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HomeMy WebLinkAbout06231958Palo Alto, California June 23, 1958 The : Council of the ' City. of Palo . Alto raet in regular session on this date at 7:30 P.M. with Mayor Porter presiding. 1 Roll call as follows: Present: Bishop, Byxbee, Corcoran, Evans, Giffin, Marshall, Mitchell, Navies Porter, Rodgers, Ruppenthal, Stephens, Woodward. recap, Davis. The . hues of the:aeeting of June 9, 1958: were approved as distributed: Flood Control A letter was:-receivod:fron Donald IC. Currlin, Manager - Counsel of the Santa Clara County Flood Control. and Water Conserva- tion Dietrlet, :-;:subi ;tting; a; progreea report .on: flood control work being done in the Palo.Alto'area,:;on'yAdobe Creek, Matadero Creek, Barron_ (Dry) Creeks ''and San Frane1equito Creek. `It: -was directed that a copy°of the report be sent to the San Rranciaquito'Plood Association Hoover. Park' Plans A letter. Was ?%eceived from Mrs. J. L. Anderson, Secretary , of' the El Careela'Parent-Teacher Association, in regard to plans for. the ::development; of. Hoover Park, and hating that the organization would like to `support future p -laps to _ purchase :more land, thus permitting the addition >of a: swieusing pool in the park. The City:Managelr stxgge:8tedthat Mrs Anderson be advised that the- Council has given consideration to this question and that a-.5tudy: le being made -'this summer: of the existing pools to determine; whether there ;is seed,, for an-;,'additonal one . Lty' Manager was asked, to reply to the letter. Cow, la.int; on :Noises at Varian Plant A �etterR oae receivedt -from M. Hi., Chi ote : and Lina Chilcote coaplaining about loud nnotsee; ,coming from the Varian Plant, which disturb,: r eidente: " cn 'CY i iue°. Drive; Attached to the letter was a - statement_ signed by >a number of residents of' the area advising, they are in agreement with the letter of complaint. Reference was made to correspondence between the residents and Mr. Russel Varian in September 1957 concerning this problem. The City Manager reported that hehad referred the matter to the Building Inspector for investigation todetermine the source of theTmoise disturbances, and read a report from the Building Inspector who advised that if Mr. Varian fulfills his intentions as set forthin his letter of September 23, 1957, the trouble would be corrected. He also referred to a letter from Varian Associates indicating- they are peakinga further study of the problemand intend to make: any corrections and improvements necessary leading to a lower noise level. The Mayor:asked 'the City Manager to report further at the next meeting as'to- the progress being made at the Varian Plant to .correct the situation. Prelimina.rlr lied et for=:1958 9 -The 'City Manager presented the preliminary budget for the fiscal: year 1958'741959:., On :seoton:.of Byxbe:e and Rodgers, the proposed budget was referred to Committee Now 3, and a pubiic hearing on the budget was set for Jmly 14, 1958, at 7.30 P.M. 'Salary Sc:iedule The City Manager also submitted.'hes recommended salary schedule provi ngfor a one-step (5.74%) increase for each classifi- cation, and recommended administrative salaries for 1958-59. It was.moved _ by. Byxbee seconded and carried that the proposed: salary schedules be referred to Committee No. 3. Amendments to Working Rules and -Regulations, The, City„Manager submitted proposed revisions in Chapter IV, Vacations, and`'Chapter VI, Other.;Leaves of Absence, of the Working Rules and Regulations, to provide greater standardization int'he vaeation•' and holiday policies of tee. City of Palo Alto. He pointed out: that, thee matter had been,, discussed some time ago' by Committee No. 3 and he had been instructed to subm.'tt-`recommendations in time for consideration in connection with the, budget. At the City Manager's suggestion, the proposed: amendments to :the. Working.-: Rules and- Regulations were referred to -Committee No. for review and': recommendation.. ;Transfer.: ofFunds - for Tractor Upon _rec:oe ndation .of the City Manager, and on motion of Byxbee end Bishop e `the Council, by ,unanimous vote on : roll call, :authorized: the= transfer of funds in the amount of $25,000.00 from theeenappropriated balance:: of the Equipment Fund to; Account 901-99 for: `the purchase of . a heavy duty tractor. tiles deS.e aration' Project Resolution No.' 3017 authorizing the acquisition of ease- ment and= right ef:;way in; fee for public'stre'et and grade separation purpoeee,,: and directing the filing of eminent domain: proceedinge�, was introduced, and. on :motion of `Rodgers .an . d Byxbee , was adopted" by unanimous -votes on'_ roll call.: It was explained that this resolu- tion corrects the :legal descriptions of two. parcels of property being acquired for the grade separation project. Easement` Agreements with SP for `dater Line Crossings The"City Manager presented easement agreements between the City of Palo Alto' arid the Southern Pacific' Company for water line crossings under the railroad tracks between Churchill and. California) Avenues, ` wind , at Neal Station at Matadero Avenue and Laguna Road in Barron: Park. Resolutions:approving these easement agreements and authorizing the Mayor to execute same in behalf of the City were introduced,': and on: motion' of -tfitchell and Bishop, were adopted by enanimoui ` vote on roll; tall. Permit and Easement to' Flood Control District The Council was informed that the Santa:Clara County Flood Control and` Water Conservation ,District has requested the execution of certain,:documeents by the"City granting permission to use certain city:.propertyduring•: construction of "channel improvements on Dry • Creek, and granting- easement fox' flood control and e.torm drainage purpoeee. over..city-owned ;p rt9 On motion of, Bishop and:Navis, and by unanimous vote on roll call,:: the 'Council adopted .resolutions, authorizing the Mayor to execute a perait to the`Santa Clara County Flood Control District to occupy portion -of Lot 10,- Tract No. 567,: Roseberry Manor, .until October 1, --1959-, and an easement-. deed granting to the Flood. Control 1 :District an easement for flood - control. and : s torte - drainage pu over portion „of'Lots' 10,- i1 and. 12; Tract No. 567: Ros'eberry esa� ,on 7Eleaa�or Park,': Pro ect 56-1g'` A report wae-eubaitted`.by the City Manager on the bids received` on ,June 20;',19'58, for the. Construction: of items for the: development of: Eieanor Park, Improvement Project "56-19, ...with the recommendation that the low •;bid; of Dennis R. Gibeon Company .in the amount of $69.,392 oo be;accepted.. .Its was pointed out that. the estimate of the..'landacape 'architect was $56:,388..00. Con motion_ of .Syxbee and': Navia, and -by: unanimous vote on roll `call, the :bid :of Dennia R. Gibson. Company' was accepted and- the Mayor was authorized to.sign the contract for this work. Bids on Parking Lot' _Improvements. A report was aside by the. City Manager on the bids received on June 20, 1958,. - for, the construction of a parking lot in Block 5-E and for additions to parking lots in Blocks 19 and 38, in connection with Projects :.52-13 and 52-14. He recommended that the low bid of L. C. Smith Company in the amount of $16,539.03 be accepted, and advised that the Engineer' a estimate was $16,649.30. It: was moved by Navis, seconded and carried by voteon roll call, that :,the- bid of L. C. Smith Company be accepted and that the Mayor be authorized, to sign the contract. There were 12 Ayes on the motion, Mrs. Corcoran being absent during this roll call. Application for Discontinuance of Trains Attention was called to the action of the Council on May 26, 1958, when Resolution No. -300k was adopted, protesting the. application of the, Southern Pacific: Company for authority to:;dis- continue Trains Numbers''',155 and -156 `between San Jose and San Francisco. The City -Manager . presented information from the Southern Pacific Company one: the number of riders using: these particular trains, •showing= that very few Palo,. Alto citizens would be incon- venienced by' the discontinuance' of these trains - on, Monday through. Saturday. It was pointed out that; Train No. 155 will continue to operate on Sundays. The. Council' was, ;informed that Palo Alto is the only city which has :protested the discontinuance of these trains.` After discuieion, :t was moved by Ruppenthal, seconded by Marshall; and. carried that Resolution -No. 300' adopted on May 26, 1958,': be. rescinded and: that' the' ,protest filed with the Public IItilitiee Commission-. be` withdrawn.. Gift: tn Community Center` The,City',Manager reported 'that the Cornelia Burdick Menoriaa. Scholarship Fund wishes 'to ; make a gift to tae : C'ity of a memorial drinking',fountain. and plaque; :tobe erected at the Community.Ce titer.. ;:,He recommended acceptance of the gift. 0n`motion`of bishop and Byxbee, this gift was accepted :and ; ;it was directed thin,' a letter of thanks ,,be _ sent -to the donor. Amendment to Leas with 'Crown. Motor Sales The Assistant :City,,Manager.;reported that the City has, been: ;negotiating with. the .Crown- Motor Sales, assignee of the lease between the City and :Frank Walt coverizag property .in Block 5 being Acquired:, for as ":parking : lot; that. an:'agreement has been reached f"or ;for free rent during the. months. of July and August, ..;1.958, plus payment of .. $600. 00- by the City to.. Crown`'Rotor- Sales ;for'.the assurance' that the City will ,receive poeeeseion` of. the stn re; property' at 511-:AIma • Street` and 522: High Streetby ;'Septeaber. 1,1-.958;....' instead of January 1, 1959, as prow ded in 'the ; original lease-: :14 On `tuotion of. Byxbee and Bishop, the amendment to the lease was approved .lee., accordance with the recommendation,- and the Mayor was,,authorieed tce si.gn theamendment in behalf of -the City by unanimous Vote: on. -roll 'Ball `Variaice, Telenhonedo an ;:,A report.'Was received frota the .Planning Commission recommending that the .decision of.the _ Zoning Administrator be reversed ;and that a variance_. be granted to the Pacific Telephone and ;Telegraph' Company to. allow a portion - of a building over 50 feet in height;:- to, be constructed- withouta s,etbeck on; their property at 3k5Hama lton . Avenue:, provided, the. Telephone :Company :will acquire from ;;Mr. Whiteon, ;the adjoining property owner, title to the air rightsabove abo -the ;50 -foot limit of the entire' adjoining lot; The' question was' reviewed -by the Planning Officer who called attention to the. proposed. rezoningof the property: to P -F (Public: Facilitiee `District in order to -place the telephone', compare property in. the :properzone:. The:�re,qui.red hearing._on the zone change, is :to: be' httlde by the 7Planning Commission on: June 25, 1958. The ‘ Planning otticer ` suggested that action on the matter be held over'until each_time as the'zone change is ready for Council action,{. or that the variance be:granted on condition the property is rezoned. .Mss'. 4. V. Arbuckle, Vice : Chairman of the. Planning. Commission;, explained .the C;on 1eaion's views and :reasons' for recom- mending ;the:_ variance only en-econdition the air rights ;be acquired from the adjoining.>property:'owner, as the Commiasion feels: that a setback for air, and light circulation'. in the .commercial district is essential:: Mr Arbuckle stated -that the' .A erican ,institute of;' Architects' had ;been contacted ,and. had suggested the' requirement..for the: purchase, of air rights above the 50 -foot level :'as a''_solution of the wetbackproblem. . A letter- was.; received from they Pacific Telephone and Telegraph Company epncernint _their construction plane te. meet . urgent demands for telephone service in this area, and requesting that the variance be granted without. any conditions attached-.: - ` They urged that the -'Council make a ;: decision; at 'the earliest possible date ' in view `of -,the fact that this ;patter; has been pending.' `,for , over four 11onths,.e. A;: repre eentative :of the telephone company addressed the Council :in support;Of, stheir <request .A ::lotion was .;atade by_ Rodgers, seconded by Byxbee`, that the variance- be granted as requested by the telephone company, without any_ conditions` attached. During the_ ensuing. discussion, it was pointed out: that ;'there wia.1 be ";a parking problem and: that additional : parking. will `lee required to' handle carte' of employees who ►.311 occupy} the :new building. The ,mayor and Council .members stated that .-they hoped the„ telephone. company would take the lead' in studying '-the; latter and finding: a solution for the employee parking problem in., the, downtown •area ; The motion to grant the "variance: without any condition carried by voice vote. Record of' Survey, Block Tract 912, Sterling Gardens No. 1 report: was received :from the Planning Commission recommending approval of the Record of Survey covering: Block 9 and adjacent 20 -foot alley,; Traci No. 912, Sterling Gardens No. 1, subject to granting of utilities easements as shown on the map and subject to, furnishing evidence of payment of all payable city and countytax•a and weed abatement charges, as outlined in Engineering: Bulletin 58-45' On motion of Mitchell and Nevis, this Record of Survey was approved in accordance with the recommendation of the Planning Commission.- i Reports were received'"from the City Attorney on claims as follows:• Claim: oi' ,Arthur "S. Knapp in the amount of. $:l$.Ok: for damage to ; ear door• alleges to have occurred during- exc'acation `for •a . gas, > n. The City Attorney reporte :that:.the -Gas `Depepta ent ::has 'advised that the damage was caused w en a ";no :parking s1g>ix`,`was blown over by the..; wind'and_'hit -.the ;door.. : He stated thatin his; opinion there', ie .no liabili y4 on the; part of the, City and recoassiendedthe,,claim::be denied.:. Claim<, of Lcxuiee.. M Mullins and H.- H. Mullins in; the SUM of $3=75 for':da�aage to: automobile :When spray Proem 'the `city spray: ;truck blew on :the care while spray ing.. street :trees;;. • C1ael*, of Lena A. Martin in. the sum of $1.75 for damage ;=to- automobile when apray blew' on car while street trees were being sprayed' by the City. In connection;with the above two claims (Paragraphs b.;and :e), the 'City 'Attorney advisedthat the -City' was acting in ;its .governmental capacity; while performing the: function of", spraying trees, 'and in his: opinion the City ,not liable. He recommended denial of .both elalas.: Claim 'of' Carl• :0. Lindberg in the amount of $133.17 and claim of Kenneth R. Loc.kie and Irma A. Loekie . in -the sum, of $655.338, involving damage to aircraft by flooding at the -airport on April 2, 3 and 4, 1958. The City Attorney advised that there is nothing to indicate:that the damage was caused by any dangerous ar -defective: condition of public property, and 'he recommended that both claims be denied. It was moved by Byxbee-, seconded and carried that the claims of Knapp:,; Lindberg and Lockie (Paragraphs a and d) be denied.' At the reques=t af::Councilman Ruppenthal, action on the Mulling and Martin; claims (b and c) was deferred; until the next meeting, to give opportunity for discussion with the City Attorney. Submission of Assessment Roll A report. Was received from,; the City Assessor submitting the Assessment Roll for -the fiscal-. year 1958-59 for the purpose of equalization. Attention WAS directed to SeCtlons. 459 and 460 of the` Administrative" Oode- requiring -the Council ' to :meet as a Board of , Equaolization at 7:30; P.M:. on: the :fourth Monday of July and that a notice of the ..meeting, be ':pub? ished ,; • It was moved; by B xbee, ;eecondled and carried; that the . Council Meet as;: a Board of Fqua1ization.,. at 7 x 30° P..141-. on July. 28,, , 11958, =and that a.` no•tice cif this meeting' be' published by the City Caere. ransfere -ta °Gloms; Aecoonts' On -..notion .:of (-Mitchell and Ruppenthal,, and by unanimous,: Vote on `roll .call the Controller was , authorized to make -the necessary _ transfers within.and-between departmental budgets, to transfer, utility- fund lottl=ances tothe; enera1: Fund''and; ;lake, necessary journal entries' to cloaeaccounte for. the :,,1iacal - year, and to transfer additional funds -to reserves 1 .Uncompleted Projects - Peappropriation of Funds It.Was:moved• by Mitchell, seconded by Ruppenthal, and carried by unan1.mous" vote:. oni roll call, that uncompleted. projects :..for which appropriations were made.:,in'the 1957-58 budget. be approved` for c;opletiore that:. -the new budget include a reappropria- tion'of funds needed to compl'ete-euch.projects, and that the Council authorize; _the aontinuat.ion. ,: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. Tentative Map of Eleanor -"Court Councilwoman Corcoran called attention to the tentative. subdiviaion'map;-of`Eleanor Court which was approved by the Council at its last meeting, and -advised that she is concerned about the development of the subdivision which provides for `a ., cul-de-sac from E]. Camino;"'Real ina;tead of a.;=through street: connecting with Wilkie She: pointed _out. that';there 1a; alp interior circulation and that: children would; have no way to .get to school or the, park without .using El Camino Real..; She asked that the matter be re -opened to consider the: advisability of putting in a walkway:: After discussion, the staff was asked to look into the matter and discuss it. -with the: property' owners involved'to see if-. rthey:;would; :be willing::to.. -provide a ,suitable path or -walkway, and. ,report back to the Council- at; the. next meeting. Reporrt of- Citizens Committee to Study Downtown Problems roposa1 for"gark ng' ter Moratorium A report :was•.received from the Citizens Committee to '. Study Downtown =Problems recommending that a 90 -day. moratorium on parking :meters be:adopted;in time to pe It the trial period to begin on Ae;guet 1, 1958'` The recoemended ' plan is as follows A moratorium on collection of fees on all meters in the downtown. area .for_ a -period" of 90 days, Fio jest to the follow ng ,conditions 1. University : Avenue to be limited to one hour ;parking in the shopping area. All side streets on which there is presently.a parking limitation to be limited to two hour parking., Hours presently in effect on parking lots to be continued,excepting that lots with a present maximum' `in exceaa of,' four hours be "limited to a four hour maxi 4. Adequate :policing be provided by the City to enforce. time restrictions beginning 9:00 o'clock each morning except Sunday; t the end of the 90 -day period (October 30) the meters will be.: returned to regular service:, e City; staff'> be instructed; to obtain expert counsel nd - work , out - details " -of- measurement and management in .cooper atian :with the,Downtown Palo Alto Association which.-.haa offered to." provide business etatistice and cooperate - in : every way, and with representatives of the:::»owntown Property= Owners Association, this •committee, and the public at large., 7. No `change ;'to be' made in City leased parking spaces. After` discussion of the problems involved, the Council felt that it would' .like - to have further information and a complete report from the staff' before. any action is taken. 'It was agreed'.that.-the. City Man er and staff, would ;make a review axed study : of " the proposal, . and submit a report 'and informs tion ':t'o the Counen 1t5 next meeting on' July lk , :1958', on costs' and the various' problem :`involved;: whieh would: include the loss: in meter :revenue' during" the ;; trial period, the fixing of the tax rate for the district: by. Sep�testber- 14=19%1-, the',Improvement. o,± parking; lots .changes in parking`,;time liatite and signing, policing and enforcing,: time' 'limits, covering; of` *eters, and 'other mattersin volved in -•setting up the:;;progr •which would require decisions: by the Council,. proposalia adopted the'.eitisting meter -heads a during the trial_ period but' Should be ' covered, standards'' should b'e _ pl"aced on new parking lots as ,provided In`:the:specificationa. It was also agreed that there:.ehould be discussion with traf'fic . experts: to determine 'the_: techniques to beused in a►easuring the :'effectiveness` of- the meter'`moratorium. It was the general o union of the Council that if the hould not be removed and that meter; soon to be improved t 8:50 P.M . Gf Mayor