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Resolution 09840CITY OF ALAMEDA RESOLUTION NO. 9840 PROPOSING AMENDMENTS 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 TIE PURPOSE OF SUBMITTING TO THE ELECTORS PIIERE'OF A PROPOSAL TO AMEND SAID CHARTER, VIZ: BY AMENDING SECTIONS 2 -1, 2- 10,2 -11, 2 -13, 3 -1.1, 3 -7(C), 3 -7(D), 3 -10, 3 -17, 4 -2, 10 -10, 10 -11 and 15 -1(A) THEREOF; BY DELETING SECTIONS 3 -19, 7 -2(D) AND 7 -2(K) THEREOF; AND BY ADDING SECTION 2- 15' THERETO, ,TO.,DELETE OBSOLETE AND UNCLEAR LANGUAGE AND CONFORM TO GENERAL LAW AND OTHER SECTIONS OF THE CHARTER; 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 ELECTION OF THE STATE OF CALIFORNIA TO BE HELD ON NOVEMBER 2, 1982 BE IT RESOLVED BY THE COUNCIL 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 Sections 2 -1, 2 -10, 2 -11, 2-13, 3 -1.1, 3 -7(c), 3 -7(d), 3 -10, 3 -17, 4 -2, 10 -10, 10-11 and 15 -1(A) thereof; by deleting Sections 3 -19, 7 -2(D) and 7 -2(K) thereof and by adding Section 2 -15 thereto, to delete obsolete and unclear language and conform to General Law and other sections of the Charter , to read as set forth in the notice entitled, "Proposed Amendments to the Charter of the City of Alameda." SECTION 2. 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 of Alameda, at the Special Municipal Charter Amendment Election hereinafter provided for a proposal to amend the Charter of the City of Alameda set forth in said notice hereinafter set forth in Section 3 of this resolution and designates and refers to said proposal as the proposal to be set forth in the form of__'ballot hereinafter prescribed for use at said Special Municipal Charter Amendment Election. 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 Municipal Charter Amendment 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 .following form. PROPOSED AMENDMENTE to THE CHARTER of the CITY OF ALAMEDA Special Municipal Charter Amendment Election November 2, 1982 (Consolidated with State General Election) The Council of the City of Alameda hereby eroposes on its own motion to amend the Charter of the City of Alameda: F-1. By amending Section 2-1 to read: Sec. 2-1. The following elective officers are hereby established: The Mayor and four (4) Councilmen, who shall constitute the Council; Auditor; Treasurer. (Effect: Deletes "who shall be ex-officio Assessor" after "Audit6r" and "who shall be ex-officio Tax Collector" after "Treasurer". Obsolete language under Proposition 13.) F-2. By amending Section 2-10 to read. Sec. 2-10. In the event of a vacancy in the office of Auditor, Treasurer, City Attorney, or City Clerk, the Council shall, within twenty-one days thereof, designate someone to perform the duties of the vacant office until such time as a successor may be appointed. Until a successor is appointed the City Manager shall provide for the performance of the duties of the vacant office and is authorized hereby to execute documents required thereof to continue normal operations. (Effect: Section now reads, "In the event of a vacancy in the office of Auditor, Treasurer, City Attorney or City Clerk ,the ranking deputy or assistant shall, during such vacancy, perform the duties of such office." Obsolete be- cause not everyone has a deputy.) F-3. By amending Section 2-11 to read: Sec. 2-11. Any incumbent of any elective Federal, State or County office shall be ineligible to hold any elective office or office of member of any board created by this Charter. (Effect: Deletes "except notary public or officer in the ilitary or naval reserve forces," after "Any incumbent of any Federal, State or County office," and adds the word "elective" before the word "Federal". Deletes unclear language.) F-4. By amending Section 2-13 to read: Sec. 2-13. A11 officers, boards and the certified public accountant appointed pursuant to Subsection 3-7(C) shall have power to administer oaths and affirmations, -2- to examine witnesses and compel their attendance by subpoena in all matters affecting their respective offices and positions. (Effect: Deletes last sentence which reads All legal process issued pursuant to this section shall be executed by or under the authority of the Chief of Police." Deletes obsolete language.) F-5. By adding Section 2-15 to read: Sec. 2-15. All references to Councilman herein shall hereby be changed to Counciithember. (Effect: Councilmen hereafter shall be referred to as Councj]- members.) F-6. By amending Section 3-1.1 to read: Sec. 3-1.1. Notwithstanding any other provision of this Charter to the contrary, this section shall control as to the matters herein contained. The Council shall con- sist of the Mayor and four Councilmen, elected in the manner set forth Ir Section 2-1.1 and elsewhere in this Charter. All provisions of this Charter which are inconsistent with the provisions of this section shall be deemed amended or repealed whichever is appropriate. (Effect: Deletes "Commencing April 20, 1971," before begin- ning of second sentence. Deletes "From and after such date," before beginning of third sentence. Deletes obsolete language.) F-7. By amending Section 3-7 (C) to read: Sec. 3-7 (C). Contract and fix the compensation for the services of a certified