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HomeMy WebLinkAbout060819707 MINUTES city of palo alto 1 • t Civic Center Palo Alto, California June 8, 1970 The Council of the City of Palo Alto met on this date in regular meeting( at 7;30 p. ni, with Vice Mayor Wheatley presiding: Present: Absent: Beahrs, Clark, Comstock (arrived 9:30 p.m.), Dias, Gallagher, Norton, Pearson, Wheatley Arnold, Berwald, Spaeth Youth Advisory Council Vice Mayor Wheatley announced that the newly elected repreeenta- ttves of the Youth Advisory Council are as follows: Sarah Webster, Palo Alto High School; Lynn Banfteld, Cubberly High School; Karen Sherwood, Jordan Ju.niar High School; Marcel DeLannoy, Wilbur Junior High School.Vice Mayor Wheatley extended the congratulations of the Council to these new representatives who will take office or July Z, 1970. °rove/ of Minutes of May 18 and Z5, 1970 The following corrections were made to the May 18, 1970 Minutes: Page 480, lines 14 to 19 should read: "Director of Planning and Com- munity Development J'0urcroy advised the Council that there is no auto Bic change of *toning. Zone changes must follow the prescribed procedure starting with a Public Hearing by the Planning Commission. Councilman Comstock asked if the proposed project by the Palo Alto Housing Corporation should not be accomplished could the Council be assured of being ixxforred so that the coning could be restored to its present sta'.u$. Director of Planning and Community Development "ourcrpy advised the Council that there is no way to si a absoleett assurance to tits Council that the sorting will be brought back to Council. Staff will take note of what is done and attempt to keep the Council informed." Page 281, after line 9 , bould be inserted; "Councilman Spaeth also asked that the record show that he had been appointed to the Palo Alto Housing Corporation ., by the Mayor and had tendered his resignation which was accepted." 301 6/8/70 Page 283: Paragraph 4, the name Tom Hassell should read Tom Passel. Page 284: Add the following paragraphs between paragraphs 5 and 6: "Mayor Arnold stated the Municipal Code (2. 04. 200) permits the inclusion of an abstract of the remarks of Council members in the action minutes providing it is with the consent of the Council. If there are no objections I would ask that the statement of Council on this topic be reported. " "There were no objections." Page 287: Councilman Pearson requested that the words in paragraph 5 reading "proposed by the Youth Advisory Council" be deleted. Page 288: Add the following paragraph between paragraphs 3 and 4: "CLARIFICATION: Section 3 was the McGovern -Hatfield Amendment. " Page 288: First paragraph under the heading "Youth .Advisory Council Recommendation..." should read as follows: "(Councilman Clark left the Chambers at 11:15 p.m. and returned shortly. )" Page 289: Paragraph 9, the name Clifford Barnel should lead Clifford Barnett. Page 289: Paragraph 10, the name Frank Rock should read Frank Rack. The Minutes as corrected were approved. The following corrections were made to the May 25, 1970 Minutes: Page 294: After the vote on the first Amendment at the top of the page, the following is to be substituted for the balance of the subject: ti1.0 Pt�..__ay.....�., T�w'rAr,r► + t�estad. that the queeti,n be di ded: tads - -ordinance to end with the word* 'Planning C:onurission. deleting the words 'and deleting provisions concerning the voting of ex - officio members. "There being no objections a vote was called en the ordinance as divided. 'Mayor Arnold confirmed that the ordnance now before the floor concerned the section of the ordinance pertaining to the voting of ex -officio members. "Mr. John Porter, representative of the Palo Alto Civic League, advised the Council ot.tl * study the League had made of the Charter 302 6/8/70 of the City of Palo Alto, which does not provide both the Mayor and the City Manager with the power to vote as ex -officio mem- bers. The Palo Alto Civic League recommends to the Council that this matter be referred to the Planning and Procedures Committee." MOTION: Councilman Dias, seconded by Norton, moved to continue the ordinance for one week and refer to the City .Attorney. The motion was defeated by a voice vote. The ordinance pertaining to voting of ex -officio members was defeated by a unanimous voice vote. The ordinance as amended was approved for first reading by unan- tntous voice vote. Page 2951 Paragraph 7, the nacre Bob Perry should read Robert Perrich, Page 298. Paragraph 2, substitute the words "Councilman Norton moved" for the words " Councilman Comstock moved," Page 298; Line 15, delete the name "Dias" from the Ayee; add the name "Dias" to the Noes. The Minutes as corrected were approved, 'e nzr Ftectiean Isc:lta Vice Mayor Wheatley announced the preliminary results ox the election c4 June Z. 19701 Proposition "Shall an area of approximately .551 acres, a part of El Camino Pa;k in the City of Palo Alto, be discontinued for park purpose. through Qctober 13, 1976 under the authority of Article VW of the Charter of the City of Palo Alto, to order that the Palo Alto Chapter of the American National Red Cross can c©mpleto the term of its lease of said site, said area to be restored auto= maticatiy as park dedicated land from sad after ()Witter 14, 1976'" "Oltall Ordinance No, 1515 of the Council of the city of Fa10 Alto, changing the seining of the property bounded by Chemin:, Waverly, Addison, and Arysat atreeto from R-2 and . tttd to VC for devel- opment sea hospital, kt approved? Y 9-- - Ef - 10, 47 503 6/6/70 Upon receipt of the official Certification of Election results from the Registrar of Voters the appropriate documents will be submitted to effectuate the results of the election. California Avenue Off -Street Parkin Vice Mayor Wheatley declared open the hearing on annual assessment which must be levied to pay principal and interest on the parking bonds issued under Bond Plan G in the California Avenue Off -Street Parking Project No. 65-9. There being no one present wishing to speak, Vice Mayor Wheatley declared the hearing closed. City Clerk Farisb reported that no letters of protest had been received regarding the assessment. Vice Mayor Wheatley introduced the following resolution and moved, seconded by fieahree, its adoption; Resolution No. 43S ntitleed "Resolution Confirming Engineer's Report and Assessment Roll - California Avenue Parking Pro- ject No, 65-9" The resolution was adopted by a rnajaa ity voice vote venue District Civic Center - ra -t far ntProievtNo. . Vice Mayor Wheatley declared open the hearing on annual asseess- ment which must be levied to pay principal end let erect on the parking bonds issued strider Bland Plan 0 in the linivereity Avenue Area Off -Street Parking Project No. 66.8. Fdwasd Ames, representing Carol Cranston, 318-338 University Avenue, protested denial of perking places because the only access was across adjacent property. Mr. Amer presented a deed which allows in perpetuity access over adjacent property by mparns of an e4 s t +sat, � nci flesahrs inquired if Mr. Ames had consulted Staff and $g f.i{,4 {gypp r ,.n - - eake 'f N�ai to cool-ggo-lit• CitbPnglneer Witheck advised tho Council that the City does not get a title aaarcb + *itch property and may not be aware of existing ease- rnent±e, Mr. Witbeck edviaed that Staff would check the easement in question. Vice Mayor Wheatley cuansele d Mr, Arne* to register his complaint with Staff, $tatf will report back at next meeting and Mr, Ames will sat-;eive k formal hearing at that time. City Clerk Farl.h reported letters regarding the assessment had been /*cote eel from tits following; Thaita and Thotts, 3t11 Webter Street, 1 304 6/0/70 Mrs, Ernest J. Kurnp, 325 Lytton Avenue: Herbert E. Belli, 536 Emerson Street; and Mr, Irving Sullivan, r 3: Schmidt Building 545-549 Emerson Street, MOTION: Councilman Dias moved, seconded by Gallagher, tha.t all verbal and written protects be referred to Staff with the request that a formal report be bzought back to the Council at the next meeting. The motion was approved by a majority voice vote. Water Rates (CMR: 1.97:9; 25019; 488:0; 511:0; 544:0) Councilman Pearson, on behalf of the Finance Comnirriittee, gave the F`lnancs Committee recommendation that the policy of settling water rates to cover the cost of water be continued and that the increased cost of purchasing water from San Francs sco be passed along to the customer. MOTION: Cauncilrtxarn Pearson introduced the following resolution and moved, seconded; by Norton, its adoption: l es©lut on :'o. $355 entitled "Reeolutthn of the Council of the City of Palo Alto Amending Schedules W-1 and W-1-0 of the City of Palo Alto Utilities pia;;,, .ird cliftrttes, " The resolutionwAil adopted by a taltnimoua voice vats. 11,051*- Vew of Water Rates MOTION; Councilman Pearson, on behalf of the Finance Committee, moved. seconded by Clark, that the Staff be directod to prepare for Council review the water rates which would include the $170.000 increaae in cost of water, also the bulk rates and same tabulation which will .how who uses that volume of water, this report to be returned to Council within sir€ moathe, The 'faction was carried by a unanimous voice vote, Mr, Lou goldsmith, President of the Palo Alto Hou*ing Corporation, spoke regarding their request for !undo as set forth in his letter to the rill+' Age Comre ittae ttt+ w44 ir'cr;mAing cot 01 Asarvicea, Volunteer* have been contributing heavily in time and *onto of their own money but funds are needed far secretarial serviette, mailing, etc, Ceunci1m Ueahar., Clark and Wheatley anpreesed high esteem of Mr, golden** and the other members of the Corporation and of the work they have done. MOTION; Councilman Clark moved, seconded by Gallagher, that _ reviela,ItAtiYai �^.? " Pi;n� ♦1to Lis tai .; Corporeal= , t, elm the �c='== =_ � :� � s rr��� �.'wKFi:ice rw=i �.ii +��wi�iry :nett v.+#` the City Menages, for the purpose of developing a specific contractual agreement to provide tor'aoneuiting services by the Palo Alto lloustiig Corporation tor the City of Palo Alto for the year 1970-71 with the total cost to the city not to succeed $10, 000, 305 6/0/70 CLARIFICATION: Tkie motion is intended to clearly indicate that such an arrangement calls for a complete re-evaluation of such a working arrangement before July. 1971. The motion was carried by a majotlty voice vote. i970-71 - Budget Hearin Councilman Beahrs moved, . seconded by Norton, to approve the recommendation of the Finance Committee that a Public Hearing on the 1970-71 Operating Budget 11•e set for June 22, 1970. The motion was carried by a. unanimous voice vote. (The Council recessed from 9:1n to 9:24 p.m.) Zone Chance — San Antonio Road East Ba those Frontage Road, and Fabian Way MOTION: Councilman Diaa introduced the following ordinance and moved, seconded by Beahrs, its approval for first reading: "Ordinance of the Council of the 'City of Paso Alto Amending Sec- tion 18. 08. 040 of the Palo Alto Municipal Code by Changing the Zoning of Certain Property in the Vicinity of San Antonio Ave- nue, East Bay5hore Frontage Road and Fabian Way from L -M-1 and M -1-S to L -M -1-D and M -1 -S -D" The ordinance was approved for first reading by the following roll call vote: Ayes: Beahrs, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley Noes: None Absent: Arnold, Berwald, Spaeth Application for Variance - 2264 Tasso Street Michael Cunningham, 2264 Tasso, explained drawings and details of the proposed alterations to his home and answered questions from Council. MOTION: Councilman Clark moved. A.ganded bv-Gallagher, that the Planning Commission recommendation for denial of the applica- tion of Michael J. and Judith R. Cunni gharn for a variance to per- mit the location laid construction of a second story addition with a side setback of four feet ten inches where nine feet are otherwise required and a front setback of eighteen feet one inch where twenty feet are otherwise required at 2264 Tasso Street be overruled and the variance be granted. The motion Will carried oy a unanimous voice yote. 306 6/8/70 Use Permu - 3110 Middlefield Road Vice Mayor Wheatley advised Council that a letter had been received from the attorney representing the applicant, Miss Lena Wikramaratne, requesting the application for an extended use permit and additions to existing nursery school, 3110 Middlefield Road be held ove: until July 6. MOTION: Councilman Beahrs moved, seconded by Comstock, to continue the matter until July 6. The motion was carried by a unanimous voice vote. Appreciation to Harold L. Mater (CMR:537:0) MOTION: Councilman Dias introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4356 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation for the Long and Faithful Service Rendered to this City by Harold L. May" Vice Mayor Wheatley asked to add his personal appreciation for the services rendered to the City by Mr, May. The motion was approved unanimously by a voice vote. Chaxr a 4 bin iO3� 1039. _ _ and 1045 Colorado Avenue MOTION: Councilman Gallagher introduced the following ordinance and moved, seconded by Pearson, its adoption: Ordinance No. 2559 entitled "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 1031, 1039, and 1045 Colorado Avenue from R-1 to R -3-G" (first reading 5/18/70) Vice Mayor Wheatley stated that members of the Coupcil are aware of the wishes of the residents in this area to purchase the canal land separating their property from the newly zoned R.-3 property. The City is trying to clear the title to the property so that an- eiec - tive buffer strip can be established. He asked the patience of the people involved whip the details are being worked out, City Manager Morgan indicated that owners would be contacted on this matter in the near future. The ordinance was approved for adoption by unanimous voice vote.. Mechanical Access Parking Facilities MOTION: Councilman Dias introduced the following ordinance and moved, seconded by Wheatley, its adoption: Ordinance No. 2560 entitled "Ordinance of the Council of the City of Palo Alto Adding Chapter 18.87 to the Palo Alto Muni- cipal Code Concerning Mechanical Access Parking Facilities" (first reading 5/Z5/70) The ordinance was adopted by a unanimoua voice vote. Terms of Planning. Gomrni S eion MOTION: Councilman Beahrs,introduced the following ordinance and moved, duly seconded, its adoption: Ordinance No. 2561 entitled "Ordinance of the Council of the City of Palo Alto Deleting, Amending and Adding Certain Sec- tions of the Palo Alto Municipal Code Fixing Terns of Members of the Planning Commission and Providing for the Election of Officers of the Planning Connrnission" (first reading 5/18/70) The ordinance was adopted by a unanimous voice vote. Underground Conversion on Foothill Expressway - s Report or, Bids (CMR:542:0) MOTION: Councilman Dias moved, seconded by f3eahrs, to accept the recommendation of the Staff and award the contract to Power - Anderson, Inc. in the amount of $32, 133.00 for those items that are by agreement with the Pacific Telephone Company the City's responsibility in a joint construction project to accomplish the underground conversion of Foothill Expressway (portion of Project No. 68-83) and to empower the Mayor to sign the contract onbehalf of the Council. The motion was carried by a unanimous voice vote. Middlefield Road Underground Conversion P ject; Pro ject No. - Report on Bids (CMR:546:0) MOTION: councilman Beahrs moved, seconded by Gallagher, to approsre the Staff recorrimendation to award a contract to the Hood Corporation in the amount of $485, 174 for construction of electric and telephone substructure along Middlefield Road. The motion carried by a unanimous voice vote. 3�8 6/8/70 Veteran's Buildin: Lease (CMR:545:0) Vice Mayor Wheatley asked City Manager Morgan to report on the condition of the Veteran's building and recommendations for its improvement or discontinuance. City Manager Morgan advised that Staff does not consider that the building can be rehabilitated. The lease will terminate on September first. Since almost all the intermediate improvements suggested by the Staff have been completed by the Veteran's group it is possible to extend the lease until January 1971. Councilman Gallagher moved, seconded by Pearson, to refer the Staff report to the Public Works Committee. The motion was carried by a unanimous voice vote. _ika lical for "On Sale Beer License" - 247 Hamilton Avenue (CMR:539:0) John Bodley, 1875 Waveriey, requested the Council to protest this application. Andy Hahrn, owner of Andy's Hofbrau, asked that Council not pro- test the application. MOT -ION: Councilman Gallagher moved, seconded by Dias, to file without protest the application for an "On Sale Beer License" at Andy's Hofbrau, 247 Hamilton Avenue, The motion cirri ivy a ■zizianimous Voice vote. Ap•lication for "Off Sale Beer and Wine" License - 32 ) Vice Mayor Wheatley clarified for the Council that this was a trans- fer of an existing license. MOTION Vice Mayor Wheatley moved, duly seconded, to file wi;h- out protest the application for art "Off Sale Beer and Wine" License, Charming Market, 532 Charming Avenue. The motion carried by a unanimous voice vote. Joint Youth Advisor r Council -City Council Committee on Po Vice Mayor Wheatley noted receipt of a letter from Steve Gayle of the Youth Advisory Council suggesting that no further action on this item is needed at this time since investigations are under way and the Youth Advisory Council will submit a progress report in the near future. MOTION; Councilman Pearson moved, seconded by Beahrs, that th e. 'traw be tTb1e The motion was carried by a unanimous voice vote. 309 6/8/70 Foothills Consultant Public Hearin s This matter should not have been on the agenda having been tabled at the meeting of May 25, 1970. Report of Staff on Fisher -Porter Letter Staff responded to questions concerning details of contract award which Fisher & Porter are protesting. Mike Starner, 1586 Springfield Road, Walnut Creek, representing Fisher & Porter, stated he wished to bring to the attention of the Council what he felt wan an injustice to the people of Palo Alto and to Fisher & Porter. After questioning Staff, Council agreed any action would be after the fact and inappropriate at this time. MOTION: Councilman Dias.moved, duly seconded, to table the matter. The motion was carried by a unanimous voice vote. Towing Charges Councilman Pearson requested that Staff be instructed to investigate excessive towing charges as alleged in a letter received by Council- men from Mr. Chamberlain. City Manager Morgan advised the: Council that the City Staff are in -- --- the the process of investigating towing charges and possible covering ordinances in other municipalities. He will report findings to Council. Corporation Yard Prospectus MOTION: Councilman Norton moved to recommend that the Council instruct the City Manager to send to the Palo Alto Medical Founda- tion a copy of the prospectus on the Corporation Yard with a cover letter indicating that the site might be made available to the Foundation. POINT OF ORDER: Councilman Dias spoke on the inappropriateness of the action since the item was not on the agenda for this meeting. MOTION WITHDRAWN: Councilman Norton withdrew his motion, and advised he would place it on the agenda of the next meeting. Oral Communications 1. Robert Cullenbine, 2875 Ramona Street, told the Council he had consistently advised the youth of the City to cooper- ate and avoid confrontations and work with the rules but the City has not responded in kind and the youth are frus - r d .'`assns suit r Y 310 6/8/70 2. Kathryn Vinacour, 1918 Charming, representative of the American Association of University Women read a letter to the Council expressing the hope that there would be many opportunities for the citizens to discuss the Livingston Blayney report on the Foothills. Adjournment The meeting was adjourned at 11:10 p.m. APPROVED: ( AT TEST: i; . City Clerk ,! Ma 311 6/8/70