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HomeMy WebLinkAbout06251956454 City Hall, Palo Alto, California; June 25, 1956; The Council of the City of Palo Alto met in regular ses- sion on this date at 7:30 P.M., with Mayor Porter presiding. Roll Call as follows Present: Bishop, Byxbee, Corcoran, Cresap, Cummings, Davis, Drysdale, Giffin, Marshall, Mitchell, Navis, Porter, Rodgers, Ruppenthal, Simpson. Absent: None. proved. Project 52-13, Off -Street Parking, University Avenue District All matters in connection with Project 52-13 had been con- tinued to this date, and this was the time set for hearing on Reso- lution No. 2735 of Preliminary Determination and of Intention to make changes and modifications in Project 52-13 by the acquisition of certain parcels on both sides of Emerson Street between Universi- ty and Hamilton Avenues, being portions of Block 5 and Block 12, University Park. Written protests were received from nineteen merchants on Emerson Street and from the West Coast Glass Company, 5k1 High Street, objecting to the acquisition of their business establish- ments for off-street parking. The hearing was declared open. Mr. Richard Clark, attovr.y representing the owners and operators of the Golden Dragon Restau- rant, addressed the Council in protest'to the taking of this proper- ty and opposed the interior lot plan for parking. He asked the Council to consider taking only property which is offered for sale. Councilman Cummings answered points raised in the letter from the Emerson Street merchants, a copy of which had been received by each council member. He noted that there were relatively few pro- tests considering the number of property owners and merchants in- volved in the 52-13 district, and urged adoption of the interior lot plan, known as the merchants' plan, which he felt would accomplish the greatest good for the -largest number of people. Mr. Cummings ad- vised that a period of time for relocation and other means could be devised to eliminate any undue hardship to businesses whose places would be taken for the parking project. Councilman Navis stated that he has advocated the Circle plan, prepared by Ernest.Kump, architect, as he feels it offers more as far -as the overall program is concerned; that while it does not provide as much parking as the merchants' plan, it will improve the , traffic program and make a more attractive entrance to the City at that point, thus benefiting ail of the University Avenue district. It was moved by Navis, seconded by Cresap, that the Council adopt the Circle:.plan for off-street parking, which involves the ace, auis'ition of prope,rty..in Blocks 4 and 5 with frontage on both sides of University Avenue and the Circle, and on Alma and High Streets. After discussion of possible financing methods and estimat= ed costs and other factors involved in the plans under consideration; the Mayor called fora preference vote on the Circle plan. The vote on roll call was as -follows The minutes of the meeting of June 11, 1956, were ap- Ayes: Bishop, Cresap, Davis, Giffin, Navis, Ruppenthal. Noes: Corcoran, Cummings, Drysdale, Marshall, Mitchell, Porter, Rodgers`. Not Voting: Byxbee. LCouncilman Simpson.was absent during roll call.) t;,40, -..�s•,Jax rw.'=+,�,r.--+�wv.w.w�:+r�*w.,rw.w...a^-,�..w�w.�c+.:�-.�ru1..�•y.w.wr J l 45=5 A preference vote was then taken on the merchants' plan for interior lot parking, and the roll call was as follows: Ayes: Bishop, Corcoran, Cummings, Davis, Mitchell, Por- ter, Rodgers, Ruppenthai. Noes: Byxbee, Cresap, Drysdale, Giffin, Marshall, Nevis. (Simpson was absent during the roll call. He had left the meeting earlier and did not return until 10:00 P.M.) Neither plan received the 12 votes required to proceed without compliance with the Special Assessment Investigation, Limi- tation an(' Majority Protest Act. The Council then proceeded to the consideration of other items on the agenda, agreeing to have further discussion on the parking project at the end of the meeting. Adobe Creek The City Engineer reported on plans for the improvement ofi the portion of Adobe Creek between Middlefield Road and the bend on the easterly boundary of the Meadowpark Tract by construction of a reinforced concrete lining, which will be completed before next win- ter s rains. The City Manager advised that the improvement of Adobe; Creek and other streams is the responsibility of the Santa Clara County Flood Control District, and inasmuch as the bond issue for flood control work will not be held as soon as originally planned, the City has arranged to loan $50,000.00 to th,e County Flood Control District for the improvement of Adobe Creek, this sum to be paid back to the City by funds from the bond issue or by taxes of the Disc trict. Messrs. Scott McClellan, Arthur Keller and: Harold, Shapiro, representatives of the Meadowpark Association, presented petitions from residents of the area expressing their concern over the condi- 1 tion of Adobe Creek and requesting its improvement before the next rainy season. Questions by Messrs. McClellan, Keller and Shapiro re- garding the plans for the improvement of the Creek were answered by ' the City Manager and City Engineer, and it was explained that the plans have been prepared by the Santa Clara County Flood Control Dis trict which could` be contacted for further details on the project. C { Annexations to Mountain View Notices were received and filed regarding the proposed an -f nexation of areas designated as Montalto #2 and Montalto #3 to the City of Mountain View. R-4 Zoning Regulations A letter was received from the Palo Alto Chamber of Com- merce requesting that studies be undertaken by the Planning Commis- lion on regulations of the present R-4 zone with a view, .to changing the ordinance to permit smaller apartment units for u portion of the R-4 area near the University Avenue business district. The letter was referred to the Planning Commission.. It was reported that the Commis :on is already making a study o,f the matter. Commendation to Civic Improvement Committee A con;muni-cation was received from the Chamber of Commerce commending Councilman Cresap and the ,Citizens' Committee for Civic Improvements for their work in connection with the recent bend elec- . Lion. Naming. Community Center - A letter from the Chamber of Commerce requesting that the 456 name of the Community Center be changed to "Lucie Stern Community Center" was referred to Committee No. 3. Sales Tax - A letter was received from the Chamber of Commerce request- ing, in connection with -the. study being made. by the City Manager re- garding a sales. tax for Palo Alto, that interested committees of - the;. Chamber of Commerce be permitted an opportunity to present appropri- ate recommendations for needed :capital. improvements to be financed from sales tax revenue. At the suggestion of the Mayor, it was agreed to wait until the City Manager's report is submitted before contacting the Chamber of Commerce for their recommendations. Anti- Rabies Vaccination -:for Dogs A letter was received from Dr. W. Elwyn Turner, Director of Public Health for Santa Clara County, advising that the total area of Santa Clara County has been declared a "rabies endemic area," and', asking that an emergency ordinance be adopted by the Council amending the Palo Alto dog license ordinance to require that before a license, is issued a certificate of anti -rabies vaccination covering the li- cense period be furnished. The City Manager pointed out that Palo Alto is the only cie ty in the county which actually operates its own Animal Shelter, and that Palo Alto has.a leash ordinance. He advised that he has been'. ; !informed that the requirement of anti -rabies vaccination will create a public relations problem for the, City in the issuance of licenses,; many of which are handled'by mail., and that many people do not like to have their animals vaccinated. Dr. Turner was present and addressed the Council, stating that there is rabies in. the wild animal population in the county and it can easily get'into the dog population and the human population, and in his opinion the only effective way to stop an outbreak -of ra bies is to have dogs vaccinated. He advised that other cities in the County are adopting the recommended ordinance. Ordinance No. 1693, amending Section 18.22 of Codified.Or-' dinance No. 5, requiring anti -rabies vaccination, was introduced, and on ;notion of Mitchell and Rodgers, was adopted as an emergency ordi- nance by unanimous vote on roll call. Matadero Mosquito Abatement District A report was made by the City Manager on the history of the formation of the Matadero Mosquito Abatement District, which cov-. ers a portion of Santa Clara County. The City of Palo Alto by Coun- cil action was included in the district on June 25, 1917. The report stated that a mosquito abatement program was inaugurated by Santa Clara County in 1953, as a function of the County Health Department which serves all of Santa Clara County except the City of Alviso which has its own Health Department and the area served by the Mata- dero Mosquito, Abatement District. The City Manager reported that he had contacted Mr. J. B. Wells, Palo Alto's representative on the Board of Trustees of the District, who informed him that the budget of the District for the next year will be abotat $50,000.00 and the tax rate to provide these funds will be between 2 and 2.5 cents, and that if the County can do the same type of work as cheaply as the District, then he would have no objection to Palo Alto's withdrawing from the District. Dr. Turner advised the Council that the program provided by the County is s;ornewhat different from the abatement work done by the District; that he would not care to make a definite statement on' the matter until he has had an opportunity to find out the extent of the work performed by the District and could not say at this time whether the County could do the work any cheaper or better; that he has asked his staff to:look into: the:problem and the extra costs ir- volved in the event the District is abandoned. Dr. Turner pointed. out that the County Health Department handles abatement work on ro- dents, flies and other pests in this part of the County, and would have to budget additional funds if Palo Alto withdraws from the Ma- tadero Mosquito Abatement District. The City Attorney advised that a withdrawal from the Dis- trict is not effective until a map is filed by February 1st so no change could be effective until next year. After discussion, it was agreed to postpone action until next fall when further information will probably be available from Dr. Turner and Mr. Wells. (The Council took a recess at this time 9:15 P.M., and reconvened at 9:30 P.M.) Bids on Bridges, Project 55-6 A report was made by the City Manager on bids received on June 22, 1956, for the construction and widening of eight concrete bridges over Matadero and Dry Creeks, with the recommendation that the bid of Western Builders in the amount of $76,665.00 be accepted. It was moved by Cummings, seconded by Nevis, and carried by unanimous vote on roll call that the recommendation be adopted and the Mayor be authorized to sign the contract with Western Build- ers for this project. Extension of Louis Road via Montrose Avenue The City Manager reported that the staff and the traffic committee have considered the suggestions made by residents of Cher-i leston Gardens that Montrose Avenue be blocked off. He advised thee it would cost approximately $1300.00 to block off Montrose at Mid- dlefield Road and about $1750.00 to b1c.ek it -off at Charleston Roars,' and explained the work involved. The C.ty Manager reporter' that if Montrose Avenue is to be blocked off, the Traffic Committee recom- mends it be closed at Middlefield Read rather than et Charleston, en the committee felt this would provide protection for the whole tracs� and would keep the high school traffic, from using the street. As instructed at the last meeting, the City Manager submi- ted a report from the staff on the cost of realignment of Louis Road through the. Meadowpa.rk Tract to avoid Montrose and connect with Charleston Road at another point, with a. sketch showing the proposed relocation of Louis Road. He advised that the cost of realigning the street through the subdivision is estimated to be between $15,- 000.00 and $20,000.00; that it involves redesigning the maps, the loss of two lots, additional street work, and other expenses which would be incurred by the subdivider if the plans are changed. The Council was informed that the developers of the tract are willing to make the change provided. the City pays the cost. On motion of Nevis and Cresap, the staff was instructed to( proceed along the lines outlined to relocate Louis Road and to in- clude funds for this purpose in the 1956-57 budget; and it was di- rected that the name of the former Montrose Avenue (recently renamed Louis Road) be changed back to Montrose, and that Montrose be not blocked off. . The motion was carried on rollcall with 13 , Ayes. (Bishop was absent during the rol3. call.) Mr. Angus MacDonald, 779 Montrose Avenue, told the Council' that the action taken was acceptable to the residents of Charleston Gardens, as their original request was for the relocation of Louis Roadso that it would not connect directly with Montrose Aver.ue. Rate for Teenage .Players .Production The.C.ity Manager submitted a recommendation from the Super- intendent ;of Recreation" that the admission price for the, summer teen age players ',product ion be.,reduced from $1.20 to $1.00: On motion of Cresap and Mitchell, the .recommendation was Stop Suns on ;Everett and Hawthorne at Waverley The City Manager reported that the Traffic Committee has recommended the installation of arterial stop signs on Everett Avenue and on Hawthorne