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Resolution 10256CITY OF ALAMEDA RESOLUTION NO. 10256 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 26 -3 OF ARTICLE XXVI TO BE ADDED THERETO, TO PROVIDE THAT THE BUILDING LOCATED ON ASSESSOR'S PARCEL 74- 906 -13 -2 WHICH IS ALTERNATELY KNOWN AS THE UNION IRON WORKS TURBINE MACHINE SHOP, THE BETHLEHEM STEEL BUILDING, AND THE "RED BRICK BUILDING" SHALL BE EXEMPT FROM THE PROVISIONS OF ARTICLE XXVI, SECTION 26 -1; THIS EXEMPTION SHALL PERTAIN ONLY TO THE "RED BRICK BUILDING;" FIXING THE DATE OF SAID SPECIAL` ELECTION, THE MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID ELECTION WITH THE PRIMARY ELECTION OF STATE OF CALIFORNIA TO BE HELD ON TUESDAY, JUNE 5, 1984 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 petition signed by more than fifteen percent (15 %) of the voters who voted in the last gubernatorial election, to amend the Charter of the City of Alameda by adopting Section 26 -3 of Article XXVI to be added to said Charter, to read as provided in the notice entitled "Proposed Amendment to the Charter of the City of Alameda," hereinafter set forth in Section 3 of this resolution. Section 2. 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 the City of Alameda, at the special municipal 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 election. Section 3. Tue City Clerk 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 forty (40) and not more than sixty (60) days prior to the date of the special municipal 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 AMENDMENT to THE CHARTER of the CITY OF ALAMEDA Special Municipal Election June 5, 1984 (Consolidated with State Primary Election) The Council of the City of Alameda hereby proposes, on petition signed by more than fifteen percent (15 %) of the voters who voted in the last gubernatorial election, to amend the Charter of the City of Alameda by adopting Section 26 -3 of Article XXVI thereof, to read: "Sec 26 -3 The building located on Assessor's Parcel 74- 906 -13 -2 which is alternately known as the Union Iron Works Turbine Machine Shop, the Bethlehem Steel Building, and the "Red Brick Building" shall be exempt from the provisions of Article XXVI, Section 26 -1. This exemption shall pertain only to the "Red Brick Building." This is done in order to: (a) Preserve this historic structure which has been designated as an Alameda Historical Landmark which is listed on the National Register of Historic Places; (b) Restore the building's economic usefulness by converting the building into residential and commercial uses as called for by the City's mixed -use zoning; (c) Provide additional revenue to the City by using under- utilized land in conformance with the City's general plan; (d) Enhance visually the primary northwest entrance to the City by preserving and revitalizing the building; and; (e) Insure that the provisions of this Section 26 -3 shall not be applied by action of the City Council or any other governmental entity to any other structure in the City of Alameda. 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 June 5, 1984 (which said election will be consolidated with the Primary Election of the State of California to be held on Tuesday, June 5, 1984), the following proposal to amend said Charter, in the manner hereinabove specifically set forth, as follows: AMENDMENT TO THE CHARTER OF THE CITY OF ALAMEDA MEASURE Shall the Charter of the City of Alameda be amended to provide that the building located on Assessor's Parcel 74- 906 -13 -2 which is alternately known as the Union Iron Works Turbine Machine Shop, the Bethlehem Steel Building, and the "Red Brick Building" shall be exempt from the provisions of Article XXVI, Section 26 -1; this exemp- tion shall pertain only to the "Red Brick Building ?" Said amendment will be accomplished by adding Section 26 -3 to Article XXVI of the Charter, all as fully set forth in Resolution No. /OL (of the Council of the City of Alameda. : YES : 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: 01 F4 City Clerk of City Section 4 (a) A special municipal election is hereby called to be held in the City of Alameda on Tuesday, June 5, 1984, 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 gubernatorial election. (b) Said 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 prescribed 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 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 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 gubernatorial 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 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 election shall be and is hereby consolidated with the Primary Election of the State of California to be held in said City 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 Board of Supervisors of the County of Alameda, State of California, for said Primary 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 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 officers for the special municipal election hereby, called. (f) Only one form of ballot shall be used at said Primary Election of the State of California and said special municipal 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) Eash 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 amendment shall be counted separate and apart from all other measures 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 the proposed amendment vote in favor thereof, said 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 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 amendment set forth in Section 3 hereof shall be set forth in the election proclamation and notice of the special municipal election consolidated with the Primary Election of the State of California to be held on Tuesday, June 5, 1984, 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 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 shall be in substantially the following form: 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 26 -3 of Article XXVI thereof, to provide that the building located on Assessor's Parcel 74- 906 -13 -2 which is alternately known as the Union Iron Works Turbine Machine Shop, the Bethlehem Steel Building, and the "Red Brick Building" shall be exempt from the provisions of Article XXVI, Section 26 -1; this exemption shall pertain only to the "Red Brick Building," are on file in the office of City Clerk, City Hall, Alameda, California 94501, and may be had on application therefor. City C1 e k of the y 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 in regular meeting assembled on the 21st of February, 1984, by the following vote to wit: AYES: Councilmembers Gorman, Hanna, Lucas and President Diament - 4. NOES: None. ABSENT: Councilmember Monsef - 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of February, 1984. City Clerk ofifhCity