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HomeMy WebLinkAbout05281962340 City Hall, Palo Alto, California.' May 28, 1962 The Council of the. City of Palo Alto Met in regular session on this date: at 7:3`0 p.m. with Mayor Haight presiding. Roll call as ioltovvs Present: Arnold, Bishop, Byxbee, Cresap+, Debs, Dias, Haight, Porter,Rodgers, Rohrs, Stephens, Woodward. Absent: Marshall., Rus, Gweng, At the suggestion of Councilmar. Arnold, it was agreed that ;item, 22 'under Reports of Committees and Planning Commission would be taken up before item. 18, the first item under this heading;;' inasrnuch asa large number of people interested in Item 22 were present.. Corr ctio and Approval of Minute s Councilman Deb asked that a correction be made to the first paragraph. on Page 14 of the Council ;minutes of April 23,; 1962, as distributed (Page 338, 'Volume 14, Council Minutes) by the addition of the following words to the first sentence of this paragraph: "for the following .reason: to bring up further discussion of Oregon Avenue after the Council has asked the voters to decide would involve. the Council as a propaganda agency for one or the other side of the argument. it was moved;. secondesi..and carried that this •correction be made and as thus corrected the minutes of the meeting of April 23:,; 1962., were approved. Project 60-b; Ara.str,adero Road, et al The, City Engineer presented and filed the Engineer's 1 report on Project 60-6, consisting of plans and specifications, Engineer's estimate of cost, assessment diagram, proposed assess- ment, maps and descriptions of lands and easements proposed to be acquired. The .project was reviewed by the City Engineer. Resolution, No, 3497 of Preliminary Approval of the Engineer's ,Report ;was 'i.ntrodueed, and on :motion of Byxbee, duly seconded, wasadopted by unanimous voice vote. Resolutio:i.No. 3498, appointing time and place of hearing protests in relation to the proposed acquisitions and improvements, and directing notice, was introduced, and on motion of 'Syxbee, duly seconded, was adopted by unanimous voice vote. This resolution fixes July" 9,; 1962 at 7:30 p.m. as time oihearing on the project. (Councilman Rus came at this tine, 7:40 p.m., and was'. present for the rest of the meeting.) :Projectw60isl Wellsburg. Way,,,_et a1;. This was the' time for, the hearing on proposed changes andmodifications under .Resolution No. :3493, and for a continued hearing on the overall. project. The proposed changes are: 1) realignment of the 1Mlayview Avenue cul-de-sac, 2) elimination of the turning curve in Christine Drive, and 3) deletion of all improve- ments on Miranda Green. 'Written communications on Project 60-1, which had. been received since the first hearing on April 23, 1962, were read: One was a ietter"frorn Mr. and Mrs. Robert C. Burnes protesting- the opening and ixnpr.overnent of a';segrnert of Colonial Lane. Another letter was'from Paul H Hardy concerning the assessments affecting Parcels;;36 *and 38 for, the opening and ir-ipro`. ernent of Diablo Way.. A .letter regarding the same subject. was received from rouglass' Go�xdh Pr.esident of the Doug Couch Development & Investxriertt Company, a partner .of Mr. Hardy. Mr. Couch stated that they are involve d,in a lawsuit with the owners of an adjoining ;parcel'als.o affected by;,;,thc- project, and .requester the Council again postpone action on the, project because of the impending lawsuit. Mrn Kenneth Jones, of .Wilson, Harbfeld, ,;ones & Morton,!, ' the City's caun.sel on these. proc'e.edings, was present to advise and answer questions. 'He told the Council he has had extended telephone conversations with Mr. Hardy on the matter but has not talked with Mr. Couch;; that Mr.::Hardy's letter relates to the installation of utilities in eas.ernents which have been dedicated and accepted oy the City; thatMr'. Hardy feels he is entitled to reimbursement for the- use of these facilities' by others .and that the assessment;, for the proposed- improvements should be modified. Mr. Jones advised that he had explained' to Mr. Hardy that this is not a problem with which the Council is 'concerned, because the improvements to be. made are surface improvements only, and he was unable to suggest any relief on the first -point concerning the use of the facilities by others. As to the 'second he has been informed by the Engineering Department that the work done to date on Diablo Way will have to be taken out. He noted that Mr. Hardy feels that the costs previously.paid by him for installation of water and sewer mains and for paving should. have: been taken ,into account in the assessments, to be. levied ori the project. Mr. Jones advised that this matter can be considered in connection with acquisition of the rights of way and the eminernt domai_x proceedings, and if at develops that Mr.. Hardy should be:compensated for the improvements previously made and paid for by him, it will be taken into account. .Mr.. Jones stated that he is not familiar with the problems. involved in the private litigation mentioned by Mr. Couch in his letter. Mr. Clark Lyman, attorney for the partnership of Paul Hardy, Douglass Couch, . Chester Maccono and Francis MacconO, addressed the Council with regard to the private litigation , advising that the case is tobe, heard June 1, 1962 and a decision should be made soon after that date. Mr. Lyman stated that in his opinion the assessments on.'the property in question and the compensation for acquisition of the right of way are unrealistic and should be modified.: Reference:was Made by the City Manager to previous consideration and action relative to Diablo Way and to a recommenda �I tion of the Planning Cornmission in September 1960 for the opening of this street.; Mr. Jones, in commenting on the transfer of a private right of way to a. public right of way, pointed out that the City already owns the easements and the:underground facilities, having accepted the easements as dedicated by the owners; that therefore the figure `or cotpensation for'the right of way shouldbe nominal, that the transaction.is.closed and the underground problem is rot before the"' Council ate this time.: 2 suit +fir , sea7 mazz asked that the porti 'ut � ..ri of ¢J c*� ` `��y x».ad 'er 'se 1)0st' 0hed u 336? 0"� ~�'j tzr� by Rc� .ks `�t; : the to tyznhl 'u `d ' Lt 'hit out that' Diablo Council ,` x� sheen considered is xEsa a ny b� earane« city a w �' Spak,t�:. u�t:i ar,� �''a � ���'�,g.n hct�d � 4b ��'���=rE,*zcq�i"dr` trc� ��tro, to 2'1)y a�r,.e� wi ; .ith nw+'p a�. `tstl c ti _t' rh t tPc)x ?n�q st�alo 1ya 1ptjar st c,'o'h fir•- Council ,' I Y�a�4 �r Rus Y WaS then, to r a'ierl (1„ 1+aErtt.S- aunei `txert aid , rR dyes: Arr,ar I�ti `"sS' the Pajazw, Of TfyG, dety e z lole : hop, ` c .ate „ project x3.tly) Ci* ) rt , ��Y�f~ a ��� j cati:,. �. ;., K. h t; thy. �'0)iI^ n'1r a c r i 1:s, ' 1Ji,a 8, ez j . 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I .yf(+ �7 , " furl a fs)'c tX0 s1,�; ,, Vii(. x�,.1 r , v`sed rn.�! , „. rC,;_) ern s; , c, Li n M vY : L' a �, ! stfont �'Qi2Yx�^ lx } .t: ti �s �� a rot 1 ::3 p ©c. ear x1 era s a .�I `��� z z;�;.1/ rze s5 °U Aroje� i .sa t 17..7t.:1:1:: tr ,.ter '.° :1S.4.1 w; _ s, )z` � e y tp �rcJta� �x;. , a arcs 1 tc s na � Cil(� ,. t,.pt�U' . Zr "+,�r lz� '. '�+`� 1f� 'a Pt�4c; �� 4t�`a�t3. ls' t tt� ICal F S}, `f f C`1 the c0 .�, ''(:.rr r1�{ 5.��,Qr Y r 1Cr 5 4' h4�ti2 k?��a - -s0-- t'..;j,t1+ 101'2 was ev a ae 1 ,:. » ash `"a'`s rr7a,�,p:��.uz ed r'1c�s.�,ri-S A suggestion was made by Councilman Arnold that the turningcurve in Miranda Green. be .eliminated, and the attorney advised "that 'this ,could be doneif the Council so desired. After _discussion; it was moved. by Porter, seconded and carried by unanimous Voice vote that the project be modified to include the followi g changes; 1) realignment of Ma.yview Avenue Out -de -sac, 2) elimination of the turning curve in Christine Drive, and 3) elimination of the turning curve in the center of Miranda Green, but otherwise to 'acquire and construct all improvements on Miranda Green as described in Resolution No. 3479 of Preliminary;';: Determination and of Intention, and that the Diablo May portion of the project be continued to August 13, 1962, as previously directed. Resolution No. 3499 ordering the three changes and modifications was introduced and adopted by unanimous voice vote. Resolution No. 3500, overruling protests on Resolution No. 3479 of;Prelim.nar,y Determination and of .Intention, was ixtr oduced,, and on motion duly made and seconded, was adopted by unanimous voice vote. Resolution No: 3501, determining convenience and necessity, adopting Engineer's report, confirming assessment, and. ordering work and acquisitions, as modified in accordance with the changes as ordered in Resolution No. 3499, and excepting Diablo Way, was introduced, and on Motion of Porter, duly seconded, was adopted by unanimous :voice -vote. Resolution No. 3502, determining that the public interest and necessity require the acquisition of easements for streets and storm :drainage :facilities,, the resolution being modified in accordance l with the changes -ordered, was ;introduced, andon motion duly made and seconded, was adopted by unanimous voice vote. Resolution No. 350.3calling for sealed proposal:: on Project 60-I, except for Diablo Way, was introduced, and on motion duly made and seconded, was, adopted by unanimous voice vote. Project 6a-8 California Aye. District Off -Street Parking ResolutionNo. 3504 calling for sealed proposals for the construction of improvements on parking lots was introduced, and on motiomof Woodward, duly seconded, was adopted by unanimous voice vote: f'x:oject 62-3, Sherman Avenue, et al Resolution 3505 of Preliminary Determination and of Intention to widen and improve portions of Sherman Avenue and Ash Street was.introduced, and on motion of Byxbee, duly seconded, was adopted by unanimous voice vote. The City Manager pointed out that '!..he Council had directed the staff to prepare plans for the widening.:ofthese streets, and the adoption of this resolution is the first step`in the proceedings. Stanford "An:nexation::\10 12 This :!.;v•as th; fl.me• .s d'`place set for the hearing ,or, the proposed ante tiation of oertai i uninhabited territorydesignated as "Stanford Annexa,tioix,?v"o 1'2;", bei .g a parcel of about one-half acre ' on the easterly corner ,of Qiarry Road and Arboretum Road. It was stated for,the re:cord:t.hsa.t' notice of the hearing has been given as provided csy law and that affidavits of publica.ior, and mailing are on file in the office of -the City Clerk. It wds reported by the City Clerk that xo written -protests have been filed. The '' hearing, was doctored open. Mr. Thomas Ford, representing Stanford University, was present and spoke briefly in support of th.,e exa+ion.request, stating he would he glad to answer any. que:stic+ns. There being no one else present who desired to speak,, the hearing'wa.s der la.red closed. A proposed ordinance approving the annexation of '"Stanford No 12 , wd_sintroduced., -a.nd on motion duly made and secondead., was accepted for first reading by unanimous voice vote. • A eport,was received from the Planning Commission recomrnend.ing that C-3:S.zoriing be established for the Starford No. 1Z area A proposedordinance establishing this zoning was introduced, and :.on rrz'otion duly made and seconded., was accepted for first leading by ixna.,nia:nous voice vote. In answer to; a;question from Councilman Debs, Mr. Ford advised that 'the.half acxeproposed for annexation i5 part: of the academtic reserve;, butin orderto relocate the service station now on the westerly c.orncr: A>f Q4hry a -d Arooretu.rn, .it was necessary to Utilize the area on the easterly corner and annex it. to the; City. vig t Parking c:frdi a A.letter•was' rec . ivied rror-i Rex E dicc,tt, .Z 1 $ Williams Stec t, requesting .a .eyisirirr. of the t ,.ut. ting night parking Vt_hicleS'cn at.t(.et-s to allow the of night, parking permit:, for pickup trucks The City- tar. t e . lsed that the present ordinance does not provide for the issuar'.cc of a permit i;O commercial: vehicles`. He .said that• the st :tft co ',ci review the ordinance , blit z 'the .regulations were originally e,t blisheci ds the policy of the Council, to keepcommies cial vehicles from parka -.g on residential streets all nigh.. A motion was made by Woodward r:.,d seconded that the request for .revision of the..ot'diriance be dined. Mr. Fndidott addressed the Council sating that he does` not use h .s,pickiip a.s a.co'- rriexc;i:rl vehicle a: -id does not i ta.nd'to use it as su.ch.: • After some discussion, x; was moved ed by Porter and sr cCnded that, the.:ma te. be 7efe:-red ,u tne, staff for review., rnotion`was c led 1y,r ti;t oi.'.t v:�.r.;y y v� Ce or, ro,l call- . r:ii ,}"t Porter p.oc1gcrs;:. Dias Roh:s, .\:.s, Wood,A'; rd e XeeWa 'Wi.LOL� � ' P. Sinclair ---- c received. from S. rSi State' ca ,y�icatiota vaa the adopted tto A regarding hies of palo A hway Engine , wadi in the c t State 1g Free Mated, Assistan V�illa� ftoa�: Clara. and San M Hid Menlo,oute 147 i t of Santa G any conflicting and Nie park :;;and the coun_ie,s the City relative to ;. the G,o,�perati.ax� of route .of the proposed and iVi i iiviS O ,,eiits on or near the rout .of resolutions . or,eS Soap unication and Engineer to subdivibiogis c.otnm State highway bLic fi dya.p f,Qp,es s the tkie Assistant een serif b`l_ City Manager , Superintendent of Pu andsrnap had b ig s.on, . the p�rnng �,orYaxn , the Euildi:ng ir-spectox . lit e "Wnrks• ... no comp xbee stated that there is an By to ;s to be the final route of th,e. Gaurcx r the freeway is • that the route referred to be years ,,efaze we eill be wayeta is asuxazice F,.1eeway, and i* may e year owners Winitr g�,ad„ t a.rLd the p w ens and seconded. • ' � Y' moved by y � way' f or..tom ucte periat ire _,It' was m be State highway, nexiad o£"�t e�.> .. , Governor the a lozAg , to -the Go ghwa, £ox a lett�x, the gElat�xxe. ?rote between that the;`Go�Yr,an sen rese:�tatives in long delay . w3 s involving The motion Gomzxxr��'o�";'�zad representatives `/ construe ti�azi. ` stated xnat extte a uisit on and c Mr. Yyeas niroceure P azxd bcq pias car of rou°es• _. Debs .toting No. tree. voice vate, to con�zx�i. he th. sight t by • referred he thong ht the xx?at'tex should be . A ti.o and filed of proposed anr�exatio :=---7,---7-::::::::::::-::_-_-___-:: -_- ----,---..,... __ c e.ceived �Midci.laneed iti+.Toti w; as for „Church O. $„, 19" and as follo' 4;' me No. rain View, 3 " „Mira. no tG ��`� „Midd�efield-No � � . „Miraznnt=e N i::::,."':....Lr7_•l*i....5:._jx2.z._____s_rri_ "0 --� reported that the Staff -traffic �Giaaxd- Thee City x,,iaragex dexation to the proposed recommended the ended its Amherst .nd- o'' s had given further e be it Am e Terrace and venue. system. for College si ris placed A ad0Ptj0 : y odificatiion that stop g and. 1 eiorl„with.Che i College Avenue adap California Avenue, 2.971 to adopt Street at Ca ending Resolution bounded by 350b 'arse in the area Resolution raffic control system Camino Real and bounded „ward -and -Go" ;Venue, El Cam - and on the California R was introduced, vote. Amherstenu College . as modified, voice Golleg, was adopted by urani'"r'ous • e Texxace�, pveuue-i and Aebs, motion of Arnold fans 1s►. B and G fax Manager Presented Plans by the The: City stems as �� traffic control the area bounded by ,,Guaxd...ffic o. ittee. 'Ptah A barcad. bounded nded, Staff Traffic Goxnz Road, Erse ate and Evexgxe,en Mdd'.efield. T.k Plan B the Southgate Cambridge rRoadair F ue, uito Creek; Boulevard, San ve :ue, Park the area goad and Churchill A and Plan G covers uz,ded: by' , El. Camino Real; East Meadow r Park axeaa,.ba Yed C oad, Avenue by horde. Middlefield R Qxego� Avenue, bounded by 3509, adapting and Alma Street. 350S and No. was a No. 3547, No. and a adn gesoC respectively, were introduced, e motion the and G respectively, shat the three Plans Woodward and seconded made by adapted. Councilman De.bs suggested an amendment to Plan C to provide more stops on; Cowper Street for protection of the schools on that street '.The City ,lvfanager advised that he had checked this with the engineers and,they had, discussed the suggestion but could not'recoxrixiend stopping at a T intersection. He stated that the staff could watch:the results and effect of the plan as recommended, ifit is adopted, ..and that revisions or adjustments could be made later if necessary. It was moved by Debs that Plan C be referred to Committee 1 for further study but there was no second to the motion. The three resolutions No. 3507, 3505 and 3509, adopting Plans A, B and C as recommended. were then adopted by unanimous' voice vote. Mr. R. A.`'Schweinsberger. 2057 Amherst Street, asked if any decisi.on-had been made on the request previously presented by, residents on Amherst Street that the speed -zone sign located just west of Amherst Street on Stanford Avenue be moved farther west to the beginning of the curve'... The City Engineer advised that the City has received permission from the County to relocate the sign. (A recess was taken at this time, , 9:30 p.m., and the Council reconvened at 9:40 p.m..) (Councilman.'Stephens did not return after the recess and was absent for the rest of the meeting.) Parkinj_Restr ction,Hamiltor. near Middlefield The City Manager reported that the Staff Traffic Committee has recommended that parking be prohibited on the southeast side of Hamilton Avenue between Middlefield Road and Byron Street from 4:00 P.M. to 6:00 P.M. Resolution No. 3510 amending Resolution 2971 to restrict parking on.Han—ulton,Avenue between Middlefield and Byron as recommended was introduced, "and on motion of Bishop, duly seconded, was adopted by 'unanimous .voice vote. reernentTwith PG a =&E Joint ,�-...� .,.---•--.�-. ` Line, Fade Mill Road The City Managersubmitted and recommended for approval an agreement with`.the Pacific Gas .& Electric Company for the construction of joint facilities on Page Mill Road from J'unipero. Serra, Boulevard to Arastradero Road', a total distance of 1.7 miles, the Companyto perform the' work axed the City of Palo Alto to pay the' costs. It was , moved. by Porter, seconded and carried that the City Manger be authorized to sign, this agreement in behalf of the City Go11. Pro Contract L R:enevral„ The license contract with Patrick F. Mahoney, golf professional at the Palo, Alto'Muricipal Golf Course, was presented and reviewed by the City;i`I.anager, who advised that the terms of the contract are substantially the same as the previous contract except that the new contract is written for a period of two years 4 11 the instead of three It: was moved by Porter. that the• contract a, be seconded and carried pproved and that the Mayor be authorized to sign it in behalf of the. City. ge schedule Rev=s2oxs8 (Recreation Dept,' The City Manager reported that the Recreation Depart- ment his requested that the schedule for registration, fees for the Children's Theater -classes, Junior Museum classes, Day Camp program and swimming lessonsbe revised as follows: Children's Theater classes Junior Museum c laase s: Day Camp program (4 days . residents only) .wirnming lessons: Children 'Youth Adults (residents only) Present Recommended $1` `ee Feee� $1.50 1.00 4.00 1.50 2.00 3.00 * Note Non.-residents will be double this rate. It, was also recommended by the Recreation Depart that the charge for season tickets for the Community Theater be. raised from $7 00, to $8.•00, and.: that the charge for script books be i creased from "$.14 0:0 to --$-.6.00. 1.50 5.00 2.00 3.00 4.00 .A motion was made by Bishop and seconded that this matter be referred to ,Committee No. 2. The City. Manager advised that the program would be delayed,if the;, fees and -charges are not established now, as summer classes are starting and 'the ticket program is being set up. Councilwoman, Dias, asked the reason for the increase in fees. The City Manager, stated that the Recreation Superintendent feels that the present fees are too low and that it is appropriate to make the recommended adjustments for this summer's program. A roll call vote was taken on the motion to refer the matter to Coxzimittee No. 2, as follows: Ayes:, Bishop, Byxbee, Rus, Woodward. Noses Arnold, Cresap, Debs, Dias, Haight, Porter 'Rodger s , Rohr s . The motion was declared lost. On 'motion of Mrs. Dias and Cresap, the revised schedule of fees was approved, as recommended by the Recreation Department, by unanixzious, voice vote. • 3 a• TheCity Manager reviewed the water program and advised that on. or after June 25, 1962, the City can take water. exclusively. from San Francisco except that city wells would be kept available foremergency purposes. He reported that a rate schedule has been prepared :for discussion, and that the increase - in the, rate. for ,100% San Francisco water would amount to about $2:00` per month .for '85% of the .customers. The contract with the San Francisco Water`Departme :1: was presented. It was moved by Porter, seconded and carried that the City of Palo Alto take. water exclusively from San Francisco as soon as possible,-: that the Mayor be authorized tosign the contract, and that the water rate schedule" be .referred to Committee No. 3, Fire Station No 5 The Assistant, City Manager reviewed the architectural plans for Fire Station No. 5 to be constructed on Arastradero Road, advising that -the, preliminary plans were previously approved by Committee" No. 2, He reported that, if it meets with the Council's approval, bids will be called for and received in time to award the. contract;on-June 25 1962, so that the fire station could be com,pieted and in operation by .November; that it is also planned to call for bids for the landscaping of the fire station area. It was moved by Byxbee, seconded and carried that the plans for Fire Station No. 5 be approved and that bids be taken. for the construction' and .landscaping of the station. ..reenzznt for ,Lail Facilities. The City Manager submitted an agreement between the City and the County of Santa Clara for jail facilities. The provisions of the agreement were r,eviewed, and it was explained that the jail facilities owned and maintained by the County will be made available to the City for the care and detention of prisoners sentenced to. jail for violation of municipal ordinances, and for the holding of City prisoners for arraignment and trial. It was moved, seconded and carried that the Mayor be authorized to sign the agreement in behalf of the City. Councilman: Byxbee asked if it would be feasible to remodel the jail; in the Police Build ng for use by the Police Department. The Assistant City Manager advised that the staff has prepared a space utilization. plan for the space being vacated by the Municipal -Court on the second floor of the Police Building, and this additional space will be -available to the Police Department. Fund Transfers Projects 48 ,9 - and 54-8. The Assistant City Manager reported that the staff has been working with the bond counsel to effect a plan whereby surplus funds in project accounts could be used for purposes of benefit to the properties within the assessxrtent .districts formed for such projects, and that resolutions of intention to make fund transfers have been prepared in connection, with three projects, the resolutions providing for hearings to be held on the proposed transfers of funds, Resolution N,. 351; o . 1 Project; 48-9, California Av'::..L..e ort motion.of Pyxbc. duly ,sec o -„d 'd �o � :1". , vote. The surpl"+1s'in the f,noo:ov.ern A ,: (a 'r,.[ ,l' i 'r $4,643.49. l.esoiution No, 3512. ul .:<i:. ,, ;o1..ke 1•'t.:^.c: *ra'.:,;,fer, Project"5.171,. Third: Stre ;t, et a,l; was n •c;ru : c!d, or: sotlot, of Byxbee, duly sec:orded, was, adopted by unanirno,ss voio+- vote, The surplus, in t1 e Ixnprovernent Fund for Project 1 " 1 is .$1 1 , 314.31 .Resolution No. 3513 of Intention to Iviake Fund Transfer, Project o4:-8 : Street Lighting Re'eor.ctructior. District III, ,,vas introduced, 'and.ort Motio;, of Byx e ; duly seconded, w•a.s adopted by unanimous voice. vu e. ...Tne surplus in the ImprovementFund for Project 54-8.:s' $3,.a42;'Z . Each. of rhese.th;r.4e resolutions dec(ar s it is the intention to transfer the .surplus from the. Irn.prove ment Fund for said projects to the General. -Fund of the.City, 'and to appropriate said iunds, after. their .transfer'. to the General Fur,d, to purposes of benefit to the properties within the. bqux.dat'lesof the assessment districts for said, projects The resolution:s fix . u :e 25;. 146".2, at 7.30 p. rn. as tirrie for hearing ozi the, propo5ed transfers cf iu,ds_ (Councilman Bishop left it this time Inci vas absent for part :of t e meeting. ) Zone Chan e A 1 cation (C,rebme.er Land Deve o merit Co. 4 ii1ilza. Le cYi U o=l« A report was received from the Planning Commission .' unanimously recommending approval of the 'application and revised, plans of the Grebrneie= Land Development: Company for a change of distract from R -1:B -8::A to P -C for the prope.•ry at 4150 Middlefield, Road, being a portion of the Rancho Rircor de San. I ra. cisouito,, subject to the following conditions: a) `Perm.itted''Uses;: Permitted uses shall be as specified; on tfie approved Development Plan. Building A.'shall be designated exclusively for use as a bank. The uses` of the Administrative -Professional buildings, „(B and C) shai'.;.,be in conformity with Section 8B.02(4) and (d)'and Section 11D.02(L-), Su'osections (3'), (4) and.(6:) of Ordinance No. 1324, the Zoning Ordinance. b) Nature of'Develoomert: Off-street parking, traffic ci:rrulatior.,:. larLd:s.caping,, building location, dimensions and height,' and other improvements shall be sub- stantiially as indicated on the approved Development Plan.' and on the specification sheet which shall be ;a.. tart of the t eve•iopraent Plan. rc)LITAIssiley Vehicle Access: The driveway from the Byron Street cul-de-sac to the Administrative Professional building parking area shall be forr the', exclusive use of, emergency vehicles of the City of Palo. Alto and shall be kept closed by a locked gate. In accordance with Section 9A. 15 of the Zoning Ordinance (A -R. District requuir ments e) Exte htinAL Shall be designed, constructed and'installed,in such a manner a$ to protect neighboring residential properties. f) Fire. Protection Adequate provisions shall be made, to insure fire protection as determined by the Fire Chief. g) Development Schedule: Construction shall start within 15 months of the effective date of Council approval. The plans and proposed P -C development were displayed and reviewed by the Planning Officer. The Mayor acknowledged receipt of a petition from the: Greendell Homeowners' Association opposing any zone change, for. the Grebmeier property, and a letter from the Greendell PTA also opposing the proposed zone change. Mr. Arthur Smith, 714 Charleston Road, presented to the Counci„ at this time a copy of petition ,previously submitted to the Planning Commission -from resident; of Charleston Gardens opposng the request for rezoning and the proposed P -C development because of increasedtrs.ffic hazards adjacent to schools and the effect on property values and the residential nature of the community. The petitioners requested no change be made frorr R-1 zoning. Mr. Williaim: A; Love, attorney for the applicant, the Grebrneier Land Development Company, addressed the Council in support of the application. He pointed out that the original proposal had been modified `after .objections had been raised to a proposed restaurantand; high-riseapartments, and that the present proposal provides for a bank, office building, and apartment buildings with a total of 28 apartment units. Mr. Love urged the Council to give serious consideration to the zone change and P -C development as unanimously recommended by the Planning Commission, advising that the applicant has :tried to find a solution to the development of this property and has submitted a number of plans; that the applicant does not feel that it is desirable R-1 property. It was moved by Woodvra.rd, seconded by Cresap, that the recommendation of the Pta,nrirg Commission for the P -C zone change and development be upheld. During; the ensuing discussion questions regarding access and traffic circulation were raised. by Councilman Arnold. Councilman Rut spoke of the heavy traffic in. this area at present; on Middlefield and San Antonio Roads, and opposed the proposed P -C. zoning;. and development. He thought there should be other ways to -solve• the' probkcmi;without• increasing the density.' At this point Ivir, FranciSKeneshea; President of the Greendell Horn owners' A.ssocfation,';totd the Council they were in agreement with the views exprelesed by Mr. Rus Councilman Debs asked if an R-2 develop neenthas ever been considereeVfor the property zn question, and: the Planning Officeradvised that there has never been an application for duplex zoning He said that various street patterns have been considered: at .times for an. R-1; development. Mr. Debs commented that he agreed with Councilman 12,u ' views and would vote against' the rnotior.- Counci wc.na'Yan' Dia:> asked the Planning Officer if he considers the nropo'sed dtveloprrienr to be suitable for the area, and the Planning Officer replied tha,t. it is compatible with R-1 ruses;. that this has bee;n,a proble•r'n a -ea acid he was of the opinion that a grouping .of single family dweHH.ir.gs would not be the best solution, Gordon Newell, 4115 Mackay Drive, spoke as a rLpreseratatxve of the Fairfield Homeowners' Association, stating they feel this is a rnajor problem of planning. 'fney asked that the area be kept R-1 and objected to apartments. Dave Davison., 2424 Burnham Way, representing United Palo Altans, told the. Council that his group ,supports the residents who are protesting the zone, .ci ,nge- and proposed. development. A roll call vote was then taken on the rnotion to uphold the recommendation of, the: Phr„ning Commission for the zone change and P -C development plan, and the vote was as follows: Ayes: Cresap, Woodward. Noes: Arnold, By%be.e, Dens,, Dias, Haight, Porter, Rodgers,' Rohr:,, Rus. The;rnotior: was decIn.red last. Peninsula Transit Lines Agreement for Bus Service A report 'was received f,-orn Committee No. 2 recornrnend- irg:that the,,agreement with the Peninsula. Transit Lines for mainten- ance of bus `:service in 'PaloAlto be approved as amended. It wasmoved by ' Wood:waz'd, seconded and carried that the agreementbe'aoprovr.d aria that the Mayor, be authorized to sign it in behalf of the City: (CounCilrnan Bishop returned at this tirrte, 10:4'5 p. m and wars present for the rest of the meeting.) Clinical Research Center' A `re'portwas received from Committee No. 4 ,recomrriend- ing that: the third.: floor, West of the Palo Alto -Stamford Hospital' Center' (Palo:Alto: Pavilion) be ,made available for the Clinical• Research Center. Councilman Rohrs, Actin; Chairman of Cornrinittce-, No 4, reported that the research.pr.oject will be financed by the. `NaL'ional Institute,``of }iealtn,, that there willbe an exchange of beds, and a certain- number of beds it the Stanford Pavilion will be designated for u'se,by. Palo; Alta people in place of those to be used by the,Clanical Re'seai,ch Center;; that the project will require,thc rnov,,14, of the n:;t:i ery;o i the: third ,floor andcombining it with the nnrsery in the:Sxanforcl P.vitiox, which wilt be done- at no cost to the C.zty:. A motion was made by Rohrs, seconded by Arnold, that the recommendation of Committee No. 4 be adopted and the third floor West' of the .Palo' Alto: Pavilion be made available for the csta.blashrr ent Of the, Ciinicai Research Center. ,.332. After discussion, the motion was carried by the following vote on roll' call: Ayes: Arnold, Bishop, Cresap, Debs, Dias, Haight, Porter, Rohrs, Rus. Noes Byxbee, Rodgers, Woodward. Hospital Planning' Consultant praposea Councilman Debs' stated that in his opinion it is time that a study is rrnade: of the overall hospital situation and suggested that consideration begiven to hiring a hospital planning consultant to look at the hospital needs for the next five years that the City should; determine where it fits in with the medical center which is bound to grow,:.and find out "where we are going". It was: moved by Debs that the matter be referred to Committee ;No. 4 to consider the possibility of selecting a hospital' planning consultant. The rnotion,was seconded by Woodward who agreed that "we should know where we are going"; that the Council should takea good look" at the whole situation and hire a consultant to make a: study as suggested., An/amendment to the motion was moved by Porter that the matter be refered to Committee No. 4 for discussion with the Hospital" Board,. The Mayor made a statement at this time, saying that-: he thought the Council should be grateful for the hospital facility and that we have a competent: Hospital Board; that the Board has done a Herculean job and should be supported; that the hiring of a consultant would be far from a vote of confidence; that the Council should be proud to have, the institution in Palo Alto and the Board should be extended a vote of confidence; that he feels the facility will becorne one of the.great, medical centers of the world. Councilman'Debs stated that it is precisely because it is .going to, be a great medical center and the need for beds will increase, and because.of his respect for the Board that he made the motion; that "we should find out where we are going"; that he thinks it would be a help°to the Board and a help to the City in the long run to have a co.nfsultant Make a study. Councilman Woodward commented that he thinks the Council has the'bbligation to tell the people where we are going°' Councilma.n Cresap pointed out that it is the function of the Board to operate the hospital center; that the Board has considered -hiring .,aconsultant `themselves; that he could not see any advantage in having the City make a study. The amendment' was withdrawn by Councilman Porter. A roll. call vote was then taken on the motion to refer the matter to Committee No. 4 to consider the possibility of hiring a hospital consultant; and the vote was as follows: Ayes: Byxbee, Debs, •Dias, Rodgers, Woodward, Noes: Arnold, Bishop, Cresap, Haight, Porter, Rohrs, Rus. The motion was declared lost. (Councilman Woodward left at this time and was absent for the rest of the meeting.) A repora was received from Committee No. 4 recommend- ing approval of the budget of the Palo Alto -Stanford Hospital Center for the fiscal year 1962-63 .as submitted by the Board of Hospital.` Directors. CounctlmanRohrs, A'cting Chairrnan of Committee No. 4, reported on the .committee's consideration of thy., budget and or.. p questions and answers regarding the budget, copies of which hadoeen sent to all council rnem,bers. He moved that the budget be approved; as recommendedby the Board and Committee '.o. 4, and the motion'. was seconded by Porter. Councilman Byx,bee raised .i question regarding additional employees as proposed, in the budget., and the need for increase in personnel was explained by Oliver D< han, Hospital adrni,nis:trator. Councilman Byxbee expressed concern over the • financing of the opening and renovation of the old Hospital and suggested it might be advisable to make a reduction in the budget and use the money saved ir. this way to help finance the opening of the old building. After discussion, the motion. to approve the budget as recommended was carried. -C Develo ment' Ptnn Amendment, 3176 Middlefield Road A report was received from the Planning Commission unanirn.ously recommending approval. of the application and revised plans of Andrew G. Ferzney, Walter J. Harrington and Donald C. Zepp to amend the P -C District at 3176 Middlefield Road, being a portion of Lot 51, Wooster Subdivision, subject to the following conditions: - (a) Permitted Use 12 apartment units as indicated on plan. (b) Structures: Height: One story or 15 feet. Setbacks: Front - 28 ft. with minor projection to 26' 6". Side - 10 ft. each side. Rear - 20 ft. (c') Site: Total Lot Coverage: 11, 225.75 sq. ft. or 39.8%. Open. Green Area Per Unit; 1,272 sq. ft. Landsc:a:tirg in accordance with established standards. Driveway and carports as indicated on plan,: (d) Off -Street Parkin, ;: 24 covered spaces (under apartment units). (e) Sig.s In accordance with Sign Ordinance for an .R-3-0 District. (f) Development Schedule: Start of construction within six (6) months of date of approval. Resolution No. 3.114 amending Ordinance No. 1987. which established P -C Zoning lor,tie property at 3176 Middlefield Road, was introduced and on motion of Porter, duly seconded, was adopted by una.nirnous voice vote. 354 $ubivision. Mai, (Martinsen) A report was received from the Plannin. � Commission un.a.nit aously recorntriendir_g approval of the final map for the property of Nick 'vlar'tinsten ort,th. +vesterly side: of Cowper Street generally betwee Gary Court.and Lorna Verde .Avenue, being resubdivision of i t 25ar:d portion of Lots 24 and 28, Wooster: Subdivision, subject to grantir.:g put�lir utility easement as shown in red on ma. Resolution No:: .353.5 approving this ii^al'nal, was introduced, ; arid Or motion ;of Potter a.nc1 F3ish+.�2a, was ad,)rxtcd by una Si oils voice vote.' Final M'aniTract. No. 3224 Areport :w xs submitted by the Planning Commission unanirrxously. recorrimc:zkding aoprpval of the final reap for 'T'ract No. 3224, a`s presented by th.4 W. G. Yourieff Construction Company.,. covering a, condomini un •subdsvisi,on of apartments at 518 and 528 'Everett. Avenue, berg portion of Lot 1, Block 36, University Park. Resolution No. 3516 approving the final snap of Trot No ;3224 was int:r,oduced, and on motion of Porter, duly seconded, was adopted by unanimous voice vote. $,ud w'ission Map of "Tan Village':, Tract No. 2313 A'report was received from the Planning Commission unainirnousiy'rccormmezidzng approval of the tentztive subdit, ision mapas presented hY- the Tax larid Cornpany for "Tar, Village being a resubdivision of TractNo, 407, Amarillo Village. The Commission also unanirr ous y—recorrimended approval of the final reap of Zan Village " Tract NO:: 2313. - A property:°owner in the area, who did not give her nacre and address; spoke briefly' to the Council, objecting to the proposed apartment development :and asking that R-1 oring be applied to the area, _t,was, moved by Rodgers, seconded and carried that this subdivision-:raap:z?e referred to Committee No. 1 for review. Extension of • krian Contract A report. was submitted by the Planning; Commission `. unanimously recommending that the contract for planning services with Charles Luck, man ASsociates, be amended to extend the time within which the General Plan shall, be completed to August 15, 1962, the Commission stating that it believes that theworkstill to be done falls within the scope of the original contract. At the suggestion of the City Manager and on rrxotion of Porter, duly seconded, ti ":s item was continued to the next regular meeting on June 11, 1962. Annexa - of Notice of, n a`knowleog" g of Territory of Nois �j� 1 I � „ FYaf.;,on Resolution : O. L :rc+r the Annex affidavit of Petition *dc: 6'', and 3n a` was n to" Ciirct? ate 'a Ar1Y"exatior. ' petition, avi Intention Camino 1 an at the P unanimous: hated as .. , anti approving, circulation adopted by desalt thereof, tied, was lion it e`i' dui Seconded, putylsca . , and on motion duly voice vote, Amendment eat Pracedurw Code Am-• irn rcirMem�--._,...----�".�— .. �paio Alto Imrxavexn+' a.rnend.irsg (Sections 4 and ante No,. "L075, procedures i�" to annexation p n districts, was • relating 2xKin�, seconded, was Procedure for the conso-idation of p Ybee, duty �7 fl . ta; F' oxide and on %notion of By., given second reading, vote. adopted by unanimous voice Ordinances re sin of o endrxients rr_ -- 1$.'',.0 and 1$. .—=-�---�"os 'ordinance amending Sections of dogs was A �xopvsed 'ordi regulating the licensing � , of the 22. x,ce NO • �' advised that the purpose of .Codified xhe Attarne} w t h State and City presented 's t City conflict bet aznendrnent is to eliminate a; regulations. proposed seconded and carried that the p it was moved, seconded ordinance be accepted` for first of ?ins 408.5> 408.6 ....----,-7--..-............ . ---" easing Sections of claims,. ordinance rep regulating the filing A he Ad ed Code advised that g of the .A Administrative Attorney a conflict ds . The City and 40$. xesented. to eliminate 00 days. was e necessary within 1 the against the,City th hung °' s sections is .filing � claims the repeat of theses for inif ca im Code. State law which -providesit the Aden with the � days �.s Provided instead`of 9' end carried that the proposed mgved, seconded �.t was. first readin4X accepted for et alb ox danan,ce be v s. I.niL�ata -Case Fletcher r:t al rti�.��ic�r��o� _,,,,._....---� the of the City agenda was th- and a .....,..._ ori.the alt .. et al, t itexr, ,. et al vs. Porter further The hex of . 'le'' c.he f the case ebs that the Council discontinue oefare the Attorney f cilman.D ordinance request of cairn and put initiative 31 action 0�1:thi5 case 1.e5 he approval of voter n. like, with t that he would regular The MaYox ;stated until the next '$ Appellate natter continued the decision of the APP to,havc this' , 1962, e available the Gauncil.,; 1 .: Would b b eed n . City's ,, for a rehearing ilea. Counc`ireg the Caty,s. request seconded this aiding' was made and Court regarding A motion. Y that time. 19hZ. s.. Tune 11 two question se, to City Attorney give an answer ebs asked theY� of Appeals must g that the .. �,a:1fwhich.�T e 'District Court replied by which. the The City Attorney Which the City l�. the time: form' rehearing. 21 The time by reptie,d St r uTle, $.r', 17'62. The City Attorney to the i e we.. :to e Court. Court rziust answer _ r,nust file an �;p�eal,fo thc':Sv.prern that the . appeal to the. Supreme Count must be filed by June 18, 1962. A notion was made by Debs that further legal action on this case be ,discontinued. The motion was declared out of orde A roll call vote was then_ taken on the motion to continue the matter, to June 11, 1962, as follows: Ayes: Arnold, Bishop, Byxbee, Cresap, Haight, Porter. Rodgers, Rohrs, Rus. Noes Debs, Dias. 'The motion, w<.s carried and the matter continued to June 11, 1962.. Mrs. Enid Pearson asked if the people who sponsored the ,petition would be allowed to speak at the June 1lth meeting, and the Mayor answered that any one ir_terested in the matter could speak at that time when the mater will be discussed. (Councilmen Rodgers and Byxbee left at Lhis time, 1.1:25 p.m., and were absent for the restof the meeting.) Clairns .for: Da:rna es A report was received from the City Attorney on the claim. of Thelma Sweeney in the sum of $10,250 for injuries alleged to have been sustained in a. fall on the sidewalk on the north side of East Meadow Drive, between, Waver ley and South Court on January _1 1 , 1962. The City Attorney previously recommended that the City Clerk be authorized to`•notify the claimant that her claim fails to comply with the provisions of.Section 711 of the Government Code. The City Attorney now advised that he would like to change his recommenda- tion; that in his opinion it is not a proper claim against the City and he recommended it: be denied. Reports were also received from the City Attorney on the following. claims: 1)'Clairrnof Robert W. Williams in the amount of $3667.4 for damage to autorrobile resulting from a collision with a police vehicle. 2) Claim of Village Cheese House, 157 Town and Country Village, in sum of $366.50 for damage due to flooding of the store when water backed up from the sewage system. 3) Ciaira of _Mic1iae;; H. We ss in the sum of $100.00 `for daxriage to automobile' caused by a fallen City tree.. The City Attorney reported that he ha concluded that. these claims are not proper charges against the City and recommended they .be denied. It was moved by Porter, seconded and carried that the., 'City Attorney's reports be accepted and that the four clairns be denied in their entirety. C�� � that carriedby t%.; fl Y"'� ter, , second d ah , c ,at;i�'�''y It •N 'movedvote that t this g •rap`s' f e, of � to t voice AQ�� °f" �.a��y the City C° �2, tax roll: ro1.1..er, for the ����� � L -was •x��'�'a� C� df-refrom the �.?6� � ��Y deeded. ellatior of the fc��io`ni1 al-awl-tits covering 1�.operty d ed �16�,'�; $�.��' � accepted. by t.�.x d bbg4 l t $ .-- M a°tx°ilew «p �7£ the u the City °C� A°e°` . gtilc+' a : Cie was Made �„ e��al Qxo)c t , Y osp exper'de MQ e C 00 tram the SP w rose 40,000 h� been e u£re- o fie. t Abe pproprla ou fat- ik $ ed,ed to the Trleats for transfer . s d ` ° to at 5?- e a w,l r be he n� �� ,; the pA znp°"t`�d h�,t '� and �txg;e t ° fed a £5 city by 'Parcel a , do <xi the �9bi• n.1• 11t ` 5 L, ,10, $LA9.16, s action of April 6, 6 for .e ih. awl City of �� A1t° £c,x' 5tDit1.14o, 13(532., der: £ ?�Ao� GgYzzp°t� i 'i� o. a e. . fiy >' io � � .� x�d Ctq, ��c. ,�,t b .n + Bch x TY��S'��b 14f T yt o au n,ec or S" �t as-iii.er•t-, credit to be given. co asstate s.en.t`'orAy ecGr'dea :b.e c ncel lec ti.v 4ce w e:� T� ` - ale T _r _ „c �• ,' 1).-, "--' i �4 ‚.�`7 ` C.t7 "e.:I al : the 'cv i� 7� �ffic`rtYy ,ex�e d oh xle �L�UCr o 0.'S'�1 �' x! L+J`31•c: 1 `h�• e held O w Overpass). Qir,.v fir} �t � i�Ps� t the pit the ic;e. � �� �� o£ e��=Y' xz1°�Ct. �� r �; ��te Yt).�.Ce ve. <�y �. �Y,,1�,1a C cc en T.o lrn .e *he cornra �zr daY p;� . re C2W Vdedr ' x"• ��. c ;ctGe:y:.:1_,(.:'„/„.1--1,1,73.;7.tiip,i•tce‘..vd:?:tv:i e'lpr e sebe xn Go��c��_ .T. .he re � �� W a^ _aV-C l� the raee,i., ; \e before the ljtiSl''ky5 to Yi ;5y p' w aa)au�'"''d o- 1 4