HomeMy WebLinkAbout07231962City Hall, Palo Alto, California
July 23, 1962
The Council Of the City of Palo Alto met in regular
session o f this date at 7:30 p.m., with Mayor Haight presiding.
Roll call as follows:'
Present;'Arraol.d, Bishop, 13yxbee, Cresap, Debs, Dias, Haight,
Marshall, Porter, Rodgers, Rohrs, Rus, Stephens.
Absent: Woodward, Zweng.
The minutes of -the meeting of July 9, 1962, were
approved as distributed.
Projects 52-13 and: 52-14, Cross-
Annera'ti.on to Combine -Districts
This was the time sat for hearing on Resolution. of
Intention No. 3532. to annex territory to Parking District, University
Avenue District, Off -Street Parking Project. 52-13, and for 'rearing
on Resolution of Intention No. 3533 to annex territory to Parking
Dsstric:t, University Avenue District, Off -•Street. Parking Project
52-14. The Mayor announced the.L the purpose of these hearings
is twofold: a) to determine whether the public convenience and
necessity require the existing improvements as to the property
proposed to be annexed; and b) to determine whether the property
proposed to be annexed will be benefited by said annexation. The
Mayor advised that any one interested may therefore address the
Council either on the question of general public convenience and
necessity or the benefit to the property proposed to be annexed.
1t was reported that the City Clerk h.as received the
following communications:
Protests to the proposed consolidation of Districts
52-13 and 52--14 frt rn the follarving; S. M. Marshall, owner of
75 feet of frontage 4r: University Avenue: adjacent to the President
Hotel; H.'Howard .McCul.l.y, owner of property at 412 Tasso Street;
Mabel, V Kerr', 565, Hamilton'Avenl:e; C. P. Litterer 556 Lytton
Avenue,; and .Palo Alto Masonic Temple Association.
Letters ,in ,favor of a consolidation of the two districts
from James Armstrong,' owner of propert-y at 418 Ritmona. Street
and 425'Bryaz:t Strt..et; and from Wells Fargo Bank v.:iirh holds the
property at 310 University _Avenue in trust.
The r�,tbl1 hozsring was declared open. Mrs. Plor.ne
O'Shea .,asked 'for, u::2. Lxpf=+.T tion of `,h< project, r;.3 the Mayor stated
that the purpose w i .to C ornbine the two p,t:'kit'l:! districts, 52-1.`..c and
52-14,into one taxi 7^. district.
Mr' Joseph O'Donohue, Executive Director of IDowntown
Pa,10 Alto Inc., addressed the Council in favo- of the conso).idation
of the two districts, and :filed letters ;: saopo:`t of l}1,s„ onaolidattor
['torn ow of o
owners the :o:l w.^;g-pL0 Pf .',� ie;f 1n Pa ;`kin^ 5t 5� -1^i:
391
Khrg Associates, 424 University Avenue and
459 Hamilton Avenue
Office 'Building at 261 Hamilton Avenue
Cherokee Properties, 538 Cowper Str+ret
Cowper. -Lytton Bu tdxnh
530 Un.iversi.ty Avenue
:,'Hare.. Brewer. & Kelley, 525 University Avenue .
Frontage on University Avenue between Tasso and
Cowper, and frontage on Cowper between University
and Lytton', site of proposed United California Bank
Tower Building,.
Fred S.• Eyerly, 55'0-552 Waver.ley Street
Cakley.Fairview Company, 540 Bryant Street.
Alfred E• Wk rry„ 383 University Avenue and
419 Waveriey Street.
George Lidr icoat,. 340 University Avenue,
Mr. O'Dor_•ohue;advised thatthe ahove properties which favor the
consolidation Of the' two distt'lct's represent atotal ,assessed
valuation Of $885, 358.00.
Roy R. tvia't:oney.. Manager of the Palo Al,tc Office of the
Pacific Telephone and Telegraph Company, filed a written protest,
for the`Cornpan•y which owns properties at 420 Cowper Street:,
529 Bryant; Street. and 345 :'iarn1:ton Avenue, all in Pa`Yking District
52-14. The telephone `company properties repr•esc!nt an assessed
Valuation of 87,000;000,
the ;�C"`�i. r'1:�-{Y .!s t«• -' S'
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report 9 t nai �ieCt nCo e, subject
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advised.
t M r Y has the right t o t h e application
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carried �, T discussion, to re -apply oraaz lot is
After
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e by Ro! Ts
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of
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committee were present this evening and were prepared to answer
questions; that: he hoped they would be able to attend another meeting
of Committee No. 1 and alsohoped that more council members
will attend the committee meeting when a full presentation of the
code will be made.
