HomeMy WebLinkAbout011019721141
MINUTES
city of palo alto
January 10, 1972
The City Council of the City of Palo Alto met on this date at 7:33 p.m.
in an adjourned meeting of January 3, 1972, with Mayor Comstock presiding.
Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton,
Pearson, Rosenbaum, Seman
Absent: None
Mayor Comstock drew the attention of the audience to a printed Summary of
Procedures for members of the public attending Council meetings and wish-
ing to address Council.
Welcome to Mager Greenberg
ear .c er � r :�reegr
Mayor Comstock welcomed Mayor Arthur B. Greenberg of the City of Rolling
Hills Estates, visiting PAlo Alto and attending this evening's meeting
as a guest of Councilman Semen.
Greetin sa to Na -or Herfurth of Mountain View
Councilman Berwald said he had heard this evening that Mayor William
Herfurth of the City of Mountain Vie had been taken ill. He acid hu
would like to request Mayor Comstock convey the sympathy of the City of
Palo Alto and express best wishes for Mayor iierfurth.'s speedy recovery.
Mayor Comstock said he would be happy to send such a letter on behalf of
the Council.
A raisals on i.and Available
faderaee Income Housing
Mayor Comstock asked Councilman Eerwald to speak to this subject.
Councilman Berwald stated that his purpose in placing this subject on the
Council Agenda, and suggesting that staff -uppiy this information, vas to
secure a more definitive idea of thevalues of various properties in the
City of Palo Alto which might be suitable for low and moderate income:
housing development. _ Councilman Berwald noted that Acting City Manager
Sipel had already surpiied the Council with cost appraisals on several
properties. He said the intent of his request this evening vas that
staff f re,,i ew "dens
_ _._-�_ properties, to render more complete the information
already received from the Acting City Manager.
Further discussion followed and it was established that the intent and
understanding of this request was not to hire outside professional ap-
praisers to supply this information. Acting City Manager Sipel confirmed
that staff could supply Council with the information in question;.
MOTION: Councilman Berwald moved, seconded by Rose sum, that the City
request staff _ to ,--rare appraisals on land available for low/moderate
income housing.
3 68
1/10/72
AMENDMENT: Councilman Rosenbaum moved, seconded by Beahrs, that the motion
be amended to state that any such appraisals be based on existing zoning.
The amendment passed on a unanimous voice vote.
The motion as amended passed can a unanimous voice vote.
Federally S'ibsidized Housing
Mayor Comstock requested Councilman Rosenbaum to speak to this item.
Councilman Rosenbaum referred to his memorandum dated narerther '?o
to _..the City Co.,'cii al3u attached article.._ from "The New... Republic" dated
December 11, 1971. The article had raised some questions in his mind
concerning limited dividend sponsorship of subsidized housing. Council-
man Rosenb„u:a said he felt that Council should have more information
available on the relative merits of non-profit and limited dividend
sponsorship of housing.
MOTION: Councilman Rosenbaum moved, seconded by Berwald, that staff be
directed to report on the differences between non-profit and limited
dividend sponsorship of FHA 236 housing, with particular attention to be
paid to the question of whether there is likely to be a significant dif-
ference in rents and maintenance funds under the two programs.
AMENDMENT: Councilman Clark moved, seconded by Seman, that the notion be
amended to request that the Housing Corporation, rather that the staff,
be directed to report as requested.
Further discussion ensued and Acting City Manager Sipel assured Ccuncil
that staff would consult not only the Housing Corporation but other
agencies, including the Federal Government, in undertaking this assign-
ment.
The amendment failed on the following roll call vote:
Ayes: Beahrs, Clark, Henderson, Seman
Noes: Comstock, Norton, Pearson, Rosenbaum
-Abstain: Berwald
AMENDMgNT: Councilman Clark moved, seconded by Seman, that the motion
be amended to direct both the staff and the Housing Corporation to report
o the differences between non-profit and limited dividend sponsorship
of PHA 236 housing as requested.
The amendment passed on a unanimous voice vote.
The motion as arcnded passed on a unanimous voice vote.
Palo Alto -San Jose Transit Authorit
Mayor Comstock stated that Councilman Rosenbaum wished to add a further
item of new business and give an up to date report on the Transit Authority.
Councilman Rosenbaum introduced Mr. James Boring, Acting Project Manager
for the Transit Authority, and said Mr. Boring would report to the Council
on the latest developments.
3 6 9
1/10/72
Mr. Boring reported that on January 1, 1972 the Transit Authority pub-
lished a two months' progress report. The Authority is charged with pre-
paring a Plan for operating buses to provide the public with more services,
hcpefully at less cost, but at least not at any sweater cost. The Plan
is to be accomplished w=.thin six months of formation of the Transit Author-
ity. Within four months of formation of the Authority the Plan should
have progressed to a point where applications can be made to the Federal
Government for a Mass Transportation Demonstration Grant and also a Capital
Equipment Cent. Mr. Boring noted that, in this connection, Wa=r P =-,
Chairman of the Authority, Mr. _Crain ;_con alto t cne Authority,
Mr. Jackie Bar; and Mrs 1:::ring went to Washington D.C., recently to make
pr:F•:;sai to the Federal Government, and the proposal was received with-
out any great objections.
Describing what has been accomplished so far, 1`Ir. Boring said the Authority
and the consultant have taker. a look at the existing bus system in the
City of Palo Alto, and noted areas where service falls short of the overall.
standard. Comments received from the Citizens' Advisory Group have been
relayed to the Transit Authority and a "Revised Base System" has been
devised. Mr. Boring drew attention of Council to a map showing this Re-
vised Base System and discussed highlights of it such as transportation
to Foothills College, Stanford Industrial Park, and a proposed Senior
Citizens' service during the day. The proposal z.alls for twelve: vehicles,
six of which might be termed "mini -buses" for around 19 passengers, and
six of the average size to accommodate 33 passengers. An application for
a grant for these r ='es and associated equipment should be filed with the
Federal Government sometime this month and, in accordance with the Joint
Powers Agreement, the City Councils of both San Jose and Palo Alto must
approve any plan prepared. Mr. Boring concluded his remarks with comments
on the timing of P;h'se 2, 3, and 4.
MOTION: Councilman Rosen''^,aura moved, seconded by Berwald, that the subject
of applying for a grant for twelve buses and associated equipment for
the City of Palo Alto in regard to the proposal of the Joint San Jose -
Palo Alto Transit Authority, be referred to the Finance and Public
Works Committee.
The motion passed on a unanimous voice vote.
in of Concrete in Ba,lxnds
Mayor Comstock stated that Councilman Clerk wished to speak
Councilman Clark advised Council that, recently, the County
quantities of concrete in the baylands, between Embarcadero
Harbor. This is in violation of BCAC. He said Acting City
had taken steps in this regard and could comment further.
to this subject,
has been dumping
and the Yacht
Manager Sipel
Acting City Manager Sipel stated that he had been in touch with the Cuunty
and as of this date it was agreed that the County would remove all the
`saaateria l It had dumped He stated -further -.-that discussions with BCDC
had revealed that the County dumping of concrete at this location is in
violation of BCDC regulations, and the area which is being filled falls
within the jurisdiction of the Airport and Yacht Harbor lesions. The County
will now go through the proper channels and apply for a permit from the,:
City of Palo Alto to fill at this location under teris of the Yacht
.Harbor and Airport leases. Mr. Sfpel stated that the entire area will
be cleaned up and all the concrete removed in the very near future and
no additional filling without permission will take- place.
370
i/10/72
Acting City Mnager Sipel also noted "`ee cooperation the City had received
from interested citizens and said that steps would be ie en he
persons informed and to thank them for their assistance in this matter.
Oral CoiTtmun rat ;E.n�
1. Jim Shoch, 720 Waverley, Palo Alto, read a prepared statement
against "war profiteering" in Palo Alto. He also presented
a proposed resolution prepared by Palo Alto Vencer.emos with a
request that Council place this subject on a future agenda for
action. The proposed resolution would instruct the City Attor-
ney to prepare a report regarding the possibilities of drafting
City ordinances and/or employing City zoning laws to prohibit
any corporation wht:h receives funding from the United States
Department of Defense from establishing new operations aL"d%or
facilities in Palo Alto.
1
1
1
4 .
John Dolly, 931 Scott Street, Palo Alto, addressed Council con-
cerning the meaningr, of Mr. Shoch's resolution. He continued
to address Council regarding the firing of Professor Bruce
Franklin from Stanford University, and comments regarding
the war in Southeast Asia.
Ed Jackson, 9;6 Embarcadero Road, Palo Alto, addressed Council
on the subject of war crimes and atrocities and submitted two
copies of a paper he had prepared on this subject. He urged
Council to think. about Palo Alto's involvement and complicity
in the war in Southeast Asia.
4. Sheila Harper, 228 Willow, Menlo Park, stated that she is a
worker in a firm concerned with the "war industry". She spoke
of the oppression of workers who are forced to work in this
field since it is the primary industry on the Midpeninsuls
and said the "war industry" is in direct opposition to the
Interests of working people.
S. Hers. E. Kinderaan, 725 Cowper, Palo Alto, urges' Council to instruct
the City Attorney to study the question of zoning as a weans of
control, to help make Palo Alto the kind of city the people want.
6. Robert Bone, 976 Embarcadero, Palo Alto, spoke in support of the
suggested resolution submitted by Jim Shoch, in behalf of Palo
Alto Venceresmos.
7. Ned Harper, 967 Dennis, Palo Alto, stated that he is a machinist
in an electronics firm which has no Department of Defense contracts.
He said his firm is the only firm of its kind that is "growing"
at present and he therefore thought that it would be "good
economics" to eliminate the defense industry in the area.
°.ayor Comstock reiterated the procedure required to have an item placed
on the Council's agenda for discussion.
Councilman Pearson stated that it is her intention to place the Venceremos'
proposed resolution on the Council's agenda for its next meeting on January 1/th.
She stated that she would address a letter to her fellow Councilmen outlining
her support for the intent of the resolution. She then quoted the motion
she would offer at that time.
3 7 1
1/10/72
Councilman Berwaid stated that he had found this evening's comments on
the subject under discussion "a most empty presentation" and "unsup-
portable".
Adjournment
The meeting was adjourned at 9:00 p.m.
* * * * * * * * * * * * * * * * * * *
Regular Meeti of January 10, 19.72
The City Council of the City of Palo Alto met OD this date at 9:00 p.m.
in a regular meeting with Mayor Comstock presiding.
Present: Beahrs, Berwalc', Clark, Comstock, Henderson, Norton,
Pearson, Rosenbaum, Seman
Absent: None
Presentation bs Santa Clara
Valley Chanter of ALA
Mayor Comstock noted that a reprevantatiYe from ALA was not present this
evening. He asked Acting City Manager Sipel to report
Acting City Manager Sipel stated that a certificate of commendation was
awarded to the City of Palo Alto by the Santa Clara Valley Chapter
of the American Institute of Architects for design of the Baylands Inter-
pretive Center. He said it gave hire great pleasure to present this cer-
tificate to the Mayor this evening.
Mayor Comstock expressed pleasure at the City's certificate of commendation.
Annexation Policies
Mayor Comstock asked Vice Mayor Norton, Chairman of the Finance and Public
Works Committee to report.
Vice Mayor Norton stated that since the subject of annexation policies is
being returned to Council without a recommendation from the Committee, he
would like to request that this subject be continued for two weeks.
MOTION: Vice Mayor Norton moved, seconded by Beahrs, that the subject
of the Finance and Public Works Committee's recommendation regarding
annexation policies be continued to January 24, 1972.
The motion passed on a unanimous voice vote.
County -Wide Transit District
4 -
Mayor Comstock acknowledged receipt of a letter dated January 10, 1972
from the Leag.'e of Women Voters of Palo Alto supporting the resolutions
before Council this evening.
MOTION: Councilman Rosenbaum introduced the following resolution and
moved, seconded by Clark, its adoption:
3 7 2
1/10/72
RESOLUTION NO. 4536 entitled "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO SUPPORTING THE FORMATION 07 A COUNTY-
WIDE TRANSIT DISTRICT"
The resolution was a.dopt:en on a unanimous voice vote.
1
1
1
MOTION: Councilman Rosenbaum introduced the following resolution and
moved, ,seconded by Clark, its adoption:
RESOLUTION NO. 4537 entitled
THE CITY OF PALO ALTO URGING
OF 'JUPERVISORS TO LEVY A ONE
T/.X FOR TRANSIT P JkPOSES AND
/UND"
"RESOLUTION OF THE COUNCIL OF
THE SANTA CLARA COUNTY BOARD
QUARTER OF ONE PERCENT SALES
TO ESTABLISH A TRANSPORTATION
Me resolution was adopted on a unanimous voice vote.
Water Reclamation fcr Beneficial Re -use
(C?iR : 130: 2 )
Mayor Comstock asked Acting City ?Manager Sipel to speak to this subject.
Acting City Manager Sipel referred to the Staff Report dated January 6,
1972 prepared by Mr. Warren L. Deverel, Managing Director of Utilities,
and attaching a copy of the report prepared by Jenks and Adamson, Consulting
Engineers, entitled "Waste Water Reclamation for Beneficial Re -use'. He
stated that staff, together with the consultant; were prepared to crake a
full presentation to the Finance and Public Works Committee should this
be Council's desire.
MOTION: Councilman Clark moved, seconded by BerYwa1d, that the report
from Jenks and Adamson entitled "Water Reclamation for Beneficial Re -use"
be referred to the Finance and Public Works Committee.
The motion passed on a unanimous voice vote.
Legislative Analysis and Review (CMR:131:2)
Mayor Comstock invited Acting City Manager Sipel to address Council.
Acting City Manager Sipel summarized the Staff Report of January 6, 1972
and said that in order to insure an ongoing legislative analysis and
review procedure the City Manager's Office proposed to hire a part-time
student intern who would be given this responsibility exclusively. He
stated that prior to considering modifications to the present program,
the Council might first determine what it wishes to achieve through these
changes and in what areas the present level of staff effort is inadequate.
Does the Council wish more information about proposed legislation in
general or in certain specific areas? Does the Council wish to make its'
feelings known on more Bills and to exert more influence than the current
program produces? Does the Council wish to cansi er and take formal
positions on proposed legislation having a significant effect on municipal
operations?
Further discussion ensued regarding the service provided by the League
of California Cities and Acting City Manager Sipel confirmed that this
service is adequate when applied to Bills which affect cities in general.
He noted that the League has a responsibility to all cities in the State.
37'3
1/10/72
MOTION: Councilman Pearson moved, seconded by Henderson, that the subject
of .legislative analysis and review (CMR:131:2) be referred to the Policy
and Procedures Committee.
The mot.ion passed on a unanimous voice vote.
Mayor Comstock recognized Robert Harker who had requested the c7portunity
to speak to this item.
Robert Hecker, 764 Gallen Court, stated that he is a student and he would
be interested in assisting the City staff with legislative analysis and
review ana would like to volunteer his services in this respect.
Mayor Comstock and Acting City Manager Sipel said they would welcome
hearing furcher from Mr. Rarker.
+":ouncilman Berwald noted that Robert Harker is a student at Wilbur Junior
iigh. He praised Robert for his interest in public affairs and his organi--
eation of a Public Affairs Forum, consisting of five classes from Wilbur
Junior High, which Councilman Berwald had recently had the opportunity to
address.
The :notion passed on a unanimous voice vote.
Site and resin District A =royal -
ul Camino Real Shell Oi Company (CMR:135:2)
Mayor Comstock invited staff to report.
Director of Planning and Community Development, Louis J. Fourcroy, reiterated
the history of this application for site and design district approval and
said Council had continued it from January 3, 1972, so that staff could
report as to *.;hether certain Shell Oil Company proposed signs were in com-
pliance with Chapter 16.20 0:` the Palo Alto Municipal Code.
Vice Mayor Dorton stated that he would vote against this application as
a protest against the size of the signs involved.
Mayor Comstock invited the representative of Shell Oil Company to address
Council.
Gary F. Shimp, Shell, tsfl Company, 1 Rollins Road, Millbrae, said that his
company would like Council to approve their application, subject to the
Planning Commission's conditions. He stated that the signs were an im•-
pc.'tsns part of the oil company's business and could not be eliminated or
reduz€:d substantially.
Mayor Comstock commented on the general misuse of service stations. He
said very often Council approves a nice building and adequate landscaping
and then the operators of the station cover the windows with painted
slogans and special offers, and.place:t1_e racks out to front. He wondered
what control and discipline Shell Oil Company could exercise over operators
of service stations.
Mr. Shimp outlined the limitations within which the company works and
said that the operators are concerned with profit.
City Attorney Stone responded to questions regarding limiting the signs
by ordinance and said in this case the signs do conform to the require-
ments of the City ordinance for a commercial. %riot.
374
1/10/72
(Councilman Berwald left the Chambers from 9:30 p.m. to 9:35 p.m.)
1
MOTION: Councilman Clark moved, seconded by Henderson, that the Council
uphold the Planning Commission recommendation and approve the application
of Shell Oil Company for Site and Design District Approval at 2238 El
Camino Real, Zone District Z -3-S, subject to the conditions recorded in
the Planning Commission minutes of 12/15/71.
Further discussion ensued regarding the signs in question and Director of
Planning and Community Development Fourcroy confirmed that these Shell
signs were in line with what is generally seen at service stations.
The motion passed on the following roll call vote:
Ayes:- Berwald, Clark, Henderson, Pearson, Semen
Noes: Beahrs, Comstock, Norton, Rosenbaum -
Site and Desi District A royal
15 Alma Street - She11 0i1 Company
s� iews. •m .�i s wo •ur rwnw -_ -
MOTION: Councilman Clark moved, seconded by Henderson, that the Council up-
hold the Planning Commission recommendation and approve the application of
Shell 0i1 Company for Site and Design District Approval of Signs at 355
Alma Street, Zone District Z-3 and Z -3-S, utilizing plans entitled "Exhibit 8"
and "Elevation".
The motion passed on the following roll call vote:
Ayes: Berwald, Clark, Henderson, Pearson, Senar.
Noes: Beahrs, Comstock,• Norton, Rosenbaum
Palo Alto ?oto.UX4.1e-Minibike Park
Mayor Comstock asked Councilman Pearson to speak to this subject.
Councilman Pearson referred to a letter dated January 2, 1972 which she
had received from John Emanuelson, 1248 Harriet, Palo Alto. She said
that Mr. Emanuelson, Mr. Randy Espinosa, and several younger Palo Alto
residents had prepared a proposal for a Palo Alto motorcycle-minibike
park. Councilman Pearson stated she would like to see a staff report
on sound, size, site and control of such a park.
Mayor Comstock acknowledged receipt of a petition containing 180 signatures
in support of a motorcycle park.. This petition was circulated by Randy
Espinosa and David Stager. He also referred to a letter dated January 6,
from Bruce Lewenstein of the Youth Advisory Council, which stated that the
YAC approved the concept of such park, subject to further investigation.
YAC did not approve the exact plans as they were presented to them.
Mayor Comstock recognized John Emanuelson.
John Emanuelson, 1248 Harriet, Palo Alto, outlined his proposal for a park on .land that is at present part of the City's refuse area. He said
such a park could be administered by residents and all expenses would be
covered by those_using the facility, with a minimum cost to the City. He
said his idea had received the support of 180 signatures on petitions, in
addition to many people who had telephoned him. He wes at present en-
deavoring to arrange sponsorship of the park by a member of the private
sector.
Randy Espinosa, 2657 Cowper_. Street, spoke of studies made as a motor-
cyclist. He said there are two types of motorcyclists 1) thestreet
375
1/10/72
rider, and 2) the off -the -road rider and his group represents the off -road
weekend rider population in Palo Alto.
(Councilman Norton left the chambers from 9:52 to 9:55 p.m.)
Robert Hacker, 764 Garen Court, spoke against the idea of a motorcycle-
minibike pack. He said this proposal is illogical from an ecological
standpoint and expressed concern about the birds and animals, particularly
rare species found only in the Bay Area, in this marshland area.
Bruce Lewenstein, 3843 Middlefield Road, representing Wilbur Junior High
School, stated that this subject had been placed before the School Agenda
Council which consists of 15 elected officers of the school. These 15
officers voted against the idea of a motorcycle park. Their opposition
is based mainly on ecological reasons - they did not like the idea of
having a motorcycle park in Palo Alto. Bruce Lewenstein added that the
general opinion at Wilbur Junior High wag that such a park would not make
too much difference to the students.
MOTION: Councilman Pearson moved, seconded by Clark, that the subject
of a Palo Alto motorcycle-minibike park be referred to the staff for
preparation of a report to be retuned to the Council.
Further discussion ensued regirditfg receipt of input from YAC and other
groups.
Councilman Henderson expressed concern regarding any lia " Iity th.
might become involved in in setting up such a park and :;a= _f he wiu hope
such liability could be avoided.
The motion passed on a unanimous voice vote.
Nomenclature in the Charter
esignating Council Memberss�
Mayor Comstock invited Councilman Seman to address Council on this subject.
Councilman Seman said that recognizing that there will he at least two
Charter Amendments for the voters' consideration in the June primary
ballot, she wished to propose another Charter Amendment which would legally
recognize the presence of women on the City Council and add "Councilwoman"
as a term for common usage in the Charter language.
)TX -O- Councilman Seman moved, seconded by Pearson, that the City
Attorney be directed, to prepare ;fin -appropriate a..endment to the Charter
of the City of Palo Alto which will include in the nomenclature desig-
nating Counci`i members, the term "Councilwoman" (Article III, Section 2),
and that where a Council member is referred to as "he." or "his", such
designation will be changed to "such council terherse's "said counci.l
member", or similar language. --
Vice Mawr Dorton quoted from the Constitution of -the United States and
said that there are.50 references in this document using "he", "his",
etc. i:e expressed the thought that such documents as the Municipal Code
would eutc;raaticaiiy require amendment if this Charter change is adopted.
Councilman Seahrs stated that he would to against such an amendment to
the Charter on the basis that there are already too many different forms
and terms to divide people and this amendment would simply add a further
one.
376
1/10/72
The motion passed on a majority voice vote.
?etit.io7', for Under round Conversion
ro ast Greenacres 1 CMP.:133:2)
ir�iwr rr was ww�.
Mayor Comstock ackno .edged re -yip. of a petition from Daryl L. Dell,
President, Greenacces Improveme:a.. Association, 4244 Los Palos Place,
Palo Alto, requesting undergrounding of utilities in the defined area
and stating that 70% of the .•esidents of the area were involved in this
petition. He also acknowIed,>F_d receipt of the stafi. report prepared by
Mr- °J rren L. Deverel,-Managitag Director of Utilities.
MOTION: Councilman Pearson moved, seconded by Berwald, that the staff
be instructed to make a study to determine the extent of interest and
benefits to the City as required by rule 12-A and to establish logical
b uridar es for the districts to btu created.
ifl€ motion passed on a unanimous voice vote.
Oral Co:-'rmnications
Yayor Cc.:'.:ttoCk asked whether anyone :fished to address Council at this
rer.ber of the public s.-ishing to speak, Mayor Comstock
stated Council c• Auld adjourn to Executive Session.
Executive Session
Council met in Executive Session from 10:20 p.m. to 11:45 p.m.
Yr:11261aLimies..13ent
The meeting was adjourned at 11:45 p.m.
APPROVED:
A �i 1 E ST :