HomeMy WebLinkAbout07061971MINUTES
city of palo alto
July 6, 1971
The Council of the City of Palo .Alto met on this date at 7:30 p.m. in
a regular meeting. In the absence of a Presiding Officer, City Clerk
Tanner opened the rneeting.
Present: Beahrs, Berwald, Clark; Comstock, Dias,
Henderson, Norton, Pearson, Rosenbaum
Absent: None
MOTION: Councilman Berwald moved, duly seconded, that. Council-
man Dias be appointed Chairman Pro Tern.
The motion passed on a unanimous voice vote.
Approval of Minutes of June 21, 1971
On page 132, fourth paragraph from the bottom, Councilman Pearson
requested clarification of her question to the City Manager regarding
the duties of the "Special Contracts Supervisor" and "Environmental
Control Specialist." The record should be changed to strike "Coun-
cilman Pearson objected to the title Environmental Control Specialist,"
and add "Councilman Pearson then inquired what does an Environ-
mental Control Specialist do? City Manager.Morgan explained that an
Environmental Control Specialist is primarily concerned with follow-
ing up on complaints received in connection with weed abatement and
right of way encroachment; checking P -C zoning and use perrnit re-
quirements pertaining to landscaping; inspection of private and public
refuse storage areas; making time checks on public transit and
following up on complaints in respect to public transit, contract and
specifications! enforcement. He added that these positions have
existed in the City for many years." There were "lo objections
On page 134, Councilman Pearson requested that a change be made to
the :h'rd line of the Amendment made by Councilman Norton on belted!'
of the Finance Committee re the Capital Improvement rand (p, 92.93)
by adding the words "or deferring" after the word "reducing." Dis-
cussing followed and Councilman Berwald noted that the amendment
was recorded as it was read at the meeting of June 21, 1971 and
therefore a motion would be required to atriend the Minutes, -
MOTION: Councilman Pearson moved, seconded by Clark, that the
Minutes of June 21, 1971, be amended by adding. to Councilman
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7/6/71
Norton's amendment on Page 134 the words "or deferring", after
the word "reducing,".
MOTION WITHDRAWN: Councilman Pearson, with the consent of
her second, withdrew the motion, si ce deferment of the projects
listed is recorded later in the Minutes.
On Page 137, Councilman Pearson requested that the amendment re-
ferring to the Solid Waste Recycling and Recovery Program be changed
to read "Councilman Pearson moved that the 1971-72 Annual Budget
be amended by rnoving back one year the Solid Waste Recycling and
Recovery Prog rarn... "
Hearing no objecti►ons Chairman Pro Tem Dias ruled that the record
be clanged accordingly.
On Page 138, Councilman Pearson requested that the amendment
relating to Downtown Park Improvements be changed to read:
"Councilman Pearson moved that the 1971-72 Annual Budget (p. 43
of the Community Improvement Program) be amended to defer for
one year the expenditure of $600, 000 for Downtown Park Improve-
ments and that there be included, 'a oolicy that houses not be de-
stroyed, but moved.'
Hearing no objections, Chairman Pro Tem Dias ruled that the record
be changed accordingly,
On Page 139, Councilman Pearson stated that concerning the 10%
sewer surcharge, the amendment which was voted on was a sub-
stitute amendment and therefore the following should be added:
"SUBSTITUTE .AMENDMENT: Councilman Berwald moved, duly
seconded, that the motion be amended to state 'that the City absorb
any increased cost and not pass it on to the consumers in the Monroe
Park area.' " The substitute amendment failed on the roll call vote
as recorded.
Hearing n. objections, and Councilman Berwald concurring, Chair-
man Pro Tern Dias ruled that the minutes be corrected as requested.
Chairman Pro. Tem Dias noted that on Page 132, "No" votes were
recorded. She commented that a "No" ✓ote on a majority voice vote
should be recorded only at the voter's specific request.
The Minutes of June 21 were approved as corrected,
Election of Mayor and Vice Mayor
Chairman Pro Tem Dias referred to Section 8 of Article III of the
Charter, which requires that a Mayor and Vice Mayor be elected at
the first meeting in July, and appointed Councilmen Berwald and
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7/6/71
Rosenbaum to serve as tally clerks. Chairman Pro Tem Dlaa then
asked Council to proceed to cast votes for the office of Mayor of the
City of Palo Alto for the 1971-72 terra.
The following ballots were taken:
1.
Comstock - 4
Norton - 4
Clark - 1
2. Comstock - 4
Norton - 4
Clark - 1
3. Comstock - 4
Norton. - 4
Berwald - 1
4. Comstock - 5
Norton - 4
Chairman Pro Tenn Dias declared Councilman Kirke W. Comstock
elected Mayor for the year 1971-72.
Mayor Comstock then asked Council to proceed to vote for the office
of Vice Mayor for the year 1971-72..
The following ballots w :re taken:
Norton - 3
Pearson - 1
Berwald - 2
Clark - 2
Dias - l
2. Dias - 1
Norton - 4
Berwald - 2
Clark - 2
3. Norton - 5
Clark - 4
Mayor Comstock declared Councilman Stanley R. Norton elected
Vice Mayor for the year -1971-72._
Mayor Comstock and Vice Mayor Norton thanked Council members
for their support.
Mayor Comstock welcomed Councilman: Alan Henderson and Coun-
cilman Richard Rosenbau-n to the Council.
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7/6/71
YMCA - Change of District
4295 Alma
MOTION: Mayor Comstock moved, duly seconded, that the Planning
Commission's recommendation re the YMCA application be brought
up out of order, inasmuch as the applicants had requested that this
matter be continued.
The motion passed on a unanimous voice vote.
MOTION: Councilman Dias moved, duly seconded, that the matter
of the Planning Commission's recommendation regarding the appli-
cation of the YMCA for a change of district at 429; Alma Street
from R- 1:B -$:A to P -C (YMCA facilities) be continued to July 19,
1971.
Discussion ensued on whether this matter should be referred back
to the Planning Commission, with Planning Commission Chairman
Gordon explaining the Commission's recommendation.
The motion to continue passed on a majority voice vote.
Use of Civic Center Plaza
Councilman Clark referred to Minutes of the Jene 1, i971, meeting
of the Public Works Gorr:rnittee and explained that the Committee
had been divided in its opinions on use of the Civic Center Plaza
for purposes other than formal occasions. He said Councilman -
Pearson might wish to speak to this issue.
Councilman Pearson said she had been disappointed that the Com-
mittee did not support her efforts to have the Civic Center Plaza
used more. She reiterated her suggestions for events to be held
on this open space during the summer; that bicycle racks be added
at the Plaza level and benches made available for people to sit on.
City Manager Morgan said that it was his understanding that the
directive to staff was that they should keep in mind the idea of
making greater use of the Plaza for special events and general uses
rather than prepare a formal report to Council suggesting specific
uses.
Mayor Comstock ruled that a member of the audience wishing to
address the Council might do so.
Frank Manfredi, 2.19 Addison, spoke in favor of making greater use
of the Plaza and said people should be encouraged to think in terms
of "meeting at the fountain."
Councilman Clark said the Public Works Committee had voted 2-1
against developing the Plaza area for general recreational uses,
but supported the idea of having benches located near the elevators.
Staff had been requesCed to review and evaluate which, if any, of
the city -sponsored programs might be located on the Plaza.
Councilman Pearson said it had been her understanding that staff
agreed it was quite possible to plan specific programs for the Plaza.
No action was taken by Council on the subject of greater use of the
Civic Center Plaza.
Report on Summer Youth Activities
Human Relations Commission and
Youth Advisory Council
Mayor Comstock asked whether representatives of HRC and YAC
were present. There was no representative from HRC in the audi-
ence, but the Chairman of YAC responded.
Boyd Haight, Chairman, YAC, reviewed a recent meeting of YAC
devoted to summer youth activities and said while no conclusions were
reached, they had discussed their program and heard from repre-
sentatives of various groups. He spoke of the overwhelming response
to requests for summer employment for youth and said that in ex-
amining the volume of activities available to youth this summer, it
became apparent that there is no need for additional city sponsored
programs.
City Manager Morgan responded to 13oyd Haight's comments and said
in a two week period 123 people filed application for summer employ-
ment, and there were 69 prospective employers offering positions.
Boyd Haight noted that youth wishing to find summer employment
could contact YAC reprev a rztatives at the Lucy Stern Community
Canter, Middlefield Road, telephone 329,-2454.
Moratorium - Area Southerly of
Juni.ero Serra Freewa .
Mairor Comstock asked Planning Commission Chairman Gordon to
report to Council.
Chairman Gordon, on behalf of the Planning Commission, suggested
the following amendments to Section 1 and Section 2 of the proposed
ordinance:
Section 1, Page 2, add to the end of the paragraph "...nor
shall any of the above be issued or granted.
Page 2, Section 2, line five, change "ten days" to "twelve
days" and second line from bottom of paragraph, change
"five days" to "four days."
Chairman Gordon drew Council's attention to the Minutes of the
Planning Commission meeting of June 23, 1971, and Planning Com-
mission's recommendation that an ordinance establishing a mora-
torium be aJopted on an emergency basis, if possible, otherwise
as a regular ordinance.
City Attorney Stone advised Council that the ordinance before there
had incorporated into it. an exception procedure whereby anyone
could apply and request that their property be considered an excep-
tion to the moratorium.
Discussion followed on the proposed ordinance, and the effect of the
proposed exemption procedure.
Mayor Con-istock ruled that Council would now hear from the public.
Max Kramer, 23745 Topar Avenue, Los Altos, said he owns one
acre in the area under discussion and would be opposed to Council
establishing a moratorium.
Betsy Bechtel, 946 Shauna Lane, speaking for the League of Women
Voters, urged the Council to take steps to implement the suggested
moratorium.
Jerry Dunn, California Lands Company, 260 Sheridan, spoke in
opposition to the :moratorium and said the City should decide whether
or not it wishes to purchase certain lands for open space.
Mrs. Kathleen Levdar, 371 Ely Place, spoke in opposition to the
roratorium and said she and her husband felt their individual rights
were threatened.
Frank Crist Jr. , Attorney, Crist, Crist & Griffiths, representing
Mr. Harry Beyer, 1050 Crestview Drive, Mountain View, owner
of 22 acres in the foothills, spoke of his client's desire to develop
his property and said they opposed the moratorium.
Thomas Tisch, 724 Arastradero Road, spoke as the owner of three
acres in the foothills and said he was opposed to the moratorium
and the City's plans should be spelled out.
George Korpontinos, 23275 Montclair Court, owner of one acre in
the foothills, spoke in opposition to the proposed moratorium.
Brett LaShelle, Vice President, Land Resources Corporation, 1720
Sunset Boulevard, Pacific Palisides, California, spoke in opposition
to the moratorium and reviewed the history of his company's re -
guests to develop their land.
Frank Manfredi, 219 Addison, spoke in favor of the proposed mora-
torium.
Donald M. Layne, 3352, Kenneth Drive, owner of two acres in the
foothills, spoke in opposition to the proposed moratorium.
(The Council recessed to Executive Session from 10:10 to
10:50 p.m.. on personnel matters.)
Kay Magleby, 1409 Oak Avenue, Los Altos, spoke as a property
owner in opposition to the proposed moratorium.
MOTION: Councilman Pearson introduced the following ordinance
and moved, seconded by Norton, its adoption on an emergency basis:
"Ordinance of the Council of the City of Palo Alto Establishing
A Moratorium on Subdivisions, Miscellaneous Divisions of
Land, Zone Changes, Use Permits and The Issuance of
Building and Grading Permits in the City of Palo Alto in An
Area Southerly of Junipero Serra Freeway for A Period of
Six Months During the Pendency of Studies of the Area,
Establishing an Exception Procedure and Declaring An
Emergency"
AMENDMENT: Councilman Berwald moved that the proposed ordi-
nance be amended to change the period of six months to- a period of
three months.
The amendment f a lied for lack of a second.
AMENDMENT: Councilman Norton moved, seconded by Beahrs, that
there by added to the proposed ordinance on Page 2, before Section 1,
'Wi EREAS, the City Council finds that construction on parcels of
three acres or less existing on July 6, 1971, would not be disruptive
of the purpose of .he study", and that Section 2 of the proposed ordi-
nance be amended to rtate that owners of parcels of three acres or
less would be able to proceed with development without going through
the exception procedure and owners of parcels of more than three
acres wishing to apply for an exception would go through the pro-
cedure as drafted.
The amendment passed on the following roll call vote:
Ayes: Beahrs, Berwald, Clark, Comstock, Norton
Noes: Dias, Henderson, Pearson, Rosenbaum
1
The motion to adopt the ordinance as amended on an emergency basis
failed for a lack of eight votes on the following roll call vote:
Ayes:
Noes:
Clark, Comstock, Henderson, Norton, Pearson,
Rosenbaum
Beahrs, Berwald, Dias
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7/6/71
MOTION: Councilman Pearson introduced the following ordinance
and moved, seconded by Henderson, its approval fo7 first reading:
"Ordinance of the Council of the City of Palo Alto Establishing
A Moratorium on Subdivisions. Miscellaneous Divisions of
Land, Zone Changes, Use Permits and the Issuance of
Building and Grading Permits in the City of Palo Alto in An
Area Southerly of Junipero Serra Freeway for A period of
Six Months During the Pendency of Studies of the Area, and
Establishing an Exception Procedure"
AMENDMENT: Councilman Norton moved, seconded by Berwald, that
there be added to Page 2 of the proposed ordinance, immediately be-
fore Section 1, "WHEREAS, the City Council finds that construction
on pair eels of three acres or less existing on July 6, 1971, would
not be disruptive to the purpose of the study", and that Section 2 of
the proposed ordinance be amended to state that owners of parceke
of three acres or less would be able to proceed with development
without going through the exception procedure and owners of parcels
of more than three acres wishing to apply for an exception would go
through the procedure as drafted.
The .amendment passed on the following roll call vote:
Ayes:
Noes:
Beahrs, Berwald, Clark, Comstock, Norton
Dias, Henderson, Pearson, Rosenbaum
MOTION: Councilman Berwald moved, seconded by Clark, to con-
tinue this matter for a period of two weeks.
The motion to continue was defeated on a majority voice vote.
The ordinance as amended was approved for first reading or the
following roll call. vote:
Ayes:
Noes:
Berwald; Clark, Comstock, Henderson, Norton,
Pearson, Rosenbaum
Beahrs, Dias
MOTION: Councilman Clark moved, seconded by Beahrs, that staff
be requested to provide Council prior to the second reading of the
ordinance with the actual boundaries of land proposed to be acquired
for open apace and a .sumrnarr bf those lands designa';ed as not
appropriate for acquisition.
The motion passed on a unanirroua voice vote.
Ordinance Establishing Department
of Utilities - Managing Director
MOTION: Councilman Beahrs introduced the following ordinance and
moved, seconded by Dias, its adoption:
Ordinance No. 2611 entitled "Ordinance of the Council of the
City of Palo .Alto Amending Certain Sections of the Palo Alto
Municipal Code to Establish a Department of Utilities under
the Direction of A Managing Director and Setting Forth His
Duties and Responsibilities Therein" (1st reading June 21, 1971)
The ordinance was adopted on a unanimous voice vote.
Vacation of Sewer Easement (CMf?:861:1)
MOTION: Councilman Norton moved, seconded by Dias, that the
matter of vacation of a portion of a sewer easement for outfall sewer
purposes be considered out of order.
The motion passed on a unanimous voice vote.
MOTION: Councilman Beahrs introduced the following resolution
and moved, seconded by Pearson, its adoption:
Resolution No, 4471 entitled "Resolution of the Council of
the City of Palo Alto Ordering the Vacation of a Portion of
An Easement for Outfall Sewer Purposes"
The resolution was adopted on a unanimous voice vote.
Animal Shelter Plans and Specifications (CMR:862: i)
MOTION: Councilman Clark moved, seconded by Beahrs, to ad-
journ the meeting to Monday July 12, at 7:30 p.m.
The motion to adjourn was defeated on the following roll call vote:
Ayes: Beahrs, Clark
Noes: Bcri.eslei_ Comstock, Dias, Henderson, Norton,
Pearson, Rosenbaum
Discussion followed and Mayor Comstock acknowledged receipt of
a petition submitted by Mrs, David Bushnell, 775 Northampton
Drive, bearing 928 signatures, and requesting that low cost muni-
cipal spay and neuter clinics be included in the plans for the Animal
Shelter.
MOTION: Councilman Pearson moved, seconded by Henderson, to
refs tha Mfibject of =lima! ._1_ .. iii w to the
,.....«�. su�sCEr plans and specifications 4asc
rrOrYcts tizziu3lititee___ ---.
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7/6/71
The !notion pass:.d on a majority voice vote.
Council Organization
Mayor Comstock announced that he hoped to make Council committee
and representative appointments within the next week and would make
these public as soon as possible.
Utilities Department Furnishing of
Newcomer Lists to Chamber of Commerce
Councilman Pearson raised the ..latter of lists furnished to the
Chamber of Commerce by the Utilities Department, giving names
and addresses of new residents to Palo Alto.
Assistant City Manager Sipel responded that as of today these
records are no longer available to the Chamber of Commerce.
Alternative means of asking new residents on an individual basis
whether they wish to receive Chamber of Commerce material are
being investigated.
MOTION; Councilman Beahrs moved, seconded by Berwald, to hear
from the public on this matter.
The motion passed on a majority voice vote.
jack Doscher, John R. Doscher & Associates, 339 South San Antonio
Road, Los A itos, publisher of the "Newcomer Guide to Palo Alto",
urged Council to review this matter carefully before preventing
publication of the lists.
Judi Landreth, 4010 Nelson Drive, representing the "Palo Alto
Newcomers Club", which has no relationship to the "Newcomer
Guide", spoke of the benefits afforded newcomers to the area by
this service and requested the Council to continue to make the list
available.
Francis Timms, President, Palo Alto Chamber of Commerce,
stated that the Chamber would be embarrassed if use of the lists
was abused in any way, but the experience so far has been good.
Firemen's Duties
MOTION: Councilman Pearson moved, seconded by Henderson,
that staff be reyuebted to provide Council with a report regarding
firemen's duties.
The motion passed on a majority voice vote.
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7/6/71
1
Agenda for July 12, 1971
Councilman B rwald drew the attention of Council to several subjects
.. _ agenda and said he had
i2, __1471.
expressed his thoughts in memos to Council on the di ferenr. subject;,
inasmuch as he would not be present at the July 12 meeting.
Adjournment
The meeting adjourned at 12:05 a, m.
APPROVED:
Mayor
ATTEST:
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