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HomeMy WebLinkAbout03261962Alto, California City i�,a11., r �° Ma;ch 26, 1g62, Alta met in xE,gulax the City of palo Alt Trlali�ir ht presiding. ; Council, of the with The dat at 7;30 , p. . i Yt,. oil thzs' Dias, session as sa tabs, Vioat3�uard� Roll calla ee, Cre p Steppers= , lighop," . �gy'�cb s Arno er s , got7xs, fiu , ?resent: Mar k�all> g°a�' rv- Absent yxiut�g. as�d.�..xaval c'f.. he be made t° t Gorxectio?!y --- '. t a coxreetic�n lines of .t+�e ovCd by Aeb 1962, xn the G�cl. 2�tiihutt si 3t was oi:rpaargc:131020,, t,9°lume14, ©xe tteetxsx�s of :them 5ur.e x tt'v`,ttrree oft''c'mute• e7n'Fa.$e ballot measure ,y "dn 1 ,3rpaxaRraX� worthT of the b? ;"Ot this £°rx"` hN i�tirrn 'as . ut { :. K tkse :_ wQrdythe f x e.tio , the xr:l• rdarig the �t:oxdir-g ch�ngan me d xx� this c °x .P+:veriue.1rn 're5e With. teal. .nts to e P daxrs�c�• ibu :t�?ax '°� �aFn`1 approved.. 3.6 c3istx e. Go�dea �Y C 19 e a pp �:9oL war , o� �arck�. 1L,, oii. enu. p'�`� et G. Gamex �r i_ex .A. _ �- .13:11 a h was read from xesentir of Gan'n'exC' hambe r ca u;o, Alia - -Chamber the t .polo fitt+a Gkca. ©� Directors of -� and development 1pxes� wr(° th tec.bY t1 e Board r zhe xe,ritali �tx�p°s�'�d by Charles resolution. �daw ¶ of t Pl district a5 proposed. for �,r s ng Phase h ai y � er�ae b�' xtaEe uxt'fl feasibility ea: ibiparticularly tY in tkae I: N? d clud. y studies base. «f the un�vex to ,n, ark in off -sweet p implementation of .Hari Associates, to that the ixnp Luck. c,i .dditiona and 'that the malt clevelap''ert; as possible. Palo Alto undertaken. as .soon area ec�. from the .�;; subJ , Stockholder of the plan be eive.d on this the Annual �v'as xc that at osin¢ the ti ter to eyolu$on was passed opt �lCa$ont: �5sociat�an ala Alto. ackn g of the, x ' ;awrcto Nvrk T.�uClcn�an r''lan f ° ,.- t� pU'ta1lView!_: the City of M°'�t2i;1 hhneation -9-1;- -______1.. ----"--. = anon to "Middlefield proposed annexa. 4„ and af: the pr ° 1 latices Calderon s c�.esgiia-tad as w of area vedarad fil:ed•. t'ie recex �(a: 3�„ were ts,:ce'rs f.a:' 1 Centel' Palo Alto G� r;ulxvxa from. Altt a-aa taliti,z ris of of e .gas received needs of the City, Coxrespiibmit copy of their 'rep larger w(r su zx'xttzxs$ a cultural support fox a '"'� „q,.. ltuxaloen" yaires °o the geed and :�ul�5? faeiliti�. a Cu ,e s urV a,te s. cultural f �r.esX�onses;°tp 4-.. $ur;vey demonstrates for additiOna�The organization i�,4x'n_ advising that t�' Ala Ito and the . rehearsal balls. cM J an ;,►uda.to= heaxsa . ;oart'TMR, Gunn F� tor�u�'r'.F' xoamxs and to construct r �.n High. a'udi eet:n p1 District new .e:n. y seating 1 the School with the es the City in con,'ancti°t= s z at l� asi iat?� School. lt'Was-'xnotied',b}: 'Bishop, seconded anal carried that the'. survey report adand ;Correspondence be referred to Committee No.- -• L. F cfaresswa.v"fi oS c'v Resolution Amendrognt• A'.cornsuricatioii, was received frorrx George Star. bird, C:hair'rn'ian of ;the <.Saan.ta.Cla:ra County Trafficways Committee, en- th d subjectfof the, proposed Amendment No. 4 to the';xpressway Poli y Reso utior of December; 27, 1960., regarding payment for cost of reloca.t;ion o .piiblic.ly owned utilities in Phase 1 expressways and. non-expreS.sway' projects. The City Manager pointed out that the Council has established`'a clear policy On this matter and that the Council's representative ore -'the County Trafficways Committee has been instructed to oppose the arnendmert and to recommend that the State plant for finaza.cirg relocation, of utilities located it: expressway rights of way tae followed, and that he will report accordingly at the next meeting of the County Trafficways Committee. Awards to Foothills Park Citizens' Advisory co•I r date 'Distinguished Service Awards were presented by the. Mayor tothe members of the Foothills Park Citizens' Advisory Committee: Frank Lee.Crist, Jr. , Chairman; E rge M. Clark, Mrs. Walter Carnage, Mrs, Wesley Gardiner, Con: -ad F. Gullixson, Mrs. Raymond Kelly, Maurice Ledoyen, Wi'lia.nt McKa.ig, Mrs. Norman: J. Silberling, Sr. , and Theodore K. Strong. Before making the presentation the Mayor rtvie.wed the mission. A.ssigned tO'the. Committee which has submitted its final report to the Council. Pernolition of ]3uil, digs The City M ager submitted a proposed agreement and stipulation, signed by Finley J. Gibbs and Diare F. Gibbs, ow"e -s of the buildings' at 151, 155, 157, 159, 163 and 165 t.Tnive .city Avenue,`` northerly =corner `of University and High Street, fox- the derno.Iition of said buildings, the demolition to be commenced within five days after September 15, 1962 and to be completed on or. before .October 20, 1962: The City Manager advised that the agreement b.as been -worked out with the owner: of the property, and he recimxnended-that it be d.pproved and that the Mayor be authorized .tOexecute the agreement and stipulation it behalf of the City. Resdlution No.. 3478, declaring the buildings to be a nuisance and directing the abatement thereof by demolition pursuan to the stipulation,-' and ailhoriiing- the Mayor to e;xe.cute the agxeement'and. stipulation, was introduced, and on motion: of Rodgers and .Cressy, was adopted by unanimous voice vote. Underground Electrical Distribution _System Agreement and. ". Peters an a►ixornia Pacific Commercial Cu The.:City:Manager submitted a proposed agreement between' the City of Palo Alto and C: M. and C. Peters and the California • >Pa.c fie' Co'rnmerciai'..Co.:npany for the construction and installati.on 308 ofan underground electrical distribution system to the East Meadow Circle Industrial area,: He recommended the Mayor be authorized to execute the agreement in behalf of the City. A resolution approving the agreement and authorizing its execution by the Mayor was introduced, and on motion of Rodgers, duty seconded:, was adopted by unanimous voice vote. Mutual Aid Agreement with Moffett Field The City Manager presented a mutual aid fire protection agreement with Moffett Field, advising that it is similar to mutual aid agreements entered, into with other communities and recommend- ing that the Mayor be authorized to sign the agreement in behalf of the City.;' Or motion a Rodgers and Woodward, and by unanimous voice vote, the agreement was approved and the Mayor was authorized to execute the agreement for the City. Pro�je�ct 6U_1L,y�tellsbur Wa.. et a1 Resolution No. 3479 of Preliminary Determination and of Intention, :for the improvement of Welisbury W;; y and other streets, Project b6 1., was introduced, and onmotion of Byxbee, duly seconded, was adopted by unanimous voice vote. It was explained that this is the%fi,rst;legal step in,forming an assessment district for the irnproveznent -of miscellaneous ;streets, and that later the Council will be asked' to fix a date fora public hearirig. ct 60 6 Arastradero Road et al There was introduced Resolution No. 3480 requesting consent of the Hoard of.Supervisors of the County of Santa Clara to the exercise o£::extraterritorial jurisdiction to undertake proceed- ings for the acquisition and construction of public improvements and to provide that thecostsshall; be assessed upon the district benefited under appropriate special assessment and assessment bond acts. It was expiaj d that some of the properties involved in the improvements and included in the assessment district are outside the city. limits, and it necessary that the City ask the County, for its: consent to the ordering of the acquisitions and • irnprovernents ;and to the formation of the assessment district. C7n motion',of Byxbee and Marshall, the resolution was adopted by unanimous. voice vote Use Perxriit �Kol" Exrieth . ::report was received fr•;ozn. the Planning Commission unanirnousl3� recommending that the decision of the Zoning Advninis- trator be upheld .n•`dercying, the application of Congregation k.o'i. Emeth fora use perm t to a11ow a church and related activities at 950 University Avenue;' Zone District R -1:E-10. The, Mayor announced that the application for this use pernmitand the appeal or the denial have been withdrawn_ by the applicant, and therefore no action is necessary and the item has been removed frornthe '.agenda. :;A:report Was made by Councilman Arnold, the Council's',~ repr.esenta1ive o- the :.Santa Clara County Trafficways Committee, regarding the Oregon Avenue plans, He advised that he hadmade' a presentation o€" Plan a, 8,a:s approved by the City Council, to the Txaficways Comnn,ttee; that at the last meeting of the committee the County. ;Staff Subcomrnittee, which had reviewed the plan, submitted a; recornrnended amendment to Plan A-8, now designated as County. Plan, _No. 2, and the"Traf£icways Committee approved the ;amended plari arid_:recomrineritied to the Board of Supervisors theadoption of Cow ty."Plan No 2` Mr. Arnold reported that County Plan No. is acceptable to the County and read a letter from th'e Clerk of tree Board of Sucervisors advising that the 13oarci, at its meeting Of March 19,` 19:62: approved County Plan No. 2, a modificatior_'•of Palo AYto Plan A-8, Page Mill -Oregon Expressway,., it accordance with the;reco' mendatio:r.' of the Santa Clara County Trafficways Committer-". Is commenting or, the two plans and the basic differences between City Plan A-8 and County Plan No. 2, Councilman Arnold star- d as follows: 1) Beth plans provide a frontage road or the northerly side, and both plans serve High Street via a frontage road. 2) The County Plan_ provides for: eight full (right and left turn) intersections; four partial (right turns only), ixltersections; access to Oregon Avenue via the frontage road for eight cross streets (northerly side). The Agates Way -Burnham Way -Dennis Drive cornple:i isprovided full access to Louis Road and partial access to Oregon Avenue in lieu of two full accesse,3 to Oregon. 3) The •A-8Plan adopted by the Council provides for 18 full intersections. No access is provided to Emerson Street on the southerly side; full access is provided to Oregon Avenue from the northerly side; and no left turns are provided from Oregon to Emerson. 4.). The County Plait requires the taking of two additional • parcels' Resolution` No. X481 consenting to the establishment of Oregon Avenue -as a County Highway was read by Councilman Arnold who movedthe adoption. of the resolution. The motion, was seconded by _ Zweng. , ouncilran Rohrs made a statement, advising thathe has given the matter a great deal of thought; that the Council must: c:o;ssider the problern''not only as it affects those v>no live on Oregon. Avenue but_these'who live in that'genera1 area, and also consider its ,effect on the City at:large. Mr. Rohrs stated that he feels the resolution contairs excellent safeguards, and he urged citizens to. vote favorably oxi the eSolution. Councilman Stephens stated that ;ale -is opposed, to, the, improvement of Oregon Avenue as a County highwayp but' -thought the; Council is' obligated to put the question on the .ballot' and let' he. peo,pie'decide. A motion was made by Rodgers that the question be divided rnto two parts a) That Oregon Avenue between the Southern 'Pacific railroad and Bayshore Highway be established as a County Highway in accordance. with County Plan No. 2; and b) That the question be ptlt on the ballot. In making the motion Mr. Rodgers stated that he will vote to put the matter on the ballot but wants to register his disapproval ofthe plan. The motion was seconded by Councilwoman Dias. After some discussion the motion was carried by the following vote on roll call: Ayes: Arnold, Bishop,, Byxbee, Dias, Marshall, Rodgers, Rohrs, Rust Stephens, Woodward. Noes: Cresap, Debs, Haight, Zweng. There was considerable discussion on the first part, of the question as set forth in a) above, as to whether Oregon Avenue should be established as a County Highway in accordance with County Plan No. 2 Councilman Byxbee called attention to several points raised in: recent discussions of the matter. As to the question raised as to whether Oregon.Avenue might in the future become a State :Highway, he noted that the proposed resolution provides that the street could not become a State Highway or State Freeway without the approval of the City Council of Palo Alto. He also made reference to -plans for the interchange at Bayshore Freeway and to proposed changes at the underpass and future plans for the construction of an nterchange at El Camino and Page Mill Road. Itwas also brought out in the discussion that Palo Alto voters had voted favorably on the use of County bond funds for the Oregon Avenue improvement: Councilman Debs read a statement concerning his opposition to the modified plan, County Plan No. 2, and read a list of questions which 'he: said themajority of the Council has 'repeatedly . specifically refused to fact". He asked that these questions be placed in,the,record. and they are as follows: "1 How can the majority of this Council ignore its: own rejection of the .Expressway and of the Parkway concepts and the signatures of some 5,700 protestors?' "2. Why are we rshing to spend the rnoney absolutely guaranteed to Palo Alto before we look at the other possible traffic improvements under the new General Plan? ' 3. How can we pre -commit our new General Plan before we haveeven discussed the overall traffic - circulation pattern and the denaity of the foothills? Why is Oregon Avenue being pushed :so ;;"lard for this truck roure°,in the face of facts that '_v;i.ddlefield and Embarcadero' Roads carry more traffic than Oregon?, Why are we rushing this catastrophe through two months before this Council will consider the new General Plan ? { . Wha.t kind of city are we planning here, and for wroxn_.ar"e we planning it?" A roll call vote was then taken or. the motion: a) That . ;. Oregon:itvenue between the Southern Pacific Railroad and Bay k Highw-ay be' established.as a; County Highway in accordance with Coun.tji P1ai"No 2: The vote was as .follows: A;fes A nold, Bishop, ; Byxbee, Cresap, Haight, Marshall," l.ohrs,> Rus ``Zw rig, Dias, Rodgers, Stephens, Woodward, motion was declared carried. The Council row gave farther considerd.tion to Resolution No 3481 consenting to the establishment of Oregon Avenue as a County Highway, a motion raving previously been rzaade for the adoption; of the re'solution. Comments on the provisions of the resolution and answers to questions asked by council members were given by the City Attorney. CouncilmanDebs stated that he is in favor of putting the question or the ballot so the voters can decide. He read a statement and askedthat the following portion of his statement be included in thel record; "3 am sad as well as angry to sec a shameful bit of history repeated inthis city, in the political manipula- tion of the electorate, as follows. . Wording of the ballot before the so-called boulevard plan was. rejected by the County and the :' modified' plan inserted. "2. Refusing to put before the voters all of the facts of the issue; thatis, refusing to send the Resolu- tion to the voters in its originally -suggested form, hearing the words, elinquishment of streets.' Wording of the Resolution offered here tonight , in such "a way that sections of the State Highway Code law favorable to the truckway are included. a' 'safeguards', but in such a way that other sections not so favorable to its passage are omitted, e.g., the section specifying the relinquishmer.t of existing city streets to the C bunty . " Resolution No.. 34b 1, consenting to the establishment of Oregon Avenue as a County Highway, was then adopted by the following vote on roll call: Ayes: Arnold, Bishop, Byxbee, Cresap, Dias, Haight, Marshall, Rodgers, Rohrs, Rus, Stephens, Woodward, Zweng. Noes: Debs, A motion" was made by /weng and seconded that the questionbe placed on the ballot, and that Resolution No. 3481 and a :t nap of County Plan No 2 be printed at city expense and. distributed: to the voters along' with the sample ballots. ouzci,lsrian Debs again' questioned the wording of the resolution and objected to the fact that the word "relinquishment" had been omitted. He referred to Sections 1720-1731 of the Streets and Highway Code of the State of California regarding the relinquishment of streets to the County. It was moved by Byxbee, seconded by Debas endme. tote ev r tzo , iese sP .ttaor s of the .e streets and Highway Code be printed and included in the material to be sent to voters wxth the sarrLpl.e ballots, The vote on roll call was as follows; Ayes: Byxbee, Debs. Marshall. Noes; Arnold, Bishop, Cresap, Dias, Haight. Rodgers, Rohrs, Rus, Stephens, Woodward, Zwcng. The .snot on was declared lost. The motion to .pelt the question on the ballot and send a copy of the resolution and map of the plan to voters was then carried by the following vote on roll call: Ayes: Arnold, Bishop, Byxbee, Debs, Dias, Haight, Marshall, Rodgers, Rohrs, Rus, Stephens, Woodward, 7weng. Noes: Cresap Resolution No. ' 34,82, requesting the Board of Supervisors of the County of'Santa Clara, : to provide for the consolidation of a special referendum election of the City of Palo Alto with the State of anifor .iaState;;and: County Primary Election to be. held o;: June 5, 1962, u.as ir'troduced, and on motion of Arnold and Zweng, was adopted by unanimous vote or roll call. • .t was announced that. April lb, 1962, at 5:00 p.m. has been fixed bythe. City :Clerk as the final date on which arguments for or; against the Oregon Avenue measure may be submitted to the City Clerk for •printing: and: distribution to voters in accordance with the Elections Code of.the State of California. The Mayor asked :Councilmen Arnold and Debs to take the responsibility,of seeing: that arguMents for or against the measure • are made a.vailableto -the City Clerk. (4 recess was' taken'. at this time, 8:55 p.m.. , and the Council;reconvered at 9:05 p.m.) Validation Parking Program TaziiFin -..LimiLatiO,:xi=on Dis:i;n own Lots repot was':resolved from Committee No. 2 recommend- ing. that' the validation park. ng .pro,gram be terminated as of April 1, 19:62, acid that 'the; Six :lots now under validation be converted into free parking-with• a<twohour parking limitation. The committee further recornmended that the Council proceed as fast as possible to open up all the publie parking lots on a freeparking basis. It was znGved by Woodward and ,eco.,ued tion program be terminated as of'.April "' that the valida- par'ring lots now under validation be converted 2to free parking six. a two-hour. parking `limitation, ,as of April 1, 1962. P kzng with Councilman Byxbee stated that he is o ing. only the sip lots to fre 'parkin opposed to convert totslots my he o g; that he thought all the parking; should as . " opened up to free parking at the same time, an amends ert that the validation parkin He terminated as ai' April. 1.., . I96x," , . g program be carried by urcanirr ous;Voic,e. vote The amendment was seconded and A" motioxt was then made by Byxbee and seconded that all the parking ,lots in the downtown area be converted to free parking as; af"April, z„- 1.962; Auriisg the ,, nsui.rxg discussion Councilwoman pointed out that CO No 2.vsished to Diasof the who xra�ter ooi'ore'o make a further" study and Couzzciirnti peening up all the lots on a free basis,, i! n Cres .p noted that; while the the Council" ,proceed at � committee , r ast..as Possible to open up all lots on a c ecomrrxezztied free basis",. there` are t . `other,, t parking whichr;equzrc, tud e�r`s" involved such as employee there are'a.v e Y., sheCity Manager pointed out that: t3' of parking time limitations in effect on other lots and pe t parking on sortie lots; that it would seem that .7ulY 1, .i962 would be: a good time, and this would," zv , stake a change in the program g e orris for a -study of the various Questions -involved; that" the_lo:ts-, if converted to free controlled by". policing, harking, must be the contribution adequate, o :be made - by and consideration must be given y property g en to free parbir4 Pe y owners in the district if. g'':s to be _establxs.ti.ed on all lots. The motion to -convert all lots to free parking as of April 1, 1962 was lost "hy:niaJority voice vote. Resolution Nei 34$3 amending Resolution 2971, 1 , for free Dorking or. the six lots �� providing for N. and 0) -with o `' now under validation, ;Lots C, D, F, introduced, ) ith. a parking .limitation of two hours, was and -on motion of Woodward, duly -seconded, was adopts(:, b`( unanimous voice vote,' It, was also moved by Woodward , seconded and carried that the Council adopt the recommendation of Committee No. 2 lots on a free that it proceed a,. asfast as possible to open up all the public parkin . g Chan es _in Communit Centex SDace ------- �.-....,..�,�`l13oy Scout Quarters) A report was received from �--------_-._._.._ ing approval of plans of the Stanford Area oCouncil-Boy . 2 recommend- ing for charges in administrative space Scouts of facilities at the Co and troop zoom. Community Canter, ir. connection with the re- construction of fire -damaged areas, On motion, of Woodward, duly seconded, the recommenda- tion of Committee No. 2 was adopted and the plans were approved. A report was received from Committee No,; 2 recommend- ing that the .Council approvethe proposal of the Peninsula Transit Lines and grant a:• subsidy'6f 12 cents per operating mile for the period up to but in no event• past December 31, 1962, and that: the City Attorney ,report on the legal: consequences of this action. . Councilman Woodward, Chairman of the committee, asked the City Attorney to advise as to the legal aspects involved. The City; Attorney stated that, if the Councilis in favor of the subsidy as recomznended.by the cozninittee, he would recommend that he be. authorized to drafta contract and present it to. the Peninsula Transit Lines for ,their approval, : the contract to be returned to the Council for its approval. He advised that the contract should incorporate variousconsiderations -regarding `service and fares, a,td it should require that the books of the, company be open to inspection at all times._ He . thought it would be better to provide for they pa.yrnent by the City 'o . a lump sun- at the end of the year, based on revenues and expenditures, and not to exceed a certain amount, rather than to pay a .subsidy based on : mileage. The City Attorney advised that the term of the contract could be from April 1, 1962 to December 31, 1.962, and that the detailsof the contract would be worked out with the company. It :was brought out in discussion that the amount of subsidy to be paid would probably be around $1200.00 per month. It was moved by Woodward and seconded that the proposal be 'approved in principle and that the City Attorney be instructed to draft a contract to be approved by the Peninsula Transit Lines and to: be presented to the Council later for approval. c cc- ert-t,C„, 11'3/6 and Mrs. Dias. The motion was then carried by majority voice vote. During discussion objections were expressed by Marshall Committee No. 2 further recommended that consideration be given to thee• formation, of a transit district encompassing the City; of Palo Alto ;arc certain sections of the Palo Alto trading area, for the purpose• 01 operating a bus system, and that the City Attorney provide information: on the procedure required to establish a transit district. • It was moved by Woodward, seconded, and carried by major.ity,vocce vote, that the recomrnendation be approved in principle, ' and that the City Attorney furnish information on the procedure to be followed in establishing a transit district. repor0•Vas received from the Planning Commission unanirn:ously =reconinieriding approval of the application of William G "Eberle for a.vari-anee to pe rn%t location ar_d corstruc-ti.on of a • car.port.addition;at I7t5 Seale✓ Avenue, with a setback of 5 feet where 20 feet are otherwise required;;.subject to the condition that the present interior sideyard will henceforth be considered as the rear yard. of this'pa rticular property. It was moved, seconded and carried that the recornmer_da'. t:'ion of the P=lanning Commission' forapproval of this variance oe upheld. ' � y Fo�th�l�y ., gar it-a.s Scwe . o -� p.X.o�ect 5‹.).-10 reduction. .�i assessment ^ ordering reduct explained �;���� � and it w�.� C�aOLu«1059 i-1 trod;aced, anal ;cr dit.:pra3e.ct 59 .10, was a n*. �,E uircd ��.acau5e o an ssessment 'tio.. 40 is .. ,gthc d beak;e. o: this Cnxx.EGti0�1.;� ► ;e Gods a tO ., w i5 that a ount ,Assessor's cis as +o t the reage:tf t Pare l.. Onthe County cf Rodgers:, duly .parcel.. On_zx��Cic+xl° a.dopte by,,iraniznous voce. vote. 5 Fa _._ 1� ri m -- p✓�U $ Of��.w�et 1 '�.sa�.ati,+'�� ;�;o. 3'*'�2. Rc salutic�t ;No. 34635, a rsdin}� :and. it was exp 1 axn�:d th•a.t the ia7lle,admert is wa3..lTat� (TGL1� k Cly " between the bond xesolu'lon discrepancies C,he bo d resezi the necessary to xco^calGthe paying agent.. ted lzy Council a,rd the '.gyo act. nt b' }• a crt.. pxev aa?lt ;�riop w:ca for the latter was g agee City; and n e ;3,ank e S,. d .. e.soirde'd, the resolution Or 'motion o£ Rodgers, duLy s- Y by'uttanirnous ,,Oice ' vote l� im -£v='. I)a`�('e • - 'M=me7 - the G,.w_-_ ___ _ Attorney on wa,s.'re4eivcd,from the City • t e to a Al..wc.po..C.. gum of X223. 5Q for damage az..`'npht C.. Sev'y_ i:). the. s , s Water DeP �' sid,er fzl d le caused by the City d .,r at fxrosza ed to:h 5 19 Z. The City .Attorney advised charge s ae r,, ab ut :,T ,• � 5 1962. T . • r,t a proper hi Ux r�,,esti. J � n ho v the claim is he na�,'cox:cludel Council reject hi itiSt the , .. .. - fo: e -eca:rimended that tt. ; C t tnc G?'t•Y a;�d ihe_ agatrs .ts wn,.Y e'ty- ar. the claim i y requesting pex,m�y�� fr m Mr. , Se.v i of the lett�x' wa 3: receivt d e to appeal the denial,A.; cil at this tixY� to appear laefo e tYie Cr,x C. aixsi: his investigation, reported orted further or. Water do he C:1*y.. Attot �Y received fromthe W x' e po rt3 he had r , G �. W t c3.^.t? ah `Q�z , ext a d. Bt:i Building D p'. CxtY of t1ie. claim Y Departrne nothing was eIlst, n inert, . rgi iee i,a there that not. b wale byit w.as a s suM ed by the crack ir, the tide... which stated twat heb vO caused Y walk inxGP9 when �vo+:ld ha. feet: ixa, front of the p., OA' that; he cYi5L3rioe of 5� evY had stated his claim Theiid ty At a Y ex to inct a final ,.Drag' i ;�;Lto�neY noted. xY'a�.:t � • `• in order The C;itY The C oY the Sidewalk ell�.tl tore:?aar of the hour<;- was:'.com.p ar�d perxxcxt for cacc:t�pa:acy . responsibility. 0 :a;f, Attorney .c nPcompletion- dewy lk is t'he, r r. i ley' thproper e�� that aHe daxraagod a >c been cwxeT.:. He said that, the claim has a.• the'p"opext�l ,.1e the .City's - insurance ca Park, Pope Menlo resides at 39! pol' He M. : Sevy, w,hc support of his claim. the Cotinei1 at this time in ,. i Court in Palo teal w l ous.e. at; 2903 Se y inspection, xoval of the fin.; -,11 izt5P stated that he, had Iau it . ,, 1 of that he was forced M"an.d when he ,,asked fo'rP� pidew-Y. issued. ALtci la st use at he be t ey refused becausek a completion r,otica. ,, is uePar.t to said' the,sidewalk w:AS done when the City Water the side- walk ia�.the' g thedamage the sidewalk and under He s , d;,he..zhou� edge of t nd was not a tzcnc,,l'i:�lor.�the 8 ' 'that he though h red down._ wal ,dug of a �racex lateral., �t k ape. walk acte aan the, walk, suck do' and ;.a. crack CQY"�p'3'CteCl and late.: the, rr dcLlc of t; -.e wyL'c. After some discUssior& by council members, the City Attorney• ,advised th; t. he ii. satisfied with the investigation that;:' he recommendedf';'in good faith, that the claizn be denied and that the ,. • xnsurance; corpany in good faith denied the claim; that he thought the Council could not go. Further'without having testimony of all the people involved in the Engineering Department, Water Department and Building' Department. Councilman Cresap pointed ou hat itisunusual" for the Council to cozisider claims of this nature, other' than to accept the City Attorney's recommendation., as the Council .s not qualified to judge such matters, and that the claimant has the right to take the matter to court if he wishes to do so. A motion was made -by Rus, seconded by Woodward, that the matter; be referred to Committee No. 1 for investigation. After further discussio:n,'" the vote by roll call was as follows: es . Byxbee. Dias, Haight, Rohrs, R.us, Woodward, Zwerllg. Noes: Arnold, Bishop, Cresap, Debs, Marshall, Rodgers, Stephens. The motion was ,declared lost. It was thenrrioved by Marshall, seconded and carried by majority voice vote that the City Attorney's recommohdation be accepted and the claim be denied;in its entirety. Claim for.:Daxnages {Neva' Mead) There: had been placed" on the agenda a report from the City Attorney relative to claims filed by Mrs. Neva Mead and the California Union Insurance Corrmpany for injuries incurred in a sidewalk -fall. At the request of the City Attorney, this matter is still under investigation, the matter was taken offtth agenda Re uee st for Schedule of Committee Study Sessions A request was made by Councilman. Debs that committee chairmen submit an estimated schedule of committee study sessions on the following subjects: a) Traffic situations and solutions regarding the Bayshore Industrial Park, b) Yacht Harbor -Airport. Review, c.) City Hall Expansion or Relocation, d) Traffic at Schools on Major Thoroughfares, and e) Axnaril oPark Signals The Mayor pointed out that the committees are functionirg' in accordance with their assignments, in carrying o, studies and making recommendations back to the Council, and commented that it seemed to hirn that if Mr. Debs is concerned about the status of particular subjects that `he could call the committee chairman and obtain inforrnation.: Mr Delis asked for information at this time on the statue of .Item dLe Traffic Signals at Schools on Major Thoroughfares. The City Manager: advised that this is a staff project, that the signals have been recommended by the Joint City -School 1'raffic Committee and have been ordered Lade -a Dim P`rs)je^ct, Cot:rcilwo:r_ ar,. D asexpressed concert, over the fact that President .$t rIi'-g of,Sta.- o.rd is going to Washington to oppose the construction of the; I.wadera Dam, and asked if it would be advisable toauthorize the City' Manage= to go there also to present the City's :vie-ws i ..fa,vox of the project. The Cary Manager advised that he has no further iriforrna- t:ion except what. he:.has read .r, tnc papers: that President Sterling - went, first to ttte Gove `%t or and asked for aid in opposing the darn,, and that Star..ford has 'asked the' San Mateo County Board of Super- visors and the Sa;rta C1:zr,4 County ;Board of Supervisors to look at _ the proposed Site and to make- further studies of alternatives such as channel Widc r,'ing 3 .:d -lining. The City Manager stated that it win be difficult to get ;approval. of the project and the appropriation of funds fro,ry Cong e5.s if the two counties lose interest in the project rind:if interested pa.rti,es are sp it, He commented that the Corps of rngireer,s has the final wu4..ho'rit:y on the design, of the project, and- they :have made 'ro ind .ca rro'n. to date that they would like to modify- the plans The- City Manager _ advised that he would like to see the ,project proceed orz. . progr ir- basis where matters could be resolved along the way; trat i,t seems to be a question of liningthe creek vs. the darn He said that he thinks if there is to be a,zty direction as to a:fu-tiler presentation of the City's case, it should be given by the Council.' After discussion, it was rnoved by Councilwoman Dias, seconded ,and car_'ied that the Council ask for the same right of audience as the oppositior.. • Actirg'Chairr'iar� of Committee No. 4 The Mayor. .Ppoi�tedCouncilman Rohrs as Acting hairman of Corlrruttee No: 4 during the absence of Councilman • 2;weng.' who will be'_,.wav from the City for five months. Water Prog .any _ Pun1'j7 Taxj Cou cilmm.r,, Byxbee expressed corcerra over the propost.e• . pump ta.x to he.ip fiery ce the irnporta.tion of water into Santa Clara: C'.ounty., Counciima n Rohrs the City's representative on the County Water Com.rni or advised that t.l- fo � t :'"li IU. so financing the program ab s not yet nc I, { t� . Lt 7e'.0 f; .; t ( "itiZ �._7 �.. .Y. S TO be given Yi a l study by thc'. C;G zzrrtiw :u <_r o'. L t toot'' a ' tr as He knows the proposed pump fax wo ld not apply to the of Palo Ai,to, tit c baii e `i:t� {c : bl,s1 ess ;.o come before the the >,nlee tit. �� i:; de( djot.rrec at 10:L0 A P R. o v E: : �•�- v»�-~<j� i2.� r wir:.� Ur