Loading...
HomeMy WebLinkAbout11071966406 11/7/66 City Hall Palo Alto, California November 7, 1966 The Council of the City of Palo Alto met in an adjourned Special Meeting from October 31, 1966 on this date at 7:30 p.m. with Mayor Dias presiding. Present: Arnold, Cooley, Dens, Dias, Flint, Pearson, Rohrs, Rus, Sher, Woodward Aheent: Eseahrs,-Cornstock, Worthington (arrived 8:00 p.m.) Proposed Contract with Architect for Civic Center City Manager Morgan referred to his report of October 6, 1966 and to a similar item on an agenda not yet before the Council concerning the proposed contract with the architect for the Civic Center. Dis- cussion followed as to whether or not consideration of an up-to-date report was proper or if it should be limited to only the information available as of October 10, 1966, the date of the agenda presently before the Council. MOTION: Councilman Pearson moved, seconded by Arnold, to post- pone discussion of the contract with the architect until the subject was again before the Council when it appeared on a later agndaa. The motion failed on the following tie roll call vote: Ayes: Arnold, Debs, Flint, Pearson, Sher Noes: Cooley, ' Dias, Rohrs, Pus, Woodward -----_---------__._____-- Mayor Dias ruled that discussion of a current report on the archi- tect's contract was in order. CHALLENGE: Councilman Sher challenged the ruling. The Mayor was upheld on the following roll call vote: Ayes: Arnold, Cooley, Dias, Rohrs, Rus, Woodward Noes: Debs, Flint, Pearson, Sher MOTION: Councilman Sher moved, seconded by Pearson, that all reference to inclusion of a downtown library being included in the Civic Center be stricken from the proposed •itract. MOTION: Councilman Arnold moved, and it was duly seconded, to refer the subject of a proposed contract with the architect to the Corn- mittee of the Whole for consideration when other Civic Center matters come before it. (motion to refer takes precedence) 1 407 11/7/66 AMENDMENT: Councilman Flint moved, seconder: by Pearson, that the matter be brought before the Committee of the Whole only when the staff report on the downtown library and community service cen- ter was ready for consideration. Mayor Dias asked if there were any objections to including Council- man Flint's amendment in the motion. There were none. The motion including the amendment carried on majority _voice __vote. Book Publishing Company Alreernent City Attorney Michalski referred to his letter of October 4, 1966 concerning the_agreement with Book Publishing Company and recom- mended an exteuoi - ° ii 30, 1947 of t e time allowed for uiiLii J uaL�c _ , :. ; _ .... i:: i codification of the Palo Alto Municipal Code. MOTION: Councilrnln Arnold moved, and it was duly seconded, to extend the agreement until Jui.y 31, 1967. The motion carried unanimously. MOTION: Councilman Flint moved, and it was duly seconded, to authorize the Mayor to amend the agreement in accordan,.e with the motion just carried and to execute the agreement as amended on be- half of the City. The motion carried unanimously. Claim for Dama es - Roy William Paul City Attorney Michalski referred to his letter of October 4 concerning the osier of itoy - lion -Yaisi-in the sum of $30, WO —regarding alleged injuries received in connection with his arrest and recommended the claim be denied in its entirety. 1 -le stated that since more than 45 days had passed since the claim wait filed it would be deemed denied. MOTION: Councilman Sher moved, and it was duly seconded, to table the matter. The motion carried on majority voice vote. E)...... .anwora. of Phase I Expressway Funds Councilman Cooley referred to his letter of November 2 requesting consideration of a resolution dealing with the exchange of Phase T Expressway funds for gas tax funds to be used on El Camino Real. MOTION: Councilman Cooley moved, and it was duly seconded, to consider the subject at the present time.. The motion carried unanimously. MOTION: Councilman Cooley introduced the following resolution and moved, seconded by Arnold, its adoption: Resolution No. 3933 entitled: "Resolution of the Council of the City of Palo Alto Requesting the Santa Clara County Board of Sopervisors to Exchange County Expressway Phase 1 Funds Allocated to the City of Palo Alto for an Equal Amount of Santa Clara County Funds." City Manager Morgan, stated that in the first "whereas" the first amount should be $5, 268, 000 instead of $6, 902, 000 and the second amount should be $1, 500, 000 in!:ad of $4, 000, 000. Councilman Arnold agreed to include these corrections in his motion. The resolution was adopted on the following roll call vote: Aye : Arnold, Cooley, Debs, Dias, Flint, Pearson, ,ss, Sher, Woodward, Worthington Noes: Rohrs Council Procedure MOTION: Councilman Worthington introduced the following ordinance and moved, seconded by Sher, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Section 2.103 of the Palo Alto Municipal Code Relative to Items of New Business." Discussion followed concerning the unanimous vote required to move forward items on the agenda as compared to the majority -vote re- quired to consider items riot on the agenda. MOTION: Councilmai: Rus moved, secorded by Woodward, to refer the resolution to the Planning and, Procedures C smmittee. The motion to refer failed on majority voice vote. The ordinance failed on the following roll call vote (seven votes re- quired): Debe, Dias, Flirt, Pearson, Sher, W rthington. Arnold, Cooley, Rohrs, Rus, Woodward. MOTION: Councilman Sher introduced the following resolution and moved, seconded by Worthington, its adoption: Resolution No. 3934 entitled "Resolution of the Council of the City of Palo Alto Amending Resolution 3864 Adopted January 10, 1966 Adopting Policy Guidelines for Council Procedure by Add- ing Iteca (g) Thereto Relating?. ;the Permissible Scope of an Agenda Item." 409 11/7/66 The resolution was adopted on the following roll call vote: Ayes: Arnold, Cooley, Debs, Dias, Flint, Pearson, Sher, Worthington. Noes: Rohrs, Rus, Woodward MOTION: Councilman Sher introduced the following resolution and moved, seconded by Debs, its adoption: "Resolution oI the Council of the City to Palo Alto AiiieiidIiag Resolution 3864 Adopted January 10, 1966 Adopting Policy Guide- lines for Council socedure by Adding Item (g) Thereto Relating to Points of Order." The resolution failed on the following roll call vote 4'seven votes re- quired): Ayes: Arnold, Debs, Flint, Pearson, Sher, Worthington Noes: Cooley, Dias, Rohrs. Rus, Woodward MOTION: Councilman Worthington introduced the follav, ing resolu- tion and moved, seconded by Sher, its adoption: "Resolution of the Council of the City of Palo Alto Amending Resolution 3864 Adopted January 10, 1966 Adopting Policy Guidelines for Council Procedure by Adding Item (g) Thereto Relating to the Exercise of Power to Call Special Meetings," The resolution failed on the following roll call vote: Ayes: Debs, Flint, Pearson, Sher, Worthington Noes: Arnold, Cooley, Dias, Rohrs, Rus, Woodward --MOTION: Councilman Sher lntradticed the —following resolution and moved, seconded by Worthington, its adoption: "Resolution of the Council of the City of Palo Alto Amending Resolution 3864 Adopted January 10, 1966 Adopting Policy Guide- lines for Council Prooedure by .Adding Item (g) Thereto Relating to Discussion Following Motions." The resolution failed on the following roll call vote (seven votes re- quired): Ayes: Arnold, Debs, Flint, Pearson, Sher, Worthington. Noes: Cooley, Dias, Rohrs, Bus, Woodward (Councilman Worthington left the Chambers at 9:28 p. rn. and did not return) 410 11/7/66 Packet Material Distribution MOTION: Councilman Debs moved, seconded by Fearson, that current sees of Council packet material (with the exception of per- sonnel and litigation items) be kept for reference at the three li- braries (College Terrace, Mitchell Park and the Main Library) and at City Hall. (Councilman Woodward left the Chambers at 9:30 p. m. and did not return.) Mr. J. P. Schwartz, 730 Bryant Street, Palo Alto, asked to have the material sent to the Downtown Library also. Councilman Debs agreed to include the Downtown Library in his motion. The motion carried on majority voice vote. (The Council recessed from 9:31 to 9:43 p.m.) Traffic - Ct.ar_ning and Kingsley Councilman Pearson referred to her letter of October 5, 1966 con- cerning excesRive speed of trafiic on Charming and. Kingsley Avenues, MOTION: Councilman Pearson moved, seconded by Flint, to refer the traffic problems outlined in her letter to the Planning and Pro- cedures Committee. The motion carried unanimously. Willow Road Pr opo sal Councilman Pearson read her letter of October 5, 1966 concerning the possibility of a compromise beingreached_941 conn...,a. ...ire.