HomeMy WebLinkAbout02171969City Hall
Palo Alto, California
February 17, 1969
The Council of the City of Palo Alto met on his date at 7:30 p. m.
v+iui iviayar ; rn)!d=
Present: Arnold, Beahrs, Clark, C.3mstock, Dias, Gallagher,
Gullixeon, Pearson, Wheatley
Absent: Berwald, Spaeth
Approval of Minutes - February 3, 1969
The Minutes of the Council meeting of February 3, 1969 were approved
as distributed.
ITi Land Use
MOTION: Councilman Whatley moved, on behalf of the Public Works
Committee that the Planning Commission be directed to consider the
lands of ITT as if said lands were in the City of Palo Alto and to make
recommendations for specific land use for this property.
The motion carried unanimously by voice vote.
Future Lises of Present City Hall (CMR:141:9)
Councilman Wheatley, orz behalf of the Public Works Committee,
returned to Council the assignment regarding future uses of the
present City Hall and requested further policy direction.
Bob Wilson, 340 Lowell, Palo Alto, presented a petition contain-
ing the names of approximately 800 Palo Alto High School students
urging that the present City Hall be developed for a cooperative
youth facility. Mr. Wilson responded to questions from the Council
concerning facilities available to youth in the community and their
present use.
Mrs. Gertrude Nelligan, 1139 Channing, Palo Alto, spoke in support
of use of the present City Hall for youth facility.
William Hawley,- Chairman, Citizens Advisory Committee on Future
Uses of the Present City Hall, spoke in support of the Committee
recommendation that an arts center be developed at the present
City Hall.
358
2/17/69
Mrs. R. W. Wallace, Garden Club of Palo Alto, spoke in support
of the Committee recommendation that an arts center be developed
at the present City Hall.
William Flatley, 479 O'Keefe, East Palo Alto, spoke in support of
the Committee recommendation that an arts center be developed at
the present City Hall,
Lee Lordeau, President, Palo Alto Music Club, a teenage organiza-
tion, spoke in support of the Comrn ittee recommendation that an
arts center be developed at the present City Hall.
MOTION: Vice Mayor Dias moved, seconded by Beahrs, that the
City Manager be authorized to proceed with the program as outlined
in the staff report of January 1969 (CMR:141:9) based on the concepts
recommended by the Citizens Advisory Committee on Future Use
of the Present City Hall in their report of July 1967.
Mayor Arnold ruled that it would be in order at this time for Council-
man Pearson to read her letter suggesting another u.se for the present
City Hall site. Councilman Pearson read her letter urging the Council
to consider low income housing as a use for the site.
MOTION: Councilman Pearson moved to refer the site to the Public
Works Committee for consideration, with housing to be considered,
and refer the subject back to the Public Works Committee:
T•he motion to refer failed for lack of a second:
Discussion followed and City Manager Morgan and Director of
Community Services Wilson responded to questions concerning
consideration given to and rejection of the present City Hall by the
Teenage Advisory Committee, the youth facilities presently and soon
to be availablei -the "cormnnuniiy,--t e cc rsid ration given- to -the -
subject of use of the present City Hall by the Council, the citizens
committee and the Public Works Committee and the benefits to be
anticipated from an arts center.
The motion carried on the following roll call vote:
Ayes: Arnold, Beahrs, Clark, Dias, Gullixson, Wheatley
Noes: Comstock, Gallagher, Pearson
MOTION: Councilman Wheatley rnoved, seconded by Dias, that the
City Manager be authorized to interview architects and recommend
threes architects to the Public Works Committee for implementation
of the plans for the remodelling of the present City Hall to suit the
purpose approved tonight.
The motion carried by majority voice vote. Councilman Pearson
requested that her "No" vote be recorded.
(The Council recessed from 9:30 to 9:40 p. m. Vice Mayor
Dias and Councilman Pearson did not return at 9:40 p.m.)
See Page
365
359
2/17/69 -;
Working on Motor Vehicles
MOTION: Mayor Arnold moved, seconded by Comstock, adoption
of the following ordinance:
Ordinance No. 2487 entitled "Ordinance of the Council of the
City of Pa.io Alto Amending Section 18.88. 100 of the Palo Alto
Municipal Code Regulating Working on Motor Vehicles"
(first reading 2/3/69)
The ordinance was adopted unanimously by voice vote.
