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Resolution 09225CITY OF ALAMEDA RESOLUTION NO. 9225 PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA UPON 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 ' VIZ: (1) BY AMENDING SECTIONS 2-1 AND 2-3 THEREOF, ADDING SECTIONS 2-15, 17-14, 17-15 AND 17-16 THERETO AND REPEALING ARTICLES IV AND V TO ABOLISH THE OFFICES OF AUDITOR AND TREASURER AND ESTABLISH THE OFFICE OF FINANCE DIRECTOR, AND (2) BY AMENDING SECTION 19-2 TO PERMIT CONSOLIDATION OF CITY'S V GENERAL ELECTIONS WITH AN ELECTION OF ANOTHER GOVERNMENT AGENCY; 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 TUESDAY, JUNE 3, 1980 BE IT RESOLVED BY THE COUNCIL OF T CITY OF ALAMEDA as Section 1. The Council of the City of Alameda hereby Uproposes on its own motion to amend the Charter of the City of b Alameda by (a) adding Sections 2-15, 17-14, 17-15 and 17-16 Itthereto, (b) amending Sections 2-1, 2-3 and 19-2 thereof, and (c) repealing Articles IV and V thereof, all to read as set forth p, in the printed pamphlet provided for in Section 6 hereof, and in 1the notice entitled, "Proposed Amendments to the Charter of the uCity of Alameda hereinafter set forth in Section 3 hereof. Section 2. The Council of the City of Alameda hereby hproposes to and does hereby on its own motion submit to the hqualified electors of the City of Alameda, at the Special Municipal Charter Amendment Election hereinafter provided for, h a proposal to amend the Charter of the City of Alameda set forth Vin said notice hereinafter set forth in Section 3 of this resolu- ltion and designates and refers to said proposal as the proposal 1 to be set forth in the form of ballot hereinafter prescribed for .1.se at said Special Election. U Section 3. The City Clerk of the City of Alameda is hhereby 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 Odate of the Special Election hereinafter provided for, in the pALAMEDA TIMES-STAR, the official newspaper of said City, and in leach edition thereof during the day of publication, said newspaper Ubeing a newspaper of general circulation published at least six Odays a week in said City of Alameda; and such publication may be Vin substantially the following form: -1- PROPOSED AMENDMENTS THE CHARTER of the CITY OF ALAMEDA Special Municipal Charter Amendment Election June 3, 1980 Consolidated with Primary Election of the State of California The Council of the City of Alameda hereby proposes on its wn motion to amend the Charter of the City of Alameda: A -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 eliminate, "Auditor, who> shall be ex- officio Assessor, Treasurer, who shall be ex - officio Tax Collector .") A -2. By amending Section 2 -3 to read: Sec. 2 -3. The following offices are hereby estab- lished 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, Finance Director. (Effect: Would add "Finance Director." Otherwise unchanged A-3. By adding Section 2 -15 ead: Sec. 2-15. Appointment of the Finance Director shall be subject to the approval of the City Council. The Finance Director shall: (A) Perform all those duties of Auditor, Assessor, Treasurer and/or Tax Collector established by law and not the responsibility of another government agency. accounting, bookkeeping and he City. (C) Be covered by, an 0 Subsection 3 -7(E) provided in (Effect: Would require approval of the appointment of the Finance Director by the City Council, establish the duties of the position, and require an official bond.) A -4. By repealing Article IV in its entirety. (Effect: Would remove the position of Auditor- Assessor from the Charter.) Note: Some sections are renumbered below. A -5. By repealing Article V in its entirety, effective on the third Tuesday of the month following the next general municipal election, or upon the voluntary resignation or retirement of the incumbent Treasurer, whichever comes first. (Effect: Would remove the position of Treasurer -Tax Collector from the Charter.) Note: Some sections are renumbered below.) A -6. By, adding Section 17 -14 to read: Sec. 17 -14. No contract required to be in writing and imposing' any financial obligation upon the City shall be binding or of any force unless the Finance Director shall - endorse r: thereon his certificate that there remains an unexpended and unapplied balance of the appropriation or fund applicable thereto sufficient to pay and fully discharge the City's obligation under such contract as certified by the Board or Officer making the same. All sums of> money ' represented by such endorsements outstanding shall be used for no other purpose except the payment and discharge of the respective contracts so endorsed. (Effect° Would renumber Section 4 -7 to 17 -14 and change "Auditor" to "Finance Director." A -7. By adding Section 17 -15 to read: Sec. 17 -15, All demands for the payment of funds shall be approved by the Finance Director. No demand shalll be approved unless it is made upon appropriations authorized therefor and there are sufficient moneys otherwise un appropriated in the fund against which the payment of the t demand is made. (Effect: Would combine Sections 4 -5 and 4-6 and renumber them Section 17 --15, and change "Auditor" to "Finance Director." A -8. By adding Section 17 -16 to read: Sec. 17 -16. The Finance Director' shall approve the receipt of all moneys. All moneys received shall be posted to the fund for which their appropriation has been authorized. (Effect: Would renumber Section 5 -3 to Section 17 -16 and changes "Treasurer" to "Finance Director.") Note. This section would become effective on the third Tuesday of the month following the next general municipal election, or upon the voluntary resignation or retirement of the incumbent Treasurer, B -9. By amending Section 19 -2 to read: Sec. 19 -2. A General Municipal Election shall be held bi- annually on a day speci_fied therefor by general. law, or, if a different date would permit consolidation with another government agency's election, on a date set by resolution of the City Council, in each odd numbered year All other municipal elections shall be Special Municipal Elections. A Special Municipal Election may be called by ordinance or by resolution of the Council. (Effect: No change in effect but would clarify present ability to consolidate with other districts.) V The Council of the City of Alameda hereby proposes to and 'k 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 3, 1980 (which said election will be consolidated with the Primary Election of the State of California to be held on June 3, 1980), the following proposals to amend the Charter of the City of Alameda, in the manner here- ," inabove 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 provide for the abolition of the ik elective offices of Auditor and Treasurer and establishment of the office of Finance Director to be appointed by the City ilManager, subject to approval by the City V Council, said officer to perform the 0, duties designated in said Charter and by r ordinance for those offices to be abolished? N Said amendment will be accomplished by amending Sections 2-1 and 2-2 of and adding Section 2-15 to Article II, by repealing Article iv in its entirety, by repealing • Article V in its entirety on the third Tuesday of the month following the next general ki municipal election or upon resignation or retirement of the incumbent Treasurer, and by adding Sections 17-14, 17-15 and 17-16 to Article XVII, all as fully set forth in Resolution No 9225 of the Council of the • City of Alameda. MEASURE B . NO p• Shall the Charter of the City of Alameda be ✓ amended to permit consolidation of City's ............. kk k 'General Municipal Elections with an election YES 0 of another government agency? Said ' . l'amendment will be accomplished by amending . . V............. kk k' Section 19-2 of Article XIX of said charter, i NO i 0 all as fully set forth in Resolution No 9225 of the Council of the City of Alameda. ............. . . -4- 0 I hereby certify that the foregoing Charter amendment 11 proposals were ordered submitted to the qualified electors of II the City of Alameda by the Council of the City of Alameda. Dated: February 6, 1980 Section 4. (a) A Special Municipal Charter Amendment Election is hereby called to be held in the City of Alameda on Tuesday, June 3, 1980, 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 and in this resolution provided and as hereby submitted by the Council of the City of Alameda on its own motion. (b) Said Special Election hereby called shall be held and conducted, and the votes thereat canvassed and the returns pthereof made, and the results thereof ascertained and determined as herein provided, and in all particulars not prescribed in this resolution, said Special 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 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 pro- vided for shall be qualified to vote upon said amendments hereby i:proposed by the Council of the City of Alameda on its own motion and submitted at said Special Election. (d) The polls at the polling places hereinafter designated! for said Special Election shall be opened at 7:00 a.m, of said 0day of election, and shall be kept open continuously thereafter iuntil 8:00 p.m. of said day of election when the polls shall be closed (except as provided in Section 14301 of the Elections 0,Code), and the election officers shall thereupon proceed to :.;process the ballots cast thereat. (e) Said Special Election shall be and is hereby consoli- dated with the Primary Election of the State of California to be held in said City of Alameda on the date of said Special 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 Election shall be the same as those to be selected and ddesignated by the Board of Supervisors of the County of Alameda, qState of California, for said Primary Election of the State of l!California in said City of Alameda by resolution or ordinance of the aforesaid Board of Supervisors relating to the holding and 4 -5- 11 11 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 offi- cers for the Special Election hereby called. (f) only one form of ballot shall be used at said Primary Election of the State of California and said Special 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 or more of the pro- posed Charter amendments. To vote in favor of a proposal toamend4 ;the Charter of the City of Alameda a voter shall so indicate in 1 ;l 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 also indicate in the blank space opposite the word NO on the ;ballot to the right of said proposal. The votes cast for and €x against the proposed charter amendments shall be counted separate s and apart from all other measures to be submitted at the Special "4 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 , ut and signed by the election officers so designated by the Board 4 o Supervisors, County of Alameda, 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 proposed amendments set forth in Section 31 1! hereof shall be set forth in the election proclamation and notice ltof the Special Election consolidated with the Primary Election of the State of California to be held on Tuesday, June 3, 1980, to a 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 hereby! authorized and directed (1) to cause copies of the text of said ' proposed charter amendments to be printed in convenient pamphlet !form and to cause copies thereof to be mailed to each of the xqualified electors of said City,' and (2) until the day fixed for said Special Election to advertise daily in the ALAMEDA TIMES -STAR1 °a newspaper of general circulation in said City, a notice that ycopies 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 11 of Alameda (a) adding Sections 2 -15, 17 -14, 17 -15 and 17 -16 klthereto, (b) amending Sections 2 -1, 2 -3 and 19 -2 thereof, and -6- (c) repealing Articles IV and V 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 there- for. D EN S City Clerk of the City California -7- 1 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 5th day of February, 1980, by the following vote, to wit: AYES: Councilmen Diament, Stone,-Tillman and President Corica, (4). NOES: None. ABSENT: Councilman Sherratt - 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of February, 1980. Ci y Clerk of Alameda