Resolution 09030CITY OF ALAMEDA RESOLUTION NO.
9030
PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF
ALAMEDA ON MOTION OF THE CITY COUNCIL; CALLING A
SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION IN THE
CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORS THEREOF PROPOSALS TO AMEND SAID CHARTER,
VIZ: (1) BY AMENDING SECTION 22-4 TO DELETE SECTION
WHICH FORBIDS PERSON CONVICTED OF A FELONY FROM EVER
HOLDING AN OFFICE OR POSITION WITH THE CITY; (2) BY
AMENDING SECTION 2-2 AND 10-9 TO PROVIDE FOR REMOVAL
OF CERTAIN APPOINTED OFFICERS BY MAJORITY VOTE OF
COUNCIL; (3) BY AMENDING SECTIONS 2-1, 2--2 AND 4-1,
ADDING SECTION 2-2.1 AND REPEALING SECTIONS 4-2, 4-3,
4-4, 4-5 AND 4-6 AND ARTICLE V IN ITS ENTIRETY TO
ABOLISH THE OFFICES OF AUDITOR AND TREASURER AND
ESTABLISH OFFICE OF CITY FINANCE OFFICER; (4) BY
AMENDING SECTIONS 2-1, 2-2, 2-6.1, 3-1.1, 3-4, 3-7(B),
3-7(1), 3-10, 3-12, 13-2 and 17-5, AND ADDING SECTIONS
2-6.2, 2-6.3, 2-6.4, 2-6.5 and 3-1.2 TO ESTABLISH A
SEVEN MEMBER CITY COUNCIL TO BE NOMINATED FROM DISTRICTS
AND ELECTED AT LARGE; (5) BY AMENDING SECTION 3-11 TO
PERMIT COUNCIL TO ADOPT ORDINANCES AT SPECIAL MEETINGS;
(6) BY AMENDING SECTION 10-4.1 TO PERMIT CITY COUNCIL
TO DETERMINE ORGANIZATION OF CITY PLANNING BOARD BY
ORDINANCE; AND (7) BY AMENDING SECTION 2-5 TO PROVIDE
THAT PERSONS SEEKING ELECTIVE OFFICES BE RESIDENTS
OF CITY FOR THIRTY DAYS BEFORE FILING NOMINATION
PAPERS; FIXING THE DATE OF SAID ELECTION, THE MANNER
OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF;
AND CONSOIIDATING SAID SPECIAL MUNICIPAL CHARTER
AMENDMENT ELECTION WITH THE GENERAL MUNICIPAL ELECTION
TO BE HELD IN SAID CITY ON MARCH 6, 1979
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 amending Sections 2-1, 2-2, 2-5, 2-6.1, 3-1.1, 3-4,
3-7(B), 3-7(1), 3-10, 3-11, 3-12, 4-1, 10-4.1, 10-9, 13-2, 17-
and 22-4 thereof, by adding Sections 2--2.1, 2-6.2, 2-6.3, 2-6.1.,
2-6.5 and 3-1.2 thereto, and by repealing Sections 4-2, 4-3, 4-4,
4--5 and 4-6 and Article V in its entirety, to read as set forth in
the notice entitled, "Proposed Amendments to the Charter of the
City of Alameda.
Section 2. The Council of the City of Alameda hereby pro-
poses to and does hereby on its own motion submit to the qualified
electors of the City of Alameda, at the Special Municipal Charier
Amendment Election hereinafter provided for, proposals to amen
the Charter of the City of Alameda set forth in said notice he:-e-
inafter set forth in Section 3 of this resolution and designates
and refers to said proposals as the proposals 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 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 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 circula-
tion 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 March 6, 1979
(Consolidated with General Municipal Election)
The Council of the City of Alameda hereby proposes on its
own motion to amend the Charter of the City of Alameda:
A-1. By amending Section 22-4 to read:
Sec. 22-4. Any person convicted of a felony or
misconduct in office shall forfeit his office or position
of employment.
(Effect: Would delete last sentence of section which reads
No person who shall have been convicted of a felony or
misconduct in office shall ever hold any office or position
of employment in the service of the City.")
B-2. By amending Section 2-2 to read:
Sec. 2-2_1A) 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 follow-
ing the date of installation of any person newly electec to
the Council at a regular or special municipal election cr
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 tie
salary of, the incumbents in the aforementioned appointive
offices.
