HomeMy WebLinkAboutRESO 5930,-------
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ORIGINAL
RESOLUTION NO. 5930
RESOLUTION OF THE COUNCIL OF THE-CITY OF PALO ALTO
AMENDING SCHEDULES E-1, E-2, AND E-4 OF THE CITY OF
PALO ALTO UTILITIES RATES ANO CHARGES PERTAINING TO
DOMESTIC, COMMERCIAL, AND STREET AND HIGHWAY LIGHTING
RATES
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Pu~suant to Section 12.20.010 of the Palo Alto
Municipal Code, Schedules E-1 (Domestic Electric Service), E-2 (Com-
mercial Electric Service), and E-4 (Street and Highway Lighting) of
the Palo Alto Utilities Rates and Charges hereby are amended to read
as shown on Sheets 1011, 1021, 1031, 104g, 105, 107f, 1079, 107.2e
and 107.Jd respectively, attached hereto and incorporated herein.
SECTION 2. This Council finds that the revenue derived from the
authorized ad]ustments of said electric rates by the City Manager
shall be used only for the purposes set forth in the Palo Alto City
Charter, Article VII, Section 2, entitled •public Utilities Rev~nue."
The adoption of this resolution is, therefore, specifically exempted
under Public Resources Cod~ Section 21080(b)(8) from the requirements
of CEQA.
SECTION 3. The foregoing changes shall become effective July 1,
1981.
INTRODUCED AND PASSED: June 22, 1981
AYES: Bechtel, Eyerly, Fazzin:>~ Fletcher, Herrlerson, Klein, J.E:vy, Renzel, Witherspcx:m
NOES: None
ABSTENTIONS: None
ABSENT: None
ATT7/' ~ /} /~·-cl~ c'k-c1er,k 1
APP OVED~S TO FORM:
APPROVED:
ae..2"-'( ~ -ee' .. ~
Mayor '
SECTION 3. The Council of the City of Palo Alto requests the
Governing Body of any such other political subdivision, or any officer
otherwise authorized by law, to partially or completely consolidate
such elections and to further provide that the canvass be made by any
body or official authorized by law to canvass the returns of the elec·~
tion, except that in accordance with Article III, Section 4, of the
Palo Alto Charter, the City Council must meet and declare the results
of said elections; and that this City Council consents to such consoli-
datione
SECTION 4. Pursuant to Section 22003 of the California Elections
Code, the Council of the City of Palo Alto hereby requests the Board of
Supervisors of Santa Clara County to permit the Registrar of Voters to
render services to the City of Palo Alto relating to the conduct of
Palo Alto's General Municipal and Special Elections which are called to
be held on Tuesday, November 3, 1981.
The services shall be of the type normally performed by the Regis-
trar of Voters in assisting the clerks of municipalities in the conduct
of elections including, but not limited to, checking registrations,
mailing ballots, hiring election officers and arranging for polling
places, receiving absent voter ballot applications, mailing and receiv-
ing absent voter ballots and opening and counting same, providing and
distributing elections supplies, and furnishing votomatic machines.
Subject to approval of the Board of Supervisors of Santa Clara
County of the foregoing request, the City Clerk is hereby authorized to
engage the services of the Registrar of Voters ot the County of Santa
Clara to aid in the conduct of said elections. Further, the City Con-
troller is authorized and directed to pay the cost of said services
provided that no payment shall be made for services which the Registrar
of Voters is otherwise required by law to perform.
The City Clerk is directed to submit a certified copy of this
resolution to the Board of supervisors of the County of Santa Clara.
SECTION S. The Council finds that none of the provisions of this
resolution will have a significant adverse environmental impact.
INTRODUCED: July 20, 1981
PASSED: July 20, 1981
AYES: Sections 1 & J -Bechtel, Eyerly, Fletcher, Herrleroon, Klein, Levy, Fenzel
Wi the.rsp:x:m "Passed"
NOES: Section 2 -Bechtel, Fletcher, HerKlerson, Klein, U!vy, Renze! "Passed11
section 2 ~ Eyerly, Witherspcx:m 1'No11
ABSTENTIONS: None
ABSENT: Fazzino
APPROVED:
Ci
APPROVED TO FORM: ck?fy~
The People of the City of Palo Alto do ORDAIN as follows:
Chapter 9.72
Prohibition of Diacriaination
on the Basia of sezual Orientation
Sections:
9.72 .. 010
9.72.020
9.72.030
9.72.040
9.72.050
9.72.060
9.72.070
9.72.080
9.72.090
9.72.100
Purpose.
Definitions.
Unlawful practices.
Exceptions to unlawful practices.
Notices.
Remedies.
Limitation on action.
Severability~.
Effective date.
Amendment.
