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City Hall, Palo Alto, California;
January 16, 1956
The Council of the City of Palo Alto met on this date at
7:30 P.M., pursuant to adjournment of January 9, 1956, with Mayor
Porter presiding. Roll call as follows:
Present: Bishop, Byxbee, Corcoran, Cresap, Cummings, Da-
vie, Drysdale, Giffin, Marshall, Mitchell, Ne-
vis, Porter, Rodgers, Ruppenthal, Simpson.
Absent: None.
Flood Control Report - Disaster Council Recommendations
The Mayor presented a report concerning the emergency work
to be done on San' Francisquito Creek in repairing the damage done.
during the December flood .and the need for long-range planningfor
flood control in this area. He noted that the Corps of Engineers,
U.S. Army, has expended -07,000.00 in clearing the creek channel of
debris, and that the Federal Government has allocated $170,000.00
for emergency work to be done on the creek, and that the City is do-
ing everything possible to obtain further financial and engineering
assistance. The Mayor emphasized the magnitude of the flood control
problem, and pointed out that the cooperation of the Federal Govern-
ment, Countygovernments, the Flood Control District, the City and
also interested property owners -refill be required.
It was brought.out:an the Mayor's report that neither the
City nor any public agency has:the legal right to do any work on pri-
vate property, and since a great portion of San Francisquito Creek
and other creeks running through the City are privately owned, it
will be necessary for property owners abutting on the Creek to dedi-'
cate;a portion of their :property forflood control work. The Mayor
pointed outthat any damage done toprivate property by flooding
will have to be repaired at the owner's expense, and advised that
property_ owners could help the situation by replacing fences where
needed and draining off the water standing ;in'back yards to keep it
from soaking into the levees and further,weakening them.
The Mayor stated that. the City hopes to obtain the assist-
ance of the Santa Clara County,Flood Control District and the Feder-
al Government in arriving at a complete solution of the flood con-
trol problem, and that In the interests of efriciency and economy,
flood control measuresmust _ be planned ° with cane and on a city-wide
basis. He urged ,organizations and citizens : to provide representa-
tion at meetings and hearings on flood control, and to help keep the
pressure on Federal, County and Flood- Control District officials.
The Mayor reported that the Palo Alto Disaster Council had
met today and inspected the banks of San Francisquito Creek. He
read the following recommendations made by the Disaster Council:
1. That. the City Council authorize the establishment of a
radio net for operation in collaboration with amateur
radio operators.
2. That the necessary transfer of funds for purchase of
six permanent and tour mobile radio units be authorized.
3. That the County radio engineer be engaged to consult
with the City etarf,regarding a central communications
system.
4. That the City Council approve the alert system as out-
lined by the Assistant Director and Deputy Director of
Civil Defense.
5. That the public be notified that hazards now exist;
that definite placement of fences can only be given at.
a later date; and that the property owners concerned be
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prepared to execute deeds of dedication for property
where repairs may be undertaken by the Corps of Engin-
'.ears, 0.S;.:Army, or other agency.
On motion,of: Mitchell and Drysdale, the recommendations
of the Disaster Council: were adopted
On Motion of Mitchell and Drysdale, and by unanimous vote
on roll call, ,a transter in, ,the amount of $2504.,00 was- --authorized
fro*t the Unappropriated -.Balance of.';the :General Fund' to: Account 123,
Dieaater Council, the : purchase of radio units, - It -was.- explained
that the ,City;:wi11 °make -:a request later for reimbursement of one-
half the cost by. the Federal Government
On motion of, :Byxbee and Rodgers, the Counc':l requested -the
State Division,of-Highways to give the reconstruction of the :Bay
shore Highwaybridge;.over:Sam Francisquito Creek first.priority in
connection with, the'.00natruction of -the Bayahore Freeway.
On motion of:Byxbee and Marshall, the -Mayor was authorized
to: appoint,a committee' composed .of representatives of the flooded
area and lcouncil members for_ the purpose of reviewing the legal:
rights of individuals' and the legal rights of the public with re-
spect to the Creek,' and to astudy and recommend a course of action by
which rights of way can be. obtained either by the City of Palo Alto
or any other public;body.which would be interested.
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'A motiaan'was then made by Byxbee, seconded by Rodgers,,
that a sum of"$50,000.00 be taken from any account of the budget,
which hae not.:beea':comttaitted, and used for flood control work as an
' emergency -measure, There was some•diecuassion on this motion, in
which it was pointed. out; that the City has already expended more'
than $$,000.,00 in" emergency work, and that the Corps of Engineers,
U.S. Army, hae'assured 'city official's that they expect to start work
immediately on.Plans for, work needed on San,Francisquito.Creek;'that
until their plans and deta;,led'estimates are prepared, it can not be
determined how much work ean.be done with the Federal funds which
have been appropriated for,emergency work or how much -additional
work well be needed...:Attention was also .called' to the tax being
paid by Palo:>Alto.property owners to the Santa Clara County Flood
Control District and to: a proposed bond issue for flood -control
which will result in a•further tax:on the people in this district.
It was agreed. to defer action -on they motion made by Councihman .Byx-
bee to appropriate funds at -this time, pending further information
' on the needs.
On Motion of Byxbee and Mrs. Corcoran, the advisory board,
for the northwest; -zone. of , the Santa Clara County Flood Control Dis-
trict was requested. to meet with the City Council to discuss its
plans for flood; control work and the .proposed financing of the proj-
ect by a bond issue, and the effect of the program on Palo Alto and
the rest of the district.
The City Manager reported that the Santa Clara County
Flood Control District has .entered:into contracts for deeigri. 01 the
creeks-in:thisaarea; that a cooperative plan is being worked out::
whereby the Santa Clare County Flood District will pay for the cost
of the engineering. work -but. it will'be done under the supervision of
the City of Palo Alto, and that a contract will be entered into be-
tween the City and the Board of Supervisors for this work.
-Resolution No. 2696, authorizing the City Manager to exe-
cute applications made under Public Law 875, was introduced, and -on
motion of Bishop and Drysdale, was adopted by unanimous vote on roll
call.
Onmotion of Rodgers and Marshall, the Mayor was requested`
to- send -letters of appreciation to Senator Knowland,, Congreiaeman
Gubser and any others who: helped to obtain.Federal funds for the e-
rergency flood control work-.
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Petition reSanitary Sewer Condition
A petition was received from .residents on Burnham Way and
Celia Way, containing 25 signatures, requesting the City to take iaamei
mediate action=to correct -the health hazard which exists at the cor-
ner of Burnham Way and Celia Way, caueedby the bubbling of the sanse
tary newer. The petition was referred to the staff.
The 'Mayor advised that the City is aware of the condition
and ie taking steps to.rectify it., The City Manager pointed oute
that the. proposed Ionrrange-sower program is involved, and the Coun-
cil will soon be asked.to•aoneider the -employment of an engineer to
design the project.
Notice ofelearing on,Ouadalupe River and Adjacent Streams
A notice was:received'of.a hearing to be held by the Corps
of Engineers, U.S. Army, on Tueaday,lPebruary 7, 1956, at 1:30 P.M:
in the. hearing room at the Civic Center, First and Rosa Streets, San
Joee, on:Guadalupe River and adjacent streams, for flood control. and
allied projects-.' The City Manager pointed out that the entire San'
Francisquito CreekAs included in'the Guadalupe River project.
It was suggested that all interested people participate in`
the hearing, and attention was:ca:lled to the specific information
and data desired at' the hearing-and•to the requirement that state-
ments be submitted in writing and that ten copies of such statements
be provided.
(Councilman Rodgers left at 8:00 P.M. and was
absent for the rest of the meeting.)
Plumbing Code
A report was received from the, special committee which had
been appointed to consider proposed amendments to the Uniform Plumb-
ing Code which was adopted by the Council on December 12, 1955
Mr. Jack O'TBrien, Chairman of the - special commmittee, and
Mr. Neal Beck, City Plumbing Inspector, explained the recommenda
tions of the committee on• the. various amendments under consideration;
They pointed out that the only'amendment on which the committee`dis-'
agreed was Section 1103, Chaptere11, regarding House Sewer Materials,
and there was a divided vote, three to:three., on adoption of the. pro
posed amendment. They explained that the three master plumbers on
the committee who voted for adoption of the amendment feel that,
while other materials,used for house sewer installations are undeniably
good, ithad been their experience over a period of years that cast
iron sewer pipe involved -less. maintenance than any other:product
fused for this purpose, and that the higher original cost would be
more than justified:''
Mr. Kelly, attorney for, the Associated Plumbing Contract-
ors of Santa Clara County,: and Mr-. Dan McDonald, representing the
Piumbers,,Unioneepokeemethe.matteree Mr. Kelly asked that the aceo-
elation which heerepresents:be gi'ven:en opportunity to meet with the
special commmittee regarding Section -1103 before the Council takes
final action: Mr. Henry C. Bruner,:-repreeentative of Johns -Manville,
waked that'trensite pipe be`coneidered.
After considerable discussion, it was moved by Bishop,
seconded and carried that no`change be made in Section 1103 of the'
Plumbing Code.....
A proposed ordinance aaending the Plumbing Code in accord-
ance with the recOm maendations of they epecial committee was accepted
for first reading. It was undeestood that --the Plumbing Contractors
Association would,m_eet with the.epecial'.committee before the ordi
ee
nanceeis presented for secondreading.
(A recess was taken - at, this time, 9:00 P M. ,
and the Council reconvened at 9:10 P.M.)
353
Hot ital Pro ect
AAhospital planning :report was presented by Councilman
Mitchell, Chairmanof•-the City"Medieei Building Committee,. who ad-
vised that the work on -plans for the new hospital is progressing on
schedule He stated •that 'everything, to date has worked out to the
satisfaction -or or the doctors, the City and Stanford University with
one exception which involves the sharing of services in the X -rag:
and laboratory fields. The report contained the conclusions
reached by the C1ty'MeediCal Building Committee regarding X-ray and
laboratories for' the dhar{ng•: of certain -services„ and stated that a
further report is to`beAmede on the possibilities of sharing apace
and equipment n;the.,CIinical Laboratory and the Diagnostic X-ray
service.'
.-Councilman Mitaheil reported that both-the=University and
the City are awaare of >the fact that a -definite agreement defining
the spheres of influence -4Z the Medical School. and she Hospital
Staff mulct_ --be eatabliehed, and -to expedite the matter, the Mayor wall
requested to appoint a committee to consider the provisions of the
operating:Agreeeeent between Stanford' University and the City of Pa-,
to Alto,; :and to-` wake :;recomsendations for the future, operation of
the existing building and the new hospital.
The Councir was also informed in the report that the May
or has appointed a committee to ald in determining methods of han4
dling cost determination end accounting for the operations Lf'the
new hospital.
0Ounciimas7 fDevis-;atatedthst :he; had: askedx•that-thee hoep1
tat p enni sgdqueetiostbeeplaced en they",agendar'of;(thiedseeting}As' he.
felt it-is,important that the -agreement for operation; of- the new
hospital be worked out.
Councilman Ruppenthal requested that council members be
provided with` copies of: past and 'future minutes of .the meetings of
hospital committees, and the Mayor said this would be. done.
The Mayor announced that the hospital architect, Mr. Ed-
ward D. Stone has -retained the firm of Hall, Pr egnoff and Matheu as
structural engineers, and the firm of Keller and Gannon as mechani-
cal engineers on the project.
zone Change Application (Carey
A report was received from the Planning Commission recom-
mending that the application of G. E. Carey to rezone Lots_1 through
t, Tract 1150, from R -2, -Limited Apartment District, to R -t, General
Apartment District,. and ;Lots 5 through 12, Tract 1.150, from R-2 to
R-3, Neighborhood Apartment District, be deniti, but that these lots
be• rezoned .frow R-2 to R -3-P., `Residential -Professional District; and
further that the portion of the Seale Wooster Canal which abuts the
northeasterly 82 feet of Lot 5,- and Lots 6, 7 and 8 of Tract 1150,
be rezoned from, R -1 -to R -3'-P. The'vatter was explained by the Plan-
ning Officer:.
After discussion, it was moved -by Mrs. Corcoran, seconded
by Byxbee, that the matter be tabled to give an opportunity for fur-
ther study of the traffic circulation and parking problem in the
area. 'The property in question is located northeasterly of Middle-
field Road in the -Mid -town area. The motion was carried by the fol-
lowing vote on roll call::
Ayesl, Byxbee,-"Corcoran, Giffin, Nevis, Porter, Ruppenthal
Noes. Creeap, Cumainge, Marshall, Mitchell, Simpson.
Not Voting: Bishop, Davis, Drysdale.
The Mayor requested the Planning Officer to prepare a map
and informatiorron, the.Mid-town• area within the next. two weeks or so
if possible so that the matter would not be delayed too long.
Tentative Maps
A .report:was received. fx m the Planning Commission recom-
mending approva:i of the tentative: map of 'a ;portion of Lots .112 and
115, :Wooster Subdivision,: subject to the following requirements :and
I conditionm as : recoaasnded -by they City Engineer: • The granting • of pub-
.uti3lties easements; as shown ;in:red .on the ::map; the changing of
the name of David - Placer; the dedication of a 30 -foot half section of
Matadero Creek and the improvemsnt of iblatadero.Creek to a cross sec-.tion .approved, by:the City: agineer, and,. tothe constructionof a six=
foot ,high solid board redwood -fence along the creek. On notion of
Mitchell and Simpson, this . tentativve map was approved . in accordance
with the recommendation:
A report was also receivedd from the Planning Commission
recommending approval of, the tentative map,of a portion 'of Lot 101,
Wooster: Subdivision,.sub ect,to.the.tollowing-conditions as retool_
mended. by the City Engineer: -TheConatruction of a solid board red-
wood- tense along. the northwesterly .:iine* of the 15 -foot storm drain-
age-easement:and to the shaping. and protection of the channel. of Dry
Creek..to the satisfaction-of.the,_City Engineer. On motion of Mit-
chell and Simpson,.this tentativermap was; approved in accordance
with the recommendation..
Lot ;Division.
A.reportwas submitted. by the Planning Commission recom-
mending' approval of the application. of John A. Hartsock to divide a
portion of Lot 94, Wooster Subdivision, in the 700 block of East
Meadow Drive, into two, parsers • It; _was explained that the Planning
0fticer;could not ,approve this lot --division administratively:because
the access way from East Meadow Drive its less than the required .24
feet. -
On motion of Marshall ,and Cresap, the recommendation of
the Planning. Commission was adopted and the lot division approved.
Refuse Disposal Area Rates
A proposed. ordinance amending Section 31.19 of Codified Or-
dinance -No. 5 regulating rates at the.city dump was introduced, and
on motion of Mitchell and Cummings,' was, accepted for first reading.
The proposed amendment:provides that non-resident gardeners may be
issued permits by the. City Manager to use the dump without payment of
any fee upon a showing of proof, satisfactory to the City Manager,
that pore -than one-half of their:customers are in fact Palo Alto
residents.
Eepeal '01'. Sect1or .25* 01'Administrative Code
A proposed ordinance,repealing Sections 254, 254.1, 254.2.
and 254.3 of the AdministrativeCodewas introduced and accepted for.;•
first reading! The City Attorney. explained that these -sections re-
-letting-to:the Disaster Counc l; were. adopted in 1950, and that in Feb-
ruary, 1951, the Council adopted•an ordinance relating to Civil De-••
fense and Disaster=which conflicts with these particular sections of
the code,, and•it-was.his recommendation that they be deleted.
Claim for Ra es
A` report. was : received .from the: City. Attoxney regarding a
claim. in the sum of> $2,000..00 ,filed by the ;Palo Alto Transfer and
Storage Company for damage done to a, semi -trailer on December 22-23,
1955',. when a : -large tree ;fell',' on ,it. Thee<City Attorney advised that
the tree wasblown..over by the heavy storm; that there was no evi
denc.e theetree was rotted, -and in his opinion there is no liability
on the part. of the City.
Mitchell, the claim was denied.
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Removal of "S" Zone
Councilman Bishop`pointed out that the parking program
for the California Avenue' District is progressing and that the
bonds will- soon: be sold so that the .acquisition and -construction of
the parking ,lots can -be; completed. He verged that the "S" Zone be
removed from:the district'.
On motion of -:Bishop and Marshall, the City Attorney was
requested to prepare a; resolution for the Council's conaideration
at its next meeting .on Janesary 23, 1956, removing ti. "S" Zone from
the California Avenue District, Project 55-5.
On motion of Simpson and Cresap, the City Attorney was al -1
so requested. to prepare a resolution for the next Council meeting,
removing the "S'1 Zonefrom;that portion of the University Avenue
District 52-14 from which the "S" Zone has not already been removed.
The Council requested that the "S" Zone map of the Univer-
sity Avenue district .bo available at the next meeting for revie3re
There being `no'further business to come before the:;Coun-
cil, the meeting was adjourned at 10:10 P.M.
APPROVED: /
Mayor