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City 'Hall, Palo Alto, California
February 14, 1956
The Council of the City of Palo Alto met in regular ses
sion on this date. at 7:30 P.M., with Mayor Porter presiding. Roll
call •as follows:
proved.
Present: Bishop,,Byxbee., Corcoran, Cresap, Cummings,
Drysdale, Giffin, Marshall, Mitchell, Nevis,
Porter, Rodgers, Ruppenthal, Simpson
Absent: Davis.
The minutes of the meeting of February 6, 1956, were ap-
Letter from B. M. Wolfe
A letter from B M. Wolfe, owner of the Kemp -Monet Appli-
ance Company, expressing appreciation for services rendered by city
employees at the city hall, was read and placed on file.
Pinball Machines
A letter was received from the Palo Alto Woman's Club re-
questing the passage of an ordinance" to prohibit the possession of
pinball machines.
A communication was received from Frank H. Thill, County
Executive, enclosing copy of a proposed ordinance which would prohib-
it pinball, marble and claw machines but permit amusement and vending
machines. Mr. Thill advised that the Board of Supervisors would like
to have the City Council's opinion on the proposed ordinance, and is
exploring the possibility of its adoption by all jurisdictions within
the County.
On motion of Ruppenthal and Giffin, the matter was referred
to Committee No.,3 and the City Attorney for study and report.
Teachers Recognition Week
The Mayor read a letter from Dr. Henry M. Gunn, Superin-
tendent of Schools, expressing appreciation for the action of the
Mayor and Council in proclaiming the week of February 13-18, 1956, as
Teachers Recognition Week in Palo Alto.
Sewerage System - Storm Drainage - Flood Control
A letter was received from Mr. Murray Ross, 1010 Elmdale
Drive, requesting,per.mission to present a petition at this meeting
from theresidents of Melwood Tract, requesting that Greer Canal be
tweer Oregon Avenue and Amarillo Avenue be closed by the construction
of a box culvert.
The Council also received a letter on this subject from Mr.
Ernest H. Norback,' President -of the Oregon Avenue District Associa-
tion, concerning the health hazard in the flow of raw sewage into the
Greer Canal and urging immediate action to correct the situation by
construction of the culvert requested.
The Mayor stated that the entire matter of sewerage and
i drainage is tied in with 'flood; control and will be given first prior-
iity in the capital improvement program.'
The City Manager read Engineering Bulletin 56-16 regarding.
deficiencies in the Palo Alto sewerage system and the need for cor-
rective action.
The City Manager recommended that the Council authorize'.an:
engineering study -to be -_made immediately, in accordance with the rec-
lommendations of the'City Engineer in Bulletin 56-16, for improvements
to the sewer system so that cost estimates will be available in
planning the method or financing the necessary work. He recommended.
that George S.. Nolte, Civil Engineer, who is presently making a stu--
y of storm drainage problems, be engaged for the sewage system study
because of the inter -relation of the two systems, advising that the
cost of the engineering study and completion of construction plans
and estimates for the needed improvements should not exceed $10,000. -
00.
On motion of Mitchell and Byxbee, the City Manager was au-
thorized to hire George S. Nolte to make this study, with the under-
standing that he would submit a recommendation to the Council for
the nec.e.asary transfer of funds after arrangements have been made
with Mr. Nolte.
The City Manager referred to the survey made during the
past year by Harry N. - Jenks on the needs of the sewage treatment
plant,:and advised that. the storm and flood conditions this winter
have shown that the program must be stepped up a year. He requested
authorization to negotiate with Mr. Jenks for his services in the
preparation of plans and specifications for the required additions
:.to the sewage treatment'p'lant.. The City Manager advised that the
total cost of additions and improvements to the outfall lines and
the sewage treatment plant is estimated to be $600,000.00, and: it'is
expected that,a recommendation will be made in the near future by
the Capital improvement Program Committee on the financing of the
project.
On motion of Mitchell and Cummings, the City Manager was
authorized:to negotiate with Mr. Jenks for his services in the prep-
aration of construction plans and specifications for the expansion
of the sewage treatment plant.
The Mayor reported that Col. Graf, District Engineer of
the Corps of Engineers, U.S. Army, had informed him that the Corps
of Engineers are 'continuing 'with their study of San Francisquito
Creek and will soon call for bids for repair of the levee and for
revetment work.
Mr. Ernest H. Norback addressed the Council at this time
in behalf of Murray Rosa and other petitioners who request the con-
struction of a box culvert- to enclose the portion of the Greer Canal
between Oregon Avenue and Amarillo Avenue. He spoke of the health
hazard created by the flowing of raw sewage in the drainage, canal
and urged immediate action to correct the situation. He presented a
petition signed by approximately 175 property owners and residents.
of the affected area.
H. L.. May, Chief. Engineer of the Water, Gas and Sewer Divi
sion, explained that the sewage flow was greatly increased because,
of' the infiltration of' water into the sanitary sewer system and that
it was necessary to break into the storm drainage system to prevent
the sewage from flowing into the streets; that this connection'was
made at the, suggestion. of the County Health Department and that
their advice had bean followed in chlorination and other protective
measures.. Mr. May s,tatedathat-no sewage has been flowing into the
Greer .drainage canalsince Pebruary 10th, and that the canal should
remain clear unless.'there are more heavy rains.
The City Manager and City Engineer pointed out that the-
construction the box culvert from Oregon Avenue to Amarillo Ave-
nue is Sncluded'in the program; that no funds are available for the
work at this;time, but it is the intent to provide funds in the next
budget and have the work done during the summer.
Mrs. Corcoran moved that the necessary funds to construct
the box culvert be transferred from the. Mitchell Park project. The
motion was seconded by Drysdale. During the discussion which fol-
lowed, it was pointed out that it would not be advisable to do the
work at this time, because the canal is a part of the storm drainage.
collection system and that construction work before the rainy season
is over might prevent theflowing of storm water; that the work
379?
should not be started until-the:ra.ins are over.
The motion to transfer funds for the purpose was with-
drawn,, and it,, was then moved` by -'Mrs . Corcoran, seconded by Drysdale,
and carried that funds for the project be included in next year's
budget.
On motion of Bishop and Byxbee, the staff was directed to
have the necessary engineering studies and plans completed so that'
when the budget is adopted the construction work can proceed immedi-
ately.
Mr. Jack. Miller, 2463 Burnham Way, commended the City Man-
ager and staff for their presentation before the Corps of Engineers,
U.S. Army, at the hearing held in San Jose on. February 7, 1956, on
flood control. The Clty:Manager:advised that citizens had also par-
"ticipated in the presentations and that Col. Graf, the hearing offi-
cer, had complimented the participants for the presentation which
was made by the Palo Alto group,
the City Manager reoonu ended that the Council request the
Santa Clara County.:Fl.00d.' Control: and Water Conservation District to
include in the engineering -studies now under way that portion of San.
Francisquito Creek which lies in Santa -Clara County, and further re-
quest that the improvement of the Santa Clara County side of San
F'rancisquito Creek from Middlefield Had to the Bayshore Highway be
included in the proposed bond election for flood control in the
Northwest Zone of the Santa Clara County Flood Control and Water Con-
servati'on District. The City Manager advised that it is important
that the San Francisquito Creek project be considered at the. same
time that the other engineering studies on major streams in the
northwest zone are reviewed by the Board of Supervisors.
°Demotion of Mitchell and Drysdale, the City Manager's rec-
ommendations were adopted and it was directed that a letter setting
forth these requests be sent to the Board of Supervisors of Santa
Clara County for presentation at their next meeting on February 20,.
1956.
Bids on Temporary Hospital Additions
A report was made by.the City Manager on the bids received
on February 9, 1956,_on temporary building additions to the Palo Alto
Hospital, with'the information that the low bid was approximately
$26,000.00 in excess of the estimate;' that the architect has reviewed
the bids and has proposed that the mechanical items be revised and
additional bids be taken op such items; that the low bidder has no
objection to this procedure. A corplete report will be submitted at
the next Council meeting, after bids on'the revised mechanical items
have been received.
Bids on Mitchell Park Construction Items
The City Manager made a.: report on bids received on Febru-
ary 10, 1956, on certain construction items in Mitchell Park, with
the recommendation that the low: bid of Howard Bru in the amount of
$15,900.00 for the tiny Tot. Area and the low bad of Atlas Concrete
Company in the sum of.$3,120.Oo for the Wading Pool be accepted.
The City Manager reported that only one bid was received on the con-.
struction of two service buiidingm:,.fountain pool, planters, arbors,
walks, multi -purpose area; Senior.Citizen Area and appurtenances.
This bid was from. Huettigand Schromm, Inc., in the total amount of
$99,158.00. The. City Manager. advised that the bid on these items is
favorable except that the cost of the service buildings exceeds the
amounts budgeted in the estimate for the total park development. He
recommended that consideration of this particular bid be deferred un-
til it can'be determined:whether a.n.egotiated agreement can be
reached for all of'the items except the -service buildings and an op-
portunity given'to revise' details'of the service buildings in an ef-
fort to bring. the'. cost' within budgeted limitations.
On motion Of`Byxbee and Cummings, the bids of the low bid-
37.E
ders on;'the Tiny Tot area and the.W'ading Pool were accepted as rec-
ommended, and the Mayor was authorized to sigr the contracts, and
action on the bid on t.he:service buildings and other items was de-
ferred .
(Councilman Rodgers left at this time, 8:55 P.M.,
and:was absent for the rest of the meeting.)
Report on Annexation Fees
A written report was submitted by the City Manager, in
compliance with a request:of the Council at a previous tweeting, re-
garding procedures followed by some cities in charging fees for the
privilege ofannexation. The report was accepted for study, and
copies were distributed to Council members.
(The.Council took a recess at this time, 9:00
P.M.-, and reconvened at 9:10 P.M.)
Zoning of Stanford Annexation No. k Area
A report was received from the Planning Commission recom-
mending approval of the application of Stanford University to zone
certain territory known as Stanford Annexation No. 4 toL-M:S and
0-A, with an 0-A District of 50 feet, subject to the condition that
the University and the adjoining property owners work out a solution
to the problem of landscaping the 0-A District to their mutual sat-
isfaction.
A motion:was made by Mitchell, seconded by Navis, that the'
recommendation of the Planning Commission be accepted. I
Mr..AndrewM. Spears, 950 Matadero Avenue, addressed the
Council in behalf of himself and other residents of Roble:Ridge, a
residential area outside the City limits of Palo Alto but adjoining
the area proposed for annexation to the City. They opposed the in-
dustrial development so close to their homes, and asked that the 071
(Open -Area) District be at least 70 feet instead of 50 feet as rec--�
ommended by the Planning Commission.
Mr. Alf E. Brandin, Business Manager of Stanford Universi-J
ty, discussed the proposed development and stated that the Universi-
ty will do:everything possible to make this area as attractive as
the rest of the industrial park. He pointed out that -a11 plans for
.buildings are approved' by the University, and that there would be
90 feet between the proposed Lockheed laboratory buildings, and the
properties of Mr. Spears and others on Roble Ridge.
Mr. Roger Sherman, 975 Roble Ridge, supported Mr. Spears
in requesting that more open area space be required, and asked'for
information regarding the zoning and open -area district regulations.
There -was considerable discussion regarding regulations for
open -area districts, and. it was pointed out that in addition to
landscaping and, screen planting, there are certain uses permitted
under a use permit, including off-street parking, loading, and serve
ice roads.
A motion waa made by Mrs. Corcoran, seconded by Cummings,
that the previous' -motion tov adopt the recommendation of the P1ann1n
Commission be amended to provide that this.particular 0-A District
in -Stanford Annexation No. k should be subject to no use permit.
whatsoever, The City Attorney ruled that the proposed amendment is
out of 'order :
After further discussion, the motion made by Mitchell and
Navis was modified to read :that a proposed ordinance zoning the
Stanford Annexation No. k area to -L-M:S and 0-A be accepted for
-first reading, with the 0 -A --District to be 50 feet, subject to the
annexation --of this,area:to the City. The motion was carried by the
following vote .: on..:ro.il.. call :
374
Ayes: Cresap, Drysdale, Marshall, Mitchell, Navis, Rup-
penthal, Simpson.
Noes: Bishop, Byxbee, Corcoran, Cummings, Giffin.
Not Voting: Porter.
A motion was then. made by Bishop, seconded by Giffin, that
an O -A District of 50,feet with a setback of 20•feet be established
for the entire periphery, of the Stanford industrial lands. The City'
Attorney advised:that Stich a proposal would have to be referred to
the Planning Commission first for -consideration, since other area is
involved. After: more discussion, the motion was changed by Bishop
to read that the Planning Commission be requested to consider the es-
tablishment of an O-A.District'of 7'0 feet along the outer periphery
of the Stanford lands, including the area in Stanford Annexation No.
4 under. discussion. The City Attorney advised that this motion was
out of order inasmuch;as,first.reading has Just been given to the
zoning of Stanford Annexation INTO,? to provide for an O -A District
of 52 feet. No further action was taken.
Drive -In- Theatre Development Plan
A report was received from the Planning Commission recom-
mending that the P -C -District Development Plan for the Palo Alto
Drive -In Theatre at Bayshore Highway•a.nd Amarillo Avenue be approved`
subject to the following conditions:. That the driveway be reduced`
ten feet so that ' 260 feet of R-1 zoning may remain on the southwest
side of the property and that this 260 -foot R-1 area be continue -“o'
the southeast in place of the flood' basin as shown; that the drain-
age for the area be:approved by the City Engineer; and that thepro
posed concrete block wall along Amarillo Avenue be set inside the
future street widening line. Details of the la dscaping and circu
lation would be worked out:as a part of the use permit which would
be required.
Mr. William Joyce, attorney for the owners of the theatre,
was present to answer questions and present information in behz,lf of
his clients.
It was explained that the Drive -In Theatre is operating a
non --conforming use and has requested a zone change to permit the re-
location and modification 'of their projection booth. Mr. Joyce stat-
ed,that'they are not interested in residential development in a part
of the area.
The. Planning Officer reviewed the report of the Planning
Commission and pointed out that the Commission is in favor of the
continuance of the.Drive-In Theatre at this location.
• After some discussion, action on the matter was deferred
to -the meeting 'of February 27, 1956.
Record of Survey : Tract No.?. 1580
• A report was. received from the Planning Commission recom-
mending approval of. the Tentative Record of Survey of a division of
Lots 1-6 inclusive; -Tract No. 1580.
It was moved, seconded' and carried that this tentative rec-
ord of survey be approved. -
--Monthly Reports
The monthly report of the Controller for January, 1956,
was received and placed on file.
The monthly report of the Planning Officer on action taken
in January on applications for redivision of lots, and the report of
the Zoning Administrator on action taken in January on applications
for variances and use permits were received and placed on file.
Tax: Refunds
375
.
A report was received from the Controller reconmending'rel
fund of duplicate payments of taxes as follows: Tax Bill NO. 6525,
first installment and Penalty, in the amount of $32.00 ,andTax
Bill No. 1.201-2, seeondinstallment, in the sum of $29.89.
On motion of Mitchell and Drysdale, these refunds were'au4
thorized by unanimous vote on roll call.
BuildingC:ode
At the request of the special building code committee,
the hearing on the Uniform Building Code, 1955 Edition, and pro-
posed amendments, which had been continued from December 1a., 1955,
to this 'date, was again continued to February 20, 1956, at which
time the committee will present its report and recommendations.
Appointment'to>Matadero Mosquito Abatement District
The. Mayor nominated Mr. J. B. Wells for re -appointment as.
a Trustee of the Matadero Mosquito Abatement District, representing
Palo Alto, for a two-year term commencing February 15, 1956..- It
was moved, seconded and carried that this appointment be confirmed-.
R -3-P. Uses
It was: moved by Bishop, seconded and carried that the
Planning Commission be requested to consider an amendment: to Section
8B.02 of the Zoning Ordinance to prohibit retail sales of any goods
drugs or merchandise in connection with any use in an R -3-P zone. I
Settlement of Claim (Lester)
Reference was made by the City Attorney to the claim filed
by Muriel H. Lester in the sum of $30,000.00 for damages in connec-
tion with a sidewalk fall accident, which was denied by the Council,
in June, 195k. He advised that an action was filed in the matter,
and that an agreement has been reached to settle the case for
$x65.28..
On motion of Byxbee, duly seconded, and by unanimous vote
on roll call, the'City Attorney was authorized to settle the case
for $465.28.
Adjournment to February 20, 1956
It was moved, seconded and carried that this meeting be
adjourned to February 20, 1956, at 7:30 P.M.
(This meeting was declared adjourned at 11:15 P.M.)
APPROVED:
ATTEST:
yor