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HomeMy WebLinkAbout04231956�xM ; •-w M Hwy... °, Y . f*• ^ wHprr r r +S IS h,, 1 av, M y { R! M t 419 City Hall, Palo Alto, California April 23, 1956 The Council of the City of Palo Alto met on this date in regular session at 7:30 P.M., with Mayor Porter presiding Roll call as follows: proved. Present: Bishop, Byxbee, Corcoran, Cresap, Cummings, Davis, Drysdale, Giffin, Mitchell, Mavis, Porter, Rodgers, Simpson. Absent: Marshall, Ruppenthal. The minutes of the meeting of April 9, 1956, were ap- Project 55-5, Off -Street Parking, California Avenue District gale of Par • ng Bonds A report was received from the City Manager on the bids received at 4:00 P.M. or this date for the sale of $245,000 parking bonds of 1956, as follows: Total Net Average Bidders Interest Interest Rate J. S. Hanauer & Co. and Associates $174,499.22 3.9185% Stone & Youngberg, Lawson, Levy & Williams and Associates $186,395.22 4.1856% On motion of Cummings and Drysdale, the bid of J. B. Han- auer & Company and Associates was accepted, and Resolution No. 2725 awarding the sale of the bonds to said company in accordance with their bid was adopted by unanimous vote on roll call. (Councilman Ruppenthal came at this time, 7:40 P.M., and was present for the rest of the meeting.) Petition for Improvements, El Camino No. 1 Area A petition with 109 signatures was received from residents and property owners in Charleston Meadows, Blossom Park:and-Rae Park,in the southern portion of the El Casino No. 1 area which was annexed to the City of Palo Alto in December, 1954, requesting, the Council to take appropriate action to provide storm drainage faoili- ties, sidewalks, curbs and gutters, and street lights, and that the necessary engineering work be undertaken to determine what the cost of the improvements would be to the property owners. Mr. Samuel C. 'Boardman; 4173 Francisco Way,:addressed the Council In behalf of the )petitioners Mr. Boardman advised that although this area has' been In - the city limits of Palo,Alto over a year, they are still,being served ai th gas and;elect:ricity by, the Pacific Gas & Electric Company, and hope that they will soon be getting utility service from the City of Palo Alto. The City anager stated that the City is doing everything can to e.xpedite.the sale of the utility properties to the City 'and expects that the transaction will be completed within the next month or: ` two e . 'On motion of Cresap'and Bishop, the petition for improve- ments was referred to the Engineering Department. Library Program A letter was received. from Stephanie Casaurang, President of the Palo Alto Citizens' Association, requesting answers to cer- tain questions regarding the library bond proposal and the financing: of the expanded library program. This was referred to the staff for' ;reply. 0 Councilwoman Corcoran brought up a question regarding the . wording. of the minutes of the last Council meeting concerning the re- port of Committee No. 2 on the Library program, and stated that it seemed to her the understanding in Committee that a branch library would be maintained ir...the downtown.'area was not clearly stated. At. her'suggestion, it was -moved,. seconded and carried that the Council adopt the proposal for maintenance of a branch library in the down- town area. Hydrant Rental A letter was received from the Los Altos County Fire Pro- tection District concerning the hydrant rental increase, stating that the Los Altos Fire District Commission feels that there should be a limitation of,the,amounts charged to fire protection service to only: those items essential for its functioning, and enclosing a copy:of'.a report and summary for the Council's consideration. The City'Manager reported that there are nine fire hydre4ts in the Los Altos Fire Protection District involved in the rate in- crease which becomes effective July 1, 1956. It was moved by Byxbee, seconded by Mitchell, and carried that the same hydrant rental rates be maintained In the Los Altos Fire Protection District as established for the Barron Park Fire Dis trict and elsewhere outside the city limits. Annexations to -Mountain View Notices of proposals for the annexation of Brranda #4 and! Moffett #4 to the City of Mountain View were received and placed on file-. Bids on -Hospital Parking Lot A report was submitted by the City Manager on the bidsre-• ce ved on April 6,•"1956,. for the construction of a parking lot at the ?alo Alto Hospital, with the. recommendation that the low bid of • Freeman Paving Company in the amount of $23,089.45 be accepted. On motion of Byxbee and Navis, and by unanimous vote on roll call, the bid of Freeman Paving Company was accepted .and the Mayor was authorized to sign the contract for the work. Architect for Junior Museum Addition The City Manager recommended that Harold C. Ahnfeldt be re- pained as the architect to design the addition to the Junior Museum. On motion of Mitchell and Cummings, and by unanimous vote on roll call, the recommendation was approved and the Mayor was au- fthorized to sign the contract -with Mr. Ahnfeldt for his services on the project. Inter -City Council Drainage and Flood Control Report The City Manager called attention to the report of the Drainage and Flood Control Committee of the Santa Clara County Inter - City Council, a copy of which was distributed to council members in News Letter No. 56-2. 'The conclusions end recommendations in the re- port were read. The City Manager recommended that the report be adopted by the Council and that the Inter -City Council, the Board of Supervisors, and the Santa Clara County Flood Control and Water Con- servation District be notified of this action. It was moved, seconded and carried that the report of the Inter -City Council Committee on drainage and flood control, dated March 8, 1956, be adopted. 421 Presentation of Plaques for Public Service Plaques were presented to Gus A. Anderson and Robert H. Anderson of the Pala Alto Materials Company, John Demeter: and Worth ?rine of•the Peninsula Transit Lines and Yellow Cab Company, and to John H .Rickey and Harry Kimball of Rickey's Studio Inn,- in recog- nition cf the:great public Service they rendered to this community. and its citizens during the flood emergency of December 22 and 23, 1955. The City Manager advised that these three firma had not only given time and effort in the emergency but money and materials for which they had refused reimbursement, and the local De- fense officials felt they should receive special recognition for the services they had rendered. Concession Stands in Parks On motion of Bishop and Rodgers, the City Manager was au- thorized to negotiate and sign contract for operation of the conces- sion stands located at Rinconada Park and El Camino ?ark. Site for Branch Library The City Manager reported that possible sites for the lo- cation of a branch library in the Mitchell Park area have been re- viewed, and it has been determined that the proper site is a one - acre parcel adjacent to Mitchell Park, owned by the Little League Corporation. He recommended that the Council take the first step toward acquisition of this property, as an individual now has an op -1 tion to buy the property. Resolution No. 2726 determining that public interest and necessity require the acquisition of certain :property was Intro- duced, and on motion of Cummings and Mitchell, was adopted by uraniJ mous vote on roll call. Project 52-13, Off -Street Parking, University Avenue District Traffic ; Parking, and Redevelopment Plans This was the time for a hearing on ;,ropoced modifications to Project'52-i3. All matters in connection with this project had - been continued. to this date. Letters of protest to the taking of properties fronting on the Circle and University Avenue have been received from the foe-, lowing property owners and merchants: John P. Demeter, 107'Circle; Fred. H. Smith, H.- Perry Smith and Earle F. Smith, 102-106 Circle; 3un.gey Travel,.Inc., 110 Circle; Pappas Bros., 105 Circle; Dalton Realty Company, 101 Circle,; Dorothy E. ?ulson, 103-109 Circle; and Gerald M. Schwartz, 135 University Avenue. A letter was received from Jules H. Be nheim, owner of property on University Avenue and High Street in Block 4, asking thci Council to make a decision on the parking project as soon as poseb'e. The City -Manager advised that the consultant and the staff are.:pr:pared to present at this time the studies which have been made by. direction of the Council concerning parking and traffic pans and- the redevelopment of the lower University Avenue and Circle area. Mr. John C. Worsley of the firm of .Ernest 3. Ku;m, a_r.,chi- tect, made .the presentation of plans for parking lots in the blocks] • on both sides of University Avenue from Alma to High Street, includ ing landscaping of the area to provide a park -like entrance to the University Avenue business district. Mr. Worsley presented charts and maps to show building. distribution, traffic circulation, and off-street parking in.the.University Avenue district, and submitted suggestions for future.redevelopment of the area in various stages. .....,mr,.,.r +•.+.rte 499 .J r1 A report on. Traffic and Parking in the University Avenue Business District, prepared by the Planning Department, was present ed by the Planning Officer.- He advised that the suggestions and rte-; ommendations contained in the report have been reviewed by the Staff Traffic Committee, and that the.. committee is in accord with and rec--: ommends the improvements listed "For Immediate Action" and "For Ac- tion as soon ae Possible" in the summary of recommendations. The recommendations•aor immediate action are as follows: 1) Recognition in principle of the need for a system of peripheral, access and parking streets; 2) designation of Guinda from Lytton to C.hanning, Waverley from Lytton to Embarcadero, and Channing from Guinda to Newell, -as arterials; 3) designation of the following streets as one-way arterials: Charming (west) and Homer (east) from. Alma to Guinda, High. (south) from Hawthorne to Charming, and Byron (south) from Palo Alto Avenue to Lytton; and 4) removal of parking from both sides of Waverley for one-half block north and south of University Avenue, and, from both sides of University from the Circle to High Street. The items recommended for action as soon as possible in- clude the completion of the Willow Road Connection, the improvement of the University Avenue underpass, and the widening of Lytton from Cowper to Middlefield. Recommendations for improvement of traffic flow and parking were included in the report in a suggested long- range program. There was some discussion on the possible cost of the park- in lot plan. outlined by -Mr. Worsley. The Assistant to the City Man- ager. advsed t`nat.the acquisition of. the property in Blocks 4 and 5 . as shown on the layout would cost approximately $800,000.00. The cost of• improving the lots would be additional, and no figure was available on the cost of depressing the parking area as suggested by Mr. Worsley. (firs. Corcoran left at this time, 8:45 P.M., and was absent for part of the meeting.) Before opening the hearing to the public, the Council took' a recess at this time and reconvened at 9:00 P.M. Opportunity was given at this time for people in the audi- ence to be heard on the :natter. No one spoke at this time. a A motion was made by Cresap, seconded by Giffin, that Project 52-13 be modified by the acquisition of properties on both sides of.University.Avenue in Blocks 4 and 5, including the frontag- es on University Avenue and extending toward Lytton and Hamilton Avenues, taking in the center of the, blocks from Alma to High Street. Mr. Cresap remarked it making the motion that the district may have to be enlarged because more people will be benefited by the programe and that a'financing plan will have to be worked out. (Mrs_ Corcoran returned, at 9:15 P.M. and was present for'thee rest of the meeting.) There was considerable discussion on the proposed parking: lot plan, its `probable Cos-t,.redevelopment and beautification of the area, traffic circulation and ether'phases of the project. Mr. John Demeter, owner of property on'the Circle, told the Council that' the area needs. parking facilities but he feels that the University.. Avenue frontage is too expensive; that parking should be developed in the interior of the blocks. The vote on roll call on the motion to acquire properties in Blocks . and 5 as shown on the map submitted was as follows: Ayes: Bishop, Cresap, Cummings, Davis, Drysdale, Giffin, Navis, Porter, Rodgers, Ruppenthal. Noes: Corcoran, Mitchell. Not Voting: Byxbee. (Simpson was absent from the room during the roll cal:..) • 423 The motion was declared lost, modifications to the proj- ect for additional acquisitions of property requiring 12 votes for adoption. Council.ma-n Mitchell explained that he voted No on the mo- tion because he feels the.plan is too ambitious and costly. Mrs. Corcoran pointed ou.t that the project was not included in the repork. of the Capital Improvement Program Committee which had made a study of the capital program, and that the completion of the parking proj4 ect as outlined Would require financing from sources besides parkin meter revenue and the assessment district. After further discussion, it was moved by Rodgers, second- ed by Mitchell, that four parcels on the northeasterly side of .Nigh Streetbetween:University and Hamilton Avenues be acquired. It was pointed out that these particular parcels have been previously`can- sideredas modifications to the project. Miss Dorothy Paulson, operator of the Excelsior Sa1es.Com- pany, spoke to the Council at this time, stating that: she, had can- vassed merchants in the area to see. how they feel about the parking. project, and she had discovered that four out of five people cork- tacted had' expressed a desire for parking fac1litie:. In the interioi of the blocks. The roll, cal. vote on the motion to acquire certain prop- erties on the northeast side of High Street was as•follows : Ayes: Bishop, Corcoran, Cresap, Mitchell,' Rodgers, Rup- penthal. Noes: Cummings, Davia, Drysdale, Giffin, Porter. Not Voting: Byxbee, Navis. (Simpson was absent during the roll call.). The motion was declared lost. There was more general discussion in which it was agreed that the entire proposal should be given further consideration at the next meeting and financing methods explored. It was moved by. Ruppenth a1, seconded and carried that it is the sense of the Council that the redevelopment plan of- the Cir- cle area be ztudied by the City Manager ard staf, f , and that they submit a report with suggestions for any and all alternative meth- ods of financing, either for the entire project or a portion of it. On motion: of Mitchell and Davie., ^.l1 matters in connection with ?reject 52-13 were continued to the next meeting on May 14, 1955. (Councilman Simpson returned at thl.s time, 9:55 ?.I.., and was precert for the rest of -the -meeting.) Proposed Amendment to Zoning Ordinance (Retail Sales in R-3-?) A report was received from the Planning Commission recom- mending that a proposed amendment to Section 8B.02 of the Zoning Ordinance to•prohibit retail sales of any goods, drugs, or merchan- dise in connection with any use Ir. an R -3-P Zone be not adopted. A motion has. made by Mitchell,•seconded by Cresap, that the recommen- dation of the Planning Commission be approved. Mr. Donald 5..Bibbero, Executive Secretary of the Down- town Palo Alto. Association, a newly corned organization, addressed the Council, requesting • that, the ;natter be referred back to the Planning -Commission for further hearings. Dr.'Russel V. Dee, Executive of the Palo Alto.Clinic, spoke in -support of the Planning Commission's recommendation, pointing out that the practice of pharmacy is considered to -be a 494 profession and, suggesting: -,that a statement be included in the Zoning Ordinance that the profession.of pharmacy is proper and permissive in the Professional Zone. It was noted that a prescription pharmacy has been estab- lished at the Palo Alto -Clinic andanother is proposed to be locat- ed in a new medico -dental building'now under construction on Middle- field Road. Mr. William Joyce, attorney, addressed the Council on be- half of some of the proponents of an ordinance to prohibit retail sales in the R -3-P district. He called attentioi: to suits which have been filed against the City Attorney, the City and the Palo Al- to Clinic, and stated that he thought any action taken by the Coun- cil would be inappropriate at this time. He asked that the matter be continued for two months, at which time there may be a decision by the court. Dr. R. D. Chamberlain, 884 Middlefield Road, urged the Council to uphold the action of the Planning Commission. Mr. John Donegan, attorney, also spoke in favor of allowing prescription. pharmacies in the professional zone. Mr. Gordon Claycombe, adminis- trative assistant of the Palo Alto Clinic, submitted pictures of the pharmacy at the Clinic and presented information regarding the activity. Dr. Bernard Aarons, a dentist at 888 Middlefield Road, agreed with the previous speakers that prescription pharmacies should be permitted in connection with medico -dental buildings. Mr. Bibbero spoke again briefly, advising that the Down- town Palo Alto Association does not represent any particular group but all the merchants and property owners in the downtown area, who feel that the whole problem of retail sales in any zone except C zones should be reviewed and given further study by the Planning Commission. Councilman Bishop stated that at the request of certain people he had asked the City Attorney for a ruling regarding the sale of drugs in the R -3-P zone; that since then litigation had been flied in court and he warted to crake it clear that he was not a par- ty to the suit. It was moved by Bishop, seconded by Davis, that the matter be postponed until the court has made a final determination. After further discussion, the motion waa lost by a voice vote. The previous motion to adopt the recommendation of the Planning Commission was there carried by the following vote on roll call: Ayes: Cresap, Drysdale, Giffin, Mitchell, Navii s, Porter, Ruppenthal," Simpson. Noes: Bishop, Byxbee, Corcoran, Cummings, Davis, Rodgers. (The Council took another recess at this time, 10:'5 P.M., and reconvened at 11:00 P.M.) Final Map of Tract 1722, Meadowpark Unit No. 5 At the last meeting the Council deferred action on the final mar of Tract No, 1722, Meadowpark Unit No. 5, which the Plan-- ningCommission has recommended for approval subject to furnishing additional public utilities easements, the designation of the 10 - foot easement along the easterly boundary as a drainage easement, and furnishing additional 10 -foot drainage easements as necessary, and further, that the name of Montrose Avenue be changed to Louis Road to conform with. the present pattern of Louis Road. A letter was received from George S. Nolte advising that he did not intend to ask for deferment of action on the map; that: the intent in his previous letter was to ask for an extension of time to cover .the" filing of thefinalr map, and that he would appre- ciate approval -of the bap at this meeting. :Resolution No. 2727, approving the final map of Tract No,. 1722, Meadow ers and Si 425 rk Unit No. 5, was introduced, and on motion of Rodg- n, was adopted by unanimous vote on roll call. Ordinance•No. 1681, changing the name of Montrose Avenue to Louis Road, was given second reading, and on motion of -Rodgers and Simpson, was adopted by unanimous vote on roll call-. Tentative Map of Tract_1585 A report.was received from the Planning Commission recom- mending that a one-year extension be granted on the Tentative -Mao of Tract 1585, being a portion of Lot 51, Wooster Subdivision.' • On -motion of Rodgers and Mitchell, the extension: of- time on this tentative map was granted as recommended by the. Planning•Com mission. Tentative Map of Lots 99 and 100, Wooster Subdivision: A report was submitted by the Planning Commission recnrr,- rnen6.1ng that the. Tentative Map of Lots 99 and 100, Wooster Subdivi- sion, be denied adopted. Or. :notion of Rodgers and Mitchell, the recommendation was Zone Chafe, Portion Lot 67, Wooster Subdivision A. report was received from the Planning Commission recom- mending approval ofthe zone change proposal, on the initiative of the Planning Commission, for rezoning portion of Lot 67, Wooster Subdivision, awned by G. E. Carey, and portion of the same lot, known as 711 and.719 Colorado Avenue, owned by Evelyn C and: -Eleanor Floor and John. R and Mettle B. Overmiller, from R-2 to C -2.S... On motion ox Mitchell and Ruppenthal, a proposed ordinance providing for the change of zone was accepted for first reading. Zone Change (Ehmann et al.) The planning Comr;iission recommended approval of the Zone change proposal on the initiative of the Planning Commission, to> re- zone: the properties of Victor and Mary Ehmann, i:inkichi and Mary ' Osugi, Hideo and Kiyomi .Yamashita, and Hathan and Yuriko Kimura, be- ing a portion of Rancho Rincon de San Prancisquito, southeast of West Meadow Drive between El Camino Way and the Southern, Pacific Railroad,,from R -1:A to R -1:B -7:A. On motion of Mitchell and Rupperthal, a proposed ordnance providing for this change of zone was accepted for first reading. (Councilman:Drysdale left at this time, 11:05 P.M., and was absent for the rest of the meeting.) Zone Change in Tract 1150 (Carey) A report was received from Committee No. 1 recommending that the ordinance rezoning the property of G. E. Carey in Tract No. 1150 to R -3-P be approved for second reading. At the suggestion of the Planning Officer, the ordinance was amended to exclude f:^om the change of district the area which will be included in the proposed parking lot, leaving this particu- lar portion of the property in R-2. Ordinance No. 1682, amending the Zone Map to provide for the rezoning of certain property in Tract No. 1150 from R-2 to R-3-P,j was given second reading', and on motion of Nevis, duly seconded, was, ,adopted by unanimous vote'on roll call. Zone Change Application (Dymond) A report was: received from Committee No. 1 advising that • R It concurs with. the P1anrirrg,Commission in recommending denial of: the application of Jack andXathryn Dymond for rezoning of the north- west corner of Middlefield Road apd Sutter Avenue from R -3-G to C-3. It was moved by Navis, seconded and carried, that the re pert be adopted and the application denied. Zone Change, 779 Loma Verde Avenue Coo er A report was submitted by: Commi ttee No. 1 recommending that the property :of"William J. Cooper at 779 Loma Verde Avenue., be- ing a portion of Lot 78•r Wooster Subdivision, be rezoned from R=1 tai :R -3-G, with the understanding that the development will be restrict ed.,to one-story buildings.. The committee pointed out that this has been a problem area and the committee. felt that R-3.. zoning is a logical transition between the existing manufacturing area on one side and the residential on the other. On motion of,Mitchell and Bishop, a proposed ordinance proms viding for this zone change was: accepted for first reading. Councilman Byxbee pointed out that Committee No. I approved R -3-G zoning for, this one particular piece of property in view of its transitional aspect between the industrial and residential districts; and it is the intention of the committee that there shall be no fur Cher extension of the R -3-G zone in that area. Storm Drainage System, Engineering Services A report was received from Committee No. 1 recommending that an appropriation not to exceed $8,000.00 be made to Account 130-E. for the purpose of retaining the engineering services of George S. Nolte for the preparation of plans and specifications for improvements to the stormdrainage system. It was moved, seconded and carried by unanimous vote on roll call that the sum of $8,000.00 be transferred from the unappro- priated balance of the General Fund to Account 130-E for this pur- pose, and that the Mayor be authorized to sign the contract with Mr. Nolte. Water Distribution System, Engineering Study Committee No. 1 recommended that the City Manager be au- thorized to negotiate an agreement with the firm of Brown and Cald- well for an engineering study of the Water Distribution System. It was moved by Mitchell, seconded and carried that the recommendation be• adopted and the City Manager be authorized to ne- gotiate suc'r. agreement. Sale of Hospital Bonds, Series "A" A report was received from Committee No. 3 recommending that the Council call for bids -for the sale of $1,000,000 of the Hos- pital Bonds, the bids to be received on May 28, 1956. Ordinance No. 1683,.•providing•for the issuance of $k,000,- 000 principal amount of "City of Palo Alto Hospital Bonds of 1955," providing for their issuance in series, and directing Notice of Sale of Series "A" bonds.in• the amount of $1,000,000, was introduced, and on motion of Mitchell,•duly seconded, was adopted by unanimous vote or roll call. Monroe Park Annexation A report was received from Committee No. 3 recommending t:".at consideration of the pet.tion for consent to commence proceed- ings for the annexation of Por`roe Park be deferred for an additional period of four months. . It; wad- pointed out that the petition was re- ceived in October, 1.955, •and deferred at that time for six months. On motion• of Mitchell and Cummings, consideration of the matter was deferred for four months. Councilman Mitchell, Chairman of Committee No. 3, advised that while the Counci.1.has not adopted a fixed policy, the committee, had informed the representative of the petitioners that in the event! of annexation to thc-.City they would be expected to install improve- ments to city standards within.' reasonable time. Annexation Fees The question -of adopting :fees for the privilege of annexa- tion to the City was referred to Committee No. 3 for study. Mileage Rate for Private Cars A report was.received from Committee No. 3 recommendf.ng that the rate paid for use of private cars on city buai ess . be in- creased from 5 cents . to 7 cents per :Wile. It was moved by Mitchell, seconded and carried that the recommendation be adopted. Salary Survey A report was received from Committee No. 3 recommending that the City Manager be authorized to retain the services of the firm of Louis J.• Kroeger and Associates to make a salary survey fort the City of Palo Alto, at a price not to exceed $1,100.00. After -discussion, it was ;roved by Mitchell, seconded and carried by unanimous vote on roll call that the reccmmendation be adopted and the Sum of $1,100.00 be transferred from the unappropri- ated balance of the General Fund to Account 107-C for the purpose. Boat Works Lease Committee No. 3 -recommended that the City Manager be au- thorized to negotiate a new lease for the Palo Alto Boat Works. -On motion of Mitchell and Simpson, the recommendation was adopted. Purchase of Treasury Bills Resolution No. 2728, authorizing the Treasurer to ourchwae $300,000 United States Treasury Rills due July 19; 1956, at 2.70 pe4 cent discount basis, for $298,065.00, was introduced, and on motion of Mitchell and Rodgers was adopted by unanimous vote on roll call. Amendment to Zoning Ordinance (L -M Uses) Ordinance No. 1684, amending the Zoning Ordinance. by add- ing Section 15.Ok to permit service stations with a use permit in the L -M District, was given second reading, and on motion. of, Mit- chell and Cresap, was •adoptecl on roll call with 11 Ayes, Corcoran voting No and Navis not voting on the motion. Amendment- to Fire Prevention Code The Council accepted for first reading a proposed ordi- nance amending Sec. 17.3.10 o.f Codified Ordinance No. 5 -by adding a paragraph"te: the Fire Prevention Code to the effect -that "it shall be unlawful for' any' person to maintain a fire nuisance or to fail to comply with any -order of any member of the Bureau." Hospital Agreement The City Attorney reported that the Board of Trustees of 1 Stanford University have considered the proposed agreement between ! the City of Palo Alto and Stanford University for operation of the Palo Alto-Stanford.Hosp'ital'Center, and have approved the agreement 428 in principle. They suggested two changes for consideration. They asked that the Council reconsider the provision in Paragraph 4 con- cerning membership of the Board and permit an officer of either par-, ty to be a member. After discussion, it Was moved by Mitchell, seconded by Davis, and carried by a voice vote that the last sentence of Para. - graph 4 be amended to provide that not more than one member of the Council and one member of the:Board of Trustees may be members of the Board of Hospital Director's. The other change suggested by Stanford was the elimination of Paragraph 14, Contracts for Professional Services. After discus-' liona it was moved by Mitchell, seconded by Simpson, and carried by a voice vote that Paragraph 14 be omitted from the agreement. The City Attorney advised that he is going to have further: discussion with Stanford representatives concerning the inclusion.in: Paragraph 1 of a clause to providefor the setting up of a non-prof- it corporation composed of the City and Stanford for the purpose of operating -the Hospital. `Objection was made by Dr. Davis to an in- corporation clause. After some discussion, it was agreed to leave it out .of the agreement at this time, and give this particular ques- tion further study. Councilman. Ruppenthal suggested that consideration be give en to amending Paragraph 9 to provide that an appeal may be made by a majority of all'members of the -medical staff present and voting on the question instead -of by a majority of all members of the staff. There was some discussion, but no action was taken to make a modi.fi cation'aa suggested. - On motion of Mitchell and Simpson, the Mayor was author- ized to sign the agreement,as approved• by Committee No. 3 and- the - Council, with the two amendments made this evening. The vote was by •roll call, with 12 Ayes, Byxbee voting No. In answer to ..questions raised by Mrs. Corcoran regarding the allocation of costs for the hospital protect, the City Manager advised that. the architect sends a report to the City and to Stan- ford regularly on and overage in the cost estimates and has prorated the cost estimates on a fixed formula; that Stanford representatives have stated that they will pay whatever amount is required for their share of the core facilities. It was pointed out by the City Manage 1 er that the exact cost will not be known until bids have been taken. Claim. for Damages A report was received from the City Attorney relative to the claim filed by Mr. and Mrs. John H. Talbot in the sum of $14,- 000.00 and for the recovery of an undivided 4750 square feet of land recently acquired by the.City from Pine and Company for a parking lot in conjunction with Project No. 55-5. The property is located on Cambridge Avenue.andgat the time of its acquisition was subject to a declaration of establishment -of restrictions which restricted the use of the property to parking •purposes for the benefit of prop- erty on California Avenue owned by the Claimants. The restrictions• were terminated with. the removal of the "S" Zone in January, 1956. The City Attorney advised that in his opinion there is no -merit in the claim and he recommended that it be denied. It. was moved by Mitchel. , seconded and carried that the repot of the City Attorney be accepted and the claim denied. Project 5a-8, Street Lighting Reconstruction Upon recommendation of the City Engineer, anC on motion of Mitchell and Cummings, the Council granted an additional month' ex- tenSion of tine to May 29, 1956, for cash payments of a ::esz ents un- der Project 54-8. • Tax Refunds On recommendation of the Controller, it was moved, seco;:d; ed and carried by unanimous vote on rot" call that the following re j. funds be authorized,for duplicate payments of tax bills : Tax Bill No. 9575 Tax Bill No. 3296 Tax Bills No. 11677 and No. 11707 Tax Bill No. 8110 Tax 3111 No. 8748 Tax Bill No. 46!2 2/J.51 7.48 32.05 23.4.5 '40 07 44.86 Pinball Machines On motion of Cresap and Ruppentha 1, a. proposed ordinance prohibiting pinball machines in the City of Palo Alto was accepted for first reading. There being no further business to come before the Cour.- ci1, the meeting was declared adjourned at 12:05 .A.M., Apri'l. 24, 1956. ATTEST: