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1933 Assembly Concurrent Resolution No. 56FRANK C. JORDAN SECRETARY OF STATE FRANK H. CORY CHARLES J. HAGERTY ROBERT V. JORDAN DEPUTIES STATE OF CALIFORNIA partm nt of fat I, FRANK C. JORDAN, Secretary of State of tbe State of California do hereby certify that have carefully compared the tramcriPt , to which this certificate is attached, with the record on file in my offce of which it purports to be a copy, and tbat the same is a full, true and correct copy thereof. further certify that this authentication is in due form and by the proper offcer. IN WITNESS WHEREOF, I have hereunto set my han.d and have ca1ted the Great Seal of the State of California to be affxed hereto Secretary of State 6.42-43 12-28 1M CAL.. STATE PTG. OFFICE Assembly Concurrent Resoluton No. 56. Adopted in Assembly July 17 , 1933. -----_ JJ!u1 -------- Chief Clerk of the Assembly Adopted in Senate July 19 , 1933. This was received by the Governor day of 1933 , at --?_--- o clock Governor 1:P3CHAPTER______-- Assembly Conc wrent Resolution No. 56-Approving certainamendments to the charte?'" 6f the city of Alameda , a municipal corporation in the county of Alarneda, State ofCalifornia, voted for and ratified by the q ialified electors of said city at a special municipal election held therein on the twenty-seventh day of. J (ne, 1933. No., Proposition No., Proposition No. 10 , Proposition No. , Proposition No. 12 , Proposition No. 13 , Proposition No. 14 Proposition No. 15 , Proposition No. 16 , Proposition No. 17 Propm,ition No. 18 , Proposition No. 19 , Proposition No. 20 Proposition No. 21 , Proposition No. 22 , Proposition No. 23 and Proposition No. 24 , respectively. That said proposed charter amendments were published and advertised in accordance "with the provisions of section 8 of Article XI 01 the Constitution of the State or Calirornia , on the fifteenth day of May, 1933 , in the Alameda 'rimes-Star , a daily ne'wspapel' or general circulation published in said city or Alameda and the offcial newspaper or said city, and in each edition there or during the day or said publication. That copies or said proposed charter amendments were printed in convenient pamphlet rorm an4 in type or not less than ten point , and copies thereor were mailcd to each or the qualified electors or said city of Alameda , and an advertise- ment that copies thereor could be had upon application therefor at the offce of the city clerk or the city or ldameda was pub- lished in said Alameda 'rimes-Star , a daily newspaper of gen- eral circulation in said city, OIl the seycl1teenth day or May, 1933 , and on each day thereafter until the day fixed ror said special municipal election , all as required by section 8 or .Article XI of the Constitution or the State of C81irornia. That copies of said proposed charter amendments could be had upon application thereror at the offce or sai.d city elerk unti the day fixed for the said special municipal election. That the councilor the city of Alameda , the legislative body or said city, by its Resolution No. 1757 , did order the holding or a special municipal election in said city or Alameda on the twenty-seventh day or June , 1933 , said day being at least forty days after the completion or the advertising or the proposed charter amendments in said offcial newspaper or said city and not more than sixty days after the completion of said advertising, arid did proYide in said resolution ror the sub- mission of the proposed amendments to the charter or said city to the qualified electors or said city for their ratification at such special municipal election; and said city councilor said city and the board of supervisors or the county or Alameda did , in the manner provided by law , order said special munici- pal election consoliditted with the special State election to be held in said city on said twenty-seventh day of June , 1933; in the said resolution calling the said special municipal elec- tion , the city council of said city or Alameda did authorize the board or supervisors or the county or Alameda to canvass the returns or said.special municipal election. That thereafter said special municipal election and said special State election were duly and regularly held and the board PROPOSITION No. That Section 20 , Article lIof the Charter of the City of Alameda be amended to read as follows: Sec. 20. Vacancies in the Council. Any vacancy in the City CDuncil , from whatever cause arising, except as other- wise provided in the chapter of this Charter relating to Recall shall be filled by the City Council , provided , however , that any person appointed to fill such vacancy shall hold offce only until the next general municipal election , at which time successor shall be elected to serve for the remainder of the unexpired term. , for any reason the seats of a majority of the council shall become vacant, the City Clerk shall call a special election to fill the vacancies for the unexpired portions of the terms. Such election shaH be conducted as nearly as possible as herein provided for general municipal elections. In such an event the City Clerk shall have full powers to appoint all election offcials , including- a canvassing board