HomeMy WebLinkAbout08191968City Hall
Palo Alto, California
August 19, 1968
The Council of the City of Palo Alto met on this date at 7:30 p.m.
with Mayor Arnold presiding.
Present: Arnold, Beahrs, Berwald, Clark, Dias, Gullixson,
Pearson, Spaeth, Wheatley
Absent: Comstock, Gallagher
A�Sproval of Minutes
City Clerk Klamm requested that in the first motion, page 185
of the August 5 Minutes a correction be made to show the parcels
referred to are "1, 3 and 8."
There were no ohje :t1ons.
The Minutes of the Council Meeting of August 5 were then approved
as distributed.
Bay Conservation and Development Commission
MOTION: Councilman Clark moved; on behalf of the Planning and
Procedures Committee that the City Council convey the following
information to the BCDC and request that BCDC exempt from the
proposed per; -nit procerlure all publicly: -owned properties not
subject to tidal action which are legally dedicated for parks,
recreation and conservation purposes and which are being developed
for such purposes in accordance with formally adopted policies
of the local jurisdiction!
1. The City of Palo Alto owns fee title to approximately
'_-800 ^f lens en.roa_ mind flats and water. area:_ vvv--ata«-Ls:-:u,sscs,--...�_��
2. The City's officially adopted policy for the development
of the fsaylands as contained in the Palo Alto General
Plan is consistent with the purposes of the San Francisco
Bay Plan;
3. These lands have been legally dedicated for park, recreation,
and conservation purposes as required by Article VIII
of the Palo Alto City Charter (copy attached) and such
legal dedication is consistent with the purposes and
objectives of the San Francisco Bay Plan;
4. The Preliminary San Francisco Bay Plan proposes to
extend jurisdiction of BCDC (or successor) to shoreline
areas (areas not subject to tidal action) which in some
cases and jurisdictions would be as little as 100
feet inland but which in the case of the City of Palo Alto
property would extend up to some 7. 200 feet.
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To this end, it is recommended that a paragraph be added similar
to the following:
Where land, which would otherwise be subject to the jurisdiction
of BCDC, is already subject to the jurisdiction of a govern-
mental body and such land is (1) publicly -owned; (2) not
subject to tidal action; (3) legally dedicated for one or more
indicated priority use; and (4) which has been developed or
is committed by the governmental body to development in
accordance with one or more such priority uses, then such
land shall be outside the jurisdiction of the Bay agency so long
as such use 0." uses continue.
SUBSTITUTE MOTION: Councilman Pearson moved, that the
Council submit the Plai ring Commission resolution with the
proper changes to make it a combined resolution from the Planning
Commission and the City Council.
Mayor Arnold ruled the motion out of order, stating that the
recommendation of the Planning and Procedures is before the Council
and should be considered first,
Discussion followed as to whether or not there might be any conflict
between the two recommendations and the desirability of having
other cities follow Palo Alto's example in regard to park develop-
ment of the baylands.
AMENDMENT: Vice Mayor Dias moved that the resolution of the
Planning Commission be transmitted with the Committee recom-
mendation and with a letter from the Mayor.
Mayor. Arnold ruled the motion out of order; stating that the recorn-
`mend. tions of the Comrnittee and the Commission would each be
considered separately.
The motion then carried by majority voice vote.
MOTION: Vice Mayor Dias moved, seconded by Beahrs, that the
resolution of the Planning Commission be transmitted to BCDC
along with the recommendation of the Planning and Procedures
Committee just approved by the Council.
