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City Hall, Palo Alto, California
January 3, 1956
The Council of,the. City;;of;Palo Alto met on this date at.
7:30.P.M.,.pursuant,t.oadjournmen:t of December 27, 1955, with Mayor
Porter presiding. Roll call as. follows
Present: Byxbee, Corcoran•,.Cresap, Cummings, Davis, Drysdale-,
Giffin, Mitchell,, Navas, Porter, Rodgers, Ruppenthal,
Simpson.
Absent: Bishop, Marshall.
Disaster Council
The Mayor announced that he is appointing the following to
serve as members of the Palo Alto Disaster Council, in accordande
with the provisions of the Administrative' Code, for the year 1956,
and asked the Council -'s approval of'these appointments:
Mitche'11, . representing the Red Cross
Rear Admiral.Jchn Bali
George 5:. Nolte, civil engineer
Councilmen Lee W Rodgers
C. H. Simpson and
James 04 Marshall
(with Mayor Porter as Chairman of the Disaster Council)
It was moved;by Cummings., seconded and carried that these
appointments.be approved.
'Report on Flood Control
The City:Manager made an oral' report on the flood control
situation, and reviewed the history of the San rrancisquito Creek
problem and. -of other creeks in this:area. He reviewed efforts made
in 1951 and .1952 to, secure advice and aid from the State Water Re-
sources Board in'flood control problems;. and referred to the provi'-,
sions of Act 7335 passed;by.the State Legislature in 1952 setting up
the Santa Clara County Flood Control and Water Conservation District,
outlining the purposes and powers of the District.
1 The City -Manager presented maps showing the watershed of
ISan'Francisquito Creek, most of which is in San Mateo County, and
the portion of the creek along:.the northerly boundary of the City of
Palo Alto, indicating on a _map the part. of the creek which is pri-
vately owned. The;`C:ity Manager pointed out the magnitude of the
problem and the: need for major flood control work.
The City Manager repor. ted that the Corps of Engineers, U - S.;
Army, are presently engaged in clearing San Francizquito Creek and
will soori complete this emergency work. He advised that he has been
in contact with Congressman Gubser.and.has requested him to try to
get an allocation of Federal funds for an engineering study by the
Corps of Engineers, U.S., Army, which handles flood control problems,
and to do everything possible to get an. allocation of funds for ewer-
gency work that can be done at the' time the Creek is partially dry
and for rehabilitation' funds for:work on the Creek.
The City Manager advised that the Engineering Department
of the City has reinforced the levee on San Francisquito Creek near
Edgewood Drive and Greer; Road. where the break occurred on December
22, 1955, and at other points where reinforcement was needed, and
that,hehas brought to the attention of the Division of Highways the
need for construction:of a new bridge on the Bayshore Highway.
The Council was informed that there are five jurisdictions
involved in San Franctsquito Creek -- San Mateo County, Santa Clara
County, the Santa Clara County Flood Control District, the City of
Menlo Park, and the City of Palo Aito.
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The City..Manager_als.o reported on the city's flood basin
and the, need for- more flood ..:gates there, stating that the Santa
Clara;.Ceunty Flood'ControleAistriet has been requested to install
the additionai-,gates,-and to divert Permanente and Stevens ;creeks
which now flow into: the Palo`'Alto flood basin but do not drain the
city of Palo Alto. He also, reported that the City is now removing
silt fromMatadero Creek..
The. City Manager stated that it is. his intention, i:f'
meets w*ith the`,Council;'s,approval, to. keep Santa Clara County,,San
Mateo County, the:City of Menlo Park and the Santa Clara.County
Flood Control District actively engaged and interested in the whole'
problem so ;their good offices can be used in attempting to get Fed-
eral funds,;'and' to ,have ;studies made which win solve the probrem:
for the future.
On motion of Simpson and Drysdale, the City Manager and
staff were commended:for the work they have done in the flood con-
trol situation and were authorized to continue their efforts to
achieve adequate f.loodecontrol for the Palo Alto area.
Approval of:Minutes of December 12, 1955
The minutes of the meeting of t"e Cety Cour.ca e De ;e; bey
12, 1955, were approved,
(At this .time, 8:00 P.M., Mayor Porter left the
meeting end, in the absence of Vice Mayor Mar-
shall, reeuested Councilman Mitchell to take
the chair.)
Project 52-13, Off -Street Parking, University Avenue District
The hearing on resolution of intention to modify Project
52-13 and all matters in connection with this project had been con-
tinued by the Council to this date.
Mr. Linn Winterbotham, secretary -manager of the Pala Alto
:Chamber of Commerce, reviewed the original plan submitted by the
Chamber of Commerce for modification of the project to include the
acquisition of five parking lots, and the plans for further modifi-
cation as presented to the Council at its last meeting on December
27, 1955.
A; long discussion followed in which council uiernbers ex-
pressed: their views on the parking needs for the area affected by
the project and offered suggestions for a solution of the problem.
Several members suggested that consideration be given to a long
range parking program, which Would involve a major redevelopment plan
for the, property';on, theCircle and on University Avenue from: Alma, to
High Streets.. Others felt that a study of such a proposal would de-
lay action on the acquiai;tion of any off-street parking lots for
which there, is an immediate: need. Cost estimates of the various
plans _wer=e. d'iecussed.
It was moved by Rodgers, seconded by Eyxbee, that the City
take all steps necessaryto acquire certain parcels of property,;
formally ,known as. Area No. 3 on map submitted, located on the north
east side -of H1g1 Street, in the block bounded by High, Emerson,
University and.`Hamilton, the property to be acquired to include all,
the parcels southeasterly from the ,alley on High Street -to to Hamilton'
Avenue a.nd northeasterlyy teethe alley in this block on Hamilton Ave-
:nue.
In making this, motion, Mr. Rodgers suggested that further
'consideration be given to, a :multi -story parking building`on this
.parking lot_ if::.it,.ia.; acquired, pointing out it would be less costly
to provide inulti-deck parkingthan.to acquire additional land. He
explained that it ware -his' intention, in this motion, to modify the
proceedings to the extent of having these particular parcels consti-
tute Project 52-:13 and eliminating, other lots previously proposed.
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The City Attorney pointed out that the area involved in
the motion for proposed eoqu1 :ition includes two parcels {one owned
by the Standard 011" Company: and: one: owed by the Peninsula Creamery
which were not included in; the originai"project, and that it would
be necessary to hold a hearing on the modification.
The vote on the motion on roll call was as follows:
Ayes: Byxbee, Corcoran, Mitchell,.Rodgers.
Noes:. Cresap, Davis, Drysdale, Giffin.
Not Voting: Cummings.
Ruppenthal had left the meeting at 8:50 P.M. and did not
return. Navis and Simpson were absent from the room during the vote,;.
and it was explained that they abstained from voting because of their
personal interests involved' in the district.
' The motion was declared lost.
Reference was made by Byxbee at this time to discussions
of traffic circulation and redevelopment plans for the Circle and
the adjacent area. He moved:that:the'City Manager and staff be re-
quested to make a review of" -the Circle and establish a parking plan
which they feel will'be feasible and provide adequate future circu
lation of traffic, and that. the City Manager, be authorized to expend.
,any funds he deems necessary in making this study. The motion was
!seconded by Davis, and carried by'the following vote on roll call:
Ayes: Byxbee, Corcoran,' Cummings, Davis, Mitchell, Nevis, -
Rodgers,
Noes: Cresap, Drysdale, Giffin.
Not Voting Si®pson.'
A motion was made by''Cresap that a committee be appointed
by the Mayor, to include' Davis' and" "Roodgers among others, to make spe-
cific recommendations to the.,Council'`as soon as possible on the loca-
tion of parking areas,, such -areas, to ' coincide if possible with any
traffic plan which the City 'Manager' and staff may agree upon. The
motion was lost "'for want of a second.
A motion was made by:; Drysdale, seconded by Navis, that the
City Manager be furnished ellth professional advice of his choosing
to, assist him i"n.prepering the study and plan that he is to bring be
fore the Council. ,There`was"some.d"iscussion on this point and it was
the -understanding that the:mot:ion previously passed was broad enough,
that the City Manager could ask for professional help if he wishes
it. The emotion made by Mr Drysdale was withdrawn.
The . City Manager suggested that the staff prepare a very
preliminary`., study first,and. contact some professional help, and
bring; a report back" to' the. Council for further action before spend-
ing any," considerable sum -of money. When asked about the time sched-
ule for such a"study, the": City Manager replied that the staff is
working now on flood problems; which have the No. 1 priority; that ' it
would probably be two Months before a preliminary study could be
madewiith'a report on what.conaultants might be available and recom-
mendations for further action.
A motion was then made by Cresap, seconded by Rodgers,
that the motion "made by Rodgers:°that the City take all steps neces-
sary to acquire the parcels, o"f property on the northeast side of
High Street between the alley -end Hamilton Avenue, be reconsidered.
Mrs. Corcoran moved to amend the motion to include all the
property .under eonsideration'for parking lots in Plan A as submitted
by the Chamber ..f Commerce, and: in addition all the property front-
ing on University Avenue between :Alma and" High Streets. The amend
meat was seconded by Davie:. '' The'`vote' on roll call was as follows:
Ayes': Cercoran ,Devi , :Drysdale, Giffin.
'Noes`: Byxbee, Cummirgs,:Mitebell, Rodgers.
Not. Voting:: Cresap.
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The amendment: was declared lost.
The original :motionwas then carried by the following
vote on roll call
ryes Byxbeeg Corcoran, Cresap, Mitchell, Rodgers
Noes.' Cummins Davis Drysdale, Giffin.
(Navis acid Simpson were absent from the room
Cturing: the above roll calls.)
(A recess was taken at this time, 9:35 P.M.,,
,and the CounCli reconvened at 9:45 P.:;.)
(Councilman Cummings left during the recess
and`diet not return to the meeting.)
On advice of the City attorney as to the legal
g proceed-
ings involved in the action taken by the Council, regarding Project
52-13, it was moved by.Rodgez's, seconded by Byxbee, and carried
that Resolution No.' 2663,of preliminary determination and of inten-
tion to make changes anal modifications to Project 52-13 be rescind-
ed, and that,a n.ew resolution of intention be prepared for the
Council's consideration at its next meeting on January 9, 1956, set
ting time for hearing on the proposed modification in acecrdance
with the motion adopted at. this meeting.
Temporary Hospital Facilities
A letter was received from Dr. Charles D. Armstrong, Act-
ing Chief of Staff of the Palo Alto Hospital, expressing "the appre-
ciation of the hospital staff for the approval by the Council of
temporary buildings for additional bed space at the hospital.
Assignment of Airport Lease
The City Manager presented a request from San' Mateo Coun-
ty for approvalof'the assignment of lease from the Palo AltoAir-
port, Inc., to Nystrom Aviation Corporation.
0n,motion-of Simpson and Navis, the Mayor was authorized
to execute the: consent of the City of Palo Alto to this assignment
of the airportlease.
Amendment -to Building Code (Flood Damage Repairs
TheCity Manager presented for consideration, an emergency
ordinance amending the Building Code to provide that repairs to all
structural damage caused by:the flood of December, 1955, be exempt
from building. permit fees'for a period of three months.
Ordinance_No.,1665) amending Section 303 of the Building
Code, was introduced,.and^a'motion was made by Byxbee, seconded. by
Simpson, that the ordinance be adopted as an emergency ordinance.
Amotion was:made±by Davis, seconded by Rodgers, that the
ordinance be amended to provide that flood damage repairs be exempt
from fees for a six months' period. The amendment reads: "No per-
mit fee shall berequired"for a permit to -repair or reconstruct
structural damage ca.xsed by, the flood of December, 1955, if such per
trait is issued on or before. July 1, 1956." The amendment was carried
by the following, votes, on roll. call:
Ayes: Byxbee, Corcoran, Cresap, Davis, Drysdale, Giffin,
Rodgers.;
-Noes:;Mitchell; Navis, Simpson.
OrdinanceNo. 1665`.as amended was then adopted as an emer-
-gency ordinance by unanimous vote on roll call.
Purchase of Egui went from Hospital Im rovement Fund
:A request was presented from the governing board of the
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Palo Alto Hospital for the. allocation of $3702.00 from the Hospital ;
Improvement Fund for the purchase of three transcribing sets for the
Hospital. City --Controller. Moore.;: therCity's representative on the
hospital board,, explained that -several kinds of machines had,been
tried out by the doctorswho use the equipment in dictating case r.ec�
ords, and that the :particular equipment recommended for purchase has
been approved by. the doctors; that.°the; request was made to use money:
in the Hospital ImprovementFund for the purpose in order to save
the excise tax; and that`the equipment.can be used in the new hos-
pital.
After discussion, on motion of Simpson and Cresap, the
funds were authorized for`the purchase from the Ho'spistal Improvement;
Fund by the following'vo.te on roll call:
Ayes: ByxbeesCorcoran, Cresap, Drysdale, Giffin, Mit-
chell, Rodgers, Simpson.
Noes: Navin,
Not Voting: Davis.
Mr. Navis explained that he voted "No" because he felt
that less expensive equipment could be purchased to do the work or
that a more economic solution_ to the problem could be found.
Veterans' Tax Exemption Policy
The Council considered the policy followed by the City in
determining the eligibility of veterans for the tax exemption al-
lowed by State law, and whether or not the present basis of real
value,should be continued or if assessed valuation figures should be
used. It was explained that the County and many cities in the State
use:asseseea ue; that in many cases veterans are granted exemp-
tion in the county but denied it by the City of Palo Alto which uses'
real value in determining whether or not such exemption should be al-
lowed. The Assessor'explained the basis of assessment and the pol-
icy followed in Palo Alto.
The City Attorney called attention to the provisions of
the State Constitution which provides for exemption of $1000.00 for
veterans who do no:t own property of a value of $5000.0() or more, and
stated that it is a question of interpretation; that in his opinion
the interpretation of "value".as real value is correct and that the
policy of the City of Palo Alto is perfectly legal; that it is up to
the Council as to whether it,wishes to continue this policy or fol-
low the procedure Used:in other parts of the State.
Councilman Navis stated that he feels it is the Council's
duty to keep good public relations; that veterans can not understand
why they `can get exemption in the ,-County and are refused it by the
City.' He moved that the Council adopt the policy, which is consist
ex:,t with practically all the; rest of the State, of using assessed
va'lue',.as the basis for determining the.eligibility of veterans for
taxexemptlon, and abandon the policy which has been used in the
past.
The motion was seconded by Cresap, and after discussion,
was lost by the following vote on roll call:
Ayes: Corcoran, Cresap, Navis.
does: Byxbee,,Davis, Drysdale, Giffin, Mitchell, Rodgers.,
Simpson.
Assessment Procedure
A motion was' made by Mrs. Corcoran, seconded by Navis,
that consideratlon'begiven to the.question of whether the assess-
ument of city taxes should be made by the City Assessor's office or
-by .the County' Assessor's office:, ors the alternative possibility of''
the city retaining its,`own assessment but using figures of the Coun-:
ty Assessor's office;to compute the City assessment rolls.
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In discussing the notion., Mrs. Corcoran referred to a previous con-
sideration of this matter, and stated that at this time Palo Alto
and Los Gatos are the only cities in Santa Clara County which do
their own assessing, and that in. her opinion there would be a sav-
ing of at least $30,000..00' per year in the cost of assessing and
collecting taxes if this work were done by the County, and In addi-
tion the space in the.city hall given over to tax and assessment
functions would be freed for ether uses. It was pointed out by
other council members,,that there are advantages in the'City-retain-
ing its ovum- ass'eseMent and tax collecting.
After discussion, the motion was lost by the following
vote on roll cal':
Ayee: Corcoran, Cresap, Nevis.
Noes: Byxbee, Davis, Drysdale, Giffin, Mitchell, Rodgers
Simpson.
Mrs. Corcoran and ?4r Drysdale suggested that copies of a
previous report,and'minute records on this matter be made available
to council members who` were> not on the Council at the time the
question was previously"considered.
Audit for 195556
Attention was ,called to the fact that action has not yet
been'taken;by the'•Cound l on the `proposal of Skinner & Hammond for
the audit ;of the city accounts for the current fiscal. year, and
`that arrangements should'be made in the near future for the audit.
Councilman Drysdale stated that he has no criticism of
the audit made over tree past years by Skinner & Hammond but be,
lieves it would be,desirable to consider other auditing firms,,- He
moved that Skinner & Hammond be notified that the . City proposes ' to
employ -another auditor this year, and that another auditor be en-
gaged. There was no second to the motion.
It was pointed out that Skinner & Hammond were .previously
notified by the Council that action on their proposal was delayed
and that:ot'her-auditors were going to be interviewed before a deci-
sion is made ».
A;motion:was then made by Drysdale, secondectby Simpson,
and carried. that the. Council. consider other auditors for't.h'e coming
year in addition to Skinner & Hammond.
It was agreed that auditing firma would be contacted and
invited to'submit proposals
Mrs. Corcoran moved that a special committee composed of
the Mayor, Councilmen Drysdale and Navis be appointed to'consider
and ael:ect the auditor, subject to approval of the Council. There-
' was no secondto the Motion
There being no further business to come before the Coun-
. cil, the; meeting was adjourned at 11:00 P<M.
APPROVED: �`/ ,../�'
Mayor