Loading...
HomeMy WebLinkAbout012819576 . 1 City Hall, Palo Alto, California January 28, 1957 The Council of the City of Palo Alto net in regular ses- aion on this date at 7:30 P.I., with Mayor Porter presiding. Roll call as follows: Present: Bishop,:Byxbee, Cresap, Cummings, Davis,` Drysdale, Giffin, Mitchell, Nevis, Pcrter, Rodgers. Absent: Corcoran, Marshall, Ruppenthal, Simpson. proved. The minutes of.the meeting of January 14, 1957, were ap- Cancellation of Taxes on State Property • Communications were received from the State of California requesting that taxes on certain properties acquired for State High- way purposes be cancelled and that these properties be removed from the assessment roll: The properties involved include portion of Lots 12, 14 and 15, Block 6, Subdivision No. 5 of the Seale Tract; and Lot 2, Tract 524,,AngeIa Terrace. On motion of Mitchell and Byxbee, and by unanimous vote oz� roll call, the taxes on these properties were cancelled and it. was II -directed that said properties be removed from the assessment roll. (Cduncilmen Marshall and Simpson came at this time, 7:40 P.M., and Councilwoman Corcoran came at 7:45 P.M.) ,Amendment to Building Code :(Interior Wall and 'Ceiling Finish) The City Manager reported that, pursuant to instructions from Council Committee No. 1, the staff has reviewed the problem of fire losses in homes with interior finish of plywood or similar ma- terial. He made a report on the major fire losses in Palo Alto be- tween June, 1953, and January, 1957. The City Manager advised that he had appointed a committee) of professionals to consider the problem. He reported on the dis- cussions held by this committee and -on tests made of various materi- als. Pictures showing fire damage and the results of tests were ex- hibited. The. City Manager stated that the committee feels it has sufficient -.evidence at. this .time on which to make basic recommenda- tions to the Council,`and that it is their intention to continue with additional tests and a,further study of the problem. The City Manager and the specialcommittee recommended that proposed amend- ments be made to Chapter 42•of the Palo Alto Building Code (Sec. '4201 and Table No. 42-B) to'require all interior wall and ceiling finish materials to meet a minimum flame spread standard, such mate- rials to have a flame spread rati::g of not more than 250. A motion was made by Cummings, seconded by Davis, that an ordinance providing for these amendments to the Building Code be ac- cepted for ,Firstreading and referred to a. committee for:further discussion, so that interested parties may review the facts and rec- • ommendations in detail. During the discussion of the motion, the City Manager stated that the State Fire Marsbal, a member of the special commit- tee, had recommended a flame spread limitation or 200 instead of 25 A motion was made by Davis for an amendment of the previ- oua motion to provide for a rating of 200 instead of 250. ' Tn the ,ensuing.discussion, it was. agreed that it would be desirable to fol- low the 'committee's recommendation at this time, that a change 68 could be:made at the time of final reading`of:the ordinance`or at a later date if additional information shows that further limitation is advisable. The amendment was then withdrawn. The motion to accept the proposed ordinance for first reading•and refer it to committee was -then carried. Bids on Seale Canal Bridge, project 56-15 A report was made by the City Manager on bids received on January 25, 1957, for the construction of a bridge over the Seale Canal at Greer Road,, with the recommendation that the bid of Don Gordon in the amount of $14,039.00 be accepted. On motion of Byxbee and Mitchell, the recommendation for acceptance of Mr. Gordon's. bid was adopted and the Mayor was;author ized to.execute the contract for this work. Dressing Rooms in Rinconada Park The City Manager recommended that the firm of Stedman and Williams, architects, be selected to design new dressing room facile ities at the swimming pool in Rinconada Park. On motion of Drysdale: and Byxbee, the recommendation was adopted and the City Manager was authorized to sign the contract for this work. Amendment to Schedule E-1, Domestic Electric Service • A report,was received:from the Committee of the Whole rec- ommending a reduction of 10 per cent in the residential electric rates. A motion -was made. by Marshall, seconded by Bishop, that the recommendation be adopted. Councilman Giffin moved to amend the motion by granting a 20% reduction in the residential electric rates instead of 10%. The Mayor and other Council members pointed_out-that it was understood any further reduction in utility rates would be deferred until the Capital Improvement Program Committee has•completed its study. There was no second to the amendment. The motf.on to adopt the recommendation of the Committee of the Whole and to amend Schedule E-1 for Domestic Electric Service, to be effective with the March, 1957, billing date, was carried by a voice vote, Giffin voting No. Project 52.13, Issuaqce of Bonds A report was received:from Committee No. 2 recommending that the issuance of bonds in the amount of $900,000.00 for the ac- quisition of parking lots in' Project 52-13 be authorized. A motion was made by Ccxm ings, seconded by Mitchell, that the recommendation be adopted. Councilmen Cummings pointed out that the tax on properties in -the district might be as much as $1.40 per $100.00 of assessed valuation to pay off the bonds, in addition to the use' of a portion of the ,parking meter revenue. Councilwoman Corcoran asked the City Attorney to review the procedure•invohved- in:consolidating Districts 52-13 and 52-14 so the tax could,.be equalized.: Th4 City Attorney'explained that it would be possible to oolObine the districts by modifying Project 52- 14 to include the present 52-13 district; thia. would necessitate the adoption of a resolution of intention to modify the district and holding a hearing'a month later at which objections would be heard; that it would require 12 votes of the Council to make the modifi:ca.- tion.and would mean at least a month's delay after adoption of the resolution of intention. A motion was made by Mrs. Corcoran to amend the previous motion to provide that the bonds be issued after the two districts are consolidated.' The amendment was secondecUby lMarshall. 69 There was considerable discussion as to the advisability of attempting to consolidate the districts at this time, in view of the delay in the proceedings and the effect such action might have on the bonds already issued in District 52-14. Councilman Cummings advised that, as Chairman of Committe No.: 2, he would be glad to call a meeting to which he would invite property owners in both districts to attend and express their views on combining the districts. The City Attorney advised that the adoption of the motion to authorize the issuance of the bonds would give the staff authors zation to prepare an ordinance for the issuance of the bonds and the sale of whatever portion of the bonds is determined to be need- ed at firstk that the districts could not be consolidated after the ordinance is adopted and call for sale of any of the bonds has been made. The amendment was withdrawn with the understanding that Committee No. 2 will meet with property owners in both districts and consider the possibility of combining the districts. The motion to .adopt the recommendation of Committee No. 2 for the issuance" of bonds in the amount of $900,000.00 for the, ac- quialr on of parking lots in Project 52-13 was then carried. (The Council took a recessat this time 9:00 P.M., and reconvened at 9:15 P.M.) (Mayor Porter left at this time and was ab- sent for the rest of the meeting. Vice Mayor Marshall took the chair.) Acquisition of Property, Bryant and Lytton A report was received from Committee No. 2`advising that it has considered a motion to recommend to the Council the adoption. of a resolution determining that the., public convenience and necessi ty require the acquisition of property on the easterly corner of Bryant Street;and"Lytton Avenue, by eminent domain, for off-street park.ng.purposes. The committee reported that of the nine council members present at the meeting, five voted for the motion and four were opposed. A motion was made by Mitchell, seconded by Byxbee, that the resolution as recommended by the committee be adopted. After discussion, the:vote on roll call was as follows: Ayes: Byxbee, Corcoran, Davis, Mitchell, Rodgers, Simpson. Noes: Bishop., Cresap, Cummings, Drysdale, Giffin; Marshall, Nevis. The motion was declared lost. Variance (Mooneyham) . 1 A report was received from the Planning Commission recom-1 mending that the denial by. the Acting Zoning Administrator of appli cation of J. D.; and Margaret Mooneyham for variance to allow the conversion of an existing duplex at 521 Addison Avenue to.a 3 -unit apartment building be upheld.. .The -Commission advised. that the rec- ommendation was passed by a_vote of four to two. There vas considerable discussion in which it was brought out that the aize:.of to structure ia..not to be changed, and that -Mr. Mooneyham.had beer told by a member o.f,the Building Department' staff_before'-he purchased the property that he could have three apartments' -in the building. ' On motion of:Mitchell and.Byxbee, the variance applica- • 70 Lion was granted. Zone Change Application (Kimura) A report was received from the Planning Commission recom-' mending denial' of -the application of Nathan S. and Yuriko Kimura for change_ of district: from R-:1 to R-3 of the 5.456 acre parcel located at the southeast, corner of.'Wsat Meadow: Drive and the Southern Pacif- is Railroad. The Commission advised that it felt apartment zoning would be detrimental to the single family area to the north and south, and that adjacent vacant area should 1 -;'also given considers- tion. Mr. Milton Burnham; representing the Palo Alto Development Association and the applicant, asked that the matter be referred back to the Planning Commission for consideration of R -3-G zoning instead of R-3 as previously requested. Mr. Burnham stated that the builder plans -buildings-of not more than two stories in height. A motion was made by Mitchell, seconded by Mrs. Corcoran, that the question be referred back to the Planning Commission. Mr. Joseph Ehrlich, 4225 Francisco'Way, and another prop- erty owner in the vicinity, spoke of the objections raised by prop- erty owners in the zone -of -interest because of their opposition: to apartment zoning, -adjacent to an R-1 district and to the city park to be developed in that area. The motion to refer the matter back to the Planning Com- mission was lost. On motion of Drysdale and Cresap, the Council approved the action of the Planning Commission for denial of the application for R-3 zoning. Change in Setback Map A report was submitted by the Planning Commission recom- mending that setbacks be changed along both sides of University Ave- nue as follows: 24 feet from the southwesterly boundary of the R -1- R District to Fulton Street, 30 feet from Fulton to Seneca, and ko feet to the city limits at San'Francisquito Creek. A proposed ordinance amending the Setback Map in accord- ance with the recommendation was accepted tor first reading. Lot Division (Jones, 1101 Fife Avenue) A report was received from the Planning Commission recom- mending approval of the lot division application of 0ctavia Jones to divide property at 1101 Fife Avenue, as revised, subject to provid- ing proper access easement to the rear parcel, to payment or segre- gation of the bond assessments, and to furnishing evidence of pay- ment of 1955-56 county taxes. On motion of Rodgers and Byxbee, this lot division was ap- proved according to the recommendation of the Planning Commission. Lot Division (Shallenberjeri 1450 University Avenue) A report was submitted by the Planning Commission recom- mending approval of the lot division application of. John B. Shalllen- berger to divide a portion of Lot 17, Block 120, Crescent Park No. 1, at 1450 University Avenue:. The Commission advised that, even though this is a poor lot designs it does not seem to offer the pos- sibility 'of an exceptionally undesirable situation''. The Commission recommended approval subject to furnishing evidence of payment of 1956-57 city and .county taxes and to granting five-foot public util- ities easements, 'also on condition thatthe rear portion of the lot be made a part of the adjoining lot and not a legal building lot. After discussion, on motion of Cresap and Giffin, the lot • division was approved in accordance with.the recommendation of the Planning Commission. Zone Change (R-1 to P -C), Alma and East Meadow, The Planning Commission recommended approval of the re- vised'plan, providing parking on a ratio of one space peri200 of -.floor area, submitted.in connection with application of Louis A. if Taylor and -Archie Snider for -a change of district frog R-1 to P -C, on -Alma. Street between -.East Meadow Drive and "Shoppers World"- (Lots - 8 -114, Block 5, Tract 800) with the --following provision:1That-it be accompanied by the required easement agreement from Lucky Stores, and by a construetiofl schedule stipulating completion of the total :-project within 10 months after date of issuance of the building por- --mit. A motion was made -by Mitchell, seconded by Drysdale, that the report of the Planning Commission be adopted:and that the ordi- nance providing for the rezoning- of this property from R-1 to P -C b adopted. The ordinance (Ordinance No. 1730) was given second'read- ing at this time. The matter was discussed and on motion of Mitchell and Nevis, the condition regarding the construction schedule was changed to read that the total project shall be completed -within 18 months from the date of the adoption of the ordinance. Ordinance No. 1730 amending the Zone Map, to change the zoning of the property in question from R-1 to P -C, was then adopted by the following vote on roll call: Ayes: Corcoran, Cresap, Drysdale, Giffin, Mitchell, Navin, Rodgers, Simpson. Noes: Byxbee, Cummings, Davis, Marshall. (Bishop was absent during the roll call.) Traffic Plan (Arterials and Parking Regulations) As instructed by.the Council at its last meeting, a reso- lution was presented amending Resolution -No. 2788 regulating_parkin4 and use of certain streets. The resolution contains the following provisions: 1. It designates the following streets as one-way arteri- als: Charming from Alma to Guinda, for eastbound traffic. Homer from Alma to Guinda, for westbound traffic. High Street from Hawthorne to Channing, for southbound traffic. - Byron Street from Palo Alto Avenue to Lytton Avenue, for southbound traffic. 2. It designates the following streets as arterials:: - Guinda from Lytton to Charming. - Waverley from Lytton to Embarcadero Road. Channing from Guinda to Newell Road. 3. The resolution also prohibits parking on Middlefield Road from San Prancisquito Creek to Channing; on Waver ley Street for half block north and south of University Avenue; and on University Avenue from the Circle to High` Street. - - Councilman Cummings asked that the arterialization of Wa- verley Street:be.-oattted-from consideration at this time, so that a hearing could be held�on this smatter by Committee -No. 2 as request- ed .by~ a number of residents on Waverley Street. - 9 Mr: Joseph Mixer, representing the'Palo Alto Tranefer and Storage Company which is located at the corner of High Street and. Homer Avenue, spoke to the Council: concerning the problem of loading and unloading their trucks it High Street is made a:one-way street for southbound traffic. Mr. -Mixer advised that his -firm has no ob- jection to making High. Street:.a one-way arterial provided the trans .fer company can have permission to park their trucks in the normal position at the curb:on Nigh Street.: There was considerable discus- eion on this point, and it was.the general feeling that some arrange! - went could be worked out whereby:the transfer company -trucks could park on High:Street and make a U-turn into the southbound traffic. Attention was called to the,:provision in the proposed res of tion prohibiting parking on Middlefield Road.from San Prancisqui to Creek to Channing Avenue, and it was pointed: out by the City►.,Man ager and City Attorney that this. was inconsistent with regulations recently adopted:prohibiting:parking on portions-of:Middlefield Road for certain hours during the day. They reported that the.signs for this restricted parking have just,:been..installed, and recommended that the portion of the resolution relating to -parking on Middle- field Road be deleted. A motion was:made by.Mitchell, seconded by Byxbee, that Resolution No. 2804 amending Resolution No.:2788 regulating parking and thf useof certain streets be. adopted, with the deletion of the designation of'Waverley Street as an arterial and the reference to parking on Middlefield Road. Councilman Drysdale moved to amend the motion to delete High Street as a one-way arterial. The amendment was seconded_by Cummings, but was lost by a voice vote. Resolution No: 2804 with the deletions as noted was then adopted by the following vote on roll call: Ayes: Byxbee, Corcoran, Cresap, Davis, Giffin, Marshall, Mitchell, Navis, Rodgers. Noes: Bishop, Cummings, Drysdale. (Simpson had left at 10:25 P.M. during the dis- cussion on,this item and was'absent for the rest of the meeting.) Cancellation of Taxes on City Propertx Resolution No. 2805, cancelling taxes on certain property acquired by the City from Duca & Hanley for. public use (Grant Deed No. 323, Assessment No.:6307-E), `was introduced, and on motion of Mitchell and Bishop; was adopted by unanimous vote on roll call. Ordinance removing "S" Zone from Project 55-5 The City Attorney advised that some time ago the "S"_Zone requirements in the California Avenue district, Project 55-5, were removed=by a resolution of the ;Council; that a suit has.been filed by a property :owner in, this connection, and that to eliminate any technical abjection, the Citrr• Attorney:.recommended the adoption of an ordinance removing the "3 Zone from Project 55-5. On motion of Byxbee and Mitchell, the proposed ordinance was accepted for first reading. Claim for Damages (Millermon) A report was received from the City Attorney on the claim filed by Mr. Edward A. Millernon in the sum of $10,000.00 for damag- es'sustained when he twisted his foot or a storm sewer drain at the' corner of Raaona Street'and Dniversity.Avenue. The Citi7 Attorney advised that he had investigated -the matter with the assistance of - the Street and Police Departments, and in his opinion there was no 17. • defective condition at, the locution of the accident and therefore there was no liability on the part of the City. On motion of Byxbee and Mitchell, the report of the City Attorney was acee!ted and the claim denied. C ls,ims for Damages (Boren) A report was made by the City Attorney on the claims file by James L. Boren and Dale Ernest Boren, each in the sum of $1,000, 000, for damages resulting from the death of Phyllis Boren in the Palo:Alto Hospital on November. 13, 1956. The City Attorney advised that he had investigated the,matter with the assistance of the rector of the Palo Alto Hospital, and in his opinion there is no li.1 ability on the part of the City. On motion of Byxbee and Mitchell, the report of the City Attorney was accepted and the claims were denied. There being no further business to come before the Coup- cil, the meeting was adjourned at 10:35 P.M. APPROVED: