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HomeMy WebLinkAbout07071969City Hall Palo Alto, California July 7, 1961 The Council of the City of Palo Alto met on this date at 7:30 p. m. with Mayor Arnold presiding. Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Spaeth, Wheatley Absent: None Election of Major and Vice Mayor Mayor Arnold referred to Section 8 of Article III of the Charter which requires that a mayor and vice mayor be elected at the first meeting in July and appointed Councilmen Pearson and Clark to serve as tally clerks. Mayor Arnold then asked the Council to pro- ceed to cast votes for the office of Mayor for the 1169-70 term. The following ballot was taken: 1. Arnold - 10 Dias - 1 Mayor Arnold then declared himself re-elected Mayor for the year 1969.70. Mayor Arnold then asked the Council to proceed to vote for the office of vice mayor. The .following ballots were taken: 1. W bea€ley 5 Comstock. - 4 Be rwald = 2 2. Wheatley - 6 Comstock - 5 Mayor Arnold then declared Councilman Jack R. Wheatley elected Vice Mayor for the year 1969-70. Mayor Arnold and Vice Mayor Wheatley thanked Council members for their support. and Mayor Arnold expressed his appreciation to outgoing Vice Mayor Frances K. Dia. for her assistance ding his previous term. Resolution of Appreciation - Judge Paul I. Myers MOTION: Councilman Gallagher moved, seconded by Berwald, to bring up at this time as a matter of urgency an itemY, not on the Agenda. The motion carried unanimously by voice vote. MOTION: Mayor Arnold introduced the following resolution and moved, seconded by Comstock, its adoption: • Resolution No. 4273 entitled "i esolution of the Council of the City bf Palo Alto Honoring Judge Patti 1. Meyers Upon His Re- tirement" The resolution was adopted unanimously by voice vote. (Cov.ncilman Pearson left at 7:50 p. m. and did not return.) Management Audit �.- - MOTION: Councilman Berwald moved, on behalf of the Finance Committee, that Council direct the Finance Committee to pursue a study of management audits and related subjects with the staff for the purpose of formulating recommendations for consideration by Council. The motion carried unanimously by voice vote. Im rovernent of Street Network an to io _ ar estop Bea shore Corridor Ade MOTION: Councilman Clark moved. on behalf of the Planning and Procedures Committee that Council direct staff to investigate in conjunction with the State Division off Highways and the City ofMoun tainView a joins-71,s.rsran v -improve the capacity and safety of the street network in the industrial area bounded by San Anton Road. Charleston Road and the Bayshore corridor. The motion ce rried unanimously by voice vote. Subdivision Procedures - Less Than Five Lots Councilman Norton outlined the Planning Commission recommendation that the Code be amended to require that appiication for division of land into less than five lots follow the subdivision procedures where the total area to be divided is more than five acres or the largest resulting parcel more than two acres. Discgesiou followed and City Attorney Hildebrand replied to questions conceetting the intout of thePlianaing Commission reconconeadatloa and the test legal means el achieving it. MOTION: Councilman Comstock introduced the following ordinance and moved, seconded by Berwald, the ordinance as prop o s e d in the Planning Commission recommendation: "Ordinance of the Council of the City of Palo Alto Amending Sec- tion 21. 32. 020 of the Palo Alto Municipal Code to Provide that Land Divisions Exceeding Specified Acreage Shall Be Approved Under Provisions Governing Subdivision" AMENDMENT: Councilman Norton moved, seconded by Wheatley, that in Section 1 of the proposed ordinance relating to Section 21. 32. 020 of the PAMC everything after "procedure" be deleted and the following substituted: "set forth in subsection (d) of the Business and Professions Code shall be followed. Applications for divisions of land under this section shall be subject to any requirement or condition that the City Council could impose in approving a subdivision." MOTION: Councilman Dias moved, and it was duly seconded, that the proposed ordinance and the proposed amendment be continued for one week and an explanation and the applicable section of the Business and Professions Code be given to the Council by the City Attorney. Cr kRIF1CA TION: Councilman Dias advised that the explanation referred to in her motion would be expected to be an explanation of what the proposed ordinance and amendment would mean to Palo Alto. The roti�r, to continue failed by majority voice vote. The amendment carried on the following roll call vote: Ayes: Arnold, Clark, Dias, Gallagher, Norton, Spaeth, Wheatley Noes: Beahrs, Berwald, Comstock The ordinance. Am 7,�„endcd-w.._ ro - y f- _!r -_z��_= �.��-�.�:Ci-av-�%�, 3�r -first red.d�rrg on the following roll call vote:. Ayes: Arnold, Beahrs, Beraerald, Clark, Comstock, Gallagher, Norton, Spaeth, Wheatley Noes: Dias (The Council adjourned from 9:00 to 9:12 p. Qualification of Councilman Norton avarrammosusumemispasimmill City Attorney Hildebrand advised .that in view of the election of former Planning. Commissioner Horton to the Council his office has* reviewed the legal implications where a mein votes on the same item in, two capacities. and there is no legal problem. Mr. Hildebrand then questioned Councilman Norton concerning Planning Commission recommendations on the Agenda as follows: 1) "Can you, sitting as a Councilman, in hearing and deciding the matters now before you, listen, deliberate and decide without preconceived ideas or attitudes, and base your decisions upon the evidence herein presented and upon matters of which you may take judicial notice?" Councilman Norton replied, "Yes"; and Z) "Did you acquire, in the Planning Commission, bias or prejudice which in any way would affect your rendering a decision on the issues presently before you?" Councilman Norton replied „No". Mr. Hildebrand then advised that Councilman Norton's answers qualify Kim to participate in Council discussion and vote on the Planning Cormmisai4Ti recommendations. Chat ae of District 114 and 116 Monroe Drive Sherman McCormick, 605 Castro Street, Mountain View, representing the applicant for a change of district at 114 and 116 Monroe Drive, spoke in support of the Planning Commission recommendation to approve the application. MOTION: Councilman Comstock intrwduced the following ordinance and moved, seconded by Wheatley, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Ar ending Section 18.08. 040 of the Palo Alto Municipal Code Changing the Zoning of Certain Property Known as 114 aiad 116 Monroe Drive from Rs 1:B-8 to O -A" AMENDMENT: Councilman Wheatley moved, seconded by Beahrs, that if application be made for use as a parking lot that- proper screen- ing and planting to protect adjacent residences be provided. yor Arnold ruled the amendment out of order at this time. Director of Planning and Corexruanity Deveslopment'Fourcroy advised that the O -A zoning requested by the applicant is just for landscaping, and a use permit would be required for a parking lot on the subject. site. The ordinance_ was approved for first reading on the following roll call vote: Ayes: Arnold, Beahrs, Clark, Dias, Gallagher, Norton, Spaeth Noes: Berwald, Comstock, Wheatley Change of strict - 230 San Antonio Avenue MOTION: Councilman Gallagher. introduced the followingordinance and moved, seconded by Beahrs, its approval for fiat readings 4 7/7 /69 "Ordinance of the Council of the City of Palo Alto Amending Sec- tion 18. 08. 040 of the Palo Alto Municipal Code Changing the Zoning of Certain Property Known as 230 San Antonio Avenue from L-M:S-D to C -3-D" AMENDMENT: Councilman Berwald moved, seconded by Wheatley, to substitute "C -2:D" for "C -:D". The The amendment carried unanimously by voice vote, The ordinance as amended was approved for first reading unanimously by voice vote. Sister City Partici ation in Diamond Jubilee MOTION: Councilman Dias introduced the following resolution and moved, seconded by Wheatley, its adoption: Resolution No. 4274 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation to Palo, Leyte, the Philippines for Participation in Palo Alto's Diamond Jubilee Celebration" The resolution was adi pted unanimously by voice vote. MOTION: Councilman Diaz. introduced the following resolution and moved, seconded by Wheatley, its adoption: Resolution No. 4275 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation to Oaxaca for Partici- ,aation in Palo Alto's Di trnond Jubilee Celebration" The resolution was adopted unanimously by voice vote. Miscellaneous Street Improvement Pro'ect No. 67-3 weeeekswew MOTION: Councilman Wheatley introduced thy following resolution and moved, seconded by Beaters, its adoption and setting August 4, 1969 as the date of public hearing: Resolutions No. 4??6 entitled "Resolution of Intention to Make Changes and Modifications" The resolution was adopted unanimously by voice vote. MOTION: Councilman Wheatley introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 42?? entitled "Resolution Calling for Bids on Sale of Improvement Bonds" See Page 22 The resolution was adapted ms.uimcwas1y by voice vote. Old Trace Road, et al, Pr ect No. 64-4 MOTION: Councilman Beahrs introduced the following resolution and moved, seconded by Spaeth, its adoption: Resolution No. 4278 entitled "Resolution Calling for Bide on Sale of Improvement Bonds, Old Trace Road, et al, Project No. 64-4" The resolution was adopted unanimously by voice vote. F'oothilla Gas System, Project No. 68-82 MOTION: Councilman Beahrs introduced the following resolution and moved, seconded by Wheatley, its adoption: Resolution No. 4279 entitled "Resolution Calling for Bids on Sale Of improvement Bonds, Foothills Gas System, Project No. 68-82" The resolution was adopted unanimously by voice vote. Columbus Da Munici 1 Holiday 'refuse a:ol ecti n an ieDosal x�� �g aao �►ppeat ees MOTION: Councilman Spaeth moved, seconded by Gallagher, the adoption of the following ordinances: Ordinance No. 2514 entitled "Ordinance of the Council of the City of. Palo Alto Amending Subsection (a) of Section 2. 08. 100 of the Palo Alto Municipal Code to Add October 12, Columbus Day, as a. 'Regular Municipal Holiday'[first reading 6/23/69) Ordinance No. 2511 entitled -' nee ranee os a C n<.ir' the - --City of -Pais Alto Amending Subsection (7) of Section 5. 20.010 and Subsection (a) of Section 5.20.230 of the Palo Alto Municipal Code Relating to Refuse Collection and Disposal" (.4= st reading 6/23/69 Ordinance No, 2512 entitled "Ordinance of the Council of the City of Palo Alto Amending Sections 18.90.040 and 18. 92. 020 of the Palo Alto Municipal Code Setting Certain Filing and Appeal Fees" (first reading 6/23/69) AM YOMI NT: Coixocilman Dias moved that Colutlibua Day be ex- cluded as a regular municipal holiday. Mayor Arnold ruled that the motions would be split and the ordinance r,tl.ating to Columbus Day voted upon separately, therefore making the proposed acne rent unnecessary. Mayor Arnold stated that the proposed ordinance relating to Columbus Day was now before the Council. The ordinance waz then adopted on the tollowing roll call vote; Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Gallagher, Norton, Spaeth, Wheatley Noes: Dian The two ordinances relating to refuse collection and disposal anti to filing and appeal fees then were adopted unanimously by voice vote. Change of Zone - 521 Channin.g Avenue Councilmen Clark and Spaeth advised that they will neither partici- pate nor vote concerning the changing of zoning of property at 521 Chancing Avenue, MOTION: Councilman Wheatley moved, seconded by Beahrs, the adoption of the following ordinance: Ordinance No. 2513 entitled "Ordinance of the Council of the City of Palo Alto Amending Section 18;08.040 of the Palo Alto Muni- cipal Code Changing the Zoning of Certain Property Known as 521 Chancing Avenue from P -C to R-.4 first reading 6/23/69) The ordinance was adopted unanimously by voice vote, Councilmen Clark and SpaEth abstaining. Landsca in and Gradin Plans M - a o to 3rpor an ac t: arbor_ City Manager Morgan presented his report concerning the master landscaping and grading plans for the airport and yacht harbor. James T. Pott, Director of Public Works, Santa Clara County, stepped to the., public microphone to respond to questions from the Council concerning details of the plans. Councilman Norton requested that the Minutes reflect that discussion with Director of Planning and Community Development Fourcroy and with Mr. Pott indicates there is an understanding that there is a second stage at which time the Council will review detailed land- scaping plans for the Palo Alto airport. MOTION: Caun►citznaa Gallagher moved, and it was duly seconded. to refer both the master grading plan and the master landscaping plan to the Public Works Committee. CHANGE OF MOTION: Councilman Callagher changed his motion with Council to approve the master grading plan now and refer the master landscaping plan t,a'the Public Works Committee. AMENDMENT; Councilman Comstock moved, and it was duly seconded to refer the master grading plan to the Public Works Committee. The amendment failed by majority voice vote. Mr. Pott advised that a small portion of the grading work is critical now. MOTION: Councilman Spaeth moved, seconded by Comstock, to reconsider the motion to refer the master grading plan to the Public Works Committee so that all but the critical portion could be referred. MOTION TO RECONSIDER WITHDRAWN: At the suggestion of Mayor Arnold that the motion before the Council could be restated to refer to the Public Works Committee all but the critical portion mentioned by Mr. Pott, Councilman Spaeth, with the consent of his second, withdrew his motion. MOTION: Councilman Spaeth moved, seconded by Gallagher, to hear from the public although there is a motion before; the Council. The motion carried unauimoualy by voice vote. Miss Lacy Evans, 1440 California, Palo Alto, urged that the County be given approval to fill in the airport area and that the rest of the fill be phased. The motion to refer to the Public Works Committee all but the critical --pox i u- ntioned by-MrPutt failed on the following roll call vote: Ayes: Beal rs, Comstock, Gallagher, Norton, Spaeth Noes: Arnold, Berwald, Clark, Dias, Wheatley MOTION: Councilman Dias moved, seconded by Beahrs, to approve the master grading plans referred tt in the City Manager's Report (C :261:9), The motion carried by majority voice vote. MOTION Councilman Gallagher moved, and it was duly seconded to refer the master plan for landscaping to the `°' ublic. Works Com- mittee. AMENDMENT: Councilman Norton moved, seconded by Comstock, that the master plan for landscaping be referred to the Planning Commission at the same time. The amendment carried unanimously by voice vote. The motion as amended carried by majority voice vote. Oral Communications leseensesansseeemiseeseseem Mayor Arnold stated that he had received a request that "Oral Communications" be heard at this time. MOTION: Councilman Wheatley rnoved, seconded by Gallagher, to bring up the "Oral Communications" category of the Agenda at this time. The motion carried unanimously by voice vote. Howard Be s se r, 1831 Hamilton, Palo Alto, requested that in those City parks where the maximum amplification permitted is 25 watts, the City suspend the relevant ordinance one day per year for each pars at which time there would be no noise limit, and the parks would be made available on a first come, first served basis, to groups in the community on that particular day. School Crossin Protection Program(CME:2622:9) IMMEONNIEMONIONSIMIN MOTION: Councilman Gallagher moved, seconded by Beahrs, that the Council approve the selection of DeLeuw, Cather and`,:.om - pany in connection with the federalgrant for a school crossing protection program and authorize the City Manager to execute a contract with this consultant for performance of the work as out- lined on pages S. 6 and 7 of Exhibit A of City Manager's Report eL —July 3; 1-969 (CMR:262:9); the maximum fee is to be $5,944. 00 as approved by the Federal Highway Safety Bureau. The motion carried unanimously by voice vote. Traffic Si and Safety Li ti Ira prove►ments (CMR:232:9) MOTION: Councilman fiat moved; seconded by Galagher, to consider out of order at this time the bid report on traffic improve- ments. The motion carried unanimously by voice vote. MOTION: Councilman Comstock moved, seconded by Beahrs, that the Alma/Charleston project be awarded to Iioseadin Electric Com- pany in the amount of $31, 222 and that the Alma/Meadow project he awarded to Stain► at Mitchel, Inc. in Ow amount of $26, 800, .: tti 9 7/7169 The motion carried unanimously by voice vote: Count Wide Housing Element Program - se minsomag MOTION: Councilman Clark moved, seconded by Gallagher, to refer the interim report on County -Wide Housing Element Program, Phase I to the Planing Commission. The motion carried unanimously by voice vote. CATV Franchises in Unincor rated Areas (CM.R:266:9) MOTION: Councilman Beahrs moved, seconded by Dias, to consider out of order at this time the City Manager's Report on CATV Fran- chises in unincorporated County areas. The motion carried unanimously by voice vote. MOTION: Councilman Berwald moved, seconded by Beahrs, that the Courcil authorise the Mayor to direct a letter to the Board of Supervisors protesting the granting of a CATV franchise in the unincorporated area of the Palo Alto -Mountain View Judicial District. The motion carried unanimously by voice vote. Adjournment MOTION: Councilman Comstock, moved, and it was duly seconded, to adjourn to Monday, July 14, 1969 at 7:30 p. m. The motion carried skAiuirnously by voice vote. The Council adjourned at 11:15 p.m. APPROVED: ATTEST: