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HomeMy WebLinkAbout021319610 4 1• • 0 City Hall, Palo Alto, California February 13, 1961 The Council of the City of Palo Alto met in regular session on this date at 7:30 p.rn. with Mayor Ball presiding. Roll call as follows: Present: Ball, Bishop, Byxbee, Davis, Evans, Giffin, Haight,. Mar. shall, Mitchell, Navis, Porter, Rodgers, Stephens, - Woodwaxrd, Zweng. Absent: None. The minutes of the meeting of January 23, 1961, were approved as distributed. Foothills Annexation No. 4 The hearing on the proposed annexation' of uninhabited o territory designated as "Foothills Annnexation No. 4" had been continued to this date. The City Attorney reported - that a letter has been received from John P. Marlais, attorney for the owners of the property proposed to be annexed, requesting that the hearing be continued to March 13, 1961. The City Attorney advised that he has entered into a stipulation with the 'City Attorney of Los Altos dissolving the temporary restraining order and taking the matter off calendar until a decision is rendered by the District Court of Appeals in the case involving the same property which has been set for hearing for March 2, 1961. He 6.1536 recommended that the hearing on the proposed annexation be continued to March 13, 1961, or to April 10, 1,261, which might be a more appropriate time as there might be a decision from the Court by that date. It was moved by Porter, seconded and carried that the hearing on the proposed annexation of "Foothills Annexation No. 4" be continued to April 10, 1961• at 7:30 p.m. Project 61-1,'El Carninc heal This was the time for a hearing on Resolution. No. 3327 of Preliminary Determination and of Intention for acquisitio.n.s and improvements of El Camino Real. The Mayor read ar, opening statement advising that the purpose of the hearing is twofold: a) to determine whether the public convenience and necessity in general require the proposed widening and improvement project; and b) to hear any and all protests or endorsements of the project from the property owners directly concerned, and from the protests or endorsements and from the testimony of the City Administrative Staff to determine whether the properties within the assessment; district will be benefitted by the proposed acquisitions and improve- . ments and whether the assessments have been spread in accordance with such benefits. The City Engineer explained the project for the improve- ment of El Camino Real from University Avenue to Matadero Creek, and read into the record a formal statement concerning the project. • The City Manager advised that representatives of the City have been woxking with State officials on this project for the past two years; that the project will cost in the neighborhood of $2,000,000 of.which the State expects to pay nearly $1,500,000; that Stanford,University will contribute approximately $344, 000, the City's particileation will amount to around $85,000, and there will be an assessment district formed of private properties to asisi:st in the financing for a total amount of $84,000., The assess- ments against property owners in the district will be for improved street lighting, curbs, gutters and sidewalks. The City Manager reported that only one written protest has been received, from Join E. Muller, owner of the property at 1921 El Camino Real, who requested that more left turns be provided and that a left turn be installed at Leland Avenue.. Mr. Muller sent a.copy of a letter he had written to the State Division of Highways concerning his request. The City Manager advised that -the City has no authority in the design of the street; that it is a state highway and the State determines the location of left turns and storage lanes. The hearing was declared open. Mr. J. P. Swartz, 2805 El Camino Real,' asked for information regarding the lighting and its cost, and his questions were answered by the City Manager and City Engineer. It was brought out that the total cost of the improved lighting is approximately $75,000. There beii* no one else who wished to be heard on the matter, the public hearing was declared closed. Resolution No. 3341, overruling protests on Resolution No. 3327 of Preliminary Determination and of Intention, was introduced, and on motion of Navis, duly seconded, was adopted by unanimous voice vote. Resolution No. 3342, ordering reduction of assessments, was introduced and on motion of Navis, duly seconded, was adopted by unanimous voice vote, Resolution No. 3343, determining convenience and necessity, adopting Engineer's Report, confirming assessment, and ordering work and acquisitions, was introduced, and on motion of Navis, duly seconded, was adopted by unanimous voice vote. Resolution No. 3344 designating Collection Officer was introduced, and on motion of Navis, duly seconded, was adopted by unanimous voice vote. Project 59-1, Sanitary Trunk Sewers and Water Supply ,—firS stem, Foothills Annexation 1-A This was the time for hearing on Resolution No. 3340 of Preliminary Determination and of Intention to make Changes and Modifications in Project 59-1. The City Manager explained that the ,,modificatigia. provides for the inclusion in the assessment district of • land owned by Stanford University annexed to the City, known as Stanford Annexation No...9. The City Engineer read his report of February 13, 1961 and entered this statement into the record. • • • • e • The hearing was declared open. There being no one present who wished to speak :on the matter, the hearing was closed. No written protests or communications were received. „Resolution No. 3345, determining convenience and necessity and ordering changes and modifications, was introduced,_ and on motion of Rodgers, duly seconded, was adopted by unanimous � N voice vote. Abandonment of Easement Philco This was the time set for hearing on the proposed abandon- ment of a 10 -foot easement along Fabian Way. An affidavit of posting by the Engineering Department and an affidavit of publication of notice of the hearing are on file in the office of the City Clerk. The City Engineer reported that there is no longer any need of retaining this easement. The hearing was declared open. There being no one present who wished: to speak on the matter, the hearing was closed. Resolution'No. 3346 ordering the abandonment of this easement was introduced, and on motion of Porter, duly seconded, was adopted by unanimous voice vote. It was moved by Woodward, seconded and carried that the Mayor be authorized to execute a quitclaim deed to the owner of the underlying fee. Cancellation of Taxes A request was received from the State Division of Highways for ;lie cancellation of taxes on a portion of Lots 23, 24, 25 and 26, B104 .50, College Terrace, property of the Stanford Sport Shop, acqui� . d by the State for highway purposes. It was moved by Mitchell, seconded and carried by unanimous voice vote that the taxes on said property be cancelled. Coca& -Cities Highway Bonds A letter was received from the Board of Supervisors of Santa Clara County requesting the City Council to endorse the County - Cities Highway Bonds for the expressways program, and -urge the citizens; to vote in favor of the measure at the election to be held on March 28, 1961. It wads moved by Porter, seconded and carried that the Council endorse, the $70,000,000 bond issue for the expresswa,-s program and urge a favorable vote by the citizens of Palo Alto. The importance of this project was noted by the Mayor and Councilman Porter. Additional Revenue for Road Purposes Proposal to Increase In -lieu" ax A request was received from the Santa Clara County Trafficways Committee that the Council take affirmative action accepting. the Report of the Sub -committee of the County Trafficways Committee on Additional Revenue for Road Purposes, which 23 24 recommends support of a'proposal to increase tine motor vehicle "in -lieu" tax, -such increar,e to be used solely for, road purposes. 0 0 0 !" It was moved by Woodward, seconded and carried that the Council approve the report of the Sub -Committee of the County Tra£ficways Committee, and that State Senator Jack Thompson and Assemblymen Bruce Allen and Clark Bradley be notified of this endorsement of the proposal. Refun olicyo HM sip 1 Bills A letter was received from Fred W. Kruse, Jr., 3230 Ross Road, regarding the refund policy on hospital bills. On motion of Mitchell and Bishop, this was referred to Committee No. 4. Project 59-3, Birch Street A report was made by the City Manager on the bids received on February 10, 1961 for the demolition of structures on a portion of Lot 8, Block 3, Hawxhurst Subdivision, known as 296 Sheridan Avenue, with the recommendation that award of contract be made to the low bidder, Ba'hr & Ledoyen, in the amount of $450.00. - It was rnovetby Mitchell, seconded and carried that this bid be accepted as recommended and that the Mayor be authorized to execute the contract in behalf of the City. Traffic Control, High and Homer Resolution No. 3347, making the intersection of Homer Avenue and High Street a two-way stop intersection, stopping south- bound traffic on High for Horner, was introduced. It was noted that both of these streets are one-way streets. It was rnoved by Bishop, seconded and carried by unanimous voice vote that the resolution be adopted. Matadero Mosquito Abatement District The City Manager reported that the Board of Trustees of the Matadero Mosquito Abatement District has decided, in view of the withdrawal of Los Altos and Los Altos Hills from the District, to hold an election on the dissolution of the District. Councilman Bishop asked for assurance that the County is in a position to de the work•which th.e District has been doing for Palo Alto in regard.. to, abatement of mosouitocs. The City Manager advised that the -County Health Department has testified that they will provide sei-vice'"ecual to that pro; ided to date by the District. In this connection' the City Manager called attention to the fact that there will oe four elections in this area within a period of two months, - the Expressways Bond Issue, the School Election, the municipal election .in Palo Alto, and the election for dissolution of the Matadero Mosquito -Abatement District.. He advised that an attempt had been made to combine some of these elections but it was not possible to work out a combination, and the mater is beyond our conirol. 1 4 w .1. ,•(',j : d w m • • • O • Airport Study The City Manager advised that the Chairman of Committee No. Z had asked him to repeat a short report which he made to the committee: regarding the airport. He reported that he had met with :staff members of both Santa Clara County and San Mateo Cou`;ty several times to discuss the airport which is located in San Mateo County and is at present leased by the City to San Mateo County which subleases it to a private operator; that the two Counties have decided to enter :into, a joint project and have retained a consultant to -make a study ofthe"'airport and submit appropriate recommendations • to the two boards of, supervisors; that a copy of their report will be sent to the City of Palo Alto when it is completed. • . • -Ut'lity Connection Charles for Foothills Area �� ws��A��m rr�.arri.rnr. A. report was received from the City Manager with recommended water and sewer service connection charges for the foothills area. Copies -.had previously been sent to council. members for their review-. - On motion of Navis and Stephens, schedule W-5 FA for water service connection charges and Schedule 5-5 FA for IRewer service connection charges were adopted as recommended. Transfer of Furi.ds f FireHydrants). A recommendation was made by the City Manager for a transfer of $6,700.00 from the Unappropriated Balance of the Water Fund to Account 2348 for the installation of fire hyArants adjacent to San Antonio Road prior to -the improvement of this street. It was moved by Byxbee, seconded and carried by unanimous voice vote h that this transfer of funds be authorized. Audit of Accounts 4 The City Manager Suggested the Council consider acceptance of the audit report of Lybrs,nd, Ross Bros. & Montgomery (formerly Skinner & Hammond) for the fiscal year ending June 30, 1960, rather than delay action by waiting for a report from committee. On motion of Navis, duly seconded, the audit report was accepted. (Copies of the report had previously been sent to council members . ) Water Plan The City Manager announced the receipt of copies of the Unified County Water Plan, a report to the Board of Supervisors of the Santa Clara County Flood Control and Water Conservation District prepared by the Special Water Committee of the Board of Supervisors appointed March 28, 1960. Copies of this report have been, sent to council members. The City Manager advised that the Water Division of the City of Palo Alto. is considering the report, and when further information is available, an appropriate report will be made to the Council V • .. MI Sites for Public Buildings and Facilities The Assistant City'Manager made an oral report on the requirements for public buildings and facilities. He advised that the staff has been con'ide^-^ng siti s for a new public safety building, fire station, corninun'.cations facilities, a future corporation yard and an athletic renter He also mentioned the need for additional office space for the City Hall. He reporte,?, that consideration is being given to an exchange. of the properties currently leased by the City from Stanford University along El Camino Real where the present athletic field, corporation yard etc. are located, for two sites in the Stanford Industrial Park. The proposed sites were shown on a map submitted; one site of 20 acres at the southwesterly city limits line between Page Mill Road and California Avenue was proposed for a public safety building, communications center., fire station and corporation yard; the other site of 21 acres on Junipero Serra Boulevard would be for the location of a new athletic center. The Assistant City Manager stated that the purpose of this review was to advise the Council of he study and negotiations for this exchange of properties, which if approved would result in - the release'of the property on El Camino Real to the University, and to ask for authorization to proceed with the investigation. The Council was informed that if the exchange is acceptable to both the Council and the University Board of Trustees, appropriate agreements would be entered into, and the City would be in a position,. to proceed with a stage construction program for the buildings and facilities required. It was pointed out that the primary access to -the. 20 -acre site proposed for a„municipal service center would be from Page Mill Road. It was moved by Byxbee, seconded by Porter, and carried that the staff be authorized to continue with its study and negotiations with Stanford University for the exchange of properties as outlined, and report to Committee No. 1. Zone Change Application (Whelan) A report was received from Committee No. 1 recommend- ingapproval of the application of Joseph M. Whelan for change of district from R -1B-10 to R-3 for the property at 724 Arastradero Road, being portion of Lots 1, 7 and 8, L'Hermitte Subdivision, located across from Alta Mesa Cemetery. A motion was mace- by Woodward, seconded by Mitchell, that the application for this zone change be approved. The Mayor gave interested persons an opportunity to speak uriefly.on the subject. Mr. Dick Mowday,'. 682 Arastradero Road, read a prepared statement, copies of.‘Aich he submitted to council members, with a\sketch of the property i-i question and the surrounding area, objecting to the proposed zone change and asking that the request for apartment zoning be denied. Mr. Mowday stated that he was joined in this protest by other property owners and residents of the area.. Mr. Frank- Crist, attorney for Mr. Whe?an, the applicant„ addressed the Council -in support of the application, referring :o a brochure prepared by the applicant on the matter, and pointing out that there are no residences adjacent to the property in question but that it is surrounded by properties of the cemetery, schools and Catholic Church. Mr. Crist also advised that the 80 -foot right of way • • P of the San Francisco Water Department which runs through the property would be developed as a landscaped recreational area. Tie urged the Council to approve the zone change. Mr: Walter Stromquist, Vice Chairman of the Planning Commission, advised that the Commission had recommended that the application be denied because they considered it to be a spot zoning situation and because of the traffic problem. The. Planning Officer stated that basically the property in question is a difficult piece of ;..roperty to develop; that it is a triangular parcel and is not ideal for single family residences. After discussion the motion to approve the recommendation of Committee No. 1 for the rezoning of this property as reque sted was carried by voice vote. It was moved by Woodward, seconded and carried that a proposed ordinance amending the Zone Map to change the zoning of the property at 724 Arastradero Road from R -1:B-10 to R-3 be accepted for first reading. Park Pro osal Bayshore-Amarillo Area a.one an a ication - Ba snore Ana:sement ompany, rom - to am_ A report -was received from Committee No. 2 advising that it has considered the recommendation of the Planning Commission that at such time as the matter of park facilities is studied in connec- tion with; revision of the General Plan, specific attention be given to the proposal presented by residents of the Bayshore-Amarillo area for a neighborhood park adjacent to the Drive-in Theatre on Amarillo Avenue, and: also the recommendation of the Planning Commission that the application of the Bayshore'Amusement Company for change of district from R-1 to. P -C (apartments) for the same property be put over fofinclusion in the study of the General. Plan, and that the matter be tied inwith the study of the park proposal. Councilman Zweng, Chairman of Committee No. 2. advised that the committee, after hearing the owner of the property involved and spokesmen for the residents favoring a park, had returned the matter to the full Council without recommendation:. Maps of the area and the proposed apartment development were reviewed by the Planning Office"r. In response to a question regarding the drainage situation, the City Engineer advised that the work recommended some time ago has been completed and the recommended facilities have been provided to handle the runoff from a maximum storm. The City Manager reported that a master plan for parks was approved by Committee No. 2 and the City Council in 1953 and :`that the requirements of the park program will be completed when the proposed athletic center is built; that the plan did not include a park in the location requested by the petitioners, and that their- request for a park was made only because the owner of the property asked for a change in zoning. It was pointed out by Councilman Byxbee that the tamer could build single family residences immediately under the present R-1 zoning. OZ. 116. The City Manager, when asked to`comrnent. on the financial situation, advised that there are no funds in the current budget for the acquisition of the property for a park; that if the City were to acquire the property it could only be accomplished on a lease purchase basis unless the owner is willing to hold the property until funds are available. There were -a number of people present who wished to speak on the matter. Mr. Frederick S. Wyle, 984 Amarillo Avenue, addressed the Council in favor of a park and opposing the request of the Baysaore Amusement Company to rezone the property for apartment use". Mr. Wyle stated that the residents in the area feel they are entitled to a park. Mrs. Dorothy Wolfram spoke of the problem of overcrowded schools and stated that at present 127 children in the area are sent by bus to other schools because of; the crowded conditions at Van Auken School. She r.01:ed that additional apartments would add to the school problem, and made reference to the petition previously presented which indicated that 92% of the people contacted in the area favor a park. Mr. Kenneth Pigg commented on the drainage problems in the area, and advised that the residents feel that there should be no construction on the property which would require fill. Mr. George Turner, 2590 Ross Road, suggested the School Board might be contacted with regard to acquiring the property for a school. Mr. Arnold Childhouse, representing the Bayshore• Amusement Company, addressed'the Council, stating that the property is not suitable for R-1 residences; that to meet the demands of the people in the area they had designed the project so that one- story buildings would be adjacent to the existing residences and there would be a street between the one-story duplex buildings and the two-story apartment buildings. Mr. Childhouse said the owner would like to have a°sdecision on the matter. He made a proposal for the Council to conrider, advising that his company would be willing to give the pors,ion of the property,on whicn it had been proposed to build: six duplexes, to the City for development as a park,not a playground, with the.i,.nderstanding that the balance of the property would be rezoned for apartments and that the cost of the street and other improvements would be pro -rated so they would pay for only the portion which served their development. Mr. Childhouse stated that the area which they offered to the City for a park is 1.17 acres. It was moved by Porter, seconded and carried that the matter be referred back to Committee No. 2 for consideration of the new proposal. Mr. Childhouse was requested to put his proposal in writing prior tc the meeting of the committee. It was; moved by Bishop, seconded and carried that the staff be instructed to look into the possibility of acquiring the whcle property, which is about five acres, on a lease -purchase arrangement, and to inspect the site and see whether it is usable for park purposes. (The Council took a recess at this time, 9:30 p.m., and reconvened at 9:40 p.m.) • • 0 • m • O s a a Yacht Harbor A report was received from Committee No. 2 recom::nend- ing approval of the action of the Board of Supervisors authorizing the allocation of $300, 000 of bond money for improvements at the P:.10 Alto Harbor, with the understanding that the terms of the eventual agreement are along the lines originally drawn up and are satisfactory to the Council. On motioned Zweng and Mitchell, the recommendation was adopted. Zone Change. 597 Urban Lane _ A report was received from the Planning Commissior,. ,recommending approval of the application of Southern Pacific Company for change of district from R-1 to M -2:S for the property at 597 Urban Lane, being portion of the Rancho Rinconada del Arroyo de San Francisquito. It was moved by Mitchell, seconded and carried that a proposed ordinance amending the Zone Map to provide for this zone change be'accepted for first reading. Zone Changee (Eichler Homes) A report was received from the Planning Commission: recommending denial of the application of Eichler Homes, Inc. for - change of district from R-1 to P -C (apartments) for the property in the 3Z00 and 3300 blocks of Middlefield Road, otherwise known as Lots 1 through 8 of Los Arboles Tract No. 2396, and a parcel. approximately 132 x 157 feet northwest and adjacent to Lot 1, being portion of Lot 80 of the Wooster Subdivision. A letter was received from Eichler Homes, Inc. request- ing that the matter be referred to Committee No. 1 for a hearing so that they might have an opportunity to present additional rnate;rial for consideration. Letters were received from Mrs. Richard Fisch, 3348 Middlefield ;Road, Gene Schobinger, 3364 St. Michael Drive, and Bill Melchior, 3439 Cork Oak Way, asking that the Council uphol3 the recommendation of the Planning Commission for denial of the zone change and that decision be not deferred by reference of the matter to committee. Mr. Schobinger addressed the Council briefly, stating that the residents of the area who oppose the zone change do not want it referred to committee and are prepared to present'a summary of their position at this time. It was moved by Byxbee, seconded by Rodgers, that the recommendation of the Planning Commission be upheld and that the application of Eichler Homes for this zone change for apartment development be denied, and the motion was carried by voice vote. Zone Chance /Stephen G. Moore), Withdrawn A report was submitted by the Planning Commission recommending denial of the application of Stephen G. Moore for change of district from R -1:B-8 to P -C and R-3: G for the property a44. ya.a � .A't+'�5� at 705 Charleston Road, northerly corner of Charleston and Middle- field, being portion of Lot 5 of the Rancho Rincon de San Francisquito. A letter was received from the applicant, Mr. Moore, withdrawing his application in order that he might substantially change it and re -submit the proposal to the Planning Commission. :Mr. Moore also spoke briefly, stating that he would like to present revised plans to the Cornrnission. It was moved, seconded and carried that Mr. Moore• be permitted to withdraw his application. Amendment to P -C Develo ment Plan or Palo Alto , nc. a Cora ro er A report was received from the Planning Commission advising that it has considered the application of Palo Alto Inn, Inc. to amend the P -.0 Development Plan for the Maggiora property on El Camino Real at Adobe Creek, and recornrnending amendment of Ordinance No. 1923 to provide for a 180 -day extension of the development schedule for the previously approved development plan of 152 units, two-story construction, 452 parking spaces, and 24,500 sq. ft. of commercial floor area; also that if there are any major changes proposed to the plan these be considered by the professional planning consultant in connection with the General Plan study. The Planning Officer advised that the applicant would like to present his amended plans at this time. The sketches and plans weredisplayed and reviewed by the Planning Officer and the representative of the applicant, Mr. Clifford S. Heinz, Jr. It was pointed out that a further amendment has been made to the plans since they were considered by the Planning Commission, to provide fora larger meeting room or auditorium seating 1000 persons and for several smaller meeting. rooms. Mr. Heinz stated that the hotel development they propose will cost approximately $3,.000,000 and that financing has been arranged; that they desire very much t� build the 200 -unit hotel as now proposed and are prepared to proceed with final plans at once and commence the project as soon as possible. A letter was received from W. H. Voorhies, 4260 El Camino Real, owner of property adjacent to the Maggiora property , approving the proposed amendment to the development plan and recommending the application be approved. Mrs. Eleanor Hannon, 4254 Suzanne Drive, told the Council that she and' several of her neighbors have no objection to proposed hotel project. Mr. John Albers, 632 Fairmede Avenue, spoke in behalf of residents of Green Acres No. 1„ advising that the amended plan is hot acceptable to them; that they object to the height of the building, that they are opposed to any kind of a tower on the property, and they are fearful that Glenbrook Drive will be opened to allow traffic from the hotel into their residential area. Mr. William E. Anderson, attorney fer eight hotel owners on El Camino Real, told the Council he was prepared to speak on the matter but if the plans have to be referred back to the Planning Commission because of the. further amendment ,submitted to the Council tonight, he would make his presentation to the Commission. The City Attorney advised that the new amendment to the plans would have to go back to the Planning Commission. 0 31 The Planning Officer advised that the Planning Commission had held a public hearing;, on the proposal as presented by Mr. Hein for amendment to the P -C development plan with the exception of the larger auditorium proposed. It was wrought outin discussion that the action of the Planning Commission implied that they denied the amendment tb the P -C development plan as originally adopted, although the minutes of the Commission's meeting did not state that they recommended denial but recommended an extension of 180 days on the previously approved development plan. Walter Stromquist, Vice Chairman c,f the Planning Commission, advised that the Commission felt the' application for amendment as presented was not acceptable on the basis that the density had been increased over the previously approved plan; that the tower for the 8 -story building as now proposed was too high, and the plan did not include a large auditorium. The City Attorney suggested that the matter could be returned to the Planning Commission for a specific recommendation on the proposed amended plan; that the Commission could be asked to consider the matter at its meeting Wednesday evening, February 15, 1961 and make a report to the Council at its February 27th meeting when the Council could consider the revised amended plan as presented by Mr. Heinz; that this would delay the rnatter only two weeks. it was moved by Navis, seconded and carried that the matter be referred back to the Planning Commission for a specific recommendation on the amended plan, and that the Commission consider this question at its February 15th meeting and make a definite recommendation on the proposed amended plan at that time. Resolution No. 3348 extending the time limit in the development schedule as established in Ordinance No. 1923 was introduced, and on motion of Navis, .duly seconded, was adopted by voice vote. This extends the development schedule of the original plan for 180 days. On motion'of Stephens and Byxbee, the Council adopted a sense motion giving Mr. Heinz a vote of confidence to continue with the amended plans for this hotel project as presented to the Council this evening. Final Map of Tract 2867 (Guidoux) A report was received from the Planning Conzriissio.: recommending approval of the Final Subdivision Map as presented by A. Guidoux for Tract No. 2867 located between the stub -end of Wellsbury Way and Matadero Canal, and being a portion of Lot 54, Wooster Subdivision, subject to; a) Requiring sufficient fill in the proposed subdivision to provide adequate cover for sanitary sewer lines, (b) dedication of a 5 x 20 -foot public utilities easement at the northerly corner of Lot 8 as shown on the map, and c) providing a 10 -foot walkway easement to the park as shown on the map. The City Manager advised that it is difficult to see why the Planning Commission recommended the 10 -foot walkway to the • park in view of the problem of building a path across Matadero Canal; that the staff recommends the walkway easement be not required and that this condition be deleted from the requirements for the subdivisi )n map. After discussion it was moved by Mitchell, seconded arcl carried, that paragraph c) relative to the walkway easement be deleted froin the conditions. Resolution No. 3349 approving the final map of Tract No. 2867 subject to the other two conditions as recommended by the Planning Commission was then introduced, and on motion of Mitchell, duly seconded, was adopted by unanimous voice vote. Final Ma of Tract 2898 Victoria Manor _enaming }irs�; ..ree o TWiikie Wa1r �A report was submitted by the Planning Commission recommending approval of the Final Subdivision Map as presented by Joe Dolan for Tract No. 2898, Victoria Manor, being portion of Lot 5 of the Santa Rita -Rancho, located on the northeasterly come:- of West Meadow Drive and the proposed extension of Wilkie Way, subject to:, a) widening the public utilities easement along the northwesterly line of -Lots 5, 6 and 7, to match the line dividing Lots Land 10 of the adjoining subdivision, for the purpose of aligning easements in the two tracts, and b) changing owner's certificate to describe dedication of the anchor easements shown. The Planning Comtna.ssion further recommended that First Street for its entire length (approximately one block) be renamed "Wilkie Way". Resolution No. 3350 approving the final map of Tract No. 2898, Victoria Manor in accordance with the recommendation of the Planning Commission, was introduced, -and on motion of Mitchell, duly seconded, was adopted by unanimous voice vote. A proposed ordinance changing the name of First Street to "Wilkie Way" was introduced, and on -motion of Mitchell, duly seconded, was accepted for first reading by unanimous voice vote. Lot Division cpeterson, 4307 Miranda Avenue) A report was received from the Planning Commission recommending approval of a lot division for the property cf Fred M. Peterson at 4307 Miranda Avenue, subject to: a) granting public utilities and sanitary sewer easements as required by the City Engineer, and b) furnishing evidence of payment of all payable city and county taxes. On -motion of Byxbee and Bishop, this lot division was approved in accordance'with the recommendation of the Planning Commission. - Amendment to Subdi rision Ordinance A report was received from the Planning Commission recommending amendment to Section 3.33 of Ordinance No. 1316, the Subdivision Ordinance, regarding rear lot development. It was explained that the proposed amendment would provide more strict regulations governing the development of rear lots. It was move,), seconded ar_d,carried by unanimous voice vote that a proposed oroinar_ce amending Section 3.33 of the Sub- division Ordinance be accepted for first reading. 1, A endment to Zonin Ordinance (Sec. 8.20 and 88.19) The Planning Commission recommended amendments to Section 8.20 of the Zoning Ordinance pertaining to building height limit in the R -3:G District, and to Section 8B. 19 regarding building heighrlimit in the R -3:P District. A proposed ordinance amending Sections 8. 20 and 8B. 19 of the Zoning Ordinance was introduced, and on motion of Mitchell, duly seconded, was accepted for first reading by unanimous voice vote. imendrnent.to Zoning Ordinance (Section 12. 02) Toyon Creamery Variance A report was received from the Planning Commission recommending amendment to Section 12. 02 of the Zoning Ordinance to add the following to uses permitted in the C-3 District: "(b) (8) Creameries, for the processing, packaging, storage, sale and distribution of dairy and related products, and uses incidental thereto." • 4 • It was reported that the Toyon Creamery, 2280 El Camino Real, is now operating as a non -conforming use; that their property is involved in the widening of El Camino Real and a portion of it will be acquired by the State for widening; that they have applied for a variance which has been denied by the Zoning Administrator and presumably they will file an appeal. The variance request was for permission to build a structure to replace the front portion of the building which will be condemned, for the street widening, on the portion of the property now reserved for parking. It was noted that an amendment by the Council to the Declaration of Restrictions, to eliminate parking requirements for the area needed for the replacement structure, is involved in this proceeding. It was moved by Byxbee, seconded and carried by unanimous voice vote that the proposed ordinance amending Section 12.02 of the Zoning Ordinance be accepted for first reading. It was moved, seconded and carried that the Planning Commission be requested to act as promptly as possible to consider the appeal of Toyon Creamery on their variance application and report back to the Council without delay, inasmuch as the acquisition of property for the widening and improvement of El Camino Real is involved. Planning and Economic Consultants The Mayor submitted a report in behalf of the Committee on the Selection of Planning and Economic Consultants for the revitalization of the.University Avenue Business District and the updating of the. General Plan. The committee unanimously recorr:nended that the City retain the services of Charles Luckman Associates of Beverly Hills for the purpose of bringing the General Plan up to date and designing a precise plan for the development of the University"Avenue Business District, and that Larry Smith and Company; of Seattle =be retained to provide _the required economic d.ata for the University Avenue Plan and the Palo Alto General Plan. The report contained the information that the fees for the services to be rendered are as_ follows:, A fixed fee of $17, 500 for the economic., analysis and consulting services of Larry Smith and Company, with one-half of this cost applying to the University Avenue study and the other half to the General Plan study; the fee for the services of c$ 4 • Charles. Luckman Associates for updating the General Plan is a "not to exceed" fee of $44, 800 and for the University Avenue Plan is a "not to exceed" fee of $10, 000. It was moved by Zweng, seconded and carried that the recommendations of the committee be accepted and that the Mayor be authorized to execute the appropriate agreements in behalf of the City.. The City Manager reported that representatives of both firms will be here on February 20, 1961 and there will be an <, orientation meeting with the staff to set up the program. A press conference will be held that day, and there are plans for a reception at the Community Center from 5:00 to 7:00 p.m. when. interested citizens and representatives of organizations can meet, the consultants. Councilman Zweng stated for the record that itshould be noted that this: action of the Council in retaining planning firms for- the revision of the General Plan and: the downtown plan shows that the Council is'convinced of the importance of sound planning. El Camino Annexation No. 5 ti Resolution No. 3351 declaring that proceedings have beer; initiated. by the Council to annex to Palo Alto certain uninhabited territory designated" as "El Camino Annexation No. 5" and giving notice of the proposed annexation, setting hearing for March 27, 196.1 at 7:30 p.m., was introduced, and on motion of Byxbee, duly seconded, was adopted by unanimous voice vote. San Antonio Overpass Resolution No. 3352, determining that the public interest and necessity require the acquisition of certain rights of way, together with any improvements located either entirely within, or partially within and partially without said rights of way; and authoriz- ing the City Attorney of the City of Mountain View to act for and on behalf of the City of Palo Alto in the filing of eminent domain proceedings, in connection with the San Antonio Road.overpass, was introduced and on motion of Rodgers, duly seconded, was adopted by unanimous voice vote. Project 60-4 Alma Street Under round Electric Utilities Resolution No. 3353, amending resolutions in connection with Project No. 60-4 to correct the series designation from "LLL" to "MMM", to change the title of "auditor" to "controller' and to change the term of the bonds, was introduced, and on motion duly econded, was adopted by unanimous voice vote. Private Patrol Service Ordinance No. 1997, amending Article 4 of Codified Ordinance No. 5 establishing regulations for private patrol service, was given second reading, and on motion of Mitchell, duly seconded, was adopted by unanimous voice vote. Abatement of. Unsafe and Unlawful Conditions Ordinance No. 1998 adding Article 35 to Codified Ordinance No. 5 to provide for the abatement by the City of unsafe and unlawful conditions in certain instances, was gives_ second reading, and on motion of Rodgers, duly seconded, was adopted by unanimous voice vote. Amendment of Section 33.40 Ordinance No. 1999 amending Section 33.40 of Codified Ordinance No. 5 regarding Liability Insurance Required, in connection with regulations regarding Streets and*Sidewalks, was given second reading, and on motion of Mitchell, duly seconded, was adopted by unanimous voice vote. Re ulations for Excavations, Grading' and Fills A, proposed ordinance adding Article 34 to Codified Ordinance No. 5'regu:lating excavations, grading and fills, was introduced. On motion of Navis, duly seconded, this ordinance was accepted for first reading and referred to Committee No. 1. s m 0 • JEW Claim for Damages Crenshaw) A report was submitted by the City Attorney on the claim filed by Fred E. Crenshaw in the sum of $56.83 for asserted damage due to a purported clogged gas line. He advised that after investiga- tion of the matter he had concluded that there was no negligence on the part of the City and recommended that the claim be denied in its entirety. On motion of Navis, duly seconded, the report of th.e City Attorney was accepted and the claim denied. Marshall Electric Company Claim A report was made by the City Attorney on the claim of Marshall Electric Company in connection with the electrical work for the Palo Alto -Stanford Hospital Center. He advised that an agreement had been reached with the firm's bonding company, and recommended:: that the Mayor be authorized to execute in behalf of the City a release and assignment of all claims against the Marshall Electric Company, the settlement providing for the City to release the final payment of $54, 000. It was moved, seconded and carried that the report be accepted and the Mayor be authorized to execute the release and assignment. Monthly Reports The monthly report of the Planning Officer on action taken in January on applications for redivision of lots, and the monthly report of the Zoning Administrator on action taken in January on applications for variances and use permits, were received and filed. Executive Session The Mayor asked the Council to adjourn at this time, 1 0:45 p.m. , to the Conference Room for an executive session on a matter of personnel, after which the Council reconvened in regular.: 3 . +O 0 a session at 10:55 p.m. Planning Commissim Appointment The Mayor nominated Mr. Frank J. Madison for appointment as a.. member of the Planning Commission to fill the vacancy caused by the recent resignation of E. V. Arbuckle, for the term ending June 30, 1961. m M 0 0 • 0 0 0 0 • It was moved, seconded and carried that this nomina- tion be confirmed. There being no further business to come before the Council, the meeting was declared adjourned. ATTEST: ': < •t r, z •,City Clerk