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Home My WebLink About10191970i 1 li„ J4j MINUTES city 01 palo alto Civic Center Palo Alto, California October 19, 1970 The Council of the City of Palo Alto met on this date at 7:30 p.m. in an adjourned meeting with Mayor Wheatley presiding: Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton (arrived 7:45 p.m.), Pearson, Spaeth, Wheatley Absent: None Council Meeting of October 26, 1970 Mayor Wheatley announced that upon making a survey of those council- men who would be present on October 26, 1970 he was advised there would be a lack of a ouorum present, Councilmen attending the League of California Cities Conference. Therefore, the meeting of October 26, 1970 would be cancelled. Zoii yhan - U28-113 8 Oregon Avenue and 2450 West Ba rshore Road MOTION: Councilman Gallagher introduced the following ordinance and moved, seconded by Arnold, its approval for first reading: Ordinance of the Council of the City of Palo Attu Amending Section 18. 08.040 of the Palo Alto Municipal Code to Change the Zoning of Certain Property Known as 1128-1138 Oregon Avenue and 2450 West Bayshore Road frorn R-1 and R -3-G to P --C Subject to Conditions AMENDMENT: Councilman Comstock rnoved, seconded by Pearson, to amend the ordinance by adding to the first sentence in the second paragraph of Sec. 2,(7) the words "and obtain approval" after "Applicant shall make"; and in the first sentence in the third para- graph after "provided above is not made" add the words "and approved." Dis=cussion followed with City Attorney Stone and Director of Planning and Community Development Fourcroy responding to questions from Council. It was explained that under the proposed zoning 92 units are provided while under R -3-G there would be 84 units in ten sepa- rate buildings or 87 units if combined in one structure. Mr. Stone advised that the amendment as proposed would be valid and he noted that the P -C zoning will be upon the land and will lapse and revert back to the Orl!g prior existin zo"rte - ., vai.y if the conditions are ;.�� .�....� not met. L. 435 10/19/70 MOTION: Mayor Wheatley moved, seconded by Gallagher, to hear from the public at this t'_rne although there is a mecion before the Council. The rnotion carried unanimously. John Griffin, Executive Vice President of Alpha Land Company, des- cribed the details of the proposed project and in response to questions from Council he explained the FHA 234 and 235 programs. He ob- jected to the propo .ed amendment, stating it would put them in the position of being completely dependent upon the Fer.era1 Government in Washington to approve their program which the government might be willing to do but ,might hot have the funds for it= Mrs. Carol Yanofsky. 725 Mayfield, Stanford, Board member of Mid Peninsula Citizens for Fair Housing; spoke in favor of the project and recommended that Council refer to the Palo Alto Housing Corpor- ation the exploration of ways to cornplete such FHA 235 units. AMENDMENT WITHDRAWN: Councilman Comstock, with the consent of his second, withdrew his arnendrrient. AMENDMENT: Councilman Comstock moved, seconded by Pearson, t� amend the ordinance by adding to the last paragraph, Sec. 2(7) after the words "application provided above is not rna.de" add the - words "and approved." The amendment failed on a majority voice vote. City Attorney Stone noted that the draft ordinance before the Council does not include one of the conditions of the Planning Commission resolution which calls for a developmi-nt schedule. AMENDMENT: Councilman Berwald moved, seconded by 13eahrs, to amend the ordinance by adding Section 3 as follows: Section 3. Development Schedule: a. Start of construction be on or before March 31, 1971. b. Completion of all construction,and development on or before December 31, 1971. The amendment passed unanimously cn a -voice vote. Mrs. Suzanne McPherson, 376 Diablo Court, speaking for the League of Women Voters, commended the application and stated the League feeling that a more detailed analysis of the FHA Section 235 possibil- ities should be undertakers prior to Council approval. The ordinance as amended was approved for first reading on the following roll call vote: 436 10/19/70 Aypvn Arnold, Beahrs, Beru,?id, Clark, Diae, Gallagher, Norton, Spaeth, Wheatley Noes: Comstock, Pearson chan.g,e 'J peyglopxpent Plan 705 San Antonio Road MOTION: Vice Mayor Gallagher introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4381 entitled: "Resolution of the Council of the City of Palo Alto Changing The P -C Development Plan Approved by Ordinance No. 1 534 Applying to Property Known as 705 San Antonio Avenue, Subject to Conditions" AMENDMENT: Councilman Norton moved, seconded by Gallagher, to arnend the resolution to delete frorn the plans the sign characterized as a "tree sign." The amendment carried by a :majority voice vote. The resolution as amended was adopted unanimously by voice vote. `t' ce ton 1202-1244 California Avenue MOTION: Vice Mayor Gallagher introduced the following resolution and moved, seconded by Beahrs. its adoption: Resolution No. 4382 entitled "Resolution of the Council of the City of Palo Alto Granting Conditional Exceptions to Title 21 of The Palo Alto Municipal Code and Authorizing the Approval and Filing of a Parcel Map upon Certain Conditions for Certain Property Known as 1202-1244 California Avenue" The resolution was adopted unanimously by voice vote. jgemplition o Sructorv& Permits - Replacement Construction MOTION: Councilman Arnold introduced the following ordinance and removed, -seconded by Comstock, its approval for adoption: Ordinance No. 2 581 entitled "Ordinance of The Council of The City of Palo Alto Amending Section 16.04. 075 of The Palo Alto Municipal Code to Amend The Uniform Building Code to Require A Building Permit to be Taken out or Other Approval Gained for Replacement Construction Prior to Application for Demolition Peemit for Demolition of Structures Last Used for Residential Purposes" +fireo.t readL.j 9 /29 /70) E 7/ ii ni 437 10/19/70 The ordinance was adopted unanimously by voice vote. Councilman Clark and Councilman Spaeth asked that the record note they had abstained from voting on this ordinance. Prohibition of Off -Site Si ns on Expressways, Lirnited Access Streets and Highways MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Gallagher, its adoption: Ordinance No. 2582 entitled "Ordinance of the Council of The City of Palo Alto Amending Section 16.20. 140 of The Palo Alto Municipal Code to Include Expressways and Other Limited Access Streets and Highways to Prohibition of Off -Site Signs'' (first reading 9/29/70) The ordinance was adopted unanimously by voice vote. Section 18.88.060 MOTION: Councilman Pearson moved, seconded by Comstock, to direct staff to study Section 18.88.060 and report findings back to Council. CF A.NCE OF MOTION: Councilman Pearson moved, seconded by Comstock, to refer this study to the Planning Commission. 'The motion carried by majority voice vote. YAC- Jaycee Concert Mayor Wheatley asked that the Youth Advisory Council representative be recognized at this time. Paul Staley: 3147 Amaranta Avenue, YAC Chairman, reported to the Council that the Youth Advisory Council at its regular meeting the previous Thursday evening had voted in favor of co -sponsoring with the Jaycees a second rock concert to be held at Casey Field from 12. N o_ _to 4:00 p. m. on November 15, 1970. The Jaycees had ex- pressed a desire to gradually rand over the control of such concerts t:a the Y.A.C. Mr. Staley stated that a $1500 advance was needed for equipment and related expenses but that the YAC had not acted upon this matter. He pointed out that since a serious t.irne factor exists restricting the date of the concert (availability of the bands, avail- ability of the site, and weather conditions) the matter requires immediate attention and he requested comments and approval from the Council. 438 10/19/70 Curt Weil, 173 Rinconada, Jaycee representative, stated that several bands had offered to play without compensation to help defray the deficit incurred on the previous concert. He expressed confidence that the knowledge and experience gained from that concert, plus a more effective publicity campaign, would contribute to the finan- cial success of the proposed concert. City Attorney Stone advised that under Section 2. 04. 050 no final action could be taken by the Council on a particular contract presented as new business of this evening. However, City Attorney Stone stated the City could accomplish legally by contract the purposes and objectives de- sired. The City would be in a position of contracting with an individual contractor in this case the Jaycees) to do for the City what the City can do for itself. The City can sponsor concerts and can contract with the Jaycees to sponsor the concert. Since the amount of the funds in ques- tion are below the $5, 000 amount requiring Council approval Staff can execute the contract with no further direction. MOTION: Councilman Gallagher moved, seconded by Comstock, that the Council approve participation of the YAC and direct the staff to implement with the Jaycees the proposed plans for the concert, and to provide that the City receive back from the net or gross proceeds orne or all of the funds advanced. The motion carried by a majority voice vote. Low Cost Housing -- ___-- -- MOTION: Councilman Pearson moved, seconded by Spaeth to request the Palo Alto Housing Corporation to direct its immediate attention to the problems of: How to help the developer guarantee to the City any low cost housing that he proposes: how to help the developer get Sec- tion #235 funds: how to guarantee that the low cost housing does not escalate in price once it is sold: to thoroughly in- vestigate Section #235: And to refer the League of Women Voters' letter dated 10/ 19/70 to the Housing Corporation, the Housing Corporation to bring back findings to the Council. AMENDMENT: Councilman Spaeth moved, duly seconded, to amend the motion to read "and any other reasonably related items." The amendment carried unanimously. The motion -as amended carried by _a majority voice vote. Councilman l5eahrs and Councilman Herwald asked that the record note they had abstained from voting on this motion. Oral Ccrrarrnunications /3j1.. .34rf o r 1. Godfrey fierwerroi.49err, jr. , 2467 Betio Avenue, Mountain View, .^eakina for the , c -�-r--y_.__ v .� -- lTr. a .i rT' - .�-.----- � _.__ ..._.�,,.... s�-_r:C>j •-•: •• "e .,.�v riiiCi and Santa 439 10/19/70 Oral Cor mur icatinns (continued) Clara County, questioned the appropriateness and legality of the mailing by the City of political material with the City's utility mailing. The material in question concerned Proposition A and the proposed transportation district. 2. John Hargis, 152 Emerson Street, said he had written to each Councilman opposing the proposed Willow Road Ex- pressway and asking for some response. He ha3 received no response and asked how t� get such response from the Council. Mr. Hargis was advised that several Councilmen planned to respond to his letter shortly. Adjournment The Council ajourned to an Executive Session on Land Acquisition from 9:30 to 10:00 p.m. The Council of the City of Palo Alto met in regular meeting at ► n. p - on-this-date-with ,� heatley presiding: z v. ..t L: 3Y1. - �'12�y Mayor Wheatley Present: Arnold, Beahrs, Beruwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Spaeth, Wheatley Absent: None Minutes of September 29 and October 5, 1970 Mayor Wheatley noted that the Minutes of September 29 did not show that Grattin Hogin Jr. , (speaking on Mousing Land Bank) was speaking on behalf of the Mid Peninsula Citizens Committee for Fair Housing, and asked if there were objections to including this in the Minutes. There were no objections. The Minutes of September 29 were approved with the addition. Councilman Comstock requested.that -Page--4G of- the Minutes of October 5 show Mrs. Norman Silberling, Jr, instead of Norma Silber1irg, Jr, The Minutes of October 5, 1970 were approved as corrected, 1 Retirement of OEai H. Bowen MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Gallagher, its approval for adoption: Resolution No. 4383 entitled "Resolution of The Council of The City of Palo Alto Expressing Appreciation to Opal H. Bowen upon Her Retirement" The resolution was adopted unanimously by voice vote. Rinconada Park MOTION: Councilman Clark introduced the following ordinance and moved, seconded by Comstock. its approval for adoption: Ordinance 'tso. 2583 entitled "Ordinance of the Council of the City of Palo Alto Amending Chapter 22. 08 (Park Dedications) of The Palo Alto Municipal Code by Adding Section 22. 108. 212 Enlarging Rinconada Park' (first reading 10/5/70) The ordinance was adopted unanimously by voice vote. MOTiON: Councilman Clark introduced the following ordinance and - rnoved, seconded by Beahrs. its approval for adoption: Ordinance No. 2584 entitled "Ordinance of the Council of The City of Palo Alto Approving and Adopting ""A Plan for The De - d e ioprnent of a Portion of Rinconada Park" (first reading 10/5/70) The ordinance was adopted unanimously by voice vote. c.ntJrac ; fo; Public Works -. Per Diem Wages MOTION: Councilman Arnold introduced the following resolution and moved, seconded by Pearson, its approval for adoption: Resolution No. 4384 entitled "Resolution of the Council of the City of Palo Alto Determining the General Prevailing Rates of Per Diem Wages ir. Contracts for Public Works for The City of Palo Alto and Providing for Publication of Such Rates" The resolution was adopted unanimously by void: vote. California Public es Retirement � ,stern j MR:572:0 and 597:0} MOTION: Councilman Arnold introrli!rert the €onowir yZ iblbbdil L'C-- and mooted, seconded by Gallagher, its approval for first reading: 441 10/19/70 "Ordinance of the Council of The City of Palo Alto Authorizing An Amendment to The Contract Between The City Council and The Board of Administration of The California Public Employees Retirement System" The ordinance was approved for first reading by unanimous voice vote. Transfer of "On Sale Beer Eating Place" License The Alley - 547-1/2 Emerson Street MOTION: Councilman Comstock moved, seconded by Dias, to file the application for a person -to -person transfer of the existing "On -Sale Beer Eating Place" license at 547-1/2 Emerson Street - The Alley, without protest. The motion carried by a majority voice vote. Bryant Street Protect Kenneth Tones, Bond Ceu„sel, presented a brief digest of the pro- posed agreement between the City and the Developer for the Bryant Street Project. Mr. Jones advised '.ha< the document needed some changes, in three particulars: Article III The staff recommendation which should be incorpor- ated in the agreement is to limit the City's responsibility on Florence and Ramona to repaving of those streets with the re- sponsibility for curbs, gutters. Lighting, etc. to the developer. The reason for the staff position is that the limitation of the City's function to repaving has apparently been the practice in similar projects and it is felt this precedent should not be violated here. Article IV To be added to Article IV as 'a Condition_ of Per- formance rather than as an undertaking by any party make the abandonment of Bryant Street and the vacation of any site ease- ments conditions, of exactly the same status as the rezoning, rather than undertakings of agreements by the City. The point being that the City cannot agree to vacate easements and cannot agree to abandon Bryant. Street since these are quasi-judicial t_te Hearings-, E..:�-- YFt�a;c:euliigs requiring :v�;a �;., '+s�zriP_g... �.....asciacs:, and the like and ail the City can do is to conduct the proceedings for these things without committing themselves to any result. Article VI When the parking garage i 3 completed the garage should be conveyed to the Parking Authority and the project price of $2,500,000 should be paid. The Parking Authority in exchange for this .rnoney gets unincumbered fee title to the garage and the eara2e site. (It ahouk! be recuirea that b -"---- ,... ...r......0 sJeIL.PFC 442 10/19/70 the transfer takes place the developer will provide a certified, itemized, final cost figure as to exactly what the total garage costs were before the final transaction is consummated.) It is also proposed that in the event the final actual cost of the garage is less than the price proposed in the agreement that there be an adjustment in the formula either in the assessment feature o- some other feature so that the City has a fair and proper deal. Scott Carey, 1993 Barbara Drive, stated the contract was generally acceptable to the developer and in fact had been executed by him. Mr. Carey agreed to the change requiring a Certification of Costs. However, Mr. Carey stated the new conditions set forth in Article III were not acceptable. These costs were not in the original cost esti- mates, construction and interests costs have increased and are in- creasing daily and there is concern now as to the firianceability of the project. In response to questions Mr. Jones confirmed that the contract would not be approved and signed unless there was a successful election. A proposed time schedule would be worked out to form concurrently See Page the assessments districts and lighting and beautification districts 454 through a public hearing prior to the election. Discussion followed and it was explained that both the property taxes and the assessments attributable to the project for parking would be paid by the City while the garage is in private ownership during the period of construction of the garage. After that, in the long tern, the real property tax attributable to the building will be paid by the owner of the l3L'11d1T.g, and -the --portion attributable to the garage will be tax exempt by virtue of its public ownership. esc _x. a- _ tie In response to questions Mr. Jones explained that the contract calls for the purchase of the project site from the City by the Parking Authority, payment to be made by the Authority to the City of $640,000. Since part of the land is now a part of a parking district the payment for that portion of land would go to that district, the balance of the paymeat would go back to the City's General Fund. Concerning loss of interest while monies are in escrow Mr. Jones explained that the arrangement in the agreement provided that the parking district would bear the interest cost to the extent of the land investment during construction period, and the developer would bear the interest cost of the cons€r°uction amount during `he construrction, City Attorney Stone advised that the agreement did not contain the wording used by the Code for the Affirmative Action Program and staff was directed to incorporate this in the agreement. MOTION: Councilman Spaeth moved, seconded by Dias, to put the contract in final form for final action by he Council. See Page 454 The motion carried unanimously. MOTION: Mayor Wheatley moved, seconded by 'Beahrs, to continue consideration of the agreement, zoning ordinance, and election ordi- nance to November 9, 1970. The motion cat ried unanimously by voice vote. MOTION: Councilman Norton introduced the following resolution and moved, seconded by Beahrs, its approval for adoption: Resolution No. 43'.;5 entitled "Resolution of Intention to Levy Assessment to Make Rental Payments - University Avenue District - Bryant Street Offstreet Parking Project Assessment District" AMENDMENT: Councilman Norton moved, seconded by Beahrs, to amend the motion to correct the figure on page 2, last line, from $90,000 to $108,350, The amendment was approved by majority voice vote. The resolution as amended was adopted unanimously by voice vote. MOTION: -.- Ceenci maf! L)E a'rvaY { -introduced the following resolution and moved, seconded by Beahrs, its adotion: - Resolution No. 4386 entitled "Resolution of Preliminary Determination and of Intention to Acquire and Construct Improve- ments and to Form the University Avenue District Beautification Maintenance District - University Averue District Beautification Project No: 70-92" The resolution was adopted by unanimous voice vote. MOTION: Councilman Arnold introduced the following resolution and moved, seconded by Dias, its adoption: Resolution No. 4387 entitled "Resolution of Preliminary Deter- mination and of Intention to Acquire and Construct Improvements University Avenue District Street Lighting Project No. 70-92" The resolution was adopted by unanimous voice vote. Alcohl?1kc Bevera sji ice icatr 482 University Avenue The Shutter City Attorney Stone reported that the application of Barry Amato, Joseph Baglieri and Jack F. Kava for an on -sale general liquor license for The Shutters restaurant at the President Hotel, 482 University Avenue, has been withdrawn. Assistant to the City Attorney Mayor Wheatley introduced the new Assistant to the City Attorney, See Page Miss Marilyn Norek. 457 Adjournment The meeting adjourned at 12:15 p. ATTEST: City Clem, s ("--. --I n APPi OVED: l May : r J , S