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08081955
t7 ill, Palo session The C°urioi. August 8, 2955CaIs ° i Roll on call 1 of ; call date he Ci; as follows: Council 8t 7:30 y Palo �'s+e with �t in Present: amebae Porter regular dale:,. i Corcoran, C Preaidsng. Abaen t Rndge�s ° t upPe rsa i, Cummings , • aIshoP �. h izy S ?sahhelL� rapt$ �sp � 's' - Weed atement ses$1°en to This way t C°ds�s-,�d. Q�'czr mead $ba time:and gufr trti:t.'Z;:pifi,ire8:::SeP atament, Pled $ett ed_ b' ashast1I �'. Pray t°� s'wh�ch,e his.report rt ed in Artsclarsngon as- poai�dtobeha beenListing the a andeg4gel;)%gl1LgIttar that all oe 32 �c } or. hearing �'ae : dec es'sed 8g 1 avad' to 2e ts`' or °tices as He s a tad °fi. h3a $1.sIa a.a�do er at proW e ty a'as oft thsyproter Mho is thasad the �oarty in theProCe tes ordetbhex: e s e Cthe aseas ''boss $ use them Caetna dare gor and ity unt giants be ing Pr°pest Is° geed�batet� n�•they axso °bil �e�trthe abat�hetr Aro_xhe the aunt opPertp in City At.�® tono.char EI Camino rriey.. ads nth°d and Year; Se-°nan Nb.Z ey ised-that the cedars _ :Altrh atior� propert-in 'that lave ar c or'w and �`abateenAort an �Resolut � toht� � ��etutdt'�.Attorney tab te�,h� II besessments on °-dh fiats�of �e�nt� � 26�t� ,conk he °fattex► of pro 13c��I. inga nnfer AataBrat irmlng wsintro2n+d°Pte intro a 's. - b$r�sder ,ma,� duceo:.Wi '�nn$xat by Dante°u$ gvnuba�s Aletter-was et io e re Iisg ZLdM°°d �` is a °dAnrxe Heists'Section o�,es°xutson X yta�,ci$�uit© �reerallyse�'t°fir Z2this .ax�a °• �6�5, e,� and�ox:dad b , x�SS and eat,giving natic y .Rod�er�;�aa .�tttrodu�g � ha;�rsn e°t ths, that the ed• ,� mat an th$ presPosad an81Zee.in tom$'C°rco ra8°3utian bZdn �'as ttex• PorZ t xhen eBrea; andn '°� ted`:ti t a adopted.de by � b+se, sl ot sixes bbereg a a edthat its Za �oAce�. �'-when a txeens-® xed and be made wed aband x l y `$db , 00 and the ion, a matte out Iot its arm' cahlise� : th�gt '�,alio a ir�g astab r °r rQc©t /t Attormast d be Shat . an °rd�inanic ft• in this hey,tard• thee- nexat4 a .t aflretwads e'atabL'Zsl�s tract.on has ���o�i Ge��an$�th���s at � �L Cng a �on,i �e rOjl call,olut, on.io. id red. gat the same cil I s 'tti tar. n h�area de Petti ri frees�, 'ry b iiizip ab $"tad ae w is J°ea t Cris Y bare$ ited t`erx� barcader $i ldwO deters the 3'shade�•o: °ad c� :Act, °W;ZLdeh for the annexation $y, bra � 'nea is-bounded or1 ®.r San bouhd. under. retl g;Or July 25: 19 35, were aP- Reel Mr. Lared open. ' each$ ate thesiren$ e a� behalfxat10 NQendar Thatn t °r Parcel. The wAt. """ --- • ..� than 8dopted by unanimous ✓Sy f.��r�Y:. "'i.Af'M'M.: fir•:. ... .. . a .- .. .. ...�_ 269 Monroe Park Annexation A letter was received from Max J. Baer asking for per- mission to circulate a formal petition for the annexation of Monroe Park, in accordancewith the revisedmap submitted to the Council on July 25, 1955. The City Attorney advised that the boundaries of the area in question have been approved by the County Boundary Com- misaion as rt'o definiteness and certainty, and that if the Council wishes to proceed at this time it would be necessary to adopt a resolution Consenting to the commencement of proceedings Which would authorize the proponents of annexation to publish a *,`notice of intention to circulate a formal. petition. The City Attorney pointed Aout that if the Council intends to approve the annexation of this "area,action should be taken to- start pro- ceedings at this time, in' view of the fact that information has been received that a request:°will be presented to the City of`., Mountain View to annexa parcel of land included in the Monroe Park area, which -could be accomplished under the Uninhabited Territory Act Councilman Simpson stated that he thinks it would be well to come to a decision on the matter at this meeting, and moved the adoption of a: resolution refusing to grant consent to the comaenceaent of proceedings for the annexation of Monroe Park The motion was seconded'` by Mavis. There was considerable discus- aion, _in which several" council:. members indicated they would,like to have -further "information on costs and revenue which would be* available after annexation studies have been completed, before they make a decision.''. In answer to a question regarding the procedure, the City Attorney advised that the Council will have two other, opportunities to drop the proceedings, and the City Manager =and.: Planning -Off cer` stated that the financial study and report could be completed' by the time the hearing would be held. The roll. call vote` on the motion to adopt a resolution refusing consent, to.coasencement of proceedings was as follows: Ayes: Corcoran, Cresap, Navis, Porter, Rodgers, Simpson. Noes: Byxbee, Cummings, Davis, Drysdale, Giffin, Marshall, Mitchell, Ruppenthal: The motion was=declared lost. A -motion was then made by Cummings and seconded that a resolution be adopted granting consent to commencement of pro- ceedingsfor the annexation A motion was made by Drysdale, seconded by Rodgers, that the matter be elayed until the first meeting in September (Sep- tember 12, 1955). After some discussion, the vote on roll -call was as follows Arts: ' Corcoran, Drysdale, "Marshall, Navis, Porter, Rodgers, Simpson Noes: ` Byrxbee, Cresap, ° Cummings, Davis , Giffin, Mitchell, Auppenthal. The motion was. lost. At this time opportunity was given to people in the audience to speak on the question. Mr. Max J. Baer spoke in be- half of the proponents of annexation asking for favorable con- sideration of their request and permission to commence proceedings at this time. Mr. Stanley A. Spohr, 206 Monroe Drive; Mr. George Snyder, 257 -Monroe Drive', Mr. Ralph .Davey, Plower Garden Nursery, 4401" Sl Camino 'Real; and 1 r James Powers, 295 Monroe Drive, ad- •. dressed :the Council,,, all opposing: the annexation of the Monroe Park area to either: Palo Alto_or Mountain View It was moved by Simpson;, seconded by Marshall, that the matter be tabled. The vote on roll ,call was as follows: Ayes: Corcoran, Drysdale, Marshall, Nevis, Porter, Rodgers,; Si+apeoia.. Noes :; Byxbee, Cresap, Cunningly; Davis, Giffin, Mit- 'hall, Ruppenthal. The,,motion was declared lost. Tine Council then voted on the motion of Mr. Cunnings to adopta resolution consenting to- the commencement of proceedings for the annexation of, Monroe Park. The, result on roll call was as follows: Aye Byxbee, Cummings", Davis, Giffin, Mitchell, Porter, Ruppenthal. .Noes Corcoran, Cresap, Drysdale, Marshall, Nevis, Rodgers, Simpson motion was lost. It waa moved:byCresap, ae;eonded by. Mrs.. Corcoran,',that Councilman'Simpson':s original motion .to: adopt.:a resolution re- fusing -to grant consent_to'the commencement of proceedings be reconsidered. The vote; on roll call ,to reconsider the motion was .as follows,: Ayes: Byxbee, Corcoran, Cresap, Davis, Marshall, Porter, Rodgers, Ruppenthal, Simpson. Noes Cummings, Drysdale, Giffin, Mitchell, Nevis. The motion to reconsider was carried. A vote on roll call on the motion to adopt a resolution refusing consent to commencement of annexation proceedings was as follows Ayes: Byxbee, Corcoran, Cresap, Marshall, Porter, Rodgers Simpson. Noes: Cummings,. Davis, Drysdale, Giffin, Mitchell, Nevis, Ruppenthal. The reaolutionwas declared lost. A recess was taken at this time, 8:35 P.M., and the Council reconvened at_8.:#5 F.M. :It was then moved by Nevis, seconded by Rodgers, that proceedinge for the annexation of Monroe Park be dropped. The motion was carried by the following vote on roll call: _,Ayes: Byxbee', Corcoran,, Cresap, Marshall, Nevis, Porter, Rodgers, Simpson. Noes Cummings, Davis 'Drysdale, .Giffin, Mitchell. (Councilman Ruppenthal was absent during this roll call.) Letter Commending C1t1 Manager A, letter was received' from Roy Archibald, Instructor in Political,, Science at San Francisco State College, commending the City -Manager for an excellent :talk he ,recently' made to a class on Municipal Government at San Francisco State. • -412 A - report was' made by the City Manager bn the Palo Alto Boaspital progra. and the <decisiona which have been .. made- b3 Palo - Alto and Stanford committees' on" -the apse"of the: existing hospital - and the new -hospital 'buiiding and;. the bed -distribution in the new hospital;; submitting a" diet "of taeilitieein•the .new. building - which- Palo :Alto and` Stanford will -share in comuaon, and a list of - facilitiss' which will not 'be` shared.;1 and informing .the Council that . preliainary : drawings are ' now ; being prepared by - the archi- tect and-- a-progreae: , report will= be `given- to the City Medical Huilding :Committee in about six -weeks -- Golf Course -Clubhouse. The City -Manager read a - letter fro•Joseph ' L, Eichler, presenting plans fora clubhouse ' for the - Palo Alto Munlcipai -Golf Course and offering to;Construct,-supervise and perform all work. at no cost.to the City except -.for certain work,,ae outlined• in his letter,. the estimated cost .of which is -$12,000 00.. Mr. Eichler;advieed in hie proposal that the approxilate.total cost -of-the. clubhouse -will be432,000.00r` and that the City should agree to'do the'work enumerated through-eubcontractcra'-under con- -tract -to the -City, -such work to -be done under the direction -and supervision .of the Eichler organization. • Mr.' Eichler . astated - that it is his. -intention to begin .onstruction immediately. The City Manager pointed - out that the building has been designed- to provide 'for a pro shop, lounge, fountain and grill, and res.t:rooms,and-that••after the various'.concessions"are- lo- cated in• the- building, -it :would be valued at approximately • $$5,,000...00: -The:_City-Manager, recommended acceptance of Mr. Eichler' as Offer,: On emotion of 'Hyxbee and Giffin, the offer wasaccepted with commendation to Mr.; Eichler for his generosity and public spirit; Reloeatj.on of T -Hangar <at Airport A communication was received from E. R. 'Stallings, County Manager of San Mateo County, requesting. approval -of an alternate ' site' for the 'relocation or the ` T -hangar at. the Palo. Alto Airport., He advised that the operators of the ' airport` have indicatedthat.the previously approved location is unsatisfactory froi the etandpoint xof long range` development and` have -submitted a plan for an alternate location... The City Manager explained -the plan -and recoiatmended approval of the alternate site. On "motion of, Byxbee and Drysdale, the alternate location for -the T -hangar was" approved by the "Council. Bids.on Deep 'Well A , report` wasmade by the City .ianasger on bids received on August k, 1955, for drilling,:testing and developing a deep well, with the. recommendation that' the •bid of the Western Well Drilling Coapany_be accepted. It was 'explained that the total cost of the well, which is to replace the male Well, cannot be determined `until •completion of the test bore, after which the Completed depth will be decided upon. Onmotion 'of Mitchell and 'Rodgers, the bid of the Wes- tern Well Drilling Company was accepted, and a resolution au- thorizing the Mayor to execute the contract was adopted by unanimous vote on roll call Bids on KelloK -Store Sewer,' Project 55-7 A report •wa`a madeby the City Manager on bids received on August 5, 1955, for the extension of the .Kellogg Storm Sewer, Project 55-7, with the • recommendation that the low bid of Pisano Bros. in the amount of $9,210.00 be accepted. It was moved,,,seconded and carried by;unanimous vote on roll call that the bid of.:Pisano:Bros. be accepted and that the Mayor. be authorized to execute the contract. Application for Zone Change (Cooper) The Council considered the; report of Committee No. 1, which had been continued from the last meeting, concurring with the Planning Cors1Ssion in recommending denial of the application of William J; and Neva I.,;Cooper;for the rezoning of property at 779 Loma Verde Aianue from R -1:A to M -1:S. A letter was received', froii the -Department of Motor Ve- hicles requesting favorable consideration of Mr Cooper's appli- cation :.so the the Department might select a location of; the three or _ four submitted to them -;that; will .;most, adequately serve the people of the Palo Alto_ area. Mr. Philip Doi Maria, attorney. for Mr. Cooper, addressed the Council in; support. of the appllcation..for:`the zone change. He: stated that, he.. understands the Department. of Motor Vehicles favors this location ;over: the others :they are considering, and: advised .that W. Cooper_, is. willing to -have only the front part of his property rezoned" to M-1, ace that he may construct a building on' it for the use of the Motor Vehicle Department, leaving the balance of. the.`;parcel' in the R-1: zone. A motion: was made .by Navis, seconded by Cummings, :that the;: recommendation of Committee No; .l be adopted andthe applica- tion for the zone change be ;denied. In making' this motion, Mr. Navis stated that in view of the interim general plan and the land use surveys which indicate there is ample industrial area in the cityy, and the generalundesirability of extending the indus-- trial zone, he .felt that it would`not :be for the best interests of ,the City to rezone the property in question. Mrs Corcoran stated that as far as the proposed use is concerned, it would be as innocuous as any use which could be established there, and sug- gested that it the use ispermitted;: planting should be required and the design of the :building approved, and that from a traffic standpoint she felt; that the site was a better location for the Department of .Motor. Vehicles than -other locations being considered on Middlefield'Road.' After further discussion,, the motion,to deny the applie cation was carried by voice vote,,Mre Corcoran voting No. Final Map of Tract No: 1580 A report was received from the Planning Commission re- commending approval of the final = map of the subdivision of Lot 95 and portion of Lot 97, Wooster Subdivision, Tract No. 1580, located' at Ross Road and Rest Meadow Drive, subject to showing correct w dtha ;of streets abutting :the subdivision, changing monument lo- cations:, establishment of., 1 -foot reserves along the center lines and at the ends of thestub streets which abut adjacent unaub- divided lands, and `to;dedication of and obtaining easements re- quired for. drainage and utilities,_ Resolution No. 2616,,. approving the final map of Tract No. 1580 in accordance with the recommendation, was introduced, and on motion of Rodgers and Cummings,; was adopted by unanimous vote :.on • roll call. Final Map of Tract No. 1513 A report was also, received from the Planning Commission recommending approval of the final map of the subdivision of a por- tion of Lot 110, Wooster Subdivision, Tract No. 1513, located at Louis Road and Lora Verde Avenue. Resolution No.. 26k7, approving the- f5:nal emap of.. Tract _ No. 1513;: was introduced", and on: motion of Marshall and :lodgers:, was adopted by unanimous vete'on roll call. Lot Division The Planning Commission recommended approval of the lot divisionapplication submitted by J. L. Shea for Lot 13, Block 23, Seale Addition No. 2,.at 4WLowell subJect to relocation of garage as indicated on the map And 'subject to granting. a 5' x- 120' easement:for public utilities, to furnishing:evidence of pay- ment ot>-19.5k-55 county,, taxes;, and to approval, of a reduced width' of the vehicular -say ,to lli feet, since the clear distance from existing, buildingto side property line is less than -12 feet. 0n motion of Cummings and Ruppenthal, the reduced width of the vehicular way was approved and the lot division, was approved as recommended.,by the Planning Commission. Interim Gernera Plan A report:;- as submitted by the Planning Commission ad- vising that the Commi$sion has passed the following resolution: a. : Ttsat the.. Interim. General Plan for the. -Palo Alto. Planning Area be adopted for study purposes and to serve .as a statement of Planning Commission policypending revisions, additions and correc- tions that may be made. b. That every effort will be made toobtain the understanding and acceptance of the Plan by :the`oitizens of Palo Alto, taking into serious `consideration their ideas and criticisms, be- fore recommending it to the City Council.:: c..- That the -Interim General Plan and Report be forwa-ded.to the Council with the recommenda- tion that the Council refer all matters:aaf- fecting the Plan to the Planning Commiss.lon for review and report. The report was accepted and referred to Committee No. 1: Hospital Budget A report:wasreceived from Committee No, 3 recommending approval of the.Hospital-budget for 1955-56• Councilman Mavis asked that action be delayed until he had had an opportt i y to seethei budgets Other, council. members also expressed"- a desire to have a copy of :the budget: for. review. It was explained that. only a.few copies bad been-rec ived:from the Hospital management., and had been made available to the members of Committee No.: 3,. The .City Manager; advised:that there would;. be : no harm in delaying action on. the., hospifial budget as a whole, but° :auggeated that it: sight` be. advisable to"approve the item authorizing the - paving :of . the paxkng. area ;at " the hospital in order to take` ad- van_tage- of. the lost-:btd:.pri'ce i'or- repaving work, as the-; contractor is now resurfacing streets in the city and can do the work at the hospital while his` equipaaent `is in this area. .:On.motion=of-Dryadele.and Davis, and by -unanimous vote on roll call, the:Council approved the budgeted item of approxi- s►ateZ`y *16,000.00". for paving the hospital parking area,: and. de- layed approval otthe'balanc:e of the budget until Council: mem- bers who have.requeated..the delay:-ha-ve had a chance.to review ,copies of --the budget. kmpl:oymerit•Status of Fire Chief A report was received,from'Committee No. -3 calling atten- tion to the provisions -of - Chapter Dili-, Section 8,: of the Working. 2.74 Rules and Regulations,' which state that all personnel in the Fire and Police Services, with 20 years of service, shall retire upon attaining the age of 55, with the further provision that the Council may waive this regulation in cases of administrative neces- sity. Committee No. 3 recommendedthat the regulations be waived in the case of Louia F. Ledford, Fire Chief, and that he be retained on a year to year basis. On motion' of Mitchell_ and Drysdale, the recommendation was adopted. Amendments to`Retirement Contract: -A report was, received from Committee No. 3 concerning amendments to the contract with the State Employees Retirement System. The Committee.' recommended approval ofan amendment -which - would -give "members of the -Fire Nand- Police services the option to retire at age 50, with reduced retirement pay. On motion of mit- chell and Rodgers, the recommendation was adopted and the Mayor" and City. Clerk- were. authorized to sign. the necessary papers to. amend the-City's'contract accordingly. Committee No . -3 reported . thatt it had considered an amend- mentwhich would..gi;ve "employees..�the right to. elect at, any time.' before retireaent to .make contributions.:and: receive credit for" ;the first,sixiaonths of employment. (At the";present time an employee does not become a member of ", the system , until he has worked for the City` for=.six months.) It was pointed out that if the amendment were adopted, the City would`be ;required to make contributions for. the first ,six months in cases where the employee elects to make his contributions for the period,` and that there 1s no way of es- timating .what" the cost would be: forthe City-. A majority of the committee" had :voted against, recomiending .this amendment, to the Council: _for adoption, b'ut;;at the request of a councilmember, the matter waS.;placed :on the Council agenda for. further consideration. After discussion, it lets moved.by Cresap,'seconded by Rodgers, and carried =that this amendment to.the' retirement plan be adopted and - that the°., Kaayor •and" City Clerk "be' authorized to sign the necessary document ta,amend.the City'a.eontract. Proposed'.Amendments to Administrative Code Committee ?9eetin s A report was made by.Committee No. 3- advising that 1thad considered a proposal of Councilman Rodgers for amendments to:/the...'.;. Administrative Code .to. provide that, al.l ameetings, of Council standing committees .or :committee ofthe :whole -shall -be open to. the public 1or `the -'purpose of. attendance and. that the chairmen of such meetings have: the right- to ; say ,wwhsther, or not the public can participate. A .ma jority of; - the: committee 'voted against recommending such amend mentis to th a .Council but at the:: request of other council members, the .smatter is placed on:;the Council' agenda. ' At.:thia times: Councilman Rodgers..moved that the Council instruct the"Cty;Attorney.to prepare amendments to the, appropriate sections'` of the Administrative Code, which shall generally include- the- fo3loafing::provisiona,;.and.that' the --City Attorney submit such proposed' amendments to: Commmittee. No. ` 3 for their consideration. and recommendat,icn s: (a) That all' standing cetlittees of the Council shall be open'to public attendance; (b) That .:all meetings_ of the Council as a committee of: the.°'thole,_ other that and in: addition to those. y s regularl cheduled, and .now open ;to the public, shall be open for public attendance; AVPIrev Oltypt 1 275 ): ` That the:. foregoing provisions ,(a) and (b) shall not; apply to;those •portions. 'of any of • the above mentioned meetings'wherein the foilowing'subjects are discussed: .(1) Personal problems of specific city employees in relation to the City; and (2) Contract negotiations by the City of Palo Alto, in which instances the chairman of:the'standing committee, or ;the presiding officer. of the com- mittee of the whole, whichever . may be „the`: case, aha;ll have the right to: close ` said portions of aid meetings to the .general public.". 'That public attendance shall pot: include the right to .participate in said meetings, unless 'partici-> -potion is -allowed by the particular: chairman' or presiding; officer.;_. in his discretion. The motion was seconded by Byxbee. Councilman;Davis stated that he is in favor of open meetingt,- , however, he felt:' that there must be some, period for deliberation', by:co*aneil; members, and: pointed out that the motion as it was voted on 'in 'Committee No. 3 made no provision for that and . was' not = the same Motion as presented by Councilman : Rodgeri. at this time; that- `if the public is going to be of any service to the committees :they 'should participate and present their ideas to the coa►mittees, but if `the' meetings are open without estab•- liahing:groundriles, confusion would result. Councilman Simpson advised.:that he is opposed°in general to open committee meetings,' but would not. o'..) jest to having the proposed amendments prepared and referred to Committee No. 3 for further study. After further discussion, the motion as stated by Councilman Rodgers was carried. Amendment to Building Code CSigns) Ordinance Na. 1640, amending Section 4601 of the Bui,iding� Code regulating"the'instaliation of directional signs for sub- divi8ions was given second reading, and on motion of. Mitchell. and Ruppenthal was adopted by unanimous vote on roll call. Street Names, Stanford Shopping Center A.proposed ordinance naming streets in the Stanford Shopping Center was accepted for first reading. Reports of , Officials /to monthly report of the Controller for July, 1955, was received and placed on file. The monthly report of the Planning Officer on action taken in July on applications for redivision of lots, and the monthly report of the Zoning Administrator on action taken in July on applications for variances and use permits, were received and placed on file. Hospital Committees In answer to a question by Mrs. Corcoran regarding the duties of :the hospital committees, the City Manager. explained the organizational set-up of the City Medical Building Committee and professional advisory committees of Palo Alto doctors under the chairmanship 'of:Dr. "Cressman, who is also a member of the City Medical Building Committee and acts as coordinator between the City Committee and the advisory committees. In reply to a further c H a,fi:"''i ar_ yet "w5�'� Byy Y�Sac eK ry - 6 -7 question of? Mrs ., Corcoran the City.;$ai age.r advised that as far as he knows there is no:;`intent ;on, the, part of the committee to exer ciee achitecturft1 control; over the deaign of the new building. Capital Program The Mayor. reported that the ataff is preparing a compre- hensive. outlihe of; matters which he wishes to present to the council and committees:. for study, and' t:hat a . 'copy will be sent to each poem- , ber soon. The- Mayor alsoadvised- .that --as soon, as further .Information has been prepared; regarding .thee proposed capital. improvement program, probably -within -"the next.tonth"or so, he would like to take some time at a Council: meet.ing.to.diacuas the question;; that he thought it would be desirable -to appoint: a c1.tizens' committee to assist in the study of the capital °p'rogram and asked for suggestions as' to membership of the committee:.: The meeting was declaredadjourned at 10:15 P.M. yor APPROVED: ATTEST: