Loading...
HomeMy WebLinkAbout07101961Co City Hall., Palo Alto, California' July 10, 1961:. The Council of the City of Palc, Alto met in regular session on this date at 7:30 p.m., with Vice Mayor Haight presiding. Roll call as follows: Present: Arnold, Bishop, Byxbee, Debs, Dias, Evans, Haight, Marshall, Porter, Rodgers, Rohrs, Rus, Stepi'iens, Woodward. Absent: Zweng. The minutes of the meeting of June 26, 1961, were approved as distributed. The, five new members of the Council, Mrs. Dias and Messrs. Arnold, Debs, Rohrs and Rus, were welcomed. Election, of Mayor and Vice Mayor It was announced that the following procedure, which traditionally has been used for the election of Mayor and Vice Mayor, would be used tonight unless there is an objection from a majority of the Council: the Mayor and Vice Mayor to be electedfor one- year terms; the Mayor to be elected first; no nominations to be' made; vote by secret ballot; 8 votes to be necessary to elect eacn officer and successive ballots to be taken until one candidate receives the necessary 8 votes. Councilmen Porter and Byxbee were appointed to act'. as Ballot Clerks. Three ballots were taken for Mayor as follows: . Haight 6 Woodward 5 Evans 3 2. Haight 7 Woodward 4 Evans 3 3, Haight 8 Woodward ' 6 Councilman David B. Haight, having received the necessary majority on the third ballot, was declared elected Mayor for the fiscal year 1961-62. The Council then balloted for Vice Mayor and two ballots were taken, as follay..s: 1. Rodgers . 7 2. Rodgers Woodward L Evans Evans Woodward Zweng 2 Councilman Lee W. Rodgers, having received the necessary majority, was declared elected Vice Mayor for 19f .1 •12c3 Budfet for 1961-62 This was the time set for the public hearing on the budget for the fiscal year 1961-62. Notice of the hearing had been given as provided by law. 'A report was received from Committee No. 3 recorri;:-n nd- ing adopt on of the budget as submitted, including the recommended salary program and the recommended sewer service rates. Council:nra.nRodgers presented d a report, for the co'nrnittee or its revi' WO? the budget, calling ....t..,, .i(,11 to ne,.v ser\.),..i•-, new ,.ersor„nt:1, :ilatV Y:'it Y71,. i> :il r and -,(:'-":V C rot -t.:` .k.^ Ciltit a.;S)^ thesc items, '.t7.^. Rodgers that i '71orig t. .(w 4'ices !"C)^ ` il, rer! wore a fnicrofil ;ling c" ; t)t'y.l; nth tor a cc Lra k.' . (_ 1.., ( � a t' 1: ,)i": ;1: '�1 . . . . , ,:1„(t'nato5' for a ,'entr ,;I:z 't i.'Cyr':nitt:c:C 241.7:: U' ;zl �.;f; l engineering C' pOinted out .1c ills -t't'"ttt;t,t) o: .b !;r , ',1C7r..,(iP.:, and " v:1C. ciep 1 tii ( .ta ! <t •ir i.,,lt:, i'.,'w t os,• T?O: :t 1S)Il ,ti \ ,..r(, Wi 1 .lty" Mt -Lc -lager; i.'i i::" 4:he rC" ci ]1 .p..7 , ( s:ii.ii\' pro,41•are. proviti. d for" a one -half step (2.8%) increase in all salary ranges for all regular. _ positions, and for a'one-step increase in the salary range for certain positions.' It was reported that the capital improvement program as outlined by the Cite Manager generally follows the recomn' ndations '01the Council and the Citizens' Con -in -duce relative to capital projects: that many of the projects have received prior policy approval from the Council; and that the Utilities capi.ta.l provides -for expansion Of utility systems to meet customer demands and to strengthen The distribution systems, and for acquisition o.= privately -owned Utilities systems in recently annexed areas Councilman Rodgers advised that. the committee had reviewed reconllr(_nd d schedules for i.ncre .,,c'r-in .sower se.rVice,_ providing for an''increase in the inside resit',enti?.ii rate from b0 crTt' to $„1.00 and id thb out sid,_ resLiential rate tro-r, 1 . t1 S to $3.00 pP, month, with . for oo`.h insicc and nut . ,1 de ca')I-1rnerc1:Yl r3tes. C?i''2al , of Cornr.it'tet No. : it Ib=is. .novcd 'Jy Rodgers. that the blodget. bt iit (. recommended as Stiliniit c(; and . 'ommended byLCl'• \C) Commit N _ . .:. The .T)O�t1Vn was :second.. -!‘d Porterr. The hearing was declared open. There being no one in the audience who wished to speak on the matter, the hearing was closed.. Councilman Debs moved that the budget be referred hack to Committee No. 3 for study of the following items: a park for the Amarillo Avenue area, fire and police salaries, maintenance of the. yacht harbor, and possibility of installing push-button traffic signals near schools. The Citv,Manager advised that the tax rate will not be set at th:'s meeting; that a,iy items could he referred to the committee for study if so desired by the Council, but he suggested the budget as presented be approved at this time so that work on budgeted projects would not be delayed, with the understanding that additions could be Made later if directed by the Council. The original motion was changed to read that the budget be adopted .,as submitted and as recommended by Committee No. .3; ' that Ordinance No, 2038 adopting the budget for 1961-62 be approved, 14'9 and that'the•.tens rzer_tiot e.d by Councilman Debs be referred, to. Committee 1`o<. 3 for '61;1:4. ;The rnotion was carried and the ordinance adopted by urAanimous voice vote. Resolution. Ni.. 342,4 adopting the salary sclic.duie, as. recommended, e .fectiV e wi;t?r the pay period cornmencing June 26, 1961, was introduced an o:°, motion of Rodgers, duly seconded,. was adopted unanimous voice. vote. In making, the motion, Councilman Rodgers noted tha.t' t�iere i rio provision in the schedule for any change in the salaries of, Connell -appointed officers. Stanford Annex.a.tiori No. 11 ....�-_ This wasniheetirne set for hearing on the proposed ;.innexatiO' Of nnl'rtha iced territory designated as ''Stanford Annexa- tion No. 1 t", containing 2 acres. It was reported that noticed of the hearing; has been given,as .provider by iaw, ,and that notice `'has been mailed to i;;v. ;ems n r>.f th_ property in the area proposed to be annexed. The City Clerk repented that no written protests have been filed. A report.was presented by the City Assessor advising that, the assessed value of the proper_i.es Located within. the bound?ries of the proposed annexation is $6,4:‘0.00. The hearing va;ss' declared open. Mr. Thomas Ford, Director of Land Development for Stanford University, owners of the property, spoke in support of their request for annexation and of the :plans for development of the property. Therit being no one else who desired to speak on the rn:atter, the hearing was closed. A proposed ordinance a.p;:rov'ng the annexation of territory designated as "Stanford A*i:2ex;,tier io. 11" was introduced, and on. motion of Stephens, defy seconded, was accepted for first reading by unan'.rnous 'voice vote. A report was rcceivy;ei from the Planning Commission unar.irnous :y recommending L -M zoning for "Stanford. No. 11". A proposed +'rdinancc amenaing the ?.one Map to establish ;the coning of this area :is L -M was introduced, and on motion of Porter, d'iiiy seconded, was recepted fox first reading by unanimous voice vote. Ciitu.r•a.lCencf-r. :'✓C'.(: ;. . •,r» IZ ��. vV'(�f,. "' .7,forming the Cotinc.ileof tiieyezeinest. l.;i ... g_Chuo C'1 'person,. , eni't. !f'. ree letter, in the deve'.opmC:n,.. ()1. a enno,..7al ,:.e . :o soree the eterests of the 1.:r.o,rrt ''�✓i..: ^, ,_ ?`� a:. 'rion-le Owners re i ( n(. is A.,e<: nr.'_n,1. ii:atiun va.s r eeeived i'ri(n. 'eon:, owners !1: the Walnut: Grove nIten:l F'- o Merit at Charleston Road aod is Street being constructed by J. Cyril Johnson, Inc. relative 'o the four -foot. • fence erected on the Airna Street side of the development. They stated i' tae letter th:. t;;ey ilttreha.seci rot•,r flirt: e, it was their understand '+!g that 1 i;+7 1c ec by the '•?LaldC on A1n:a St ?'... ...'. t` ,., C;.". fou r foot {C'''1(.'+- ate e ne. They. asked.tht Conn, .� _ C`._ the 7,.-)atter tLatidn corrected_ The, City Manager called attention to the recent action of the, Council adopting an amendment to the Building Code to provide that where a lot has frontage on two public streets, a fence may be constructed on the rear property line provided such fence is constructed of masonry or.similar type construction, does not exceed six feet inheight, and that the property owner shall install planting and an irrigation systezn in any parking strip located between the fence d the curb; The City Manager pointed out that if these conditions are not met, then the height of a fence on a rear property lire in suchinstances is limited to four feet, and that the developer constructed a four -foot 'wooden fence so that he would not .lee required to erect the masonry type fencing. The City Manager;advised that other cities have similar ordinances requiring masonry or permanent type fencing in such cases. At the suggestion of Councilman Woodward., the City Manager was asked to write a letter to the people concerned explaining the ordinance to them and providing them with full information on the matter. On motion of ByXbee was refer. ed to Committee No. consideringimprovem@r'* of the height. Wa.te_r Ptzai_iar am and Rodgers, the fence ordinance." 1 for further study with a viewto standards for fences of any Letters were received and filed from Richard Russell,: W. Ed Buzrkhard and Wren. E. Schmidt recommending the purchase: of Hetch H:etchy'.wateee.! Anne xa:tiori quiesa, A letter wa, r'eeeived from the J. Cyril Johnson Investmenf, Corpoxaton requesting the Council consider the annex-. tion of.a 1.016 c e..p reelabcut 100 feet distant from the inter-,= section of Fro:+.ta.ge Road and the former Arroyo Road and Amarillo Avenue. The City Manager displayed a map showing the location. of the parcel' in question, which is a portion of the property of the' • Mackay Radio & Telegraph Co:npany. He recommended that the matter be referred to the staff for investigation, calling attention to the past policy of the Council that if Mackay Company is interested in annexing to the City, all of its land be annexed instead of annexing. on a'pi:ecerneal` basis. it was moved by Bishop, seconded and carried that this matter b,e referred to the staff for investigation and report back to the Council. A_n_.nexations, to Mountain View !' otic:eer were received and filed of proposed annexations to the City of Mountain View, designated as "Grant No, 14", "Evelyn No 7", 'Alma No. 3", "Middlefield No. Z5" and "Middle- field No. VI", • F:uofhi'(L Ex.Me- res,5wax "i he we -W -as or the agenda a letter from the Board of Supervisors tr o.nSYriittir:fy copy of resolution rciative to conderimation of the Sonthe r'Pac fir .Railr.oad Company property for the Foothill Expre«way right-of-wriir. The City Manager told the Council that the City Attorney has .1 -advised that the letter is premature a -td that, this roaster Win he resubmitted when there is complete information available. ree:enn •^ wit Scant i Mara Valley., Water on-' ' 7 on District . . _ . She C .y Manager presented a proposed agreement with t'he..Sari.ta- Ct<.r: :V Mlle} W;ter Conservation District providing for re.i i r ::e'r « to to• the City .or, a formula basis of a sum not to ex°oeed :$20.00, per acre -foot tor. irn.pi,; ted water used in the portion of Palo Alto. w t ,t ic acs .nda-ies of the Districtwnich is this area.,' south of P d}be Crc ck, affeciting` about one -sixth of the developed area of the City. a".otion. of .Porter, duly seconded, the Mayor was authorized to exer::'te .the agreement in behalf of Vie City, by unanimous voice-vot .. Water Commission A Em tter was received from. the Chairman of the Santa Clara Coun.ty Water Commission asking whether or not the Council desires to- c-o:v;i.^.U.. having representation on the Commission. The .Mayox' advised that if it is agreeable to the Council he will appoint sox --e one to sit in on the meetings of the Water Commission and, keep t; i f:'oo.n. ;il informed. There being no objection, it was so ordez-ced.. Q iitc; 11 1)e o r]. to :;;;_aitiSl ;t ',vas recommended by the City Manager that the Cour..cil authorize tho execution of a Quitclaim Deed to Edna M. Speid.el in. c;onn.e.ction '.vitb`'he closing of a portion of Southwood•. Drive, yeses•: ir:r; to the Ci',:v and the Telephone Company certain easements:. Lei rnotio,i.of Pox,:er and Marshall, a resolution authorizing.the Mayer `to exe,,ut : this Quitclaim Deed was adopted by unanimous voice vote. :�eGol.u-tia- _fa,; ,F{,�tirir reas.urer A resolution expressing appreciation to William C. Cobb, who is retiring after serving 30 years as City Treasurer, was introduced and on motion of B,yx'ee and Marshall, was adopted 'oy unanimous voice vote. Condemnation of Buildin 307 Sheridan The City Manage: advised that there should have been an item on the agenda relating to the property at 307 Sheridan Avenue which has been declared to :he a substandard structure. He asked that the matter be continued to the next meeting of the Council on July ?4:, 1961 when a full report on the matter will be given to the Council and, the owner will appear to show cause why the building should not be deetared a public nuisance ..cnd abated. It was so ordered Yackif Harbor - Plannir ;;_j oan A report was received from Committee No. 2 recommend- ingadoption of :a resolution accepting the terms and conditions of the Resolution of the Small Craft HarborsCommission granting a planning loan to the City of Palo Alto, and authorizing the Mayor to execute an agreement with the State of California for such planning loan in behalf of the City. T e City Manager advised that the amount of the loan is $16,000'.01.): Resolution No. 3425 accepting the terris and conditions of a resolution of the Small Craft Harbors Commission granting a planning loan to. the' City was introduced, and on motion of Marshall and Stephens, was adopted by unanimous voice vote. Zone Change Application, J. Cyril Johnson,, 110 Tennyson Ave. A report was received from the Planning Commission recommending denial by a vote of 4 to 2 of the revised application of J. Cyril Johnson, Inc. for change of district from R-2 to P -C (apartments) for the property at 110 Tennyson Avenue. Mrs. Philip Towle commented on the matter, referring to the denial by the Planning Commission of the original application and consideration -of -revised plans after the question was referred back to the Commission by the Council. She advised that there was disagreement armcng the members of the Planning Commission as to the density of the development., Mr. J. Cyril Johnson, the developer, addressed the Council stating that he proposed to consolidate several lots and build an apartment deweloprnent of 30 units. with parking area and landscaping. A motion was made by IIyxbee, seconded by Woodward', that the Council uphold the Planning Commission and deny the application. A rnotion' was made by Stephens to amend the previous rnotion by:``:giving approval to the application as requested, but there was no ;second. Councilman Rus, former member of the Planning Commission, commented on the problem of density. He advised that the Commission would probably have agreed on 27 or 28 units but was opposed to increasing the density to allow 30 units for this 'particular development. Upon being questioned by Councilman Stephens, Mr. Johnson stated that h' thought`his organization might be willing to consider. 28 units..' Mr. Malcolm McGilvray, 1776 Waverley Street, addressed: the Council in support of the Planning Commission's recommendation for denial. • end the; original to hens to am iginal �� motion was made by Stephens to the Planning Gomm the matter back motion by refer►irg . • ecUnd ssion 'Shere -*as no the planning Commission again. hold vote i-.al rz?ation to up ority voice the arjg t en carried by rria3 and d�exw;�tihc apphcatx;,n was then *rent L1Se.� a�' "`u s°" ""rr Commission the planning hold the decision o: was submitted by the Council uphold , Wilson, p, rep07.-t 1 that r; b a`vtite of 4 to a use permit to Carl recom:�rien ng Admiristr :tor denying to allow estate, of Bertha A. Wilson, of the Zoning a ,rasso, Street. of the 435 conservator that the Use '04' a. por'ion af;tne, structure at and carried was moved porteranixnissaoa be. upheld and the use •x,,o Je3 by 5. the .:Planning G rccom.:�en.d Lion ;f perr.3.it be denied. No. �„ 'tentative 14an, Palo Alto Hills, 'Unit r•..�,,,,,,„,.. Planning %+O'CnXX7:i5slari repo received from the issi report was royal o£ the tentative. A Yep a vote of 5 to 1 approval for f to to a tentative " s Unite divisizn�r�a.p as yresented by Dan Da division map presented No. 1, subject to.. and easements and granting rights of way ,.necr, with dedication 1) aso inb b` the City En:g withhdedication a; oL.t'.in-d er foot street arid: i:np a'•`d wal of 50 -foot on both sides as planting and walk,.vay ease rents requi}ed in Unit No. 1. Recording the map of Unit No 1. 2) ends one -foot reserve, at the Establishment of a one - subdivision 3) 1: �ta,o s rrnir.ati:n.g at the of .'�^�'' streets te., boundaries. was and Porter, this tentative reap n of Rodgers the Planning On riiot:c.., ommendation of approve -d' in accoraa:ic.e with the recommendation � X601 Cro .do. A..� j,i�t J?ivi yian, _ lora Commission the Planning W , waS submitted by the application of David A report oval of 601 Colorado ,.ne;tdir..g apps Worthing :F unanimously d viis on of the property of A.SWort'.ing at subject to fa:r. a + 66, Wooster • n city acrd county taxes. 'ra5ex portion of Lot payable denial furnish, being e ce of payment, of all pay technical 'Th evidence that there had been a and l he furnishing Officer advised of the lot sizes, of t e to Planning part because Commission. on his rn.i of the lot division tter to the Planning had referred the Yzm."a and carried the Evans, seconded. a royal that the It was saved by . Commission for app t of the Planning xecoxalm,f`hda�on let division be upheld... Civil Dele.nse and Disaster Operations Plan Ordinance No. 203:9, adding a new section to Codified Ordinance No,' 5 being Division 10 establishing and regulating "provisions appbcabteto Civil Defense and Disaster, was given secondreading, anda motion was made by Porter, seconded by Byxbee, for adoption .of t;::;e ordinance. Councilman Debs referred to the section of the, ordinance which provides that the Council shall appoint 15 standby councilmen to serve in case of a disaster which renders regular council members unavailable'. He asked how the Council would select the standby councilmen., The City Manager advised that the ordinance does not provide a :specific procedure, but the Council would establish the procedure .for selection ,f the standby council members. He pointed out that the ordinance provides that the standby councilmen would assume their position..? in, alp;.zzbetical order. At the suggestion of the City ?Manage:, the question of establishing a procedure for selection of the staztdl.;y Council was referred to Committee No. 3.' The ordinance was then adopted by unanimous voice vote. Resolution No. 3.426 adopting a Civil Defense and Disaster Operations %1ara for the City of Palo Alto was introduced, and on motion of Porter and l;yxbee, was adopted by unanimous voice vote. Access to Safet Deposit }Box The City Manager advised that in view of the fact there`, - is a new City Tr'easurern it is necessary to enter into a new rental agreement for 'a safe deposit box at the Wells Fargo Bank -American, Trust Company, and to, arrange for certainofficers and employees of the Ci.ty.to_have Lthe right. of access to and control of the contents of the safe depOsit box. Resolution No. 3427, authorizing rental of a safety deposit box and granting'certain employees right of access thereto, was introduced, and ,on :notion of Marshall and Bishop, was adopted by unanimous voice vote. Amendment. to Stibdivision Ordinance • A proposed ordinance arn.ending Sections 1.6 and 1.7 of the Subdivision Ordnance with respect to recordation of notices and issuance of building; permits on illegal subdivi lions, was introduced The Assistant ;City Attorney advised that the purpose of the ordin .nc'e is to clarify the regulation that ne building permit shall be issted::for a lot that has been illegally subdivided. was On motion, of I3yxbee and Marshall, the proposed ordinance accepted for first, reading by unanimous voice vote. Claim for Damages (Lanirg) A report was made by the City Attar.ney on the claim of. Paul Laving in the amount of $$0.40 for asserted damage to a sign during the widening of San Antonio Road. The City Attorney advise that he had investigated the: claim and finds no liability on the part of the City. He therefore recoxanrnended that the claim be denied in. its entirety. It.was moved by Marshall, seconded and carried` that the City At orr_ey?s report be accepted and the claim be denied. Tax Deed A report was received from the Tax Collector request- ing acceptance of; a tax deed covering a portion of Lots 3 to 10 in- clusive, Block:: 7, Stanford University Villa Tract, upon which city taxes have bee^.delinquerit since 1955-56. He advised that this is oblong strip of land 40 feet in width and 395 feet in length, without access to a street, and would be of value only to owners of adjoining 'property. It is located between Waverley and Kipling Streets in the 3200 block. A resolution accepting this tax deed was introduced,' and on motion of Porte2', dt;ly seconded, was adopted by majority voice vote.' lviorthlyQports The monthly.report of the Planning Officer on action taken in June on applications for redivision of lots, and the monthly report of the Zori:ng Adma&.str.ator on action taken in June on applications for -variances and use pern-zits, were received and filed. Hospital Board Membr.sh� Councilzna.n Byxbee formally resigned from the Board of Hospital Directors in favor of Councilman Rohrs, new member, of the Council who is a member of the Hospital Board for the term expiring lane 30, 19`64: Mr. Byxbee recommended that consideration be given t(' having two Council members on the Hospital Board. The present operating agreement„ between the City and Stanford University provides that not more than one council member may serve on the Board at the sarne time. Mr.Byxbee suggested that the two Council members be rotted every two years scthat more members of the Council would have experience on the Board. He felt that such an arrangement would provide stronger liaison and a better understanding of Hospital problems. On motion of Porter and Rodgers, the suggestions of Councilman Byxbee were referred to Committee No. 4 for study: and recommendation back to the Council. Initiative Petition on Planning and Zoninz Councilman Debs called attention to the appeal now pending on the decision of the Court relative to the petition of initiative on planning procedures and zoning, and moved that the Council drop the appeal and place the initiative ordinance before the people fora vote. The motion was seconded by Mrs. Dias. At the request of the Mayor, the Assistant City Attorney reviewed the,, actions previously taken by the Council on the initiative petition. On October 10, 1960. on advice of the City Attorney, the petition was filed by the. Council. On January 9, 1961, the City Attorney was authorized to appeal the trial court's decision to the District Court of Appeal, and on June 12, 1961, the Council adopted the recommendation d Committee No. 3 that no action be taken on the citizens' request that the Council reconsider its position in regard to the initiative ordinance. The Assistant City Attorney advised that the motion is in substance a mt:iion to reconsider action taken by the Council and as such, in; accordance with the rules of order, the motion should be made by one who voted with the prevailing side. It was moved by Porter, seconded by Woodward, that the matter be referred to the Committee of the Whole for discussion; Councilman Rohrs stated that he would like to clarify' his position Hereferred to the open letter to new councilmen in tonight's Palo Alto Times which contained the statement that at'. a meeting before the election all the candidates who were elected had stated that if they were on the Council they would vote to put the petition of initiative on the ballot. Mr. Rohrs advised that he did not believe he made the statement that he would favor putting the matter= on the ballot if elected. He referred to a statement which he had first made that he felt the initiative ordinance should have been put on the ballot first and then its legality challenged by the Council, but since legal action had been instituted he felt now that it should be settled before any further action is taken. The motion to refer the matter to the Committee of the Whole was carried by majority voice vote. It was znoved by Stephens and seconded that the Council instruct the staff to consider and report to the Council on other possibilities and alternate :proposals for the proposed Oregon -Page Mill Expressway When the County officials present their plans for the expressway to'the Council. In making the motion Councilman Stephens•.,stated that he thought the Council should take a "new look" with the staff submitting alternate proposals which might take care of the situation and., if possible, avoid the taking of existing residences along the south side of Oregon Avenue. After discussion, the motion to refer the matter to the staff for a. study and report on alternate proposals was carried. Mr. John Sturm, 932 Oregon Avenue, and Mr. Franke Barr, 951 Oregon Avenue spoke briefly to the Council asking that. there be no further delay on plans for the Oregon Expressway. Mr. Sturm pointed outthat some of the property owners on Oregon Avenue have taken options on other property or made commitments elsewhere, .and urged that action be taken as soon as possible. The City Manager advised that the County was not prepared to make its presentation of the plans at this meeting, but that he would contact the County officials and urge then to make their presentation at the next Council meeting on July 24, 1961, in order to avoid any further delay. There being no further business to come before the Council, the meeting was declared adjourned at 9:40 p.m. APPROVED: /� �,, , Mayor ATTEST:��� t City Clerk