HomeMy WebLinkAbout11121968City Hall
Palo Alto, California
November 12, 1968
The Council of the City of Palo Alto met on this date at ?:30 p.m,
with Mayor Arnold presiding.
Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias,
Gallagher, Gullixson, Pearson, Spaeth; Wheatley
Absent: None
We lcome
Mayor Arnold welcomed Mayor Joliansson of K1unged.er,
the oldest town in Swe.ien founded in 959 A.D., as a visitor to
the City.
Approval of Minutes
Mayor Arnold requested'that on page 260 of the Council Minutes
of October 28 Minutes in the motion relating to school
crossing guards that "accepted" be changed to "received,"
There were no objections.
Vice Mayor Dias requested that on page 259 of the October 28 Minutes
in the motion relating to the Northern California Power Agency
Agreement that the following addition be made after "amendment":
4to the Joint Powers Agreement."
There were no objections.
The Minutes of the Council Meeting of October 28, 1968 were then
approved with the change and addition.
Initiative Petition - Downtown One -Way
Loop 'i'raffic System
Mayor Arnold read the statement of City Clerk Klarnm stating
that the initiative petition filed on October 28, 1968 and relating
to the Downtown One -Way Loop Traffic System had been examined
by the Registrar of Voters and found to be sufficient.
Discussion followed and Assistant City Attorney Stone and City
Manager Morgan responded to questions concerning the opinion
of City Attorney Hildebrand that the petition does not qualify as
an initiative petition within the meaning of Section 4,: Article VI
of the Charter since it requests the Council to place before the
electorate an ordinance dealing with subject matter beyond the
power of the electorate to enact, the options open to the Council
concerning the petition and its subject matter, the desirability
of the Council's retaining control in traffic matters, the cost of
a special advisory election the cost of reverting to the two-way
269
11/12/68
traffic system, the possibilities of improving the loop system,
whether or not the loop system had contributed to any loss of
butiness downtown, the lack of alternative suggestions from down-
town merchants, and the responsibility of the Council to plan overall
City traffic patterns.
MOTION: Councilman Clark moved, secoatled by Beahrs, to rescind
Resolution No. 4026 entitled "Resolution of the Council of the City
of Palo .Alto Amending Resolution No. 2971 Designating Portions
of Hamilton, Webster and Lytton One --Way Streets and Restricting
Paz 'ring Thereon to Create a Downtown One -Way Street Plan.'
At the request of Mayor Arnold, it was agreed that the Minutes
show that it is clearly the sense of Council that any action taken
by the Council is taken in disregard of the initiative petition and
that the Council retains the power to deal with the s'ibject. Council-
men Clark and Beahrs affirmed that Mayor Arnold's statement
covered the intent of the motion.
MOTION: Councilman Spaeth moved, seconded by Wheatley, that
the proponents and the opponents of the measure be allowed five
minutes each to address the Council although there is a motion
before the Council.
The motion carried by majority voice vote.
Charles Schulz, 740 Seale Avenue, Palo Alto, attorney representing
the Central Business Area Association of Palo Alto, proponents
of the initiative petition, spoke in favor of the motion to rescind.
Frank Crist, Jr., President of Downtown Palo Alto, Inc. and a
member of the joint committee of the Palo Alto Chamber of
Commerce and Downtown Palo Alto, Inc. to consider total aspects
of the downtown situation, spoke in opposition to the motion to
rescind.
PREVIOUS QUESTION: Councilman Clark moved, seconded by
Beahrs, the previous question.
The previous question motion failed on the following roil call vote:
Ayes: Arnold, Beahrs, Clark, Dias
Noes: Berwald, Comstock, Gallagher, Gullixson, Pearson,
Spaeth, Wheatley
MOTION: Mayor Arnold moved, seconded by Berwald, to continue
the matter until the second regular Council meeting in January.
Discussion continued concerning the traffic situation existing before
the establishment of the loop system and possible improvements of the
trial loop system which :might better reflect the loop system as it
would exist jf made permanent witlt easy turning corners and
beautification.
270
11/12/68
PREVIOUS QUESTION: Councilman Clark moved, seconded by
Comstock, the previous question.
The previous question carried with one no vote.
The motion to continue failed by majority voice vote.
(The Council recessed from 9:20 to 9:32 p.m.)
MOTION: Councilman Gullixson moved, seconded by Wheatley,
to refer the matter to staff for report to Council in two weeks
(November 25, 1968) for any possible suggestions to improve
the loop aystem that may be feasible and practical on a temporary
basis.
Discussion continued and City Manager Morgan responded to questions
concerning what improvements might be made and the possible
relationship of recommendations in the forthcoming Traffic
Planning Program to be submitted by DeLeuw, Cather & Company.
The motion to refer carried on the following roll call vote:
Ayes: Arnold, Berwald, Gallagher, Gullixson, Spaeth,
Wheatley
Noes: Beahrs, Clark, Comstock, Dias, Pearson
Hearing - Miscellaneous Street
Improvements, Project No. 67-3
MOTION: Councilman Beahrs introduced - be following resolution
and moved seconded by Berwald, its adoption:
Resolution No. 4177 entitled "A Resolution of Intention to
Make Changes and Modifications, Project No. 67-3"
The resolution carried unanimously by voice vote.
Mayor Arnold declared open the hearing on the Miscellaneous
Street Improvement Project No. 67-3.
MOTION: Councilman Bewald, moved, seconded by Pearson,
to continue the hearing until December 16, 1968.
The motion carried unanimously by voice vote.
Change of Distract - 355 Lambert
Avenue, 308 Chestnut Avenue,
3358 Birch Street
MOTION: Councilman Gallagher 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 Section.18. oe. 040 of the Palo Alto
271
11/ 120
Municipal Code Changing the Zoning of Certain Property
Known as 355 Lambert Avenue, 308 Chestnut Avenue and
3358 Birch Street from M -1:S and Re3 to P-F:D"
The ordinance was approved for first reading unanimously by
voice vote.
(Councilman Wheatley left at 9:55 p.m.)
Use Permit for Private Hosiital
Planning Officer Fourcroy referred to the application for a use
permit by Mr. and Mrs. W. L. Youmans to allow the location and
construction of a 58 -bed private hospital at 4277 Miranda Avenue,
and stated that the present hospital had 15 beds with a conditional
use permit to allow a 34 -bed hospital.. He stated that the application
has been denied by the Assistar.t Zoning Administrator, appealed
by Mr. and Mrs. Youmans, and the Planning Commission has
recommended upholding of the appeal to allow the requested use
permit.
Norman Baldwin, 4285 Miranda Avenue, Palo Alto, introduced
George Guenther 820 Miran..:3 Green, Palo Alto, who read a letter
in opposition to the recommendation of the Planning Commission,
signed by the Baldwins, the Guenthers and five other neighbors.
Frank L. Grist, attorney representing Mr. and Mrs. Youmans,
introduced his clients and spoke in favor of the Planning Commission
recommendation.
In response to request from the Council, Mrs. Youmans responded
to questions concerning traffic expected to be generated by her
operation,
_Mrs. Katherine Frank 772 Kendall, Palo Alto, spoke in favor of
the Planning commission recommendation.
MOTION: Councilman Berwald moved, seconded by Clark, to
uphold the Planning Commission recommendation and grant a use
permit allowing the location and construction of a 58 -bed private
hospital (rest home) on a portion of the Rancho La Puriseima
Concepcion, otherwise know as 4277 Miranda Avenue, Zone Dis-
trict R -E (Residential -Estate Regulations) subject to the following
conditions:
1. A detailed landscape plan shall be submitted for approval.
Such plan shall list plants by both their botanical and
common names and shall show suer and spacing. The
parking area shall be screened by a dense screen of
hardy. ' evergreen shrubs not less than five (5) gallon
can si.alr;p No Building Permit shall be issued prior to
approvs.t;of the landscape plan.
2. LatA„ scaping shall be true -to -name. first-class nursery
stoc.' and swell be installed in accordance with the
272
11/12/68
approved plan prior to occupancy of the hospital. Land-
scapiug shall be permanently maintained and replaced
as necessary.
3. All construction and development shall comply with all
Codes and Ordinances, including the Uniform Fire
Code of the City of Palo Alto and other! requirements
of the Chief of the Palo Alto Fire Department regarding
access and public safety, and with the State of California
Administrative Code, Title 19, Public Safety. There
shall be no overbank drainage into Adobe Creek Drainage
into Adobe Creek, creek access and creek bank protection
shall be in accordance with the requirements and
regulations of the Santa Clara County Flood Control and
Water District.
4. Air conditioning equipment shall be arranged and located
so as to assure that noise will not be a problem to the
neighborhood.
5. Commencement of construction shall be deemed an agree-
ment on the part of the applicant, the owner, their heirs,
successors and assigns to comply with all the terms and
conditions of this Use Permit.
AMENDMENT: Councilman Comstock moved, seconded by Pear-
son that an additional condition be made that all exterior lighting
shall be subject to the approval of the Director of Planning and
Corxnrnunity Development.
The amendment carried uxnanirnously by voice vote.
The motion as amended carried by majority voice vote.
Subdivision Map Approval - Country
Club Associates
—MO I^v- N: --f iicilxnan Gallagher—ir ttoduced the following resolution
and moved, seconded by Beahrs, its adoption:
Resolution No. 4178 entitled "Resolution of the Council
if the City of Palo Alto Approving the Final Map of Tract
No. 4346, Country Club West Unit No. 1'' _
The resolution was adopted unanimously by voice vote.
Miscellaneous Division of
Land - 2321 Harvard Street
(See P. 279)
MOTION: Councilman Comstock moved, seconded by Pearson,
to uphold the recommendation of the Planning Commission and deny
the appeal from the decision of the Director of Planning a :i C,: --
munity Development denying the application for a Miscellaneous
Division of Land at 2321 Harvard Street.
She motion carried unanimously by voice voter
273
11/12/68
Site and Design Application
Approval - 230 San Antonio Avenue
MOTION: Councilman Beahrs moved, seconded by Gallagher, to
uphold the recommendation of the Planning Commission and approve
the application of J. C. Penney Co. for Site and Design Control
approval for alteration of the addition to the gasoline service
station at 230 San Antonio Avenue, Zone District L-M:S-D.
The motion carried unanimously by voice vote.
Abandonment of Vista Avenue
MOTION: Councilman Beahrs moved, and it was duly seconded, to
continue the Planning Commission recommendation for abandonment
of Vista Avenue between El Camino Way and E1 Camino Real until the
hearing set for November 25, 1968.
The motion carried unanimously by voi, e vote.
Medical Examination
for Taxicab Drivers
Councilman Beahrs moved, and it was duly seconded, the adoption
of the following ordinance:
Ordinance No. 2476 entitled "Ordinance of the Council of
the City of Palo Alto Amending Section 4.42. 180(b) of the
Palo Alto Municipal Code to Require Medical Examination for
Taxicab Drivers at Four Year Intervals"(first reading 8/5/68)
The ordinance was adopted on the following rollcall vote:
Ayes: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher,
Gullixson, Pearson, Spaeth
Noes: Comstock
Park and Recreation Buildin
lDse and Regulations (C :9)
MOTION: Mayor Arnold moved, seconded by Clark, that t ,e
report of the City Manager concerning proposed park and recreation
building use and regulations be referred to the Planning and
Procedures Committee.
CHANGE OF MOTION: At the suggestion of City Manager Morgan
that the matter concerns regulation of park use arid would possibly
be more appropriately sent to the Public Works Committee, Mayor
Arnold, with the consent of 'A is a+econcr, changed his motion to
refer the report to that committee.
(Councilman Wheatley returned at 10:25 p. m. )
274
11/12/68
The motion to refer failed on the following roll call vote:
Ayes: Arnold, Comstock, Gullixson, Pearson, Spaeth
Noes: Beaters, Berwald, Clark, Dias, Gallagher, Wheatley
MOTION: Councilman Gallagher introduced the following ordinance
and moved, seconded by Beahrs, its approval for first reading:
"Ordinance of the Council of the City of Palo Alto Amending
Chapter 22. 04 of the Palo Alto Municipal Code to Be Designated
'Park and Recreation Building Use and Regulations"'
Discussion followed and City Ma:iager Morgan, Assistant City
Attorney Stone and Director of Community Services Wilson
responded to questions concerning background, former similar
regulations, legal research, permit procedure for advertised
assemblies, exclusive use permits for all or portions of parks
end recreation buildings, the responsibilities of those obtaining
such exclusive use in regard to any damage caused by their use
and toward rights of others in the park or living nearby, the conditions
of use, the desirability of having those obtaining permits be financially
responsible in the event of damage to City facilities, the guide-
line chart outlining specifically the facilities and accommodations
of each City park and its capacity and whether amplified sound
is permitted, the outcome of the re=cent court decision concerning
discretionary power of the Manager in regard to park use, and the
subsequent assignment of the Council to the City Manager and the
City Attorney to provide specific guidelines.
MOTION: Councilman Clark moved, seconded by Dias, to continue
discussion of the matter at the next regular Council meeting on
November 25, 1968. -
The motion carried by majority voice vote.,
orn rehensive Transporation Planning
rogram- terinn Repery (CM11:99:
MOTION: Councilman Comstock moved, seconded by Pearson, to
refer the matter to the Planning and Procedures Committee.
AMENDMENT: Mayor Arnold .roved, that the referral be made
to the Committee of the Whole for consideration on November
18, 1968.
The amendment carried by majority voice vote.
The motion as amended carried unanimously by voice vote.
Reimbursement Agreement -
IFII�.IIriY..✓t'
Sewer
(Councilman Wheatley left at 11:25 p, m. and did not return)
MOTION: Councilman Beahrs moved, and it was duly seconded,
that the agreement to provide a means to reimburse Mr. Dana
and the Palo Alto Hills Golf and Country Club for sewer construction
be approved and the Mayor be authorized to execute the contract.
The motion carried unanimously by voice vote.
Hoover Park Expansion Project (CMR:103:1)
MOTION: Councilman Beahrs moved, and it was dimly seconded,
that the Mayor be authorized to sign the new lease superseding the
existing agreement in connection with future Hoover Park expansion
property at 2829 Cowper Street.
The motion carried unanimously by voice vote.
Commuter Tax
Assistant City Attorney Stone advised that is connection with Council
support of the Board of Supervisors' action in regard to the pro-
posed San Francisco commuter tax, that the superior court had
ruled against San Francisco, Mr. Stone added that Mayor Alioto
has asked that the Assoication of Bay Area Governments review it.
Proposed Open Letter to Parents
Mayor Arnold presented an open letter to parents concerning their
responsibility for their children which he had drafted in consultation
with Mr. Bernard Oliver, President of the Board of the Palo Alto
Unified School District.
Richard Bogart, 3919 Bibbite Drive, Palo Alto, commented
unfavorably on the proposed letter.
Mrs. E. M. Kinderman, 1300 Cowper Street, Palo Alto, suggested
the Council does not have the authority to regulate nighttime
activities of children. — ---- - ----- —
Bob Cullenbine, 921 Ramona, Palo Alto, Community Coordinator
for the Midpeninsula Free University, favored reference to narcotics
abuse but suggested no connection should be implied between such
abui a and recent downtown activities.
Vic Lovell, Menlo Park, External Relations Coodinator of Mid -
peninsula Free University, commented unfavorably on the proposed
letter.
Jinn Wolpinan, 221 South Balsamina, Menlo Par k, commented
unfavorably on the proposed letter.
Mayor Arnold stated be would send the letter as indicated previously
and invited any written coma ents or suggestions from the Council,
Miranda Avenue et al, Project No. 68-56
MOTION: Councilman Berwald introduced the following resolution
and moved, seconded by Clark, its adoption:
76
11/12/68
Resolution No, 4179 entitled "A Resolution of Preliminary
Determination and of Intention to Acquire and Construct
Improvements Miranda Avenue. et al. Project No. 66-56"
The resolution was adopted unanimously by voice vote.
Recall Ballot Form
MOTION: Couecilrnan Berwald moved, seconded by Pearson, that
the Council direct the City Attorney to draft and return to the
Council (on or before , ` revisions to Section 1,
Article VI of the Charter to be applicable to the employment of
General Law provisions pertaining to the recall ballot form (Ref:
California Elections Code, Seca. 27514, 5, 6); that such revisions
include further necessary changes in language so that Council
may consider concurrently a form of ballot similar to that
suggested by the Palo Alto Civic League.
AMENDMENT: Mayor Arnold moved, and it was duly seconded to
delete "on or before ," from the motion.
The amendment carried unan;.rreesly by voice vote.
Discussion brought out that the requested draft would be brought
backto the Council at the sane time as proposals approved
at the Special Meeting of September 30, 1968.
The motion as amended cr-rrited on the following roll call vote:
Ayes: Arnold, Berwald, Clerk, Comstock, Gullixsey,
Pearson, Spaeth
Nees: Beahrs, Dias. Gallagher
California Coastal Route
Councilman Pearson advised that the Cattf,rnia Coastal Route
committee would meet soon and she would like to present,
Resolution No. 4098 entitled "Resolution of the Council of the
City of Palo Alto Relating to the California Coastal Redwood
Route."
There were no objections.
Oral Communications
Larry Salem requested the Council ask Cite City Manager not
to allow the Building Inspector to enforce the ordinance
which prohibits classes o be held in homes in R-1 Zones
(Residential . single family dwellings).
City Manager Morgan advised that the Building Inspection
Department had sent a letter to the Midpeninsula Free
277
1112/'8
University whose catalog advertises classes to be held in
private homer in R-1 Zones to advise.them, such classes
would be in violation of the subject ordinance and of the
necessity to comply with the law in this regard.
Adjournment
There being no further business, the Council adjourned at 12:10 a. m..
APPROVED:
27g
11/1Z/68