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HomeMy WebLinkAbout09281959172 City Hall, Palo Alto, California September 28, 1959 The Council of the City of Palo Alto met in regular session on this:. date .at' -7:30 P.M., with Vice Mayor Evans presiding.. Roll call a;s follows r Present: Byxbee Davis, Evans, Giffin, Haight, Marshall,; Mitchell, Navis, Rodgers, Stephens, Woodward, Zweng. Absent Bishop Porter. Appointment' of Counc i Member rrrr�arrw A report was:received from the Committee of the Whole recoxnmending the appointment of Adrnsral John Ball as a member, of the Council to fill the vacancy caused by the resignation of Dean R. Cresap,:. for :the -term ending June 30, 1961. On motion of. Zweng and Navis;, the -recommendation was adopted and Admiral Bali was duly appointed as .a member of the City Council. At this time Admiral. Bali subscribed to the required oath. of office and loyalty oath, and took his seat on the Council.. Approval; of Minutes a��rR.�rar�,n�,rweror.- The <<minutes of the meeting of September 14, 1959 were approved as: distributed. Taide ab Ordinance Amendment A letter .was received from W. B. Prine, General Manager of the Yellow Cab Company, requesting • the Council to hold a rehearing on the proposed ordinance amending Article 11 of Codified Ordinance No:. 5 to provide for Certificates of Public Convenience and Necessity for the operation of taxicabs, and that all interested parties be notified of the rehearing. At the time this ordinance was presented for :final passage on July 27, 1959, it failed to receive the required number of votes. The City Attorney advised that since the ordinance had, been defeated, it would have to be re -introduced before it could be reconsidered. It was moved by Navis, seconded by Rodgers, that the matter be ,reconsidered, that an ordinance amending Article 11 of Codified Ordinance No. 5 regulating taxicabs be accepted for first reading, and that .a, rehearing on the proposed ordinance be heldat the next regular meeting of the Council on October 12, 1959. The motion was carried, and it was directed that taxic'b compark es operating in Palo Alto be notified. San Antonio Road Improvement A letter was received from John N. Allan, President of the Greendell Homeowners Association, requesting that plans for the improvementof Antonio :I&oad include a chain link barrier between the frontage road. and:San Antonio Road, with only'oneaccess to San Antonio (load to replace Dake, Mackay and: Ferne Avenues,;, and,a planting barrierof sufficient size and density to serve as a dust, noise and. Sight 'screen between residences and San Antonio'. Road. The -City ;Manager commented that the Council has previously authorized .the -Engineering Department to proceed with design plans for, the widening and improvement of San Antonio Road, which call for an island between the frontage road and San Antonio that it would be up to the Council to determinewhether a fence or barrier should be erected. It•was moved. by Byxbee, seconded by Marshall, and carried that -the letter be referred to the staff for consideration: of the ideas and suggestions expressed, in connection with the prepara- tion of plans for the project. Willow -Sand Hill Road Acommunication was received from J. P. Sinclair, Assistant State Highway Engineer, relative to the proposed inclusion of the Willow.-Sand`Hill Road in; the California Freeway and Expressway System, pointing out the need. for` cooperative planning in the problems, affecting land uses which could affect the location of the routing, and requesting that all. plans for newsubdivisions, rezonings or other physical planning matters along the general study area of Willow - Sand Hill Roads be.:referred to his office for study and comment. The. City Manager advised that the Planning Officer; and City Engineer have -been informed of the request and will work with Mr. Sinclair as he has suggested.: East Palo: Alto Annexation • ..,�.-. A letter. was received from the Chamber of Commerce of East Palo Alto :requesting an opportunity to meet with the Council for consideration of the possible annexation of East Palo Alto to the City of Palo Alto, of a movement to alter the San Mateo -Santa Clara, Counties boundary line is :successful. On -motion of Navis and Zweng, this was referred to Committee No; 3 De t artmen t. A communication was received from Mrs. Alice Silberlin President of the Garden Club of Palo Alto, requesting consideration;:, of formation of a: Park. and Landscaping Department. A motion was made by Zweng, seconded by Davis, that the matter be referred to Committee No. 2. Councilman Byxbee-, commented that': the proposal merits review and considerationbut stated thatleis concerned with the matter of cost; that to set up S. separate administrative "department would obviously i=ncrease the costs of operation, and..affect the :tax rate. As the matter involved: organization and: finance, Mr. f3yxbee felt it should- be referred to Committee No. 3'. The Vice Mayor agreed that at this time the appropriate committee to consider the proposal would be Committee Aeleigt No. 3 and declaredthe previous motion out of order. On motion 'of, Marshall and Rodgers, the request of the Garden Club was referred to -`Committee No. 3. PG&E`A reeznent to Ali uire Electric Facilities err The City Manager presented an agreementwith the Pacific Gas and Electric Company for acquisition by the City of electric distribution facilities in the Baychore-Embarcadero annexation areas. He reported that the acquisition price is $15,473.00 plus sales tax of $618.92, and'is in accordance with the formula established by the Public .Utilities Comm ssion A resolution approving the agreement and authorizing its execution by the Mayor was introduced, and or, motion of. Mitchell and Navis, was adopted by unanimous: vote on roll call. C o znrn er:c i a l Officer MmilIMMIOIMOr A The : City :Manager .reported that he is not yet ready to make a reconnmendation for' the appointment of a Commercial Officer to replace. Alfred J. ;Mitchell• who:. becomes City Controller on ;October 1, 1959,. as interviews for the position of: Commercial Officer have not been completed. Retention: of'Mr'. Moore £or'<Special Work.. The':City'Ma.nager. advised that it would be helpful to • retain Maurice Moore; who'.: retires: as Controller on October 1, 195 for a;.few weeks, on 'the„city staff to assist in the turn -over in the Hospital record. and,;accourts to the new Palo Alto -Stanford Hospital • Center because: of hi:s'knowledge and; understanding of the'various4 agreements between Stanford,_ the City and, the Hospital Board for. the construction •and operation' of. the Hospital Center.. The -City . Manager r.ecomnr ended that; :Mr,, Moore be retained for this particular purpose, at his present salary, for two weeks or longer , i£ necessary, stating that.,.he would report further at the next. meeting if Mr. Moores" services would be required after that time. It was moved by Navis, . seconded by Byxbee, and carried that, Mr Moorebe. retained for a few weeks for the purpose as recommended by the City Manager. This motion was passed by un,anirnous- vote on roll call., jx.eat L;ia�nat: ois Arastradero=Road A recoxnniendation was made by the City Manager for an amendinentto-the city ordinances to reduce the speed limit on Arastradero Road'from El Camino Real westerly to Junipero Serra_ Boulevard;from 35 to 25 miles per hour. He advised that it was' considered advisable, to reduce. the speed limit in that area for the protection of students attending'the Terraan Junior High. School and the Loma' Vista:: Elementary"School • •Ordinance .No. 1884, amending Section 19.151 of Codified Ordinance No .5 to`establish a speed limit of 25 miles per hour on, Arastradero Road froni El ,Camino Real to Juni pero Serra Boulevard,. was introduced, and on motion of Navis and Davis, was adopted as an emergency 'ordinance by unanimous vote on roll call. A similar ordinance in regular fcrarA, without -,the emergency provision, was introduced and on motion of Mit• chell, duly seconded;; wag accepted for first'reading. Retest to Alter Frame %Bui1dir� , 200 Horsier Avenue A report was received from Conxmittee No. 1;reconiznend- ing that the request of Harry B. Sturgeon for permission to make alterations toelle front of the building at 200 I-Ioxner Avenue be denied. On, motion of 'Woodward anal Mitchell, the recommendation was: adipte a 2990, 3040' and 3060' Middlefield; A report was received from Committee No. 1 recommend ing for first readingthe' proposed ordinance as recommended by the ; Planning Cornn issjon for the :rezoning" of the properties at 2990, 304•0 and:3060;.Middlefield.Road from A -R. to; R -3:G and R -I';.' The,:;: conaxnittee further, reconirriended approvalof the general subdivision and street::,pattern as recommended by the Planning`Cenrmissi,on, and that -the. staff be' instructed to draw up a preliminary program for aseessment dietrsct proceedings for the development of the.atreet pattern, allocating the cost to the entire area benefitted by the. development of -the. street, .and review the program with the owners of the properti involved to,'determiine if it is acceptable to thern. A motion was made byWoodward, seconded by. Mitchell, that the proposed ordinance rezoning the property. from A -R to R -3:G and R-1 be accepted for first reading. Mr. Andrew M. Spears, attorney representing Mr.. Burton Blackwell, owner of the xnaaor portion of the property proposed to be rezoned, addressed the Council. He stated that Mr. Blackwell does not wish to give up part of his landfor the proposed street which will be of no -benefit; to him; and objects to paying the cost of the street improven-ents: however, he was willing to accept the street pattern if his property: is rezoned R -3-P. After discussion and review of the proposed zoning and street pattern, it was moved by Rodgers, seconded by Marahall, that an ordinance be accepted for first reading rezoning the Blackwell, Leonetti and Bliss properties at 2990, 3040 and. 3060 Middlefield Road from AaR to .R -3-P It was moved by Nevis, seconded by Woodward, that the matter be referred back to the Planning: Commission as this is a new proposal. Upon being asked to comment, Mrs.. Philip Towle, Chairman of the Planning Cor unaission, advised that the Commission feels that the street is imperative but that they had never considered the possibility of zoning the property as R -3-P. It was moved by Mitchell as an amendment to the previous motion that an ordinance rezoning the properties in question to R -3-P be accepted for first "reading and be referred to the Planning Commission for consideration and report. The a.rnendrnent was seconded by..Zweng and carried. The motion as amended was then carried. A motion was..made by Woodward that the Council accept the general .aubdivf`sioi, plan:',and street pattern as submitted by the. Planning Commission,; and'that the staff be instructed to prepare a • — - ms s._..__ prelinninar y pro tarn for asseasinent district proceedings for the development of the :Street pattern. After:; more discussion, it was agreed -to deter action pending a further report from the Plannin Conixnissxon regarding the zoning of the property., g Aznendrnent 10-P1un�►bin Code A report was submittedby Coxnraittee No. 1 recommend- : ing`-approval Of an..amendrnent.to Section 1163 of the Plumbing:Code pertaining to House Sewer. Materials, to provide that the house sewer: beginning two'feet fro* any building or structure, shalt be of such n'rxaterials' aik P y be approved roved by the Administrative Authority under the approval procedures set forth in Chapter 2 of the Code. Ordinance No. 1885, amending Section 1103 of the Plumbing. Code, was given second reading, and e. motion was :made by Woodward, seconded by Marshall, that the ordinance be adopted. Mr. C. W. Stinnett, Executive Manager of the Associated. Plumbing Contractors of Santa Clara. County, spoke ,in opposition to the ordinance and to. the: use' of bituminous fibre . pipe which it was understoodwould be an.approved material for house sewers if the arnendn. ent, is adopted., . Mr. Frank the- Council - Crist, Jr ,. also spoke: to representing plurnbers who oppose the use of such pipe. Mr. W. 'T. Neikirk addressed the Council favoring the use of: bituminous fibre pipe and showed a sample of the material. Mr., Pat Maloney of Line Material Industries, manufacturers of the material, spoke ,in favor i of it and -advised that the Western Pluinbin Officials Association had approved this material. g • reprecentative of Cast -.Iron Soxl;Pipe Institute, showed a piece of bituminous, pipe which ,had been ue.ed for several years at 416 Avenue in Palo Alto,, showing a blister and bend in the pipe which lege •brad to: be replaced.. Mr. A.Dxefendorf, Consulting Engineer for the Orngeburg° Man�acturin t gapee "supplied g ,Company, manufacturers. of bituminous Pplied inforrnatxon,.on costs of the material which. 3,ndicated,that this type ,of.pipe costs about one-third as n uch as cast iron pipe. - After discussion, the ordinance amending Section. 1103. of the Pluxxibing Code was adopted by the following vote on roil: call:' Ayes: Ball, Davis, Giffin, Haight, Navis, Stephens, Marshall, Mitchell, s Rodgers, Stephens, Woodward. Zweng. Ameridrxaent. to Article 33 ofz, Codified Ordinance-;Nc 5 re. Streets a.nd Sidewalks A. reportt was received from Committee No. 1 recommend-. xng adoption of the proposed ordinance annendxng Article 33 of Codified Ordinaxice`NO, ;5 pertaining to Streets and Sidewalks, -to regulate, and 'control cuts' in streets curbs and sidewalks,: for utilities and other ;purposes. Ordinance No. 1886' amending Article 33 of Codified" Ordinance No. 5 was given second, reading, and on motion of : Woodward and Na,vi-s, was adopted by unanimous vote on roll call. Aigke 177 .._"Y.--.�.- L.__..�..!— ::i. _...1..�_-»..G. R. - �t•-='L•i�G'.'.'.q.Y.�:J."GP^CI•,.m+.._._....: _._Z....__y�s., L:.. _.....�s'..'+-:.SVA-W,L.'�G2'.^.1+..: ."::. :'�.�..,. _ Sys Gu n La d�Fulton at A report, was received from Committee No, 1 recoxnmend- ing that top signs be installed on. Goinda Street at its intersection with Lincoln: Avenue, ; stopping Guinda for Lincoln. Resolution No. 3136 amending Resolution No. 2971 to ;provide ,for atop; signs 'on, Guinda at Lincoln was introduced, and -a motion was made.by'Woodward, seconded by Navis, that the resolution be adopted. The City Manager -called attention to the fact thatthis • action would' leave only one. unprotected intersection on Lincoln` Avenue between University Avenue and Middlefield Road, and :. suggested that:: if Guinda is going -to ' be stopped for Lincoln, that Fulton Street :also be stopped at Lincoln. It was imoved by liavi:s, seconded by Mitchell, and i . carried that the resolution be amended by including provision for stop,: signs on Fulton: Street at its intersection with Lincoln Avenue. Resolution No. 3136 as thus amended was then adopted by unanimous vote,On roll call. And Lincoln A."report'was "subroitted by, Committee No. 1 recommend- ing that the stop signs on University Avenue at. Lincoln Avenue be removed, in accordance with the recommendation of De JLeuw, Cather k Company in their report, ; Resolution No, 3137 Unending Resolution No. 2971 to' eliminate the :stop signs on, University Avenue at its intersection with°Lanroln. Avenue was introduced, and on motion of Woodward and:Rodgers, .was ,a opted by: unanimous vote on roll call. San Antonio old Grade Se ration A report, vas received frorn . Committee No. 1 advising that; after, consider.atioxi of th:e1?e Leuw, Cather report on the proposed San; .Antonio Road Grade Separation and the letter of August 26' 1:959;£ro ti the City of Mountain View on this .subject, the committee recommends that the Council maintain, its position as stated in -tlie minutes of .the July 27, 1959 Council meeting, and continue its efforts'to support. Mountain View in the County program for. allonation;of -funds for acquisition of "Land for the grade separa- tion proj"ect', On motion of Woodward and Byxbee, the recommendation was adopted. Restricted. Pa"r3cirag on Encina Avenue A -report was ,received from Committee No. 2 recommend- ing that the proposed resolution restricting parking on Encina Avenue be not adopted. The committee further recommended that the matter be reviewed in six months and that the Shako Corporation be requested to submit a report within six months as to what progress they have Made, to secure more off-street parking for their employees. After ;discussion, at .was moved by Rodgers,. seconded by: .Zweng;, and: -carried by uxianimous vote on roll call that the resole-: :don restricti g`: park ng on Encina Avenue be not adopted, but that' tite>,rziatter be reviewed:m six rnonths,as recommended by the' committee,, and that .Sha co'Corporaticn. be asked to submit a report; v. thin; that .per od as• recoxzixxxe. ded. Sattrda- : Parking (Bad.. eat• Meter s) . Areport _was su,brnx'tted by Committee No. 2 recorxxrrend;- ing that the _Ccitinczl gran tthe . equest of Downtown Palo Alto,: Inc. -. for :per.mi,s sxon, to puY;_ba.gs on 'meters on all parking lots in the down, town-areas::on. Saxe days, to-pc.b2,xt:ize free parking. Ix was znoved by.°Na,vis, seconded and carried that,:the request be -granted ti rriunit ace by Boy Scouts A r p1ort was eceiv�ed�; from Committee No. 2 recommend- ing that the, sta.f1'be autho'rized to; present to the executor of the Stern E;otate the reed ,;for additional space to handle the expanded;. program necessary to meet the.,g::`: owth oft he Scout units and activities, to see if the Estate would be interested i.x:-Lidir..g the Scouts in a solution of the problem, and that :1,o expansion of .administrative use.be: made of the present area. assi:gr.edto t"he: Boy Scouts at the Community Center other than tl:;e rneetirg ,pu poses .for which it is now being used, 'pend- ing exploration of„a-passible.solittion to the problem with the repx"esentatxve-::of t1tF:`Ster.z;, Esta.?'F:. T.t was announced that a letter was received late today_ from Duncan B.. M.a.cDot'iil'd, President of the Stanford Area Cou:i.ci1" of Boy Scouts, quoting a resolution passed by the Executive Board. endorbi.ng the action of Committee No. 2, and commenting on the re sponsibilxtzes of the St:n.ford Ares. Council and the problemo,f providing a,dzninistrative services with adequate space for the growing organization. On motion of Rodgers and Zweng, the recommendation. of Cornmittee No. 2 was:adopted. Amendment. to' Zoning Ordinance- {Section 21.02) A. report wa.s submitted by Committee No. 2 recommend- i.zxg adoption. of thae proposed ord.r.a' C e as rc <.omrnended by the 'Pl.a.rr_xrg,Comn1s9Or pe -t•+:inxnj„ t,c> 1>d"kt):.g :.:equxrements in industrial districts; aeing ar. to Sectaan 2'i .02 of the Zoning Orcb.YA .nce ,6 7' ?.t->.s,t Cnt? p:i"kl rg .mace for each two er1p,oyees or. one 'space pe; 2 i1 sq , ft, of fio.'i area, whichever is greater. Or.cl r �r}r.t No 1h;i'i amnendtrg Section 21.02 (h) (6) of the Zoning Ordatv,.',cc w gtvr-,% set on.d reading, and on motion of $yxb<+;,c and , ° w� adopted or .rc>1,1 ca3.il. with 11 Ayes, . �tii��. rsr2�it, Mitcheli.:andStepiaens vnt 'g No. s, Unit N A report was; received from the PL.tnnt.ng Commission recommending: ,pp'roti''-1), ox t'ne te.r.',; r.iv,. subdivisz0r map of Palo Alto Hills, .Unit No. 1, :1ot a.s,c d. Faothrt1, 1-A, us presented by Dan Dana, owner >a.nd sCO) aaw'ider_. si:bject t:o the following conditions: Yi to .i � 9 . 1) Dedication. improvement of -�_ -. ��_ ;ta.stitbdiviriea . street Leon/ Page. Mill 7 of File Altosub . to sta*cdarde approved by the City wad the Town .of Los Altos ' engineer*. � Mlle' city including provision of adequate roadside drainage and erosion control. 2).'Prgysion of right S of way over sacterly 60 feet of Lot 7 t, for accosts to ,its 1msr ezz land. 3T Street aright of way should be -a e�`: easements t0' be granted u>i�'�.ted by addition of extend where cut or fill slopes beyond the right of way iinei is . 4) Dedicatien and improvement of 54.. 3 -fit lasntitl . end , foot atrest► with g walkway easexsne nts lx* frontage of lots in on both sides, through subdivision.. ,3) Subdivt der should provide -City with x.esuts ing to . indicate of engin,1e,r -- meats. quality of existing roadway smbaak.. 6) Provision of : sas euts as shown. 7) Revised lot lutes . AA Shown' in Plan B. 8), C+manbis/attest of Lots 5 and 6 into one lot, -9) That all deed restrictions (one of which will nefbac'kt: by 5 leet):'be xntatde a increase part of the final snap'. The ntaP of thsproposed subdfvisic , which contains about: fourths, . : acres, was reviewed by the p was discussio on the lot sizes: which are one acre. A �.g. Qificea°. There was made that oneehalfacre lots might be considered and was made' suggestion. by Rodgers to :refer the.mapto' Co , a motion e desirability rnszaitteca No.1 to consider th ability of smaller lets., Mr. Dan. Dana, . the owner of: the Property. Council stating that he would like= to have this neap muted, but would t h consideration p ro addressed -the half acre -lots e coiv3;ion of f of the poesibiii approved as sub - t jr of leaving one partit:ulsrl further units of his prglyerty, y where the lots will overlook the adjacent golf courses, T'he 'evioue emotion was withdrawn t Rodger* and Nevis, the 'tentative- neap was approved a on oration of coaditioni ae recoxn:nended by.,the Planning subject to the Carnssa3msiozz, The City Manager advised that the s the, Costac3i"in-tli® agar-. fu r snuff intend tos some - � to the, C to resolve the. .. } a with for an -overall' -study d designed a foothill' r area, problems in, connection with +aa so the development wild h4. ;Me the necessary hat the Council and the Planning prtxexit Wig. Corission, and development y information to assist the :: in the.planning. eat of :the annexed area. Resolutionire Bank Si natures eneeniution No. 3138, ,-authorizing and directing sub- stitution :of "Alfred J; Mitchell, Controller. as the authorized the accounts and safe deposit rental agreement tho'staed merjcan Trust Company,. .3n..:place '.oi.Maurice. H. g ee>neaat with the 1 1 5 ve American of 9 9 was, Moore, to be effective as of a introduced, ant', on motion of Byxbee and Rodgers, • was adoptedby unanimous 'vote on roll call of all council members present. Davis was absent daring this roll call: The Citielbiginiser presented his. Report consisting.. of plans, specifications, *naps and descriptions of lands and easements' to be acquired, estimate of costs, neap showing assessment district boundary, .and diagram and as aes anent, The City Manager reported that it is the recommendation of the staff that the proposed improvement, -of Charleston Road from the Southern'Pacific railroad right -of-way to. El Camino Real be withdrawn from the project, with the intention of including itin the next project`,.+so>_that there might be opportunity to request that -Charleston: Road be included in the major city street program, thus making it -possible to finance the .City's share of the cost from ,gas tax; funds. It was; -moved by Nevis; seconded and carried that Charleston Ro..d.;;be excluded from Project 58-1. Resolution No. -3139, a Resolution of Preliminary Approval of the.'Engineer'e Report, was introduced and on motion of Byxbee and Navin,; was adopted by unaniznous vote on roll call. Resolution No. 3140, a Resolution Requesting Consent, of the Board of Supervisors -of Santa Clara County to Construct Public: irnprov.;ements; and to Provide that the Costs thereof shall be assessed.upon a Special District Pursuant to Special Assessment and Aeesessrnent;Bond .Acts,°. was introduced, and on motion of Byxbee and Navis, was adopted by unanimous voteon roll call, Resolution No. 3141, as Resolution of Intention to Acquire and; Construct Improvements, setting a hearing on the matter for October 26, 1959 at 7:30 P.M., was introduced, and on motion of Marshall and Rodgers, was adopted by unanimous vote on roll call.' Resolution No.; 3142,; a Resolution Calling for Sealed Proposals, . was introduced, and on motion of Marshall and Navis, was adopted by unanimous vote on roll call. p'ro ect 55-5, California Ave.. District Off -Street Parkin A resolution authorizing purchase of bonds in the amount of $77,000 by the City was presented.It was explained that the average interest rate of ;those bonds is 4.087 per cent, the best- rate ::offerexdrwhen bids on the sale -of the bonds were taken in May, 1958; that because of a law suit which was filed on the project., the offer was later withdrawn; that the court action has now been resolved in favor of the City, and -:-the` bonds can be sold. A motion was made by Mitchell, seconded by Marshall, that the resolution authorizing purchase of the bonds by the City be adopted. It was- pointed, outthat the City has often purchased _small bond issues which, are sometimes difficult to sell to private firms.. Councilman Davis moved that: the matter be referred to Coanxnittee No,: 3 to -review and consider whether it is advisable for the City to purchase .such; bonds.. The motion to refer to committee was seconded; by Zweng and. carried. It was reported that the delay in the project due to the litigation has caused an increase in the cost, and that it is necessary provide -for the issuazice of supplemental bonds in the amount of. 21,000:, Resolution: No. 3143 of Preliminary Approval of Estimate of Cost and; of Preliminary Determination andof. Intention to make Changes and Modifications, setting hearing on the proposed modifica- -tione „for '>October, ,.12, ,195? at 7:30;. P.M., was introduced, and on motion of Mitchell and Byxbee, .was, adopted by, unanimous vote on roll call. Amendment to :Administrative Code (Sec. 465) A ,proposed ordinance amending Section 465 of the Administrative Code to change the tax redemption fee from $2.50 to $2.00, was accepted for first .reading. Amendment to=Admriistr:ative Code {Sec. 701) Ordinance: No . 1888, amending Section 701 of the Administrative Code pertaining to the passage of ordinances,was given :second, reading, and on.motion of Mitchell, duly seconded, was';adopted by unanimous vote on roll call. Zone : Change and Development Plan (Harmon Pontiac, Inc. ) �r.dxnance'No 1889, rezoning a 3.77 acre parcel on West Bayshore'Road;between _Colorado Avenue and Amarillo Avenue from R-L:to is -C, andappr'oving: the P -C Development Plan, was given second 'reading, and •on motion of Navis and Mitchell, was adopted by unanimous vote on roll' call A report was made by the City Attorney on the claim filed,; by Thoma.a W `Smith in..the amount of $22.50 for damage to his. auitomobile by tar spray.,. As this occurred on El Camino. Real, a state': highway,: the.City, Attorney advised that the City is not;. responsible and :recommended,:the claim be denied. It was moved. by Byxbee;:; seconded. and carried that the report be accepted and. the claim denied: A report=was also made by the City Attorney on the claim filed by. JohnR..Duggan in the amount of $134. 50 for asserted injury' to his- child during organized play on a school :playground. He advise.d'that there did not appear to have beenany negligence on thepart of the employee of the Recreation Department, and .that in:.any -event the City would; "not be responsible as the activity on _the..playground'was;: being performed by the City` in its governmental ;capacity. .Onmotion of Byxbee. and Navis, they ity`Attorney's report was accepted and the ciairn was denied. • The .Ciity Attorney reported; on tb.e claim filed by Emnia Wise'Kestly it .the sun of $50..00 for asserted damages consisting of cracks in plaster by reason of an explosion when the gas furnace rG� Ft, v� N .fiw 2 was lighted',; "life advised:: that there appeared to be no negligence on the part -of the gas serviceman, and that the city employee. who inspected the "asserted damagereported that in his opinion it was caused by. settling .of a•portion. Hof the house and not by an "explosion'% The City. Attorney recommended denial of the claim. " On motion of Rodgers and Navis, the report was accepted and the claim denied; Roll Call Votes ft: was moved by Rodgers, seconded and carried that the question of combining-: anurnber of -resolutions or ordinances_ in one ', roll call vote be referred to Cotximittee No. 3, with the thought that a' change in the Administrative Code be considered if necessary to permit such procedure. Proposed Metropolitan Count l :The :City Manager called attention to a dinner meeting• ° to be `held -at_ the:Hotel'Claremont -in Berkeley on the eventing of. October 2;- 1959,?,'to.which.representatives'ofthe 81 cities in the nine `Bay Area counties have been invited to consider the possible' formation of a Metropolitan': Council in the Bay Area. The City Manager advised that.ther.e., will be a representative from the administrative staff in'"attendanceat; the meeting, and advised that if the; Council cares to send a representative, the staff will be glad to arrange transportation. American' lyiunic pal Assoc at o;i Confesence The City Manager asked that the Council, at an early. date, name: -its delegates to the annual conference of the Axnerican MunicipalAssociatxon to be;held irr Denver November 28 -December 2, 1959, = 80 tliat the necesary transportation and hotel reservations can'be arranged Administrative Space Needs at Community Center Councilnaan,:Davis referred to the matter of utilization of space. at :t:ie: Community Center, -which he had brought up at a recent` 'cornrnittee meeting,- calling attention to the encroachment of the space over the; -:years by adrnianistrative functions. He noted that the problemrmof the Boy .Scouts Which use space at the. Community. Center` has;:been settled for the: moment,: but that the need for additional ,space for administrative• use is going to be an ever- increasxng. problem, and be proposed that Committee No. 3 look into'the who.e-question, not 'only as it concerns the Boy Scouts but all Cornxnun,ity. Center ;and Recreation Department activities, with :: the thought; of developing. long range plans to preserve the recreation- al character' of the Community" Center buildings and considering the possible-r'emoval' of administrative offices to another location. It Was moved by Davis; seconded and carried that this matter be referred to Committee 'No. 3, with the suggestion that it investigate the; question over the next six :months period. The City Manager advised -that space needs of the Recreation Department admini:str:ation can beConsideredin connection with studies being made for a,''proposed addition to: the City Hall. f4 70" Old Business Councilman, Zweng asked why there 4s no provision on the Council agenda for"OQld Bussiness"" It was pointed out' that the.` Order of ,Business iorr:the agenda- is set forth in . Section, 108 of the 'Adznin. istrative-Code, and:.the item of "Old Business" is not: included;: that ;iuch;Items'ordinarily under 'the heading of. "Old Business" are' handled under ;reports of corzirrittees or the staff • There being no furtherbusiness to come before the Council, the meeting'was:declarfed adjourned at 10:05 P.M. APPROVED: • its -Clerk Vic por ,.�'Y1--�.P��.