HomeMy WebLinkAbout04191971ri-71 MINUTES
AMILJ city of palo alto
April 19, 1971
The Council of the City of Palo Alto met on this date at 7:30 p.m. in
a regular meeting with Mayor Wheatley presiding.
Present' Arnold, Beahrs, Berwald, Clark, Comstock, Dias,
Gallagher, Norton {arrived 7:32 p.m.), Pearson,
Wheatley
Al:sent: Spaeth
Minutes of April 5, 1971
Mayor Wheatley noted that Acting City Clerk Simkins had requested
that the Minutes of rj aril 5, 1971 be corrected on page 49, second
paragraph tc read: 'Amanda Noble, 376 Waverley Street, mem-
ber of the Mid -Peninsula Citizens for Fair Housing and speaking
for jean Hob: on , .. " There were no objections to the correction.
The Minutes of April 5, 1971 were approved as corrected.
Appointment of City Clerk
Mayor 'Wheatley announcedannouncedtfl:- appointment , of Miss Ann T-anner as
City, Clerk, effecti7e April .(:, 1971.
_Bicycle Route System
MOTION: Councilman Clark introducei the following resolution and
moved, on behalf of the Public Works Committee, its adoption:
Resolution :tic. 4441 entitled "Resolution: of the Council. of the
City of Palo Alto Approving and Adopting a Plan for an Urban
Bicycle Route System: Requesting Certain Public Agencies and
Stanford Pniversity to Accept Bicycle Route Designations; and
Directing the City Manager to Negotiate with Those Public
Agencies and Stanford University Regarding a Comprehensive
Bicycle Route and Path System for the Midpeninsula Area"
Mayor Wheatley asked if there were any objections to hearing from
the public at this time although there i3 a :motion before the Council.
T he.iC were no objections.
Miss Grad:: Mason, 3353 Alrr:a Street, member of Western Wheels
Bike group which is affiliated with the Arnerican W1 el:nen, read
a personal letter dated April 19, 1971 regarding the Bicycle Route
System.
Discussion followed regarding implementation, experimentation,
parking and policing. City Manager Morgan noted the
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of ExF _bit A wrii.s h includes all the charges_ rnodifica.ior.s and re
finements result:mg from dscussion with the Public Works Comrnittee.
The resolution was adopted unanimously on a voice vote.
MOTION: Cour_c_'.man Clark introduced the following resolution and
moved, on behalf of the Public Works Committee, its adoption:
"R esoiutiot of the Council of the City of Palo Alto Amending
Resolution 2 971 to Prohibit Parking one Certain Streets Deline-
ated.Herein With Referer,c;e to the Establishment of Certain
Bicycle Routes"
In respoase to question i egard:ng the resolution, City Attorney
StOTIV, arh. sed that -Section 5 of the resort::.or: has a 30 -day effective
date and stated it. would be his recommendation that the resolution
not be passed until the tirne of second reading of the ord.ranc_e es-
tablishing bic cle lanes and paths. He expia _ned that .f - tat were
done the resolution would become of ec :.ye on t -.e some date the
or'dirarn e would become efCe,:t_ve.
MOTION': Ma,or WLeatle}- moved, se-.onded ray Beahrs, to continue
the resolution ur,t l the time of 'J e ae.• o''.d read.na of he ordinance
e.stabLshing paths.
The i%o�i,or_ •_or:_iriue carried ce., a majority v..i::e vote,
Jr. response to q'.iestion, City Ma?ager Morgan stated t:aat first
rea.d ng of the ord=inance would be in order at this time and it would
be his suggesti-m that the second reading wait until the budget has
been amended :ir adopted to prov-.de for funds. at whitJ. time there
be a more definitive time schedule.
MOTION: Councilman Clark introduced the folio ring ordinance and
moved, on behalf of the Public Works Committee, its approval for
first reach -r12:
'Ordinance of the Council of the Cic-y of Palo Alto Establishing
Bicy: le Lanes and Paths on Certain City Streets and Authorizing
Implementa.tior. There{•f; and Arner.d ng Sections 10. 04. 040,
10.64.100, 10. f:4. 180, ar.d 10, 64. 190 of the PAMC, Repealing
Sections 10. c4. 110 and 10. f 4. 150 of the PAMC, and Adding
Setter in, f , 1 S to t e PAMC Providing for the Regulation of
Bicycle Licensing and Operation"
The ortina.nce was approved for first reading on the following roll
call vote:
Ayes: Arnold, Berwal.l, Clark, Cc'rristock, Dias, Gallagher,
Norton, Pearson, Wheatley
Nnr c. F3 at-rc
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Youth Ecological Service Program
Boyd Haight, Chairman of the Youth Advisory Council, reviewed their
report distributed to Council on April 15, 1971. He noted that no
projects are yet finalized and some projects may require City aid
in the way of staff help or resources and these would be presented
to the Council for approval before they were acted upon,
Donald Logan, 801 Welsh Road, President of the Palo Alto Exchange
Club, sponsors of the YES program, explained how the projects would
be selected with the aid of the School. District and stated it would be
the Exchange Club's responsibility to see that the program is carried
out.
In response to question regarding precornmitrnent of th- City, City
Attorney Stone advised that the endorsement being sought in no way
binds the City with respect to the giving of funds, time or other
resources for any project.
MOTION: Councilman Berwald moved, seconded by Beahr€, that
the City Council endorse the Youth Advisory Council's support of
and participation in the Youth Ecological Service program spon-
sored by the Palo Alto Exchange Club.
AMENDMENT: Councilman Norton moved, seconded by Beahrs,
to amend the motion_ by adding that it be understood the City does
not hereby agree to corrixnit City funds or other resources to the
project.
The amendment failed on a majority voice vote.
The motion carried on a unanimous voice vote.
Youth Advisory Council - Walk
or. Ma 1-nd
In response to question, Boyd Haight replied that approximately 700
people participated in the Youth Advisory Council project "Walk for
Mankind,"
Councilman Berwald noted that had parti- See Page 74
cipatedinthe "Walk," and commended YAC o:: their project.
Ch nie of District - Bryant Street
Pro`ect from to`F5 -F" and C-2
MOTION: Councilman Arnold introduced the following ordinance
and moved, seconded by Comstock, its adoption:
Ordinance No. 2597 entitled "Ordinance of thm Cc..�cii of
City of PALO Aito-Repeating Ordinance_ No. 2589 and Zon%ng
Certain Property in the Vicinity of University Avenue, Ramona
Street, Lytton Avenue and Florence Street P -F and C-2, as
Previously Zoned" (first reading 4/5/71)
The ordinance was adopted on a unanimous voice vote.
Chanke of District - City
Owned Properties to P -F
MOTION: Vice Mayor Gallagher introduced the following ordinance
and moved, seconded by Pearson, its adoption:
Ordinance Nc . 2598 entitled "Ordinance of the Council of the
City of Palo Alto Amending Section 18.08. 040 of The Palo Alto
Municipal Code to Change the Zoning of Certain Properties
Owned by The City to P -F (Public Facilities)' (first reading
4/5/71)
The ordinance wal adopted on a unanimous voice, vote.
Hoover Park Improvements
MOTION: Councilman Clark introduced the following ordinance and
moved, seconded by Gallagher, its adoption:
Ordinance No. 2599 entitled "Ordinance of the Council of the
City of Palo Alto Approving and Adopting a Development Plan
for Hoover Park;' (first reading 4/5/71)
The ordinance was adopted on a unanimous voice vote.
National Electrical Code - 1968 Edition
MOTION: Vice Mayor Gallagher introduced the following ordinance
and moved, seconded by Comstock, its adoption:
Prdinance No. 26C0 entitled "Ordinance of the Council of the
City of Palo Alto Amending Chapter 16.16 (Electrical Code) of
the Palo Alto Municipal Code to Adopt the 1968 Edition of the
National Ele'trical Code and to Make Certain Necessary Changes
Therein" (first reading 4/5/71)
The ordinance was adopted on a unanimous voice vote.
Compensation Plan_ -- Salary
of the City Clerk
MOTF/� N Vice wing i..t o.•.•
aray.al\il�; v Mayor Gallagher introduced the following .�-�•�•a.«xL,�
and moved: _seconded by Cvir,stock its "adoption:
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4/19171
Resolution No. 4442 entitled "Resolution of the council of the
City of Palo Alto Amending Resolution No. 4363 (The Compen-
sation Plan) to Change the Salary of the City Clerk"
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1
1
The resolution was adopted on a unanimous voice vote.
Retirement of Milton J.
Bevilockway (CMR:749:1)
Mayor Wheatley expressed the appreciation of the City Council to
Milton Bevilockway who has served as a member of the Palo Alto
Police Reserves for almost thirty years of continuous voluntary
service,
MOTION: Councilman Norton introduced the following resolution
and moved, seconded by Comstock, its adoption:
R esolution No. 4443 entitled "Resolution of the Council of the
City of Palo Alto Expressing Appreciation to Milton J. Bevilockway
Upon. His Retirement"
The resolution was adopted on a unanimous voice vote.
Embarcadero Wav Extension -
Assessment District (CMR:792:1)
Mayor Wheatley noted for the record that the Engineer's Certificate
of Sufficiency as to the adequacy of the signatures on the Petition for
formation of the acse•�ri-+ent district is on file in the Clerk's office.
MOTION: Councilman Arnold introduced the following resolution
and moved, seconded by Gallagher, its adoption:
Resolution No. 4444 entitled :`A Resolution Determining to
Undertake Proceedings Pursuant to the PAMC for the Acquisi-
tion and Construction of Improvements Without Proceedings
Under Division 4 of the e_ets and Highways Code - Embarcadero
Way Extension Assessment District"
The resolution was adopted on a unanimous voice vote.
MOTION: Councilman Arnold introduced the following resolution and
moved, seconded by G lldgher, its adoption;
Resolution No. 4445 entitled "A Resolution of Intention to Acquire
and Construct Improvements - Embarcadero Way Extension
Assessment District Project No. 70-61"
The resolution was adopted on a unanimous voice vote.
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Annual Side .lk Repair
Program (CMR:7 : iT
MOTION; Councilman Bias moved, seconded by Beahrs, that the
Manor be authorized to execute a contract with Anderson and
Guerrero Construction Company on behalf of the City in the amount
of $14,993.38 for the 1970-71 annual sidewalk repair program.
The motion carried unanimously on a voice vote.
DokLicensirg Program (CM.R:798:1)
MOTION: Councilman 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
Various Sections in Chapter 6. 16 of the PAMC Concerning
Licensing, Impounding, Keeping and Transferring Possession
of Dogs"
Councilman Berwald stated that a citizen had requested hirn to re-
present her before the Council and ask staff that the leash laws be
enfor c ed.
The ordinance was approved for first reading on the following roll
call vote:
Ayes: Arnold, Berwald, Clark, Comstock, Dias, Gallagher,
Norton, Pearson, Wheatley
Noes: Beahrs
Animal Shelter Preliminary Plans
Prc'ect No. 70.11 (CMR:794:i—
MOTION: Couecilran Arnold moved, seconded by Clark, approval
of the preliminary plans and cost estimate for the Animal Shelter
and directed that final plans and specifications be completed.
Discussion followed regarding Mountain View's share of the cost if
they decide to participate. Assistant City Manager Sipel explained
that the basis of cost to Mountain View would be on ueage of the _
facilit • rather_ then on population with Mountain View paying ?5 of
- the c -aphid i oste He atated that in the past six menthe their ratio
of use has been on a three to one basis.:
MOTION: Councilman Berwald moved, seconded by Gallagher, to
refer the preliminary plans and cost estimate of the Animal Shelter
to the Finance Committee to be considered concurrently with the
budget.
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City Manager Morgan directed attention to the fact that tl+e Council
has already appropriated funds and authorized proceeding with the
project in part. Additional funds are not requested in order to build
the facility.
The motion to refer failed on a majority voice vote.
The motion approving the preliminary plans and cost estimate carried
on a majority voice vote.
r7:il;'txea agates and Char es
(CMR:793:1)
Discussion followed regarding the gas rate increase to the City from
PG&E with Mr. Morgan explaining the increase from PG&E will
result in a $7,000 loss to toe City due to the fact the City cannot pass
the increase on to their consumers as quickly as PG&E does.
MOTION: Councilman Dias introduced the following resolution and
moved, seconded by Clark, its adoption:
Resolution No. 4446 entitled "Resolution of the Council of the
City of Palo Alto Amending Schedule G-1 of the City of Palo
Aito Utilities Rates and Charges"
the resolution was adopted on a majority voice vote.
Executive Session
The Council recessed to anExecutive Session for the purpose of dis-
cussing personnel matters from 9:10 to 9:45 p.m.
Utilities Rates and Charges (continued)
Assistant City Manager Sipe/ stated it was important to point out
that the $7, 000 loss would be an annual loss because of the mechanics
of the City's rates and PO1:E'fs and because of the City's rate -setting
policy.
MOTION: Councilman Norton moved, seconded by Gallagher, to
recons;der the smatter and refer to the x ivance Committee for review
the nutter of gas rates.
Mayor Wheatley ruled that Om matter before the Council at present
is only the matter of reconaideration and that referral of rates be
taken up at a later time.
The motion to reconsider failed on a majority voice vote.
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Housing Coznrnittee
Louis R. Goldsmith, President of the Palo Alto Housing Corporation,
reviewed his letter dated April 15, 1971 giving the Housing Corpora-
tion'e recommendations on the proposed Housing Advisory Committee.
MOTION: Councilman Clark moved, seconded by Beahrs, to refer to
the Planninp and Procedures Committee the Palo Alto Housing Cor-
poration's recommendations regarding the proposed Housing Com-
mittee plus all previous related correspondence on the matter.
The motion was carried on a unanimous voice vote.
Goals for Palo Alto
MOTION: Vice Mayor Gallagher moved, duly seconded, to continue
the matter for one week.
The motion carried unanimously on a voice vote.
Santa Clara County Water Commission
(CMR:800:1)
Councilman Pearson_ delegate to the Santa Clara County Water
Commission, referred to the report from Assistant City Manager
Sipel dated April 15, 1971, noting that Palo Alto is not in two of the
taxing zones and should protest inclusion in these two taxing zones;
that Palo Alto can save 60% rebate as a member of the Hetch-Hetchy
water users and we should protest the increase and ask that Palo Alto
retain their 60%; and Palo Alto should protest inclusion in the ser-
vice area zc•ne for underground water on the basis that we now im-
port our water and are not utilizing underground water.
MOTION: Councilman Pearson moved, seconded by Beahre, directing
staff to prepare a resolution to be presented to the Board of Directors
of the Santa Clara County Flood Control and Water Conservation
D-istrict protesting the inclusion of Palo Alto in various service
areas and protesting the reduction of Palo Alto's refund as Hetch-
Hetchy water users in accordance with the staff report.
The motion wee carried unanimously on a voice vote,
Police rtr:eat - Search
of Stanford Daily
MOTION: Councilman Comstock moved, seconded by Pearson, that
the staff be directed to prepare a report for the Council on the Palo
Alto Police Department's investigation and search of the Stanford
Daily files and that this report not only describe the reasons for
this action- but a eo diseess why this nrwep.per wa.•
how this action c iin be justified oT1"constitutional grounds.
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4/19/71
SUBSTiTUTE MOTION: Councilman Berwald moved, seconded by
Beahrs, that staff report to Council on the entire incident this
evening, including events preceding the episode at Stanford Medical
Center, Palo Alto's involvement, planning of the Policing involve-
ment, and the search for evidence following.
Discussion followed with Councilman Arnold quoting from the Stan-
ford Daily "it has been the Daily's policy to destroy incriminating
evidence so that it cannot be used in criminal or civil prosecutions."
and from a column by the Editor of the Palo Alto Times "That is not
our policy... whether or not the photograph is 'incriminating' is not
the basic criterion. .. the basic criterion is: Is it newswcrthp?... "
The substitute motion carried on a majority voice vote.
City Manager Morgan reviewed the events which took place at Stanford
Medical Center wherein the Palo Alto Police responded to a call for
assistance; preparation in providing the required manpower and
arrangements for observers; the numerous opportunities given to
the protestors to disperse; the breakthrough and ensuing violence
of a savage and brutal attack upon the .Po'ice.
He then reviewed the steps taken following this eventto develop in-
formation, prepare evidence and assemble facts which could lead
to the prosecution of those arrested for felony violations. Based on
testimony received, papers were prepared by the District Attorney's
office and an affidavit presented to the Judge of the Municipal Court
who reviewed the case, which included constitutional rights of free-
dom of the press, and the Judge signed the warrant for a search of
the Stanford Daily for photographic evidence.
Mr. Morgan concluded by stating he made no apologies for the
Police Department in any of these instances but instead highly
commended them..
Council members commended Mr. Morgan for his report and for
the actions of ?his staff.
MOTION: Councilman Berwald moved, seconded by Gallagher, to
table the matter.
The motion carried unanimously on a voice vote. See Page 74
Community Irnp,rovernent Program
MOTION: Mayor Wheatley moved, seconded by Comstock, to refer
the Community Irnproverr ent Program to the Planning Commission
for review'.
The motion carried unanimously on a voice vote.
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Change of District - 120 Bryan:
Sreet at Hawthorne
MOTION: Mayor Wheatley moved, seconded by Comstock, to refer
to the Planning Commission for return to its original zoning, the
P -C District located at 180 Bryant Street at Hawthorne.
The motion carried unanimously on a voice vote.
Standing Committee Assignments
MOTION: Mayor Wheatley moved, seconded by Comstock, to refer
to the Planning and Procedures Committee the Subject of number of
Standing Committees in view of the new nine council seating for
recommendations as to realignment of Standing Committees if
necessary.
The motion carried unanimously on a voice vote.
Oral Communications
1, Howard Lewis, Jr. , President of Adlai E. Stevenson House,
on behalf of their Board of Directors, presented a check in the
amount of $137.27 to the City of Palo Alto explaining this is a
portion of their voluntary contribution to all taxing auth-orities.
2. Bob Culienbine, 2875 Ramona Street, questioned procedures
with regard to the Youth Advisory Council spending funds within
their budget.
City Manager Morgan explained the procedure for expenditure of
funds by any City agency or department.
3. Walter E. Wallis, 2844 Waverley Street, spoke in support of
the Police action with regard to the Stanford Daily.
Adjournment
The meeting adjourned at 11:25 p.m
ATTEST:
Acting City Clerk
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4/19/71