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HomeMy WebLinkAbout03021953City Hall, Palo Alto, California, March 2, 1953. The Council; of the City of Palo Alto met in regular session on this date'a:t 7:30 P.M., with Mayor Mitchell presiding. RO11 ca11 as follows: Present: Bishop,', Blois, Cashel, Drysdale, Hill, Huston, Jackson, Marshall, Miller,•Mitchell, Montrouil, Porter, ' Simpson, `Wells . .Absent: Wickett. The minutes, of the meeting of February 9, 1953, were approved. Project 52=10, N. California Avenue et al This was the, time for a hearing on Resolution of Intention No. 2404 to make acquisitions and improvements, Project; No,,, 52-10, N. California Avenue et al. The hearing was declared open. There. being `no `one present who wished to speak on the matter, the" hearing was closed. No written protests were received. 0n motion o.f ` Montrouil and Blois, Resolution No. 2406 ordering acquisitions --and rese'rving.jurisdiction to order improvements' and confirm assessment was adopted by unanimous vote- on roll call On motion. of Montrouil .and Blois, and by unanimous vote:" on roll call, Resolution No. 2407 was adopted, determining that~ public interest and necessity:require the acquisition of easements for; streets and the taki:ng.of mediate possession thereof, and directing the filing :of eminent domain proceedings. On .motion of Montrouil and Blois, Resolution No. 2400 establishing. prevailing wage --scale was adopted by unanimous vote on roll call. Onmotion oflontrouil and Blois, Resolution No. 2409 calling for sealed proposals was adopted by unanimous vote on roll .call. This resolution provides for bads to be received and opened by the City.Manager at 4:00 P.M. March 20, 1953, and considered by the Council on March 23, 1953, at 7:30 P.M. Application for Zone Change, 1023 Forest Avenue This was the time set for a hearing on the application of C . R. Woodhars, J.r• ` and Gladys E. Woodhams, to rezone their property at 1023;Rorest Avenue from R-1, Single Family Residence District, to R -3-G,. Garden --Apartment District. Reference Was:made to a recommendation previously received from the Planning Commission that the application be denied. The hearing- was.dec,l:ared open. Mr. A. J. Cathcart representing Mr. and MI's._Woodhams asked that the matter be referred back to the Planning Commission for consideration of an amended proposal which the applicants wish to present. A letter opposing the rezoning was received from Ruby M. Kerr and Hazel M.. Kerr, 650 Hale Street. Mrs. Edward Mills, 1095 Forest Avenue, aske&.questions:eoncerning the regulations and type of apartments permitted in the Garden Apartment District. There being:no othera,`who wished to speak on the matter,' rt,t;.ih�r 0 for further study and report. Initiative Petition .(Par:cln5 Lot Proceedings). A communication was received from Aaron 1._ Sargent, attorney for the Palo Alto Citizens' Association,`pressnting-` a petition to"submit to the registered and qualified electors; an ordinance'to protect;: referendum rights and prohibit eminent domain in parking lot proceedings. A written report was received from the City Attorney advising that he had examined the petition and had made a;carefui study of the; law, and as a result had advised the City Clerk to submit the.petition to, the Council without checking the names; that in his opinion the so-called proposed ordinance is not.a proper' document: to -submit to the people as an ordinance under the initiative and.'referendum provisions of the City Charter, and it was his, reconanendation that the document be filed and that the'Council take no action thereon. 345 the hearing. was closed, and in accordance with Mr.; -Cathcart . request the Matter was referred back to the Planning -Commission Mr. Sargent addressed the Council stating that he is prepared to defend the.rights of the citizens who signed the petition; that in his opinion the Council should adopt the ordinance proposed, and if it did not do so, he would take immediate steps to apply to the court for a writ of mandamus to compel the Council:to hold election on the matter. A letter'was read from Ernest A. Wilson of the firm. of Kirkbride, Wilson, Harzfeld & Wallace, advising that in their opinion the document filed by Mr. Sargent is a legal nullity and should: remain: on file without action by either the Clerk or the Council. On motion of Montrouil and Blois, the recommendation of the City Attorney was accepted and the petition was placed on file. Gifts for New City Hall A letter was received from the Business and Professional Women's Club presenting a gavel for use in the council room at the new City Hall. gifts. Clain for Damages A claim was received in the amount of $301,04 from the American:Automohle Fire. Insurance Company for damages to.a car which they state resulted from an improperly lighted excavation in the street This,was referred to the City Attorney. League'Meeting on Sales Taxes A letter was also received from Alan Hammond Nichols post #69 and The Ladies Auxiliary to the Veterans of Foreign Wars presenting an American.Flag for the new council room. The Mayor reported that he had acknowledged these A bulletin was received from the League of California; Cities concerning a state-wide meeting to be held in Sacramento on March 12, 1953, to consider legislation relating to County and City, sales. taxes requesting the Council to send an official representative to this meeting. This matter was referred to Committee No. 346 Request to Remove Tree A letter from, Miss Coto Montgomery requesting the Council to authorize the removal of a camphor tree in the parking strip in front of here property at 2230 Webster Street was referred to the City Manager and staff. }?roject:52-9, Paving at New City Hall The City Manager reported that all of the improvements called for. tinder Pro jeet 52.98 have been completed in a satisfactory manner by the Freeman paving Company as of January 19, 1953, and recommended that the project be accepted by the Council. On motion of Simpson and Wells, the work was accepted. Ccntingent Fund Expenditures The city Manager>reported that the following transfers were made from the, Contingent Fund, Account 123-98A, during themonth of February, 1953 $k00.00 to`A.cct. 115-03, additional printing and supplies, Commercial Office 57.50 to Accts. 2925, Cabinet for Commercial Office 3925,.-4925 5925, and 6925 19.25 "to Acct.' 105-05, Travel expense, Planning Dept. 350.00 to Agct.: 107-28' Additional advertising to and 107-9 recruit personnel 60.60 to Acct. 105J49A, publication of zoning ordinance 76.00 to transport city -owned equipment from the Health Office to Corporation Yard $962.75 Total Veterans Hospital Needs r A:letter was. received from Frank J. Knox, Commander of the Thirteenth District, American Legion, representing the American, Legion o f Santa Clara County, Amvets, Disabled; American Veterans,, and Veterans; of Foreign Wars, requesting the Council `to pass`a suggested resolution' memorializing Congress to enact legislation and appropriate' funds necessary to bring the Veterans Jtdministration Hospital program to the standards needed to adequately care for 'the veteran population of California. Mr. Knox was present and addressed the Council in support of the request. 0n motion of Drysdale and Huston, this matter was referred to'Committee No. 5 for a report at the next meeting. Project 51-.15, Lot Verde Avenue et al The City Manager reported that all of the improvements' called for under Pro.jectt 51.-15, Loma Verde Avenue et al,have been. completed in:a satisfactoryinner by McCammon-Wunderlich Company as of February 24, 1953°, and recommended that the project be accepted by the Council.'` On motion of Wells and Simpson, this work was accepted. Declaration of Restrictior and Covenants, Parking Area A document was presented, signed by Pine and Company, being a declaration of restrictions and covenants affecting certain real property as required for off-street parking. It was explained Section21 hat; ;th a t xde ew nine being he Zoningant was flied e parking.: ar gporti;constructed oio Ordinance, n acca�c this document012 � �-� d 'Cail'° a �connecion w t;a� °f, Avenue„and' a `' $dm ,�lo�t�t fey: alts d on eb report'aids on Traffic ,3/ Gable a ed by unanimous votQ On r1 °n. CCe .�%<y��, ��.. �� and Poles �.� , pti21ga $� �`�`�� k;p3,' o�traffic de �`� the .� -yes r `� ` o ' 2. That: fOl1awi esa is ( ty a aver a .tra $5,073'.79 5, O'3:7� ax the .bid o o ` � er.�,icen bids,. e icudn n he �'aper Tube drop cable, iced Pole � d �, ��r�°r� ,� � the. explainedes be equipment, fed in the �°��'�,y ,�;� averze leS str' be �°�.l fined that amount o,� r Avenue. Y trod g inters base t' and L,vt t°n Avenue, Roade and : re i'or i o tro t mat he and A SZytan tai Avenue.. �� three °f ':,$2 bid n� �a Street aer� venue far 3. W@ekgA Abe iaccepted. p.t 34.21 "ay t�, & . arty or tai plus sales aliaz for �4 nag , � �p�hi d a�+, �� * � �°�.Y3 pyre h �d de/Ivery y�..,aY� ���x `. I% Company,' tat, � �J In the �° "' or e, s$ or aanY ,i`po accepted; the 'mount Wood $.2„ 02 :: taxi' xtes Abed . Item 2 x1 sales to t 4 a, ept h ,p t orates nJL a � :€it o hat the ono : oe $9,ei-gi' accepted. e� p � . Gsa g es, in no ° bid of 5. $2,770..00 es accepted �� motion These, ;:::: .fi5 er una dud s s lfy x dta o t 52���' Off -Street ffy t � ��� � �� rda�i0�� bids were de approval Are t Steed Park/2" i �_.w,:�-., c`1a �� °�' the.plans . Was. r Pa ;r�. , caycz, need A report w .i'oeceived f `ini�'ersi� sot� & the °ks r ai f� from �,a " Ave �'t orR the Street,$ Sonutittee to' 2 reco ist2„,c �( vot n mot ssaaution met, city Avenueb der propose to be In:teding e roll call. 20 G of pry business districtject ~I3 and peso Mcntrat�z�iwas�'S� Approv z j; �� �� $ a�� �m n �� tprio �Q' 2�k,l,l adopted by was read ,' March date, off, Asc�n.l wa8 act 52=1 of unizntenta unani o s amp oi5m stn d a idda y, aoprsame.' e ac __ Ma s 4� 154. esoi�ttian of s Z entio set ca f ,, f� �a i t �� �o � were. received n for' . the ° the fulfillment '�'rac lconcurring ncurr frost and the Ifs r No:a212d, the In recommending comae d arming Go ,Pz-o t . °i.. , Ixi requirements izrg approval wigs € or requi abandoned nts o het ,oci i cti of n weZxs' and soh � ect � n aub� rd i Lion that Ordinance 1 348 1 -- CC CC C.r the names of E1od:ie Lane'andElodie Court be changed to the satis- faction' of the City Engineer. Resolution No. 2k12 approving map of Tract No. 1128 was read, and on motion of Montrouil and Drysdale, was adopted by unanimous vote on roll call. Reports were also received from the Planning Commission and Committee No. 1 concurring in recommending approval of the final map of Tract No.:: 1122, being a subdivision of Lot 10 of the J. J. Morris Subdivision of the M. W. Loucks Tract, subject to granting of an additional 5 feet of public utility easement adjacent to Lots 5, 6,'7 and 8 in Block 2, as recommended by the City Engineer. Resolution No 2+13 approving map of Tract No. 1122 was read, and on motion of Montrouil and Drysdale, was passed by unanimous vote on roll call. Tentative Map The: -planning Commission and Committee No. 1 concurred in recommending approval of'the amended tentative map of Tract No. 1135;,; Pairmeadow Unit'No. 2,'being a subdivision of Lots 3 and 4 and portion of ;Lots 1 and; 2, J. J. Morris Subdivision, subject to compliance with all requirements of the Subdivision Ordinance, the felling of any abandoned wells, And the granting of necessary public utility easements On motion of Montrouil and Wells, the tentative map was approved in accordance with the recommendation of the Planning Commission and Committee No. 1. Variance Reports were received. from the Planning Commission and Committee No.'1 concurring in recommending that the application of Burke & Wyatt for a. variance in side yard requirements from 8 feet to 6 feet on all lots in Charleston Gardens No. 2, be - granted. On motion of Montrouil and Huston, the recommendation was adopted. Zone Change, Universit Ave. northeast of Middlefield Road A.report was received from Committee No. 1 concurring. with. the Planning'Corrimisaion in recommending that the properties fronting on both .=sides" of University Avenue from the boundary of the, R-3District northeasterly` of Middlefield Road being a .point on the northwesterly side of University Avenue 112' feet northeast of Middlefield, and a point one the southeasterly side of University. Avenue .75 feet northeast of Middlefield, extending to Gui,nda Street; be rezoned from R-1, single Family Residence District, to R -3-D,; Neighborhood Apartment, Design Control District. The Mayor reported that he had received a copy of an ordinance, in effect in. Pasadena which has proved to be satisfactory: in handling a situation siii].ar to the problems involved on University Avenue northeast of Middlefield Road, and suggested that': action be postponed until the ordinance could be studied to see if similar regulations':wou:ld provide a` better solution than the recommended' R=3-D>.zoning. The Mayors suggestion was accepted` and the matter referred"to the Planning Commission. Mrs. L.R, Bittner.addressed the Council requesting that any rezoning of University Avenue for apartment use be extended to Seneca :Street The;; Mayor advised` that the Planning Commission would *be asked to take:her request into consideration'. 349 Amendment toZon..,.n car Carrit Repast d1nance ° t1a fee No, I wee' rec Article 2 amendments, e N alterations, 1n In ecoam the Pear Ing 7} Zani 'he proposed: and changes he 2a 0 mmendIng adoption of an and x'`iinance :was accepted ordinance ame in districts. re �,t�ng t ArnendmQnt Zoning reading. ea P ed for ndinS Article �a s f1r,,�t ade� • .4 . Ordinance .adiygy 27 of the rozioen °, �`, °rt Sew , 1•'3 $� o x`e :d'dt�ane.eeiyed ,,� ) ante �v amQ { aan lty Sr204,17:z.p'r.''0.ir,:, nce a �o re,�; nd,in � C°�i t te f'paid " y rdsg . ectlan tee Na,io `:arc- ectlon w*in C-2 dI1, .13 a re ommePublic ;t3ad sue i fog loading • sttric is he Zani nc ng y. awner. Pa -e l.ey is not area Rear Yard: size re A g a t use Pure �'we' �� t° CO�endZ� �Acrt �►a,� received �a or lot." as a means f�'°ma ' �'eacl � that. the - °� acc ree:t r 'Purposes from na 3 et w sentencfroe ohs c tI of e a it �. was ._ 2�ae P.ro o eet °r alley." acces ���� far �.� � ��� soon ; . to i cO�t;�ee ' accePt�p sed .o,rdi.n leasing area- , 1or, anc ea. Plann�, Co iaso study:' fIrst reading 'co ended Bus Zany along i t h referred Cca It e a , �`�"�- report a, the O he . a,� e�s°u�h�� � °' alna ce:ellmlnatIng the $` rece,�v� est Cr Lane 21. and ol3$hin 'side Or Vaver/ey �treet between med from Committee Vb. t reca e 1J °� ma�io� in8 d� bus -zone '�O • l�� has pane a �'nlve�si t er zan�, on lrtg an roll ca°f SmFazone thee' elisnat his �s�cato Avenge tI par n and 13/shop, p, was dop d bthly ete pan king 2�nen` adopted y � ����h ab�` man g', and - Cent idua vote o arne Aort was rr I�ri�' nci a. F.©re$te'cent Par�in eeecelved fr ra Avenue . Avenue .� venue Park -S%001 tahlisho m Committee 1 hears arom ter r,nana�`ve•u an sides °° Par ` canen di i , and ' SaLgth o d an the Center g Gave f� t near t� was gitp�� �x'dn$ce ��� P.M., t' c ©C'�Eer dewe s. was adopted second rea Vb., estao� Pt Sundays a��'�eeXi ,���'�a'na A^ chi , ah.imotta vote on matianhing this halm .4ct torliew Pir cn real ca°f �SimAsanN° arkitl �.�. an g`Zane„ ;' what Xar° � ?"e.�ort e Stat%are Bis�iap� .► ..ire atat� ��top� 3dt. b�e�V�'d from asta on to be built at D ss and tatrc�lVRo. 2 rec I adopted. of Midd=ef itect f ° �ndin Porter and Simpson field .wads ©r the new g this recaarmQndati°n. . Reclassification, Engineering Dept. A report was>received from Committee No. 5 recommending that a.position'of Intermediate Typist Clerk, C-47, in the Engineering Department, be reclassified to Junior Engineering Aide, G-55. On motion of Blois and Simpson, this recommendation was adopted. Amendment to Sec. 5`.0.3 (Solicitor) Ordinance No. 1451,. amending Section 5.03 of Codified Ordinance No 5':, regarding definition of "Solicitor" was given second reading, and on,motion of•Montrouil and Blois, was adopted by unanimous vote on roll call. Zone Change; Ordinance No'.: 1452, amending the Zone Map to provide for the rezoning -of portions of Block 6 and Block 9, Stanford City, from R-i,, Single Farily Residence District, to R -3-D, Neighborhood.Apartment, Design Control District, was given second reading, and or. motion of Montrouil and Huston,, was passed by unanimous vote on roll calf. Ordinance No. 1453, amending the Zone Map to provide for certain areas to be rezoned to R -3-G, Residential Garden Apartment District, and toR-3-P, Residential, Professional District, was given:,second reading, and on motion of Montrouil and.Huston, was; adopted by unanimous vote on roll call. Ordinance No. 1454, amending the Zone Map to provide for.the rezoning, of Lot 17, Block E, Southgate, from R-1, Single Family Residence Districts -to R -3-P, Residential Professional District, was given second reading, and on motion of Montrouil and. Huston, was adopted 'by unanimous vote on roll call. Committee Appointment The Mayor announced that Vice Mayor Montrouil will serve as a member of Committee No. 5 for the balance of this fiscal year in the absence of Councilman Wickett who is on leave. On motion of Huston and Montrouil, the Council adjourned, at 8:35 P.M. ATTEST: