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