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HomeMy WebLinkAbout06221959City Hall, Palo Alto, `California June 22, 1959 The:' Council of the City of Palo Alto met in regular session on this date at 7:30 P.M., with Mayor Porter presiding. Roll call as follows: Bishop, Byxbee,: Corcoran, Cresap, Davis,, Evans, Gxffan, Marshall,. Mitchell, Porter, Rodgers, Ruppenthal Stephens, Woodward. The minutes of the meeting of June 8, 1959, were approved as, distributed. Foothills .Annexation No. 2 The Councilproceeded to canvassthe returns of the special annexation election -held in the territory designated. as "Foothills No. 2" on June 9,`? 195.9. Councilmen Byxbee and Rodgers wereappointed tellers. After reviewing the returns from the two voting precincts and counting the absentee ballots, the tellers reported as ,follows: 1: , 298 votes in favor of annexation 163 votes against the annexation 175 votes in favor of annexation 134 votes against the annexation Of the 25 absentee ballots which were cast, 20 were in favor of the annexation and 5 against. The total vote cast at this special election was 795, of which 493 votes were in'favor of the annexation and 302 were against the annexation. A letter was received froxxn JackSilvey, President, and: . W. sKandetzkx, Secretary, of the Barron Park-Maybelle Ixnprove anentAasociation,, demanding a recount of the ballots cast in Precinct No. 1 In answer',to a question from the Mayor, the City Attorney advised°.that they are not entitled legally to demand a recount -Resolution No 3'114 declaring theresults of the canvass of the special election,' held in Foothills No. 2 for the purpose of annexing said territory, to the- `City of . Palo Alto was introduced, and a motion was xnade by.Byxbee, seconded by Mitchell, that the resold tion be adopted. Councilmen,Bishop and Marshall suggested the Council have a recount of they ballots to satisfy the opponents. Councilman Byxbee.. opposed. such action, pointing out that the people who are dernanthng the recount do not live either in the City of Palo Alto Or in the area being annexed. Resolution No'. 3114, declaring the results of the election waS then adopted by the .following vote on ro'T1 call r Aye's: 8 xb'e Cresa Aays Ev 'pones, Rad a s ans, YVfi` al -I ' �. g , Ruppexitha , "Stephens; " claw rd.• Noes:$islop; li�arshsill Not Voting:. Corcoran. ''r ^..Ordirianee No` 1855, 4p roving th annexation to the City Of Palo ! tof`Of certaln' .64 't y a` v,•;:,c•! ., '-1:i� =7 :y t1* .0 abit�ea territox Ctesxry natea as ^e-oottiii s- 4 ,i 11V+'1 `!< t/ :,".i.,..:11.f RA 9 .k. L7 + '.tic iG `.7 4Q !, c:7 4 >i.7IYIO> .. 7 Anne,atio�}y�No. ,,j upon the terms contained in t`he question su'�= l / r. J,"r !lilac S$ et4 S r " 0; VOW .1 :. r+., 1 ,? D a ".) " a .', u r.V.1' ^ f r ttea. at i x 1 ctron h ) an Baia , territory 1 4, aunt '► 1 , a 'Yrc; r :7 rY,t :yt, r .,:,13 t. / i, , t +.;/ X ,ti � Yt �4 anti' declaxing an;emergenctyt, was artroduced., and or in ti,on sfs • xbee' a- d Mitch 11 vas adopted.as an ernerger cv 0rainance by ;: vna=urnpus vote `;on_�r:ol1 oa 1. .G )!.:0. £: :.'„)......),..3',0q."." <t t. r . - t.,;-., ,r y,r _. r" - ' A ajrnxl. ordzynarce "app' ovs.ng,the annexatioo.,, without' F!,;:::(•,;,...,, ,_ sA �rz C. Y,;+ .'..I it: a r(CIt :}�J�:t e 'etergency provison, w sy'acceptei #`Or' Irat reac'.ng a� a regular ordinance CarNden'Per'race: rxexat;on" No:'''7 -A • • This wa.s the time for continuation tion of 'the heara'g on prote�'ets again'st"'tne.propos'ed am exation of certa n`zr'ihabited territory desig# at 4:`a'sW Garld'eii,"jCer{r'a.e-e Ann ixa.tio'1 Ncs 1'=A'' to the City, of - :Pa -10 Alto Tt ways an`nnbanced that.'no"'pxo'te's'tslime been r..cei iea,1-anti -therewas rzo one present to,.speak on the matter, The hearing was: closed:? r ,,.� \ .\',,.,i ,�7' Y'-< , . e. . y � � : r esoZ.taon o 3115, "fi dirig that Rio rnajority proves* has been'knadeon Caxeieta , errace AnYn exatiozi To 1-A aria. call ng 'an' • elect on u- a �tettitor}y'to be held or A.0 u -t• 18, r 5 fg , � .�9 q on the 4,•.;1 gtiesti.ors' of �r'hetier such ter-r�itc ry` slial1 ibe arinexerc . to 'tie City o£"": `faio . ,1to, ; i: was introduced', ,'and an Xnotior�. of • xbee and Mxif h ne was ,adopted bythe following vote on roil call; es ' Siahop,` Eyxbee ..Cresap,, Davis, Evans, :Giffin, ax$hali;;_ A2xichell, `Porter, Bridgers- Stephens; • *oodw trd Voes3 Corc'oran, Ruppenthal F oths.11a� Annex • phis waa the time fox Shearing on: the proposed annexd.t pn . -of �tninhabated territory designated as "foothills Annexation` Nro 3'!' 7 - an area • • ::11-1--;4•i••-•.. .••:•,;,_ o�;3;.9.t'4 axes. notice of -the• hearing^ had been given 'by publication: ,as required, ' and "that notices had•be;e'n:rnaile the _ propo ) ed to be annexed. certzfaca.te was filed by the City Clerk certifyirigthat . \, '? 51. is-iw" 1 ] Written protests were received from Teynharn and Marie Woodward, owners of 114 acres, and from Permarente Cement, Cornpa;ny, owner of 160 acres. - Mr Teyr1a Woodward addressed the Council, stating that he and hzs wile awn property which is partly in San Mateo County and partly in Santa.C.lara.County.;. that their property is oxx the peeiphery Hof the proposed annexation and they would like to be excludecV,as they feel they;: have: nothing. to gain by being annexed to Palo. Alto, He =safd;:thezr property is not urban land and most of it: is' not suitable- for building <pur pos e s . Mr. ZdwardRuff, attorney, appeared in beha►l£;of the. E'ermanente -Cement Company lie advised:: that it is the policy' of_ the company to keep;.out of incorpn= ated areas; that they have all: their own :s:erviceA and, feel that:, they would not gain any benefit by being annexed to,anY city `.` Mr :'Ruff stated that he had diecuseed; the matter with the top oftic,a1a ofthe company and after fullcortsidera tion'of the matter they reaftirxned their policy. Ile:, po anted oat_that the Property in question is. on >the periphery of the proposed annexa. tion area.and could be excluded. He advised that they are; not • opposing, the annexaation b4ecause of any increase in taxes,; but as a matter of policy. Mr. Oliver Johnson,' owner of between 150 and 160 acre*, spoke to the Council. He stated that he had hoped his property could be kept out of a city; that he is not much concerned about the tax situation but sees no benefit in biting annexed to Palo Alto. He - pointed out that the property is "wild" Land and he could foresee difficulties in applying city regulations to the area. A report was filed from the City Assessor certifying that he had examined the official records of Santa Clara County and that the total assessed valuation of land within the boundaries of the proposed annexation is $64, 280.00. The assessed value of the Woodward property is $1, 710.00 and the assessed value of the..Permanente Cement Company property in the annexation` area. is $3, 150.00. It was noted that the assessed value of Mr. 3ohnson's property is $2.400.00; however his protest is not considered: to be a legal protest as it was not filed in writing. `Councilman .Evans advised that he feels there has not been enough discussion by the Council on the whole annexation program. The City Manager reviewed the requests made by residents and property owners inthe area some months ago for annexation, and to the studies made of the matter and trips to the area. He; pointed out that other people showed interest and it became important to attempt; to round out the boundaries so that if the area is to'be served by the City in the future, it could be served with the least amount of inconvenience. The City Manageradvised that the staff and council members have given the proposed annexa- tion a great deal of study, and everting meetings have been held with interested people. He stated that it is the responsibility of the Council to determine if this annexation fits into the City's long range plans. He 'advised that the people have been informed that city services would take several years to accomplish and that the cost would be borne by the property owners. He also stated that a study would be made of various ordinances, if the area is annexed, to determine if some of the ordinances are unrealistic for the hills property, and the results of the study would be brought to the Council's attention. The. City Manager also referred to the water _ --� £t tyOXi of �OiA21ii� a rologist at the din ixsdc by S : , ;study_ ,recently which was reviewed at the. lit axid;ta the .xeport oxi thi�`.atucly, : meeting of -,Committee No '1 The -rCity . nagex adieiaed that.'�he ataff feels the entering nto':tY rotection"to the.:ar'ear fir et by t,nented can P zovide fsx e p to be supplemented xriiutual aid agreements with an e ointed out that district, City has :beenort ended with; to ha service latuw Lather County TrafficwaXR rt arid the City is .anxious to able to have the De xm roverne • , i anxious ty to include page Mx1s Road ' ' P et a satisfy Ctory.r_o'ad alignment .into the foothills park g ,. wo osed annexation of Size 'During the discussion of the proposed diminish the oirted,out that the Council can } �oothilla; No:.3> it .was P� per cent. of the area -at this time by not' rrtore than, 5 p - stated that if the Council excludes s a some ,''The City -Manager to round 1 .the area ;now. such action t��"_bestinterestsregretted aof the City 1 of 1 loxlg range ,program ,and'is to otit the boundaries as pr'opos`ed... 1. ,p. motion was made by Mitchell that the ordinance for tiros 1 .- seconded by Mrg'• 1 . approving the annnexation of F�oothl�� oe» s be accepted j reading. A. motion was made by S parcels of Woodward to aiziend tk'ie motion to eliminate the froze the annexation.. When_ it Corcoran,. Dean, cent,: riis3l the. area by more 5 per and. Pexmariexite .Gexzaeht Gaimpa�v was noted that this would d3� the 'amendnnent was witfadxawp'• . questions regarding the - stating that she feels the County should Councilwox�cian C"oxcorga'►n asked The- City 5tatr of Page Mill O e asked the County if they would keep ve the road be£oxe the area is annexed to the itY- impxa . M�,nager`advxsecl�:that he has control of the., road but has not; had. a reply. Councilman Evans felt. that some e o should be studied,' d _regarding; the arinexatioan,pxogxazxx for t xe t ed to area should for a full; ,a;no, .ug.gested hat the matter be. c lrnan�Mxtche'll.;charged, his motion orofir read thata :: d cus`s`ion Coup rovyrig. the axireacatior. be accepted 1 • The Motion was the' t at b e app odor. ny Lan Coscoar-an moved to amend the m and:t�,a,t'the rs,a,ttex ;be zefexred�,to Committee - o. seconded. a Woolvvoxr annexation area. Woodward -property from the proposed excluding the � ens. The motion. to accept the second. to the a.rriendxri Committee th 1 There, was no,.; , and refer the matter to Coxrzm ordinance for first readA g 'was their carried. A�atexr,ept of,�]'uis-ante r the for a hearing on the order. of T}tls was the iixxie: California `. that the owner- o£ the' buildin at 556 appear. and' 1Z, Bloc'i 46,, College x e:rra-e, tialdlrig In�pectar: 11.. tiiblic .; and a e> on Lots a, t Should be condemned as a p rah said 1744ain� r not be c ructipg said busld and ehc?w cause Y a,zuisaarice. ,and saYd nuaas.ance".be ataated by ; iugsox by :e�cn°" ng therxa ,attorney. e ector. was sworn by the City The $v,slding Zxs. p hs,s report on:'the condition of the be repaired. buildings, odvising: andh s his : pi t his ;opinion axeithex of. the buildings c that.in , lets demolition.. 1, tor .rected without comp -, . mss.. _....�... ,;.t • No :r epresentative 'was ;present to, speak for the owner, Yale Associates. The hearing was closed. :: Resoiutaon';No,; 3-116;, declaringsaid buildings a nuisance;> and directing the owner to abate `same, was introduced, and on motion of,Mitc:hell and B xbee, was adopted by unanimous: vote on _c roll ' all.._ 1 Letter ; from. Committee for Annexation of. Foothills N A' letter wasreceived. from John D. Gill. Chairman of the Committee .for Annexation of Foothills No. 2, extending apprecxa txon for the cooperation of the Council and City Staff members in the recent campaign for the annexation of this area to the. City. A letter was received `from Donald K. Currlin, ,Manager - Counsel of the`;Santa Clara County Flood Control and Water Conserva- aion District, concerning the meeting to be held by the Board :of Supervisors --2-400',P..-M. on ,June 29, 1959, in the Hearing` Rogan: of - the, the"=Civic ,Center"in"San Jose, to discuss the question: - "How,: or in What ; manner, can the' eater agencies of the County be coordinated: or consolidated'to Accomplish a unified. program: ? " They requested' that ;a representative attendthe _meeting to express the views of the City :of :Palo Alto The ,City'Manager was asked to arrange for a member "o the 'City Staff to attend the meeting as an observer. A notice was received of a meeting to be held in Mountain,: Vxewat_the Fire Station Assexnb.ly Hall on Villa and Franklin'', Streets, at: 2.00 F M on ::June` 25, 1959,.. at which alter ate: plans.... `for the proposed San>,Antonio Road^ Grade Separation will be presented.,- It -was suggested that the City Manager arrange for :.'a representative to attend_.. this meeting: tituai -Aid Fire A r'eerrient with Mountain View s.The CityManager presented a proposed agreement with the City of Mountain View' for day-to-day mutual aid in fire; protection: Ozi~motion-of Bishop and Woodward, and by unanimous vote :on roll call, the City Manager was authorized to sign this ,:agreement' for' the City A proposed ordinance naming the Bayshore frontage roads` as ;"Eas"t Bayshore Road" and "West Bayshore Road", and naming "Fabian Way", was accepted for first reading. 'Removal of Buiiding at 632 San Antonio Road The -City Manager reported that no bids were received when the advertisement was made for the sale of building or building materials Of ,condemned buildings at .632: San Antonio Road. It was moved by Byxbee, seconded by Mitchell, .and -. carr.ed that the: staff. be instructed to have the buildings demolished and charges the cost to the, owner of the property. Thepreliminary ;budget for. 1959-60 was submitted by the, ity Manager and referred to ;CornxnitteeNo. 3. was announced that Comrnittee'No. 3 will consider the:; budget at a'meeting to be held on June 29, 1959, at 7:30 P.M iS `ecial Meeting. .iulys 6 1195 Councilman Cresap, Chairman of Committee No. 3 reported;that _a nuxsiber of. council members will be in attendance ,ut the annual conference of. thetJnited;States Conference of Mayors on July 13, 1.959; and £or thite reason Coxnrnittee No. 3 has. recoxnrnended.that the Mayor be ;asked. to, call a special meeting. of the Council to be held on 'Monday, July 6, 1959, at 7:30 P, M, , fors the purpose `of "reorganization of the Council, election of Mayor and Vice`,Mayer, and for the public hearing on the proposed budget for. 1959-60, . and for :the transaction of any other business which' may be -Set forth .n the 'call of the meeting. On Motion of Gresep and Byxbee, the recommendation for a spec'ial Meting' on July 6, 1959, was adopted. Project 58-1, Various Cit". Streets A report wasreceived from. Committee No. 1 recommend- ing that proceedings; be initiated for Improvement Project No. 58-1, various city: streets, and that the staff be authorized to hire an appraiser for the project; On motionof Woodward and Mitchell, this recomxnendation'was adopted. ,; Ameridtnents to Plurnbing• Code A report was received from Committee No. 1 recomrnend- ing the adoption`of ,an ,ordinance -amending Sectioiz 203 of the Uniform Plumbing Code 'pertaining , to use of copper tubing. and Section 1103 :relating to.hause sewer 'materials. The proposed ordinance was accepted far :first reading Taxicab Ordinance` Ari endrzient A report was submitted by Committee No. 3 recommend- ,'ing acceptance Lear, first reading of a. proposed ordinance amending Article 11:;of Codified Ordinance No,. .5 to provide for the issuance' 'of Cert,ficates,of Publli Conwen ence and` Necessity for operation .of a taxicab''businee's. Motion of Cresap; and Rodgers, the proposed ordinance amending Article 11 'Wee, a.ceeptcd for first reading. xenon P Ys c postponed until.Lor►� Glraxf e � the Council heel . P the applicant, of the At the request °f . 'recommendation Harmon Pontiac, consideration of the recomm meeting of the application. of s a head- quarters this :m denial for use incon Gohange -ion for _ 1 to P -C P a£ theRanchosa e d planning of district from R of a portion on the Inc. fax a"ff C a_, truck terminal. o located '_office and acre parcel Y hate and ColoxadO. quartc'r s ' uito � being the 11.86 shore Highway with the de westerly corner ihtersectian of Bayincompatiblehway traffic, corner the the usage would be $ of truck wiestezlY proposed create problem -Avenue. since and would adjoining residential area noise, dust, etc. applicant were' reviewed .and plans of the app application . Baker, xEpresex�tat�oe©ses to The. ff 1V r . J. D • which proposes Officer. Freight, Inc.. asked the by the PlanningNe :'. Fast k roved, have he an�..l`levada Ca1�£athezone change is approved, they dreg o i£ the ittee , ,stating oGcupY the; property to cosrir' like to present. Council to refer the; matter which' they would a changes in their plane the matter was saxri and Marshall, of the changes in enthal, view ;motion aanf Catmnission in k to the Planet ,Tina,:�£a of 'tract Commission , from. the Planning Com. by A7epot was received map as presented • Rubdivisi f "Lots 80 through r°v,a o£ the final portion endn ng approval. 2396, p recoxn?� for Tract Na. Eichler Hanzes _ - '=�sub�ect to: subdivision, in red and providing. Wooster shown easements as c the red a d required • Ga anting outside q ents �addi�ona.'. easements ���.. drainage • fox utilities- and -s,tor tbe,standaxd -of five feet, from a' -reduction ri©r streets. b�,PQzz;r�xtt;x�g; do the interior front yard. setba�?t s•'Ot. arid ten..{not sideyasd: $e;'nacks . c`) Alternating is no l,xdcedure wised that there e21d�a, . Offacex ad � e of setbacks as recoxxam the ei a bli sin Fzep men by the change ,.flex is being sign urns ed rdin nc,e r e�; regulating them Commas at this fitted to the Planning proposed eyand i = e bht a p and will b e submitted the Cs. . AttoxnE`I:: d,,ctlbn: of A,Ye�l:t and Gd,incxl fox one final ma? �chee, R' 3i,17,,ap?Pe�'ving'.: and f3Y ;�;esi�lrsiao�. �°. otior. of L�.itchell resent. on. members % �Iltroduced' and , council zxl. y� was all was absent 'for, w eido „ ous voce of --. was taken and. the Cs s ophdl fie b forri oil, call >�.ad le£t�befoxethis x {Gresag eeti2�g � ;rest °f the Co., lt}�5 'Forest Ave • y ourita`a. C:anstxucti Commissioa Vaz�ance, m the planriin.g Harris be received from. A report was that the fie appeal of `A:lsext Administrator mending the Goring ousey by', ov decision of a y to allow un,an.i2n the . Company P a ,thereby, aw nCe.l :Y. Construction. C: m where to�ou:xitax� x feet �' he, � yard setback za° of a dwells n : front in g dwelling:with a:, front O£ a referred pans No X39 b My 1, 1 50;.feet ,are otherwise`required, at 1025 Forest Avenue, being -,a portion of the Ashby Tract, Neel Subdivision, Zone District .R.-1. The Conimission reported that,it subsequently decided to consider the :subject oesetbacke on an ,overall basis in the immediate future. A letter was received ':from Currie, Lebsack Hannig attorney a:far 'the Your'itarf Construction Company, asking:perm,ission to make a. pre:eentation at,this time. ..Mr, Currie addressed the Couxtc�l, :;pointing out that' the. lot in question is 55 x 110 feet; that they are wi'iUng to set:the building back 30 .feet.although the plans they have prepared.; :`provide for, a 24, -foot; setback. He advised that they are anxious to get started' on the building and -do not wish to: delay it s nti.1: the Planning •Corrxnaiiision, has studied the setback ordin•ance. The Chairman of the 'Planning Commission.pointed out. at one piece .af property in the block has a 20 -foot' setback and: raumber -of the: residences are .set back 50 feet,• that both of these setbacks are unrealistic. • He advised that the'Cornmission will coazeider the :-q aestion of setbacks at their meeting of July 8, 1959: It;was asioved by,Rodgers, seconded by Evans, that: a variance be granted. to Your.itan :C.onstruction..Company ;to, allow a. front. • yard setback;of 30 =feet Byxbee moved to amend the motion to. permit a front yard :setback of 24f feet:,on the property in question.. The r-. amendment was seconded by:Stephens .arid carried. The rnotion=,as arnen'dedwas`then carried V anc Charles Unger 365;1 d�rind- Street A report was submitted by the .Planning Commission U anirn ously r_ecoinmend ng that the decision. of the. Zoning Administrator be':upheld,in.: approving the application of Charles Unger for -a Variance to allow ;location: of a dwelling with sideyards of 5 feet where 6 feet.are otherwise:required, at 3651 Orinda Street, being _a ,portion of Lots 19 and 39, Block 10, .Bartley Tract, Zone District R-1. • •On'motion dtMitchelland Marshall, the recommendation of the Planning COmMiaeton" was adopted. Amendment to Zoning.Ordinance A`r,eport was received from the Planning Commission unanimous) r, reaaminending" the`;amendrnent of Sections 11A. 14, 11B 14:and'1.1C `14 of tie Zoning Ordinance pertaining to building height linut'for the; C 2 GFS, C-Z:GSC, and C-2:GM districts. to read:' "Thr:ee stories but not'. to exceed 35 feet" instead of "Two tories but not to exceed"30.-'feet". A pro -Posed .ordinance :"amending Sections 11A. 14, 11B.14 and 11C,14 of t1ie:Zoning Ordinance: was accepted for first reading. Stanford Annexation: No::; 7 _ Ordinance No. 18.56,, approving the annexation of certain. uninhabited territory designated as "Stanford Uriversity Annexation No 7" was given second reading,, 'and on motion of Mitchell, duly seconded,was adopted by unanimous vote on roll call. 1 in Amendment'to Ordieamees re;: Kee n ; of Bees an:d Mdre als Ordinance No. 1857, araendingSectioin 18.43 of Codified Ordinance No: : -5 regulating the keeping of bees; and repealing Sections 18.09 and 18.1.0 regarding the herding and keeping of, ,certain animals,was, given second reading, and anmotion of Mitchell, duly seconded,' was; adopted by unanimous vote on roll call. "' Assessment Roll for 1959-60 A report was receivedfrom the City Assessor submitting; the Assessment .oll: for the fiscal year 1959-.60 for the purpose :of' equalization. The City Clerk was directed- to publish a notice, that the -;Council ::will meet as a Board of Equalization at 7:30 P.M. on July 27, 19'59. Claim for Damages (Arthur Cameron) A. report was received from the City Attorney concerning the claim of Arthur :Cameron in the sum of $17.00 for asserted damages resulting from tree -spraying. He advised that while city crews did spray in the vicinity, the Cameron car was moved by Mrs. Cameron before the spraying was done and none of the materials reached it. On motion of Byxbee and Woodward, the City Attorney's report was accepted and the claim denied. Settlement of She and Case ' 11.en1wer1EIMIAr A report was. submitted by the City Attorney concerning the case of Shepard et al vs. City of Palo Alto, involving a gas explosion at. 2825. Greer Road on November_ 24, 1956. He advised that he had arrived at, a settlementfigure with the claimants and their attorney in;the amount of $2160.00. for pereonal injuries and $969.48 for property damage,- or a.total of $1,129.48; that he" believed this to be a fair settlement of the City's possible liability'.: and recommended. that he be authorized to settle the litigation ` for this amount. It was moved by Mitchel,. seconded and carriedby unanimous vote an roll call, that the City. Attorney be authorized: to settle the case of Shepard et a]. vs. the City of Palo Alto for the sun". of $3,129,.48. Pro ect .52-13" , Acguisition'of Seale Estate Property .�tAIAAII AmpIAI��1AAi AAR AAAAAAAAARA7l�Al9A-0 axaa®Ys . report: was received from the City Attorney advising that the T9ruttees'of the Seale'Estate-'have,requested' an extension of time, to plead in the condemnation action, until:'after a -decision has been .'had izr.;:the' Lowe` litigation; that they are desirous of settling the niatiere The City Attorney stated that a decision in the Lowe. case is not likely to be'made; before the middle- of August. He advised` that he could ;see no -.:reason why the extension of: time: could not be given; unless the .Council desires the quickest possible trial of the ;condernnns,- tier action;". On. 'notion -of Byxbee and Rodgers, the request of the Trustees "of the Seale Estate for extension of time was granted. 107 Su t A ainst Karl M. Wilson A report was received from -the City Attorney advising that Karl M. and LaVerda M. Wilson;'_ developer,e of Tract No. 1634, ' Garland; Manor, hive never .completed `the improvements required by the subdivision agreement entered into on November 23, 1955, He requested -authority to file suit against; Mr.- Wilson and Ms bonding company; the United Pacific Insurance Company, for the cost of the work to be completed by the City. Onrnotion-of Byxbee and Marshall, the City Attorney was authorized tO.. file such suit.. On ' motion of Mitchell and Marshall, and by unanimous_ -vote on roll' call.; the' :C.ontroller was authorized to make the necessary. 'transfers within; and between departmental budgets, to transfer utility fundbalances to the General Fund and; make necessary journal - ,entries to close :accounts for the fiscal year, and to transfer additional funds to reserves. feted-Pro:ecta. Rea •r or'ia,tion of Funds I.twas' Moved by: ;Mi'tchell, Seconded by Marshall ' and; carried by unanimous vote on :roll call, that uncompleted projects for which:appropri,ations Were Made ux. the 1.95.8-59 budget b approved for completion; that:the new budget include a reappr:opriation of funds neededto,,complete, such projects;, and that the Council• authorize the continuation :of.thework and the., expenditure of funds for these ;projects duringthe period from the expiration of the current budget .to':the adoption` of the nevi budget. ,,Loan to Hospital Bond Fund 'C ouncilxnan.Mitchell, Chairman of Committee 1 '0: 4, transmitted request ; rorn the Gontroller'for authorization to. transfer; $85;0:00.00 from, the -Unappropriated Reserve to the. Hospitat. Bond .Fund of;1955, as a loan `i.n order to close the books -:for; s:the ; fiscal year;without;a'deficit in the fund used to pay the cost of, the' -Hospital bonds He advised,that upon closing of the Hospital books, and settlement of the fiscal, interests, the loan will be repaid to the "Unappro.priated'Reserve from monies expected to • accrue to the interest of- the City. On motion of ,Mitchell -and Rodgers, the transfer of $85,.000 00 from the', Unapprcipria,ted Reserve to the Hospital Bond Fund of 1955, . as a' loan, 'was authorized by unanimous vote on roll calla R acernent for Councilman Cress The Mayor reported '. that he has asked the chairmen of the three standing committees and the Vice Mayor to consider a replacement for Councilman Cresap who has announced that he intends to submit his resignation in July as he is going to Brazil for a year. The Mayor suggested that the committee chairmen and the • or serve as. a'steering group and, reportto the whole Several council,ittembers expressed the feeling that the matter be considered by the. Council'; as a;Corrimittee.of� the ,Whole ;ao that 41 Meenbers : Vrouid have an opportunity to submit nominations. After- discussion, it was moved by Byxbee, seconded -by Rod7era.,; and carried that' the 'selection -of Councilman Cresap's. replacement be considered in Cou mittee: of the Whole, in a::clo8ed -meeting, so; as to avoid' embarraoaxrien,t'to people whose names . are submitted for consideration.: Mr. Mr. Join W. Bodley spoke to the .Council at this time. concerning,Senate Bill; No 1093`relating:to Alcoholic ]Beverages, which` would permit restaurants to sell liquor Within one and one-half xnil,es of,`a:-university .cainpus , . He asked the council to recommend to Governor Brown that he Vita' this legislation which has been passed by the Senate and. ..Assembly. Attention was called to the fact that a previous request' urging the Cou cil to oppose this bill was referred to Committee No. 3; and`had been tabled by the corthnittee. .On motion of Marshall .and Mrs. 'Carc'oran, the matter was removed from the :able. It was then moved, by 'Mrs. Corcoran, seconded and carr.ied:that the Council recommend to the Governor that he veto Senate Bill No.' 1093. Plaques to. Retiring Council Members The Mayorpresented plaques to Councilwoman Mildred Corcoran and Councilznan Karl:Ruppenthal, conunending them for their services to thecommunity' during their term on the City Council, which, expires on June 30, 1959... There being no -further business, the meeting was declared adjourned at 9:50 P.M. Mayor