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HomeMy WebLinkAbout09111967City Hall Palo Alto, California. September 11, 1967 1 The Council of the_Ciee of Pal() rnet a,z trx s date at 7:32 with Mayor Dias presiding. 11,141.6 - Present: Arnold, Beahrs, Berwald, Claris, Cooley, Dias, Gallagher, Pearson, Spaeth,'Wheatley Absent: Comstock Apnrov.l of Minute s The Minutes of the Council meeting of August 21, 1967 were approved. Councilman Peareor requested that the Minutes of August 28, 1967 be corrected on page 300 in the second paragraph under 1967-72 Capital Improvement Program to change "sewers" to "appropriations for the new sewer treatment plant." The Minutes of the Council meeting of August 28, 1967 were approved as corrected. Chan of District Application - Min of Palo Alto In response to question frorn Councilman Pearson, City Attorney Hildebrand stated that the same technical legal situation exists in regard to conflict of interest in connection with Mrs. Pearson's in- terest in property in the unsevered lot where Ming'a proposes to build a new restaurant as existed at the time•of previous discussion concerning the sane unsevered lot and another owner. Planning Officer Fourcroy outlined the Planning Commission recom- mendation that the application of Mixg's of Palo Alto for a change of district be approved. __ Dan Lee, Manager and part-owner of Ming' a , spoke in favor of approval of the Plenvia-g Commission recoirartendation and replied to questions from members of the Council. MOTION: Councilman_ Arnold introduced the following ordinance and moved, seconded by. Clark, its approval for first reading: Ordinance of the Council of the City of Palo Alto Amending Section 18.08.1140 of the Palo Alto Municipal Code Changing the Zoning of Certain Property at the Southeast Corner of EmbarcadercRoad and East Bayshore Frontage Road from L-M:D to P -C. The ordinance was approved for first reading on the following roll call vote: 307. 9111167 See Page 3Z0 Ayes: Noes: Arnold, Beahrs, Berwald, Clark, Cooley, Dias, Gallagher, Spaeth, Wheatley None Abstained: Pearson �: ..sc- o that t e rte---- - -- 1t_� _t_ r.� Councilman i cai .�:. _.-.__-_. -'------'-�..�y.._ �sl� - •-�-�- - -...ter-.,.. �.�..-- _. take part in the discussion nor vote on the item regarding the appli- ration of Ming's for a change of district. tea uirernent for Off -Street marking - iazltlple-1Jnit Llwellin s Planning Officer Fourcroy outlined the Planning Cvmmi�esE o =recom- mendation to increase the requirements for off-street parking for multiple -unit dwelling. Mr. Fourcroy and P1nning Commissioner Norton replied to questinne concerning the recommendation. Robert 3. Debs, 3145 Flowers Lane, Palo Alto, spoke in favor of the Planning Commission recommendation. Walter Harrington, 59 Aimondrel, Atherton, property owner in Palo Alto, read a statement in opposition to the Planning Commission recommendation and filed the statement with the City Clerk. MOTION: Councilman Spaeth mcved, seconded by Berwald, to defer consideration of the matter until the third meeting following the present meeting (October 2, 1967). The motion to continue carried by majority voile vote. ,peed Limit - Pape Mill Road — ON Co oilman Arnold moved, seconded by Bes,hrs, the adoption of the following :ordinance: Ordinance Na._2375 entitled "Ordinance of the Council of the City of Palo Alto Amending Section 19. 152 of the Palo Alto Municipal Code Establishing the Speed Limit on Page Mill Road." The ordinance was adopted by majority voice vote. Zone Chan e - R-1 and R-DUP District Ad'acent to M-1 or - istricts MOTION: Councilman Arnold moved, seconded by Beahrs, the adoption of the following ordinance: Ordinance No. 2376 entitled "Ordinance of the Council of the City of Palo Alto Amending Ordinance No. 1324, the Zoning, 3 /0$ / 9/11!67 Ordinance, by Amending Articles 13 and 14 to Protect R-1 and R_TDTTP Dyet,.:caa Adjecent tr, M=1 or L!-7 niatrirt*_" The ordinance was adopted by unanimous voice vote. Disposition of Old Substation H Site CMR 57) Cit.- '�`�T-3'rrw 1fLr=u nntlr.rt'�-Ai liia i _Yi C.. - _ . .a . - ca �: ..r - .... :. t ' is garding the disposition of the old Substation H site. In 1 MOTION: Councilman _erwald moved, seconded by Beahre fer the matter to the Planning Cornrnission for recommendation as to zoning. ADDITION TO MOTIO1k:- At the suggestion of C<`ounci::..ar "=h4tatleu; Councilman . ru• :.::, with the consent of his second, added that the Planning Commission is to report its recommendation within 30 days. CHANGE OF MOTION:: At the suggestion of Mr. Morgan, Council- man Berwa 1d, with the consent of his second, changed his rnotion to refer the matter to the Planning Commission for expeditious review of the zoning of the site while holding the bid from the Eichler Swirn & Tennis Club, the City Manager to request an extension of time- on the bid, if necessary. The motion with the addition aizd cl'ange carried unanimously by voice vote. Recreational/Park Facilities n ergroun a MR 56� MR 56 City Manager Morgan referred to his report of September 5, 1967 regarding recreational or park_facilities over underground parking. (Councilman Cooley left at 8:48 p.m.) MOTION: Councilman Arnold xnoved, seconded by Beahrs, to file the report. The motion carried by majority voice vote. D own Library and Park Site (CMR 61) (Councilman Cooley returned at 9:01 p.m.) City Manage: Morgan referred to his report of September 6, 1967 regarding the acquisition of property for the Downtown Park and SeePage Library Site, Project No. 66-12. 320 MOTION: Councilman Cooley introduced the following remolution and moved, seconded by Spaeth, its adoption: Resolution. No. 4029 entitled "Resolution of the Council of the City of Palo Alto Finding and Determining that the Public Interest and Necessity of sreid City Require ► for Public Use for Public Buildings and Public Grounds, Certain_ Land Located in the City of PeL ._... .: va voaeaO. Clara. State cf California." Discussion followed and City Ceraroller Mitchell replied to questions concerning the source of funds for acquisition of the property under The resolution was adopted on the following roll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Cooley, Dias, Gallagher, Spaeth, Wheatley (The Council recessed from 9:22 to 9:35 p. m. ) California Avenue Parking Project No. 65-9 (CMR 58) MOTION: Councilman Berwald moved, seconded by Wheatley, to authorize a loan of $165, 000 from the Capital Improvement Fund to Special Assessment District, Project No. 65-9, for a 90 -day term, pending sale of the bonds for this project. The motion carried unanimously by voice vote. MOTION: Councilran Berwald introduced the following resolution and moved, seconded by Wheatley, its adoption: Resolution No-. 4030 entitred "Resolution of the Council of the City of Palo Alto Finding and Determining that the Public In- terest and Necessity of said City Require, for Public Use, Certain Land Located in the City of Palo Alto, County of Santa Clara, State of California, for the California Avenue Area Parking Project No. 65-9." The resolution was adopted on the following roll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Cooley, Dias, Gallagher, Pearson, Spaeth, Wheatley Noes: None Easement - Tlartanov:th Street Culvert (CMR 63) MOTION: Councilman Spaeth moved, seconded by Wheatley, the adoption of the form resolution granting the easement and construc- tion permit to the Flood Control Distract for the Dartmouth Street Culvert (Stanford Channel). The motion carried on the following roll call vote: Ayes: Noes: Arnold, Beahrs, Berwald, Clark, Cooley, Dias, cpatth', Wheatley None A4 uiwiic isevera a License La `rape, 2391 "1 amino MOTION: Councilman Spaeth moved, seconded by Arnold, to file without action the application for an alcoholic beverage on -sale general eating place license frorn La Crepe, 2391, El. Carnino Real, Palo Alto. The motion carried by majority voice vote. Public Power Meeting (CMR 64) Mayor Dias referred to the City Manager's report of September 11, 1967 regarding the meeting held on August 30 in Washington, D. C. in Secretary of the Interior Udall's office attended by Councilman Cooley, City Manager Morgan and herself concerning future power supply. She stated that the report was an information item. Anti- Trust Matter re Lioui3 Chlorine Purchases mow Mayor Dias asked if there were any objections to City Attorney Hildebrand's request to take up an eirgency matter at the present time. There were no objections. -Mr, Hildebrand reported that he had been contacted by Mr. Busterud of the law film sf Broad, _Busterud & Khourie of San Francisco in Connection with Palo Alto's desire to -be -included in en_anti-truet suit in connection with a charge of :.allusive bidding against certain manufacturers of liquid chlorine. Mr. Hildebrand stated he sought Council guidance and added that the City's purchases over the period covered by the suit amounted to some $31,000, and that in view of the relatively small amount likely to be recovered in comparison with the considerable cost involved to the City in staff time and dis- ruption of projects, that he and City Manager Morgan tended to recommend that the City not intervene is the action. Mr. Hildebrand replied to questions from the Council concerning de- tails of the possible action. MOTION: Councilman Cooley moved, seconded by Berwald, that the Council take no action on a possible legal suit on the matter under cons ide ration. The motion to take no actionfailed by majority voice vote. 311 9/11/67 MOTION: Councilman Spaeth moved, seconded by Beahrs, that the City Attorney proceed with the filing bf the proposed.'aiction. Discussion followed concerning details of the proposed action, the possible recovery, the cost to the City of participation in the action, whether such actions should be pursued regardless of cost and amount of recovery in order to demonstrate the City's position against collusive bidding, and previous demonstrations of the City's position as indicated by its past participation in various other simi- lar actions. The motion to proceed failed on the following roll call vote: See Page 320 Ayes: Noes: Flood Control Beahrs, Pearson, Spaeth Arnold, Berwald, Clark, Cooley, Dias, Gallagher, ihrheatley MOTION: Councilman Pearson roved, seconded by Wheatley, that the City Manager be directed to: (1) express our gratitude for those measures that have been taken; (2) express our dismay regarding those not yet acccmplished; (3) reaffirm our unanimous flood control policy to the San Mateo and Santa Clara County Flood Control Dis- tricts re San Francisquito Creek and urge vigorous action in concert to begin the study and implement known solutions; (4) reaffirrn our unanimous flood control policy regarding the flood control basin, remind the Flood Control District of their assurances to us that the flood control measures would be implemented immediately and prior to construction of the Three Finger Lake; and (5) that the City Manager request a report from the Flood Control Districts and Flood Control Committee outlining the floor: control measurer--reo be oaken and -the_ _ _ time factors and timeschedules__ _ - -��x� trivoYved in implementing these -Measures. The motion carried unanimously by voice vote. Study of Council Authorized Staff Studies MOTION: Councilman Cooley removed, seconded by Beaters, to re- quest the staff to report on studies and services authorized by the Council to the staff which are pending at this time. The motion carried unanimously by voice vote. Amarillo Park Garbage Can Location Arthur German, 1056 Metro Circle, Palo Alto, urged the Council to instruct ct the staff to move the Amarillo Park garbage cans ;approxi- mately 35 feet across the park. Mr. German presented x letter 3U 9111.167 making the same request from Dr. and Mrs. Arthur C. Kahrmann, 1 052 Metro Circle, Palo .Alto, which was read' by City Clerk K1anvm. MOTION: Councilman Arnold moved, seconded by Cooley, that the Amarillo Park garbage cans be moved from their present location to a location which conforms with the row of trees 35 feet farther across the park. The motion carried by majority voice vote. Flood Control Councilman Berwald withdrew his item on the Agenda in regard to flood control in view of the action taken on the previous itern refer- eioig to the same subject and having been assured the motion which carried was sufficiently broad to include review of the suggestions contained in his letter dated September 1 1 , 1967. Municipal Employee Awards MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4031 entitled "Resolution of the Council of the City of Palo Alto Honoring Municipal Employees and Depart- ments Whose Significant Contributions Were Recognized by Awards from the City Manager for 19;,7." The resolution was adopted unanimously by voice vote. Commendation - Palo Alto Police Reserve MQT1ON' _ Counoi1 Gaiiaghhi introduced -the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4032 entitled: 'Resolution of the Council of the City of Palo Alto Cornmending the Palo Alto Police Reserve for Twenty -Five Years of Service to the Citizens of Palo Alto." The resolution was adopted unanimously by voice vote. Written Corruriunications Letter Maria, legal representative of Frelier Investment Co. dated August 31, 1967, re compliance with ordinance re required improvement and maintenance of park- ing lots, Philip DiMaria requested .tbe Council stay _ensforce ent of Ordinance No. 2274 with respect to the -Andr &a ttOrelettq, 313_ 9/11/67 Written Communications (continued) 40116 property at 4170 El Camino Real until the impi ovementa to El Carnir,o Real and Maybelle Avenue are completed. Mr. DiMaria replied to questions from the Council. Discussion followed and City Attorney Hildebrand replied to questions concerning the intent of his office in relation to reasonable enforcement of the ordinance and whether the Council may intervene in the police function involving en- forcement of an ordinance. MOTION: Councilman Arnold moved, seem ed o=;. l .eruyalcl, to refer the letter to the Planning and Procedures Committee for consideration with the file already there involving Ordi- nance No. 2274, The motion failed on the following roll call vote: Ayes: Arnold, Berwald, Cooley, Gallagher, Pearson Noes: Beahrs, Clark, Dias; Spaeth, Wheatley MOTION: Councilman Beahrs moved, and it was duly seconded, to continue consideration of the letter from Mr. DiMaria until the next meeting and also to withdraw from the Piano ng and Procedures Committee Ordinance No. 2274 for consideration at the same time. The motion carried by majority voice vote. Letter from Mr. and Mrs.. Howard S ineh ti, 3925 Bibbits Drive. Palo Alto, re proposed M-1 and M-2 zoning changes. _-__ Mayor gigs noted that thi adption o{ t'Sr3 aoce No. 2376 served as response to the letter. Oral Communications See Page 320 Gary Nielsen, 524 Bryant Street, Palo Alto, urged stricter enforcement of parking meter time. A djou rninent There being no further business, the Council adjourned at 11:20 p.rn. APPROVED: