Resolution 09479CITY OF ALAMEDA RESOLUTION NO. 9479
PROPOSING AN AMENDMENT 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 A PROPOSAL TO AMEND SAID CHARTER BY
AMENDING SECTION 22 -4 TO DELETE SECTION WHICH FORBIDS
PERSON CONVICTED OF A FELONY FROM EVER HOLDING AN OFFICE
OR POSITION WITH TEE CITY; FIXING THE DATE OF SAID
ELECTION, THE MANNER OF HOLDING SAME, AND PROVIDING FOR
NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL
CHARTER AMENDMENT ELECTION WITH THE GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON APRIL 21, 1.981
BE IT RESOLVED BY THE COU NCIL 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 Section 22 -4 thereof to read as set forth in
the notice entitled, "Proposed Amendment to the Charter of the
City of 'Alameda:"
Section 2. The Council of the City
proposes to and does hereby on it.s own motion sub
qualified electors of the City of Alameda, at
Charter Amendment Election hereinafter provided
amend the Charter of the City of Alameda set for
hereinafter set forth in Section 3 of this resolut
and refers to said proposal as the proposal to be set
of ballot hereinafter prescribed for use at said
men t Election.
eda hereby
it to the
e Special Municipal
or a proposal
h,in said noti
>n and designates
girth in the
Amend-
orde
Charter of the
forty (40) and
provided for,
said City, and
said newspaper
at least six d
tion may be in
The City Clerk of the City of Alameda
ected to cause said proposed amendment to
City of Alameda to be published once
not more than sixty (60) days pr
n the ALAMEDA TIMES -STAR, the official newspape
in each edition thereof during; the day of publication
being a newspaper of general circulation published
Ys a week in said City of Alameda; and such publica-
substantially the following form:
PROPOSED
to
THE CHARTER
of the
CITY OF ALAMEDA
Special Municipal Char
3olidated
er Amendmen
ith General
The Council of the City of
own motion to amend the Charter o
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 posi
of employment
Election April 21, 1981
Sunicipal Election
eda hereby proposes on its
y of Alameda:
ion
(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. ")
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, April 21, 1981 (which said election
will be consolidated with the General Municipal Election to be
held on April 21, 1981 }, the following proposal to amend said
Charter, in the mariner hereinabove specifically set forth, as
follows:
AMENDMENT TO THE CHARTER OF,THE CITY OF AL DA
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. ;' of the Council
of the City of Alameda.
YES
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: February
Section 4. (a
Election is hereby cal
Tuesday, April 21, 19
qualified electors a
Section 3 of this
in said proposal
submitted by the C
City o:
unicipal Charter Amendment
d in the City of Alameda on
or the purpose of submitting to the
d City said proposal set forth in
on to amend the Charter of said City as
resolution provided and as hereby
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 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 California.
(c) All persons
in said City of Alameda
vided for shall be qual
proposed by the Council
and submitted at said S
qualified to vote at municipal elections
on the day of the election herein pro -
fled to vote upon said amendment' hereby
le` City of Alameda on its own motion
ecia nicipal Charter Amendment
(d) The polls at the polling places 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 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 Municipal Charter Amendment 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 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 precincts; and the precincts;
polling places and officers of election for said Special Municipal
Charter Amendment 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 for a designation of
the precincts, polling places and election officers for the
Special Municipal Charter Amendment Election hereby called.
(f)
Municipal E
Election he
other matte
the measure
Only one form of ballot shall be used at said General
ection and said Special Municipal Charter Amendment
eby consolidated therewith, which, in addition to all
s required by law to be printed thereon, shall state
set forth in Section 3 hereof.
(g) Each voter may vote on the proposed Charter
To vote in favor of the proposal to amend the Charter o
of Alameda a voter shall so indict
the word "YES" on the ballot
vote against said proposal a'vc
space opposite the word "NO " on the ballo
proposal. The votes cast for and against the 'p
amendment shall be counted separate and apart f
asures to be submitted at the Special Municipa
ection hereby called for the purpose of submit
endment, and if a majority of the qua'.
proposed charter amendment vote in favor
amendment shall be deemed ratified.
amendment-
the City
to in the blank space opposite
he right of the proposal, and to
er shall so indicate in the blank
e right of said
posed charter
11 other
Charter Amendmen
ng said cha
ied voters voting on
hereof, said charter
a
(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 7 :30 p.m. and declare the results of said election.
Section 5. Said proposed amendment set forth in Section 3
hereof shall be set forth in the election proclamation and notice
the Genera l Municipal Election and Special Municipal Charter
Amendment 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 Alameda is hereby
authorized and directed; (1) to cause copies of the text of said
proposed charter amendment to be printed in convenient pamphlet
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 -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 AMENDMENT
NOTICE IS IIEREBY GIVEN to the qualified electors of the
City of Alameda that pamphlet copies of the amendment, proposed
by the City Council on its own motion, to the Charter of the
City of Alameda amending Section 22 -4 deleting section which
bids person convicted of a felony from ever holding an office
position with the City, are on file in the office of the
y Clerk, City Hall, Alameda, California, and may be had on
application therefor.
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 3rd of February, 1981, 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 off
February, 1981.
of said City this 4th day of