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HomeMy WebLinkAbout02201967City Hall Palo Alto, California February 20, 1967 The Council of the City of Palo Alto met on this date at 7:35 p.m. with Mayor Dias presiding. Present: Arnold, Beaters, Comstock, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Rus, Sher, Woodward, W o r thing ton Absent: None . .,a roval of Minutes Mayor Dias requested that page 43 of the Minutes of February 6, 1967 be corrected to show the amenriir.d.nt trs Artie -1.z 1TTT ... the A.rticles of Incorporation of the Palo Alto -Stanford Hospital Center which was included in Assistant City Attorney Hildebrand' a letter of February Z. 1967 and was adopted by the Council, as follows: "All of the properties, monies and assets of this corporation are irrevocably dedicated to hospital purposes and shallnot inure to the benefit of any private individual. In the event that this corporation shall be dissolved or wound up at any time, then all of the properties, monies and assets of this corporation shall be transferred exclusively to, and become the property of, the City of Palo Alto and the Board of Trustees of 'the Leland Stanford Junior University.,; The Minutes of February 6 were then approved as corrected. Ite�:ail Initiative R-eie=enduni u c earun re rtes +ewision Mayor Dias opened the public bearing regarding revision of the Charter relating to recall, initiative and referendum and invited members of the audience to speak, David Dawdy, 3139 Avalon Court, Palo Alto, stated he believed re- call procedureN should be changed to conform with those of the otate Election C de. fie also replied to questions from the Council. Mrs. Earl Andersen, 4240 Suzanne, Palo Alto, stated that she would approve a Charter change making the number of signatures required for recall 25% cf the registered voters and that the matter should be placed on the ballot at the May 9, 1967 election. She also re?lied to question from the Council. Arthur Covltt,; 3324 Middlefield Road, Palo Alto, stated that be did not bialieme a requirement of signatures of 25% of the registered 4 /20/67 voters is appropriate for referendum and initiative. He also ques- tioned Assistant City Attorney Hildebrand in regard to details of the Charter and State provisions relating to signatures required for refs rendurn and initiative, and replied to questions from the Council and urged the revision relating to recall be placed on the ballot at this time. Cal Larsen, 3343 St. Michael's Court, Palo Alto, stated that he does not favor any changes in untried sections of the Charter such as those relating to recall, ctixd does not believe any changes are necessary in regard to referendum and initiative. He added that whenever proposed Charter revisions are to be presented to the people such action should only be taken after considerable study of the proposed revision by a citizens review cornrruttee. He replied to questions from the Council and urged that no Charter revisions be placed on the ballot without lengthy advance review. Arthur A. Spar, 951 Hamilton, Palo Alto, asked questions of Mr. Hildebrand relating to recall procedures, and in reply to question from the Council, stated that he is in favor of putting recall, refer- endum and initiative on the ballot at this time. Thomas Jordan, 716 Holly Oak, Palo Alto, stated that he favors changing the recall provisions of the Charter to conform with those of the State Election Code, but does not favor changing the referen- dum or initiative provisions. He added that he believed the proposed recall revision should be placed on the ballot now. He also replied to questions from Council members. Mayor Dias reminded the Council that Councilman Worthington's resolution and an amendment by Councilor. an Rus were before them (see pages 56 and 57 of the February 13 minutes). AMENDMENT: Co;tteeii+nan s isitroduc-ed the following resolution and roved, seconded by Beahrs, its adoption: .r "Resolution of the Council of the City of Palo Alto Submitting to the Electors of the City of Palo Alto at the 1967 General Mani- cipel Election a Proposed Amendxriert to the Charter of the City of Palo Alto Amending Article VI Thereof Relative to the Use of the Recall, Initiative and Referendum." SUBSTITUTE AMENDMENT: Councilman Pearson introduced the following swttolufion and moved, seconded by Flint, its adoption: Resolution 3961 entitled "Resolution of the Council of the City of Palo Alto Submitting to the Electors of the City of Palo Alto at the 1967 General Municipal Election Proposed Amendments to the Charter of the City of Palo Alto Amending Section 1, Section 2 and Section 3 of Article vi Thereof Relative to the Use of the Recall, the Initiative and the Referendum.," Councilman Arnold requested a separate vote on each of the three parts of the resolution and Mayor Dias so ruled. Discussion followed conerning the first proposition contained in the resolution with regard to revision of the Charter relating to recall. The portion of the resolution relating to recall was adopted by the following roll call vote: Ayes: Comstock, Debs, Flint, Pearson, Sher, Woodward, Worthington Noes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rus Discussion then followed concerning the second proposition con- tained in the resolution with regard to revision of the Charter re- lating to initiative. The portion of the resolution relating to initiative was adopted by the following roll call vote: Ayes: Comstock, Debs, Flint, Pearson, Sher, Woodward, Worthington Noes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rus Discussion then followed concerning the third proposition contained in the resolution with regard to revision of the Charter relating to referendum, The portion of the resolution relating to referendum was adopted by the following roll call vote: Ayes: Comstock, Debs, Flint, Pearson, Sher, Woodward, Worthington Noes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rus Resolution 3961 was then adopted on the following roll call vote: D b$ F�;,.t - -Pear axon,- Slier e_ Woodward, Ayes: Comtcck, e�� _ _: Pearson,_ Noes: Arnold, $eahrs, Cooley, Dias, Rohrs, Rus (Th4 Council recessed from 9:55 to 10:17 p.m.) Boylan?. Report - Flood Control and Water District MOTION: Councilman Rohrs moved, on behalf of the Public Works Committee, that the Public Works Conunittee recommended to the Council the adoption of the three recommendations in the Planning Cornmissior Eeylands Report dated November 18, 1966, but added a fourth recommendation to be placed first in priority - that the Santa Clara County Flood Control and Water District recommendation for the City of Palo Alto is paramount and the development of the regional program will be subordinate to the Flood Control program; further that the budgeted funds of the Flood Control District for the 1967o8 Fiscal Tear be spent in immediate improvements in accor- dance with the Flood Control recommendation which includes flood control gates, ruling of the outer levees and possible channel im- pt't en nts. i /30/47 AMENDMENT: Council/flax' Flint moved that the purpose as em- bodied in the motion be restricted to the finger lakes, flood basin and recreation proposal. The amendment failed for lack of a second. Discussion followed and City Manager Morgan replied to questions concerning the capacity of the lakes and operation of the tide gates. The motion carried unanimously by voice vote. Amaranta. ta. Way Traffic MOTION: Councilman Comstock moved, seconded by Beaters, to accept the petition regarding Amaranta Way traffic which was re- turned by the Planning Conrtmisaion as not being an appropriate item for action by the Commission and to refer the petition t.:., the Planning and Procedures Committee. The motion carried unanimously by voice vote. Rinconada Park MOTION: Councilman Sher moved, s: ,conded by Beahrs, that the following recommendation of the Planning Commission regarding Rh canada Park be referred. to the Public Works Committee: (1) that the electric substation be as shown. on Site 1 in the November 15, 1966 communication to the City Manager; (2) that the City -owned property across Hopkins Avenue be developed for recreational uses; (3) that the privately -owned parcel on the corner of Hopkins Avenue and Pine Street eventually be acquired for recreational uses; and (4) that this recommendation does not represent an endorsement of any one of the site developments p: epoaed in the City Manager's report of November 9, 1966. --Lae motion carried unanimously by voice vote. Team Sports Ares -a MOTION: Councilman Sher moved, seconded by Beahrs, that the following recommendation of the Planning Commission regarding Team Sports .Areas be referred to the Public Works Committee; (1) that, as a first choice, Amarillo Park be expanded into the adja- cent vacant parcel to accomrnodate three baseball diamonds; and (Z) that, as a second choice, the vast property on the east side of the 3800 block of Middlefield Road between Adobe Creek and East Charleston Road be acquired for these purposes; and, as a third choice, the property on the north side of the 700 block of San Antonio Avenue between MiddlefieldrRoad an Fabian Street. The motion carried una.nirnousiy by vcice vote. 67 2/20/67 Airdome Ordinance MOTION: Councilman Arnold moved, seconded by Pearson, to up- hold the Planning Commission recommendation and take no action regarding the proposed airdome ordinance based rn the fact that the subject is already covered in the Palo Alto Aaunicipal Code. The motion carried unanimously by voice vote. Water Commission Report Councilman Flint referred to his letter of February Z0 concerning the most recent action of the Water Commission. MOTION: Councilman Flint moved, seconded by Comstock, that the Mayor be directed to request the Consolidation Committee amend the proposed Act of Consolidation of the Water Districts as follows: that the first beard of directors of the consolidated district be elec- tive (five of the members) rather than appointive. To this end, the Board of Supervisors shall, upon final approval of the consolidation, call a special election unless such approval occurs within the 90 days preceding a general election. AMENDMENT: Councilman Rohrs moved to delete reference to elected board members - Mayor Dias ruled the motion to amend out of order as it encompasse: the entire motion. Discussion followed concerning the activities and jurisdiction of the Water Commission and City Manager Morgan replied to question from councilmen regarding e_taff contact with the taster Commission, ____T The motion faired by majority voice vete. Transportation Policy Co.a uuttee Councilman Cooley referred to the motion adopted at the Transpor- tation Policy Committee meeting of February 8 in regard to recon- struction of Page Mill Road. MOTION: Councilman Cooley moved, and.it was duly seconded, that the action of the Tra►nsportastian Policy Committee as follows was acceptable to the Council and the Board. of Supervisors be so informed: "County Representative Winston moved that subject to the approval of the Palo Alto City Conncil the recommendation from the Technical Advisory Committee, i.e. that the reccn- structian'of Page Mill Road from Abna Street to Foothill Expressway, including any necessary right-of-way purchases between Alma Street and westerly of El COMMA* Real be designated a Phase I project and that Phase I monies be used for this project, and shall be accepted by the Transportation Policy Committee with the understanding that the inclusion of any underpass or interchange whatsoever is not to be con- sidered in this proposed construction. On second of County Representative Ostle, the motion unanimouOy carried and the Chair so orders. "Also presented as a part of Palo Alto's original request are conditions reserving certain traffic controls to the City. The Technical Advisory Committee's recommendation in this re- gard is that the present policy be followed throughout the Phase I Expressway system providing County retention of controls over traffic signals be observed and that opced cen- tral and control over truck routes be governed by conformance with local ordinances and State legislat.ve requirements. On motion of County Representative Ostle, seconded by Winston, it is unanirnously ordered that the recommendations of the Technical Advisory Committee regarding signalization artd traffic control be approved by the Transportation Policy Com- mittee and the Chair so orders." In reply to questions, City Manager Morgan stated that the Board of Supervisors will have to acknowledge the action and respond to Palo Alto, but pending concurrence of the Board of Supervisors, the staff could prepare the necessary agreements. ADDITION; Councilman Cooley added to his motion that the staff be directed to take such action as may be necessary subject to approval by the Board of Supervisors of the recommendation of the Transportation Policy Committee. Discussion followed and Mr. Morgan replied to gnestions concern- ing details of the Transporation Policy Committee motion. AMENDMENT: Councilman Sher moved, seconded by Debs, that (1) it be made clear that the Council only wants to have such an agree - x. ent from El Camino Real to Foothill Expressway; (2) it be made clear that language about speed limits and truck routes means that it is under City control; and (3) that it be made clear that turning over the road to the State would be subject to City approv;Al. Discussion followed as to what night be included in any agreement covering the part of the road in question. Councilman Sher requested the motion be. split for the purposes of voting separately on each part, and Mayor Dias so ruled. SUBSTITUTE AMENDMENT: Councilman Arnold moved, seconded by Rnhrs, to eliminate the portion of the road between El Camino Real and Alma Street. He than withdrew the substitute motion, 69 2/20/67 The first part of Councilman Sher's amendment was adopted by the following roll call vote: Ayes: Noes: Comstock, Debs, Dias, Flint, Pearson, Sher, Worthington Arnold, Beahrs, Cooley, Itohrs, Rus, Woodward Th a"�.�w.�.d ..: �.! _1.. • w+ w+�..f1 a� . t--_ �r.�.. • ♦•.v wa....s<r.aaacu• �. st a •cu vy wiaw••...v ..� • vow r I# The third part of the amendment carried by unaniunous voice vote. AMENDMENT: Councilman Comstock moved, and it was duly seconded, that in the proposed agreement the City shall retain con- trol over signalization. The amendment carried by the following roll call vote: Ayes: Beahrs, Comstock, Debs, Flint, Pearson, Sher, Woodward, Worthington Noes: Arnold, Cooley, Dias, Rohrs, Rus The xnoi' iron as amended carried on the following roil call vote: Ayes: Arnold, Beahrs, Cooley, Dias, Rohre, Bus, Woodward Noes: Comstock, Debs, Flint, Pearson, Sher, Worthington Ad ournim nt MOTION: Councilman Rus mnv.d eotconed.ed-_by'-_Woodward, tr.i .ad1oui -- AMENDMENT: Councilman Comstock moved to adjourn to February 27, and Councilman Bus and Woodward agreed to include the date in their motion. The motion failed on the following roll call vote: Ayes: Arnold, Beahrs, Cooley, Robrs, Rua, Woodward Noes: Comstock, Debs, Dias, Flint, Pearson, Sher, W o rthing ton Cite -School Liaison Canurnittee R Councilman Pearson referred to her report on the February 6, 1967 meeting of the City -School Liaison Committee and stated she had - nothing further to add to her written report. (Councilmen Arnold, Cooley, Rus and Woodward left at 11:30 p. m. and did not return) Alternate Site - Substation H MOTION: Councilman Comstock introduced the following resolution and moved, ;seconded by Sher, its adoption: "Resolution of the Council of the City of Palo Alto Finding and Determining that the Public Interest and Necessity of Said City Require. for Public Use for Public Grounds._ Certain__ Land Located in the City of Palo Alto, County of Santa Clara, State of California, for Electric Substation_ 'H° and Access Thereto." Discussion followed and City Manager Morgan replied to questions concerning the requirements of any substation site and a1 so the urgency in regard to supplying power from the proposed substation H. i.ssistant City Attorney Hildebrand stated that a resolution is valid with a majority, or seven, votes, but recommended nine votes in this instance in order to avoid having litigation include any challenge of the selection of site. The resolution was adopted on the following roll call vote: Ayes: Beahrs, Comstock, Debs, Flint, Pearson, Rohrs, Sher, Worthington Noes: Dias MOTION: Councilman Comstock moved, seconded by Debs, to re- consider the resolution concerning, the site for substation H. The motion carried unanimously by voice vote. MOTION: Councilman Comstock moved, and it was duly seconded, the adoption of the resolution with the deletion of Section 7 relating to the Clerk's certifying that the resolution had been adopted by nine votes. Discussion followed as to a possible course of action in order to have the resolution adopted by nine votes, thus indicating that the public interest requires condemnation of the proposed alternate site. The resolution with section 7 deleted carried on the following roll call vote: Ayes: Beahrs, Comstock, Debs, Flint, Pearson, Rohrs, Sher, Worthington Noes: Dias 71 2/20/67; MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Debit, it adoption: "Ordinance of the Council of the City of Palo Alto Amending the Budget for Fiscal Year 1966-67 to Make An Additional Appro- priation for Purchase of Electrical Substation Site and Appur- tenance.). " The ordinance failed on the following roll call vote: Ayes: Beahrs, Comstock, Debs, flint, Pearson, Rohrs, Sher, Worthington. Noes: Dias. Adjournment MOTION: Councilman Debs moved the Council adjourn until February 27. He then withdrew his motion. Alternate Site - Substation H MOTION: Councilman Comstock moved, seconded by Sher, to re- consider the resolution concerning the alternate site of substation 1-i. The motion to reconsider carried by majority voice vote. MOTION: Councilman Worthington moved, seconded by Pearson, to rescind the action taken at the meeting of December 12, 1966 which directed the City Manager to proceed with construction on the present site for substation H. Mayer Dias ruled the motion out of order. Adiou m_naaent MOTION: Couvcilr san Comstock moved, and it was duly seconded, to adjourn to February 27. The xnetion carried by majority voice vote. The Council adjourned at 12:10 a.m. APPROVED: &9I 7