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HomeMy WebLinkAbout03081971Civic Center Palo Alto, California March 8, 1971 The Council of the City of Palo Alto met on this date in a regular meeting of March 8, 1971 with Mayor Wheatley presiding. Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Spaeth, Wheatley Absent: None Downtown Library Mayor Wheatley directed attention to the new Downtown Library which is now open to the public and invited anyone who has not had an opportunity to visit the library to step in and enjoy it. Minutes of February 8 and `eba ua y I2, 1971 Assistant City Clerk Simkins requested that the Minutes of February 8th be corrected on page 529 under "Downtown Palo Alto, John Hargis' statement, by replacing the words "General Plan" with the words "opinion survey.," Councilman Dian requested that the Minutes of February 8th be cor- rected on page 528 under "Minutes of January 25, 1971," second paragraph, third line, by adding the word "and" alter "Palo Alto. The Minutes of February 8, 1971 were. approved as corrected. Councilman Norton requested the addition of a line apparently deleted in the Minutes of February 22, pages 4 and ?, under "Livingston and Blayney Report No. 4..." page 4(b), last line, delete the word "agree- ments" and add "for the land bank portion, private gifts, and William- ___ een-Aet agreements:" and on page i, under "Motion Before the Council," last sentence, make the same correction. Councilman Pearson and Councilman Comstock requested the Minutes of February 22, page 10, fourth paragraph, read: "Nonette Hanko, 3172 Emerson, representing the Committee on Planning for the Palo Alto ,Civic League, spoke against ratification of previous Council action." The Minutes of February 22, - 1971 were approved as corrected. 1b 3/8/71 Actin ,City clerk Mayor Wheatley announced that Mrs. Kathleen Simkins had been appointed by the Council as Acting City Clerk. Ballot Measure P osal -- Southeast Asian Con lici Vice Mayor Gallagher requested that under conditions of urgency he be allowed to place an item on the Agenda under New Business re- Rarding zeta advisory measure on the Southeast Asian conflict. Mayor Wheatley ruled this is an urgency item and would be placed on the Agenda. Ballot Measure Proposals MOTION: Mayor Wheatley moved, duly seconded, to bring up out of order for the purpose of voting upon at this tirne Agenda Items Nos. 25 (Willow Expressway), 30 (Ballot Measure Proposals), and 31 (the new item on Southeast Asia). Councilman Comstock requested that the items be divided. The c-tion to bring up Agenda_ Item No. 25 regarding Willow Express- way carried unanimously on a. voice vote. Councilman Comstock objected to bringing up the ballot measures under Agenda Item No. 30 at this time. Councilman Beahrs objected to bringing up the ballot measure under the ur' ency Agenda Item No. 31 at this time. Proposed Ballot Measure �"x�re�swa� Councilman Clark advised that John Hargis had presented the pro- posed resolution regarding the Willow Expressway question be placed on the ballots and asked that he be heard at this time. There were no objections. John Hargis, 152 Emerson Street, reviewed previous actions taken regarding Willow Expressway and requested that the matter be placed on the May 11, 1471 ballot. MOTION; Councilman Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: "ii eooluiion of the Council of the City of Palo Alto to Seek the Advice of Palo Alto's Electorate Regarding Whether There Should Be An. Expressway And/Or A Freeway Constrl cted in the '"Wi1('ow Corridor'.19 ' 17 3/8/71 MOTION: Councilman Arnold moveJ, seconded by Dias, to table the proposed resolution. The motion carried on the following roll call v )te: Ayes: Arnold, Beahrs, Clark, Dias, Gallagher, Norton, Spaeth, Wheatley Noes: Berwald, Comstock, Pearson Ballot Measures -- General Municipal Election of May 11, 1971 MOTION: Councilman Comstock moved, seconded by Pearson, to bring up out of order for the purpose of voting at this time Agenda Item No. 30 regarding measures to be placed on the May Municipal. ballot. The motion carried unanimously* on a voice vote. MOTION: Councilman Dias moved, seconded by Beahrs, that the question be divided and the following items be placed on the Municipal ballot for May 11, 1971: 1) Do you support the re-evaluation of -the goals of the City of Palo Alto establishing as guidelines for the General Plan: a. that Palo Alto shall be planned and maintained as a high quality residential city; b. that all other goals shall be secondary and supportive to Goal No. 1; c. commercial and industrial development shall be limited henceforth to that degree needed to be supportive of Goal No. 17 Z) Do you favor a continuing program of one-half million dollars per year allocated to the low cost housing program in Palo Alto? 3) Do you favor the adoption of a height limitation policy for �c3lYrY �r;-t _may, `,s and rr lti F1e re identi l dis.trt;= 4) Do you favor the sale or lease of the Bryant Street Public - Safety Building fol- private use? 5) Do you favor the purchase of the ITT property for addition to the dedicated park baylands? The motitw -- • e_,t_ _..___, P, e�ss w� uu.[Zaiu�r 1) r ,;;,;r__ .,.. t.. t. the ♦�T._.o.�:.aavi aye :+..v :►isasaaa ar.i Plan/ failed on the following rail cal/ vote: 18 3/8/71 Ayes: Beahrs, Dias Noes: Arnold, '3erwald, Clark, Comstock, Gallagher, Norton, Pearson, Spaeth, Wheatley The motion on nurnber 2) (low cost housing program) failed on the following roll call vote: Ayes: Beahrs, Dias Noes: Arnold, Berwald, Clark, Comstock, Gallagher, Norton, Pearson, Spaeth, Wheatley The motion on number 3) (height limtation policy) failed on the following roll call vote: Ayes: Beahrs, Dias, . Wheatley Noes: Arnold, Berwald, Clark, Comstock, Gallagher, Norton, Pearson, Spaeth The motion on number 4) (Bryant Street Public Safety Building) failed on the following roll call vote: Ayes: Beahrs, Dias, Wheatley Noes: Arnold, Berwald, Clark, Comstock, Gallagher, Norton, Pearson, Spaeth The motion on number 5) (purchase of ITT property) failed on the followhg roll call vote: Ayes: Beahrs, Dias Noes; Arnold, Berwald, Clark, Comstock, Gallagher, Norton, Pearson, Spaeth, Wheatley Ballot Measure Southeast Asian Conflict MOTION: Councilzru.n Beahrs moved, seconded by Gallagher, to bring up out of order for the purpose of voting time p p voting _ .s on at this �xrx�e Agenda Item __ No . 31 #seta din the V• ,.�ri tiaass� �taC Vietnam War. The motion carried :unanimously on a voice vote. MOTION: Vice Mayor Gallagher moved, seconded by Comstock, that the following ballot proposition be placed before the electorate at the municipal election on May 11, 1971 and further that the City Clerk be directed to take all necessary steps to have this measure placed upon the ballot: 19 3/8/71 "This measure is to assess the attitude of the voting electorate of Palo Alto, California, regarding the United States' role in the Southeast Asian conflict. "It is understood that the results hereof will be transmitted to the Congress and the President of the United States. "Vote for the statement more closely expressing your own personal view. "Vote for only one - A vote for both will invalidate your vote on this measure. " I. I am satisfied with the policies of the present administration in its handling of the withdrawal of the United States armed forces from the conflict in Southeast Asia. "2. 7 prefer a greatly accelerated program of withdrawal and request that the President and the Congress remove all tinned States armed forces from Southeast Asia by December 31, 1971." The motion carried on the following roll call vote: Ayes: Arnold, Berwald, Clark, Comstock, Dias, Callagher, Norton; Pearson, Spaeth, Wheatley _ Noes: Beahrs (Councilman Spaeth left the Chambers at this time and did not return. ) Change of. Deve!o ent Plan Ecosv u sste Inc. 180 L r Street MOTION: Councilman Beahrs moved, seconded by Gallagher, to up- hold the Planning "Commission recommendation and deny the applica- tion of Ecosystems, Inc. for a change of Development Plan applying to 180 Bryant Street, Zone District P -C. MOTION: Councilman Comstock moved, duly seconded, to hear from the public although there is a motion before the Council. The motion carried on a unanimous voice vote. Scott Carey, 1992 Barbara Drive, speaking on behalf of the property owner, requested that this matter be continued one week. In response to question, Mr. Fourcroy. Director of Planning and Community Development, advised that this application is known as chzrgc of Development P? :n and follows the same procedure as re- zoning. He stated that ii the Council denies the application the matter 20 3/8/71 is oios.ttl and the applicant wouldhave to wait one year from closing of the public hearing before the Planning Commission to resubmit essentially the same proposal. If the applicant withdraws his appt:.- cation the procedure to resubmit would be the same. Mr. Carey stated that rather than see this project turned down, he would like to see the Housing Corporation consulted on the matter. MOTION: Councilman Beahrs moved, seconded by Arnold, to continue the matter for three weeks.' - E� AMENDMENT: Councilman Norton moved, duly seconded, to amend the motion by adding that during the period of continuance the Palo Alto Housing Corporation review the proposal and submit their comments for Council consideration. The amendment carried on a unanimous voice vote. The motion as amended carried on a unanimous voice vote. Site and Design .Approval - Shell Oil Co. - 355 Alma Street MOTION: Vice Mayor Gallagher moved, seconded by Norton, to up- hold the Planning Commission recorrmenciation and approve the appli- cation of Shell Oil Company for site and design approval at 355 Alma Street subject to the Planning Commission stipulations, and that six (6) ii stead of four (4) pinus canariensis trees be planted at the rear corner and on the westerly property line. The motion carried on a unanimous voice vote. Planning Commission Chairman Gordon noted that at the rear center of the property, adjacent to the power pole, there is a good sized Magnolia tree and suggested the applicant be requested to save that tree. MOTION: Councilman Norton moved, seconded by Gallagher. the stipulation that the applicant save the Magnolia tree located at the rear center of the property, adjacent to the power pole. The motion carried unanimously on a voice vote, with Councilman Berwaid abstaining. T ti Sbdivisic�n +ia► 4237 Manuela Avenue MOTION: Councilman Comstock moved, seconded by Gallagher, to uphold the Planning Commission recommendation and allow the ap- plicant, Harold Bakke, to withdraw his application for ,- _-_ application �� aa�.aa a+�r a oii[7s11VISl(Jn. :47:•7 ) aiAtuci AveuuC. The motion carried unar 1moualy ou a voice vote. 21 3/8/71 Miscellaneous Di ieio*± of Land with Conditional Exception Miller Avenue and Monroe Drive MOTION: Councilman Arnold moved, seconded by Norton, to uphold the Planning Commission recommendation and deny the application of Maurice Rouble for Conditional Exception for Lots 93 and 94, Miller Avenue and Monroe Drive. Mayor Wheatley asked if there were any objections to hearing from the applicant at this time. There were no objections. Maurice Rouble, 2414 Argosy Way, Los Angeles, California, reviewed his request for a Conditional Exception and asked that his application be granted. The motion carried unanimously on the following roll call vote: Ayes: Arnold, Beaters„ Berwald, Clark, Comstock., Dias, Gallagher, Norton, Pearson, Wheatley Noes: None (The Council recessed to Executive Session on personnel matters .from 9:10 'co 9:30 p.m. ) Temporary Street Closures MOTION: Councilman Clark introduced the fallowing ordinance and moved, seconded by Comstock, its adoption: Ordinance No. 2593 entitled "Ordinance of the Council of the City of Palo Alto Adding Chapter 10. 10 to the Palo Alto Municipal Code Deiining and Classifying Temporary Street Closures, Setting Standards for the Issuance of Denial of a Permit Therefor and Establishing Regulations Thereof" (first reading 2/22/71) The ordinance was adopted on a majority voice vote with Councilmen Pearson voting "No. Park Use Regulations MOTION: Councilman Clark introduced the following ordinance and moved, seconded by Pearson, its adoption: Ordinance No. 2594 entitled "Ordinance of the Council of the City of Palo Alto Amending Chapter 22. 04 of the Palo Alto Municipal Code to Permit Amplified Sound in El Camino Park and the Bay - lands Athletic Center and Making Other Changes" (first reading 2/22/71) -- - --------- The ordinance was adopted on a unanimous voice vote. 22 3/8/71 Termination of Ag_reeYnent - El Camino Real, Project No. 64-1 MOTION: Councilman Berwald introduced the following resolution and moved, ;3econded by Beahrs, its adoption: Resolution No. 4432 entitled "A Resolution of Termination of Agreement Regarding Widening and Improvement of El Camino R eai - City of Palo Alto Project No. 64-1" Reference was made to a letter received from John S. Traynor re- garding his property in the vicinity of 4187 El Camino Real. City Engineer Witbeck advised the Council that the action before them_ is to satisfy a condition in the agreement with Santa Clara County wherein they participated in the acquisition of right-of-way. The Board of Supervisors have adopted a Resolution of Termination as called for in the agreement and that action is now before the Council. He stated that nothing in this action would have any effect on the legal rights of Mr. Traynor. The resolution was adopted unanimously on a voice vote. Monroe Park Sewer Service zCMh :756:1) MOTION: Councilman Arnold moved, seconded by Gallagher, the Mayor be authorized to execute a contract on behalf of the City with the City of Mountain View for Monroe Park sewer service. The motion carried unanimously on a voice vote. Bi Xcle Rout�tem (CMR:757:1) MOTION: Councilman Pearson moved, seconded Dy Berwald, to refer to the Public Works Committee for review the Bicycle Route System and the implementation plan; and to refer to the Finance Committee the matter of financing the Bicycle Route System. The motion carried on a majority voice vote, ruu3 t1iL_ ii 116:Cju1sttion_Program City Manager Morgan reviewed action taken by the staff on the Council assignment. He stated the staff is expected to have information to the Council some time during the month of May that would permi.. consideration of an application for formal submittal of a grant appli- cation. MOTION: Councilman Berwald moved, seconded by Comstock, to refer to the Planning Commission initiation of aenentienents_to ..h 23 3 /8/71 General Flash to reflect Council policy of intent to acquire lands below Foothills Park as expansion to the park and for open space, and the Council policy that lands above Foothills Park remain in open space. The motion carried unanimously on a voice vote. Transportation Demonstration Grant City Manager Morgan reported that a copy was received this date of the report and amended application of the City of San Jose in which they propose to seek participation of the City of Palo Alto in making application for Demonstration Grant funds. MOTION: Vice Mayor Gallagher moved, seconded by Comstock, to refer to the Finance Committee the subject of a Transportation Demonstration Grant and the feasibility of Palo Alto joining the City of San Jose for review at the same time the committee considers other transit action, with committee recommendation back to Council on March 15. The motion carried unanimously on a voice vote. Validity of Palo Alto Municipal Charter, Article VII, Section 3 and Article Ili; Section 2 City Attorney Stone reviewed his report dated March 1, 1971 regarding the validity of Article VII, Section 3 of the Charter -- Designation of Candidates. He advised of his ruling that the City Clerk may not designate incumbency after the name of any candidate for the City Council in the May, 1971 election. Mr. Stone referred to the addendum to his report dated March 8, 1971 regarding the validity of Article III, Section 2 - Residency re- quirement. He advised that the three-year residency requirement was valid at the close of the period for filing nomination papers in Palo Alto and therefore the new decision of the California Supreme Court does not affect the City's May election ballot. He recommended that the Council consider one or more charter amendments to be voted upon at the election next following the May election. MOTION: Councilman Comstock movc►d, seconded by Pearson, to refer to the Planning and Procedures Committee - Article VII, Section 3 and Article III, Section 2 of the Palo Alto Municipal Charter. The motion carried on a majority voice vote. Review of C-2 and C-3 Zoning MOTION: Councilman Comstock moved, seconded by Pearson, that C-2 and C-.3 $unem bC referred to Life Planning_ co^:.w.iasi t r- con- - piete review by staff and the Commission and recommendations to the Council for changes as appropriate, 24 3/8/71. Discussion followed with Planning Commission Cahir:nan Gordon and Planning Director Holland explaining that the C-2 and C-3 zones would be studied as part of the Commission's present review of the overall General Plan. MOTION WITHDRAWN: Councilman Comstock, with the consent of his second, withdrew the motion, Civic Center GaraLe Parkin& MOTION: Councilrnan Comstock moved, duly seconded, that staff prppar-e a report on the parking program in the Civic Center garage with special emphasis on reserved and City parking. City Manager Morgan advised that as part of the process of preparing the 1971-7Z Budget staff will be submitting to Council a number of alternatives with regard to use of the existing parking facilities to cut down costs and make spaces more available to the public who have parking requirements. He stated that if Council wants a special report independent of the Budget, this coul,1 be done. MOTION WITHDRAWN: Councilman Comstock, with the consent of his second, withdrew the motion. Housinj - Action Program MOTION: Councilman Berwald moved, seconded by Gallagher, to refer to Staff the Planning Commission and the Palo Alto Housing Corporation development of an action program to develop alternatives for achieving solutions to the housing problem.. Discussion followed and City Manager Morgan advised that following the Committee of the Whole meeting he had requested Planning Director Holland to make contact with the people involved to get some of their ideas. Mr. Holland rnet with Mrs. Gordon, Chairman of the Planning Commission; Mr. Goldsmith, President of the Palo Alto Housing Corporation; a representative of the County Housing Authority and selected persons in Palo Alto. He stated he will submit a report to Council which will meet the approval of those contacted. SLBSTITUT! MOTION: Councilman Arnold moved, seconded by Clark, to refer to staff the preparation of a report for submittal to Council regarding an Action Program for the Housing problem. The motion carried unanimously on a voice vote. Housing in Fire Zone No. I MOTION: Councilman Pearson moved, duly seconded, to refer to the Public Work" Co rr.:t`a-e Fire Cniez Korff's report on housing in Fire Zone No. i dated February 12, 1971. The motion carried unanimously on & voice vote. MOTION: Councilman Pearson moved, seconded by Comstock, that the recommendations set forth in the Palo Alto Housing Corporation letter of February 25, 1971 be referred to staff to come back to Council with ordinances which .vould incorporate those suggestions. MOTION: Councilman Clark moved, seconded by Arnold, that the :matter in Counciln an Pearson's motion be continued and placed on the next Agenda under New Business. The motion carried on a unanimous voice vote. Resignation of Marion R. Jewell Palo Alto Police Reserves MOTION: Vice Mayor Gallagher introduced the following `'psolution and moved, seconded by Comstock, its adoption: Resolution No. 4433 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation to Marion R. Jewell Upon His Retirement" The resolution was adopted on a unanimous voice vote. Overnight Parking Re- a M3-=75 :1) MOTION: Councilman Arnold introduced the following ordinance and moved, seconded by Dias, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Section 10. 44. 020 of the 'AMC to Prohibit Standing and Parking on Streets Between 3:00 A. M. and 6:00 A. M. Without a Permit _ and Limiting the Number of Permits Which May Be Issued" The ordinance was approved for first reading on a majority voice vote,. Liquor License - The Island, 4141 anuno ea iC)fR:754:1I Li uor License - Jim Ellin on Aquors, 9n Mid sen e_a Road wart TCMR : Mayor Wheatley asited if there were any objections to considering the two liquor license applications together. There were no objections. MOTION: Councilman Dias moved, seconded by Gallagher, to file the applications for a person -to -person transfer (fiduciary) of an "On Sale General (Public Premises)" license at The Island, 4141 El Camirc Real, and aor a pereme-to-peraen transfer Af an "On Sale General- License Jiff. Ellingson Liquors, 3906 Middlefield Road. The motion carried unanimously on a voice vote. 2b 3/8/71 University Avenue District Street Lighting Assessment District - Project No. 70-94 University Avenue District -mss Beautification Assessment District - Project No. ?0-9i MOTION: Councilman Clark moved, seconded by Comstock, to con- tinue to March 15 the Jurisdiction to Act on the University Avenue District Street Lighting Assessment District and the University Ave- nue District Beautification Assessment District. The motion carried unanimously on a eoice vote. Skyline Scenic Committee - Joint Powers Agreement MOTION: Councilman Pearson moved, seconded by Berwaid, to approve the Joint Powers Agreement and direct the Mayor to sign on behalf of the City with copies to be sent to Santa Clara and San Mateo Counties_ Discussion followed on the form of agreement before the Council, a draft with pencilled amendments and no signatures of other jurisdic- tions. City Attorney Stone stated he would i:esitate to advise the Council to take action at this tirne as the form, while not improper, is irregular. MOTION: Councilman Comstock moved, duly seconded, to continue the matter of the joint agreement and direct staff to make all efforts to obtain a proper document and in the event one c?nnot be obtained, staff prepare one to transmit to other jurisdictions. The motion carried unanimously on a vcice vote. Noise Abatement MOTION: Councilman Pearson moved, seconded by Arnold, to direct the City Attorney toprepare a broad scope assignment for ordinances eiehieh iiioold abate noise within the City of Palo Alto. The motion failed on the following roll call vote: Ayes: Arnold, Clark, Comstock, Gallagher, Pearson Noes: Beaters, Berwald, Dias, Norton, Wheatley 27 3/8/71 Goals for Palo Alto Committees Vice Mayor Gallagher read a statement regarding a program called Goals for Palo Alto. MOTION: Vice Mayor Gallagher moved, seconded by Comstock, to continue the matter until next week. The motion carried unanimously can a voice vote. Council Policy on Clark Park Land a rti Lit B ow Foothills Park Councilman Comstock referred to his letter dated February 24, 1971 and suggested the motions be considered separately. There were no objections. MOTION: Cou;icilman .Comstock moved, seconded by Pearson: 1. that the Cotnicil reaffirm its policy that the lands known. as Clark Park be kept as open space; 2. that the Council initiate rezoning of the lands below the park R -E zoning and that this qria.tter be referred to the Planning Comrnissieol for -proper handling; and .3. that the staff be prepared to develop an ordinance establishing a moratorium on development for a period of one year on the lands below Foothills Park. DiscuIasior1 followed regarding Council policy on Clark Park lands, the recommendations for this land in the Livingston and blayney Report, and the fact that the land is dedicated park land. The motion regarding Council policy on Clark Park lands failed on the following roll call vote: Ayes: Comstock, Norton, Pearson Noes: Beahrs, Berwald, Clark, Diae, Gallagher, Wheatley Mayor Wheatley asked if there were any objections to hearing from the -property owners regarding No. 2-u-the-motitin to initiate rezoning of lands below the park. There were no objections. Brett LaShel.le; Vice President of Land Resources, Inc., spoke 'el opposition to any duwn-zoning or moratorium in the foothills. Dorothy Reed, President of the League of Women Voters, spoke in favor of a moratorium. 28 3/8/71 1 1 N In response to question, Mr. F'ourcroy, Director of Planning and Community Development, advised that the original P -C that was established provided for cluster development of one development per acre. The P -C has lapsed and he stated it would be his recommendation that the matter be sent to the Planning Commission for consideration of rezoning to its original status. SUBSTITUTE MOTION: Vice Mayor Gallagher moved, seconded by Berwald, a substitute motion that the Council initiate rezoning of the P -C lands below Foothills park and that this matter be referred to the Planning Commission for proper handling. AMENDMENT: Councilman Berwald moved, duly seconded, to amend the motion by adding after the words "Foothills Park" the words "pre- viously designated as the P -C application under the ownership of Sun- set Petroleum Corporation,;: The amendment carried on a majority voice vote. The substitute motion as amended carried on the following roll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher Noes: Comstock, Norton, Pearson, V.rheatley Discussion followed regarding a moratarii.in on development of lands below the Dark, In response to question regarding the City's liability -- if a moratorium is placed on some of these properties, City Attorney Stone stated it is impossible to know now what criteria are going to be developed with respect to reasons for the moratorium so it is impossible to predict if and when a moratorium would be legally efficacious. Re, garding properties that have lapsed P -C zoning, Mr. Stone advised that those properties cannot be developed until they are rezoned by the Council or the applicant applies for appropriate rezoning. Adjournment MOTION: Councilman Arnold moved, duly seconded, that the rmeeting be adjourned to 7:30 p. m. next, Monday night. The motion carried on a majority voice vote with Councilman Pearson voting "No." The meeting adjourned at 11:50 p.m. ATTEST: APPR VED: 1' l Mayo Acting City Clerk 29 3/8/71