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Resolution 12199CITY OF ALAMEDA RESOLUTION NO. 12199 PROPOSING TO AMEND THE CITY OF ALAMEDA CHARTER PERTAINING TO THE PRESERVATION OF ALAMEDA'S PUBLIC PARKS AND TO INCLUDE THE PROPOSAL IN THE CONSOLIDATED JUNE PRIMARY ELECTION TO BE HELD IN THE CITY OF ALAMEDA ON TUESDAY, JUNE 2, 1992. WHEREAS, the City Council of the City of called for a special municipal election to be held on for the purpose of submitting to the electors of Alameda amendments to the City Charter; and WHEREAS, the City Council has requested election be consolidated with the state wide primary the same date; and Alameda has June 2, 1992 the City of said special to be held on C) WHEREAS, the City Council of the City of Alameda desires to preserve public parks of the City of Alameda for future — CD generations. > NOW, THEREFORE BE IT RESOLVED that the Council of the City of Alameda hereby proposes on its own motion to amend the City of Alameda Charter by adding Section 22-12 to read as follows: Section 22-12. Notwithstanding any other provisions of this Charter to the contrary, the public parks of the City shall not be sold or otherwise alienated except pursuant to the affirmative votes of the majority of the electors voting on such a proposition; except that the City Council may (a) lease or grant concessions or privileges in public parks or any portion thereof or building or structure situated therein, or (b) grant permits, licenses or easements for street, utility or any other purposes in public parks or any portion thereof or building or structure situated therein, or (c) sell or dispose of public parks or any portion thereof if, after a public hearing or hearings in each case, the City Council determines that another new public park has been or will be designated by the City Council for public park purposes and opened to the public for public park purposes. The City Council shall determine that said "new public park" is of comparable size and utility and serves the same service area with substantially the same amenities and improvements. As used herein "public parks" means any and all lands of the City which have been or will be designated by City Council for public park purposes and/or recreational uses and opened to the public for public park purposes and/or recreational uses. "Public parks" also includes the Alameda Golf Complex. 0 BE IT FURTHER RESOLVED that the Council of the City of Alameda hereby proposes to and does hereby on its own motion submit to the qualified electors of the City at the June 2, 1992 election the proposal to amend the City of Alameda Charter by adding Section 22-12 in the manner hereinabove specifically set forth, as follows: MEASURE Proposed Charter Amendment of the City of Alameda. Shall the City Charter of the City of Alameda be amended to require that public parks and recreational lands, : YES : including the Alameda Golf Complex, • • shall not be sold or otherwise alienated : NO : unless authorized by a majority vote of • • • the electors; except that the City Council, without a vote of the electors, may lease or grant concessions, permits, licenses, or easements in any public park or recreational land, including the Alameda Golf Complex, or portion thereof and may sell or dispose of any public park or recreational land, including the Alameda Golf Complex, or portion thereof if it is replaced with a facility of comparable size and utility? BE IT FURTHER RESOLVED that the measure hereinabove referred to shall be designated on the ballot as "Proposed Charter Amendment of the City of Alameda." BE IT FURTHER RESOLVED that the City Clerk is hereby authorized, instructed and directed to furnish all printed materials, supplies and necessary materials required by law. BE IT FURTHER RESOLVED that the City Clerk shall furnish the Alameda County Registrar with all pertinent information and material to supplement the City's contract with the County entered into pursuant to Elections Code Section 20003. BE IT FURTHER RESOLVED that the City Clerk shall publish notices pursuant to Division 14 of the Elections Code as provided in Government Code Section 34450 authorizing any city to amend its charter pursuant to the procedures in Elections Code Article 3, Chapter 3 Division 5. BE IT FURTHER RESOLVED in all other matters of procedure the City Clerk shall conduct the election as provided by the Elections Code except where such provisions are in conflict with the City Charter. BE IT FURTHER RESOLVED that the City Clerk shall certify the passage or failure of the proposed Amendment and shall enter the results thereof in the records of the proceedings of the City Council at which meeting the results of the election are certified and adopted. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to file immediately a certified copy of this resolution with the Alameda County Board of Supervisors and with the Alameda County Clerk. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the fourth day of February, 1992, by the following vote to wit: AYES: Councilmembers Arnerich, Lucas, and President Withrow - 3. NOES: Councilmembers Camicia and Roth - 2. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this fifth day of February, 1992. Diane B. Felsch, City Clerk City of Alameda