HomeMy WebLinkAbout10261964City Hall
Palo .Alto, California
October 26, 1964
The Council of ;the City' of Palo Alto met on this date in a regular
session, at 7:35 p. m. ,, with Mayor Woodward presiding.
Present: Arnold, Beahrs, Byxbee, Cooley, Debs,
Dias, Flint, Porter, Rodgers, Rohrs, Rus,
Woodward, Zweng.
Abeent: Comstock, Cresap.
The minutes of September 2$ and October 5 were approved unanimously.
Pro'ect 62-5 "Miscellaneous Street Improvements"
Mayor Woodward explained that the public hearing was declared
closed at the September 14 meeting of the Council; that the Council
had voted to continue the matter to the last meeting in October to
allow the staff time to correlate and prepare written data on the
results of the testimony presented, and asked the staff for an oral
review of their report.
The Assistant'City;Manager advised, after consultation with the
bond counsel, that the per cent of protest is as follows:
Lytton Avenue
Hamilton Avenue
Diablo Way
Homer Avenue
May -bell Way
West Bayshore• Road
Clerno Way (Park Avenue)
61.40%
56. 74%
16.07%
31.22%
No valid protest
No valid protest
No valid protest (Mr. Tan's
request for continuance could
not be considered as a protest.)
Mr. Morgan called th.e. Council's attention to the tabulation in the
staff report which, compared contributions by the City, as well as
the amount of money assessed to abutting property owners, on each
M'the subject streets. He discussed the formula of assessment used
on each streetand stated thatas a result of the staff's re-evaluation,
it was proposed that the City's contribution for construction and
right-of-way "acquisition be`...ncreased to 60% on the Lytton and
Hamilton portions of the project, which would reduce the property
owner's assessment to 40%. In response to questions, Mr. Morgan
reviewed the benefits which will accrue to the property owners
paying the proposed 40%'assessment, the use of Lytton as a truck
route,, the trend of traffic on Lytton and Hamilton Avenues, and
the; unofficial situation regarding gas tax monies.
153
10126164
•
of Resolution No. 3780
adoption s s�° 7 9TnentS
Porter moved the option ion of lutioin A ed the cost
Councilman tit "A Ordering Gin which Chang 50150%
Resolution O eats from
entitled' a the Contribution of the
assessments and formula
Increasing 'Hamilton street Res.
� for Lytton and ram seconded by
formal The motion was was duly
to 6q�4(3%a.' moved and it lion Avenues
n Rodgers v aand Ham'
Councilman deletingLytton
After di.acusgin�nd.the motion by
seconded to - amend
signed by Rosa and Giacomo
ro ect 62-5.
The Project reading as
read an �,gxeezr:ent si$ 190
The City Manager T. 'fan, dated. October 26, `l,
S�,xssbucet° . an
buceto: Rosa
follows Giacomo Sam
f o undersigned, ,.ce to the fallowing
Sambuoeto and S. 'T Tan, a'�t" the Assessment
alto to witnd
raw ssessm
City of Palo - Ciacccno Sambz,ceto,
� is ask the owners' of Palo ceto,
and toallowT and the R District T. Tana Axasrxado,
�cos3 prove cetcPa k Avenue strip between
ero
ve the ' Palo Alto -
Rrda.n ybelle Avenue:
Road and Nia. Uuceto agree
Rosa Sam share for
Sambuceto and 00 as his
�aYTa provide $5,500.00 land: The
"Both G will
that S .e ,Tap nt and acquisition of the
furnished
The
the nce,etimprovement
i .e o Cost,
the share to romo
except for by Gia -
balance
of th:e cost' is to be provided
the- City ~a�, Palo Alto
by Rasa Satnbviceto.
Sambuceto and. starxdaxd of the
ment .must meet the curb
improvement the side. walk, "The street iMt and is to include fire lk, curb
City of `rg to Alto - storm rainag requestedyran by
rm d '
pavement, rovDage 4
and gaffe all other imp
street lights and
the City .of Palo Alto. ears
"The above
work is to be completed within two (2) y
from date, withdzawn
eat is valid
only if project is
"This agreement
district."
from assessment fed subject to the con-
dition be accepted file Council
the agreem �o advise
recommended be consulted . finding and valid_
1 -lc City Attorney agreement '
diti�ahat s'the make the ag property
�n what is needed tom whether F have an.
questioned the City Attorney on would
Councilman with aw eirprotests, or
whether they Michalski
withdraw their F the new formula. owners could under withdrawn.
a.dvs opportunity th toprotests
protest again effect until
advised that'pratest$ were in
After discussing,; whether the amendment proposed by Rodgers
negated Porter's motion, Rodgers withdrew his motion to amend.
Porter's motion to adopt Resolution No. 3780 carried on the
following' roll call vote:
Ayes:, Arnold, Beahrs, Byxbee, Cooley, Dias, Porter,
Rus, Woodward.
Noes: Debs, Flint, Rodgers, Rohrs, Zweng.
Rodgers moved, seconded by Rohrs, to adopt a resolution which
would delete Lytton, Hamilton and Clemo Way from Project 62-5.
The motion failed on the following roll call. vote:
.Ayes: Beahrs, Flint. Rodgers, Rohrs.
Noes: Arnold, uy,xbec. Coo;ev, ne-bs, Dias, Porter. Rus,
Woodward, Zweng.
Councilman Rodgers moved, seconded by Flint, adoption of Reso-
lutien No, 378,l entitled, -" A Resolution Ordering Changes and
N.odi.ficatior r; r. :n view of i:},: r:grc'.•ment between Tan and
5arnbuC''eto..tvouid delete. Cicrno Way irom the original. resolution.
Councilman /... t ng moved to amend the motion t<.> states that the
agreement be subject to:the proper guarantees. The motion was
seconded by Rohrs arid carried by r. major1.ty voice vote.
A resolution entitled 'A Resolution Overruling :Protests on Reso--
lution N,. 3741 a Re=solution ol, Pre lirt,inery Determination and
of intention" was introduced. On motion made and duly seconded,
the :-.esolution S',iite d to overrule t.! a ,�• major }�.`,,.<•,t .,inc<•• a/5th.
affirmative :ote w,aS necessary. .tG� roll call vote vtS as f!'ilows:
Ayt?s: Arnold, Bvj,' , :'ti r,1. �, 1';i:i' , P:>rt, , R:)s,
WO(doard. Z we^nct.
Noes: Eeanr Flint., Rodgers, F2,,hrs.
After detailed discussion, C::i>urc il:r,an Flint moved try reconsider
the „last notion on the resolu`icin e>verru ;nr, t.)rotests. The motion
to r<:conside r was seconded by Rohrs and carried unanimously t>y
a voice- vote.' -
Councilman; Zweng moved adoption of a resolution approving West
Bayshore :Frontage Rc>,ad, Maybe'll Way. Diablo Way, Honer
Avenue and all portions of,thc• project except Lytton, Hamilton
and Cl_emo Way. The motion died for lack of a second.
153
1'0/Z6/64
be resolved if the Council
could ,�. if thetC o and
d the question G Lytton 1V could
Mr, Morgan indicate deleting Council
end the proceedings by
amended. ;�
would to proceedings had not affected.
that after the p improvements
to consider the ,�A Resolution
proceed o_ 3782 entitled Lytton and
moved Resolution N would delete
Zweig, which delete
the motion
Councilman es and Modi��cations ro tct vote.
Chang va from the p majority voice
�irdhxing, demo "':: Y or. a
was Stan Avenue and Arnoldand u as adopted etice
ed by Determining Convert:
was second Assessment
entitled "A Resolution
37$3 + s Report, Confirming on
i Resolution No. Adopting Engineer „was introduced,andn a voice
and Necessity, and Acquisitions tas unanimously r d the d 'Work adopted and Ordering duly seconded., was
motion made and
3784 entitled '+�''
vote. Resolution �;o• ltkt1 Necessity Re
c Interest and - ri�ities
porter introduced Public utility Facilities
"
•
Councilman that_ the DetACquiermining eats for streets and On �notior.
:Resolution � � of�,Easexn Thereof. unanimously
quire the 'Taking
a tiara Possession Thereof."
unani t
along of Immediate Pa was
and the and seconded, the resolution made. duly - 3785
by a voice vote Resolution No. 741,
with the bond counsel. ton ix No. 3
pvexruling Protests on R
After consultation and of Intention and.,
�A "A gesolution Z" jeteri:�i.nation 5tconas
cntyt.rd ' Preliminary made and duly .
a Resolution of Pr odu • On motion voice vote.
S won was adopted unanimously by a
Modified"
the resolute
Weed Abate�n, enC the time and place set for
that this was fared weeds to r
pounced 3772 which der, given by the
a'pu l 'Woodward d announced
No. had been d cearing on Resolution
sblic hearing ,manner and form pro --
'video. a,'publiC .. notice o� p c time, In response
that he works in the �l Cara•
a nuisance; rt of Public Alta Municipal written
Supezi n Cho. of the Palo replied she had Co ez. I no
t q in Chapter City Cleric rep
to Uuexyr the Acting ear -
pr
oteits.
c
resent wished to speak on the matter, the publi
Since no one p • rloseci.. a the City'
was declsred a Council o- v
ink * o;� a. the
entitled "Resolution bated " was introduced, of the it
Na. 86 Weed. Nuisance Abated"
add tee". Unanimously by -d
Resolution n seconded, v'as p
and
of`.l,alo. x2to Ordering sec
cix+.7'�'''°"»or male and duly
voice. vote 20 rt.).)
ilrnan Comstock arrived. at 8: p.
{t;run4
.56
10/26164,
Council: Agenda Printing in ;,e Palo Alto Times
The Committee of the Whole considered the recommendations, of
the Citizens Advisory Committee on Pubi:-,c Information and recom-
mended to the Council that the agenda of the Council be printed
at City expense in the Palo Alto Times for a trial period of three
months,, using captions only, with reference to locations where
complete 'agendas were available.
Councilman Beahrs moved, and it was duly seconded, that the
Counciladopt the recommendation of the Committee of the Whole.
Councilman. Debs moved a substitute motion, seconded by Flint,
that the Council adopt the recommendations of the Citizens'
Advisory Committee report contained in Section 1, (a), (b), (d,),
(e), (f), (g) and (i•.). Councilman Debs after discussion, amended
his rnotion to add "for a six -month's trial period," to which his
second concurred.
Councilrnen Arnold, Byxbee, Beahrs and Zweng spoke in favor
of Beahrs' motion whichwas the culrnination of the Committee.
of the Whole's thinking.
Councilman Debs then.. further modified his motion to add that the
agenda be distributed free to citizens' organizations in Palo Alto
who wished to receive them.
Councilman Cooley moved the: previous questi mn and Councilman
Flint requesteda roll call. The motion to move the previous
question was carried on the following roll call.
Ayes: Arnold, Beahrs, Byxbee, Cooley, Dias, Porter,
Rodgers, Rohrs, Ftus, Woodward.
Noes: Comstock, Debs, Flint, Zweng.
The Debs substitute rnotion failed on the following roll call vote:
Ayes: Comstock, Debs, Dias, Flint.
Noes: Arnold, Beahrs, Byxbee, Cooley, Porter, Rodgers.
Rohrs, Rus., Woodward, 7weng.
To achieve better public relations and to avoid objections to cap-
tions, Councilman Byxbee favored printing the entire agenda. He
moved to amend Beahrs' motion to state that the complete agenda
would be printed in the Palo Alto Times, which was seconded by
Flint.
The amendment to print the entire agenda failed on the following
roil call vote:
Ayes: Byxbee, Comstock, Debs, Flint.
Noes: Arnold, Beahrs, Cooley, Dial:, Porter, Rodgers,
Rohrs, Ros v1�C7n�atz;,� �' /wend;.
O
157
.10126/64
.;mould. provide th?.t;
amendment which speak rovid' be so
oh.rs moved an ame could �' � pointed out
theCouncilman t on which citizens but Porter r P
sterns on: ehe agenda , seconded, technics', nt citizens.
: ,the Ynation was a ascertain since, his
marked. b� daffactalt t rice Ro'hxs withdrew
...would After discussion,
that this r 'item. Second.
may Sxnzak on every f his
with the, consent of
motion, Committee's recarr,men.datian.
motion to accept the Con
The t3ea}r3 Majority voice vote.
by a rnaj t the y'erommendataon9
carried Council adopt ime the
moved that the Cou Con„�tittee regarding attention
Dias mo , Advisory ht to the at.e
Councilman C�.tizens that they b brain seconded teflt
in report s 'the ,, motion was
Yi; sisal facilities and c r The he felt it un-
fair aCouncil's physical. the City ...nab, stating Dint of order, erxda indicated
of the architects by printed ag
bar; to enter ,but Flint raised a p „ motion.
motion 'When the
a simi.�s�
fair to entertain' the .Dads he wished top s secondingoti the
+u Business that st lint 'r e recorded a, son.
under New suggested F withdrew her mot.
Vice motor .AAfter
Dias motion. �.fter discussion, be directed to
Dias �and architect separa-
tion .staff remove the bephdi cal ed
lint Council
C l that t as to rem second part
Councilman F ha�ber '''' He stated the
�, CouCou Chamber
public. ate of the new
par
design a new ,.he P seating caP"�
�n the would
be Council c . the s city oft he
Lion between be to increase n Deb
would Councilman on the seat -
of his trotian 230 seats. 'minimum bPe to would put a The motion was
Council Char" n,otian a Flint «,� the
would second the than a specific number. «o sta�-
rather... amended his motion � seats."
seat-
ing capacity Flint amp. of 250
by jDe:bs "minimum seconders ha bets should contain avoid' vote.
Counmoti.on 7n declared lost or, a Clerk
The. motion was that the City Ochs, trial period of
moved, seconded by far a COurcil-
licxt e of tape recording deport.
,Councilman Flint by use Committee e-
`' d
take verbatim a :the Citizens` >te on record as
six months as o+xtld th Council that they into the facilities
Dori_
.,vend kind
of transcription thr. C tion to be incorporated
man � of transcriP
siring this lcina bet.
of the neW Council Cham favor of tape
Melville, spoite', in 680 M « citizens.
r van, an aid to it7t,xea.,ed
Mrs; Wiliia? Council meeting,$ as
a �'
recording the G not the Council's
out that it was rtes, use of tape
eaters pointed public, but
Councilman information,rxaxn the p' Council and the
to keep . line from both the himself each time.
intention alisolate'd�.�c-P identify him' the;•
;would :sot'irequire. speaker properly ` During
st at each P would be unintelligible. he ;natter
public or the xecoxdir� en indicated
spoke, Councilor tuber is
a
he several new Council Chamber pnsuQili discussion,
re resolved
;i the ,
sho�abe re;;o1•red ¢ti the time
designed.
158
10/26164
e recordings of Council meetings failed
The motion to provide t,a,, p
roll call vote:
on the following roll
Ayes. Comstock, Cooley, Debs,
Noes: Arnold,
geahrs, gyxbee, Dias,
pU='texr, RadgeYS,
Woodward; Zweng.
Fic>hxs, Rus,
ends _ l9istribu�on Council .copies
Counacil A to the Goun
of the Whole recommendedwider thedisCouncil that to op.
Committee agenda be given �tribu-
making, them available for use and disfor
tribu-
tion of e.
the minutes and hto by r;munity Centex,.
residents of Palo City Hall and the Co and it
1Xhxaries, Porter moved,
a at the` City period. Councilman this recommendation.
and
a three-month trial t ouncil adopt
was duly seconded, that the G
an amendment to the motion, which was
moved mil minutes and agenda be
diCouncilman
ly s c nr. Rohrs ._ seconded, to, provide that the Council dilly olive and fire stations.
a1sd, available at p Drive, expressed concern
1564 Walnut D- the public
ac;�Cenz1e� personal contact between. Mrs. Barbara. she ;fe lack of p improved en. t than
what she felt was a needed to be
and said this
and the Council. She'
technical,facilities. tried on the following
After
discussion, the Rahrs a.mendment ca
roll call vote: Q Debs r Flint, Rodgers,
Comstock, Cooley,
Ayes: pea'.cx��
Rohr s, Zweng..
Noes: ward.
Bxbee, Dias, Porter, Rus, Wood
'Arnold, Y
a voice vote.
The
Porter motion carried unanimously by V of the Report
refer' SectiOD' IY.I :hrovg of the Whole
Flint to t�e to the Committee �e and
Councilman P r Committee g xis
Advisory was secc"�ded by y
of the, Citizens' discussion. ' The motion
for further disco,a
carriedunanimously. by g xbee that
and it was seconded y xbee, .e regarding
moved, Advisory Committee the
Councilman Dias Citizens' Ad brought to
the physical
recommendations of r the new civic center beGro gghmo the
the physical facilities c the City 'Manager.
architects by her motion that the red,.
attention of the a would include in .Went be considered,
asked if Councilman ty of remote television, equip' to the onsiderenda-
but she and feasibility. keep her motion solely she explained
stated she ;wished to to tluoleiy t
in the report. In answer
bons cot�tainetl
159.
lof?6164
an office for Councilmen te
wre*G (1`r ns�"Ph'�gz
referred to 'public. {2} exhibit
facilities individually with the p� i adequate.
that the physical ceen , epubl c and
the Council an.. (, carried
x .'
where they public s, motion then use tw r. n the. � Chamber. The cal barriex h tike Council space p ovir�ecl vote.
a vpict reconvened at 9..40 R.
xzi
�at�:anx�pue,'�.hy and xechn
recessed. at 9-.30 1p, Tr..{The Gauncal, did notes. n. )
R„ trac p°r Peninsula 'Transit Lines Whole recommending
contract -with Committee of the
fr.ntr, the with
Prrriz�.sL,la Transit
., received eontra.ct. that the
P r•eYanr.i �"� 13�r'r'�'�th seconded, , nr;xe and
Council0Ved.. ,, It was moved, and duly at�tn•
to the recommendation ��"
Linepa bet PFroVee Committee'sr.eco�s'
s rho rn1'+tr�rt'
dive
t Council the
nr rn,.a;rvC'�t:P to t+t�° `t`'T4'i`�
the M?y. 1 -01A -tin di�'�'"t h p roty�»al Co
t reCUested that hi P this time. Flip 4e:3 at would e<
�.,+�»oilman agenda, be discussed delegateo
x bd out
aK _• n .the The pox
rd late p out,that motion on
��r Cut bus service listed t.�� � ;� �,n`
a pceed through the agenda rvic
Rnhti;•�x pointed pr the authority Ch rity irrul 'Manager lwouldp'
Chair ruled the Council '
orderly fashon. „�,re► to
'rho motion r•arried unanimously b-..,
Recreation P on Vises.. Whole
ate Committee of the parks & from the C,orn.. ;ndi<<i�Ge
t all requests t'� from
been received �f r�indivi ua
N epot had. to thy. ,Council that ,„ „ar
trr ;l ,xri+h" r
recommending goge ta.vP• 1,ortg rn of the r Crone...
it n4 for ht to the attention ia ! ",r
;,r.r?. " ¢ • +ttrr� frr.^' the
prft.va, or
F.111-r.t,Port ?�'� �p�.
r7 awl <.aTt tk'd tiTllnim
duly seconder
$r, ahr,e, „ wr adopted.
r,Ct ?� motion by e r+rt1rrlend'at1{�.• qr+1'=RJC'1)
+a rr •. rm� in ti's ��.
the Ct?m Ltee ,. ,�� not }�art�cilt�
room roil
ttll'P �'
(�''••�t�Y7CYi�T}1.lii • o �ll(•+Vx;J1R rt,al}er}
+n'�o r:e7
o•he,f
r“,1 �, p Great {h4 -'[IPA??•
of Wit. Albert the i.
A Lea?ti Church t'hA
;aa;f+t+ a+a"'ain�
portY'>�x',;.�...;.�.••, i•.t�mT`" nn hvha.l.f ^S
°o plarni».¢
frn,�,,t2ie t wp f�•riat. '(r
report sid r:et C�v°' al of. Frank ., conditions in bphAd by t;tir
A x�p thA-a,p>' F . condi , a
rrecl Przm the. ;t to allow the to
,Great fr a
;t had c�n9,.d Al!'??taTt the' a trap perm Arty known ?
the Church of its �raint.in fa+ il;t:ea or p''�u
tl-tp Zoning roof off .:street parking ��1 tnn^at. -
10/26/64
Zone District R-1 (Single Family Residence
61 ;and 81 Kent Place, s ,aces required by a
p
bons), in lieu of off-street parkingrnadi£ication of the conditions .-
Regulations),
previous use permit, and recommending
of 'Use Permit Application 64 -UP -7 as follows:
"a) Location .ofa double yellow tine seven (7) feet from the
perimeter. All paring to be located behind this line.
. foot wade privet hedge to :each,
'b) Location of 'a three�,(3). .:;t to the exiatirg. chain
six (6) felt in height at maturity n�
link fence
d other features to be as shown on the
"C} .All planting
new plan entitled ' Parking Plan, 9.1 30/ 6�.'
picnic tables and benches, bicycle
"d) Recreation, facilities, area shall be:.made
rucks, etc., now located in the parking
mobile
,- in which case they shall be removed from the
parking, area during. church andl or social functions, or
As
shall parking area permanently.
such
be removed from rk p" aces now occupied by
an alternative, those parking spaces
facilities shall be relocated.
re shall be a minimum of one hundred and eighty-seven
e). Tae.
(187) off-street parking spaces.
ad electroliers shall be removed or altered
'£) The unauthorize of Condition No. 9 of
to ac:ize<<e tie intent �nd purpose
Use: Permit 59-13P-
The above conditions to; be accomplished within a ninety
��g) royal•
(90)' day period after Council s.pp
" hall be designed to protect
��h} Exterior lighting, if used, shall
adjacent residential properties„ To this end, no light .source,
excessive spill light or reflection shall Complete
be visible
detailed
from
adjacent residential properties. Comp
lighting plans with specifications shall l be
sebrnitted
for approval; onshall occur
g No electrical constsha
.
s„C1.
prior to.approval of those ( plaps .
re ss to or from Kent Place
„i), . Theme shah. be no access or eg time."
by vehicles or pedestrians at any
in r�
answer to qua Zoning Administrator FourcroYr di ateehdat a cash
b -: c
be, an excel1esit idee
a if the Council instituted a requirement
equ
bond bey:filed When a -.use permit is granted "''iii''' would be forfeited
leted within a
r permit were not comp
if the conditions o:- the use po a diagram of the subject property,
xeas Four time. : Painting
lamed that the essential application
was that between
they.,
mss; original
tts pp cxp present pp
oxiganal use",permit and the
the property did not include the portions which border lent Place.
He indicated thelocations where the 3 -foot wide privet hedge was
to be planted as'a buffer at the lot boundaries.
Frank Lee Crist; Jr,, representing the church, declared that of the
19 property owners bordering the area, 15 were in favor of the status
quo. and 'only four were opposed; that a compromise had been worked
out to the satisfaction of all co- . erned; that the picture presented' for
the record depicted .the -variety and height of the hedge now proposed
hy'the Planning Commission; axed he reiterated the, information
previously :gxven'to" the Planning, Commission as contained in the
minutes for September 30, 1964.
Couticilman::Zweng moved, seconded by Byxbee, that the Council
approve the rccom»n dation of the Planning Commission and approve:
the use permit.
Mrs. Tho:mas:Sousa,80 Kent Place, questioned the length of time
whichwould be allowed, oefore the Church would be required to install;
the 3 -foot ride hedge, and what guarantee the neighbors would have,
that the hedge would. be watered and maintained. Mr. Fcur .roy replied
that the use permit required that the stock be planted within 90 days' of
Council approval and that the stock be maintained as necessary.
After consulting with the Zoning Administrator. Councilman Zweng
amended lus motion to addthat the hedge be from 5 -gallon stock.
'Councilman Debs moved a substitute motion, which was seconded by
Flint, requiring: the Church of St." Albert the Great to conform with
the original. use 'permit on the grnunds that the double yellow line
would not keep .automobiles from parking next to the hedge.
The Zoning Administrator explained it would be administratively
impossible to revert' to the conditions of the original use permit; that.
everything desired.,co-,i1d be accomplished by accepting the recommenda-
tions of the Planning Commission.
With. theconsent of his second, Councilman Debs withdrew his motion
and offered an amendment to the motion which •would change the
proposed 3 -foot hedge to a 7 -foot wide hedge.
The amendment was duly seconded but failed on the following roll
call:
Ayes: ';,omstock, Debs, Flint.
Noes: Arnold, Beahrs, Byxbee, Cooley, Rodgers, Rohrs,
Rus, Woodward, Zweng.
The motion to approve the Planning Commission recommendation
and issue the use permit subject to the above conditions, carried
on. the following roll call vote:
Ayes Arnold,,Beahrs, Byxbee, Comstock, Cooley, Debs,,
Flint,-. Rodgers, Rohrs, Rus, Woodward, Zweng.
(Councilman Dias returned to the Council Chambers at this time.)
Use Permit Appeal - Bennett B. Kilpack
875 ArastraderoRoad ;,(6:4-UP=13)
A report was received from the Planning Commission recommending
that the Council deny'the appeal of. Bennett B. Kilpack from the decision
of the Zoning Administrator to deny an application for a use permit to
operate a private;; day school at 875 Aras*.radero Road, Zone District
R -E (Residential -Estate District Regulations).
Mr. Fourcroy answered questions from the Council and elaborated
on the detaile of the application stating that on the basis of testimony
presented, he, recommended that a private day school at this location
would be detrimental to adjacent property owners.
Bennett Kilpack,875 Arastradero Road, reiterated his testimony as
contained in the minutes 'of'the Planning Commission of September 30
1964 There was a discussion of the acoustical characteristics of
the area. In answer -to question, Mr. Kilpack stated he would be
willing to accept a lineitation on enrollment of 70 students; that
he had been assured by the attorney for the estate that the private
driveway lease was effective for five years; and that he hoped to
purchase the remaining three acres eventually.
George Konton, 144 San. Juan Court, Los Altos, stated he also owns
property in Palo. Alto;that he has two children attending the school
where the academic standards are above average: that he had personally,
investigated the subject property and disagreed with Mr. Ditz on the
distance between the children's play area at school and Mr. Ditz'
front window.
Mrs. Robert Pappas, 26895 St, Francis Drive, Los Altos Hills, said
she has two young children attending` the school; mentioned the
acoustics in her own neighborhood;'and commented on the change in-
character of the subject area with the expressway and Arastrade.ro,
interchange.
Mrs. William Minford, °42 Los Altos Avenue, mentioned she also
has a business address in Palo Alto; that she did not feel the neighbors"
would have a problem with noise since the children will be in .school
from 9 to 3 and that in rainy weather they would be inside all day.,'
AOrtaId,
the: street
36_
eet o3
objecting to the locationth$ Arryank Street, s
cbt . walla of a private
and rev el the
very School;- '�`pac��$Lefcourt'.��'�p Alger to school there.
his
a previous
Across
ib; gd in that hee r
,o blot_ are, two children
testimony
treating.
and er property
,Opar ticks from school*:
pointed out e t
ger $ the subject
b t terp ro ham as as valuable hO°to Lathe F- at a , one
�je' decl�t, neighborhood dxne �,�� � rectify her as �r �`•f�c ���`
e� �� algho �Q'�pro autly fr�y� herdiscrepancy x,�
all ka gh pert
$ b a � thebe
the Councilmanin application
schoolswouldClCo be den
Its Cl:nan inglease
alldt tothe
Oeral
should be t0 deny testimony
proposed
League there °� weekends.
went quie
ea.
aayit�$ t$ a baaiBeo few. by Mx weekends. at leapt it wo: ��'ld Ze
°�
/63
6/64
','pli cati o>z.
N
i
e
x
Y
It
was n'aved and r��o and a� �"
C,om nzrnenda.ta Y seconded
Bind re off° x and dehY the forth in esoi City Councl
tp C 3';S: P ape�.ty hzi tivn aPPeaI of _4s ution No. l o adopt t ie fiadi
Frank L,e as 1035'. and l5 gtz for a cae g `�'xtnjng nos
Tian presented'
e Cri,�, J:4".., a Street fror' R-2
of Septembr ,to the rneY 'f°r Mr, ... ,n
tion and .' f .1' Planning Commission%'zas nta
design f e 'adJacerithouse,
4. Hedisplayed apicture
as contained rev'awed tiz� i
shop "eet Par ' shop houh , and.. i artist's 's re ' g eq the :n ma/
rr:.
8 a two pare t s draw' rovidithe ;t sea minutes
e2 $ of t Caner
M xhe for I Schmidt, 5$. s which would Provld '�aeral
corner T.xi adequate
opposed e . hmidt, and pp,Court
had delayed ro Lizxeoln VOOd$ .de
the dyed. developingn?aerc in zoning "t and adjacer;t' owner bj they.
showing
present buffer `their nimg alart t4 the sus, : PxaPexty
to delay exterior
then property until Al- a. She subject'property,
build . uld continue. h was Y,
deter sal they
which "'zee'��oi' ti��.f `ze• She mi
She wing at
face are -unit presented
a,
and Ir d alai ` L. ra o.1 afar erxted a . , whether
build
wh w ti the applicant n to avoid tic co the nz`ztzi l
hzch.1g presently
licant��also owned
traffic congestion .aia
Philip �,� rE ntly undeveloped'' d Proper zz ion ,,�n nir*g
rePoxted Y, w'za sai and property �t-Chan; . Alma.
absentee.
ose that since d he had lived adequately tarp
in n�a Q�'ner;e;had half the: block h: at 1 o2 Iii Y '°ned:;"
favor at an Iet ,the had b gh Str f
area been zoned e,,t for 3':
e
Y change to create
deteriorate
for b years, buSine °r7te into a uSanen:i r F,
s� which he
t).Mrs •1d would , tea.
s
of the record,
12 eJuven to the
rd` opposing a $ rYant Street, read a letter �,b. I
carried wltl, one uphold .the Planning which �'s par`
derty the
vote. Commission
and
Rorie Chaff
8 e;..: to
5l .and. >36"F- to Srx ..G. Moore and
e P et. Mar ar
Th la:anix� (tr¢:�~�I et .doss
Lion of Stephen
�orz�mi.ssi..: "-,-...
of Lots nning C. on reported
ton known 56, 57 anMoore and Margaret
heyhad considered
LotsResidence. as 5/8 R and'5 8 of i3lock 50 et UnivRossersity
far a Ct i the , ,et
ulti known
' it r ct) to:,55 36 Fulton 'Stree t, from
si ty Park
e a , : Ca -
f
Y District)
R (Sin t, frarr,R-1 k �'es Ct'
.District gle_ c�, -other_
rrieniid denial i/ for .Regulati J and b !Single. '
application.
ans nd �y Resldence_R ' a��ily
C°�CYIn,a to of , extri�'rted
raC vote
Council adopt:the
zz,oyen } to -, ri,com_
Moore "01 the-f'Iarz,a-indlr: findingsandseconded b
e andMargaret
fin n recommendations
Rodgers i
as t3 '536
��r� ret_„ Commission �'endarions � that the ,
No. 2
l and 5 36'Fultor� 08
s"'fo'r a change den. the aset forth in �,:ty
Street from R�� tU �district of pr aAezra+ c � � non
P' ry }%no�'�z
1 6 5
10%26/"64
Mrs. Stephen G. Moore stressed the Planning Office'r's rea:oris..
fox recommending approval of the ,application as an undesirable;
location for single family residence on property which is bovrded
on three sides :by either R -3 -P or R -1-R zoning.
Councilman Zweng noted that no one had appeared in >ppositiion to
the, rezoning, that the ,Commission's recommendation was a ,!-to-3:
decision and he therefore moved a substitute motion that the lappli-
cation: be approved. The motion was seconded by Bea,hrs but, Cooly
pointed out that the substitute motion was exactly the reverse' of the=,
original motion and was not necessary. With the coni;ent of ;;sis
second, Zweng withdrew the substitute motion.
1
The Comstock motion to uphold the Planning Commission to 4!eny
the application: lost on a voice vote. Councilman Deb called1for
a roll callbecause he had changed his vote. The motion lost; on
the following roll call vote::
Ayes: Byxbe:e, Comstock, Cooley, Debs, Flint, Rus.
Noes: Arnold, Beahrs, Dias, Rodgers, Rohrs, Woodward;
Zweng.
After discussion the. City Attorney advised the matter should ae
returned to the staff se the proper ordinance could be drafted!to
allow •the rezoning and to include whatever suggestions: the Cciuncil
wished• to make to justify the change in zoning. The o rdinaac,i:
would then be returned to; the Council for first reading.
Councilman Zweng moved, seconded by Rohrs, that the application
be approve.d subject to referral to the staff as recommended 1 y the
C ty Attorney. I
Councilman' Flint moved to refer the matter to the P1a Cm.mission with'the request that they review the zoning in the entl:re
area. The; motion was seconded by Byxbee, but failed on the 1
following roll call vote:
Ayes: ` Byxbee, Flint, Rus.
oes Arnold, Beahrs, Comstock, Cooley, Debs, Dias}.
Rodgers, Rohrs, Woodward, Zweng.
The motion to return the matter to the staff to draft the proper; ordi-
nance approving the rezoning carried on the following roll calls vote:
Ayes: Arnold, Beahrs, Dias Rodgers, Rohrs, Woodwa+rd,
7 weng,
Noes: Byxbee, Comstock, Cooley, Debs, Flint, Rus.
166
10/26/64
Councilman Cooley's Motion to adjourn the meeting to the following
evening died for lar(c of a second.
Zone Change 105: and 145 San Antonio Avenue (64-ZC-11)
The ;Planning Commission reported it had conducted a new public
hearing on the zoning for the property at 105 and 145 San Antonio
Avenue (otherwise known as a portion of the J. J. Morris Company's
Subdivision of Lot 8,of the M. S. Louck's Tract) and recommended
adoption', of an ordinance rezoning this property from P -C (Planned
Community District Regulations)to R -1:B -8:A (Single -Family
Residence-Special'Building Site Regulations).
Vice Mayor:Arnold moved, seconded by Beahrs, that the City Council
adopt the findings and recommendations scat forth in Resolution; Non 3
of the Planning Commission and introduced for first reading an ordinance
changing` the classification of the pro erty at 105 and 145 San Antonio.
Avenue from P -C to R -1:B -8:A.
Richard Blois, '-701 Welch Road, attorney for the applicant, stated
he felt`the rezoning •should be denied because, in the words of i:he-
1?lanning Comm "the Public interest, health, safety, morals,
rals,
peace, comf.ort, convenience and general ' e1f'are" did not regcire a
change of this kind He reviewed the 10 -year P --C zoning on tile
property and questionedthe of rezoning the property when
the public interest, health; safety, morals, peace, comfort, c 3n-
venience and general welfare had not been endangered previoas.ly
He presented the development plans proposed by his client and, ob-'
served'that none of the neighborhood associations had objections
to the par;' that one letter from John Sobrato objected to two-s•;orye.
apartments within' 15 feet oz the property line, yet if the property.
were rezoned' to R'-1, this would allow one to build even closer "to
the property line;' that under present P -C zoning, the setback could_
be determined in"advance; and he called attention to the railroad"
tracks, church, to the north,: overpass immediately south, heavy
traffic on Alma, and the commercial use "maintained on the property
previously. He opposed using the lard for a park because the rand'
isnot large enough, not in the right place and :not suitable; that it
would be prejudicial to his client: -to rezone the pr.onerty in antir_.ipa
tion of purchasing the land for a park. Details of the proposed
development of the property were delineated by Mr. Blois who advised
that the adjoining property had been acquired by Mr. Clarence Minnerly
and ,h a wasplanning to extend Bria.rwood Way to San Antonio Way
with a cul densac dropping into the `R-1 parcel serving Briarwcod
Way; that Minnerly had indicated approval of Mr. Rettig's proposed
plans and felt it would be"advantageous to him; that Mr. Fingulin,
who represented Minnerly at the Planning Commission hearing ways
in the audience, that Mr. Rettig had entered into an agreement with
Shell Oil Company for the use of the land on the corner and had applied
167:
10/26/64
for a use permit which was pending; that his client had a right to use
his property in a way which had been authorized in the past; that this
would be equivalent;to a "taking" -which was only allowed under certain
compelling conditions and this case did not fit those conditions; and
finallythat the Planning Corrmission findings stated the owner' of the
property had not given «slid reasons for retaining the present zoning
and Mr. Blois submitted. it was the burden of the Planning Commission,
not his client, to provide those reasons. He then discussed the find
ings of the Planning Commission which he felt were mutually incon-
sistent; which could apply to any piece of property in Palo Alto,,
and which failed to specify in what manner the health, safety: or welfare
would be affected.
Milton Crane, 4160 Briarwood Way, contended that if the applicant were
applying for P -C zoning today, he would be required to submit detailed
plans and that the applicant had one year in whichhe did nothing; that
there were ample service stationsin the area and the former owner
went broke on that corner; that the character of the area changed when
the overpass was built.
Al Fingulin, 263 West Meadow, representing Mr. Minnerly, detailed
the plans underway to develop the adjoining property; indicated that
his client felt it desirable to his single-family development to have
garden -type apartments such as proposed by Mr. Rettig; that his
client was not interested in the corner lot because of the traffic,,
noise, and tunnel.; but was interested in having a good apartment
development built there.
Larry (uglielmelli,: 2$8 Ferne Avenue, representing the Fairf eld
Homeowners Association, endorsed the Planning Commission's recom-
mendation for residential development.
Mike Ardley, 352 Pa.rksi:deDrive, representing the Greenmeaclow
Community Association, stated.: that at the June meeting of his associa-
tion, .it was their unanimous opinion that it would be undesirable to
have further.comrnerc:ial development in that a r e a. bounded by Middle-
field, Alma' San Antonio and Charleston.
The Arnold motion to uphold the Planning Commission and deny the
application carried ona majority voice vote.
An ordinance entitled "Ordinance of the Council of the City of Palo
Alto Amending Section 3.02 of Ordinance No. 1324, the Zoning
Ordinance, Changing the Zoning of Certain Property Known as
105 and 145 San Antonio venue from P -C to R -1:B -8:A" was
introduced and on motion made and duly seconded was accepted for
first reading' by a majority voice vote.
1.6$. .
1oiz6164
of the City c,£ Palo
of the Council City of palo Alto,
„Ordinance Map o£ the Ghaa io
g the e f Fire Zane he Cade by
An ordinance the Official Building k'xre
Uniform Antonio Code) from
Alta Amending 1601 0£' the on motion
Section and 145 San a
ng
California. � Kno as 1.05 was introduced and reading q1
the a Property Fi No. 3 first
to Fire Zone was accented for
Zone No• seconded.
by Comstock:, duly
a majority Voil ce vote.
...�rQsein aci.fi.c Con�.�::ree e
G61-- le Ave t ern hed
..,..-• u �,t had been rea��
s ent wi tan t th,. Churchill
renounced. a improvements a seea4; rd,.
e Pacific
any for imp r s a duly
Gav�ncilra?an $ romp rived. and a- be suth°rize,d
Southern ad c ro and he m,
with crossing a accepted anal that the Mayor Avenue railroad � accet�
the sreex?ncntbe
that execute it• the agreement
and directed to ex , _ a e x explained that the<enc fencing,
the City Manager cra inedy and
installing
tee at the the oration
1n answer to question, safety. gates
sortie time.
provided for in u deK, negotiation neg
Gh has beex, a voice vote•
ca unanimously on
carried
was duly seconded, that Councilman
d it 19b4 to COt1).e r
stack moved ' November �� of the
Co�xminlx�tbe Corn Monday, L t as Committee adjourned t;1 M a
meeting be adj cted upon. and to meet agenda items not a, tex:
immediately thereaf ously at
Whale ;tnxn and carried unan
1964.
was seconded November i�
Themotion to .adjourn until 7 30 p• tn., i15$ p.m,. to ad3°uxri
AFFtOV EL