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HomeMy WebLinkAbout10181971MINUTES city ef palo alto October 18, 1971 The Council of the City of Palo Alto met on this date at 7:30 p.m, in a regular meeting with Mayor Comstock presiding. Present: neahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum Absent: Dias Minutes of October 4, r71 Councilman Berwald referred to Page 260 and noted that under the discussion on Joint Exercise of Powers Agreement, fourth line, the word "approval" should be inserted at the end of the second paragraph. Councilhan Rosenbaum referred to Page 260, Joint Exercise of Powers Agree - rent, second paragraph, fourth line, and requested that the phrase "expend- ing of monies within certain limitations" be changed to read "incurring of debts within certain limitations". Councilman Henderson referred to the first paragraph, first line, of Page 2! and requested that this sentence be changed to read "discussion ensued with Council members stating; their reasons for wishing to or not wishing to take s position on this matter at this time". The Minutes of October 4, 1971 were approved as corrected. Meeting of October 26, 1971 Cancelled Y W. rw Mayor Comstock announced that the regular meeting of the City Council scheduled for Tuesday, October 26, 1971 would be cancelled. Halloween - Sunday. bctoger ST, 19171 QIIR.�.DOYYA Mayor Comstock stated the City of Pei* !Alto uvuld make no change in the date for the ccIz ,ration of Halloween and festivities would take pi�.cc on Sunday, October 31, 1971. Reef lion of Planning Commissioner Coal, Mayor Comstock referred to a letter dated October 14, 1971, from Robert S,W, Cooley submitting his resignation from the Planning Commission. MOTION: Mayor Comstock moved, seconded by Berwald, that the Council accept with regret the resignation of Robert S. W. Cooley from the Plan- ning Commission. The notion passed on a unanimous voice vats . 272 10/18/71 Mayor Comstock requested that members of the public and organizations in the City, who wish to suggest names of individuals to fill the vacancy on the Planning Commission, contact the City Clerk's Office. Resolution of A ci onati to na ste anre MOTION: Vice Mayor Norton introduced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO. L516 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO DONALD G. E STE SAN UPON H I S RETIREMENT" The resolution was adopted on a unanimous voice vote. Youth Advisory Council Recommendation r Mayor Comstock acknowledged correspondence received from Michael W. Cobb, dated October 15; Mildred E, Cooper, Assistant Manager, President Apart— ments, dated October 15; and also the Youth Advisory Council's report dated October 13, 1971. €#e noted that he had also received a letter from Helen Stanford dated October 8th, and from Downtcw-n Palo Alto, Incorporated, dated October 14. Mayor Comstock asked Boyd Haight, Chairman of the Palo Alto Youth Advisory Council, to report. Boyd Haight introduced Bruce Lowenstein and Annie Gerard, members of the Youth Advisory Council's Task Force which studied the eleven o'clock music curfew. He noted Oat this study had been taking place since February, 1971, and the YAC's recommendation that Council repeal Sec- tion 9.12.010 of the Palo Alto Municipal Code vas approved by an over- whelming majority of YAC's membership. He cited as reasons for this recom- mendation the fact that YAC feels the present music curfew is being used as a blanket ordinance to control Be -Ins. In addition the Task Force felt that the ordinance 5xhen applied to individuals, is an unjust law. Members of the Council co iimented the YAC on the study they have made on this subject, and discussed with the Task Force ambers the original intent of the ordinance. City Attorney Stone responded to questions on the legal aspects of this ordinance and stated that, in a strictly legal sense, the ordinance cannot be considered to be discriminatory. Mayor Comstock stated that members of Council would now hear from the public. Amanda Noble, 1969-1/2 University, spoke in opposition to the ordinance and requested that it be repealed. Jean Dolly, 933 Scott, outlined a history of events at The Plaza over the past three years and requested that the ordinance be repealed. � 969- 1 12 l:ni vsa -ce(f y Leslie IV�S$e�t7, � 1..,, . � .. � a being repealed. annL}-r-- a.0 :av ,f talc LccuLuanCe 7. 7_ = 10/18/71 Mrs. Ethel Anderson, 360 Colorado Avenue, stated that residents of the down_town area, close to the Plaza, deserve some consideration. She oppx d repealing the ordinance. Mrs. Kari Stangenes, 465 Colorado, spoke in opposition to repealing the ordinance. She suggested several alternative ways to provide enter- tainment and past imes for youth in Palo Alto. Elinan Davison, 235 Hamilton Avenue, stated that he has resided at this address since November, 1967, and represents several people who could not attend this evening, and who are against repealing this ordinance. See Page 281 Tim Shoch, 1969-1/2 University Avenue., Palo Alto Venceremos, urged Council to repeal the ordinance. Jeffrey D. Youdelman, 720 Waverley, Palo Alto Venceremos, requested Council to repeal the ordinance. Alison Holman, 1969-1/2 University, spoke in support of the YAC's recom- mendation that the City repeal the ordinance. Robert Cullenbine, 2875 Ramona Street, spoke in support of the YAC's report and urged Council to repeal the ordinance. Mayor Comstock declared a recess from 9:05 to 9:30 p.m. Robert Harker, 764 Callen Court, the third member of the YAC's Task Force Committee, urged Council to support the YAC's recommendation to repeal the ordinance. R. A. Witt, 769 Allen Court, and a member of Downtown Palo Alto, Inc., said he wished to convey the desires of this organization that Council retain the present ordinance and said they were opposed to repealing it. David Smothers, 117 University, spoke in favor of repealing the ordinance. Gypsy Lawrence, 3925 Nelson Drive, member of the Ad Hoc Committee that worked on this problem for several months beginning last July, listed various organizations in the community who wished to recommend that the ordinance be repealed. Keith Petty, 1420 Pitman. Avenue, spoke in opposition to repealing the ordinance. Gregory Kerber, 1280 Wilson Street, spoke in favor of repealine rho ordinance. John Emanuelson, 1248 Harriet, urged Council to repeal the ordinance. Mayor Comstock stated that the Acting City Manager, George Sipel, and City Attorney Stone wished to make statements at this time, to correct certain mis-statements made this evening. City Attorney Ctone referred to previous litigation and corrected mis- statements made on this subject. Acting City a alter Sipel asked Police Chief Zurcher to speak to cos:-- mats made regarding the City's enfnrcement--policy 2 7 4 10/18/71 1 Chief of Police Zurcher replied to comments made regarding the City's enforcement policy and general surveillance of the downtown area and said many existing precautions were not established prior to the events of August 28, 1971. Chief Zurcher responded to further questions from Council. Members of the Council stated their opinions on the existing ordinance. Councilman Berwald read aloud a letter received from Michael W. Cobb, 3863 Dixon Place, containing suggestions that the City of Palo Alto pro- vide a location and sponsorship of events for the playing of amplified music - both as late and as loud as desired. Discussion followed concerning the sound ordinance, which is being pre- ptred for consideration by the Council. City Attorney Stone stated this document would be before Council in approximately 90 days. Councilman Berwald requested the record show that he would be insistent that when the sound ordinance is before the the Council look at the relationship between the sound ordinance and Section 9. 12.010 of the PAMC, and he would welcome the opportunity to make the sound ordinance more precise. MOTION: Councilman Henderson moved, seconded by Pearson, thae Council direct staff to prepare a revised ordinance which would repeal Section 9.12.010 of the Palo Alto Municipal Code, in accordance with the recommendation of the Youth Advisory Council. MOTION TO TABLE: Councilman Beahrs moved that this matter be tabled. The :notion to table died for lack of a second. The motion to repeal Section 9.12.010 of the PAMC was defeated on the following roll call vote: Ayes: Comstock, Henderson, Pearson Noes: Beahrs, Berwald, Clark, Norton, Rosenbaum MOTION: Councilman Rosenbaum moved, seconded by Berwald, that the subject of developing additional facilities for musical and other cultural events be referred to the Youth Advisory Council and the Finance and Public Works Committee. The motion passed on a unanimous voice vote, MOTION: Mayor Comstock moved, seconded by Pearson, that staff be directed to contact the owner of The Plaza with retard to discussion of a lease, or some similar arrangement, that would provide a program for joint participa- tion and development of events at The Plaza, and report back to Council. Discussion ensued and Mayor Comstock withdrew the motion, with the agree - meat of second, Councilman Pearson. MOTION: Mayor Comstock moved, seconded by Pearson, that staff ascer- tain the status of negotiations bbetieeer► "The Center" and the property owner of The Plaza and report back es to the extent the City may be involved -in -this _discussion and with rec dations on --thy sole City right play, if any. The motion passed on a majority voice vote. 2 7 5 10/18/71 Provision for "Sense" sates of` roe ce+e inits of t�e Cif Council MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NO. 2633 ENTITLED "ORDINANCE 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" The ordinance was adopted on a unanimous voice vote. North Count Parkin Facilit r res Mayor Comstock asked Acting City Manager Sipel to ttport. Acting City Manager Sigel introduced Bob Perrick, Assistant Director of Public Works, Santa Clara County, who explained the County's plans for the North County Parking Lot in the Birch -Grant area. He noted that the County had acquired this property between 1960 and 1965 to allow for future expansion. City Attorney Stcne responded to questions and stated that Government Code, Section 65402, may require the County to submit its plans to the Planning Commission of the City of Palo Alto for comment; however, the County may override decisions of that body and proceed with its develop- ment if it chooses to do so. He noted that in the event these plane are referred to the Planning Commission, they could only comment as to whether or not the structure or parking facility is in conflict with the City of Palo Alto's General Plan. MOTION: Councilman Pearson moved, seconded by Henderson, that the City of Palo Alto advise Santa Clara County at its meeting on Tuesday, October 19, that the City Council of Palo Alto wishes to refer the plans for the North County parking facility at Birch and Grant area to the City of Palo Alto Planning Commission for review. Further discussion ensued. Mayor Comstock said the Council would hear from the public at this time. Norman Guina*so, Jr., 425 Grant, representing the Grant Avenue Condominium Owners' Association, said he represents 36 families living within 150 yards of t` a proposed parking facility. Theee families strongly resent the fact that o public notice vas given to people in the arei or tc the City of Palo Alto before the County went ahead with the proposed construction. He noted that two units of loos income housing would be destroyed in this process. James Culpepper, 2331 Amherst Street, urged Council to direct that the City acquire or lease the property for construction of low income housing. Members of the Council, and Director of Planning and Community Development r,., rcro , related hiato y of the site iu question. David Wright, 244 Oxford, representing Central Palo Alto Residents' Asso- ciation West, read a prepared statement against utilizing this site as a parking lot and noted that it is zoned for high density housing. HE then showed slides of the adjacent area illustrating the existing residential uses. i 276 10/18/71 City Attorney Stone reiterated that the action taken by the County is not illegal and any comment from the Planning Commission would be addressed solely to compatability with the General Plan, and the General Plan does not cover parking lots. Mayor Comstock acknowledged a letter dated October 12 received from Mrs. Esther Kahn. Carol Yanofsky, 725 Mayfield Avenue, representing the Mid -Peninsula Citizens for Fair Housing, read a prepared statement in opposition to the proposed parking lot and expressing concern over the destruction of two houses which were filling some of the need for low income housing. Hal Hudson, 535 Everett Averse, Chairman of Parking Committee for California Avenue Business District, stated that the parking situation is critical in this area. He urged Council to consider the parking needs before taking any action to delay construction. Acting City Manager Sipel suggested that Council ml.ght wish to recommend that the County not take any action on this matter for one year, in light of the City's pending planning studies in this area and particulz1rly to await the outcome of the California Avenue Study. SUBSTITUTE MOTION: Councilman Berwald roved, seconded by Beahrs, that the Council request Santa Clara County to complete demolition but defer construction of a parking lot at the Birch -Grant site at this time for the following reasons: 1) pending completion of the Central Palo Alto Study; 2) the Council's desire to have Palo Alto's Planning Commission review the proposal; 3) pending consideration of the proposed property exchange at Birch Street and Sherman Avenue; 4) the Council's disap- point:lent with the design of the proposed parking lot; and 5) the removal of low income housing without attempts to replace this. Further, that the Mayor and City Manager be authorized to so advise the Board of Supervisors of Santa Clara County and the Director of Public Works of Santa Clara County, and to request the Board of Supervisors to refer this matter to the Palo Alto City Planning Commission for further comMent. Further discussion ensued regarding the need for parking in the area of the North County Courthouse. The substitute motion passed on a unanimous voice vote. Stoma Drain Assessment - o�► a n r ram - e� t I" MOTION: Councilman Clark introduced the following ordinance and moved, seconded by Beahrs, its adoption; ORDINANCE NO. 2634 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1971-72 ADJU ST I`r1G THE APPROPRIATIONS EN THE CAPITAL IMPROVEMENT FUND" Tht ordinance was adopted on a unanimous voice vote. 2 7 7 10/18/7/ Pro osed Prop rw F.x.ha e - Mich Street an S erman Avenue Mayor Comstock asked Acting City Manager Sipel to report. Acting City Manager Sipel stated that this matter was continued from August 23, 1971, Re noted that the representative of Lakin -Spears was present this evening. MOTION: Councilman Clark caved, seconded by Beahrs, that the subject of this land exchange be again deferred until such time as the County parking lot issue at Birch and Grant and the Central Palo Alto Residents` Association plan are formulated. Mayor Comstock invited the representative from Lakin -Spears to address Council. Conrad Gullfxson, 260 Sheridan, Attorney, Lakin -Spears, addressed Council briefly regarding the proposed exchange. Statements were received from the League of Women Voters and Mid -Peninsula Citizens for Fair Housing, but were not read aloud in view ::f notion to defer. The motion to defer discussion passed on a unanimous voice vote. Oral Communications 1. Harry Moore, 628 Middlefield Road, spoke of the problem of noise pollution, in particular a San Mateo County Police helicopter which circles the Palo Alto area. He stated in his opinion the helicopter flies too low for safety. Councilman Beahrs spoke of noise pollution caused by all planes flying over the City. Following discussion, staff were directed to contact San Mateo County regarding the Police helicopter and report back to the Council. 2. Vincent Cello, Local Business Agent, BRAC, 1576 Hillsdale Avenue, San Jose, read a statement opposing the Southern Pacific Trans- portation Company's notice dated September 24, which announced plans to close the Southern Pacific ticket agency at Palo Alto on holidays, effective October 24, 1971. He requested Council take action on this. Further discussion ensuA4 .end reference was made to 4 -discussion of deteriorating conditions at Southern Pacific facilities and Right -- of --Way, which was held on October 12, but which did not refer to closing of ticket offices on holidays. MOTION: Councilman 8erwald moved, seconded by Norton, that the Mayor be directed to write the PIT regarding the matter of operation of the two Southern Pacific, stations In Palo Alto to determine their plans and express the de,,ire that the ticket office hours be maintained as at present. Further, to state that the City objects to the closing ;,f these ticket t envies on holi s or -& da?. , any other steps which are_ planned -to change the present service 278 10/18/71 SUBSTITUTE LOTION: Councilman Beahrs moved, seconded by Pearson, that the City Attorney be directed to file a routine protest in connection with Southern Pacific'a anrouncement of September 24, 1971 regarding closing of the ticket agencies in Palo Alto on holidays. The substitute motion passed on a unanimous voice vote. 4. Norman R. Guineaso, 425 Grant, spcike regarding demolition equip- ment placed on the North County parking lot. Adjournment The meeting was adjourned at 12:30 a.m.