Resolution 09368CITY OF ALAMEDA RESOLUTION NO. 9368
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ALAMEDA UPON 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, VIZ:
BY ADDING SECTION 17 -17 THERETO TO PROVIDE FOR FUNDING
OF EXCESS ARBITRATION AWARDS ONLY FROM ADDITIONAL
REVENUE SOURCES, APPROVED BY THE PEOPLE PURSUANT TO
PROPOSITION 13 (CALIFORNIA CONSTITUTION ARTICLE XIIIA),
AND ADDITIONAL APPROPRIATIONS, APPROVED BY THE PEOPLE
PURSUANT TO PROPOSITION 4 (CALIFORNIA CONSTITUTION
ARTICLE XIIIB); FIXING DATE OF SAID ELECTION, 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 TUESDAY, NOVEMBER 4,
1980
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 adding Section 17 -17 thereto to read as set forth in
the printed pamphlet provided for in Section 6 hereof, and in
the notice entitled, "Proposed Amendment to the Charter of the
City of Alameda" hereinafter set forth in Section 3 hereof.
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 as 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 Election.
Section 3. The City Clerk of the City of Alameda is
hereby ordered and directed to cause said proposed anendment 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 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
The City Council of the City of Alameda hereby proposes
on its own motion that the Charter of the City of Alameda be
amended by adding Section 17 -17 thereto to read as follows:
Sec. 17 -17. No additional financial burdens
may be imposed on the taxpayers of the City as a
result of binding fact finding, arbitration or
parity without approval of the voters as set forth
in this Section. Any other provision of this
Charter notwithstanding, no wages, benefits or
employee related expenses shall be paid by the
City that have not been approved by a resolution of
the City Council until additional revenues and
appropriations therefor have been approved by a
vote of the people pursuant to Proposition 13 (Cal.
Const. Art. XIIIA, Sec. 4) and Proposition 4 (Cal.
Const. Art. XIIIB, Sec. 4). The City Council
shall not be required to call such an election
more than once a year and may consolidate said
elections with elections held for other purposes.
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 4, 1980 (which said
election will be consolidated with the General Election of the
State of California to be held on November 4, 1980), the following
proposal to amend the Charter of the City of Alameda, in the
manner hereinabove specifically set forth, as follows:
AMENDMENT TO THE CHARTER OF THE CITY OF ALAMEDA
MEASURE B
Shall the Charter of the City of Alameda be
amended to provide that no additional
financial burdens may be imposed on the tax-
payers of the City as a result of binding
fact finding, arbitration or parity without
approval of the voters by providing that no
wages, benefits or employee related expenses
shall be paid by the City that have not been
approved by a resolution of the City Council
until additional revenues and appropriations
therefor have been approved by a vote of the
people pursuant to Proposition 13 (Jarvis -
Gann Initiative) and Proposition 4 (Gann
Initiative)? Said amendment will be
accomplished by adding Section 17 -17 to
Article XVII of the Charter 11 as fully set
forth in Resolution No. ;�, 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:
Section 4. (a) A Special Municipal Charter Amendment
Election is hereby called to be held in the City of Alameda on
Tuesday, November 4, 1980, 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 its own motion.
(b) Said Special 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 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 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 pro-
vided for shall be qualified to vote upon said amendment hereby
proposed by the Council of the City of Alameda and submitted at
said Special Election.
-3-
(d) The polls at the polling places hereinafter designated
for said Special 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 Election shall be and is hereby consoli-
dated with the General Election of the State of California to be
held in said City of Alameda on the date of said Special 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 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 offi-
cers for the Special Election hereby called.
(f) Only one form of ballot shall be used at said General
Election of the State of California and said Special 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) 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 any other measures to be submitted at the General Election,
and if a majority of the qualified voters voting on the proposed
charter amendment vote in favor thereof, such 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 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 Election consolidated with the General Election of
the State of California to be held on Tuesday, November 4, 1980,
to be published in the time and form required by Section 22835 of
the Elections Code of the State of California.
-4-
2
0
0
0
2
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 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 City Council on its own motion, to the Charter of the City
of Alameda adding Section 17 -17 thereto, providing for funding
of excess arbitration awards only from additional revenue sources,
approved by the people pursuant to Proposition 13 (California
Constitution Article XIIIA), and additional appropriations,
approved by the people pursuant to Proposition 4 (California
Constitution Article XIIIB), all as specifically set forth in
said pamphlet copies, which shall be mailed to each of the
qualified electors of said City, are on file in the office of the
City Clerk, City Hall, Alameda, California. Copies of said
pamphlet are available in said office and may be had on application
therefor.
City Clerk of the (ity o
California
meda,
1, 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 19th day of August, 1980
by the following vote, to wit:
AYES: Councilmen Diament, Stone, Tillman and
President Corica - 4.
NOES: None.
ABSENT: Councilmen Sherratt - 1.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 20th day of August, 1980.
City Clerk of t e Cit of A me a