HomeMy WebLinkAbout2020-08-03 Ordinance 5503
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Ordinance No. 5503
Ordinance of the Council of the City of Palo Alto to Amend Chapter 2.18 (Public Art
Commission) and Chapter 2.22 (Human Relations Commission) to Reduce Each Commission to
Five Members
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Chapter 2.18 (Public Art Commission) of the Palo Alto Municipal Code is
hereby amended and restated as follows (deleted text is in strikethrough, new text is underlined):
2.18.010 Membership.
There is created a public art commission composed of seven five members who are not council
members, officers, or employees of the city, and who shall be appointed by the city council.
2.18.020 Qualifications of members.
Members of the public art commission either shall be members of the architectural review
board or shall be professional visual artists, professional visual arts educators, professional visual
arts scholars, or visual arts collectors whose authorities and skills are known and respected in the
community and, whenever feasible, who have demonstrated an interest in, and have participated
in, the arts program of the city.
2.18.040 Term of office.
Terms of office on the Public Art Commission shall be three years. Commission appointments
shall be staggered so that three (3) members are appointed in 2018 and every three years
thereafter, one (1) member is appointed in 2019 and every three years thereafter, and one (1)
member is appointed in 2020 and every three years thereafter. Terms of office shall commence
on the first day of June and end on the last day of May.and four (4) members are appointed in
2017 and every three years thereafter Effective January 1, 2016, terms of office due to expire on
April 30 of each year shall be extended to expire on May 31 of the same year, and thereafter
terms of office shall commence on the first day of June. If a successor is unavailable, a member
may remain in office until his or her successor is appointed.
2.18.050 Officers, meetings, and procedures.
(a) Chairperson. The public art commission shall select one of its members as chairperson,
who shall hold office for one year or until a successor is elected, unless the chairperson's term as
a member of the public art commission expires sooner.
(b) Meetings. The public art commission shall establish a regular time and place of meeting
and shall hold at least one regular meeting a month. Special meetings may be called by the
chairperson or by any three members of the public art commission upon personal notice being
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given to all members or by written notice being mailed to each member twenty-four hours prior
to such meeting unless such notice requirement is waived in writing.
(c) Procedures. The public art commission shall prescribe bylaws, forms, applications, rules,
and regulations for the conduct of its business. All meetings of the public art commission shall be
open to the public and are subject to Title 5, Division 2, Part 1, Chapter 9 of the California
Government Code or successor legislation. The decisions of the public art commission shall be
transmitted to the director of arts and culture and to such other body or bodies which have
jurisdiction to review the project under consideration.
2.18.070 Jurisdiction.
(a) Art in Public Places. The public art commission shall perform the duties and shall have
the responsibilities specified in Chapter 2.26 of this title.
(b) Additional Duties. The public art commission shall perform such other duties and
undertake such other responsibilities as the city council may direct from time to time.
(c) Interaction with Other City Bodies. If the functions of the public art commission overlap
the functions of another city committee, commission, board, task force, or the like, the director
of arts and culture, in cooperation with the public art commission and such other city body, shall
devise a procedure for coordinating such functions to avoid duplication of efforts, to maximize
cooperation between the city bodies, and to utilize the expertise of the various city bodies in a
manner most compatible with the public welfare.
(d) Interaction with City Departments. The chief building official shall determine whether a
proposed work of art is a mural or a sign under Section 16.20.011(a)(10) of this code prior to
review by the public art commission.
SECTION 2. Chapter 2.22 (Human Relations Commission) of the Palo Alto Municipal
Code is hereby amended and restated as follows (deleted text is in strikethrough, new text is
underlined):
2.22.010 Membership.
There is created a Human Relations Commission composed of seven five members who are not
council members, officers or employees of the city, who are residents of the city, and who shall
be appointed by the city council.
2.22.020 Term of office.
Terms of office on the Human Relations Commission shall be three years. Commission
appointments shall be staggered so that two (2) members are appointed in 2018 and every three
years thereafter, two (2) members are appointed in 2019 and every three years thereafter, and
one (1) member is appointed in 2020 and every three years thereafter. Terms of office shall
commence on the first day of June and end on the last day of May. Effective January 1, 2016,
terms of office due to expire on April 30 of each year shall be extended to expire on May 31 of
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the same year, and thereafter terms of office shall commence on the first day of June. If a
successor is unavailable, a member may remain in office until his or hera successor is appointed.
2.22.030 Officers, meetings and procedures.
(a) The commission shall elect one of its members chairperson who shall hold office for one
year and until his or hera successor is elected unless his or herthe chairperson’s term as a
member of the commission sooner expires.
(b) The Human Relations Commission shall establish a regular time, date and place of meeting
and shall ordinarily hold meetings monthlyThe commission shall establish a regular time and
place of meeting and shall hold at least one regular meeting a month. Special meetings may be
called by the chairperson or by any four three members of the commission upon personal notice
being given to all members or by written notice being mailed to each member twenty-four hours
prior to such meeting unless such notice requirement is waived in writing.
(c) Four Three of the seven five members shall constitute a quorum and the affirmative votes
of four a majority of members present are required to take any action.
(d) The commission may establish task forcesad hoc committees of two commission members
for advisory and investigative purposes. The commission shall, by majority vote, appoint
members of task forcesad hoc committees, such task force members to be approved by the
mayor. Members of the commission may be appointed as members of a task force.
2.22.050 Jurisdiction.
(a) The human relations commission has the discretion to act with respect to any human
relations matter when the commission finds that any person or group does not benefit fully from
public or private opportunities or resources in the community, or is unfairly or differently treated
due to factors of concern to the commission.
(1) Public or private opportunities or resources in the community include, but are not limited
to, those associated with ownership and rental of housing, employment, education and
governmental services and benefits.
(2) Factors of concern to the commission include, but are not limited to, socioeconomic class
or status, physical condition or handicap, married or unmarried state, emotional condition,
intellectual ability, age, sex, sexual preference, gender identity, race, cultural characteristics,
ethnic background, ancestry, citizenship, and religious, conscientious or philosophical belief.
(b) The commission shall conduct such studies and undertake such responsibilities as the
council may direct.
2.22.060 Authority.
Upon making a finding pursuant to Section 2.22.050(a), the commission may act as follows:
(a) To foster public awareness and understanding of human relations problems by any means
of disseminating information including, but not limited to, educational programs and printed and
electronic media;
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(b) To facilitate resolution of problems or improvement of conditions within the jurisdiction
of the commission by encouragement, persuasion and mediation and by pointing out private or
public agencies which might provide assistance;
(c) To make such studies which, in the judgment of the commission, might aid in affecting
matters within the jurisdiction of the commission;
(d) To recommend local legislation or other action to the council and to encourage the
council to support or oppose state or federal legislation or regulation relating to matters within
the jurisdiction of the commission;
(e) To coordinate programs of the commission with similar programs by private and public
agencies and organizations; and
(f) To recommend or oppose legislation other than that of the city, provided that the city
council has not taken an official position with respect to such legislation, and provided further
that any communication, whether oral or written, from the commission concerning such
legislation clearly indicates that such recommendation or opposition is that of the commission
and is not necessarily that of the city council.
2.22.070 Liberal construction.
The provisions of this chapter shall be liberally construed to effectuate the public purpose of
fostering human relations.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment.
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SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED: June 22, 2020
PASSED: August 3, 2020
AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS
NOES: KOU, TANAKA
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
Director of Community Services
DepartmentDivision
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Subject: Please DocuSign: ORD 5503 Ordinance Amending Chapters 2.18 and 2.22 to Reduce PAC and HRC from ...
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250 Hamilton Ave
Palo Alto , CA 94301
kimberly.lunt@cityofpaloalto.org
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Tim Shimizu
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Deputy City Attorney
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Kristen O'Kane
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Assistant Director Community Services
City of Palo Alto
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Ed Shikada
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Ed Shikada, City Manager
City of Palo Alto
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Adrian Fine
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Beth Minor
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City Clerk
City of Palo Alto
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