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HomeMy WebLinkAbout060719711-1 MINUTES city 01 palo alto 1 1 June 7, 1971 The Council of the City of Palo Alto met on this date at 7:35 p.m. in a regular meeting with Mayor Wheatley presiding. Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley Absent: Spaeth Mayor Wheatley stated that the Finance Committee would be meet- ing on Tuesday, June 8, 1971 for its final meeting concerning the 1971/72 Budget, and that a Public Hearing on the 1971/72 Budget would commence on June 21, 1971 and be continued to June 28, 1971, if necessary. Approval of Minutes of May 17, 1_971 The Minutes of May 17, 1971 were approved as submitted. A 2seai of Firet Presbyterian Church Use PermitTlO Cowper Street MOTION: Councilman Beahrs moved, seconded by Pearson, that the appeal of the First Presbyterian Church from the decision of the Zoning Administrator to deny an application for a use permit for a day care center at 1140 Cowper Street be considered out of order. The motion passed unanimously.on a voice vote. Mayor Wheatley announced that the applicants had requested that this item t.,e continued for two weeks, inasmuch as the Council had not yet received the Minutes of the Planning Commission meeting of May 26, 1971. MOTION: Vice Mayor Gallagher moved, seconded by Berwald, that the appeal of the First Presbyterian Church be continued for two ii eelk, to June 21, 1971. The motion passed unanimously.on a voice vote. EtnbarcaderoW Extension Assessrz�;ent ��vl F'MIA.II I�.�.�/m�A.�lr.��Y1��A�.�9�' District - Project 70-61 - Public Hearin Mayor Wheatley stated that this is a Public Hearing on the project identified as Embarcadero Way Extension Project No. 70-61, re- 107 6/7/71 lazing specifi a.ily to -the Engineer's Report, consisting of plans, specifications, estimates of cost, property descriptions, assess- ment diagram and a proposed assessment, all of which are on file ir the office of the City Clerk. All interested property owners have been given notice of this hearing and have been given the opportunity to file written. protests. He declared the Public Hearing open and asked the City Clerk to report on the a rious affidavits and notices given in connection with the hearing. City Clerk Tanner confirmed that the affidavits of publication, posting and mailing are on file in the City Clerk's office and the bo=undary ,map has been filed with the County Recorder. There being no member of the public wishing to speak to this item, Mayor Wheatley declared the Public Hearing closed. MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4456 entitled "A Resolution and Order Adopting Engineer's Report, Confirming the Assessment and Ordering the Work and Acquisitions - Ernbarcadero Way Extension Assess- ment District Project No. 1O-61 The resolution was adopted by unanimous voice vote. General Plan - Amendme ear nt - Public H ing Mayor Wheatley declared the Public Hearing on the proposed amend- ment to the General Plan open. Director of Planning and Community Development Fourcroy drew attention to one label an the reap which reads "Foothills Park Ad- dition" and should be corrected to indicate "Open Space or Park Uses." He requested the record ahottcthate,this exhibit will be cor- rected accordingly. Vice Mayor Gallagher requested the record show that since he is employed by Stanford University, and the lands under question in- clude lands owned by Stanford, he would not vote on this subject. Mayor Wheatley recognized a member of the audience who wished to speak. Mrs. Barbara Geiger, 30981 Page Mill Road, (not within city limits of Palo Alto) speaking as a property owner, asked which areas are going to be encompassed for open space and which will remain for development. She mentioned the assessments made to property and land owners for sewers and said that east areas of open space in the foothills are used very little and people living there have observed this. 1©8 617171 Director of Planning and Community Development Fniieeroy explained that, essentially, the developed properties will remain and resident: and owners of those properties will have the open space and park area open to them. He noted that an amendment to the General Plan does not give the City the authority to consider or not consider an application for development of a lo:., and this opportunity for the public to be heard, through the Planning Commission, will continue as before. Mayor Wheatley declared the Public Hearing closed. MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Comstock, its adoption: R vscl_ution No. 4457 entitled "Resolution of the Council of the City of }'alo Alto Amending the General Plan of the City of Palo Alto to Designate Certain Lands in the P r.io Alto Foothills for Open Space, Conservation and/or Park Uses" The resolution was adopted by a unanimous voice vote, with Vice Mayor Gallagher abstaining. University Avenue Area Street Li htin and Beautification Project MOTION: Councilman Clark moved, on behalf of the Public Works Committee, that the Council accept in principle the need for a Univer- sity Avenue area sighting and beautification project, and that for the Fiscal Year 1971/72 the amount of $175, 000 be budgeted as a City contribution to the project. Councilman Clark noted that the Public Works Committee's vote on this subject had been split, with Councilman Pearson in opposition to this recommendation. He said that although no definite plan is being considered for the University Avenue area at this time, he felt it important that funds be appropriated for this item and to remind everyone that improving this area is one of the(City's priorities. If the right plan comes before the Council in the next year, the money will be in the Capital Improvement Budget to initiate such a plan. Councilman Pearson requested that the motion be divided into two ?arts: a) Public Works Committee recommends that Council accept in principle the need for a University Avenue street lighting and ')eautification project; and b; that for the fiscal Year 1971/7Z the amount of $175,000 be budgeted as a City contribution to the project. Mayor Wheatley ruled that the motion would be divided into two parts;__ a) and b). Discussion followed regarding whether it was appropriate at this time to include the amount of $175,000 for University Avenue area street lighting and beautification project ill the 1971/72 budget. AMENDMENT: Councilman Berwald moved, seconded by Wheatley, that the addition to section a) of the Public Works' Committee's recom- mendation read "...as well as the principle of general city funds' participation in such a project." The amendment passed on the following roll .call. ote4 109 6/7/71 Ayes: Beahrs, Berwald, Clark, Dias, Gallagher, Norton, Wheatley Noes: Arnold, Comstock, Pearson The motion as amended passed cn the fkilloving troll call vote: Ayes: Beahrs, Berwald, Clark, Dias, Gallagher., Norton, Wheatley Noes: Arnold,, Comstock, Pearson MOTION: Councilman Comstock moved, seconded by Pearson, that the recommendation of the Public Works Committee, b) that for the Fiscal Year 1971/72 the 'moi:nt of $175,000 be budgeted as a City contribution to the project, be referred to the Finance Committee for consideration at its June 8, 1971 meeting. The motion passed on a unanimous voice vote. Old Police/Fire Station. Mayor Wheatley ruled that the recommendation of the Public Works Committee regarding the 01,f, Pclice%Fire Station building would be split into two parts, a) that all questions related to temporary and permanent use of the old Police/Fire Station building be referred back to Council; and b) that these questions be considered by the Planning Commission in conjunction with other studies in the down- town area. MOTION: Councilman Clark moved, on behalf of the Public Works Committee, that a) all questions related to temporary and perma- nent use of the old Police/Fire Station building be referred back to Council. City Manager Morgan reviewed some of the figures quoted in the Public Works Committee minutes and clarified that the figure of $37, 500 would cover the cost of both demolition and 48 parking spaces. Demolition would cost about $15, 000 of this total amount. Discussion followed as to whether it was appropriate for the Planning Commission or Planning and Procedures Committee to consider future uatP for this building; that the Commission's charge would be more in relationship to land use and zoning. SUBSTITUTE MOTION: Mayor Wheatley moved, seconded by Com- stock, to refer all questions related to t ;$ :pu.rary an pea-. uatneht use of the old Police/Fire Station to the Planning and Procedures Com- mittee, to be considered in conjunction with the study of the downtown area. The substitute motion parssed:on:a unasdmous .voice vote. MOTION: Councilman Clark moved b) that these questions be con.' eidered by the Planning and Procedures Committee (instead of the Plannins Commission) a LV'niunt;tioti with thin rinwntowu. study. MOTION WITHDRAWN: Upon suggestion of Councilman Dias, Council- man Clark agreed that this action was unnecessary, and withdrew the motion. 1 1 0 6/7/71 Mayor Wheatley ruled that no further instructions regarding study of temporary and permanent use of the old Police/Fire Building were necessary. 530 Ramona Street Appeal for Variance MOTION; Councilman Beahrs moved, seconded by Comstock, to uphold the recommendation of the Planning Corremission that the appeal of Mrs. Joanne Malkin for a variance at 530 Ramona be granted, subject to the restrictions that the columns, footings, single deck, planters and stairs occur within the spaces as approximately shown on the drawings. Responding to questions, City Attorney Stone said the variance would apply to the land and would not be transferable with the build- ing. This is stated specifically in the variance, which is tied to a specific plan. Should the restrictions indicated not be conformed to, the .°ariance +.would not be permitted. The motion passed on a majority voice vote. alpha Land Com anv. 2450 `,y. Bayshore Change in P -C Deve� ment Plan MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: Resolution No. 4458 entitled "Resolution of the Council of the City of Palo Alto Amending Ordinance 2585 for Property Known as 2450 West Bayshore Road Changing the Development Plan and the Time of the Development Schedule and Rescinding Resolution No. 4436" Planning Commissioner Brenner responded to Mayor Wheatley`s question regarding the change in the number of units for this develop- ment. She said the applicants had indicated that they preferred small units and had persuaded the Planning Commission that this change would not result in a greater use of land. The new plan is not basically any different, and an adequate number of parking spaces has been allowed, she added. it espondi ng to further- questions. Director of Planning and Community Development Fourcroy noted that the original schedule called for 46 two -bedroom units and 46 three -bedroom units - a total of 92 units, The new schedule indicates 70 two -bedroom units and 22 three - bedroom units, a loss of 24 bedrooms. Philip H, Ir.gber, President, Alpha Lands Company, said the change in the number of bedrooms evolved because this development is the first condominium development of its type and price range in this inuriediate area and in negotiating with FHA to obtain financing for 111 6/7/71 low cost housing, and remembering that 10 units are to be set aside for financing under FHA 235, Alpha Land Company concluded that the revised schedule of units would be py eferable. Mr. Ingber noted that Alpha Land Company expected to receive a firm commitment for financing from the Federal government on June 8, the day follow- ing this meeting. Discussion ensued on the number, kind, and price of units. The resolution was adopted on a unanimous voice vote, (The CotnIc±i recessed to Executive Session from 4:20 to 9:45 p.m, , to discuss personnel matters.) Human Relations Committee: Annoint- ment of Mrs. Grace McAllester Mayor Wheatley announced that, during the recess, the Council had approved the appointment of Mrs. Grace McAllester, 906 Van Auken Circle, Palo Alto, to the Human Relations Comnmission, to fill Miss Helen Flack's unexpired term, which expires December 31, 1971. Mayer Wheatley said Mrs. McAllesier would be a fine addition to the Human Relations Commission, Goals Committee Mayor Wheatley announced that the Goals Committee, set up by resolution of the Council, will be composed of Councilrner Berwald, Clark and Rosenbaum. This corn unittee is charged to form and meet to organize procedures for goals in Palo Alto, as presented to the Council by Vice Mayor Gallagher on April 26, 1971. Variance: 651 Wildwood Lane 71-V-4 Aooeal of Walter ]:.. and Mara R. Keller MOTION: Vice Mayor Gallagher moved, seconded by Comstock, to uphold the recommendation of the Planning Commission f►nd approve the appeal of Walter L. and Mary R. Keller from the decision of the Zoning Administrator to deny the application for a variance at 651 Wildwood Lane (71-V-4). The motion passed on a unanimous voice vote. Timotth y Hopkins Creekside Park MOTION: Councilman Norton introduced the following ordinance and moved, seconded by Comstock, its adoption: 112 6/7/71 i t , 1 Ordinance No. 2603 entitled "Ordinance of the Council of the City of Pa..c Alto Amending Chapter 22.08 (Park Dedications) of the Palo Alto Municipal Code by Adding Section 22. 08. 290 (Timothy Hopkins Creekside Park)" (first reading 5/24/71) Discussion of whether or not Timothy Hopkins Park lies within the proposed route for the Willow Expressway ensued. City Attorney Stone stated that portions of El Camino Park are with- in the proposed route for the Willow Expressway, and to that extent the City has some control concerning the application of Federal funds. The land it is proposed to dedicate also falls somewhere within the proposed route. This does not-yncrease the City's ability to oppose or not oppose the Willow Exp: esslray should plans come to fruition. The land is still dedicated to park land, ari dedicated by Timothy Hopkins and his wife. What is before the Council now is a formal dedication, pursuant to the City's charter. The ordinance was adopted on thecitiflo 4ngitroll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley Noes: None El Palo Alto Park MOTION: Councilman Norton introduced the following ordinance and moved, seconded by Arnolc{, its adoption: Ordinance No. 2604 entitled "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 (E1 Palo Alto Park)" (first raiding 5/24/71) The ordinance was adopted on the following roll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley Noes: None tlr�iiorr*3 Builciina Code MOTION: Councilman Arnold introduced the following ordinance and moved, seconded by Pearson, its adoption: Ordinance No, 2405 entitled "Ordinance of the Council of the City of Palo Alto Amending Chapter 14.04 (Building Code) of the Palo Alto Municipal Code to Adopt the 1970 Editions of the 113 6/7/71 Uniform Building Code (Voiumme 1, Uniform Building Code, and Volume Ii;, Uniform Mechanical Code) and to Make Certain Necessary Changes Therein" (first. reading 5117/71) The ordinance was adopted en a unanimous voice vote. Uniform Plumbing Code MOTION: Councilman Clark introduced the following ordinance and moved, seconded by Comstock, its adoption: Ordinance No. 2606 entitled "Ordinance of the Council of the City of Palo Alto Amending Chapter 16.08 (Plumbing Code) of the Palo Alto Municipal Code to Adopt the 1970 Edition of the Uniform. Plumbing Code and Making Certain Changes in Con- nection Therewith" (first reading 8/17/71) The ordinance was adopted on a unanimous voice vote. Storm Drainae Diversion to San Francis uito Creek, Project No. 66-10B (CMR:749:1 and CMR:828:1) MOTION: Councilman Comstock moved, seconded by Clark, that the Council approve the bid of Stockton Construction Company, Inc. , in the a.mount of $197, 800 and authorize the Mayor to execute a contract with this company for construction of the outfaU system. City Manager Morgan and City Engineer Witbeck responded to questions regarding earlier concerns posed by Brown and Caldwell on the feasibility of this course, and said these problems had been solved as a result of the engineering study, and the proposed crossing is feasible and can be properly and safely accomplished. The motion passed unanimously on a voice vote. Re ional mater Quality Control Plant Addenda to Construction A-reement (C MR : 3 City Manager Morgan and Assie<t nt City Manager Sipel explained Palo Alto's role as manager of the facility. MOTION: Councilman Berwald moved, seconded by Beahrs, that the Council authorise the Mayor to execute the following addenda to construction agreements for the Regional Water Quality Control Plant: a) Contract Addendurn to Sewer Constructions and Service Agree- ment = The Board of Trustees of the Leland Stanford Junior University 114 6/7/71 t b) Contract Addendum for East Palo Alto Sanitary District Allocation and Payment of Capital Expense Incurred by City of Palo Alto Participation in Regional Water Quality Control Plant c) Contract Addendum for the Town of Los Altos Hills Allo- cation and Payment of Capital Expense Incurred by City of Palo Alto Participation in Regional Water Quality Control Plant Vice Mayor Gallagher said he would abstain from voting since one section of these contract addenda concerned Stanford University, his erployers. The motion passed on a unanimous voice vote. Underground Conversion: California Avenue from El Camino Real to Amherst Street - {under round Utilitx District #131 MOTION: Vice Mayor Gallagher introduced the ft,llowing resolution and moved, seconded by Comstock, its adoption: Resolution No. 4459 entitled "Resolution of Intention to Arnend Section 12. 16, 020 of Chapter 12. 16 of Title 12 of the Palo Alto Municipal Code by Establishing Underground Utility District No. 13" Assistant City Manager Sipei noted that certain corner lots are served by streets around California Avenue and only properties served from California are included in the district. He noted that the Public Hearing date, July 19, 1971, is included in the resolution and a figure of five years is included for pay off of the financing pro- gram for individual connections. The resolution was adopted by unanimous voice vote. Model Rental Agreement City Attorney Stone referred to two reports submitted to Council by his office, together with the final draft of the anodel rental agree- ment and noted that the provisions contained in this model rental agreement were arrived at after working closely with the Human Relations Commission and holding extensive hearingn, with testi- mony from interested groups, both landlords and tenants, The City Attorney's office was gratified by the public's participation at these hearings. MOTION: Councilman Clark moved, seconded by Pearson, that the draft Model Rental Agreement prepared by the City Attorney:a office be referred to ttie Planning and Procedures Committee for study. 115 6/7/71. Councilman Beahrs expressed concern that there be included in item 6 of the draft rnodel rental agreement a stipulation that land- lords insure their premises for fire in adequate amounts and require their underwriters to protect tenants. In many cases, tenants do not know the full value of the premises and are unable to purchase insurance to protect themselves in the event of fire. A tenant could be held liable for the total value of the premises and steps should be taken to protect him. ' Councilman Berwald expressed the hope that the Planning and Pro- cedures Committee would not rehash the material covered at the extensive public hearings before the Human Relations Commission. Councilman Norton said he supported Counciirnan Beahrs' views on subrogation. The rrotcoiu to refer the model rental agreement to the Planning and Procedures Committee for study passed on a unanimous voice vote. Tr<'; Preservation Ordinance Councilman Dias explained, on behalf of the Planning and Procedures Committee, that the question of a proposed tree preservation ordi- nance had been raised recently. On September 8, 1969, and again on February 10, 1970, the Council called for a study on tree preser- vation to be conducted as pa; t of Livingston & Blayney's Environ- mental Design Study on the Foothills, Or. February 24, 1970, Mr. Lawrence Livingston confirmed that this study would be incor- porated in Phase 5 of the Environmental Design Study. In January, 1971; Livingston & I3layney's contract was amended and since the tree preservation study was not pinpointed for inclusion in the amended contract, Mr. Livingston assumed that it was to be excluded, See Page 130 Councilman Dias requested, therefore, that this subject be removed from the Plan- ning and Procedures' committee agenda. MOTION: Councilman Dias ,,enoved, seconded by Beahrs, that the subject of a free preservation ordinance be removed from the agenda of the Planning and Procedures Cornmittee. The motion passed on a unanimous voice vote. Santa Clara County, Planning Folic Committee R sport on 13ousir:g Element Councilman Clark reported that the Housing Element had been ap- proved by the Planning Policy Cornrnittee of Santa Clara County on May 27, 1971, with only three members voting against it. __ He noted that the Housing Element now has to be considered by each city and said he hoped to present it to Council during the month of July. 116 6/7/71 Alley Setbacks Councilman Pearson referred to Planning Conunis Sion Minutes of May 19, 1971, and noted that the subject of alley setbacks had been discussed in relationship to the Appeal of Mrs. Joanne Malkin. MOTION: Councilman Comstock moved, seconded by Pearson, that the staff and Planning Commission be requested to review the subject of alley setbacks and recommend to Council changes to the Ordinance which they consider would be appropriate. The motion passed on a unanimous voice vote. Palo Alto Bus System Mayor Wheatley stated that over the years he had hoped That the public transportation problern in Palo Alto might be solved by in- creased use of buses. The City now has before it an application for a Dennonstration Grant in conjunction with the City of Lan Jose. He noted that Mrs. Elvia Garwood, 1650 Waverley, had addressed a letter to the Council suggesting innovative methods to increase the number of people utilizing the existing bus system in the City. Among her ideas was ;he suggestion that persons over the age of 62 be allowed to ride the buses free of charge during certain hours of the day or some other fare incentive to increase the use, See Page, 13. MOTION: Mayor Wheatle r nioved, seconded by Ber hrs, that the Council refer to staff the subject of methods to incr use use of the present routes of the present bus, system, and that staff makes recom- mendations to the Council to include items which will be undertaken in accordance with the Demonstration Grant, if awarded. City Manager Morgan stated that there is no hesitancy on the part of staff in undertaking this assignment, but staff would like to verity that such a program would not be contrary to the City's obligations under the planning study. Staff will respond to Council with pro- cedures res to accomp..ny their recornxnendathuis. The motion passed on a unanimous voice vote. Summer Yo$th Services (CMR 1829;1) Councilmen i3erwald said the Hurnan }s e; Anna z M ission has bier talking about the problem in various urban areas of youth unemploy- anent this ouYnmer. He suggested that perhaps there are opportuni- ties for the City to show leadership, not only by offering employment to youth, but through co-sponsorship of various events with service clubs and business associations. MOTION1r Coanciirtlan 8.s wald moved, seconded by Comstock. that the Council request staff to report on the summer youth services 11'7 617/71 sponsored by the City and suggest to the Council additional oppor- tunities for city government leadership with respect to the number of youth unemployed this summer. Responding to questions -as to whether the representatives of the Youth Advisory Council would be asked to endorse this activity, City Manager Morgan said the Youth Advisory Council is having some difficulty in getting its summer employment program started. Staff will respond to Council later on this problem. There is a tre- mendous amount of activity in the community by a varied number of groups seeking to employ youth this summer, but jobs at all level! are not available. Mr. Morgan noted that the problem of employ- ment of youth this summer is important and critical in that most public and private organizations face severe restrictions and em- ployment opportunities have been cut back. Councilman IIerwald said he was pleased and encouraged by the City Manager's report and comments. Would it lee possi'o1e to have a proclamation asking citizens to provide part-time work for youth, he asked. A further suggestion was to offer free transportation on the buses to young people during the summer, to enable them to attend variot s civic activities. Councilman Dias felt that the Youth Advisory Council's program should be given a chance before the Council takes action in regard to summer employment. She suggested delaying the motion for two weeks. The motion passed on a majority voice vote. Oral Communisations 1. Appeal Procedure - Dismissed Employees John Hargis, 152 Emerson, inquired as to the review or appeal procedure for employees dismissed from the City. City Manager Morgan responded, indicating the terms applicable to the existing appeal system for dismissed employees. hdjournment The meeting ad)ourned at 11:00 p.m.