HomeMy WebLinkAbout11091970J MINUTES
city of palo alto
Civic Center
Palo Alto, California
November 9, 1970
The Council of the City of Palo Alto met on this date in a regular
meeting with Vice Mayor Gallagher presiding:
Present: Arnold, Beahrs, l3erwald, Clark, Comstock, Dias,
Gallagher, Norton, Pearson, Spaeth, Wheatley
(arrived 8:45 p.m.)
Absent: None
Approval of Minutes of October 19, 1970
Councilman Comstock requested that on Page 439, line 41 "Baumgarten"
Councilman Pearson requested to add on Page 443, third paragraph
"under the procedures as proposed (that is, by the Council) to put it
on the ballot."
Councilman, Arnold asked that the last sentence of the fourth para-
graph on page 443 be deleted.
The Minutes were approved as corrected. (See also page 457)
Safety Award Presentation
Councilman Clark presented to City Manager Morgan the Certificate
of First Award for the California Cities' Employees Safety. Contest
which had been presented to the City of Palo Alto at the recent League
of California Cities Conference in San Diego. On behalf of the Council
and the-'c.,:+r=:msani*.y G:•lsn^ :mar. Clark expressed pride and appreciation
tee t .--:;ity-zm'dloyees.
Foothills Environmental Study
Oivingston & i3la rraey Report #3'
.ar-« .sa.t dra..i
MOTION: Vice Mayor Gallagher moved, duly seconded, to bring the
Livingston & Blayney Report #3 out of order.
The motion carried by unanimous voice vote.
Mrs. Norman ltulgein, 711 Gailen Avenue, spoke on beh.glf of the
Committee for Green Foothills, League of Women Voters, Palo Alto
4 54
11/9/70
AAUW, Palo Alto Civic League and the Lorna Prieta Chapter of the
Sierra Club. She stated the groups were united in their recommenda-
tion to the Council to accept the recommendations for open space by
the Livingston & Blayney report.
Brette LaShelle, Vice President, Land Resources Corporation urged
the Council to explore possible alternatives.
McKaig
William likeGerio.e., North County Park representative, spoke of the See Page
difficulties of administering acreage of open space and advised the 474
Council to proceed cautiously.
Robert Arnold, 460 Marlowe, spoke in favcr of the recommendation
for open :apace of the Livingston & Blayney Report #3.
Vice Mayor Gallagher asked the record to show that some cf the lands
contained in the study are owned by Stanford University and he is an
employee of Stanford University.
Discussion followed on the impact of retaining the upper foothills as
open space on the lower lands, the financial feasibility of providing
homes at a reasonable cost in the foothills, and the ability of the
City to finance ssirh a project.
(Manor W heatl - arrived at 8:45 p.m.)
(MOTION BEFORE THE COUNCIL FROM 11/2/70 MEETING:
MOTION: Councilman Pearson moved, seconded by Norton, that
the City Council accept the recommendations of the Livingston &
Blayney report for all lands below the park, except Stanford North
and Stanford South, and as set forth on pages 57 to 60 of Report #3,
including the acquisition of 403 acres as an addition to Foothills
Park, and the 4alance of approximately 635 acres for land banking
to be held as open space and to be leased, held or sold oe other-
wise used as the City Council may from time to time direct.
A?..EN'DMENT BEFORE THE COUNCIL FROM 11/2/70 MEETING:
AMENDMENT: Councilman Spaeth moved, seconded by Pearson,
to amend the motion to add the following: "and that effectuation
studies and recommendation of number four, on page 2 of the
Livingston & Blayne), letter cf October 27. 1970 be implemented
by Livingston & Blayney with the appropriate assistance and
support of the City Manager's Office.)
The amendment was approved by the following roll call vote:
.Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Dias,
Gallagher, Norton, Pearson,' Spaeth
Noes: tie
Abstain: Wheatley
455
11/9/70
The motion to accept the recommendations of the Livingston & Blayney
Report #3 was approved as amended by the following roll call vote:
Ayes: Arnold, Berwald, Clark, Comstock, Dias, Gallagher,
Norton, Pearson, Spaeth
Noes: Beahrs
Abstain: Wheatley
MOTION: Vice Mayor Gallagher moved that staff be directed to pre-
pare for Council approval an, implementation program for the pur-
chase of the land, including the fiscal measures necessary to be put
before the electorate, and a vote by the electorate shall be binding
and not advi3ory.
The motion died for lack of a second.
MOTION: Councilman Pearson moved, seconded by Comstock, to
direct the staff to negotiate with Livingston & Blayney to prepare a
new contract for Council approval embodying the changes as set
forth in Mr. Livingston's letter of October 27, 1970,
City Attorney Stone advised that under the intent of Mr. Livingston's
letter the -contract was already changed if the "Council appro fed the
proposal as set out in the letter, that approval would constitute rati-
fication of the proposed contract.
MOTION WI'F3D.RAWN: Councilman Pearson with the consent of her
second withdrew the motion.
Page 474
In response to question, City Manager Morgan advised the cost of
reproducing 300 additional copies of Report #3 would be $500. 00.
MOTION: Councilman Spaeth moved, duly seconded, directing the
printing of 300 additional copies of Report #3 and approximately 150
copies of the detailed Report #4 when it is received from Livingston
& Blayney for availability to the public.
(NOTE: Mr. Livingston will submit copies of the final report
which will be a combination of Reports 1, 2, 3 and 4.)
The motion carried by a majority voice vote.
(The Council recessed from 9:30 p.m. to 9:50 p.m. Councilman
Berwald left the Chambers at 9:50 p.m. and did not return.)
Mayor Wheatley presided after the recess.
MOTION: Mayor Wheatley moved, seconded by Pearson, that Stanford
North and Stanford South as described in the Livingston & Blayney
Report #3 le' in chided in Report #4.
The r otion carried by unanirrious voice vote.
456
11/9/70
Approval of Minutes of October 19, 1970
Mayor Wheatley asked that the following addition and correction sub-
mitted by the City Ci.erk be incorporated into the Minutes:
Addition --
"Proposed Agreement for Maintenance of State Highways
"MOTION: Councilman Beahrs moved, seconded by Norton, a
resolution authorizing the Mayor to execute a contract for
maintenance of State Highways on behalf of the City with the
California. State Highway Department -of Public Works-.
"The resolution was approved by unanimous voice vote."
Correction --
"Page 445, Miss Marilyn Norek is the Assistant City Attorney,
and not Assistant to the City Attorney as noted. "' .
The Minutes of October 19, 1970 were approved with the addition
and correction.
C:'assification Stun f-(CMR:677:0)
MOTION: Vice Mayor Gallagher moved, seconded by Norton, to
approve an agreement with Edward N. Hay and Associates and
authorize the Mayor to execute a contract for provision of consult-
ing services for a classification study.
MOTION: Councilman Pearson moved, seconded by Wheatley, to
refer the proposed agreement to the Finance Committee for study
and recomr^endation.
The notion to refer failed by a majority voice vote.
The motion to approve, the agreement carried by a majority voice
vote.
MLek ici ai Service Center
ase aster Plan 1C1 -1T1:6$1:01
MOTION: Councilman Arnold moved, seconded by Beaters, to accept
the Master Plan, Phase II for the Municipal Service Center.
MOTION: Councilman Pearson moved, seconded by Wheatley, to re-
fer the plan to the Public Works Committee.
The motion carried by a majority voice vote. (Note: Motion to
refer takes precedence)
Councilman Comstock returned to the Chambers.
457
11/9/70
See Page 474
Lytton School Site (CNiR :678:0)
MOTION: Mayor Wheatley introduced the following ordinance and
moved, seconded by Arnold, its approval for adoption:
Ordinance No. 2588 entitled "Ordinance of the Council of the
City of Palo Alto Amending the Budget for the Fiscal Year
1970-7i Adjusting the Appropriations in the Capital Improvement
Fund"
The ordinance was adopted by the fallowing roll call vote:
Qypc:
Arnold, Clark, Comstock, Dias, Gallagher, Norton,
Pearson, Spaeth, Wheatley
Noes: Beahrs
MOTION: Mayor Wheatley moved, seconded by Gallagher, to acquire
the property of the Lytton School Site.
The motion carried by a. majority voice vote.
MOTION: Mayor Wheatley moved, seconded by Gallagher, to direct
staff in preparing the next budget that the amount of money for future
appropriations for lo;v and moderate income housing be considered
as $395,000.00 with $105,000.00 previously approved for the Lytton
School Site.
MOTION: Councilman Spaeth moved, duly seconded, to refer the
subject of appropriations for low and moderate income housing and
the sum appropriated for the Lytton School Site to the Finance Com-
mittee for ?Ludy and recommendation.
The motion carried by a majority voice vote. (Note: A motion to
refer takes precedence.)
Br ant Street Proiect
IC 80:0, MR M:0, CMR:651:0)
Scott Carey, Cornish Carey, :50 University Avenue, advised the
Council the proposed change in Article III, Section 3. 2(d) requiring
developer to pay for certain items of replacement on Florence and
Ramona Streets was not accep .abte to the developer.
Richard Rosenbaum, 717 Garland Drive, spoke in opposition to the
Bryant Street Project.
Robert Purcell, 256 Walter Hays, Manager of the Palo Alto Office
Towers, spoke in opposition to the garage proposal of the Bryant
Street Project.
MOTION: Councilman Arnold moved, seconded by Dias, to approve
the agreement for the accomplishment of the Bryant Street Project.
458
11/9/70
AMENDMENT: Mayor Wheatley moved, .seconded by Pearson, to
amend the motion to add a paragraph to section 6. 4, p. 17, as follows:
If the cost certificate shows a total actual cost of 5%® or more under
$4 million, the garage acquisition price set forth in section 6.2 of
Article VI shall be open to re -negotiation downward.
The amendment carried by unanimous voice vote.
AMENDMENT: Mayor Wheatley moved, seconded by Dias, to amend
the motion to add to Article IV, section 4. 1 the following: Section (d):
"financing by developer as specified hereinafter in Section 10.2."
The amendment carried by majority voice vote.
AMENDMENT: Councilman Arnold moved, seconded by Spaeth, to
amend the motion by adopting revised pages 8 and 9 providing City
pay for certain items of replacement on Florence and Ramona Streets.
The amendment failed by a majority- voice vote.
The ;notion to approve the agreement as amended was approved by
the following roll call vote:
Ayes: Arnold, Beahrs, Clark, Dias, Gallagher, Norton,
Spaeth, Wheatley
Noes: Comstock, Pearnon
MOTION: Mayor Wheatley introduced the following ordinance and
moved, seconded by Beahrs, its approval for adoption:
Ordinance No. 2589 entitled "Ordinance of the Council of the
City of Palo Alto Amending Section 18.08.040 of the Palo Alto
Municipal Code to Change the Zoning of Certain Property in the
Vicinity of University Avenue, Ramona Street, Lytton Avenue
and Florence Street from P -e` and C-2 to P -C Subject to
Conditions" (first reading 9/28/70)
The ordinance was adopted by the following roll call vote:
Ayes: Arnold, Beahrs, Clark, Dias, Gallagher, Norton,
Spaeth., Wheatley
Noes: Comstock. Pea;aon
MOTION: Mayor Wheatley introduced the following resolution and
moved, seconded by Spaeth, its adoption:
l# esolution No. 4390 entitled "Resolution of the Council cf the
City of Palo Alto Calling A Special Referendum: Election for
February 9, 1971 and Requesting the Board of Supervisors of
the County of Santa Clara to Permit the Registrar of Voters to
Assist the City Clerk in the Conduct of S a d Election
(The Bryant Street Project)" (See amendment for change of date)
459
11/9/70
MOTION: Maycr Wheatley moved, duly seconded, to hear from the
public although there is a motion before the C�Szncil.
The motion carried by unanimous voice vote.
John Porter, 547 Hilbar Lane, urged the Council not to have a special
election before February 9th.
AMENDMENT: Councilman Arnold moved, seconded by Beahrs, to
amend the resolution to change the date of the election to January 26,
1971.
The amendment carried by a majority voice vote.
The resolution as amended was adopted by a majority voice vote.
Councilman Pearson asked that the record show she was opposed to
the date set for the election.
Human Relations Commission
Progress Report
MOTION: Councilman Comstock moved, duly seconded, to continue
this item to November 16, 1970.
The motion carried by unanimous voice vote.
Oaxacan Student Visitors
Councilman Dias reported that sever students from. Palo Alto's Sister
City of Oaxaca arrived on Sunday, November 7, for a visit of approxi-
mately six weeks.
Naming of New Street
Off 1:2115_2419_23.9a..(1-___
Mayor Wheatley read a letter received from Pauline Ramos Thompson
dated November 2, 1970 asking that a new street off Page Milt Road
be named for the Ramos family who first settled In this area in 1851,
MOTION: Mayor Wheatley moved, seconded by Comstock, to refer
the item to the Public Naming Facility Committee.
The motion carried by unanimous voice vote.
City Transit System
MOTION: Mayor Wheatley moved, duly seconded, that the City's
policy objecAivep with rea,ard to pkb lic tranrpor to Lion in the City of
460
11/9/70
Palo Alto and adjacent areas, be reassessed and alternati ft methods
of achieving their. he referred to the Finance Committee.
The :notion carried by urmnimoils voice vote.
MOTION: Councilman Pearson moved, duly seconded, to refer to
the Finance Committee the study and recommendation for the for-
mation of a north county bus system to include Menlo Park, Palo
Alto, ivlt. View and Los Altos.
The motion carried by unanimous voice vote.
Lytton School Site
MOTION: Mayor Wheatley moved, duly seconded, to refer to the
Finance Committee for its early study and recommendation some
policy guidelines with regard to the use of the Lytton School Site for
low or moderate housing purposes, and the basic questions of City
subsidy and involvement with regard to future uses of the property
should be framed and implemented.
The motion carried by unanimous voice vote.
Oral Communications
I. Phil Parenti, 260 California Avenue, representative of
the New Age Natural Foods Store, asked the Council to
ch nge the ordinance prohibiting the sale of raw milk.
Staff was requested to look into the matter and report Lack
to Council.
2. gob Cullenbiner 2870 Ramona Avenue, spoke of the heavy
useage of heroin in Palo Alto and urged the Council to
make additional funds available to the Police Department
for use in combatting the problem.
Adjournrmmnt
The meeting adjournedat12:10 p.m.
APP1 ED:
ATTEST:
City Clerkv
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11/9/70