HomeMy WebLinkAbout03231953The Council'ofthe City of Palo Alto met in regular
session on this date' --at 7:30'P.M,, with Mayor Mitchell presiding..
Roll call as follows:
approved.
City Hall, Palo Alto, California,
March 23, 1953.
Present: Bishop., Blois, Cashel, Drysdale, Hill, Huston,
. .Jackson, Marshall, Miller, Mitchell, Montrouil,
Porter, : ,Simpson, Wells.
Absent: Wickett.
The minutes of the meeting of March 9, .1953, were
Project 52-13,
Off -Street:, Parking, University Ave. District
This was the time fora hearing on Resolution of
Intention No. 2411 for'the'acquisition and improvement of two
parking lots on High street in Block 4 and Block 6. The
assessment district involved in this project is bounded by
Alma Street, Forest Avenue, Ramona Street, and the northwest
side of Lytton Avenue.
It wasreported,that letters and petitions in favor'.
of the project have; been received from theowners of 7+.11 per
cent of the area in .the'asaessment district, and that a large
number of letters. and petitions have been received from merchants.
and other citizens, supporting the off-street parking plan.
A written protest was received from L. E. McClellan
and Elsie: M. Whitling,"ownera of the property at 227-229
University Avenue,, objecting to the inclusion of this property
in the assesament'district.
The hearing was declared open, and the Mayor announced
that the hearing would; be. restricted to property owners within
the assessment district -or their representatives.
Mr,. Aaron AL Sargent, representing L. E. McClellan,
Maybelle McClellan,. Elsie` M: ' Whitling, Marjorie Whitling, and
Jack Whitling, owners of the property at 227-229 University
Avenue, ,addressed: the,'Counc:il `in.,- protest to the proceedings and
to the Inclusion, of; this property in an assessment district
for off-street parking.
Mr. Lorenz -Costello addressed the Council representing_
Mr. S. M. Vandervoort rho- was not.' submitting a protest at this
time but -wished to have , the answers to several questions. He
asked questions: regarding ;the basis and method of assessment,
how the ' assessments; are to, be paid',;:, and whether parking meter
revenue is to by used to help., payoff the bonds. In answer.,
the City Attorney advised that the: exact amount of the assessment
can not by determined`. at this time, that the basis of assessment
will, be det.erMined later, -and there will be a hearing at a later
date on the aiseeament;roll:=if the project is carried out;
that the assessments will be spread on the tax roll and will be
a part ,of the tax bill. :The City Attorney pointed out that
there isnothing-In the proceedings that commits the Council
to spend ` any'parking" meter , funds.on the project; that recommenda-
tons have been ;made tO the Council that the City contribute funds,
and the Council has adopted a policy that not over 50 per cent
of the parking meter funds would be used for this purpose, but
:that the Council has made' no:co .itment.
357
menus,,
Wells-,
Mr..Kenneth.McDougall, representing Mrs. Mamie. Mullen,
spoke to the Council. concerning her objection to the taking of
a parcel of hhr,property.for a parking lot and to the Inclusion
of another parcel„:owned'by her at the corner of Lytton Avenue
and High Street: in the asaesnment district.
Mr.-Prank'Criet., representing Mr. and Mrs. S...Kertz
and Mr.;"and Mrs. J..E. Shearer, addressed the Council in support
of the off-street parking` project, and Mr. Joseph Lawry,
representing,Mr T•. C..Christy and Mr. John Kohler, alao spoke
in favor of the" plan.
There being no others who wished to speak on the"matter,
the hearing was declared closed.
on motion of Montrouil and Hill, Resolution No, 245
overruling protects on the Resolution of Intention was adopted
on roll call="withl3"Ayes, Cashel voting No.
Resolution No 24l7 ordering acquisitions and;improve-
Project :52-13 was presented, and on motion of Hill and
was adoptedon roll call, with 13 Ayes, Cashel voting No.
.Resolution No. 2418, determining that the'public interest
„and'n.ecessity require the acquisition of off-street parking lots,
and directing' the: filing' of eminent domain proceedings-,, -. was
presented, : and; on motion of Hill and Montrouil, was adopted. on ;'
roll call., with 13' Ayes, Cashel voting No.
Pro ect:-'52-10,
N California Avenue et al
A report"' 'was made by the City Manager on the bids
receivedon March 20,' 1953, on Project 52-10 for the, improvement,
of North California Avenue and other streets, with the recommenda-
tion that the contract: beawarded to L. C. Smith Company in
accordance with their bid of $2320204.73, which is 10.89 per- ;cent :
below the Engineer's estimate.
Resolution No. 24190 ordering improvements, Project.
52-1Q, was presented, and'on motion of Hill and Drysdale,,was
adopted by unanimoi.►s vote- on roll call.
Resolution No,, 2420 ordering redistribution of assess-
ments, was .read, and on motion of Hill and Drysdale, was -adopted
by unanimous vote on roli call.
Resolution. No. 242.1 awarding contract for Project 52-10
to L."C Smith Company at the prices named in their bid eras read.,
andOnmotion of Hill and Drysdale, was adopted by unanimous' vote'
on roll call.
Petition for Writ of Mandamus (Off -Street Parking Proceedings)
Attention: was, called to the petition for writ of
mandamus, ile in the "Supreme Court of California on March" 20,
1953, by.A:aroz M. ,Sargent, :attorney for the Palo Alto Ci izens.
Association, to: compel the Council to call an election on the
initiative meaanrepreeented to the Council on March 2, 1953.
Mr -sargent : addressed .the Council in regard to this matter,- asking.
the Councilto postpone, all.proceedings on the parking lot
question,until the court makes a ruling.
The City. Attorney reported that he and Mr. Ernest Wilson,
attorney for -the. City on the proceedings, had studied the petition;
and are satisfied' that they have properly advised the Council from
a legal standpoint.
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0 Committee
ac s:t.ree. i Arope t o..y �imt 1 lithe Ater No. 1 recd
mss the APaverrt W'nera- .ben ins' be c ly of W. complete
co$t t port2an"` off, ta:. donsiati ei`iOted: by osed and abandoned,
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committee
COi: motion, nnectian with pa
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to prepare the r.enal $ ° d and 1, and Hid i th the clotting
ns d theCity 1, the
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necessa recommendation
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raoeedi S$ instructed'
Closing Portion of Pepper Avenue
A report was received from Committee No. 1 recommending
approval of the abandonment of a portion of Pepper Avenue as
requested -by the Rewlett-Packard Company, provided the company
paya•all expenses 'in connection with the proceedings.
The Planning:Commission reported that it had considered
this matter.and recommended that the portion of Pepper Avenue in
question -be closed. It was pointed out that Pepper.Avenue
northeasterly of Third Street is only a 30 -foot street, that it is
a dead-end street, -and that the property on both sides of the
portion proposed -to be closed is owned by Hewlett-Packard' Company.
Lorenz ;Costello, representing Vance Brown, owner
of property:on.Pepper Avenue near the portion for which abandon
ment.is'requested, asked. that an opportunity be given to
interested property owners to find out how the street closing
will affect them. b'efore`' action is taken. The City Attorney
advised. that it would.be necessary for the Council to pass a
resolution of intention:and set a date for hearing before any
final action can be taken.
On motion of Montrouil and Wells, the City Attorney was
instructed to start the necessary proceedings. Councilman Porter
did not vote on this motion.
Amendment >to Subdivision Ordinance
A report was received from Committee No. 1 recommending
the adoption of an ordinance deleting Paragraph (h) under Section
4.31 of :Ordinance No. 1316, the Subdivision Ordinance.' This
would eliminate the requirement that a certificate of the City
Clerk as to„ tax bond must accompany the final map.
The proposed ordinance was accepted for first reading.
Amendment. to -Zoning Ordinance, Side and Rear Yards, O -2 -Dist.
A report was received from Committee No. 1 advising
that :it has reconsidered the proposed ordinance amending Section
11.13, of the Zoning Ordinance, and recommending for .first reading
an amended ordinance amending Section 11.12 and Section 11.13
relating to side yards and rear yards in C-2 Districts..
The proposed ordinance as amended was accepted for.
first reading and,referred` to the Planning Commaission.
Am'endment'to Zoning Ordinance, Uses in R -3-P District.
A report: was received from Committee No. 1 recommending'
adoption'of an ordinance amending the Zoning Ordinance by adding
Sub -paragraph .`;(d),..`to section 8$.02 relating to uses permitted in
R-3-P.`districts-..
,Ordinance No. 1455, amending Section 8B.02 of the
Zoning Ordinance,, was given second reading, and on motion of
Montrouil and Simpson, was adopted by unanimous vote on roll;; call.
report.. was received from Committee No. 1 recommending
adoption of an; -ordinance' amending the Zone Map to change, portion'
of:Lot 77, Wooster Subdivision, from M -1-S to R-1, and to change .
portion of Lots 67 and' 68,' Wooster Subdivision, from R-1 to R-.2.
Ordinance N,o: 1456, providing for these zone changes,
was given second reading, and on motion of Montrouil and Hill, was
adopted. by unarlimaua vote onjroll call.
360
Permit for Non-confOrmin -St.ructures
A report was . received-' £roan Committee No. 1 recommending`';
that an extension of fives years, from. July 1, 1952, be granted
to, the Palo Alto'Unified. School District for the use of five
non -conforming: structures at the Palo Alto High School, provided
these structures are used only.for`storage purposes.
Oh motion of Montroui.l and Wells, the recommendation
was adopted.
Variance
A report;`was rreceived' from the Planning Commission
recommending approval of tie application of Palo Alto Nash, Inc..
for: <a variance of the rear :yard 'setback line requirements of the
Zoning Ordinance involving part ' of Lot 1, Brock A, University
Park, with the provision that no future building shall be built:
on the 12 -foot 1110 -area' as shown on the plans submitted with
the application.
On motion of Wells and Blois, the recommendation was
adopted.
Amendment -to Zoning: -Ordinance ; (Article 21.A)
A report wraa : received from the Planning Commission
recommending adoption of an ordinance amending the Zoning
Ordinance to,.inelude'a. new Article21A, "-N", Special Multiple
Family District Regulations. 'The Mayor pointed out that
the proposed ordinance.- would create a new zone in which new
apartment houses-could:be built but in which older houses could
not be remodeled'into.apartmenta°; that if the ordinance is
adopted, consideration would be given to placing certain areas
in such a district.
The proposed ordinance was' accepted for first reading
and referred to the -City Attorney and Committee No. 1 for
consideration and report.
In this connection, Mr. Lorenz Costello, representing some
property owners on. University:: Avenue between Middlefield Road
and Seneca Street, asked.,fo.r information about the proposed
ordinance and called. attention to a petition filed about two years
;ago by. Mrs,. L. R.. Bittner and others for rezoning. He was
advised by the Mayor that .the question has been under study by
the Planning.:Cominission and.comaittee but final action has not
yet been taken.
Tentative Map, Tract No. 1138
A,report.was received from the Planning Commission
recommending approval of the .revised tentative map of Tract
No. 1138, Colonial'Court,.dated March 4, 1953, subject to the
recommendation Of the City. Engineer, the provision of required
utility easementa,',the-'submiasion of an acceptable street name,
and the provision of<a one -foot reserve at the end of the street
at the northeast boundary.
On motion,of Montrouil and Simpson, the recommendation
was adopted.
n 71 -.
report was received from the Planning Commission
recommending appr"oval'of the redivision of Lot 3, Block 254,
Millwood Subdivision,, subject to payment or segregation of
Assessment No'. 41-A,B.ond Series "JJ", Project 48-13, as
recommended by the:"_Cty'Engineer. On motion of Montrouil and
Wells, this recommendation was approved.
