Loading...
HomeMy WebLinkAbout10031966369 10/3/66 City Hall Palo Alto, California October 3, 1966 The Council of the City of Palo Alto met in a Special Meeting on this date at 7:30 p.m. with Mayor Dias presiding. Present: Arnold, Beahrs, Comstock, Cooley, Debs, Dias, Flint, Pearson, Rchrs, Sher Abtment: Rus, Woodward, Worthington (arrived 7:35 p.m.) Salary Survey - Council -appointed Officers Councilman Cooley moved, seconded by Rohrs, to reaffirm action already taken by Council that the salary of Council -appointed officers be referred to the Personnel Committee for study and referral back to Council. The motion carried on majority voice vote. Palo Alto -Stanford Hospital Councilman Cooley stated that since the item referring to the Finance Committee report on the Palo Alto -Stanford Hospital had been placed on the Agenda, the Committee had had another meeting and could give a complete up-to-date report if the Council wished. Councilman Beahrs moved, seconded by Flint, to hear the complete -report. The motion carried unanimously. Councilman Cooley outlined the action which had taken place at the Finance Committee meetings of September 20 and 29. ___ co c `man C-oiaey moveci, seconded by cornstvk, the utrastimous recommendation of the Finance Committee that the Mayor be re- quested to reply to Dr. Sterling's letter offering $5,000, 000 for Palo Alto's share of the Palo Alto -Stanford Hospital informing hint that Palo Alto is not interested in selling its facilities in the Medi- cal Center. The motion carried unanimously. Sa.fet hteasuz es - Public Facilitieaz Councilman Comstock moved, seconded by Pearson. the ` icom- ,mendation of the Planning and Procedures Committee that the City staff be directed to have the following safety measures included in the plaits of all new public facilities: (1) pedestrian ramps, (2) easy - open doors, etc. Councilman Sher moved, seconded by Rohrs, an amendment to re- place the words "be directed to have" with "give consideration to having". The amendment carried unanimously. The amended motion carried unanimously. 370 10/3/66 Transportation Study Councilman Comstock moved, seconded by Pearson, the recommen- dation of the Planning and Procedures Committee that in order to get immediate relief to the transportation problem in Palo Alto, that the staff study and report on (1) a new bus route in the southwest corner of Palo Alto (including service to Mayfield Mall), (2) new routing of the present lines, and (3) reduction of rates for senior citizens; with the further recommendation to refer to staff items 7, 8 and 9 of the Subcommittee on Transportation recommendations as set forth on page 34 of the Community Council report, the City staff .to work with Peninsula Transit Lines staff on how these can be carried out and report back to Council. Councilman Flint moved, seconded by Comstock, an amendment to include in part (1) service to the YWCA. The amendment carried unanimously. Councilman Sher moved, seconded by Flint, an amendment to strike out "back to Council" and substitute "to Planning and Procedures Committee, the Committee to make recommendation to Council after consideration of the staff report." The amendment carried unanimously. The amended motion carried on majority voice vote. Bus System lie :valuation Report Councilman Comstock moved, on behalf of the Planning and Pro- cedures Committee, that staff be directed toprepare a report re- evaluating the entire bus system as follows: (1) service to new parte of town, (2) shuttle buses between shopping and business areas, (3) consideration of a local shuttle bus in shopping areas, (4) consideration of school bus system which would replace that operated by the School District, (5) restructure of routes so bus — routes -do not have to return to origin at end of every run and con- sideration be given to forthcoming County census tract data, (6) implementation of Sunday and evening service, (7) commuter sys- tem for Palo Alto commuters to Stanford Industrial Center, (8) possibility of City purchasing bus lines and going into bus business, (9) possibility of mass transportation grants under Housing and Horne Finance Agency, (10) localized special services bus. Discussion followed concerning the desirability cif slash an extensitie study at this time and also on'ishether or not there was any prospect of regional bus service in the near future. Councilman Arnold moved, seconded by Cooley, an amendment to delete "(8) possibility of City purchasing bus lines and going into bus business." City Manager Morgan suggested that if the rest of the study is to be made, it should logically include part (8). Coun- cilman Arnold then withdrew his amendment and Councilman Cooley withdraw his second, 371 10/3/66 Councilman Flint moved, seconded by Beahrs, an amendment to add "the staff is further directed to make an interim report on those items which it considers to be in highest priority as of whatever date the staff believes appropriate." Councilman Arnold suggested the amendment be changed to "that the staff be directed to make a pro- gress report on the subject no later than the first meeting in February." Councilman Flint agreed to accept Councilman Arnold's wording of his motion. The amendment failed on the following roll call vote: Ayes: Arnold, Flint, 1toZ rs, Worthington. Noes: Beahrs, Comstock, Cooley, Debs, Dias, Pearson, Sher. The motior carried on the following roll call vote: Ayes: Comstock, Debs, Flint, Pearson, Sher, Worthington. Noes: Arnold, Beahrs, Cooley, Dias, Rohrs. l-fr�us:ng tp.uti�ority Cotsnciltn.an Comstock introduced, on behalf of the Planning and Pro- cedures Committt.e, the following resolution and moved its adoption with deletion of the words following "authority" in the second para- graph on the first page and Section 3 on the second page: Resolution 3927 entitled "Resolution of the Council of the City of Palo Alto Urging the Santa Clara County Board of Supervisors to Establish a County Housing Authority." Councilman Worthington requested that discussion be permitted to include the next item on -thee Agenas►--reerring-t-the /Tiff being directed to summarise a County versus a City Housing Authority. Mayor Dias ruled that reference to this item could be included in the discussion. Councilman Arnold moved, =seconded by Beahrs, in amendment i: adding to Section 1 "such programs to be. ::,;,i:ct to the acceptance or rejection of the Council of the City of Palo Alto." Following discussion, the amendment was changed to "Palo Alto's participa- tion in such a program to be subject to acceptance or rejection of the Couch of the City of Palo Alto," Mrs. Q^ueeae Ami* ian. 553 Patricia Lane, Palo Alto, spoke in favor of the resolution and replied to question:. from members of the Council. Mr. Felix Smith, 1030 Palo Alto Avenue, Palo Alto, President of the Mid Peninsulans for Fair Housing, spoke in favor of et ., reso lutie,n. 372 10/3/66 The amendment carried on the following roll call vote: See Page 413 Ayee: Arnold, Comstock, Cooley, Dias, Pearson, Sher, Wo rthington. Noes: Beahrs, Debs,t Flint, Roh:;s. The resolution was adopted on the following roll call vote: Ayes: Arnold, Comstock, Debs, Dias, Flint, Pearson, Sher, Worthington. Noes: Beahrs, Cooley, Roh_ra. Counter versus Cif Hotzsi Authority Councilman Comstock moved, on behalf of the Planning at,d Pro- cedures Committee, that the staff be directed to summarize the status, the pros and cons of a County Housing Authority set up with City participation and non-part.zipation versus the City having its own Housing Authority - advantages - disadvantages. The motion failed on the follow rg roll call vote: Ayee: Comstock, Debs, Flint, Pearson, Worthington. Noes: Arnold, Beahrs, 2ooley, Dias, Rohrs, Sher. (The Council recessed from 9:3n to 9:42 p.m.) Dowutown Connrntan y Se -vice Center Councilman Comstock moved, on behalf of the Planning and Pros cedures oiT*inittee, that -toe C uncil favor and direct staff shies for the establishment of a downtown community service center in the University -Avenue area to include a library, recreation center and spare for Bove nrnental community service agencies necessary to serve the needs of all citizens in the area. The committee also strongly recommends that the library be adequately designed to serve the growing population of the area. Councilman Worthington moved, seconded by Beaters, an amend- ment that the staff study be expanded to include the uses ,*hat might be made of the facilities at the present city hall. The amendment failed on majority voice vote. Discussion followed concerning what facilities ought to be included in the downtown community service :enter. Councilman Comstock explained that the recommendation for "space for governmental and community service ' agencies" was intended to mean office space would be available to these agencies U they could be en- 373 10/3/66 couraged to provide a field worker to keep a downtown Palo Alto office open on a regular basis for a few hours at a time, but not permanent office space. The motion carried on the following roll call vote: Ayes: Arnold, Comstock, Debs, Flint, Pearson, Rohrs, Sher, Worthington. Noes: Beahrs, Cooley, Dias. Golf Contract - Palo Alto Municipal Golf Course Councilman Comstock moved, seconded by Rohrs, to return the Golf Contract to Council for review in Executive Session. The motion carried unanimously. El Camino Imirovernent Project Councilman Comstock referred to his report on the Transportatiou Policy Meeting of September 14, and replied to questions from Council members concerning the procedure required to obtain gas tax funds for the El Camino Project. Councilman Comstock moved, and it was duly seconded, that the Palo Alto City C.' uncit communicate to the Transportation. Policy Committee their willingness to participate in the exchange of County Expressway Phase I funds to the City of Palo Alto for County gas tax funds transferred to the El. Camino Project. Councilman Sher moved, seconded by Debs, an amendment to direct the City Attorney to prepare an agreement to reflect that the ex- change is contingent upon an equal trade and on completion of the project. After discussion, City Manager Morgan advised that a resolution incorporating the points the Council wished to retake would be -the - most effective way to handle the situation. Councilman Sher changed his motion, with Counciixnan Deb& consent, to that the Council would indicate its agreement to the proposed transfer in a resolution which would make it clear agreement is subject to the following two conditions: (1) equal and simultaneous exchange of the funds; and (2) that the exchange would be continent upon the legal completion of an assessment district to finance the rest of the El -Camino Project. The amendment carried on the follow- ing roll call vote. Ayes: Arnold, Comstock, Debs, Dias, Flint,Pearson, Sher, Worthington. Noes: Beahre, Rohrs. Abstained: Cooley. The amended motion carried on the following roll call vote: Ayes: Arnold, Comstock, Debs, Dias, Flint, Pearson, Sher, Worthington. Noes: Beahrs, Rohrs. Permit Parking Lots Councilman Arnold, seconded by Cooley, moved the adoption of the followings ordinance: Ordinance No: 7318 entitled "Ordinance of the Council of the City of Palo Alto Amending Section 19. 177.6 of the Palo Alto Municipal Code, Modifying Time During Which Non -Permit Holders are Permitted in Permit Parking Lots." The motion carried unanimously. (Councilman Worthington left the Chambers at 10:40 p.m.) Univers.ty Avenue District Civic Center Off Street Parkin&FrojeCTITCT 66- City Manager Morgan referred to the covering letter from ]Kenneth 1. Jones, Bond Counsel, of Wilson, Jones, Morton to Lynch, con- cerning the resolutions relating to the University Avenue District Civic Center Off -Street Parking Project No. 66-8, and stated ordering of the assessment district was dependent upon adoption of the resolutions. Councilman Comstock introduced the following resolution and moved its adoption: Resolution 3928 entitled "Resolution Overruling Protests on Resedutioa of Intention No. 3896." The resolution was adopted on the following unanimous roll call vote: , Ayes: Arnold, Beaters, Comstock, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Sher, Noes: None, Mr. Jones, who was preoent in the audience, replied to questions concerning Resolution 3929, adopting the Engineers Report. (See below: Notes included following Council request for th'ir inclusion in minutes.) Councilman Shea; moved, seconded by Debi, to continue the matter until the City Council approves a plan for the Civic .Center and the engineer's report is changed to reflect that plan. 375 10/3/66 Councilman Rohrs requested that the Minutes show that the resolu- tion as presented is a formality in or.ier to establish a basis for proceeding with the new Civic Center and that he believes the motion to continue is an attempt to delay the project. There was no ob- jection. (Councilman Worthington returned to the Chambers at 10:50 p.m.) Councilman Debs asked that the questions and answers involving Mr. Jones be reflected in the Minutes. Councilman Rohrs objected. Mayor Dias asked Councilman Debs if he would agree to withhold his :notion until the motion to- continue the matter before Council had been voted upon. Councilman Debs agreed to do so. The motion to continue the matter failed on the following roll call vote: Ayes: Comstock, ..Debs, Pearson, Sher, Worthington. Noes: Arnold, Beahre, Cooley, Dias, Flint, Rohrs. Mayor Dias introduced the following resolution and moved its adoption: Resolution No. 3929 entitled "Resolution and Order Adopting Engineer's Report Confirming the Assessment, Ordering the Work and Acquisitions and Ordering the Formation of the University Avenue District Off -Street Parking Maintenance District." The motion was duly seconded and carried on the following roll call vote: Ayes: Arnold, Beahrs, Comstock, Cooley, Dias, Flint, Rohrs. Noes: A+c ournna ent Debs, Pearson, Sher, Worthington. Councilman Rohrs moved, and it was duly seconded, to adjourn until October 10. The motion failed on the following roll call vote: Ayes: Arnold, Beahrs, Cooley, Dias, Rohrs. Noes: Comstock, Debs, Flint, Pearson, Sher, Worthington. University Avenue Off -Street Parking Project 66-8 (continued) Councilman Debs moved, and it was duly seconded, that the questions and answers involving Mr. Jones be reflected, in the Minutes. The motion carried on majority voice vote. 76 0/3/66 (NOTE: Unless. ordered otherwise before Council action takes place, the City Clerk prepares Council Minutes in accord with the instructions in Sec. 2.118 of the Muni- cipal Code. Therefore, no Council -ordered verbatim transcript of the questions involving Mr. Kenneth It Jones exists. The notes taken by the Clerk for her own use n pre- paring Council Minutes are available. However, be- cause these notes are incomplete and, for that reason, may be misleading, they are offered below only for whatever information value they may have for the Council and net as a full record of the proceedings.) COUNCIL QUESTIONING INVOLVING MR. KENNETH L JONES Debs: Jones: Deb,: Jones: Dabs: Does the City have first He'll' Some - these liens would be behind the present liens. The last project iri downtown Palo Alto was over ten years ago - maybe taey are paid off. Then the assessment district would have a lien on the land? There would be two types of liens: specific, representing 35% of the cost subject to payoff by anyone who chose to, and G -Bonds, or the balance. Any tax would represent a lien. This resolution - (read) "finally adopted" etc. includes not only the garage, but also the plaza and tower and locks in detail as shown in April. Jones: True - that's wbat it say, -_ Debs: What if we tried to change the building? What if the property owners involved objected? Jones: In order to form an assessment district the Council has to act on this type of resolution which approves the design as presented. This design is subject to changes - some could be made with a hearing, others would not have to have a hearing. Changes which seDung require a hearing - and 1 say this generally, with the right reserved to make corrections dependent on the specific situ- ation - the structure has two parts: one is the high-rise building which is city business and, the second is the parking lot which is parking dis- trict business. Any change in the city part which doesn't affect the other could be ordered without notice and hearing - for example, number of floors. 377 10/3/66 Jones: Changes in the amount of parking space, or the (continued) design, except for stripes on spaces and such, would require notice and hearing, and any struc- tural change in the nature of this pro,ect would require notice and hearing. In the event of any significant change, I might recommend notice and hearing. Debs: Jone s: Debs: -Jones: Debs: Jones: Sher: Jones: Sher: If there is a majority protest to the design change, what does it take to overrule? Four -fifths of the Council. Veto power lies in hands of small group of property owners downtown. Is it possible to adopt the down- town parking and agree in principle t:) the high-rise plans? Nos Council to form assessment district must give approval to engineer's report in order to give property owners in the district the plan; Some changes can be made. Council control until_ final award of contract - even after that, you may make changes with the contractor. If engineer's report had net included the building, but did specify the garage, would it be legal? Yes, but not responsive to petition Council re- ceived - they asked for high-rise. Since there may be substantial changes made in the high-rise, would be better to adopt engineer's report to r— feet —a y chi gea ►hy_not_wait and adopt 14 b. in terms of amendments? --- In order to be able to form assessment district, you have to approve finally in aomelforr_i a plan specifically. If you can't do that tonight, then you can't form assessment district. Why not refer to Public Works Committee or con- tinue until Council moves on other plans for Civic Center? Rohrs: If adopted and changes made requiring hearing, hearing would be held later. Jones: Not impossible for Council to conduct hearings on changes before ordering district. Comstock: If passed 14 b. and changes came, then would Council have to hold another hearing to notify people of the changes and hear protests? 378 10/3/66 Jones: In a different atmosphere, a project would be to order the assessment district based on what has been done so far, then work ouo the details of finished plans, file plans with the City Clerk, and hold public hearing. Then everyone could see the plans. All this concern about details here - and there is confusion. Worthington: Regarding your statement of the number of votes to overrule majority protest (4/5) but your letter of June 24 on page 2 states "questions have arisen (read part of letter saying number of votes re- quired is just a majority). Jones: Morgan: Sorry. but letter is correct _ peculiarities of Palo Alto - majority is correct. Letter stating the Council can overrtaie any quantum of protest by majority vote is correct - it is based on this Council. Council has to approve contract with architect for preparation of documents. If Council adopts 14 b. , then next order will be to authorize archi- tect to proceed with the plan approved by the City. Dias: This is according to previously set time schedule? Morgan: Yes - "first meeting after election" was set. Pearson: (referred to sections of 14 b.) If we adopt 14 b. sounds as if we are completely bound and can't change any of the details. Jones: Beahre: Jones: A necessary preliminary is the final approval of the engineer's report, but it is subject to express authority jai the Coaaiicil is I nge - p o—cedti es are set up to do so. Isn't this resolution a matter of formality? Yee. , regarding the engineer's report, but it does order the parking cistrict. It is not final action. Mr. Jones was not questioned further. (Councilman ltohrs left the Chambers at 10:25 p.m. and did not return.) Memo Avenue Ira roveanents Pro'ect No. 66-7 Councilman Comstock introduced the following resolution and moved its adoption. Councilman Beahrs seconded the motion. 379 10/3/66 Resolution entitled "Resolution Preliminarly Approving Engineer's Report and Fixing Time and Place of Hearing Thereon, Under Division 4 of the Streets and Highways Cede." Mr. Conrad Mizer of Loma Vista Home Owners Association spoke against the improvements to Clemo Avenue. Councilman Fearson moved, seconded by Sher, to refer the subject to the PubPc Works Committee so residents of the Clemo Avenue area could be heard. The motion failed on the following roll call vote: Ayes: Debs, Flint, Pearson, Sher, Worthington. Noes: Arnold, Beahrs, Comstock, Cooley, Dias. The motion to adopt the resolution failed on the following roll call vote: Ayes: Arnold, Beahrs, Comstock, Cooley, Dian. Noes: Debs, Flint, Pearson, Sher, Worthington. Community Center Landscapinj Project 65-10 City Manager Morgan referred to his letter of September 21, 1966 referring to bids received for landscaping in connection with the Community Center Project 65-10. Councilman Arnold moved, seconded by Cooley, that the bid re- ceived for Community Center Landscaping be rejected in its entirety and the staff be authorized to readvertiae the Project at a later date. The motion carried unanimously. South Palo Alto Neighborhood Park Councilman Cooley moved, seconded by Beahrs, that the recom- mendation of the City Manager be approved and the matter be con- tinued to permit a staff analysis of the bids and the proposed ira- provennents. The motion failed on the following roll call vote: Ayes: Arnold, Beahra, Cooley, Dias. Noes: Comstock, Debs, Flint, Pearson, Sher, Worthington. Councilman Debs moved, seconded by Sher, to transfer the $9,100 needed from the General F.znd to complete the park. On advice of the City Manager, the motion was changed to amend the ordinance 380 '10/3/66 to make an additional appropriation for the improvement of South Palo Alto Neighborhood Park to provide for a total appropriation of $63, 000. The motion failed on the following roll call vote: (nine votes needed) Ayes: Comstock, Debs, Flint, Pearson, Sher, Worthington. Noes: Arnold, Beahrs, Cooley, Dias. Adjournment Councilman Beahrs moved, and it was duly seconded, to adjourn. Councilman Comstock asked to amend the motion to adjourn to October 10. Councilman Beahrs agreed to the amendment. The motion failed on the following roll call vote: Ayes: Arnold, Beahrs, Cooley, Dias. Noes: Comstock, Debs, Flint, Pearson, Sher, Worthington. (Councilmen ? eahrs, Cooley and Dias left the Chambers at 12:01 a. n. and did not return.) South Pao Alto Ueighborhood Park (continued) Councilman Debs rmo,•ed, seconded by Sher, to transfer the Capital Improvement Funds from R-5 Rinconada Park in the amount of $9,100. The motion was defeated on majority voice vote. Councilman Sher moved, seconded by Comstock, to accept the low bid for construction of the South Palo Alto Neighborhood Park. Adjournment Councilman Arnold moved, seconded by Comstock, to adjourn until October 10, 1966. The motion carried unanimously. Adjournment at 12:10 a. m. APPROVED: Mayor ATTEST: :