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HomeMy WebLinkAbout08271956City Hall, Palo Alto, CalItorriia August 27, 1956 'Tne°'Councll 'of the City ,of Palo Alto : met in regular sea- sion on this date at 7:30 'P. . , with Mayor Porter presiding. Roll call as follows': Bysbee, "Cummings, Davis, Drysdale,, Giffin, Marshaall, Mitchell,' Porter, Rodgers, Rupperr- thal; Simpson. Abeent Bishop, : Corcoran;: Cresap, Nevis:: The minutes bf the meeting of August 13, 1956',,- were i. . Abandonment 4'Basesent This anus the. time:land place set for ai hea ring on 'Reso`iu tion No;. >2759 of ,Intention to abandon' street and' public_:uttilties. easement on p ope;rty a '' the :.`South,- Palo Alto Church=Property Iric'. known as Wooster Court. An affidavit of publication of the notic*. of thin hearing, has \been:filed: ,The. City Engineer' reported ~that ""a- reversion= to`,acreage of` the church 'property' is involved, and there, is no curt -her need for: certain easements Thee,,hearing: was declared open. There being: no one : present !who wished to, speak on the matter, the hearing was closed. . , Resolution No. 2768 ordering the abandonment; :of said. ease- ment wta.4ntrodueed, and on motion of Rodgers and Marshall, was adopted by iunanimous- vote on -roll call. Projects -7,` Middlefield -Colorado Parking District: _ Thie, was= also t'axe `tire and; place:for a hearing on RReolu- i tion NO`.,2766 `of Preliminary .Determination and of .Intention' to :eke changes :and uodlfioations,"�and on Resolution No. ,.27#9 of` Intention to make aaquititione avid' improvements, Project No.. 56-7:0,: A notioe of the :he'aring was published as required by -law. The City Clerk . re- ported : that no `written' protests have been received. - The- hearing was declared open. There being no one present ;;who wished t ;speak_ on' the :matter, the: hearing was cloued.' Resolution No. 2769 overruling protests on the Resolution • • of Intention,,?liesolut on No 2770 determining convenience: and neces- sity and orde;rinvehnngest'_and od#fications, and Reaolut:on;No.- 2771 ordering, acquisitions and: improvements and confirming asaesament were introduced,• uand on motion :of Cummings and Byxbee, were ac+eipted !. by unanimous ;rote: on r.611, call; ' Weed Abatement. 'This was4bi time tor ;hearing of proteeta' against.. assess.-: ments,for weed' abatement as = provided in Article 32 (a),rtof. Coditi,ed Ordinance No.:5. All"'notices as required by law have barn pub" s liahed. 'The7, C'i°tt:°Bngineev has filed his report listing the `iota or parcelr of iand afros ;which -weeds have been removed, toget?ter with: the• .xpense proposed; to.' be:assessed against: each separate lot or parcel of µ land • The'' ;hearing tots declared, open: There being no to speak on the 'der; ; #►he bear•3ng .was closed., one' preient -Reeolati ar -No. 2772 confirming the City ]engineer's report: and assesaaent` list' for weed abatement was' introduced, and on motion of Mitchell' and'Byxbe'e, was adopted :by unanimous vote on roll call. :Stanford-:Annexation'No 5 :Action on the. 'pi'opoaed ordinance approving the annexation i of certain Uninhabited territory designated as "Stanford Annexation. No. 5" -had .been deferred` at ;tne :las�t;;meeting" pending receipt of= ' signed agreement , froa _the' Veteran' , Adainiatration for :sewer eerv-...' l ice The City Manager :reported: that the agreement . has not ,yet, been: received-; that he:has contacted the Veterans' Administration in Washington and has ;:been ;advised that: the .matter is being given at (. 'tention, and :that .the' ,agreement may, be executed before the next meet= ing. On motion, of Mitebell and.Qiffin,, action on the annexationd Ordinance' -was postponed. Zoning of Stanford- Annexation No. 5 1� E = • i. Councilman Byxbee reported tnat, Coamittee Na. 1 had_ con eidered the zoning :of Stanford Annexation -No. 5 area and recommended; that:=An y0 -A Die,trict of .•50 teet -be .eistabliehed adjacent to . Robie ; 1 Ridge .tof:include ,15 feet of.Y"Aplanting;: to protect , the nearby property; owners, when the property is deveaopelt ,witip' building atruoturee (The: Planning Commission.had:,previouhly recommended a 90 -root wide.? 0-.A District..) 4Cog uittee, No: 1 .concurred with the other recoaaend'a tions..-of the -`P, lanning Coa ia*ion- •for: -the zoning of this area, ae ro1= Lows:: The remainder ot.the;'area between the existing city liaits and. the Veteran' ,-Hospital ,s'ite to :be L-M:S ;the ;Veterans' Hospital site :;.to Abe zoned ,R-8 the .area bstwseo 4the Veterans' Hospital and;; the p )poeed:elub sates=;to be L.-NtS; and the proposed club sites=to be zoned R=R.. , A motion was lade/ by Mitchell,` seconded by Byxbee, that. the_ recommendation ofComaittee:No. 1Ito,establish an 0-A District: of 50 feet, insteada:of 90 feet, the 50 -foot 0-A to include 15.feet of pleiting, be; accepted: • Mr.r Andriw M.. �Spea're,: 950 Matadero Road, addressed the :Couneil in behalf:, or residents of Roble Ridge who *object to the_ in-; duatr.,ial developtrent ;so ;close to' their residentl•,al properties, urg- ingathat the; 0-A,dlatrict bs:at;least 100 feet wide. Letters -,wire read-.,troa. iary 0. Steers, 999 Matadero Road, and trop Hen. H. Slothower, 995 Matadero Road, concerning their -ob- jection to industrial buildings which.obetruct their view ofthee .foothills;,, ;and :asking- - that at leaa:t::90 feet of Open -Area be requiredi next to Roble; :Ridge . .After discussion by. council members, the vote on the mo=_ tion to make the .0` A District 50 feet` was. as follows:. on roll call : "Ayes.: ' Bribe*, ° Drysdale, Kitchell, Porter. Noes : Cummings, : Davis ,, Giffin, Marshall, Rodgers , Ruppenthal, `Siapeon. The: motion was, declared:loat, and the0-A District will remain 90 feet= as -provided ,3�n them ordinance previously accepted',:tor first reading. .2The other '.`recpmmendation 'for zoning: portions of the area as L- -I1:S and the Veterans', Sospital and the club sites _as R -B:- (Rea - dential ,Retate)-- wwre eonatdsz ed4,. -. It.; was reported that -the Univer- sity (.01Ub And .the Tennis: Club:,,prefer R -a zoning for the club sites:. instead of R -E, so that `it would not be_neceeea:ry for them to obtain a': use.''perait• :14r.., Joseph(, lam spoke? n behalf' of the University ub Cl , advising that th.,..elub -And-Stanford -;University request R-#. zoning and(,'pointi'ng: out that they' feel there is -,sufficient control in the leas*..betweep the Clule. and, Stamford. He`stated that the Club is willing :to .atiptlate; tthaV.; if :at any tides :in the future they should want to'sell,:rtney would be willing to re -submit the zoning, question at that time. • • moved by Rodgers,, .seconded by Simpson, ,., and, _carried voice vote"that p ;:by _ '" the .. roposed 'club -sites be ',zoned R-. Second r.rding and action on the ordinance establishing;:` the zoningt of 'y the Stanford Annexation, No . 5 area were .postponed: un- til :ihe,.,ordinanceapproving the annexation of the area has been adopter Project ;55 31k Middlefield Road et al. (Width of =Ma rlew Ave.). A ::pet'ition ;wee received from ten property owners, ;•who state they rrpres:ent fourteen parcels of land, asking;Hthat the w►,,:dth of,: Mayview ..Avenue be 'reconsidered; and that Mayvi•w ,be made i:;toot..rlgbt of way. ;;' Reference was made to the action of the' Council at .its.: laet..meting: white '.the plans. were modified : by deleting.,k11 ac quiaitions ^on Mayv►iew: Avenue to provide a 50 -foot right: o! way. - ,;An- other petition:was'filiduat,4thie time:from the owners -of eight. par eels expressing -satisfaction wl.th the Council' a previous; decision to let Mayvietc. Avenue remain as-. a 50 -foot street. • E . During the rdiscuesion, : Mr, -R. A A. Berkheiser, .765,.,Mayview. - ; Avenue,. and lMz►;. Frank White, Jr., ; 796 Mayview Avenue, spoke finc favor of -a 50-foot.,.'right of -.way.:;.. -Mr. S. E. Poster, 748 Mayview Avenue; spoke in .support orr petitioners fora ` 60 -foot might of way,,,,and pointed-:oi that although.:Mayview is only a :street. of "twoblocks.in length, there is, an extension of the street through, the,:Meadowpa.rk. Subdivision, called Rosa Road; which is more truly an zextension of Mayview-*venue The :staff was :asked to check the front footage involved and the -number 01 parcels,, on Mayview Avenue, to determine. whether or not` a' majority. 0!=•the property owners favor 'a 50-foot,:or a .6,041.: -..,Root `might o1�, wary,'' Further consideration of the matter to be given :eater w oti_ -during this , meeting._ 8leanor:Park•Derelopment 2-,-A letr^er was received from' ;Virgi 1 S., Hauge , Chairman of the.. Executive Coaaitteeo ;the Eleanor Park Development •0rganiza- tion, :; aubaitting reooaaendat ions for the 1andscaping: and ,;,development of -8leanar: ;Park, and L,further ;recommending that as soon as , praetical the: datalyptue trees be trimmed and the .undergrowth`and`bruah near the Dixon home be cleared away. :.:The Mayor rei'erred.;;the- letter to Committee ,No.: 2, , e.tating s that plane for`':Eleane. ;;Park wild be:considered but that; a number, •Of other parka - have a :'t 1gher' priority, so, the matter may '4,be : in' coeaaittee . for eoae'tiae,'before any action is taken. Mr., Haugse -was :present :. !:and,:: stated that the- group he".:repreeeints requee:t that the triauing-r' o the-enea tue trees be: *cc:oapliahed 'as soon: as possible. The City a Manager 'ad'vis'ed .that the staff and;, committee would have: to:• inveie:ti gate and =determine; how'.' extensive the tree -trimming program- should w i. be, and:An . appropriation,; of funds might be required, so 'no . dctipn-:; can :be taken on,;this .part of the request' until :the matter: is dis- cussed pith C:oaai'ttee�N 2. a = Councilman:Ayxbee;asked the status of -.employing a land= i scape architect, :for park developaen _ plans. The City Manager re plied that Councilman Cresap,-:Chairman ;of the spectal,:co'uai'ttee. on:: selection of ,the. asahitect,, has asked that Interviews be scheduled . to start in t:he week -coi aencing • September 10, 1956_. • Coaplatnt .on garbage :Service A:le.ttir;;was:-_rceived fr?m thirty residents of Amherst . Street �conc•rning the .:noise and nuisance caused by the � rb ge a a c:o,l-- ; lection ^servie. ion .Saturday, .,August: 18th, which commenced-; operations on thst date ;on'A hers.t•-,Street at 3:45 A.M. This :was referred -.to the. P.ublfc . Works .Deppartment :�Por_ action. • Ntt • Pro ect 5� ii, Midd1erfi' ld Roadite't =al'. (Sale' of Excess: Dirt.) ;The C t 7 ,i y Ii'Aager reported that the -in the ; co itract for AProject 5 13 provide `t atr: oil- -zfecoved'- from tkie exec-• vat.Lng and,. $1' ing wmac: ;would be ''deposited in the vicinity of= thew, new':Palo Alto w retus d1sposal area7tor the purpose -:01' --'filling; i,n.thett .burrow pits andalso used ae:fill" iri`cer>ta n ; locations at th. golt' couree The: aaoant of exe•as dirt a proximates 35;;000- cubic yards! Tkaei 'Ci`ty Manager advised „„that L. C ' ith,' ;the : cor:tractor,� , hae ar �: �1 fere& to purichaee this *oils for $30, 0.00, ;and it was his , recoe-- mendation that four-titths of ?thia; eount;'be 'tra'neterred to Project ' 55-11;and•'that` one=fitt. M ch repreimente the share the City rha�e • contributed to •the ;pro3eeit •tie'; 'a ll ora't'ed' ',for 7111 to be Yaaaad in tiY e; { golf. couree area. ' 'The City;'Manager,"'itated that the till is too:"goodi s :-fora use iti'reoiaiuing thsObarrow ,pits;; and' because :of the favorable ,� "price -.:it :is adriaable to' sell it and turn most _of the money back in - II to the ,pro jeet � rhich would''result' i'n -reducing the aaseasoents to,"a figure wapproxisati-nfr thr`-".•s't 1ettes . ! Resolution No.:2773 •awarding°wale of'excess dirt from Project 5;5'-11 to LL.' ;C. , Siith -Cony for• :a total price of $30,00(Y.00.• -was I introduced <:and:ion cot"ion •of be and` -Cummins ,� g , -was adopted by, ' unan� i.ous vote ,.yon roll cti"1; '-and, by unenimoua :vote the sum Of --_,'$21_4, .000.00 was transfari'ed 'to Project: '55-11 ac'punt and *6,,;000 .:00 'waxy ;tiransferred to'Account '•178P n aaeiordaance with he City Manager'=s:;' : recoaurend&tion. GradingHoapital -Sits (Agreement with Stanford for ,etti' •, dontrait f The `•City:,,'Manager,',presented a . proposed agreement between ! Y Stanford University :and The. City of Palo Al -to providing. for letting r of contract for gradiag of the. Palo Alto -Stanford Hospital Cents: site by Stanford, pending execution ° of the :ground lease The Lagree 9 meat 'provides that •3tan1ord shall:, contract with J.: 0.- Archibald fore cite grading ;for the; snm of 420,3,00'4,001.w accordance with his : bid off August 10, 1956:, -and with Lawrence Q:. 'Brian; civil Engineer,; .for taking for gredie at the hospital" eit.s: with a': guaranteed maximum ;' price not °to "•exceed *2,000 0.0 , The -agreement further provides' that, ' sand When the'lease between Stariford;4ind ;the City in executed;':.. the City sha'11`'•pay:to' •Stantord.cits -proportionate share of the contract Price. On motion of Mitchell, duly seconded, the agreement was ap}~ proved 'and -a resolution authorizing the Mayor • to execute the agree- merit=was adopted by "un'animout: vote• on roll.,. call . Comaerei}a l' •Bleatrio:. Rate ! Schedule :A proposed` eosmercial'el'ectri`c- rate- a°chedule,' Schedule E- 2; Was e1 bmitted. The City ,Manager 'pointed outthat the =1956.57 budget was; -bawd on 'a e:':5' *'-reduction in the comeercia 1 rate . He` ' advised' that 'some'-aounci'1 weabers: have aekel that the matter be re terred to coiuittee for discussion' of the schedule in detail before Councihaction is taken. The "proposed eehedule (A-'reoesa war tatlkan at; • this time,' 9:.00 P.M., and the Cou ici -Veconvened at 9:20 P.M. ) No. was, referred to Committees No. 1 and; Pro - vet -11 Middlefield Road Width• ��f Ma *view Ave .` -At this ;time the Planning 0fficor reported for trf ;staff on' -their :Check °of the parcels ;and Dront todtags involved on Mal view :Avenue: ite stated' "thaat•8 propirty owners; representing 11 'paz els,:, favor a 50=Loot • right at ..way; ;,that 403 'property owners reprea61n13: 12 parcel! us an , pl -a ddi`tional`�:°tvo ,:pa i ela if there wre:»e a lc�{,4 4,,,''T'j- :sion favored a60 -foot ,right -of wwty; that the front footage `s _ by those `desiring' a50=foot :s'treet mounts. to 847.15 'feet ani "•t'';. "°" wont n • t• 1 ..y ilisommammekeessemakeassmosowageiske 1 f .footage owned by reons fitoring a 60 -foot street totals 92x.'65 1 aliethat;;Mthe' assese.sn`ta to. -;;be charged to p.1'operty owners 'desiring the..:.60 foot rt$bt;tof w�iy' total a wor e ore than~ -the as'eess lente :ot thoss; who, wl Wh t& keep � the street Yaar a `'50 -'foot right: 01' Wa7',,:11 I'he:`: .report^'.1adioatpdy*** kon the` .basis : of', each of the, factor,'a;' o vecked` : the .;ais os f' n fa�Por'`a 6Q -toot;, ri ht of wa for lei j�. ht�'was ao�e�dM';by Byubee., and: seconded that, Resolutionv'No. : 277*: of :Preli inary nation; Oct of:; � Intention to o••o'hangeaf'- and -110' , eea% 55 ` 1. to provide for ,the ae;quieithoni oY easeaente :: necessary to ,sake Mayview a: 60 -foot right: of :way,,,. and. set- ting 'Septeaber 11', '195C as date of hearing on. the, :proposed :`modifi- cation, ;tieadopted,: and ,,•the.:resolution was; passed by.' the following' vote om`roll ea11: Ayes: Byxbee, Cuaaings,. Davie, :Drys dale, alffin, Mitchell,.:Porter, Ruppenthal, Si mpeon.. Rosa :: . Meers°hall, r Rodgers Project °5 -11 ; Middlefield. Road et al. (River AsBessment ) A letter was received from L. M. Farasyn, attorney tor. 1: Mrs . rVslva er, owner; of property' located„ at 3215. Midd.etield- Road, conoern the assessment on- her property for the improveamertte on Middlelse�l oadt: tend 'herl'understending that she' would be assessed for' an. additional::eeter.at4.a: cost of $260.00. The;• letter advised:.; that 'Kra ` ,Ni.ver has`: no ;mention of ' dividing the property into two lots -and requested that the sum of $260.00 for meter charges: be de- leted tram t aase'eement. The City, Engineer =explained that the portion of the aa- seasment referred :to, in `the amount, of :$260.00, covers the.'insta:lla- tian .of water.,' gas and eater laterals that a parcel of undeveloped, 'property "is involved and it .:has long been the policy :of :the ,City to put. ,in the water, :gas,:,and sewer laterals when the .street., work is` I constructed in: order to elisinat. the necessity of making cute. Ili:: the pavement when the properties are developed. He recommended: the I request berry not approved They City Engineer' a report and`"recomeenda tion:were :accepted. Zone Change= :Application `(YMCA ) A report :was received frota Committee No. 1. advising that it has oonsidtred- the.., a ppli,cation.of the YMCA for the- rezoning: of 'a po'ation of Lot86,. Wooster ,,Subdivision, : a four and, one-half acre; site:. on:. Ross_:, Road, :'fro vIt ?4,B=:.7.: to R-4. The committee;: recommended that the::.recommendatjon rofthe• Planning Commission,. for denial of •:;the applicationjor 'rezoning;. to ;:R -fir be sustained, andthat a use` permit be ,granted: to t:he 'Y**CA .;,under.;:.; the 'existing R-1 zoning. • A Motion was made by Byxbee, seconded by Cummings; that the 'recommendation, -.0f. 00imdttee No 1 be adopted. Mr. Robert Blown, General Secretary of the YMCA, epoke in support .ot': their 'application and .advised that it was the- intent of the: YISCAthat the site would be used only for YMCA =purposes' and that if they should.-cornaaderi;selling the property the City would benoti tied., Re >asked_ for;., R * ,, zoning So that a use permit would. not be re- guired. r Mr. Floyd. Lowe spoke on the matter, stating .that.i.n the 1 • tereate of good planning, he:believed the property, in question : should be R * zoning, and he:supported the YMCA in' their -request. . After discussion, the motion to: adopt the recommendation‘, -4,= or Committee Xo:. 1 was: .carried by the following vote on si`, xbee '4Cua kings, Dsvia,. Drysdale;, Giffin,.: Noes.:' N tahe3l.,' Ruppenthar. �odgere, Simpson. 4 A�3abrati:o ° of eats': for Off-Site:.Improvements (Hospital ;"Area), Coancilmp fibre read;`a report from Committee No . , 1 roc: otemenidi g,approva1 of, t ,e11 'cationf<of -costa to the Palo Alto Boa-' p;Lta:L-atanfox ,Nbspttal liedida1 School: area :.for off -site improve mints ..(panitary sswtre;, 'store' chra3 ,,, water and gas mains, ,under- ground power 'and street improvements , as outlined in proposal,sub- pittau by the: City -1llana ,.dsited. Auguz:t • 14 1956. • It was recommend -1 Id' that ,. the, 'proposal ,sublit'ted„ serve.as the' basis:: for an agreement,.,1 'between the City and the.University subject to the following Bondi -.1 . That:-thed -pro ,ratio' of costs for aas, :Water and Storm Sewer: be • allocated ,on the basis. of a known total:ritrea •I of .benefit. • That if, the area of;. ben'efit, should be enlarged or mod ified for ° a'ny: Of these services, the new area be re- ! ` quired to share these costa either by reason of a oon- ,' nection fee or charge, or by a reapportionment of the ooata between :the Arnivbrsity and : the City for the - aervieea and ;facilities to be provided. 3 :that it bey. understood byr Stanford that the City will not :cake there services .4r facilities available to any area. outaide thetty:. limits. This is to be applica ble tto the:" drainage .ofd- storm waters from adjacent_ lands. ar well ' as utility, services. On motion of Byxbee and Mitchell, the, recommendation of �f the committee was adopted. Treasurer' s',Sa lark A report, wad received_ from Committees No. 1 and No. 2 rec.;- ommend ng that the --salary of the,: City Treasurer= be increased' frown:- $260.00 to '.*300.00: per Month.' On' Motion of Mitcheal:and Byxbee, the recommendation was adopted by vote on roll call, with 10 Ayes, Marshall voting No. Use Permit, Grace Lutheran Church A 'report was received from 'the Planning Commission recom- mending' ttutt the :decision ofr the, ;Zoning Administrator be reversed: rand tithe use perait application iof 1 the}=Grace Lutheran Church", 31*9 Waverley,S:treet', to ;allow the' use or two temporary buildings for Sunday School'_purposee . for a'.;period of 18 months be approved,_ with of the proviso, ,that ' now,,bond new .bond in:. the amount of $1,000.00 be issued so that tht-City 1s guaranteed"that`• the Vuildings will be removed with in a period of not to exceed. 18 months. :On motion= of C:u`ings and. Byxbee, the Planning Commission- was. adopted.. Traffic Code report was received trod Committee No. 2 recoamending adoption of the Traffic ;Code, Article 19 of Codified Ordinance No. 5, with an amendment. prohibiting: the riding of bicycles on side - .‘,walks in the business :district, and an amendment relative to fees for loading zone hoods.'onw-parking meters. In behalf of the coimittee, 'it was ;,moved by Cummings and seconded by Mitchell, that the Traffic Code with the as�endments � speilfied `be adopt+eQ�' . Councilman Byxbee called attention to a provision inthe; proposed"'S riff c Code it ahz-would .40tve the. City Manager authority t determine the :.looation4'orilIi';'traffic control, devices; including I :stop signs, yield signs, one-way; streets and parking limitations. • the recommendation' of The City ;Manager advised. that this provision was recommended mby Traffic Co a1ttee•, and�;the 'City Attorney, and reluctantly. accepted by him with the understanding.that-contsroversial.and aajor items would.be--brought. to� the `Council before `a decision ;was mdde that` the 'co6er is::patterned''•after: the model trasfic ordinance recommended• by the League of .; California Cities-: Councilmen Rodgers • 'and Cummings objected to the delegation -:.of such authority to -administrative officers, believing that the, deter- minationo. of'-arterial`.atrea te, _atop signs, and so on is a function which should be. retained` by the Council. • The':wot1on :to..adopt the.' Traffic Code as recommended by Com- mittee No. 2` -was a's follows on roll call: Ayes: Davis, Drysdale, Giffin, Mitchell, Simpson Noes: Byzbea; 1Cummings, Marshall, Porter, Rodgers', Rnppenthal: The motion -was lost. The Cou ncil* then=' -son 'idered;'the principal changes in the .:pro- ; : posed Traffic code ;sae s t forth in letter of June 21, :1956, from '' the City •' Attorney to ..the Council, in addition to Paragraph: 1 con- cerning the de'legatior, of authority to • the City Manager .to deter mine •location of tratfia"",�control 'devices, which a majority of the Council have indicated they do not: approve. Paragraph 2 .concerning,.proposed'changes irt, regulatiane cover- ing: the parking of ,-coasercial: vehicles was, discussed, and o*: motion of Ruppenthal and .Byxbee4 mat approved in principle, Paragraph 3concerning{-proposed increase in the fee for:.night parkingpermits frog $1;00 ;:ford x- si months to $2.00 per month or ,10.00 for six months seas discussed. It was pointed out': that fh1z was a specific recoamendatioa of the Chief: of Police and was pro- posed for the- pt rpose of discouraging night parking on the streets. After discussion,. ai motion' to:nake no change in the preseant fee' for 'night parking'::was lost;, ;by the following vote on roll call: 'Ayes Byxbee, Marshall, Porter, Rodgers, Ruppenthal. Noes-: Cummings, D vie, Drysdale, (tittin, Mitchell, _ Simpson.` Paragraph t regarding bicycles was considered. 0ri motion ,Of Cummings: and Rodgers, ther`recommendation of Committee, No:. that t�,. riding of bicycles on sidewalks in the business,, district be prohib- ited was adopted. • ,Paragraph :5:concerning regulations relative to parking cater :loading -zone hoods: waa coneidered. The City Attorney advised that in addition to• the change proposed in the: code regarding fees for loading 'zone hoods,. ' a (further ;change has been proposed by Committee No. 2 togive the: -City Manager authority to issue permits for txoods on meters. in parking lute, ` the fee for such, permits to -be, bused, on tl average monthly revenue of the lot. It was explained that this would ,permit the City; Manager to rent spaces to business people who have : requeeted, -peroisaion to 'rent ,spaces on a monthly basta �in 1oge i which are snot . used=to., theirfull capacity by -the public. It was moved „by . Lodgers;,,seconded: and carried; that this recommendation be:' adopted. Tht, Council ;,agreed°. that..the use of parking meter ,funds -'should be, covered^bar 'af °Councii. rea'b"lution as a policy matter, and not < in • - cluded asra section of the traffic code. =:Citty �A'ttorner`:Mas,: instructed. to redraft the Traffic Code. in accordance- with the Council's actions just taken, and to.- submit the code whs redrtfted;'.for :further :consideration, together with a resolution; on "the/vote or ',Parking meter ,funds. Traffics �P1an The ordinance ;adopting the Traffic Plan as outlined in "Traffic and Parking Plan forcthe Uni'ereity Arrnue Business :Dis- trict', April 1956 was. submitted.; for second reading. The proposed plan containsthe following provisions::. • tr. r.. a. Designation of ;one-wa;y, arterials: Charming .west) and Homer (east) from Alma to atutnda .: High (south); from Hawthorne to Channing. Byron{south) from,PaloAito Avenue to Lytton. c.. Designation of arterials:: auinda from ] ytton, to Channing. Wavi'r.ler frog,Lytton to 8mbarcadero. Channing from Guinda to Newell. Removal of parking as follows: Road from San Franci.s qui'to::-Crerk .to Char ring Avenue. Both sides °.of Waverley . Street ,for one-half block,. north',;and' •south ,01 University. , . Bothw sides .df University Avenue from the Circle to High '3'tre.et The Planning :Offiosr reviewed the plan for peripheral and' access streets. He.,,advia.d that ,:iri; Vi'ew of a problem affecting the Palo' Alto Transfer- Company :located :at :_Homer ;and ,High, the Planning Department has Changed" its recommendation regarding ; one-way' arteri-- als "for C.hanning 7Avenue"..and :Homer.Avenue and now. ,recomitende that Charming, be ;madea-:�-one-Kay: arterial <:going east and Homer a one-way arterial ;,going west. < . Councilmaa,Cummings"'questioned _the necessity of eliminat- ing parking. at �11 a ,times on Middlefield Road from the Creek to -,Chan- ning Avenue.' as .reeomsiended. , He suggested that consideration be- giv-1 en to prohibiting parking in that locationduring the peak hours;' only. Councilman viola proposed -_: on :.c sideration of one-way streets and diagonal parking In the'University Avenue business dis- trict, Particularly,;in 52-13:��-district,-. which in his opinion 'would 'provide the additional parking spaces needed . in that area, and could be put into -effe:et:':in a =very short, time. After further discussion, at the suggestion of the Mayor,, a trial vote Was taken on: the: traffic plan as recommended by the Planning. Department .' . ,'The, vote: on roll call was as follows: Ayes. Davia,skDryedale, Giffin, Marshall, Mitchell, Por- ter, .Si peon Noes: Byxbee Cummings, Rodgers Not Vottngz Ruppenthal. -A.,Imotion was made by.'Mitohelll, seconded- by -Drysdale, that: the ordinance adopting the Traffio Plan be adopted. A : motion was made ;b y -Bribeas,`seconded by Cummings, that the matter be referred, to` Committee. ,No 2. This motion was lost by a voice vote.` The vote on the- ordinance .was'. as followson roll call: Ayes • Davit,Jryeda'le, T:Giffin , Marshall, Mitchell Porter, v. 1aAson...., • rf .Nose:.;`Byxbee,,.Cummings,, Rodgers, Ruppenthal. The ordinance„was declared lost. Shersan Crary, 113`5 Waverley Street, asked''that the public have furthers: opportunity for a hearing on ,the aatter before Waveriey:Street:„1s. made ;an arterial'. ;xt Mr. Floyd Lowe. suggested that consideration_ be given to making Lytton and klaailton alternate one-way atreets. :On notion,, of :Ruppenthal and Byxbee, thee' eziti.re traffic plan, end • the various suggestions • made at this -mee''�ting. re, r we eferred: se.to Committee -No. ;2" for;.'turther study. Prohibiting' Parking -on Portion El Camino Real ;A report;;,wae ,_,received from Committee No. 2, recolwending the adoption ::of thei:proposed: ordinance prohibiting parking; on El:, Camino ,Real between: San:;Prancisquito' Creek and Quarry`Road: Ordinance No.;c 1706`;, prohibiting parking on this portion of El Canino Real wet .given second reading, lnd a motion_ was•.:made •by Cummings, seconded 'by Mitchell,: that the ordinance be adopted., --Counoi1aa:n'. Byxbiee: pointed out that cars have ;=bean : perii-t- ted: for a■any .yeam'to ,park along El Camino Real adjacent: to: the 1 baaeba11 fiwld:(..The .,City, Manager advised that wtth.thei: ±cona.truction of the ,access , road`°at; that :,,aoeation . there is not sufficient room for • parking; -that c the :'.regulation t.o prohibit parking in the area: was initiated by,the 7‘ptate: Division of Highways and the Highway Patrol.; The notion to adopt ordinance No. 1706 was: carried by tre ; following :vote on.:.roll call: Ayes s _ Cummings, Davis, Drysdale, 'Giffin, Marshall, I�li,tche.'11,„ Porter.; Ruppenthal, Simpson. ;Moen : Byxbee,: frgodierec. • Amendment to Building Code (Incinerators) A report was :;received from Committee No. 3 recommending that Section 5108 of the Building Code relative to Incinerators.be repealed. The City Attorney advised that there are conflicting or- dinances ;in ;the ;Fare Prevention . Code and the Building Code. relating to regulations for irncinerators .: On motion of>Nitchell and Byxbee, the proposed ordinance: repealing:;Section5:108 of the Building Code was accepted for `firat reading,. Acquisition of:Land for Sanitary Sewer Purposes . Resolution No;. 2775, determining that the public interest and naceswity o'f the City of Palo ,:Alto :require for : public 'use for sanitary;4sewertpurpow.s;oertain land located in the County Qt Santa Clara,, was; :introdua,ed, ,;and ton; motion of: Cummings and Drysdale, was'. ' adopted b7" unan:Cmoue-vote on. roll call. It was explained that :this ;'involves tho.; e.wer;: line' fOr,:the Veterans.' Administration. Easement Agreement with `"Southern Pacific for Power Line 0n cation, of Cpaar n s and : Mitchell, and by unanimoua;;.vote on roll,�cal�l, ^tb .C.ounci�1„adopted a resolution approving' easement. nt betweeen rths Southersa,. Pa►cific. Company and :the. City: of Palo Alto granting to the :City a;, license for an overhead: power :line.;- cross :inn•,•at Bansen ,Wa, ;and authorizing. the Mayon to execute:.the.- agree= meat: , °eharf� of ,tbe;, City,• Ordinance .No. `1707 amending Section 1711 of they Building= • Code:was was given: aecondA?.reading;, andx oa :motion of ` Byxbee and Rodgers WAS adopted by unanimous ; vote on- roil call_. = Amend Bent to Fire Zone Maw r Ordinance No. ;1708 amend ;ne the Fire Zone: Map to, change the fire zone at ,2*99 Cowrper.:Street from Fire Zone No. 2 to Fire' Zone.:Wo.. 3'was `-given- second,:reading, and on motion of Marshall and Rodgere '.was 'adopted. by: unan1 oustvote:' `on roll call. Sales and Use Tax :0rdineneero'o.:,1749 "imposing fa city sales and use tax , prO-1 viding: for the performance by the{s3tate Board of Equalization. -'•of l.l functions incident. to the adaainhetrat on, operation and: collection<,1,_. off the sales .and taxw and` provid1'ngpen alties" for violations thereox, was given -second reading.: It was pointed out that tie 'or- dinance wouid be effective . October:1, 4956;, -provided .all cities within= the` iCounty c have adopted. the uniform _ sales and use tax nance;;- thatla11 ci'ttiet .1n'thCCounty'with the exception of , Milpi.tas f have =indicated they ;would: adopt the uniform .tax„ and- that the county wide tax will not go:°i.,n'to •efrwat unless-<;`)1llpitas changes its action and adopts. the uniform tax proposal. Attention`wae called to the action of the Board of Super vieore indicating .that if. the:w,uniforw .tax were adopted, the tax rate - set by: the County cou`ld•'.hevs, been`: -reduced 18 cents; that since Mil= .pitae has failed to';,,act, `:the ,fax; rate must' be' set without considera- Lion- of salestax revenue` a nc`e it `'ie not known at this time whether or not' :he sales, -tax -w111::- be 'effective and that if' a sales tax i$ collected' 'during this..fiscal,, year, the' Hoard will set 'aside that revenue and use it next year to reduce the tax raft. A motion was. Made, by Mitchell; and seconded that Ordinance; No. 1709 adopting' the unifo:ro. sales tax of 91% of '1% be- adopted: Opposition wee:expressed•by'Councilaan Ruppenthal, who stated that in his opinion -it would be a burden on the Merchants and; that after a check of other cities of the size of Palo Alto, he felt that;in the long run there would be.no significant reduction in prop- erty taxes. 1 Tha ordinanoe:was,:then adopted -by the following vote on: roll call: Ayes: ' 'Byxbee,- Cummings;; °.Davis, Drysdale, Giffin, Marshall; Mitchell,Porter Rodgers, Simpson. Noes: ;•-; Rupper thal. �,-. It was pointed'out:that the ordinance will be effective only if theunifrr& sales_andOuse tax is county -wide. Tax Rate The Council {omen considered the fixing of the propert7 tajr rite for' the fiscal It was: moved by :Byxbee_ that tie rate be.iset at 3.:17 4100.00 of, assessed _valuation (the same; as'`iset= year's rite tii viex:°ar,the fact that there; is- no assurance as to when; the`:`ealee tax ; sight take effect. 'There Was no second to the motion. Councilman'.Mitchell pointed oiat that the :condition in the recovis ndation, pads :previous`ly; by 'Croaai.ttee No. ,3 that the tax rate be eat yet 85 emits in 4%1:: eventa ci yaalee tax is effective by September 1i' 1956, 'bas not bftn t amcr.'it would be unwise to'reduce" the tax` rata 'to thaRt itigura`becau•a: of the di:Certainty as to when; sales tax revenueway beezpco'ted. Se '-called attention to .suggest= tions to reduce she utility ,rettemeand. to use revenue for capital ial proveaents ,if and When the.:sales :tax beeones effective, which., are questions .the Council will have to decide in the `future Cozmcilaan7 llitcholl 46vissd that: tbS ba ance between property tax :rate and u- .!tility. rates is, a Question that has been discussed for manyyears that the Property tax; rate : can not be :changed during 'tau `year after I it has once been fixed but that utility rates cap be changed' at any f time; Counci,lnan ]litohell reported that since Co .ittee•No..2 had considered the tax. rate, the; final figures on the. -assessment roll show a aarked increase: -in' the assessed valuation, ' and , it his. also been determined7that. notes' Ruch eoney as previously. anticipat- ed will -be needed' for bond interest a'.harges during the ooming a�r, ;. so he suggested' ;that a tax rate of $1 11 be considered. fox' 1957 • The City zllanager suppleaented Councilman Irlitchell's.`remarks with.a further explanation=, to :show ` that a 3 -cent reduction :in ; the tax 'rate could beiade -if the"Council . so desires It waa7;moved by Kttehell, seconded and carried='by unani- -mous vote on rollaall,rthat:;:Ordinance No. 1710'fixing this 'tar rate. for ` 1956.-57 f4''$1.It per *100.:;of assessed valuation be ;adopted. . At this time, Zounoilman Giffin moved that, tf the= sales tax becomes' effective, 50% of the revenue be returned to ;the people in the for of reduced utility rates. There was no second'to the motion. There, being."no';further business to come before the :Coun- cil,: the meeting was declared adjourned at 11:1,5 P.M. ATTEST: `.i APPROVED ttt erk ayor 4