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HomeMy WebLinkAbout11101952City Hall, Palo Alto, California. November 10, 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: Blois,, Bishop, Bower, Cashel, Cathcart, Drysdale, Gaspar, Hill, Marshall, Mitchell, Montrouil, Simpson, Wells, Wickett. Absent: Miller. The minutes of the meeting of October 27, 1952, were approved.. 0ff,-S tr e'et Parkingg Plan, University Avenue District Projects 52-13 and 52-i4 This was the time for a hearing on Resolution No, 2381 of Preliminary Determination, Project 52-13, covering the area southwest of`Ramona Street, and on Resolution No. 2382 of Preliminary Determination, Project 52-14, covering:the district northeast of Ramona Street. :Before opening the hearings, the Mayor pointed out that theeprOpobalf2was worked out by a committee of citizens in the University::Avenue area; that there will be an opportunity to make adjustments and modifications in the plan, and a further hearing will be held later. He also pointed out that. the hearings . thin ,,evening on the preliminary proceedings are only for property owners> in'` the proposed assessment districts. The City Attorney advised that the only determination to be made at this time.is whether the public interest:and necessity require the acquisition of parking lots, that. the proposed plan is not final, and that questions on location of the lots,, appraisals of the property to be taken, and hardship cases have yet tobe considered. The hearing on Project 52-13, covering the area southweat of Ramona Street, was declared open. The Mayor' reported that letters of protest have been received from the following property owners in this district: Pierre and Stephanie Casaurang Catherine M. Rosebrook L.' E. McClellan and Elsie M. Whitling 318 Emerson St, 336 Emerson St. 227 University 'Ave. The following addressed the Council opposing the project: Lee,W, Rodgers, attorney representing Mary J. Vlahos, owner of the property at 323 High Street, and Mrs. Stephanie Casaurang, 318`Emerson Street. • James Armstrong, owner of the property at 420 Ramona Street, asked questions concerning the use of parking meter revenue and assessments on.city property. There being no others who wished to speak on Project 52-13, the hearing'was closed. CC Cr .The hearing on Project 52-14, covering the district northeast t Ramona Street, was declared open. The Mayor reported on the receipt of the following cOrn uniea:tions : A letter from Sprouse -Reitz Co., Inc. in favor of the off-street parking `plan. Letters'from aenumberof people who are not property ownersin the, district, but are tenants or patrons of businesses affected. It was pointed out that the protests from these people have no legal standing. Letters of,prote.st from Costello, Johnson & Rodgers, representing Elsie 'M..Whltling, co-owner of property at 352., Everett, Avenue, and Mary Orlando and Ethel Mitchell, ;owners .of property at 420 Waverley Street and k26 WaverleyStreet. Letter,from Julie B.'Rodgers, owner of property in Block 37, requesting an opportunity to discuss the matter with a committee before any positive action is taken. Letter from:Anita L. Byxbee, owner of property at 535-539 Bryant Street, indicating she has no objection to giving up part of her property but wishes to retain 35 feet adjoining the present building. Written protests from property owners opposed to having their land taken, including the following: Eva R. Umphre;s 301 Bryant Street Christine Hurd 335 Bryant Street Mrs. M. D. Hemstreet 335 Lytton Avenue Maybelle A. McClellan 352 Everett Avenue Paul Kegley 65# Gilman Street Laura Dean 642 Gilman Street Erna•arid Iika Wiechman 425 Waverley Street Nellie May Stroner 431 Waverley Street Harvey and Ellen M. Nixon 430 Kipling Street Stephen' Koss 443 Kipling Street All Saints' Episcopal Church Waverley Street and Hamilton Avenue John Pantages 538 Cowper Street W. H. and:Pearl S. Shaw 542 Cowper Street The following.addressed the Council opposing the oft - street parking -project as proposed: Melbert B. Adams, attorney, representing Mr. and Mrs. Harvey Nixon,' Mr.:and and Mrs. Herman Schwabe', and Mr. and Mrs. Stephen Koss, owners of property at 430 Kipling, 437 Kipling and 443 Kipling respectively'. Paul Gibson, attorney representing Bruce Gibson, ownerof property at. X3'1 Kipling Street. Stephen Koss, 443 Kipling Street. T. 0, Dowdell, representing All Saints' Episcopal Church. Grant Olaine, 426`Kipling Street. Harvey Nixon, 430 Kipling Street. Ethel Mitchell, k26,Waverley Street. Mrs. Davis representing Mrs. M. D. Hemstreet, 335:Lytton Avenue. 293 Lorenz Costello, attorney representing Mrs. Mary Orlando, 420 Waverley Street, and Mrs. Ethel Mitchell, 426 Waverley Street, indicated his clients might be willing to cooperate ina modified plan. He suggested the City try to purchase properties before trying to acquire them by eminent. domain. Walter,Bruce, 415 Florence Street, informed the Council that he did not particularly object to selling his property.but would like to have an opportunity to discuss the price. The following addressed the Council in favor of the off-street parking project: Frank Crist, a property owner, in the district and Chairman of the Citizens Committee for the University Avenue area. Kenneth R. McDougall, property owner in the district. Charles Elle:t, 537-54+3 Cowper Street. There being no others who wished to speak, the hearing was- declared closed. A recess was taken at this. time and the Council reconvened at 9:25 P.M. A motion was made by Montrouil, seconded by Hill, that action on resolutions overruling protests and determining to proceed without compliance with the Investigation Act be deferred to December 8, 1952. Ernest Wilson, attorney for the City on improvement proceedings, explained the procedure, advising that the decision to be made in the proceedings at this time is whether there is any public convenience and necessity in proceeding further with the project; if the Council determines that it is of public interest and necessity;' to acquire off-street parking then the. Council may,, enter into further proceedings, including adoption of a resolution :of intention, engineer's report, appraisal of, the properties to be taken, preparation of plans and specifica- tions, estimates of cost, and a second hearing. At the end of thesecond hearingthe Council may order the acquisitions and improvements and finally determine the boundaries of the district to be assessed. Mr. Wilson pointed out that it is planned to have the proceedings contain a reservation giving authority to the Council to make a contribution from the parking meter funds toward the bonds to be issued; that the City would have no right to make any contribution from any funds except parking meter revenues. The motion to defer action until December 8, 1952, was carried. C3.aim for Damages A claim for damages in the amount of $500.00 was filed by Mrs. Bertha'M. L'Heureux on account of injuries incurred in a -fall on the sidewalk on`University Avenue near Bryant Street. This was referred to the City Attorney. 294 C4 Petition for Increase=in Bus Pares A copy of ,:petition of the Peninsula Transit Lines before the Public Utilities Conmaission for authority to increase rates. was received for the Council's information and was placed on file.;. Weed Nuisance Resolution 3o. 2384 declaring weeds to be a nuisance was read,, and on,motion of Gaspar and Montrouil, was adopted by' unanimous vote on roll'call. It.;was pointed, out that this resolution is passed in, accordance with the provisions of Section 32.02 of Codified 0rdinance. 5, and provides for a, hearing to be held at the next Council meeting' on November 24, 1952 Bids on Fire Apparatus The City Manager made a report or the bids received on October 8, 1952,. for.furnishing.a 1,000 gallon pumping engine, with the recommendation that the bid of P. E. Van Pelt, Inc., in the amount. of `$17,867.05 including sales tax, be accepted. On motion of Simpson and Cathcart, the recommendation was adopted and the bid of P. E. Van Pelt, Inc. accepted by unanimous vote on rola. call. The City,Manager was authorized to review the funds with; the Controller and determine' later What fund is to be used to make' the purchase of this equipment. Appointment of Electrical Engineer The City Manager submitted a communication recommending the appointment of Mr. E. k. Heath as Chief Electrical Engineer for the Division of Light and Power, effective as of November 24, 1952. 0n motion of Cathcart and Drysdale, the appointment was approved. The Mayor was requested to send a letter of appreciation to Mr. William R..Hewlett,•Mr.'Walter C. Smith, and Professor Hugh Skilling, who served as an Advisory Selection Committee and interviewed applicants for the position. Gift from PALO Club The City Manager reported that the PALO Club has agreed to purchase a large television set for the Recreation Department to replace a small set which the club gave to the department a number of years ago. On motion of Gaspar and Montrouil, this gift was accepted and the Mayor was requested to send a letter of apprecia- tion to the PALO Club. Variance and Redivlsion of Lot (Cavagnaro) A report was received from the Planning Commission recommending that the application of Robert 3. and Elizabeth C. Cavagnaro for a variance from the minimum lot size requirements of the Zoning Ordinance, involving the division of Lot 1, Block 68, University Park, be denied on the basis that sufficient hardship has not been shown. Committee No. 1 reported that it was divided in its views on the matter and made no recommendation. The Planning Commission further recommended that approval or denial :.of the application of Mr. and Mrs. Cavagnaro for redivisi.on of Lot 1, $lock 68, University Park, which is located on Hale Street near University Avenue, should be in conformance with the decision of the Council on the application for variance. The Chairman of Committee No. 1 explained thatthe lot in questionis located in the R -1:B-10 District; that if the application is granted a lot of 7000 square feet would be created, and the members of the committee who opposed it felt that it would be considered spot zoning to make the change. Councilman Hill spoke in favor of the application, and a motion was made by Hill, seconded by Cashel, that the variance and the redivision of lot be granted. After discussion, the vote on the motion was as follows: Ayes: Blois, Cashel, Gaspar, Hill, Marshall, Wells. Noes: Bishop, Bower, Cathcart, Drysdale, Mitchell, Montrouil, Simpson, Wickett. The motion was declared lost. At the suggestion of Mr. Hill, the Planning Commission was requested to review the area bounded by Chaucer Street, Seneca Street, Hamilton Avenue and Palo Alto Avenue, and make a recommendation as to the zoning of this area. Variance (Moerdi'ke) A report was received from the Planning Commission recommending that the application of N. Perry Moerdyke for a variance from the,: parking and loading area requirements of the Zoning Ordinance ("S" Zone) involving part of Lot 2, Block 21, University Park, be denied on the grounds that sufficient hardship has not been shown, and that the requirements necessary to justify a variance asstated in Section 24.02 (a) of the Zoning;. Ordinance have not been met. In view of the action being taken to establish off-street parking lots in the University Avenue District, Committee No. 1 recommended -that no change be made in the "S'." Zone until the off- street parking program has been accomplished, after which the committee will recommend.removal of the "S" zone from the commercial area. On motion of Montrouil and Hill., the recommendation of Committee No. 1 was adopted. Applications for Zone Changes A report was received from the Planning Commission recommendingdental; of the application of Aro & Okerman for chnge of, zone on Lots 33 and 34+ Block 221, Bryson Park from R-1 to C-24, and. change' of Lot X35, ,Block. 221, from R-1 to 0-A, i and denial of the applioationof Enrico and Evelyn Nisi and 1 max W. Martindale for change f zone of portions of Lots 48 and 51, looster Subdivision, on the northwesterly and southwesterly corners of Loma Verde Avenue and Middlefield Road, from R-1 to C-1. The Commission .recommended that these applications be denied for the reason that it is opposed to any extension of the "C" zones on Middlefield Road in these locations. Bearings on these two applications were set for Monday,, December 8, 7:952, : at 7:30 P.M. 296 Desisn Control A report:was received from the Planning Commission recommendt g -that the application of Carlton Whitehead for design control approval of a,five-unit one-story apartment house on Alma Street between Colorado Avenue and El Dorado Avenue in Block 2, Stanford City, be denied for the following reasons: (a) The driveway ae shown on the plotplan is not in conformance with city requirements,,(b) The, likelihood of five vehicles backing into Alma Street traffic creates a traffic hazard, and (c) The unsightly app.earance,of open garages and vehicles standing in front of the property along Alma Street. Committee No. 1 concurred.in recommending denial of the plan Councilman Montrouii, Chairman of Committee No. 1, reported that Mr. Whitehead has Just submitted a new plan providing for four units' instead; of five, and with car ports in the rear, and that this `new plan removes"the'objecttons to his previous plan. On motiorn of 'Mont:r�ouil and Hill, the application of Mr. Whitehead was.apProv.ed�`in accordance with the new plan. Redivision of Lots Reports were,received from the Planning Commission and Committee No. 2. concurring in recommending approval of applications for redivision of lots, as 'follows: a. part ,of Lot, 688,:; Wooster Subdivision, at 737 Colorado Avenue, subject .to payment or segregation of Assess- ment No.214, Bend Series "TT", Project 49-10. b. Lots ?s, 5 `and<half of Lot 6, Block 33, Stanford City,. at 2951 South Court,: subject.to grant of five-foot utility easement and the payment or segregation of Assessment No. 354, Bond Series "UU", Project 5115., c. Lots 18 'and 19, Mayview Homesites, corner of Mayview Avenue:and`Grove.Avenue, subject to granting of utility easement and.the payment or segregation of Assessments.]o. 919and 920, Bond Series "RR", Project 51-5. d. Lot;'4"2', Mayv eW Homesites, 796 Mayview Avenue, subject; to granting of"`utillty-easement and to the payment or:: segregation .of ;Assessment No, 944, Bond Series "RR", Project' 51-5. e. Lots 20 and 21, Block 1, Homeland Subdivision, 2705 and. 2727 Kipling Street. f. Lots 41, 2 .and 43, Block 25, University Park, at 960 and 980 Waverley Street and 373-375 Addison Avenue,. g. Portion of ;Lot 6, Block 2, Seale Subdivision No. 5, westerly corner=of Greer Road and N. California Avenue:. h. Portion of Lot 6, Block 1, Seale Tract No. 6, on Marion Avenue, aubject to granting of utility easement and the payment or segregation of Assessment No. 284, Bond Series "LL",- Project 48-1. i. Portion of Lot 94, Wooster Subdivision, westerly corner of Ross Road.and Diss Road, subject to payment or segregation of Assessment No. 1217, Bond Series "RRTT, project 51-5. 6 � `.�Y ' „!i+'Y�' SFr• 297 In regard to Item c above, involving the redivision of Lots 18' and ° 19, Mayvew Homesites, the Planning Officer reported that 'i'terested.property owners in this area wish to start' procE.edirngs' to open,a new street in this particular- block,. and he' -recommended that ,no -action be taken by the Council'on 'the' applicatlonibr ;redivision of. Lots 18 and 19 until the property':, owners. havehad au. opportunity to get together on the matter., The. Council'accepted; h:s recommendation and took no action -at this time on the app1.Lcation for redivision of these particular lots. It, was, moved, seconded: and carried that alI of the other redivie.Lon of lots, as listed, be approved in accordance with the recommendations' of the Planning Commission and Com ittee Igo. '1. Annexation of Stanford Land A' tep ._ eras, received from Committee No. 1 recommending 4 approval, of the; annexation of approximately 101 acres of -Stanford land,to the City of Palo Alto, in accordance with the petition from Stanford University, being the area bounded by California Avenue, the extensionof Hanover Street, Barron Park, and. the prevent city limits. CommitteeNo. 5 recommended the annexation of this territory as a matter of policy. A report was received from the Planning Commission recommending that the application for the annexation of this property be denied for the reason that the inclusion within the city limits of a larger area, extending to a line which would be the extension of the present city limits near Amherst Street, would be more desirable from a planning standpoint. A letter, was received from Alf E. Brandin, Business Manager; of Stanford University, advising that Stanford University is the Sole owner of the land which they desire to annex to the City, and; that the University Waives the holding of any hearing as required by the Annexation of Uninhabited Territory Act. Ordinance No., 1k23, approving the annexation o. the territory in accordance with the recommendation of Committees No. 1 and NO. 5 was read, and on motion of Montrouil and Wells, was adopted, on roll call, with 13 Ayes, Cathcart voting No. Zoning of Stanford Land. A .report was received from Committee No. 1 recommending that the area bounded by the extension of Grant Avenue, -El Camino Real and the southerly border of the Stanford lands, be rezoned to L -M -S, and that the balance of the area annexed be zoned P -C. The Planning Commission recommended that the annexed area be zoned`on;the initiative of the Planning Commission as shown on map submitted,' the area southeasterly of the extension' 'of Grant Avenue to`bezoned L--M-S, and the balance P -C, the buildings in the P-C':zone to be. devoted to professional and administrative uses. A.proposed;ordinance amending the Zone Map to provide for the rezon:ing.of.the property westerly of El Camino Real and southerly of_ California Avenue, in accordance with the recommenda- tion of Committee NO_. 1,:was accepted for first reading._ it;was pointed out that the proposed rezoning includes changing a portion of°the P. -C` .Zone along El Camino Real to It;wes suggested that the proposed ordinance and map -be.` reviewed again 'by Committee No. 1 before second reading.. . • Amendment to Zoning' Ordinance (L-! ,Uses) A report: was received from Committee No. 1 recommending that the following be added to Paragraph (b) under Section 15.03 of the Zoning Ordinance,Uses Permitted in L -M District: "(7)Processing and handling of goods and materials relating to photography, including plastics; and the servicing and repair of photographic equipment." amendment. The Planning Commission recommended approval of this A proposed ordinance amending Subdivision.(b) of Section 15.03 of the Zoning Ordinance as recommended was accepted for first reading., Amendment -to Zoning Ordinance (Home Occupations) A report was received from Committee No. 1 recommending adoption of the proposed ordinance: amending Section 4.36 of the Zoning Ordinance -relating to definition of Home Occupations, with the last sentence amended to read: "Home Occupation may include the office of an architect, engineer, artist, author, and similar uses." After discussion, in which the words "and similar uses" were questioned, the ordinance was referred back to Committee No. 1 for further study. Amendments to Zoning Ordinance A report was submitted by Committee No. 1 recommending that a proposed ordinance amending various sections of the Zoning Ordinance be accepted;for first reading. These amend- ments -have been recommended for approval by the Planning Commission. The proposed ordinance amending Ordinance No. 1324, the Zoning Ordinance, was:accepted for first reading. On- Street Parking Plan , A report was received from Committee No. 2 recommending approval of the on street parking plan as recommended by the TrafficCommittee, and recommending that the City Attorney be requested to prepare -an ordinance to put the plan into effect. It was pointed out that the plan provides for metered and unthetered curb parking at parking time limits as indicated on a map submitted. The City Attorney was requested to prepare the ordinance' as recommended by Committee No;'. 2. All -Night Pair king, A report wary received from. Committee No. 2 recommending adoption of an ordinance prohibiting parking or any street in the c.ity.for a period:.of time longer than one hour between the .hours of 2:00 A.M. anc 6:00, A.ii., except when a permit has been issued. The committee .recommended that the ordinance provide that such pe,rrnit maybe issued in eases of hardship, when no garage space is available, and that no permits be granted for commercial vehicles. ance amending Section 19.47 of The proposed ordiroh.ibi n$ night parking and providing for permiits, Codified ied s was 4 cepted:-' Tor first reading. One- 2: A1le �1;ock 13 2 recommending' was received from Committee No. in g report, raviding for the alley between known as X,ane 13 Nest' a�.lee: the - the hwe er Oha :f ordinance lock13, to be a one-way Ramona Street . arki,ng lot,a ed in a northeasterly rection with exit o. Ramona gtree�acea the,Cit� traffic toproceed Ramona Street, accepted for first reading The proposed'erdinance was Stop S%s o. 2 recd ending abmitted by Committee N ,� report was:submitted of, rovid;.nb for the erections e Mi13='.. tion of`an ordinance p the adop z� on ,First Street and Second Street a, Pa$ arterial stop s1gn Road. accepted for first:reading. The proposed ordinance was "No parkin ,, Zone on tton Avenue report received from Committee No. 2 repp onn8 : a was prohibiting parking and, _►ng Onr tian.. of t ordinance theadop tton;Avenue between idd�xcegXdRoad sundays and both ti bet of .SAY 00 A .M and 6:00 P.M., Street between �? holidays . p proposed ordinance establishing athis "No Parking tone on Lytton ,venue wss accept ed for first reading. evart�1ent � ire D Rules and R, usa�ions FF' 2 recommending of the Fire Department. oxt was` received from Committee No. e rep ulations The Fire DepaStr the existing Rules and Reg Council. a number of that confirmed and adopted by the Coup e -cained, rules have been in effect for laine.d that these Adopted by the Board of Public. Safety, an having been foamed he be adopted by the Council before years, n©w 'recapended they \ and it is rules are printed. new ccpies of'the the Rules and pry motion of Morit ianWeGosa adopted. Regulations of the Fire Department Name n of. Borden ,Park Committee X10 . 3 and ark toat California arnia Avenue Reports were received from par honor lithe late recommsnd3.ng ann Alma tr t5 "Bowden Par and Alm S reet ;be named owden. Councilman,serome T. the recommendation On motion of Cathcart and Gaspa r, 1Mrrs , Bowdd endlnf� brining :The Mayor was asked ctoosend a letter to vr a w . her of this n n.Stud advising that ice cr.---�=a .e e of Palo Alto n. ort was received from Committee . o . Aide C regarding the 3 considered the the un lettert undertake aistudyvic et�a and personnel, it has that Council Department facilities be requested to transmit use of School and Recreation DeFa League's letter to the Board of education and The Committee Civic Leag that the Mayor .. a copy of the Ci 30 advise..the Board that if :they are interested in having such a j study made, the pity is wiIlingtoappoint a committee with a comlaittee or representatives of the S o ,.er to workoard at n tine, pointing out to the `School Board thatthe State Recreation. Commission is available to make a survey without charge, On motion of Mrs. Bawer and Simpson, the recommendation was adopted. Intermediate C1e{k A report was received from Committee No. 5 recommending the establishment of'an intermediate clerk position in the Commercial Office to handle the verification of residency for hospital claims and to assist in the increased work 7o :d of the Colleetion Department. 0n motion of Wickett and Cathcart, the recommendation was adopted. Cancellation of Tax Bills A that the following tax bills cwas vbe"n elrom ledittee No. 5 recommending Bill No.'. 11397 in the amount of 277.08 Bill No,., 11407 in the amount of'$779.6 Bill No. 11+12 in the amount of $26 9.16 Bill No. 11393 in the amount of $ 18.36 Bill No. 11394P -in the amount of $30.00 It was explained that the first three bills cover property acquired by the City from, the Pacific Gas & Electric Company, and the other two billscover a portion of the property acquired by the City for park purposes on Dlss Road and the two -acre on the corner of Diss and Middlefield Roads. parca; On motion of Gaspar and Blois, the recommendation was adopted and the tax bills were cancelled by unanimous vote on roll call. Audit of Accounts A report was received from Committee No. the acceptance of the report 5 recommending audit of the City accounts and frecords'rforHtheofiscal year covering their June 30, 1952. The committee recommended a yea. endingt of bills of $3,000.00 for the general audit and $350.00 and0 f the special audit of the Police Court as of August 9350.52 for the g 19, 1952. On motion of Blois and Gaspar, and by unanimous vote on roll call, the report'on the audit for the last fiscal year was accepted and the payment of the bills authorized. Committee No. 5 recommended the acceptance of the proposal of. Skinner & Hamnnond for the audit of p for -the fiscal year ending'June 3 the City accounts 3O 1 $3,000,00. , 953, at a iota]. fee of On motion of Blois and Gaspar, the proposal was accepted by unanimous vote on roll call. Report of Controller The monthly report of the Controller was received and file. On motion, the Council.ad,ourned, APPROVED: