HomeMy WebLinkAbout091319541_; 'aia Alto, California,'
-September 13, 1954.
•The of Palo Alto met in regular •
session, -on this . dateat7;30 P -'M w1th Mayor Simpson presiding:
Ro?'1 call as foll'pws
Bishop,-,;Byxbee, Cummings, .Drysdale, Hanley, Hu
ton, Marshall,. Rodgers, -Ruppenthal, Simpson,
WiCkett:.
Absent Casiel , 'Corcoran,. Mit'ckell, Porter.
The minutes of the; meetLng of August 23, 1954, were
approved.
Abatemert'of_Nuisance (B1ack.Property, 1103 Forest Avenue)
This eras the time and; place: set for Mrs. Florence N.
Black to show cause Why. the building at 1103 Forest Avenue should
not be condemned;as a public nuisance and said nuisance abated
by reconstructing Or' properly repairing said building or by razing
or removing it. The -proper notices were posted on the property
and mailed to the owner as required by law.
The Mayor Called On representatives of the City to re-
port on the condition of .the building. John V. Schwafel,
Building Inspector, read a written report dated September 13,
1954, which he, had submitted to the City Manager relative to the
condition of the ,building which was damaged by fire in 1.941 and
again in June of -this year. This report was made a part of the
record of these :procee.dirgs.
The report of Charles H. Brown, Assistant Fire Chief,
addressed to the City Manager' and dated September 13, 1954,
concerning the fire damage' at 1103 Forest Avenue, was read and
made a part of the record:,
Mrs. Black waspresent and spoke to the Council, corn-
nenting on _the statements in the Building Inspector's report acid
answering questions by. the. City Attorney and council members.
She stated that she had-been..living in the building continuously,
she denied that the butldi,ng was not fit for habitation and stated
that the tarpaulin;, covering nut''on after the roof was damaged. by'
fire in 1941.has:been very satisfactory. She said that she has
made 'plans from time to' time. for. repairs and improvements to the
bu;tlding but for one reason-,or.another has not been able to carry
out the plan' .' When as Cer. ow. 'tile City Attorney if she has any
plans at pre.sert tor imoroving the property, Mrs. Black stated
that the proceeds of an insurance'. policy will eventually make it •
possible for her to .develop'' the ,property and she would like to
have, another extension of time •o•f• r ive years to make the improve-
,ments Mrs . Black 'dented that .:she, had refused the Building In-
soec,tor> perrS,ssior to enter and. inspect her property. She stated.
that she had. made ;some temporary: repairs to the building. The
Building Inspector>adiri:sed that She had never applied for a
building permit,: that 'a -r r work requires a permit and inspection
and that, no.building pe:rmlts' had ?ever been issued on this • pro-,
oerty. ie started -t;ha` no :otherbuilding in the city is in such
a :dilapidated condton and that 'it violates all ordinances of
the `
The -City -Attorney read. a cony or the letter. sent to• .,.
Mrs Black by the:Building inspector ,on July 14, 1954, in which_
he• listed" the reasons why the b'u,i-1ding is unsuitable for human
habitation and` informed Mrs.,Biack that i» order to continue to,:
use' the `building as a duelling it -'would be necessary to mace _:at
comply with all. ,the o.r_ dinarc:es and code r,egu1ations o± the City -
and the State Hour ing Act,: and .advised her treat the ;•:ork of re-
pairing the. . structure Must, be, started ;within thirty days or that:
the demolition: of the build::ng.:be started within that time. Mrs.'
Black stated that' she had received this letter.
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Sit.wa$ -brought out in the discussion that Mrs Black
'is not;:4ein:g served with utilities; that she uses tie -fireplace:
"or cooking and heating purposes and has no gas, electric or
water service,.:
-ln,answer to a question by Councilman Rodgers, Assistant
Fire Ch1ef Brown stated that in his opinion the premise: con-
stitute a menaoe to --contiguous property because of the potential
damage -that could be -done to adjacent property from a fire on:
Mrs. Black's pxemites
.. Councilman Huston told Mrs. Black that he sympathized
-with her situation ,because he respects the rights of individuals
to, l ive as ..they desire, but pointed out that the State }iozsing Act
and city l.awsmust be 'co.mplied with.
Councll..man Ruppenthal asked Mrs .Black if she: would
grant 'Mr.. Schwafel permission to make an inspection of herpre-
mises tomor-row- i'f, he made a request nov, to inspect the property.
