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Home My WebLink About2018-12-10 Ordinance 545520181211 th 0240113 TS/ORD Amending 2.04 Ordinance No. 5455 Ordinance of the Council of the City of Palo Alto Amending Section 2.04.190 (Standing Committees Special Committees) of Chapter 2.04 (Council Organization and Procedure) of Title 2 (Administrative Code); and Amending Section 12.10.060 (Coordination with City) of Chapter 12.10 (Street Cut Fees) of Title 12 (Public Works and Utilities) of the Palo Alto Municipal Code to Conform to a SevenMember City Council. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1: The Council of the City of Palo Alto finds and declares as follows: A. In November, 2014, the Charter of the City of Palo Alto was amended by the electorate to reduce the City Council to seven members (from the current nine member council) effective January 1, 2019. B. In order to prevent conflicts with the California Brown Act, relevant sections of the Palo Alto Municipal Code must also be amended to reflect the sevenmember Council. SECTION 2. Section 2.04.190 of the Palo Alto Municipal Code is hereby amended as follows (deleted text is in strikethrough, new text is underlined): 2.04.190 Standing committees Special committees. (a) Not later than the second regular council meeting in January, the mayor shall appoint two standing committees, consisting of four three members each from the members of the council. The mayor shall appoint each council member to only one standing committee and shall appoint the chairperson of each committee. The mayor, or the vicemayor at the request of the mayor, may act as an ex officio, voting member of each committee when one or more regular committee members are absent. (b) The standing committees shall be designated, respectively, committee on finance and committee on policy and services, and shall meet at 7:00 p.m. in the city hall on the day established by Section 2.04.200. (c) Council members may attend meetings of committees of which they are not members, without participating in any manner, but only committee members or ex officio committee members shall vote in committee in accordance with subsection (a) of this section. (d) Council members who submit matters to the council which are referred to a standing committee may appear before the standing committee to which the referral has been made in order to speak as proponents of the matter. Standing committee meetings during which such referrals may be considered shall be noticed as council meetings for the purpose of DocuSign Envelope ID: 24129CEC-E4A4-4624-9ECB-B34D8D6B6F95 20181211 th 0240113 TS/ORD Amending 2.04 enabling the standing committee to discuss and consider the matter with a quorum of the council present. (e) In addition to standing committees the mayor may, subject to approval of the council, appoint such other special committees of council members, private citizens or both as deemed desirable and necessary to assist and advise the council in its work. SECTION 3. Section 12.10.060 of the Palo Alto Municipal Code is hereby amended as follows (deleted text is in strikethrough, new text is underlined): 12.10.060 Coordination with city. (a) Before a person, utility or public utility applies for an "Application and Permit for Construction in the Public Street" to construct in the public rightsofway or any street, alley, sidewalk or other public place, the applicant shall notify the director of public workscity engineer, and the city engineer, or designee, shall review on behalf of the applicant the utility master plans and the city's fiveyear repaving plan on file with the department of public works. The applicant shall coordinate, to the fullest extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such public rightsofway, streets, alleys, sidewalks or other public places. Such coordination shall include: (1) Whenever two or more parties have concurrently proposed a major excavation in the same block during a fiveyear period, they shall meet and confer with the director of utilities, or designee, regarding whether it is feasible to conduct a joint operation. If the director, or designee, determines that it is feasible to conduct a joint operation, a single contractor shall be selected and a single application fee charged. (2) Any person, utility or public utility aggrieved by the director's decision to require a joint operation may, within thirty days of receipt of the director's written notice, file an appeal with the city manager in written form in a manner prescribed by the director. Within thirty days of the filing of a timely appeal from the director's determination, the city manager shall review the appeal and issue a recommendation to the council to uphold or overturn the action or determination of the director. The recommendation of the city manager shall be placed on the consent calendar of the council within thirty days of the filing of the appeal. In determining such appeal, the council shall consider the impact of the proposed excavation on the neighborhood, the applicant's need to provide services to a property or area, facilitating the deployment of new technology as directed pursuant to official city policy, and the public health, safety, welfare and convenience. The council may adopt the recommendation of the city manager, or remove the appeal from the consent calendar, which shall require five votes a majority vote, and take action to uphold or overturn the recommendation of the city manager. The decision of the council is final. DocuSign Envelope ID: 24129CEC-E4A4-4624-9ECB-B34D8D6B6F95 20181211 th 0240113 TS/ORD Amending 2.04 (b) To avoid future excavations and to reduce the number of street excavations, any person, utility or public utility providing utility or communications service shall be requested, when practicable, to install sufficient conduit to accommodate the reasonably foreseeable future business growth needs of that person, utility or public utility. SECTION 4. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are hereby declared to be severable. // // // // // // // // // // // DocuSign Envelope ID: 24129CEC-E4A4-4624-9ECB-B34D8D6B6F95 DocuSign Envelope ID: 24129CEC-E4A4-4624-9ECB-B340806B6F95 SECTION 5. CEQA. The City Council finds and determines that this Ordinance is not a "project" within the meaning of section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. SECTION 6. Effective Date. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED : October 29, 2018 PASSED: December 10, 2018 AYES: DUBOIS, FILSETH, FINE, HOLMAN, KNISS, KOU, SCHARFF, TANAKA, WOLBACH NOES: ABSTENTIONS: ABSENT: ATIEST: ~~ City Clerk APPROVED AS TO FORM: Deputy City Attorney 20181211 th 0240113 TS/ORD Amending 2.04 APPROVED: City Manager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