HomeMy WebLinkAbout08171970MINUTES
1 city of palo alto
City Hall
Palo Alto, California
August 17, 1970
The Council of the City of Palo Alto_ met on this date at 7:30 p.m.
with Mayor Wheatley presiding.
Present: Arnold, Berwald, Clark, Comstock, Dias, Gallag':er,
Norton 7:40 p.m. , Pearson 8:00 p.m. , Spaeth 7:40 p.m. ,
Wheatley
Absent: Beahrs
royal of Minutes - August 3, 1970
Cotncilnean Arnold asked that on page 365 of the Minutes of August 3
895 Main be corrected to read 895 Ames: page 366 3ns,1ick" should
read "Bostick", page 367"SL einsberger'° should read "Schwainsberger",
_ andnage 368 "Sci:ock" should read "Schoch." Councilman Comstock
asked that or, pag,: 368, line 1, it be noted that Councilman Berwald,
not Arnold, made the point of order.
There were no objections.
The Minutes of August 3, were then approved.
Youth Advisory Council/Community Gathering
Youth Advisory Council representative Sara Webster requested per-
rnission for the YAC to co-sponsor a community gathering with the
Jaycees at Gunn High School on September 12 with the Mayor author-
ized to request use of the school from the School Board and the School
Administration.
MOTION: N/S, ynr_ Wheatley moved, duly _econded, to hear from the
public.
The motion carried unanimously by voice vote.
Kirke Weil, 273 R inconada, representing the Jaycees, stated the
Jaycees will take full financial and liability responsibility for the
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8117170
proposed co -sponsored rock concert, to be held preferably at Gunn
High School on September 12.
MOTION: Councilman Spaeth rrioved, seconded by Clark, to grant the
request of the YAC to co-sponsor a rock concert with the Jaycees on
September 12, and authorized the Mayor to request permission for
the use of Gunn High School.
MOTION: Mayor Wheatley moved, duly seconded, to hear from the
public.
The motion carried unanir iously by voice vote.
Steven Gayle, 1080 Tanland Drive, expressed his gratitude to the
Council for their favorable and cooperative reaction to the YAC re-
quest.
AMENDMENT: Councilman Dias, seconded by Arr;old, moved to
amend the motion to include that those activities involved with the
sponsorship on behalf of the YAC be coordinated through the YAC
staff liaison.
The amendment carried unanimously by voice vote.
- The ryo jon as amended carried unanimously by oice vote.
T;�vera five Watt Regulation
1 1:00 P. M. Curfew Regulation
"'s,S�C7 R'R177,�R'�JS'S'�RR�®S
Siiurrd Shell and L .i�t�ng - E1 C m Park
Sara Webster, Youth Advisory Council, read a prepared statement
in favor of their recommendations to -Council. She advised there was
a fourth reconnrnendation which had been left out of their minutes and
this was that the traffic in downtown Palo Alto be re-routed around
Lytton, Plaza on Saturday nights.
MOTION: Councilman Clark moved, seconded by Berwald, that
a. thetwenty-five watt regulation be referred to staff for
study and report back to Council as soon as possible;
b. extension of the 11:00p. m. curfew sv z� t- '2 • - a. m, for Lytton
t
u: yon
Plaza and to 1:00 a.m. for other locations to be deferred
until after receipt of the otudy on the twenty-five watt regu-
lation (approx4nately September 21); and
c. to refer to staff for preliminary cost estimates the YAC
recommendation for a sound shell and lighting at El Camino
Park.
City Attorney Stone in response to questions, advised that his office
is working on evaluations of different alternatives as to precise evays
of holding El Camino Park and hope to come to Council with recom-
mendations within. 30 days. He added that at the present time the
possibility of "green belting" looks favorable.
At the request of Councilman Arnold, Mayor Wheatley ruled that the
motion would be separated for voting.
At this time the Chair recognized members of the audience who wished
to speak.
Charles Pottle, 3909 Middlefield Road, speaking on behalf of an ad
hoc citizens committee for public concerts, the sound ordinance, and
so-called curfew, stated they heartily support and endorse the recom-
mendations of VAC.
Discussion followed with Councilman Gallagher reviewing the Be -In
Committee recommendations after public hearings and deliberations
and the Council actions regarding the twenty-five watt regulation and
the curfew in all City parks.
Councilman Clark suggested that a YAC member work with staff in
studying the noise factor in residential areas. ----___
Stewar+ Hansen, .84 Walter Hays, spoke in favor of rock concerts
being held at the Baylands Athletic Center where there is easy park-
ing, lots of room and with existing lighting facilities.
Bob Cullenbine, 3895 Ramona, stated that .in his opinion the 25 watt
regulation and the 11:00 p. m. curfew regulation were made specifically
to repress the Free U and spoke against rock concerts at the Baylands.
Paula Feldman., 528 Churchill, spoke in favor of the YAC recommen-
dations.
Frank Flack, 186 Walter Hays Drive, urged the Council to consider
all the study which had been put into the present ordinances and com-
mented that the facts havie not changed since those ordinances were
put into effect.
The motion on (a.) that the twenty-five watt regulation be referred to
staff for study and report back to Council as soon as possible carried
on a unaninsous voice vote,
The motion on (b) for extension of the 11.:00 p. rn. curfew to 12:30 for
Lytton Plaza and to 1:00 a. rn. for other locations to be def erred until
September 21 carried on.a majority voice vote with Councilmen Comstock,
Pearson and Spaeth req'iestir..g their "No" votes be recorded.
SUBSTITUTE MOTION: Councilman Berwald moved, seconded by
Gallagher, a substitute motion to refer to the Planning and Procedures
381
8/17/70
Committee the YAC recommendation for a sound shell and lighting at
El Camino Park.
The motion was defeated on a majority voice vote.
The motion (c) to refer to staff for preliminary cost estimates car-
ried on the following roll call vote:
Ayes:
Noes:
Berwald, Clark, Comstock, Pearson, Spaeth,
Wheatley
Arnold: Dias, Gallagher, Norton
Tert�porar 5treet Closures
'�BR����'M �"81IAfi Y
Mayor Wheatley questioned whether any of the Council would object at
this time to bringing up the Youth Advisory Council recommendation
that traffic it downtown Palo Alto be re-routed aroonnd Lytton Plaza
on Saturday nights. It was noted this item was not on the Agenda and
had not been in the YAC minutes submitted to Council:
Councilman Berwald objected to taking up the matter at this time.
Councilman Comstock stated he would then bring the matter up under
New Business. Councilman Berwald withdrew his objection.
City Attorney Ste:41e reeponded.to questivn.a s -to whether this could be
done without direction from Council, stating there is nothing in the
City Charter by which the Manager's office can grant a street closure
and this would have to be done under additional enabling legislation.
He pointed out that in case of emergencies, streets can indeed be
blocked off. Mr. Sipel advised that the, City has had ernergencies
and this has been done on a case by case judgment by the Police De-
partment.
MOTION: Councilman Comstock moved, seconded by Pearson,
directing staff to prepare a report dealing with temporary street
closures, with staff responding to questions raised by YAC as to
legislation: for these activities.
Discussion followed regarding the matter of Lytton Plaza being pri-
vate property, the Be -1n Committee deliberations, and recomimenda-
tions regarding rook concerts.
SUBSTITUTE MOTION, Councilman Gallagher moved, seconded by
Berwald, that the subject of street closures in downtown Palo Alto
for the purpose or biocka►dirg the present facilities for rock concerts
at i.ytton Plaza be referred to the Planning and Procedures Com-
mittee for policy decision and recommendation to Council.
The substitute motion carried on the following roll call vote:
Ayes: Arnold, Berwald, Clark, Dias, Gallagher, Norton
Noes: Comstock, Pearson., Spaeth, Wheatley
382
8/17/70
(The Council recessed at Q '0 p.m.)
Mayor Wheatley announced that during the recess the Council would
adjourn to an Executive Session.
(The Council reconvened at 10:05 p.m.)
Plannin4 Commission Aypointrnents
Mayor Wheatley announced that the Council had ratified the following
appointments to the Planning Commission in Executive Session by a
majority vote:
Lawrence Klein - reappointed to a four year term expiring
July 31, 1974
2. Frank Rack - appointed to a four year term expiring
July 31. 1974
3. Walter Strornquist - reappointed to a four year terrn ex-
piring July 31, 1974
Tax Rate for the Fiscal Year 1970-71 (CMR:614:0)
--MOTON:-_C oueilrnan Norton introduced the .following ordinance and
moved, seconded by J3erwald, that the tax rate for the fiscal year
1970-71 be set at $.74.
Ordinance No. 2576 entitled "Ordinance of the Council of the City
of Palo Alto Fixing the Tax Rate for the Fiscal Year 1970-71
at seventy four cents ($. 74)
In answer to questions from Council, Assistant City Manager Sipe1
advised that any additional expenditures to those approved when the
budget was adopted would have to be made with Council approval.
The ordinance was adopted by unanimous voice vote.
Meetin Dates - Standir. Committees
MOTION: Councilman Arnold introduced the following ordinance and
moved, seconded by Norton,_its annrct 1- or f ni reading:
Ordinance of :the Council of the City of Palo Alto Amending Sub-
section (a) of Section 2.04.230 and Sections 2. 04. 250, 2. 04. 260
and 2.04. 2 '0 of the PAMC Granting to the Mayor Authority to
Set the Regular Monthly Meeting Night of Standing Committees
of the Council.
City Attorney Stone, in response to questions from. Council, advised
that under the proposed ordinance the Standing Comr.-kitt.a ,~±'P -tins
383
8/17/70
dates cannot be changed from month to month and that by the second
Council meeting in July of each year the Mayor will set the meeting
dates for that fiscal year.
MOTION: Councilman Comstock moved, seconded by Pearson, to
continue the matter unn.1 the first rneeting in July, 1971.
The motion failed on a majority voice vote.
AMENDMENT: Councilman Pearson moved, seconded by Comstock,
to amend the ordnance by deleting all reference to the Mayor setti ig
the meeting dates and adding to each paragraph "at shall be the duty
of the Committee... to set the date for meeting."
The arnendrrient failed on•a(rna.jority voice vote.
AMENDMENT: Councilman Berwald moved an amendment to clarify
Section 2. 04. 230 to provide that in setting the dates the Mayor shall
ascertain that each committee will meet on the same day each month
for 12 months.
City Attorney Stone advised that according to the proposed ordinance
the meeting date of each committee must be that certain day each
month.
AMENDMENT WIT1-iDRA TN: Councilman Berwald withdiew his
The ordinance was approved for first reading on the following roll
call vote:
Ayes: Arnold, Berwald, Clark, Dias, Gallagher, Norton.
Spaeth, Wheatley
Noes: Comstock, Pearson
Merit System Rules and
Regulations (CMR: 10:0'
MOTION: Councilman Spaeth introduced the following resolution and
moved, seconded by Berwald, its adoption:
Resolution No. 4372 entitled "Resolution of the Council of the
City of eau:. Adopting Merit System Rules and Regulations
and Rescinding Resolutions 4268 and 4320"
The resolution was adopted on a unanimous voice :rote.
Joachim R. Chretien, President of the Palo Alto Municipal Employees
Association,- spoke of the many "meet and confer" meetings, c01n-
merideri the manage rent staff ,... the l-, h .....v-;
_ ,..-- '------��..�.....Q .�rw... nn La.tc 11'.ail�ll�� in w7ita=ii iSS� �s..�- i_rrr
�wa.a4
were- conducted, and reported that the morale of PAMEA members
is higher than it bas ever been.
384
8/17/70
TOPICS (Traffic Operations Pro ram to
Increase Capacity and Safety�R:609:0)
MOTION: Councilman .Arnold introduced the following resolution and
moved, seconded by Comstock, its adoption:
Resolution No. 4373 entitled "Resolution of the Council of the
City of Palo Alto Requesting Allocation of TOPICS Funds from
The California Highway Commission for Improvements Outlined
in the Attached Prnject.R,eport, Praor•;to Completion Of an Area -
wide TOPICS Plana" i"
The resolution was adopted on a unanimous voice vote.
Transfer of Liquor License -
.r�+�ebownii�.rr-
L'Orneiette Restaurant (CMR:612:0)
MOTION: Councilman Comstock moved, seconded by Gallagher, to
file without action the application for a transfer of the existing On
Sale General Eating Place License at the L'Omelette Restaurant,
4170 El Ca -vino (teal from the previous corporate owner and operator
to the sole shareholder.
The motion_ carried unanimously on a voice vote.
Application for Liquor License -
The Mint, 3849 El Camino (CMR :611: 0)
Assistant City Manager reviewed his report dated August 14, 1970
(CMR:611:0) regarding problems at this address, formerly known
as "The Exit."
MOTION: Councilman Berwald moved, seconded by Wheatley, to
uphold the staff recommendation and file a protest on the application
for an On -Sale B ee,r ; Eating Place license from "The Mint",
3849 El Camino Real.
The motion carried unanimously on a voice vote.
�AssQtrH l3ili 981 - Disru &n
�e�amor ��aro<.'>isOs�ftso�r�++eeu ---�
ofPublic M tn
City Attorney Stone responded to questions from Council and advised
that under the proposed bill it would be the burden of the City to
accredit the press and to determine what individuals could be ad-
mitted to a meeting that had been closed becanae,ofdisruptions. He
stated it is the burden of the local agency to determine what con-
stitutes a disruption and this can be done. He further stated that
these aspects would probably be the subject of future litigation.
38S
8/17/70
MOTION: Councilman Comstock moved, seconded by Pearson, that
the Council adopt a re.iolution vigorously opposing passage of AB
981 with copies directed to the Governor's office, Senator Clark
Bradley, Assemblyman George Milias and Assemblyman Donald
Mulford.
MOTION: Councilman Arnold moved, seconded by Dias, to table
the matter.
The motion to table carried on the following roll call vote:
Ayes: Arnold, Berwald, Clark, Dias, Gallagher, Norton,
Wheatley
Noes: Comstock, Pearson, Spaeth
(NOTE: Motion to table takes precedence.)
Willow Expressway Route
Assistant City Manager Sipei reported the City has been advised that
the Highway Commission will hold a public hearing on Thursday,
August 20 at 9:00 a.rn. in Sacramento regarding a petition of -local
t - ' e location tudi r __
jurisdiction to re -open roue.- -s-��_______�,.��.. �o adoption of
the Willow Expressway route. He suggested that a member of the
W il►r�w Road Committee attend the hearing with a staff member.
Mayor Wheatley announced 'hat Councilman Pearson would be able
to attend the hearing.
State Legislation - AB 2310
Councilman Dias drew attention to AB 2310 which is still before the
State Legislature and noted that ABAG is opposing this Bill because
it does set up another individual agency. Another.'Bill 'whMeh i sYiLl
before a committee, SB 663, provides a facility by wiiich the
Northern California Power Agency can issue revenue bonds. She
added she is not asking Council to take action but if anyone is in-
terested, she urged they contact their individual assemblyman or
senators.
Housing Drs►.alit on Permits
Councilman Spaeth stated that with reference to the emergency
ordinances he has been advised it would be imprudent for him to
participate in this matter and that he would therefore withdraw from
this session.
Councilnia.n Clark stated the above comments applied to him also.
(Councilmen Clark and Spaeth left the Chambers at 11:00 p.m.
and did not return)
386
8/17/70
City Attorney Stone advised the Council that the emergency ordinances
would require a four -fifth vote of Council members present (seven
votes) to pass.
Mayor Wheatley announced that at this time the Council wouid hear
from members of the audience who wished to speak on the subject.
Howard Lewis, IMiidpeninsula Citizens for Fair Housing, spoke in
favor of adoption of the two emergency ordinances.
Mrs. Jing Lyrnan, 450 El Escarpado, Stanford, spoke in favor of
passage; of the ordinances. See Page 412
Mrs. Dorothy Reed; 632 Glenwood Drive, League of Women Voters,
stated the League is in agreement with Mr, Lewis.
David Slissal, 943 Scott Street, spoke of the houses that are unoc-
cupied and going to be demolished, stating in his opinion the ordi-
nances are ridiculous.
Roberta Cane, 636 Webster Street, spoke in favor of the ordinances
being changed to include vacant houses.
John Logan, 653 Horner Avenue, spoke in favor of the ordinances
including all residential unitswhethervacant or not vacant.
MOTION; Counoiiman Comstock introduced the following ordinance
and moved, seconded by Pearson, its adoption:
Ordinance No. 2577 entitled "Ordinances f the Council of the
City of Palo Alto Declaring an Emergency and Adding Section
16.04, 075 to the Palo Alto Municipal Code to Amend the Uniform
Building Code to Protect Persons Lawfully in Possession of
Residential Rental: Units Proposed to be Demolished"'
The ordinance was adopted on the following roll call vote:
Ayes: Arnold, Berwald, Comstock, Dias, Gallagher,
Norton, Pearson, Wheatley
Noes: None
OT ON: Mayor Wheatley introduced the following ordinance and
moved, seconded by Comstock, its adoption:
Ordinance of the Council of the City of Palo Alto Dehlaring an
Emergency and Prohibiting for Sixty Days the Issuance of
Permits and Demolition Pursuant to Existing Permits of
Certain Residential Structures
AMENDMENT: Councilman Comstock moved, seconded by Pearson,
to amend the ordinance by deleting the ohra9e "in residential zones"
From Sections i and 2 and by deleting_ Section-
.� ...; c..av�a 3 entirely.
Director of Planning and Community Development Fourcroy, in re-
sponse to questions from Council, stated that the P -C zones that are
not already developed do have a development schedule and there is
a tirme dimension involved such as the one at the corner of Webster
and Hamilton. In the commercial zones, if the limitation to resi-
dential zones was eliminated there aright be any number affected
although he added he was not aware of any.
At the request of Councilman Arnold, Mayor IN heatley ruled to
separate the amendment with Council voting on Sections 1 and 2
first and then on deletion of Section 3.
The amendment deleting tiepfirase "in residential z`::nes" from
Sections 1 and 2 failed on the following tie roll call vote:
Ayes: Arnold, Berwald, Comstock, Pearson
Noes: Dias, Gallagher, Norton, Wheatley
The amendment deleting Section 3 failed on the following roll call
vote:
Ayes: Comstock, Pearson
Noes: Arnold, Ber-.vaid, Dias, Gallagher, Norton, Wheatley
AMENDMENT: Councilman Pearson moved, seconded by Comstock,
to amend the ordinance by changing the word "lawfully" in Sections
1 and 2 to "presently.
In response to question, City Attorney Stone advised that the words
"lawfully occupied" wac inserted so that tenants lawfully in posses-
sion would not }.e subject to having their houses demolished from
under them. If this is deleted then the same protection might be
afforded trespassers.
The amendment was defeated on the follow lag roll call vote:
Ayes: Comstock, Norton, Pearson
Noes: Arnold, Berwald, Dias, Gallagher, Wheatley
DiscuRskn followed The- f.a..t tL_t.tL..r t___� been lung_ ate_•_ i
..-.. __fin ---, .e.,e ..ttOt `apGSL"L.3'YG vwe v.. >. •�r.ty-�ieF2i[31ng
plans for lawful development in the existing zone and that for a
period of two months anyone who has not yet made plans is fore-
warned and therefore wont spend much money to do so until policy
is established.
City Attorney Stone noted that it should be kept in mind this ordi-
nance does not and cannot stop evictions unless some municipal rent
control is passed. It is the intent and purpose of this ordinance to
stop L•nmediately any demolition w"rk prc—eaad ill the specific area
covered by the ordinance. He emphasized that the City does not
388
8/17/70
hAvr the pi .vrt Sit atop rvi4;droll r ilt3 in o magttut' (,s pt i4'at4:
contra►(t 41t twee i the lent 1t Eitlli trdntilrlrcl Ity hog
power, Artti h is At,h)r►°t ttllly to Skit, kw,
AMY,'„NliMP;r i e Cooill, ilrt.•;i`j t.otrtistol move 1i. eh:1y �� .,�,�fr li 1,1
amend tiort4 i 41)(1 o by deleting the Winder, r'ir►wf-1 iy ;ri l vilir �i
lrrrticten _pA,"
MOTION! t;oi,,o, 11rt1an GAUaghrr t ;o vi'4ie Ark i'y Prat A(r}1, 1t+
hear !rum the l'rl ttti . .itht. gtt there IPS w ris(elion Ow floor,
Thr 1111:tint; r tat t to d tinanit/ ot;arly,
John leiDgtko, tip! ( Homer rr°t, PFpo r rrr thr 114 . 1 i ;e r /1 11y t
tJ41gat that the is,. Itir,ft #r1 thl4 Berra he rehah:iitAtrrt wfth Knsi . eie> l , s:
of (`itY iaitUfito 0-1fl And otyr'lkr+ (rrart 41 IislAtti #ltlig , tr> tri:1►4 tar /AVo�t
nir tltt' iitrflttitki$4,! to
•e yy
fj<" �lIIC'li(Ileii hi fit 01,d (11) t: teti li•';4 )ajL' r (3l I ( Ail •. , ,�i. •
tl;i?�Erea t• , i i`.41 '+trf•
NI !tote!, tIr
Mt) 1'J(t;. s t',=,1,1t; @ltrl4t, Con,
Vk';�i4 r1i.lL, (f,:iilsgtl=• :>ii, '4 h... 4I4
tl5; !•.
(st3rl i ,1 , chit
i -
11'“w tile= lesjtli is jdiloAlt.th thy .4• 1A :t !Wit il?lt i'3: t li- flu,,
�t:it� 31't�tle�il t �i i it.;I '•tt:aliitot• taffy.
fleOrge taut+i'a1, (51. t:i'iilnntfA Vrt'o r spirt Akairtt:t rftipty i,ius.'rp
;titling in An af t. with no tie` eel(+prttrftt going on strld
time tsielr 4t.e r+ laternrnt of htr<;aeA t.Orr:.ttttl
Stiirlilrtftr MA. Ph..i'4stf1, i1f, DI *bit= r a*4tt, Apt:11.V it: favrtr >;' sw ttorsrp
on ail tieftlisi it tuft •
The ordlinsrn€; P!atibltirtg thcc IAAs 1rsrqr a,( ft*rmit* anti t$e+rtt,riitt
for itoy day* t► let on the (a +tueoti* roll t all vote?;
Aywat tiallttlgheer, Nr-rtur4, I'ie4r«rtr4, ':r'hvatl«ti,
i\M *t hertkodti; ijir9t+
la'd tTiv;
as4i per► aftirmattve' vote* mirtketi to por,;)
MOTI ri; ah,i4v l a Wheatley foov4#!'tt tys°l etfiitrei by Mau, t
trs City At,~tkr+' f to t'ritt►rt srn an t>relln*rtco whit h 4t"t•;ilal r etfoire
that alttrr i* +!lerno1isoleri i'io *trsis t#' 9t ter otararei w+tiri*a
ris mounthp, AAit` report to be soiornoll to Cult/wit within to riavoil
Theti t lut# f4 t.s f 1 hod ttnfltlimuu.l y on b ut.;= t ivo;r.
have the power to stop evictions since this is a matter of private
contract between the tenant and landlord over which the City has no
power, and which is subject only to State law.
AMENDMENT: Councilman Comstock moved, duly seconded, to
amend Sections 1 and by deleting the phrase "lawfully occupied
residences."
MOTION: Councilman Gallagher moved, seconded by Pearson, to
hear from the public although there is a motion on the floor.
The motion carried unanimously.
John Logan, 653 Horner Street, spoke of the Community House pro-
posal that the houses in this area be rehabilitated with some degree
of City financing and some: federal financing. He spoke in favor
of the amendment.
The amendment failed on the following roll call vote:
Ayes: Comstock, Pearson
Noes: n rr_old, Berwald, Dias, Gallagher, Norton, Wheatley
MOTION: Councilman Comstock move4, duly seconded, to hear
from the public although there is a motion on the floor.
The motion carried unanimously.
George Tappen, 652 Charming Avenue, spoke against empty houses
sitting in an area with no development going on and suggested a
time table for replacement of houses taken out.
Suzanne MacPherson, 376 Diablo Court, spoke in favor of a freeze
on all demolition.
The ordinance prohibiting the issuance of permits and demolition
for sixty days failed on the following roll call vote:
Ayes: Arnold, Comstock, Gallagher, Norton, Pearson, Wheatley
Noes: Berwald, Dias
;NOTE: seven affirmative votes needed to pass)
MOTION: Mayor Wheatley moved, seconded by Dias, to instruct
the City Attorney to report on an ordinance which would require
that after a.b4ilding is demolished construction be started within
six months, said report to be returned to Council within 30 days.
The motion carried unanimously on a voice vote.
Property on Webster House Block
MOTION: Councilman Berwald moved, seconded by Pearson, to
direct the City Attorney to determine the conditions of the judgment
regarding the Sheriff's sale of the property located on the Webster
House Block and report back to Council on August 24.
The motion carried unanimously.
4.c.lismrrirnent
There being no further business, the meeting adjourned at 1.2:20 a.m.
APPROVED:
ATTEST:
•
City Clerk
390
8/17/70
Mr. Sipel responded to questions from Council, advising staff
would conduct a program for six or seven months which would
relate more directly to sending a building inspector out to catalog
deficiencies. The secrnd part of the project would be to study
various ways in which (hose houses could be rehabilitated, what
federal programs are available and what can be done on a local
basis.
The motion carried unanimously on a voice vote.
Housin -Downtown P.reas
�� faRiYIRYIMIQO�i�I�1�rR11.Z11�1\ti1Rs»,�i
MOTION: Mayor Wheatley Moved, seconded by Pearson, to en-
dorse the Committee of the Whole recommendation to refer to the
Planning Commission for inclusion in their study of the General
Plan the following:
a. possible rezoning schedule for the R -3-P property, spec
ifically around the perimeter downtown cores (University/
California Avenue) and if feasible,
b, an amortization schedule providing for the property to
revert to R-3 after two or three years and to R-1 a year
after that if not utilized in accordance with present or,irg.
----AMENDMENT: Mayor Wheatley moved, seconded by Gallagher, to
amend the motion to include in the Univer city Avenue area R-5:1-9,
R -3:L-12, R-4, M -1:S, M-1 and the former P -C at the corner of
Bryant and Hawthorne; in the California Avenue area R-5, HDA,
M -2:S and M -1:S.
Discussion followed regarding rezoning, down -zoning, buffer zone
between commercial and residential, and specific zones versus
boundaries.
AMENDMENT: Councilman Pearson moved, seconded by Berwald,
to table the portions of the motion and amendment regarding the
California Avenue area at this time to be brought up under Item
No. 8.
The motion carried by a majority voice vote with Councilman Clark
abstaining,
MOTION; ROC Ga11a¢her. to hear
Mayor Wheatley ii1i::�:II�. by
from members of the audience although there is a motion on the floor.
The motion carried unanimously.
Mays. Richard Lyman, President of Midpeninsula Citizens for Fair
Housing, 921 Charleston Road, spoke of the recommendations made
by T ..-..: of al...; ....... :.. oa: e� - a alt July I' - :
s'
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Whole meeting.
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Harold Longnecker, 768 Los Robles, spoke of the zone designations
being a puzzle to members of the audience and queetioned why it is
necessary to direct the Planning Commission to update the General
Plan.
Mayor Wheatley explained the various zoning designations and the
ways new zoning may be instituted. He noted it is the Council's
prerogative to ask the Planning Commission to study a particular
area.
The amendment to include other zones in addition to R -3-P was
defeated on the following roll call vote:
Ayes: Arnold, Gallagher, Wheatley
Noes: Berwald, Dias, Norton, Pearson
Abstain: Clark
SUBSTITUTE MOTION: Councilman Arnold moved, seconded by
Gallagher, a substitute motion to refer to the Planning Commission
for inclusion in their study of the General Plan the following question:
"Have the designations in those zones surrounding and contiguous
See Page 400 to the C zones in the downtown area been eenc lve to development
•
and sC outs trey-ae re-evaluated?“
The substitute xnution carried unanimously on a voice vote with
Councilman Clark abstaining.
Housing - Land Bank Fund
MOTION: Councilman Pearson moved, seconded by Berwald, to
endorse the Committee of the Whole recommendation to refer the
policy question of a'housing land bank fund within the Capital Irn-
provement Fund to the Finance Committee; further that it be studied
•as a possible cooperative effort with the Urban Coalition and Palo
Alto Housing Authority or other appropriate agency.
Assistant City Manager Sipel commented on the ability of staff to
perform some of the studies relating to items one through seven of
the agenda, He noted that in developing the budget for 1970-71 such
extensive studies in the area of housing were not contemplated. It
will be necessary to adjust priorities and probably to some deg,rep
will need to rely on outside help.
The motion carried %.inanimously on a voice vote.
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8/24/70
Housing - Zonin District for
ww�leassnw
Low Moderate Cost Housing
MOTION: Councilman Norton moved, seconded by Berwald, to
endorse the Committee of the Whole recommendation to direct staff
to draft an ordinance to create a zoning district which will contain
a certain percentage of low/Moderate income housing in new devel-
opment with the provision that in no case would there be fewer units
constructed than the nun -fiber removed.
Senior Planner Wocllett, in response to question at. to whether this
would produce spot zoning, stated it would depend on the way it is
handled with location a factor. There are a number of ways to
avoid spot zoning such as an incentive system.
Mayor Wheatley ruled to hear from members of the audience although
there is a motion on the floor. There were no objections.
Sara Johnson, 1836 Hamilton Avenue, spoke in favor of a time table
to put into effect the recommendations regarding housing as soon as
possible.
Harold Longnecker spoke in favor of taking a look at this matter,
Scott Carey, 1991 Edgewood Drive, expressed concern with Agenda
Items 1 through 7 since in his opinion the suggestions primarily
shifted the burden to the contractor or developer when it should be
the burden of all_ _ He stated that the federal renting laws provide an
incentive for the contractor to build while the proposed ordinances
do just the opposite. He suggested volunteers b-> solicited from the
community to work with staff on this problem.
Janet Owen, 863 Moreno Avenue, urged the Council to set a time
limitation for there matters to come back to Council.
The motion carried aa a majority voice vote.
(The Council recessed from 9:35 to 9:48 p.m.)
Central Palo Alto Area Study
'-�Oe_OOBiyY.l1..1.1/.11
Councilman Dias, Chairman of the Planning and Procedures Com-
mittee, reviewed the deliberation: and aeiions of the Committee at
their last meeting.
MOTION: Councilman Dias, on behalf of the Planning and Procedures
Committee, moved:
(a) approval of the concept of a study of the Central Palo Alto
business district area.
5e -eking .1a...tea t .,.-...1.. the :tud that (b) that pekoe to _ o��aing -a� cvii�s5a.w►a�ti- ..:-........, ...�. v..u,.� a.c�e.t at --
least two, perhaps three meetings be held with the various
395
8/24/70
neighborhoods contemplated in the study for the purpose of
developing guide lines and delineating boundaries of the
study.
(c) in the interim that staff provide the Committee with detailed
existing land use information.
Councilman Dias announced that the Planning and Procedures Com-
mittee anticipated meeting on August 31 in the Committee meeting
room to hear primarily from the business district people with a
second meeting on the 15th of September in the College Terrace
Library and a third meeting at the end of September. The last two
meetings would be primarily with the residential people in the area.
Discussion followed with Senior Planner Woollett and Assistant
City Manager Sigel answering questions regarding the scope of the
study and noting a consultant will not be hired until the desires and
objectives of those in the area are defined.
Mrs. Corinne Brazier, 264 Fernando Avenue, spoke of her area as
being highly congested and the neighborhood concern of more people
being brought into the area south of Lambert Avenue.
Bill Henderson, 1142 College Avenue, spokesman for the Central
Palo Alto Residents Association, asked the City Council to delay
hiring a consultant and to place a 60 day moratorium on all zoning
proposals, demolitions and building permits. During this mora-
torium the Association would hope to meet among themselves to
determine necessary objectives and needs that should go into the study.
John Porter, 547 Hither Lane, speaking for the Palo Alto Civic League,
spoke in favor of meeting with the residents prior to ,,ring a consultant
for the study.
Barbara Kear, 425 Grant Avenue, urged .delaying approval of the
study until residents say what they want.
John Logan, 653 Homer, reviewed previous requests of the California
Avenue Association for studies in the area.
Cole Richmond, 260 Chestnut Avenue, Chairman of the Chestnut!
Wilton Home Owner's Association, apoke of previous studies and
asked that tale-rcaiu6ut be in on th design study of the area.
Harold Longnecker, resident of BaarronPerk, expressed the belief
that his area would be inclieded in the peripheral area and spoke in
favor of expanding the "grass" area.
SUBSTITUTE MOTION; Councilman Arnold reeved, seconded by
Pearson, to request the Planning and Procedures Committee to con-
duct at least two to three meetings with ;carious neighborhoods in the
Centr41 Palo Alto area in orciet to determine the degree of interest
vhich would assist, the Council in determining the feasibility of the
study and is the interim staff provide the Committee with detailed
existing land use ftsformati .
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8/24/70
The substitute motion failed on the following roll call vote:
Ayes: Arnold, Gallagher, Pearson
Noes: Berwald, Clark, Dias, Norton, Wheatley
At the request of Councilman Pearson, Mayor -Wheatley ruled the
motion would be separated for voting.
The motion on (a) approval of the concept of a study of the Central
Palo Alto Business district area carried on a majority voice vote
with Councilman Pearson requesting that her "no" vote be recorded.
The motion on (b) that prior to seeking a consultant to make the st'i dy
that at least two, perhaps three meetings be held with the various
neighborhoods contemplated in the study for the purpose of developing
guide lines and delineating boundaries of the study passed on a unani-
mous voice vote.
The motion on (c) that in the interim staff provide the Committee
with detailed existing land use information passed on a unanimous
voice vote.
C Place
Y3. lmfl s ..I.I�.6f i1CO.u�
MOTION: Councilman Arnold introduced the following ordinance
for second reading and moved, seconded by Clark, its adoption:
Ordinance No. 2578 entitled "Ordinance of the Council of the
City of Palo Alto Amending Section 2.04. 010 of the Palo Alto
Municipal Code Providing the Mayor with the Authority to
Change the Place of Meeting Upon Twenty -Four 1 -lours Notice"
(first reading 8/10/70)
The ordinance was adopted by a unanimous void: vote.
R e ort - Workmen T s Compensation Payments
=S'iiP 7R!!\l�r1M47MM9nI111�eMAlAOIeI
The City Attorney=s report dated August 19, 1970 regarding recovery
of Workmen's Compensation payments to the City was received.
Budget Tr,nefer -
1
MOTION: Councilman Clark moved, seconded by Dias, to approve
transfer of $12, 000 from the City Attorney's Salary Account
(01-131-01) to the Outside Legal Services Account (01-131.24).
The motion carried unanimously by voice vote.
ointme it ui
Senior Assistant City Attorney
MOT:ON: Councilman Dias moved, seconded by Norton, to approve
the appointment of Robert Keith Booth, Jr. as Senior Assistant City
Attorney, said appointment retroactive to August 10, 1970.
The motion carried unanimously on a voice vote.
Status Report or Tidelands Litigation
1.
(State o Ca ifo_-nia vs. County of San Mateo. et al)
The. City Attorney's report dated August 14, 1970 regarding the status
on Tidelands Litigation was received.
Webster House Property
Status of Title
- —
Discussion followed regarding the City Attorney's report on the sale
of the Webster House property, the question of land banking, referral
to the Finance Committee and the time element involved.
MOTION: Councilman Pearson moved, seconded by Clark, to refer
the City Attorney's report dated August 20, 1970 regarding status
of title of the "Webster House" property to the Finance Committee.
AMENDMENT: Councilman Berwalci moiled, seconded by Clark, to
add to the referral to Finance Committee the question "should the
City or should the City not bid on the subject property on September 1lth
with the Finance Committee reporting back to the Council on September 8th."
The amendment to the motion failed on the following tie roll call vote:
Ayes: F3ersvald, Clark, Gallagher, Pearson
Noes: Arnold, Dias, Norton, Wheatley
The motion to refer the City Attorney's report to the Finance Com-
mittee carried on a unanimous voice vote.
.Toant Cites -Cunt o lanning Agency
Councilman Clark referred to a proposal by the Planning Policy
Committee of Santa Clara County for creation of a joint Cities -County
planning agency. He proposed that a hearing be held on this matter
October 5, 1970 as the first item on the Agenda. He stated that
Mr. Charles Gordon, Chairman of the Planning Policy Committee,
would be present.
There were no objecttious to this i sattet- being the first item on the
October 5th Agenda.
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8/24/70