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HomeMy WebLinkAbout02271929City Hall,: Palo Alto, California. February 27, 1929. The Council of tbeCi:ty of Palo Alto met on this date .t" 7:30 p. m.„ pursuant to adjournment' .of February 11, 1929, with Hoge presiding. Roll call as 'follows: Present: Bertsche, Chris'tfAnsen, Cottrell, Hobart, Hoge, Johnson, "Kelly, La` rsten, Thoits. Absent: 'Cathcart, Jordan, •Thorn:as, Whlsl er, Wing, Wood. 0n motion of Bertschie and Christensen, the minutes the meetings of February 11 and' 1S, 1929, were approved. Bids on Sidew.alks,. It was announc ed that this was the time for receiving bids for the construction o;f : sidewalks and sidewalk corners in the City of Palo Alto, under„ Resolution of Intention No. 717. The following• bi,-ds were received,' opened, And publicly declared: Name of Bidder _ Total Amount of Bid G. W Cushing L. A. Bache/der Wells .P.Ooodeucu; $9.024,251 9138.50 9554.36 (Bid of Goodenough not, valid as 3t was not" accompanied by a checkor bond.) N. . Ball A. Casqueiro & J..0 :•Vieira Thollander Const. Co. Hanrahar,.:,. Company Joe Ferioli Fr D.Bettin .' Wiggins and Kaiser U. S. Clinton J H. Fitzmaurice Godegast , .: Willson: & Ramey i7i:llo & Bosso Bl r k & Campbell 9699.61 9825.02 9860.08 9879.66 9994.23 10319 91 10570.37 10889.22 11279 ..24 11684.70 12490.30 Uri; x otio.n: of Tho:its and Ber.tschp-, these bids ware referred: to. the City Engineerfor; tabulation and report at the next regular meeting on,March 11 929, at 6 p. m. Canvass of Returns. Annexatioa Election • This • being 'the time for the canvass of the returns of the• election held. in. outside territory on .February 26, 19"29, to vote on. the'lannexation -of said territory to the City of PaloAlto;, the Manor' appointed Thoits and 7ohnson tellers., who or. oceeded_, to canvass "said returns•: and'�reporte'd`:that :61 votes were cast at said' election, `41 votes':being in favor of said •ar_ne;xatlon and 20 votes aC ainst said a nexation, On .motion. of Th di:t;s_ and So in.son, the following resoles tion dclaring . the rer-*lt of `said election was passed by unanimOus vote on";xo1l •-calf .: P II T :W N O,. 728 STATING THE RESULT 0E- THE CA4VASS OF THE SPECIAL ELECTION '. :;ELD - IN OUTSIDE TERRITORY FOR THE PURPOSE OF ANN. -!Ii r; SAID TERRITORY KNOWN AS .SOUTH OREGON .AVENUE TRACT, TC' THE CITY OF PALO ALTO The Council of the Ca t Alto DO RESOLVE as follows: THATWHEREAS, this Council did, on the 22nd day of January, 1929, pass its resolution calling a special election for the purpose of submitting ,the following proposition to the electors of said territory, to -wit: That it i.s proposed to annex to, incorporate In and make a part of the City of Palo Alto, the territory sought to, <be annexed herein described, together with the proposits:on as proposed by the petition of electors of said erri:tor y,.: -on. file, that said new territory shall be annexed to, ineorporated in and made a part of said municipal Corporation; and., the property therein be, after• .auch annexation, subject to taxation equally with the property within:said rzunici.p;al corporation to pay . the specified. portion Of the bonded indebtedness of said City outstanding at the date of filing of said Petition: .ion: That this Council finds that said electi on was duly called and held on February 26, 1929, in accordance with an Act of the -Legislature approved June 11,. 1913, as arie:nded to date, in said outside territory,, and: -that the electionreturns• of said election board have, been duly filed with' the City Clerk of the City of Pala -Alto -1 and are now -before this legislative body at its adjourned ;regular neeti'ng before th.e expiration of four days, front and after the date of `said .`election for the purpose`;of this body canvas.si ,g.''th.e returns of said. elections That ,.this Council finds from the canvass of the returns of said:election held i_:, said territory prb:posed to be annexed.,. that the total number of votes gijven and cast therein on said annexation was 61 votes; that the total number of votes given and cast therein for;; and in favor of said:annexation annexation was 41 votes; that the -!total number of votes given and `cast therein against said 'annexation was 20`votes That this Council finds .from said canvass. of the returns of the election held in the term Cory `proposed to be annex to the City of Palo Alto that a majority of a said annexation as in favor of such annexation. 1 votes-d':ast in such outside territory one the election of That saiid territory proposed to be annexed is described, officially, as south Oregon 'venue Tract, and ..s particu? arl r described by metes and boundes in he petition for and ordinance calling said election. For a further description of said territory,.. reference is hereby made to a map attached to the petition. ofthe -electors on file at the city hall in the City of Fa10 Alto, which' map' shows the exterior boundaries of said territory. :That -the City Clerk of the City of Palo Alto is hereby dj recte.d to oause this resolution to be `entered at large upon .the minutes of the Council meeting'of this date, as showing the result of the completion of the canvass made by this legislative body. :The above and foregoing resolution was dully passed by the •Counc•i i of the City of Palo Alto at its ad„ou,'ned regular meeting held on the 27th day of February, 1929, by the fd'11o'ti ing vote: Annex. as !S; Vote : Held readi� ordin and T. direct to the of the Er:bsr; Supery snnexa State indebtr this !r11: the prc can be share o the res appro pr . expense: being s: additio: aalowed checkinc it cc nn ' amnexati Jet a he:, Christensen, Cottrell, Hobart, Hoge,. on AYES o ns , Kelly austen, Thoits. NOES:. None. ABSENT: Cathcart, Jordan, Thomas, Whisler, Wing Wood:. Approved: Frank G. Hoge, Attest:E.,;L. Teach, Mayor City Clek,. STATE OF CALIFORNIA SS COUNTY OF SANTA CLARA CITY 0F PALO ALTO I, E.. L. BEACH, City Clerk of the City of Palo • Alto, hereby certify that the above and foregoing resolution was duly -passed by the Council of the City of Palo Alamo on the 27th day of. February, 1929; that the - said resolution was thereafter duly entered at large upon the• minutes of the Council as above directed. E. L. Beach, City Clerk. Ordinance #444 (Annexation) Passed: Ordinance No. 444, entitled "ordinance Approving the Annexation of Outside Territory,:, Commonly Known and Designated as 'South Oregon Avenue Tract' ' in ' accordance with the Ms ority Vote in Favor of said Annexation.Ca,st at the Special Election and_ Held in said Outside ,Territory"; was read and passed at first reading, as provided by 'ordinance #160 relating to the passage of ordinances required to be passed. by State law, on motion of. Thoits and Johnson by unanimous vote on roll call. 0n motion of Sertsc e and Johnson, the City Clerk ;waa directed to send immediately a certified copy of this ordinance to the Secretary of State for filing. Petition for Annexation A: -petition was',presented, with signatures of 203 electors of the City, for . the, annexation o.f uninhabi.ted territory known as 'Embar..cade-o Oaks':. A ,resolutions giving notice to the 'Board of Supervisors of the, County, of Santa' Clara of the petition for the annexation of uninhabited territory was read. It was explained by the City Attorney that under the state law such .territory can not be taxed for any past bonded indebtedness of the City. 0n motion of Thoits and Christensen, t:,is :ratter was referred to the City Attorney and the owners of the property proposed: to be' annexed, to ascertain if some agreement can be worked out whereby, the annexed territory would assureits share of the bonded rdebtedne.ss and thus be on an equal basis with the rest of the city. .Flee tion Claims Allowed. 0i, motion of Thoits and the Kell apprepriat:ed.r.:fro;t fund y9 the sum .�. of 25.00• was in the budget for election expenses, to pay for theservices ervice5 of the election officers, .$5..00 being paid; to each of` the:: three election officers, and in addition., $5..00 for :tie, rent of the ,polling place, and .$5.00 s lowed .Wir. Rothschi'1d for his. wo*r►kin assisting the City Clerk in checking the list'.of voters in the,precinct, these expenses being An connection wit tire, election .held on Feb. 26, 1929 for the annexation of "South Oregon... Avenue Tract". w VI Concerning - :" mbarcadero S,ubwa The City Attorney reported that an election: for a bond issue to pay the city's share of the proposed Ezrbarcadero subway cannot be called. until the exact cost of the subway is determined. He stated that engineers are now working on the estimates of cost for the subway, and that the pavers relating to this .:matter will probably be ready for presentation to the Council at its next regular meeting. Offices to, Close March 4th On lotion of Hobart and Bertsche,. it was darested that the city offices be closed until one o'clock on next Monday,, arch 4, 19:29,,in order that the city officials and. employees may have an opportunity to hear the ceremonies in connection with the inauguration of Presiden'; Hoover. Resignation of Dr. Sharp • A letter was received from Dr. James G. Sharp tendering his resignation as a member of the City Planning Commission. On motion of Thoits and Christensen., the resignation was accepted, and the Clerk was directed to send a letter of appreciation and thanks to Dr.SharW for his services :while on the Commission. Bill from Chamber o f Commerce Communication ; was received from the Manager of the Chamber of Commerce enclosing a bill of w345.00 for the a.istribution of Palo Alto folders from the Foster &: Reynolds Company, with ,the :re=quest' that this bill be paid from -the Municipal Welfare Appropriation. This matter was referred to Committee No. 5. Letter .from Council of South San Francisco A letter was received from the City Council of South San )'rancIsco' oonc'ern:ing the matter of lighting the new.,Bayshore Highway, >uggesting that the lighting system should be uniform through the difre7rcnt cit'.ies *pro. counties and asking that a committee be .appointed` to meet with committees from other cities for the purpose of. discussing this matter. On motion of Hobart and Bertso] e, this Communication was referred to Committee No. 1. Letter from Mr. Stafford A' •ci'rcular letter from James G. Stafford concerning assessment of property was received and placed on file. report of Board ;of Works A report:was: received from the Board of forks .recom :ending the street pavi'n_g program for 1929-1930. As the City ;will nave to bear a portion of the expense of paving, or. certain 'str e.ets, the matter was -referred to Committees No. 1 and.. No . 4 for corisderation Ordinance on. Building Area A report; was received from Committee No. 1 s tat ng that it had' considered'.the "let.ter from Dr. S. E. Moore referring to the proposed ordinance amending Sec. 1004 of Codified, Ordinance No. 3 relating to nui.lding area ;of corner lots in the third residential district, and'had also: re-co-nsidered the proposed ordinance and recommended that the ordinance be. passed. Ordinance. No . 445, relative to building area,was given second reading.. After' discussion,._ on motion -of: Bertsche and a NI Kelly, except matter c Stanferc recomme: further No. 2 re 31 of ?a of exte be not The join written this or,_j re fe rre ci Christen applicat: that in c of such the prowl the grant authority with the to a let officers 6afety in was no mi; Attorney in this m be taken c report way Urdi that the n automob{ le automobile and Christi of land at Avenue, Con triangle o{ to negotia; ascertainir of this ^la owners m gh City. might safety pur-e adonted. 335 the ordinance wash adopted on roll call, all voting Aye except Hobart, who voted No. _As to Opening A1107 Committee; No.. 1 reported that it has considered the matter of opening; an _alley in Block 50, College Terrace, between atanford and Oxford Avenues, and is not yet ready to make a recommendation on. this matter<`as it desires to rive the matte: further consideration. steport on Exterior ��alls A joint `.report Was received from Committees No .1 and No. 2 recommending that the proposed ordinance amending Section 61 of Part. VI,.of Codified Ordinance No. 2,relating to alteration of exterior walls of frame .buildings in the commercial district, be not adopted as the .existing ordinance is deemed sufficient. The joint committee also reported ,that it had considered the written opinion..o"f• the City Attorney on this subject and returns this opinion .to .the Council with: the recommendation that it be referred to the : Board of Works. On motion of Bertsche and • Christensen, she- report of the joint committee was approved-. Councilman Christensen made a statement in regard to applications ,:for permits for alteration of store fronts,st:ating that in order to prevent criticism of the Council in the matter of suchpermits., he would like to have it understood that unde), the provisions ,of the.; charter, the ;Council has nothing to do with the granting' < or withholding. of permits, as the Council's. nuthority is - only legislative,while the executive authority rests with the : boards., Report of; Committee No. 2 A report was received., from Committee No. 2 referring to s. letter alieging,:mistreatment of Miss Viola Espl. nosa by poiice officers of this; cltT,.. 4uo Ling the, action taken by the Board of. aa±'ety ir. this rnatter..which upon investigation found that there: vras no ;1istr'eatnent:o1.:Mtss E,spinos-a, and stating that the City- Attorney, had, ,'advised .that : ro 1e ,a1;. liability by the City' exists is this ;matter. The 'co mi't.t:ee recommended that no further' action tie take-n.,;on thi..s :matt;;er . an mo.tlon ' f Bertsche and Cottre l this report -was ' approved. Ordinance on 'y r e e1tn o'f Automobiles report,; dd'as received from Commi.ttee No. 2 r ecomtending• that the proposed ordinate .relating to means of identifying ^utomobi1e.s ordered .to be; wrece'd be adopted. -.:Ordinance No:: 4.6, relating to the wrecking, of autodobiles. was _given second: reading, and on rroti,or: of Bertsche and Christensen,` was; adopted by unarni::nous vote on roll call,. : feeferring to :the. matteen'of the purchase of the triangle of :land -at, • the .intersection of Middlefield Road and Palo :Alto Avenue:, Committees No. 4 :recommended: that the anpraisa.1 of.., this triangle of .and be checked, . and 'that° the Board of Works be asked to negotiate: with ad j,acent property':. owners; with a vies to ascertaining -,if they care to,;, join;the city in a joint purchase of this plat of land, the .lie 'bung • that these adjacent prone rty owners might desire: to, increase the size of their lots and the City:might purchase the.-amount.,;of tie point of land necessary for safety; purposes. H On rnot;io:i of .Cottrell and Kelly, this. report was adopted.' t • 221. rx:IITLII s.essmen.ts on Gcore Corners Referring to paving of gore corners reported that there is further appropriation, action: in. this: matter report was 'adopted. the matter of the assessments for the on Channing Avenue, Committee No. '4 great doubt as to thy: leg lity df any and recommended that the- Council take no On motion of Bertsche_and-Ke11y, this Closing of Acacia Avenue P ferring to the matter of closing Acacia Avenue, a report was received from Comm ttee No. 4 stating that because of uncertsirty.:as-to the title of certain lots it is unable et this time to make a recommendation concerning the closing of thisoavenuer,-,but it suggests that the parties concerned: get together and agre,e upon a program so that the Ctty 'nay go ahead with .fu1:y knowledge o;f all conditions that apply. Mr Cutler, _representing the Sutter Packing Company, was presenti and addressed the Council on this matter and re;luested immediate action if possible, as the packing company desires to move .the spur track and erect platforms as soon as the street is closed, and wished to have this done in time to began their, season:$ s work by the middle of March. Be stated that his. company does not need the lots owned by the City but` that' they are willing to sign a wxitten agreement that they wili,purchaseothe lots at a certain price to be agreed upon as soon a.s the City receives a clear title, and he requested that the ciosing of the street be not held up on this account. The City' Clerk informed the Council that the owners of two lots on A.cscia Avenue affected by the closing,and attorneys representing themo wished to be heard on the matter before the Council takes. final action. After discussion, it was directed, on motion of Bertsc1-e and Christensen, that the Council have a special meeting next Monday, at 7t 0 p. m, for the purpose of deciding upon the matter of closing,;_AMacis:. Avenue between :Hirst and Third Streets, Mr: -Cut].er; fir. ' L.ouis; Sanders, Attorney Reed, Attorney Coleman, the representative of the Southern Pacific Company, and any other::persons interested, to be invited to be present at this conference, Deed to Widen Ashby Avenue A deed ,was presented from the Dudfield Lumber Company to the. City of Palo. ;Alto covering land for the widening of Ashby Avenue.' :'On motion of Christensen and Cottrell; a resolution accepting this deed was passed by unanimous vote on ro 11 c a1'1: Concerning ,Bond Issues issues The, City -.Attorney explained that, by a- recent amend- ment to the state law, it is now possible to submit bond propositions, such as : that of the proposed subway:and and the hospital to the voters' at the time of the general election in May, the votes being counted on ems. proposition itself, it_:being -:snot,necess_ary for'tY e' propositions to receive' s. twe-thirds vote of the total number'.of -bzllots cast at the election:. .The question 'of".pre.sentingband propositions to the voters at the May election was referred to Committee No. 4. to Monday, March 4, 1929 Approved: c at r the City ;this WAS- conc obtai file Board was t bet e ?aCk3. matte exam:. des{ rc spur 1 and The - p to whi lit.igf Conpa: the o: Col.i. on th' 310 Lk the c: addr e : prof.: need • :ftF -Jots member also : strip Lots put u appra