HomeMy WebLinkAbout05241971MINUTES
city of palo alto
May 24, 1971
The Council of the City of Palo Alto met on this date at 7:30 p.m.,
in a regular meeting with Mayor Wheatley presiding.
Present: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher.
Norton, Pearson, Spaeth, Wheatley
Absent: Comstock
Birch Street Property
MOTION: Councilman Clark moved. on behalf of the Public Works
Committee, that the subject of the Birch Street Property be returned
to Council with no action at this time.
The motion passed unanimously on a voice vote.
Master Plan for Eleanor Pardee Park
MOTION: Councilman Clark moved, on behalf of the Public Works
Committee, that the subject of the Master Plan for Eleanor Pardee
Park be returned to Council with no action at this time, pending
legal resolution of the Dixon House.
The motion passed unanimously on a voice vote.
City Attorney Stone noted that this matter is being handled by his
office and the; expect to have results within a rrionth or two.
Yacht Harbor - Master
Landscaping Plans
MOTION: Councilman Clark moved, on behalf of the Public Works
Committee, that the subject of Master Landscaping Plans for the
Yacht Harbor be returned to Council with no action at this time.
Responding to questions on the status of the Master Landscaping
Plans for the Yacht Harbor, City Manager Morgan stated that City
Engineer Witbeck had been in contact with the County to establish
the status of the plans. One preliminary hearing has been held by
BCDC, but the number one problem relates to future use of the
Faber Tract for long term deposit of spoils and as noon as a deci-
sion is made the County will submit a final landscape plan to the
Council for its consideration.
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Councilman Pea,._ on said she felt it would be appropriate for the
Council to see the correspondence between the City and Santa Clara
County concerning status of plans for the Yacht Harbor.
:Mayor Wheatley agreed that it would be appropriate for the Council
to see this correspondence.
The motion passed on a unanimous voice vote.
1967 Uniform Building Code -
Sloping Parcels ti
MOTION: Councilman Clark moved, on behalf of the Public Works
Committee, that the subject of the 1967 Uniform Building Code, in
relation to development of sloping parcels, be returned to Council
with no action inasmuch as this item has been completed at the staff
level.
The motion carried unanimously on a voice vote.
Downtown Park - North
MOTION: Councilman Clark moved, on behalf of the Public Works
Committee, that the subject of the Downtown Park (North) be re-
turned to Council with no action at this time.
The motion carried unanimously on a voice vote.
Fire Protection - R eionai
See Page 119
MOTION: Councilman Dias moved, on behalf of the Planning and
Procedures Committee, that the Committee re ommenda to Council
endorsement in principle of the concept of cooperation and coordi-
nation between jurisdictions in connection with fire protection pro-
grams and further, reports that the programs engaged in to date by
our Fire Department do not provide a basis for endorsement of any
of the specific recommendations in the February 1971 Final Report
issued by the Office of the County Executive, entitled "Fire Pro-
tection Operations in Sang Clara County.
The motion passed unanimously on a voice vote.
Land Below Foothills Park -
Boundaries
MOTTON: Councilman Dias moved, on behalf of the Planning and
Procedures Committee, that the following lands be included within
the boundaries of Lands Below FoothiiLls Park for acquisition:
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a) both parcels closest to Los Trancos Road - the steep parcel
and the flat parcel being used as a nursery; and
b) the area known as Unit #2'. of Country Club West subdivision
Hearing no objections, Mayor Wheatley said the Council would hear
from members of the. audience.
Jerry Dunn, representing California Lands, said his company is
under contract and while they do not oppose the take, they would
like to arrive at an early conclusion as to a fair price and when and
how the take will occur.
Nonette Hanko, 3172 Emerson, spoke in iavor of an early decision
and urged that the lands known as Unit #2 of Country Club West be
included in the City's acquisition program.
Mayor Wheatley asked City Manager Morgan to report on the timing
of the Foothills acquisition program.
City Manager Morgan noted that the 1,060 acres involved for Lands
Below the Park represents a cost of $10 - 12 million to the City.
Inquiries regarding Federel grants have been made, but there is
nothing concrete to report at the present time. The City is deter-
mining what is availableso that an acquisition program can be out-
lined. There are several ways this might be funded - through HUD's
706 program, which has additional requirements for acquisitions in
excess of 1,000 acres, or a City bond issue. Mr. Morgan said he
understood the dollar value to land owners of property that is de-
velopable and their interest in the time schedule. He noted that the
Finance Committee would discuss this in conjunction with the Capital
Improvement Program at its meeting on May 25, and added the City
does not have $10 - 12 million, immediately available to acquire
these acres, but hoped to give the proierty owners answers to their
questions very soon.
Responding to questions, Jerry Dunn explained that while the land ir.
Unit #1 is not included in the take, the success in selling lots in
Unit #1 has added to the pressure to develop Unit #2, which is part
of the take. He said he was concerned that the City's financing pro-
gram would cause undue delay which would prevent California Lands
from recording their final map for Unit #2, which has already been
ap -Fs tines.
City Manager Morgan pointed out that the Council has taken no action
to impose a moratorium on these lands and California Lands' final
map for Unit #Z could be recorded at any time. He said in six
months' time the City will know definitely which direction it it going..
to take, but it is doubtful that the money will actually be available in
six months' time. The City will make every effort to alleviate the
cloud under which the property owners find themselves and enable
�4 {hen to plan 4cQrcflugiy. zSStqpVUNiui ill u. gi3Cst`s:::fro
m - unl Mr. _ 1 JU lxl
as to what *tail's action would be if California Lands Company sub -
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milted plans to the City Engineer next week, Mr. Morgan said Council
has taken no action authorizing staff to delay plans, but if such plans
were submitted staff would respond to Council as to the course of
action to take based on discussions with the applicant. If staff is
forced to act before the monies required for acquisition are avail-
able, they will have to ask Council to declare a moratorium.
As to whether California Lands could expect a corrunitmect from the
City within six months, indicating whether or not the lands in Unit#2
would be included in the take, Mr. Morgan replied that it would be
the City': objective to include both parcels closest to Los Trancos
Road - the steep parcel and the flat parcel being used as a nursery,
and the area known as Unit #2 of Country Club West subdivision.
?he motion passed on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher,
Norton, Pearson, Spaeth, Wheatley
oes:
.one
Two -County Mid -Peninsula Planning Study
The contents of this study and what the City will derive front i2 were
discussed with Director of Planning and Community Development
Fourcroy commenting that the main advantage of the Study was in
the fact that it crosses county boundaries and city limits.
MOTION: Councilman Dias moved, seconded by Beahrs, that no
action be taken concerning; the Two -County Mid -Peninsula Planning
Study at this time.
Discussion followed on the importance of keeping the study alive;
the tendency to over -study things.
Director of Planning and Community Development Fourcroy pointed
out that joint efforts are being made by various jurisdictions in
Santa Clara County, and Palo Alto is located at one end of the County
with the major focus being concentrated on the central part of the
County.
SUBSTITUTE MOTION: Councilman Pearson moved, seconded by
Spaeth, that the Council give support to the Two -County Mid -Penin-
sula Planning Study by urging that funds be applied for by the proper
agency.
It was noted that the Study in question had been turned down by HUD.
Mayor Wheatley ruled that the original motion: would be voted upon,
by the Council because the subrtUute motion is a negative of the
original motion. He asked if there were any objections to hearing
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from a member of the audience at this time. Hearing no objections,
the Mayor indicated that Mrs. Nonette Hanko could address the
Council.
See f'age130
See Page 130
Mrs. Nonette Hanko, 3172 Emerson, and representing the Pa' ' Alto
Civic League, spoke of the League's earlier request that the Council
take action on this Study.
Discussion followed concerning the other alternatives which would
be for the City to take the initiative and forget about financing at the
Federal level, the suggestion that CIR be informed that the City is
still interested in the project, and the hope that funds will become
available for it in the near future.
The motion to take no action passed on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher,
*Noes*, Pearson, Spaeth, Wheatley
Noes: N Norton
MOTION: Councilman Pearson moved, seconded ty Arnold, that
the Council accept the concept of a Two -County Mid -Peninsula Plan-
ning Study and direct the Mayor to invite all jurisdictions to apply
for funding of :.uch a study.
Hearing no objections; Mayor Wheatley said a member of the audi-
ence could address the Council.
Nina Kulgein, 711 Gallen Avenue, representing the Palo Alto Branch
of the American Association of University Women, spoke in favor of
the Two -County Planning Study.
The motion passed on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher,
Norton, Pearson, Spaeth
Nees: Wheatley
El Palo Alto Park
MOTION: Councilman Arnold introduced the following ordinance and
moved, seconded by Pearson, its approval for first reading:
"Ordinance of the Council of the City of Palo Alto Amending
Chapter 22.08 (Park Dedications) of the Palo Alto Municipal
Code by Adding Section 22.08. 300 (El Palo Alto Park)"
The ordinance was approved for first reading on a unalim►oua voice
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Timor Hopkins Creekside Paris
Hearing no objections, Mayor Wheatley recognized a member of the
audience who wished to speak to this subject.
Marion Sherk, 280 Waverley Street, representing the Northside
Action Group, said the name "Creekside Park" had been submitted
by three contestants in a competition to name the park organized by
this group. They wished to thank the Council for adopting this name.
MOTION: Councilman Beahre introduced the following ordinance and
moved, seconded by Gallagher, its approval for first reading:
"Ordinance of the Council of the City of Palo Alto Amending
Chapter 22. 08 (Park Dedications) of the Palo Alto Municipal
Code by Adding Sectior 22, 08. 290 (Timothy Hopkins Creekside
Park)"
The ordinance was approved for first reading by unanimous voice
vote.
Santa Clara County Flood Control
and Water Distric-t'rater r� T
Zon�`eW2andServicettreaZone W1
MOTION: Councilman Berwald introduced the fciilov.ing resolution
and roved, seconded by Beahrs, its adoption:
Resolution No. 4453 entitled "Resolution of the Council of the
City of Palo Alto Opposing the Inclusion of Palo Alto Within
the Water Charge Zone W2 and Service Area ?one WI of the
Santa Clara County Flood Control and Water District"
The resolution was adopted by a unanimous voice vote.
National Flood Insurance Program
(t viR:$18:1)
City Manager Morgan reported on the proposed resolution and said
its adoption would make Palo Alto eligible to participate in the
National Fined Insurance Program However, until the guidelines
have been written and considered by the Council the City's options
should be kept open. He noted that if this resolution ig not passed
the City would forego its opportunity to participate in this program.
MOTION: Councilman Beahrs introduced the following resolution
and moved, seconded by Berwald, its adoption:
Resolution No. 4454 entitled "Resolution of the Council of the
City of Palo Alto -]Expressing its Positive Interest in Partici-
pating in National Flood Insurance Program"
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The. resolution was adopted by unanimous voice vote.
California Avenue Commercial District -
Parking Regulation Modifications (CMR:814:1)
MOTION: Councilman Norton introduced the "following resolution
and inoved, seconded by Beahrs, its adoption:
Resolution No. 4455 entitled "Resolution of the Council of the
City of Palo Alto Arn.ending Resolution No. 2971 to Prohibit
or Limit Parking in the Area of Cambridge Avenue, Sherman
Avenue, Birch Street and Ash Street"
City Manager Morgan explained that the purpose of the resolution
was to assist in eliminating inconsistencies ir- parking in the area
of Cambridge Avenue, Sherman Avenue, Birch Street and Ash Street.
Councilman Arnold referred to a letter from the Downtown Associ-
ation in which they requested that parking restrictions be lifted on
Saturdays. He asked whether any thought had been given to this
matter.
City Manager Morgan replied that no specific study had been done
on this subject, but staff had worked closely with members of the
California Avenue Association in preparation of these parking modi-
fications.
The resolution was adopted by unanimous voice vote.
Peers Park - Contract for Tennis
Court-Il esur cin an_ tructuraT`
Improvement (CMR : 16:1)
MOTION; Vice Mayor Gallagher, moved, seconded by Pearson, that
the Mayor be authorized to sign the contract on behalf of the City with
National Surfacing Company, in the arn.ount of $17, 020. 00, for the
structural improvement and resurfacing of the two existing tennis
courts at Peers Park, pending furnishing of required bonds.
The_ motion passed on a unanimous voice vote.
Youth Advisory Council -
ections (CMR:is17:1)
City Manager Morgan stated that the Youth Advisory Council should
be concerned that for the three vacancies in the Cubberley High
School enrollment district only three candidates applied and staff
recommends that these three candidates be appointed to office rather
than engaging in an election where no read contest exists. He sug-
gested:the YAC Chairman, Boyd Haight, might wish to speak to this
subject.
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MOTION: Vice: Mayor Gallagher moved, seconded by Pearson, to
approve the staff recommendations concerning Youth Advisory Council
elections and accept the three candidates from Cubberley High School
who have requested their candidacy and deem thexrt the elected repre-
sentatives of the Cubberley High School District.
It was noted that this matter raised the question of.the validity of the
Youth Advisory Council. Mayor Wheatley asked YAC Chairman,
Boyd Haight, to respond to this subject.
Boyd Haight, Chairman, Youth Advisory Council, said the only
reason he could give for the lack of candidates at Cubberley High
School is apathy on the part of the students. He suggested resamp-
ing the Youth Advisory Council to give it a broader at -ea to work in,
with more power. Many students do not get anything out of the Youth
Advisory Council as it is at present ant' the lack of response signi-
fies that no one cares about it. Student response to the Youth Advi-
sory Council projects in general ha s become less and less, he noted.
Discussion followed on the general apathy of youth at the present
time and the lack of response to all organized functions, such as
graduation classes and senior proms. Some dissatisfaction at ap-
pointing three candidates to office without an election was expressed.
It was suggested that the present Youth Advisory Council might take
the matter of student apathy as a challenge and attempt to ovet come
this trend by finding ways co increase student interest and partici-
pation.
Boyd daight said he did not consider it possible to conquer student
apathy with the Youth Advisory Council set up in its present form.
He thought it best to change YAC rather than try to work with it as
it is now►.
The motion to accept staff's recommendations passed on the follow-
ing roll call vote:
Ayes: Arnold, Dias, Gallagher, Norton, Pearson, Spaeth,
Wheatley
Noes: B eahrs, Berwald, Clark
ee Page 119 Dedication of Land for
Pk an Recreations Pur oses
MOTION: Councilman Pearson moved, seconded by Gallagher, that
the Council direct the City Attorney to prepare an ordinance which
will require dedication of park land or payment of fees for park or
recreational purposes as a condition to approval of subdivisions.
City Attorney Stone stated the SuprerrIA Court did r eccgmize that it
was giv?ng credence to a policy (open space needs) in direct conflict
with another policy (need for housing).
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5/24/71
The motion passed on the following roll call vote:
r}; emu: -Yt_V.elir v'
Spaeth
Noes: Arnold, Dias, 1 !heatley
(Mayor Wheatley declared a recess from 9:40 - 9:55 pm.)
uerwald _ Clark, Gallagher, .....�,,.., `.saas�, vn.a ag er, Norton, Carson,
Senior Citizens' Coordinatin Council
R eues1oStaMff ember_ for Library
Room (CMR:808:1)
MOTION: Councilman Norton moved, on behalf of the Finance Com-
mittee, that the request of the Senior Citizens Coordinating Council
for a part time casual staff member to be selected to perform the
functions euggested in the Senior Citizens' Coordinating Council's
proposal be granted, and that $5, 000 be put in the budget for that
purpose for the next fiscal year.
Hearing no objectionF. Mayor Wheatley recognized Vincent Salmon,
who wished to address the Council.
Vincent Salmon, 765 Hobart Street, Menlo Park, President of the
Senior Citizens' Coordinating Council for the Palo Alto area, intro-
duced Thomas D. Reese, Attorney, to speak to this subject.
Thomas D. Reese, Attorney and Member of the Board of the Senior
Citizens' Coordinating Council, said he wished to comment in refer-
ence to City Manager Morgan's report. Speaking to the City's long-
standing policy of not providing facilities for special interest groups,
Mr. Reese said senior citizens can not be considered to be a "special
interest group," and the City normally provides services not other-
wise provided by the State, which would make this an,appropriate
function for the City.
City Manager Morgan pointed out that approval of this request would
raise the problem of setting a precedent for similar groups. He
drew attention to the implications of a policy change from that which
has been generally adhered to - namely, that the City would provide
facilities for the Senior Citizens' Coordinating Council's proposal,
but that staff requirements, etc. , would be lalet by the group itself.
Space and facilities, once committed_ are difficult to retrie%ro,_ Rtir
changing the policy, the City Council will be placed in the position of having to judge that one project is more deserving than another.
The staff recommendation, insofar as the City Budget was concerned,
was responsive to the former policy position and he asked the Council
to consider this in making their decision.
Discussion followed with concern being expressed about the job de-
scription for the indi,idu+a1 to be employed to staff this facility, and
the understanding that originally it was intended that the room be
used as an information center.
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Councilman Clark said he would like to go on record as being opposed
to the City takt.ng on the role of counselling at this time.
Mayor Wheatley noted that the month of May was declared "Senior
Citizens' Month' by the President and said that he had attended a
special program presented by Palo Alto's senior citizens and had
enjoyed it very much.
The motion passed on a unanimous voice vote.
Minutes of May 17 Council Meeting -
�alo Alto S uxre Project
MOTION: Vice Mayor Gallagher moved, seconded by Berwald, that
the z ecord of the Council meeting of May 17, 1971 include, under
the vote on the Palo Alto Square Project, reference to the fact that
Vice Mayor Gallagher abstained. (see Minutes of May 17, 1971)
The motion passed on a unanimous voice vote.
Downtown Parking Meters
Councilman Clark referred to a letter from Downtown Palo Alto Inc. ,
requesting that parking meters on the streets and in the lots be free
on Saturdays.
City Manager Morgan responded to this inquiry, stating that the City
Manager has the authority to change the time limit on meters in the
parking lots for a period of up to four months, on an experimental
basis, but Council action is necessary to change limits on the parking
meters on the streets. Mr. Morgan noted that it would costthedown-
town assessment district about $2, 000 a year if this program were
implemented. He suggested that if the Council wishes to consider
:his request they should direct staff to prepare a resolution to achieve
the desired objectives. He said he felt it might be appropriate since
the parking demands on Saturdays are different from those on week-
days.
MOTION: Councilman Clark moved, seconded by Norton, that staff
be directed to prepare a resolution to permit parking meters on streets
and in the parking lots in the downtown area to be free on Saturdays.
City Manager Morgan confirmed that no Public Hearing is required
ice: a=:e..tter of this kind.
The motion passed on a unanimous voice vote.
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Oral Communications
I. Ice Cream Vending
Richard Scott, 895 Clara, Palo Alto, stated that he had applied
for a license to permit him to sell ice cream on the streets and
had learned that a City ordinance prohibited this type of vending.
He wished to have the ordinance changed.
City Attorney Stone stated that under Section 4.10.050, Sub-
section C, of the Palo Alto Municipal Cede, this type of busi-
ness is prohibited in Palo Alto. The ordinance was passed in
1955 and amended in 1967.
Mr. Scott was advised that he could petition any member of the
Council and request that this matter be placed on a future agenda;
that a change of ordinance cannot be accomplished in less than
60 days, and would require the vote of four -fifths of the Council.
Emergency ordinances are usually granted only for matters con-
sidered to be crucial for the benefit of the community.
Mr. Scott noted that many people in the community were in favor
of this type of vending and that with summer just beginning the
season for this type of business would be over by the time he
could receive a license.
City Manager Morgan rioted that this matter had been discussed
many times in previous years; that ice cream street vending
could be considered to be a hazard to small children who might
run into the road in front of passing vehicles, and that many
residentr find the noise factor to be a nuisance.
The Mayor advised Mr. Scott to petition the Council in writing
if he wished to pursue this matter further.
2. Hoover Park Plans
Kari Stangenes, 465 Colorado Avenue, urged the Council to go
ahead with plans for Hoover Park as soon as possible. She said
that on May 13 the City Manager had indicated that there would
be some delay in this park improvement project until the School
District indicated its intention and commented families are con-
cerned about this delay.
City Manager Morgan Mated the Council has authorized plans
for the expansion of Hoover Park. However, the subject of the
future use of Hoover Schocl is a matter for debate. Until the
City receives some assurance from the School District that
open space will be maintained, the park plans will not go to bid.
He stated it is expected to have the open space requirements
specified so that such a review can be made by the Council and
then the County to determine whether there iz adequate assur-
ance to proceed.
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3. Pale Mill Road Dividers - City Trees
Emily Renzel, 836 Addison, spoke of the recent undergrounding
of utilities on Page Mill Road and said it had been indicated that
trees on the center dividers would be replaced. Now there are
long strips of cement and she believed no approval was given to
take away the trees.
A second point of concern expressed by Miss Renzel was in
connection with treatment trees in the City are subjected to in
order to ascertain whether they are dead and asked about a
City ordinance to protect trees.
It was pointed out that the County has responsibility for the
landscaping on Page Mill Road.
Miss Renzel was acvised that the method used to test the health
of trees was perforlised with the utmost care and was absolutely
necessary.
Adjournment
The meeting adjourned at 10:50 p.m.
APPROVED:
ATTEST:
2
( 0
it 4°'t`r"
City Clerk f
i
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