(Vice Mayor Dias and Coury 1man Pearson returned at 9:42 p.m.)
Proposed Carter Amendments
MOTION: Mayor Arnold introduced the following resolution and
removed, seconded by Pearson, its adoption with the deletion of the
sections relating to recall:
Resolution No. 4209 entitled "Resolution of the Council of
..rse City of Palo Alto Submitting to the Electors of the City
of Palo Alto at the 1969 General Municipal Election. Amend-
ments to the Charter of the City of Palo Alto on the Subjects
of: Signature Requirements for Franchise Elections; Compen--
satien for Councilmen; Purchasing Procedures; Designation
of Candidates on Ballot; Initiative and Referendum Procedures;
Park Dedication; and Procedure for Amending the Charter"
CLARIFICATION: Mayer Arnold stated that it is his intention to
consider at a subsequent meeting the amendment to the Charter
regarding recall provis.ons which has already been approved by the
Council for submission to the voters along with the alternate amend-
ments which have been suggested so that all amendments relatirig__
to recall may be co si eted at -tile ^same tiCne.
AMENDMENT: Councilman Wheatley moved, seconded by Clark,
that the sections of the proposed resolution relating to permitting
compensation of councilmen be deleted.
MOTION: Councilman Comstock proved, seconded by Gullixson, to
hear from the public although there is a motion before the Council.
The motion carried unanimously by voice vote.
Mrs, Nonette Hank.,, 3172 Emerson, Palo Alto, was advised by City
Attorney Hildebrand in response to her question, that the Council
has the power to set expense accounts and has done so for the Mayor
and Vice Mayor, while councilmen are reimbursed for expenses in
connection with their duties but that the Council cannot set a salary
and call it an expense account.
360.
2/17/69
MOTION: Councilman Gallagher moved that the matter be continued
until the full Council is present.
Upon advice of Councilman Gallagher that his motion was intended
to continue only the proposed amendment to the resolution, Mayor
Arnold ruled the motion out of order.
The amendment then failed -on the four in, roll call vote:
Ayes: Dias, Wheatley
Noes: Arnold_ Beahrs Cterk, Comstock, Gallagher,
Gullixson, Pearson
MOTION: Councilman Clark moved seconded by Beahrs, to continue
the proposed proposition relating to permitting compensation of
councilmen to the next meeting for consideration by the entire
Council.
Mayor Arnold ruled the motion out of order.
AMENDMENT: Vice Mayor Dias moved, seconded by Beahrs,
that, in the section of the proposed resolution indicating the Charter
wording which would result if the proposed proposition relating to
parks is approved by the voters, the wording recommended by the
Cha.-ter Review Committee be substituted for the language indicated.
(NOTE: Substitute "No substantial alteration upon or with respect
to any lands so dedicated ::hall be made except pursuant to ordinance
subject to referendum" for "No substantial tuilding, construction.
reconstruction or development to any lands so dedicated shall be
made except pursuant to ordinance subject to referendum")
SUBSTITUTE AMENDMENT: Councilor n Pearson moved seconded
by Comstock, to insert in the present wording after "development"
--the-phra-ae 'upon- or with respect."
The substitute amendment carried by majority voice vote.
The resolution as amended then was adopted on the following roll
call vote:
Ayes: Arnold, Beahrs, Clark, Comstock, Dias, Gallagher,
Gullixson, Pearson, Wheatley
Noes: None
Monies Collected re City Facilities (CMlt:l558:9)
MOTION: Councilman Pearson moved, seconded by Clark, that
in accord with Section 2. 28. 150 of the Palo Alto Municipal Code
the Council authorizes the Associates of the Palo Alto Jurdor
Museum, Inc. , Friends of the Palo Alto City Library, Inc. , and
the Palo Alto Community Players. Inc. to solicit and collect monies
for the use of their respective organizations in assisting the program
of the City's Department of Community Service.
Councilman Beahrs commended the three organizations and expressed
the Council's appreciation of their efforts on behalf of the community.
The motion carried unanimously by voice vote.
Application for 0n -Sale Beer License
Celia's Restaurant 3 (CMR:156:9)
MOTION: Vice Mayor Dias moved, seconded by Pearson, to file
without protest the applicati ni of Celia's Restaurant, 423 University
Avenue, for an On -Sale Beer License.
The motion carried by majority voice vote.
Afnc :tdment
to Recall Procedures
MOTION: Mayor Arnold moved, seconded by Beahrs, to continue
the itern relating to alternative amendments to Charter recall
procedure to the next Council meeting.
The motion carried unanirnously by voice vote.
Communications
MOTION: Conncilman Pearson moved, seconded by Beahrs, to
continue the item relating to communication to the next Council
meeting.
The motion carried unanimously by voice vote.
U e_Perrnit Conditions - Jewish Community --Center
MOTION: Mayor Arnold moved that the February 10 Council
action granting the use permit to the Jewish Community Center be
reconsidered.
City Attorney Hildebrand advised that a motion to reconsider must
be made before adjournment of the meeting during which the action
to be reconsidered was taken. Mr. Hildebrand further advised that
in accordance with Section 18. 92. 070 of the Palo Alto Municipal
Code the Council may hold a public hearing in the matter of grant-
ing a use permit and may impose conditions, artd the Council's
decision or determination shall be final, and therefore, the subject
of the use permit and conditi ns imposed may not be reopened.
Mr, Hildebrand stated that •the ot:1y area in which the Council may
act with regard to the use permit granted to the Jewish Community
Center would be to recognize a clerical error in the Council's
action or that an ambiguity exists which precludes enforcement,
and that this latitude could only be found in drawing an analogy
between the Council's action and trial court judgm nta.
362
2/17/69
Mayor Arnold ruled his motion out of order.
Director of Planning and Community Development Fo7ircroy stated
that no ambiguity exists in enforcing the conditions ti.ith regard to
requiring that the roof of Building B -.E be painted now and that a
shake -or residence -type roof be constructed wi':yin two years.
Discussion followed and Council members stated that in voting to
require a shake or residence -type roof on Building B -E, it had
been their belief that that condition would supersede the condition
requiring that the roof be painted inimediately.
MOTION: Councilman Gullixson moved, seconded by Beahrs, that
the Council recognizes ambiguity in regard to their action with respect
to the roof requirements for Building B -E of the Jewish Community
Center, and in recognition of the ambiguity delete th,. condition of
the use permit that the roof must be painted.
Mr. Hildebrand advised that the motion fits the judicial test in the
rnatter of use permits.
The motion carried by majority voice vote.
Discussion followed concerning the condition that no music will be
allowed at the Jewish Community Center, and the suggestion was
made that the intent was that there should he no noise which would
interfere with the neighbors. M r. Hildebrand advised that a specific
motion was made on February 10 to amend the condition by adding
"which will interfere with the neighbors," and the motion failed for
lack of a second, and therefore no grounds exist for further consid-
eration of the matter.
Miscellaneous Streets Project No. 67-3
MOTION: Councilman Comstock moved, ani it was duly seconded,
to continue until the next meeting the item relating to reexamination
of Council action on: Miscellaneous Streets Project No. 67-3 with
regard to Clemo Avenue.
The motion carried unanimously by voice vote.
Willow. Road E�cresswaV
MOTION: Councilman Pearson rnoveci, seconded by Wheatley, that
the Council request the Santa Clara County Board of Supervisors
to put into the County Expressway System the Willow Road Express-
way as proposed by the Willow Road Expressway Committee.
The motion carried unanimously by voice vote.
Cancellation of Council Meeting
MOTION: Mayor Arnold moved, seconded by Gullixso t, to cancel
the regularly scheduled Council meeting of February 24, 1969.
The notion carried unanimously by voice vote.
Oral Communications
4na:ithers3, 450 Adobe Place, Palo Alto, member of
the Citizens Advisory Committee on Future Uses of the Present
City Hall, stated that the entire community benefit from
the presence in the community of the arts center and its programs
and urged full Council support for the center.
Howard Schonberger, 877 Richardson Court, Palo Alto,
Chairman of the Palo Alto Chamber of Commerce Committee
concerning environment, read their resolution calling upon
all citizens to remember the rights of all and eschew violence
in any form and its use for whatever parpt-se. Mayor Arn Ad
advised that the Volution would be copied and distributed to
Council members.
Adjournment
There being no further business, the Council adjourned at 11:05 p. rn.
APPROVED:
ATTEST:
364
2117/69