Utility FactensJ,.oz,��9v,k' the ! s
A report was received from Committee No. 1
recorz mending c,oirxm,enceinent. of engineering studies to extend
utilities to the ,Foothills Area to serve the Burns, Dahl, Blair and
Ligdaproperties,, preparatory to establishment of an assessment'
district for this •purpose_. The committee advised that the staff was
asked to present a re.-confiarrnation from theproperty
involved as to their willit r�ess to tiht owners
g pay for these utilities.
Cotincilrnan Bishop, Chairman of Committee No. I,
stated that the committee had considered a request. from Mrs. Alyce
Burns for extension of ware- and sewer facilities to enable the
propertyto''be developed. He noted that two main, problems have
delayed the extension ,of 'utilities to the area: I) the need to
determinethe closestand most direct route to serve the area
since at is not practical to use Page Mill. Road for this purpose,
and 2) the fact that the size of the facilities is dependent upon the.
use of the ,land and no fin a.l;dctermiration has been made in this
respect.
It was moved by, Bishop and seconded that the Council
adopt the recommendation of Connrnittec No. 1 for commencement
of enginctring studies to extend utilities to the Foothills area to
serve the Burns, Dahl;, Blair and Ligda prop(aeies, preparatory
to establishment of 8r'as,sessrnent district for the purpose.
fir. Burns 'a.ddressecl.. the Council on the matter, stating
he would like to Make a, proposal, to the City; that: the property
owners in the area who wish to 'develop their propc,rty are ready to
install, the utilities at no coat to the City, and would like permission
to ,proceed„` The City. 'Manager advised that Mr. Burns has not yet
subs tted a,letter to the effect that other property owners are willing
to pay,for utilities that. fi e n ;Mr. Burns' statements to the Council
tonight he. proposes formation of a private utility> and that he has.
Buz•ns that this' would be in violation of the Charter ; that afrarchise fora public utility can only be granted by the people'
of Palo A'to and not by.the Couneii. ?he City Manager stated that
the property,owncrs inthe foothills area have a right to he served..
with. City utilities when they. are _willir•g to pay for the mains, and
that it --,is not, out `of o .der to have them make a re -confirmation of
their willingness to pay for the utilities.
Councilman. Debs questioned the advisability of proceeding
with stud2es :for .utility; extensions when plans for development of the
•foothills have net:been coriplete.d; and thought that, engineering
•
studies at this time; would be premature. A representative of the;
Corarnittee.for Green Foothills, who gave his address as 2243: Greer'
Road,•
spoke in behalf of,this' coinvi-ittee objectirg to utility extensions
in the area before there is, a, pla.n for the foothills.
After discuss on. the :notion to adopt the recomrnendatiQrj•
of Con mittee'No..1 for'eornmo.ricement of engineering studies to
extend utititiestothe. Foothills area was carried by voice vote,
Debs- voting No, the motion being ,tarried with the understanding.
that the .studies•:would not be started until the staff has receiver
a re -confirmation �frrr- the property owners .involved of their
willingness to pay for the' utilities.
Site Planrex for Municikal Services Facilities
�1 report was received from Cornmittee No. 1 advising
that.a' s'e.lection, priority i-a? ;to•a' bear. established for a site planrer'
fo rzun:cipal. 3e.rviees ;aci iteeS, and re.cornmerlt ir.g that the
Staff. by 'au:t.ro.rized to riegoti alL, a contract; also recommending
mmendin'g
that the scope of the eortsiilting Services as previously outlined to
applicaratt..be in.c;orpora.t-e•d in -:the contract with the additional
inforznation that the p,-oposec facilities may either consist of
separate' ba ldings:o-r. be combined in one larger building.
\�t�t1nt tYYii.1 .+iShort) advised that .it is the intent that.,
.following the -n`ego . tions, the. riontra.ct containing the scope of the
work `and iht.,'natrie of.tri: consal.tir:t. fire will l)C presented to the
C.oLincil for approval_`astie3 execution.
A: was: rruive,d by Bishop, seconded 1-)y x yxbe.e, that the.
recomxnend,ation of the' committee be adopted, ;.rd after di,s.c.ussio.r1
• "" lotion was cat rind by ;,ieaeir-tou , voic,c vote:
1r answer to a '1,,e•stior, raised by. Councilman Debs,
the City Manager advised that the site planner would n'fa;ce progress
reports and atseuss•his tiddi s with the committee at a,pproprta'e
tir`.ies.
