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HomeMy WebLinkAbout01131969City Hall Palo Alto, California January 13, 1969 The Council of the City of Palo Alto met on this date at 7:30 p, m. in an adjourned meeting from December 16 with Mayor Arnold presiding. Present: Arnold, Berwald, Clark, Comstock, Dias, Gallagher, Gultixson, Pearson Absent:. Beahrs, Spaeth, Wheatley Resolution re Contributions and Services of Raymon3L7FTe Mayor Arnold requested that the Council consider at this time the item on the regular Agenda for January 6, 1969 relating to the valuable contributions and services of Raymond L. Fleming who has served as a member of the Palo Alto Human Relations Council. There were no objections. MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Comstock, its adoption: Resolution No. 4194 entitled: "Resolution of the Council of the City of Palo Alto Acknowledg- ing the Valuable Contributions and Services of Raymond L. Fleming while Serving as a Member of the Palo Alto Human Relations Council. " The resolution was read in full and adopted unanimously by voice vote. Sian Ordinance - Height and Area of Free STanding Signs Thomas Jordan, 716 Holly Oak, Palo Alto, President of the Com- mittee for Green Foothills, spoke in support of elimination of flashing and moving signs and of limiting height and area of free- standing signs. Mrs. Eleanor Aoushey, Portola Valley, representing the Califor- nia Roadside Council, spoke in support of sign control and smaller signs. William Anderson, Jr. , attorney representing Rickey's Hyatt House, opposed more sign restrictions and spoke in support of the Palo Alto Chamber of Commerce recommendations regarding moving signs. 3 1 3., 1/13/69 Virgil McNab, representing Western Oil/Gas, spoke in support of the present sign ordinance and of the recommendations of the Palo Alto Chamber of Commerce regarding moving signs. James Wilmer, 1317 Forest, Palo Alto, spoke in support of the present sign ordinance, but urged that provision be made to allow specific "landmark" signs such as the one at "Dinah's" to remain. MOTION: Councilman Clark moved, on behalf of the Planning and Procedures Committee, that the height and area of free - standing signs be set to a maximum of 17 feet in height and 45 square feet in area with amortization of non -conforming signs :wee a__period of ten years from date of ordinance becoming ef- fective; further, that attachment to ordinance relating to height and area of free-standing signs be revised to reflect the Planning Department drawing of May 13, 1968 - The motion failed on the following roll call vote: Ayes: Berwald, Comstock, Pearson Noes: Arnold, Clark, Dias, Gallagher, Gullixson Sign Ordinance - Flashing and Moving Signs MOTION: Councilman Clark moved, on behalf of the Planning and Procedures Committee, that the sign ordinance be revised to add prohibition of flashing and moving signs and that for the purpose of handling non -conforming signs the amortization period of ten years be established. AMENDMENT: Councilman Gullixson moved, seconded by Berwald, that moving signs be permitted but that the rotation is not to ex- ceed ten revolutions per minute. at -*ham teue t- -cif Vice Mayor Dias, Mayor Arnold ruled that the main ;nation would be divided. MOTION: Mayor Arnold moved, Seconded by Berwald, to hear from the public although there is a motion before the Council. The motion carried unanimously by voice vote. Paul Grirnard, Palo Alto, requested clarifi „ation in regard to moving signs which include revolving signs with tenses that flash. The amendment carried on the following roll call vote: Ayes: Berwald, Clark, Dias, Gallagher, Gullixson Noes: Arnold, Comstock, Pearson 314 1/13/69 AMENDMENT: Councilman Berwald moved, seconded by Gullixson; that "moving" signs refer to those signs that rotate horizontally. The amendment failed on the following tie roll call vote: Ayes: Berwald, Clark, Dias, Gullixson Noes: Arnold, Comstock, Gallagher, Pearson SUBSTITUTE MOTION: Vice Mayor Dias moved, seconded by Berwald, in regard to the first part of the main motion to provide that all moving signs be prohibited except those moving signs which rotate at not to exceed ten revolutions per minute. The substitute motion on the first part of the main motion then carried on the following roll call vote: Ayes: Noes: Arnold, Berwald, Dias, Gallagher, Gullixson Clark, Comstock, Pearson The second part of the main motion referring to a proposed ordi- nance provision to prohibit flashing signs then carried by majority voice vote. AMENDMENT: Councilman Comstock moved, seconded by Berwald, that in ¢he third part of the main motion referring to amortization period for non -conforming sign, that the proposed ordinance limit- ing moving signs to those shat rotate at speed not to exceed ten revolutions per minute and prohibiting flashing signs be referred to staff for recommendations regarding appropriate amortization time., The amendment carried unanimously by voice vote. Charter Review Cornrnittee Report -Article VIII MOTION: Mayor Arnold moved, and it was -duly -seconded, ,,to con- - -time-- considerati-on of the report of the Charter Review Committee regarding Article VIII o: the Charter for two weeks (January 27, 1969) for the purpose of allowing Councilman Pearson to give the Council her views in writing. The motion carried unanimously by voice vote. School Activities it Residential Areas MOTION: Councilman Comstock moved, seconded by Pearson, to request a staff report to answer the following. questions: (1) Is it the opinion of the City staff that the present operation of the Mid- Peninsula Free University classes constitute a violation of the Zoning Ordinance?: and (2) What is the opinion or position of the City staff concerning activities such as piano lessons, art classes, etc. that are frequentl • conducted in residential areas for hire? The motion failed by majority voice vote. 41 5 1/13/69 Oral Communications Mrs. Nonette Hanko, Emerson Street, Palo Alto, requested that the letter from Councilman Pearson regarding Article VIII of the Charter be placed in the library packets. In response to Mayor Arnold's question as to whether there were any objections, Council- man Berwald rerninded the Council that on previous occasions the Council had denied similar requests. Gerald Ferrari, attorney representing Tan Construction Company, in connection with the Miscellaneous Streets Project No. 67-3 re- quested permission to give his client's view on a portion of that proposed assessment district since he was not present at the pub- lic hearing held on December 16, 1968. Bond Counsel Jonec ad- vised that the public hearing had been properly advertised, had been held and has. been closed, and it would not be proper to hear any remarks on the subject at this time. Mr. Jones advised also that Mr. Ferrari may write his views to the Council, but they could not be considered art of the record. Adjournment There being no further business, the Council meeting of December 16, 1968 adjourned at 9:16 p. m. *** The Council of the City of Palo Alto met on this date in a regular meeting of January 6, 1969, at 9:30 p. rn. with Mayor Arnold pre siding. Present: Arnold, Berwald, Clark, Comstock, Dias, Gallagher, Gultixson, Pearson Absent: Beahrs, Spaeth, Wheatley Approval of Mirnufe Mayor Arnold asked that in response to request from staff that the Minutes more accurately reflect the action taken, that the motion on page 303 of the Minutes of December 16, 1968 be changed to read as follows: "to approve the extension of contract with Peninsula Transit Lines including the limit on the subsidy set forth in City Manager's Report 123:9 and that the Mayor be authorized to execute the amend- ment to the contract. " There were no objections. The Minutes of December 16, 190 were then approved as changed. 316 1/13/69 Miscellaneous Streets Project No. 67-3 Councilman Berwald requested permission to consider the first item on the Agenda for the regular meeting of January 13, 1969 relating to the Miscellaneous Streets Project No. 67-3. There were no objections. MOTION: Councilman Berwald moved, and it was duly seconded, to continue consideration of the Miscellaneous Streets Project No. 67-3 until January 20, 1969. The motion carried unanimously by voice vote. Expressway Landscapin . Councilman Clark reported, on behalf of the Planning and Proce- dures Committee, that no action in regard to expressway land- - l scaling, is necessary at this time. Oregon /Pape Mill Expressway Ayr eemert MOTION: Mayor Arnold rnoved, seconded by Pearson, to consi- der item No. 11 also relating to the Oregon/Page Mill Expressway at the same time as the proposed Agreement with the County. The rnotior. carried unanimously by voice vot. Planning Commission Chairman Norton presented the Planning Commission recommendations in regard to the expressway agree- ment. James Pott, Santa Clara County Director of Public Works, de- scribed the proposed Oregon/Page Mill Expressway Agreement and responded to questions from the Council concerning the pro- ject schedule, whether or not a right -turn channel on to El Camino from Oregon is essential, whether_ poeaible_niternative -exist and their desirability, the need for acquiring the Irish Cottage and Stanford Drive In properties at this lime, whether or not potential hazards exist if either or both of the two businesses were permitted to continue on their present site with only a partial acquisition at this time, future property acquisitions for the ultimate phase of the expressway project, the necessity of property insulating pedes- trian and bicycle trails from traffic and vice versa, and on details of the agreement itself, including possible future modifications of the expressway plan. In response to question, City Attorney f Ldebrand advised that the essence of such as agreement as that proposed between Santa Clara County and Palo Alto in regard to the expressway plan is that both parties. are committed to a project to which each can hold the other, and that any "hedge clause" permitting the City to have the final word would make the agreement illusory and make it apparent to the State that the parties had not reached an agree- ment. 317 1/13/69 In response to question, City Manager Morgan advised that side- walks on Page Mill Road would be a City responsibility and would involve an assessment district. MOTION: Vice Mayor Dias moved, and it was duly seconded, to accept the Oregon/Page Mill Expressway Agreement subject to any Council recommendations and that the agreement be trans- mitted to Santa Clara County for their approval and at the same time by the City of Palo Alto, and that the Mayor be authorized to sign and execute the agreement on behalf of the City. MOTION: Councilman Berwald moved, seconded by Pearson, to hear from the public although there is a motion before the Council. The motion to hear -from the public carried by majority voice vote. Mrs. Elizabeth Mohan, owner of the Irish Cottage at El Camino Real and Oregon Avenue, asked that her property and that of the Stanford Drive In not be acquired at this time. AMENDMENT: Councilman Comstock moved, seconded by Dias, that the proposed agreement include approving an exhibit to de- lineate the County and the City responsibilities as outlined by the City Manager. The amendment carried unanimously by voice vote. AMF'NDMENT: Councilman Comstock moved, seconded by Berwald, that with reference to the ultimate phase of the agreement, the following recommendations of the Planning Commission be trans- n3itted to the County: (1) Signalization provide unobstructed pedestrian cross- ing at El Camino Real unless other means are devised for moving pedestrian traffic at this point; (2) In the area between El Camino Real and Birch Street on the north side of the north frontage road, adequate space be provided within the existing right-of-way for a sidewalk and landscaping; and (3) Consideration be given to redesign of the merging of traffic from Park Boulevard onto Page Mill Road. At the request of Councilman. Gallagher, Mayor Arnold ruled that the amendment would be divided for the purpose of voting separately on each part. Part (1) of the proposed amendment carried unanimously by voice vote. 318 1/13/69 .. ........ 1 Part (2) of the proposed amendment -.ailed on the following tie roll call vote: Ayes: Berwaid, Comstock, Gullixson, Pearson Noes: Arnold, Clark, Dias, Gallagher Part (3) of the proposed amendment carried by majority voice vote. AMENDMENT: Councilman Berwald moved, seconded by Comstock, that in the ultimate phase, in the area on the northwest corner of El Camino Real and Page Mill Road, provision be made for landscaping in addition to sidewalks similar to the landscaping shown on the model of the southwest corner. CHANGE OF AMENDMENT: Upon advice of Mr. Morgan and Mr. Pott that the landscaping shown on the model is the artist's rendition of the private property on the southwest corner, Council- man Berwaid, with the consent of his second, changed his amend- ment to that provision be made for attractive and adequate land- scaping along the nor-tl-west and southwest corners of the El Camino Real/ Page Mill Road interchange. 'rhe amendment as changed carried unanimously by voice vote. AMENDMENT: Councilman Comstock moved, seconded by Berwald, that the following Planning Commission recommendations he in- cluded in the irterini phase of the expressway agreement: (1) The County be requested to incorporate a push but- ton pedestrian signal at -Foothill Expressway and Page Mill Road to facilitate pedestrian and bicycle Crossing; (2) The County by requested _ d - .7T but— ton - . __.�v--: cc�:a.�3iZSi-iL3incorporate - ton pedestrian signal at El Camino Real and -Page Mill Road to facilitate pedestrian and bicycle cross- _ ing; and (3) The policy of a trail system from the Foothills to the Bay be implemented and, specifically, that side- walks or paths be included on both sides of Page Mill Road between El Camino Real and Foothill Ex- pressway. The amendment carried uninirnousiy be voice vote. AMENDMENT: Councilman Comstock moved, seconded by Berwald, that the interim phase pan exhibit be amended to delete provisions for a right -turn lane arid to delete provision for acquisition of the two northeast corner properties required for the right -turn lane. 319 1/13/69 In response to Councilman Clark's request for traffic engineer- ing opinion, Mr. Morgan advised that the City staff engineers, the County engineers and the traffic consultant, De Leuw, Gather, all favor a right -turn channel lane at the northeast corner of E1 Camino Real and Oregon Avenue. The amendment failed by majority voice vote. AMENDMENT: Councilman Berwald moved, seconded by Comstock, to defer construction of a right -turn lane for a period of three years. AME' JDMENT TO THE AMENDMENT: Councilman Comstock moved that the construction be deferred until the initiation of con- struction of the ultimate phase of the agreement. The amendment to the amendment failed for tack of a second. MOTION: Councilman Pearson moved, seconded by Comstock, tc, ask the public to speak on the amendment. The motion failed on the following tie roll call vote: Ayes: Berwald, Clark, Comstock, Pearson Noes: Arnold, Dias, Gallagher, Gullixson The Council then voted as follows on the amendment: Ayes: Arnold, Ilex Wald, Clark, Comstock, Gullixson, Pearson Noes: Dias, Gallagher Before announcing the vote, Mayor Arnold stated that there had - been some confusion as to the matter before the Council when the votp____was __taken Anti requested ,another vote, noting that the matter before the Council is Councilman Berwald's-aine tdment to deer______ construction of a right -turn lane for three years. The amendment failed on the following roll call vote: Ayes: Berwald, Comstock, Pearson Noes: Arnold, Clark, Dias, Gallagher, Gullixson The main motion as amended then carried on the following roll call vote: Ayes: Arnold, Berwald, Clark, Dias, Gallagher, Gullixson Noes: 320 1/13/69 Comstock, Pearson Service Station Development Plan - 4ZIII M tddIettera- Road Subdivision Map - 4237 Manuela Avenue Naming of Alleys MOTION: Mayor Arnold moved, seconded by Pearson, to con- tinue until the next meeting (January 20, 1969) the Planning Com- mission recommendations regarding the service station develop- ment plan, the tentative subdivision map for 4237 Manuela Avenue and policy relating to naming of alleys. The motion carried by majority voice vote. Palo Alto Airport - Fifth Stage Construction (CMR:133:9) MOTION: Vice Mayor Dias moved, and it was duly seconded, to approve the fifth stage construction of the Palo Alto Airport. in- cluding fill for the second runway and apron pe,ving in two areas which is in conformance with the revised master plan adopted by the Council on October 7, 1968 and the development concepts approved by the Council on October 28, 1968. 1%/1OTION: Councilman Comstock moved, seconded by Pearson, to ask James Pott, Santa Clara County Director of Public Works to respond to questions. The motion carried unanimously by voice vote. Mr. Pott replied to questions concerning details regarding fill plans, The motion the carried unanimously by voice vote. Sidewalk Re • - it Contract 1968-69 MOTION: Councilman Comstock moved, and it was duly seconded to accept the City Manager's recommendation and reiect the bids received for 1968-69 sidewalk repair and authorize the staff to re -advertise for new bids. The motion carried unanimously by voice vote. 1969 Weed MOTION: Councilman Comstock moved, seconded by Gallagher, that in regard to the 1969 Weed Abatement Program to award a contract in the amount of $14,972.50 to Nu Lawn Chemical Co. for items 1 throught 13 and items 16 tbrought 18 of Schedule A; and to award a contract in the amount of $6, 888. 56 to Plant Gra Corporation for items 12A, 128 and 13 of Schedule 8. The motion carried unanimously by voice vote. 32 1 1/13/69 Yellow Cab Company (CMR:130:9) MOTION: Councilman Gallagher moved, seconded by Dias, to set the- ;ea ring on the Yellow Cab Company change of ownership and Certificate of Public Convenience and Necessity for Monday, January 27, 1969 at 7:30 p. m. The motion carried unanimously by voice vote. Trails - Page Mill Road MOTION: Councilman Gallagher moved, seconded by Pearson, to continue consideration of the Public Works Committee recom- mendations regarding a trail system in the foothills, although other aspects of the Committee recommendation were considered along with the Oregon/Page Mill expressway agreement. The motion carried by majority voice vote. 1itanford Industrial Park Under round utiiity75iirrict No.II-__ MOTION: Mayor. Arnold moved, seconded by Cornstock, to con- sider at this time the second item on the Agenda for January 13, 1969 regarding the hearing on Stanford Industrial Park Underground Utility District No. 11 The motion carried unanimously by voice vote. MOTION: Mayor Arnold moved, seconded by Comstock, to con- tinue the hearing on Stanford Industrial Park Underground Utility Di strict No. 11 until January 27, 1969 at which time the hearing on the work. for this project has been set. The motion carried unanimously by voice -vote; -- Report of Traffic Consultant MOTION: Councilman Clark moved, and it was duly seconded, to refer the interim report regarding immediate action improvement recommendations of the traffic consultant. De Leuw, Cattier, to the Planning and Procedures Committee for consideration at their meeting on Tuesday, January 14, 1969. The motion carried unanimously by voice vote. Adjournment There being no further business, the Council meeting of January 6. 1969 was adjourned ' at 12::0 a. m.. 2 2 1/13/