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City Hall, Palo Alto, California,'.
June 11, 1951.
The Council of -the City of Palo Alto met in regular
session on this: date at 7:30 P.M. with Vice Mayor Mitchell
presiding. Roll call as follows:-
Present: Blois, Bolander, Bowden, Mrs. Bower, Cashel, Cathcart,
Drysdale, Freedman, Hill, Linder, Miller, Mitchell,
Montrouil, Wickett.
Absent: Gaspar.
The minutes of the meeting of May 28, 1951, were
approved.
Project X49-10, Amarillo Avenue et al
Resolution No. 2115 of Preliminary Determination and
of Intention to make changes and modifications, Project 49-10,
was read, and on motion of Blois and Montrouil, was adopted by`
unanimous vote on roll call. This resolution provides for a
hearing on the =proposed modifications to be held on June 25, 1951,
at 7:30 P.M.
All other matters in connection with Project 4+9-10'
were continued to June 25, 1951, at 7:30 P.M.
Project 51-1, Third Street et al
A report was received from -Committee No. 1 recommending
that Second Street between Sheridan Avenue and Page Mill Road
be deleted from Project -5l -l.
On, motion of: Montrouil and Cathcart, the recommendation
was adopted on roll call, with 13 Ayes, Freedman not voting on the
motion.
At this time a letter from Donald B. Stolp protesting
the proposed alley between College Avenue and Cambridge Avenu
and objecting to the. -estimated award for property to be acquired
for the alley was submitted: There was also presented a written;
;protest from Mrs. Sidney M. Cuthbertson against the opening of
the alley.
A report was received fromCommittee No. 1 recommending
that all protests on Project 51-1 be overruled.
Mr. Lorenz Costello,who appeared at the hearing held
;on Project 51-1 at the last meeting spoke again at this time'
on behalf of his clients, objecting to the widening of Third 'Street.
On motion of Hill and Montrouil, Resolution No. 2116
overruling protests on Project 51-1 was adopted on roll call,
with 12 Ayes, Bolander.not voting on the motion. Councilman
;Freedman was absent during this roll calla
Resolution No. 2117, ordering acquisitions and reserving
;jurisdiction to;order improvements and confirm assessment, was
read, and'on motion of Montrouil and Hill, was adopted by
unanimous vote on roil call of all couneil me'bers present.
Resolution No. 2118, deteranining that public interest
and necessity require the acquisition of easements for streets
and the taking of immediate possession thereof, and directing the
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filing of eminent domain proceedings, was read, and on rnoticn
of Montrouil and Hill, was adopted by unanimous vote on roll
call of all council members present.
Resolution No. 2119; establishing prevailing wage
scale, was read, and on motion of Montrouil.andHill, was
adopted on roll call by unanimous.vote of all council members
present.
Resolution No. 2120, calling for sealed proposals,
on Project 51-1, the bids to be opened by the City Manager at
2:00 P.M. on July 6, 1951, and submitted to the Council on
July 9, 1951, was read, and on motion of Blois and Bowden, was
adopted on roll call by unanimous vote of all council members
present.
Mr. Fr?;edman was absent`during.the roll calls on
the above resolutions but returned at this time and was present
for the rest of the_ meeting.
Project 51-5, San Antonio Annex Sewers
Resolution No. 2121 of preliminary determination and of
intention to make changes and modifications, Project 51-5, was
read, and on motion of Montrouil and Bolander, was adopted on
roll call, with 13 Ayes, Freedman not voting on the motion.
This resolution provides for a hearing on the modifications to
be held on June 25, 1951, at 7:30 P.M.
Resolution No. 2122 ordering acquisitions and improve-
ments and confirming assessment was, read, and on motion of Hill
and Cathcart, was adopted by unanimous vote on roll call.
Resolution No. 2123, determining that public interest
and necessity require the acquisition of easements for streets
and the taking of immediate possession thereof, and directing
the filing of eminent domain proceedings, was read, and on motion
of Hill and Cathcart, was adopted by unanimous vote on roll call.
A reportzwas received at this time from the City Manager
relative to the bids received on:June 8, 1951, on Project 51-5,
with the recommendation that the bid of the Edwin J. Tobin Company:
in the amount of $179,101y35 be accepted and that the contract
be awarded"to said company.
On motion of Hill and Bowden, Resolution No. 2124
awarding the contract on Project 51.5 to the Edwin J. Tobin
Company in accordance with their bid was adopted by unanimous
vote on roll call.
Project •7-5, Loma Verde Avenue et al
This was thetime for a hearing on amended assessment
of Assessment No. 60, Project 47-5 The hearing was declared
open.' There being no one who wished to speak on the matter, the
hearing was closed.
Resolution No. 2125, confirming amended assessment, was
read, and on motion of Blois and Freedman, was adopted by
unanimous vote on roll call.
Project 50-5, Emiiarcadero Road et al
A request was received from Leo F. Piazza Paving Company
for extension of time.of ninety days in which to complete work
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under Project 50-5, Embarcadero Road, et al. A report .was
received from Committee No. 1 recommending that an extension of
time on this contract. be granted for forty-nine days, to
July 31, 1951, in accordance with recommendation of the City
Engineer.
On motion of Hill and Freedman, the recommendation of
Committee No. 1 was adopted.
Project 48-92 California Avenue Alleys
A report was received from Committee No. 1 recommending
that the -request to pay award under Project 48-9 to C. B. Hensley,
owner of;Parcel 43, prior to completion of alterations of his
building, as recommended by Kirkbride, Wilson, Herzfeld & Wallace,
be denied.
On motion of Hill and Cathcart, the recommendation of
Committee No. 1 was accepted.
Annexation of Greer Property on Newell Road
This was the time for a hearing on the proposed
annexation of the Greer property on Newell Road, part of Lot 1,
Greer Partition. The hearing was declared open. There being
no one present who wished to speak on the matter, the hearing
was closed.
Ordinance No. 1347, approving the annexation of
the Greer property, part of Lot 1, Greer Partition, was read,
and on motion of Freedman and Bowden, was adopted by unanimous
vote on roll call.
Annexatior of Barron:Park
A letter was received from twenty residents -of Barron
Park requesting permission to circulate a petition for the
annexation of this area to the City of Palo Alto.
This was referred to Committees No. 1 annNo. 5 and
the Planning Commission.
Letters from Percy Gibbs on Fishing
Two letters were received from Percy Gibbs concerning
the program of Fishin' for Kids" and requesting permission to
plant fish as suggested by the. California Fish and Game
Commission in the ponds of the old channel of San Francisquito._
Creek and in the duck pond at the Yacht Harbor. These letters
were referred to the City Manager and Committee No. 3.
Electric Distribution Lines.
A report was received from the City Manager recommending
that the work of constructing certain distribution lines under
Project 51-8 be awarded to the Electric Division of the City of
Palo Alto at its estimate of $119,656.25. He advised that
there were no bidders on the project at the time set for opening
bids on May 11, 1951.
On motion of Montrouil and Bolander, the recommendation
was accepted by unanimous vote on roll call and the work
awarded to the City in accordance. with its estimate.
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Utility Easement
The City Manager submitted a grant. of easement for utility
purposes from James A. Seeba and Norma V. Seeba covering a -
portion of Lot 7, Block 29, Stanford University Villa Tract,
on Dios Road.,near South Court, with the recommendation that it
be accepted.`
On motion of Freedman and Hill, a resolution accepting
this easement was adopted by unanimous vote on roll call.
Transfer from Water Fund
A report was received from the ,City Manager concerning
the need for an emergency appropriation inorder to proceed
with installation of the altitude valve for the distribution.
reservoir. He advised that the purchase was authorized last
August and all the materials have finally been acquired to make
the Installation. It was his recommendation.that a transfer'of
$3200.00 be madefrom the:unappropriated balance of the Water
Fund to Account 2344 for this purpose.
On motion of Bowden and Montrouil this transfer of
funds was authorized by unanimous vote on roll call.
Gas Rate Increase
A report was made by the City Manager concerning the
proposed gas rate increase as requested by the Pacific Gas,&
Electric Company. He advised that last year the company-
petitioned the Public Utilities Commission for an increase in
gas rates of approximately 271 per cent, and that the Public
Utilities Commission granted an interim rate increase of 111
per cent effective February 18, 1951. It was his recommendation
that the Council go on record as opposing the 271 per cent
increase and that a representative of the City be authorized to
appear before the Public Utilities Commission at the rate hearings
and present the City's protest.
On motion of Blois and Freedman, the, Council went on
record as opposing the gas rate increase requested by the
Pacific Gas & Electric Company and authorized the City Manager
to pr,.esent the case for -the City.
Bids on Materials
A report was submitted by the City Manager on bids
received on June 1, 1951, on 70,000 feet of 3/4" and 50,000
feet of 2" black steel pipe. Two bids were received, and
letters were received from five companies advising they were
unable to bid at this time. The City Manager recommended.that the
bid of Crane Company in the amount of $35,149.00 be accepted.
On motion of Hill and Bowden, the recommendation was adopted and
the bid accepted by unanimous vote on roll call..
The City Manager submitted a report on bids received
on April 6, 1951, on 1700 -.3/k" gas service regulators, with
the recommendation that the bid of the Universal Controls
Corporation in the amount of $9,350.00 be accepted.
He also reported on bids for copper wire received on
June 1, 1951, with the recommendation that the bid of Line
Material Company be accepted in the amount of $10,692.08.
A report was also made by the City Manager on bids
received on .June 1, 1951, on transformers. Six bids were
received, four.of which were identical as to the total amount,
$13,402.52. It was recommended that certain items be accepted;
because of their delivery'.dates, from Westinghouse Electric
Corporation, General Electric Company, and Line Material Company,
the total for all items amounting to $13,402.52.
The City Manager reported that bids were called on
June 1, 1951, for full treated Douglas Fir poles, and that
letters were received fromsix companies advising they were
unable to bid at=this time. He therefore recommended that he
be permitted to buy poles on the open .narket.
On motion of,Montrouil and Hill, and by unanimous vote
on roll call, the recommendations of the City Manager relative
tothe bids on regulators, copper wire, transformers and poles
were adopted.
`'`Transfer, May' Fete
A:report was received from Committee No. 4 recommending
that a transfer of $135.67 be made from Account 106-98 to
Account 822-49b to take care of additional expense for the May
fete. , On motion of Freedman and Montrouil, the recommendation
was adopted and the transfer authorized by unanimous vote on roll
call.
Design Control Plan, Block 13, Stanford City
A report was received from.Committee No. 1 recommending
approval of the plans submitted by John Krysiak for buildings
on Lots 19 andV20, Block 13, atanford City, under the.provisions
of Article -20--"D" Design Control District Regulations, of the
Zoning Ordinance.
On motion of Montrouil and Freedman, the recommendation
of Committee No.,1 was adopted and the plans approved.
Minimum Curb Grade Elevation
A report was received from Committee No. 1 advising
that it has considered the recommendation of the Planning
Commission that any proposed subdivision within the city limits
be required to have a minimum curb grade elevation of six feet
above mean sea level-, The committee reported that after
discussing the problem with the City Engineer it believas that it
is not advisable to take any overall action but that each tract
should be considered on its own merits.
On motion of Hill and Freedman, the report of
Committee No. 1 was accepted.
Rezoning of Middlefield Business District, C -2-"S"
A report was submitted by Committee No. l recommending
approval of the recormaendation cf the Planning Commission for
adoption of an ordinance changing the Middlefield business
district from Zone C-1 to Zone C-2, adding the suffix, 1!S", and
including the foi1owing provisions: front setback line of 20 feet,
rear yard of 15 feet, and height limitation of two stories, not
to exceed 25 feet.
On motion 'of Hill and Blois, a proposed ordinance
amending the Zoning Ordinance to provide for this rezoning in
accordance with the recommendation was accepted for first reading.
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Tree Ordinance
A report was received from Committee No. 1 recommending
that a proposed ordinance regulating the planting, maintenance and
removal of trees and shrubs in streets, parks and public places,
be accepted for first reading. This ordinance, which adopts
a new Article 32Bl of Codified Ordinance No. 5, was accepted for
first reading.
Amendment to Building Code (Awnings)
A report was received from Committee No. 1 recommending
that a proposed ordinance amending the Building Code by adding-
Section 1601 (e) relative to awnings and hoods on private
property be accepted for first reading. This proposed ordinance
was given first reading.
Variance Application, Mrs. Nones-
A report was received from the Planning Commission
recommending that the application of Mrs. L. W. Nones, 1800 Univer-
sity Avenue, for a variance of the Zoning Ordinance to permit the
installation of an additional kitchen over the garage, be denied.
The Commission advised that it feels that the request does not
meet any of the conditions of Section 24.02(a) of the Zoning.
Ordinance under which it could be granted.
Committee No. 1 recommended that the application for
this variance permit be approved.
A motion was made by Montrouil, seconded by Hill, that.
the recommendation of Committee No. 1 be adopted. Mr. Montrouil
explained that Committee. No. 1 could see no reason why the
permit should not be granted, as the lot is large and it was felt
-that neighboring property would not be injured.
Councilman Bowden stated that he was present at the
meeting of the Planning Commission when a hearing was held on the
matter and a number of people protested the granting of the
application, the principal reason for the protests being that the
quarters might be rented. Councilman Hill pointed out that
Committee No. 1. realized here were protests, but some of the
protestants were not in the immediate area; and that Mr. and Mrs.
Nones have no, intention of renting the quarters which are for the
use; of servants. Hr. Hill suggested that the City Attorney consider
a change in the ordinance to allow such quarters for servants
without requiring a special permit. Councilman Blois advised
that he understood there had been a kitchenette in the quarters
previously and the owner wishes to put it back in. He stated
that he had viewed the property and did not see how it could
hurt the neighboring residents.
The motion to adopt the recommendation of Committee No. 1
and grant the permit was then adopted by the following vote on
roll call:
Ayes: Blois, Bolander, Bower, Cathcart, Drysdale,
Freedman, Hill, Linder, Miller, Mitchell,
Montrouil, Wickett.
Noes: Bowden, Cashel.
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Variance Application, Mrs. Allen
A report was received from the Planning Commission
recommending that the application of Mrs. Addle M.'.Allen for a
variance of the Zoning Ordinance on portion of Lot 4, Block 28,
Stanford City, be approved. The request was for a change of
setback line on the 104.29 feet of frontage of this lot facing
South.Court, at the corner of South,Court and Colorado Avenues
from 16.feet-to 11 feet. The Commission advised that it felt
it would cause a hardship to deny the request, and under the
proposed arrangement the house would have better placement on
the lot.
Committee No. I concurred with the Planning Commission
in recommending that the application, of Mrs. Allen be approved
and that the setback line be changed'.
On Motion of Montrouil and Hill, the recommendation
was adopted and a'proposed ordinance changing the setback line
as recommended was accepted:for first reading.
Variance Application, Mr. Laning
A report was received from the Planning Commission
recommending that the application of Paul C. Laning for a
variance of the Zoning Ordinance to permit the construction of
temporary living quarters out of a former milk house on
property on San Antonio Road near Middlefield Road be denied.
The Commission reported that it felt that not su,ficient reason
for a variance had been.given and that a temporary use can.not
be granted under a variance.:
Committee
Planning Commission
On`mction
was adopted and the
Rsubdivisions
No. 1 concurred in the recommendation of the
that Mr. Laning's application be denied.
of Montrouil and Hill, the recommendation
application denied.
A report was received from the Planning Commission
recommending approval of the following tentative maps for resub-
division of certain lots, subject to the recommendations of
the City Engineer as set forth in Engineering bulletins submitted:
(5)
Subdivision of four lots at 451, 465, 479 and
495 Loma Verde Avenue, as submitted by Lacey & White
Resubdivision of Lots 21 to 25 inclusive, Block 18,
Stanford City, as submitted by E. M.-Berendsen.
esubdivision of lot at 3131 Cowper Street, as
submitted by Lacey & White.
Resubdivision of Lots 9, 10 and 11, Block 12,
Stanford City, as submitted by E. J. Leep.
In connection with the resubdivision of these lots,
the Planning Commission recommended adoption of an
ordinance changing the setback line on Lot 9
facing on -E1 Dorado Avenue to 20 feet, and
changing the setback line on portions of Lots 9;
10 and 11, facing Emerson Street, to 16 feet.
Resubdivision of portions of Lots 64 and 66,
Wooster Subdivision, as submitted by Whitmire
& Clements..
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(6) Resubdivision of portion of Lot 23, Block 3,
Seale Subdivision N�. 5, as submitted by Mr. and
Mrs. Fred H. Glanville.
(7) Resubdivision of portion of Lot 5, Block 2,
Hawxhurst Subdivision, as submitted by L. J. Runt.
(8) Resubdivision of Lots 6, 9 and 10, and part of"
Lots 8 and 12, Block ll, Seale Addition No. 2,'
as submitted by Mrs. Frank J. Frost.
Committee.No. 1 recommended approval of these resub-
divisions in accordance with the recommendations of the Planning
Commission.
On motion of Cathcart and Montrouil, the recommendation
was adopted and the resubdivisions approved.
A proposed ordinance changing setback lines on Lots
9, 10 and 11, Block 12, Stanford City, as recommended in Item (4)
above, was accepted for first reading.
Amended Tentative Map of Sterling Gardens, Unit No. 1
A report was received from the Planning Commission
recommending approval of the amended tentative map of Sterling
Gardens, Unit No. 1, as submitted Miry 31, 1951, upon the following.
conditions:
(a) That all lcts have a minimum of 6000 square feet
and that the number of.lots in the subdivision be
not increased.
(b) That; the westerly easement in Block 4 be quit--
claimea by the Pacific Gas & Electric Company to
the owner.
(c) That Lot 8, Block 4, ?oe re -designed to make an
adequate building site.'
(d) That a minimum curb grade of five feet be observed4
with improz~ement of the existing cross canal.
connecting Matadero Canal and Dry Creek by deepening
to an elevation of -2..0 feet mean sea level, and
erecting a dyke on both sides of the canal to a
minimum elevation of 9 feet.
(e) That the improvement plans be in accordance with
the requirements of the Subdivision Ordinance.
(f) That a dedication of public utility easements,
together with neeessary anchor easements, be made
on rear lot lines.
=(g) That the Palo Alto Board of Education approve the
site. and terms of theschool site adjacent to the
tract.
(h) That the Commission's recommendation of approval
of this tract does not include any recommendation on
the area marked "A" or any parts that are marked
for commercial development.
Committee No. 1 concurred with the Planning Commission
in. recommending approval of theamer;ded'-tentative map of Sterling
Gardens, Unit No. 1, upon the -conditions as outlined by the
Planning Commission. =
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A motion was made by`Blois, seconded by Freedman, that
the recommendation of the Planting Commission and Committee No. 1
be adopted.
Mr. Robert E. Hackley addressed the Council, stating
that he thought it was.a mistake to accept a subdivision on such
low ground.
The City Manager requested that the City Attorney be:
asked to give an opinion as to what hold the City has on the,
subdivider to construct the dyke. The Deputy City Attorney
called attention to the requirement in the subdivision ordinance
for the subdivider to furnish a.bond to assure the compl^lion
of improvements: He stated that he could not say at thi4 time
whether or not such improvements could include the proposed dyke
as the question had not come up before this, but he would look
into the matter and ascertain whether or not the bond is sufficient
or if it would be necessary to make an amendment to the subdivision
ordinance.
After discussion,: the motion to adopt the recommendation
of the Planning Commission and Committee No. 1 and approve the
amended tentative map of Sterling Gardens, Unit No. 1, upon the
conditions as set forth, was carried by the following-vote_,on
roll call:
Ayes: Blois, Bolander, Bower, Cashel, Cathcart, Drysdale,
Freedran, Hill, Miller, Mitchell, Montrouil, Wickett
Noes: Linder.
Not Voting: Bowden.
Permanent Zoning of San Antonio Annexation Area
A report was received from the Planning Commission
recommending approval of the permanent zoning of the area within
the San Antonio Annexation District as submitted by the Planning
Officer and shown by an overlay on the existing Zone Map. This
,was referred to Committee No. 1.
Setback Line Map
A.report;was also received from the Planning Commission
!recommending that the old setback line map be re-enacted, and
4, that where no.set ek lines are shown that they shall be in
'1:accordance with they ,rsing Ordinance. This was referred to
Committee No. 1.
1 The Council was informed that Committee No. 1 wishes to
'meet with the Planning Officer on this matter and on the preceding
item.
Change of Setback Lines
Ordinance No. 1348 changing setback lines on Lots u and 5,
iBlock 59, Seale Addition No.;2, and on Lot 11, Block C, Southgate,
;was given second reading, and on motion of Montrouil,and Blois,
was adopted by unanimous vote on roll call.
Report of Controller
The monthly report of the Controller was received and
'placed on file.
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i'.aves to Council Members
Councilman Hill requested permission to leave the,
State from June 13 to July:2, 1951; Councilman Linder requested
leave from June 20 to June 30, 1951, and Councilman Mitchell
requested leave from June 23 to June 28, 1951.
On motion of Blois and Wickett, these requests were
granted.-
--Proposal of Barrett &Hilp.for Development of
Site at Newell Road and Embarcadero Road
A letter 'was received from Barrett & Hilp Development
Company suggesting that a portion of their tract at Newell Road
and Embarcadero Road be -zoned as a shopping area, and that, if
the City so desires, a portion of it be used as a City Hall
site. They offered to limit'the size of the shopping area
to approximately five acres, with a maximum of 35,000 square -feet
of store space, which would leave ample space for parking and
for the planting of trees and shrubbery.
The letter stated that if_the City does not wish the
remaining six acres for a City Hall;,site, they request the entire!
area be zoned for whopping.
The letter further =stated that if the entire plan is
accepted, they offer the City its choice of location on the
entire area at a priceOf$5,000.00'ann acre. They further
offered to erects. City Hall for the City for cost plus ten
per cent, taking -competitive bids for all sub -contracts, and
sell the building and land to the City on a lease purchase
agreement, the rent to apply upon the purchase price, the City
to make a substantial down pa,{ment and pay k% interest on the
unpaid balance,with the privilege of paying the entire balance
due at any time.
It was moved by Miller that the letter be tabled.
He stated he was' not in favor of any proposal which had any
conditions attached to it.
A motion was made by Blois, seconded by Wickett, that
the letter be referred to Committee No. 5 and the Planning
Commission.
There was considerable discussion, in which it was
pointed out that there are two questions involved, the location
of a City Hall site and the question of rezoning, and it was
the opinion of several members of the Council that the two
questions should be considered separately:.
The City Manager advised that he and the mayor had.
carried out the Councils instructions to confer with Barrett &
Hilp and see if they had a proposal to offer',; that they had
talked tc, Mr..' Barrett who said his.;company would take the matter
under consideration and that the letter read this evening was
their answer. Th, City Manager further reported that
Mr. Barrett has stated that he was presenting a request to the
Planning Commission at.their next meeting for the rezoning
of the property as commercial.
The motion to refer the letter to Committee No. 5 and
the Planning Commission was carried, with the request that
they report back to the Council as early as feasible.
ATTEST:
On motion Qa Blois, the Council ad;
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PP'OVED:
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Vice Mayor