HomeMy WebLinkAbout01141952City Hall, Palo Alto, California
January 14, 1952.
The Council of thee City of Palo Alto met in regular.
session on this:date at 7:3qP.M., with Mayor Mitchell presiding.;
Roll call as follows:
Present: Bishop, Blois,Bower, Cashel, Cathcart, Drysdale,
Caspar, ' Hill, Miller, Mitchell, Montrouil, ,Simpson:
Absent: Bowden:; Marshall, Wickett.
approved...
Pro ject> 49-10, Amarillo Avenue et al
This wad the._time for a hearing on the unpaid assess-
ment list for Project 49-10. .The hearing was declared open..
There being no one to -speak: on. the matter, the hearing was closed.
Resolution No. 2197 providing for the issuance of bonds:
in the amount of $211,,518.50 was submitted, and on motion of
Cathcart and Montrouli, was adopted by unanimous vote on roll call.
A report was received from the Controller on the bids
received at 4:00 P.M. on this date:for the sale of these bonds.
The bids were as follows:
Average
Bidder
Net Interest Int. Rate
uost
•Lawson, Levy & Williams $40,674.85 3.1947%
Hannaford & Talbot 43,984.81 3.4547%
Waiter, Woody & Heimerdinger 48,957.41 3.8452%
The minutes _of the meeting of December 10, 1951, were
On motion of Gaspar and Drysdale, Resolution No. 2198 -
awarding the sale of the bonds to Lawson, Levy & Williams was
adopted by unanimous vote on roll call.
(Councilman Marshall came at this time, 7:40 P.M.,
and was present for the rest of the meeting.)
Resolution No. 2199, ordering reduction of five
assessments in connection with Project 49-10, was presented.
It was explained that --these adjustments are necessary because
certain utility services provided in the plans were not constructed
by the contractor .and therefore these particular assessments
should be reduced. H On -motion ofHil1 and Montrouil, this
resolution was -adopted by.unanimous vote on roll call.
Project 51-5, San Antonio.'` Annex Sewers
This was the time for a hearing on amended assessment
of Assessment No. 1251, under Project 51-5. The hearing was
declared open.. There being no one to speak on the matter, the
hearing was closed.
Resolution No. 2200confirming the amended assessment
was read,, and, on motion of Mantrouil and Hill, was adopted by
unanimous vote on"roll call.
Peninsula Division -Meeting.
A notice was -received of a joint meeting of the
Peninsula Division of: the League of California Cities and the
w
185
Tri-County Planning Council to be held on Thursday, January 17,
1952, at 7:00 P.M, at the Whitcomb Hotel in San Francisco.
Park it St. Francis Terrace
A petition was received from property owners in
St. Francis Terrace concerning the park area which they state.
presents an unsightly.. appearance, and requesting that legal
steps -be taken to;di'spose of the property, thus relieving the
City .of a. liability:, and making it possible for private.
individuals to improve the property. This was referred to
Committee No.3 and the'City Attorney.
Request for Fill Material for Sterling Gardens
A letter was received from Sterling Terrace Corporation
requesting permission to use the fill material from the storm
drain overflow area_on the Bay side of the Bayshore Highway :
to raise street and lot elevations in the Sterling Gardens Tract.
This was referred to Committee No. 1 and to the
Matadero Mosquito Abatement District, with the suggestion that
the subdivider be asked to submit a concrete plan astto how
the 'material is ':to be removed and where it is to be taken.
Project 51-5; San Antonio Annex Sewers
The City ;Manager, reported that the work of constructing
the sewers under ;Project 51-5 has been completed in a satisfactory
manner -by the Edwin 3.,`Tobin Company, and recommended that'the
work be accepted...
on motion of Montrouil and Hill, the work under
Project 51-5 was;.accepted.
Civil Defense and Disaster Resolution
Resolution No. 2201, relating to civil defense
and disaster, was presented and recommended for adoption Eby the
City Manager, who explained that It revises a section of the
previous``: resolution- in regard to the American Red Cross.
0nlmotion of Montrouil and Gaspar, this resolution was
adopted by unanimous vote on roll call.
Utility . Agreement
Upon recommendation of the City Manager, and on motion
of Montrouil and Drysdale, the Mayor and City Clerk'were
authorized -to execute an agreement with Stanford University
covering the installation of water and gas mains on Lot 2+1,
Unit No.. 1 of the Stanford property.
Commercial:Officer
_A communication was received from the City Manager
recommending that Georgp`E. King be appointed Commercial Officer
to head the newly established Commercial Division, effective
January 1, 1952, and'thathis salary be $550.00 per month.
He explained that this: appointment would give Mr. Icing authority
to act as both Tax Collector and Utilities Collector for the
City of Palo Alto"
Reports were received from Committee No. zLancL
Committee No.. 5 recommending approval of the appointment`= in
accordance. with-t:ie recommendation of the City Manager. It was
pointed out"that:no additional funds will be required.
136
C
tio
Upon motion Of Blois and Gaspar, the recommendation was
adopted and the.appdintment"approved by unanimous vote on roll
call.
" No Parking Zone, Post 0ffice
The City Manager= submitted a proposed ordinance recommended
:by the Traffic' 0ommittee, establishing a "no parking" zone on
the southeasterly. side, of Hamilton Avenue for a distance of 30
feet southwesterly of Waverley Street, in front of the curb post
office box..'
On motion of -Gaspar and Drysdale, this ordinance No. 1373
was adopted. as an emergency ordinance by unanimous vote on roll
call`.`
Deed to Brophy
The Deputy City Attorney explained that Mr. William M.
Brophy had paid, for the installation of a drainage pipe in
accordance with._terms:of an,:agreement entered into between him
and the City 'on November 13, ',1951., -.and that it was in order to
give him a deed -to .the portion of the Tight of way of the Seale
Canal, being portion :"of: "Lo:t 1, Biock 8, Seale Subdivision No.,5
and portion of Lot.67, Wooster Subdivision.
Resolution Na.. 2202, authorizing the Mayor and City Clerk
tp execute a deed to this:property, to William M. Brophy and Mary H.
Brophy, and reserving certain: easements to the City, was read,
and on motion'of Hill and'Simp:son was adopted by unanimous vote
on roll call..
Gas Contract
The City Manager reported that the Pacific Gas &
Electric Company had forwarded -to the:City on November 1, 1951,
a new contract for the purchase `of natural gas which they
requested'the City approve. He submitted a revised contract
which he recommended for approval by the Council, explaining that
it is_his intention to return the<contract prepared by the
P.G. & E.,Coznpany and forward to them'the contract approved by the
City. He"explained the changes which have been made and the
points of difference in the contracts.
On motion -of Montrouil and Cathcart, the Mayor and.City`
Clerk were authorized to sign the gas contract recommended by the
City Manager.
It was suggested:that a copy of the revised contract be
sent to the Public Utilities Commission.
Variances
A report was received:2rom the Planning Commission
recommending that the application of the Sterling Terrace Corpora-
tion for a variance of four feet from rear yard requirements
on Lot 60., Block 5, Sterling Gardens NO.. 1, be approved. Committee
No. 1 concurred" in this recommendation.
Or notion of Cathcart and Montrouil, the recommendation
was adopted and the variance granted.
The. Planning Commission recommended that the application
of Harry S. Moyer, 541 Cburchili"Avenue, for a variance involving
a car port being erected to th:e"propertyline, be denied because -
other and'better solutions are possible. Committee No. 1
concurred in thi:;recommendation.
137
On motion- of Cathcart and Montrouil, the recommendation
was .adopted acrd the application denied.
Use Permit
A report was received.from the Planning Commission
recommending that the application of Kenneth R. McDougall for
a use permit for prof'easional use of the rear structure on the
property at 517 Byron Street be granted, with the provision -
that the four parking spaces as shown on the plot plan be main-
tained in conjunction with this professional use. The Commission
advised that no".approval of the front structure for professional
use was intended' by:this action. Committee No. 1 concurred in
the recommendation.
On motionof Montrouil and Hill, the recommendation
was adopted and::the use permit granted.
Design. Control
A report was submitted by the Planning Commission
recommending that the"application of Sandy MacKay for design
control approval .of tie `proposed building to be erected On Lot 11, -
Block 2, . Stanford;' City, be approved. Committee No. 1 concurred
in this recommendation:
On motionof Montrouil and Hill, the recommendation
was adopted and _the plans -approved.
The Planning Commission recommended that the application
of Howard Ruth, jr. for architectural design approval_of the
building to be erected on Lots 1,4 and 15, Block 3, Stanford City,
be rejected for the reason that the exterior stairways are
unsightly.
Committee No. reported that Mr. Ruth had submitted
revised plans. to the committee, and the committee recommended
approval of "the revised plans. On motion of Cathcart and Hill,
the recommendation was adopted and the plans approved:
Resub.dlvisions
A report was received from the Planning Commnission
recommending that: the proposed resubdivision of Lots 18 and 19,
Block 9; College Terrace,.be denied for the reason that the
required yards for present and proposed house are not indicated
on the plot plan. Committee No. 1 concurred in this recommenda-
tion. On motion of Hill and. Drysdale, the recommendation was
adopted and the resubdivision disapproved.
The `Planning .Comission recommended approval of the
resubdivision of portion of Lot 6, Block 115, Crescent Park,_ in
accordance with: recommendation of the City Engineer as set forth
in Bulletin:51-127. Committee No. 1 concurred in this
recommendation. On motion of Blois and Gaspar, the recommenda-
tion was. adopted and the"resubdivision approved.
A report was received from the Planning Commission
recommending approval of the resubdivision of portion. of Lot 23,
Wooster.Subdivision,,-in accordance with recommendation -of the.
City Engineer,as;set forth in Bulletin 51-129, provided the
16 -foot driveway'and turn -around are paved with a surface of a
quality approved by the City. Engineer. The Commission-
suggested
that an agreement. for ,the, joint maintenance of the common'
driveway-be,made a matter of record to run with the title to the
proposed lots. Committee No. 1 recommended that the plot plan
for thin resubdivision .be approved as submitted-. On:motion of
188
CC
V
Hill and Drysdale, the recommendation of Committee No. 1 was
adopted. Mrs. Bower did not vote.on the motion.
The Planning Commission recommended approval of the
resubdivision of Lots 12,18 and 19, Block 37, College Terrace,
in accordance. with recommendation of the City, Engineer as set
forth in.Bulletin 51-130. Comm t.tee No. 1 concurred in this
recommendation,. on'motion.,of Hill and Marshall, the recommenda-
tion was adopted' and the resubdiviston approved.
The Planning.C:ommission also recommended approval of .;
the resubdivisi.on of portion of Lot 1, Beale Subdivision No. 6,
in_ accordance with reeommend_ation_of the City Engineer as set
forth in Bulletin 51-132. Committee No. 1 concurred in this
recommendation. -On motion of Hill and Marshall, this resub-
division was approved.
Subdivision Maps(.Fina;l.Maps)
A report was received from the Planning Commission
recommending appr_oval:of the application of Joseph Clivadoti
for extension. of time for filing final map of Lot 77, Wooster
Subdivision. The tentative map was approved by the Planning, -
Commission on. December 13., 1950 -
Committee No. I recommended that the application be
denied. Chairman Montrouil pointed out that there has been
no action on the property forover a year; that there have been.
changes in the Subdivision Ordinance since that time., and the
committee felt that the time should not be extended butthat the
owner ,should submit anew map and start over.
On motion of Montrouil and Hill, the recommendation of
Committee No. 1 was:adopted:and the application denied.
A report was submitted by the Planning Commission
recommending approval of2the final map of Tract 932, resubdivis`o
of Block 24, Stanford -City, in accordance with recommendation `..
of the City Engineer as set forth in Bulletin 51-128. Committee
No. 1 concurred in thisrecommendation.
Resolution -No. 2203A, approving map of Tract No. 932,
was read, and on motion°of Hill and Drysdale, was adopted by
unanimous voteon ro11 call.
Tentative Maps, $ter1ing Gardens
A:report was received from the Planning Commission
recommending approva1,of:the;tentative maps of Sterling Gardens
No. 2 and Sterling Gardena No. -3,' in accordance with recommendations
of the.City Engineer in Bulletins 51-133 and 51-134+.
Committee No. I passed these maps on to the Council
without recommendation. Chairman Montrouil of Committee No. 1
reported that the committee Was divided in its views, and it
was felt that further discussion should be had on the proposed
development.- of these tracts in this area of low elevation.
Councilmen Simpson and Hill -felt that further study should be
given to:the matter, in ,regard. to the elevation of the land, part
of which is now under water; and an effort made to correct the
situation or establish same restrictions on the development before'
approval is given to the' maps.
It was pointed out that the elevation of 5 feet was
approved by the Council for the first unit, upon recommendation,
of the City's engineers. - :Councilmen Blois and Marshall referred
to theestudy given by the Council at the time the first unit
was considered,- and felt that it would be out of order for the
139
Council to change its policy and restrict the project at this
time..
yA:motion was made by Blois, seconded by Miller, that
the recommendation of,the Planning Commission be adopted and
the two tentative'maps of Sterling Gardens No. 2 and No. 3 be
approved.
Mr.Robert E'. Hackley spoke in opposition to permi ing
a.residenttal subdivision in the area in question, and called
attention to a geodetic'survey which showed that the land is
setthing.;:
After -further discussion, the vote on the motion by
roll call was as follows.
Ayes: Blois, '
Noes:,Bishop, Bower, Cashel, Cathcart, Drysdale,
''Gas:par, Mitchell, Simpson.
Not Voting: Hill, Marshall, Montrouil.
The. motion was lost.
A representative of the Sterling Terrace Corporation
was present and asked that the matter be laid over until .a
later meeting- so that his,firm might furnish any further
information desired before taking final action on the maps of
Units No. 2 and No.. 3.
I.t was moved by Hill, seconded by Marshall, and
carried that at the request of the subdivider the matter be
laid over until the regular Council meeting of February 11, 1952.
The matter was referred to Committee No. 1 for
further study in the meantime and for a report at the
February llth meeting.
The_City Manager was requested to have a map prepared
in colors showing the elevations proposed in the tracts.
Prop.osed Zone Changes
A.report:was received from the Planning Commission
recommending approval of -the application of the Sterling. Terrace
Corporation for ,a P -C Zone on the easterly corner of the inter-
section of Greer Road `andColorado Avenue, and further
recommending that the plans for a neighborhood shopping center as
presented by the Sterling Terrace Corporation for this area:be
approved for the -required use permit IL1 the P -C Zone..
Committee No.:1 recommended that a hearing be set :on
the proposed rezoning, and advised that it would give further -
consideration to the.rezoning question and to the shopping
center plans after the hearing has been held.
With regard to the application of Joseph L. Eichler
for change of zone'on the southeasterly portion of Tract'892,
Fairmeadows, comprising`approxirnately 25 acres, from:R-1 to
ProfessionalDistrict, the Planning Commission recommended that
this area be changed froni1-1 to p -C -I, Interim Planned Community.
Comnittee;No.' 1 recommended that a date be set for a
hearing on the -rattier.
{ The Council set January 28, 1952, at 7:30 P.N. as the'
time for a hearing.on both of these proposed zone changes.
O
Temporary Do;g Licenses
A. retort. was :received from Committee No. 2 recommending
that Section 1$.26 or. ---Codified 0rdinance No. 5 pertaining to_
temporarypermitsfordogs be rescinded.
A proposed ordinance repealing Section 18.26 was
received for first reading.
Traffic is institute
A report was received from Committee No. 2 recommending;
that Sgt:. Lloyd Boreham be -given permission to attend the
Northwestern University Traffic Institute from February 7, 1952
to June 20, 1952,, and that the sum Of $878.95 be appropriated
for his expenses. This is:the estimated cost of the course
in addition to the =$650.00 Fellowship awarded to Sgt. Boreham
by the Kemper Foundation for Traffic Safety. The City Manager
explained that'there are'nine Fellowships awarded throughout
the .United States on _ the basis of -examination and merit, and
that Sgt. Boreham of--the-Palo Alto Police Department had taken
the examination and had been awarded one of the Fellowships..
Committee No. k recoaimended that if the Council wishes
to authorize funds for this purpose, they should be transferred
from Account. 126-01 to: Ac,c,ount 126,-05.
0n motion of Gaspar and --Mrs,. Bower, and by unanimous
vote on roll call, the recommendations of Committees No. 2 and.
No. 4 were approved- and.. the transfer. of $878.95 was authorized
from Account 126-01 to. 126-05.`
Animal Sn.eIter.-Services
A`report;was received. from Committee No. 5 recommending
that the Mayor and City:.Clerk be authorized to sign the agreement,
with the City of Mountain_View for use of the facilities of the
Palo AltcCAnimal Shelter._ Ongmotion of Gaspar and Cathcart,
the: recommendation was adopted and"the Mayor and Clerk were
authorized to execute this agreement;.
Purchase of Treasury Bonds for Dion Fund
A report was;: received from Committee No. 5 recommending
that the Treasurer be:,authorized to p1irchase $k0,000.00 U, s.•
:Treasury Bonds, 2%,- 1965-70, at the market and hold same for
the Dixon Fund.
Resolution No. 2203B, authorizing the purchase of these
bonds, was read; and. on motion of Blois and Gaspar, was adopted
by unanimous vote on roll'eaYl
Transfers of Funds
A report was- received from Committee No. 4 recommending
that the following transfers of funds be authorized:
From the Special Projects: Fund, Account 123-98, to
the following.accounts
$ 59.35 to 126-99,rchair for police Department
80;.00 -:to 821-18, reconditioning brick steps at
-the Cammaunity Center
307.47 to 82i-99, furnace at. Junior Museum
?75..00 to 824-99 =water heater at Junior Museum
--2 488:.39 to 123-..99A., Model 1250 Multilith machine
CC
Cr
Transfer of'$37.86,from the unappropriated balance
of the Machine Shop Fund to 907-99 for ladder for
the use of the -maintenance crew.
Transfer of $371.00 from the unappropriated balance`-
of::the Stores Fund to Account 903-03 for Office
Supplies.
Transfers from` the Manager's Contingent Fund,
Account 1067 -98 -, to the following accounts:
$6+4.81 to 105-99; equipment for Planning Officer
77.78 to. 119-99, lighting fixtures for Police
Judge
50-.00 to 14+8--99, scales for Park Department
Transfers to increase appropriations for insurance
expense'>because of increased valuations of city
property
Frorn.the unapproptiated balance of the General
Fund to the following accounts:
58.13 to /26-06
55.02 to 127-06
5i .80: to-- 128-06
600.78 to 701-06
389.38 to 820-06
133.-37: to 82106
37.50, , to 822-06
112.82.: to 824-06
400.34 X0:830-06
19.06 to131-06
$
141
Also 424.99 from the unappropriated balance of the.
Stores Fund to 903-06
233.42 from the unappropriated balance of the
Electric Fund to 3948
62.30from the unappropriated balance of the
Gas Fund to 4948.
On motion:of Gaspar and Drysdale, and by unanimous
vote on roll call, the recommendation of Committee No. 4 was
adopted and the transfers authorized.
Bond Issue, City Hall Site
Resolution.No.. 2204 determining the necessity for a
bond issue for the purchase of additional land and for
improvement of the. City Hall site was presented, and on motion
of Blois and Gaspar was adopted on roll call, with 12 Ayes,
Hill votingNo. During the discussion Councilman Hill objected
to having a special election for this purpose.
` The Council set March 18, 1952, as the date of the
special election on this bond proposition.
Acceptance of Deeds
On 'motion of Gaspar and Montrouil, and by unanimous
vote on roll call,Ahe Council adopted Resolution No. 2205-
accepting deed:from Lowell:0. Lambert, Helen M. Lambert,
Ray G.` Lambert: and..Eugenia•`Lambert, covering 17.992 acres of
land on Dist Road purchased by the City (formerly the Freitas
property)., and also adopted Resolution No. 2206 accepting
a deed from Roy P. Emerson, County Tax Collector, covering a
strip of land in-Block'21.
.,s
•
TT4
Q
tqJ
Weed Abatement
Resolution No.-2207,declaring weeds to be a nuisance
and setting a,hearing'on the matter for January 28, 1952, at
7:30 P.M', was read,"and on: motion of Gaspar and Hill, was
adopted by unanimous -vote on -rol]. call.
Closing:Portion--of Rhodes Drive.
Resolution No. 2.208 approving map showing the closing ,
of a portion of Rhodes.Drive<between Channing Avenue and Hamilton
Avenue, between Hamilton' Avenue: and Hilbar Lane, and between
?i115ar Lane and Edgewood Drive, wa.s.. read, and on, motion of
"Marshall and Blois, was adopted'on roll call with 12 Ayes,
Mrs. Hower not voting on_the Motion.
Resolution No. 2209 ofIntention for the closing
of these portions of Rhodes.Drive was presented, and on motion_
of Marshall and Blois, was adopted by vote on roll call, with
12_ Ayes, Mrs. Bower not voting on the motion. This provides
for a hearing to;be held an;Eebruary 11, 1952, at 7:30 P.M.
Project 50-1, Street Lighting Reconstruction
Resolut.iori.No. 2210, directing making of emended
assessment of Assessment No. 993-A and 993-B, Project 50-1,
was read, and on --motion of Cathcart and Montrouil, was adopted
on roll call with 12 Ayes, Mrs. Bower not voting.
Project 51-5, San Antonio Annex Sewers
Resolution No. 2211, directing making of amended
assessment of Assessment,No 955-B, Project 51-5, was read,
and on motion of--Cathcart.and Montrouil, was adopted on roll call,
with 12 Ayes, Mrs. Bower ,not voting.
Parking Ordinances
Ordinance No..1374 es tabl:iehing "No , Parking" zone
on Enbai.'cadero Road from the Southern Pacific right of way to
El Camino Real, was given second: reading, and on motion of Gaspar
and Bishop-, was. adopted by raanimOlI vote on rola. call.
Ordinance NO.
1375,:.establishing two-hour parking
meter zone on Forest Avenue between Alma Street and Bryant Street;.
and on Bryant Street between Hamilton Avenue and Forest Avenue,
was given second reading, and,, -on ,motion. of Cashel and Miller,
was adopted by unanimous -vote :on zo11 call.
Ordinance No.: 137:6, establishing "Park Off Pavement"
zone :on Wells Avenue, was given second reading, and on motion of
Blois and Gaspar,`, was adapted, by unanimous vote on roll call
Ordinance No. 1377, establishing "Xo Parking" zone
on Urban. Lane and on Homer.. -Avenue. near El Camino Real, was
given- second reading, ; and ;on motion of Blois and Gaspar, was
adopted by unanimous vote on roll call.
Amendment to Zone Map
Ordinance'No. 1378,, amending the Interim Zone Map,
rezoning area southwesterly of Middlefield Road and south of
Charleston Road -from R --1:B-8 to..R-11B-7 was given second reading,
and on motion of Hill and.Montrouil, was adopted on roll call
with 12 Ayes, Drysdale:not voting on the motion.
143
Controller.'s Report
The monthly report of the Controller was received and
placed on file.:
Settlement of: Damage Claim
On motion of. Blois and Gaspar, and by unanimous vote
on xoll cell, the Council approved a warrant in the amount- of
$10,000.00 payable to -Howard C. Wolfe and James F. Boccardo,
his attorney, in settlement= of damage claim of Howard C. Wolfe
and Betty Jear.. Wolfe It wras explained that this payment would
be made from$25,000;00,_.
the'-Pub],ic Liability Fund: that the suit was
settled for $25,000:'00, the insurance company -paying the balance.
Flood Control
--The City Manager,reported that a meeting had been
held to :review the flood control situation in the northern
part of Santa -Clara-County and that representatives of`Mountain
View, Moffett Field,,"Sunnyvale, the Matadero Mosquito Abatement
District, Santa Clara 'County, and Palo Alto were';present
At the request of the County Manager the group was enlarged
to consider -the matter on a County level, and a further:meeting
was held in San Jose in which al -1 interested cities participated.
At that time a committee ,was organized to approach :Federal and
State authoritieS*wlth request for aid in flood control.
The City Manager brought the matter to the Council's
attention at this tiine'::as`he has been par.ticipating;in the
meetings;;,and has been selected as chairman of the committee.
He pointed.out'_that-the program would probably be extended'over
a period 'of several- years, and would involve a great deal"‘of
time and:work`on the -part of the committee.
On motion, the Council adjourned.
APPROVED:
Mayor
ATTEST:
er
NNW