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HomeMy WebLinkAbout09081969City Hall Palo Alto, California September 8, 1969 The Council of the City of Palo Alto rnet on this date in an adjourned meeting from September 2, 1969 at 7:30 p. m. with Mayor Arnold Present: Arnold, Berwald, Clark, Comstock, Dias, Gallagher: Norton, Pearson, Wheatley Absent: Beahrs, Spaeth Tree Regulation MOTION: Councilman Dias moved, on behalf of the Planning and Procedures Committee that: (1) the consultant for the Foothills Environmental Design Study include in his studies a tree conserva- tion element; and (2) that no action be taken at the present time with respect to tree regulations in the flat land areas. The motion carried unanimously by voice vote. Arastradero Road Design Features Councilman Dias reported on behalf of the Planning and Procedures Committee that a study meeting concerning the design of Arastradero Road had been held on August 20, 1969 with six members of the Palo Alto Planning Commission, Supervisor Victor Calvo and several representatives from Los Altos Hills present, and that further Committee discussion will be held later. Coa+ mty�axde Hauain �e a essrscee�eog�rnent Pr a : Phase I (CMR:312:9) s�r�wewrrr - ae rm MOTION: Councilman Wheatley moved, seconded by Clark, to transmit to the County the comments of the Planning Commission as the Council's commentsconcerning the Countywide Housing Element Program: Phase 1. (NOTE: Planning Commission comment is as follows: "The achievement of housing goals is dependent upon the land supply for residential uses. The Interim Report should recog- nize that land use controls, most notably through zoning. are a direct way in which government determines the amount of land available for housing. The amount of land allocated to housing must be related to the employment, and hence, housing demand generated by other land uses." The motion carried unanimously by voice vote. 64 9/8/69 Airport and Yacht Harbor Master Landsca.ing Plan MOTION: Councilman Gallagher moved, seconded by Comstock, to continue the item relating to the Airport and Yacht Harbor = t =scar:„R Per! eot i; z the Agenda to �•�•��•�� '�-:.--"--r-'-a Pier! -----t can be placed on c: coincide with the presentation of the PuFlic Works Committee re- port on the same subject. (September 22, 1969). The ne-tion carried unanimously by voice vote. Miscellaneous Storrs Drain I.m rovements, Project No. 9 I MR:309:9) r�YwYwroxni rar�sri rr sr MOTION: Mayor Arnold moved, seconded by Pearson, thief; the Mayor be authorized to execute an agreement for engineering services for miscellaneous storm drainage improvements with Brown and Caldwell for an amount not to exceed $7,500. The motion carried unanimously by voice vote. Medical and Dental Clinics, Hospitals Lroj• and Rest Ho oiiing m e S Councilman Clark advised that he will neither participate in the discussion nor vote concerning the proposed ordinance for zonieg for medical and dental clinics, hospitals and rest homes. MOTION: Councilman Norton introduced the following ordinance and moved, seconded by Pearson, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Title 18 of the Palo Alto Municipal Code to Delete Certain Medical and Dental Uses air Permitted Uses" Ti w-arninanc ailed o i the folllowing roll rail vote: Ayes: Comstock, Norton, Pearson Noes: Arnold, Berwald, Dias, Gallagher, Wheatley Abstained: Clark MOTION: Councilman Wheatley introduced the following ordinance and moved, seconded byl Dias, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Title 18 of the Palo Alto Municipal Code to Require Use Permits for Certain Medical and Dental Uses" The ordinance was approved for first reading on the following roll call vote: 65 9/8/69 Ayes: Arnold, Berwald, Comstock, Dias, Gallagher, Norton, . ..,.. n aicczLiry Noes: None Abstained: Clark Palo Alto Housin; Corporation MOTION: Councilman Comstock moved, seconded by Pearson, that the following items be referred to the Housing Corporation: 1> exploration of joint program with Stanford University; 2. exploration of joint programs with the Santa Clara County Housing Authority; 3. review of new building technologies and possible building code modifications; 4. exploration of joint prDgrarns with neighboring municipalities; 5. consideration of revised land use policies (for example, what are the economies of dense cluster that includes com- mercial uses on a 500 acre foothills cluster now zoned one -acre -residential?); 6. review of possible joint programs with the private sector or other nor -profit corporations. CHANGE Or MOTION: In reQpnse to Mayor Arnold's ruling that since the Houailg_Corp"'oration i8 an entity entirely separate irocsi the Council and a referral or directive. to them would not be approp- riate, Councilman Comstock, with the consent of his second, changed the motion to request the Mayor to write to the Housing Corporation calling their attention to the items mentioned. The motion as changed carried unanimously by voice vote. Regulation of Hours for Park Activities MOTION: Councilman Gallagher moved, seconded by Clark, that .Council consider at this time the item on the Agenda for September 8, 1969 regarding an amendment to the park ordinance relating to restrictions on hours of use. The motion carried on the following roll call vote: Ayes: Arnold, Clark, Dias, Gallagher, Norton, Pearson Noes: Berwald, Comstock, Wheatley 66 9/8/69 MOTION: Councilman Gallagher introduced the following ordinance and moved, seconded by Arnold, its adoption: Ordinance No. 2530 entitled "Ordinance of the Council of the City of Palo Alto Amending Chapter 22. 04 of the Palo Alto Municipal Code to Establish Restrictions on Hours of Use of City Parks, and Declaring an Emergency" The ordinance was adopted on the following roll call vote: Ayes: Arnold, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley Noes: None MOTION: Councilman Gallagher moved, seconded by Wheatley, that the Council direct the Mayor to appoint a committee of the Council to study the circumstances of recent be -ins in Palo Alto parks, including Lytton Plaza, with a view to making recommenda- tions to the Council concerning the advisability of permitting the continuance of be -ins and, if continued, the conditions under which they would be permitted. AMENDMENT: Councilman Comstock mov' d, seconded by Pearson, to refer the matter to the Planning and Procedures Committee. The amendmeni, failed by majority voice vote. The motion carried on the following roll call vote: Ayes: Arnold,-B+erwaiti, Clark, Dias, Gallagher, Norton, Wheatley Cornatock, i eareon Traffic Si ns - Redwood Circle MOTION: Councilman Comstock moved, seconded by Berwald, to take; up at this time as an item of "New Business," the petition directed to the Council concerning traffic signs on Redwood Circle. The motion carried unanimously by voice vote. Mrs. Doris Tussrnan, 3743 Redwood Circle and Mrs. Elaine Urban, 3735 Redwood Circle, Palo Alto presented their petition asking for Council review and modification of the traffic plan for Redwood Cir4Ie. MOTION: Councilman Berwald moved, seconded by Gallagher, that the matter of traffic signs be referred to staff to settle with the residents of the Redwood Circle area. The motion carried unanimously by voice vote. 67 9/8/69 Oral Communications Dr. Nancy .Jewell Cross, 1942 Palo Alto Way, Menlo Park, presented her letter protesting a City employment advertise- ment which appeared in the MENLO ATHERTON RECORDER and urged the City to accept the national policy GA equal em- ployment opportunity and cease advertising employment op- portunities by sex. Miss Sarah Wolfe, 26871 Moody Road, Los Altos Hills, urged the Council to review the matter of specifying sex in City employment advertisements. MOTION: Councilman Comstock moved, and it was duly seconded, that staff be directed to prepare a report responding to two points: 1. Is our advertising policy and its stipulation of sex in agree- ment or not with existing federal and state statutes? 2. Does use of that policy not erect a discriminatory salary structure ? Motion carried by majority voice vote. Mrs. Orneline 3. Leen, 925 Hamilton Avenue, Palo Alto, read her letter to the Council urging investigation of the real purpose of be -ins and of the sponsors of be -ins before allowing such events to take place in City parks. Edward Elke, 2928 Bryant, Palo Alto, suggested that the cost of bicycle licenses is fair; that dog licenses be increased to $1_5-25 per year; and that marriage licenses for those under I years of age be increased to $250? -$500. Walter Reynolds, 411 Oakdale Road, East Palo Alto, stated he would like to see University Avenue cleaned up and made safer, and urged that no repressive legislation be adopted affecting youth. Robert Bartlett, 1689 Hamilton Avenue, Palo Alto, presented a petition containing 31 narnes asking the Council not to develop a bayiarade rock music park; to reject all special park use per- mits involving rock music festivals and similar events; and urged full and vigorous law enforcement. Brian Barhaugh, 330 Cowper Street, Palo Alto, objected to not having had an opportunity to speak regarding adoption of Ordinance No. 2530 relating to restrictions on hours of use of City parks (see above), and suggested El Camino Park be pro- vided with lighting for night activities and a sound shell be constructed there also. 68 9/8/69 Councilman Clark stated that the record should show that a very full discussion of an emergency amendment to the park ordinance to provide for restrictions on hours of use of City parks was held on September 2 at which time Mr. Barhaugh and members of the Free People's Free Music Company and others had commented, generally favorably, on such restriction and the only reason for not adopting the proposed emergency ordinance on September 2 was that the Council wished to allow the staff time to prepare proper wording of that ordinance which was adopted tonight. (See above Ordinance No. 2530 amending the park ordinance). Mark Heller, 509 Hale, Palo Alto, commented on possible motives of Council members in regard to development of Palo Alto. Howard Besser, 1831 Hamilton, Palo Alto, suggested, that students attending be -ins are able to be discriminating about the political literature usually di:atributed at such events. James Mayer, 943 Bryant, Palo Alto, Free People's Free Music Company and White Panther Party, objected to not having had an opportunity to speak again tonight regarding adoption of Ordinance No. 2530(see above). Jack Hawk, 943 Bryant, Palo Alto, Free People's Free Music Company and White Panther Party, stated that members of his organizations should be represented on the Council Be -In Study Committee. "Tony" (boy - refused to state his name), 505 Frnbarcadero Road, Palo Alto, objected to not having had an opportunity to speak again tonight regarding adoption of Ordinance No. 2530 (see above) . Jim Reynolds, 305 Byron, Palo Alto, sound technician for Free People's Free Music Company, stated that at no time during the "Peace Festival" held in El Camino Park on Sept- ember 1, 1969 did the sound stay within the limitation of 25 watts as required by the Municipal Code, and suggested the wattage limitations be replaced with sound restrictions related to decibel readings. (The Council recessed from 9.50 to 10:05 p. m. Councilman Comstock did not return). MOTION: Councilman Norton moved, seconded by Wheatley, that further "Oral Communication" in connection with the Agenda of September 2, 1969 be limited to an additional one-half hour, and any further "Oral Communication" be conducted under the Agenda of September 8, 1969. See Page 77 The motion carried unanimously by voice vote. (Councilman Comstock returned at 10:07 p. m.) Bob Cullenbine, 2875 Ramona, Palo Alto, stated that he does not believe the unfortunate events which occurred on the same day as the 'Peace Festival" were necessarily related to it, referred to a similar unfortunate event which occurredd_nring the September 7 Rinconada Park meeting, and objected to not having had an opportunity to speak again tonight regarding adoption of Ordinance No. 2530 (see above). Tim Gaddus, 943 Bryant Street, Palo Alto, acknowledged that at the September 1 "Peace Festival" he asked those who plan- ned to use drugs or drink liquor to stay in El Camino Park, and explained that he intended his remarks as to where drugs could be obtained to be hurnorous. Albert E. Bridges, 201 High Street, Palo Alto, recommended that if parks are to be used for be -ins, the activity should be closed at 5:00 p. m. and the park itself closed at 6:00 p.m. , with not more than one such event held in the City per month. John Miiwit, 1061 El Camino Real, Menlo Park, believes the Council should consider possible effect of repressive legisla- tion on youth in the community. Miss Diane Levine, 866 San Jude, Palo Alto, asked that the group with Dr. Cross presenting the request that the City not discriminate by sex in advertising its employment opportunities be notified when the staff report is cornplete. Mrs. Lee Herzenberg, 876 Cedro Way, Stanford, objected to not having had an opportunity to speak again tonight regarding the adoption of Ordinance No. 2530 (see above). Resident, 72? Bryant;, Palo Alto, urged increased communications between youth and adults in the City. Mrs, Robert Carlstea; 147 Walter Bays Drive, Palo Alto, asked the Council to attempt to stop the current disintegration of the City as a family community, particularly with regard to the downgrading of University Avenue. Ad4ournm.ent There being no further business, the Council adjourned at 10:35 p.m. * * * * * 70 9/8/69 The Council of the City of Palo Alto met on this date in regular meeting at 10:36 p. rn. with Mayor Arnold presiding. Present: Arnold, Berwald, Clark, Comstock Dias, Gallagher, Norton, Pearson, Wheatley Absent: Beahrs, Spaeth Stanford Subdivisions (Coyote Hir ll) Mayor Ross Aiken of Los Altos Hills advised that the majority of the Council and Planning Commission of Los Altos Hills were present to express their concern about traffic to be generated by Stanford's proposed development of the Coyote Hill area and urged cooperative effort at traffic planning for the area. Councilm-.n Leslie A. Helgesson, Los Altos Hills, expressed his concern about traffic in connection with the proposed subdivision in regard tc' Los Altos Hills on Arastradero Road. Mrs. Donald Spencer, 27490 Sherlock, Los Altos Hills, representing a Los Altos Hills homeowners' group, expressed concern about the effect on Los Altos Hills of the development planned for the Stanford subdivisions. Mrs. Nonette Hanko, Palo Alto Civic League, read a letter regarding development of the Coyote Hill area and asked for an immediate meeting with Los Altos Hills and that no action be taken until after the meeting. Kermit L. Smith, 864 Orange, Sunnyvale, Conservation Chairman of Loma Prieta Chapter of the Sierra Club, urged that a moratorium be declared on development of the Stanford Coyote Hill area in particular and the Palo Alto foothills in general, and for park status for the Coyote Hill area. Philip S. Flint, 2256 Santa Ana, Palo Alto, objected to the haste in regard to hearings on the proposed Stanford subdivisions and urged that more time be allowed for discussion. George Norton, President, Committee for Green Foothills, 260 Sheridan, Palo Alto, asked that the Council consider a moratorium on development of the entire foothills area and that the item on the Agenda relating to such a moratorium be considered out of order at this time. Boyd F. Smith, Manager of Real Estate, Stanford University, gave the history of the proposed development of the subdivisions, ob- serving that 50% of the land would remain in open space after the full planned development of the area. 71 9/8/69 Dr. Howard Brooks, Vice Provost, Stanford University, stated that the land in the proposed subdivision is part of the endowment of Stanford University and inco..ne from it is required to operate the University; that the proposed animal research center is required by the Medical School; and urged the Council to suppo.; the Planning Commission recommendation acid approve the subdivisions. Professor Robert Gerard, Stanford Law School, urged the Council to impose a temporary moratorium on the foothille area and spoke in opposition to development of the Coyote Hill property as proposed by Stanford. Miss Jill Seri, 132 Lincoln, Palo Alto, representative of a Stanford conservation group, objected to development of Stanford's property as proposed by the University and urged a temporary moratorium be placed on all building lots in the foothills except for single-family lots. David Sacks, Stanford Population Environment Forum, 1655 Ed- monton, Sunnyvale, urged a moratorium on all development in the foothills until the Environmental Study of the area is complete. Mrs. Dorothy Reed, 632 Glenbrook, Palo Alto, President of the League of Women Voters, stated that the League does not and can not have any position on the proposed Stanford subdivision develop- ment, but believes it is not good planning to proceed with the devel- opment of the subdivisions while the foothills study is being made. Mrs. Kathryn Vinokur, President of the AAUW, read a letter urging a moratorium on development in the foothills in light of the current study being conducted. Cassius Kirk, 220 Palo Alto Avenue, Palo Alto, attorney representing Stanford University, suggested a serious legal question may exist if a moratorium were declared at this -time which included. Stanford's proposed subdivisions, and referred to the approximately ten year history of the present zoning of the area which has been confirmed by the electors of the City. Robert Arnold, 460 Marlowe, Palo Alto, urged that the matter of approval of the Stanford subdivisions be returned to the Planning Commission for a thorough statement of public costs and benefits of the proposed Coyote Hill area development and other foothill development. Mayor Ross Aiken, Los Altos Hills. reeTphasized the need for cooperative traffic studies in regard to Araatradero Read and Page Mill Road. Laurence Brian, Engineer for Stanford University, advised that traffic concerns are not justified as the subdivision boundary roads will be adequate for the traffic which would be involved in connection. with the planned development. 72 9/8/69 Councilman Wheatley stated that he wished to disclose for the record that he may have some business transactions in the area of the proposed Stanford development, but that he has no contract- ual relations at the present time and has been advised by City Attorney Hildebrand that he may participate in the discussion and vote concerning the subdivisions, but wanted to declare the possi- bility► of his having future business transactions in the area. Councilman Gallagher advised that he has consulted with Mr. Hilde- brand and wishes to disclose that he is employed by Stanford Univ- ersity, is not a member of the Land Office and has nothing to do with development of Stanford lands, and he has been advised he may participate in the discussion and vote concerning the subdivisions. in response to request from Councilman Pearson that she be allowed to bring up the item relating to a proposed foothills moratorium out of order at this time, Mayor Arnold ruled that a motion regarding tsuch a moratorium would be within the scope of discussion at the present time. 1 1 MOTION: Councilman Pearson moved, seconded by Comstock, to direct the City Attorney to draft an ordinance declaring an emer- gency and a moratorium on the issuance of building permits within the area encompassed by the Environmental Design Study; except building permits applied for for single-family residences not within a subdivision or a P -C development, for the period of the design study or until policy direction is given by the design study consul- tants whichever time is sooner. The motion failed on the following roll call vote: Ayes: Berwald, Comstock, Pearson Noes: Arnold, Clark, Dias, Gallagher, Norton, Wheatley MOTION: Mayor Arnold moved, seconded by Wheatley, to uphold the recommendation of the Planning Commission and approve the Tentative Subdivision Map submitted by Stanford University for the division of Parcels C and D of the Parcel Map recorded in Book 254 of Parcel Maps at Page 1 (64.7 acres of property located in the Stanford Industrial. Park, L -M -S area, between Page Mill Expressway, Hillview Avenue, and Arastraderc Road) pursuant to Section 11.535 (c) and (d) of the State Subdivision Map Act and Section 21. 32 of the Palo Alto Municipal Code subject to the re- quirements of the Santa Clara County Flood Control District and the Engineering Department of the City of Palo Alto. MOTION: Councilman Berwald moved that the item be referred to the staff for referral to the 'consultant on the Foothills Environmental Design Study for review, evaluation, and recommendation and return to Council within 120 days. 73 9/8/69 MOTION OUT OF ORDER: Mayor Arnold ruled the motion to refer out of order upon advice of City Attorney Hildebrand that the law requires the Council to act tonight and failure to do so would result in approval of the subdivision with any conditions the Planning Com- mission may have made within the scope of their power to make. He advised further that the subdivision is handled under the State Subdivision Map Act, and the Council may only make those limited recommendations for changes or amendments which are within the scope of the Council's power under the Act. AMENDMENT: Councilman Pearson moved that the Coyote Hill area which is presently designated LM -5 (Light. Manufacturing) designated at: "open space" or agricultural zoning to keep it in the Academic Reserve. AMENDMENT OUT OF ORDER: Mayor Arnold ruled the amendment out of order upon advice of Director of Planning and Community Development Fourcroy that the motion has to do only with the pro- posed subdivision land wbi,:h is already' zoned; that there is certain required procedure for initiating rezoning and the proposed amend- ment to the motion before the Council is not appropriate. The motion carried on the following roll call vote: Ayes: Arnold, Clark, Dias, Gallagher, Wheatley Noes: Berwald, Comstock, Norton, Pearson MOTION: Mayor Arnold moved, seconded by Wheatley, to uphold the Planning Commission recommendation and approve the Tenta- tive Subdivision Map submitted by Stanford University for the divi- sion of Parcel B of the Parcel Map recorded in Book 254 of Parcel Maps at Page 1 (84.5 acres of property located iix the Stanford Industrial Park, L -M-5, A -R, and O -A areas between Page Mill Expressway, Foothill Expressway, flyless Avenue, and Arastra- dero Road) pursuant to Section 11535 (a) of the State Subdivision Map Act and Section 21. 12 of the Palo Alto Municipal Code subject to the requirements of the Santa Clara County Flood Control District and the Engineering Department of the City of Paio Alto. The motion carried on the following roll call vote: Ayes: Arnold, Clark, Dias, Gallagher, Wheatley Noes: Berwald, Comstock. Norton, Pearson MOTION: Councilman Norton moved, seconded by Comstock, that the Council initiate rezoning proceedings under Section 18. 98.090 of the Palo Alto Municipal Code with the request that the Planning Corrarnission consider zoning the approximately 13 -acre portion of Parcel C of the property located in the Stanford Industrial Park to be used for grazing by giving it an appropriate zone limiting its use to grazing and similar agricultural uses. 74 9/S/'9 (Councilman Wheatley left at 1:10 a. m. and did not return). The motion carried unanimously by voice vote. Re ort on Bids - Weed Abatement Program 19-7-7 CMR:315:9) MOTION: Councilman Comstock moved, seconded by Gallagher, that the Council award a contract in the amount of $12,518. 50 to C. J. Simms for items 1 through 15 and items 16A, B and D of Schedule A of the City Manager's Report of September 3, 1969 (CMR:315:9) and that the Council award a contract to Nu -Lawn Chemical Cornpan_y in the amount of $7,760.00 for items 12A and B and item 13 of Schedule B of the same report. The motion carried unanimously by voice vote. Report on Bids - Slurry Seal Pavement Surfacin 1969 �0 (CMR:314:9) MOTION: Councilman Comstock moved, seconded by Gallagher, that the Council authorize the Mayor to execute a contract with Bay Slurry Seal Company of Redwood City, California. in the amount of $5, 817. 50. The motion carried unanimously by voice vote. Palo Alto S care - El Camino Real and Page Mill Road Thomas W. Ford, 2600 El Camino Real, Palo Alto, thanked the Council for their suggestions in regard to the proposed Palo Alto Square development and described the project and the changes made. Councilman Gallagher stated he wished to disclose that he is em- ployed by Stanford University, is not a member of the Land Office and is not involved in any contract relating to Stanford land, and that he will participate in the discussion and vote concerning the Palo Alto Square development. MOTION: Councilman Berwald introduced the following ordinance and moved, seconded by Norton, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the PAMC Changing the Zoning of Certain Property at the Intersection of El Camino Real and Page Mill Road from C -3:S and L-M:S to P -C (Office and. Hotel Complex)" AMENDMENT: Councilman Norton moved, seconded by Dias, that "2. c" of Section 2 be changed to read "The one and two-story buildings shall not exceed a total of 85.000 square feet of net rent - 7S 9/8/69 able floor area with 65, 000 square feet to be on the ground floor and to add "2 g." to provide for no less than 1, 650 parking spaces. The amendment carried unanimously by voice vote. AMENDMENT: Councilman Comstock moved, seconded by Berwald, to change "2 a. " of Section 2 to provide for 400 trees instead of 200. The amendment carried an the following roll call vote: Ayes: Arnold, Berwald, Comstock, Norton, Pearson Noes: Clark, Dias, Gallagher The ordinance as amended was then approved for first reading on the following roll call vote: Ayes: Arnold, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley Noes: None (Councilman Berwald left at 1:45 a. rn. and did not return). Pesticides MOTION: Councilman Comstock rnpved, seconded by Pearson, that the Planning and Procedures Committee be asked to review a potential City ordinance covering prohibition of the use or sale of chlorinated hydrocarbon pesticides in Palo Alto. The motion carried by majority voice vote. P1annin Lo22 op ksh Councilman Comstock announced that a Planning and Conservation League Workshop would be held September 20, 1969 at the Univer- sity of California in Santa Barbara. Oral Communications Mrs. Nonette Hanko, 3172 Emerson Street, Palo Alto, advised that the .Town of Loa Altos Hills would like to discuss zoning with Stanford University as soon as possible. A. M. Laws, 1 1290 Cooper Lane, Los Altos Hills, would like to have a date set as soon as possible for a joint meeting regard- ing traffic, Miss Emily Renzel, 836 Addison, Palo Alto, stated that the Agenda Digest was not published in the Saturday PALO ALTO TIMES. A4 ournn%ent There being no further business, the Council adjourned at 1:50 a. rn. APPROVED: 76 9/8/69