at•their intersections with Waverley Street. A proposed ordinance establishing stop signs at these lo- cations was accepted for first reading. Preliminary Budget for 1956-57 The preliminary budget for the fiscal year 1956-57 was sub- mitted by the City, Manager. On motion of Mitchell. and Bishop, the budget as submitted by the City Manager was accepted and referred to the new Committee No. 3 to be appointed when the Counci]. is reorganized in July, and a; public hearing on the budget was set for July 23, 1956. It was announced that copies of the proposed budget will be available for inspection at the City Clerk's office and the Li- brary. Zone Change Application (}ansen and Lamb) A motion was•made by Giffin, seconded by Navis, that the Council ask the Planning,, Commission to reconsider the rezoning of the Hansen and Lamb properties on Middlefield Road to R -3-P. The ;no- tion was carried by the following vote on roll call: Ayes: Cresap,,Cummings, Davis, Giffin, Mitchell, Nevis, Porter.. Noes: Byxbee, Corcoran, Drysdale, Marshall, Rodgers, Rup-, penthal. (Councilmen Bishop and Simpson were absent during the roll call. Both returned at 10:00 Architects for Liidraries and Parks A report wet received from Committee No. 2 recommending that the Mayor be requested to appoint a committee or committees to interview architect: for the,new library buildings and landscape ar- chitects for the designing'of the parks, and to recommend their choice to the Council. The committee further recommended that the selection committee be authorized to seek any consultant service they might deem desirable. On motion of Mitchell and Rodgers, the recommendations were adopted. Bus Transportation A report was received from Committee No. 3 recommending that the Mayor be authorized to approach the mayors and officials of other areas served by.the Peninsula Transit Lines for the purpose of exploring the possibility of organizing a committee representing the; varlouus political entities -to investigate the bus transportation situation. It was moved by Mitchell,, seconded and carried, that the recommendation be adopted. Garbage Rates A report wras received from Committee No. 3 recommending that the report of the City Manage on a cost study of the garbage FM'ar ee 074MergiV tqw, 459 Collection service be accepted, and. that Schedule A based:on an in- crease in, the minimum residential rate to $1.05 for one collection per week be adopted, effective with the August billing.. It was' directed. that Schedule A be amended by the dele- . Lion of the paragraph providing that a reduction of `O% will be made for apartment houses In which incinerators have been installed On motion of Mitchell and Simpson, the recommendation of Committee No, 3 was approved and Schedule A for garbage and refuse ' collection rates, as amended, was adopted by the following vote on roll call, the rates to be effective with the August bill.,ing: Ayes:. Bishop, Byxbee, Cresap, Cummings, Davis, Drysdale,. Giffin, Marshall, Mitchell, Navis, Porter, Simpson. Noes: Corcoran, Rodgers, Ruppenthal. Community Theatre Rates A report was submitted by Committee No. 3 recommending t'h'at no adjustment be made in Community Theatre rates for school teachers for opening night performances. On motion• of Mitchell and Navis, this recommer.da.ten, was adopted - United Nations Day Program A report was received from Committee No. 3 recommending that the use of the Community Center on October 20, 1956, without charge, for a United Nations Day Program be authorized. On motion of Mitchell and Ruppenthai, the recommendation was adopted. Fire Chief, Employment Status A report was received from Committee No. 3 calling atten- tion to Section 8, Chapter 7, of the Working Rules and Regulations 1 which provides that a1l personnel it the Fire and Police Services at- taining the age of 55 with 20 years of service shall retire, and to the further , Pa 1, f' of this section w s td c provision in .Paragrap ., � a rr.,ich t e.. that: the Council may waive this regulation In cases of administra- tive necessity. Committee No. 3 recommended t':at this regulation be, waived in the case of Louis F. Ledford, Fire Chief, and that he be retained on a year-to-year basis. On motion of Mitchell and Navis, the recommendation -was adopted. Retirement of Fire and Police Personnel At the suggestion of Councilman Byxbee, the City Manager was requested to review the regulations pertaining to the age of re7 tirement for members of the Fire and. Police services, and make a rel port on the matter to the Council. Pro eh t 54-8, Street Lighting Reconstruction Resolution No. 2740, determining the unpaid assessments 1 under,Project 51.8, Street Lighting Reconstruction District III, an4 providing for issuance of bonds on the unpaid assessments in the amount of $10,5.52.2,7, was introduced, and on motion of Mitchell, du-� ly seconded, was -adopted by unanimous vote on roll call. A report was received from Committee No. 3 recommending that the City" purchase the bonds to be issued on these unpaid as- sessment's', the bonds to bear 3% interest. It was moved by Mitche11,1 seconded and carried bYunanimous vote'on roll call, that the re.comj mend'ition ae adopted and the City purchase there bonds. Annual Report Policy A report was. received from Committee No. 3 recommending that the Council establish as a policy that a financial statement and progress report or City activities and accomplishments, includ- ing a report on the Hospital operation, be published annually in the Palo Alto Times, and. that a notation be printed on utility bills re -e ferring to the report published in the newspaper and advising that copies are available at the City Hall so that residents who do not subscribe to the paper may obtain a copy of the report if they wish. It was moved by Mitchell, seconded and carried that the recommendation: be adopted. Recalculation of'Retirement Allowances A report was received from Committee No. 3 recommending that the City Manager be authorized to obtain information from the State Employees Retirement System on the cost of adjusting the Ci- ty's contribution rates if the retirement allowances of persons al- ready retired are recalculated on the basin of the provisions of the. City's resent contract. The Council was informed that it will cost around $150.00 to get the information. On motion of Mitchell and Rodgers, the recommendation was adopted. Salary Schedule 'A report was received from Committee No. 3 recommending ap- proval of the salary plan for city employees as recommended by Louis J. Kroeger and Associates, the City Manager and Committee No. 3, as set forth in the Salary Schedule for 1956-57, to be effective as of July 1, 1956. it was moved. by Mitchell, seconded and carried that the salary schedule for 1956-57 be adopted, effective as of July 1, 1956. Assistant City Manager The City Manager requested approval of the appointment of George E. Morgan as Assistant City Manager. It was moved by Mit- chell, seconded and carried that this appointment be approved. Retirement Plan Councilman Byxbee suggested that consideration be given to` the feasibility of having two retirement systems for city employees,. the people employed under the age of k5 to be members of the State Retirement System and people who might be employed over the age of 45 to be under another retirement plan. The Personnel Officer was asked to make a study of this problem. Amendment to Setback Map (lambert Avenue A report was received from the Planning Commission recom- mending that the setback map be amended to eliminate the setback re- quirements in the M -1:S district on Lambert Avenue. A proposed ordinance eliminating the setback requirements in the M -1:S District on Lambert Avenue was accepted for first read-: ing. Tentative Record of Survey, Block It Seale Tract No. 6 A report was received from the Planning Commission recom- mending approval of the Tentative• Record of Survey of a portion of Lots7 and 6, Block 1, of Seale Tract No. 6, subject to furnishing: i evidence of -payment of 195556 city and, county taxes, payment or segregation of bond assessrents., and to provision of public utili- ties- easement over the roadway area outlined in red on the map . 431 1. It was moved by Mitchell, seconded and carried that this Tentative.Record of Survey be approved. Tentative Map, Block 3, Seale No. 5 A report was submitted by the Planning Commission recom- mending approval of the Tentative Map of a portion of Lot •6, Block 3, Seale Subdivision No. -5, subject to furnishing public utility easements as shown in red on the map ard to changing lot lines to conform, to these easements. It was moved, seconded and carried that this Tentative Map be approved. Lot Divisions The Planning Commission recommended approval of the fol- lowing. division of -lots: a. Division of portion of Rancho R.ncon de San Francis- quito subject to furnishing evidence of payment of• 1955-56 county taxes. 'b. Division of a portion of Block 111, Hopkins Addition, subject. to furnishing evidence of payment of 1955-.56 county taxes. c. Division of a portion of Lot 101, Wooster. Subdivision, conditional upon the filing of the final reap. • (This • amends an -approved tentative map to obtain an ..addition-' al lot.) on motion of Rodgers and Mitchell, these lot divisions were approved as recommended. Zone Change Application (Ohran) The Planning Commission reported to the Council the fail -1 ure ofa motion to rezone the propertyof Harold Chran,•being _ por» tion of Lot 17, Sly Subdivision, known as 275 Ventura Avenue, from R-1 to R -3-G. 'Mr. Calvin Jones, engineer for the property owner, asked that the matter be referred back to the Planning Commission for fur; the: study. The Planning Officer advised that the Planning Commis -1 sion held a public hearing, and following discussion a motion was m=ade to approve the application. The motion railed to pass, and the Commission then instructed the staff to work with: the property owner to see -if some satisfactory plan could be Worked out. It was moved by Rodgers, seconded and carried that the matter be referred to Committee No. 1. Abandonment of Easements Resolution No. 2741 of intention to abandon portions of public utilities easements in Lot 106, Wooster Subdivision, and set; tins hearing on the proposed abandonment for July 23, 1956, was in -1 troduced and adopted by unanimous vote of all council members pres- ent. Mrs. Corcoran was absent during this roll. call. Project 55-11, Middlefield Road et al. Resolution No. 27k2 of Preliminary Determination, tion, Middle-, field Road et al., Project 55-11, was introduced and adopted by u- nanimous vote on roll call of 211 council members present. M . Con-+ coran was absent during'the roll call. This resolution sets July 9, 1956, as date for hearing on the project. Amendment to Fire -Zone Man Ordinance No. 1694, amending the Fire Zone Map to estab- 4‘39 lish fire zone,for the C --2:S District recently established near Mid-- dlefield Road and Colorado Avenue, was given second reading and a- dopted by unanimous vote of all council members present. Mrs. Cor- coran was absent during the roll call. Amendments to Building .Code Ordinance No. 1695, amending Sections 423, 2805 (a), 3203 (f), and 4710 (a) o,f the Palo Alto Building Cede, was given second reading. Councilman• Mavis reported that the committee of three (Byxbee, Drysdale and Navis)'appointed at the last meeting to con- sider the provisions -of. Section 423 recommended that this section be - amended to provide that depreciation shall be computed on a straight-line.basis, with the life of the structure determined by the.actual period from the date of original construction to the pres- ent plus an estimate:by.the Building Inspector of the reasonable re- maining life expectancy of the structure in its normal intended. use., It was moved by-. Rodgers, and seconded, that the ordinance be adopted with Section -423 amended as recommended. The motion was passed by vote -on roll call with 14 Ayes, Mrs, Corcoran who returned. during the discussion not voting on the motion. Amendments to -Plumbing Code Ordinance No. 1696, amending Chapter 12 of the Plumbing Code and adding a -new chap ter to be entitled Chapter 1;, was given second reading and adopted by unanimous vote on roll call. Submission •of Assessment Roll A report was received from the City Assessor submitting the Assessment Roll for the fiscal year 1956-57 for the purpose of equalization, and calling attention to the provisions of Sections 459 and x+60 of the Administrative Code requiring the Council to meet as a Board of. Equalization on the fourth Monday in July. It was directed that a notice be published that the Coun- cil will meet as a Board of Equalization on Monday, July 23, 1956, at 7:30 P.M. Closing of Accounts On motion of Mitchell and Ruppenthal, the Controller was authorized to make the necessary transfers within and between de- partmental budgets, to transfer utility fund balances to the General Fund 'and make necessary journal entries to close accounts for the fiscal year, and to transfer additional funds to reserves. Uncompleted Projects -and Reappropriation of Funds •It was moved -by Mitchell, seconded by Ruppenthal, and car- ried that uncompleted projects for which appropriations were made in the 1955-56 budget be approved for -completion, that the new budget include a re -appropriation. of funds needed to complete such pro jecw,' and that the Council authorize the continuation of the work and the expenditure of funds for these projects during the period from the expiration of the current -budget to -the adoption of the new budget.. Hospital Ajreement An .agreement .was presented. for the extension of the agree vent of -July , .1921, as amended, for operation of the existing Palo Alto ?:oSpitai'to December 31 .19.56. 'A motion has made by Byxbee, seconded by ,Drysdale, - that- the- Mayor be authorized to execute the agreement. Councilman Davis 'questioned, this procedure, pointing out that the agreement .recently entered into for operation of the 'Palo. �.a-� nw� �- '/f ,N� ���-• M �y, � ; e� v J4 i i' It q , ���M1 a "%;kV,N, � ., 463 Alto - Stanford Hospital Center provided that the new board of di- rectors would take over and gain exper"ter c .urine the conetr::ctLon , period of the 'new hospital by administering the existing hospital. • He suggested that the new board take over its functions now, with members of the old board advising them and giving them every aid possible. After. :discussion, the previous motion was withdrawn, and !! on motion of Nevis and Mitchell the Council adopted a resoluticr aa;- thorizing the Mayor to sign an agreement between the City of Palo A - to and the Board of Trustees of Stanford University, continuing the old agreement of -1921 for a period of 90 days, until September 30-, 1956. Project 52-13, Off -Street Parking, University Avenue District At this t1me,•10:40 P.M., the Council resumed discussion of the off-street parking project in District 52-13. (Councilman Simpson Left at this time and was absent for the rest of the meeting.) A suggestion was made by Councilman Drysdale that consid- eration be• given to the acquisition of two entire blocks .for off- street parking -- the block bounded by Emerson, High, Hamilton and ?crest, and the block bounded by Emerson, High, Lytton and Everett. He proposed that the property be acquired now, letting the business -1 es remain there for a reasonable period of time and proceeding with 1 development of the property as the :teases expire. Councilman Byxbeei suggested consideration be given to taking a lot at the corner of Bryant and Lytton. A motion was made by Cresap., seconded by Mitchell, that the area between the American Trust Company and the Pacific Stores, on the northeast side of Emerson Street, be acquired. The four par- cels in this -area are designated on the map as San Jose Abstract Company, Lewis, Kimball & Nielsen, and Schmidt properties . it was reported that Mr. Schmidt objects to having his property t aken . There was• more general discussion on the problem. Mr. Herbert -Bell, owner of a lot on the southwest aide of Emerson Street1 and operator of a book shop at that location, addressed the Council in ,protest to the taking of his property. The motion made by Cresap was re -stated to provide that three lots on the northeast side of Emerson Street, designated as the, San Jose Abstract Company, Lewis, Kimball & Nielsen properties, .be acquired. The roll call vote was as follows: j Ages: Bishop, Corcoran, Cresap, Mitchell, Navis, Ruppen- tha1. Noes: Byxbee, Cummings, Davis, Drysdale, Giffin, Porter, Rodgers. Not'Voting: Marshall. A•m tion was then made by Rodgers, and seconded, that only! the two lots Owned by the San. Jose Abstract Company and Lewis, on -the northeast side of Emerson Street, be acquired. The .roll call vote was as follows: Ayes: Bishop, Byxbee, Corcoran, Cresap, Marshall, Mit- chell, Navis, Porter, Rodgers, Ruppenthal. Noes: .Cummings, Davis, Drysdale, Giffin. It was then moved by Rodgers and seconded that the- Thoits .and•Baxter-properties on the northeast side of High Street and the Shearer property. on the southwest side of Emerson Street be acquired: The roll call was, as follows: 464 Ayes: Bishop,- Byxbee, Corcoran, Cresap, Davis, Marshall, Mitchell, Davis, Porter, Rodgers, Ruppenthal. Noes: Cummings, Drysdale, Giffin. None of the above three motions received the required twelve votes for passage. Mr. Don Bibbeio, secreta:ry.of the Downtown Merchants' Asso7' ciation, informed the Council that this organization will assist the Council in trying to solve the parking problem. He advised that they are,working on problems in connection with employee parking, truck parking, street lighting, and other matters in an effort to help the downtown merchants. He suggested that consideration be gives en to a validation system for parking tickets. Mr. Bibbero offered the cooperation of the Downtown Associ- ation in ascertaining what properties are available for sale and in helping to relocate businesses which would have to move when proper; ties are acquired for .parking.. After further discussion, all matters in connection with Project 52-13, including Resolutions Nos. 2706, 2 710 and 2735 of Pre liminary Determination and of Intention to make Changes and Modifica- tions, were continued to August 13, 1956. The meeting was declared adjourned at 11:50 P.M. r APPR0JE3.y/ ATTEST: ia yor