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City Hall, Palo Alto, California
April. S, 1963
The Council of the City of Palo Alto met in regular session on
this date at 7:30 p.rri,, Mayor CreSap presiding.
rasa", Debs, Marshall, Porter,
Present: Bishop, Byxbee, C r Rodgers, Rohrs, Rus, Stephens, Woodward.
Absent: Arnold, Dias, iweng,
^' aPP=oval of the
answer to the Mayor' 6' staters. ert reg_•rdi
In. a... Mao c363, Councilman Debs moved to
minutes of the meeting of March Z=', 1 Cou ,;rs�.•c�rs to them."
amend the minutes by adding after the words ' a.^d his
first aragraph, the following specific questions by Debs and'
in the p
by Santee:
"Qtiestion: If the School District were to
d would xtra rooms
this not
to existing elementary schools,
make the elementary school exceed
e 450 d'
population maximum set by the
Ar;.;wex:
In some ca$e. , yes.
Qucsticn:
1-ias your office ar..d Mr. Foc,rcroy's office
completed your ,;oir.t study?
�<,rz.' v
Y.= was (.3.•rri d by a rx'ca
The motiontmotionw-z.,> seconded az';,1i3.ft�:r discussio
e minutes were then a.pprov`:d as distribute . r
voice tote. 7'.. h
A Motion, made by Dyxbee, seconded by
C,«,s:,p to agrzi^ refer
•
the method of taking.r':t.ir_utes-.to the Council er omCommittee on Procedures
for review. was loat r..y. a majority voice vote.
d Zweng arrived at 7:47 Z. r,(1 N..•e:;'e
(Court. ,--me:•x Dias n�_
present -.for the balance of.the meeting.)
iewcoxnb Es*'�t_: �
rc,ceive.d from the Citizens' Advisory Committee
Council
on Parks and -Recreation with -reference to the advisability of the
author izin.g an. appeal: to the Prob
Newcomb Estate. property at 20Z7 Emerson
sonStreet. rls not The
-Co fors park
general opinion waS that the subject property ar..d therefore it was
recreation,purposes.-because of size and location, efforts to acquirei was,
- recommended -that the City abstain. from any
- this property.
seconded by Vi:ir. ah�ii�, that
Woodward, tic
A :notion- Was made by _1 t .i, f"Zi7Y1 t�'!r• tiLttl.�t'3
:r st."li<:.t€ d not to f. l . ap
Attorney '�t" "
the City
decisiondecisionin
regard to this property.
c.� ....;rd by aAfter discussion. of the matt«%.r, ther,ot.:c: v. :
voice Co;.nc z'.zt1;� Rndger ��: �
majority- - vote,
Amendment > to P -C Development Plan
Portion of Lc>t 3� oos er u ivi,sion
A report was received from the Planning'Comrnissior that it has.
recanaidered the application. of Walter J. Harrington, Conrad G. Welling
and Paul A. Reyff to amend ,the P -C Development Plan applying to a por
tion.of Lot 51, C.M. Wooster Subdivision, otnerv.,ise known as 3176
Middlefield Road, wherein an alternative plan was submitted, and 'recom-
mends approvalby a vote of 4 to 2, in accordance with the following
conditions;
a)" Permitted Uses: 15 apartment units.
Structures': 5, as indicates: on the plan.
Height: 3 two-story structures of a maximum
height of 26 feet, and 1 one-story structure
of a maximum height of 12 feet, as indicated
on the plan.
c) Site:
Setbacks: • Front; 28 feet.
Side: 20 feet and 14 feet, as indicated
on the plan.
Rear: 41 and 46 feet for the two-story
structures, as indicated on the
plan., and 22 feet 6 inches for the
one-story structure.
Architecture:As indicated on th.c plan.
Maximum lot coverage - 12,419 sq. ft., or
44. plus or minus per cent.
Open Green area/Dwelling unit -965 sq. ft.
Landscaping - In accordance with general
standards, and as required by the Use Permit:
Off-street Parking: , 23 spaces under the apartments, as indicated
on the plan.
Signs: In accordance with Sign Ordinance for R -3-G
District.
f) Development
Schedule: Start within 45 days of Council approval.
Completion within 9 months thereafter.
A motion was made by Porter, seconded by Stephens, to amend
the P -C Development Plan in accordance with the recommendation of
the Planning Commission.
Planning Officer Fonrcroy and Planning Commissioner Stromgt ist
explained the proposal of the applicants and answered questions in re-
gard to it.
After ,further consideration and discussion., the motion to accept
the recommendation of the Planning Commission was lost by the
following roll call. vote:.
177
Ayes Bishop, Marshall, Porter, Rodgers, Stephens.
Noes:
Variance 1Utader.
Byxbee, Cresap, Debs, Dias, Rohm, Rua,
Woodward, Zweng.
A report was receive -I from the Planning Commission unanimously
recommending, approval c..: the application of D. G. Ulanc'._r for a variance
to permit construction of two off-street parking spaces 16 feet from the
front property tine and one off. -street parking space 8 feet from the street
side property line at'2233 Alma Street, Zone District R -3-P, where
Ordinance No. 1324 otherwise provides that such spaces may not be pro-
vided in the required front yard or in the first 10 feet of any required
side yard which abuts a street.
It was moved by Rodgers, seconded and carried by majority
voice vote to uphold the recommendation of the Planning Commission and
approve the variance.
A report was received from the Planning Commission unanimously
recornmend.ing approval of the application for a lot division of Macario Y.
and Lupe M. Salas for property at 775 Color?do Avenue, being a portion
of Lot 68, C. M. Wooster Subdivision, .subject to:
a} Reducing the width of the rear lot to 60 feet.
b) Payment or segregation of Assessment. No. 227,
Bond Series 'JJJ and to furnishing evidence of
payment of all payable city and county taxes.
On motion :by Bishop, seconded by Stephens, and carried, the
recommendation of the. Planning Commission was accepted and the lot
division approved in accordance therewith.
A report was receivedfrom the Planning Commission unanimously
recommending approvalnof a lot division for the property of George A.
Forrester at 4147 Old Trace. Road, being a portion of the Briones
Partition`, subject to ftirnishiag: evidence of pa.yznent of all payable city
and county taxes.
After explanation by the Planning Officer and discussion in regard
to they; property, a motion was znade by Poster, seconded by Stephens,
and carried by a majority voice vote to approve the lot division in
accordance with the Planning Conimissior.'s recommendation.
Ordinance No. 1324
A report was received from the Planning Commission unaniznously
reaffirming its recommendation for an amendment of Ordinance No.. >1.324,'
the Zoning- Ordinance, to permit two-story c.orstruction in the R-DUP
District, and requesting an opport r - ta cation.
178
su Stephen. Moore, 750 .
PACrt of the ordinance Bryant Street, ^
ance amendment. addressed the
1',b�, Council in
Planning Officer explain
ed th
R matter
z as cli to .ssed.. A Illation. by the recommendation
dulyn e c seconded,
and the
of duPler.,�,,w only bathro fius duly recorded
was lost .by"the following
and bedrooms to to amend the
Ilowin� roll tali vote in second stories
AY< s, . -.. tie,
I zshap, Cresap, Debs, Rus, Woodward,
Noes: BY'Xbeey .bias Zia-eng-
..;Steph�er_s,r Ivfarsl;ali.Porter, Rodgers, f{ohrs,
ordinance
Palo An rdina i entitled "Ordinance
No: I 2�,, t Sections 6A. a of the Council of t,
the he . Amending
Ordinance, 9• oA. I 1, 6A. e City of.
DUp hesZon.i , nance, Permitting 12 and , 20
was aec was introduced a �n r oti 'nvo_Sta d and se Ordinance
et�ted for first reading and on �zotio:t uctzon.'n
"'by tlxe following made and Seconded;
`Ayes' Bishop, rol; call vote;
$yxbee, Cress Rodgers, �'Zohrsr xis, Stephens, Dias, Marshall,
TvYar; �nai2 , Porter
t
Noes; Debs . , Woodward, Zwe
ng.
us System
Ittr
had beeayrC tswp nnouriecd that the Special
t"heir, directed to report rep port to the Committee Transportation hlein
matter en`da.tioyls on local of t Committee
be ;ronszde l bus transportation,
Whale v d muted
the
of the Whole,.
y , xed':'directly by poxt3tion regard.to
'Ile ht�Ie ", and moved that' mi
of stated The as seconded
rather b
Chat motion ui•
he had and was than Committee
from, this received ed by
letter s carried un old as
i�; -'�ee.txr�� in which ter from Council
hic,h man Arnold
his oPzniprt , he he :requested that I.is
rhat accumulated . capital, equipment colleagues (absent
ar�inc; capital funds, pment (buses) �3ues be advised
increase' ir, the' but the operating ) cauld be d be r•ed: by
submitted eea to. property tax rate; ''vst should be use
the Voters for a that the whale xnet"through
ppxovai- propositionshould be
The Mayor "`===rind •
transportation
reminded the Councilthe that if a
proposition the M�.y 14th proposal on local
requested Would have to be municipal ee bun:
Councilman decided .at ballot, the wording
to make a report.' wflod.va rd, chaff • this n�r'etirzg. He then
.. rnan of the
special. committer,
The z-Cporr, of the
distributc,ci Co the he special committee Council rrie , cF> was read
c e
Phi S. znbe» s prior to thc.:n a ti op. had been
Committee
Flint, `� �"��:).
mm h j 2256 Sr;� recom-
mending l or pu lintTransportation, nta A is Street,, s e,f ,.
a the. bie Council add. Council, i r;
p ki„ ,, ;
xheie i ,it ;;p not rush "essc�n on ...t.izeve'
ioild take sc�i7ie �3,cC'ior, into a decisior
ecam_ prefer. it not to h on the n�,atter,
studied,,,perhaps
�s w�ithir, a .short time. � � never-
theless no t t a this a ballot p .i
stated the dombis a study pr posat but want( committee
in any Pmk�e�-> of his tudy session and d to see any plan
she on the committee would he glad
a assist
hearing. .un
if it should m«ttNx „d requested �,.ad to
be .referred to a 'committee that they he notified
r r �ist the Council
m a z.z d as to me
for consideration. meetings
Th -r aey,z w:
as discussed and a motion was made
seconded, that 'the r�por z
:t Gf Che s by Ror.�°s, duly..
lexred to the Committee of the Whole
£o committee be accep
ted and re'-.
further action. ,Fo'1?owir consideratio subsequentd subsequent
?r�othe .va s zn g fur. ther-�discussiorr ar. amendment to the
by Zweng', seconded by Woodward, t
directed '1.1:o coz*_fir n by consultation with Per.'rsul- that the staff e
£i:ia.ncialasvects an bus transportation as � a Transit Lire the
report, .and that after this is done the staff efer the contained
xquestion to the
Committee oz the Whole,.
e
A second amendrnerit to the motion was made by Debs and s
that the Corrzrnittee of the Whole consider in its seconded,
particular sub-coxzimittea report, h discussion not only the
lost by the ort• but other r possibilities as well, was
following -roll call vote;
Ayes: Bishop, Debs, Dias, Marshall, Porter.
Noes: Cresap, Rodgers
Rahrs, Rus, Stephens, Woodward,
AbMtairing; pyx!hc:e•
It was po,nt...d.. out that tr
any or, all aspects of t . tte url has .:� nr•::.r
committee's a;;:men of amending
waS the carried by a ur.:�i,,,r,o, report and the amended motion
is voice vote.
Zone Chan e,
!Ll-iyerst V Wit
Z7 cizra.r
of Palo Alto c e. \c) 21 34 entitled "O diro.rc:c: of r,:c
4r`1� riding Section :3, 02 c Caur.< it of the City
Ordinance, Cs -1 �-��,,,�r� t!-,, Zoning of O•r, dir�;.r-,:r> ?�'.� 1324,
oning o,. Certain the i onrrt.g
of Blocks 39,and �p �..• Property Known as a Porticin
L...vtrsity Park Tract, ract, frv•t, is,2:S to ��
intxcciu p -d for second ''e°�'d'r� and o, R-4 was:.
by Bishop, wrs adopted h g i motion voter by Porter, seconded,
y u .,nir;toc;s voice C nded.
c:e vote.
crest Avenue'
02-dittanc,eoNo. 2135 Alto
Amending' the +O entitled "Ordinance of the C :ty of Palo Al
zt �t'ic al
A e do �,��; t .;s' Zone Map of the City of Palo A''a C-
`' r• .fiCJ 1. C+�
701,. 7U3, 7tJ5 711 and '7�'7 Co, Street,) by G.,a..pir.� thc� Property�rar
i oduced +ox v. a reading 1 to F i e
Por, e sc t d
Y
oxm Building Code) ,,. . al.sfo
car 543, 5 -?5, 5.55 a�rei 5Ga :p'o,: Np a�.<1 524, S2c, 53? 'S3,�
Forest. Avenue fr ,
Zone \C, 3" W3S. introduced CTT1 Fire %O.�r. No. second
Porter., co.n k ; y Bisho+ was .c c rtntior,• made 5 p, as adopted try a t.l inlous von
Ame ndrr e, -t • k;
ice vote.,
to Setback O
Ordinance No. 2136 entitled "Ord5r.,; :i:e of the, r
of Palo Alto Arno d:='fi Ordina.nce No. 1596 Council a� the City
..zYzend:r:� Setbacks c,n',q arastra o � th"c ' `, �::k Ordinance ' by ero R d" wa.S i1:' . Cduccd ffor
reading, . ard:o'r "t':otior .x; ade by Porter, second
a.dop+e.d by _ un t'- r ot.s voce vote. seccr,d..0 l)' fji :hop, was
Unziorm Ptumbia Code Ame;ndsnent
OrdinanceNo. 2137 entitled "Ordinance of the Council of the
City of Palo Alto Amending Item 3.0 of Division 2 (Uniform Plumbing
Code) of Chapter' 34 (Building Regulations) of :,he Palo Alto Municipal
Code by Adding Subsections (e). and (f) to ,Section 1004 (Materials)"
was introduced for, second reading, and on motion made by Porter,
seconded by. Bishop,. was, adopted by a unanimous voice vote.
Ordinaac:e :No. 2,138 entitled "Ordinance of the Council of the
City of Palo Axto Providing for the Submission to the Voters of the
City of Palo Atto at the General Municipal Election of May 14, 1963.
of Certain Referendum Propositions" was on motion made and seconded,
adopted by a unanimous voice vote. ` It was noted that since the ordinance
is forthe purpose of complying with the provisions of the City Chart ;r,
it would be in effect immediately.
(T:he. Council recessed at 9:00 p.m., reconvening at 9:15)
Project No. 63:.2', L'niver5ity A;!enue District
�5� ir-street Parkin
Assistant City Manager Morgan explained a map in the Council
chambers, identifying the lots tentatively included in the proposed off-
street parking district, and presenting preliminary figures on land costs
and improvements, including costs .on groundlevel parking and on a pro-
posed three -level structure. The City Engineer's preliminary estimate; ., .
of the project is $3.000,000, of which $2,155,000 is for land acquisition,
$196, 000_,for cost of surface parking construction, and $649, 000 for cost
of a.multi-story parking garage; that total parking spaces, not including:
the multi''' Ieveistructure, would -be 740 at an approximate ate cost of $3,,180
per space
The questions of public hearings, approximate costs, and possible
ad -valorem tax rates were discussed at length by the Council.
Mr. Roy Maloney, manager of Pacific Telephone Company,spoke
to the Council, stating that a letter of protest on behalf of the telephone
company, particularly in regard to the assessment procedure, had been.
submitted to the City staff. He then read the letter of protest to the Council;
adding that the .teleprxore` cornpa-»s representatives would be happy to world
with whomever. the Coui, cil designated; and participate in discussion of the
proposed assessment procedure and/or alternative procedures.
Mr. Irving Layton,;: 2386 Brarner, also addressed the Council on
,behalf of First C'iurch.,of Christ Scientist. He read a letter from its Board
of Directors(copies had been provided to the Council prior to the meeting)
expressing, among other things, the Church's belief that the Downtown pro-
ject, with its plan for needed additional revenues, would place it in an -
inequitable position in relation to the rest of the downtown district.
Phillip D. Assaf, Esq., of the law firm of. Wilson, f arzfeld, Jones
and Morton, bond counsel for the City, stated that na special consideration
can be given to a churchsimply beca,tree it is a. church; that the benefit to
the land is the basis of any asses s.
Fred Cochran, 557 East. Crescent Drive, Harvey Nixon, 430''
Kipling, and; J.' P. Swartz, 730 Bryant Street, also spoke to the Council
on aspects of the proposed project.
Following a detaileddiscussion and. further explanation, a motion
was made by Rohrs, secondedby Stephens, that the Council adopt aL
resolution directing preparation of an investigation report under Division
4 of the Streets and Highways Code, and after added discussion Resolution
No. 361`$ entitled"'A Resolution Directing Preparation of Investigation
Report Under Division 4 of the Streets and Highways Code University
Avenue -District Off -Street Parking Project No. 63-2, was adopted'by the:
following roll call vote;
Ayes:, Bishop, Cresap, Dias, Porter, Rohrs, Rus,
Stephens, Woodward, Zwencg.
Noes: Byxbee, Debs, Marshall, Rodgers.
Absent: Arnold.
Pro'ect No. 63-3 tJniversi Avenue Beautification
The Assistant City Manager explained the proposedbeautification
of University Avenue as delineated on a map and advised that the City.
Engineer'e preliminary estimate of cost under Plan. A (usingterrazite
walks) was $565, 875, and under Plan B (using colored concrete walks)
was $461,175; that the City'scontribution on either of the plans was
estimated at $57, 200. He requested that the Council rescind Resolution
No. 3614 of Preliminary Determination and of Intention to Acquire and
Construct Improvements and to' Form the University Avenue Maintenance
District, zidoPted or. February 11, 1963, and to follow 'he same procedure
as outlined for Project 63-2 on off-street parking.
The following resotutio> s were thee: introduced:
Resolution No. 3619 entitled "A Resolution Rescinding Resolution
No. 3614, University Avenue; Beautification, Proje(t No. 63-3";
Resolution No. 3620 entitled "A Resolution of Preliminary Deter-
mination and of Intention to Acquire and Construct Improvements and to
Forrn the 'r:;iver.sity Avenue Maintenance District, University Avenue
Beautific:a.'::ior: Project No. 63-3";
Re slol.utio n No. 3621. entitled "A Resolution Directing Preparation
of Investigation Report tinder Division 4 of the Streets and Highways Code,
University. Avenue 'Beaut,ifieatior. Project No. 63-.3";
and on mo•;ion of Porter, se -;corded by Stephens, were carried by the
following 'roll call vote:
• Ayes:
Noes:
' Bishop. Cresap, Dias, Porter, Rohrs, Rus,
,' Stephenns, Woodward, Z.weng.
Byxbee r Debs, Marshall, Rodgers.
-Absent: A.rr_,old...
ro'ec': No. 52-13 Universit Avenue District Of.f-Street Parkin
roLetct 5Te ^ivers:t vHr.ne istrict trees Parxc
The Assistant City Manager explained that by adoption of certain
resolutions in conxection, with these two projects, the projects would be
made co-terminous in boundary with Projects 63-2 and 63-3 previously
acted upon by the Council and would assume the same prorated bonded.
debt. He advised that May: 27, 1963 was the date: set for the public •hearing
on the resolutions to annex territories.
A motion was made by Porter, seconded by Rohrs, and carried
by a majority voice vote, to adopt the following resolutions:
Project No. 52-13
Resolution, Not 362Z entitled "A Resolution or Intention
to Annex Territory to Tlarking District, University Avenue ,
District Off -Street Parking Project No. 52-13".
Resolution No. 3623 entitled "A Resolution Directing
Preparation of Investigation Report Under Division 4 of the Streets
and Highways Code, University Avenue District Off -Street Parking
Project,No 52-13".
Project No. 52 14,
Resolution No. 3624 entitled "A Resolution of Intention
to Annex Territory to Parking District, University Avenue
District Off -Street Parking Project No, 52-14,".
Resolution No. 36.2.5 entitled "A Resolution Directing;
Preparation of Irvestigation, Report Under Division 4 of the
Streets and Highways Code, University Avenue District Off -
Street Parking Project No. 52-14".
project No. '62-3 Sherman Avenue
et al__- exeept Ash Street
Resolution No.. 3626 entitled "A Resolution Culling for Bids
on Sale of Improvement Bonds, Sherman Avenue, et al, Project No-
62-3 (Except Ash Street) was introduced and on .;notion by Rodgers,
seconded by Bishop, was 'adopted by a unanimous vote.
The City Attorney reported that on March 20, 1963 the City
Clerk received notice of an- original application for a retail on -sale,'
beer license by Dorothy C. Styne for the 49'er Club at 2095 Bayshore
Boulevard. He advised that he had requested the Police Department; to
investigd' e the premises and the applicant, and that the Police Chief
reported it was his opi.nion the method of operation of the premises.: is -
not only a current police problem but would be aggravated by the issuance
of a beer license; also he recommended that the City Council protest' the
issuance' of a lecense on the ground that such issuance would be contrary
to the :public welfare and morals.
The City Attorney stated he concurred in the Police Chief's
recommendation and requested that he be d.,r1;teted to file a protest
against the issuance. of the license.
•
On`motion'made, seconded and unanimously carried, the City
Attorney ;wasdirected, to file; with the Alcoholic Beverage Control Board,
a`protest against the issuance of, an on -sale beer license for these
premises.
Petition for E*elusiori ofd Territory
�y The City Manager. advised that a report nad been received
from. the Santa Clara County Boundary Commission, in the natter u:,,
proposed exelusion'.of territory from the City of pro:7c^rty deser be.d
as "Arastradero.Trtills Unit No. -1", stating, that the boundaries o7 the
property are definite,:and cortain, conform to line~ of assessment and
ow•n•iershili,;:anddo riot create islands or corridors of unincorporated
territor.y
the rext'ac:,tion in. r �eg a=. d to the proposal would be
die stated ;that 1 �.c4
for the Council to adopt a .resolution giving notice of the time and p`
for hearirg`utiy protests on the exclusiori,
Resotatiof 14o. 3627 entitled "Resolution of the Council of the
City of G:cvirg"Notice of the Time and Race for Heat i Q£ ,Palo
Y
Protests to the, Proposed Exclusion c?w•ati Territory
and on rnatzori;
Alto (Arastradero Hulls Unit NO, )''
made and seconded was unanimously adopted,
It was - noted that the hearing of protests was set, for 7:30 p,
on April Z3., 1963 in the Council Chambers,
Adr o irnedMeeting
It was moved, seconded and unanimously carried to adjourn,
the meeting; at this time (10:45 p.m,) to Monday, April 35, 1963 at
7:30 p.m., at which time the remainder of the items on the agenda
will be considered.