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City Hall, Palo, Alto, California_
September 24, 1956
The Council of the City of Palo Alto met in:reeular 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,
Davin, Drysdale, Giffin, Marshall, Mitchell,
Porter, Rodgers, Simpson.
Absent: Nevis, Ruppenthal.
The minutes of the meeting of September 11, 1956, were ap-
Project 52-13, Off -Street Parking, University Avenue Ridtrict
.This was the time for a hearing on Resolution No. 2777 of
Preliminary Determination and of Intention to -make changes and modi-
fications-inProject 52-13 by acquiring Lots- 39, 40, 41, 42, 60, 61,
62 and 63, Block 4,- University Park (designated. as. Parcel.1 On the
map of the distr_ct).
The hearing was declared open. There being no one present
who wished to speak' on the matter, the hearing was closed.
Resolution No. 2778, ordering changes and modifications, in
Project 52-13, covering Parcels 1, 2, 3, 4 and 5, pursuant to motion
adopted by the -Council on September 1?, 1956, and determining con
venience and necessity for the acquisition of these properties, -was
introduced, and on motion of:Cummings and Mitchell, was adopted on
roll call with 12 Ayes. (Simpson was absent during the roll call.)
A report was received from Committee No. 2 recommending
that the "S" Zone be removed from all of District 52-13 after the
parking program :has become effective. A motion was made by Mitch-
ell, seconded by Cummings, that the -recommendation be adopted.
(Councilman Ruppenthal came at this time,
7:40 P.M., and was present for the rest
of the meeting.)
In answer to a question regarding procedure, the City At-
torney advised that the "S"; Zone can be removed by resolution as
soon as property for off-street parking has been acquired, in ac-
cordance with the provisions of ..the Zoning Ordinance,, -and that the
proper action at this time, if the Council so desires, would be to
request the Planning Commission to consider the removal of the "S"
Zone from District 52-13.
Councilman Cummings, Chairman of Committee No. 2, ex-
plained that the committee had reviewed the matter and felt it was
likely that new buildings would be needed in the distri'tZor relo-
eating businesses whose properties would be taken for parking lots;
that no parking,has been established'for new buildings where the"S"j
Zone has been in effect; and that it was the feeling of the commit- i
tee that It would be proper to eliminate the "S" Zone_ in the entire I
district at the time when the legal action of the Council has gone 1
beyond: the point where there could be any modification or change in ,
the program..:
The previous motion to adopt the recommendation of ComMitH
tee No. 2 was withdrawn, and it was moved by Cummings that the=.Plan-
ning Commission be requested to consider the removal of the "S" Zone
from all the area included in District.52-13. It was'movedby Byx-
bee that the motion be.amended to read that the entire matter of 'thel
"S" Zone in both District 52-:13 and District 52-14 be referred to
the Planning Commission. for review. The motion was eeconded by
Rodgers, and was carried as amended.
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Stanford Annexation No. 6
This was the time and place°set for hearing of protests
against the annexation of territory designated as "Stanford Annexa-
tion No. -6" by any person owning real property within the territory
proposed to;be annexed. The City Clerk reported that a notice of
the hearing had been published and that the owners of the land. had
been notified; that no:written protests have been filed..
The hearing was declared open.,. There being no one present.
who wished to speak on the matter, the hearing was closed.
It was pointed. out that the annexation area includes a
strip of Willow Road approximately .61 of a mile in length. As re-
quested at a previous meeting, the City Manager made a report at
this time on the cost of maintaining and policing Willow Road. He
reported that the annual cost of street maintenance is estimated to
be $2750.00 for the usual items of striping, sweeping, storm drain-
age maintenance and lighting, and that the, annual cost of routine
police patrol would be approximately $1270.00. The City Manager
pointed out that there is no lighting on Willow Road at the present
time and that the existing storm drainage is the open type. He sat-
ed that the owners of the property,' who requested that Willow Road be
included in the City limits, should recognize that both sides of the
street should be improved to city standards when one side is devel-
oped.
Ordinance No. 1711 approving the annexation of "Stanford
Annexation No. 6" was introduced, and on motion of Mitchell and Cum-
mings, was adopted .on roll call, with 12 Ayes, Mrs. Corcoran not
voting on the motion and Marshall voting No.
Request to Change -Name of Willow Road -
A letter was received from Dr. Nancy Cross requesting that.
the name of the road through the. Stanford lands, now designated "Wil-
low Road" be changed to "Sand Hill Road," which' -she thought was a
more logicaa name as the road ,connects with the existing Sand Hill
Road in San Mateo County. This was referred to the Planning Commis-
sion.
Flood Control Program and Bond Election
A communication was received from the Santa Clara County
Flood Control and._Water Conservation District enclosing a brief out-
line of the program for elimination of floods in the Northwest,
Northcentral'and East Zones of the District; calling attention to
the, bond election -to be held in each of these zones on October 2,
1956, and requesting the Council to endorse the flood control program
and the proposed bonded indebtedness.
A letter was received from Jack C. Miller for the Flood
Control Committee of the Central Palo Alto Residents' Association
urging the Council to go on record as favoring the passage of the
bonds.
The City Manager reported that he has attended every flood
control hearing held by the County and has urged that they move as
fast as possible in attempting to solve the problem in the Northwest
Zone.
A report was submitted by Committee No. 3 recommending
that the Council endorse the proposed flood control program for the
Northwest Zone and suggest to the County the employment of flood con=
trol engineers of competence and note to review and 3ive general tip
proval to the overall project.
A motion was made by Byxbee, seconded by Mitchell, that
the Council endorse the flood control program and bonds.
Councilman Bishop, Chairman of Committee No. 3, advised
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that the committee had discussed the matter at length and agreed to
recommend that the Council endorse the program with the proviso: that
:the County employ a competent engineer to review the plans and give
general approval to the project. The City Manager pointed out that
in this instance, with the approval of the Council, the County au-
thorized Palo Alto to. handle the engineering; that,the City'of. Palo
'Alto has acted as the agent for the County in the engineering work,
with the exception of the plans for San Francisquito Creek.
Mrs. Corcoran called- attention to the policy of the 'Board
of Supervisors that only residents of the County are employed, and
that in the preparation.of plans for the flood control project, en-
gineers of varied:experience were employed, none of whom had had
much experience in flood control; that she thought the least Palo
Alto can do is to try to get a competent engineer to review the
project.
After discussion, the motion to endorse the program and
the bonds was carried by unanimous vote on roll call. •
It was then moved by Mrs. Corcoran, seconded by Drysdale,
'that the Council suggest to the County that a flood control engineer
of competence and note be employed to review and give general approv
'al to the overall project. The motion was lost by a voice vote.
State Planning Funds
The:City Manager reported that there are unused State f
in the amount of $201.03 available to Palo Alto for plan prepara-
tion this amount being -the balance allotted to Palo Alto under Chap!-
ter 47, Statutes of 1944. He recommended that an application be
filed requesting the allotment of $201.03 to pay a portion of the
cost of preparing plans for Project No. 56-3, Storm Drainage:Protec-
tion.
Resolution No. 2779, authorizing the filing of applica-
tion, was introduced, and on motion of Rodgers and Mitchell, was a-
dopted by unanimous vote•on roll call.
Stop Signs,`Hanover at Page Mill
The City Manager reported that the Chief' of Police has re-
quested the adoption of an emergency ordinance to stop traffic on
Hanover Streit at its intersection with Page Mill Road, because sev-
eral accidents have occurred at this intersection since Hanover
Street was extended through the area.
Ordinance No. 17'12, establishing arterial stop signs or
Hanover Street at:its intersection with Page Mill Road, was intro-
duced, and on motion, duly seconded, was adopted as an emergency or-
dinance by unanimous vote on roll call.
Amendment to Contract for Street Resurfacing,
The City Manager recommended the approval of an amendment
to the contract with Sondgroth Bros.., for street resurfacing," to pro-
vide for additional work on the same terms as the contract of July
16, 1956.
On motion of Byxbee and Drysdale, and by unanimous Tote on
roll call, the amendment to the 'contract was approved and the Mayor
was authorized to sign same on behalf of the City.
Bids on Soil Removal, Flood Basin
A report was made by the City Manager on the bids.received
on September 21, 1956, for the removal of soil from the flood basin,
to be plIced on the fourteenth fairway and on seven tees at the golf
course, with the recommendation that the bid of Bahr & Ledoyen in
the amount of $6,500.00 be accepted.
On motion of Byxbee and Bishop, the bid of Bahr & Ledoyen
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was accepted as recommended, and the Mayor was authorized to sign
the contract for this work. The motion was passed by unanimous vote'
on roll call.
Sales Tax
The Council was informed that the Board of Supervisors
took action today Which will make the county -wide uniform sales tax
effective on October 1, 1956.: The City Attorney advised that it win,
be.necessary for the Council.to enter into a contract with Santa
Clara County for the payment by the County of the cost of collection
of the sales tax estimated to be 1.7% of the total collections. It
was previously_ agreed by the cities and the County that the County
will reimburse the cities in the amount of 1.7% for the cost of col=
lection by the State Board of Equalization.
It was moved, seconded and carried by roll call vote that
this Mayor be authorized to execute this contrac-t-in behalf of the
Ci';.y. The vote on.roll:eall was 12 Ayes, Mrs. Corcoran not voting
on the motion and Ruppenthal voting No.
Lease of New Hospital Site
A report was received from Committees No. 3 and No. k rec-
ommending approval of the lease between the City and Stanford Univer-
sity covering the site of the new Hospital (22.292 acres), with the
understanding that prior. to this Council meeting the City Attorney
would discuss certain points with the attorneys and representatives
of Stanford University and report to the Council.
The'Mayor explained that.the main points on which ques-
tions were raised in committee involved Paragraph 6 concerning the
obligation to restore any buildings or improvements which might be
damaged or destroyed by fire or other causes, and Paragraph 21 re-
garding the Lessor's right to terminate the lease if the City failed,
to operate the premises .tor hospital purposes fora period of 180
days or more.
The Mayor reported that he and Councilman Navis and Alf
Brandin, Business Manager of Stanford, met to discuss the matter and
had:drafted some proposed modifications to these paragraphs in the
lease which they felt would clarify the matter and answer the ques-
tions which had been raised.
(Councilman Navis came at 8:30 P.M. during
the discussion on this item and was present
for the rest of the meeting.)
The Mayor read the proposed changes in Paragraphs 6 and:21
of the proposed lease-, pointing out that the suggested modifications
would have to be drawn in legal form if acceptable to the Council.
Councilman; Rodgers suggested that consideration also be
given to a modification of Paragraph 15 concerning the Lesson's
right to terminate the lease fora default.
It was suggested that the proposed revisions be referred
to Committees No. 3 and 4 for further consideration.
A motion was made by Simpson,, seconded by Navis, that the
lease be approved with the modifications proposed at this meeting.
Councilman Ruppenthal asked the City Attorney if in, his
opinion the lease now before the Council protects the City's inter-
ests fully and adequately for the 99 -year period of the lease. The
City Attorney replied that he:was satisfied with the lease as previ-
ously drawn; that he is not familiar with the proposed changes read
by Mayor Porter at this meeting.
The City Manager advised that it is not urgent that the
lease be approved by the Council immediately; that it has not yet
been approved by the Board of Trustees of the University and it may
be another month before they consider it.
Councilman Simpson stated he would withdraw his motion if
the Council wishes more study. The Mayor asked if this type of ap-
proach is agreeable to the Council. It was moved by Ruppenthai,
- seconded by Drysdale, and carried that it be the sense of the Coun-
cil that the philosophy which has been drawn up is generally agree-
able to the Council.
The matter of the lease and modifications to some of its
provisions was referred to Committees No. 3 and No. 4 for further
consideration.
Prohibiting Parking on Portion Middlefield Road
A report was received from Committee No.2 recommending
that parking on both sides of Middlefield Road from San Francisquith
Creek to Channing Avenue be prohibited during the,houra from 7:00
A.M. to 10:00 A.M. and from 4:00 P.M. to 7:00 P.M. except on Sun-
days and holidays. On motion of Cummings and Byxbee, a proposed or.-
dinance to this effect was accepted for first reading.
Amendment to Zoning Ordinance (P -F District)
A report was received from the Planning Commission recom-
mending that a new zonedistrict to be known as Public Facilities
(P -F) District be added to the Zoning Ordinance, for governmental,
public utility, and educational uses. Based on the adoption of the
P -F Regulations, the Commission also recommended approval of cer-
tain other changes in the Zoning Ordinance.
A proposed ordinance establishing the Public Facilities
•(P -F) District and providing other changes in the Zoning Ordinance
was accepted for first reading.
Amendment to Zoning Ordinance (Article21)
A report. was received from the Plarning Commission recom-
mending an amendment to Section 21.02 (5) and (6) of Article 21.of
the .Zoning Ordinance, "Special Parking District Regulations" as it
pertains to buildings having a floor area of less than 1500 square
feet.
A proposed ordinance amending Article 21 of the Zoning
Ordinance was accepted for first reading.
Lot Division
A report was received from the Planning Commission recom-1
mending approval of the application of Dale G. Stuart to divide a
portion of Lot 1, Block D, University Pad °k, on the easterly corner
of Addison Avenue and Emerson Street. It was recommended by the
Commission that the future corner parcel be 55 x 75 feet and the re
maining parcel be 50 x 75 feet.
0n motion of Rodgers and Byxbee, the lot division was ap-
proved as recommended by the Planning Commission.
Abandonment of Park Site in St. Francis Terrace
The City Attorney advised that it is necessary to have a
re -hearing in connection with the abandonment of the park site in
St. Francis. Terrace because of a defect in the original proceed-
ings. He explained that the required_ thirty days did not elapse
between the adoption of the resolution of intention and the hear-
ing.
Resolution No. 2780 of Intention to abandon a park site
in Tract No. 282, St. Francis Terrace, was:. introduced, and on mo-
tion of. Cummings and Mitchell, was adopted by unanimous vote on
roll call. This resolution sets November 13, 1956, at 7:30 P.M. as
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time for hearing.
' Cancellation of• Taxes
Resolution' No. -278I cancelling taxes on property acquired
by the City for public use was introduced, and on motion of Mitchell`
and Byxbee, was adopted`on'roll call with 14 Ayes. Simpson was ab-
sent during the roll call. -
Amendment to - Fire Prevention Code
Ordinance No.. 1713, amending Sec; 17.701 of Codified Ordi-
nance No. 5 regulating installation of liquefied petroleum gas tanks
for'emergency standby supply for industrial operations, was given
second reading, and on motion of Byxbee and Navis, was adopted,on
roll call with ik Ayes, Mrs. Corcoran not voting on the motion.
Traffic Code
Ordinance.No. 171k amending Article 19 of Codified 0rdi
nanee No. 5, the;Traffic Code, was given second reading, and on mo-
tionrof Byxbee and Simpson; was adopted by unanimous vote on roll
call..
Claims for Damages
A report was.received from the City Attorney on claim
filed by Helen Thomas it the sum of $50,000.00 for injuries received..
while a patient at the Palo Alto Hospital, -advising that in his opin-
ion there is no liability on the part of the City and recommending
that the claim be denied..
The City Attorney also reported on claim filed by the: Cali-
fornia State Automobile Association on behalf of Charles W. Steele
in.the sum of $102.05,for damage done to Mr. Steele's'car by. a fall-
ing limb, advising that there ia'no liability on the'part of the
City and recommending that the claim be denied.
On motion'of Mitchell and Byxbee,' the reports of the City
Attorney were accepted and the claims denied
Sales Tax Revenue
Councilman Byxbee suggested that the Council refer_.to a
committee for study the question 'of .disposition of revenue to be re-
ceived from the sales tax. The Mayor reported that the staff is
making an analysis of proposals and suggestions which have been made
for the use of sales tax revenue and when this is completed the mat-
ter will be considered by committee.
Plann•in._ Commission
Councilman Byxbee called attention to a -letter sent to
each council member by the members of the Planning Commission con-
cerning problems of Council -Planning Commission relations and proce-
dures, and asked if the Council should have a meeting with the Plan-
ning Commission to resolve the problems and misunderstandings. The
Mayor advised that he 1s planning a get-together with the Commission
soon.
Tree Removal
Councilman Marshall brought up a request from a blind
school for removal of palm trees in front of the school. The City
Manager stated that he would look into the matter; that it is prob-
able the removal of these trees will be included in the project now
in progress for the removal of, certain undesirable street trees.;
There being no further business to come before the Coun-
cil, the meeting was declared adjourned at 9:0( .M
ATTEST: G(/ L ..�,' ,, APPROVED,
or