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HomeMy WebLinkAbout02231954-r,....-r..ora.,:�rnacv:.:y :.ti•:;�;:,:W'W:."•v1 -t: City Hall, ,Palo Alto, California, February 23,: 1954.. The:Council,.of the City of Palo Alto met in regular session on this date at 7:30 P.M., with Mayor Marshall presiding. Roll call as follows: resent':. Bishop,: Byxbee<,Cashel, Corcoran, Cummings, Drysdale, Hanley, Huston, Marshall, Mitchell,Porter, Rodgers, Simpson: Absent: '`:Ruppenthal, Wickett. The minutes of the meeting of February 8, 1954,. were Parking Lots 1n Block `21 and Biock 22-W, Project 5214 'A:report was received from. the City Manager on;'the bids -received on February 1', 1954, for the construction:: of parking, :lots"in Block" 21 on. Haniiltan` Avenue and, in Block 22-W., on the. westerly side of Gilman Street, in connection' with Project 52=14, with the : recommendation, that - the low bid of Bahr & Ledoyen in , the amount of $8,62l.62: be accepted. Resolution No. 2511 algarding the contract fox' the work to Bahr' & ]Ledoyen,"'.in accordance with, their bid was introduced, and on motion:of.;Drysdale and Huston, was passed by unanimous vote on roll call Old City Hall Parking Lot A report was made by the City Manager on the bids received on February 19,•, 1954, for the construction of the old City Hall - parking ,lot, :project 53-'7, with the recommendation that the low bid of Douglass'&'Woodhouse in the amount of $6,710.03 be accepted. On motion of Drysdale and Porter, the recommendation was adopted and. the contract for thts-work awarded to Douglass & Woodhouse in accordance with their bid. Bids on Deep Well The City Manager reported that one bid was received on February 17, 1954, for -the drilling, testing and developing of a - deep well,. with the recommendation that this bid of the Western Well Drilling Company be accepted.. He reported that, the estimated cost of the800-foot well under the conditions presented will be $15,142.27, and that:any deviations from this depth or any abandonments of test bores would change the figures of the items as -outlined in,:the bid. :0nmotion of Mitchell and Porter, the bid of -the Westerxi' Well Dr1liing. Company was accepted and the City Manager :Ras -authorized to proceed with the project, by unanimous vote on roll call., ::Project -52-14, Parking Lots in Blocks 29, 20 and 22-E At the Council `meeting of'': January 25, 195+, the Council continued to this date, -February 23, 1954, all action on the following joint. a recommendations from Committees No, 1. and No. 2 ., x tie . F,.'� d ;J�;•. 3 J��tv S r rt "J r: •' 4 ' •- (�,_.�`y���/'p di 9p�e4c+da'✓'' .� r sxP.Y�Ug? l�/:+!!P`i�TI{ .�� A ' lnH`. Sir..-..+iY�O ,/lti y4;KM1 \: .lN���. h§a J�✓.A 'D riii, (1);That all:steps•necessary be taken to acquire the parking_;iot An :Block:'29,. in accordance with the, modified plan,-Plan.29A, including eminent domain. (2) That :all steps .necessary be taken to acquire the parking. lot on Florence Street (Block 20), including eminent. domain (3). That`all steps necessary be taken to acquire the parking'lot,,on,the northeasterly side of Gilman Street: (Block 2Z -E) 9'. including eminent domain. The..Mayorread a statement,regarding the negotiations which he and several.councl.l,members had had.,with property owners 'involved in the three blocks, in question,. ,and asked for a vote of„confidence on the part off . the.; Council, permitting him to continue 'to c.ontaot theproh until they ; have been able to secure: their. own apprasa;ls for the property which the City proposes to.acouire in these" blocks.,.:.0n.motion of Cummings and Drysdale, the Mayor was given a ,vote of:' confidence and auth!:rized to continue with the negotiations. Councilman Simpson moved:the adoption of the recommenda- tions set forth, in:Paragraphs (I) (2) and (3) above, with the addition to each paragraph of the- following clause "which. will be filed. -on Aprill5, 1954, if .voluntary negotiations have not resultedin a,price.mutuaily satisfactory to the. City Council and the sellers': Councilrnan:Simpson-stated that he offered this amendment to the recommendations in recognition of the work the Mayor and other :councilmen have been doing, realizing that negotiations are - still taking place and feeling that by April 15th it is quite probable that. -negotiations will have been completed satisfactorily. The motion was seconded by Huston. The recommendations as modified would read as follows: (1) That. ;all steps necessary be taken to acquire the parking lot'.in Block: 29, in accordance with the modified plan, Plan=.29A, including eminent domain, . which will. be; filed on April 15, 1954, if voluntary:, negotiations =havenot °resulted in a price mutually, satisfactory to the'City Council and the sellers.. (?) That -all steps necessary be taken to acquirethe parking lot on Florence Street (Block 20), including: eminent domain, which will be filed on April 15, 1954, if voluntary;"negotiations have not resulted in , a:. price^mutuallyy satisfactory to the City Council and; -the ;sellers.' (3) Tbat all steps necessary be taken to acquire the parking lot" on'the :>; northeasterly side. of Gilman Street (Block ;222 E), including eminent domain, which will be filed on April 15, 1954, if voluntary negotiations have not ;;resulted in a price mutually satisfactory to'_the City Council and the sellers. Councilman Cummings, read a statement reviewing the Off-street parking project and the negotiations which have recently been carried on with property owners concerned, and moved an amendment,,, to the motion'. bystriking out the words "including eminent do_ main, which �rill be filed on April 15, 1954, if voluntary negotiations have not resulted in a price mutually satisfactory ; to , tke .City .Council and the sellers" from each of the -three recommendations. This amendment was seconded by Byxbee. e vote .. on A the amendment was as follows: Ayes: Byxbee, Cashel, Cunnings, Hanley, Rodgers. Noes: Bishop, Corcoran, :,Drysdale, Huston, Marshal, Mitchell, Porter, Simpson. .e amendment was :v.t.t.t\ .4447'•iL':ifr'SX'X:"21:L'^`....'W:+:=C�...r . ...+ The, motion made;by Councilman Simpson to :adopt the recom- mendations of,:Committees No; 1 and No. 2 as modified was then carried_'by the"following-vote on roll call: Ayes .Bishop,:, Corcoran, Drysdale, Huston, Marshall:, .:Mitchell,' :Porter, Simpson . Noes':Byxbee, Cashel, Cummings, Hanley, Rodgers: A report was received from Committee No. 2:; recommending that all steps be -taken to acquire the parking lot in Block 38,: in- cluding eminent domain'..': A motion was made by Simpson,; seconded by Drysdale,, that. the , recommendation be adopted with the addition of the words;, -.."which" will' be f led< on ,April 15, 1954, if . voluntary negotiations havenot:.resu.ted-in a price mutually satisfactory to the City.Council. and the . sellers." Councilman Cummings moved that an amendment be made to the motion toy etrike:. out the words including eminent domain" and the balance of the sentence The amendment was seconded by Byxbee. During' the discussion which followed, Mrs: Corcoran 'called attention to the-many:meetings which have: been'; held by the Council and. Committees on the off-street parking project, stating that she feels a very thorough study has been made of the'whole "question and:that,if prices are out of line with theea.ppraisals the court:": should; decide -what prices should be paid if necessary: . Councilman Drysdale agreed that the City must pay a"fair,price on al the:property and that it is proper to use eminent domain' where re-' qulred and let the court set the price. The roll call vote on the amendment to the motion was a and the amendment was lost: Ayes:. Byxbee, Cashel, Cummings, Hanley,, Rodgers. Noes 'Bishop Corcoran, Drysdale, Huston, Marshall, Mitehel:l,: Porter, Simpson. The motion to adopt the recommendation as modified, to acqu1 a .the parking lot in Block 38, was then carried by the follow -1 ing vote"on;roll call: Ayes': Bishop:, Corcoran, Drysdale, Huston, Marshall; Mitchell, Porter, Simpson. Noes: Byxbee, Cashel, Cummings, Hanley, Rodgers. E. Carey,' Chairman of the Parking and Traffic . Committee of:the-PSI(), Alto, Chamber of Commerce, thanked the Council for; the time and effort they, given to the off-street parking, Program. (A recess" was taken at this time, and the Council reconvened at &40 P.M.) ikon ' Bond Issue .A,report was- received from Committee No. 5. and the Coun.cia Yospital Committee recommendin that an.,election be held to submit to the voters a bond issue of $4,000,000.00 for the enlargement of the Palo Alto Hospital and renovation of the existing plant, this. -- `;election to be'consolidated with the primary election.on June 8, 1954 The, :committee further recommended that the :'Mayor. -be. authorized to appoint a:citizens' advisory committee to arrange for presentation of factual information to the public on the needs !of the hospital. 0n motion of Mitchell and Mrs. Corcoran, the tions were adopted by .unanimous vote on roll call. e Visiting- Nurse: ProAraa A report, v as ':received. from Committee No. 5 recommending that the present rates_ for visiting nurse service be modified, to provide, that the rate for tae:: first ten visits' `shall be $2.00.per. hour or fraction thereof: It vas' poin ed out that the present rates of $ ° 50 for,, a one -hour: visit and $1.75 for an additional hour or fractt:on:, thereof. would apply for any service rendered after the first ten visits, Councilman Mitebell, Chairman of- Committee No. 5, explained that wen the . visittngnurse 'program,<was started it was not realized that the"Nurses: Registry was supplying; service of this type, and, it was found that -the: visiting: nurse service was not being used and -therefore was not meeting the needs for which it was established;" that after; further` study. it was agreed to modify the rates as recommended, with the understanding that calls for practicalnursing and 'for registered nurses when`the visiting nurse is off duty will be'handled ;as, :in the past, by the Nurses' Registry. A motion was_made:by Mitchell, seconded by Byxbee, that the recommendation of -Committee No:. 5 be adopted and the modified ratesbe authorized Councilman Cummings asked if the program will be self- supporting The City Manager advised that at the $2.00 rate it is obvious that the service self-supporting. , will not` be . self-su ortin . The Controller made a report on the.; costs of the program to date. Councilman 'Mitchell pointed out that the whole program will be reviewed at the end of June' and it will be determined by the Council at that time whether or not the service will be continued. The motion to adopt, the recommendation of Committee No. 5 was then carried on roll call, with 12 Ayes, Marshall voting No. "VI Zoned District 52-14 A letterwas received from ing that. when additional parking lots between Waverley and Webster Streets, Zone be removed without further delay Assessment District' 52-14. On motion of Mitchell and. C Committee No. 2 for a report Refuse Disposal A letter was received from the Chamber of Commerce approv- ing the discontinuance of open burning at the city dump as a necessary anti -air -pollution measure, and the substitution of a fill and cover method of garbage and refuse disposal. The City Manager advised that the f11. and cover method. is used for garbage disposal but that burning is permitted at the refuse dump. the Chamber of Commerce request - are acquired in District 5214 the requirements of the "S" from the property in ashel, this was referred to The;, matter was =referred to the City Manager for a report, including estimates ofcost involved. Councilman Cashel asked that burning of refuse in back ards be investigated:;in:this connection. It was pointed out that' there is a city ordinance which controls burning on private premises: • c73 Petition torRemoval A petition was received from eleven property owners in t=he 2200 and 230 bl .- 0 ocks of Webster Street -requesting that the City 1.:;the...eampho removea1 r trees in these b.lockz at City expense; that 'the City bear:the:erpenee of.repairs°to:water and gas mains which have beendamaged by the tree roots; —that after removal of the ,trees the City have the necessary repairs made to sidewalks which the property owners are willing to pay for; and that if another type of tree is to:be planted:'.later in these blocks, the.type selected receive the,approval�--of the majority of the property owners concerned. -- The City Manager called attention to letters previously Hreceived from some of the people concerned, and stated that the Engineer's office._had requested that they submit a petition so that it could be determined whether a majority of the property owners in the blocks in -question want the trees removed. The City Marager--also pointed out. that it has been the policy:of the City that removal of trees and reconstruction of sidewalks are • done at the expense of the'property owners. Mr.;.Siemon W. Muller, 2255•Webster Street, addressed the Council asking that it act favorably on their petition as soon as possible. He.referred to a petition presented several years ago for the removal of the trees,- and advised that the property -.owners were willing:at that time to bear the expense as the trees were small,-but�.since that petition was not granted they feel that the City:should:do_the work at. city expense at this time.. Mr.. Muller _suggested that the City prepare a pamphlet: on regulations regarding trees and sidewalks as he fe,lt:that most people are not aware of the regulations and policies: in this connection. The petition was referred to the City Engineerto verify the names: and determine whether a majority of the property owners involved; are in favor: of removing the camphor trees in the blocks in question. The petition was also referred to Committee_No-. 1 inasmuch as the` request. involves a change in policy. The Chairman o'f: Committee No.. 1 asked that ,estinmates of cost for the removal: of the trees and" repairs. to sidewalks be furnished to Committee _No . 1 when it considers:this item. Committee No. l` *as also requested to consider. the. :possibility: of having; tkeCity; issue a pamphlet with information on the care• ;and'; custody ;_r ---,k trees. froim Mr` Epsteen -The Mayorreported that he had received a letter from Elliot Mi Epsteen -requesting that the Zoning Ordinance be -amended. to extend the, zone of -interest, -in connection with applications for use . p'ermits ;ixi the R -1,:B-10: district from 250 to 500 feet This Ywas referred -to -the Planning 'Commission. Variance-, Trinity Lutheran Church :At thelast meeting the Council tabled until.this date a variance: application of, t ie° Trinity Lutheran Church involving the. erection ;of a sign,. _;with: the Shope that in the meantime the' Church ;would reconsider:the<size of. the sign.` ,, The Planning: Commission previously recommended denial of the applicationfor a variance from the requirements of the Building Setback Map;` for Lots :1, 2, 3 .4 13, i4, 15 and 16, Block: 97, University,; Park, corner. 'of Melville Avenue and, Middlefield Road, for the reason:: that-; sufficient" hardship has not been indicated 1 Mr. Donald:J.-Kennedy, attorney representing the Trinity Lutheran 'Church, addressed the Council and submitted a revised plan :for two smaller 'Signs; one facing Melville Avenue and one facing Middlefield Road. Mr. Kennedy stated that they felt it,would be'a -hardship if the setback were not modified 'inthis case;- because ` of the location of the large oak tree on the property; On motion of 'Porter and =Huston, the variance was granted - in accordance'wlth:the design and revised plan submitted at this meeting. Variance First Presbyterian; Church A .re_port was received. from the Planning Commission recommending .approval ofthe application of•the First Presbyterian Church: for` -a variance from the. building height limits of the Zoning Ordinance for Lot$ 3.<and 4', Block ,76, 'University Park, on Cowper. Street `between =Lin.coln ;and; Kingsley: Avenues. :0n motion' of Rodgers and Mitchell, the recommendation was adoptedand the variance granted,<Drysdale not voting on the motion . Res.ubdjvision of Tract 1173, Denied 'A report was submitted :by the Planning Commission recommendingdenial of. the; resUbdivis.ion of Tract No. 1173, Fairfield Estates : Unit No'; ,.2, for the ,reason that 6000 square foot lots and . 50 -foot frontages -Are proposed', -whereas the requirements of the' Zoning ordinance : for this area are .8000 square foot lots and 6O -foot frontages, On motion:of Rodgers and Mitchell, the report was accepted and the res.ubdivision denied. Lot Redivisions A7report was received from the Planning Commission recommending approval of the following proposed redivision of lots: a . Portion ` of Lot 22, Wooster ' Subdivision, subject to the granting of aneasement for: access and a public utilities easement -asshown on the map, and subject to the -payment or 'segregation of assessments., b. Portionof Lot 48, Wooster'Subdivision, southeasterly.. side of :Loma °Verde Avenue between Cower and Middie field, provided the access to Loma Verde, insofar as' the`;:more westerly lot is,concerned, is made an easement rather than a part; of the rear lot and that this ease- ment be 7 feet in width rather than 5 feet; giving -a: total of 12 feet for the,access way; that the division be as, .on 'shown' the map, with the access remaining as --a ' part;_of the front lot, with easement rights for the rear lot., and subject:. to the granting of public utilities'_:easements as shown on the map. On motion of Bishop and Drysdale, these lot redivisions Were approved in accordance with the recommendations of the Planning Commission_ Tentative Map The Council ,gave further consideration to a report from the .Planning Commission, deferred at the last meeting, recommending approval`of the tentative -map of Lot 105 and portions of Lots 103 Officer., Wooster'S.ubdivlsion,subject to the following conditions: That the subdivider obtain dedication; to the City: -of. Palo Altoa of the portions of the proposed street lying outs,ide.theboundaries of the ;subdivisiom, and that the improvement thereof be completed: by the sub- divider to the satisfaction of the City:Engineer. b. That.the:15 f'oot storm drainage easement along Dry, :Creek be dedicated with the condition that it be kept Open ' and free of any .structures or fences, and that the -,subdivider be required to construct, a six- foot -high' Solid board fence along the northwesterly line .of -this ` easement. That: the ;subdivider provide the City of Palo Alto with;public7utiliti.es easements over and across properties 'outside the boundaries of the subdivision as ,indicated on the map. d Adjust property lines so that overhead easements do not'pass-over properties. The matter was reviewed and explained by the Planning Mr.::Channing Cathcart, engineer for the subdivider . infor:med the Council:,t.hat two: maps had been before the Planning Commission, Map,`A: providing 70 lots and Map B for 69 lots, and that the..Plan:ning Commission had denied Map A for the reason that it involved a.50 -foot street which does not meet the City's 'standards.. Mr.; Cathcart advised that he felt there is no necessity for..a 64 foot right4:of -way in -,this instance and asked that the Council take this point into consideration. • As Map:.A was not before the Council at this time, it was suggested that the matter be referred to Committee No. 1, but Mr. Cathcart asked that action be taken at this time to avoid further delay, on motion.: o± Drysdale and Porter, the recommendation of the Planning'Commission as set forth on the agenda, approving the tentative map subject to the conditions outlined above-, was adopted - Street Name' :Changes A report was received from the Planning Commission recommending for adoption•' certain general policies affecting the street names ofCalifornia Avenue, Churchill Avenue, San Antonio Avenue Charleston Road, East Meadow Drive, and Embarcadero Road, both inside and.outside'the city limits. This was referred to. Committee No, 1. Utility Easements On motion -of Mitchell and Rodgers, and by unanimous vote on roll call, the.Council adopted resolutions accepting grants of easements f:or utility purposes from the following: A. Robert*L. and Louis B. McKee, covering._portionof Lot 2,- Block 6, Seale Subdivision No. 7. b. Nobel -7. and Christine E. Sund, covering portion of Lot 9k, Wooster Subdivision. c. James'E."and Florence.E. Edt.ston, covering portions of Lot 9k,;Wooster Subdivision. d. DeLloyd:-E. Beebe and Emerice Beebe, portion of Lot. 23, Block ,3, -Seale Subdivision No. 5. Acceptance 'of 'Deed A resolution` accepting deed of dedication from Chester C Wrenn conveying propertyHalong Ross Road for street purposes was adopted .by unanimous -'vote' on roll call. Fire Zones. Ordinance No. 152�i establishing Fire Zones 1, 2 and 3mn the City ofPalo Alto, as indicated' on clap entitled "Fire Zone Map of the City 0f:Palo.,Alto, February 23, 1954", and repealing Ordinance No. 1329,,; was given:`.second reading, and on motion of Huston -and Hanley,.was adopted by unanimous vote on roll call. Closing -out Ordinance.No; 1525 amending,:Article 5 of Codified Ordinance No.. 5 ,regulating closing -out sales in the City of Palo Alto, as amended,was,given second reading. The City Attorney explained that the ordinance-had,been:amended to include a provision excepting. second-hand stores''and to provide for a filing fee of $50.00 -for permits-. On motion of Cummings and Huston, the ordinance was adopted by ' the following vote ' on : roll, call Ayes:Bishop, 'Byxbee, Cashel, Cummings, Drysdale, Huston;. Marshall, Mitchell, Porter, Rodgers, Simpson. Noes: Corcoran, Hanley Amendments to Administrative Code Ordinance No. ::1526 amending various sections of the Administrative Code;was presented%for second reading. A report was received fx:om' Committee No;: j.:`advising that it has given further, study to° the 'oropo'sed. amendthents and recommending their adoption with certain minor changes . The City: Attorney,, explained the minor changes which had been made to Section 403 regarding the Contingent Account and to Section.701'regarding the -passage of ordinances. 0n'motion of Mitchell and Cashel, the ordinance as amended was adopted -by unanimous vote On roll' call . Claim for Damages A report was received from the City Attorney on the claim filed -by the Hartford Fire Insurance Company in behalf of Constance: McCollum in the sum, of $91.36 for damages caused to her automobile when a tree fell on . it.'` ,The City Attorney advised that after investigation of the matt_er.it was his opinion there is no ilability:on the part of the City and he recommended that the claim be denied. It was moved by Mitchell, seconded and carried that the City attorney's report be:accepted and the claim denied. Referendum Petition San Antonio: Road 'Area Zonin repeal of ordinanceZNo.,.3512 A report_ wae: received from the City Clerk certifying,. that .::the. referendum petition. filed on February 8, 1,954, asking that .0rdinanoe No. 1512 rezoning the San Antonio' Roadarea.be submitted .to a vote; -of :the electors, has been examined and St`- has been ascertained. that the petition is signed by 78 ;qualified and registered ;electors:of the City of Palo Alto, equa.L in number to: more -than _10 per cent of the entire vote .cast at the .last preceding, general municipal election. The City 4ttorney "advised' that under: the provisions, of the city charter the Council must either repeal the ordinance`,, or submit; it tothevoters at -the next general municipal election in !441, ..,.1,95,5:. Ordinance No."'1527:'repealirg Ordinance No. 1512 rezoringYportions of San:Antonio Road was introduced and on-.. motion of Drysdale and'Hanley, wasadopted by unanimous' vote or, roil "reject 53-61 Street Lighti Reconstruction District Two A report was received from the City Manager.recommend`ing that the :time. for ,making' cash'payments on Project ,53-6, Street Lig-ntiyngReconstruction,;District.Two,' be extended from March 1, 195k to "April 1:3, - 1954 On motion of Drysdale and Simpson, this extension granted. time was Amendment to Agreement for Maintenance of State Highways.: The' City:Manager presented Amendment No. 2 to the agreement with`the State Division of Highways for maintenance of S;tate.Highways andreeommended its approval and execution, advising that the amendment was necessitated by recent annexation along State Highway:Route 2 Resolution No 2512 approving the amendment -to the :agreement and -.authorizing the Mayor and City Clerk to sign same :on behalf --.of the City was introduced, and adopted by unanimous. vote on roll" call 'Personnel`Reorganization, Building and Equipment Maintenance Division A report was received from the City Manager requesting :that the budget personnel complement of the Building and Equipment 'Maintenance Division -"be revised as follows: A. ThatHa classification of Shop Foreman (J-35) be created with a salary range of $363-$454. That the classification of Senior Mechanic (M-5) be reduced in salary from $363-$15k to $343--429. C."That a mechanic (M-7) position be abolished. .It v;as also requested that the sum of $290.00 be transferred from the unappropriated balance of the Garage Fund in order that this new position of Shop Foreman may be paid on a 50-50 basis from` the Garage and Machine Shop funds, The 'Council:'was informed that Committee No'. 5 has and approved these classification changes. B. { On motion of. Mitchel, aid Mrs . Corcoran, and by unanimous vote:,on roll call, the classification.revis.ions as n recommended and. the,, C�±.ty Manager were :approved ;effective. as of March 1,-19541„ the s.uni of $290.00 was -transferred from- the unappropx'lated`balance of the Garage Fund to Account902=01. Letter:^from Ore on Avenue `Aasociatlon The Mayor read a letter:from C. E. Hoppe, Secretary of the Oregon Avenue District. Association, concerning the court case relative t.o the truck traffic``ord±_nance and commending the City Attorney for his defense of the -ordinance before the Court.