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Resolution 0282977 RESOLUTION NB. 2829 SUBLITTINE TO THE qUALIFIED ELECTORS OF THE CITY OF ALAMEDA PROPOSALS TO AMEND TEE CHARTER OF THE CITY OF ALAMEDA, TO BE VOTED UPON AT TEE GENERAL MUNICIPAL ELECTION TO BB HELD IN SAID CITY ON TUESDAY', MARCH 9, 1943, WIFER2A0, Pursuant to the provisions of Article XIX of the charter of the Gity of Alameda and of Resolution No. 2825, heretofore adopted by this Council, a General Municipal Election is called and ordered to be held in. the City of Ala- meda, County of Alameda, State of California, en Tuesday, March 9, 1943; and WHEREAS, in the opinion of the Council of said city public interest de- mands that the charter of said city be amended as hereinafter specified and said Council, on its own motion, intends to submit to the qualified electors of said city, as authorized by Section. 8, Article XT, of the Constitution of the State of California, seven separate proposals for amending the charter of said city; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF 1HE CITY OF ALAMEDA AS POLLOWS: That the Council 5f the City of Alameda, or its own motion, does hereby submit to the electors of said city, to be voted upon at the General Municipal. Election to be held therein on March 9, 1903, seven separate proposals for emend- ing the charter of said City of Alameda, which proposals shall be in words and figures as fellows, to wit: PROPOSAL NC. 1 That Sep. 3-10, of Article III, of the charter of the City of Alameda be amended to renct as follows: "Sec. 3-10. All acts of the Council imposing penalties, prescribing public regulations, granting franchises, or providing for the acquisition, trans- fer, or lease for a period longer than one year, of real property, shall he by ordinance; provided, however, that the acquisition of real property, or any interest therein, may Le authorized. by resolution when the purchase price to be paid, together with any obligation imposed on the City Ln connection with any such acquisition, does not exceed the sum of $1,000.00, or when such acquisition in to be accomplished by condemnation in eminent domain proceedin3b, or in connec- tion with public 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 general law of the State of California, such property hap been acquired, or is transferred or acquired, in satisfaction, foreclosure or enforce- ment of a lien for taxes or onecial assessments of any character." PROPOSAL NO. 2 That co. S 3-12, of Article III, of the charter of the Gity of Alameda te amended to read es follows: "Soc. 3-12. No ordinance shall become effective until thirty days from and after the date of ito final passage, except an ordinance calling or otherwise relating to an election, or an ordinance determining the amount of money necessary to be raised by taxation, or fixing the rate of taxes to be levied, or an ordinance relating to a street improvement proceeding taken under some law, or an ordinance relating to public improvements or work the cost cf which, or any portion of which, LO to be borne by special assessments against property benefitted thereby, or an ordinance for the Lmnediate preservation of the public peace, health or safety, which contains a declaration of the facts constituting its urgency, and is passed ty a four-firths vote of the Council, or an ordinance 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. Ordinances for the immediate preser- vation 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 et either a regular or special meeting. No grant of any franchise, however, stall ever he construed as an urgency or emer- gency mesoure." PROPOSAL NO. 3 That Sec. 17-7, of Article XVII, of the charter of the City of Alameda be amended to read as follows: Li "Sec. 17-7. Unless otherwise provided by ordinance, the levy and collection of City tames shall be pursuant to general law for the levy and col- lection of State and County taxes, and to that end. all duties required by general law to be performed by County officers shall he performed by the City officers performing similar duties. Every tax levied pursuant to law shall be a personal obligation of the person to whom the property or the tax is asSessed. Every tax shall be and con- stitute a lien on the property assessed and, as to taxes on personal property, on the real property 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 waxes on assessments of possessory interests, on the other taxable real property of the owner in this city. The time when taxes for any fincal year become a lien on property is at noon on the Ili 01 Monday is. March preceding the beginning of the fiscal year for which the taxes are to be collected. Except as otherwise provided in thts section, the personal obligation is satisfied and the tax lien removed when, but not before, (a) the tax is paid. or legally canceled, or (h; for ace.-payment of any taxes, the property is sold to a nrivate purchaser or deeded. to the City. After thirty yearn suaceeding the time, heretofore or hereafter, when any tax becomes a lien, if the lien has not been otherwise removed, the lien ceases to exist and the tax is conclusively presumod to be said - PROPOSAL NO. I, That, 5ec. 17-9, of Artible XVII, of the charter of the City of Alameda Lo amended to read as follows: "Sec; 17-9. All charges, feeo, commissions and. percentagps collected or received by any offiser 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 COUrICii may by ordinance provide that the. Healtt Officer of the City shall. • he 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 of birth and death certificates." PROPOSAL NO. 5 That Sec. 19-3, cf Article XiX, of the clarter of the City of Alame,a be amended to read as fellows: "Sec, 19-3. The provisions of the Elections Code and the Constitution if the State of California relating to no qualifications of electors and voters shall govern in all municipal elections. Except es otherwise provided in this charter or in Inc ordinance enacted by the affirmative vote of four members of the Council, the provisions and procedure provided in the Elections Code and the general law of the State of Coliforneia, now in effect and aa hereafter wended 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 appli- cable, shall govern all elections in this City. ThQ Council and the City Clerk, resbectivriy, shall exercise the powers and oerferm the duties conferred or im- posed by lair or 'Hoards cf Supervisors and County Clerks, respectively, concern- ing elections. For Inc purpose of this article, all seats or positions on the Council shall be considered as a single office fur which as many persons are to be se- lected as Beare are full and unexpired terms to be filled. No election, either general or special, Shall be set aside for any errcr, irregularity or defect in the proceedings leading up to said election or Lh said olection when the provisions of law governing the same are substan- tially complied with and where a fair expression of the will of the electorate is secured." PROPOSAL NC. 6 That there be added to Article XIX of the charter of the City of Alameda a new section to be known as Sec. 19-15 and which shall read as follows: "Sec. 19-15. No person shall be entitled to vote at any City election unless he shall be registered as a voter in the office of the County Clerk of Alameda County and. unless he would have been. entitled to vote in a precinct in 79 this city at a State cr County election held en the same day as such. City election. The registers used at all City elections or in connection with the cer- tification of any petition provided by law shall be the books of current affida- vits of registration kept in the office of the County Clerk of Alameda County for voters within this city PROPOSAL NC. 7 That there be added to Article XIX of the charter of the City of Alameda a new section to be known as Sec. 19-16 and Which shall read as follows: 'Sec. 19-16. At any time not later than twenty days before any election, and without reference to any procedure provided therefor in the Elections Code, the Council. may divide the City into eiection precincts and may change the boun- daries of, create new, or consolidate established precincts. In the ordinance or resolution establishing, changing or consolidating precincts the boundaries there- uf may be defined by reference to exterior descriptions or delineations on ore- cinct maps or both, or by reference to orders or resolutions of the Board of Supervisors of the County al Alameda last theretofore establishing precincts with- in the City ferholding general. State and County elections. Unless precincts be established as herein. provided, they -shall remain as last theretofore established within the City by said rioard of Supervisors for holding general State and County elections. In case a City election is consolidated with a State or County election the precincts and polling places for such municipal election shall be as estab- lished within. the City by the Board of Supervisors of the County of Alameda for the holding of such. State or County election. It shall not be necessary to set forth in any ordinance or resolution calling or relating to such consolidated municipal election the election officers for Mae several precinct boards, but reference may be made to tha resolution or ordinance of said Board of Supervisors appointing election officers for such State or County election. At all municipal elections the election officers for each precinct board shall consist of one inspector, one judge and two clerks, except that the Council may determine that one inspector, one judge and one clerk is sufficient." HE IT FURTHER RESOLVED that the City Clerk be, and shu is hereby, di- rected to cause such proposals for amendinz such charter to be published once in the Alameda Times-Star, a daily newspaper of general circulation, published and circulated. in said city, and the official newspaper of said city; that said City Clerk shall cause copies of said oroposals to be printed in convenient camnhiet form, and in type of not less than ten point, and shall cause copies thereof to be mailed to each. of the qualified electors al said city, and shall *also, until the day fixed. for said election, advertise in the aforesaid newspaper a notice that such copies may be had at the office of said City. Clerk, in the City Hall, upon application therefor, all in the manner reaulred by the Constitution of the State of California. * 0 0 * * * 0 * * * * I, the undersigned, hereby certify that the foregoing Resolution was duly acid regularly introduced and adopted by the Crnsicil of the City of Alameda in adjeurnad regular meeting assembled on the 25th day of January, 1943, by the following vote, to wit: AYES: Councilmen Dranscheid, Hcwe, Jones, Maurer and Frasident Godfrey, (5). 'WES: None. ABSENT: None. 11 WIMSS WHEREOF; I have hereunto set my hand and affixed the offi- eial seal of said City this 26th day of January, 1943. LOIEEMF R. BEATIN (SEAL) City Clerk cf the City oT Alameda. 0 0 0 0. * 0 0. * 0 I hereby certify that the foregoing id a full, true and correct copy of "Resolution Nc. 28290 SHBMITINO TO TEE ZALIFIED ELECTORS OF THE CITY OF ALAMEDA PROPOSALS TO AMEND THE CHARTER OF 021 CITY OF ALAMEDA, TO PE VOTED UPON AT THE GEND7REL iTINICIPAL ELECTION' TO BF NEED IN SAID CITY ON TUESDAY, MARCH 9, 1943," introduced and adopted by the Council on the 25th aay of j'enuacy, 1-» la af--/ it* Clerk f the Nity of Alameda.