HomeMy WebLinkAboutRESO 7997RESOLUTION NO. 7997
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO CALLING A SPECIAL ELECTION FOR TUESDAY,
NOVEMBER 7, 2000, FOR SUBMITTAL OF A PROPOSED
CHARTER AMENDMENT MEASURE TO THE ELECTORATE AND
ORDERING THE CONSOLIDATION OF THE ELECTION
WHEREAS, Article IX, Section 1 of the Charter of the City
of Palo Alto empowers the City Council to propose and submit
Charter amendments to the electors; and
WHEREAS, Article III, Section 22 of the Charter requires
that City boards and commissions be "advisory only' so that boards
and commissions cannot exercise final governmental decision making
power; and
WHEREAS, the Governance section of the City's
Comprehensive Plan establishes Program G-1 to direct the City
Council to "Initiate a charter amendment for the ballot that
would delegate specific final decision-making authority to the
Planning Commission;" and
WHEREAS, in 1962, a Palo Alto citizen initiative resulted
in the enactment of Initiative Ordinance No. 2090 to establish a
binding City Comprehensive Plan; however, the same initiative
adopted the 1953 State Planning and Zoning Law; and
WHEREAS, the 1962 initiative has the effect of locking in
the 1953 law and preventing the City Council from updating and
modernizing the City's p~anning and zoning laws without voter
approval; and
WHEREAS, the City Council wishes to propose a Charter
amendment to implement the Comprehensive Plan of the City of Palo
Alto and to seek voter approval to facilitate modernization and
updating of the City's zoning and planning laws; and
WHEREAS, the proposed Charter amendment would permit the
City Council to delegate final decision making authority to the
Planning and Transportation Commission on certain matters to be
specified by ordinance; and
WHEREAS, the proposed Charter amendment would permit the
City Council to amend the 1962 initiative as needed to update and
improve the City's planning and zoning; and
. WHEREAS, elections are scheduled to be held on November
7, 2000, in certain school districts and certain spec~al districts
in Santa Clara County; and
WHEREAS, pursuant to Education Code Section 5342 and Part
3 of Division 10 of the Elections Code, commencing at Section
10400, such elections may be partially or completely consolidated;
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NOW, THEREFORE, the Council of the City of Palo Alto does
RESOLVE as follows:
SECTION 1. Pursuant to Article IX, Section 1 of the
Charter of the City of Palo Alto, this Council submits to the
electorate of the City of Palo Alto the following proposed Charter
amendment:
CITY OF PALO ALTO MEASURE
Shall Article III, Section 22 of the Charter of
the City of Palo Alto be amended to permit the
City Council to implement the City's
Comprehensive Plan by granting the Planning and
Transportation Commission final decision making
authority on specified matters; and to permit the
City Council to update the City's planning and
zoning laws by amending or repealing Initiative
Ordinance No. 2090, which was effective July 23,
1962?
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 upon filing with the
Secretary of State, be amended to read as follows: (The
provisions of the Charter proposed to be deleted are printed as
strikeout type and the provisions proposed to be added are
underscored.)
referees
Sec . 2 2 . Boardl~s~~a~n~d~~C~o~mm~i~s~s~l~· o~nugs----:-€orffc-:-~c~o~m=a:.p~e-fln:t:s~ar1:t;-:i~o:ffin
Cable television board Other boards advisory only.
The council may by ordinance create any board,
commission, and committee it deems appropriate to exercise or
implement the powers and duties of the city. appoint a board of
compensation referees to act upon all claims against the city
arising under the '.vorkmen' s compensation provisions of the Labor
Code of the State of California. The council m~y also appoint an
independent board or boards for cable television matters. The
council may by ordinance grant the planning and transportatiOn
commission, or any successor commission performing the same
functions, final decision making authority on specific decisions
and actions. 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. The council may by ordinance amend or
repeal Initiative Ordinance No. 2090, which was effective· July
23, 1962, so that the city planning and zoning procedures adopted
in 1962 may be· improved and updated in light of changed state
law.
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SECTION 2. 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 canvass
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 must
meet and declare the results of said elections; and that this City
Council consents to such consolidation.
SECTION 3. Pursuant to Section 10002 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 Special Election which
is called to be held on Tuesday, November 7, 2000.
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, hi~ing 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 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
including canvassing the returns of said election. Further, the
Director of Administrative Services 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 4. 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.
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SECTION 5. The Council finds that this resolution does
not constitute a project subject to the California Environmental
Quality Act.
INTRODUCED AND PASSED: August 7, 2000
AYES: BEECHAM, EAKINS, FAZZINO, KLEINBERG, KNISS, LYTLE, MOSSAR,
OJAKIAN
NOES:
ABSTENTIONS:
ABSENT: BURCH
AL'
City Clerk~ ~
APPROVED AS TO FORM:
~{,A)_.~~
./);1., 1\1~7: City Attorney
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Director
Services