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HomeMy WebLinkAbout06131966245 6/13/66 City Hall Palo Alto, California June 13, 1966 The Council of the City of palo Alto met in an adjourned meeting from May 16, 1966 on this date at 7:30 p.m. with Vice Mayor Debs presiding. Present: Beahrs, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Rus, Sher, Worthington. Absent: Arnold, Comstock (arrived 7:40 p. m.), Woodward. Executive Session: The Council adjourned to executive session at 7:35 p.m, and recon- vened at 8:35 p. m. Vice Mayor Debs announced the appointment of Theodore C. Carl- strom to the Hospital Board, the appointment of Jacqueline Kiamm as City Clerk and a salary raise to Assistant City Clerk Kathleen Simkins. Councilman Dias moved, seconded by Rus, raise Assistant City Clerk, Kathleen Simkins, to Step 4 of her salary range - $572, effective March 1, 1966. The motion carried unanimously. Councilman Dias moved and it was duly seconded to hire Jacqueline Kl.amm as City Clerk effective July .5, 1966 at a salary of $686 per month. The motion carried unanimously. Councilman Sher moved, seconded by-Beahre —to a.ppoint Theodore ___r__Carlstromtn_-the-Hospital Board. The motion carried unani- mously. Obsolete and Superseded Ordinances MAIO City Attorney Michalski clarified the status of the ordinances which were to be repealed, noting that he had eubmitted a letter dated May 11, 1966 t� the effect that in his opinion the ordinances to be repealed were superseded. Councilman Comstock introduced the following ordinance and moved its acceptance for first reading: Ordinance entitled "Ordinance of the Council of the City of Palo Alto Repealing Certain Obsolete and Superseded Ordinances.14 The motions was seconded by Beahrs and carried unanimously. - 246 6/13/66 Rates of Per Diem Wa es in ili ontracts for Thi c Works City Attorney Michalski reported that a new wage scele has been adopted by the Building Trades Council of Northern California Counties and the City is required by statute to pass a resolution determining the general prevailing rates of per diem wages. Councilman Dias introduced the following resolution ana moved its adoption: Resolution No. 3892 "Resolution of the Council of the City of Palo Alto Determining the General Prevailing Rates of Per Diem Wages in Contracts for Public Works for the City of Pak Alto and Rescinding Resolution 3862 Adopted 12-20-65. " The motion was seconded by Beahrs and carried unanimously. Parkin" Rest:ictions - Stanford Industrial Park City Manager Morgan reviewed his report dated May 12, 1966 re- garding the proposed "No Parking" regulations in Stanford Industrial Park. Councilman Dias introduced the following resolution and moved its adoption: Resolution No. 3393: "Resolution of the Camel' of the City of Palo Alto Amending Re solution 2 971 Prohibiting Parking at Any Time Along Porter Drive and Certain Portions of Hanover Street and Hil1view Avenue. " The motion was seconded by Beahrs and carried unanimously. , Police Mutteal Aid Agreement - `ox *quo :moo and onnty of Santa Clara vagrausens City Manager Morgan reviewed bis report dated May 12, 1966 re- garding Mutual Aid Agreements stating that the proposed agreement is similar to that recently entered into with Menlo Park and Stanford, covering mutual 'aid by neighboring police departments in cases of day-to-day emergencies not covered by the Master Mutual Aid Agreement. He stated that he hoped' io submit to the Council soon a similar agreement with Mountain View. Councilman Dias moved and it was duly seconded that the Mayor be authorized to execute the agreement on behalf of the City for police mutual aid with the County of Santa Clara. The motion carried unanimously. 247 6/13/66 Claim for Dama es - arton ami ton City Attorney Michalski reported on a claim filed by Barton Hamilton, 5750 Fawn Drive, Santa Rosa, California in the surn of $50, 000 for damages resulting from his arrest and imprisonment by the Santa Rosa Police Department on a warrant issued for a parking violation and recommended it be denied in its entirety. Councilman Beahrs moved, seconded by Rohrs, to deny the claim in its entirety. It was noted by Councilman Flint that he would abstain from voting as he felt the City had not taken steps to eliminate this type of action. During discussion it was pointed out that the staff had been asked to review the procedure of issuing warrants although no written report back to Council was assigned. Upon review the staff was satisfied that this action was within the procedure established by the Municipai Court. City Attorney Michalski informed the Council that all citations are delivered to the Court and collected by the Court. The Municipal Court is an agency of the State, set up by the legislature, and as such, the City has no jurisdiction over its methods of doing business, The motion to deny the claim carried with Councilman Flint ab- staining. Claim for Damaw Bentz Perry City Attorney Micha slu reported aria dale tiled by Gentz F. Perry of 2310 Hanover Street, Palo Alto, for damage in the amount of $62.62 resulting when limbs fell off a eucalyptus tree during the storm of December 28, 1965. Upon investigation it was determined there is no evidence of negligence on the part of the City and he recommended the claim be denied in its entirety. Councilman Beahrs moved, seconded by Dias, to deny the claim in its entirety. The motion carried with Councilman Flint abstaining. ?rocedure for Hi•'ing Consultants Vice Mayor Debs proved, seconded by Flint, that the procedures for hiring consultants be referred to the Planning and Procedures Com- mittee for study and recommendation to the Council. Vice Mayor Debs referred to his letter to the Council dated April 22, 1966 regarding this matter. Discussion followed on consultants in specialized fields, availability and code of ethics in this profession. The motion to refer to committee carried on a majority voice vote. 248 6/13/66 Chamber of Commerce - City Financial r U Parciyation during 6-T'f iacaT Year Vice Mayor Debs noted that this matter had come before the Finance Committee in their consideration of the budget. Councilman Beahrs moved, seconded by Cooley that the City's financial participation in publications and activities of the Chamber of Commerce during 1966-67 fiscal year be considered during the public hearing on the budget. The motion carried unanimously. Traffic - Charleston Avenue R, U. Deck, 3580 S. Court Street referred to his letter dated May 9, 1966 which he had submitted to the Council. Mr. Morgan commented that the letter was written regarding "Extensive Wrong - way Driving" and added that Mr. Deck's letter and other communi- cations have been a matter of staff concern during the complicated construction project on Charleston Avenue. He stated there has been an effort on behalf of the contractor and the City Police De- partment to handle traffic problems to the best of tl.eir ability. Mr. Deck stated that in his opinion the. contractor had not put up eno•igh blinker lights and that although the problem seems to be concluded now, asked what action he should take in the future for simil �r probderns . Mr. Morgan informed him that for a traffic problem he should contact the Police Department and for a con- struction problem, the Engineering Department should be notified. Councilman Beahrs moved and it was duly seconded to adjourn the meeting of May 16. The rrot.6ii carried unanimously. The regular meeting of June 13, 1966 was called to order by Vice Mayor Debs. Pre sent: Absent: Council Minutes Beahrs, Comstock, Cooley, Debs Dias, Flint, Pearson, Rohr s, Rus, Sher, Worthington. Arnold, Woociwa.rd. Minutes of May 9, 1966: Page 213 under paragraph "Neighbors Abroad" next to last and )ast sentence the word "bulletin" was changed to the word "booklet." Page 223 under "Oral Communications" the spelling of the name "Dick" was corrected to "Deck." 249 6/13/66 Vice Mayor Debs moved and it was duly seconded to add on Page 218 just before paragraph beginning "The Chair ruled..." the words "Mr. Morgan interrupted Mr. Debs at this point and the Chair ruled this an unspoken point of order." The motion was defeated on the follow- ing tie vote with Worthington abstaining: Ayes: Comstock, Debs, Flint, Pearson, Sher. ,Noes: Beahrs, Cooley, Dias, Rohrs, Rus. Councilman Dias moved, seconded by Beahrs, to approve the minutes of May 9 as corrected. The motion carried unanimously. Minutes of May 16, 1966: Page 226 under "Reflectorized Street Signs," third sentence, delete the word "wooden." Page 2Z7, second paragraph, it was agreed to add after the words "University Avenue" the words "several montha ago" Councilman Beahrs moved, seconded by Comstock, to approve the minutes of May 16 as corrected. The motion carried unanimously. Hearing - Abandonment of 7.77,7.1-7,7nra Street Vice Mayor Debs opened the hearing and stated that notice has been published and posted as required by law and affidavit's thereef are on file in the Clerk's keffice. City Engineer Witbeck pointed out the area to be abandoned on a wall rnap; that properties on both sides of the street are now owned by the City and that the street would also become a part of the park. Mrs. Verdell Haynes, 405 Fernando, spoke in protest of the street abandonment and the park_. _ _ Cole Richmond, 260 Chestnut Avenue, speaking for the Chestnut - Wilton Home Owner's Association, spoke in favor of the park and the street abandonment. - There being no further protests, the hearing was closed. Councilman Rohm introduced the following resolution and moved its adoption: Resolution No. 3894: "Resolution of the Council of the City of Palo Alto Ordering the Vacation of a Portion of Ash Street." The emotion waa seconded by Beahrs and carried unanimously. Theatre Director Councilman Rohr' reviewed the action of the Public Works Commit- tee regarding the subject of ad4.itional personnel for the Community Ls 250 6/13/66 Theatre, The Committee recommended that the position of Theatre Director which is already in the current budget be approved when it comes up in the budget hearing. Councilman Beahrs mo'ied and it was duly seconded to continue the Public Works Committee recommendation of the proposal for a full- time Theatre Director to the public hearing on the 1966-67 budget. Councilman Flint stated he would like to make a minority report and bring up !natters other than the Theatre Director. Councilman Rohrs called a point o`, order, stating a motion to con- tinue was under discussion. The motion to continue to the public hearing on the budget was defeated on the following roll call vote: Ayes: r Beahrs, Cooley, Rohrs, Rus. Comstock, Drb, Dias, Flint, Pearson, Sher, Worthington. Councilman Rohrs moved and it was duly seconded to approve the proposal in the budget for a full-time Theatre Director. Councilman Flint remarked that other matters were considered in Committee - physical facilities and theatre personnel. The Chair ruled that Councilman Flint had the choice of bringing up further motions later on in the meeting under "New Business." The notion approving the budget proposal carried on a majority voice vote with Councilman Beahrs dissenting. Vertical Curbs 1: Councilman Rohn.. reviewed the Public Works Cornrnittee discussion on vertical vs.. rolled curbs. He moved, seconded by Comstock, that the future policy of the City be vertical curbs on all street de- velopments in Palo Alto. In answer to question of Councilman Sher regarding how this policy would be implemented, Mr. Morgan r erylied that if this is the policy of the City, the City Engineee will implement that policy in all cases. in projects initiated by the Council, plans will show vertical curbs and the Council will_ have the option to make amendments if they feel an amendment is appropriate. The motion approving the policy for vertical curbs in the City of Palo Alto carried on a majority voice vote. Cit ,er's k Office Councilman Comstock stated he wished to point out a correction in the May 23 minutes of the Planning and Procedures Committee - s,, 251 6/13/66 Page 3, first paragraph should read "Councilman Sher moved the Committee recommend the City Council re -affirm..." On behalf of the Committee, Councilman Sher moved and it was duly seconded that the City Council re -affirm the independence of all the offices of the Council appointed officials, that their responsibility be solely to the City Council and that this desire be communicated to the offices. In answer to comments from Councilman Flint regarding problems in the Clerk's office, Councilman Comstock agreed that the motion is general in nature but added that the Committee had considered Mr. Flint's questions and in his opinion clarified them; that the duties of the Clerk's office are set forth in Section 2 201 of the Admin-istrative Code; and the Committee had determined to look at the matter as administrative and not personal. Jean Slocum, 550 North California, suggested the following amend•- ments: 1. That the budget of the Council -appointed officers be sub- mitted by that officer to the Controller and that all pur- chases made throughout the year falling within that par- ticular officer's buc'_get be automatically approved but not be subject to puschasz order approved by the City Manager. 2. That all records which have been moved specifically from the City Clerk's office should be returned to that office. 3. The City Clerk receive applications, re==iew applicants, and hire personnel far her office. 4. The. City Clerk should at all times have adequate help and in case of emergency that immediate access to saiaziliary_ — help _be available to her Q" call. City Attorney Michaj'gki pointed out that most of Mrs. Slocum's suggestions were either covered by the Charter or were contrary to the Charter. Councilman Flint moved an amendment, seconded by Debs, that the office of the City Manager shall not make any recommendations or interfere with the office of the City Clerk. Councilman Rohrs moved, seconded by Beahrs, to return the matter t.o Committee for more details. Councilman Diaz pointed out that the Committee had c6-ne up with the only recommendation that they could and that was the one that would uphold the Charter and the Administrative Code. Councilman Comstock stated that the Committee had gone over the matter very carefully and he read Mr. Morgan's answers on the budget from Page 2 of the Committee minutes dated May 23, 1966. Councilman Rohrs withdrew his motion and Councilman Beahrs withdrew his second. 252 6/13/66 The amendment regarding City Manager recommendations or inter- ference with the office of the City Clerk was defeated on a majority voice v,,te. The main motion re -affirming the independence of all Council - appointed offices carried unanimously. (The Council recessed from 10:40 p. m. to 10:50 p. m. Council- man Beahrs left the Council Chambers at this time.) £mbareadero-Middlefield Road Intersection. Councilman Comstock reviewed the Planning and Procedures Com- mittee discussion. He moved, and it was duly seconded, that no further changes be made at this time at the intersection of Embar r__ari ro-Middlefie1d Road, Councilman Sher noted that the Committee asked the staff to rnake a study of the Oregon -Middlefield intersection with possible split phasing of the signal and suggested that the sane thing might be de- sirable at Embarcadero and Middlefield. He moved, seconded by Pearson, to ainend the motion by adding that the Embarcadero- Middlefield intersection be included in the study on split phasing at Oregon -Middlefield. The amendment carried on a majority voice vote. The main motion as modified then carried unanimously Project 65-3, Traffic Chan:zelization at En -711, arcacleio-mgt ays ore roc age Road — Cou_ncilman Comstock. on behalf of the Planning and Procedures -Com- mittee, moved. and it was duly seconded, to authorize the staff to proceed with Project 65-3, installation of traffic signal at East Bay- shore-Erub .rcadero Road, Discussion followed on whether the signal is necessary. traffic at that point, and particularly. the turning movements which create the conjestian. Councilman Pearson moved an amendment that white lines be added for pedestrian walkway. Upon assurance from Mr. Morgan that the intersection wil.1 be painted and signed for pedestrian safety as part of the project, Mrs. Pearson withdrew her amendment, The motion authorizing the staff to proceed with Project 65-3 carried on the following roll call vote: Ayes: Comstock, Cooley, Dias, Rohr*, Rua, Sher. Noes: Debs, Flint, Pearson, Worthington. 253 6/13/66 University Avenue District Civic en er- -street Parkint roject Councilman Worthington requested unanimous consent to bring up Agenda Item No. 25 followed by Agenda Item No. 17 at this time. There were no objections. City Engineer Witbeck reported the petition submitted by the prop- erty owns -s in the area has been checked and it has been determined that it has been signed by he owners of more than 60% in the area of the property subject to assessment for the proposed improvements as their names appear on the assessor's roll. The petition is in order as reported in the Certificate as to Adequacy submitted and which is also on file in the City Clerk's office. City Manage:- Morgan pointed out the area on a wall map and noted that the Project No. 66-8 is identical to the area commonly known as 52-13 and 52-14. Councilman Flint introduced the following resolution and moved its adoption: Resolution No. 3895: "A Resolution Determining to Undertake Proceedings Pursuant to the Palo Alto improvement Procedure Code for the Construction of Improvements Without Proceedings Under Division 4 of the Streets and Highways Code - University Avenue District Civic Center Off -Street Parking Project No. 66-8." Councilman Rohrs seconded the motion. Mr. Morgan in€or_�._+e the -C i_= "- that -what they w'mn1d be considering this evening is a report from the City Engineer outlining the basic specifics of the project. The project is that portion of the Civic Center development plan known as the Underground Parking structure. He reviewed the matters to come before the Council and pointed out that detailed plans and specifications are not required at this time. In answer to Councilman Sher regarding the method of assessment, Mr. Jones explained that the basic theory of the approach taken is that the Downtown area enjoys an area -wide benefit which must be measured by some standard related to the location of this parking facility in that area. This is regardless of present use. He added that it is impossible and improper for the Council at this time to attempt to equalize any detail. It is the duty of the City Engineer and staff to produce estimated figures for preliminary approval. Resolution No. 3895 v'as adopted unanimously on the following roll call vote: Ayes: Comstock, Cooley, Debs, Dias, -Flint, Pearson, Rohrs, Rus, Sher, Worthington. Noes: None. ZS4 6;13/66 Councilman Flint introduced the following resolution and moved its adoption: Resolution No. 3896: "A Resolution of Intention to Acquire and Construct Improvements - University Avenue District Civic Center Off -Street Parking Project No. 66-8." Councilman Rohrs seconded the motion and it was carried unani- mously on the following roll call vote: Ayes: Comstock, Cooley, lLebs, Dias, Flint, Pearson, Rohrs, Rus, Sher, Worthington. Noes: None_ The Engineer's Report was presented, consisting of puns and specifications, estimate of cost, and assessment roll and diagram. In answer to Councilman Comstock's question as to whether each property owner :Youid receive notice showing both the fixed and variable assessment, Mr. Morgan replied that each individual property owner '.'ould receive notice showing the fixed lien assess n-aent and then for his benefit a sample formula by which he could figure the variable portion of the assessment. He explained that it would be a very time; consuming matter for the City to make such a detailed computation, as the variable for each property owner; the result of the computation for the formal assessment levied against each propert, would not be at the time of the Notice but one year from this date, about October, 1967. Vice Mayor Deis asked if the Assessment District is formed predi- cated on the submitted plan whether the Council would be bound to accept this plan. Mr. Jones replied that the Council would have the .tu:hor ty at - =shy tir'ne after the District is form- �ad tomar-changes in the Engineer's Report on notice to the property owners in the District and would anticipate one more hearing on the plans by the architect. They would not be bound by this particular plan, they could change it upon notice of hearing. A change in the building de- sign which had a material effect on the parking layout would require a resolution for changes and modifications followed by a public notice and hearing ordering the change. The Council could order the change after the hearing. Councilman Sher expressed th.k feeling that the Council should not have t ) approve in advance _a seven story building with offices for the entire City operation because of this contract and objected to the plan as being ) specific and tying the City to a building the Council has never considered in detail, Mr. Jones explained that the petition the Council it responding to at this meeting is not specific on the number of stories, square feet, nor design of the building. -The. reason for more particulars is that the property owners be informed of these details in making their decision as to whether they want a District. The Council has the 255 6/13/66 final say on the final design and details but the law requires that the Council make these details known to the owners, The hearing is not going to bind, but guide the Council. Discussion followed on the plans for the Downtown Civic Center and effect the election would have on the plans submitted in the Engineer's Report. Mr. Morgan noted that there is a display of the architect's models in the public library and stated that if it is the Council's in- tent not to use these two exhibits as alternates A and B he would like to take them out of public view. Mr. Jones read the exact language of the petitions submitted and stated that in response to that petition it is necessary that an Engineer's Report be prepared to show the property owners in sub- stance what they are going to get. He explained that these are not construction drawings but the District is formed on the basis of these drawings. They show that some form of structure will be built downtown with off-street parking under it. This does not mean that this particular structure will be built. In answer to Councilman Pearson's question as to whether it could be stated in the report that the plans submitted are merely illustra- tive and not binding, Mr. Jones replied that that provision is in the law, the law says that the City Council may make changes upon notice of hearing. He stated that it is necessary for the Report to show the data that is in it and he would prefer to see it stay as k.t is but added that such a statement could be included in the Notice tf the Council so directed. Councilman Pearson moved, seconded by Rohrs, directing that the letter hich transmits the legal notice of hearing to the property owners tnclud.es the statement that these plans are preliminary in nature and may be changed by the City Council b'.ut there will be notice of legal hearing before any changes are made. The motion__ carried unanimously,_ Councilman Flint introduced the following .resolution and moved its adoption: Resolution No. 3897: "A Resolution of Preliminary Approval of Engineer's Report - University Avenue District Civic Center Off -Street Parking Project No. 66-8." The motion was seconded by Rus and carried or, the following roll call vote: Ayes: Comstock, Cooley, Dias, Flint, Pearson, Rohrs, Rus, Sher, Worthington. Noes: Debs. Councilman Comstock moved, seconded by Sher, that the notice of assessment to property owners include an estimate cif the variable assessment as well as the fixed lien assessment. 256 6/13/66 Mr. Morgan pointed out that if a precise estimate is to be given to each property owner as to Ms variable, it would not be possible to meet the suggested schedule. This would not require a change of the election date but would create a problem with the public hearing. He stated that if this is the Council's desire, he would request that rather than the July 18 hearing date, the Council set a date for the first Monday in August. In answer to question as to whether this matter could be removed from the ballot if there was a majority protest at this August 1 hearing, City Attorney Michalski advised that the election could not be changed, it would have to be called off. The nu ion to include an estimate of the variable assessment as well as the fixed lien assessment was defeated cn a majority voice vote. Councilman Dias introduced the following resolution and moved its adoption: Resolution No. 3398: "A Resolution Describing Proposed Boundaries of Assessment District, Directing Filing of Map and Directing Recordation of Notice of Assessment - University Avenue District Civic Center Off -Street Parking Project No. 66-8." The motion was duly seconded and carried unanimously on the fol- lowing vote: Ayer;: Comstock, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Rus, She -e, Worthington. Noes: Pone. Councilman Flint introduced the following resolution and moved its adoption, setting the hearing for July 18, 1966 at 7:30 p.m.: Resolution IVo. 3899: E4A Resolution Appointing Time and Place of Hearing Protests in Relation to Proposed Acquisitions and Improvements, and Directing Notice - University Avenue Dis- trict Civic Center Off -Street Parking Project No. 66-8." The motion was seconded by Rus and carried unanimously on the following vote: Ayes: Comstock, Cooley,, Debs, Dias, Flint, Pearson, Rohrs, Rus, Sher, Worthington. Noes: None. (Councilmen Rus and Cooley left the Council Chambers at 11;40 a. m) 257 6/13/66 1966-67 Budget Vice Mayor Debs moved the Finance Committee recornrnendation to approve the 1966-67 budget as amended and set a public hearing for the second meeting in June. The motion was seconded by Dias and carried unanimously. Arastradero 1tIts Annexation Councilman Flint introduced the foliovring resolution and moved its adoption, setting the bearing for July 11, 1966 at 7:30 p. ra. Resolution No. 3900: "Resolution of the Council of the City of Palo Alto Giving Not e of the Proposed Annexation to the City of Palo Alto of Uninhabited Te:eritary Described Herein and Designated 'Arastradero Hills Annexation' and Giving Notice of the Time and Plaee for Hearing of Protests Thereto." The .motion was seconded and carried unanimously. Adjour;ament Councilman Sher moved and it was duly seconded to adjolarn to Monday, June 27. Councilman Flint moved an amendment to adjourn to Monday, June 20. The motion to awes ". was defeated on the following tit vote: Ayes: Noes: Deos, Dias, Flint, Worthington. Comstock, Pearson, "'o} rs, Sher. The motion to adjourn to June 27 carried unanimously. The Council adjourned at 12:45 a. M. ATTEST: Assistant City Clerk APPROVED: Vice Mayor