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09101968
City Hall Palo Alto, California September 10, 1968 The Cov'ncil of the City of Palo Alto met on this date at 7:30 p. m. with Vice Mayor Dias presiding. Present: Berwald, Comstock, Dias, Gallagher, Gullixson, Pearson, Spaeth, Wheatley (arrived 8:00 p. m.) Absent: Arnold, Beahrs, Clark A pi'" oval of Minutes The Minutes of the Council meeting of August 19, 1968 were approved as distributed. Use of Funds Derived from Sale of City's Interest in Palo Alto -Stanford Hospital Center Councilman Berwald presented the report of the Finance Com- mittee on their consideration of the possible uses of the 31, 000, 000 derived from the sale of the City's interest in the Palo Alto -Stan- ford Hospital Center. MOTION: Councilman Berwald moved, on behalf of the Finance Committee, that funds now in the Unappropriated Balance of the Capital Improvement Fund not be encumbered or used for any purpose or project until all projects currently approved by the City Council are assured of adequate financing; this policy to be reviewed again in conjunction with review of the 1969 Capital Improvement Program. The motion carried unanimo,taly by voice vote. Ch nge-of District - Manuela Avenue MOTION: Councilman Pearson moved, seconded by Comstock, to uphold the recommendation of the Planning Commission that there be no change on the subject of its initiative to reconsider an application for a change of district of property known as 4192, 4207, 4217 and 4237 Maauela Avenue. The motion carried unanimously by voice vote. Change of District - El Camino Annexation No. 7 MOTION: Councilman Gallagher introduced the following ordinance and moved seconded by Comstock. its approval for first reading: "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 City and County -Owned Property to P -F and Establishing the Zoning of the Property Known as El Camino Annexation No, Between Curtner and Maybell as C -3:S" The ordinance was approved for first reading unanimously by voice vote. Miscellaneous Division of Land - Lowell Avenue/Emerson Avenue MOTION:_Councilman Pearson moved, seconded by Comstock, to uphold the recommendation -en the._PlanningCommission and approve the application of Lawrence Spitters and Harry Creech for a Miscellaneous Division of Land located at 215 Lowell Avenue and 1637 Emerson Avenue, lot 20, Block 11, Seale Addition No. 2. The motion carried unanimously by voice vote. City Park Names MOTION: Councilman Spaeth *roved, and it was duly seconded, that the Council adopt the names for City parks submitted in the September 5, 1968 report of the Public Facilities Naming Com- mittee as follows: Present Designation Eton Parkette Berkeley Parkette Hampton Parkette Hollywood Parkette Stockton Park Meadow Park Official Name WILLIAM C. WERRY PARK DONALDINA M. CAMERON PARK FREDERICK W. WEISSHAAR PARK MAYFIE1 PARK HENRY W. SEALE PARK DON JESUS RAMOS PARK and also that the Mayor be directed to write a letter of appreciation to Mrs. Pauline Thompson, daughter of Don Jesus Ramos, who presently lives in Palo Alto. The motion carried unanimously by voice vote. Coro Foundation Interns Vice Mayo= Dias announced that the members of the Coro Founda- tion Internship in Public Affairs for 1968-69 were present and welcomed them to the City on behalf of the Council. Vniversit Avenue District Off -Street 1Pf sro. :5Z) MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Gulliacso», its adoption: 214 9/10/68 Resolution No. 4158 entitled "A Resolution Directing Changes in Assessments and Ordering a Cash Refund, University Avenue Distr'ct Civic Center Off -Street Parking Proiect No. 66-8" The resolution, was adopted unanimously by voice vote. California Avenue Area Parkin Project No. MOTION: Councilman Berwald introduced the following resolution and :roved, seconded by Comstock, its adoption: Resolution No,. 4159 entitled "A Resolution Ordering Reduction of Assessment, California Avenue Area Parking Project No, b5-9" The resolution was adopted unanimously by voice vote. Yacht Harbor Agreement Dredging MOTION: Councilman Berwald moved, seconded by Comstock, to table second reading of the proposed ordinance regarding dredging of the Yacht Harbor until after the arrival of Councilman Wheatley. The motion carried unanimously by voice vote. Rinconada Park Expansion, Prole -Z:1 -N°. 66-i 1-TCNERT041:9) MOTION: Councilman Pearson moved, seconded by Spaeth, the adoption of the following ordinance: Ordinance No. 2466 entitled "Ordinance of .the Council of the City of Palo Alto Approving and Adopting aPlan_for the rievelop= — ment of Portions of _Rinconada Park" (first reading 8/26/68) The ordinance was adopted unanimously by voice vote. MOTION: Councilman Pearson moved, seconded by Spaeth, the adoption of the following ordinance:. Ordinance No. 2467 entitled "Ordinance of the Council of the City of Palo Alto Amending Chapter 22.08 (Park Dedications) of the Palo Alto Municipal Code by Adding Thereto Section 22, 08. 211 Enlarging Rincoflada Park" (first reading 8/26/68) The ordinance was adopted unanimously by voice vote, Embarcadero Road Relocation - (CR:O51:9) (Councilman Wheatley arrived at 8:®Q p. rn. ) MOTION: Councilman Galiagi,6lr.ai ived, seconded by Spaeth, to amend Exhibit "C" of the airport lease agreement with the County 215► 9/10/68 to in(orpJrate the necessary modifications required by the re- location of Embarcadero Road by approving the composite Exhibit "C" Palo Alto Airport as indicated in the report of the City Manager of September 5, 1968 (CMR:051:9). The motion carried unanimously by voice vote. MOTION: Councilman Gallagher moved, seconded by. Spaeth, to amend Exhibit "B" of the Yacht Harbor Preliminary Master Plan to show the shift in road alignments in connection with the relocation of Embarcadero Road by approving the composite Exhibit "B" Palo Alto Yacht Harbor included in the report of the City Manager of September 5, 1968 (CMR:051:9). The motion carried unanimously by voice vote. MOTION: Councilman Gallagher introduced the following ordinance and moved, seconded by Spaeth, its approvai for firsT reauijng. "Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for the Further Development of Byxbee Park and the City -Owned Baylands" The ordinance was approved for first reading unanimously by voice vote. Foothills Gas System Extension (CMR:0"53-9) City Manager Morgan presented his report on the Foothills Gas System Extension, noting that if normal assessment district procedures were observed the project could not be completed until next January or February. He stated that the City can complete the work by late fall this yeas -ii a procedure is followed that will require upon completion that the Council approve die -- project and establish the assessment district. He added that the staff has initiated a petition which will formally identify the support of the property owners to be affected. MOTION: Councilman Spaeth moved, seconded by Wheatley, that the City Manager be requested to make a report to the Council two weeks from tonight (September 23, 1968) on the status of the Foothills Gas System Extension. The motion carried unanimously by voice vote. MOTION: Councilman Spaeth introduced the following resolution and moved, seconded by Gallagher, its adoption: Resoiution No. 4160 entitled "A Resolution Ordering Work by Force Account, Foothills Gas System Extension" The resolution was adopted on the following roll call vote: 216 9/10/68 Ayes: Berwald, Comstock, Dias, Gallagher, Gullixson, Spaeth, Wheatley Noes: Pearson Electric Utility rt eer#n turfy (CMR:044:9) MOTION: Councilman Berwald moved, seconded by Gullixson, that the proposed agreement for an "Engineering Study of the Municipal Electric Utility System" to be conducted by R. W. Beck and Associates of Seattle at a maximum fee of $28, 600 be approved and the Mayor be authorized to execute the contract. The motion carried unanimously by voice vote. Bayland Interpretive Center t'CMMI R :0.0.91 MOTION: Councilman Comstock introduced the following ordinance - and rnovecd, seconded by Spaeth, its appr:;val for first reading: "Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for the Development of the Baylands Nature Interpretive Center" TI -.e ordinance wa.s approved unanimously by voice vote. MOTION: Councilman Comstock moved, seconded by Gullixson, the final plans for the Bayland Interpretive Center be approved and the initiation of bidding procedures be authorized. The motion carried unanimously by voice vote. Assessing and Tax Collection Services Ct..MR:043:V'j` MOTION; Councilman Comstock moved, seconded by Gallagher, that the Agreement between the County of Santa Clara and the City of Palo Alto Providing for the Collection of Certain Taxes, Charges and Assessments by County for City, for Distribution of Certain Money to City by County and for the Compensation of County Therefor be approved and the Mayor be authorized to execute the agreement. The motion carried unanimously, by voice vote. Oregon Avenue ]Pedestrian Ov rcrosiiiiii MOTION: Councilman Pearson introduced the proposed ordinance attached to the City Manager's Report (CMR:048:9) and moved, seconded by Spaeth, its adoption with the deletion of "in any ped- estrian underpass. or upon any pedestrian overpass, or" frO l Sec Lion 10.64. 180 (a) : 217 9/10/68 "Ordinance of the Council of the City of Palo Alto Amending Subsection (a) of Section 10. 64. 180 and Adding Section 10.28. 050 and 10. 32. 040 to the Palo Alto Municipal Code Regule.tiag Vehicular, Bicycle and Pedestrian. Traffic upon Certain Overpasses" AMENDMENT: Councilman Wheatley moved, seconded by Pear- son, the deletion of Section 3 of the proposed ordinance. The amendment failed by majcHiy voice vote. Discussion followed and City Attorney Hildebrand stated that legal difficulties might be encountered by the City if any accidents occur as a result of the City's permitting bicyclists to pedal their vehicles in the pedestrian overpass. SUBSTITUTE MOTION: Councilman Berwald introduced the proposed ordinance as prepared by staff and moved, and it was duly seconded, its approval for first reading: The substitute motion carried and the ordiname was approved for first reading on the following roll call vote: Ayes: Berwald, Comstock, Dias: Gallagher, Gullixson, Spaeth, Wheatley Noes: Pearson Chamber of Commerce : MOTION: Councilman Wheatley moved, seconded by Gallagher, that the Council approve the proposed agreement with the Palo Alto Chamber of Commerce and authorize the Mayor to execute it. The motion carried unanimously by voice vote. Application for On -Sale General amino MOTION: Councilman Spaeth moved, seconded by Comstock, to file without action the application for on -sale general beverage license for Reef N Barrel," 2391 El Camino Real. MOTION: Councilman GallaChe r moved that the subject of the nurnber and kinds of bars in Palo Alto be referred to the Planning Commission for recommendation back to Council with respect to the type and kind's appropriate in various areas of the City. Vice Mayor Dias ruled the motion out of order at this time. The motion to file without action then carried by majority voice vote. 218 9/10/68 Councilman Berwald requested that his "no" vote be recorded. Claim - Joseph Wu MOTION: Councilman Spaeth moved, seconded by Comstock, that the against the City and Palo Alto -Stanford Hospital Center in the amoun.: .of $1, 042, 600 be denied in its entirety. The motion carried unanimously by voice vote. Y ci t He rl-er Agreement __ _ Dred in_ MOTION: Councilman Berwald moved, seconded by Spaeth, to remove from the table the second reading of the ordinance regarding dredging of the Yacht Harbor. The motion carried unanimously by voice vote. MOTION: Councilman Wheatley moved, the adoption of the following ordinance: seconded by Berwald, Ordinance No. 2468 entitled "Ordinance of the Council of .he City of Palo Alto Approving and Adopting a Plan for Dredging of the Palo Alto Yacht Harbor" (first reading 8/19/68) The ordinance was adopted unanimously by voice vote. Liquor Li .ense Review MOTION: Councilman Gallagher moved, and it was duly seconded, that the Council direct the Planning Commission to investigate the number and location of establishments selling liquor under general beverage licenses with a view to recommending a citywide plan limiting their number to some reasonable criterion to be established by the Planning Commission. Discussion followed and City Attorney Hildebrand_stated-that i office is presently preparing a report ordered by the Council on the scope of the Council's power in dealing with general beverage licenses and that it is expected to be ready in the near future. Councilman Gallagher stated that it would be his expectation that the Attorney's report would be referred to the Planning Com- mission also. The motion carried by majority voice vote. Flood Control Councilman Pearson announced that the Santa Clara County Flood Control and Water District has today unanimously endorsed a contract for engineering services in connection with flood control work nn San Francisquito Creek and sent the contract to San Mateo County for approval alas. 219 9/10/68 Gran Registration Ordinance_ Councilman Spaeth announced that at the next Council meeting it is his intention to move that the proposed gun registration ordinance referred to the Planning and Procedures Committee be withdrawn from that Committee and that the subject of gun control be considered by the City Council either as a regular item of business or as a Committee o` the Whole. (NOTE: Councilman Spaeth later decided to defer until September 23, 1968 his announced intention since Councilman Clark, Chairman of the Planning and Procedures Committee.. will r not - __ .......urz1 to Maio Altountil hit date). Planning Policy Committee Councilman Comstock announced that rating sheets ha:: bee fi- _ provided to each Councilman by the Planning .Policy Committee and requested that the sheets be completed and given to the City Clerk. Oral Communications Mrs. Dorthy McCann, 783 Garland, called the attention of the Council to a "duck blind" situated on the nature walk in the baylands and requested action be taken to remove it. Adjournment There being no further business, the Council adjourned at 9:50 p. rn. APPROVED: 22© 9/10/68 ATTEST: