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HomeMy WebLinkAboutRESO 3810RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO 8UEMITTING TO THE ELECTORS OF THE CITY OF PALO ALTO AT A GENERAL MUNICIPAL ELECTION TO 8E HELD ON MAY 11, 1965, TWO PROPOSED AMENDMENTS TO THE CARTER OF THE CITY OF PALO ALTO WHEREAS, on March 15, 1965, petitions for the submission of two amendments to the Charter of the City of Palo Alto were filed with the legislative body of the City; and WHEREAS, the signatures on such petitions have been verified by the authority having charge of the rekietration records of the City::4 Palo Alto; and WHEREAS, it hae been determined that said petitions have been signed by fifteen percent (15X) of the registered electors of the City of Palo Alto as defined in Section 8(k) of Article XI of the Constitution of the State of California; and WHEREAS, Section 8(h) of Article XI of the Constitution of the State of California provides that when a petition signed by fifteen percent (15X)of the registered electors has been submitted to the legislative body, the legislative body shall submit the amendments to the electors; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTI9N 1. The following propositions shall De submitted to the electors of the City of Palo Alto at the general municipal election to be held on Tuesday, May 11, 1965: r_. 0 PROPOSITION 1 Shall Section 2 of. Article II/ of theCha4rter. of the City of Palo. Alto bs,amended to: reed as Mime: Sec. 2. Commencing July 1, 1971, said Council shall be composed of nine, members, *Ask of Vim shall have been:. An elector in the City id! Palo Alto for at least three years next precedi bty elec- tion. The members of said Council shAZI be known as councilmen end their tem of office shall be four years, commencing on the first day of July next succeeding their -election. The members of the Council at the tins this section takes effect shall continue in office until the expiration of their respective original terms. The firm of office of each member of the Council elected at the general municipal election of May, 1967, and thereafter, shall be four years. Three members of the Council shall be elected at the general municipal election of May, 1967. Five members of the Council shall be elected in the general municipal election of May, 1969, and a like number shall be elected every fourth year thereafter. Four members of the Council shall be elected:at the general municipal election of May, 1971, and alike number shall be elected every fourth year thereafter. PROPOSITION 2 Shall the following.Arti'cle VIII be.added to the Charter of the City of Palo Alto ARTICLE VIII PARRS ' Sec I. The purpose of'this Article is to provide for the preservation of City'brads v ich are used or intended. to be used for park, playground, recreation or . conservation purpoees, and to provide the electorate an op.portmait ,to pass 'Won propoeals. to discontinue or change such actual or intended uses or to improve such lands.. this,Arttcle:.ebali be liberally construed to sffectuate.itw'purpo«ee. -2- • 0 Sec. 2. The word "park" as used in this Article and in the general /awe hereinafter referred to, shall in every case be held to mean and include park, play- ground, recreation and conservation 1dnca and uses. Sec. 3. Lands owned or controlled by the City which are used or intended to be used for part: purposes shall be sold, leased or otherwise disposed of, or their use abandoned or discontinued only in accordance with the provisions of this Article. The general; laws of the State of California authorizing municipal corporations to abandon or discontinue the use of lands dedicated or placed in use for park purposes, authorizing the sale dispositioh of such lands, and prgviding,procedures therefor and for matters relatingthereto (Government Code Art.2, Ch. 9, Part 2, Div. 3, Title 4, commencing at Section 38440, as said Article existed on January 1, 1965)) shall be applicable to the City of Palo Alto end to alb, lands, owned used or held by it for park purposes, s; and said law shall govern and control exclusively in respect thereto; provided, that nothing herein shall be construed to authorize the discontinuance or abandonment of the use of such lands, or any change in the use thereof which will cause the reversion of such lends to private ownership, or cause the forfeiture of the ownership thereof in fee by the City, or as authorising any otherwise prohibited discontinuance of the use of park lands acquired in any proceeding wherein a local assessment based on benefits was or shall be levied to provide funds for such acquisition. Sec. 4. Within three months after the effective date of this Article the council shall by ordinance prepare a list netting forth in separately numbered sections the common name or other designation and the legal description of each site, parcel or area of land owned or controlled by the City which is used or intended to be used for park purposes. Each section shall be accompanied by a map or plat of the land described, and said ordinance shall contain a statement that the lands listed thereon are reserved for park, playground recreation or conservation purposes pursuant to this Article. Said list shall include, but not necessarily be limited to, the areas commonly known as Foothills Park Byxbee Park and the City -owned baylands El Camino Park, Municipal Golf Course, Palo Alto Lawn Bowling Green, Palo Alto Yacht Harbor, Rinconada Park, Mitchell Park, Eleanor Park, Hoover Park Mayfield .Park, Meadow Park, Peers Park, Amarillo Park Stockton Park, Berkeley Park, Bowden Park, Cogswell Plaza, Eaton Park, Hampton Park and Hollywood Park. From and after the effective date of said ordinance all the lands listed thereon shall be conclusively presumed to be held for use for park purposes and to be subject to the provisions of this Article. M additional lands are acquired or held by the City for park purposes, they shell likewise by ordinance and without delay, be added to said lief and subject to the provisions of this Article. Any such ordinance may be proposed pur- suant to the initiative provisions of Article VI, Section 2. -3- a 0 Sec. 5. Before any substantial building, construc- tion, reconstruction or development ie commenced or approved upon or with respect to any land hold by the City for park purposes the council shalt first cause to be prepared and by ordinance eppreeve and adopt a plan therefor. The plan shall be prepared in such a manner and with sufficient detail and particularity to show, es applicable, the nature, function, size, extent and general appearance of the proposed project. Any change in the plan shall be prepared in the same manner and adopted by ordinance. Sec. 6. Every lease, license or permit or renewal thereof granted by the City with respect to land which is hold for perk purposes henceforth shall contain a provision requiring the lessee, licensee or permittee, prior to the commencement of any substantial building, construction, reconstruction or development thereon, to submit to the council a plan for its approval and adoption in the manner prescribed in Section 5. To the extent that the council has reserved the power to approve such matters in existing leases, it shall require that the same procedure be followed. Sec. 7. Whenever in this Article action is re- quired to be taken by ordinance such action shall be subject to the referendum provisions of Article VI Section 3, irrespective of whether such action would be characterized as legislative, administrative or otherwise. One or more sections of any ordinance adopted pursuant to Section 4 of this Article VIII may be made subject to a referendum without including the whole of such ordinance. SECTION 2. If a majority of the qualified voters voting thereon et said election shall vote in favor of Proposition 1 then and in that event Section 2 of Article III of the Charter of the City of Palo Alto shall be amended as shown in Section 1. If a majority of the qualified voters voting thereon at said election shall vote in favor of Proposition 2 then and in that event Article VIII as set forth in Section 1 shall be added to the Charter of the City of Palo Alto. SECTION 3. 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 ±n said newspaper shall be completed not less than forty (40) days nor more than sixty (60) days - 4 - • loeresaellataleMessealaW //' 1 prior to the date fixed for said election; and in addition said City Clerk is hereby directed to have copies of said charter amendment printed in convenient pamphlet form and in type of not less than ten 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 copies thereof may be had upon application therefor; and that the City Clerk 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. SECTION 4. If a majority of the qualified elector voting at said election vote in favor of said propositions theanend- ments as set forth herein shall become valid and binding amend- ments to the charter of the City of Palo Alto upon their adoption and approval by the legislature of the State of California. INTRODUCED AND PASSED: ABSENT: Porter, Beahrs l ; 4'. City Clerk 1' ✓ AP ROVED TO FORM: ty torn March 22, 1965 by unanimous voice vote. - 5 - •