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HomeMy WebLinkAbout101219711 1 M1NUTES city of palo alto October 12, 1971 The City Council of the City of Palo Alto met in Executive Session on this date at 7:00 p.m. in the Council Conference Room, with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark (arrived 7:10 p.m.), Comstock, Dias, Henderson, Norton (arrived 7.29 p.m.), Pearson, Rosenbaum Absent: None The Executive Session adjourned at 7:40 p.t. The Council of :he City of Palo Alto met ou this date at 7:40 p.m. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Dias, Henderson, Norton, Pearson, Rosenbaum Absent: None Coiiwunity Antenna Television Mayor Comstock asked Vice Mayor Norton, Chairman of the Finance and Public Works Committee, to report. Vice Mayor Norton reviewed the Committee's recommendations of Septe,.ber 14, 1971, and stated that the subject or CATV is still before the Committee, and a Citizens Task Force Committee, to be appointed, will sake an indepth study. MOTION: Vice Mayor Norton moved, on behalf of the Finance and Public Works Ccxmittee, that the Mayor be authorized to appoint a Citisena Committee of approximately eleven members and consisting of one Council member as Chairman, a representative of the Palo Alto Unified School District, repre- sentatives from such groups ac the Chamber of Commerce, League of Women Voters, etc., a representative of youth, and citizens interested in CATV; and that the comami t tee charge be: a) Review in depth the area of local program origination including, but not limited to, 1) general program content; 2) organizational alternatives; b) Develop a program by whirh a cable tele,ision system can be financed, 1) utilizing existing City find resources; 2) utilizing other fund sources; c) Assess the interest of other communities in joining with Palo Alto to provide cable televicieu. Discussion followed regarding the recommendation contained in the motion that the Citizens C mittee ha chaired by a Council member. AMENDMENT: Councilman Pearson moved, aeconded by Venderson, that the recommendstion of the Finance and Public Works Committee be amended to 2 6 3 10/12/71 remove the provision that the CATV Citizens Committee'be chaired by a G_t,unci luan , SUBSTITUTE AMENDMENT: Vice Mayor Norton moved, seconded by Pearson, that the following amendment be substituted: That the recommendation of the Finance and Public Works Committee be wended to the extent that the provision that a Councilman be a member or Chairman of the Citizens Committee is to be taken as an advisory recommendation only. The substitute amendment passed on a majority voice vote. AMENDMENT: Councilman Berwald moved, seconded by Dias, that the recom- mendation of the Finance and Public Works Committee be amended to state Chat the Mayor be authorized to appoint the Committee, subject to the approval of the City Council. The amendment passed on a unanimous voice vote. The riotien as arne.idad passed on a unanimous voice vote. Mayor Comstock announced that he was anxious to receive recommendations for membership on the CATV Citizeoa Committee from members of the public and the Council. San Jose/Palo Alto Transit Autherit- e r�se:aEafi�nn torn a o to Mayor Comstock announced that he had received a letter dated October 4 from . Councilman Dias announcing, with regret, that she wished to resign from the position of appointment to the San Jose/Palo Alto Transit Authority. Mayor Comstock requested Council members to advise him if they could assume this appointment. C tizen Task Force Committee or us a u,� e ro ram Mayor Comatoek announced that Councilman Pearson had co. piled a list of recommendations for membership on the Citizens Teak Force Committee for a Drug Abuse Program, and that sixteen appointments had been made to this Committee, the Chairman to be Dr. Allan Seid. Changeof the P -C vel De merit Plan est- r ton ?LOTION: Couiacf tmenPemrson introduced the following re olutien-=A saved, seconded by, Norton, its -i pti n: RESOLUTION NO. 4513 E'Ti1TLED "RESOLUTION OF T1 E COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE NO. 2565 FOR PROPERTYOVA AS 488 WEST CHARLESTON ROAD TO !'MANGE THE DEVELOPMENT PLAN" The resolution was adopted on a unanimous voice vote. 1 1 2 6 4 10/12/71 Subdivision - )250 Middlefield Road MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Clark, its adoption: RESOLUTION NO. 4514 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OP PALO ALTO APPROVING A SUBDIVISION MAP FOR APPROXIMATELY 9.235 ACRES OF LAND GENERALLY KNOWN AS 3250 MIDDLEFIELD ROAD, GRANTING EXCEPTIONS TO FRONT SETBACK AND LOT SIZE REQUIRMENTS, SUBJEC'.' TO CONDITIONS" The resolution was adopted on a unanimous voice vote. 1 1 Youth Advis1ny Council Request Re: MITIMITaions Fes tival Mayor Comstock invited Boyd Haight, Chairman of the Youth Advisory Council, to speak to this item. Mr. Haight said he had no comments. MOTION: Co!encil: an Fenderson introduced the following resolution and raved, seconded by Clark, its adoption: RESOLUTION NO. 4515 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUPPORTING THE UNITED NATIONS FESTIVAL" The resolution was adapzed on a unanimous voice vote. l'o'luth Appreciation �•eeeek? Mayor Comstock announced that he has proclaimed November 8-14, 1971, as Youth Appreciation Week. He stated he wished to present the original of this Proclamation to Boyd Haight, for the youth of the City of Palo Alto as an expression of appreciation. reement with Community Iiousin Inc. Mayor Comstock asked Acting City Manager Sipel to report. Acting City Manager Sipel outlined the terms of the agreement for purchase of this property. MOTION: Councilman Beahrs moved, seconded by Berwald, that the Mayor be authorized to execute the agreement between the City of Palo Alto and Community Housing, Inc. for the purchase of the Lytton School property. Assistant City Attc ney Norek responded to questions concerning the agree- ment. E. Horton Schaffran, Presidents E. M. Schaffran & Co., 311 California St., San Francisco, consultant for Community Housing, Inc., responded to further questions regarding financi'g the project under Federal Program 221 D-3 and FHA 236. Comma Loma Heade rem, property purchase: rortn�-ted City cQntroiter Mitchell's opinion an this 265 10/12/7t Responding to questions, Al Mitchell, City Controller, stated that the Agreement appears to be advantageous to the City of -Palo Alto, especi- ally in light of the provisions permitting the City to repurchase the property and its improvements for the sum of $1 or sell its option to Community Housing, Inc., for $300,000 within approximately 40 to 45 years after the initial purchase. The motion passed on a unanimous voice vote. Ta ins of Council Meetinu. (CMR:946:1) Mayor Comstock asked Acting City Manager Sipel to report. Acting City Manager Sipel said staff had responded to Council's request to report back to them on: 1) listening facilities and arrangements for tapes of Council meetings; 2) storage facilities for tapes; and 3) legal implications of long-term storage. MOTION: Councilman Eeahrs moved, seconded by Clark, that the Council adopt the policy recoemer:dations of the Acting City :onager, namely that tapes be made available for public listening only after the City Clerk has finished dictating the Minutes (four or five corking days after a meeting), that the tapes be made available for public listening on Mondays from 5:00 a.m. to 3:00 p.c. and at other times, subject to arrangement between the person wishing to listen to the tapes and the City Clerk's Office. That facilities for listening be located in the front office of the City Clerk: that the public shall not be allowed to create new tapes from the meeting tapes, and that tapes of City Council meetings be retained for a period of two months and thereafter be destroyed or erased. Discussion followed concerning the retention period with Councilman Pearson stating that she would like to see tapes retained for a period of one year. AMENDMENT: Councilman Pearson moved, seconded by Henderson, that the motion be amended to:change the retention period from two months to one year, and that after one year the City Clerk should evaluate the entire taping and listening situation and report back to Council. Discussion followed regarding what the retention period should be, with special reference to the City Attorney's statement that retention of tapes for a longer period than two months might result in the tapes being eub- jeet to the California Public Records Act, (Section 6250 et seq. Govern- ment Code), which states which records, if retained, must be made avail- able for public inspection, and those which may be withheld at the dis- cretion of the agency retaining such records. It waa noted that 3n the opinion of the City Attorney, retaining the taperecordingsfor any significant length of time after the printed Minutes are approved could bring them within the ,jurisdiction of the Act. It was further noted that where the printed Minutes are reduced in length from the actual tape recorded material, if the recordings are available for public in- spection, they are likewise available for subpoena or impoundment under court order, in which case they could be used to reach the written Minutes. AMENDMENT: Councilman Beahrs moved that the motion be amended to pro -- vide for tape recordings of Council proceedings to be retained in perpetuity. The amendment failed for lack of a second. 266 10/12/71 The amendment to retain tapes for a period of one year and then evaluate the situation failed on the following roll call vote: Ayes: Comstock, Henderson, Pearson, Rosenbaum Noes: Beahrs, Berwald, Clark, Dias, Norton The motion to adopt the recommendations contained in the City Manager's report and to retain tapes for a period of two months, to be erased or destroyed after this period, passed on a unanimous voice vote. Charge of Zoning 690 Arastradero Road Mayor Comstock acknowledged receipt of extensive correspondence on this zone change and stated that all letters received had been distributed to Council. MOTION: Councilman Berwald introduced the following ordinance and moved, :seconded by Beahrs, its adoption: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO A.MENDIrG SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE CHANGING THE ZONING OF CERTAIN PROPERTY KNOWN AS 690 ARASTRADERO ROAD FROM R-1 AND R-1:8-10 TO P -C" Mayor Comstock stated that Council. :could hear from the Chairman of the Palo Alto }lousing Corporation, the proponents of the development, and members of the public. He also referred to a proposed amendhent to than ordinance, distributed to Council in advance by Councilman Rosenbaum. Councilman Berwald read a statement noting that he is President of the Pastoral Council, Roman Catholic Archdiocese of San Francisco, which is an advisory body to the Archbishop of San Francisco. I' smuch as the Roman Catholic Church owns the property at 690 1+rastradero Road, he said he had consulted the City Attorney to insure that no conflict of interest exists. Councilman Berwald stated Chet he would participate in the dis- cussion and vote on this item. . Mayor Comstock invited Louis Goldsmith to address the Council. Louis Goldsmith, President, Palo Alto Housing Corporation, P.O. Box 11021, Station "°A", Palo Alto, referred to the Corporation's statement of Octo- ber 6, 19)1. which detailed the Corporation's position concerning the proposed zone change and in particular the proposal of Gerson Baker, Inc., and Cornish & Carey to make available to the dousing Corporation or other entity a parcel of property on Channing Avenue, just off Middlefield Road, at a price which would result in a land cost of down to $2,000 a unit for the purpose of providing low/moderate income housing th_eeenn. :e stated that the results of the Housing Corporation's study indicated that they would not wish to develop 9 units on the Channing site at this time, nor would they wish to sponsor/am/manage/operate 9 units there if Gerson Zakar Inc. builds theca. Further, the Housing Corporation feels that private developers should assume responaibility for pro- viding low/moderate income housing whenever possible. The Housing Cor- poration desires to cooperate whenever it is feasible, but direct parti- cipation in the proposed Channing Avenue development at this time mould require extensiveefforts on the part of the Corporation which the Corporation feels could be better devoted to larger opportunities. 2 6 7 10/12/71 As an alternative, if there are no feasible direct means for the developer to provide the requisite low/moderate income housing, the Housing Corpora- tion would be willing to buy the Channing Avenue property for $18,000 for future development, trade or sale for low/moderate income housing, such use by the Housing Corporation to be subject to approval by the City. Mayor Comstock stated that Council would hear from the developers at this Mr. Scott T. Carey, representing Cornish h Carey, 150 University, Palo Alto, and Gerson Baker, Inc., developers of the proposal for 690 Arastradero Road, stated that since this matter was before Council on September 7, 1971, certain revisions have been made to the application for a change of district and these changes were submitted to Council in a letter dated October 6, 1971. Basically, these amendments are: 1) to open up to Hetch Hetchy right-of-way by relocating the guest parking and providing for a future bicycle path; and 2) the townhouses facing Hubbartt Drive have been eliminated and replaced with three detached single story houses, resulting in a decrease in overall density from 58 units to 56 units. He rioted chat these changes had been made at the request of homeowners re- siding on Hubbartt: Drive and also in response to Councilran Bervald's memorandum to Council dated August 20, 1971. The charges as stated would maintain Hubbartt Drive R-1 character and provide a total separation between the project and the R-1 residences. Mr. Carey stated that having studied Councilman Rosenbaum's proposed amendment to the ordinance he would welcome the opportunity to speak to this later, when it is before Council. AMENDMENT: Councilman Berwald moved, seconded by Pearson, that Council consider the amendments described in Cornish & Carey`s letter of October 6, and the attached photoprint of Georgia Avenue, a part of the P -C zoning ordinance. The motion to include the amendments stated by Mr. Carey this evening and included in his letter dated October 6, 1971, passed on a unanimous voice vote. Mayor Comstock stated Council would hear from the public at this time, Alice Smith, 4284 Los Palos Circle, speaking as an individual, asked Council to consider what is best for the Mid -Peninsula. She spoke in opposition to the ordinance. Roberta Cane, 636 Webster, member, Palo Alto Tenant's Union, spoke in opposition to the ordinance, Joan Heymann, 3448 Greer Road, Palo Alto, President, League of Women Voters, suggested the ordinance be considered in cooperation with the leant Cities -County Housing Ele nt's recommendations re type and mix of housing units. Louis Xnc,vles, Blackwelder, 6G, Escondido Village, Stanford, saber of the Land For People Committee, spoke in opposition to the ordinance and presented a petition signed by 36 residents of Palo Alto, and 8 non-residents. Frank Manfredi, 219 Addison Avenue, spoke in opposition to the ordinance. Charlea Scripps, 4114 Willmar Drive, preside t cf GLeenaeres II Association, A,-..n.ein ogpis;.tionto he ordinaace», and responded to questions' .c_.... ___--- Council. 2. 6 8 10/12/71 John Roger, 611 Webster, spoke in opposition to the ordinance. William G. Alhouse, 4156 Hubbartt Drive, spoke in favor of the proposed ordinance and said that he had conducted a survey of residents of Hubbartt Drive, which was submitted under date of September 7, 1971. Alan MacPherson, 376 Diablo Court, Palo Alto, President, Mid -Peninsula Citizens for Fair Housing, read a prepared statement speaking in oppo- sition to the ordinance and -re-emphasizing the Housing Corporation's comments of October 6, 1971. William Cane, 636 Webster, member, Palo Alto Tenant's Union, spoke in opposition to the ordinance. Mary Ash, 469 Martinsen Court, Palo Alto, member, Land For People Com- mittee, spoke as a resident in opposition to the ordinance. Dr. Alan D. Sklar, 632 Fairmede Avenue, said that he lives only four blocks from the proposed development and is against the ordinance. (Mayor Comstock declared a recess from 10:40 p.m. to 10:55 p.m.) Roscoe L. Fleming, Jr., 4167 Donald Drive, spoke in opposition to the ordinance. W. C. Burns, 4190 Maybell Way, spoke of the "confusion" and "misunder- standings" surrounding this evening's hearing. Sally Siegel, 639 Georgia Avenue, spoke in favor of the proposed ordinance. John L. B1man, 4150 Hubbartt, suggested further changes which might be made to the proposal. AMENDMENT: Councilman Rosenbaum moved, seconded by Henderson, that the ordinance be amended and that 1.5 acres, as shown on the development plan for this project, be set aside for approximately 24 units of low/moderate income housing under the FHA 236 program or successor programs, and that the number of townhouses be limited to a maximum of 40. Further, that the development schedule be ascended to require commencement of construction of this low/moderate income housing not later than March 1, 1973 and be completed within 18 months thereafter. Mayor Comstock recognized Mr. -Scott Carey who had requested to speak to this amendment. Mr. Scott Carey, Cornish & Carey, 150 University, stated that insofar as the developers are concerned Councilman Rosenbaumt's proposed amendment would not be feasible. Further discussion ensued with Councilmen stating reasons for their opposition to or support of the proposed ordinance. The amendment failed on the following roll call vote: Ayes: Comstock, Henderson, Pearson, Rosenbaum Noes: Beaters, Berwald, Clark, Dias, Norton 2 6 9 10/12/7►1 The ordinance was defeated on the following roll call vote: Ayes: Beahrs, Berwald, Cla'tk, Dias Noes: Comstock, Henderson, Norton, Pearson, Rosenbaum Joint Exercise of Powers A rree��t W Jose/Palo A to His ransportation rs ra on rograus - ropos en�mant Mayor Comstock asked Councilman Rosenbaum to speak to this item. Councilman Rosenbaum referred to the Council meeting of October 4, at which time this item was continued for one week. He noted that Mr. James Boring, Project Manager, San Jose/Palo Alto Transit Authority, was present this evening. Mayor Comstock invited Mr. Boring to address Council. James Boling, Project Manager, San Jose/Palo Alto Transit Authority, referred to the proposed amendment and stated that Federal approval of the funds had not been received as of this date. However, the proposed amendment to the Joint Powers Agreement would permit the committal of funds within certain limitations before final approval of the contract is received. MOTION: Councilman Rosenbaum moved, seconded by Berwald, that Council approve the amendment to the Joint Exercise of Powers Agreement between the City -of San Jose and the City of Palo Alto for Mass Transportation Demonstration Program to permit the committal of funds for Phase 1 of the Project before Federal approval is received. The motion passed on a unanimous voice vote. See Page 180 yillow Expresswa Qr Freeway Mayor Comstock asked Councilman Henderson to speak to this subject. Councilman Henderson referred to previous discussions on this subject. MOTION: Councilman Henderson moved, seconded by Rosenbaum, that staff be directed to undertake a study of Willow Road in Palo Alto to deter- mine the feasibility of extending the road to El Camino Real, short of achieving expressway standards; to recommend other local improvements and to investigate cost and funding alternatives. Discussion ensued regarding the role Stanford University might play in the proposed study. George L. Burtness, Assistant Manager, Land Resources, Stanford University, stated that Stanford would be interested in providing whatever information the City of Palo Alto might like to have for this survey. Further discussion ensued with Director of Planning and Community Develop- ment Fourcroy responding to questions. The motion passed on a malority voice vote. 2 7 0 10/12/71 Somaki rn Pacific Right of Way Mayor Comstock asked Councilman Berwald to report. Councilman Berwald stated that the deteriorating condition of certain Southern Pacific property, most particularly the grounds of University Avenue Station, had concerned him for some time. -- MOTION: Councilman Berwald moved, seconded by Comstock, that the subject of Southern Pacific Right of Way be referred to the staff with a request that they examine seriously opportunities for improving the aesthetics of the subject area, Councilman Berwald noted that staff is already givin; attention to the safety aspect of this matter. The motion passed on a unanimous voice vote. Oval Communications 1 .. Kari Stangenes, 455 Colorado, addressed Council regarding revo- lutionaries; the Peace movement and the proposed Peace Day Rall�� at the Civic Center scheduled for October 13, 1971. Mayor Comstock replied to Mrs. Stangenes' comments and invited her to meet with him for further discussion if she wished to do so. 2. Barbara Kear, 425 Grant Avenue, addressed Council regarding the proposed North County Courthouse parking lot at Birch and Grant and requested that Council give consideration to this matter at a future meeting and that in the meantime the County be requested to delay work on this project. Acting City Lager Sipel responded to Mrs. gear and Senior Assistant City Attorney Booth replied to questions. MOTION: Councilman Berwald moved, duly seconded, that staff be directed to use their good offices to request the County to defer destruction of trees and construction of parking lot paving; that Council will review plans for this project on October 18, 1971 to determine the compatibility with zoning and acceptability to the Council of the City of Palo Alto. The motion passed on a unanimous voice vote. 1 Adjournment The meeting was adjourned "at 12: ATTEST: a.m.