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City Hall, Palo Alto, California
January 23, 1961
The Council of the ia.ty of Palo Alto met in •regular
session on this date; at 7:30 p.m,., with Mayor Ball presiding.
Roll call as follows:
Present: Ball„ Byxbee, Davis, Evans, Giffin, Haight, Marshall,
Mitchell, Porter, R'Odgers, Stephens, Woodward,
Zweng.
• Absent: Bishop, Navis.
The minutes of the meeting of January 9, 1961, were
approved as distributed.
Foothills Annexation No. 4
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The City Attorney announced that the,Mayor has just been
served with an Order to Show Cause and Temporary Restraining
Order, issued after the filing of a complaint for injunction by the
City of Los Altos, ordering that pending hearing the City Council be
enjoined and restrained from taking further action of any nature
whatsoever in the proceedings for annexation of "Foothills Annexation
No. 4" to the City of Palo Alto. The City Attorney advised that the
hearing,; has been; set for 10:00 A.M. January 30., 1961, before the
Superior Court, Palo Alto Branch, and ghat he would appear at the
hearingin behalf of the City.
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Upon recommendation of the City Attorney, and on motion •
of Byxbee and Haight, the hearing set for this date on the proposed
annexation, of uninhabited territory designated as "Foothills Annexa-
tion No.'4" was, continued to the next regular meeting - of the City
Council on February 13, 1961, at 7:30 p.m. p ,
Project 59-4, San Antonio Road
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This was the '`time set for hearing on Resolution No. 3312 x "
of Preliminary Determination and of Intention to make Changes and
Modifications, involving changes in the design and location of street •
lighting facilities for this project„and providing for openings in the
center strip at Byron Street and at about Station 13t00.
The report of the City Engineer relative to the proposed
changes was read. He advised that in his opinion the change in the
design and location of the street lighting, to provide for locating the
ighting standards on the sides of the street instead of the center
island:S,, would impr,pye the standard of lighting and would confer
m;ire. direct benefits to the property proposed to be assessed.'.
~The hearing was declared open. Mr. C. J. Keenan,
representing the California Pacific Commercial Corporation,"
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addressed the Council in protest to the inclusion of their property
in the "assessment district for the lighting. He pointed out that they
had dedicated a one -foot strip of land to the City and had no frontage
on San Antonio Road; that they are in favor of the project but ask
that the portion of'their property which has no frontage on the road
be excluded from the district.
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The City Maziager advised that it had been determined
that certain properties should be included in the assessment district;
that although esuch properties had no access on San Antonio :Road,
® they do have frontage and will receive 'benefits from the: improved
lighting; that the attorney has advised that it is a justifiableiassess-
^� ment on the property. A repre;aentatile of the office of Kirkbride,
Wilson, Herzfeld & Wallace, the attorneys on these proceedings,
was present and'iuformed the. Council that it is still their position
that the properties included in the a"ss• 'ssment district will receive
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benefit from the lighting and can legally be assessed.
Mr. John Beall, a property owner on San .Antonia Road,
• also spoke on the matter, stating that there are gates on the San.
AntonioRoad side of the propertya referred to b-• Mr. Keenan
which have been used by trucks and pedestrian; .
After ;discussicin, Resolution No. 3334, overruling•
protests, `determiningconvenience and necessity and ordering
changes and modifications, was introduced, and on motion'of Zweng,
duly seconded, ,,was adopted by unanimous voice vote.
A report was made by the City Manager on the bids
received on January 20, 1961, for San Antonio Road street lighting,
with the recomrnentation that the contract be awarded to the low'
bidder, Rosenain Electric Company of San Jose, in the amount of
$24,966:00.
Resolution No. 3335 awarding the contract to the' Rosendi.n
Electric Company at the unit prices named :at its bid was introduced,
and on motion of ;Mitchell and Woodward, was adopted by unanimous
voice vote'.
(Councilman Bishop came at this time, 7:50 p.m.,
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.and was present for the rest of the meeting.)
Project 61-1, El Camino Real
The City Manager reported that the widening and
improvement of El Cimino Real between University Avenue and
Matadero Creek is a cooperative project in which the, State Division
of Highways, Stanford University and the City of Palo Alto are
participating, -and that the proposed improvement involved in
Project 61,.1 consists of curbs,'rgu.tters, sidewalks, street lighting
facilitiesaandrtheacquisition of the necessary easements,and
property.
The Engineer's rej. )rt consisting of plans and specifica-
tions, cost estimates, assessment roll arid assessment diagram was
presented and' filed.
Resolution No. 3336 of Preliminary Approval of the -
Engineer 's`'Report, was introduced, and on motion of Rodger 3, duly
seconded, was adopted by unanimous voice vote.
Resolution No. 3337, appointing time and place of
hearing protests ii_;',relationto the proposed acquisitions and/or
improvements, and directing notice.,fixing said hearing for
February 13, 196f at 7:30 p.m., was introduced, and on mr')tion of
Itodgers, duly seconded, was adopted, by -unanimous voi, e vote.
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Councilman Byxbee brought up the need for a grade
separation at El Camino and Page Mill Road, and suggested', a
°study be made as to -how a grade separation could be worked into
the project, advising that he feels it is time that consideration is
given to working out a`prograin with the County and State .
The City= Manager reported that a formal request has been made
of the State Division of..Highways for a study of this intersection;
that they, have advised that a study is being made but have not
given any report or answers to the problem. He noted that the
project which.,has been started for the widening and improvement, of
Et Camino is being handled by the State Division of Highways, with
the Citycooperating in it.
After discussion it was agreed that the City Manager
would contact the Division of Highways and ask for a status report
on their study of the El Camino -Page Mill Road intersection.
Project 59-3,. Birch Street
The hearing on Resolution No. 3292 of P;•eliminary "
Determination `and of -intention to make Changes and Modifications
had been continued from the last meeting to this date..
Upon -recommendation of the City Manager, and on ,
motion of Porter. and Mitchell., the hearing was closed and the
matter •was takenoff the calendar and no action was taken.
Association of Bay Area Governments
A letter was; -received concerning the annual meeting of
the General Assembly of the Association of Bay Area Governments
to be held -on. February 24, 1961, and asking each City Council to
confirm the appointment of its official representative and an.
alternate to the General Assembly: "
On motion of Porter and Stephens, Mayor Ball was
appointed a`s the Council's official representative and Vice Mayo'
Haight waa.;appointed as an alternate.
Expressway Policy Resolution
There was„ received for the Council's information a copy
of the Santa Clara. County Expressway Policy Resolution, adopted by
the Board of Supervisors on December Z7, 1960. The City Manager
reviewed briefly the provisions of the Resolution which is a general.
policy statement setting forth the major policies which the County
will follow in the expenditure of,the proposed $70,000,000 bond finds
for construction of the County Expressway System -Phase; I, and
4 certain major city streets.
Annexations to Mountain View
Notices of the proposed annexation of "Stierlin No; 17"
and "Whisman -No: 3" to the City of Mountain View were received
and filed. '`
Request for Exclusion of Property (Foothills No. 3)
A letter was received from Teynham Woodward and Marie
Woodward requesting that certain property "owned by them (114 acres
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in Foothill Annexation No. 3) be excluded from the City of Palo Alto,
as they feel it is unsuitable for urbar. development.
The City Manager stated that he has talked with Mr-.
Woodward many times on this matter. He suggested the letter be
filed.
It was rnoued by Mitchell, seconded and carried that no
action be taken on the. request and that the letter be filed.
In this connection a letter was received from William S.
Wasserman, President of Skyline Ranch, L,.c. , property owner in
the area of. Foothills No._ 3, stating he is not in agreement with the
letter from Mr. and Mrs. Woodward and is in favor of having his
property included in any development of a water or sewerage system.'
for Skyline acreage. This letter was filed.
El Camino Annexation No. 4
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A petition was received from Baker Enterprises, Inc.
E. 0. Stratton, Stanley Stratton; E. S. Wilson, Marilyn. S. Wilson,
and Virgil G. McGee for the annexation to the City of Palo Alto of
certain: properties along the southwesterly side of El Camino. Real,"
including the Flamingo Motor Lodge, an area of 10.694 acres,
under the Uninhabited 'Trerritory Act.
Resolution No. 3338, giving notice of the proposed
annexation to the City of Palo Alto of uninhabited territory designated
as "El Camino Annexation No. 4 and giving notice of time and
place for hearing of protests thereto (setting the hearing for March 13,
1961, at 7: 30 p m:) was introduced, and on motion of Mitchell, duly
seconded, was adopted by unanimous voice vote.
1 Camino Annexation No. 5
The City Manager called attention to the fact that the portion
of El Camino Real between Quarry Road and Stanford Avenue is not
inside the city limits. , He advised that the City is acting as the agent
for the State of California in connection with some of the improvements
such' as sidewalks, curbs and gutters for which an assessment distr:.ct
is'being formed, and it: seems advisable that the street shouLd be
within the city limits:,
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Resolution No. 3339, declaring the intention of the
Council of the City of Palo Alto to initiate on its own motion proceed-
ings to annex certain uninhabited territory, designated as"El Caxninc'
Annexation No: 5", was introduced, and on motion of Byxbee, c,•uly
seconded, was adopted by unanimous voice vote.
• Letter from Judge Bowen
A letter was received from Judge Alfred W. ,Bowen
thanking the Council for its resolution c,f commendation for his
services as judge of the Palo Alto -Mountain View Judicial District.
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.DredginUortions of Harbor, Pro"rct 58-17
A report was made by the City Manager on the bids
received at 3:00 p.m._ on this date for dredging portions of the
• outer Harbor and constructing second lift on the entrance leivee.
He advised that only one bid was received, from the Olympian
Dredging Company of San Francisco: that the bid price was $45.00
an hour for. both working time and idle time plus a lump sum of
$1, 500.00 for mobilization and demobilization; and it was
recommended that an award be made to the Olympian Dredging
Company at the bid prices and that the amount of dredging work be
limited under the terms' of the contract so that the total expenditure
would not: exceed $10,000.00.
The City Manager further reported that there are no
funds in the budget for this work, and if the recommendation is
`. accepted it would be -necessary to make a transfer of funds for the
. 'project.
A motion was made by Haight, seconded by Rodgers, that
• the recommendation be accepted and the contract be awarded :to the
C)lhrmpian Dredging Company. 'Councilman Stephens asked if this
ha4any connection with the proposed County program for development,
of the Yacht Harbor.. The City Manager advised that the staff has been
negokiating with the County regarding their interest in taking over
the H4.rbor; that he has .no agreement in writing but has an +understand-
ing with a representative of the County that'll the berm is constructed.
by the 'City, the City would be reimbursed by the County for the :cost
if the operation of the Harbor is turned over to the County. The
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motion to award the contract,, in accordance with the recommendation_
of the City Manager was carried.
'qtwas moved, seconded and carried by unanimous voice
vote that the sum of $10,000.00 be transferred from the Special
Projects Fund to Account 167F.
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The City Manager was authorized to send a letter to the
County advising that the City is going to do the work involved in this particular project. " and if the operation of the Harbor is turned over
to the' Count
y, a'lormal request for reimbursement will be made.
Lease with Boy Scouts for Sea Explorer Base
The City Manager presented a lease with the Stanford Area
Council of Boy Scouts`\of America covering their Sea Explorer Base
on the Baylands. It was moved by Zweng, :seconded and carried by
unanimous voice vote that the lease be approved and that the Mayor
be authorized to sign the lease in behalf of the City.
• Contract with Varian Associates
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The City"Manager recommended approval of a contract
• with Varian Associates for the purchase of a 5000 KVA Transformer.
On motion of Haight and Woodward, and by unanimous voice vote',
the contract was approved and the Mayor was authorized to sign i,t
in behalf of the City.
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tie Legislative Program re Road Deficiencies
The City Manager reported that all cities have received •
• corr<:spondenosfrom the League of California Cities on their proposed
legislative program for the partial reduction of City and County road
deficiencies, and have been asked for a report within thirty days on
either progress or their lack of interest in the program which
suggests support of legislation to provide more funds for roads,
either try raising the inotor vehicle license fees, increasing the
gasoline tax, increasing user taxes or any combination of these
proposals. The City Manager advised that the Mayors' Committee
of the Inter -City Council is going to consider this matter to determiner
what support the cities in Santa Clara County wish to give to the
program.
Transfer for Sludge Waste Analy2..il
A request was made by the City Manager for a transfer
of $3, 500.00 from the Unappropriated Balance of the Sewer Fund to
Account No. 6776 for analysis of sludge waste by Kennedy Engineers.
It was moved by Byxbee, seconded and carried by unanimous voice
vote that this transfer of funds be authorized.
Private Patrol Se -vice
The City Manager presented a proposed ordinance regulat-
• ing private patrol service within the City of Palo Alto. He advised
that no problems exist at present but it is believed wise to have an
ordinance to control such services; that a uniform ordinance has seen
designed for'this purpose and has been, adopted by some of the other
cities in this area.
It was moved by Mitchell, seconded and carried that the
proposed ordinance regulating private patrol service' be accepted for
first reading.
Amendment to. Trampoline Center Ordinance
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The City Attorney submitted an amendment to Article 16.5
of Codified Ordinance No. 5 to zeq .ire owners or operators of
'trampoline centers to fill the open pits when the use of such centers
• has been abandoned. He recommended adoption of the amendment
• as an emergency ordinance .
Ordinance No. 1991 of the City of Palo Alto amending
Article 16.5 of Codified Ordinance No. 5 by the addition of Section
16.68 thereto to require the filling of open pits in abandoned trampoline
centers, was introduced, and on motion duly made and seconded, was
adopted as an emergency ordinance by unanimous voice vote.
Abatement of Unsafe and. Unlawful Conditions
A proposed ordinance of the City of Palo Alto adding
Article 35 to Codified Ordinance No: 5 to provide for the abatement
by the City of unsafe and unlawful conditions in certain instances
was introduced, and on motion of Mitchell, duly seconded, was
accepted for first reading.
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En(ineerinj Funds jGas Tax Expenditure)
The City Manager presented an agreement with the
• State Division of Highways for the expenditure of Gas Tax Fr:inds
'for engineering purposes. The amount allocated for the 1961-62
fiscal year is $7,500.00.
• • w A resolution authorizing the Mayor to execute a budget
proposal for engineering funds for the estimated expenditure to be
• • made during the 1961-62 fiscal year was introduced, and on motion
of Byxbee and Marshall, was adopted by unanimous voice vote.
Project 59-1, Sanitary Trunk Sewers and
Water Supt.)r System, Foothills Annexation/ 1-A
Resolution: No. 3340 of Preliminary Determination:and
of Intention to make' Changes and Modifications to Project 59-.1, to
provide for the inclusion of portion of lands of Stanford University
in Stanford Annexation No. 9 in the 59-1 assessment district, was
introduced, and on motion duly seconded, was adopted by unanimous
voice vote. This resolution provides for a hearing on the proposed
Modifications to be held on February 13, 1961, at 7:30 p.m.
Tentative Map (John J. Pr',:srnack)
A report was received from Committee No. 1 recommend-
ing approval,of the,_tentati4e subdivision map as presented. by John J.
Prusmack for a portion of Lots 1 and 2 of the lands of the Estclte of
Jose Jesus Miranda, subject to the following conditions as
recommend-ed by the Planning Commission:
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a) Dedication (but no improvement at this time) of a.
40 -foot right of way for *.tiranda Avenue.
b)13edidation for flood control purposes of the actual
creek charnel, including an additional 10 feet at
the northwesterly side of Lot 5 as shown in red
an the snap. rt.
c) Granting anchor easement as shown.
d) Showing on final map easement for existing California'
Water Service main in the southerly portion of
Lots 1 and 2.
• The committee further recommended that it be made a
matter of record that the subdivider be aware of the following three
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a) That the potential, expressway poses a problem which
might alter radically the situation.
b) That the legal status of the existing 40 -foot right of
way is in doubt.
c) That in the future the City might require irnprove-
;, ments to bring the street up to • city standards?.
` It was moved by. Woodward, seoonded by Marshall. and
carried that this "tentative' subdivision map be approved in accordance
with the re commendation.
Lot Division (4289 Miranda Ave nue)
A report was received. from Committee No. 1
recommending approval of a lot division for the property of
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Joseph C.\ O'Toole at 4289 Miranda Avenue, being Lot 2 and portion
of Lot 7, Brionee Tract, in accordance with recommerdation of the
Planning Commission, siibjet to:
a) Granting public utilities easements as shown on map
(25 feet onwthe south side and 10 feet on the north aide).
b) Furnishing evidence of payment of all payable city and
county taxes.
c) Z d:cation of 40 -foot right c+f way for Mira• nda Avenue.
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The committee reported that it concurred in the recommendation of
the Planning Commissionfor adoption of a street pattern as proposed
by the Planning Officer to serve the O'Toole, Guenther, Schafer,
Dornbush-and Reid„properties on Miranda Avenue,• the proposed
cul-de-sac to be accomplished under an assessment district procedure.
On motion of Woodward, duly seconded, the recommenda-
tions of the :Committee and Planning Commission were adopted -and
the lot division was approved in accordance with the recommenda-
tion.
• Lot Division (1940-1944 Waverley Street
o A report was received from Committee No. 1 recommend-
ing approval of the lot. division application for the property at 1940-
1944 Waverley Street, being Lot 3, Block 6, Seale Subdivision No. 7,
in view of the history of the situation and in accordance with the
recommendation of the Planning Commission that it be granted
subject to:
a) Providing separate electric service to the rear
residence.
b):Granting public utilities eas'rnent as shown, the exact
nature depending upon choice of overhead or under -
ground facilities.
c} Providing 12 -foot access easement.
d) Providing covered parking for rear residence, and. '
e) Furnishing evidence of payment of all payable city
and county taxes.
On motion of Woodward and Mitchell, this lot division
'was approvedinhaccordance with the recommendation.
• Request= for Fence on San Antonio Road
A report was received from Committee No. 1 advising .
that it has considered the petition of residents of San Antonio Road
for the construction of an 8 -foot chain link fence between San
Antonio Road and the existing service road. The committee
reported that it approves the plan outlined by the City Manager for.
a planting strip of fast growing shrubs, and recommended that
any further action on a fence be held in abeyance.
It was moved by Woodward, seconded and carried that
the report be adopted..;, Councilman Woodward, Chairman of
Committee No. :, advised that representatives of residents of the -
area attended the committee meeting and concurred in the action
taken.
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° ° Rodgers, and carried thatthe proposed ordinance be referred to
Committee No. 1 for study and report.
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Traffic Reports
A report was submitted by Committee No. 1 advising
that it concurs with the City staff .in feeling that the report of the
Citizens Advisory Committee on Traffic can be adopted without
any basic conflict with the De Leuw, Cather trafficways plan, . dared
that both reports can be used as a guide for traffic control..
o Committee No. 1 had previously' recommended adoption of the
report of the Citizens Committee.
iLfter discussion it was moved by Woodward, seconded
and carried that both reports be accepted.
(Councilxn to Porter left at this time, 8:45 p.m. ,
and,vas absent for the rest of the meeting.)
Amendment to Building CodJSec . 1506, Fences)._
The proposed ordinance amending the Building Code
° • (OrdinapceNo. 1675) by the addition of Subsection 7 to Section 1506
to permit fences along certain rear property lines, which abut
o public stre.i;ts, was presented for second reading.
o Councilman Zwerg raised a question :regarding the
proposed ordinance, suggesting that it should be amended to provide
for a planting strip'of several feet between the sidewalk and fence.
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Afte• r discussion, it was moved by Bishop, seconded by.
Chang of District and P -C Development.
Schedule• 720 Welch Road
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o Ordinance No. 1992, amending Section 3.02 of the
o Zoning Ordinance for change of district of certain property known
as 720 Welch Road from R-4 to P -C, and approving Development
plans and schedule, was given second reading, and on motion duly.
made and seconded, was adopted by unanimous voice vote.
Amendment to Setback Ordinance ;California Avenue
Ordinance No. 1993 amending Ordinance No. 1896
establishing Setback Lines, to eliminate the setback on California
Avenue from Alma Street to Middlefield Road, was given second
reading, and on motion duly made and seconded, was adopted by
unanimous voice vote.
Ordinance on peed .Limits
o Ordinance No. 1994 amending Div;sion XV of Codified
Ordinance No. 5 to provide for special speed zones, increasing
and decreasing state speed limits and changing certain prima facie
speed limits on West Meadow Drive and Exnbarcadero Road, was
given second reading, and on motion duly made and seconded, was
adopted by unanimous voice vote.
New Street Name (Porter Drive)
Ordinance No. 1995, designating the new street connect-
ing Page Mill Road and ifillview Avenue as "Porter Drive", was
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given second reading, and on motion duly seconded, was adopted
by unanimous voice vote.
Training of Law Enforcement Officers
Ordinance No. 1996 accepting the requirements of
Section 13522 of the Penal Codc-relating to training of law enforce-
ment officers, was given second reading, and on motion duly made
and°seconded, was adopted by unanimous voice vote.
Amendment of Sec. 33.40
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A proposed ordinance amending Section 33.4.0 of Codified
Ordinance No. 5, Liability Insurance Required (Article 33, Streets
o and Sidewalks) was presented by the City Attorney, and on motion
duly made and seconded, was accepted for first reading.
a Monthl Report of Controller
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The monthly report of the Controller for December,
1960, and the fiscal year to date, was received and filed.
Aid ustments to Tax Roll.
Upon recommendation r)f the Controller, and on motion of
O Byxbee, duly seconded, the following adjustments were mad<•to the
Tax Roll for 1960-61 by unanimous voice vote:
a) Parcel No. 23107-8 Tax Bill No. 15047-A
23109-10 15047-.B
• 231"11-116 15047-C
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Assessed Valuation (increase in tax roll)
$24;940.00
Tax Bill: $199.52 Adjusted Amount (increase)
The reason for -this adjustment: Addition of three
parcels to the roll which were omitted when the annexa-
tions for 1960-61 were processed.
b) Parcel No. 11106 Tax Bill No. 10367
Total Assessed Valuation adjusted from $3, 330 to
$2,330. Taxes adjusted from $26.64 to $18.64,
a decrease of $8.00.
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Reason for adjustment: Two exemptions to be granted
instead of only one. One exemption was omitted when "
posting to the tax :Toll.
c) Parcel No. 15765-68 Tax Bill No. 13151
Total" Valuation adjusted from $6, 540 to $6, 000;
Taxes adjusted from $52.32 to $48.00, a decrease
of $4.32.
Reason for adjustment: To remove building from, tax
roll, as it was demolished before the first Monday. of
March, 1960.
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d) Parcel No. 23687 Tax Bill No. 15517
Total Valuation adjusted from $9, 100 to 0; taxes of
$72.80 cancelled.
Reason for adjustment: Granting of "exemption to
the Home Mission Christian. Reform Church. 4 a
Resignation of E. V. Arbuckle from Planning Commission
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A letter was received from Edward V. Arbuckle submitting
Ms resignation -from the Planning Commission, effective irrimediately.
It was moved, -:seconded and carried that the resigna-
tion be accepted with regret, and that a letter of appreciation: for
his services be sent to Mr. Arbuckle.
There being no further business to come before the
Council, the meetingwas declared adjourned at 8:55 p.m.
ATTEST: i' ' ;.C_ . & r
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City Clerk
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