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HomeMy WebLinkAbout1008195199 City Hall, Palo Alto, California, October 8, 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: Bishop, Blois, Bowden, Bower, Cashel, Cathcart, Drysdale, Gaspar, Hill, Marshall, Miller, Mitchell, Montrouil, Simpson, T.41ckett. Absent: None. The minutes .of the meetings of September 24, 1951, and October 1, T-951,_were approved. Project 51-1, Third Street et al This was the time for opening bids on the sale of improvement, bonds to be issued in the amount of $200,607.25 for the unpaid assessments under Project 51-1. The following bids were received: Bidder Interest Rate Lawson, Levy & Williams and Associates Walston, Hoffman & Goodwin Hannaford & Talbot and Associates The bids were and report later during Project 47-5, Loma Bonds maturing 1953-195+ inclusive to bear interest at 3%; bonds maturing 1955- 1961 inclusive to bear interes at 3%; bonds maturing in 1962 to bear interest at 3%. Bonds maturing 1953-1958 inclusive to bear interest at 3e%; bonds maturing 1959- 1962 inclusive to bear interes at 3%. All bonds to bear interest at 3u%. Premium of $74.00. referred to the Controller for analysis the meeting. Verde Annex Sewers This was the mime for a hearing on amended assessment of Assessment No. 103, Project 47-5. The hearing was, declared open. There being no one to speak on the matter, the hearing was closed. Resolution No. 2171, confirming amended assessment, was read, and on motion of Blois and Gaspar, was adopted by unanimous vote on roll call. Project 48-1, Oregon Avenue et al This was.the time for a hearing on amended assessment of Assessments No. 667, 668., 669, and 670, Project 48-1. The hearin was declared open. There being no one who wished to speak on the matter, the hearing was closed. Resolution No. 2172, confirming amended assessments, was read, and on motion of Gaspar and Blois, was adopted by unanimous vote on roll call. 100 Project 48-12, Bartley Tract Alleys This was the time for a hearing on amended assessment of Assessment No. 7, Project 48-12. The hearing was declared open. There being no one to speak on the matter, the hearing was closed. On Motion of Gaspar and Blois, Resolution No. 2173 confirming amended assessment was adopted by unanimous vote on. roll call. Project 48-13, Warren Way et al This was the time for a hearing on amended assessments of Assessments No. 39, 40, 41 and 42. The hearing was declared°. open. There being no one to speak on the :natter, the hearing was closed. On motion of Gaspar and Blois, Resolution No. 2174 confirming amended assessments was adopted by unanimous vote on roll call. Hearinz on Rezoning Application (Neely) This was the time for a hearing on the application of Americus Neely for the rezoning of Lot 5, Block 7, Hawxhurst Subdivision, on the westerly corner of Third Street and page Mill Road, from M-1, Light Industrial District, to M-2, General, Industrial District. Reference,was made to a recommendation previously made by the Planning Commission that the application be denied. A letter was received from George Michael Smith, owner of 42i feet on Third Street adjacent to the Neely property, requesting that his property be included in the consideration for rezoning. The hearing was declared open. James, Mack,- attorney representing Mr. and Mrs. Neely, addressed the Council in support of their application, pointing out that property across the street is zoned as M-2 and Xr. and Mrs. Neely would like to have the zoning of their lot conform to the property on the other side of the street. Mrs. Pablo Espinosa, 224 Page Mill Road, owner of adjoining property, spoke in favor of the rezoning. There being no others to speak on the matter, the hearing was closed. On motion of Montrouil and. Hill, the matter, including the letter from George Smith, was referred back to the Planning Commission and Committee No. 1 for further study. Rezoning Applications (Greer Property) Barrett & Hflp Property) The Council gave further consideration to the application of Mary C. Greer to rezone the Greer property on Newell Road and Charming Avenue from R-1 to C-1, and to the application of the Barrett & Hilp Development Company to rezone their property on Newell Road near Embarcadero Road from R-1 to C-2. Reference was made to the previous recommendation of. the Planning Commission that the applications be denied and that the Council and Planning Officer make a study of possible needs for restricted small shopping areas in that vicinity. ------------------ 01: Attention was called to the reports previously received from Committees No. 1 and No. 5 and the Planning Officer, recommending that both applications as submitted be .denied' and that consideration be given to zoning the Barrett & Hilp property as P -C, Planned Community. Reference was made by the Mayor,to the public hearing held at the last meeting on October 1, 1951. He submitted a letter from Stephen Chelbay expressing the views of the property owners in the Enbarcadero Oaks Tract who oppose any type of commercial zoning on they Barrett & Hilp property.. Mr. Chelbay asked that this letter be included in the records presented by him at the hearing. ;On motion of Cathcart and Drysdale, the Council, in accordance with the recommendations of Committees No.'1 and No. 5 and the Planrlag Officer,denied the applications for rezoning of the Greer'property to C-1 and for the rezoning of the Barrett & Hilp property to C-2. This motion was carried by unanimous vote on roll call. After considerable discussion in regard to proposed P -C zoning for the Barrett & Hilp property, a motion was made by Hill, seconded by Gaspar, that an ordinance rezoning the Barrett & Hilp property from R-1 to P -C -I (Planned Community - Interim) be accepted for first reading. The Deputy City Attorney explained that P -C -I zoning would prevent any buildings on the property until an acceptable plan for the development of the area is approved by the Council. The vote on roll call was as follows: Ayes: Blois, Bowden, Bower, Cashel, Cathcart, Gaspar, Hill, -Marshall, Mitchell, Simpson, Wickett. Noes: Bishop, Drysdale, Miller, Montrouil. The motion was carried and the ordinance accepted for first reading. On motion of Bowden, the matter was referred to the Planning Officer and the Council as a Committee of the Whole. Request to Close Portion of Lucas Lane A letter from the Merner Lumber Company' requesting the closing of the northwesterly portion of Lucas Lane was referred to the Planning Commission and Committee No. 1. United Nations Flab A letter was received from Rufus H. Kimball, Chairman of the Palo Alto Committee for rnited Nations Week, requesting that the United Nations Flag be flown at the City Hall ;or the Community Center during United Nations Week, October 21 -to 27, 1951. A report was received from Committee No. 5 recommending that no action be taken on this matter. On motion of Montrouil and Gaspar, the recommendation of the committee was adopted. Bids on Improvement Plans 51-13 and 51-14 (60-kv Loop) .A report .was received from the City Manager on the bids received on September 20, 1951, on Project 51-13 for electric transmission and distribution insulators, and on project,51-1k for electric line conductors and accessories, in connection with the 60-kv loop. 102 C4Cml It was the recommendation of the City Manager that the bid of the Graybar Electric. Company for insulators, Project 51-13, in the amount of $14,462.44'be accepted, although it was $1.69 higher than the bid of -the Jeffrey -Dewitt Insulator Corporation, for the reasons that the bid -of the Graybar Company is firm and is therefore most advantageous to the City, their shipment is shorter,:_ and the shipment is,f.o.b. Palo Alto as called for in the bid notice. The City Manager recommended that the bid of the Aluminum Company of America for cable, Project 51-14, in the amount of $6,878.19, be accepted in view of the firm price through March 31, 1952. On motion of Hill and Simpson, and by unanimous vote on roll call, the bid of the Jeffrey -Dewitt Insulator Corporation on Project 51-13 was rejeted even though it is the lowest bid, as the price is not fir''°and the shipment is not f.o.b. Palo Alto as called for in the specifications; and the recommendations of the City Manager for acceptance of the bid of the Graybar Electric 'Company on Project 51-13 and the bid of the Aluminum Company of 'M erica on Project 51-14 were adopted.. 1 Use Permit and Variance, Medical Building A report was received from the Planning Commission recommending that the application of George Curnaw for a use permit to construct a medical -dental building on the northerly* corner of Middlefield Road and Charming Avenue, be granted, it being under- stood that it is the intention of the developer to preserve the •existing:trees as shown on the plot plan submitted; and that the application for 'a' .variance involving changes in setback nines from 224 feet to 20, feet on Middlefield Road, and from 24 feet to l6 feet on Charming Avenue, be granted. Committee No. 1 concurred in this recommendation. Nathan Finch, attorney for the applicant, presented the proposed plans for this building and explained the reasons for requesting a change of setback lines. On motion of Blois and Simpson, the recommendation of the Planning Commission and Committee No. 1 was adopted and the use permit and variance permit were granted. Use Permit, School District - :A report was received from the Planning Commission recommending approval of -the application of the Palo Alto Unified "School District for a use.permit for a school site in Sterling Gardens, on portion of Lots 128 and 129, Wooster. Subdivision, witi; a frontage of 500 feet on Stockton Place and depth of +34.88 feet, as shown on the amended tentative map of Sterling Gardens and Area Master Plan. Committee No. 1 also recommended approval of this permit. On motion of Hill and Gaspar, the recommendation of the Planning Commission and Committee No. -1 was adopted and the use permit granted. Resubdivisions A report was received from the Planning Commission recommending approval of the following resubdivisions: 1. Lots 21 and 22, and part of Lots 1, 2 and 20, Biock 5,College Terrace, subject to recommendation of the City Engineer as set forth in Bulletin 51-99. At 1 103 2. Portion of Lot 6, Block 17, University Park, subject;ta a 12 -foot easement being provided for driveway and utilities to serve the rear - lot, -in accordance with recommendation of the City Engineer in Bulletin 51-107. 3. Partpf Lot 3, Subdivision No. 4, Seale Tract. +.:Lot 28,. Mayview Homesites, subject to recommends-' tion of City Engineer in Bulletin 51-106.- 5. Lot 14, Block 2, Seale Addition No. 1, subject toa. 12 -foot easement being provided for driveway and for utilities to serve the rear lot. Committee No., l concurred with the Planning Commission in recommending approval of these resubdivisions. On motion of Hill and Gaspar, the recommendation of the Planning Commission and Committee No. 1 was adopted and the resubdivisions approved. The.Planning Commission also recommended approval of the application of J. P. Blackman to resubdivide a portion of Lot 52, C. M. Wooster Subdivision, subject to recommendation of the City Engineer and conditions set forth in Bulletin No. 51-102. Committee No. 1 concurred in this recommendation. On motion of Montrouil and Bowden, the recommendation was adopted and the resubdivision approved. The Council was informed that one of the conditions in the bulletin was that the owner dedicate a 13 -foot strip on Middlefield Road and: appropriate radii leading into Wellsbury Way, and that this deed has been received. A resolution accepting the deed from Harriet Blackman and James P. B1acl Car , covering portion of Lot 52, Wooster Subdivision, was adopted, on motion of Hill and Bowden, by unanimous vote on roll call. A report was submitted by the Planning Commission recommending that the application of John Krysiak for resubdivision of part of Lot 1, otherwiseknown as Parcel 1 of Lot 3, Block 1, Seale Tract.No.'6, be denied, and suggested that it be.referred to the Assistant Planning Officer to consult with the applicant= in an effort to develop a proposal for which approval could be recommended. Committee No. 1 concurred in recommending that this resubdivision be denied. O 0n'motion of Montrouil and Marshall, the recotmendation was adopted and the resubdivision disapproved. Pro,Ject51-1, Third Street et al At this time the Controller submitted a report on his analysis of the bids received at 7:30 P.M. for the sale of improvement bonds under Project 51-1. He advised that..the best bid was that submitted by Lawson, Levy & Williams and Associates, with average interest rate of .031889, the total interest amount- ing to $40,125.39. The other bids were as follows: Walston, Hoffman ,& Goodwin, total interest of $40,318.63,: average interest rate of '.0320k3; and Hannaford & Talbot and Associates, total interest of $x+0,819.22, average interest rate of .0324x+. . 104 The hearing on the unpaid assessment list, Project 51-1, was declared open. There being no one who wished to speak on the matter, the hearing was closed. Resolution No. 2175 providing for the issuance of bonds finder Project 51-1 was read, and on motion of Bowden and Montrouil, was adopted by unanimous vote on roll call. Resolution No. 2176, awarding the sale of the bonds to Lawson, Levy & Williams and Associates, was read, and on motion of Bowden and Montrouil, was adopted by unanimous vote on roll call. Proposed Interim "-S" Zone A report was received from the Planning Commission recommending that the Interim" -S" Zone be applied to Blocks 21, 28 and 29, University Park, and that the Council ask the City Manager and his staff to prepare plans for off-street parking in the interior of these blocks. Committee No. 1 recommended that no action be taken on the matter at this time. Councilman Montrouil, Chairman of Committee No. 1, advised that the committee wished to make a further study of the whole matter. On motion of Montrouil and Hill, the recommendation of Committee No. 1 was accepted by the following vote on roll call: Ayes: Bishop, Blois, Bower, Cashel, Cathcart, Drysdale:, Hill, Marshall, Miller, Mitchell, Montrouil, Wickett. Noes: Bowden, Gaspar. ,Not Voting: Simpson. Off -Street Parking The Mayor referred to a letter previously received from the Chamber of Commerce relative to• the need for additional • off-street parking facilities and recommending consideration be given to a charter amendment to provide authorization for revenue bonds for off-street parking lots. The Mayor advised that he has asked Committees No. 1 and No. 4 to meet with representatives of • the Chamber of Commerce to discuss this matter. O 4 -• Additional Position of Electrician A report was received from Committee No. 5 recommending - that an additional position of eleatrician,Classification E-ll, be established. It was explained that there are sufficient funds in the budget to cover this additional salary. On motion of Wickett and Blois, the recommendation was adopted. Parking Regulations on New Parkinz. Lot A report was received from the Committee of the Whole recommending the adoption of an ordinance establishing parking meters on the new parking lot at Bryant Street and Forest Avenue, fixing the parking limit at four hours, and providing that the meter rate shall be one cent for twelve minutes or five cents per hour. The proposed ordinance was accepted for first reading. • 1 ti L 105 Acceptance of Deed On motion of_,Blois and Montrouil, and by unanimous vote on roll call, a resolution was adopted accepting a deed from the San Jose Abstract & Title Insurance Company covering a 30 -foot strip along the: northwesterly side of Diss Road between Cowper Street and Middlefield Road, being part of Lots 36 and 37, C. M. Wooster Company's Subdivision. Change of Zone Ordinance No. 1363, rezoning Lots 6, 7, 15 and 16, Block 60,:Seale Addition No;. 2, and portion of Lots 4, 5 and 6, Block 59, Seale Addition No. 2, from R-2 to R-3, was given second reading, and on motion of Blois and Gaspar, was adopted on roll call by the following vote: Ayes: Bishop, Blois, Bower, Cashel, Gaspar, Hill, Marshall, Mitchell, Montrouil, Simpson, Wickett. Noes: Bowden, Drysdale, Miller. Cbuncilman Cathdart was absent during this roll call. Report of Controller The monthly report of the Controller was received and placed on file. Appointment to Planning Commission The Mayor nominated Prof. Frank K. Shallenberger as a member of the Planning Commission to fill the vacancy for the term ending June 30, 1952. On motion of Cathcart and Drysdale, the nomination was confirmed. Leaves of Absence The following council members were granted permission to leave the State: Mr. Hill from October 15 to October 22, 1951; Mr. Simpson from October 19 to October 31, 1951; and Mrs. Bower from October 13 to October 30, 1951. Purchase of Area for Park and Recreation Site A report was received from Committee No. 5 recommending that the offer of Louis J. and Helen Freitas to sell 17.75 acres to the City at $3500.00 per acre be accepted, and that the Mayor be authorized to enter into a contract for the purchase cf this property, the City to assume the assessments on Project 49-10, Assessment No.'k6]B, and on Project 51-5, Assessment No. 955B. It was explained that this property is on Diss Road adjoining the Fairmeadow School, and is being acquired for a future park and recreation site. It will be paid for with bond money authorized at the last election. On motion of Gaspar and Mrs. Bower, and by unanimous vote on roll call, the recommendation of Committee No. 5 was adopted and the purchase of the property authorized. Purchase of Securities A report was received from Committee No. 5 recommending that the Treasurer be authorized to purchase $500,000.00 of,17 . S. Treasury Certificates of indebtedness, 1 7/8%, due September 1, 1952, at the market, and hold the same in lieu of cash. • IOG Resolution No. 2177, authorizing the purchase of these':. securities, was read, and on motion of Wickett and Gaspar, was adopted by unanimous vote on roll call. Bid Openings on Bonds. A report was received from Committee No. 5 recommending that bids for the sale of improvement bonds and general obliga- tion bonds be opened by the City Manager at x+:00 P.M. on the day of the Council meeting at which the sale is to be awarded, subject to the approval of the City Attorney. The Deputy, City Attorney reported that he had discussed this with the office ,of Kirkbride &.Wilson and the recommended' procedure was satisfactory to them as far as the sale of improvement bonds is concerned.- He advised that he had also discussed the -matter with Mr. Orrick, in connection with general obligation bonds, and.that Mr. Orrick said it'was customary in other cities -for the City Clerk to open bids as there would be a deputy available in the absence of the City Clerk. The Deputy City Attorney recommended that the bids be opened by the City Clerk because there would be a deputy to act in the absence of the Clerk and there is no deputy city manager to act in the absence of the City Manager. He pointed out that the ordinance or resolution providing for the sale of bonds would specify the procedure for opening bids in each case. On motion of Bowden and Montrouil, the recommendation of the committee was adopted. On motion of Blois and Gaspar, the Council adjourned.