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HomeMy WebLinkAboutRESO 4209• 411 ORIGINAL 1 RESOLUTION NO. 4209 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUBMITTING TO THE ELECTORS OF THE CITY OF PALO ALTO AT THE 1969 GENERAL MUNICIPAL ELECTION AMENDMENTS TO THE CHARTER OF THE CITY OF PALO ALTO ON THE SUB- JECTS OF: SIGNATURE REQUIREMENTS FOR FRANCHISE ELECTIONS; COMPENSATION FOR COUNCILMEN; PURCHASING PROCEDURES; DESIGNATION OF CANDIDATES ON BALLOT; INITIATIVE AND REFERENDUM PROCEDURES; PARK DEDICA- TION; AND PROCEDURE FOR AMENDING THE CHARTER WHEREAS, the City Council, as provided in Section 8(h) of Article XI of the Constitution of the State of California, desires to submit to the electors at the 1969 general municipal election, on its own motion, proposed amendments to the Charter of the City AS of Palo Alto, NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The following proposition shall be submitted to the electors of the City of Palo Alto at the 1969 general municipal election to be held on May 13, 1969, to be designated Proposition 1: Proposition 1 Shall Section 15 of Article III of the Charter of the City of Palo Alto be amended to provide that the number of signatures on the petition by which an ordinance granting a franchise may be submitted to the electors shall be not less than twelve percent of the number of registered voters at the last general municipal election? For the amendment Against the amendment SECTION 2. If a majority of the qualified voters voting at said election shall vote in favor of Proposition 1, it shall be deemed ratified, and Section 15 of Article III of the Charter of the City of Palo Alto shall, upon approval by the Legislature of 1. emlle • • the State of California, be amended by substituting for the phrase "twenty percentum of the votes cast" the phrase "twelve percentum of the number of registered voters" so that said section shall read as follows: "Sec. 15. Franchises granted by electors; term. No franchise shall be granted -by the council, but may be granted by the electors by ordinances proposed and adopted as provided in Section 2 of Article VI of this charter; provided, that the petition therefor shall be sigred by qualified and regis- tered voters equal in number to at least twelve percentum of the number of registered voters at the last preceding general municipal election; and provided further, that no franchise shall be granted for a longer term then twenty-five years." SECTION 3. The following proposition shall be submitted to the electors of the City of Palo Alto at the 1969 general municipal election to be held on May 13, 1969, to be designated Proposition 2: Proposition 2 Shall Section 17 of Article ISI of the Charter of the City of Palo Alto be amended to provide that compensation may be paid councilmen in amounts not to exceed those provided by general law? For the amendment Against the amendment SECTION 4. If a majority of the qualified voters voting at said election shall vote in favor of Proposition 2, it shall be deemed ratified, and Section 17 of Article III of the Charter of the City of Palo Alto shall, upon approval by the Legislature of the State of California, be amended by inserting the word "other" between the words "any" and "office" in the first line thereof and by adding the following sentence at the end thereof: "Compensation may be paid councilmen in amounts not to exceed those provided by general law." so that said section shall read as follows: "Sec. 17. Sala of councilmen; councilmen barred from other city office. No m r o the counc s a o any other office or employment the compensation for which is paid out of the moneys of this City. No member of the council shall be elected or appointed to any city office for which • • compensation is paid until one year after the termination of his membership in the council, either by resignation or expiration of his term. Compensation may be paid councilmen in amounts not to exceed those provided by general law." SECTION 5. The following proposition shall be submitted to the electors of the City of Palo Alto at the 1969 general municipal election to be held on May 13, 1969, to be designated Proposition 3: Proposition 3 Shall subsection p. of Section 6 of Article IV of the Charter of the City of Palo Alto be amended to provide that no purchase shall be made without the approval of the city manager and city controller? For the amendment Against the amendment SECTION 6.. If a majority of the qualified voters voting at said election shall vote in favor of Proposition 3, it shall be deemed ratified, and subsection p. of Section 6 of Article IV of the Charter of the City of Palo Alto shall, upon approval by the Legislature of the State of California, be amended by deleting therefrom the following sentence: "All purchases shall be made by purchase order signed by the city manager and the controller." and substituting therefor the following sentence: "No purchase shall be made without the approval of the city manage-.: and city controller." so that said subsection shall read as follows: "p. To coordinate the purchasing for all departments of the City. No purchase shall be made without the approval of the city manager and city controller." SECTION 7. The following proposition shall be submitted to the electors of the City of Palo Alto at the 1969 general municipal election to br: held on May 13, 1969, to be designated Proposition 4: Proposition 4 Shall Section 2 of Article VI of the Charter of the City of Palo Alto be amended to incorporate in the initiative procedure the provisions found in general - 3 - • law for providing for notice and publication; to provide that the number of signatures required to compel the Council to submit an initiative measure to the electorate at the next general municipal election shall be not less than six percent of the number of registered voters at the last general municipal election (and to thus in- corporate by reference the same signature requirement in Section 3 of Article VI covering referendum petitions); and to provide that the number of signatures required to compel the Council to submit an initiative measure to the electorate at an election specially called for that purpose shall be not less than twelve percent of the number of registered voters at the last general municipal election? For the amendment Against the amendment SECTION 8. If a majority of the qualified voters voting at said election shall vote in favor of Proposition 4, it shall be deemed ratified, and Section 2 of Article VI of the Charter of the City of Palo Alto shall, upon approval of the Legislature of the State of California, be amended to read as follows: "Sec. 2. Initiative. Any proposed ordinance may be submitted to the council by a petition signed by qualified and registered electors of the city equal in number to the percentage hereinafter required. The petition shall set forth a copy of the proposed ordinance, and the signa- tures, verifice.tions, and duties of the clerk in respect to the petition provided in Section 1 of this Article for the recall shall apply to petitions of initiative. Before circulating an initiative petition the proponents shall publish a notice of intention so to do in conformance with the provisions of general law. "If the petition accompanying the proposed ordinance be signed by qualified and registered electors equal in number to six percentum of the number of registered voters at the last general municipal election the council must either pass such ordinance without alteration or submit the same to the electorate at the next genera' municipal election that shall occur at any time after thirty days from the date of the clerk's certificate of sufficiency. But if such petition is signed by qualified and registered electors equal in number to twelve percentum of said number of registered voters at the last general municipal election and contains a request that such ordinance be submitted to a vote of the people at a special election, then the counc?l must either pass the ordinance without alteration or submit the same to the electorate at a special election to be called within sixty days from the filing of such petition. "The ballots used when voting upon such proposed ordi- nance shall contain the words "For the Ordinance," and "Against the Ordinance" (stating the nature of the proposed ordinance). If a majority of the qualified electors voting - 4 - • 1 on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the City. The council may at such election submit any amendment thereto that it may deem proper, and the ballots used at such election shall contain the words "For -the Amendment," or "Against the Amendment," or ordi- nance (naming the ordinance), and also stating the nature of the proposed amendment. If a majority of the qualified electors voting on said proposed amendment shall vote in favor thereof,'such ordinance shall thereupon be deemed amended in accordance therewith. The council may also propose and submit any ordinance to the electors, and such ordinance, upon receiving a majority of the votes of the electors voting thereon, shall be deemed to have been adopted and shall be a valid and binding ordinance of the City. Any ordinance adopted by the electors under the provisions of this article cannot be repealed or amended, except by a vote of the people obtained in the manner here- inbefore stated, unless such ordinance shall otherwise provide. "Any numbar of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section; provided, that there shall not be held under this section of the charter more than one special election in any period of twelve months." SECTION 9. The following proposition shall be submitted to the electors of the City of Palo Alto at the 1969 general municipal election to be held on May 13, 1969, to be designated Proposition 5: Proposition 5 Shall Section 3 of Article VII of the Charter of the City of Palo Alto be amended to provide that the order of listing of names of candidates on the ballot shall be determined by lot and to provide that the only designation associated with the name of a candidate on the ballot shall be the designation "incumbent" where such is the fact? For the amendment Against the amendment SECTION 10. If a majority of the qualified voters voting at said election shall vote in favor of Proposition 5, it shall be deemed ratified. and Section 3 of Article VII of the Charter of the City ofralo Alto shall, upon approval by the Legislature of the State of California, be amended by adding the following language at the end thereof: 5 . ., except that an incumbent shall be so designated. The order of listing of candidates' names on the ballot shall be determined by lot." so that said section shall read as follows: "Sec. 3. Candidates designation. No ballot used at any municipal election shall contain any reference to a political party, and no designation or symbol shall be placed in connection with the name of any candidate, except that an incumbent shall be so designated. The order of listing of candidates' names on the ballot shall be determined by lot." SECTION 11. The following proposition shall he submitted to the electors of the City of Palo Alto at the 1969 general municipal • election to be held on May 13, 1969, to be designated Proposition 6: Proposition 6 Shall Article VIII (relating to lands used for park and conservation purposes) of the Charter of the City of Palo Alto be amended to restate the substance of existing Article VIII in language substantially as proposed by the Charter Review Committee of 1968? For the amendment Against the amendment SECTION 12. If a majority of the qualified voters voting at said election shall vote in favor of Proposition 6, it shall be deemed ratified, and Article VIII of the Charter of the City of Palo Alto, upon approval by the Legislature of the State of California, shall be amended to read as follows: "ARTICLE VIII. PARKS "All lands owned or controlled by the city which are or will be used for park, playground, recreation or conserva- tion purposes shall be dedicated for such purposes by ordinance. "No land heretofore or hereafter dedicated for such purposes shall be sold or otherwise disposed of, nor shall its use be abandoned or discontinued except pursuant to majority vote of the electorate. Any election and related procedures under Article VIII shall conform to the provisions set forth in general law as it existed January 1, 1965, except that the council may call such election by majority vote. "No substantial building, construction, reconstruction or development upon or with respect to any lands so dedicated shall be made except pursuant to ordinance subject to referendum." • SECTION 13. The following proposition shall be submitted to the electors of the City of Palo Alto at the 1969 general municipal election to be held on May 13, 1969, to be designated Proposition 7: Proposition 7 Shall subsection (b) of Section 2 of Article VIII -A (Board of Education) of the Charter of the City of Palo Alto be amended to provide that the recall of members of the Board of Education shall be governed by the Education Code of the State of California? For the amendment Against the amendment SECTION 14. If a majority of the qualified voters voting at said election shall vote in favor of Proposition 7, it shall be deemed ratified, and subsection (b) of Section 2 of Article VIII -A of the Charter of the City of Palo Alto shall, upon approval by the Legislature of the State of California, be amended by inserting the words "and recall" between the words "election" and "of" in the first line thereof so that said subsection shall read as follows: "(b) Time of election. The election and recall of members of the Board of Education shall be held at the times and in the manner provided by the Education Code of the State of California; provided, however, in the year 1951 five members shall be elected and the members so elected shall classify themselves by lot so that the terms of the members shall expire, respectively, one, two, three, four and five years after the first day of July, 1951." SECTION 15. The following proposition shall be submitted to the electors of the City of Palo Alto at the 1969 general municipal election to be held on May 13, 1969, to be designated Proposition 8: Proposition 8 Shall Section 1 of Article IX (relating to amendment of t},e Charter) of the Charter of the City of Palo Alto be amended by deleting therefrom all references to the form of petition set forth else- where in the Charter so that thenceforth the • • Constitution of the State of California alone shall govern the procedure for amendment of the Charter? For the amendment Against the amendment SECTION 16. If a majority of the qualified voters voting at said election shall vote in favor of Proposition 8, it shall be deemed ratified, and Section 1 of Article IX of the Charter of the City of Palo Alto shall, upon approval by the Legislature of the State of California, be amended by deleting therefrom the following sentence: "Unless otherwise provided by said constitution, petitions for such amendments shall be made, presented, examined, and certified to in the manner and form required for petitions in Section 1 of Article VI of this charter." so that said section shall read as follows: "Sec. 1. Compliance with Constitution. This charter may be amended oncompliance with the provisions of the Constitution of the State of California." SECTION 17. The City clerk is hereby directed to cause said proposed charter amendments to be published once in the PALO ALTO TIMES, a newspaper of general circulation within the City of Palo Alto, and all editions thereof during the day of publication. Said advertising iii said newspaper shall be completed not less than forty :+nr more than sixty days prior to the date fixed for said election. - The City Clerk is hereby directed to cause copies of said charter amendments to be printed in convenient pamphlet form and in type of not less than 10 point and to cause copies thereof to be mailed to each of the qualified electors of the City of Palo Alto, and she shall, until the day fixed for the election upon such charter amendments, advertise in the PALO ALTO TIMES, a newspaper of general circulation in said city, a notice that said copies thereof may be had upon application therefor. Mai 8 • The City Clerk shall ►publish all such other notices and do all such other things as may be required to submit such propositions to said electors at said election. INTRODUCED AND PASSED: February 17, 1969. AYES: Arnold, Beahrs, Clark, Comstock, Dias, Gallagher, Gullixson, Pearson, Wheatley. NOES: None. ABSENT: Berwald, Spaeth. ATTEST: Mayor City 9erk APPROVED AS TO FORM: ty Attorney APPROVED: