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HomeMy WebLinkAboutORD 3709.. • '•' , .. , i ''·' e ORDINANCE 00. 3709 • ~ ORDINANCE OF TH:E COUNC1I~ OF Tfi£ C!'l'Y OF PALO ALro ~~ AMENDING CHAPTER 2.04 OF THE PALO ALTO P«JNIClPAL 1"'"'\ . CODE REGARDING REVISI. ONS ~.. COUNCIL RULES, OIAPT&R "'~- 2. 08 REGARDING OATHS OF QFP!CE ANO CHAPTERS 4. 04 ~ -'-. 12 .16, AND 16.32 REGARDING RESPONSIBILITY FQR ~,. PROVIDING NOTICES IN VARIOUS TYPES OF PROCEEDINGS ~· The Council of the City of Palo Alto ooes ORDAIN a,s fellows: SECTION l. Section 2.0.4.050(a) of t.he Palo Alto Municipal Code is hereby amended to read as follvws: "2 .. 04~050 Agenda.. (a) The City Clerk shall be notified not later than t.welve noon on the preceding hednesday of t.h~ titles of all agenda items to be submitted to the council at its regular meeting. All reports, ordinances, resolutionsf contracts, documents or other matters 1\nd supportj.ng materials in sufficient quantity fot· full packet distribution shall be delivered to the city clerk by the preceding Thursday. The city clerk shall prepare the agenda of all such matters according to the order of business {Section 2.04.060} numbering each item consecutively. A complete copy of such agenda· a.nd the afor~~aid supporting materials shall be delivered r:n· mL1 }0~ to each councilmember and each department head so as to reach the recipient not later than seven p~m. on t.he Thursda:t preceding each council maeting. The agenda and materialS; .including any letters from councilmenibers to· their ,colleagues concernin9 agenda items·, sha,ll be available to the public, all newspapers of general circulation within the city, and in the office of the city cl4trk,f and shall be delivered to all city libraries, exc~pt the Children • s Libracy, by nine a.m. on the Friday preceding 'each council meeting# and posted in the co~nci.l: chambers during each meeting.· Copi,es of the agenda may be .obtained ~rincj busin~ss, .hours on. th.e Friday preceding the me•tlng and the day of the meeting at the office of· the city olerk, at all city libraries, except the Children•s Library~ 01nd in the;! council ·chambers during each meeting. The city clerk shall cause a digest of the agenda to be publisned in .a newspaper of general cir·culatl:m at least twenty.:.. four hours before each meeting." J,'; ~ ' ; ·' . '. • SEC'•riON 2. Section 2.04.060{b), (c) of the Palo. Alto ~tunicipal Code, is hereby amended to read as follows: •2.04 .. 060 Order of buainesa. {b) Items to be conside.red after ,t.en p.m. At ten. P• m. the cit:t council shall determine whether it will commence any new items after eleven p.m. and shall determine which specific items will be taken up. (c) Scheduling of closed session. Special closed sessions shall be scheduled to the extent possible and appropriate prior to regular or special. council meetings. A":"..y closed ses.sion may be scheduled during or after a regular or special council meeting. II SECTION 3. Section 2.04.110 of the Palo Alto f,h:micipal Code is hereby am.erided ·to read as follows: · •2.04.110. Procedural rules. (I) Abstaining from vote. chooses not to vote and, in effectt a majority of the quorum of the present may act f.or him or her. The abstainer "consents" that councilmembers (J) Not. participating. A councilmember who disqualifies him or herself because of any finan­ cial interest or other interest proscri be:d by law may not participate in the discussion or the vote. (K) Tie .votes •. Tie votes m(ly be reconsidered during the time permitted ey subsection (L) 'of this section on motion by any member of the council voting aye or nay during the original vote. Before a motion is made on the next item on the agenda, any. member of the council may make a motion to con­ tinue the matter to another date.. . . ~my .. r.-<mtinuance hereunder shal:t suspend the running of any time· in which action .<:>f the city council is required by law. Nothing herein · sha~li be const.rueq to prevent any counciimember. f,rom agendiz.ing a matter which resulted in a tie vote for a subsequent meeting. -:' ' 'I,,, (I.) Motion to .reconsider. A. motion to recon­ sider any action taken by the. eouncil may be made only d'Jring the meeting or adjourned meeting there­ of when the action was takeh. A motion to recon·~ sider requires ·a second, is .debatable and is not am.endable. such motion must. ··~. made by one of the prevailing aide; but . may be seconded by q.ny councilmember. A motion to .. reconsider may be made . at any tinle and shall have precedence over all other mctions, or while a councilmember has the floor, providing no rights have intervened to'. create an estoppel. Purpose is to bring back the· matter for review. If a motion to reconsider fails 1 it. may not itself be reconsidered. Recon­ sideration may not be moved more than once on the same motion. Nothing herein shall be construed to prevent any councilmember fl.