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HomeMy WebLinkAbout06261967City Hall Palo Alto, California June 26, 1967 The Council of the City of Palo Alto met on this date at 7:33 p.m. in an adjourned meeting from June 12, 1967 7 with Mayor Dias presiding. Present: Arnold, Berwald, Clark, Cooley, Debs, Dias, Gallagher, Pearson, Rohre, Rus Absent: Beahrs, Comstock, Wheatley Taxicab fnskection and D:. iver's Medical Examination MOTION: Councilman Pearson introduced the following ordinance and moved, on behalf of the Planning and Proceiares Committee, its approval for first reading - "Ordinance of the Council of the City of Palo Alto Amending Subsection (a) of Stcti►on 11. 62 of the Palo Alto Municipal Code Establishing a Maximum One Year Time Limitation Between Vehicle Inspections" The ordinance was approved for first reading on the following roll call vote: Ayes: Arnold, Berwald, Clark, Cooley, Debs, Dias, Gallagher, Pearson, Rohrs, Rus Noes: None —. --yy---v +a __.ate _. 3__ _ _ 3 a[.a i'a.1iwv's'ww ws`. 3�.rraw. '.��u1� aBSS"sF�aiit�Gi--ssc'�[-. ax.ss4�-ra -- and moved, on behalf of the Planning and. Procedures Committee, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Section 11.32 of the Palo Alto .Municipal Code Requiring a Medical lia.mination Before Issuance of a Driver's Permit" The ordinance wi: approved for first reading on the following roll call vote: Ayes: Arnold, Berwaid, Clark, Cooley, Debs, Dias, Gallagher, Pearson, Rohr*, Rus Noes: None Ord Uaiva:ra* Presonina - Arsetra►dero R a Foothill Councihnsa Gallagher stated that as ea employee o Stanford UM- -varsity he had requested as onion fro= City Attorney Hildebrand Zia as to whether any conflict of interest might exist in connection with his participation in the discussion or voting on matters pertaining to the University. He stated that Mr. Hildebrand had advised him that no legal conflict of interest exists with regard to any of the items currently before the Council. Discussion followed and Mr. Hildebrand replied to questions out- lining the legal reasons for his advice to Councilman Gallagher and referring to precedent set with regard to the voting of former council- men employed by Stanford. He pointed out that even if the item under consideration by the Council were a contract with Stanford University, Councilman Gallagher would not be prevented from participating since, under section 1091 of the Government Code, he would be deemed to have only a'kemote interest',' and therefore the "remote interest" test should be applied here also since the Council was acting in a legis- lative rather than a proprietary or quasi-judicial capacity. Planning Officer Fourcroy outlined the recorrure dation of the Plan- ning Commission against approval of the application of Stanford University for prezoning of the property in the vicinity of Arastradero Road and Foothill Expressway to establish L - M: 5, O -A and P -F. Councilman Debs reque3ted that the next itern on the Agenda relating to a change of district of other Stanford property be considered at the same time as the item before the Council. Councilmen Rohrs and Rus objected. (NOTE: Unanimous approval is required to move an item 'gyp on the Agenda. ) Robert S. Riley, Manager of Real Estate for Stanford University, read his statement in favor of denial of the Planning Commission recommendation and approval of Stanford's request for prezoning. Kenneth Hansen, Vice President of Corporate Planning, Syntex Cor- poration, outlined Syntex's development plans for the area and Y. it -- rates -for access to use =additional -land -adjacent to their present building. Mr. Haneen urged approval of Stanford's application. Discussion followed and Mr. Riley replied to questions from the Council concerning the extent of the University's commitment And whether any guarantee could be offered the City that Syntex will build as planned. Mrs. Mary Dreiebach, 4090 Amaranta, Palo Alto, spoke against any development in the area which -would affect the residential area. George Ritz. ' 11 Arastradero Road, Palo Alto, stated that be lives across the road from the proposed Syntex development and favors approval of Stanford's application. MOTION: Councilman Pearson moved, seconded by Deb., to uphold the Planning Commission recommendation and deny the application of Stanford for preaoning of the property. Discussion followed as to appropriate soaking of the land, and Plan- n#ng Core.amissioner Brenner replied to questions from the Council concerning sag. 22 6/26/67 Councilman Debs requested that the Minutes include his statement that he intends to challenge Councilman Gallagher's vote. Discussion followed as to whether or not a councilman might challenge another's vote, and Mr. Hildebrand advised that such challenge is not possible. The motion failed on the following roll call vote: Ayes: Debs, Pearson Noes: Arnold, Clark, Cooley, Dias, Gallagher, Rohrs, Rua Abstain: Berwald MOTXON: Councilman Rohrs introduced the following ordinance and moved, seconded by Rus, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Section 3. 02 of Ordinance No. 1324, the Zoning Ordinance, Pre -Zoning Certain Property Known as Stanford Annexation No. 13 as L -M:5, O -A and P -F. " The ordinance was approved for first reading on the following roll call vote: Ayes: Arnold, Berwald, Clark, Cooley, Dias, Gallagher, Rohrs, Rus Noes: Debs, Pearson Chan a of District - Stanford Universit Planning Officer Fourcroy returned to the C—ouncil With —no recom- mendation from the Planning Commission on the subject of the initi- ative of the Cormaission to consider a change of district of lands of Stanford University in the vicinity of ilillview Avenue and Arastratiero Road from M:5, A -R and O -A to L -M:5, A -R, O -A, R-E:A and R -IB: 20. Philip S. Flint, 2256 Santa Ana, Palo Alto, urged the Council to con- sider the matter in a general sense. Thomas Jordan, 716 Holly Oak, Palo Alto, President of Green Foot- hills, spoke in favor of returning the charge to the Planning Commis- sion .requesting information on the alternatives available. MOTION': Councilman Cooley moved, seconded by Berwalde that the matter ve Continued and staff be requested to explore with Foothills College their interest in a Palo Alto campus, specifically the area under discussion, as an educational reserve. 1• 223 6/26/67 Alf Brandin, Vice President of Business Affairs, Stanford University, outlined the background of zoning in the area under discussion and suggested the property be continued as L -M:5. The motion failed by majority voice vote. MOTION: Councilman Berwald moved, seconded by Cooley, that the matter be referred back to the Planning Commission aid the Corn- mibsion be requested by the Council to consider in their revision an amendment to the General Plan the aperopr ateneee_vi preaciit zoning __'And tn inr111de in their ,ii i ieration the balance of the Stanford pro- perties lying roughly between Arastradero Road, Page Mill Road and Deer Gulch Creek. AMENDMENT: Councilman ' erwaid, with the consent of his second, added following "revision" the words "in conjunction with their General. Plan review". Discussion followed concerting any effect a previous referendum con- cerning the area might have on the Council's power to rezone, and in reply to question, Mr. Hildebrand stated that the zoning had ben set by the Council and the referendum had failed, leaving the zoning as established by the Council with full power in the Council to rezone the area. AMENDMENT: Councilman Berwald, with the consent of his second, added "General Plan designation and" following "appropriateness of present" in his motion. Councilman Debs requested a reference to his displeasure at Council- man Gallagher's voting on this matter be included in the Minutes. The motion as amended by the author curried on the following roll call vote: Ayes: Noes: Arnold, Gallagher; Rua Abstain: Clark Berwald, Cooley, Debs, Dias, Pearson, Rohrs (The Council recessed from 10:19 to 10:30 p. tin. Councilman Ru.s did not return. ) Chan a of District - Ramona /Emerson /Hamilton /Forest MOTION: Councilman Pearson introduced the following ordinance anti moved, seconded by Arnold, its approval for first reading: "Ordinance of the Councilof the City of Palo Alto Amending Section 3.02 of Ordinance No. 1124, the Zoning Ordinance, Changing the Zoning of Certain Property Ian Certain Blocks of Ramona, Emerson, Hamilton and Forest from C-3 and )rt-1 to C•.2 and from kM-1•S to C -2:S" ._.224 6/26/67 The ordinance was approved for first reading on the following roll call vote: Ayes: Arnold, Berwald, Clark, Cooley, Debs, Dias, Gallagher, Pearson, Rohrs, Noes: None Subdi_ _i �.,�,__ati en a_ A. Nagle ` 4200 block of Miranda Road vision ta�+Fsaaa a ;e.�. - _ - - MOTION: Councilman Arnold moved, seconded by Berwald, to uphold the Planning Commission recommendation and approve the application of A. A. Nagle for a subdivision of less than five lots in the 4200 block of Miranda Road subject to eight conditions. (NOTE: Planning Commission recommendation conditions: 1. Electric, telephone and all other utility facilities shall be c4natructeo underground. Granting of public utilities easement as shown in red on the map submitted by the applicant. 3. Provision of a hydrant as recommended by the Fire Department. 4. Payment or segregation of Assessment No. 13, Bond Series "000". 5. Granting to the City an easement for drainage purposes of the area included in Adobe Creek, boundaries of said easement to be approved by the City Engineer in the field. Furnishing -6f evidence of payment of all payable city aid ------ County takes. 7. Provision of common driveway eaaexnersts. 8. Dedication of 20 feet for Miranda Road.) The motion carried unanimously by voice vote. Civic Center - Soils Engineerin3 Services City Manager Morgan referred to his report of Juno 8, 1967 regarding soils engineering services for the new Civic Center building. 1 MOTION: Councilman Berwald moved, seconded by Rohrs, that the Mayor be authorised to execute the contract with Cooper, Clark and Associates for soils engineering services. The motion carried uanenixnou.sly by voice vote. 225 6/26/67 Adjournment The Chair asked if there were any Oral CoYnmunications. There being no further business the meeting.was adjourned. CHALLENGE: Councilman Debs challengad the ruling of the Chair that the "Oral Communications" category of the Agenda refers only to members of the public. The ruling ;,; the Ch :ir w*ft /,geld by majority voice vott' . CHALLENGE: Councilman bebs challenged the ruling of the Chair that when Council business listed on the Agenda is completed; the Chair may adjourn the meeting. MOTION: Councilman Rohrs moved, seconded by Arnold, to adjourn, Mayor Dias reminded the Council that a challenge was still before the Council, and the motion to adjourn was not in order. The ruling of the Chair was upheld by majority voice vote. There being no further business, the Council adjourned at 10:42 p,m. * * * * The Council of the City of Palo Alto met on this day at 10:43 p. m. with Mayor Dias presiding. Present: Arnold, Berwald, Clark, Cooley, Debi, Dias, Gallagher, Pearson, Rohrs Absent: Beaters. Comstock, Rus, Wheatley w.+ e . of Mx3ue S The Minutes of the Council meeting of June 5, 1967 were approved. The Minutes of the Council meeting of June 6, 1967 were approved. Rinconada Park.l rovement - Reflection Pool City Manager Morgan referred to his report of June ZZ, 1967 con- cerning the reflection pool approved for Rinconada Park improvements. MOTION: Councilman Debs moved, seconded by Pearson. that the reflection pool be deleted from the improvement plans for Rinconada Park. The motion carried on the following roll call vote: 226 6/26/67 Ayes: Berwald, Clark, Debs, Gallagher, Pearson Noes: Arnold, Cooley, Dios, Rohrs Waste Disposal Councilman Cooley presented the Finance Committee recommenda- tion that an adjustment be made between the Carita Reserves Increase Account and the O ezi: a Service Account in the Refuse Fund to pro- vide $10, 000 to the latter in order to explore more efficient methods of waste disposal that could be available to cities. He stated the item was a rnatter of information only. .1967•-�,m 33�udget Councilman Cooley referred to his letter of June 26 stating that the Finance Committee has studied the 1967-68 Budget and recommends its approval with minor changes as will be noted. He added :hat a public hearing on the budget will be requested for July 10, 1967. 1967-68 Budget Closing MOTION: Councilman Cooley moved, on behalf of the Finance Committee, the adoption of the following ordinance: "Ordinance No. 2352 entitled "Ordinance of the Council of the City of Palo Alto Authorizing Closing of the 1966- 67 Budget and Interim Expenditure of Funds Pending Adoption of a 1967-68 Budget," The ordinance waa adopted on the following roll call vote: Ayes: Arnold, Berwald, Clark Cooley, Debt?, Masi_ Gallagher, Pearson, Rohrs Noes: None 1967 -68 Budget - Public Hearing, MOTION: Councilman Cooley moved, on behalf of the Finance Committee, that a public hearing to consider the 1967-68 Budget be set for the Council meeting of July 10, 1967, The motion carried unanimously by voice vote. Yacht Harbor Lease ��yi4i�ili i.9 P Councilman Rohr, presented the Public Works Committee rei om- m ti regarding the y cht harbor lease, stating that the Com- $ages recommended approval with certain minor amendmente. vtT 6 /26 /67 1 MOTION: Councilman Rohrs moved, on behalf of the Public Works Committee, that Draft No. 4 be modified with paragraph 6(h) amended to read "(h) Duck Pond. Plans for development of premises shall be coordinated with the City's plans for development of the Duck Pond. City's plans for development of the Duck Pond shall be attached hereto as Exhibit C when a proved by the City", and that subparagraph i0(d) be deleted with the subparagraphs relettererl accordingly. The motion carried unanimously by voice vote. City Engineer Witbeck indicated on the map the preliminary rekaster plan as amended. MOTION: Councilman Rohrs moved, seconded by Cooley, that the Council approve lease Draft No. 4 ea an —tended with the preliminary master plan as amended. Discussion followed concerning the desirability of picnic areas in view of the prevailing strong winds in the yacht harbor area, and City Attorney Hildebrand replied to questions concerning legal description of the area including the duck pond. Philip La Riviere, 453 Tennessee Lane, Palo Alto, stated that he believes the loop road should not interfere with the small pond, that the dry storage area appears very lame is :id that he prefers the committee's loop road recommendation. Councilman Rohrs stated that the yacht harbor lease involves three items on the agenda in addition to the one just approved with regard to revision of paragraph 6(h) of lease Draft No. 4, and at the sug- gestion of Mayor Dias, recommended they be incorporated and discussed as one item. Councilman Debs objected. MOTION: Coun ilman Rohrs Moved, seconded by Cooley,; to refer the Yacht Harbor Master Plan back to the Public Works Committee. The motion carried unanimously by voice vote. A d;ou rrunent -- iossismisas- MOTION: Councilman Arnold moved, seconded by Cooley, to adjourn, The motion failed on the followings roll call vote: Ayes: Arnold, Berwald, Cooley, Gallagher Noes! Clark, Debr, Dias, Pearson, Rohrs Yacht Harbor -Lease MOTION: Councilrnaat Rohr* moved, seconded by Pearson, that the yacht hares tease be referred 'pith the Yacht Harbor master plan to the Public Works Committee. The motion carried unanimously by voice vote. A�journnemnt Mayor Dias announced ghat Councilman Rohrs had requested per- mission to ai,iress the Council, since it is the last rnerting of his term as councilman. Councilman Debs objected, stating the item; was not on the Agenda. Councilman Rohrs withdrew his request. MOTION: Councilman Rohrs moved, seconded by Arnold, to adjourn. The motion carried by majority voice vote. The Council adjourned at 11:50 p. rn. APPROVED