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Resolution 05431RESOLUTION NO. .3'4.31 PROPOSING TWO CHARTER AYENDMENT3 ON THE MOTION 0 THE CITY COUNCIL; CALLING A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY TWO PROPOSALS TO AMEND THE CHAHTER OF SAID CITY, VIZ: (1) TO AMEND SECTION 10-2 OF ARTICLE X, AND ADD SECTION 10-4.1 TO ARTICLE X, RELATING TO THE COMPOSITION' OF THE CITY PLANNING BOARD, AND THE TERMS THEREOF, AND (2) TO ADD SECTION 3-19 TO ARTICLE RELATING TO THE POWER OF THE COUNCIL TO CAUSE AN INTEGRATION OF THE CITY HEALTH DEPARTMENT AND THE HEALTH DEPARTMENT OF THE COUNTY OF ALAMEDA; FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING. 11-23 SAME, AND PROVIDINC, FOR NOTICE THEREOP; AND CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE GENERAL ELECTION OF THE STATE OF CALIFORNIA TO BE HELD ON TUESDAY, NOVEMBER 6, 1956 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 cf Alameda by amending Section 10-2, Article X, by adding Section 10-4.1 to Article X, and adding Section 3-19 to Article III, all to read as set forth in the notice entitled "Proposed Amendments 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 its own motion submit to the qualified electors of the City of Alameda. et the special municipal Charter amendment election hereinafter provided for, the two proposals to amend the Charter of the City of Alameda set forth. in said notice none- inafter: set forth. in Section 3 of this resolution and designates and refers to said proposals as the proposals to be set forth in the form of ballot hereinafter pres- cribed for use at said special municipal Charter amendment election. Section 3, The City Clerk of the City pf Alameda is hereby ordered and directed to cause'sald proposed amendments to the Charter of the City of Alameda to be published once, not less than forty (L0) days 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 pubiloation, said newspaper being a news- paper of general circulation published at least six days a week in said City of Ala- meda: and such publication may be in, substantially the following form: PROPOSED AMENDMENTS TO TEE CHARTER OF THE CITY OF AIAMEDA Special Municipal Charter Amendment Election, November 6, 1956, (Consolidated with General Election of the State of California The Council of the City of Alameda hereby proposes on its own motion to amend the Charter of the City of Alameda follows: 1. (a) By amending Section 10-2 of Article X thereof, to read as 'Sc, 10-2. Each. of said Boards, except the Public Utilities Board, Social Service Board and the City Planning Board, shall con- sist of five members. HpOn nominatiOn of the Mayor, the Council shall appoint, between Sty 1 and July 1 of each year, one member of each such Board for s term commencing on the first day of July fol- lowing such appointment and continuing for -five years, and there- after until the successor of such member is appointed and qualified." (b) By adding Section 13-4.1 to Article X thereof, to road as follows: "Sec. 10-4,1. The It Planning Board shall consist of seven members. Upon nomination of the Mayor, the Council stall appoint, between. May 1 and July 1 of each year, such. members as are necessary to maintain a full Board, for terms commenc.ing on the first Coy of July following such appointment and continuing-for three years and thereafter until the successor cf such member is appointed and quali- fied; provided, however, that at such time as this amendment: becomes fully operative seven members shall be appointed, two of whom shall be appointed for the period of one year, two of whom shall be appointed for a period of two years, and three of whom shall be appointed for period of three years, the duration of said appointments to com- mence on July 1 next succeeding the operative date of this amendment; all succeeding appointments shall be for a period of three years." 2. By adding thereto Section 3-19 to Article III, thigh shall road as follows: "Sec. 3-19. The Council may consent to, or provide by contract or in any other manner, 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, rule or regulation, and for the assumption, enforcement, observance and performance thereof by Alameda County officers and employees; provided that, upon such transfer, employees of the City of Alameda Health Department who are not continued in City of Alameda employment are transferred to the employ of the County or Alameda with the protection hereinafter in this section provided. The Council is authorized to provide that all or any City of Alanmda :Health Department employees be transferred to and become employees of the Alameda County Health Department with full accredited status as members of the County Civil Service. The Council also is authorized to provide that SUGh transferred employees shall retain credit under the Alameda Municipal Employees, Retirement System, or any ether retirement system entered into by the City of Alameda for and on behalf e the employees of the City of Alameda, as provided for by any ordinance cr resolution of the City of Alameda, for services with which . they were entitled to be cre- dited et the date of transfer, or that irstead such service be credited under the Alameda County Employ9es Retirement System in the same manner and with the same effect as 10 it were service credited under such system as having been rendered as employees of Alameda County. To effect such credit of service, the Council may take ell necessary action, regardless', of the length of service credited to such employees. SpeciTicaily, but without limiting the foregoing authorization, the Council may' provide for the retention in the Municipal Retirement System for contributions made by such transferred employees, plus credited interest, in the same man- ner and with. the came effect as is provided under such System for employ- ees upon resignation cr discharge who are entitled tc be credited with ten years of service, or it may pay' to the County or otherwise allocate any funds, including such transferred employees' contributions plus credited interest, and contributions made by the City and held on behalf o such transferred employees by such Municipal Retirement System. The City may compensate the County, as necessary, either directly from any City funds or indirectly- by County's retention of fees, fines, forfeit- ures or penalties paid or payable under City. Ordinance, for maing inspections and for the performance by County cfficors or employees of functions in the enforcement of City Ordinances relating to public health and sanitation. The Council shall provide, as necessary, for the con.- I:armed cern of such Health Department personnel as are not trans- ferred to the County, without prejudice to the acduirod employment rights of suet.), employees, Any and all powers, duties and functions of the City so transferred to the County pursuant to this section shall, to the extent of their assumption, performance, observance and. enforcement by the County, be defined suspended and not a duty cr function of the City for the duration of such transfer. The City has and the Council shall reserve in any agreement with the County the right to terminate any transfer made pursuant to this section, and to reassume any or all of the transferred functions. This section shall ha paramount to any other Charter provision in conflict. therewith Tha 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 c special municipal Charter amendment election to be held in acid City of Alameda on Tuesday, November 6, 1956 (which said election will be ,consolidated with the General Election of the State of California to be held en November 6, 19561, the followinF proposals to amend said Charter by amending Section 10-2 of Article \, and adding Section 10-L L.1 to Article X, and addIng Section 3-la to Article as follows: AMENDMENT TO TIT CHARTER OF' THE CITY C LAME SURE: OHALL the Charter of the City of Alameda be amende''d to provide that the City Planning Board shall consist of seven memb,3rs, Instead of five members, and who shall verve for a period of ..u.o.eoovd.oae., three years, intead of five years, by"amen0- . ing Section 10-2 and adding Section 13-4.1 es fully sat forth in Resolution No. 531 of the OvOo"aseeno.oeem Council of the City of Alameda.? AMENDMENT TO THE CHARTER OF THE CITY OF ALA ASIME: SHALT, the Charter of the City of Alameda be amended, authorizing the Council to transfer to the County of Alameda cy 31431 or other arrange- ment the furnishing of 1 L or any public healtki and. Oanit31 services in the City. and to com- pensate the County as neceesary therefor, and to retain or transfer to. the emplwy of the County, employees of the City. Health Department and take all necessary action including paymenE to the County or other allocation of any funds to pre- serve their service credit tovard.retirement and their civil service behafits, provided that all 11)' ampleyees apt retained 1, the City are trans- ferred to the County :Pith the protection provided. 0 oear ua“9.0.0"a in thig section.? Such o" the Cityre services as are transferred. woul d. be suspen1 ed. while beihg. furnished by. tic County, but the City retains the right to reassume any or all of the transferred functions. Said amendment shall add to the Charter . NO Section 3-19, as fully set forth In Pesointion No. 5431 of the Council of the Pity of Alaineda, . I hereby certify that the foregoing Charter amendment proposals were ordered euhnitted to the qualified electors of the City of Alameda r the Council. of the City of Alameda. Dated: August 2?, 295E. ilIFELEv H. TENNIER ity Clerk of too City al Alameda Section 4. (R) A special municipal Chatter amendment elertier is hereby- called to be held in tiscpCity of Alameda on Tuesday, November 6, 1956, for the pur- pose of suUmitting to the qualiTied electors of said City main proposals set forth in Section 3 of this resolution to amend. the Charter oftaid City as in said respective proposals and in this resolution prnvided and as hereby- submitted by the Council of the City of Alameda on_ its own. motinn. (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, ar d. in all particulars 331 prescribed in this resolution, said special municipal Charter amend.- agent election shall 3-' held as provided for in the Charter of said City and in all particulars net 31131 100 fur therein said election shall be held as provided by law for the holding of special. municipal elections in the City of Aimmeda, and. othnryise in accordance with the Elections Code of thb State of Paliferala. (c) 1 perscns qualified tu vote at municipal elections in said City of Alameda or the c1 of the election herein provided. for shall be qualified tc vote upon said amondmehts hereby proposed by the Council of the Ci.ty of Alameda on its own motion and. submEtted at said special municipal Charter amendment election, (d) The polls at the polling places hereinafter designated for said special municipal Charter amendmbnt election shall be opened. at 7:00 A.M. (P.S.T.) of sald day of election, ann., shall be kept open continuously thereafter until 7:00 P.M. (P.S.T.) of said 1-13- 01 election, when the polls shall be closed (except as provided. in Sec- tion 5734 of thb Elections Code), and. the election officers shall thereupon proceed to canvass the ballots cast thereat. (e) Said. spmcial hartAcipal Charter amendment election shall be and is hereby consolideted witn the General Election of the State of California to he held said City. of Alamedn on the datm of said snecial mainiciteal Charter amendment elec- tion hereby called, and the election mceminot-., polling places 31' voting booths shall in every case be the same, and there snabl be only one sot of election officers in each of said. precincts; and the preciucts, polling places and. officers of elactidn for said special municipal Charter amendmbnt election shall. be the same au those to be seloctud and designated by the Board of Supervisbrs of the County of Alameda, State of California, for said General Election of the Stete of California in said City of. Alameda by resolution or ordinance of the aforosaid,Board of Supervisors relating to the holding and conducting of the General Election 03 1313 State of Califorala, to which resolution or ordinance reference 15 hermMy made. fel: a designation of the pre- cincts, 31 3313 places and election officers for the special municipal Charter ambnd- ment election hereby called. (f) Only one form of ballot shall be used. at said. General Election of the 3 tate of California and said Special Nunicipa2 Charter Amendment Election hereby. consolidated therewith, which, in addition to all other matters required by law to be printed. thereont state the measures and each thereof set forth. in Section 3 hereof. (7..) Each voter may vote on any one or more of said Charter amendment pro- rcsals. To vote in favor of any proposal to amend the Charter of the City of Alameda a voter shall stamp a cross (x) in the blank space opposite the word "YES" en the ballot to the r1.77h t of the proposal, and to vote against said proposal a voter shall stamp a cross ().c in the blank apace opposite the word. "NO' on the ballot to the riFht of said proposal. The votes cast for and against each proposed Charter amend- ment shall he counted separate and apart from all other meanures to be submitted at the special municipal Charter amendment election hereby called for the purpose of submltting said Charter amendments, and if R majority of the qualified voters vot- ing or, any proposed Charter amendment vote In favor thereof, such Charter amendment shall be deemed ratified. (h) The returns of said election shall L canvassed, made out and signed by the election officers so designated, by tho Board of Supervisors, County of Ala- meda, State of California, and the results thereof transmitted to Che City Clerk of Alameda, and City Council thereof, wno shall declare the result thereof in accord- ance with the Charter of the City of Alamda and the laws of the State of California. Section 5. Said measures and each thereof set forth in Section 3 hereof shall bc set forth in the election proclamation and notice of Special Nlinicipal Charter Amendment Election consolidated with. the General Electign of the State of California to be held on Tuesday, November 6, 1956, to be published in time and. form required by Sections 19-9 and 19-1tt. of Article ,(TX of the Charter of the City of Alameda. Section 6. The City Clerk of the CitT of Alameda is hereby authorized and directed (1) to cause copies of the texts of said proposed Charter amendments to be printed in convenient pamphlet form and in type. of not less than ten-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 amendkent election to advertise daily' in the ALAMEDA TIMES-STAR, a newspaper of eneral circulation in said City, a notice that copies of said pamphlet may be had on application there- for. Said notice shall be in substantially the following form: NOTICE OF AVAILABILITY OF CHARTER ANENDMENTS NOTICE IS HEREBY GTVEN 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 by amending Section 10-2 of Article X, and adding Section 10-4.1 to Article X thereof, relating to the number of members and terms of service of the City Planning, Board, and by the addition of Section 3-19 to Article, rIi thereto, relating to the power of the Council of the City of Alameda to cause an integration of the City Health Depa,rtment and the Health. Depart- ment of the County- of Alameda, are on file in. the office of tho 01 t', Clerk., City Hall, Alameda, California, and may be had upon application therefor, SHIRL7_ H. TENNIER TrTirley E, Tennier City Clerk of the City of Alameda, California * * * * * * * * * * I, the undersigned, hereby certify' that the foregoing Resolution. was duly and regularly introduced and adopted t the Council of ths (.'jity. of Alameda in rsgular meeting assembled on the 21st day of August., 1956, 0V the following. vote, to wit: AYES: Councilmen Eclag, Hove, Meaki, 31 ,1'p1 and President Kranelly, (5). NOES: None. ABSENT None. 111 W=ESS WHEREOF, I h=,ve hereunto set my hand and affixed the official seal al' said City this 22nd day of Ausust, 1956. ( SEAL) 13110 ,1, TIWIER City Clerk of the City or Alameda * * * * * * * 13 I hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 543a, PROPOSING TWO CHARTER AMENDMENTS 01 THE MOTION OF THE CITY COUNCIL; CALLING A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION IN THE CITY 10 ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY TWO PROPOSALS TO AMEND THE CHANGER OF SAID CITY, VIZ: (1) TO AMEND SEGIGON 1D-2 OF' ARTICLE X, AND ADD SECTION" 104.1 TO ARTICLE X, RELATING TO THE COMPOSITION OF THE CITY PLAN- NING BOARD, AND THE TERMS THEREOF, AND ( ) TO ADD SECTION 3-19 TO ARTICLE RELATING TO THE POWER OF THE COUNCIL TO GAUI:E AN INTEGRATION OF' THE CITY" HEALTH DEPARTMENT AND THE HEALTH DEPARTMENT 10 110 10010 01 ALA' 0; FIXING THE DATE OF SAID ELECTION, THE MANNER OF' HOLDING THE SAME, AND PROVIDING. FOR NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAI 00' 100 CHARTER AMENDMENT ELECTION WITH THE GENERAL ELECTION OF THE STATE 1 CALIFORNIA TO 4' HELD ON TUESDAY, NOVEMBER 6, 195B", introduced and adopted by. the Council on the 21st day of August, 1956, iee City of Alatnedo