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HomeMy WebLinkAbout02061967City Hall Palo Alto, California February 6, 1967 The Council of 'i a City of Palo Alto met in an adjourned meeting from January 23, 1967 on this date at 7:35 p.m. with Mayor Dias presiding. Present: Arnold, Comstock, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Sher Abnei:s: ssegurzs, Rine, Woodward, Worthington (arrived 7:37 p. m. ) Welcozne to Guests Mayor Dias welcomed on behalf of the Council the Girl Scout group attending with Mrs. Lawlor. Mr. Dudley P. Chaffey, WhitstablelKent, England, a member of his town council, was also welcomed by Mayor Dias an behalf of the Council. He presented the Council with a letter of greeting from his Council. Traffic Signal - Middlefield Road and a�YYie� v�IltUe Councilman Debs requested to bring up an emergency item before proceeding with the Agenda. MOTION: Councilman Debs moved, seconded by Flint, that traffic signal nation at Middlefield Road and Mayview Avenue be discussed at this time. 13�i�'•' Gr vw_ v_eteu Palo Alto asked _ � .�_ _- �-$I'i�..R �_7Va =r---®._'�-_--� .---.:.�v/--T- -Palo Alto. ie„�i3-- to - Mayor Dias explained to him that the motion before the Council was whether or not the matter should be discussed at this tirt4. but not the subject itself - The motion failed on the following roll call vote: (seven votes needed) Ayes: Comstock, Debs, Flint, Pearson, Sher, Worthington Noes: Arnold, Cooley, Dias, Rohrs Councilman Debs then stated he would bring ap the itern under "New Business." Truck Traffic ran Foothill Lax resswayr ;� IiiliNOrl1 —.�.,.. MOTION: Councilman Comstock introduced the following reso'uttion and moved, ascended by :Debs, its adoption: "Resolution of the Council of the City of Palo Alto Urging the Transportation Policy Committee of Santa Clara County to Consider the Advisability of Placing Restrictions on Truck Traffic on Foothill Expressway." AMENDMENT: Councilman Arnold moves, seconded by Rohr*, to delete the fourth paragraph which refers to "prime residential properties. " The amendment failed by majority voice vote. AMENDMENT: Councilman Comstock moved, seconded by Pearson, an amendment to the fourth paragraph inserting "major portions of the" between "said" and 'expressway." The ante ad inent carried by uu+anitrious voice vote. The resolution as amended failed on the following roll call vote: Ayes: Comstock, Debs, Flint, Pearson, Sher, Worthington Noes: Arnold, Dias, Rohrs Abstain: Cooley MOTION. Councilman Pearson moved, seconded by Debs, that copies of the proposed resolution regarding truck traffic on Foothill Expressway be sent to Los Altos, and Los Altos Hills. The rnotion failed by majority voice vote. Bic cuteRe r t Mayor Dias referred to the Bicycle Route Report of July 20, 1966 and stated that the Pathways Committee would like to have Palo Alto's report as soon as possible in order to coordinate it in their plans. MOTION: Councilman Pearson rcooved, and it was duly seconded, that the Council request the Planning Commission to expedite study of the bicycle report and send it to the Planning and Procedures Committee so that they might send their recoamtnendations to Council. Discussion followed and Planning Co mission Chairman Stromgvist replied to questions concerning when the item weight appear on the Planning Commission agenda, He stated he would include it in the discussion of schedule set for Wednesday, February 8. Councilman Pearson then withdrew her *motion. Candidate Piling Dates ar ndi Mayor Dias introduced the following resolution rind zmeved, seconded , by Rohr*, its adoption: 32 "Resolution of the Council of the City of Palo Alto Submitting to the Electors of the City of Palo Alto at the General Munici- pal Election a Proposed Amendment to the Charter of the City of Palo Alto Deleting Certain Filing and Petition Requirements of Candidates for City Council." Councilman Sher stated that he had some questions for Assistant City Attorney Hildebrand and requested that the questions and an- swers be reflected in the Minutes. There were no objections. Sher - Article VU Section 3 of the Charter requires that prospective candidates file not less than 25 dayri oefe;r r the election. Hildebrand - Yes not less than 25 days before the election. Sher - The relevant section- of the Code is 2.701 ,: all elections called and held in said City shall be held and conducted in manner and form a.s required by the general laws of the State governing elections within municipalities." and 2.703 "Any person otherwise qualified may be a candidate for an elective office at any election, regular or special, by filing with the Clerk within the time prescribed in the Elections Code of California a petition signed by at least twenty- five qualifies and registered voters."? Hildebr arad - Yes. Sher.- The general election laws provide that a can0i- date file at least 54 days prior to the election? Hildebrand - Yes, Sher - Then on the h s i a cif s -pr ovxsion_ tl e_ City Attorney's office has advised us in the past that candidate* must file at least 54 days prior to the date of an election? Hildebrand - Yes - the ruling is consistent. Sher - Article III Section 4 states ".... , the council may by ordinance determLie the manner of holding elections." is this authorization for 2.701 and 2.703? Hildebrand - Yea. Sher - The conflict is 54 days under general laws as inconsistent with 2. 701 and 2. 703 rather than Charter used, because when not consistent, the Council has option of using one or other. Hildebrand + No - where there is conflict the Charter prevails. Sher - Hildebrand - Sher - Hildebrand Sher - Then it is not inconsistent? The ruling has been that the Charter provision specified the minimum number of days before the election within which the petition may be filed by the candidate. It doesn't prevent Council !rem setting greater number of days to be consistent with general laws. The 54 day requirement of general election laws is additional and more stringent than the Charter, arid not inconsistent since Council can snake rule. ? - Not sure I understand the question. Council may amend the ordinance. The 54 day requirement is incorporated in 2. 701 and 2.703. Your opinion is that this is not i.ncongistent with the Charter and Council has the power to enact election procedures which are additional to those found in the Charter, for, exiimple, the 25 and 54 day re- quirement? Hildebrand Yes. Sher - Council can by ordinance adopt additional re- quirements as long as they are not inconsistent with the Charter. Hildebrand - Yes. Dias - Sher - Dias - Sher - Tha: is why this resolution is before us. Rel4n1.ai4vu refers w Not uniform laws and could set up another date. Why use 'inconsistency' in Section 1 of the Resolution? Dias - Because there is confusion. Hildebrand Would a ree you could change from "inconsistent" to "confusing." MOTION: Councilman Worthington moved, seconded by Debs, to continue the matter until February 13. Councilman Worthington stated he intended to make the same motion in connection with his item involving a. proposed Charter amendment. Mrs. J. B. Cobbs, 1533 Dana, Palo Alto, President of the League of Women Voters, stated that the League believes the section of the Charter under consideration is confusire and recommended it be removed. Discussion followed concerning the possibility that other proposed Charter amendments might make the one before the Council unneces- sary. The motion to continue carried by majority voice vote. Payment of Claims MOTION: Mayor Dias 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 2.408.3 of Chapter 2 of the Palo Alto Municipal Code and Adding Section 2. 421 Thereto Pertaining to the Payment of Claims." The ordinance was approved for first reading on the following roll call vote: Ayes: Noes: Arnold, Comstock, Cooley, Debs, Dias, Pearson, Rohrs, Sher, Worthington Flint Charter Revision Reletm& to Recall MOTION: Councilman Worthington moved, seconds by Flint, thaat (1) --the - a.,.E.:ect4d Vatrter changes with respect to recall elections be continued instil the 13th of February; (2)tnat-a-pblite hearing be held at that Meeting (February 13); and (3) that the City Attorney be instructed to draft for the meeting of the 13th of February an amend- ment to the Charter deleting those portions of the section on recall. wbieh are in conflict with. the provisions of the State Election Code and incorporate the provisions of the State ]Election Code by refer- ence. Councilman Rohrs requested a vote on each part of the motive. Mayor Dias ruled his request in order. MOTION: CoMIci n Arnold moved, seconded by Cooley, to refer the matter to the Planning and Procedures Committee. Discussion followed as to the possibility of the Cominittes studying the matter in time for the proposed amendment to be offered to the electorate at the May 9 election. nee =Wen to raider failed by uw$arit, voice. vote. t. The first part of the motion concerning continuance carried by majority voice vote. The second part of the motion concerning a public hearing carried by majority voice vote. The third part of the motion concerning the proposed Charter Amend- ment carried by majority voice vote. itu'^° i. VC Traffic Si�ual - MiddlefieldMiddlefield .� and �,�...,Q-yv "a" A �w.:t .._� Councilman. Debs stated he would bring up the matter of a traffic signal at Middlefield Road and Mayview Avenue to which he had re- ferred earlier in the meeting. Disr,aseinn fnHlnw.c3 A to Wh ther ;ivt the Couricat could take any action on a nen-agenda item. Assistant City Attorney Hildebrand advised an emergency matter could be brought up and .cted upon by a simple majority, but that an ordinance would require a four -fifths vote of those present. Councilman Debs then read his letter of February 3 regardingin- stallation of a traffic signal on the subject site and stat . that the subject is currently before the Planning and Procedures Committee. 'r'7 MOTION: Councilman Debs moved, seconded by Comstock, to re- move the matter from the Planning and Procedures Committee for discussion at the present time. Discussion followed concerning the Committee delay in considering the matter : pending the approval of the Mitchell Park recreation building and the associated possible change in common driveway_ The motion carried__b unanitrieue voice vote. MOTION Councilman Debs moved, and it was duly seconded, that e City Manager be instructed to put a traffic push-button-actuatedsignal at the intersection of 'Mayview and Middlefield on top of the priority list and begin installation immediately. City'iasanager Morgan replied to questions concerning reconernee da- Lions by the traffic consultant, the length of time required for iuni stalia.on of the signal and the probable cost. Thomas E. Wersen 3852 Grove Avenue, Palo Alto, spoke in i'avor of the installation of the signal. Lengthy discussion followed concerning the incident which prompted the emergency request, the possible future needs in regard to signal placement and the City Manager's traffic signal priority list. Mrs. Leiria Waldron. 72.5 Mayview Palo Alto, stated that+, her ob- servations of the intersection in question caused her to favor instal- lation of the signal. ;, • i The motion carried unanimously by voice vote. Written Communications Rezoning - Foothill Expressway to Manuela Avenue MOTION: Councilman Comstock moved, and it was duly seconded to file the letter. The motion carried by majority voice vote. Adjourrxnent 4- There being no further business the Council adjourned at 9:1Z p.m. ******** The Council of the City of Palo Alto met in regular session on this date at 9:36 p.m. with Mayor Dias presiding. Present: Arnold, Comstock, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Sher, Worthington Absent: Seahra, Rue, Woodward Hospital Board - Executive Ses si Mayor Dias announced that an executive session had just been held concerning the Board of the Palo Alto- Stanford. Hospital Center, and _ne action had been -taken Sht _added that the matter would be discussed at another executive aesaien during the February 13 meeting. Human Relations Council - Executive Session Mayor Dias ;announced that the Council had accepted the resignation of Mrs. Tess Mazer front the HUITIZZ Relations Council and wished to tlxarnk her for participating in the past. She urged anyone in Palo Alto interested in serving on the Human Relations Council to submit his orher name with relevant background material to the City Clerk as soon as possible. Approval cif Minutez Councilman Deba requested that an addition be rode to page 4, paragraph 2 of the Minutes of January 16, 1967 inserting after "he's the words "does not know the identity of the .firm" and before "selection" the word' "unilateral." There was no objection. The Minutes of Jatuary,16, 196T were then approved. Councilman Debs requested that an addition be made to page 7, paragraph 4 of the Minutes of January 23, 1967 inserting after "letter" the words "petitioning the Council to protest the use of recall." Councilrna.n Rohrs objected, stating details of the letter are not germane to the discussion. MOTION: Councilman Debs moved, seconded by Pearson, to make the addition he had requested. The motion carried by majority voice vote. The Minutes of January 23, 1967 were then approved. Abandonment of Park Land for Airtort Use MOTION: Councilman Sher moved, seconded by Arnold, to move up on the Agenda the item referring to abandonment of park land for airport use. There being no objection, Mayor Dias ruled discussion of the item was in order. Discussion followed and Assistant City At".orney Hildebrand replied to questions from Council. Mr. Hildebrand referred to his report of February 1, 1967 stating the necessity of acting on the matter at the present time in order to have it appear on the May 9, 1967 ballot, stating that such action would not be irrevocable, MOTION: Councilman Sheir introduced the following resolution and moved, seconded by Comstock, its adoption with a provision to the effect that the measure should not ';o on the ballot unless the County approved the airp �. t ie��e F- :if d -b rrxe City prior to the date on which it is still possible for the Council to stop its going on the ballot. Resolution 3957 entitled: "Resolution of the Council of the City of Palo Alto Declaring that the Public Interest or Con- venience Requ;res the Discontinuance of the Use of Certain Lands as a Public Park and that the Council Intends to Call a Special Election to Submit the Question of Discontinuance to the City Electors." Councilman Sher explained that he would .not expect all of the language of his motion included, but merely the correct date. The resolution was adopted on the following roll call.. vote: Ayes: Arnold, Comstock, Cooley, Debs, Dias, Flint, Pearson, Rohre, Sher, Worthington Noes: None MOTION: Councilman Sher moved, seconded by Pearson, to forward the redrafted lease to the County for approval advising them of the action taken. The motion carried by the following roll call vote: Ayes: Noes: Arnold, Comstock, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Sher, Worthington None Finance Committee Mee .ng Councilman Cooley, Chairman of the Finance Committee, announced the meeting date has been changed from February 21 to February 23, 1967. ire House MOTION: Councilman Cooley moved, on behalf of the Finance Com- mittee, that the Council endorse in principle providing a rnu3eum and exhibit type structure on the property known as the Squire House at 900 University Avenue and ri.comxnending to Council that upon re- ceipt of reasonable assurance of $75, 00C in a partnership -type gift that Council proceed with the proposal. Councilman Worthington stated that he did not attend the meeting in which the Squire House was discussed a.nd that he dissented from the Committee recommendation. Guy P. Wallick, 2301 Waverley, Palo Alto, California, stated he had been president of the Palo Alto Historical Society when the sub- �tct -a.L airing -the Squire House we _introd+uc'd,a d �iu.orn#AlYs•. was speaking on behalf of that Society. He urged the Council to adopt the reconeme bdation of the 'Finance Committee. Joe Ehrlich, 4225 Park, Palo Alto, spoke in favor of the recommen- dation of the Finance Committee. Frank Kohles, 1432 Pitman, Palo Alto, spoke in favor of the Finance Committee recormr endatioh. Town Culp, 2'38 Williams, representing Palo Alto Jaycees, stated that if the recommendation were adopted, his organization could commence a :mod -raising drive sometime after May 1967. Robert Boom:, 515 East Crescent Drive, President of the Univer- sity and Crescent Park Association, spoke in favor of preserving the Squire House for certain City uses. Ned Abrams, 751 Center Drive, Palo Alto, an architect, spoke in favor of the recommendation of the Finance Cornmittee. Fern Hunt, 522 Mayfield Avenue, Stanford, Chairman of the Com- mittee on Uses of the Squire House, spoke in favor of the Committee recommendation and suggested the House be used as a museum. Mrs. Gerard Vanderhoeven, 585 Camellia, Los Altos, President of the Palo Alto Children's Auxiliary, described fund-raising deco- rator shows which her organization had handled and stated that the Squire House could be a site for such a show. Lengthy discussion followed as to the desirability of the City con- tributing to and being responsible for the mail' -finance of the Squire House. City Manager Morgan gave detailed replies in connection with anticipated improvements and maintenance costs. MOTION: Councilman Sher moved, seconded by Pearson, to refer the matter back to the Finance Committee with instructions to con- sider whether a plan can be worked out whereby the house can be purchased and the City's pa ticipation limited to a fixed amount, and if such a plan is feasible, to consider the amount of the City's participation. Discussion followed concerning the possibility of the City being asked to improve and maintain other old Palo Alto homes of histor- ical and possibly architectural value. The motion to refer failed by the following roll mall vote: Ayes: Pearson, Sher Noes; Arnold, Comstock, Cooley, Debs, Dias, Flint, Rohrs, Worthington MOTION: Councilxrean Rohrs moved that the Council set a policy of preservation of historical locations and icnuisition of lands that we do not select, that policy being private funds should purchase said _ properties, dedicate them to the Cite which walt-th-e pick up the expense. The motion failed for lack of a second. SUBSTITUTE MOTION: Councilman Sher none•', seconded by Rohrs, that the Council endorses the principle of the City's accepting the Squire House as a gift paid for by private; subscription, the House to be preserved as an historical manumF.nt. He then asked that "the House to be preserved as an historical monument" be deleted from the motion. The substitute motion failed on the foliowing roll call vote: Ayes: Noes: 0 Z/6/67 Rohr', Sher Arnold, Cow to »k, Cociey, Debe, Dias, Flint, Pearson, W o rthington The Finance: Committee recommendation then failed on the following roll call vote: Ayes: Arnold, Dias, Flint Noes: Comstock, Cooley, Debs, Pearson, Rohrs, Sher, Worthington Assessment of Property mess.. MOTION: Councilman Cooley introduced on behalf of the Finance Committee the following ordiu. nce and moved its adoption: Ordinance No, 2332 entitled "Ordinance of the Council of the City of Palo Alto Amending Subsection (a) of Section 2.450 of the Palo Alto Municipal Code Relative to Assessment of Prop- erty and Declaring an Emergency." SUBSTITUTE MOTION: Councilman_ Sher moved, seconded by Debs, to direct the City Attorney's office to draft an ordinance amending the Municipal Code to delete the requirement that full cash value be placed on the tax bill and the ordinance to be on the February 13 Agenda. City Assessor Marty and Assistant City Attorney Hildebrand replied to questions by Council concerning present status of assessment in the City and the changes in the Revenue and Taxation Code adopted by the State, John Lomax, 854 Miranda Green, Palo Alto, stated he believed adoption of the Finance Committee recommendation would result in the City's keeping pace with the State. The substitute motion failed on the following -roll ct 11 vote: r'sy a Debe, Sher, Worthington Noes: Arnold, Comstock, Cooley , Dias, Flint, Pearson, Rohra The ordinance was adopted on the following roil call vote: Ayes: Arnold, Comstock, Cooley, Dias, Pearson, Rohrs, Sher, Worthington Noes: Debi, Flint �uniE�ipal Service Caster MOTION: Councilman Rohrs moved, seconded by Arnold, to accept the Finance Committee report on th,4 investigation of the items re- garding the Municipal Service Center, 41 2/6/67 // MOTION: Councilman Comstock moved, seconded by Sher, to table the motion. (Councilman Pearson left the Chambers at 11:40 p.m.) Councilman Flint stated that a motion to table should not cut off de- bate and the motion should include a reference to whon the subject would again be before the Council. _�'..ayur Dias i ruled that amnotion to table cuts off debate and the r,m- tent of the motion is the perogative of the maker of the motion. Councilman Flint challenged the ruling. The rule was upheld by majority voice vote. The motion to table carried by the following roll call vote: Ayes: Noes: Ad9iic0..asr nment � i=tee e� Arnold, Comstock, Cooley, Dias, Rohrs, Sher, Worthington Debs, Flint MOTION: Councilman Debs moved that the Council adjourn to Thurs- day, February 9. The motion failed for lack of a second. (Councilman Pearson returned at 11:45 p.m.) Palo Alto -St nford Hos ital. Center - rtic es o ctd oration Finance Committee Chairman Cooley asked Assistant City Attorney Hildebrand to present the Cornznittee recommendation. Mr. Hildebrand referred to his report of January 24, 1967 recom- mending that Article Vil of the Articies of Incorporation of the Palo Alto -Stanford Hospital Center be amended to conform to the recently added section 214.01 of the California Revenue and Taxation Code so the Hospital could continue to enjoy the beenefits of property tax ex- emption. He stated that the Finance Cornxnittee had accepted the wording in his January 24 report, but that further research had prompted the language in his report of February 2 which adheres more closely to the existing language of Article VII. MOTION: Councilman Cooley moved, seconded by Comstock, to change Article WI to read as follows: "All of the properties, monies, and assets of this corporation are irrevocably dedicated to hospital purposes and shall not inure to the benefit of any private individual. In the event that this corporation shall be dissolved or wound up at any time, then all of the properties, monies, and assets of this corporation shall be transferred exclusively to and become the property of such non-profit funds, foundations or corpora- tions as are selected and designated by the voting members of this corporation, which have established tax exempt status under the Internal Revenue Code of the United States and the Constitution or statutes of the State of California, as they now respectively e.;wia:t or may subsequently 1 dirieuded. The motion carried unanimously by voice vote. Palo Alto Inn Request re Tennis Courts (Cabana) Planning Commission Chairman Stromquist referred to the Planning Commission recorrunendation to deny the request of the Palo Alto Inn to allow tennis courts and revised off-street parking at 4290 El Camino Real. MOTION: Councilman Comstock moved, seconded by Pearson, to uphold the recommendation of the Planning Commission and decay the application. Frank Grist, Jr. , 1400 Ilyron, Palo Alto, representing the Palo Alto Inn, spoke against denial of the application. Mrs. Alice Smith, 4284 Los Palos, Palo Alto, read a letter from C. D. Morgan of 4276 Los Paalos:in favor of denial of the application and also spoke personally ixa favor of denial. Mrs. Vivian R. Johns, 4257 Pomona, Palo Alto, spoke in favor of denying the apnlicati.on. Henry Lawlor, 4281 Los Palos, spoke in favice.'of the Planning Com- mission recommendation. Mrs. Susan Hill, 427!) Pomona, Palo Alto, spoke in favor of the Planning Commission recommendation. Mrs. R. C. Logan, Pomona Avenue, Palo Alto, spoke an favor of denying the applicaatiort. Discussion followed concerning previous compliance with City re -- quests and requirements by the Palo Alto Inn. The motion upholding the Planning Commission recommendation carried by majority voice vote. See Page 64 1 Zonin Change - Pine and Co an 4 e ie oa Planning Commission Chairman Stromquist outlined the uroraimous recommendation of the Planning Comrnission approving the applica- tion of Pine and Company, 4226 Middlefield Road, to enlarge their building subject to conditions: (a) that it be as shown on the pro- posed Development Plan, including removal of roof signs; (b) that the garden court and landscaping be as may be required by the Use Permit; (c) that construction begin within 60 days after City Council approval and be completed 180 days _after else co,u s truction MOTION: Councilman Comstock moved,- seconded by Arnold, to uphold the recommendation of the Planning Commission and intro- duced the following resolution and moved its adoption: Resolution 3958 entitled "Resolution ef the Council of the City of Palo Alto Substituting a Development Plan for the One Approved by Ordinance No. 1400 Establishing P -C (Planned Community District) Zoning for Property Known as 4226 Middlefield Road Subject to Certain Conditions." The resolution was adopted on the following roll call vote: Ayes: Arnold, Comstock, Cooley, Debs, Dias, Flint, Pearson, Rolars, Sher, Worthington Noes: None First Methodist Church re Pars[ Facilities Mr. Stromq xist referred toetcethe Planning Commission report denying the appeal of the' First Methodist Church regarding parking facilities at 603 Hamilton Avenue. _ Councilman Councilmasa. Rohrs Stated that as a telen ber of the Church, he wed not participate in the discussion or vote on the matter, MOTION: Councilman Flint srao'ed, seconded by Comstock tai up- hold the recommendation of the Planning Commission. MOTION: Councilman Cooley moved, seeded I.y Arnold, to con- tinue the rnatter until the next meeting of February 13. Kenneth McDougall, Byron Street` Palo Alto, spoke from the audi- " ence asking where the ;tern would appear on the Agenda on February 13. Bonner Corr, representative of the Board of Trustees of. the Church, requested the item be continued. 4 /6/47 Adjournxnent MOTION: Councilman Sher moved, seconded by Debs, to adjourn until Thursday. February 9. 1967 at 7:30 p.m. AMENDMENT: Councilman Arnold moved, seconded by Cooley, to charge the date to Monday, February 13. The amendment failed by majority voice vote. The motion then carried by majority voice vote. The Council adjourned at 12:25 APPROVED: ATTEST: