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Home My WebLink AboutRESO 6154ORIGINAL RESOLUTION NO. 6154 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CALLING ITS GENERAL MUNICIPAL ELECTION OF COUNCIL MEMBERS, CAT,LING A SPECIAL ELECTION FOR SUBMITTAL OF CERTAIN MEASURES TO AMEND THE CHARTER OF THE CITY OF PALO ALTO TO THE ELECTORATE, REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS, AND ORDERING THE CONSOLIDATION OF SAID ELECTION WHEREAS, Article III, Section 3, of the Palo Alto Charter requires that a General Municipal Election for election of council members be held on the first Tuesday after the first Monday in November of each odd-numbered year, that is, November 8, 1983; and WHEREAS, a vacancy exists on the City Council, and Article III, Section to, provides that at the next election succeeding any vacancy, a council member ~hall be elected to serve for the unexpired term; and WHEREAS, Article XI, Section 3, of the California Constitution empowers this Council to call a Special Election for the purpose of submitting proposed City Charter amendments to the electorate for considerationi and WBERBAS, whenever two or more elections of any legislative or con- gressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same terri- tory, or in territory that is in part the same, such elections may be either completely or partially consolidated ~u~suant to Part 2.5 {com- mencing with Section 23300) of Division 14 of the Elections Code and Section 5342 of the Education Codei and WHEREAS, Section 22003 of the Elections Code empowers this Council to request the assistance of the County Registrar of Voters to provide election services to City; NOW, TBEREPORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. A General Municipal Election is hereby called for the City of Palo Alto to be held on Tuesday, November 8, 1983, for the pur- pose of electing five (5) council members, four (4) council members for full terms (four yeak:"S) and one ( 1) council member for a short term (two years) ~nd a Special Election is hereby called to be consolidated with said General Municipal Election on November 8, 1983, for the pur- pose of submitting the below-designated Charter amendments to the elec- torate. The City Clerk is directed to do all things required by law to effectuate such General Municipal and Special Elections. SECTION 2. Pursuant to the authority of the California Constitu- tion, the City Council submits the following proposal to &2end the City of Charter of the City of Palo Alto to the electorate: -1- -·-------- CITY OF PALO ALTO JllBASORB Shall the Charter of the City of Palo Alto be amended to eliminate the off ice of Controller ap- pointed by the City Council and to create a new office of Auditor to be appointed by the City Council? For the Amendment --- Against the Amendment If a majority of qualified electors voting on such measure shall vote in favor of City of Palo Alto Measure~' it shall be deemed rat- ified and Sections 9 and 20 of Article III, Sections 1, 6.p., and 12 of Article IV of the Charter of the City of Palo Alto, shall be amended, and Section il shall be added to Article IV of the Charter of the City of Palo Alto to read as follows: Article III, Sec. 9. Officers appointed by councils boards, ~ittees, and comaiaaiona. The council shall appoint a city manager, clerk, attor- ney, and -eeft-t~ei~~ auditor, and, except as other- wise provided, may by ordinance or otherwise create or abolish offices, boards, committees, or commis- sions, and provide for their manner of appointment, their tenure, and the duties which they shall per- form. Article III, Sec. 20. Aaaignaent of offi- cers' duties. The council may, by ordinance, assign additional duties and powers to off ieers, departments, commissions, and boards provided in this charter, or may reassign functions from one office to another, or may combine in one off ice the powers and duties of another off ice, provided that the offices of city manager and eett~re~l-er auditor may not be combined and that an off ice to whICh the manager makes the appointment shall not be combined with one to which the appointment is made by the council. Article IV, Sec~ 1 • Council "ppointed off i- cera. The council shall appoint the city man- ager, clerk, attorney and eetn~reiier auditor who shall serve at its pleasure. Article IV, sec. 6. Duties of city aanager. It shall be the duty of the city manager: p. To coordinate the purchase for all de- p~rtments of the City. No purchase shall be made without approval of the city manager.---ernd--e!:ty een~reiier~ - -2- Article IV, Sec. 12. Duties of appointive officers. The duties of the city clerk and attorney -and--~~1!r shall be those normally exercised by such officers as provided in this charter and in the administrative code. pre¥i:eeeT newever7-that-the-eefttreiier-shai~-in-ae&*tien-have f ttii-~-o+-aii-'1tCCt>tH'~~-fr9*-a'l'\d--&i~~~~'!--i-n--a%~ deper~eftts7-reeeJllJ'lleft~-tfte-£erm-in-whiek-the-~~d9et ia-te-be--edopeed-r~-interp~et-~+te--i1~-e-~-tne apprepriati~U'l-r It shall ~ ~ du~ of the city auditor to ensure ~ the City departments and officers res~nsible !2,!. accountin_g_ and financiar-manaqement activities comply with statutor,I requirements ~ accounting standards. ll shall be the duty of ~ auditor to conduct internal audits of all the fiscal trans- actions Qi ~ City_ 1ncludin9,but not limited to, the exam1nat1on ~ analysi~ of f iscl!! frocedures and the examination, checking! and ver1f 1cation of accounts ~ expenditures1 ~ .the Fity auditor shall ~rov1de other analyses of f 1nanc1al and oper- ating ~ !!. directed .21 the city counc'Tl. The city auditor shall conduct inte~nal audits in accordance with !. schedule aeproved _2l * fity council and •!I conduct unscheduled audits _.!.2! time to time. The results of these audits shall be ~~tiq !!l writing ~. the city c?uncil and the city manager. ~ addition, th~. auditor shall have ~ other duties !!. the council may ~ ordinance du:ect. Article IV, Sec. 13. Audits. In addition ~ ~ audits conducted E¥ ~ city auditor, the city council shall engage .!!l independent certified public account1ng firm to conduct .!n. annual ex- ternal audit and rees>rt the fesults 5!!.thls audit .!!l wr1t1ng to the city council. The city auditor shall coordrilate the annual external audit. SECTION 3. Pursuant to the authority of the California Constitu- tion, the City Council submits the following proposal to amend the City of Palo Alto Charter to the electorate: -3- CITY OP PALO ALTO llBASOR.B Shall thf: Charter of the City of Palo Al to be amended to authorize the City Council to appoint an independent board or boards for Cable Television matters? For The Measure Against The Measure If a majority of qualified electors voting on such measure shall vote in favor of City of Palo Alto Measure , it shall be deemed ratified and Section 22 of Article III of the Charter of the City of Palo Alto shall be amended to read as follows: Sec. 22. Board of ~neation refereea1 cable t•le•iaion bo«rd, other boards adTisory only. The council may appoint a board of compensation referees to act upon all claims against the city arising under the workmen's compensation provisions of the Labor Code of the State of California. The council may also appoint .!!!. independent board or boards for cable tele~lsion matters. All other boards, "Commissions, and committees appointed by the council or by any officer of the City under the provisions of this charter or under any ordinance adopted by the council shall be advisory only and shall exercise no governmental or administrative powers. SECTION 4.-Pursuant to the authority of the California Constitu- tion, the City Council submits the following proposal to amend the City of Palo Alto Charter to the electorate: CI'rf OP PALO ALTO MEASURE Shall the Charter of the City of Palo Al to be amended to give the City Council authority to grant a franchise or franchises for Cable Television? For The Measure Against The Measure If a majority of qualified electors voting on such measure shall vote in fav~r of City of Palo Alto Measure , it shall be deemed ratified and Section 15 of Article III of the Charter of the City of Palo Alto shall be amended to read as follows: Sec. 15. Praacbi••• granted b7 electorar ezception, tera. Except for any franchise or franchises which the ci~ council ma-¥ grant for the 2rovls!on of cabTe teievislon servi.ces, no other franchise ~ any other 2urpose shall be granted by -4- the council, but may be granted by the electors by ordinances proposed and adopted as provided in Sec- tion 2 of Article VI of this charter, provided that the petition therefor shall be signed by qualified and registered voters equal in number to at least twelve percentum of the number of registered voters at the last pxecedlng general municipal election; and provided further that no franchise shall be granted for a longer term than twenty-five years. SECTION 5. The Counci 1 of the City of Palo Al to requests the Governing Body of any such other political subdivision, or any officers 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 autho~ized by law to canvass the returns of the elec- tion, except that in accordance with Art.icle III, Section 4, of the Palo Alto Charter, the City Council must meet and declare the results of said elections1 and that this City Council consents to such consoli- dation. SECTION 6. Pursuant to Section 22003 of the California Elections Code, the Council of the City of Palo Alto hereby requests the Boatd 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 8, 1983. 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 ballotsr 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 of 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 pxovided that no payment shall be made for services which the Registrar of Voters is otherwise requir~d by law to perform. The City Clerk is directed to submit a certified copy of this resolu~ion to the Board of Supervisors of the County of Santa Clara. SECTION 7. The City Clerk is directed to do all things requested by law to present such seasures to the electorate, including required publication and noticing. Further, the City Clerk is directed to for- ward a copy of this resolution to the City Attorney for preparation of an i11pa~tial analysis of the above measures. -s- .. SECTION 8. The Council finds that none of the prov1s1ons of this resolution will have a significant adverse environmental impact. INTRODUCED AND PASSED: July 11, 1983 AYES: Bechtel, Cobb, Eyet·ly, Fazzino, Fletcher, Klein, Levy, Renzel, Witherspoon NOES: None ABSTENTIONS: None ABSENT; None City an ger ~i~ c-r--4uer APPROVED: ~#4/ -6-