HomeMy WebLinkAbout01271969City Hall
Palo Alto, California
January 27, 1969
The Council of the City of Palo Alto met on this date at 7:35 p. m.
in an adjourned ,meeting from January 24, 1969 with Mayor Arnold_
presidins.
Present: Arnold, Beahrs, Berwald, Clark, Comstock (arrived
7:40 p. m.), Dias, Gallagher, Gullixeon, Pearson,
Spaeth, Wheatley
Absent: None
Councilman Comstock
Mayor Arnold expressed the Council's concern in connection with
the January 26 bombing of Councilman Comstock's home and stated
that all possible is being done in handling this and similar recent
events which have occurred in the City, in order to eliminate such
violence.
(Councilman Corn stock arrived at 7:40 p. rn. )
Site and Design Control - 1703 Embarcadero Road
MOTION: Councilman Wheatley moved, seconded by Pearson, to
uphold the Planning Commission recommendation and approve the
application of the Carl A. l.alvick Company on behalf of Timothy D.
Sand=s at 1703 Embarcadero Road subject to the following conditions:
1. Provision shall be made for irrigating all planted
areas. If a permanent, in place, watering system is
notprovided, hose bibbs, shalt i _ _+ that
__.:v236Zs_"-Z7�. �.i3t`ated so0---that no
portion of any planted area is more than fifty feet from
one or more hose bibbs.
2. Landscaping shall be as shown on the planting plan
with two additional trees to be planted in the parking
lot and six additional trees to be interspersed in the
planting strip on the easterly side. Landscaping shall
be maintained and replaced as necessary.
3. Signs shall be substantially as shown on the approved
development plan;, shall not move, flash or be other-
wise animated artd shall be subject to the approval of
the Director of Planning and Community Development.
4. AtVows indicating traffic direction shall be ,eliminated
on the plan showing the pArking lot.
The motion carried unanimously by voice vote.
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Convention Center Study
See Page 351
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Mayor Arnold presented the Inter -City Council regarding financial
support from each city in Santa Clara County to permit an $18,000
research study in connection with the development of a convention
center in the County. Mayor Arnold stated he would report back
to the Inter -City Council that no action was taken.
Park and Recreation Buildin Use and Reg rations
MOTION: Vice Mayor Dias moved, seconded by Wheatley, the
adoption of the following ordinance:
Ordinance lead. 2484 entitled "Ordinance of the Council of the
City of Palo Alto Amending Chanper 22. 04 of the Palo Alto
Municipal Code to Be Designated "Park and Recreation Build-
ing Use and Regulations"
The ordinnce was adopted on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher,
Gullixson, Spaeth, Wheatley
Noes: Comstock, Pearson
Future Uses of Present Palo Alto Cit Hall
(i..MR:14f:9)
MOTION: Councilman Wheatley moved, seconded by Ga.11agher, to
refer the staff report on the Future Uses of the Present Palo Alto
City Hall and the citizens committee report of July 1967 on the game
subject to the Public Works Committee.
The motion carried unanimously by voice vote.
Huxman Relations Commission (CMR:144:9)
City Manager Morgan presented his report on the establishment of
a Palo Alto Human Relations Cornmission directly under the City
Council rather than as a council sponsored by the Fair Employment
Practices Commission. Mr. Morgan ins. iticated that both the sub-
stantive and procedural aspects of tH ; -:,;.rrner PAHRC have been
preserved and that the FEPC has .aeked for the transfer of juris-
diction because of their lack of staff and funds and resultant in-
ability to handle the unique PAHRC.
William Moulden, 765 Gallen, Palo Alto, representative of the Palo
Alto -Stanford NAACP, spoke in support of the proposed ordinance.
MOTION: Councilman Berwald introduced the following ordinance
and roved, seconded by Gallagher; its approval for first reading:
"Ordinance of the Council of the City cf Palo Alto Adding
Chapter 2.22 to the Palo Alto Municipal Code to be Desigaatec'.
"Human Relations Commission"
Discussion followed and City Attorney Hildebrand replied to
questions stating that the Brown Act applies to all public meetings,
and open public meetings would be required of the new Human
Relations Commission, however, certain :natters of a sensitive
nature may be considered privately as has been allowed under the
FEPC and has been done by the PAHRC: that the HRC may provide
assistance to individuals to direct their complaints or problems
to the proper agencies, but that the power of the HRC to act is
limited for various reasons, including that the City Charter pro-
vides that only the City Council shall exercise governmental or
administrative powers, (Article 11I, Section 22); and that if the
hRC is to be allowed to accept any assignments in the field of
housing, or any other field, beyond that which is specifically stated
in the proposed ordinance, then that intent must be made clear by
City Council assignment at a later date assuming it is in an area
where the HRC may operate.
The ordinance was approved unanimously by voice vote.
General Municipal Election
MOTION: Councilman Spaeth introduced the following resolution
and moved, seconded by Gallagher, its adoption:
Resolution No. 4201 entitled "Resolution of the Council of the
City of Palo Alto Requesting the Board of Supervisors of the
County of Santa Clara to Permit the Registrar of Voters to
Assist the City Clerk in the Conduct of the General Municipal
Election and Any Special Election to be Held :gin May 13, 1969"
The resolution was adopted unanimously by voice vote.
MOTIF: Councilman Spaeth moved, seconded by 13eahrs, that
the use of Votornatic equipment be authorized in connection with
the May 13,-1969 G n eral Municipal Election at an additional cost
estimated to be $1, SOO.
The motion carried unanimously by voice vote.
MOTION': Councilman Spaeth moved, seconded by Berwald, that
the City of Palo Alto bear the cost of printing and distributing the
Candidate's Statement of Qualifications for the May 13, 1969
General Municipal Election.
AMENDMENT: Councilman Gallagher moved, seconded by. Pearson,
that "for the May 13, 1969 general municipal election" be deleted
with the intent that the cost of such Statements will be borne by
the City of Palo Alto in all future elections.
The amendment carried unanimously by voice vote.
The motion as amendedcarried unanimously by voice vote.
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Paths and Trails
See Page 351
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Councilman Wheatley reported that no action is required on the
Public Works Committee recommendation that the policy of a
trail system from the Foothills to the Bay be implemented and,
specifically, that sidewalks or paths be included on both sides of
Page Mill Road between El Camino Real and Foothill Boulevard
:ri the City/County Agreement.
MOTION: Councilman Wheatley :roved, on behalf of the Public
Works Committee, that the staff investigate the precise routing
between Amherst and the intersection of Foothill .Expressway and
Page Mill Road for a bicycle route.
The motion carried unanimously by voice vote.
MOTION: Councilman Wheatley moved, on behalf of the Public
Works Committee, that an additional pedestrian/bicycle pathway
be established, the basic configuration to be as recommended by
the Page Mill Coordinating Committee (referred to in their report
as "interirn pathway" from Alma Street to Page Mill/ El Camino),
and that improvements be made in the Mayfield pedestrian under-
pass to accommodate bicycles, the route to be continued along
Page Mill to the intersection at Foothills Expressway and that
the bicycle route not follow Page Mill Road between High Street
and El Camino Real.
AMENDMENT: Councilman Wheatley moved, seconded by Berwald,
that staff also investigate the feasibility and cost of making im-
provements in the Mayfield underpass for pedestrians.
The amendment carried unanimously by yaice vote.
The motion as amended carried unanimously by voice vote.
P -C Dea,elo nent - Service Station - 4201 Middlefield Road
MOTION: Councilman Spaeth introduced the following resolution
and moved, duly seconded, its adoption including the conditions
stated in the Planning Commission recommendation:
Rcgoly;ion Jam, 204 entitled "Resolution of the Council of
the City of Palo'Alto Changing the P -C Development Plan
Approved by Ordinance No. 156v Applying to the Property
Known as 4201 Middlefield Road"
(NOTE: Conditions are as follows:
1. Structures, landscaping and signs shall be substantially
as shown on the plan with the exception that the pump
island canopy shall be set back twelve (12) feet from
San Antonio Avenue.
. • Lighting shall be designed and installed so as not to cause
distraction or hazard to vehicular traffic.
3. All operations shall be conducted •within an enclosed build-
ing except servicing vehicles with gas, oil, air and water.
4. The development sc;: edule shall be as follows:
(a) Start of construction within six (6) months of Council
approval.
(h) Completion of all construction and developm ent with-
in one year of Council approval.
5. Signs be approved as indicated in the plans provided they
do not exceed the requirements of the Palo Alto Sign Or-
dinance as applying to service stations in general at the
time the Use Permit is issued)
Councilman Berwald stated that he will neither participate in the
discussion nor vote on the adoption of the proposed resolution.
The resolution was adopted unanimously, Councilman Berwald ab-
staining.
Subdivision - 4237 Manuela Avenue
MOTION: Vice Mayor Dias rnoved, seconded by Pearson , to up-
hold the Planning Corramission recommendation and deny the Tenta-
tive Subdivision Map submitted by owners and subdividers in regard
to property known as 4237 Manuela Avenue, being a portion of Lot 6,
Mesa Tract, Rancho La Purissima Concepcion
The motion carried unanimously by voice vote.
Naming of Alleys
MOTION: Councilman Clark moved, seconded by Pearson, that
aileyS be --named provided that the formal nanne included t}ie word
"alley" or "lane" 5o that the nature of the public way will not be
misconstrued and provided that addressing of locations not be per-
mitted on an alley.
AMENDMENT: Councilman Clark moved, secondedbyPearson, to
delete "be" and substitute "may be".
MOTION: Councilman Comstock moved, seconded by Gallagher, to
hear from the public although there is a motion before the Council.
The motion carried unanimously by voice vote.
Ellis Jacobs, 445 Cambridge, Director of the California Avenue
Area Development Association, urged that alleys be named and alley
addresses be permitted.
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See Page 351
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Discussion followed and City Manager Morgan responded to ques-
tions concerning whether or not any purpose is served in naming
alleys, City standards and Council policy relating to buildings
facing public streets in regard to setbacks, etc. , and whether or
not the police or fire departments encounter any difficulties in
locating buildings.
MOTION WITHDRAWN: Councilman Clark, with the consent of his
second, withdrew his amendment.
SUBSTITUTE MOTION: Councilman Clark moved, seconded by
Pearson, that alleys be named.
The substitute motion carried by majority voice vote.
Councilman Clark then stated that, since the alley names recom-
mended by the Public Facilities Naming Committee had been ap-
proved, but actual naming had been held up pending this recom-
mendation of the Planning Commission, and therefore, the alleys
are to be named as previously approved.
(Sedro Lane The alley which runs parallel to El Camino Real.
from College Avenue across Cambridge Avenue, to the ex-
isting New Mayfield Lane.
Peral Lane - The alley which runs parallel to El Camino Real
between California and Sherman Avenues.
Jacaranda Lane - The alley which runs frorn Peral Lane to
Park Boulevard, parallel to and between California and
Sherman Avenues.
Mimosa Lane - The alley which rune from Cambridge to
California Avenue, across the existing New Mayfield Lane.
No a1 Lane -- The short alley at the end of New Mayfield Lane,
which rune from New Mayfield Lane to Cambridge Avenue.)
-.Bay cortserva►tion and !De% eloptnent Commission
MOTION: Cauncilrnan Berwald moved, seconded by Comstock,
that the City Attorney be instructed to prepare a `euitable resolution
supporting the extensionof the Bay Conservation and Developrnent
Cou mission and giving support regarding the closest possible co-
ordination and cooperation in federal and state title searches of
submerged -,aylands.
The motion carried unanimously by voice vote.
Communication in the Conzmuaity
s- l.rwls�n .xw�iw s..w.rrir .r.�..
Mayor Arnold asked approval to consider the item regarding im-
provement of communication in the comsuuiity and the item re-
questing referral to the Plaaning and Procedures Committee of
the interpretation of Section 2.04, 050 of the Municipal Code to-
gether at this time. There were no objections.
MOTION: Councilman Berwald moved, and it was duly seconded,
to continue both items until the Council meeting of February 17, 1969.
MOTION: Councilman Peareon moved, seconded by Comstock,
that both items be referred to the Planning and Procedures Com-
mittee along with the Citizens Advisory Committee on Public In-
formation Report of June 1964 which is to serve as source infor-
mation.
The discussion followed concerning previous consideration of -
amendment to the Procedural Code in 1967.
The motion to refer failed on the fciiowing roll call vote:
Ayes: Comstock, Guliixson, Pearson
Noes: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher,
Spaeth, Wheatley
The motion to continue carried by majority voice vote. Council-
man Pearson asked to be recorded as voting "NotQ
At the request of Councilman Clark, City Clerk Flamm i.dvised
the Council that committee minutes covering the 1967 review of
the Procedural Code would be copied and distributed to Council
members for their review in advance of the February 17, 1969
meeting.
Sound Measurement
MOTION: Councilman Berwald moved, and it was duly seconded,
that staff be instructed to continue studies leading to development
of the best possible and most precise criteria and measurements
for determining standards to ameliorate objectionable and excessive
_noise levele--withiet -Tile Cit -- - - -
Discussion followed concerning staff efforts in the sound mea-
surement field and the considerable work undertaken by the staff
at the State level to attempt to develop valid and reliable sound
measurement devices.
The motion carried by majority voice vote.
Zonis Chan ee
Councilman Spaeth stated that with regard to the following matters
coring, before the Planning Commission which will be referred
to the City Council, he will neither participate in any discussion
nor vote concerning: (1) the application of Chancing House for
a change of district; (2) the application of American Retirement
Associates, Inc. for a change of district; and (3) the application
of the Palo Alto Medical Research Foundation for a change of dis-
trict.
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Councilman Clark stated that with regard to both the Charming
House and Palo Alto Medical Reaearch Foundation applications
for change of district, he will neither part`cipato in any public or
private discussion nor vote on either matter.
Low Income Housing
MOTION: Vice Mayor Dias moved, seconded by Berwald, to con-
sider at this time the three items on the Agenda for the regular
meeting of Jaraary 27, 1969 relating to lcvr income housing.
Mayor Arnold advised that a majority vote is necessary to consider
an item not on the Agenda before the Council.
The motion carried by majority voice vote.
MOTION: Vice Mayor Dias moved, seconded by Be: hrs, that the
Public Works Committee work with the staff to draw up a:t appro-
priate ballot wording with regard to City participation in low cost
housing projects, to be returned to Co'tncil in order to qualify for
the May 13, 1969 General Municipal Election ballot.
AMENDMENT: Councilman Spaeth moved, seconded by Guliixson,
to delete the direction regarding ballot wording and request a com-
prehensive study.
AMENDMENT WITHDRAWN: Upon advice of Mayor Arnold that
the general subject of a study is before the Public Works Committee,
Councilman Spaeth, with the consent of his second, withdrew his
amendment.
AMENDMENT: Councilman Spaeth moved, seconded by G ullixson,
to delete "in order to qualify for the May 13, 1969 General Municipal
Election ballot".
The amendment carried by majority _ma " voice 'ote.
"
AMENDMENT: Councilman Wheatley 'moved, seconded by Spaeth,
that the Public Works Committee examine and clarify the basic
policy issues with the objective of preparing a proposal for consid-
eration by the Council for the ballot and subsequently by the Palo
A.tto citizens.
CHANGE OF AMENDMENT: Councilman Wheatley, with the consent
of his second, withdrew for the ballot and subsequently by the Palo
Alto citizens" from hie amendment.
SUBSTITUTE MOTION At the suggestion of Councilman Spaeth,
Mayor Arnold ruled that the amendment before the Council is a
substitute motion.
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AMENDMENT TO SUBSTITUTE MOTION: Vice Mayor Dias moved,
Seconded by Gallagher, to add "and possible subsequent action by
the Palo Alto citizens".
The amendment to the substitute motion carried by majority voice
vote.
The substitute motion as amended carried unanimously by voice
vote.
MOTION: Vice Mayor Dias moved, seconded by Beahrs, that the
Public Works Committee study the question of renegotiation of the
Corporation Yard lease with Stanford in light of Stanford's consid-
ered desires in the development cf the property.
Councilman Gallagher stated that he will neither participate in the
discussion no- vote concerning the motion.
The motion carried by majority voice vote, Councilman Gallagher
abstaining.
MOTION: Vice Mayor Dias moved, seconded by Berwald, that a
letter by the Mayor be directed to the Stanford Study Committee on
Low Cost Housing Needs requesting that the Committee give consi-
deration to development of low cost housing in the Stanford Indus-
trial Park.
Discussion followed concerning the propriety of offering advice to
Stanford's committee and their letters to the Council concerning
development of the Corporation Yard site.
The motion carried by majority voice vote. Mayor Arnold and
Councilman Pearson asked to be recorded as voting "No".
Communications
See Page 351
Robert J. Debs, 3145 Flowers Lane, Palo Alto, urged
that ehe public be, heard on the two items regarding com-
munications which were continued to the Agenda of February 27,
1969. Mayor Arnold advised that the public would be heard
in accordance with usual Council procedure relating to
all Agenda items. In regard to Mr. Deb.' inquiry regard-
ing the Public Works Comrnittee'a study of the question of
renegotiation of the Corporation Yard lease with Stanford,
he was advised that in accordance with the Procedural
Code, the Committee would study the feasibility of re-
negotiating the lease then nuke its recommendation to the
Council who must make the decision and, if necessary,
deal with Stanford. Mr. Dens was also advised that cer-
tain aspects of contract discussion may be held in executive
sesaion.
Bob Cutlenbine, 2875 Ramona, Palo Alto, urged suff.i.cient
amounts of money and effort be spent to insure apprehension
of those reponsibile for the recent bombings in Palo Alto.
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Larry Soil, suggested the entire budget for the Diamond
Anniversary celebration be rescinded and the money be
placedat the the disposal of the police to investigate the
bombings in Palo A'to.
Vic Lovell, 55 Horner, Menlo Park, urged terrorism be
stopped.
Ad journrn
MOTION: Vice Mayor Dias moved, and it was c my seconded, to
adjourn.
The motion carried unanimously by voice vote.
The Council adjourned a, 10:12 p. m.
******************** ********** *
The Council of the City of Palo Alto met on this date in a regular
meeting at 10:30 p.m. with Mayor Arnold presiding.
Present: Arnold., I3eahrs, Berwald, Clark, Comstock (ar-
rived 10:35 p.m.), Dias, Gallagher, Gullixson,
Pearson, Spaeth (arrived 10:35 p. m.), Wheatley
Absent: None
Approval of Minutes
Councilman Gullixson asked that on line 12, page 317 of the Council
Minutes of January 13, 1969 "root" be changed to "no". There
were no objections.
The Minutes ofthe Council meetin�anf__Tan ar_j_1 i 1 QM)
proved as corrected.
Stafford Industrial Park Project No. 68-83
IC 8:116:4)
Mayor Arnold opened the public hearings on Stanford Industrial
Park Underground Utilities Conversion Project No. 68-83, noting
that three separate hearings are being held at the same time deal-
ing with the project: (1) Hearing on the question of whether the
public convenience and necessity require the proposed acquisitions
and improvements; (2) Hearing on the Engineer's Report pre-
pared purauant to Resolution No. 4183 which is on file in the Office
of the City Clerk; ant (3) Hearing on the question of forming Under-
fround Utility District No. 11.
City Clerk Klamm reported that affidavits of publication, posting
and retailing and as to filing of boundary map and mailing notice of
hearing on the underground district are on file in the City Clerk's
Oliice.
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Councilman Wheatley advised for the record that he is a lessee of
property in the Stanford Industrial Park and has been advised he
may participate and vote concerning the proposed project.
City Manager Morgan described the project and anticipated costs.
City Engineer Witbeck described the assessment spread, filed the
Engineer's Report and advised that in his opinion all of the property
within the boundaries of the assessment district will be benefited -
by the proposed improvements;, and the area assessment formula
has resulted in a distribution of the assessment in proportion to
benefits.
Bond Counsel Jones read from letters which were not protests and
responded to questions from W. H. Voorhies and the Preform Line
Products Company.
Chief Engineer Bosza of the Light and Power Department also re-
plied to questions contained in the letters.
City Clerk Klamrn stated that no written protests of the project had
been received.
Mr. Rosen, San Francisco Water Department, Peninsula Division,
protested that his organization does not anticipate any benefits to
their property and objected to the assessment,
R. F. Sullivan, Preformed Line Products Company, 600 Hansen Way,
Palo Alto, suggested that not all utilities be undergrounded.
Mayor Arnold declared the hearings closed and stated the percentage
of protest report indicates no protests have been filed.
MOTION: Mayor Arnold introduced the following resolution and
moved, seconded by Dias, -its adoption: --
Resolution No. 4203 entitled "A Resolution Determining to
tdertake Proceedings Pursuant to the Palo Alto'Municipai
Code for the Acquisition and Construction of Improvements
Without Proceedings Under Division 4 of the Streets and High-
ways Code"
The resolution was adopted unanimously by voice vote.
MOTION: Mayor Arnold introduced the following resolution and
moved, seconded by Dias, its adoption:
Reto���'��_a 4 entitled "A R*.ution Overruling Protests
on Reso cation No. 4183 of Preliminary Determination and of
Intention"
The resolution was adopted unanimously by voice vote.
'1
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MOTION: Mayor Arnold introduced the following resolution and
moved, seconded by Dias, its adoption:
Resolution No. 4205 entitled "A Resolution Determining Con-
venience and Necessity, Adopting Engineer's Report, Confirm-
ing Assessment arid Ordering Work and Acquisitions"
The resolution was approved unanimously by voice vote.
MOTION: Vice Mayor Dias introduced the following ordinance and
moved, seconded by Beahrs, ita approval for first reading:
'Ordinance Amending Section 12. 16. 020 of Chapter 12.16 of
Title 12 of the Palo Alto Municipal Code by Establishing Under-
ground Utility District No. 11"
The ordinance was approved for first reading unanimously by voice
vote.
Hearin -Yellow Cab Company
Mayor Arnold declared the hearing opera concerning the issuance of
a new Certificate of Public Convenience and Necessity to the new
owner of the Yellow Cab Company.
Worth Prine, Yellow Cab Company, Palo Alto, spoke in support
of granting the new Certificate.
MOTION: Councilman Spaeth moved seconded by Beahrs, that
a new Certificate of Public Convenience and Necessity be issued
to reflect that as of January 1, 1969, John P. Demeter became the
sole owner of the Yellow Cab Company now operating 30 taxicabs
in the City of Palo Alto.
The motion carried emanimously by voice vote.
Recall Ballot Form
MOTION: Councilman Berwaid moved that the item relating to
the recall ballot form be considered out of order at this time.
The motion failed for lack of a second.
Adjournment
MOTION: Councilman Wheatley moved, and it was duly seconded,
to adjourn to 7:30 p, rn. on Monday, February 3, 1969.
The motion carried unanimously by voice vote.
The Council adjourned at 11:00 p. m.
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