HomeMy WebLinkAbout082319711.1 MINUTES
LM cityofpaloaito
August 2?., 1971
The Council of the City of Palo Alto rnet on this date at 7:30 p.m. , in an
adjourned meeting of August 16, 1971 with Mayor Comstock presiding.
Present: Beahrs, Berwald, Clark, Comstock, Dias, Hender son,
Norton, Rosenbaum
Absent: Pearson
Mayor Comstock announced that Monday, August 30, 1971 being the fifth
Monday, there will be no Council meeting on that date. The next meeting
will be Tuesday, September 7, inasmuch as Monday, September 6, is
Labor Day holiday.
AB 235 (State Recreation Fund)
Mayor Comstock. asked City Manager Morgan to report on AB 2435. City
Manager Morgan stated that AB 2435 is presently before the Assembly
Revenue and Taxation Committee. This Bill attempts to provide an addi-
tional $100-150 million each year to acquire recreational property in the
State of California.
Mayor Comstock read a letter from Assemblyman Edwin L. Z'berg dated
August 20, 1971, stating that AB 2435 will be considered during the; 1972
Legi slati ve Session.
M+OTTION° Mayor Comstock moved, seconded by Henderson, that the staff
be directed to prepare for the Council a resolution endorsing AB 2435 for
transmittal to appropriate State legislators.
Discussion ensued as to the appropriateness of taking action at this time
when AB 2435 is before an Assembly Committee.
MOTION WITHDRAWN: Mayor Comstock with consent of his second
withdrew the motion.
See
Page 228
Mid -Peninsula Planuin Stud
Mayor Comstock acknowledged receipt of a letter from Robert R. Ayhbarger,
Vice -President for Business and Finance, Stanford University, indicating
Stanford University's inewillingness to support and participate in a. Mid -
Peninsula Sttirly st)hi#rt tr tenpin provisions.
Ham' --asked Lawrence Klein, --Vice=Cb it :° ars-of- the-?tanning--CormutsiiOn,
to comment on Commission's recommendations.
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8/23/71
Commissioner Klein stated the Commission's recommendation to Council
was that Palo Alto initiate a Mid -Peninsula Joint Planning Study and sup-
port it financially. The area to be included and the scope of the study
would be as set forth in the Planning C•.,mrnissioli Minutes of May 5, 1971.
Also to be included in the study would be such peripheral areas as may be
decided upon by the participating jurisdictions. Commissioner Klein
added further comments which, he said, would enable Council to get a
clearer picture of the Commission's intent than was recorded in the May 5
Minutes.
MOTION: Councilman Rosenbaum moved, seconded by Berwald, to
refer the question of a Mid -Peninsula Planning Study back to the .31an-
ning Commission.
The motion failed on a majority voice vote.
Mayor Comstock recognized Mrs. Nonette Hanko, who had requested to
speak to this subject.
Mrs. Nonette Hanko, 3172 Emerson, representing the Palo Alto Civic
League spoke in support of a Mid -Peninsula Planning .Study,
Boyd Smith, Manager, Real Estate, Stanford University, said Stanford
had made a presentation to the Planning Commission explaining the
Stanford Land Use Plan and Livingston & Blayn_ey's recommendations
to Stanford, and would welcorne the opportunity to make a similar pre-
sentation before the City Council.
MOTION: Councilman Rosenbaum moved, seconded by Henderson, that
staff be directed to contact surrounding cities to determine their interest
in funding the Mid -Peninsula Planning Study; the area of the study to be
as stated in the May 5 Minutes of the Planning Commission, but may
include peripheral areas as decided upon by participating parties. The
study plan to be submitted to the City Council for approval before a
contract is signed for the Study. (See page 227 for revised motion)
The motion passed on a majority voice vote.
Stanford Land Use Policy Plan
Mayor Comstock asked Vice -Chairman' the Planning Commission,
Lawrence Klein, to reps>rt.
Vice -Chairman Klein said the Minutes of August 4 and the Planning
Commission's recommendation to Council were not recorded correctly.
He offered a verbal recommendation different from that appearing on
Council's agenda.
MOTION: Councilman Berwald moved, seconded by Beahrs, that the
subject of the Planning Commission's recommendation to Cnurcii re
- garRtn the Stanford
" g Land Us e Policy Plan be ret..rneei_to, the Planning
Commission for clarification.
The motion failed on a majority voice vote.
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8/Z3/71
MOTION: Councilman Berwald moved, seconded by Clark, that the sub-
ject of the Stanford Land Use Policy Plan be filed.
The inotion was defeated on the following roll call vote:
Ayes: Beahrs, Berwald, Clark, Dias
Noes: Comstock, Henderson, Norton, Rosenbaum
MOTION: Councilman Rosenbaum moved, seconded by Clark, that the
Council transmit the Planning Commission's recommendations regarding
the Stanford Land Use Policy Plan to Stanford University, with a state-
ment that the Palo Alto City Council takes no positir: i on the Land Use
Policy Plan at this time.
The motion was defeated on the following roll call vote:
Ayes: Clark, Comstock, Hei.)erson, Rosenbaum
Noes: Beahrs, Berwald, Dias, Norton
Oral Communications
See
Page
228
1. Andrea Holman, 747 Dolores Street, spoke against the juvenile cur-
few in Palo Alto.
2. Leslie Nassan, 1969-1/2 University Avenue, spoke in opposition to
the sound ordinance prohibiting music at the Plaza after 11:00 p.m.
3. Molly McDonnell, 1018 Los Robles, spoke against the juvenile curfew.
4, Michael Fox, 3535 Evergreen Drive, asked Council to takes action to
remove the curfew,
Mayor Comstock responded to these comments, and expressed willingness
to meet with the complainents to discuss the cuT:fe.w. He advised therm of
the procedure to be followed to have this matter placed on a future Council
agenda.
Councilman Henderson, Council liaison with the Youth Advisory Council,
noted a Youth Advisory Council Connrnittee is reviewing the ssbject of
the curfew regulations and will be making re.;c=m a dations soon.
v
5. Jeffrey Youdelman, 720 Waverly, representing Venceremos, urged
Council to place the subjent of juvenile curfew on a future agenda.
E#djournment
The meeting was adjourned at 8:55 p, m.
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8/23/71
The Council of the City of Palo Alto met on August 23, 1971 at 8:55 p.m.
in a regular meeting with Mayor Comstock presiding.
Present: Beahrs, Berwald, Clark, Comstock, Dias, Henderson,
Norton. Rosenbaum
Absent: Pearson
Approval of Minutes of August 9, 1971
Mayor Comstock requested that on Page 199, fourth paragraph from the
bottom, at the end of the third line the word "East" be changed to "West",
referring to "West Meadow and Olive."
The first paragraph on Page 200, should be changed, second line "left
turn" should read "right turn" and third line "East Meadow" should
read "West Meadow."
Councilman Clark requested that Page 193, concerning Santa Clara
County Planning Policy Committee Resolution Adopting Joint Cities-
Couiity Housing Element, the first paragraph be revised as follows:
"Councilman Clark stated that apProxirnately three years ago the
Santa Clara County Planning Policy Committee had been designated
to develop a Joint Housing Element for the entire County. The
final recommendations were approved in resolution form by the
Committee on May 27, 1971. The various jurisdictions involved
will now study the recommendations contined in the Planning
Policy Committee Resolution in relatir n to the devel22. � ent or
modification of required individual Housing Elements."
Also, under the referrals to the Planning Commission, Page 1, and
Page 2 through item 4 add "of third resolve''; under referrals to
Human Relations Commission "Page 2, item. 5", add "of third resolve";
and under referrals to Policy and Procedures Committee, "Page 2,
item b", add "of third resolve." On Page 194, second to last para-
graph, line eleven, change the word "important" to "appropriate."
On Page 197, Councilman Henderson requested that the final two lines
of the motion be amended to delete "at the back of the alley near El
Camino Real" and insert "to serve Boulware Park."
The -Minutes of August 9 were approved as corrected.
City Tax Rate for 1971-72 Fiscal Year
MOTION: Vice Mayor Norton introduced the following ordinance and
moved, on behalf of the Finance and Public Works Committee, its
adoption:
Ordinance No. 2618 entitled "Ordinance of the Council of the
City of Palo Alto Fixing the Tax Rate for the Fiscai Year
_ 1971-72at_7a per $100 of assessed valuation"
The ordinance was adopted on a unanimous voice vote.
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8/23/71
1971-76 Community iniipruve,;,ent Program
Fc,othilis Land Ac uisition Project X10. 71-98 (CMR:896:1)
MOTION: Vice Mayor Norton on behalf of the Finance and Public Works
Committee introduced the following ordinance and moved, its adoption:
Ordinance No. 2619 entitled "Ordinance of the council of the
City of Palo Alto Arnending the Budget for the Fiscal Year
1971-72 to Make an Additional Appropriation to the Capital
Improvement Funds Foothills Land Acquisition Project No.
7i-93:
City Attorney Stone advised Council that a two-thirds vote was required
to adopt the ordinance.
The ordinance was adopted on the following roll call vote:
Ayes:
Noes:
Berwald, Clark, Comstock, Dias, Henderson,
Norton, Rosenbaum
13eahrs
Phiko--F ord: Erection of Signs
Mayor Comstock recognized Mr. Harold Abraham who had requested to
speak.
Mr. Harold Abraham, Facilities Manager, Philco Ford, said the recorn-
merdation to the City Council by the Planning Commission, as shown on
thy- agenda, was incorrect inasmuch as it stated that approval was recom-
mended `subject to the condition that the signs be turned off by 11:00 p.m.
In fact it had been agreed that the sign on the five story building would
be turned off at 11:00 p.m. and this condition did not apply to any of
tl;e other signs in question.
Mr. Lawrence Klein, Vice -Chairman of thr. Planning Commission, con-
curred with Mr. Abraham's statement.
MOTION: Councilrn,an Berwald moved, seconded by Norton, that the
Council approve the application of Phitco-Ford for erection of signs at
various locations on their premises so_ith of San Antonio Road and Bay -
shore Freeway subject to the condition that the sign located on the five
story building be turned off by 11:00 p.m.
The motion passed on a unanimous voice vote.
Max Kramer: Aggregation of Land
Pa_se Mill and Monte Bello Roads
—MOTION: Councilman Clark_moved, seconded by Berwald, to approve
the application as submitted by Max Kramer for aggregation of a parcel
It
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3/23/71
of land located near the intersection of Page Mill Rod and Monte
Bello Road, subject to the irrevocable offer of dedication by the
applicant to the City of Palo Alto of the land required for road pur-
poses. Acceptance of such dedication by the City of Palo Alto may
take place at a later time.
The motion passed on a unanimous voice vote.
Palo Alto -San Jose Transit �io�thority
Mayor Comstock acknowledged receipt-. of report from Councilman
Dias, Council representative to the Paso Alto -San Jose Transit
Authority. on their first meeting.
Vehicles on Residential Lots -
Working On and Storage
MOTION: Mayor Comstock introduced the following ordinance and
moved, seconded by Beahrs, its adoption:
Ordinance No. 2620 entitled "Ordinance of the Council of the
City of Palo Alto Amending Section 18.88.100 of the Palo
Alto Municipal rode to Prohibit the Servicing, Repairing,
Assembling, Disassembling, Wrecking, Ivlocdifying or Working
upon Any Vehicle, Trailer, Motor Driven Cycle, Boat,
Trailer Coach or Camper or Similar Device on Any Lot Used
for Residential Purposes" (first reading 8/9/71)
The ordinance was adopted on a unanimous voice vote.
Ad Valorem Assessment for Fiscal Year 1971-72
California Avenue District Offstreet Parking
Protect No. '!.;5-5
LOTION: Councilman Clark introduced the following ordinance and
moved, seconded by Bearers, its adoption with the tax rate scat at
$.728.
Ordinance No. 2621 entitled "An Ordinance Fixing Ad Valorem
Assessment for Fiscal Year 1971-72 California Avenue Dis-
trict Offstreet Parking, Project No. 55-5"
The ordinance was adopted by unanimous voice vote.
Ad Valorern Assessment for Fiscal Year 1971-72
California Avenue District Beautification, Project No. 60-5
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MOTION: Councilman Clark introduced the following ordinance and
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22I
8/23/71
Ordinance No. 2622 entitled "An Ordinance Fixing Ad Valorem
Assessment for Fiscal Year 1971-72, California Avenue Dis-
trict Beautification, Project No. 60-5"
The ordinance was adopted by unanimous voice vote.
Ad Valorem Assessment for Fiscal Year 1971-72
California Avenue District Offstreet Parking, Froiect No. 60-8
MOTION: Councilman Clark introduced the following ordinance and
moved, seconded by Beahrs, its adoption with the tax rate set at $.606.
Ordinance No. 2623 entitled "An Ordinance Fixing Ad Vat_arem
Assessment for Fiscal Year 1971-72, California Avenue Dis-
trict Offstreet Parking, Project No. 60-8"
The ordinance was adop`:ed by unanimous voice vote.
Ad Valorem Assessment for Fiscal Year 1971-72
University- Avenue District Offstreet Parking Project
Nos. 52-13 and 52-14
MOTION: Councilman Clark introduced the following ordinance and
moved, seconded by Beahrs, its adoption with the tax rate set at $.372.
Ordinance No. 2624 entitled "An Ordinance Fixing Ad Valorern
Assessment for The Fiscal Year 19H-72, 1-72, University Avenue
District Offstreet Parking Project No. 52-13, Offstreet Park-
ing Project No. 52-14"
The ordinance was adopted by unanimous voice vote.
Corn ensatior, for Council Appointed Officers
fr
MOTION: Manor Comstock moved, seconded by Norton, to table
the itern concerning compensation plan for Council •appointed officers
and consider it later in the meeting.
The motion passed on a unanimous voice vote.
Proposed Amendment No. 1 - Division of
Hiihways Maintenance A reement CMR:905:1
MOTION: Coun:.ilrnan Henderson introduced the following resolution
and moved, seconded by Dias, its adoption:
Resolution No. 4499 entitled "Resolution of the City Council
of the City of F'alo Alto Aaaroving Amendment vat Nuneber 1 tie
-Agreement for Maintenxance'of State -Highway in Cityof Palo
Alto"
Z27.
8/23171
The resolution was adopted o,- a unanimous :voice vote.
Stanford Industrial Park Underground
Conversion Project - Substructure Bids
(CMR:871:1; CMR:832:1
MOTION: Councilman Beahrs moved, seconded by Dias, to accept
the low bid of Power -Anderson Company in the amount of $39,750
for substructures in the Stanford Industrial Park Underground Con-
version and that the Mayor be authorized to sign the contract on
behalf of the City.
The motion passed on a una.nirnous voice vote.
(The Council adjourned to Executive Session ►rcrrm 9:'5 to
10:56 p.m. to discuss personnel matters)
Report on Salaries and Fringe Benefit Program
(CMR:909.1)
Mayor Comstock stated that the City Attorney had prepare'' addi-
tional material for inclusion in the resolution before Council this
evening regarding a compensation plan fo:- certain city personnel.
MOTION: M..yor Comstock introduced the following resolution and
moved, seconded by Berwald, its adoption:
Resolution No. 4496 entitled "Resolution of the Council of
the City of Palo Alto Adopting A Compensation Plan for
Certain Citl P-rsonnel (Effective June 28, 1971)"
City Attorney Stone read aloud the suggested new Section 4, with
the of iginal ,Sectio:: 4 to become Section 5.
AMENDMENT: Councilman BEahts moved, seconded by Henderson,
that Section 4 of the Resolution be changed to become Section 5 and
that a new Section 4 be inserted, as follows:
"Section 4. This resoluti-'n shall be effective immediately
prc sided, however, that the salary provisions hereof shall
not be adrninistrati; ely implemented Lr.til the EXECUTIVE
ORDER OF THE PRESIDENT OF THE UNITED STATES PRO-
VIDING FOR STAiILi2A TION OF PRICES, RENTS, WAGES,
AND SALARIES dated August 14, 1971, is found to be inappli-
cable to the employees of the C:ty of Palo Alto or November
12, 1971, whichever sooner occurs. Adr:;inistrative imple-
t.ientation at that time shall be pursuant to Section 3 hereof."
Responding to questions, Cit'! Manager Morgan coniirmed that there
should be added to Section 3 of the resolution "Pav Period No. 1,1
if btaginningJr tune rvi___- 1971.11
223
8/23/71
Thy amendment passed on a unanirnou + voice vote.
The resolution as :amended was adopted on a unanimous voice vote.
MOTION: Mayor Comstock introduced the following resolution and
moved, duly seconded, its adoption:
Resolution No. 4497 entitled "Resolution of the Council of
the City of Palo Alto Amending Sections 105 , 304, 406, 505,
519, 605, 606, 702, 1205 and 1206 and Adding Section 811
to the Merit System Rules and Regulations to Open Employ-
ment to Either Sex, Require Retirement at Age 67, Permit
Use of Sick Leave or Long Term Disability Benefits after
60 Days, Provide for Maternity Leave, and Eliminate
Obsolete Provisions'
The resolution was adopted on a unanimous voice vote.
MOTION: Mayor Comstock introduced the following ordinance and
nnoved, seconded by Henderson, its adoption:
Ordinance No. 2565 entitled "Ordinance of the Council of the
City of Palo Alto Amending the Budget for the Fiscal Year
1971-1972 to Make An Additional Appropriation to Provide
for Implementation of a New Employee Compensation and
Position Classification Plan"
The ordinance was adopted on, a unanimous voice vote.
Com�pe+a�tian Pl�►n for C t�l AppQinte Officers
MOTION: Mayor Comstock moved, duly seconded, to take this item
from table at this time.
The motion passed on a unanimous voice vote.
MOTION: Mayor Comstock introduced the following resolution and
moved, seconded by Berwald, its adoption and that there be included
in said resolution the following salaries:
City Manager
City Attorney
$2,800
2,150
City Controller
City Clerk
$1,750
1,050
Resolution No. 449$ entitled "Resolution of the Council
of the City of Palo Alto Adopting A Compensation Plan
for Council -Appointed Officers"
Mayor Comstock noted that the provisions of the new Section _4_to
the previous Resolution No. 4496 will also be added to the resolu-
tion before the Council.
The resolution was adopted on a unanimous voice vote.
224
8/23/71
Proposed Pe operty Exchange
Birch Street and ( of R/12/71)
Sherman Avenue �.C1.M_P .
Mayor Corngtock asked City Manager Morgan to report,
City Manager Morgan briefly reviewed the proposed exchange of
properties.
Mayor Comstock acknowledged receipt of a letter from Mike Golick,
Executive Manager, California Avenue Area Development Association,
Inc. , regarding the Central Palo Alto Planning Study.
MOTION: Councilman Rosenbaum moved, seconded by Her derson,
that the Council not consider the exchange of properties until plans
are presented to them for the development of the presently city -
owned property.
Mayor Comstock recognized Mr. Dale Denson who had requested to
speak to this subject.
Dale Denson, 1050 Guincia, representing the owners of the property
on the wester ly corner of Birch Street and Sherman Avenue, said
that their pans for the property located on the opposite side of
Sherman Avenue en the southerly corner of the intersection would
be for a two story office building, one story above ground level,
the other below ground leve'., in accordance with- the present zoning
for commercial use.
The motion was defeated on the following roll call vote:
Ayes:
Noes:
Comstcck, Henderson, Norton, Rosenbaum:
Beahrs, Berwald, Clark, Dias
MOTION: Councilman Berwald moved, seconded by Norton, to refer
the subject of the proposed pro;lerty exchange at Birch Street and
Sherman Avenue to the Policy and Procedures Committee.
The motion was defeated on a majority voice vote.
MOTION: Councilman Dias moved, seconded by Berwald, that
Council authorize and direct staff to negotiate with the owners of.
the property on the westerly corner of Birch Street and Sherman
Avenue and develop cer trai.i prci wing ior_the exchange of this
property with the City -owned property on the opposite side of
Sherman Avenue, on the southerly corner of the intersection.
The motion was defeated on the following roll call vote:
Ayes: Beahrs, Berwald, Clark, Diao
Noes:
- Comstock, Henderson, Norton, Rosenbaum
225
8/23/71
MOTION: Councilman Norton moved, seconded by Beahrs, that the
Council indicate its intention to consumate this exchange of properties
upon the applicants filing an acceptable plan for the half block bounded
by the alley and Sherman, Birch and Ash.
See Page
228
The motion failed on a majority voice vote.
MOTION: Councilman Henderson moved, seconded by Dias, that
the proposed property exchange be tabled for sixty days.
The motion passed on a majority voir.e vote.
Foothills Financing Plan
Mayor Comstock asked Councilman Dias to speak to this subject.
Councilman Dias stated she had been impressed with the discussion
held at the Finance and Public Works Committee rneeting and refer-
red to her memorandum to Council dated August 16, 1971.
MOTION: Councilman Dias moved, seconded by Beahrs, that the
Council direct that the Finance and Public Works Committee return
to the Council a ballot proposition (either bond financing or choice
of financial programs) in reporting hack to the Council on Foothills
financing.
Discussion ensued and Mayor Comstock said a member of the audience
might address Council.
William MciXaig, 452 Marion Avenue, stated that Foothills financing
is the biggest expense the City of Palo Alto has experienced and
urged Council to put the subject before the public by ballot.
The motion was defeated on the following roll call vote:
Ayes;
Noes:
Noise Abatement
Beahrs, Berwald, Clark, Dias
Comstock, Henderson, Norton, Rosenbaum
MOTION; Councilman Henciersnn mewed,_ seconded by Berwald, that
the Council ask staff to study the problem of noii e; to prepare frog_
gested noise control ordinances and recommend a 2rograrn for en-
forcement.
Mayor Comstock acknowledged letters received from P. W. Procunier,
Ph. D. , Advisor to Palo Alto Noise Abatement Committee, 2183
Bryant Street, and Janet F. Franks, 4248 Los Palos Place, Palo
Ato, on this subject, and stated that Dr. Vincent Salmon was
present this evening and wished to address
226
8/23/71
Vincent Salmon, 765 Hobart Street: Menlo Park, said he hoped that
Council would not request further studies be made on noise control,
but rather that means to implement such studies be sought.
The motion passed on a unanimous voice vote.
Wel n come to Bunenber Family
Upon request of Councilman Berwald, Mayor Comstock welcomed
Mrs. Edward Bunnenberg and daughters, 2351 Ramona Street, who
were atten(ing their first Council meeting.
Mid -Peninsula Planning Study
MOTION: Counciirnan Rosenbaum moved, seconded by Beahrs,
that Council reconsider the motion regarding a Mid -Peninsula Study,
made earlier this evening at the adjourned rneeting of August 16, 1971.
The motion passed on a majority voice vote.
MOTION: Councilman Rosenbaum, moved, seconded by Beahrs, that
the =notion rr.ade previously be changed by striking "that the staff
be directed to contact surrounding cities" and inserting "that the
Mayor be directed to contact the Mayors of surrounding cities."
(REVISED MOTION: that the Mayor be directed to contact -
the Mayors of surrounding cities to determine their interest
in funding the Mid -Peninsula Planning Study; the area of
the study to be as stated in the May 5 Minutes of the Planning
Commission, but may include peripheral areas as decided
upon by participating parties. The study plan to be sub-
mitted to the City Council for approval before a contract is
signed for the Study.)
The motion passed on a majority voice vote.
Adjournment
The meeting adjourned at 12:00 Midnight.
APPROVED:
li•A) CON,4-1\
Mayor
ATTEST:
City Cler= ,
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8/23/71