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HomeMy WebLinkAbout05121958The Council of .the City of Palo. Alto met in regular session on this date at 7:30 P.M. with )Mayor Porter presiding. Roll call as ,follows Present: Bishop, Byxbee, Corcoran, Cresap, Davie, Evans, Giffin, ,1 rshall„:Mitchell, Nevis, Porter, Rodgers, Ruppentha.l, Stephens, Woodward. Absent None The minutes of the meeting of April 28, 1958, were ap- proved as distributed. Project 57-11, Fabian Wax, et al A report was made on the bids received at 4:00 P.M. on thie date for the e1e of bonds in the amount of $421,203.30 to be issued for the unpaid nssesomente on Project 57-11, Fabian Way, et al,- Re foll'aws Bidder First California'Coapany. J. B. Hanauer & Co. Stone 4 Youngberg Grande & Co., Inc. Boettcher and Company Net Interest Cost 3.77816 2% 3.806 % 3.9867 % 3.837 % Resolution No. 2988; determining unpaid assessments and providing for issuance of bonds, Project 57-11, was introduced, and on motion of Rodgera_'and Navis,was adoptedby unanimous vote on roll call.; Resolution. No. 2989, awarding the. sale of ;bonds to the best bidder, the First California Company, in accordance with their bid, was -introduced, and on _:motion of Navis and Rodgers, was adopted by unanimous vote on roll call. Project ' 5 j-5,: Ca llifoEDA Avi�nue Off -Street Parkin""i5fatr3ct- This was the time and `place set for a public hearing on proposed changes; and:'wodifica;tions to:Project No. 55-5 for the acquisition of additiona"1.'p*rcele -for off-street parking purposes. A notice of this hearing; has been: published as required by law. A written protest, was received from George A. Baron, Jr. and Katherine C. Baron, objecting to`the:acquisition of any property in the block bounded by.Californie Avenue, Sherman Avenue, Park, Boulevard and Birch Street -.for ott-etrIe.t parking. A written protest, -was also "filed by Joseph D. Taylor, attorney for Edward N. Tingelatad, Julia Tinge;lsted, Carrie B. Muller, and.: -Frank :Q. and ?1i ry D.: Avila.:': Mr. Taylor addressed the'Council, protesting' -the taking, of. his:clienta! properties on the grounds that there is no need. for more -off-street parking at this time. He asked, that the Council reconsider the proceedings and abandon the intention to'acquire the parcels on which homesare located WI1IIaae 8. Love:, attorney for Charles Pyburn, addressed the Council in 'protest to ;the; taking .of Mr.::Byburn' s; 'property, stating that Mr.:Pyburn operates his businesa'there .and would like to remain:in that location. W..P. Klay, Vice President of the'California Avenue Area Development ,Ass'ociation stated that the majority of .property owners in the'area are in- favor of the acquisition of additiona.l:parking- lote . , Bond Resolution e opted Intro- fox x e I , ° yxb a rid }# v o. 2994, provI and Bishop, Pa jea� 52 � the acre � $c Second Division �Ree°xu�#, adopted b , �e�r # nee a,� F ; ,���p� �� #e#� of' ri No. J" �� �#a ed'� $450,000.420, was erk# � sea vot eza� 1 ri Off -Street Perkin P wee ggd t h# , ed oa e or unan#fit votrod e end on T, 2lon 0 bidatom t � � roll call. QPth` ��o� of he l�r °F the l c $ for #e�� aaq�#;�; ;�d Avenge G Bishop, Pro #n .Rea sad nae 2996 of bcnde` �� r?d#n$ Rees fir? P„ro oaf pe y 4 t K kIldp.-fi 1 � � er�d� � p ale 4►o ��X` • � �'ex4p 3t tvae#ete at. t t 8xxent � on Resolution e #r ` e the' Rla oz• d a hea f p.1:011.9, #ah No,: tut. Aropert - Officer that ; no tbe �e t 98 at . p ee ' #r y;� v explained' �cpxe# err# tten n ptabxde 8 ti `` ter end the f_teen t� "1ng c $ r, n, the Matter"- ��e 1 Allay eaxats �t�r_ ,received. 3aa#e. ',Gilbert' �xaa$ � � Aron + representing. � ,o,the ©t' COn •-ti P ' -stating, tdng th. feeling to a #ope n excesthat their Consumers' "t#cr paut eb nt district of`t It Avenue �a Jo�`� ga�'Tor ,$ . #a the assessment �et � n#�erb ��y� �e unfair 'based' 'Cooperative edd# t2 0 �y o 'spoke, ` $ #n. briefly,' district. . Aare#� the at, �°D�ert erj Aerk2 they : 3"ownersy, challenging e ent e I n8 x or, ` "ksne , d # t Ass ae be '1ct Zan 's 'statement and. �.�,� �� �p3;e C � � rn � to #txon #� .an arrde det,o' * O #an ;., epeek. a . of Mitchell er. D at k #r x n#h, the matter,* a hearing ep°nd` #a# �s d•plac�`$a a °�` h ve ' r end 1on-titotj. 1e4 ietan Flo` h� d $d of ee$eZ:t Agee;: �v� �' � � a � ,z�w��� unanimous'. ,Vote ;�� n, ;� on, riot'...ot� � de , nt far;the # :cell. of s upPl entAelxc�td, ng on.: the. ; adapted� ae #. of ° hie do edp e v :S`n� oe' t�¢tx, +�n #d e; t on « pied cn..n#, ne x nd on -motion ' bide to , . p Ca # �r th :cat .. '� ae I i. A_e�� I b `A� � homes Corcoran A'�'e�'", �ye�,� eh�A; _ du P '�e� e # pox to nat f re #qattkitor hte eere 2 x .. el - be - d ' "{Qo Aitrk b t t #rig . °pmeht . $ de t ac line 1�r �+e �' �;� eras � o� � -delayed' acquisition "1 $Q de�C will theproperty.,un 1 „there # #An o t occupy h, the or on .. a e •- 2e b probably .' ! T i.City a t" to , the' p �: ,�, �tx he 'started##�;; .�, nay be pa#nt#h en; enh ► itr' aril x: ed ea80012ohe wners s M neede4 , 1Z t on # h Ser, the In�era � Slant �+,r�� ��u#red tie h �`� �� bb a� v � � �trde gon '''t8. �hM$e ,;tkw` t# r •:12 Seer 1 K rk ng x,ow #t 4 no ° xan r her rden me►n �< 'who wished .hear o $pe,�.k� ar�ga de�l 8 h 'w Re • g :f30 , of In Block p,„ .Trect a on ="all c$ ° a:e9ap, Sterling the abandonment' a present duped,vote nd and wee No. of. 3# o « par j . Free adopted was portion on .� °t x�57ozat#o>� � Avenue ; by uaen#, eo°deride ec3 to-P-14-,the ee d n` t ,� be $bend.Ley e hearing There' '°#» ed,l UnlvirSit Off-Street r` Per Bonds' • •Series A= ; Becend ;AiV,ision, ; mass introduced and on 'notion of Mitche31, ;ate Bi hop vrs ae + ted bT. unsnimaus vote- on roll eall. Resolution,:ifo. 2997, calling for: bids for the sale Of bonds, Second ,Division,, „i J;e�et X52-] ,, in the amount- of $28O OOO.O was introduced, :;and .on. eaot$oo • of ;Mitchell and Bishop, was adopted by unaniwo vot4 ;ail Flood Control -,Sian Frnciaguito `Greek A letter *av:;received. from, the San Franc1squi�to Flood Association:' urging -tom C`vuncii to go, :on. record- as -favoring the proposed dam on: the headw•aters of San Francisquito` Creek. A; .coa®uni"catiosa we; e al$,a: received ,from Congressman` Charles 3 _Gu erg aonoerniz g;'- prelisinary plans presented •Eby the U. S. Army ,;Corps of `_. ` ,tor proposed dam on - San Prencisquitoi Creek, and; pertaining KAOPr9aee nts.,along :the .Creek . to' be :peer- forueed by the County Flood Control Dletrict, with the recotendation that the Coufnni1 rsaent 'a d.f to plan: regarding she. contewp1ated i provements to` bs ,<6sde' b7• tee Plaod . Control, :District to Colonel :Harnett, the Dietrich• •Eargtneer, "eo` tbat:.he may proceed to evaluate the feasibility of the Federal portion` of the project. The C ,ty .'Reneger remslrked` ;that C,oi. :Harnett advised at the; recent: hearing: 'when plans; for the proposed •dati were submitted that negottiations- for the ,project Mould, be ea�rried on ::between the Corps of Engineers and the teo,, Counties .,The .Mayor steted. that,, i.t should be made cleax',thit the City of Palo'.Alto favors k�e construction of the: dal but also feels that :it is is portant; that -the. laraediate improvements. as contemplated -by the FloodControl;.Dietriot ' one San' Pranciequito ::Creek, should pro- ceed ,as rapidly: as poseible. Txie; City. Manager .reported that the engineers .for the. Plood ;Control: ,District ;are doing the surveying and; staking for the iasproveaentss;:to •the',Creek; that the surveying of. the area . easterly of the :Bayehore.:Highway should be completed in one; more •week',and then they. will be working on the section between Bey - shore Highway and,Mewell.Roed. It was' moved, by Bygbe°,.. seconded by Rodgers, and . carried that: the Santa: Clara County :Flood., Control District be requested. to furnish the Council with: ,a -'brief :.onthly progress report on any flood control work being done;in this area. On motion -of Mitchell: and Cresap, the Mayor was authorized', to respond to the. letters ,rsaeived from the San Francissquito Flood Association and from Congressman Gubser, and to notify the Corps of ; Engineers that the City tavors the oonetruction of the proposed dam as the long-terie "solution to the flood' problem.: Cancellation of Taxes(Flood Control Property) A :letter: was received ::from the Santa Clara County 'Flood Control and Water Conservation•District requesting cancellation of taxes: on the Jacobs property ' on• Dry Creek acquired for flood control Purposes. On notice :of- Byabee":,and:Bishop, it was directed that the takes .on this :property :be` asncel3ed.'. Petition for Sewer Assessment District petition was received from.:Carl A. Holvick, A. R. Sanchez, H. 'J. Canine and ..Merle W. Sperry 'requesting the City to proceed with the .forestion� -of an` asspsseaesnt,,diptriet .and, the installation of a ' sanitary Sewer systen in'.tH area; .northeasterly of .the Bayahore Highway, 'bounded by::Hayehore Highway,; San Franciaquito Creek, Eebarcadero Road ,and C1ty of Pal ;•,Alto lands . The .City 1aneger caked •that the matter be referred to his office_ ass at involves.. engins*rixag ` and planning for the area in •�n;+r �cx��n rtia..:y-,�, 'rt+atr:n��,,,a7.'S'SWri�+ 29:5 question ,which `iraa uaxuie:zed :to the City .lest year. The: petition wary referred ;to :the .Ci' r .E a'ger ,and..ataff for 'consideration and report br�o'k a, tike Co c'1 at ';a later data. County Bond measures .A cowunic_ ati_on wrs reoe1ved from the Citizens Committee County bend ■seasurs for County Pro ,greas, rOuesting the. Cousacil to endorse whet' seven � . s which; are ' to be voted on at the June 3rd election,;;' and .furt r .tiskinupermission to hang signs .on atop lights at ten'interseatione 'Palo Alto. Itra.s pointed out that the hanging of such signs on traffic:'lights ie:contrary:,to.the city ordinances and cannot be permitted: :.0n 'motion of Mitchell: and. Bishop, the Council passed a resolution endorsing the sevenCounty bond measures. Request for' AbandoraaeJ t of Easement RC alnuz c1ardens, nit Nn. A'.. letter was received from. A. J. Cathcart, attorney for Joseph V. 1+brtin and Dorothy R martin:, owners of Lot 59, Tract 1023 Walnut Qardiener ::Dna 2, .at. 3996 -;Second Street, requesting the abandonment of -a:: public .utilitjea; 'easement across the northwesterly ten' feet `of said lot . :Thie ;:aattor was :referred to ache City Engineer and City Attorney for ixivicetigation 'and report. Bide -an' Landscaping Iaproveteents, Main Library Site, Proj. 57-7 A report' wee .madeby the City ?Tanager on bids received •for.landicapintrimpro,vemeitte ,at the Alain Library site:which .sere, received on•; yy 9,, `195 ,,`'_ with the information that only: one _bid mas received `for the•work,: from; Gravelle and M Connell,.,,wr2ich compares favorably with`-tote,eeitimate :of. the'. architect. it was the recomsend- ation 'Of the. City Manager:, ;tha't' the `.bid of $30;303.00 for, Unit Nos. 1 and.`2 :-be= accepted;; and , t1 t..:Gnit No,: . 3 be rejected He advised' that this::titre,,,; into, the' bu :get allocated:` for >thelandscaping work. A etotion was made by Cresap: that the : bid on Unit Nos. 1 ' and 2be accepted, • - - - - . - During the enautng.diecuesion, a, question was raised •ae •to what portion of <. the bid . covered the r ost , of a founta;An, and atrention xae :cttl.Yed Wtiee-_:,;previoua objection -by the Garden Club to .having a foataini irioluded in the landscaping:: plan. The City , *eager reports i thatt the bidder stated it would 'be extremely - dif- ficult. to'eubett a'separate. bid on the. •fountain, although it had been :'upderstaod" that pin: alternate; ::bid` would be received however he ;eatiaated,: the •:••fountain eight cost -`about *9;000.00. Several Council :members- were of ,the opinion ` that the plans and bide ,ehould; have . further. etudy, and on motion of Byxbee -and :Rodgers', action;. on -.the bids`:was deferred- to the next Council meeting 'and the entter' was: referred to Committee NYo. 2, with `the suggestion. that -the :Garden Club be' notified of the meeting. Transfer` :of .Fonda, : Grade Separation Project ?Upon :rec:ommendation of the City Manager., it eta .moved by Rtppentha 1, seoonc a by Bishop and carried by unanimous vote on roll wall., t, tha a a ster_ o? $100,000::be authorized from the Unapp priated' 1Reesarve 0f the,,`Genera Fund to Account 1321, the Grade ;Separation Proleet da A_ p ]'�oation for Fon to Re air S'torui Tama e Resolution No. 2998 :authorizing the City Manager to execute an appll.cation .under Pubilo Lama 75 was introduced, and on , notion of Navie and ,By�ebee was adopted by unanimous vote on roll ca 1. 1 326 >Resol►tion No. 2999. seeking an application: to tine State ..of, California for%.`Pederal assistant ind+er'.,Public Law ;875. to repair .: storm; damage;• and- designating;; the; City; Manager' as the City's duly authorized repreeentative:in-all Matters arising under the applica tion,`,was_ introduces ,, and on lotion of Nevis -and Byxbee, was adopted'. ;by 0n ni.ous vote on roll• call s, :Hospital •:Rates: and Budget. Action- on:a revised rater •.schedule 'ahe` Palo Alto Hospital; and recoma?endatioms on the.eatter,from .Committee No. 4 had been continued to this, date it the; lest. s.eting. At this time the Council received copies of the proposed. budget for the Palo Alto .,Hospital. for -the fiscal, year 1958-1959 as submitted` by the' .Board: -tit. Directors: of the Palo -Alto -Stanford Hospital -Center. On motion of M tchell and Byxbee, action on the rates and budget was deferred Ito b next meeting and these matters were referred •to• C:o nittee Application 'for Zone.C'hange :(Grebmeier) _This' matter had been• continued from -previous meetings .at .tierequest..Of; the applicent':s- attorney, :Mr. William S. Love. The Planning Commission had subeitted a ';report Some, time ago unanimously recommending denial `of the application, of the Grebmeier Manufacturing Company for the rezoning ;of their :property on the southwesterly side:. of -Middlefield. Road near Saan Antonio Road froae R -1:B-7; and R-1:B-8:Ai, to R-5. A • Metter was received. frow• Nr. Love asking that the-, 'natter', be referred back to the• Planning' Commission for- a hearing some time in July,'stating: that: because of .resent developments in the : area: the applicant. feels that: it is•• appropriate that the Planning Commission be -given-,an opportunity:'_to reconsider, the application. -Mr. ,Edward A. Arbuckle.; :dice Chilirman of the Planning Coa ssion,:. advisaed :that tae .=Comeiss:ion • had . considered the matter• thoroughly; =and•; was unanimous- in the•:t:eeling that the p:.-operty; 8houlcl reasain:zoted :R-1; that he' thinks` the Commission; would still have "the: same opinion. .Mr. Love addressed .:the ` Council in support of his request that the matter` be referred back to the . Planning Commission. After - some-: discussion, it -was moved by Mitchell;- ,seconded end .carried that . action : on :this matter : be � deferred=: by the Council j:/,;. - until: its " regular "meeting:., of -August ' 11, 1958. Application for Zone 'Chat:e il9itchel.l ) A report was: received from the Planning Colmiesion recom- mending that. the :application of-' Thomas and Mary Mitchell for the rezoning of their : property at ; 2k5':San" `Antonio Road from' R -1:B-8: A . to R-5 be denied on.`thel:baais-;that;the proposal is in basic conflict' with the low density' resideentiel• development: required by the General Plan. The application was reviewed by the Planning Officer. Mr. Prank Crist, attorney for the applicant, spoke in support of the - application. After discuseiom,-St was roved by Byxbee; seconded by Crsaap, and carried 41heit the recommendation of the Planning Cos - mission for denial* of the application be upheld. OdIraitt '1 W P -C :DeveIo vsnt: Plan,. Westerly Corner Middlefield' and an Antonio =Roads rspoMt was submitted: by the Planning Co .csion unani- wously recommending that. the "P C development; plans: as presented by Stephen i .., .Koore for tbe` Sweseney : property on the westerly corner of Middlefield and San, 'Autonie Roads be approved, with :the . deveiopment schedule.? to, be` ae rolal0 r, u Construction. to begin on , Lots 1 through { b not 'later' than June 15, 1958, with completion, by.: November 1,,1958; conatructioo.-on; Lot 7 to begin -by October .1, 1958=,.. with completion by April 1 1:959, It was furtherrecommended,by.the Planning Cem fission-: that`, the:;,.private driveway connecting the. proposed street. and . Middlefield:Road be -landscaped ;and fenced= as: shown=on the plans and : ,thatat such .tip s a0 .;the proposed street is developed to connect 1 with Mddle$io` :d _ ;Roa4:,.;,;the:;: driveway is to be closed on the Middle- field Road' `<frontage and'appropriately landscaped. The prnpoeed plans were presented and reviewed by the Planning Officer.. Resolution 'No.:'3000' approving this P -C Development Plan in accordance with the rss3ommendatione;of the Planning Commission was introduced, and on Motion of Mitchell and Bishop, was adopted on roll call, with 14' Ayea, Evans not voting on the motion. Variance Appeal (Carey) A report; was received from the Planning CoMmission;unani- mously recommending that the decision of the Zoning Administrator :in denying the or gina l ; variance : application of O. E. and Katherine Carey for the property on the;,, southerly corner of Middlefield Road a»d Colorado Aventae be upheld, but that the. Council grant an alternal- tive variance,: as worked' out: by the applicant and the Zoning Admini- strator, . aliowing an 18 -toot - rear yard setback where a 20 -foot setback Is otherwise required. The. Commission further recommended that . the following condition*`. be madea part of the approval of this variance; . That the,: applicant- be required to create a new driveway on:, Middlefield: Road 'replace the old driveway with a curb, and 'provide additional .parking spaces as shown on the plot plan. Bumper guards, curbs, or their equivalent, are to be installed as needed to :control and facilitate parking and traffic circulation as indicated on the plot plan. On motion of Bishop and Byxbee, the original variance was denied and the alternative variance with the conditions as recom- mended by the Planning Commission was approved. Final MaE of Tract No. 2075 A report was received from the Planning Commission unani- movsay :recommending "'approval of the final . aa.p of Tract No. 20750 portion, of Lot 119, Wooster Subdivision, subject to granting eaee- eents as shown in red on the lop and to the designation of the new street as "Sevyson Place". It was reported by the Planning Officer that the final map is substantially` the same as the tentative map previously approved. Resolution No. 3001'approving the final map'of Tract No. 2075 as recommended' was introduced, and on motion of Bishop and Cresap, was` -adopted by unaniaous vote on roll call. Design Control A report was Submitted by.the Planning Commission,unani aously recOmmendirigapproval110f the design plans as submitted by.thei Union oil.Coupany fore .aservice station on the easterly corner of Alma Street and'San Antonio: Road. .0n emotion. of. Cresap,ind fitchell, the recommendation was nd'thewplans"approved. Tax Refunds A recommendation was received from the Controller for the refund of the following tax payments: Tax Bill No. 72034Ris'obort L and Mary E. Scott.dupldcate paymentof second lnstallwnt......: $ 18.96 Tart Bill. No. 2834.,--.7:. J. Baiter, duplicate "payment of'a.eond installment 15.41 Tax Bill No.- 944,-; Pacific Lumber Company, duplicate 'payment of second inst 35.96 Tax Bills No. <'307 and 3 -- City took title on 1/10/58 and Beoond install sent should have been cancelled On" motion of Mitchell and Rodgers, these tax refunds were authorized by unanimous vote on roll call. Monthly. Reports 108.17 :T , monthly report ,of the Controller for April., 1958, was received and 'filed. The monthly report of the Planning Officer on action taken in April on; applications': for lot divisions, and ; the itionthly report of the Zoning Administrator on action taken in April on applications for variances and use permits,were received and placed on file. (At:thin time, 8155 P.;M., the Council took a recess while it met. ,as: a ;.Committee of the Whole, and reconvened in regular session at 9:10 P.M.) Appointaent o1 City-Attornev The Mayor` submitted the recommendation of the Committee of the' -Whole that "Mr. John R. Nisocke,, deputy city 3attorney af`` Long Beach," be- appointed: City Attorney of PalmAlto, effective June 1,. `1958, -et: a salary of -4;14,000 per year. On motion of Mitchell and.: Bishop, the appointment WI motion of Rodgers and Cresap, the Council adjourned at