HomeMy WebLinkAbout03111968City Hall
Palo Alto, California
March 11, 1968
The Council of the City of Palo Alto met on this date at 7:30 p. m.
with Mayor Dias presiding.
Present: Arnold, Beahrs, F3erwald, Clark, Comstock,
Cooley, Dias, Gallagher, Pearson, Spaeth,
Wheatley
Absent: None
Approval of Minutes
The Minutes of the Council meeting of February 26, 1968 were
approved.
Hearing - Green Acres II Project No. 66-6 (CMlt 219)
Mayor Dias asked for comment before opening the Hearing on
Green Acres II Underground Utility Conversion Project No, 66-6.
Bond Counsel Jones stated that bids on the project had corne in
higher than anticipated, and therefore, the Council can either
authorize an additional City contribution to make up the difference
between costs previously indicated to property owners, or the
Council can direct that the difference by made up by an increase
in the assessment to the property owners. In the first instance, the
Council may proceed with the project at this time, but if assessments
are to be changed, property owners would have to be notified and
another hearing date set.
City Manager Morgan presented d his report on bids of March 7, 1968
noting bids were received for specified-iterna air¢rnat prop sals.
He stated that the staff recommends a single award to the lowest
overall bidder in order to avoid any possible confusion arising out
of having more than one contractor working on the same project
to achieve a higher level of project effort.
MOTION: Councilman Arnold moved, anti it was duly seconded,
that the Council declare itself in favor of using the engineer's
estimate as a basis for the cost of the project to the property owners
and indicate its willingness to increase the City's contribution by
$16,433.
Councilman Spaeth stated on this specific item he will not
participate in the discussion nor vote, because he is a resident
of the assessment district. However, he will take part in the
consideration of the total City project.
The motion carried unanimously by voice vote., Councilman Spaeth
abstaining.
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MOTION: Councilman Arnold moved, seconded by Beahrs, to
request the Clerk to include in the Minutes the sense of the Council
on legislative intent in connection with the motion just passed.
The motion carried unanimously by voice vote.
Intent of Motion: It was generally agreed that Council members are
willing to proceed with the Project with the cost to the property
owners to be as originally indicated in the engineer's estimate.
Howe-ier, it is understood that the amount of $16,433, which
represents the difference between the engineer's estimate and the
low bid, is being paid by theCityat this time in recognition of the
fact that Project No. 66-6 is a pilot project, and with no experience
it is difficult for both the engineer and for the prospective contractor
to make an accurate estimate. _ The Council does not intend that
its action in increasing its contribution at thie time will set any
precedent regarding future similar projects.
Mayor Dias declared the Hearing open.
City Engineer Witbeck referred to his report which was submitted at
the meeting of February 5, noting that he has nothing further to
report at this time. Mr. Witbeck replied to qiestions from Mr. Jones
regarding determination of benefits to the property owners and
assessment being in proportion to benefits.
City Clerk Klamrn read a petition of protest and the names of the
21 residents of Maybell Avenue and Maybell Way who had signed
it, noting that seven letters had also been received separately from
among those who had signed the petition. Mrs. Klarnm also read
protests from F. L. Pennock, owner of property at 651 and 653
Maybell .Avenue.
In addition to the protest, Mrs. Klamm read a letter from six
residents of Frandon Court requesting that their area be included
in the -assessment district.
Mr. Witbeck stated that the written protests represented about 12%
of the total district, and about 66% c` those in the Maybell Avenue/
Maybell Way area.
David Coward, 4162 Willmar, Palo Alto, past -president of the
Green Acres II Association, stated that the residents of Maybell
Way belong to the Association, and that a poll of the membership
regarding underground utilities revealed 80% favored it. He urged
the Council to proceed with the project.
John McDonald, 663 Maybell Avenue, Palo Alton signer of the
petitionnspoke in opposition to the project, and at his request,
Mrs. Klamm read his separate letter of protest.
R. L. Comstock, 416 Maybell Way, Palo Alto, spoke in support
of the project.
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3/11/68
Eugene Heck, 649 Maybell Avenue, Palo Alto, a signer of the
petition, spoke in opposition to the project, and at his request,
Mrs. Klamrn read his separate letter of protest.
Charles Humphrey, 4161 Maybell Way, Palo Alto, spoke in
opposition to the project.
W. J. McLaughlin, 698 Maybell Avenue, Palo Alto, spoke in
opposition to the project and replied to questions from the
Council regarding sidewalk installation.
Jean Craton-Neher, M. D. , 675 M<^ybeII Avenue, Palo Alto, spoke
in opposition to the project and suggested appointment of another
citizens committee to rethink the planning.
There being no one else who wished to speak, Mayor Dias declared
the. hearing closed.
MOTION: Councilman Arnold moved, seconded by Pearson, to
reduce the assessment to zero and delete from the contract
the work on Maybell Avenue and the easterly corner properties
on Maybell Way.
Councilman Arnold then withdrew his motion in order to reopen
the public part of the hearing and permit a member of the audience
to be heard.
Henry Moore, 4100 Donald Drive, Palo Alto, urged the Council not
to delete Maybell Avenue and ?,Maybell Way from the assessment
district.
Mayor Dias then declared the hearing closed.
MOTION: Councilman Arnold moved, seconded by Berwald, to
reduce the assessmentto zero and -delete from the contract the
--work on Maybell Avenue and the easterly corner properties on
Maybe1l Way.
Discussion followed concerning the possibility of a "catchall"
assessment district being formed soon which would include side-
walks and curbs along Maybell Avenue as well as other "Islanc;s"
in the City which require improving.
The motion then carried on the following roll call vote:
Ayes: Arnold, Berwald, Clark, Dias, Gallagher, Pearson,
Spaeth
Noes: Beahrs, Comstock, Cooley, Wheatley
Mr. Jones stated that the electrical fund should be formally designated
as the source of the $16. 433 increase in the City's contribution.
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3/11/68
MOTION: Councilman Arnold introduced the following resolution
and moved, seconded by Beahrs, its adoption:
Resolution No. 4088 entitled "A Resolution Ordering Additional
Contribution Green Acres II Underground Utilities Conversion
Project No. 66-6"
The resolution was adopted on the following roil call vote:
Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Cooley,
Dias, Gallagher, Pearson, Spaeth, Wheatley
Noes: None:
MOTION: Councilman Comstock introduced the following resolution
and moved, seconded by Beahrs, its adoption:
Resolution No. 4089 entitled "Resolution Overruling Protests"
The resolution w s adopted on the following roll call vote:
Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Cooley,
Dias, Gallaghee, Pearson, Spaeth, Wheatley
Noes: None
MOTION: Councilman Comstock introduced the following resolution
and moved, r econded by Beahrs, its adoption:
Resolution No. 4090 entitled, "Resolution Authorizing Execution
of Paci€ic. Telephone and Telegraph Agreement"
The resolution was adopted unanimously by voice vote.
MOTION: Councilman -Pearson -introduced the -following resolution --
and moved, seconded by Beahrs, its adoption with modifications
as noted by Mr. Jones:
Resolution No. 4091 entitled "Resolution Determining Con-
venience and Necessity, Approving Engineer's Report and
Ordering Work"
The resolution was adopted unanimously by voice vote,
MOTION: Councilman Wheatley introduced the following ordinance
and moved, seconded by Beahrs, its approval for first reading
with modifications as noted by Mr. Jones:
"Ordinance Establishing Project Areas as Underground District"
The ordinance was approved for first reading unanimously by voice
vote.
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MOTION: Councilman Pearson introduced thl. following resolution
and moved, seconded by Beahr s, its adoption_ with modifications
as noted by Mr. Jones including the name of St. Francis Electric
Company:
Resolution No 4092 entitled "Resolution of Award of Contract"
The resolution was adopted unanimously by voice vote.
(The Council recessed from 9:58 to 1.0:14 p.m. Councilmen Beahrs
and Cooley did not return)
Hearing - Underground Utilities District No. 5
MOTION: Councilman Comstock introduced the following ordinance
and moved, seconded by l3erwald, its adoption:
Ordinance No. 2411 entitled "Ordinance Amending Section
12. 16. 020 of Chapter 12. 16 of Title 12 of the Palo Alto
Municipal Code by Establishing Underground Utility District
No. 5"
The ordinance was adopted unanimously by voice vote.
Excavations, Grading and Fills
MOTION: Councilman Wheatley introduced the following ordinance
and moved, on behalf of tr,e Public Works Committee, its approval
for first reading:
"Ordinance of the Council of the City of Palo Alto Amending
Chapter 16. 28 of the Palo Alto Municipal Code re Excavations,
Grading and Fills"
MOTICIN: Tn.,r.ei marl i"nrrttitork moveri*_ and it wad fit:�ly. aarrorAdaa
-_-a�.�-'a-sva� --vv�.-..-.a.o. s.�_..-�-r-__ __...____ _.�_a___ __ _.w ■
that the members of the audience who wish to speak be permitted
to do so although there is a motion ber^re the Council.
The motion carried unanimously by voice vote.
Thomas Jordan, Jr., 716 Holly Oak Drive, Palo Alto, President
of Breen Foothills Committee, requested the Council to amend
the proposed ordinance to change 1-!/2:1 to 2:1 in Section 16.28.210
(a), and also in Section 16. 28. 220 and in Section 16. 28. 210 to
delete all words after "except" or clarify the intention. Mr. Jordan
gave copies of the general grading requirements of the City of Los
Angeles to the Clerk.
Henry Parker, 430 Kingsley, Palo Alto, suggested adding that these
standards would not be required for City roads, Assistant City
Attorney Meaney referred Mr. Parker to Section 16. 28. 050 in
response to the suggestion.
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3/11/68
Ellis Jacobs, an architect with an office in Palo Alto, recommended
the grade permitted be such that slides are prevented.
Mrs. Nanette Hanko, 3172 Emerson, Palo Alto, urged the inclusion
of buffers and some requirement that natural terrain be saved.
AMENDMENT: Councilman Clark moved, seconded by Arnold,
to add to the end of each paragraph in Sections 16. 28. 210 and
16.28. 220 the following: "Request for waiver of this requirement
may be made to the City Engineer by presentation of detailed
plans along with appropriate substantiating evidence to support
justification for such a waiver. The City Engineer shall have
authority tc grant such a waiver when four or less building sites or
adjoining properties are involved. For subdivisions of five or more
parcels, the granting of suchwaivers roust be finally approved by
the City Council after review by the Planning Commission."
Diryc1 e :ic.i-loi1owed, and Assistant City Engineer Pa sios'ai and ML.
Meaney replied to questions concerning whether a stied exists for
guidelines for the City Engineer, the purpose of the entire ordinance
and whether aesthetics may be properly considered if its purpose
is to protect property from erosion.
ADDITION TO MOTION: Councilman Clark added, with the consent
of his second, after "substantiating evidence" the following: "which
will include a written opinion of a soils engineer, certifying that
he has investigated the site and that the proposed deviations will not
endanger any property."
The amendment carried by majority voice vote.
AMENDMENT: Councilman Pearson moved, seconded by Comstock,
to change 1-1/2:1 to 2:1 in Sections 16. 28.210 (a) and (c) and
16. 28. 220
At the request of Councilman Comstock, Mayor Dias ruled each
change would be voted upon separately.
Discussion followed, and Planning Commission Chairman Stornquist
replied to questions regarding the Planning Commission hearings
on the subject and his personal opinion in regard to the ratio required
for excavation.
The first part of the amendment failed on the following :roll cal: vote:
Ayes: Comstock, Pearson, Spaeth
Noes: Arnold, Berwald, Clark, Dias, Gallagher, Wheatley
The second part of the amendment failed on the following roll call
vote:
Ayes: Comstock, Pearson, Spaeth
Noes: Arnold, Berwald, Clark, Dias, Gallagher, Wheatley
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MOTION: CouncilrnanComstock moved, seconded by Pearson,
to delete in Section 16. 28. 210 all of (e) and everything in (c)
after "property line."
Discussion continued and it was brought out that the amendment
made by Councilman Clark and adopted by the Council covered
this section. Councilrna.n Comstock then withdrew his amendm gat.
The ordinance as amended then was approved for first reading on
the following roll call vote:
Ayes: Arnold, Berwald, Clark, Dias, Gallagher, Spaeth,
Wheatle y
Noes: Comstock, Pearson
University Avenue District, Civic Center Off -Street Parkin
oa c ____6_6_ __ __.___ ____• ______________
California Avenue District Off -Street Parking Project No. 65-9
Councilman. Arnold requested permission to consider at this time
the items on the agenda regarding parking districts. There were
no objections.
MOTION: Councilman Arnold introduced the following resolution
and moved, seconded by Comstock, its adoption:
Resolution No. 4093 entitled "Resolution Providing for Issuance
of Bonds and Directing the Levy of Annual Assessments to Pay
the Principal and Interest Thereof, University Avenue District,
Civic Center Off -Street Parking Project No.. 66-8"
The resolution_ WI-, - ad pi .ca on the following roll call vote:
Ayes: Arnold, Berwald, Clark, Comstock, Dias, Gallagher,
Pearson, Spaeth, Wheatley
Noes: None
MOTION: Coutncilman. Arnold introduced the following resolution
and moved, seconded by Comstock, its adoption:
Resolution No. 4')94 entitled "Resolution Calling Bids f:,r Sale
of Bonds, University Avenue District, Civic Center Off -Street
Parking Project No. 66-8"
The resolution was adopted unanimously by voice vote.
MOTION: Councilman Arnold introduced the following resolution
and moved, seconded by Comstock, its adoption:
Resolution No. 4095 entitled "Resolution Providing for Issuance
of Bonds and Directi the Levy of Annual Assessment _to Pay
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3/11/68
the Interest Thereof, California Avenue District Off -Street
Parking Project No. 65-9"
The resolution ras adopted unanimously by voice vote.
MOTION: Councilman Arnold introduced the following resolution
and moved, seconded by Comstock, its adoption:
Resolution No. 4096 entitled -"Resolution Calling for bids
the Sale of Bonds, Plan G Bonds, California Avenue District
Off -Street
Parking P:tsjACt No. 65-9"
The resolution was adopted unanimously by voice vote.
Adjournment
MOTION: Councilman Pearson moved, seconded by Arnold, to
adjourn to 7:30 p.m. on Monday, March 18, 1968.
The motion, carried unanimously by voice vote.
The Council adjourned at 12:10 a.m.
APPROVED:
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