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Resolution 08140143 CITY OF ALAMEDA RESOLUTION NO. 8140 CALLING A SPECIAL MUNICIPAL ELECTION IN THE CITY OF ALAMEDA TO BE HELD ON TUESDAY, JANUARY 22, 1974, FOR THE PURPOSE OF SUBMITTING TO ELECTORS OF SAID CITY A PETITION, SIGNED BY AT LEAST THIRTY PERCENT (30%) OF THE TOTAL NUMBER OF PERSONS VOTING AT UBE LAST GENERAL MUNICIPAL ELECTION, DEMANDING TEE RECALL OF JAMES L. NOLIN AND IAN WEBER FROM THEIR RESPECTIVE ELECTIVE OFFICE OF MEMBERS OF THE BOARD OF EDUCATION OF THE ALAMEDA UNIFIED SCHOOL DISTRICT OF ALAMEDA COUNTY; FIXING DATE OF SAID SPECIAL ELECTION, MANNER OF HOLDING SAME, PROVIDING FOE NOTICE THEREOF, AND PROVIDING FOR FORM OF BALLOT THEREAT; ESTABLISHING ELECTION PRECINCTS, FIXING NUMBER OF ELECTION OFFICERS 00 BOARD OF ELECTION FOR EACH PRECINCT AND THEIR COMPEN- SATION, AND DESIGNATING HOURS OF VOTING BE IT RESOLVED FY THE COUNCIL OF THE CITY OF ALAMEDA: Section 1. A Special Municipal Election be and is hereby called and ordered to be held in the City of Alameda, California, on Tuesday, January 22, 1974, in accordance with Article XX of the Charter of said City, for the purpose of submitting to the electors a petition, duly certified by the City Clerk as bearing signatures of qualified electors of said City equal in number to at least thirty percent (30%) of the total number of persons voting at the General Municipal Election next preceding the filing of such petition, demanding the recall of two members of the Board of Education of the Alameda Unified School District of Alameda County, to wit, James L. Nolin and Ian Weber, from their respective elective offices to said Hoard. Section 2. At said election it shall be determined whether the electors will recall either, both or none of said officers hereinahove named, and if either or both be so recalled as a result thereof, said election will be for the further purpose of electing a successor, or successors, to said officers, providing a candidate or candidates are nominated and qualified by petition in the manner prescribed in Article XIX of said Charter. In the event no such candi- date be nominated and qualified, the election will be held only for the purpose of voting on the question cf the recall. Section 3. The City Council proposes to and hereby does, on petition signed by qualified electors as aforesaid, submit to the qualified electors of said City at a special municipal elec- tion to he held in said City on Tuesday, January 22, 1974, the following questions and ballot: SPECIAL MUNICIPAL RECALL ELECTION CITY OF ALAMEDA, CALIFORNIA TUESDAY, JANUARY 22, 1974 MEASURES SUBMITTED TC ELECTORATE A "Shall James L. Nolin be recalled from the office of member of the loard of Education of the Alameda Unified School District?" . YES . . NO Candidate(s) for such office to succeed James L. Nolin if he is recalled by this election: (Vote for one only) 1.44 B "Shall Ian Lieber be recalled from the office of member of the Board of Education of the Alameda Unified Schnool Distri.ct1 Candidate(s) for such office to succeed Ian Weber if he is recalled by this election: (Vote for one only) (1) (2) (3) (4) INSTRUCTIONS TO VOTERS Te vote in favor of the proposed recall, stamp a cross (x) in the blank space opposite the word "YES" to the right of the question. To vote against the pro- posed recall, stamp a cross (x) in the blank space opposite the word NO to the right. Vote cn each of the two questions, designated A and B on this ballot. You may also vote for any one candi- date, listed under each of the two questions, to succeed to the office if the named officer is recalled, by stamping a cress (x) in the box: opposite the name of that candidate. No vote shall be counted for any successor candidate unless you also voted on the question of the recall. Section 4. Said special municipal 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 al] particulars not prescribed in this resolution, said special municipal election shall be held as provided for in the Charter of said City, and in all particulars not provided for therein said election shall he 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 cf California. (a) All persons qualified to vote at municipal elections in said City of Alameda on the day of the election herein provided for shall he qualified to vote upon said petition and demand for recall, as signed, and as so certified by the City Clerk, by qualified electors of the City equal in number to at least thirty percentum (3O %) of the total number of persons voting at the General Municipal Election next preceding the filing of such petition. (h) The Board cf Election for each election precinct at said Special Municipal Election shall consist of one Inspector, one Judge and two Clerks. The compensation to be paid to each of the said election officers for conducting said Election shall be and is hereby fixed at the sum of TWENTY DOLLARS ($20.00); an extra. sum of TWO DOLLARS ($2.00) shall be paid to the election officer who delivers the returns to the City Clerk. 145` (c) The polls at the polling places hereafter to be designated by the Council for said election shall be opened at 7:00 o'clock a.m. of said day of election and shall be kept open continuously thereafter until 7:00 o'clock p.m. of said day of election when the polls shall. be closed (except as provided in Section 1443E of the California Elections Code) and the election icers shall thereupon proceed to canvass the ballots cast thereat and the returns of said ction shall be made out and signed by the election officers and shall be by them deposited h the City Clerk, together with the ballots cast at said election. (d) The precincts, polling places and officers of election for said special municipal election shall be those designated and selected by the Council of said City by resolution adopted pursuant to Section 19 -16 of the Charter, to which resolution reference is hereby made for a designation of the precincts, polling places and election officers for the Special Munici- pal Election hereby called. (e) Only one form of ballot shall be used at said election, which ballot, in addition to any other matter required by law to be printed thereon, shall state the questions, and the candidates, if any, as set forth in Section 3 of this resolution. The "Instructions to Voters" thereon are for voter information only and shall not be considered a part of the ballot. (f) Each voter may vote on the questions presented in said recall petition and demand, designated as A and 5 on said ballot, and may vote on the candidates, if any, who have been nominated and qualified to succeed the two persons sought to be recalled. No vote shall be counted for any such candidate for either of the two offices unless the voter also voted on said questions of the recall of the persons sought to be recalled from said offices. No person shall be a candidate for either of said two offices to be filled at said recall election unless such person has been nominated in the manner prescribed in the City Charter for the nomination of candidates for public office at General Municipal Elections. To vote on said petition and questions, the voter shall stamp a cross (x) in one of the blank spaces at the right of the words "YES" or "NO ", and thereby indicate his vote for or against such recall. A cross opposite the word "YES" shall be counted as a vote in favor of the recall, and a cross opposite the word "NO" shall he counted as a vote against the recall. The voter may also vote for one person, whose name is printed under each question, who has been nominated as a candidate to succeed the person recalled, in case he shall be recalled from office by said recall election, by stamping a cross (x) in the box opposite such candidate's name. Section 5. if a majority of these voting on the question of the recall of either such officer from office shall vote "NC ", said officer shall continue in said office. If a majority shall vote "`'ES ", said officer shall thereupon be deemed removed from office. The Council shall. canvass the returns of such election and declare the result in like manner as in a General Municipal Election, If the vote at such recall election shall recall either said officer, then the candidate, if there are any, who has received the highest number of votes for that respective office shall be declared elected for the remainder of that respective terra. In case the person who received such highest number of votes for said respective office shall fail to qualify within ten days after receiving the certificate of election, that office shall be deemed vacant. (a) The returns of said election shall be made out and signed by the election officers and shall be by them deposited with the City Clerk, together with the ballots cast at said election. The Council shall meet at its usual meeting place and canvass said returns on Tuesday, the 5th day of February, 1974, at the hour of 7:3C o'clock p.m. (being its first regular meeting following such election), and declare the result of said election. Section 6. The questions, and the candidates, if any, net forth. in Section 3 hereof, and identified under the designations of "A" and "B" therein, sha]l be set forth in the election proclamation and Notice of Special Municipal Election to to held Tuesday, January 22, 1974, to be published in the form and manner and within the time required by Section 19 -14 of the Charter of the City of Alameda. Section 7. The City Clerk is hereby authorized and directed (1) to cause copies of said two proposed Questions of recall and of the names of persons, if any, who have been duly nomi- nated and have qualified to succeed one or the other of the respective officers sought in saic petition to be recalled, to be printed in a convenient form in type of not less than ten -point and to cause such copies to be mailed to each of the qualified electors of the City, and (2) until the day fixed for said special municipal election to advertise the availability of said materials daily in the Alameda Times -Star, e newspaper of general circulation in said City, from the office of the City Clerk. Said notice of availability shall be in such form and substance as the City Clerk may deem appropriate. (a) The City Clerk is hereby authorized and directed to do and perform any and all acts required of such Clerk under the City Charter and the laws of the State of California with respect to such special municipal election. Section 8. The sixty -eight (68) election precincts within. the City of Alameda, designated and numbered as the same were last heretofore defined, fixed and established by the Board of Supervisors of the County of Alameda, State of California, as election precincts within said City for the holding of genera] state and county elections, are hereby fixed, designated and established as the election precincts for holding the aforesaid Special Municipal Election on January 22, 1974. Si : *ci a c 1, the undersigned, hereby certify that the foregoing resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in adjourned regular meeting assembled on the llth day of December, 1973, by the following vote, to wit: AYES: Councilmen Beckam, Corica, Hurwitz, McCall and President La Croix, Jr.,(5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 12th day of December, 1973. (SEAL) ETHEL M. PITT 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. 8140, CALLING A SPECIAL MUNICIPAL ELECTION IN THE CITY OF ALAMEDA TO BE HELD ON TUESDAY, JANUARY 22, 1974, FOR THE PURPOSE OF SUBMITTING TO ELECTORS OF SAID CTTY A PETITION, SIGNED BY 17 LEAST THIRTY PERCENT (30%) OF THE TOTAL NUMBER OF PERSONS VOTING AT THE LAST GENERAL MUNICIPAL ELECTION, DEMANDING THE RECALL OF JAMES L. NOUN ANT IAN WEBER FROM THEIR RESPECTIVE ELECTIVE OFFICE OF MEMBERS OF THE BOARD OF EDUCATION OF THE ALAMEDA UNIFIED SCHOOL DISTRICT OF ALAMEDA COUNTY; FIXING DATE OF SAID SPECIAL ELECTION, MANNER OF HOLDING SAME, PROVIDING FOR NOTICE THEREOF, AND PROVIDING FOR FORM OF BALLOT THEREAT; ESTABLISHING ELECTION PRECINCTS, FIXING NUMBER OF ELECTION OFFICERS ON BOABD OF ELECTION FOR EACH PRECINCT ANT THEIR COMPENSATION, AND DESIGNATING HOURS OF VOTING," introduced and adopted by the Council of the City of Alameda on the llth day of December, 1973. 7 - City Clerk of the City of Alameda