Mxs. . Slack said , she_thought` that would be unfair, but teat -s'ne
would, be wily ing Go see Nr Schwafe1 at his convenience. -Mr:
Schwafel -said`;he wou1dbe there to inspect her property at x::00
A:.M. tomorrow,; "3evten:ber .1 ' ,, 195 .
*Mr =Schw:afel;,at this time gave . to Mrs. Black a copy of
his report ofSeot.embe:=l3th'and stated that he had mailed to hex'
at her. request -4a copy Resolution No. 2557 passed by the Council.
on August. .23, 1954-, whic:h provided for this hearing.
'Coanoi. l;man Rupoenthal suggested that Mrs . ?31ack be :g:iven
copies of ary"`ot:her, reports` or^ papers available, 'and` that the
Palo Alto Bar ---Association be contacted to see if they coul:d.'pro
vide -,an, attox-:iey. for`;Mrs Black if she wishes to -have' o.ae.
-On..m'otion ofRuppsnthal and Huston, the matter was —con-
tinued, to` :the next` regular meeting on September 27, 1954.
(A reces`s` was' taker,: at this time, 8:50 P.M., and
the Council reconvened at :x:00 P.M.)
Councilman Byxbee then suggested that a member of the
Council accompany the: 13u'ildj ng Inspector when he rrakes his_'iY
spec:tion ,of:. Mrs. B1a.,ck's: property tomorrow. Councilmer.:Marshalli
and , 1ckett 'offered to go:
Project 52-16, Off -Street Parking, California Ave. District
All,.matters in -connection with Project 52-16 :had been
continued ":from May.,;10, ,;195)4 to this date, subject to --t iel
terestedpar_t_ies r. :l 'South Palo Alto submitting a concrete pro:-
posal,< at .an earlier date The Mayor reported that he had been
informed, by :the Chairman o the ' California Avenue Off -Street' -
?arking :Committee t'nat they are not yet readyto submit their.
report to .the Council and that it would be wise to continue: the.
matter _:to November 8th
On -motionorf.CUMmings and Manley, all matters in 'con-
nection w th Project 52=16 ,lere continued to November 8, 1954..
El Camino Real Arynexation No. 1
Resolution Io.`. 2558 acknowledging receipt of copy of
notice ox intention. to`'circulate petition for annexation of terri-
tory north of Adobe:' Creek, designated as 'E1 Camino Real Annexa-
tion No. 1" and ara af 1dav1t. of publication thereof, and approving
circulation 'of the iaetition;' was introduced, and on motion of
Wlckett and Bishop, was adopted by unanimous vote or, roll call.
El Camino Real Annexation No.,2
A report was received from Committee No. 3 recommending
adoption af a `resolution refusing consent to circulate a petition:
for ,the Annexation of :the. area .designated as "El Camino Real
Annexation Na 2", south of Adobe' Creek.
A peti.t:ion.filed:.or thie date requesting consent to the
. . -
cornmencemen't -'of annexat4 on' proceedings of the area bounded on the
north -by Adobe-Creek;..or the. west ; by. E? Camino Real, on the east
by ,Alma Street,•, and - on the south by the northern boundary of Moon-
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tain "View as i't will be: after pending annexation proceedings under;
the Uninhabited Territory :Act have been completed, was presented,
The- -pe t`ition couta ned 228 slgnat_ures . The Council was informed
that there a're.approximate1,y 330 registered voters in the area.'
A motion was trade by . Huston:, .seconded by Byxbee, that ;
the: recommendation :.of Co.Ynmitte'e No 3:.be ` l oll.owed and that Reso
lution No 2559 ref using ,00nsent: to conmmence annexation proceedings
of "E,1 -Camino Real`' Annexation No: 2". be adopted. Councilman Hus-
ton -stated -that: he felt' it :is iri the best interests of Palo Alto.
to -have Adobe .Creek as_ the- dividing line and that it is to the
interest of, the ;territory, in questiot _to become a part of Mountain
View or Los Altos; that";later if` r,t appears the residents are
oppo^ed _tobeing. annexed to either, city, the matter could be con
sidexed., again., bitt `h.e felts that ;Mountain View and Los Altos should
first have an opportunity to annex the -area.
Mr: Colin ?eters,: att.orney for certain property owners
in this area, fi.l.ed at .this with approximately
160 signatures .protesting - the : annexation of the area to the `%i.ty
of "a10 :alto.
Mr. Richard J. Herzing, 317' Monroe Drive, addressed the
Council in support, o.f:.the ;peti;tion, requesting commencement of.
annexation proceedings, stating at ,the residents of the Monroe
park .area are desirous off' becoming ,a Hart of ?alo Alto and would'
like to start proceedings and hold `an election so the matter could'
be voted on.
After discus-si.on, ,.the motion to adopt Resolution No.
2559 refusing consent to t.ie'' commencement of annexation pro-
ceedings for annexat'tor ,o±' the;'area designated as "E1 Camino
Real Annexation No. 2" was carried by the following vote on roll
call:
Ayes: Bishop, Byxbee, Cummings, Drysdale, Hanley,
Huston, Rodgers, Simpson, Wickett.
Noes: Marshall, Ruppenthal.
Airport Runway
Resolution No. 256,0, commending San Mateo County for the
work they have done in completing the contruction of the new run-
way for the Palo: Alto Airport in such a short time, was introduced,
and-on:motion;ox Rupventhal and Byxbee, was adopted by unanimous
vOte on roll call.
Project 52-1k,,Off-Street Parking, University Ave. District
A-'report:'was received from the City Manager on the bids
rece ved on September..10, 1954, for the construction of parking
lots in B ec:l<s: 20, 22-E._and 29.,- in connection with Project 52-J)
with the recommendation tnatr .the: low bid of Douglass & !^ioodhouse
in..the amount of $19,'532.56 be, accepted .
Resolution No 2561,- .awarding, the contract for this work
to Douglass & moodhouse in accordance; with their bid, was intro-
duced, .and on , motion of ;,Byxbee arzc Ct:.mriings , ' was adopted by u»arii
mots .vote- on - roll cal l:
City Manager, requested that the sum of $15,720.00
be transferred from:" `he .,raporoor:iated balance of the: 'arking
Meter Fund .to, Account 906-993 for tne. `purchase of ,meters and,
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standards -for. the new "parking lots.
Orr: tlon of Byxbee and Cummings, the transfer of funds
Was authorized .b"y unanimoos vote on roll call.
Bids_ on Aerial Fire Truck
A report was subrn teed by the City Manager on bids re-
ceived on Aagust 19,-195; on an 85 -foot aerial fire truck, with
the information that two bids were received, one from the Ameri-
can LaFrance'Foam1te Corporation and the other from the Seagrave
Corporation; that American LaFrance-is the low bidder on Item 1
for the aerlal_truck in the amount of $31,4.10.88, and that the
Seagrave Corporationis the low bidder on Item 2 in the amount of..
$1,13815: for -special equipment:
The' CltyManager reported that the Fire Chief recom-
mended :the contract be awarded to the Seagrave Corporation for
the truck although it was a higher bid, in view of the fact that
Palo, Alto hasalways..had very good experience with Seagrave
equipment and he had information that three California cities have
had poor exper;1ence: with' American LaFrance equipment and did not
recommend - It. The City Manager stated that he had made inquiries
from various .cities regarding American LaFrance equipment and
found that.s:orne.cities.reported they had had poor experience with
it and.,othershad had_ good experience.
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Mr. . 'Gi:;l7,ain representative of the American La -
France Corporation,"was present. In answer to a question from
the City -Manager r•egar ding '' the five-year guarantee on their
erui.pment, ;Nfr : Giliainstated that the guarantee on their equip-
ment, covered everything for -a five-year period except tires and
batteries.; that at present they have three field servic:,•men in
California, two in San;,Francisco and one in Los Angeles. Mr.
Glllain stated that there` had been some trouble with the frame
at one tine but since then improvements had been made to correct
this faint
The :City Attorney advised that the City must accept the
bid of the lowest responsiblebl.dder.
A motion ways ,me.de;by Huston, seconded by Marshall,,
that` the_-bid:::oa the Americann LaFrance Corporation on. Item l be ac-
cepted .
Mr. ?oger?'O'Donrell, representative of Seagrave Corpor-
ation, addressed. the Cevncil He pointed out that his: firm bid:
on'a four -section ladder in accordance with the specifications and 1
that it'was the only bidder which met the speclfication5.
It .developed in the discussion which a ollowed thatt, the
American LaFrance bid" was for a three -section ladder; that . tie,
F,.re Chief ba:dpermitted".the:American LaFrance Corporation'to
bid on .a three -section; instead of a four -section ladder as specl-
fled in the ;.specificat ons.but had not informed other bidders'':
that they• might :"submit siich an alternate bid.
the, -City Attorney:: advised that he did not consider this
to be "a minor irregularity 'which could be waived, and _ suggested'
that all: bids'. be:rejecte.d and bids be re -advertised; that.in his
opinion .i wouzdThe out od' order to award the contract at this
titre: since it Appeared that ::all bidders did not have the same In-
formation regarding Via? ernate bids.
The,mot1or to -accent the bid of the American LaFrance
for Item No. 1 was by Huston and Marshall, the. makers -
of the motion.
.A:motion .was then -made by Rodgers, seconded by .Curn-
mings, that bids .be:rejected and the call for bids be re -adver-
tised, after revised specifications have been prepared. The vote
on this motion -was as follows;
�, •
s,
_.r
tl
-
1.2 `�.
Ares:.: bishop, Cummings, -'Rodgers, Simpson.
Noes:: Byxbee, Drysdale, 'Hanley, Huston, Marshall,
Ruppentha1°,'` 'ickett.
The motion was declared lost.
A. motion was then. made by` -Drysdale, seconder?. by Byxbee,
that the contract-: for Item No.: Z. be awarded to the low bidder,
the American: La?rance 'Cc rporation:.
A motion was; made by Huston that the matter be post.,
?toned to the Waitmeeting` but there was no second.
After considerable :daseuesion, a vote on roll call was
taken on the motion to award the contract to the low bidder, as'
follows:•
Ayes= Byxbee, Drys;d.ale, lanley, Marshall, Ruppenthal,
Wickett
ishop, Cummings ` Huston, Rodgers, Simpson.
motion .wasdeclared lost.
A motion by'. Huston.: and,,Cummin.gs to postpone action un.-
next meeting was :lost, ,. ioy a :voice vote.
It, was then.moved .by Marshall, seconded and carried' by
vote that te bid be rejected and re -advertisement be
Thee City Manager :advised .that new specifications will.'
be , ritten:to-p.rovi.de;,that any company,may bid on either a three -
sect: on or four -section ladder or broth.`
Change of District
A report vas- received_ from the Planning Commission re--
Commending approval of the ,:avr,l LcatIon of Max Miller for change
of. district of the 2.20'acre Parcel -on the northeasterly corner:
of -San Antonio Antonio Avenue. and'Middlefield Road (having a frontage
of 218.95 feet on San Antonio .Avenue --and. x+03.69 feet on Middle -'-
field .Road),: from „L-M:S:D.,. Limited Manu acturing District with
Special.:Parking' and Design. C -o tro1` District Regulations, to
P1anned .Community District.,
A ,proposed .ordinance providing for this charge of zone
was: accepted :for first .reeding:
(C.ounci.lman Huston left
and -was -absent TOrthe
Tentative. Map, Portion Block
at. this time, 10:30 P.M.,
resit of the meeting.)
3; Seale Sub. No. 5
A report -was received: from the Planning Commission re-
commending approval..af the-tent-ative map of a portion of Lots
1-5, 21, 22 and 23,'B1ock 3,-Sealeaubdivision No. 5, being the
block bounded by Louis Road; California Avenue, Greer Road and
Oregon. Avenue, :subject to 'the granting of easements within the
tract and acquiring easemen'c. oveer, land rot in the subdivision
as shown in red on the map.
The Manning: Officer advised that it is desirable to
have a rearrangement,of the. overhang electricalutilitylines and
a:pedestrian:walkway,if-it- i.spossible to work these out, but
suggested that the map be approved subject to the provision of
easements, with the;understanding-that the Planning Deoartrnent
will make every -effort to secure. a rearrangement of the elec-
trical utility lines and provision for a pedestrian walkway.
t+"' if 177 :¢' "erstil{y ry'
123
-Cr motion 'of Byxbee and Rodgers, the tentative .map
!as approved in, accordance With the recommendations.
(c.ouncilman Marshall, left at 10:3.5 P.M. and- was
absent "or the rest of the meeting.)
Final: _.Map- Tract Noy. 938-, Elmda le
A report was submitted by the Planning Commission recom-
merd_ingapproval oi' the -final;' map, of Tract No. 938, 'Elmdale as
pres'-es' oy ty,71e;. Triad Construction Company; It Sias explained
ghat this -:is' the fairst unit of the_ area included ir.'the approved
tentative °.mao of the I subdi vis:ion of Lot 8 .and portions -of ?Jots 9,
.' 2, :23 arc 24,`; B1ocic 6.,. `Seale ,Subdivision No. 5, located on the
southeasterly side4f .Oregon Avenue approximately 213' feet north
of Greer Road Approval. -of the map was recommended by the Com-
mis:.ior subJect to;the.,granta.ng of easements outside- of the tract
and ,a, tering easements:within' the tract as shown in red on the
mao, andto prova si;on.':of easements, for. drainage In street areas
shown on_ the tentative `Y.ap but outside the first unit.
RQsol;ution NP. 2562 approving the final map of Tract No.
938 in accordance'w'ith the recommendation was introduced, and on
motion of Byxbee and 'Hanley, was adopted by unanimous vote ofall
council- members present
Amendments to`Zoning.Ord,:nance
A report _was, •received from the Planning Cornrci lion re-
commending adoption .of amendments to Article 27 of the JZoning
0rd1naice,relative t'o Amendments, Alterations and Changes in Di:;-
tric,s , to Article 8B and Article 9 to include ambulance services
in uses permitted in the R -3-P and p-2+ zones; and to Sections
22.06 and 22,07 :regarding side yard and rear yard requirements.
A proposed ordinance amending Article 27 of the Zoning
Ordinance_, and a�proposed ordinance amending Articles 8B, 9 and
22, were referred •tosCommittee No. 1 for consideration and report.
Purehase• of Government Bonds
Resolution,No. 2563 authorizing the purchase $300,000
U. S.• Treasury Bills due December 2, 1954, at $299,2+1.67, to
yield 1% and: to be held in lieu of cash, and authorizing -the pur-
chase' of $15,00o "K'_Bonds to ;nature in September, 1966,-2 3/ �.
with funds received from "G'' . Bonds which matured in September,
1954, to be:. h.e;1d for the' Dixon P'urd, was introduced, and, on. motion
of Wicke'tt,.and--Cummings, was adopted by unanimous vote on roll
call.
Resolutions for. Retiring Employees
Resoluti:onu of- appreciation to Alvina T. Larsen- and to.
John A. S aIn on their retirement from the City service were- intro-
duced: Miss_ Larsen has served the City for twenty years and ..Mr.
Spain.,for fifteen years.. ',On. motion of Byxbee and Ruppen.thal,
these resolutions were. adopted by unanimous vote on roll. call..
Parkin -Traffic S'tudv Middlefield Road-Universit Ave. Area
A proposed ordinance was introduced, prohibiting parking
on portions .of 'Middle f ie1d Road, Lytton Avenue, Uriversity..Avenue_
and Hamilton Avenue, as'indlcated on Drawing No. 12772 entitled'
Parking -%Traffic Study, Middlefield Road -University. Avenue Area.'''
On 'mo:tlo.n of Wickett and Rodgers, this ordinance` was.
accepted .for first ,-reading- and referred to Committee N. '2
InitiativeOrdinance
Ordinance No1159, ,.calking a special election forthe
of sub►nitting.to the electors`:an initiative ordinance
for Fluoridation of Water Supply
Jc
author zing the fluoridation of the Palo Alto Municipal Water
Supply; was .introduced., and on mot1ori of -Cummings and Bishop,
wa's; adopted -by unanimous vote :on roll call. This ordinance pro-
vides that this special- election.::3hafl be held on Tuesday,
November 2, 1.954, and shall.:be consolidated with the State and
County General Election to be held on the same date.
Controller's. Report
The monthly report , of , the` Controller for August, 1954,
was received and`.placed on file.
Monthly Retort of Planning: Officer
The monthly report of the Planning Officer on action
taken in August: on -applications, made: for redivision of lots was
received and placed on file.
Monthly Report o -f Zoning -Administrator
,The monthly report:.of the
Toning ,Admtnis trator on ac-
tion taken in. August on applications made for variances and use
permits Was received- "andpaa.ced : on` file
On motion ofDrysdale: and i-arley, the 4meeting was ad--
journ'ed. at ;0:50.1),411
APPROVED: -/t/'
Mayor
Mayor