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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