9. 72.010 Purpose. It is the policy of the City of Palo
Alto to prevent discrimination based on sexual orientation within
the City.
9.72 .. 020 Definitio11s. For the purposes of this chapter,
the following definitions are adopted:
(a) •ausiness establishment" means any entity, however
organized, which f~rnishes goods or services to the general pub-
1 ic. An entity which has membership requirements is considered to
furnish goods or services to the general public if its membership
requirements:
(1) Consist only of payment of fees: or
(2) Consist of criteria under which a substantial por-
tion of the residents of this City could qualify.
(b) "Discrimination• means any act, policy or practice
which, regardless of intent, has the effect of subjecting any per-
son to differential treatment.. Discrimination on the basis of
sexual orient.at ion shall include both discrimination based on
actual knowledge of sexual orientation and discrimination based on
supposition or assumption of sexual orientation.
( c} •Person• means any natural person, firm, corporation,
partnership or oth~r organization, ~ssociation or group of persons
however comprised. Whenever this ordinance refers to the sexua~
orientation of any person, and the person is a group, the phrase
shall mean the sexual orientation of any member of the group.
(d) "Real estate transaction" means the sale, repair, im-
provement, lease, rental or occupancy of any interest or portion
of any interest in real property and shall also include the exten-
sion of credit, financing, insurance or services in connection
with the sale, repair, improvement, lease, rental or occupancy of
any such interest in real property.
( e) •sexual orientation• means having or mani feating an
emotional and/or physical attraction to another person or persons
of the same andior opposite sex. Nothing in this definition shall
be construed to include practices which are unlawful under state
or federal law.
9. 72.030 Unlawful practices. (a) No person or business
establ ishrnent shall d iscr imi nate against another person based on
such other person 1 s sexual orientation, actual or supposed, with
respect to any of the following activities:
(1) Any aspect of employment or union membership, in-
cluding the opportunity or training for such employment and/or
membership;
(2) Any real estate transaction;
(3) The furnishing of goods and services~ or
( 4) The provi.ding of services and the use of f aci 1 i-
t ies, made available to the general public, by the City of Palo
Alto or by other entities, public or private, which are wholly or
partially funded or otherwise supported by the City of Palo Alto.
( b) No employment agency shall fail to refer or refuse to
refer for employment any person, or otherwise discriminate against
any person, on the basis of such person's sexual orientation.
( c) No rental agency or real estate agency or agent shall
fail to refer or refuse to refer for housing any person, or other-
wise discriminate against any person, on the basis of such per-
son's sexual orientation.
(d) Any of the acts or omissions mentioned in this chapter
shall be unlawful if done for any reason that would not have been
asserted but for the sexual orientation of any person.
9.72.040 Exceptions to unlawful practices. (a) Occupa-
tional qualifications. With respect to employment, an otherwise
unlawful practice by an employer is not unlawful if it is based
upon a bona fide occupational qual if tcation. A person who con-
tends that an otherwise unlawful practice is justified as a bona
fide occupational qualification shall have the burden of proving:
{1) That the discrimination is in fact a necessary re-
sult of a bona fide occupational qualification: and
(2) That there exists no less discriminatory means of
satisfying the occupational qualification.
(b) Dress and conduct. With respect to employment, the reg-
ulations of dress and conduct by an employer are not an unlawful
practice if the regulations are job-related and are applied
equally and fairly to all employees. An employer who contends
that the regulations of dress and conduct do not constitute an
unlawful practice has the burden of proving that the regulations
are job-related and applied equally and fairly to all employees.
(c) Benefits and seniority plans. With respect to employ-
ment, observance by an employer of the conditions of a bona fide
seniority system or a bona fide employee benefit plan is not an
unlawful practice, provided that such system or plan is not a sub-
terfuge to evade the purposes of this chapter.
(d) Domestic services and child care. With respect to em-
ployment, the refusal or failure of on~ person to employ another
person due to such other person's sexual orientation, actual or
supposed, is not an unl~wful practice, if the work to be performed
involves domestic services or child care, or both, to be performed
within a dwelling unit occupied by the employer or a member of his
or her family.
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(e) Small businesses. With respect to employment, nothing
in this chapter shall be deemed to apply to any business estab-
1 ishment employing less than five (5) employees.
(f) No affirmative action. With regard to employment, noth-
ing herein shall be construed to require the employment of any
person bas~d, in whole or in part, on that person's sexual orien-
tation.
( g) Owner occupied uni ts. With respect to real estate
transactions, nothing in this chapter shall be construed to apply
to the rental or leasing of any dwelling unit in a structure or on
a lot or site on which the owner or lessor or any member of his or
her family occupies one of the dwelling units if:
(1) It is necessary for the owner, lessor or family
member to use either a bathroom or kitchen facility in common with
the prospective tenant; or
(2) The structure, lot or site contains less than three
dwelling units.
