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HomeMy WebLinkAbout02261968City Hall Palo Alto; California February 26, 1968 The Council of the City of Palo Alto rnet on this date at 7:30 p.m. with Mayor Dias presiding. Present: Arnold, Beahrs, Berwald, Clark, Comstock, Cooley, Dias, Gallagher, Pearson, Spaeth, Wheatley Absent: None Approval of Minutes The Minutes of the Council Meeting of February 12, 1968 were approved. hearing - Tower Motel Annexation 1 --67 Mayor Dias declared the hearing on the Tower Motel Annexation 1-67 open, adding that notice of the hearing has been given as provided by law and affidavits of publication and mailing are on file in the Office of the City Clerk. City Clerk Kiamm reported that no written protests have been received and that the County of Santa Clara assessed valuations of the two pieces of private property involved are as follows: (1) lands of Byrtee Wallace - land $7, 250, improvements $4. 650; and (2) lands of J. Cyril Johnson and Town & Country Village, Ire. - land $1, 380, improvements - none. There being no one present who wished to speak, Mayor Dias declared the hearing closed. MOTION: Councilman Arnold introduced the following resolution and moved, seconded by Wheatley, its adoption; Resolution No. 4083 entitled "Resolution of the Council of the City of Palo Alto Finding and Declaring that a Majority Pro- test Has Not Been Made to the Annexation of Certain Unin- habited Territory Designated as 'Tower Motel Annexation 1-67' to the City of Palo Alto" The resolution was adopted on the following roll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Cooley, Dias, Gallagher, Pearson, Spaeth, Wheatley Noes: None MOTION: Councilman Arnold introduced the following ordinance and moved, seconded by Gallagher, its adoption: 45 2/26/68 Ordinance No. 2406 entitled "Ordinance of the Council of the City of Palo Alto Approving the Annexation of Certain Un- habited Territory Designated as 'Tower Motel Annexation 1-67' to the City of Palo Alto" The ordinance was adopted unanimously by voice vote. Dedication of Land by Subdividers MOTION: Councilman Beahrs introduced on behalf of the Planning and Procedures Committee the following ordinance and moved its approval for first reading: Ordinance of the Council of the City of Palo Alto Amending the Palo Alto Municipal Code by Adding Chapter 21.35 Providing for Dedication of Land, Payment of Fees, or Both, for Park or F:ecreational Purposes Discussion followed and Planning Officer Fourcroy and City Attorney Hildebrand replied to questions concerning the present method of financing City parks, and questions of constitutionality of the proposed ordinance. At the request of the Council, Mr. Fourcroy reviewed the background concerning the proposed ordinance and the difficulties which :night be encountered if it is :adopted. He also replied to questions put to him by Council mem- bers concerning specific examples. MOTION: Councilman Berwald moved, seconded by Wheatley, to return the proposed ordinance to the Planning and Procedures Committee for further review. The motion failed by majority voice vote, The proposed ordinance then failed on the following roll call vote. Ayes: Comstock, Pearson, Spaeth Noes: Arnold, Beahrs, Berwald, Clark, Cooley, Dias, Gallagher, Wheatley Equal Opportunity Clause in City Contracts MOTION: Councilman Beahrs rnoved, on behalf of the Planning and Procedures Committee, (1) that the Council support the principle of affirmative action programs as a basis for most responsible bidder; (2) that the Council direct the PAHRC to es- tablish in conjunction with staff and other interested parties, an approximate definition of affirmative action programs; and (3) that when the PAHRC deliberations are completed, they be returned to the Council in conjunction with appropriate ordinance prepared by the City Attorney's office. MOTION: Councilman Gallagher moved, and it was duly seconded, 46 2/26/68 that any member of the audience who wishes to speak may do so although there is a motion before the Council. The motion carried unanimously by voice vote. Rev, Dan Lion, 339 Kellogg, Palo Alto spoke in support of the motion. Stanley Puryear, President of Palo Alto/Stanford NAACP, 130 University 1 venue, Palo Alto, suggested that "most" in part (1) cif the motion should probably be "lowest,'' and spoke in support - of the motion. Mr. Puryear also replied to questions concerning the definition of "affirmative action." Mrs. Mary Ash, 469 Martinson Court, Palo Alto, spoke in support of the motion. Ken Croft, 741 '.Sapievnnod. Paler Alto, a representative of tht.-- z,lo Alto Den of:r:::sty, Chit), sp:,ke in support of the motion. 479 O'Keefe. East Palo :11tt', spoke in support the' iImc loll 13=-t- ' Kirsho. r, 23-10 Oberlin. Palo Alto, spoke in support of the riintion. There being; no en.7 c) se who wished to speak, .Mayor Dias declared the 1)L r)lic cl: scussion 1csed, (The Council recessed from 9:15 to 9:30 p: m.) MOTION: Councilman Wheatley moved, seconded by Spaeth. to reopen the puhlie discussion in order to permit anyone else= pre- sent w::.o wished to speak to do so. The rrioennoii <: aril+^d -r.:-cicE vote. Roger B enna.rt. Executive Secretary of the Construction Trades of Santa Clara and San Benito Counties, who resides at 2?_30 Han- over: Palo Alto, urged the Councl to withhold specific tics: until after the March 7 -meeting on the subject of equal employment is held by the Associated General Contractors. Mr. Brennan replied to questions from the Council concerning the proposed contractors` program, length of time which might be required to have it adopted generally, and the possibility- of conflicts, if cities act on their own without regard to the overall program being pro- posed. Henn.. Organ, 19130 Clark, "East Palo Alto, spoke in support of the motion. George Chippendale, 2241 Santa Ana, Palo Alto, spoke in support of the motion. 47 2/Z6/68 SUBSTITUTE MOTION: Councilman Ber.wald moved, seconded by Beahrs, that: 1. The City Council support the principle of "affirmative action" as a basis for determining the "lowest responsible bidder"; 2. The City Attorney be instructed to prepare an appropriate ordinance amending Sections 2. 30. 090, 2. 30. 091, 2. 30. 092 of the Palo Alto Municipal Code and Sections 7.03, Standard Speeifications, incorporating the City Attorney's amend- ments suggested in his Report to the City Council dated November 17, 1967 and further incorporating the following: (Section 2. 30. 090) - (language approximate) "7. Evidence that the bidder is, as a matter of policy and practice, pursuing an affirmative course of action to en- sure that „_npiicants are sought and employed, and that employees are treated during employment, without regard to their race, creed, color or national origin. a. Under this section, specific guidelines will be adopted by Council Resolution from time to time, identifying the nature and scope. of "affirmative action" desired by the City. b. Full compliance within such guidelines shall be expected of all contractors with regard for their ability to act reasonably in compliance thereto. c.. Such guidelines shall be made available to all contractors desiring to bid on City business." � eec ion 2.--20_: 91) — -win i---.�- , :..�.����t �-= sabsi:tu�tci follburieig for like Section p4 .of City Attorney's Report -- (language approximate) "2. 30.091 Certificate of Nondiscrimination. Each bidder shall enclose with his bid a certificate stating whether he is currently in compliance with all federal and State of California laws cove°ing nondiscrimination in employment, and whether he is pursuing an affirmative course of action as set forth in section 2.30.090, and that if awarded the contract, he will not discriminate in employment of any person under the contract because of race, creed, color or national origin of such person, and that he will agree, if requested, to participate in pre -award review of Ms qualifications under provisions of this section. The re- quirements of this section etc (Section Z.30.092) -- amend to be consistent with above sections; and 3. the C i t y Council direct the Human Relations Council to 48 2/46/68 establish in conjunction with staff and other interested parties appropriate guidelines of "affirmative actions" programs, such guidelines to be returned to the Council for adoption by resolution. Discussion continued and Councilman Wheatley replied to ques- tions from the Council concerning the position of a contractor who desires to comply with equal employment opportunity re- quirements and the difficulties he may encounter. The substitute motion then carried by majority voice vote. Expression of Appreciation - Armand Arrouzet (CMR 206) MOTION: Councilman A rnold introduced the following resolution and moved, seconded by Spaeth, its adoption: Resolution No. 4084 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation to Armand Arrouzet Upon His Retirement" The resolution was adopted unanimously by voice vote. Financial Assistance - Sewa e Treatment Works Construction MOTION: Councilman Arnold introduced the following resolution and moved, seconded by Comstock, its adoption: Resolution No. 4083 entitled "Resolution of the Council of the City of Palo Alto Authorizing the City Manager or Assistant City Manager to Execute Applications and Docu- ments for Financial Assistance Under a Federal Grant for Sewage Treatment Works Construction." The s e'soiu-turn was adopted unanimously by voice vote. Fire Zones - Tower Motel Annexation MOTION: Councilman Arnold moved, seconded by Comstock, the adoption of the following ordinance: Ordinance No. 2407 entitled "Ordinance of the Council of the City of Palo Alto Amending Secion 16.04. 190 of the Palo Alto Municipal Code by Establishing Fire Zones for the Property Known as the Tower Motel Annexation .1-67. (first reading 2/12/68) The ordinance was adopted unanimously by voice vote. Pre-Zoring-�`I'owe Motel Annexatic n Chanke of Zone - Residential Property Adjacent to Indu* trial/ Commercial Propery 49 2/26/68 Downtown Parking Councilman Comstock requested permission to move up the next two ordinances on the Agenda for consideration along with the one presently before the Council. There was no objection. MOTION: Councilman Comstock moved, seconded by Beahrs, the adoption of the following ordinances: Ordinance No. 2408 entitled "Ordinance of the Council of the City of Palo Alto Amending Section 18. 08. 040 of the Palo Alto Municipal Code Pre -Zoning Certain Property Known as Tower Motel Annexation 1- 67 to R-1, C -3:S, to-M:D and L -M A -D (first reading 2/12/68) Ordinance No. 2409 entitled "Ordinance of the Council of the City of Palo Alto Amending Certain. Sections of Title 18 of the Palo Alto Municipal Code (7cni.ng) to Protect R-1 and R-DUP iiistr:cis Adjacent to L -M, L -M:5, C-1, C-2 and C-3 Zones (first reading 2/12/68) Ovrdinanc. No. 2410 entiti=_d "Ordinance of the Council of the City of Palo Alio Amending Subsection (a) of Section 10.44.010 of the Palo Alto Municipal Code Authorizing the City Manager to Establish Parking R st rict:ons or Prohibitions for Limited Periods of Time (f: r st reading 2/12/68) The ordinances •,were adopted unanimously by voice vote. Junior Museum - Enlargement of Zoo Area MOTION: Councilman Pearson introduced the following ordinance, and moved, seconded by Clark, it.s apppc•zai tor first reading: "Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan to Enlarge the Zoo .Area of the Palo Alto JUnior Museum in Rinconada Park" The ordinance was approved ..nanimousy by voice vote. Department of Community Services (CMR 208) City Manager Morgan presented his report on a proposed Department of Community Services. MOTION: Councilman Pearson moved, seconded by Beahrs, to refer the report to the Finance: Committee. Mr. Morgan advised that the report more appropriately belongs in the category of matters assigned to the Planning and Pro- cedures Committee. CHANGE OF MOTION: Councilman Pearson changed her motion to refer the report to Planning and Procedures Committee. Councilman Comstock seconded the change of motion. 50 2/26/6.8 AMENDMENT: Councilman Arnold moved that the referral to the Planning and Procedures Committee include a request that the Committee consider the report at its March 12 meeting. Council- man Pearson, with the consent of her second, agreed to include the amendment in her motion. The motion as amended carried on the following roll call vote: Ayes: Arnold, Berwald, Clark, Comstock, Pearson, Spaeth, Noes: Beahrs, Cooley, Dias, Gallagher, Wheatley Proposed Department of Administration (CMR 205) MOTION: Councilman Clark introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4086 entitled "Resolution of the Council of the City of Palo alto Amending Resolution No. 4008 Adopting a Compensation Plan by .Adding a New Classification to the Administrative Salary Schedule" The resolution carried unanimously by voice vote. Bureau of Reclamation Power Supply Contract (CMR 46 and MOTION: Councilman Wheatley moved, and it was duly seconded, that the Mayor by authorized to execute the appropriate agree- ment to increase the City's contract rate of delivery of Bureau of Reclamation power to 120, 000 kilowatts. The motion carried unanimously by voice vote. - ------ -- -- -- --- - Pzoposed Arnendrnents to the Building Code (CM R- O9) MOTION: Councilman_ Pearson moved, seconded by Comstock, to refer the report on proposed amendments to the Building Code to the Public Works Committee to be considered at their meeting of March 5. The motion carried unanimously by voice vote. Bicycle Route East Meadow/ Cubberley Hi h School MOTION: Councilman Pearson moved, seconded by Comstock, that the staff study and prepare a safe bike route between East Meadow and Cubberley High School and bring it back to Council. The motion carried on the following roll call vote: Ayes: Arnold, Berwald, Clark, Comstock, Gallagher, Pearson, Spaeth, Wheatley Noes: Beahrs, Cooley, Dias 51 2/26/68 Sea Scout Base Location Councilman Cornstortk asked for a report from the Mayor concerning her meeting with members of the County Park and Recreation De- partment and representatives of the Sea Scouts concerning the location of the Sea Scout base. Mayor Dias advised ?.itrk of the requirements listed by Sea S.:out Commodore Downing, noted that the Yacht Harbor Lease is presently before the Board of Supervisors and stated that Dr. Downing plans to negotiate a lease. Adjournment There being no further business, the Council adjourned at 11:27 p. m. APPROVED Mayor ATTEST: