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City Hall, Palo Alto, Califc:•nia,
July 23, 1951.
The Council of the City of Palo Alto met in regular
session on this date at 7:30 P.M.,, with Mayor Mitchell presiding.
Roll cAll as follows:
Present: Blois, Bower, Cashel, Cathcart, Drysdale, Gaspar,
Hill, Marshall, Miller, Mitchell, Montrouil,
Simpson, Wickett.
Absent: Bishop, Bowden.
The minutes of the meeting of July 9, 1951, were
approved.
Project 49-10, Amarillo Avenue et al
This was the time for a hearing on Resolution No. 2130
of preliminary determination land of intention to make changes
and modifications. The hearing was declared open.
Mr. Riciard Lipton and Mr. William D. Richards, property.
owners on Amarillo Avenue, asked that the improvement be extended
to include the Drive -In Theatre property. It was pointed'out by
the attorney that the only matter before the Council at this time
is a change in the proceedings to enlarge the area over which the
cost of the storm sewers on Dias Road will be spread. .There being
no others to speak on the matter, the hearing was declared closed.
Resolution No. 2140 determining convenience and necessity
ana ordering changes and modifications, Project 49-10, was read,
and:on motion of Gaspar and Blois, was adopted by unanimous vote
on roll call.
Project 51-5, San Antonio"Annex Sewers
This was the time fora hearing on Resolution No. 2138
of preliminary determination and of intention to make changes and
modifications. The hearing was declared open. There being no
one who wished to speak on the matter, the hearing was closed.
Resolution No. 2141, determining convenience and necessity
and ordering changes and modifications, Project 51-5, was read,
and on motion of Cathcart and Montrouil, was adopted by unanimous
vote on roll call.
Project 50-1, Street Lighting Reconstruction
This was the'time for, a hearing on the unpaid assessment
list for Project 50-1. The hearing was declared open. There
being no one who wished to speak on the matter, the hearing was
closed.
was read,
unanimous
Resolution No. 2142, providing for the issuance of bonds,.
and on motion of Gaspar and Simpson, was adopted,by
vote on roll call.
Project 47-5, Loma Verde Avenue et al
This was also the time for a hearing on amended assessment
of Assessment No. 60-B, Project 47,5. The hearing was declared
open. There being no one who wished to speak on the matter, the
hearing was closed.
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Resolution No. 2143, confirming amended assessment, was read, and
on motion of Hill and Montrouil,' was adopted by unanimous vote'
on roll call. •
Use Permit for Nursery School
A report was received from the Planning Commission
advising that it has considered the application of Dorothy I.
Durrell for a use permit to _conduct a nursery school,at 567 Melvill
Avenue, and that a hearing was•held by the Commission on July 16th.
The Commission reported, that there was a tie vote of two to two
on a motion that the application be granted subject to definite
information that a majority of the property owners within the zone
of interest are not opposed.
A number of letters and petitions protesting against
a nursery school at this location were received.
Committee No. 1 recommended that a use permit be granted
to Dorothy 1. Durrellto conduct a nursery school at 567 Melville
Avenue, with the understanding that the school will be limited to
ten children.
A number of interested property owners were present,
and at the suggestion of"the Mayor opportunity was given to persons
living in the immediate area' to speak.
The following addressed the Council objecting to the
establishment of.a nursery school or any commercial uses in the.
area: Mr. Thomas A. Callahan, 1229 Webster Street, who submitted
a petition with about 75 signatures; Thomas Odell, 55k Kingsley
Avenue; Mrs. C. A. Newcomb; 1319 Tasso Street; Mrs. Dare Stark
McMullin, 500 Melville Avenue; Mrs. H. W. Rausch, 1322 Tasso
Street; J. K. Brooke, 552 Kellogg Avenue; Aloyse Sinnott,
535 Kingsley Avenue; and Colin Peters, attorney representing a
group of protestants.
A letter was received from Winifred Forbes, 564
University Avenue, whose property adjoins the present location
of Miss Durrell's nursery school, stating that the children are
not noisy and are properly supervised, and that the school is
operated in an orderly fashion and is a credit to the,neighborhood.
The following addressed the Council in support of the
application: Dorothy Young, owner of the property at 567 Melville
Avenue; Mrs. 0smo K. Johnson, 550 Kingsley Avenue; Gordon Jas')n
of Atherton, acid Virginia Berryman of 2310 Bowdoin Street. •
The informal hearing was then declared closed.
Councilman Montrouil, Chairman of Committee No. 1,
advised that the committee felt that, in view of the size of the
grounds and the limitation on the number and age of the children,
the school would -not be objectionable and would not decrease
property values. He pointed out that other houses in the area
are, being used for purposes other than single family dwellings.
A motion was made by Montrouil, seconded by Simpson,
that the recommendation of Committee No. 1 be adopted and the use
permit be granted. There was considerable discussion,,in which,
several members of the Council. felt that the matter should be
referred back. to the Planning Commission for a definite recommenda-
tion. Others felt they had all the information they needed to
make a decision and that there was no necessity of referring the
question back to the Commission_
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The vote on roll call was as.follows:
A es: Blois; Cashel, Montrouil, Simpson.
oes: Mrs. Bower, Cathcart, Drysdale, Hill, Marshall,
Miller, Mitchell, Wickett.
Not Voting: Gaspar.
The motion was declared lost and the permit denied.
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(The Council took a five-minute recess at this time
and reconvened at 9:00 P.M.)
Use Permit for Dental Offices
A report was received from the Planning Commission
recommending that the application of'C. A. Pellymounter for a use
permit for conversion of the building at 615 University Avenue into
dental offices be granted, with the stipulation that the required
minimum parking be provided.
Committee No. 1 concurred in the recommendation.
On motion of Montrouil and Hill, the recommendation was
adopted and the use permit granted.
Variance Application, Block 9, College Terrace
A report was received from the Planning Commission
recommending that the application of Mary J. Mueller for a
variance of -the Zoning Ordinance on Lots 4, 5 and 6, Block 9, College
Terrace, involving=a change of setback line and a variation of lot
areas, be deniedf for the reason that the proposed development
is not in keeping with the rest.of',the neighborhood. Committee
No. 1 concurred in the recommendation of the Planning Commission
that the application be denied.
A motion was made by Montrouil, seconded by Simpson, that
the recommendation be adopted and the permit denied.
Mr. James Mack, attorney representing Mrs. Mueller, the
owner of the property, and Mrs. Mary Thomas Miller, the prospective
purchaser, addressed'the Council asking that the application be
,approved. He submitted a -petition with 31 signatures of property
owners in the vicinity approving the application. He explaizied
that Mrs. Miller plans to build three houses on the property which
has a 75 -foot frontage, one house to face on Stanford Avenue and
the other two in the rear, with the development planned to save
tilt; trees and the creek. He pointed out that three narrow houses
could be built -on bhe three 25 -foot lots, but that the development
planned by Mrs. Miller will provide a more attractive arrangement.
He and Mrs. Miller presented pketthes of the proposed houses.
Mr. Leon Carley, attorney, addressed the Council on behalf
of several property owners objecting to the proposed development.
Mrs. Ernest Woodyatt, 1+25 Stanford Avenue, spoke in protest to
the building of three small houses in an area occupied by residences.
with large frontages on Stanford Avenue.
After discussion the motion:vas withdrawn,and on motion
of Montrouil and Gaspar, the matter was referred back to the
Planning Commission and Committee No. 1 with the request that they
report at the next Council Meeting on August 13, 1951.
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sResubdivisions of:Lots
A report was received from the Planning Commission
recommending approval of the following tentative maps for resub-
division of lots, subject to the recommendations of the City
Engineer as set forth in Engineering bulletins submitted:
a. Resubdivisian of Lots 55, 56 and 57, Block 2,
Stanford City, as submitted by Winfield Wegener,
Engineering Bulletin No. 51-69.
b. Resubdivision:of Lots 1, 2 and 3, Block 2, College
Terrace, as submitted by Alice P. Fischl, Engineer-
ing Bulletin No. 51-71.
Committee No. 1 concurred with the Planning Commission
n recommending approval of these resubdivisions.
On motion of Blois and Gaspar, the recommendation was
adopted and the resubdivisions approved.
Rezoning Appli6ations 3arrett & Hilp Property)
reer Property )
A report was received from the Planning, Commission
recommending that the application of Barrett & Hilp Development
Company for the rezoning of a portion of their property near
Embarcadero Road and Newell Road from R-1 to C-2 be denied, and
that the Council consider possible needs for restricted small
shopping areas in that vicinity and hold any necessary hearings
to that effect.
The Planning Commssion also transmitted an application,
which is not submitted in proper form, from Costello, Johnson &
Rodgers, requesting on behalf of their clients therezoningof
the Greer property at Charming and Newell for Neighborhood
Shopping, with a plan for development of the area. The Commission
recommended that the application be denied at this time, and
submitted the question for study by the Council and Planning
Consultant in conjunction with the study of the Barrett & Hilp
property.
A letter was received from Mr. J. F. Barrett, Jr., of
the Barrett & Hilp Development Company, requesting that action
on the matter:of rezoning their property be deferred as he and
other orficers of his company will be unable to attend the Council
meeting on July 23rd. He would like to appear before the Council
at the August 13th meeting.
The whole matter was continued to the next regular
Council meeting on,August.13, 1951.
°,T.(The Council took another recess at this time
`-and reconvened at 10:00 P.M.
. Councilman Cashel left at this time and was
absent for the rest of the meeting.)
Zoning in San Antonio -Annexation Area
In regard to,the proposed permanent zone map of the San
Antonio Annexation area, which was referred back to the Planning
Commission for further:consideration, the Commission reported' as
follows:
a. The Commission believes it is a better plan to
have a variation of lot sizes within an area as
large as Charleston Gardens, Unit No. 2. The
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Commission has discussed this previously with
Mr. Floyd Lowe who, at_that time, seemed to be
agreeable to the Commission's viewpoint. The
Commission feels that the area will be greatly
improved by certain curved streets so as to add
interest to the area and to avoid the appearance
of repetition. The Commission would like to see
lot sizes varying from 6000 to 8000 square feet or
more, with an'average of 7000 square feet or better.
-b. The'Commission believes that the zoning in the
easterly portion of the property within the proposed
Sterling Gardens plan should not be changed.
c. The Commission recommends that the interim zoning in
the San Antonio Annexation, in the area described,
As R -1:B-8, southwesterly of Middlefield Road and
south of Charleston Road, be changed to R-l:B-7.
d..,The Commission sees no logical excuse for changing
the area in' the proposed subdivision of Coastwise
Construction Company from IJM, Limited Industrial
District, and believes that the area zoned as t -M
will be to the long-time advantage and benefit of
Palo Alto.
Committee No. 1 reported that itconcurred in the
recommendation of the Planning Commission in Paragraph c above,
that the interim zoning of the'area designated as R -1:B-8
southwesterly of Middlefield Road and south of Charleston Road,
be changed.to R -1:B-7. On motion of Montrouil and Hill,
a proposed ordinance amending the Interim Zone Map of the San
Antonio Annexation area to provide for this change was accepted
for first reading.
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Mr. George Nolte, engineer for Charleston Gardens,
addressed the Council, pointing out that a change in the zoning
as proposed would:require a minimum lot area of 7000 square feet
for Charleston Gardens, Unit No. 2, which was inconsistent with
the view of the Planning Commission expressed in Paragraph a
above, that they would approve lot sizes varying from 6000 to
8000 square feet for•this_ subdivision.
After discusaion,y the ordinance was withdrawn from first
reading, and on motion of Mrs. Bower and Gaspar was referred back
to the Planning Commission and Committee No. 1 for further
consideration and clarification.
Design Control Plans
A report was received from. the Planning Commission
advising that it has reviewed the:following applications and
drawings for architectural design control approval and.that they
appear not to violate any of the provisions of Article 20-D,
Design Control District Regulations,. of the Zoning Ordinance:
a. Application of Winfield Wagener for approval of
plans for two houses on Lots 55 and 56, Block 2,a:
Stanford City.
b. Application of Sandy MacKay for approval of plats
for a duplex dwelling on Lot 10, Block 2, Stanford
City.
The Planning; Commission recommended approval of these
applications. Committee No. 1 concurred in the recommendation.
4.
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On motion of Montrouil and Hill, the recommendation was
adopted and the plans approved.
Hospital Budget
A report was received from Committee No. 4 recommending.
approval of the Hospital budget for 1951-52. On motion of
Cathcart and Drysdale, the recommendation was adopted.
Improvement Bonds of 1950
A report was received from Committee No. 4 recommending
that. City of Palo Alto Improvement Bonds of 1950, in the amount
of $600,000.00, be sold, bids to be received by the Council on
August 13, 1951. OnAmction of Cathcart and Drysdale, the
recommendation was adopted.
The City Attorney then pointed out that it would be
necessary to adopt an ordinance providing for the issuance of the
bonds before bids could be taken. The action was rescinded,
and the City Attorney was directed to prepare the ordinance for_
consideration at the August 13th meeting, with bids for the sale
of the bonds to be received on August 27, 1951.
Exchange of Treasury :Notes
A report was received from Committee No. 5 recommending
that the Treasurer be authorized to exchange the $100,000.00
II. S. Treasury Notes, 100, due August 1, 1951, for $100;000.00
Z. S. Treasury Notes, 1 7/8%, due July 1, 1952.
Resolution No. 2144, authorizing exchange of Treasury
Notes, was read, and on motion of Wickett and Hill, was adopted
by unanimous vote on roll call.
Acceptance of Bartholomae Deeds
On motion of Montrouil and Blois, Resolution No. 2145,
accepting grant deed from Irene H. Bartholomae covering Lots
67 and 68, Block 11, was adopted by unanimous vote on roll call.
On motion of Montrouil and Blois, Resolution No. 2146
accepting Trustee's Deed from Ralph E. Williams, Trustee, in
'Bankruptcy of Frank J. Bartholomae, covering the same property,
was adopted by unanimous vote on roll call.
Project 46-4, Cowper Street et al
Resolution No. 2147 directing making of amended assessmen
of Assessment No. 809-A, Project 46-4, was read, and on motion of
Taaspar and Blois, was adopted by unanimous vote on roll call.
•Budget and Tax Rate for :1951-52
° This was the time- for a hearing on the proposed budget
for 1951-52. The hearing -was declared open.
Mr. R.'E. Hackley addreused:the •Council, stating that
he thought the appropriation in the budget for the Planning
Commissions is not'sufficient to enable the Commission to perform
al"i,of its powers and duties as provided in the Administrative
Code. He also protested the increase in the City Manager's
salary.
There being no one else present who wished to speak
on the matter, the hearing was closed.
i:,:h:R2:anJ kx.+t:JMds+k!t "F S" Antswassullillir
A report was received from Committee No. 4 advising
that, after review of the proposed' budget and consideration of
the necessary changes which have been made, the committee
recommended the adoption of the budget.
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Ordinance No. 1355 adopting the budget for the fiscal
year 1951-52 was read, and on motion of Cathcart and Drysdale,
was adopted by unanimous vote on roll call.
Committee No. 4 recommended that the tax rate for
1951-52 be fixed at $1.2393,per $100.00. This includes $1.20
for general fund purposes and .0393 for bond funds.
Ordinance No. 1356 fixing the tax rate for 1951-52:at
$1.2393 was read, and on motion of Blois and Gaspar, was
adopted by unanimous vote on roll call.
Letter from Chamber of Commerce on City Hall Site
A letter was received.from the Palo Alto Chamber of
Commerce commending the:City Council on its negotiations to
acquire a tract in the vicinity of Embarcadero and Newell Roads,
and recommending that the City acquire title to an adequate area
for a civic center as soon as possible and that such action as
may be necessary be taken to provide adequate space for future
needs.
The City Manager_ reported that Barrett & Hilp had been
contacted relative to the•purchase by the City of six acres of
land at the corner. of Newell Road and Embarcadero Road for a City
Hall site, at a price of $30,000.00. The City Attorney advised,
.that the metes and bounds description is now being prepared
and the title cmnpany has been contacted; that the transaction
will be completed as soon as the deed and necessary papers can
be prepared,;
Inspection Tours
The City Manager distributed questionnaires to council.
members to obtain their suggestions and wishes regarding a tour
or series of tours to 'inspect city facilities and activities,
and also to find out if they are interested in a tour of the
West Coast plant of the Westinghouse Electric Corporation at
Sunnyvale',which has invited the council members to inspect their
plant.
Acquisition of Park Area
The City Manager reported that he had received an
appraisal on the 19.785 -acre tract of land on Diss Road which
has been proposed for a park and recreation site, and that he
will negotidte with the owner to see if the land can be acquired
for'the amount of the appraisal which is $68.,255.00.
Standir_z Committees
The Mayor announced the appointment of standing committees
of the Council for 1951-52 as follows:
Committee No. 1: Public Works,
Public Utilities
and Engineering
Philip W. Montrouil, Ch.
J. B. Blois
Walter B. Hill
James G. Marshall
Clifford H. Simpson
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Committee
No. 2: Fire, Police,
Health and
Animal Shelter
Committee No. 3z Library and
Recreation
Committee No. 4: Finance
Committee No. 5: Organization,
Audits and
Accounts, Inter-
nal Control and
Procedures
Jerome T. Bowden, Ch.
Stanley Bishop
Edward P. Cashel
Raup Miller
Clifford H. Simpson
Frances Bower, Ch.
Stanley Bishop
George S. Drysdale
James G. Marshall
Raup Miller "
A. J. Cathcart, Ch.
Edward P. Cashel
George S. Drysdale
Walter S. Gaspar
Philip W. Montrouil
Walter S. Gaspar, Ch.
J. B. Blois
Frances Bower
A. J Cathcart
F. A. Wickett
Substation Site
A report was received from Committee No. 1 recommending
that the substation site at the corner of Diss Road azd Alma
Street be abandoned, and that the City Manager be authorized to
negotiate tor the purchase of a site on the northeasterly side
of Middlefield Road between Mayview Avenue and Charleston Road.
In the event this site can not be purchased, the committee'
recommended that the City Attorney be directed to start
condemnation proceedings.
On motion of Hill and Mrs. Bower, the Council adopted
the portion of the report recommending this abandonment of the
Diss and Alma:site and that the City Manager be authorized to
negotiate for the purchase of a site on Middlefield Road.
Purchase of Land from Mackay Co.
A report was received from Committee No. 1 recommending
that the City Manager:be authorized to negotiate for the purchase
of a strip of land 16.31 feet wide and approximately 220 feet
long on Colorado Avenue between the Pacific Gas & Electric
Company tower line right of way and the City substation site,
from 'the Mackay Radio & Telegraph Company.
On motion of Montrouil and Hill, the recommendation
was adopted.
Improvement of Diss Road
A report was received from Committee No. 1 advising
that the State has denied the use of gas tax funds for the extra
width of pavement on Piss Road, to be'improved under Project
49-10, on the basis that the proposed improvement does not meet
the State's standard as to width of pavement. Committee No. 1
advised 'that it felt that a 50 -foot street should be maintained,
and recommended that a contribution for the added 10 feet,
estimated to cost $7,500.00, be made from the General Fund.
Committee No'. 4 recommended that a contribution of
$7,500.00 be wade from the Investment Adjustment Account to pay
the cost of the extra width of pavement on Diss Road, with i.he
stipulation that this does not establish a precedent. The
committee recommended'that the City Manager be authorized to
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bring the whole -matter of policy regarding the use of gas tax
funds to the attention of the Division of Highways.
The new policy of the State requiring a 64 -foot pavement
for streets to qualify for gas tax funds was discussed.
On motion of Drysdale and Montrouil, and by unanimous
vote on roll call, the recommendation of Committee No. 4 was
adopted and the appropriation of $7500.00 from the Investment
Adjustment Account was authorized.
The City Manager advised that it is his intention to
contact other cities interested in this matter and get the
support of the League of California Cities in an effort to
get the State Division of Highways to establish a more liberal
policy for the use of gas tax funds.
Admission Prices, Adult Theatre
A report was received from Committee No. 3 recommending
approval of an increase in admission prices at the Adult Theatre
,for the 1951-52 season.as follows:
General Admission from 90 cents to $1.00 inc. tax.
Season tickets for
8 productions
from $6.00 to $7.00
from $4.80 to $6.00 for bargain nights
The committee reported that it is planned to show each
play for two week -ends (seven performances) instead of three
week -ends (nine performances) as was done last year.
On motion of~Mrs. Bower and Drysdale, the rates for
the Adult Theatre as recommended by Committee No. 3 were approved.,
Leaves of Absence
Councilman Hillwas granted permission to leave the
State"from July 29, 1951 to August:+, 1951.
Councilman. Drysdale was granted permission to leave
the State from July 29, 1951 to August 13, 1951.
on motion of Gaspar and Blois, the Council adjourned.
ATTEST:
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