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City, Ha11.,Palo Alto, California
December 2.2, 1958
:The 'Councilof the. City of Palo Alto,met in regular session on this
date at 7:30' :'P 'vt',: ,. with oMayor Porter; presiding. Rolf, call as follows:
Present::13ixltiop Byxbee, Creoap,: Davis,::Evans,; Giffin, Marshall,
Mitchell,' Porter, Rodger,.s, 'Stephen,` Woodward
December 8, 1958, were approved.
This was the time and place set for the hearing of objections and
protests to the proposed. annexation of uninhabited territory designated as.
"'Foothills. Annexation No.;1-A A certificate :was filed by the City Clerk
certifying'.that the resolution giving notice of the proposed annexation and of =
the time and place set for hearing of protests thereto had been published as
required in the Palo Alto. Times and in the San Jose Mercury and that affidavits
of publication are on file; • also certifying that a copy of the notice was mailed
to all the owners of property proposed to be annexed.
The City Clerk reported that twowritten protests have been filed,
one dated October 6, 1958 from Ruth Mullen Graham, Peter Mullen arid. Jeanette
Mullen Dyson, objecting to the annexation of 146 acres of their property on
which the •new Palo Alto Hills Golf and Country Club is being built and the
adjacent 134 acres which they own. The other written protest was filedby
Lee Yee, Lun Yee also known as Philip Yee, and Wo. D. Yee also known as
Walter Yee, owners of an 11.70 acre tract, who stated that the area is used
for agriculturalpurposes and they have no intention of developing or subdividing'
the property; that they do not wish to appear to be opposed to any expansion
plans of the City of Palo Alto but -they haveno need for municipal services and
request that their property be excludedfrom the proposed annexation.
It was reported that the total assessed valuation of the area included
in the proposed annexation is $311,:890.00; that the assessed value of the Mullen
property is $23,900.00 and the assessed value of the Yee property is $14,670.00.
The hearing was declared open. There being no one present who wished
to speak on the matter, the hearing was closed.
A proposed ordinance approving the annexation of certain uninhabited
territory designated as "Foothills Annexation No. 1-A" was introduced, and on
motion of Mitchell and Woodward,` was, accepted for first reading by unanimous
- vote on roll call.
Cancellation of Taxes
A communication was receivedfrom the State Division of Highways
requesting, cancellation of taxes on portion of Lot 12, Block 6, Seale Subdivision
No. 5, acquired by the State for highway'purposes.
A request was also received from the Santa Clara County Flood Control.
District for the cancellation of taxes on the Herrick property on Adobe Creek,
being portion of Lot 15,Block 7, Tract 840, Charleston Meadows Unit No. 2,
acquired for flood • control purposes.
It was moved; seconded and, carried by unanimous vote on roll call
that the requests be approved and the taxes on said properties be cancelled.,_
,.t ti
4 63'
petition was received, -'with 82 signatures, requesting the Council to
consent to the Commencement of proceedings for the annexation to the City of
Palo :Alto ofcertain:inhabited territory. designated as "Garden Terrace Annexa.-
tzon". It was explained; that this area is located south of Adobe Creek and is
ad,ac'ent to El Camino No. ,.2 which was;. annexed, several years ago... and that it
is a ;portion of the- Monroe 'Park area which was considered for annexation
several times in previous 'years.
It. was :pointed out that the next step, if the Council looks with favor
upon the .proposed annexation, is to direct the staff to work with'the proponents
to -conform; the boundaries, to draw the required legal map and to develop a
legal description of the proposed' annexation area.
Mr. Frank Madison, 4374 Miller Court, spokesman for the proponents,,
addressed the Council stating that 82 out of about 90 homeowners of the area had
signed tale "petition requesting that the Council permit their: to work with the City
in the cornmencement of annexation proceedings. Mr. Madisonpointed out that
there; are about 30 acres in the area requesting annexation, and that the area is
about one-third of the whole Monroe Park tract. He said that the petitioners
` like Palo: Alto and hope the; Council will gyve its consent to start the necessary
proceedzngs `for annexation.
It was moved by Cresap and seconded that the staff be directed to work
with the proponents, to conformthe boundaries of the proposed annexation area
and to draw the required legal map and prepare the legal description.
Councilman Byxbee advised that he would oppose the motion as he felt
that all of Monroe Park`bhould be taken in or none of it. In answer to a question
regarding serving the area with utilities, the City Manager reported that there
would Se no serious problems; that the Electric Department sees no problem in
serving the, area and that the Gas Departrnentalso sees no problem provided
the service area is kept north of Del Medio Avenue; that the Water Department
advised that it would not be practical to serve water unless the City serves all
of Monroe Drive; and as to sewers, the fall would have to be to Alma Street or
across Adobe Creek. The City Manager pointed out that landin the Monroe Park
, area adjacent to the railroad has been annexed to Mountain View, but that
Mountain View tad not taken in the residential area.
After discussion, the motion was carried by vote on roll call, With
1 Ayes, Byxbee' voting.' No
(Councilwoman: Corcoran came at this time, 7:50 P.M.
and was present for most oz the meeting.)
69iil nd hill Road Hi h ra
A letter was received horn the Palo Alto Charnber of Commerce
;requesting the Council to pass a resolution_ in support of legislation to include
j Willow and Sand' Hill :Roads in the 'State Highway System,; and tce forward copies
of the resolution, to representatives of San. Mateo and Santa Clara -Counties in
`the State Legislature.
-Resolution No. 30`55, :'requesting that Willow Road and Sand Hill Road
'.bc made a'.part.of the .State,Highway System, as part of the project extending
from:Highway 50.`neal-' Livermore :through Niles Canyon, across Dumbarton
4Bridge:and„connecting :with:Junipero Serra, Freeway, was introduced and on:
motion: of: i3ishop;and Giffin, Was adopted by the following vote' on roll ca/it
Ayes: Bishop, :'Corcorax ,, : Cresap, °Davis, Evans, Giffin, Marshall,
Mitchell, Porter,, Stephens, Woodward.
Noes: Byxbee, Rodgers.
Ai ✓tYihi ..y 'C` qm.�y,
aMnCe dS��.tk �461'7�de�k'
It. was ,.directed `.,in -the resolution that copies be forwarded to Senators
John FThompson: and Richard A Dolwig and to Assernblymen Clark L. Bradley
and Carl A. Britschgi.
Assignment. of Contract "K". Hospital
The City.: Manager presented'an assignment of Contract K forthe tile.
work:'of the Palo Alto Stanford Hospital from :Selectile Company, Inc. to Alves
Tale Company. He advised thatthe assignment has been recommended by: the
Manager of _Construction
Resolution N4-. 3'05.5 .A authorixxng`the Mayor to execute the Consent,
to Assignment of ;Contract "K"' wa:s introduced; and on motion of Byxbee and
Rodgers; was adoptedby unanimous vote on roll call.
ssistant Civil Defenee.Director
The City, Manager reported that since Fire Chief Ledford retired there
has been a vacancy an ;the 'posation.;of Assistant Civil Defense Director, and
recommended that William A Hydie,: Chief of Police, be appointed.
On motion of :Mitchell and Marshall, the recommendation was adopted'
and Chief Hydie was appornted Assistanit Cavii Defense Director for Palo Alto,
Warehouse Issue Sheets -for Surplus' < Property (Civil Defense)
'
The CityManager'presentec, a resolution authorizing certain persons
to sign, warehouse issue-sheets;(SEASP=Forrn:111) of the California State
Education. Agency for _surplus, property. on behalf of the City. of Palo Alto. He
'advaeed that the surplus property`sproperty which- may be acquired from the
State for Civil Defense."an-d Disaster purposes, and that there are timeswhen
such property, is available =either. oxi a' Matching basis or a donation basis. ,The
persona to be authorized; to sign the regwred`forms.are the City Manager and
Director of Civil Defense the 'Assistant City Manager, the Chief of Police and
Assistant Director of Civil Defense, the Personnel Officer and Deputy-Direr:tor
of Cavil Defense, andthe Purchasing Agent.
Resolution No. 3:055 authorizing these persons to sign the warehouse
issue sheets of the California Education Agency for surplus property was: intro-
duced,. and ox+ motion of Bishop and Byxbee:rwas adopted by unanimous vote -On.
roll .call
:Application: to;Purchase :PGE E Elec'trica;l. Fa.cilitie s
The City Manager presented a :.Joint',Application of the Pacific Gas and
Electric -Company and'the City of':Palo.Alto -before the Public Utilities Commission
'for an;'order. authorizing the 'Company to sell to the City the electrical facilities
:serving the:.Stanford Convalescent Home and the Children's Health Council -It
wagsreported that the:total sale price Is $5,,339.84.
A. x•esolution.authoriling, the Mayor to sign the application in behalf
of the City was introduced. and on imotion of Rodgers and Byxbee, was adopted
;by unanimous vote on roll call
Easernent to PG&E for Relocation of Pole Line
The City Manager presented an`ea.sexnent from the City of Palo Alto
to the Pacific'Gas and Electric' Company for pole lines and appurtenances .across.'
city -property located iii -San Mateo . County: He explained that due to channel
improvement work being done on San Francisquito; Creek by the Flood Control
District, it is necessary to relocate a portion- of the pole line.
A resolutionauthorizing the Mayor to execute the easement in behalf of
the City- was introduced, and. on motion of Byxbee and Rodgers, was adopted by
unanimous vote on rollcall.
Reporton aPUC Water. Meeting
A brief report was made by the City Manager on a meeting held on
ecember 16, -1958, at' the, San Francisco International Airport by the
San..Francisco;' Public;'Utilities."Commission, which had invited wholesale" water
customers to a -'conference to discuss the present and future' water ;supply in the
service 'area of the San Francisco. Water Department, the 'need for additional
facilities to meet:tne;demand and -the possibility of longterm agreements between
.the San Francisco Water Department and their wholesale cu8torners. • The City
Manager advised .that the following items were proposed for consideration:
Consideration of the concept of agreements covering`a specified
period of time' (25 years was mentioned as the possible term).-
Consideration of the formationof a "Water •Users Association"
which would be=an advisory group.
Consideration of meetings by technical experts to -evolve a basis
for arriving at a price formula to be submitted at a subsequent
conference.
Tbe •City. Manager pointed out that the main thing to report from the
meeting was the fact that San Francisco has now taken the first step to attempt
to get users to sign a longterm agreement for the purchase of water; that
further meetings" will be=held ;on=the matter in the future.
Contracts for H m% ' al. Eauiprnent
�w w.Werwbw••wwrww�
The City Manager called attention to the previous approval by the
• Council of ,contracts with Remington Rand -and Toledo Scale Distributor for
equipnneint: purchased for the Palo Alto -Stanford Hospital Center, advising that
it is necessary for the"Council•to pass a' resolution authorizing the Mayor to
execute the contracts.
Resolutions approving the agreement with Remington Rand for materials
in the amount of $681.26,' plus tax, and the agreement with Toledo Scale
Distributor for materials in the amount of $494.10, plus tax, and authorizing
the Mayor to exec*ate said agreements, were introduced, and on motion of
Woodward and Marshall, were adopted by unanimous vote on roll call.
Drainaeefrom 'Mountain- View into, Adobe Creek
The City Manager referred to the storm drain being constructed by the
;City of Mountain View to discharge water. into Adobe Creek, which he had called
to the.Council' a attention -at 'a previous meeting. He reported that he had
wrs,ttenfto:t] a City. -of Mountaize View and to the Santa Clara County Flood, Control
{District, and had received replies :froxia both:. He advised that the City. Manager
of Mountain'tew had. sent:a copy of the drawings and specifications for the
tatorm drain,;.-and"had "steted that the.Flood'Control District was aware of their:
plan* and that'Adobe::Creek;had<been designed to take care of the natural drainag
from'tte aria-.
The'CityManager read the letter from Mr. Donald: K. Currlin,
!Manager Counael%iofrthe.--Santa Clara. County Flood Control District, stating that
the: warter from the drainage distinct will >enter Adobe Creeklbetween:the Southern
: Pacsftc culve;rt.. and" the Alma- Street culvert,and that:Adobe:Creek is able.
:to
;adequately handle this additional run-off duringg peak periods as well as '-all. other
.water of the Adobe Creek watershed.
Ccu ici,lman Eyxbee noted that`Adobe Creek fiows=.into the -Palo Alto tidal
!basin whiCit does not `belong, to the Flood Control District. and: asked if the City
Frs requiired to take water "from other ,places. The City Manager pointed out that
the: FlOO&Control,,Oist-rict bas constructed the ,tide gates in the Palo, Alto: basin
rand has also ixdici ted""wvii ingneaa'to assumema.intenance re-sponaibility� of the
0
=iy+s ;n_
levees on the basin. He also pointed out that since last year the major portion
of the creek has been lined.
It was agreed that, the City has ,no control over the situation; that the
creek is the responsibility of the Flood Control Distarict;.however council
xnembers:<expressed concern_ over the project to;drain waters from, a portion of
Mountain. View into.Adobe'.Creek_:
Parking' Meter, Moratorium
A report 'was received from Committee No. 2 recommending that the
Couxmcil.follow:the>;recommendation of Downtown Palo. Alto, Inc. and defer the
parking rrxeter rnoratorium until such appropriate time as Li:lay be desired upon
the -conclusion of the organization's study and new plan: of approach to the down
tows Palo.Alto problem. The:, committee further recommended that the refund
of the_ off-street parking 'district; tax a.ssessxnents :be, considered at the end of
the :fiscal year:` It was .moved_b,y Evans, and, seconded, that the recommendations
' of Committee Nos ,2 be adopted.
Councilman, Marshall: reported that he has been presented with -a
request from 24 merchants and ,property,owners on University Avenue who
wouldlike to have the matter deferred so that they might:.have an opportunity
to be presentand. be;.:_heard 'It was :roved by Marshall, seconded by Byxbee,
that themotion be aznended to defer action on the matter until the Council
meeting of January 26,, .1959.; Cauricilmann B xbee `stated that he had learned
that Certain Merchants were unhappy .with the proposal to defer the parking
meter mnoratorium and would prefer to have the morator.iuni next spring as
previously -planned,
Mr.Joseph- O' Donahue;:; 'Executive Director of Downtown Palo Alto, Inc.
spoke iii'opposiitian:to,;delaying action-onthe::question, 'pointing out that his
orgartization had zriade a report_ to Committee No..;2: as requested and that. any
merchants or property owners could have been heard by the committee if they
had attended';: the meeting.
,After discussion, the:rnotion-as_amended to delay. action until
anuary'26, 1959, was carried4 .
Lease with Simisson Motors
A re ert:was received froxn,.Coznr ittee'.No., 2- recoxnrnending>approval
:.and, execution of the .lease with Siriapson Motors covering the property at440'
Ernxerson.Street-.and.4 s 30 High Street,•�,proposed by the staff and previo'usiy
subrnitted'.to the 'Council on November `10, 19;58,
it was .rzsoved"by Evans, and seconded,' that a. resolution authorizing;;
Mayor to:;execute the lease be adopted
letterr waerre•ceiv„ed from Paul N.;; eCloskey; Jr. , attorney for
Fioyd Bowe and rules";Bernheun, officers of -the: Princess Corporation, owners
of property ux arkingDistrict 52-13.,.:submitting a formal protest to the .leasing
of, the .properties;;m question Ito Simpson Motors on the' grounds that they have
,been acquired by,tbe-City fox.ofi :street.. parking pur poses and -the lease would
unreasonably, defer. the public - use ''of the properties _[or`a~ period of three years.
Mr 'McCloske;r_,addre:sse.d the',Coiahcil in, ,support' of the: protest, questioning
the City's right tcs;. execute „such a :lease and stating; that it was his opinion:that
any, taxpayer could :challenge the lease.'
Mr.. Celia Peters,attorney for Simpson Motors, spoke briefly in
behalf_: of his client, .stating that: he does not; see any risk to the City in view
of the :provisions of the lease.
• It was pointed out by the, Mayor that the City is acquiring the, property
at 440 Einerson Street subject. to. a ten-year lease which Simpson Motors now
:aemvi10:1- c1M,I x.zth.
4 hold,t and thattiagotiationshavereduced, the, tern of the lease to .theperiod
ending November 1,..<1.961S ,;subject; to :right of terminationas provided in the
proposed lease:; They provisions were: reviewed, by the City Attorney, particu
{ .larly Paragraph -25 which. states- that the lease is intended Lae a portion of a
conSprornise settlement of::litigation, -that :`sbould a final court dec'ision hold the
lease'. to .be invalid /or ;any reason, .the lessor shall have no- responsibility of
any;:ki d to lessee because:of such invalidity, and, that shou1d-a final court
decision, hold that the lessor' s'attempts-to,gain title to the property or to. deliver
pose'ession; thereof to the lessee have resulted in an illegal expenditure of public
-funds, the, lessee agrees to indernnifv and save .the lessors its officers, agents.
and employees, harmless from any cost, risk or expense in_ connection'therewitl
After discussion, the resolution approving:thelease, and -authorizing
its execution by. the; Mayor.wa,,s,adopted,by unanimous vote on roll call.,
467
Fees for Use: of El Camino: Park
CouncilrrnanEvans, Chairman. of Committee No. 2, :reported -that the
fee schedule for: the use of El Camino Park by organizations for fund-raising
activities:; had been C reviewed. at the request of. the Stanford Area Council of the
Boy Scouts, and thatthe committee had asked the staff to .submit to the Council
cost figures on the use of the park by non-profit organizations.
The City Manager advised that Alec Smith, Recreation Superintendent.
had been requested to work with the Controller and the. Public Works Department
to coordinate the information and report. Mr Smith presented his report,
stating that it isdifficult to give firm :figures - on the cost of clean-up, maintenange,
operation,'and repairs,. if any, after outside groups have used city facilities; !
that`. it depends on. the nature of the program andthe volume of traffic involved,
He advised that :the flat 15% of gross receipts has proved to,, be a fair sliding
scale Mr. Smith submitted an estimated schedule of costs forlabor, equipmen ,
lights and power and other expenses, with the information that, as an example,
the following would be a normal daily cost to the City for a program such as the
Boy Scouts Exposition held at El Camino Park:
Two men
One truck
Lights and power
.Supe rvision
$ 64.00.
12.00
15.00
12.00
Total. $103.00
M. Smith stated thatif any damage is done to the ball diamond or the
outfield, the cost to. the City would be increased. He advised that the main
problem is the conflict of uses; that it is impossible to get the diamond and field
in playing condition for the season: which begins about the first. of May when the
Boy Scouts use the area fortheir exposition the last week in April.
It .was reported by a Scout representative that if the Boy Scouts had
been charged a fee for useof the park last year, the City would have collected
about;''$1500..00.on the basis of 15% of gross receipts. In answer to a question
from .:Councilman; Bishop, Mr. Chet Koehler:. Scout Executive'.. reported that
the Scouts have never spent any .:money ::an :replacement of the, turf; that they have
always cleaned up the area and made every effort to put things back in the same
shape in which they, had found .thorns Mr. Koehler advised that they. try to .pro-
tect the ball diamond asmuch as :possible; that the lights are needed and the
"exposition could not be held anywhere else without lights.
After diseussion, it wa:s:agreed that:.a nominal fee C should be set for
non-profit, organizations ,using El Camino Park, plus the posting :of a bond to
cover any damage which might occur from: their use. of the area;: this action to
be considered as a temporary solution to take care of.the:, Boy Scouts while
Conuxuttee.No. .2 considers and reports on the definition of a•non-profit
organization
that a fee of �100.0•Q
I seconded and'carried-
b E��na, .•e� and facilities by
e was n1 she ; y amino Parka a to a determination
bytion
.use•. of the El G 9ubj
be established ,for .purposes; what constitutesm nati
.per c3ay tto. Z, rr� for fund-raisingstaff . as to
.non.-pr;o£it tee of the, of a bond s such organizations
is za.to`• , x th=.the . help posting amm ect to the�p It wa$ understood that the '
non-
� by � and alga rtub,j tty• park'
pxofst:: the:zationf age: to city'prope permitted to use the
to Cover o> there at of any, organizationand would. be p
f Boy: scoL 1 are a
n�o;eprofit orb► with this action.
for their. l9`�9 exposition in accardanGe axi
n•�a iialization Alio =��G
iitee No. 3 x.ecomxxiending the
:. A report was received. fr Re olu No. 1396 - relative, to
resolution.
l
adoption of a resolution arziend,ct hospital bills. The proposed
clarified and
'.hospitaa1ixation benefits should bel bills incurred
to:.palo :Ste =re,aidenta-for reauction on P per day on hospital be granted
declared t that the provision: -for cc. not to exceed $2.50 ital Centeri would
Alto -Stanford 1-Iosp rind to persons who
states .that an allowance tal Or Pilo-Alto-Stanford
alo - 1 z-.rrionth p� .into
at-the:'ateo Alta 'to.. P da a during any. prior to entry
for a MinimUm of 1$0 : days
for �a-tota.l of not to :eacceed 21 Y Ce benefits covering all
been -residents of the City insuran
have esp tali who ha proof of .eligibility for
vie no. �ademnifiCatioa. or the=hoapi -. and Who present satisfactory
Hass � termination of hospitalization to the
s cpitalazation expo s of the terra. hospitalization
eshhll be
The resolution further provides that benefits pays
such; benefits within tan �'y � .
txollex. between the an'�ount of insurance benefit and the ,
Con.
$2:50 per .clay ax'�; the diffexerice
bill, whichever is the' lesser amount. 1396 relative to
hospitalization
305?, arr►ending Resolution o• was introduced,
hospital bills, una►niinaus
Rto-Palo Alto
on roll call by
Was adopted was absent
o+�p
allowance to Pala Alto residents.; chell: reduction -ors � Coxcarao•
said<oo m l on nof cil esap resent. Councilwoma
vats of all council members p.
during this roll. call 1A�ill:amsanc
venue
o Side .aid Setback 445. ;GaYifasr�ia _ ._-----=.'"-~
Va� riance o ___ ,._. unanimously
the ^plapsiing Com:zniasion una
A repoz�t was:au�bmitted.bY• ,�ill�,ts:b•e denied and
n otgh�gat r.,s.he `W'ilma ion
ofJohn _T11 variance e
.ending that the apps . held in granting; a .vvixe l
xeconam . A�aaristrator, .be, up feet 6 inches
of`th� .Zoning sideyaxd..setback of 6 Californiae Avexau@,;
feet re alioy,nx;g a mir►r ;for the;.urov�erty` at 445 N. 1:T3�_10 .
othe's^ $e required; 7,, N. District r i R=
$feet are. Shack :2 Seale Suodivis on. No.
af`'I:ot 2a, - that this:.�.ctx®n is not to be construed1ha,xslship YeCoxn:.
poxtian ointed:. out tha exceptional The°deA;, lasssion p. but as to relieve -an excep.
:nended:pl�nuing Procedure, _; .-. •, Building '
d been made in: the'
mirtake na a. 6 -foot 6 -inch aldeyard.
ox, . Dialed Out that a . "permit to allow 1Q-is^cxact..: It °Th@`.may P ce of a building in ghe.:R-I:B-
n8tea anent by the idea wired whsle
ec� : ?the construction `of thh held a$'lieaxing '
u as ex of an 8 -foot ta; °a.ideyard setback as required s Ction had
explained, that ork'bad been stopped Planning Coxrim had hearing
:
eras expla=n was hard;; that the issa on
x iced. W d faled-�azi=apie�,', and the Comxsa
a�'variance .p Willits ha .
after .Ig1Lx. �°�' Ad
xan g of the:: variance in, this case endation
the_ g that the 'recotczzn
Mitchell_ and seconded .. upheld.
was ode by d the variance; be
A ringion adopted aY1
` nni:ng Con�,rnagsson be : and .
of the ;Plat Street and whose rear
son Property,' addxe rear' is
3vfx. i3iite waso lives at 2185 Wave'�iey -crated on:the Mistake
rd of :the William
rtion of theto ride yard variance and _coin or as' t�
abuts "a p° xantinb;of the•
:variance
by the May
e
totem; do -the -g 1n ar,:swe to a question stion by building as'towould
�ouxacil its: P lding �partxnent. , .
inade.-by the ffe ,. ct that a portion cif the the ordizaadin
was $£fected.b� Lhe"fa xe uxed'by t there:.ia ..
I :how h:+ property line' thane q she o and that •
}yes" epliedt t e vrouid.be close to hi has therethere,
be 1 S :line lied that the" bualdYng
. Mr, . W.�.11its 'rep !r ointed out that the .City has
admitted to be
le, inv'alved ' ' T3ae 1�y ,. P ,x►hether th"e
ale' the r -•an it to the: Connell to decide
and :it. it r Der uP --.---"._:_`�.._______-
he' erzor�
granted or if the owner of the. -new house under construction is to be required
to make,a.major Change in the:building: He stated that if the Council fails to
grant the variance, theCity is "not in a position to pay for the correction of the
ergo_ made by `the Bu lding :Depa.rtrnent, that; either the- owner or the contractor
would be required to Make ,the necessary changes in the building.
Mrs.. Virgin a..Brgge,.-55:Waverley Oaks, spoke to the Council briefly,
urging that the zoning regulations be enforced:
•
Mr.. Fran,L. Crist", Jr. addressed the Council in' behalf of the owner
o tne,,property:at �. 5':"California-Avenue, Mrs. We liarnsone He stated that
she :has now:"lnvested'$J 41, 0:00:in the house which is about one. -half completed;
hat aSae hadrtrxed to,.coixaply.with all•the;c ty ordinances and had checked with
the Bui:dxug' Depa rtrnent before -commencing the building.: He pointed out that
other; houses in; the block kave,;a sideyard:of;;not more than 6feet 6 inches, and
that the zoning balancei the area would not be upset by the requested variance.
Mrs. .Williamson::also spoke,to the Councilconcerning her building plane,
stating she:was sorry that the situation had developed but she; would like to.
complete; the ,house as planned. She stated that the; contractor, ,Mr. Harris, is
not to blame ixin_any -way for the error in the sideyard setback.
After -discussion, the motion, to adopt the recommendation of :.the
• Planning Commission and; uphold:, the granting of the variance was: carried by
the following vote on roll:: call.."
Ayes: Bishop, Corcoran, Cresap, Giffin, Marshall, Mitchell, Porter,
Stephens.
Byxbee, Davis, -Rodgers.
Councilman Evans remarked that the Zoning Ordinance is .becoming
very complex and -it might bewell to have plans checked by the Planning.
Department as well as the Building Department. The City Manager was asked.
to look into the matter to ;see ifthis additional checking of plans by the Planning
Department could be handled administratively.
',Variance -on &ide.ve.rd Setback; 891 Clara Drive (McK n j
;.A, report .was: received from the Planning, Commission. unanimously
recorxxmending that a variancebe granted to Thomas and Patricia McKenna to
allow?constr action;of'a .second;'story with a; side yard of 6 feet where 9 feet are
-otherwis required, ,at 891 Clara Drive, .being Lot 16, Tract No. 955, Sterling
Gardens No. :3, Zone District R 1,� with the condition that any windows of the
front bedroom of the .proposed addition on the side adjacent to the property line
• have a S foot ex11.. The,Planning ' Officer. explained that the variance would not
:apply to the whole second floor,"but only to a. corner of the building; that the
Comrni:seioc: had felt it.vas reasonable and approved the request.
On motion of Mitchell and Stephens, the variance was grantedin
accordance�'with the recommendation of the Planning. Commission.
Lot- D;ivisiiony 1032-1041 Amarillo Avenue
A report was submitted by the Planning Cornrnission unanimously
recommending that the lot division .appeal of Emil Muhlebach be granted,
allowing the property at 1039 and 1041 Amarillo Avenue, being a portion of
Lot 23, Block 6; Seale. Subdivision No,: 5, to be divided into two lots of 7,000
sq. ft. each 50: feet wide and 140 feet deep, subject to:
a) . Transferring electric service to guest house from 1041 to 1039
Amarillo (by owner),
ayment;'Or ': segregation 'of- Assessment No.. 258A, Bond Series
and
urni Bhing evidence -=of `pa} payment of all payable city and :c.onnty taxes.
was moved: by Rodgers, seconded and carried that this lot division
e granted in accordance with the :'"recoxnn endatiora of. the Planning `Commis sion.
< Actuarial Stud Retirement System
'There .was •presented for :the Counncil's,; corLsideration a proposed
contract with Coates,-=Herfurth and England; Consulting Actuariesfor the State.
Employees'Retirement System, '.for':making: an investigation and evaluation:for
deterrnination .ofr contributions of rnexnber:s .of the Retirement; System'. • Thee.
Controller advised that the,`study: requiring the services of the actuaries is
-made every fo'ur.years in order to "determine the rates and that the cost to the
City for these services will be approximately $475.00.
A resolution_author3zing the :Mayor to execute the contract with
Coates, Herfurth and,England was introduced, and on motion of Bishop, duly
seconded, was adopted by:unanimous vote of all members present.
(Councilmen "Cresap and Marshall were not present during this
roll call. ;Mr. Cresap returned .later but MT. Marshall was
absent during the rest of the `'rneeting. )
Project 58-13, El Camino Real -Monroe Drive Sanitary Sewers
The City Engineer presented•his report consisting of plans, specifi,-
cations, estimate of -costs, map showing assessment district boundary, and'
diagram and` "assessment. The report was accepted and filed.
Resolution No. 30558,of.=preliminary approval of the Engineer's report
was introduced, and on motion,. of Rodgers and Woodward, was adopted by
unanimous vote on roll call.,
Resolution No 3059 requesting,concert of the Board of Supervisors
of Santa Clara County to construct public irnprovements and to provide that the
costs thereof shall Abe ,rises. ed. upon*- special district :pursuant to special'
'assessment anti -assessment' bond:e,ct's.was introduced, and on motion of
Rodgers. and Woodward, was adopted by:unanimous vote on roll call.
Resolution No. 306(3 'of intention to. construct
improvements, was
introduced and an; motion of.Rodgers='and Woodward, was adopted by unanimous
vote on roll calk; r
Resolution Nos.: 3061 calling ;for••eealed>proposals was. introduced, and
= on -motion. of Rodgers. and: Woodward, Was adopted byunanimous vote on roll call.
T2iis: resolution provides that bids shall -be received and opened on January 9.
1959, 'and reported to the, Council .: on J'ar.uary 12. 19.59.
(Councili iatt .Cres,a4;•returne 1 at', this time and was present for the
rest of the meeting ):
•Ordinance repealin, Article 13 of Codified Ordinance No. 5
• Ordinance No.:. -1825, repealing Article 1:3 of. Codified:Ordinance<'No. . 5
relative to bsl2 ;iaiating signsr, etc =was given second reading, ' and on motion
i f 13yxbee and Mitchell, was; adopted.`by'Smanunous •vote on roll call."
Change: of Street Narne
Ordinance No. 1826, . changing. the name of the rnost southerly
cul-desac off Mackay Drive, just north of :San Antonio Road, from "Mackay
Drive",to.'"Fairfield `C.ourt". was ..given second`:readin , and onpotion of
Mitchen and .•Cre a.p. ' was y un mous vote on roll'. ca
r .ry IFr gy,
!P
471
•
Settlement of Suit'
• A report was received from the City Attorney recomznending.that he
be authorized to settle the:;: law suit of City of Palo Alto vs. Miller for $80.00.
He advised that suit for the collection of the bill of $95.58 for a gas service
installation made at the request of Mrs. Robert B. Miller, 815 Stanford Avenue,
had been filed; that a settlement had been offered in the sum of $80.00,' and in
view of the fact that a trial' would cost in excess of $15.58, the City Attorney
recommended that he be atthorized to accept the settlement:
On motion of Rodgers and Woodward, the City Attorney was authorized
;to; settle the Miller 'suit for`°.$80.00. •
Advisory Proposition on Contract for Acquisition of Boronda Farm
Councilwoman Corcoran stated that she thinks itwould be proper to
permit the people to voter -on an advisory proposition as to whether they wish the
Council; to continue with the acquisition of the Boronda Farm property. She
pointed` out that :a: vote could'not:be:taken in, advance of the Council's action
because of the time limitation set by Dr. Russel .V Lee, the owner of the
• property, but, in view of the factlhat the City will make a substantial purchase
in years to come arid because' ofthe questions which have been raised, she felt
• there would be a better'feelingall around and there would be no question as to
how the people feel about the project. Mrs. Corcoran moved that an advisory.
proposition be submitted'to the -,electors of the City of Palo Alto at the next
general municipal election to be held on May 12, 1959, to read as follows:
"Shall the City carry, out the"balance, of the contract for the acquisition of
Boronda Farm?",
A motion was ina.de by Mitchell that the matter be referred to
omrnittee No.' 3 for consideration and report to the Council.
Reference was Macke to the referenduxn petition being, circulated on ,the
r resolution ,previo xsiy.:adopte'd hy the Council' approving the contract.,with Dr. Lee
for PUrCbiaie.Of'1-194'aCren,of ;the`Boronda .ti arni property. •Mrs.• Corcoran advisied
that ehe hoped the ad'visor'y proposition;•she has suggested would':;supersede<the
referendurn'in the eyes of the people; that she feels' badly about; the petition:
which -;is being circulated and, that from a: public relations standpoint it is a
very unfortunate situation to' have; a.group: `spreading misinformation. She:
':called%.atteiltiori to'a:letter. She received` today from an attorney who' questioned
the legality of the Councii' s action in executing the contract for, purchase of the
property.
The `Mayor suggested- that;action' be; not taken at this :time but that more
thought•be given to the `wording Of 'a ballot proposition, assurming, the Council
wishes to put a propoa,it on• on the::ballot:
Councilinan Byxbee 'expresaed his opinion that if the .Council decides to
put an, advisory propoeition.-on the:bal of as proposed by Mrs.; Corcoran, it wou,14
definitely not be:,in keeping with the Council's action in previously giving;unani
mows approval to,tthe purchase contract, that the people who oppose the action
!have! every right to• present',a' legal, referendum which the Council would have to
place on the if it qualifies;
.lt,was moved.,by°Byxbee, seconded and, carried that the proposal for an
advisory propoa txon on,the' 1�; ay 12th ballot be tabled.
There being no further business to come before the Council, the
'meeting was ad3ourned`-at 9:50 P.M.
ATTEST:
APPROVED:
Iec
Mayor