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HomeMy WebLinkAbout02091967City Hall Palo Alto, California February 9, 1967 The Council of the City of Palo Alto met in an adjourned meeting from February 6, 1967 on this date at 7:30 p.m. with Mayor Dias presiding. Present: Arnold, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Sher, Worthington Absent: Beahrs, Comstock, Rue, Woodward First Methodist Church - Parkin Facilities ■v Mayor Dias announced that Councilmen Coley and Rohrs would neither participate in the deliberations of the Council nor vote on the matter before the Council concerning parking facilities provided by the First Methodist Church. (Councilmen Conley and Rohrs left the Chambers at 7: 32 p.m.) Planning Officer Fourcroy referred to the Planning Commission recommendation to deny th.e appeal of the First Methodist Church re- garding parking facilities at 603 Hamilton Avenue. John F. Roberts, 2140 Bryant, Palo Alto, appeared on behalf of the Board of Trustees of the Church in opposition to the Planning Corn -- mission recommendation. Bonnar ton, 651 Lowell, Palo Alto, President of the Board of Trustees of the Church, spoke in opposition to the Planning Comznis= lion recommendation. Kenneth McDougall, owner of property at 517 Byron Street, Palo Alto, she in favor of the Planning Commission recommendation. MOTION: Councilman Worthington moved, seconded by Arnold, to grant the variance requested by the First Methodist Church. Lengthy discussion followed and Mr. Cos. replied to questions from Council concerning the size of the congregation and the ability of the present parking facilities to meet the demand.' Discussion also in- cluded the possibility of the Church forming its own a&eessment district or joining one. The motion to grant the request for a variance carried by majority voice vote. (Councilmen Cooley and Rohrs returned to that Crita.ah"*o at 8: 30 p. m. ) 46 319167 Zoning Change -. Neighborhood Recreational Uses MOTION: Councilman Arnold moved, and it was duly seconded, the adoption of the following ordinance: Ordinance No. 2333 entitled "Ordinance of the Council of the City of Palo Alto Amending the Zoning Ordinance (Ordinance No. 1324) by Adding Section 4.44 to Article 4 Defining Neigh- borhood Recreational Use and Amending Sections 8.03 (R -3-G), 8A. 03(R3), ,;B.03 (R -3-P), 8C.03 (R-5), 9.03 and 9C. 03 (HDA) by Adding a Subsection to Include Neighborhood Recreational Uses With a Use Permit." f ssisPant City. Attorney Hildebrand recommended, at the request of the Fire Marshall, that the words "public assembly" be excised. (Councilman Worthington left the Chambers at b: 3i p.m.) AM.8NDMENT: Councilman Rohrs moved, seconded by Arnold, to delete "public em;ly" from the proposed ordinance. The arnehdment carried by unanimous voice vote. The ordinance as amended was adopted by the following roll call vote: Ayes: Noes: Arnold, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Sher None Foothills Park Boat Dock and Overlook I rovementr: MOTION: Councilman Flint introduced the following ordinance and moved its approval for first reading: "Ordinance of the Council of the city of Palo Alto Approving and Adopting a Plan for the Developrnetit of Foothills Park Boat Dock and Overlook Improvements, Project No. 63-9." The motion was duly seconded and the ordinance was approved for first reading by the following roll call vote: Ayes: Arnold, Cooley, Debs, Dias, Flint, Pearso:t, Rohrs, Sher, Worthington Noe s : None Official.F'ire Zone i ap Middlefield/L Verde MOTION: Councilman Flint introduced the foliowing ordinance and moved, seconded by Rohrs, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending the Official Fire Zone Map of the City of Palo Alto (Section 1601 of the Uniform Building Code) by Changing the Property Re- zoned from M -1:S to R-2, R- 3:G and R -3:G -D in the Middle- field Road -Lorna Verda Avenue Area from Fire Zone No. 2 to Fire Zone No. 3." The ordinance was approved on the following roll call vote: Ayes: Arnold, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Sher, Worthington Noes: None Reports of City Mana er MOTION: Councilrnan Cooley moved, seconded by Rohrs, to continue discussion of the reports of the City Manager until he can be present to present them. The motion failed by majority voice vote. CChanning Trunk Sewer MOTION: Councilman Cooley introduced the following ordinance and moved, seconded by Rohrs, its adoption: Ordinance No. 2334 entitled: "Ordinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1966-67 to Make an Additional Appropriation for the Con- struction of the Charming Trunk Sewer.!` The ordinance was approved on the following roll call vote: Aye: Arnold, Cooley, Dens, Dias, Flint, Pearson, _Rohr's, Sher, Worthington Noes' None MOTION: Councilman Sher moved, and it was duly seconded, that the bid of L. .T. Krzich for the Charming Trunk Sewer Project 65-5 be approved for award pending the signing of the contract and fur- nishing of required bonds, and that the Mayor be authorized and directed to sign the contract for and on behalf of the City. The motion carried on the following roll call vote: Ayes: Arnold, Cooley, Debs, Dias, Flint, Pearson, Rohrs, Sher, Worthington Noes: Abandonment of Bandera Drive None (Councilman Deb. left the Chambers at 8:50 p. m.) 48 2/9/67 City Engi seer Witbeck referred to the City Manager's report on the abandonment of Bandera Drive and stated March 6 had been set for a hearing. MOTION: Councilman Pearson introduced the following resolution and moved its adoption: keso1 }on No. 3959 entitled "Resolution of the Council of the City of Palo Alto of Its Intention to Order the Vacation of a Portion of Bandera Drive." The motion was duly seconded and the resolution was adopted by the following roll call vote: Ayes: Noes: Arnold, Cooley, Dias, Flint, Pearson, Rohrs, Sher, Worthington None (Councilman Debs returned at 8:52 p.m.) Stanford University Frenchman's Hill Subdivision imA Planning Officer Fourcroy referred to City Manager Morgan's re- port of February 1 regarding Stanford University's Frenchman's Hill Subdivision. He added that Palo Alto has no jurisdiction, but that the Board of Supervisors has the item on its forthcoming agenda. Discussion followed and Mr. Fourcroy replied to cineation from mem- bers of the Council concerning the possibility of requesting the Board of Supervisors to withhold action pending more study by the Planning Commission . MOTION: Councilman Pearson moved, seconded by Worthing: Vn, -- that the Ca ell -of -City of IslalTe AltoT-reqiiesti.hi Board of Super- visors of Santa Clara County to delay decision on the Stanford Uni- versity Frenchman's Creek Subdivision for three weeks to allow study of the matter by the Planning Commission of Palo Alto and also by interested parties. Dixon Arnett, Director of Community Relations from. Stanford Uni- versity, stated the University would 'be glad to get together on either a formal or informal basis with the City to discuss the natter before the Council. He stated he was r ing an official offer from the Stanford Business Office to have continuing diecuaaions with the City regarding uses of Stanford land. Discussion followed concerning possible results if Stanford is de- layed in having its plans approved and on street patterns in the Sub- division and their effect on traffic outside the Stanford property. C. W . Giliard, 2120 Amherst, Palo Alto, spoke in support of further study. He read a latter on the subject to President Sterling. 4 Stan- ford trout H. Z. Decker, 2150 Amherst, Palo Alto, on bebaif of the Associated Residents of Amherst Street. The motion carried by unanimous voice vote. MOTION: Cnu ncilrnar_ Cooley moved, seconded by Flint, to refer the matter to the Planning Commission for further study. Councilman Debs requested "pending receipt of a reply from the Board of Supervisors" to the motion. Councilman Cooley agreed to include it. The motion carried unanimously by voice vote. (The Council recessed from 9:38 to 9:50 p.m.) Report ov, Bads - Amarillo Park City Engineer Witbeck referred to the City lviartaweits report of January 31 concerning the second stage of the improvement project for Amarillo Park. He recommended the !ow bid for construction be accepted. MOTION: Councilman Debs roved, and it was duly seconded, that the bid of. Palo Alto Landscaping Company for construction at Ama- rillo Park be approved for award, pending the signing of the contract and furnishing of required bonds, and that the Mayor be authorized and directed to sign the contract for and on behalf of the City. The motion carried by the following roll call vote: Ayes: Arnold, Cooley. Debs, Dias, Flint, Pearson, Rohrs, Sher, Worthington Noes: None Discussion followed as to the amount of work to be done to complete construction of Amarillo Pay -k. MOTION: Councilman Sher moved, seconded by Flint, that the City Manager be directed to report to the Council on the remaining im- proveznents pled for Amarillo Park, the amount of =budgeted money necessary to provide those improvements and to furnish the Council with a proposed ordinance adopting the additional budget appropriation to cover those amounts. MOTION: Councilman Cooley moved, seconded by Rohrs, that the matter of completion a the park plans be referred to the Public Works Committee. The motion to refer failed by majority voice vote. The motion then carried on the following roll call vote: Ayes: Arnold. Debs, Dias, Flint, Pearson, Sher, Worthington Noes: Cooley. Robr. f Alternate Site for Substation H "�,r�r1111 r�l,r�, rllArr Ilydliri' y Joseph Boszrc, Chief of Light and Power Department, referred to the City Manager's report of February 3 concerning the proposed alternate site for Substation H and briefly outlined the report. Burton Marks, 3415 Louis Road, Palo Alto, spoke in favor of the City's acquiring the property under discussion as a site for Sub- station H, and gave his reasons for believing that the property owner might favor condemnation of the property. He also stated that the power lines in connectionwith the sub Cation need not be undergrounded at that location which would result in a saving to the City. Assistant City Attorney Hildebrand replied in detail to questions from Council members regarding condemnation proceedings. Mr. Booze replied to questions concerning costs involved if the alternate site were £'e1 cted by the Council compared to those for the present site, Sidney Simon, 3476 Janice Way, Palo Alto, President of the Eichler Swim and Tennis Club, spoke in favor of the City's acquiring the alternate site. In reply to questions from the Council, Mr. Simon also stated that the Eichler Swirn and Tennis Club had not discussed possible pur- chase of the present site near the Club and to which the Club mem- bers object as a site for the substation. W. E. Chapman, 3583 Louis, Palo Alto, stated that he had talked to L. C. Smith, the other possible purchaser of the present substation site, who had stated price would be a consideration if he were to buy the land. He also spoke in favor of relocation of the substations. Discussion followed and r. Boaza replied_ _ _questions concerning the exact location of the power lines, the cost of moving lines, the cost of undergrounding linen and the priority for undergrounding in various parts of the City. Discussion also concerned availability of the alternate substation site. MOTION: Councilman Worthington moved, seconded by Sher, that the City Attorney be asked to prepare a resolution for presentation at the Council meeting of February 20 to the effect of (1) authorizing the City Manager to acquire the alternate site shown on the map by eminent domain; and (2) rescinding action taken at the December 12, 1966 meeting in connection with the present site. Assistant City Attorney Hildebrand asked if the motion could include only the first part at this time to which Councilmen Worthington and Sher agreed. The motion carried by majority voice. vote. Councilman Worthington noted for the record that he would ther pre- fer towait until February 20 to rescind the action of December 12, 1966. El Camino Real Improvement assaaissaalaar City Engineer Witbeck referred to the City Manager's report of February 2 concerning financing improvement of El Camino Real. MOTION: Councilman Arnold moved, seconded by Pearson, that the Council go -on record in favor of the following: 1. All land costs and related severance damages would be assessed as a part of the Local Improvement District proceedings. 2. Local government would pay for all improvements and severance damages relating to these improvements. 3. Local government would subsidize landscaping of the project to the extent of median landscaping only. 4. The handling of utilitie£ be in accordance with standard State policies with respect to utility-elocations, and ary local costs accruing as a result would be charged to the assessment district. 5. All on -site utilities costs would be charged to the abut- ting property owner. 6 If undergrounding of utilities is desired, the additional costs of auntiergrounding would be by special district with a special rate structure. Government would not pay or subsidize the increased costs of undergrounding unless it was standard city practice. AMENDMENT: Mayor Dias moved, seconded by Rohrs, that the staff .be instructed to go ahead with the plans for an assessment district on the basin of the foregoing financial plan. The amendment carried by unanimous voice vote. The motion as amended carried by unanimous voice vote. Acquisition of Park Properties - Executive Session EIN Mayor Dias announced that the executive session requested by the City Manager tc discuss acquisition of park properties would be held on February 13. Adjournment MOTION: Councilman Rohr& moved, and it was duly seconded, to adjourn to February 13. The motion failed by majority voice vote. (Councilmen Cooley and Rahrs left the Chambers at 11:00 p. rn. and did not return.) Claim kjainst the Ci Annt r - Cnow1ton_ - Assistant City Attorney Hildebrand referred to his report of January 20 concerning the claim against the City of Ann Knowlton in the amount of $56, 571.60 for alleged personal injury and recommended the claim be denied. MOTION: Councilman Arnold moved, seconded by Dias, to deny the claim irn its entirety. The motion carried unanimously by voice vote with Councilman Flint abstaining. Alcoholic Beverage License Hal's, $10.i Ei Ca.mino �i4ia Assistant City Attorney Hildebrand referred to his report of January 24 concerning an application for alcoholic beverage On -Sale General Eating Place License for Ha1's , 4101 El Camino Way, and recom- mended the application be filed. MOTION: Councilman Sher moved, seconded by Dias, to file the application. The motion carried unanimously by voice vote. North County Wastewater Treatment Mayor Dias reported on the meeting with North County cities rela- tive to the Jenks report on wastewater treatment. She stated that much enthusiasm and interest were indicated by all of the repre- sentatives present. She added that City Manager Morgan had written a staff report on the meeting which is available to any member of the Council, requesting it. Flood Control s and Power MOTION: Councilman Deb* moved, seconded by Pearson, that (1) the Santa Clara County Flood Control and Water Conservation Dis- trict be request by the Council. as an immzediate-action item, to install temporary pumps to help drain the Palo Alto Flood Basin into the Bay; and (2) that the Rtaff be directed to report to Council on the feasibility of a temporary power line for;euch pumps. Discussion followed concerning the apecific direction to the District in the first part of the motion. Councilman Debs agreed to change the motion asking the District to make a L asibility study on the in- stallation of temporary pumps to help drain the Flood Basin into the into the Bay. The motion then carried by majority voice vote. Count ide Aviation Air ort Develo ment Committee Mayor Dias reported that there has been no official representative on the Countywide Aviation Airport Development Committee, but that a member of the Palo Alto Charnber of Commerce has been attending the meetings. She asked if the Council wished to send a delegate or take E.ny stand in connection with the Committee. MOTION: Councilman Arnold moved, seconded by Flint, that the Council take no action at this time. The motion carried unariniously. Yacht Harbor Lease - Duck Pond MOTION: Councilman Sher moved, seconded by Debs, moved that the Public Works Committee, working with the staff, be directed to select a landscape architect to consult with the City and County staffs on the question of grades and elevations of the area between the Duck Pond and the lands proposed to be leased to the County for the Yacht Harbor, and to prepare landscape plans for the Duck Pond and refuge areas, which after consiceeration by the Public Works Committee, will be submitted to the Council for approval and incorporation in the pre posed Yacht Harbor lease, the lease to provide that the County coordinate its development plans for the Yacht Harbor with the City's plans for the Dick Pond and refuge area, as incorporated in the lease. Discussion followed and Assistant City _Attorney Hildebrand replied to question that the Yacht Harbor lease could be approved at any time by omitting mention of the manner of developing the Duck Pond. The !notion carried unanimously by voice vote. Written Communications Letter re endorsement by Town of Los Gatos of ABAG' con- cept of Regional. Home Rule. MOTION: Councilman Debs moved, seconded by P+ersecte. to file the letter. 4 19/67 The motion carried unanimously by voice vote. Letter re Palo Alto -Stanford Hospital Center re fiscal authorities of the Hospital Board. Assistant City !`attorney Hildebrand stated that the letter re- quested an extension of the present lease regarding fiscal authorities. MOTION: Councilman Worthington moved, seconded by Pearson, to extend the Aareerrsent for an additional 1967-1968. The motion carried unanirrnously by voice vote. JAdiournmont There being no further business, the Council adjourned at 11:32 p.m. APPROVED Ma yo r 59 2/9/67