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HomeMy WebLinkAbout02111952.�.�.��-..+.w........-ww..�.++wva•I �.wr�n'�v_v�'�1�Auv!•' fi�:..�'T :�...�,. •�.Ms.rH.i.� -. 152 C City Hall, Palo Alto, California, February 11, 1952. 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, Cashel,.'Cathcart, Gaspar, Hill, Marshall, M111er, Mitchell, Mon.trouil, Simpson. Absent: Bowden, Bower,; Drysdale, Wickett. The minutes of -the -meeting of January 28, 1952, were approved. Project 51-15,• Loma Verde Avenue et al Resolution No. 2220 of Preliminary Approval, Project 51-15, was read, and:.on motion of Gaspar and Hill, was adopted by unanimous vote -.:on roll. call. On` motion" of,Mont-rouil and Gaspar, Resolution No. 2221 of Intention,, Project 51-15, was adopted on roll call with 10 Ayes;, Cashel voting No; This resolution provides for a hearing to be held on February 25, 1.952, at 7.30 P.M. Project 51-16, Homer Avenue et al Resolution No. 2222:'of Preliminary Approval, Project 51-16, was read, -and on motion of Montrouil and Gaspar, was adopted by unanimous vote on roll call. On motion of Montrouil;and Gaspar, Resolution No. 2223 of Intention, Project 5a.-16, was adopted by unanimous vote on roll call. This resolution provides for a hearing to be held on February 25, 1952, at'7:30 P.M. (Mr. Bowden came at this time, 7:40 P.M., and Mrs. Bower came at 7:45 p.m.) Project 51-17, Bryant Street et al A continuation of the hearing on the preliminary proceedings for Project 51:-17 was held at this time. Mr. Leland Brown addressed the Council, representing a number of property owners who object to being assessed for the proposed improvement, c3.aimirg that they had previously paid for' the improvement of Bryant Street. He presented letters from Alice M. Kelly and George J. Peirce, and a petition signed by 14 property owners.,'-. Mr George T. MacLachlan also spoke in protest to the project. , Letters approving the project were received from Homer W. Reed, Mrs. Z. Q. Brett, and from Rufus H. and Dorothy A. Kimball. closed. There being no others to speak the hearing was declared This ,was .also the time for a hearing on Resolution No. 2214 of Intention -to 'modify; the preliminary proceedings The proposed modification was explained by the City Engineer. The hearing on the=" -modification was declared open. There being. no one to speak on the matter, the hearing was closed.; 153 A -suggestion was made by Councilman Montrouil that the Council discuss the advisability of dividing the project, separating the ut°reet work from the drainage system. After discussion, it was moved by Cashel, seconded by Bowden, and carried that all matters in connection with Project 51-17.:be deferred to the next regular meeting on. February 25, 1952, at 7:30 P.M. Change of Zone, Third St. and Page Mill Road This was:tre time for a hearing on the recommendation of the Planning Commission to rezone Lot 5, Block 7, Hawxhurst Subdivision,. owned by Americus Neely, and part of Lot 4, Mock 7, owned by George M:. Smith, at the corner of Third Street and Page Mill Road, from M-1, Light Industrial District, to M-2, General Industrial District: The hearing was declared open. Mr ohn D. Jorgensen, attorney for Mr. Neely-, spoke in, support. of.theap.plication. There being no others who wished to speak on the matter, the hearing was closed. A proposed: ordinance rezoning the property in question from'M-1 to M-2 was accepted for first reading and referred to Committee No.. 1. Change of Zone, Charleston Gardens This w'as the time for a hearing on the recommendation of the Flaming Commission to rezone the portion of Charleston Gardens, Uhit No. 1, n.ow zoned as R-3, Neighborhood Apartment District, to R-1,:Singl.e Family Residence District. The hearing was declared'open. There being no one who wished to speak on the matter, the hearing was closed. A report was received from Committee'No. l recommendin, that an ordinance providing for this change of zone be accepted for first reading. , The -proposed ordinance was given first reading. Change of Gone,: Charleston and Middlefield Roads This was also the time for a hearing on.thelrecommenda- tion of the Planning Commission to rezone the property at. the southerly corner of --Charleston and Middlefield Roads:.from C-1 to R -1:B-7, to rezone the property on the easterly corner of Ch, arieston` and:Middlefield- Roads from C-1 to P -C -I (Interim Planned.Community)., and to rezone the area between the existing C-1 District -and the2boundary of Charleston. Gardens., Unit.No. 1, from -.R-1 to -C-T.; The hearing was declared open. There being no one to speak: on the matter, the hearing was closed,: The Planning. Officer advised that the proposed zone change is subject to; revision in the interests of the property owners concerned and the:City, that he is negotiating with the property owners.and.a revised -recommendation will be subniit.ted_ later. He;recoramended that, the Council take no action on the matter at this time In.'this connection a letter was received from Fahey, Castagnetto - & Gallen; attorneys for the owners of the: property proposed to be rezoned requesting that action be deferred so, that they might have an..opportunity to work out with the Planning Cfficer'a satisfactory plan for the rezoning of the area.,- .Action was deferred by the Council pending a further report from the Flannrg Commission and Committee -:No. 1. CC' ClosingRhodes, Drive This was .the .time fora hearingon the closing of'a. portion of Rhodes' Drive:between Channing Avenue and Hamilton Avenue, Hamilton Avenue and Hilbar Lane, and Hilbar Lane and Edgewood Drive: .The hearing was declared open There being 'no one who'- wished to speak on. the matter, the hearing was closed. Resolution'No.-222k, ordering the closing of portions of Rhodes Drive, was read, `and :on motion of Montrouil and Hill, was adopted by, unanimous vote`on roll call. Project 47-5 Loma . Verde Annex' Sewers This was the:tirne'for:a hearing on amended assessment of Assessment' No 32, Pr'o ect 47-5. The hearing was declared' open. There being no one to speak on the matter, the hearing. was closed. Resolution.No,. 2225, confirming amended assessment, was read, and on _moti'on of Gaspar `and Simpson, was adopted by unanimous vote on roll call. Project k8-1, Oregon Avenue et al This wa's the time for a hearing on amended assessment of Assessment Na. 396,' 'rojectk8 1 The hearing was declared. open. There being no one to speak on the matter, the hearing was closed. Resolution No. 2226, confirming amended assessment, was read, and on motion of Gaspar and Simpson, was adopted by unanimous vote on roll call. Project 50-,1 Street Lighting Reconstruction This was the time for a hearing on amended assessment of Assessments No. 993-A and 993-B, Project 50-1. The hearing. was declared open. There being no one to speak on the matter, the hearing was closed. Resolution No. 2227,,: confirming amended assessment, was read',.and on`motion,of Gaspar and Simpson, was adopted by unanimous vote on roll.eall.: Project 52-52 San Antonio Annex Sewers This was the time for a -hearing on amended assessment of Assessments No.. 623 and 955-8,' Pro:;ject 51-5. The hearing was declared open. There being •no one to speak on the matter, the hearing was closed. Resolution ,No. 2228 confirming amended assessment, was read, and on,motion of Gaspar and Simpson, was adopted by unanimous vote on roll 'call Building Permit Pee, Junior High School A letter was received-, from: Dr. Henry M. Gunn, Secretary 'of the Board of Education, requesting a waiver of the building permit fee for c©nstr-uction -of, the :yew Ray Lyman Wilbur Junior High S=chool. A report was submitted ;Jy Committees No. 4 and No. 5 recommending that the request be denied. On` motion of -:Blois and Cashel, the recommendation of the committees Was adopted and the request denied. 155. F2tition for: Box Culvert A petition, with 11 signatures, was received from owners of property abutting _on the drainage canal on Greer -Road between Oregon Avenue and Amarillo Avenue,,concerning the danger resulting from the uncovered, condition.of the canal and asking -.the City`to construct .a bO culvert'to connect with the existing_oox:culvert at each end of the.canal. This was referred to the City Manager'. and'Committee No. Chief Meter Reader e report was received from the City Manage recommending that the position ofr'Chief. Meter Reader be created at a salary of $336.00-$347.00 per month. .Committees No. 4 and No. 5 recommended that' the. position of Chief.Met:er Reader, Classification C-41, be established, effective as of February15-, 1952. 0n motion:of Bowden and Simpson, the recommendation was: adopted. Purchase of Loader The City Manager recommended that the bid of the::Buran Equipment Company, received on January 10, 1952, for a"loader, in the -amount of $8,167.90 less trade-in allowance,, be accepted. On motion of Gaspar and Blois, the recommendation was adopted and the bid accepted. Bids on New City Hall` The City Manager reported that the notice calling ,for bids for the new City Ha11:.w$s advertised today; that bids will be opened on March 6, 1952 at 4:00 P.M., that it i;s.hoped that the contract will be awarded by the Council on March 10th and construction started on March 17th. Mr. Leslie I...' Nichols, the architect, was present and. submitted plans and` drawing's of the proposed building. Resubdivisio.ns• Thefol-lowing recommendations were received from the , Planning Commission. 1. That the application of. Albert Lane for. resubdivision of portion of Lot 3, Block 16, University Park, be denied for=: th_e reason that the proposed lot split will.create'a lot with a 35 -foot frontage whereas a:60 -foot frontage is required. 2. That the proposed.resubdi.vision of portion of Lot 5 Wooster.Subdivision, as requested by Karl Worline, be denied, 3. That the.resubdivision of Lot 2, Block 320, Green Gables, be approved. .-That the resubdivision of Lots 8 and 9, Mayview Homesites, be approved. , Committee No. 1 reported that it concurred in these four recommendations-. On motion of: Gaspar and Simpson, the recommendations were Map of Va.n Auken Tract A report was received from the Planning recommending approval ofthefinal Co, react en map of the Var.Commission*. Trs�c, this map, 951. 'Committee No. ''l also recommended Auken Tract, rmnended approval of Resolution No. `229 approving map of . Tract was read, and adopted b vote the Van Auken by'unanimous on roll ca�i,. Ma Portion M LOt., 107-108 Wooster Sub. A, report was received from the:Planning recommending approval off' the 3 Cozrrmsl ssS -t 107 and 108, Wooster tentative map of portion of Lots recommendations dset forth in Enninee.inin cordanet nith Plannirg :Bulletin g '" 8� Bulletin 2� Planning B 52-7. COnmittee No. d 7 and g approval of the' map, 1 concurred in .On motion. of B1o1s and Sim son adopted and thotentof Blois a P , the recommendation was p pproved. Variances_ A report was received from the Planning Co i recommending approval of the.a t Pride an a `variance of the ` requireMentgpof 31 theiZoningon of sOrd nance� i the following interior lots Ln a ice or Tract No. 5$7. �rvolv�ng Lot 32, Block 5. --the Variance Is from the rear yard requirement, 2.2 feet lot 24 instead of 20 feet. , Block 2 - variance from rear meet;=' l2 feet insteadyard require - from side yard requirement, 13 tfeet r Lot 18 7 instead of 16 feet. ,` Block 4 r! - frorm side 5 -' feet `instead of lard requirement; fee,,. • The.:Commissiora-further on the followin x'e`commended that ,t, g corner .lots .In Tract No. the side line 16' feet to I0 feet 587 be reduced from Lots v,._ ; and 57Block 2, Lots '?.34-43.arid 4 Lot '21 Block 3 Block 2 Lots Cats 4 ,, '�3, :16, 36, 46 and 49, Block aid 4:0, Block 5' ComMit;tee No-.' 1, concurred' g �in recommending a of ; these varianc,.es . pnrova,l On motion of Blois and Bowden, the recommendations were adopted and the variances granted. Use Permit A report was -received ..from the Planning recommending approval o*' *. theapplication placation of Mre. D. E. Beebe a use a to house and care "or crib ► permit _ .Beene for— a ?uniting the xx, y "-b infants at 235 r recommended umber'to si), infants -Louis that this: use. permit be granted. Committee No. 1 It was. exp`3a:lned th�++- z"our lrifant wader- a `' Mrs. Beebe. is perait froz;. theState, andowsh�i.r. for fhu : nuxnfan Infants six. to increase govirait 157 A petitionwwas received from several property owners: and residents: adjacent to and near-. Mrs. Beebe's'house at 2351 Louis Road, .objecting to the granting of.the>permit After discussion, and on motion of Gaspar and Blois, the recommendation of the Planning Commission and Committee - No. 1 was :approved and: the use permit granted. Design Control A report: was . submitted by the Planning Commission reco,-nmending -that ;the app=lication of Mr-. Howard Ruth, Jr.. for design control approval of four apartment buildingsto.be erected on .Lots 16 and 17, Block -3.,• and Lots 2 to 7 inclusive, Biock 2, Stanford City, be rejected on the grounds that the -stairways are not=:enclosed-and .the plans are identical in architecture. Committee. No. 1.concurred in recommending that this appli"eation be denied - - Action"was deferred until the next regular meeting, pending receipt.of a written opinion from the City Attorney in regard' to the design control provisions of the Zoning Ordinance Church Plans.. A report was received from the Planning Commission recommending approval='=of the revised master developnient.plan for the Covenant:Presbyterian Church on Diss Road, assubmitted under date of January 17,:1952, on condition that the parking spaces between the -street and the building be spaced at right angles, and further that te owners may reverse the plans without further approval by the :Planning Commission. Committee No. 1 concurred in: the recommendation. On motion of Marshall and Montrouil, the recommendation was adopted and the plan, approved. Tentative Maps, Sterling Gardens No. 2 and No. 3 A reportwas received from Committee No. 1' recommending approval of the tentative maps of Sterling Gardens No. -2 and Sterling Gardens No. 3, which were previously approved by the Planning Commission. Councilman Simpson suggested that consideration be given to setting up regulations requiring a better type of housing so that constructioruin the future of the type of houses being built in Unit NO. `1-of:Sterling Gardens would be prevented. =Councilman Bowden agreed with Mr. Simpson's statements, and suggested that dome: action be taken to restrict such marginal lands_from.residentialuse. On motion of Bowden and Simpson, the matter ' was referred :to the Planning Commission and City Engineer. A motion wasmade by Blois and Montrouil that the recommendation of the.Planning Commission and Committee No. 1 for approval of the tentative maps of Sterling Gardens No. 2 and NO.- 3` be approved : There was considerable discussion on the elevations) ,in these tracts. The,engineer for the Sterling Terrace' Corpora- tion --was present, and informed the Council that they -expect to I maintain the present .elevations and have no intention 'of removing any dirt from these two tracts except from the roadways to adjoining Tots. 'On motion.of Miller and' Cashel, the motion was amended to: read that the tentative'mapsbe approved with the stipulation that:the present elevations as shown on the tentative maps of Sterling Gardens,. No. 2 and No. 3 -be maintained. This was adopted by the following vote` on roll call: Ayes: Bishop, Blois,-'13ower, Cashel, Gaspar, Hill, Marshall., Miler, Mitchell, Montrouil, Simpson. Noes: Bowden, Cathcart, Proposed Zone Change,"S derling Gardens A report was received from Committee No. 1 recommending that Lot 1k9 -:of the C. M. Wooster" Company's' Subdivision on the easterly corner of Greer-:Road:and:Co.lorado Avenue be rezoned from: R-1 to P--C-z ,.(instead of `P -C 'as:.previously recommended by the Planning Commission),:but that -'action on a use permit for -- a neighborhoodshoppingcenter for this area be deferred until more information ` is available, - Action was deferred and the natter referred back to:. Committee No. 1- for'further study. Proposed Zone Change; 'airmeadows A report was received front Committee No. 1 requesting .further time for study. of the proposed rezoning of the south - :easterly portion of Tract No, 92,' Fairmeadows, from R-1 to A letter: was received from Matthew Stafford, representing Joseph L Eichler, the: owner of the property involved, requesting that further action be postponed as Mr. Eichler intends to file an ainendmert . to his application. Action was :deferred=and Committee No. 1 was granted further time for study of;the'matter.. Project L9-10, Amarillo Avenue et al A report was received from Committee No. 1 recommending that, extension . of . time ;to June ..I5,, 1952, to . granted to the L. C. Smith. Paving Company for completion of - contract for Project: k9-10, Amarillo -Avenue. et al, in accordance with recommendation. of the City`Englneer. . On motion. of Gaspar and Cashel, this extension of time, was granted. Project 51-1, Third Steet"et`al A report was submitted by Committee No. 1 recommending that: extension of time `",to Apri11;.15; 1952 be granted to the Freeman Paving`Company;.to c.amplete::the contract for Project 51-1, Third.. Street _ et al, in `accordance with recommendation of the City Engineer. :On motion , of Gaspar and Cashel, this ,extension :of tixie .was. granted;,` Request of Whisman: School District for -Sewage Service A report was received. from .COmm ttees No. 4 and No.. 5 recommending that there -be no change:.in the policy regarding sewage service outside: the city" limits, and that the request of the Whisman.SchoolsDistrict for sewage service for a proposed new school -;be . denied. `.: T:hs committees advised that they took this action --with• regret,, but wished" to call attention to the fact that in the: 'last storm the Palo Alto sewage plant was _-' 159 operating ,to its maximur' capacity and therefore the committees felt it would be unw.se to. accept any additional load" A motion was made by Gaspar, seconded by,,Bowden, that therecommendation be adopted, -Mr'. Lloyd 0.. Seiler,, Superintendent of the Whisman School District,.addresaed the Council in support of their request. , He advised that_the School District' is willing to bear"all costs, of the connections to the City sewage system and would submit all :plans to the City for approval, and offered to pay _the sum of $5, 000.00 for the privi1ege: of connectin to the system and; 'a yearly fee for use of the facilities-. Mr. Se1'ler asked the Council to consider providing service on a temporary basis,:if.the proposal. as outlined is not. approved. of the -After discussion, the motion to adopt the recommendation committees and"deny the request was carried. Request:of East Palo:Alto Sanitary District. -A report was,.received from Committees No. 4 and No. 5 recommending that. the request embodied in the communication from the East PaloAlto Sanitary District of January 19, 1952, for annexation'of the -Brentwood property be denied. The committees -further recommended"tha,tthe Council authorize the:East.Palo Alto Sanitary District to:annex:this controversial area provided the Sanitary District- is. willing to negotiate a new contract. Reference wag made to the existing contract and to the violation <of ;the contract in connectin houses in -the Brentwood" Tract to. the -system without permission of the City.' 0n:motion of Bowden and Gaspar, the recommendation of the committees was adopted. Health ServIdes A-. report was:: received from Committees No. 4 and No. 5 recommending: the adoption of a resolution consenting that the County' Health; Officer -shall enforce and observe orders and rules:prestribed by the..State Department of Public Eealth and enforce Statutes relating;.to the public health, It, was pointed out that it isnecessary_that a certified copy of this resolution be filed with the Board.ofSupervisors by March 1, 1952, so that the administration of healthservices by the County may take effect on:.July.1, 1952,..thus carrying out the plan to have the County take over the health services for the City. Resolution .No., 2230 relating to the public health was read, .and on motion"of`Gaspar and Blois, was adopted by,unanimou; vote on roll call. Classification -Study-- and Pay Plan A report was s.bmitted by Committees No.. 4 and No.. 5 re.comanending that thecity Manager be authorized to enter into an agreement with a qualified firm to male a position classifica- tion study and pay pl,an,".and, that the necessary funds for the purpose.be taken from'the'Special Projects Fund. adopted. 0r `motion of Blois and Bowden, the recommendation was Transfers of `Funds: A report was., received from Committee No. 4 following transters:of funds be authorized: 1. Transfer of -42,-000,00 from the '.inappropriate balance of "the General : Fund• as follows: : recommending $"1500.00 to:Account 131-32, incidental expenses - T. on.street Procedures 500.00 to Account 173-09, refunds • 2. $50.50 from the Manager's Contingent Fund, 106-98, to Account 173-05, expense at Plumbing :. -,Officials Conference. 3'., $30.00 from the ?Manager's Contingent Fund, 106-98, ' tc. 170 13, Airport account, for current for Pump: in ; the :;,lough. $597-•27 from.the unappropriated balance of the .Genera;. Fund -to Account 157-71, increase in taxes ,on Stanford lands. 5: $200.00 from Account 123-`98, Special. Projects Fund, to 128-18," for painting exterior wood trim at the Animal Shelter. 6. $809.28' from the unappropriated balance of the - Equipment Fund to Account 901-99, to provide; additional funds needed for purchase of tractor in accordance with bid of the Contractors Machinery Company which was accepted by the -Council ;on January 28, 1952. On motion ofMarshall:and Simpson, the recommendation Graz •adopted' and the, transfers were authorized by unanimous vote on roll: ca11.`' Closing "Portion of Lucas Lane .Resolution No. 2231 approving maxi showing the closing of a portion of` -Lucas Lane, was read, and on motion of Gaspar and Montrouil, was'<adopted"by rote on roll call, with 11 Ayes, Cashel voting No and Mrs. Bower not voting on the motion. Resolution of 1r.'tonti.on ;No. 2232 for the closing of a portion of.Lucas Lane was- read, :and on motion of Gaspar and Montrouil was, ad -opted by voteor_ roil call., with 11 Ayes, 'Cashel voting No and Mrs . Bower riot ,voting on the motion. This resolution provides fora hearing to be held on March 10, 1952, at 7:30 Re ell `off° obsole.t�e Traffic Ordinances Ordinance No. 1381, repealing Ordinances 939, 1066, 1168, and' Subsections; -(a), (e;)., (f), (g), (h) and (1) of Ordinance No. 9.5$, . ce1ative' to no -parking and loading zone:;, - was given secondreading, and•on motion of Bowden and Miller, was adopted by:unanimous:�vote on roil call. Amendments to Zoning 'Ordinance Ordinance No. 1382, -amending Sections 3.05, 4.µ2,,4.81, x+.82, 4.83, 5.01, 5.02, 5.03, 5.15, 5.17, 6.01, 6.02, 6.03, 6.15,; 6..17,:, 9.18, 22.06 and 22.07 :of .the Zoning Ordinance, was given second reading, and on motion of Gaspar and,: Simpson, was adopted 161 on roll -call, with 12.Ayes, Hill voting No. During. the discussion Mr. Hi11 had asked that'action be postponed until the next meeting. Election Ordinance Ordinance No. 1383, calling a special election to be held on March 18, 1952 on the proposition of incurring:a bonded indebtedness in the amount of $100,000.00 for the addition and improvement: of municipally owned property at the corner of: Newell Road and Ernbarc.adero Road,. was presented, and .on motion of Blois and Montrouil, was:adopted by unanimous vote on roll call of all -council members present. Mr. Hill was absent during the roll call.; Report of, Controller :The monthly report of the Controller was received and placed On file (Councilman Bowden left at this time, 9:30 -PM., and was absent for the rest of the meeting.) -. TneCouncil took a recess at this time and after meeting as a committee of the whole, reconvened at 10:15 ?.M.: Sale of Improvement -Bonds of 1951, Series 3 The Council .was informed that no bids were received from bond houses for the sale of .$70,000.00 City of PaloAlto Municipal Improvement Bond s of 1951, . ;.Series 3, at the time set for receiving and open'tng:.bids, 4:00 P;M, on this date, February 11, ].952. On rr,.otion of;; Mrs. Bower and Blois, and by unanimous vote on roll call, the:Counc;il adopted Resolution No.:2233 directing theCity:Treasurer to purchase said bonds for the account -of the City, tobb.e held in the City Treasury as an Thvestrnent, on_:;the following basis: At the par value and accrued interest to the .date ofdelivery, together with a premium of $3+0...00, ,said bonds to be dated March ,, 1952, and tobear_interest and mature as follows '$20,000".00 par value bearing interest at the' -rate or 3I% =per annum:, maturing $4,000'.00 each year on March; 1, 1953 'to March 1, 1957, both inclusive. $20,000.00 par value bearing interest at the rate - 'of 1 p.er annuri: maturing $k, OOO.00 each year on :March1, 1958 to`March 1, 1962, both inclusive. $30,000'.00...par value bearing interest at the rate -- of 1 3/ per annum, maturing $3,000.00 each year on March 1, 1963,1 to March 1, 1972, both inclusive It was ointed outthat the average interest rate on this basis is 1.824? per cent. Employment of Assistant Engineer The CityM1Manager;recommended that the classification of fitterbe abolished, and -that the classification of Assistant Engineer, at:salary range:.of $385.00-$473.00 be established, and that the sum of $175000 be transferred from Account.2791 to Account 2761, to cover the,,: sala ,-, balance the cO er fiscal for this new -position bal this an e. of th fcurrenem sc y He explaied at for the P s'�nezzt� we D : vislo Qna1 . technical assistant.. for the- Water, Gas Sewer Dwvision, On motion of Montrou i and a was adoptedand the transfer authorized bSOun the recommendation vote roll"call by voto on .ayor