{ h) Religious organizations. This chapter shall not apply
to any entity, however organized, which is created expressly for
the purpose of providing services, including education and/or
child care, to the gen~ral public on behalf of a bona fide relig-
ious organization. This exception shall not apply, however, if
such services are wholly or partially funded by the City of Palo
Alto.
( i) Nothing illegal made legal. Nothing in this chapter
shall be deemed to permit any act otherwise prohibited by law.
9.72.050 Rotices. (a) Every employer with five (5) or
more employees, every labor organization with five (5) or more
members, and every employment agency shall post and keep posted in
conspicuous places upon its premises, where notices to employees
and applicants fo~ employment and members are customarily posted,
the following notice:
•niscrimination on the basis of sexual
orientation is prohibited by law. Palo
Alto Municipal Code, Chapter "
{b) Notwithstanding the above, the provisions of this sec-
tion may be complied with by adding the words •sexual orientation•
to all notices pertaining to prohibition of discrimination which
are required by federal or state law, and indicating on the notice
that discrimination on the basis of sexual orientation is pro-
hibited by Palo Alto Municipal Code, Chapter • ---
( c) Any person who violates the riot ice requirement of this
section shall be guilty of an infraction and shall be punished by
a fine not exceeding Fifty Dollars ($50) for the first violation,
a fine not exceeding One Hundred Dollars ($100) for a second vio-
lation within one year, and a fine not exceeding Two Hundred Fifty
Dollars ($250) for each additional violation within one year.
9.72$360 Reaediea. (a) Any person who violates any
provision of this chapter, except the notice provisions of Section
9.72.050, shall be liable to the aggrieved person for damages suf-
fered, for costs of court, for attorneys' fees, and may be enjoin-
ed fr.om continuing said violation by any aggrieved person.
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.•
(b) Noud thatandin9 any provision of this chapter to the
contrary, no criminal penalties shall attach for any violation of
the provisions of thia chapter.
9. 72.070 Liaitation on action.
force the provisions of this chapter in
filed within one year following the date
inatory act.
Judicial act ion to en-
a civil action must be
of the alleged diacrim-
9. 72.080 Severability. lf any section, subsection,
paragraph, sentence, clause or phrase of this ordinance, or any
part thereof, or any exception, or any application thereof to any
person or circumstance is held to be unconstitutional, invalid or
ineffective by any court of competent jurisdiction, the remainder
of the ordinance and the application of such provision to other
persons or circumstances shall not be affected thereby.
9.72.090 Bffective date. The effective date of this
ordinance shall be the date of the adoption of a resolution by the
City Council declaring the results of the election of November 3,
1981.
9.72.100 AaendJlent. The t;.i.ty Collncil shall be able to
amend this ordinance by a vote of a majority of the members of the
Council. This ordinance can only be repealed by a majority vote
of the voting electorate •
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RESOLUCION NO. 59 40
RESOLUCION DEL CONCEJO DE LA CIUDAD DE PALO
ALTO FOR LA CUAL SE CONVOCA LA ELECCION GENERAL
MUNICIPAL PARA ELEGIR A CONCEJALES, SE CONVOCA
LA ELECCION ESPECIAL PARA PRESENTAR UNA ORDENANZA
A LOS ELECTORES EL MARTES, J DE NOVIEMBRE DE 1981
SE SOLICITA LA CELEBRACION CONJUNTA, YA SEA PARCIAL
0 TOTAL, DE ESTA CON CUALQUIER OTRA SUBDIVISION
POLITICA QUE EFECTUE UNA ELECCION EN LA CIUDAD
DE PALO ALTO ESE M!SMO DIA, Y SE SOLICITAN LOS
SERVICIOS DEL SECRETARIO DEL REGISTRO ELECTORAL
PARA EFECTUAR DICHAS ELECCIONES.
POR CUANTO, la Secci6n 3 del Articulo III de la Carta Cons-
ti tucional de la Ciudad de Palo Alto requiere que se efectue
una Elecci6n General Municipal para elegir a concejales
el primer martes de noviembre de cada afio impar, es decir~ el
3 de noviembre de 1981; y
FOR CUANTO, la Secci6n 2 del Articulo IV de la Carta Constitucional
de Palo Alto y la SecciOn 2.40.010 del C6digo Municipal de
Palo Alto otorgan a este Concejo el poder de convocar una
Elecci6n Especial que se efectOe conjuntamente con la Elecci6n
Municipal General con el fin de ofrecer la propuesta ordenanza
a la consideracitn de los electores; y
POR CUANTO, en cualquier momento que se convoquen dos o mas
elecciones de un distrito legislative o del congreso, un