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HomeMy WebLinkAbout01231956City Hall, Palo Alto, California January 23, 1956; The Council of the City:.vf'Palo Alto met in regular ses- sion on this date at 7:30 P.M. with Mayor Porter presiding. Roll call as follows: Present: Bishop, Byxbee,....-Corcoran, Cresap, Cunnings, Davis, Giffin, 'Marsha -lie Mitchell; Nairis, Porter, Hedgers, Ruppenthal, Simpson. Absent: Drysdale. The minutes of :the meetings. of January-' 9, and January 16'; 1956, were approved'.: Flood Control The Mayor:: read a letter which he had received from Mr: Kenneth M. Cuthbertson, Assistant to the President of Stanford Uni- vers-ity, advising that the Board of Trustees at its regular meeting on- January 19, 1956; pasaed . a` resolution. notifying the City of Palo Alto -;of the niversity'-s,'willingness to: cooperate with the City in a study of flood control' plans, and stating that the President and staff are ready to discuss the matter with City representatives at any time. The Mayor:announced that he has appointed the following committee,`as authorized'at. the last`Council meeting, for the purpose of reviewing the legal rights of:individuals and the legal rights of the public with..respect to San Francisquito Creek, and„to study and recommend a course'of action by which rights of way can be obtained either -by the City of PaloAltoor any other public agency: Council man Lee W. Rodgers, Chairman; Councilman Robert W. Byxbee, Mr. Curtis J. Myers, 1863.Edgewood Drive; Mr. Harold Klein, 1832 Edgewood Drive;; the City Attorney, and W. S. Wagstaff, Deputy Director of Civil De- fense . The City Manager reported that the City of Palo Alto and San Mateo:County have joined in the financing of an engineering sur- vey of San Francisquito Creek in connection with the flood control work to be done by the Corps of Engineers, U.S. Army. The City Manager read a letter from B. W. Booker, Assistant State Highway Engineer, advising that his department is conducting a' comprehensive investigation of the San Francisquito Creek drainage ` area with relation to the proposed bridges over the creek at the Bay - shore Highway and at University Avenue, and will recommend an increase in the waterway area to the State Bridge Department. The City Manager' presented an agreement which has been ap- roved by the Board of Supervisors of Santa Clara County, between the anta Clara County Flood Control and Water Conservation District and he City of Palo Alto, whereby the City will provide an engineering eport and design for the improvement of Matadero Creek, Dry Creek nd Adobe Creek which flow through the City of Palo Alto, the report and plans to be financed by the District. It was moved, seconded and carried that the Mayor be authorized to sign this agreement in behalf of the City. It was also moved, seconded and carried that the City Man- ger be authorized to enter into an agreement with George S. Nolte, ivil engineer, to provide engineering services which the City Engin- er may require` to expedite, this study for the Santa Clara County food Control District which is to be'eompleted by April 1, 1956. The Mayor advised that Mr. Robert E. Hackley has made some ecommendations and suggestions on the flood control problem, and ap- ointed Vice Mayor Marshall, Couxncilman.Mavis and Councilman Drysdale o meet with Mr. Hackley -and theCity Engineer and see that due con ideration is given to Mr.' Hackley's`suggestions. VC, air Manager :reported that he has been .informed that l The .City rmy, are taking nse -t the Corps :off Matadere 'Engineers,. . ': A c silt from Nfatasome Crhabi1itativn Mork on the 'levees DonBMatadero cq.may authorize soma re Creek. Attention was called to theoranofce e p o ibptingt T i dUmping of refuse in the creeks and to problem or'advieed'that:the:=regulation will be enforced as much_as iv is possible to dp so. carbarre Contract 1 Councilwoman Corcoran expressed her onover tresre�- ! cent. garbage collection situation when some the co thenra lobar ee- ployees went on a kcontractor. comments .rag 1 lations of ` the garbage Pro`ect 2-•1 Off -Street Parkin:_ Universit• Avenue District 1 Was the time and place set for a publics herons the ot This Project 52-13 the- resolution of ..intention to modify osEs of certain` parcels of property in for ::.kff-wtreand 6,k ingaccordance with Resolutice ions hear 2696 and Nn B2697 d, 5. 2696 and No . 2697 adopted b y aw . 9, l9� ing was published as req A letter was received from the at 167rineula Creamery Hami.ltan Avenue intect- he ing to the inclusion of he Prop lot.. area to be acquired for a parking The hearing was declared open. Real, spoke on behalf of 4192 El Camino Jeannette Mullen, her mother,. Mrs. Mamie Mullen, owner of property on SighStreet in Block 4, stating that she does. not wish to sell her property. Mr. W. I. Hillman, representative of the south tdewateofAssoorner. mOC.aned 011 Company, -owner of the property that the company plans to-continuerits Street and.Hamilton Avenue:, nformed the Council that this proper J is not ava�.7-able: ;for sale and an t'he p service station there and to provide off-street parking em ise3 . Mr. H:`g..Kes's7:er, representing acquisition lofCthemp open -1 , ; spoke in support of their protest against ty at 167 Eamilton Avenue. There was considerable forcacquisitussion monginthe the �odifica� bars regarding the lots pr P �. bounded by Alma, -tions under consideration (portion of Block , Ammo, Lytton,:and University; portion of Block 5 bounded by High, portion of Block.5.on the northeast- �;gh, Hamilton and;.Univeraity; erly side of High Street: and-HamilltoonAvenue; nen Sdrppor )ion of Blec k 6 on the ;corner of` Hamilton Ruppenthal, that the It was moved by Credal), seconded by be co tinned to February 14, 1956. The motion was -carried by1 (natter unanimous , vats � of one -council -members present . (�Ts.v3s and Simpson were absent . during the roll ca ) Cresap, and seconded, that. a resole . It, was: ;then moved -by Project 52-13 by adding (ion . of int.ention> be adopted modifying from Alma to High Strew f the ;property on both sides of University was made by Cummings to atover-1 amend teetheresapls motiono o ato iredu i cond to d- y Unid -amend Cresap`a to include the entire block isounded by ment, Lytton, Hen wos heneaEmersdo tedhby unanimousevote on roll calllioff mast., The motion was-.alien.adop all council members :present. (Navis and Simpson were absent at:t } time.) (Councilman Ruppenthal left at thistime,. 8.25 - FAL , and was' absent fob rest off the meeting.) After further discuesion,it was moved by Bishop and sec- onded that all actions to date on:Project 52-13, including the reso- lutions of intention`adopted'on January 9, 1956, and the resolution of intention --to make-further`modificat.ions as just adopted this eve-, ning, be rescinded, pending discussion and study by the Council as a Committee of the Whole. :This motion was carried by the following vote on roll call: Ayes: Bishop, Byxbee, Cummings, Marshall, Mitchell, Por- ter, Rodgers. Noes: Corcoran, Cresap, Davis, Giffin. • It was- agreed that a meeting of the Council as a Committee of the Whole to discuss Project 52-13 would be held on Monday, Janu- ary 30, 1956, at' 7:30 P.M. Park Site on Stockton Place This was the time and place,set for a hearing on the pro- posed abandonment of'the park site on Stockton Place in Tract No. 954, Sterling Gardens No 2. The notice, of this hearing was pub- lished as required by law. TheCouncil was informed that no written protests have been received. The hearing was declared open. There being no one present who wished to address theCouncil on the matter, the hearing was closed. • r .0111110. Resolution.No, 2699, ordering the abandonment of the Stock ton Place Park, conveying said property to the Palo Alto Unified School District in exchangefor a certain parcel of similar size containing approximately 1.70 acres, and authorizing the Mayor tc execute a grant deed tothe School District covering the property a-; bandoned, was introduced, and on motion of Byxbee and Mitchell, was adopted by unanimous vote. on roll calr. Resolution No. 2700 determining the necessity of acquiring for park purposes certain property owned by Manuel Piers, being a portion of Lot`126, Wooster Subdivision, containing 1.98 acres, was introduced, and adopted on roll call, with 12 Ayes, Rodgers voting- No. It was explained that•this,:land,is adjacent:to the parcel to be obtained from the School District:and that the action will' carry out the previous decision of the Council to acquire both parcels for a park site after the original park site' on Stockton Place is abandoned. Councilman Bishop pointed out that Mr. Piers has been oper- ating a dairy on his property'in that area for many years under a non --conforming use,, and. suggested that a study be made to determine if -there is any legal waytol Make It a conforming use. The City At- torney advised' , that the Council should proceed cautiously on any re- zoning procedure for the --property in.ques-tion because there are a n tuber of other non- conforming uses in tie City and there are legal problems involved.,:, He stated that he and the Planning Officer have talked to Mr. -Piers and informed : him what he could do under the pres- ent ordinance, but that'there are other !changes Mr. Peers would like to make which can .not be permitted. It was Moved by:Bishop, seconded by Mrs. Corcoran, that the Planning Officer be instructed to make a report to the Council as to how the Piers Dairy could, be made a conforming use without creating a spot .zone'. The Motionwas carried by the following vote on roll call: Ayes: Bishop, Byxbee, Corcoran, Davis, Marshall, Mi.t- "chell, Porter, Rodgers. Noes: Cummings, Giffin, NavLs, Simpson. Xtr ^.Il.":;i v�•„":�'11f�iNlfr:tv.'."m.7YW9YYµ'hN-'vll'g4F4. 359 Abandonment of Park'Site in St. Francis Terrace This was the time <.and place set for a hearing on the pro-- posed abandonment of the`,park site in St. Francis Terrace,: The no- tice of 'this hearing' was published as required by: law. ;No .wr3 tten protests to the abandonment were received. The hearing was declared open. There being no ing to be heard on the matter, the hearing was closed.; Resolution. No. 2701 -ordering the abandonment.of this park site and authorizing the City Manager to sell said land -at a public sale was introduced, and on motion of Mitchell, duly seconded, was adopted by. unanimous vote on roll call. At the suggestion of Councilman Nevis, it was agreed ghat the City Manager would .not sell the property until he has looked:in to the l,poasibility of. Using the land as home sites for houses; .which 1 might have.to be`moved in connection with some improvement project such as the South Palo Alto grade separation. (A>reeess:;was taken at this time, 3:45 P.M., and the Council: reconvened at 9:00 P.M.) Zone Change t Stanford Industria:'. Park The Council gave further consideration to the application of Stanford University for the rezoning of certain areaHon Hanover Street Extension in the Stanford Industrial Park from L -M: -S -;to P -C, to._ permit. the construction a1 a service station on the .corner of Page Mill Road and,Hanover Street Extension and a bank on the corner of CaliforniaAvenue .: This ' vaatter was continued from the meeting of, December 27, 1955, when the Council received a report froth the Plan- ning Commission recommendin the rezoning from L-M:S to P -C of the, strip, along Hanover. Street Extension with the understanding that th development plan would provide a bank at California Avenue and a service station at Page Mill.'Road 'and a proposed fire station adjac- ent to the service station, --and that the intervening area between the bank,_-and:the.firecstation would be devoted to uses otherwise al- lowed in the L -M district. A motion was made by Mitchell, seconded by Simpson, that the recommendation of the Planning Commission for the zone.change be adopted. Mr. Edward:V. Arbuckle, speaking for the merchants in the California Avenue District, stated that they are definitely opposed to any rezoning:,which would allow commercial uses in the Stanford Industrial Park. . After .dis.cnssion of the question and of uses permitted in the L -M zone, in which the Planning Officer advised that the origi- nal purpose of L -M zoning was to limit such zones to employment areas withoutcommercial or service uses, Councilman Simpson with- drew his second.to-the motion to adopt the recommendation of the :Planning Commission. Mrs. Corcoran seconded the motion. The vote ;on roli.eall was 1 Aye.(Mitchell) and 12 Noes, and the motion was declared lost. After further discussion, it was moved by Cresap, seconded by Nevis, and carried that the Planning Commission be requested to consider -.an amendment. to the L -M provisions of the Zoning Ordinance to include service stations in the uses permitted in the L -M Dis- tric t ... . A motion was then made by Mitchell and seconded that the Planning.. Commission be asked to advise the Council as to the wisdom of extending..the provisions of the L -M zone to include banks. This motion°was lost by the following vote on roll call:.: Ayes:- Cresap, aiSf'in, Mitchell, Rodgers, Simpson. Noes Bishop, Byxbee, Corcoran, Cummings, Davis, Marshall, Navin, Pgrtet, Stanford Annexation No. 4 A petition was': received from Stanford University for the annexation of 125.68k acres of ,uninhabited territory to the City of Palo Alto, to:be designated "Stanford°,Annexation No. 4." It was re- ported that the County; Boundary, Commission has approved the definite- ness"and certainty of the boundaries of the annexation area. Resolution No.. -:270a giving notice of the proposed annexa- tion of uninhabited territory, designated as "Stanford Annexation No. 4'," and .setting Febrdery 20, .1956, at 7:30 P.M. as time for hear- ing, was introduced, and-on:motion of Byxbee and Simpson, was adopt-i ed an roll call with l2 Ayes, Porter not voting on the motion. Library Fees A letter was received from the Library Committee of the Parent Group of the Stanford Elementary School, requesting that Stanford school` children be exempt from payment of the fee charged to out-of-town residents using the city library facilities. On.motionof Mitchelland Byxbee, the request was denied. During the discussion.on the matter, a majority of the council mem- bers expressed the opinion that all non-residents should be treated alike in the matter of fees for services. Eleanor Park Letterswere received from the Garden Club of Palo Alto and from Mrs. Virgil S. Haugse, 802 Center Drive, concerning their interest in the development of Eleanor Park. The Garden Club re- quested an opportunity to meet with the Council for discussion of plans for the development of the park. It was directed that the question be placed on the agenda of some future Council meeting, at a time to be selected by the. May- or and City Manager, ..the Garden Club and Mrs. Haugse to be notified of the meeting and publicity to be given to it in the newspapers so that other interested groups and individuals could be present. Prohibiting Parking at 0hlones:School The City Manager presented a proposed ordinance to prohib- it parking on the northerly side of Charleston Road in front of the Ohlones Elementary School :between the hours of 8:00 A.M. and 5:00 P.M. on school days. On motion of Mitchell and Rodgers, this ordi- nance was accepted for first reading. Transfer in Eguipdnent Fund Upon recommendation of the City Manager, it was moved by. Mitchell, seconded; by Marshall, and carried by unanimous vote on roll call that the sum of $4,500.00 be transferred from the unappro- priated reserve of.the Equipment Fund to Account 901-17c for over- haul of equipment. (Mrs. Corcoran left at this time, 9:25 P.N:., and was absent for the rest of the meeting.) Agreement with Southern Pacific re Gates at E. Meadow Drive The City Manager. presented -an agreement between the City of ' Pao Alto and tie Southern, Pacific Company. covering the installa- tion of automatic' crossing. gates at the East Meadow Drive crossing, the only unprotected crossing within the city at present. On Motion of Mitchell and:Byxbee, a resolution authorizing; the Mayor to exeoute.this-.-agreement in behalf of the City was adopt- ed by. unanimous vote 'on 'ral'l call Stanford Annexation No. 4 A petition was received from Stanford University for the annexation of 125.684 acres of uninhabited territory to the City of Palo. Alto, to be designated "Stanford Annexation No. 4." It was re- ported that the County Boundary Commission has approved the definite- ness and certainty of the boundaries of the annexation area. Resolution No. 2702 giving notice of the proposed annexa- tion of uninhabited territory, designated as "Stanford Annexation, No:. 4+," and settingFebruary 20, 1956, at 7:30 P.M. as time for hear- ing, was introduced, and on motion of Byxbee and Simpson, was adopt- ed on roll call with 12 Ayes, Porter not voting on the motion. Library Fees A letter was received from the Library Committee of the Parent Group of the Stanford Elementary School, requesting that Stanford school children be exempt from payment of the fee charged to out-of-town residents using the city library facilities. On motion .of -Mitchell and Byxbee, the request was denied. During the discussion on the matter, a majority of the council mem- bers.expressed the opinion that all non-residents should be treated alike in the matter of fees for services. Eleanor Park Letters were received from the Garden Club of Palo Alto and from Mrs. Virgil: S. Haugse, 802 Center Drive, concerning their, interest in the development of Eleanor Park. The Garden Club re- quested an opportunity to meet with the Council for discussionof plans for the development of the park. It was directed that the question be placed on the agenda of some future Council meeting, at a time to be selected by the May- or and City Manager, the Garden Club and Mrs. Haugse to be notified of, the meeting and publicity to be given to it in the newspapers so'" that other interested groups and individuals could be present. Prohibiting Parking_ at,0hlones School The City Manager presented: a.proposed ordinance to prohib- it parking on the northerly side of Charleston Road in front of the Chlones Elementary School between the hours of 8:00 A.M. and 5:00 P.M. on, school' days. :0n motion of Mitchell and Rodgers, this ordi- nance was accepted for first reading. Transfer in Equipment Fund Upon recommendation of the: Manager, it was moved by Mitchell;" -se'conded by=Marshai.l,. and carried by unanimous vote on roll. call that tie sum of $:k,.500.00 be `transferred from the unappro- priated reserve of the, Equipment Fund to Account 901-17c for over- haul of equipment. {Mrs . ;Corcoran" left. at this. time, 9:25 P.M., and was absent' for the rest of the meeting.) Agreement With Southern Pacific re Gates at E. Meadow Drive ' The City Manager presentedan agreement between the City of Palo Alto and'the Southern Pacific Company covering the installa- tion of automatic croeeinggates at the East Meadow Drive crossing,. the only unprotected crossing within the city at present. >0n motion of 'Mitchell and Byxbee, a resolution authorizing the Mayor to execute this. agreement in behalf of the City was adopt ed by unanimous vote on roll call. 361 Bids on Substation Extension A're_port was'made by the City Manager on buds received :.on, January 19,' 1956,on 'extens .on to Substation "C" with supervis- ory and alarm system, ,:with; recommendation for acceptance of the bid of Westinghouse Electric' Corporation in the amount of.$111;,660.00 for substation extension.and,$1,423.00 for supervisory and alarm system, plus sales tax,, with delivery guaranteed by August 1, 1956. On motion .of Byxbee and Mitchell, and by unanimous vote: ,on -roll call, the bid- of -Westinghouse Electric Corporation was ac- cepted and the'Mayor was authorized to sign the contract for this equipment. Removal of "S" Zone, Project 55-5 Resolution No.. 2703, -removing the "S" District from all property within Project No. 55-5, California Avenue business,dis- trict, was introduced, and on motion of Rodgers and Cummings:, was a- dopted by unanimous vote on roll call. "S" Zonei Project 52-14 A resolution removing the "S" District from property in Project No. 52.14-, University Avenue district northeast of Ramona `Street, was introduced. A map of the "S" district in this area was presented and it`was explained by the .Planning Officer that ;the Counh cif has previously removed the "S" zone from a number of blocks in this district where off-street parking needs have been met, and that the only area in 52-14 on which the "S" zone still exists:is the northerly portion of Block 30 facing Lytton, Cowper and Kipling, and the portion of Block 37 in 52-14 bounded by Cowper, Lytton, Univer- sity and the district boundary line between Tasso and Webster Streets. A motion was made by Simpson, seconded by Rodgers, that the resolution removing the "S" zone from this area be adopted. The vote on roll call was as follows: Ayes:: Cresap, Marshall, Rodgers, Simpson. Noes: Bishop, Byxbee, Cummings, Davis, Giffin, Mitchell, Nevis, Porter. The resolution was declared lost. Project 54-8, Street Lighting Reconstruction Resolution No. 2704, designating the Commercial Officer as the Collection Officer in connection with payment of assessments for street lighting reconstruction under Project 54-8, was introduced, and on motion of Byxbee, duly seconded, was adopted by unanimous vote on roll call.' Amendments to Retirement Contract Resolution No. 2705 authorizing certain amendments to the contract with the State Employees' Retirement System, as previously approved.by:the Council, was introduced, and on motion of Mitchell ;and Marshall,, was adopted by unanimous vote on roll call. Claim- for Damages A report was received from the City Attorney in regard to 'the claim filed by the Peninsula Lumber Company in the sum of $575.- 22 for damagesustained by one of its trucks on October 27, 1955, when it was involved in,a fire at the city dump. The City Attorney !advised that he had investigated the matter and was of the opinion there: is no liability` on the part of the City. :0n motion 'of Byxbee' and Cummings, the report of the City ;Attorney was accepted and the.claim denied. "7. iY.' unn .ry P` :• i? l,l f,lwaaNL Wy ? 362 Library Action Committee - Counciiman:Byxbee:.called attention to letters received by_ members of the Council from the -Representative Citizens' Library Ac- tion - Committee,:. ,and suggested that >it might be .advisable to ask rep- resentatives of this group to: -meet with the Council regarding the development of a matter -.library plan,, or that a sub -committee of the Council meet with the ,Library Action Committee. The Mayor advised that he has already asked Vice Mayor Mar- shall to sit in.on meetings,of the group and act as the Council's representative. Adjournment to February 6, 1956 On motion, the Council adjourned (at 9:50 P.M.) to meet on Monday, February 6, 1956, at 7:30 P.M. in the Council Chamber at the City Hall. APPROVED: ATTEST: