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HomeMy WebLinkAbout02251952C1t3,. Rail, Palo Alto, 25,' 1952°rn1a a session The Ga di1 Ro31 c&I1 as+ipx wls tse.atf"7 30he Git of Palo F.M;, with �° Mimet n regular resent; I# ZY $'` °wden Ca X11 Aresid a ,EowdMiller;Mitchell, she1, Ong Absent:, $1121; 'Bower; Mi ache 1, Cathcart, ul Drysdale approved .The minute ewer, Marshal'' �i1' s sozi, Gaspar, �'icket;t. $ °f the meeting of e Frp: eo Rec. b ax"y 11, 1952 ImPravemen was t eation Fac..it Im. were No bids. t Fro�eC� he.:t e:set for ro�m�ntV Wee : recei,l.ed ° • 52--3, for recreation opening of bids on for this work a3 City' a a er facility pro foi�ows� $ubz�itted the ,City improvement Ste i 1: Engineer's estimate titnate Miscellaneous Item swimming Poo Items °f work o ' Misce,j piping n d showers a d 3 items of $S.,000.00 " f lavatories work on as The o.t ao.00 in oed: to the Y Manager Total -_ Gas rdanGe $ineez'in recommended $8,40O.00 Par d; t with thy,,- g depart that t iota on M tro.�zi t ginger r merit of this A„o _ ro.I3 ca�1; , th taco s estimate e City oJ�ect be e th pre zmnenda.ion 4n � Fa10 Alto ���� V, � was adopted by .of una1'imous °� $1�nt fihis e�'�e�9v=���' et wAs t 1 pn to eke he time ,or --�--al 5 fine hag acq.i$iti a hearing A � � ring was�declar�d �.mprov Resolution A;, W�. R11 attar � �,: ed open. �anents� .�, No, 2221 Guidon eye M: ; $s' receiv z'° act 2'ox. fro . to atl 8 tizi hsey; Ma x►5 frOm Fr k G. an m the, assessmentna$e and rptiopo$ed assessment s Lessme o andNoge, Otto "ass ssment�i' his �I1district $ti that het °n heirnder �y for nts yn:..further�:.Fro e t dressir ed thex dad the hearingThere being of to the s council --,-;. d.-- , hers. who sewer had to s Lion . o R o,�ttt wished speak:On s adop a intent/On was fir' 2234 overruling er the matter otion. xI . c�12 $d'' d on ruing protests with -1.0 .motion of on the ord Onmo Ayes, C2hel ten 'and M ntru» 1mpr8vng:$eg�f,s���a ot` $°�.d�n vdtln�' on the1.�, ement nd ns and i0 tin has a conF't d "reserving' a uris Re i hei riot , f Sesmen jurisdiction t�eh No. 2235 adopted on i-622-call with C` C.. on .motion- of .Bowden 'and: Gaspar, Resolution No. 2236 determining' that the public interest and necessity require the-. ,acquisition of easements_ for streets and the taking of immediate pos:sessinn thereof, and directing; the filing of eminent domain proceedings, wais:adoptedon` roll call with 10 Ayes, Cashel not voting.: On motion of Bowden: and Gaspar, Resolution No.. 2231 establishing prevailing wage scale was,. adopted on roll call with 10 Ayes, Cashel not voting. On motion of, Bowden and Gaspar, Resolution No. 223$ calling for- sealed propoeale,;. on= Pro.,3ect 51.15 to -be opened on March 21;:1952 at.4:00'P.M.:and:Ito be .considered by the Council on Mareh 24,, 1.952-7.at 7:30 P.M.,.was adopted on roll call with 10 Ayes Cashel not voting . Project 51-16,'Homer -Avenue et a This was the time for a hearing on Resolution No. 2223 • of - Intention to make' acquisitions and improvements, Project 51-16: The hearing was declared open. There being no one who wished to -speak on the matter, the hearing was closed. Resolution, No. 223.9`. overruling' protests on the Resolution; of Intention was read, and onmotion-of Bowden and Montrouil, was adopted by unanimous vote >on roll call. On motion of Bowden and Montrouil, Resolution No. 2240 establishing prevailing wage acale was adopted by unanimous vote on, roll call. :. 0n motion of Bowden and-Montrcuii,, Resolution No. 2241. calling for sealed proposals, to '`be:' opened on March 21, 1952 _at 4 :0.0`: P,,M. and to. be, considered by the Council on March 24, 1952, at 7:30 P..M.. was, adopted by.:unanimous vote on roll -Call. Project 51-17, Bryant Street et al All matters in connection with`Project 51-17, Bryant Street. et al,had been continued to.this date. The Council was informed that.additional letters and: petitions of protest from' 23 property owners=were presented to Committee No. 1 since the last Council meeting.' On motion of:.Montrouil.and Bowden, all matters in connection with Project 51-17 were continued to the regular Council meeting:: of March. 24, . 3952,: at 7:30 P.M. Project 52--4, Encina Avenue et, al A repoort was received from . Conmtit:tee No . 1 recommending that proceedings be started -6r the ImproveMent of Encina Avenue, Wells Avenue,, Homer'Avenue and Urban Lane On motion of'Montrouil and Bowden, Resolution No. 2242 of Preliminary Determination for this work, Project 52-4, was adopted by unanimous vote on roll call. This resolution provides for a hearing on the preliminary proceedings to be held on March 24, 1952, at 7:30 P.M. Willow Road Annexation A letter was received from the City Attorney of Menlo Park requesting executionlby the Council of a."Consent to Annexation" of territory known as "Willow Road: Annexation" to the City of ' Menlo Park, in conformity with provisions of the Government Code. 0n:.:motion-of•Bowden and Montrouil, the Mayor7andd City Clerk were. authorized to'sign the consent. Claiars 'for<Damages A: claim was `received from ?Robert L. Jepsen in the sum of ,$182:.00: for damages to his .etation wagon which was .involved in a collision :with a motorcycle operated by a police officer of.; the' City ;of Palo Alto. This was referred to- the -City Attorney -and CommitteeN6 5 A claim way filed by Perry J. Schott and Helen Schott in the' sum, of $700,000004 in connection with the arrest of their minor son,,Gilbert:Schott. This was referred to the City -Attorney and Connnittee No.. 5. retirement of Asst. StateHighway Engineer A communication waereceived from a committee of employees or.Distric:t IV, Division of Highways,- concerning plans for a dinner party : to, be held on ;March 29th at the- Fairmont . Hotel in : San ,Franc.iscoHin honor of Col-. John H. '.keggs, Assistant .state Highway! Engineer, upon the occasion of his retirement from State service. An invitation was extended to council mennbers and city officiais' to attend the party. Project 52--2, 69-KV Electric Line The City Manager presented Improvement Plans No. 52-2 for the construction..of the 69-kv overhead electric line from Substation :B,=lo.cated:on Alma Street between Homer and Charming, to Substation.0 at,;0regon Avenue -and Alma Street. The plans and specifications for this proj.ect.were approved.. by the Council, and the City Manager was, authorized to _call for bids to be received at 2'00 P.M. March 6, 1952. Request of East Palo:Alto Sanita District. A. letter was; received. -from the East Palo- Alto Sanitary District in reference to the letter sent to them by the City Attorney under date of ;January 12, 1952, concerning the breach of their contract by permitting sewage to be discharged into the system without permission of the City of Palo Alto and giving the District 60 days in which to cure the breath..: The District requested that; further consideration of -the entire matter be deferred 1'or , a, petiod, of an additional two months or .until May ..15 : 1952. on motion of Bowdenand Gaspar, the Council directed that, :the: East. Palo Alto Sanitary District be notified that their request for an. ex-.tenslon.'of time beyond the period stated in the City.Attorneyss*Ietter of January 12th is denied:. . Jse Perth, C. A report, waa.received from the Planning Commiss0.on • recommending approval` of the- application of Dr. T. D.:Shaw for a use perit for medical-dental.o'ffices at 915 Cowper Street, on condition that .the setback= line of . the bui iding ' from; the - rear property' is. a `minimum `of 32; feet, thus' providing one_ more parking space; and that the two live oaks -be preaerved,by having -no :ga1.1 -construction closer,,than.8.feet, and -by providing means for - irriga:ti.on, drainage- and,root aeration -and feeding. Committee No 1.rec:ommended that the use permit be granted'`with- the; condition. that the, rear setback -line be a m3nimum'of.-31 feet,:but without the condition recommended.by the planning-Commisaion_ relative to preservation of the live oak trees, `a the committee felts this was not a proper condition upon which to` base a use,:permit. On motion of -Cathcart and `Fill, the recommendation of ommittee:No. 1 was adopted and the`use permit 'vented accordingly. Proposed.Zone Chane, Emerson Street A report was received from the Planning Commission recommending approval of .the:app,lication of George -W. Harnik and: others- for a change' of zone `on' both --sides of Etner, son Street between Colorado Avenue and Matadero'Cana). from R -3-D to R -l. The -Commission explained that the, recommendation is based on the request of 62 owners of p±ngie,family residences, being approximately $7.:per:cent of the property owners in the area. Mr. Harnik was present and spoke in support of the application for change of zone, requesting the Council to consider .the adoption of an- emergency ordinance to: prevent the erection of any buildings other than single;: family residences in this area Attention Was called to- the design control approval previously given to John KryBial for' the ` erection of a six -unit -::apartment building on Emerson Street south of Colorado Avenue ., Krysiak has not yet taker out; the building permit for this project.. On motion of. Hill an&Oaspar, a. proposed ordinance providing for the rezoning- as recommended by the Planning Commission was accepted for -first, .reading, and a public hearing on the proposed ..zone change ' was set for March 10, 1952, at 7 i 3.. P.M: 4 Proposed Zone Change; Coastwise Construction Co. A report was received- from. the Planning Commission ::in regard to an application 'of ' the Coastwise Construction Company for -M-2 toning, recommending teat , the area:' bounded by the easterly line of San Antonia Road, the northerly line of Charleston .Road, the easterly city limits; and a line 150 feet- northerly of Charleston Road be. rezoned from R-3 to M-1, and further recommending that :the area ,bounded- by the easterly line o.f 'Sari Antonio Road, aline 150 feet.' northerly of Charleston Road, the easterly city limits, and the southerly line of the 0-A .Dstrict`paralieling the Bayshore Highway, be rezoned from L -M -S to' M-2. The Planning'Commis,sipn reported'that it is requesting the,. County to provide.` similar'zoning in the adjacent unincorporated area. .'A proposed ordinance providing for the rezoning in accordance with. the recommendation. was accepted for first. reading, and _a hear ng on :the natter was set for March 10, 1952. Proposed Zone Change) Sterling Gardens • A .report :was. received:1'rom the Planning Commission recommending that that.'part: of'` the area shorn .on the Sterling .Gardens" Master Plan which is _ 150: feet; .from+. any part of Units 1 and :2 of Sterling' .Gardens , "and which. `is 150: -feet from Louis Road or the southerly_ extension -thereof, not now within the L -M -S District, be'rezoned•to A :proposed ordin"ance .providing for this rezoning was accepted for.first reading, and a hearing set for March 10, 1952. �"'�^."A"'.C'7,MfG:,••+:"fi.y4=!'rif:J."''ihWtll'agYiNnr��M�'ri Change . of Zone,' Third --and Page Mill Road A report was ;received from Committee No.: 1 -recommending adoption of the ordinance -rezoning :hot 5` and part of Lot 4, Block:7, Hawxhurs:t--Subdivision,'corner of -Third Street and Page ( Mill Road, from M-.1 to M-2. • Ordinance No.;1384 amending ---the Zone Mar, to province • for this rezoning was given'second reading, and on motion of Montrouil and Simpson, was adopted by tnatimous vote onroll call. Use Permit and P -C Zoning, Sterling Gardens. A report _ryas- received from Committee No: -1 recommending that a.use permit- begranted to -the Sterling -Terrace Corporation f.or.a::neighborhood shopping center. on the easterly ®riser -of - Greer<Road-and Colorado Avenue, in accordance with the: -revised plans submitted, and that the -ordinance rezoning this' area, Lat.149'-of'the C. M. Wooster'Subdivision,-from.R-1..to.P-C.be -approved. On motion of Hill and Drysdale, the recommendation. was adopted and the use: -permit granted. Ordinance No. -13155' -amending -the Zone Map to rezone Lot 149 of'the Wooster SubdivGision from R-1 to P -C was given second reading, and on motion of Gaspar and Blois,- was adopted by unanimous vote on roll`•call: Design Control: Reference was !Wade to a previous recommendation from the Planning. Commission_ and Committee No. 1 recommending; that the application of Mr. Howard Ruth, Jr. for design; control approval of. four° apartment buildings to be erected in. Blocks 2 and, 3 Stanford Ci=ty:; be rejected 'on the grounds that the stairways are not enclosed and the plans are identical in. architecture. A'ction.on the matter -had been deferred by the Council:at the last:hee:ting pending,, a written opinion from the i City Attorney d- -in regar to the design control provisions of the Zoniing Ordinance. The City Attorney submitted a copy of the. written Opinion .dated: December: 11, .1951., which was given by' his:office to Committee No.,l, in,,whioh,he advised that the provisions of the -Zoning Ordinance relative to design control were illegal and would.; act merely as:.a delaying device; that in his opinion regulations based upon aesthetics were not a proper exercise of the police :power.. A commaunication-:was received from Morgan Stedman, Chairman of the Planning .Commission, advising that a majority of the Commission'andthe Planning Officer believe that some sort of design control shot1d be retained and outlining the County's method.of handling design control problems. He pointed out that many citiea.,=and counties in the.+State have design control provisions, and asked that.the questionbe studied carefully before action is taken torepeal.the existing ordinance. A motion was made by Bowden, seconded by- Drysdale, that the Council as a Committee of the Whole have a.meeting with the Planning Coamni:ssion for.discuss.ion of'.the question, and that action on Mr. Ruthts plans be deferred pending such a meeting. After discussion, the motion 'was lost by the following vote on roll:call: Ayes:,Bowden, Cashel, Drysdale, Mitchell, Simpson. Noes: Blois, Cathcart, Gaspar, Hill, Miller, Montrouil. a 1,.. Chmd to modifl Yr pla�' by �q e� hoar car lines wes e�la�.'�e�;. guah�yl ��,e exterior �� xi fir • plans which. non. It 'tom that d :v tip e' as . n,st e thei VIII, anot look dente in t o the '01(01 d hnss i�.. o Committee o ► .tm the a ,xed,t ,e modifications odifi that .ac lane an to buildings so k mod, with his p bs Presents '� e has agreed to roceede Commission, aspossible proposed b d' member of �'ax' moved by co o�`°1. n� • A11� S. ��lr. •` Guth it was e rl�&icy r bs�tti o i le d� s uesio Coin -let]. � ,v f the drawings scat i n seconded er nnreide Bill, that he oi'toasts a nwi e vote $ Vi ae� . ' plans a rr by th Cathcart, to Mr • t �}xi Wad G8. a^G i11a naval. The Carp grta aUp ' ca11 s Cashed'' . 1 � Mo�.tr°�x 11 • to roll, «Ala a r a Mitche le r Simpson reed AY - Mil1e Drysdale has agreed the ��,11 � nn to ain ' � fGtn� ,. os s Bowden t and ins, eat �- " e;tcax Cnxc out a. wae, motion 01 ilannins to w4x�t t meeting n£ the pr, leemp with - the of and try* The o .n cu e t ied that etii� caner valved. after ad, e�1inee the. • d a to deli ems in 1952, t was dauinns an hold question of e F�''b1 � lC a date. .. en gree lar to set aeon c of that ,d some te. repo solution tat3v Gnu it � �� �.on bring in re lennlz��s ° zr�e• ,omznieei°;a the` at -that the ,l ,n n ted�Y on by matter eeup ved dram whaXe..he to be voted,the �,�,a�, receive as eue of 1:. report: vas reo bond '18 purpose � s ed ,oa:000", 0 ob oemuntpa 1Y"°t acqon bye. adri pee that the prop° li3t' a for .e ob cad: ' by improvement supporting people, a: Bade ° of and Ilewe .. the i the e of e'teat e pe°o d. improvement �'°ad property � hus exclthe usive etc the contiguous : uaar o inn: real e and ligh axe of the tees nntex ldin. °x thereon. as theopinion be i� ?alo Alt t n� �� thereof, i�c e��nn; and issue � �ra�th d,�ildi � ase a this r the future 2,243. acne ?t" the d W�a1 r ;�ea41'�'ti 2 covering opted n� tano� ,r� Deed .��dillrQp et,a 5, V12.5 Blots Acne tie of .. milli 14._ Sri -ax ant. f motion Seale.: Sub, hers ores 3a u t.� �1Qa1� 8���ci�:m� tip o f 1 of ,all roll. call, uGuior oa:unan,©udur„ : t� 7i. tin Ykeca'e ins oe ended. , by : absent Street, d�.re�tin� ot � , w�e�.,,dyi�na ink a on of all et � � 2,g��, 60: Pra �e adapted a�e`�nt during s ca . n7.0 par nt is • 7 .1 NOS air wa'` RQS_ .ismee g rese IV. B1 aesess'�enyyo soa present. ere of amen ed eea e,t Doti no's it members 1.0 AltIle.i ion :of this � 1-5 stir . d�:r�ct��a ad9 va�� o� tn� roll pAssessment e;ec 22 cOuncil 'Resolution � : ��0 � �. 51-5, � �� �� a� eat d'ur�n� oll call, e55 e' ou 1p ' r..$1 i9 °, par and hers present. . call' • 169 Change'of•Zone, Chax:leston Gardens Ordinance Na. 1386, rezoning a portion of,Charleston Gardens,:Unit No. 1, from R-3 to R -1 was given second reading, and'on motion of Montrouil and Hill, was adopted by'unanimous vote_ on roll call. Purchase of. Treasury Bonds -Resolution No. 22k6, authorizing the Treasurer. to purohase,at the market, from city funds held by him, $200,000.00 U. S. Treasury Certiticates, 1 7/8%, due ...Tilly 1, 1952, to be held in lieu of cash, was read, and on motion of•Bowderi.and Drysdale., was adopted by unanimous vote on roll call'. ATTEST: On motion•of Hill and Montrouil, the Council adjourned.: APPROVED: ayor er