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Resolution 08578CITY OF ALAMEDA RESOLUTION NO, 8578 PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA UPON MOTION OF THE CITY COUNCIL; CALLING A SPECIAL MUNICIPAL ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF PROPOSALS TO AMEND SAID CHARTER, VIZ (1) BY ADDING SECTION 2-14 THERETO PROVIDING FOR TWO-TERM LIMIT FOR MAYOR AND COUNCILMEN; (2) BY AMENDING SECTION 2-5 THEREOF RELATING TO RESIDENCY REQUIREMENTS FOR CERTAIN OFFICIALS 4 (3) BY ADDING SECTION 2-6.1 THERETO PROVIDING FOR ELECTION OF TWO COUNCILMEN EVERY TWO YEARS; AND (4) BY ADDING SECTION I0`1.1 THERETO AND AMENDING SECTIONS I0-2` 10-3' 10-4 and I0-4.1 THEREOF RELATING TO COUNCIL APPOINTMENTS TO BOARDS COMMISSIONS; FIXING DATE OF SAID ELECTION, MANNER OF HOLDING SAME! AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE GENERAL ELECTION OF THE STATE OF CALIFORNIA TO BE HELD ON NOVEMBER 2, 1975 BE IT RESOLVED BY THE COUNCIL DF THE CITY DF 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 adding Sections 2~5^1, 2`14 and 10-1.I thereto and by amending Sections 2-5, 10-2, 10-3, 10-4 and 10-4.1 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 ses to and does hereby on its own motion subMit to the qualified electors of the City of Alameda, at the Special Municipal Charter Amendment 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 Elextion, Section J. The City Clerk of the City of Alameda is hereby ordered and directed to cause said proposed amendments 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 TIM[3-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 November 2, 1978 (Consolidated with General 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 adding Section 2-14 to read: Sec. 2-14. No person shall be eligible for the office held by that person for two complete consecutive terms immediately prior to the term for which the person seeks election. This section shall not apply to the office of Auditor or Treasurer or prevent persons in office from completing their terms. (Effect: Would add this section to limit elected officials to two consecutive full terms but permit them to run for other offices or after sitting out one term. 2, By amending Section 2-5 to read: Sec. 2-5. Every elected officer of the City and every officer appointed to a Board or Commission shall be a resident of the City during his tenure of uffim. 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. (Effect: Would change "Every officer of the City referred to in Section 2-12 of this Charter .,." to read "Every elected officer of the City and every officer appointed to a Board or Commission..." Otherwise unchanged.) 3. By adding Section 2-6.1 to read: 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 "loctinn' the term of the nerson rereivino the lowest number of votes for councilman Council, (Effect' Would add this section to provide for the election of two councilmen every two years.) 4. By adding Section 10-I.1 to read: Sec. 10-1,1, All Board and Commission members shall be appointed by the City (Effect/ Would add this section to require, consistent with the Charter Boards and Commissions, appointment by the Council.) 5. By amending Section 10-2 to read: Sec. 10-2, Each of said Boards, except the Public Utilities Board, Social Service Board and the City Planning Board, shall consist of five members. The Council shall appoint, between May 1 and July 1 of each year, one member of each such Board for a term commencing on the first day of July following such appointment and continuing for five yeors, and thereafter until the successor of such member is appointed and qualified. (Effect: Would delete "Upon nomination of the Mayor" before 'the Council shall appoint...") Otherwise unchanged.) 6, By amending Section 10-3 to read: Sec. 10-3, The Public Utilities Board shall consist of five members, one of whom shall be the City Manager, who shall have full power of pnrticipting and voting. The Council shall appoint, between May 1 and July 1 of each year, one °ember of said Board for a term commencing on the first day of July following such appointment and continuing for four years and thereafter until the successor of such member is appointed and qualified` (Effect: Would delete "Upon nomination of the Mayor" before the Council shall appoint..." Otherwise unchanged. 7, By amending Section 10-4 to read: ‘Sec. 10-4. The Social Service Board shall consist of seven members, one of whom shall be the City Manager who shall have full power of participating and voting, The Council shall appoint, between May 1 and July 1 of each year, two members of such Board for terms commencing on the first day of July following such appointment and continuing for three years and thereafter until the successor of such member is appointed and qualified. (Effect: Would delete "Upon nomination of the Mayor" before "the Council shall appoint... Otherwise unchanged.) 8. By amending Section 10-4.1 to read; Sec. 10-4.1. The City Planning Board shall consist of seven members. The Council shu7lappoint, between May 1 and July 1 of each yeor, such members as are necessary to maintain a full8oard, for terms commencing on the first day of July following such appointment and continuing for three years and thereafter until the successor of such member is appointed and qualified; provided, however, that at such time as this amendment becomes fully operative seven members shall be appointed, two of whom shall be appointed for the period of one years, two of whom shall be appointed for a period of two years, and three of whom shall be appointed for a period of three years, the duration of said appointments to commence on July 1 next succeeding the operative date of this amendment: all succeeding appointments shall be for a period of three years, (Effect: Would delete "Upon nomination of the Mayor" before the Council shall appoint...") Otherwise unchanged. ' ^ ' The Council of the City of Alameda hereby proposes to and does hereby on its own motion submit to qualified electors of said City at a Special Municipal Charter Amendment Election to be held in said City on Tuesday, November 2, 1976 (which said election will be consolidated with the General Election of the State of California to be held on November 2, 1976),the following proposals to amend the Charter of the City of Alameda, in the manner hereinabove specifically set forth, as AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA MEASURE 8 Shall the Charter of the City of Alameda be amended to limit the number ...,..•■•••.. of consecutive terms an elected official, other than Auditor or Treasurer, . ` YES ' may serve to two terms? Said amendment will be accomplished by adding .,........... Section 2-14 to said Charter, all as fully set forth in Resolution ' . " NO No, 8578 of the Council of the City of Alameda, ....._,...,. MEASURE B Shall the Charter of the City of Alameda be amended to require residency in the City of Alameda of elected officials and all officials appointed to Boards and Commissions, but not other officers? Said amendment will be accomplished by amending Section 2-5 of said Charter, all as fully set forth in Resolution No. 8578 of the Council of the City of Alameda, MEASURE C Shall the Charter of the City of Alameda be amended to provide that two Councilmen, exclusive of the Mayor, be elected every two years? Said amendment will be accomplished by adding Section 2-0,1 to said Charter, all as fully set forth in Resolution No. 8578 of the Council of the City of Alameda. MEASURE D Shall the Charter of the City of Alameda be amended to provide that all Board and Commission members be appointed by the City Council without requiring nomination of the Mayor? Said amendment will be accomplished by adding Section I0-1,1 and amending Section 10-2, 10-3, 10-4 and I0-4.1, all as fully set forth in Resolution No, 8578 of the Council of the City of Alameda. ...,......... ▪ 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/ August 17, 1976, ETHEL M. PITT City Clerk of the City of Alameda Section 4, (a) A Special Municipal Charter Amendment Election is hereby called to be held in the City of Alameda on Tuesday, November 2, 1976, for the purpose of submitting to the qualified electors of said City said proposals set forth in Sectbn 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 cnnducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined as herein provided, and all in 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 providded 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 he 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 am. of said day of election, and shall be kept open continuously thereafter until 7:00 p.m, 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 General 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 be, in every case, the same, and there shall be only one set of election officers in each of said precints; 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 desi9mCed by the Board of Supervisors of the County of Alameda, State of California, for said General 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 General Election of the State of California, to which resolution or ordinance reference is hereby mode for a designation of the precincts, polling places and election officers for the Special Municiapl Charter Amendment Election hereby called, (f) Only one form of ballot shall be used at said General 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 therenn, 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 propnsal, and to ..~. ...4..+ ..+a "~""=°` " ""+", "h"ll `tam" ° ,,=. /x\ in the nlonv mare 000nsite the word (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 eachccf them set forth in Section 3 hereof shall be set forth in the election proclamation and notice of Special Municipal Charter Amendment Election consolidated with the General Election of the State of California to be held on Tuesday, November 2, 1976, to be published in the time and form required by Section 22835 of the California Elections Code and Section 6066 of the California Government Code. 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 eight - point and to cause copies thereof to be mailed to each of the qualified electors of said City, and (2) until the day fixed for said Special Municipal Charter Amendment 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 there- for. 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 adding Sections 2 -14, 2 -6.1 and 10 -1.1 thereto and amending Sections 2 -5, 10 -2, 10 -3, 10 -4.1 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 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. * * Ethel M. Pitt 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 17th day of August, 1976, by the following vote, to wit: AYES: Councilmen Beckam, Diament, Sherratt and President Corica, (4), NOES: None. ABSENT: Councilman Hurwitz, (1). IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of August, 1976. (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, 8578, PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA UPON MOTION OF THE CITY COUNCIL; CALLING A SPECIAL MUNICIPAL ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF PROPOSALS TO AMEND 5AID CHARTER, VIZ: (1) BY ADDING SECTION 2 -14 THERETO PROVIDING FOR TWO -TERM LIMIT FOR MAYOR AND COUNCILMEN; (2) BY AMENDING SECTION 2 -5 THEREOF RELATING TO RESIDENCY REQUIREMENTS FOR CERTAIN OFFICIALS; (3) BY ADDING SECTION 2.6.1 THERETO PROVIDING FOR ELECTION OF TWO COUNCILMEN EVERY TWO YEARS; AND (4) BY ADDING SECTION 10 -1.1 THERETO AND AMENDING SECTONS 10 -2, 10 -3, 10 -4 and 10 -4.1 THEREOF RELATING TO COUNCIL APPOINTMENTS TO BOARDS AND COMMISSIONS; FIXING DATE OF SAID ELECTION, MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE GENERAL ELECTION OF THE STATE OF CALIFORNIA TO BE HELD ON NOVEMBER 2, 1976 ", introduced and adopted by the Council of the City of Alameda on the 17th day of August, 1976.