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HomeMy WebLinkAbout11081971MINUTES city of Palo alto November 8, 1971 The Council of the City of Palo Alto met at 7:30 p.m. on this date with Mayor Comstock presiding, in an adjourned meeting of November 1, 1971. Present: 8eahrs, 8erwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum Absent: None Resignation of Councilman Frances K. Dias Mayor Comstock announced that Council had received a letter dated November 2 from Councilman Frances K. Dias, announcing her resignation from the City Council effective 5:O0 p.m. rr:day, November 5, 1971. MOTION: Mayor Comstock moved, seconded by Pearson, that the Council accept with regret the resignation of Councilman Frances K. Dias. The motion passed on a unanimous voice vote. Mayor Comstock said in order to clarify the procedure to be followed in filling the vacant seat or the City Council created by Mrs. Dias' resignation he would call upon City Attorney Stogie to advise Council of the procedure contained in the Palo Alto City Charter, City Attorney Stone read aloud Article III, Section 10, of the Palo Alto City Charter, which states that a vacancy in the Council shall be filled by the remaining members of the Council, and the appointee shall hold office until the first day of July succeeding the next election at which Councilmen are to be elected. He noted that the appointee in this case would not serve for the full unexpired term, but only until July 1, 1973. Mayor Comstock requested members of the public wishing to submit names for candidates for the City Council vacancy to contact members of the Council or himself. uest firms "The Center" (CMR:9533:1) Mayor Comstock asked Acting City Manager Sipel to report. Acting City :'onager Sipel reviewed the Council's direction of October 4, 1971 asking staff to review possible participation by the City in a rederai Grant application for a drug abuse treatment program,- sponsored by "The Center". He stated that this subject is being discussed at the County level and he understood that there are very limited funds available for grants o1: this kind under the Safe Streets Act. Grant applications are reviewed by the Drug Abuse Coordinator at the County level and to qualify for a grant in 1972, applications must be submitted to the Coordinator not later than the end of December, 1971, and earlier, if possible. Mr. Sipel said it was his recommendation that the Council w' and review the Drug Abuse: Task Force's report before taking any actiot n a City -sponsored program and that the Task Force be asked to review and comment on "The Center's" proposed program. Mayor Comstock said Council would not hear from the Director of "The Center". 1 1 1 2 8 8 11/8/71 Douglas Jenks, 1645 Madrono Avenue, Palo Alto, wember of the Board of Directors of "The Center", and speaking also as a citizen of T'aio Alto for thirty years, stated that he is particularly concerned about the drug abuse problem in Palo Alto and believes that time is of essence. "The Center" has an effective program in operation at present and he said he hoped Council would take action tonight to co-sponsor this program. Jay Endres, Development Director, "The Center", and resident of 4312 Collins Court, Mountain View, stated he agreed with Acting City Manager Sipel that chances of obtaining 1972 Federal funds are slim. He stressed the importance of an application being filed as soon as possible, hopefully by December 1, 1971. John fmanuelaon, 1248 Harriett, stated that he has worked with people from "The Center" and he considered the community to be very fortunate that this organization wishes to locate in the City. He spoke in support of "The Center" and requested Council to make a commitment to co-sponsor "The Center's" program. Robert Cuilenbine, 2875 Ramona Street, said he would be in favor of a program which would reach the majority of drug abusers. He felt that "The Center's" program is limited to a minority of addicts and 1.e believed that City support of a Federal grant application should consider other priorities and programs. Bob Garner, 3351 Alma, County Drug Abuse Coordinators advised Council that all Federal grants are for a one•-yer period and have to be reapplied for at the end of one year. Discussion followed on timing of the City of Palo Alto Drug Abuse Task Forte's report. MOTION: Councilman Berwald moved, seconded by Pearson, that Council direct staff to initiate participation by the City in applying for a Federal grant for a drug abuse program, under the auspices of the group known as "The Center", The motion passed on a majority voice vote. Annexation Folic : Stanford Residential Areas an ter Areas anti ous to a_.o Alto :966:1) ammamm Mayor Comstock asked Acting City Manager Sipel to report. Acting City Manager Sipel referred to his staff report regarding the City's most recent study efforts to explore the question of annexing residentially developed Stanford land. MOTION: Councilman Beahrs moved, seconded by Comstock, that the subject of the City's annexation policy for Stanford residential areas and other areas contiguoua to Palo Alto be referred to the Finance and Pubiie Works r:: Lt. _e and the Planning Commission. AMENDMENT: Councilman Pearson moved that the referral to the Finance and Public Works Committee and to the Planning Commission be amended to request that these bodies study the possibility of encouraging annexation of all of Stanford land to the City of Palo Alto. The amendment died for ]ask of a second. The motion passed on a unanimousvoice vote. 2 8 9 11/8/71 Miscellaneous Storm Drains a Im rovements - t 7- an Antonio Avenue Project No. 69-61 (CMR:964:1) Mayor Comstock invited staff to comment on this. H. M. Witbeck, City Engineer, stated that a low bid in the amount of $6,884 had been received for the installation of approximately 458 feet of 12 inch storm drain to eliminate local flooding on San Antonio Avenue north, of East Charleston Road. MOTION: Councilman Berwald moved, seconded by Clark, that Council accept the low bid of $6,884 submitted by Terra Engineering Company of Mountain View and that the Mayor be authorized to execute the contract with this company. The motion passed on a unanimous voice vote. of Palo Alto Mayor Comstock requested City Attorney Stone to speak to this item. City Attorney Stone stated that it has been suggested that a site in Palo Alto be used for a facility to train doctors in hypnotism. Such a use would require Council passing an ordinance repealing Section 9.32.090 of the Palo Alto Municipal Code pertaining to the practice of hypnotism. MOTION: Councilman Henderson introduced the following ordinance and moved, seconded by Norton, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE PALO ALTO MUNICIPAL CODE TO REPEAL SECTION 9.32.090 PERTAINING 10 THE PRACTICE OF HYPNOTISM" (second reading 11/22/71) The ordinance was approved for first reading on a unanimous voice vote. Southern Pacific Ticket Aena y ora te Mayor Comstock referred to the City Attorney's report dated October 28, 1971 which stated that following the City of Palo Alto's protest of October 21, 1971, to the California Public Utilities Commission in connection with the Southern Pacific Company's proposed cessation of ticket agent services on holidays, the PUC has directed the Southern Pacific Company to make no changes in the present staffing of the ticket agency in Palo Alto. MOTION: Councilman Clark moved, seconded by Beahrs, that the City Attorney's report of October 28 _concerning Southern Pacific's ticket agent service in -Palo Alto be recorded as received and f11cd. The motion passed on a unanimous ,.voice vote. A licat.ion for Chars a of District: an Antonio Avenue Trom t:o partauents) Mayor Comstock reported on a meeting held recently with representatives from the City of Mountain View, which was attended by Councilmen Berwald and Norton and himself. lie referred also to a Jett r detcd November 5 from-=tin+!-t'.i ty C2tr, of Hounta3in Vier, Stating that the City of Mountain Vial is opposed to the development to be discussed this evening. Mayor Co stock then asked Director of Planning and Community Development Vourcroy to review the revised plans before Council this evening. 290 11%8/71 Director of Planning and Community Development Fourcroy noted that the revised plans show the number of units redeenit crcm 166 to 156, giving a density of 22 per acre. He noted that the developer has increased the number of one bedroom units and decreased the number of two --three bed- room units. Mr. Fourcroy continued to respond to Council's questions concerning traffic plans, the number of children that might be housed in such a development and also wh ther the plans before Council this evening sh.uld be referred to the Planning Commission. Planning Commission Chairtiatn., Mrs. Mary Gordon, noted that the Planning Commission had not reviewed the plans Council is considering and this sub- ject could be placed on the agenda for the Planning Commission meeting of November 17, 1971. Further discussion ensued on the method of referral with City Attorney Stone advising Council of the alternatives, in particular that since the plans before Council are less dense and more restrictive than previous plans the Council could approve the project in concept, before returning the plans to the Planning Commission for review. Mayor Comstock stated that Council would hear from the public at this time. Mr. Herman Ranes, 3973 Bihbits Drive, Palo Alto, spoke of the need for low income housing and said the site in question is suitable for people who prefer to walk rather than driving an automobile. He r-eq:rested a decision in favor of the project. Bob Stern, Developer, Hirsch/Stern, Sherman Oaks, California, requested permission to address Council later, when members of the public have finished speaking. Hal Joseph, Director of Planning, George S. Nolte, Inc., 1731 Forth First Street, San Jose, and a resident of 3466 Thomas Drive, Palo Alto, stated that he had been retained by the developers, Hirsch/Stern, and after careful review of the site plan, and taking into account the reduction in density and height with increased setbacks, he fell: confident that this development would be a good addition to the community. He referred to discussions and correspondence with Mr. Thomas Reese, attorney representing the Senior Coordinating Council of -Palo Alto; Earl William Greene, Jr., Administrator of Stephenson House, and Mrs. Diana Steeples of the Senior Coordinating Council and said that reactions from these individuals had been in favor of the project. He reminded Council of the deadline of December 6, 1971 by which date application must be made to HUD for federal funds. Janet pens, 863 Moreno, representing Midpeninsula Citizens for Fair Housing, read a prepared statement indicating MCFH's general approval of the plan, but suggesting that the proposal be returned to the Planning _ Lva,aissi.on ---for further review. Thomas Reese, 260 Sheridan Avenue, attorney representing the Senior Coordinating Council of Palo Alto, stated that he could wholeheartedly support this development as a means of providing low cost housing for families and the elderly, particularly since senior citizens would have available to them 128 one bedroom saute at a cost of approximately $60 per month. He added that to his knowledge there are 900 residents in the community in weed of housing of this sort. Louis R. GQidala1th, a r sideut, Palo Alto Housing Corporation, and resident of 1462 Edaewood Drive, stated rm t- he had attended the meetings during which the developer had spoken :*i`th residents. He stated that the Housing Corpora- tion feels this is a badly needed project in Palo Alto. 2 9 1 11/8/71 James H. Finney, 2553 Mardeil Way, Mountain View, said while he is for housing for the elderly, he would oppose .Oils particular development on the site in question particularly because of its isolation and distance from stores and other facilities. He stated he thought this matter should be referred back to the Planning Commission. Israel Rabinowitz, 2535 Alvin Street, Mountain View, stated he agreed with Mr. Finney and had submitted a petition bearing 120 signatures of local residents in opposition to this development. He said they did not object to the concert of housing for the elderly or low income groups in this area, but they dirs not feel this particular location ':o be suitable for housing for the elderly. Further -discussion ensued regarding the official po:;ition of the City of Mountain View and Mayor Comstock reiterated that the City of Mountain View had indicated opposition to the project in a letter dated Nover'ber 5 signed by Mrs. Jean Hixon, City Clerk of Mountain View. Sylvia Semen, 3380 Middlefield Road, speaking as an individual, urged Council to approve this project which, s',e stated, is unique and wound provide housing badly needed for 'ow income people, She toted that this is the only project of its kind which caters to the low income group although other projects have included some accommodations for middle income people. She urged Council to approve the proposal. Mr. Robert Stern addressed Council again, stating that there is no perfect site for a development of this kind and whatever location is chosen there are always certain prof letns. MOTION: Councilman Serwald moved, seconded by Beahrs, that the application of George S. Nolte for a change of district at 650 San Antonio Avenue, be referred back to the Planning Commission for its earliest possible consideration. Further, that this referral be accompanied by a statement indicating that the Council approves the development in concept and now asks the Planning Commission to review all aspects of it and return the matter to Council with a recommendation for preparation of an ordinance for a i'-C, by November 22, 1971. City Attorney Stone add aed Council that this motion does not represent a pre - commitment regarding the P -C ordinance but reflects Council's personal judgment at this time. AMENDMENT: Mayor Comstock moved, seconded by•I'earson, that the motion be amended to direct the City .ttoriney to prepare an ordinance approving the application for a zone change; such ordinance to include any modifications that might be made by the Planning Commission in their review. City Attorney Stone cautioned against writing the ordinance before the Planning Coznission's recommendations are known, reminding Council that a P -C ordinance cannot be modified after it has been approved for first reading. AMENDMENT- WITHDRAWN: Mayor Comstock -withdrew the proposed an nle2ent, with the consent of Councilman Pearson. The Motion passed on a majority voice vote. Regug for a Historical Site Ordinance and SquirF House Propo_sa1 MOTION; Mayor Comstock moved, duly seconded, that the item shown as Agenda Item 9 c th a..__1_ f___ .�.. ".� :,3�.attn foe the regular meeting of November 8; 1971, concerning the Squire House proposal be considered out of order at_thid-t1; -- The motion to consider out of order passed on a unanimous voice vote. 2 9 2 11/8/71 MOTION: Councilman Henderson moved, seconded by Comstock, that the City Attorney be instructed to prepare a historical site ordinance appropriate for the City of Palo Alto. The motion passed on a unanimous voice vote: MOTION: Mayor Comstock moved, seconded by Berwald, that the subject of the Squire House proposal, made by the "Committee To Save The Squire House" be referred to staff and staff be requested to prepare a report to reflect their views, comments, and questions concerning the possibility of the gift proposal of the Squire House. Mayor Comstock stated members of the audince wished to speak to this nutter and would be heard at this time. Fern Hunt, 522 Mayf ieid •Awslue, - Stanford, Chairman, "Committee To Save The Squire House", reviewed the Committee's proposal, which suggests that the City receive the Squire House -as a gift. She commented on possible future uses of the property and the Committee's intention to raise funds. W. Leslie Heald, 1511 Mariposa Avenue, architect and member of the Santa Clara Chapter :f A.I.A., urged Council to assist in the preservation of the Squire House and said this historical building should be preserved for the future. San Webster, 335 Lowell, spoke of possible financial arrangements that will be made to buy this property and said the Committee would like to present the Squire House to the City, if the City will accept it. The wtion to refer this matter to staff passed on a unanimous voice vote. Proposed Joint Development of a Park in the Monroe Area Mayor Comstock referred to a letter dated October 22, 1971, addressed to the Mayor of Palo Alto and signed by John T. O'Halloran, City Manager, City of Mountain View. This letter referred to a request made by former Mayor, Jack Wheatley, that the City of Mountain View consider the possibility of joining in a joint development of a park in the Monroe area with the City of Palo Alto. Mayor Comstock stated that Mountain View's response indicated that the Park and Recreation Commission of the City of Mountain View had considered this matter and recommended to ehe Council that the City of Mountain View not jointly develop a park in this area, and the City Council of Mountain View concurred in this recommendation. MOTION: Mayor Comstock moved, seconded by Pearson, that the matter of a response to the City of Mountain View's letter of October 22, 1971, be referred to staff for action. The motion passed on a unanimous voice vote. Oral Communications 1. John D. Snow, 105 Lowell, addressed Council-cc.,cerning Armistice Day on November 11 and said that members of the American Legion would appreciate the Mayor issuing a Proclamation in honor of Armistice Day on November 11. 2. Greg Kerber, 1280 Wilson Street, addressed Council concerning the vacancy on the City Council and suggested that the City of Palo Alto Charter be amended to provide for a special election to fill vacancies on the City Council, rather than having Council appoint.an individual to fill such a vacancy. - Mr. Kerner was referred to discussions presently under way in the . Policy and Procedures Committee concerning Charter revision. 2 9 3 11/8/71 3. Frank Manfredi, 219 Addison, addressed Council concerning his taxes. Ad ournment Mayor Cot,stock adjourned the meeting at 11:.05 p.m. Regular_Meeting of November 8, 1971 The Council of the City of Palo Alto met on this date at 11:05 p.m., in a regular meeting with Mayor Comstock presiding. Present: 8eahra, tserwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum None Absent: Variance: 4005 Ben Lomond Drive Esc ------•-a MOTION: Councilman Berwald moved, seconded by Clark, that the appeal of Mr. & Mrs. Sigmund Kusnierzy=k. from the decision of the Zoning Administrator to deny an application for a variance at 4005 Ben Lomond Drive, be approved. Th_ 7otiose passed on a unanimous vc•.;_ce vote. Design Approval of S.Igns•2b5 Hamilton Avenue MOTION: Councilman Pearson moved, seconded by Henderson, approval of the application of the Federal Sign and Signal Corporation for design approval of signs at 285 Har.ilton Avenue, zone district C -2-C. The motion passed on a unanimous voice vote. Site and Deal n Control: 2415 Embarcadero Way, one s t r ct -N-i? Mayor Comstock aRked Director of Planning & Community Development Fourcroy to speak to this item. Mr. Fourcroy responded to questions from Council. MOTION: Councilman Pearson moved that the application of Maurice R. Ledoyen for Site and Design Control District approval of an industrial building addition at 2415 Embarcadero Way, Zone District L -M -D, subject to conditions listed in the staff report dated October 22, 1971, be denied. The motion failed for lack of a second. MOTION: Councilman Clark moved, seconded by Beahrs, that Council "plaid the recommendation of the Planning Commission and approve the afpiication of Maurice R. Ledoyen for Site and Design Control District approvalof an industrial building addition at 2415 Embarcadero Way, Zone District L -M. -D, subject to conditions listed In the staff report dated October 22, 1971. The motion passed on a majority voice vote. Re uest to Consider Palo Alto Housin Corporation teco ns�e elation re 7oint it es cunt Houeth cement u.t o r er MOTION: Councilman Henderson moved, seconded by Clark. thar_Cou--cii- ousider-- Itea 6 an the A.e ds out of tinder _Oils t1 since this discussion will cortaiat_mogely-.o • a referral. 294 11/8/71 The motion to consider th0 Palo Alto Housing Corporation's recommendations regarding the Santa Clara County Planning Policy Committee's Resolution Adopting the Joint Cities -County Housing Element failed. Change of District: 625 El Camino Real om - to - otel Codex) Mayor Comstock noted that Council had before thee: this evening new plans received from the developer, and the proposed ordinance to change the zoning on this property which was formerly known as the Old Corporation Yard. He acknowledged receipt of correspondence from individuals and also a petition signed by owners end managers of 25 other hotels and motels in the area stating their opposition to the proposed Holiday Inn. He asked Director of Planning and Community Development Fourcroy to speak to this subject. Director of Planning and Community Development Fourcroy stated that six to eight major differences have been made in the parking since the original plans were submitted. He noted that the lease granted to Mr. Clement Chen & Associates was dependent upon approval of the change of zoning before Council this evening. Milyor Comstock invited Mr. Clement Chen to address Council. Mr. Clement Chen, Clement Chen & Associates, Architects, 544 Pacific Avenue, San Francisco, presented Council with full details concerning the economics of the proposed hotel development and also showed slides of the site as it is at present and as it is anticipated it will look when the Holiday Inn is completed. Ray I)ones, 550 Adeline Street, Oakland, President, National Association of Minority Contractors, spoke in favor of the project and praised Mr. Chen's activities in the past in providing employment for minorities. Tevis Jacobs, 95 San ndreas Way, San Fi•ancfsco, stated that he had nothing to add to Mr. Chen's couents. Thomas B. Reese, Attorney, 260 Sheridan Avenue, Palo Alto, representing 30 motel owners in the Palo Alto -Menlo Park -Los Altos area, including 19 of the total, of 21 motels in Palo Alto, spoke in opposition to the rezoning. MOTION: Councilman Berwald introduced the following ordinance and moved, seconded by Norton, its adoption, with the following condition to be added: "That red brick he used on the entry way and up to the entrance to the b_ilding and to the property line." "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY ON EL CAMINO REAL b NOS4N AS THE OLD CORPORATION YARD FROM P -F TO P -C SUBJECT TO CONDITIONS" (second reading 11/22/71) AMENDMENT: (Council Rosenbaum moved, seconded by Pearson, that SECTION 2 a. Uses -- 3) of the ordinance be amended to read: "3) Commercial facilities limited to a barber shop, beauty salon and a shop for incidentals (this shop not to exceed more than 400 square feet)". Discussion ensued regarding what services might be required in a hotel lobby and whether these should include an auto rental agency, tour desk, etc. SUBSTITUTE AMENDMENT: Councilman Rosenbaum moved, seconded by Beahrs, that SECTION 2 a. Uses, 3) of the ordinance be amended to reed: __ "3) commercial 2 9 S 11/8/71 facilities incidental to a hotel,such as an auto rental agency, travel and tour desk, barber shop, beauty salon, and a shop for gifts, magazines and other incidentals, (this shop not to exceed 400 square feet)". The substitute amendment passed on a unanimous voice vote. AMENDMENT: Councilman Pearson moved, seconded by Henderson, that the crdinance be amended to delete under SECTION 2 a. Uses -- 4) the phrase "and convention facilities". The amendment failed on a majority voice vote. AMENDMENT: Councilman Berwald moved, seconded by Pearson, to amend the ordinance by adding under SECTION 2 "e. Signs --- exterior signs to fe subject to the approval of the. City Council". The amendment passed en a unanimous voice vote. The ordinance as amended was approved for first reading on the following roll call vote: Ayes: Beahrs, Berwald, Clark, Norton, Rosenbaum Noes: Comstock, Henderson. Pearson Palo Alto Housin Car oration Joint Cities-Cou.;at' Housing E1e ent MOTION: Mayor Comstock moved, seconded by Clark, to bring this matter up out of order at this time. The motions passed on a unanimous voice vote. MOTION: Councilman Clark moved, seconded by Berwald, to refer the Palo Alto Housing Corporation's review and recommendations regarding the Santa Clara County Planning Policy Committee's Resolution Adopting the Joint Cities -County Housing Element to the Planning Commission. The motion passed on a unanimous voice -eote. Ad1ournment The meeting was adjourned at 1:25 a.m. APPROVED: cli,LttJeAdi Lersiidiz*N. Mayor ATTEST: 1 1 2 9 6- 11/8/71