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HomeMy WebLinkAbout12061965City Hall Palo Alto, California December 6, 1965 The Council of the City of Palo Alto met on this date it. a regular meeting which had been rescheduled to this date. Mayoe Arnold convened the meeting at 7:33 p.m. Present: Arnold, Beahrs, Comstock, Cooley, Debe, Dias, Flint, Pearson, Rohr', Rus (7:34 p.m.), Sher, Woodward (8:0Z p. rn, } and Worthington, Absent: None. Minutes of November 22, 1965 INIIIMMOOM Vice Mayor Debs called attention to the first paraer h ;;u page 46 under the title "Capital Improver/lent Fund Expenditures" and re- u=o 4 the following insertion at the end of the first sentence: "He reported on behalf of the committee that no recommendation was being made." The Vice Mayor also requested including the word "then" after the word "He" at the beginning of the second nen- tenet in the same paragraph. Councilman Sher requester the addition of the following words in the third paragraph on page 49, at the end of the first sentence: "for their use in soliciting expressions of interest by consultants who would like to be considered for the job." In the first paragraph on page 51, Councilma.nSher Nuttiest -all the fell w:ir; .___ l_ L_ delcieni; property subject to leases would endanger the rights of the lessee" and substitution of the words "whether dedication, subject to the lease of property leased to the City, would in any way endan- `ger the rights of the lesson." Councilman Flint called attention to the title "Council Policy" on page 64.and requested the addition of the following words to the title: "on Acquisition of Private Property." Vice Mayor Dabs requested substitution of the word "Mayor" for "Council" on page 57, line 10. Councilman anus moved, seconded by Beahrs, that the suggesisd corrections to the minutes be submitted to the Council for their approval at the next Council meeting, The motion lost on the fol- lowing roll call vote: Ayes: Beahrs, Flint, Rus. Noes: Arnold, Comstock, Cooley, Debs, Dias,- Pearson, Rohrs, Sher, Worthington. On motion made, seconded, and carried on a majority voice vote, the rninutes as amended were approved as distributed. 63 12/6/65 Council Procedure Assaszcomminememorasmism Councilman Comstock, as -Chairman of the Committee on Planning and Procedures, reported that the committee reviewed the Agenda as part of their study of legislative procedures (see committee minutes of November 23, 1965) and wished to recommend a change, on a trial basic., in the format of the Agenda. He moved, seconded by Flint, that Oral Communications be advanced to follow Special Ordersof the Day and Public Hearings, and that such communica- tions be limited to nonaction, non -Agenda items. Councilman Dias moved an amendment to add that the trial period be until the end of January. Councilman Comstock inc'icated that he would include the amendment in the main motion. After discussion, Councilman Cooley moved an amendment, sec- onded by Pearson, that the Council place Oral Communications without any restrictions following the roll call rather than Special Orders and include Oral Communicaxions again at the end of the meeting. After discussion, the amendment lost on the following roll call vote: Ayes: Arnold, l3eahrs, Cooley, Debs, Flint, Pearson_. Noes: Comstock, Dias, Rohrs, Rus, Sher, Worthington. Abstaining: Woodward. (Councilman Woodward arrived at the meeting during the roll call on the amendment.) The main motion carried e f lic,vi__g roll --- on t_..,-=�.�z�..s:sib roll call vote: Ayes: Arnold, Comstock, Debs, Dias, Flint, Pearson, Rohrs, Sher, Worthington. Noes: Beahrs, Cooley, Rus. Abstaining: Woodward., The Mayor declared that, since the motion did not receive unanimous consent, the Oral Communications would be heard at the usual place on the Agenda. Councilman Comstock reported that the Committee on Planning and Procedures reviewed the ules governing the Standing Committees and found that no changes were required; that the committee felt the question of Ccuncil referrals to the committee was not now a problem and as the rules are now written does not create a problem. Truck Ordinance Councilman Comstock, as Chairman of the _Committee on Planning and Procedures, introduced an ordinance entitled "Ordinance of the Council of the City of Palo Alto Amending Section 19. 132 of the Palo 64 12/6/65 Alto Municipal Code Establishing Truck Routes by Deleting Embar- cedero Road ae a Limited Truck Route" and moved its adoption. The motion was seconded by Flint. In response to question, Councilman Comstock said the effect of the motion was to return Embarcadero Road to the status of a restricted street; the tonal weight limita- tions would b'; enforced twenty-fr" ,auurs of the day, and the trucks would be restricted `^_ those making deliveries to points between Bayahore E1 Camino Real. In response to question, Chief of Police Hydie stated the present or- dinance is the one the Police Department could best enforce with the least amount of difficulty; that if the proposed ordinance should be adopted, it would require more policing in order to enforce the or- dinance properly. After lengthy discussion, Mayor Arnold asked if anyone in the audi- ence wished to speak. Mr. Karl M. Ruppenthal, 1711 Guinda Street, distributed a state- ment which objected to the "concrete trucks, automobile transports, gravel haulers, gasoline transports, earth mo"ers, trucks hauling steel girders .and other oversize monsters" on Embarcadero Read which it in a residential area; and which listed other cities that re- strict industrial trucks to truck routes. He indicated that he hoped the Council would follow the committee's recommendation. In response to question, Mr. Ruppenthal replied that he thought the trucks were obeying the speed restrictions on Embarcadero generally, but that occasional trucks run red lights. He referred to a newspaper article on an accident which resulted from brake failure of a heavy truck. In response to another ques- tion, he answered that be thought San Antonio Road.cott'.d adequately handle the east -west industrial traffic for Palo Alto. Mrs. Herbeet Rapp, 2410 Bryant Street, said she could verify that some trucks were going too fast to stop at a light; that some t; tick- er• do not realise Oregon Expressway is on the trip system and build up speed; that she had followed trucks going 45 and 50 miles an hour and had seen them go through red lights; that she had ob- served double rigs on Oregon Expressway at the rate of one a minute for five days in a row; that she felt they were "too numerous, too arraei_ly and too noisy:" Mrs. Ethel Anderson, 360 Colorado Avenue, explained her concern related to truck deliveries to' the Midtown area at night, since dur- ing the day the trucks could use Oregon Expressway. She questioned whether it was true that the State law would allow a truck to make deliveries to Midtown on any street which is the -"nearest, moet direct rcute" to the delivery point. The Assikstant City Attorney replied that under the present City ordinance, truckers must use Oregon Expressway between the hours of 7 a.m. and 7 p, m. because it is a limited truck route over which they may travel and may not depart except by the "shortest and most direct route to Midtown"; but that between 7-p, m. and 7 «. m. when Oregon Expressway is not a limited route, the truckers may use any etreet which is a direct, route from a through route and that would include Lorna Verde, E. Dorado or Colorado Avenues. Its response Lion, h ... to -�Fess. r.+, ., 65 12/6/65 Anderson said she had written the Council letters, including a petition with 35 signatures of residents, protesting the trucks on Col;,rado Avenue. Mr. Robert Rehder, 1808 Mark Twain, spoke of the difference in his neighborhood, when he returned after two years in Peru, as a result of allowing trucks on Embarcadero Road. He related two incidents involving his son who started school this year and who roust cross Embarcadero, by recalling that his wife had seen a very large concrete truck run over the marker line by six feet in trying to stop for the light at Newell and Embarcadero, and the same thing happened the next week; that they now have their mom cross two ex- tra streets in order to use the Middlefield-Embarcadero intersection which has traffic control boys; that this still would not solve the problem when the youngster tried to cross Embarcadero to go to the library an%) park. Mr. William McKaig, 452 Marion Avenue, mentioned that ae a mem- ber of the Chamber of Commerce Area Traffic Committee, he could report that they had discussed the problem at lengzn, and it was the unanimous recommendation of the committee to the Chamber of Com- merce that Ernbarcadero Road be dropped as a truck route over seven tons. He reminded the Council that to reason for including Embarcadero Road originally was because Oregon Expressway wan still under construction, the Oregon-Bayshore interchange was non- existent, and it was important to get goods and services in some convenient way; that Oregon Avenue was built to carry trucks and Embarcadero was not. See Page 96 After discussion, Vice Mayor Debs moved the previous question. The motion was seconded by Flint but failed to carry the required two-thirds majority on a show -of -hands vote. Councilman Beahrs moved, seconded by Dias, that the matter be' referred to the Committee on Planning and Procedures for more detailed exploration of the matter. The motion lost on the follow- ing roll call vote: Ayes: Beahrs, Cooley, Dias, Rus, Woodward. Noes: Arnold, Comstock, Debs, Flint, Pearson, Rohrs, Sher, Worthington. The first reading of tke ordinance then passed on the following roll call vote: Ayes; Arnold, Beahrs, Comstock, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Sher, Woodward, Worthington. Noes: Rus. Councilman Comstock reported that the Committee on Planning and Procedures had reviewed the truck ordinance and recommended de- letion of Oregon Expressway between Alma and West Bayshore Frontage Road as a "limited truck route" (see committee mir t i of November 23, 1965). He introduced an ordinance entitled "Ordinance of the Council of the City of Palo Alto Amending Section 19. 132 of the 66 12/6/65 Palo Alto Municipal Code Establishing Truck Routes. by Deleting Oregon Avenue as a Limited Truck Route" and moved its acceptance for first reading. In response to question, Councilman Cornstock stated the proposed ordinance would eliminate cross-town traffic movement between Bayshore and Alrna of trucks over severs tons, hut it would not eliminate movement of trucks of any size which are making deliveries between those two streets. He called attention to the exhibits on the council chamber wall depicting the various truck routes in color and noted that trucks would be allowed to use Oregon Expressway at all times to serv'. the Midtown shopping area; that it was the expectation of the staff that truckers would prefer to use Oregon to Colorado Avenue as it is easier to negotiate. Councilman Sher announced that he asked the City Attorney to draft an alternate ordinance which specifically addressed itself to the question of trucks making deliveries to the Midtown area by trying to channel the trucks onto Oregon Avenue. Councilman Sher moved a substitute motion that the alternate ordinance be accepted for first-eading, but after a short discussion, withdrew the motion provided he would have an opportunity to offer the alternate in the event the ordinance on the floor failed to pass. In the discussion that followed, the City Traffic Engineer advised that the trucks were required to use Colorado Avenue before the Oregon-Bayshore interchange was completed because Colorado wail then the shortest, inost direct route, but the staff was now going through a retraining program by notifying the businesses in the Mid- town area that it would be preferable for the truckers to use Oregon. He reminded the Council that under State law, the truckers can use either street. In response to question, the Assistant City Attorney stated that if the alternate ordinance is adopted, the trucks going to the Midtown area would be forced to use Oregon Expressway. In the discussion that fonowed, it was pointed out that it might be necessary for the City to purchase those additional homes along Oregon Expressway which remain too close to the street. After lengthy discussion, the Mayor invited the audience to come forward with their views. Mr. Richard Stock, 3560 Bryant Street, representing United Palo Altane as their cornrnunity relations director, stated they had stu.!- t e d the trucking problem for the past four months and felt the reel - dente did not want trucks on residential streets; that all through trucks should be routed on San Antonio Road and on Willow Freeway when it is built; that the City must supply convenient routes for the service trucks which supply indpstries and shopping centers; that thirty houses should not be considered against the rights of all the citizens of Palo Alto; and that enforcement of the ordinance became critical on home deliveries. He recommended that the weight of the trucks be lowered and those trucks which did not fit within the weight limit be issued a modified permit system; that they approved of Councilman Dias' recommendation to extend the multiple delivery area forth of Midtown to Oregon Avenue; that tthey would approve a regulation prohibiting trucks from crossing Middlefield at Oregon; that they strongly recommended greater enforcement of City oedi- aaaces and the police force enlarged to accomplish this; that in a 67 12/6/65 two -month period their spotters had reported over 500 trucks using streets which are rot truck routes, and he specified some of the re- ported violations. Mr. Stock answered questions from the Council cn Ms recommendations. After further discussion, the motion lost on the following roll call vote: Ayes: Arnold, Beahrs, Comstock, Woodward. Noes: Cooley, Debs, Dias, Flint, Pearson, Rohrs, Rus, Sher, Worthington. Councilman Sher introduced an ordinance entitled "Ordinance of the Council of the City of Palo Alto Amending Section 19. 132 of the Palo Alto Municipal Code Establishing Truck Routes by Amending the Designation of Oregon Avenue as a Limited Truck Route" and moved its acceptance for first reading. He specified that the proposed or- dinance would delete Oregon Avenue from the present reff:rence in subsection d of Section 19.132 of the Palo Alto Municipal Code; that a new paragraph would be added which would state that Oregon Av- enue is a truck route 24 hours a day fro.n Alma Street to Bayshore Freeway but only for trucks making pickups or deliveries from or to the Midtown multiple delivery zone; that subsection a of Section 19. 132 would be amended also on sheet 3 to show the multiple de- livery zone extended to Oregon Avenue. The motion was seconded by Councilman Dias and carried on the fallowing roll call vote: Ayes: Arnold, Beahrs, Comstock, Debs, Dias, Flint, Pearson, Sher, Woodward, Worthington. Noes: Cooley, Rohrs, Rus. Councilman Comstock reported that the Cori3mittee on Planning and Procedures reviewed the •.ruck ordinance and recommended changing the resignation "limited truck route" to "local truck route. " He in- troduced an ordinance entitled "Ordinance of the Council of the City of Palo Alto Amending Section 19. 132 of the Palo Alto Municipal Code Establishing Truck Routes, by Changing the Designation of 'Limited Truck Routes' to 'Local Truck Routes" and moved its acceptance for first reading. The motion was seconded by Rohrs. Councilman Worthington moved an amendment, seconded by Debs, to subsection a of Section 19. 132 of the Palo Alto Municipal Code to change the definition of a truck from "vehicles exceeding a max -- mum gross weight, f seven (7) tons" to "A commercial vehicle weighing 4-1/2 tons or more gross laden. " A discussion followed cal the distinguishing characteristics of 7 -ton vs. 4-1/2 ton trucks. Councilman Cooley moved an amendment to the amendment, seconded by Woodward, that the Code be revised to _read °'A truck of two tons or more. " 68 12/6/65 After !decussion, Councilman Rohrs moved, seconded by Flint, to refer the matter of changing the weight limit back to the Committee on Planning and Procedures for re-eva'.,7tion as to whether it is feasible or practical. The motion lost on the following rol' call. vote: Ayes: Cooley, Flint, Pearson, Rohrs. Noes: Arnold, Beahrs, Comstock, Debs,. Dias, Rus, Sher, Woodward, Worthington. After discussion, Councilman Cooley, with the consent of his second, withdrew the amendment to the amendment. The amendment then lost on the following roll call vote: Ayes: Debs, Worthington. Noes: Arnold, Beahrs, Comstock, Cooley, Dias, Flint, Pearson, Rohrs, Rus, Sher, Woodward. The motion to accept the alternat.: ordinance for first reading was declared carried on a majority voice vote. Councilman Comstock moved th-it Agenda Items 3, 4 and 5 (the three ordinances relating to the truck ordinance) be consolidated into a single ordinance. The motion was seconded by Flint and was de- clared carried on a majority voice vote. Motion to Adjourn Councilman Cooley moved that the Council adjourn to 7: 30 p. m. Tuesday, December 7, 1965. The motion died for lack of a second. (The Council reeessed'a 10:21 , rn. and reconvened at 10:43 p. m. ) Park Acquisition -- Ash Street and Matadero Creek Councilman Rohrs, as Chairman of the Committee on Public Works, reported the committee had studied the area. bounded by Lambert Avenue -E1 Camino Real -West Meadow -Park Boulevard; that from the point of view of density and population the area would not qualify for a park, but it is unique because it is isolated with little through traffic; that the Ventura School grounds are used for recreation after school hours and Mayfield Park is available but the children can only get to the school and park along buey Park Boulevard or El Camino Real; and that there were several alternate sites available for a parkette in the area. He moved the committee's recommendation that the Council approve a neighborhood parkette located either at an expanded Site A (Ash and Matadero Creek) or at Orinda between Margarita and Matadero Avenues, and that the matter be sent on to the Finance Committee. The motion was seconded by Pearson. A discussion foU.owed on the :two locationa'and the various possibil- ities for expanding Site A '(see the minutes of the committee meeting of November 29, 1-955). 69 12/6/65 Mrs. Rollie Brazier, 264 Fernando Avenue, speaking as a repre- sentative of the Chestnut -Wilton Homeowners Association, stated they were not in favor of the Orinda street site and referred to the letter of objectives which their organization had sent to each coun- cilman. She indicated one of their main purposes in seeking the parkette was to check the deterioration of the neighborhood, to beautify And enhance the arer. so it would not become a slum. She cht d statistics on the number of families and single-family homes in the area and said the homeowners did not want to move; that they wished to stay and restore their area. She declared Site A was the "best location" for the park because it is one acre of land on a lot which the owner wished to sell; that this is one of the blight areas of the neighborhood and a park there would help to beautify it. Since the Orinda Street homes are in sound, good condition in a clean area, and since they were seeking to restore rather than destroy, Mrs, Brazier said the homeowner's association felt Site A was more de sirable. Councilman Pearson moved an amendment, s.. conded by Flirt, to designate Site A as the location of the parkette. Councilman Rohrs said he would incorporate the amendment into the motion with the addition of the word "expanded" Site A. Mrs. Brazier pointed out they were not asking for a large park nor a lot of cement, they were asking for a playground in an area that wo,:id help the neighborhood. After discussion, Councilman Rohrs proposed, with the consent of his second. to restate the motion as follows: that the committee recommend to thet c=ouncil that the City acquire Site A plus the one parcel on the corner of Fernando and Ash Streets. He commented that, if at some future date the City did close Ash Street and acquire two more lots across the street, it -would provide a park of approxi- mately one acre. Councilman Dias moved, seconded by Beahrs, a substitute motion that the Council express its desire to acquire a parkette at Site A while at the same time instructing the staff to investigate Site A as to costs and its expansion possibilities, and secondly, at the same time, to send the matter to the Planning Commission for review as to conformity to the General Plan. In the discussion that followed, the City Manager reviewed the cost figures contained in the staff report to the committee dated November 26, 1965. After further discussion, Councilman Dias withdrew her motion with the consent of her second. Vice Mayor Debs moved an amendment that Site A be expanded by acquiring the two properties across the street alorg Ash at the corner of Fernando Avenue and Chestnut Avenue, and this should later be given to the staff to work out possibilities. The motion was seconded by Beaters and after a short discussion lost on the following roll call: Ayes: Comstock. Deb.,. Pearson, Sher, Worthington. Noes: Arnold, Beaters, Cooley, Dias, Flint, Rohrs, Rus, W oodwa rd. 70 12,6/65 Councilman Sher moved an amendment, seconded by Beahrs, to have the staff consider possible expansion of the park by acquisition of the properties along Fernanoa Avenue which are referred to in the staff report. Mr. Edgar Marcuse, 281 Chestnut Avenue, declared that the only feasible Lxpansion of Site A would include Ash Street and acquiring the :wo houses across Ash which face on Fernando and Chestnut Avenue: ; that the properties along Fernando which abut Site A are not dilapidated. After discussion Councilman Sher, with the consent of his second, withdrew the amendment. Mr. Cole Richmond, 260 Chestnut Avenue, speaking as secretary of the Chestnut -Wilton Homeowners Association, 13tated they defi- nitely "preferred Site A. " "If the area is allowed to deteriorate, " he asked, "how much would it cost the City to restore it?" After further discussion, Councilman Cooley s-noved the previous question. The motion was duly seconded but failed to carry the necessary two-thirds majority on a show -of -hands vote. Councilman Sher moved a substitute motion, seconded by Beahrs, that the Council go on record as expressing its desire to establish the park at Site A; that the Council direct the staff to investigate the costs in the expanded arcc, and refer the matter to the Finance Com- mittee and to the Planning Commission for review. The motion carried an the following roll call vote: Ayes: Arnold, Beahrs, Comstock, Cooley, Dias, Pearson, Rohrs, Rus, Sher, Woodward, Worthington. Noes: Deb", Flint. After discussion, Councilman Sher moved, seconded by Rohrs and carried unanimously, that the Council instruct the City Manager to contact the property owners of the two lots or. Ash Street between Chestnut and Fernando Avenues as to possible acquisition. Motion Councilman Beahrs .moved, seconded by Rus, that the Council adjourn to Tuesday, December 7 at 7:30 p. m. The motion. lost on the follow- ing roll call vote: Ayes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rus. Noes: Comstock, Deos, Pearson, Sher, Woodward, Worthington. A motion to adjourn to Wednesday, December 8 at 7:30 p. m. was withdrawn as it would conflict with the Planning Commission meet- ing scheduled for that evening. 71 12/6165 Councilman Comstock moved that the Council adjourn to next Monday, December 13, 1965, at 7:30 p. m. The motion waa duly seconded and was declared carried on a majority voice vote. The meeting was adjourned at 11:47 p. m. APPROVED: ayor ATTEST: