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.
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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: