HomeMy WebLinkAbout04251966198
4/25/66
City Hall
Palo Alto, California
April 25, 1966
The Council of the City of Palo Alto met in an adjourned meeting
from April 11, 1966 on this date r.t 7:30 p. rn. with Mayor Arnold
pre siding.
Present: Arnold, Beahrs, Cooley, Debs, Dias, Flint, Pearson,
Rohrs, Rue, Sher, Woodward.
Absent:
Comstock (arrived 8:04 p.m.), Worthington (arrived
7:35 p. m. ).
Council Minutes
The minutes of April 4, 1966 were approved as submitted. The min-
utes of April 11, 1966, an adjourned meeting from April 4, were
approved as submitted with the following correction:
Page 187 - jut before heading "Citizens Advisory Committee..."
insert "(Vice Mayor Debs returned to the Council Chamber)."
Zone Charge - Da shore Freeway
antm arca ero RoaETForn -
P -C to .L -M t'b-ZC-3)
imieeesigams
The Planning Commission in their report to the Council recommended
by a vote of 5 to 2 approval of the application of J. Cyril Johnson in-
vestment Corporation and Palo Alto Town and Country Village, Inc.
-for a change of district got the sautheastei[y corner -of Bayshore Flee --
way and Embarcadero Road from P -C (Planned Community District
Regulations) to L -M (Limited Manufacturing District Regulations) in
accordance with the findings and conditions outlined in ''heir Resolu-
tion No. 32.
Planning Officer Fourcrcy briefly reviewed the action of :the Plan-
nina Commission.
Councilman Beahrs introduced the following ordinan4e and moved
its acceptance for first reading:
"4r1inaacr of =b' Council of the City of Palo Alto Amending
Section 3;02 of Ordinance No. 1324, the Zoning c rdinancet.
Changing the Zoning of Citrtain Property Known as Property
Bounded by Embarcadero Road, East Bayshore Frontage Road
and Bay& hone Freeway from P -C to L -M and Rescinding Such
Portions of Ordinance 1954 and _Resolution 3572 as May Apply. "
11
The motion was seconded by Councilman Rus.
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4/25/66
Discussion followed on the P -C and L -M zoning. Planning Officer
Fourcroy informed the Council that when this property originally
came into the City as L -M, it was indicated by the Commission and
Council that commercial recreational uses or highway oriented user
would be reasonably appropriate. He stated the facilities applied
for and granted under the P -C zoning, i. e. motel, bowling alley.
service station, did not materialize and the present situation amounte
to a P- C zoning without any substance.
Council-.ian Pearson moved and it was duly seconded, to amend the
ordinance by adding the "D" designation to the L -M zoning.
In answer to question regarding design control under the "D" desig-
nation, Mr. Fourcroy replied that under this designation the matter
would come to the Planning Commission and to the Council.
The amendment carried unanimously. The ordinance as amended
was then accepted for first reading on a majority voice vote with
Councilman Flint dissenting.
Zone Chan e - Sunset International
etro eum or . ts,cres ram R-E:A
to Pr -C, art es s - u, rostra era
s nnexation�ro�e �.
The Planning Commission by their Resolution No. 33 recommended
by unanimous vote approval of the apriication of Sunset International
Petroleum Corpoz a nn for a change of district of approximately 439
acres of a portion of the Rancho El Corte de Madera from R-E:A to
P -C and to establish P -C zoning to become effective upon annexation
for the property known as the Arastradero Hills Annexation.
Mayor Arnold introduced the following ordinance and moved its
—acceptance-zos -first re-adis:s =
"Ordinance of the Council of the City of Palo Alto Amending
Section 3, 02 of Ordinance No. 1324, the Zoning Ordinance,
Changing the Zoning of Certain Property Known as Approxi-
mately 439 Acres of the Rancho El Corte De Madera From
R-E:A to P -C and Establishing P -C Zoning for Approximately
220 Acres of Unincorporated Property Known as 'Arastradero
Hills Annexation', to Be Effective Upon Its Annexation. "
The motion was duly seconded.
In answer to questions regarding nut and fill, flood control and a
road connection to Portola Valley, Planning Officer Fourcroy ex-
plained that 20 feet is not the criteria for cut and fill but the limit;
the flood control aspects will come under the requirements of the
Flood Control District at the time the tentative map of the subdivi-
sion is presented; and there will be no through road connection to
Povto a Valley but provisions will be made for cci►ecting the road
system to Los Trancoa Road,
200
4/25/66
(Councilman Comstock arrived at 8:04 p. m. )
Mr. Fourcroy explained, in answer to question on open space, that
it is proposed there be a maintenance assessment district under
which the City would do the maintenance and the property owners
would be assessed for it.
Fourcroy identified the vax ious exhibits presented to the
Council, pointing out the maps showing development plans of the
shopping center, and development plans of the ‘'Thole area in stages.
Councilman Cooley remarked on the fine creative thinking that has
gone into thic development as well as the fine work that has gone
into it by Sunset, the Planning Commission and staff.
Discussion followed on the -i 3 lots overlooking the park and the City's
grading ordinance. During discussion of the open space, City Attor-
ney Michalski explained that the assessment district would be estab-
lished for maintaining the area and once the district is established
ari annual budget is set up for maintenance. Stipulations would be
worked out whereby an annual assessment would be limited to a
reasonable figure.
District and neighborhood parks were discussed and in answer to
question of what the City could do for the active district park facili-
ties if the School District does not purchase the land, Mr. Fourcroy
said if this happens, his recommendation wowed be to acquire the
necessary property. It was pointed out that there is a possibility
the School District will not purchase this land since they have a 60 -
acre site in Los Altos Hills which the District owns.
It was moved by Vice Mayor Debs and seconded by Flint to continue
this matter until May 9.
The matter .of rephrasing the ordinance into more precise conditions
was brought up, together with the thought of inviting members of
the Planning Commission to be present at a continued meeting.
Councilman Rus moved the previous question. The motion was duly
seconded and was defeated on a show of hands vote.
The motion to continue the matter to May 9 was defeated on the
following roll call vote:
Ayes: Comstock, Debi, Flint, Pearson. Sher, Worthington.
Noes. Arnold, Beahra, Cooley, Dias, Rohrs, Rus, Woodward.
It was moved by Councilman Sher, seconded by Pearson and carried
on a majority voice vote, to amend Planning Commission Resolution
No. 33, Page 4, g) by changing "design may be submitted" to read
"design shall be submitted. "
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4/25/66
Councilman Sher moved, seconded by Pearson, to amend Planning
Cormission Resolution No. 33, Item 6, b), second line Page 6, to
substitute "L mall be reviewed" for "may be eeviewed" and delete the
last three words "at their request." The motion carried on the fol-
lowing roll call vote:
Ayes: Comstock, Debs, Dias, Flint, Pearson, Sher,
Worthington.
Noes: Arnold, Beahrs, Cooley, Rohrs, Rue, Woodward.
Councilman Sher moved, it was duly seconded and carried on a
majority voice vote, to amend Planning Commission Resolution No.
33, Page 6, c) first two sentences,s u b s t i t u t e to read "At least
20 acres of land shall be offered for dedication to meet requirements
envisioned by the Palo Alto General Plan. Final decision on the ex-
tent of the areas to be dedicated will rest with the City Council."
Councilman Sher r -roved, seconded by Comstock, to amend Planning
Commission Resolution No. 33, Page 6, d) by deleting that portion
of the last sentence starting "Sunset will be allowed..." and sub-
stituting "it shall be used for open space per 5. b) above. " The
motion was defeated on the following ;oli call vote:
Ayes: Comstock, Debs, Flint, Pearson, Sher, Wort;i:ington.
Noes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rus,
Woodward.
Councilman Sher moved, and it was duly seconded, to delete from
the plan those lots marked •'X" for residences and require that land
to be used for open space. After discussion the motion was defeated.
-'L a 1^i i owing roll call vote:
Ayes: Comstock, Debs, Flint, Pearson, Sher, Worthington.
Noes: Arnold, Beahrs, Cooley, Dias, Rohrs. Rus,
Woodward.
Mayor Arnold expressed concern that the City would share inordi-
nately in the assessment district by maintenance of the open space,
stating it was his belief the district should bear the costs and be
paid by the residents of the district. He added that at this time he
wished to state that the project before the Council is a culmination
of months of effort by the Planning Commission and staff and the
result has been a workable and reasonable plan which in his opinion -
will result in the type of development in the foothills the City is
looking for.
Vice Mayor Debs moved and it was duly seconded to amend Plan-
ning Commission Resolution No. 33, Page 6, d) after "Sunset will
be allowed... " add "eubject to prior approval of the Planning Com-
mission." The motion was defeated on a majority voice vote.
•
Councilman Flint moved and it was duly seconded to amend Planning
Commission Resolution No. 33, Page 3, Section 2, d) (2) by substi-
tuting "There shall be no cut or fill exceeding 5 feet in height (or
depth) except that variations for better design shall be submitted
for Planning Commission consideration."
In answer to question, Planning Comrnissic•ner GrencY replied that
it was the consensus of the Commission that 20 feet siould be re-
quired in some instances, that this 20 -foot limitation was a safety
feature insuring there would be no cut or fill exceeding 20 feet in
height. __
After discussion, the motion was defeated on a majority voice vote.
In answer to questions regarding the phases of development, John
Lloyd of Sunset International Petroleum explained the purpose for
development of phase one at both ends is for marketing.
Councilman Flint moved, seconded by Debs, to amend Planning Com-
mission Resolution No. 33, Section 7, Page 6, Stage I, by adding
the words "The Lee property is to be deleted from Unit I and added
to one of the subdivisicA units." After discussion the motion was
defeated on a majority voice vote.
Councilman Pearson moved and it was duly seconded to amend Plan-
ning Commission Resolution No. 33, Page 6, d) by deleting that por-
tion of the last sentence beginning "Sunset will be allowed... " and
substituting "Sunset will offer the 40 -ac -e site to the City at the so,
same price as offered to the School District." The motion carried
on the following roll call vote:
Ayes: Arnold,, Comstock, Debs, Flint, Pearson, Sher,
Worthington.
Noes:
Beahrs, Cooley, Dias, Rohrs, Rus, Woodward.
Councilman Worthington moved and it was duly seconded to amend
Planning Commission Resolution No. 33, Section 7, by changing the
word "Stage" wherever it appears to "Unit" and changing "Stage II -
IV" to "Units II through V." The motion carried on the following
roll cal vote:
Ayes: Arnold, Comstock, Deb., Dias, Flint, Pearson,
Roars, Sher, Worthington.
Noes: Beahrs, Cooley, Rus, Wcodward.
The ordinance as amended was accepted for first reading on the fol-
lowing roll call vote:
Ayes; Arnold, Beahrs, Comstock, Cooley, Dias, Pearson,
Rohrs, Rus, Sher, Woodward, Worthington.
1
Noes: Deb s, F'lisr.
203
4/25/66
(The Council recessed at 10:05 and reconvened at 10:15 p.m.)
State College Site
Mayor Arnold directed the Council's attention to a matter in con-
nection with the matter just discussed and read a letter from the
Site Selection Committee of the Board of Trustees of the California
State Colleges. Re requested consideration of Ite:.n No. 16 on the
April 25 Agenda at this time. Councilman Ru-objected.
In answer to question the City Attorney gave the opinion that since
this was not an item on the agenda of the adjourned meeting of
April 11, presently under consideration by the Council, it could be
brought up on a majority vote.
Mayor Arnold moved, it was duly seconded and carried on a majority
voice vote, to consider Item No. 16 of the April 25th Agenda at this
time.
Councilman Pearson introduced the following resolution and moved
its adoption:
Resolution No. 3882 "Resolution of the Council of the City
of Pale Alto Favoring the Establishment of a State College in
Mountain View Rather Than in Palo Alto,"
The motion was seconded by Vice Mayor Debs.
Councilman Worthington moved and it was duly seconded to ameru -
tbit resolution by striking out paragraphs 2 and 3 (referring to
Mountain View) and subatitute the following last paragraph: "Now
Therefore Be It Resolved, that the Council of the City of Palo Alto
looks with disfavor on establishment of a co:lege in Palo Alto. "
'he an —fella —men -was defeated on the following roll call vote:
Ayes: Debs, Flint, Sher. Worthington.
Noes: Arnold, Beahrs, Comstock, Cooley, Dias, Pearson,
Rohre, Rus, Woodward.
Resolution No. 3882 then carried on a majority vo'c& vote.
1965-66 Audit
Vice Mayor Debs moved, seconded by Arr.old, to consider Item No.
1 on the April 25 Agenda at this time. Councilman Sher protested.
The motion carried on a majority voice vote.
Vice Mayor Debs reported the Finance Committee has reviewed the
proposal and moved, seconded by Beahrs, to approve the recom-
mendation of the Finance Committee and accept the proposal of
204
4 /26/66
Lybrand, Ross Bros. & Montgomery for the 1965-66 Audit in the
amount of $6,000.00. The motion was carried unanimously.
Report on Rids - Street
esur acing i'rograia
Councilman Dias moved, seconded by Rue. to take up Item No. 9
on the Agenda at :his time regarding the report on bids for the
street resurfacing program.
City Manager Morgan reviewed his report elated April 7, pointed
out on a wall map the streets to be resurfaced, and noted that if
the City doesn't advance the maintenance schedule, availability of
materials will be seriously handicapped.
Co lman Dias moved and it was duly seconded to accept tha low
bid of Sondgroth Brothers and authorize the Mayor to execute the
contract,
Councilman Flint objected on a point of order. Mr. Morgan noted
that the bids were received on April 6 and were good for 30 days
after which time they will expire. This expiration date will be be-
fore the next regular meeting of May 9.
Councilman Flint objected to taking the matter out of order at this
time.
Use Permit - Board of American
s Sion o e u reran timer=
in merc ia (66 -UP -20)
Planning Officer Fovrcrov_rcviewed the -Planning Corriiaision-action --
on the application for a use permit to allow the location and con' -
atruction of a sanctuary and a seminar building and related facili-
ties at 1611 Stanford Avenue.
Councilman Beahrs moved, seconded by Rue, to uphold the Plan-
niwg Commission recommendation and approve the application for
a use permit.
Calvia_ Gillard, 2120 Amherst Street, spoke in oppositL n tc: the
granting of a use permit.
Charles Finn, 2131 Amherst Street, requeued the Council to up-
hold the opinion of the Zoning Administrator and deny the applica-
tion.
H. E. Dekker, 2150 Amherst Street, requested th Counc.it to con-
sider a compromise solution whereby the use permit would be held
in abeyance for not less than three years.
205
1"/25/66
Cone ad C::Ilixson 1450 Univer ity Ave►,ue, representing the Lutheran
Church, referred to their original letter of application dated March
1965 which anticipated the use applied for.
Rudolph Johnson, 87 Morton Street, Pastor of the Lutheran Church,
in answer to question, stated he had discussed with Mr. Nelson of
the Stanford Planning Office the possibility of acquiring university
lands for a church and was told nothing could be done in this regard.
He stated there are only two other congregations in Palo Alto with
similar facilities.
Nathan Finch, 237 Coleridge, spoke in favor of the church develop-
ment.
Councilman Pearson expressed the feeling the architect should pro-
vide for more parking.
in answer tD Councilman Cooley's request that he restate his pnsition
as Zoning Administrator in denyinc this application, Mr. Fourcroy
replied that fundamentally :his is a small, unique residential area
and it was felt this would be detrimental to the College Terrace area.
The motion to grant the use permit carried on the following roll call
vote:
Ayes: Arnold, Beahrs, Dias, Flint, .tohrs, Rus, Woodward,
Worthington.
Noes: Comstock, Cooley, Delis, Pearson, Sher.
Subdivision of Less than Five Lots -
o:ne ireet, eoiie e Terrace
Planning Officer Fourcroy reviewed the application of Essie rad Kosta
Boris for a aubdiv- lion of less than five lotd and gave the Planning
Commission recommendation.
Councilman Comstock moved, seconded by Beahrs,, to uphold the
Planning Commission recommendation and approve the application
with the recommendation of the Planning Officer, dividing the lot
2 feet deep and subject to the Engineer's recommendatio,'. The
motion carried on a majority voice vote with Vice Mayor Debs dis-
senting.
i'entati'e and Final Subdivision Ma
verett Avenue
Mr. Fourcroy stated the reaps conform with maps previously ap-
proved and gave the Planning Commission recommendation for
approval.
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4/25/66
Councilman Rohrs moved to uphold the Planning Cornmission recom-
mendation and approve the Tentative and Final Subdivision Maps for
the sixteen unit condominium at 360 Everett Avenue. He introduced
the following resolution and moved its adoption:
Resolution No. 3883 'Resolution of the Council of the City
of Palo Alto Approving the Final Subdivision Map of Tract
No. 4101, Condominium Subdivision, Everett House."
The motion was duly seconded and carried unanimously.
Joint Use A reement Iv .he State
image i - umpero erra nntewrcha �
City Manager Morgan pointed out the area on a map, stating the
agreement_witl thz, city to .‘eilize an area within the limits
of the Page Mill-Junipero Serr.i Interchange for water and sewer
main facilities. He informed the Council the utilities have been
moved at the expense of the State.
Councilman Beahrs moved, seconded by Rus and carried unani-
mously to approve the agreement and to authorize the Mayor to sign
on behalf of the City.
Street Re su.rfacin Pro -ram
eport on ias - _ ro ect -3
City Manager Morgan reco-•^-wended that a separate contract be
awarded to Cataphote Corporation to furnish and install thermo-
plastic crosswalk striping at 27 intersections in Downtown Palo
Alto after tie-n��-�=�.z�;:.n is in�ta�z-.s-- .__ ,__.
8 � _ _��_�...;��. mat-iSid s
were not received on thin material as Cataphote Corporation has
the exclusive franchise for this material.
Councilman Dias moved, seconded by Beahrs, to accept the low bid
of Sondgroth Brothers in the amount of $56,119. 80, to award a con-
tract to Cataphote Corporation in the amount of $7, 680.00 and to
authorize t h e Mayor to sign the contracts on behalf of the City.
The motion was carried on a majority voice vote.
Councilman Rohrs moved and it was duly sec,ondcd to adjourn to
the next regular meeting, May 9. The motion was defeated on the
following tie vote:
Ayes: Arnold, Beahrs, Cooley, Dias, Rohrs, Rua.
Noes: Comstock, Debs, Flint, Pearson, Seer, Worthington.
(Councilmen Rohrs and Beahrs left the Council Chambers
at 11:35 p.m.)
207
4/`5/66
Pre -Architectural Pros ectus -
ar s, ecreation ,acs hies
Council members complimented the City Manager on the pre -
architectural prospectus submi;:ted.
Councilman Flint moved, and it was duly seconded, to refer the
report to the Committee on Public Works and the Finance Com-
mittee.
Councilman Dias objected to sending the matter to committee in
that the projects coveredha .e already been studied and in her
opinion there was rio reason for further study or delay.
The motion to refcr the matter to committees carried on a major-
ity voic' vote.
Grant - Urban Mass Transportation
City Manager Morgan reviewed his report dated March 31, 1966
and noted that if the Council decides to pass the resolution then the
application will be on file with the Federal Government.
Councilman Rus moved and it was seconded by Dias to table this
matter. The motion was defeated on a majority voice vote.
Councilman Flint introduced the following resolution authorizing
application for a Grant for two buses under the U:bas Mass Trans-
portation Act of 1964 and moved its adoption:
Resolution t o. 3884 "Resolution of the Council of the City
of Palo Alto Authorizing the Filing of an Application with the.____
Housing and Home Finance Agency, United States of America,
for a Grant Under the Urban Mass Transportation Act of 1964. "
Councilman Sher moved and it was duly seconded to refer the matter
to the Finance Committee.
In answer to question regard ..ng time schedule, Mr. Morgan ex-
plained that if the resolu..ion is not passed, the City will not be able
to apply for Federal funds since the application should be partially
along before ordering the buses in May. He informed the Council
that the order can be placed and always cancelled and the funds
applied for and then withdrawn if the Council so wishes.
The motion to refer the matter was defeated on the following roll
call vote:
Ayes: Debs, Pearson, Sher, Worthington.
Noes: Arnold, Comstock, Cooley, Dias, Flint, R►=.8.
The motion to adopt Resolution No. 3884 was duly seconded and
carried on the following roll call vote:
Ayes: Arnold, Comstock, Cooley, Debs, Dias, Flint,
Pearson, Sher.
Noes: Rus, Worthington.
Claim for Damages - Jerry M. Anderson
City Attorney Michalski reported on a claim filed by Jerry M.
Anderson, 134 Alma Street, in the sum of $239. 62 for damages
due to a collision with a City fire truck on December 2.1, I964.
Upon investigation it was determined the claimant failed to yield
the right-of-way to aa emergency vehicle and concluded there is
no liability on the part of the City. He recommended the Council
reject the claim in its entirety.
Councilman Comstock moved, seconded by Dias and carried unani-
mously, to deny the claim in its entirety.
Claim for Dama es - Ava Stitzel
City Attorney yichulski reported on a claim filed by Ava Stitzel,
1510 Harrison Street, Apt. 3, Santa Clara, California, in the sum
of $150.00 for damages for personal injury due to a fall on October
3, 1965 at the Library in South Palo Alto. Upon examination of the
area, no dangerous or defective condition was revealed and it was
concluded there is no liability on the part of the City and it was
recommended that the Council reject the claim in its entirety.
Councilman Rus moved, seconded by Dias and carried unanimously,
_ t_ deny the Maim in its entirety.
iia�v-uT-�.»--
Claim for Damages - Audre A. Briscoe
City Attorney Michalski reported on a claim filed b; Audrey A.
Briscoe, 1133 Jervis, East Palo Alto, in the surn of $6, 317.00
for injuries resulting from a fall on the sidewalk at the bus stop
on the corner of Birch end California Streets _on December 23,
1965. Upon examination of the area it was concluded there i3 no
dangerous or defective condition and therefore no liability on the
part of the City and it was recommended that the Council reject
the claim in its entirety.
Ccuncilrnan Dias moved, seconded by Rus and carried unanimously,
to deny the claim in its entirety.
Report - Bid Rigging Cases
City Attorney Michalski reported he had received offers from Allis
Chalmers and Maloney Electric and requested authorization to make
209
4/25/66
settlements. Councilman Dias moved, seconded bf Flint and car-
ried unanimously, to authorize the City Attorney to make settlement
with Allis Chalmers in the amount of $31,009 and Moloney Electric
in the amount of $9,000.
Traffic - Park Boulevard
Councilman Dias requested that Item No. 15 on the Avnda be con-
sidered at this time. There were no objections.
Le'ter from the Charleston Meadows Homeowners' and the Chestnut -
Homeowners' Associations dated March 28, 1966 requesting
guard -and -go signs on Park at Chestnut, Mataciero, Ventura and
Tennessee was received.
Councilman Dias rnevcu, "seconded by Rus, to install a guard-and-
g� sr irern on Park Boulevard for six months.
Councilman Sher moved, seconded )-iy Debs, to refer the matter to
the Committee on Planning and Procedures. The motion carried
on a majority voice tote. (Motions to ref?.r take precedence.)
Civic Center
1
Councilman Worthington moved that the matter of the Civic Center
project be referred to the Public Works Committee and Finance
Committee as follows:
Public Works Committee for comments regarding the assign-
ment of the City's space needs for administrative office apace,
and study whether the designs for the two sites would provide
for comparable quality. _
-Finance Committee to determine necessary legal status to
obtain a commitment of one an one-half million dollars by
assessment district before placing on ballot.
Both committees are to return the matter to the Council.
The motion was duly seconded az.d carried on a majority voice vote.
Adjournment
Councilman Dias moved, seconded by Debs and carried unani-
mously, to adjourn the meeting of April 11.
* * * * * * * * * * * * * * *
210
4/25/66
Mayor Arnold opened the regular meeting of 'April 25, 1966.
Present: Arnold, Comstock, Cooley, Debs, Dias, Flint,
Pearson, Rus, Shev, Worthington.
Absent: Beahrs, Rohrs, Woodward.
Mayor Arnold moved and it was duly seconded to adjourn to May 9,
1966.
Vice Mayor Debs moved and it was duly seconded to adjourn to
Thursday, April 28. The motion was defeated by a voice vote.
The motion to adjourn to May 9, 1966 carried on the following roll
call vote:
Ayes: Arnold, Comstock, Cooley, Dias, Pearson, Rus,
Sher, Worthington.
Noes: Debs, Flirt.
The meeting adjourn .d at 12:10 a. m.
APPROVED:
Mayor
ATTEST:
athleen M. Simkins
Assistant City Clerk
a rii4Td