HomeMy WebLinkAbout07061970Lii*J MINUTES
cityofpaloalto
Civic Center
Palo Alto, California
July 6, 1970
The Council of the City of Palo Alto met on this date in regular
meeting at 7:30 p.m. with Mayor Arnold presiding:
Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias;
Gallagher, Norton, Pearson, Spaeth, Wheatley
Absent: None
royal of Minutes of June 15 and 22, 1970
The City Clerk was directed to consult with Councilman Pearson re-
garding her suggested corrections, additions and changes to the
Minutes of June 15 and 22, 1970. These suggestions to be submitted
to the Council for review.
Election of Mir and Vice Mayor
Mayo Arnold referred to Section 8 of Article III of the Charter which
requires that a mayor and vice mayor be elected at the first meeting
in July and appointed Councilmen Pearson and Clark to serve as tally
clerks. Mayor Arnold then asked the Council to proceed to cast votes
for the office of Mayor for the 1970-71 term.
1
The following ballot was taken:
1. Wheatley
Spaeth
8
3
Mayor Arnold then declared Mayor Jack R. Wheatley elected Mayor
for the year 1970-71.
b6 tetle"
* � yor t Council *o proceed to vote for the offi e e
ivsay �fi' then asked the L..LI'liitlria sv =
of Vice Mayor.
The foliovring ballots were taken:
1. Dias - 2
Spaeth Z
Berwald - 1
Oaliashes - 3
Norton - 3
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Z. Norton 5
Spaeth - 1
Gallagher - 4
Berwald 1
3. Gallagher 5
Berwald 1
Norton - 5
4. Gallagher 5
Berwald - 1
Norton - 5
5. Gallagher - 5
Berwald 1
Norton 5
6. Gallagher 5
Norton 5
Berwald 1
7. Gallagher 6
Norton 4
Spaeth 1
Mayor - vereh- then declared Councilman Frank Gallagher elected
Vice Mayor for the year 1970-71.
Mayor Wheatley and Vice Mayor Gallagher thanked Council members
for their support.
Zone Change - Gospel Lhthouse Church 53, San Antonio Avenue
MOTION: Councilman Arnold introduced the following ordinance and
moved, seconded by Berwald, its approval:
"Ordinance of the Council of the City of Palo Alto Amending Sec-
tion 18. 08. 040 of the Pa'o Alto Municipal Code Changing the
Zoning of Certain Property Known as 535 San Antonio Avenue
from R-li B -8A to P -C."
Director of Planning and Community: Development ro,areeoy, in re-
sponse to question, counseled the Council that there is no legal binding
means to insure this property will remain low coat housing. He
explained that the present project is to be funded under federal pro-
grams which tie the developer to a rent structure.
The ordinance was approved unanirrousl.y by voice vote for first reading.
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Division of Land - 100 Waverly Oaks
MOTION: Councilman Norton moved, seconded by Beahrs, to uphold
the recommendation of the Planning Commission to approve the appli-
cation for Conditional Exception to lot split located at 100 Waverly
Oaks.
M.B. Bentley, 111 Waverly Oak.;, asked if it were not customary to
notify the residents of the area when a request of this sort is being
made and requested the Council to deny the lot split.
Senior Assistant City Attorney Stone advised that publication for this
subject is not regeired under the law.
D. A> Briggs, 55 Waverly Oaks, expressed concern over introduction
of additional traffic on a very narrow private driveway.
Charles O. Schultz, attorney for the applicants, explained that an
effort is being made to make two good residential units, not dealing
in terns of a development,
Due to disturbance in the Chambers Mayor Wheatley requested Senior
Assistant City Attorney Stone to read the following section from the
California Penal Code:
"The public business of this city must go _orward_in
orderly and democratic manner allowing for those who
have business before the Council to speak without the
harrassment and disruption by others."
Senior Assistant City Attorney Stone then stated "Your conduct is in
violation of the Palo Alto Municipal Code and the California. Penal
Code, Section 403, and i assure you that further disruption of this
meeting will not be countenanced."
(Council recessed from 8:40 p, m. to 9:05 p.m.)
C.W. Stubenrauch, 2150 Waverley, spoke in favor of helping the
applicants and commented on the importance of keeping the status quo
on the present traffic flow on Waverly Oaks.
At this point the Meeting was interrupted by an unidentified citizen
who shouted and requested that the agenda be rearranged to talk on
Agenda Items listed under i usine su.
AMENDMENT: Councilman Clark moved, duly seconded, to amend
the motion by adding that access to the street by Parcel A be limited
to Waverley Street.
MOTION: Mayor Wheatley moved, duly seconded to hear from the
public although there is a motion on the floor.
The s iu$L ui wets': approved by U aauivavii.s voice vote.
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7/6/70
Mrs. Virginia Briggs, 55 Waverly Oaks told the Council that since
the original condition was created by a grant deed the form of the
restriction should be a matter of equal weight.
Director of Planning and Community Development Fourcroy advised
the Council this could be accomplished.
The motion as amended was approved by unanimous voice vote.
T ransportation PoIic ' Committee
Councilman Comstock, representative to the Transportation Policy
Committee of Santa Clara County presented a report on the activities
of the Committee and advised the Council that the Public Information
Committee will be contacting Council.menabers concerning represen-
tatives from Palo Alto to assist with the campaign for the support of
a transportation district election to be held at the time of the November
general election.
The report was received.
Resolution of A,p weciaiio L. :viarie L. Babka
(CMR:579:0)
MOTION: Councgrnan Berwald introduced the following resolution
and moved, seconded by Gallagher, its adoption:
Resolution No. 4362 entitled "Resolution of the Council of the
City of Palo Alto Expressing Appreciation to Marie L. Babka
Upon Her Retirement."
The resolution was adopted by unanimous voice vote.
Zone Cha 488 West Charleoton Road
MOTION: Councilman Beahrs introduced the following ordinance and
moved, seconded by Pearson, its adoption:
Qrilj ;i j)4Q. ,I entitled "Ordinance of the Council of the City
of PaloAlt' Amending Section 18. 08.040 of the Palo Alto Muni-
cipal Code Changing the Zoning ,f Certain Property Known as
488 West Charleston Road from R-1 to P -C. " (first reading 5/18/70)
The ordinance was adopted by unanimous voice vote.
Fee Schedule
MOTION._ Cniinrilmas, p e t: i nticachi_rtri the io iowtng ordi......... and
moved, seconded by Norton, its adoption:
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7/6/70
Ordinance No. 2566 entitled "Ordinance of the Council of the
City of Palo Alto Amending Certain Sections of the Palo Alto
Municipal Code to Increase Various Fees" (first reading 6/22/70)
The ordinance was adopted by unanimous voice vote.
Transient Occupancy Tax
MOTION: Vice Mayor Gallagher introduced the following ordinance
and moved, seconded by Berhrs its adoption:
Ordinance No. 2567 entitled "Ordinance of the Council of the City
of Palo Alto Adding Chapter 2. 33 to the Palo Alto Municipal Code
Establishing a Tax Upon the Privilege of Transient Occupancy,
and Providing for the Collection Thereof and Penalties for Vio-
lation" (first reading 6/22/70)
The ordinance was adopted by the following roll call vote:
Ayes: Arnold, Beahrs, Clark, Cornnstock, Wow, Gallagher,
Norton, Pearson, Spaeth, Wheatley
Noes: lie rwald, Dias
Sala.-ry and Fringe Benefit Program for
197'0-71 (Cz R:572:0)
City Manager Morgan reviewed his report (CMR:572:0) on the Salary
and Fringe Benefit Program for 1970-71.
Robert Cummings, 20 Regent Place, urged the Council to reject the
proposed salary and fringe benefit program for 1970-71.
(T here was disturbance in the Council Chambers and the Council
recessed for 10 minutes.)
Mr. Cummings continued to speak on cutting costs.
Tim Gadus, 117 University, spoke.
POINT OF ORDER: Vice Mayor Gallagher pointed out that 117 Uni-
versity Avenue, was the address of a public piaee and not a residence.
Mx. Gadus replied that he could always be located at that address.
MOTION: Councilman Dias introduced the following resolution and
moved, :seconded by Norton, itse adoption:
Resolution No. 4363 entitled "Resolution of the Council of the City
of Pain Alto Adopting a Compensation Plan."
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7/6/70
The resolution was adopted by unanimous voice vete.
MOTION: Councilman Dias introduced the following ordinance and
moved, duly seconded, its adoption for first reading:
"Ordinance of the Council of the City of Palo Alto Amending
Section 2.08. 100 of the Palo Alto Municipal. Code to Change the
Day Upon Which Certain Holidays are Celebrated."
MOTION: Councilman Pearson moved, seconded by Spaeth, to hear
from the public at this time although there is a motion on the floor.
The motion was approved unanimously by voice vote.
Jerry Ford, 436 Palo Alto Avenue, requested the name of Independence
Day be changed to Malcolm X or Huey Newton's Birthday.
The ordinance was approved for first reading on the following roll
call vote:
Ayer: Arnold, Beahrs, Berwald, Clark, Comstock, Dias,
Gallagher, Norton, Pearson, Spaeth, Wheatley
Noes: None
Pacific Gas and Electric. Corrpany (Power
Supp and Sub$taation Rg::iren?ents� (CMR:580:0)
MOTION: Councilman Clark moved, seconded by Dias, to approve the
proposed agreement re sale of electrical power with the Pacific Gas
and Electric Company and to authorize the Mayor to execute the
agreement.
City Manager Morgan pointed out that this is an extremely important
contract and deserves careful attention. Staff have endeavored to
assure the immediate and long range power supply requirernents of
the City on terms which are considered to be equitable.
R. Nagel, Light and Power Department, replied to questions from
Council.
MOTION: Councilman Berwald mopeds_ seconded by Comstock, to
hear from the public although there is a motion on the floor.
The motion was approved by unanimous voice vote.
Tim Gadus, 117 University Avenue, asked the Council to reject the
proposed agreement.
The motion authorizing execution of the agreement was
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City/School Community Services Contract
(CMR:576:0)
MOTION: Councilman Pearson moved, seconded by Beahrs, to approve
the contract for community recreation with the Palo Alto Unified School
District and the Mayor be authorized to execute the contract.
The motion was approved by unanimous voice vote.
Central Palo Alto Planning Study - Program. of
Implementation (CMR:578:0)
Mayor Wheatley recognized the public to speak:
Ellen Wyman, 546 Washington, spoke against this study.
Barbara Kear, 425 Grant Avenue, asked Council if the citizen input
is to be considered only after the plan is adopted.
Director of Planning and Community Development Fourcroy, at the
request of Councilman Arnold, reviewed the history of the California
Avenue area.
MOTION: Councilman Pearson moved, seconded by Clark, to refer
this item to the Planning and Procedures Committee.
AMENDMENT: Councilman Comstock moved to amend tht motion to
direct the item to the Planning Commission.
CLARIFICATION: Councilman Dias explained the item would be sent
to the Planning and Procedures Committee to decide if a policy com-
mitment could be suggested.
AMENDMENT WITHDRAWN: Councilman Comstock withdrew his
amendment to the .notion. -
The motion was approved by unanimous voice vote.
Ster1i nn Canal, Seale -Wooster Canal
Ri bt-o W.a.y iCl+ : :d
MOTION: Councilman Beahrs introduced the following resolution and
moved, seconded by Pearson, its adoption for first reading.
Resolution No. 4364 entitled "Resolution of the Council of the
City of Palo Alto Finding and Determining that the Public Interest
and Necessity of Said City Require, for Public Use, Certain
Land Located in the City of Palo Alto, County of Santa Clara,
State of California, and Directing the Filing of Eminent Domain
Proceedings -Seale -Wooster Canal -Sterling Canal."
The resolution was adopted by unanimous voice vote.
See
Page
353
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7/6/70
Swi*nming Pool Admission Fees CM9e 575;0))
MOTION: Councilman Spaeth move.:. seconded by Gallagher to approve
the rates for swimming pool admissions as set forth in the Staff report
of July 2, 1970. iCMR:575:0)
AMENDMENT: Councilman Berwald moved, seconded by Arnold, to
amend the motion to keep the price of the coupon book at the present
lee.
CLARIFICATION: The single admission fee would be increased but
the 10 ticket book would remain at the present charge.
The amendment was defeated by the folio ing roll call vote:
Ayes: Arnold, Berwald, Comstock, Wheatley
Noe: Beahrs, Clark, Dias, Gallagher, Norton, Pearson, Spaeth
The motion was approved by the following roll call vote:
Ayes: Arnold, Beahrs, Clark, Dias, ;allagher, Spaeth: Wheatley
Noes: Berwald, Comstock, Norton, Pearson
4
(Cou.icil recessed at 8:20 p. m.)
Appointment of City Attorney
Mayor Wheatley announced that in an Executive Session the City
Council of Palo Alto named Senior Assistant City Attorney Peter G.
Stone as the new City Attorney, salary to be fixed at a later date.
Use Permit - 3110 Middlefield Road
Director of Planning and Camnnunity Development Fourcroy responded
to questions from Council regarding the appeal of Miss Lena Wikrarnarat e
from the decision of the Zoning Administrator to deny her application
for a use permit to allow an increase from 20 to 30 children and to
allow additions to the existing Montesorri Nursery School. at 3110 Middle-
field Road. He explained that the conditions for approval as recom-
mended by the Planning Commission, i . e., non -transferable use, no
building opening to side, size of shrubbery to be installed, havet been
met or wilt be met as part of the conditional approval.
Frank Crist, Sr. , 1865 Hamilton Avenue, attorney for the applicant,
asked the Council to permit the planting of smaller shrubs than pre-
viously ordered, explaining a smaller shrub will give a faster growth.
Tn1+n Arrrfstrnrta_ X45 T �.w.' tI®.-7e. bj� _}wrato the application_
Robert Cullenbine, 2875 Ramona Street, spoke in favor of the application.
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•
•
MOTION: Councilman Pearson moved, duly seconded, that the
Council uphold the recommendation of the Planning Comrnission and
approve the application of Miss Lena Wikramaratne :or a use permit
at 3110 Middlefield Road subject to the conditions set forth by the
Planning Commission.
The motion was approved by the following roll call vote:
Ayes: Arnold, Beahrs, Clark, Norton, Pearson, Spaeth,
Wheatley
Noes: Berwald, Comstock, Dias, Gallagher
Bryant Street Project
ue.
MOTION: Councilman Spaeth moved, dhily seconded, to hear from
the public.
The motion was approved by unanimous voice vote.
Fred Dodsworth, 117 University Avenue, addressed the Council.
PONT OF ORDER: Vice Mayor Gallagher noted the address given by
Dodsworth as his residence, 117 University, is a public place.
Mr. Dodsworth advised the Council it is the appropriate address for
communication to him. He spoke against the Bryant Street P.roje,r ____
Mr. Kenneth Jones, and Director of Planning and Community Develop
ment Fourcroy responded to questions from the Council.
Louis Haley, 233 Ramona, complained about the public who could not
be admitted to the meeting.
Councilman Norton introduced the following resolution and shoved,
seconded by Beahrs, its adoption:
Resolution No. 4365 entitled "A Resolution of the Council of the
City of Palo Alto Finding and Determining that the Public Interest
and Necessity of Said City Require, -for Public Use, Certain
Land Located in the City of Palo Alto, County of Santa Clara,
State of California, and Directing the Filing of Eminent Domain
Proceedings - Ramona Street,_-*=_° amt sire t, Ilorence Street"
The resolution was approved by the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher.
Norton, Spaeth, Wheatley
Noes: Comstock, Pearson
See Page
352
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7/6/70
MOTION: Councilman Norton introduced the following ordinance and
moved, sec anded by Beahrs, its adoption:
"Ordinance of the City of Palo Alto, California Amending the
Palo Alto Municipal Code by Adding Section 13. 12. 080 to Title 13
Thereof, Declaring Need for Parking Authority to Function in
the City of Palo Alto Prescribing its Narne, Organization, Pur-
poses, Powers, Operation, Management and Financing."
See Page
353
AMENDMENT: Councilma a Pearson moved, seconded by Wheatley,
to delete from Section 3 the words "an emergency measure."
The amendment failed on the following roll call vote:
Ayes: Berwald, Comstock, Pearson
Noes: Arnold, Beahrs, Clark, Dias, Gallagher, Norton,
Spaeth, Wheatley
Discussion on the ordinance and parliamentary procedure followed.
The motion to approve the ordinance was defeated by the following
roll call vote:
Ayes: Arnold, Beahrs, Clark, Dias, Gallagher, .ortot ,
Spaeth, Wheatley
Noes: Berwald, Comstock, Pearson
(9 votes required to approve)
MOTION: Councili:iaan Arnold moved to continue the parking ordinance
for one week.
City Attorney Stone advised this was out of order.
( Council recessed for 5 minutes.)
California Supreme Court Ruling
of June 30 1970
MOTION: Councilman Berwald moved, seconded by Gallagher, that
the City Attorney be directed to return an opinion on one Supr c -m
Court ruling of June 30, 1970 concerning the 1 man- I vote ruling.
The motion was approved by a. majority voice vote.
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7/6/70
"Downtown"
MOTION: Councilman B rwald moved, seconded by Comstock to
continue this item for two weeks.
The motion was approved by unanimous voice vote.
Housing Matters
Mrs. Lois Hopper, 2001 Bryant Street, spoke on behalf of the Senior
Coordinating Council, asking assistance for persons displaced from
low cost housing.
Richard Kirschner, representing the Stanford employees, urged the
City to buy up enough land to build 2500 low cost housing units,
Johe Logan, 650 Horner, speaking for the Mid -Peninsula Community
House, sugges' JdCouncil members consider the housing policies of
Mountain View.
Suzanne McPherson, 376 Diablo Court, speaking for the League of
Women Voters, urged the Council to seriously look at the housing
situation in the city,
Jed:: ifobsen, 656 Charming, speaking for the Palo Alto Tenants Union,
spoke of a young family who were turned away from the Council
Chambers for this meeting because of the crowd.
Mrs. Sally Ebeling of the American Association of University Women
spoke on behalf of those evicted and urged the City Council to explore
possibilities of relieving the lo•' cost housing problem.
Jerry Ford, 436 Palo Alto Avenue, East Palo Alto Tenants Union,
stated that the displaced persons from Palo Alto are moving into East
Palo Alto and puttine pressure on the housing situation there.
Janet Owen, 863 Moreno Avenue, Mid -Peninsula Citizens for Fair
Housing, spoke of the need for planning for low cost housing.
Ed Lowe, 1010 Waverley, Palo Alto Tenants Union, demanded imme-
diate construction of 4,000 low and moderate cost housing unit.
Mrs, Sarah Johnvorz, 1836 Hamilton Avenue, YWCA, _ asked for imme-
diate attention to the problems of low -moderate income housing.
Tom Passel, 3825 Louis Road, spoke for the Palo Alto Civic League,
and asked that a City Staff person be assigned to direct his full atten-
tion to the housing issue.
'rung T'si, 611 Webster, urged the Council to aggressively pursue
money for construction of low cost housing.
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7/6/70
Mrs.Chalmers S*nith, 4284 Los Palos, asked the Council to continue this
agenda item so :that more people could be heard.
MOTION: Councilman Comstock moved, seconded by Pearson, to
refer the question of low -moderate cost housing to the Planning Com-
mission for a complete review and development of a policy action
considering material proposed on July 6, along with other concepts,
subsequent Council action in referral to reflect Planning Commission
recommendations.
Councilman Spaeth moved, duly seconded to adjourn until 7:30 p. m.
on July 13, 1970.
The meeting adjourned at 2:40 a. m.
APPROVED:
,E
1
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