Resolution 09351CITY OF ALAMEDA RESOLUTION NO. 935
PROPOSING AMENDMENTS TO THE CHARTER OF THE CI`I'Y 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 A PROPOSAL AMENDING CHARTER
PROVISIONS TO ESTABL` ISH TEE DUTIES OF THE AUDITOR
AND TREASURER AND THE QUALIFICATIONS THEREOF; 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 TUESDAY, NOVEMBER 4, 1950
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA as
follows:
Section 1, The Counoi± of the City of Alameda hereby pro-
poses on its'own motion to amend the Charter of the City of
Alameda by (a) adding Sections 17 -14, 17 -15 and 17 -16 thereto,
(b) amending Sections 4 -1, 4 -2, 5 -:1 and 5 -2 thereof, and (c)
repealing Sections 4 -3, 4 -4, 4- 5,'4 -6, 4--7 and 5-- 3'thereof, all
to read as set or in the printed pamphlet provided for
Section 6 hereof, and in the notice entitled, Amei7d
to the Charter of the City of Alameda." hereinafter set for tTi in
Section 3 hereof.
Section 2. The Council
proposes to and does hereby on i.ts
qualified electors of the City of Ala
Charter Amendment Election hereinafte
to amend the Cha
notice hereinafte
designates and re
forth in the form
Special Election.
e City of Alameda hereby
otion submit to the
da, at the Special Munic'tpa:1
provided for, a proposal
the City of Alameda set Earth in said
set forth in Section 3 of this solution and
to said proposal as the proposal to be set
of ballot hereinafter prescribed for use at said
Section 3. The City Glerk of the City of Alameda is hereby
ordered and directed to cause said proposed amendments to the
C r of the City of Alameda to be published once, not less
than (40) and not more than sixty, (60) days prior to the
date of the Special Election 2hereinaft:r provided for, in the
ALAMEDA TIMES - STAR, the of_ cial newspaper of said City, and in
each edition thereof during the day of 'publication, said newspaper
being a newspaper 'of genera l' circulation published at least six
days a week in said City of Alameda; and such publication may be
in substantially the follow
PROPOSED AMENDMENTS
to
THE CHARTER
of the
CITY OF ALAMEDA
The City Council of the City of Alameda hereby proposes
on its own motion that the Charter of the Cik:y of Alameda be
amended by repealing Sections 4 -3, 4 -4, 4 -5 4 -6, 4--7 and 5-3
thereof, by amending Sections 4 -1, 4 -2 5 -1 and 5--2 thereof and
by adding Sections 17 -14, 17-15 and 17 -16 thereto to read as
follows:
Sec. 4 -1. The Auditor shall have been, at the time
of his /her election, a certified public accountant having
at least five years experience as a public accountant.
Sec 4•-2, The Auditor shall provide for periodic
audits of the City's financial operations, boos and records
to assure that the City's financial transactions, accounts and
records are maintained in accordance with the requirements of
the City Charter, state and federal laws and generally
accepted accounting principles and practices. The Auditor
shall be responsible for the acts the on an official bond.
Sec: ,5-°1, The Treasure
his /her election, five year
investment programs.
shall have
experience
had, at the time of
i administering
Sec. 5 -2. The Treasurer shall have custody of all moneys
belonging to the City. The Treasurer shall be responsible
for the acts thereof on an official bond.
Sec: 17 --14. No contract required to be in writing and
imposing any financial obligation upon the City shall. be bind
ing or of any force unless 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. Said unexpended and unapplied balance shall be used
for no other purpose except the payment and discharge of the
respective contracts.
Sec. 17 -15. No demand shall be approved unle
made upon appropriations authorized therefor and there are
sufficient moneys otherwise unappropriated in the fund against
which the payment of the demand is made.
17 -16 All moneys received shall be posted to the
fund for which the appropriation has been authorized.
The Council of the City of Alameda hereby proposes to and
does hereby on its own motion submit to the qualified electors o:
said City at a Special Municipal Charger Amendment Election to be
held in said City on Tuesday, November 4, 1980 (which said election
be consolidated with the General Election of the State of
California to be held on November 4, 1980), the following proposal
to amend the Charter of the City of Alameda, in the manner herein-
above specifically set forth, as follows:
AMENDMENT TO THE CHARTER OF THE CITY OF ALAMEDA
MEASURE A
Shall the Charter of the City of Alameda be
amended to provide for specific qualifica-
bons and duties of an elected Auditor and
an elected Treasurer and by placing
provisions for the financial management of
the City in the Finance Article of the
Charter? Said amendment will be accomplished
by amending Sections 4 -1, 4 -2, 5 -1 and 5 -2,
by adding Sections 17 -14, 17 -15 and 17 -16 and
by repealing Sections 4 -3, 4 -4, 4-5, 4 -6, 4 -7
and 5--3 of the Charter; all as fully set
forth in Resolution No. ' j of the Council
of the City of Alameda..
I hereby certify that the fore
proposal was ordered submitted to the
City of Alameda by the Council of the
Ding Charter amend
qualified electors
City of Alameda.
ent
of the
Section 4.
Election is ' hereby ca
Tuesday, November 4,
qualified elector
3 of this resolu
proposal and in
by the Council of i:h
A Special Municipal Charter Amendment
ed t held in the City of Alameda on
0, for the purpose of submitting to the
said City said proposal set forth in Section
amend the Charter of said City as in said
provided and as hereby submitted
meda on its own motion;
(b) Said Special Election hereby cal led> shall be held
and conducted, and the votes thereat canvassed and he returns
thereof 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 tine Elections Code of the State of
'fornia.
(c) All
in said City of
vidod for shall
proposed by the
said Special. El
persons qualified to vote at mun ±cipal elections
Alameda on the day of the election herein pro-
be qualified to vote upon said amendment hereby
Council of the City of Alameda and submitted at
0
(d) The polls at the polling places hereinafter designated
for said Special Election shall be opened at 7 :00 a.m, of said
day of election, and shall be kept open continuously thereafter
until 8:00 p.m. of said day of election when the polls shall be
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 Election shall be and is hereby consoli-
dated with the General 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
designated 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 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 General
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
measure set forth in Section 3 hereof.
(g) To vote in favor of the 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 as for and against the
proposed charter amendments shall be counted separate and apart
from any other measures to be submitted at the General Election,
and if a majority of the qualified voters voting on the proposed
charter amendments vote in Eavor thereof, such amendments shall
be deemed ratified.
(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, and the results thereof
transmitted to the City Clerk of Alameda, and the 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 3
hereof shall be set forth in the election proclamation and notice
of the Special Election consolidated with the General Election of
the State of California to be held on Tuesday, November 4, 1980,
to be published in the time and from required by Section 22035 of
the Elections Code of the State of California,
-4-
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
qualified, electors of said City, and (2) until the day fixed for
said Special 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 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
of Alameda (a) adding Sections 17 -1.4, 17 -15 and 17 -16 thereto,
(b) amending Sections 4 -1, 4 -2, 5 -1 and 5 -2 thereof, and (c) re-
pealing Sections 4 -3, 4 -4, 4 -5, 4 -6, 4 -7 and 5 -3 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.
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 15th day of July, 1980, by the following vote,
to wit:
AYES: Councilmen Diament, Sherratt, Stone, Tillman, and
President Corica, (5).
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 16th day of July, 1980.
CITY OF ALAMEDA RESOLUTION NO. 9359
AMENDING RESOLUTIONS 9351 AND 9352 ESTABLISHING THE
QUALIFICATIONS OF THE AUDITOR AND TREASURER OF THE
CITY OF ALAMEDA
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that
Resolution No. 9352, adopted July 15, 1980, is hereby amended by
amending MEASURE A: Charter Amendment thereof to read as
follows:
MEASURE A: Charter Amendment
Shall the Charter of the City of Alameda be
amended to provide for specific qualifica-
tions and duties of an elected Auditor and
an elected Treasurer and by placing
provisions for the financial management of
the City in the Finance Article of the
Charter? Said amendment will be accomplished
by amending Sections 4-1, 4-2, 5-1 and 5-2,
by adding Sections 17-14, 17-15 and 17-16 and
by repealing Sections 4-3, 4-4, 4-5, 4-6, 4-7
and 5-3 of the Charter, all as fully set
forth in Resolution No. 9359 of the Council
of the City of Alameda.
YES :
NO
BE IT FURTHER RESOLVED that Resolution No. 9351, adopted
July 15, 1980, is hereby amended by amending Section 3 thereof to
read as follows:
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 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 circulation published at least six days a week in said City
of Alameda; and such publication may be in substantially the follow-
ing form:
PROPOSED AMENDMENTS
to
THE CHARTER
of the
CITY OF ALAMEDA
The City Council of the City of Alameda hereby proposes
on its own motion that the Charter of the City of Alameda be
amended by repealing Sections 4-3, 4-4, 4-5, 4-6, 4-7 and 5-3
thereof, by amending Sections 4-1, 4-2, 5-1 and 5-2 thereof and
by adding Sections 17-14, 17-15 and 17-16 thereto to read as
follows:
Sec. 4-1. The Auditor shall have, at the time of his/
her election, a degree in accounting or business administration
and five years accounting experience.
Sec. 4-2. The Auditor shall provide for periodic audits
of the City's financial operations, books and records to
assure that the City's financial transactions, accounts and
records are maintained in accordance with the requirements of
the City Charter, state and federal laws and generally
accepted accounting principles and practices. The Auditor
shall be responsible for the acts thereof on an official bond.
Sec.5-1. The Treasurer shall have had, at the time of
his/her election, five years experience in administering
investment programs.
Sec. 5-2. The Treasurer shall have custody of all moneys
belonging to the City. The Treasurer shall be responsible
for the acts thereof on an official bond.
Sec. 17-14. No contract required to be in writing and
imposing any financial obligation upon the city shall be bind-
ing or of any force unless 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. Said unexpended and unapplied balance shall be used
for no other purpose except the payment and discharge of the
respective contracts.
Sec. 17-15. No demand shall be approved unless it is
made upon appropriations authorized therefor and there are
sufficient moneys otherwise unappropriated in the fund against
which the payment of the demand is made.
Sec. 17-16. All moneys received shall be posted to the
fund for which their appropriation has been authorized.
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 Tuesday, November 4, 1980 (which said election
will be consolidated with the General Election of the State of
California to be held on November 4, 1980), the following proposal
to amend the Charter of the City of Alameda, in the manner herein-
above specifically set forth, as follows:
AMENDMENT TO THE CHARTER OF THE CITY OF ALAMEDA
•1EASURE A
Shall the Charter of the City of Alameda be
amended by provide for specific qualifica-
tions and duties of an elected Auditor and
an elected Treasurer and by placing
provisions for the financial management
the City in the Finance Article of the
Charter? Said amendment will be accomplished
by amending Sections 4 -1, 4 -2, 5 -1 and 5 -2,
by adding Sections 17 -14; 17 -15 and 17 -16 and
by repealing Sections 4 -3, 4 -4, 4 -5, 4 -6, 4 -7
and 5 -3 of the Charter, all as fully set
forth in Resolution No 9359 of the Council
of the City of Alameda.
NO
I hereby certify that the foregoing Charter amendment
proposal was ordered submitted to the qualified electors of the
City of Alameda by the Council of the City of Alameda
Dated: Augcust 8. 19311
Alameda
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to immediately file with the Board of Supervisors,
County of Alameda, State of California, this Resolution, duly
certified by said Clerk, and file a copy of said certified Resolu-
tion with the County Clerk of. the County of Alameda, State of
California.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the City
of Alameda at a Special Council Meeting assembled on the 8th day of
August, 1980, by the following vote, to wit:
AYES: Councilmen Diament, Sherratt, Stone, and
President Corica - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this llth day of August, 1980.
City Clerk of the C
eda