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Home My WebLink About01251971r�J MINUTES cityofpaloalto Civic Center Palo Alto, California January Z5, 1971 The Council of the City of Palo Alto met on this date in a regular meeting with Mayor Wheatley presiding: Present: Arnold, Reahrs, Berwald (arrived 7:40 p.m.), Clark, Comstock, Dias, Gallaghe,r, Norton, Pearson, Wheatley Ab' ent: Spaeth Minutes of January 11, 1971 Councilman P. arson requested that page 503, line 3, "Forner" read "Fasani " and that on page 506, line 9, delete the words "all interested property owners' and substitute "all property owners in the assess- ment district." On page 510, line 20, the Minutes should reflect that Councilman Pearson made the motion to adjourn, seconded by Clark. were no c,l:iections. Councilman Dias requested that page 505, line 6, show that former Councilman William i3yxbee spoke. On page 504, line 10, the motion should read as follows: "Councilman Spaeth moved to allow the pub- lic to speak who are not members of the assessment district. " There were no objections. The Minutes were approved as corrected and amended. Refuse Collection Contract - Palo Alto Sanitation Compaq y 'del ■ N.NI�liN�67N.INr•Ril MOTION: Councilman Norton moved, on behalf of the Finance Com- mittee, approval et- the following actions with regard to the Palo Alto Sanitation Cornpan� (a) execution of a new contract effective February 1, 1971; (b) execution of a new lease agreement effective February 1, 1971; introduced the following resolution for adoption: Resolution No. 4420 entitled "Resolution of the Council of the City of Palo Alto Amending Schedules R-1, R -1 -FA, R-2, R-3, and R-4 of the City of Palo Alto Utilities Rates and Charges"; and requested that the Council vote on all three sizriuit neousiy. 515 1/25/71 The motion carried by unanimous voice vote. Ci Transit 3 stem - North County Bus System MOTION: Councilman Norton moved, on behalf of the Finance Com- mittee, to direct staff to negotiate a new one-year agreement with Peninsula 'Transit Lines and to include the following provisions in the agreement: (a) option to assign City interests in the agreement to another party, and (b) allow the City to participate in a regional or subregional transit program. The motion carried by unanimous voice vote. Colorado Substation Expansion Project (CMR:734:1; 620::0, 580:0, 189:9) MOTION: Councilman Norton moved, on behalf of the Finance Com- mittee, too -authorize an agreement with R.W. Beck and Associates in a not -to -exceed total amount of $90,295 for consulting services for the Colorado Substation Expansion Project. The motion carried ny unanimous voice vote. Variances at 1031, 1039, 1945 Colorado Avenue MOTION; Councilman Arnold moved, seconded by Clark, to uphold the recommendation of the Planning Commission to grant variances at 1031, 1039, and 1945 Colorado to the Palo Alto Housing Corpo- ration and the Stanford Mid -Peninsula Urban Coalition. Mayor Wheatley asked if there were objections to hearing from the applicant at this time. There were no objections. Mr. Louie Goldsmith, Palo Alto Housing Corporation, stated the variances in question were recommendations of the architects of the project who felt an overall better plan could be achieved if these variances could be secured. Alan S. Maremont, Housing Consultant and Executive Director, Housing Development Corporation, stated the present FHA mort- gage is for 40 years, and the present zoning restrictions would apply for that period. However, in the event of forersoarure the situation might change. 516 1/25/71 Discussion followed concerning the possibility of the Planning Com- mission exploringa possible formula for parking requirements for low -moderate income housing projects within the City. AMENDMENT: Councilman Norton moved to amend the motion, seconded by Berwald, to provide that the variance be granted for so long as the property is held by an owner who proposes to use it for low -moderate income housing as that term or concept is defined by Federal housing laws and regulations from time to time. The amendment failed by the following roll call vote: Ayes: Beahrs, Berwald, Norton, Pearson Noes: Arnold, Clark, Comstock, Dias, Gallagher, Wheatley The motion carried by unanimous voice vote. (The Council recessed from 9:20 p.m. to 9:40 p. m. Design Approval 1�%iV�.wtP.Ai�I ;m�l�'.TMiI MiwPt-' V 248 Hamilton Avenue MOTION: Councilman Arnold moved, seconded by Gallagher, to uphold the recornrnen_dation of the Planning Commission to approve the anphieation of Cummings & Company, for design approval (signs) at 248 Hamilton Avenue. The motion carried by unanimous voice vote. Conditional Exception Mil er and Monroe Avenues MOTION: Councilman Gallagher moved, seconded by Comstock, to refer the matter back to the Planning Commission so that the applicant, Maurice Rouble, can have full opportunity to present his appeal. The motion carried by unanimous voice vote. Divisions of Land Emu 4a adero to MOTION: Councilman Arnold moved, seconded by Berwald, to up- hold the recommendation of the Planning Commission to approve the request of Sandie and Associates for a time extension in the application for two miscellaneous divisions of land (212-6932-A) and (212-6932-B) located on Ernbarcadero Way. - ..r.^�� R +`ar IeI, ii7% nflq Llt 5Z1J 4ia E/Vli..G �vay. 517 1/25/71 TOPICS Project (C M R : 7 -Kir— MOTION: Councilman Clark introduced the following resolution and moved, seconded by Arnold, its approval for adoption: Resolution No. 4421 entitled "Resolution of the Council of the City of Palo Alto Authorizing the Mayor to Execute an Agree- ment with the County of Santa Clara and the State of California to Participate in the Traffic Operations Program to Increase Capacity and Safety ("TOPICS") and Requesting the Board of Supervisors to Pass a. Resolution Authorizing Execution of the Same Contract on Behalf of the County of Santa Clara" The resolution was adopted by'unanimouis voice .vote. A22ointment of Chief of Police (C?.4R:73?:1) MOTION: Councilman Gallagher moved, seconded by Norton, to approve the appointment of Mr, James C. Zurcher for Chief of Pali ce. The motion carried by unanimous voice vote. Land Use Policy Assimilation Baylands Subcornmitti e LPlA anning Policy Committee See Page 528 MOTION: Councilman Clark moved, seconded by Pearson, that the City Council receive the comprehensive reports and preliminary recommendation of the Baylands Subcommittee of the Santa Clara County Planning Policy Committee and refer them to the Planning Commission for study with the assistance of the City Staff: the recommendations of the Planning Commission should be referred to the Planning Policy Committee and then to the City Council for final discussion and transmittal to the Baylands Subcommittee within 90 days from this date. The motion carried by unanimous voice vote. Staff was directed to forward notice of this action to the Planning Policy Committee before their next meeting on Thorcday_evening, January 28, 1971. Enfranchisement of 18 Year Olds MOTION: Vice Mayor Gallagher moved, seconded by Arnold, to direct the City Attorney to draft an opinion regarding the giving of the vote to 10 ear ,.l .i. thc Palo I.. Alto l .�.__. c s.. 7.r... v....e in w all iu uiliC.ipal elections and if legal research indicates that this is passible to present legis- lation implementing this concept. 518 1/25/71 The motion carried by unanimous voice vote. MOTION: Councilman Pearson moved, seconded by Comstock, that the City Attorney be directed to draft a resolution urging state legislators to support vigorously the Moscone Bill or any similar legislation which will give the 18 year olds the vote in the State of California in state, county and local elections as soon as possible. AMENDMENT: Councilman Arnold moved, seconded by Dias, to amend the motion by deleting the words "the Moscone Bill or any similar". The amendment carried by unanimous voice vote. The motion as amended carried by a majority voice vote, Councilman Beaters requested that his vote be recorded as a "No" vote. Zoning Devices and Techniques - Low -Moderate Income Housing MOTION: Councilman Pearson moved, seconded by Comstock, to direct the City Attorney and the Planning Department to investigate possible zoning devices and techniques whereby the City can be assured that if a low -moderate income housing project, requiring a re -zoning and Federal approval and funding, is not bnilt, the zoning reverts. Director of Planning and Corrurtunity Development Fourcroy requested that the directive be given to the staff and not just the Planning Depart- ment. . Councilman Pearson changed the motion to include the staff. Discussion followed concerning the fact that the Council does not feel comfortable dealing with one client one way and another client in another way. Walter Stromquist, Planning Commissioner, stated he felt the matter should be reviewed very carefully by the staff. The motion as amended carried by unanimous voice vote. Non -Returnable Bottles and Not-Disporable Cans MOTION: Councilman Pearson moved, seconded by Comstock, to direct the City Attorney to draft an ordinance which is constitutionally worded along the lines of the South San Francisco ordinance which bans non -returnable bottles and non -disposable cans. 519 1/25/71 MOTION: Councilman Gallagher moved, seconded by Comstock, to refer the matter to the Finance Committee. MOTION: Councilman Berwald moved, duly seconded, to table this item. POINT OF ORDER: Councilman Arnold asked the City Attorney for a ruling on the motions . City Attorney Stone stated that the motion to table takes precedence over the motion to refer which takes precedence over the motion to direct. See Page 528. See Page 528 The motion to table carried by majority voice vote. Construction on 75 Foot Lots MOTION: Councilman Pearson moved, seconded by Comstock, to direct stair to change that part of the code which states that a g rage or some other structure can be built an a lot line if it is 75 feet or rriore back from the street. Staff advised this m tter had been referred to the Planning Com- mission for consideration at_a previous Council meeting. Councilman Pearson, with the consent of her second, withdrew her rnotion. Association of Bay Area Governmes `s Councilman Dias reported on the recent executive meeting of ABAG. The report was received. Adiournanent The meeting adjourned at 10:35 p. nn. ATTEST: r r' City Clerk APPROVED: 520 1/25/71