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HomeMy WebLinkAbout12141959City Hall, Palo Alto, California December 14, 195.9 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: Present: Ball,;:Bishop, Byxbee, Davis, Evans, Giffin, Marshall, 1V1�tchell; Porter, Rodgers, Stephens,Zwerzg. Woodward. The minutes' of the meeting of November 23, 1959, were approved as distributed. Weed Abatement This.. was the time and place set for a public hearing on Resolution No, 316E declaring weeds to be a nuisance. Notice of. this -hearirg has been given by the Superintendent of Public Works in the timnne, manner and form provided in Article 32A of Codified Ordinance No. 5. It was announced that no written protests have - been received. The _hearingwas declared open. Mr. Alexander Thain addressed the:Council. in protest to the weed abatement procedure. There being. no others who wished to speak, the hearing was declared closed. Resolution; No. 3169 ordering weed n.uzsance abated was introduced, and'on motion: of Mitchell and Giffin, was passed by unanimous vote on roll call. This was the time for hearing on Resolution No. 3158 of intention to make changes .and modifications, the purpose of which is to conform the legal description of the proceedings to the actual work as shown .on the plans, The hearing was declared open. There being no one -to `speak: on the matter, the hearing was closed. Resolution No. '3170 determining convenience and necessity and ordering changes. and modifications was introduced,..; and on motion of(Mitchell and Bishop, was adopted by unanimous roll call vote. A letter was received from property owners on High Street between California and Oregon Avenues appealing to the Council fortsome relief on. their assessments. Mr. H. W. ,tithe,;' 225.1; I-Iigh Street, spoke to the Council in behalf of these property, owners who feel that their assessments are out of line. Mr.' Kenneth Jones of Kirkbride, Wilson,; Har zfeld and Wallace, the City's counsel on these proceedings, reviewed the method of spreading assessments and pointed out that this conformed.' to the standard practice of the City. He presented a written statement conc.erning;:the' high assessments on the High Street properties because the secondary frontage assessment wasspread against only six parcels He advised that there are only three sources of relief from the high rate: (1) The City as a whole making a contribution. (2) Spreading the cost on neighboring areas as part of a larger assessment district, and (3) Spreading_ the cost over the entire assessment district irk Project 58-1. It was pointed out by the;attorney. that it has been the policy for abutting properties ".to be charged for:: such;''irnprovennentsas are to be done on High. Street, axz.d.that:it; would be inequitable to spread the cost of this work cri=er a larger area. After discussion, it was moved by Mitchell, seconded by Ball-,' and -carried by unanimous -vote on roll call, that there be no change it the assessments•far improvements or High Street, It had 'been brought out. it the discussion that the improvements on the southwest' side of High Street. will be paid for by the City., 'A communication vas received from Mr. John L,., Garibaldi, 2351 High, Street, reciue.;ting that the time for cash payment of :his. assessment,.of.$804.55.be'extended to January 15, 1960, as the bill had been turned over- -_to the.; Department: of Veteran Affairs of Californiafo= payment and the additional time would be needed by them Vto process. the, bill through proper channels - It was pointed out by the City Manager that the period, for snaking cash. payments .closes on ,December 15, 1959; that the .tune can riot be extende:d.fo'r>:only one person, and if an extension were granted it' would be recessary for the City to borrow or advance funds. in.or.der,to meet payments to the contractor before the issuance of bonds It was xxioved.,by Byxbee, seconded and carried that, the request _of; Mx- Garibaldi for extension of time be denied. eso1ution No. 3.171, ordering reductionof asses'srnents and, ordering cew`ta n. contributions and advances, Project 58-1, was; introduced,'' and,on motion .;of Mitchell and Bishop, was adopted by unanixnousrvote'on ro11 call. Resoh Lion No: 3172, cancelling Assessments Nos: 117 .: and 130, was introduced, and, 'on, -motion of Mitchell and Bishop, was_ adopted by unan xious`vote On roll call. The parcels involved in these twa. assessments were acquired by the State of Ca1ifor . nia,for public" use prxax::to confz m:atiorA,':of the assess.rzent.. P ect 59 '9, Wes_t.Char 1'eston. Road This was the tune and place fixed fox the first hedxing on the widening and.'improviczg":;of W.est-Charleston. Road from the rail- road to ,E1::Camino.Real "The ,Mayor advised that the purpose of the' hearing -was for the Council. todetermine whether the public convenience and necessity ,in genezal require the proposed acgtnsi- tions and-, irnproverxrents, that Matters relating to the final design and, exact location of the improvements, their precise cost, the properties assessed, and" -the arnounts of the assessments were not before the.,:Couxaczl at this time, a:zci will be taken up at a later hearing tentatively scheduled ,for 3anua,ry 11, 1960. The Mayor stated that any onexntere,sted: nay address the Council on the question of whether 'the public cozivenience and necessity require the proposed acquis: do is :and' improvements, A letter was received from Mrs. G.. W. Monroe, 305 West Charleston Road, asking permission to move the existng_" 6 -foot fence to a new location between the house and the new property line. It was pointed out that the Cityis acquiring '10 feet' of land from Mrs. Monroe's property and the new property line will be only 15 feet from the, house, that the existing fence would then,bein violation of the, building, code:. It was moved, seconded` and: carried that this' rna.tter be referred to Committee No., 1. here -being no,;one ;present who wished to be heard on the question, the hearing was closed. Resolution No 31.73, overruling protests and determin- ing` -to proceed without compliance with the Investigation Act, was, introduced, : and on'motiorL of Mitchell and Byxbee, was adopted by unanimous roll call vote. Resolution No 3174 directing preparation of Engineer- ing Documents was :introduced, ':ard on motion of Mitchell and Bishop, was adopted by unanixxrous roll call vote. There was presented:.at this time the Engineering Report, consisting -of plans and specifications ;for improvements, map of lands •secessary" to be taken, Engineer's estimate of itemized' andtotal cost of acquisitions and improvements, map showingboundary line of proposed assessment district, and diagram and assessment.,` Resolution No. ' 3.175 of preliminary approval of Engineering Documents was introduced, .ird on. motion of Mitchell and Bishop, was _adopted by unanimous roll call vote. Resolution No. 3176'.of intention to acquire and construct improvements, and setting hearing for Monday, January 11, . 1960 at 7:30" P.M„ was introduced, and on motion. of Zvveng and.Bishop,- was adopted by unanimous vote on roll call: Taxicab C, er tificate Application, This was the time set for a hearing on the application_ of Margaret E. Miguel, doirtg business as Checker Cab Company, for the issuance ` of a Certificate of Public Convenience and Necessity, as required by`:Ordna.nce No.' 1890 adopted, on October 12, 1959.. The application was read, the applicant requesting reinstatement of her owner's permit and a Certificate of Public Convenience and Necessity. She asked for permission to operate. one cab, _stating that she had been a cab driver since 1941 and a cab owner since 19.50, that she is prepared to pay the license fee and has the required insurance .coverage. he`lear.ing w.as•declared open. Mr. W. B. Prin�e, General`M. anager' of'the w yello Cab Company, told the Council. -that he thought` Mrs. Miguel "had a permit to operate in the city at the tirne the ordinance was adopted, and if that were so she would be entitled. to a certificate; and in that case his company would .make no objection; however, if: -she ;did: not have a permit and the issuance of one ie=to be"based ion =public convenience and necessity, they.., r would make a protest. The- City Attorney advised that Mrs. ' Miguel , had no,perrxur,'to operate in the city at the tirne the ordinance was: drafted and adopted 231. Mrs. -.Miguel addressed the Council in support of her application , stating that she had had a permit from 1950 through 1958.;. that in 1959she became ill and did- not operate her cab very much; that shedid not know about the meetings when the ordinance was considered and passed but was in favor of it when it waa- first proposed. -She advised that her cab hasbeen inspected by the:. Police Department and that she has the proper insurance coverage. Mr. Sanford Sanger, owner of the Barron Cab Company, objected to the granting of any additional certificates of public convenience arid necessity. There being no others to speak on the matter, . the hearing was closed..' It was moved by Marshall, seconded by Zweng, that the certificate be granted to Mrs ':Miguel. It was pointed out, -that .the ordinance provides that:the applicant: shall:have the burden of proving to the Council that there is a public demand for additional service, that the existing'; service is inadequate, that the applicant -has sufficient moral and financialresponsibility and experience "to :properly conductthe business,' .and that traffic conditions or hazards will not be appreciably increased. or parking problems made .wor a by the granting of a certificate". Some- council, members indicated they felt that the applicant had. not submitted'sufficient evidence or proof of the need for an additional taxicab:in thecity, and of her financial responsibility. A motion_wasmade-by Evans that the matter be referred to. a committee; ` ."The City.A.ttorney advised that the. Council must make the ;decision, that it" could.,continue the, matter to the next_,. meeting but it,w.as not proper:to refer it to a committee. it was moved .by Evans, seconded by Rodgers, that the hearing be continued to the; nextrneeting. The motion waslost by a voice :vote roll call vote wasthen taken on the original motion o grant the certificate,and the vote was as follows: Ayes::, Byxbee, Davis, Giffin, Marshall, Stephens, - Zweng. Noes: Ball, Bishop,. Evans, Mitchell, Porter, Rodgers. -The motion was declared lost. It was indicated to Mrs. Miguel that she could re -apply at any time and:.a further, application would be considered in accordance :with'theprovisioas:'of' the ordinance, A motion ;wasanade by Davis, and seconded that Ordinance No :;1890 relative to the issuance of certificates of public converiience and necessity for the operation of taxicabs- be referred to-Coxnxnittee No.. 3.for; consideration of possible repeal of the ordinance. 'The vote on roll call was as follows: Ayes:,Byxbee, .Davis, Giffin, Marshall, Zweng. Noes: Ball, Bishop,; -Evans, Mitchell, Porter, Rodgers, Stephens. The motion was declared lost. x�. Chi 4 r Chylcix Clara.Ccriaht`I ittee a Santa financial., letter the fin's SUxve Ga s x�eeived, a� 'loath. xeqnari ��h th,e cow'�tY' lit ex. 01ldren an l connection ittee at Ala 'Alto 'untily veY G CitY awed.. a xeq pun Sur the �e8t cif s�ir'po�$ � bexhP� cond action. an the inter ...City G �e$t.,.- tide sux`�eY agreed t.w�thheld9axa ° y t° the xe It, was yvh th�:.at ing n response he lgttex '� ' a o lei. Gxties ax; t xtairw. ae ttee: of tc► aid Freewa the �'' 1 that e104/ fxaxca that they Road, wt ved advising Willow was x �oei t:san .ad ' re�'e'�t- the . It letter Residents ,Association ad the xa ate e dhill { esxd Ai auto X re to San thast o -Carpi fxRRnas eal. n Mead g, a in' 1' la �ta tea af 1 t weso£ 1 aan l f 91�? e cYsta x le rrxxa is s�xs, CVZ*? �x a�. cads it end. 'Victor • the 1K.svicinity,. tan �rnbax �t�ed by �r s in x e�uee � . �,�g srtb extY °`xm p,xive, �,� peta ; by `59 pz axbaxa x°'� Merin, xavev Signed e and $ e s the u�saxnP ale A � apas that the i . triad=` 5laae s,1,0T'park .: cad °Rae and �e to B dexa tern ba d �,�����a bey. o '��� � c�.a=� of �� V�bee, this was referred that tkse City at > of. land': 'g triangle' Baas azsd tx x of to the mptia report of d a. he staff a a git ax e?ort laxs_ CQmx»tte'e t v�ras sugge to x unimproved tri 1t � �saxn�la, e. c�. other C CQ itte r ,l ent °• . in thy, city • S • 'Txuc ,fx� ckicv, way G1aix+ of". t 17 gra received. Frans Cook Bf ot6s;' • 29 esting that was xoG �. their claim. la m.o> and xeQ oxtuxsity.td. A. letter eQncerxssrg. hex d g ern an opi) is add.. ent �a spanY . or Se tern . d give th d.ed that the �uirm .. the 'G+?'a'csi the. c1ax and age xl�lai, 'Avowed in the chins ze dln e� b1c .l x pcxssx er . ' e City Lta e was invoi sx� the G ti st on' sad • ". ,aching. in'a.ch d i r s , and im e T?�ht ors a eN d seconded by Rodger • of qs 1? 1 ' . pved by w the xe`1'sest for It � a�ca� be ta�'en � x&txict c�xxiea that flood Canty County �'loa�' e,A lett crf ,waxes 'fro the Santa des on G.ex y•x1.00 . Gars �: xeceived cell,atxon a Anthony . letter '�'a. the c.:. poses fxa QA4 acxea' sting txol p es of o ate of a Part of �istxsct_ xe4'���aad Gars a p ntxal cq ii.to ari an l of 0 •ego the Rand'a. Ga ua�x ea Cr�f',xe�lt., . d 5� an Sanchez ; It.iT prop�xtiin �xahoisqua of the p�xt1 ��isa Soto' do al��g San t � _ �a to xaa �c�.so ,xaxa portion of of �sta a de Sin �x�n the taxes on sand the ,c oda del A motion. bee axed 13isho i= with 11 e Aces, Quoin f;.R'� ate axe xal� G nC: dby were c3 elle pxorextY �ptirig O• �ax shall � . ;Cancellation .oPTaxes (Jarvis Estate) An application was received from the Executrix of the Estate of Cordelia Jarvis for the cancellation of a portion of uncollected tax on property at 3015 Ross Road, portion of Lot 114; Wooster: Subdivision, on the- grounds that the taxes include an assessment for xinprovements and personal property which did not exist on the hen date. The City Attorney reported that the attorney for the Estate had discussed the matter with himand the basis of the. application is the fact that shortly before the lien date the building on the property was destroyed. The applicant stated in the ., petitiontha,t the first installment of taxes was paid under protest. The City Attorney advised that it would" be proper to grant the request subject tothe furnishing of an affidavit or satisfactory proof that the property in question had been removed. It was moved by Rodgers, seconded by Byxbee, and, carried that a refund of the overpayment on the first installment of taxes be authorized and that the portion of uncollected tax on the second installment be cancelled, provided the applicant presents evidence satisfactoryto the City Attorney. This action was taken by Unanimous vote on roll, call. Annexations to Other Cities Notices were received from the County Boundary Commission of the following proposed annexations: "Springer No. `,1'"to the City of Mountain View, "Ei. Monte No 4" to. the City of :i Los Altos, and "San Antonio Iiilis No. 1" to the Town of Los Altos hills. arden Terrace Annexation No. 2 A petition; was presented from property owners on:; Monroe Drive,for..the annexation to the City of Palo Alto of six lots, an area,of Z.649 acres, under the Annexation of Uninhabited Territory Act,of 1939, to` be designated as "Garden .Terrace. Annexation No. 2". A report;was filed by the City Assessor certifying that the county records: show that,there are nine registered voters within the proposed .annexation: area, and that the total assessed raloe.of the properties.as.:indicated on county records is $17,020:00. Resolution No. 3177, giving notice of the proposed" annexation; and setting January 25, 1960, as date of hearing,was introduced, and on rrzotxon;of Byxbee and Rodgers, was adopted by unanimous" vote on roll call. `Birch Street' Widening and Improvement (Councilman Bishop was absent from the room during consideration of this item.) A letter was read from the California Avenue Area 3�evelopment Association, Inc., stating that the newly proposed. 70 foot plan for Birch:. Street will be acceptable to .them. They submitted' a sketch showing two 12• -foot lanes entering Birch from the s with no pa rkinq on the Page )Ir1i11 Road-orcegon..Airesuie underpass { t_. .vin 'lie and an northeasterly, side of the street), one,12-too g 8 foot parking lane.ott the; s;outhwesterl$side. of the hstreetsnd ah a 5: -foot. sidowalk and a 5foot planting strip ,on center. island. ' 'rite letter contained a. statement that the 11 of : Directors cat the As sociatosi. as .,pr eviou,sly offered,.. t • the Board rking. district could support the agree that they Csliforxsia A.vesxue Vga ith a csntixi'butiosl of 37.59x• ef Birch Street: fix�xancimg program cast for the excess width.: of the proposedstreet. city Managed' advised that preliminary The Assistant ,t7►' 504.00; that offers cost estimates for. a 70=foot a�trz��ideet omit to- fo ,abutting property- ;tthemethod of financing would p the own of to_ pay the egtiivaleat of the _cost of a 60-foothe California Avenue $31. 00:: 00 to be pad as 'follows:,:37.. 5%. by. parksng clsstrict and the balance by the City:, ter discussiosn, it was moved by Zweng, seconded and . Af studies and start carrsed that, the staff proceed with engineering s�se:aesxsent ,diotrict proceeding s for the project,. and that than, matter tree No. 1;for detailed study of the plans, . `be xef�erxed `to."Co�m:zsi , . ncluding consideration:of the exact location of the center island, audthe`spread of assessments. returned at. this time and was present for. , therest of_the;lxneetixg.) 3040 and 3060 Middlefield Road A re rt was received from the Planning Cornsnie'sion re p , Angust 2.6, .1959 affirming by a.' vote of 5 to `1 its recommendation oAugust 26 a�s e of=:district from A �to R. -3:G and R-1• of a chaxsg wiood Realty Coinpaay (Burton Blackwell) of -Cook, 1;eonett3 earl-�Raveas the 304 at x990, 0"and 3060 `Middlefield Road. Itw as repos rt d t at' f r ;•rio vote faVorad'aubstxtut3on of R,�3:P . for th R. -3:G zoning. The Pla�,,ing Officer r"ev,.ewed the studies and of r,ecomnmend.atione of ,the P1�ning:.6arnmission on the problem t ne this :area which has- been the action of the Cow C 1 on September ni,n time. Attentson was- called axdinunce aezo g 28; '1953, when'it gave first reading, to a proposed o ertnes,'in questien;,to R -;3-P and referred the matter to the the _pr P 'lanaiang'..Cosmmisei,on for Consideration and report: Mr. Donald Althoff, .611 Wellsburg Way, told the Council Leo le in his area hope that the Coiu1cil will approve the that c*se.T? .f? 3:G recomtn'enciatiou-of,the'Pl.a tying Commission for R-1 and R- zoxning . Mr Andrew :Speare-. addressed the Council acres of the of Mr . Blackwell. owner' of about_ three and one -half property, urging .that the area be zoned R. -3 -P - ascended by gyxbee, that 2. A'rmotion was made by Zweng, 3:G and R. -1:•,-, o sed ordinance zoning the properties from A -R to R- a pr . .o"-1, - - as:recomxnenrede the Planning : Commission, be accepted dby for fir reading : In making the motion, Councilman Zweng stated. $t . , that the. Matter has been: discussed many dames and has been given of the much consideration, "and that he feels it is the responsibility ouncil todetermine the best use for the .Land; that inasmuch as the Flanning, ConMission has::r.eaffirzned its position he felt their recozmendation- should -be upheld unless some strong evidence is produuced'by" the. applicant to justify some other type of zoning The.. City Attorney advised that the previoas ordinance which had"first reading could be amended to provide that the property be rezonedto R. -3:G and R.-1, and given second reading at this time so that final,; action could`be taken if the Council so desired. The,.mtotion was then changed by Zweng and Byxbee to read that the proposed ordinance: be axnended.to: rezone the property from,A-R to R -3:G and -R-1, > and be adopted at this time on second reading. There wasfurther discussion by council :member and interested persons in the audience. Mr. Spears stated that the applicant would be willing to compromise for R. -3-P zoning in the. front, instead of,R-3tG, with R-1 in the rear. Councilman; Stephens moved to amend the amended motion to provide for zoning the front :portion, of the property to R -3-P. Mr.. Ervin B. Schultz, representing the Carpenters Local No. 668, owners of property at 3065 Middlefield Road, told the Council they do root .feel the'property is suitable for residential development but believe professional use would be suitable. for the area. Mr Eldred`F.: Tubbs,; 3364 Kenneth Drive, Chairman of -the Zianing. Committee of the Palo Alto Residents Association, expressed support for the recommendation of the Planning Commission and urged its: adoption. Mr_. Henry Perez, 655 Wclisbury Way, opposed R-3 P and stated that the people on Wellabury Way are willing to accept R -3-G„ zoning for the front portion of the property facing on Middlefield Road; The amendmentto rezone the front portion of the property to R -3-P and the rear portion as R.-1 was lost by the following vote on roll cali Ayes: Davis, Evans, Giffin, Mitchell, Rodgers, Stephens. Noes; Ball, Eishop, Byxbee, Marshall, Porter, Zweng: Ordinance No. ,190.3, as amended, to rezone the property from A -R to R-3 G: and R-1, was then adopted on second reading by the following vote on roll call: Ayes:' Bali, Bishop, Byxbee, Davis, Evans, Marshall, Mitchell, Porter, Stephens, Zweng. Variance at 1845 Fulton' Street (Hammond emmommilawasy A report was received from the Planning Commission recommendingby a vote of 4 to 2 that a variance be granted to Arming S. and Dorothy E. Hami and to allow construction ofa second floor.; addition with a sideyard setback of five feet where nine feet are - otherwise required at 1845 Fulton Street, Zone District R-1, thereby overruling.the decision of`the Zoning Administrator for denial of the application. It was moved, by Mitchell, seconded and carried that the variance be granted in accordance with the recommendation of the Planning Commis sion .. • • Duplex District Regulations A report was received from the 'Planning Commission recommending by a, vote of 5 to 1 an, amendment of the Zoning Ordinance 'by the adoption of regulations for a duplex zone with requirement's for a -.lot area of 7500 sq. ft., lot width of 65 feet, 35% maximum building: coverage, one-story height limitation, and with enclosed private garages :containing one car space per unit, not more than:two, such spaces facing the street. It was explained that the No vote favored a smaller lot size and lot width. *proposed .ordinance amending the Zoning Ordinance by the, addition of Article 6A to provide regulations for a Duplex. Zone was introduced,; and - a: motion was made by Marshall and seconded that the ordinance be accepted for irt reading. The City Attorney advisedthat he had not included i.n the proposed ordnance the provision`.that not more than two car spaces could face the street, as recommended by the Planning Commission. Mrs. Philip Towle,,:. Chairman' of the Planning. Commission, asked that the ordinance be accepted for first reading as written and be referred back to the Planning Commission for further consideration '. and clarification=as to the requirements for garages. It was. moved. by Zweng and seconded that the matter be referred to<Comncnittee:"No. 1, but the motion was lost by the follow-- ing vote on roll call,: Ayes: Bishop, Davis, Max -shall, Porter, Rodgers, Zweng. Noes: Ball, Byxbee, Evans, Giffin, Mitchell, Stephens. The prenoaed ordinance was then accepted for first reading: and:; referred back to the Planning Commission for further cOne iideration, by -unanimous vote on roll call. (The: Council took a ,recess at this time, 9:20 P.M. and reconvened at 9:30 P.M.) reetent with American Trust Corn or Demo "tion o Building The Assistant City Manager reported thin: an agreement has beenreached with the American Trust Company for the demoli- tion of the building on the Lansdale property on the northeasterly side of Emerson Street, on Lots 11 and 12, `Block. 12. (the Ramona Hotel property). The terrns-of theagreement were reviewed.. A resolution approving the agreement and authorizing- its execution. by the Mayor was rntroduced,: and on motion of Mitchefl and Marshall, was :adopted;:by unanimous vote on roll call. Pr.o %ct� 5® 55, Underpass: - Stolte' Reten#s i b The City,: Manager reported that the contract with Stolte c. for construction of the Page Mill Road -Oregon Avenue grade:. separatiornproject:.provide:s for retention of 10% of the balance for 35 days after completion of the project. He advised that the City has placed; a atop order asking.: the contractor to delay complction:oL'the work: at the intersections of California and. A3`ma, and Page MiiillRoad . and -Alma, until ai.fter 'this holidays,,, and the contractor has asked the City to ,consider: modifying- the: contract to reduce the amount of retention.. The City .Manager Statecithat 'it ie estimated the balance of:; the work yet to . be done would' not exceed $7,000.00, and recorxianended that the contract :be amended to reduce the amount of the retention to $1.0,000 00. motion of Mitchell and Marshall, and by unanirnou, vote on :roll call, the Couuncilauthorized amendrxent of the contract with'Stc _ . _ . to' reduee the. retention to $10,000.00. • Page Mill `Road -E1 Camino Intersection The :City Manager reported that he had discussed with Mr;. X._ P:. Sinclair,; ;Assistant State Highway Engineer, the problem of the iatereection of Page Mill Road and El. Camino Real ,and advised that,:' basectem the discussion, it would be in order for the Council to instruct :.the staff to -request the State Division of ;Highways tomake a study of :the intersection and at the same time, to advise the State that'.the city is ,willing;>to participate financially in_ a project to solve:the,problem. Councilman Byxbee noted that the State is working on plans for the widening of El Camino and it seemed timely that the problem of the intersection of Pa.ge Mill Road and El Camino be considered. He moved that the 'Staff be instructed to request the State Division of :Highways to review the matter and make a study of a grade ,separation at this particular intersection, ; and that the. Council express in principle -the willingness of the City to., participate- wr the ;financing, of such a prograxn. The motion was .seconded and carriers. Amendment to. Sec.. --19.161 BicycleOrdinance The City Manager presented a proposed ordinance amend- ing Subsection :la) of Section .1.9.161 of Codified Ordinance No. 5 to prohibit:bicvcle: riding in pedestrian ;.enderpasses. Ordinance' No. 1904, amending Section, 19. 161, was introduced, and on motion of Mitchell and Marshall, was adopted as an emergency ordinance by .unanimous vote on roll call. Yield: Ssana; Addison a tvg Hi . The City Manager presented a resolution amending Resolution No. 3112 to require Addison: Avenue to yield the right of way to High Street. This Resolution No. 3178 was introduced, and on motion duly made and seconded, was adopted by unanimous vote onroll call maw Amendment to Traffic Code, Permit Parkin A proposed ordinance was presented, to amend Article 19 of. Codified` Ordinance No:.. 5, the Traffic Code, by the addition of Sections 19.177.5 and -19.177.6 respecting ,Permit Parking It was explained that this willincorporate, all the regulations applicable to permit parking'. in one ordinance,and will give the City Manager authority to establish permit parking spaces and set the fees for such permits. On motion of Mitchell and Marshall, the proposed ordinance was accepted for first reading by unanimous roll call vote. Parking Lot Meter.Zones-and Rates Resolution No. 3179 amending Resolution, No. 2971. respecting parking meter zones and rates on Lots B. Jr, K. Q and S, was introduced, and on motion of Mitchell and Byxbee. was adopted by unanimous vote on roll _call: Business District Si_ , Unnderpass Island The City Manager . submitted: a request from. the : Galifornaa` Avenue Area Development Association for permission to locate a business ,district sign in the underpass island at the intersection of Page Mill... oad.and Birch. Street. He advised that no specific Sign . has°been,'iesigned, and pointed out that no sign should be installed which would' create a blind intersection or snake a traffic hazard, He Suggested the Council' could indicate approval based on design control . It wasmoved by Marshall, seconded by Zweng, and. carried that the.. proposal for a sign. be approved in principle, the Council indicating it would lake to see the design in detail before final approval is given. • +Exchanpte :of Property {Baron The Assistant .City Manager presented for consideration an agreement between the City and George A. Baron for the'exchange of certain surplus city -owned -property and property required for. the California Avenue district parking lots. It was explained that a parcel of property owned by Mr. Baron on Birch Street, being, a portion of Lot 22, Paul Survey, has been condemned for off-street.. parking, and ;the - staff is attempting to help him in relocating his busanesi; that -the -City owns a parcel of land at Park Boulevard and Page Mill; Road, portions of `Lots 4, 5, 6 and 7, Block 7, Hawxhurst Subdivision, which re mined from the right of way acquired for the underpass and is now surplus to the City's needs. The proposed agreernent provides=for the exchange, of these properties, Mr.:: Baron to pay tbe sum of $756.00 in addition to deeding his property to the City. . Mr ...Total Filippi, attorney, addressed the Council: in behalf of,` Lloyd's Service Station adjacent to the city -owned property at:-Page:Mill and Park Boulevard, stating that Mr. Lloyd was interested in the property andhad thought he was to be considered':. if the property -::were' offered for sale, as it could be used for parking facilities for'`ti e: service station. Mr. Filippi said that Mr. Lloyd does .not, have enough property for the required parking and has a hardship` in view of the fact that his access from. Page Mill Road has been eliirinated. He advised that Mr. Lloyd is willing to make an- offer to purchase the land. It was suggested by Councilman Zweng that the matter. be referred to .a cornxnittee for; detailed consideration. The City Manager pointed "out: that the matter should be resolved at a measly date as: Mr Baron: has to be relocated; that if he is not to be.. relocated: through::this exchange of property, then it would be in order :to" take cornxpetitive bids for the sale of the property. motion. Of Mitchell and Zweng, the matter was referred to ;Committee No. 3 for consideration and report; betty _, � :�- e to the Ca 1 to we cc�r he City it wand the Palo :A/to Unified S c oo pro °n property: Yte School proposed agaement (.. _ix: the : s awnsd ,. the School e 'anc operation of a ni rng pool e praVis3 t 5 ,rmed The. District at . stn nlan °ns ell Assistant Ci the Lewisev,w p0al prOviI 1 stx'ict" agreement, opointin o that o he ,one have Manager reviewed the School �' o e a exclus/ye. use out that it provides ,for excl year`,ar :for d operation far the usavr�Iy far the the City of the ee. use pool for zxrex xnantha '� operate the resolution approving a execution, by the PPxavin t - . and Zwen tatio app $ he agzeetnent g. was ado introduced, and and adopted by by unanimous vete on motion cal of _Rodgers its Lifzrar ;.pex,a Z call. ger8 nzent six. '.` The:, City:Manager Bxaf?ac auto - �•gex :reported in the Ixbx matxcn3acha that be arias dax axes fax.,char 8�rtiag �,� greemebr a'y,ear''s: trial 8' g wren January 1, ]96p basin dex will be ins a. rental-purchase �•Iled The 2 xchaee I b?a : City ""fos ;i Manager also presented a request sxstazxts City Ma a ere‘in al casual help.• 1 , l' ZO : aYad_` o ff of tw diti®8from the G additional library. ?wuto dtdised th adsiiti�ynal s' ca wn brauch abxar at at will be Paced ho y at' 1.0.:01} A..,11t. possible ap$1 the 51 for �.hg',, ah ?'stfar the°.da instead of o 61:00 ro 1:t..14,.: Ihou,rays�, Tuesd touwn branch aze Yz nos n; that' , an:la aye and ifi:10: 6:,00, P j oxi ur s4,yg and Fr • edneeday$® A.M. to 5:0,(i Iarger, days adayar and 14:Ot? A. M, to hours, ;�;.ouxda e ' that .to. keep, the from 9:00 " downtown .A.M. ta., �iWx'a�r an additional persssxz, h bxaz-y oln -- The" �. PosYtaau$ "gar rec Pos axon ,tharized d t o ended that the Special g'r4 � fox adrliti�;��Z.c�s the necessary f d�-two additional axxd`; tchell @cte Acc� ual,help betransferred these unt' to- Ac ota sfexxe from were, author , the additional nt 7Q ..A,. d iron ;ti recommended, aco ded8,d and,the ditio positions of Ott matiou of:Bishop , anth bq., transfer of library ed as antra shop vnan furls was . mous vote on; roll .call. approved as revaew Caunc ,i_ _ ache -the $ •Conn crwrz library aux suggested that the staff the u'aulci make - quote, and . $ to deter off further z.eq a City Manager whether a revxewr• gar advi$ed that the staff Transfer to pro . act S8..X betweenthe C; ; presented cf. Yxbee po recommendation of the `a the. Special shall, _:enda ion City Manager, I'x°al�ect l� ojecta: Accost to vyasea and on motion this tcunt a� unanxxxzaixy vote. Account 132,E prized. xm?raver ent the City+$ contribution tolwarll.. It was brap azxient d the ArboretumRlained oad Schoolreernent 'with.: .District far Terarian . ,c;r�aa There ryas I Pool nB near 1" re a $ The City ew dart Attorneyo amending .the Btxaldiz1 e t pa�'ented a propose add three new sections ordinance dealing with advertising signs ne landscaped freeways., He adviseai_that ;this; in effect' adopts the provisions of the State law applicable: to areas ° atside cities. He°,'stated that he stilldoubted the validity of such`: eitectxn ents'but'tbat: the Division of Highways will not spend money far lindatcaping freeways without such restrictions; that if the ,Cauzcil`accepte..the proposed `ordinance fax first reading he would 'send.'a copy to: the Division of Highwaysc. to see, if it meets with their:: approval The proposed ordinance adding, Sections 4622, 4623 :and 4624 to. the Building: Code was introduced, and on motion of Mitchell and Byxbee, wu accepted for first reading by unanimous vote on roll calf • Ordinance No.; 1905,, amend:aag the Zone Map to. rezone portion of Rancho Rincon. de San Fraxicisquito generally located between the end Of Wilkie Way and West' Meadow Drive, and between the'comnercial"frontage behind. Hl Camino' Way and Mayfield Park, from :R -1;B 7.%to' R-5 and ,-3:G, was given second reading,, and. on motion of Byxbee and Ball, ; was adopted by unanimous vote an roll call. Subdivision Ordinance Amendments Street Standards for- Hillside Jiireas A proposed ordinaince amending the Subdivision Ordinance by adding threes new subsections 1.5, 1.6 and 2.41, and by aaYnaraidng Subsections 3.33, 4.11 and 5.14, pertaining to lot divisions and to street standards for hillside areas, was pr esented for second reading. Mr. Dan. Dana, developer of , the Palo Alto Hill. Sub- division, spoke to the Council on this matter and referred to a iett.r which he had sent to each council member on the subject. He stated that he feels it is important not to snake the streets inthe hillside areas any wider than necessary, and that the type of traffic in the area would not xieed a 30 -foot wide road; that other places with experience in hillside areas consider 24 -foot roadways setts factory. Mr. Dana asked if the .matter could be diacussed further in'committee before action is taken. The' City Manager pointed out that it is important toknow the road; plan, for the entire area. He advised thathe has information from Beverly:: Hills and Hillsborough on their requirements for hillside areas. The". City Manager cornnzented that no policy on lighting has been established for such areas, and that the Council mist also establish a policy with regard to lot sizes. It was moved by Byxbee, seconded and carried that the :natters bee referred back to Committee No. 1 for further review. Variance and: Use Perniit A als Committee Ordinance No, 1906, amending the. Admixuatrative. Code to create se Vaaxianace aartel-Use Permit Appeals Committee,_ to be e;ompoeed, of the members of Committee No. 2 and three members of the Plamin.g. Commission, : was given second reading and, discussed. • 1l • O duly seconded, , the of BYxiiee,. call_ On following vote on Toll adopted by the B ` , Davis, �vana, lvlitcheYl, xbeei Ayes:ball, Bishop, y Porte x.� Stephens. Zweng• Rod gex s . Does: WW1.`Mar shall, Zoning. Article 24 of the. 1.907 , amending it Appeal$ Ordinance No. Use perm duly to pre a Variance and on motion Ordinance dog prescribe on roll call. was given. second reading, Procedure,seconded, . adopted by unanimous seconded, was adup cZe ,Puncl 07 of Codified PPrwall: a gic ..... Section 16• into 1'908,, amending bicycle license fees Ordinance No. payment of bicY provide for . and. on motion duly ,not nce� Na. Fund, p aecona reading, 11 Ayes Marsha Ordinance undo was:. given vote ,with the eGeneralnded, F doted on roll call ded, was adopted seconded, voting on the /notion. all Votes Adxninistxative Cade Amendment, 1t,all C Section 702 of the amending vote or roll call, A. Ordinance O. 19x9, voice QxdenC elating to vote by vote ex s, duly was g istrative: Code relating and on motion of It g Griffin Yzadirig, roll call vote` with l l Ayes, seconded, ec r4 ' Seas d adopted on- seconded,waa adoli voting No... Hootatein} on the Claim foxes a es -- Attorney �".",'r'." from the City in tk�t r. as received damages ed by A report w fox asserted ootgtein into apartment nt .own by fta. 0 L sewage hacked up claizxi filed ", when.. advised that the stoppage the amount of. $t. 00 Attorney her tenants ` The City which. claimant or claimant. materials an is no liabilityten t thee, of xn opinion t clWiam, reason of the occurred by the sewer, that_ in his P ended denial deposited. pa in and he recommended on the . part of .the and car xied that S %bee, seconded claim be dented 1t was movedeP by accepted and the the City ,pttioxneY, $xe'Q oxt ,be" of Tel:e hox�,e Goma`" Attorney on claim, the City any. from Telegraph, o ci A report was received hone andT telephonernP able .Telep to a the Pacific it of ,damage ntagainst the City:by a ditch for water line. t of: $k�72.-25 for-:.repa� in the_;t was , . a trencher digging itch foabland SLriick.by claim is it y At advisedd that the whexz° The City Attorney : allowed and paid. that recommended it, be seconded and carried; 'deli, secan claim ber Paid. It was moved.by, y�.st�., roved and the the GitY. Attorney` $ ,report be apJP from the Controller received A recommendation was gents of taxes: ef d of the foli sing overpayments (a:} .11126 Assessment No. 12385, first ix stallment An' the arr ouitit of $15.45 to the Bank of Axne ri ca'; `Palo, Alto Branch. (b) Bill:": No.''.12387, Assessment No. 14.272D, first installment in the arount:`of $18.47, to the Bank of America Menlo Park Branch. It was ;n owed,..", seconded and carried by unanimous vote on' roll call that these:tax; refunds be authorized. The Monthly report of the Controller for November, 1,9:59, was` rece,ved and filed.. The'xno Mthly. report: cif the Planning Officer on action taken in_Nover ber on applications for=lot-divisions, and the monthly report of the Zoning Administrator on action taken in November on applications for variances and use perix its, were received and filed; There bein'g no further business to come before the Council, the meeting was declared adjourned at 10:45 P.M. APPROVED:,/