Loading...
Resolution 07886331 CITY OF ALAMEDA RESOLUTION NO. 7886 PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA UPON MOTION OF THE CITY COUNCIL; CALLING A SPECIAL MUNICIPAL CHARTER ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF PROPOSALS TO AMEND SAID CHARTER, VIZ: (1) BY AMENDING SECTIONS 2-1 AND 2-3 THEREOF, AND ADDING SECTION 3-2.1 THERETO, RELATING TO THE ESTABLISHMENT OF A CENTRALIZED FINANCE DEPARTMENT, BY PROVIDING THAT THE CITY COUNCIL MAY COMBINE FUNCTIONS OF ADMINISTRATIVE DEPARTMENTS, AND THAT THE OFFICES OF AUDITOR AND OF TREASURER SHALL BECOME APPOINTIVE; (2) BY ADDING SECTION 3-20 THERETO AND AMENDING SECTION 17-4 THEREOF, RELATING TO AUTHORIZATION TO THE CITY COUNCIL TO TRANSFER, BY ORDINANCE, TO THE COUNTY OF ALAMEDA ANY OR ALL THE CITY'S PROPERTY ASSESSMENT AND TAX COLLECTION FUNCTIONS, SUBJECT TO THE RIGHT OF THE CITY AT ITS OPTION TO RESUME SAID FUNCTIONS; (3) BY AMENDING SECTION 2-5 THEREOF REDUCING PERIOD OF TIME, FROM THREE YEARS To ONE YEAR, CERTAIN OFFICERS SHALL HAVE BEEN ELECTORS OF THE CITY; (4) BY AMENDING SECTION 2-4 THEREOF TO PROVIDE THAT EACH COUNCILMAN SHALL BE PAID $100.00 PLR MONTH, RATHER THAN THE PRESENT MAXIMUM OF $40.00 PER MONTH; (5) BY AMENDING SECTION 2-1.1 THEREOF TO PROVIDE THAT THE MAYOR SHALL RECEIVE A COMPENSATION OF $350.00, RATHER THAN THE PRESENT 5200,00, PER MONTH; FIXING DATE OF SAID ELECTION, MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE PRIMARY ELECTION OF THE STATE OF CALIFORNIA TO BE HELD ON JUNE 6, 1972 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA as follows: Section 1. The Council of the City of Alameda hereby proposes on its own motion to amend the Charter of the City of Alameda by (a) adding Sections 3-2.1 and 3-20 thereto, and (b) amending Sections 2-1, 2-1.1, 2-3, 2-4, 2-5 and 17-4 thereof, all to read as set forth in the printed pamphlet provided for in Section 6 hereof, and in the notice entitled, "Proposed Amendments to the Charter of the City of Alameda hereinafter set forth in Section 3 hereof. Section 2. The Council of the City of Alameda hereby proposes to and dues hereby on its own motion submit to the qualified electors of the City of Alameda, at the Special Municipal Charter Amend- ment Election hereinafter provided for, a proposal to amend the Charter of the City of Alameda set forth in said notice hereinafter set forth in Section 3 of this resolution and designates and refers to said proposal as the proposal to be set forth in the form of ballot hereinafter prescribed for use at said Special Municipal Charter Amendment Election, Section 3. The City Clerk of the City of Alameda is hereby ordered and directed to cause said proposed amendrents to the Charter of the City of Alameda to be published once, not less than forty (40) and not more than sixty (60) days prior to the date of the Special Municipal Charter Amendment Election hereinafter provided for, in the ALAMEDA TIMES-STAR, the official newspaper of said City, and in each edition thereof during the day of publication, said newspaper being a newspaper of general circulation published at least six days a week in said City of Alameda; and such publication may be in substantially the following form: PROPOSED AMENDMENTS to THE CHARTER of the CITY OF ALAMEDA Special Municipal Charter Amendment Election June 6, 1972 (Consolidated with Primary Election of the State of California) The Council of the City of Alameda hereby proposes on its own motion to amend the Charter of the City of Alameda: ' 1. By amending Section 2-1 to read: Sec. 2-1. The following elective officers are hereby established: The Mayor and four Councilmen, who shall constitute the Council. (Effect: would change, "Five Councilmen'' to, The Mayor and four Councilmen"; would eliminate, "Auditor, who shall be ex-officio Assessor; Treasurer, who shall be ex-officio Tax Collector.") 2. By amending Section 2-3 to read: Sec. 2-3. The following offices are hereby established and the incumbents thereof shall be appointed by and hold office at the pleasure of the City Manager: Chief of Police; Chief of the Fire Department; Health Officer; City Physician; City Engineer; Superintendent of Streets; City Planning Director; City Auditor; City Treasurer. (Effect: would add, "City Auditor; City Treasurer"; otherwise unchanged.) Tr 3. By adding a new Section 3-2.1 to read: Sec. 3-2.1. The Council may, by ordinance or resolution, provide the form of organization through which the functions of the City under the jurisdiction of the City Manager are to be administered. Any combination of authorized duties, powers and functions which in the judgment of the Council will provide the most efficient and economical service possible, consistent with the public interest and in keeping with accepted principles of municipal administration, may be authorized by such Council action. All departments or other administrative agencies so created shall be administered by the City Manager and shall be responsible to him. 4. By amending Section 17-4 to read: Sec. 17-4. Not later than the third Tuesday in September of each year, the Council shall adopt e budget and fix the rate of City taxes to be levied and collected upon the property assessed for taxation within the limits of the City, on the basis of the valuation thereof as shown by the assessment roll in the office of the City Assessor. Such rate, after allowing three per cent of the assessed valuation for delinquencies, must yield sufficient revenue for the financial needs of the City for the current fiscal year. (Effect: would eliminate present beginning phrase, At any time after the first day of September and ...'; otherwise unchanged.) 5. By adding a new Section 3-20 to read: Sec. 3-20. The Council may, by ordinance, consent to, or provide by contract or in any other manner, for the transfer to the County of Alameda of any or all of the tax assessing and tax collecting functions and services provided for by Charter or ordinance of the City of Alameda or by State law, rule or regulation, and for the assumption, enforcement, observance and performance thereof by Alameda County officers and employees, including but not limited to, (a) the assessment of City property for City taxes, (b) the equalization and correction of the assessment, (c) the collection, payment, and enforcement of taxes and special assessments, including delinquent taxes, and (d) the redemption of property from sale or other penalty for nonpayment of City taxes or special assessments. Any and all powers, duties and functions of the City so transferred to the County pursuant to this section shall, to the extent of their assumption, performance, observarce and enforcement by the County, be deemed suspended and not a duty or function of the City for the duration of such transfer. The City has, and the Council shall reserve in any agreement with the County, the right to terminate any transfer made pursuant to this section, and to reassume any or all of the transferred functions. This section shall be paramount to any other Charter provision in conflict therewith. 6. By amending Section 2-5 to read: Sec. 2-5. No person shall be qualified to be elected or appointed to any of the elective offices hereinabove set forth unless he shall have been an elector of the City of Alameda for e period of one year continuously next preceding his election. Every officer of the City referred to in Section 2-12 of this Charter 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 as the Council may by ordinance prescribe. (Effect: would substitute one year for "three years"; otherwise unchanged.) 7. By amending Section 2-4 to read: 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, 53,000.00; Treasurer, 53,600.00; City Manager, $4,000.00; City Attorney, $3,000,00; City Clerk, 52,400.00. Each member of the Council shall receive a fee of $100.00 per month during each month, or portion thereof, he occupies said office. (Effect: would increase Council members compensation from present maximum of $40.00 per month; otherwise unchanged.) 8. By amending Section 2-1,1 to read: Sec. 2-1,1. Notwithstanding any other provision of this Charter to the contrary, the matters contained in this Section shall be controlling as to the office of the Mayor. Commencing April 20, 1971, and thereafter, the Mayor shall be an elective officer of the City, and shall hold office for a term of four years, and until his successor is elected or appointed and qualified, unless sooner removed from office pursuant to Article XX of this Charter or otherwise. The method of nomination and election of the Mayor shall be as provided in this Charter for the nomination and election of other elective officers of the City. The office of Mayor shall be a separate office and be arranged on a ballot in a separate column and shall be first in order of arrangement. Eligibility for office of Mayor shall consist of the qualifications set forth in this Charter for other elective officers. The provisions of this Charter which provide for the manner of selecting a candidate to fill office in the event of a tie vote shall apply to the office of Mayor. 4 vacancy in the office 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 Three Hundred Fifty Dollars ($350.00), payable at the time and in the manner as fixed by the Council, and shall be in addition to that provided in Sections 2-4 and 6-4. The intent of this section is hereby declared to be only to make the Mayor an elective officer of the City and to provide the compensation therefor, as set forth herein. Except to the extent they are inconsistent with the provisions of this section, other provisions of this Charter relating to the Mayor shall apply to the Mayor provided for by this section. (Effect: would increase Mayor's monthly compensation from present $200,00; otherwise unchanged.) The Council of the City of Alameda hereby proposes to and does hereby on its own motion submit to the qualified electors of said City at a Special Municipal Charter Amendment Election to be held in said City on Tuesday, June 6, 1972 (which said election will be consolidated with the Primary Election of the State of California to be held on June 6, 1972), the following proposals to amend the Charter of the City of Alameda, in the manner hereinabove specifically set forth, as follows: AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA MEASURE A Shall the Charter of the City of Alameda be amended to empower the City Council to establish a centralized Finance Department by providing (1) that the City Council may by ordinance or resolution combine authorized duties, powers and functions of any administrative depart- ments of the City under the jurisdiction of the City Manager, and (2) that the offices of Auditor and of Treasurer shall be filled by appoint- ment by the City Manager? Said amendment will be accomplished by adding a new Section 3-2.1 to, and amending Sections 2-1 and 2-3 of, said Charter, all as fully set forth in Resolution No. 7886 of the Council of the City of Alameda. MEASURE 6 Shall the Charter of the City of Alameda be amended to authorize the City Council, by ordinance, to transfer property assessment and tax collection functions to the County of Alameda, subject to the right to resume said functions at the option of the City? Said amendment will be accomplished by adding a new Section 3-20 to, and amending Section 17-4 of, said Charter, all as fully set forth in Resolution No. 7886 of the Council of the City of Alameda. MEASURE C Shall the Charter of the City of Alameda be amended to provide that the qualification for election, or appointment, to any elective office of the City be reduced from three years to one year, as the period of time such officer shall have been an elector of the City continuously next preceding his election? Said amendment will be accomplished by amending Section 2-5 of said Charter, all as fully set forth in Resolution No. 7886 of the Council of the City of Alameda. MEASURE D Shall the Charter of the City of Alameda be amended to provide that each Councilman shall receive a fee of $100.00 per month, rather than a maximum fee of $40.00 per month as now authorized? Said amendment will be accomplished by amending Section 2-4 of said Charter, all as fully set forth in Resolution No. 7886 of the Council of the City of Alameda. MEASURE E Shall the Charter of the City of Alameda he amended to provide that the Mayor of the City shall receive a monthly compensation of $350.00, rather than $200.00 as now authorized? Said amendment will be accomplished by amending Section 2-1.1 of said Charter, all as fully set forth in Resolution No. 7886 of the Council of the City of Alameda. YES NO YES NO YES NO YES NO .... YES NO I hereby certify that the foregoing Charter amendment proposals were ordered submitted to the qualified electors of the City of Alameda by the Council of the City of Alameda. Dated: February 15, 1972. IRMA L. NELSON City Clerk of the City of Alameda 833 T34 Section 4. (a) A Special Municipal Charter Amendment Election is hereby called to be held in the City of Alameda on Tuesday, June 6, 1972, for the purpose of submitting to the qualified electors of said City said proposal set forth in Section 3 of this resolution to amend the Charter of said City as in said proposals and in this resolution provided and as hereby submitted by the Council of the City of Alameda on its own motion. (b) Said Special Municipal Charter Amendment Election hereby called shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined as herein provided, and in all particulars not prescribed in this resolution, said Special Municipal Charter Amendment Election shall be held as provided for in the Charter of said City and in all particulars not provided for therein said election shall be held as provided by law for the holding of special municipal elections in the City of Alameda, and otherwise in accordance with the Elections Code of the State of California. (c) All persons qualified to vote at municipal elections in said City of Alameda on the day of the election herein provided for shall be qualified to vote upon said amendments hereby proposed by the Council of the City of Alameda on its own motion and submitted at said Special Municipal Charter Amendment Election. (d) The polls at the polling places hereinafter designated for said Special Municipal Charter Amendment Election shall be opened at 7:00 a.m. (P.S.T.) of said day of election, and shall be kept open continuously thereafter until 7:00 p.m. (P.S.T.) of said day of election when the polls shall be closed (except as provided in Section 14436 of the Elections Code), and the election officers shall thereupon proceed to canvass the ballots cast thereat. (e) Said Special Municipal Charter Amendment Election shall be and is hereby consolidated with the Primary Election of the State of California to be held in said City of Alameda on the date of said Special Municipal Charter Amendment Election hereby called, and the election precincts, polling places and voting booths shall in every case be the same, and there shall be only one set of election officers in each of said precincts; and the precincts, polling places and officers of election for said Special Municipal Charter Amendment Election shall be the same as those to be selected and designated by the Board of Supervisors of the County of Alameda, State of California, for said Primary Election of the State of California in said City of Alameda by resolution or ordinance of the aforesaid Board of Supervisors relating to the holding and conducting of the Primary Election of the State of California, to which resolution or ordinance reference is hereby made for a designation of the precincts, polling places and election officers for the Special Municipal Charter Amendment Election hereby called. (f) Only one form of ballot shall be used at said Primary Election of the State of California and said Special Municipal Charter Amendment Election hereby consolidated therewith, which, in addition to all other matters required by law to be printed thereon, shall state the measures set forth in Section 3 hereof. (g) Each voter may vote on any one or more of the proposed Charter amendments. To vote in favor of the proposal to amend the Charter of the City of Alameda a voter shall stamp a cross (X) in the blank space opposite the word "YES'' on the ballot to the right of the proposal, and to vote against said proposal a voter shall stamp a cross (X) in the blank space opposite the word "NO" on the ballot to the right of said proposal. The votes cast for and against the proposed charter amend- ment shall be counted separate and apart from all other measures to be submitted at the Special Municipal Charter Amendment Election hereby called for the purpose of submitting said charter amendments, and if a majority of the qualified voters voting on a proposed charter amendment vote in favor thereof, such charter amendment shall be deemed ratified. (h) The returns of said election shall be canvassed, made out and signed by the election officers so designated by the Board of Supervisors, County of Alameda, State of California, and the results thereof transmitted to the City Clerk of Alameda, and City Council thereof, who shall declare the result thereof in accordance with the Charter of the City of Alameda and the laws of the State of California. Section 5. Said measures and each of them set forth in Section 3 hereof shall be set forth in the election proclamation and notice of Special Municipal Charter Amendment Election consoli- dated with the Primary Election of the State of California to be held on Tuesday, June 6, 1972, to be published in the time and form required by Sections 19-9 and 19-14 cf Article XIX of the Charter of the City of Alameda. Section 6. The City Clerk of the City of Alameda is hereby authorized and directed (1) to cause copies of the text of said proposed charter amendments to be printed in convenient pamphlet form and in type of not less than ten-point and to cause copies thereof to be mailed to each uf the qualified electors of said City, and (2) until the day fixed for said Special Municipal Charter Amend- gent Election to advertise daily in the ALAMEDA TIMES-STAR, a newspaper of general circulation in said City, a notice that copies of said pamphlet may be had on application therefor. Said notice shall be in substantially the following form: NOTICE OF AVAILABILITY OF CHARTER AMENDMENTS NOTICE IS HEREBY GIVEN to the qualified electors of the City of Alameda that pamphlet copies of the amendments, proposed by the City Council on its own motion, to the Charter of the City of Alameda (a) adding Sections 3-2.1 and 3-20 thereto, and (b) amending Sections 2-1, 2-1.1, 2-3, 2-4, 2-5 and 17-4 thereof, providing for various changes in said Charter as specifically set forth in said pamphlet copies, which shall be mailed to each of the qualified electors of said City, are on file in 335 the office of the City Clerk, City Hall, Alameda, California. Copies of said pamphlet are available in said office and may be had on application therefor. IRMA L. NELSON Irma L. Nelson City Clerk of the City of Alameda, California * * * * * * * * * * I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the 15th day of February, 1972, by the following vote, to wit: AYES: Councilmen Levy, Longaker, McCall and President La Croix, Jr., (4). NOES: Councilman Fore, (1). ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 16th day of February, 1972. (SEAL) IRMA L. NELSON City Clerk of the City of Alameda * * * * * * * * ** I hereby certify that the foregoing is a full, true and correct copy of "City of Alameda Resolution No. 7886, PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA UPON MOTION OF THE CITY COUNCIL; ,CALLING A SPECIAL MUNICIPAL CHARTER ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF PROPOSALS TO AMEND SAID CHARTER, VIZ: (1) BY AMENDING SECTIONS 2-1 AND 2-3 THEREOF, AND ADDING SECTION 3-2,1 THERETO, RELATING TO THE ESTABLISHMENT OF A CENTRALIZED FINANCE DEPART- MENT, BY PROVIDING THAT THE CITY COUNCIL MAY COMBINE FUNCTIONS OF ADMINISTRATIVE DEPARTMENTS, AND THAT THE OFFICES OF AUDITOR AND OF TREASURER SHALL BECOME APPOINTIVE: (2) BY ADDING SECTION 3-20 THERETO AND AMENDING SECTION 17-4 THEREOF, RELATING TO AUTHORIZATION TO THE CITY COUNCIL TO TRANSFER, BY ORDINANCE, TO THE COUNTY OF ALAMEDA ANY OR ALL THE CITY'S PROPERTY ASSESSMENT AND TAX COLLECTION FUNCTIONS, SUBJECT TO THE RICHT OF THE CITY AT ITS OPTION TO RESUME SAID FUNCTIONS; (3) BY AMENDING SECTION 2-5 THEREOF REDUCING PERIOD OF TIME, FROM THREE YEARS TO ONE YEAR, CERTAIN OFFICERS SHALL HAVE BEEN ELECTORS OF THE CITY; (4) 3Y AMENDING SECTION 2-4 THEREOF TO PROVIDE THAT EACH COUNCILMAN SHALL BE PAID $100.00 PER MONTH, RATHER THAN THE PRESENT MAXIMUM OF 540.00 PER MONTH; (5) BY AMENDING SECTION 2-1.1 THEREOF TO PROVIDE THAT THE MAYOR SHALL RECEIVE A COMPENSATION OF S350.00, RATHER THAN THE PRESENT $200.00, PER MONTH: FIXING DATE OF SAID ELECTION, MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF; ANO CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE PRIMARY ELECTION OF THE STATE OF CALIFORNIA TO BE HELD ON JUNE 6, 1972," introduced and adopted by the Council of the City of Alameda on the 15th day of February, 1972. r -• City Clerk of the City of Alameda