public accountant, who shall at least annually investigate the transactions and audit the accounts of all officers having the collection, custody or disbursement of Public monev, or having the power to approve, allow or audit demands on the treasury. Said auditor shall have free access to all records, books and papers in all departments of the City. Said auditor may at any time visit any of the public offices and make examinations and investigations therein without hindrance. Said auditor must examine the official bonds of all City officers and employees and investigate the sufficiency and solvency of the sureties thereon. At the close of the investigation said auditor shall file with the Council a written report containing recommendations. If during said auditor's examina- tion and audit it shall appear that a public offense has been committed, or that any officer or employee is in default, or that the surety on any bond is insufficient, said auditor shall immediately report to the Council, which shall take proceedings as are authorized by law. (Effect: Deletes "semi-" before "annually" in the first paragraph. Changes "he" to "said auditor". Deletes obsolete language.) F-8. By amending Section 3-7 (D) to read: Sec. 3-7 (D) Provide for annual vacations with pay for all City employees. (Effect: Deletes "by ordinance" after "Provide" and deletes "officers and after "City". Deletes obsolete language.) F-9. By amending Section 3-10 to read: Sec. 3-10. All acts of the Council imposing penalties, prescribing public regulations, granting franchises, or providing for the acquisition, transfer or lease for a period longer than one year of real property, shall be by ordinance; provided, however, that the acquisition of real property, or any interest therein, may be authorized by resolution when the purchase price to be paid, together with any obliga- tion imposed on the City in connection with any such acqui- sition, does not exceed the sum provided by the general law for cities requiring competitive bidding for the purchase of supplies and materials, or when such acquisition is to be accomplished by condemnation in eminent domain proceedings, or in connection with public improvements proceedings taken under some law. No real property of the City shall be leased for a period in excess of one year or sold, except upon the affirmative vote of four members of the Council. The provisions of this section shall not apply to the acquisition or transfer of real property when, pursuant to procedure established by ordinance or by any code or general law of the State of California, such property has been acquired, or is transferred or acquired in satisfaction, foreclosure or enforcement of a lien for taxes or special assessments of any character. (Effect: Changes "the sum of $1,000.00," to read "the sum provided by the general law for cities requiring compe- titive bidding for the purchase of supplies and materials," following "in connection with any such acquisition, does not exceed" in the first paragraph. Conforms to general law and other sections of the Charter.) F-10. By amending Section 3-17 to read: Sec. 3-17: When entering into any contract for labor or hiring any labor for public contract work, preference may be given to contractors, mechanics, artisans or other laborers of any class, who shall have actually resided in the City for a period of six months preceding the date of their engagement to perform labor, quality and price of work being equal. (Effect: Changes "shall" to may after "preference". Con- forms to general law.) F-11. By deleting Section 3-19. (Effect: Deletes entire Section which provided for the transfer to the County of Alameda of any or all of the public health and sanitation functions and services provided for by Charter or Ordinance of the City of Alameda or by State or Federal law, rules or regulation, and for the assumption, enforcement, observance and performance thereof by Alameda County officers and employees and the transfer of employees of the City of Alameda Health Department to the employ of the County of Alameda. Deletes obsolete Section.) F-12. By amending Section 4-2 to read: Sec. 4-2. The Auditor shall provide for at least annual 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 bonds. (Effect: Following "The Auditor shall provide for" changes "periodic" to "at least annual". Less ambiguous.) F-13. By deleting Section 7-2 (D). (Effect: Deletes obsolete section which authorizes City Manager "To act as purchasing agent for the City and all officers and boards thereof, except the Board of Education and the Public Utilities Board unless so requested by them.") F-14. By deleting Section 7-2 (Y). (Effect: Deletes obsolete section which authorizes City Manager "Until a Civil Service ordinance shall be in force, to establish examinations as to fitness of applicants for positions below the rank of Chief in the Police and Fire Departments and to make appointments therein only on the basis of merit after such examinations.") F-15. By amending Section 10-10 to read: Sec. 10-10. At its first meeting after July 1 of each year each such board shall elect a President, a Vice President and such other officers as it may desire. (Effect: This section, relating to Charter Boards, deletes ", a Secretary" after "Vice-President". Obsolete provision.) F-16. By amending Section 10-11 to read: Sec. 10-11. Each of said boards shall have the power to establish rules for its proceedings. (Effect: Deletes, following "proceedings", "appoint, discipline and remove (subject to Civil Service requirements) its officers and employees and prescribe their duties and exer- cise all authority and perform all duties prescribed by this Charter and by general law and ordinances." Obsolete language.) F-17. By amending Section 15-1 (A) to read: Sec. 15-1 (A). To assess the social service needs of the community and to facilitate provisions therefor. (Effect: Replaces subsection which states the Social Service Human Relations Board shall have the power To encourage the formation of private social welfare organizations to meet needs not already provided for and to foster all worthy philanthropic enterprises." New definition more flexible.) 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 2, 1982 (which said election will be consolidated with the General Election of the State of California to be held on Tuesday, November 2, 1982), the following proposal to amend said Charter, in the manner hereinabove specifically set forth, as follows: AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA MEASURE F Shall the Charter of the City of Alameda be amended to delete obsolete and unclear language? Said amendment will be accomplished by amending Sections 2-1, 2-10, 2-11, 2-13, 3-1.1, 3-7(C), 3-7(D), 3-10, 3-17, 4-2, 10-10, 10-11 and 15-1(A), by adding Section 2715, and by deleting Sections 3-19, 7-2(D) and 7-2(K), all as more fully set forth in Resolution No. ?HO of the Council of the City of Alameda. .... — • YES : ..... : . NO ...• ^Y.... 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 Charter Amendment Election is hereby called to he held in the City of Alameda on Tuesday, November 2, 1982 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 in this resolution provided and as hereby submitted to the Council 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 pre- scribed 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 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 amendments hereby proposed by the Council of the City of Alameda on its own motion and Sub- mitted at said Special Municipal Charter Amendment Election. (d) The polls at the polling places hereinafter designated for said Special Municipal Charter Amendment 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 14436 of the Elections Code), and the election officers shall thereupon proLeed to canvass the ballots cast thereat. (e) Said Special Municipal Charter Amendment Election shall be and is hereby consolidated with the General Election of the State of California to be held in said City 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 elec- tion 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 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 officers for the Special Municipal Charter Amendment Election hereby called. (f) Only one form of ballot shall be used at said General Election of the State of California and said Special Municipal Charter Amendment 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 8 hereof. (g) Each voter may vote on any one or more of the proposed Charter amendments. To vote in favor of a 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 -7- to the right of said proposal. The votes cast for and against the proposed charter amendment shall be counted separate and apart from all other measures to be submitted at the Special Municipal Charter Amendment Election hereby called for the purpose of sub- mitting 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 out and signed by the election officers so designated by the Board of Supervisors, County of Alameda, and the results thereof trans- mitted 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 hereof shall be set forth in the of the Special Municipal Charter with the General Election of the on Tuesday, November 2, 1982, to required by Section 22835 of the California. amendments set forth in Section 3 election proclamation and notice Amendment Election consolidated. State of California to be held be published in the time and form Elections Code of the State of 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 municipal 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 may 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 Alamed amending Sections 2 -1, 2 -10, 2 -11, 2 -13, 3 -1.1, 3 -7(c), 3 -7(D), 3 -10 3 -]7 4-2, 10 -10, 10 -11 and 15 -1(A), by adding Section 2-15, and by, deleting Sections 3 -19, 7 -2(D) and 7-2(K) deleting obsolete and unclear language, are on file in the office of the City Clerk, City Hall, Alameda, California, and may be had on application therefor, City" Clerk of t e`City f` Alameda, 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 in regular meeting assembled on 20th of July, 1982, by the following vote to wit: AYES: Councilmen Diament, Gorman, Stone 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 21st day of July, 1982. City Clem ofthe Cty of lameda