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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