HomeMy WebLinkAbout08101970MINUTES
1 cityofpaloalto
1
Civic Center
Palo Alto, California
August 10, 1970
The Council of the City of Palo Alto met on this date in an adjourned
meeting from August 3, 1970 at 7:30 p.m. with Mayor Wheatley
presiding.
Present: Arnold, Bea.hrs, Berwald, Clark, Comstock, Dias,
Pearson, Wheatley
Absent: Norton, Spaeth
MOTION: Mayor Wheatley moved, duly seconded, to adjourn the
meeting to Palo Alto High School Auditorium.
The motion carried unanimously by voice vote.
The meeting reconvened at Palo Alto High School at 7:55 p.m.
Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias,
Gallagher, Norton, Pearson, Wheatley
Absent: Spaeth
Mayor Wheatley, addressed the Council as follows: Tonight the
Council will, be discussing and deciding issues vital to the City. The
Council welcomes and invites ail views :af each particular issue. To
this end the Council furthzr intends to allow and enforce the rights of
all persons the freedom of speech, redress, petition and assembly.
In order to accomplish this, disruptions will not be tolerated because
disruption stifles the full exercise of those rights. If disruption
occurs, action will be taken to restore order as necessary. The .Coun-
cil fully intends to accomplish its business in a responsible, demo-
cratic and open fashion.
Sound Amplification
At the request of Councilman Pearson this item was withdrawn.
Investigation of Police Charges
p1R11Mr ®.227.. Fllu
At the request of Councilman Pearson this item_ was withdrawn.
Ad Hoc Citizens Group
City Manager Morgan reported he had met with Mr. Schneiderman
and members of his comittee, discussing in some detail such a com-
mittee's assignments and how they could be undert aken. He sum-
marized that a committee with this type of charge best serves its
purpose if appointed by the City Manager who has that authority
under the Charter and explained the procedure of such a committee.
Arthur Schsieiderrnan, Chairman of the proposed ad hoc
read their letter dated July 10, 1970, and spoke against
being formed by the City Manager and in favor of a corn
pointed by the Council and reporting to the Council.
committee,
a committee
rnittee ap-
Discussion followed regarding a City Manager appointed vs. ad
hoc citizens coomrnittec with Mr. Schneiderman answering questions
of Council.
MOTION: Councilman Comstock moved, seconded by Pearson, that
the Mayor be authorized to appoint a committee to deal with the con-
siderations presented h. Mr. Ccfine l -, .w and rna� had been presented —3 ?ti_ �_,.:z::,u:�."...Z:�^ - --d the
proposed ad hoc committee.
AMENDMENT: Councilman Pearson moved, seconded by Clark, to
amend the motion to include on the committee representatives from
the Midpeninsula Free University and the Youth Advisory Council
Chairman.
MOTION: 4 Councilman Pearson moved, seconded by Gallagher, to
hear from the public even though there is a motion on the floor.
Mrs. E. M. Kinderman, 501 Forest, asked the Council to appoint
to the committee a representative from those people arrested at
Lytton Plaza.
C-�7 r e
Mary , 990 Blair Court, spoke in support of an ad hoc com-
mittee.
Gordon Cressy, 555 Middlefield Road, stated he felt the cornrnittee
should be composed of 50% of people under age 30.
The amendment was defeated by the following roll call vote:
Ayes:
Noes:
370
$/10/7a)
Clark, Comstock, Dias, Pearson
Arnold, Beahrs, Berwa'1, Gallagher, Norton,
AMENDMENT: Councilman Clark moved, seconded by Norton, that
if the Council should appoint such a committee it would include a
member of the Humans Relations Committee and the Chairman of the
Youth Advisory Committee.
The amendment carried unanimously by voice vote.
AMENDMENT: Councilman Gallagher moved, seconded by Norton,
that such committee be chaired by the City Manager.
MOTION: Councilman Pearson moved, seconded by Clark, to hear
from the public even though there was a motion on the floor,
The motion carried unanimously.
Paula Feldman, 528 Churchill, spoke in favor of the amendment to
the motion to include representatives of the Midpeninsula Free
University and the Youth Advisory Council.
Harold Longr , esker, Los Robles Avenue, asked for a statement
from the City Attorney as to whether this ad hoc committee would
be legal.
The amendment to name the City Manager chairman of the proposed
ad hoc committee was defeated by the following roll call vote:
Ayes: Beahrs, Gallagher, Norton
Noes: Arnold, Berwald, Clark, Comstock, Dias. Pearson,
Wheatley
John Scott, no address given, stated he felt the Council had never
responded to the needs of the young or the poor and would not do
so at this time.
Jean Tarahia, 117 University (a business address) asked the Council
to investigate the problems of the community with the police.
Larry Stelzer, 255 Edtee, Chairman of the Palo Alto Chapter of the
American Civil Liberties *Union, spoke of fears in the community,
especially among the young people, and the need for an objective
committee.
Barry Roth, 445 Sherman, stated ke did not feel the suggested ad
hoc committee posed arty challenge to accepted procedures or the
City Charter and expressed confidence in either a Council or City
Manager appointed committee .
Dave Moskowitz, 27854 Black Mountain Road, Los Altos Hills, spoke
of the right wing activities of the preceding year and questioned re-
action and procedures of the Palo Alto Police Department with re-
gard to those activities.
371
8/10/70
30800 Drive, Cupertino, spoke in favor of a
Cott Hogan, .. ,
Council appointed committee and stated he felt young people should
be represented on the suggested committee.
Milton Gamage, 785 Moore Road, asked if the proposed committee
was legal.
AMENDMENT: Councilman Pearson moved to amend the motion to
request the committee to report to the Council by August 24.
The amendment died for lack of a second.
Mayor Wheatley asked City Attorney Stone to comment ail the legality
of such a corrareittee.
City Attorney Stone advised that under the Charter the ultimate
authority rests with the City Manager. The committee itself would
have no power whatsoever with regard to implementation of the
findings.
The motion to authorize the Mayor to appoint an ad hoc committee
was defeated by the following roll call vote.
Ayes:
Noes:
Comstock, Pearson
Arnold, Beahrs, Berwald, Clark, Dias, Gallagher,
Norton, Wheatley
In response to questions from Council, City Manager Morgan advised
that he .expected to appoint a committee this week; the committee to
meet as soon as practical, and he would expect to have a. progress
report within a 30 -day period. He stated there would be immediate,.
intermediate and long range problems. The committee will have
among its composition representatives of the Human Relations Corn-
miasion, the Youth Advisory Council as well as others. The com-
mittee will report to the City Manager and he will make a complete
report to the Council.
(The Council recessed from. 9:30 to 9:40 p.m.)
Regional Water Quality Control
H : tattas R e: rt CrfR 2 )
Cotiacilinan. Comstock requested staff to report on the current etatus
of the actions of the Regional Water Quality Control Board. City
Manager Morgan advised the Council that we now have full coopera-
tion and understanding by the Board staff and at a meeting of
August 27 staff will present the Board with. a plan modification to the
present plan which fits the requirements of the Board staff and their
recommendation to the Board will be that the "cease and desist"
order levied against the City of Palo Alto be rescinded.
The report was received.
372
8/10/70
Sister City Oaxaca, Mexico
Councilman Dias reported the exchange students have returned from
Oaxaca to Palo Alto and the students have brought a special eft from
the library in Oaxaca to the Palo Alto Library which will be on view
at the Main Library in the near future.
Mayor Wheatley accepted the gift with thanks on behalf of the City.
giou� Demoiation
1 a6 I�Gfllsei�I�Y�q.ISI�Yss
Councilman Pearson asked City Attorney Stone for a report on the
present demolition ordinance for the consideration of the Council
on Thursday, August 13. She stated such ordinance should require
the applicant for a demolition permit be required to prove the t uitd-
ing in question is vacant before issuing the permit since Council
does not want to be in the position of being a party to any eviction.
Mayor Wheatley directed City Attorney Stone to present a report
on such an ordinance in writing at the meeting of Thursday, August 13.
Oral Comrnunications
ssougimmbeicrimismear
1. Joe Simitian,_ 885 Drive, questioned the need for
the video tape device being used and asked that it be. re-
rnoved.
Mayor Wheatley explained that the camera is not in use
but in the case of any disruptions, it will be used.
2. Lief Erickson, 1625 Marshall Drive, Palo Alto Tenants
Union, stated that the Council did not respond to the re-
quests and needs of many citizens asking for help, but
rather responded only to the financial interests of the
area. He stated that the people were discouraged and
recognized that no help would be forthcoming and there-
fore would no longer be attending the Council meetings.
(A large group left the cha.rnber at this time)
3. Roberta Cane, 636 Webster, spoke of the people evicted
from their homes and asked the City Council to stop the
::cia'tC71ati.ons .
ai�fliw�+�a�s�nr
The meeting of August 3 was adjourned at 10:15 p.m.
* * * * * * *
373
8/10/70
1
The Council of the City of Palo Alto met on this date at 10:15 p- m.
with Mayor Wheatley presiding.
Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias,
Gallagher, Norton, Pearson, Wheatley
Absent: Spaeth
Division of Land and Conditional Exception
650 Les Trancos Woods Road
MOTION: Councilman Comstock moved, seconded by Berwald, to
uphold the recommendation of the Planning Commission to deny the
appeal of Donald M. Layne for Miscellaneous Division of Land.a* d
Conditional Exception for property located at 650 Los Trancos
Woods Road.
MOTION: Mayor Vv'heatiey moved, seconded by Beahrs, to hear from
the public even though there is a motion on the floor.
The motion carried unanimously.
Donald Layne, 3351 Kenneth Drive, spoke in favor of granting his
appeal from the Planning Commission decision.
- _ --- e ' Community nity Dev_el F ,� °•;'..advised
Director- of �Iaru�ang-olio ifs�z...:s.,.::_.� oprr_enf 1" Q31Yrr,-
the Council that the problem was the access to the property, tech-
nically the lot does not have access to a public street. In reply to
Council questions, he advised there are legal entr; rights to the
property; the critical dimension is the power of.deoication of land
for a road.
Discussion followed with Mr. Layne and Mr. Fourcroy responding
to questions. Mr. Fourcroy reviewed the application and advised
that the Council has the prerogative to grant the co ditional exception
whereas the Planning Commission does riot.
The motion to uphold the Planning Commission recommendation for
denial failed on the following roll call vote:
Ayes:
Noes:
Arnold, Berwald, Comstock
Beahrs, Clark, Dias, Gallagher, Norton, Pearson,
Wheatley
MOTION: Councilman} Dias moved, seconded by Beahrs, that the
petition of Donald Layne for a Conditional Exception for property
located at 6S0 Los Trancos Woods Road be approved.
The motion carried by majority voice vote.
374
8/10/70
Site and Design Approval
2585 �. Bayshore i ron Road
MOTION: Councilman Beahrs moved, duly seconded, to uphold the
recornmendation of the Planning Commission to approve the appli-
cation of Ad -Art Inc. for site and design control district for a sign
at 2585 E. Bayshore Frontage Road, Zone District L -M -D.
The motion carried unanimously by voice vote.
Transanortation Polio Committee
MOTION: Councilman Comstock moved, seconded by Gallagher. to
continue this item until August 17, 1970
The motion carried unanimously by voice vote.
Resolution of Appreciations
Clarence C. Lawso CMR:bO3:0)
MOTION: Councilman Gallagher introduced the following resolution
and :roved, seconded by Pearson, its adoption:
Resolution No. 4368Ae:ntaled_'fr'�esolution of the Council of the
City of Palo Alto Expressing Appreciation do Garen ce_C_,__
Lawson Upon His R etirernent"
The resolution carried unanimously by voice vote.
Meeting Place of Council
MOTION: Councilman .Arnold introduced the following ordinance
and moved, seconded by Gallagher, it approval for first reading:
Ordinance of the Council of the City of Palo Alto Amending
Section 2.04.01.0 of the Palo Alto Municipal Code Providing
The Mayor with The Authority to Change The Place of Meeting
upon Twenty-four Hours Notice
The ordinance was approved for first reading by unanimous voice
vote.
Saiariee cf CouncillAAppointed +Officers
MOTION: Councilman Berwald introduced the following resolution
and moved, seconded by Gallagher, its adoption:
Resolution No. 4369 entitled "Resolution. 0! The Council of The
City of Palo Alto Amending Resolution No. 4363 (The Compen-
sation Plan) to Change The Salaries of Council -Appointed
375
8/10/70
The resolution was adopted unanimously by voice vote.
Ad Valorem Assessment Fiscal Year 1970-71
University Avenue District Pro, ect Nos. 5213, •52-14
MOTION: Councilman Pearson introduced the following ordinance
and moved, seconded by Beahrs, its adoption with the tax rate set
at $. 506.
Ordinance No. 2572 ertitled "An Ordinance Fixing Ad Valorem
Assessment for the Fiscal Year 1970-71 - University Avenue
District - Off -Street Parking -Project No; 52-13; Off -Street
Parking Project No. 52-14"
The ordinance was adopted unanimously by voice vote.
Ad Valorem Assessment Fiscal. Year 1970-71
California Avenue District Off -Street Parking Project No. 55-5 _
•
MOTION: Councilman Clark introduced the following ordinance and
moved, seconded by Pearson, its adoption with the tax rate set at
$.746:
Ordinance No. 2573 entitled: "An Ordinance Fixing Ad Valorem.
Assessr __-t for -the -Fiscal 7
tr,�,,,. � o_7f'r- ' 1 - California Avenue
z..��..-.:�.szC:ii- - --s cc�--e :
District Off -Street Parking - Project No. 55-5"
The ordinance was adopted unanimcsusly by voice vote.
Ad Valorem Assessment Fiscal Year 1970-71
California Avenue District Beautification
Protect No. 60-5
MOTION: Councilman Norton introduced the following ordinance
and moved, seconded by Pearson, its adoption with the tax rate
set at $. 310:
Ordinance No. 2574 entitled "An Ordinance Fixing Ad Valorem
Assessment for The Fiscal Year 1970-71 - California Avenue
District Beautification Project No. 60-5"
The ordinance was adopted unanimously by voice vote.
Ad Valorem Assessment Fiscal Year 1970-71
California Avenue District Off -Street Parking
Project ?lo. 60-8
MOTION: Councilman Norton introduced the following ordinance
and moved, seconded by Pearson, its adoption with the tax rate
set at$.62.i;
376
8/10/70
Ordinance No. 2575 entitled "An Ordinance Fixing Ad Valorem
Assessment for The Fiscal Year 1970-71 - California Avenue
District Off -Street Parking -- Project No. 60-8"
The ordinance was adopted unanimously by voice vote.
Sto• Sian U•datin (CMR:606:0)
MOTION: Councilman Arnold introduced the following resolution
and moved, seconded by Comstock, its adoption:
Resolution No. 4370 entitled "Resolution of the Council of the
City of Palo Alto Amending Resolution No. 4291 Changing the
Citywide Stop Intersection System and Map"
The resolution was adopted unanimously by voice.vote.
Parking (CAM:(;05:0)
MOTION: Councilman Dias introduced the following resolution and
moved, seconded by Gallagher, its adoption:
Resolution No. 4371 entitled "Resolution. of the Council of Ti?
City of Palo Alto Amending Resolution No. 2971 Adding and
Removing Parking Restrictions on Certain Streets"
The resolution was adopted unanimously by voice vote.
Skyline Scenic Recreation Route
MOTION: Councilman .Arnold moved, seconded by Clark, to adopt
the joint power agreement for the planning and implementation of
the 4 -county Skyline Scenic Recreation Route.
The motion carried unanimously by voice vote.
MOTION: Councilman Arnold .moved, seconded by Wheatley, that
Councilman Pearson be appointed as representative to the joint
committee proposed by San Mateo County.... .
The motion carried unanimously by voice vote.
Oral Com rnunications
1. Charles Pottle, 3909 Middlefield, directed attention 01 the
Council to the existence of an ad hoccommittee to consider
the question of the Be -In ordinance, members consisting
of himself and four others.
Oral Communications (continued)
2. Kathy Malca rn spoke in opposition to the exclusion of
Midpeninsula Free University representation on a com-
mittee to investigate police/community relations, stating
it is not the number of MFU people being represented that
is important, but their strength.
3. Barry Roth, 445 Sherman Avenue, California Avenue Asso-
ciation, asked regarding the assessment districts voted
on this evening by Council and wondered how the Cambridge
Garage was affected.
City Controller Mitchell advised that the ordinances before
the Council did not involve Cambridge structure and that it
hacl been acted upon previously by the Council under dif-
ferent proceedings.
4. Alan McPherson, 3 7 6 Diablo Court, spoke on immediate
problems concerning housing and in favor of a moratorium
on demolitions.
5. Edna Garrity, 485 Embarcadero, expressed the opinion
that an investigating col rn ttee
cer ned
ehnttird represent all con -
6. Jan Hill; 108 East Charleston Road, spoke of his disgust
with the young people who are disturbing orderly procedures.
s�.d�s�arnmen:
There being no further business, the meeting adjourned at 11:45 p.m.
APPROVED:
ATTEST:
".
1� - fir cr.yy ^L,L.�
City Clerk.'
378
8/10/70