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HomeMy WebLinkAbout11091959City Hall, Palo Alto, California, November 9, 1959 The Cowic1 of the City of Palo Alto rnet in regular session on this date at 7`:30 P.M. with Mayor Porter presiding. Roll call as follows: Present: Ball, ,Bishop, Byxbee, Davis, Evans, Giffin, Haight; Marshall, Mitchell, Mavis, Porter, Rodgers, Stephens,. Woodward, 2weng. Absent: None. The minutes of the meeting of October 26, 1959, were approved as distributed.; Project 58-1 Reference was made to the hearing held at the last meet- ing on proposed acquisitions and improvements under Project 58-1.. It was noted that the hearing was closed and resolutions to proceed with the project, were adopted at the last meeting, the Council reserv- ing jurisdiction to order changes in the following matters at this meeting of November 9i: 19 59 : (1) Assessments for improvements on the easterly side of High Street between California and Oregon Avenues. (2) Extension and improvement of Wilkie Way. (3) Acquisition and improvement on Garland Drive along property of the Parents'Nursery School. A written report was received from Kenneth I. Jones of Kirkbride, Wilson, Har. zfeld & Wallace, the City's attorneys on the project, concerning the High Street assessments,Itezn (1), with information on the present spread of assessments on mathem.atical, frontage and on a revised spread on standard formula. Mr. Jones recommended that the Council order the revised spread on the standard formula. of. Assessment Nos. 291, 294, 295, 296, 297 and 298, as set forth in. his report. Mr; Harry W. Uthe, 2251 High Street, who objected to the. method of spreading assessments at the last meeting, read his previous, letter; to the >Council and protested that the revised spread did not provide for a sufficient reduction in the assessment on his property. On motion of :Mitchell: and Ball, the revised spread of assessments on the. standard formula, as recommended by the attorneys, for the High Street assessments, was approved. Mr. Jones was asked to explain the formula and basis of assessment:.: to Mr. 'Lithe. Regarding Item (2), extension and improvement of Wilkie Way,, this item had been continued because the owners had a new street pattern pending before the Planning Commission for consider,a- .0 tionat its, meeting cf'October 28, 1959, but due to the length of the agenda, the item was not considered at that time and was held over until the'Coxnmi:ssion's meeting. to be held November 18, 1959; The staff recommended; that the item regarding Wilkie Way be continued until`the next regular meeting on November 13, 1959, arid :. that the Council°`determine at that time whether the street pattern and the 58-1 proceedings shall be modified or whether the extension of Wilkie Way shall remi;ain as incorporated in the 58-1 plan. A letter was received from L M Guslani, attorney for. A. L. Terranova,. requesting that; this matter. be held over until the Planning Commission has considered the re -alignment of Wilkie Way. It was moved by Byxbee, seconded by Woodward, and carried that the item; regarding the proposed extension and improve ment of Wilkie Wa...y be held over until the :r ext regular. meeting - on November 23, 1959. Regarding ;tern: {3) for the proposed acquisition and _ improvement on Garland Drive along the property of the Parents' Nursery $chool., involving construction of sidewalk and relocation of fence, the City Manager -displayed maps of the -property showing. •, the proposed improvements, and slides showing the existing fence and the, property of the nursery school. The staff recommendedthat ten feet of the:property along Garland Drive be acquired and that: the fence be located'in,accbr'dar ce with the fence ordinance. A peti=tion, Was presented from residents of the area, with 104 signatures, asking that the Council, deny the request of the Parents' Nursery School for a variance i'. placement of the fence on the Garland Drive side of their property. Mr. Peter Young, reptesentire; the Parents' Nursery School,- requested that the matter he postponed until. the Council meeting of, ,November 23, 1.959 so t.h.i.t, their attorney, Mr. Nathan Finch, who'" is familiar with t.l':.e problem, could review the question and snake a presentation to the Council. A motion was made by Bishop, seconded; by Stephens, that the rnatte,w be postponed until November 23, 1959. Mr. V. E. Peterson, 882 Garland Drive; Mr. Charles E. Sibley, 871 Garland Drive; and Mr,. John E. De'Vr.ies 886 Garland Drive, spoke to the .Councilcon.ce:r. r:.1ng the rn. tt r, asking that it not be postponed, arid that action be taken at this time to order the work and, move the `fence 'crack 10 feet to comply with the ordinance. Mr. Young spoke :again, statiutg that the school h -id not created the problem.; thattheyobject to the damage to the play yard and equipment which will, be incurred. by the relocavior of the fence and to the costs - involved': It .was brought out in discussion that the nursery school is not using all of its property and has a large area in addition tothe fenced area. which is not -being: utilized at present. ,The motion to postpone the spatter to November 23, 1959, was lost by a voice vote. A. motion was made by Rodgers;, seconded by Marshall, thata variance of five .feet be granted, to permit the fence to be moved back only five feet. This motion was !ost by a voice vote. It was moved by Byxbee, seconded and carried that the proposal as provided in. the proceedil.gs for. Project 58.1 be followed 1h r %`r 7' try �a and that the fence be set back ten feet, to provide for a five-foot sidewalk" and a fire -foot setback or planting area. A petition was. `received from Alexander Thain and other property owners on El .Camino" Way for reconsideration of the decision made by the Council at -its last meeting on the proposed improvements for El Camino Way._, The City Manager advised that the attorney, Kenneth Jones, had been contacted regarding the petition for recon- sideration, and that he had ,-lioiuxted out that the hearing had: been: held and closed,decision made and; contract awarded; that the Council: can either determine that it does not wish to hear the matter further or can listen to any presentation; then if the Council wishes;:,to; alter the work, it would have to go through the procedure processes again, hold hearings and hold up the contract which would pose problems with the contractor. Mr. Thain and his attorney, Mr. Aaron E. Harris, addressed the Council in support of the petition for reconsideration, and made a. further presentation to supplement the statements -made' by'.Mr.,Thai= at thehearing when he requested consideration of a rnodified''plan for the improvement of El Camino Way. The City Engineer reviewed the proposed improvements for this part of the project, and advised that he could see na justifica- tion for themodifications' suggested by the petitioners. It was moved by Navis, seconded by Woodward, and carried that this matter: be not reconsidered. Resolution No. 3155. determining that the public interest and necessity require the acquisition of easements for streets and the, takingof immediate possession thereof, Project 58-1, was.. introduced, and on motion of Woodward, duly seconded, was adopted by unanimous vote on roll call of all council members present. (Councilman Davis was absent during this roll call. He had left during the discussion of the above item, and did not return to the. meeting.) Certificates to Fire Department Personnel The City Manager announced that eleven officers of the Palo Alto Fire Department had completed the comprehensive course in Municipal: Fire Administration provided by the International City Managers' Association and are eligible to receive certificates. The following officers were present and were awarded their certificates by the Mayor: C.apt, Norman L. Burch Capt. LaVerne R. Hansen Capt. Dale A. Hooker Fire Inspector Dewey R. Jacques Capt Joseph L. Lorgabaugh Capt. James H. McLaughlin Fire :Marshal Herbert W. Nelson Capt. Theodore. F Pearson Capt:. James H. Selvidge Asst.` Chief Lawrence R. Sixnonini Capt. William J. Tonguet the State Div :sion received from easement ur,.ication Was e$ an woad. ea A coxxie of :tax excels are involved, ,xisti:ng cancellation Two g of an ent ` iwab�: the Colin Peters. parcels of HiE4 the .State-::fxom then contair_irg urea acquired .,52 and the a an said0.130 of to og p, 521 of an acre of taxes property •ita one cancellation, that it was in Written' Consentythe the who advised the ` City Attorney, submitted by tax. cancel any "outstanding city the Council Rodgers, said easexnexat. motion of Mitchell and °n theOA xe directed that city taxes cane sai appxovedyxe'c tand acquixed"by the State.; for highway purposes S wer asemerts 1Maz.zredi Pro Exchs. an requesting existing ,� grant Y Ver.nice. Manfredi at Z 9 Columbia initting a St $ Insurance Cony. and: released, It was poop of e� purposes, be ;de.. ex sewer ng the actual sewer lire location. opposite side storm z located on lance of easement that t ex se explained the sewer line ,�s actually easement and acceptance d the release of the for'znex lion. of the lot, well the ;� xesalutxon Venice �- . sewer pipes and Alto to J. V. Manfredi ard of storm the deed �. Patio �.tenanGe to execute for the installation and �'�' the Mayor motion of pyxbee an authorizing situation. w one correct of.$torsn a Title n . e Pacific '� from the California p the received easement on Aletter x, that the existing bxa Street Coluzn an the City' o of the new Deed fxoxn approving Quit Claim being an City of nt Manfredi, and was: introduced, axed on appuxtenadces, and a .all call. ri the adopted. unanimous vote on " behalf of h do led b� gaigtit, was �� p pxoIe_cti ell„oli.,.:p 'eas"".r read from Miss Sprig ig Theobald, 427 b f''i0 s p,,.lettex was . Department for its action or: through- a. the Dep and gun fire on criticising 80 mph chase the protective gabs Avenue, review r95 , ► :snval Urging g the Cou-»tell to October �7 and ux:g1r$ residential area, ci.tixens. stating measures for its or- the mattex bee commented the matter, at g `. Councilman l s mend the ate but without a feels the Council should coxx,. was u:sfoxtun with that b October 27., 1959 e overrun of�� Oc would become by Rodgers, that theincident ent the. City Xbee, overr n wi police Delta rtxx� moved by DY p axed bnt and s+tra*t$ : element. ;It was � the Police D -p 1e them commend undesirable that;the;Council"corn.ox their action. and carried to them Council, slue a vote -of confidence addressed the Ca� was present and administration p,�iss Thmpres work of the city the _ related with the she felt it was is xxx�.p ent; however rotec stating that she; a artm fax better methods it p includes the{the police c Po search p ,Nhicli �ourcxl better protective ie a d formulate policies for responsibility= vxevv. tzon:-ono to xe not. �s opinion it would me$ures • prised that in matter and to. CA`arsexlirax �-a>r ad -, the � -staff on the ' "to have a deport from committee for discussion,' refer out of'order. ropri:ate corn station x4'blem to: the apP nt+srest it that o.". a xr,atter. ew the p there is considerable b Bishop' to refer the view n the fact Evans, seconded by was made by t� ,., .. by �, va • e lost ce vote. % ,but e -- ' p� Z, �= ." ._ ttea do Axeae to Goy''` s lei the Girl:. �eee,s$aa� '��"� sa�;sg°x a report fx� �f '�° �e f ice a , submitted ed porthelp fr tb.ea$e . ear, Will -heed The GitY `by his a cfg t week• -c annexation City d in8 tb' period e pxope t k a $1`g4� aensox ion btu Asee$sox ',advising »fax on t e. t b apta.ted cost of t i.s the G:t4 d a' a Ci o? 8. i� xix�� ated cost S xea� d descriptions e�axw fee eaeu gt�xa til '�' tY,,at the�o ,ao�.that. °°�,,�.��$ ch�iao$ k,�.� now no and ex E,he n:cit `' Greords of dixx' .SiO eaox that he can ax of aaoo$- ty' a records � t. the City 1. seseox' Maio lei'. City. xi ► of tt;�s ° . d itrria a Conuty r fee cad ,e" for a nay to Go,��o � e _mod x���.�,i a�► tk� 1�b1� �'''�" �� necessary ��ce�s �x�n �'xo��ht x� buildings o x `ed.bY n. passed, d, and t *ill, s w' e ba�4 ariex x ce � a�se<3 • the b��l lip a lv t wh h sbz G ds fct e% � this brinetie deaix�`b 14 i�� ax - do 'develop Dept ate' d tha �t i that he b5! xe sig advised ° see °x g city �,ge.th gas e°o, -, office• t . iXeit Gil t° xevie . it e, o f th el Agee s e Go xx�.tY the Ga' or sse aka has zng t1?e` itY �ittie-"�' the able fax considercontracting ,ire's ' of ax,tal p the 1�8t *mild be desirable �,�,d as ,owed by xttee is one felt �t r. . t3ie' It wa referred to G alto and ,o a t � xvices . $ x esex office' `:th GQst a` assessing services. o t,.attex again foxcarried ttsat this 9 tb co ded :mod g a well fit & of city seconded t tv�ra 'Pa x c o A.l�° studl . �,.d f,px to al tdex.a of.M tiox= of a a�e t� ex G_a�,�e ao a to the 'one is the 11;ae a, jai eta 0. ��� Sao t c®z�,ti� �axk a,.x o� �atad a a��ex Elie :1::1,1..:110-ttu'a‘`Ioiellzli(1:5.e�aXox► ioaa.,d t, d tk� tcdatwne pxo ex $ °f3• ;i x G� x cre1 a e'�a' ge1)ascet xC'el o_ • eS ylY of . of 0.159 a the Cit'f th el. • e Sf 'a ISO tees a PaxCe� vex'�es. taxed apex t' 7 "Welt -., ,ate1Y. a ,�pre115ites d 0143.1 se its xigh pPx poste at)na a exex is ' Y' of Ga11 ,ail tai . o11e • to fire oxs. �axn� that t1i�`. af{.tb e aYos of SoPerYag thet nde bet�e a t' axa. cow ty::::d xQ eh e, g� ti�,,t they � �;�. �yj56 e. eta �laxa f t�►e mat �itab'e� 'Regal t s',witb. the o216:f 'ala �'' of .14avxs a `1 Dowta rite ,et,t�o t6 the City . ox� 01.101,64,c,,,9,--1.1. a'P�'x e � ,�,xre��t�'o �,�� ad�.e�d' Este oh � o tk+ si s vu 1 site v�'x approval fax wa � a, s• vtel ate by o clt to the ward ffa°ex d gox t�''� G �t otobtY�, � Ga�exaXa �x sybn'�tt got °f H'e���.�0 per � Gi o I hes appointment poi t entsalao of 59 , f ntx�'c with the The fox. a� x eoda alOfficer �exa his x e . oft t wail( o the has} g�x.get to tax 0414V/is, x x� tGhe�1 ;xs acaa Nix • Q' - aex . by do bex �p t►t as exc� ? 7C " G bra nt �� xa�yt�a?� oial Offf. icer et .ae ° tiO1" "�a ..9g xs xGoxt ity roll, call` Reeoliition. for. Retiri.ng Employee (Alice .lames) A resolution expressing appreciation to Alice M. J'ames. on he retirern.ent after 36 years of service with the City was introduced,. and on motion -of Byxbee and Zaveng, was adopted by unanimous voteon roll call. Traffic Signals, University and Lincoln A report was received from Committee No. 1 recommen ing that a vehicular -traffic -actuated and pedestrian -actuated signal be instilled at the intersection of University Avenue and Lincoln: Avenue. On;:motion of Woodward and Marshall, the recommendation- was . adopted`,by voice ;vote The City ''Engineer reported that it would take at least! sixty days to get the equipment for the signal installation. Variances, First Methodist Church A :;deport: was : received from the Planning Commission' unanimously recommending that the following variances be granted to The First, Methodist' Church to allow construction of a sanctuary, chapel and office addition on Hamilton Avenue between Byron and Webster Streets a. That .,`the off-street parking requirement of one space for each four seats in the sanctuary be satisfied by requiring that the church provide 115 additional parking spaces (in addition to the 160 spaces provided by the City parking lot in the interior of the block bounded by Webster, Haxniltoa,., Cowper and University) within three years from start of construction, said parking to be within a: 500 -foot radius of the church property, and maybe either a City -owned or private lot (or lots. b. A :front setback on Hamilton Avenue of 10 feet where 24 feet are otherwise required. c. A street side setback on Webster Street of 8 feet (with buttress columns at 2 ft. 6 in.) where 11 feet and 20 feet are otherwise required. d, A rear yard setback of 10 feet (with buttress columns at 7 ft. 6 in.) where 14 feet are otherwise required.: e. A building height of 74-1/2 feet where 65 feet are otherwise required, and a spire height of 104-1/2 feet where 80 feet are otherwise required. 1. A total lotcoverage of 56.29% where 40% is otherwise perrxiitted on the R -3:P portion of the lots, or where 45% is .otherwise permitted on the R-4 portion of the -lots. A motion was, rnade by Bishop, seconded by Navis, that the variances be granted in accordance with the recommendation= of the Planning. Comznis Sion. 0 Councilman Byx1 ee-question.ed the proposed variance concerning oil -street parking requirements, which he said wouldbe inconsistent with what has been done in the past with regard to parking, requirements,and expressed concern as to whether the church would beable to provide 115 additional parking spaces within three years. He proposed that the matter be referred back to the Planning.Commissionto review the zoning of the property and consider; whether a P .0 zon=e would be applicable, and also to give further consideration to the parking requirements and determine whether any additional spaces could be obtained by the time the construction is completed. The Chairman of the Planning Commission, Mrs. Towle, on being asked to comment on the Commission's recommendation, advised that: the_ Commission felt that if the Methodist Church gave its word that they would provide 115 spaces within three years, it could be considered an,'accompl:ished fact. She pointed out that the church is in the downtown area, and is contributing on avoluntary' basis to the parking program: Dr. Marvin Stuart,. pastor of the First Methodist Church, addressed the Council in support of their- variance application. He reviewedthehistory of the: church development, pointing out that the church had offered to' help pay for the parking project even though it was not in the „district when a variance was granted in, 1951 for the -construction of their Education building. He advised that they are ready to proceed with the project and hoped there would be no delay in granting the variances. During the discussion Dr. ,Stuart pointed out that provision had been made in their plans for the potential widening of Hamilton Avenue. After ;discussion, the motion to grant the variancesas recommended by the Planning COMIllission was carried by voice vote, Axnendzxient'to Zoning' Ordinance, A -C District A report was received from the Planning Commission unanimously recommending > the adoption of the A -C, Agricultural Conservation District Regulations as part of the Zoning Ordinance. A proposed ,,ordinance arnending the Zoning Ordinance to provide for the establishment` of Agricultural Conservation District: Regulations was introduced, and on motion made and seconded, was acceptedfor first reading by vote on roll ca11, with 12 Ayes, Byxbee and Marshall voting No. Amer:dment't'o Zoning Ordinance, Section 23.12 b) ,A report was, submitted by the Planning Commission recommending amendment of Section 23.12(b) of the Zoning Ordinance pertaining to vari.zice and use pernuts to read as follows: "A use permit or a variance" which has not been used within one year after the date of granting thereof becomes null and void and of no effect unless specifically issued for a longer time period. The Zoning Administrator may;; without ;a.hearing, extend such time foran addi- tional year onlyupon application filed with hint before the expiration of the first year." :' A'proposed ordinance amending Section 23.12(b) as, recommended was introduced, and on motion of Mitchell and. Ball, was accepted for first reading by unanimous vote on roll call. �y Nvr'Cx6tic"�WW�9 ya�� • 1 .� Gox� ox 9la ortxo' of �stexl � fxp� trie cast'srlI e�,tc p tlr� rvlde. tnllls ' d. a Zone a,�•P o, 3 �cyo nog � ��the 1Ss �'' �ch� �, ans�. via q�,h1 zA er ed ox a :xttax. of �tiah °£ � vote. ' . A ,90 of o E eaSterlY v os� ' kills '° , a�=n o atx ad �d; et s Gdi by` tax the of ., t i st 1 ce, ted fa. a� � wa& aG e �l�'x�'i�, Co7 e,�eetax t was way �t1 c iott 0 „_tx s aj L WO. - x e r ia):;°_,' she . far a Gha, tare` c der' ' ,., wx ht.y �hexlY aad .. to _3:�» xri ele, 3: x� t �$ to o f the `°x 4 iv oxt� �' da c o 1pC °'xex�lle ' X Ga ez� tian. • xo y�xtY a ide night, the chav4e a;� at' F Lod? .tad kl 4 zoxs Stx�et a� r o t d ial a; t:i- >tia ��sax�Qn . the to ado?tea' s s �'' ions o. wa%. bat x'c',e t orted that he the ble t g ba .se Weed. A DeY x � areas 0 ex Gold b ttax Chill att % GrtY r �et�4 " that the et to e. Or -din la a ad. a a�e�'�e��x�.eT't; px d1�,a ��t . City �aaa,gex k dame aY. weed abate ve toxcexn sior�, the C�bate et h ,�,,ox • by a i�stxat� �sai g: t shavix exs fox s`� the Dazing,the kti be giventhe -property ed that a ati �geh.xgiz�g d a dbca rr,.xxed to s ea t G s,de s of seconded, ds zeta that, t� d5'�x} b, e � tai; fir' b. talc..' `7oo d.1�y b e�x'rs �xi ng ax, l t����'t y that the h ece�be x carried tox ,d Co. TidedXernoval. of weeds b It .era scion of:weed Coraqua mi,ttee 1'a' It was xn tax` destx!lG t o . at. 36, mill and 11s cxibed by es naezwhich. Px ,pla t on l ectirig the tetras o • i � sc o Alto . . �e,eGtioa' �,ls? � re} ts salv,tiAn � he dt� of �'� lulls,os vras ite$oluti.otos 111 ss�p Gat s '1`A pted b Irathe t loos � ng to gx ant ough th, d Town. 01 �,t 0 was they , a eld. a ,ti On. tior a 14avisand. .e GXeb Ax certain to Iran Cad an roll call. , Sec. A • '� ice e x a os yore o�ax� fld' o r the pX+.X�g iven $coed exit to eri�i ng was doi?ted by e lgt�s r'a eex� �xea, • as a anee Na' J ?fir' rx d Bis`�°�' by 0��� Gti»ad,� � "W�oaw�xd ar the addition d o'd'inatio Gall. e -. ,X1. x ca'6,1- x ea i� us vote one ��a�axxs.�, ... Portion of Foothills: Annexation No., 3 Ordinance No. 1899, >amending the Zone Map to provide for thee;.,zonang of the westerly portion of Foothills Annexation No. 3 as R-E.,A, Residential';Eet.ate Agricultural District, was given second reading, and a''motion was made by Rodgers, seconded by Bishop; that -the ,'ordinance be adopted. Councilman Stephens questioned whether adequate study had. been ;given. to the zoning of this area. It was pointed outthat the Cciuncil had agreed, when it accepted the ordinance for first reading, that this. zoning would be established as an interim measure. The ;City Manager advised that it was his hope that the. staff would be, able' to report within the next three to six months , not onlyon the zoningof the _foothill area but on development plans for roadways,utilities, etc. of all the foothill area. The motion to adopt Ordinance No, 1899 was carried by unanimous vote on'.roll=call. Claire: for Damages (Roy Stevenee A. report was received from the City Attorney on the claim. of Roy Stevens in the amount of $19.48 for asserted damages to an automobile when a power line attached to a building at 2611 El Can nno Real fell on the front of .the _car. The City Attorney advised that there appears to be no responsibility on the City in this case, and: recommended denial of the claim It was moved by Byxbee, .seconded and carried that the City Attorney's; report be accepted and the claim be denied. Monthly Report of Controller The monthly report of the Controller for October, 1959, was received and filed. P-_ roused4:Board of , , Counc.alman. Zweng- asked that study be given to the suggestion received; some time ago from the Planning Conazxussion for the appointment of a ,Board of Appeals to handle variance and use permit hearings Councilman Woodward, Chairman of Committee No.";1 to which the proposal had been referred, advised that there will be a meeting of the committee next week and this item will be considered .at that time. Councilman'.Zweng brought up the question of hours during which the Downtown Branch :Library is open and advised that there is a request "from senior. citizens who use the facility that it be opened earlier inthe day, at 9 00 or :10:00 A.M. , instead of at noon On motion of Zweng arid "Stephen's, this matte; was referred to Committee No. 2 for Study,.: Zoning. North of. Lytton Avenue Letter- from Downtown Palo Alto, Inc. Joseph; M. O'Douohue, ,Executive Director of ;Downtown Palo, Alto, ;Inc.. ,addressed the 'Council at this time, stating that he had sent a letter,to the Council but apparently not. 'in time for the agenda. He advsed that the letter was in reference :to a thCU81OZ at the last Council meeting regarding the tabling" of the proposed High Density Apartment zoning north of Lytton Avenue: when a stateizient was'; made which inferred that Downtown Palo Alto, Inc. did not support the proposedordinance and had declined to meet with the Plattna.rg.Comin ssion,oxi the matter. Mr. O'Do' ohue stated that hie organizaton wanted the Council to know that they had,. endocsec the' robose&:ordu an ce and had not withdrawn their s,t pport: t this time Mr. Frank Jarvis, 3019 Ross Road, spoke :to the Council in protest to the assessment on his property. for improvements under Project: 58=1, involving a street off Ross Road to :serve several tote. The staff was asked to -investigate the question raised by Mr. ';Jarvis .regardhng,.the,'arnount,of his assessment and make a report, to:Com.mittee=No. 1 on, the matter. There "be ng?no other business to come before the' Council, the meeting was declared adjourned at 9:45 P.M.