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HomeMy WebLinkAbout07201970MINUTES city of palo alto Civic Center Palo Alto, California July 20, 1970 The Council of the City of Palo Alto met on this date at 7:30 p.m. with Mayor Wheatley presiding. Present: Arnold, Beahrs, Bias, Gallagher, Norton (arrived 7:34), Pearson; Spaeth (arrived 7:36), Wheatley Absent: Berwald, Clark, Comstock Housing Mayor Wheatley announced that the regularly scheduled meeting of July 27, 1970 has been cancelled; that on that night the Council will meet as a Committee of the Whole to consider the housing issue. The frieeting will -be held in the auditorium at Gunn High S hool. Approval, of Minutes - June 15 and 22, 1970 In accordance with Council directive of July 6, 1970 the following cor- rections and additions to the Minutes of June 15 and 22, 1970 were submitted for review: 'Minutes of June 15, 1970 "Councilman Pearson requested the following corrections to the June 15 Minutes: (1) page 314, Bryant Street Project, correct spelling of name "Ellen Schimura'° (2) page 318, Regional Water Quality Control Board, first paragraph after the word "regarding" change to read . the presentation and report by the staff and the prep r 4 _- sentative to the Regional Water Quality Control Board.' "Councilman Pearson requested that the following remarks be added on page 318 under Regional Water Quality Control Board: (1) after the Point of Order, add 'Councilman Pearson noted she still had the floor and still had more questions.' (2) after the Amendment to the sviuti u.0 tU Adju iz i, add tue following. 350 7/20/70 (a) 'Courcilman Pearson noted she still had the floor and still had more questions.' (b) 'Vice Mayor Wheatley advised that if Councilman Pearson retained the floor he desired to adjourn the meeting.' (c) 'Therefore, in deference to the people who indicated they wished to speak, Councilman Pearson withdrew her questions.'" "Minutes of June 22, 1.170 "Councilman Pearson requested that in the Minutes of June 22, 1970, page 321, the amendment at the bottom of the page should read as follows: AMENDMENT: Councilman Pearson moved, seconded by Spaeth, tc an -tend paragraph 4 of the contract to read 'Con- sultant shall provide quarterly reports as directed by City Council during the course of the study, setting forth its findings and conclusions, and an itemized accounting of funds paid by the City, and shall provide a final report on or before June 30, 1971.° "City Clerk Farish requested that on page 325 of the Minutes of June 22, 1970, Bryant Street Project, that the following Amend- ment, Clarification and Vote on the first motion, which were inadvertently left out of the Minutes, be added: AMENDMENT: Councilman Comstock moved, seconded by Pearson, to amend the motion to provide for construction of 430 parking spaces through the usual assessment district proceedings. CLARIFICATION: Councilman Comstock stated it is implicit in his motion that the parking spaces will be provided by the developer and not by the City. The amendment was defeated by a majority voice vote. "Councilman Pearson requested the following corrections and e. ._ ,.s;_�a�__ c►n pees 325, and 326, Bryant Street Project: (1) at the end of the first motion, page 325, add 'and to direct the staff to draw up an agreement with Cornish and Carey.' (2) the first Amendment, page 325, be corrected to read: 'Councilman Cornstock moved, seconded by Pearson, that the contract for this project include an Affirmative Action Program clause.' Carried unanimously. (3) the aecond amendment on page 3z5; 'dutJ changed to 'seconded by Pearson' CA lu i,aid __ .n VC (4) the second Motion on gage 325 to read -`Mayor °mold moved'iinstead cif 'Councilman Pearson moved' (5) after the second Motion, page 325, add the following: 'it was noted that this was included in the Spaeth motion and Mayor Arnold withdrew his motion. ' (6) first Motion, page 326, instead of 'Councilman Comstock moved' change to 'Mayor Arnold moved' (7) second Motion, page 326, instead of 'Councilman Com- stock moved' change to' Mayor Arnold moved' " The Minutes of June 15 and 22, 1970 were approved as corrected. Approval of Minutes - June 29, 1970 Councilman Pearson requested that on Page 331 the rnotiori regarding Tennis Court Fences should read; "Councilman Pearson moved that the staff report be referred to the Planning Commission for their study and recommendation to the Council." There were no objections. Councilman Pearson requested that on Page -333, --the Motion regarding Wi11-nw Road -Ex -press -Way should read "Councilman Pearson introduced the following..." There were no objections. The Minutes of June 29, 1970 were approved as corrected. A aprpval of Minutes - July 6, 1970 Councilman Pearson advised that the last paragraph on Page 335 should read "Mayor Wheatley then asked the Council to proceed to vote for the office of Vice Mayor"; and that the first paragraph on Page 336 should read "mayor Wheatley then declared Councilman Frank Gallagher elected Vice Mayor for the year 1970-71." Councilman Pearson advised that on Page 343. after fhP_tit1e lution No. 4365 and before its approval, the following should be added: "The Council moved to approve the resolution subject to the attachment of a correct description which would include the street area. "MOTION: Councilman Pearson moved, seconded by Comstock, to hear from the public although there is a motion before the Council. "The n tior zcatriod tolatirricly by voice vote. 352 7/20/70 "Tung _j 'ai, 611 Webster spoke against the Bryant Street Project. "Eugene Robinson, 500 Melville Avenue, asked the Council for a decision on the alternate proposals for the garage purc'aase and management. "Scott Carey, 107 University Avenue, stated that Cornish and Carey would be willing for either alternative to go to the voters." There were nc objections. Mayor Wheatley requested that in the middle of Page 343 after "Fred Dodsworth, 117 University Avenue" should be added the words "Addressed the Council." There were no objections. Councilman Pearson requested that on Page 344, the Amendment re- garding the Parking Authority should read "...to delete from Section 3 and any other references to an emergency statement." Councilman Pearson requested that the top line on Page 346 the word "Mrs " should be before "Chalmers Smith." There were no objections. Councilman Dias requested that on Page 339, Transient Occupancy Tax, that ler "NO" vote be recorded. Councilman Dias requested that on Page 341 in regard to Central Palo Alto P1.anning Study that in the paragraph beginning with the word "CLARIFICATION" the words "if a policy commitment could be sug- gested" should be deleted and the words "on policy direction for the area" should be inserted. There were no objections. The Minutes of July 6, 1970 were approved as corrected. 'deterans Buildiag (CMR:589:0) __1•4017.01-4 Vice Mayor GM:lagher oil behalf the Public Works Com- mittee, moved that the lease termination notice for the Veterans Build- ing be rescinded and that the staff be directed to prepare a new agree= rnent encompassing the following points: 1. termination of occupancy on October 15, 1976; 2. the lessee 'comply with the following requirements as estab- lished by the Building Official: a. point entire interior of the building with fire retardant. paint; 353 7/20/70 b. install 5/8" sheet rock on walls at each end of the main assembly room extending into the attic and terminating at the underside of the roof; c. provide an emergency lighting unit in the main assembly area; d. raise panic hardware on exit doors to 35" above the floor; e. install 5/8" sheet rock on the wall sel+arating the custo- dian's apartment from the assembly area extending ir..to the attic and terminating at the underside of the roof;__ 354, 7/20/76►.: 1. install proper vent for stove in custodian's apartment; g. post occupant load signs in assembly areas; h. limit occupancy load to 150 people. The motion carried unanimously by voice vote - John D. Snow, on behalf of the Veterans Council, thanked the Council. Downtown Park -North MOTION: Vice Mayor Gallagher, on behalf of the Public Works Com- mittee, moved that the following recommendations regarding the Downtown Park -North be approved: 1. the Master Plan be approved; 2. the Architect, Michael Painter and Associates, be directed to proceed with plans and specifications; 3. the Mayor be authorized to execute a new contract with the Architect reflecting preparation of plans and specifications at a cost o2 $5,275.00; and 4. that final plans be returned to the Committee to determine the construction timing. The motion carried unanimously by voice vote. (NOTE: Subject reopened on Page 355) Zone Change - Gospel Lighthouse Church 5'l5 San Antonio. Avenue MOTION: Councilman Arnold introduced the following ordinance and moved, seconded by Beahrs; its adoption: Ordinance N 25 68 c titled "Ordinance of the Council of the City iJxtiiiawiaC:C No. G7VV c..:.«.� of Palo Aito Amcnd=.'q Section 18. 08. 040 of tree P aye ADr M„nici- pal Code Changing the Zoning of Certain Property Known as 535 San Antonio Avenue from R -1:13-8:A to P -C" (first reading 7/6/70) The ordinance was adopted unanimously by voice vote. Salary and Fringe Benefit Provrorn for 1970-71 -- Holidays (CMR:572:0) MOTION: Councilman Beahrs introduced the following ordinance and moved, seconded by Pearson, its adoption: Ordinance No. 2569 entitled "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" {first reading 7/6/70) The ordinance was adopted unanimously by voice vote. Community Antenna Television (CMR:590:0) MOTION: Vice Mayor Gallagher moved, seconded by Beahrs, that the two reports received relating to marketing considerations and engi= neering feasibility for Community Antenna Television be referred to the Finance Committee for review and recommendation. The motion carried unanimously by voice vote. Downtown Park -North Barbara Lee, 154 Bryant, stated that she had wished to speak to the item regarding Downtown Park -North but had not been recognized by the Chair. She asked that the subject be reopened. MOTION: Councilman Norton moved, duly seconded, that the action regarding Downtown. Park -North be set aside and Miss Lee be allowed to speak. The motion passed by majority voice vote. Barbara Lee spoke in opposition to the Park. City ?Manager Morgan explained that earlier studies had indicated a need for a park in this particular area, that a five-year program was undertaken by which families would be allowed to relocate, and the park plans are on e:k phased program to alleviate problems for tenants. John Scott, no address given, asked that `'Oral Communications" be moved up on the agenda. Y' 441 �s C')t? . .. : ..,.a...7 1...♦ s�, is vaaia aveis ices, .rut., asla�aj,a• I saisrc. uaas «ac ssso�.ai.soivss S'egarant the park has been going oa for two or tree years. 355 7/20/70 Joe Beer, 611 Webster, opposed a park being built in an area where low income families have to be evicted. George Tappan, 652 Charming Avenue, said the City should be able to change its plans. Jim Fosnick, 117 University, said the money should be spent on the lighting of El Camino Park. Leonard Cornell, 420 Adobe Place, said he opposed decision to pro- ceed with thin park until problems of low cost housing are settled. Mrs. Edwin Kinderman, 501 Forest, said there are rnany residents outside of the building unable to get in. Steve Gayle, Tanl.an Drive, said that control of the environment should be given back to the people. Stacy Thomas, 1880 Fulton Street, said the City should acquire a repu- tation for concern for people in addition to our scientific achievements. H e suggested the item be sent back to committee so community interest can be heard, Fred Dodsworth, 872 Boyce, said parks should be along El Camino and railroad tracks and housing areas should remain as housing areas. MOTION: Councilman Norton moved, seconded by Dias, the recom- mendation as previously moved (see page 354). The motion carried unanimously by voice vote. Civic Center,Garay Contract (CMR:592:O) MOTION: Councilman Dias moved, seconded by Beahrs, that the Mayor be authorized to execute the contract on behalf of the City with Wells Fargo Security Service for the operation of Civic Center Garage for the fiscal. year 1570-74 the maximum expenditure to be $19,800. The motion carried unanimously by voice vote. ction Jane Z„r 1470 Con.firmirm Canvass T3v Registrar of Voters MOTION: Councilman Norton introdficed the following resolution and moved, seconded by Dias, its adoption: Resolution No. 4366 entitled "Resolution of the Council of the City of Palo Alto Confirming Canvass by Registrar of Voters of Santa Clara County of Special Municipal Election. (NOTE: Proposition K regarding the Red Cross Lease YES: ' 15,087 'NO: 3,239 356 7/20/70 Proposition L regarding zoning for a hospital -- YES: 9,228 NO: 10,190) The resolution was adopted unanimously by voice vote. Red Cross Lease MOTION: Councilman Pearson introduced the following ordinance and moved, seconded by Gallagher, its adoption: Ordinance No. 2570 entitled "Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code Section.22. 08.230 Temporarily to Delete Therefrom Certain Lands Dedicated For Park, Playground, Recreation or Conservation Purposes (Palo Alto Area Chapter of the American National Red Cross Lease)" MOTION: Councilman Pearson moved, seconded by Gallagher, to hear from the public although there is a motion before the floor. The motion carried unanimously by voice vote. Ann Hipshman, 2537 Oakwood, East Palo Alto, asked regarding dispo- sition of the land after the five year lease period. John Rogers, 649 Forest, a dvised_tat_pc--opte are not being .,!lowed into the Char . e: s as people leave. Jinn Fosnick, 117 University, advised he would leave if Tim Gaddus would be allowed to enter in his place. The ordinance was adopted unanimously by voice vote. Parkin.LAuthority MOTION: Councilman Spaeth introduced the following ordinance and moved, seconded by Dias, its approval for first reading: An Ordinance of the City .of Palo Alto, California, Amending the Paio Alto Municipal Code by Adding Section 13, 12.080 to Title l 3 thereof, Declaring Need for Parking Authority to Function in the City of Palo Alto, Prescribing itz Name, Organization, Purposes, ._ Qwers ;__vperation Management and Financing In answer to question, City Attorney Stone advised that six votes are required. The ordinance was approved for first reading on the following roll call vote: - r.... . - minter . Nortoz Arnold, 41• wila •raaav�6a u�sec:g. �vaaa� _ ., � vas Wheatley Noes: Pearson q`I__ th! 357 7/20/70 Pacific Gas and Electric Company Gas Rates (CMR:584:0) MOTION: Vice Mayor Gallagher introduced the following resolution and moved, seconded by Norton, its adoption: Resolution No. 4367 entitled "Resolution of the Council of the City of Palo Alto Amending Schedule G-1 of the City of Palo Alto Utilities Rates and Charges" The resolution was adopted unanimously by voice vote. Sewage Collection and Disposal Rate Proposals (CMR:588:0) MOTION: Councilman Arnold introduced the following resolution and moved, seconded by Gallagher, its adoption: Resolution No. 4368 entitled: "Resolution of the Council of the City of Palo Alto Amending Schedules S-1, S-1-0, S-2, S-2-0 and S-3 of the City of Palo Alto Utilities Rates and Charges" The resolution was adopted on the following roll call vote: Ayes: Arnold, Beahrs, Dias, Gallagher, Norton, Spaeth, Wheatley Noes: Pearson Catch Basin Reconstruction - Phase II Report on i s eT;�CMR:444.0) MOTION: Councilman Beahrs moved, seconded by Gallagher, that the contract for the Catch Basin Reconstruction -Phase II be awarded to the low bidder, J. G. Torres Concrete Construction Company of Mountain View, in the amount of $8, 920 and that the Mayor be authorized •to execute the contract on behalf of the City. The motion carried unanimously by voice vote. Election Expenses - Propositio4is K and L --- June 2, 1970 Election Mayor Wheatley acknowledged receipt of the Report from City Clerk Farieh which noted the following cost of the consolidated Primary Election on June 2, 1970: 358 7/20/70 Services rendered by the Registrar of Voters Printing 31,500 ballot arguments for two measures Legal Publications $1, 772,10 661.50 194.37 Total $2, 627. 97 Wooden Frame Structures in Fire Zone I; Arts Commission; Solid Waste;____ User Services Charges; and 1 1 Water T awe s Councilman Pearson read the Finance Committee recommendation thtt the Council submit the following questions to policy discussion and determination: a. amortized eliminationof approximately 300 wooden frame structures in Fire Zone 1; b. the need for an Arts Commission; c. continued aggressive exploration of means to increase beneficial use and reuse of solid waste; d. Other potential user services charges: 1. charges to those now using the refuse disposal facility toll free, 2. charges to users of Foothills Park to cover maintenance and upkeep costs, e. water rates and usage pertaining particularly to volume user - (study directed at Council meeting of June 8, 1970). MOTION: Councilman Pearson moved, duly seconded that Item a. be continued to the Committee of the Whole meeting of July 27, 1970 when housing will be discussed; Items b, and c. be continued inde- finitely; and Items d. and e. be referred to the Finance Committee. MOTION: Mayor Wheatley moved, seconded by Dias, to hear from the public although there is a motion before the floor. The motion carried unanimously by voice vote. Mrs. Edwin Kinderman, 501 Forest, spoke in opposition to Item a. Ed Lowe, 1010 Waverley, spoke in opposition to Item a. Martha Blair, Palo Alto Civic I.,e+egue 25 " ster, i ., ..�o`j Wpb-_ a; an.e� isouncri to approve- referral of Item a. to the Committee of the Whole meeting. CLARIFICATION: Councilman Pearson advised that by continuing Items b. and c. indefinitely they can be brought back to Council at the request of a councilman at any time. The motion then carried unanimously by voice vote. 359 7/20/70 Downtown MOTION: Vice Mayor Gallagher moved, seconded by Norton, that the item regarding "Downtown" as requested by Councilman Berwald, be continued to August 3, at which time Councilman Berwald will be in attendance. The motion carried unanimously by voice vote. Housing Councilman Pearson referred to several amendmerits she had made at the July 13, 1970 meeting that had not been acted upon at the time of adjournrnent in which were specific requests for information re- garding demolition taxes, requirements of the developer to replace housing, housing funds and land bank, and the idea of having the Palo Alto housing Corporation meetings open to the public. Director of Planning and Community Development Fourcroy advised that staff were working on a report which will attempt to spell out all of those items. Location for Council Meetinss Councilman Spaeth brought up the subject of where to hold Councit Meetings when there is an'averftow crowd, Discussion followed on how to reassure the citizens that they will be able to hear and see the meetings, when to move the meeting to another location, the finding of an appropriate location, and the legality of admitting residents first. Councilman Spaeth advised he will put the item on the August 3 agenda and would appreciate suggestions on the subject. ¥suds Advisukx Council involvement with Couxn Housin¢ Authors Councilman Dias referred to her memorandum to Council dated July 6, 1970 which stated her intention to bring up under New Bus iness a motion in regard to the cooperation of the Youth Advisory Committee w ° :, ='_ _County Housing Authority. MOTION: Councilman Dias :roved, seconded by Beahrs, the matter of the Youth Advi .ory Council being informed of the Sarnia Clara County Housing Authority office and asked to study possible means of cooperation by YAC (by volunteer staffing, surveys, distribution of literatures, etc.) be referred to the July 27, 1970 Committee of the Whole Meeting. MOTION: ''Mayor Wheatley moved, seconded by Pearson, to hear from the public although there is a motion before the floor. 360 7/20/70 The motion carried by unanimous voice vote. Mrs. Alice Smith, 4284 Los Palos Circle, spoke of the County Housing Authority's lack of sufficient funds. The motion to refer carried unanimously by voice vote. Association of Bay Area Governments Councilman Dias. Council representative to ABAG, advised that the July 30, 1970 ABAG meeting will be for the purpose of voting on the General Plan fir the whole nine Bay Area counties. She eumtnarited the General Plan which had been sent to all the Council rioting the specific goals and recommendations. She stated that her main con- cern was the ABAG's Planning Department designation of industrial development on Stanford land west of Interstate Highway 280. She noted that such designation was not in the County's nor the City's General Plans and asked Council direction. See Page 364 MOTION: Councilman Beahrs moved, duly seconded, to direct the ABAG representative to advise ABAG of the Palo Alto City Council's concern and full opposition to industrial development on Stanford lands west of Interstate Highway 280. The motion carried unanimously by voice vote. (The Council recessed from 9:35 p.m- to 9:45 p.m.) Oral Communications 1. Joan Lomax, 770 Seale Avenge, asked that taxpayers, voters and residents of Palo Alto be given priority for admission. to Council meetings. 2. Mrs. Alice Smith, 4284 Los Palos Circle, suggested the Council move the meeting to Cubberly High School where everyone can be accommodated. 3. Clifford Barnett, 733 DeSoto Drive, spoke against residents only being allowed to attend Council meetings and suggested meetings should be held in a larger place, 4. Mark Latimer, 3898 Magnolia Drive, asked the Council to respond to the requests of the people. 5. Bob Cullenbine, 1875 Ramona Street, requested the Council to move the Council meetings to a larger facility, to hold two meetings a week and spoke against the actions of the police and the Council. 6. Janet K►eiss, 375 Addison. spoke against the sound ordinance and the 11:00 o'clock curfew. _ 361 7/20/70 362 7/20/70 Oral Communications (continued) 7. Leonard Cornell, 420 Adobe Place, expressed the hope tha` those on either side of the conflict would give a little during the coming months to alleviate the problems. 8. Joe Simitian, 885 Field Drive, expressed the opinion that both the Council and the street people were at fault in the present difficulties. 9. Marshall Givens, 630 Middlefield Road, expressed the opinion that blacks were not wanted in Palo Alto and asked for a reply to a letter he had sent to city hall a week or so previously. 10. David Smother 117 University, spoke against police harrassrnent. 11. Tim Gaddus, 270 Grant Avenue, asked for amnesty for 256 people arrested the previous week. 12. John Scott, lives in Palo Alto, complained about police harras saner_t. 13. George Crane, 1852 Bret Hart, asked to have items on the agenda moved up when they are of interest to a number of people. Herzenberg 14. Lee Iiimaibuteosn, 873 Cedro Way, ;Stanford, spoke against the sound ordinance and the 11:00 o'clock curfew. 15. Vic Lovell, 1001 Forest Avenue, spoke against the sound ordinance and asked that the question of El Camino Pari: be brought back for consideration to be used for Be -Ins, and that adequate lighting and sound be provided. 16. Sandra Kahn, 794 Melville Avenue, asked for amnesty for the people arrested the previous week. 17. Jeffrey Youdelman, 720 Waverley, asked the Council to act on the problems of housing, specifically the evictions of people from their homes. 18. Robert Arnold, 460 Marlowe, advised the Council Le had been one of the the organizers of community rneetin � the ...au asked that the street people be given adequate representation on the committees appointed to explore community problems. 19. Walter Gong, 32,84 Cowper Street, professor at San Jose State,- expressedconcern over community tensions and urged that somehow everyone get together. 20. David (Inkier., 460 z:i C apitan, referred to the ;.=ham.:6a.a ,duc e against the police and asked if there was someway to investi- gate the charges in a reasonable maat:'er. Oral Communications (continued) 21. Emily Mumford, no address given, asked for amnesty for Tim Gaddus. Adjournment There being no further business, the meeting adjourned at 11:30 p.m. APPROVED: i F f `j I), :1(----;0)--....,--i Mayor t } ATTEST: