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HomeMy WebLinkAbout09281938City Hall, Palo Alto, California, September 28, 1368. The ,Council; ;of ;the, City of Palo Alto met on this date t :60 P0M.,. pursuant to adjournment of September 12, 1938, ;A ith Mayor Salzman presiding. Roll call as follows: Present: Blois,. Bonham, .Cashel, Collins, Cypher, Goddard Merrier,; Mitchell, Mossier, Salsrnan, Thoits. Lbsent: Costello, Richards, Thomas, Wood.. In regard to the minutes of the meeting of September 12 138, Councilman Cashel referred: to the votes recorded on Resolutions No. 1217 to No. 1222 inclusive relative to the PWA street paving project, and objected to the record showing that he voted No on ;each of ',these six resolutions, since only one roll cell. was taken. He asked that the record be corrected as he ei ; ht have voted, differently on, some of the resolutions if seoarate roll calls had been taken. Reference was made by the Mayor and the City Attorney to the statement made .by the City .ttor.ney when the resolutions ie (uestion were considered, to the effect that only one motion tiles necessary to adopt all the ;resolutions which related to the seele subject, but that . the record should show that each was dopted separately It was understood at the time that all eounciirnen were voting with the knowledge that they were voting ova six resolutions although there was only one roll call. The City Attorney ruled that no change could now be made in Cou,acilman*Cashel's vote. It was directed that the minutes of September 12th be corrected to show the statement of the City Attorney and to show eeee the Council was fully advised that although there was only one roll call the six resolutions were to be considered as eevi g been adopted individually. As thus corrected, the .n.Leutes of the meeting of September lit, 1368, were approved.. Hearing on ARA S tre,et Pay:1.22g Project The special. order of the day was the hearing, in nc e with Resolution of Intention vo . 12` "` on yr r Vr MG« V � � 1 I tv FY, the o cosec. improvement of Boyce, , Fife, Addison, Kingsley, Melville, , elifor nia, Vvashington, ,Nevada and Palo Alto Avenues, and ;,ebster, Byron. and Wellesley Streets, and right-of-way in 4ieutefield Road. leffidavitsof posting notices of public :improvement, ma.; lino notices of the passage of the resolution of intention, e a of the publication. of the resolution of intention were : esentea and placed :on :rile. v'yritten protests against .the proposed improvement were rereceived end read from the following: Lois E. Warren, against '_ =1E paving of Boyce Avenue; F. Forzano, against the paving of o; Ce Avenue; iirs., Georgia King, ',against the improvement of :i.e.gsl.e; venue; ,Mrs J. Hoff, against the paving of Fife Avenue; N. P. Gordon, against the paving -f Byron Street; and Frank E. against Boyce Avenue improvement. .There was alsoreceived a petition against the 2 -vin of Melville Avenue, signed,y/� r: by the following property o •. n `. r s Mr.. Robert E. Franck, al:Lek Ida 4 , rd �. 1 ,, da. Leland, Margaret 'l . Johansen, e- s. Jean B. Balcornb 3 d r zr �f ord , Catherine and Sarah D. Harmer, , . S. W. v B. JeBien X. B. 'Wright,: ,irs. Paul D. Culver, Joseph :: Ochs S. R. Kellner, r: L. F s r , Helen Walker, fir,,. F.stels: ,et . aver. s, and the Estate of yyhidden: D. Mosher. ,Opportunity was given to members of the audience to address .the Co c.l.., and the following made oral` objections: T. W. .ion. Ha,4:ht, against paving of Boyce and, F if, e Avenues; John shelf, , against- Fife Avenue; and Mrs. ' Esteli Matravers, Qrs.: 'Rob.ert ; , r'raziCie, Miss Catherine Harker," iiss K. E. :aright and J'. W. Gates ; :.nst the paving of Melville Avenue. irs. May Coons Wilbur addressed the Council with reference : to the, dedication byher some years ago of eighteen feet :at the intersection of Boyce Avenue and- Seneca Street, stating that "? it was she ;. understanding at the ; time she deeded the property to tie City. that she would not be assessed tor - intersection ;charges, when Boyce Avenue was paved. She was advised by the - Mayor .that her statement would be investigated and taken : under consideration. The : protestants against the paving., of :t+ielville !:venue stated that, they, felt: the improvement is unnecessary; that a new pav d ; street. would increase the traffic which was undesirable,., and that the repairing; of the shoulders was the onlyw rk required. The City Engineer advised that the center strip . on Melville Avenue ha,a been laid by the City a number of'years ago and that it had been maintained at city expense eversince; that the property owners had never paid for any -improvement to the street except the construction of curbs, and it.. was felt that the City was not justified in continuing to maintain, the street at city expense. Reference was made to a canvass of the property owners when the paving of telville Avenue was first contemplated, showing that a majority of the property owners answering the communic'ations were favorable to the improvement. A chart was presented by the Engineer 9 s . offic: e s howin- the total area to be included in the assessment district, the lineal .Feet of frontage affected, the approximate cost to property owners and the approximate amount to be contributed by P;A, and the typeand condition of the present surface of the streetsinvolved. It was pointed out that -none of these streets ras ever been improved at the expense of the property owners. It appeared twat the protests represented a little over ten per cent of the total area in the district. The aavantage to property oi.ners to have their street. pavedunder the plan proposed, with the aid of a Pvi i ;rant, was pointed .,out by Councilman Mitchell. It was also brought out in the discussion that if the PWA grant is not securea t'.e whole procedure will have to be abandoned. It., Charles M. Go11a, a property owner on Forest Avenue, protested orally against the paving of Fife Avenue end asked' what "steps had been taken toward the closing o: e por tip~ of Fite Avenue as requested in ' petition presented 4t, the Jose, 'council meeting. He was advised that the petition is __oe before .the Board of Works, Planning Commission and Committee ttee - for consideration. The City Attorney ruled that ;fir. (olials o c.est against one paving o_ Fife e Avenue could not " protest � +� �, � =� - �� � � be Co:2�? tee. -4 as a valid protest .against the proceedings "since his proeertr is not included in the assessment district. Jerome Bowden, a property ov ner on Nevada ri4 e ue, addressed the Council in favor of the paving project, ago pointed out ,the ::advantages in proceeding under the proe osec project. and a 1no' that the It was e: that bon(. a ten-yeo estimate; r.r 1 and f i �.,,:,.� property the asses, the folic c This reso notice i be h ereaf City Atto: receiving the grant continue ,. . ordering Monaay, tc aetermini,a proposals. Clair; concerning account o:: received b the City A' legally _Lie the opin e allowed. Blois, the claim deniE Beer o 4 tion of t^:{ -*or a bee: license pre 127 _ Be,solation . 1224-, overruling protests, was read, a:zc a motion was made by Mitchell, seconded by Ars. lerner, „flt, .. the .. esoiutl on,; be adopted. The .,niter '.was further discussed by council,. members. It was explained' that as,se:ssments need not be' paid in cash; t :.at bonds, will .'be i ssr«.& whereby . paym:ents could be extended over a ten-year period. It: was, pointed out that only tentative estimates are av i,1ab1e now and that when the work is completed end final se•as xents , prepared ,taere will be an opportunity .for property owners to <be, heard.. `if :.:they have protests to make against the assessment,.s. The resolution. overruling protests was adopted by the fo1 oetng vote on roll; call: Ayes: .•Bio .s -r Collins, Cypher, Goddard, Merrier, Mitchell, biosher, Salsman, ihoits. Noes: Bon'rham, Cashel. Resolution No. 1225, ordering work, was read. Tills resolution provides. for ;the, posting and publication of a notice inviting sealed proposals to bereceived upon a date to be •hereafter fixed by the Council. It was explained by the City Attorney that the Council ,can notdetermine the date of receiving bias until word has been received from the P'NA that vre grant has been allowed, and that -it would be necessary to continue the hearing to the next meeting. On motion of . Aosher . and Collins, the resolution craering the work was adopted by the following vote on roll call: Ayes Blois, Bonham,Collins,Cypher, Goddard, Merner, Alitcheli, Mosher, SaIsman, T'rnoits. Noes: Cashel - 0 This resolution continues the hearing, to 7:30 P.M., Mr; Ada; , the 10th day of. October,' .1938, for the purpose of deteL:a :aing and fixing the date for - t -he reception of sealed preposa1s Claim for In: ' ur a communication was received from the City Attorney corleerning claim of Mrs. Chester W. Barker against the City on account of doctor bills .incurred as a..resu.it of injuries l eceivea by :her daughter on the playground in Hinconada Park, t e City Attorney stating treat , in his opinion the City is not itioaliy liable and recommending that the claim be denied. . : letter was received on this +natter from Kenneth R. aetorney for :Are ,.:and Mrs. Barker, disagreeing ' with. the opinion of the City Attorney and asking that the claim be. ;., o�; This natter was discussed, and on motion of Mosher ;:end s, the opinion o. the City. Attorney was accepted and the claim derailed. Beer License t • A .notice was received from the State Board of Egezl iza- s of the application o� .Llo a H. y ' Sietzen, 3409 1-1 Camino Peal, ,r a beer license. It appeared t'nat this covers a transfer 4f license previously issued to.. R. E. and C. C. Warner. 0n :duo vion of Cypher ,and;:Bonham, it was directed that the general letter of protest already on file with the State Evard 3! Equalization be considered sufficient in this case and: that no specific protest be .me.de. Bayshore Highway A communication was received from Kenneth R. McDougall, written on behalf of a number of residents on University Avenue, ;objecting to the proposal to erect a .urge Palo Alto directional sign at the intersection of: University Avenue .and the baysbore ii.ghmay, and requesting that a representative of. University Avenue residents be permitted to recom ena address the • Council on tkiis matter. app1icati zing addi at this t considers recommend completi addition lir. Burt L. Davis, a resiaent of University .Avenue in Crescent 'ark,- addressed the Council on this matter, objecting to the erection of a more prominent sign at the University. Avenue =intersection of the Bayshore Highway, which would ;d to an increase of traffic on University :Avenue. He commented on the noise and speed of traffic on this .avenue at present which is very annoying to the residents., and suggested ..that :i.t a large sign is constructed at the Un .versdeoi Avene..intersection. similar signs should be erect.edat other entrances to the =city so that the traffic from the Bayshore Hignv ay would be more evenly distributed. Reference was made to the fact that the Council. on September 12th postponed action on the proposed sign at the request of the Chamber of Commerce, pending receipt of further information on :cost estimates and location, which the Chamber of Commerce expects to submit to the Council on October 10th. Ir. Davr:s was informed that he would have another opportunity to present his protest to the Council at its meeting on October loth or whenever the mutter of the sign i:, again considered by the Council. In his remarks to the Council, Mr. Davis made the statementthat the trucking ordinance, which prohibits trucks with a weight: capacity of too tons or more from using certain streets, was not being enforced, and that ne' had been i fonzed thattheChief of Police aaa stated that this orainance v.i:s unconstitutional and was therefore not being enforced. The Chief of Police denied. that he had ever made such a statement. Mr. Davis was advised to present his complaint that the trucking orainance is not being enforced to the Boar of De":oie Safety. Appropriation for Paving Project A report was received from Committee No. 4 recom:ne.2. . that an ,appropriation of x;2500.00 be made from the balance to oay for the City's sha e of the Pli A street :paving project bn. motion of Thoi.ts and Cypher, this recomme.nc.a7.io n was approved and the"appropriation authorized by u eenleea us �c"= on roll call. Painting Ppiice Court A report was received from Committee No. 4 rest:.. ing that a sum- not to exceed i600.00 be appropriated for 7,-E, purpose of painting, the woodwork and walls in the stairv.aY halls, court room and office of the Police 4ourt, this appru- priati,-m to be :wade from. the Conti gent Fund. 3n rnotio.. Mitchell and Bonham, this recommendation was approved r appropriation authorized by unanimous vote on roll call. t;1at share of appropri fund for r ec;uirem that the appropria explained the city the preser recommend waz deter:r projects. incl udzn,, pointed c� was desire fees would zade by Co for eniarg the import recom e da ;*a..,874.00 of the cit. J. J necessary t from the u Cyoner, the z•. i t ndrawa? sum of c Z w7,.. to pay tae referred to or the pop is reimburs possible to Ttxe City At ueeri dec.iar .es a possib a„ Mate of. an al1ovatj, cridge pre j Aperopriations- for PWA 'Pr..•o-eets .'CIt Hall and '' ibrar report.'.was received from Committee loo. 4 recommending that the sum of 45,474.00 be appropriated for the sponsor's Beare of the PVea project for an addition to. the City Hall, this a eropriation.to be made from the unappropriated balance, and a fund for this purpose to be set ' up in accordance with the r eeuirements of the PWA.' A report was also ' received from Committee vo . 4 recommending the adoption of: a resolution withdrawing the application for a PWA project for the construction of a west eing addition to the Library because of lack of aveiiable funds et this time, the project to be reconsidered when and if PWA cv.rnsiders dditional applications. The colmittee also recommended that no appropriation be made at this time for the ce pleticn of the plans and .specifications for the west wing eddi tion to the Library. A motion was made by Mosher, seconded by Blois, teat the recommendation of `Committee No. 4 in regard to an appropriation for the City Hall addition project be approved. Councilman. Blois,- Chairman of Committee No. 4, explained that the , committee had come to tne conclusion that t e city hall addition was of more importance to the city at trne present time than the addition to the library and nad recoamended an appropriation for the -city hall project after it vas aeter_nined that funds were :not available at present for both pr ejec ts. The sponsor's share of t.oe library addition, including certain necessary equipment, was 7,556.00. It was pointed out that other equipment, not included in this estimate, was desired by the Library Board; also that a sum for architect's fees would be required. Mr.s. :Lerner referred to the etudy ac.de by. Committee No. 3 during the last fiscal year en the need 'er enlargement of the libraryand expressed her oeinion as to tee imocr tan_ce of completing this project. The vote on roll call on the :motion to approve the recommendation of Committee No. 4 for an aperopriation of .5,674.::0 from the unappropriatea balance to pay the City's share ef the city hall addition project was as follows: s: Ayes: Blois, Bonham, Cashel, Collins, Goddard, Mitchell, Mosher, Salsman, Thoits. Noes: Cypher, Merner. The motion was declared lost as it did not receive the necessary ten votes required to make an appropriation of funds _ror, the unappropriated, balance motion was then ` m=ade by Yrs . Merner„ seconded by Cypher, ; that the recommendation of Committee .No. 4 for the . vdtnerawai of the library project be not adopted, and that the _ •„ It '.1r 47,556.00 be appropriated from the unappropriated balance eo =ay the sponsor's share of the library project. Luring the discussion of this motion, Councilman Blois re -erred to the sum of °x.4500.00 appropriated at the last meeting toe ropeStreet bridge project, and stated that if the city - reimbursed for this amount; from the gas tax funds it mi.gkt be pc ssi,ble to carry out both the city hail and library projects. =-t' City ;kttorney advised .that, ,although Pope Street has not `ec.iazea a major street for the use of g e tux funds, there =s a possibility that this sum may be .^.11ocated from the gas tax aZ etate officials ;have advised that they wile endeavor tohave a = el location ;Wade to cover the city's sire of the Pope Street crecee project regardless of the fact that it is not a major street and that the gas tax funds have already .been allocated to" the .graQe-:separation project. The vote on roll call on the motion made by ,,sirs. Horner and Cypher in regard to the i.ibrary projec was as i'oiln�sx.; Ayes: Bonham, , Cypher, Goddard, Merner, Salsman. Noes: Blois,Cashel, Collins, Mitchell, Mosher, Tho.ts. The= motion was ,declared lost, It was then moved by Cypher, seconded by Cashel, and carried that . he'Council reconsider the recommendation of Committee 1o. 4 in regard to an appropriation for the sponsor's share of. t,ne city: hail addition project. ,,,..3n motion of Mitchell and Mosher, the recommendation of Committee Noe 4 that the sum of €5,874.00 be appropriated for the sponsor's share of the P'fvA. project for an addition, to the City :Hal, ,this appropriation to be made from the unappropriated balance, and a fund for this „purpose to be set up in accordance with the requirements of the PVJA, %as aaopted by the follov'inz vote on roll. call: Avers: ,Blois, Bonham, Cashel, Collins, Cypher, Goddard, Mitchell, Mosher, Sals an, Thoits. Nis: Merner. Street Li ntiz A report was received from Committee No. 4 reporting to the Council that, in line witn the communication fro::, the Palo Alto ,Residents Club, an appropriation has been sna e in t::t budget for street lighting improvements to be made curing L e year. This report %as acceptedand it was directed that is information be transmitted to the Residents Club. Appointment to Library Board The layor nominated Mrs. F'. D. Cathcart, Jr., as a temporary member'of the Library Board to serve during, the absence of firs. Victor West v,no has been granted leave annul next J une . On motion of Mrs. Merner and Mosher, this nomination was confirmed. h .00intr ents to Plannirpx Planning Commission The :Aayor nominated Mr. C. E. Ashworth and air. Ellis for re-appo'-ntaent to the Planning Commission, eau:. _or a four-year terms their terms having expired: on September .e, 1938... On motion of Blois and Colains, these noainati.ons v;ere cdnfirmed. On: lotion of Mosher and Coll ins, the Council adjourned, APPROVED: May o r, session Roll ca: .Pri Abs approved RE tenderi n, Safety, accepted apprecial member of Dr. Thom Leav for leave state. granted. Pantry Si, license ai No. 5. S,n Deveiopmer plan of a,: requester the City's this organ addressed orgeni zat.i plan to Co committee. was direct, Com.;neres b, question to