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HomeMy WebLinkAboutRESO 6629• RESOLUTION NO. 6629 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CALLING A SPECIAL ELECTION FOR TUESDAY, NOVEMBER 3, 1987, FOR SUBMITTAL OF CERTAIN MEASURES TO THE ELECTORATE AND ORDERING THE CONSOLIDATION OF SAID ELECTION. WHEREAS, by Resolution No. 6625, the City Council Pas called a general municipal election for the election of Council Member~ for November 3, 1987, pursuant to Article III, Section 3, and ordered consolidation of said election~ and WHEREAS, pursuant to Article VI, Section 2 of the Charter of the City of Palo Alto which empowers this Council to propose and submit ordinances to the electors, the Council desires to place a question of a utility tax and a question of changing the appropriation limit set pursuant to Article XIII B of the California Constitution before the electorsi and WHEREAS, an initiative petition regarding leaf blowers and another initiative petition regarding a nuclear free zor .. have been presented to the City Council in accordance with the requirements of Article VI, Section 2, of the Charter of the City of Palo Alto and this Council has concluded that it wishes to submit said initiatives to the electorate of the City of Palo Alto for consideration, rather than the alternative of adopting them directly1 and WHEREAS, elections are scheduled to be held on November 3, 1987, in certain school districts and certain special districts in Santa Clara Countyi and WHEREAS, pursuant to Education Code Section 5342 and Part 2.5 of Division 14 of the r:ections Code, commencing at Section 23300, such elections may be partially or completely consolidated; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Pursuant to ArticlP. VI, Section 2 of the Charter of the city of Palo Alto, this Council submits to the electorate of the City of Palo Alto the following question: CJ:ft OF PALO AL'-0 llBASUllB --- Shall an ordinance be adopted which imposes a utility users tax of five percent (5%) of the utility charges on users of electricityt gas, water and telephones in the City of Palo Alto and provides for a reduced tax rate for high volume users and provides for collection of this tax? For th,., measure Against the measure ------ 1 • If a majnrity of the qualified electors voting on such measure shall vote in favor of City of Palo Alto Measure , it shall be deemed ratified and shall read as follows: ORDINANCE NO. ORDINANCE OF THE PEOPLE OF,.-:T~B~E_,,,.C=IT~Y OF PALO ALTO AMENDING THE PALO ALTO MUNICIPAL CODE BY ADDING CHAPTER 2.35 TO TITLE 2 THEREOF, ESTABLISHING A UTILITY USERS TAX ANO PROVIDING FOR THE COLLECTION THEREOF The People of the City of Palo Alto do ORDAIN as follows: SECTION 1. Title 2 of the Palo Alto Municipal CodP. is hereby amended by adding a new chapter thereto which shall read as follows: Sections: 2.35.010 2.35.020 2.35.030 2.35.040 2.35.050 2.35.060 2.35.070 2.35.080 2.35.090 2.35.100 2.35.110 2.35.120 2.35.130 2.35.14U 2.35.150 2.35.160 2.35.170 2.35.180 2.35.190 Chapter 2.35 UTILITY USERS TAX Short Title. Tax Imposed. Disposition of Tax Revenue. Definitions. Constitutional Exemption. Electricity Users Tax. Gas Users Tax. Water Users Tax. Telephone Users Tax. Tax Rate for Ri9h Volume Service Users. Cou.1cil Authorization to Suspend Collection of A Portion of Tax for Limited Periods of Time. Collection of Tax. Reporting and Remitting. Penalty for Delinquency. Records. Failure to Pay Tax -Administrative Remedy. Actions to Collect. Administrative Rules, Regulations and Agreements. Refunds. 2.35.010. Sbort Title. This Chapter shall be known as the Utility Users Tax. 2.35.020. Tas Zllposed. There is hereby established and imposed, commencing on the effective date of this chapter, a utility users tax at the rate set forth in this chapter. 2. 2.35.~30. Disposition Of Tax Revenue. The tax impos•!d by this chapter is for the purpose of raising r~venues for the general governmental purposes of the City. All of the proceeds from the tax imposed by this chapter shall be placed in the City's General Fund. 2.35~840. Definiti<Y...a. Except where context otherwise requires, the definitions given in this section govern the construction of this chapter: A. •city• means the City of Palo Alto. B. •Month• means a calendar month. c. •person• means any natural person, firm, association, joint venture, joint stock company, partnership of any kind, club, Massachusetts business or common law trust or society, organization, corporation {foreign and domestic), bus~~ess trust of any kind, or the manager, lessee, agent, servant, officer or employee of any of them. D. •service supplier• means a person required to collect and remit a tax imposed by this Chapter and includes the City's Utilities Department with respect to a tax imposed on the use of gas, electricity and water and any Telephone Corporation with respect to the tax imposed on the use of telephone services. E. •service user• ~eans a person required to pay a tax imposed by this Chapter. F. •utility Tax Year• means the period beginning on the effective date of this ordinance and ending June 30, 1988, for the initial utility tax year. Thereafter, the utility tax year shall be the 12-month period beqinning July 1 and ending June 30 of the ne~t suc~eeding calendar year. G. "Telephone Corporation" means the same as defined in Section 234 of the Public Utilities Code of the State. 2.35.950. Constitutional Bxemption. Nothing in this Chapter shall be construed as imposing a tax •1pon the City of Palo Alto or any other person if imposition of such tax upc)n that person would be in violation of the Constitution of the United States or that of the State of California. 3. 2.35.060. Electricity Users Taz. A. There is imposed a tax upon every person in the City using electricity in the City. The tax imposed by this section shall be at the rate of five percent (5%) of the charges to a service user made for such electricity by a service supplier, except as provided in Section 2.35.100. Said tax shall be paid by the person paying for such electricity. B. •charges,• as used in this section, shall include charges made for metered energy and charges for service including customer charges, service charges, standby charges, charges for temporary services, demand charges, and annua~ and monthly charges. c. As used in this section, the terN •using electricity• shall not be construed to mean the storage of such electricity by a person in a battery owned or po3sessed by him for use in an automobile or other machinery or device apart from the premises upon which tbe electricity was received; provided. however, that the term shall include the receiving of such electricity for the purpose of using it in the char9in9 of batteries; nor shall the term include the mere transmission or receiving of such electricity by a governmental agency at a point within the City for resale. 2.1s.010. Gas oaera Taz. A. There is iaposed a tax upon every person in the City using gas in the City which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of five percent (5%) of the charges to a service user made for such gas by a service supplier, except as provided in Section 2.35.100. Said ta~ shall be paid by the person paying for such gas. s. •charges,• as used in this sectlon, shall include charg~s made for metered gas and charges for service, including customer charges, service charges, demand charges, standby charges, charges for temporary service, and annual and aonthly charges. c. There shall be excluded from the base on which the tax imposed in this section is computed charges made for gas which is to be resold and delivered throlJ9h mains or pipes and charges macle for gas to be used in the generation of electrical tmergy by a governmental agency. Ii '"'9 -. 2.35.080. Water users Tax. A. There is imposed a tax upon every person in the City using water which is delivered through mains or pipes in the City. The tax imposed by this section shall be at the rate of five percent {5%) of the charges to a service user made for such water by a service supplier, except as provided in Section 2.35.100. Said tax shall be paid by the person paying for such water. B. •charges,• as used in this section, shall include charges for metered water and charges for service, including customer charges, ser~ice charges, standby charges, charges for temporary service, and annual and monthly cha~ges. c. There shall be excluded from the base on which the tax imposed in this section is computed charges made for water which is to be resold and delivered through mains or pipes and charges made for water used in the generation of electrical energy by a governmental agency. 2535.090. Telephone users Tax. A. There is imposed a tax upon every person in the City, using intrastate telephone co1DJ1unication services in the City, other than a telephone corporation. The tax imposed by this section shall be at the rate of five percent {5%) of the charges made to a service user for such services by a service supplier and shall be paid by the person paying for such services. B. As used in this section, the ~erm •charges• shall not incl~de charges for services paid for by inserting coins in a coin-operated telephone except that where such coin-operated services are furnished for a guarantee~ amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the anlount of tax due1 nor shall the term •telephone communications services• include land mobile services or maritime mobile services as defined in Section 2.1 of Title 47 cf the Code of Federal Regulations, or any amendment or replacement thereof. The term •telephone communication services• refers to that service which provides access to a telephone system and the pri~ile9e of telephonic quality communication with substantially all persons having telephone stations which are part of such telephone systea. The t~rm •telephone communication services• also refers to that service which provides access to a telephone system for data and/or video to the extent permitted by law. The s. --·--·· ----------------------------- telephone users tax is intended to, and does, apply to all charges billed to a telephone account having a situs in the City, irrespective of whether a particular communication service originates and/or terminates within the City. The situs shall be the service address if known; otherwise the billing address. c. Notwithstanding the provisions of subsection A of this section, the tax imposed under this section shall not be imposed upon any persons for using intrastate telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Division 2, Part 20 of the California Revenue and Taxation Code, or the tax imposed under Section 4251 of the Internal Revenue Code, or any amendment or replacement thereof. 2.35.100. Tas Rate for Bigb Volume Service users. A. The tax rate imposed on electricity, gas and water users in Sections 2.35.060, 2.35.070 and 2.35.080 respectively shall be three percent (3%) on all utilit; charges to a service user exceeding t•·e ctimulative amount of $800,000 for water, gas and electricity or any combination thereof during any utility tax year And shall be two percent (2%) of the amount of utility charges exceeding the cumulative amount of $2,400,000 for water, gas or electricity or any combination thereof during any utility tax year. B. Commencing on July 1, 1988, and every July 1 thereafter, the Director of Fi11ance shall annually adjust the three percent (3%) and two percent (2%} tax rat& thresholds specified in subsection A of this section by the annual change in the Consumer Price Index, All Urban Consumers, for the San Francisco- Oakland-San Jose Metropolitan Area published by the Bureau of Labor Statistics or any replacement Index published by said Bureau (•Index•) for the preceding year as illustrated by the following formula: NT = T(A) (8) NT = New threshold for the upcoming utility tax year T • Current threshold A = The Index for April preceding the upcoming utility tax year B = The Index for the previous April. 6. For example, on July 1, 1988, the thresholds shall be adjusted by multiplying them by the April 1988 Index divided by the April 1987 Index. c. Where any person can establish to the satisfaction of the Director of Finance that they are a person responsible for the payment of one or more taxes under this chapter, they may aggregate charges for gas, electricity or water or any combination thereof for purposes of determining the application of the reduced rate pursuant to this section. The City Manager shall develop and publish written regulations for de~ermining which person(s) is a service user for the purposes of implementing the lower rates authorized by this section. Such regulations may be amended from time to time. 2.35.110. Council Authorization to suspend collection of A Portion of Tax Por Liaited Periods of Time. The City Council may from time to time determine to collect less than the five percent (5\) tax impos~d by Sections 2.35;060, 2.35.070, 2.35.080, and 2.35.090 from all service users and may suspend a portion of the maximum rates by passage of an ordinance stating: 1. The Council's intention to suspend collec- tion of a portion of said tax. 2. The duration of the suspension which in no event shall exceed 1 year. 3. The exact portion of the tax, collection of ~hich is being suspended. This rate suspension shall apply to all service users across the board and shall be in effect for one year from the effective date of said ordinance. 2.35.120. Collection of Yax. A. Every service supplier shall collect the amount of tax imposed by this Chapter fro11 the service user. B. The tax shall be collected insofar as practicable at the same time as, and along with the collection of charges made in accordance with the regular billing practice of the service supplier. Except in those cases where a service user pays the full amount of said charges but does not pay any portion of a tax imposed by this Chapter, or where a service u~er has notified a se~vice supplier that he is refusing to pay a tax impos;:d by this Chapter which 1. said service supplier is required to collect, if the amount paid by a service user is less than the full amount of the char9e and tax which has accrued for the billing period, a propoctionate share of both the charge and tax shall be deemed to have been paid. c. The duty to collect the tax from a service user shall coRllltence thirty {30) days after the effective date of this Chapter. If a person receives more than one billing, one or more being for a different period than another, the duty to collect shall arise separately for each billing period. 2.35.130. Jteporting and Rellitting. Each service supplier, shall, on or before the last day of each 11.orith,. make a recurn to the Director of Finance, on forms p~ovided by him, stating the am.aunt of taxes billed by the service snpplier during the preceding mon~h. At the time the return is filed, the full amount of the tax collected shall be remitted to the Director of Finance. The Director of Finance may require further information in the return. Returns and remittances are due immediately upon cessation of business for any reason. 2035.140. Penalty for Delinquency. A. Taxes collected from a service user which are not reaitted to the tax administrator on or before the due datea provided in this chapter are delinquent. B. Penalties for delinquency in remittance of any tax collected or any deficiency in remittance, shall attach and o~ pa~d by the peraon required to collect and remit at the rate of ten percent (10\) of the t~tal tax collected or imposed herein. ~. The Director of Finance shall have power to impose additional penalties upon persons required to collect and remit taxes under the provisions of this chapter for fraud or r..egliqence in reporting or remitting at the rate of ten percent (10•> of the amount of the tax collected or as recomputed by the Director of Finance. D. Every penalty imposed under the provisions of this section sball become a part of the tax required to be remitted. 2.1s.1so. &ecorda. It shall be the duty of every service supplier required to collect and reait to the City any tax imposed by this Chapter to keep and preser~e, for a period of three (3) years, all records as may be necessary to determine the amount of such tax 8. as such service supplier may have been required to collect and remit to the City, which records the Director of Finance shall have the right to inspect at all reasonable times. 2.35.160. Pailare to Pay Taz -Adainiatrative Aaredy. Whenever the Director of Finance determines that a service user has deliberately withheld the amount of the tax owed by him from the amounts remitted to a service supplier, or that a service user has failed to pay the amount of the tax for a period of four (4) or more billing periods, or whenever the Director of Finance deems it in the best interest of the City, he shall relieve the service supplier of the obligation to collect taxes due under this Chapter from certain named service users for specified billing periods. The Director of finance shall notify the service user that he has assumed responsibility to collect the taxes due for the stated periods and demand paym.~~t of such taxes. The notice shall be served on the service user by handing it to him personally or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the service user at the address to which the billing was made by the service supplier1 or, should the service UEer have changed bis address, to his last known address. If a service user fails to remit the tax to the Director of Finance within fifteen (15) days from the date of the service of the notice upon hill, which shall be the date of •ailing if service is nQt accoaplished in person, a penalty of twenty-five percent {251) of the amount of the tax set forth in the notice shall be imposed, but not less than $5. The penalty shall become part of the tax herein required to be paid. 2.35.170. Actioaa to collect. Any tax required to be paid by a service user under the provisions of this Chapter shall be a debt owed by the service user to the City. Any such tax collected from a service user which has not been remitted to ths Director of Finance shall be deemed a debt owed to tbe City by the person required to collect and re•it. Any person owing J10ney t.o the City under the provisions of this Chapter shall be liable to an action broU9ht in tile naae of the City for the recovery of such CIJl<>unt including applicable penalties and dttorneys fees. 2.J5.1IO. "dlliaiatrati.e lbllea, llegal.atloa.a and Agreemlulta. The City Manager shall have the authority to adopt rules and regulations not inconsistent with the provisions of this Chapter for the purpose of carrying out and enforcing the payment, collection and reaittance of any tax nerein iaposed, and the City Manager may also aake administrative agreementE to vary the strict requirements of this Chapter so that the collection of any tax imposed herein may be made in conformance with the billing procedures of a particular service supplier so long as the over-all results of such agreem~nts result in collection of the tax in conformance with the general purpose and scope of this Chapter. A copy of such rules and regulations and a copy of any such agree~ent shLll be on file and available for public exami~~cion in the Office of the City Clerk. Failure or refusal to comply with any such rules, regulatir,ns or agreements promulgated under this section shall be deemed a violation of this Chapter. 2.35.190. Refunds. A. Whenever the amount of any tax has bean overpaid or paid more than once or has been erroneously or fllegally collected or received by the Director of Finance under this Chapter, it may be refunded as provided in this section. B. A service supplier may claim a refund or take as credit against taxes c~11ected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received when it is ~stablished in a manner prescribed by the Director of Finance that the service user from whom the tax has been collected did not owe the taz1 provided however, that neither a refund nor a credit shall be allowed unless the aaount of the taz so collected has either been refunded to the service user or credited to charges subsequently payable by the service ~ser to the service supplier. C. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentencer clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. SECTION 2. Pursuant to Article VI, section 2 of the Charter of the city of Palo Alto, this Council submits to the electorate of the City of Palo Alto, the following question: 10. Cift OP PALO Al.to llBASDU --- Shall an ordinance be adopted changing the City of Palo Alt~'s appropriations li~it for each of four fiscal years beginning in fiscal year 1987/88 by increasing said appropriations limit by s.s million dollars to allow use of new and existing tax revenue sources in the City of Palo Alto? For the measure A.gainst the measure----- If the majority of the qualified electors voting on such measure shall vote in favor of the City of Palo Alto Measure it shall be deemed ratified and shall read as follows: ~~ ORDINANCE NO .. AN ORDINANCE OF THE PEOPLE O:...,F__,,,T..,.B"'""E___,,,C,....I ..... TY OF PALO AL'l'O CHANGING THE APPROPRIATIONS LIMIT FOR FISCAL YEARS 1987/1988 THROUGH 1990/1991 The People of the City of Palo Alto do ordain as follows; SECTION t. Chanle of Appropriation Limit. The appropr1at1ons limitor fiscal years 1987/1988 through 1990/1991 set pursuant to Article XIII B of the California Constitution is changed to the extent set forth in section 2 of this Ordinance. SECTION 2. Author~t to A ro riate Proceeds of Taxes in Fiscal Years 1987 988 throu h 1990 199 • The ity of Pa o to s appropr at.ions m t or J.scal years 19R7/1988 through 1990/1991 provided for in Article XIII B of the California Constitution shall be changed by increasing the appropriations limit as calculated without this ordinance authorization c•the 1987/1988 base amount•) by 5.5 million dollars to allow appropriation of new or increased proceeds of taxes. The sum resulting from addition of said 5.5 million dollars shall be the revised base aJIOUnt which revised base amount shall be used to calculate the appropriations limit for three subsequent fiscal years throuqh 1990/91 • SECTION 3. !n the event that the authorization approved by iliis ordinance is not extended or further changed by the voters, Palo Alto's appropriations limit in fiscal year 1991/1992 shall be the 1987/1988 base amount adjusted for changes in the cost of living and population in the interim fiscal years and thereafter as calculated in accordance with Article XIII B of the California Constitution. 11 • SECTION 3. Pursuant to Article VI, Section 2 of the Charter of the City of Palo Alto, the City Council submits the following Measure for an initiative action to the electorate: Cift OP PALO ALt'O llBASORB --- Shall an ordinance be adopted which makes the City of Palo Alto a •Nuclear weapon Free zone• by prohibiting nuclear weapons work within the City of Palo Al~o, requiring the City to refrain from making investments in and contracts with nuclear weapons contractors and establishing an Economic Conversion Commission to provide the City Council with information and recommendations on the implementation of the ordinance and requiring the posting of signs reading •Nuclear Weapon Free zone• at all City limit sign post locations and at City Hall? For the measure Against the measure ------ If a majorit~ of qualified electors voting on such measure shall vote in favor of City of Palo Alto Measure , it shall be deemed ratified and shall read as follows: NUC:~AR WEAPONS FREE PALO ALTO INITIATIVE The People of the City of Palo Alto do ORDAIN as follows: SECTION 1. NAME. This Ordinance shall be known as •The Nuclear Weapons Free Palo Alto Act.• SECTION 2. PURPOSE. The purpose of this Act is to make Palo Alto nuclear weapons-fre£; that is: a. To eliminate nuclear weapons work in Palo Alto. b. To minimi2e city contracts and investments in the nuclear weapons industry. c. To establish an Economic Conversion Co1111Bission. SECTION 3. FINDINGS. The people of Palo Alto find that: a. The people of Palo Alto clearly expressed their will through their City Council in the Nuclear Freeze Resoluti~n of 1982. This resolution supported a bilateral nuclear weapons freeze and expressed a moral and economic concern about the iss~es of nuclear weapons development. Passage of the ordinance herein described will reaffirm their belief that peace is a local issue. 12. b. The presence of a nuclear weapons industry in Palo Alto sets a poor example to our young people by condoning an industry which profits from activities which may ultimately lead to unprecedented death and dee.truction in this community and throughout the world. We will not remain silent while policies of global death and destruction are carried out in our name. c. The psycholoqical health 0f the people of the City of Palo Alto is undermined by the presence of a nuclear weapons industry whose sole purpose is the creation of instruments of death and destruction unparalleled in human history. d. Many workers in the nuclear weapons industry are in a moral and psychological dilemma between supporting nuclear weapons and keeping their jobs or opposing the weapons a~d possibly losing or eliminating their jobs. e. Funds, personnel and other resources comJPitted to nuclear weapons work lessens the ability to achieve the following in Palo Alto: {1) develop aore successful conunercial products which cculd coapete globally~ (2) provioe higher quality health care, education, environmental protection and clean up, food and shelter for the homeless, and services to the youth and elderly1 and (3) create more jobs per dollar because nuclear inve~t.ents provide significantly fewer jobs per dollar th~n other comaercial and industrial types of investments. f. The security requirements accompanyir.g the nuclear weapons industry threaten the ci~il liberties of the people of Palo Alto and restrict the freedom of inforaation necessary to make decisions concerning the future of the co!IRlunity. SECTION 4. DEFINITIONS. a. •person• means any corporation, f ira, partnership, association, individual, or other entity. b. "Nuclear weapon• means any device, the purpose of which is use as a weapon, a weapon prototype, or a weapon test device, the intended detonation of which results from the energy released by fission and/or fusion reactions involv1n9 atomic nuclei, including the means of propelling, guiding, or triggering the device 13. if the means is destroyed or rendered useless in the propelling, guiding, triggering or detonation of the device. c. •component of a nuclear weapon• is any device, radioactive or nonradioactive, including computer software, originally produced or manufactured for exclusive use as part of a nuclear weapon system whether to be placed on land, at sea, in the air, or in outer space. d. •Nuclear weapons work• means work in the design, development, production, deployment, launching, maintenance, or storage of nuclear weapons, components of nuclear weapons, or nuclear weapons delivery systems. e. •Nuclear weapons delivery system• is any device which, as its primary function, is designed to transport, guide, propel, trigger, or detonate the nuclear weapor. to or at its fina·L target. f. •Nuclear weapons contractor• is any person, corporation, or other business entity, which knowingly or intentionally is engaged in the design, aevelopment, production, deployment, launching, •aintenance, or storage of nuclear weapons or nuclear weapons components or nuclear weapons delivery systems. 9. •oirect activities of the federal government• are the actions of the federal governaent or of its aqencie~ but shall exclude the actions of independent contractors. SECTION 5. PROHIBITION OF NUCLEAR WEAPONS WORK. a. No person shall knowingly engage in nuclear weapons work within the City of Palo Alto. This ordinance shall becOlle effective upon the commencement of the 31st day after the day of its passage. Persons in violation of this ordinance on the effective date shall have four years to cease all nuclear weapons work and comply with the provisions of this ordinance. b. Persons ~o are n~t enga~ed in nuclear weapons work shall not commence any such activities within the City of Palo Alto after tbe effective date of this ordinance. EXCLUSIONS: Nothing in this ordinance shall be construed to prohibit: (1} any activity not specifically described in Prohibition Clauses Sa and Sb; 14. (2) basic research (educational, medical, agricultural, or industt·ial); (3) uses of radioactive materials for conswner products Auch as smoke detectors, light-emitting watche& and clocks, and other consumer products; and {4) activities of the Federal and State Government that are preempted by existing law. SECTION 6. CITY DIVESTMENT OF NUCLEAR WEAPON CONTRACTS ANO JNVESTMENTS. a. The City of Palo Alto shal: refrain from making any new investments in businesses that knowingly engages in work for nuclear weapons or the components of m.1clear weapons. b. The City of P~lo Alto shall grant no contract to any person or business which knowingly enqag~s in work for nuclear weapons, unless the City Council makes a specific dete1"lllination that no reasonable alternative exists, taking into consideration the following factors: {1) the intent and purpose of this Act; (2) the availability of alternative service&, goods and equipment, or other supplies substantially meeting required specifications of the proposed contract1 and {3) quantifiable additional costs resultin9 froa use of available alternative. c. Within fou·c years of the effective date of this ocdinance, the City of Palo Alto shall divest i~self of all existing and ongoing investments in and contracts with nuclear weapons contractors. SECTION 7. REDIRECTION OF RESOURCES. a. Within two months of the effective date of this ordinance, the City council of Palo Alto shall appoint a seven member Economi~ Conversion Commission whose aembers shall be volunteers. Commissioners cannot be City Council members, officers, employees of the City and they aust be residents of the City. b. The purpo&e of the Economic Conversion ~.,..ission shall be to provide the City Council with information and reC01111endations on the iaplementation 15. e e of this ordinance. This could include but is not 1 imited to: (1) Ider~ifyin9 City cont~acts and public fund in'llestment with nuclear weapo1, contractors, and determining in which cases any reasonable alternative contract or investment exists, in a manner consistent with prudent investment policy, and mindful of the intent and purpose of this ordinance. (2) Working with the City of Palo Alto, to assess the nature and extent of nuclear weapons work within Palo Alto and its economic and employment impacts. (3) Identifying the current and potential impacts of local nuclear weapons work and the potential impact of this ordinance upon the functioning of public agencies and districts se1:vi119 Palo Alto. (4) Developing mechanisms for assisting workers adversely impacted by the enactment of this ordinance. (5) Providing assistance on a voluntary basis and acting as resource Lor all companies within Palo Alto doing nuclear weapons work, helping to develop alternative non-nuclear plans for the use of their work forces and facilities. (6) Developing incentives for attracting to Palo Alto socially useful work that is not nuclear weapons work. (7) Soliciting public testimony and preparing an •Economic Conversion Plan• (ECP) to provide community strategics and guidelines for the conversion of nuclear weapons work and workers within Palo Alto to non-nuclear weapons activity, so that the conversion will be smooth and timely. (8) Issuing an annual report to the City couracil suggesting ways to implement this ordinance. (9) Meeting regularly to aid in the implementation of the ECP. c. Staff support for the conuaission shall be provided by the City of Palo Alto, SECTION 8. NUCLEAR WEAPON FREE ZONE SIGNS~ The City of Palo Alto shaiI place and maintain signs reading •Nuclear Weapon ~ree Zone• at all city limit sign post locations and ~t City Hall. The signs shall 16. conform with standards set by the State Traffic Control Devices Committee. SECTION 9. E~FORCEMENT. a. The City shall collect annually for the first four years of this ordinance trom every nuclear weapons contractor located within the city limits of Palo Alto, a statement that they are involved in nuclear ~eapons work and an approximate dollar amount of ~uch contracts. These statements shall be available for public ins~ection. b. Each violation of this ordinance shall be punishable by a fine not to ex=eed $500 or community service not to exceed si~ months, or both a fine and public service. Each f. >arate day during which al,y violation of his ordinahce occurs shall be deemed to constitute a separate offense, and upon conviction thereof, shall be punishable as herein provided. c. Any resident of Paio Alto is authorized to bring suit in A court of appropriate jurisdiction to enforce the provisions of this ordinance. A prevailing plaintiff shall be awarded court costs and actual attorney's fees. This remedy shall be in addition to any other remedy which may otherwise be available to the City 0r any resident thereof. SECTION 10. SEVERABILITY. If any section, subsection, paragraph, sentence, or word of this ordinance shall be held to be invalid, either on its face r~r as applien, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences or words of this ordinance and the application thereof; and to that end the sections, subsections, paragraphs, sentences, or words of this ordinance shall be deemed to be severable. SECTION 11. This ordinance shall become effective upon the commencement of the 31st day after the day of its passage. SECTION 4. Pursuant to Article VI, Section 2 of the Charter of the city of Palo Alto, the City Council submits the following measure for an initiative action to the electorate. Cift OP PALO AL'IO llBASUllE --- Shall an ordinance be adopted which controls gasoline powered leaf blowers by prohibiting the use of any gasoline poweree leaf blower that produces more than 70 decibels of noise at a distance of 25 feet and requires the owner of every such leaf blower to 17. obtain a written certification from the police department verifyin9 that the leaf blower does not exceed this noise level? 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 shall read as follows: LEAF BLOWER CONTROL The People of the City of Palo Alto do ORDAIN as follows: The Palo Al~o Municipal Code is hereby amended to add chapter 9.11 •Leaf Blcwer Control.• Section 9.11.010: A gasoline powered blower nsed to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces (commonly referred to as a leaf blower) may not be used if it produces more than 70 decibels (dBA) of noise as measured from a distance of 25 feet. section 9.11.020: No gasoline powered Dlower my be used unless it has been certified in writing by the Police Department. For a blower to be certified, the owner must demonstrate that it cannot produce noise more than 70 dBA as measured from a distance of 25 feet. Certified blowers that have been altered so that they can produce more than 70 dBA as measured from a distance of 25 feet shall not be used~ Section 9.11.0JO: Violations of this ordinance shall be punished as an infraction according to law, If any provision of this ordinance is he~d to be invalid, it will not invalidate any other provision of this ordinance. SECTION s. The Council of the City of Palo Alto 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 canvasF be made by any body or official authorized by law to canvass the returns of the election, except that in accordance with Article III, Section 4, of the Palo Alto Charter, the City Council mu~t meet and declare the results of said elections: and that this 0 :ity Council consents to such consolidation. SECTION 6. Pursuant to Section 22003 of the California Elections Code, the Council of the City of Palo Alto hereby 18. e 9 r~quests 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, 1987. The services shall be of the type normally performed by the Registrar 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 receiving absent voter ballots and opening and counting same, providing and distributing election supplies, and furnishing votomatic machines. Subject to approval of the Board of Supervisors of Santa Clara Coun;y of the foregoing request, the City Clerk is hereby authorized to engage the servic~s of the Registrar of Voters of the County of Santa Cla~a to aid in the conduct of said elections including canvassing the returns of said election. Further, the Director of Finance 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 tn submit a certified copy of this tesolution 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 measures to the electorate, including required publication and noticing. Further, the City Clerk is directed to forward a copy of this resolution to the City Attorney for preparation of an impartial analysis of the· above measures. SECTION a.. The coun<..{l finds that none of the provisions of this resolution will have a significant adverse environmental impact. INTRODUCED AND PASSED: July 13, 1987 AYES: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci, Sutorius NOES: None ABSTENTIONS: Woolley ABSENT: Renzel -19- • APPROVED AS TO FORM: ~<-2t d City Att.orne~ W-0 APPRl~VED: j -// ,..--; .:.--t:,:,, _.,....--~ __ .,.__,,,,.,,,,..._ ~-· .. Directo~ of Finance 20.