Amendment_ to ?ori'n� Ordir.ar.ce Sec li 20
.. 're -port was sult,rnitted by Corrtzxmittee ;No. 1 recornrnend-
ing adoptiort of tile- pro_po,tied ordinance mending Section. 8..20' of the
Zoning' Ororna ce.reg;ulat ng,`tlie building height limit .ty. R -3-C;
Districts where aouttirig 'single, f.atnityF residential properties.
Ordin.2nce No. 2085, arneriding Section 8.20 of the
Zoning Ordinance, was given secor d reading, and on: motion of
Bishop, duly seconded was adopted by unanimous voice vote.
. a e C 6.O r 1 t ;t r r�.: 2S1aSi'•" e s: r:,� e3 &.,'o r nS s)
A reportwas received from Committee No. 1
advise that it ,has -considered the r T G aenther,
advising letter from George H. �,
520 Miranda. Green, reg..r,dfrig rise. e,mente and distribution of
costs for the emproven'c-t. of Miranda. Green %Project. 60-•1}, and
that the staff, has been aske'' to reehe.ck the cornput,.tions 'and report.
directly to the Council.
A writtert report was presented and read by Kenneth I.-
Jones.,of Wilson Har.zfel.d,•.Jones & Morton, the City's counsel on__
the prore.edin.gs, in -behalf of the: :staff which had checked the
computations and reviewed tb.' methods used in spreading the
assessMents. The staff receeee fended that there be no change in
the spread, advising that- it .bas found the methods used in spreading
the asses- ri- ents' to be conSi.stert, with the practices used in the City
for many* years past. The report_ contained detailed information
297
and facts oo which the'sra;ff's conclusion was based, stating that they..
b< lhevedi.tl,e me thor, of'handling the acquisition portion of the project:
to be entirely reasonable and the- resulting costs properly spread
in proportion ,.o estimar?d benefits. The report also contained'
information on the methods used`ir., computing assessments ¢or'
the improvement., and included 'comments and explanation of the
question's raised in Mr. Guen+her`s letter. with an analysis ofthe...,
assessments or. Miranda Greer..'pxoperties. "The staff advised that
the analysis shows that Mr. • Guenther has been a.ssessezl nothing' fcr
land acquisition- invoived in the development, and has been ;assessed
no more than his fa..r share of the cost of improvements as
deterrai,"ned by e_stablishe d methods.
Mr: Jones ; .dv ,E:,d';,hat copies of the ;•sport, would be
furnished to`:Mr. Guenther, and other property owners on Miranda
Green.
A ltheubh the'lieai i.r%g on the matter has: been completed
at a previous r21ee ii s g Mr.
requested '' Guenther w �s permitted to speak, and
that he not be charged anything for tr,.. +
street which t y L' extension of the
�4 of,no benefit to him.
It -was moved by Rohrs, seconded by Porter, and carried
that the add;i.tional':rformatior� and detailed report furnished by
Mr. Jones and the staff be ra.ceepted, and that no change be made
in the assessment's.
Proiect 60-6. Arast.radero Road et it
The Mayor announced that the public hearing on Project
60-b had been held and closed at the last • e e,tng, and action on
the matter had been .continued to this date: that there would be no
further public hearing tonight.
Tho Mayoracltn wicdged. rct',er .£urthcer protesting the
Arastradero Road project copy of which had been sentto each
council member., signed by.. Walter C. Pctitdicher, Edward G. Vierra,
Jane G. 'French, R. W. Mowday a.nd John L. Silvicey; also lcetter. from William Weyer, President of Green Acres r MNo. ->
to the methodod _ objectingn assessing oi•ope�Ty owner; on main thoroughfares
for street improvements,. and a telegrarn from united Palo Altans
urging that the project •of widening and improving Ar:astr,adero Road
be postponed until a. c2ty-wide Itafftc plan is adopted.
M The joint report from the attorney and engineer on the
protests was read. by Mr. Jone.s, special cout e, on the proceedings. They had
analyzed the, protests submitted at the hearing,
the protests on the Ar.astrade.r.t> Road„por.tion of the project represent-
ing 31.4% of the total bind area in the assessment district.
The report also contained r.he information that the protest
on the Laura Lane portion of the project. , which was signed by seven
property owner's, is a tegac majority protest as to this portion of the
project, and sh.oilld be. treated separately from the Arastrade,ro Road
portion cf the project.
In re4ponse to, a request from the Council, the City
Manager presented '4 chart. on comparison of street improvement costs between the .Arastt-ad
• e"o Road project a.n,d previous projects. A copy of .:the _rltar, t on co::-eplrade costs had been. sent to each
council member:
The City. Manager advised thatthe staff recommends
that if the' projectg•oe-s ahead; the Council approve the City
Engineer's recornmendation that the City assume the additional
cost of lighting and replace without cost to abutting property owners.
sidewalks, curbs or st eet oavtr,,g where the cost was previously
paid by the owners. This •.voutd reduce the cost to the district by
the amount of $22,500 and increase the City's contribution to the
project the same. amount.
