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MINUTES
June 28, 1971
The Council of the City of Palo Alto met on this date at 7:30 p.m. in an adjourned meeting from June 21, 1971, with Vice Mayor
Gallagher presiding.
Present: Arnold, Beahrs, Berwald (arrived 8:00 p.m.)
Cornstock, Dias, Gallagher, Norton (arrived
7:40 p.m.), Pearson, Spaeth, Wheatley
(arrived 9:30 p.m. )
Absent: Clark
Use Permit for Day Care Center
First Presbyterian Church
MOTION: Councilman Pearson moved, seconded by Comstock, to
uphold the recommendation of the Planning Commission and approve
the appeal of the Fir:.�t 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, subject to the Planning Corm -
mission conditions,
Vice Mayor Gallagher invited members of the public wishing to speak
to this subject to address the Council, and requested that each speaker
limit his remarks to five minutes.
The following people spoke in favor of the day care center:
Otis Renalds, 550 Kingsley
Marilyn Kennedy, Los Altos
George M. Wilson, Pastor, First Presbyterian Church,
140 Cowper
Carolyn Calvert, 115 De Vere Court, Los Altos
Carolyn Green, 1800 Skyline, Woodside
Martha Henry, 1010 Cloud Avenue, Menlo Park
Leonard Cornell, 420 Adobe Place
John Porter, 547 Hilbar Lane
Nora Bennett, 738 Guinda
Mrs. Hopkins, Atherton
Carol Peterson, 12 Perry Lane, Menlo Park
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6/28/71
The following people spoke in opposition to the day care center:
Kari Strangenes, 465 Colorado Avenue
Ethel Anderson, 360 Colorado Avenue
W. V. Saussotte, 450 Kingsley
Blaine Morley, 545 Kingsley, representing the signators of
a letter d=.ted May 22.
Richard Jacobsen, 761 Southampton, Palo Alto, spoke of his studies
of day care centers in Boston, Massachusetts, and commented the
question should be whether or not such a facility should be located
in an 11-1 zone.
Vice Mayor Gallagher said the Council would now view slides showing
the proposed day care center. Carol Peterson, 12 Perry Lane,
Menlo Park, Vice President of the Child Care Cooperative, showed
slides of the facilities offered by the First Presbyterian Church for
use by the Child Care Cooperative,
Vice Mayor Gallagher said the Council would new consider this sub-
ject,
Liz Webster, 2628 Guinda, President of the Child Care Cooperative,
responded to Counc'il's questions concerning the amount of research
undertaken by the group in attempting to find alternative locations
for the proposed child day care center.
John Porter and George M. Wilson responded to Council's questions
regarding Damien House and ite proximity to the proposed day care
center and the number of children to be accommodated at the day
care center and at what times of day.
AMENDMENT: Councilman Berwald moved, seconded by Beahrs, to
ameni the motion by adding the following condition: "No more than
25 children may be served at any one time and no more than 50 in-
dividual children may be served during the hours on any day the
child care center is operated."
The amendtzaent failed on the following roll call vote:
Ayes:
Noes:
Beahrs, Berwald, Pearson, Spaeth, Wheatley
Arnold, Comstock, Dias, Gallagher, Norton
The motion was defeated on the following roll call vote:
Ayes: Comstock, Norton, Pearson, Spaeth
Noes: Arnold, Beahrs, Berwald, Dias, Gallagher
Abstain: Wheatley
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6/28/71
MOTION TO RECONSIDER: Councilman Berwald moved, seconded
by Spaeth, to reconsider the previous motion.
The motion to reconsider passed on the following roll call vote:
Ayes:
Noes:
Arnold, Berwald, Comstock, Norton, Pearson,
Spaeth, Wheatley
Beahrs, Dias, Gallagher
AMENDMENT: Councilman Berwald moved, seconded by Spaeth,
that the motion be amended to add the following condition: "No rnore
than 25 children may be served at any one time and no more than 50
individual children may be served during the hours on any day the
child care center is in operation."
The amendment failed on the following roll call vote:
Ayes: Berwald, Norton, Pearson, Spaeth, Wheatley
Noes: Arnold, Beahrs, Comstock, Dias, Gallagher
The motion was defeated on the following roll call vote:
Ayes: Comstock, Norton, Pearson, .Spaeth
Noes: Arnold, Beahrs, Berwald, Dias, Gallagher
Abstain: Wheatley
Expansion of the Power of Local
Human Relations Commission - AB 878
MOTION: Councilman Comstock moved, seconded by Pearson, that
the Council endorse the request of the Human Relations Commission
and pass a resolution in support of AB 878 - Expansion of the Power
of Local Human Relations Commis. ion - and communicate its action
to the appropriate State representatives.
Discussion of AB 878 followed.
SUBSTITUTE MOTION: Councilman Bern alp moved, seconded by
Arnold, that the subject of expansion of the power of local human
relations commissions be referred back to the Human Relations Com-
mission for further analysis of the provisions of AB 878.
The substitute motion passed on a majority voice vote.
Old Corporation Yard - Amendment of Stanford/
City Lease Agreement CMR:631: 0 806:1 826:1 851:1
Vice Mayor Gallagher announced that he would abstain from voting
on this subject,
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0/28/71
MOTION: Councilman Beahrs moved, seconded by Arnold, that the
Council authorize the Mayor to execute the amendment of the Stanford/
City Lease Agreement.
The motion passed on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Dias, Norton, Spaeth,
Wheatley
Noes: Comstock, Pearson
Easement Agreement -
Soathern Pacific :Railway (CMR:844: 1)
MOTION: Councilman Comstock introduced the following resolution
and moved, seconded by Beahrs, its adoption:
Resolution No. 4466 entitled: "Resolution of the Council of
the City of Palo Alto Authorizing the Mayor to Execute an
Agreernent with Southern Pacific Company for Construction
and Maintenance of Certain Pipelines and Conduits within a
Casing Beneath Their Tracks"
The resolution was adopted on a unanimous voce vote.
Oregon Avenue Expressway
Landscapinj Maintenance AgreementdCMR:847 1)
MOTION: Councilsrsan Comstock moved, seconded by Arnold, that
the Mayor be authorized to execute the Laa-tdscapir g Maintenance
Agreement between the County of Santa Clara and City of Palo Alto
for Oregon -Page Mill Expressway.
The motion passed on a unanimous voice vote.
Security Services - Municipal Sera -ice Center
and Civic Center Parking Facility (CMR:846:1)
Councilman Comstock moved. seconded by Aresold, that the Mayor
be author izeu to execute the contract between the City and Wells
Fargo Security Service for wecurity services at the Municipal Ser..
vice Center and Civic Center Parking Facility.
The motion passed on a unanimous voice vote.
Palo Alto Bur System
Su est+ed Improvements MRt:845: I)
MOTION: Councilman Comstock moved, seconded by Pearson, that
---- ----- -------- - -
the Council direct the Palo Alto representatives to the Joint San Jose-
Palo Alto Bus Demonstration Project Policy Committee (Councilmen
Comstock and Norton) to present all Palo Alto's suggestions for sys-
tem improvements for consideration of the Policy Committee during
the planning phase of the demonstration project.
The motion passed on a unanimous voice vote.
California Division of Forestry for Watershed
Fire Protection - Renewal of A t eement (CMR:848:1)
Councilman Arnold introduced the following resolution and moved,
seconded by Pearson, As adoption:
Resolution No. 4467 entitled "Resolution of the Council of the
City of Palo Alto Approving Amendment to Agreement with
the State of California, Department of Conservation, Division
of Forestry (Basic Watershed Fire Protection)"
The resolution_ was adopted on a unanimous voice vote.
Closin $ of 1970-71 Budget
MOTION: Vice Mayo;. Gallagher introduced the following ordinance
and moved, seconded by Dias, its adoption:
Ordinance No. 2609 entitled "Ordinance of the Council of the
City of Palo Alto Authorizing Closing of the 1970-71 Budget"
The ordinance was adopted on a unanimous voice vote.
BCDC Representative from ABAG
Councilman Dias, representative to the Association of Bay Area
Governments, announced that the new representative to BCDC, from
ABAG, is Mayor Norman Y. Mineta of San Jose.
Adjournment
The meeting was adjourned at 11:25 p.m.
* * * * * * * * * * *
The Council of the City of Palo Alto met on this date at 11:25 p.m. ,
in a regular meeting with Mayor Wheatley presiding.
Prese►zt: Arnold, Beahrs, Berwald, Comstock, Dias,
Gallagher, Norton. Pe3raon_ c„�ath Wh t
Absent:
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7/28/71
Clark
Approval of Minutes of June 14, 1971
Mayor Wheatley requested that the record be corrected to show on
Page 128, Councilman Berwald - Vacation, that Mayor Wheatley
(not Councilman Berwald) directed the attention of Council to
Councilman B erwald's memo of June 11, 1971.
On Page 128, under "New Business", Councilman Pearson requested
that the Minutes be changed to refer to "construction of the new
Dumbarton Bridge" and that reference to "renovations to Dumbarton
Bridge" be deleted,
The Minutes of June 1 were approved as corrected.
Colorado Substation - Choice of Design
MOTION: Councilman Norton, on behalf of the Finance Committee,
moved that the present Colorado Switching Station be abandoned, and
that design Alternate No. 2 for the new Colorado Substation as pre-
sented to the committee be approved.
The motion passed on a unanimous voice vote
Colorado Switching Station -_
Use of 1.7 Acres
MOTION: Councilman Norton, on behalf of the Finance Committee,
moved that the staff be directed to prepare a report on the potential
uses of the 1.7 acres to be released fr Dm utility uses when the
Colorado Switching Station is abandoned.
The motion passed on a unanimous voice vote.
Low and Moderate Income Housing - Appropriations
MOTION: Councilman Norton, on behalf of the Finance Committee,
moved that the item regarding appropriations for low and moderate
income housing be returned to Council with no action taken inasmuch
as it is already included in the 1971/72 Budget.
The motion passed on a unanimous voice vote.
Land Investment Policy
MOTION: Councilman Norton, on behalf of the Finance Committee,
moved that the item regai ding the policy question of poiisiblc 1;f.nd
invcotrnents for long term programs be returned to Council as a
courtesy to Councilman Sp&eeth_sq th t .k..i.e--"wa{,ing-x:go zsents" i e—
will have the opportunity to indicate possible directions to staff and
the new Council.
Councilman Spaeth acknowledged the courtesy extended to hire and
said he considered no action necessary.
No action was taken on the motion.
Final Condominium Subdivision Map -
Everett Avenue and Waverley Street
MOTION: Councilman Berwald moved, seconded by Beahrs, to up-
hold the recommendation of the Planning Commission and appro•re-
t' a application of Daniel H. Power for a final condominium subdivision
map at the westerly corner of Everett Avenue and Waverley Street.
The motion passed on a unanimous voice vote.
Tentative Subdivision Map
Page Mill and Montebello Roads
MOTION: Couricitn an Berwald moved, seconded by Comstock, to
uphold the recommendation of the Planning Commission and deny the
application of Harry Beyer for a tentative subdivision map at Page
Mill and Montebello Roads.
Mayor Wheatley ruled that Council would hear from the public at this
time.
Frank Crist Jr. , 550 Hamilton, Attorney representing Harry Beyer,
owner of 22 acres of property in the foothills, explained that Council
had before it the originals map which was submitted to and considered
by the Planning Commission and a new map which indicated the out-
come of the applicant's discussions with staff, This latter rnap had
not been considered by the Planning Commission.
Louis J. Fourcroy, Director of Planning and Community Development,
stated that staff was .not in a position to evaluate and consider the
second map which had been submitted to Council,
iJt$�.130¢ieti C—SI—�--
_ whether or not this matters sold be refer-
red back to staff or to the Planning Commission for reconsideration
after examining the second map.
MOTION: Councilman Ai-nolci moved, seconded by Beahrs, to con-
tinue this matter for one month, pending review by staff.
MOTION WITHDRAWN: Councilman Arnold withdrew the motion with
consent of the second.
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6/28/71
MOTION: Councilmen Araold moved, seconded by Pearson, to re -
refer to the Planning Commission the application of Harry Meyer
for a tentative subdivision map at Page Mill and Montebello Roads.
This action to be taken with the consent of the applicant.
Mr. Grist, on behalf of the applicant, confirmed that they would be
in agreement with this action,
The motion passed on a unanimous voice vote.
1971-.7b Community Improvement Program -
Review by Planning Commission
IMIOTJON: Mayor Wheatley moved, seconded by Gallagher, to uphold
the recomrnendatien of the Planning Commission that before adoption
of the Community improvement Program all projects that conflict
with City poi:ties adopted and not reflected in the General Plan, and
with recently adopted amendments (e.g. Foothills) be considered for
addition or deletion.
The rnoticn passed on a unanimous voice vote.
Paek Llee and Regulations
MOTION: Vice Mayor Gallagher introduced the following ordinance
and moved, seconded by Beahrs, its adoption:
Ordinance No. 2610 entitled "Ordinance of the Council of the
City of Palo Alto Amending Chapter 22.04 of the Palo Alto
Municipal Code (Parks) to Provide for the Payment of Fees
for Park and Building Usage, to Prohibit Hunting or. Molesting
of Animals in Parks, Prohibiting Animals in Certain Posted
Areas of Parks or Buildings, and Closing All Parks Between
3:00 A.M. And Sunrise." (first reading 6/14/71)
The ordinance was adopted by a unanimous voice vote.
Trails and Paths Program and Urban Bicycle
Route System (CMR:425:0, 795:1, 801:1, 813:1, 856:1)
MOTION: Councilman Comstock moved, seconded by Pearson, that
the Mayor be authorized to execute the contract with Jones-Tilison
for engineering services for reconstruction of the Mayfield pedestrian
undercrossing to accommodate bicyclists.
The motion pasaed on a unanimous voice vote,
MOTION: Council an Cornatock introduced the following resolution
and moved, seconded by Pearson., its adoption:
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6/28/71
Resolution No. 4468 entitled "Resolution of the Council of the
City of Palo Alto Approving the Application for Land and Water
Conservation Funds for Development of An Urban Bicycle Route
System"
The resolution was adopted on a unanimous voice vote.
Civic. Center - Elevator Maintenance (CMR:853:1)
MOTION: Councilman Comstock moved, seconded by Beahrs, that
the Mayor be authorized to execute the contract with Otis Elevator
Company in the amount of $7, 676.28 for elevator rnainterance at
the Civic Center during Fiscal Year 1971/72:
The motion passed on a majority voice vote.
Parking Regulation Changes
University Avenue Business District (CMR:857:1)
MOTION: Councilrna.n Arnold introduced the following resolution and
moved, seconded by Gallagher, its adoption:
Resolution No. 4469 entitled "Resolution of the Council of the
City of Palo Aito Amending Resolution 2971 to Provide for
Saturday Parking without. Time Limitation or Parking Meter
Charges for the Area Bounded by Alma, Addison, Byron and
Hawthorne for a Certain Period."
The resolution was adopted on a unanimous voice vote.
Liquor License - S.O.S. Fine Foods (CMR:854: 1)
MOTION: Councilman Beahrs moved, seconded by Comstock, to file
without action the application of S.O.S. Fine Foods, 949 Emerson,
for Off -Sale Alcoholic Beverage License.
The motion passed on a unanimous voice vote.
Utilities Rates and Charges (Gas Rates)'(CNIR:858:1)
MOTION: Councilman Dias introduced the following resolution any
moved seconded by Norton, its adoption:
Resolution No. 4470 entitled "Resolution of the Council of the
City of Palo Alto Amending Schedule ' - 1 (Gas Rates) of the
City of Palo Alto Utility Rates and Charges"
The resolution was adopted en a majority voice vote,
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6/28/71
Palo Alto/San Jose Transportation
Demonstration Program Policy Issues (CMR:859: 1)
City Manager Morgan reviewed his report on this matter (CMR:859:1).
MOTION: Mayor Wheatley moved, seconded by Gallagher, that the
subject of Palo Alto/San Jose Transportation Demonstration Pro-
gram Policy Issues be referred to the Policy and Procedures Com-
mittee and that the Attorney be instructed to draft the Joint Powers
Agreement between Palo A Ito/San Jose and the Department of
Transportation,
The motion pissed on a unanimous voice vote.
Student Internship Prog_rarn
City Attorney Stone drew the attention of the Council to his written
report dated June 18 on the Student Internship Program and indicated
that no action was required at this time
Revenue Sharing
Councilman Arnold reported that since Council had referred this
item to hire for review on January 5, 1 971 , he had conducted some
research and reached the conclusion that there was no effective
action the City might take at this time.
ABAG's Position re AB 1057 -
Regiona! Government
Councilman Dias, representative to ABAG, reported that ABAG is
in opposition to AB 1057 which provides for a 40 -member directly
elected governing body, rather than a governing body composed of
elected county and eity officials.
Use Permit for Day Care Center
First Presbyterian Church
Councilman Berwald inquired about the possibility of reconseidering
the subject of a use permit for a child day car_ Bent r (see pages
142-144).e
City Attorney Stone stated that another motion to reconsider this
matter could be made provided it is made by one of the prevailing
side of the issue and is made at the present session of the Council.
He noted that although the interested parties were no longer present
the meeting continued to be an open public meeting.
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6/28/71
MOTION TO RECONSIDER: Councilman Berwald moved, seconded
by Comstock, to reconsider the motion to uphold the recommendation
of the Planning Commission and approve the appeal of the First
Presbyterian Church from the decision of the Zoning Administrator
to deny an application for a use pc:mit for a day care center at 1140
Cowper Street, subject to the Planning Commission conditions.
The ,notion to reconsider passed on .the following roll call vote:
Ayes:
Noes:
Arnold, Berwald, Comstock, Norton, Pearson,
Spaeth
Beahrs, Dias, Gallagher, Wheatley
AMENDMENT: Councilman Berwald moved, duly seconded, to
amend the ,motion to add the following condition: "No more than 25
children may be served at any one time and no more than 50 indi-
vidual children may be served during the hours on any day the child
care center is in operation."
The amendment passed on the following roll call vote:
Ayes: Arnold, Berwald, Constock, Norton, Pearson,
Spaeth
Noes: Beahrs, Dias, Gallagher, Wheatley
AMENDMENT: Councilman Spaeth moved, seconded by Berwald,
that there be added to the motion an additional condition -"This
use permit shall lapse within a period of twelve months after date
of issuance."
The amendment passed on the following roll call vote:
Ayes: Arnold, Berwald, Comstock, Dias, Norton,
Pearson, Spaeth
Noes: Beahrs, Gallagher, Wheatley
The motion as amended failed on the following roll call vote:
Ayes: Berwald, Comstock, Norton, Pearson, Spaeth
Noes: Arnold, Beahrs, Dias, Gallagher, Whcatley
Adjournment
The meeting was adjourned at 1:O0 a.m.
A PPR VE D: A u
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ATTEST:
City Clerk
Mayor
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6/28/71