HomeMy WebLinkAbout09111972September 11, 1972
MINUTES
city of palo alto
The City Council of the City of Palo Alto met on this date at 7:40 p.m.
in a regular meeting with Mayor Comstock presiding.
Present: Berwaj.d, Comstock, Henderson, Norton, Pearson,
Rosenbaum, Seman
Absent: Beahrs, Clark
Minutes of Au uat 21 1972
Councilwoman Seman referred to Page 283, second paragraph, and re-
quested that this be changed to read, "Councilwoman Pearsoe outlined
the differeneee between the Ad Hoc Architectural Review Committee's
recommendations on one hand and the staff, Planning Commission, ar..d
Policy and Procedures Committee's recommendation on the other..."
Looking at cage 296, Councilwoman Seman also :toted thaton the ac:..w.:u
line of the fourth paragraph on this page, there should be a comma and
the word "the" inserted after "PPC°I so that this phrase reads. "...PPC,
the Housing Advisory Committee,..."
MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes
of August 21 -be approved as revised.
The motion possed on a unanimous voice vote.
Minutes of A�agi�st 2fi 1972
Councilwoman Seeman referred to Page 315, fourth paragraph, and noted
that the citizen who addressed Council was Mrs. Santa Gadea of 935
Webster Street and not Mrs. Alice Brown as shown.
MOTION: Mayor Comstock moved, seconded by Henderson, that the minutes
of August 28 be approved as corrected.
The motion passed on a unanimous voice vote.
Public Hearing: Vacation of a Sidewalk Easement
Between Garland Drive and Jordan Junior Hi h School
7EMR:4:
Mayor Comstock requested that the record show this is the time and
place set where and when any and all persons having objection to the
proposed vacation of the sidewalk easement from Garland Drive to the
Palo Alto Unified School District property known as Jordan Junior High
School it the City, of Palo Alto may:appear alod show cause way such
easement should net be'vacated; that the City. Clerk has filed an affie
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davit of publication of the notice of this hearing and has on file an
affidavitof the posting of the notice of such hearing as required by
law; that this matter was referred to the Planning Commission and has
been acted upon by i t . He asked the Assistant City Manager for his
report.
Assistant City Manager Chatles Walker stated that Mr. Bernard Pawloski,
Director of Inspectional Services. would report on this item.
Bernard Pawloski, Director of Inspectional Services. noted that on
August 4, the Council adopted a Resolution of Intention to vacate tle
easement. The Planning Commission considered this matter on August 30.
On August 29 the staff met with residents of the area and discussed
abandonment of the easement. He then showed slides of the easement
ill question and noted that at the meetings held with tae residents on
August 29 and the Planning Commission on August 30, there was both pro
and con discussion of proposed abandonment. The Planning Commission
has recommended to the City Council abandonment_ of the easement, and
guff has recommended Council consider total abandonment, leaving no
evidence of the walkway at this place.
Mayor Comstock asked Planning Commissioner Anne Steint if she had
Any {'urther commentz. Mrs. Steinberg stated that she had nothing to
add to Mr. Pawloski's remarks.
Mayo. Comstock acknowledged receipt of the staff report, the resume of
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August 30, and letters received from Mr. Fred Kunkel, 765 Garland Drive;
Mr. A. S. Hedinger (copies of correspondence with the City of Palo Alto
of March 25, 1965); and a petition submitted by Mrs. James. C. Martin,
769 Garland Drive, representing forty-seven people, or twenty-six
houses on Garland Drive and the adjoining block; on Ross Road and one
on Louis Road. Thic:aetition urged abandonment of the easement.
Mayor Comstock declared the public hearing open.
Frank E. Seeley, principal of Jordan Junior High School, reviewed the
reasons why the neighbors on Garland Drive feel --anxious to have this __
walkway removed. He spoke of past truancy problems with students,
vandalism, and he noted the walkway as it presently exists provides
easy access for nonstudents.
Mrs. C. E. McEwen, 753 Garland Drive, said she wished to reiterate her
remarks made at the Planning Commission meeting and recorded in the
minutes of August 30. She would add, however, that tonight it mcy be
urged that last year was a uniquely bad year, because of the presence
of one particular household on Garland Drive. She said that particular
household is no longer there, but the problems with the walkway would
have existed had that family lived anywhere else in the city.
Mrs. Katharine J. McCann, 783 Garland Drive, stated that she wished to
repeat her comments made before the Planning Commission'on August 30
and also to point out that there is a driveway betweenX24 and #251
(at the end of Ross Road) which is sbmetiwes used by students. Sht
said she felt that closing the walkway and changing the patterns of
students would be a good experience.
Paul. H. Malnati . 757 Garland Drive, said he has rented this home for
one year and has experienced a problem of people using his front yard
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as a place to have lunch or smoke. He noted that they have also experi-
enced people hanging around at odd hours.
Fred Kunkel, 765 Garland Drive, referred to his letter to Council dated
September 6: 1972, and emphasized (1) neighborhood opinion, (2) school.
security, (3) safety. He said he wished to stress the safety aspect,
as use of this walkway by nonstudents presents a hazard to students and
residents alike. He also mentioned that even with barricades there is
continuing use of motorcycles in the walkway. The easement was closed
once before for one year and the closure did not result in increased
fence jumping, which seems to be a fear of sore residents.
Hrs. Winifred Mihalov, 161 Garland Drive, said she could agree with
closing of the easemese. in the short run, but in her opinion closing on
a permanent basis will be a s.,:i occasion. M::ny of the children are
dropped off there by car. She said she gees the closing as a means of
imposing more restrictions on the children who are trying to teach us
ell whet a fre=er world is. 3t le Tragic to respond to the young 2eopie
with another fence.
f4 vor Co:.stock decl:rced the public hearing closed and said the natter
was row before Council.
MOTION: Ct- ncilti:r_•;-2n Pearson introduced the following resolution and
coved, seconded by Hendersoil, its adoption: -
RESOLUTION NO. 4e48 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO f DERING THE VACATION OF AN EASEMENT BETWEEN
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Vice Mayor Norton commented that there is a similar alley behind Garland
School. He asked whether Council could expect a request for abandonment
of that easement and whether staff had heard of similar problems exist-
ing at this lecatfon.
Assistant City Manager Charles Walker reponded that staff was not aware
of any particular problem with that easement.
Responding to a question from Councilman Rosenbaum. Mr. Walker explained
that posts were situated at one -e of the Alley -to -slow -down -bike riders
who would exit too swiftly onto Garland Drive.
Mr. Fred Kunkel responded further to Councilman Rosenbaum regarding the
posts and confirmed that these were installed for bike riders' safety.
Coureeilman Rosenbaum asked whether there had been any significant efforts
made to involve the students in this situation and to improve the behavior
of students who use this walkway.
Mr. Seeley responded that last year was a particularly bad year, and
there were two cr three meetings with local residents and students,
resulting in some improvement. He commented that -students are not
capable of resolving all of the problems connected with this walkway
and ere not willing to assume responsibility for behavior of other stu-
dents or nonstudents. etc. using the walkway on week -ends and evenings.
He said many students fear reprisals for such actions:
Councilman Rosenbaum asked whether the student government could not be
helpful in this kind of situation. Mr. Seeley said this body has dis-
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3/11/72
cussed several topics but not the situation at this walkway during
the last year. He said the School District is considering new kinds
of student involvement in student gevern:eent, etc.
Councilman Rosenbaum said he was inclined to agree with Mrs. Mihalov
that closing of this walkway will be a sad occasion; that he would
like to find some other solution rather than closing what is a con-
venient access to the school. He realized that there have been pro-
blems for several years but felt he would like to give the students
one more chance. He suggested that now the Council has held the
public hearing, and the public hearing has been closed, the Council
hold this utter in abeyance and place it on an agenda for action and
adoption of the resolution at any time it is deemed necessary. He
said he would like to see the City wait a Tonth or two and see if it
is possible to improve the behavior of those using tee walkway. As
a resident living closeby, he personally would be willing to stop by
and examine the situation himself, and if it is not going well, then
he would be in favor of Council taking action to abandon the easement.
MOTWN: Councilman Rosr.nbau~: roved, seconded by Norton, that the
question of va:ation of an easement between Garland /)rive and Jordan
Junior High School be conrinuert for an indefinite ve i _`d.
Councilman Eerw ld said he had some of the same reservations Council-
man Rosenbaum had indicated. and he hoped that the possibility sug-
gested by Councilman Rosenbaum could be realized. He felt the rnro-
blem is much .larger than sir -ply ciczur of a path. it is a problem
of student behavior. -e noted that the walkway is convenient. He
favored Councilman•. Rosenbas l's suggestion to continue this natter and
added he was amazed by some of the comments rade tonight concerning
student response, which he considered to be a comment on the response
of the adult community. He said he thought the school eight be able
to take some steps to control what goes en on the school grounds.
Councilman Berwaid also commented that in his neighborhood there are
several pedestrian/bikeways pathways, and there have been problems,
hut the problems have been solved by several actions taken by the
neighborhood, the school, and city actions. He would, therefore, he
said, support continuance as suggested.
Mayor Comstock stated that he was agafnat ehe motion to continue_ . He
commented -on rr. Seeley's remarks and safd that in his opinion, Mr.
Seeley was saying that the students have limitations on what they can
do, and they do not have the power or the authority to solve all of
the problems themselves. Their actions are limited to persuasion or
peer -group pressure. The students as well as the neighbors are vic-
tims of a badly designed traffic circulation device which aggravates
problems. Mayor Comstock added that the comments made this evening
are not a slur against the student body, and he would urge Council to
vote against continuance and take action to abandon the easement.
Vice Mayor Norton said he vas reluctant to abandon City property ir-
revocably without clear or good, rem ons. He would prefer abandonment
on a trial basis, and Council can see later whether they would wish to
reinstate the alley._ If Council takes final action tonight, there is
no possibility for rethinking. He noted than. Caere has been very little
input as to the benefits this walkway provides for many school children
,going to Jordan who use the pith as a daily matter and consider it a
convenience, Vice Mayor Norton added that he liked the idea of students
indicating their feelings in a formal tanner,.perhapa through the atu--
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9/11/72
dent body group, and he would favor continuance for say our months
from now with a staff report to be returned to Council at that time.
Councilwoman Semar spoke against continuance and said she agreed with
the comments made by Mayor Comstock. She said in her opinion it is a
ratter of convenient custom vs. traffic: safety, bicycle safety. and
the safety of students and residents on one hand, and the problem of
vandalism on the other. She thought it better to take action now to
vacate the easement.
Councilman Henderson said the evidence he has heard shows that this is
a situation that should have been handfed a long time ago. He would
support vacation of the easement now_ He noted that he had read a
student's comment that this is a backhanded way of handling the situ-
ation, and he said he wished to note that this actirn was not a slur
on the students and in no way a general indictment c f Jordan students.
He was therefore opposed to the motion to continue.
Councilman Berwald suggested that the motion to continue state a period
of four months. Councilman Rosenbaum and Vice Mayor Norton said that
they would agrFF. t_ :�
d�.c �:ocio.: S stating Lontindad to a date four
months' hence.,'
The motion to cor:tinue to a date four months' hence -failed on a major-
ity voice vote.
The resolution ordering vacation of the easement was adopted on a
maiority voice vote.
Olive -West Meadow Traffic Control (CMR:437:2)
Councilwoman Pearson reported the Policy and Procedures Committee's
unanimous recommendation that the barriers as designer in the last
system be Installed permanently and more aesthetically and that a
stop _sign be installed at the intersection of Birch and Fernando.
She caned Council's attention to a report from City Traffic Engineer
Ted Noguchi describing alternative methods of accomplishing this pro-
ject.
MOTION: Councilwoman Pearson moved on behalf of the Policy and Pro-
cedures Committee that the present barrier system as designed for the
Olive -West Meadow neighborhood be retained and staff be directed to
install permanent and more aesthetic barriers to replace the current
temierary barriers:
The -Motion passed on a unanimous voice vote.
MOTION: Councilwoman Pearson irtrcdwed the following resolution and
moved, seconded by Comstock, its adoption:
RESOLUTION NO -4649 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO AMENDING RESOLUTION 4291 (CITYWIDE STOP INTERN
SECTION Sti STi)1 AND MAP) BY ADDING THERETO A STOP SIGN FOR SOUTii-
SOUND TRAFFIC ON BIRCH STREET AT THE INTERSECTION OF BIRCH STREET
AND FERNANDO AVENUE"
the resolution was adopted on a unanimous voice vote.
MOTION;- •Counellwcrosan Pearsoti moved, seconded by Seaman, that staff be
directed to adopt Alternate A whitlh is tha the engineering design be
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9/11/72
done by a consultant and construction by outside contract, to be com-
pleted by November 15, 1972, at a total estimated project cost of $8,100.
Councilman Henderson commented that he favored Alternate A but was
curious if the reason for having to 'o to Alternate A was the work
load now imposed -on the street division crews. He wondered if there
would be any saving or if it would be feasible -that the engineering
design would be done by city forces and construction be by outside
contract .
Assistant City Manager Wailer responded that it is a matter of dollars
vs. time. There would be a saving of money having the current staff
undertake the work, but at the same time the work load of other pro-
jects would require this project to be delayed or that others be de-
layed in its behalf. The same applies for engineering as well as for
construction.
• The motion passed on a unanimous voice vote.
Order of Business on Council Agendas
ime
Councilvuinan Pearson reported the Policy and Procedures Committee's
recommendation as stated in the minutes of August 22, 1972. She said
one of the problems is that sometimes there are very .lengthy Council
agendas, and Council finds itself with one issue taking a great deal
of time, a_td if it is desired to move up an item involving a lot of
people, it takes a unanimous vote of the Council to accomplish this..
She said that she would personally favor that this be changed to state
"majority," because she felt it should be as easy as possible to move
items out of order. In view of the committee's recommendation that
the ordinance state "two --thirds of the Council members present," she
said she would move the ordinance.
MOTION -Councilwoman Pearson introduced the following ordinance and
moved, on behalf of the Policy and Procedures Cor ittee, its approval
for first reading:
"ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALT( AMENDING
SECTION 2.04.060 OF THE PALO ALTO MUNICIPAL CODE CONCERNING
THE ORDER OF BUSINESS ON COUNCIL AGENDAS" (second reading
-9/25/72)
Councilman Henderson stated that he would favor a majority vote of
Council to cove an item forward. He felt that Mrs. Kinderman's ques-
tion to the Policy and Procedures Committee was not answered clearly
in the committee minutes. The main point was that if the meeting is
adjourned without completing the agenda, a person wishing to speak
under Oral Coamiunicationa has no opportunity to do so that evening.
He wondered. whether the committee felt this to be a separate topic
or wes the question discussed.
Councilwoman Pearson said it was discussed briefly. Mrs. Kindernian
would like citizens to have the opportunity to address Council before
any meeting is adjourned. The coranitcee -felt that if Council is ad-
journing the meeting, it is usually because of the late hour. Committee
members also feltifa meeting is going to run that long, it should be-
come obvious to all present. that Oral Communications will not be reached
that night. If the agenda is continued to the next meeting, there will
3.3 0
9/11/72
be opportunity et that meeting to have two Oral Communications. The
committee also felt it was charged to discuss the subject of moving
an Item out of order on the agenda, as raised by Vice Mayor Norton
and referred to it by Council.
Councilman Henderson commented that technically Oral Communications
could be brought forward by vote.
MENDMENT: Councilwoman Semen moved, seconded by Henderson, to amend
the ordinance to change the word "two-thirds" to "majority," as the
required vote for moving an item out of order.
Councilwoman Semen said that while she is sympathetic to the notion
of two-thirds as recommended by the committee and grateful to have it
changed from unanimous to two-thirds, the reason she felt keenly about
not having it two-thirds but a majority is more a matter of principle
than a matter of substance, because using the stringent unanimity now
required to bring an agenda item forc�ardi, it 3s always by -might forw.,ra,
She said she feels that the concept of a supermtjority is less then
fair and equitable because what happens with a supermajority is that
the will of the Council is expressed by a minority.
Councilman Rosenbaum commented that there are provisions in Roberts'
0
Ruiec of Ord.-__ for
_•.�....v v> viv.ca for
two-thirds vote. The agenda is published in a
certain order, and members of the public can anticipate approximately
when to arrive for an item of special interest to they. He said he
was opposed to the amendment.
Councilman Berwald pointed out that unless the minutes are in error.
the motion including the two-thirds provision comes to Council as a
unanimous recommendation of the Policy and Procedures Committee. There
are times when whim or some other pressure should be resisted in chang-
ing the order of a meeting:that is by definition an orderly meeting
and run by rules of order. He did not agree with Councilwoman Seman"s
statement that a minority decides. A larger majority decides. This
protects the person who comes to the meeting believing he is going to
be able to speak to a certain item and finding'he is not going to be
able to speak because he has been pre-empted by a vote of the Council.
The agenda is made up in order as the items appear, and he said he
felt Council should strive not to change it except for a very good
reason. He supported the two-thirds provision, as recommended by the
committee.
Mayor Comstock commented that he would support the amendment. It is a
two --way street. Council doesn't ►geed a two-thirds vote to delay some-
thing, and it is the same process. Sometimes items are delayed because
people who are coming arrive late. Council has only a certain amount
of ability to control the timing of when items on the agenda come up.
He said he certainly agrees that there is exposure to getting something
up earlier -on the age:tda because a lot of people are there, but he
felt the amendment offered an improvement which was quite consistent
with the vote required for most of the business conduc-ed by Council.
Councilwoman Pearson noted that she did offer an amendment in committee
to insert "majority" but that it died for lack of a second.
Councilwoman Semen stated that she thought Councilmen Berwald and
Rosenbaum had made some excellent points but that one of the najot
great thiegs about the City Council is that it is extremely visible,
331
9/11/72
and the will of the Council must be at all times visible to the com-
munity. If Council walks over people's rights, Council will be takes
to task for it.
The amendment passed on a majority voice vote.
Councilwoman Semen commented that in the ordinance (Section 2.04.060,
Order of Eu iness) there ale twelve items of the agenda from (1) roll
call through (12) adjournment. The tenth items is called "written come
munications," and there has always been a problem with this term -ap-
pearing on the Council agenda. There are two possible solutions:
(1) to insert the word "governmental" before the words "written com-
munications." This alternative was suggested by the City Clerk in
her memo to the Mayor of December 13, 1972. (2) To work out a pro-
cedure whereby citizens who so wished could have a written communica-
tion placed on the agenda, just as they ha<<e the procedure for oral
communication now. There are a lot of prok?ems connected with such
a procedure such as lengthy agenda, citizena wishing to communicate
with Council and not have their letters agendieed, confidential mat-
teta, etc. Shs said she would like `co see the Policy and Procedures
Co ittee study this natter.
Mayor Comstock stated he did not believe this was the appropriate .Are
to consider this matter, tJ cause it is not part of the ordinance under
consideration.
Councilwoman Serzan stated further in connection with the ordinance, she
would like to rake the point that she hoped that the Mayor would make a
point of adding the date of the next meeting when stating a motion to
adiourn a neeting.
Councilman Rosenbaum said he had a question on SECTION 2, Item (c).
When an item on the agenda is continued, it will be listed under
"unfinished business" unless the Council by majority vote chooses to
place such item at a' different location on the agenda. An item has
a certain character. What procedure would Council follow?
.'(ayor-Comatock responded that as he understands this, a Planning Com-
mission item, for example, if it is continued normally, will show up
as "unfinished business." The suggestion here is that if Council,
by specific motion continues that item to "Reports of Comaittees and
Planning Commission," it will then appear under category (4) on the
meeting date to which it was continued. That is what the effect of
this change is.
Councilwoman Pearson said Mayor Comst;ock's summary was in agreement
with what she understood the committee's intent to be.
City Attorney Stone clarified that an item can be continued, and if
nothing else is said, it would be placed under s'unfinished.business."
If Council wishes not to put it under "unfinished 'business','! it can
be placed anywhere Council chooses to state in the motion. eIf it is
a Planning Commission item, the Council may wish to place it under
Planning Commission items, and the continuance motion should so state.
Councilman Henderson said he thought Councilwoman Serran and City Clerk
Tauner raised a valid point on Item 10, and he would move that the
word "governmental." be added in front of "written communications" as
an amendment to the ordinance.
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9/11/72
caittee talked about what wa3 referred
items on the agenda.
Mayor Comstock said that could be taken up at a later date.
The ordinance, as amended, was adopted on a majority voice vote.
MOTION: Councilwoman aeman moved, seconded by Comstock, that the
matter of written communications be referred to the Policy and Pro-
cedures Committee for consideration as to whether it should be handled
by inserting the word "governmental" or developing a procedure where-
by written communications from citizens can also appear on the agenda.
The motion passed on a unanimous voice vote.
MOTION: Councilwoman Semen moved, seconded by Comstock, to refer to
the Policy and Procedures Committee her proposal that after Item (c) on
the ordinance, Item (d) be added which would read, "When a Council
meeting is to be adjourned before completion of the agenda, oral com-
munications shall precede such adjournment."
Councilman Rosenbaum commented that as he understocd Mrs. Kinderman,
she was worried that oral communications of the adjourned meeting night
disappear from the agenda when it is resumed at the next meeting. She
wanted ro take sure that oral cmmunications came up early in the
following meeting. He said he didn't believe the committee ever tool:
any time to cz,msi 1 r .,hether or not oral communications night occur as
suggested by Councilwoman Semen_
Councilwoman Pearson commented that she felt it was appropriate to send
.Z; thp Poiicv and Procedures Committee for discussion. The com-
*f=Q rsrder of
'
The motion to refer passel on a majority voice vote.
Door -to -Door Sales and Sol.icitat'ons
Councilwoman Pearson stated that the Policy and Procedures Committee
found this to be a very complicated subject in trying to decide how to
protect the privacy of citizen and not infringe on rights which are
protected by the fifth amendment. Councilwoman Pearson reviewed the
proposed ordinance and explained some of the committee's rationale.
She said in addition the committee is asking Council to direct the
staff to prepare an ordinance regulating d(mer-to-door solicitations
of information for commercial purposes, such as the Polk Directory,
and to submit a report to the committee concerning those solicitors who
are now exempt from the fee requirement.
MOTION: Councilwoman Pearson introduced the following ordinance and
roved, cn behalf of the Policy and Procedures Committee, its approval
fcr; first reading:
" ORDf` NCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING
SECTION 1.08.110, SUBSECTIONS (d) and (e) TO SECTION 4.10.050
AND SECTION 9.44.030, AND AMENDING SI?BSECTION (c) OF SECTION
4.10.050 MW SECTIONS 4.30.010 AND 9.44.020 AND REPEALING
CHAPTER 9.04 OF THE PALO ALTO MUTN IC IPAL CODE R}' . DOOR--TO-DOOR
SALES AND SOLICITATIONS AND MAKING OTHER TECHNICAL CHANGES"
(second reading 9/25/72)
The ordinance was *Waved for first reading on a unanimous voice vote.
3 3 3
9/11/72
MOTION: Councilwoman Pearson moved, on behalf of the Policy and Pro-
cedures Committee, that staff be directed to prepare an ordinance
regulating door-to-door solicitation of information for commercial
purposes.
The motion passed on a unanimous voice vote.
MOTION: Councilwosrtau Pearson moved, on behalf of the Policy and Pro-
cedures Committee, that staff be requested to submit a report to com-
mittee en how to require a permit of those solicitors who are now
exempt from the permit requirement in the City of Palo Alto, such report
to include any alteration in the fee structure as necessary.
The motion passed on a unanimous voice vote.
Manner of Makin Ap ointments to the •lannln
Limn
.... w�� w.o r sirr �
Commission and Human Relations Commission
-MOTION: Councilwoman Pearson introduced the following ordinance and
moved, on behalf of the Policy and Procedures Comm t tee, its approval_
for first reading:
'ORDINANCE OF THE COUNCIL OF THF. CITY OF PALO)) ALTO ADDING
SECTION 2,20.015 AND SECTION 2.22.015 TO THE PALO ALTO
MUNICIPAL CODE TO PROVIDE FOR THE MANNER OF MAKING APPOINTMENTS
nt .1.Nfl G nn�n iSsit)N Reis "s�.: s PI_ AT iii�-:� i ir-MTSSTON
IV THE rLrf��nuw �.w:a..a.�..-ate,.. ...�... ...__..__ ____ __.
(second reading 9/25/72)
The ordinance was adopted on a unanimous voice vote.
(The Council recessed from 9:20 to 9:43 p.m.)
Application of Stuart Leeb for
.. to and Desie District Approval,
2450 Embarcadero Wa ( R:442:2)
Councilwoman Pearson commented that when she looked at the plans sub-
mitted to Council, they shared a lawn with sprinklers out beyond the
sidewalk line. She called the Planning Department to find out whether
or not there was going to be a sidewalk. She felt plans submitted to
Council should be correct. She also questioned the planting in this
area. She felt that flowering plum and liquid amber were not indige-
nous to the area, and she questioned the use of rye grass.
Planning Commissioner Ante Steinberg stated the reason the rye grass
was proposed was that it would be more natural looking with the open
space next to it.
Planning Director Enox said that the normel procedure is to accept
drawings from the applicant based on a planning professional's advice.
Comments are received from other city departments, and this item
requires compliance with the require-oents of the City Engineer.
Fe said that his advice in the past has been that this level of detail
is not to be included in the recommendation. Also developers have not
been required to take the time to change their drawings. He said he
understood that Mr. Clantville was advised by the Planning Cormission
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9/11/72
that every effort should be made on the part of the city staff to assist
applicants and not to impede their progress or make it difficult for
them.
Councilwoman Pearson responded that this did not satisfy her. She said
she felt this was a misleading drawing, because it implies that there
is going to be a lot more landscaping, and as she read the minutes
there were other little things the developer wanted to be axle to do.
Mr. Knox said that he thinks there are problems with the procedures
that are now used, and he hoped that the ordnance for architectural
design and review will be helpful in this respect.
Councilwoman Pearson asked about the plantings.
Planning Commissioner Anne SCo..verg said that the staff had recorn-
nx nded ivy or ice plant, but the Planning Commission felt that since
it is going to be near -open space, rye grass would be better.
Councilwoman Pearson referred to a book that was being used that says
what plants are appropriate in the Baylands. She felt that liquid
amber and flowering plums are not appropriate and will lcc t strange there.
Mayor Comstock responded that he understood the guidelines are not
being followed except on county lease lands.
Planning Commissioner Steinberg said that she agreed with Council oman
Pearson that the staff or the commissioners should have this kind of
Them i na_ ii-iri�rt (:r."r ri%�� it. ii i�v �,ir%riti th
commission in the right direction, but she was not present at this
meeting.
Mayor Comstock commented that he would think that without Council
direction it would be possible for the staff and Planning Commission
to develop guidelines for other areas. The sense of the direction of
the Council in that regard is clear. It may not be the case here,
and Council will have to decide what to do about the recommendation
before it. He then asked City Attorney Stone in term of dealing
with the recommendation, if Council were to desire to hale review of
the plantings, what would be the best mechanism.
City Attorney Stone responded that if Council has specifically in mind
certain desires with respect to the planting design and materials, it
can approve the site and design control application subject to that
criteria which the Council lays down. Council may also continue the
ratter with request to applicant that those desires be taken care of
by improving those plans before Council. Third, Council may return the
natter to the Planning Commission for proceedings not inconsistent with
Council's comments this evening.
Councilwoman Pearson said she would not'Ilika to send this back to the
Planning Commission, but if there is someone on the staff who can deal
with the plantings, she thought -Site and Design Distract approval should
be given with the proviso that the developer use plantings appropriate
for the Baylands.
:fir. Knot said that if Council -wished to return this to the planning
staff, they could hire a landscape architect to review then a plans.
lie said he thought it should also be worked into the architectural.
design .review.
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AMENDMENT: Councilwoman Pearson moved, seconded by Berwal_d, that the
notion be amended to state that the plans submitted should be subject
to review by the staff vis=a -vie consistency with native materials in
the Baylands.
Councilman Ben:aid said that if staff can do this without having to
come back to Council. he thought that would be a good idea. He said
he thinks the City needs a landscape architect on the architectural
design review committee.
The motion as amended passed on a unanimous voice vote.
Re nest for Oraa Communications
MOTION: Councilwoman Sep an moved, seconded by Pearson, that oral
communications be heard out of order at this time.
The motion failed on a majority voice vote.
Resolution Commendin, Los Robles Galleries
oz i ni leant AeSt etic and rch
. itectural
ontr i unions to tbP _C:i tv_
MOTION: Councilman Rosenbaum introduced the following resolution and
roved, seconded by Norton, its adoption:
RESOLUTION NO. 4650 ENTITLED "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO CCMMENDING THE OWNER OF LOS ROBLES GALLERIES
FOR SIGNIFICANT AESTHETIC AND ARCHITECTURAL CONTRIBUTIONS TO
THE CITY"
The resolution was adopted on a unanimous voice vote.
Resolution Commendin the Owner of London House -
n s eaura oom or i nl leant Test et c as
rc ct te qtr - ut oars Co Le tv •
MOTION: Councilwoman Pearson moved, seconded by Semen, that the pro-
posed resolution commending the London House -English Tea Room be re-
turned to the Planning Commission with t':e thought that the Planning
Commission review and comend other sites in the downtown area.
Planning Commissioner Anne Steinberg responded to the motion stating
that these two commendations were the first two, and although the
Planning Commission realized there were other sites worthy of mention,
it was felt that such an award system had to start somewhere.
Courmi Iman B rwald stated that he had no objection to the two resolu-
tions before Council this evening, but he had serious feelings about
the Planning Commission as a group making recommendations on such
things. He said he could see the possibilities for conflicts here,
and he would rather refer the matter to staff for the architectural
design review committee to work out a procedure.
i.e referral motion failed on a -majority voice vote. -
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MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Berwald, its adoption:
RESOLUTION NO. 4651 ENTITLED 'RESOLUTION OF THE COUNCIL OP THE
CITY OF PALO ALTO COMMENDING THE OWNER OF THE LONDON HOUSE -
ENGLISH TEA ROOM FOR SIGNIFICANT AESTHETIC AND ARCHITECTURAL
CONTRIBUTIONS TO i'HECITY"
The resolution was adopted on a unanimous voice vote,
Mayor Comstock recognized Mr. and Mrs. Douglas Barnes, owners of the
London House -English Tea Room in the audience and asked they: to step
forward to receive a copy of the resolution.
Beautification Fro osal for t"te University
:.venue us rises District: aFra^ework C�IR:-�39:2)
Mayor Comstock acknowledged receipt of the staff report and said that
this gives tile proposed action, as recommended by the' staf f .
MOTION: Councilman Berwald moved, seconded by Henderson, that the
Council (1) approve the August 4 framework as originally presented;
iglc -ri?^t the staff to continue with item #3, pcl,ries and objectives.
and return to the Council after Planning Commission ar.d community
�_t_� : ct;
review. (2) Thai there be no Lrcinuiitvi}r' ia;:motaa�.aatta��t pave=.�.w, rather
emphasis should be placed on having well -illustrated design concepts,
and preliminary design drawings of the total treatment and its indi-
vidual elements, with the design consultant to provide prototypes of
any new, untested elements he proposes.
Mayor Comstock noted that this is the first of a series of steps;
however, he said he hopes that the University Avenue merchants and
the staff, as they continue to work on this program, will not get
boxed in to a certain concept and that flexibility for each block will
be maintained.
Councilman Rosenbaum stated that he was favorably inclined towards a
demonstration project as discussed by the Planning Commission.
AMENDMENT: Councilman Rosenbaum roved, seconded by Norton, that the
notion be amended to add a demonstration project as recommended on
.august 9 by the Planning Commission.
Councilman Berwald stated -that he would not be in favor of & demon-
stration project, becauFe it woul take another eight to nine months
and would dean the C ty was back where it was many months ago. He
said ate would favor the staff recommendation and that a demonstration
element will simply delay this whole project.
City Manager Sipel said staff's comments regarding a demonstration
project are contained in the report, and he would only add that he
thought that the quoted six- to ten --month delay would more Itkely be
twelve to sixteen menthe. It would certainly not take less than a
year with a demonstration element. Additional cost should also be
considered and the evaluative criteria which would be used to determine
-hether the demonstration project is successful. He said he was not
sure what would be accomplished by adding a demonstration project to
the propesal.
Councilman Berwald commented that tonight's action would not foreclose
the possibility of at demonstration project.
Jim Steele, 578 University Avenue, stated that he strongly supported the
beautification project and the downtown merchants are willing to hire a
consultant for the on --site beautification. He urged Council to "do
it now.".
The amendment failed on a majority voice vote.
The emotion adopting the staff recommendation passed on a unanimous
voice vote.
Mayor Comstock recognized Mr. Scott Carey and Mr. Arnold Vezzani who
had requested to speak cn Downtown Beautification.
Scot Carey, 150 University Avenue, stated that the Downtown Merchants
have hired Spencer, Lee, and Busse as their consultants to work with
the City's consultant. He urged the Council to make a decision whether
the City will hire a consultant or have the city staff go ahead with
the work. He requested, on behalf of Downtown Palo Alto, Inc. that
Council go ahead a quickly as possible.
Arnold Vezzani, 950 North San Antonio Road, Los Altos, speaking as a
member of the Board of Directors of the Palo Alto (Member of Commerce,
reiterated the Chamber's stand re downtown beautification and said that
this p.o6,.«a is long overdue.
Vacation of Two Public Utility Easements--
. oc. a.ng it }1i Su i•:isicn C.MR:-►
rs.,:iem: - tiayor COMSCOCK - c.ntrooucea me -following resolution and woven=-
seconded by Pearson, its adoption:
RESOLUT IO3 . NO. 4652 ENTITLED r'RESOLUTION OF THE COUNCIL OF THE
CITY OF 17'1,0 ALTO DECLARING ITS MENTION TO ORDER THE VACATION
OF TWO EASEMENTS AND SETTING A PUBLIC :BARING THEREON'
The date of the public hearing to be inserted in the resolution is
Tuesday, October 10, 1972.
The resolution was adopted on a unanimous voice vote.
MOTION: Mayor Comstock coved, seconded by Pearson, that the matter
of the vacation of two public utility easements --Mockingbird Hill
Subdivision, be referred to the Planning Commission for review con-
sistent with the requirements of the state goverment code at their
meeting of September 27, 1972.
The motion passed on a unanimous us voice vote.
Prue Abuse Control Prosramr--Residential
Treatment Center Site (048:444:2)
MOT/ON: Councilwoman Sew moved, seconded by Pearson, to refer the
subject of the Residential Treatment Center site to the Planning
Commission.
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9/11/72
Jane Hiatt, 159 Emerson, staff member of PACDAB, stated that she would
recommend that the subject of 851 University Avenue as the site for
the Residential Treatment Center he referred to the Planning Commission.
The motion to refer passed on a unar•imot:s voice vote.
Councilman Berwald raised the possibility of staff's exploring City
acquisition of part of the property in question. City Manager Sipel
responded that this would come as a later step.
Claire Smith, 665 Lytton Street, addressed Council and requested that
oral communications be heard at this time so that those interested in
the drug abuse program could speak. She suggested that the Council
adjourn the rest of the agenda.
Mayor Comstock responded that Council's earlier miotion and action re
oral communications still hf 1d.
Resolution Declaring k'eeds to he a nce (CM :4 29:2)
MOTION: Mayor Comstock introduced the following resolution and !novec,
seconded by Berwald, its adopt -:en:
RESOLTUION '.0. 4653 ENTITLED 'RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO DECLARING ', EDS TO BE A NUISANCE AND SETTING
A HEARING"
The hearing date was set for September 25, 1972.
The resolution was adopted on a unanimo s vole e vote:
Williamson Act Aulsallui,preserves
Mayor Comstock acknowledged receipt of the City Attorney's report
dated August 31, t972, which Is a progress report relating to the
eventual establishment of land conservation contracts under the
Williamson Act and within the City of Palo Alto.
MOTION: Mayor Comstock moved, seconded by Berwald, that the staff be
authorized to present proposals for the establishment of agricultural
preserves in the appropriate zoning districts and to make applications
for Williamson Act treatment for El Camino Park at the appropriate
time.
The motion passed on a unanimous voice vote.
Sound Abatement Alow Freeways and E'xvreasways
Mayor Comstock acknowledged receipt of a report dated September 7
compiled by Council members Pearson, Berwald, Henderson, and Semen.
MOTION: Councilwoman Pearson moved, seconded by Henderson, that the
Council direct staff to study leans of abating noise in Palo Alto from
freeways and expressways, including possible installation of walls,
end report recommendations to Council.
The motion passed on a unanimoua voice vote.
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9/11/72
Oral Conunications
isimerazonsfawswa
1. Claire Smith, 655 Lytton Street, read a statement on beha.f
of the collective staff of the Palo Alto Community Drug Abuse Program
regarding a police atter-pt to search the facilities at 418 Ramona and
stated that the staff feels that such actions constitute real and
potential danger to the effectiveness and continuance of the drug
abuse program in Palo -Alto; requested protection from further viola-
tions of City Council policy and the U. S. C&istitution, and also that
charges be dropped against Mike Fox.
Mayor Comstock responded to Claire Smith and asked that a written copy
of the statement be filed with the City Clerk. He said he was going to
request that it be referred to the City Manager's office for a report
to the Council, because no one knows really what is being talked about
here, and a response is necessary.
2. Jane Hiatt, 159 Emerson, member of the staff of the Community
Drug Prevention Center, announced that on Saturday, September 16, at
3:00 p.m. there will be an open house at 418 Ramona, and she wished
to extend an invitation to the City Council, City staff, and all of
the people of Palo Alto to attend and to bring a donation ir: the form
of some kind of furniture which could be used in the Palo Alto Com-
munity Drug Abuse center.
3. Mike_ Fox, 3381 Park Boulevard, described the incident which
occurred at the drug center tonight involving Offi er Sparaco and
himself. He asked for a complete investigation of the citation he
received for failure to identify himself and requested the Council to
reiterate its policy to all agencies in the City that they are not to
go through the door of the drug center unless they have a legal search
warrant.
Mayer Comstock responded to Mr. Fox that he could not comment until
the City Manager's report has been received, and he said Mr. Fox's
_neiComp pin _h furred t.. r:.____rel ___ t - lie
},irast_.rp _ Y,. �..- �>.c: i .,1i�+_C urpx. cmenL ts?O.
4. Charles Schulz, 740 Seale Avenue, Palo Alto, umber of PACDAB,
said that PACDAB has not had an opportunity to investigate the inci-
dent and find out exactly what occurred
theca have some ideas about what happened. He said he wished to em-
phasize as a member of the board, that the board has not had a chance
.to give this matter attention, and he believed the board, Council,
and staff working together will find a good solution to the problem.
5. Bruce Franklin, 1969 University Avenue, spoke of the incident
described this "evening and some of the implications of it. He recalled
earlier incidents and said he was present representing Venceremes or -
f ,anization, because one of their comrades was arrested and subjected
to what they would call kidnapping if it were harried out by a private
citizen. He said if the C,euncil did not take appropriate action, that
leaves the , people as the ones who will have to take the necessary steps
to correct these things.
6 Bruce Pollock, 312 O'Keefe Street, Menlo Park, laid he used
to live in Palo Alta and has spent a lot of time in downtown Palo Alto.
He spoke of police surveillance and said the incident this evening was
very distressing. He said if the City Council can't control the police,,
then the people will find it necessary to do it themselves.
1
340
9/11/72
Mayor Comstock addressed City Manager Sipel and said it was his under-
standing that the complaint is now in the City Manager's hands. He
asked Mr. Sipel whether he needed a specific motion referring the com-
plaint to him.
City Manager Sipel said he did not feel that was necessary. He felt
the comments made this evening fall directly within the purview and
responsibility of the City Manager and the Chief of Police, and their
understanding of Council's policy with regard to the drug prevention
program, drug board, and drug facilities is very clear. He said he
felt it was their responsibility at this point to review the matter
thoroughly with all of those who wished to talk to them and return
with a report and recommendation or a report as to the actions that
have been taken.
Mayor Comstock asked those who have spoken or who have an interest in
this matter to contact the City Manager's office in the next day or
so,
Mike Fox addressed Council again and said he felt it was impossible for
him to speak about the incident unless the charges were dropped, si,tce
he was subject to criminal prosection at this point. He asked for the
charges to be dropped as speedily as possible.
Heer,in of Se tember 18 Cancelled
Mayor Comstock announced that since Monday. September 18, is a Jewish
holiday, Yom Kippur, the meting scheduled for that day will be can-
celled.
Executive Session
The Council adjourned to executive session from 10:55 to 11:20 p.m.
--!e9ournment
The meeting was adjourned at 11:20 p.m.
Kinn :
City Clerk
Mayor
APPROVED:
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