The Planning Commission also recommended approval of
the redivision- of Part of Lot 49, Wooster Subdivision, in s0
far as it applies to the southwest lot fronting on Loma Verde
Avenue, shown as 540:''Loma Verde Avenue, and that the northeast
lot remain: a part; of the original parcel, subject to the ,granting -
of a utility easement and the payment or segregation of Assessment
U"
No. 508, Bond Series "U , Project 51-15. On motion of
Montrouil and Wells, the recommendation was adopted.
Utility Easement
Onmotion of Blois and Hill, and by unanimous' vote on
roll call, the Council adopted a resolution accepting. easement:
for utilities.,, covering portion of Lot 49, Wooster Subdivision,
from William'E. and Mary E. Pickthorn. This easement was
required as acondition of approval in connection with the
lot redivision of part of Lot 49, Wooster Subdivision, just
approved.
Planning Program
A communication from Allan H. Reid, Chairman of the
Planning Commission, concerning the planning program and budget
requirements for 195.3 -5"4, -was referred to the City Manager and
Committee No. 4.
Reorganization, Division of General Recreation
A report..was received from Committee No. 3 recommending,
approval of the plan for reorganization of the Division of Genera31
Recreation to provide for the upgrading of one recreation leader
to supervisor, and' for the creation of a full time position of
Pool Manager and Sports,. Supervisor. It was explained that: no
additional funds a.re; required at this time.
On motion of Miller and Huston, the recommendation
,was adopted.
Cancellation of Taxes
A. report: was received from Committee No. 5 recommending_
the cancellation of taxes on certain properties' acquired by the
State of California for State, Highway purposes, in accordance"
with :requestof the. Division of Highways, said properties to- be
removed"from,'subs:equent assessment rolls. The properties involve
and amount of taxes to"be cancelled are as follows:
Portion,of""Lot 12, Block 3, Seale Subdivision,No. 5,
Tax Bill ,No. .8220, total tax for 1952-53 of $198.36
plus penalty;:of $5.95.
Portion of Lot 15,, Block 6, Seale Subdivision No.
Tax,Bill No 8636, second installment of 1952-53
taxes in' the amount of $15.84.
Portion of Lots 14 and 15, Block 6, Seale Subdivision
No. 5, Tex; Bill' No. 8640, second installment of 1952-53
taxes in the amount of $25.20
Or i Znce °r1dlnanc -�- was
c ,� ., l tb z' Ayes, Marshall
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adopted on r®�Z �call,
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of �ttpn
taxes C motto
voting au thorized y vote pion end
No• by rote td and trYsdele
vote an On mot1:o
easement
roll call,
n or�Za s
Ruppel fog• ut ' the` Co d a
Cl tS 3, oo�,e27.4n ix ty p . c11 Adoqtr°u12
ez ca1a with �etxor� 'of des, arshasaa
ubdj� $, or$ Aort1® sea r . ted a re
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. pp eo and .op accepting
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d to an$, 27 of the ion
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end Wet ts, WAating S
is siv
.o,rter voting Na do.
Acre �, w m°t n ng
t111ty raerino us also. her of these business Z ose
Tr`'``-�-� Mr. Cam r d#ng ae$ fed on comparative o, �sxes nso
un me Vie' c'o `'� study
3y d tuac
the lY t o ;Mri'I Hey bars "Pre
°n behalf
to send l zee bent seed thelr of the C u , erber of he Ci t m m, deep regr@ t
On pia 1` e• Corm h pis s of the
annI�
°n the s2ng pa},d
Counclx adjourned at 9:25
App
accepting
Lance of Dee
ma
site Parteaof led .:p t r ot8 a1 1 0
y adopted o app f . of & and
ntroull, Fie
Statistical _ by Ut'h1 us teiy 51 a °Pinent ca Resolution No
comparative 2r�far� ���� ale °n X11 �ca° � �s�g���e ��� �� �
As
�wo�o date; on matter �� y nail
additre ional �x�.t other c2 qr s tInon, the if C
taxes, " while Palo n�iep� n 8 out California Nan ger
°f In f Zo Alto h' -s a ft Ies tar t most o fhb h operate