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12/13/65
City Hall
Palo Alto, California
December 13, 1965
The Council of the City of Palo Alto met on this date in an adjourned
meeting. Mayor Arnold convened the meeting at 7:35 p. m.
Present: Arnold, Beahrs, Comstock (8.00 p. m.),
Cooley, Debs, Dias, Flint, Pearson, Rohrs,
Rus (7:37 p.m.), She , Worthington.
Absent: Woodward.
Civic Center - Public Safety Buildinti
Councilman Rohrs, as chairman of the Committee on Public Works,
reported that they had studied the staff report and the architect's
recommendations on three alternate sites the California Avenue
area for the location of a proposed public safety building (see com-
mittee minutes of November 29, 1965). He moved on behalf of the
cornmittee that the Council instruct the architect t., consider Site B
(located at the corner of Park and California Avenues) in working
up alternate plans for the public safety building.
After discussion, Councilman Beahrs moved an amendment that, if
the Council select Site B tonight as a long-range alternative, the
architect additionally be instructed to consider it not only for the
public safety -building but also for the central civic center facility in
toto. The motion died for lack of a second.
A discussion followed on the traffic circulation patterns, the land
coats and parking costs at the three sites.
Councilman Beahrs moved an amendment, seconded by Rus, that the
Council instruct the architect to give general consideration to the
feasibility of developing the entire civic center complex at Site B.
After discussion, the amendpnert failed to carry on the following
roll call vote:
Ayes: Beahrs, Rus.
Noes: Arnold, Cooley, Debi, Dias, Flint, Pearson, Rohrs,
Sher, Worthington.
After further discussion the motion was declared lost on a majority
voice vote.
(Councilman Comstock arrived at the meeting at this time.)
Councilman Pearson moved, and it was duly seconded, tat the
CounciUl instruct_ the architect to consider Site A (located at 2253
Park Boulevard) in working up alternate plans for the public safety
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12/13/65
building. The motion carried on the following roll call vote:
Ayes: Comsts.)ck, Debs, Dias, Flint, Pearson, Rohrs,
Sher, Worthington.
Noes: Arnold, Beahrs, Cooley, Rus.
Zone Change - 2655, 2705 and 2723 Birch Street and251, 271, 276, 278, 280 and 29-6 Sheridan Avenue (65=ZC-17)
The Council had received Planning Commission Resolution No. 24
which incorporated the original application, the report of the Plan-
ning Officer, the Planning Commission minutes, a map of the sub-
ject property and the development plan of the subject property.
1
The Planning Commission unanimously reported that the public in-
terest, convenience and general welfare require that the P -C Devel-
opment Plan applying to property located at 2655, 2705 and 2723
Birch Street and 251, 271, 276, 278, 280 and Z96 Sheridan Avenue,
be amended to allow construction of the four-story office building
with 107 temporary off-street parking spaces being provided within
500 feet of the subject property and that construction of the perma-
nent parking structure be required to etart within eighteen (18)
months of the establishment of the realignment of Page Mill Road,
or, if the realignment of Page Mill Road is not determined and no
land trade is made within two (2) years after Council approval of
the Development Plan change, construction of parking garage must
begin within one (1) year thereafter.
The Planning Officer reviewed the matter and referred to the ex-
hibits displayed on the Council chamber wall. Planning Commis-
sioner Stromquist answered questions from the Council.
After discussion, Councilman Dias moved that the Council uphold
the Plannino Commission. She introduced Resolution No. 3860 en-
titled "Resolution of the Council of the City of Palo Alto Am nding
Ordinance No. 2224, being the Development Plan for the Property
Known as 2655, 2705 and 2723 Birch Street and 251, 271, 276, 278,
280 and 296 Sheridan Avenue" and moved its adoption. The motion
was seconded by Beahrs and carried unanimously on a voice v-lte.
Lot Division - Associates (65-LD-29)
The Planning Commission unanimously recommended approval of
the appeal of Page Mill Associates for the subdivision of Lots 3, 5
and 6, Tract 3890, Country Club Ranchos (at the intersection of
Alexis Drive and Country Club Court). The Planning Officer referred
to the two plats exhibited on the Council chamberwall which depicted
the proposed change in lot sizes of the threelots involved, but which
did not change the total area.
After discussion, Councilman Dias moved that the Council uphold the
Planning Commission and approve the appeal of Page Mill Associates.
The motion was seconded by Rohrs and carried unanimously on a voice
vote.
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12/13/65
Fro sed Amendment to Zonin Ordinance
a is ng equirements or !Lail reas
'JIM\ .1 1•1011111.11M
The Planning Commission recommended by a vote. of 6 to 1 the
adoption of a proposed Zoning Ordinance amendment by adding
Section 22. 11 establishing requirements for the improvement and
maintenance of parking areas. The Planning Officer stated the
proposed amendment would provide that off-street parking lots, with
the exception of R- I and R -duplex developments, would be required
to have certain minimum improvements.
Vice Mayor Debt+ introduced an ordinance entitled "Ordinance of
the Council of the City of Palo Alto Amending Ordinance No. 1324,
the Zoning Ordinance, by Adding Section 22. 11 Establishing Re-
quirements for the Improvement and Maintenance of Parking Lots"
and moved its acceptance for first reading. The motion was sec-
onded b; Comstock and after discussion the motion carried unani-
mously on a voice vote.
Peninsula Transit Lines
The City Manager referred to the report to the Council dated Decem-
ber 2, 1965 on the p-oposed contract extension with the rrtar.agement
of Peninsula Transit Lines. The City Engineer had prepared a re-
port on the transit operations in 1965, plus nine recommendations,
which he summarized for the Council.
Vice Mayor Debs moved, seconded by Pearson, that the Council re-
fer the proposed contract extension to the Committee on Finance.
Mr. Worth Prine, General Manager of the Peninsula Transit Lines,
stated that he would have no objection. He pointed out that recom-
mendation No. 8 was to purchase two buses which would have to be
ordered the first of the year in order to receive the buses by Decem-
ber of that year and that the buses were needed to provide the aided
service proposed.
The motion to refer was declared carried on a majority voice vote,
with Beahre voting no.
Councilman Rohrs moved, seconded by Comstock and carried unani-
mouldy, that the Council request an extension of the present bus con-
tract up to sixty days until the Committee on Finance has a change to
bring back a recommendation.
The Vice Mayor announced as Chairman of the Committee on Finance
that the agenda for the January 4 meeting would be the contract with
Peninsula Transit Lines.
Repast oa Vehicuiar Parking on Sidewalks
Police Chief Hydie referred to the Police Department report dated
December 1, 1965 which bad been sent to the Couaa1, and reviewed
the extent of vehicular parkins violations on sidewalks.
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A discussion followed with the City Engineer on rolled curbs vs.
vertical curbs.
Councilman Flint moved, seconded by Debs, that tl-e Committee on
Public Works study whether the curbs in new subdivisions should
be rolled or vertical. The motion carried on the following roll call
vote:
Ayes: Comstock, Cooley, Debs. Flint, Pearson, Rohrs,
Sher, Worthington.
Noes: Arnold, Beahrs, Dias, Rus.
Charleston Road Trunk Sewer Project 65-4
The City Manager referred to his report to the Council dated Decem-
ber 2, 1965 on the Charleston Road Trunk Sewer 'Project No. 65-4,
and to the detailed report attached prepared by the Water -Gas -Sewer
Department which specified the recommended and alternate routes
for the sanitary sewer line. He emphasized that the project had a
high priority as the staff hoped to receive bids during January acid
expected the project could then be completed by the Fall. He re-
marked that the Palo Alto Unified School District had conditionally
approve:. the route selection which involved an easement across their
property at Wilbur and Ohlones Schools; that the three easements and
the one fee title are being appraised, so the matter of the considera-
tion to be paid for the route can be resolved,
Councilman Rohrs introduced Resolution No. 3861 entitled "Resolu-
tion of the Council of the City of Palo Alto Finding and Determining
that the Public Interest ane. Necessity of Said City Require, for Pub-
lic Use for Sanitary Sewer and Related Purposes, Certain Land Lo-
cated in the City of Palo Alto. County of Santa Clara, State cf Cali-
fornia (Charleston Road Trunk Sewer, Project 65-4)" and moved its _
adoption. The motion was seconded by Reahrs.
A discussion followed on the negotiations which had transpired with
the Palo Alto Unified School District and the School Board and the
need to ascertain the route of the sewer before the specifications
could be written for the bids.
Councilman Sher moved, seconded by Flint, that the matter be con-
tinued. After further discussion, Councilman Sher with the consent
of his second withdrew the motion to continue.
Vice Mayor Debs moved an amendment, seconded by Flint, that the
Council approve Resolution No. 3861, excluding Exhibit A for the
time being. After discussion the amendment was declared lost on a
majority voice vot,,.
After further discussion, Councilm an Flint moved an amendment to
continue the matter until the Finance Committee returned a report
on the study of sewer rates to the Council. The motion died for lack
of a second.
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12/13/65
The ..eaolution was then passed on the following roll call vote:
Ayes: Arnold, Beahrs, Comstock, Cooley, Debs, Dias,
Pearson, Rohrs, Rus, Sher.
Noes: Flint, Worthington.
(The Council recessed at 9:30 and reconvened at 9:40 p.m.)
Foothills Park - Dr. Russel V. Lee Propert
The City Manager referred to the exhibits mounted on the Council
chamber wall which depicted the land areas subject to Sale, gift and
option from Dr. Russel V. Lee. He noted that the principal elements
incorporated in a contract with Dr. Lee involved (1) purchase and
attendant gift affecting 200 acres of lard adjacent to Foothills Park
for the price of $365, 000 net to Dr. Lee; (2) the acquisition of a 5.
acre parcel adjacent to the quarry for a price of $18, 000 net to the
seller; and (3) an option agreement covering the quarry property ap-
proxinic.tely 45 acres, a 7. 7 -acre section of the meadow which abuts
the park, and a roadway access easement from the meadow to Los
Trancos Woods Road, requiring are expenditure of $38, 500. The pro-
posed purchase agreement accompanied a staff report dated Decem-
ber 2, 1965 to the Council. In addition, the Council received two
letters from Russel V. and Dorothy Womack Lee, both dated Decem-
ber 3, 1965, which referred to the operation of the quarry. Attached
`o Dr. Lee's letter was a revised page 4 of the proposed contract
which contained specific changes to the operations of the quarry.
Councilman Beahrs moved, and it was duly seconded, that the Mayor
be authorized and directed for and on behalf of the City to execute an
agreement with Russel V. and Dorothy Womack Lee for the acquisi-
tion of several parcels of land adjacent to Foothills Park by purchase,
gift and option in the form distributed to the City Council prior to this
meeting and the adoption of an ordinance entitled "Ordinance of the
Council of the City of Palo Alto Making an Additional Appropriation
in the Capital Improvement Fund (Acquisition of Lard from Russel V.
and Dorothy Womack Lee)."
After discussion, Councilman Sher moved an amendment to strike
the words in the motion following "meeting" aLd to substitute the
words "subject to the appropriation of the necessary funds under
Agenda item No. 20 tonight."
After further discussion, Vice Mayor Debs moved w amendment
that page 2 of the agreement with Dr. Lee be revised in the last sen-
tence of paragraph 4 (a) to change the date from January 6 to " 13. "
Councilman Beaters stated he would incorporate the amendment into
his Main motion.
The Sher amendment carried on the following roll call vote:
Ayes: Arnold, Comstock, Deb., Flint, Pearson. Rol+rs,
Sher, Worthington.
Noes: Beahrs, Cooley, Di ta, Rua.
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12/13/65
After lengthy discussion the main motion as amended carried on the
following roll call vote:
Ayes: Arnold, Beahrs, Comstock, Cooley, Debs, Dias,
Pearson, Rohrs, Rus, Sher.
Noe s: Flint, Worthington.
Bayfront Freeway
The Council requested the staff to prepare a letter for Council ap-
proval stating the reasons why the Council did not want the Buyfront
Freeway (see page 20 of the minutes of October 25, 1965).
Councilman Beahrs moved, seconded by Rus, that the letter as pro-
posed in the City Manager's letter to the Council dated December 1,
1965 be sent to the State Highway Commission, in addition to the
State Division of Highways, the Santa Clara County Board of Super
vi3ors, Senator Clark L. Bradley, and Assemblymen Alfred E. Al-
quist and George W. Milias.
Councilman Flint congratulated Mr. Keithley and the staff on the ex-
cellent letter and suggested it also be sent to the Palo Alto Chamber
of Commerce and the Santa Clara County Chamber of Commerce.
Councilman Beahrs stated he would include these organizations in
his motion.
The motion then carried unanimously on a voice vote.
San Francisclt:ito Creek Flood Control
The City Manager read a letter dated November 19 signed by Colonel
Robert H. Allan, District Engineer for the U.S. .Army Corps of En-
gineers, which had been sent to the Board of Supervisors of San
Mateo County, as well as other interested jurisdictions. Colonel
Allan advised tiat the Corps of Engineers felt they could not justify
further studies on the feasibility of channel work as an alternative
to a single -purpose flood control reservoir on San Francisquito Creek
at the Ladera site until it had received a positive reply from the
Boards of Supervisors of San Mateo and Santa Clara Counties.
Councilman Dias moved, seconded by Beahrs, that the' City Manager
be instructed to inform the Santa Clara Board of Supervisors that the
Palo Auto City Council continues to stand firmly in support of the
Ladera Darn project as recommended by the Corps of Engineers; but
also to indlzafe a willingness to support a restudy of the feasibility
of channel works as an alternative to the recornznended single -purpose
flood control reservoir provided the study does include channel im-
provements for two miles above El Camino Reap, as the Council -1e-
sires adequate San Francisquito Creek flood control.
After lengthy discussion. the motion carried unanimously on a voice
vote.
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12/13/65
General Plan -
amino ands
Councilman Beahrs moved, seconded by Rus, that the Council direct
the staff to report to the Council concurrently on the current and pros-
pective costs of maintaining El Camino Park and the Corporation Yard
under lease when the report of the Planning Commission is made on
their downtown park recommendations.
Councilman Pearson moved an amendment, seconded by Flint, that
(1) the staff prepare a letter, and submit it for approval at .ne next
Council meeting, to the County Assessor asking for a new opinion re-
garding the assessment of the El Camino lands in light of the recent
dedication of the land for parks, noting especially that the park and
recreation designation is now the highest and best use; and that (2) the
staff present the report to the Finance Committee and the Public Works
Committee.
Councilman Beahrs stated he would incorporate part one (1) of the
amendment into the main motion but would not accept the second (2)
part of the motion. Councilman Pearson agreed to the revision.
In the discussion that followed Mayor Arnold suggested that Mrs.
Pearson confer with the staff on the precise wording of the letter to
the County Assessor.
Vice Mayor Debs moved an amendment, seconded by Flint, that the
staff letter be brought back to the Council for apprt.,vai at its Decem-
ber 20 meeting. The motion was declared lost on a majority voice
vote.
The main motion then carried unanimously on a voice vote.
Councilman Flint moved that the Council direct the staff and City
Attorney to provide the Council with information regarding the pos-
sible condemnation of the El Camino lands, and specifically how
practical it is to condemn this land by parcels or by small portions
rather than taking the major part or the entire lease area; and sec-
ondly, if the City entered into condemnation, is it possible to back
out of condemnation once one learns the price the court has decided
on. The motion died for lack of a second.
Council Chambers
Councilman Cooley moved, seconded by Comstock, that the staff study
plans and costs of the following modifications to the Council chambers:
(1) removal of the wooden barrier between the citizens and the Council
and the possibility of moving the podium either to one side or back in
a simple form; (2) improve .the ventilption through forced air or air
conditioning; (3) a signal and control device before each councilman
as a means of indicating to the presiding officer when one wished to
speak.
After discussion, Councilman Flint moved an amendment, seconded
'')y Deb*, to include tape recording equipment for the use of the Coun-
cil and the City Clerk. After discision,- Councilman Flint agreed to
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include in his amendment that the staff be instructed on a trial basis
to record several c,f the Council meetings. The amendment then car-
ried on the following roll call vote:
Ayes: Arnold, Cooley, Debs, Dias, Flint, Pearson,
Worthington.
Noes: Beahrs, Comstock, Rohrs, Ru. , Sher.
The City Massager stated he would s►tbmit figures in the report on the
coat of some tamper -proof microphones. Councilman Cooley indi-
cated he would like to include that in his main motion.
The Cooley motion as amended then carried on a majority voice vote.
The Mayor stated that the January meetings of the Council would be
recorded on tape.
San Francisquito Creek Flood Control
Councilman Cooley moved, seconded by Beahrs, that the staff bein-
structed to bring in preliminary information on the feasibility and
costs of flood contr..1 work within Palo Alto carried out by the City.
In the lengthy discussion thlit followed, the City Engineer referred
to his memorandum dated November 23, 1965 ' ntitlsd "San Francis-
quito Creek Interim Flood Control Measures" which had been sent
to the Council with a covering letter from the City Manager dated
December 1, 1965. The City Engineer summarized the result of a
tour taken on October 11, 1965 by a subcommittee of the Joint Coun-
ties Flood Control Committee from the mouth of the creek to the
junction of Los Trancos Creek "that they would report their joint
opinion that all reasonable interim measures had been taken in.antic-
ipation o f future run-off. "
The motion failed on the following roll call vote:
Ayes: Beahrs, Comstock, Cooley, Flint.
Noes: Arnold, Debs, Dias. Pearson, Rohrs, Rus, Sher,
Worthington.
Motion: to adorn
Councilman Rus moved, seconded by Beahrs. that the meeting be
adjourned. The motion was declared lost on a majority voice vote.
Par ro�riations
Councilman Sher introduced an ordinance entitled "Ordinance of the
Council of the City of Palo Alto Making Additional Appropriations in
Vibe Capital Improvement Fund (Park Acquisition and Maintenance)"
and moved its acceptance. He delineated several changes in the text
‘a 0
12/13/65
of the proposed ordinance which had been distributed to the Council.
Tie motion was seconded by Comstock.
After discussion, Councilman Rohrs moved that the matter be con-
tinued, but the motion to continue died for lack of a second.
The motion failed or the following tie vote:
A?es: Comstock, Debs, Flint, Pearson, Rohrs, Sher.
Noes: Arnold, Beahrs, Cooley, Dias, Rus, Worthington.
Councilman Sher moved approval of an ordinance making an appro-
priation of $153, 000 in the Capital Improvement Fund for the acqui-
sition of land adjacent to Mitchell Park:. The motion was duly sec-
onded and, after lengthy discussion, lost on the following roll call
vote as it failed to acquire the regt:.isite 9 votes (Charter: Article III,
Sec. 12):
Ayes: Beahrs, Comstock, Debs, Flint, Pearson, Sher,
Worthington.
Noes: Arnold, Cooley;, Dias, Rohrs, Rus.
See
Page 96
See
Page 96
Councilman Sher introduced Ordinance No. 2272 entitled "Ordinance
of the Council of the City of Palo Alto Making Additional Appropria-
tions in the Capital Improvement Fund (Lambert Avenue Area Park)"
and moved its acceptance. He called attention to the draft which had
been received by the Council and specified that the words "and im-
provement" be deleted after the word "Acquisition"; and that the
amount be reduced from $ 182, 000 to $ 130, 000. The motion was
duly seconded and after a short discussion carried on the following
roll call vote:
Ayes: Arnold, Beahrs, Comstock, Debs, Flint, Pear, or,
Rohrs, Sher. Worthington.
Noes: Cooley, Dias, Rua.
Councilman Sher moved, and it was duly seconded, that the Council
approve an ordinance making c.n appropriation of $150. 0.)0 for the
construction of walkways, boardwalks, observation platforms and
an interpretive center in the baylands (recommendations lb and lc
of the Citizens Advisory Committee on the Baylands).
(Councilman Cooley left the meeting at this time and did not return.)
After lengthy discussion, Mayor Arnold moved that the matter be con-
tinued to the meeting Monday, December 20, 1965. The motion was
duly seconded but lost on the following roll call vote:
Ayes: Arnold, Beahrs, Dias, Rohrs, Rus.
Noes: Comstock, Debs. Flint, Pearson, Sher, Worthington.
lZ/13/b5
The motion to adjourn was duly seconded but failed to carry on the
following roll call vote:
.Ayes: Arnold, Beahrs, Dias, Rohrs, Pus.
Noes: Comstock, Debt, Flint, Pearson, Sher, Worthington.
(Councilmen Beahrs, Rohrs and Rui left the meeting at 12:14 a.m.
and did not return.)
The motion to appropriate funds for certain baylands improvements
lost on the following roll call vote (failing to acquire the requisite 9
votes):
Ayes: Arnold, Comstock, Debs, Flint, Pear,ion, Sher,
Worthington.
Noes: Dias.
Councilman Sher moved approval of an ordinance appropriating
$395, 000 in the Capital Improvement Fund for the acquisition of
land from Dr. Russel V. Lee for additions to Foothills Park. The
motion was duly seconded but also failed to acquire the requisite 9
votes:
Ayes: Arnold, Comstock, D' bs, Dias, Pearson, Sher.
Noes: Flint, Worthington.
Councilman Flint moved that the meeting be adjourned to next Mon-
day night but after discussion the motion was withdrawn.
Liquor, License - 993 San Antonio Road
The City Attorney reported on an application for an On Sale Beer
License made by Golden Hoof, Inc., for the premises at 998 San
Antonio Road, to be known as The Big Beat. On the basis of the
Policy De+partment's report, which had been sent to the Council, the
City Attorney recommended that he be authorized grid directed to
file a protest against the issuance of the license. The Police Chief
outlined the program which the applicant is planning for The Big Beat.
Mr. ?hilip A. DiMaria, counsel for the applicants, provided back-
ground ir'Jormation on the applicants and on their plans for the pro-
posed restaurant and dance hall. He answered questions from the
Council oil the arrangements.
Councilman Sher moved, seconded by Comstock, that the Council
file the application without protest. The motion carried on the fol-
lowing roll call vote:
Ayes: Comstock, Debi,, Pearson, Sher, Worthington.
Noes: Arnold, Dias, Flint.
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12/13/65
Motion to Adjourn
Councilman Flint moved that the Council continue the remainder of
the Agenda to the next meeting of the Council scheduled for Monday,
December 20, 1965. The motion was duly seca-aded and carried
unanimously, The meeting was adjourned at 12:37 a. m.
APPROVED:
, S-,4e1AA*ttl:4401‘.1A494
mayor
ATTEST: