1979 Alameda City CharterI
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Adopted
April 29, 1937
Approved
May 5, 1937
Senate Concurrent Resolution
No. 75
Amended to March 6, 1979
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C H A R T E R
OF THE
C I T Y 0 F A L A M E D A
CALIFORNIA
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ARTICLE I
Incorporation and Powers
Sec. 1-1. The existing City of , Alameda, hereinafter referred
to as ~he 11 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 following
rights and powers, subject to the express limitations herein
expressed:
(A) ~o 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 re3pect
to municipal affairs, subject only to the restrictions and
limitations 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 established by general
law unless a different procedure is established by ordinance.
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ARTICLE II
Officers
The following elective officers are hereby Sec. 2-1.
established:
the Council;
who shall be
The Mayor and four Councilmen, who shall constib1te
Auditor, who shall be ex-officio Assessor; Treasurer,
ex-officio Tax Collector.
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 ~lective officers of the City.
The office of Mayor shall be a separate off ice 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 f or 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 t~e 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.
Sec. 2-2. (A) The following offices are hereby established
and the incumbents thereof shall be appointed or removed by a vote
of a majority of the full Council: City Manager, City Attorney,
City Clerk.
(B) During a period of ninety days immediately following ' 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 office~.
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Sec. 2-3. The following offices are hereby established and
the incumbents thereof shall be appointed by and hold off ice at
the pleasure of the City Manager: Chief of Police; Chief of
the Fire Department; Health Officer; City Physician; City
Engineer; Superintendent of St~eets; City Planning Director.
Sec. 2-4. The salary attached to the following offices shall
be fixed by the Council at not less than the following amounts per
annum: Auditor, $3,600.00; Treasurer, $3,600.00; City Manager,
$4,000.00; City Attorney, $3,000.00; City Clerk, $2,400.00. Each
Councilman shall receive $50.00 for each meeting of the Council
which he shall attend; provided, that no Councilman 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 coro~ence
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 for four years thereafter and until his successor
is elected and qualified.
Sec. 2-6.1. Two Councilmen, 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 nun~er of votes for councilman
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 by
the Council. In the event that vacancies exist in a majority of
the offices of Councilmen, such vacancies shall be filled by a
board consisting of the remaining Councilmen, if any, and the
following officers, selected in the order named, sufficient to
constitute a board of three, to-wit, Auditor, Treasurer and
President of the Board of Library Trustees. After any vacancy . in
the office ot Councilman has continued for twenty-one days, the ,
three officers last mentioned in the foregoing sentence, acting
as a board, shall have the sole power acting by a majority vote,
to fill such vacancy.
Sec. 2-8. The term of any person appointed to fill a vacancy
in an elective off ice 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 Eleqtion,
at which election a successor shall be elected to serve for the
remainder of the unexpired term.
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Sec. 2-9. If any officer of ·the City shall remove from
the City or absent himself therefrom for more than thirty days
consecutively without the permission of the Council, or shall
fail to qualify by taking the oath of off ice and filing his
official bond, whenever such bond is required, within fifteen
days from the time his certificate of election or appointment is
mailed or delivered to him, or shall resign, or be convicted of a
felony, or be adjudged insane, his office shall be vacant.
Sec. 2-10. In the event of a vacancy in the office of Auditor,
Treasurer, City Attorney or City Clerk, the ranking deputy or
assistant shall, during such vacancy, perform the duties of such
office.
Sec. 2-11. Any incumbent of any Federal, State or County
office, except not ary public or officer in the military or naval
reserve forces, shall be ineligi b le to hold any elective office
or office of member of any board created by this charter.
Sec. 2-12. The persons occupying the offices set forth
in Sections 2-1, 2-2 and 2-3, their assistants and deputies
and members of all boards, provided for in Section 10-1, shall
be officers of the City.
Sec. 2-13. All officers, boards and the certified pubL.c
accountant appointed pursuant to Sub-Section 3-7c shall have
power to administer oaths an~ affirmations , to examine witnesses
and compel their attendance by subpoena in all matters affecting
their r espec tive offices and positions. All legal process issued
pursuant to this section shall be ex e cuted by or under the
authority of the Chief of Police.
Sec. 2-14, No person shall be eli~ible for the office h eld
by that person for two complete cons o cutive terms immediately
prior to the term for which the person. seeks election or appoint -
ment. This section shall not apply t :o the off ice of Audi tor or
Treasurer or prevent persons in office from completing their terms.
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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 boarus by this charter) shall be
vested in a Council consisting of five Councilmen.
Sec. 3-1.1. Notwithstanding any other provision of this
Charter to the contrary, this section shall control as to the
matters herein contained. Commencing Apri l 20, 1971, the Council
shall consist of the May or and four Councilmen, elected in the
manner set .forth in Section 2-1.1 and elsewhere in this Charter.
From and after such date, 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 powers and duties additional to those set forth in this
charter.
Sec. 3-3. The Council may, on its own motion, submit to the
electorate by initiative or ref erendum 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. 'I'he Councilmen present at any meeting regularly
held may compel the attendance of absent members in such manner
and subject to such penalties as the Council may"have prescrib ed
by ordinanc .~.
Sec. 3-6. In the event that any Councilman shall, without
being excus ·=d by the Council, absent himself from four or more
consecutive regular meetings of the Council extending over a
period of not less than thirty days, his office shall be vacant.
Sec. 3-7. The Council shall:
(A) Meet at 8:00 ,o'clock p.m. on the third Tuesday of the
month next succeeding the month in which the General Municipal
Election is held, and organize by selecting from its membership,
a Vice Mayo~: of the Council, whose ·term shall com_mence upon
selection and continue until the se~ection and qualification of
the successor following the next General Municipal Election.
(B) Hold regular meetings at least twice in each month
as fixed by ordinance. Its meetings shall be public and held in
the Council Chamber of the City Hall . Special meetings may be
called by the Mayor or by three Coun6ilmen by serving the
Councilmen personally with written notices of time and purpose
of the meeting or as required by ge~eral law.
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(C) Contract and fix the compensation for the services of
a certified public accountant, who shall at least semi-annually
investigate the transa ct i ons and audit the a ccounts of all
officers having the collection, custody or disbursement of public
money, or having the power to approve, allow or audit demands
on the treasury. He shall have free access to all records,
books and papers in all departments o f the City. He may at ccny
time visit any of the public offices and make exami nations and
investi gat ions therein without hindrance. He must examine the
officia l bonds of a ll City officers and employees and inve st i gate
the sufficiency and sol vency of the sureties thereon. At the
close of his investigation he shall file with the Council a
written report con taining his recommendations. If during his
examination and audit it shal l appear that a public of fense has
been committed, or that any offi cer or employee is in default,
or that the surety on any bond is insufficient, he shall
immediately report to the Council, which shall take such
proceedings as are author i zed by law.
(D} Provi de by o rdi n an ce for annual vacations with pay
for all City officers and employees.
(E) Fix the amounts and determine the officers and
employees who shall give bonds to the City for the faithful
performance of their duties. All such bonds shall be executed
by surety companies qualified to do business in th e State of
California and be subject to approval by the Council and sha l l
be filed with the City Clerk, except that the bond of the Ci ~y
Clerk shall be filed w~th th~ Auditor. The premiums on all such
bonds shall be paid by the City.
(F) Prescribe the form of o a th ot off i ce and require t::1at
every officer shall, before enter ing upon the duties of his
office, take and file suc h o a th s w i t~ t0 e City Cl e rk.
(G) Establish and abolish offices and positions of
employment and fix the compensation ~nd duties thereof, exce p t
as herein otherwise provided.
(H) Designate the person to perform the duties of City
Manager in the event of his absence or disability.
(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 amende d except by the vote of five Members of the Cou·~.cil
and shall not be repealed except by the People. Such system
shall provide for the support thereof by deductions from the
compensation of officers and employees of the City and contr i butions
from City funds and funds under the control of the respective
boards.
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Sec. 3 -8. The Cou ncil shall act by ordinance, resolution
or moti6n , and the v ote of each member of the Council on
ordinanc es ~nd resolutions shall be entered in the journal.
S e c. 3-9. No member of the Council shall, dur ing his
term of o ffice, be eligible to appointment to any board created
by this charter.
Sec. 3-10. All acts of the Counc i l imp osing penalties,
prescribing public regulations , granting franchises , or providing
for the acqu isition, transfer or lease for a period longer than
one year, of real property, shall be by ordinance; provided 1
howev er, that the acquisition of real property , or any interest
therein, may b e . authorized by resolution when the purchase price
to be paid, togeth er with any obligation i mposed on the City in
connectio n with any such ac q uisi t ion, does not exceed the sum
of $1,000.00, or when such acq uisition is to be ac comp lished by
condemnat ion in eminent domain proceedings , or in connection
with pu~lic improvements 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 gener al
law of the State of California, such p ro per ty has been acquired,
or is transferred or acquired in satisfaction, foreclosure or
en forcement of a lien for taxes or s pec ial ass essments of any
char a cter.
Sec. 3-11. The enacting clause of every ordina n c e pa s sed
by the Cou nc il sh all be, "Be it Ordained by the Council of the
City of Alameda." Every amendment of an ordinance sh all be
germane to ~he original purpose of such ordinance . Every
ordinance s~all be signe d by the off icer pres iding at the time
of its adopt.ion and atteste d hy t he City Cler k. No ordinance
shall be pass0d by the Council within five days after its intro-
duction, or at any time other than at a regular meeting or an
adjourned regular meeting, except as provided in the following
section.
Sec. 3-12. No ordinance shall become effective until thirty
days from and after the date of its final passage, except an
ordinance c&lling or otherwise relating to an election, or an
ordinance determining the amount of money n ecessary to be raised
by taxation, or fixing the rate of taxes to be levied, or an
ordinance relating to a street improveme nt proce ed ing taken und er
some law, or an ordinanc e relating to public improvements or work
the cost of which, or any portion of which, is to be borne by
special assessment against property benefitted thereby, or an
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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 f6ur-fifths vote
of the Council, or an o~dinance enacted in the event of great
emergency or necessity passed by four votes of the Council and
containing a statement of the emergency or necessity. Ordin~n c es
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 franchi se, however, shall ever be
construed as an urgency or emergency measure.
Sec. 3 -13. No ordinance shall be re-enacted or amended by
reference to its title only, or with out setting forth the arnended
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 notica showing the date, time and pl ace
of hearing on its final adoption, and notice that three full
copi e s thereof are available for use and examination by the public
in the office of the City Cl e rk, shall be published onc e in the
official newspaper of the Ci ty at lea st three days before sa3.d
hearing date. Notice of t he adoption of an emergency ordi na 11ce,
its title, and a digest thereof shall be similarly published once
within three days after its adoption.
Sec. 3~ 15. When the ex·pendi ture required for the purcha.se
of materials or supplies, or for the making o f public work o~
improvement s exceeds the sum of on e thousand dollars, the sane
shall be done by written con tract and iet to the responsible
bidder who submits the lowest and best bid, after advertising in
the Official Newspaper by at least o ne insertion for sealed
proposals, which advertising shall ba m~de at l eas t five days
prior to the time for receipt of bids. Advertisements for b ids
may set forth the general character 0f the work, materials o ~
supplies and refer for details to sp3cifications on file in t he
o ffice 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 ~ay, by four votes,
either with or without prior advertising, as ·hereinabove set
forth, determine that in its opinion the public work or improve-
ments in question will be performed more economically by the City
without contract, or that the materials or supplies can be p ~rchased
at a lower price in the open market, or that great necessity or
emergency requires immediate action, and thereupon proceed to make
s u ch public 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 :notwith-
standing, the bid and contract procedure in said section specified
shall be a~plicable only when the required expenditure ex c eeds the
sum prov i ded by the general law for cities for like expendi t1res.
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Sec. 3-16. A preference of not to exceed five per cent of
.the lowest bid may be allowed by the Council on all bids for
materials and supplies made by a person who, for more than one year
continuously preceding the making of such bid, had an established
place of business in the City manufacturing, processing, whole-
saling or retailing such materials and supplies.
Sec. 3-17. When entering i nto any contract for labor or
hiring any labor for public contract work, preference shall be
given to contractors, mechanics, artisans or other laborers of
any class, who shall have actually resided in the City for a period
of six months preceding the date of their engagement to perform
labor, quality an.d price of work being equal.
Sec. 3-18. The Council shall annually, after advertising in
the ma n ner provided for the purchase of supplies, award a cont ra ct
to t ~? r espo n sible bi dd er who submits the lowe st and best bid fo r
publ ~. J t ion of all leg a l advertising of the City in a n e wspap e r
of g r ... r al circul a tion published in the City for a perio( .. of not
less t.z:a n one year immediately preceding the making of such bid,
and h a ving a bona fid e paid circulation of at least one thous a nd
copies. The newspaper published by the successful bidder shall
be the Official Newspape r of the City. The Council may reject
.all bids. In lieu of n e wsp a per advertising the Council may issue
and publish a bulletin containing such matter as it is required by
law to pub l ish, 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
copie s of such advertisement in three public places in the City
of Alameda.
Sec. ~-19. The Council may consent to, or provide by contract
or in any other manner, for the transfer to the County of Al~.meda
of any or all of the public health and sanitation functions nnd
services provided for by Charter or Ordinance of the City of Alameda
or by State or Federal law, rule or regulation, and for the
assumption,. enforcement, observance and performance thereof by
Alameda County officers and employees; provided that, upon s11ch
transfer, employees of the City of Alameda Health Department who
are not continued in City of Alameda employment are transferred to
the employ of the County of Alameda with the protection hereinafter
in this section provided. The Council is authorized to provide
that all or any City of Alameda Health Department employees be
transferred to and become ~mployees of the Alameda County Health
Department with full accredited status as members of the County
Civil Service. The Council also is authorized to provide that such
transferred employees shall retain credit under the Alameda Municipal
Employees' Retirement System, or any other retirement system entered
into by the City of Alameda for and on behalf of the employees of
the City of Alameda, as provided for by any ordinance or resolution
of the City of Alameda, for service with which they were entitled
to be ·credited at the date of transfer, or that instead such service
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be credited under the Alameda County Employees' Retirement System
in the same manner and with the s~me effect as if it were service
credited under such system as having been rendered as employees
of Alameda County. To effect such credit of service, the Council
may take all necessary action, regardless of the length of service
credited to such employees. Specifically, but without limiting
the foregoing authorization, the Council may provide for the
retention in the Municipal Retirement System for contributions
made by such transferred employees, plus credited interest, in
the same manner and with the same effect as is p rovided under such
System for employees u p on resignation or discharge who are entitled
to be credited with ten years of service, or it may pay to the
County or otherwise allocate any funds, including such transferr ed
employees contributions plus credited interest, and contributions
made by the City and held on behalf of such transferred employees
by such Municipal Retirement Syste m. The City may compensate the
County, as nec essary , either directly from any City funds or
indirectly by County's retention of fees, fines, forfeitures or
penalties paid or payable under City Ordinance, for making inspec-
tions and for the performance by County officers or employees o f
functions in the enforcement of City Ordinanc es relating.to public
health and sanitation. The Council shall provide, as necessary,
for the continued employment of such Health Departm en t perso~nel
as are not transferred to the County, without prejudice to tl1e
acquired employment righ ts of such employees. Any and all powe rs,
duties and functions of the City so transferred to the County
pursuant to this section shall, to the extent of their assumption,
performance, observance. and enforcement by the County, be deemed
suspended and not a duty or function of the City for the dur~tion
of such transfer. The City has and the Council shall res erve
in any agreement with the County the right to termin ate any
transf er made pursuant to this section; and to reassume any or all
of the transferred functions. This .>ection shall be paramour t to
any other Charter provision in conflict ·therewith.
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ARTICLE IV
Auditor
Sec. 4-1. The Auditor shall perform all the duties of
Auditor and Assessor prescribed by this charter, by ordinance and
by general law and shall devote his entire time to the duties of
his office. He shall, subject to Civil Service requirements, have
power to appoint, disci p line and remove all de p uties and employe e s
in his off ice and shall be responsible for the acts thereof on
his official bond.
Sec. 4-2. He sha ll be t h e general accountant of the City
and shall have the custody of and p reserve in his off ice all
accounts, books, vouc h ers, docum e nts and pa p ers relating to the
debts, revenues and othe r financi a l affairs of the City.
Sec. 4-3. He sha l l keep an acdurate account of all mone y
transactions of the City , and at all times his records sha l l
reflect the e x act condition of t h e treasury and he shall certify
the same tc the Council at least monthly.
Sec. 4 -4. He shall establish a uniform system of bookke e p ing
and accounts for the City and all officers, departments and boards
thereof.
Sec. 4,-5. Every demand presented to him shall specify on
its face t h e severa l it~ms composing it, the amounts and the d a tes
thereof and shall be numbered and acted upon in the order of
presentation. Every demand shalL before payment, be presented
to the Auditor with the allowance thereon of the Council or k oard
which appropriated the money pursuant to which said demand is made,
except that d e mands for salary need bear the allowance only of
the City Manager or executive officer under whose jurisdiction
the services are rendered. The Auditor shall not allow any femand
unless the same is legally due, its payment authorized by lavt , and
in consequence of appropriations made pursuant to this chartEr.
Upon allowance, the Auditor shall endorse on each demand the word
"Allowed," the name of the fund out of which it is payable and the
date and consecutive number of its 2llowance and shall sign his
name thereto.
Sec. 4-6. No warrant shall be drawn by the Auditor unless there
are suff ic i .ent moneys otherwise unappropriated in the fund asainst
which the warrant is drawn to pay the same.
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Sec. 4-7. No contract required to be in writing and imposing
any financial obligation upon the ·city shall be binding or of any
'forde unless the Auditor shall endorse thereon his certificate
that there remains an unexpended and una pplied balance of the
appropriation or fund applicable thereto suff icient to pay and
fully discharge the City's obligation under such contract as
certified by the Board or officer making the same. All sums of
money represented by su ch endorsements outstandi ng shall be used
for no other purpose except the payment and discharge of the
respective contracts. so endorsed.
ARTICLE V
Treasurer
Sec. 5-1. The Treasurer shall perform all the duties of
Treasurer and Tax Colle ctor prescribed by this charter, by
· ordin an ce and by general law and shall devote his entire time to
the duties of his offic e. He shall, subject to Civil Service
requirement.s, have power to appoint , discipline and remove all
deputies and employees in his office and shall be resp onsi ble for
the acts thereof on his official bond.
Sec. 5-2. He shall have custody of all moneys belonging to
the City, or to any officer of the City in his official capacity.
He shall pay out money belonging to the City or i n his official
custody only upon warrants drawn upon him duly issued by the Aud itor.
Sec. 5-3. The Treasurer shall not receive any moneys url ess
the payment: of the same is accompanied by the certificate of the
Auditor, stating the amount of the same, to what fund payabl~
and by whom to be paid.
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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 De pa rtments and govern
the City by proclamation whenever the Council determines that
public danger or emergency requir es such action.
Sec. 6-2. During the absence or disability of the Mayor,
the Vice May or of the Council shall perform the of fi cial duties
of May o r , and duiing the abse nce or disability of both such
officers, the remaining members of the Council shall select a
Mayor Pro-temp ore.
Sec. 6-3. Vacancies in the office of Mayor shall be filled
by the Council.
Sec. 6-4. There is hereb y appropriated to the use of the
Mayor in the discharge of his off ice the sum of fift y dollars
each month for which he need furnish no vouchers.
ARTICLE VII
City Manager
Sec. 7-1. The City Manager shall be the Chief Administ~a ti ve
Officer of the City and shall be chosen by the Council on th~ 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 off ice as hereinaft8r
outlined.
Sec. 7~2. The City Manager shall have the power and it shall
be his duty:
(A) To administer and execute policies and undertakings
formulated by the Council.
(B) To enforce all laws and ordinances, except as provided
by Section 6-1, and he is hereby declared to be beneficially
interested in their enforcement and to have power to sue in proper
courts to enforce them.
(C) To appoint, discipline and remove all officers and
employees of the City under his jurisdiction, subject to Civil
Service requirements.
(D) To act as purchasing agent for the City and all officers
and boards thereof, except the Board of Education and the Public
Utilities Board uhless so requested by the~.
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(E) To attend all meetings of the Council unless excused
by the Council or the Mayor.
(F) To keep the Council at all times fully advised as to
the needs of the City, and to recommend such measures and
policies as he may deem expedient.
(G) To cond u ct such investigations and prepare such plans,
specifications or reports as may be specified by the Council.
(H) To see that all contracts and franchises made und er
his jurisdiction or that of the Council arc faithfully performed,
and to report all violations thereof to the Council.
(I) To supervise and administer all public parks, golf
courses, recreation areas, wharves, docks and other public
properties, utilities and fRcilities belonging to the City
except as in this charter otherwise provided.
(J) To appoint technical adviaory experts or bo ard~ with the
consent of and at such comp ensation as ma y be provided by the
Council.
(K) Until a Civil Service ordinance shall be in force, to
establish examinations as to fitness of applicants for positions
below the rank of Chief in the Police and Fire Departments and
to make appointments therein only on the basis of merit after
such examinations.
(L) ~o prepare and submit a budget as required by this·
charter.
(M) ~o investigate the conduct and proceedings of any
officer or board of the City when he·shall deem the same
necessarv, or when so directed by the Council.
(N) To devote his entire time to the duties of his office.
(0) •ro formulate rules and regulations for officers and
employees under his jurisdiction.
Sec. 7-3. Neither the ~ouncil nor any of the members
thereof shall interfere with the execution by the City Manager
of his pow e rs and duties. Except for purposes of inquiry, the
Council and its members shall deal with that portion of the
ad.rninistra t ive service for which the City Manager is responsible
solely through him. An attempt by a Councilman to influence the
City Manager in the making of any appointment or the purchase of
any materi a ls or supplies shall subject such Councilman to removal
from office for malfeasance.
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Sec. 7-4. The City Manager shall appoint a Chief of Police
who shall be the chief executive of the Poli ce Department.
Sec . 7-5 . The City Manager shall appoint a Chief of the
Fire Department who shall be the chief executive of the Fire
Department.
Sec. 7-6. The City Manager shall appoint a Health Officer
who shall be the chief executive of the Health Department. The
Health Officer shall hold the degree of Doctor of Medicine and
a license to pract i ce medicine in the State of California, or a
degree r e presenting equivalent training in Public Health. He
shall exerc ise all the powers and duties vested in boards of
health or health ~f f icers by general l aw or ordina nce now or
hereafter adopt e d.
Sec. 7-7. The City Manager shall appoint a City Physician
who shall hold the degree of Doctor of Medicine and a license
to practice medicin e in the State of California. The Ci ~y
Physician sh all , without charge and ~s required by the Council,
render emergency , surgical and medical service, and make suc h
medical exam i nations as may be necessary for the admini strat ion
of the affairs of the City Government. He shall have charge of
any receiving hospital or dispensary established by the City.
Sec. 7-8. The City Manager may consolidate the offices of
Health Officer and City Physician.
Sec. 7 -9. The City Manaqer shall appoint a Superintendent
of Stree ts who shall be the chief executive of the Street Depart-
ment.
Sec. 7-10. The City Manager shall appoint a City Engirn ,er
who must have been, prior to his appointment, a practicing C ~vil
Engineer for a period of not less than five years. He shall be
the custodian of all engineering records o f the City, and al:
engineering records prepared by him shall be the property of the
City.
Sec. 7-11. The City Manager may consolidate the offices of
Superintendent of Streets and City Engineer.
Sec. 7 -11.1. The City Manager shall appoint a City Planning
Director who shall be the chief executive of the City Planning
Department and Secretary io the City Planning Board.
Sec. 7 -12. The Chief of Police, Chief of the Fire Department,
Health Off i cer, City Physician, Superintendent of Streets, City
Engineer, ~nd City Planning Director 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 no t to exceed thirty days, or other penalty less than
dismissal, subj ect to appeal to the City Manager who shall, on such
appeal, have final and arbitrary authority to affirm, modify cir
revoke such penalty.
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ARTICLE VIII
City Attorney
Sec. 8-1. The City Attorney shall have been, at the · time
of his appointment, regularly admitted to practice and engaged
in the practice of law in the State of 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 6f the Council, board or elective officer having juris-
diction of the matte r, prosecute and defend for the City, and all
boards, offic e rs 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 withou t permission of the Council. He shall not commence
any action without permission of the Council or written instruc-
tion of the City Manager. He shall be the legal advisor o f and
attorne y and counsel for the City and for all offi cers and boards
thereof, in all matters relating to their of ficial duties, and
whenever rPquested in writing by any of them, he shall give his
legal advice in writing.
Sec. B-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 approva l of
the form t here of. He shall, when required by the Council, or any
members thereof, draft proposed City ordin an ces and amendmehts
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 und
remove, subject to Civil Service requirements, all assistants,
deputies and employees under his authority. All assistants 2nd
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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Sec. 10-4. The Social Service Human Relations Board shall
consist of nine members. Upon nomination of the Mayor, the Council
shall appoint, between May 1 and July 1 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 1 and July 1 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
appqinted 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 filled for the unexpired term by a nomination and
appointment in the manner hereinabove set forth.
Sec. 10-6. All members of such boards shall, at the time of
their appointment and continuously during their incumbency, be
electors of the City.
Sec. 10-7. Each person appointed to membership of any of
said boards shall be particularly qualified to discharge the
functions of his office and, to that end:
(A) One member of the Public Uti.lities Board shall be an
electrical, civil, mining or mechanical engineer.
Sec. 10-3. The members of such boards shall ~eceive no
compensation.
Sec. 10-9. A member of any such board may be removed by the
vote of a majority of the Council.
Sec. 10~1-0. At its first meeting after July 1 of each year,
each such board shall elect a President, a Vice-President, a
Secretary 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, appoint, discipline and
remove (subject to Civil Service requirements) its officers and
employees and prescribe their duties and exercise all authority
and perform all duties prescribed by this charter and by general
law or ordinances.
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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 member-
ship of a board shall be necessary for action thereof.
ARTICLE XI
Board of Education
Sec. 11-1. The Board of Education shall control and
manage the public schools in the City in accordance with the
Constit ~tion 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 provision of this
Charter to the contrary, the matters contained in this Section
shall be controlling as to the Boarc. of Education. Commencing
April 15, 1969, and thereafter, 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 quali-
fication~ nomination and election of other elective officers
of the Cityi and shall serve a term of four years thereafter
and until tLeir successors are elected and qualified.
Of the five members of the Board of Education elected at
the 1969 General Municipal Election, the three who receive the
highest nurnJ1er of votes cast shall each serve an initial term of
four years, and the two who re.ceive the next two highest number
of votes ca~:t shall each serve an initial term of two years. At
subsequent General Municipal Elections, either two or three members
of ~aid 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.
A vacancy on the Board of Education, arising otherwise
than as provided in Article XX, shal ~ be filled by appointment by
said Board, said appointee to hold office for the term proyided
in Section 2-8 of this Charter. After any vacancy in the office
of member of said Board has continued for twenty-one daysr the
vacancy shall be filled by the Council.
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It is hereby declared to be the intent of this section
that tbe only changes to be effected by its terms are 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 pro-
visions 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.
ARTICLE XII
Public Utilities Board
Sec. 12-1. The Public Utilities Board shall have the
power:
(A) To control and manag~ 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 purcha se of materials and supplies,
subject to the provisions of Section 3-15 and 3-16 of this charter
except as otherwise in this article expressly provided. In
connection \vith such contracts the Board may exercise the powers
conferred u p on the Council by said s.ections.
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 gus, 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 ~se 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 o u t of a revo~ving fund goods, wares and
merchandise to be resold for the purpose of increasing the public
utility services or commo dities under the control and management
of the Boaid; provided, the total amount of money in such fund,
together with the amou nt of money invested in such goods, wares
and merchandise, shall n ot in the a9gregate exceed the sum of
$15,000.00.
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Sec. 12-3. The Board shall also have the power:
(A) To sell obsolete or unnecessary personal property,
subject to the consent of the Council on all sales exceeding
the sum of three thousand dollars.
(B) To make any original construction of and any imp rove-
ment to ~ny 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 t he
duties thereof. No employee of the Board receiving compensation
from it shall be, or within one year preceding his employment
have been, a member of the Board.
(E) To borrow, with the approval of the Council and not
otherwise, not to exceed one hundred thousand dollars in the
aggregate for capital investment. Money borrowed pursuant to
this sub-section shall provide that .the same may be repaid at
any time and shall be repaid within twenty years from date ther e of.
(F) To invest the reserves provided for in Section 12-6
in bonds of the City, bonds of the United States, of the S t ate
of California, or of any county or municipality in the State of
California.
Sec. 12-4. The Board shall:
(A) Keep pooks and records fo r each utility under its
control and management in the manner prescribed by the California
Railroad Commission or its successor in authority, and all other
. fisc~l 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 ny the Certified Public
Accountant referred to in Section 3-7(C).
(C} Maintain a store room and store room system, wherein
a detailed record shall be kept of all materials received and
issued in a manner satisfactory to a nd subject to the audit of
the Accountant referred to in the next preceding sub-section.
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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 improve-
ments; 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 per cent of the Fixed Capital in Service as of
the same date if an amount equal to five per cent 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 per cent of the Fixed
Capital in Service at the beginning of the fiscal year.
All earnings of such utilities for the fiscal year in e)~cess
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 reserve a larger percentage than above set forth. For
the purpose of carrying out the provisions of this section the
Board prior to the first day of each fiscal year shall make an
estimate of the amount to be earned in the fiscal year in excess
of said payments and retainments and said excess amount as
estimated shall be transferred to th~ 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 A~gust next succeeding the
end of said fiscal year.
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ARTICLE XIII
Civil Service Board
Sec. 13-1. The Civil Service Board shall have power and
it shall be its duty to administer the Civil Service System of
the City.
Sec. 13-2. The Council, on or before July 1, 1938,
shall establish by ordinance a Civil Service System for the
City. Such ordinance, once adopted, shall not be amended,
except by vote · of five members of the Council and shall 'not
be repealed, except by the People. No position of employment,
once placed under such Civil Service ·system, shall be removed
therefrom, except pursuant to such Civil Service Ordinance
or by vote of the People.
·Sei:-::. 13-3. Any member of the Police or Fire Department
who has been granted permanent status under the Civil Service
rules of the City, shall if dismissed, have the right to appecl
to the Civil Service Board, which shall have the power to hear
the charges and determine the penalty. The procedure for such
appeal shall be determined by the Civil Service Ordinance, or
in default thereof, by the Civil Service Board.
ARTICLE XIV
City Planning Boa.rd
Sec. 1 .-1 -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 develop-
ment, improvement and beautification of the City, including
landscaping , planting and care of trees on public streets,
parks and playgrounds, the imp.roveme:nt and development of harbor
facilities, the location and improvement of public buildings
and works and the subdivision and zoning of land.
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ARTICLE XV
Social Service Human Relations Board
Sec. 15-1. The Social Service Human Relations Board shall
have the power:
(A) To encourage the formation of private social welfare
organizations to meet needs not already provided for and to
foster all worthy philanthropic enterprises.
(B) Such other duties and powers as may be delegated by
ordinance.
ARTICLE XVI
Library Board
Sec. 16-1. ·The Library Board shall have the power:
(A} To control and manage the Public Library System of
the City.
(B} To expend for library purposes all moneys in the
Library Fund, . which fund is hereby created.
(C) To make and enforce rules and regulatiops necessary
for the administration, government and protection of the Library
System and all property thereof.
(D) Tc purchase necessary books, journals, publications
and other p~rsortal property. .
(E) Tc· borrow books from, rent . books to and exchange the same
with other libraries, and to extend library privileges to non-
resid~nts upon such conditions as th~ 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 tte amount of money necess~ry 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
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thereover set forth in such estimate the Council may, include
in the next succeeding tax levy and apportion to the Library
Fund as received moneys for the purposes set forth in such budget.
Sec. 16-3. All fines and other money arising out of the
administration of the Public Library System of the City or gifts
or trusts therefor shall be deposited in the Library Fund.
ARTICLE XVII
Finance and Taxation
Sec. 17-1. The fiscal year of the City shall commence
on the first day of July of each year and shall end on the next
succeeding thirtieth day of June.
Sec. 17-2. On or before the second Monday in May of each
year, each Board or officer having supervision or control of
the expenditure of City funds, and every officer or Board so
directed by the City Manager shall transmit to the City Manager
detailed estimates of income and exFenditure for the ensuing
fiscal year.
Sec. 17-3. On or before the first Tuesday in August of
each year, the City Manager shall transmit to the Council a
detailed budget showing the estimated revenues and expenditures
of the City and all Departments thereof for the ensuing fiscal
year.
Sec. l~-4. Not later than the third Tuesdai in September
of each yea1·, the Council shall adopt a budget and fix the
rate of City taxes to be levied and collected upon the property
assessed for taxation within the limits of the City, on the
basis of thf: valuation thereof as s h own by the assessment roll
in the office of the City Assessor. Such rate, after allowing ,
an appropri~te percentage of the assessed valuation for delinquencies
must yield sufficient revenue for the financial needs of the
City for the current fiscal year.
Sec. 17-5. Except in the event · of great necessity or
emergency, and in such event only by ordinance reciting the same
passed by the vote of not l~ss than four members of the Council,
or except wten authorized by majorit¥ vote of the People, the
annual tax levy, exclusive of sums necessary to provide for
interest and sinking funds on the City's bonded indebtedness
and to pay for street and sewer work, maintenance and improve-
ment of public parks, squares and grounds, salaries of employees
of the Fire Department and the mone y s apportioned to the Board of
Education pursuant to Section 11-2 shall not exceed the rate of
one dollar for each one hundred dollars' assessed valuation.
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Sec. 17-6. The Council shall fix the tax rate by designating
the number of cents levied on each one hundred dollars of assessed
valuation of taxable property, sp~cifying the po~tion of the
.whole which shall helong to any particular fund of the City, and
designating also the portion thereof appropriated for each
special purpose or for the bonded indebtedness of the City. If
the Council shall fail to fix the tax rate within the time prescribed,
the rate for the next preceding fiscal year shall thereupon be
automatically adopted.
Sec. 17-7. Unless otherwise provided by ordinance, the
levy and collection of City taxes shall be pursuant to general
law for the levy and collection of State and County taxes, and
to that end all duties required by general law to be performed by
County officers shall be performed by the City officers performing
similar duties.
Every tax levied pursuant to law shall be a personal obliga-
tion of the person to whom the property or the tax is assessed.
Every tax shall be and constitute a lien on the property assessed
and, as to taxes on personal property on the real proper~y in this
city of the person to whom the tax is assessed and, as to taxes
. on improvements, on the taxable land on which such improvements
are located and, as to taxes on assessments of possessory interests,
on the other taxable real property of the owner in this city. The
time when taxes for any fiscal year becomes a lien on property
is at noon on the first Monday in March preceding the beginning
of the fiscal year for which the taxes are to be collected.
Except as otherwise provided in this section, the personal
obligation is satisfied and the tax lien removed when, but not
before:
(A) the tax is paid or legally cancelled, or
(B) for non-payment of any taxes, the property is sold to
a private purchaser or deeded to the City.
After thirty years succeeding the time, heretofore or
hereafter, Mhen any tax becomes a lien, if the lien has not been
otherwise removed, the lien ceases to exist and the tax is
conclusively presumed to be paid.
Sec. 17-8. All moneys receivea by any officer or employee
of the City in his official capacity or belonging to the City,
and all moneys directed by general law or by this charter to
be paid or deposited in the City Treasury shall be paid into the
Treasury daily by the officer or employee receiving the same.
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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; provided that the
Council may by ordinance provide that the Health Officer of the
City shall be entitled to receive and retain the fees provided
by law to be paid by the State or County to Local Registrars
of Vital Statistics for the registration of birth and death
certificates.
Sec. 17-10. The Mayor, Auditor, and City Manager shall,
together, count . the money in the City Treasury at least once
iri 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.
Se r.. 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 Pol i ce under the direction of the City Manager for
investigation and police work of a secret c~aracter and for no
other purpose. Semi-annually and at such other times as the
Council may require, the City Manager shall file with the Council
his affidavit and the affidavit of the Chief of Police that all
moneys expended out of the fund have been used for the purposes
hereinabove set forth.
Sec. 17-12. An Emergency Revolving Fund, the unexpended
balance of ~~ich shall at no time exceed five hundred dollars,
is hereby established. The Council shallappropriate to such
fund from time to time such amounts as it deems proper. Such
fund shall be expended for emergency purposes only upon demands
signed by bc•th the City Manage~ and the Auditor, but not other-
wise appropriated, audited, allowed or approved. Said officers
shall take zeceipts for all money expended out of such fund and
at least quarterly shall file with the Council a detailed state-
ment of such expenditures.
Sec. 17-13. The Council may provide for the establishment
of a permanent revolving fund, to be known as the Cash Basis
Fund, sufficient to place the busine£s of the City upon a cash
basis.
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ARTICLE XVIII
Franchises
Sec. 18-1. Franchises may be granted for 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.
ARTICLE XIX
Municipal Elections
Sec. 19-1. Municipal Elections held in the City of
Alameda shall be classified as of two kinds: (A) General
Municipal Elections; (B} Special Municipal Elections.
Sec. 19-2. A General Municipal Election shall be held
bi-annually on a day specified therefor by general law, or,
if no date .is so specified, on a date set by resolution of the
City Counc i l, in each odd numbered year. All other municipal
elections shall be Special Municipal Elections. A Special
Municipal Election may be called by ordinance or by resoluti6n
of the Council.
Sec. 19-3. The provisions of the ·Elections Code and thf!
Constitution of the State of California relating to the qual i fi-
cations of electors and voters shall govern in all municipal ·
elections.~ Except as otherwise provided in this charter or i n
any ordinance enacted by the affirmative vote of four memberf;
of the Counc .il, 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 i n this City. The . Council and the City Clerk, respec-
tively, shall exercise the powers a n d perform the duties conferred
or imposed by law on Boards of Supervisors and County Clerks,
respective j_y, concerning elections. ·
For the purpose of this article, all seats or positions on
the Counci l shall be considered as a single office for which
as many persons are to be selected as there are full and unexpired
t~ims to be filled.
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No election, either general or special, shall be set
aside for any error, irregularity ·or de£ect 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 candidcte receiving the highest number of
votes cast for that office shall be declared elected.
In case there are two or more persons to be elected to
the same office, then those candidates, equal in number to the
number to be elected, who receive the highest number of votes
cast for such office, shall be declared elected. Where full
and one or more unexpired terms to the same off ice are to be
filled, the candidates, equal in number to the number of
officers to be elected for the full term, who receive the highest
number of votes cast for such office, shall be declared elected
for the full term; and the candidate who receives, or the
candidates equal in number to the number of officers to be
elected for unexpired terms who receive the next highest
number of votes, shall be declared elected for the unexpired ·
term or terms. If unexpired terms be of different 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 i~ appears in his Nominating
Petition, or delivered to him personally, at least five days ·
before the date fixed for the deteriniriation 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 off ice 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
Constitutirin of the State of California relating to the recall
of elected officials shall govern the recall of all officials
elected pursuant 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
provide~ 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.
ARTICLE XXI
Initiative and Referendum
Sec. 21-1. The Initiative and -Referendum may be exercised
by the qualified electors of the Cify 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 regulated 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 per
cent 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 ·~illful 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 provided
in Section 22-1 (A) , shall be voidable ~t the election of th~
Council.
Sec. 22-3. Every officer or employee who shall approve,
allow or pa:y any demand on the Treasury, knowing that the sarr.e
is not authorized and legally due, shall be liable to the City
individually., and on his official bond for the amount of the
demand so illegally approved, allowed or paid.
Sec. 22-4. Any person convicted of a felony or misconduct
in office shall forfeit his office or position of employment.
No person who shall have been convicted of a felony or misconduct
in off ice shall ~ver hold any office or position of employment
in the service of the City.
Sec. 22-5. All books, files and records of the City and
of all 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.
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Sec. 22-6. Repealed.
Sec. 22-7. Traveling expenses shall not exceed actual
cost of transportation, plus a reasonable per diem allowance,
the latter to be fixed annually by the Council uniformly for
all officers and employees. Traveling expenses, except for
routine duties, shall be allowed only if authorized by the
Council.
Sec. 22-8. All public offices, except where otherwise
provided by law, shall be open for business every day, except
holidays, from 9:00 A.M. to 5:00 P.M., subject to the power
of the Council to increase such hours for the necessary
accommodation o·f the public.
Sec. 22-9. The compensation of elective officers of the
City shall not be increased or decreased during their respective
terms of office. This section shall not prohibit the increase
or decr~ase 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 otheiwise 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".
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ARTICLE XXIII
Schedule
Sec. 23-1. This charter shall take effect on July 1, 1937.
_ Sec. 23-2. All 6rdinances, resolutions and orders in
force at the time this charter takes effect shall so remain in
full force and effect unless contrary to the provisions hereof,
subject to repeal and amendment.
Sec. 23-3. All 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 term of one year, and the vacancies occurr i ng
June 30, 1941, shall be filled, one by appointment for a term
of four years, and one by appointment for a term of one year.
Upon taking effect of this charter, the City Manager
shall become. ex-officio a member of the Public Utilities Boa r d
with fullparticipating a nd voting power.
Sec. 23-5. The Boards and memb~r~ thereof na ~ed in the .
first colunm following shall be deemed to be the Buccessors
to the Boards and members thereof named 'in the second column
following. All incumbents and membe .c s of Boards in the second
column at the time this charter take.;; ·effect shall · immediately
assume and continue to hold the successor off ice for the
remainder .of their unexpire d terms.
Board of Education, successor to Board of Education.
Library Board, successor to Boa r d 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.
ARTICLE XXV
Urban Renewal
Sec. 25-1. Urban Renewal, area redevelopment pursuant to
Federal or State aid shall not be adopted in the City of Alameda
without a vote of the people. ·
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 Charter of the City of Alameda.
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INDEX
-A-
ACCOUNTA.."'l"T
See Certified Public Accountant
Auditor as · • • • • • • • • • • • •
ADVERTISING
. .
Bids, Calling for •••••••••••
Bulletin in Lieu of • • • • • • • • •
Official Newspaper, Council to
Section
4-2
3-15
3-13
3-18
3-14
designate •••• ~ ••••••••
Publication of Ordinances • • • • •
Public Utilities Board ••••••• •• ,12-2 (B)
ASSESSOR
Auditor as ex-officio ••
Duties, Auditor to perform
AUDITOR
. . . . . .. . . . . . . 2-J.
4-1
Accountant for City •••••••••• 4-2
Accounts, l:::ee_ping • • • • • • • • • • 4-3
Bookkeeping system . • • • • • • • • • 4-4
Certificate t o ~vuncil • • • • • • • • 4-3
Certificate to Tre~surer • • • • • • 5-3
Contra~ts, endorsement • • • • • • 4-7
Counting money in treasury •••••• 17-10
Custody of boo k s • • • • • • • • • 4-2
Demand.:;, payment • • • • • • • • • • • 4-5
Deputi0s and enployees • • • • • • • • 4-1
Duties • • • • • • • • • • • .; • • • • 4-1
Elected • • • • • • • • • • • • • • • 2-1
Emergency Revolving Fund • • • • • • • 17-12
Ex-officio Assessor • • • • • • • • • 2-1
Salary : ~ • • • • • • • • • • • • 2-4
Vacancy, deputy to fill. • • • • • 2-10
Warrants, paymen'. • • • • • • • • • • 4-6
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11
8
9
9
8
20
2
11
11
11
11
11
12
12
27
11
11
11
11
2
27 ,,
L.
3
4
11
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BIDS
-B-
Expenditures over $1,000 •••••••
Misleading bidders ••••••••••
Official Neuspaper • • • • • • · • • • •
Resident, preference •••••••••
BOARD OF EDUCATION
See Boards
Appointnents •••••••••••••
Established ••••••••••••••
General law applic a ble. • • • • • • •
Powers and duties. • • • • • • ••
Terms of office ••••••••••••
BOARDS
Action, vote required •••••••••
;Board of Education, me mber.s hip ••••
Board of Education, powers
and duties ••••••••••••
Budget, submitting •••••••••
City Attorne y leg al advisor • • • • •
City Manag er Purchasing Agent for • •
Ci~y Planning Board, me mbersh ip •••
City Planning Doard, powers
and duties •••••••••••
Civil Service Board, me Qbership •••
Civil Service Board, powers
and duties. • ••••••••
Compensation for positions undor. . .
Compensation for members • • • • • •
Councilmen as me mbers • • • • . • • •
Establishment o f • • • • • • • • ;
Gifts, power to accept ••••••••
Library Board, me mb ership ••••••
Lib~ary Board, powers a nd duti~s •••
Members, must be electors ••••••
M.em:Oers, qualific a tions • • • ., • • •
Me mb ers, a s officers of City •••••
Oathn, p o wer to administer ••••••
Officers I s electioP • • • • • • • • •
Powers, ma y be conferred by Council.
Public Utilities Bo a rd, me mb ership ••
Public Utilities Board, powers
and duties ••••••••••••
Removal of me mbers. • • •••••
Rules, est a blishing •••••••••
Social Service Board,
me mb ership ••••••••••••
Social Service o oard, powers
and duties ••••••••••••
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Section
3-15
22-1 (C)
3-18
3-16
11-2
11-1
11-1
11-1
11-2
10-13
11-2
11-1
17-2
8-2
7-2 ( D)
10-4.1
·14-1
10-2
13-1
10-12
10-3
3-9
10-1
22-10
10-2
16-1
10-6
1 0 -7
2 -12
2-13
10-10
3-2
10-3
12-1
10-9
10-11
10-4
15-1
8
31
9
9
19
19
19
19
19
19
19
19
25
16
13
18
23
17
23
19
18
7
17
32
17
24
18
18
4
4
18
5
17
20
18
18
1 8
24
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Boards (Continued):
Successor b o a rds •••
Vncancy, appointraent.
BO H DS
. . • • • • . . • • • •
Certified Public Account a nt
. .
• •
to exam ine • • • • • • • • • • •
City Attorney to app rove •••••••
Council to fix • • • • • • • • • • •
Official,f a ilure to file •••••••
Pre m iu ~s paid b y City •••••••
Unauthorized p a ym ents, liability on •
BOU NDARIES OF CI 'l'Y • • • • . . . . . . . .
BUDG.E T
See Finance and T a xation
-c-
CERTIFIED PU BLIC ACCOU NTA N'l'
Co mpensation •••••••••••••
Du t ies ••••••••••••••••
Power to a d minister o a ths • • • • • •
Public Ut ilitie s Bo a rd .reports •• ~ •
CHA RTER , Effective Da te •••••••••
CHIEF OF FIRE DEP AP TMEN T
See Fire De pa rt ~ent
Appointme nt and Re mo v al •
Emp lo y e e ~ discipline •••
CHIEF OF POLICE
See Police De p a rtment
• • • • I • • . . . . . .
Appointment a n d Re moval • • • • •••
Legal process, execution. • • • • ••
Employees, disci p line ••••••••
CITY ATTOR NEY
Appointnent and Re moval • • • • • • •
Bonds, approval • • • • • ••••
Co mpensation • • • • • • • • • •
Contracts, a pproval • • • • • • •
Deputies and e mployees • • • • •
Deputy to fill vacanc y • • • • • • •
Duties ••••••••••••••
Legal advisor for City •••••••
Ordinances, drafting • • • • • • • •
Qualifications • • • • • • • • • • •
Special Leg a l counsel • • • • • •
-37-
Section
23-5
11-2
3-7
8 -3
3-7
2-9
3-7
22-3
1-1
3-7
3-7
2-13
12-4
23-1
(C)
( E)
(E )
( C)
(C)
( 3 )
2-3,7-5
7-12
2-3,7-4
2-13
7-12
2-2
8 -3
2-4
8-3
8-4
2-10
8-2
3 -2
8 -3
8 -1
8-5
Pag e
33
19
5
16
5
4
6
31
1
6
6
4
21
:;3
3,15
1 5
3 ,15
4
1 5
2
1 6
3
16
16
4
16
16
.1 6
1 6
16
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CITY CLERK
Appointment and Reilloval • • • • • • •
Co mpensation • • • • • • • • • • • •
Custody of contracts, etc ••••••
Deputies and e mplo y ees • • • • •
_Deput y to fill v acancy •••••••
Duties • • • • • • • • • • • • • • •
Oaths, administering • • ••••
Ordina nces, attesting •••••••
Records of City, k eep ing ••••••
CITY E NGI NEER
Section
·2-2
2-4
9-1 ( c)
9-1 ( E)
2-10
9-1
9-1 ( D)
3~11
9-1 ( c)
Appointment and Removal ••••••• 2-3, 7-10
Duties, qu a lifications . • • • • • • • 7-10
Employee s, discipline • • • • • • • •• 7-12
Street Supe rintendent, consolida tion 7-11
CITY "MANA GZR
Absence or disab ility of • • • • • • 3-7 (H)
Appoint ment • • • • • • • • • • • • • 2-2
Boards, inv esti g ating p roceeding s • • 7-2 (M)
Budget, prep ar a tion • • • • • • • • • 7-2 (L)
Budget, subm itting • • • • • • • • • 17-3
Chief Ad mi n istr a ti ve Of f icer • • 7-1
Page
2
3
17
17
4
17
17
7
17
3 I 15
15
15
15
6
2
1 4
1 ,1:
2 5
1.3
Ch ief of Fire Dep artme n t, app oint ~en t 2-3, 7-5 3, 15
1 5
i:->
l!.5
1 5
1 4
Chief of P o lice, appoin,tme nt • • • • 2-3, 7-4 3 ,
City Eng in ee r, a ppointment ••••• 2-3, 7 -10 3,
City P hys ici a n, appoin tment ••••• 2-3, 7-7 3,
City Pl ann ing Direc t or, a p poi nt ment • 2-3, 7-11.l 3,
Contr a cts, enforcement • • • • • • • 7-2 (H )
Council mee t ing s, a t t endance • • • • 7-2 (E )
Counting mo n ey in t re a sury ••••• 17-10
Emergency Revolving Fund • • 17-12
Employees, a p p e a l on d iscip li n e • 7-12
Employees, rules f or • • • • • • 7-2 (0)
Fire Depa rtment, a ppointments . • • • 7-2 (K)
Fr a nch ises, performa nce • • • • • • 7-2 (H )
Full time, devoting • • • • • • • • 7-2 (N)
Golf Courses, superv ision • • • • • • 7-2 (I)
·Health Officer, appo intment ••••• 2-3, 7-6
Influencing or int erf ering with • • • 7-3
Officers and e mplo y ees, super v ision • 7-2 (C)
Parks, sup ervision • • • • • • • • 7-2 (I)
Police Depart ment, appointments • • 7-2 (K)
Police Secret Fund • • • • • • • • 17-11
Policies, reco ram ending to Council • • 7-2 (F)
Powers and duties • • • • • • • • • • 7-2
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1'1
27
2 7
15
1 4
1 4
1 4
lt1
1 4
3 I 15
1·1
13
1 3
1 3
2·1
l'!
13
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City Manager (Continued):
Public property, supervision • • • • 7-2 (I)
Public Utilities Board, me Db er ••• 10-3, 23-4
Purch a sing Ag ent • • • • • • • • • • 7-2 (D)
Qualific a tions • • • • • • • • • • 7-1
.Re moval • • • • • • • • • • • • • • 2-2
Salary • • • • • • • • • • • • • • 2-4
Street Supe rintendent, appointment • 2-3, 7-9
Technica l a d v isory e x per t s • • • • 7-2 (J)
CITY P HYSICIJl.N
Appo i ntment and removal • • • • • •
Duties, q u a li f ications •••••••
Eapl oyee s , d iscipline •••••••
Health Officer, consolidation •••
CITY PL AmH HG BOl rn D
See Bou.rds
Ap p o i ntmen ts • • • • • • •
Est ab l i s h ed • • • • • •
. . . . . . . . .
Me mb e rs h i p , te rm s • • • • ~
Powers a n d duties • • • • •
Planni n g Dir e ctor, Secret a ry
. . . . . . . . . . . .
CITY PL ANN I NG DIRE CTOR
Ap p oint ~en t s • • •
CIVIL S ERVIC E BOARD
See Bo a rds
. . . . . . . . .
Appe a ls to • • • • • • • • • • • , • •
Appointme n ts • • • • • • • • • • • •
Civil Serv ice System, a dminist 3 ri~g
Est ab lis h ed • • • • • • • • • • • •
Membership, ter ms •••••• ~ ••
Pow~rs • • • • • • • • • • • • • • •
CIVlL S ERVICE SYSTEM
Administration • •
Council to adopt •
CLAI MS (Bills)
. . . • • • • • •
• • • . . . . . .
Presentation and Allowance • • • • •
2-3, 7-7
7-7
7-12
7-8
10-2
10-1
10-2
14-1
7-11.1
7-11.1
13-3
10-2
13-1
10-1
10-2
13-1
13-1
13-2
4-5
1 4
17,33
13
13
2
3
3,15
1 4
3,15
15
15
15
17
17
17
23
15
15
23
17
23
17
1 7
23
23
23
11
CONFLICT CF I NTEREST • • • . . . . . . . 22-1 (A ) 31
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· CONTRli.C'l'S
Audi tor to endorse. • • • • • • • •
City Attorney to approve •••
Custody, City Clerk • • • • • • • •
Enforcement by City Manager • • • •
Financial interest of employees • •
Letting, on b ids • • • • • • • • •
Public Utilities Bo~r d , purchilses •
Public Utilities Board , construction
Wri tte.n, when required. • • • • • •
COUNCIL
Action, h ow taken •••••••••
Action, vote required •••••••
Bids, awarding contract •• _ ••••
Boards, ;ippointments •••••••
Boards, rer:10val of raerilber s • • •
Bonds, fixing •••••••••••
Budget, adopting •••••
Bulletin in lieu of advertising
Cash 3asis Fund • • • • • • • • • •
City Attorney, appoint ment ••••
City Clerk, appointDent ••••••
City Manager , appoin~ment •••••
City Manager, to attend meetings
Civil Service System •••••••
Co~pens ation of Council ~en • • • •
Councilmen, nu ~ber • • • •••••
De mands, allowance ••••••••.
Duties • • • • • • • • • • • • • •
Eoergency, declaration of ••••
Emergency ordin~nces • • • • • • • •
Emergency Revolving Fund •••••
EmployLlent, establishing positions •
Franch1ses , granting ••••••••
Gifts,· power to accept •••••••
Initi~f ive and Referendum • • • • • •
Investig ations oy City Manager •
Leasing for ~ore than one year •
Library Fund, budget ••••••••
Mayor,· elected • • • • • • • • • • •
Nayar,. pro tern • • • .• • • • • • • •
Mayor, vacancy •••• ~ ••••••
Meetin~s ~ • • • • • • • • • • • • •
Meetings, May or to preside •••••
Motions, action by •••••••••
Offices, establishing •••••••
Offici n l newspaper, designating ••
Ordinances, passage • • • •••
Org an ization • • • • • • • • • ••
Pensioa System, establishing • • • •
Police Secret Fund • • • • • • • • •
Section
4-7
8-3
9-1 ( C)
7-2 (H)
22-2
3-15
12-1 (C)
12-3 (B)
3-15 ·
3-8
3-4
3-15
10-2
10-9
3-7 (E}
17-4
3-1 8
17-13
2-2
2-2
2-2, 7-1
7-2 ( E)
13-2
2-4
2-1
4-5
3-7
6-1
3-12
17-12
3-7 ( G)
18-1
22-10
3-3
7-2 (G)
3-10
16-2
2-1
6-2
6-3
3-7 (B}
6-1
3-8
3..;7 ( G)
3-18
3-11
3-7 (A )
3-7 (I)
17-1],
Page
12
16
17
13
31
8
20
21
8
7
5
8
17
1 8
·6
25
9
25
2
2
2,13
14
23
.3
2
L .
t ·' 1:: .,
2·,i
6
2f
3/.
1.-
~·
14
7
24
2
13
13
r:.
~
13
7
6
9
7
5
6
27
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Council (Conti nued): Section
Powers • • • • • • • • • • • • • 3-1
Powers and duties, co nferring
on Bo ards and officers • • 3-2
Public Utilities Board, appointments 10-3
Public Util ities Board , borrowing • 12-3 (E)
Rera oval of appointed officers • 2-2
Resolutions, action by • • • • • • 3-8
Sal ar ies and Nages, fixing • • • • 3-7 (G)
Soci a l Serv~ce Board, appointment s 10-4
Special legal counsel • • • • • • • 0-5
S pe c ial Meet inss • • • • • • • • 3-7 ( 3)
Tax Ra-te , fai l ure to fi x • • • • • • 1 7-6
Tax Rate, fixing •••••••••• 17-4, 17-6
Traveling expenses, fixing • • • • • 22-7
V a cancies, h ow filled • • • • • • • 2-7
Vac a tio ns, providing f or • • • • • • 3-7 (D)
COU NCILHEN
Ab sence creating vac an c y
At·tencfo.nce , c or.lpel l ing • •
Cit y Manager , influenci ng
Spe c i a l ~cetin g s, calling
Va c ancy, how fi l led •••
COUR'l'S, Unaffected hy Churter
-D-
. . . . . . . . . .
. . . . . . . . . .
. . . . .
DA.Y NURSEE':I ES , Supervi s ion ••• . . . .
DEMANDS , Presentation and allowance . .
-E-
EI.JE CTIO NS
Candi dates elected • • • • • • •
Generc:.l I.J a w app l i cab le • • • • • • •
Gene ra l, when held •••••••••
Kinds • . • • . • • • . . . . . . .
Recal l , see Re call
Spe cial, c a lling
Tie vote • • • •
EMP I ... OYEES
. . . . . . . . . . . . . . . . . . .
Civil Serv ice S y sten • • • • • • •
Continuing in o ff ice • • • • • • •
Disci pl ine, appeal • • ••••••
Felo ny , forfeiting e mployment •••
Fin anc i al interest • • • • • •
Misconduct • . . . . . . . . . . .
-41-
3 -6
3-5
7-3
3-7 ( B)
2-7
23-6
15-1 ( D)
4 -5
19-12
19-3
19-2
19-1
19-2
19-13
13-2
23-3
7-12
22-4
22-1 (A )
22-1
Page
5
5
17
21
2
7
G
1 8
16
5
26
25,2 6
32
3
6
. 5
5
14
5
3
33
24
11
29
2 8
28
2 8
23
29
23
33
15
31
31
31
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Employees (Continued):
Pension sys t e n • • • • • • •
Residence • • • • • • • • •
Travel e xpense s • • • • • •
. . . . . .
• • •
Vac at ions • • • • • • • • • • • •
.Unauthorized paynents ••••••
-F-
FINAN CE AN D TAXATION
Auditor, ch arge of finances •••
Budget, City Ma nager to submit ••
Budget, Cou n cil t o adopt •••••
C ash Bas is Fund. • • • • • • • ••
Counting mone y in treasury • • • •
Dollar lin it •••••••••••
Energency Revolv ing Fund • • • • •
Estinates of dcpartraent • • • • •
Fees of Off icers • • • • • • . . . . . . . Fiscal year • • • • • • •
General Fund, tr ansfers by
Public Utilities Board
Gener al L~w appli c a~le • • •
Police Secret Fund • • • •
. . . . . .
Tax rate, Co unc il .-to f i~c •
Tax r ate , fa ilur e to f i x •••••
Treasury, depositing f unds . in ••
FIRE . DEP1\R':i:'HENT
Appoint n ents, Ci ty Ma n ager ••••
Chief, appo intmen t , re,, oval • • •.
Discipline of nember s by Chief • •
Discipline of !:lembers by City r l anager
Dis miss a l, appeal • • • • • • ••
Emergency, Mayor to co mDan d •••
FISCAL YEllR . . . . . . . . . .
FRANCHIS E S
Conditions • . . . . .
. . .
. . . .
Granting, by ordinance ••••••
Terms • • • • • • • • • • • • • •
Violat i ons, City Ma nager to report
-42-
Section Page
·3_7 (I) 6
2-5 3
22-7 32
3-7 (D) 6
22-3 31
4-2 11
17-3 25
17-4 25
17-13 27
17-10 27
17-5 25
l "/-12 27
17-2 25
1 7 -9 27
17-1 25
12-6 22
17-7 26
17-11 27
17-4,17-6 25,26
17-6 26
17-8 26
7-2 (K) 14
2-3,7-5 3 ,15
7-12 15
7-2 ( c) 13
13-3 23
6-1 13
17-1 25
18-1 28 -
3-10 7
18-,l 2 8
7-2 (H) 14 ,
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Section
-G-
GENERA L FUN D
Tran s f e rs to, Pub lic Utilities Bo a rd • 12-6
GENE R hL L AW , Hhen app licab le ••• . . . .
GOI,F COURSE
City Ma n ager to supervise . . . . .
-H-
HE.i\L TH D EPJ~RT I 1ENT
Emp l oye e0, d iscipline o f •••••••
Hea l th Offic e r , appo i ntme n t •••
T r a nsfer to Co un t y o f Al am ed a • • • •
HEA L TH OFFICER
1-2 ( E)
7-2 (I)
7-12
7-6
3-19
Ap po i nts en t a nd removal ••••••
Cit y Physi c ian , consoli da tio n ••
• • 2-3 ,7-6
Po wer s a n d d uties • • • • • • • •
7-8
7-6
Quali f ic ati ons • • • . . . . . • • • 7-6
-I-
I NI TI ATI VE
Ge n .e ra.1. lai1 2pp licab le • • •
SubLlis s io n by Co uncil • • •
-L-
LEA S ES
Custo dy, Ci t y Clerk ••••
L o n g e r than one ye a r • • •
P ubl ic Ut ili ties Board • •
LI BRA RY BOAR D
See Bo a r d s
Appoin t Dcnts • • . . • . • •
Budget . . . • • . • . . •
Es t a l:)lishe d • • • . • • .
Fines, g i ft s, etc . . . . .
Libr aj:-y F und created • • •
Li b rar y s y stem, control • •
Mem b ers h i p , terms . • . • •
Non-resident privileges • •
Powers . . . . . • • •
Purch a ses • • • • . . • •
Rules a nd regulations • .
-43-
. . . . . . . .
. . . . . . . . . .
• • • • •
• • .
• . • • •
• . . • • . .. . . •
• • •
• • . . •
• . • • .
• .. • . •
• • • • •
• . • . •
• . . • .
2 1 -1
3-3
9-1 ( c)
3-10
12-2 (C)
10-2
16-2
1 0-1
16-3
16-1 (B)
16-1 (A )
10-2
16-1 (E)
16-1 ·
16-1 ( D)
16-1 (C)
22
1
1 4
15
15
9
3,15
15
15
15
3 0
5
1 7
7
20
17
2 4
17
25
2 4
2 4
17
2 4
24
24
') A L. ... ,:
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MAYOR
Absenc e , Vice May o r t o a c t ••••
Bo ards , nomination s ••••••••
Co mpensation • • • • • • • • • • •
Co unc i l meetings , presiding •••
Counting money in treasury • • • •
Ele c ted • • • • • • • • • • • • •
Funds for use of • • • • • • • •
Official head of City • • • • • •
Pro c laQat ion , government by •••
P u b l i c u·tili ties Board, n o minations
Re mova l • • • • • • • • • • • • •
~ocial Service Board , no~in a t i ons
Special meeti ng s, calling ••
Va c ancy , how filled • • • • • • •
MULTIPLE DHE LLIHG UNI'l'S
Piohi b ited • • • • • • • •
Exc ept i ons • • . . . . . . . . . .
H U1'1'I CIP.t\.L Ji.FFll.IRS , P o wer o ve r . . . .
-0 -
OATH OF OPFICE
Co u n c:i.l to pres cri b e • • • • • •
F ailure to take • • • • • • • • •
F i ling with Cl e r k • • • • • • • •
OATHS
City Cl e r k t o adm ini ster
Wh o n~y admi nis t e r • • • •
OFFI CER S
. . . . . . .
Abs e nt from Ci ty • • • • • • • •
Appo inted by City Manager • • •
Appo i nt e d by Co unc il • • • • • •
Assessor , Au dito r ex-o f ficio ••
Au d i tor , elec t i v e • ~ • • • • •
Bonds • ~ • • • • • • ~ • • • •
Bo nds, fa i lure to f il e •••••
Bu dget , su~m i tting •••••••
Ch ief o f Fire Depar tnent , appt .
Ch ief o f Pol ic e , appoint men~ ••
Ci ty At torney , appo i ntment •••
City tlcrk , appo i ntment • • ••
City ~ng i neer , appo i ntnent •••
Ci ty Nan~ger , appoi ntraent •••
Ci ty P hy si c ian , appointnent ••
-44-
Section P age
6-2 13
10-2 17
2-4 3
6-1 1 3
17-10 2 7
2-1.1 2
6-4 13
6-1 13
6 -1 13
1 0-3 17
2 -2 2
10-4 1 8
3-7 (B ) 5
6-3 13
26-1 3 4
26 -2 34
1-2 1
3 -7 (F ) 6
2-9 4
3-7 ( F ) 6
9-1 ( D ) 17
2-13 4
2-9 4
2-3 3
2-2 2
2-1 2
2-1 2
.3-7 ( E ) ,.
0
2-9 4
17-2 25
2-3,7-5 3,15
2-3,7 -4 3,15
2-2 2
2-2 2
2-3 ,7-1 0 3., 1 5
2-2 2
2 -3,7 -7 3., 1 5
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Officers (Continued):
City Planning Director,
Co mpensation • • • • •
appoint ment . . . . . .
Co ~p ens a tion, incre a se and dec~ease
Continuing in office • • • • • • •
Co u ncilo en, elected • • • • • ••
Deputies a s • • • • • • • • • • •
Electi v e, term • • • ••••••
Elective, wh o a r e ••••••••
Fees, p roperty of Ci ty ••••••
Felony , fo r f eiting o ff ice ••••
Fin a nci2l interest • • • • • • • •
Fire C ~ief , appoi n t ment •••••
Hea lth Of ficer, a ppo i n t men t •••
Inelig i b ili ty • • • • • • • • ••
H a yor, elected . ·. . • • • • • • •
M iscon du c~ • • • • • . . . . . .
Oat h o f Of f ice, fa ilure to take
Oath o f Off ic e , f iling ••••••
Oaths, p m ;er t o adn inis te r • • • •
Pension s y s tc~ for • • • • • • • •
Rec a ll, see .Recall
Re mo v al • • • • • • • . . . .
~esi deu cc • • • • • • • • • •
Street Super i ntenden t , aopoi n t me n t
7ax Co llecto r, Txe 2s ur e r cx-o fi icio
Tr a veli ng e xp enses • • • • • • • •
T re Qsurex, e lective •••••••
Unau thc r i z e d pay ra ents, liab ili t y for
Vacancie s , ~o w filled ••••••
Vac at i ons • • • • • • • • • • • •
Who are • • • • • • • . . . . . .
OFFICES
Busine~s h o u rs •••.••.•••.••
Depu t y to fill vacancy • • • • • •
Vacancy , clectiori of successor · ••
Vacancy, filling • • • • • • •
OFFICIAL NE WSP AP ER
Council to d esig nate
See Adv ertising
• • • • • • •
ORDI NANCES
Action of Council by
A mendi.lCnt . . . . . • •
Attesting by City Clerk
City Atto r ~ey t o draft •
E~f ecti v c d 2te • • • • •
Em erg ency • • • • • • • •
Enforcement, City Manager
-45-
. . . . .
• • . . . . . . . . . . . . . . . . . . . . . . . . .
Section Pu.ge
2-3,7-11.1 3,15
2-4 3
22-9 32
23-3 33
2-1 2
2-12 4
2-6 3
2-1 2
17-9 27
22-4 31
22-1 (A ) 31
2-3 2
2-3 2
2-11 4
2-1.1 2
22-4 31
2-9 4
3-7 ( F) 6
2-13 4
3-7 (I) 6
2-2 (B) 2
2-5 3
2-3,7-9 3,15
2-1 2
22-7 36
2-1 2
22-3 31
2-7· 3
3-7 ( D) 6
2-12 4
22-8 32
2-10 4
2-3 3
2-7 3
3-1 8 9
3-8 7
3-11 7
3-11 7
8 -3 16
3-12 7
3-12 7
7-2 ( B) 13
I
Ordinances (Continued) :
Passage . . .. . . . . • . . . . . .
Publication . . . . . . . . . . . .
Re-enactme nt a n d a me n d ment
Remaining in force . . . .
.Submitting to electora t e ....•
When necessary . . . . • . . .
PARKS
City Manager to supervise
PENSION SYST EM
Council to establish
PLANNING
See City Plann ing
POLICE DE P ART MEN T
Chief, appointment , r e mo v al ..
Discip line o f mem b er s by Chief
Discipl i ne, by City Ma nage r ....
Dismissa l , a ppe al .....
Emergency, May or t o command ....
Police Secre t Fun d • . . .
POWERS
Conferring
Horne Rule
Municipal
Of City .
·vested in
b y council
Affairs . .
Council .
PUBLIC PROPERTY
. . . . .• . '•
·City Manager to Supervise
PUBLIC UTILITIES BOARD
See Boards
Advertising . . . . . .
Appointments . . .
· Borrowing money . .
Budget, ado p ting . . . . .
City Manager as Me mber
City Manager ex-officio me mber
Constr u ction work . . . . . . . • .
Contracts . . . . . .
Duties . . . . . . . . . .
Earnings, disposition . . . . .
Employees, control over . . . . . .
-46-
Section
·3-11
3-14
3-13
23-2
3-3
3-10
7-2 (I)
3-7 (I)
2-3,7-4
7-12
7 -2 (C)
13 -3
6-1
17-11
3-2
1-2
1-2
1-2
3-1
(D)
7-2 {I)
12-2 (B)
10-3
12-3 (E)
12-4 (D)
10-3
23-4
12-3 (B)
12-1 (C)
12-4
12-6
12-3 (D)
Page
7
8
8
33
5
7
14
5
-3, 15
15
13
23
13
27
5
1
1
1
5
14
20
17
21
22
17
33
21
20
~1
22
21
Public Utilities Board (Continued) :
Engirieer as member . . . . . . .
Established . . . . . . . .
General Fund, transfers to .
Membership, terms . . . . . . .
Powers . . . . . . . . . . .
Powers without competitive bids
Purchases . . . . . . .
Rates, fixing . . . . . . . . .
Real property, acquisition .
Records . . . . . . . .
Reports to Council . . . . .
Reserve for contingencies . . .
Reserves, investment . . . .
Revolving Fund, p urchases . . .
Sale obsolete p roperty .
Store room s y stem . . .
Terms, expiration .
Utilities, control and management
Utilities, engaging
PUBLIC WORKS
Bids . . . . .. . . ,
Council may do .
Emergency
in . .
Preference for residents .
PURCHASES
. . .
. . . . . . . . . .
. . . . . . . . . .
. .
. . .
. .
Bids . . . . . . . . . . . . . . . .
City Manager Purchasing Agent ..•
Open market . . . . . . . • • •
Preference for residents . • • .
Public Utilities Board .
REAL PROPERTY
Acquisition or transfer by ordinance
Financial interest of officer ... .
How held ............... .
Leasing . . . . . . . . . . . . . .
Public Utilities Board, acquisition.
RECALL
Officers subject to
Procedure . . . . •
RECORDS
Inspection . . . . . . . . . .
-47-
Section
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)
12-4 (B)
12-6
12-3 (F)
12-2 (D)
12-3 (A)
12-4 (C)
23-4
12-1 (A)
12-5
3-15.1
3-15
3-15
3-17
3-15.1
7-2 (D)
3-15
3-16
12-1 (C)
3-10
22-2
22-11
3-10
12-2 (C)
20-1
20-2
22-5
18
17
22
17
20
20
20
21
20
21
21
22
21
20
21
21
33
20
22
8
8
8
9
8
13
8
9
20
7
31
32
7
20
30
30
31
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REDEVELOPMENT PLAN . • . . . •
REFERENDUM
General law applicable . .
Submission by Council .
RESOLUTIONS
Action of Council by
SCHOOLS
See Board of Education
SOCIAL SERVICE BOARD
Sec-: Boards
Appointment
Established
Membership,
Powers . .
terms .
SUPERINTENDENT OF STREETS
-s-
. . . . . . .
Appointment and removal . . . . . . •
City Engineer, consolidation ....
Employees, discipline by City Manager
Employees, discipline by Superintendent
-T-
TAXATION
See Finance and Taxation
TAX COLLEC'l'OR
Treasu r er as . . . . . . • .
Duties, Treasurer to perf6rm
TREASURER
Compensation . . . . . . . . . • . •
Deputy to fill vacancy . . . . . . .
Elected . . . . . . . . . . . .
Employees and deputies . . • • .
Ex-officio Tax Collector . . • • . .
Payment of money . . . . • . . • . •
Receipt of money • . . . . •
Tax Collector, duties . . .
-48-
Section Page
25-1 34
21-1 30
3-3 5
3-8 7
10-4 · . 18
10-1 17
10-4 18
15-1 24
2-3,7-9 3 : ,15
7-11 15
7-2 (C) 13
7-12 15
2-1 2
5-1 12
2-4 3
2-10 4
2-1 2
5-1 12
2-1 2
5-2 12
5-3 12
5-1 12
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URBAN RENEWAL .....•
UTILITIES, Engaging in .......•.
See Public Utilities Board
-v-
VACATIONS
Council to fix . . . . . . . . . . .
-w -
WARRANTS
Payment of money upon .
When drawn . . . . . . .
-z-
ZONING
City Planning Board . . . . . .
. '
-49-
Section
25-1 34
12-1 (A) 20
3-7 (D) 6
5-2 12
4-6 11
. 14-1 23
·'