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City Hall, Palo Alto, California,
November 23, 1953.
The. Council of ;the City, of Palo Alto met in regular
session -or this date at 7:30 P.M., with Mayor Marshall presiding.
Roll call as fo.11owsc
Present: Bishop,, Byxbee, Cashel, Corcoran, Cummings, Drysdale,
Hanley,'Huston, Marshall, Mitchell, Porter, Rodgers,
Ruppentha.l, Simpson, Wickett.
Absent: None.
The minutes of the meeting of November 9, 1953, were
approved.
°r'o„ec', 5 -6, S' . eet L_w hti g Regions , we c or, .;.c Two
A report was submitted`by the City Manager on the post_-
card>.poal of property owners. in,the:pr.oposed assessment district
for this:.project. The tabulation of the results of the poll
was as follOWs:
2739 cards sent out
1738 or 63.4% returned
869 in favor
857 opposed
l2, no opinion expressed
1001 not answering
On a front footage basis:
Total feet 193,329
Answering cards 126,315
In favor 63,289
Opposed 61,609
No opinion 1, 416
Not. answering 67,014
It Was pointed out that the property owned by the City
in the assessment district is excluded from the tabulation.
ResolutionNo. 2486 overruling protests and determining
to proceed without compliance with the Investigation Act was
presented, and on motion of Mitchell and Porter, was adopted on
roll call with 14 Ayes, Byxbee voting No.
Resolution No. 24,87 of preliminary determination and of
intention to modify the p:reaiminary proceedings under Project
53-6 was read. It was expianed that the modification covers
the addition of the block of South Court from N. California Avenue
to Oregon Avenue: to the project. On motion of Mitchell and
Cummings, this resolution was adopted by unanimous vote on roll
call, with 'ecember 14,: ?953, at 7:30 P.M. set as the time for
a hearing on this resolution.
On motion of Simpson and Cummings, Resolution No. 2488
of preliminary approval was adopted by unanimous vote on roll call.
On motion of Mitchell and Bishop, Resolution No. 2489 of
Intention to make the improvements under Project 53-6 was adopted
by unanimous vote on roll call, with December 14, 1953, at 7:30 P.M.
fixed as the time for hearing.
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On Motion of Bishop and Cummings, Resolution No. 2490
establishing prevailing wage scale was adopted by unanimous vote
on roll call.
Onrrnoti.on ofMitchell and Bishop, Resolution No,. 2491
calling for sealed proposals was adopted by unanimous vote on
roll call. This"res`olution provides for bids to be received
on or before 4:00 P.M. December 11, 1953, and considered by the
Council on December 14, 1953, at 7:30 P.M.
Pro;jeot 52-16, O 'f -Street Parkir , (;a11 orn .a Avenue District
on motion or. Mitchell and Rodgers, all matters in
connection with, Project 52-16 were continued to January 25, 195?,
and the matter was referred;to Committee No. 2 in the meantime
with request that the committee report back to the Council on.
January 25th.
Grade Separation for South Palo Alto
This was the time set for a hearing on the recommenda-
tion of Committee No;:2 that the proposed grade separation for
South Palo Alto be located: at Oregon -Grant Avenues. The Mayor
stated that he felt the hearing on this matter should be
postponed.and the question referred back to Committee No. 2 for
further consideration, in view of the fact that sufficient
information:is not available at the present time.
Mr. Ernest Norback, President of the Oregon Avenue
District Association concurred in the suggestion that the matter
be referred back to Committee No. 2 for further study, and
stated that his organization hoped that all interested parties
would have an opportunity lacer to express their views and that
the City Manager:would explore the whole problem and have answers
to their questions as; to the financing of the project, its effect
on streets: in the area, design etc.
It was moved by Ruppenthal, seconded and carried that
the matter be referred to Committee No. 2 and that the committee
hold a public hearing, inviting the Planning Commission and ail
interested, groups and individuals to appear.
It was suggested that before the hearing is held the
City Manager have some preliminary plans prepared and obtain
information and figures on different types of grade separations
and cost estimates ' The City Manager pointed out that it
should be>understood that there will be some delay before a
hearing can;De held as it will take some time to assemble the
data requested.
Stanford Annexations 2 and No.
Ordinance No. 1496 approving the annexation of the
territory designated as "Stanford University AnnexationNo.-2"
was given second reading. A motion was made by Mitchell,
seconded by Drysdale,'that the ordinance be adopted.
In answer toquest"ions by Councilman Rodgers at this`,
time, the City Manager advised that the owner of the property
would pay for the installation of the water system, sewers,
sidewalks< and street lights when the property is developed; that
the''City` would pay for the electrical installations; as..to the,
gas±sy.s'tem,, the owner would pay for its installation and later
receive a refund, in accordance with the City's policy; and that
street improvements` would be paid for by the owner except, in the
case'of extra width streets, the extra cost would be paid by the
City when such: streets are approved by the State.
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Ordinance Ne. 1496 was then adopted by vote on roll call,
with 14 Ayes, Cashel not voting on the motion.
Ordinance No. 1497 approving the annexation of the terri
tory designated as "Stanford University Annexation No. 3" was given
second reading,, and on motion of Drysdale and Simpson, was adopted
en ro1:l, call with 14 Ayes, Cashel not voting on the motion.
Ordinance No,.- 1498 providing for the zoning of "Stanford
Annexation No. 2" And adjacent area was given second reading, and
on motion of Mitchell.°and Porter, was adopted onfroll call, with
14 Ayes, Cashel not voting on the motion.
OrdinanceNo. 2499 providing for the zoning of "Stanford
Annexation No. 1" was given second reading, and on motion of Wickett
and Drysdale, was adopted on roll call with 14 Ayes, Cashel not
voting on. the motion -
Councilman• Cashel explained that he did not vote on the
above ordinances because'he was unable to get the information he -
wanted in connection with. the;matter.
Ordinance
wells and
Committee`
On motion
unanimous
0rd:i.nance:, No. 1500 amending Article 9 of the Zoning
by adding Section 9.03 requiring a use permit for water'
facilities:::Ln the R-4 Zone,, was given second reading.
No. 1 recommended that this ordinance be adopted.
Of Huston and Drysdale,' the ordinance was adopted by
vote on roll call.:
Ordinance No. 1501amending Article 15 of the Zoning
Ordinance in regard to the'LM Zone, Limited Manufacturing District
regulations, was given second reading. Committee No. . recommended
the adoption of ,this ,ordinance. On motion of Huston and Drysdale,
the ordinance was adopted by unanimous vote on roll call.
T� :Cpoi Licenses'.
The Mayer announced that he had received a number of
letters and cards protesting the issuance of a liquor license to
the owner of a store at Middlefield Road and Loma Verde Avenue
- - - and to the issuance of any such licenses in the future. The Mayor
also reported that,h. had,.received a petition with 1665 signatures
asking the Counc'i l to goon record as opposed to the granting of
any further licenses for the sale of alcoholic beverages within the
city:.limits; that when notices of applications for licenses are
received the City Attorney be' instructed to file a protest to such
licenses, and that inforration on license applications be given
to the' press so that the. publi.c may be informed; and that the
Councit use;a1i possible _legal''means to uphold the principles of
Ar ticle V ill of the city' charter.
'rn response to,questions by council members, the City
Attorney explained: the provisions ;of the Slate law governing liquor
licenses, and ,pointed out. that the City Charter provisions regarding -
this matter have been invallo.for:about twenty years, having been
superseded by the State: law 'giving control over licensing and sale
,of liquor to the State`Board of: Equalization.
After discussion, it was moved by Byxbee, seconded by
Ruppenthai, and carried' that the Council accept the statement in the
petition and'go on record' as opposed to the granting of any further'
liquor licenses in this city, and that notices of any future
applications be referred to the City Attorney when they are received
and that he file a protest against the issuance of any licenses.
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Bids on. Heatin7 Units, Community C ntci
A report was made by the City Manager on the bids
received on November 164953, on heating units for the.-
Community —Center, with the recommendation that the bid= of the
Mead Sheet Metal Works be accepted in the amount of $7,636.05.
On motion of Mitchell and Bishop, the recomvenda tion
was adopted and the bid of the Mead Sheet Metal Works accepted.
B:kis on Police Ca;'s
A report was also made by the City Manager on, the bids
received on November 20, 1953, on police cars, with the
recommendation that the bid of Lutz Ford Sales, under Schedule D,
be accepted as a contract or agreement between the City of
Palo Alto and`Lutz Ford Sales at a cost of $55.00 per unit per
month..
On motion of Byxbee and Drysdale, the bid of Lutz
Ford Sales was accepted in accordance with the recommendation of
the City Manager.
Transfer of Funds
The City Manager recommended that a transfer of $744.00
be made from the Special Projects Fund, Account 123-98B, to
Account 127-99efor.the purchase of Visible File Cabinetsfor
the Fire Department. On motion of Bishop and Drysdale,-, this
transfer, of• funds was authorized by unanimous vote ,on ro1I call.
(The Council took a recess at this time, 8:45 P,.M.,
and reconvened at 9:00 P.M.)
Pc:titiu"cZ for r�%;'r.;'vl`1 n� Vic.... A:;;.:(J';:_ !)
A report was received from the Planning Commission
advising that it has held a public hearing on the petition of
property owners on San Antonio Road for the rezoning of a`300 -foot
strip of land on'each side of San Antonio Road from R -1:B-8 and
P -C to M-1, Light Industrial District, extending from Alma .Street
to the southerly edge of the propertypn San Antonio Road north
'of Middlefield Road now zoned M -1;S. The Planning Commission
recommended that the present zoning be retained for the 300 -foot
strip of land on the northwesterly side of San Antonio Road, and
that,the lot size requirement on the southeasterly side be changed
from 8000 ,square feet to 7500 square feet per lot.
The Planning Commission further recommended that when
properties on the southeasterly side of San Antonio Road are
divided into smaller lots, that lots without street frontage be
approved if ingress. and egress over easements are provided. The
Commission suggested that at least one intersecting, street
should enter San Antonio Road on the southeasterly side between
Alma Street and Middlefield Road.
On motion of Cummings and Huston, this matter was
referred to Committee No. 1 with the request that interested
parties be notified of the meeting at which the question will
be discussed so they may attend If they wish.
Variance Mrs. Sayers)
A report was received from the Planning Commission
recommending approval of the application of Mrs. Marie T. Sayers
for a variance. of the sideyard requirements of the Zoning
Ordinance on her property at 161 Cowper Street.
0n motion of:Cashel and Rodgers, the variance was
granted in accordance with the recommendation.
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Use Permit. (Beebe
A report was received from the Planning Commission
recommending approval of the application of Mr. and Mrs. DeL7.oyd E.
Beebe for a us.e permit to construct an additional house on the
rear{of their property at 2351. Louis. Road, to provide additional
room for the care of Mentally retarded infants, the total number
not'to exceed 12.
On motion of Byxbee and Bishop, this use permit was
granted in accordance with the recommendation.
Use Permit Green
A report'was received from the Planning Commission
recommending approval of the application of Mrs. Elena Green for
a use permit to conduct a play -group of small children, ages
two to four years, at 1527 Byron Street, in conformance with the
policy of the Planning Commission that the number of children cared
for not exceed one child ;for each 500 square feet of lot area,
the total in this case being 22.
On motion of Byxbee and Bishop, the permit was granted
in accordance with the recommendation of the Planning Commission.
Des"isn Control
A report was submitted by the Planning Commission
recommending approval of, the application of Christiansen. & Son
for design control approval of four -family apartments to be erected
on Lots 4 and 5 and the abandoned canal Block 201, South Court
Addition (the 2400 block on,High Street). On motion of Bishop
and Cummings, the recommendation was adopted.
Lot Rediv is"ions
A report was receivedfrom the Planning Commission
recommending approval of the following redivision of lots, subject
to the recommendations of the City Engineer and the Planning Officer
in each case:
1. Part of Lot 15, Block 1, Seale Subdivision No. 6,
on the northwesterly side of Marion Avenue between
Waverley and Cowper Streets.
2. Lot..1.26, Wooster Subdivision, on the northeasterly
side of Louis-Roadbetween Matadero Creek and Sterling
Gardens No. 2, subject to payment or segregation of
assessments.
3. Part of Lot 23, Block 3 Seale Subdivision No. 5,
orithe northeasterly side of Louis Road between
California ,Avenueand Oregon Avenue, subject to
granting. of access.easement and public utility
easement and to. the payment or segregation of assess-
ments .
4. Portion of :Cons twise Construction Company property
at Charleston and San Antonio Roads.
On motion of Huston and Cummings, these lot redivisions
were. approved in accordance with the Planning Commission's
rec onnnendat i ons ,.
The planning Commission also recommended approval of the
redivi:sion ;of Lots 104 and 105, Wooster Subdivision, running from
Ross Road to Louis Road,. adjacent to the Palo VMrde School, insofar
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as Lot 105 is concerned. On motion of Mitchell and Huston, this
recommendation was referred to Committee No. 1.
Final Map) Tract No. 1138, Colonial Court
The Planning Commission recommended approval of the final
map of Tract No. 1138, Colonial Court, located on the easterly
side of Louis Road opposite Moreno Avenue, subject to the approval
of. the City Engineer and other signatures on the map as required.
Resolution No. 2492 approving the map of Tract.No. 1138
was read, and on motion of Huston and Porter, was adopted by
j unanimous vote on roll call.
Tentative Map,. Portion Lot 1, Greer Partition
A report was received from Committee No. 1 recommending
j approval of the tentative map of portion of Lot 1, Greer Partition,
at the easterly corner of Channing Avenue and Newell Road, with
50 -foot right of way for streets in this subdivision. On motion
of Bishop and Porter, the tentative map was approved as recommended
`hy: Committee No,.. J., sub j,ect to the granting of an easement.. for
e? ;ectr c" utlli ie: ,
Zone Change, L. C. Smith Property
A report was received from Committee No. 1 advising
that it hat given further consideration to the zoning of the
L. C. Smith property northeast of Louis Road, southwest of the
Sterling Cana]. and between Loma Verde Avenue and Dry Creek, and
concurs with the Planning Commission in recommending that this
area be rezoned front L -M to R -1:B-7.
Ordinance No. 1502 providing for this zone change was
given second reading, and on motion of Mitchell,and Cummings, was
;adopted by unanimous vote' on roll call.
Application for Zone Change, A. T. Cook
A report was received from the Planning Commission
recommending denial of the application of A. T. Cook far the re-
;zoning of a portion of Lot 55, Wooster Subdivision, having -a
frontage of 262 feet on Middlefield Road, from R-1 to R -3-P, on
the Middlefield Road frontage for a depth of 200 feet, and the
remainder of the property of approximately 312.5 feet in depth -
from R-1 to R-3.
It was moved by Huston, seconded. by Byxbee, that this
matter be referred to -Committee No. 1. At the request of
,R4penthal and Simpson a roll call was taken on the motion-, result-
ing as follows:
Ayes: Bishop, Byxbee, Cashel, Cummings, Drysdale, Hanley,
Huston, Marshall, Rodgers.
Noes: Corcoran, Mitchell, Porter, Ruppenthal, Simpson,
Wickett.
The motion was carried and the matter referred to
Committee No. 1.
Amendment to Zoning Ordinance re "S `' Zone
A report was' received from the Planning Commission
recommending approval- of a proposed ordinance amending the Zoning
Ordinance to exempt certain dist.icts from the Special Parking
.District Regulations.
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This proposed ordinance, which amends Article 21 of the
Zoning Ordinance, was accepted for first reading and referred to
Committee No. 2, by the following vote on roll call:
Ayes: Bishop, Corcoran, Cummings, Drysdale, Huston,
Marshall, Mitchell, Porter, Simpson, Wickett.
Noes: Byxbee, Cashel, Hanley, Rodgers, Ruppenthal.
Closing Porclon of Marshall Drive
Resolution of Intention No. 2493 for the closing of
portions of Marshall Drive in the City of Palo Alto was presented,
and on motion of Rodgers and Simpson, was adopted by unanimous
vote on roll call. The resolution provides for a hearing to be
held on the matter on December 14, 1953 at 7:30 P.M.
Acre ; cance ` of Deed
Onmotion of Byxbee and Cummings, and by unanimous vote
on roll call, the Council adopted a resolution accepting a deed
for street purposes from John E. Dake and Marguerite Dake, covering
part of Lot 10, J. J. Morris Real Estate Company's Subdivision
of the M. S. Loucks Tract.
Ut:.l 'stir Easements
On motion of-Byxbee and Hanley, and by unanimous vote
on roll call, resolutions were adopted accepting easements for
utilitypurpos..es fram'Margaret A. Lyon, Esther De Lemos Morton,
and Marie Storms covering portion of Lot 4, Block 5, Seale Sub
division No. 7, and from Beatrice D. Bryant, covering portion of,
Lot 10, Block 117,'Cres,cent Park.
On motion of. Hanley and Cummings, a resolution accepting
grant of easement. for utility purposes from the Valley Title
Company covering property in. Block 9, Stanford City, was adopted
by unanimous vote' on roll. call.
Zone Changes in Ca1 ornia Avenue
Ordinance No. 1503 providing for zone changes in the
California Avenue business district was given second reading, and
on motion: of Porter and Rodgers was adopted by unanimous vote
on roll call.
Orainane.:e r•e -ihr ow .ng
Ordinance No. 1504 -prohibiting the throwing of rubbish
on streets and,. requiring owners to. clean sidewalks was given
second reading. A motion was made by Porter, seconded by
Mitchell, that the ordinance be adopted.
The City Manager explained that the ordinance was
designed primarily: -.forth: business district and had been
requested by merchants,and the Area Beautification Committee.
In answer to questions by council me;nbers,. the City Attorney.
advised that the provisions.of the ordinance could not be
restricted to the -:business district only and would apply. to the:
whole city. It was his ;.opinion that the sweeping of leaves into
the streets in the residential district would be a violation of
the ordinance. Objections were expressed by some council members
against having the ordinance apply to leaves.
Commenting on a statement from Stephen Koss, 443 Kipling
Street, regarding; alleys; the City Attorney advised that the
ordinance applies to publi'c`alleys as well as streets.
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After discussion, the vote on the ordinance by roll
call was as follows
Ayes:
Noes:
Bishop, Byxbee, Cashel, Corcoran, Curm:ings,;Hanley,
Huston, Marshall, Mitchell, Porter, Simpson, W1ckett.
Drysdale, Rodgers, Ruppenthal.
The ,ordinance was declared passed.
On motion of Ruppenthal and Byxbee, the City Attorney
was instructed to draft an. amendment to the ordinance to except
leaves.
Am&nurhent to BL :.id:.ng Coci,„ (Awn:.ogs)
Ordinance No. 1505 amending Section x+505 of the Building
Code regulating.'fixed metal awnings was given second reading and c
motion of Byxbee:and-Bishop was adopted on roll call, with 14 Ayes,
Cummings Voting'`No.
AmenCli: ett o AilI71ln: s C'a'l lv Coat (Spc2e'. :
Ordinance No. 1506 amending the Administrative Code to
provide for notic'e.of special Council meetings was given.second
reading_, andon motion of Mitchell and Huston, was adopted on
roll call, ,wt,th 1' : Aye,, Ruppenthal voting No.
Leaveto iii 1yOr. to httend AMA Co.i2 cr.c,_:
The Mayorrequested permission to leave the State from
November 29 to December. 'k,, ' 1953, for the purpose of attending
the annual conference, of the American Municipal Association to be
held in New Orleans. On motion of Porter and Michell, the
request was granted.
Adjourned, at 10:00 P.M.
ATTEST: /4',/.t< n
APPROVED:
ty Clerk
7.tb
- Mayor