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HomeMy WebLinkAbout02221971MINUTES city of palo alto Civic Center Pato Alto, California Fe} ruary 22, 1971 The Council of the City of Palo Alto met on this date in a regular meeting of February 22, 1971 with Mayor Wheatley presiding. Present: Arnold, Beahrs, Beywald, Clark, Comstock (arrived 8:35 p.m.), Dias, Gallagher, Norton, Pearson, Spaeth, Wheatley Absent: None Minutes of February 1, 1971 Councilman Pearson requested that page 523 under ''Downtown Beauti- fication" her motion be corrected to read ". . . a unified beautification plan for Dov.wnta n Palo Alto": and on page 526 under "Federal Aviation Agency Traffic Patterns," fifth paragraph, that the name "Vought" be corrected to "Slote. " The minutes of February 1 , 1 were approved as corrected. Unrelated Persons Sharing R-1 Dwelling - Ballot Mesas MOTION: Councilman Arnold r_�.;ved, seconded by Spaeth, that. Agenda Item No, 17 be moved up at this time for the purpose of with- drawing it from the Agenda. The motion carried unanimously on a voice vote. MOTION: Councilman Arnold moved, seconded by Gallagher, that the matter pertaining to a ballot measure regarding the nurnber of un- related persons permitted tc share an R- 1 dwelling be removed from the Agenda. The motion carried unaz irriousiy on a voice vote Willow Expressway MOTION: Mayor Wheatley moved, seconded by Clark, that Agenda Item No. 18 be moved up at this time for the purpose of continuing it Inv- a 'p wpol+• The motion carried unanimously on a voice vote. 2/22/7!_ MOTION: Councilman Clark moved, seconded by Spaeth, to continue to next week the item regarding a reaolution: un Willow Expressway as submitted by North Palo Alto residents. The motion carried unanimously by voice vote. Skyline Scenic Committee - Joint Powers Agreement Noise Abatement MOTION: Mayor Wheatley moved, seconded by Beahrs, that Agenda Items Nos. 10 and 15 be moved up at this time for the purpose of continuing. The motion carried unanimously on a voice vote. MOTION: Councilman Pearson moved, seconded by Beahrs, to con- tinue to next week her iterns regarding the Skyline Scenic Committee Joint Powers Agreernent and Noise Abatement. The motion carried unanimously on a voice vote. Goals for Palo Alto Committees MOTION: Vice Mayor Gallagher moved, seconded by Spaeth, that Agenda Item No. 16 be moved up ar this time for the purpose of con- tinuing. The motion carried unanimously on a voice vote. MOTION: Vice Mayor Gallagher moved, seconded by Beahrs, to continue to next week the item regarding goals for Palo Alto com- mittees. The motion carried unanimously on a voice vote. Extension of Curfew MOTION: Councilman Clark moved, aeconded by Pearson, that Agenda Item No. 14 regarding extension of the curfew be heard with Agenda Item No. 3 regarding events on private property. The motion carried unanimously on a voice vote. Park Ordinance Amendments MOTION: Councilman Clark, on behalf of the Planning and Procedures Committee and the Public Works Committee (meeting jointly), intro- duced the following ordinance and moved its approval for fist reading: 2 2/22/'71 "Ordinance of the Council of the City of Palo Alto Amending Chapter 22. 04 of the Palo Alto Municipal Code to Permit Ampli- fied Sound in El Camino Park and the Baylands Athletic Center and Making Other Changes.' In response to question, City Attorney Stone advised that a total of three permits only would be issued for each facility per calendar year. The ordinance was approved for first reading by unanimous voice vote. Temporary Street Cloaurea MOTION: Councilman Dias, on behalf of the Planning and Procedures Committee, introduced the following ordinance and moved its approval for first reading: 'Ordinance of the Council of the City of Palo Alto Adding Chapter 10.10 to the Palo Alto Municipal Code Defining and Classifying Temporary Street Closures, Setting Standards for the Issuance Or Denial of a Permit Therefor and Establishing Regulations Thereof," In response to question regarding spontaneous parades, City Attorney Stone read Section 10. 10.090 of the proposed ordinance in which the tirne limitation: might bewaived if it is found that unusual circum- stances or good cause exists and no unreasonable burden is created aposa the City or its citizens. He stated that this ordinance is con- stitutional. The ordinance was approved for first reading on a majority voice vo to . Lytton Plazas - Local Events Councilman Dias referred to the February 2, 1971 minutes of the Planning and Procedures Committee in which it was agreed such events can be handled under current law, Councilman Dias, on behalf of the Planning and Procedures Committee, returned the subject of street closures in downtown Palo Alto for the purp«se of blockading the present facilities for rock concerts at Lytton Plaza with the recommendation that no further action is needed. Curfew for Lytton Plata and Other Lighted Locations Boyd Haight, Chairman of the Youth Advisory Council, stated he wen not on the YAC when tic#ia matter was brought up but would support the feeling of the past Council, The motion carried on the following roll call vote: Ayes: Noes: Arnold, Beahrs, Berwald, Gallagher, Norton, Wheatley Clark, Dias, Pearson, Spaeth MOTION: Councilman Pearson moved, seconded by Comstock, to refer the matter regarding curfew for Lytton Plaza and other lighted locations to the Planning and Procedures Committee for discussion. The motion failed on a majority voice vote. Sound Amplification in City Parks, Sound Shell and Li Lr2I at E1 Camino Park MOTION: Councilman Clark, on behalf of the Public Works Com- mittee, moved that sound regulations in the City, except for changes recommended by the joint corrrnittee,be retained (see Park Ordi- nance Amendment, page 3) and that no sound shell be built or light- ing installed at El Camino Park. The motion carried unanimously on a voice vote. Livingston and Blayney Report No, 4 - F©othil?s Land Acquisition MOTION: Councilman Norton, on behalf of the Finance Committee, moved: a. that the City Council's policy decision be that lands below the park should remain in open space; b. staff be directed to pursue all means available to accom- plish this objective including bond issue financing, purchase from cash reserves, leases on terms favorable to the City, HUD open space grants for the permanent open space por- tion, grants under new Section 706 of the U. S. Housing Act u_gsa�`1 r�+ agreements; the land bank portion, private gifts; and \Williamso`n Act agree ents• c. it is the sense of the Council that the City leave all options open until negotiations with the property owners and appli- cations to HUD reveal exactly what lands must be purchased, what the timing must be, and how much federal aid is likely to be available; and 1 MOTION. Vice Mayor Gallagher moved, seconded by Beahrs, to re- turn the matter regarding curfew for Lytton Plaza and other lighted locations to the Youth Advisory Council for review and recommenda- tion. See Page 16 4 2/22/71 d. __ further recommend that the Ceurril not pit advisory ballot questions to the electorate in the May General Municipal Election. MOTION: Ceunciirnan Comstock moved, duly seconded, to hear from the public although there is a motion before the Council. The motion carried unanirnously on a voice vote. Brett La Sheile, Vice President of Land Resources Corporation, read a letter to the Council dated February 22, 1971 regarding "Lands Below the Park."' He stated it is not too late for the Council to re-examine the fundamental question of whether or not lands ly- ing below the park should be removed from residential and com- mercial developanen^:. He stated that he strongly recommended the Council do not adopt a policy which will prevent Land Resources from developing their property in light of the housing shortage in Palo Alto. Mayor Wheatley stated for the record that regarding the matter be- fore the Council h; ° firm has no contracts with anyone concern- ing this land and does not anticipate any contracts and therefore he will participate in the discussion and voting, SUBSTITUTE MOTION: Councilman Clark moved, seconded by Comstock; a substitute motion an (a) to read: "that the City Council's policy decision be that lands below the park proposed to be preserved from development consist of two categories: 403 acres which are i_7 - tended to remain in permanent open space in order to preserve the scenic, rural outlook from Foothills Park; and 617 acres which are to be purchased if necessary and placed in a land bank to reserve them for a desirable future use (which may be open space). (Mayor Wheatley announced a telephone threat had been re- ceived regarding{ a bomb in the Council Chambers and he requested everyone to leave the Chambers, The Council recessed from 9605 to 9:20 p, m, ) -MOTION: Councilman Gallagher moved, seconded by Pearson, that the matter before the Council be tabled at the present times The motion carried on a unanimous voice vote, Project Concern - "Walk for Mankind" v UTION: Councilman Gallagher moved, seconded by Clark, that Agenda Item No, 8 regarding Project Concern be taken up out of order for consideration at this time, The motion carried unanimously on a voice vote, Boyd Haight, Chairman of the Youth Advisory Council, reviewed their report regarding Project Concern and the "Walk for Mankind", 2/22/71 noting that proceeds from a Walk in the Palo Aito area will go to a special project of the Tijuana Hospital in cooperation with the Stanford University Medical Center. MOTION: Councilman Gallagher moved, seconded by 13eahrs, that the City Council endorse a "Walk for Mankind" in the Palo Alto area to benefit Mexican children receiving plastic surgery at Stanford University Medical Center under Project Concern„ and grant permis- sion to yA.0 and the youth of the City to actively participate in the planning, publicity, and performance of this Walk to help assure its success. The motion carried unanimously on a voice vote. Vietnarn War - Advisor Vole MOTION: Councilman Comstock moved, duly seconded, that Aenda Item Nc, 19 regarding an advisory vote on the Vietnam War be taken up out of order at this time for the purpose of continuing. The motion carried on a unanimous voice vote. MOTION: Councilman Comstock moved, seconded by Berwald, to continue Agenda Item No. 19 regardiz.; an advisory vote on the Vieinarn War to March 1. The motion carried unanimously on a voice vote. Due to a dieturbance in the Council Chambers, M yor Wheatley directed the City Attorney to read the appropriate section from the Penal Code. City Attorney Stone quoted Section 403 of the California Penal Code: "The public business of this city must go forward in an orderly and democratic manner allowing for those who have business before the Council to speak without harrassrnent and disruption by others." He stated any further disruptions would be in violation of the penal code and appropriate action would be taken. Councilman Comstock explained to the audience that his reason for continuing the matter to next week was to bring before the Council further action that had been taken this evening at Gunn High School regarding the subject. Livingstdi; and Blayney Report No. 4 Foothills Land Ac uisitioj MOTION: Councilman Gallagher moved, duly seconded, to lift Agenda Item No. 5 regarding foothills land acquisition from the table. (See page No. 4) The motion carried unanimously on a voice vote. 6 2/22/71 SUBSTITUTE MOTION WITHDRAWN: Councilman Clark, with the concept of his second, withdrew his substitute motion regarding Finance Committee recommendation (a). SUBSTITUTE MOTION: CountAmen Berwald r:'oved,seconded by Pearson, a substitute motion on (a) to read: "that the City Council's interim policy decision be that lands below the park should remain in open space for park addition and for land banking purposes." Mayor Wheatley ruled that the Council would vote separately on the four Finance Committee ree,ornn endations (a), (b) , (c) and (d). AMENDMENT: Councilman Spaeth moved, seconded by Comstock, to amend the substitute motion on Item (a) by striking; the word "interim. " The amendment carried on the following roll call vote: Ayes: Arnold, Clark, Comstock, Norton, Pearson, Spaeth Noes: Seahrs, Berwald, Dias, Gallagher, Wheatley The substitute motion as amended cal ried on the following roll call vote : Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Spaeth Noes: Wheatley MOTION BEFORE THE COUNCIL: Finance Committee recommen- dation (b): "staff be directed to pursue all means available to accom- plish this objective including bond ieeue financing, purchase from cash reserves, leases on terms favorable to the City, HTJD open space grants for the permanent open space portion, grants under new Section 706 of the 13, S. Housing Act for the land bank portion, See Page 16 private gifts, and W iilialnA,on Act agreements; Discussion followed regarding the staff assignment with Mr. Morgan stating he could visualize sue`'h an assignment taking some 90 to 120 days. In response to question regarding the impact on the School District if the City buys the land at today's costs and tax rates, Mr. Livingston referred to Table A in Report No. 3, He stated those figures are 100% applicable to the situation because land' beloar the park is in the Palo Alto School District while land above the park ir, in various diitricta. He stated it will largely be a savings to the School District with no increase in coat. The motion carried on a unanimous voice vote. MOTION PEFOI:E THE COUNCIL: Finance Committee recommenda- tion (c): "it is the sense of the Council that the City leave all options open until negotiations with the property owners and applications to HUD reveal exactly v,i_at lands must be purchased, what the al -fling must be. a.na how much federal aid is likely to be available The rnotion carried or a unanimous voice vote. MOTION 1EFORE THE COUNCIL: Finance Committee recornrnenda-o tion (d): ''further recommend that the Council not put advisory ballot questions to the electorate in the May General Municipal Election." SUBSTITUTE MOTION: Mayor 'Wheatley moved, seconded by Dias, a substitute item (d) that the Council put nn the ballot of the General �i_ ��.--- .. - - Etactio of May f 1 , 1971 the following question: "Do you favor the acquisition of the lands below Foothills Park for park open space and land banking purposes?" The substitute motion failed on the following roll call vote: A 11 f . Noes: Beahrs, Dias, Gallagher, Wheatley Arnold, Berwaid, Clark, Comstock, Norton, Pearson, Spaeth The motion carried on the following roll call vote: Ayes Arnold, i3erwaid, Clark, Comstock, Norton, Pearson, Spaeth - Noes: Beahrs, Dias, Gallagher, Wheatley Miscellaneous Division of Land Modulus Investment Company 579 University Avenue *Milm•WIROSOVANINN Am. MOTION: Counciirnan Arnold moved, seconded by Beah.ra, to uphold the recommendation of the Planning Commission for approval of thAt application of Modulus Investment Company for a division of land, 579 University Avenue, subjert to conditions, a4d introduced the following resolution for adoption: Resolution No. 4431 entitltd "Resolution of the Council cif. the City of Palo Alto Granting Conditional Exceptions to Title 21 of the Palo Alto Municipal Code and Authorising the Approval and Filing of a Parcel Map upon Certain Conditions for Certain Property Known as 579 University Avenue." Councilman Comstock stated for the: record that he had an account with a bank who will be a tenant but he had no conflict of interest and intended to vote. 8 2/2201 In response to question, City Attorney Stone advised that neither parcel can be sold or alienated in any way in derogation of the park- ing requirements, that any subsequent e l_e or transfer is subject to those requirements and can only be waived by a majority vote of the Council. The resclution was adopted on a unanimous voice vote. Coyote Hills Land Division Mayor Wheatley and Vice Mayor Gallagher left the Council Chambers at this time and did not participate in the discussion or vote. Councilman Arnold presiding, stated that the matter before the Coancil is ratification of Council actions of September 8, 1969: e . to uphold the recommendation of the Planning Commis- sion and approve the Tentative Subdivision Map submitted by Stanford University for the division of Parcels C and D of the Parcel Map recorded in Book 254 of Parcel Maps at Page 1 (64.7 acres of property located in the Stanford Industrial Park, L -M-5 area between Page Mill Expressway, Nillview Avenue, and Arastradero Road) pursuant to Section 11535 (c) and (d) of the State Subdivision Map Act and Section 21 . 32 of the Palo Alto Municipal Code subject to the requirements of the Santa Clara County P1ccv Control District and the Engineering De- partment of the City -of Palo A! n. °f. • • to uphold the Planning Commission recommendation and approve the Tentati*. a Subdivision, Map submitted by Stanford University for the division of Parcel ii of the Parcel Map re- corded in Book 2S4 of Parcel Maps at Page 1 (84.5 acres of property located in the Stanford Industrial Park, L -M- 5, A -R and O -A areas between Page Mill Expressway, Foothill Ex- pressway, Hillview Avenue, and Araatraderc Road) pursuant to Section 11535 (a) of the State Subdivision Mr.p Act and Sec- tion 21.1.2 ff the Palo Alto Municipal Code subject to ,he re- quirements of the Santa Clara County Flood Control District and the Engineering Department of the City of Palo Alto. '` . that the Council initiate rezoning proceedings under Section 18. 98. 090 of the Palo Alto Municipal %:ode with the request that the Planning Corrmission conalder zoning the approximately 33 -acre portion of Parcel C of the property located in the Stanford Industrial Park to be used for grazing by giving it an appropriate zone limiting its use to grazing and similar agricultural uses." and of November 10, 7.969: It . to approve the Final Subdivision Map of Tracy No. 4781 - Stanford Industrial Park," 9 2/Z2/71 Chairman Pro Tern Arnold noted than the matter has been considered by the Planning Commission whose complete minutes of February 17, 1971 are before the Council in which they recommended ratification of the Council actions of September 8 and November 10, 1969 with respect to Coyote Hill Land Division. See Page 16 Councilman Arnolc' tated that the Chair would recognize anyone who wished to spead on the matter at this time. Kenneth M. Cuthbertson, Vice President for Finance, Stanford University, referred to his comments made before the Planning Commission and stated he would be glad to respond to any questions. Nonette Hanko,- 3172_Emerson; representing the Commitfec on Planning for Palo Alto Citizens, read a prepared statement which had been presented to the Planning Commission. George Norton, President of the Committee for Green Foothills, asked the Council to vote against ratification of previous Council actions. John Porter, 547 Hilbar, representing the Palo Aiiv Civic League, asked that the Council review the entire subdivision to find out if it did comply with the subdivision act. In response to request from Chairman Pro Tern Arnold for comment, City Attorney Stone stated he would like to emphasize at this point that the matter of compliance with the Subdivision .Act is irrelevant since it is not before the Council with respect to any of the subdi- visions. John Donelscn, 235 Churchill, asked the Council to vote against ratification and open the matter up for public discussion. James Danaher, attorney for Committee for Green Foothills, spoke against ratification and asked that the matter be referred back to Council for a full hearing. Councilman Comstock asked the City Attorney the effects of Council rejecting and supporting ratification. City Attorney Stone replied that rejection would have no legal effect, the law suit would simply go on the way it is and the subdivision would remain under litigation. If ratification occurs the court should find that the only rernah in? issues, which are with respect to conflict of interest, would be moot. MOTION: Councilman Pearson moved, seconded by Comstock, that the request for ratification of Council actions of September 8 and November 10, 1969 be denied. The motion failed on the following roll call vote: 1 1 1 Ayes: Noes: Comstock, Norton, Pearson Arnold, Beahrs, Berwald, Clark, Dias, Spaeth MOTION: Chairman Pro Tem Arnold moved, seconded by Beahrs, ratification of the Council actions of September 8 and November 10, 1969. The ruction carried on the following roll call vote: Ayes Arnold, Beahrs, Clark, Dias, Spaeth Noes: Comstock, Norton, Pearson Abstaining: Bervald Adjournment MOTION: Councilman Comstock moved, seconded by Clark, to adjourn the meeting to next Monday, March 1, 1971, at 7:30 p.m. The motion carried unanimously. The meeting adjourned at 12:00 Midnight. APPROVED: Mayor ATTEST: /7-/ Assistant City Clerk 11 2/22/71