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HomeMy WebLinkAbout07051967City Hall Palo Alto, California July 5, 1967 The Council of the City of Pala Alto rnet in a Special Meeting on this date at 7:30 p.m. with Mayor Dias presiding. Present Arnold, Beahrs, Berwald, Clark, Comstock, Cooley, Dias, Gallagher, PeArson, Spaeth, Wheatley Absent: None Appror d of Miazutes Councilman Pearson stated that on page 212 of the Minutes of June 12, 1967 Councilman Rohrs' motion to refer regarding the downtown parks study should state "as it specifically refers to the downtown parks study and omitting the one-way traffic study." The Minutes of June 12. 1.967 were approved as corrected. Election of Mayor and Vice Mayor Mayor Dies announced that in accordance with the Charter, this being the first meeting in July, the Council would elect a mayor and a vice mayor to serve one year terms. She outlined the election procedure and appointed Councilmen Berwald and Wheatley to tally the votes. Mayor Dias was reelected Mayor on the following vote: Dias 3 Arnold 2 Comsatock 1 Councilman an Arnold was elected Vice Mayor on the following vote: Arnold 9 Pearson 1 Cornstotk 1 Ne °l Elected Council. as On behalf of the Council, MayorDiaswelcomed Councilman C. Gz'ant Spaeth who was elected on May 9, 1967 for a full four year council term beginning July 1, 1967, E1 Camino no Wide Pro r< t No. 'L1 Mayer Dias iced that the public bearing portion of t1`.e El Camino - Real Wiianing Project No. 64-1 bad been closed on June 5. 1967 and 1 130 7743/67 the matter was before the Council for their consideration at the present time. (NOTE: Bond Counsel Kenneth I. Jones was present and seated :.with the- a'aff during consideration of Project No. 64-1. Mr. Paul Schiller, Certified Shorthand Reporter was also present in the employ of Mr. Richard B. Maltzman, Attorney for El Camino Real Property Owners Association.) in reply to question from Bond Counsel Jones, Councilman Spaeth stated that he had read the entire transcript of the Hearing on Pro- ject No. 64-1 which took place on May 22 and June 5, 1967 and had also read all the documents distributed to the Council in connection with the Project. Bond Counsel Jones then declared Councilman Spaeth eligible to vote in the proceedings on the Project. City Manager Morgan replied to questions concerning source a of any possible additional City contribution to the Project, stating that such funs would have to come from the gas tax funds and capital improvement funds . MOTION: Councilman Arnold moved that the City's contribution to the Project be increased by $180,000 from gas tax funds and intro- duced the following resolution and rnoved, seconded by Wheatley, its adoption: Resolution No. 4003 entitled "A.Resolution Ordering Additional ContributionContribution and Reduction of Assessment - El Carnino Real Widening Project 64-1.13 AMENDMENT: Councilrrsa n Comstock moved, seconded by Pearson, to change the amount from $180,000 to $355, 000. Councilman Comstock indicated that if his amendment were adopted, he would offer another recommending ,a an additional contribution of $35-5,-000 ty bej ii6-eY3 frorn capital -improvement funds , --thereby creby eliminating any contribution from the property owners to the Project. AMENDMENT TO THE AMENDMENT: Councilman Berwald moved to change the amount to one-third of the total right of way project cost. Mayor Dias requested Councilman Berwald withdraw his amendment until the Council had voted on the amendment before therm. The amendment failed on the following roll call vote: Ayes: Comstock, Pearson Noes: Arnold, Beahrs, Berwald, Clark, Cooley, Dias, Gallagher, Spaeth, Wheatley AMENDMENT: Councilman Berwald moved, seconded by Spaeth, to change "$180,000" to "an amount equal to one-third of the total right of way cost for the Project." Discussion followed as to the amount involved, and Councilman Berwald states it was to be one-third of the total, or of $1,445,713, so that the amount of $711,178 currently being contributed by the property owners would be reduced to $481,904, or a reduction of approximately $230, 000. At the request of Councilman Arnold, Councilman Berwald restated his amendment: AMENDMENT: substitute for the figure of $180,000 an amount equal to one-third the total right of Way cost, or approximately $230,000, whichever is greater. The amendment carried on the following roil call vote: Ayes: Berwald, Clark, Comstock, Pearson, Spaeth, Wheatley Noes: Arnold, Beahrs, Coo1e1;, Dias, Gallagher Resolution No. 4003 as amended then carried on the following roil call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Cooley, Dias, Gallagher, Pearson, Spaeth, Wheatley Noes: Norte MOTION: Councilman Comstock snored,; seconded by Pearson, that tea City's contribution to the Project be increased by $355,000 froixs--- capital it virovemert funds and introduced the following resolution: "A resolution Ordering .Additional Contribution and Reduction of Assessment - El Camino Real Widening Project No. 64-1, " The resolution failed by majority voice vote. Discussion continued on the Project in connection with the possibility of inking c:aagg+s in the Project plans. Bond Counsel Jones noted that it is not necessary to consider design changes at the present time, and that while minor changes would not require public hearing, but simply Council action, any substantial changes in the Project would involve public hearing and Council decision. MOTION: Councilman Arnold introduced the following re solution and moved, seconded by Beahrs, its adoption: Resolution .No. 4004 entitled "Resolution Overruling Protests on Resolution No. 3760 of Prelimixuary Debirmtnatioa and of Intention." 232 7/5/67 - Richard B. Maltzman, Attorney for El Camino Real Property Owners Association, challenged the qualifications of Councilman Spaeth to vote and also those of any councilmen who may have made outside investigation in regard to the Project. Bond Counsel Jones stated that such statements were entirely out of order and no reply was required, and cited appropriate legal reference to which he referred Mr. Maltzrnan. MOTION: Councilman Pearson Ir&oved that the subject be continued for 30 days ao that the staff and property owners can compromise and determine a design acceptable to the State Division of Highways and the property owners. The motion failed for lack of a second. The resolution was adopted on the following roll call vote: Ayes: Arnold; Beahrs, Berwald, Clark, Cooley, Dias, Gallagher, Spaeth, Wheatley Noes: Comstock, Pearson MOTION: Councilman Arnold introduced the following resolution and moved, :seconded by tieahrs, its adoption: Resolution No. 4005 entitled "Resolution Determining Con- venience and Necessity, Adopting Engineers Report, Confirm- ing Assessment and Ordering Work and Acquisitions," At the request of Bond Counsel Jones the resolution was amended to insert "as modified" after "report" in the last line of page 4. The resolution was adopted on the following roll call vote: —Ayea _-_Ali id, Beahrs, Berwald, Clark, Comstock, Cooley, Dias, Gallagher, Spaeth, Wheatley Noes: Pearson MOTION: Mayor Dias introduced the following resolution and moved, seconded by Arnold, its adoption: Resolution No. 4006 entitled "Resolution Determining that the P lic Iutere,at and Necessity Require the Acquisition of Cer- tain Land and Directing the Piling of Eminent Domain Pro- ceedings," The resolution was adopted on the following roll call vote: Ayes: .44rnold, Beahre, Berwald, Clark, Comstock, Cooley, Dias, Gallaghe r , Spaeth, Wheatley Noes: Pear- a co 233 7/5/67 MOTION: Mayor Dias introduced the following ordinance and nc ved, seconded by Comstock, its approval for first reading: "Ordinance Amending Section 37.202 of Chapter 37 (Ordinance No. 2231) of the Palo Alto Municipal Code by Establishing Underground Utility District No. 4." The ordinance was approved for first reading on the following roll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Cooley, Dias, Gallagher, Spaeth, Wheatley Noes: Pearson MOTION: Councilman Comstock moved, seconded by Beahrs, that the staff be directed to work with the property owners to again re- view the suggested traffic pattern changes and prepare a report to be submitted to the Public Works Committee for review before re- turning itto the Council. Discussion followed as to the lack of agreement in connection with work already done by the staff with those who have suggested traffic pattern changes, and whether the report should not be directed toward new problems or suggestions. At the recommendation of City Manager Morgan, Councilman Corn - stock; with the consent of his secondr,': added to the motion that the review be co m p i et< d . Veithin 90 days. SUBSTITUTE MOTION: Councilman Arnold moved, seconded by - Cooley, to refer the matter to the Public Works Committee and the Committee be requested to report back to the Council with their recommendation within 90 days. The motion carried by majority voice vote, Bond Counsel Jones stated that part of the hearing involved whether the boni period should be ten years as originally proposed or fifteen years an that if it is to be changed, a resolution should be adopted at the present time. MOTION: Councilman Arnold introduced the following resolution and moved, seconded by Cooley, its adoption: Resolution No, 4007 entitled: "Determining Convenience and Necessity and Ordering Changes and Modification - El Camino Real Widening Project No. 64-1." The resolution was adopted on the following roll call cote: Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Cooley, Gallagher,, Pearson, Spaeth, W'lutatley Noes: Dias 234 7/5/67 (The Council recessed from 9:17 to 9:27 p.m.) Mackay Radio Company Lease MOTION: Councilman Clark moved, on behalf of the Public Works Committee, that in view of the contemplated plan for development of the bayiands, the City of Palo Alto is not interested in extending the Mackay Radio Company lease after termination date of 1971. The motion carried unanimously by voice vote. lkilacksy aadxo Cta a anv ?r c�rtg Survey 4aene�nrel�s�,r�n r�i�snn nwn�r.n�r�®�� MOTION: Councilman Clark moved, on behalf of the Public Works Committee, that the staff be directed to make a surrey of the Mackay Radio property in order to present to the Council possible future uses of the land. AMENDMENT: C,ounciiman Comstock moved, seconded by Wheatley, that the report he rzaqurned to the Public Works Committee before corning to Council, The =tenth -vent carried unanimously by voice vote. The motion a3 amended carried unanimously by voice vote. irastrade o Ro d Neighborhood Park MOTION: Councilman Clark moved, on behalf of the Public Work Committee, that the concept for Arastraderc Road Neighborhood Park as submitted by the City Manager in his report of December 7, 1966 be approved. The motion carried unanimously by voice vote. Architect - Arastradero Road Nei bborhood Park MOTION: Councilman Clark moved, on behalf of the Public Works Committee. to direct the staff to survey architects to implement development of Ar*stradero Road Neighborhood Park and recom- mend three qualified architects to the Con,xnittee for review and recommendation to Council. The motion carried unanimously by voice vote. Builclin Permit Moratorium Planning Commission recommendation acted upon as emergency item OD June 12s 1967. Excavations, Grading and Fills Requirements MOTION: Councilman Arnold moved, seconded by Pearson, to refer the Planning Commission recommendation regarding adoption of cer- taioa amendments to the Municipal Code, Chapter 34, Division 6, Sections 34.601 through 34. 633 relating to excavations, grading aid fills requirements to the Public Works Committee with the under- standing that the staff report now in progress go directly to the Public Works Committee. The motion carried unanimously by voice vote. General Plan r I3a rlandsDeveba,u. ent MOTION: Councilman Cooley moved, seconded by Wheatley, that tole Public Hearing regarding the Planning Commission resolution amending the General Plan regarding the Baylands development be set for the first !neeting in August (August 7). The rnotion carried unanimously by voice vote. Human Relations Codincil Mailer MOTION: Councilman Arnold moved, seconded by Wheatley, to con- tinue the matter concerning the proposed Human Relations Council mailer since no draft has been submitted by the IHRC. The motion ca_ Tied unanimously by voice vote. Proposed Tree Conserva►tiou Ordinance MOTION: Councilman Comstock mowed, on behalf of the Planning and Procedures Committee, that the_staff b. , directed �. -.�� tu"devilop from expert opinion date s.zelinforrnation that would substantiate the fortt..uiativa* u -mi. ordinance for conservation of trees. Such infor- mation should include potential con nuaity needs such as wind break, sound control, run-off control and improved property values. if staff feels tae efforts for developing such information would require the services of a consultant they should so advise the Council. Such information should be returned to the Planning and Procedures Com- mittee for review of a tree ordinance. The motion carried by majority voice vote. Tree Plaxati t Policy MOTION: Councilman Comstock- weal, on behalf of the Planning and Procedures Committee, that the Council authorise the staff to make a study of the linear density and appropriateness of surest trees throughout : the City, aiming ,st the possibility 01 increasing the uumlier of treee , along the curb to provide more shade. 3i i'/'7 Discussion followed concerning the present tree planting policy, and City Engineer Vvitbeck replied to question?) regarding details of the policy. Mrs. Nonette Hanko, 3172 Emerson, Palo Alto, spoke in favor of the motion. Burton Marks, 3415 Louis Road, Palo Alto, spoke in favor of more planting between residential and commercial or manufacturing zones. Discuaeion followed and in reply to question, City Manager Morgan stated the staff would interpret the motion as an informal request to take a look at tree density, particularly in South Palo Alto. AMENDMENT: Councilrna.n Wheatley moved, seconded by Pearson, that screening trees be included. .. The amendment carried unaiiirnously by voice vote. The motion as amended carried unanimously by voice vote. Policy for I irisa Consultants llP�ww • pw.w ww�.wYYwww. F or+.�a MOTION: Councilman Comstock moved, on behalf of the Planning and Procedures committee to continue the item relating to the policy for hiring consultants until copies of the City Manager's report on the subject dated May 22, 1967 are distributed to the Council again in addition to, the Committee Minutes. The notion carried unanimously by voice vote. Bicy cle Route Report MOTION: Councilman Comstock moved, on behalf of the Planning knd-Procedures Committee, to return the -bicycle rot to report to the Council, recommending that in addition :to recommendations from the Planning Cos- i#aiion, the staff be directed to consult with their counterparts in other , i+sdictions to inter -mesh with any proposal they have in mind and that the signing of routes be negotiated with other jurifdict 9ns .ta Oora9rret with a.nati.onad standard. The motion carried unanimously by voice vote. Fencing of Private Swiznxeiing Pools ,MOTION: Councilman Comstock introduced, on behalf of the Plan- ning and Procedures" Co ittet, ,the following ordinance and rnoved its approval for first reacru g: "Ordinance of the Councti. of the City of Palo Alto Amending Chapter 3/.5 of Ow Palo Alto Municipal Code Relative to Private Swimming Pools. 237 7/5/67 William Andersou, attor;sey for Rickey's Hyatt House, spoke in opposition to the ordinance. George P. Casten, owner of the Palo Alto Inn, spoke in opposition to the ordinance. Mrs. Smith, owner of Paso del Norte Motel, spoke in opposition to the ordinance. AMENDMENT: Councilman Arnold moved, seconded by Gallagher, to amend Section 31: 50 to insert "residential" befdre "swimming pools." The amendment carried by majority voice vote. The ordinance failed on the following rollcall vote: Ayes: Clark, Comstock, Pearson Noes: Arnold, Beahrs, Berwald, Cooley, Dias, Gallagher, Wheatley Abstain: Spaeth Written Comrnurucations - Agenda Category MOTION: Councilman Comstock moved, on behalf of the Planning and Procedures Committee, that written communications to the Council apecificaliy asking to be put .on the Agenda, unless obscene or libelous, shall be put on the e,c' rile. Mrs. Tim Seman, 3380 Middlefield, President of the League of Wornen Voters reported the League's policy stand in favor of open__ avenues of communication betweenscit::z� s` and the Council and re- _ to questions from. the Councilmembers. Discussion followed concerning possible abuse of the "Written Com- munications" category for political or p tibli City •g ui it p o s e s , . whether any individual citizen has the right to determine what the entire City's elected representatives shot 1d act upon, the easy accessibility of councilmen to the citizens, the availability of the "Oral Cosrnnunications" category tc any citizen wishing to address the Council and the desirability of discretion being exercised in connection with selection of leers to appear on the Agenda. The motion failed on the following roll c.al.l. vote: _Ayos: Berseald, Comstock, Pearson, Spaeth Noes: Arnold, fleahrs, Clark, Cooley, Dias, Gallagher, Wheatley Transportation Policy Committee Report Councilman Cooley referred to his letter of July 5 and a letter dated June 21, 1967 from the Transportation Policy Committee indicating their approval and adoption of the recommendations from its Tech- nical Advisory Committee in connection with Page Mill Road recon- struction - Phase I Funds. MOTION: Councilman Cooley moved, seconded by Beahrs, to approve the report and : equest the staff to work with the County to carry it forward. Discussion followed as to the County's understanding that the City has control over truck traffic and speed limits. MOTION: Councilman Pearson moved, seconded by Spaeth, to refer the report to the Public Works Committee for their recommendation. The motion to refer failed on the following roll call vote: Ayes: Comstock, Pearson, Spaeth, Wheatley. Noes: Arnold, Beahrs, Berwald, Clark, Cooley, Dias, Gallagher The motion to approve the report carried by majority voice vote. i Street Name Change - Miranda Avenue Restroom Facilitic t - Palo Alto Municipal Golf Course assassiest Impersonation of Public Officials imassamairogThime Unordered 'Merchandise F ii,3 Hours for Solicitin MOTION: Councilrr:an Arnold rnoved, seconded by Beaters, the adoption of the following ordinances: Ordinance No. 53 entitled: "Ordinance of the Council of the City of Palo Al o Designating that Portion of Junipers Serra Bouleva: d Constituting the Frontage Road of Foothill Express- way as 'Miranda Avenue'. " (first reading June 6, 1967) Ordinance No. Zla4 entitled "Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Construc- tion of Additional Restroom Facilities at till~ Municipal Golf Course, Project No. 66-20." (first reading June 12, 1967) Ordinance No. $55 entitled "Ordinance of the Council of the City of Palo Alto Adding Section 7.14 to the Palo Alto Munici- pal Code Prohibiting Impersonation of Certain Public Officials. (first reading June 12, 1967) 11 239: 7/5167 Ordinance 140. 2656 entitled "Ordinance of the .Council of the City of Palo Alto Amending Section 20. 04 of the Palo Alto Municipal Code to Prohibit Leaving Free Samples or Un- ordered Merchandise upon any Private Premise Except as Provided." (first reading June 12, 196 7) Ordinance No. 2)J57 entitled "Ordinance of the Council of the City of Palo Alto Adding Subsection D to Section 4.04 of the Palo Alto Municipal Code re Hours for Soliciting." (first reading June 12, 1967) Allan Reid, 880 Miranda, Palo Alto, spoke in opposition to the ordinance changing the frontage road of Foothill Expressway from Jt nipero Serra Boulevard to Miranda A v e ip u e The five ordinance were adopted by unanimous voice vote. Setbacks from Creeks MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by J3eahrs, its approval for first reading: Ordinance of the Council of the City of Palo Alto Amending Ordinance No. 1324, the Zoning Ordinance, by Adding Sub- section (g) to Section 22.07 Requiring Setbacks from Creeks. The ordinance was approved for first reacting by unanimous voice vote. Award of Bid cctric a station H - grading and Site Development City Manager Morgan referred to his report of June 21, 1967 re- garding Electric Su tati z-sad ing and ba un i�- it site dlspe! ekebenentT.43rnjes- _ No. 67-2. MOTION: Councilman Comstock moved, seconded by 1#eahrs, that the low bid of $6,849.18 of Kunz Paving Company be approved for award, pending the signing of the contract and furnishing of required bonds, and that the Mayor be authorized and directed to sign the con- tract for and on behalf of the City. The motion carried unanimously by voice vote, Rinconada Park - Architectural Services . .»d. .. * za C City Manager Morgan referred to his report of June 22, 1967 re- garding a proposed contract for architectural services for, Rinconada Park. MOTION: Councilman Gallagher moved, seconded by Pearson, that the contract be ceded to insert !'as amended by its action of 40 /5/67 Jur,: Z6, 1967" before "entitled" in Section 2. b, and the Mayor be authorized to execute the contract on behalf of the City. The motion carried unanimously by voice vote. Adjournment . MOTION: Councilman Arnold moved, seconded by Beal rs, to adjourn. The motion carried by ma ority voice vote. -The Council adjourned at 11:46 p.m. APPROVED: ATT .S- t z -s i 241 7/5/67