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HomeMy WebLinkAboutRESO 6409-ARIGINAL RBSOLU'l'IOl1 NO. 6 4 0 9 RBSOLDTI.Oll OP TBB COUllCIL OF TBB CITY OP PALO ALTO CALLING ITS GBllBBAL llUlflCIPAJ... ELBC'l'IOll OF COUllCIL llBllBBRS, CALLillG A SPBCIAL BLBCTIOll FOR SOBJII'l"'!'AL OP CBRl'AXR llBASORBS AID> All ADVISORY JlBASORB TO TSE BLBC'IORATB, RBQOBSTillG TBB SBRVICBS OF TBB REGISTRAR OP VOTBRS, MD ORDBRillG TBB CORSOLIDATIOl1 OP SAID BLBCTIOll 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 5, 1985; and WHEREAS, pursuant to Article VI, Section 2, of the Charter which empowers this Council to propose and submit ordinances to the electors, the Council desires to place a question of a land exchange before the electors; and WHEREAS, this Council has Article VIII of the Charter of Code sections 38440 et seq. and determine whether a portion of should be discontinued; and held a hearing in accordance with the City of Palo Al to and Government determined that the electorate should the dedicated Municipal Golf Course WHEREAS, an initiative petition re9ardin9 the Yacht Harbor has been presented to the Council in accordance with the requirements of Article VI, Section 2, of the Palo Alto Charter and this Council has concluded that it wishes to submit said initiative to the electorate of the City of Palo Alto for consideration; and WHEREAS, pursuant to the authority of the Charter of the City of Palo Alto and the Elections Code of the State of California, the council desires to place before the electorate an advisory measure regarding permanent route blockages; and WHEREAS, a general municipal election is scheduled to be held in the City of Palo Alto on the 5th day of November, 1985; and WHEREAS, elections are scheduled to be held on November 5, 1985, in all school districts and ce!rtain special districts in Santa Clara County; and WHEREAS, pursuant to Education Code Section 5342 and Part 2.5 of Division 14 of the Elections Code, commencing at Section 23300, such elections may be partially or completely consolidated: NOW, THEREFORE, the Council of tte City of Palo Alto does RESOLVE as follows: SBCTIC:. 1. A General Municipal Election is hereby called for the City of Palo Alto to be held on Tuesday, November 5, 1985, for the pur- pose of electing five (5) council members for full terms (four years) and a Special Election is hereby called to be consolidated with said General Municipal Election on November 5, 1985, for the purpose of sub- mitting the below-designated measures to the electorate. The City Clerk is directed to do all things required by law to effectuate such General Municipal and Special Elections. -... SBCTIOll 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: CITY OF PALO ALTO 11.EASURB A Shall an ordinance be enacted which authorizes the City Council to attempt to secure and to take all reasonable, nec- essary, and appropriate action permitted by law to negotiate the exohange of a portion of the Palo Alto Municipal Golf Course at the northeast corner of Geng and Embarcadero Roads not to exceed 3.74 acres for certain privately-owned parcels located at addresses commonly known as 3005 and 3009 Middle- field Road, Palo Alto, California (consisting of Assessor's Parcel numbers 127-53-11, 127-53-12, 127-53-13, and 127-53-15), on which the Winter Lodge Ice Skating Facility and Chuck Thompson S1"im and Tennis Club are located, pro- vided: ( 1 ) that a majority of electors vote in favor of Measure B on this ballot authorizing discontinuance of the park usefor the Geng Road parcel; ( 2) the Winter Lodge Facility shall continue to be used for community ice skating so long as no City subsidy is required for its continuance other than the use of the Middlefield Road site or appro- priat~ assistance in securing and making available an alter- nate site and facility; (3) any exchange agreement shall require that the normal City development processes shall be followed with respect to private development of the Geng Road parcel, including, but not limited to, Comprehensive Plan amendment, zoning, subdivision regulations, site and design review, and environmental review under the California Envi- ronmental Quality Act1 (4) in any exchange agreed to by City, no more than that portion of the 3. 74 acre Geng Road parcel which is equivalent in value to the Middle£ ield Road site shall be included: ( 5) an actual exchange is finally com- pleted no later than May 1, 1987; (6) if the terms of an exchange are not agreed upon, the City of Palo Alto shall not be legally obligated to acquire the Middlefield Road site for any consideration other than an exchange? For the Measure ~gainst the Measure --- If a majority cf 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: ORDJ:llMCB llO. 0.RDJ:llUCB OP TBB PBOPLB OP ftE CITY OP PALO AL'IO ADTllORIIIllG nlB CITY COUllCIL 'l'O BBGOTIATB All ace1u1c;g OP A POR'l'IOll OP Cift PAU.LAllD AT THE GOLP COURSE POR JiBAL PROP&m OB IUDDLBPIBLD ROAD coaTAIBillG 'NB WlllTBJt LODGB ICE SDTillG FACILITY WHEREAS, it is desired that the electorate vote on the question of whether to negotiate the exchange .