HomeMy WebLinkAbout10071968City Hall
Palo Alto, California
October 7, 1968
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, Dias, Gallagher,
Gullixson, Pearson, Spaeth (arrived 7:35 p. rn.)
Absent: Comstock, Wheatley
Approval of Minutes
Councilman Pearson requested that page 223 of the minutes of
September 16, 1968 be corrected to indicate the correct spelling of
Mr. John Newsokil's name.
The minutes of September 16, 1968 were then approved as corrected.
Mayor Arnold requested that on page 288 of the September 23, 1968
minutes in regard to Miss =.ucy Evans' request regarding relocation
of Embarcadero Road, that the last line be changed to read "which
may, in her opinion, contain errors." There were no objections.
Councilman Pearson noted that on page 229 of the September 23, 1968
minutes the title of the Resolution had been omitted and requested the
following be inserted after the motion:
Resolution No. 4163 entitled "Resolution of the Council of the
City of Palo Alto Urging Defeat of State Proposition No. 9."
Addition of the title of the resolution was approved and the minutes
of September 23, 1968, were then approved as changed and corrected.
P -C Development Plan
3900 Middlefield Road (68-2C-14)
Mayor Arnold announced that the application of Shell Oil Company
to change the P -C Development Plan for property at 3900 Middlefield
Road had been withdrawn by the applicant and no action was necessary.
P -C DeveloTrnentTPlan
l l l'mbarcader i oad (68-4C-15)
MOTION: Councilman Berwald introduced the following resolution
and moved, seconded by Beahrs, its adoption:
Resolution No. 4164 entitled "Resolution of the Council of the
City of Palo Alto Changing the P -C Development Plan Approved
by Ordinance 1643 Applying to Property Known as 1161
Embarcadero Road."
The resolution was adopted unanimously by voice vote.
Change of District - 305 Grant Avenue,
-2-640and2650 Birch Street and
306 S_heridan Avenue (68-Z--1 i)
William E. Anderson, one of the applicants, spoke in favor of the
change of district from HDA to R -3:P, showed slides of the property
in question, and reviewed the history:nf this area.
In answer to questions regarding a timetable for zoning this area,
Director of Planning Fourcroy replied i t is the staff premise to
complete their work with the Planning Commission on the General
Plan. By that time they will have the information on the traffic
study so the two can operate together and this would be the time to
look at this whole area including the property in question. An
estimate on time would be late Spring for the total report on the
California Avenue area.
Planning Commissioner Norton reviewed the Planning Commission
action, noted that a study is under way for the entire downtown
California Avenue area, and stated he did not know of any city-wide
policy which opposes the use of appropriate single-family residences
for office 1.4-3e.
MOTION: Councilman Clark moved, seconded by Arnold, to uphold
the Planning Commission recommendation and deny the application
for a change of district, 305 Grant Avenue, 2640 and 2750 Birch
Street and 306 Sheridan Avenue from HDA to R -3:P.
The motion failed on the following roll call vote:
;yes: Arnold, Clark, Gallagher, Pearson
Noes: Beahrs, Berwald, Dias, Gullixson, Spaeth
MOTION: Councilman Spaeth moved, seconded by Dias, an ordinance
which would grant the change of district requested by the applicants.
The motion failed on the following roll call vote: (six votes needed
to pass)
Ayes: Beahrs, Berwald, Dias, Gullixson, Sapeth
Noes: Arnold, Clark, Gallagher, Pearson
The question was raised as to the status and the Mayor ruled that
the application has been decried as a result of the previous action.
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10/7/68
ChanpLe of District
T6 Byron Street (6$-ZC-17)
MOTION: Councilman Pearson moved, seconded by Beahrs, to up-
hold the Planning Commission recommendation and deny the appli-
cation of Edward R. Gammon for a change of district at 336 Byron
Street from R -3:.L-12 to R -5:L-9.
MOTION: Councilman Spaeth moved, seconded by Gallagher, to
hear from any member of the audiet,ce wishing to speak, although
there is a motion before the Council.
The motion carried unanimously by voice vote.
James C. Hoffman, 579 University Avenue, representing the appli-
cant, submitted copies of Planning Commission minutes dated
June 24, 1959 and September 25, 1963 regarding zone changes in
the area. He pointed out the area in question on the wall map and
spoke in favor of the zone change.
The motion to deny, the application carried unanimously on a voice
vote.
.
Policies and Proposals for
the Dow'rto-wn eighbor ood
Paul Reimer, 1529 Arastradero Road, requested in connection with
consideration of these polices and proposals that further comments
from the Mayor's Committee on Raising Neighborhood Standards
and the Chamber of Commerce's Joint Study Committee on Downtown
Improvements could be made available to the Council.
MOT ION: _Counci_lman-Pearson move -d, seconded-byBervald, to
refer the report on Policies and Proposals for the Downtown Neigh-
borhood to the Planning and Procedures Committee.
The motion carried unanimously on a voice vote.
Appreciation to William George
Upon his Retirement +AMR :66:9)
MOTION: Councilman Berwald read the following resoution
entirety and moved, duly seconded, its adoption! _
Resolution No. 4165 entitled "Resolution of the Council of the
City of Palo Alto .Expressing Appreciation to William George
Upon His Retirement."
The resolution was adopted unanimously on a voice vote.
Weed Abatement (CMR:67:9)
MOTION: Councilman Clark introduced the following resolution and
moved, duly seconded, its adoption:
Resolution No. 4166 entitled "Resolution of the Council of the
City of Palo Alto Declaring Weeds to be a Nuisance. "
The resolution was adopted unanimously on a voice vote.
Detachment from Las Encinaas Sanitary District
El Camino Real Annexation No, 7 (CMR:70:9)
MOTION: Councilman Spaeth introduced the following resolution and
moved, seconded by Gullixson, its adoption:
Resolution No. 4167 entitled "Resolution of the Council of the City
of Palo Alt. i}eques r thc, Agency Form =lion Commission
to Approve a Proposed Detachment of Certain Uninhabited Terri-
tory Designated as "El Camino Annexation #7-1:68" from the Las
I✓;ncinas Sanitary District."
The resolution was adopted unanimously on a voice vote.
Civic Center District Regulations
MOTION: Vice Mayor Dias introduced the following ordinance for
second reading and moved, seconded by Pearson, its adoption:
Ordinance No. 2473 entitled "Ordinance of the Council of the
City of Palo Alto Amending 'Chapter 18.79 of the Palo Alto
Municipal Code P -C' Civic Center District Regulations) to Pro -
Vide Uniform -Height -Requirements Thrcugnout__the-District, to
Restrict Special Setbacl: Requirements to Certain Frontage,
and to Clarify Off -Street Parking and Sign Regulations."
(first reading 8126/68)
The ordinance was adopted unanimously on a voice vote.
Miscellaneous Street improvements
roject � (CME:72:9)
MOTION: Councilman Gallagher introduced the following resolution
and moved, duly seconded, its adoption:
Resolution No. 4168 entitled "A Resolution of Preliminary
Approval of Engineer's Report."
The resolution was adopted unanimously on a voice vote.
MOTION: Councilman Gallagher introduced the following resolution
and moved, seconded by Beahrs, its adoption:
243
101/168
Resoltuion No. 4169 entitled "A Resolution Describing Proposed
Boundaries of Assessment District, Directing Filing of Map and
Directing Recordation cf Notice of Assessment and Assessment
Diagrz m. „
The resolution was adopted unanimously on a voice vote.
MOTION: Councilman Beahrs introduced the following resolution
and moved, seconded by Spaeth, its adoption:
Resolution No. 4170 entitled "A Resolution Appointing Time and
Place of hearing Protests in Relation to Proposed Acquisitions
and Improvements and Directing Notice."
The resolution was adopted unanimously on a voice vote.
MOTION: Vice Mayor Dias introduced the following resolution and
moved, seconded by Gallagher, its adoption.:
Resolution No. 4171 entitled "A Resolution of Intention to Amend
Section 12. 1 f.. 020 of Chapter 12.16 of Title 12 of the. Palo Alto
Municipal Code by Establishing Underground Utility Districts
Nos. 8, 9 and 10.„
The resol .t.on was adopted unanimously on a voice vote.
Report on Bids - 1968.69 Street
Reconstruction ancig-urfaciag
Pro'ects No. 68-51 and -6-81:32 (CMR:69:9)
MOTION: Councilman Gallagher moved, seconded by Guilixson, to
award the contract for reconstruction and surfacing of City streets
for 19613-69 to Freernan-Sondgroth Construction Company in___L'
amount of $260.1.6^ a-" authvs ze trig 1 r io execute it on behalf
of the City.
The motion carried unanimously by voice vote.
Service and Maintenance:, Agreement
Los Altos Hills Sewe stea(CMR:68-:9)
MOTION: Councilman Spaeth moved, seconded by Beahrs, to
authorize the Mayor to execute the agreement to provide maintenance
service for the Town of Los Altos Hills' sewer collection system.
The motion carried unanimously by voice vote.
On -sale Beer License
X91 c Mid.lefield Road (CMR:74:9)
MOTION Councilman Beahrs moved, seconded by Gallagher, to
file a formal protest with the Department of Alcholic Beverage
44
0/7168
Control against the granting of an on -sale beer license to Jack G. ,
Ruby L. , and Jack Jr. Young for Jack's Restaurant, 3918 Middle-
field Road.
Discussion followed on the letter of protest from the School District,
previous action on similar applications in this area, and proximity
to Cubberley High School as the reason for filing formal protest.
The motion to file a formal protest ca.s niece on a majority voice vote.
Embarcadero Road Relocation (CMR:73:9)
(Continued frorn 9/23/68)
Ci.ty Manager Morgan answered questions regarding validity of ex-
hibits to the ordinance and the yacht harbor and airport ,eases
noting that Exhibit A which was part of the ordinance proved to be
correct while Exhibits B and C which were prepared by the County
and relate to the overall Baylands did have some discrepencies
which have been corrected.
MOTION: Vice Mayor Dias introduced the following ordinance for
second readirsg and moved, duly seconded, its adoption:
Ordinance No. 2474 entitled "Ordinance of the Council of the
City of Palo Alto Approving and Adopting a Plan for the Further
Development of Byxbee Park and the City -Owned Baylands."
(first reading 9110/68)
In answer to questions from Councilman Pearson regarding the Sea
Scout Base, James Pott, Public Works. Director for Santa Clara
County, reported that a meeting had been held on September 21 in
the home of Mr. and Mrs. Charles H. Mann with Sea Scouts, City
Councilmen and City staff present. There was no disagreement that
t_wo',lel be best to finish the dredging job in the harbor and then view
problems with respect to Sea Scout location. —"-he printed—otat there
are two Sea Scout groups and assured the Council there will be more
than adequate notice to interested parties.
The ordinance re Embarcadero Road relocation. was adopted unani-
mously on a voice vote.
MOTION: Councilman Spaeth moved, seconded by Arnold, to rescind
the adoption of the previous amendments to the Yacht Harbor and
Airport leases relative to Embarcadero Road relocation.
The rnotion carried unanimously on a voice vote.
MOTION: Councilman Spaeth moved, and it was duly seconded, to
approve the amended Airport and Yacht Harbor lease agreements.
The motion carried on the following roll call vote;
Ayes: Arnold, Beahra, Berwald, Clark, Dias, Gallagher,
Oullixeon, Spaeth
Noes: Pearson
245
10/7/68
MOTION: Councilman Pearson moved to refer to the Public Work:;
Committee the letter dated October 7, 1968 from the Sea Scouts
along with dredging in the Harbor.
The motion failed for lack of a second.
MOTION: Councilman Clark moved, seconded by Dias, that the
matter of naming new roads and streets in the Yacht Harbor area
be referred to the Naming Public Facilities Committee.
The motion carried unanimously on a voice vote.
State of California Proposition IA
MOTION: Councilman Berwald moved, and it was duly seconded, to
request the staff to draft a resolution supporting State of California
Proposition IA concerning property tax relief.
City Attorney Hildebrand stated his office would have a resolution
ready for the next Counc i4 meeting (October 21, 1968).
The motion carried unanimously by voice vote.
Program for Community Action
Vice Mayor Dias read her letter dated October 7, 1968 setting forth
a program for cornmunity action in regard to the uue of Lytton Plaza
and the Midpeninsula Free University (of Menlo Park) use of El
Camino Park.
(NOTE: Propy'ed Five -Motion -Program)
"1. 1 move that we direct the City Manager to use all resources
_a t_his_enrrnrnand to concentrate on strict enforcement of the State
Penal Code and the Palo Alto Municipal Code, Attention is
directed to:
Loitering or finance, Sec, 9.24; Ot0 -
Liability of Parents for Loitering, Sec. 9. 24.020
Loudspeakers, Sec. 9.12. 010
Distribution of Hanbills, Sec. 9.44. 010
Obstruction of Street and Sidewalks, See. 10.44. 080
Disturbing the Peace in Parks, Sec. 22, 04, 070
(unduly loud noise, tumultuous conduct, use of
vulgar, profane or indecent language)
I move that the City Attorney be directed to redraft thoae
sections of the PAMC to define and precisely delineate procedure
for securing permits for the use of parks by large groups to
comply with the recent court ruling while at the same time
giving the City proper control.
"3. T move that the Council direct the City Manager to investi-
gate the question of establishment of business licenses for Palo
246
10/7/68
Alto and report back to Council. The direction of this investi-
gation not to be a source of revenue, but as a means of estab-
lishing standards and controls for health, safety and welfare
of the community.
"4. I move that the Mayor be directed to write the Palo Alto
Unified School District Board requesting that cafetoriums and
gyms once again be opened for dances and student gatherings
as in the past. We are ali aware that student bands or 'combos'
(now known as 'rock' bands) have had a place in the schools
since before World War II for afternoon 'concerts' and dances
and weekend dances.
"5. I move that the Council, through whatever media available,
address an open letter to parents apprising them of their re-
sponsibility in regard to children unattended under 18 years of
age in Palo Alto after 10:00 p.m., as stated in Section 9.24.020
of the Code: advising them of the seriousness of unknown asso-
ciations brought about at recent gatherings; and asking their
support and cooperation in maintaining Palo Alto as a fine place
to raise a family."
Councilman Pearson stated that it was her understanding the Council
cannot take action on :terns not on the agenda and suggested the matter
be referred to committee.
Vice Mayor Dias agreed with Councilman Pearson's understanding
of the procedure: - that the Council cannot take definitive action -
and added that none of the motions are definitive action at this time
but merely give guidelines and support.
Mayor Arnold ruled the matter in order.
CHALLENGE: Councilman Pearson challenged the ruling. There
was no second and the Chair was sustained.
- -----------------
-MOTION: Vice Mayo. Dias moved, seconded by Spaeth, to direct
the City Manager to use all resources at his command to concen-
trate on strict enforcement of the State Penal Code and the Palo
Alto Municipal Code. Attention is directed to:
Loitering ordinance, Sec. 9. 24. 01 0
Liability of Parents for Loitering, Sec 9. 24. 020
Loudspeakers, Sec. 9.12.010
Distribution of Handbills, Sec. 9.44. 010
Obstruction of Street and Sidewalks, Sec. 10.44080
Disturbing the Peace in Parks, Sec. 22.04, 070
(unduly loud noise, tumultuous conduct, use of vulgar,
profane or indecent language)
Discussion followed and Vice Mayor Dias explained it was the intent
of the motion to make it known that these ordinances are on the books
and that the Council is behind the Police Department in enforcing
them for the welfare of the community.
247
10/7/68.
Fra►.k Criut, Jr. , President of Downtown Palo Alto, Inc. , spoke in
support of the motion.
Discussion continued on meetings held with the groups using Lytton
Plaza, violations of the law, responsibility of Palo Alto cit°zens, and
commendation of police action.
MOTION: Councilman Spaeth moved, seconded by Gullixson, that
item No. 1 be tabled.
The motion carried on the following roll call vote:
Ayes: Arnold, Clark, Gullixson, Pearson; Spaeth
Noes: Beahrs, Berwald, Dias, Gallagher
MOTION: Vice Mayor Dias moved, seconded by Bearers, to direct
the City Attorney to redraft those sections of the PAMC to define
and precisely delineate procedure for securing permits for the use
of parks by large groups to comply with the recent court ruling
while at the same time giving the City proper control.
In answer to questions, City Attorney Hildebrand stated the specific
question to clo with revising our permit procedure is one which re-
quires redrafting, addingtthat his office commenced such a revision
immediately after the recent Court decision and has contacted many
cities in the State.
The motion carried unanimously.
MOTION: Councilma.n Spaeth moved, seconded by Pearson, to refer
the question of establishment of a business license for Palo Alto to
the Planning and Procedures Committee.
Vice Mayor Dias pointed out that the business license is for other
than revenue purposes, not a business tax. Shp_requested that the
motion incline a report-frbm the —City Manager to be referred to
the Planning and Procedures Committee.
AMENDMENT: Councilman Berwald moved to add after the words
"business license" the words "and not as a source of revenue "
The amendment failed for lack of a second.
The motion carried by majority voice vote.
MOTION: Vice Mayor Dias moved, seconded by Arnold, to refer
item No. 4, the matter of cafetoriurs and gyms once again being
opened for dances and student gatherings as in the past, to the City -
School Liaison Committee.
The motion carried unanimously.
MOTION: Vice Mayor Dias moved «..onded by Beahrs, that the
Council, through whatever media available, address an open letter
to parents apprising them of their responsibility in regard to children
unattended under 18 years of age in Palo Alto after 10:00 p.m. , as
stated in Section 9. 24. 020 of the Code; advising them cf the serious-
ness of unknown associations brought about at recent gatherings;
and asking their support and cooperation in maintaining Palo Alto
as a fine place to raise a family.
Discussion followed on the manner of distributing such notice.
MOTION: Councilman Spaeth moved, seconded by Gullixson, to
continue the matter to the next regular meeting.
Mayor Arnold stated he would be happy to draft a letter for Council
approval.
Mr. McBride, 439 Hamilton Avenue, spnke in favor of the motion.
The motion to continue carried unanimc,usly.
(The Council recessed from 10:00 co 10:10 p.m.)
MOTION: Councilman Spaeth moved, and it was duly seconded to
remove Item No. 1 of the previous matter from the table.
The :notion carried unanimously.
MOTION: Councilman Spaeth moved, seconded by Gutlixson, that
the Council affirms its confidence in the City Manager, Police
Department, and City staff in their continued vigilant enforcement
of the State Penal Code and the Palo Alto Municipal Code, particu-
larly in its reasoned and thoughtful implementation thereof in con-
nec`.on with the Lytton Plaza and El Camino Park activities of
recent weeks.
T h - r,. rtrs rar_rieri_;ynanrnlous y.
React on Meetings - Association of
BLArea Governments and Inter -City Council
Vice Mayor Dias galled attention to her reports on the recent meetings
of the Association of Bay Area Governments and the Santa Clara
County Inter -City Council. She stated that no action was required.
Downtown Palo Alto, Inc. Beautification
ro a n or Portion of Unite. Avenue
Frank Crist. Jr. , President of Downtown Palo Alto, Inc. , presented
their proposal for beautification of bastdaliy one block on the north-
westerly side of University Avenue, extending from Waveriey to
Florence and requesting City participation in the development and
approval of their plans. He introduced Paul A. Bosholsn, Landscape
Architect. ', 1
249.
10/7/68
Mr. Bosholm presented sketches showing the concept of unifying the
whole block, answered questions of Council members regarding the
plan and rough estimated cost.
MOTION: Councilman Gallagher moved, seconded by Dias, to refer
the proposed beautification program for a portion of University Avenue
to staff for a report to the Public Works Committee.
The motion carried unanimously on a voice vote.
Report of Downton P w alc Alto Inc. and
Chamber of Commerce
Joint Committee on Downtown Inn. rovertzents
Richard D. Farman, Chairman of the Joint Committee, reviewed
their five point program dated July 9, 1968 for development of mass
parking facilities.
Paul O. Renner, member of the Committee, presented maps showing
areas serving employee parking and shopper parking.
MOTION: Councilman Spaeth moved, and it was duly seconded,
directing staff to make an immediate study to develop a parking pro-
gram for downtow,l Palo Alto, to include locations for :mass parking
facilities, potential financing policies, priorities and construction
timetables, and that upon completion, the staff report to the Planning
and Procedures Committee.
The motion carried unanimously on a voice vote.
Council Meetins_
MOTION: Mayor Arnold moved, seconded by Dias, that the regularly
scheduled meeting of the Council for October _14 he rarirai sta______ -_._--
The motion carried unanimously by voice vote.
Mayor Arnold noted that the second Monday in November is a holiday
and the Council will therefore meet on the second Tuesday (November
12, 1968).
Adjoi.Irnment
There being no further business, the meeting adjourned at 11:00 p. m.
APPROVED:
50
0/7/68