HomeMy WebLinkAbout01031972Agit)
MINUTES
cityotaloalto
January 3, 1972
The Council of the City of Palo Alto met on this date at 7:35 p.m. in an
adjourned meeting of December 20, 1971 with Mayor Comstock presiding.
Present: Beaters, Berwald, Clark, Comstock, Henderson, Norton
(arrived 7:37 p.u.), Pearson, Rosenbaum, Semen
Absent: None
Joint Cities --Count Housin Element
Councilman Semen stated for the record that she would abstain from voting
on or discussing this item inasmuch as she had been on the Board of
Directors of the Housing Corporation when they discussed this matter.
Mr. Fourcroy, Director of Planning and Community Development, reviewed
previous Council action wterein various parts of the Santa Clara County
Planning Policy Committee Resolution regarding a joint Cities -County
Housing Element were sent to the Planning Commission, Housing Corporation,
Human Relations Commission and Policy and Procedures Committee for review
and recommendation. All of the reports are in now and he noted that
Council had agreed the Policy and Procedures Committee would wait for
the Planning Commission report in order to review all reports at the
same time before sending their recommendation to Council. •
MOTION: Councilman Pearson moved, seconded by Comstock, to refer the
Planning Commission recommendation on the Joint Cities -County Housing
Element to the Policy and Procedures Ccumittee.
The motion carried unanimously on a voice vote.
Diecriminatorj 1.1ousi Practices
C �'ertic �ataon iA ft aat on -
Ray Wilbur, Vice Chairs of the Human Relations. Commission, reviewed his
letter of December 16, 1971. He asked for favorable consideration of the
Human Relations Commission recommendation that the City Council authorize
the City Attorney to file civil rights suits on behalf of plaintiffs in
housing discrimination cases, with the City acting as a co-plain!:iff.
He noted this reccsseendaticn is based on the conclusions ecnea mad in a
report cram the City Attorney dated 11/11/71. ------
Mayor Comstock acknowledged receipt of a letter from the League of Women
Voters dated 12/20/71 supporting the SRC recommendation.
MOTION: Councilman Berwald moved, seconded by Pearson, to approve the
Human Relations Commission recommendation and authorize the City Attorney
to file civil rights suits on behalf of plaintiffs in housing discrimina-
tion castes with the City acting as a co -plaintiff.
Coancila n-Peaui-s stated he would-Wmto hear discussion as to just bar
criteria is established by which the City can participate in this typo of
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1/3/72
activity. He noted there are two sides to every question and stated he
could not see how the City could possibly, politically or otherwise,
take sides in every possible case that could go to litigation.
City Attorney Stone replied th-t with respect to the item before the
Council, it does not recommend at this time any action by the City under
State law. The concern is with the Federal 1968 Civil Rights Act. He
referred to the objectives of the Housing Element in the General Plan
and the recent survey conducted by the Mid Peninsula Citizens for Fair
Housing, noting however that he was not stating as an absolute fact that
the survey is absolutely accurate in every detail. He stated his office
had thereughly researched the question as to whether or not the City may
get involved in the U.S. Civil Rights action on behalf of (a) the City,
(b) the private litigant, or (c) as attorney for the private litigant, and
'gad come to the conclusion that iu the appropriate case it would be appro-
priate for the City to engage 1►i a suit on behalf of a private person
allegedly discriminated against and also to act on behalf of the City.
He concluded that the City has several options: do nothing; provide a
fund for the hiring of private attorneys for private litigants; it may
represent the private litigant; or finally it may represent itself and
the private litigant. He stated his office would recommend the latter
as having the highest impact if in fact the case is won.
Regarding the question as to where the lire is drawn on which cases should
be brought by the City, Mr. Stone stated it would b; his intent to come
to Council in Executive Session on litigation to review any particular
case which his office would feel appropriate to bring. It would also be
his intent that any case brought to his office would be an unsolicited,
independent complaint. The Attorney's office will not go out and look
for cases nor will aty case arise from any particular survey where simple
checking is done to see whether or not discriminatory acts are being en-
gaged in. It will be an actual case where the plaintiff wants and needs
the particular dwelling unit in question.
Mr. Wilbur coated that it wou..d be hoped the additional psychological
effect of the City endorsing this proposal would have a real_ impact on
discrimination in Palo Alto.
Mr. Stone noted that on page 5 of the December 9th Human Relations Com-
mission minutes, last paragraph, he did not use the word "pilferage".
The motion to approve the Human Relations Commission recommendation carried
on a majority voice vote.
CitHousin$ Cor aaation Contract
eamesemeee
Councilman Semen noted for the record that on advice of the City Attorney
she would abstain from discussion or voting on this 'tatter since she was
a Director of the Housing Corporation at the 141e - thi a_ contract was entered
into,
Councilman Pearson read her letter dated December 27, 1971 regarding an
amendment to the contract which would require that the Housing Corporation
meetings be public.
MOTION: Councilman Pearson moved, seconded by Comstock, that Coor;cil
instruct staff to negotiate an amendment to the contract with the Dousing
'Corporation to have open meetings with respect to any project proposed for
the City of Palo Alto and if the amendment cannot be neatctiate_d; notice
of termination of contract should be given to the Housing Corporation.
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MOTION: Councilman Berwald moved, seconded by Norton, that the matter of
an amendment to the Housing Corporation contract be referred to the Policy
and Procedures Committee.
Anne Steinberg, 1384 Pitman Avenue, stated she was speaking as a Planning
Commission Member but not speaking for the Commission since they have not
_discussed the matter. She spoke in favor of open meetings and sucgested
at least one or two Planning Commission members be appointed as liaison
me bers to the Housing Corporation.
Luis Goldsmith, President of the Palo Alto Housing Corporation, stated
that since receipt of Councilman Pearson's letter there has not been time
for a Board meeting to discuss Ehis matter. Upon request of Mayor Comstock
that he speak only to the referral motion, Mr. Goldsmith stated that the
only point he had on the whole subject at this time was that if on each
proposed project there are public meetings of the Housing Corporation, then
the Planning Commission, then the Policy and Procedures Committee and
finally the City Council, that Palo Alto will never get any housing built...
The motion to refer carried o:i a najority voice vote.
State Gun Control
Preen tion Le7 7ation
Mayor Comstock reviewed his Memo dated 12/16/71 and stated he wanted to
find out from the City Attorney if the field has in reality been preempted
by the State, do no opportunities exist for the City to take any action
in their own right. If there are opportunities or possibilities for legis-
lative action on the part of the City, what are those opportunities and
what could be done.
Councilman Beahrs referred to a previous detailed report on this subject
from the City Attorney as to the State's preemption of this field. He
asked the City Attorney whether or not the State's interests extended to
licensing the individual as to the competence of a person both morally
and mentally to possessing a gun. Mr. Stone replied there was a great
deal of research to do on the subiec t but stated there may be some options
open to municipalities to act in the field of firearm control.
Discussion followed as to whether this subject should be referred to
Committee with public discussion limited to such time as the City Attor-
ney's report would go to Committee.
Mayor Comstock stated he would amend the proposed motion in his Memo that
the Attorney's report be considered by the Policy and Procedures Committee.
He pointed out to the audience that they will have an additional opportunity
to speak when the report is forwarded to the Committee and another oppor-
tunity to speak to the report and the Committee recommendations when they
are_for.:ardeL -io Council. He noted there were several Oeople *o had indi-
cated a desire to speak to this oubject and he urged them to brevity,
conciseness and a three minute limit.
Bruce Franklin, Department of English, Stanford University, spoke of the
Constitutional right to bi.kr arms and the right of armed and organized
self defense.
Vice Mayor Norton said he would like to make a statement at this time.
He said it is very clear the Federal Constitution will be interpreted by
the Supreme Court of the United States and not by Mr. Franklin or anyone
else.
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1/3/72
J. Cooney, 353 Waverley Street, Menlo Park, stated he was speaking as
a member of the Staee Executive Committee for the American Independent
Party. He commented that this subject is a much more important issue
than a mere triviality of a political springboard. He spoke of the rights
under the Constitutional amendments, previous discussions before the
Council regarding a gun ordinance, and the election season.
Mayor Comstock repeatedly requested Mr. Cooney to conclude his remarks
rat this time. Mr. Cooney continued speaking.
(The Council recessed from 8:45 to 9:00 p.m.)
Mayor Comstock observed that some people in the audience had indicated
they were prepared to yield their time to speak to Mr. Cooney. He stated
he would read the names of those who had indicated a desire to speak
and asked them to state at that time whether they wished to yield their
tine to Mr. Cooney, in which event he would set their cards aside. Mayor
Comstock called twelve names with two people indicating they would yield
their time to Mr. Cooney. Mayor Comstock then told Mr. Cooney he would
allow him to speak five more minutes. Mr. Cooney continued speaking on
politics. Mayor Comstock informed Mr. Cooney his time to speak was up
and proceeded to call the names of those who had submitted cards while
Mr. Cooney continued speaking.
Mayor Comstock informed Mr. Cooney he was disrupting the meeting and
asked the City Attorney to read the Penal Code.
City Attorney Store stated that disruption of a public meeting is a vio-
lation of the Penal Code, Section 403, and is: the Council, and in particu-
lar the presiding officer, declares it to be disruptive, the meeting can
be continued in private after the room is cleared or the Council can adjourn.
MOTION: Councilman 8erwald moved that the meeting be recessed for one
half hour.
Disruption continued and Mayor Comstock asked the City Attorney to again
read the code.
Mr. Stone stated that Section 403 of the Penal Code prohibits the disrup-
tion of a public meeting if the public meeting is declared disrupted by
the presiding officer. The Government Code provides the room can be
cleared and the Council can continue to meet on those items on the Agenda
in private with the press Included.
(Mayor Comstock declared the meeting recessed -- The Council
recessed from 9:17 to 9:30 p.m.)
Martin Fichner, 418 Fernando, stated he was not relinquishing his right
to speak but weetad- tv make sure St. Cooney was finished.
Mr. Cooney stated that if Mayor Comstock will publicly deny that he has
any aspirations to run for the State Senate and that he is using the gun
control issue as a political vehicle, he would step down.
Vice Mayor Norton objected '.o Mr. Cooney's remarks and stated that in his
opinion a personal dialogue with one member of the Council was completely
out of line.
Mayor Comstock responded to Mr. Cooney, stating that Ito is time Mayor of
falo Alto and is not running for any other office and does not now have
aspirations for any other office. He said he has no connection with the
Kennedy Action Corps at all. He then requested Air. Cooney to sit down.
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Martin Eichner, 418 Fernando, stated he is an attorney representing
Robert Sullivan. He spoke of the Sullivan case and against gun control.
Tim Gadus, 1969 University Avenue, spoke of police repression and the
right to bear arms.
Janelle James, 1030 Fife Street, read a prepared statement on behalf of
the Palo Alto Venceremos in favor of the right to bear arms and spoke
against referring the matter to Committee.
Dorie Youdelman, 720 Waverly Street, spoke in favor of the right to bear
arms.
John Dolly, 931 Scott Street, referred to the New York City Sullivan Act
and spoke in favor of the right to bear arms.
Geraldine Foote, 107 Chester Street, Menlo Park, spoke in favor of the
right to bear arms.
Kent Hutchings, 1969 University Avenue, spoke of the New York Sullivan
law and against gun registration.
Mike Fox, 283 Curtner, spoke in opposition to gun control.
Philip Lexey, 1028 High Street, spoke in favor of the Council dropping
the subject of gun control.
William Wacker, Belmont, State President of the California Hunters & Gun
Owners Association, Chairman of the Board of Directors of the National
Gun Owners Association, member of the National Rifle Association and
several sportstaens groups, asked the Council to Join these groups at the
State level to make a mandatory minimum sentence of ten years for a crime
of violence, rape, robbery or assault with a weapon. He spoke against com-
munity control and in favor of State-wide control.
Jane Franklin, 1060 Ringwood, Menlo Park, spoke about self-defense and
the right to bear arms. -
Ned Rarer, 967 Dennis Drive, stated he wished to yield his time to
Mr. Manfredi.
Frank Manfredi, 219 Addison, spoke of the right to bear arms and self-
protection.
Chris Fleming, 3 Larkin, Stanford, spoke in favor of the right to bear
arms and self-defense.
Eric Cockroft, 930 Colorado, spoke of the tight to bear arms.
Bruce -Franklin spoke of the police having gins -and in favor of the right
to bear aims.
MOTION: Mayor Comstock moved, seconded by Henderson, that the City Attor-
ney be directed to review the State Legislation concerning firearms con-
trol and advise of the extent of preemption that exists or does not exist
and that the City Attorney's report be forwarded to the Policy and Pro-
cedures Committee for review.
Councilman Seman asked the City Attorney to comment on the rights -ex--- -
pressed in the Second Amendment. -Mr, Stone --replied that very generally
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1/3/72
speaking, the Second Amendment has not been considered to deny the State
the right to control the use and possession or firearms. He stated he
could not define precisely tonight the extent of that control nor the
precise line of the preemption.
Councilman Berwald referred to Mr. Wacker's suggestions regarding penalties
for the aisuse of guns and questioned whether the Attorney's report would
not on?y look at fire arms control but also proposed _legislation that
addre:sse4 itself to penalties for the misuse of firearms.
Mr: Stone replied thEt, should the motion pass, he would include in his
report a rundown on State penalties for firearms abuse and also those areas
in which the State has acted.
The motion carried on the followingroll call vote:
Ayes: Berwald, Comstock, Henderson, Pearson, Rosenbaum, Seman
Noes: Beahrs, Clark, Norton
Local A encv Formation Commission's
ri.' a1n ara unt�� -_Deve o Went Policies or f Santa
Co .
Councilman Clark reported that the Urban Development Policies were the
end result of one of the subcommittees of the Santa Clara County Planning
Policy Committee and have been approved by the Association of Planning
Officials and the Local Agency Formation Commission. The purpose of the
Policies is to guarantee some order to future development of the County
and this set of proposals is directed primarily toward the southern end
of the County. However, he stated it ;s necessary that all jurisdictions
enter into this and it will be necessary for Palo Alto to define those
areas within its sphere of influence, i,e., IT6T land, Barron Park and
Stanford lands inside Santa Clara County. He said he felt it would be
appropriate for staff, i.e. Director of Planning and Community Develop-
ment, Planning Department, to apply this particular format to the City
of Palo Alto and the unincorporated areas near Palo Alto,
MOTION: Councilman Clark moved, duly seconded, that staff come back to
Council with a proposed staged development plan for the City of Palo Alto
and its lands.
The motion carried unanimously on a voice vote.
Oral Commun' cations
unimastowasummoommempomagerw
1. Sheila Harper, 228 Willow Road
statement Raking for an end to
industry in Santa Clara County
adopt a resolution demanding a
in the indo China War.
Menlo Park, read a preper.d
any further development of war
and asking the City Council to
coMOlete end to the U.S. role
2. Jean Hobson, 656 Chauning, read a document entitled "Joint Treaty
of Peace between the people of the United States, South Vietnam
and North Vietnam" and asked the Couucii-to endorse it.
3. Phil Troustine, 720 Waverley Street, asked the Council to pass a
resolution protesting the. bombing in Vict_nam-end--r€gueating
mediate withdrawal of all troops.
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4. Enid Hunkeler, 1030 N. California, a...ked the Council to work
toward stopping all research and army related industry in this
area.
5. ianelle James, 3943 El Camino, spoke for investigation of war
related industry in Palo Alto and adoption or the "Peace Treaty".
Adjournment
The meeting adjourned at 11:35 p.in.
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* * * * * * * * * * * * * *
Ode ular Heetine of Janti�an 3, 1972
IrI CAY�I�l R�@P'ET'i R�IP �1' '9
The Council. of the City of Palo Alto met on this date in a regular meeting
at 11:35 p.m. with Mayor Comstock presiding.
Present: Beahrs, Berwald, tomstock, Henderson, Norton (arrived
11:37 p.m.), Pearson, Rosenbaum, Seman
Absent: Clark
(The Council recessed from 1 1 :37 to 11:46 p.m.)
?resent: Beahrs, Berwald, Comstock, Henderson, Norton, Pearson,
Rosenbaum, Seman
Absent: Clark
CouncilMinutes of December 13 any! 20, 1971
ain em
The Minutes of December 13, 1971 were approved as submitted.
In the Minutes of December 20, Councilman Henderson requested than under
"Youth Advisory Council awards...", second paragraph should read "...Youth
Advisory Council Members have..."
The Minutes of December 20, 1971 were approved as corrected.
Presentation b American
ansst tute o Ar tects
Mayor Comstock noted that due to the lateness of the `your, the represen-
tative from the American Institute of Architects had left the meeting.
'::3T ION : Mayor Cc s teck moved, seconded by Henderson, to cont.inuf' the
item to January 10, 1972.
Themotion carried unanimously on a voice vote.
Site and Deai District - Al ha
a t a an a
NOTlOh: Councilman Beahrs moved, seconded by Rosenbaum, tc uphold the
Planning Commission recommendation and approve the applic tion oa Alpha
1
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1/3/72
Realty for Site and Design District approval F.t 3780 Fabian Way, Zvne
District M -1 -S -D, subject to the conditions recorded in the Planning Com-
mission Minutes of 12/15/71.
1
The motion carried unanimously on a voice vote.
Councilman Berwald noted that a lawn is prescribed for the parking strip
and commented that there is no provision for access across the parking
strip into the walkw?ys that come down from the building.
Russ Dahlquist, Vice President of Alpha Realty, stated they would be
happy to work this matter out with staff. He added he had one question
with regard to moving the building forward in order to maintain the five
foot planting strip across the rear of the property. He said that leaving
the building where it is and raving the setback in front would be more
beneficial and aesthetic to the property than moving the building forward.
The cause of the problem regarding the five foot planting strip in the
rear is the request by the Flood Control District for an additicnal three
foot piece of lend which Alpha Realty have agreed to.
In response to question regarding location of the building, i:r. Fourcroy,
Director of Planning and Community Development; explained that the building
is approximately 27 feet back from the street property line. He stated
it could be moved forward three feet with a minimum setback of 24 feet.
He commented that the Planning Commission in their recommendation did not
agree with the applicant regarding the five foot strip of planting to the
rear of the property.
(Councilman Berwald left the meeting at 11:55 p.m.)
41i:.22,1Desi il District - Shell O
t�aapany, no ea
Vice Mayor Norton commented that both Agenda Item Nos. 3 and 8 were requests
free Shell Oil Company for Site and Design approval. He said that in his
opinion the requested signs are in violation of the Sign Ordinance which
says "No Advertising" and ;suggested that perhaps proper application of the
Sign Ordinance regarding advertising outside the premises should be referred
to Committee.
MOTION: Mayor Comstoee moved, seconded by Norton, to continue the matter
for one week with staff to contact representatives of Shell Oil Company to
review the question regardlns advertising.
The motion carried unanimously on a voice vote.
Site and Desi District - Philco--Ford
row`
orat one _� a an av
MOTION: Councilman Henderson moved, seconded
Planning Commission recommendation to approve
Ford Corporation for Site and Design District
Zone District M -1 -S -D.
by Norton, to upheld the
the application of Philco-
approval at 3825 Fabian Way,
The motion carried unanimously on a voice vote.
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1/3/72
Miscellaneous Division of Land - Marjorie
ate, ?fTa Adobe Roan-an3- race oa
Mr. Fourcroy reported that staff supports the recommendation of the Plan-
ning Commission that this is an equitable resolution of a large parcel
into three.
MOTION: Councilman Pearson introduced the following resolution and moved,
seconded by Henderson, its adoption:
RESOLUTION NO. 4534 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO APPROVING A MISCELLANEOUS DIVISION OF LAND
FOR APPROXIMATELY 3.92± ACRES OF LAND GENERALLY KNOWN AS 950 OLD
TRACE ROAD, GRANTING EXCEPTIONS TO WIDTH REQUIREMENTS FOR ONE
PARCEL AND ACCESS REQUIREMENTS FOR ANOTHER, SUBJECT TO CONDITIONS"
The resolution was adopted on a unanimous voice vote.
Site and Deli n District - Safeway
titores Inc. .i ie o5d
Mayor Comstock noted that a letter dated 12/27/71 had been received from
Safeway Stores, Inc. requesting a two week continuanc .
MOTION: Mayor Comstock moved, seconded by Beahrs, to continue the matter
to January 17, 1972.
The motion carried unanimously on a :voice vote.
Site and Desi n District - California
ac C ommeTC1,i 7aSt
ea ow irc e
MOTION: Councilman Beahrs moved, seconded by Pearson, to uphold the Plan-
ning Commission recommendation -to approve the application of California
Pacific Commercial Corporation for Site and Design District approval at
1036 East Meadow Circle, Zone District L -M -S -D, subject to the conditions
recorded in the Planning Commission Minutes of 12/15/71.
The motion carried unanimously on a voice vote.
Site and Desi !3istrict - Shell
dmpany, A ma ..treet
Mayor Comstock noted that Council has not yet received the plans on this
application.
MOTION: Mayor Comstock moved, seconded by Henderson, to continue this
item to January 10, 1972.
Th€_uotion carried unanimously on a voice vote.
Palo Alto-Munici al Code Contracts
an urcasnL ocs
r pre
...
MDTIO4: Mayor Comstock introduced the following ordinance and moved,
seconded by Norton, its adoption:
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1/3/72
ORDINANCE NO. 2642 entitled "ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO AMENDING CHAPTER 2.30 (CONTRACTS AND PUR-
CHASLNG PROCEDURE - i R0aRTY CONTROL) OP THE PALO ALTO MUNICIPAL
CODE SPECIFYING PURCHASES WHICH MUST BE APPROVED BY THE CITY
COUNCIL, AUTHORIZING CONTINUING CONTRACTS AND COOPERATIVE PUR-
CHASING, PROVIDING FOR DISPOSAL OF SURPLUS PROPERTY AND MAKING
OTHER CHANGES" (first reading 12/13/71)
The ordinance was adopted on the following roll call vote:
Ayes: Beahrs, Comstock, Henderson, Norton, Rosenbaum, Seman
Noes: Pearson
Dedication of Hoover Park
City Attorney Stone drew attention to a typographical error in the ordi-
nance with respect to the property description, line 13, the term 92.50
feet should be changed to 92.35 feet and the :nap should he amended to
reflect this change.
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Beahrs, its adoption incorporating the recommended change
in the property description contained in Section 1, line 13 thereof, that
the term 92.50 feet be chenged to read 92.35 feet and that the map be
amended to reflect the 92.50 feet rear dimension as changed to 92.35 feet
in dimension:
ORDINANCE NO. 2643 entitled "ORDINANCE OF THE COUNCIL OF THE
CITY CF PALO AiTO AMENDING SECTION 22.08.150 OF THE PALO ALTO
MUNICIPAL CODE (DEDICATION OF HOOVER PARK) TO ENLARGE THE AREA
THEREOF" (first reading 12/20/71)
The ordinance with the recommended change was adopted on a unanimous
voice vote.
Sanitation Service Yard Improvements
City Engineer Witbeck reviewed his report dated 12/30/71 (CMR:124:1) and
noting that., it will enhance the present facilities with improvement costs
recovered by the City through amendments to the present lease agreement
with the Sanitation Company.
In response to question regarding rates, Acting City Manager Sipel assured
Council the improvements would not result in any rate increase to customers.
NOTION. n____ ,i]
NOTION: :�_, , c.4U3YS..YLi.Cdli Beahrs moved, 3econoied by Rosenbaum, to approve the
preliminary plans as presented and authorized te staff to prepare final
plans a.d specifications and to advertise for bids.
The motion carried unanimously on a voice vote.
Prelimina Plans - TOPICS Intersection
marezement .r iert )
Mr, Witbeck pointed out the preliminary plane on the.wall mapaad_brie_l,i
reviewed his report dated 12/30/71 (CM17.0220).
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1/3/72
MOTION: Councilman Beahrs moved, seconded by Rosenbaum, approval of the
preliminary plans and cost estimate and directing that final plans and
specifications be prepared and construction bids solicited.
Discussion followed regarding the irtersection at Miranda and Hillview
and the cutting off of access to Embarcadero from Seale, Melville and
Kingsley, with Mr. Witbeck responding that the fact these areas constituted
traffic conflict and a high instance of accident is what made the project
eligible for the TOPICS program.
Gloria Brown, 1766 Fulton.Street, spoke against closing off Seale at
Embarcadero and said it would result, in increased traffic on the smaller
streets.
Mr. Sipel pointed out there had been a complete traffic study about two
years ago with much citizen participation. The intersections being dis-
cussed this evening are the intersections considered in this study as
very hazardous and it appeared to be the consensus of the people partici-
pating, as well as the Council at that time, that these streets were the
areas that should be corrected.
Joan Craven, 942 Scott Street, questioned regarding Kingsley Street and
whether access would be closed to Embarcadero. Mayor Comstock explained
that Kingsley would be closed at Emerson.
In response to Vice Mayor Norton's suggestion that Council divide the
question and vote separately on portions of the project, Mr. Witbeck
cormented ;t was his belief the City would run into a serious problem
-dth the TOPICS financing if they started chopping the project apart at
this point in time. Mr. Stone advised that with respect to the TOPICS
financing there is the possibility that action on something less than
the entire project would perhaps be fatal.
MOTION: Councilman Beahrs moved, seconded by Seman, to continue the
matter to January 10th.
The motion failed on a majority voice vote.
The motion to approve the preliminary plans carried on the following roll
sail vote:
Ayes: Beahrs, Comstock, Pearson, Rosenbaum, Seman
Noes: Henderson, Norton
Bicycle Route S stem - i.and and
ater ervation ssn . ro r (MR; 121 :0)
imangominumm
Charles Walker, Assistant to the City Manager,, reviewed previous action
regarding the Bicycle Route Program and advised that staff has now received
official confirmation of the approval of an $87,720 grant to fund 502 of
the construction of the ffrar phase of the Bicycle Route and the Trails
and Path Program. He stated that an agreement with the Federal Government
is now required if the City is to receive this funding assistance.
Councilman Rosenbaum referred to a letter received from Mr. David Weisman
concerning the bicycle path plan and stated he would be interested to see
answers to Mr. aeissman's questions.
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1/3/72
Mr. Sigel advised that staff is eerrently preparing a response to Mr. Weissman
which will be in Council packets. He noted that Mr. Weissman participated
in some of the discussions on this subject at committee level and raised
some of the same points outlined in his letter and the committee decision
at that time was in opposition to what Mr. Weissman is proposing.
MOTION: Councilman Pearson introduced the following resolution and moved,
seconded by Henderson, its adoption:
RESOLUTION NO. 4535 entitled "RESOLUTION OF THE COUNCIL OF THE CITY
OF PALO ALTO APPROVING AND AUTHORIZING EXECUTION OF A PROJECT
AGREEMENT FOR LAND AND WATER CONSERVATION FUND PROJECT NO. 06-00197,
'URBAN BICYCLE ROUTE SYSTEM,' BY AND BETWEEN THE CITY OF PALO ALTO
AND THE STATE OF CALIFORNIA, RESOURCES AGENCY, DEPARTMENT OF PARKS
AND RECREATION"
The resolution was adopted on a majority voice vote.
Referendum Petition - Old
orat
cr ion ar t ert
Mayor Comstock noted that reports had been received on this matter from
the City Clerk and the City Attorney.
MOTION: Councilman Beahrs moved that the reports bF. filed.
The motion died for lack of a second.
Mayor Comstock announced that the Council would hear from the public at
this time.
Gregory Kerber, 1280 Wilson Street, seated he would like to give his
interpretation with regard to filing the petition. He commented that
even though a great deal of time had been spent in both the City Clerk's
office and the City Attorney's office going over these procedures, he did
not feel that he had been given a clear indication that an Affidavit had
to be filed with the referendum.
Roberta Cane, 636 Webster Street, spoke on various projects being con-
structed in Palo Alto and against construction of the Holiday len.
William Cane, 636 Webster Street, spoke of the signatures on the referen-
dum that had been invalidated because of a Charter requirement and in
opposition to said Charter requirement.
Phil DeGuere, 1120 High Street, read a letter received in the mail from
the developer of the Holiday Inn regarding advantages of the project and
spoke against construction of the Holiday Inn.
Clement Chen, 544 Pacific Avenue, San Francisco, developer for the Holiday
Inn, stated he had sent the letter out because he felt people needed to
hear his side of the story. He spoke of his interest in low cast housing
and stated that he was prepared to undertake a homing project between
300 to 400 units of which about 20 to 25% will be specially dedicated to
the rent subsidy housing program if the City will help to allocate or
locate the land on which he could`do so,
Joan Craven, 942 Scott Street, suggested the Corporation Yard Site be
used for a<n_emeroenc_y_,edical center-- r--vanr-ioa other uses --or possibly, that
a study be suede by Stamford as to use of the property.
See
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John Philo, 2076 Harvard Street, spoke of the petitions, the signatures
not counted because of the Charter requirement, and stated the people want
to vote on the development.
Pamela Crime, 1141 High Street, spoke against development of the Holiday
Inn.
Councilman Pearson reviewed previous Charter Review Committee action and
stated the intent of the Charter Review Committee and the Council was
that the recall be changed and that the initiative and referendum be as
in General Law. She commented that the Charter should ae perfectly clear
with each Section able to stand alone.
MOTION: Councilman Pearson moved, seconded by Henderson, that the Council
direct the City Clerk to ask the Registrar of Voters tto count the signa-
tures to the referendum petition.. gathered before December 16, 1971 which
fulfill all the other requirements for a valid signature.
Councilman Beahrs stated he was content with the interpretation of the
City Attorney and pointed out that if people do not like the law they
can petition to change the law.
In response to Vice Mayor Norton's comment that the motion in effect dis-
regards the opinion of the City Attorney, Mr. Stone replied that in his
opinion it is inescapable that the motion does disregard what he believes
the Charter to state. He agreed that each provision of the Charter should
stand on its own but the Attorney's office reads the Charter the way it
is. With respect to the intention of the Charter Review Committee, he
stated that his office does not have the luxury of bending or breaking
what they believe to he the plain language of the Charter. He said that
if the Council wishes to disregard the way the Attorney's office reads
the Charter, that if: entirely a matter of policy with the Council.
Councilman Rosenbaum referred to a similar action several years ago when
a project was tied up for a long time in the courts and stated this could
very well happen again.
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Page
378
Councilman Henderson stated he did not question the statements and con-
clusions made by Ctrs. Simkins or Mr. Stone. He added, however, that
since hearing this evening of the intent of the Charter Review Co ittee,
it was his feeling it would be an injustice to throw out those signatures
that would otherwise be valid except for a technicality in the Charter.
In response to questions, Mr. Stone advised that if the Council wishes to
pass the motion a simple majority vote is all that is needed. If the
motion does pass, he stated that in his opinion the proponents of the
referendum would be well advised to continue gaining the signatures
necessary because if the action of the Council is rot upheld by the court
the passibility remains that the petitioners can and will obtain enough
signature& fee the referendum to go to a voce anyway. He said he believed
the Council, and the Clerk would be well advised to submit those names sub-
mitted by Friday for a count and if the Registrar of Voters finds them
to be sufficient from December 16 to this Friday, January 7, then the
referendum will be held pursuant to the Charter as his office reads it.
If there are not enough at that time then the Co>3ncil directive as stated
in the motion would be to have the Registrar of Voters count all the names
from the first day through December 22nd.
M TION RESTATED: Councilman Pearson moved, seconded by Henderson, that
theiClerk be directed to submit to tae -Registrar of Voters all signatures
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gathered on the referendum petition through January 7, 1972 for validation,
with the further direction that if after those signatures are totaled the
number of signatures is less than the amount required, the Clerk shall
then instruct the Registrar of Voters to start validating those signa-
tures collected prior to December 16, 1971,
The motion carried on the fcllowing roll call vote:
Ayes: Comstock, Henderson, Pearson, Rosenbaum, Seman
Noes: Beahrs, Norton
MOTION: Councilman Pearson moved, seconded by Henderson, to refer the
Initiative, referendum end recall sections of the Charter to the Policy
and Procedures Committee fur review and recommendation to Council for
clarification.
The motion carried unanimously on a voice vote.
MOTION: Councilman Pearson moved, duly seconded, to refer to the Policy
and Procedures Committee the question of whether or not the Council can
rescind an ordinance action within the 30 day period subsequent to second
reading.
The notion carried unanimously on a voice vote.
Ad outs er.t
The meeting was adjourned at 1:35 a.m. to January 10, 1972.
APPROVED:
),;
wIltat-oz
Mayor
ATTEST:
367
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