HomeMy WebLinkAbout10041971MINUTES
city of Palo alto
October 4, 1971
The Council of the City of Palo Alto met on this date at 7:30 p.m.
in a regular meeting with Mayo:; Comstock presiding.
Present:
Beahrs , Berwald, Clark, Comstock, Dias,
Henderson, Norton (arrived 7:35 p.m.),
Pearson, Rosenbaum
Absent: None
Minutes of September 13, J222
There being no corrections; the Min:ites of September 13 were approved
as submitted.
Minutes of Segtzmbzr 2i, 1911
d"4 Kii a�raa�..o w.r.a...o.�
Councilman Henderson requested that the motion at the top of Page 245
be amen.ied to indicate that it was moved by Councilman Pearson and
seconded by Henderson rather than "seconded by staff" as indicated.
On Page 256, second paragraph from the bottom, Councilman Henderson
suggested that the first sentence might be clarified by adding at ti:e
end of Mr. Smith's statement, after the word "corridor", "connecting
Arboretum with El Camino Read".
The Minutes of September 20 were approved as corrected.
Resolution of Appreciation
Mayor Comstock introduced the f4ll.owing resolution and moved, seconded
by Berwald, its adoption:
RESOLUTION NO. 4507 ENTITLED "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTS EXPRESSING APPRECIATION TO
RAYMOND C. STEDMAt' FOR .OUTSTANDING PUBLIC SERVICE"
The resolution was adopted on a unanimous voice vote.
Mayor Comstock requested that any members of Council or the public
wishing to suggest names to fill-- the vacancy on the Human Relations Co-
aiesion created by Mr. Stedman`s resi;-netion, contact the City Clerk's
office.
Resolution of Anexeciation
to City M124gumip, George E. Moroi
Mayor Comstock said he would call on City Attorney Stone at this time.
2 4 S
10/4/71
City Attorney Stone said he wished to 1 tr^.duce a matter of urgent
nature for final action. Inasmuch as this is the last Couxicil meeting
in Palo Alto for City Manager George E. Morgan, he requested Council
to consider a resolution expressing appreciation and extending best
wishes to George E. Horgan upon his resignation.
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Clark, its adoption:
RESOLUTION NO. 4509 ENTITLED "RESOLUTION or THE COUNCIL
OF TFE CITY OF PALO ALTO EXPRESSING APPRECIATION AND
EXTENDING BEST WISHES TO GEORGE E. MORGAN UPON HIS
P? S IGNATI0N
The resolution was unanimously adopted on the following roll call vote:
Acce
an
Ayes:
Beahrs, Serwald, Clark, Comstock, Dias, Henderson,
Norton, Pearson, Rosenbaum
tance of City Mama er's Resi nation
p}' men a tart nn i'7y 1 n,ager
Mayor Comstock
Manager Morgau
MOT ION : Mayor
resignation of
referred to a letter of resignation received from City
dated September 21, 1971.
Comstock moved, duly seconded, that the Council accept the
George E. Morgan with deep regret, effective October 9, 1971.
The motion passed on a unanimous voice vote.
Mayor Comstock assured the community that
with City programa through administrative
MOTION: Mayor Comstock moved, seconded b
George A. Sipel as Acting City Manager of
October 9, 1971.
Council intended to move ahead
lines.
Beahrs, that Council designate
the City of Palo Alto effective
The motion passed on a unanimous voice vote.
Resolution of Ap re iation
MOTION: Mayor Conmtock introduced the following resolution, and moved,
seconded by Pearson, its adoption:
RESOLUTION NO. 4508 ENTITLED "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO THE
MUNICIPALITY OF PALO, LEYTE, REPUBLIC OF THE PHILIPPINES
FOR THE KINDNESS EXTENDED TO MR. A. WILLIAM ELOOM OP THE
CITY OF PALO ALTO"
The re3clvtion was adopted on a unanimous voice vote.
Public Hearing.:
iicaton of Bar . J. Be er for
e roa t •rt s ee
Mayor Comstock stated the public hearing on this matter is new open. He
asked the City Clerk whether an affidavit or publication is on file in the
Clerk's office.
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10/4/71
City Clerk Tanner confirmed that the affidavit of publication of this hearing
is on file.
Mayor Comstock invited the applicant to address the Council.
Frank Crist, Jr., Attorney, Crist, Crist, Griffiths & Bryant, P. O. Box 90,
Palo Alto, representing Harry J. Beyer, Jr. stated his client is petitioning
for relief from Ordinance No. 2612, establishing a six months' moratorium on
subdivisions and development in the Palo Alto foothills. Mr. Beyer is the
owner of 22 acres in the upper foothills area and purchased this property
in 1961. Mr. Crist said his client has suffered severe economical hardship
in complying with requests from the City that he hold back on development of
his property.
Mr. Crist and Mr. Beyer responded to Council's questions regarding the loca-
tion of the property in question.
Mayor Comstock declared the public hearing closed.
City `tanager Morgan and Director of Planning and Community Development Fourcroy
responded to further questions.
City Attorney Stone stated the existing ordinance does not create any liability
for the City and is based on a study in process with staff. It was passed at
a public meeting. He repeated the provisions contained in the ordinance which
might permit Council to grant relief.
MOTION: Councilman Clark Loved, seconded by Pearson, to deny the petition of
Harry J. Beyer for relief from Ordinance No. 2612 establishing a moratorium
on subdivision anal development in the Palo Alto foothills.
The motion passed on a majority voice vote.
Cityas Co -Sponsor for "The Center"
Councilman Pearson, e'ha{ ran of the Policy and Procedures Committee, referred
to the Minutes of the meeting held on September 16, 1971, at which time
the Committee considered the subject of a drug treatment center. She
noted that the Committee had also visited the facilities at Pathway House
in San Joee .
MOTION: Councilman Pearson iu behalf of the Policy and Procedures Committee
moved that the staff be directed to examine the feasibility of the City
acting as co-sponsor for the grant sought by "'The Center".
The motion passed on a unaniracus voice vote.
MOTION: Councilman Pearson, in behalf of the Policy and Procedures Committee,
moved that the s t' be directed to coordi::ate__and supervise a task force
study for the purpose of evaluating and recornending to the Council a
plan for implementing an effective program in Palo Alto to meet the existing
problem of drug use and abuse and defining the City's iole with respect
thereto. Such study to utilize the maximum reasonable active involvement
of community resources. The composition of the task force to be determined
by the Policy and Procedures Committee in consultation with staff.
Discussion ensued anA City Manager Morgan suggested that appointments
to the Committee might be made by the Mayor.
250
10/4/71
Councilman Pearson explained that it was intended that the Policy and
Procedures Committee select possible members for the task force and
appointments be made by the Mayor upon receipt of the recommendations of
the Committee.
AMENDMENT: Councilman Clark moved, seconded by Dias, that the motion
be amended to state that composition of the task force be based upon
recommendations made by the Policy and Procedures Committee submitted
to the Mayor for approval and official appointment.
The amendment passed on a unanimous voice vote.
LENDMEN i : Councilman Rosenbaum moved, seconded by Pearson, that the
motion be amended to place a time limit on the study to be undertaken
by the Citizen's Task Force Committee and that this study be completed
45 days after the first meeting of the Task Force Committee.
The amendment passed on a unanimous voice vote.
The motion as amended passed on a unanit.ous voice vote.
Future Use of Old
ISTM7717i7 cation Building
mayor Comstock acknowledged receipt of letters received from R, Peter Keegan,
1457 Dana Avenue, Palo Alto; Downtown Palo Alto, Inc., 15E. University Avenue,
Palo Alto; and Richard M. Nieto, 951 Dennis Drive, Palo Alto.
Councilman Pearson, Chairman of the Policy and Procedures Committee, discussed
the.. Committee's recommendations with respect to future uses of the old
police/fire station building.
MOTION: Chairman Pearson, in behalf of the Policy and Procedures Committee,
moved that with respect to future uses of the old police/fire station
building the City maaiutein its title to the property; that the architectural
character and aesthetics of the building be preserved and enhanced; that
the building be preserved as a historical site; and that the staff be
directed to prepare preliminary set of criteria and specifications which
can be utilized to seek and evaluate proposals.
Discussion ensued regarding,the Policy and Procedures Committee recommendations,
particularly in reference to the recommendation that the building be pre-
served as a historical site.
Mayor Comstock recognizes'. R. M. Nieto, 951 Dennis Drive, who wished to
speak to this matter.
R. M. Nieto, 951 Dennis Drive, raised questions concerning the deadline
for establishing criteria for future use of this property.
Chair Pearson and Acting City Mana&i Sipel responded to ".r -Nietc'e
quastiona strung that -30 days &tell work are envisioned and then it is
expected that it will take approximately 90 to 120 days for proposals
to be developed by potential developers.
AMENDMENT: Vice Mayor Norton moved, seconded by &eahre, that the motion
be amended to include the words "for the foreseeable future" as foliage;
"...that the City maintain its title to the property 'for the foreaeeable
future", and, secondly, "that the building he pr.eassrved 'for that fortseezb1
future' as __3 "-to-Iasi-site."
251
10/4/71
Discussion of the proposed amendment followed.
The amendment passed on the following roll call vote:
Ayes: 13eahre, Clark, Comstock, Norton, Rosenbaum
Noes: Berwald, Dias, Henderson, Pearson
The motion as amended passed on a unanimous voice vote.
Recommendation of the Human Relations
- & n.tssicrrs re Santa ara nt P1ann
Po c tree out on a oInt
t_ +aa�-County Hous�g �Eleaaent
fl
MOTION: Mayor Comstock roved, seconded by Pearson, that the
of the Human Relations Commission that the Council adopt the
policies contained in the first two pages of the Santa Clara
Policy Committee Resolution on a Joint Cities -County Housing
referred to the Planning Commission..
The motion passed on a unanimous voice vote.
Amendrrsut t' the Palo Alto
n ca a to raV ae or
Sense- Mlcutes
1411
recommendation
goals and
County Planning
Element, be
MOTION: Councilman Pearson Introduced the following ordinance
seconded by Henderson, its approval for first reading:
OR,DIN&NCC OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 2.04.200 OF THE PALO ALTO MUNICIPAL
CODE TO PROVIDE FOR "SENSE" MINUTES OF THE PROCEEDINGS
OF THE CITY COUNCIL
and moved,
The ordinance was approved for first reading on a majority voice vote.
Amendment to the PAMC
1 onreeident 1Fitnr
or Part-time City Emplojees
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Vice Mayor Norton, its adoption:
ORDINANCE NO. 2527 ENTITLED "ORDINANCE OP THE COUNCIL OF
THE CITY OF PALO ALTO A ENDING SECTIONS 2.24.140, 5.20,.230(h)
AND 22.04.150(a) OF THE PALO ALTO MUNICIPAL CODE TO PERMIT
USE OF THE PALO ALTO REFUSE DISPOSAL AREA AND FOOTHILLS
PARK AY N:ONR a7..2 a' REUULAR OR PAR lIME CITY EMPLOYEES AND
TO UC2EAS'E TEMPORARY u7SABILITY PAYMENTS" (first reaming
9/13/71)
The ordinance was adopted - on a unanimous voice vote.
Amendment to the Palo Alto M4nicizat
tads to katablish Underground
£riot: * er 14
MOTION: Mayor Comstock introduced the following ordinance and moved.
seconded by Pearsou._1ts MOWnn:__
252
10/4/71
ORDINANCE NO. 2628 ENTITLED "ORDINANCE OF THE COUNCIL )F
THE CITY -OF PALO ALTO AMENDING SECTION 12.16.020 OF CHAPTER
12.16 OF TITLE 12 OF THE PALO ALTO MUNICIPAL 'CODE BY
ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER BER FOURTEEN"
(first reading 9/13/71)
The ordinance was adopted on a unanimous voice vote.
Resolution Declaran Intention
Q o.nt t er
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Beahrs, its adoption:
RESOLUTION NO. 4510 ENTITLED "RESOLUTION OF THE COUNCIL OF
THE CITY 0? PALO ALTO DECLARING ITS INTENTION TO APPOINT A
CITY MANGER='
The resolution was adopted on p, unanimous voice vote.
A olicatiou for Alcoholic
everaga L cense -- The ine Jarrell.
Mayor Comstock ssked City Manager Morgan to report.
City Manager ?organ stated this is an applico.tion for an "off -sale beer
and wine" license of the above -named establishment. He stated the City
has neither reason to file nor grounds to sustain a protest.
MOTION: Councilman Pearson moved, seconded by Comstock, that the application
of The Wine Barrell, 4315 El Cassino Real, Palo Alto, for an "off -sale
beer and wive" license be filed without protest.
The notion passed on a unanimous voice vote.
Police Department Overtime
endlur. (CM : 9 7 :1)
Mayor Comstock asked City Manager Morgan to report.
City Manager Horgan stated -that the request for Council to adopt an ordinance
amending the budget for fiscal year 1971-1972 to make an appropriation
of $10,000 for Police Department overtime salaries has been made necessary
by the high level of activity of actuel or potential disc rbences within
the community since July 1, 1971.
.Discu.asion followed and City Attorney Stone responded to a question stating
that recovery of these funds b7 rsteing the level of fines within tha City
is not possible.
Mayor Comstock said Council would now hear from members of the audience
who had requested to epeaik to this matter.
Leslie Nsassa, 1969 1/2 University, spoke in opposition to the transfer
of funds to provide for the increase in police overtime costs.
Kathy Mayering, 1030 Fitz, requseted Council reconsider the 11:00 p.m. Bound
ordinance curfew and the 10:00 p.m. curfew en minors.
253
1014/71
Peggy Kinderman, 725 Cowper, spoke in opposition to the adoption of the
ordinance,
Joseph D. Harrington, 1788 Oak Creek Drive, Palo Alto, appealed for peace
within the cemmunity, particularly understanding between police and youth
in Palo Alto.
Bob Griffin, 885 Clara Drive, echoed the sentiments expressed by Mr.
Herrington.
Allison Holman, 1969 1/2 University, spoke in opposition to the transfer
of funds for police overtime.
Irwin Lenenberg, 656 Che ing, spoke in opposition to the transfer of
funds for police overtime.
Jeffrey Youdeiman, 720 Waverly, spoke in opposition to the transfer of
funds for police overtime.
Discussion ensued regarding recent event at the Plaza on Saturday
evenings,
Tim Gadus, 2570 West Bayshore, spoke in opposition to the transfer of
funds for police overtime.
Paul Sampson, 3992 Bibbers, spoke in opposition to the transfer of funds
for police overtime.
Kari Collins, 321 Addison, and Leslie Nassax, 1969 1/2 University, added
fuether couznents.
MOTION: Mayor Comstock introduced the following ordinance and moved,
seconded by Baahra, its adoption:
O»tDINANCE NO. 2629 KNTITLED "ORDINANCE OF THE COUNCIL OF
TPX CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL
YEAR 1971/1972 TO FAKE A SUPPLEMENTARY APPROPRIATION TO
THE POLICE DEPARTMENT BUDGET TO PROVIDE FOR THE INCREASE
IN OVERTIME COSTS"
The ordinance was adopted oa a unanimous voice vote.
1971 1972 Weed Abatement Pro ram ---
Mayor Co.astock asked City Manager Morgan to report.
City Lager Mogan reported on bidet received and recommended that Council
award contracts to the ?o•„ bidders.
MOTION: Councilman Berwa d moved, seconded by Norton, that the Council
sward a contract in the amount of $9,259.00 -to C. J. Simms Company, Inc.,
Cupertino, for dicing and hand abatement, and a contract in the amount
of $16,476.50 to Say Peat Control, General Division, San ?ateo, for the
chemical spraying, and that the Mayor be authorized to execute these
contracts in the total Amount of $25,735.50 in behalf of the City.
The motion pasaei on a unanimous voice vote.
2 5 4
10/4/71
East sac > o;ment Act of 1971 ---
suviXc End oymen rojram 938:1)
Mayor Comstock asked City Manager Morgan to report.
City Manager Morgan stated that, as reported previously, the City has
now been successful in obtaining funding through Santa Clara County for
11 Federally supported jobs under the Emergency Employment Act (ERA)
of 1971. He outlined the details of the proposed positions and stated
that staff recommended Council adopt an ordinance amending the budget
for fiscal year 1971/1972 and also the Compensoti.on Plan to authorize
the creation of 11 positions as indicated. Further, it is recommended
that Council euthorize.eee'ution of the agreement with the County of
Santa Clara.
Discussion followed, with questions being raised as to what right happen
to persons employed under this prograz after two years, should the Federal
funding cease at that. time.
Mayor Comstock recognized Mr. William Black, who had requested to speak.
to units natter.
Mr. William Black, Director, Information Canter, East Palo Alto, 1849
Bay Road, East Palo Alto, said he sished to share with Council the experiences
of San Mateo County since August, 1971, in connection with the "War on
Poverty". He expressed concern about what might happen to persons eazployed
under thi.s program when Federal funds are withdrawn, and urged Council
to give consideration to the future permanent employment of these persons.
City Manager Morgan responded stating that there are various guidelines and
noting that one of the requirements is employment of persons residing within
the County in which the City receiving funds is located.
MOTION: Councilman Clark introduced the following resolution and moved,
seconded by Berwald, its adoption:
RESOLUTION NO. 4511 ENTITLED "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO AMEND:iNG RESOLUTION NO. 4496 (COMPENSATION
PLAN POR CZR.TAIN CITY PERSONNEL) TO ADD ELEVEN POSITIONS TO BE
PUNTED UNDER THE EFXRGENCY mmpuJrAwr ACT OF 1971 (PUBLIC
EP: I_,arKENT PROGRAM) "
Further discussion ensued regarding the possibility of the eleven EEA
employees eventually assuming permanent positions as and when vacancies
occur in the City.
The resolution was adopted on a unanimous voice vote.
MOTION: Councilman Clark introduced the following ordinance and moved,
seconded by Servald, its adoption:
ORDINANCE NO.
2630 ENTITLED . "ORDINANCE OF TRF COUNCIL OF
THE CITY OF PALO ALTO AMENDING THE BUDGET FOR 'THE FISCAL
YEAR 1971/1972 TO PROVIDE POR-IMPLEMMTATION OF ELEVEN
ADDITIONAL POSITIONS TO BE FUNDED UNDER THE FEDERAL
EMERGENCY EM LOY: ENT ACT OF 1971 (PUBLIC M' SFLOYHNTT PROGRAM)"
The ordinance was adopted on a u>znimous voice vote. -
2 5 5
10/4/71
MOTION: Coun_ilman Clark moved, seconded by Berwald, that the Mayor
be authorized to execute the agreement with the County of Santa Clara,
which is acting as Program Agent under the Emergency Employment Act of
1971 -- Public Employment Program.
The motion passed on a unanimous voice vote.
Matadero Canal Storm Drain and
"Pro 41 ra tat : $40 :1)
Mayor Comstock asked City Manager Morgan to report.
City Manager Morgan stated that the Santa Clara County Flood Control
and Water District had requested a formal eaaenent from the City of Palo
Alto to enable the District to proceed with necessary and vital flood
control improvements.
MOTION: Councilman Ber ald moved, seconded by Rosenbaum., that the Mayor
be authorized end directed to execute the easement or. behalf of the City
of Palo Alto with the Santa Clara County Flood Control and Water District.
The motion passed on a unanimous voice vote.
1971/1972 Sealth
Fr� aje :1)
Mayor Comstock asked City Ma.nnager ''organ to report.
City Manager Morgan stated that the resurfacing improvements recommended
represent the results of ae acnual street survey. A low bid has been
received in the amount of $23,0730.00 for resurfacing and slurry sealing
of those streets or portions of streets requiring this treatment.
Councilman Beriald moved, seconded by Beaters, that the contract
be awarded to Ted R. Jenkins and that the Mayor be authorized to execute
the contract in the amount of $23,080.00.
roa motion passed on a unanimous voice vote.
tonal Waste Water Treatment Works:
verty
MOTION: Councilman Pearson introduced the following resolution and mov!..d,
seconded by Beaters, its adoption:
RESOLUTION NO. 4512 OTITLED "E SOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO FINDING AND DETERMINING THAI THE
PUBLIC INTEREST :NND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN LAND f 1 EGIONAL WASTE WATER TREATMENT W)RX ,
PROJECT 69-77)"
The resolution wns adopted on a unanimous voice vote.
in of , _ In , Director
:t43:
Mayor Comstock asked City Manager Morgan to report.
City Manager Morgan referred to his written report in which he recommended
to Council that Warren L. Dsveralb am:Annt „- luaagliii Director of utilities.
2 5 6
10/4/71
MOTION: Councilman Beahrs moved, seconded by Norton, that the Council
approve the appointment of Warren L. Deverel as Managing Director of
Utilities, as recommended by the City Manager in accordance with Section
2.08.020 of the Palo Alto Municipal Code.
The motion passed on a unanimous voice vote.
Transfer of Funds Within the Arts
Mayor Comstock asked City Manager Morgan to report.
City Manager Morgan explained that an opportunity had arisen to purchase
a fine Baldwin 9 -foot concert grand piano at approximately one-half the
regular price, at a cost of $5,250.00 to the City.
MOTION: Councilman Clark introduce' the following ordinance and moved,
seconded by Beahrs, its adoption:
ORDINANCE NO. 2631 ENTITLED "ORDINANCE OF THE COUNCIL OF
THE CITY OF PALO ALTO A3fNDING THE BUDGET FOR THE FISCAL
YEAR 1971/1972 TO TRANSFER FUNDS WITHIN THE APPROPRIATION
OF THE ARTS DEFAR,TMEN i TO PROVIDE FOR THE PURCHASE OF A
CONCERT GRAND PIAN9'°
The ordinance was adopted on a unanimous voice vote.
Montgomery v. City of Palo Alto, et al.
Mayor Cometock asked City Attorney Stone to report.
City Attorney Stone reported that the above -mentioned lawsuit, which
attacked the validity of the subdivision of the property at 900 University
Avenue into four lots of 10,000 square feet each, has been dismissed
with prejudice as to the City by the plaintiff. He noted that dismissal
of the suit completely. vindicates the methods and result of the property
division.
Mayor Comstock thanked City Attorney Stone and noted that no action is
required by Council.
etisal Shelter and S a and Neutar li C nic
prajotc o. -
MOTION: Vice Mayor Norton wed, seconded by Berwa.ld, that Item So.
24 on the agenda, Ordinance Amending the Budget to Make Additional Appropriation
for the Animal Shelter Relocation, be considered out of order following
they Executive Session.
The motion was adopted on a unanimous voice vote,
Executive Session
Mayor Comstock announced Council would adjourn to an Executive Session.
The Council adjourned to Executive Session from 9:50 to 10:50 p.m.
Animal Shelter and S and Neuter Clinic
Mayer Comstock acknowledged receipt of many letters received on this
subject and noted that Council had had the opportunity to review these
this evening.
MOTION: Councilman Henderson introduced the fo?1cwing ordinance and
moved, seconded by Norton, its adoption:
ORDINANCE NO. 2632 ENTITLED "ORDINANCE OF TTUE COUNCIL OF
THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL
YEAR 1971/1972 TO MAKE ADDITIONAL APPROPRIATION FOR raE
ANIMAL SHELTER RELOCATION, PROJECT NO. 70-11 TO PROVIDE A
FACILITY FOR A SPAY AND NEUTER CLINIC"
The ordinance was adopted on the following roll call vote:
Ayes: Beahrs, Berwald, Clark, Comstock, Henderson, Norton,
Pearson, Rosenbaum
Noes: Dias
Councilman Henderson coved, seconded by Norton, that staff be directed
to prepare construction plans and specifications and solicit. bids for
Project No. 70-11 to provide a facility for a spay and neuter clinic.
The motion passed on a majority voice vote.
CAc'haan o of District:
ane P .ii11 Road
to Lr ommercial LigL1:1.
Mayor Comstock asked Director of Planning and Community Development Pourcroy
to report.
Mr. Fourxxoy stated that this matter had been continued from September 7,
1971, le4 accordance wltu the applicant's request for a continuance of
30 days so that they might provide materials which would substantiate
their claim that United California Bank is unable to find an alternative
location for the proposed bank in the central business district.
Mayor Comstock stated Council would hear from the applicant at this time.
Frank Lea Crist, Jr., Attorney, Crist, Crist, Griffiths 5 Bryant, 550 Hamilton
Avenee, representing the applicants Carl A. Rolvick Si Company, and Kulakoff
Realtors, referred Council to his letter dated September 30, 1971, and
tbs attached copy letter fro United Cali'ornia Bank dated September 28,
1971, addressed to ifr Crist. He noted that that the rption on the bank's
offices at 2700 El Craaina Reel exrizee next January 18, and that the
bank has been looking for an alternative location in the district for
the lest three years.
Thomas E. Anderson, Assistant Vice President, Locations and Property
Acquisition, Corporate Facilities, United California Bank, San Francisco
Headquarters, stated that the bank has reviewed numerous other locations
in the proximate vicinity of their present facility and, with the exception
of the proposed sate, all have been found to lack one or mere of the
key *laments for a successful hjs k c t .ration.
Mayor Comstock invited Planning Commissioner, Larry Klein, to explain
the Planning Commission's' reasons for recommending denial -of this application.
Planning Commissioner Klein stated that the Commission considered the
burden of proof in connection with a change of zoning to be the responsibility
of the applicant, and secondly, the Commie -ion, in recommending denial,
considered that there ars sufficient locations already zoned C-1 and
C-2 in the area and along El Camino Real for the applicant to find an
alternative location, Re added that the Commission felt such zoning
should be limited to El Camino Real and not be extended along Page Mill Road.
MOTION: Councilman Pearson moved, seconded by Comstock, to uphold the
recommendation of the Planning Commission to deny the application of
Carl A. Holvick & Company and Kulakoff Realtors for a change of district
at 835 and 845 Page Mil? Road from L -M -S to P -C (Commercial Bank) .
The motion to uphold the recommendation of the Planning Commission failed
on the following roll call vote:
Ayes: Comstock, Henderson, Pearson, Rosenbaum
Noes: Beazars, Berwald, Clark, Dias, Norton
MOTION: Councilman_ Clark moored, seconded by Beahrs, that the application
be returned to the Planning Co uissiou for final requirements with regard
to landscaping and the Planning Commission tco return to the Council with -
the appropriate P -C ordinance.
Further discussion ensued and Mr. Crist answered Council's questions.
City Attorney Stone noted that the action of the Planning Commission could
be either to recommend the appropriate P -C ordinance or to again recommend
denial of the application.
Vice Mayor Norton requested that the
amendment that the application for a
floor of the property at 835 and 845
to apply to the second floor.
record reflect the applicant's oral
P -C is for banking on the first
Page Mill Road, with L -f -`S to continue
The motion passed on the following roll call vote:
Aysa: Beahre, Berwald, Clerk, Dies, Norton
Noes: Comstock, Henderson, Pearson, Rosenbaum
Willow Expressway or Freeway
Mayor Comstock asked Councilluan Henderson to speak to this item.
Councilman Henderson stated that he had first presented this resolution
to Council on September 20, 1971, and at that time it was ascended and
continued to this date. He asked Council to join with him Ln stating
its policy and opposition to Willow Expressway or Freeway.
MOTION: Councilman Henderson . introduced the following resolution and
moved, seconded by Comstock, its adoption:
BESoLUFInoa nn 1122 C1.L OF THE CITY OF PALO ALTO STATING
ITS POLICY IN_ l"l',; Tom: -L-; ILLtflJ RESSWAY OR FREEWAY
259
10/4/71
See page
272
See page
272
Discussion ensued with Council members stating their reasons for not
wishing to take a position on this matter at this time.
MOTION: Councilman Dias moved, seconded b} Clark, to table the proposed
resolution re Willow Expressway or Freeway.
The motion to table passed on the following roll call vote:
Ayes: Beahrs, Berwald, Clark, Dias, Norton
Noes: Comstock, Henderson, Pearson, Rosenbaum
joint Exercise of Powers Agreement --
1a[is fransxrtation 3emorastration Program
Zayor Comstock asked Councilman Berwald, as alternate representative
to the Joint Transit Authority, to report.
Ce cilmau Berwald stated that at the meeting of the San Jose - Palo
Alto Transit Authority on September 23, 1971, it was suggested that
an amendment be made to the Joint Powers Agreement that would allow
the expending of monies within certain limitations before final
of the contract is received but after authorization is received from
the Federal Government.
City Attorney Stone responded to questions regarding responsibl li`y
for any debts incurred in the event that this amendment is adopted and
if, for some reason, the federal grant does not materialize. He stated
extent of the amendment is that the planning phase will begin upon
receiving the "go ahead" from the Federal Government. At a later time
the grant Agreement and the Federal money will be coming from the government
to the Transit Authority. However, the Agi ent states that the Transit
Authority may not spend federal money unless the parties to the agreement
(San Jose and Palo Alto) approve the Grant Agreement. This would be
stricken from the agreement. He said that Mr. James Boring of the
Transit Authority would comment further.
James Boring, Acting Project Manager, Transit Authority, related details
concerning the amendment and its effect upon the Agreement.
MOTION: Councilman Beahrs ;moved, seconded by Dias, that the matter
of an s *+d�rt to the Joint Exercise of Powers Agreement between the
City of San Jose and the City of Palo Alto for a Mass TrLaeportation
Demonstration P:ogram be continued to October 12, 1971.
The motion passed on a unanimous voice vote.
Webster Souse Property
Mayor Comstock asked Councilman Berwald to speak to this item.
Councilman Berwald referred to his memo to Council dated October 1, 1971,
and made the following ae t ion :
MOTION: Councilman Berwald moved, .ecaaded by Norton, to refer the
matter of Webster Howse property to the staff (City Meneger in consultation
4h C:ti Att. ey end dousing Ccrporation) with a directive to examine
- --- - ----------- ------
ths fa$Ribi?ity of municipal partitipaticn, to determine and cOaysy- --
to the Council necessary facts and information regarding zoning, property
2` 0
10/4/71
values, price, suitability for low -moderate income housing (including
optional mix of mateet price and Low-vodere~e income housing) and to
suggest feasible alternatives. Such a study should not exclude exploration
to determine possible availability of the Roller and Hapgood property
or, alternatively, surface rights easements on the undeveloped portions
of same.
Tha motion passed on a majority voice vote.
Policy end Procedures Committee
Councilman Pearson announced that the Policy and Procedures Committee
will now meet on Wednesday, October 20, at 7:30 p.m. and that the meeting
scheduled for Tuesday, October 5 is cancelled. The agenda published
for October 5 will be considered at the October 20 meeting.
Anuua1 Financial Report 1970/1971
Mayor Cc stock referred to a report da$:ed September 15 from the City
Controller requesting that the Annual Financial Report for fiscal year
1970/1971 be referred to the Committee on Finance and Public Works.
MOTION: Mayor Comstock moved, duly seconded, that in accordance with
the rec r7- ndation of the City C,ntrolleL the Annual Financial Report
for Yiscal Year 1970/1971 be referred to the Committee on Finance and
Public Works for its specific review.
The motion passed on a unanimous voice vote.
Finance and Public Works Committee
as o e t r -, /
ri—
Vice Mayor Norton„ Chairman of the Finance and Public Works Committee,
drew the attention of Council to the Committee's Minutes of Septeuaber 14;
and said that the Committee's recomneudation on CATV would be on the
Council agenda for October 12, 1971. He requested the Council retain
the Corasittee: Minutes for reference at that time.
Proposed Lesolution Re
Scutheast Al an C0nfLet
Mayor Comstock stated that he had received a proposed resolution from
Joseph G. Carleton and the Reverend Louis H. Riley. Re asked City Attorney
Stone how to procsed in order to place this matter before Council this
evening.
City attorney Stone stated that unless the resolution was deemed to
be of urgent nature by the City Council, City Manager or City Attorney,
the proposed resolution could not be acted upon this evening, inasmuch
as it does not appear on the published iwendA,
MOTION: Mayor Comstock moved, seconded by Pearson, that the proposed
resolution regarding the U. S. role in the Southeast Asian Conflict
be considered by Council at this time, inasmuch as it contains a request
that the City of Palo Alto proclaim October 13, 1971, as day of Citizen
Dedication to Peace, and encourages appropriate community observance
of this day.
The motion to consider the proposed resolution on the Southeast Aa
Conflict at this tuns failed on a majority voice vote.
261
10/4/71
11-51 d Develn nt
San a of o an Street
Mayor Comstock referred to a letter he had received from Mayor William
L. Herfurth of Mountain View dated September 23, expressing willingness
to meet with City of Palo Alto Council representatives and residents
from the area to discuss this matter.
Discussion followed regarding representation from the City of Palo Alto
and it was noted that three Councilmen will represent the City of Mountain
View at the meeting. Mayor Comstock stated it was his intention to
attend the meeting together with Hrs. Mary Gordon, Chairman, Planning
Commission, and a representative from the City Manager's office. He
noted that any member of the Council wishing to attend is welcome to
do so.
Oral Communications
1. David Stager, 1948 Edgewood Drive, Palo Alto, addressed Council
regarding the possibility of establishing a City -operated motor-
cycle park.
2. Randall Espinosa, 2657 Cowper, addressed Council regarding a
motorcycle park.
3. Councilman Berwald noted that this evening marks the final meeting
for City Manager George E. Morgan. He expressed gratitude and
appreciation for Mr. Morgan's service to the City of Palo alto,
and also his personal friendship.
4. Mayor Comstock noted that Mrs. Pearson had announced a change in
date for the Policy and Procedures Committee meeting. He stated
that the Finance and Public Works Committee which had been scheduled
to meet on October 13, 1971, would now meet on October 19, 1971.
5. 14ayor Comstock announced that the next Council meeting will be
held on Tuesday, October 12, 1971, at 7:30 p.m., instead of
October 11, 1971, the regular meeting day, which is Columbus Fay.
L YON: Mayor Comstock moved that the October 12 meeting be
scheduled for Gunn High School, instead of being held in the
Council Chambers.
The motion failed for lack of a second.
Ad, caurnment
The meeting was atdiiourn at 12:15 a.e.
ATTEST:
APPROVED:
Mayor
-' 6
><y Mork