(NOTE: Planning Commission Resolution is as follows:
RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF PALO
ALTO TRANSMITTING TO THE CITY
COUNCIL ITS FINDINGS AND APPRAISAL
OF THE PRELIMINARY SAN FRANCISCO
BAY PLAN OF THE BAY CONSERVATION
AND DEVELOPMENT COMMISSION
WHEREAS, the Planning Commission of the City of Pato Alto
recognizes that the San Francisco Bay is a region -wide physical
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8/19/68
f
and ecological system which directly affects the environmental
quality, the weather, the public health, safety, and welfare,
and the natural resources of Palo Alto, and
WHEREAS, the Planning Commission advocates the preserva-
tion and development of the City's baylands for recreation,
nature preserves, and other public facilities, and
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8/19/68
WHEREAS, the Planning Commission has reviewed the Bay
Conservation and Development Commission's preliminary
San Francisco Bay Flail a ci t e BC!X" end its staff
for their dedicated efforts and the manner in which they have
worked with local jurisdictions to produce the studies, plans,
conclusions, recommendations, and preliminary policies within
the relatively short time they have had available, and
WHEREAS, the Planning Commission especially appreciates
BCDC's recognition of the outstanding value of tine Bay as
a habitat for wildlife,
NOW, THEREFORE, BE IT RESOLVED that the Planning
Commission endorses BCDC's concept of the Preliminary
San Francisco Bay Plan with the understanding that the policies
and programs will be subject. to further refinement and detailing
by BCDC or a succeeding continuing agency.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the
Planning Commission requests that. BCDC include on their
Plan the North County Shoreline Park.
Duly passed and adopted at a meeting held on the 14th day of
August; 1968:)
AMENDMENT: Councilman Pearson moved that the following be
added "and that the shoreline controls extend not less than
100 feet nor more than 1, 000 feet,"
The amendment failed for lack of a second.
The motion then carried unanimously by voice vote.
El Camino Ball Park
'erforrrsing Arts Center
Trails and Paths Plan
MOTION: Councilman Wheatley moved, seconded by Beahrs,
continsie the Public Works Committee recommendations regarding
El Camino Ball Park, the study of construction of a new perform-
ing arts center and the Trails and Paths Plan until the next meeting
(August 26, 1968).
The motion carried by majority voice vote.
3
Report of Charter Review Committee
Mayor Arnold expressed appreciation to the 'members of the Charter
Review Committee for their time and efforts expended on behalf
of the City in reviewing the Charter. Mayor Arnold then presented
plaques to the Committee members:
1
Dean R. Crerap, Chairman
Mabel .Ablard
Thomas Barry
Joe Ehrlich
Sue Flako11
Robert Horn
William Love
Adele Moreno
Etta Myers
John Porter
William Reller
Frank Roberts
1.ee Rodgers
Joe Yarkin
Dean Cresap, Chairman of the Charter Review Committee, thanked
the Council for the plaques on behalf of the Committee. Mr. Cresap
then outlined the recommendations in the report, noting that
the recommendation regarding the assessor's office, tax lien
date and deletion of reference to police judge had been submitted
to the voters and approved at the primary election, He added that
the only recommendation whi--h was a matter of Committee
controversy involved the recall ballot form. Mr. Cresap responded
to questions from the Council concerning details of the Committee
report.
Mayor Arnold stated that he had had a resolution prepared by the
City Attorney which contained four propositions embodying
all but the controversial item in the Committee report and suggested
-that each proposition-ise—considered-as-a-separate resolution, and, _-_-
if approved by the Council at this time, those approved could
qualify for the November General Election ballot.
MOTION: Mayor Arnold :roved, seconded by Berwald, that the
Council consider first approval of Proposition 1 with "accordance
with" as shown in the proposed resolution deleted and "amounts
provided by" substituted pursuant to thee statement by Chairman
Cresap that the Committee recommendation would be clarified by
the change.
(Proposed as follows:
Proposition 1
Shall Section 17 of Article Ill of the Charter of the City
of Palo Alto be amended to provide that compensation may
be paid to councilmen in amounts provided by general lave?)
MOTION: Councilman Pearson moved, seconded by Spaeth, to
refer the entire report to a Committee of the Whole.
The motion to refer failed on the following roll call vote:
Ayes: Pearson, Spaeth
Noes: Arnold, Seaters, Berwald, Clark, Dias, Gullixson,
Wheatley
MOTION: Councilman Wheatley moved, and it was duly seconded,
to heat from the public, although there is a motion before the
Council.
The motion carried unanimously by voice vote.
Mrs. Sylvia Seman, 3380 Middlefield Road, President of the League
of Women Voters? spoke in support of submitting Proposition 1
to the voters and in favor of compensation of councilmen.
AMENDMENT: Councilman E eahrs moved that if Proposition 1
fails, then the question be clarified in the Charter to the effect
specifically that persons serving as councilmen shall not be
paid.
The amendment failed for lack of a second.
The part of the proposed resolution submitting Proposition 1 to
the voters then failed on the following roll cal: vote (6 votes
required):
Ayes: Arneld, Berwald, Gullixson, Pearson, Spaeth
Noes: Beahrs, Clark, Dias, Wheatley
MOTION: Mayor Arnold moved, seconded by Clark, that the
Council consider next approval of proposed Proposition-
(Proposed as follows:
Proposition 2
Shall subsection p. of Section 6 of Article IV of the
Charter of the City of Palo Alto be amended to provide
that no purchase shalt be made without the approval
of the city manager and controller?)
The motion carried unanimously by voice vote.
MOTION: Mayor Arnold moved. seconded by Clark, that the,
Council consider next approval of proposed Proposition 3.
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8/19/68
(Proposed as follows:
Proposition 3
Shall Section 3 of Article VII of the Charter of the City of
Palo Alto be amended to provide that the order of listing
of names of candidates on the ballot shall be determined
by lot and to provide that the only designation associated
with the name of a candidate on the ballot shall be the
designation "incumbent" where such is the fact?)
MOTION: Councilman Gullixson moved, and it was duly seconded,
to refer the proposed proposition to a Committee of the Whole
hearing to be taken up with other matters related to it.
The motion to refer carried on the following roll call vote:
Ayes: Berwald, Gullixson, Pearson, Spaeth, Wheatley
Noes: Arnold, Beahrs, Clark, Dias
MOTION: Councilman Pearson moved, and it was duly seconded,
to refer proposed Proposition 4 to a Committee of the Whole.
(Proposed as follows:
Proposition 4
Shall Article VIII (relating to lands used for park and
conservation purposes) of the Charter of the City of Palo
Alto be amended to restate the substance of existing
Article VIII in language proposed by the Charter Review
Committee of 1968?)
The motion carried by majority voice vote.
MOTION: Vice_May or -Dias moved, _ seconded by Clark to yen -
alder the action to put proposed Proposition 2 on the ballot.
The motion carried by majority voice vote.
Discussion brought out that only ore rather minor change had been
approved for the November ballot, the others having been defeated
(Proposition 1) and referred to a Committee of the Whole (Pro-
positions Sand 4) and that it might be more desirable to consider
all recommendations at the same Committee of the Whole meeting.
MOTION: Vice Mayor Dias moved, seconded by Clark, to rescind
the action adopting the resolution to put Proposition 2 on the
ballot in November.
The motion carried by majority voice vote.
MOTION: Councilman Clark moved, and it was duly seconded to
reconsider action taken in regard to the defeat of proposed
Proposition 1.
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8/19/68
The motion carried by majority voice vote.
MOTION: Councilman Clark moved, and it was duly seconded,
to refer proposed Propositic:n 1 to the Committee of the Whole
along with the other proposed propositions.
AMENDMENT: Mayor Arnold moved, seconded by Beahrs, that
the Committee of the Whole meet on Thursday, August 22, 1968.
The amendment carried on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Dias, Gullixson
Noes: Clark, Pearson, Spaeth, Wheatley
The motionto refer as amended then carried by majority voice
vote.
(The Council recessed from 9:40 to 9:57 p.m.)
MOTION: Councilman Clark moved, seconded by Pear5::..t, io
reconsider the referral of the Charter Review Committee report
to a Committee of the Whole to be held on Thursday, August
22, 1968.
The motion carried on the following roll call vote:
Ayes: Arnold, Clark, Gullixson, Pearson, Spaeth,
Wheatley
Noes: Beahrs, Berwald, Dias
MOTION: Councilman Clark moved, seconded bl Pearson, to
rescind _the al -2 tlob reierrAng th— ntire Charter Review Committee
report to a Committee of the Whole to be held on August 22, 1968.
The motion carried on the following roll call vote:
Ayes: Arnold, Clark, Gullixson, Pearson, Spaeth,
Wheatley
Noes: Beahrs, Berwald, Dias
MOTION: Councilman Clark moved, sec )nded by Spaeth, that the
report of the Charter Review Committee be considered at a Special
Meeting to be held on September 30, 1968 at 7:30 p. m.
The motion carried on the following roll call vote:
Ayes: Arnold,Clark, Gullixson, Pearson, Spaeth,
Wheatley
Noes: Beahrs, Berwald, Dias
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8/19/68
Assessment Functions
MOTION: Councilman Pearson moved, seconded by Wheatley
the adoption of the following ordinance:
Ordinance No. 2452 entitled "Ordinance of the Council of the
City of Palo Alto Providing for the Transfer of Duties
Relating to Property Tax Assessment, Levy and Collection
Taxes, Special Assessments and Related Functions to the
County of Santa Clara; Amending Certain Sections of the Palo
Alto Municipal Code to Reznen a References to the Functions
and Duties of City Assessor" (first reading 8W68)
The ordinance was adopted unanimously by voice vote.
Public Employees Retirement System
MOTION: Councilman Wheatley moved, seconded by Pearson,
the adoption of the following ordinance:
Ordinance No. 2453 entitled "Ordinance of the Council of the
City of Palo Alto Authorizing an Amendment to the Contract
Between the City Council and the Board of Administration
of the California Public Employees' Retirement System'°
(first reading 8/5/68)
The ordinance was adopted unanimously by voice vote.
Regional Wastewater Treatment Works
M 1 3,9)
John Jenks, Jenks & Adamson, consultant engineer, stated he
was present anf offered to respond to questions from the Council
noting that he had evade a presentation of the report on the
treatment plant at the August 19 Council meeting.
Discussion followed and City Manager Morgan replied-o__q„estior -
concerning financial arrangements i i-connection with the treat-
meat pliant. In reply to question, Mayor Arnold stated that the
matter of the physical changes has been to the Planning Commission,
and City Attorney Hildebrand stated that the treatment plant is
in the Capital Improvement Plan which has been to the Planning
Commission.
MOTION: Councilman Pearson moved that the predesign report
for the Regional Wastewater Treatment Works be referred to the
Planning Commission.
The motion failed for lack of a second.
MOTION: Councilman Berwald moved, seconded by Gullixson,
that the report for the Regional Wastewater Treatment Works
submitted by Jenks .it Adamson be approved by the Council.
The motion carried unanimously by voice vote.
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8/19/68
MOTION: Councilman Berwald introduced the following resolution
and moved, seconded by Gullixson, its adoption:
Resolution No. 4153 entitled "Resolution Determining that the
Public Interest and Necessity Demand the Acquisition,
Construction and Completion by the City of Palo Alto of the
Following Municipal Improvement, to wit: Sewage Treatment
Facilities; and that the Cost of said Municipal Improvement
Will Require an Expenditure Greater than the Amount Allowed
Therefor by the Annual Tax Levy"
The reset t! war"
adopted. unanimously by voice vote.
MOTION: Vice Mayor Dias introduced the following resolution
and moved, seconded by Clark, its adoption:
Resolution No. 4154 entitled "Resolution of the Council of the
City of Palo Alto Requesting the Board of Supervisors
of SantaClara County to Provide for the Consolidatiox+of a
Special Municipal Bond Election with the State of California
General Election to be Held November 5, 1968"
City Clerk Klamm read a notice of date for submission of ballot
arguments, setting the date at 5:00 p.m., Friday, September
13, 1968.
MOTION: Vice Mayor Dias moved, seconded by Beahrs, that the
Mayor appoint two councilmen to write the ballot argument in
support of the bond issue measure.
The motion carried unanimously by voice vote.
Yacht Harbor Drediy Prograrn
James Pott, Director of the D+epa.rtment f tli.lic_�ar,...k..
_--_ ,. _:sew --
Santa Clara County, described the County's plan for dredging the
yacht harbor and the type of dredging required in that area.
Mr. Pott also relied to questions and referred to a wall map
in connection with details of the plan. In response to question,
he stated that on page Z, paragraph 2 of his letter of August
8, 1968 to City Manager Morgan "remove:" should be corrected
to "repair."
MOTION: Councilman Spaeth introduced the following ordinance
and moved seconded by Beahrs, its approval for first readies:
"Ordinance of the Council of the City of Palo Alto Approving
and Adopting a Plan for Dredging of the Palo Alto Yacht
Harbor"
The ordinance was approved for first reading unanimously by
voice vote.
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8/19/68
Mayor Arnold acknowledged receipt of a letter this evening from
Miss Lucy Evans.
Interim Cit Offrce Facilities (CMR:035:9)
MOTION: Councilman Clark moved, seconded by Bcahrs, to
approve the proposed plan for office space on an interim basis
and the mayor be authorized to sign a contract which will not
exceed $15, 000.
The motion carried unanimously by voice s'ote.
Electric y1,2and ite�ulations
(CMR: US6: 9)
MOTION: Vice Mayor Dias introduced the following resolution
and moved, seconded by Beahrs, its adoption:
Resolution No. 4155 entitled "Resolution of the Council of the
City of Palo Alto Amending Schedule F-5, Rules and
Regulations 12 and 13 and Adding Rule and Regulation
12A to the City of Palo Alto Utilities Rules and Regulations"
The resolution was adopted unanimously by voice vote,
Development of Corporation
morn' Property (CMR:ci37:9)
MOTION: Councilman Beahrs moved, seconded by Berwald,
to refer the report on proposals for development of the Corporation
Yard property to the Planning Commission for review to be re-
turned with their recommendations.
(Synopsis of discussion included below at the request of the Council)
Discussion followed concerning Council interest and concen for
the property in connection with good planning, population density,
traffic, its relationship to the General Plan, and public safety
as reflected in prospective need for police and fire service.
Discussion brought out also that while the original assignment
to the staff was to select and present the best five proposed'
development plans to the City Council which would then submit
the best three to the Planning Commission for consideration, per-
haps factors other than those normally considered in making
a selection of this kind should be taken into account. It was sug-
gebted that it be understood that all eight of the proposed develop-
ment plans might be considered by the Planning Commission and
that the review should be made not only from the conventional
planning view but from broad socio-economic aspects.
AMENDMENT: Councilman Spaeth moved, seconded by Pearson,
that the proposals also be referred to the Planning and Procedures
Committee for a comprehensive analysis and study of all eight
proposals.
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8/ 19,168
Discussion continued in regard to the Planning Commission being
on advisory body wh \se recommendations would be presented
to the Council.
The amendment was withdrawn by Councilman Spaeth with the
consent of his second.
The motion then carried unanimously by voice vote.
Animal Shelter. Relocation
1 Z7: 9 _
MO AION: Vice Mayor Dias moved, seconded by Gullixson, that
the staff in regard to relocation of the animal shelter be directed
to examine alternate No. 4 in the City Manager's report of
August 15, 1968 and report their finds to the Public Works
Committee.
The motion carried unanimously by voice vote.
Appointment of Assistant City Attorney
MOTION: Councilman Spaeth, moved, seconded by Beahrs,
to approve the appointment of Robert K, Booth, Jr. as
Assistant City .Attorney effective August 26, 1968.
The motion carried unanimously by voice vo*.e.
Tax Rate for 1968-69
MOTION? Councilman Berwald moved, and it was duly seconded,
to continue the item regarding the tax rate for 1968-69 until
the next Council meeting. (August 26, 1968)
The motion carried unanimously by voice vote.
Routing of FAI #280
MOTION: Mayor Arnold moved, seconded by Dias to file the
letter from Santa Clara County Board of Supervisors dated
July 26, 1968 re routing of FAI #280 (San Mateo County) from
northern city limits of Woodside to Ralston Avenue without
action.
The motion carried unanimously by voice vote.
Miscellaneous Division of Land -
2200 Amherst Street
MOTION: Councilman Berwald moved, seconded by Beahrs,
to uphold the Planning Commission and deny the appeal of
Thadeus Rozniatoweki regarding a denial of application for
Miscellaneous Division of Land at 22(34 ArnY erst Street.
Z04
8/19168
MOTION: Vice Mayor Dias moved, seconded by Spaeth, to hear
from the public, although there is a motion before the Council.
Mrs. McLaughlin, 2196 Amherst, spoke in support of the motion.
Mrs. Emily Baker, neighbor, spoke in support of the motion.
Lincoln Mitchell, attorney representing Mr. and Mrs. Rozniatow-
ski, spoke in opposition to the motion and presented a petition
listing property owners in the area who would approve granting
the application.
The motion carried unanimously by voice vote.
Written Communications
Letter from Stanford University dated August 14, 1968 re-
questing temporary utilities service to Medical Center
building outside Palo Alto city limits.
(Councilman Wheatley left at .11:42 p, m. , and did not return) .
MOTION: Councilman fieahrs moved, and it was duly sPc�:::eu
to approve an interim extension of Palo Alto utility services to
a temporary building being constructed as part of the Medical
Center, such building being outside of the City limits and
therefore requiring such authorization.
The motion carried unanimously by voice vote.
Letter from California Avenue Area Devolopmerre
Association dated August 12, 1968 regarding naming of
alleys.
MOTION: Councilman Spaeth moved, and it was duly seconded,
to refer the letter _to the Public Facilities Naming Committee.
The motion carried unanimously by voice vote.
Adjournment
There being no further business, the Council adjourned at 11:50 p.m.
APPROVED:
ATTEST:
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8/19/68
City Hall
Palo Alto, California
August 26, 1968
The Council of the City of Palo Alto met on this date at 7:33 p. m.
with Mayor Arnold presiding.
Present: Arnold, Beahrs, Berwald, Clark, Comstock
(arrived 9:00 p.m.), Dias, Gullixson, Wheatley
Absent: -
Approval of Minutes
Pe*r son, Spaeth
The Minutes of the Council meeting of August 12, 1968 were
approved as distributed.
Hearings Park Abandonment
Mayor Arnold declared open the hearing on discontinuance as a
public park of certain lands in connection with the Joint Sewage
Treatment Plant site.
City Manager Morgan, using thA exhibits on display, described
the relationship of the parcel of land involved and the significance
of the proposed abandonment.
There being no one present wishing to speak, Mayor Arnold
declared the hearing closed.
MOTION: Councilman Clark introduced the following ordinance
and moved, seconded by Beahrs, its adoption:
Ordinance No. 2454 entitled "Ordinance of the Council of
the City of Palo Alto Calling a Special Election to Submit
to the Electors the Question of Discontinuance of the Use
of Certain Lands as a Public Park, and Requesting Con-
solidation of Said Election with the 1968 General Election"
The ordinance was adopted unanimously by voice vote.
City Clerk Klamm read a notice of date for submission of ballot
arguments, setting the date at 5:00 p, in., Friday, September
13, 1968.
Mayor Arnold announced he would appoint two councilmen to write
the argument for the ballot.
Civic Center District Regulations
MOTiON: Councilman Beahrs introduced the following ordinance
and moved, seconded by Clark, its approval for first reading:
"Ordinance of the Council of the City of Palo Alto Amending
Chapter 18.79 of the PAMC ("-C Civic Center District
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