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HomeMy WebLinkAbout03031969City Hall City of Palo Alto March 3, 1969 The .c.!-; he Ci;.y ui -ealo Alto met on this day at 7:30 p. m. with Mayor Arnold presiding. Prestnt: Are - d, Beaha a, Berwaid, Clark, Comstock, Dias, Gallagher, Gullixson, Pearson, Spaeth, Wheatley Absent: None Approval of Minutes - February 10 and February ; T, 199 MOTION: Mayor Arnold moved, seconded by Gullixson that the minutes of February 10, 1969, pertinent to the subject of the United Jewish Corn munity Center, be amt.rded as follows: (1) at the end of the second paragraph add "Mr. Gordon spoke to condition 5 restricting music or noise', and staid that he hoped it would be reasonably interpreted and enforced, and posed the example of an occasional casual use of a transistor radio playing rnusic.." and (2) add to the third paragraph "M r. Hildebrand responded with regard to condition 5 that the words 'and noise' should be deleted and that he agreed the example given by Mr. Gordon would riot present a problem calling for enforcement. " The motion carried unanimously by voice vote. The Minutes of February 10, 1969 were then approved as amended. Councilman Gallagher requested that in the paragraph concerning N['YYRminro ran pigs Arf9. fhat "Tw.,nAgge Advisory Committee" hp deleted and "Citizens Advisory Committee on Future Lases of the Present City Hats" be substituted. There were no objections. Councilman Gullixson requested that on page 363 of the Minutes of February 17, a margin note be made referring to the amendment to the Minutes of February 10 which was just adopted. There were no objections. The Minutes of February 17, 1969 were then approved as corrected and amended. Addition to Transit Routes MOTION: Councilman Clark moved, on behalf of the Planning and Procedures Committee, that System A of the Traffic Study as pro: - posed by staff be approved with the understanding that System A is adding an additional route to the southwest portion of the City. • 365 3/3/69 (NOTE: System A - Continuation of existing Routes 1, ?: 3, 4, 6 and would add a Route 7 designed to serve the southwestern portion of the City. The proposed Route 7 provides the most lob.'oa' pattern to serve the area. The proposed Route 7 would approximate the present scheduling on Route 1 which serves the California Avenue area - the proposed point of trans- fer between routes.) MOTION: Councilman Comstock moved, and it was duly seconded, to hear from the public although there is a motion before the Council. The motion carried unanimously by voice vote. Ross Staley, 4 147 Amaranta _Avenue, Palo Aito, spoke in opposition to Amaranta Avenue being included on the bus route. Jaynes W. Schmidt, traffic consultart from DeLeuw, Cather, & Co. , responded to questions from the Council concerning the best routing pattern for the rnaiority of prospective patrons in the area of the proposed additional route. The motion carried by majority voice vote. Ross Road Closure and Traffic .Area of Pag_e Mill Road/ Foothill Expressway/ Willow Roads El Camino Real Councilor, an Clark reported that the Planning and Procedures Committee recornnuds no action in reponse to the Council's request the traffic study include consideration of the closure of Ross Road and further traffic revisions to the area bounded by Page Mill Road/Foothill Expressway/ Willow Road/ El Camino Real. Change of District, 1700 Ernbarcadero Road MOTION: Councilman Spaeth introduced the following resolution and moved, seconded by Comstock, its adoption: Resolution No. 4210 entitled "Resolution of the Council of the City of Palo Alto Changing the P -C Development Plan Approved by Ordinance No. 1643 Applying to Property Known as 1700 Embar- cad.ero Road" The resolution was adopted unanimously by voice vote. MOTION: Cc+uncikrnan Spaeth introduced the following ordinance and moved, seconded by Gallagher, its approval for first reading: Ordinance of the Council of the City of Palo Alto Amending Section 18. 08. 040 of the Palo Alto Municipal Code Changing the Zoning of Certain Property Known as 1700 .r.mbarcadero Road from L -M -D to P -C 366 3/3/69 The ordinance was a�►pro; ed for first reading u a. ` reading u�,a.._z�wuely by voice Diamond Anniversary Committee Vice Mayor Dias reported on the events scheduled for celebration of Palo Alto's 75th Anniversary Year, noting that an "action line" telephone number has been provided (323.1969) which will use a recorded message to inform those who call of the week's activities and where to obtain tickets, if required. Report of ABAG Representative Vice Mayor Dias reported that Jack Mastester had been elected president and Ignazio Vella vice president of the Association of Bay Area Governments. Vice Mayor Dias also reported that the ABAG budget was passed unanimously, that Palo Alto's dues have been decreased, and that almost total recovery of stolen funds is anticipated. Miscellaneous Street, Project No. 67-3 (CMR:161:9) MOTION: Vice Mayor Dias introduced the following resolution and moved, seconded by Beahrs, its adoption: Resoluaon No. 4211 entitled "Resolution of the Council of the City of Palo Alto Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Land Located in the City of Palo Alto, County of Santa Clara, State of California, and Directing the Filing of Eminent Domain Pro- ceedings, Miscellaneous Street Improvement Project No. 67-3 The resolution was ad^pied on the-toiiowing roll call vote: Ayes: Arnold, . Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Gullixson, Spaeth, Wheatley Noes: Pearson Transfer of Park Abandonment Procedures to PAMC MOTION: Councilman Pearson moved, seconded by Comstock, the adoption of the following ordinance: Ordinance No. 2488 entitled "Ordinance of the Council of the City of Palo Alto Amending Chapter 22.08 (Park Dedications) of the Palo Alto Municipal Code to Try refer Park Abandonment Procedix es from Charter to Palo Alto Municipal Code (first reading 2/3/69) The ordinance was adopted unanimously by voice vote. Fiashin and Moving Signs MOTION: Councilman Gullixson moved, and it was duly seconded, to hear from the public regarding the proposed ordinance relating to flashing and moving signs. The motion carried by majority voice vote. Virgil McNab, Western Oil and Gas Association, urged that the proposed ordinance be amended to permit signs which rotate at 10 rotations per minute or less. William Anderson, attorney representing the Cabana, Rickey's Hyatt House, Rick's Swiss Chalet and the Palo Alto Chamber of Commerce, urged that the proposed ordinance be amended to permit signs vb:zich rotate at 10 rotations per minute or less. MOTION: Councilman Clark moved, seconded by Gallagher, the adoption of the following ordinance: Ordinance No. 2489 entitled "Ordinance of the Council of the City- of Palo Alto Amending Chapter 16. 20 of the Palo Alto Municipal Code (Signs) Prohibiting Flashing and Moving Signs (first reading 2/10169)" The ordinance was adopted on the following roll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Gallagher, Pearson, Spaeth, Wheatley Nees: Dias, Gullixson Miscellaneous Street Im rovernent Project No. 67-3 MOTION: Councilman Wheatley moved, seconded by Comstock, the ad.olstion of the following ordinance; Ordinance No. 2490 entitled "Ordinance Amending Section 12. 16.020 of Chapter 12. 16 of Title 12 of the Palo Alto Municipal Code by Establishing Underground Utility Districts Nos. 9 and 10, Miscellaneous Street Improvement Project No. 67-3 (first reading 2/10/69) The ordinance was adopted unanirrrouslyby voice vote. (The Council recessed from 8:55 to 9:17 p.m.) Human Relations Commission Appointments e. _.r ag Mayor Arnold announced that the Council had rnet in executive session during the recess and that► as previously indicated, present members of the Palo Alto Human Relations Council have been reappointed to the 368 3/3/69 newly established Human Relations Commission as follows: Ray L. Wilbur John Zenge r, Ph. D. Miss Helen Flack The Rev. Jun W. Jue - term • term w term - term expiring December 31, 1969 expiring December 31, 1970 expiring December 31, 1971 expiring December 31; 1971 MOTION: Mayor Arnold moved, seconded by Comstock to confirm the Council's action in executive session and appoint Alphonzo Cross to the term expiring December 31, 1969 which is currently vacant due to the untimely death of Raymond L. Fleming. The motion carried unanimously by voice vote. Communication in the Community See Page 376 MOTION: Councilman: Berwald moved, and it was duly seconded, that the Councii direct the City Attorney to prepare an ordinance amending the proce.iurai code, Section 2, 04. 050, to provide for written communication between councilmen relating to an agenda item being made available to the public when a councilman so requests. DiscusLion followed concerning whether any councilman could request that another's communication be distributed, and it was brought out that all communications are presently available to the public, along with ail other City files, in the Clerk's office. MOTION RESTATED: Councilman Spaeth stated his understanding of the intent of Councilman Berwald's motion is as follows: (1) letters written by a councilman to his colleagues relating to an agenda item may be circulated, if the originator of the letter elects to do so; (2) the circulation is to include the pa_ckets_which go to the libraries; and (3) the appropriate section of the procedural code_whic a woutu-------- - be amended is -to be left to the City Attorney in preparing the pro- posed amendment for return to Council. Councilman Berwald agreed that the intent of his motion is as restated by Councilman Spaeth. MOTION; Councilman Spaeth mowd, seconded by Beahrs, the previous question. The previous question carried unanimously by voice vote. The motion as restated then carried on the following roll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Gullixson, Pearson, Spaeth, Wheatley Noes: Dias, Gallagher Councilman Pearson stated that she will not offer her agenda item relating to communications at this time. 369. 313169 Ballot Argument Deadline Mayor Arnold announced that the deadline set for submission of ballot arguments is 5:00 p. rn. , Friday, March 21, 1969 and copses of proposed Charter amendments to be submitted to the voters Neill be available in the office of the City Clerk Proposed Charter Amendments re Recall Procedure Mayor Arnold requested that f Council hear from the public before considering the proposed Charter amendments regarding recall procedure. Mrs. Sylvia Sernan, President, Palo Alto League of W omen Voters, urged the Council to present for possible selection by the voters either the recall ballot form in use under general law or the form proposed by the Palo Alto Civic League, stating that the League prefers the PACL ballot form. M1s. Pat Saffir, 271? Bryant, Palo Alto, urged the Council to present to the voters either the recall ballot fore isuce under general law or the PACL fors:. Mrs. Nonette Hanko, Palo Alto Civic League, urged the Council to pre- sent to the voters either the recall ballot form in use under general law or the PACL form. Dean Cresap, 2020 Bryant, Palo Alto, Chairman of the Charter Review Committee, outlined the history of the general law recall procedure in California and spoke in opposition to submitting either the general law recall ballot form or the PACL form to the voters. Mrs. Etta Myers, author of minority report of the Charter Review Committee, urged the Council to present to the voters either the reCal1 ballot form in use under general law or the PACL form. Frank Roberts, member of Charter Review Committee, urged the Council not to submit to the voters multiple choice questions involving either the general law recall ballot form or the PACL form. MOTION: Councilman Berwald moved that the City Attorney be instructed to prepare a resolution incorporating in addition to the Charter Review Cemrnittee recommendation regarding recall pro- cedure, an alternative ballot form that would be essentially that of general law as modified by the Palo Alto Civic League. MOTION WITHDRAWN: Upon advice of City Attorney Hildebrand that each portion of the motion be presented separately, Councilman Berwald withdrew his motion. MOTION: Councilman Berwald moved, seconded by Beahrs, to direct the City Attorney to prepare a resolution which would pro- vide for presenting to the voters the re. ommendation of the Charter 370 3/3/69 Review Committee regarding recall procedures for signature by the Mayor. AMENDMENT: Councilman Berwald moved that the City Attorney would also provide a resolution that would place before the voters the alternative ballot form and procedures incorporated in general law as amended by the Ps io Alto Civic League. Mayor Arnold ruled the amendment out of order, stating separate resolutions for such proposed Charter amendments are appropriate. MOTION: Councilman Clark moved, seconded by Beahrs, the previous question. The previous question carried unanimously by voice vote. The resolution incorporating the recommendations of the Charter Review Committee relating to recall procedures was adopted on the following roll call vote. (NOTE: this resolution v.wi1l be known as Resolution No. 4212): Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Dias Gallagher, Gullixson, Pearson, Spaeth, Wheatley - Noes: None MOTION: Councilman Berwald moved, seconded by Baahrs, to direct the City Attorney to prepare an appropriate resolution for signature by the Mayor which would have the effect of placing before the electorate an alternative form of recall ballot in general law form as amended by the Palo Alto Civic League. The motion failed on the following roll call vote: Ayes: Beahrs, Berwald, Clark Noes: Arnold, Comstock, Dias, Gallagher, • -���i3iii5EEc7t1, Pearson, Spaeth, W heatley MOTION- Councilman Comstock moved, seconded by Pearson, to direct the City Attorney to prepare a resolution for signature by the Mayor to place before the voters the provisions of general law relating to recall as indicated in the report of the City Attorney of February 13, 1969. The resolution placing the general law recall provisions before the voters then carried on the following roll call vote' (NOTE: this resolution will be known as Resolution No. 4213): Ayes: Arnold, Berwald, Clark, Comstock, Gullixson, Pearson, Spaeth Noes: Beahrs, Dias, Gallagher, Wheatley 371 3/3/69 Miscellaneous Streets Project No. 67-3 - Clerno venue MOTION: Councilman Spaeth moved that the Hearing on Miscellaneous Streets Project No. 6,-3 be reopened at this time. The motion failed for lack of a second. MOTION: Councilman Spaeth moved that Mr. Gerald Ferrari, attorney representing Tan Construction Company, be permitted to speak. Mayor Arnold stated that Bond Counsel Jones had advised the Council may riot hear testimony concerning the Miscellaneous Streets Project No. 67 after the public hearing has been closed, stating that since the hearing has not been reopened, Mr. Ferrari's appeal procedure would have to be through the courts. The motion failed for lack of a second. Pro used Palo Alto Medical Research Foundation Hospital (Councilrn an Spaeth left at 11:25 D. m. and aid not- return) n Planning Commission Chairman Norton referred to his letter of February 27, 1969 to the Council transmitting the February 26 action of the Planning Commission recommending that the Council cause a committee to be appointed to meet with responsible repre- sentatives of the Medical Research Foundation Hospital and make its findings known to the Planning Commission prior to the March 26, 1969 meeting. Chairman Norton stated that in accordance with advice of City Attorney Hildebrand, he is not willing to offer the Planning Commission recommendation and that no action should be taken by the Council at this time. Economic Opportunity Commission In response to question from Vice Mayor Dias, City Attorney Hildebrand advised he will investigate the requirements concerning delegates and alternate delegates to the Economic Opportunity Commission to determine whether or not such delegates must be Council members. Adjournment There being no further business, the Council adjourned at 11:40 p.m. 372 3/3/69