HomeMy WebLinkAbout03131967City Hall
Palo Alto, California
lvfarcb 13, 1967
The Council of the City of Palo Alto net on this date at 7:35 p.m.
with Councilman Rohrs presiding.
Present: Arnold, 13eab.rs_ (st*ri ad 7:37 p.m.), Cooley, Debs,
Flint, Pearson. Rohrs, Sher, Worthington
(arrived 7:37 p. nx. )
Absent: Comstock, Dias, .Rus, Woodward
al. of Minute s
Councilman Cooley asked that the Minutes of February 27 include
his statement that he did not participate in the discussion of the item
relating to claims in connection with the El Carmelo School fire which
appears on page 84.
The Minutes were approved as corrected.
Heariag Z PaR o Al Air rt
roposed Discontinuance and Abandonment or Parkland
Councilman Rohrs opened the hearing on discontinuance as a public
park of certain land. connected with the airport site in the Baylands
and asked that the record show that notice of Resolution 3957 has
been published by the City Clerk as provided in the Charter and that
notice* of - eactidoption of Ras ehon3957 have been posted by the
City Engineer as also provided in the Ckaartei. ser-i r to
City Clerk Rlannm read the written protect received from Stephen G.
Rohe, 607 Georgia Avenue, Palo Alto.
City Manager Morgan referred to the wall chart ,indicating the area
of the . matting lease, the proposed lease, the park area proposed to
be abandoned and the area within the existing lease to be restored to
park use.
There being no one in the audience who wished to `peak. Councilman
Rohrs declared the hearing closed. .
MOTION: Coun.cilman Arnold introduced the following resolution and
moved, seconded by Beabrs, its adoption:
Resolution No. 3967 entitled: "Resolution of the Council of the
City of Palo Alto Calling a Spec1:J Election to Submit to the
Electors (the Question of Discontinuance of the Use of Certain
Lands as a Public Park and Ordering the Consolidation of said
Election with the 196? General Municipal Election."
r
Discussion followed concerning the clarity of the map attached to the
resolution and Mr. Morgan and Assistant City Attorney Hildebrand
replied to questions concerning the inclusion in the lease of the para-
graph required by the Board of Supervisors. Mr. Hildebrand stated
.hat he could handle any doubts the Council might have by writing to
County Counsel John Kennedy confirming the conversation he had
had with him that said paragraph covered only applicatim and repre-
sentations made in accordance with the terms of the lease.
MOTION: Councilman Sher moved, seconded by Pearson, to author-
ise the Mayor to execute the lease for the airport in the forrrt author-
ised for execution by the Board of Supervisors on March 6, 1967,
with the understanding that the City littorney will send a letter to the
County Counsel incorporating their under2tanding as to the meaning
of the additional clause referred to in the County Co sel's fetter of
Marsh 7, 1967.
In reply to questions from the Council, Mr. Hildebrand replied that
such a letter would be filed with the lease and a ;rotation to that effect
made on the lease itself.
The motion carried by the following roll call vote:
Ayes: Arnold, Beahrs, Cooley, Debs, Flint, Pearson, Rohrs,
Sher, Worthington
Noes: None
AMENDMENT: Councilman Sher moved, seconded by Beahrs, that
Exhibit A, the map, attached to the ballot proposition should show
those portions of areas proposed to be withdrawn from parkland
which are subject to die present airport lease.
Discussion followed as to possible misunderstanding of the map and
Councilman Sher, with the consent of his second, withdrew the
a=nendrnens`
The resolution was then adopted by the following roll call vote:
Ayes: Arnold, Beahrs, Cooley, Debs, Flint, Pearson,
Rohrs, Sher, Worthington
Noes: None
Councilman Rohrs then appointed Councilman Sher and himself to
write the ballot argument in favor of the proposition. Councilman
Sher stated that since the Council was unanimous, the argument
would be left at the Clerk's office in time for any councilman who
wished to sign it to do so,
North Palo Alto Wate ram r S te
MOTION: Councilman Cooley moved, on behalf of the Finance. Com-
mittee. that the proposal of Menlo Park for the purchase of the North
Palo Alto Water System in the amount of $64, 000 plus severance
costa be accepted.
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/13/67
The motion carried unanimously by voice vote.
Citizens Adv itt isory C .... ee Rpo e rt on Ba ly s
(Co mcilman Worthington )eft et ''_ p.m.)
MOTION: Councilman Cooley moved, on behalf of the Finance Com-
mittee, that the Council accept the report of the Citizens Advisory
Committee on the Baylands .
Discussion followed concerning any changes that night have occurred
in circumstances regarding athletic centers since the item was re-
ferred to the Committee on October 25, 1965.
The motion carried by majority voice vote. Councilman Flint asked
to be KVtiU.Celed as voting no.
Methane Gas Detectors
(Councilman Worthington returned at 8:47 p.m.)
MOTION: Councilman Cooley moved, on behalf of the Finance Corn-
mittee, that the staff report on methane gas detectors be accepted
and the staff be directed to proceed as proposed.
In reply to questions, City Manager Morgan stated that the City has
the latent gas detector equipment, but better equipment is currently
in the development process.
The motion carried unanimously by voice vote.
Menlo Park Resolution re Gas Tax Funds
a,rOTION [� r�ihon►a,�t o i moved,-. of the Finance m— Com-
mittee, to file without action the Menlo Park resolution rege.'rda.ng
gas tax funds.
The motion failed by the following roll call vote:
Ayes Arnold, Realms, Cooley, Rohrs
Noes: Debs, Flint, Pearson, Sher, Worthington
MOTION: Counci3man Pearson :moved, and it was duly seconded,
that the City of Palo Alto go on record as supporting the resolution
as submitted to them by Menlo Park.
Discussioe. followed as to whether or not the Council wished to indi-
cate support of the resolution with ae motion rather than adopt its owa
resolution on the sasma subject.
MOTION: Councilman Arnold moved, seconded by Beahrs, to con-
tinue discussion of the matter until March 20.
The motion to continue carried by majority voice vote.
Change of District
Sunset International Petroleum Corp ration
Planning Officer Fourcroy outlined the background concerning the
i.pplication for change of district received from Sunset International
Petroleum Corporation.
MOTION: Councilman Arnold 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
Section 3.02 of Ordinance No. 1324, the Zoning Ordinance,
Changing the Zoning of Certain Property Known as a Portion
of the Rancho El Corte de Madera Abutting the Existing P -C
District in the Vicinity of the 1600 and 1700 Blocks of Ares
tradero Road from R-E:A to P -C."
Paul Reimer, of George S. Nolte, Inc, , objected to the wording of
Section 3, paragraph 2, although he stated he understood it would
cause no conflict.
AMENDMENT: Councilman Sher moved, and it was duly seconded,
to change the wording to conform to that suggested by the Planning
Commission.
Discussion followed as to the best way to state the section of the
ordinance in question.
MOTION: Councilman g eahrs moved, and it was duly seconded, to
continue the matter to the next Council meeting (March 20, 1967) so
that the wording may be claraified and a new ordinance prepared.
Councilman Sher asked that tke motion include that the ordinance as
redrafted incorporate the action of the Planning Commission. Coa-
riliran Beaters agreed to include it.
The motion to continue carried by unanimous voice vote.
.(The Council recessed from 9:25 to 9:40 p. m. )
Cbau�ge of District - Rai T . Lindsay►
Pler ing Officer Fourcroy referred to the application for a change of
district from Ray T. Lindsay and suggested the staff prepare a study
for a plan for Ellsworth Street.
MOTION: Councilman Flint .nerved. sera ay Reahrs. to uphold
the recommendation of the Pining Commission and introduced tha
fallowing ordinance for approval for first reading:
"Ordinance of the Council of the City of Palo Alto Amending
Section 3.02 of Oretir .ice No. 1324, the Zoning Ordinance,
Changing the Zoning of Certain Property Known as,2905
Middlefield Road from P. -C to R- 3:G. "
Planning Commissioner Brenner replied to question from Council
concerning the zoning of the property in question.
Dean Lindsay, 499 Middlefield Road, Palo Alto, spoke for Ray T.
Lindsay. He stated that his firm had tried to develop interest in a
professional building for the property but had been oneoco •ssfee: znei,
therefore, would like, to build an apartment house on the property.
MOTION: Councilman Cooley moved, seconded by, Beahrs, to con-
tinue the matter until the staff study on development specifically re-
ferring to the matter of right-of-way if., ready and report back to the
Planning Commission.
The motion failed by the following roll call vote:
Ayes: Beahrs, Cooley, Dens, Flint
Noes: Arnold, Pearson, Rohrs, Sher, Worthington
MOTION: Councilman Debs moved, seconded by Beahrs, to refer the
entire matter back to the Panning Commission.
Councilman Debs then withdrew his motion with the consent of his
second.
AMENDMENT: Councilman Debs moved, seconded by Flint, that the
ordinance incorporate the plans of the Planning Commission report
(Exhibits A, B and C of the development plan of March 13, 196?).
MOTION: Councilman Arnold moved, secon& d by Beaters, to continue
the item to allow the staff to clarify it and reco i e od ce in
line with Council discussion.
The motion carried unaninovssly by voice vote.
MOTION: Councilman Cooley moved, seconded by Bestirs, that the
staff be requested to rnake.a sutdy of this particular area with par-
ticular reference to right-of-way which hasbeen discussed concerning
the future development of Ellsworth Way.
The motion carried by majority voice vote.
Revision of Zc 1is L. Jacobs
MOTION: Councilmai i Deba moved, and it was duly seconded, to up -
bold the recommendation of the Planning Com,mi s s ion and take no
action on the proposed revision to the Boning ordinance damning lot
&sea and open space as retested by pits L. Jacobs, architect.
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3/13/7
Ellis Jacobs, 445 Cambridge, Palo Alto, spoke in favor of the creek
on the property in question being counted as open space.
The motion carried by unanimous voice vote.
Bicycle Route Report
Planning Officer Fourcroy outlined the recommendation of the Plan-
ning Commission regarding the bicycle route report.
MOTION: Cn' ncciiI r it P eareon moved, and it was duly seconded,
that the Council indicate to the Trailways Committee of the Santa
Clara County Parks and Recreation Department Palo Alto's interest
in developing bicycle trails in the Barron Park area with particular
emphasise on the Southern Pacific right-of-way.
The motion carried unanimously by voice vote.
ABACI port
Councilman Rohx s stated that in the absence of Mayor Dias who is
the CourciPs delegate to the Association of Bay Area Governments
the report would be continued.
A reciation of Camellia Bush
MOTION: Councilman Beaters introduced the following resolution and
moved, seconded by Cooley, its adoption:
Resolution No. 3968 entitled "Resolution of the Council of the
City of Palo Alto Expressing Appreciation for Gift of Rare
Camellia Bush."
City .ngier .. itbede described the rare camellia —bush and other
valuable punts received from the J. B. Clarke Nursery of San Jose.
The resolution was adopted by unanimous voice vote.
Drive -In Restaurants and Refreshment Stands
James Lee, the attorney representing Jack -in -the -Box Drive -In
Restaurant, requested the Council delay for 30 days their considera-
tion of second reading of the proposed ordinance regulating drive-in
restaurants and - refreshment stands. He stated his client has some
concern regarding the hours and age of ernployeee contained in the
proposed ordinance.
MOTION: Councilman Beaahrs moved, seconded by Deb., to continue
further co isider ation of the proposed ordinance until Mare* 2?.
The motion carried unanimously by voice vote.
Billiard and Pool Rooms c
Mg; Looms and Bowling Establishuents
MOTION: Councilman Arnold moved, seconded by Beahrs, the
adoption of the fallowing ordinance:
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Ordinance No. 2341 entitled "Ordinance of the Council of the
Cit ."4 Palo Alto Amending Chapter 9 of the Palo Alto Muni-
cipal Code Regulatieg Billiard and Pool Rooms, Card Rooms.
and Bowling Establishments."
The ordinance was adopted b) unanimous voice vote.
Amarillo Park - Stake II Improvements
• -
City Mager Morgeet outlined the proposed Stage II Improvements
to Amarillo Park as stated in leis report of March 9.
MOTION: Councilman Sher introduced the following ordinance and
moved, seconded by Beahrs, its adoption:
Ordinance No. 23.42 entitled "Ordinance of the Council of the
City of Palo Alto Amending the Budget for Fiscal Year 1966-67
to Make an Additional Appropriation to Complete Stage II Im-
provements in Amarillo Park."
The motion carried by the following roll call vote:
Ayes:
Arnold, Beahrs, Cooley, Debs, Flint, Pearson, Rohrs,
Sher, Worthington
Noes: None
mitra==ggirgatadmiggjagaLliggiE:=2XIMUE110,
City Manager Mi rgan presented his report of March 9, 1967 con-
cerning the problems of storm water infiltration into the wastewater
system attaching his recent letter to Stanford University an the sub-
ject. He indicated he Merely wished to keep the Council current On
the subject and would report on Stanford's reply at a later date.
El Camino Real Protect 64-1
City Manager Morgan refer'sd to his report of Marell 9 concerning
the revised cooperative agreement for widening and improvement. of
El Camino Real,
Ke neth I. Jones. bond counsel, outlined the reasons wkich make
approval of the agreement at the present time desirable. He also
replied to questions from Council - members concerning: iipte.us of
tbe agreement.
t
City Engineer Witbeck and Mr. Morgan replied toiurther questions'
concerning details of the agree the anticipated acceptance of
an assessment district in the subject area.
MOTION: Councilman Arnold moved, seconded by Cooley, to author-
ize the Mayor to execute the revised agreement with the State of
California for widening and improving El Camino Reel.
The motion carried by the following roll call vote:
Ayes: Arnold, Beabrs, Cooley, Debs, Flint, Pearson,
Rohrs, Sher, Worthington "
Noes: None
California Avenue Parkin Structures, Pro-ect 65-9
City Manager Morgan outlined his report of March 9 concerning the
proposed contract for architectural services for the California Avenue
Parking Structure, Project 65-9, and the background of the firm of
Jones-Thenn-Tillson, Civil Engineers.
MOTION: Councilman Pearson moved, seconded by i3eahrs, that the
Mayor be authoYized to execute the contract on behalf of. the City.
Discussion followed concerning the type of structure to be built and
the possibility of underground parking in the future.
The motion carried by majority voice vote. Councilman Deb, asked
to be recorded as .voting no.
On -Sale Beer License - 135 University Avenue
Assistant City Attorney Hildebrand referred to his report of March 13
concerning the applicatinn for alcoholic beverage nn -sale beer license
for Donald A. Mcnsour and Gordon. Townsend. 135 University Avenue.
He recommended the application be filed without action.
MOTION: Councilman Arnold moved, seconded by Beahes, to file the
application without action.
The motion carried by unanimous voice vote.
' Charter Amendments
Assistant City Attorney Hildebrand referred to his report of March 10
concerain pros iible Charter conflicts as a result of proposed Charter
amendments.
MOT : Councilman Sher moved, seconded by Dabs, to file the
report.
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13/61
Discussion followed as to whether or not the possible conflicts in
question had been considered when the resolutions submitting Char-
ter amendments to the electors had been considered by the Council.
MOTION: Councilman Arnold moved, seconded by Beaky*, to re-
scind the action placing Proportion 4 regarding changes in filing
dates and signatures required for Council candidates on the ballot.
Councilman Rohr' ruled that Councilman Sher's motion to file the
report was before the Council.
The motion to file carried by the following roil call vote:
Ayes: Debs, Flint, Pearson, Sher, Worthington
Noes: Arnold, Seahrs, Cooley, Rohr.
Human Relations Council
Assistant City Attorney Hildebrand read his report in reply to ques-
tion from the Council concerning the possibility of the Council's
recommending the appointment of a non -Palo Alto resident to the
Hi.nnan Relations Council. He indicated such action might be re-
garded by the FEPC as a desire to broaden the scope of the Hurnan
Relations Council and that any funds given to the Council in the
event of such appointment might be. challenged as a gift of public
funds.
Councilman Sher requested that a copy of the report be sent to the
Human Relatiors Council and noted that they have been asked to
give the Cou vcil their reasons for making the suggestion regarding
appointment of a non-resident.
Adjournment
There being no further business the Council adjourned at 11:40 p.m.
APPROVED:
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1OS
3/13/47