HomeMy WebLinkAbout04281969City Hall
Palo Alto, California
April 28, 1969
The Council of the City of Palo Alto met on this date at 7:00 p. m.
in Special Meeting with Mayor Arnold presiding.
Present: Arnold, Berwald, Clark, Comstock, Dias,
Gallagher, Gullixson, Pearson, Spaeth, Wheatle y
Absent: Beahrs
Oreendell School Program
Mayor Arnold ann. ,unced that the Special Meeting had been called
for the purpose of the presentation of the following Diamond
Anniversary Special event:
"STEP BY STEP"
Ari Historical Musical Pageatit
presented by
GREENDELL SCHOOL
VERSE SPEAKING CHOIR AND CHORUS
Author: Elizabeth A. Coppin
Music Directors: Mary Ellen McWiliam
Kay Sullivan
Mayor Arnold expressed to Principal Paul Ford and the students
asd teachers the appreciation of the Co
uncil -entire-audience
for the eitremeiy-enjoyable-and li formative program.
Adjournment
Th're being no further business, the Special Meeting adjourned
at7:25p.m.
*
* *
The Council of the City of Palo Alto met on this date at 7:35 p.
in regular meeting with Mayor Arnold presiding.
Present:
Absent:
Arnold, Berwald, Clark, Comstock, Dias,
Gallagher, Gullixeon, Pearson, Spaeth, Wheatley
Beahrs
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4/28/69
Hearing -
Otd Trace Road, et al, Protect No. 64-4
(NOTE: A verbatim transcript of the public hearing of this date
on Old Trace Road, et al, Project No. 64-4 will be on
file in the Office of the City Clerk.)
Mayor Arnold declared the public hearing open, advising that
three separate hearings are scheduled, ail of which will be com-
bined and held at the same time because all deal with the same
basic subject. These hearings are as follows:
1. Hearing on the question of whether the public convenience
and necessity require the proposed acquisitions and
improvements under the State Constitution.
2. Bearing on the Engineer's Report prepared pursuant to
Resolution No. 4215. This report, prepared by the City
Engineer, consists of plans and specifications, estimates
of cost, property descriptions, assessment diagram, and
a proposed asse sment, all of which are +.n file in the
office of the City Clerk.
3, Hearing on the question of forming Underground Utility
District No. 7.
Mayor Arnold further stated that all interested property owners
have been given notice of these hearings and have been given the
opportunity to file written protests. Additional protests, endorse-
ments and communications will be received by the Council at any
time during the hearing, but those written protests which were
on file with the City Clerk r't 7:30 p. rn. , and which are against
the proposed improvement and signed by the owners, will be
computed in determining the percentage area of arntost_
Mayor Arnold concluded his opening remarks, advising that anyone
interested may, after presentation of staff tet'timony, express
his views in connection with any of the subjects of the three
hearings.
City Clerk Rlarnm reported that affidavits of publication, posing
and mailing and as to the filing of the boundary neap with the
County Recorder and of the mailing on notice of the hearing on
the underground district are on file in the Office of the City Clerk.
City Engineer W;:.cck presented engineering testimony reord.ing
the assessment for rnula and benefits concerning the proposed
Project No. 64.4.
Mrs. Klamm advised that official written protests had been
received in her office frorn: Donald H. Alden, 4246 Manuela
Court; Esther B. Clark, M. D., 960 Old Trace Road; Nelle
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4/28/69
Barney, Mrs. Loretto Parr and Lorene Barney, 4166 Oak Hill Drive;
Frank H. Bower, 4256 Manuela Avenue; Velma J. and Robert C. Goodlin,
900 Old Trace Road; J. Douglas and Gloria Ann McConnell, 4174 Oakhill
Avenue; and Marjorie L. Eaton, and Edith Cox Eaton, 950 Old Trace
Road.
i
Bond Counsel Jones advised the Council of the numbers of votes re-
quired in various circumstances if the Project is to proceed, stating
that a four -fifths vote (9) is required for the resolution determining
convenience and necessity, while the other resolutions and ordinances
require only a simple majority.
Mayor Arnold then asked for testimony from those wishing to speak.
Esther B. Clark, 960 Old Trace Road, spoke in favor of the improve-
ment, but protested the amount of her assessment, particularly in re-
gard to an access road to Clark Park which crosses her property.
Mrs. Janet Cope, 4141 Old Trace Road, read a letter urging :educ-
tion of the proposed Project, stating the letter had been sent directly
to the horm,,,s of Council members and was signed by herself and Mr.
Cope, Bob and Lois Addicntt, Edward and Mildred Arbuckle, Dorthea
and Gabriel Almond, Walton and Truc'de Bell, and Edith Cox Eaton and
Marjorie L. Eaton.
Frank L. Crist, Jr. , attorney representing the Eaton farnily, and res-
idents of Oakhill and Mesa Avenues, stated that residents on Mesa have
filed a statement stating that according to their recoilectio-m the Council's
intent was to reduce the paved area of Mesa to 24 feet in width, al-
though Council Minutes of July 15, 1968 setting the street width do not
so state.
Miss Marjorie L. Eaton, 950 Old Trace Road, representing herself
and Mrs. Edith Cox Eaton, read her protest which is on file in the
Clerk's office. •
Edward Arbuckle, 4131 Old Trace Road, suggested trading Clark Park
so that that land may be developed and a park established elsewhere.
John Weakland, 4232 Manuela, objected to the proposed project.
Harry W ood, 849 Mesa Avenue, stated he understood M esa was to be
24 feet from, curb to curb rather than 30 feet and urged the change he
made in order to preserve certain trees.
Don Wurtz, 4186 Manuela Avenue, requested the Council consider some
street device to slow traffic entering Manuela and requested the six
large pine trees fronting his property be allowed to reanaiii.
Eugene Miller, 4217 Manuela Avenue, spoke in opposition to the total
project,
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4/28/69
Colin Hacking, 865 Mesa Avenue, urged that the trees on the
Woods property be saved and that Mesa be reduced to 24 -foot
street width.
Frank Bower, 4256 Manuela Avenue, referred to his letter of
protest and urged that his cottonwood trees be saved.
John Moore, attorney representing the Eaton family, objected to
the amount of the assessment to the Eaton property.
Scott Achelis, 888 Robb Road, objected to the proposed improve-
ment of the area.
Larry Klainer, , 4195 Oakhill Avenue, stated that it was his
recollection that both Oakhill and. Mesa Avenues were to be 24 -
feet wide fron. ,.urb to curb. Mr. Klainer also objected to the
inclusion of Clark Drive in the acquisition cost for the Project.
There being no one else present who wished to speak, Mayor
Arnold declared the public portion of the hearing closed.
City• Engineer Witbeck gave the written percentage of protest
report, stating that the percentage is E5%.
MOTION: Mayor Arnold moved, seconded by Berwald, to reopen
the public hearing.
The motion carried unanimously by voice vote.
Bond Counsel Jones advised the Council that there is nothing
extraordinary about Clark Drive which is an integral part of the
improvement project., and t} a fact that it happens to lead to Clark
Park is not a valid reason for not making the usual assessment
against property owners in the area, since all roads must lead
somewhere. He further advised that when larger than usual
contributions -a a -Trade icy-6tiers to and development cif particular
streets, it is because of such requirements as heavier base, extra
width, ;etc. which exceed standard street requireme=nts and would
not be needed by the residents of the area only.
Mayor Arnold then closed the public portion of the hearing.
Council discussion followed and Messrs. Morgan, Jones and
Witbeck replied to quebiionki cuncei si:gig : Mails of the proposed
Project.
MOTION: Cc.'ncilrnan Pearson moved, seconded by Berwald, to
modify the proposed Project by designating Mesa Avenue to be
paved 24 -feet curb to cur'o with 34 -feet for total right-of-way.
AMENDMENT: Mayor Arnold moved, seconded by Wheatley,
to delete 34 -feet right-of-way and substitute the 40 -foot right-of-
way presently provided in the Project plans.
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4/28/69
The amendment carried on the following roll call vote:
Ayes: Arnold, Berwald, Clark, Dias, Gallagher, Spaeth,
Wheatley
i
Noes: Comstock, Gullixson, Pearson
The motion as amended then carried on the following roll call vote:
Ayes: Berwald, Clark, Comstock, Gallagher, Guilixson,
Pearson, Spaeth, Wheatley
Noes: Arnold, Dias
Discussion continued concerning Project details.
MOTION: Councilman Pearson moved that Clark Drive be
deleted from the project subject to the im?act it has on the total
project.
The motion failed for lack of a second.
MOTION: Councilman Pearson moved, seconded by Spaeth, to
delay one week while staff gives Council answers regarding
removal of Clark Drive from the Project.
CLARIFICATION: City Manager Morgan advised that he under-
stood the intent of the motion is to investigate the effect an the
utility system, on absence of fire protection and on the Project
bid, if Clark Drive is withdrawn from the Project, and asked
for further guidan,,:7e. Councilman Pearson stated the intent of
her motion is that the Citv_ivianalfer also would determine from____
Los Altos or`LOi Altos Hills whether either ha rry inierest in
buying the Clark Park property.
AMENDMENT: Councilman Spaeth moved, seconded by Comstock,
to delay until May 19, 1969 rather than only one week.
The amendment carried on the following roll call vote:
Ayes: Arnold, Berwald, Clark, Comstock, Gallagher,
Pearson, Spaeth
Noes: Dias, Gullixson, Wheatley
The motion as amended then failed on the following roll call vote:
Ayes: Clark, Comstock, Pearson, Spaeth
Noes: Arnold, Berwald, Dias, Gallagher, Gullixson,
Wheatley
( The Council recessed from 10:02 to 10:16 p. m.
405
4/28/69
MOTION: Councilman Wheatley introduced the following resolution
and moved, seconded by Dias, its adoption:
Resolution No. 4238 entitled "Resolution Overruling Protests
on Resolution No. 4213"
The resolution was adopted on the following roll call vote:
Ayes: Arnold, Berwald, Clark, Comstock, Dias, Gallagher,
Gullixson, Pearson, Spaeth, Wheatley
Noe 3: None
Absent: Beahrs
MOTION: Councilman Wheatley introduced the following resolution
and moved, seconded by Berwald, its adoption:
Resolution No. 4239 entitled " Resolution Ordering Reduction
and Redistribution of Assessments in Accordance with
Construction Bids"
The resolution was adopted unanimously by voice vote.
MOTION: Vice Mayor Dias introduced the following resolution
and moved, seconded by Gallagher, its adoption:
Resolution No. 4200 entitled "Resolution Determining Convenience
and Necessity, Adopting Engineer's Report, Confirming
Assessment and Ordering Work and Acquisitions"
The resolution was adopted on the following roll call vote:
Ayes: Arnold, Berwald, Clark, Comstock,. Dias, Gallagher,
Gutlixson, Pearson, Spaeth, Wheatley
Noes: None
Absent: Beahre
MOTION: Councilman Gallagher introduced the following resolution
and moved, seconded by Berwald, the adoption of the following
resolution indicating award of contract to the low bidder, Freeman,
Sondgroth Inc. in the amount of $298,099.66 for work specified:
Resolution No. 4241 entitled "Resolution of Award of Contract"
The resolution was adopted unanimously by voice vote.
City Manager Morgan advised that all bids for the water and gas
system phases should be rejected and work should proceed under
force account.
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4/28/69
MOTION: Councilman Berwald introduced the following resolution
and moved, seconded by Comstock, its adoption:
Resolution No. 4242 entitled "Resolution Ordering Work By
Force Account"
The resolution was adopted unanimously by voice vote.
MOTION: Mayor Arnold introduced the following ordinance and
moved, seconded by Dias, its approval for first reading:
"Ordinance Amending Section 12. 16.020 of the Palo Alto
Municipal Code by Establishing Underground Utility
District No.
The ordinance was approved for first reading unanimously by
voice vote.
MOTION: Vice Mayor Dias introduced the following resolution
and .moved, seconded by Berwald, its adoption:
Resolution No. 4243 entitled "Resolution Authorizing Execution
of Agreement with the Pacific Telephone and Telegraph
Company"
The resolution was adopted unanimously by voice vote.
Colorado Avenue Metering Station
MOTION: Councilman Berwald introduced the following resolution
and moved on behalf of the Finance Committee its adoption:
Resolution No. 4244 entitled "Resolution of the Council of
the City of Palo Alto Finding and Determining that the Public
Interest and Necessity -R quire-ihe 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'
Proceedings"
The resolution was adopted unanimously by voice vote.
MOTION: Councilman Berwald moved on ioehalf of the Finance
Committee that the staff be requested to investigate the feasibility
of improving the aesthetics of the Pacific Gas AZ Electric Company
line west of Bayshore.
(Councilman Wheatley left at 11:00 p. m.)
The motion carried Unanimously by voice vote.
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4/28/69
Resolution of Appreciation -- Palo, Leyte
MOTION: Vice Mayor Dias introduced the followirs resolution
and moved, seconded by Comstock, its adoption:
Resolution No. 4245 entitled "Resolution of the Council of
the City of Palo Alto Expressing Appreciation to the City
of Palo, Leyte, The Philippines for the Gifts Commemorating
Palo Alto's Seventy -Fifth Anniversary"
The resolution carried unanimously by voice vote.
(Councilman Wheatley returned at 11:05 p, rTn. )
A reernent - Pacific Telephone and Telegraph Company,
M'isce 'I neous Street - Pao ect N. 67.3
MOTION: Councilman Comstock moved, seconded by Dias, to
continue to May 19 consideration of the proposed resolution
relating to au agreement with the Pacific Telephone & Telegraph
Company, Miscellaneous Streets Project No. 67-3 in accordance -
with the recommendation of City Manager Morgan.
The motion carried unanimously by voice vote,
Records Management - Retention Schedule (CMR:201:9)
MOTION: Councilman Clark introduced the following resolution
and moved, seconded by Gallagher, its adoption:
Resolution No. 4246 entitled "Resolution of the Council of the
City of Palo Alto Approving and Adopting a Records Retention
Schedule"
MOTION: Councilman Pearson moved to refer the City Managers
report on Records Management (CMR:201:9) to the Planning anc.t
Procedures Committee.
The motion to refer failed for lack of a second.
The re solution then carried on the following roll call vote:
Ayes: Arnold, Berwald, Clark, Comstock, Dias, Gallagher,
Gullixson, Spaeth, Wheatley
Noes: Pearson
Absent: Beahrs
Bay Delta Water Quality Control Pro rams (CMR:200:9)
1_71- _
City Manager Morgan presented his report on the Bay Delta Water
Quality Control program and advised no action is required.
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4128/69
Bay Conservation and Develol ,ert Commission
Mayor Arnold asked if anyone pi. w acut wished to be heard in
connection with support of extension of BCDC.
Mrs. Rose Wright, 3110 Stelling Drive, Palo Alto, representing
the American Association of University Women urged the Council
to restate their support of extension of BCDC and, in particular,
to support Senate Bill 347 (the Peteris Bill).
Richard Rosenbaum, 717 Garland, Palo Alto, urged support of
BCDC and that a forceful personal presentation of the support be
made to the Legislature.
(Councilman Spaeth left at 11:15 p. m. and did not return)
Mayor Arnold advised of receipt of letter supporting extension
of BCDC which he had received from the Santa Clara County
Board of Supervisors and from the Palo Alto Civic League.
MOTION: Councilman Berwald introduced the following resolution
and moved, seconded by Gallagher, its adoption:
Resolution No. 4247 entitled "Resolution of the Council of
the City of Palo Alto Supporting SE 347 Providing for Continuance
of the San Francisco Bay Conservation and Development
Commission.
AMENDMENT: Councilman Gallagher moved, seconded by Pearson,
to add Assemblyman Milias to the list of those to whore the Clerk
is to send copies of the resolution.
The amendment carried unanimously by voice vote.
°t'L,ar o1uiion as amended carried, unanimously by voice vote.
MOTION: Mayor Arnold moved, seconded by Clark, that the Mayor
or Vice Mayor or their designate deliver Resolution No. 4247 to
the Senate Governmental Efficiency Committee personally.
The motion carried unanimously by voice vote.
Human Relations Commission
MOTION: Mayor Arnold moved, and it was duly seconded, to continue
the item relating to the Human Relation Commission to May 19, 1969
as requested by Councilman Spaeth.
The motion carried unanimously by voice vote.
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4/28/69
South San Francisco Bay Wildlife Refuge
MOTION: Councilman Comstock moved, seconded by Arnold, to
direct the City Attorney to prepare a resolution in support of
HR 2749 regarding a proposed South San Francisco Bay Wildlife
Refuge.
The motion carried unanimously by voice vote.
Proposed United States Post Office Facili r
MOTION: Councilman Berwald moved, seconded by Pearson, that
the Council protest the proposed construction of the United States
Post Office facility at e northwesterly corner of Loma Verde
and West Bayshore Frontage Road.
MOTION: Councilman Comstock :moved, seconded by Berwald, that
the question of a U.S. Post Office development be referred to the
Planning; Commission for review and development of information
which will assist the Council in reviewing the =matter.
MOTION: Councilman Berwald moved, seconded by Clark, to hear
from the audience although there is a motion before the Council.
The motion to hear from the audience carried unanimously by voice
vote.
Robert J. Debs, 3145 Flowers Lane, Palo Alto, urged the Council
to take a stand tonight in opposition to the proposed facility of the
U.S. Post Office.
Allan Wilmander, 3361 Thomas Drive, Palo Alto, urged the Council
to take a firm stand against the proposed U.S. Post Office facility.
John Thiemann, 3458 Greer Road -Palo Alto,- urged the _ouncii to
take steps to oppose the proposed U.S. Post Office facility.
AMENDMENT: Councilman Berwald moved, seconded by Pearson,
to amend the rnotion to refer to authorize the Mayor to transmit
to U. S. Senators Murphy and Cranston, to U. S. Representative
Gubser and to the Postmaster General the Council's strong objection
to the proposed facility.
CHANGE OF AMENDMENT: Councilman Berwald, with the consent
cf his second, substituted "concern about" for "objection to".
The amendment as changed carried unanimously by voice vote.
The motion: to refer as amended carried unanimously by voice vote.
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4/28/69
Oral Communications
Edward Arbuckle, 4131 Old Trace Road, Palo Alto, requested
the City do whatever is necessary to permit the Old Trace
Road residents to obtain Palo Alto water rather than continue
being in the La Purissima Water District.
City Manager Morgan advised that the matter is currently
being handled by staff.
Adjournment
There being no further business, the Council adjourned at 11:45 p. m.
APPROVED:
AT,i'EST:
7.c1'941-.'ferk
Ma yor
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4/28/69