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city of palo alto
April 5, 1971
The Coune.l of the City of Palo Alto suet on this date at 7:30 p.m. in
a regular meeting with Mayox Wheatley presiding.
Present: Beahrs, Berwald, Clark, Comstock, Dias,
Gallagher, Norton (arrived 7:40 p.m. ), Pearson
(arrived 8:15 p.m.), Spaeth, Wheatley
Absent: Arnold
Minutes of March 8
and March 15, 1971
The Minutes of March 8, 1971 were approved as submitted.
The Minutes of March 15, 1971 were approved as submitted.
Palo Alto Youth Work_shot
Councilman Comstock spoke of the Palo Alto Youth Workshop, a
theat3-ica1 group under the Community Services Department. He
drew attention to the fact that they had won the state contest in the
1971 California Community Theatre Festival competition, they were
a late entry, and the only youth group of twelve entries. He com-
plimented the staff for creating the opportunity for this Workshop
to occur.
Cazr�munity Antenna Television
MOTION: Councilman Spaeth introduced the following resolution
and moved, on behalf of the Finance Committee, its adoption:
Resolution No. 4435 entitled "Resolution of the Council of the
City of Palo Alto Indicating Its Intention to Operate Any Com-
munity Antenna Television System Established in the City As A
Public Utility and to Cooperate With Neighboring Communities
in Establishing Such Community Antenna Television System"
The resolution was adopted on a unanimous voice vote.
Central Palo Alto Pla..nnin Stud
MOTION: Councilman Dias moved, on behalf of the Planning and
Preleederem Committee, that atlaff be di7ected to the Central.
-_. . V - may, wr.ivu iV do the M;18ytt �i
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4/5/71
Palo Alin Planning Study, that this assignment be coordinated ;with
the General Plan reevaluation now underway, and submit to Council
any staffing needs they have to accomplish this study; and further
that the study guidelines incliede pages 4 through 7 of Councilman
Berwald's November 16, 1970 letter.
The motion carried unanimously on a voice vote.
Downtown Study - Census Tract No. 113
MOTION! _ Councilman Dias moved, on behalf of the Planning and
Procedures Committee, that a study be made of the downtown area,
defined as Census Tract No. 113, said neighborhood study to be
pursued in a manner similar to that followed by the Planning and
Procedures Committee ill the Central Palo Alto Study.
In response to question as to how long the studies would take, Planning
Director Holland replied that a survey and analysis will be available
within two months for presentation to the Commission and Council
with a progress report within a month.
Councilman Dias stated it was the consensus of the Committee that
the Planning and Procedures Committee will help take these facts
and concerns of the people in the Downtown Area as was done in the
California Avenue Area study.
There were no objections from the Council regarding the Committee
study sessions.
The motion carried unanimously on a voice vote.
V. riance Application �- A. H. Kartchner,
'.esnn —..Q-�a.sisr�mwieswv ens®ran-asa er �s.s
577 Patricia Lane
Mayor Wheatley stated the Council would hear from the applicant
regarding his appeal from the decision of the Zoning Administrator
for denial of his application.
Al Kartchre r, 577 Patricia Lane, explained his request for a vari-
ance and asked that the variance be granted.
In response to question regarding the Council's request regarding a
study of side yard regulations, City Manager Morgan stated he has
been advised the matter will be ►.»efore the Planning Commission
April 28th.
MOTION: Councilman Gallagher moved, seconded by Beahrs, that
the application of A.H. and Melba L. Kartchn.er, 577 Patricia Lane,
for a variance to allow the location and construction of a second story
addition with a aideyard setback of eight (8) feet where nine (9) feet
are otherwise required be granted.
The motion carried unanimously on a voir" vote.
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Chan a of District - Bryant Street
Pro'ect from P -C to P -F and C-2
MOTION: Councilman Beahrs introduced the following ordinance and
moved, seconded by Berwald, its approval for first reading:
"Ordinance of -the Council of:the City of Palo Alto Repealing
Ordinance No. 2589 and Zoning Certain Property in the Vicinity
of University Avenue, Ramona Street, Lytton Avenue and
Florence Street P -F and C-2, As Previously Zoned"
The ordinance was approved for first reading on a unanimous voice
vote.
Change of District - City Owned
Properties - to P -F
Councilman Comstock introduced the following ordinance and moved,
seconded by Beahrs, its approval for first reading:
"Ordinance of the Council of the City of Palo Alto Amending
Section 18. 08. 040 of the Palo Alto Municipal Code to Change
the Zoning of Certain Properties Owned by the City to P -F
(Public Facilities)"
The ordinance was approved for first reading on a unanimous voice
vote.
Amendment to the General Plan
MOTION: Councilman Comstock moved, seconded by Norton, to
uphold the Planning Commission recommendation for an amendment
to the General Plan of the City of Palo Alto to designate certain lands
in the Palo Alto Foothills for conservation, parks, open space and/or
for the establishment of a land bank,
Mrs. Mary Gordon, Chairman of the Planning Commission, called
attention to a correction of the Commission's statement as set forth
in their Resolution No. 116: "...to designate certain lands in the
Palo Alto Foothills for conservation, recreation, parks, open space
and/or for the establishment of a land bank or land reserve."
Discussion IOU V:ed can the concept of land banking with City Manager
Morgan reviewing information received from HUD representatives
regarding federal funds for open space._
MOTION WITHDRAWN: Councilman Comstock, with the consent of
his second, withdrew his motion.
MOTION: Councilman Comstock moved, seconded by Gallagher, to
refer consideration of the. amendment to the General Plan back to the .
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4/5/71
Planning Commission for public hearing with deletion of the words
"land bank" and'"land reserve."
The motion carried unanimously on a voice vote.
Site and Design Control - Philco-Ford
Corporation, 3875 Fabian. Way
MOTION: Councilman Berwald moved, seconded by Gallagher, to
uphoid•the Planning Commission recommendation and approve the
application of Philco-Ford Corporation for site and design control at
3875 Fabian Way subject to the condition that any structures on the
roof of the proposed additions be screened at the time the additions
are constructed.
In response to question, Senior Assistant City Attorney Booth stated
it is appropriate for the Council to review the appearance of the
entire building at this time.
AMENDMENT: Councilman Berwald moved, seconded by Comstock,
an amendment to the motion that approval include the condition that
the building gin question have roof screening on the east and north
sides (paralleling San Antonio Road and Bayshore Freeway) to be
approved by City staff,
The amendment carried unanimously on a voice vote.
The motion as amended carried unanimously on a voice vote.
Extension of Time -• P -C Develo anent
Schedule - A1plhaLand Company. 1128-38
Orison Avenue ani 4 ` -st tay re
MOTION: Vice Mayor Gallagher introduced the following resolution
and moved, seconded by B eahrs, its adoption:
Resolution No. 4436 entitled "Resolution of the Council of the
City of Palo Alto Amending Ordinance 2585 for Property Known
as 1128 - 1138 Oregon Avenue and 2450 West Bayshore Road to
Extend for Sixty Days the Time for Beginning of Construction"
The resolution seas adopted on a unanimous voice vote.
Final Subdivir+ion Ma - Charles Reis,
Alma Street and Grecnrzieaafoe Way
MOTION: Councilman Berwald moved, seconded by Norton, to uphold
the Planning Commission recommendation and approve the application
of Charles Reis for a Final Subdivision Map of a cluster subdivision
(18 lots), Alma street G y-ecnmea[duw Way (northerly corner).
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The rno1ion carried unanimously on a voice vote.
(Vice Mayor Gallagher left the Council Chambers at this time.)
Miscellaneous Land Division
Stanford University - Page
Mill Road atFi1Csmino Real
MOTION: Councilman Norton moved, seconded by Beahrs, to uphold
the Planning Comrrucision recomme:tdation and approve the application
of Stanford University for a Miscellaneous Land Division, Page Mill
Road at El Camino Real (southeast corner).
In response to question, Sr. Assistant City Attorney Booth stated that
the subdi izion itself has no particular relationship with the P -C zoning
as it is today. He stated that it has been found there was not a sub-
stantial change ix_► the P -C plan in moving the hotel from its original
designation.
AMENDMENT: Councilman Norton .sioved, duly seconded, to amend
the motion by adding the proviso that approval of the land division
is in no way intended to approve any modifications to buildings as
previously approved.
In response tc a question, Planning Director Holland stated that the
building as it .is to be constructed will be in substantially the same
position with the same floor space as that approved under thy: P -C
and that the P -C plan is being substantially complied with. The site
layout is in accordance with what the Council has previously approved.
He stated that the matter now before the Council is -solely for-approvai - - -
AIL 1T before �.
of the lot split application.
CLARIFICATION: Councilman Norton clarified the intent of hs amend-
ment, stating the intent of the 3nott 3n is that Council does not indicate
approval of the location of the buildings on the parcel map.
Robert Kendall, 44 Montgomery Street, San Francisco, representing
the developer, referred to Section 18. 6S. 070 of the PAMC which states
the plan shall show approximate areas and approximate location of
buildings.
In response to question regarding the position of the hotel, Planning
Director Holland stated it was the opinion of staff that the general
configuration of the hotel building as presently shown on the map is
substantially in accordance with the original P -C, the floor space is
the same and the only difference is that it is now a free-standing
building.
Discussiori followed as to whether movement entt of the hotel required an
amendment to the P -C Development Plan.
MOTION: Councilman Dias moved, seconded by Beahrs, to refer the
matter back to the Planning; Commission for an appropriate amendment
to the P -C Development Plan to be returned to Council at the ',erne time
as the lot split.
The motion to refer carried on a unanimous. voice vote,
(The Council recessed to an Executive Session, for the purpose
of discussing personnel =natters from 9:15 to 935 p. rn. )
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4/5/71
(Vice. Mayor Gallagher returned to the Council Charmers at
this time.)
Overnight Parking Regulations
SAS"""'—�fl O ,i1CeV
MOTION: Councilman Dias introduced the following ordinance and
moved, seconded by Wheatley, its adoption:
Ordinance No. 259.i entitled "Ordinance of the Council of the
City of Palo Alto Amending Section 1 0.44.020 of the PAMC to
Prohibit Standing or Parking on Streets Between 3:0C a.m. and
6:00 a. m. Without a Permit and Limiting the Number of Permits
Which May Be Issued" (first reading 3/8/71)
In response to question, Sr. Assistant City Attorney Booth advised
that the ordinance includes all residential zones.
The ordinance was adopted on a majority voice vote with Councilman
Pearson voting "No."
Mr. Booth directed attention to the new Section 2 of the ordinance
which states: "This ordinance shall become effective upon the ex-
piration of thirty days frorn its passage."
MOTION: Vice Mayor Gallagher moved, seconder! by Beahrs, to
approve inclusion of the new Section 2 of the ordinance.
The motion carried on a majority voice vote with Councilman Pearson
voting "No."
Retirement of Bernice
O. Stern ag (CMR:7 73:1)
MOTION: Councilman Dias introduced the following resolution and
moved, seconded by Berwald, its adoption:
Resolution No. 4337 entitled "Resolution Expressing Appreci-
ation to Bernice O. Sterling Upon Her Retirement"
The resolution was adopted on a unanimous voice vote.
Mid -Peninsula Re ional Park
and Open Space Thstrict
MOTION: Councilman Berwald introduced the following resolution
and moved, seconded by Pearson, its adoption:
Resolution No. 4338 entitled "Resolution of the Council of the
City of Palo Alto Supporting the Concept of a Midpeninsula
Regional Park and Open Space District"
Discussion followed regarding formation of a single purpose district
vcraua ai joint i owe 5 &agreement.
The resolution was adopted on "4- voice vote.
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4/5/71
H-- Park � -
vVvva � ri a• n improvements
(CMR:779:1)
MOTION: Councilman Clark introduced the following ordinance and
moved, seconded by Comstock, its approval for first reading:
"Ordinance of the Council of the City of Palo Alto Approving and
Adopting a Development Plan for Hoover Park"
The ordinance was approved for first reading on a unanimous voice
vote.
MOTION: Councilman Clark introduced the following ordinance and
moved, seconded by Gallagher, its adoption:
Ordinance No. 2596 entitled "Ordinance of the Council of the
City of Palo Alto Amending the Budget for the Fiscal Year
1970-71 to Make An Additional Appropriation to the Capital
Improvement Fund"
The ordinance was adopted on a unanimous voice vote.
MOTION: Councilman Clark introduced the following resolution and
moved, seconded by Comstock, its adoption:
Resolution No. 4339 entitled "Resolution of the Council of the
City_of Palo Alto Finding and Determining that the Public Interest
and Necessity of Said City Require, for Public Use for Public
Grounds, Certain Land Located in the City of Palo Alto, County
of Santa Clara, State of California (Hoover Park)"
The resolution was adopted on a unanimous voice vote.
Uniform Building Code (CMR:775:1)
MOTION: Councilman, Pearson moved, seconded by Berwald, to
refer the proposed ordinances on,theUniform Building Code and the
Uniform Plumbing Code to the Public Works Committee for review.
The motion carried unanimously on a voice vote.
MOTION: Councilman Pearson introduced the following ordinance
and moved, seconded by Gallagher, its approval for first reading:
"Ordinance of the Council of the City of Palo Alto Arn,tnding
Chapter 16.16 (Electrical Code) of the Palo Alto Municipal Code
to Adopt the 1968 Edition of the National Electrical Code and
to Make Certain Necessary Changes Therein"
In response to question regarding fees, Chief Building Inspector
Bottema stated there is a fee increase to bring the fees in line with
the State of California and to make the operation self-supporting.
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4/5/71
The ordinance was approved for first reading on a unanimous voice
vote.
MOTION: Mayor Wheatley moved, seconded by Pearson, that the
fee schedule in the new Electrical Code be referred to the Public
Works Committee for review.
The rnotion carried unanimously on a voice vote.
( Councilman Spaeth left the Council Chambers at this time and
did not return.)
Advanced Treatment Plant Control
System - Demonstration Grant (CMR:777:1)
MOTION: Vice Mayor Gallagher moved, seconded by Berwald, to
authorize the staff to file the Advanced Control Demonstration Grant
application the Federal Government and directing the Mayor to
execute a contract on behalf of the City with Systems Control, Inc.
The motion carried unanimously on a voice vote.
Storm Drainage Diversion to
San Francisquito Creek (C �t:770:1)
MOTION: Councilman Comstock moved, seconded by Beahrs, that
the Mayor be authorized to execute an amendment to the agreement
with Brown and Caldwell for engineering services in the design for
storm drainage ir-n.provementa.
The motion carried unanimously on a voice vote.
Foothill Land Acu sition
Program (CM.R : 7 1:1)
City Manager Morgan briefly reviewed his preliminary report
(CMR:?81:1) on federal funding for the foothill land acquisition pro-
gram. He stated staff has selected the "Legacy of Parks", HUD 706
Program as being the federal funding rnost likely suited to Palo Alto's
needs. He directed attention to the Bureau of Outdoor Recreation -
Land and Water Conser4ation tuns and suggested the Cvunelll-iiiig
want the Public Works Committee to consider the appropriateness
of funding for the bicycle program.
MOTION: Councilman Norton moved, seconded by Gallagher, that
staff be authorized to file a Letter of Intent with the Department of
Housing and Urban Development for the purpose of acquiring lands
below Foothills Park ror park and open space purposes and that the
subject of Bureau of Outdoor Recreation fund for bicycle routes be
referred to the Public Works Committee to be considered concur -
r entiy with their study of bicycle rotate*.
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4/5/71
The motion carried unanimously on a voice vote.
Liguor License - The London
���w�.w�esra.ws
Hot/e, 533 Ramona Street (CMR:769:1)
MOTION: Councilman Pearson moved, seconded by Beahrs, to file
the application for an "On Sale Beer and Wine License" for an existing
eating establishment, The London House, 533 Ramona Street.
The motion carried unanimously on a voice vote.
i.iquor License - 530 Rarr�ona
Street (CMR:778:1)
Discussion followed on the proposed ordinance before the Planning
and Procedures Committee regarding the number of liquor licenses
within_ an area. City Manager Morgan and Sr. Assistant City Attorney
Booth advised that the license applications before the Council would
not be in conflict with the proposed ordinance.
MOTION: Councilman Pearson moved, duly seconded, to file the
application for an "On Sale General (Eating Place)" license, 530
Ramona Street.
The motion carried on the following roll call vote:
Ayes: Clark, Comstock, Dias, Gallagher, Norton, Pearson
Noes: Beahrs, Berwald, Wheatley
Joint Powers Agreement - -
Skyline Scenic Recreation Route
MOTION: Councilman Comstock moved, seconded by Gallagher,
approval of the Joint Powers Agreement between counties and cities
for creation and development of a Skyline Scenic Recreation Route
and authorizing the Mayor to sign on behalf of the City.
The motion carried on a unanimous voice vote.
Anti -Trust Litigation -
W er Meters
Sr. Assistant City Attorney Booth advised that the City Attorney's
office had filed a complaint in Intervention in Marin Municipal Water
Die rict, et al vac. Rockwell Manufacturing Company, et al, and
reviewed their report dated March 31, 1971.
MOTION: Councilman Beahrs moved, seconded by Clark, ratification
of staff action regarding anti-trust litigation in the purchase of water
meters.
The motion carried unanimously on a voice vote.
Insurance Audit Report -
Warren, McViejh & Associates
MOTION: Councilman Pearson moved, seconded by Norton, to refer
the Insurance Audit Report by Warren, McViegh and Associates to
the Finance Committee.
The motion carried unanimously on a voice vote.
Chan e of Development Plan
Ecosysterns, 180 Bryant Street
Planning Director Holland stated that Mr. Scott Carey, on behalf of
the applicant had requested that the application for a change of de-
velopment plan be withdrawn.
MOTION: Counci'.rnart Norton moved, duly seconded, to approve
the request of Ecosystems, Inc. that their application for a satange
of development plan, Hawthorn
Towers at 180 Br,•an::;ir€g:t, be
withdrawn.
The motion carried unanimously on a voice vote.
Housing Committee
Councilman Pearson read her letter dated March 30, 1971 regarding
formation of a Housing Committee and stated she would like -to hear
from Council Members as to their feelings on the. subject.
MOTION: Councilman Pearson moved, seconded by Gallagher, to
continue the matter to April 19.
The /notion carried on a maiority voice vote.
Goals for Palo Alto
MOTION: Vice Mayor Gallagher /Roved, seconded by Berwald, to
continue the matter to April 19.
The motion carried unanimously on a voice vote.
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4/5/71
Police and Fire Building - Future
Use andior Dispo"ition
Mayor Wheatley as)ted if there were any objections to hearing from
the public at this time. There were no objections.
Amanda Noble, 376 Waverley Street, speaking for the Mid -Peninsula See
Citi :enc for Fair Housing and for Jean Hobson, spoke in favor of the Page
building being used for a Child Care Center. 59
MOTION: Mayor Wheatley moved, seconded by Comstock, to refer
to the Public Works Committee for review the future use and/or
disposition of the Police and Fire Building.
The motion carried unanimously on a voice vote.
Proposed Plan for the Alpine Parkway
MOTION: Mayor Wheatley moved, seconded by Pearson, to refer
the proposed plan 2.-: the Alpine Parkway, received from the Town
of Portola Valley, to the Planning Cc nnmission ler study of the effect
the proposal would have on the Trails and Paths Program, Foothills
Open Space Program, local traffic plans, and any other appropriate
considerations.
The motion carried unanimously on a voice vote.
R e orted Gar.he of Weapons
and Ammunition
..m
Councilman Berwald briefly reviewed his letter dated April 1, 1971
in which he requested consideration of (1) asking that the matter be
brought to the attention of the grand jury, and (2) asking the State
legislature to -prepare laws regarding uncontrolled weapons ;.n the
hands of irresponsible persons.
MOTION: Councilman Berwald moved, seconded by Beahrs, directing
the City Attorney to prepare a resolution which would express the com-
munity concern over reports of weapons and ammunition secreted by
unknown individuals and requesting that the Grand Jury consider the
wisdom of further investigations into this matter in the interests of
public safety and security, and concurrently the City Manager pre-
pare a report of his views on the practicality -and feasibility of such
an approach.
At this time there were no objections to hearing from the public
although there was a motion before the Council.
J=tffrey Youdelman, 720 Waverley Street. spoke in favor of the right
of people to bear arms.
Jean Dolly, 931 Scott Street, spoke in favor of the right to bear arms.
Phil Trounstine, 376 Waverley Street, spoke against taking guns
from the people.
Discussion followed regarding investigation of the circumstances.
MOTION: Councilman Clark moved, seconded by Dias, to table the
item.
The motion to table carried on the following roll call vote:
Ayes: Beahrs, Clark, Dias, Gallagher, Norton, Pearson,
Wheatley
Noes: l3 erwald, Comstock
Discussion followed as to whether the second item was tabled.
Mayor Wheatley ruled that the motion to table covered the first itern
only.
Councilman Berwald withdrew his second item.
Palo Aito Houti....nr2C5Lrina.tion
Consulting, Contract
Mayor Wheatley referred to a letter from the Palo Alto Housing
Corporation dated March 31, 1971 regarding extension of their Con-
sulting Contract with the City through the 1971-72 fiscal year.
MOTION: Mayor Wheatley moved, seconded by Comstock, to refer
the Palo Alto Housing Corporation letter regarding extension of their
consulting contract to the Finance Committee and staff.
The motion carried unanimously on a voice vote.
Oral Communications - Card Rooms
f 7f1C.1 California�.sat Street, Mountain View, re-
ferred to his letter to the Council dated March 1, 1971 regarding
operational hours of card rooms. He requested that the ordi-
nance be changed from a 2:00 a, m. closing to a f::00
closing.
In response to question regarding any problems or objections to
changing the closing hours, City Manager Morgan advised that Palo
Alto's 2:00 a.m. closing time is consistent with eight other juris-
dictions who issue permits for card rooms and they are satisfied
with the 2:00 a, m. closing. He stated it was staff feeling that alt
night establieb *avaia encourage ae=_ends for poise services.
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4/5/71
Mayor Wheatley informed Mr. Szasz that any member of the Counci'
could put the matter on the agenda if they so desired.
Ad,ournment
The meeting was adjourned at 11:50 p.m.
APPROVED:
ATTEST:
Acting City Clerk
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