—___� improving and extending Willow Road. MOTION: Councilman Pearson moved, seconded by Debs, that the Mayor of Palo Alto be authori:.:'rd to invite Menlo Park and Stanford to join two Palo Alto cotuncilniier on a committee to explore the possibility of presenting a:tVillow Road proposal to the Mate Division of Highways which has the t nanitmous approval and support of these three jurisdictions. The motion carried on nsjaority voice vote. Cancellation of Lease v Peninsula Pheasant Huatin Club Councilman Pearson referred to her letter t,f October 5, 1966 con- cerning the hazards presented at the Bayland Center by hunters from the Peninsula Pheasant Hunting Club. 411 11/7/66 MOTION: Councilman Pearson moved, seconded by Rohrs, that the termination of the lease between the Peninsula Hunting Club and the City of Palo Alto be implemented with the I20 -day notice require- ment. MOTION: Councilman Cooley moved, seconded by Rus, that the sub- ject be continued until the staff report on the matter is before the Council. City Manager Morgan stated that he had no report on the agende and that his nicer of October 41 was for information only. Councilman Cooley, with the consent of Councilman Rus, then withdrew his motion to continue. City Manager Morgan stated that he. would recommend setting the cancellation date- for the lease as May 31..1967 -which is the date ending the club pheasant hunting season_ Councilman Pearson agreed to change the date from 120 days notice to May 31, 1967. AMENDMENT: Councilman Rohrs moved, seconded by Cooley, to amend the motion. to inr.lude foregoing sent for the last five months of the lease. In reply to question, City Attorney Mic'lalski stated that, while he would have to look at the lease, he believed that if proper notice was given to the Club, there should be no rental refund. Council- man Rohrs then withdrew his amendment with the consent of Coun- cilman Cooley. The motion to cancel the lease agreement with Peninsula Pheasant Hunting Club effective May 31, 1967 carried unanimously. Nature Trails Councilman Flint asked if it would be appropriate at the present time to bring up an item under "New Business" which was not on the agenda. Mayor Dias replied that he could do so. Councilman . Sher stated that since the meeting was a Special Meeting rather than a regularly scheduled one, only the items actually listed on the call for the meeting were appropriate. Mayor Dias stateei that in accordance with advice from the City Attorney and the Assistant City Attorney she would rule that Councilman Flint could bring up a non -agenda item under "New Business." CHALLENGE: Councilman Sher challenged Mayor Dias' ruling. The Chair was upheld on the following roll call vote: Ayes: Cooley, Dias, Flint, Rohrs, Rus. Noes: Arnold, Debs, Pearson, Sher Councilman Flint then asked City Manager Morgan about the purpose :of the drum -ping going on at the flood basin. Mr. Morgan replied that construction material is being brought in by trucks to stabilize fill in the area. 412 11/7/66 Written Communications Letter from State Division of Highwaj-s re El Camino Real Project MOTION: Councilman R 'nold moved, seconded by Rua, to file the letter. The motion carried unanimously. Letter from apartment d Vellers of 168 Waverley re Palo Alto requirements concerting swimming pools MOTION: Councilman Debs moved, seconded by Pearson, that the City Attorney be directed to prepare an amendment relating to fences around swimming pools to the Palo Alto swimming pool ordinance and submit it to the Planning Commission for re- view. Councilman Sher suggested the motion be that the amend- ment to the ordinance should read "requiring fences" slot' e- lating to fences." Councilman Debs agreed to chani a the wording in his motion. The motion carried unanimously. Letter from Gulf Oil Corporation re gasoline service station Mayor Dias stated that since issuance of building permits in the Middlefield/Lorna Verdi area had been suspended for 90 days until the question of rezoning has been resolved, there was rio need to consider the Gulf O;1 le*,ter at this time, Mr. George A. Deaposi to, -607 Wellsbury Way, Palo Alto, spoke -i pp_tlaeeeen_ to construction of a car wash at the Gulf Oil Station. Letter from Palo Alto Municipal F.rn2loyeee Assc.ciaticn Councilman Arnold suggested the letter thanking the Council for the recent salary increases to city employees be filed. Letter from Lynn A. Miller re Foothills Park City Manager Morgan stated that he had replied to Mr. Millar's letter concerning poison oak in Foothills Park and nothing fur - ther was required. Letter from League of Wornen Voters re Council pYoced.ure MOTION: Councilman Sher moved, seconded by Debs, that the letters of September 28, October 3 and October 19 from :hc League be referred to the Flanning and Procedures Committee for study and recommendation as to whether changes in Council procedural rules are needed. Mrs. J. B. Cobbs, President of the League of Women Vote fa, 1533 Dana, Palo .Alto, stated that the League is satisfied with 413 11/7/66 the Council action which has already been taken on this subject and, since the resolutions concerning procedure which had been considered earlier had not been sent to Planning and Procedures Committee, that the League of Women Voters would recommend the Council not take any action in connection with the letters re- ferred to in the motion. The motion failed on the following roll call vote: Ayes: Debs, Flint, Pearson, Sher Noes: Arnold, Cooley, Dias, Rohrs, Rus Adjournment There being no further business the Cc:. oil adjourned at 10:35 p. m. * * * * * * Regular Meeting of October 24, 1966 The Council of the City of Palo Alto met on this date at 10:36 p.m. with Mayor Dias presiding. Present: Arnold, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Rus, Sher Absent: Beaters, Comstock, Woodward, Worthington .Approval of Minutes Councilman Sher requested that the Minutes of October -3 be cur --= rected to show him voting "no" in the first roll call at the top ox' page 372. The Minutes of October 3, 1966 were approved as corrected. Mayor Dias requested ; that on page 304 of the Minutes of October 10, the following phrase be included following "advice" in the first p* a graph concerning the annual meeting of the Palo Alto -Stanford Hos- pital owners: "contingent upon such action by the Council." There were no objections. The Minutes of October 10, 1966 were approved with the addition requested by Mayor Dias. Denial of Use Permit - Seventh Day Adventist Church Planning Officer Fourcroy outlined the background of the Planning Commission recommendation to deny the application of the Seventh 414 11/7/66 Day Aci'.entiot Chi —h fora Lase Pi's rnit to alloy., the location and construction of a church and related facilities a; 4237 Manuella Avenue. MOTION: Councilman Pear. on moved, seconded by Flint, to up- hold the. :ecornmend..itlol, a.: the Planning Commission for denial of the use permit. MOTION: Councilman Rohrs moved, seconded by Arnold, to con- tinue the item until it can be confirmed that adequate notice.has been given of tht. date that the matter was to come before the Council. AMENDMENT: Councilman Arnold moved, seconded by Rohrs, that - the item be continued until Noven;be.r 28, 1966. Mi F . n lion ,mitts, 4225 Manuella Avenue; stated he had had ade- quate notice and was present and prepared to speak in support of the denial of the use permit. Mr. I' ran'. H. o..ven, 4256 `i no...11a Avenue, stated that he also had hici notice and wished to speak in favor of the denial of the use permiE.• Councilman Arnold .'.ithdre\v his amendment to continue until November 28 and Councilman Rohrs withdr v his motion to continue. Mr, Shu"s then spoke in support of the recon-rnendation of the Planning Commission. Mrs. Barbara Bowe:7, 4256 Manuella Avenue., stated that the neigh- borhood group in favor of the Planning Commission recornrnendaticn was a ;are the item was on the agenda and had requested that she, Shuts and Mr. George Conderi represent them at the Council meeting. Discussion hollowed concerning the fact that no ffi-c al -spokes nan for the: Church was present to speak in opposition to denial of the use permit. Miss May Robertson, member of the congregation ok the Seventh Day Adventist Church under discussion. stated that she did not represent the pastor or the congregation, but believed that the pastor might wish to speak in opirosi.tion of the denial. The rrnc:tion to uphold that Planning Cornrnission recommendation and d_.ny the application for the use permit carried on nialor'ity voice vote. Potential Land Use - El Camino Corporation Yard Planning Officer Four..roy stated that the unanimous recommenda- tion of the Planning Commission regarding potential land use and zoning of the EI Camino Corporation Yard was that mince the Corn- 415 11/7/66 mission is studying the downtown area which includes the C')rpora- tion Yard, and since the downtown parks study is a part of this downtown area, that the Commission will defer further discussion of tl.is item until more meetings with the Downtown Parks Con- sultant have been held. Civic Center Space Requirements MOTION: Councilman Rohrs moved the Public Works Cc,r-n,,,,:ttce reeo;a7meeiriiatiors that 4, 076 square feet be deleted from the space provided in the new Civic Center. MOTION: Councilrnan Sher moved, seconded by Debs, that the en- tire matter of space requirements be referred to the Cfrrnrnittee of the Whole session on the Civic Center. The motion failed on the following roll call vote: Ayes: Debs, Pearson, Sher Noes: Arnold, Cooley, Dias, Flint, Rohrs, it�s3 Following discussion on the main motion_, Councilman Arnold sug- See Page Bested the absence of a quorum. 444 Adjournment MOTION: Councilman Sher moved, and it was duly seconded, to adjourn to NNovernber 14, 1966. The motion carried on the following roll call vote: Ayes -Webs, Pearson, Rohrs, 1(us, Sher Noes. Arnold, Cooley, Dias, Flint The meeting adjourned at 11:20 p. m. APPROVED: ATTEST: