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Palo Alto, California
August 18, 1969
The Council of the City of Palo Alto met on this date in an adjourned
meeting from August 11, 1969 with Vice Mayor Wheatley presiding:
Present: Beahre, Berwald, Clark, Comstock, Dias, Gallagher,
Norton (arrived 7:45 p.m.), Pearson, Spaeth, Wheatley
Absent: Arnold
Booz, Allen 8.‘
Hamilton Report
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Administrative O anization and
a Mans,gernent Development Program (CMR:293:9)
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City Manager Morgan advised that the Booz, Allen & Hamilton Re-
port sets forth the method for implernenting the management develop-
ment program. He noted there are some subjects which might prop-
erly he matters for E. ,,.ter committees, such as the Finance Committee,
and recommended the report be referred to the Planning and Pro-
cedures Committee.
MOTION: Councilman Dias rnoved, seconded by Comstock, to refer
the l3ooz. Allen & Hamilton Report to the Plannir g and Proc dures
Corn.nittee for those recommendations appropriate to that committee.
The motion carried unanimously on a voice vote.
A tication for Ot. Sale Beer
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License - Homer's Warehouse (CMR:291:9)
City Manager Morgan reviewed his report (CMR:291:9) of -August 7,
1969 recommending that the City protest this application. He ad-
vised that the opportunity for protest expired last week, and in crder
to protect the City's interest, a protest was filed on the grounds
,a ggeeted.__ He further advised that if the Council does het concur -in
this action the protest can be withdrawn.
MOTION: Councilman Clark moved, seconded by Dias, that the
Council affirm the action taken by staff concerning the application fcr
on sale beer license at 79 Horner Street.
The motion carried unanimously on a voice vote.
Salary for Councilmen -
Charter Amendment - Ariay 1969
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MOTION: Councilman Gallagher moved, seconded by Berwald, to
continue the matter until September 2, 1969.
The motion carried unanimously on a voice vote.
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8/18/69
Medical and Dental Clinics,
Hospitals and Rest ornes Zoning
'` - '�-' d that they would neither ouneilrnen Clark and �Fa�c„ �e•a����
parti-
cipate in the discussion nor vote its connection with the proposed
ordinance.
Vice Mayor Wheatley noted that the City Attorney had been directed
to do some additional work in regard to preparation of an ordinance
which would require Planning Commission and Council review of all
applications for medical use permits and a report on the exclusive
use of the P -C district as a device for controlling such uses. The •
assignment was completed in the report from the office of the City
Attorney dated August 7, 1969.
MOTION: Councilman Pearson moved, seconded by Comstock, to
continue the rratter to September 2.
The motion was defeated on the following roll call vote:
Ayes: Com stock, Gallagher, Pearson
Noes: Beaters, Berwald, Dias, Wheatley
(Councilman Norton arrived at 7:45 p.m.)
At the request of Vice Mayor Wheatley, City Attorney Hildebrand
explained the difference between the two ordinances referred to in
his report dated August 7, and expressed favor for the Planning
Commission recommendation for the standard use permit procedure
as a device for control of these uees.
Discussion___ followed with Director of Planning and Comnnunity Devel-
opment Fourcroy responding to_questions regarding the operational
aspects of hearings.
MOTION: Councilman Dias introduced the following ordinance (origi-
na) ordinance as recommended by the Planning Commission) and
moved, seconded by Beahrs, its approval for first reading:
"Ordinance of the Council of the City of Palo Alto Amending Sec-
tion 18. 22. 020, Section 18.22.0 30 and Section 18. 26. 030 of the
Palo Alto Municipal Code to Require Use .Permits for Medical
and Dental Clinics, Hospitals and Rest Homes in R -3;P and R-4
Di stricts"
Discussion followed with Mr> Fourcrpy and Mr. Hildebrand respond-
ing to questions regarding the procedures in the two ordinances,
criteria for regulating these vacs, artd distinction between doctor and
dentist offices and clinics.
The motion to approve the ordinance for first reading was defeated
on the following roll call vote: (six votes required)
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8/18/69
Ayes: Beahrs, Dias, Gallagher, Norton, Wheatley
Noes: Berwald, Comstock, Pearson
MOTION: Councilman Dias moved, seconded by Beahrs, to direct
the staff to add to the above ordinance a delineation of criteria to
define the difference between doctor's and dentist's offices from
clinics.
AMENDMENT TO MOTION: Councilman Beahra moved, seconded
by Norton, to direct the City Attorney's office and staff to come
forth with a proposal to effect controls by the P -C device.
AMENDMENT OUT OF ORDER: Vice Mayor Wheatley ruled the
proposed amendment out of order advising it could be recogniz,A
later as a separate motion.
The motion to define carried unanimously on a voice vote, with
Councilmen Clark and Spaeth abstaining.
MOTION: Councilman Beahrs moved, seconded by Norton, that the
City Attorney's office and staff prepare an ordinance utilizing the
P -C district device for controlling such uses.
The motion carried on a majority voice vote with Councilmen Clark
and Spaeth abstaining.
Comprehensive Transportation Plar„iint
Program - Firial Report (C` R:289:9)
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Vice Mayor Wheatley suggested September 15, 1969 as the date for
a joint Council/Planning Commission meeting to study the report
and noted that the Council has a hearing set for that date on the
Housing Element in the General Plan.
MOTION: Vice_Mjor Wheatley - roved, seconded by Berwaia,--brat---
the regular meeting of September 15, 1969 be devoted to two agenda
items - the Hearing on the Housing Element in the General Plan and
a Joint Study Meeting of the Council/Planning Commission on the
Comprehensive Transportation Planning Program.
The motion carried on a unanimous voice vote,
Oral Communications
David Coats, 3836 La Selva Drive, Palo Alto, representing the
Religious Society of Frienda, read their letter to the Council
dated August 18, 1969 urging a moratorium on a decision con-
cerning the Corporation Yard property.
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8/18/69
Vice Mayor Wheatley informed Mr. Coats that this subject will
be brought up during the regular meeting, that the Council has
copies of the letter, and it will not be necessary for him to read
it again when the item comes up.
Adjournment
Thtr..1 einn no further business, the Council adjourned at 8:48 p. m.
The Council of the City of Palo Alto met on this date in regular
meeting at 8:50 p. rn. with Vice Mayor Wheatley presiding.
Present: Beahrs, Berwald, Clark, Comstock, Dias, Gallagher,
Norton, Pearson, Spaeth, Wheatley
Absent: Arnold
Approval of Minutes - August 4, 1969
Councilman Pearson requested that on page 31 of the Minutes of
August 4 in the paragraph after the amendment, the following be add-
ed to the first sentence: "at this point but possible under item No. 9
on the Agenda."
Discussion followed on paraphrasing any of Mr, Jones' statements
when he is not present and the recollections of Council Members as
to what was said.
There were no objections.
Councilman Pearson_req„estedhai t on_nage 33 d the minutes of
August 4, after Resolution No. 4292 the next paragraph read: "Dis-
cussion followed and Councilman Pearson requested the appropriate
amendment from Bond Counsel Jones as to how it might be posiiale
to permit the property owners to pay only a maxirresm of 6% interest
on the bonds. Mr. Jones replied that it was not possible at this time.
Councilman Beahrs requested chat the same paragraph on page 33
include: "It was pointed out that bond was open to the City for only
24 hours, and we are in an escalating bond period. "
There were no objections and the minutes of August 4, 1969 were
approved with all of the requested additions.
(The Council recessed from 9:05 to 9:20 p. m. )
48.
8/10/69
Propositions for the Santa Clara Count
Bond Election - 9 1 9 CMR:304:9)
Vice Mayor Wheatley noted that Howard Campen, Santa Clara County
Manager was present to speak on a special item.
MOTION Councilman Clark moved, seconded by Gallagher, to con-
sider out of order at this time the proposed propositions for the
Santa Clara County Bond Election.
The motion carried unanimously on a voice vote.
Mr. Campen reviewed measures (A), (B) and (C.) which will be before
the voters September 16, 1969, listed the programs, and urged
favorable consideration and support of the City of Palo Alto.
(Note: Measures are as follows:
Measure (A) -- Transit District
This measure would provide the necessary public authori-
zation for the formation of a County -wide transit district
and establish a special one-half cent sales tax as a source
of funding.
Measure (8) -- Facilities for Essential Public Services
Of the 39 projects proposed in this category, one is located
in Palo Alto.
The North County Jail Expansion will involve $121, 000
to complete the jail facilities. The convenience and
availability of this facility has been elpfFa to Palo Alto.
Measure (C) - Re&ional-Parks
There are 18 proposed County regional park projects. Four
of the projects are located in or near Palo Alto.
Mountain View - Baylands Park -- to be developed by
the City of Mountain View with County and Federal funding.
The County share for development will be $1,000,000.
North County Shoreline Park -- This 1,415 acre project
would utilize the proposed flood control basin between
the Palo Alto Yacht Harbor and the Mountain View Shore-
line Park. Joint County/City development of the park
would involve $Z, 500,000 for the first phase by the County.
Palo Alto Yacht Harbor -- The next phase of develop-
ment would provide parking, dry storage, harbor master's
house, etc. , project cost - $800, 000.
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8/18/69
Va11eyffloor Park -- Joint County/City of Sunnyvale
Project -- This baylands park will be similar to Vasona
Park near Los Gatos, providing swimming, picnic areas,
etc. , Project cost -- $2, 000, 000. )
Discussion followed with Mr. Campen responding to questions regard-
ing the measures and financing methods.
MOTION: Councilman Clark introduced the following resolution,
duly seconded, and moved its adoption:
Resolution No. 4297 entitled "Resolution of the Council of the
City of Palo Alto E dire n2 Me- s r! (C) a OlV aaaa.v Jra.�aava aaa� a�aysous -..8 (Aj, (B) and at the Sep-
tember 16, 1969 SantClara County Election. "
The resolution was adopted on a unanimous voice vote.
Use of Coloration Yard
MOTION: Councilman Gallagher moved, on behalf of the Public Works
Committee, that the City declare the Corporation Yard as not suitable
for residential use.
MOTION: Councilman Spaeth moved; seconded by l3erwald, to con-
tinue the mater to September 2, 1969.
The motion to continue failed on the following roll call .rote:
Ayes: Berwald, Comstock, Pearson, Spaeth
Noes: Beahrs, Clark, Dias, Gallagher, Norton, Wheatley
MOTION: Councilman Spaeth moved, seconded by Comstock, to hear
from the public at this time although there is a motion before the
Council.
The motion carried unanimously.
Vice Mayor Wheatley advised that the item before the Council at this
time is the suitability of the Corporation. Yard property for residential
use.
Lane Brennan, 2545 South Court, speaking for the Palo Alto Civic
League, suggested an exchange of property involving either Stanford
University and the City or a non-profit organization, or the Univer-
sity - hospital - non-profit organization. He stated the Civic League
endorses the poeitipan taken by the Mid -Peninsula Citizens for Fair
Housing and the Unitarian Church with respect to a mora.tbri.um.
Don Klages, of W idernan's Men's Store, speaking for the Downtown
Merchants, agreed there is a need for low cost housing but spoke
against the Corp: ration Yard site for such a use.
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8/18/69
John Brockman, president of Raven Enterprises, referred to a pro-
posal regarding use of the Yard for housing which would involve the
submerging of El Camino Real and lowering of Embarcadero Road
with Councilman Beahrs remarking on the extravagance of such a
program.
Vice Mayor Wheatley ruled discussion regarding the costs of closing See Page
El Camino Real and Ernbarcadera Road out of order. 60
CHALLENGE: Councilman Spaeth challenged the ruling of the Chair.
The Chair was sustained on the following roll call vote:
Ayes: Beahrs, Berwald, Dias, Gallagher, Norton, Wheatley
Noes: Clark, Comstock, Pearson, Spaeth
Robert M. Rosenzweig, representing the Stanford Low Cost Housing
Committee, reviewed the action taken by Stanford and advised that
a staff group in tie business office of the University was asked to
develop a set of recommendations. He stated it is his understanding
this group will probably submit their recommendation to the Board
of Trustees at their September meeting,
Chapman Young, 549 West Crescent Drive, read a prepared state-
ment from the Mid -Peninsula Citizens for Fair Housing in opposition
to the Public Works Committee recommendation. He added his
personal statement in favor of further study and a firm prograrn for
low cost housing.
Dianne Car' enter, 125 Forest Avenue, representing Mid -Peninsula
Citizens for Fair Housing, submitted pictures of some of the housing
in which citizens are presently living and spoke in opposition to the
Public Works Committee recommendation.
Ruth Berman, 360 Cowper Street, read and submitted apropos_aLfne
derv.!oprn_ent of. the Corporation Yard site and adjoining area, including
rental area, high rise office buildings, and a hotel and convention
center.
Roy Maloney, representing the Chamber of Commerce, spoke in
favor of the Public Works Committee recommendation and against
any further moratorium.
Frank L. Crist, Jr., representing Downtown Palo Alto, Inc. , gave
their Board recommendation for a commercial or hotel use of the
property, support of the Chamber of Commerce in action toward
low cost housing, and in favor of the Public Works Coninn ittee
recommendation.
George Armstrong, 960 California Avenue, spoke of land available
in Palo Alto for low income housing if the zoning ordinance was
modified.
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8/18/69
Sara Johnson, 1836 Hamilton, spoke in opposition of the Public Works
Committee recommendation.
MOTION: Vice Mayor Wheatley moved, seconded by Norton, to
reconsider the motion to continue.
The motion to reconsider failed on the following roll call vote:
Ayes: Beahrs, Clark, Pearson, Wheatley
Noes: Berwald, Comstock, Dias, Gallagher, Norton, Spaeth
Discussion followed on the committee recommendation, commiting
the property to commercial use, the role of the non-profit corporation
for low cost housing, the length of time the matter has been on the
table, and the Planning Commission recommendation against resi-
dential use of the property.
The motion declaring the Corporation Yard not suitable for residen-
tial use was defeated on the following tie roll call vote:
Ayes: Beahrs, Clark, Dias, Gallagher, Wheatley
Noes: Berwald, Comstock, Norton, Pearson, Spaeth
Proposal for Cor oration Yard
Site Interland Develo anent Co.
MOTION: Councilman Gallagher moved, on behalf of the Public
Works Committee, the recommendation that the Council accept on a
preliminary basis the proposal for the Corporation Yard site made
by Interland Development Company (One University Circle) and direct
the staff to negotiate a contract and plan by which the concept and
development can be implemented and that the staff report be submitted
to the Public Works Committee for consideration.
City Attorney Hildebrand responded to Councilman Gallagher', question
regarding the appropriateness of his motion in view of previous action
taken by the Council, and informed hire his motion is properly before
the Council.
The motion failed on a majority voice vote.
Cor ration Yard Lease
with o anford University
Councilman Gallagher advised that no action is required regarding
this item and asked the status as far as the committee is concerned.
MOTION: Councilman Diap moved, seconded by Clark, to continue the
matter of the Corporation Yard lease with Stanford University in com-
mittee.
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8/i$/F,9
Discussion followed regarding referral of the matter back to com-
mittee.
The motion failed on the following roll call vote:
Ayes: Berwald, Clark, Dias, Wheatley
Noes: Beahrs, Comstock, Norton, Pearson, Spaeth
Financing of Utility Service
connections CMA":2 3: }
MOTION: Councilman Berwald moved, seconded by Pearson, the
adoption of the following ordinance:
Ordinance No. 2527 entitled "Ordinance of the Council of -tie
City of Palo Alto Amending Title 12 of the Palo Alto Municipal
Code to Add Sections 12. 16. 091 to 12. 16.097, inclusive, to
Chapter 12. 16 Thereof, Relating to the Financing of the Conver-
sion of Electrical Service Connections to Underground Locations"
(First reading 8/4/69)
The ordinance was adopted on a unanimous voice vote.
Administrative Changes-
P unici al Cade (CMR:284:9)
MOTION: Councilman Norton moved, seconded by Comstock, the
adoption of the following ordinance: -
Ordinance No. 2528 entitled "Ordinance- of the Council of the City
of Palo Alto Amending Certain Sections of the Palo Alto Munici-
pal Code to Reflect Administrative Changes in Various City
Departments and Divisions" (First reading- 8/4/69)
--_ reading-
The ordinance was adopted on a "".nanimous voice vote.
Validation Ordinance -
Capital i.21=1mPnt Project rs
MOTION: Councilman Comstock introduced the following ordinance,
stating its urgency, and moved, seconded by Pearson, its adoption:
Ordinance No. 2529 entitled "Ordinance To Validate the Organi-
zation, Boundaries, Engineering Documents, Filing Procedures,
Notices, Assessments, Contracts, and Assessment Bonds of the
City of Palo Alto and all Acts and Proceedings in Connection
Therewith, and Declaring the Urgency Thereof, to Take Effect
immediately'
The ordinance was adopted on a unanimous voice vote.
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8/18/69
Re ort on Ore on -Pa a Mill
Improvement roect CMR:299:9)
City Manager Morgan advised that staff has reviewed the bid prices
by the low bidder and found them in order, and since the estimated
total project cost is well within the budget, recommends that the
County be authorized to proceed with the work.
MOTION: Councilman Berwald moved, seconded by Comstock,
to authorize the County to proceed with the work they are doing on
behalf of the City on the Oregon -Page Mill Improvement Project.
The motion carried on a unanimous voice. vote.
Off .Sale Beer and Wine License -
3Z ar Boulevard (CMR:301:9)
MOTION: Councilman Dias moved, seconded by Gallagher, to file
without action the application of Maximart, 3200 Park Boulevard, for
are off sale beer and wine license.
The motioncarried on a majority voice vote.
Selection of Architect for Downtown
I5a►rk Development Plan (CM1k:'303:9)
MOTION: Councilman Clark roved, and it was duly seconded, to
refer selection of an architect for the Downtown Park Development
Plan to the Public Works Committee for consideration in conjunction
with the appropriation ordinance for the Park.
The motion carried on a majority voice vote.
Downtown Park A sition -
Pr�e c -12
MOTION: Councilman Clark moved, seconded by Berwaid, to con-
sider Agenda Item No. 13 out of order at this time. (Appropriation
ordinance for the Downtown Park).
The motion carried unanimously on a voice vote.
MOTION: Councilman Gallagher moved, seconded by Comstock, to
refer the appropriation ordinance for the Downtown Park to the Public
Works Committee.
Discussion followed with Councilman Gallagher advising the matter
would be on a priority basis and considered at the September Public
Works Committee meeting.
The motion to refer carried on a majority voice vote -
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8/18/69
Application for Proposed Nearon
Buildin 450 San Antonio Road
Mr. Nearon spoke regarding his application and requested it not be
delayed any longe
Councilman Spaeth advised Mr. Nearon his application would be the
second item on the next Council Agenda.
MOTION: Councilman Spaeth moved, seconded by Berwald, the
meeting be adjourned to September 2, 1969.
The motion carried unanimously.
Adjournment
The meeting adjourned at 12:05 a. m.
APPROVED:
AT ST:
siatant City lerk
1
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8/18/69