HomeMy WebLinkAbout09301968City Hall
Palo Alto, California
September 30, 1968
The Council of the City of Palo Alto met on this elate in Special
Meeting at 7:30 p. rn. with Mayor Arnold presiding.
Present: Arnold, Beahrs, Berwald, Clark, Comstock
(arrived 7:32 p.m.), Dias, Gallagher, Gullixson
(arrived 7:50 p.m.), Pearson, Spaeth, Wheatley
Absent: None
Public Works Committee Agenda
Mayor Arnold announced that the Public Works Committee will
meet on October 1, 1968 and will consider the architect's plan
for the Downtown Library/Recreation Center and the intersection
of Page Mill and El Camino Real and the area between El Camino
and Alma Street.
Finance Committee
Councilman Berwald announced that because of the League of
California Cities Conference, the Finance Committee meeting
scheduled for October 15 will be held on October 2.2 with Agenda
to be announced.
Planning and Procedures Committee
Mayor Arnold reminded those present that the Planning and
Procedures meeting scheduled for October 8 had been cancelled
since the gun control matter before them had been withdrawn
from Committee.
Charter Review Committee Report
(See P. 251)
Mayor Arnold stated that the purpose of the Special Council Meeting
is to consider the report of the Charter Review Committee and
that it nude his intention to proceed°through the report taking each
recommendation separately. Mayor Arnold added that on each
item he would ask anyone who wishes to speak to so indicate and
to step to the microphone, then Council discussion and motion would
fcilow.
Article III, Sections 9 and 11
771771 e , ec�tions an -if
r
Mayor Arnold stated that the recommendation relating to deletion
of the reference to police judge, removing as a charter office the
office of assessor and transferring the assessment function to
the County was approved by the votef"s at the primary election on
June 4. No further action is reuie&
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Article III, Section 17
Recommendation: that there be added at the end of this section,
the sentence "Compensation may be paid councilmen in accordance
with general law."
Mrs. Marie Kelly, 2370 Amherst Street, Palo Alto, stated that
the recommendation is too narrow and urged that a provision in
the Charter and a supplemental ordinance be adopted which will
provide for an expense fund to cover any expenses incurred at
conferences or otherwise.
Discussion followed concerning the desirability of any salaries for
councilmen in the Council -Manager type government, the fact that
expenses are presently reimbursed and whether the_subject
should be covered by ordinance, whether the question should
be put to the voters regardless of what might be the majority
opinion of the present Council, and whether or not the present
Charter is really ambiguous in regard to payment of salaries to
counci1rnen.
MOTION: Councilman Comstock moved, seconded by Berwald,
to subrnit to the voters the recommendation of the Committee
with the following changes: (1) after "delete" "in accordance with
general law" and substitute "amounts not to exceed those provided
by general law"; and (2) in the first line of Section 17 of Arti''le Ill,
"other" be inserted between "any" and "office."
AMENDMENT: Councilman Gallagher moved that in the first
line of Section 17 that "may" be substituted for "shall."
The amendment failed for lack of a second.
The :notion carried on the following roll call vote:
Ayes: Berwald;--€emcee isvocic, Gallagher, Gullixson, Pearson,
Spaeth
Noes: Arnold, Beahrs, Clark, Dias, Wheatley
Article IV, Section 6p
Recommendation: that the section be changed to read "p. To
coordinate the purchasing for all departments of the city. No
purchase shall be made without the approval of the city manager
and city _controller."
MOTION: Councilman Clark moved, seconded by Beahrs, to
place the question before the . otees as recommended by the
Committee.
1
The motion carried unanimously by voice vote.
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Article Vi and Article VII
Recommendations regarding recall, initiative, referendum and
other elections.
Report Paragraphs 1, 2, 3, 4
MOTION: Councilman Pearson moved and it was duty seconded,
to approve the recommendations in paragraphs 1, 2, 3 and 4 with
the following change in pa aab:; ph 4: that "60" and "70" be
substituted for "40" and '50" rays respectively, and "54" be
substituted for "35."
The section on the recaU shou1d include provisions for
the serving of a rotice of intention on the councilman
sought to be recalled, and for the filing and publication
of such notice of intention, with statements for the against
the recall, before a petition may be circulated.
2. The committee also recommended that the general law
provisions providing for notice and publication be made
a part of the charter initiative procedure. There is no
notice provision in the case of the referendum.
Wherever the charter provides that the number of signa-
tures required on a petition snail equal at least twenty
percent of the vote cast in the last preceding general
municipal election, the wording should be amended to
twelve percent of the registered voters (Article III,
Section 15; Article VI, Sections' and 2); and wherever
the charter requires that the number of signatures shall
equal ten percent of the vote cast; the wording shdixid be
amended to six percent of he registered _voters (Article
VI.:Sectior 2)
4. The sentence in Article VI. Section 1, fourth paragraph,
relative to ordering a recall election should be changed
to read:
"if the petition shall be found to be sufficient, the clerk
shall submit the same to the council without delay,
and the council shall order and fix a date for holding
the said election not less that tai. 4ty forty days nor
more than foggy fib days frarn the date of the clerk's
certificate to the council that a sufficient petition is
filed, Candidates for this election shall file with the
city clerk not less than thirty-five days before the
election,"
(Proposed language is underlined: )
AMENDMENT: Councilman Wheatley moved, seconded by
Gallagher, that paragraph 4 be approved as recommended by the
Committee.
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9/30/68
The amendment carried on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher,
Gullixson, Spaeth, Wheatley
Noes: Comstock, Pearson
The motion as amended then carried or. the follr_.wing
vote:
rt-Al call
Ayes: Arnold, beahrs, Berwald, Clark, Dias, Gallagher,
Gullixson, Spaeth, Wheatley
Noes: Comstock, Pearson
Report Paragraph 5
MOTION: Councilman Beahrs moved, seconded by Gallagher,
to approve the recommendation of the Committee in paragraph 5.
(5. The words "or taxpayer' should be deleted from the
sentence setting forth the qualifications of persons who
may circulate a petition. The wording would be as
follows:
"Any qualified voter ar -txpa.ye-r of the municipality
shall be competent to solicit said signatures."
(Article VI, Section 1. second paragraph of existing
charter.)
Adoption of this recommendation would also require
deleting the second sentence of existing Article IX,
Section 1. )
The motion carried unanimously by vo4c-e-Vote:
Report Paragraph 6
MOTION: Councilman Wheatley moved, seconded by Berwald, to
approve the recommendation of the Committee in paragraph 6.
(6. The charter (Section 3 of Article VII) should be amended
to provide that if a candidate for the city cor.ncil is at
that time a member of the city council the designation
"incumbent" shall be placed following his name oa the
ballot.)
Discussion followed and Comra:ttee Chairman Dean Cresap replied
to questions concerning the Committee's intent that the designation
!'incumbent.' should apply to all elections, not just recall.
Robert , . Debs 3145 Flowers Lane, Palo Alto, suggested considera-
tion of the recommendation be delayed until the matter of the recall
ballot has been considered.
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9/30/68
MOTION: Mayor Arnold moved, seconded by Gallagher, to table
the motion concerning paragraph 6.
The motion carried by majority voice vote.
Report Paragraph 7
MOTION: Councilman Berwald moved, seconded by Pearson,
to approve the recommendation of the Corarirnittee in paragraph 7.
(7. The committee recommended that Section 3 of Article
VII of the charter also be amended to provide that the
position of the names of candidates on the ballot be
determined by lot.)
The motion carried on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Gallagher, Gullixson,
Pearson, Spaeth, Wheatley
Noes: Comstock, Dias
Abstain: Cl ark
Report -Paragraph 8
Recommendation:
(8. It is recommended that the. problem of whether members
of the board of education fall under the recall
provisions for c.ounc; lrner► be clarified by the insertion
of a phrase to the effect that they are subject to recall
under general law.
Discussion nw......�-. _ - - __. - -- __--_
i,�tmiaev�=.:e--trc .s 7. c: Ci;L�IL l:vnce-nmg �iTi f'l�e��iit7i�rerl a�lon an City
Attorney Hildebrand replie-1 to questions concerning the lack of
clarity in the present Charter language leading to different legal
interpretations. He advised that school boards not under a
charter have recall provisions under the Education Code which
differ from that found in the Election Code. Chairman Cresap
observed that the Palo Alto School Hoard likes the staggered one-
year terms of office sander the Charter, but appear to believe they
alt: *xld be under general law in regard to recall procedures
MOTION: Councilman Pearson .moved, seconded by Spaeth, that
the matter be continued for six weeks until the Council has had a
response from the School Board on the subject.
Discussion followed and Mr. Hildebrand replied to questions con-
cerning the propriety of permitting the School Board to write
the City Charter, whether or not it was the intent of the authors
of the Charter to include the School Board in the recall procedures
and whether all reference to the School Board could be removed from
the Charter,
The motion to continue failed by majority voice vote.
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9/30/68
MOTION: Councilman Wheatley moved, seconded by Beahrs, to
delete in Article VI, Section 1 "elected official" and substitute
"councilman."
SUBSTITUTE MOTION: Councilman Gallagher moved, seconded
by Spaeth, that the recall provisions in Article VIII, Section 1
pertain on' y to councilmen and general law is to apply to School
Board members in this regard.
AMENDMENT: Vice Mayor Dias moved, seconded by Beahrs, that
in the substitute motion the reference to the School Board using
general law be deleted as it is unnecessary.
The amendment carried by majority voice vote.
AMENDMENT: Councilman Gullixson moved, seconded by
Beahrs, that in Article VIII A, Section2b. "and recall" be inserted
following "election" in the first line.
The amendment carried unanimously by voice vote.
The bubstitute motion as amended carried unanimously by voice
vote.
(The Council recessed from 9: 10 to 9:30 p.m.)
Recall. Ballot
Recommendation: that the recall ballot remain as provided for
in the Charter, except that the designation "incumbent" be used
where appropriate.
MOTION: Councilman Wheatley moved, seconded by Beahrs, to
uphold the Committee recommendation and recommend use of
the ballot presea€1y used for recall elections with the addition
of the designation "incumbent" to be used when appropriate.
At the suggestion of Mayor Arnold that consideration of use of
"incumbent" had been tabled (see paragraph 6 above), Council-
man Wheatley withdrew his motion.
MOTION: Councilman Beahrs moved, and it was duly seconded,
to lift from the table consideration of paragraph 6 of the
Committee report.
The motion carried unanimously by voice vote.
MOTION: Councilman Wheatley moved, seconded by Beahrs, to
uphold the recommendation of the Committee and that the ballot
form for recall be the same as presently used in the City with
the addition of the designation "incut..bent" after the names of
those serving as councilmen.
At the request of Councilman Comstock, Mayor Arnold ruled that
the Council would vote separately on each part of the motion.
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9/30/68
The Notion to use the designation "incumbent" carried unanimously
by voice vote.
AMENDMENT: Councilman Gullixson moved, seconded by Pearson,
to delete the last sentence of the first paragraph of the revised
Article VI, Section 1 as it appears in Appe Aix A of the Committee
report.
The motion carried unanimously by voice vote.
AMENDMENT: Councilman Spaeth moved, seconded by Pearson,
that the form of the recall ballot be the same as in general law.
Discussion followed as to whether a recall ballot form question
should be put to the vc.ters for their decision between the Charter
form and the general law form. In response to question, Mr.
Hildebrand advised that competing proposals can be put on the
ballot, and if both pass, the one obtair}nr, the most votes would
prevail.
At the suggestion of Councilman Clark that the Committee
recommendation as presented in Appendix A be split for the pur-
pDse of voting, Councilman Spaeth, with the consent ::s his second,
withdrew his amendment_
The Council then approved pages i, ii and the first limes of iii
unanimously by voice vote_
Lengthy discussion followed and Mr. Hildebrand and Mr. Cresap
replied to questions on the desirability and difficulties involved
in submitting choices to the voters on the form of recall ballot.
AMENDMENT: Councilman Gullixson moved, seconded by Beahrs,
that in the paragraph on page ii relating to requirements of signers
of petitions that the signer be required to give the date of ,signing<
and that the precinct numbers must be provided by the proponents
of the petition.
The amendment carried unanimously by voice vote.
MOTION: Councilman Clark moved that the main motion, as amended
be tabled and the Council go on record in favor of having the recall
ballot form issue decided by the citizens.
The motion failed for lack of a second.
The motion as amended then carried on the following roil call
vote:
Ayes: Arnold, Beahrs. Berwald, Comstock, Dias, Gallagher,
Gullixson, Pearson, Spaeth,. Wheatley
Noes: Clark,
MOTION: Caunciinnan Comstock moved, seconded by Spaeth,
to submit to the voters a proposition' to include a recommendation
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9/30/68
which would uphold the recommendations of the Committee but
would substitute the necessary wording to effectuate the recall
procedures described in Appendix C of the report.
Discussion continued as to whether or not it is desirable or proper
for the Council tr, ask the voters to select the recall ballot form
and the number of alternatives which might be presented, including
the present form.
The ,motion failed on the roll following call
S vote:
Ayes: Arnold, Clark, Comstock, Pearson, Spaeth
Noes: Beahrs, Berwald, Dias, Gallagher, Gullixsor, Wheatley
Article VI, Section 2
MOTION: Vice Mayor Dias moved_, seconded by Berwald, to accept
the recommendation zof the Cornmi'tee in regard to initiative con-
cerning notice of intention to circulate a petition and number of
signatures required as indicated on pages iii, iv and v of Appendix A.
The motion carried unanimoitsly by voice vote.
Article VI, Section 3
Mayor Arnold observed that no action is required in regard to •
referendum since the Committee recommer.,is no changes except
in regard to signatures required which has already been considered
and approved by the C•cuncii.
Adjournment
MOTION: Councilman Wheatley moved, and it was duly seconded,
to adjourn.
The motion carried by majority voice vote.
The Special Meeting of the Council adjourned at 11:02 p. m.
(NOTE: Committee recomnen-iations regarding Article VIII - Parks
to be considered at a later date to be announced).
APPROVED:
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