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HomeMy WebLinkAbout03161970City Hall Palo Alto, California March 16, 1970 The Council of the City of Palo Alto met on this date at 7:34 p. m. with Mayer Arnold presiding. Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Spaeth (arrived 7:42 p.m.), Wheatley A •Rroval of Minutes - Februar�16 and 24, 1970 Vice Mayor Wheatley requested that the record show in the minutes of February 16, pages 210 and 211 regarding the Foothills Environ- mental Design Study, that he neither participated nor voted on the matter. The Minutes of February 16, 1970 were then approved as corrected. Councilman Dias requested that at the top of page 222, Minutes of February 24, 1970, regarding Palo Alto -Salinas Savings Company, the record show the matter was placed on the Council Agenda by Councilman Clark, and that a paragraph be added noting that no action was -taken. Mayor Arnold regoested that an addition be made to the above item noting that he did not participate in the discussion or vote. Councilman Comstock requested a correction on page 215 of the Planning and Procedures Committee minutes: "Joe Williamson, 'Gardener' !0 to be changed to "joe Williamson, Garden Editor, Sunset Magazine." _ The Minutes of February 24, 1970 were then approved with additions and corrections. Diamond Anniversary Committee Presentation. Councilman. Dias, Chairman of the Diamond Anniversary Committee, presented that committee's final report in the form of a large scrap book which the committee believes will be fceanci to be more descrip- tive and interesting than the usual report form. Councilman Dias announced that the scrap book will be on display at the Main Library and +.xpressed thanks to Director of Community * Wilson's *Services secretary and to 411 members of the committee who assembled the final report. 223 3/16/70 March 16 Agenda Items Mayor Arnold asked for unanimous consent to bring up out of order the following Agenda items to be heard at this time: 9. Emergency ordinance re City Council Meeting place. 10. Civic Center curb parking restrictions. 11. Proposed lease and development of interim off-street parking lot. 12. Report on bids - traffic signal and safety lighting improve- ments. 14. Proposed contract - Peninsula Transit Lines. 15. Downtown Park acquisition and property leaseback proposal. There were no objections. City Council Meeting Place MOTION: Councilman Beahrs introduced the following ordinance and moved, seconded by Comstock, its adoption: Ordinance No. 2547 entitled "Ordinance of the Council of the City of PaloAtto_Arv_ab Lding Section = .04. 01:0 of the PAMC to Change the Meeting Place of the City Council to the New City Hall and Declaring an Emergency" AMENDMENT: Councilman Gallagher moved an amendment to remove the address "250 Hamilton Avenue" from the ordinance. The amendment died for lack of a second. The ordinance was then adopted on a unanimous voice vote. Civic Center Parking Restrictions (C/vI :469;0) MOTION: Councilman Dias introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4335 entitled `=Resolution-of-the-Cou::cii of the City of Palo Alto Amending Resolution 2971 and 4285 to Pro- hibit. Parking on Certain, Portions of Bryant Street, Ramona Street, Hamilton Avenue and Forest Avenue Adjacent to Civic Center" The resolution was adopted on the following roll call vote: 224 3/16/70 Ayes: Arnold, Beahrs, Eerwald, Clark, Comstock, Dias, Gallagher, Norton, Spaeth, Wheatley Noes: Pearson Development of Interim_ Off -Street Parkin Lot (CMR:479:0) MOTION: Councilman Gallagher moved, and it was duly seconded, that the Mayor be authorized to sign the lease agreemes:t for the vacant property at the northeasterly corner of Lytton and Bryant for use as an interim parking lot in accordance with the City Manager's report dated Marc, -t: 12. 1970 (CMR:479:0). AMENDMENT: Councilman Berwald moved, seconded by Comstock, that landscaping be provided for the subject lot. In response to question, City Manager Morgan advised that since parking will be an interim use, the City will landscape the lot in a moderate way, AMENDMENT WITHDRAWN: Councilman Berwald withdrew his amend- ment to the motion. The motion then carried on a majority voice vote. Traffic Si nal and Safes e Lighting Improvements (CMR:475:0) MOTION: Councilman __Beahr s --F roved, and it was duly seconded, that the bids shown on Attachment of the City Manager's report regarding traffic signal and safety lighting improvements (CMR:475:0) be ap- proved ant that the Mayor be authorized to sign a contract for items 1 and 5 with Central Valley Electric and items 2, 3 and 4 With M. C. Pact Company. The motion carried unanimously. Peninsula Transit Lines Aiireement (CMR:476:0) MOTION: Councilman Pearson moved, seconded by Spaeth, that the Mayor be authorized to execute a new agreement with Peninsula Tran- sit Lines in accordance with the conditions and terms outlined in the City Manager's report of March 12, 1970 (CMR.:476:0). In response to questions, City Manager Morgan advised that the con, tract is a basic one that can be expanded and changed as requirements of the community cha�_tge and as Council directs. The motion carried unanimously on a voice vote. MOTION: Vice Mayor Wheatley moved, seconded by Norton, that a study be authorized of the Mini Bus system at this particular time. POINT OF ORDER: Councilman Dias suggested that the notion has nothing to do with the contract the Council just authorized the Mayor to sign and that the subject of the motion should be brought up at a subsequent meeting tinder "New Business." 225 3/16/70 Mayor Arnold ruled that technically Councilman Dias was correct but unless there were objections the Council would consider the matter. Councilmen Pearson and Dias objecteci. MOTION OUT OF ORDER: Mayor Arnold ruled the motion out of order. Downtown Park Acct ui sition and Leaseback - Project No. 66-12 (CMR:466:0) MOTION: Councilman Berwald moved, seconded by Spaeth, that the City Manager be authorized to execute the documents necessary for the purchase and leaseback of Parcel No. 7 located at 421 Everett The motion carried unanimously on a voice vote. 1970-71 Capital Improvement Prurarn MOTION: Councilman Berwald moved, on behalf of the Finance Com- mittee, approval of the 1970-71 Capital Improvement Program for inclusion_ in the 1970-71 Budget with the following amendments: 1. El Camino Lands - increase the appropriation from $3, 000 to $10, 000 for development and improvement plans for the total park, including the Veteran,` and Red Cross Buildings aid adjacent areas. 2. Reschedule Arastradero Road improvements in 1971.72. The motion carried unanimously on a voice vote. It was noted it is not necessary to refer the development and improve- ment plans to the Public Works Committee as they already have them in committee. Cban a of District - Middlefield .n sar�r .anrn�wnrna� Road and Loma Verde Avenue MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Pearson, its approval for firs;. reading: *Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code Changing the Zoning of Certain Property Known as 3163, 3175, 3191 and 3197 Middlefield Road, and 713, 715, 717, 725 and 735 Loma Verde Avenue from R-3--G-D to R -3 -G -D `Special Amortization Dibtrict - May I, 1983) and 3147 Middlefield Road from R -3-G to R - 3 -G (Special Amortization district - May 1, 1983)" The znotion carried unanimously on a voice vote. 226 3/16/70 Chan a of District - Property on �wwi.awwwrrr West Bayshore F_ rootage _R_oad and on East Meadow Circle MOTION: Vice Mayor Wheatley introduced the following ordinance and moved, seconded by Gallagher, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the PA.MC Changing the Zoning of Certain Property on West Bayshore Frontage Road and on East Meadow Circle from L -M -S to L-M:S-D" The motierr carried unanimously on a voice vote. Change of District - 700 Block of San Antonio Avenue Ma) or Arnold noted that the Planning Commission recommendation against the proposed zone change in the 700 block of San Antonio As enue was by unanimous vote. MOTION: Councilman Norton moved, seconded by Beahrs, to uphold the Planning Commission recommendation against a change of district of property in the 700 block of San Antonio Avenue, otherwise known as 771, 775, 787 San Antonio Avenue, from M-1 -S (Light Industrial District -Special Parking Regulations) to L-M:S-D (Limited Manufac- turing District: Special Parking -Site and Design Control Regulations) Mayor Arnold read a letter dated March 3, 1970, signed by eleven residents in the area requesting the property be zoned L-M:S-D. He noted the''nestinn they had raised regarding the uses of M -1-S property. Director of Planning and Community Development Fourcroy stated that the Council did not change the list of permitted uses in M-1 zones but did restrict the performance those uses would have to observe, so that now while there is a variety of uses the performance is now the same as applied and required in the L -M Zone. SUBSTITUTE MOTION: Councilman Comstock moved a substitute motion, introducing an Ordinance of the Council of the City of Palo Alto Changing the Zoning of property in the 700 block of San Antonio Avenue, otherwise known as 771, 775, 787 San Antonio Avenue, from M -1-S (Light Industrial District -Special Parking Regulations) to L-M:S-D (Limited Manufacturing Dirstrict:Specia1 Parking -Site and Design. Control Regulation:. SUBSTITUTE MOTION OUT OF ORDER: Mayor Arnold ruled the sub- stitute motion would not be accepted and advised the peol.or procedure is to defeat the motion before the Council and thenintroduce the ordinance. In answer to questions, Planning Commission Chairman Giosso advised that the Planning Commission will be reviewing the D suffix on all M zoning later this month and believed it was not fair at this time to single out one piece of property for rezoning. The motion to uphold the Planning Commission recommendation carried an the following roil call vote: Ayes: Arnold, Beaiars, Clark, Gallagher, Norton, Spaeth, Wheatley Noes: Berwald, Com Stock, Dias, PearsoTt 227 3/16170 Miscellaneous Division of Land - Westerly Side of Skyline Boulevard MOTION: Councilman Berwald moved, seconded by Spaeth, to uphold the Planning Commission recommendation and approve the application of Jesse H. Brooks for a Miscellaneous Division of Land of property located on the westerly side of Skyline Boulevard being a portion of Section 26, T. 7S, R. 3W, M. D. B. M. , subject to the following con- ditions: 1. that no condition of the map which is approved is contrary to the sub and land division requirements of San Mateo County; 2. that approval of an exception of Sectio- 18.72.040 (Lot Area) of the Palo Alto Municipal Coda is granted for those portions of Parcel A and Parcel. C which extend into the City and provides that these parcels be smaller in lot area than the 5 acre minimum lot area requirement; 3. that approval of an exception to Section 21.20. 103 (Boundary Line Conditions) of the Palo Alto Municipal Code is granted subject to the provision that no buildings be constructed upon the County boundary line; 4. that approval of an exception to Section 21. 20. 050 (Service Road Requirement) of the PAMC is granted and provides that no service road in that portion of Parcel A which extends into Palo Alto City limits is required; 5. that approval is granted subject to furnishing evidence of payment of all payable City and County taxes; 6. ),hat all utilities, including electric power and telephone lines, shall be constructed underground; 7. that tentative maps shall not be of a greater scale than 1" 100'; 8. that the subdivider's statement to appear upon or to accom- pany the tentative map shall r.ontain the following information.: a) existing property t==v or - u."r. Gi! oi the property: y�. .... - b) proposed use or uses of the property; c) statement of the improvements and public utilities pro- posed to be made or installed, and of the time at which such improvements are proposed to be completed; d) provisions for sewage and sewage dirposai; e) public area proposed; 1) tree planting proposed; g) justifications and reasons for any exception to provisions of this title, 9. that the tentative map shall contain the name and address of the record owner. X28 3/16/70 In answer to question regarding scenic controls, Mr. Fourcroy stated the City has design control and reviewed the action establishing the skyline area in Palo Alto as a State Scenic Highway. The motion was carried unanimously by voice vote. The Council recessed from 8:40 to 8:55 p.m. Leis on Banning the pA gearance of Racial Restrictions on Recorded Documents MOTION: Councilman Berwald moved, seconded by Spaeth, to take up a non -Agenda item at this time regarding a recommendation of the Human Relations Commission. '"ouncilman Berwald referred to a letter from the Hun -tan Relations C;oznmission dated March 12, 1970, recommending the initiation of legislation to remove racially restrictive covenants frown deeds, ether recorded documents and policies of title insurance and to his letter of March 16, 1970 explaining the necessity for action on the matter at this time. The motion carried unanimously on a voice_ vote_____________________ -MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Comstock, its adoption: Resolution No. 4336 entitled "Resolution of the Council of the City of Palo Alto Requesting The Honorable, John Vasconcellos, Assemblyman of District No. 24, to Introduce Legislation Ban- ning the Appearance of Racial Restrictions on Recorded Documents" The resolution was adopted on a unanimous voice vote. A ,lication to Amend the P -C Planned Communi District Development Plan - Land Resources Corporation Vice Mayor Wheatley left the Council Chambers at this time, stating he would not participate nor \rote regarding the application of Land Resources Corporation to amend a P -C Plan. Meyer rne.4. i reviewed the Planning Commission recommendation to deny the application of Land Resources Corporation to amend the P -C (Planned Community) District Development Plan applying to approxi- mately 530 acres of a portion of the Rancho El Corte de Madero to allow single-family dwellings, "patio homes", "town houses", ,apart- ments, commercial and office uses, public school, City park, recre- ation areas, community open space, and public facilities. Mayor Arnold stated for the record that the company in which he has an interest and by whom he is "employed, took part in a stock offering 229 3/16/70 of the applicant (Land Resources Corporation. Mayor Arnold said his company's involvement was extremely minor and for the precise figures he referred to his public statement made for the record at the Council Meeting of .January 26, 1970. Mayor Arnold stated that he was making the disclosure at this time and does not intend to make it again at any possible subsequent considerations of this matter, since Assistant City Attorney Stone advised that once the disclosure has been made, he may participate and act. Mayor Arnold stated his intention to participate and act on the matter. MOTION: Councilman Clark moved seconded by Beahrs, to continue the matter of the Land Resources application until such time as the City Council has had a chance to study and formulate some opinions following receipt of the third phase of the Livingston-Blayney report. In answer to question regarding procedural aspects, Assistant City Attorney Stone advised that the ordinance prohibits the applicant corning back within a year with the same application, however, the applicant can come back with a sufficiently different P -C plan. With regard to the motion before the Council, Mr. Stone advised that the applicant is entitled to reasonable action within a reasonable length of time. In response to inquiry regarding receipt of the L vingston-Blayney report, Director of Planning and Corn enity Development Fourcror— -stated it i anticipated that Phase 111 of the report will be received in May. Discussion followed on Council study of the Livingston-Blayney report and possible continuance of the Land Resources Corporation applica- tion beyond that time. Assistant City Attorney Stone advised that the Council commitment is to act upon the application within a reasonable length of time which may be relatively long in this instance and con- tinuance should be to a reasonably certain date. At that time the Council may continue to a further date depending on what is learned from the Livingston-Blayney report. AMENDMENT: Mayor Arnold moved, seconded by Dias, that the Council indicate a time table for considering the application of Land Resources Corporation by adding the following;: "and Council will con - eider the application of Land Resources Corporation on that meeting 'ollowina receipt of the Livi.4eton-Blayney Phase III report." The amendment carried on the following roil call vote: Ayes: Arnold, Beahrs, Clark, Dias, Gallagher, Spaeth. Noes: Berwa.ld, Comstock, Norton, Pearson AMENDMENT: Councilman Comstock moved an amendment to add the phrase: ''and that the Planning Commission recommendation be upheld: rs Z 30 3/1N70 AMENDMENT OUT OF ORDER: Mayor Arnold ruled the amendment out of order. The motion as amended carried o.i the following roll call vote: Ayes: Arnold, Beahrs, Clark, Dias, Gallagher, Spaeth Noes: Berwald, Comstock, Norton, Pearson Councilman Wheatley returned to the Chambers at 9:50 p. m. Zone Change - Lytton School 656 Lytton Avenue; -i Mayor Arnold requested unanimous consent to consider the report of the City Attorney re proposed uses of Lytton School at the same time as the proposed zone change for the property now before the Council. Councilmen Dias and Pearson objected. MOTION: Vice Mayor Wheatley introduced the following, ordinance for second reading and moved, seconded by Beahrs, its adoption: Ordinance No. X348 entitle "-Ordinance of the Council of the City of Palo Alto Amending Section 18. 0£i. 040 of the Palo Alto Municipal Code Changing the Zoning of Certain Property Known As 656 Lytton Avenue (Lytton School) from P -r toR -3:Y" (first reading 2(24/70) The ordinance was adopted on a unanimous vo r -c Proposed Use of Lytton School Pr rty •.�.e�n eon Mayor Arnold requested unanimous consent to consider .the uses of Lytton School property at this timer There were no objections. MOTION: Councilman Spaeth introduced the following ordinance and moved. seconded by Berwald, its adoption: nrd;.-w_ _ .f t ,- �, f ., _ ......�s_.:.:��.+;_i�'i�. Z54� anti "Or the L�eculill Li the City of Palo Alto Amending the Budget for the Fiscal Year 1969-70 to Make an Additional Appropriation to the Capital Improvement ' und." 1 In response to question regarding priorities of Council action, Assi- tant City Attorney Stone advised that his report did not list possible Council action in any order of priority, however, an ordinance amending the budget must be passed prior to a resolution of condemnation. 231 3/16/70 Discussion followed with City Manager Morgan, Mr. Stone and Council- man Spaeth, Council representative to the Palo Alto Housing Corporation, responding regarding possible purchase of the property from the City by a religious group for the purpose of housing for the elderly, use of City funds. appraised value of the property, fair market value with the City receiving its money back plus a reasonable return. The ordinance was adopted on the following roll call vote: Ayes: Arnold, Berwald, Clark, Comstock, Gallagher, Norton, Pearson, Spaeth, Wheatley Noes: Beahrs, Dias MOTION: Councilman Spaeth introduced the following resolution and moved, seconded by Berwald, its adoption: Resolution No. 4337 entitled "Resolution of the Council of the City of Palo Alto Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Land and Auth- orizing the Filing of Eminent Domain Proceedings" Discussion followed as to directing the City Manager to negotiate with the School District for p-ir_hare of the property rather than passing a resolution authorizing eminent domain proceedings; with Mr. Stone advising that such action would be appropriate since the rei.-:oiution co'jld be passed at any time in the future. MOTION: Councilman Norton moved, and it was duly seconded; that adoption of the resolution be continued until such time as the City Manager reports back progress of negotiations with the School District. Discussion convnued with Mr. Stone responding to question regarding possible action of the School District stating they can go out to bid, negotiate, or wait for eminent domain proceedings. The motion to continue was defeated on the following roll call vote: Ayes: Clark, Comstock, Nortcei, Pearson Noes: Arnold, Beahrs, Berwald, Dias, Gallagher, Spaeth, Wheatley Z.,. reepnn¢s t' naiFitir.n_ M -. ---S►.__ _ > that the .. .,-..��-.. _ � .3_ � .. -._� �.�.. St. -:;: -.c GAili,dj7irsi as the resolution • now stands it is not necessary to create a Housing Authority, the City is entitled to initiate proceedings, and in all probability the land could be disposed of at fair market value in the,future. He stated for the record that no commitment was being r ie:ae as to subsidiz5ng a part- icular kind of development. A Housing Authority relay, however, be required when the Council decides the nature of ultimate disposition of the property and/or the ultimate mode, type and method of development. 232 3/16/70 1 The resolution was adopted on the following roll call rote: Ayes: Arnold, Berwald, Clark, Comstock, Gallagher, Norton, Pearson, Spaeth, Wheatley Noes: Beahrs, Dias Traffic 0 erations Pro rams (CMR:470:0) MOTION: Councilman Gallagher introduced the following resolution and moved, duly seconded, its adoption: Resolution No. 4338 entitled "Resolution of the Council of the City of Palo Alto Concerning Accumulation and Expenditure of TOPICS Funds by the City of Palo Alto" The resolution was adopted on a unanimous voice vote. Educational Improvement Program - Police Department (CA.LR:47l:0) MOTION: Councilman Gallagher introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4339 entitled "Resolution of the Council of the City of Palo Alto Ame rt l • 26 7 r'rh _ Compen— sation ---____n_ding- Reso.�tion No. ���,� s �.�� �.c:�npen- sation Plan) to Establish an Education Incentive Plan" The resolution was adopted on a unanimous voice vote. Proposed Master Plan - Phase II of Municipal Service Center (CMR:477:0) MOTION: Councilman Norton moved, seconded by Clark, to authorize staff to select an architect to prepare a master plan for the Municipal Service Center, Phase II. AMENDMENT: Vice Mayor Wheatley moved, seconded by Comstock, to amend the motion to direct the City Manager to consider the qualifi- cations of architects to do the work and make a recommendation of .. ..rch tectn t �4.,.. �..l..i��, :ar__L ZIC1iGC �s c.a..._.r..er--_.- ....v acs a:ilR. R t►Y 0.r3 LOnZlnittee for consideration and recommendation to Council. The amendment carried on a majority voice vote. The motion as amended carried unanimously. (Councilman Spaeth left the Council Chambers at this time and did not return.) 233 3/16/70 Development of Old Corporation Yard 4 LYi Li • -a MOTION: Councilman Clark moved, seconded by Wheatley, that the Council reject all proposals and direct the staff to solicit new proposals for the development of the site with the stipulation there be no con- sideration of a full-time residential project. CLARIFICATION: Councilman Clark explained that the stipulation would rule out consideration of an apartment complex but was not meant to 'rule out a hotel/motel or transient project. With the consent of his second, Councilman Clark changed the last sentence to read: "no consideration of residential projects other than transient." After discussion the motionwas defeated,on the following tie vote: Ayes: Clark, Comstock, Dias, Norton, Wheatley Noes: Arnold, Beahrs, Berwald, Gallagher, Pearson MOTION: Councilman Gallagher moved, seconded by Clark, that the Council select Interland Development Corporation (One University Circle) and direct the City Manager to negotiate a contract which would provide for the sublease of the land and the establishment of pro- cedures which would assure the development of the property in accor • - dance with the basic concept identified in the proposal. CHANGE OF MOTION: Councilman Gallagher, with the consent of his second, changed the motion to add: "sand direct the City Manager to negotiate a contract for approval by._the Council." City Manager Morgan reviewed the basic proposal of Interland Devel- opment Corporation as submitted April, 1968. Following discussion, the motion failed on the following roll call vote: Ayes: Arnold, Gallagher Noes: Beahrs, Berwald, Clark,Comstock, Dias, Norton, Pearson, Wheatley MOTION: Councilman Berwald moved, seconded by Beahrs, to re- consider Councilman Clark's. motion, The motion carried unanimously. MOTION RECONSIDERED: Councilman -Clark restated his motion that the Council reject all proposals and direct the staff to solicit new pro- posals for the development of the site with the stipulation there be no consideration of residential projects other than transient. The motion carried unani mou!l9 ;r, a voice vote, 234 3/16/70" Report re Committee for Green Foothills, et al vs. City of Palo Alto, et al 1 The status report of the City Attorney dated March 10, 1970 regarding the complaint filed by the Committee for Green .Foothills against the City of Palo Alto and others was received. Report re City of Palo Alto v�. Coun of Santa Clara - Taxation of Lands Leased from Stanford The status report of the City Attorney dated March 10, 1970 regarding taxation of land leased from Stanford University was received. Review of Planned Community Zone MOTION: Mayor Arnold moved, and it was duly seconded to continue the request for a review of the Planned Community Zone to March 30, 1970. The motion carried unanimously. Ad;ournment There being no further business, the Council adjourned at 11:45 p. m. ATTEST: i City Clerk APPROVED: 2 3j 5 3/16/70