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HomeMy WebLinkAbout12121966459 12/12/66 City Hall Palo Alto, California December 12, 1966 The Council of the City of Palo Alto met in regular meeting on this date at 7:38 p. m. with Mayor Dias presiding. Present: Artold, Beahrs, Comstock, Cooley, Dcbs, Dias, Flint, Pearson, Rohrs, Rue, Sher Absent: Woodward, Worthington (arrived 7:40 p.m.) Ap royal of Minutes Councilman Sher asked that on page 443 "under preparation"' be corrected to "in the preparation of" in the item dealing with the yacht harbor lease. Mayor Dias requested that in her motion concerning .ABAG on page 432 the following words be inserted after "preliminary": "general plan for the nine Bay Area counties." The Minutes of November 21, 1966 were then approved as corrected. Location of Substation H Councilman Cooley, Chairman of the Finance Committee, stated that the Committee had met just prior to the Council meeting to consider the location of substation H and make. a recommendation to the Council concerning it. MOTION: Councilman Cooley nerved, on behalf of the Finance Com- mittee, that substation H be built on the presently planned site and that staff be instructed to put in screening of the type described in _-Committee this evening and also suggests that movable malls be put rap on r.,t least three sides as close to the substation proper as can be managed and still be able to work around it. W. E. Chapman, M.D. , 3583 Louis Road, Palo Alto, spoke in oppo- sition to the location recommended by the Finance Committee. Russell Targ, 3487 Greer, Palo Alto, spoke in opposition to the recom- mended location. Richard Stock, President of United Palo A.1tana, spoke in opposition to the recommended location also. Jack Uvodich, ; representative of Philco-Ford, 3825 Fabian Way, Palo Alto, stated that Philco has an urgent need for the power which would be supplied by substation H. 460 12/12/66 Lengthy discussion followed concerning comparative costs in time and money if the substation were to be located elsewhere and also as to how long the City's intent to 'guild the :;ubstation on the site in question had been known. MOTION: Councilman Debs moved, seconded by Pearson, to continue the matter pending a report from the staff on the feasibility of acquiring an alternate site and the feasibility of obtaining a firm bid for purchase of this site. _ Di3cussiozn followed concerning the length of time which might be re- quired to obtain a firm bid acceptable to the City, the position of the owner of any alternate site selected by the City and the staff reports already received by_ the Finance Committee. The motion to continue failed on the following roll call vote: Ayes: Comstock, Debs, Flint, Pearson, Sher Noes: Arnold, Beahrs, Cooley, Dias, R hrs, Rus, Worthington AMENDMENT: Councilman Debs mewed, and it was duly seconded, that staff be instructed to bring in estimates of the cost of additional land to provide for a 20 foot barrier on the three sides of the sub- station site. In reply to questioning, City Manager Morgan stated the City's approach would probably be to buy land on two sides and relocate the substation on the site in order to provide the barrier. Councilman Debs then changed his amendment to refer to the two sides involved. The amendment carried by majority voice vote. The moiion az amended carried on the -follow- ing roll call vote: Ayes: Arnold, Beahrs, Cooley, Dias, Flint, Rohrs, Rue, W or thington Noes: Comstock, Debs, Pearson, Sher Bns Service Councilman Cooley stated that the Finance Committee is returning to the Council all matters concerning bus service since the assign- ment given to the staff encompassed all current transportation studies. Dedication of Land for SchooleiPu.rposes Councilman Comstock stated that in his absence at the last Planning and Procedures Committee meeting, Councilman Pearson had acted as chairman and would give the Cornrnittee report. 461 12/12/66 MOTION: Councilman Pearson, on behalf of the Planning and Pro- cedures Committee, introduced the following ordinance and moved its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Ordinance 1316, the Subdivision Ordinance, by Adding Thereto Sections 3. 26 and 3.27 Providing for Dedication of Land for School Purposes." The ordinance was approved for first reading on the following roll call vote: Ayes: Arnold, Beahrs, Comstock, Cooly, Debs, Dias, Flint, Pearson, Rohrs, Sher, Worthington Noes: Res (Councilman Cooley left the Chambers at 8:44 p.m.) Time Lirr+it Parkirsg L.}ice ton, a owper grid University Councilman Pearson outlined the Committee discussion leading to the recommendation regarding time limit parking along Lytton, Cow- per and University. MOTION: Councilman Pearson, on behalf of the Planning and Proce- dures Committee, introduced the following resolution and moved its adoption: Resolution 3945 entitled "Resolution of the Council of the City of Palo Alto Amending Resolution 2971 to Establish Time Limitations for Parking Meter Zones." The resolution was adopted on the following roll call vote: Ayes: Arnold, Beahrs, Comstock, Debs, Dias, Flint, Pearson, Rohrs, Rus, Sher, Worthington Noes: None Dedication of Land for School Pur saes VallefinretitalgAMIlfer Councilman Pearson stated that the Planning and Procedures Com- mittee had prepared a motion in addition to the ordinance just approved for first reading in connection with the dedication of land for school purposes and asked to bring it up at the present time. MOTION: Councilman Pearson moved, on behalf of the Planning and Procedures Committee, that in addition to the recommendatio4 that the ordinance amending the Subdivision Ordinance be adopted. that the City Council go on record with the legislature as urging that a 462 12/12/66 better subdivision law be provided and also that the City -School Liaison Committee be consulted regarding a joint resolution to this effect to be sent to the legislators. The motion carried by unanimous voice vote. Went Bayshore Frontage Road Traffic Stud OT - --- behalf of the Planning and Proce- dures�ri411lt„t!�!: Councilman t•ears�ss, v+. .....,___ Committee, moved that the staff be directed to rnake an analysis of traffic generated by the industrial property on West Bayshore Frontage Read in the sector between San Antonio and Oregon, staff to report back to Council solutions for handling as it relates to the Frontage Road access to and from Bayehore and as it relates to in- filtration of traffic into residential areas with the additional recom- mendation that if an exhaustive technical study is indicated that this too be recommended and further that the staff be authorized to make an estimate of the cost of widening the entire West Bayshore Frontage Road, this study shall nott be directed at the inclusion of an additional interchange: between San Antonio and Oregon. It was further recom- mended that the staff be directed to investigate the possibilities of State and Federal aid for this purpose and also of using Phase T Ex- pressway money. Vernon Nicolson, 903 East Meadow Drive, Palo Albo, spoke in favor of a study. MOTION: Councilman Arnold moved, seconded by Beahrs, to con- tinue the matter w til the next Council meeting by which time the minutes of the Planning and Procedures Committee meeting of Decembor 5 will have be€bs diatributed. AMENDMENT: Cozen i1n ar Flint moved to continue the assignment to staff and that the portion concerning the Planning CoAnmission go directly to them. Following discussion with the City Attorney, Councilman Flint with- drew his motion. The motion to continue carried on the following roll call vote: Ayes: Arnold, Beahrs, Cooley, Dias, Flint, Rohrs, Rue Noes: Comstock, Deb.. Pearson, Sher,- Worthington County -wide Plannin Pro al Councilman Pearson stated that she would take up separately each part of the Ptanning and Procedure recommendation concerning County- wide planning. 463 12/12/66 MOTION: Councilman Pearson moved, on behalf of the Planning and Procedures Committee, that the Council's delegate to the Planning Policy Committee be requested to ask what size staff is going to be involved in the Planning Policy Committee, what size budget they will have and who pays for it and how. The motion carried on the following roll call vote: Ayes: Arnold, 5eahrs, Comstock, Cooley, Debs, Flint, Pearson, Sher Noes: Dias, Rohrc, Rus, Worthington MOTION: Councilman Pearson, on behalf of the Planning and Pro- cedures Committee, introduced the following resolution and moved g its adoption: Resolution 3946 entitled "Resolution of the Council of the City of Palo Alto Urging the Establishm::nt of a Planning Policy Committee by the Inter -City Cou.n: it of Santa Clara County." Discussion followed concerning the fact that a Planning Policy Com- mittee has already been established by the Inter -City Council. MOTION: Councilman Sher moved. seconded by Debs, to table the resolution. The motion t, table failed by majority voice vote. Disc us s ic,n followed in which it was agreed the resolution should be changed by the City Attorney to reflect the fact that the Planning Policy Committee has already been established and that the Council supports it. The resolution as amended was adopted on the following roll call vote: Ayes: Arnold, Beahrs, .ornstock, Cooley, Dias, Flint, Pearson Noes; Debs, Rohrs, Rus, Sher, Worthington MOTION: Coteaciiman Pear'ion moved, on behalf of the Planning and Procedures Committee, that the Council instruct the delegate to the Planning Policy Committee to try to have that Committee change the by-laws to reflect the following two Planning and Procedures Com- mittee recommendations: (1) an amendment of the by-laws that the Executive Committee of this body shall set regular meeting times and that adequate advance notice to all Planning Committee members of any regular or special meeting be given and that Executive Committee meetings shall be open to all members: and (2) an amendment of the by-laws of the Planning Committee that at the time of vote on aey issue which involves a major policy which affects a voting rnemher's jurisdiction, such voting member shall not cast his vote unless prior in.ifructions are received by said voting member from his jurisdiction. Following discussion, the Council voted on the recommendation (1) first. 464 12/12/66 The motion failed on the following roll call vote: Ayes: Comstock, Debs, Flint, Pearson, Rus, Worthington Noes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rus MOTION: Councilman Pearson, on behalf of the Planning and Proce- dures Committee, referred to part (2) of 1-.er motion directing the delegate to the Planning Policy Committee to attempt to have changes made in the by -Laws concerning instructing the delegate as to his vote. The motion failed by majority voice vote. MOTION: Councilman Flint moved in regard to Article III, Sections 1 and 2 that Section 2 be deleted and parts (a) and (b) included un.der Section 1, whereupon the planning representatives are given voting memberships in the Planning Policy Committee. The motion failed for lack of a second. (The Council recessed from 9:40 to 9:50 p.m.) Foothill$ Drainage Basins Planning Officer Fourcroy referred to the minutes of the Planning Commission meeting of November 30 and outlined the Planning Cc -;n - mission recommendation on page 2. MOTION: Councilman Comstock moved: seconded b;- Pearson, to uphold the recommendation of the Planning Commission as follows: I. The Planning Commission recommends to the City Council that it is urgent to adopt at this time a philosophy which will protect the creek beds from erosion caused by the in- creased waterflow resulting from increased development.. Thal we regard our creek beds as a natural asset and the moisture that fails on the hills as a -=aluable water re- source instead of as a drainage problem to be carried as quickly as possible to the bay. We find it desirable to maintain our stream channels without excessive erosion and scarring as positive natural open spaces. II. In addition, the Planning Commission recommends to t':e City Council to initiate a pilot study of headwater storage basins in respect to conservation of watersheds with these principal aims: 1. To retard peak flood runoff, reduci•ag the need for downstream channel construction. 2. To minimize downstream siltation. 3. To provide open natural areas. 465 12/12/66 4. To provide neighborhood recreational opportunities. 5. To facilitate fire control and prevention. 6. To enhance neighborhood property values and con- tribute to neighborhood stability. 7. To insure for posterity creek beds as open green areas 1:iced with ponds and green trees instead of drainage canals. III. Further, the Planning Commission requests the City Coun .il to jointly seek cooperation with the City of Los Altos, the Town of Los Altos Hills and the Black Mountain Soil Conservation District to initiate a pilot study under Public Law 566 to z.chieve the main purposes of: 1. Flood prevention. 2. Agricultural water development or utilization. 3. Agricultural drainage. And the seconaary purposes of: 1, Municipal eater. 2. Fish and wildlife development. 3. Recreation. 4. Pollution abatement. Planning Commissioner Brenner was present and replied toauestionu frorr inernbers on details of recommendation, stating that the Council would be setting the . heels in Notion for future actio=1 on the matter. The motion carried unanimously by voice Site and Desi n Control Application - _�. it Voorhies, Camino Real Planning Officer, Fourcrey referred to wall charts showing location and design of tn4 property at 4260 El Camino Real and stated the Plan- ning Commission recommendation was to approve the restaurant plan submitted by }lir. W. H. Voorhies. MOTION: Councilman Pearson r -,owed, recorded by Beahrs, to up- hold the recommendation of the Planning Commis::ion. Mr. Milton F. Jchnson, the architect Lepresenting'Mr. Voorhies, described the plan and circulated photographs of the property to the Council.' 466 12/12/66 The motion carried by unanimous voice vote. Change of District - 3941 Alma Street Planning Officer Fourcroy referred to wall plats of the property at 3941 Alma Street, drawing the Council's attention to differences in the recent plats provided by the applicant, Mary D. and Michael Fabbri, and those that had been approved by the Planning Commission. MOTION: Councilman Debs moved, seconded by Cornstock, to approve the plats ict which the Planning Commission recommendation for approval referred. Discussion followed concerning which plat was being approved, and in reply to questioning; Mr. Fourcroy stated that in his opinion, the appli- cant had presented his most recent plan and that is what would be up for approval, although the plan does not reflect the modifications recommended to the applicant by the Commission. Councilman Debs withdrew his motion with the consent of his second. Dwight Marsh, 110 Ely Place, stated it had been his understanding he would be advisee when the matter under discussion came before the Council as it had been continued in the past. Discussion brought out that the application presently before the Coun- cil was a new one. MOTION: Councilman Flint moved, and it was duly seconded, to con- tinue the matter until the exact plan being approved had been clarified by the Planning Officer. The motion to continue carried by unanimous void votes -- Tran rtaii.or Policy_Comnnittet Report - aw.� i sT.aws�lt FAr��1�IV. Phase II Expressway Pr oram Councilman Cooley stated that Council members had received the additional material he was asked to provide at the Council meeting of November 14 when the Transportation Policy Committee report was continued. and asked for instructions as the Council's representative to that Committee. MOTION: Councilman Sher moved, and it was duly seconded, to direct the delegate to the Transportation Policy Committee to urge the two positions which the Council has taken on the -Phase II Express- way Program: (1) urge the Board of Supervisors to postpone the en- tire Phase U Expressway Program until the mass transit study is rompleed; or (2) exclude Palo Alto from the Phase II Expressway Program. 467 12/12/66 Discussion followed concerning the draft of a resolution regarding the Phase II Expressway Program which was included with the additional material furnished to Council members and whether or not it would be introduced. or was a model resolution on the subject. Councilman Flint stated that the motion was out of order as he be- lieved the resolution should be before the Council as the report from the delegate. Mayor Dias ruled that the motion was in order. CHlaiLLENGE: Councilman Flint challenged the ruling. The ruling was upheld by majority voice vote. Charles Ludwig; 154 Ten y,.on, Palo Alto, asked to speak c-rs the resolution. Mayor Dias explained that the resolution Fear' not before the Council at the present time and v•ould not be unless a Council member int:o- duc ed it. Mr. Ludwig the:-. asked the Council to move slowly in regard to the Phase II Expres:way Program. Further di:cussio n followed concerning Palo Alto's position in regard to the Phase II Exp.:ess way Program. Mr. E. J. Nicolson, 2707 Greer, Palo Alto, objected to the Council taking up matters not described in greater detail in the Council Agenda and in the Agee, a Digest publiss.,ed in th.t Palo Alto Times. Mr. Tom Passel', 3825 Louis Road, Second Vice President, United Palo Aitans, spoke on beh.; if of the Executive Committee of his group in #avor of the motion. l'- to -inquiry fro Council members, he stated the vote had bean_ -reply tom9 Y m 3 to 1 among the four Execut,-'e Committee members present at the time the subject had been considered. He replied to further question- ing from members of the Council. AMENEMENT: Councilman Arnold moved, Decor led by Rohr e, to strike part (2) of the motion referring to the exclusion of Palo Alto from the Phase II Expressway Program. (Councilman Cooley left the Chambers at 11.00 p.m.) The amendment failed on the following roll call vote: Ayes: Arnold, Dias, Rohr s Noes: Beahrs, Comstock, Deb., Flint, Pearson, Rua, Sher, Worthington (Councilman Cooley returned at `11:09 p. m. ) �1 468 12/12/66 The motion then failed on the following roll call vote: Ayes: Comstock, Debs, Flint, Pearson, Sher, Worthington Noes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rus Dwight Marsh, 110 Ely Place, Palo Alto, asked to read the resolution contained in the additional material furnished to Council mernber3. Mayor Dias stated that the draft resolution was posted in the Council Chambers, but because of the interest evidenced by the audience, she would ask the Clerk to read it. Mrs. Klamm re.ac the resolution. ABAG Report Mayor Dias referred to her letter of December 8 and asked if the Council wished to hear seer report on the recommendations of the Goals and Organization Committee of the Association of Bay Are Govern- ments since it was not on the Agenda. MOTION: Councilman Comstock mo•red, seconded by Rus, to hear the ABA G report. The motion passed by unanimous voice vote. MOTION: Councilman Comstock moved, seco&cd by Pearson, that the delegate to ABAG reaffirms the Council's previous stand with re- gard to amendments and representation on the Execneive Committee in particular, the r,zinimom acceptable standard being the Council's suggested amendment. Mayor Dias reported the GO Committee has recommended "Alternate 3" in their report of November 30, 1966, basing Executive Committee membershiv on a nroportionel bagin among nine bay _ -- area counties, Councilman Comstock stated he preferred "Alternate 2" in the same report, and, with the consent of his second, changed his motion to include "Alternate 2" as the miniraum standard acceptable. The motion failed on the following roll call vote. Ayes: Comstock, Debs, Flint, Pearson, Sher Noes: .'.rnold, Beahre, Cooley, Dias, Rohrs, Rus, Worthington Councilman Sher revue Jted a statement from Mayor Dias as to her proposed course of action at both the Executive Committee meeting and the General Assembly in view of the lack of instruction from Council. Mayor Dias replied she believes there is stzorll feeling on the Council for "Alternate Z", so she would do everything possible to have it accepted. but would not feel bound to vote against the pro- gram if it is not acceptable to the rest of the membership. 14 469 12/12/66 Council Procedure - Unfinished Business MOTION: Councilman Comstock moved, and it was duly seconded, the adoption of: Ordinance No. 2324 entitled "Ordinance of the Council of the City of Palo Alto Amending Section 2. 104 of the Palo Alto Municipal Code Providing for the Manner of Handling Un- finished Business." The ordinance was adopted on the following roll call vote: Ayes: Arnold, Beahrs, Comstock, Cooley, Debs, Dias, Flint, Pearson, Sher, Worthington Noes: Rohrs, Rus Truck Routes - Foothill Expressway and Skyline Boulevard MOTION: Councilman Arnold moved, seconded by Beaters, the adoption of: Ordinance entitled "Ordinance of the Council of the City d Palo Alto Amending Subsection (c) of Section 19. 132 of the Palo Alto Municipal Code by adding Foothill Expressway and Skyline Boulevard as Through Truck Routes." The ordinance failed on the following roll call vote: Ayes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rus Noes: Comstock, Debt, Flint, Pearson, Sler, Worthington TEL... 7 "" - Alto, . � — -_ . - -John Lomax, -R min �i -urn eia, 1jaio Aito spike c ►ticerning the City police being able to enforce the law in the parts of the express- way under Palo Alto's jurisdiction. A orient MOTION: Councilman Arnold moved, seconded by Beahre, to adjourn. The motion failed on majority voice vote, (Co►incilmen Arnold and Cooley left the Chambers at 11:40 and did not return.) Billiard and Pool Rooms, Card Rooms, Bowling Alleys - City Attorney Michalski referred to his letter of December 8 concern- ing a proposed billiard and pool room ordinance attaching two suggested 470 12/ 12/66 revisions to Chapter 9 of the Municipal Code regarding billiard rooms etc. He suggested the draft ordinance shown as Exhibit "A" could be passed without fuL,ther committee referral as an interim measure, and the draft ordinance shown as Exhibit "B" might be referred to committee as it represents major changes. MOTION: Councilman Comstock introduced the following ordinance (Exhibit "A") and moved, seconded by Pearson, its approval for first reading: Ordinance entitled "Ordinance of the Council of the City of Palo Alto Amending Chapter 9 of the Palo Alto Municipal Code Regu- lating Billiard and Pool Rooms, Card Rooms, and Bowling Establishments. " The ordinance was approved for first reading by the following roll call vote: Ayes: beahrs, Comstock, Debe. Dias, Flint, Pearson, Rohrs, Rue, Sher, Worthington Noes: None MOTION: Councilman Comstocr moved, seconded by Pearson, to send the draft ordinance shown as Exhibit "B" to the Planning and Procedure Committee for study. The motion carried unanimously by voice vote. Claims Procediu e City Attorney Michalski referred to his letter of December 7, i966 attaching a proposed ordinance relating to the procedure in payment of claims and replied to questions from Council members concerning details of the proposed ordinance. MOTION: Councilman Sher introduced the following ordinance and moved its approval for first reading subject to the following changes: (1) that paragraph (cj of Section 2 be deleted; and (2) that paragraphs (d) and (e) be renumbered as (c) and (d). The motion was seconded by Councilman Debs. 'the ordinance failed on the fo?.lowing roll call vote: (seven votes required) Ayes: Comstock, Debs, Flint, Pearson, Sher, Worthington Noes: Beaters, Dias, Rohrs (Councilman Rua left the Chambers at :50 p. m. and did not return.) 471 12/12/66 Fire Code Councilman Rohrs referred to the letter from City Attorney Michalski of December 12 relating to the Uniform Firm Code and asked to bring up the Public Works Committee recommendation concerning the Fire Code at the present time. MOTION': Councilman Rohrs moved, on behalf of the Public Works Cornrnitee, that the matter of the Fire Code be considered "at -the----_. present time. The motion carried by unanimous voice vote. MOTION: Couleciiman Robbrs introduced the following ordinance and moved on behalf of the Public Works Committee its approval for first reading: Ordinance entitled "Ordinance of the Council of the City of Palo Alto Amending Chapter 17 of the Palo Alto Municipal Code and Adopting the Uniform Fire Code," The ordinance was approved for first reading by unanimous voice vote. Airport and ;r cht Harbor 4Jreernents Councilman Dehs requested unanimous consent to move up the item the Agenda re ating to the airport and yacht harbor agreements for consideration at this time. Councilman Beaters objected. Traffic Engineering Stud - Embarcadero/ EICan=.ino_ R ea] City Manager Morgan referred to his letter of December 6 regarding engineering services concerning a traffic study on Etnbarcadero Road between El Camino Real and Emerson Street. MOTION: Councilman Comstock moved, seconded by Beahrs, to appao.ie th-e contract and authorize the Mayor to execute it on behalf ofthe City. Discussion followed concerning the inclusion of Churchill Avenue. MOTION: Councilman Beahrs moved, and it was duly seconded, to continue the matter until April 1967. MOTION: Councilman Rohrs moved, seconded by Beaters, to table the matter and take it up at some later date. The motion to table carried by majority voice vote. 472 12/12/66 Bus Service Contract MOTION: Councilman Comstock moved, seconded by Beahrs, to approve the proposed contract extension with Peninsula Transit Lines and the Mayor be authorized to execute the amendment on behalf of the City. The motion carried by unanimous voice vote. Engineerin Services - Oregon/Bayshore Pedestrian Overpass MOTION: Councilman Comstock moved, seconded by Rohre, to approve the proposed agreement with Warren and Seibert for the preparation of the final plans and specifications for the Oregon/ Bayshore Pedestrian Overpass and that the Mayor be authorized to execute the agreement on behalf of the City. The motion carried by unanimous voice vote. Weed Abatement Discing Contract MOTION: Councilman Sher moved, seconded by Beahrs, to approve the proposed two year contract with C. 3. Simms Company on the basis of the estimated quantities and unit prices bid for this alter - nate, and that the Mayor be authorized to sign the agreement on behalf of the City. The motion carried by unanimous voice vote. Resolution ofA reciation - Cecil S. Riley City Manager Morgan referred' to the proposed resolution of appee=- ciation for Cecil S, Riley, _former Aa___tant City Manager, who has recently become Assistant City Manager of Oakland. MOTION: Councilman Rohrs introduced the following resolution and moved, seconded by Bea.hrs, its adoption: Resolution 3947 entitled "Resolution of the Council of the City cf Palo Alto Commending Cecil 3. Riley for Excellent and Loyal Service of the People of Palo Alto." The reso).ution was adopted on unanimous voice vote. Clairn for Damages - Ellen Pfobi City Attorney Michalski referred to his report of November 29 con- cerning a claim for damages in the amount of $6, 000.from Ellen Pfohi in connection v'ith'injuries sustained when her motor scooter 473 12/12/66 alledgedly skidded on loose dirt and gravel. He recommended the claim be denied. MOTION: Councilman Beahrs moved, seconded by Rohrs, to deny the claim of Ellen Pfohl in the amount of $6,000 in its entirety. The motion carried by unanimous voice vote, Councilman Flint ab- staining. Alcoholic Beverage License - Stickney' Hiick'ry House City Attorney Michalski referred eo his letter of December 5 con- cerning an application for Alcoholic Beverage License by Stickney Enterprises for its restaurant at 855 El Camino Real. He stated that there is no legal ground for protest and recommended the appli- cation be filed. MOTION: Councilman Rohrs moved, seconded by Beahrs, to file the application without protest. The motion carried by majority voice vote, Councilman r lint asking to be recorded as voting "No." Airport and Yacht Harbor A err_e:rts City Attorney Michalski referred to his letter of December 7 attaching drafts of the proposed yacht harbor and airport leases, stating that copies of the drafts had been sent to the County Counsel and he ex- pected t.l have the Counsel's comments shortly. MOTION: Counrilnaan aeahrs ;moved; -seco* ed by Rohrs, to con- _ timie considera+ on of the agreements until the first regular meeting________ in January, Discussion followed as to whether or not the agreements should be sent as they are drafted directly to the Board of Supervisors. The motion to continue both agreements failed by majority voice vote. MOTION: Councilman Sher moved, seconded by Comstock, to approve for presentation to the Board of Supervisors the proposed airport lease with the following changes: That paragraph 6(a) be amended to read as follows: E'6. Deveicpment of Property (a) County shall develop the premises in accordance with the master plan set forth as Exhibit C, attached hereto, except as modification may be approved by the Federal Avia- tion Agency and any other regulatory agencies having juris- diction. and may make such alterations to existing improve- 474 12/12/66 ments and buildings owned by City as are necessary for the development of the property in accordance with the master plaA, provided that prior to the commencement of construction of any substantial building, construction, reconstruction or development upon said premises in accordance with said master plan set forth it Exhibit B, or otherwise, County shall submit plans for such building, construction reconstruction or development to the City Council of City for approval. Such plans shall be prepared in such a manner e,nd with sufficient detail and particularity to show, as applicable, the nature, function, size, extent and general appearance of the proposed project. Any change in the plan shall be prepared in the same manner and be subject to approval by the City Council of City. Alterations shall include the demolition or removal of improve- ments and buildings." That a new subparagraph (h) be added to paragraph 6 to read as follows: "(h) City and County will jointly determine a master theme for construction and City will retain architectural con- trol over all structures and approve plans for same to be !.ocated on the leased premises." The motion carried unanimously by voice vote. MOTION: Councilman Sher moved, and it was duly seconded, to approve the yacht harbor lease as presented with the following cnn- ditions 7, (1)reference to the duck pond in paragraph 6(6:) should be included in accordance with the latest Council action using the language suggested by the City Attorney, to wit: "Plans for development of the premises by the County shall be coordinated with the City's plans for development of the duck pond"; (2) inclusion of the. maximum amount o:f. dredged :material produced by non - hydra yn.+.... �r_....E__ _. a _\_ may L__ • - • _ i hydr�. ,..1� m���->�=z�L-:.:� �� ir,' Tir.tli.r iYi� t+G c�� �iIICa at -sites near the yacht harbor; (3) that the prospectives users, e. boat owners, be permitted to look over the plans at a Conninittee meeting and make comments or suggestions; (4) that the roads remain in the City - that is, City streets. Discussion followed as to whether or not the two leases were to be submitted at the same time to the Board of Supervisors. MOTION; Councilman Rohrs moved, seconded by Beahrs, to continue the matter. AMENDMENT: Councilman Comstock moved, and it was duly seconded, that while the yacht harbor lease is being continued, the staff be directed to prepare a revised yacht harbor lease including the four points mentioned in Councilman Sher's motion and suggest possible dates for discussing it. With the consent of his second. Councilman Rohrs agreed to include the amendment and added that the transmittal of the airport lease was to be held up until the yacht harbor lease had also been approved. 475 12/12/66 AMENDMENT: Councilman Sher moved, a►nd it was duly seconded, that before the yacht harbor lease is returned to Council, it be referred to the Public Works Committee for discussion of the Master Plan and recommendation back to Council. The amendment carried by majority voice vote. The motion to continue as amended carried unanimously by voice vote. Adjournment MOTION: Councilman Rohrs mov,!d, and it was duly seconded, to adjourn. The motion failed on the following roll call vote: Ayes: Rohrs, Sher, Worthington Noes: Comstock, Debt, Dias, Flint, Pearson MOTION: Councilman Flint moved, seconded by Worthington, that the meeting of December 27, 1966, be cancelled. The motion carried by unanimous voice vote. MOTION: Councilman Flint moved, seconded by Worthington, to adjourn to January 3, 1967. The motion carried by majority vnicf,�•_�.,, The Council adjourned at 12:4.3 a.m. APPROVED: Frances K. Dias Mayor ATTEST: