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HomeMy WebLinkAbout10241966City Hall Palo Alto, California October 24, 1966 The Council of the City of Palo Alto met in an adjourned meeting from October 10, 1966 on this date at 7:30 p.m. with Mayor Dias presiding. Present: Arnold, Comstock, Debs, Dias, Pearson, Rohr$, Rus, Sher, Worthington. Absent: Beahrs `arrived 7:35 p.m.), Cooley (arrived 7:40 p.m.), Flint (arrived 7:36 p.m.), Woodward. Airdornes in Residential Districts Mayor Dias referred to the correspondence from the City Attorney's office attaching a proposed airdorne ordinance and stated the matter haci come before the Council as the result of a request from a Palo Alto citizen. Councilman Comctock moved, seconded by Dias, to refer the proposed ordinance to the Planning Commission for review. The motion carried unanimously on voice vote. Fmrer ersry Sit uati4u re l ilding Permits Councilman Debs stated that an emergency existed in regard to an item on the .Agenda for the regular meeting of October 24 and asked to bring it before the Council immediately. - Manor Dias suggested it_v, oud_1_e _;•6i+table-;n-either- ;rang it before the Council at present or to bring it up in connection with an item on the Agenda for the regular meeting of October 10 which also was not yet before the Council. Councilman Debs stated he would prefer to bring the subject up immediately, but agreed to wait until disposition had been made of the remaining items on the Agenda p:,esently before the Council. Written Communications Letter from Town & Country. Billiard? requesting a change in Muzucipal Code Sec. 9.01 requiring billiard parlors to close at 1Z:00 midnight. Mr. Mark B. Dorman, 10104 Stern Avenue, Cupertino. one of she two owners of Town & Country Billiards, spoke in favor of changing the requirement regarding closing hours. 393,. 10/24/66 Mr. Alec Loo, 1843 Washington Street, San Francisco, the owner of the franchise for Town & Country Billiards, also spoke in favor of changing the Municipal Code relating to closing hours. Councilman Comstock moved, seconded by Sher,, to refer the request to the City Attorney for review afid comment on the suggested change in closing time. Councilman Cooley requested the 'subject also be referred to staff, and Councilman Comstock cgreed to ir:clude review by staff in his motion. Councilman Cooley then.questioned Mr. Dorman as to whether a. definite closing time was being suggested, and Mr. Dorman replied that he believed it should be in_ accordance with those for similar recreational facilities' such'as bowling alley, etc. Councilman Flint stated that the queationi lg was not germane to the motion to refer. Mayor Dias ruled that the question to Mr. Dormer/ wee in order. Councilman Flint challenged the ruling. The Chair was upheld on majority voice vote. The motion to refer carried on majority voice vote. Letter from the League of Women Voters regarding considera- tion of a downtown library a.nd recreational facilities and recomn- rnending the appointment of a citizens committee to study the subject. Discussion concerned the possibility of a conflict in two pre- vious motions passed by the Council which also concerned a proposed downtown library. Councilman Comstock moved that the staff review of the down- town community service center facilities be returned upon com- pletion for review by the Public Works Committee. Ms.yor Dias stated that only the letter is before the Council. Councilman Comstock then withdrew his motion and moved, seconded by Pearson!., that the Mayor be authorized to appoint n citizens committee to review the subject of a downtown library and community service center and return their report to the Council. Mrs. J. B. Cobbs, President of the League of Women Voters, 1533 Dana Avenue. Palo Alto, spoke in favor .-.f either the appointment of a citizens committee or other r:ction which would insure discussion of the subject by interested citizens. The motion that the Mayor be authorized to appoint a citizens committee failed on the following roll. call vote: Ayes: Comstock, Debs, Pearson, Worthington. Noes: Arnold, Beahrs, Cooley, Dias, Flint, Rohrs, Rue, S her. Councilman Cooley moved, seconded by Beahrs, to continue thesubject contained in the letter until the Committee of the Whole meeting to discuss Civic Center plans. Councilman She} moved, seconded by Comstock, an amendment that the staff report on the downtown community service center should accompany the letter before the Committee of the Whole. Discussion followed concerning whether or not the Council could ask the architect to proceed on the Civic Center plans without including the library on the same site, and then pos- sibly add it later. Councilman Deba moved, seconded by Worthington, an amend- ment to the amerdrent that the letter and the staff report be sent to the Public Works Committee. The motion failed on the following roll call vote: Ayes: Debs, Flint, Sher, Worthington. Noes: Arnold, Beahrs, Comstock, Cooley, Dias, Pear son, Rohr., Rus. The amendment to refer both the letter and the completed staff report to the Committee of the Whole then carried on the fol- lowi rol1csll__vote: Ayes: Arnold, Beahrs, Comstock, Cooley, Dias, Pearson, Rohrs, Rus, Sher, Worthington. Noes: Debs, Flint. The motion to continue as amended then carried on a majority voice vote. Oral Communication IC:21211110110110rWININdirelloWilawismr Mayor Diu asked if there was anyone present who wished to address the Council. M Uliatn Cha an, 111, M.D. , 3583 Louis Road, read his letter to the Council opposing construction of the power sub- station in the area of the Eichler Swim and Tennis Club at 3539 Louis Road, 395. 10/ 24/ 66 Councilman Debs moved, and it was duly seconded, to refer Dr. Chapman's letter to the Finance Committee. 1 Councilman Flint moved that the staff should provide archi- tectural drawings of the substation to the Finance Committee for their use in reviewing the letter. The motion failed for lack of a second. The motion to refer the letter to the Finance Committee car- ried on unanimous voice vote. Ad-ot neat Councilman Rohrs moved, and it was duly seconded, that the meet- ing of October 3, 1966 be adjourned. The meeting adjourned at 9:12 p.m. * * * * * * * * * * * * * * * * The Council of the City of Palo Alto met in an adjourned meeting from October 10, 1966 on this date at 9:13 p. m. with Mayor Dias presiding. Present: Arnold, Bears, Comstock, Cooley, Debs, Din», Flint, Pearson, Rohrs, Rua, Sher, Worthington. Absent: Woodward. A ro�val of Minutes Councilman Pearson requested that on page 362 of the Minutes of September 26, 1966, in the last roll call reported on the page, that thoee voting f'Aye" be reported as voting "No" and those voting "No" be reported as voting "Aye", and that she be recorded as voting "Aye", since the —Vote -had been 'reversed-iR error and her name There were no objections. Mayo Dias .requested that on page 360 the mane a the teacher who accompanied the group from Jordan Junior High should be shown as "Miss Mabel E. Ablard. " There were no objections. The Mit.utes were approved as corrected. Issuance of Buildir Permits Suspended Councilman Debs moved that the Council take up an emergency item appearing on the Agenda of the regular meeting of October 24, 1'966. The motion was duly seconded and carried on the following roll call vote: Ayes: Arnold, Beahrs, Comstock, Cooley, Debs, Dias, Flint, Pearson, Rohrs; Sher, Worthington. Noes: Rus. Councilman Worthington stated that he believed a motion to move an item up on the Agenda required unanimous vote of the Council. Mayor Dias ruled that the item was being moved forward fr o m an Agenda other than that before the Council and therefore required only a majority vote. Councilman Worthington challenged the ruling. The chair was upheld on the following roll call vote: Ayes: Arnold: Beahrs, Comstock, Cooley, Debs, Dias. Pearson, Rohrs, Rus. Noes; Flint, Sher, Worthington. Councilman Debs moved, seconded by Comstock, the adoption of the following ordinance: Ordinance No. 2321 entitled "Ordinance of the Council of the City of Palo Alto Suspending Issuance of Btuldin g Permits in Certain Zones Pending Planning Commission Study and Recom- mendations to the Council, and Declaring an Emergency." City Attorney Michalski recommended the number of days referred to in Section 2 of the ordinance be 90 days, and Councilman Debs agreed to insert "90 days." Mayor Dias pointed out that adoption of an emergency ordinance re- quired a four -fifths vote of those present, or ten votes in this case. The motion carried on the following roll call vote: Ayes: Arnold.-Fteahes, rnmotnek _-Cooley _ iebs Dias Pearson, Rohrs, Sher, Worthington. Noes: Rus. Use Permit - Seventh Da v Adventist Church Mayor Dias stated that she had received an oral request to continue an item on the Agenda for the regular meeting of October 24. Councilman Cooley moved, ` seconded by Comstock, to consider con- tinuance of the Planning Commission recommendation of denial �f application of the Seventh Day Adventist Church for a Use Permit. Following discusri>n, Councilman Cooley withdrew his motion. 1 397 10/24/66 Executive Session - Golf Professional Contract The Council recessed from 9:32 to 10:10 p.m. in executive session to consider the contract for the Golf Professional services. Following the recess, Mayor Dias announced that the golf pro- fessional contract had been considered and also the Personnel Liaison Committee Report on salaries for Council -appointed officers. She stated that the Council will delay their decision on the salary matter pending receipt of certain statistic 9. Councilman Comstock moved, seconded by Debs, that the Council approve the proposed contract with the Golf Professional and auth- orize and direct the Mayor to a cecuie the contract on behalf of the City. The motion carried unanimously by voice vote. ABAG Recommendations for Regional Government Mayor Dias referred to her report of October 5 concerning ABAG recommendations for regional government. Councilman Cooley moved, seconded by Flint, that the ABAG proposals for regional government be considered at a Committee of the Whole. Mayor Dias stated that the General Assembly of ABAG would be held in Berkeley on November 4, and she planned to attend with Council- man Pearson who is the alternate delegate. She further stated that if the Palo Alto delegation is to be instructed by the Council on November 4, it would be necessary for the Council to review the ABAG proposals before that date and express their position to her and Councilman Pearson. Councilman Comstock moved, and it was duly secoMi ;-a i-a.menv= --_ talent that the Committee of the Whole meet on Tuesday, November 1, 196b. Councilman Sher reminded the Council that the Committee of the Whole could not take action and therefore a Special Meeting of the Council to consider and act on the Committee of the Whole recom- mendation would be necessary. Mayor Dias suggested the Special Meeting be set for 9:00 p. m. on November 1, following the meeting of the Committee of the Whole. Councilman Cornstock agreed to in- . clude this in his amendment. The amendment carried on majority voice vote. The motion as amended to meet as a Committee of the Whole carried on majority voice vote. 98 0/24/66 Resolution of Appreciation - .Alex Peterson .• - Councilman Comstock introduced the following resolution, and moved, seconded by Beahrs, its adoption: Resolution 3930 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation to Mr. Alex Peterson Upon His Retirement." The motion carried by unanimous voice vote. Resolution of Appreciation - Mrs. Marie Lockwood Councilman Debs introduced the following resolution and moved, seconded by Beahrs, itsadoption: Resolution 3931 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation to Mrs. Marie Lockwood Upon Her Retirement." The motion carried by unanimous voice vote. Resolution of A reciation - Carl E. Fritz Councilman Sher introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution 3932 entitled "Resolution of the Council of the City of the City of Palo Alto Expressing Appreciation to Mr. Carl E. Fritz Upon His Retirement." The motion carried by unanimous voice vote. Civic" Center isosssossoissassome Mayor Dias referred to Councilman Rohr's letter of October 7 stating that he would make a brief report on the space needs for the new Civic Center following the first item on the Agenda. She asked if he wished to do so. Councilman Sher stated, that the Agenda referred to was that of October 10 and therefore thereport of any meetings after that date would not be in order and should be taken Lp in the appropriate position on the Agenda for October 24. Councilman Rohrs raid that the Public Works Committee report as of October 7 would then be that no conclusion was reached. Ricconada Park im rovement City Manager Morgan referred to the architect's renderings of pro- posed improvements to Rinconada Park which were displayed in the 399 10/24/66 Council Chambers and to his report of October 6. He recommended the matter be referred to the Public Works Committee. Councilman Sher moved, and it was duly seconded, to refer to the Public Works Committee the proposed plans for the expansion of Rinconada Park and to continue, until the Public Works Committee report was available, the resolution appearing on the Agendas of September 26 and October 3 concerning two parcels of real property at Hopkins and Pine. Councilman Comstock moved an amendment that the Public. Works Committee be instructed to review alternate plans beyond those being referred to it by the Council and suggested the possibility of the new substation being located on the present site of the old sub- station. Discussion followed as to the availability of alternate plans and whether or not it would be possible to locate the new substation on the same site as the present substation. The amendment railed on the following roll call vote: Ayes: Comstock, Debs, Flint, Pearson, Sher. Noes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rus, Worthington. The motion to refer the Rinconada Park plans to the Public Works Committee then carried by unanimous voice vote. Adjournment Councilman Cooley moved, and it was duly seconded, that the Council adjourn to Tuesday, October 25. 1966 at 7:30 u. air,_ The motion failed on rr jority voice vote. - - Councilman Rus moved, a ‘.:'udt ed by Beahrs, to adjourn. Councilman Arnold moved, seconded by Cooley, an amendment to adjourn to 7:30 p. m.. on Monday. October 31, 1966. The amend- ment failed on the following tie_roll call vote: Ayes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rus. Noes: Comstock, Debs, Flint, Pearson, Sher, Worthington. Councilman Arnold then moved, and it was duly seconded, an amendment to adjourn to 7:30 p.m. on Monday, November 7. The amendment was defeated on tie voice vote The motion to adjourn was defeated on majority voice vote. 400 10!24/66 Airport and Yacht Harbor Leases City Manager Morgan read his report of October 6 on the airport and yacht harbor leases. Councilman Si:er moved, seconded by Comstock, that the Council direct the staff to prepare for Council approval, and then for sub- mission to the County Board of Supervisors, a proposed revision of the airport lease that follows the lines of the airport lease agree- ment previously proposed by the County, but that: (1) includes a provision incorporating the requirements of Art. Vim, Sec. 6 of the City Charter; (2) includes a provision in regard to landscaping similar to paragrapb 6 oft the present yacht harbor lease; (3) rriocra fires paragraph 10(d) of the County's propoaed airport lease agree- ment to include the supply of gas service by the City to the County; (4) excludes paragraph 14 of the County's proposed airport lease agreement; (5) includes revisions of the County's proposed airport lease agreement or includes other provisions, that will resolve matters cs' concern to the staff; and (6) provides that approval of the lease shall be conditional or, the release of park -dedicated lands by a vote of the citizens of Palo Alto, as provided in Art. VIII, Sec. 3 of the City Charter. Councilman Rohrs moved, seconded by Flint, to continue the subject of the airport lease until the next meeting of the City Council so that they might review the points brought out in Councilman Sher's motion. Following assurance by Councilman Sher that the points brought cnt in his motion were familiar to the Council and could be explained briefly, Councilman Rare agreed to withdraw his motion provided he was granted the opportunity to make it later if he should so de- sire.. Councilman Sher then outlined the points in his motion. Following discussion by Council and questioning of the City Manager and the City Attorney, the motion carried by unanimous voice vote. Councilman Sher_:a+n-ove secoodiA b toinstcck, that the Council direct the staff to prepare for Council approval, ant then for sub- mission to the County Board of Supervisors, a proposed revision of the yacht harbor lease that follows the lines of the yacht harbor lease agreement previously proposed by the County, but that: (1) includes a provision incorporating the requirements of Art. VIU, Sec. 6 of the City Charter; (2) includes a provision in regard to landscaping similar to paragraph 6 of the present yacht harbor lease; (3) excludes paragraph 12 of the County's proposed yacht harbor lease agreement; (4) includes revisions of the County's pro - potted yacht harbor lease agreement, or includes other provisions, that will resolve matters of concern to the staff; (5) reflects all of the points proposed to the County Board of Supervisors by the City of Palo Alto in the letter slated January 26, 1966 as modified in Section 2 of Resolution No. 3881 except that the term of the lease shall be 50 years, and the staff shall include (subject to the Council approval) a reasonable figure for the maximum annual amount of 401 10/Z4/66 dredged material produced by non -hydraulic maintenance dredging that may be deposited at sites near the yacht harbor designated by the City; and (6) provides that approval of the lease shall be con- ditional on the release of park -dedicated lands by a vote of the citizens of Palo Alto, as provided in Art. VIII, Sec. 3 of the City Charter. Councilman Sher then elaborated on each part of his motion. and following discussion, the motion carried by unanimous voice vote. (Councilman $eahrs left the Council Chambers at 11:40 p. rn.) r dj irmile rzt Counciltx an Rohrs moved and it was duly seconded, to adjourn. Coutncilrnan Comstock asked him to include "to Novernbvr 14, 1966." Councilman Rohrs agreed to do se. Councilman Flint moved and it was duly secnntled, an amendment to adjourn to November 7, 1966. The amendment failed on the following roll call vote: Aye„ Arncld, Cooley, Dias, Flint, Worthington. Noes: Comstock, Debs, Pearson, Rohrs, Rus, Sher. The motion to adjourn to November 14, 1966 carried on majority voice -cote. The Council adjourned at 11:44 p.m. APPROVED: Mayor