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HomeMy WebLinkAbout07091951City Hall, Palo Alto, California, July 9, 1951. The Council of the City of Palo Alto :net 'in regular session on this date at 7:30 P.M. Roll call as follows: Present: Bishop, Blois, Bowden, Cashel, Cathcart, Drysdale;, Gaspar, Hill, Marshall, Miller, Mitchell, Montro;il, Simpson, Wickett. Absent: Mrs. Bower. - approved. The minutes of the meeting of June 25, 195'1, were Election of Mayor and Vice Mayor The Council proceeded to ballot for the election of a mayor •for the fiscal;year 1951-1952. Councilmen Cashel and Montro-uil were appointed tellers. The first ballot resulted in 7 votes for J. P. Mitchell and_7 votes for Walter S. Gaspar. On the second ballot Mitchell. received 8 votes and Gaspar 6 votes. Dr. Mitchell having received a majority of the votes of the Council was declared elected Mayor for 1951-52, and took the cha.ir. He thanked the Council for their expression of confidence in electing him to the position. The ballot for election of a vice mayor resulted In votes for Gaspar, 4 Y.*otes for Cathcart. 1 vote for -Bowden and, 1 vote for Wickett. Col. Gaspar having received a majority of the votes of the Council was declared elected Vice Mayor for 195a-52. At this time Mayor Mitchell welcomed the new council members, Stanley Bishop, James G. Marshall and Clifford H. `;impsc>n. Pro,lect#9-10, Amarillo Avenue et al This was the time for a hearing on Resolution ion ,:o. 20°9 of Intention to make acquisitions and improvements, Project, No. 49-10, Amarillo Avenue et al. T' e hearin ° was declared open. A number of interested property owners addressed the Council includinc Mrs. Larry Hall, 930 Amarillo Avenue; Allen Bruce, 2146 Louis Road; Fired W. Kruse, Jr., 2770 Ross Poad William D. Richards, 1074 Amarillo Avenue: Mrs. M. E. Wilcox, Diss Road and Waverley Street; Bruce Perkins, 879 Colorado Avenue: Wells Goodenough; Gordon B. Wiley, 2343 Louis Road; Mrs. Cl'.fford Morgan, 871 Colorado Avenue; Mrs. William Graham, 875 Colorado Avenue: Char7es Lamb, 1050 Amarillo Avenue; Richard Lipton, 1064 Amarillo -Avenue; Harold P. Wise, ,^56 Amarillo Avenue: Mrs. Cary Stacey, 817 Colorado Avenue: Mm. Richard B. Neal, 1026 Amarillo Avenue, and others. Most of thus° who spoke were in favor of the project, but a number of them objected to the increase in the estimated assessments. It was pointed out that the cost of labor and materials has increased since the project was considered a year or so ago. Questions in regard: to the proposed improvement,. parsnent for damages, and other points in connection with the proceedings were answered by the City Engineer and City Attorney. The hearing was then declared closed. 1 V) N Reference was made by the attorney to the adoption of a resolution at a. previous meeting to provide for a change in the proceedings by adding storm sewers on Diss Road. He advised that it is now necessary to increase the area over which the cost of the storm sewers will be spread, making a further modification in the proceedings. Resolution No. 2130 of.preliminary determination and.. of intention toxiake further 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 to be held on the proposed modification on July 23, 1951, at 7:30 P.M. Resolution No. 2131, overruling protests on the resolu- tion of intention, Project 49-10, was read, and on motion of Hill and Montrouil, was adopted by unanimous vote on roll call. On motion of Montrouil and Hill, Resolution No. 2132 ordering acquisitions;and reserving jurisdiction to order improvements and confirm assessment was adopted by unanimous vote on roll call. On motion of Hill and Montrouil, Resolution No. 2133, determining that public interest and necessity require the acquisi- tion.of easements for streets and the taking of immediate'possession thereof,=and directing the filing of eminent domain proceedings, was adopted by unanimous vote on roll call. On motion of Hill and Cathcart, Resolution No. 2134 establishing prevailing wage scale was adopted by unanimous vote on roll call. Resolution No. 2135 calling for sealed proposals on _Project 49-10 was read, and on motion of Montrouil and Gaspar, was adopted by unanimous vote on roll call. This provides for th. bids to be .opened by the City Manager at 2:00 P.M. on August 10, 1951, and submitted to the Council at 7:30 P.M. on August 13, 1951. Project 50-1, Street Lighting Reconstruction A report was received from Committee No. 5 recommending that the City purchase and hold in lieu of cash $8,397.94 of Public Improvement Bonds, Series QQ, Project 50-1, Street Lighting Recon- struction, the bonds to bear interest at 3%. On motion of Wickett and Bowden, the recommendation was adopted by unanimous vote on roll call. Project 21-1, Third Street et al A report was received from the City Manager on the bids received on July 6, 1951, on Project 51-1, Third Street et al, with the recommendation that the bid of the Freeman Paving Company in the amount of $169,255.30 be accepted. Resolution No. 2136, ordering acquisitions and improvements and confirming assessment, Project 51-1, was read, and on motion of Hill and Montrouil, was adopted by unanimous vote on roll call. Resolution No. 2137 of award of contract for Project 51-1 to the Freeman Paving Company was read, and on motion of Hill and Blois, was adopted by unanimous vote on roll call. (Councilman Cathcart left at this time and was absent for, most of the: meeting. ) _ t. 41 After a five-minute recess, the Council reconvened at 9:10 P.M. Project 51-5. San Antonio Annex Scw ^r;, Resolution No. 2138 of preliminary determination and of intention to make further changes and modifications in Project 51-5 was read, and on motion of Blois and Montrouil., was adopted by unanimous vote onroll call.. This provides for a hearing on the modifications to be held at 7:30 P.M., July 23, 1951. On motion of'`Bowden and Miller, all other matters fn connection with Project 51-5 were continued to July 23, 1951. Letter from Beall Greenhouse Company A letter from Beall Greenhouse Company concerning tea condition of trailer housing facilities on San Antonio Road was referred to the City Manager. - Films at Community Theatre A letter was received fro:r. Hal Honore', District Manager of Menlo -Mayfield Amusement Company and representative of a film distributing organization, objecting to the showing of certain''. films by the Peninsula Film -Society at the Palo Alto Community Theatre. On motion of Gaspar and Blois, this was referred to Committee No. 3. Easement from School District A letter was received from the Palo Alto Unified School District enclosing two copies of Resolution of Dedication of Easement, and two copies of Grant of Easement covering property,_. for, the construction, operation, maintenance and repair of storri sewers and public utilitSr: lines and appurtenances. .The easement covers property of -the school district between Diss Road and Charleston Road along the prolongation of Waverley Avenue. On motion of Hill 'and Blois, a resolution accepting this easement was adopted by unanimous vote on roll call. Submission of Assessment Rolls A communication was received from the City Assessor submitting the assessment rolls for the fiscal year 1951-52. Attention was called to the provisions of Section 456 of the Administrative Code which requires the Council to meet' '• as a Board of Equalization on July 23, 1951, at 7:30 .M. Utility Agreement Upon_ recommendation of.the CityManager, and on motion of Blois and Gaspar, the Mayor and City Clerk were authorized to sign an agreement. with Alexander Simpson for installation of a water system in Laguna Gardens Subdivision. Purchase of Land 'for City Hall Site The City Manager read a copy or the letter which he sent to Barrett & Hi1p on June 25, 1951, in accordance with .;the Council's instructions, offering $5000.00 per acre for six acres of land at the corner . of Newell Road and E:rbarC aderc Roacl .' He also read the reply received today from Barrett .agreeing to• sellto the. City of Palo Alto the six acres of land • CC Cr ,, N, facia on EmbarZadero Road and extending along Embarcadero from , the point where their houses terminate at present to the easterly line of Newell Road. A report .was received from Committee No. 5 recomr.:en..^.g that the offer -of Barrett & Hilp be accepted and that city • officials be authorized to complete the purchase. 0n notion of Blois and,Simpson,. the reco:r3iiendation of Committee No. 5 was adopted by -unanimous vote on roll 'call. On motion of Bowden and Cashel, and by unanimous vote on roll call, the Council authorized' the transfer of $30,000:100 from the Capital Reserve Fund for the purchase of the property. Pro sect 51-1,- Third St. et'al (S.P. Assessment) The City Manager submitted a letter from Kirkbride, Wilson, Harzfeld & Wallace, advising that a problem has arisen in connection with the assessment of. the right of way of the Southern Pacific Company for Project. 51-1, and outlining an alternative which the.Southern Pacific has proposed whereby they offer to contribute certain easements if a portion of the assess- ment is cancelled. After discussion, the Council came to the conclusion that the:assessment-as previously established and confirmed by resolution` should stand. Garbage Contract The City Manager reported that the garbage collection service is still not satisfactory and the company has not been able to solve the multiple collection problem. The Natter was considered by Committee No. 5 today which submitted a recommenda- tion that_if the garbage contract is not properly fulfilled by: July 23-, 1951, the City Manager be -authorized to cancel the contract by August 1,:1951, and -negotiate for a new contract with another .firm. On motion of Gaspar and Blois, the report of Committee No. 5 was adopted. Use Permit, S't Aloysius Church A report was received from the Planning Commission advising that it has considered the application of St. Aloysius Church for a use permit to construct a parochial grammar school and convent, and probably at a later date a church and rectory, on a site of 3.79 acres on the southwesterly side of Middlefield Road adjacent to Matadero Canal., being a portion of Lot 55, Wooster. Subdivision. The Commission stated that it feels the area is too small for all the uses contemplated and therefore recommended approval for the church use only, with the stipulation that parking be provided in the ratio of one space for every ten seats. Committee No.. 1 recommended acceptance of this report. A letter was received from St. Aloysius Church requesting' that their petition be withdrawn from consideration by the Council. In view of the withdrawal of the application, no action was required. Annexation of Barron Park A report was received from the Planning Commission requesting that the Council and Staff make an appropriate study to • • .."�"� u•�irr6Cfi�; 43 ascertain what the advantages would be to the City of Palo Alto in annexing the Barron Park district. The City Manager advised that the Staff is working on this project now ;and preparing reports for the consideration of the Planning Commission and committees. Tentative Subdivisiion. Mans A report was received from the Planning Commission recommending approval of the following subdivision maps: 1. Tentative map of portion of Lot 15, Block 3, Seale Subdivision No. 5, as submitted by Byron Tarr, in accordance with recommendation of the City Engineer as set forth in Engineering BulletinNo. 51-63. 2. Tentative map of portion of Lot 5, Greer Partition, as submitted by Filippo Benzo, in accordance with the recommendation of the City Engineer az set forth in Engineering Bulletin No. 51-64. Committee No. 1 recommended approval of these tentative maps in accordance with the recommendation of the Planning Commission. On motion of Hill and Montrouil, the recommendation of the Planning Commission and Committee No. 1 was accepted and the maps approved. Map of Johnston Tract, Tract No. 771 A:report was,submitted by the Planning Commission recommending approval of the tentative and final map of the Johnston Tract, Tract No. 771, being a portion of Lot 108, Wooster Subdivision, subject to meeting all of the conditions set forth in Engineering Bulletin No. 51-62. Committee No. 1 -recommended approval of this tentative and final map in accordance with recommendation of the Planning Commission. On motion of Hill and Montrouil, the recommendation was adopted and Resolution No. 2139 approving final map of the Johnston Tract was:passed by unanimous vote on roll call. Resubdivisions A report was received from the Planning Commission recommending as follows regarding the resubdivision of certain lots: 1. That the proposal for the resubdi\esion of portion of Lot 1, Block 3, Subdivision No. 5, Seale Tract, as submitted by Howard Ruth, Sr., be denied for the reason. that it is not the sort of use anticipated in the R-1 Zone.. Engineering -Bulletin No. 51-61 way submitted, with. -ie City Engineer's recommendation that the proposal be denied and the applicant be advised tc resubmit his map on the -basis of three lots rather than fourr, 2. That the proposal for the resubdivision. of a portion of Lot 69, Wooster Subdivision, as submitted by .Mrs :- Zada C, Goodwin, be approved, suio ject `to the conditions set forth by the City Engineer in Engineering Bulletin No. 51-68. 3. That the proposal for the resubdivision of Lots !Il-and 2, Block 22, College Terrace, as submitted by Herman Earoldson,-be approved without require- ment for record of survey or final map, in accordance with recommendation of the City Engineer in Engineering Bulletin No. 51-67. Committee No. 1 reported that it concurs in the recommendations of the Planning Commission relative to these resubdivisions of lots. - On:motion of Montrouil' and Bowden, the recommendations of the Planning Commission and Committee No. 1 were approved. Application for Rezoning A report was received from the Planning Commission recommending that the application of Maurice Ledoyen for rezoning of Lot 7, Block 2, Evergreen Park, corner of Ash Street and Leland Avenue, from R-1 to R--3 be denied for the reason that this would create spot zoning. On motion of Gaspar and Montrouil, a hearing on the:' application was set for August,13, 1951, at 7:30 P.M. Amendment to Interim Zoning A report was received from, the Planning Commission recommending the adoption of an ordinance amending the zone map attached to Ordinance No. 1320 which established interim zoning for the San Antonio Annexation area, by deleting therefrom the designation"B-6". Committee No. 1 reported that it concurred in this recommendation and recommended that the ordinance eliminating the "B-6" designation be adopted as an emergency ordinance. Mr. Joseph Lawry, attorney representing Lacey & White, addressed the Council requesting. adoption of the emergency ordinance so that construction of new homes by Lacey & White will not be delayed. Ordindce No. 1354, amending the interim zone map of the San'Antonio Annexation area by deleting the designation "B-6" was discussed, and on motion of -Blois and Montrouil, was adopted as an emergency ordinance by unanimous vote on roll cal1. Permanent Zoning Map of -San' Antonio Annexation Area A report was received from Committee No. 1 advising that after discussion with the :Planning Officer the committee recommends that the proposed permanent zoning map of the San Antonio Annexation area be referred back to the Planning Commission for further consideration of certain points brought up in the committee meeting, which will be discussed by the Planning Officer with the Commission. - ,This report was accepted and the'map referred back to the Planning Commission for further consideration. Design Control Plans (E. .J.__Leep) A report was submitted bye the Planning Commission recommending approval of plans submitted by E. J. Leep for a Y,.;+�auT�,«nn a,.,tn•r�+x ,.. tIIS.Y:'�",`!s.... .,v,��roiy. sinle family dwelling to be located on portion of Lots 9, 10 and.11, Block 12.) Stanford City, in the R -3:D District, under provisions. of Article 20-D, Design Control District Regulations, of the Zoning Ordinance. Committee No. 1 concurred with the Planning Commission in recommending approval of;these plans. On:motion of Monti--ouil and Hill, the recommendation was adopted and the plans approved. Design Control Plains (Frederic Worth) A report was. received from the Planning Commission recommending that the application of Frederic Worth for approval of plans under Design Control District Regulations for a proposed'tripiex to be located on Lots 28 and 29, Block 2, Stanfor City, be� denied. It was the opinion of the Commission that the plans do not comply with ;Section 20.01 of the Zoning Ordinance, which states that buildings under this heading shall be so 'designed and constructed that they will rot be of unsightly or obnoxious appearance to the ^xtent that they will hinder the orderly. and harmonious development of the City. Committee No. 1 reported that it has considered the plans submitted by Mr. Worth and recommended approval. On motion -,of Montrouil and Cashel, the recommendation' of.Committee No. 1 was accepted and the plans approved. Acquisition of Park Area •A report was submitted by the Planning Commission advising that the acquisition of a site of 19.8 acres on Diss Road adjacent to the new Fair Meadows School meets with the Commission's approval as a suitable site for a city park. The Council was informed that Committee No. 3 has considered the acquisition of this area for a park and recreation site and has agreed that it is the logical site. On motion of Montrouil and Hill, the City Manager was authorized to secure an appraisal and negotiate for the purchase, of the property at the amount of the appraisal. Closing of Accounts, Journal Entries The Council accepted a report of the Controller on transfers to close accounts for the fiscal year 1950-51, and journal entries transferring utilities net gain to the General Fund, a':,; follows: Appropriation from unappropriated balance of General Fund $66,525.00 to Acct. tt 12"4-17, Hospitalization $ 4,000.00'. 156 -- Outside Services 12,000.00'. 826 Pool Maintenance 525.00' 124-49 Loan to Stores (73,000) 50, 000.00 Transfers from Utilities Funds to Reserve as per Charter: Water Electric Gas Sewers 6,000.00 7,000.00 4,000.00 1,500.00 18,500.00 C.. Transfer of Utilities Net Gain to General Fund: Water Electric Gas Refuse Disposal Sewers $124,733.67 295,073.71 23,623.27 7,41494 20,171.18 $471,016.77 Transfer to Capital Reserve Fund A report was received, from. Committee No. 5 recommending that the transfer of $175,000.00 from the General Fund to the - Capital Reserve Fund be authorized. On motion of Wickett and Bowden, the recommendation was adopted by unanimous vote on. roll call. Transfer fnr Court Deposit, Project 51-1 A report was received from Committee No. 5 recommendine that a transfer of $23,000.00 be made from the Hospital Improvement Fund to the Revolving Fund, az a- loan for 90 days, to finance court deposit in connection with Project 51-1. On motion of Wickett and Montrcull, the reco:rmendati.on was: adopted and the transfer authorized by unanimous vote De roll can. Claim for Damages On advice of thee City Attorney, Committee No. 5 recommended that -the claim of Lily Saltzman for damages be denied.. On motion of Wickett and Drysdale, the recommendation was adopted and the claim denied. • Request of Police Judge The Council eensidered a communication from Felice Judo_ _Richard E. Doyle, Jr. asking if the Council has any objection to his accepting an appointment. az city judge of Mountain View. A report was received from Committee `;o. 5 recommendine ttIe Council -do not approve of the Police Jude e accepting this position in -Mountain View. It was pointed out by Mayor .Mitchell that the office_ of -Police Judge in Palo alto is a full- ti::ecposition; that the whole question had been discussed by Committee -No: 5 with -Judge' Doyle, and the committee did not approve of the Police Judge'e holding another position. tnat On notion of Wie'.cett and: Drysdale, the reco_i mendat .on. of Committee No.. 5:was adopted. Report of Controller The monthly report of the Controller was received and placed on file. - Standing Committees The Mayor deferred his appointment of standing com iitteez. of the Council for 1951•-52, with the exception of appointing Vice Mayor Gasparas chairman of Committee No. 5. O O On -motion of Hill and Blois, the Council adjourned. APPROVED: i 47 Appointments to Board or. Commercial Amusements The Mayor recommended the re -appointment of Col. John'. Stewart, Mrs. Howard C. Ray, and Misc.Elizabeth Gurinski as members of the; Board on Comrne.�cial Amusements, each for a three-- year :term from July 1, 1951. approved On -motion of:Gaspar and Blois, the appointments were (The Council took a recess at this time, 10:30 P.M., and after meeting as a committee of the whole, reconvened as Council at 11:30 P.M, with 14 members present, Councilman Cathcart having returned.) Salaries and New Positions A report was received from the Committee of the Whole recommending that the salaries and new positions provided for in the proposed budget for 1951-52 be authorized and made effective as of July 1, 1951. On motion of Wickett and Bowden, the recommendation was adopted by unanimous vote on roll call. Budget Hearing.: A public hearing on the proposed budget for 1951-52, was set for the next regular meeting on July 23, 1951, at 7:30 P.M.