HomeMy WebLinkAbout08241959City Hall, Palo Alto, California::
August 24, 1959
The Council of .the City of Palo Alto met in regular
session on this date at 7:30 P.M., with Vice Mayor Evans presiding.,`
Roll call as. follows.:
Present Byxbee, Davis, Evans, Giffin, Haight, Marshall.,
Mitchell, : Rodgers, Stephens, Zweng.
Absent: Bishop, Navis, Porter, Woodward.
The minutes ot the meeting of August 10, 1959, were
app:Eoved as: distributed.
Garden Terrace Annexation No. 1-A
The Council proceeded to canvass the returns of the
special .;annexation " election held in the territory designated as
"Garden Terrace Annexation No. 1-A" on August 18, 1959.
Councilmen Byxbee and Rodgers were appointed tellers. After
reviewing the returns from the voting precinct and counting the
absenteeballots, the tellers reported as follows:
That the: total number of votes cast at the polls was 73,
of which, 63 votes were in favor of the annexation and
10 votes against the annexation.
That the total number of absentee ballots cast was eight,
and the eight votes were all in favor of the annexation.
That the total vote cast at the special election was 81,
of .which 71 votes were in favor of the annexation and
10 were against the annexation.
Resolution No. 3127 declaring the result of the canvass
of the, special election held in Garden Terrace Annexation No.. 1-A
for the purpose of annexing said territory to the City of Palo Alto
was introduced, and on motion of Mitchell and Rodgers, was adopted
by unanimous vote on roll call.
::Ordinance`No. •1878, approving the annexation to the City
of Palo Alto of certain inhabited territory designated as "Garden
Terrace Annexation- 1-A", upon the terms contained in the question
submitted at a special election held in said territory on August 18,
1959, and declaring an emergency, was introduced, and on motioA
of Byxbee and Rodgers, was adopted as an emergency ordinance by
unanimous vote on "roll. call.
A similar ordinance approving this annexation, without
the emergency -provision, _. was .introduced and on motion of Rodgers
and Byxbee, was accepted for first reading as a regular ordinance
Eichler Swim and.Tennis Club Ozaiza.
A letter was received froxn the Eichler Homeowners'
Community Center inviting` Council members and their families to,
attend -the opening of the Eichler Swim and Tennis Club at 3539 Loins
Road on Saturday, August :29 1959, from 1:30 to 3:15 P.M... It was
directed that a letterof acknowledgment and appreciation for the
invitation be `,sent.
•
Parking in 600 Block Cowper Street
Letters were received from Dr. George H. Grover and
Dr. William H. Day requesting`, that parking in the 600 block of -'
Cowper, Street be controlled either by meters or limited parking.
Dr.: Grover is the owner of the properties at 605 and 609 Cowper
Street, and both maintain -offices at 509 Cowper Street.
On motion of Byxbee and Haight, the letters were
referred to the Staff Traffic Committee for consideration and
recommendation.
(Councilman Navin came at 7:40 P.M. and was
present for the rest of the meeting.)
Complaint of Ronald L.. Ives
A letter'was received from Ronald L. Ives, 2075 Harvard
Street, asking'. the Councilto adopt an ordinance prohibiting, house-
holders from' leaving hoses and sprayers turned on at night so that
the water sprays across sidewalks. The Assistant City Manager
reported that Mr. Ives ha,s been in contact with the Police Depart-
ment and the City Attorney's office regarding this matter which
he considers to be a nuisance to pedestrians. The City Attorney
advised that Mr. Ives has complained that people in the neighborhood
leave hose's and sprayers on at night, and when he walks past he is
sprayed with water; that this appears to be a neighborhood problem
which could be resolved withoutan ordinance.
After discussion, it was moved by Nevis, seconded"by
Marshall, and carried that the matter be tabled.
A`,letter was received from Calvin M. Jones of Jones,
Therm & Associates, Civil Engineers, .asking that the Council
consider and; act upon the tentative map of "Walnut Grove" at this
meeting to avoid further delay in the development of this subdivision.
Reference .was made: to the referral of this matter at the
last Council meeting to Con rnittee No. 1 after it had been pouted
out that there" is a possibility of a grade separation at Charleston
Road and A/ma Street in the future and the land involved in the
proposed subdivision would be required for such grade separation.
A question was also raised as^to the adviaability of an entrance to
the subdivisions from Alma Street, as shown on the plan.
CouncilmanNavia`stated that the point brought out at the
last meeting,is pertinent and the overall program should be
considered before any, -action is taken on the subdivision map. He
called attention to the``fact'that the De Leuw Lather traffic report
provides a>future grade separation at Alma and Charleston. He.
felt that the Councilshould; reaffirm its decision to have Committee
No, I consider the matter in view of the overall program.
It was moved by Rodgers, seconded by Nevis, that no
action be taken on the matter at this time,
4
•
0
An amendment to the motion was made by Stephens,
that''no action be taken until the Council hears from the Planning
Officer regarding theproposed subdivision. A statement was n ade?
by Rodgers thatthe purpose of his motion was to keep the question a
in Committee No . .1. He moved the matter be tabled, : and the
motionwas seconded by Navis.The motion. to table was lost by the
following vote on roll call:
Ayes Byxbee, Mitchell, Navis. Rodgers,Zweng.,
Noes Davis, Evans, Giffin, Haight, Marshall, Stephens
The Council then proceeded to discuss the matter and
asked for a review of the recommendat].on of the Planning Comrnissior..
The Planning Officer discuased the. Coanmission's report and.
recommendation for approval of the tentativexnap, subject to
the provision of easemente as required by the City Engineer, the
granting of a 5-footplanting and public utility easement behind the
property line for all properties :fronting on Ely Place. and pro-
hibiting access to 'Alma Street ._across the southwesterly line of Lots
5, 6, 7 and 8. The Planning Officer advised that the Commission
considered the street pattern but dad not consider the DeLeuw, Cather
report in its full implications,and in answer to a question he
stated that the. Commission did not consider what the additional
cost might be fora grade separation at that location if one is
constructed after the subdivision is developed.
Councilman Byxbee referred to the overall plan which
proposes ;a grade separation at Charleston and Alma, stating his
belief thatit is inevitable that there will be an underpass or
overpass there in the future. He suggested the Council consider
the question as to whether it feels there is to be a grade separation
there within the next ten years, and if the Council believes that,
then it should consider whether it is time to use reserve funds for
acquisition of the land which will be needed in the future for the
grade separation' project. Councilman' Byxbee felt the whole matter
should receive careful, deliberation at a cornrrittee xneeting.
Councilman Stephens expressed his opinion that it would
be unfair under the circumstances to tie up the land for the next ten'
years when the underpass: project is so indefinite. He moved that:
the previous action referring the matter to Coxnxnittee No. 1 be
rescinded and that the tentative map of "Walnut Grove" be approved
in accordance' with the recommendation of the Planning Commission.
The motion was seconded by Marshall.
During further discussion, Mrs. Philip Towle, Chairman
of the Planning Commission, advised that it has been the policy of
the Commission' to retain the area as as R-1 zoning in an effort to
hold closer to the -proposals in the De Leuw, Cather report,and
that the Council's decision would serve to guide the Planning
Commission in policy.
Councilman; Davis suggested there be a termination, date;
on which to act on this natter in order not to tie up the developers
of the property.
In further comments, Councilman Navis stated that he
felt Committee: No. 1 should review the whole matter with the help
of the staff, and consider all aspects of the question; that the
matter is important to the City and should have the necessary
consideration to determine what is beat for the City from a long
range viewpoint.
Mr: Ken Guerrero of Jones, Thenn & Associates,
engineers for the subdividers, spoke briefly to the Council,
stressing the fact that the owners are anxious to get the develop-
ment started and would like to avoid further delays.
A roll call; vote was taken on the motion to rescind the
previous reference to Committee No. 1 and to approve the tentative
map as recommended by the Planning Commission, and the vote
was as follows:.
Ayes: Evan, Haight, Marshall, Stephens.
Noes: Byxbee, Davis, Giffin, Mitchell, Navis,
Rodgers, Zweng,
The notion was declared lost, and the matter is still
before Committee No. 1.'
It was then moved by Mitchell, seconded by Byxbee, and
carried that Committee No. 1 be asked to consider the matter
promptly and.`subrnit' a recommendation to the Council at the next
regular meeting on September 14, 1959.
Amendment to Sales Tax Agreement
The Assistant. City Manager presented a proposed
amendment to the. Sales Tax Agreement with the State Board of
Equalization concerning the collection of local sales and use taxes,
toprovide a change in wording of the agreement to the effect that
the sales tax proceeds will be d1stributed'lieriodically as promptly.
as possible" instead .' of monthly. It was explained that the amendment
has been requested by the Board of Equalization i.n conformance with
a change in the law.
A resolution approving the amendment to the Sales Tax ..
Agreement, and authorizing its execution by the Mayor, was intro-
duced, and on motion of Byxbee and. Navis, was adopted by
unanimous vote on roll call
Mutual AidAgreementavith Woodside Fire District
The Assistant City Manager recommended approval of
anagreement for" day-to-day ;mutual aid between the City of Palo
Alto and the Woodside Fire District, similar to existing agreements
with the cities of Mountain View' and Menlo. Park for mutual aid.:
A resolution approving the agreement and authorizing
its execution by the Mayor was introduced, and on motion of Giffin
and Haight, was adopted by unanimous vote on roll call.
Agreement with-Purissinla Hills County Water District
Attention wascalled by the Assistant City Manager tothe
agreement recently approved by the Council authorizing a revocable
permit to the Puriss,ima Hills` County Water District granting .per-
mission to the District to serve water to the Palo Alto Hills Golf.
and Country Club on a. terziporary basis, with a provision that the
permit could'be revoked by either party upon 30 days notice.
156
The Assistant City Manager recommended modification of the
agreement authorizing the District to serve water to the Club under
a revocable permit:, but to provide that the permit shall not be
revoked by either party prior to June 1, 1960.
A resolution. authorizing the Mayor to execute a permit,
as amended. to ..the Purissima "Hills County Water District for
water service to the, PaloAlto Hills Golf and Country Club, was
introduced, andon motion. of Marshall and Byxbee, was adopted by
unanimous vote on roll call.
Electrical Contract with Lockheed Aircraft Corporation
A- proposed "::contract with Lockheed Aircraft Corporation
providing for a special; minimum electrical billing charge was
'submitted by the Assistant City Manager for consideration, with the
statexnent.that Lockheed has made a request for specialized service
and the staff felt it.was desirable to enter into a contract for this
type of service ratherthan to amend the rules and regulationsto
apply to only one;custorner. The provisions of the proposed contract
were reviewed.
A motion was made by Byxbee, seconded by Marshall,
that a resolution authorizing the execution of the con;ract be adopted.:
During the ensuing discussion, some council members
suggested it might be well. to refer the matter to a committee for
study and consideration o. 'policy questions involved in the setting
of special-ratesfor electrical service. The Assistant City Manager
advised that if the matter is referred to committee he would have
the Chief Electrical Engineer present for discussion and explanation
of the proposal.
It was moved by Zweng, seconded by Navis, and carried
that the, matter be referred to Committee No. 1 with the request:
that the committee make a report and recommendation to the. Council
at its next regular meeting on September 14, 19.59.
R_c_stricted-Parking on Encina Avenue
A recommendation was presented from the Staff Traffic
Committee for the adoption of a resolution restricting parking on
portions of Encina Avenue to two hours during the period from
9::00 A.M. to 600 P.M. daily except Sundays and holidays. It was
explained that thisWould , make parking regulations on this street.
uniform A motion was made by Mitchell, .seconded by Byxbee,
that the proposed resolution be adopted.
Mr. Norman. Swanson, representing Shalco Corporation
of 81 Encina Avenue, spoke to, the Council, stating that they have
50 employees and have been unable to obtain enough off-street
parking space` to: meet their present requirements, and that some
of their employees would find it difficult to park their cars in the
area ifthe proposed restriction to two-hour parking is adopted.
In answer to questions, the Assistant City Manager
advised that the Staff Traffic Committee had investigated the matter
in response to complaints of property owners and tenants of
business places on Encina Avenue against all-day'4sleeper"parking,.
and that after investigation of the situation the committee had
made the recommendation for restricted parking.
On motion of Zweng and Davis, the matter was
to. Committee No. 2.
Restricted TPartenon Middlefield Road
qmwarionfoomm
A report 'was made 'by the Assistant City Manager ` in
behalf of the Staff Traffic Committee concerning the parking
regulations on Middlefield Road, pointing out that at present
parking is restricfe&during peak hours from San Pranciaquito
Creek to' Charming' Airenue,and is prohibited from Moreno Avenue
to Matadero .Creek The Traffic Coxrirnittee has recommended
adoption of a ;r.esollution`restricting parking on Middlefield Road
between Charming and Moreno Avenues during the periods from
7:00 A.M. to 10:00-A.M.'-and from 4:00 to 6:00 P.M. daily,
except Sundays and holidays.
Resolution No. 3128, restricting parking on the portion
of Middlefield Road as recommended, was introduced, and on motion
of Haight: and Zweng, was adopted by unanimous vote on roll call.
A, question was raised as to the priority for the installa-
tion of traffic signals at Middlefield Road and Melville Avenue.
The Assistant City Manager replied that this is on the list but he
did not believe, it had a high priority. He advised that he would:.
check and answer the inquiry later with regard to the priority for
this installation.
Appointment of Contr. oiler
A report was received from Committee No. 3 recommend-
ing as follows:
1) That the Council extend the appointment of Maurice H.
Moore as City Controller through the month of
September, 1959, at his present salary.
2) That Alfred J. Mitchell be appointed to the position
of City Controller effective October 1, 1959.
3) That if the Council concurs in the recommendation to
appoint Mr. Mitchell as City Controller, the Council
meet as a Committee of the Whole following this
meeting to establish his salary.
Councilman Navas;' Chairman of Committee No. 3,
commented that .Mr. Mitchell's : appointment would be a promotion.
from his present position, of Commercial Officer, that it has been
the personnel policy, of the city to provide incentives and promotion-
al >opportunitie's xn order to obtain capable and reliable employees
that the committee recognized that the promotion of a qualified
person to a higher "position would indicate the Council's recognition
of this partacular aspect which is an important part of the city's
personnel program.
In behalf of the committee, it was moved by Navas that
the recommendations of .Committee No. 3 be adopted. The mmotion
was seconded. by Giffin and .adopted by unanimous voice vote.
y
Project. 58-1_
Resolution No. 3129 of Preliminary Determination,
Project 58-1, for various improvements was introduced and on motion
of Mitchell and Zwer g was adopted by unanimous vote on roll call.
The resolution provides for a public hearing on the proposed
improvements to be held on September 14, 1959 at 7:30 P.M.
Amendment to Zonin Ordinance Section 21.02
At the :last meeting, the Council continued to this date the
consideration of a proposed ordinance amending Section 21.02: of the.
Zoning "O.rdinance,pertaining to parking requirements in industrial
districts,, to require at least one parking space for each two
employees or one space per 250sq, ft, of floor area, whicheveris:.
greater.
Mrs.- Philip Towle Chairman of the Planning Commission,
presented a written report concerning the Corxnission+s views and
discussions regarding parking requirements fox industrial districts,
and the need fox snore..zestrictive measures particularly in the M-1
zones which permit a more intensive type of development with
increased traffic andparking problems. She advised that a major.
factor involved:in :off-street parking problems is the changing uses
of existing buildings,_ and that two possible solutions of the problem
(parking requirement based on maximum possible use of the
building., an.d parking requirement based on number of employees
rather than on floor area) would. probably require an administrative,,
device, Certificate of Use and Occupancy, which is under study .by,
the, staff: ' It was pointed out in her report that the proposed amend-
ment to Section 21.02 is only a step toward improved control of off-
street parking in M zones.
A motion was made .by Navis, seconded by Byxbee, that
the proposed ordinance as recommended by the Planning Con -mission
be adopted:
Mr. G. E. Carey addressed the Council, representing
the ;California. Pacific Commercial Corporation, stating that he thinks
the proposed amendment is aimed directly at the property of this
corporation .in the vicinity of Charleston Road, San Antonio Road
and Bayshore Highway as it was .prompted by a letter from Philco
Corporation. to the Plar.xung Commission. He advised that if there'
is any parking ;problem in that area at the present time, it is
Philco's problem i.nhis .opinion. Mr. Carey commented on the
proposed development of the property of the California Pacific
Commercial Corporation, stating that they will provide sufficient
parking for the needs of their, buildings, and he did not think the
proposed `amendment .:is necessary. He advised that a Certificate;
of Use and. Occupancy:, study: as mentioned by .Mrs. Towle would be
desirable.
Afterdiscussion, it was moved by Davis, seconded by
Haight, and carried that the proposed amendment to Section 21.02
of the Zoning Ordinance be referred to Committee No. 2.
Stanford' Annexation No. 8
Ordinance No. 1879, approving the annexation of certain
uninhabited territory designated as "Stanford University Annexation
No. 8'°, was given. second reading, and on motion of Mitchell arid
Marshall, was .adopted bar unanimous vote on roll call.
of Garden. Terrace Annexation 1-A
•
'OrdinanceNo. 1880,'' establishing the zoning of Qarden
Terrace Annexation No 1-A as R-1:B-8,was given second reading,
and on motion..Of Mitchell and Byxbee, was adopted by unanimous_
vote on roll. call
Zone ' Chan
ment Plan
Johnson aw]ey :� .ssociates
�wnr��c W.
Ordinanc:14...Non-1881; .rezoning portion of Rancho Rincon
de San Francisquito. located at the end of Wilkie Way and along
Adobe Creek, from R-5 and'R-3:G to P -C, and approving Develop-
ment Schedule, was given second reading, and on motion of Mitchell
and Navas','''. was adopted on roll call with 10 Ayes, Zweng abstaining
from voting _on the. motion
Amendxnent to Building' Code (Signs )
Ordinance No. 1882, amending Subsection (a) of Section
4610 of the Building Code pertaining to flat neon signs, was given
second reading, ;arid on motion of Mitchell and Byxbee, was adopted
on roll call with 10 Ayes, Rodgers not voting on the motion.
Amenthnent to.'Administrative Code (Section, 701)
The proposed ordinance amending Section 701 of the
Administrative Code pertaining to the passage of ordinances was
presented for second reading, and a motion was made by Navis,
seconded by Zweng, .that the ordinance be adopted. The roll call
vote was as follows:
Ayes: Ayes: Davis, Evans, Haight. Mitchell, Navis, Stephens,.
Zweng,
Noes: Byxbee, Giffin, Marshall, Rodgers.
The ordinance was declared lost.
On motion of Navis and. Byxbee, the matter was referred
to Committee No. 3 for further, consideration.
Clai.rn.for Damages`(Raymond Grad
A`report was received from the City Attorney on the.
claim filed by Liberty Mutual Insurance Company for Raymond Grad,
in the sum of $10.50 for towing services to extricate an automobile
from a ditch, asserting there were no barricades or lights. The.
City Attorney advised that the Gas Department has reported that the
ditch was properly barricaded and lighted, and he recommended
denial.
On motion of Byxbee and Zweng, the City Attorney's
report was accepted and the .claim denied.
A report was submitted by the City. Attorney on the claim
of W. E. Munsey for :asserted damages in the amount of $35.00
incurred when apolice:vehicle 'struck door of building at 971 Commercial
Street on October' 1, 1958. He advised that this claim is barred by
the ordinance as it was not filed within the time required, and
recommended denial on this basis.
On motion of Navis and Byxbee, the City Attorney's
report was accepted and the claim denied.
Claim fo.r' Damages f Edzxiund Gruenber& }
A report was received from the City Attorney on the
claim of .Edrnund'Gruenberg in the amount of $441.07 for asserted
damages arising out of an automobile collision with a police
vehicle, advising that the accident does not appear to have been.
any more the fault of the police officer than of the claimant. He
recommended denial.
On motion of Rodgers and Navis, the City Attorney's
report was accepted and the claim denied.
There being, no further business to come before the
Council, the meeting, was adjourned at 9:25 P.M.
ATTEST:
APPROVED:
ty Clerk
`>,
•
i.ce' Mayor