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HomeMy WebLinkAbout09141953City Hall, Palo Alto, California;, September i4, 1953. The Council of the City of Palo Alto met in regular" session' on thi . date at, .7.30 P.M., with Mayor Marshall presiding. Roll' call as follows:, Present: Bishop, Byxbee, Cashel, Cummings, Drysdale, Hanley,, Huston,; Marshall, Porter, Rodgers, :;uppenthal, Simpson. Absent Mrs. Corcoran, ` Mitchell, Wickett. The minutes'of the meeting of August 24, 1953, were approved. Abandonment of Easement, Tract No. 1128 This was the time for a hearing on Resolution of Intention No. 2473 to abandon an easement over portion of Tract No. 1128, The Meadows. The hearing was declared open. There' being no one present, who wished to speak on the matter, the hearing was closed. Resolution No. 2474 ordering the abandonment of this easement was read, ',and; ,on motion of Drysdale and Bishop, was adopted by unanimous vote on; roll call. Project 52-10, North California Avenue et al Resolution No. 2475, reducing Assessment No. 102 under Project 52-10 from $763,0.7 to $691.57, was presented,. It was explained that the assessment previously conffrmed included the amount of $71.50 for a sanitary sewer lateral which was not necessary to serve the property assessed. Or motion of Porter and Simpson, the resolution was adopted by unanimous vote on roll call. Project 52-16, Off -Street Parking, California Ave. District On :notion of Cummings arid Rodgers, all matters in connection with Project 52-16 were continued to October 13, 1953, at 7:30 P.M. (Councilman Wickett carne at this time 7:10 P.M., and was present for part of the meeting.) Resignation from Planning Commission 1 ppo ntment of -New 'imVer The Mayor read a letter from Mr. Frank K. Shallenberger submitting his resignation from the Planning Commission. On motion of Huston and Drysdale, the resignation was accepted with regret. The Manor nominated Mr. Peter N. Lubchenko for appoint- ment to the Planning CorziBsion to fill the unexpired term of Mr. Shallenberger, ending -June 30,`1956, and on motion of Porter and Drysdale, this appointment- was confirmed. Resolution Commending Dr,Chandler The Ci.tyManager reported that Dr. Loren R. Chandler, Dean_ of the, &tanford Medical, School, and Chairman of the governing board of the>PaloAlto Hospital, `is retiring after twenty years. of service:._ On< motion .of, Drysdale and Cummings,che Council adopted,a resolution commending Dr. Chandler, for his work as Chairman- of. the Hospital 'Board and for his services to' the City of PaloAlto in this connection. uitclaim of -Easement Pickthorn Property Grant of•Easement Tho.City Manager presented a quitclaim of easement covering a portion of Lot 49, Wooster Subdivision, and. a grant of a new, utility easement from William E. and Mary E, Pickthorn, explaining that'the`quitclaim and the new easement are required in connection with conditions of approval of a division of the Pickthorn'property. On motion of Drysdale and Rodgers, a resolution • authorizing.execution of the quitclaim was adopted by unanimous vote on roll call. On motion of Drysdale and Rodgers, a resolution accepting the grant :.,of the new utility easement was adopted by unanimous vote'on roll call. Change of Street Name The City Manager transmitted a request from •Postmaster Ralph -W; Evans: that the name of Maybeck Place be. changed to Dixon Place, to avoid confusion between the names "Maybeck" and "Maybelle". A proposed ordinance changing the name of.Maybeck Place to Dixon Place was accepted for first reading and, referred to Committee No. l .Bids on :Charleston .Road Paving, Project 53-5 A report was made by the City Manager on the.bxds` received on ,.September 4,, 1953, for the paving of a center strip on Charleston Road from Alma Street to Middlefield Road,- with the information that" the lo; . bid of Bahr- &. Le"doyen ,1nc; " in'the amount of $1k,60i.'.00,' which was 6.1% below the Engineer's,' estimate; was accepted and. the contract awarded to this firm.', Gas Rate increase Protest to Federal Power CoramAssion A report was made by the City Manager on the status of the application; of the Pacific Gas & Electric Company for 'a gas ra;te'.increase,` 'which is now before the Federal 'Power Cor nissien «; ` The. City" Manager advised that a meeting was held . •, ith representatives o±;the`Public Utilities Commissionand the ,Pacific Gas & Electric Company, which was attended bythe City Attorney, the City, Manager and the gas engineer, and a detailed discussion; was held on the matter of the rate increase. He "reported that the' representative of the Public Uti1!tles Commission recommended' that both parties accept a 1¢ "increase on the commodity `rate and :that Palo Alto be granted additional connections, to the Pacific'Gas & Electric distribut,on:system; that the City .was. willing to accept such a proposal but the. Pacific Gas & Electric Company would not accept it. The' company offered to accept."a, 2¢ increase but the City's representatives were not willing to accept such an increase, and after -no agreement agreement could be reached, the representative of the Public 444 Utilities Commission asked the.,gas company's representative to review the.matter with their officials and make a further report to the Comriis_ion,•' that the Pacific Gas & Electric Company has. reported thatthey wi11 accept a 1 3/k¢ rate increase with no new''connectl.ons allowed, with .tne•understanding that as connections are needed they would deterrai'ne at the time whether or not they are justified: The City Manager recommended that a formal protest to the proposed rate:,` increase, be filed with the Federal Power Commission.. , He ;stated ,t:hat he felt the Council should strongly oppose the increase and request that a hearing be held in California on the" ,matter. He pointed out that a ter. --year contract is involved, and -that it would be wise for the City to. hire a rate expert, if necessary, to present the case. On 'motion of Byxbee and Drysdale, the City Manager' recommendation' for the filing of a formal protest with the Federal Power Comrnissior was adopted and the Mayor was authorized to'sign this protest on behalf of the City of Palo Alto. Tower Line Easement to Pacific Gas & Electric Co. Areport` was madebyethe City Manager on the request of the' Pacific Gat " & Electric- Company for a tower line easements consisting. of approximately ' .?+ acres, of land located southerly of ,Ba'y ,J oari,. and : easterly' of the - Cooley Landing Substation.' He: advised that this matter has been under consideration for some tame,,' rind that the CompanYehas offered the sum of $1750.00 for, this easement;. He recomm:emded that the offer be accepted'and- that .a right of .way agreenient.;grenting this easement be executes• , on motion of Porter and Drysdale, the Council by unanimous vote .on roll. c'al.-l• adopted a resolution authorizing the Mayor and City Clerk `to execute this ' agreement. Purchase ofSubstation and'`" Facilities The .C1ty Manager-reported'on.the negotiations with the Pacific Gas ' & Electric Company`:' for the purchase of their sub- stationat Newell Road:- and::..Hopk .ns Avenue, together with electrs cal transiniss,ion and, distribution ;facilities in the vicinity of the substatian, as a." part ;of the program. for completing the 60-kv loop system. ?ie advl'sed that` .the first appraisal submitted by the Pacific Gas & Electric:Cornpany,for these properties was $92,gk6.00, while the'City's original appraisal was $71,000.00. After review arid, discussion, . the Company has modified its appraisal to a total of X7.5;'; 89'8.00. The City Manager recommended that this figure be accepted: acid that the purchase be authorized at total price of $75,-89$..00 plus sales tax. He pointed out that the sum of $;69.,000.00hat been budgeted for this purpose and that transfers could be ,made' for the additional funds needed. On motion of Porter and Drysdale, and by unanimous vote on roll call, the recommendation was accepted and the purchase authorized for $75,398.00' plus sales tax. Upon recorarnenclation of the City Manager, it was moved by Wicke.tt., seconded by Byxbee, and carried by unanimous vote on roll calla that the Controller be authorized to make transfers from. Accounts 3346, 3347, 3350, 3351 and 33 52 of the Electric Division budget to provide the funds needed in excess of the amount, budgeted for:the purchase of the properties. Agreement- with School District re Swimming Pool The' City Manager presen ted an agreement between the Palo Alto Jni.fied "School Distract and the . City of Palo `ha to for`; the: construction and maintenance of a swirmin4 pool at 'the , Ray'_Lyman Wilbur . Junior: High School, with the recomnendat1.on: that the agreemont,: bo executed. He explained the provisions of the' agre:er ent whereby the City will contribute one-fourth of the cost of the'; pool, -not to exceed ; 1.5,000.00, the` City to' have the use' ,of the pool, during the summer, from June 16th, to September' 5th -of Each year, when it would be operated .by tr'e Recreation Department, the, City receiving all the revenue front the pool .during 'that period. On motion of Huston and Cummings, and by ur nimouo vote on roll pall, a',re'solut':ion_ was adopted authorising the Mayor and City Clerk tLo ,exeiute the agreement. Bids on -Automotive 'Equipment A report was ;Trade by the City Manager on the bids received _ or -September 11, 1953, on automotive equip.' er:t, _ w;ith the reeoruaendation that the following bids be accepted::' Two 2 -door sedans f_r orr; Lutz',Ford Sales, at $1,487.6 each paus ales tax; one' t: -door :sedan from the Peninsula Chevrolet Company at U, 566 39 plus sales tax, less trade-in al,lowanc, of $2.13..72; and one panel, truck from the Peninsula Chevrolet Company at $1)498..30'plus sales tax, less trade -,n allowance' of $101:90. On motion of Drysdale and Porter, the above bids were accepted in accordance with the City Manager's recommendation Bids on Transformers The City Manager reported on the olds receiver; on September. 4, 1953, .on transformers, with the recommendation that the bid of Diehl Electric Supply Company in the amount of 01,593.68 beaccepted, less cash discount of 1 .10 days. On .mot:.or; of. ;Rodgers and Byxbc e, the recommendation for the acceptance of this bid was adopted. Transfer for'.Motor Scythe - The City Managerrecommended the transfer of�,29J4.0Q from Account :255-17 -to ;Account 155-99 for the purchase of an. Allen motor scythe: He .exP?.ained that this piece of equipment. is_ being used -On a rental basic and that the rental can be applied to the purchase price*., On ;notionof Byxbee and ?Cr 4er, the transfer was authorited by unanimous vote on roll call. Purchase. of Property in Block 23. for Parking Lot The -City; Manager_reported that the Pacific Te1ephOne Te1egreph Colioany.,, ,. v.hich owns three lots on Hamilton Av?nuQ_ in Block. 21,, has'.,offerecl to sell to the City a parcel having b•2' feet of frontage ,on Hami?ton Avenue and a depth o.f 200 feet', for -the. sum , of $25,000.00, on Condit .on that the Company will be r eJi eyed of the requirement . of providing off-street parking in. conneetion ' with : the' development of °its' property, and that a permit is ;; ;ranted to the ,Company for construction of a bridge between a ;building to _be erected on its property and the present building' a:t 529 Brya Street. He informed the Caurloil that a grant deed conveying the 446 62 x 200 -foot parcel to the City of Palo Alto has been placed in escrow, and read,a copy of letter from the Telephone Company to the California Pacific.Title Insurance Company which contained the escrow instructions. The City Manager reviewed the negotiations with the Telephone Company and other property owners, and submitted a map showing the design o:£ the proposed parking lot in comparison with the original plan for an intetior parking lot in Block 21. He advised that it is proposed'to acquire 20 feet from the Congregational Church and the owners of the properties occupied by the Palo Alto Sport Shop, ,Eyerly's, and Reed, McCauley 24 Richards; that:A k5 -car parking lot can be designed on this area if it is acquired, the lot having 82 feet of frontage on Hamilton Avenue, and that it can be; developed, before Christmas if prompt action is taken.. The City; Manager .pointed` ,out that the price of $ 25,,000.00 offered by the Telephone Company is much less than the appraised` value of the property. The Council was informed that the Telephone Company haz filed -an application for a:variance of the "S" zone requirements of the Zoning Ordinance, and that the Planning Commission will hold a hearing on the variance application on September 16, 1953. It was moved by_Byxbee, seconded by Porter, that the offer, of the Telephone.Company b.e accepted; that the Mayor be authorized to execute a; contract on behalf of the City incorporating the conditions, of acceptance and authorizing payment of $25,000a00a. to the Telephone Company for the property, and that a resolution`s be adopted accepting the deed. Councilman Cummings objected to tak'.ng action until a report on the variance ; is received from the Planning Commission. It was pointed: out by the City Attorney that the transaction ;would not be completed until the conditions are granted, and also that contracts have to be entered into With the other four property. owners involved for the acquisition of their properties After discussion,the motion was adopted by the following vote on roll call, Ayes: Bishop, Byxbee, Cashel, Drysdale, EanIFT, Huston,' Porter, Rodgers, zuppen 1 al, Simpson, irJickett goes: Cummings. Not Voting: Marshall. (Councilman Wic1cett ),eft at this time, x,:05 P.M., and was absent for the rest of the meeting.) The Council'. tooka recess at this time and reconvened P.M. Use Permit, H. M. Beaudoin A report was received from Committee No. 1 adviaing that it has considered the application of H. M. Beaudoin for a use permit to construct additional "utility and lavatory facilities at the Beaudoin Dance. Studio: which is; conducted .s a non-conformir. use at 464. Colorado Avenue, and has also considered the recommendation of the Planning Commission that the application be granted provided the 14 --toot dimension as shown on the plan is reduced to 12 feet, and provided further that no second story storage use is allowed. Committee No., 1: reported that it concurred in the recommendation of the Planning Commission for the granting of the application, with the additional provision that it be clearly understood that this is simply a use permit for the additional utility and lavatory facilities,and that this action. in no way condones or approves the use of the property as a dance studio. 1 A motion was made by Simpson_; seconded by Huston, ecommendation of Committee No. 1 be adopted Councilmen Cummings and Ruppenthal opposed the motion because it involved an addition to the prevent building, to which number of neighboring residents objected. It was pointed;, out: by Councilman Huston that the dance floor area will not be, increased; that the studio will continue in operation whether, ` the, additional facilities are allowed or not, but that the additional sanitary facilities are needed. Councilman RuppertYal moved an amendment to the motion, to permit the construction of sanitary facilities within the existing structure,, with noaddition to the structure itself. The amendment' was seconded by Cumznin ; . The vote on roll call, was as follows: Ayes:;Byxbee, Cummings, Henley, Rodgers, Ruppenthal. Noes: Bishop, Cashel, Drysdale, Huston, Marshall, Ports, Simpson The amendment was declared lost.. The original motion to grant the use permit in accordance :with the recommendation of the Planning Commission and Committee. No 1 was then adopted by the following vote on roll call: : Bishop, Cashel, Drysdale, Huston, Marshall, Porter, Simpson. Noes: By cbee, Cummings, Han].ey,Rodgers, Ruppentha.l. Project 53--6, Street Lighting Reconstrixction, District Two A _report was received from Committee No. 1 recommending that proceedings be started for Project 53-6, Street Lighting Reconstruction, District Two. On motion of Porter and Rod.gers,. the recommendation was adopted. Drainage Easement, Wrenn Subdivision A report was received from Committee No. 1 advising that it has reconsidered the question of a storm drainage easement in connection with the subdivision of the property of Mr. Chester C. Wrenn located on the northeasterly side of :los:; Road southeasterly of Loma Verde Avenue.. The committee report; that no actioncon be taken by the City,: either to condemn property for thiseasement, since it is a private use and not a public use, or to expend any public money for the acquisition of an casement by negotiation for Mr. Wrenn. It is :suggested that Mr. Wrenn attempt to obtain an easement across other property to greet the requirements of the Planning Commission. On motion. of Porter and Drysdale, the report of the committee was adopted . Variance, R M. Adams A recommendation was submitted by the Planning Commission that the application of R. M. Adams for a variance from the require- :gents of the Zoning Ordinance involving a portion of Lot 30., $loc'r. 6, Seale- Subdlv.is.ion. No,. ` y ;be granted. This property, is located at Louis Road- and Colonial lane (future street) between Moreno'and,AMarilloAvenUes.r, Was explained that the variance ,would permit a 12 -foot side yard` -on the lot labeled "Exception". as shown on. the tentative subdivision map where a 16 -foot side yard would otherwise be required. . On motion of Rodgers and Sir.:pson, this variance was granted in accordance with the recommendation of the Planning Commission. Application for Zone Change, Bell Tract A report` was rece:Lved from the Planning Commiszion recommending denial of the application of the Western ;totes Development Corp.o ration• for change. of district on Lots 1 to 5 inclusive, Tract No. 1055; Bell Tract, from R--3-0, Residential Garden Apartment District; to R -3-P, Residential Professional District, for the reason that it would be inappropriate zoning unless the lots.across-Sutter Avenue were also rezoned to R -3-P, and the applicant' is already constructing a garden apartment on one of those lots. On :notion of Cummings and Drysdale, the recommendation of the Planning Commission was accepted and the application denied. Proposed Zone Changes A report was received from the Planning Commission recommending on its own -initiative the rezoning of the following areas: (1) Change of zone from L -M to R -1:B-7 of the property lying generally northeast of Louis Road, southwest of the Sterling Canal and between Loma Verde Avenue and Dry Creek. Anordinance• ohangirg the Zone Map to provide for this rezoning was accepted for, first reading and referred to Committee No. 1. (2) Rezoning ,of those properties facing Louis load and extending so*nth . and east beyond the present end of 'Louis Road to Adobe Creek and Charleston Road. now zoned R-3-G,to the following districts:. (a) That property located within Sterling Gardens No. 2 to P-1. (b) That property w-ich lies north of Dry Creek to R-1:3-7, (c) That property which lies out of Dry Creek to Adobe Creek and Charleston Road to R -1:B-8. A proposed- ordinance ..changing the Zone Map to provide,_ for these zone changes'waz accepted for first reading and referred to Conurittee (3) Those -'properties recently annexed to the City; extend tng 700 feet ';easterly from the former c ty 11mits between, Charleston Road and the Bayshore R'ighway, 'to; be zoned M-1 for a distance of 200 feet from' :C.hares ton Road, and the remainder to be zoned M--1: S and M-2:3., for they � Proposed zoningwa accepted d ordinance ahanl;n (49 Removal °�, the "A" District first �.��� � ore Map to wing properties: nxstri�, prav�da Those properties ��e . �t designation from, following as �� the AI' 2 subdivisions: a � � °glIation s been Sterling Gardens Na first ordinance 2273. Tracts . 7 p/US :the 137which- the °r A» reading.', eads` nanGe providing o . �7x� 2274,•h� rise Permit tor this zone ���?, reC��ezad A, r���r� '' �' �.�c.h,��,r � Sons change was accepted Atad °r a' u.s � apnrc�v received from year, Pa' k ° she appii ho Ode harm, with the .nder r sconstruct a dwax�.^ ation °r J. Planning p salon' tho t Understanding puxpas l an z at ,icn;2s rai d Qn nsati res�dn a°�� v be the per°Ck °ns.. Ga,�sq,411:, ae.0 ,rdan '. px ee occupancy. used °n d� asp can Lot w11;11 the and o;-� arse the a a e� sp Ada °�: afshe Planning was. vub Charming and 'located' °r the ,Co of submitted pact to the ease � portion ad a a Tact, recommendation' eca Avenues, r,�y side of Lot ,x'' �C therease easement d nu s' commonly sae of Boyce 3 Boyce_ m r�,,, the ax hat th dwelling.'-'be wp provided he t ray eer theAvenue Ce_ and �s n feFu.tat -.n `" between,. Y �° w;iQ�h � a'��S be centered or: ��'`�ear 840-842 a.� .�as, � nd thy, ntered a� the .° `' a ,:Z��faA�a°ue,`. rc s an ono reax' fat �,�' anear1�r's d 'Provided ?J� °trcd : z, a 4 rdc1 c'S+?r less h`an Q(�(} �ad� ev ent t Ire rya � itth he and k °n, this u� PrQv omme h� / on that the .� x,ao�r cmani� prate ndaf�an- ad�v�~smeary sx+?t€?yj , aii2xG•i t WAS , `duo ahra'� e ;. aecen�.r~CG�v�a �'`'_`"_-d e he ,co Poe fay d ,r° axoepd � r cn ° jt7 Xmo em5t read mm ':re a'�'°s 1 ..„ e prow°dur u�"a;C)os�, ` e C0fl (.-1(1'-- . °�, the papa prapo as assessments Iram,d% At° °=�"inat�e 1 reading. t° ar zrn �rac's procedure i Sea to t t z • °� ,S1 a esti.an ca t Code � (0 ° RrVw the adoption' � of was accepted- �e��� � foce �.�����X�i � o ep°r ti� ,-' Checks st l Co c ° h° option of a-, r ty °f � e°�u Ge received ,. az wan , d� a },. on motion of sa n . ,�:itt No G1J G � the P' rtrn d a.`�'.1U°, �* signed w American reca a ofeh d Cwn inSothes instruments, 7 authorizing uthor izin ' the ith a shed sari or, adopted by unanimous presented, d n and. pn p+,, . of Mayfield Outfall : Sewer Easement ReSolu.tior No. 2k77, vacating the Mayfield Outfall `Sewer Easer:ert, in Lot .1i8,: C. M. Wooster Company's Subdivision of, the:;C'lar`e Ranch,was:',read; and on motion of Rodgers and Porter, was, adopted' ny Unan1rnous vote on roll call. Utility Easements grant deed was presented from Mellon & Golobic Develop- ment//��cporporyr�ation conveying .ea.Nements forr utility and drainage, ts/�J.rposes in, S4 Claire "Gard'ens•, Unit No. 2. It was explained that these ea.serneritz were rer;u1red as a condition of approval of the subdivision Map. On motion of Puppenthal and Rodgers, a resolution accepting these .easements;was adopted by unanimous vote on roll' call On, motion of uppentha1 and Simpson, resolutions were adopted by unanimous vote- on roll call accepting utility easements from: Richard -it. and Pauline S. Lopez covering portion of -Lot 11, Tract ` 219,',Peninsula Garden Farms, and from Russell 14 . and Clarabe? l ,MIIes covering —portion of Lot 33, Tract 219, Peninsula G'rarden. Farms , It was explained that these easements are for water rain purposes on San Antonio Road. Change of Street Named' Ordinance Nro. 1188, changing the name, of D i. ss Road between Alma Street and Ross Road to Meador; Drive, and the name of Oliver Street to. Duncan Place, was; g5.ven second re ad1 n ; . A; the suggestion Of,:Councilman Porter, the ordinance was modified by ,changing -thC. name of Diss Road to "East Meadow Drive" r nstea.d' of "Meadow' Drive", as this portion of ti Road which is Inside the city limits is - easterly of the railroad. 1t was thought `,that if the part of Diss Road between Alma Street and El Camino real. which is now outside the city 1i.~;iits, changed, it would be logical to name it "West Meadow Drive". On' motion of Cummings and Rodgers, the ordinance as modified Wasadopted by, unanimous vote on roll call. At' the suggest.i-on of Councilman Bishop, the Planning Commis ion was.'acked--to make,.a study and report regarding "East" and "West" designations for streets which are partly inside and partly outside the c ty, limits, such as Charleston Road and San Antonio Road in addition to Diss Road. It was suggested that the que,tion of renaming such streets be taken up with the Board of Supervisors: ControllersReport The:monthly report. of the Controller for August, 1953, was received and placed on filo. List of Names' 'for New —Streets A motionwas made„ by Councilman Ruppenthal that the ?historical Association •o'f Palo Alto be invited to draw up a list of suggested ran:ez, for new street: i- Palo Alto, the names to be suitable from a -his tarica.1 or , cultural point of view; that the H stori cal: Association' be `.requested to solicit suggestions from interested individuals and orgari.'zations, and that the list when compiled be filed -:With the:City Clerk; that the City Clerk submit S -S Y " .• 451 such list to the local Post Office Department, the Fire Depart- ment and the City Engineer for the deletion of any names that may be confusing; that the list then be filed with the City Clerk and' the Planning Commission, and that builders and subdividers be. advised of its existence and requested to use the list in the selection of the names of new streets in Palo Alto. This motion was seconded by Drysdale and carried. On motion of Huston and Drysdale, the Council . adjourned, at 10:20 P.M. • ATTEST: ✓ `) City Clerk Y