The City Manager stated that the staff has explored
the insta'llation of underground ottlities: that the staff felt it might
confuse the issue,to discuss the feasibility of underground ut litieK
at this time, but if they are to be pill ;n, they should be put in at
the time the street is being reconstructed. The City atilanager
pointed Out that since the area was annexed three years ago. the
City has -Committed subst.a.nti.}1 amounts of funds for development
in the area., including the swimming pool :.;t '1'e-rman. Junior High
School, a fire station and substation while taxes collected in the
area for the two years in which taxes have been paid amount to
565. 000.
It was moved by Byxbee. seconded and carries, that the
City absorb the addit,ional cost •fo' lighting and the cost for .replace-
^iient of; sidewalks curbs : na paving ini •,vhere cost was previously
paid by the owners, thane, increasing the City's contribution to the
project by $2Z', 500.
It was rnovc:d by-Rudgers, seconded by Byxbee, artd
c;ar.ried.that Laura .1,are be deleted from the resolutions to be
considered and t:reat.ed, separately.
y
Councilmar, Debs objected to taking action on the
=project of widening and .improving Arastraderc. Road before the
General Plan is ccnip?eted and approved.
Resolution No. 3536 overruling protests on Resolution,
• 'o. 3496 of Preliminary Determination a.nd of Intention, Arastradcro
Road, e. al. excepting. Laura Lane, Project 60--6, was introduce d„
and, on motion of Byxbee and S.odger s , was adopted by vote on roll.
call with 12. Ayes; Debs voting .No.
Resolution No. 3:39; determining convenience and
necessity, approving Engineer's report, confirming asse;ssmen.r,,
and or•drring woric. wa> i.-ttroduced. Mr. 3oncs read the resolution,.
c.dllin ; attention to the ttndir..gs brought out in the resolution.
incl;iding a statern.•ient as to the City's contribution to the project
and deleting,referenee to Laura.: Lane.. It was moved by Byxbee,
seconded and carried by vote on toll ca.11 that the resolution be
ad:-*pttu The rail: call resulted in 1,2 Ayes, Debs voting No.
Resolution No. 3540, determining that the public interest
and necessity require the ;acquisition of easements for public
improvements.; was introduced,. and on motion of Cresap and
Byxbee, was adopted by vote on roll call, with 32 Ayes, Debs voting
No.
It '.yas moved by Cresap, seconded and carried that
action on the La.uz•a -Lane portion of the project be continued to the
second meeting in September, 1962.
(A recess was taken at this time, 9:55 p.m.,
and the Council reconvened at 10: 10 p.m.)
Councilrrian Woodward• arrived at this time and was
present forthe rest of the meeting.
Furd Transfer Project 5: -5
3541 'af Intention to make Fund "1'z ans er:
Fte,s�stu i'an No. w,3:, introduced., on:
Project 51-5, San Antonio AnnexSewers,
motion of >r"3. yxbee duly seconded, was adopted by unanimous voice
vote.' This resolution fines August 13, 1962 at ?:10 p.rn., rS
time for.'rearin; ,proposed fund transfer.
;w rind Transie_ r x�_ra,�"c t 51-1 S
Resolution. No. 542. of Intention to make Fund Transfer;,
pYoject. 51-15,
Loma Verde Avenue, et al, and setting hearing
£o- August 13, 19b'L, at 7:30 0, p.m., was introduced, ana on motion
of Byxbee, duly sect> ld.ed, was, adopted by tina.nimous voice vote.'
Resclutio lNo X5.1:3 determining surplus and ordering ,
reduction of conti-iUu"ion ara fund transfer, Project 5:3-1,
\vas .i; tr-odtic.i,,d; ;arid on,mo i,ryn at Dyxbee, duly seconded, was
adapted by una.nirnous voice vote
7 Sewers
Foothills Annexation No.
�=
Resolatign No
..3544, 1a44 and ordering
ax,,�ect a9- 10,
reduction of city contribution and fund transfer, w i�o e t 59- 1ed, and
�"uure�l! s Annexation No L San , �rY Sewers, wasadopted by unanimous
r r x'b.ee,. duly econded,
on motion o. By
voice vote.
The Cciincilnow recon.sider!d the re5olt bons adopted
earlier during, the ane< ting relative to the cb'nsolid;At on of Parking
Districts tit -13 and 5Z-1.4. The attorney reviewed the filedheaeainlgPr
and the protests and communications which ha .ad been
in this meeting, advising that becat.se of the majority protest,
twelve affirmative votes are required to proceed with the consolida-
tion.
No. 35 5' , or
the >�.nnexat.ion of territory
Resolution r,, Resolution No. 354b!ti,
to AAsse:�s:ner>.t District, Project 52-13, and 545A, Project
ordering he annexs.tton of territory to Assessment District,
5Z-14, were reconsidered, and on motion of Porter,
duly seconded,
were adopted by roll call vote with 13 Ayes, , y' not
on the motion.
Sister-City Program
Councilwoman Dias reported on the Sister r -City program,
referring to a progress report she made- t.o the Council on June 11.,
1962 oprreern.ing-a'proposal which had been riacie to the City of
Oaxaca., Mexico'. She advised that Oaxaca apparently does not
desire to .:off Bate, with Palo Attoa , a sister -city and the proposal,'
was not .accepted.
Mrs. Dxus reported that a letter nas been received by
the ? ayor f:rorn the Mayorof Palo, Island of Leyte, Philippine
Islands, proposing that Pato and Palo Alto become twin cities and.
inviting the Mayor or a repre.5e;,tative to visit Palo during its
observance, of• the City's 365th birthday on August 6, 1962.
Mrs. Dias advised that further i.nformat,ion had been obtained.
regarding. Palo which has a population of 35. 000 to 40, 000: that it
is a progressive city with one of its major exports being hemp.
She told the Coznc:il that the spec.'iat Committee of which she is
cl•rairmanhad considered the n„otter and recommends to the Council
that Pa1.o Alta join with, the City of Palo in the Philippines as a
sister -city, and set up a program to be administered by a citizens'
committee•.
It was rnovcd by Mrs Dias, seconded. by Marshall, and
ca.rtied that Palo Alto bec;orr.e a sister c ity of _�a10 Island of Leyte, _
Philippine
Vacation; of $t.ree; Mayview Romesites
.Or,'din.ance No. 1086 of intention to vacate portions of
an unnam,ed.city ' trcet; in Ma v.cw cn site:; was introduced.
.A, map was. di -'splayed snowing, the land to be vacated, and it was,
cxp?arued-that the';e• po"taons of d Street which had never been used are not needed for ane street to be opened in Mayview Fiornesites
in connection with Project. 60,,,1 , The proposed ordinance provides
for a hearing- to be held on August 13, 196;:. at 7130 p. m. on the
proposed street vacation..
•
On motio,i of Byxhee, duly seconded, Ordinance
No. 2086 was adopted .by unanimous voice vote.
,Amend. _ _ .
Ordinance No, 2087, amending, Section 16.08 of the
Zoning Ordina.nceestablishing a procedure for extending time limits
in develo rc.:ent schedules o�
to in C ,Districts, was given second
reading, and.: on motion. of Marshall, duly seconded, was adopted
by majority voice vOt't. 1)ebs \,otu g No.
Pals A'1't _,Munis.oal Code
Ordinance No 208.8, changing "Codified O.rdinanc;c.
Number Fiv'e" to the "Palo Alto Municipal Code was given second
reading; and on motion cf '.�a.x shaIl, duly seconded, was adopted by
unanimous' vojc'e vote.
Amendrnent to P. A Municipal Code
See . (J3. .133 il:.aro a.nci. Foo;- Rooms
Ordinance No. 2089, amending Section 9.03 of the
Palo Alto Municipal Code° rtgul.ating Billiard and Pool. Rooms, was
1.kw.�w11
aN-
given second reading and on motion of Marshall:, duty seconded, was
adopted by unanimous voice vote.
Cta m for Daman• s. t i.aznb'
A. report -was received from the City Attorney on the
claim. of'Cliarles'M ..arnb in thesum of $50, 000 for personal
injuries sustained while a. patient at the Palo lta-Sta.nfo,r.•d Hospital
Center. The C:tyy Attorney advised that from his investigation he _
•
has concluded that the claim is not a proper charge against the City.
Can-'Tiu,t ot'�; Qf Porter -and Marshall, the City Attorney's
report was-aCeepte:t arid the,..claixri. was rejected i,n its entirety by
una.riimo'us; voice` vote`:
Claim for Darrta es %(Atkin+_:sJ
A .A c_port'w s rnadie by..the City Attorney on the claim
filed, by John::Vie.'frS,.:-guur iian. o. the -children of Della Atki2'1s,
deceased, ir, t}' ' sum'Of $1'0'0., 000, -for the wrongful death of Della;
Atkins` an, a,r., x tt:ersect:iCn aC'cidc;lt at Middlefield Road and Oregon
Avenue; or M y•14, 196:2. " The City Attorney- advised that he hard
conctti ed i.torn" h 'a investigation of the case that the claim i, not. ,
a proper charge against the City.
On motion 'of Byxbee and Mar shall., the City: Attorney's„: -
report wasaccepted and the claim was rejected in its entirety by
unanimous voice vote.
Petition of Initiative Case Fletcher et al vs. Porter et. al)
At'tree .1 st- meet ng the City Attorney reported that ;the:
State Suprexrrc Cou has deni d:'the City's petition for a hearing,
on bids t a:se and that the judgrn'er t of the Superior Court now
becomes final; that the -City rnu.st comply with the peremptory
writ of Mandate and either enact- the initiative ordinance or submit
it to a vote 'of the people; that the signatures on the petition vtere
in the process oi<heing checked and verified. The Councilhad con-
tin ued action on the matter to this meeting pending verification' of
the signaturee. o»`the pet.:ition.
A, r:epor.t ;was received from the City Clerk certifying
that the initia.tive,peii,t.ion contains the signatures of qualified and.
registered electors in excess of 20 per cent of the entire vote cast
at the g,eneral'Iriunicipal election preceding the filing of the petition
Coun.cilrnan Porer reported that the defendants named
the suit recommend th;Lt the initiative ordinance be accepted for
first` reading .tonight unless ;an election could be delayed until the
November 'general election; that they felt a special. election should
not be,_held so close to the date of the general election, because of
the -cost of a,special 'election, Mr. Porter asked Councilman Debs
a.s 'a former plaintiff.: in. the suit if the defendants would tie held in
contempt of court if.the .Counci! decided to put the ordinance on the
November ballot: Mr. `1'De!is replied that r'. thought there were only
two possibilities;: that the Council must either pass the ordinance
as'it stands or call a special election within sixty days from July 11,
196.2: Mr. Eldre.. To' bbs, :one of the plaintiffs, told the Council
there is no alternative except to pass the ordinance or have a
special �lectin.n.
It was moved h., .
initiative ordinance- - y Porter, seconded b
aznetiding Section byArnold, that
Coci,e bo accepted `o"f%a. st rettdin 25 i . 3 0: gat Ghe
the a question
fr E
the Mayor, the City �• In answer to a
Attorney advised that the question fxonl:
have secor`d r,
havey days t,re ding on August I'3, 1962 and world be�eff ece ffective
aftvz
fib rdad"zza was e The Motion to acct r t.
�xc d no he ordinance for
by unanimous void vole.
It was:moved o ~x
ordinance be re,e ced d lh=sorter +sand seconded that the initiati.e
forreview of,:the provisions special c orrlr:ltter;! on' proc du: eS
o' r of the heprordinance �, «f,t e orciirance, pointin ;
study
ay of the to would :riot affect i outthat
hook + t5 passage but r
The n7otion -was' at it for the. long -tern -2 nt . t that it would''
GdCJ 1 d, Councilman ��rf Si of the City.' of the ordinance to t:-?� Delis e+i�,s> '''
committee c red to reference
�• and voted No.
3t_anairn Co;
The; r�,avor announced that he has
Standing Committees l Ca.y of the
with ing Ciiman t t- Council for the reappointed .he sane
Bishop fiscal year Ic1�, Co
man Woodward as c.ha. as chairman of Commit -tee i*
a m.an of Committee z .tc `'- fib, I> Council-
3yxbRe as clzair�rnan of No. 2,
Gorti Witte , 3 CouzzciirxZw as ctla.irxna.n � No, .�, and of Committee No. -� Coto" Counc.ilrrsan ervin
as actin chairman �� � nc•ilr.,ar
rr.ttr.rns, ar'� of C ci't�a.'1i +.t,c,i, "b<i,• , piohrs serving
iir�tk, CWi..:*ici?mu,r, 7werig �.
T'ht lMa.yo:r advised 't but ,�
with. the c wc7uic
and it W Cot/zac. 21's approval W, V .
terStrorr> z.,ro' P
each for quis, as jrte.:�:t,c,;;., of tilt' �t
d these �� four-year term. It was moved,
d
appointments hc. corfirrne,2
'a_�rd gta:o'nt,t7tc�,^ w
The Mayor
Strong; as'men�hers of
the City o:' Palo .:'1.It o,
terYn. It was rin>oV d,
be confirmed.
ike to reappoint,
Harry M. {iznt '
Bali
.:LI•Iilr�• C. tranission.
seconded and carried.
no lf..±.ted Gordon Smith and ;("wicodo
t:c ?3c3ar d of Hospital TheodoreK.
spita,l, Dir ecio s representing
for r r�'uppc�:r,:tt it .nt r cc
each for to three-year
carried that these, appointments
----�^�t.:rtdatit�ris
� Track l�'tC-ci
Tne Y p,.oposed that the Cot eil adopt a resolution
of conme datiori to Alfred R. ;Tasters
at Stanford,
Charles y Director o
and a r. Taylor., Assistant
f of this s
i Payton Jordan., Track Cort h Director
Tai ec for of Athletics,
track yto hold at the and D ector of thfor e bringing,ye Stanford Stadium o;, d r.. S , 1962 , R ,
the n�rc-:r her and for ,:..l�r 7 1 and lgb��
in 'which the me was :.- the exec l h.7t and. outst:andin6, way
in ' hisuccess h of this s sla Yr,
,ta ,.d:=artti managed. ;':i4 Nayc,r doted that
event wa,s a lre.r credit alit to 1"'ai.c� Alto and Stanford.
The Mayor 4t (;W ,u c sted that the
cr_nzmendattohe yorru Police Drs C;
Patrol ar,,d the on t Sheriff's .. 1 California
Department, the � pass this
aff s office of Santa Clara Ca,i.frirria goodjo
they
perf'orr•zed in handlir, .. County for the the on the days of the tracknmeet.
i�Lc:yO '� sail
semi: r the;
p involved. letters s of commendation be
It was moved b
Y' 3yxbee seconded and carried.
fi€'esi:zors. be adopted and ;?gat • » -.
people . taat the :.
i;The Council then took a recess atthis time,
1Q:4.5 p'. ri. , while it rnet in executive session
w;it'h r e_ra.bers of the Planning Commission. and
City'. s:ta€f, to discuss the City's contract with
Charies Luckmar.. Associates, :tnd particularly
a x. c'omrnendatioxm that the specified date of
completion of the contract be extended and review
of :..uckman:'s request for additional compensation.
The Council t.her+ reconvened in regular session
at 11:15 p. rn. )
Luckrnan Contract fo Pl:+.nrring+'rvice ..
A repo`x't was remade: by the City Ma.na.,g er or, the work of
Charles Luckrnan Associates on. the General. Plan for the City of
Palo Alto. He stated that some time ag,o Mr. Luckrnan advised him
that hewas stopping all wc.rko.n the General Plan until. matters of
differences between all interested parties could be resolved; that
Mr. Ltickrna.n had a number of:lttestiors and a great deal of concern
as'to the delay,:and asked that, the Manor, City Manager, City
-Attorney, City Planning Officer;r, ;and Ch.;urrna.n of the Planning
Coznmissiori meet with him and members of his staff ..nd his attorney..
The City Manage reporz•cd that these: officials met with Mr. Luc;kman
and his staff end revi,.• tad in detail quc:,tiorL) of concern relative~ to
c:oinpletion ofthe.pro e r• A:: a result of the ti Mr.
.:a -' ..� meeting' n�; 1,,sckrz an
adviSed'us that they,, would return to their office, review the discussion
whi,'ch was' held s.rrh representatives of the City, and state their
position with'%respeet to the current status of the work.
hf Cie : anager. advised that he had received a letter
,from Charles Lta k,inar,'r"tssociates in which they stated that when the'
,contract wits, Made' .February 17, 1961, in their opinion there. were.
• certain_ fund. rr^erital. ro eepts involved which have not obtained in the
'operation of the, turf act, One was the specified time period
relo.tive`to c.ornpltti'ctn of''the: University Avenue Plan and the General
Plan T yof
'They' 'firmed the:« ec:e'ssi.ty that was p1accd before thorn. of
int;=u;ith..ather,; e� bodis,
'niee p ar'ticu+.. -ly the Downtown Palo Alto, Inc,
Steering :Cornruiret, ire :deve 1, pm' rit of that particular plan. They
mentioned that: n the' eou: se of the contract_ there w:as the appoint-
ment of new ptarni.ng:: ornmiss oile-s and the fact that the Master Plan
be'carne a major issue in,the last.,elc-ct.;or,result.ing in the requirerrei t
that they: spend additional time in c1:.rification of certain aspects' of
the Plan.. T'aey stated that. during the closing stages of the develop,
went of:the Un.ve.rs ty A^enue Plan, they believed t'r.ey were
r;equir.ed to render servicesfar in excess of those contemplated
under the origin, ` .4 :.cont':•act', They were concerned that. the payment.
of additional cor-pc nsati:on,whir_ h they understood was s to be made to
then has not beenmade.
CharLns Lu.r nman Associates advised 'he' Clay that having
reached this stag,; and having £atled to reach a mutually acceptable
under:standing , they':.'are faced with two. alter -natives: 1) to continue
work with flo'app'arenr ii.n-mit. t or'on the amotInts required, and without
additional nayrrent;for sums already autl:orizect h the City Council,
2) to cease work ,u'tril.the; contract could be modified or amended
to.conforrl to conditions which now exist. Charles s_,ucltiman
Associates further advised that reluctantly they took the latter
course. T hey :propose that the project be completed under the
following terms
I) That the_ additional $3,730.00 wr1ic-. 1. they claim is
outsta.ndi:'g anc owing to them: on flit Downtown Plan be paid.:
Z) That the .'General Plan be completed, within six 'month
from the date' of further authorization Yv i.:-ocecrd. They propose
that the addrtio lit1 effort on the part of Charles 1.uckman
Assoc.iatcs in finishing. he, Plan, over and above work already
Performed, s _d £•.be_;;paid or on the bash of Z.8 tin.c:s the
direct labor reri,tLrs ta'to complete. the work, not to exceed -
$22. 300. 00• th it additional reimbursement for travel. and sub-
sistence be: paid, at cost:, hut not to exceed $3.100.00.
3) That in t.h vent the six months' schedule cart.not, :be
adhered to, dueto no fault of Cl:arl.es ?.,ucKix:an Associates,
another six m nt.l s' period s'r.oulcl be set for completion aria
additional Ser7ices paid for r.l ring that period, but in no even
suc.h:adc,;t.ional conypensatiort to exceed $'.5, 000.0J. and re-
r,znburserrnent for a.d.ditio i:l travel dr:Q subsistence :lot to ,;: X C 2 e d,
$3,-600.007 .
The CityMarta er- advised that, he has reviewed the proposal
with members of *:;...he staff and members of the Planning Cornmiss.ion,
and. as a result. advises:the Council, tnat unless Charles- Luckman
Ab:Sociat€.s are willing to complete the titian in conformance with the,
contract Whicl, they entered tn?_o wit ii the C itv , r he l e appears to be
ro atternative other than ternain::e ior, of :he contract for convenience,
Ltickrnan's convenience and Palo Alto's convenience, and authoriza-
tion to ti,'e staff to complete t.h. General_ P1, -,m •.vorkrr41 with tht,
Planninu, Corrtrni,ssion, The City Ci.t`y \,a'nag(-1 uo.•;t.d out that the Planning
Officer and 11s staff have full knowledge :,f the work dons: by iz C a:ree:>
Luckman Associat:es, to date and to bring another outside firm in at "
th,s date would rnear: tll,atwe would -: ,vice to pay for a great deal of -
dupl:ic_ati.on;: The basic material 1s there for completion of the plan,.
The City Manager stared that he is re,•le.rct. ynt to make these
recommendations but believe; the t_.ticktnzu1 c. orrespondence leaves no
alternative, If Mr,- Lucke- ar is not able to complete the project under
the terms and ..condrt.rons of the exib'inc .,grier'rient, the staff and
Planning Corn,mission have no :ai.t.ernative other than to recommend
that the contract" b r t.crmin.ated for convenience.
.
:t was ,loved' by IR.oriAers that., In view of Charles Luckman
Associates' request of June 9, 1962, for .additi.onai corripcnsatiori to
complete the General i?ian, that the. ,,gr, ernent for panning services
between the City and Charles .7 uckrnar. Associ..,.ic•, dated February 17,
1961, be te;rnlinated for the c_onverience of the City effective
immediately, and that the City M,1rati;e_r and, City Attorney be:
authorized to app:rove p yrnert to Ch,lr 1,ur,kman Associates of
Such sun -is, if :.'n.y, , ...1.5 they deem clue ,1710 f)ti' t'. tc C h r ie•!s 1411C1crnan
Associates under- the p ovisto- ti o: P4:'.1 .1p'h o tt:1:: contract, � r � anc..
that the Planning C:,:A:rr•1sstor: tr.d l '.a r. r,; - Ot :c...•r pro( e•e'd With Corr:-
p:ctipn: of the Gene -a: I .. .�.; c�� . .. ..er ,re,( . , ei• e to: Ste piiens and
carried
'NOV.:: t'. bits. 1 .i ,
l...yrles
.rebruarY 17',
Avenue Plan b I9b1 for tray
and labor o see University
and by rescinded. e`
majority d. he motion was
gate (1 seconded b Ayes and Marshall
There being
Noes).
).
Y
Cou:aCil, tl.e. meet ,n„ nc, further business adourstc,t/1:
s deC d
adjourned at I 1 e before
the
A r-l"ZST:
/City clerk
A PRO ‘
Mayor