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HomeMy WebLinkAbout12091957City Hall, Palo Alto, California December 9, 1957 The'Council of the City,of'Palo Alto met in regular, session on this date at 7:30 P, M:, with Mayor Porter presiding. Roll tali as follows appr'ov'ed.. Bishop,;Byxbee, Corcoran, Cresap, Davis, Evans,, Giffin; Marshall, Mitchell, Porter, Rodgers;- Ruppenthal, Stephens; Woodward. The Minutes' -Of t'he' meeting or November 25, 1957, were Project -5T-1 _ bian Way, et al This was the time,and place for a. public hearing on Resolu tion ;No : `293,2 "of - Prelimi•nsry Determination and of Intention to make changes aid ''modifie its-ons .: A ' notice=`of the hearing was published es required by law. The City Clerk reported that no written pro- tests, have bean receivedThe hea•:rirg was declared oven . There being nc one, pre sent who wished -to speck on the matter, the hearing was closed. Resoluti:an Na' 2.938 ordering changes :and modifications was i,.ntrodueed, and on motion of' Bishop and Giffin, was adopted by., unanimous-vote'on, ro13;ca :, (Councilman .Mavis-; came; at this time, 7:40 P.N. and' was ,pres;ent f-or;1"•the"rest Of the meetings. Abandonment Portions of -Streets Mayview Homesites This- wa;s..the time and place for a hearing on Resolution No:. 2928 -of Intention to abandon portions of public streets in Tract. 1.9•,-Mayview =Hoirdey:i_tes, being a, portion. of Grove Avenue and, a portion of, Lot 1k previously deeded to the City for street pur- poses. A letter; was received from Murray W. Rich, 3832 Grove, 'Avenue, calling attention to`:.the. dedication of portions of Lots 11 to 17 in ].953 a; ;f "for uture roadway, and asking for the return of a portion .of Lot: 17 to him if the City has no intention of using':. this strip fox a street:.'' An affidavit of publicationof the notice of this hearing was 'filed -for the record. ` :A report was made by the Planning Officer who submitted a.: map .showing the property involved.. He advised that the abandon- ment ..of the : portion ` of` Grove Avenue is no problem, as this is being • done to' conform :to she new, alignmert of the street. He explained, .that:portions of ; Lots. 11 to - ],7. were deeded to the City several years ago ::when .it Was planned to have a.. cul de-saac at the rear of these lots,• since then, Adobe Creek has been relocated and the cul-de-sac could trot be used unl_ ess, a bridge is constructed over the creek. The Planning :O_fflcer advised _that, in his opinion the portion of " Lot -14 should not.; be abandoned unless the entire cul-de-sac is abandoned. He:pointed' out that. there has been some division of lots in the northerly'poxtior of the block which might make it difficult to extend a street through to Mayview Avenue. The hearing was declared open. There being no one present wha wished'to speak on the matter,..the hearing was closed. It was moved,by Byxbee,-seconded and carried that the • portion of Grove Avenue be abandoned_, but that the portions of Lat 1 and Lot 17:be :not:abandonedand,that the Planning Depart went'be" requested to -review the entire block and report on the. possibility of deve1oping better. ingress:.and egress .to ,the area, : giving consideratiOn: to,; the extension of the dedicated strip-- t Mayview. Avenue`: ,Resolution No 293,9.ordering theabandonment of.portion:,' of .public ::street {Grove `Avenue} in; Tr et 1.9,. Ma.yview: Homesites, .wail { introducedand;"pas.s;ed by< unanimous vote; on' roll call: C»ricsll _tion of Taxes oo State Property A ,letter ,vas received from the', State Division of Highways; •`•requesting canc`elle.tion of taxes om'prope;rty a:cquired:by the State, for Highway purposes., being a`; parcel conta:'ining•.0.017 of a:n RC -1 :• conveyed by the -City of Palo -Alto to the'State, designated -Deed No . 20933,:., _ 'It::was: moved`by Byxbee, seconded and carried that the.: taxes on said:property be cancelled and that the property be 'moved from the assessment -.rolls. >Caneellation-;o.f Taxes- on Church. Property A•communicat.ion was received from the First Baptist T Church' requesting cancellation of taxes or' the property at; 2185= Bryant:. Street owned .by :the Church and used for Sunday ,School. pur- poses, stating they thought the exemption filed in April, 1957, covered a11':=the ehurr•h, property. A report was received from the City Aasea or adv'ising::. that the description :of the property acquired by the -Baptist Church at 2185 _Bryant Street was omitted on the exemption form; -filed by the; church;' however; a;s the `property is used exclusively for religious purposes,.'he rec:onrn2ended' the matter be considered a clerical -error and ghat -all the church property be exempted and that Tax: Bi17: No. 5329`be cancelled. It was moved by Byxbee, seconded and carried that the { recommendation-o.f the .Assessor be adopted and that Tax Bill No. S3291 covering theChurch property at 2185 Bryant Street be cancelled. - ParkingLRestrictions at 3163 Middlefield Road A lettEr was received from Freeman A. Ingelson, owner and! operator .of. Freeman's Market, 3163 Middlefield Road, referring to (, Declaration of Restrictions affecting property required.for=off- street parking. executed by,.Pietro Buttitta, owner of -the property, in June`, 1953, reserving; "a., 30 -.foot parking strip in the .rear of the I market. Mr. IngelsoY; requested that,- inasmuch as he has -acquired additional property on the north side of the building; for a parking -- area, the 30 -foot reserved s trip be reduced to 20 feet which would 1 be sufficient area.in..whi-ch to place refrigeration compressors and to`provide.gin accessway along the rear of the store for:l:oading purposes At the suggestion of the City Manager, it'was moved by Rodgers, seconded: and carried that this matter be referred to the :Planning Department for study -and report. San Antonio: Road= Crossing Gates The City- MMzager called attention to the fact that the City of :Palo, Alto' is: ,sharing: in the cost of the installation :of crossing gates :at the San• Antonio Road crossing; that no funds were budgeted. for the City'•s.' share of the project which amounts.to .$2,464,46, and that .a 'transfer of funds is necessary. : O.n .motion of.:Nav1s- and Marshall., and by `unanimous_:vote on roll call, a',transfer was authorized from the Special Projects Fund to..Accocnt 132F in:the amount of $2»464,1+8, to pay the City's share of the cost of crossing -gates at San Antonia :Road :' rsy*ve ye , ".w, _: fY^; wr .,.x Y'U'14v`.1 ��.,,". •J,"i:b?:Y'r+:yf� �rh.r[•}'. v\ � dip Zncity-wide $ CO was slxh they trepntract w mhtted cost �°� �a:t�c � � �study � � � � ��C C �� ee No, 2 contract withx was med $8000.':00 :. ,Qp �p?� pce with t© 4 s, yct°m �n fern owed' �i De .Le� , rather &: e City submitteder conduct th ed d -:-a execute ' Cs then, o, $eco the e rSexo-1Ceshe ,,�pecia2, o e t ed t Marshall - way eat City t:t to co' e f3 Op that dy b �t The s fund $ Q0 fc the uncle s'ned The City the po, hte unt z3�C t t� rs, ::a fiend tha;�pAroxz��ek 1;7'$8,40000, s auto out that •'�Y;�o�;. vote q ten thy$ uflzrn w& 040 pp� �n the h n ttQx' str tact, on roll c� s zd #one the mtiAS not. re�nd he wanted2tau t e on rol the ti40 tai auto carded ceiling. I t�. �d ,q to. p�umb�r� ho�'��'ed to bs1 un�'n�rncus ( :Section,'ap ox e rt ,Was de Sn the can_ l drains; 702 702 - �` '°�.o .e ei 'ed r f Sao,. 1 o co. the ,�u cd ° n orn :Com�ait J ttsly a t d ect `sn & �8 C' ce mend tee N. 2 ' secs t� on . err rin :the wording to ing Subsection pre -•- I nd x l n c 3 � 3 rd n$ o traps � ' of recommending r� ur7animo S' ote :- ` n on 17? Mme g57. the amendment z oor ' Zone CI, �,. '°. aZ on • of BYxb a mbg prey. �; �o.1C na ,av,; bode s i the r � 'pro ton �s was adopted to , zon posed o' Avg pled :-by , ii, . Adflhe prop r"d1n �2o'enc Creek si� R. to pce 06664;461it a '1'S ,: .. c. ,tsamending omw gas �s.s c n /T-$ a;e zone, ;p � = . Co 1444' ,,l'4 �pprov � �� �.or��eo�s � �o� ty lAg�4 u��e mm ;t tee None? for Yacbee o th 700n n �e; r Leo a Et. �d rSe iaLl:,17 .":„.g. eon�,�desskedtn. �hsngeg. .The that h Mr gran rsthan att S app='�c ' • � mrnIt e° ee;�Z �e CrI� 'rat . . �th the o r`be Iiefe ; N consi nep': Pdr di vision rred to 7,:.:p0:.4.t"y::cil:v4:!tt::::;::.a:h : t dg�� ', the s �are�ble' ,.ct � t:: ct t this t e4.1csnts z'o guyr n he e caner l`n .d eke some ndn°t0 �o� �?�o;�t� ar s2��p � t d�''c z aAme�,� e to Weirt2370:3;•-::- )1 � d: Zved� he p sn n accevs : been executed but Atha 'e' Ong: �� �mme„�Q� Sth��t �� su , nt to ,�� �� ed and �� ,� Con-�:��d; J eA x eat hl�s tgi,�t, Chi par. e� hmlt`t d m�. a Real ' - 1 the ant bux hod. •fie' $;greet-, is spPro ms�a, ,�, �. 13 gt n8 It PQ t ''t p t :IP4 b 74. e :7X7:01: bra C at,, ux+store dtthe 5d, be re�rAr�ant itser arxs espec Y n der hisa hjgQr tr�cyTe e � o `be sn se er tlo ger ad sed .the, dea 13 than:- .,._ rnen - a .�s access pry-w.te t$ er.eA t e nt .p�, ?�d be s lot split ass to t h , . Arcs a ".brad. 'die 81ven as ra ft the he area no pert toms 1n:providing steel -street, to whether an a most it- SeaSemeetd c �xt t.414:.,,t-40 °v id1 ng fir a pointing the s that 'o Duxes s is jn. Artier, Ing' b discussed -this S e yrut i access xo`'d bnd Ica sere `� .,hsa� preferably ' that on` Mo ge .o'v mentioned, eet n ;sv�,. Y � dedicated Via. end pe parlha d e xo,e eel, � Z Mr Grist d cz�ted st e 1 --- ..x ect,. sn ek to. acing sever t. streett ct c� cat Aossibl rough the, Av�tla W�I�Cjt.�eC F , ,¢ roext e fir, Way, • 947 „ „. Real.. Mx Crist.a id.he thought his clients would prefer to have a dedicatedstreet rather.than.a 50 -foot easement to El Camino. He urged that action be taken on -the zoning, and that the street patte and lot division be considered later after plans have been developed 'After more discussion, it was moved by Cresap, seconded by Rodgers:,, that the recommendation _ of the Planning Commission for the: rezoning of;.the property -:'be approved and theordinance amending the Zone .:Map'.acc'ordingly be adopted The vote on roll- call was as follows ._. Ayes: Cresap, ::Evans, 'W'oodward . :Noes:: _ .Bishop, `Byxbee, Navis,' Rzppent Mitchell, Porter, Rodgers, Stephens, Corcoran, Davis, Giffin,:. hat. The ordinance was -declared lost. was then moved, by Bishop, seconded by Mrs:. and carried that,: :the matter be reconsidered. Cn.moti.on of Navisand Marshall, the matter was ref to Committee No. 1. for consideration. Lot'Divi-sior.- (Hardy) At its last,.meeting the Council had postponed':;action on a report.. from. the. Planning` Commission_ advising that it hag 'econ- sidered the sppli,cat;ion submitted by Paul Hardy for ,a diviejon of. P portion ,Of : Rancho.; Rincon : de San Francisquito, on E1. - Camino- Wray: north of James Avenue 'known as x+129 El Camino Warr'. The :Commi sion recommended that the:application be denied and that the ,30 -foot.: strip, remain as a. part, of the rear parcel until such time ,as the,, proposed'street, Valmonte' Way, adjoining the 50 -foot access right- of-way, 'is improved and becomes a dedicated street. A representative' of Mr. Hardy was present andadvised that Mr. Hardy isprepzred to enter into an agreement with the City whereby he .agrees' that he will never relinquish or cancel his rights tc'the 50 -foot access easement in consideration of grant by: the City of the. lot splitto enable him to sell the 30 -foot parcel facing El Camino Way.. It was :moved by. Rodgers, seconded by Nevis, `tha,t the application .be granted and that the Mayor be authorized to sign the agreement 'i.n -behalf of the City. The City Manager,call.ed.attention to the recommendation of the Planning Commission for denial of the application,.: pointing out that-th&easement referred to is not owned by Mr.: Hardy; that it'is a-publ,i,c utilities easement and if a street is ever constructed there, it -would require the lowering of a high pressure gas main at an estiiaated expense-.; of $k,000.00. The Council was informed that the rear parcel owned by`Mr.. Hardy could eccor.Yrnodate about twenty apartments, and: that a::.street or proper access to serve the area should be taken into considez _tion. Mr.._:.Hardy's representative advised that Nr. Hardy would be willing topay for his share of improving a 50 -foot street. After more:.discuss:.on, it was moved by Ruppenthal,, seconded by Mrs.. Corcoran, that the matter be referred to. Committee No, 1 for- thorough study. The motion was carried by the :following vote on roll.`eall: Ayes: Bishop, Byxhee, Corcoran, Davis, Giffin, Marshall,-- - Navis,,P.orter, Ruppenthal, Stephens, Woodward. - Noes: Crews, Evans, Mitchell, Rodgers. Interest of Public'0fficers in Contracts layor Porter read the. following statement and. asked that it be entered in the, record' of :this -meeting: • three �3, �r►�r'ex p�t'�e ec��11einto an -flab' Alt .e cam, G° nerectprop�nt r of ,The J� �Yllent tr. N ofthe: paSinny' ASO pert gnat e1��theQ o pa., c pot t. Rm ote,d. inte Codeest in re ,� r, con k��,ti =of pRg � gem ment ore riffs°d n �? n9 `1 u of the move sc�o9ed �,e f o�' in.tY�se cOn~-rr i i652 n exert'rtilee*ef ore'snte eetC ern�'ert :Sr $ucn` is emote. tree phis ten.ftra 0 3 s. defin ve n�9`,ao 36` 26of nas mare pry °r mere rode rd test Yom. in cctS d Co0npAny eastrie ore cun e,..1rea°1.aye ... s , ett�eonempl`'yedby e7.e�ted tom f r�Y.trsct threeaeve b+ r.to.,y besnx Of theDodd Y cif theemp�°ye��� ye�r€s p��`�� s�tr�r► rlose' � ecnd a,emen d �'e" wee the letter I own � t [ha esved d bat ... geed Ab t he r s�elr8 arlRnd ted the p.�ote �t "��$ ex'e e $ Garland D i.veA he awns that thxe an - CS�:; Att"o� � lat :wY�sc�t e propo�ct ��e 10t "�ha r B. LS8 i y s had' do rota rood spraying ` pro o f Verret �� � �' the men Drive sbc r. t' ��' . -fie .cancelled. a y�� :1;1111 �, Q: h� thefxom rgeof � tY�t►reuea;�s°nn��ed; �,ts��ted et tc t'�n� 4 X►Ce j nve therQd� d ° gent d M x ox of p �� , that he e or, dv�.s rt �° the �e � 1 The � view of � he/ a�'�'ied. by unanimous � �e� mous matter;that lly sprAY ca Gelled' ce ,ded end charge be cancelled.. c y u Bill N 6fi�14' be �y Cr s9p seconded meat No. Bill Iy w m that this weed Control District, Deed 'whereby �� 07.3 csl r fat s Claim C� t SA :tA are x dust to the cnd j � t4 .�.ppe D� Z' r� � not were__.. t � � �s. chcxs�eke Att° ,game the Conservation A,�t°�'eY ��� certain gerv�,ts° ute the doe • Tre Alto quitclaims and We authorized t d end a 1 City nito�c ter. ° o exec �1�har�-�'" f ?alo Control s �utrar lm deed is°n of City County 'Flood he �yo� be �, gust claim or motion cell. Clara the � approving intr° unanimous vote °'� recommended A re�olut}the lAa'�ar` 'red by un uticn d *as d p saved �yXbee: °rtr by unanimous nc refer by adopted by �,.r,S its exec seconded, vote.. duly sec Controller, � t n��°�'s' ded r. d ttOn;: Of d cr"�-ed eyments be Aer�.c�n -�,"--s a ► el t al, 'Gal palm 1: �'° the $e5 71., , Upan x'ec by guppen duplicate : l -7 a • 140981 seconded fa7: Bill No • 13555. $25 Tax 'Bill N X111 call, that the t. of Talc. tet' mend Branch. roll �r�t� fsrst .�.?� South �a7.o � !; First - Company; America', you Trust of the Ban .U. pe,�ox' Mater . , The aeon. r *AS received and :Gantt°l1e n monthly ex' onaction .,l�,rirint� Officer , crrx the sn. Node' t• of the, lot dsvlf's trod "rake received and \ monthly o c monthly plic tions forAdministrator a were The :an applications Adminis ril u permits, o N0� t en�nr�p bet or : November the Zoning -report ° applications' for variances t f slog * ?.t4• this time, 9:1.0 s ct c�7' took ll 25 ?.14.) r�x �,oxte ��� d (The: Council fit ' y tha3 , dh;l ,ve ?'" reconvened.. ed cs roc• Davis ee yw ' `' Wken the � t,C ,e1 p se ' e � �. �x°Voma o .,m des ec V yes: rcoran y Rma the �"e rep bra ° .. chc� r.• a Alto �og O�n ndsri tc°'� the ��.t i� gee �.��'�'�MM;,.,...---�-"� axt etc reee'v� � y� �.�- -- �;.�'Y17Y'fSl•••:!j;:: (�.1^I;"Y �V'� �^: ^'Y.'J1�4'.'hf,�'W{\ that the case of :City of Palo Alto vs. Emma, in connection with the acquisition of a; lot on. Sherman Avenue, Project 55-5 be settled for the.sum of $16,600.00, such settlement to include possession rent ;free until , March .31., 1958, with n suitable guaarantee ' in the amount of $1,000.00 that: possession w.11 be delivered on that date. It;wa.8. moved by Evans, seconded rind carried that the .recommendation be -adopted -and the case be settled on said basis. Themeeting wasdeclared adjourned :t 11:45 P.M. APPROVED: y(. c�-�� /�-� Mayor