HomeMy WebLinkAbout01091961•
City Hall, Palo Alto, California
January 9, 1961
e
N
0
,w,
C
4
0
The Louie:il of the City of Palo Alto met in regular
session on this date at 7:30 p.m., with Mayor Ball presiding.
Roll call as foll`8ws:
Present: Ball, Bishop, Byxbee, Davis, Evans, Giffin, Hai
Marshall, Mitchell, Porter, Rodgers, Stephens,
Wocidward.
Absent: Navis, Zweng.
w.
•
•
r
The minutes of the meeting of December 12, 1960,.were
approved as distributed. •
• Pro'ect 59.10, Foothills tnnexation No. 2 Sanitary Sewers
Resolution No. 3328, determining unpaid assebernents
and providing for the issuance of bonds in the amount of $92, 386.76,
• was introduced, ; and on motion of Bihop and Mitchell, was adopted
• by unanimous voice vote.
A report was made by the City Manager on the bids
received at 3:30 p.m; on this date for the sale of the bonds, as
follows: 0
Average
Bidder .i Interest Rate
•
• Boettcher and Company 0
Lawson, Levy, Williams & Stern
• J. B. Hanauer & Co.
• Euphrat Securities Company
• Stone & Youngberg
First California Company
•
• •
•
0
•
3.8874%
3.9951%
4.0455%x,
4. 1057%
4. 1976%
4.3655%
It was recommended that the low bid of 3.8874% of
Boettcher and Company be accepted.
•
Resolution:No. 3329, awarding sale of the bonds to
Boettcher 24,nd Company was introduced, and on motion of Bishop and
Mitchell, was adopted by unanimous voice vote.
Pro'ect 59-11, Embarcadero Road East of Ba shore
•
•
Resolution No. 3330, determining unpaid assessments
and providing for issuance of bonds in the amount of $.99,923.85,
was introduced, and on motion,of Bishop and Mitchell, was adopted
by unanimous voice vote •
a • •
A report was made by the City Manager on the bids
received at 3:30 p.m. on this date for the sale of the bonds, as
follows:
M: •
*
*
Z.
•
•
•
•
LL
•
M
r
•
• Bidder
• Boettcher and Company •
J. B. }.a•caa'er & Co.
Euplz _ .d ie s Company
• • Stone 6, '' ounglierg::_ •
Fir at California Company
• . It waserecon$nended that the low bid of 3.88044% from
•
.Boettcher and Company be accepted.
Average
:Interest Rate
•
3. 88044%
4. 0431%
4.1962%
4. 1976%
4. 3695%
9
n
9
°
Resolution No. 3331, awarding the sale of these bonds
to Boettcher and Company, was introduced and on motion of Bishop
and Mitchell, was adopted by unanimous voice vote.
Project 59-3, Birch Street
® 9
The hearing on Resolution No. 3292 of Preliminary
Determination and of Intention to make Changes and Modifications,
for substitution of certain properties in the proceedings, had been,
continued from December 12, 1960 to this date.
Upon recommendation of the staff, this matter was again
continued to the next meeting on January 23, 1961; at 7:30 p.;n.
Annexations to Other Cities
Notices were received of the following proposed annexa-
tions:. "El Monte No. 5" to the City of Los Altos, "San Antonio
Hills No. 2" to the Town of Los Altos Hills, and "Eldora No. 2"
to the City of Mountain View. It was moved, seconded and carried
that these notices be placed on file.
• • 9
Cancellation of Taxes .
9
A reeluest was received from the Santa Clara County Flood
Contr• ol and Water Conservation District for the cancellation of taxes
on portion of Lot 12, Block 1, Tract 234, Crescent Park No. 4.
containing 0.035'acres, on San Francisquito Creek. acquired from
Lawrence J. Ragno for flood control purposes. . •
•
On motion of Bishop, duly seconded, the taxes on said
property were cancelled.
Reportt on Metropolitan Area Problems
w�wn�s�.�.�� irn�r�r�o� rww.•ww...
It was reported, for the information of the Council, that
a copy.of the report of the Governor's Commission on Metropolitan
Area Problems has been received. The City Manager advised that
the report would be filed in the City Clerk's office and available to
council ,members if they care to review it. .
•
(Councilman Zweng came at this time, and was present
for the rest of the meting.
Abandonment of Easement Philco)
,ea letter was received from Ffi.ilco Corporation requesting
abandOnment of a certain 10 -toot easement along Fabian Way,
dedicated to the City on December 27, 1957. The City Manager
advised that this easement is no longer required.
0 ®
•
-
. .
•
m
3
Resolution No. 3331, declaring intention of the Council
to abandon this easement, and setting Feruary 13, 1961. at 7:30 p.m.
as time of hearing on the.proposed abandonment, was introduced
and on, motion of Woodward and Marshall, was adopted by unanimous
voice vote.
(Councilman Navis came at this time and was present
for the rest of the meeting.)
Matadero Mos uito Abatement District
A report was submitted by the City Manager concerning
the status of the Matadero Mosquito Abatement District. He advised
that Los Altos and Loa Altos Hills have notified the State Director
of Public Health that, they intend to withdraw from the District and
avail themselves of the services provided by the SantaClara County
Health Department, and that a hearing will be held in Los Altos =,in
tht near future by the State Department of Public Health on the
proposed withdrawal of these cities. The City Manager also
reported that the City of Mountain View has indicated its intention.
to withdraw fro n the District also; that Lot Altos and Los Altos
• • Hills and other portions of the District which were unincorporatekl
.at the time the District waa formed may withdraw by holding a
public,hearing and adopting appropriate resolutions, but that
Mountain View and Palo Alto would have to hold an election on the
matter. The City;; Manager advised that it is important that
Palo Alto°consider\'carefully the action of neighboring cities, and: -
if there is goingsto be an election it would be advisable for tho
whole district to be \involved in such election. Without a formal
motion, council mervbers indicated in their discussion that they
felt Palo Alto should ';participate in an election on dissolution of the
district.
11
The pity Manager referred to the vacancy on the Board
of Trustees of the Matadero Mosquito Abatement District because of
the resignation of 3. B. \'Wells .as the representative of Palo Alto.
• • He stated that, he felt it was not advisable to ask a citizen to serve
on the Board during the interim period , and that he would be willing
°as a member of the City staff, to serve.
® It was moved, seconded and carried that City Manager
Keithley be appointed to serve as a member of the Board, represent-
ing Palo Alto, roe the interim period pending action on dissolution
of the District. •
Parking on Fabian Way
Resolution No. 3333 of the City of Palo Alto amending
Resolution No.. 2971, to prohibitr,parking on Fabian Way for 300 feet
northerly of East Charleston Road at certain hours, was introduced
and on motion of Zweng, duly seconded, waa adopted by unanimous
•
voice vote.
•
Ordinance on Speed Limits
A proposed ordinance of the City of Palo Alto amending
Division XV of Codified Ordinan'-e No. 5 tog ovide for special speed
zones increasing and decreasing State speed limits, and changing
certain prima facie speed limits on West Meadow Drive and
Embarcadero Road, was introduced and accepted for first reading.
•
U
e
O
Training of Law Enforcement Officers
The, :City Manager presented a proposed ordinance accept-
ing the requirements of Section 13522 of the Penal Code relating to
training of law enforcement officers, stating that it is in order to,
adopt this ordinance in order to qualify to receive financial aid from
the State in connection with the training program of police officers.
It was moved, seconded and carried that this ordinance be accepted
for first mauling,
Transfer in Parking Meter Fund
The City Manager recommended a transfer of $7,000.00
be made from the Parking Meter Fund to Account 906-F for the
purchase of parking via:eters. A motion was made by Bishop, seconded
by Mitchell, that the transfer of funds be authorized as recommended.
Councilman Stephens questioned the advisability of making
a purchase of meters :in this amount without a study of the parking
meter program. The City Manager advised that this is a ratintenancc
program which has been deferred for some time, and that it is the
intention to replace manually operated meters, as needed, with
automatic meters.
:After discussion, the motion to authorize this transfer of
funds was carried.
H�2eital Center Ojerations
A report was received from Committee No. 4 recommend-
ing that the beginning of annual fixed charges during the first year of,
operation of the Palo Alto -Stanford Hospital Center be deferred to
the current fiscal year, repayment to be made as soon as deemed feasxorle
by the Hospital Board. On motion of Haight and Zweng, this
recommendation was adopted.
Committee No. 4 recommended the acceptance of the
statement on allocation of income and expense between owners of the
Palo Alto -Stanford Hospital Center for the fiscal year 1959-60, as
submitted by the Board of Directors in their letter of Januaky 3, 1961.
It was moved by Haight, seconded and carried that the recommendation
be adopted.
A report was also received from. Committee No. 4
recommending that no action be taken at this time on the suggested
withdrawal of request that the Hospital Board consider opening its
meetings teethe public and press, pending action on the Board's
consideration of the previous request. On motion of Haight and
Zweng, this recommendation was adopted.
Use Permit Denied (Sanchez)
A report was received from the Planning Commission
unanimously recommending the decision of the Zoning Administrator
be upheld for the denial of a use permit to Anthony Sarthez, Jr.,
forthe construction of twenty apartment units on the property at
2087 East Bayshore Boulevard, in Zone District C -3:S. It was
moved by Navis, seconded and carried that the recommendation of
the Planning Commission be accepted and the use permit be denied,
t Division (742 Melville Avenue
A report was received from the Planning Commission
unanimously recor,mending denial of the lot division application of
Jule Holley for. the -property of Joseph E. Williams at 742 Melville
Avenue, being Lot 14 and portion of Lot 15, Block 2, I;,1ba Park.
On motion of, Bidaop and Navis, the recommendation was accepted
and the application denied.
Lot Division (935 Ormon Avenue)
A report was submitted by the Planning Commission
' unanimously recommending approval of the lot dvision application
of Don Scheidfor the property of Marie Mendes and Emma. Topits at
935 Oregon Avenue, 'being portion of Lot 22, Block 3, Seale Sub-
• division No. 5, subject to payment or segregation of Assessment
No. 539, Bond S.eries °'CCC", and to furnishing evidence of payment
of all payable city and county taxes It was moved by Porter,
seconded and carried that this lot division be approved in accordance.'
with the recommendation, of the Planning Commission.
Change of District and P -C Development Schedule
720 We chRoad
A report' was received', from the Planning Commission
unanimously recommending approval of the application and plans of
Stanford University for;: a change of district from R-4 to P -C for the
property at 720 Welch Road, subject to:
a) Development Schedule: Constructilan to commence
within 90 days of effective date of ordinance, with
completion within ten months thereafter.
b) Permitted Usee:
1) Bark, savings and loan, :.nci other financial or
business services such as. security brokers and
,dealers, insurance agents, realtors, title
companies, accounting, bookkeeping, administra-.
,. tion travel service.
2) Processional offices.
3) Catering shop, cafe, restaurant, delicatessen,
bakery, and specialized food store.
4) Specialty shops such as art display, art shop,
crafts; gift shop, china, specialties, antiques,
imports; interior decorating ahop, sewing, yardage,
draperies; hcbby or toy shop; florist; bookstore;
jewelry shop; furniture and rugs; barber shop and/or
beauty parlor; apparel shop, tailor, fur shop,
dressmaking or millinery shop; cameras and photo-
graphic supplies; and other specialty type uses
not iiicompatible with foregoing.
c) Structures: Rehabilitation of and addition to existing
building, with maximum gross floor area not to exceed-
36,000 Sq. ft. (25, 500 sq. ft. on first floor and
10,500 sq. ft. in loft.)
O
d) Site:.Landscaping, access and driveways in accordance
with plan.
e) Off -.Street Parking Spaces: A minimum of 243.
ro
f) Signs: Neon and flashing signs specifically excluded.
Size and all other aspects to be in accordance
with the Sign Ordinance and subject to approval
by the Zoning Administrator.
The plans for this P -C development were reviewed by the
Planning Officer.
A proposed Ordinance amending the Zone Map to, provide
for change of district of the property at 720 Welch Road from R-4 to
P -C and to approve the ,Development Schedule.and..Plan.'inl ord-
ance with\\the recommendation submitted, was introduced and on
motions of Porter, duly iseconded, was accepted for first reading.
Amendment to Setback Ordinance (California Avenue)
A'; report was received from the Planning Commission
unanimously \recommending amendment of Ordinance No. 1896, \the
Setback Ordina.nce, to remove the setback fora portion of California
• Avenue. The Commission advised that, upon the adoption of this
ordinance, the:,16-foot setback required by the Zoning Ordinance 'for
the street side\;of a corner lot will prevail for the property of Powell
C. and Constance S. Carrel on the northerly finer of California
Avenue and Alma Street, and all other setbacks on California. Avenue
will be similar ly, governed by the Zbning Ordinance.
A proposed ordinance of the City of Palo Alto amending
Ordinance No. 189;6 establishing Setback Lines, to eliminate the
setback for California Avenue along both sides from Alma Street to
Middlefield Road, *as introddced,, and on motion of Porter, duly
seconded, was accepted for first reading.
•
Tenta.ive Map (Park Ro al Associates
s
A report wits received from the Plamdng Commissio•
n
recommending, by a vote of 4 to 2, approval of the tentative sub-
division map as presented by Park Royal Associates for Tract 407,
Amarillo Village, subject to:
•
• a) Council action revoking the Amarillo Village Map.
•
b) Abandonment;\\by means of quitclaim, deed of portions of
the easements shown in red on the map of Amarillo
Village, leaving only those easements shown on the face
of the new map; and those marked in red on the new map.
a
c) Designating driveway easements as "not a public street"
in accordance with Section IY, Paragraph (i) of the Sub-
division Ordinance. •
d) Combining Lots land 8 in a manner which will provide
access to the street.
e ,
It was ,pioved, seconded and carried that this tentative
map be approved in accordance with the recommendations of the
Planning Commission.
New Street Name (Porter Drive)
•
e
A'report was submitted by the Planning Commission
recommending that the` new street connecting Page Mill Road and
4
•0
0
Hillview Avenue, in the Stanford Industrial Park be named either
"Ryari Drive", "Packard Drive" or "Lyman Drive". The planning
Officer advised that the Public Works Department has objected to
the name of "Ryan" because it is similar in sound to an existing'street.
The City Manager called attention to the original request
of Stanford University that the street be named'Iianover West".
A suggestion was made by Councilman Marshall that this
new street be called "Porter Drive", and it was moved, seconded
and carried that a proposed ordinance designating the street as "Porter
Drive" be accepted for first reading.
• Councilman Porter later remarked that he felt the Council
had taken hasty action; that the wishes of the property owner (Stanford)
should bd considered, and he moved that the matter be referred to
committee. There was no second to the motion.
-Amendment toZonins Ordinance (Section 5.031
Ordinance No. 1989 of the City of Palo Alto amending
Section 5.03 of Ordinance No. 1324, the Zoning Ordinance, by adding
Subsection (1) to said section, Ws given second reading, and on motion
duly seconded,, was adopted by unanimous voice vote.
Amendment to Zonin Ordinance Section 2 IA. 17
•
Ordinance No. 1990 of the City of Palo Alto amending
Section .a1A.. 37 of Ordinance No. 1324, the Zoning Ordinance, was
given second reading, and on motion of Byxbee, duly seconded, was
adopted by unanimous voice vote.
•
Amendment to Building Code (Section 1506, •Fences)
The City Manager presented a proposed ordinance amend-
ing the Building Code (Ordinance No. 1675) by the addition of Sub-
section 7 to" Section. 1506', to permit fences along certain rear property.
lines, which, abut public streets.
The City Manager called attention to the development of
the Fairmeadbw Tract in 1950-51 with a 6 -foot fence around the
periphery of the tract, and reported that the developer of the Walnut
Garden Tract, which will have four lots w=,th rear yards abutting Alma
Street, wishes to construct a similar six-a.00t fefice along the rear
property line in the;, same manner as was yreviously permitted on
the adjoining Fairmeadow Tract. The Council was informed that the
Building Inspector :feels there should be a revision of the ordinance
to permit the construction of such a fence to clarify this particular
situation,
• It was moved by Zweng, seconded and carried that the
proposed ordinance be accepted for first reading.
▪ Petition of Initiative - Case of Debt; et al v. Porter
et al - Perem for Writ of MaricTate - A at
A report was received from the City Attorney regarding
▪ the case of Debs, et al. v. Porter, et al. No. P 1920, advising that
Judge Foley has ,ordered a peremptory writ of mandate issue in
this Superior Court case, commanding the Council to call a special
.
0
•
.
•
•
•
0
` to Committee No. 3 but there was no second to the motion.
election for the purpose of passing upon a certain initiative ordinance
establishing a procedure for adopting a master plan and preventing
the zoning of certain lands for industrial purposes pending the
adoption of such a plan. The City Attorney stated that his opinion
of the initiative petition has not changed since October 6, 1960 when:.
he advised the Council that the proposed ordinance was invalid
in that it was in conflict with the City's Charter and for other
reasons. He, therefore, recommended that he be authorized to
appeal Judge Foley's decision to the District Court of Appeals and
to the Supreme Court, i;f necessary.
It was moved by Mitchell and seconded that the City
Attorney's report be accepted and that he be authorized to appeal
the decision.
A letter was received from Paul N. McCloskey, Jr.,
attorney for the petitioners, in which he forwarded a copy of the
proposed initiativeordinance with the statement that the
petitioners hoped the Council would avoid further litigation or a
special election by enacting the ordinance. Mr. McCloskey also
asked in his letter that the petitioners be granted an opportunity to
be heard on the matter at this meeting.
Mr. McCloskey addressed the Council, reviewing the'
provisions of the proposed intiative ordinance and calling attention
to the action of the Council in delaying development of the Baylands
pending revision of the General Plan. He urged the Council to
study the proposed ordinance and refer the matter to committee
before taking action. indicating in his remarks that council members
had not had an opportunity to review the ordinance. The City.
Attorney informed the Council that he himself had sent copies of the
ordinance to council members :.n October, 1960, and they had had
plenty of time to review the ordinance.
Councilman. Zweng noted that there are two parts to the
petition, one relating to the matter of procedure and the other to the
matter of principle. He advised that in his opinion the Council
would not be wise to give up its zoning powers, but thought that
the parts of the •proposed ordinance relating to procedure (Paragraphs
(a), (b) and (c) of the proposed amendment to Section 251.3 of the
Administrative Code$ might wellbe referred to committee; that
the Council should appeal the decision of the Superior Court but at
the same time, it could have these portions of the proposed ordinance
considered by Committee No. 3.
Councilman Rodgers suggested that ano▪ ther alternative
to resolve the matter would be for the petitioners to withdraw the
proposed initiative ordinance.
A notion was made by Evans that the matter be referred
The previous motion to authorize the City Attorney to
appeal the decision to the District Court of Appeals and to the Supreme
Court,if necessary, was then carried by voice vote.
It was moved by Zweng, seconded and carried that
Paragraphs (a-), (b) and (c) of Section 251.3 of the proposed initiative
ordinance be referred to Committee No. 3 for consic'_zration.
.
.
.
s
0
0
0
0
0
0
Beer License Applications
A report was received from the City Attorney regarding
the application of Alfred ,L. Martin. The Pizza Parlor, 4335 El
Camino Real, for an On Sale Beer and Wine License, advising that
he finds no legal ground.: on which to base *a formal protest by the
City, and unless instructed otherwise by the Council he would enter
no protest to the .application. It was moved, seconded and carried
that the City Attorney's report be accepted and that no protest be
filed.
The City Attorney also submitted a report regarding the
application for an On Sale Beer License by the owners of Outside at
the Inside, 642 High Street, and recommending after investigation
of the matter and specking by the Police Department, that no protest
be filed .against `the application. It was moved, seconded and carried
that the City Attorney's report be accepted and that no protest be made.
Transfer of Hospital Funds
A request was received from the Controlle- for approval
of a transfer of $53,411.73 from the Hospital Improvement Fund to
the Hospital Bonds of 1955 Interest and Redemption Fund to meetthe
balance of interest payrnents for the remainder of 1960-61. It was
moved, seconded and carried that this transfer of funds be authorised.
. n
ie
Monthly Reports
, The monthly report of the Controller for November, 1960,
and the fiscal year to date, was.received and filed. "
The monthly report of the Planning Officer on action taken
in December on lot division applicatjgns, and the monthly report of
the Zoning Administrator on action taken in December on variances
and use permits, were received and filed.
Resolution Commending Jude Bowen
The City Manager reported to the Council that he has
learned that the Sertoma Club of Los Altos is having a testimonial
dinner on Janua.y 18, 1961, honoring Judge Alfred W. Bowen, :.
Judge of the Palo Alto -Mountain View Municipal Court.
•
• It was moved, seconded and carried that ar• esolutioan
commending Judge Bowen for his services be drafted.
There being no further business to come before the
Council, the rftieeting was declared adjourned at 8:40 m.
•
APPROVE
ATTEST:
City Clerk
Mayor
M
9
0
00
m
0
M
O 0
0
0
e
0
0
•
0
0
0
0
0
0
0
c
0