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HomeMy WebLinkAbout07141958City Hall, Palo Alto,: California July 1k, 1958. The: Council, -of the C.ty, of Palo Alto met in regular session ;on this 'dateat ,7:30 P.M., with Mayor Porter presiding. Roll .cal3. asfoflow ,.s Present Bshop,.Byxbee., Davis, Evans, Giffin, Marshall, Mitohelli Mavis, Porter, Rodgers, Stephens, Woodward. Orcoran, .Cresap, Ruppenthal. -The minutes of the meeting of June 2 as distributed. Election -:of Mayor. The Council proceeded to ballot for the election of a mayor for' the fis.eal. year 1958-59. Councilmen Byxbee. and Rodgers. were appointed tellers On,` the first ; ballot, Noel Porter received, 10. votes, Dear C;resap.1 vote.`.and Lee Rodgers 1 vote. Mr. Porter having receiveda majority- of'; the votes of the Council, was aec]ared. re-- elected mayor for' the fiscal year 1958-59 Election -of Vice Ma1or The .Council :then balloted for the election of,a vice mayors for -the fiscal year 1958-59.,.During:the balioting'a question was raised as to whether an elec;tian' required 8 votes or a majority 'of those present. It was. '>moveci'by Giffin, seconded by Navis, and, carried that -the -Council follow precedent and require 8 "votes for election, a aia:jarity of the entire Council.. 1958, were approvedl were,taken:for vice mayor, Marshall 7 votes Bishop 4 ' CrOap 1 vote Marshall 7 votes .Bishop 5 Marshall 6 votes -Bishop 6 6 votes 6 " Marshal' 7 votes Bishop. 5 „ )1arsha 1 7 votes. Bishop" 4 „ Rodgers 1 vote Marshall 8 votes Bishop 3 „ Rodgers 1 vote :Marshall,':having received the required rajority reelected Vice Mayor for the fiscal year 1958-59. Project' 52-14; . Sale. >of Pas kind Bonds A report was submitted on the bids received at 4.00 on this date for the sale of 1954 Parking Bonds, Series A, Second! )ivieionkrone he'amount of $2:80,000 D0,'University Avenue Off -Street g' J t 5.. , .. .. sociates 3 13idder$ an e Cher ari'1. , � C a' � �,� �, £or ,the tion 4.94 3ath, ender. Cbrp4rati Co ,th a "5 o r w rider ap 87. rn •soh .: � ,� gY eser Ste Ston L-ae o nobe' ,. , .liia ., . to , .2436* a� 'yev�s ��' ;Cca+�an`� . , �� �a��` h�hee �'� Lawson ali ox"b rg ti. sale at o 6 First- . Yarcuitbe wad F ,d te a 'Boettcher . _ Io . 391.Shtrosae . ,, ass t .�eeal,��i � '� was a�ni a �vote card �+ d b� exx"a ea ig.. 3oettG• at adopts `"' r1 ° hearin , ids p thg en • ad�era' .car* 1�3 a0 Sep I. Q °t V $ c.tared o � gtt - :tip% ' $ 7 95B" ea ag' rip°'ted, " s �`�� ��'�0�'1 ` � law • ��e �e� �`�' • 3 r mad , Tt far the vded by f Q, u11e an the City C;;;77,11),`��,en a r° Gh�, �a dget a tted'� ef. � top � > tie .�� ash cile'�`n i 8d b1dget a$ acectixag Cm� t�$e 1�,.d : o£ tk�� : e t � as a ,�dr��t��� _ ��x,� �; • �.aG� �d electric s�,s�g ., t ' x�dd oo 110 x gaythe Council t ►agar • . ae e. n d et a - . d*eae` d an olints iett,er, the b aGk1eY d eral i� the, i' _.fir the 'utilities es stpay ated b il'POt. Q ,,t a o$`i 46aa � do -.r a.', r•on tof th tk�; art''pet$ t .a °..c9 :.d c.°fit: nter. ® ig�ti i dap CQ °'P sit al a p ;,vate under. ri° eatore°` the:Council,' to lion e. City' d C t h$ endeavored cord eq��.. opera ior. the. gord • _ ' . ,� the . ears i� prescribed, �c�r, >� i n °hie cu! the _general tad out thtai. mangy ' cx tore t . o;n tied rg p �a'�1i 1d �.tha, han to nee .p = Utilities ,�cadu ar tse tacc rod e�4 n .3 . o£ the, ee; and %��,e �t� �x1i�a CtiunG�' a4�t9:r� . po1�'�i need b�J 8aa� o� �� - . ,'.'a ac co t1 ee tats 'handle:base o ',t a . the tai the ;S .wed • iox tax to once' w.th s aid .that rt$. :icYr.iv el� ` ��iat odiing this` on an' :ae ',toe, ate°, :ee 4 the app a ��' to1ir4 .based , tint ea . tY�a t�ad, or to a yl�tiO'n . 'equivalents s: i the ,�a er ad i tradit�`O 1��= attention t e t lat in v ti pit t f:, `tog c a a tr 13000e,, � �g ty e�, �.a ;a , . .a�,�, :Ca �,�re i�,on d t n in the o Palo that ; the P ave a ao' and, pointed that e e ...CVO:. 9 tom e, ovor the years; of the.- at rtes... the tter, former C the neighboring .., ate ma ee harm e n, a. of,:.,,the n, i the t r. e o r ,1 0 tYae a o t.t reduction oration i to of to way rtes in beep' . a er ;can$ d , d� aria a wre by oa aexe .hasbv►d,et > Gee " i the audience yecan prdosea Tar the Ota ga b9 ^the as , . ` b't aerit� tietxag` 'oawaa slaved iQ,�ed. �.a58-��� T,i toe here •b�. the 'budget byitahe =7. t apes lt a �e that 179''.acQ gcrtt°' 'loss as°�ted d Ka• d a.; be Ong tre �, axa ins'°e ed ' x�a�ce` xegad. tre ,p,�dg 'Ordinance ox'd an aed '\ and. � *as introduced,' t $ � that the ' ' ar: ink° -� �tta�'e t� �'pwo'P r` �S.ti9 t ai dad b9 B9be vats aeKs ,gta�t waa� made o tre ° r r�%d �eGar Court : p ,t1 %fat pr°vie canna o`da' ;1 it is date af- a dv'i�ad anti tra � 11ed ur• .���,ax� ,n,£#.$f:7!" �' f,'�'Oi'u' � p1^i :tie f �" �.a� i�r this, bu$��t , a,�,i .that a�'�$�,�anted' � red the proposed �' �°' �� 'as, opinion cant, of atto ey oat'�on i ao discstaussed that her tae hefelt . ve tX►at the p m va @ P 09$' ' De viie. ne ti' e a�mi'ai trati cosr a r.:ci' the a,�aa .. t p�. sae,: ° 5� per 11e he di . ,so questioned ire t waL g e �' � x��a •. a = ,gas :�� aria '� ,increase: goo g `� � i `r R' '� - 1 ! ((,�,. 2 yZ (F • „'Wk -ice fiy ^�+iY�S ��,7�'� ' t� "^ _ �, - - - - -.. _ .s•a.'� �+F �AN{ �, ,Lau �� .H YVw�� R��"- �k • salary schedule and stated: thathe felt the Council should discuss the criteria by- which,. administrative salaries are set.; Councilman Rodgers pointed out that' the City is competing with private industry; ,tor employees- and. that -other cities have increased ;s}alaries, however, he felt:that2'city:.employees 3hould:not expect raises:every year. The Mayor advised, that the whole salary question had been given a great' 'deal of consideration by Council members and the staff. Ordinance No;. -1796 adopting the budget as " submitted was then -pissed on roll call, with 11 Ayes, Evans voting No. Letter from Mayor -`of Los Altos re Use of Sewer, System 'A letter was received from. Mayor Atkinson of Los. Altos thanking the City ofPalo Alto for granting the City rf Los Altos the use of a ."portion of ; the Palo Alto sewer system anti sewage treatment plant -,while the Los Altos sewage disposal system was under construction.' Cancellation ofTaxes A: letter was received from the Santa Clara County Flood Control District -requesting cancellation of taxes on the. Burk property on ;Adobe.. Creek,, portion of Lot 68, Tract No. 707, Blossom Park UnitLL, No: <2,- ..a,cquired for flood control purposes: On.motion of Mitchell and Byxbee, the taxes ^n said property were cancelled by unanimous vote on roll call. Traffic Study Preliminary Report .A communication::was received from Supervisor Wesley L. Hubbard,. Chairman of the: Highway . and Traffic Circulation Committee, forwarding the preliminary' report of De Leuw, Cather and Company's traffic study for suggestions and recommendations. He advised that 'the committee would :call'a meeting within a short time of all juris- dictions participating 3n' the survey to see that they.are`in agree- ment:at this stage of the study. The City Manager reported that the preliminary -report submitted covers only freeways- and; expressways; that'i-t -.has been reviewed by the staff and they feel it is an excellent plan. On, motion of :Rodgers and Byxbee, the report was referred to Committee No. 1. Request of School :Board- for Utility Service ,Outside City A, letter was received from Henry M. Gunn, Superintendent of the.,; Palo :Alto Unified School District, forwarding a request of the :Board -of Education .that the City furnish utilities -to the pro- -posed school'site'on Stanford Avenue and Escondido:Road-without-ann4- A. "this` parcel to the City. The City Manager advised that the school site is. one. _Stanford lands` and that . the 'University does not wish -t0= -have the area .annexed to _ the. City as ';it ; is a part of :the campus reserve .• He ,reported that he `hasreceived. a letter. from the,. -Business Manager of Stafford<'Univers.ity on this matter , and that the School District has been =asked- by the, University to participate in. the;cost of utilities;, . ,;The City Manager further reported 'that according' to_..the territorial agreement'= with the Pacific Gas and Electric Company,:; the City does - not;.:have ":the ` right< .to ' serve gas and electricity to • property outside the' city limits :without special. approval ., and. that: .the City;hgs never _been granted such approval over the..years.in whicp the agreement : has een . in- effect. '' After discussion,; it was` moved by Mitchell, Marshall,: and- carrued-•that :the matter be tabled. rtntimioa cier stiagrifrt .cx- nxenx-mw!rt'm+eaxv'iere4semvm s. 2.-. bY...._,�.�.,.. Baxshoree-Embarcadero. Annexation No. 2 A vetitione was filed by. Jesse J. Rapley, Laura E. Rapley, Rio, T. Nakatsu and -.Betty. Y.Nakatsu : requesting annexation of their properties to the City ;of • Palos :Alto under the Uninhabited Territory Act,"to be designated '"Bayshore-Embarcadero Annexation No 2", said property being J a portion: of .: Lot : i, Rancho Rinconada del Arroyo de San Pranciequito containing' an area of 0. 487 acres, northeasterly of the Bayehore : Highway. It was : reported that this proposed annexe- i tion has been approved , byy the -County Boundary Commission as to the :definiteness and certainty of the proposed boundaries. On motion 'of .Byxbee. and Rodgers, the matter was referred. to the Planning. Commission for consideration of the zoning of the: areae with the;'statement that, the Council looks with favor upon,<the annexation. (A recess. was taken at .this time 8:k5 P.M., and the Council reconvened at 8:50 P.M.) El Camino'.Real Annexation No. `3 (Nagglora Property) A petition- was received Xrom: , the:. Maggiore Corporation for the , annexation of their property.':to the City of Palo' Alto. ' 'This :3s unin.labited :territory: on the southwesterly side: of. El Camino Real: adjacent to:the northerly :bank. o.f "Adobe Creek, being a. portion of Rancho -Rincon de San Francisqu to containing 12:'034 acres more `or less. The City Manager reported that some time ago the owners of this = property inquired whether or not the City would be interested in annexing :the area-nethat staff ,members had expressed favorable-. consideration and;the matter was.; brought to .the; attention of -the Council:which, authorizedethe commencement of proceedings.; and that the: boundaries of =the. proposed? annexation had been approved'' by, the County'- Boundary Commission In accordance with-the.Counc:il's policy of considering the zoning .at :the .same _ time the annexation is being considered, the question ..had -.been refe'rrzd to the _Planning Commission .and it had 'considere.d'`the`proposal:for a:Farmers' Market type•of: development. report arras received fro!n the Planning Commission .s t ating i',t .wishes: to go°, on :record as -favoring the annexation, but recommending that t:heeproposed P -C` commercial: development be: denied and t?�:at the County ;planning`:::pa tte.rn` be cont.i nued (150 feet of . ". commercial net to' E ., Camino: Real, followed by 150 feet of apartments and the remaining area The Planning'_Officer reviewed the zoning request of the ,property owners. and presented maps showing the proposed commercial development. He pointed out : that: the - only access proposed is from El;, Camino: Real,;.` that nog access is proposed from the nearby resi- dential area, and :that::it wasthe ` recommendation of the staff that there, 'be no, access' except from El Camino Real. Thee Planning- Officer ,reported -that, a hearing had recently been held by the -Santa,Clara County...Planning Commission on the application of the owners of adjoining property for rezoning to permit. the development',o- . a bowling alley; and;- that the County' Planning Commission; had "made a fay..orable ; recommendation on the matter but that action " has yet to be taken by the Board of Super visors . It _was::pointed out thet:`:property to the rear and on the other side`;is zoned:':_for single °'family residential purposes. Mr. -George. Gillin,erepresentative- of the Maggiore Estate, addressed the COunci°l concerning, their desire- to be annexed to Palo Alto. He :stated that if there is=. abjection by `the Council to the Farmers' Market development, they' are'prepered to present a proposal for the construction" of a 800-unitegarden motel with convention facilities:,; .estimated to ;cos't.j; $2i500,000.. Mr,. Gillin requested .the Council .to give: favorable ,consideration to the zoning of the area for either the:Farmers' Market type' of development or a garden motel. CaIdwe11,. k?29 -McKellar Lane, Ckza rman of ,the :Palo ,;Alto, Orchards, Association, stated that the group he :represents are not :conpez'ned" with s the annexation, of the area. but~ with :• the zoning, .and filed:: a petition ,signed, by residents of ,Palo'Ato Orchards, 'an -unincorporated' :area, --asking that the. existing county zoniing, ordinances be upheld and , that the application by, the Maggiore! Corporation ' to ~permit '.c.ommercial development (a shopping center).-- be, denied -fir Caldwell,:stated that his organization had 'not conai�dered the garden `motel proposal. A letter -was; received from 3. R. and Virginia M. Van Nuys, 4258''.McKellarLane, opposing the rezoning of the Maggiore property from fto_P-C. .Mrs.'Edward Hannon, 4254 Suzanne Drive,. told the Council ,she' mouldnot-. have any ;.objection to a motel, but did' 'object 'to- a . . s;faopping-7center which she: felt would depreciate the value, ,of' the residenti-al property directly behind the proposed development. Col. 'Norman% Nelson, 609 Arastradero Road, spoke: in- opposi- 'tion to`=commercial de;velopiment and' asked the Council to deny the petition, Resolution No. 3019 giving` notice of the proposed :annexa- tion_';of :"El Camino :;:Real Annexation No. 3" and netting August 25, 1958, as,::date, of hearing was introduced. The City: Manager stated that in fairness to the property owners he feltthat a decision: in regard to the zoning should:' be made before the hearing' on the annexation, 'and suggested that the matter be referred to Committee No. 1 to consider the zoning and the merits of- the two proposals (the .farmers' "-market development and the garden motel. project). It was moved by "Mitchell, seconded by Byxbee, that Renolution No. 3019 giving notice of the proposed annexation be adopted, and that the zoning question be referred to Committee No. 11 for a report: at the time of :the hearing. The motion was carried by unanimous vote on roll call. At the`suggeation of Councilman Bishop who called atten tion.to the fact that thePlanning: Commission had not considered theL garden hotel plan, as... this is- a new proposal, the Planning Commission '.was requested to. meet with Committee No. 1 for joint consideration 'of the matter. Agreement for -Gas Tax Allocation TheeCityManager presented' a Memorandum of Agreement sub-. mitted by the State Division of Highways for the expenditure of the gas tax allocation for''major city 'streets for the next fiscal year. It wasexplained;that the agreement provides for the budgeting of gas tax ,funds . for street maintenance and 'an additional item for the acquisition "of right: of way for the widening of Page Mill Road between E3. Camino Real and Birch Street, as previouslybudgeted funds for.; thi; purpose were not sufficient to cover the actual. acquisition "costs;. Resolution No. 3020 approving the Memorandum of Agreement andauthorizing:.its execution by the Mayor in behalf of the City was introduced,:.and on, motion of, Mitchell. and Byxbee, was adopted by, unanimous vote' on roll call.. Request :of Los 'Altos for'Water' Service -The_'City, Manager presented a letter from Mayor- Atkinson. ` of Los:Altos requesting .:the City of Palo Alto to furnish water service: to the .Los':Altos -sewage treatment plant located .on San AntonioRoad- northeasterly' of the Bayshore Highway. On -motion of ,Rodgers and Mitchell, the staff was instructe to. draft;: -a: -contract for submission to: the Council 'f'or.'its c;onsidera-E tion, with recoMiendation on -rates'to be charged for the service.. r'Yo.:a=T9vt r--Z.MteVeL'Cy,tee, ^ rrirviw.�w. zasPee.7'"' - Contribution of Insurance .Companies for Flood Work The>Ci;ty Manager reported that several aviation insurance companies °_had agreed to participate; in the expenses of clearing the eater from the Palo' Alto:,Airport when it was ' flooded in April, ;and I that :contributions in accordance `with the agreement had been received as .fo11'ow's Associated Aviation Underwriters $ 500.00 American Aviation Underwrters 55.00 .Royal Liverpool?Insurance Group 5.00 United States, Aviation Underwriters 140.00 Aero Associates, Inc. 250.00 Total $1000.00 On motion of Bishop and Mitchell, these contributions were accepted. The City. Manager advised that he would send letters of thanks to the companies. Library Hours The City Manager advised that the date for opening the new libraries would be announced shortly. He presented data on the occupancy count at the main library during April and May, and a comparative schedule of hours for operationof the main and branch libraries, stating that the budget has been designed on the basis of operating the new main library from 12 noon to 9:00 P.M. Monday through Friday, and from 9:00 A.M. to 6:00 P.M. on Saturdays; that it is proposed to operate the new Mitchell Park Branch and the Downtown Branch at thesame hours, and to change the hours of the College Terrace Branch to the same schedule; and that the hours at the Children's Library would be changed so that this library .would be open from 12 noon to 6:00 P.M. during the school months and from 9.00 A.M. to 6:00 P.M.when the schools are not in session, with 9:00 A.M.. to 6:00 P.M. hours on Saturdays during the entire year. It is proposed that all libraries be closed on. Sundays. During the ensuing discussion, it appeared to be the general opinion that the main library should be open during the mornings also- eventhough some additional personnel may be required. A motion was :made and seconded that the proposed schedule of library hours be adopted except, that the Main Library be open from ;9 00 A.M. ; to, 9:00, P.M., Monday through . Friday. It was moved by Davis,, and. seconded that the ;motion be' amended to provide that the Main Library be" openalso on Sunday afternoons from 2:00 P.M. to 5:00_` P.M. The: amendment was carried, and then the motion as amended was carried.' P C : Zone -'Request Apartment Building, Alma. and Palo, Alto Ave. The city Manager reported -that he has discussed the development schedule of the proposed apartment building to be constructed at Alma Street and Palo Alto Avenue with the owners;;; Mollvaine. and Reed,- who have been granted a variance for an a -story building. They told him they would like to, build a 12 -story .apart- ment '' if permitted to-do so, similar to a 12 -story building which. they' have built in Denver, Colorado, ; pictures of which were shown to the Council. ,The: City Manager advised that he had seen plans for a 12 -story structure and that the, project would include land- scaping, a large pool, . and parkingin excess of requirements. He stated that the owners indicated a• willingness ; to apply for. a F -C. Zone, ' and. said ,they, would start ;construction within 120 days, from the. time of formal action: ' Tne City Manager also stated that he:. had contacted'. a number, of peoplein: the community < and representatives of curic organizations, and all were enthusiastic about the plans and felt that ;'such' a project" would be a good thing for Palo Alto. he City Managersuggested that if the Council feel.3 that this =ie a ; very desirable: development: in the .proposed location ` and in respect to the benefits to. the University Avenue business district, that the naming Commission be asked to expedite the zoning so that the -Council can take early action. O 257 After discussion, it was -moved ,by Rodgers, seconded and carried that the matter be referred to the Planning Commission with ;'the request.that they: expedite the hearing on the P -C zoning so that the C:ounc;il can have the Commission's recommendation at the July 261111 Council ;meeting; and with the further request that the Commission I study the °general:;area. north.. of the:University Avenue business district =:with -the objective of developing', ways and : means to facili- tate`and :,-encourage high ouali`ty developments similar to the present proposal, - Bids on Water Distribution System A report was made by the City Manager on the bids received! on July 11, 1958.,:for the construction of improvements to the water distribution system, Project No. 58..-11-j with the information that. the Engineer's estimate was"234,016.42 and with the recommendation that the low bid -of -McGuire and -Hester in the amount of $206,521.10 be accepted: On motion cif Byxbee and Rodgers, the bid of McGuire and Hester was accepted and the :Mayor was . authorized to' sign the contracit for this 'work. Subdivision Map of Eleanor Court -Report8; were received from the staff on the possibility of requiring. a walkway in the subdivision of Eleanor ,Court before :the -final map pis; approved.: - The City Manager reported on disaussions with . theproperty,: owners affected. He advised' .that Mr. William H. `;:Garr; and Mr. Allan Isaksen who are' developing apartments. in the sub - have. stated that the suggested sidewalk has merit but it is impossible' -for: them to make a final decision' until they can determine :what effect:.the walk might have on the:: aparrtmenthouse to ;t►e_.built -on Lot that they did not anticipate any serious problems ;;.but would like t.o handle the matter of t ±e , walkway on an easement ;:basis� and: snot; py dedication It was reported Uthat Messrs: Short and Schmidt would ;prefer not to`have'a walkway, but if -it is required -:they would prefe t.o hav_e it located adjacent to Adobe' Creek, and: they ;feel they should', not;. have to:.b.ear any of the cost. . The Council was informed that'.:Mr H.,P Koenig:, Business Manager of the School District, has stated that; the; School,: Board wants to have the walk -established but admitted:";that-he-had:failed :.to consider the, situation at: the time- - ,the>'tentative subdivision map was under study. The .Planning Officer recommended =the walkway if it can be achieved on a reasonable basis. Mr.. Isaksen addressed the Council, stating that he and r.,.Carr do- not:. wish ;t.o"pay;;for the walk but will do; so if that is the. wish of the Council., I!r. Schmidt stated that the.walk would not benefit ;the Short'. and Schmidt property and they do not want to. ha,r"e, -1t - located -across -:their: property, but are willing: to .cooperate ;by granting an' easement' for the purpose if the walk can be , located ii such =manner :that theirdevelopment project will not have to be - A report was received from the City Attorney concerning his,'rev ew of :thetarob.em and advising the procedure to be taken if 'the owners or subdividers are unwilling to provide the desired walkway. A motion was made:by Rodgers, seconded by Byxbee, that the tentative.`map previously -adopted be rescinded and that the'matter be;- referred'to Committee No.. 1. The motion was lost by. voice vote. ,A suggestionwas made that a condition be added to the approval of the'tentative:map providing for a walkway to be worked out by>the.staff-and theowners. The City Attorney advised that thepreviously, :approved -map -should be rescinded and another map ,9.pproved:,subject:-to t:he._c,onditions desired. On motion;: of . Rodgers and'. Stephens, the tentative map o£ Elearor" Court .previously approVed "was` rescinded, and another anap,"wa . approved subject to theconditions under which the previous; ,map was approved and the ;additional.'°condition--that4 "walkway be provided, the. size and location of.;the al: ->w k_ to;:be determined in a meeting - between %the . etaf"f' and the: owners, and : the walk to be provided.and... and. financed. by th'e property owners . Proposal -for- Parking' Meter :Moratorium . A report was made; by the City. Manager on the review and study;by;.the staff of the. proposal_,of `the::Cltizens' Committee to `St' udy= Downtown Problems 'for ;a:.:90-day:`moratorium on collection of parking ,meter fees subject;to :certasn:-.conditions as proposed in 'the report of :the Committee; received ; by the Council at its last meeting. The City Manager advised that De Leuw, Cather & Company, the -firm hired by the Council to make a traffic study, has completed' part_ _of:the study. He asked Mr. James Meyer of this firm, who, is the - City'_s, traffic': consultant,,:. to discuss the matter from a - tra= f"ic engineering point of view. Mr.Meyer referred to a parking study made' in tie : University Avenue business district last week, and stated =that the findings generally•indicate that a re-evaluation of :the space allocation' and -time limitations is in order at this time.. ; He spoke of".'the problem' of - policing and enforcing time limitations withoutmetera _andadvised that the study indicated generally• .that -there is ' enougrhi parking space, available in the down town: "area at the, present :time except for peak periods of heavy demand. `The'City Manager pointed out that prior to September 1, 1.958, the:Co.uncil must establish `the: tax rate for Districts 52-13 - and. 52-1)+ y - that =the . rates. must be Set -before the results of the experiment could be'=evaluated if'the.moratorium on meters is established for the:=months. of August, September and October as proposed.`. Be stated that.` the; Council could set the rate high enough to'>c:over, the loss inn_ case the meters . were not replaced, and if extra funds:were collected they cou].d be held until needed and future rates adjusted. The City; Manager presented data to show the effect of a" me.ter moratorium on ..assessment Districts 52-13 and 52-14,, and figures: on -the tax rates>'which .would be required to finance the parking - bond charges '11 the::meters = are, continued in operation -:,for'. the whole year., if. the 90 -day. moratorium is :established, and i1. it should be determined`after-the experiment to ,remove the meters permanently.. .During' the ensuing 'discussion, it appeared that there may besome confusion and misunderstanding 'on the part of the property owners as -,to ,t:he; effect, of the` moratorium proposal on the tax rates in.tne assessment' ::districts.' A motion vas made' by Davis, seconded by Mitchell, and :carried "that the natterbe tabled. , After further' discussion, it was moved by Byxbee, seconded by.:Rodger_ s`, and carried that _ the matter be taken from the table : and referred .to. Cori ttee No. 3. 'for further study. Rates .kreport-was made by:the"City Manager on the gas rate decision of the Public Utilities Commission authorizing rate In- creases.'„: He ;called attentionto the C,ounci;l's past policy of passing on, .the rate increases <to: consumers, and recommended that `the `.new Pacific `Gas d&: Electric Company Schedule G-3 be adopted as Palo Alto SchedUle:G- 1 for, customers:insi'de the city limits, and that . the `1?aeific sae & . Electric Schedule G -:) be adopted for the Palo Alto: Schedule,:0-2 for services outside the city limits, the new, • schedu` es ; :to be' effective Ruguet motion".of- Mitchell and Byxbee,, the:gas rate schedules adovted `as recommended,' to' become effective August Complaint- on: Noises at Varian Plant .The City Manager reported that Varian Associates are trying to rectify: the situation and are having an engineering study made'in an:attempt to correct the disturbances and-prevent:the noise. aboutwhich residents of Barron Park have complained. He called "attention to the suggestion of the Building Inspector that a solid fence- erected between the Varian Plant and the residence of the property owner who has protested would':be valuable in cutting, down:.t:he.noise, andHadvised'that the owner has not built the'_ tenoe Grade Separation. Prospect f .The;City Manager requested permission to advertise for bids_.forthe:construction of the, South Palo Alto grade separation project. On ration, of ;Byxbee and `Bishop, he was authorized to :call for bids for.'this work. Annexation and Lot SplittPortion Lot 1, Greer; Partition A request was presented from W. M. Brophy for the annexa- tion.and lot split of an unimproved parcel on Newell Road, being a portion of Lot 1, 'Greer :Partition. It 'was "moved by.'Byxbee,: seconded and carried ;that: this referred"to".COmmittee No. 1 and the Pla:tning'CommIssion. .Amendment. to Golf Professional Contract ""The .City: Attorney ,submitted a proposed amendment to the contract `of ,Patrick F. Mahoney, .golf professional, .covering deferre payments"for. improvements to --'the driving range, as authorized by- - -the Councia at its meeting of May 26, 1958. . A resolution a l Pprc�rin3:�: the amendment ;to the contract • and ; authorizing its execution by the Mayor, was; introduced and adopted by unanimous vote of, -.all. Council members• .present.-` Councilmen Davis ;.and Marshall were absent during the .roil`..c:all` '_ councilmen Davis =and Marshall had left the meeting at 1045 P.M. and did not return). Amendment to -'Working Rules and Regulations A report, was. approval of amendments Paragraph `8 of :=:Chapter regarding :vacation and received .from Committee No., 3, recommending to. Paragraphs 1, 2 and 4 ofChapte,r IV, and VI, of the Working Rules and.: Regulations holiday` policies. -The City Manager explained that the objective of the amendment''was to provide as_.uniform plan for a7.1 employees, and. that it affects particularly :.=the public safety departments., and, other employees who arerequired to .work on holidays. Re advised that the Employees'.. Association. has reviewed the proposed_ revisions` which! meet with their -approval. It"was reported that some. members' of the Fire Department are.:not happy -with the 'plan as they have beep. getting an'extra week's vacation A' a motion,was made, ,by Byxbee, seconded by Rodgers, that the amendments to - __ - ` adopted.`: I Councilman Bishop asked: that further study be given to they. matter and moved that; it be referred. back to Committee No. 3. The =motion was seconded `. by `Stephens and carried. Salary,Schedulea A report <was.. received from Committee No.. 3 recommending the adoption of the salary schedule and administrative salaries as submitted by the C.ity'Manager, effective July 1, 1958; also recommending the- following salaries for Council -appointed officers: City. Manager, .$22,500per year ( 1875•.00.. per•.month), City Clerk, $775.00 per•month, 'City Assessor" $750.00 per month; and City. Controller, $1075.00 per.' mmmonth, ►n motion;:of Bishop, and Byxbee, these recommended salary schedules ;were approved as submitted, effective. July 1, 1958. Hospital Improvement ,Fund A' report was ' received Rios Committee `No. 3 recommending, that,,,a .loan of ".$;20,104' be :authorized fron the Hospital Improvement.. Fund: to: the Palo: Alto 'Hos:pital for -the City's: share of the cost of planning activation :of the 'new hospital 'building; and; that en agreement be .entered into for :the "repayment of the loan to the: -City under.the same terms ' and eonditfi.ona as . the agreement between: Stanford and .the ospital for 'repaymsent of the °Stanford loan in the same amount2. At the suggestion of the City Manager, action on this .matter was -deferred to the next' -meeting, pending` the drafting` of= an =agreement with the ,. Hospital ." Use Permit_,, RussianOrthodox, Church A report was received from the Planning Commission,; unani- piously`` recommending that the decision .. of the Zoning Administrator be' upheld 1n ,granting a 'u$a-permit to :the Ruar ian Orthodox ,Church to allow: the` -location of a building for Sunday School and Church, uses at, 3475 Rose " Road.. 0n emotion . of Byxbee and °Mitchell, the recommendation was adopted and ' the :use :permit ' was authorized. Zone Change TApplication (Lanin$}. A report was submitted by the Planning Commission unani- mously recommending denial of the P -C development plan as submitted by Paul Laning for' the property:adjacent to the southwesterly corner. of San Antonio and Middlefield Roads,: and that the present L-M:S:D zoning be retained. Mr. A. 3. Cathcart, attorneyfor the applicant, presented the development plan for;'=a' roller.; skating rink and a market. He . suggested that ,the matter 'be referred to committee so that perhaps some compromise could be worked out. Mr. ,W:. M. Brophy, Chairman : of the Planning Commission, stated;" that the ::Commission had held a :hearing on the matter; that the members of the Commission were unanimously opposed to the roller rink and feel there.' is ample commercial . development in the area; and that they •also; 'were opposed to the proposed apartment buildings back of the commercial development. On ;motion of : Rodgers and&� Navia, the smatter was referred to Committee No. 1, and: it was*" suggested that the Planning Comrmission. be, invited _to attend the' meeting ;of the committeewhen the question is, considered. (Councilman Nevis left at this time,;. 11:00 P.M., and was"`'absent: for the rest of the,meeting. ) Zone Crhangea and Amnendments; to Zoning Ordinance A report was received from the Planning. Commission: unani- mously recommending, as follows: ] That the property of the Pacific • Telephone & Telegraph; Company:at 35 Hai»ilton Avenue and 529 Bryant Street be rezoned from C-2 to PF;(Pub:lic Facilities District), 2): That the property of the .United 'Brotherhood of Carpenters and: Joiners, Local. No. 661, at :3065 :Middlefield; Road, be rezoned from R -3 =G1 to R-4; and 3) That the Zoning Ordinance be amended to remove sub sections (b)'s (e) and, (a) of Section 9.02, "Uses Permitted", axdthat these: categories be added; under Section 9."03,. "Uses Reouir- iing Use -Permits 71.7 -The City Attorney submitted a proposed ordinance in emergency formcovering the -three recommendations, and . recommended that ; if the emergency ordinance is adopted, the Council also introduce for first reading the same ordinance in non -emergency form and adopt it at the nextmeeting, soWthat the changes made will take place at the earliest legally possible time, pointing out that if . a successful attack should be made on the emergency portion of the first ordinance, the second would become effective at the earliest possible date. �..; Ordinance No. 1797 amending the Zone Map by changing the district of portion of Lots 1, 2 and 3, Block 21, from C-2 to P -F and; by :changing` the district of the property at 3065 Middlefield Road from`R-3=G to R-4, and amending Sections 9,.02 and. 9.03 of the Zoning Ordinance, was introduced, and on motion of Byxbee and Rodgers, was adopted as an •:emergency ordinance by unanimous vote of all Council members present. A similar ordinance was introduced for first reading by unanimous vote`,on roll call. !Claims ford Damages The :Council gave: further consideration to claims on which action:. had- been •:deferred atthe last meeting when a . report was received from the `-C.ty'Attorney recommending denial of the claim of Louise M Mull na ;and: H.: H. .Mullins •in the sum of $1.75, and the of" Lenna A.. Martin in : the sum of $1.75, for 'damage to . their automobiles when ;.f sprayfrom .a city spray truck blew' on their cars while: street; trees. were..;being sprayed. The City Attorney:,adv_ised. thata-gavernmental_ agency is; not ` responsible for its actions, while acting in agovernmental capacity. ;It, was moved, seconded and carried that the report of City ,Attorney, be accepted and these claims be denied;. ;Monthly Reports of the Controller for June, 1958, was 'he iont:hly report of the planning Officer on action taken' i.n June on;- applications 'for. lot divisions, and the monthly report of! the Zoning Administrator; on action taken in June on `;applications fort ,v,ariancen. and:'use: -permits, . were received and placed on file. :Suitt *'for' Daimage .? .cequest'was; 'rec.e •ved .from. the „City. Attorney for auth.ori,-1 z•ation to:file a snit fror collection of damage to; an electric standard which` was .damaged at the time of a collision between; two automobi:les`. near _the, ntersect� on of Kingsley and .Embarcade.ro Road on J.uiy 21 `1957.; He: stated }triat the&% Commercial Officer h.as mpde ;repeated? atteaaptsv,:to= collect:the damage of $270.88 from either oz both of the`parties.and/or their'insurance companies: without: success On:motion of Byxbee and -Mitchell, the City: Attorney was authorized to file suit for 'collection, of this damage -claim. Transfers and Journal Entries to Close Accounts The Controller reported the following transfers and _ journal entries to, close accounts for the fiscal year 1957-58, per provisions of the Charter and _ Council action of June 23, 1958: Transfers of Utility Funds to Utility Reaerves per provisions of the Charter: Debit ; ; Water;: Fund• Electric Fund... - Gas,.•its.iT :d' S:ewer';Fund $ 5,000.00 / 25,000.00 5,000.00 1,000.00 Credit Utilities Reserve Fund General: the 4hjrta par Gain • o et.; o8 of' t Electrie Gag ife,ttiOp e :1 ss actibil :6/2 Zed Credit.' 'Sewer i>lan over C2 rafts' I Utill bit Ba1at�' Priated Auld 1t`. �c r �• 1t.0-. C Ct?.tan 0 cover., .ix�G„@ 5 �a expellee) � ��Cpx�@Ct n • ,a :lance., •i@tea ' 'ewer' to-cover � cocitin't Na ^ ~ , n ,Coat) Veterane sit st) ag�;ta oty° wer Apresv : x $ 13' 373 5g et�,�� ��� declared" �° f��'�h .. to �� rc��Z , �� s and; Afl ''Ci buggy ,