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HomeMy WebLinkAbout02241959;. City Hall, Palo Alto, Calilormta February 24, 1959 The, 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, Evans, Giffin, Marshall, Nevis, Porter, Rodgers, Ruppenthal,-Wood- ward. Stephens. The minutes'of thexneet approved as distributed. ng of February 9, 1959, were Demolition of Building (Parker, 983 Arna.rillo Avenue) This was`the time set for hearing on, the order of the Building Inspector for:: demolition of the building at 983 Amarillo Avenue owned by Mr..'"Erna Clarissa Parker. Neither, Mrs. Parker nor a representative appeared as a witness. ' The: City Attorney, advisedthat all steps ir, the procedure, including the'znai'l ng.of notices to r the owner and the posting of notices on the property, had been complied with, The Building inspector,: 1. Stewart Botterna, was sworn as a"witness Hi read a statement concerning the condition of the building -and prernises-at 983 Amarillo Avenue, and :recorrlmended that favorable action; be• taken to bring about complete dernolitio, cif the building and .a general cleanup of the entire .property. (The written statement of Building Inspector'is on file in the City Clerk! off:iee ;) Pictures of: the buildrng:were shown to council members. Resolution: No. - 3075, .declaring the building at 983 .A r rilro Avenue to be.a"eeiisanc:e::and.:directing the owner to abate sortie, was introduced, and on motion of 'Byxbee„ du.ly seconded, was adopted by. Vote on roll call, w•ith:,11 A.yea, 16E4, Corcoran not voting on the motion. Gifts from"Palo Alto Communit, Pla. ens A letter was received from the Palo Alto Community, Players,, Inc. presenting to the City gifts of a drinking faucet and a mosaic plaque from the -Cornelia Burdick Memorial Fund Corrg.rnittee;,,- which have been accepted by the :Comrnunity Players and installed in : . the rear corridor, of the Cox arnunity Theatre. On ,notion of Navis and. Byxbee, these gifts were accepted; by the Council and:it was directed that a letter of thanks be sent. Re nests` of Cit -School 'Tra:Efic Safety Committee A Metter was received from Henry M. Guns.. Chaiernan of the City -School Traffic Safety Committee, asking the Council to, consider the "installation: of north -'south arterial steps o:1 Waverley Street at Addison Avenue and traffic signals at Middlefield Road and , 10:CAPM • Addison Avenue, sat the sarcie, tisne.thst Addison Avenue is established :as: a .one street. On:motion of Woodwar d; and Navis r this ` was L r C Yos onamittee No. 1 to' consider in _connection with the city r��aorr . ;arden Terrace 1-A. and Monroe Park Annexations t. was reported that„the boundaries of the Garden :"terrace; Anneicatipn :had been redraw to -include one: additional lot,, been, and that the revised map desagruat anxs don.Terrace 1-A" had .Reports were presented from o :the Colaty''Bmundary G of the the ,Bo mdary Commission on :the definiteness and :certainty ,'oc>undar es Of tho-proposed •Gard aerations 1Terrace - �.A ` d the Monrcto the ie Park annexations. These proposed a Flax ningCoznmissaon for a. report. Fpothiils Annexatiosi 13a: `;3 'A petition was received frorxi seven property owner requesting favorable consideration to the an o aton.td of aA n designated gated' are6.- of approximately 1,4;31 acres. -to the'City of "Foothills No. '3". and asking, th it the Council instruct the presented to . o. re are the';neceasary map and legal docuxrients to be ',prepare � of the proposed' annexation area the:Bov:ndary,`Coaxaxnissian �`:: �' A map was. presented: The City Manager suggested that the staff be instructed to pTepare the necessary papers and that the Council refer the matter o comrnittee if,it`is interested in'the proposed annexation, pointing. out that additional'laud c,an be taken into the program if the Council' cards to round out the boundaries. On motion of Byxbee and Rodgers., the staff was instructed to prepare the :necessary papers and descriptions for reference to the .Boundary Cornission, and the proposed annexation was referred to Committee ;No. 1' for consideration. Aria. ...=..ations o Mountain View .Notices were received from the Boundary omisted n of proposed. annexations to the City of Mountain View "Crittenden No: 1-A" and''Stierlin No. 12". These notices were filed:' Letter it a Area Air Pollution Control District A letter was received from the Bay Area Air Pollution; Control District :requesting uestin the Council to consider the adoption of. an y he City ordinance similar to an ordinance recently adoptede butt copies of and County of san Francisco. A copy: of this reports and regulations of the Bay Area Aix .Pollution District were submitted. Rodgers" and Navis, this matter was referred 0 Cancellation of ' 'axes. on Sta.te P A. letter `was received frozn the State Division of Highways requesting cancellation,. of taxes ,on Certain :property acquired;' by "the State: from :Alliert`Akerson for freeway, purposes, in the vicinity of Oregon Avenue and the Bayshore`-Freeway. On motion of 8'yxbeeannd Navis, the taxe8 on said property, were cancelled by unanimous vote on: rollcall. Cancellation of .Taxes ;o n Flood Control District Property. A"request was submitted from the Santa Clara County. Flood Control Distract for the cancellation of taxes on the Canine property _on San Fr,ancs9_gnito Creek,. acquired by the District for flood control . purposes. On motion of Navis.axyd Byxbee, the taxes on said property were cancelled by unanimous vote on 1 oil • A letter waa received from the Board of Directors of the Palo Alici-Stanforcl.Hoapital Center co'ecerning the need for .r-prw.a tion.and possible revision of portions of the Operating Agreement and the Cori „Facilities ;Agrternrient. between the City and Stanford University governing the operation of the Palo Alto.,.Star.fo-a Hospital Center. The Board requested that the Council appoint a. , epeestntative to 1r.. ect. with a representative -of the.i)niversity and the Hospital Administration to assist, in the development of recommendations fo• the .pprora'. of • the .$oard and the Owners, and to pawtzcipate in preliminary discuss:: Or. w'th. the :Administration, or operating matters such as the activation budget for .the durrexxt'•fiscal year and the operating budget for 1959-6C. it was .moved by Byxbee, seconded and carried that this letter and request be referred to Corntmirtee No. 4. Councilrn nNavjs a m.embe.r of the Hospital Board:, =:t:iv :. that the Board would appreciate havi:4g a representative appointed u, soon as possible to participate in. discussions on budget and operating matters. The City Ma:raage;. recorrizrended that the C7ty Ivlandger's e;be desigra''edas the -City's r, epr. e a;; sentat ve f this pLrposev tat r' g that he would keep Committee No. 4'ir.fot.med on the matter. This r. ecomi .endation was approved by the Coen CI and :t was :so ordered. Plans' for- Extension o3' Theatre ,k The ,City Manager reported that prelern a.ry p'•ari hav received ,fore; the :extension of the Adult Theatre Workshop, and; recommended that they be referred to Committee No. a for review. It was;,rnoted.by.. ishop, seconded and carried that this matter be ><:eferr.ed to Conirnittee',o, ,2. `' Gar'ba, -eRates and n,ontradt. Amendment The Assistant City Manager subn-ui ed r.r 000sed ,amiendxnent. to `" e 4oritrdct with the Palo 'Alto Sanitation S�-rvic_c, to nclud K new rate sc aedu1e anal: to provide. for• irnproved service by the cortractor.. Abaaicratc;.of $1.35pex month, being an'i.ncrease of 30 cents, was proposed;:and the:,arrendrner't Would further provide' thkt; the contract ar would retie ve $1000.00 per month from the Ci 1y, to he taken :from revenue accruing to the`C.iy,'. after re',er.tion, of the first three monthly a.3 r:ert-s as =an. additional bons• to guarantee F`-' fo,'m -w rice of 5r:.'' vice:. A motion was made by Cresap. seconded by Woodward. that the proposed; `amendments be approved and that the Mayor be authorized to sign the ainendment to the contract. Councilman Rodgers expressed opposition to any increase in rates,, and Councilman Byxbee objected to the amount of increase proposed. A roll, call vote taken on the motion and a resolution authorizing signing: of the amendment to the contract was as follows: Ayes: Bishop, Cresap, " Giffin, Porter, Woodward. Noes:Byxbee, Corcoran, Evans, Marshall, Nevis: Ruppethal. The resolution was declared lost. It wasthen moved by Ruppenthal, seconded by Byxbee, that the basic rate be :increased 20 cents per month and that the whole amount. of the Mcrailer be. given to the cmtractor, and that the other terms of theproposed contract amenchnent remain essentially the. same. During the.discussion, Councilman Ru`pperthal stated it .was" his intention. that this be a sense motion and instruction to the Assistant City Manager to work out the appropriate rate schedule and • amendments to the . contract,:. and submit ,them to the Council before final action is taken. The motion was carried by a voice vote. It was =roved and seconded that the matter be referred back to Committee No.,3, and that the staff report to the committee in accordance with the sense motion just adopted. Rodgers. -The City; Manager, pointed out that the proposal which; was not approved by the Council contained certain conditionswhich the present contractor :was willing to comply with and suggested that the contractor, Mr, Paul Madsen, who was present be asked to comment" and advise as to whether or nothe can carry out the proposed improvements to the service for the 20 -cent increase. have the rates incr.eased,:enough" to enable them to perform the ;kind of -;job they would like to do, ,but that a 20 -cent per month increase in the rate would not provide sufficient funds to hire four additional men and:.purchese new trucks, He stated that they have had to meet increasectcosts in salaries,. and are losing money at the rate of $1300.00 a month. Mr. Madsen told the Council that his firm, had hoped to After more discussion, the matter was referred to Committee No. 3 for further. consideration. Amendment to Palo Alto :Im . A proposed. ordinance amending the Palo Alto Improvement Procedure Code relating to improvement Bonds was accepted for first reading. r c^rement Procedure Code Bids on Parkins hotImro merits A report was made by the City Manager on the bids received on February 20,;:`1959, onimprovements to parking lots in Blocks 11, 1.9 and 20 -W, with the recommendation that the low bid t � t. '� 9 A 4 of $2-0 '$ ti .' , $ • 7 tip- � tracts , � ado t ;:!eso2Q P' rid x � cePted• at�,xs =�4 P'd-b n •;nth , the z 1' u�xanLtxaou von i zix�8 the . d act 'Pa/6 vote b roil j u'" .ta ei tie . 2ta::3�ac A x a-----.. h.. ?ar�� 1' ,4, ":295.„?.,‘ nude b a l�rh.ect •S8 'fax t$ di4tigios. of 3'. the City :::'p, a Maur fat f�xdg n C'z d tlxat only ohs of:: received a'r'a " e r tiire.o,r The and anv,: and tP�t4ne .bid was a20 Alto the °� tG.0 a „City' Operating the unit widen t '-Clarawork to be- ,de C 3 he „ ' i2'a`xia'gex 't aro the dredge, priceec , d Co c . �?xe � ca hid $4(} uxxtY: and' ' -within .t dgiog; Ca . ae t th gee price based -on Qpr' 0, t, the.Ct inof a budgeted' funds u Ps would t t_ , the y S the A'aio .A./to, Which � ��de? ;xv z �a��Tices �Arct, adO - e.d and. 2120tion at u axixa tara4 aw n a zt with t 0 a 'roe 2' . Davis axzd on roll call. - � e°n * t2x4rx. i' Rod$ersA rh l2.4Y-121/42421 .d YngCd.` ngtheMa er,eco nm * nIpagY k'+d.$ :dont to s1?the rydatsr ,was . t xe I7rem"isce�y. at 1103 -"' WotE $P�ctox T'hb City Faxegt property a the inspection' - Avenue tY at Aati�n ad a re r.e ue IIt} h o n arts. 'e`r'.eat by an reportCity -Attorney the de A�. , d Pra perty property,: a 3 the . 3 2d a-tze, •The report .tie Cxty referred submitted by thc:.8ui tx• Yo Ids ' the ��`'ss .,,�s b•F�d 'stated that '�ePaxt� � o" efex�£d to the the Was -aot n d It cleanup efforts Lhe ow P'°�'vio. Building Inspector evidencew s? the pn r„s the ner, to c, .xa a2d autana: enough to constitute nstit to U� zh.� hee"�` a 0 ri up Sax e -where hx2e move felt if` •xsri e , City At but in reasonable it w d to .the rear �rs' Black would action, oxncyy that 'Dreier. noble ca�auldr�oq� be visible o� the �4 o i,,,ouj`` havt, and he :.�x;ri: te, garage her it o i ;' e with ible f�`oxr 'e ' .. directly oulde azn; the as slack c pl i c the recent the /aint a r avi , eier. property. requesting /cing n that eor 'd advised that a letter wou:,�this �ibe s 7.NIce'. .. d auto be c ttcx v Ou'c� avid might X,, wag oved to the rear- Q G0,1 . b@' poi n- ill .2/latter. p�'Z d I t 7�te(1, out that E. x. 4#' r,, hs s xtu t tha dh dCity 'y 6 g t cr d< anti ' of Rezu as `' Bested the staff t• rk:.,r4. Iat�on stenle"ta� look tiorx No. 2 The City �d R b hiflhoi,t:!int,-at,01.,.titi.einOri . ,, Bulating: par Manager presented z Icir, fo :p ` Gilma 8, ta ,. a r`�'sa4uti4 .4'hour Pa. °t "C"n Street ; t provide how a n dnxenda kip i an ate of hour �'8 , ew�,� Loot l r , r r t ar+ Str,a, a `2 (7: , � ' f° U .. , 4<xrz•Street, etr, a•r F P;Crtu,, $ t+ d. e r i'4r .. -, a qtr "'� .rs at �o • 3076: pa � zx2otxa12 of �"� `f' �'f .a c e , t� l dr;ci tigers adopted 's a.hd Aer on'r427 c%l nth"ts .reso2� � ra� , with .zL2oxx • 'ncxat ,X,xrh � �'lax's�,a;A e3®2ution and �s r• xr�e ra urta (3.1.11teat .t' fii 'rat. arri *1, Le -<a.:�".�.anr --= ...,=r�"q-'xa�`'vv-�--- q ua•••1a-. .mxrs ...,.....r„aa :rasMcsrri,� c::".::s�".,...,...sr1. z__:i.t..m_zrsv.. ......i__snr•.rm....,, .sr...,._ Bayshore Highway has made it necessary for the Pacific Gas and Electric Company to relocate a portion of the gas transmission line which is ona right of way across lands of the City of Palo. Alto. He submitted a proposed agreement between the City and the Company by which the Company relinquishes its rightsover the route to be abandoned and' the City grants - a right of way over a new route. . He 'advised that the Santa Clara County Flood Control District has agreed that the grant should be made prior to the grant of channel rights to Santa Clara and San. Mateo counties, A resolution_approving the agreement and authorizing its ;execution by the Mayor was introduced, and on motion of Marshall and ,Byxbee was adopted by unanimous vote on roll call. Zan Francisco Bay Area Water Users Association Reference was made by the City Manager to the Council's action at its last meeting authorizing the City to become a member of the San Francisco Bay Area Water Users Association. He stated that the City Attorney has advised that it would be proper for the Council to approve the Articles of Association of the organization, and that it' is important that the City name its representative to the Association. The City Manager nominated Harold May, Chief Engineer of the Water -Gas -Sewer Division, as the City's representative, and reported that Mr,._May has been elected Presidentof the organization.. :The; City Manager also advised that the annual dues for membership are$50e00:and that the City's assessment as its share of the special 'assessment voted'by the Association for the purpose of hiring an expert,to review .the ,Wehe..report on the.; cost of San Francisco water :is $612.,00, making a total amount of $662:00 to be charged against the appropriate water account. It was moved by Byxbee, seconded and carried by unanimous vote on roll call that- the Articles, of Association of the San Francisco 'Bay Area` Water; :Users Association be approved, that Harold; May be appointed as the=City':., representative': to the Association, and that ,the suzn of $662,00 to cover annual dues and special assessment be charged to Account 2947, this` amount to be transferred froxn the Lunappropriated balance of the Water F'und'to. Account 2947. Project 55-11,. :Middlefield Road et al Modification of _iairarn_and A®easement and rovidinR or :Re and ww, - .rraoos�uiw�te . The Assistant ''City 'Manager reported that it is in order to ;modify. Diagram and Assessment: No. 627 and provide for a refund in `the, amount of $302.,17 to Edgar A. Morgan, in view of the fact that the State :proposes to acquire the=property on which certain improve- erxents'have been,constructed'`under Project No. 55-11, Middlefield Roe d et al. '. Resolution No:. 3077,:,raodifying.Diagram and Assessment No. 627 andgranting refund, was introduced, and on motion of Cresap nand Marshall, was adopted by unanimous vote on roll call. A lication;for- Zone .Cha ige_LCarrel A report was recerved. from the Planning Commission unaiux ously reconunending:denial of the application of Powell C. and Constance .5; Carrel for change of district from R -3:P to C-3 for 'Lots 6: and 7, Block 60 " Seale Addition No. 2, at 2233 Alma Street, ;the northerly'corner of Alma Street and California Avenue 1 motion was made by Nave s,;:.seconded by Byxbee, that the'-recommendati, of the Platining.toralistsion be upheld and the zone change application'be denied'. Mr. Carrel addressed the Council in .support of his appiica` don,. stating-' that' the reasonfor the;'requost is based an personal circurxzstancea and that:, he ha&a buyer interested in purchasing; the property,if, it: is rezoned to'C `3. The "Planning: Officer, asked to conzrxnent ontbe.matter, advased.that the existing R -3.P zoning provides_: several uses and that:the need for rezoning is questionable. The motion to uphold the recommendation of the Planning nission for denia l of the application was carried. Zone Change Application Q.Peer y and 'Garner A report was ,received.from the Planning Commission unanimously recommending; denial of the application of H. Taylor Peez•y and Keith E. Garner for change of district from R -3:G to R-5 of a portion of the Williams Rowe Subdivision of Rancho Rincon de San Francisquito;known as 41,39 ' Wilkie Way "Mr. Peery was present and addressed the Council, stating that the applicants were.riegligent in tailing to appear before the Planning Commission at, the ,tune of the hearing on their application., that through a rnieunderstsanding betweenhirn and Mr. Garner, .neither One was present. '' Mr,... Peery stated that he would welcome an opportunity to present their case to`the Planning Commission again if the matter couldbe referred back to the Commission. A motion was made by Rodgers,, seconded by Mrs. Corcoran, that the matter be referred to Committee No. 1. Mr. E..: V. Arbuckle, Chairman of the Planning Commission, stated that the Commission had field the hearingand given the matter lull consideration;: that they are familiar with. 'the property, and that there was no representation atthe hearing by the applicants. The motion to refer the matter to Committee No. 1 was lost, and on motion of Cresap and Navis, the question was referred back to the -Planning Commission. lication i Wartner and Birch A report was received from the Planning Commission recommending denial of the application of Dell Wartner and Virginia P. Birch for change of, district from R-1 to R-2 for Lots 11 and 13, Block 48, South, Palo Alto` Addition,' at 138. and 144 Rinconada Avenue. The`Commission r.eported.shat it feels it is important to maintain the it-2;District, as ,it; exists without expanding it toward Emerson Street. The }Chairman of`the.Planning,Commission advised that the action of theCornrniasion was notunanimous; that the vote was 4 to 1 for deniii of :the application. The Planning Officer reviewed the matter and presented map showing the two lots involved, both of which now have a single family dwelling" oan` them. He explained that Mr. Warmer's property is L-shaped'and there is sufficient area for four units if the property. were rezoned to R -Z. 21 x�ner reaae+�t�e Ooune.ii srx �apgaxr �';�a`s � application , 'stating his desire to utilize :the, rear of'`ha.s property and build some apartment units for incoxne purposes. The Planning Officer pointed out that Mr'.. Wartner's property c,ould?be divided"into two lots, with a '75 x 100 foot lot in. the:rear,' leaving the'frasitlot with an -area of 50 x 125 feet: This would allow zone,hou:se. on the front lot'andone house on the rear lot under the. present zoning. After discussion, it was moved by Navis, seconded by Marshall, that the recommendation of the Planning Comnussion for denial of/he application for R-2 zoning be upheld. After considering the possibility of alot ,split andzoning,problems in the area, the motion to uphold denial of„the:`application was carried, and; the :natter was referred back to the Planning Commission to consider a lot split ..isf'Mr: Wartner'a property if he wishes to apply for it. (Councilman Mitchell came at this time, 9:00. P.M:, and was present for the reet of the rneeting.') "Right to Know" Resolution:: A resolution was submitted by Councilman Ruppenthal, entitled "Right to Know Resolution", to provide that minutes be kept of all meetings of the Council and its committees that are closed to the public; that the minutes be opened to the public and to the press -as soon as their disclosure would not adversely affect the public interest; and that the Mayor be charged with making this determination. Mr,; Ruppenthal spoke in support of his resolution, urging its adoption, and- "pointed :mit,that itwould be the responsibility of the Mayor to determine when the minutes would be opened. Councilman Navis advised that there are occasions when .the; public interest rnight not be adversely affected if the minutes of 'closed meetings were disclosed, but it might be an injustice to people, such as applicants for a position who may be interviewed but not selected. He felt that the names of applicants not selected should ,not be disclosed to the public. Mr. Ruppenthal agreed that Mr. Navi 3 :had raised ;a proper point, and it would, require discretion on the part of the Mayor, but he felt that candidates not selected for a position neednot be embarrasaed as the minutes in such cases need not be opened for many years.' After some discussion, the proposed resolution was referred' to Committee ,No... 3. Change of.Street Narne' Ordinance No. 183.5changing the name of Hillview Street' io Hillvaew.-Avenue wasgiven -second reading, and on motion of Navis, duly's' conded,` was adopted by unanimous vote on roll call. • Arraendnaent: to Zoning Ordinance {Sec. `22.07} Ordinance No. 1836,_,amending Section 22.07, Subsection (i) •9f the,. Zoning Ordinance; was given second reading, and on rnotion of Rodgers and Cresap, was: adopted by unanimous vote on roll call. `This :ordinance''reduces the rear yard setback requirement: in ''R" in for cornier lots having a common rear property line,: to permit a' portion :of the' main building which is less than one-half the • naaxixnum width' of such building to extend into the required rear yard not more than .ten feet. r K'_ -�. :�. •- =r _x_ x.:F.'2YC.... 4 L _ _ _ _ ,.�«•` '.v^:rr= ^_'.Y1: M1'1Y-Y ::.G.'S!'=._.....:G_ y pointment of Assistant City Attorney A report was received from the. City Attorney advising that he has appointed Stanley R. Norton as .Assietant. City Attorney, commencing March 16, ..1959, and requesting: confirmation of the appointment It was .moved by Nevis, seconded and carried that the appointmerLt of Mr. Norton as Assistant City Attorney be approved. Will: of =Katherine S. Pentler A:repart was received from the City Attorney concerning; the will of Katherine "S. Pentler, which contained a gift to the City of Palo Alto: of $5,,000 topurchase non-fiction books for the public library, the gift,„to be effective only ,if the decedent's son, Charles Pentler,: predeceased her. The City Attoriiey advised that it appears; that the Charles"iPentler'who is petitioning for probate of the w11 is the decedent's: son and: under the terms of the will, will succeed to :a11 the estate that.if:_this is the case the City will take nothing.becau3e of the conditional bequest.. Chain for Darnaaes (Galloway) „, A report was submitted by the, City Attorney concerning; the claim of Homer H Galloway for damages byreason of tree roots growing mto the sewer pipe:. He advised ,that. the Water -Gas -Sewer Department hae made,a report concerning the, matter in which they assert that all: of the difficUlty:was in the line owned by the property owner;, Under these circumstances he recozrzrnerded that the claim be denied It was moved, seconded and carried that the City Attorney's report be accepted and the claim be denied. Fe nof Matadero Creek. .Counc:ilxnan,.Byxbee :referred, toan inquiry he made about a month ago into;the: fencing of. Matadero Creek between Cowper Street and Middlefield Road adjacent to Hoover School, and to the report of the City. Manager .at'that time that the Flood. Control District :was ;in: the process of writing specifications and taking bids on the,work He advised that he fence has not yet been constructed,; -nd moved. that the city staff be asked to make format inquiry of the Flood Control District, iii ;behalf of the Council, as to when they :intaen to.'fence this portion; of. Matadero Creek adjacent to Hociver. School. The motion was 'seconded by Rodgers and carried. There being, no further business to come before the Council, the meeting was declared adjourned. at 9:,15 P.M. APPROVED: t