.
Sec. 27-3. Definitions:
(A) "Financial benefits" shall mean monthly base salaries;
all supplementary cash entitlements paid directly to
employees; and health insurance, retirement, vacation,
holiday and sick leave benefits.
(B) "Employee Organizations"
organization representing
Assistant Chief.
shall mean any
employees below the
employee
rank of
Sec. 27-4. Obligation to Negotiate in Good Faith. The
City, through its duly authorized representatives, shall
negotiate in good faith with the recognized fire department
employee organization on all matters related to financial
benefits.
Sec. 27-5. Impasse Resolution Procedures. All disputes
or controversies pertaining to financial benefits only, which
remain unresolved after good faith negotiations between the City
and the fire department employee organization shall be submitted
to an arbitration upon the declaration of an impasse by the City
or by the recognized fire department employee organization.
Sec. 27-6. Procedure. Any arbitration convened
pursuant to this article shall be conducted in conformance with,
subject, and governed by Title 9 of Part 3 of the California Code
of Civil Procedure except that either party may elect to use
three (3) arbitrators, one picked by each party and one neutral
arbitrator.
sec. 27-7. Costs. The costs of the neutral arbitrator
and court reporter shall be borne equally by the parties. All
other expenses which the parties incur individually, including
but not limited to witnesses, subpoenas, attorneys' fees and
-42-
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travel expenses therefor, shall be borne by the party incurring
such expenses.
Sec. 27-8. Enforcement. Enforcement of arbitration
awards hereunder shall ·be consistent with Section 17-17 of this
Charter.
-43-
--
ARTICLE XXVIII
Historical Advisory Board
Sec. 28-1. BOARD CREATED --PURPOSE. ·In order to
encourage broad community part1c1pat1on in the history of
Alameda, and preserve and protect structures, sites and areas of
historical significance in the City, there is hereby created the
Alameda Historical Advisory Board, hereinafter referred to as the
Board, which shall be appointed and organized, and shall have
responsibilities, as hereinafter set forth.
Sec. 28-2. POWERS .AND DUTIES. The purposes, powers,
procedures and duties of the Board shall be those set forth in
Chapter 9 of Title X of the Alameda Municipal Code.
Sec. 28-3. ESTABLISHMENT AND COMPOSITION: There is
hereby established an Historical Advisory Board composed of five
(5) members, appointed by the Alameda City Council and serving
without pay. The members shall have demonstrated an interest in
the history, heritage and architecture of the City of Alameda and
shall be residents of the City.
Sec. 28-4. TERMS OF OFFICE: Members shall serve for a
term of four (4) years and may be reappointed for a second term
of office. Terms shall be staggered so that the number of terms
expiring any year shall not differ more than one from the number
of terms expiring in any other year. Members shall serve until
their successors are appointed. current members of the
Commission shall have their terms decided by lot and their
present terms shall not be considered.
Sec. 28-5. VACANCY AND REMOVALS: Vacancies which may ------occur on the Board shall be f 1lled by appointment of a new member
by the City Council for the duration of an unexpired term of
office. A person may be removed, by the City Council, for
termination of residency, malfeasance or moral turpitude.
Sec. 28-6. ORGANIZATION: The Board shall hold regular
meetings on the first Thursday of each month in the City Council
Chambers, unless proper notification is given for a change of
location or time. ·
(A)
.,
The Board shall elect a Chairperson
Vice-Chairperson from their membership. Each
shall be for one (1) year. However, an office
may be returned to office. "Robert's Rules of
shall be used in the conduct of ·all meettngs.
and a
off ice
holder
Order"
(B) Three (3) members shall constitute a quorum and a
decision of the Board shall be determined by a majority
vote of those members present at the meeting.
-44-
ii
ii
II
ii
11
!I
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11
• (C) A public record shall be kept by the Board . of its
resolutions, motions and actions. The City Manager
shall provide such technical, administrative and
clerical assistance as may be required.
Sec. 28-7. FEES: All fines, ~ees and other monies
arising out of the administration of the Historical Advisory
Board of the City, or gifts or trusts therefor shall be
deposited in the Historical Advisory Board Fund. The schedule
of fines and fees shall be adopted by the City Council.
Expenditures from the fund shall be approved by the Council.
-45-
INDEX
Secticm
-A-
ADVERTISING
Bids, Calling for .•..•.....••.•••
Bulletin in Lieu of ...•••.••..••.
Official Newspaper, Council
to designate ...•..•.•.•....••••
Publication of ordinances ....••••
Public Utilities Board ..••.•• ~ .•.
3-15
3.-18
3-18
3-14
12-2(B)
AUDITOR
BIDS
Counting money in treasury .••••••
Duties .......••.•..•..••..••..•••
Elected ......•........••.....•••.
Qualifications ................•..
!:?alary ......•.•...•.••••••...••••
Term •..••••••••••••••••••••••••••
Vacancy, deputy to fill ..•.......
-B-
Expenditures over $1,000 ........ .
Misleading bidders .............•.
Official Newspaper ............••.
Alameda place of bus., preference
17-10
4-2
2-1
4-1
2-4
2-14
2-10
3-15
22-l(C)
3-18
3-16
BOARD OF EDUCATION
See Boards
Appointments ..................•..
Established ..•...............•• j.
General law applicable ....••.....
Powers and duties ...•.........•..
Terms of office ...........••.•...
BOARDS
Actio:. vote required ....•.....•.
Board of Education, membership .••
Board of Education, powers
11-2
11-1
11-1
11-1
11-2
10-13
11-2
and duties ..................... 11-1
City Attorney legal advisor...... 8-2
city Planning Board,
membership .•.••••.••••••••••••• 10-4.l
City Planning Board, powers
and duties .••••••.••••••• : ••••• 14-1
civil Service Board, membership •• 10-2
civil Service Board, powers
and duties .....•......••••...•. 13-1
compensation for positions
under ••••••••••••••••••••••••••
Compensation for members ........ .
councilmembers as members .•......
Establishment of ...............•.
10-12
10-8
3-9
10-1
10
11
11
10
22
29
12
3
12
4
6
5
10
36
11
11
21
21
21
21
21
20
21
21
17
19
26
19
25
20
20
9
19
' I
I
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I
BOARDS, con't.
BONDS
Gifts, power to accept ..••.••••..
Historical Advisory Board,
membership ..••••••••........•..
Historical Advisory Board,
powers and duties .•••.•...•••••
Library, Board, membership ..••...
Library Board, powers and
duties ........................ .
Members, must be electors ....... .
Members, qualifications .•....•••.
Members, as officers of City .••••
Oaths, power to administer .••••••
Officers, selection ..•....•••••.•
Powers, may be conferred
by Council .................... .
Public Utilities Board,
membership .................... .
Public Utilities Board,
powers and duties ............. .
Removal of members .............. .
Rules, establishing ............. .
Social Service Board,
membership .................... .
Social Service Board,
powers and duties ............. .
Successor boards ................ .
Vacancy, appointment ............ .
Certified Public Accountant
to examine .................... .
City Attorney to approve ........ .
Council to fix ...........••......
Official, failure to file ....... .
Premiums paid by City ...•........
Unauthorized payments,
Section
22-10
28-3
28-2
10-2
16-1
10-6
10-7
2-12
2-13
10-10
3-2
10-3
12-1
10-9
10-11
10-4
15-1
23-5
11-2
3-7 (C)
8-3
3-7 ( E)
2-9
3-7(E)
liability on ....•.......•.••.•. 22-3
BOUNDARIES OF CITY .....•.....••...••.•
BUDGET
See Finance and Taxation
-c-
CERTIFIED PUBLIC ACCOUNTANT
Compensation .•••••.••••••••••••••
Duties .......................... .
Power to administer oaths ••••••.•
Public Utilities Board reports ..•
CHARTER
1-1
3-7(C)
3-7 (C)
2-13
12-4(B)
Effective date ..•...•...•...•.... 23-1
37
44
44
19
·28
19
20
5
5
20
7
19
22
20
20
19
27
38
21
8
17
8
5
8
36
2
8
8
5
23
38
CHIEF OF FIRE DEPARTMENT
See Fire Department
Appointment and Removal ..•....••.
CHIEF OF POLICE
See Police Department
Appointment and Removal .•••••..••
Legal process, execution .•••••.••
CITY ATTORNEY
Appointment and Removal ..••...•••
Bonds,~approval ..•.•..••.•••••.•.
Compensation ...••••..•••.•••••.••
Contracts, approval ............. .
Deputies and employees .......... .
Dep~ty to fill vacancy .......... .
Duties ...........••.....•••••••.••
Legal advisor for City .........•.
Ordinances, drafting .....•....•..
Qualifications ........•........•.
Special legal counsel ....•.......
CITY CLERK
Appointment and Removal ......... .
Compensation .................... .
Custody of contracts, etc ....... .
Deputies and employees .......... .
Deputy to fill vacancy .......... .
Duties ........................... .
oaths, administering ............ .
Ordinances, attesting ....•..•..•.
Records of City, keeping ..•.••••.
CITY ENGINEER
Appointment and Removal .••.......
CITY MANAGER
Absence or disability of ....•..••
Appointment ...••••••.....••.•..••
Boards, investigating
proceedings ..••.••••••.••••••••
Budget, preparation .•.••••.••••••
Budget, submitting ..••.•.••••••••
Chief Administrative Officer .•••.
Chief of Fire Department,
appointment ..•.••••••••••••••••
Chief of Police, appointment .•••.
City Engineer, appointment .••••••
city Physician, appointment ..•...
City Planning Director,
appointment ..•.•••.••..•••••..•
Contracts, enforcement ...•.....•.
council meetings, attendance ...•.
counting money in treasury .•.•...
Section
2-3
2-3,7-4
2-13
2-2
8-3
2-4
8-3
8-4
2-10
8-2
8-2
8-3
8-1
8-5
2-2
2-4
9-l(C)
9-l(E)
2-10
9-1
9-1(0)
3-11
9-l(C)
2-3
3-7(H)
2-2
7-2(M)
7-2(L)
17-3
7-1
2-3
2-3,7-2(C)
2-3
2-3
2-3
7-2(H)
7-2. (E)
17-10
4
4,16
5
3
17
4
17
17
5
17
17
17
17
17
3
4
18
18
5
18
18
9
18
4
8
3
16
16
29
15
4
4, 1~
4
4
4
15
15
29
I
I
I
I
CITY MANAGER, con't.
Employees, rules for ....•.......•
Franchises, performance ..•••.•••• ·
Full time, devoting~ •••••.••••..•
Golf Courses, supervision .•••••••
Health Officer, appointment .•.•..
Influencing or interfering with .•
Officers and employees,
supervision ....•...•.•.••....•.
Parks, supervision ......••.......
Police Secret Fund ........••••...
Policies, recommending to
Council ........................ .
Powers and duties ..•. ~ ••••••••••.
Public property, supervision .....
Public Utilities Board,
member ..........•.•...••.•.••••
Qualifications ........•...•...•••
Rernova 1 ............•••••....••••••
Salary .......................... .
Street Superintendent,
appointment ..... · .............. .
Technical advisory experts ...... .
CITY PHYSICIAN
Appointment and Removal ......... .
CITY PLANNING BOARD
See Boards
Appointments ....••.... ~ .....•....
Established ....••..•.....••.••••.
Membership, terms ............... .
Powers and duties ..•....••...••••
Terms ........................... .
CITY PLANNING DIRECTOR
Appointment .•..•...•••.•..•.•••.•
CIVIL SERVICE BOARD
See Boards
Appeals to ...................... .
Appointments .................... .
Civil Service System,
administering .•..•••.•.•••.••..
Established .....•...•..•.•.....••
Membership, terms ...••...•...•••.
Powers .......•..••••••••••. ; •••.•
Terms ...................••....•..
CIVIL SERVICE SYSTEM
Administration ...•.•.•..•••••.••.
council to adopt .•...•..•..•.•...
CLAIMS (Bills)
Pa)'ment ........•......•••••.••.••
Section Page
7-2(0) 16
7-2(H) 15
7-2(N) 16
7-2(I) 15
2-3 4
7-3 16
7-2(C) 15
7-2(I) 15
17-11 29
7-2 (F) 15
7-2 15,16
7-2(I) 15
10-3,23-4 19,38
7-1 15
2-2 3
2-4 4
2-3 4
7-2(J) 15
2-3 4
10-2 19
10-1 19
10-2 19
14-1 26
2-14, 10-2 6, 19
2-3 4
13-3 25
10-2 ' 19
"
13-1 ' ' 25 ' 10-1 19
10-2 ''19
13-1 25
2-14, 10-2 6, 19
13-1 25
13-2 25
17-15 30
Section
CONFLICT OF INTEREST .•.•........•..... 22-l(A)
CONTRACTS
City Attorney to approve .•••...•.
Custody, City Clerk ...•.•.......•
Enforcement by City Manager ...••.
Financial interest of
employees ..................... .
Letting, on bids .•..............•
Public Utilities Board,
purchases ..................... .
Public Utilities Board,
construction .•..••...••••••..••
Written, when required .•••••..•••
Preference for residents ........ .
COUNCIL
Action, how taken ......•.........
Action, vote required ........... .
Bids, awarding contract ......... .
Boards, appointments ............ .
Boards, removal of members ...... .
Bonds, fixing ................... .
Budget, adopting .......... ~ ..... .
Bulletin in lieu of advertising ..
City Attorney, appointment ...... .
City Clerk, appointment ......... .
City Manager, appointment ....... .
City Manager, to attend
meetings ...................... .
Civil Service System ............ .
Compensation of Councilmembers .. .
Councilmembers, number .......•...
Councilmembers, title of ........ .
Duties .......................... .
Emergency, declaration of ....... .
Emergency ordinances .....•.•....•
Employment, establishing
positions .....•.•.•....••.••.••
Franchises, granting ....•.••....•
Gifts, power to accept .•..•......
Initiative and Referendum ...•.•••
Investigations by City Manager .••
Leasing for more than one year .•.
Library Fund, budget .•••.••.•...•
Malfeasance ....................•.
Mayor, elected ...•••..••.•••••.••
Mayor, pro tem ..••.•.••.•••••••••
Mayo~, vacancy .••••.•.•...•....••
Meetings ........................ .
Meetings, Mayor to preside .•...•.
Motions, action by .••..•.•....••.
Offices, establishing .........•••
Official newspaper, designating ..
Ordinances, passage .............•
8-3
9-1 (C)
7-2(H)
22-2
3-15
12-l(C)
l2-3(B)
3-15
3-17
3-8
3-4
3-15
10-2
10-9
3-7 (E)
17-4
3-18
2-2
2-2
2-2,7-1
7-2(E)
13-2
2-4
2-1
2-15
3-7
6-1
3-12
3-7(G)
18-1
22~10
3-3
7-2(G)
3-10
16-2
7-3
2-1
6-2
6-3
3-7(B}
6-1
3-8
3-7(G}
3-18
3-11
Page
36
17
18
15
36
10
22
23
10
11
9
7
10
19
20
8
29
11
3
3
3,15
15
25
4
3
6
7
14
10
8
31
37
7
15
9
28
16
' 3
l~
14
8
14
9
8
11
9
COUNCIL, con't.
Organization ...••••..•.....••...•
Pension System, establishing .....
Police Secret Fund .••••••.••••••.
Powers ....•.••••••.•••••••••••••.
Powers and duties, conferring
on boards and officers .••.••.•
Public Utilities Board,
appointments ...•••••..••.....••
borrowing ..................... .
Removal of appointed officers ... .
Resolutions, action by .••..•.••.•
Salaries and Wages, fixing .•••••.
Social Service Board,
appointments ..••....••.•.••••••
Special legal counsel ...••..•....
Special Meetings ...•..••..••••...
Tax Rate, fixing ..... · ..••..••.•..
Traveling expenses, fixing ..••••.
Vacancies, how filled .......•••..
Vacations, providing for .....•...
COUNCILMEMBERS
Absence creating vacancy ........ .
Attendance, compelling .......... .
City Manager, influencing ....... .
Special meetings, calling ....... .
Terms .........•••.••..•••.••.••.•
Title of ........................ .
Vacancies, how filled ..•.....•..•
COURTS
Section
3-7(A)
3-7(1)
17-11
3-1
3-2
10-3
12-3 (E)
2-2
3-8
3-7(G)
10-4
8-5
3-7(B)
17-4
22-7
2-7
3-7(0)
3-6
3-5
7-3
3-7(B)
2-6,2-8,2-14
2-15
2-7
Unaffected by Charter ........••.. 23-6
-o-
DEMANDS
Payment ........••.••••••••.•••.••
-E-
ELECTIONS
Calling, result of arbitration .•.
Candidates elected .•. ~ •••••••••.•
General Law applicable .••••••••.•
General, when held ..••.....•.••••
Kinds ..........•.............•.•.
Recall, see Recall
Special, calling ..•....•.....••.•
Tie vote ........................ .
EMPLOYEES
Civil Service System ..••••...••.•
compulsory Arbitration .••..•..•.•
continuing in office ...••.•••.•.•
Felony, Forfeiting employment ..•.
17-15
"-
17-17
19-12 '·
19-3 ' 19-2
19-1
19-2
19-13
13-2
27-1 -27-8
23-3
22-4 .
7
9
29
7
7
19
23
3
9
8
19
17
8
29
37
4
8
7
7
16
8
4,6
6
4
38
30
30
32
32
32
32
32
33
25
42
38
36
EMPLOYEES, con't.
Financial interest .....•........•
Misconduct .•.•.•.••••.•••....•..•
Pension system ....•.....•.....•.•
Residence ...•.....••.......•.....
Travel expenses ...•....•........•
Vacations ..•••.•••••.••••••.•••••
Unauthorized payments ..••.....•..
-F-
FINANCE AND ~AXATION
Budget, City Manager to submit .••
Contracts ....................... .
Counting money in treasury ...... .
Fees of Officers ................ .
Fiscal year ................•......
General Fund, transfers by
Public Utilities Board ........ .
Monies Received ..... ~ ........... .
Police Secret Fund .......•.......
Tax rate, council to fix ...... ~ ..
Treasury, depositing funds in ... .
FIRE DEPARTMENT
Section
22-l(A)
22-1 (A) (B) (C)
3-7(I)
2-5
22-7
3-7(0)
22-3
17-3
17-14
17-10
17-9
17-1
12-6
17-16
17-11
17-4
17-8
Chief, appointment, removal...... 2-3,7-2(C)
Compulsory Arbitration ........... 27-1 -27-8
Discipline of members by
City Manager ................... .
Dismissal, appeal ............... .
Emergency, Mayor to command ..... .
FISCAL YEAR •••••••••••••••••••••••••••
FRANCHISES
Conditions ...................... .
Granting, by ordinance .•...••.••.
Terms .•••••••••••••••••••••••••••
Violations, City Manager
to report .......... · ............ .
-G-
GENERAL FUND
Transfers to, Public
7-2 (C)
13-3
6-1
17-1
18-1
3-10
18-1
7-2(H)
Utilities Board .•.•••••••• ~ •••• 12-6
GENERAL LAW
When applicable .••.•••••..•.••••• 1-2 {E)
GOLF COURSE
City Manager to supervise ......•• 7-2(I)
'·
36
36
9
4
37
8
36
29
30
29
29
29
24
30
29
29
29
4,15
42
15
25
14
29
31
9
31
15
24
2
15
I
I
I
I
EMPLOYEES, con't.
Financial interest .............. .
Misconduct .•..•••••...•••...••..•
Pension system ....•.....•.....•.•
Residence ....•....•••......•.. ~ .•
Travel expenses ...••...•........•
Vacations .......•••....••.......•
Unauthorized payments ..••.•..••••
-F-
FINANCE AND ~AXATION
Budget, City Manager to submit .••
Contracts ....................... .
Counting money in treasury ...... .
Fees of Officers ................ .
Fiscal year ................•......
General Fund, transfers by
Public Utilities Board ........ .
Monies Received ..... ~ ........... .
Police Secret Fund .............. .
Tax rate, Council to fix ...... ~ ..
Treasury, depositing funds in ... .
FIRE DEPARTMENT
Section
22-l{A)
22-1 (A) (B) (C)
3-7(1)
2-5
22-7
3-7(0)
22-3
17-3
17-14
17-10
17-9
17-1
12-6
17-16
17-11
17-4
17-8
Chief, appointment, removal...... 2-3,7-2{C}
Compulsory Arbitration ........... 27-1 -27-8
Discipline of members by
City Manager •••••••••.••••.•••••
Dismissal, appeal ............... .
Emergency, Mayor to command ..... .
FISCAL YEAR .••••••••••••••••••••••••••
FRANCHISES
7-2 ( C}
13-3
6-1
17-1
Conditions .......•....•.•..•.•... 18-1
Granting, by ordinance........... 3-10
Terms. • • • • • • • • • • • • • • • • • • • • • • • • • • • 18-1
Violations, City Manager
to report...................... 7-2(H}
-G-·~
GENERAL FUND
Transfers to, Public
Utilities Board .•.•••••••• ~ •••• 12-6
GENERAL LAW
When applicable ••..•••••.•••••••• l-2(E)
GOLF COURSE
City Manager to supervise ......•• 7-2(1)
36
36
9
4
37
8
36
29
30
29
29
29
24
30
29
29
29
4,15
42
15
25
14
29
31
9
31
15
24
2
15
I
I
I
I
-H-
HEALTH OFFICER
Appointment and removal ....•••••.
HISTORICAL ADVISORY BOARD
Board created -purpose ....••••..
Established ...•••••••...••.••••••
Establishment ...•••...•••....••..
Fees ..........•....•...•.....••.•
Organization ..•••.•.•..•••.•.•.•.
Powers and duties .•.•........•.•.
Terms ..........•..••.........•••.
Vacancy and removals .........••..
-I-
INITIATIVE
Section
2-3,7-2(C)
28-1
10-1
28-3
28-7
28-6
28-2
2-14, 28-4
28-5
General law applicable ........... 21-1
Submission by Council............ 3-3
-L-
LEASES
Custody, City Clerk ............. .
Longer than one year ............ .
Public Utilities Board ........••.
LIBRARY BOARD
See Boards
MAYOR
Appointments ......•..............
Budget .......................... .
Established ..................... .
Fines, gifts, etc ..........•.••..
Library Fund created ...•....••...
Library system, control .••.•.••..
Membership, terms ••. ~ .••.••••••••
Non-resident privileges ..•••••••.
Powers .......................... .
Purchases .....••..•.......•.••...
Rules and Regulations .....••.•••.
Terms .........•....••...•......•.
-M-
Absence, Vice Mayor to act .•.••••
Boards, nominations .•.........•••
Compensation ..•.•••••..••••••••••
and
Council meetings, presiding ..... .
counting money in treasury .....•.
Elected ......................... .
Funds for use of ......•..•....•..
9-1 ( C)
3-10
12-2 (C)
10-2
16-.2
10-1
16-3
16-l(B)
16-l(A)
10-2
16-l(E)
16-1
16-l(D)
16-1 (C) ,
2-14, 10-2
6-2
10-2
2-1.1,2-4,
6-4
6-1
17-10
2-1.1
6-4
-,,
4,15
44
19
44
45
44
44
6,44
44
35
7
18
9
22
19
28
19
28
28
28
19
28
28
28
28
6,19
14
19
3,4
14
14
29
3
14
MAYOR, con't.
Official head of City ........•...
Proclamation, government by .•...•
Publi7 Ut~lities Board,
nominations ...••..••.••••••...•
Removal ......••••••••••••...•....
Socia~ Se~vice Board,
nominations ..........•.•....•..
Special meetings, calling ....... .
Vacancy, how filled .••..••.....•.
MULTIPLE DWELLING UNITS
Prohibited ...................... .
Exceptions ...................... .
Density ......................... .
MUNICIPAL AFFAIRS
Power over ...................... .
-o-
OATH OF OFFICE
Council to prescribe ............ .
Failure to take ................. .
Filing with Clerk ............... .
OATHS
City Clerk to administer ........ .
Who may administer .............. .
OFFICERS
Absent from City ..............••.
Appointed by City Manager ....... .
Appointed by Council ..........•..
Auditor, elective ............... .
Bonds .......•.••.••.........•..•.
Bonds, failure to file .••........
Chief of Fire Department,
appointment ................... .
Chief of Police,
appointment .••.••.•••.••••...•.
City Attorney, appointment .•••••.
City Clerk, appointment ..•..•••••
City Engineer, appointment .•••••.
City Manager, appointment .••••••.
City Physician, appointment ..••..
City Planning Director,
appointment .••••....••.........
Compensation ..••••.•.••.•••••.•..
compensation, increase and
decrease .•••••.•..•••••••••••••
Continuing in office .••••....••..
Councilmembers, elected ..••......
Deputies as ....•.....•.......•.•.
Section Page
6-l 14
6-l 14
10-3 19
2-2 3
10-4 19
3-7(B) 7
6-3 14
26-l 41
26-2 41
26-3 41
1-2 2
3-7(F) 8
2-9 5
3-7 (F) 8
9-l(D) 18
2-13 5
2-9 5
2-3 4
2-2 3
2-1 3
3-7 (E) 8
2-9 .5
2-3 4
2 -3 ', 7-2 ( c) 4,15
2-2 '· 3
2-2 3
2-3 4
2-2 3
2-3 4
2-3 "4
2-4 4
22-9 37
23-3 38
2-1 3
2-12 5
* I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
OFFICERS, con't.
Elective, term .•..•......•.......
Elective, who are ............... .
Fees, property of city .......... .
Felony, forfeiting office ....... .
Financial interest .....•••..•...•
Fire Chief, appointment ..••••••..
Health Officer, appointment .••..•
Ineligibility •.......•...•..• ~···
Mayor, elected ...••...•..••..•.•.
Misconduct ...•.••••....•••.•.....
Oath of Off ice, failure
to take ....................... .
oath of Office, filing .......•...
Oaths, power to administer ...... .
Pension system for .............. .
~ecall, see Recall
Removal .....•.•••...•.••••...••••
Residence ....••........•.•...••..
Street Superintendent,
appointment ................... .
Terms .•••••••••••••••••••••••••••
Traveling expenses .............. .
Treasurer, elective ............. .
Unauthorized paynients,
liability for ................. .
Vacancies, how filled ........... .
Vacati~ns ........•...............
Who are .•••••••••••••••••••••••••
OFFICES
Business hours ...............•...
Vacancy, election of successor ...
Vacancy, filling ......•..•.....•.
OFFICIAL NEWSPAPER
council to designate ......•••..•.
See Advertising
ORDINANCES
Action of Council by .........•••.
An'lendment ••••••••••••••••••••••••
Attesting by City Clerk •..•••..••
City Attorney to draft .•••••...••
Effective date .•••.•••••••• i •••••
Emergency ...•••••••••••••••••••••
Enforcement, City Manager .•••..••
Passage ••••••••••••••••••••••••••
Publication ....•••...•..•..••....
Re-enactment and amendment ...••..
Remaining in force .....•.........
Submitting to electorate ....•....
Section
2-6
2-1
17-9
22-4
22-l(A)
2-3
2-3
2-11
2-1.1
22-1,22-4
2-9
3-7(F)
2-13
3-7(I)
2-2 (B) ·
2-5
2-3
2-14
22-7
2-1
22-3
2-7,2-10
3-7(0)
2-12
22-8
2-8
2-7
3-18
3-8
3-11
3-11
8-3
3-12
3-12
7-2(B)
3-11
3-14
3-13
23-2
3-3 .
4
3
29
36
36
4
4
5
3
36
5
8
5
9
3
4
4
6
37
3
36
4,5
8
5
37
5
4
11
9
9
9
··,, 17
10
10
15
9
10
10
38
7
Section
-P-
PARKS
City Manager to supervise........ 7-2(I)
Public parks, sale or lease ...... 22-12
PENSION SYSTEM
Council to establish............. 3-7{I)
PLANNING
See CITY PLANNING BOARD,
CITY PLANNING DIRECTOR
POLICE DEPARTMENT
Chief, appointment,
removal ....................... .
Discipline, by City Manager ..... .
Dismissal, appeal ............... .
Emergency, Mayor to command ..... .
Police Secret Fund .............. .
POWERS
Conferring by Council .••.......•.
Home Rule ....•.••••••.•••••..•...
Municipal Affairs ............... .
Of City .......................... .
Vested in Council ............... .
PUBLIC PROPERTY
city Manager to supervise ....... .
Public parks, sale or lease ..... .
PUBLIC UTILITIES BOARD
See Boards
Advertising ...•..•..•............
Appointments ......•.........•....
Borrowing money .•.•..............
Budget, adopting ................ .
City Manager as member .......... .
city Manager ex-officio
member ..•.•••.••••••••••••.••••
Construction work .•..•.......••.•
Contracts ...•....••..•....•..•.•.
Duties .......................... .
Earnings, disposition ..••••.•••••
Employees, control over .•••.•••••
Engineer as member .•••..•••••••••
Established .••••••.•..••••••••••.
General Fund, transfers to ••••• ~.
Membership, terms .•••••••••••••••
Powers ...........••..............
Powers without competitive
bids .......................... .
Purchases ....••.•••..••••........
Rates, fixing ...••..•••..........
Real property, acquisition ....••.
Records ...........••.••••...•...•
2-3,7-2(C)
7-2 ( C)
13-3
6-1
17-11
3-2
1-2
1-2(0)
1-2
3-1
7-2(I)
22-12
12-2 (B)
10-3
12-3 (E)
12-4(0)
10-3
23-4
. 12-3(B)
12-1 (C)
12-4
12-6 .
12-3 (D)"
10-7(A)
10-1
12-6
10-3
12-1
12-2
12-1 ( C)
12-3 (C)
12-2 ( C)
12-4(A)
"
15
37
9
4,15
15
25
14
29
7
2
2
2
7
15
37
22
19
23
24
19
38
23
22
23
24
23
20
19
24
19
2'2
22
22
23
22
23
PUBLIC UTILITIES BOARD, con't.
Reports to Council .•••.•.••••••••
Reserve for contingencies ..••••.•
~eserves, investment ••••..••.••••
Revolving Fund, purchases ..•.••••
Sale obsolete property .•...•.•••.
Store room system ..••...•....••.•
Terms ..........•........•......•.
Terms, expiration .......•...... ~.
Utilities, control and
mana.gement .•••••.••••••••••••••
Utilities, engaging in .••...•••..
PUBLIC WORKS
Section
12-4{B)
12-6
12-3 {F)
12-2 {D)
12-3(A)
12-4(C)
2-14, 10-3
23-4
12-l(A)
12-5
Bids ............................ . 3-15,3-15.1
Council may do ....... i •••••••••••
Emergency .......••...•.••••..•••.
Preference for bus. resident .....
PURCHASES
Bids ............................ .
Open Market ..................... .
Preference for residents ........ .
Public Utilities Board .......... .
-R-
REAL PROPERTY
Acquisition or transfer by
ordinance ..................... .
Financial interest of officer ....
How held ........................ .
Leasing ......................... .
Public parks, sale or lease ..... .
Public Utilities Board,
acquisition ..•.•.••...••••.••••
RECALL
3-15
3-15
3-17
3-15,3-15.1
3-15
3-16
12-1 (C)
3-10
22-2
22-11
3-10,22-12
22-12
12-2{C)
Officers subject to ...••••.•••... 20-1
Procedure .•.......•••..•••••••••• 20-2
RECORDS
Inspection ....••.••..•..•....•••. 22-5
REDEVELOPMENT PLAN ..•••..••••...•••••. 25-1
REFERENDUM
General law applicable ..•..•••••• 21-1
Submission by Council ..• ;........ 3-3
RESOLUTIONS
Action of Council by............. 3-8
Page
23
24
23
22
22
23
6, 19
38
22
24
10,11
10
10
11
10,11
10
11
22
9
36
37
9,37
37
22
34
34
36
'"
4 0 ""
35
7
9
-
SCHOOLS
See Board of Education
SOCIAL SERVICE HUMAN RELATIONS BOARD
See Boards
Appointment .....••...•..........• ·
Established .•••.......••.........
Membership, terms ....••..•..•..•..
Powers •••••••••••••••••••••••• ~ ••
Terms •••••••••••••••••••••••••••• .,
SUPERINTENDENT OF STREETS
Appointment and removal ......... .
Employee·s, discipline by
City Manager ...•....... ~·······
-T-
TAXATION
See Finance and Taxation
TERMS
Terms of Off ice, excluding
Auditor and Treasurer ........ ,.
TREASURER
Compensation .............•.......
Deputy to fill vacancy .......... .
Duties ..........•........ ." ...... .
QDalifications ..... ~ ............ .
Te rm •.•••••••••••••••••••••••••••
-u-
UR.BA.?-.J RENEWAL •••••••••••••••••••••••••
UTILITIES . ' Engagin·g in .•••••••••••••••••••••
See Public Utilities Board
-v-
VACATIONS
Vacancies, in office
Council to fix ..•••.••.••••••••••
· VICE MAYOR
Act in Mayor's absence ••••••.••••
Selection/Term ..•.•.••...••.•.•••
-z-
ZONING
Section
10-4
10-1
10-4
15-1
2-14
2-3, 7-2 (C)
7-2 ( C)
2-14
2-4
2-10
5-2
5-1
2-14
25-1
12-l(A)
2-10
3-7 (D) '•.
6-2
3-7(A)
City Planning Board.............. 14-1
19
19
19
27
6
4,15
15
6
4
5
13
13
6
40
22
5
8
"'-.
14
7
26
4