(Effect: Would allow appointment and removal of the appointive
offices by a majority of the full Council except within a
certain time after the installation of a new Council member
by election or appointment. Changes "...by the Council by
vote of not less than three members thereof, and may be
removed by vote of not less than four members thereof:"
to "...or removed by a vote of a majority of the full Council:"
and adds Subsection B.)
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B-3. By amending Section 10-9 to read:
Sec. 10-9. A member of any such board may be removed
by the vote of a majority of the Council.
(Effect: Would allow the appointment and removal of
Charter Board members (Board of Education; Public Utilities
Board, Civil Service Board; City Planning Board; Social
Service Human Relations Board and Library Board) by a
majority of the full Council. Changes "...four members of
the Council." to "...a majority of the Council.")
C-4. 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 eliminate, "Auditor, who shall be ex-officio
Assessor; Treasurer, who shall be ex--officio Tax Collector."
C--5. By amending Section 2-2 to read:
Sec. 2-2. The following offices are hereby established,
and the incumbents thereof shall be appointed by the Council
by vote of not less than three members thereof, and may be
removed by vote of not less than four members thereof: City
Manager; City Attorney; City Clerk; City Finance Officer.
(Effect: Would add the appointive position of City Finance
Officer.)
C-6. By adding Section 2-2.1 to read:
Sec. 2-2.1. Sections 2-1 and 2-2 of this Charter,
as amended by Measure C, 1979, shall become effective not
sooner than April 21, 1981.
(Effect: Would allow incumbents 10 serve out current terms.)
C-7. By amending Section 4-1 to read:
Sec. 4-1. The City Finance Officer shall perform all
the duties of the Auditor and Assessor and Treasurer and Tax
Collector prescribed by this Charter and by ordinance and
shalt devote his entire time to the duties of the office.
The City Finance Officer shall, subject to Civil Service re-
quirements, have power to appoint, discipline and remove all
deputies and employees in his office and shall be responsible
for the acts thereof on the City Finance Officer's official
bond.
(Effect: Would transfer duties of elective offices of
Auditor-Assessor and Treasurer-Tax Collector to the appointive
office of City Finance Officer and provide for the specifi-
cation of duties by ordinance.)
C-8. By repealing Sections 4-2, 4-3, 4-4, 4-5 and 4-6 of
Article IV.
(Effect: Removes certain duties of Auditor from Charter.)
C-9, By repealing Article V in its entirety.
(Effect: Removes certain duties of Treasurer from Charter.)
D-10. By amending Section 2-1 to read:
Sec. 2-1. The following elective officers are hereby
established: The Mayor:and six Council Members who shall
constitute the Council; Auditor, who shall be ex-officio
Assessor; Treasurer who shall be ex-officio Tax Collector.
(Effect: Changes "four Councilmen" to "six Council Members.")
D-11. By amending Section 2-2 to read:
Sec. 2-2. The following offices are hereby established,
and the incumbents thereof shall he appointed by the Council
by vote of not less than a majority thereof, and may be
removed by a vote of not less than a majority plus one
thereof: City Manager; City Attorney; City Clerk.
(Effect: Would establish number of votes needed for appoint-
ing and removing these officers regardless of number of
Council Members. Changes "three members" to "a majority
thereof" and changes "four members" to "a majority plus one
thereof.")
D-12. By amending Section 2-6.1 to read:
Sec. 2-6.1. Three Council Members, exclusive of the
Mayor, shall be elected at evely general municipal election.
If for any reason three vacanc es do not occur prior to the
election, the term of the person receiving the lowest number
of votes for Council Member in the last general municipal
election shall expire.
(Effect: Changes "Two Councilmen" to "Three Council Members",
changes "two" to "three" and changes councilman" to "Council
Member".)
D-13. By adding Section 2-6.2 to read:
Sec. 2-6.2. (A) Any peason is eligible to hold office
as elected Council Member For -District if such person is a
registered vote/ of the City and a resident of the geographi-
cal area which constituted the district from which such
person was nominated at the tire of filing nomination pa-pers,
and was a resident of such area and a registered voter of the
City aL the time of filing nomfnaLion papers and for a period
of thirty days immediately preceding the date of filing.
(Effect: Would create five council seats each nominated from
a different district.)
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Sec. 2-6.2 (B) Any person is eligible to hold the office
of Council Member at Large or Mayor if such person is a
registered voter of the City and was 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.
(Effect: Would create a sixth Council Member at Large in addi-
tion to the Mayor who is the seventh Council Member.)
Sec. 2-6.2 (C) Sections 2-6.2 (A) and (B) shall apply:to
appointed members of the Council.
(Effect: Would continue existing provisions in regard to
appointments.)
D-14. By adding Section 2-6.3 to read:
Sec. 2-6.3 (A) Each candidate for election to the office
of Council Member For a District shall be nominated from the
district in which such candidate resides by the signatures of
registered voters residing within said district.
Sec. 2-6.3 (B) Each candidate for election to the office
of Mayor or Council Member at Largo shall be nominated from the
City at large by the signatures of registered voters residing
within the City.
(Effect: Would create five council members nominated from a
district and one at large council member.)
D-15. By adding Section 2-6.4 to read
Sec. 2-6.4 (A) Council Members for each of five districts,
a Council Member at Large and the Mayor shall be elected by
the registered voters of the City at large.
(Effect: All Council Members are elected at large.)
Sec. 2-6.4 (B) In the event no nomination is filed for a
district or districts, the person or persons receiving the
highest number of votes for Council Member at Large or Council
Member for a district shall be elected to any vacant seats not
filled by persons receiving more votes for a district or at
large nomination.
(Effect: Would prevent vacant seats where no one socks nomina-
tions from a district. The recipient of the highest number of
votes after those seated by the election is elected to a seat
when no nomination occurs.)
D-16. By addiny Section 2-6.5 to read:
Sec. 2-6,.5. The boundaries of Council Member Districts
shall be established by ordinance within. one year after publica-
tion of the results of each federal census. The Council, by
said ordinance, shall divide the City into five districts
numbered one through five, each district shall consist of
geographically combact contiguous territory and shall contain,
as nearly as possible equal numbers of residents. District
boundaries shall approximate election. precinct boundaries
established by the Board of Sir.)co.rs of the County of
Zaameda. No change in district boundaries shall operate to
disqualify an incumbent from office before the expiration
the term Inc which such person was elected or appointed.
07ffc ) Would provide for districts from which thd five
district council mem:hers are nominated.)
D-17, By amending Section 3-1 to read:
pee. 3,71. All powers of the City and all powers vested.
in City Councils (except the powers reservc d. to the people
or delegated. to other officersor.boards by this Eharter)
shall be vested in a Council consisting of seven Council
Members.
Effect: Changes "five Counciluen" to "seven Counci 1 Members.")
D-16. By amending Section 3-1.1 to read:
Notwithstanding any other)proViSion 02 32).
Charter to c contrarV,..thirbsection•shall..contrel as.. to the..
mattertiheroin.,conteined.•...COmMeneiny.Aprilc2J.,_J.981,wthe
Councils shall. consieb SnWthe.:MeVoitendLsixLethee...CoubEdl: Members.•
electen . in .the manner Set'fofth.in:SccrienC2h-1..id•-2c6s4-: and
elseWhere•in•theEnetterd •,FroM.end'after.•Sucirdatew.all1bre-
vislbnS of,this,seetidan•Shall.abesdecrsed :amended:Or:repealed,
whichever is epbrepriater
(Effect: Cbanqes• "Mayor„..and. four Councilmen'' to bMaver and six •
other Council Members" and :adds. "86Ction 2 -6.4..")'
D-19. By adding. Section 3-1,2 to reads
See 3-1 2 • -.11)e TweEoarcil•wlembers••••elechce-in March of •
1979.ehal1 .be0'onmwermAPri3 c21d,I981Ebate21 -MemberSifroM•the •
district in.•WhiCh theYlSe:pldet..tinathe•eVent61itsateilot1 bf.said• •
CounCil•MeSISeiss:r6Side intiah6seiS0 .•d3strieth:.t3 btptimberreeeIYinq
the•h1 gnee1 nuMber)pf.vetasfin.the•1979.eleet3 e0 .S13 el1 -1 ecorie
Council MeM1Der -at -Large .bm•said .date.
::'..etaine those elected in 1.979 They will not have to
rerun tin 1 ‘l61.)
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D-20. By amending Section 3-4 to read:
Sec. 3-4. The vote of a majority of the Council, except
as otherwise provided shall be necessary for any act of or by
the Council.
(Effect: Changes "three members" to "a majority.").
D-21. By amending Section 3-7 (8) to read:
Sec. 3-7 (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 four Council Members
by serving the CduncilMemberS personally with written notices
of time and purpose of the meeting or as required by general
law.
(Effect: Changes "three Councilmen" to "four Council Members"
and changes by serving the Councilmen" to "by serving the
Council Members.")
D-22. By amending Section 3-7 (I) to read:
Sec. 37_7 (I) Establish on or before July 1, 1936, a
retirement, pension and insurance system for City officers and
employees based on sound actuarial principles, which system
once adopted shall not be amended except by the vote of seven
members of the Council 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 contributions from City funds and funds under
the control of the respective boards.
(Effect: Changes "five" to "seven.")
D-23. By amending Section 3-10 to read:
Sec. 77-10. All acts of the Council imposing penalties,
prescribing public regulations, granting franchises, or previd-
ing for the acquisition, transfer or lease for a period longer
than onc year, of real property, shall be bv ordinance; provided,
however, that the acquisition of real property ,or any interest
therein, may be authorized by resolution when the purchase price
to be paid, together with any obligation imposed on the City in
connection with any such acquisition, does not exceed the sum
of $1,000.0O3 or when such acquisition is to be accomplished by
condemnation fn eminent domain proceadings, or in connection
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 a majority Plus oneemember 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 has been
'acquired, or is transferred or acquired in satisfaction, fore-
closure or enforcement of a lien for taxes or special assess-
ments of any character.
(Effect: Changes "four members" to "a majority plus one member")
D-24. By amending Section 3-12 to read:
Sec. 3-12. No ordinance shall become effective until
thirty days from and after the date of its 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 of which, or any portion
of which, is to be borne by special assessment against property
benefitted thereby, or an ordinance for the immediate preserva-
tion of the public peace, health or safety, which contains a
declaration of the facts constituting its urgency, and is
passed by a maH,ority plus one member vote of the Council, of
an ordinance enacted in the event of great emergency or neces-
sity passed by a majority plus one member vote of the Council
and containing a statement of the emergency or necessity.
Ordinances 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 franchise,
however, shall ever be construed as an urgency or emergency
measure.
(Effect: Changes "four-fifths" to "a majority plus one member"
and changes "four votes" to "a. majority plus one member vote")
D-25. By amending Section 13-:: to read:
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 aot be amended, except by
vote of seven 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.
(Effect: Changes "five" to "seven." Would continue to
require vote of full Council for amendment to the Civil
Service Ordinance.)
D-26. By amending Section 17-5 to read:
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 less than a majority plus one
member of the Council, or except when authorized by majority
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 improvement of public parks, squares
and grounds, salaries of employees of the Fire Department and
the moneys 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.
(Effect: Changes "four members" to "a majority plus one
member .)
E-27. By amending Section 3-11 to read:,
Sec. 3-11. The enacting clause of every ordinance passed
by the Council shall be, "Be it ordained by the Council of the
City of Alameda." Every amendment of an ordinance shall be
germane to the original purpose of such ordinance. Every
ordinance shall be signed by the officer presiding at the time
of its adoption and attested by the City Clerk. No ordinance
shall be passed by the Council within five days alter its
introduction.
(Effect: Deletes ", or at any time other than at a regular
meeting or an adjourned regular meeting, except as provided
in the following section.")
F-28. By amending Sec on 10-4.1 to read:
Sec. 10-4.1. The City Planning Board or Boards shall
consist of as many members as designated by ordinance but no
Upon nomination of the MUVOT, the Ccuncil shall appoint, between
May 1 and July 1 of each year, such members as are necessary to
maintain a full Board, for terms couenencing 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; provided, however, that no more than
two terms shall expire in any year ether than by resignation
of a member_
e s than
(Effect: Changes The .City Planning Board shall consist of
seven monibers' to ThOlganning Board or Boards shall consist
of as many nierubers as desinated by ordinance.")
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G-29. By amending Section 2-5 to read:
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.
(Effect: Would require that elected officers be registered
voters of the City for thirty days prior to filing nomination
papers. First sentence is added to present section.)
NOTE: Re Section 2-2
Passage of Measures B, C and D
If both Measure B and Measure C pass, or if Measure B,
Measure C and Measure D all pass, Section 2-2 (A) shall read:
Seq,2-2 (A) The following offices are hereby
established and the incumbents thereof shall be appointed
or removed by a vote of the majority of the full Council:
City Manager; City Attorney; City Clerk; City Finance Officer.
Passage of Measures B and D
If both Measure P3and=Measure D pass, Section 2-2 (A) of
Measure B will be adopted.
Passage of Measures C and D
If both Measure C and Measure D pas, Section 2-2 shall read:
Sec. 2-2. The following offices are hereby
established and the incumbents thereof shall be appointed
by the Council by vote of not le,ss than a majority thereof,
and may be removed by a vote of not less than a majority plus
one thereof: City Manager; City Attorney; City Clerk; City
Finance Officer.
Re Section 2-1
Passage of Measures C and D
If both Measure C and Measure D pass, Section 2-1 shall read:
Sec. 2-1. The following elective officers are hereby
established: The Mayor and six council Members who shall
constitute the Council.
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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 Tuesdty,'March 6, 1979 (which said election
will be consolidated with the General Municipal Election to be
held on March 6, 1979), the following proposals to amend said
Charter, 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 delete that section which forbids any
person convicted of a felony from ever holding
an office or position with the City? Said
amendment will be accomplished by amending
Section 22-4 of Article XXII, all as fully set
forth in Resolution :-')
No. 0( of the Council
of the City. of Alameda.
MEASURE B
Shall the Charter of the City of Alameda be
amended to provide that certain appointed
officers, except within a certain time after
installation of a new Council Member, and
members of Charter Boards may be removed by a
simple majority vote of the Council? Said
amendment will be accomplished by amending
Section 2-2 of Article II and Section 10-9
of Article X, all as fully set forth in Reso-
lution No. 7436 of the Council of the City of
Alameda.
MEASURE C
Shall the Charter of the City of Alameda be
amended to provide for the abolition cf the
elective offices of Auditor and Treasurer and
establishment of the office of City Einahce
Officer to be appointed by the City Ccuncil, said
officer to perform the duties designated in said
Charter and by ordinance for those offices to be
abolished, to become effective in 1981? Said
amendment will be accomplished by amending Sec-
tions 2-1 and 2-2 of and -adding Section 2-2.1 to
Article II, by amending Section 4-1 and repealing
Sections 4-2, 4-3, 4-4, 4-5 and 4-6 of Article IV
and repealing Article V in its entirety, all as
fully set forth in Resolution No. 7013()of the
Council of the City of Alameda.
: YES
: NO
.....
YES :
NO :
: YES :
NO :
:.....: ....
MEASURE D
Shall the Charter of the City of Alameda be
amended to establish a City Council consisting
of seven members, comprised of a Mayor, Council
Member-at-Large and five Council Nen-Lets,
nominated from districts to be established by
ordinance, and elected at large? Said amendment
will be accomplished by amending Sections 2-1, 2-2,
2-6.1 and adding Sections 2-6.2, 2-6.3, 2-6.43,1
and 2-6.5 to Article II; amending -Sections/3-1.±:
3-4, 3-7(B), 3-7(1), 3-10 and 3-12 of and adding
Section 3-1.2 to Article III; amending Section
13-2 of Article XIII; and amending Section 17-5
of Article XVII, all as fully set forth in
Resolution No, of the Council of the City
of Alameda.
MEASURE E
Shall the Charter of the City of Alameda be
amended to permit the City Council to adopt
ordinances at special meetings? Said
amendment will be accomplished by amending
Section 3-11 of Article III, all as fully set
forth in Resolution No 70,3)of the Council
of the City of Alameda.
MEASURE F
Shall the Charter of the City of Alameda be
amended to permit the City Council to determine
by ordinance the form of organization of the
City Planning Board and the number of members
thereon? Said amendment will be accomplished
by amending Section 10-4.1 of Article X, all
as fully set forth in Resolution No. ialj of
the Council of the City of :Alameda.
MEASURE G
Shall the Charter of the City of Alameda be
amended to provide that all persons be
residents of the City for thirty days before
filing of nomination papers for any elected
office? Said amendment will be accomplished
by amending Section 2-5 of Article II, all as
set forth in Resolution No 70,36 of the Council
of the City of Alameda.
........ ....
: NO
..... ........
: 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: December ,)2,;') , 1978.
City Clerk of the 'ity of Alamo a
Section_4. (a) A Special Municipal Charter Amendment
Election is hereby called to be held in the City of Alameda on
Tuesday, March 6, 1979 for the purpose of submitting to the
qualified electors of said City said proposals set forth in
Section 3 of this resolution to amend the Charter of said City as
in said proposals 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 beheld 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 Lo vote at municipal elections
in said City of Alameda on the day of the election herein pro-
vided for shall be qualified to vote upon said amendments bereby
Proposed by the Council of the City 0:E A]ameda on its own motion
and submitted at said Special Municipal Charter Amendment Election.
(d) The polls at the polling 2laces 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 8:00 p.m. (P.S.T.) of said
day of election when the polls shall le closed (except as provided
in Section 14301 of the Elections Code), and the election officers
shall thereupon proceed to process the ballots cast thereat.
(e) Said Special Municipal Charter Amendment Election
shall be and is hereby consolidated vith the General Municipal
Election to be held in said City of Ajameda 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 preAncts; and the precincts,
polling p]aces and officers of electi)n for said Special muncipal
Charter Amendment Election shall be t o an a..3 those to be
selected -11-16 desicjnated by the Council of said City for said
General Municipal 71ection in said City of-Alameda by resolution,
to which resolution reference is hereby made for a designation of
the precincts, polling places and election officers for the
Special Municipal Charter .Pimindment Election hereby called..
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(f) Only one form of ballot shall be used at said General
Municipal Election 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 of more of the proposed
Charter amendments. To vote in favor of a proposal to amend the
Charter of the City of Alameda a voter shall so indicate 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
so indicate 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 amendments 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 made out and
signed by the election officers and shall bo by them deposited
with the City Clerk, together with the ballots cast at said
election; and this Council shall meet at the usual meeting place
and canvass said returns on Tuesday, Che 13th of March, 1979, at
the hour of 7:30 p.m. and declare the results of said election.
Section 5. Said proposed amendments sot forth in Section 3
hereof shall be set forth in the election proclamation and notice
of the General Municipal Election and Special Municipal Charter
Amendment Election to he held on Tuesday March 6, 1979, to be
published in the time and form required by Section 22835 of the
Elections Code of the State of California.
Section 6. The City Clerk- of the City of Alameda is heeeby
authorized and directed (1) to cause copies of the text of sail
proposed charier amendments to be printed in convenient pamPhit
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-ST_AR, a newspaper of general circulation in said City, a
notice that copies of said pamphlet may be bad 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, proposad
by the City Council on its own motion, to the Charter of the
City of Alameda amending Sections 2-1, 2-2, 2-5, 2-6,1, 3-1.1,
3-4, 3-7(D), 3-7(1), 3-10, 3-11, 3-12, 4-1, 10-4.1, 10-9, 13-2,
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17-5 and 22-4, adding Sections 2-2.1, 2-6.2, 2-6.3, 2-6.4, 2-6.5,
and 3-1.2 and repealing Sections 4-2, 4-3, 4-4, 4-5 and 4-6 and
Article v in its entirety, (1) deleting section which forbids
person convicted of a felony from ever holding an office or position
with the City, (2) providing for removal of certain appointed
officers by majority vote of the Council, (3) abolishing the offices
of Auditor and Treasurer and establishing office of City Finance
Officer, (4) establishing a seven member City Council to be nomi-
nated from districts and elected at large, (5) permitting City Council
to adopt ordinances at special meetings, (6) permitting City Council
to determine organization of the City Planning Board by ordinance,
and (7) providing that persons seeking elective offices be residents
of the City for thirty days before filing nomination papers, are on
file in the office of the City Clerk, City Hall, Alameda, California,
and may be had on application therefor.
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 19th day of December,
1978, by the following vote, to wit:
AYES:
NOES:
Councilmen Beckam, Diament, Sherratt, Tillman, and
President Oorica, (5).
None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 20th days of •Detember,•1978.
WeputV ,,t
t 1T6 51 ty of Al aniedo