HomeMy WebLinkAbout11191973CITY
COUNCIL
MINUTES'
November 19, 1973
CITY
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The City Council of the City of Palo Alto met on this date at 7:30 p.m.
in a regular greeting with Mayor Comstock presiding..
Present: Beahrs, Berwald, Clay, Comstock, Henderson, Norton
(arrived 7:38 p.m.), Pearson, Rosenbaum, Sher.
Absent: None
Cancellation of Regular Meetin, of December 3
Mayor Comstock noted that on December 3, five members of the Council
will be attending the National League of Cities Congress of Cities
in Puerto Rico and, after having consulted with staff, it was appar-
ent that even if a quorum could be present, the regular meeting of
December 3 could be cancelled.
MOTION: Mayor Comstock moved, seconded by Pearson, that Council can-
cel the regular meeting of December 3, 1973.
The motion passed on a unanimous vote. (Norton arrived after vote)
Minutes of October 29,E 1973
Councilman Henderson referred to page 285, second paragraph from the
top where the last sentence commences "He wondered he said he could
not see..." He suggested that the words "ode wondered" be deleted
and the sentence begin "Tole said he could not see..."
Councilman Sher requested a correction on page 278, final paragraph,
at the end of the second sentence on the sixth line where he sug-
gested the word "shorter" be deleted and "less comprehensive" in-
serted in its pace. In the same paragraph, second line from the
bcttom of the page, the word "exacting" should be "enacting." On
page 282, second paragraph from the top, final sentence which reads
"It also applies to certain kinds of veterans," Councilman Sher
noted that this should be "It only applies to certain kinds of
veterans."
On page 289, second paragraph from bottom, first line, Councilman
Sher requested that this read "Councilman Sher said that the amend-
ment gives him difficulty..." with the word "amendment" to replace
"outcome.'
MOTION: Mayor Comstock moved, seconded by Henderson, that the minutes
of October .29 be approved as revised.
The motion passed on a unanimous voice vote. (Norton absent)
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Changes in 1973-74 Budget to
Reflect Increased Revenues (CMR:915:.3)
Mayor Comstock called on Councilman Alan Henderson, Chairman of the
Finance and Public Works Committee.
Councilman Henderson noted that the staff report requested Council
to amend the Budget to reflect the latest revenue increase that is
expected in income from sales tax, property taxes and interest. He
said he had one or two personal comments to make. First, Council is
again changing budget figures, this time with positive action. How-
ever, this illustrates once again the difference between governmental
accounting and accounting in private industry. In government, the
budget for revenue and expenditures is continually adjusted so that
at near end the figures do not exceed the budget. Also, he said, he
thought it would be a good idea sometimes to have the media pick up
an item like this sphere there is a good picture with revenues ex-
ceeding expectations. He said he thought this showed that Palo Alto
has nit become anti -business and property values are in no way fall-
ing. If the budget revisions were down for the amount under discus-
sion tonight, the public would certainly hear about it, he said, and
he felt the public should be told the good news also.
MOTION: Councilman Henderson moved, seconded by Comstock, that
Council authorize the appropriate changes in the 1973-74 Budget to
reflect adjustments in anticipated revenues.
Councilman Beahrs suggested that inflation might be a factor to be
considered An these increases.
Councilman Henderson responded that certainly inflation could be con-
sidered a factor but the fact that the sales tax is up $229,000 is
quite a percentage jump over what was anticipated and certainly
could not be contributed entirely to inflation.
The motion passed on a unanimous s vote (Norton absent) .
(Councilman Norton arrived at 7:38 p.m.)
Santa Clara ConntyUrban Development/
Open Space Plan --Final Version
MOTION: Vice Mayor Pearson moved, seconded by Henderson, to uphold
the recommendation of the Planning Commission and transmit to the
Santa Clara County Planning Policy Committee Palo Alto's agreement,
in principle, with the Final Version of the Urban Development/open
Space Plan of Santa Clara County. (The agreement is "in principle
since Palo Alto has already adopted its own Revised Definitions and
Policies which relate to the adopted Palo Alto Urban Development/
Open Space Plan and to the Palo Alto Open Space .Element of the
General Plan.)
The motion passed on a unanimous vote.
Change of P --C Development Plan
3801 East Byshore_ Road
MOTION: Vice Mayor Pearson moved, seconded by Berwald, that Council
uphold the recommendation of the Planning Cosmirasion and adopt the
following resolution:
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11/19/73
RESOLUTION NO. 4840 ENTITLED: "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO AMENDING ORDINANCE NO. 2665 TO CHANGE THE
DEVELOPMENT PLAN APPLYING TO THE P -C DISTRICT AT 3801 EAST
BAYSHORE ROAD"
Councilman Henderson asked for confirmation that the conditions in
Section 3 meant that the signs would be reviewed as signs not just
the colors. He noted thft the sign proposed for the side of the
building looked quite huge.
The City Attorney confirmed that Mr. Henderson was correct in his
interpretation of the section.
Respand5ng to a question from Councilman Norton, Planning Commis-
sion Chairman Mary Gordon confirmed that this item had been reviewed
by the Architectural Review Board. The ARB did not take action on
the signs specifically but they did approve the application. She
noted also that the next item Council would consider has gone to the
ARB too.
The resolution was adopted on a unanimous vote.
A2,plication of Toyota of Palo Alto
Chang of P -C Development Plan
690 San Antonio Avenue
MOTION: Mayor r'omstock moved, seconded by Norton., that Council up-
hold the recommendation of the Planning Commission and adopt the
following resolution:
RESOLUTION NO. 4841 EN' ITLFD: "'IlSOLUT1ON OF THE COUNCIL OF
THE CITY OF PALO ALTO AMENDING ORDINANCE NO. 2592 TO CHANGE
THE P -C DEVELOPMENT PLAN APPLYING TO 690 SAN ANTONIO AVENUE
TO ALLOW SIGN MODIFICATIONS"
The resolution was adopted on a unanimous vote.
Application and Appeal of William J. Herman
Use Permit to Allow Dwelling Units in the
C -3-S Zone at 520 Maybell Avenue
Mayor Co*atock mated that Council had received the Planning Commis-
sion's report and a report of the Planning staff to Council, infor-
mation concerning the hearing fns the Planning officer and a follow-
up report dated October 30 to the Planning Commission which refers
to a petition with 99 signatures in favor of Council supporting the
Planning Commission's rec endation to deny the permit.
MOTION: Vice Mayor Pearson moved, seconded by Sher that Council up-
hold the recommendation of the Planning Commission and deny the
application and appeal of William J. Herman for a use permit to allow
dwelling units in the C -3-S tone at 520 Maybell Avenue.
Councilman Norton stated for the record that he would neither partici-
pate nor vote on this item.
Councilman Beahrs consented that while he supports the motion and he
was not happy with the effects that this proposed structure would
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have on the community, he felt he would be remiss if he did not re-
mark that it is difficult for this Council to complain about the
shortage of housing in Palo Alto if it continually refuses to accept
proposals of this type. While he did not like the architectural
treatment, he would have hoped that some work could have been done
with the architect to make it acceptable. He said he felt that this
Council and this City must face up to developments of this character
since the City is not going to be able to carry the full burden alone.
Mayor Comstock responded to Councii-aau Beahrs and said that personally
he had always complained about the shortage of good housing in the
community. Palo Alto has to be selective and let the message go out
that the City is interested to proposals that meet standards of qual-
ity in the community and the objectives of the community in terms of
housing. Palo Alto should not be expected to carry the entire load
-of housing requirements in the northern county and he noted that the
City of San Jose has made it quite clear they do not intend to do
that either. There has to be a fair share proposition among other
cities.
Councilman Beahrs said his point is that quality costs money and he
felt that the City was kidding itself if Council thought that they
could forever reject projects of this nature, because if yo‘.. *ant
quality you have to pay for it and he personally vas not willing to
pay for it as a taxpayer of this co;.azunity.
Mayor Comstock said that he felt that Council sho old accept the recom-
mendation of the Planning Commission and deny this particular project.
The motion passed on a unanimous vote with Councilman Norton abstaining.
General Prevailing Rates for
Public Works Contracts
MOTION: Mayor Comstock introduced the following resolution and
moved, seconded by Serwald, its adoption;
RESOLUTION NO. 4842 ENTITLED "RESOLUTION Of THE COUNCIL OF THE
CITY OF PALO DETERMINING Ti.11 GENERAL PREVAILING RATES OF PER
DIEM WAGES IN CONTRACTS FOR PUBLIC WORKS FOR THE CITY OF PALO
ALTO ANn PROVIDING FOR PUBLICATION OF SUCH RATES AND RESCINDING
RESOLUTION NO. 4677 (ADOPTED NOVEMBER 20, 1172)
The resolution was adopted on a unanimous vote,
Employee Retirement Program: Proposed Amendment
Councilman Beahrs requested confirmation that this is largely estab-
i.ishing a formula. Mr. Sipel responded and noted that tonight's
action relates to some past increases in the cost of living which
a number of employees who retired before 1970 have not benefited
from in terms of increased funds.
MOTION: Councilman Beahrs introduced the following ordinance and
moved, seconded by Comstock, its approval for first reading:
"ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING
AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC "LOYEES"
RE? IREMEN1 SYSTEM"
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11/19/73
Councilman Henderson reviewed some figures and said it is interesting
to see what the City contributes monthly to the retirement system for
each employee as detailed on page 2 of Exhibit A. For non-public
safety employees, the City pays 9.76%; for public safety employees
the figure in around 12%. He questioned the retirement age and
asked if this was a change.
Mr. Sipel responded that the retirement age was 65 for miscellaneous
employees -until a couple of years ago when it became 63. They can
retire before that date but there is a difference between the normal
retirement age which is 60 and the maximum retirement age which is
63 and the longer an employee stays the more benefits he or she re-
ceives.
The motion passed on a unanimous vote.
Junior Museum and Zoo Roof Replacement:
Report on Bids (CfR:971:3)
MOTION: Vice Mayor Pearson moved, seconded by Henderson, :hat Council
accept the bid received from Shelton Roofing Company in the amount of
$7,465 and authorize the Mayor to execute the contrct for roof re-
placement at the Junior Museum and Zoo.
Mayor Comstock asked how old is the existing roof which is to be
replaced.
Mr. Sipel recalled that five years ago there were insufficient funds
to replace the roof on the old portion of the building and a decision
was made at that time to vait several years. He said that this con-
tract applies to work to bee done on areas that have been in place
for 20 to 25 years.
Responding to a question fran councilman Berwald, Mr. Sipel said that
he would supply details on the square footage of the roof to be re-
placed, but did not have them available tonight.
Councilman Berwaid asked whether the bid received was in line with
prevailing costs. He said it seemed rather high.
Assistant City Manager Charles Walker stated that it does sees high
but it is within the estimate that staff made for the project. Staff
had estimated the cost would be around $7,500. He said that staff
would be.happy to supply a supplemental report if Council desired.
The motion passed on a unanimous vote.
Catch Basin Reconstruction:
Report on Bids (0:973:3)
MOTION: Vice Mayor Pearson proved, seconded by Rosenbaum, that Coun-
cil find that this project has no significant environmental impact
and authorize the Mayor to execute a cimtract with Torres Concrete
Construction Company in the amount of $22,975.
The motion passed on a unanimous vote.
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11/19/73
Appointment of Second Assistant City Clerk
Mayor Comstock acknowledged receipt of the City Clerk's report of
November 15 concerning the appointment of Shirley J. Poitras as
Second Assistant City Clerk,
MOTION: Councilmae Berwald moved, seconded by Norton, that Council
approve the appointment of Mrs. Shirley J. Poitras as Second Assis-
tant CiCy Clerk effective November 26, 1973.
The motion passed on a unanimous vote.
American Bicentennial Observation
MOTION: Mayor Comstock moved, seconded by Pearson, that his New
Business item concerning formation of a community committee on the
At:erican Bicentennial Observation be considered out of order at this
time.
The motion to consider the item out of order passed on a unanimous
vote.
Mayor Comstock reviewed his thinking in brining this to the Council.
He said he has had some discussion with the Historical Association
and individuals in the community who are interested in the B,icen--
tennial Observation. The subject was also discussed at the recent
Arts Forum. In addition the Mayor's office has received correspon-
dence from the Hicentennial Commission and state organization. He
said it was his feeling that this is properly a commu.iity effort
and be would want the community to undertake this and not the City.
However, as a result of preliminary discussions, he realized that
some groups are waiting to see what other groups are going to do
and he felt that formation of a broad community committee might
serve as a focus point for individuals and groups who are interested
in this and serve as a vehicle to minimize the impact of duplicated
efforts and rivalry which might arise when several groups and indi-
viduals are working on projects such as this. He said his thought
was to ask Council for its support to the extent that they will
simply endorse the idea of a broad -scale community effort and that
any involvement by it divfdual council members after that would be
as individuals. He said he would hope ,and expect that the community
would respond well to this suggestion and it would be his intention
to make both a public appeal and a written appeal to organizations
and gather individuals and representativea of these groups together
in one room and say to them this is your City, your Bicentennial
and it is time for you now to get together and start working on
observation of Ole Bicentennial. Beyond that point, Council par-
ticipation would be as individuals and the Mayor's proposal covers
what he sees as the extent of City involvement.
Mayor Comstock recognized Mrs. D' rothy Nichols=
Dorothy Nichols, 1326 Emerson _Street, said that she felt it appro-
priate to mention that some members of CAPA (Council of the Arts)
have been thinking about the Bicentennial and have some ideas. Mrs.
Nichols said her idea was directed towards what the emphasis or the
theme of the celebration should be. She felt that this was not just
a celebration of 200 years of progress but that rather the country
would he intereu ted in looking back at what 1776 was all about and
what it was that inspired the world at that tile. She suggested a
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theme of life, liberty and pursuit of happiness to be expressed
through the arts with the performance of not just American plays
but plays to do with American ideals. Other suggestions she would
put forth included readings of same of the great works of the time
and debates. Mrs. Nichols said she would like to see something of
a lasting character accomplished through the celebration, something
which reflects what Palo Alto has done in the pursuit of life,
liberty and pursuit of happiness. She said she was speaking to just
one part of what the City could do as a whole --the artists' contri-
bution of the Bicentennial.
Councilman Berwald said he agreed with the Mayor that this was a
good idea and he felt that the way that the Mayor had, approached it
was fine. He said it was important perhaps to decide at the outset
whether the City would fund this particular activity or not. He
said it would be important that either the committee be completely
independent of the Ctty or know what type of financial support it
might expect and receive from the City. Secondly, he said he hoped
it .was the Mayor's intent that each Councilman or Councilwoman would
participate and submit names for membership on this group. The group
should be as diversified as possible, both in terms of representing
the people of Palo Alto and all the various groups --the youth, the
Historical Association, the business and professional group, organi-
zations, the cultural organizations, scientific and technology or-
ganizations, etc. Finally, Councilman Berwald suggested that per-
haps Council should depart from the idea of calling this a committee
and say that it authorizes the Mayor to fo7m a community group and
let the group itself decide what it wants to be called and what it
wants to accomplish.
Mayor Comstock said he had no trouble with Councilman Berwald's sug-
gestion and he was sure that the Council collectively could think of
most of the groups and any they might miss could be reached through
a general public appeal.
Councilman Beahrs said he agreed with the Mayor's proposal and the
suggestions that have been sine so far. He hoped that any group
that is fond would coordinate its efforts with those of other
levels of government so that duplication to any large extent is
avoided, Re said he could not nee supporting this effort with any
City story except perhaps a doubling of the fireworks budget for
July 4, 1976.
Mayor Comstock said it was not his intention to suggest any for of
financing. As outlined in the memo, his intention was to establish
community effort. At the outset it was his intention that there be
no implied funding commitment here.
Councilmen Norton asked the Mayor to outline how large the committee
will be and the manner in which the Mayor would seek Council input.
Mayor Comstock responded that he did not have a set idea on the make-
up of the committee. If this call produces 50 or 80 or 100 volun-
teers, that is a nice problem in a way becaues it means there are
a lot of interested people, Be said he would rather nott predetermine
the size, but just gat people together for a stated purpbse and then
let them organize themselves. Responding further to Councilman:
Morton, the Mayor said he vas going to follow up with a letter to
Council members and with a draft of a letter and a list of groups
that, at least initially, should be contacted and hopefully Council
members would add the names of iedividuals and gxoups that they wish
to be included.
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Responding to a comment from Councilman Clay, Mayor Comstock said
that he would not wish to head the group and could not make that kind
of commitment this far ahead. He foresaw the group picking its own
leader.
MOTION: Mayor Comstock moved, seconded by Pearson, that Council
authorize the Mayor to appoint a community committee to establish
and carry out appropriate observances of the American Bicentennial
in 1976 and that Council give this effort its endorsement and best
wishes.
The motion passed on a unanimous vote.
Palo Alto Bicentennial Grove
Mayor Comstock noted that Council had reached a point where it atilt
had Item 11 to consider, and when citizens wishing to show slides on
the Palo Alto Bicentennial Grove arrive, Council would revert to this
item.
Cubberiev His, School Football Team
Councilman Rosenbaum advised that the Cubberley High school Football
teas had just finished ac undefeated season which was their first per-
fect season in their 177 -year history. As a result, they are enter-
ing the Central Coast Section: playoffs with the first game scheduled
the Friday following Thanksgiving.
MOTION: Councilman Rosenbaum moved, duly seconded, that the staff
be directed to prepare a resolution congratulating the Cubberley
High School Football teas, and their coach, Mr. John Second, on
their outstanding performance and wishing them well in the upcoming
playoffs.
The motion passed on a unanimous vote.
Oral Communications
1. Harrison G. Otis, 909 N. California, expressed thanks to the
Mayor and Council for the holiday Thanksgiving letter which
was sent LO the Veterans Administration,Hospita1 to greet
the veterans at this time. The letter was delivered to
veterans in Palo Alto and Menlo Park, and Mr. Otis reported
that he picked up 50 copies and delivered them to various
hospital wards this afternoon and it was difficult for him
to express what this kind thought did for the morale of the
patients in these hospitals.
Executive Session
The Council recessed to Executive Session from 8:15 to 8:35 p.m, to
diacusa personnel appointments, then returned to the Council Chambers
to hear a presentation on the Palo Alto Bicentennial Gro7e.
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Palo Alto Bicentennial
Redwwood 'r ove
Mrs. Billy Prior described the Palo Alto Bicentennial Redwood Grove
which will be Palo Alto's contribution to the nation's 1976 Bi-
centennial observation. The grove is a citizens' participation pro-
ject made possible through the Sempervirens Fund whose purpose is to
raise funds to include in Big Basin Redwood State Park the entire
22,400 acre watershed area from the redwoods to the sea. This was
the Big Basin from which the park, took its name. The Palo Alto
Grove is 10 acres in size and will cost $8,500. This actually repre-
sents an investment of $17,000 in the future of the Redwood State
Park because the State of California matches the donations dollar
for dollar. The Sempe*virens Fund has raised $7,000 in a little
more than a year and it is evident that the full amount will be
raised an plenty of time.
Mr. Tony Look presented a series of slides showing the Palo Alto
Bicentennial Redwood Grove and endorsed Mrs. Prior's remarks.
Mr. Alan Jameson added further comments and said Council has seen
shat the grove looks like. He could promise that the grove will be
paid for or schedule before 1976. He describe1 the activities of
the Semperv{Sens Fund in raising funds for the grove and noted es--
peci.all•r that all contributions are tax deductible for the donors.
Mr. Ja.r,escn presented to Mayor Comstock a souvenir of the Palo Alto
Redwood Grove which eras a pine cone with redwood boughs encased in
plastic.
MOTION: Mayor C;;mstock coved, seconded by Berwaid. that Council en-
dorse the Palo Alto Bicentennial Grove and urge the community to
support the program and to obtain this grove for the Stare of
California.
The motion passed on a unanimous vote.
A Journment
The meeting was adjourned at 8:56 p.m.
APPROVED:
Mayor
ATTEST:
City Clerk
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