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HomeMy WebLinkAbout12081952305 City Hall, Palo Alto, California,. December 8, 1952. TheCouncil of the City of Palo Alto met in- regular session on this date at 7:30 F.M., with Mayor Mitchell presiding. Roll 'cell as follows: Present: .Bishop, Blois, Bower, Cathcart, Drysdale,Gaspar, Hill,, Marshall, miller, Mitcnell, Montroui'l, Simpson, Wells, Wickett. Absent: Cashel. Petition for Referendum Aaron M. Sargent; attorney for the Palo; Alto Citizens' Association, arose and- started to address the Council regarding a petition for referendum on the University Avenue off-street parking project. He was ruled out of order by the,Mayor who stated that,,the hearing on the project had been closed- at a previous'zneeting and there is to be no hearing this evening. The City Attorney .advised that the proceedings are not subject to a referendum. ;Mr. Sargent insisted on being heard and: continued to speak. The Mayor called a five-minute recess during' which a police officer was called into the room. Upon reconvening of the Council, Mr. Sargent withdrew, first filing a document entitled"Statement. in Support of Petition for Referendum." and additional protests to the project from property owners and petitions protesting the use of eminent domain proceedings. Approval of Minutes approved. Off- Street Parking Plan, University Avenue District ?rojects„52-i3 and 92-1' A report was received from the Committee of the Whole g. recommendin acceptance of a modified plan for the University Avenue District off-street parking project, with the understanding that further changes can be made to the plan by additions or deletions` if the Council so desires, and that negotiations with property ownersin some cases may include permission to occupy the property, for:a.-period not to exceed three years before it is taken over by'the City. Reference was made by the Mayor to the formal hearing held on November 10, 1952,, and closed at that time. He advised that since that. time. both the opponents and the proponents of the project had an informal hearing before Committee No land had presented additional information, and that a number of communica- tions both for and against the project have been, received. The Mayor called. attention to the policy of: the Council to negotiate in so far as possible for the purchase of: properties involved and pointed out that it is the intention of the`Council to continue that policy. The modified plan as recommended by the Committee of the Whole was explained by the City Manager. He pointed out that most of the property whose owners had submitted protests had been eliminated from the project. Attention was called to the policy' of permitting owners, in hardship cases, to retain occupancy of their properties for as long as three years:. The minutes.of the meeting of November 24, 1952, were It was emphasized. that the. project will be carried on under an assessment di`strict.procedure and the properties in the district assume the liability for the bonds; that other property owners in: the City outside the district are not affected.' A chart outlining the.ateps in the entire procedure was submitted. On motion of Montrouil and Simpson, the recommendation of the committee was -adopted and Resolution No. 2387 overruling protests and determining to proceed without compliance with the Investigation Act, in connection, with Project No. 52-13 covering_ the area southwest of Ramona Street, was passed by unanimous vote on roll call On motion of Montrouil and Wells, Resolution No. 2388 overruling protests and determining to proceed without compliance with the Investigation Act, for Project No. 52-14 covering the area northeast of`Ramona Street, was adopted by unanimous vote on roll call. Resolution No. 2389 appointing Elmer M. Berliner as appraiser on Project 52-13 was read, and on motion of Montrouil and Simpson, was adopted by unanimous vote on roll call. Resolution'No. 2390.'directing preparation of Engineer's report, Project 52-13, was,read, and on motion of Montrouil and Simpson, was adopted by unanimous vote on roll call. Resolution No. 2391, appointing Elmer M. Berliner as appraiser on Project 52-11 'was'read and on motion of Montrouil and Hill, was adopted by,unanimous vote on roll call. Resolution No. 2392, directing preparation of Engineer's report, Project 52-14, was read and on motion of Montrouil and Hill, was passed by unanimous vote on roll call. The Mayor pointed out that it is necessary to take separate action on the walkways and additional parcels which have been added to the`praject, and'to hold a hearing on these additions. On motion .of,aaspar and Blois, Resolution No. 2393 of preliminary determination` and of intention to modify preliminary. proceedings, Project 52-13, was adopted by unanimous vote on roll'; call. This sets December.22, 1952, ,at 7:30 P.M. as the time for ,a hearing on the ' additiona to the plan. . Resolution No. 2394 of preliminary determination and of intention' -to modify preliminary proceedings, Project 52-14, and setting December 22, 1952, at 7.30 P.M. as the time for a hearing on the additions, bmthis project, was presented, and on motion of Gaspar and -Blois, was:adopted:by.unanimous vote on roll call. ,(The Council took a recess at this time, 8:15 P.M., and reconvened at 8:30 P.M.) Appli ation or Zone Change (Aro & 0ker::aan) This was the:time for a hearing on the application of Aro & Okerman for change of zone, on .Lots 33 and 34, Block 221,, 'Bryson Park, from R-1, Single'Family'Residence District: to C -2-S, Central Busines$,'Specia3 Parking District; and to rezone Lot 35 Block 221, Bryson Park, ' from R-1 to '0-A, Open Area District. . Attention ,was called to aprevious recommendation of the Planning Commission thatthis application be denied for the reason 307 that the Commission is opposed to any .:xtension of the "C" -,Zones on Middlefield Road. :The hearing was declared open. Kenneth McDougall, attorney, addressed the Council on behalf of Aro & 0kerman,. the petitioners, speaking_in-support of their application for rezoning the: :three lots in question to permit commercialusage of the property. Mrs. Willis Laab, 2620 Middlefield Road, spoke-.: in. opposition to the proposed rezoning and reviewed the objections expressed in a petition submitted to the Planning Commission. There being noone else present who wished to speak on the matter, the'hearing was closed. The question was referred to Coi ttee No.. 3.``for a report at a later meeting. Appl .cat`ion for Zone. Change (Nisi and Martindale). This was also the time for a hearing on the, application of Enrico and Evelyn Nisi and Max Martindale to rezone- portions, of Lots 48 and 51 °.Wooster Subdivision, on the northwesterly and southwesterly;corne„s of Loma Verde Avenue and Middlefield Road; from R-1, S'ingle.Family Residence District, to C-1, Neighborhood Business District. Reference was made to a recommendation previously;` made by the:; Planning Commission that the application be denied. as the Commission is opposed to any extension of the"C'. Zones on Middlefield -Road. The hearing,was declared open. Mr. Martindale addresse the Council in:support of -the application for the rezoning. The following spoke objecting to changing the:..zoning of the property inAuestion and requesting that the residential zoning be` retained:' John B.Daugherty, 626 Loma Verde; Avenue; Janet Koppel, 3101 Middlefield Road; Harry P. Lancaster, 3210 Middlefield Road;. Howard Clark, 3116 Middlefield Road; and John Armstrong, 645 Loma Verde Avenue. Harry Benson, 3110 Middlefield Road, told the Council that he originally signed Mr. Martindale's application but:now feeds there is no need for more commercial property in that area-. He asked that consideration be given to rezoning large lots in the area to R-3 so that the rear portions of the properties could be used for .garden, apartments.. There being no others who wished to speak on this question, the hearing was cloned and the matter referred to Committee No. 1 for a report at a subsequent meeting. Project 49-10, Amarillo Avenue et a1 The City Manager reported that all of the improvements called for under Project49-10, Amarillo Avenue et al, haye-been completed in.a satisfactory manner by L. C. Smith Company as of. December: 2, 1952. Upon his recommendation, -and on motion of Hill and Gaspar, the project was accepted by the Council. Project 52--4, Encina Avenue et al The City Manager reported that all of the improvements called,for under Project 52-k, Encina Avenue et al, have been completed ina satisfactory manner by L. C. Smith Company as of December 2, 1952. Upon. his recommendatinn, and on motion of Hill and Wells, the project was accepted by the Council. 308 • Utility Agreements The City Manager presented agreements with 3. L. Eichler:& Sons for the p rchase of water and gas systems 1n Fairmeadow No. 2..and Fa1rmeadow No. 3. On motion of Montrouil and`Gaspar, the:Mayer and City Clerk were authorized to sign these agreements by unanimous vote on roll call. Bids on Magnesium'Anodes A..report was made by the City Manager on bids received on December 3, 1952, on magnesium: anodes, with the recommendation thay..the bid of the Vandde Company be accepted in the amount of - $3,309..39, including sales tax. On motion of Blois and Simpson, the recommendation of the City Manager was adopted. : Variances A report was received from the Planning Commission recommending that the application of Don Scoble for a variance from the requirements >of.the Setback Map involving Lots 3, 4 and portion of Lot 5, Block 120'; Crescent Park, be. denied, for the reason that the adjacent property owners have expressed a strong desire to have the existing 40 -foot setback line maintained. Committee No. 1 concurred in. recommending denial of this applica- tion. On motion of Montrouil and Simpson, the recommendation was adopted. The Planning Commission recommended denial of the application of William Weinert for a variance of side and rear yard requirements of the Zoning Ordinance on Lot 18, Paul Survey, located at 246 Sherman Avenue; for the reason that no building permit for this construction was issued, and that no basis for hardship has been shown. Committee No. 1 concurred in recommend- ing denial of the application. On motion of Montrouil and Simpson, the recommendation was adopted. Amendment to Building Code (Fences) Reports were received from the Planning Commission and Committee No. 1 recommending adoption of an ordinance amending Section 1510 of the Palo Alto Building Code relating to rear yard fencing. The proposed ordinance was accepted for first reading. Tentative Map; Terranova Tract A report was.rec'e?ved from the Planning Commission recommending approval of the revised tentative map of the Terranova Tract subdivision,,, located on the northerly corner of Loma Verde Avenue andnRnss Road. COmmittee No. 1 concurred in recommending approval of this map.. On motion of Hill and Drysdale, the recommendation was adopted and the map approved. Proposed Zone Changes The following. recommendations were received from the Planning Conm1ia1on relating to zone changes: • 947791.44 . 809 a. The: Commission recommended approval of the applica- tion of. Carl and Elein Ganschow and M. J. and Josephine Terranova for rezoning of the west half of Black 9, Stanford City, and Lots 16 to 30 inclusive, Block. 3,, Stanford City, from R-1 to R -3-D, but: recommended denial of the application as it applies to the east half of Block 9, fronting on Ramona Street. b. The Planning Commission recommended approval in part of the, application of property owners within the Charleston Road -San Antonio Road area for change of zone from R -1:B-8 and R-3 to M-1-$. A report explaining this recommendation in detail was sub- mitted.. c. The, Commission recommended approval in part of the application of the Glad Tidings Tabernacle, Inc., for the rezoning of part of Lot 2, Block 56, University Park, from R-3 to R-4 District,and the request of the Palo Alto Art Club for the extension of: the R-4: District to include the former church property on the northerly corner of Cowper Street and Channing Avenue. The Commission:further recommended that all of the properties in the ' following blacks which are now in the R-3 District be rezoned to R-4: Blocks 24, 25, 26, 56, 57 and 63,;, also part of Lot 2, Block 64, and part of Lot 1, Block 74. Committee;1o. I recommended that hearings on the above applications_ and propose: zone changes be held at the regular Council meeting of January 12, 1953. This recommendation was accepted and the hearings set for January 12, 1953, at 7:30 P.M. Redivision of Lots Reports were received from the Planning Commission and Committee No. 1 concurring in recommending approval of the follow- ing redivision of lots: a. Portion of Boyce -Ashby Tract, 1075-1089 Forest Avenue, subject to --granting of pole line easement' b. Portion of Lot 150, C. M. Wooster Companyts;Sub- division, 1005 Colorado Avenue, subject to payment: or segregation of Assessment No.'745-B, Bond Series "LL, Project 48--1. c. Portion of Lot 1, Block 85, University :'ark,_ 625 Rase Street, subject to payment or segregations of..Assessment No. 1040, Bond Series "QQ", Project 50-1. d, Lots 8,: 9 and -10, Block 32, College Terrace, 922 'College Avenue. e. Lots 4 5 and 6, of unrecorded division of: Block'' 22, Stanford City, subject to payment or segregation of Asseasnments Noo. 255-A, 255-B, and 255.-N; Bond Series " ", `Pro. jest 51-15. f. Amended division of Lot 42, Mayview Hoznesites, 796''Mayview Avenue, subject to payment or segregation of Atzessazsent No. 944, Bond Series "RR", Project 51-5-. g. The creation of lot designated #3173 on map for proposed:division of portion of Block 5, Stanford :University Villa Tract. 310 On moti:«n of -Simpson and Wells, the above redivisions of lots were approved in.accordance with the recommendation of the ,Planning Commission and ,Committee No. 1. Transfers :of Funds A report was received'from Committee No. 4 recommending that the following transfers'of funds be authorized: a. $25,0.00.00 from the Special. Projects Fund, Account 123-98B,, to Account 177-99C, Equipment for the City Hall. b. -$25s-000.00 from the Special Projects Fund, Account 123-988, to:Account 177-99B, Site Preparation, for landscaping and:improvement of the City Hall grounds. C. $14,7:73.27 from the Capital Reserve to Account 127-99 for purchase of fire apparatus. d. $350.00 from the unappropriated balance of the General. 'F and to.Acc.ount 119 -11 -to cover the special audit of the Police Court which was made on August 19, 1952, upon authorization of Committee No. 5. On motion of Blois and,Wickett, the recommendation of the committee was adopted and the transfers were authorized by unanimous vote .on roll .call. Use of Present City 'liall Site, (Parking Lot) A report. was' received from Committee No. 5 recommending the demolition:of the present City Hall building when it is vacated, by the` city offices- next" spring, and the establishment of a parking lot on the property., taking a strip along the park also for parking purposes, the available space to be leased to the Parking Deter Fund. The committee advised in its report that it had reviewed requests?br used the' City Hall building and had received informa- tion on alterations and repairs needed to rehabilitate the building, which is of inferior construction and classed as a condemned building. The plan prepared for the proposed parking lot on the property was explained by the Planning Officer who advised that 53 parking spaces,would be available, with an area reserved for the use of the Police Department and a utility yard for the Fire Department. On motion of Hill and Simpson, the recommendation of Committee No. 5 was adopted as the policy of the Council. Utility Easement On motion of Wickett and Montroutl, and by unanimous vote on roll call, a resolution was adopted accepting grant of easement for utility purposes from George K. and Helen L. Whitworth, covering portion of Lot 6, Block 1, Seale Subdivision No. 6. Ordinance on Passenger Loading Zones Ordinance No. 1431 establishing passenger loading zones in front of theatres and in front of hotels having a minimum of sixty rooms was given second reading,: and on motion of.Simpson and Drysdale, was adopted by unanimous vote on roll call. Parking Meter Zones and:Limited Parking Zones Ordinance No. 1432 establishing parking meter`,zones and regulations limiting the use of said zones was given second:. reading, atmd on motion: of Simpson and, Drysdale, was adopted `by unanimous vote'on''roIll Call.. Ordinance No. 1433 establishing limited parking zones and regulations: -limiting the use of said zones was given-.+s.eeond reading and on motion of Simpson and Drysdale, was adoptedby unanimous. vote on roll call. Amendment to Improvement Procedure Code Ordinance Na. 1434 amending the Palo Alto Improvement Procedure Code'relating tothe maturitycf certain bonds was given second reading, and on motion of Blois and Wells, was adopted by unanimous vote on roll call. Report of Controller The monthly report of the Controller for November, 1952, was received and placed on file. Tax Refunds A report was received from the Controller recommending refund of the following taxes collected in error: a. $38.56, Tax Bill No. 7931, Thomas G. Haynie, Jr., Assessment "LL", paid in full and erroneously billed for 1952-53. b. $17.76, Tax Bill No. 8237, Robert L. and Elsie J. Googe. This is a duplicate payment, originally paid by bank. c. $32.83, Tax Bill No. 9216, first installment of 1952-53 taxes, erroneously paid by the Veterans' Administration. On motion of Gaspar and Cathcart, refunds of these taxes were authorized by -unanimous vote on roll call. Rental of Court Room Councilman Gaspar reported that Committee No. 5 has considered the rental of space to the County for the new municipal court which will begin operation in January. He advised that ;County authorities have indicated that they would be satisfied with the present police court quarters, at least temporarily, and have made.a tentative offer of $250.00 per month. . After discussion, and on motion of Cathcart and Gaspar, the Council authorized the rental of the police court room for $250.00per month 'on a month -to -month basis. Census The`City Manager called attention to the special city, .census, which will probably be taken in February, and brought up a suggestion that: a census also be taken at the same tune of the area"inPalo Alto Township which is outside the city limits of Palo Alto. It was painted out that if the population of the township is 40y000 or more, it would be entitled to' its own municipal court. This question was taken under consideration. 312 Resignation of Councilman Cathcart A letter was received from A. J. Cathcart submitting his resignation from the Council, to take effect at the close of the regular meeting on this date, December 8, 1952. On motion of Hill and Blois, the resignation was accepted with great regret. On motion, the Council adjourned at 9:45 P.M.