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Resolution 09478CITY OF ALAMEDA RESOLUTION NO, 947 PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ALAMEDA ON >PETITION SIGNED BY MORE THAN FIFTEEN PERCENT (15%) OF THE VOTERS WHO VOTED IN THE LAST GUBERNATORIAL ELECTION; CALLING A SPECIAL MUNICIPAL ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF A PROPOSAL TO AMEND SAID CHARTER, VIZ: BY ADOPTING SECTION 28 -1 OF A NEW ARTICLE XXVIII TO BE ADDED THERETO, TO PROHIBIT CONSTRUCTION OR RECONSTRUCTION, WIDENING OR EXTENSION OF ANY STREET IN AN EXISTING RESIDEINTTIAL DISTRICT WHICH CAN INCREASE TRAFFIC CAPACITY, NOISE OR AIR POLLUTION; FIXING THE DATE OF SAID SPECIAL ELECTION, THE MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF ALAMEDA ON TUESDAY; APRIL 21, 1981 BE IT folio SOLVED BY THE - COUNCIL OF THE CITY OF ALAMEDA as Section 1, The Council of ity cif Alameda hereby proposes, on petition signed by mc?r an fifteen percent (15/) of election, to amend the Charter of the City of Alameda by adopting Section 28 -1 of a new Article XXVIII to be added to said ChartE provided in the notice enti_tled "Proposed Amendmen- t) f the City of Alameda, hereinafter set fort! in Se resolution. the C e tli the voters who voted in the last guubernato Section 2, The Coun proposes to and does hereby, -on petition percent (15f) of the voters who voted in election, submit to the - qualified electors at the special municipal election hereinaf proposal to amend the Charter of tYie City said notice lereinafter'set and refer he form o: he Cit the Char on 3 of of Alameda hereby ned by more than art gubei he City provided Alameda set this res oposal as the proposal inafter prescribed for cipa.l, ele Section 3: The City Cleric of the City of Alameda is hereby ordered - and "directed to cause said proposed amendment to the Charter of the City of Alameda to be published once, not less than arty (40) and not more than sixty (80) days prior to the date the special municipal election hereinafter provided for, in k.he ALAMEDA TIMES- STAR, the official newspaper of said City, and in each edition` thereof during the day of publication, said newspaper ing a newspaper 'of general circu lation published at least six days a week in said City of Alameda; and such publication may be in substantially the following fo PROPOSED AMENDMENT to THE CHARTER of the CITY OF ALAMEDA Special Municipal Election April 21, 1981 (Consolidated with General Municipal Election) The Council o the City of Alameda hereby proposes, o petition signed by more than fifteen percent (15/) of the voters who voted in the last gubernatorial election, to amend the Cha of the City ,of Alameda by adopting Section 28 -1 of a new Article XXVIII thereof, to read: "ARTICLE Street Construction "Sec. 28 -1. No new or existing road or street shall be constructed, reconstructed, widened, extended or improved in any manner or configuration which can increase traffic capacity, noise or air pollution within any `?'residentia1 district," except new roads or streets which lie wholly within "tentative' maps;" "parcel maps," or "subdivision maps," and do not connect to the existing road or street system as an extension of any existing road or street. The Council of the City of Alameda hereby proposes to and does hereby, on petition signed by more than fifteen percent (15 /) of the voters who voted in the last gubernatorial election, submit to the qualified electors of said <City at a special municipal election to be held in said City on April 21, 1981 (which said election will be consolidated with the General Municipal Election to be held on Tuesday, April 21, 1981), the following proposal to amend said Charter, in the manner hereinabove specifically stt forth, as follows. MEASURE B Shall the Chart of the City of Alameda be amended to prohibit construction or reconstruction, widening or extension of any street in an existing residential district which can increase traffic capacity, noise or air pollution, excepting new streets, located within 'subdivisions, which do not connect to the existing road or street system as an extension of any existing road or street? Said amendment will be accomplished by adding Article XXVIII to the Charter, all as fully set forth in Resolution No 944,7,5 o the Council of the City of Alameda. : YES : 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 Section 4. (a) A special municipal election is hereby called to be held in the City of Alameda on Tuesday, April 21, 1981, for the purpose of submitting to the qualified electors of said City said proposal set forth in Section 3 of this resolution to amend the Charter of said City as in said proposal and in this resolution provided and as hereby submitted by the Council of the City of Alameda on Petition signed by more than fifteen percent (15 %) of the voters who voted in the last guberna't'orial election. (b) Said ,special municipal 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 pre- scribed in this resolution, said special municipal 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 municipal elections in the City; of Alameda, and otherwise in accordance with the Elections Code of the State of Cali (c) All persons qualified to vote at municipal elections in said City of Alameda on the day of the election herein provided for shall be qualified to vote upon said amendment hereby proposed by the Council of the City of Alameda, on Petition signed by more than fifteen percent` (15%) of the voters who voted in the last gubernatoria election, 'and submitted at said special municipal election. (d) The polls at the polling places hereinafter designated for said special municipal 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 poll shall be closed (except as provided in Section 14301 of the Elections Code), and the election officers shall thereupon proce to process the ballots cast thereat. (e) Said special municipal election shall be and is hereby consolidated with the General Municipal- 'Election to be held in said City of Alameda on the date of said special municipal 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 municipal election shall be the same as those to be selected and designated by the Council of said City for said General Municipal Election in said City of Alameda by resolution, to which resolution reference is hereby made the precincts, polling places and election o special municipal election hereby called. (f) Only one for of ballot shall be Municipal Election and said special municipal consolidated therewith, which, in addition to required by law to be printed thereon, shall forth in Section 3 hereofa or a designation of icers for the sed at said General election hereby all other matters tate the measure set (g) Each voter may vote on the proposed Charter amendment. 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 cast for and against the proposed charter endment shall be counted separate and apart from all other asures to be submitted at the special municipal election hereby called for the purpose of submitting said charter amendment, and if a majority of the qualified voters voting on a proposed charter amendment vote in favor thereof, said charter amendment shall be deemed ratified. (h) The returns of said election shall be made out and signed by the election officers and shall be 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, the 28th day of April, 1981, at the hour of 7x30 p.m. and declare the results of said election. Section -5.. Said proposed amendment .set forth in Section hereof shall be set forth in the election proclamation and not of the General Municipal Election and special municipal election to be held on Tuesday, April 21, 1981,' 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 A authorized and directed (1) to cause copies of the proposed charter amendment to be printed in conven form and in type of not less than eight -point and thereof to be mailed to each of the qualified elec ameda is hereby text of said en t pamphlet cause copies 7f said City, and (2) until the day fixed for said special municipal election to advertise daily in the ALAMEDA TIMES -STAR, a news- paper 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 formw NOTICE OF AVAILABILITY OF CHARTER AMENDMENT NOTICE IS HEREBY GIVEN to the qualified electors of the City of Alameda that pamphlet copies of the amendment, proposed by the Council, on petition signed by more than fifteen percent (15 %) of the voters who voted in the last gubernatorial election, to the Charter of the City of Alameda by adopting Section 28 -1 of a new Article XXVIII thereof, to prohibit construction or reconstruction, widening or extension of any street in an existing residential district which can increase traffic capacity, noise or air pollution, are on file in the office of the City Clerk, City Hall, Alameda, California 94501, and may be had on application therefor. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by Council of the City of in regular meeting assembled on the 3rd of February, 1981, by the following vote, to wit: AYES: Councilmen Diament, Sherratt, Stone and President Corica - 4. NOES: Councilman Tillman - ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of February, 1981.