HomeMy WebLinkAbout07111960The :Council of the City of Palo Alto met in regular
session on this date at 7:30 P.M., with Mayor Porter presiding.
Roll call as follows:
Present: Ball, Bishop. Byxbee, Davis, Evans, Giffin, Haight,
Marshall, Mitchell, Navis, Porter, Rodgers,
Stephens, Woodward, Zweng.
The rninutesof the meeting of June 27, 1960, were
The Council; proceeded toballot for the election of a
Mayor for the fiscal year 1960-61. Councilmen Byxbee and Rodgers
Councilman Navis stated that before balloting begins he
would like to withdraw his previously announced candidacy for Mayor'.
Hesaid that he was withdrawing with regret; that his decision:was.
prompted by the, fact that a vocal minority in the community had
made allegations which ewe, a completely unfoundedbut which could:
only result'in discrediting the Council, He remarked that he hoped'
those in the community who endorse the general policies and.
prograr:s of the Coiinci'l would make. their support known. actively,
Navis also stated that developments is have occurred recently
which would make it: difficult for him from a personal standpoint to
take the`: position of Mayo . Pe thanked those who had supported
hirri, and ,state ?'that'as a xxlenibe: of the Council he would continue.
tofi`ght for the principles to which he has always adhered,
in discussing, the setting of ground rules for the voting,
it was agreed that eight votes would be required for election,
7. Ball 6
Haight 5
Zweng
Rodger 1
ballots, were taken, with the following results:.
Zweng 2.
Rodgers 1
8. Ball
Haight
Zwcrig
Byxbee
Rodger s
3. Ball.
Haight
Evans
Zweng
Rodgers
6, Bali
Haight
Zweng
Rodgers
9. Bali 6
1ia:ght 5
Zweng .
Rodgers 1'
,
10_. Ball,, �'.7 119 - .Ball'
Haight 5 Haight
.Zweng 2 Zweng
Rodgers 1 Porter
7 12. Bali'.
5 Haight
2 Zweng
1 Navis.
Bail g
Haight $
Zweng. 2
Admiral Balt, having received the necessary majority
of votes, Was declared elected Mayor for the fiscal year 1960-61,
and took the chair
Resolution Coirarnendin
Noel Porter as Mayor
At this time Councilman Rodgers read the following
Resolution:
"WHEREAS, the City of. Palo Alto desires to recognize
the vigorous leadership and meritorious public service;
of City Councilman NOEL E PORTER, who has served
as. "Mayor of the City of Palo Alto since July 1, 1955;
and
'WHEREAS, Mayor Porter has given unselfishly of his time
and talents to the .advancement of the City during its
greatest growth period; and
"WHEREAS, Mayor Porter, through his leadership, has
brought renewed eminence to the City of Palo Alto;
"NOW,:1"HER.EFO.RE, BE IT RESOLVED, that the City
Council.'Nx►ishes to -`commend the outstanding public
aervic,e;'of Noel E, Porter as its Mayor from July 1.
1955 to July 1, "1960, and to express its appreciation
for the leadership he has rendered."
The resolution was unanimously adopted and was signed
by all council xnembers,
Mr.. Porter thanked,. the Councilfor the honor of having
nerved the City as Mayor:for the past five years and for the support
he has received from the citizens, the Council and staff,
Election of Vice Mayor
The .Council then proceeded to ballot for the election of
a `vice. Mayor for the fiscal" year 1960-61. Two ballots were taken
with the following results
1, Haight 6
Rodgers 3`
Evans
Byxbee
Zweng 2:
Mr. Haight, having received the necessary majority of votes, was
declared, elected Vice Mayor for the fiscal year 1960-61
2.. Haight a
Rodgers 3
Evans
Zweng
2
2
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al, �e�tx°�• eau�ld wished �tlom
1961.
evict l ex to. ;a q he , ttex °° 'eel c;��,al e.
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w►
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City tt�x '�� °� . tted at, the " �{�
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at��e o a hearing 0,,,e tr the y 12.0 -toot la's'' �� of the
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the
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tte at their1 "0/01,l1.4.
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he this
T e noted that tir 1 0 ' Q' p1
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ee a by tb tks• _ yarl ° the str iavaxeYa.�, decision, discussed
1gc ` latex action protest the withrpast,
to be k'eld fax .a'p'p' ru let l` �o c 1 ?: �ax<',ax' a °�'� `:, o a�
mot 1, .ovx ° �c?l ay d tihat t�''est that I'd ac orda c wt s ed
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194 fee d c,e xs e nhx� ox ee and
received ixo ng �*xe,�nxxo�bite any letterhel t�ve to the ax ce. wvh�"
•
fireworks .in the 'city. The City Manager advised that he had F
discussed the matter today with the Fire Chief' and Chief of Police;
that -the, law has been in effect for many years and is considered' to
.be a' -model ordinance, ` and is the saxne ordinance which has been
adopted, by a :number.of states and many cities in the nation. The
City Manager -:suggested that it would be appropriate for the Fire
Chief -to reply to Mrs McLaughlin's letter.
councilman Byxbee,. calling attention to the: enviable
record which Palo Alto has in the field of public safety, moved that.
Fire Chief` Merriam be asked to reply" to the letter, explaining the
fireworks regulations and advising her that the City is doing: its beat
to enforce Stich ; regulation,s.: The motion was seconded by Rodgers
and carried.
o-Architectre Mitchell Park
.A letter was received from N. Kitamura, Chief .Land-
scape Archxtect�:of'the Park Department, Tokyo Metropolitan
Government, who visited Mitchell Park in April. Mr. Kitamura.
expressed sed his. interest in :the,park which he thought was an excellent .
design, and requested blueprints and information about the park.
It was suggested that some photographs of the park, in addition to
the information he requested, be sent to Mr . Kitamura.
Pc 211 .59 3;. Bixc.h Street
A report was ,made; by the City Manager on the bids.
received on July 8, 1960, for the improvement of Birch Street,
Project 59-3, with the recommendation that the contract be awarded
to the -low bidder, the Freeman.. Paving Company, at their bid of
$41,932.8T.
Resolution No 3232, awarding the contract for this work
to the Freeman Paving Company in accordance with their bid, Was
introduced, and On motion duly seconded, was adopted by unanimous
voice vote.
A recommendation was made by the City Manager that
the sn of $35,000 be transferred as a loan from the Unappropriated
Reserve to Improvement Fund 59-3, Bar: ch Street. It was moved by
Nevis, seconded andcarried by unanimous voice vote that this
transfer be authorized.
Sale of Electric Facilities to. Ci
nvsh or.e arcs _ere,-- exations
The City Manager submitted` an amendment to the Bill
of Sale Agreement with the Pacific Gas and Electric Company
covering electric distribution facilities in the Bayshore-Embarcadezo
annescativua acquired by the City, with check for net refund to the
City of $42.90.
A resolution approving the amendment and authorizing
the Mayor teesign -a'letter of acceptance of changes in agreement and
receipt ofrefund check was introduced, and on motion of Zweng and
Mitchell, was adopted by unanimous voice vote.
•
Refund De
sit to Palo:: Alto Hills Golf
an _ ountr �.
The City "Manager reported that he had receiveda letter
$rom-the manager of the Palo Alto. Hills Golf and Country, Club
requesting refund of the; $40, 000 deposit made on August 4, 1959,
to cover its estimated share of the cost of water main extension.
TheCity Manager =advised thatit is appropriate for the Council to
authorize:: the Controller to return the deposit in compliance with
the agreement
It was moved, 'seconded and carried by unanimous voice
vote that the Controller be 'authorized to return the deposit.
Beds Development Proposal
.0=
The City Manager reported that in accordance with the
Council's action of March 14, " 1960, he had sent invitations to a
number , of firms to submit proposals for the development of the
baylands, and that an advertisement had also been placed in the
Wall Street Journal. He advised that by, June 30, 1960, the deadline
for submitting proposals, only one firm, the Utah Construction &
Mining Company, had filed a proposal. This firm presented copies
of a letter to council members containing a brief summary of the
proposal, which was reviewed briefly by the City Manager. He
suggested that the proposal be referred to the appropriate committee
for 'evaluation and report at a later date.
A communication received today from the Palo Alto
Residents Association, suggested that decisions regarding the Bay -
lands be postponed until" after the election on the referendum regarding
zoning of Stanford Annexation No. 9, and requested that any action
pertaining; to zoning of the Baylands or any other properties be
deferred until the revision of the General Plan is completed.
It was moved by:2weng, seconded and carried that the
proposal of Utah. Construction & Mining Company for Baylands
development be referred to: Committee No. 1.
Amendmeint to` Taxicab Ordinance . .
The City' Manager submitted .a report concerning
insurance provisions contained:in; Codified Ordinance No.. 5 relative
to operation: of taxicabs,' ambulances, etc., pointing out that the'
ordinance requir:es at.least 30 days ` notice of cancellation to be given
by ins+xraxice companies. He advised that they are willing to agree
to .giving 10'days ''"notice; but object to anything further; that this.
change seeneed"appropriate and he recommended an amendment to.,
the ordinance to this` effect.
A proposed ordinance amending Section 11.26 of Codified
Ordinance No 5, changing the .requirement for notice of cancellation
of insurance frozn30;to 10 days, was introduced and on motion of
Rodgers, duly seconded, was accepted for first reading.
R ulationa for Private Swimming Pools
The City Manager advised that the staff believes it is
appropriate to add a :new` article to Codified Ordinance No. 5 to
regulate private swimming pools, particularly with regard to -fencing
and setback clearance from buildings, and suggested a proposed
ordinance pertaining to the subject be referred to Committee
A proposed ordinance amending Codified Ordinance No.
by adding anew article, Article 31A, thereto regulating private.
swimming pools,was introduced, and on motion was accepted for
firat.reading by unanimous voice vote and referred to Committee
No. .1....
Project: 59 =10. Sanitarg Sewers, Foothills 1V'o.. 2
The City Engineer presented his report on Project 59.10;
consisting of plans and specifications, estimate of cost, diagram
and. as=ses`enent, ,maps and :descriptions, and recommended that
the procedure go forward and hearing be set for July 25, 1960.
Resolution No. 3233 of Preliminary Approval of the
Engineer's Report was introduced, and on motion of Porter, duly
seconded, a, was adopted by unanimous voice vote.
Resolution No. 3234 Appointing. Time and Place of
Hearing Protests in relation to the Proposed Acquisitions and
Improvements, ::and Directing Notice, was introduced, and on motion
of Porter, duly seconded, was adopted by unanimous voice vote.
Said resolution fixes July;, 25, 1960, at 7:30 P.M. as time of hearing,
Resolution No. 3234A, Establishing Prevailing Wage
Scale,Project 59-10, was introduced and on motion of Porter, duly
seconded., was adopted by unanimous voice vote.
Resolution No.. 3235,'. Calling for Sealed Proposals,.:
to be received August 8, 1.960, was introduced, and on motion' of.
Porter,- duly:seconded, was adopted by unanimous voice vote..
,.,Eznbarcadera Road East of. Sayshore
Resolution No. 3236 of Preliminary Determination and
of Intention to order the: improvement of .Exribarcadero Road east
of the Eayshore Highway was introduced and, on motion of Zweng and"
Woodward, was adopted by unanimous voice vote.
Project 60-4, Aarna Street Under rround Electric Utilities
lblEOl�f�l9 191� ��AA
Resolution No. 3237 of Preliminary Determination and
of Intention to order construction of underground electric utilities
onproperty; at Alxna'Street and Palo Alto Avenue, to serve The Pales
Alto apartment project at 101 Alma Street, was introduced. It was
moved, seconded. and carried by, unanimous voice vote tl.at this
resolution=`be adopted:
The Engineer's Report was presented at this time.
Resolution No. 3238 of Preliminary Approval of the
Engineer's Report was introduced, and on xnotion duly seconded,
was adopted by unanimous voice vote.
Resolution No. 3239, :appointing Time and Place of Hear-,
ing Protests in relation to the proposed Improvements, and Directing
Notice, was introduced, and: on motion duly seconded, was adopted
by unanimous voice .vote. Said resolution fixes the hearing for
July' 25-, 1960, at,7:30.P.M.
. •
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by a d„ °4 t was received
eC:
'lqa='yeti T2.ac d g O) o dt o the PXa
, subject t°". °x' portion
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e xe,te h .
xg dedic�ttas d.adj0z Ar�Posed , rfe ai°
} Grant` tc ar 8 pxo street tr> 8 t�,� sn
and ' °i +ear wA a izI Perty xtiX pr tsi a nth_.
x"w
u�c trac�tttoAi.78setre:8;27114:r.„2t
�� hi,° e addztz°�aI ,��
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4) Increasing depth of Lot. 3, .which is.zubstandard,_ :by
moving the center of the turn iaroud as shown on map;
5) Including in the - subdivision; the large lot fronting on
Arastradero Road:on which there is a house -and -garage,
to preclude any future lot split for this portion.:.
:..After review of the subdivision map by the .Planning.
Officer, it was moved by -Rodgers, seconded by Marshall, and
carried that the texitative map be approved in accordance with the
recommendation of the Planning Commission.
A report was submitted by the Planning Commission:
unanimously; recommending approval of the final subdivision, map as.
presented by Charles R. Baer, for Tract. No. 1971, Loma Verde
Estates, being a portion of Lot 78, Wooster Subdivision.
Resolution No.: 3242 approving the final map of Tract
No.. 1971 was introduced, and on motion duly seconded, was adopted
by unanimous voice vote.
Amendment, to Zoning Ordinance
A report was received from the Planning Commission
recommending an amendment to Section 4.25 of the Zoning
Ordinance- to define a family as "one person living alone, ortwo
or more persons related by blood, marriage, or legal adoptipn, or
a group not exceeding four: persons living as a single housekeeping
unit.." The Commission further . recommended that Section 22.05(a)
ofthe general provisions of the Zoning Ordinance be amended to
read as follows
'The, r.enttingrof rooms and/or the providing of table board
for -not more than three (3) "paying guesta in a dwelling
occupied by" a family' consisting of one (1) person living
alone ;or;.two:-(2).`or more persons related by blood,
marriage, - or :legal .adoptijm, provided that a 'family',
consisting of:
Two (,2) unrelated, individuals - may rent rooms
and/or; provide table board for not more than two (2)
paying -"guests in .a; dwelling
Three (3)• unrelated. individuals - may rent rooms
and/or provide table board for not more than one (1)
paying .guest in a.- dwelling
The'Planning Officer reviewed the proposed amendments
arid pointed out" that if adopted the 'number of lodgers or boarders
would be reduced' and; in the case of unrelated individuals, the
number permitted to occupy a dwelling would be reduced from -nine
to four..
'letter was presented from Mr. E. P. Stoltz, 919 .;
University Avenue,; President of the University and Crescent Park
Association, `objecting to lodgers in single family residences.
Mr. Stoltz spoke on the subject, stating that his association .is opposed
to turning._the: district a.nto>a lodging house area. Re suggested stady
of the matter by a`coznmittee
A proposed ordinance amending. Sections 4.25 and 22.05
(a) of the Zoning Ordinance, :as recommended by the Planni ngr
f Commission was introduced, and on motion of Porter, duly
seconded; was accepted for first reading and referred to. Committee
No.. 1. The vote was by majority .voice vote, Marshall voting No,
Arriendment to. Zonin :Ordinance Sec. 11.02
•
A. report, was received from the Planning Commission
unanimously recommending an'`amiendrnent. of the Zoning Ordinance
to add the "following use in the C-2 Districtand the C-2:CFS
Districts"
Sec. _. 11.02(c)(10)
and
Sec 11A.02(c)(7)
"Dry cleaners, provided that the
solvents used in,the cleaningprocess
shall be non-flammable and. non-
explosive and are used in fluid -tight
cleaning units approved by the City
Fire: Marshal."
A :proposed ordinance amending the Zoning Ordinance
in accordance: with :this recommendation was introduced, and on
motion of Mitchell, duly seconded, was accepted for first reading,
and "referred: to Co mn ttee No. 1.
Amendmentto Zonin
Ordinance re Covered Parki
A report _was submitted by the Planning. Commission:
unanimously recorinaending amendment of the following sections of
the Zoning Ordinance to require covered parking in reaidentlal`.
zones: "
Two carspaces for eachdwelling unit,
one of; which shall be covered. parking. : At
least one car space for each four seats. —
R -1 Sec. 6.17 One covered space for each dwelling ....'
R.-2 Sec-. 7. 18 One covered space for each dwelling ...
R -3-G Sec. 8.18 One covered space for each dwelling, ....
. R-3 Set. 8A;:17 One covered space for each dwelling,
R -3-P Sec 8B. 17 One covered space for each dwelling
R-5` Sec'. 8C.18(a) One covered space for each dwelling_.`
A proposed ordinance amending said sections of the
Zoning Ordinance to:require covered parking as recommended by.
the Planning Commission was introduced, and on motion of Navis,
duly seconded, was: accepted for first reacting by majority voice'.
vote and referred to Committee No. I. Marshall voted No.
Zone .Change,University and Webster, Lepera Property
A report was received from the Planning Coirnission
'unanimously 'recommending 'that the Council reconsider its action
in rezoning. the property of D. F. and Elizabeth E.. Leper .:at.568-
678 University Avenue, corner of University and Webster, from R-4
to C-2 (Ordinance No. 1948 adopted June 27, 1960) for the following;
reasons:
. The recommendation for P -C had been made after
careful "nanaideration to: a) control the use of the
property' in a manner which would allow the brokerage
firm of'Merill-Lynch to occupy the property but
would eliminate the, possibility of the building being
used by a number -of small sho{ 3, b) require setback's
on two sides and provide for some off-street parking;;.
and c) limit coverage to 'approximately 72%.
2. There was no discussion. by the Council on the
xeconiznendation of the Commission to zone the
property: to P -C and: there had been zns`ifficient
time, between the Commission and Council meetings
for minutes ;of the Commission meeting: of June: 22,
1960 to be prepared and distributed to the Council
for review.
A motion `was rna:cle by. Marshall that the matter be
reconsidered as requested by the Planning Commission, but the:
motion was loo -t: for lack of a second.
It was .then moved by Byxbee, seconded by Stephens, that
the recommendation of, the Planning' Commission be tabled, and
the motion was'carried by the following vote on roll call:
Ayes: Ball, Byxbee, Davis, Haight, Mitchell, Porter,
Rodgers:, Stephens, Woodward,
Noes: Bishop, Evans, Giffin, Marshall, Navis, Zweng.
Councilman Rodgers noted that the Planning Commission
had spent a great deal of time in studying this matter and he felt
they were somewhat justified in.their feeling that the Council handled
the matterwithout full discussion; however, he suggested it be
stated in the record that the Council recognized the work the
Planning Commission put, into the problem and that Council members
had studied it before taking the action at a previous meeting.
Use rPermit, Grace' Lutheran Church
A report was received from the Variance and Use Permit
Appeals Commuittee recommending that a use permit be granted to
the Grace Lutheran Church to allow the location and construction..
of a churchsanctuary, administration unit and storage room additions
on Lots 26 and 27, Wooster Subdivision, 3149 Waverley Street,
Zone District R-1, subject to the following conditions:
a) Perimeter screen planting as required by Use Permit.
55 -UP -19 dated January 31, 1956 shall be
accomplished with plants of such size and development
as normally could be expected at this point in time
had this planting been planted in February 1956 and
thereafter maintained before the issuance of a building; •
permit;
b) A:landscaping plan; for the balance of the property
shall be submitted for approval to the Zoning
Administrator prior to the issuance of a building
permit.
c,') Planning:, as required by b) above shall be completed
within ninety (90) days of completion of the building
and all'plaz ting thereafter maintained or replaced as
necessary:
d) Provision? for 99 parking spaces. Parking areas to
be surfaced: so as to be dust- and mud -free and graded
and drained so as to protect adjacent residential
properties.
A turning radius of 30 feet shall be provided in. the .
parking lot.
f) A.revis;edparking and driveway layout shall besub-
mitted to the Zoning Administrator for approval prior
to the issuance of a building permit.
g) Exterior lighting if installed shall be designedto
protect adjacent residential properties and pedestrian
and vehicular traffic from glare or excessive "spill";
light. There may be no light source visible from off
the. church property.
Mr. Conrad;Gullixson, representing the Grace Lutheran
Church, told the Council he thought the 90 -day provision in Paragraph
c) applied to a') regarding. perimeter screen planting as well as to
b) landscaping for the balance of the property. He also asked that
the words: "and thereafter maintained before the issuance of'abuild-
ing permit" -be'; deleted -from Paragraph a).
After discussion it was agreed to modify the conditions
a) and c) "accordingly, and it was moved by Bishop, seconded and
carried that the use permit be granted subject to the condition$as
modi£ie.d-.
Var�aance, -Grace Lutheran Church
A report was received from the Variance and Use Peanut
:Appeals Committee recommending that a variance be granted to
the. Grace Luther art Church: to permit construction of a church
sanctuary building with a height of 49. feet and a. spire and cross with'
a height of 81 feet, on Lots 26 and 27, Wooster Subdivision, 3149
Waverley "Street; and further recommending that there be no
illumination of the spire.
Onmotionof Bishop.. and Mitchell, the variance was
granted in accordance with the recomxnendation.of the Appeals
Committee. Byxbee voted No on the znotion.
'U:s`e Permit, :tour sexy=School, Perry
A report was submitted by the Variance and Use Permit
Appeals 'Committee recommending that the Council uphold the decision
of the Zoning Administrator, to grant a use permit to Carlotta "G •
Perry to allow the ::oper.a icn of a nursery school on Lot 21, Block 35,
South Palo Alto, at 627 Tennyson Avenue, in Zone District R-1,
with the following conditions:.
a) The maximum number of children in attendance at any
one tirne shall be ten (10).
b) Children shall be not less than two (2) nor more than.
five (5) years of age.
c).Hours ::.of operation shall be Limited to the hours .of
9:00: A.M. to 4:00 P.M. and only on regular public
school:days .
397
The rear ya.rd shall be completely fenced with a soli
-boardFence six -(6',' feet high.
e) The permit shall not be transferable.
•Councilzzi:an Bishop, Chairman of the Appeals Committee;
moved inbehalf of the committee that the recommendation be
adopted and the use permit' be granted with the conditions as
recommended.. In -making the motion, Mr. Bishop stated that it:
was not a unanimous .decision' in the cornsnittee;also that later several
anter:este4 persons called hizn:to say that they felt they had not. had.
sufficient opportunity to speak at the h.earing. The motion to grant
the permit was seconded' by Zweng.
At this time th.e Mayor gave people in the audience: `an_
opportunity to speak if any wished to do so, asking that each side
limit its discussion to: five Minutes.
Mrs. Muriel Nye: Gagen, owner of adjoining property,
addressed the Cotaici;l,' pointing:out that a petition opposing the use:
permit. had' been filed by fifteen families in the neighborhood:and
that other protests had been presented; that the property owners -and
residents in the area felt that nursery schools should. be Iocated:-an,
neighborhoods where people do not protest such activities..
Mr. Kenneth Johnson, attorney ;representing the appellants', also
spoke in protest to the granting of the permit, stating that the
homes in;tne area are occupied by older people who prefer a quiet
neighborhood and:felt that a. nursery schoolwas not suitable in` that
location.
Attention was called to three letters filed todayby the
applicant, Mrs. Carlotta Perry,. from Jennie McLachlan, 884 Boyce
A.venue; Mrs.: T. W. Von Hacht, 898 Boyce Avenue; and Mrs. James -
Isaacson, 133 e-ys�on Avenue; all of whom live next door to
nurserysc ' rr
hoois: and stated that they did not find the,'n to be
excessively noisy and "that there had been no depreciation; of.'
property values because'of the operation of a nursery school in
these areas.
A motion vas made by Stephens and seconded that the
matter be tabled. The; City Attorney advised that such motion was
out of order as an. appeal 'procedure had been established and people:
are ertitled to, have action taken. The motion was withdrawn.
The motion to grant the use permit in accordance with
the conditions as recommended by the Appeals Committee was then
discussed.. Councilman Rodgers, :;n ,speaking against the motion.,
advised that he had visited the neighborhood and felt it was not a
suitable area .for the purpose of operating a nursery school.
A roll call was requested, and the vote was as Follows:
Ayes: Davis, Giffin, Marshall, Zweng,
Noes: Ball, .Bishop, ' Byxbee, Evans, Haight, Mitchell,.
Navis, Porter; 'Rodgers, Stephens, Woodward,
The motion was declared lost.
A motion was then made by Evans that the application for
the use permit be denied. The motion was seconded and carried: by
the following vote on roll call,:
Ayes: Ball, Bishop, Byxbee, Evans, Haight, Mitchell;;
Navis, Porter, Rodgers, Stephens, Woodward,
Noes: Davis, Giffin, Marshall, Zweng.
Councilman Bishop moved that the Planning Conunission
be requested toreview all uses :permitted in R-1 districts undera
use permit, but the ;motion was lost for lack of a second.
Variance 'Ste lien Moore, 461 Nevada Avenue
A report was received frorxx the Variance and Use Perur.it
Appeals Committeeforwarding to the Council without recommendation.
the appeal of Stephen G. Moore froxn the decision of the Zoning
Administrator to deny a variance to permit the construction of a second
story addition with a sideyard setback of 6 feet, 9 inches where the
Zoning Ordinance requires 9 feet, on Lot 9, Block 3, Seale Sub
division No. 7, at 461 Nevada Avenue, in Zone District 1.-1, It -
was explained that two motions` in the committee, one to uphold the
decision of the. Zoning Administrator, and theotherto overrule :his
decision and recommend the granting of the variance, resulted in
tie votes, 4-4.
Thevariance application was reviewed briefly by the
Zoning Administrator. Mrs. Moore presented drawings of the
proposed improvement and spoke in support of the application.
After discussion, it was moved by Zweng, seconded by
Stephens, and carried by unanimous voice vote that the decision of
the Zoning Administrator be overruled and the variance be granted
as requested.
_Aepptals= Procedure
A report was received from the Variance and Use Permit
Appeals Committee requesting- the Council to ask Committee No. 3
to review_ the Appeals Committee procedure, particularly in relation
to schedule of hearings and; fee schedules for appeals.
Councilman. Bishop,.. chairman of the Variance and Use
Permit Appeals Committee, commented that it seemed to the.
committee that the procedure has "bogged down}" and that there has
been a heavy work load since the committee was formed in January;
that it, was felt it might be advisable to schedule fewer meetings
during the year;; also it was the feeling of the committee that the
fee of $10.00• for filing: an appeal is not sufficient to cover the cost`
of the paper work, advertising, etc. which is required.
It was moved by Bishop, seconded and carried that the
matter be referred to Committee No. 3 for review.
.Project 52-131, Condemnation Suit for
Acquisition of Simpson,Motors Pro rty
ea
A report was received from Committee No. 2 advising
that it has considered the proposal to eliminate the property
occupied by Simpson' Motors from Parking Project 52-13 and to
dismiss; the condemnation suit for ,acquisition of this property.
The committee recommended that the property not be eliminated
from the district and that the condemnation suit be continued.:
Councilman Evans ;reported that the committee was not
unanimous in its deci.si.sonbut.-that a:,maJ.ority felt that the basic
need for parking still exists and there was a moral obligation on the
part of the Council to continue the program.
Councilman Mitchell stated that there is a question as
to whether additional parking in the area is needed and that action
should be deferred until xtie ascertained whether or not the
property owners along the proposed mall approve the plan. He
moved that the question be deferred until the 'first meeting, in.
September, but therewas no second to the motion.
It was;rnoved by Evans and seconded that the recornmenda-
tion of Committee No. 2 be adopted and that the suit be continued.
Mr. Finley Gibbs, owner of property on the northerly
corner of University Avenue and. High Street, told the Council: he
has waited for several years for the establishment of the parking
lot in the block; at the rear of his property; that he ,plans to build
a new building on his property but can not determine what kind of
building to construct untilhe.knows what the parking facilities will
be.
After further discussion by council members the motion
to proceed with the condemnation suit was carried by the following
vote on roll call:
Ayes: Ball, Bishop, Davis, Evans, Giffin, Haight, Navin,
Stephens, Zweng.
Noes: Byxbee, Marshall, Mitchell, Porter, Rodgers,: Woodward..
County Expr es sway:System
A report was received from Committee No, 3 recommend-
ing that the Council endorse the report of the Santa Clara County
Trafficways Committee, proposed for submission to the Board"of
Supervisors, regard'regarding financing and construction of a County
Expressway: System.
On motion of Navis and Mitchell, the recommendation
was adopted and the Council's representative on the County Traffic -
ways Committee was instructed to advise the committee that the
Council' has endorsed the report.
Salary : Program
A report was submitted by Committee No. 3 recommends
ing a) that the. salary rangesof classified and administrative.
personnel, exclusive of Council appointed officers, be increased:
5 per cent as r-ecoinmended,by the City Manager; b) that the
salaries of Council -appointed officers for the 1960-61 fiscal year
be set as follows City Assessor, $830.00 per month; City Clerk,
$840.00 per month; City Controller, $950.00 per month; City
Attorney, $1,225.00 per month; and City Manager, $25,000 per yeas,
It was moved by Navis, seconded and carried by majority
voice vote. that: the salaries and the increase : in, salary ranges ,be
2. .
adopted as . recornMended; by Coinniittee No. 3, and that Resolution
No 3243 adopting a:',Compensation: Plan for the City of • Palo Alto be
adopted
A report was received from Committee No. 3 recontznend-
ing that the rates for. Domestic Electric Service 'and General Water .;
Service be increased a_ s recomxnended in the proposed budget, to be
effective with the July bi11%ng. .It'was. explained that the proposed
increase in water rates is -14 per cent, and the increase in tlie;,
residential -electric rate ;is 10 per cent..
A motion was made by Navis, seconded by Mitchell, . that
the rates as recommended, : Schedule E-1 and S chedu1e s W-1 and W -1-
e` adopted;, effective with the "July billing.
.ring the ensuing discussion, Councilman Evans suggested.
that other ways to obtain additional revenue be considered, such as
increasing the real property tax or by a combination of increased
property tax and Utility rates. He suggested the matter be referred
back to committee for ,further study.
The : City Manager advised that it was the recommendation
of the staff in preparing the budget that the .domestic electric, rate
and the general water rate be increased. He pointed out that the
domestic electric rate was reduced. in 1937 and the proposed_.
increase would bring the rate up to the 1957 rate. He noted that
utility costs are, increasing and for this reason it was felt that a rate
increase is in order:
The motion to adopt the new rates was carried by
majority voice vote.
A report was received: fxorn •Cdxnrnittee No. 3 recoxnmend=
ing that the .budget .for 1960.-61' by adopted, subject to: changes
required after receipt- and`_. approval of the Hospital final budget,
revision of'Accaunt. Number :118.and review of the Charraber of
Commerce budget.
Mr. Linn:Winterbotharn, Secretary -Manager of the
Palo Alto Chamber of Coznanerce, addressed the Council briefly
on their budget request for_ expenditures from the Publicity lFund,
totalisg'$12, 205 It was pointed out that new items in the publicity
budget include the cost ofprinting and distributing new maps ,of the
areas -newly, annexed to Palo Alto; and of the Foothills Park, and
cost of :::printing "The Scary of Palo Alto" historical booklet.. It was
Moved by Haightt,`.. seconded by Stephens, and carried by voice vote
that the publicity findbudget be approved as submitted by the Chamber
of: Cornmerce
Councilman Navis, Chairman of Committee No. 3,
reported that Account. 118, the budget of the City Attorney's office,
has been revised for inclusion in the proposed 1960-61 budget.
It was. znoved.by. Navis, seconded and carried that a
public hearing be held on the proposed budget on July 25, 1960.
Zone Change and De relo 1ment Plan (Park Royal Associates)
Ordinance No. 1956, amending the Zone Map toprovide
for the rezoning: of Tract 407, Amarillo Village Subdivision, from
R-1 to,P-C, and approving the P -C Development Plan and Schedule,
was given 'second reading, and on motion duly seconded, was adopted.
by unanimous :voice vote.
Zone Change 339 Emerson Street
Ordinance No. 1957, amending the Zone Map to provide
for rezoning Lots 32, 33 and 34, Block 14, at 339 Emerson Street,
from C 3;S to C-3, was given second reading, and on motion of
Marshall,: dulyseconded, was adopted by unanimous voice vote.
Amendment to. Adrniiisstrative Code (Section. 412)
Ordinance No. 1958 amending Section 412 of the Adxninis -
trative Codeauthorizing the Controller: to make refunds of over-
payments and erroneous payments, was given second reading,' and
on motion: duly seconded, was adopted by unanimous voice vote.
Trampoline Center Regulations
Ordinance No. 1959 regulating the installation, construc-
tion and operation of Trampoline Centers, was given second reading,
and on ;motion of Rodgers, duly seconded, was adopted by unanimous;
voice vote.
Refundof Overpayment of Asses.ement
A request was received from the Controller for permission
to refund overpayment of Street Improvement Assessment No. 12,
Project. 59-9, in: the amount ; of $900.00, paid by Sidney R. Brannaman,.
Parcel No. 11: It was moved by Byxbee, seconded and carried by
unanimous voicevote;. that the Controller be authorized to refund
this overpayment of assessment.
report was received from the Tax Collector submitting
Tax Deed covering portion of Lot 12, Block 118, Crescent Park,.
a parcel of 5 x 50 feet, upon which City of Palo Alto taxes have been!
delinquent since 1954-55.
resolution accepting this Tax Deed was introduced,
and orYxnotion:of Rodgers,' duly' seconded. .was adopted by unanimous
voice vote.
The ';monthly -report of the Planning Officer on action
taken --in June on applications for redivision of lots. and the monthly
-report; of the- Zoning :Administrator on action taken in June on
applications 'for :Variances and use permits,` were received and filed.
Jo Aco.
ttorn
John R ��cat ..
��� ion
pleasure of the submitting, r received
his resignation,
from City
the
not working rules de Council. �� �� at$�a,p effective
Attorney'
that f is' given,' . eligibility for ty Attorneyadvisedess ca at
Y 9b�. y event he, /didet hot exer is pect
vacation nie a as a �i
t�ect to be her t be illative -; calendar rya
the rea; ' it was wove � beyond S°Ist beitiiaibivatt`
on I4 clays'
c acre d by Woodward, '
notice pted a
be effective
or no later ctiveconded carried that
apprec. 4n Motion an Fte bex Z. g i krpa t
a�ot� i'or.. °� �va��, pleasure
the City Attorney's vices aresolution
e o p `
services was ado txoo..of
Go There tieing Ptcd
Council, he zeeeti g o further business Deer to
cd adjourned at 10:30 fore the