·om making a motion to rescind such action at a subsequent. meeti.ng of the council. (M) Appeal from the decision of presiding officer. When the rules are silentt the presiding officer shall decide all questions of ordert sub­ ject to appeal by a councilm~mber. When in doubt, the presiding officer may submit the question to the Council, in which case a majority vote shall prevail. Any decisioa or ruling of the presiding officer may be appealed by request of any member. The presiding officer shall call for a roll call or electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said vote oasses or results in a t,ie vote, ·the presiding officer,· s ruling sha 11 sta,·&d.. If said vote fails, the decision or ruling of the presiding officer' is reversed. (N) G€rt:.ting floor; improper references to be a voided. Every couo.cilmernber desiring to speak shall . address the chair and, upon recognition by the presiding officer, ew~ry councilme'mber · shall be confined to the question. under debate, avoiding all indecorous language arid reference 'to person­ alities. {0) Interruptions. Except tcir being called to order, a councilmember once· recognized, sh~ll no1t be inte~rupted when speaking,· except. as otherwisP. provided fo.r in these rules. A councilmember called to order while speaking shall cease speaking unti 1 the question of order is determined, and, if in order, said council member shall be permit. ted to proceed." • • . SECTION 4. A new section numbered 2.04. 365 is hereby added to the Palo Alto Municipal Code which shall read as follows; •2.o04.36S Posting o.f ordinance. All ordinances upon second reading shall be posted in a. conspicuous place in the Council Chambers. Failure to. post the ordinance shall in no way affect the passage . of an ordinance. This requirement is directory rather ·than mandatory. The exce,rytion is an ordinance that becomes effective inunediately as referenced· in section 2.04. 375." SECTION 5. Section 2.08.330(a) of the Palo Alto Municipal Code is hereby amended to read as follows· .. R2.08.330 Oath of office. (a) Each councilmember of the cityc all officers appointed by the council and all officers of the police department and other designated employees as may be required, shall take and file with the city clerk or the clerk's deputy the constitutional oath of office before entering upon the duties thereof. II . . . SECTION 6. Section 4.04.210 of the Palo Alto Municipal Code is hereby amended to read as follO\\fS: •4.04.210 Laundromats. (a} 11 Laundromat" Defined. "Laundromat," as used in this section, means any premise.-s open to the public or to residents of a particular apar-t;,ment house, · condominium development, or any oth~r type of residential development, in wh.~.ch clothing is washed or drycleaned by persons other than the owner, operator,· or any employee or agent of the owner or manager of the premises containing machinery for such purposes. (b) Required Posting. In every laundromat, there sball be posted .in a conspicuous place, . a sign in block·· pri,nted lette.ts not l~ss than one inch in height, the name·, address (other .than a post office box) and the telephone number of the owner of t.he laundromat, and additional alternate person to whom, inquiries regarding the service.s provided in sQch laundromat may be:, directed during at lea~t · si~ daylight hours ·of each day Monday through Fr:iday. ,., , • • SECTION .7. Section l2.16~040(a) of the Palo Alto Municipal Code is ·hereby amended to read as follows: •l2ol6.040 Cc:tuncil u.y designate additional uad~rgrOU.nd utility 41atricta. (a) j!'he city cound.il may fre>m: time to time call public hearings to ascertain whether the public ' necessity, health . or . safety . requi.res the ·.removal 'of. poles and overhead lines and associated overhead structures ·from some designated area of the city. The city clerk shall publish a notice of the public hearing and the director of utilities shall notify all affected property owners as shown on the last equalized assessment roll and affected utilities by mai 1 of the time and place of such hearings at least thirty days prior to the date thereof. " SECTION 8, Section 16.32.090 of the Palo Alto Municipal Code is hereby amended to read as follows: •16.32.090 Public hearing -Notice. Upon receipt of an application for a relo•::a.tion permit, the building official shall notify the city manager who shall set a date for a public hearing on said application to be held not less than ten days af·ter the filing of the application. The city clerk shall publish a notice of the public hearing and the building official shall mail a notice of said hearing not less than . five days prior to the date thereof to all ciwners of property within the zone -of interest. The zone of interest shall include all property on both sides of· the same .street or streets. as the property to which it is proposed ·to mo.ve th~ building, any part of which is · t.hree hundreq feet or less ;from the nearest ,~orner of the· property to which .. c. is. propo~ed to move the building. as measured. on the centerline· of­ the street. Any property immediately opposite shall be included. Widths of intersecting streets shall be included in. the measurE'!ments. Iri case the proposed location is a corner lot, ·the zone of interest shall include the property on all streets on which said lot f'ronts, measured as ~esignated in .. this section. · At the pll'blic hearing-, any· person may appear to support or . proi:est the granting of the relocation permit.~ . '· ' • -~ SECTION 9. This ordinance shall become effective upon the commencement of the thirty-first day after the day of its passage. INTRODUCEDt September 2, 1986 PASSED; September 22, 1986 AYES: Bechtel, Cobb, .Fletcher, Klein, Levy, Patitucci~ Renzel, Sutorius, Wooll~y ~!":1!~;s: None ABSTENTIONS: None ABSENT: None ATTEST: APPROVED: 1&1~-Mayor APf'ROVED AS 2--........_ Ci ty Manager.-·--~ City Attorne