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HomeMy WebLinkAbout08241953„p2227/42.1.ion of Old / nuteS or the meeting or ugust 10, 1953, were 4 R. Larsen) 1 jao C. Small, attorney,in behalf or k lbe C°124c;:l Iv" InfPrmed thalt4Yalm ilgelele.:11 .::hi, elic'Y'-:., I Property, incUrred When a :large tree tell acros the rear portion / SoUth of VniVerSitY'Avenue of his atitornoilewhen claimant was d ving along E2 Camino Real that the :clalm be dOt4tt, ., Alto there is no.',11abilitY orYth 'Part of the City, and reaommendin / that Since the accident•occurred ()inside t e city limits of Pa10 . , A report waS reoelyed from the City Atto ey advising' - .. city Hal l ' Palo August 24, 2953Callf° la ses.sla, on The C.a Roll call as©' date at ?.unell of the City; o f Mows: 30 P•Ar•, With RaYo lo to met 1n Pre`�,�nt: ByXb�e Yor �ars;�; regular Haas ' Cashel, all ' ARdpp , h rsh j C cpran, Cummings r sRan e Absent: B shop: � son, Gkett rtcr, R d ydaz�, Ha anr .__ l'�p. �� Raney, 1 Commerce A letter �� c Ha� l�� denied. endati°n of I Co attachingwas atem i site Directors a received {( date. on Ramon recommending ea°f policy Palo Alto Inta an �,Councll convert b Cumber of demolition to �'m°t��r, of f~street parking .� tthe cxd City Hall y its Po o4 i this �mQ f on °f e Committee �,oYxbee and Drysdale, a. t ar, ea �� I tlon• odd CitY H �Z,cOn de this comet beattributed tca t dto A s time Councilman o Councilman Cashel ' J ofnth s better ected• himat the unc n voted .c e to sell Xe state unc Council asked °n s o corn explained that the site d that he SI meeting d the. uId h� tna did �nS o a statement for a being he p° t bone dvun the . until some future of demolishing parking it would be/ 3" lot. e sale the be date„ poi the He 's'er Plan �' AropertY nti�?' out that Letter considered, t ananmlr, t� �°Tm'urzlcat,lo f Plannln Com one of these � Co aln�alnS � C°dn�l i n Was received `�1s�o� J th e pro', addressed ter flaattention the from the would like -to program should the Co Mr. Allan Reid, 1annlnS Ca mmission advised mmis thato d dress s be work Cil stating at the Choi des feels unc l member• copy of t he Co Matter witout h the coming e committee. f e he mission r letter g year Commission feels s getter would d Re Ent to each On motion -of Wickett and Byxbee, the communication was referred to .Committee No . 5. Utility Easement•from Elks Club The City Manager submitted a grant of easement for uti,3ity puurpose from'. Palo Alto Lodge No. 1471, Benevolent and Protective Order of Elks, covering a portion of Lot 3,,of the William,Rowe Subdivision,, explaining that this organization has requested that a'six-inch water main and two hydrants be installed in 'an easement on their property from El Camino Real to:Hilkie.Way. He advised that the water main and hydrants, estimated to cost $4,290.00, will be installed at the expense of the property owner, and that the hydrant rental charge will be paid by the property owner. The City Manager recommended that this grant of easement be accepted. On motion of Wickett and Drysdale, a resolution accepting this easement was adopted by unanimous vote on roll call Contract, with Chamber of Commerce The City, Manager presented an agreement between the City of Palo Alto and the Chamber of Commerce for the services to be furnished by the Chamber of Commerce for the fiscal year 1953-54, for which an appropriation of $5,000.00 has been provided in the current budget. On motion of Porter and Simpson, the Mayor was authorized to sign this agreement on behalf of the City. Bids on Aluminum Wire and Poles A report was Made by the City Manager on the bids received on. August 7, 1953, on aluminum wire, with the recommendation that the bid of the Aluminum Company of America in the amount of $8,374..72, including sales tax, be accepted. The City Manager also reported on the bids received on the same; date On poles, with the recommendation that the bid of. the Minneapolis Cedar and Lumber Company in the amount of $2,631.65,.ineluding sales tax, be accepted. He further recommended that the services of a testing company be acquired to test the poles from' Minneapolis prior to shipment to Palo Alto, advising that this would cost approximately $200.00, which, would s.t.ill be ,a saving to the City of approximately $100.00'over the next low bid. ,On motion of Mitchell and Byxbee, the bids of the AluminumCompany of America,.for aluminum wire and the Minneapolis Cedar and Lumber.Company for poles were accepted in`accordance with the City < Manager t s, 'recomanendations . 'Improvement of Charleston Road, Gas Tax Funds On motion of Drysdale and Byxbee, granted authority to advertise for bids for the center strip of Charleston Road between Middlefield Road, and to award the contract restonsible bidder. It was explained that available for this work. the City Manager was the improvement of Alma Street -and to the lowest gas tax funds"are now Purchase of Resale.Gas, Federal Power Commission The:..City Manager informed the Council that he has been: notified by the Paeific .GasAE Electric Company that the City of Palo; Alto' is now underthe jurisdiction of the Federal Power. Commiiss :on in'` the purchase of resale gas from the Pacific Gas & 436 Electric Company,_ and that the government at Washinston will have to'approve future contracts. The City Manager advised that he had wired the ComaiisSion asking for a hearing on rates proposed to be charged the: City and stating that the City questions the authority of the Pacific .Gas & Electric Company to increase rates because of the new Jurisdiction, and also requesting in the telegram that.before' suc:hrates. become effective, the City be' given an opportunity. ,to examine them and file a protest. He also pointed c t tbht the proposed agreement and general terms and conditions are new. The City Manager stated that the California Public Utilities Commission advised on December 11, 1951 that the Pacific Gas` & Electric Company and:: the City should negotiate a new contract, and that the, negotiation has not yet been completed; and:that he had advised:,;the. ,F,ederal Power Commission that the agreement to ,be submi=tted;. to 'them; by the Pacific Gas & Electric Company.`is not a negotiated agreement and contains conditions detrimental to the Cityts operating on an equal status with its competitors, and had reCo:mnended that the current rates be approved by the Commission :on an interim ;basis pending final hearing on the present rate and the proposed rate.schedule. Thee City Manager stated that he would keep the Council informed as to:Aurther;developments. No action was taken. Variance, W > F. K1ay, _Block 50 A report was received from the Planning Commission recommending that,the application of W. F. Klay for a variance involving a reduction in the front yard setback on University Avenue from 40feet, as' required by the building setback map, to 20" feet, on the property at the easterly corner of University Avenue' and Middlefield Road, being. Lots 41 to ' 6 inclusive and portion of Lots; 40 and 47; ' Block; 50,. University Park, be granted,. with the proviso that none 'of t:e resulting front setback be used' for.off-street parking.: The Planning Commission further recommended on its own initiative that the setback on Middlefield Road of 24 feet be reduced to 20 feet, with the provision that none of the resulting 20 -foot setback between University Avenue and a point 20 feet from the easterly end of the building be used for off-street ,parking. Onmotionof Huston and Mrs. Corcoran, these recommends tLons-were adopted. Use Permit; H. M. Beaudoin, A .report: was` received from the Planning Commission recommending granting of .the, application of H. M. Beaudoin for a.` use permit to construct additional utility and lavatory facilities at the Beaudoin -Dance Studio,_ conducted as a non -conforming use at �+6 Colorado; Avenue on Lots 1,` 2, 25 and 26, Block 1, Homeland Subdivision, provided the_1k-foot dimension as shown on the plan is reduced to 12 feet and provided further that there shall not be any second story storage use allowed, as indicated on the applica- tion . Mr. Arthur. J. Cathcart,, attorney representing Mr. Beaudoin, addressed the: Council- in support of the application, pointing out that reducing the room dimension and eliminating the use of the second story for storage space would result in inconvenience. Mr. Frank t.. Crist,, attorney representing ten of the nearby property owners, objected to the operations of the dance studio because of. the noise nuisance, and urged that the Council net approve the perpetuation of such a business'': in a residential area. Mr..;.B.eaudoin toid`the Council that he has been operating a dance studio at. this location for twenty-one years. Mrs. Maurice miller, 2657 Cowper Street, also=. spoke on the matter,.opposing the application and objecting to the_ noise -.from the studio.` .:Councilman Huston called attention to the:fact that the ' only,;questior. before the Council is the application: for' a use permit to,add-the lavatory and utility facilities requested, that'the Counc.il.does not have the right to discontinue ahe dance -studio which can remain there as a non -conforming use.' The Planning,Officer explained that the Planning Commission; recoumiended that the size of the addition be reduced because of roofing problems. In answer to an inquiry by Councilman Cummings, it was explained thattwenty-nine notices had been sent to property owners in the zone;.of interest and that seventeen had signed a protest.: It was moved by Cummings, seconded by Rodgers,, that the application be- .denied.. Mrs. Corcoran felt that action should be deferred until `the question of expansion of the non -conforming use is reviewed; `as` well: as questions relating to such coMmercial uses in;a residential district. She proposed an amendment to the motion to refer' the matter to a committee, but was advised that thia was out of order.` A roll. call vote on the motion to deny the use permit was as follows: Ayes: Corcoran, Cummings, Rodgers. Noes: Byxbee,- Cashel, Drysdale, Hanley, Huston, Marshall, Mitchell, Porter, Ruppenthal, Simpson, Wickett. The motion was declared lost. it:.wai then moved by Mrs. Corcoran, seconded by Drysdale, and carried that the matter be referred to Committee No. l for study and, report. Abandonment • of Easement, Tract No. 1128 Resolution of Intention No. 2473 to abandon easement over portion of Tract No. 1128, The Meadows, was presented, and on motion of Rodgers and Porter, was adopted by unanimous vote on roll call; with hearing set' for September 14, 1953, at 7:30 P.M. Utility Easements . On Motion . of :Mitchell and Simpson, and by unanimous vote on roll call, the Council adopted resolutions accepting grants of easements for='uttlity. purposes from the following, these easements being.for,water mains .along San Antonio Road: Birdsell Manufactur- ing Company, - portion ; of'' Lot :34, Tract 219, Peninsula Garden Farms:; Max Milier,,'portion of Rancho'Rincon de San Franc.isquito; Tiburclo and Dolores Zuniga, portion of Lot 8 and por..tion, of Lot 9 Tract 219,x, Peninsula' Garden ; Farms; Pearl M. Brooks and 'Mary A Brooks, portion of, Lot 31 ,a,ndd portion of Lot 32, Tract' 219;. Jose, T. and ,Jesus M.. Lira, part of Lot 12, Tract 219; and George H. and Eula M. 0]trogge,. part of Lot 13, Tract 219, also an easement :from Maxty Spotorno covering portion of Lot 2, J. J. Morris Real Estate .Company's: Subdivision of the M. S. Loucks Tract, for utility." and drainage purposes, which easement was required as a condition of approval of the map of Tract No. 1135, Rairmeadows Unlit No. 2 also resolutions accepting the following. easements which were required as condition of approval of lot re - divisions: Gnsand 'Martha Looney, portion of Lot 94, C. M. Wooster Company's Subdivision; George L. and Thelma J. Pritchett, portion of Lot 3, Block 1, Seale Subdivision No. 6; Mary P. Baker and Nina P. Patio, portion of Lot 7, Block 5, Scale Addition No. 6; and Lawrence and Barbara S. Nall, portion of Lot 1, Block 7, Seale Subdivision No:. 5. Amendment to Zoning Ordinance, "R", Restricted Multiple ra ly District Regulations A report was received from Committee No. 1 recommending that 'the :.application of the property owners on university Avenue in the R-1 District between Middlefield Road and Seneca Street for the rezoning of their property from R-1, Single Family Residential District, to R-2, Limited Apartment District, be denied; that .the "N" Zone, Special Multiple Family District, be eliminated; and thatthe proposed "R", Restricted Multiple Family District, be adopted as Article 21A of Ordinance No. 1324, the Zoning Ordinance. Ordinance No. 1487, amending Article 21A of the Zoning Ordinance to provide for "R", Restricted Multiple Family District Regulations,. was given second reading, and on motion of Mitchell and Cunnings, was adopted by unanimous vote on roil call. Variances (Howard White, Graerne MacDonald, Palo Alto Sports Shop) A report was received from Committee No. 1 referring the following applications for variances, to the Council without recoimnendation: . 1:, Application of Howard White for variance of the off- street ,parking- requirement of the Zoning Ordinance involving the erection Of a building on Lot 28, Block 20,,:'on the northeasterly side of Bryant Street betweenUniversity and Lytton Avenues. `(ThePlanning 'Commission .previously transmitted thisapplieation to the Council without T ecomrnendation . A motion to recommend denial on the. basis .;that. there has been no demonstrated hardship'. as distinguished from any other unimproved orope,rty: iii, the :'"'S"':;zone received 3 Ayes and 3 Noes .n ,the Manning: Comm:saion. ) :application of Graei e MacDonald for variance from the 20-foo"t: yard requirement and the off-street parking requirement of the Zoning Ordinance involving Lot 16,, Block: 12, 'known. as 214 university Avenue. (The Planning :ComMission previously recommended approval provided'' the' applicant provides within` the new .structure',a,facility for refuse disposal which is accessible : from the outside of the building_and of construction detail satisfactory to the Iuilding`:Inspector. ) 3. Application 'of the Palo Alto Sports Shop for a variance 0±' the regulations of the Zoning Ordinance, involving the construction' of a second story warehouse .over the: one-story shop in the rear of the main building at 526 Waverley street. (The Planning, Commission previously recommmended that the application; be approved for the reason that the addition doesnot cover ground space.) 439 Mr. White addressed the Council in support of his application; stating ;thathe has a tenant for the building he proposes to":build'and there is a time limit on the transaction. As his lot is •only 25 feet: w%de, he felt that it was unfair to require Off-street parking in this case. It was moved by Mitchell, seconded by. Huston, the variance as requested by Mr. White be granted.. 'After discussion of the application and the purpose of the "3"regulation, a'motion was made by Ruppenthal, seconded by Cunuuings, .that the Motion to grant the variance be tabled. The vote ,on roll call was as follows Ayes:.Byxbee, Cashel, Cummings, Drysdale, Hanley, Rodgers, Ruppenthal. Noes: Corcoran, Huston, marshal?, Mitchell, Porter, simpson,`Wickett. The motion was declared lost. A r011 call vote was then taken on the motion to grant the variance, as follows: Ayes: Corcoran, Huston, Mitchell, Simpson, Wickett. Noes:' Byxbee, Cashel, Cummings, Drysdale, Hanley, Marshall, Porter, Rodgers, Ruppenthal. The motion was declared lost. (The Council took a recess at this time, 10:00 P.M., and reconvened at 10:10 P.M.) On motion, of Huston and Simpson, the applications for variances'fromGraeme MacDonald and from the Palo Alto Sports Shop were' referred back to Committee No. 1 for further considera- tion-. Later:in the evening Messrs. Arthur Reininger and Melvin Brown appeared before the Council on behalf of Mr. MacDonal and urged that<the Council give consideration at this time to the application for avariance from the 20 -foot yard requirement and the off-street parking requirement in connection with an addition to the building at 214 University Avenue. Mr. Reininger explained the need for this addition for storage space for bulky merchandise. Reference was made to the„recommendation of the Planning Commission for approval of the application, with the provision that the. appl.icant,provide within the new structure a facility for refuse disposal which is accessible from the outside of the building, and of construction detail satisfactory to the Building Inspector. 0 motion of Ruppenthal and Porter,, the recommendationoy the Planning Commission was adopted by the following vote on roll call: 'Ayes: Cashel, Corcoran, Huston, Marshall, Mitchell, Porter, Ruppenthal, Simpson, W{ckett. Noes Byxbee, Cummings, Drysdale, Hanley, Rodgers. The Council _ ttaen considered the application of the Palo p lto Sports Shop for ' a variance of the regulations of the Zoning ordinance ,involving .the ;construction of a second story, warehouse over. -the one-story shop in the rear of their building at 526 WaV,erley` Street; On motion of. Huston and Simpson, the variance was granted 'by the followirsg vote on, roil call: Ayes;: Byxbee, Cashel, Corcoran, Drysdale, Huston, Marshall, Mitchell, Porter, Ruppenthal, Simpson, W1ckett.. Noes: Cummings, Hanley. Not Voting::.. Rodgers. Street Name Changes A report ,was�received from Committee No. 1 recommending that the petition of residents - on Diss Road to change the name of this street- from DissRoad-to "Meadow Drive" and the request of the Post Office. for a.change in this street name be granted for that portion Of Dlss,Road`lying within the city limits, and that the name. of Oliver Street in the Burke & Wyatt Sub- division be changed to:'"Duncan Place" as suggested by the Post Office Department. On motion of Mitchell and Byxbee, the recommendation of, the committee was adopted, and a proposed ordinance changing the name of Dias Road:to Meadow Drive and the name of Oliver Street to Duncan place was given first reading. Santa Clara County -Numbering System on E1 Camino Real A report wars received from Committee No. 1 recommending that the house numbering;system'on El Camino Real as proposed by Santa Clara COunty:ber not adopted, and that further consideration be given only upon an overpowering request by residents and v erchants on E1' Cemino Real . On motion of Ruppenthal and Rodgers, the recommendation of Committee No. l was adopted. ,Airport Property, A, report was received .from Committee No. 1 recommending` that the communication from Paul L. May, attorney for the Palo Alto Airport, Inc , be acknowledged, informing him that the City Council .1s -tot -interested in purchasing the airport property. It, was explained by the City Manager that the Airport had two leases with the City of Palo Alto, one for 12 acres on which" the Improvements,. are: located, and one for 1'+0 acres on which the runways are located; that the lease on the i40 -acre parcel has expired; and'because'of problems involved in the operation ,of the airport they had offered the property for sale to the City. On motion of Mitchell,and Cummings, the report of Committee No. 1'wae adopted. Lease of Bay -Land s to W. T. Wilson A report :was received from Committee No. 1 recommending that the request of W. T. Wilson to lease 25 acres of Bay lands. 441 for farming purposes be accepted. On' motion of;.Cummings and Huston, the recommendation was adopted and the execution of the lease was authorized Proposed Ordinance requirin5 Meetings to be Public Councilman Hanley introduced a proposed ordinance amending Section 1O. of the Administrative Code to' provide that a1.1 meetings of the`Counc.ii, committees composed of Council members', and of the Planning Commission shall be open and public. Onmotion, of Hanley and Byxbee y the proposed ordinance was referred' to C.orunittee No. 5 for consideration. On.no:tlon of Mitchell and Cummings, the Council adjourned at ll:15 P:! 2 City Clerk