consisting of three electors , and to do and perform all acts required in con- nection with said election. PROPOSITION No. . That there. be added to Chapter III , of Article IV of the Chartcr of the City of Alamcda a new section to be known a'3 Section 16-a , same to read as follows: Sec. 16-a. At any time after the first day of September and not later than the third Tuesday in September of each year, the Conncil shall determine the rate of city taxes to be levied and collected upon the property assessed for taxation within the limits of the city, on the basis of the valuation thercof as shown by the assessment roll in the offce of the city assessor; such rate , after allowing one and one-half per cent (1-%) of the assessed valuation for delinqnencies , mnst be snffcient to raise the necessary revenue for the City of Ala- meda for the current fiscal year; provided , however , the same for general rcvenue purposes shall not exceed the limit of taxation provided for in this Charter , and the provisions' law in relation to the same. In :6xing such rate the council shall fix the same by designating the number of cents levied on each one hundred dollars ($100.00) of assessed valuation of taxable property, specifying' the portion of the whole which shall belong to any particular fund of the city, and designating also the 'portion thereof appropriated for each special purpose or special bonded indebtedness of the city. Having determined on the whole rate to be levied , the Council shall then levy the tax to provide for raising the necessary revenue of the city for the current fiscal year. PROPOSITION No. Charter of the City of PROPOSITION No. That Section 2 , Article X of the Charter of the City of Alameda be amended to read as rollows: Sec. 2. The Board shall consist of five members. The City Manager shall be , ex-offcio , a member of said board. The other four members shall be appointed by the Mayor with the approval and consent of the City Council. At least one of such appointees shall be a registered civil , mechanical or electrical engineer. The four appointive members shall each hold offce ror term of rour years and until the appointment and qualifica- tion or a successor. Such terms shall begin on the first day of May and shall alternate so that the term or one member shall expire on the thirtieth day of April of each year. Any vacancy occurring prior to the expiration or a term shall be filled by appointment, made as hereinabove provided, and such appointee shall serve for the unexpired term. The members of the Board of Public Utilties in offce at the time this . section , as amended , shall become effective , shall remain in offce until the expiration of the term for which they were respectively appointed and until their successors are appointed and qnalify. When this section shall become effective there shall appointed two additional members on said Board , one of whom shall be appointed for a term ending on April 30 , 1934 , and one for a term ending on April 30 , 1936. PROPOSITION No. That Section 3 , Article X of the Charter or the City of Alameda be amended to read as follows: Sec. 3. The board shall organize annually at its fist regu- lar meeting in May by electing a president and vice- president and appointing a secretary. Three shall constitute a quorum. They shall hold a regular meeting on the evening of the second Wednesday of each month at eight o clock in the offce of the Department of Public Utilities, and shall hold such other meet- ings as they shall determine. PROPOSITION No. That Section 4 , Article X or the Charter or the City of Alameda be amended to read as follows: Sec. 4. The city treasurer shall keep the fund of each util. ity separate. Any Slrplus to the limit of fifteen per cent of the book value of any utiity may be in-vested by direction the board in bonds or the City of Alameda , or in state , county or municipal bonds of this state , or may be transferred to the general fund of the city by resolution of the board of public utilities. Copy of such resolution shall be transmitted imme- diately after its adoption by the board to the city council. Said fund so transferred by such resolution shall thereupon become part of the general fund of the City of Alameda. PROPOSITION No. .10. That Subdivision 2 of Section 6 , Article of. the. Charterof the City Alameda be amended to:read as follows: Two. To buy and selL materials and supplies incidep.talto the operation of each utility within the Jimitationsas herein- after stated. 10 PROPOSITION No. 15. 11- PROPOSITION No. 17. That Chapter II , Article XI or the Charter or the City or Alameda be amended to read as follows: CHAPTER II. RECALL. Sec. 1. Recall. The holder or any elective offce of this city may be removed or recalled from offce at any time by the electors; provided he has held his offce at least six months and no recall petition has been filed against him within a like period. The provisions of this chapter are intended to apply to offcials now in offce , as well as to those hereafter elected. The procedure to effect such recall shall be as hereinarter set forth. Sec. 2. Filing of Notice or Intention. Recall proceedings shall be instituted by the filing with the City Clerk or a Notice of Intention to circulate a petition for recall. Such notice of intention shall be signed by three or more qualified electors of the city and shall state the name and offce of the offcer sought to be recalled and shall further contairi a general statement, not exceeding three hundred words in length , setting forth the grounds on which the recall of such offcer is sought. Said statement, and the answer thereto hereinafter pro- vided for , shall be intended solely for the information of the electors and no defect in the form or substance thereof shall in any manner affect the validity of any such recall proceed- ings. Every person whose name is signed to such petition must state his or her address therein. Each person signing such petition must acknowledge his signature before an offcer authorized to take acknowledgments in this state , and the certificate or acknowledgment. or such offcer shall be attached to said notice or endorsed thereon. Upon receipt and filing or said notice the City Clerk shall endorse thereon the date or such filing. Sec. 3. Service of Notice. Within seven days rrom and after the filing of the notice or intention provided ror in the next preceding. section , a true copy or said notice shall be personally served on the offcer sought to 'be recalled , or mailed to such offcer , by registered mail , by depositing the same in the United States post offce in this city, in a sealed envelope with postage prepaid , addressed to such offcer at his last known address in the city. If made by mail , service shall be deemed complete at the time or the deposit or the copy.of said notice in the United States post offce. 12- The affdavit of the party making such service shall be filed forthwith with the City Clerk. Said affdavit shall desig- nate the date when , the place where , and the manner in which service was made. Sec. 4. Answer. 'Within fourteen days after the filing of the notice of intention , the offcer sought to be recalled may file with the City Clerk an answer in which he may set forth in a general statement not exceeding three hundred words such offcer s answer to the general statement contained in the notice of intention , or any other justification of his course in offce. Such answer must be signed and acknowledged by the offcer sought to be recalled before an offcer authorized to take acknowledgments and the certificate of acknowledgment of such offcer shall be attached to said answer or endorsed thereon. Upon receipt and filing of said answer the city clerk shall endorse thereon the date of such filing. If snch answer is not offered for filing within the time herein specified or if such answer does not co;nform to the requirements herein set forth the city clerk shall refuse to file the same. Sec. 5. Petition for Recall. Contents. A petition demand- ing the recall of an elective offcer of the city shall be addressed to the council of the City of Alameda and shall state the name and offce of the offcer songht to be recalled and shall contain a copy of the original notice of intention fied with the city clerk , and a copy of the answer, if any, filed by the offcer sought to be recalled. If said offcer has not fied any answer within the time herein limited , then said petition must so state. A petition demanding the recall of an elective offcer of the city shall be fied with the City Clerk. Such petition shall be signed by qualified electors of the city equal in number to at least twenty-five per centum (25%) of the total number of persons voting- at the general municipal election next preceding the filing of such petition. 'l'he signatures to the petition need not all be appended to one paper. Any petition for recall may consist of several rate sections and each such separate section consist of sheets of paper attached together; pro , however, tl each such separate section shall contain a fT d accurate copy of th and tcxt of the petition. Sec. 6. res. Each signer of a recall petition shall sign his or e in ink or indelible pencil and sball add to such signa is occupation and place of re:;idence , giving street and number , where such street or number or either exist and if no street or number exist , then such a designation of the place of residence as wil enable the location to be readily 13 ascertained. Each signer shall also add the date or signing opposite his or her name. Sec. 7. Verification or Signatures. There shall be attached to each petition , and to eacl separate section thereor , an afil- davit made by a qualified elector Or the city and sworn to berore an offcer competent to administer oaths , stating that the affant solicited signatures to that particular section and saw written the signatures appearing thereon; and that accord- ing to the best iniormation and belief or the affIant , each is the genuine signature or the person whose name purports to be thereonto subscribed and or a qualified elector or the city. Sec. 8. Circulation or Petition. The petition demanding the ' recall or the offcer named in said notice may not be cir- culated among the qualified electors of the city for the purpose or obtaining signatures thereon until the expiration of fifteen days after the fiing of said notice or intention with the city clerk. Sec. 9. 'Withdra'wal of Signatures. Any signer or a peti- tion for recall may fie 'with the city clerk a verified revocation or his signature. If said revocation is filed with the city clerk berore the petition is certified to by him , he shall cancel such signature. Sec. 10. Filing of Petitions. \Vithin forty-five days from the date or filing of the notice of intention provided ror in sec- tion 2 hereof , all sections comprising any recall petition must be fied '\vith the cit;y clerk. The clerk shall endorse on such petitions the date of filing and the name of the person or per- sop.s requesting the filing' or the same. Thereafter all suchsections shall together be deemed and considered as one peti tion. Sec. 11. Examination or Petition. Certificate. Within ten days from the expiration of time limit set forth in section 10 hereof , the city clerk shall examine and rrom the records of registration ascertain and finally determine whether or not said petition is sig;ned by the requisite number or qualified electQrs and shall rOJ"thwith attach to such petition his certifi- cate , properly dated , showing the result of such exainination. Sec. 12. Supplemental Petitions. If , by the clerk's certifi- cate , the petition is shown to be insuffcient , the same may be supplemented by filing with the city clerk, within fifteen days from the date of such certificflte , additional and supplen).ental petitions , duplicates of and identical with the original peti- tion , as to the text of the petition , but containing additional signatures. The city clerk shall endorse on such petitions the date of fiing and the name of the person or persons requesting the filing of same. Within ten days from the expiration or the time limit as set forth in this section , the clerk shall make like examination of the supplemel1t;:J petitions as of the original petition and 14 shall attach his certificate thereto , properly dated, showing the result of such examination. Sec. 13; Insuffciency of Petition. If the clerk's certifi- cate shall show that all the valid signatures on said petition including. those contained in the supplemental petitions , arB stil insuffcient , no further action shall be taken thereon; but the petition shall remain on file as a public record. The failure to secure suffcient signatures on such petition shall be without prejudice to the institution of new proceedings for recall. Sec. 14. Clerical Assistants. If required by the city clerk the city council shall authorize the clerk to employ in addition to the persons regularly cmployed by him in his offce such persons as may be necessary for the examination of said peti- tion and supplemental petition and shall provide for the COhl- pellsation to be paid such persons. Sec. 15. Election. If the petition, either as originally fied or as supplemented , shall be found to be suffcient , the clerk shall submit the same to the city council together with his certificate thereto attached , at the next regular meeting of said council after the date of his certificate of such suffciencv. The council shall forthwith cause a special election to b e held within not less than thirty-five nor more than forty-five days after the date of the order calling such election , to determine whether the electors wil recall such offcer. One election shall be suffcient for the recall of one or more offcials. Should a regular municipal election occur not more than sixty days nor less than thirty-five days from the time of the receipt of the petition by the council from the clerk , the council shall pro- vide for the submission of the question of such recall at such regular election. At any such regular election , when the question of the recall of an offcer is submitted, the ballots for the recording of the vote 011 the question of such recall must be separate from any other ballots used in such election. Sec. 16. Form of Ballot. The ballots at such recall election shall conform to the following requirements: There shall be printed thereon the following question: Shall (name of person against whom the recall petition was fied) be removed from the offce .of the (title of the offce) by recall Following which question shall be the words "Yes " and "" on separate lines , with a blank space at the right of each , in which the elector shall indicate by stamping a cross (X) his vote for or against such recall. In case more than one person is sought to be recalled at the same election, the question of recall shall be reprinted for each person separately. Sec. 17. Sample Ballot. The city clerk shall cause to be printed and mailed to each elector of the city at least ten days prior to any recall election , a sample of the ballot to be used at such election. 15 Sec. 18. Canvass of Votes. The votes shall be canvassed on Monday next succeeding the day of said election , and if itappears that a majority of those voting at said election voted" Yes " and in favor of the recall of any incumbent from offce such incumbent or incumbents shall be deemed removed from offce and a vacancy or vacancies , as the case may be, shall bedeemed to exist therein. Sec. 19. Pendency of Recall Proceedings. Proceedings forrecall of any offcer shall be deemed pending from the date of the fiing of the notice of intention to circulate a petition for the recall of such offcer. Sec. 20. Manner of Fillng Vacancies. In the event thatthe recall should prevail or in the event that any offcer shouldresign while proceedings for his recall are pending, the vl;cancy or vacancies caused by such recall or resignation shallforthwith be filled by the City Council by appointment. Any person so appointed shall hold offce , subject to the contin-gency hereinafter provided for , until the next general munic- ipal election , at which time a person shall be elected to servefor the remainder of the unexpired term; provided , however that in the event that a special election be called and held pursuant to the provisions contained in the next succeeding section , then any such appointee shall hold offce only until the date on which such special election shall occur , at which time his tenure of offce shall terminate. Sec. 21. Petition for Special Election. Within thirty days from the date of any appointment made by the city council pursuant to and in accordance with the provisions of Section 20 hereof , a petition may be filed with the city clerk request- ing that a special election be held for the purpose of electingan incumbent or incumbents for any such offce , to serve in the place of the person or persons so appointed and for thebalance of the unexpired term of the offcer or offcers recalled or resigned. Such petition shall be addressed to the city council andshall state the offce or offces sought to be filled by specialejection and the name of the person or persons whose tenure ofoffce is sought to be terminated. Such petition shall be signed by qualified electors of the city equal in number to at least forty per centum (40%) of thetotal number of persons who voted at the next precedingmunicipal election. Any petition may consist of several separate sections andeach such section may consist of several sheets of paper attached together; provided , however , that each such separatesection shall contain a full and accurate copy of the title and text of the petition. 16 -,. The signatures on such petition shall be affxed and the several sections thereof verified in the same manner as pro- vided for recall petitions in sections 6 and 7 hereof. Within fifteen days from the expiration of said thirty day period, if any such petition be filed, the city clerk shall examine and from the records of registration determine whether or not said petition is signed by the requisite number of qualified electors and shall forthwith attach to such petition his certificate , properly dated , showing the result of such examination. Should the petition be found to be suffcient, the city clerk shall submit the same , together vi'ith his certificate of such sufficiency, to the city cOluicil at its next regular meeting occurring after the date of his certification. Thereupon the city council shall forthwith call a special election to be held not lcss than thirty-five nor more than forty days after the date of the order callng such election. Any person elected to an offce at such special election shall serve for the balance of the unexpired term of the off.cer who previously held said offce and who resigned or was recalled. Nothing herein contained shall bar an appointee of the council from becoming a candidate at such election. Sec. 22. Special Commission. In the event that a majority of the city council shall be recalled at one and the same election then and in that case the city clerk shall fo call and conduct a special election to fill such vacan election shall be held not less than thirty-five nor forty-five days after the date of the clerk's order c election. In such an event the city clerk shall hav to appoint all election offcials and to do and perf required in connection with said election. The name three disinterested electors who shall act ing .board to , canvass the returns of said elec shall declare the result thereof. Before ellt duties , each member of the canvassing boar constitutional oath of ofice. If a regular m should occur llQt more than sixty days days from the date of canvassing the votes a shall provide for the fillng of the vacanci municipal election. Sec. 23. All recall elections and all spec any vacancy created by recall or by resi proceedings shall be conducted , as near charter provided for general municipal ele Sec. 24. A person who has been recal who has resigned \vhile proceedings ing, shall not be a candidate and his n the ballot as a candidate for the same 0 17 which the vacancy caused by his recall or resignation wil be filled. Sec.. .25. Interpretation. This chapter shall. be liberally construed to promote the objectsthereof and noerror omis-sionorirregularitynot . affecting the . substantial rights of. anycitizenior public offciaLslum eyer beiheld to invalidate . any proceedings taken hereunder where the requirements . of this chapter have been substantially conlplied with. PROPOSITION No. 18. That Section 6 , Al'ticle XIII of the Charter of the City of Alameda be am!mded to read as follows: Sec. 6. The .l\ayor shall have power to fill vacancies on all boards or commissions , except in such cases as this charter specifically provides for appointment to be made by the City Councilor other authority; provided , however, that any suchappointment made by the Mayor shall not become effective for any purpose until and unless the same be ratified and confirmed by the City Council. Any such appointee shallhold offce until the appointment and qualification .of a successor. 18 -: PROPOSITION No. 21. That there be added to Article XIII of the Charter of the City of Alameda, a section to be nown as Section 33 , to read : . SeG. 33. 'Vacancies. A vacancy in any elective oflee , from whatever cause arising, excep.t. as otherwise provided in the chapter on Recall , shall be filled by the City Council. Pro- vided , however, that any person. appointed to fill such vacancy' shall hold offce only until the next general municipal election at which time 2, successor shall be elected to serve for ' the unexpired term. In case .of the failure of the . city council to appoint a suc- cessor within a period of seventy days from the date any such vacancy shall occur , the city council must thereupon can a special election to fill such vacancy and. shall cause such elec- tion to be held not less than forty days nor more than forty- five days from the date of expiration of such seventy day period; provided , however , that in case a general municipal election shall take place not more than sixty days nor less than forty days from the date of expiration of such seventy day period; the council shan provide for filling the vacancy at such general election. PROPOSITION No. 22. That there be added to Article XIII of the Charter of the City of Alameda a section to be known as Section 34 , to readas follows: Sec. 34. The expressions" foul"- fifths vote of the whole council" or , " four-fifths of the council" or , " four-fifths of all the members " occurring in this Charter , shall be interpreted as requiring the affrmative vote of four members of thecouncil. ' . PROPOSITION No. 23. That Section 1 , Chapter I , of Article V of the Charter of the City of Alameda be amended to read as follows; Sec. 1. Board of Education. The control of the school department shall be vested in a Board of Education which shall consist of five members , each of whom shall hold offce fora ter v e years, and until the appointment and qualifi- ' or. Such terms shall begiJ) on'the first dayof d s 'rnate so that the term of one member shan end on the 30th day of April of each year. The members of the Boal' of Education who shall be ih offce at the time this charter shall take effect shall remain in offce until the expira tion of their respective terms. Thereupon and thereafter the vacancies occurring by expiration of the terms of the incum- bents shall be filled by appointment made by the Mayor with 19 -: the approval and consent of the City Council. Any vacancy occurring prior to the expiration of a term shall be filled by appointment , made as hereinabove ' provided , and such appointee shall serve for the unexpired term. Members of the Board of Education shall serve without compensation. PROPOSITION No 24. That .section 9 , Chapter II , of Article V of the Charter of the City of Alameda be amended to read as follows: Sec. 9. Free Library Trustees. The Alameda Free Library shall be under the control of a board of five trustees who shall receive no compensation. The members of the board who shall be in offce at the time this charter shall take effect shall remain in offce until the expiration of their respective terms. . Thereupon and. thereafter the vacancies occurring by expiration of the terms of the incumbents shall be filled by appointment made by the Mayor with the approval and consent of the City Council. Such terms. shall begin on the first day of May and shall alternate so that the term of one trustee shall end on the thirtieth day of 'April of each year. Any vacancy occurring prior to the expiration of a term shall be filled by appointment made as hereinabove pro- vided , and such appointee shall serve for the unexpired term. And we further certify that we have compared the fore- going amendments with the original proposals submitting the same to the qualified electors of said city and find that the foregoing is a full, true and exact copy thereof. In witness whereof , we .have hereunto set our hands and caused the seal of said city of Alameda to be affxed hereto this twelfth day of July, 1933. (SEALJ TAMES N. ESCHEN Mayor pro tempore of the City of Alameda. D. ELMER DYER of the City . of' Alameda. AND WHEREAS, Said proposed charter amendments have been and are now submitted to the Legislature of the State of California .for . appr.oval or rejection as a whole without power of alteration or amendment , in accordance with section 8 of Article XI. of the Constitution of the . State of California; nov,', thereforc, be it Resolved by the Assembly of the State of Califo.mia , the Senate thereof conc1.wring, a majority of all the members elected to each house voting therefor and concurring therein That said amendments to said charter herein set forth , as sub- mitted to and ratified by the qualified electors of. said city, be .. 20 .. and the same. are hereby approved as a whole, without alter tiolror amendmellt, for alld . as . amendments to alldas partof the charter of said city of Alameda.