>f a certain -2- -... portion of dedicated City parkland at the Golf Course which is at the northeast corner of Geng Road and Embarcadero Road, which portion shall not exceed 3.74 acres, for certain pri- vately-owned parcels located at and adjacent to addresses commonly known as 3005 and 3009 Middlefield Road consisting of Assessor's Parcel Numbers 127-53-11, 127-53-12, 127-53-13, and 127-53-15 and containing the Winter Lodge Ice Skating Facility and the Chuck Thompson Swim and Tennis Club~ and WHEREAS, the purposes of said exchange would be (1) to acquire the Middlefield Road property as a site for community ice skating and other appropriate uses: and ( 2) to provide adequate planning for the ultimate development of that site in order to determine the most appropriate long term use of the site; and (3) allow the continued use of the Winter Lodge Ice Skating Facility provided that said facility is not subsidized by City funds or the use of City staff other than using the City site; and WHEREAS, the Council will not proceed to negotiate an exchange for said parkland unless a majority of the electors vote in favor of a measure to remove said Geng Road pa-reel from park dedication at the November 5, 1985r election; NOW, TBE.REFORE, the People of the City of Palo Alto do ORDAIN as foilows; SBCTJ:OB 1. The City Council shall attempt to secure and snail itself take all necessary, reasonable, and appro- priate action permitted by law to negotiate an exchange of a portion of the land known as the Municipal Golf Course at the northeast corner of Geng Road and Embarcadero Road, not to exceed 3.74 acres ~or Assessor's Parcel Numbers 127-53-11, 127-53-12, 127-53-13, and 127-53-15, located and adjacent to addresses commonly known as 3005 and 3009 Middlefield Road, Palo Alto, Califorfiia, on which the Winter Lodge Ice Skating Facility •nd Chuck Thompson Swim and Tennis Club are located, provided: 1. The electors approve discontinuance of the use of said land for park use at the November 5, 1985, election; and 2. The Winter Lodge Facility shall continue to be used for community ice skating so long as any existing or future facility requires no subsidy of City funds or staff support fot operating, capital, maintenance, repair, or rehabilitation costs or expenses, other than use of the Middlefield Road site or appropriate assistance in securing and making available an alternate site and facility; and -3- -•• 3. Any exchange agreement shall require that the nor- mal City development processes shall be followed with respect to private development of the Geng Road parcel, inclucting, but uot limited to, Compre- hensive Plan amendment, zoning, subdivision regula- ticns, site and cesign review, and environmental review under the California Environmental Quality Act; and 4. In any exchange agreed to by City, no more than that portion of the 3. 74 acre Geng Road parcel which is equivalent in value to the Middle£ ield Road site shall be included; and S. An actual exchange is finally completed no later than M~y 1, 1987. 6. If the terms of an exchange are not agreed upon, nothing in this ordinance shall be interpreted to legally obligate the City of Palo Alto to acquire the Middlefield Road site for any consideration other than an exchange. SBCTIOll 3. Pursuant to Article VIII of the Charter of the City of Palo Alto and Government Code Sections 38440 et seq., this Council submits to the electorate of the City of Palo Al to the following question: B Shall the northeasterly 3.74 acres of tne Municipal Golf Course at the corner of Geng and Embarcadero Roads be discon- tinued for park use in order to allow it to be possibly de- veloped for off ice use and be exchanged for 3. 7 4 acres of real property located on Middlefield Road containing ice skating and other recreational facilities provided ( 1) the discontinuance will not be effective unless a majority of the electorate also votes in favor of Measure A on this ballot which authorizes the City Council to attempt to negotiate exchange of the Geng Road parcel for the Middlefield Road site; (2) no more than that portion of the 3.74 acre Geng Road parcel which is equivalent in value to the Middlefield Road site shall be included in any exchange and any excess snall be rededicated to park use forthwith; (3) any exchange agreement shall require that the normal City development pro- cesses shall be followed with respect to private development of the Geng Road parcel, including, but not limited to, Com- prehensive Plan amendment, zoning, subdivision regulations, site and design review, and environmental review under the California Environmental Quality Act; (4) City shall reserve easements for the existin9 bicycle path and sanitary sewer; -4- -•• and (5) if exchange is not finally completed on or before May 1, 1987, the entire 3.74 acres shall be rededicated to park use forthwith? For the Measure Again£t the Measure --- If a majority of the qualified vote~s voting vote in favor of City of Palo Alto Measure , it shall be deemed ratified and the City Coun- cil shall be authorized according to its provisions to discontinue park use on the northeasterly 3.74 acres of the Municipal Golf Course which is more particularly described in Resolution No. 6387 and shown on the following map: -5- NO. 10 GREEN ,., .•• ' i.o------ ' . I N COURSE PARCEL t 3. 740 AC. ::t RANGE ~ . -•• SBCTim 4. Pursuant to Article VI, Section 2, of the Charter of the City ol Palo Alto, the City Council submits the following Mea- sure for an initiative action to the electorate: CITY OP PALO ALTO llBASURB C - Shall an ordinance be enacted which (1) amends subpara- grapn P.2 of "adopted recommendations" of th~ Baylands Master Plan (Summary Report) dealing with the Yacht Harbor Area Forecast Plan as incorporated into the Palo Al to Comprehen- sive Plan to provide that the established Harbor boating areas and facilities shall be maintained on a user-supported basis in order to preserve recreational access to the Bay and that all reasonable actions necessary to accomplish thi; shall be permitted1 and (2) amends all applicable sections of the Palo Alto Comprehensive Plan and the Baylands Master Plan to be consistent with the continued maintenance of the Harbor as set forth in (1) above? For the Measure Against the Mtasure --- If a majority of qualified voters voting on such Measurie shall vote in f~vor of City of Palo Alto Measure , it shall be deemed rati- fied and shall read as follows: ~ OBDIJIAllCB OP ftB CITY OF PALO ALTO AllBllDillG TllB PALO ALflO COllPRBBDSIVE PI.All AllD BSTABLISBD1G POLICY POR HE CO.TIJIOBD MillTBllAllCB OP TllB PALO ALTO llAJIBOR The People of the City of Palo Alto do decree as fol- lows: SBCTIOB 1. The Baylands Master Plan (Summary Report) incorporated in the Palo Alto Comprehensive Plan is amended so that S~bparagraph P.2. of the section entitled "adopted recommendations• dealing with the Yacht Harbor Area Forecast Plan reads in its entirety as follows: 2. Forecast Plan The established Harbor boating areas and facilities shall be maintained on a user-supported basis in order to preserve recreational access to the .Bay. All reasonable actions necessary to accomplish this shall be permitted. Furthermore, all sections of the Palo Alto Comprehensive Plan and Baylands Master Plan, to the extent applicable, are amended to be cons is tent with the continued maintenance of the Harbor as set forth in the foregoing Yacht Harbor Area Forecast Plan. -7- -•• SBCTIOll 5. Pursuant to the authority of the Charter of the City of Palo Alto and the Elections Code of the State of California, the City Council submits the following proposal to the electorate: Clft or PALO ALTO ll&ASORB D Adv1.soey vote on1x •should the Council of the City of Palo Alto be advised to adopt an ordinance which would require removal and pro- hibit installation of any permanent or extended duration bar- rier, island, curb or other roadway design feature including a center divider which impedes otherwise normal access to a cross street used to physically block passe.ge of vehicular traffic in one or more directions on any street or between adjoining streets {route blockage) unless: (1} two non-city traffic en9ineering authorities determine that said route blockage is needed at a specific location in order to allevi- ate a specific permanent traffic safety hazard within 500 feet of that location which hazard cannot be otherwise miti- gated and (2) the City Council by resolution unanimously approves said route blockage?• For the Advisory Measure Against the Advisory Measure --- If a majority of electors voting on such advisory measure vote in favor of it, the City Council is advised that the general voter opinion is in favor of an ordinance reading as follows: .Advisory Vote Only We the People of the City of Palo Alto do advise our City Council to adopt the following Ordinance for the follow- ing reasons: All citizens licensed to operate vehicles, motorized or not, have the right to free, safe and unobstru~ted use of all public streets in Palo Alto in accordance with the laws governing such use. This unobstructed use is presently prevented by the installation of barriers or other blocking roadway features. For reasons of: (1) Public safety, including free access to medical facilities, emergency evacuation and unrestricted mobility of emergency fire and police vehicles and ambulances, (2) Maintenance of good air quality through limiting vehicle emissions by preventing traffic congestion, -8- -•• (3) Energy conservation from direct routing of repeti- tious local traffic, (4) Nondiscriminatory use of general-tax-maintained streets, and (5) Neighborhood harmony, city unity, stability of local businesses and equity in City services, it is found necessary to prohibit future installation of any such blockading roadway structures and to remove those which now exist -with the exception only of those structures fo~nd to be necessary to mitigate unusual traffic conditions which cannot be satisfactorily corrected by other means1 WHEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: Sections: 10 .. 11.010 10.11.020 10.11.030 10.11.040 10.11.010 llDllICIPAL CODB Chapter 10.11 PBRllAllBllT ROOTB BLOCKAGES Definitions Prohibition and exceptions Removal of existing blockages Enforcement Definitions .. (a) A ~route-blocking (roadway design) feature• is any barrier, island, curb or other roadway design feature used to physically block passage of vehicular traffic in one or more directions on any street or between adjoining streets. A section of a street center divider which impedes otherwise normal access of a cross street constitutes a route-blocking feature, whereas an intrablock portion of a center divider does not. (b) A •cpublic) route blockage• is the removal of otherwise normal vehicular traffic flow on any street or between any adjacent streets in either or both directions at one or more points by means of one or more route-blocking features. (c) •permanent rou~e blockages• and •extended-period route blockages• together ~o~3titute all route blockages not included in the definition of •temporary street closures• defined under Section 10.10.010. Route blockages made for street, utilities or landscaping operations or for construc- tion which remain beyond the period of such activity consti- tute •extended-period route blockages.• Blockages for any other purpose beyond 72 hours constitute same. -9- . . .. -•• 10.11.020 Probibiti~ and eaceptiona. No person, agent of the City of Palo Alto, or any other authority shall effect a permanent or extended-period route blockage in the City of Palo Alto except und~r the following conditions: (a) In order to permanently close a street to all vehicular trafCic. (b) Such blockage is needed at a specific location in order t~ alleviate a specific permanent traffic safety hazard within 500 feet of the location, which hazard cannot be sat- isfactorily mitigated by traffic control devices oc other measures. This need must be professionally esta~lished by at least two non-city traffic engineering authorities and such blockage invoked by resolution on a unanimous vote of the City Council. 10.11.030 B.e90•al of ezisting route-blocking fea- tures. The Director of Transportation is directed to re- move all existing route-blocking features which would not have been covered by the exceptions listed under Section 10.11.020 above within ninety days o! the effective date of this ordinance and all affected streets shall be subsequently signed and marked appropriately for all resultant conditions of traffic. 10.11.040 Bnforceaent. Any person residing in the City of Palo Alto may enjoin violations to or compel compli- ance with the provision~ of this ordinance. The court may award to such plaintiff or petitioner who prevails his costs of litigation, including attorney's fees. SBCTimt 6. The Council of the City of Palo Alto requests the Governing Body of any such other political subdivison, or any officers otherwise authorized by law, to partially or completely consolidate such elections and to further provide chat 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 elections1 and that this City Council consents to such consoli- dation. S~£iClt. 7. Pursuant to Section 22003 of the California Elections Code,-the Council of the City of Palo Alto hereby requests the Board of Supervisors of Sant~ 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 ana Special Elections which are called to be held on Tuesday, November s, 1985. 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 lirnited to, checking registrations, mailing ballots, hiring election officers and arranging for polling -10- -.. 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 including canvassing the returns of said election. Further, the Director of Finance is autho- rized and directed to pay the cost of said serv!ces provided that no payment shall be made for services which the Registrar of VotE:rs 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. SBCTI<* 8. The City Clerk is directed to do all ttings requested by law to present such measures 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 impartial analysis o~ the above measures. SBCTIOB 9. The Council finds that none of the provisions of this resolution will have a significant adverse environmental impact. INTRODUCED AND PASSED: July, 8, 1985 AYES: Bechtel, Cobb, Fletcher, Klein, Levy, Sutorius, Renzel, Woolley NOES: None A~STENTIONS: None ABSENT: Witherspoon APPR D AS TO .FORM: ~'""1 L ~. ~ _.. Cti Attorney -11-