HomeMy WebLinkAbout03271967City Hall
Palo Alto, Calif
March 27, 1967
The Council of the City of Palo Alto met on this date at 7:31 p. m.
with Mayor Dias presiding.
Present
Absent:
Arnold, Beaters, Comstock, Cooley, Debs, Dias
Flint, Pearson, Sher, Worthington
Rohrs, Russ Woodward
Traffic Lanes - Middlefield Road/Ore on Avenue
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MOTION: Councilman Pearson moved, on behalf of the
Planning and Procedures Committee to go back to having two
north -bound lanes on Middlefield, both sides of the intersection
at Oregon Avenue, with one designated as a left -turn lane, that
parking be restricted for the first fifty feet or the Bay side ;tad
,. . t on .b` aide and gist there be
the one hundred feet exaR.: Hill +..».,, .���� .____._
parking limits on the Bay side 7:00 to 9:00 a. m, and on she Hill
side 11:00 a. m. to 1:00 p.m. and 4:00 p.m. to 6;00 p.m. f=ve
days per week.
Assistant City Attorney Hildebrand advised that adoption of the
resolution provided by the Attorney's office would effect the
changes contained in the motion.
Councilman Pearson then withdrew her motion.
MOTION: Councilman Pearson introduced the following reso-
lution and move d, on behalf of the Planning aid Procedures
Committee its adoption:
Resolution No. 3973 entitled: "Resokt nn__o4 the Council
of the City of Palo Alto amending Resolution 2971 to pro-
hibit parking along Middlefield Road south of Oregon Avenue."
Discussion followed and Traffic Engineer Noguchi replied to
questions concerning the difficulties presented to residents of
and motorists in the Middlefield/Oregon area, particularly in
regard to provision for a left -tarn lane.
(Councilman Cooley left at 7:47 p.m.)
The resolution was adopted on the following roll ca11 vote:
Ayes: Arnold, Beahrs, Comstock, Debs, Dias, flint,
Pearson, Sher, Worthington.
Noes: None
Green Cron -ins' Time - Ore ou Avenue Intersections
MOTION: Councilman Pearson moved; nn behalf of the Planning and
Procedures Committee, that a strong request be made to the County
for more green time on cross streets intersectiang Oregon Avenue.
Discussion followed and Traffic Engineer Noguchi replied to ques-
tions concerning the present crossing time and speed of traffic on
Oregon Avenue.
MOTION: Councilman Beahrs moved to Colas to `.he rztattca " ii ::w :-
mittee with the staff to give it additional study before presentation
to the County.
The rnotion failed for lack of a second.
The motion carried on the following roll call votes
Ayes: Com€tock, Debs, rat: Pearson,Sher, Worthington
Noes: Arnold, Beahrs, Dias
Old Trace Road Street Pattern and Financing
MOTION: Councilman Pearson moved, on behalf of the Planning
and Procedures Committee, that the Council accept the residents'
Plan R as the street pattern for the Old Trace Road area, including
water, gas, sewer, storm drain improvements, and minimum prepar-
ations for underground utilities, that the street stub on the Clark pro-
perty be deleted, fire protection easements be acquired and approved,
and that the Planning Commission. review the minimum street width
and report back with a recommendation re minimum street width
as soon as possible.
At the request of Councilman Arnold, the Chaii ruled that the
Council could also consider at this time the agenda item relating
to financing of the Old Trace Road plan, There were no objections.
Discussion followed concerning views of Old Trace Road residents
regarding financing and the need for a street pattern before consider-
iti could -be -given -to €itta a 01-a< ai. �:u� �ias`rti —
The motion carried una.ni r*ously by voice vote.
MOTION: Councilznan Pearson moved, on behalf of the Planning
and Procedures Committee that the staff be directed to work 'with
residents of the Old T, 'ce Road Area on a method of financing.
Discussion followed concerning details for the plan.
The Motion carried by unanimous vciee vote.
MOTION: Councilman Pearson it oved, and it was duly second-
ed that since the City is creating a direct access from Ares-.
tradero Road to the City Park which introduces elements of
excess cost over some other street pattern, and tince`:etxch
street'will se rvie all :re sidebto :in Palo ltttb; this
count:i1:44 eo .the' :tQ teptaaft}** Piety.' ire*4,*trtbjt$pn kiljhe
road system, such contributions to be distributed toward the
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Old Trace Road Street Pattern and Financin4(Con't)
project according to Bond Council's advice.
Discussion followed concerning Anticipated use of the park and
City Manager replied to questions concerning possible preferen-
tial treatment being given to property adjacent to the roa=d.
The motion carried by majority voice vote.
Citizens Advisory Cornmittee Report on Foothill PT
MOTION: Councilman Pearsee moved, on behalf of the
Planniee end Procedures Committee that the Planning Cornrnis-
siorx be instructed to review the Citizens Advisory Committee
Report on Foothill Planning with special attention given to road
widths, foot paths, and standards for the foothills.
The motion carried unanimously by voice vote.
f�iei hbvrs Abroad Report
Councilman Comstock reported on the El Camino Real bells sent
to Palo Alto's Sister Cities, Palo)Leyte in the Philippines, and
Oaxaca, Mexico. He presented photographs taken at the City Hall
in Palo when the bell was prevented and plays -d a tape recording
feorn the Giants Club of Pale acknowledging receipt of the bell and
thanking Palo Alto. He stated that the bell presented to Oaxaca will
probably be located irt the City Hall there. He also reported that
students who wished to take part in the exchange with Oaxaca were
being selected.
Re ulation - Drive-in Restaurants and Refreshment Stands
MOTION: Councilman Arnold moved, seconded by Baehr', the
adoption of the following ordinance:
"Ordinance of the Council of the City of Palo Alto Amending
Chapter 28 of the Palo Alto Municipal Code Regulating Drive -
In Restaurants and Refreshment Stands."
Discussion followed concerning the Planning and Procedures
Committee hearing concerning regulation of drive-in restaurants.
Thomas Carver, Trippet, Yoakum & Ballantyne, Loo Angeles,
the attorney for Jack -in -the -Box Drive-ln, outlined his dimes
objections to the ordinance. Mr. Carver replied to questions from
Council members concerning details of his objections.
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3/27/67
Retulation Drive -In T4eitaurants and Refreshment Stands(Con't)
Assistant City Attorney Hildebrand replied to questions from the
Council concerning Mr. Carver's objections.
Leslie W. Hobson 2211 Park) Palo Alto representing A & W
Rootbeert referred to his letter regarding seasonal hours of
drive-ins, and suggested such hours -be reflected in the ordinance.
Mrs. Dorothy Brown. owner of Taco pie,, 3490 El Camino Real
stated that she employs personnel who are under 21 years of age
and that in slack_pexiods such employees are able to handle her
operation. She also stated that young cleaning employees may be
required to work after her establishment has closed for the night.
Discussion followed and City Manager Morgan replied to ques-
tions concerning leaving to the Police Chief's discretion matters
concerning having someone over 21 on the premise?, at all times.
Paul Hardy, one of the owne.~s of Star Bright Apartrnenis on El
Camino Way, spoke in favor of the ordinance and stated he would
like to see something done so that legitimate drive-in operators
could handle their business, but that those which permit rowdyism
should be discouraged.
13. T. Bergeson, owner/opezator of the A & W Rootbeer Stand,
4127 El Camino Real, stated he also employed students under 21
years of age during the hours , ehen his business is open and also
as cleanup help after hours.
Donald E. Glass, attorney for Mr*. Brown of Taco Tio, stated
that discretion had been used in allowing under 21 year olds on
the premises.
James lee, attorney for PatoAlto _Tack-inethe-Box Drve_-
summarised the presentations in oppoiiition to certain sections of
the ordinance.
Discussion followed concerning possible revisions to the ordina4:e
under consideration which might avoid presenting any undue hard-
ship to the drive-in owners and at the same time provide adequate
control.
.AMENDMENT: Councilman Arnold moved, seconded be Bea$re,
that Section 28. 06 re Serving Hours be amended as follows: "No
person shall be served any ivod or beverage upon the premises
between the hours of 12:00 midnight and ?:00 a.m. , except en
Friday and Saturday night, persons may be served until 1:00 a.m.
the folloveing rnorning. Customers must. vacate the premises
within 30 minutes after the conclusion of serving hours."
Discussion followed concerning closing hours.
Reinlaticm - Drive -In Restaurtnes and-Refre ekiment Stands(Const)
The amendment carried by unanimous voice vote.
AMENDMENT: Councilman Comstock moved, seconded by
Pearson, that Section 28. 10 b be changed to at least 16 years of
age.
The amendment carried by majority voice vote.
AMENDMENT: Councilman Comstock moved, and it was duly
seconded, that Section 28. 08 h be deleted regarding refusing
service and the subsequent paragraphs relettered to reflect the
detsai.... .
The amendment carried by unanimous voice vote.
Discussion brought out that the amendments are of such a sub-
stantial character that should the ordinance receive, the appro-
priate number of votes -the vote would be deemed approval for
first reading and the ordinance would then come before the
Council again for second reading at the proper time.
AMENDMENT: Councilman Sher moved, seconded by Worthington,
that Section 28. 10c be deleted.
The amendment carried by majority voice vote.
Councilman Sher pointed out a typographical error in Section
28. 08d in the third line which should Bead "possession" instead
ofussession".
The ordinance was approved for first xeadingon the following_
roll call vote:
Ayee: Arnold, Beabrs, Comstock, Cooley, Debs, Dias
Tint, Pearson, Sher, Worthington
Noes> None
(The Council recessed from 10:10 to 10:30 p.m.)
Actin Citt Attorne y
Mayor Dias announced that the recommendation of the Personnel
Lia .eon Committee regarding the seieee tto t of a City Attorney had
been discussed in executive session, and it had been decided to
ask Assistant City Attorney Hildebrand to verve as Acting City
Attorney at a salary of $18, 000 per year and to r.uthorise him to
employ a third man to assist him on a temporary basis.
117
3127/0
Acting. City Attorney (Con't)
MOTION: Councilman Cooley moved on behalf of the
Personnel Liaison Committee, to uphold the recommendation of
the Committee.
The motion carried unanimously by voice vote.
County iousin�Authority
MOTION: Councilman Pearson moved, seconded by Flint,
that the City of Palo Alto be included in the Ceetate IfIetteieig
by the Board of Supervisors
_ - - ••iI.ZL iS ifdiV ii r- _
and that the City go on record in support of thr appointment of
Mr. David Reese to the County Office Authority.
Di scuseion followed concerning the degree to which Palo Alto
would be included in the Housing Authorityarid_the_ extent to which
the City rnisht have :-vice in the affairs of such axr. authority.
MOTION: Councilman Arnold moved, seconded by Beahrs, to
refer the matter of Palo Alto's inclusion in the program to the
Planning and Procedures Committee to await a staff report on the
possible impact to the community of the program in regard to Palo
Alto.
Discussion followed concering the possible content of the staff
report concerning the types of programs, freedom of action of the
City and related subjects.
Felix Sn3ith, Midpeninsuta Citizens for Fair Housing, 866 Rorke
Way, Palo Alto, stated that participation by the City could be de-
ferred, but that he urgel support of David Reese.
The motion to refer carried by unanimous voice vote.
MOTION: Councilman Pearson moved, seconded by Debs to,
convey to Supervisor Spangler that the Council supports the
appointment of Mr. David Reese to the County Office Authority.
Discussion followed a* to the qualifications of Mr. Reese and the
possibility if other candidates being considered for the volunteer
position..
MOTION: Councilman Worthington moved, seconded by
Beahrs to continue the matter until the matter of an appointment
could be considered in executive session.
The motion carried by majority voice vote.
Mayor Dias suggested that anyone interested in the appointment
should submit a brief resume to the Council.
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3/27/67
Im leme>ntatio*� :,i Paved Parking Area Ordinance
MOTION: ION: Councilman Worthington moved, and it was duly
seconded that the staff be directed to review Ordinance No, 2274
and suggest changes by which the standards desired nouid be
maintained and at the game time the ordinance made more
acceptable to those _oncerned.
Discussion followed concerning an earlier report made by the
City Manager regarding implementation of the ordinance.
AMENDMENT: Councilman Debs moved that the staff be directed
in the study to consider barriers shall be constructed as set forth
in Ordinance No. 2274 no later than July 4, 1967. The motion
failed for lack of a seconi.
AMENDMENT: Councilman Sher moved, ilecon led by D eba," to
direct the staff to advise whether it is possible to make changes
whereby the° standards desired could be maintained and at the
same time the ordinance made more acceptable to those concerned.
Discussion followed as to what changea might be possible.
The amendment failed by majority voice vote.
The motion carried by the following roll call vote:
Ayes: Arnold, I3eahrs, Cooley, Dias, Pearson, Sher
Worthington
Noes: Comstock, Debe, Flint
Rezoning of Underdeveioped,Lands
- Cob ilmaaa Cooley moved, seconded by Flint, that
the I nning Commission be directed to study the possibility of
rezoning undeveloped acreage in the Ampex annexation for R-1 or
such other purposes as the Commission nay determine. The
coucentxation of each study should be directed generally toward
the steeper parts of the hill and the area behind the hill away from
Lilhriew+ Avenue.
AMENDMENT:- Councilman Flint moved, seconded by Debs, to
insert "P -F" after "R-1 .
Discussion followed concerning difficulties which might be en-
countered if the land of a private party were zoned "P -F" (public
facility). Councilman Flint theta withdrew his amendment.,
The motion carried unaninsotiely by voice vote.
19.
3127167
Identification of Publicationa and Advertisements
MOTION: Councilman Arnold moved, seconded by Cooley that
the Council approve a request to the City Attorney to draft two
proposed ordinances:
See 1`.-ge
150
1. that every person is guilty of a violation of thie City
ordinance who writer or causer to be written, print-
ed, posted or distributed any publication or political
advertisement which is ae-gignAted to injureor:lc
feat any candidate for nomination or election to any
public office by reflecting upon his personal char-
acter or his political action unless there appears
upon the publication or political advertisement in
a conspicuous place the name and address of the
printer and either: (a) the names and addresses of
of the chairman and secretary or the Berries and
addresses of at least two officers ; f -t'.e organization
issuing it; or (b) the name and residence address
with the street and number, if any, of some voter of
the City of Palo Alto who is responsible for it.
2. every person other than a public officer in the per-
formance of official duty is guilty of a violation of
:his ordinance who writes or causes to be written,
printed, posted or distributed any publication
�. suss or
political advertisement which is det:gned to prdsmo:e
either the passage or defeat of a treasure appearing
on the ballot at any municipal election unless there
appears upon the publication or political advertise-
ment in a conspicuous place either: (a) the names and
residence addresses of at least two officers of the
organizati-n issuing it if issued by an organization;
or (b) the name and residence address with the street
and number, if any, of any individual responsible for _ _
lt= issued by an individual or
Discussion follcrwed concerning whether or not Council approval
is needed by any councilman who wishes to have an ordinance pre-
pared and presented to the Councils
AMENDMENT: Councilman Coznatock moved that the City Attorney
be directed to provide an analysis of each of these proposed
ordinances as they apple to the State Election Code and point out
any differences which may exist.
Councilman Arnold agrees to incluele the amendment in his motion
with the consent of his second.
Discussion followed concerning possible application of such
ordinances to newspaper coverage as well as to paid political
advertising.
Identification of Publications and Advertisements (Con't)
SUBSTITUTE MOTION: Councilman Sher moved, seconded by
Pearson, to direct the City Attorney to prepare a report advising
the Council of the extent to which the proposed ordinances are
consistent or inconsistent with the State law.
The substitute motion failed on the following roll cal -vote:
Ayes: Comstock, Flint, Pearson, Sher, Worthington
Noes: Arnold, Beahrs, Cooley, Debs, Dias
The main motion then failed on the following :roll call vote:
Ayes: Arnoldpeahre, Cooley
Floes: Comstock, Debs, Dias, Flint, Pearson, Sher.
Worthington
Palo Alto -Stanford University Liaison Committee
Councilman Debs referred to the letter received by the Council
from President Sterling of Stanford University accepting the
Council's invitation to join a Palo Alto -Stanford University Liaison
Committee and referring to the meeting of such a committee as
being "informal and private".
MOTION: Councilman Deb, moved, seconded by Comstock,
that the Council instruct the Clerk that the tits -and place of the
Palo Alto -Sanford University Liaison Camzrittee meeting be
listed in the Schedule of Meetings.
MOTION: Councilman Sher moved, and it was duly seconded,
to continue the matter until the letter from President Sterling ie
on the Agenda for, the:next meeting (April 3, . 1967)
It wee explained that the latter from President Sterling had been
received too late for the March 27 agenda and it would appear on
the agenda for April 3, but was distr=ibuted early because of in-
terest displayed by some Council member*.
The motion was carried by a majority voice vote,
Quarterl Forecaster
Mayor Dias announced that she had received many favorable
comments on the QQuarterl1r Forecaster distributed by the Recrea-
tion Department and wished to express the Council's appreciation
to the Recreation Department for both the extensive program
offered to Palo Alto citizens and for the attractive publication.
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Santa Clara Count Flood Control and Water District -
re n ancisquu o ...ree
City Manager Morgan referred to the letter of March 14, re-
ceived by the Council from Donald K. Currlin, Manager -Counsel
of the Santa Clara County Flood Control and Water District con-
taining information requested by members of the Council.
John B. Lomax, 854 Miranda Green, Pale Alto, stated that in-
terested residents have tecettied infatinattori from Mr'. CurHliris
Ross Road/Oregon Avenue Intersection
MOTION: Counca,lman Comstock moved, seconded by Cooley,
to refer to the Planning and Procedures Committee the petition
concerning the closing of Ross Road at the southern entrance to
Oregon Avenue and the staff be directed to prepare a report from
the suggestions of the residents.
S. Carter Roth, 2521 Ross Road, Palo Alto, stated that the peti-
tion signers were not so much concerned with the number of cars
travel;ag on Ross Road as with their speed in a neighborhood
where there are many children.
Loren School, 2451 Ross Road, Palo Alto, stated that there are
40 children on the block between Corina and Oregon.
The motion carried by unanimous voice vote.
Conncilrnan Arnold requested that the Planning and Procedure*
Committee notify the people on Louis Road who might be concerned
if Ross Road is closed when the mattes comes before the Committee<
Rel. uia anent of Hi hwa Ri ht -of-W
orata vtston o ways
City Manager Morgan referred to the letter received from the
California Division of Highways regarding re;inqu.tsLment of
Highway right -of -moray and stated that since the Council has in-
etrunted the Clerk to acknowledge. -aesceipt of their Notice of In-
tention to Relinquish the parcel and such acknowledgement has
been made, no action is necessary at this time.
Ad, ournmcut
There being no further business the Council adjourned at 12:00
midnight.
APPROV
Mavor