HomeMy WebLinkAbout05271968City Hall
Palo Alto, California
May 27, 19( 8
The Council of the City of Palo Alto met on this date at 7:30 p.m.
with Mayor Dias presiding.
Present: / rnold, Beahrs (arrived 7:40 p.m, ), Berwald,
Clark, Cooley, Dias, :Gallagher, Pearson, Spaeth,
Wheatley
Absent: Comstock
Approval of Minutes - May 6, 1968
The Minutes of the Council meeting of May 6, 1968 were approved.
Approval of Minutes - May 13, 1968
MOTiON: C;ouncilrnan Pearson moved, seconded by Arnold, that
an addition be made to the fourth paragraph on page 115 to
indicate that in reply to her question as to what recourse the
City might have if the City disagreed With the decision of the hospital
arbitration board, that City Attorney Hildebrand had replied
that the decision of the arbitration board would be binding on both
parties with regard to those provisions subject to arbitration;
with regard to other provisions, recourse can be had in the courts.
The motion carried unanimously by voice vote.
MOTION: Councilman Pearson moved, and it was duly seconded,
that on page 120, her proposed and unseconded amendment that
the number of beds for the courtesy staff be flexible so that it
would reflect any increase in Palo Alto population be inserted
following her other proposed amendment with was defeated.
The motion criedtia ni r.ous y by
vote.
'c7jF". ��ltiT.- vi3F.[i.
CORRECTION: City Clerk Klamm requested that the following
sentence which was inadvertentlyeftnitted on page 112 regarding
the ordinance concerning Project No. 63-9 be added: "The
ordinance was approved for first reading unanimously by voice
vote." There were no objections.
MOTION: Mayor Dias moved, seconded by Berwald, to rewrite
the paragraph an page 112 relating to a citizens committee to
accept art objects as follows:
Mayor Dias noted that there is an existing procedure for giving
art objects to the -city but it would be her hope that the proposed
committee look atthatprocedur,a to refine it; also ,t o ' draw
up the committee's responsibilities and the ways it might
function with their recommendations returned to the City
Manager and City Attorney for - review. She stated she would
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also hope this committee could be alerted to collections and
estates being broken up in the City, and would seek out and
bring to the City's attention art treasures and items of
historical significance. She concluded by stating that after
the basic groundwork has been established and placed before
the City, the committee might want to continue to serve
independently much as Friends of the Library and Associates
to the Junior Museum.
The motion carried unanimously by voice vote.
MOTION: Councilman Cooley moved, seconded by Dias, to add to
page 114 to the last line of the second paragraph regarding the
report of the Hospital Negotiating Committee the following: "in
regard to specific areas of concern and question."
The motion carried unanimously by voice vote.
The Minutes of May 13, 1968 were approved as changed and
corrected.
(Councilman Beahrs arrived at 7:40 p. m.)
Salaries of Council Appointed Officers
Mayor Dias announced that the first item on the Agenda relating
to salaries of Council appointed officers would be discussed 'in
executive session during the recess.
Hearing - Abaodonment of a Portion of Amarillo Avenue
Mayor Dias declared open the Hearing on abandonment of a
portion of Amarillo Avenue and requested that the record show
the City Cle=rk has on file an affidavit of publication of the notice
of Hearing.
City -Engineer Witbeck presented the Engineers Report, and there
being no one present who wished to speak, Mayor Dias declared the
Hearing closed.
MOTION: Councilman Wheatley introduced the following resolution
and moved, seconded by Berwald, its adoption:
Resolution No. 4124 entitled "Resolution a£ the Council of the
City of Palo Alto Ordering the Vacation of a Portion of Amarillo
Avenue and Reserving and Excepting from the Vacation an
Easement for Sanitary Sewers, Storm Drains and Public
Utilities Therein"
The resolution was adopted t aa►nimously by voice vote.
Hearing - Palo Alto Munici raI' Code Amendments (CMR 209)
Mayor Dias declared open the Hearing on Building, Plumbing and
Electrical Code amendments to the Palo Alto Municipal Code.
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City Clerk Klamm reported she has on file the affidavit of
publication of notice of the Hearing.
John Minges, 805 Piper, Sunnyvale, property owner in Palo Alto,
urged reconsideration of the previously proposed zoning stttdy
in the foothills pertaining to :ire hazard considered on May 6 before
final adoption of the proposed ordinance containing amendments
to the Code relating to regulation of roofing material used in the
foothills.
Emmet Fitzpatrick, 2486 Bryant, Palo Alto, also urged recon-
sideration of the proposed zoning study.
MOTION. Councilman Beahr : moved, seconded by Berwald, that
the staff be rquested to make a study of that area of the foothills
incorporated in the ordinance regulating roofing materials on
dwellings within the foothills to determine feasibility of having
certain zones which might belless restrictive, study to be returned
to Council.
Discussion followed and City Manager Morgan replied to questions
concerning possible content of such a study, noting that it could
possibly reveal that regulations regarding roofing materials should
be made more stringent in some areas of the foothills than is
presently proposed.
The ;notion carried or. the following roll call vote:
Ayes: ArnoldsBeahrs, Berwald, Clark, Cooley, Gallagher,
Spaeth. Wheatley
Noes: Dias, Pearson
MOTION:' Councilman Wheatley moved, seconded by Gallagher,
the adoption of the following ordinance:
Ordinance No,. __2436 entitled "Ordinance of the -Council of
the City of Palo Alto Ad -lending Chapters 16.04 (Building
Code), 16.08 (Plumbing Code) and 16. 16 (Electrical Cede)
of the Palo Alto Municipal Code by Incorporating Therein
the Uniform Building Code, Volume I and Volume II, (Uniform
Mechanical Code), 1967 Editions; Uniform Plumbing Code,
1967 Edition and National Electrical Code 1965 and Certain
Amendments Thereto" (first reading 5/6/68)
The ordinance was adopted uaa<riimously by voice vote.
Approval of Condominium Subdivision Map -
Everett Avenue/Bryant Street
MOTION: Councilman Clark introduced the following resolution
and moved, seconded by Gallagher, its adoption:
Resolution No. 4125 entitled "Resolution of the Council
of the City of Palo Alto Approving the Final Subdivision
Map of Tract No. 4511."
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5/27/68
The resolution was adopted on the following roll call vote:
Ayes: Beahrs, Berwalri, Clark, Cooley, Dias, Gallagher,
Spaeth, Wheatley
Noes: Arnold, Pearson
Parkette - Middlefield/Alma/Channing/
Embarcadero
MOTION: Councilman Wheatleymoved, on behalf of the Public
Works Committee, that a parkette be established in the sector
of the City between Middlefield, Alma, Charming and Embarcadero.
Mrs. Betty Musser, 405 Kingsley, Palo Alto, spoke in opposition
to the motion.
Michael Cullen, 409 Melville, Palo Alto, spoke in support of the
motion.
James Judy, 1061 Bryant Street, Palo Alto, spoke in support of
the motion,
AMENDMENT:- Councilman Gallagher moved that the props sed
parkette be established as the first of a citywide study to be
conducted by the staff. Councilman Gallagher withdrew his
amendment.
AMENDMENT: Councilman Gallagher moved, seconded by
Spaeth, to refer the matter to the Planning Commission for
review in light of an overall parkette study throughout the City.
The amendment failed on the following roll call vote:
Ayes: Beahrs, Cooley, Dias, Gallagher, Spaeth
Noes: Arnold, Berwald, Clark, Pearson, Wheatley
AMENDMENT: Councilman Spaeth moved, seconded by Beahr s,
to refer the matter to the Planning Commission in accordance with
Section 19 04.050 of the Palo Alto Municipal Code.
The motion carried by major ty voice vote.
Availability of Property - Downtown Area
MOTION: Councilman Wheatley moved, on behalf of the Public
Works Committee, that staff be directed to investigate the
availability of property in the area bounded by Weber, Bryant,
Melville and Lincoln and also the unimproved property located
on Cowper across from the Presbyterian Church.
AMENDMENT: Councilman Wheatley moved, and it was duly
seconded, to delete 'yin the area bounded by Webster, Bryant,
Melville and Lincoln and also the unimproved property.'
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5/27/68
The amendment carried by majority voice vote.
The motion as amended carried by majority voice vote.
Downtown Neighborhood Park - Waverley/
Kipling/ Everett/Hawthorne
MOTION: Councilman Wheatley moved, on behalf of the Public
Works Committee, that the block bounded by Waverley, Kipling,
Everett and Hawthorne be designated as the downtown neighbor-
hood park for the area north of University Avenue, that the staff
be instructed to make the appropriate investigation for land
acquisition,
The motion carried unanimously by voice vote.
(The Council recessed in executive session from 9:33 to
10:30 p.m. Councilmen Beahrs and Wheatley did not
return)
Salaries of Council Appointed Officers
Mayor Dias announced that the Council had determined in executive
session that the following monthly salaries would be paid
to the Council appointed officers effective July 1, 1968: City
Manager - $2,200; City Attorney - $1, 663; City Controller
$1, 550; City Clerk - $825; City Assessor - no change.
Minors in Billiard Rooms
MOTION: Councilman Spaeth introduced the following ordinance
and-ieeoved, on behalf of the Planning and Procedures Committee,
it4 approval for first reading --
"Ordinance of the Council of the City of Palo Alto Amending
Section 4.52. 040 Permitting Pool Rooms to Maintain the
Same Hours as Bowling Establishments for Minors."
The ordinance was approved for first reading unanimously by voice
vote.
Corngenastion Pian - 1968-69
MOTION: Councilman Cooley introduced the following resolution
and moved, on behalf of the Finance C ommittea, its 'adoption: • -
Resoluti.in No. 4126 entitled "Resolution of the Council of
the City of Palo Alto Adopting a Compensation Plan"
The resolution was adopted unanimously by voice vote.
1963-69 Budget
MOTION: Mayor Dias moved, seconded by Spaeth, that the Finance
Committee recommendation regarding the 1968-69 Budget be
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5/21/68
continued for consideration at the time of the public hearing on
the budget (June 10, 1968)
The motion carried unanimously by voice vote.
MOTION: Vice Mayor Arnold moved, and it was duly seconded,
that the public hearing date for presentation of the 1968-69
budget be set for 7:30 p.m., Monday, June 10, 1968 at the City
The motion carried unanimously by voice vote.
Report of Willow Road Committee
MOTION: Councilman Pearson moved, and it was duly seconded,
to continue considerations of the report of the Willow Road Committee
until ,Tune 3, 1968.
The :notion carried unanimously by voice vote.
Change of District, 4186 El Cassino Real
Change of Fire Zone, 4186 El Camino Real
Change of Fire Zone - 4176 Middlefield Road
oothiils Park Nature Interpretive Center
MOTION: Vice Mayor Arnold moved, seconded by Pearson,
the adoption of the following ordinances:
Ordinance No. 2437 entitled "Ordinance of the Council of the
City of Palo Alto Amending Section 18.08. 040 of the Palo
Alto Municipal Code Changing the Zoning of Certain Property
Known as 4186 El Camino Real from R-5 to C; 3:S and 0-A"
(first reading 5/6168)
Ordinance No. 2438 entitled "Ordinance of the Council of the.
City of Palo Alto Amending Section 16.04:190 of the Palo
Alto Municipal Code (pfficial Fire Zone Map of the City
of Palo Alto) By Changing the Property Rezoned from R-5
to C -3:S and O -A at 4186 El Camino Real from Fire Zone
13 to Fire Zone #2" (first reading 5/6/68)
Ordinance No. 2439 entitled "Ordinance of the Council of the
ity of Palo A to .mending the Official Fire Zone Map of
the City of Palo .Alto (Section 1601 of the Uniform Building
Code) By Changing the Fire Zone of the Property Located
at 4176 Middlefield Road from Fire Zone 3 to Fire Zone 2"
(first reading 5/13/68)
Ordinance No. 2440 entitled "Ordinance of the Council of the
City of Palo Alto Approving and Adopting a Plan for the
Remodeling of the Existing Barn into an Interpretive CaitAter
and Constructing a Maintenance Yard Facility in F,.othills
Park, Project No. 63-9" (first reading _5/13/68) '
The ordinances were adopted unanimously by voice vote.
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5/27/68
Special Assessment and Assessment
Bond Procedures
Or -
Miscellaneous Street Improvements
Project No. 67-3
al —
MOTION: Councilman Gallagher moved, seconded by Spaeth, to
continue the items relating to special assessment and assessment
bond procedures and to the Miscellaneous Street Improvements
Project No. 67-3 until the next Council meriting (June 3, 1968) .
The motion carried unanimously by voice vote.
Report on Bids - Willow Road/Pasteur Drive
ra is 5TgnaTWystemTCMR-2-'h)--
MOTION: Councilman Spaeth moved, and it was duly seconded,
to accept the low bid of Howard. Electric in the amount of
$13, 640 for the installation of the Willow Road/Pasteur Drive
traffic signal system and authorize the Mayor to execute the
contract.
1'Ze motion carried unanimously by voice vote.
Bryant Street Project
MOTION: Vice Mayor Arnold moved, and it was duly seconded,
that the item relating to the Bryant Street Project (former joint
Bank of America - City Project) be continued until the next meeting
June 3, 1968).
The motion carried unanimously by voice vote.
Resignation of Councilman Cooley
PP expressed the appreciation -of Mayer Dr ' exP a re
"n�'�T .__ :'v�� as the Council to Council-
--.__---
man Cooley for his -services to the City.
MOTION: Mayor Dias moved, seconded by Arnold, to accept
the resignation of Councilman Robert S. W. Cooley with extreme
regret, the resignation to become effective June 1, /968.
The motion carried unanimously by voice vote.
County Vehicle Tax Ballot Proposition
- MOTION: Councilman Gallagher moved, seconded by Spaeth, to
authorise the Mayor to address a communication to the Santa
Clara County Board of Supervisors expressing endorsement of
a "No'' vote on ballot Proposition A.
The motion carried unanimously by voice vote, with Councilman
Berwald abstaining.
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Council Procedure
Councilman Berwald referred to Title 2, Subsection (a) of Section,r
2. 04.050 - Agenda of the Palo Alto Municipal Code and inquired
as to distribution of a letter from a councilman to other Council
members concerning an Agenda item. City Attorney Hildebrand
called his attention to Section 2. 04. 220 - City Manager authorized
to process cou.ncii mail as amended December 11, 1967, which
covers written communication to the Council and states that
"Any written communication addressed to the City Council shall be
reproduced and distributed to tke City Council." He observed
that a rule of statutory construction provides that the specific
governs the general, and therefore, since there is a specific rule
regarding written communications, that is the rule which is applied
to them. He added that where the letter from a councilman is itself
an Agenda item in the "New Business's category, then, the letter
would be distributed as such and in accordance with the provisions
of Section 2. 04.050 - Agenda.
MOTION: Councilman Berwaid moved, seconded by Pearson, that
an interpretation of subsection (a) of Section 2. 04. 050 - Agenda
be determined and this matter be referred to the Planning and
Procedures Committee for such determination and report back
to Council.
SUBSTITUTE MOTION: Coune_l.:ian Spaeth znoved that whether
distribution should ale ; be made in the library packets of letters
from councilmen to the Council regarding Agenda or other items
could be optional with the councilman involved. The substitute
motion failed for lack of a second.
The motion failed on the following roll call vote:
Ayes: Berwald Pearson, Spaeth
Noes: Arnold. Clark, Cooley, Dias, Gallagher
Compensation Plan
City Manager Morgan thanked the Council on behalf of the staff
for the adoption of Resolution 4I26 relating to a new compensation
plan for City employees.
Written Communications
wr-
Letter dated 5/16/68 from Santa Clarat ty Flood Control
and Water District re nomination of are preventative to the
advisory committee.
MOTION: Vice Mayor Arnold moved, seconded by Pearson,
that the Mayor be authorized to name a member of the
Advisory Committee on behalf of the Council
The motion carried amanimously by voice vote.
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5/27/68
Letter dated 5/16/68 from Santa Clare County Flood Control
and Water District re nomination to the advisory committee
of the Northwest Zone.
MOTION: Vice Mayor Arnold moved, seconded by Gallagher,
that City Manager Morgan continue to serve as the City's
representative.
The motion carried unanimously by voice vote.
Oral Communications
Councilman Gallagher noted that a communication had been
receiv,:d from Mrs. Tim Seman, President of the League of
Women Voters, regarding support of Proposition P and
asked if anyone from the LWV wished to speak. There was
no one present who wished to do so.
Adjournment
There being no further business, the Council adjourned at 11:20 p. m.
APPROVED:
a
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5/27/68
Mayor
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