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HomeMy WebLinkAbout03091959City. Han, Palo Alto, California March, 9, 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 follciwa: Present::: Bishop, Byxbee. Corcoran, Davis,. Evans, Giffin, '-Marshall, Mitchell, Porter, Rodgers, Stephens, Woodward. Ruppenthai :The;.zzuniiteie of -the Meeting of February 24, 1959, were : approved' is daztribited. Golden , Gate Auuthority The 'Coun,cil ^eras informed that copies of „brochures, fact sheets. and proposed legislation pamphlets regarding the proposed Golden Gate Authorityhave been .receved. . A letter was read from the Citizens for the ;Golden, Gate Author ity ,:concerning'the proposal for consolidation".of•the :operations of the Bay Area's bridges, major seaports and.airporte, azzdaeeking,the Council's endorsement- of the principle, of the Authority The organizatiox requested the opportunity for one onto' representatives to appearbefore the Council to present additional information and answer questions. The/City Manager called .attention to the fact that the "Golden Gate "Authority" . will be the subject of a talk before the ;Peninsula _Division of the League of California Cities at its next meet - ins on March 19, . 1959., Cancellation of Taxes State Fro ert i`. A. communication was received from the State Division of Highways regwsting•cancellstion of taxes on certain property acquired :by the State for freeway purposes, being a portion of Lot 12, Block 6, Seale Subdivision, No. 5. On motion of _ Byxbee and Bishop, these taxes were cancelled by unanimous vote on roll call. Cancellation of Taxes, (Flood Control District Pro erty A request was received from the Santa Clara County Flood :Control Districtfor the cancellation` of taxes on property acquired by the District for flood: control purposes, covering the Lewis property on Matadero Creek, and the Kanze, Whitley .and. Madden properties on 'Adobe Creek. On motion of Bishop and Giffin, the taxes on said properties were cancelled by unanimous vote on roll call. (Councilman Cresap came at this time, 735 P.M., and was present .for the rest of the meeting.) Foothills Annexation No. A petition was resented for the annexation of inhabited territory designated as "Foothills No. 2", signed by registered voters in the area. A certificate was filed by the City Clerk certifying that the petition is signed icy snore than one-fourth of the registered voters in the territoryproposed to be annexed; that there are a total of 1018 registered voter's in the area, and the petition contained 527 valid signatures. The City Manager advised that the people in he area are anxious to have the election held prior to the close of school, which is June 12, ;19,59, that in order to comply with, the time requirements of the proceedings, the earliest possible' date for the election would be June 9t1 and this would necessitate a :special meeting of the Council for the first; hearing,' which; :cott d be held. either March 31, April 1 or April 2, 1959,::: .. Rea°lution,No 3078, declaring the intention to call a special election:in the Foothills Annexation. No. 2 area to submit the question of whether such territory should be annexed to the City of. Pala Alto,; and aettxng.tirre;'for hearing of protests to the proposed annexation, was 'introduced. On inotion of Mitchell and Byxbee, the resolution was adopted by unanimous vote on roll cal]., with March 31, 1.959, :;set as the date of hearing.; Transfer of Funds for Substation Site The City Manager recommended approval of a transfer of funds in the amount of .,$8, 607.85 from: the unappropriated balance of the -Electric Fund to Account No. 3342. for the purchase of a substation site, On motion of Byxbee and Rodgers,, this transfer of funds was authorized by unanimous vote on roll call. Lease with Simpson' Motors The City Manager, reads a report on the status of the pro- posed lease with C.' H Simpson and 11. A. Schmitt (Simpson Motors) for theproperty at`;440 Emerson: Street„and:430 High Street, recommend- ing that the Council rescind the resolution adopted on December 22, 1958 authorizing the Mayor to execute the lease. The City Manager stated: that the primary basis for recommending that the resolution be rescinded was that the proposed- lease was negotiated by his 'office a.nd,recoxnrrended:- for<acceptanc.e by the Council ixi.'the fell of 1958; that 'at; that time certain factsand conditions were pertinent to the proposed lease' which.' are not now valid,. -inasmuch as there has been a considerable tune lag and .the:. City has .not purchased the Seale Estate property. The City:. Manager -advised that it is the opinion of the staff thata rye -evaluation of all. the factors and relevant values must be 'made',as of the tirne the City proceeds to renegotiate: for the acquisition of the leasehold'in£erests. A.motion was made by Cresap, seconded. by Bishop, that the resolution authorizing the Mayor to execute the lease with' Simpson Motors be rescinded 'During the ensuing discussion, the Assistant City Manager pointed out that considerable time had elapsed -since the tortes of. the proposed lease were negotiated, and that :the, staff feltthat all the factors should be re-evaluated and that the- Pity= should; proceed to renegotiate for the acquisition„ of the. leasehold interests at the same time the property is acquired. The motion to, rescind, the are: oiutiorr authorizing executions of the :lea.s'e was carried by unanimous vote on roll call. :^r,AS7:'T^�`o;tn�^re�v,^,^;M'•�'inw+n..�nwMi;^: � .. . .._.__�.. :-:�c_...._._._.,,.._.,!�. ...__•_.___s ...�..,, �-._..__ ._.�r. ......_—._.....�..r -. __._. ...-- On. motion .of Byxbee and Creaap, the matter was referred. to Committee No. 3 for furthe r review of the proposed acquisYtion of the Seale Estate property and the leaseholdinterests. Sewer Service for 'Palo Alto Unified School District The 'CI* Manager :reported that .the etaif is working on a propossed.&greement with the :Palo:.'Alto,. unified School District for .newex service to .a Behooi-boing built just outside ,the Foothills No • 2 area. lige advised; that thee entire project wiU be'. financed by the School ' District which would:be rei buxa ed for a: certain percentage of their investment sa: other area_conect to the line; that the proposal is adv►sntageo+ts to t►e'City and to the School distract. On motion of :i Mitchell and Byxbee, the staff was authorized to proceed. to work ,,,out the proposed.ag_reeanent and submit it later to the Gouncil`for Consideration. S eclat Districts in San Mateo, .County. - The ;Citjr,Manager: ,reported that' an article appeared in the newspaper ion March 7, 1959, that there a' proposal to include the pity's � tanda in San Mateo County in the San= Mateo County Garbage. and Refuse Diapoail District. He advised that inhi;s opini,orr t; ould be order -for the 'Council` tof request that the land seemed by the City of aio Alto,: particularty=any Mahal eouth eof San F anciiequito creek, be excluded from tam district; ;and from any other districts which rriteY be 'established. On motion of Byxbie:and Davie,' the •; Council directed that a communication be .sent to the San : Mateo County Board. of Supervisor e ,asking --that all of the City's land-: in San Mateo County be excluded froi-n any special `;districts :forrraedin San Mateo County. (Courici3in*n- Nevis carne at this time, 7:55 P.M.;,)- , Additional `Fire Ca -taints Position The City Manager recommended that an additional fire captain's position; be created at this time, to be effective until Zuly l., • 1959,at which time it would be reviewed lvheii the bUdget ae considered. He advised -that Capt, Julius ,Arjo had a heart attack on February 26, 1958, andhas been on compensation.; that - his physician has authori ed his return to work on-senorxnal basis but "not for the regular duties of a fireman. He stated that the staff would like to continue Capt. Arjo in the :City's employment and that his services could be used in the Chief's office for administrative work, training, fire inspection and any assignments which the Chief might give. It was rnoved by Navin, seconded and carried that an additional position of fire captain. be created as recommended. 7encing Creeks The City, Manager read a letter from Donald K. Cur: lire, Manager -Counsel of the Santa Clara County Floyd Control District, advising that bids for fencing of portions of. Matadero, Adobe and Barron Creeks .will be received on March 30, 1959, and that the work would be commenced within a week following the operung of bids, • Amendment- Ordinance jSection: 11..2) . A report`wr►s .r.eteivsd'from C*+mzaaitte®_No. 1 recommend4 trig that:the, proposed ardixtsnce amending Seetion 13.02 of the Zoning Ordinance limiting coca acaerciatl'uoes in M -`l districts:be. tabled,' Mr. Charlie Keenan, :.representative;, of'owners of a urge indOstrial.:area ist the. vicinity of Charleston and San, Antonio,,Roade. .addressed' the; :.Council i► ,awtating; that: while .t3 oy 'are not particularly. iateraated. ,in a. cosntnsi cial,'deve:lopment,. they have had _many dries rots: comm. rciat "iattsre►ste, and. they felt that co rcial uiee :iama'r\-net b i d.triSientsl `In the areas. Xa-.epoke of:the lack of coMMercial'and'servitie isietlitiea;ia bndustrial:az a t to:serve people is amploie4-.in.ench area,. ; Councilmnan BYncb.e advised that he does' not thtnk an M.1: district should`be:open to all commercial Uses but certain urea y bei darstrsbler and that a compromis�a should be considered. After `some discUseion„ a motion was ,made by Woodward, seconded:by Nevis, that th ''pr,oposed ordinance be tabled. The motion WILL'.:declared: lost ; by a voice vote, and the matter_ was referred back; to, Committee No. 1. Amen snt. o- Baaildixxe Code Sigzts) dm A report was received from Committee No. 1 recommend- ins adoption of an::ordinance amending Chapter 46 of the Building Code -regulating advertising devices,signs and billboards, as recoznxnended} by the Planning_ Commission„ covering the size, number and location of;:frsestanding,, wall and sky -signs.: A proposed ordinance amending Chapter 46 of the Building; Coda was introduced; and on motion of Woodward and Byxbee, was accepted for fire t reading. (Councilmen Bishop and Evans left at, this time, 8:10 P. M.. and were absent for part of the meeting.) California Avenue Area edevelopment Amendments to Zoning . dinanca -• Changes in Zone Districts A report wasreceived from Committee No. 1 advising that it bas reconsidered the zoning of the California Avenue area and recommended as:. follows Thatthe following additions be made to the Zoning Ordinance: Article. 11A.; , C-2:CFS Central Business: Commercial - good -Service District Regulations„ 2. Article 11B. C-2:GSC Central Business: General. Service Commercial„ 11C. C-2.GM Central Business: General Merchandise: District Regulations. • i r'ticle,.11D. ` C-Z»,FGM Central Business: Finance,- 27 applied' as indicated =on map submitted. The' committee recornnzended adoption of an ordinance making the additions to. the 'Zoning. Ordinance as recommended, and an ordinance: amending the Zone Map to apply these new zone districts to .the California Avenue . area, with the understanding that this zoning is to be brought to the attention of the Council at the end of two years for review A rnotion was made by Woodward, seconded by Byxbee, that the. recornrnendations be approved and the ordinances be adopted. The City Manager advised that the staff recommends that the 'ordinances be adopted as emergency ordinances and also be given first reading as regular ordinances., The ,Planning Officer reviewed the proposed zoning which is :a coxnpromise plan between the original ;plan presented by the California Avenue Area ,Development Association and the zozin'g-:recent- ly approved by the Council. Heoutlined the districts ,avhere the four new commercial zones would be applied. After. discussion, Ordinance No. 1837amending the, Zoning Ordinance by;the additions Of Articles 11A, 1133..11C and 11D, was adopted as,arr,ernerg:ency. ordinance by unanimous vote on roll call of ah,,council, members present. Ordinance No'. -1838 amending: the Zone Map to apply Zone DistrictsC-2:CFS, C-2;GSC,. C-,2:GM and C-2:FGM to the California Avenue area Was adopted`'as an emergency ordinance by unanimous vote on roll call of;al.l council merxibers present. A proposed ordinance amending' the Zoning Ordinance by; the ;additions of Articles.11A, 11B, 11C. and 11D, and a proposed ordinance amending, the Zone Map to apply the new zone districti established by these .Articles,' were given first reading. ',Water 'Supply for Foothills Area A report was received from .Coxrn ittee No. 1 recozxwmend'- xng;'that;the 'services' of a.`geologist ,be retained to determine the: £ea:s bility. of; developing a water supply for the foothills area. On motion of Woodward:'and,Byxbee, this recommendation was adopted, ..report -was submitted by Coxnrnittee No. 1 recommending that- the Gouncil_ look.'with° favor upon the proposed annexation of: Foot- .- hills :No. `3, pending, further reports from the staff on the development of water and other matters'., On:motion...or Byxbee. and Mitchell, a sense motion to this adopted. Councilwoman Corcoran brought up the question'.of Page .Mill Road .and stated .that in her opinion it is the responsibility of the County to.:put Page, Mill Road in good condition, and that there should be a :clear. understanding with the: County about :the improvement and maintenance of Page Mill Road and othercounty roads in this area. The City Manager 'advised` that it would be the intention of the.:.staff to recomn end that.Page'Mill Road be included as a County road•.whether ; it is inside or' outside the' city limits. elAAA (Cowcxhnan Bishop returned at this time, 8:2O P.M.,, and. wasp E:St :. ior the rebt eeRates -and Amendment to Garbage Contract A.report was r:eceivedfram Committee No. 3 advising that it has given further: consideration to an increase it garbage rites', and proopoaed amendments to. the, contract with the San ;rose' ,Sanitation Service; for collection .©f: garbage and .refuse.; The committee recommended tbatethe- basxc'rate for garbage collection be increased to±'$1. 35 per ;xionth and'that rnodifications to the contract as proposed : the':staff'be .adopted There was submitted the revised Utility Rate SchedY.tle, Schedule R 1; Dornestic Refuse and Garbage Collection, and Scheaule, R-2, Coznmerc:ai'-Refuse and Garbage Collection, to be effective with: the April 195'9 billing period. Councilman:.Cressap, Chairman of Committee No. 3 reviewed the:proposal and the -need for increase of rates if the City zs'.to :have the kind. of service it wishes to have. He pointed out -that its is under stood that -at _the send of "t'E e: year the performance by. the-.. contractor Will :be :reviewed,' in order to give the. Council time during the last'ye'ar of the contract to determine future action s to whether a new contract should be negotiated, whetaer proposals should be invited`from interested contractors, or if the 'City should undertake the garbage, collection aerviee itself. A motion .was made by Cresap,' seconded by Mitchell, the rate schedule -:a as recommended be adopted, effective with the April billing":period,': and that a ree-olution authorizing the Mayor; to execute theamendment to the contract be adopted. -The City Manager reported that two letters have been received .opposing any rate increase. One letter was from -Mrs. Sheldon E. Riveroll, 1457 Edgewood Drive, and the other w from C. H. Pierce, 2921 Ramona Street. Councilmen Rodgers and Marshal' spoke in opposition to the increase in rates The motion to adopt the rate schedule as proposed and to authorize the Mayor to sign the amendment to the contract was then carried by vote on roll call, with 11 Ayes, Marshall and Rodgers voting No on the motion. (C-ouncilman Evans returned at this time; 8:30 P.M., and: was present for the rest of the meeting.) - (Mayor Porter left at this time and was rtnsert for part of the meeting. Vice Mayor Marshal). presided in his absence. Councilmen Navis and :Davis also left the room_ at this time.) - Variance Appli ion-.(Wasserxnan — cat.rte A report was r-eceived-from the Planning Commission recommending that;the d'ecision of the Zoning Administrator he urheld. in denying .avariance to "Nathan and Ruth L. Wasserman to allow the location of an addition - with .a sideyard tsf 6 feet where 8 feet are ::other--�� wise required, for. Lot 1, -Block 2,- Crescent Park No. 4, at 51O Jefferson Drive, Zone :District R -1:B-10. A letter was, read from -Dr. and Mrs:. Wasserman, the applicants, concerning their need for a. carport addition.: in order to make other :changes:in:their house, and supporting their request for a variance. A :motion was made by, Stephens, seconded .by. Mitchell, that the variance be approved:. In,rnaking the. motion, Councilman Stephena stated that it seemed to h xn that the request was reasonable and ouid enable the property owners to make alterations to:their home to cornply with family needs.., Councilman Mitchell advised that he had inspected the property and felt the carport addition would not be harmful to,any- one. At the request of other council members, the Planning Officer reviewed the application and submitted a plot plan showing the existing building and the proposed addition of a carport. He stated that if this variance is granted, it would 'ae difficult to deny eirnilar`requests involving corner lots.. E. -V. Arbuckle, Chairman of the Planning Commission, explained.. the Commission's viewpoint. He advised that the Commission and Planning Department are having such requests continually when people need .more room,., : and they feel that each case has to be decided separately;, that it was thefeeling of the Commission that this is not a hardship case as "hardship" is defined in the Zoning Ordinance. -- Councilwoman :Corcoran "pointed out that it is a question of only two feet; that the owners would have a right to build an addition but it Could not extend: ` as far as they; would like, and in this case she felt it would' not be detrimental to grant the variance After discussion, a,r.oll: call vote was taken on the notion rant the variance, and the vote was as follows: Ayes: Corcoran, Giffin, Mitchell, Stephens. Noes: Bishop, .Byxbee,:Cresap, Evans, Marshall, Rodger 3,- Woodward. 'The motion`:-wae declared lost, ;lien, on motion of .Mitchell and Rodgers, the recommenda- tion of the Planning Conerniiiiore adopted by voice vote (A receas was: taken at this time, 8:55 P.M., and the Council reconvened •at 9:05 P.M.) (Councilmen Davis, Nevis and Mayor Porter returned at this time, and Mayor. Porter resumed the chair.) A report was received,: from the Planning Coninii & on unanimously recommending the advisability of annexing to. the City of Palo Alto the areas described; as Monroe Park and Garden Terrace: 1-A. The Commission further recommended that the property needed to,,. 'provide an, exte_xaion of Wilkie Way to Monroe Drive be acquired as eoon as .posrsxble':: The: City Manager advised that. the Monroe Park area contains approximately, 5,8' -parcels,,, and the Garden Terrace area contains approximately '80_:parcels. In commenting. on the "recornrnendation of the Planning Conuriiasion for the acquisition of the propertyneeded to provide. an extension ; to• connectWilkie Way and Monroe: Drive, the City Manager advised that he assumes the.. Planning Commie;sion referred to the two parcels suggested by the Planning Officer:to: be acquired for thin purpose, which would also require the:' construction of a, bridgeover Adobe Creek. The City z :Manager statsd.that if the Council accepts. the recornrnendation, it should'make a decd sign:'as to' how :the acquisition of the property and the construction of the`.bri;dge and road improvements, are to 'be financed.'Ile pointed out that no :engineering has' been done on the proposed ,project, ' and'the staff has no information on land values;= that a rough,estxxn'ate of the cost for the entire project is from :$40,"000: to $50, 000: A motion was madea by;Rodger1, seconded by Woodward;_ that the: recon�amendati;o•ns. of the Planning Conunis Sion ire approved and than resolutions:.consenting to 'the commencement of proceedings for the annexation�Foa the 'Monroe Park and:Garden Terrace, -L.-;A; areas; be .adopted. In:making the motion, Mr.. Rodgers stated that :While it would be:advirable to c nstruct the bridge, the project wou-Zd not have to be undertaken 3,zxs.xne lately. Councilman Ivli,tclhell; -suggest-. ed the':matter•bereferred to:,the `staff and Con xnittee No; 1 to consider and report on the:;acquiaation-o£ the land and the constructionof the bridge." This .suggestion Was accepted as an amendment to the motion ouncilman`.Navis<.xnpved an amendment to the motion that the Council :adopt in principle the policy= that the financing of the 7.bridge and the%land. required` $or the `approaches to the bridge be handledr. through an aissesem.ent :district, :.and that the:cost of the project" be asseseed agaxxa t;'the residents, of the areasproposed to be'annexed:, ;felt that the' braclge would be built: strictly for their benefit. The, amendizrent!wass -seconded. by Mrs: Corcoran. Councilman'Byxbee stated that in' -his opinion, it is the r-eeponsxbxlxty of::the City to:'build the bridge, and that the cost of acqui.aitxon: of the property required and the construction, of the bridge• should` be borne from gener,.al city: funds o ' 'councilwoman Corcoran raised several gixestions' regarding • the proposed annexations, and.called attention to the problenris brought out by the Plamniiig Corninission in its .discussion ofthe matter, as Set forth in:the Coxnn eeionsa.minutes. : She asked if there is any proposal to rextend. park Boulevard through the Monroe Park area and was told that thia•has not been considered,'. She asked what effect the extension of Wilkie Way to connect with Monroe Drive 'would have on traffic in the:'area The Planning Officer replied that there would he some increase of traffic on Wilkie Way and Monroe Drive but since a. directacce:sa to San Antonio Road would not be provided, therewas not much likelihood that through traffic would be using these streets. The City Manager advised that it would be important for the Council,; it axt''early.'date to tnforxrithe people in the proposed annexation areas 'hat the Council's intention is with regard to financing the covet of the bridge and street extension, whether they would be as:sesaed-for the costs 'or ‘if the City would bear this expense.. Councilman Navin advised that he feels the financing of.a :,manor improvement Of *,his sort Should be clearly- ,anderstotd ancl -that was has purpose in xraking: the amendment to the rnoti,on;that .he -does ;;`not feel this situation' is -comparable to father, bridge construction: in`' the "city, ,a,a t'hie:'b dge would be built. for onnyone ` reason;: t®. provide access , bto the -area ;not anly for the convenience of the people there b ..t to provide -fire and police' protection to :them,, and that he feels the 'cost' should' be borne by the .people- who`will be benefitted. After sortie discussion, the amendment was lost'by a voice Resolution No. 3079; . consenting` to the commencement of proceedings for. the-': annexation of inhabited territory d:esignated as "Monroe ,Pa.rk" to he City of Palo: Alto, was introduced and adopted by :•note. oil. roll` 41.1; with 12 Ayes, Mre . Corcoran arid Navis voting No. Resolution No, 3080, consenting to the commencement of proceedings for_the>annexation: of inhabited territory designated as "Garden Terrace 1-A" to the City' of Palo Alto, was introduced and adopted by`vote on roll call,: with 12 Ayes, Mre. Corcoran and Navin voting .No The matter of -determining costs of the acquisition' of property needed'for: the extension of Wilkie Way to Monroe Drive, road improvements and, bridge construction, . and making a recorrimenda- tion-as to financing`the;project, was referred to Committee No, 1 and the staff for consideratioi'and report. Tentative Subdivision Ma s A report was received from the Planning Commission ]unanimously recommending"approval of the tentative subdivision map of Palo Alto Properties covering portion of Blocks 14 and 23, Stanford University Villa Tract, located on Raniona Street south of Dry Creek, subject to: a) granting easernent as shown; and b) de&cation_by the 'subdivider of the 25 -foot right of way required for flood control, also that it be. omitted; frorn the area of Lot 1. On motion. of Bishop, and 'Byxbee, this tentative `rnap was approved in accordance 'witch. the 'recommendation of the Planning Cornmission A report was also submitted by the Planning Commission unanimously recommending approval of the tentative subdivision map ;of Stephen P. Kyrie covering a portion of Rancho Rincon de San Francis - quito on the southwesterly side. of Park Boulevard between West Meadow :Drive and Mayfield Park,,...subject'to: a) granting easements as shown, gib) either prohibiting construction:of buil.-dings within 5 feet of the exist- ing Pacific Gas & Electric gas transmission line which rune through Lots 12, 13, 14 and 16 or to relocation of the gas line, and c) increas- ing the area of Lots 5 and 15 to more nearly approximate the building site_ area of the remaining lots. On motion of Byxbee and. Bishop, this tentative map was' approved in accordance with the recommendation of the Planning, Corninission. Lot Division Application S encer A. Smith) A report' was received from the Planning Cornrnission, unanirnously recommending'that the decision of the Planning .Officer:. be upheld in; denying a lot division to Spencer A. Smith covering ;850 acres :_onx the:; southea:aterly,.side,of San Antonio Road starting appr. oxi- rnatety' 111a -feet nortbeasterly of Alma Street A motion wren. made by Cresap, seconded by - tit* recomenendataon:of the Planning Commission t �d the , .that of this" - lot :division beAdopted* 8 0 uphold the denial i ' h[r,Itodeey Hamblin, attorney AM' Mx the Cecil w y . Smith, addressed proper urging of the application. Hr. ;advised that tbe, �Y woAld: remain as a;.noa-c®nforxnia a e not approved, paiati g parcel if the application is Distxi ved which this out ;ttlt there is : one acre limitation -in the less than is property is located, aria that the parcel" is enure area. Mr. Hamblin presented a plot of the property, ahowiag, the site of an 1.1 -room house and a cabinet shop the: ream He advised that Mr, 8 Fin offices orr, a utith wishes to convert the house into then `,wed and to make alterations or additions to the cabinet shop, but ,line been unable to secure a building of the fact that, the property is non-coaformin Permit because that this is ahardship on "Mr. Smith financially,=• iVlr, Hamb lin lb hated into bankruptcy if he cannotrea,lize'a profitable return he property:forced The Planning Officer ex legalisr�,a lot dfvisioa which .was plained that the: application is to ordinance, He submitted, a sketchhowing illegal divisions oade in, violation. of the iiv ope of which a, portion is, now owned by property, and reported that the property"ownerMr. Smith, ,in 1953, 1954 and 1956, of the illegal divisions th they resin theviolation had been �ofshd after .each that the notices had been ignored, ordinance but the these owners o£ the entire • • The. Planning Officer atat®d that to." three to' ether . parcel in question will eventually., have, g S and raeolve their problem, as none of the lot divisions were ever ,approved. Mr.. Hamblin advised ..that Mr. additional lead on either sidinof. his.property Smith has tried to buy property to one acre but has, not been. able: to do sod�r to increase ed that the tirxte has passed when he could bring action against the ford e , owner from whom he purchased, the .proper: s r. illegal `lot split. tY , who had' created the � ection, the: City fact t at the.de� pex of Mandell Man is hie called attention to the View,. .pu ro which. is .:locate�d i.n Mo u'th x . hRe .• tan a:Fr�ate road thiratagh property dxe, owns between' tlia- tract ana gan'Aatosiio Read, azz tract to San ." Palo Alto, bringing traffic fxorrx` the - Antonio Axatoxtio �l�oaci., After discussion, the motion tr, uphold denial of the lot division application :was carried. It was, moved.'.,seconded and Carried that the staff, be directed to write a. Lotter to each of the informing their: of .the situation �°���'' °�! =ern concerned be able and advising them that they will not r make any improventerits to the property until the lot division problem. oblem. is rectified. In answer to a question. from Mr. - a , 'Officer advised` that -:the ro Hamblin,the 1?ian.�,n� p ty.owrner should land has been ,taken, -for. the dedication for widening of Save one n ill acmo 8 fter. Road. ,The: City Manager Suggested g' an Antonio Road.;. Hamblen City h ugg : ed " that the Planning Officer furnish u taoxx oxt the-:provisians of the Subclivinion' Ordinance. and_tFae Ca °s ro anent of SanAnt R s.als axed requircisients for the develop oaso .+wadi _____Election Services' i [ Resolution. No. 3081, authorizing the City Clerk to obtain the services of G E. Tarleton, Registrar, yf Voters, .,connection wittithe Municipal Election; to be held May 12, 1959, was introduced.. ,':t was. explained t ct.tMs resolution is to,providethe necessary authorization if the services of the Registrar -of Voters; axe required to assist in: the mailing of ',sample ballots or other work involved in conducting the election. It was moved, seconded and>carried orn"roll call that the; resolution be adopted, with 12 Ayes, Byxbee and:Roidgers not voting : on the motion. • A endxnezct."to. 7it4royement Procedure Code Ordinance No. 1839, =lending the. Palo Alto Ixnpr.overnent Procedure Code relating; to Jmprovernent Bonds, was.. given second :reading, ; and:on. motion,: duly' seconded, was adopted -by unanimous, fate en ;roll call,: A report was received from the City Attorney advising that the District Court- of Appeal haswritten a decision denying the .City the right to annex the.city-owned land- located in San Mateo County. FIe suited that he believed•the.Supreme Court should Seasked to pass on this. matter and ghat; 'he intended to file a petition for a hearing by that court so that ai final definitive .answer.could be'had, unless instructed otherwise by ;the Council, On motion of Byxbee and Mar shall, the City Attorney 's report was accepted= and 3ae=; authorized file is petition for hearing by the ,Suprexn<e'Court. sition re Contract for Purchase of Prosrert A-reportwas received from the City Attorney submitting a proposed resolution concerning the referendum on the contract for purchase of the Boronda Farm property from `Dr. .and ''Mrs. Russel V. Lee, and a ggestinrgthe Council consider the wording of the proposi« lion to be placed 'on the May 12th ballot inasmuch as several council members have expr. sed a desire to have .the wording settled at an early date and to hive the proposition worded in an affirmative manner. On motion of Cresap and Mrs. Corcoran, the matter was referred to Comn3ittee .No, 3 to consider the proposed resolution and the wording of the 'Veferendum proposition. A report was received from the Controller recommending refund of. the following duplicate tax payment: Tax Bill No. 9087, second installment, ;$3.37. It was moved, seconded and carried by unanimous vote on roll call that this tax refund be authorized. Monthly Reports The monthly report of the Controller for February, 1959, was received and filed. The monthly report of the Planning Officer on action taken in February on applications for lot divisions, and the monthly report of the, 'Zoning Administrator on action taken in February on: applicatitXas for variances and use permits, were received and placed on file.; l..Joint Pole A$reerient ;'There, was presented a :prcposed supplemental joint pole - agreement with the .Pacific Telephone and .Telegraph Company agreei:eg that this joist ,pole -agreement originally authorized by Resolution No. 3064 ;adoptsd;xanuary 12, 1959, be supplemented by .,addinga sub! - paragraph to Article 7. A resolution authorising the Mayor to execute the aznsndrnent to the asproenxent was: introduced, and on motion.. of• Rodgers and Byibee, was adopted on roll cal wwith' 13 Ayes, Marshall not voting on the motion..; Foothills Park Councilmen. Means advised that in diicussion concerning the proposed .park, he thought it might be helpful for the Counc i1 to pass a sense motion of its :intent. He moved the adoption of the following sense .motion: "It is theintent of the. City Council that the specific types of development and the particular activities to be provided for. `: at the proposed mountain park, as well as the less . of the park by- persons other than Palo Alto residents, shall be determinsd only after a thorbugh planning program, including an_ opportunity for Palo Alto residents to: express their views on, theme matters to the City Council." This sense motion was seconded and carried. NamitgofP k Councilman Bishop called attention to the fact that, he. and Councilmen Marshall and 'Mitchell had been appointed; some time ago as a special committee on the naming of parks;: that three of the park names .they submitted of a previous meetingWere acceptedand; one rejected; thatthey have given further consideration, tothe naming of the park located next to the,, De Anza School. on Stockton Place, and wish to'submit:the name of tStockton Park"; On motion oi Bishop and, Byx bee, the name of "$tockton, Park": for this particular park was approved Councilwoman Corcoransuggested:that thought be .given to the possibility of reducing:. the olio.. of the Council to, nine members, and stated .that the City Attaorney:-has advised her that there :le .:still time patta charter,amendrnent.to this effect on the May bailot. She ;moved` that this. Matter.be referred to- Conu ttee No. 3 and that the conaznittee Meet, to consider the question before the newt` Council meeting'.., - The Motion was seconded; by Cresap; and carried. There being no further business to come before the Counc the meeting wan declared adjourned at 19:Z5 P/. ROVED:. Mayor �.. C- .Clerk