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HomeMy WebLinkAbout05091966211 5/9/66 City Hall Palo Alto, California May 9, 1966 The Council of the City of Palo Alto met in an adjourned meeting from April 25, 1966 on this date at 7:30 p.m. with Mayor Arnold presiding. Present: Arnold, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Rus, Sher, Woodward. Absent: Council Mi. utes Beahrs, Comstock, Worthington. The minutes of April 25, 1966, an adjourned meeting from April 11, were approved as submitted with the following corrections: With Council approval the following amendment was added on Page 207, Pre -Architectural Prospectus - "It was duly moved, seconded and carried unanimously to amend the motion and di- rect the Public Works Committee to work with staff to make recommendations to Council as to selection of architect." Page 210, after the words "Vice Mayor Debs moved" add the words "an amendment", and in the next sentence substitute the word "amendment" for the word "motion." elcozne to Foreign Students Councilman Dias requested, since the foreign- students were in -the -- audience, that Item Na. 1 of the May 9 agenda be taken up at this time. There were no objections. Mayor Arnold read a resolution conferring Honorary Citizenship of the City of Palo Alto to each of the students. The resolution was adopted unanimously on a voice vote. He stated a letter ►tad also been written from the Mayor to the Mayor of each city from which the students have come. The resolutions and letters were presented to: Elene Hailemariarn Chadly Ham.:a Denise Howell Marid Mercedes de Renobales Miss Somthanith Addis Ababa, Ethiopia Algiers, Algeria Bloemfontein, Orange Free State, South Africa Bilbao, Spain Vientiane, Laos 212 5/9/66 Council Meeting of May 23, 1966 Mayor Arnold noted that the institute of MF,yors and Councilmen will be held in Monterey May 22 through 25, during the time of the next scheduled Council meeting. In order: to allow as many Coun- cilmen as possible to attend the meeting in Monterey, Mayor Arnold moved that the regular meeting of the Council scbecluip-? for May 23 be advanced to May 16. The motion was seconded by Councilrran Dias and carried unani- mously. Hearing - Vacation of a portion of Ash Street Vice Mayor Debs requested that Item No. 2 of the May 9 agenda be taken up at this time since due to an oversight the public notices were not posted and the action tonight would merely be the setting of a new hearing date. There were no objections. Mayor Arnold announced that this is the.tirne andplace which was set for hearing on the proceedings for the vacation of a portion of Ash Street. Since the requirement regarding the posing of notices has not been met, and to avoid any possible challenge to the proceeding, Mayor Arciold suggested that Resolution No. 3879 be rescinded and a new resolution adopted. Vice Mayor Debs introduced tha following resolution and moved its adoption, setting the hearing fort- June 13, 1966: Resolution No. 3885 "Resolution of the Council of the City of Palo Alto of Intention to Order the Vacation of a Portion of Ash Street and Repeali;ug Resolution No, 3879." The motion was seconded by Councilman Rohr s and carried unani- mously. Police Department Buriget Councilman Shr reported that this item related to a mati.er being considered by the Planning and Procedures Committee. The com- mittee reviewed a report received from Chief Hydie relating to the strength of the Police Department. He gave the Planning and Pro- cedures Committee recommendation that it be desirable for a bud- get increase to strengthen the Police Department by an additional five -man beat, one "floating" policeman and one office clerk. Mayor Arnold stated the Council would take action on the committee recommendation at budget time. 213 5/9/66 Chamber of Commerce Councilman Sher moved the recommendation; of the Planning and Procedures Committee that the City Council should be guided by the principle that reimbursements may be provid*e.d the Chamber of Commerce only with respect to those publications or other activ- ities.• which, in the Council opinion it would be appropriate and de- sirable for the City itself to distribute or engage in. Councilman Sher reported it wzr•. the consensus of the committee that the Council does not have the power to simply make a grant to any organization that might request one. He stated the intent of this motion was simply to establish a standard by which to measure those individual items incorpol..ated in the Chamber's request. The motion was seconded by Councilman Pearson and carried unani- mously. Neighbors Abroad Summer Program Councilman Dias reported for the Sister City Committee on the Neighbors Abroad su:Tnmer program, speaking of the Philippine Folk Dancer3; the El Camino Bells as a gift to Oaxaca, Mexico, and Palo, Leyte; adult trips to Oaxaco, and the exchange student program. She and Mr. Wilson are working together to compose and compile a bulletin on tips to travelers going to Oaxaco. This bulletin will be ready some time after July 15. Flood Control Basin See Page 248 Councilman Sher reported that the proposed resolution arose out of discussion with the County on the Flood Control Basin. SincP_t�+�+t — -- -time the -matter has been considered by the Planning Commission in their study of the Baylands generally and noted that a representa- tive of the Planning Commission will meet with representatives of the Planning Commissions of Mountain View and Sunnyvale on this matter. Councilman Sher moved, it was duly :seconded and carried unani- mously, to continue this matter. Regional Water Quality Control Board City Manager }organ reviewed the report prepared by Water -Gas - Sewer dated April 18, 1966. He reported that the cities of Sunny- vale, San Jose and Los Altos have already adopted resolutions simi- lar to the proposed resolution, requesting the Regional Water Quality Control Board to refrain from taking action at this time. He stated it was the consensus of the various jurisdictions involved that to establish a uniform standard at this time would be premature since each city has a different standard and different beneficial uses; that a standard should be established only after the Regional Water Quality Control Board has had the benefit of the report provided under the Water Pollution Control Law of 1965. Councilman Flint stated that it had been explained to him the only thing the Board is asking is for the disinfection of the sewage dis- posal to meet the minimum standards of the State Department of Public Health to make water contact sports possible. Regarding the dissolved oxygen - this requirement is aimed at keeping the bay waters of such a quality that we can have the best sport fishing in the bay, namely salxn on and bass. Mayor Arnold introduced the following resolution and moved its adoption: Resolution of the Council of the City if Palo Alto Requesting the San Francisco Bay Regional Water Quality Control Board to Refrain from Taking Action at this Time on the Tentative Resolution 'Adopting a Policy Concerning the Beneficial Water Uses to be Protected in Tidal Waters from the Golden Gate and Within the San Francisco Bay Region.'" The motion was seconded by Councilman Rohrs. Councilman Flint moved and it was duly seconded to amend the reso- lution by deleting paragraph No. 2 of Section 1. Discussion followed on paragraph 2 with the though?s expressed that this paragraph asked the Board to wait until 1969 before taking any action, that there was time to meet with the Board on May 26, that the Board should be given a policy statement as requested, that paragraph 2 expressed what the City wanted - others felt that pars- Wa8not needed. -- Qranh _2 — _- City Manager Morgan explained that this paragraph is an expression of concern of four or five cities in this particular area and by making reference in the resolution, directing the Board's attention and ask- ing them not to take action until there is more kncwledge and the re- sults of this very comprehensive study have been analyzed. He noted that the City of Palo Alto is resolving this matter by imple- mentation of a consultant. The amendment to the resolution was defeated on the following roll call vote: Ayes: Debs, Flint, Pearson, Sher. Noes: Arnold, Cooley, Dias, Rohrs, Rus, Woodward. The resolution was then defeated on the following roll call vote: Ayes: Arnold, Cooley, Di? Rohr', R.us, Woodward. Noes: Dabs, Flint, Pearson, Sher. (Seven affirmative votes needi d to pass a resolution.) 215 5/9/66 Councilman Sher moved to reconsider the amendment. Council- man Rohrs challenged the motion, etating the main motion would have to be reconsidered. The Chair ruled that this matter had been disposed of for this evening. Traffic Regulation Changes City Manager Morgan reviewed the report dated April 20, 1966 which gave a summary and background of the three proposed changes. Mayor Arnold introduced the following resolution and moved its adoption: Resolution ent_cled "Resolution of the Council of the City of Palo Alto Amending Resolution 3112 to Make Northbound Traffic from Alma Street on the University Avenue Ramp Yield to Westbound Traffic on University Avenue." (Councilmen Rus and Woodward left the Council Chambers r z 8:40 p.m. Councilman Pearson stated it was her opinion this is a very dan- gerous ramp with cars moving quite fast and expressed the hope the stop sign would be maintained. Mayor Arnold moved, and it was duly seconded, to continue this item:. The motion was defeated on a majority voice vote. The resolution was then defeated on the following roll call vote: Ayes: Arnold, Cooley. Rohrs. Noes: Debs, Dias, Flint, Pearson, Sher. (Councilmen Rus and Woodward returned to the Council Chambers at 8:45 p, m. ) Councilman i?i s - `r t its ---�-j=z3 .n�:� �xzuced .be faiiorrv�a�g resolution anti -moved ��s adoption: Resoltuion No. 3886 "Resolution of the Council of the City of Palo Alto Amending Resolution 2970 and Amending Resolution 3731 (4-13-64) Prohibiting Parking Along Certain Portions of Page Mill Road." The motion wars seconded by Councilman Rohrs and carried unani- mously. Mayor Arnold introduced the following resolution and moved its adoption: Resolution entitled "Resolution of the Council of the City of Palo Alto Am, pdirg Resolution 3i 12 to Make Northbound Traffic 'on Alma Street Ramp B Yield to Westbound Traffic on Oregon Avenue Expressway and Rescinding Resolution 3208 Adopted March Z8, 1960." The motion was seconded by Councilman Rohrs. 216 5/9/66 In answer to question of Councilman Flint regarding the Yield sign, Mr_ Morgan explained that the "Yield" means to yield the right-of- way regardless of what your position and if a full std,: is necessary, you stop. He added there has been no difficulty with the driving public in utilizing the Yield signs. Mayor Arnold pointed out that the Yield sign would allow backed up vehicles to utilize the tremen- dous amount of time that occurs in a traffic gap. The resolution was defeated on the following roll can vote: Ayes: Arnold, Cooley, Rohrs, Rus. Noes: Debs, Dias, Flint, Pearson, Sher, Woodward. Page Mill Road - El Camino Real Left Turn Signalization City Manager Morgan reviewed his report dated April 20, 1566 giving the State Division of Highway's views toward left -turn sig- nalization at the intersection of Page Mi11 Road and El Camino Real. He reported that their recommendation for signal retuning at this intersection was accomplished March 14 and 15, 1966 and observations have indicated that the extra green time has materi- ally reduced the congestion on Page Mill Road. For this reason cost estimates for a fourth phase have not been developed at this time. Councilman Dias thanked the staff for their report and moved, seconded by Rua, ordering the report be filed with the study on grade separation. Councilman Sher remarked that the report was very timely in that the Transportation -Policy Committee was meeting_to _discusb_the Page Mill -Oregon Phase I Expressway Project and felt the report would be of interest to the Committee. (Councilman Woodward left the Council Chambers at 9:00 p. m.) Councilman Flint moved to amend the motion, seconded by Debs, to refer the report to the Transportation Policy Committee through Councilman Cooley, the Council representative. Councilman Cooley remarked that the Council should recognize that the Committee agenda has been set for two weeks and the matter could not be presented formally. The following meeting is the second Wednesday in June. Councilman Dias stated that the original notion was that the report be filed with the study on the grade separation and thus would be- come part of the study under consideration by the Committee. Vice Mayor Debs moved, seconded by Flint, an amendment to the referral amendment that duplicates be made of the report bnd dis- tributed to staff and members of the committee at the May 11 meeting. The amendment to the referral amendment was defeated on the following roll call vote: Ayes: Cooley, Debs, Flint. Noes: Arnold, Dias, Pearson, Rohrs, Rus, Sher. The amendment to refer was defeated on the following roll call vote: Ayes: Debs, Flint, Sher. Noes: Arnold, Cooley, Dias, Pearson, Rus. The motion to file the report with the study on grade separation carried on a majority voice vote. zwiio�ci- of Funds Central Stores Inventory City Manager Morgan reviewed his report dated April 20, 1966. Councilman Dias moved, seconded by Rua, that the reserve for Stores Inventory Account of the General Fund be increased from $230, 073 to $300, 000 to provide for the addition to the Stores Ware- house Inventory of electrical materials required for underground electric projects and maintenance thereof and that the increase be financed by a transfer from the Unappropriated Balance of the Electric Fund. In Councilman __ li tl _ .q -t - ` -' - -- this answer to n�.4uui�u .: z�ui a- t�teiuva as -to -whether any -of -�s-- Money would bs taken from furda earmarked for undergrounding, Mr. Morgan explained that all money would come from the electri- cal fund. that this action fa' essentially an inside house bookkeeping transfer. The charges that result from use of these materials are billed to the particular job at City expense or are paid either by connection charges or the subdivider. .AU of the funds are coming from the Electric Department since that department will be the user of this inventory. The motion carried on a majority voice vote. Time Schedule - West Trunk Sewer Project 65- (Chinning Avenue) w5 Mr. Morgan reviewed his report dated April 21. 1966, remarking that this is essentially an informational report. Councilman Dias moved, seconded by Rus, authorising the str#f to proceed with development of the engineering plans and data required. 2I$ 5/9/66 In answer to question of Councilman Flint as to where the funds are coming fr am, Mr. Mitchell explained that the financing of the West Trunk sewers is part of tiie budget for this year which will be dis - cussed in the Finance Committee meeting. The budget suggests a sewer rate increase plus an interfund loan to be paid back in approxi- mately 2 plus years if the sewer rate increase is granted, He noted that the Capital Itnprovement program outlines what is proposed (under heading "Projected Revenues") including the financing of the West Trunk Sewer Project. Mr. Morgan stated that the total commitment to meet the first phase is $1, 200, 000. The Council has already arranged for the first por- tion of that commitment. The balance is to be met by: 1. Sewer fund earnings and contribution of the Federal Goverr.- ment. (Staff is extremely optornistic that the application to the Federal Government will produce about 1/2 the cost.) 2. Increase of sewer rates and loan from underground fund with repayment of maximum about 3 years should all money have to be raised in this prase. In answer to question irorn Vice Mayor Debs as to how much honey would be spent before the budget is approved, Mr. Morgan replied that practically no money at all would be spent as the intial work involves essentially administrative and staff engineering overhead charges. Vice Mayor Debs, stated that the matter of sewer rates would be taken up at the next Finance Committee meeting. The Chair ruled as a point of order that it was appropriate to recog- n1Zienize following -roil - � r_-�-�.i Cis`�ii�cs �_.,.:-- rax-v.._v ass s..waiiZii -v�__Lii�-"- , Cain-vo tee. Ayes: Noes: Arnold, Cooley, Dias, Rohrs, Rus. Debs, Flint, Pearson, Sher. Mr. Morgan reminded the Council that they adopted a policy that urged the staff to give top priority to the sewer project. By bring- ing this report before their., the only intention was to inform them that staff was following their policy. He remarked that his concern with reference to expenditure of fund(., is a normal one because of the long-term planning aspects of :tn essential project. Completion of the project is not anticipated until August of 1967. He stated that in his opinion, this type of time schedule was important to meet re- quirements. The motion authorising the staff to proceed carried on the following roll call vote: Ayes: Arnold, Cooley, Dias, Rohrs, Rus. Noes: Debit, Flint, Pears^a, Sher. 219 5/9/66 (The Council receseed from 9:40 to 9:50 p.m.) Bids - East Bayshore-Embarcadero Traffic Signals - Project 65-3 Councilman Dias moved, seconded by Cooley, that the bids be re- jected in their entirety and the project be re -advertised. City Manager Morgan reported that the matter of signalization had been discussed in the Planning and Procedures Committee as one of the gas tax projects, the Traffic Engineer had reported that some control and sign: ,.ization was essential due tc increased traffic to the baylands and along the frontage roads. The Committee reviewed the gas tax projects and referred them back to the Council with the idea they would go back to Finance as part of the 1965-66 budget. Councilman Dias charged her motion to delete "and the project be re -advertised." In answer to question on reason for rejecting bids, City Engineer Witbeck explained that two-thirds of the work was in the grading the bids rr.eeited were from electrical contractors who_ Z71bcontracted the grading (the same grading contractor list(d for each of three bidders). He stated that if the bids were re -adver- tised, it would just be for the grading work with City forces doing the electrical item. Di3cussion was held on whether it was proper procedure for staff to advertise for bids on a project without Council approval. Council- man Cooley noted that each time administration takes action it is not necessary to have Council approval. He asked Mr. Morgan, financing aside, if -there was any requirement that says this matter should have been approved by Council before work began. Mr. Morgan replied that the governing factor, and to his knowledge the only factor in this case, was that the contract proposed exceeds the $5, 000 limitation which is placed on contracts which can be awarded by the City Manager without the Council's approval. He stated that the funds for this installation were originally in the Electric Department's budget which provides for about five signal installations per year. Since the Project required traffic signal"- zation work in addition to signals, the Project was considered to be eligible for gas tax financing. He noted that the staff had the author- ity to install traffic signals; , ithout Council approval and that this procedure has been the established practice. The motion to reject the bids in their entirety carried unanimously. Councilman Rohrs moved, it was duly seconded and carried unani- mously, to refer the matter to the Committee on Planning and Pro- cedures for a definite recommendation to Council. Claim for Dama es - Helen McLachlan Assistant City Attorney Hildebrand reported on a claim filed by }f ten McLachlan in the amount of $43. 50 for plumbing expense and rug damage at her property at 177 Tasso Street, Palo Alto, assert- 220 5/9/66 edly due to sewer backup on December 15, 1965. Upon investigation it was determined there was no negligence on the part of the City and he recommended the Council reject the claim in its entirety. Councilman Rohrs moved, seconded by Dias, to deny the claim in its entirety. The motion carried with Councilman Flint abstaining. Claim for Damages - Jacques Salabert Assistant City .Attorney Hildebrand reported on , claim filed by Jacques Salabert for an undetermined amount (estimated to be about $600) for damages incurred from an automobile accident on January 21, 1966. Due to the lack of negligence on the part of the City em- ployee and contributory negligence of the Claimant, he recommended that the Council deny the claim in its entirety. Councilman Dias moved, seconded by Rohrs. t_deny_rha_claim in its eriirety 1 he motion carried with Councilman Flint abstaining. Recommendations on Publication of ARun.icipal Code Mr. Hildebrand reviewed a report dated April 20, 1966 from the City Attorney regarding the recommendations of Book Publishing Company on codification of the Palo Alto Municipal Code. Councilman Dias introduced the following ordinance and moved, seconded by Rohrs, its acceptance, for first reading: Ordinance entitled "Ordinance of the Council of the City of Palo Alto Repealing Certain Obsolete and $uperseded_Ordina-ncet "- Councilman Sher commented on the statement "are reasonably cer- tain that they are obsolete and superseded", stating he would feel more comfortable if the Council had the City Attorney's opinion that they are superseded. Mayor Arnold moved, seconded by Sher, to continue the matter. Mr. Hildebrani urged the Council to keep in mind that this whole project is most important to keep moving through Book Publishing C ornpany. The motion to continue carried with Dias dissenting. Councilman Dias introduced the following ordinance and moved, seconded by Rile, its acceptance for first reading: Ordinance entitled "Ordinance of the Council of the City of Palo Alto Repealing Certain Sections of the Palo Alto Municipal Code." The motion warried unanimously. 221 5/9/66 Southern Pacific Parking Lots Councilman Pearson stated a resolution had been prepared at the request of Downtown Palo J,lto, Inc. regarding the "free" off-street parking lots of Southern Pacific. The following resolution was introduced by Councilman Pearson who moved, and it was duly seconded, for adoption: Resolution No. 3887 "Resolution of the Council of the City of 'Palo Alto Memorializing the California Public Utilities Com- mission to Prevent the Southern Pacific Company from With- drawing Existing Motor Vehicle Parking Areas from Use By Persons Using the Common Carrier Service of Southern Pacific Company." Mayor Arnold noted that neither Greyhound nor United Airlinee pr- vided free parking for their ust free .,,� customers. Councilman Dias remarked that there had never been any indication from Southern Pacific of intention to withdraw the free parking and the City of Palo Alto had not been requested by other cities to act for there. Councilman Sher stated that other utilities do not provide free parking but Southern Pacific has provided it and has now withdrawn the free parking from Mountain View and Sunnyvale, therefore it was his feeling the City should support this ;.eaoiution. The resolution carried on. a majority voice vote. Procedures for Hiring Consultants Vice Mayor Debs moved and it was duly seconded to continue the re- _ view on procedures for hiring consultants to the_ne t n eting �Thp motion was carried unanimously. Study of Taxicab Rate Regulatory Ordinance Vice Mayor Debs stated it was his understanding that the City's taxicab regulatory ordinance consists of the requirement that taxi- cab companies write to the Chief of Police giving him 30 days notice in advance of a rate increase. It was moved by Debs and seconded by Sher that the Planning and Procedures Committee review the taxicab rate regulatory ordinance and study ordinances of other cities regarding rate raises,. In answer to question, Assistant City Attorney Hildebrand replied that the cab companies are not subject to the Public Utilities Sys- te:u, that competition sets the level for rates, and posting fir 30 days serves as notice. 222 5/9/66 roe motion to refer to Planning and Procedures Committee carried ota the following roll call vote: Ayes: Noes: Arnold, Debs, Flint, Pearson, Rohrs, Sher. Cooley, Dias, Rus. Major Intersections - Study of those Requiring School Patrols Vice Mayor Debs withdrew his request for a study at this time of all -stop, key -controlled traffic signals for major intersections which require school patrols. Narcotics cases - Juvenile Crime Councilman Flint expressed the feeling that the report on police activities should be enlarged or regular reports should be submitted concerning crimes in the City, including traffic violations. He moved requesting a staff report on narcotics cases and juvenile crime. The motion died for lack of a second. Preliminary Bud:et Councilman Flint moved, seconded by Pearson, that the manner of the presentation of the Preliminary Budget be studied by the Finance Committee with the aim of simplifying it to allow for modification by the Council more readily. Caurieilrnan Pearson suggested an extra blank column in which Coun;.il changes could be written. Councilman Rus remarked that in his opin- ion the present form is vary comprehensive, clear and concise and he saw no need to change the form. The motion to refer was defeated on the following roll call vote: Ayes: Debs, Flint, Pearson, Noes: Arnold, Cooley, Dias, Rohrs; Rus, Sher. North County Cities Meetin1 re Parks and Recreation Councilman Flint moved, seconded by Deb., that the Mayor invite the North County cities, including Mountain View, Sunnyvaae, Los ,Altos, Los Altos Hills and Cupertino and the County to discuss the North County Park problem, both as regards siting and financing. 223 5/9/66 Mayor Arnold noted that there is a committee consisting of Planning Commission representatives studying parks in the foothills and another committee consisting of shoreline cities. i 1 1 The motion was defeated on a majority voice vote. Councilman Flint moved, seconded by Sher, to request the County to enlarge the Shoreline Cities COMMiSSiCrk to include all the Not h County cities which would include Los Altos, Los Altos Hills, and Cupertino. Councilman Sher moved an amendment, duly ae_onded, requesting the County to extend the Shoreline Commission study to include parks in the North County generally and rot restrict the study to parks along the shoreline. Councilman Rohrs remarked that the L'card of Supervisors set up the Shoreline Commission for a specific reason and in his opinion this amendment tended to "muddy the waters." After further discussion the amendment carried on the following roll call vote: Ayes: Arnold, Debs, Dias, Flint, Pearson, Sher. Noes: Cooley, Rohrs, Rus. The main motion as amended than carried on a 6-3 majority voice vote. Oral Communications I:usaellDick, 3580 South Court Street, Palo Alto, presented a letter See Page regarding extensive wrong way driving: 248 Adjournanent Mayor Arnold moved, seconded by Dias, to adjourn the meeting of April 25. The motion carried unanimously. * * Regular meeting of the City Council of May 9, 1966 was called to order by Mayor Arnold. Present: Arnold, Cooley, Debs, Dias, Flint, Pearsor, Rohrs, Rus, Sher. Absent: Beahrs, Comstock, Woodward, Worthington. i 224 5/9/66 Adjournment Councilman Rohrs moved and it was duly seconded to ajourn the meeting ni May 9, 1966 to May 16, 1966 The meeting adjourned at 11:32 p. m. APPROVED: Edward S. Arnold, Mayor ATTEST: Kathleen M. Simkins Assistant City Clerk