HomeMy WebLinkAbout02131967City Hall.
Palo Alto, California
February 13, 1967
The Council of the City of Palo Alto met on this date at 7:35 p. m.
with Mayor Dias presiding.
Present: Arnold, Beah,s, Comstock, Cooley, Debs, Dias,
Pearson ehre Lau Sher W i th i ...t__
_ _ ....... , ....w v , Sher, , �� V I" b £di�i� t V u
Absent: Flint (arrived 9:00 p.m.), Woodward(arrived 7:40 p. rn. )
Ziearin Revision of Charter Relating to Recall
Mayor Dias opened the informal public hearing regarding a proposal
for revision of the Ghartar ..eel tir
.,.. ziilg to recall.
Grant Spaeth, 400 Channing Avenue, Palo Alto, stated that he did not
believe a Charter changۥ relating to recall should be placed on the
ballot at the present time in view of the probability of a recall election
and because any such Chat er revisions sbcuid have considerable ad-
vance study. Mr. Spaeth replied to questions from Council members
concerning his statement.
MOTION: Councilman Worthington introduced the following resolution
and moved. seconded by Pearson, its adoption:
"Resolution of the Council of the City of Palo Alto Submitting to
the Electors of the City of Palo Alto at the 1967 General Muni-
cipal Election a Proposed Amendment to the Charter of the
City of Palo Alto Amending Article VI Thereof Relative to the
Use of eca . " -
Discussion followed concerning differences between the recall pro-
visions of the Charter and those of the State Election Code. As ista:.t
City Attorney Hildebrand replied in detail to questions fromeztem rs
of the Council concerning. those differences.
AMENDMENT: Councilman Rus moved, seconded by Beahrs, that
the Resolution also include changes in regard to adopting General
Law in regard to referendum and i xitietive, except that in all cases
signatures of 25% of the registered voters shall be required.
Discussion followed as to the desirability of including references to
initiative and referendum in the resolution and as to whether or not
the 25% fi'are would be a reasonable number in connection with those
types of petitions also. Assistant City Attorney Hildebrand replied
to question concerning the requirements of the Election Code in re-
gard to referendum and initiative.
MOTION: Councilman Cooley reeved, seconded by Rohrs, to continue
the entire matter - boll. the main motion and the amendment - to per-
mit those interested to work with the City Attorney to draft a suitable
resolution.
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AMENDMENT: Councilman Pearson moved, and it was duly seconded
to continue the entire matter until the next Council meeting (February 20)
and hold a public hearing at that time.
Horace Anderson, School Board member, stated that the hearing was
called regarding recall and now that referendum and initiative are to
be included, he would like to have the hearing reopened. He added
the School Board might wish to makea statement.
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Mayor Dias explained that the matter before the Council was to con-
tinue discussion of ell three until February 20.
AMENDMENT TO AMENDMENT: Councilman Arnold moved,-
seconded by Rohrs, to change the date of the next proposed hearing
from February h0 to February 27.
Discussion followed and Mr. Hildebrand replied to questions re-
garding the deadlines lelr Charter amendments being placed on the
ballot for the May 9, 1967 election.
The amendment to the amendment failed on the following roll call vote:
Ayes: Arnold, Beahrs, Cooley, Dias, Rohrs, Woodward
Noes: Comstock, Debs, Pearson, Rus, Sher, Worthington
The amendment then carried by majority voice vote.
MOTION: Councilman Beahrs moved to table the motion as amended
until February 27.
Mayor Dias ruled the motion out .if order and Councilman Beahrs
withdrew his motion.
(Councilman Flint arrived at 9: 00. p. )
The motion to continue as amended then carried on the following
roll call vote:
Ages: Arnold, Beahrs, Cooley, Dias, Pearson, Rohrs,
Rua, Woodward
Noes: Comstock, Debs: Sher, Worthington
Abstain: Flint
Water Commission Re ort
Councilman Flint referred to his report on the Water Commission
meeting of February 6 outlining the basic changes which would occt;r
upon consolidation of the three existing water districts in the, County.
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2/13/67
MOTION: Councilman Debs moved, seconded by Flirt, to continue
discussion of the report until February 20 when Councilman Flint
would be able to have more details regarding the proposed board of
directors.
The motion carried by unanimous voice vote.
(The Council recessed from 9:17 to 10:10 p.m.)
Hoover Park
Mayor Diest /Announced that in the Executive Session held during the
recess the City Manager had been requested to place on a future
agenda the matter of the expansion of Hoover Park.
Old Fire Station No. 2
City Manager Morgan referred to his report of February 8 on the
disposition of old Fire Station No. 2.
MOTION: Councilman Pearson moved, seconded by Comstock, that
the subject property be referred to the Planning Commission for
study and recommendations as to its potential land use and zoning.
The motion carried unanimously by voice vote.
1St2srn Drainage rovemerata
City Manger Morgan referred to his report of February 9 concern-
ing storm drainage improvements.
MOTION: Councilrr.an Debs introduced the follow•-ing resolution and
moved, seconded by Comstock, its adoption:
Resolution 3960 entitled "Resolution of the Council of the
City of Palo Alto Finding and Determining That tbe. Public
Interest and Necessity of Said City Require. for Public Use
for Storm Drain and Related Purposes, Certain Land Located
in the City of Palo Alto. County of Santa Clara, State of
California (Storm Drain Improvements - Project 66 -?.0)."
The resolution was adopted on the following roll call vote:
Ay+e
Arnold, Beahrs, Comstock, Cooley, Debs, Dias,
Flint, Pearson. Rohr/, Sher.' Woodward
Worthington
Noes: None
mad. ro Road Speed Litt,
City Massager Morgan referred to his mart of 'February 9 on
axcadero Road speed Bonitos *ad asked Traffic Engineer Noguchi
ISM?
to outline his report. Mr. Noguchi referred to his report and re-
plied to questions from Council members concerning details.
MOTION: Councilman Debs introduced the following ordinance and
moved, seconded by Comstock, its approval for first reading with
all references to 30 miles per hour changed to 25 miles per hour:
"Ordinance of the Council of the City of Palo Alto Amending
Sections 19. 151 and 19. 152 of the Palo Alto Municipal Code
to Change the Speed Limit on Embarcadero Road to 25 Miles
Per Hour."
At the recommendation of Assistant City Attorney Hildebrand,
Councv1n ann Debs withdrew his motion.
MOTION: Councilman Debs introduced the following ordinance and
moved, seconded by Comstock, its approval for first reading:
"Ordinance of the Council of the City of Palo Alto Deleting
Section 19.151 from the Palo_ Alto Municipal Code and Amend-
ing Section 19.15: Establishing the Speed Limit on Embar-
cadero Road at 25 Miles Per Hour."
Mrs, Mary Louise Johnson, 474 Churchill, Palo Alto, member of
the Executive Board of Addison School PTA, spoke against increasing
the speed limit on Embarcadero Road.
Paul Crinard, 965 Embarcadero Road, Salo Alto, spoke in favor
of the 25 miles per hour speei limit.
Janice Bryant, 1947 Emerson, Palo Alta, spoke in favor of stricter
enforcement of a low speed limit on Erbarcadero Road.
The ordinance was approved for first reading on the following roll
.—call vote: .___ __.
Ayes: Beahra, Comstock, Debs, Flint, Pearson, Rohrs,
Sher, Woodward, Worthington
Noes; Arnold, ,Cooley, Dias, Rvs
(Councilman Worthington` left at 11:11 p.m.)
Antitrust Action - Meta/ Library Shelv
Assistant City Attorney Hildebrand reported on the status of the
antitrust action against certain suppliers of metal library shelving.
Adjoura nt
MOTION: Councilman Rohr. moved, seconded by Arnold, to ad-
journ to February 20. The motion failed on the following roll call vote:
Ayes: Arnold, Bitair* , Cooley, Rohr*. R , Woodward
Noes: Comstock, Deb*, Dias. Flint. Pearson, Sher
(Councilman Woodward left at )1:13 p.m. and (1'd not return)
Title Search - Property Acquisition of Tidelands
Assistant City Attorney Hildebrand referred to his report of Feb-
ruary 8 concerning property acquisition of tidelands within the City
limits and asked for guidance since at the time of Council action on
December 12, 1966, requesting a title search, the anticipated cast
had been $500, but a report from the Title Insurance and Trust Com-
pany estimated a cost of $1,500 for the search.
MOTION: Councilman Beahrs moved, seconded by Arnold, to con-
tinue the matter until the first meeting of the Council in July 1967.
(Councilman Worthington returned at 11:14 p.m.)
The motion failed on the following roll call vote:
Ayes:
Noes:
Arnold, Beahrs, Cooley, Dias, Rohrs, Ruls
Comstock, Debs, Flint, Pearson, Sher, Worthington
MOTION: Councilman Debs moved, seconded by Pearson, to authorize
the City Attorney to go ahead and obtain the preliminary report from
the title company.
Discussion followed and Mr. Hildebrand replied to questions from
Council members concerning the amount of information the title com-
pany might be able to provide.
The Motion carried on the following roll call vote:
Ayes:,. Comstock, Cooley, Debs, Flint, Pearson, Sher,
W 4t4ngto -
Noes: Arnold, Beahrs, Dias, Rohrs, Rus
MOTION: Councilman Flint moved and it was duly seconded that the
iataff be directed to prepare a resolution to the State Lands Commis-
sion and the BCDC requesting that a general titre search be made on
the baylands.
City Manager Morgan indicated that a resolution was not needed as
a request from the City of Pao ,Alto would be sufficient. Council-
man Flint then changed his motion to a "better" rather than a
"resolution."
The motion carried by majority voice vote.
art -Count * Parkas
Mayor Dias reported on her most recent meeting with Stanford and
Santa. Clara County representatives in: connection with North County
parks. She stated that the County representadve had stated that
wherever it was possible to create a chain of parks in the foothills,
work had been toward accomplishing it.
Dixon Arnett, Director of Community Relations, Stanford University,
stated that foothill land belonging to the University was needed for
the academic program.
Filing Dates Charter Revision
MOTION: Mayor Dias moved, seconded by Rue, to continue the item
referring to a change in the Charter regarding filing dates for can-
didates to February 20 along with the other items relating to Charter
revision.
The motion carried unanimously by voice vote.
Recall Election - Ballot Form and
M ine r of Holding Fie ctinr_
Councilman Debs distributed copies of a proposed ballot for recall
election.
MOTION: Councilman Debs moved, seconded by Pearson, that the
Council direct the City Attorney to ask, through Palo Alto's State
Senator, the Attorney General for his opinion on the following ques-
tion: "Is it possible to ask on a recall tallot, consistent with the
Charter of the City of Palo Alto, the question 'SbaU(the name of
incumbent recalled under a recall petition filed in conformance
with the Charter} be recalled from the office of Councilman?'"
Discussion followed and Assistant City Attorney Hildebrand replied
to questions from members of the Council that such a lethter_ addres:ed_- .-
to due Attorney Ge raz-=would-lae referred -back to the law officer of
the city involved for decision regarding its consistency with the
city's charter. He replied further that the Charter of the City of
Palo Alto provides specific proceedings and that the motion before
the Council would be a vviol ,.tion of the proceedings specified in the
Charter for recall eleetione. Mr. Hildebrand replied to further
sluentiona: from the Council regarding details of Article VI of the
Charter relating to recall, and read the paragraph relating to
election arrangernents.
The motion failed on the fallowing roU call vote:
Ayes: Debs, Flint, Pearson, Worthington
Noes: Arnold, Beahrs, Comstock, Cooley, Dias, Rohrs,
Rua
Abstain: She r
(Gonneilman Rust loft at 12:25 a.m. and did not return)
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2/13/67.
Alternate Site - Substation H
MOTION: Councilman Arnold moved, seconded by Cooley, that the
possible new site for substation H be referred to the Planning Corn -
mission in accordance with the Planning Ordinance.
The motion carried unanimously by voice vote.
Written Communications
Letter from Ellis L. Jacobs, A.I.A. , on behalf of Mr. and
Mrs. W. L. Youmans requesting a revision of the Zoning
Ordinance.
MOTION: Councilman Cooley moved, seconded by Arnold, to
refer the letter to the Planning and Procedures Committee.
AMENDMENT: Councilman Comstock moved, seconded by
Arnold, to refer the letter first to the Planning Commission
and then to the Committee. Councilman Cooley agreed to
change his motion to refer the letter first to the Planning
Commission and then to the Planning and Procedures Com-
mittee.
The motion carried unanimously by voice vote.
Letter faurn Mrs. R. E. Kelly, 2370 Amherst Street: Palo
Alto, re drainage in Stanford University's Frenchman's Hill
Subdivision.,
MOTION: Councilman Pearson moved, seconded by Debs, to
refer the letter to the Planning Cornrnissicn.
City Manager I ontan stated that the letter also referred to
the Flood Control District and suggested a copy be sent to
the District also.
Councilman Pearson then changed her motion to include, send-
ing a copy of the letter to the Flood Control District with the
reply to go to the Plat ni g Commission. -
The motion carried unanimously by voice vote.
Or41 Communications
John Lori, k854 Miranda Green, Palo Alto, referred to the
meeting of the San Franciaquito Creek Flood Control group
and asked if the Council had made any decisions as to plans.
City Manager Morgan replied that the subject would be before
the Council for decision on February 20.
Oral Communications (continued)
Mrs. J. B. Cobbs, 1533 Dana, Palo Alto, President of the
League of Women Voters, stated that her organization would
be unable to study the recall provisions of the Charter and
therefore would not speak on the subject.
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Horace Anderson, speaking as a private individual and not as
a School Board member, stated that the School Board is not
covered in regard to referendum and initiative as they are in
the recall section of the Charter. He replied to questions from
Council members concerning his stated belief that recall, refer-
endum and initiative are punitive and also concerning his recom-
mendations in regard to inclusion of thF School Board in any
changes the Council might make in regard to election proce-
dures.
(Councilme:t Beahrs and Rovire left at 12:42 a. m, and did
not return)
A r th•: r Covitt 3324 iddlefield Road, Palo Alto, stated that
he would prefer to have recall, referendum and initiative each
considered separately.
R. R. Henkle, 2056 Emerson Street, Palo Alto, stated that
he would like to see recall considered by itself.
Adu�nment
aNrn000�.
There being no further business, the Council adjourned at 12:50 a.m.
APPROVED
City Hall
Palo Alto, California
February 20, 1967
The Council of the City of Palo Alto met on this date at 7:35 p.m,
with Mayor Dias presiding.
Present: Arnold;. Beahrs, Comstock, Cooley, Debs, Dias,
Flint, Pearson, Rohrs, Ras, Sher, Woodward,
Worthington
Absent: None
A roval of mutes
Mayor Dias requested that page 43 of the Minutes of February 6,
1967 be corrected to show the amendment to Article VII of the Articles
of Incorporation of the Pal:. Altc)-Stanford Hospital Center which was
included in Assistant City Attorney Hildebrand's letter of February 2,
1967 and was adopted by the Council, as follows:
"A?1 of the properties, monies aiid 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, the City of Palo Alto and the Board of Trustees
of 'fhe Leland Stanford Junior University."
The Minutes of February 6 were then approved 4►s corrected.
Recall Initiative; Referendum
ar iaa `i�eviin
Mayor Dias opened the public hearing regarding revision of the
Charter relating to recall, initiative and referendum and invited
members of the audience to speak.
David Dowdy, 3139 Avalon Court, Palo Alto, stated he believed re-
call procedures should be changed to conform with those of the
State Election Code. He also replied to questions from the Council.
Mrs. Earl_ Andersen, 4240 Suzanne, 1 o Alto, stated that she would
approve a Charter change making the nur' ber of aignatv arcs required
for recall 25% of the registered voters and fiat the (natter should be
plar_ed on the ballot at the May 9, 1967 election. She also replied
to question from the Council.
- ' i thur Covitt, 3324 Middlefield Road, Palo' Alto, stated that he did
not believe a requiremertt of signature: _..:1/25% of the registered
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