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HomeMy WebLinkAbout12101962f City Hall, Palo Alto, California December 10, 1962 The Council of the City of Palo Alto met in regular session on this _date at'7; 30, p.m. with Vice Mayor Rodgers presiding, in the absence of Mayor Haight.. Present: Arnold, Byxbee, Cre sap, Debs, Dias, Marshall, Porter,' Rodgers, Rohrs, Rus, Woodward. (Councilmen Bishop and Zweng arrived at the xz eeti-,g: at 7;3.8 p.m., prior to the transaction of any;busi,ness, and were counted as present. ) Absent: Haight, ,Stephens:' A citizenship class of approximately thirty people • present at the. meeting, and at the r.equest of their instructor, the Vice Mayor led the assemblage in the Pledge of Allegiance. • The Vice Mayor asked if there were any corrections. or additions to the minutes of the meeting of November 26,1962. The City Clerk called attention to a clerical error on page of the minutes, the'first`sentence of the fourth paragraph, "Councilman Debs questioned", and stated the name should have been "Dias" instead of "Debs" Counciln an Debs called attention to the third paragraph on page of the minutes and stated he would like to substitute the following' in lieu of the third sentence of the paragraph: were "Councilman Debs discussed some problems of a governing body and remarked that this; would weaken the function of ,the Council a a policy -making body, and read a document he had prepared, containing 17 objections to the proposed ordinance." By motion made, seconded and carried, the minutes of the meeting of November 26, 1962 were then approved as corrected. Sister -City Program Mr, Jack Power, chairman of the Sister -City Program, advised the Council that the Ma.yor of Palo, in the Province of Leyte, Philippine Islands, had accepted, on behalf of Palo, our invitation to become the Sister -City of Palo Alto, and had forwarded to the City Clerk a resolution ,officially acknowledging the affiliation of Palo Alto and Palo as twin cities. Mr. Power stated that it was the feeling of his committee that Courcil.rian Frances Dias had been the instigator of the Sister -City `Prograrnand had done an excellent job in promoting it. He thenintrod,uced the members of his committee and stated that its next meeting would be ,held on January 10, 3.963. He requested per- mission of the Council to play: a tape which had been recorded of Christmas greetings to Palo from the Mayor and Qther leading citizens of Palo Alto. Vice Mayor Rodgers thanked Mr. Power and the members of his committee for the splendid work done in connection with the Sister -City program. m- Abandonment, Portion. of Wellsbury Way The 'Vide Mayor a.ttnourr.ed that this was the time and place set,.,where and when any arid ;all persons having objection to the proposed abandonment of a portion of Weilsbury Way in the City of Palo Alto should appear and show (33utir why %t should not be abandoned; that an affid'avit.of publication of the notice of hearing had been filed with the City Clerk., . He then requested the City Engineer to report on the subject of the -abandonment. He stated that the property which is the subject of.the`abandonment was originally dedicated by the :subdivider for right-oi-wa.ypur:poses: ,The street has now been developed and improved,to a width less than that dedicated. The surplas ; : ne; longer necessary or useful for 'public street purposes, and k'i recommended that it be abandoned.. At the v'onclusior, of the repor , tn., Clerk advised that no written protests had,been filed, and there being no cirie present who - 'wished to be heard. or. the matter. the hearing was declared closed. Upon :notion made by Porter, r.ecc.)nded by Rohrs, Resolution No., -3536', ; entitled "Resolution of the Council of the City of Palo Alto.:Ordcring the Abandonment of a Portion of WG.11 bury Way": was adopted by a uranirnous voice vote. Protect 62-3 Sher Tian Avenue , et al. • The Vice Mayor arar,ounced that this was the time and . place of hearing protests, in relation to proposed acquisitions and ir"provernents on "PrQJ. c": b2 3, 'Sherrnan Avenue, :_.t al. He stated that the purpose; of the hearing is 'to de.tt-rrni-L' whether publicconvenience and necessity :b: gereral require the proposed widening .and. improvement profec,t, to •fully.' -`hear any and'all• prote.sts or endorsements of the; pro- ,ect fr,orr. the, proper"V''owners directly cone erned, anal fro the protests , and end• o,'r,s ments;, and testiir:o,ry of the City staff, to ctete_mine. whcthe.r the' prci•per- eti With ttie assessment district will be benefit •by the, proposed a;c:ykisi:t'iorts and r'iorovemc nts ;tnci wh.ethei r the • asse..srraents :ia.vte'_b. en spread in accordance with such benefits. He. ad -iced that anyone interewted rnight address: the. Council: either on the cittestion of ge'neral public convenience and n4cessity,'or on a_i'•v partiedla.r' detailed pi -lase of the project, such.as location or design of the r.prci\r mi nts., :cic;at;on r;c extel,t of prope,rt to oe'ac,u1'red, ,the extent of a.sse 4 i;'`1r r17 t, -y; i _ nijo z,ed to pay,,:' or the .ae �".iu' 0.fl 02' 'i m,r - at 0vC nt-,, "r > '.:. .. i s'm CY -; ate vi c l. and expc ti. 1Yletl.Jda t::L'd :' pre:6d'.'' the ,., ij, th :',c:.,s ,t... . o; any S. n ti Other: phase. or deta. 1•of the. project. He then declared e hee nearing upt n a 1 requested the Cry hianagei; to eport or. ;.hc project. The' City 1vfana;tier reported oh Pro)e:.r No. 6. -:i,, She,r;nari A veinUe,. et al.. as fo''1ows; E oliowi•a the re:C{ ipt .of, a ;ec0" 1r enci—j ion ..-o: 1 ^.c' rC tii UrI di AN•.eriu•c A i a ,iaewe;oprnent Associ 1r:,_. to at certain art i't in the South Palo Alto area be rnpro.e1Cl. (,t;‘i c C.J•. ,,:it"e'e,No':,1: on Jarilary 29 1962 recorri:?l ""t .' ' prucceee'dinw" UL initiated, 74. the xopo�e •n�zallakxo lines review, Zc and telephone of placing overheadk the same ' irethetility of 'electric nd. 3por. the ;fea.sabilat andexgxou acing of �andexgr d to project area the financing was referred n, propos±ed P to otter ©xt.£x inita (,boor :.Po s initiated. relative„ire, entire to received ep n the of the whc 1962 reC lines tion�, as which on July 17 electric ii}s�a11� � 1, d cost of placing was. generally proje r a he Cstxr�n valved bout $� 000 1t Ct 'die' underground p s agree -� ,Possible staffa;xostld_ atudY;p invP stigationt� , eubseyuent the p s, 4i%ithin poles.., �,oc �stxn.g public 3573.:_'.. of •.kots, No.,3573 •i:red. la{�2, Resolution �o,cc:t, of November 13 r s Report of the p • Council meeting r f he Engine- s the date far the At the Cr xoval .o£ t� December 10 74 getting Decei"z £ xel�xx�?arY 'a'p'p 35 adopted. and �,egakutso�n. 1�To. were requiredPubsac heaxir�g, TIC pgaJEC� �ovide 40 -foot wtctt- _�.-.� intended to 1� 26. foot improvements are the existing accomplished rip itnpxOth. streets to replace used to 2O-foot sides of the proposed prop curbs on both. This widening of •-way an £-waY between widtl?8 • l 10 feet of right both curhPta curb near overall rig. ::an'ais soul result in a relit. by acquiring I his would. . sting 40 - stre60f .of the existing curbs, guttesxs. Hach instead sidewalks, width of 60 feet vide drainage improvement will provide to the storm xstr ed ar modifications thing stem The proposed necessary , street lighting The paved and modernization of the ; making these system and total cost al �d 930 ate of the Avenue a° oat=His lin .ineex, s estimate feet of Sherman principal components �t En6 lineal 83. i a mptpvemenrs,h along is $216, :yAQ. of. this festinate are. appraisals, a£ this o£ -way, apprai. p,,equisi:tian of right- title costs, etc. construction, inspection, 'Engineering, miscellaneous Total £stitnate legal fees and mis ,the estimated. 4 , the that t was a ease involved a result of e tetaf rourxd e p agreed. .that, the significantHato eXpe se - ztiJ.?tY ' s that ec�``i a of proposed that the ea. 'ble alternate Prop to the x it is be relocated cuts t° area ax{c lin blic = 11 yteasements or ir. easements tie a.ccvai Camino Real to Birch )1 Road. am El, to l to irc an Avenue from n Avenue which., ak to incsl?rave Sherman Street from Sherman to the Council and A s forwarded . ££ to initiate the Street, men .tion;ua' directedthes.a This recotri pf February its 'e�t'n eeing8; of improvement. ,proceedings. No. 3505 adopted Resolutionta improve portions the Council Intention Ott May 29, rmititiorx:and c:1n xY and Ash. Street. Sham ect, consisting o On �hex an Avenue on, the prof and a'ssesa . �u 25;: the ngineex', j° report r ash estimates, Council. ina P d with the City cifacati ion p rams was - pl:�ni3, �; uasitic�n diag the xelocatxon and ac4 inga would, require focused, .. meat y d street tsg at. within Since the proposed phone utility me a widen attention $158,562.00 57 778.83 $216,340.S3 (5. Of that~:total .estimated cost of the project $117,129.99 is for improvement of Sherman Avenue, ;.rid $99,210.84 for irnprove- rrient''o£ Ash Street. The ,proposed assessment district is comprised of 60 separate parcels of land, including three municipally owned off-street parking lots which ,will be assessed $34,963. Z3 for the street improvement work. '. In order to accomplish the proposed irnprovernents, right-of-way will have to be acquired from the owners of 28 separate parcels at an estimated cost of $137,800.00. In addition to, its direct assessment contribution of $34,963.23, the City of`:Palo Alto will also pay the total ::lost of installing new water and gas mains in the improved streets." The City Engineer then read into the record the following engineering testimony: "The' project which is the subject of tonight's hearing comprises. the acquisition of easements necessary to widen Ash Street fr-oni Page Mill Road to Sherman Avenue, and Sherman Avenue from El Camino Real to Birch Street to a uniform width of sixty feet. This widening will bring these streets up to City standards. The project also includes the improving of said :streets as pro- posed to be widened by the construction of standard street improvements, including curbs, gutter, sidewalks, paving and street lighting facilities. All of the parcels to be acquired are particularly identified and the improvement details shown in the:, Engineer's Report which is on .tile in the office of the City Clerk: and to which reference is hereby made. The first question for your determination tonight is whether the. public convenience and necessity require the widening and improve- ment of these streets as described above. It is my understanding that the words "publicconvenience" refer to something fitting or suited to the public need, and that the term "public necessity'"is used in the sense of being reasonably necessary and not absolutely imperative. Both of the streets involved are in that portion of the City formerly' known as Mayfield and now generally referred to as the California Avenue district.' The northwesterly portion of Ash Street from California Avenue to a point approximately halfway between Sherman Avenue and Grant Avenue is zoned for commercial use and the balance southeasterly to the half block above Page Mill Road is zoned for high density apartments. The final half block of the project to Page Mill Road is zoned for manufacturing purposes (M -I). The full length of Sherman. Avenue included in the project is zoned for commercial purposes. The existing rights -of -way in both cases are only fifty feet and the minimum standard even in residential areas throughout the rest of the City is sixty feet. The present widths are simply not sufficient -to' accommodate even the present traffic flow requiretnents-`for local purposes. As the area continues to develop the widths will become progressively less adequate. Virtually all other streets in the California Avenue district, including', California Avenue itself, Park Boulevard, Birch Street, haVe:all':been widened, at least to minimum standards. Ash and Sherman` alone, retain the old standard. The widening will thus clearly serve the public convenience "ard necessity by providing a standard width street to the minimum necessary to'safely accomrnodate modern traffic. The •exist±,ng street improvements are inadequate for carrying normal traffic, providing for turning movements and 'provid'ing• " for parking on the street.. It has always been a consistent policy of the City of Palo Alto that all streets be improved to stardards. which Will provide adequate road width, completely developed; curbs; gutter and drainage facilities to handle storm water run --off, and to provide street lighting. The failure to provide these facilities will perpetuate the existing aggravation of local traffic problems to the detrime't not only of the local area, but also other,, portions of the City which have provided similar facilities; trieit own areas Because of excistinginadequacies, it can be said that the proposed improvements will serve the public convenience because they: have been designed to suit the public need; and that they may certainly be considered reasonably necessary if not absolutely imperative. The Council rnus -al.sodetermine whether the properties in the aasessrnent district will be benefited by the proposed improve-; ments:a:nd whether the assessments have been spread in proportion to the estimated benefits. The cost of acquisitions and of the expenses incidental thereto have been spread againstthe properties within o.re-half, block of the Widened street. In some cases this means that properties that do not have ;direct frontage. on Ash or Sherman have been assessed a snare;of the widening cost. The basis for this formula is: that the benefits from widening'a street have traditionally been 'considered to affect a greater area than the.;. properties fronting on the street alone. The properties within one-half block are provided greater ease of access and. enjoy • a generail'increase in values because of the improved character of the neighborhood. The result of using this formula in a given area is that ail properties have borne a share of the cost of wide:ningall streets, and no particular parcel has paid a dis- proportionate share. Each parcel's participation is limited to streets within one-half block so that the assessments are restricted to properties receiving local benefits. This method is in common use in many cities and has been used in all other City projects. Irr prove:merit costshave also been spread ii. accordance with.; established methods.. Generally speaking, the street improve- meat ite xi;s,, including curbs, gutters, sidewalks, pavements, and; street lighting,, have been assessed on a. frost foot basis.. Intersection co`ets,are spread ore -half block in all directions from. the intersection The acquisition costs have been spread on the,,acquisit on benefit district on a combination area and frontage ;' basis. In,rny opinion •the public convenience and necessity require the. acquisitions and improvements proposed in this project and the assessment has been equitably spread in, proportion to the benefits." It was noted ;that 'affidavits of publication and posting of Notice of Improvement"ar.d- of time and place of hearing were on file.. The City Clerk advised.that no written p: otests had been received, and the Vice Mayor then requested any persons desiring to speak on the matter to address the Council ':Calvin F. Gunn, an attorney in the California Avenue district, addressed the Council, mentioning that 1_e believed there was:' a written protest ,received by the City from his client. H. G. Petty; that Mr. Petty is in England and was unable to attend the meeting personally but bad sent- a letter of protest to the City Engineer. Mr. Gunn stated if it was satisfactory to the Council to consider the letter as a written protest, he felt it was not necessary to read it. Upon being advised the letter .would be so considered. he waived the reading of it. He expressed his opinion; .on behalf of 'his client. that taking a 10 -foot strip off the frontage of ,Mr. Petty's property would mean taking approximately 20% of the property and snake the remainder virtually ose1t.ss on account of setback, :parking:and othe'r requirements. He explained that the property is locatedonoksh Street at Sheridan Avenue, running roward' Page Mill Road, and has a frontage; of 142-1/2 feet; that the value of the property would be greatlydiminishe:d, and since a large part of the assessment district is'based 'onfrontage his client's property would bear a substantial portion of the assessment. He requested that the City address itself to the inequity to Mr. Petty in taking the 10 -foot strip from his property. Frank 10. Grist, attorney for Peter J. Leung, presented to the Council :a written protest by all except two of the property owners on Ash Street between Sher,man:Aver-,ue and Page Mill Road, a total of 28. He stated Mr.' Leung's property is similar ir,. shape to that of Mr. Petty's, that it has a frontage of 100 feet on Ash Street, and taking a.10 -foot strip Off; -the lot would decrease the value of ':t to a great extent. Healso stated he under:stood Ash Street is to dead-end at Page Mill Road when the freeway is completed. He suggested making the cross -streets wide and leaving the streets which run at right angles, such as Ash Street, as they are; 't1^at the lots are long along the side street and to assess on a front foot: basis•;makes it exceedingly expensive for these property owners... Be advi9_ed that the property owners have no objections to the rest ofthe. improvement but do not feet it is necessary to widen Ash Street. He requested the Council to leave the widening of Ash Street out of Project 62-3 at this particular time. There being no other persons present who wished to speak on the matter, the, Vice Mayor declared the hearing closed. The Council discussed taking the widening of Ash Street out of the project at this time and were advised by the City Engineer and Kenneth I. Jones, attorney for the City on this project, that the Ash Street, 1nprove ent could be omitted, but that it would be necessary to make 'customary intersection changes a half -block in each direction on Sherman Avenue, so some properties on Ash Street would be affected to a degree by the assessment for improvements. A motion'was made by Bishop that the widening of Ash Street be deleted from Project 62-3, and was seconded by Zweng. Councilman`Debs inquired whether property owners were notified of the widening and improvements and was advised by the City Manager that all property owners had been notified by mail of the improvements, of the time and place of hearing, and of the assessment: to be .levied against their properties; that an affidavit of such notification was on file. The' motion to delete Ash Street from the project wae. carried.by a %majority voice. vote, Porter requesting that the record show he voted against the motion. Mr. Jones advised, the Council that with the deletion of Ash Street fro 'Project 62-3, a resolution overruling protests would net be required, since` the only protests filed were on the Ash Streetl ortione..that no protests had been filed on the Sherman Avenue improves e tt.. He also advised that the resolutions in connection with the project should be modified, to add the words "Except Ash Street" as part of the caption. The following resolutions, as rrxodified, were Resolution `:No. , 3587, entitled "A Resolution Determining Convenience;.. and?Nec.essity:, Adopting Engineer's Report, Confirming Assessment and Ordering Work and Acquisitions,. Sherman Avenue, et al. Project' No. 62-3 (Except Ash Street)." ILiiieetutionIfina 3588`, entitled "A Resolution Determining that the ..Pai$,licL x ter.: t argd Necessity ' Require the Acquisition of Easerrients for St *4t ty Purpoaes, Sherman Avenue, et al., Project 10 "5:2:»3`TExcapt Mtr atToetr.; Resolution. , No 35S9, entitled ",A 8aaolut.ion. Calling Lox. Sealed` Proposals. Sherrna.n'Aven.ue, et al. Project No. 6Z.-3 tExzept A4h Street)". The resolutions, as modified, were thereupon simultaneously adopted by a`',roll call vote, as follows: Arnold, Bishop, Byxbee, Cresap, Debs, Dias, Marshall. Porter; Rodgers, Rohrs, Rus, Woodward, Zweng: Absent: Haight, Stephens. eritifr tx � ea] ( ache►} The i ea.ring ora the appeal of Edward Cashel frorn an order of the BuildingInspector affecting property at 821 Emerson Street,,Palo Alto, pursuant to Palo Alto Municipal Code, Section 34-906,, was continued from November 26, ,1962. City Attorney Michalski reported that the appeal has :. been withdrawn; that ar agreement between Mr. Cashel and the City has been made, `sub,ecf to Council 'approval, whereby it is stipulated: and agreed that the 'building at 821 Emerson Street shall be demolished and that demolition ,shall • be completed by December 31, 1963 motion`:was made by Rohrs, seconded by Woodward, that the Mayor be authorized and thrected to execute the agreement of demolition arid also execute an order of demolition. The motion was carried •unanimously.' Notices of Annexation Notices > of proposed annexation of territory to the City of Mountain .View, `designated .Church No. 10, Rock No. 2, Jackson,_: No. 1, Rock No. 4, and Stierlin;No. 24, were received and ordered tiled. It wasnoted that none of the territories involved property contiguous to Palo Alto. S."outhcrn-'Pacific Right-of-Wa� A` communication was r.ecei‘ed from the Palo Alto Chamber of Commerce, together with a statement of policy. concerning future use o the Southern Pacific right-of-way, and recommending that consideration be given to the best e;:onomical solution for relief of traffic congestion, calling' attention to the proposed abandonment of the Vasona Southern `Pacific'rai1 line between Palo Alto and Los .Gatos; also favoring construction of the Foothill Expressway at the earliest possible date. The letter was ordered filed and the City Manager was directed to communicateto the Chamber of Commerce the approval oy the Counci'1 of its statement of, policy. Mayor's Action Committee on Downtown Palo Alto The City Manager read a letter which had been received from the Palo. Alto Chamber of Commerce. supporting the Downtown Paolo Alto Revitalization Plan recommended by the Mayor's Action Committee, and advised that a report was to be made on this plan at the next Committee of the Whole meeting. The letter was directed to be filed. E1 Camino Real' - Pane Mill Road lnterchan1e gtICP"'iQ'PC�"-�""�L•--"^CSZ'Rt+4RRTJ5f71f-%..1�1G'101'�.•.•...• A letter was recaved from the Palo Alto Charnber of Commerce urging the ;City to :dedicate to Santa Clara County the necessary rights -of -way on Page, Mill Road between the Oregon Avenue underpass and .El Camino Real for completion of the Oregon Avenue.. Expr.essway•improvement project, arid urging the State Highway Engineers to study the desirability of of a grade separation crossing at the Page Mill Road -El Carriiro Real intersection. The City Manager advised that the matter-, contained in the letter had been referred by the Council on November 26, 1962 to the Committee of the. Whole, and that the letter should be filed. It was so ordered'. Traffic; Control, Trucks The City Manager read a letter received from Robert P. Nicolson,, 691 East Meadow Drive, in regard to traffic control of heavy trucks =City streets, recommending that the Council determine whether City Ordinances on truck .=naage of streets should be strengthened. Councilman Debs stated he had received a copy of Mr. Nicolson's- letter, and rnade a -,notion that this matter be referred to the Committee, of the Whole and that the Committee of the Whole be asked to hold hearings to determine whether our City ordinances on truck usage of streets should be strengthened to give adequate tools to our law enforcement • agency. He added that the purpose in mind was to lirnit heavy :trucks to truck routes only. The -,notion was seconded by Roars. Discussion followed in which it was suggested the Chief of Police furnishto the Committee of the Whole a report on violations arnc that the City staff and Traffic Cornmi.ttee review the :r_atter. The City Manager ad.vi.sed that the Traffic Engineer has been reviewing the truck ordinance with the Police Department and City Attorney's office also interested citizens, and :thatthe staff will be prepared in the near future to make,a report on on the problems. The motion was amended to state that the staff is to make •a'study of the truck traffic problem and the truck ordinance, and report to the Committee of the Whole. C`,auncilmar. Debs requested that the matter be considered by the Committee in early January, since he desired to get the matter outon a Coi:nci; level as soot,as possibly. The m:dtion, as'amended, was carried by a unanimous Downtown t'ark' a"•n ti:c Cen er'and Recreation Committee) • A.•:letter, s.r.orn George D. R,andail, 833 Southampton Drive, advocating e downtown park on the property at the southwesterly`' corner of.Hamilton and Gilrnan Avenues, was read to the Council by<,. the City `'Manager. Arnold moved that the letter .be rcteri•ed to the`Mayor's Athletic Center andRecreation Committee. The motion was seconded' and carried by a`unanirnous voice vote. American Institute for ,Research, Water, Re uirements ,The. ',City Manager reported that Mr. Andrew Spears., attorney for Arner.ican Institute for Research, had written a letter.' to the ,Coeincil. siinilar to ono.sent to'the City Manager a short time 81 previously, relativeto water requirements, cost of water rnain installations arie..other .matters affecting A.I.R. He stated that he had'answe-ed the -first letter of .Mr. Spears, but apparer_tly the answers were not satisfactory and Mr. Spears had requested that the various matters': be, submitted to a study session of the Council or to a: committee for consideration at an early date. emotion made, " seconded and unanimously carried, the letter from Andrew Spears addressed to the Council was referred to the Coznrnittee of tha Whole for consideration. Mr: Spears was present and addressed the Council:. He rei wed the fact's :,contained 'in his letter, adding that the matter of the water>requirennents was"rather technical; that he believed it should. be'considered by the Policy Committee on account of future educational; developments in this area and that he feels the City's requirements are an unreasonable and,unjustexpense to the owner. He requested that the Fire Department's requirements he waived in this instance. He also stated he believed anew policy should be adopted in connection with Fi,,re'Code requirements for the Foothills area because the present policy had been -adopted many years ago for the flat areas of the .City. A motion was rna.de by Byxbee, seconded by Woodward, and carried by unanimous vote, that the matter of re-examination of the Fire: Code requirements be referred to Committee No. 1. A discussion followed as to whether the Council, by - its action`on November:'26, 1%2, had intended that ail matters going to a committee should be referred to the Committee of the Whole.= The Vice May;>r' stated that`, the ;Committee of the Whole is meeting for. six months in .;lieu',of the standing committees; that Byxbee's motion, wwas successfully carried but the matter would be put. into the Committee of the W.holeS He also ',stated that the Mayor is Chairman of the Cornm,:tttee of the Whole, and it is in his discretion as to what subjects would be taken up`in'any particular session and in what order. He. suggested; u.nles"s there Was objection by the Council, that the subject -. of Fire Code requirements be put on the agenda of the Committeeof the Whole meeting following ;the meeting on December 17, 1962. Abandonment of :.Lucas Lane The City Manager read to the Councila letter from James T. Danaher, attorney for Henry Carmean, Frank K. Shallenberger, and Eric 3. Silva, requesting reconsideration of the abandonment of, Lucas Lane. A. discussion followed relative to whether the Council could reconsider the rnatter ofabandonment of this property. It was mentioned by Porter, and Bishop agreed, that the whole area is rather important' commercially to the City and there had been a great deal of discussion in the past on establishing a public parking area there. The City Attorney stated that Lucas Lane had not only been abandoned once by the Council, but hadbeen abandoned twice, by Resolutions No. 3556 and 3570. The second proceeding was necessary because of an error in the description of the property. He also advised that the resolution of abandonment and quit claim deed have ben recorded: that some acts of the Council are conclusive and deeds and resolutions of abandonment fall in that particular cat -gory and the Council cannot revoke its pr'ior legal act. He stated that title to the property had pasSedn the act.was completed, the City had followed all the proper legalprocedures. and that, as he had.. advised the Council on at least 'two occasions n"o conditions"That the property could or must be used for a parking lot,"could:be: i'mposed on the abandonment. A motion was made by Zweng that the staff,with no time lirnite prepare*'a;:report onthe parking traffic circulated in the Encira Avenue ar,ea°_and present it to the Council. Porter seconded the motion, and added tat it was possible the land could be condemned it a study .sh wed it should bedeveloped into a parking lot: that the City was still at libertyto put it.'back into an overall plan for the City's. benefit. James T. Danaher addressed the Council. He stated that each otthe Council members had received a copy of the letter referred to It was his opinion that the second rearing on the abandon- ment was an entirely new proceeding, a new public hearing; that he believed some:mi:`srepres,entations of fact had been made by Mr. Ronald Williams, which were confirmed by the City Attorney, and if the Council could not rescind` its:action of abandonr' ent, then action should be 'taken by the City to recover the' property so the City may adequately plan foi= its development. The City: Attorney re.affirrnedhis opinion that the second hearing onabandonment was purely a technical one and that the Council has performed an actwhich it cannot rescind or reconsider. He again stated the City could not impose conditions or. the abandonment, and that, when the Council' questioned whether the street could be closed to adjacent property owners, subject to providing public parking,' he had advised that it could • not.` He also stated, concerning any possible mis- representations of fact, that there had been no misrepresentations in his opinion and there was no fraud on the part of anyone. After further discussion, the motion to refer to the staff the study of parking •• and traffic circulation in the Enema Avenue area was carried by unanimous voice vote. Amarillo Park -Site The City, Manager stated that at the last Council meeting, the staff had been requested to investigate engineering problems relative to the three proposed park sites in the Amarillo Avenue area. The: City Engineer reported that each of the proposed sites could be adequately drained to existing facilities, without fill, if it was desired to develop them at their present levels. He referred to maps wh ch had been: placed in the Council chambers and explained in detail'wheere the storm drains and pumping stations were located, and tat aside from internal drat :age to get to the existing facilities, there are adequate facilities' to handle any of the sites. Councilman Zweng pointed out that the Planning Cornrnission had reco:-nmerded the Amarillo site for a park in this area;and since `there.;was no technical problem, moved that the City Manager be`:given:authornty to enter into negotiations for acquisition of the ;property on Amarillo Avenue next to. tke drive-in theater. • The motion was duly seconded and after further discussion: was carried by a majority voice vote. The City Manager inquired whether the Council intended at this time to acquire the property by an eminent domain action orby negotiation, and was advised that he should go ahead with negotiations, then advise. the Council what was needed to acquire the land. Kethley; in answer,; to an inquiry by Debs, advised the Council the recommendations would be forthcoming at the next meeting of the. Council together with the appropriate resolution authorizing acquisition of the property by eminent domain. A-- -ra tradero Road`'p'royycct (Gasoline 'Y'ax Eud et - w.nvmraa.-�n� ur�r�m:mmoravaa� ,.�� The City. Manager reported that the final budget figure of Division of Highways allocated gas tax funds, as a contribution toward the constructon of Arastradero Road, is $86.400, and re- quested approval of. the Council' for this budgeting. Resolution No. 3590, entitled "Resolution of the City Council of the City of Palo Alto Adopting Budget for Expenditure of Funds Allocated,from the State Highway Fund to Cities" was intros uced, and on motion made and seconded was adopted by a unanimous Voice vote, Foothill's Park Ac.auisition Parcel 4„, Exhibit "F" �-�rztianu+urnixacno mm �rcarc.�_i _-- _ :City Manager Keithl.ey reported that it is in order 'at this time for the Council to authorize payment of $155, 500 for the acquisition of Parcel14"of Foothills Park: that this parcel consists .. of 55 1/2 acres. By rriotion'rnade seconded and unanimously carried, the sum of $155,500 4was directed ";to be paid to Dr, Russell V. Lee and Dorothy Womack Lee for Parcel 4, Exhibit "F" of the Foothills Park Acquisition Acquisition of a1ifornia Water Service Co. Pro • erhes Footh rliTCnnexCNo. L. The City Manager stated he has: been advised by the City Attorney that in order for the records to be complete on the proposed sale by .California Water Service Cornpany of its water system located in Foothills Annexation No. 2 to the City, formal approval by the Council was necessary. Resolution No. 3591, entitled "Resolution of the Council of the City -of Palo Alto Authorizing the Purchase of California Water Service Company's Properties in the City of Palo Alto" .w.t' introduced, and onmotion made by Marshall, seconded by Debs, Was adopted byuran.imous voice vote. A motion' was rraade by Zweng to appropriate the sum of $21,655 from the Reser.ve'for Capital Additions of the Water Fund for the purchase of the California: Water Service Company properties, pursuant to the agreement. The`motion was duly seconded and carried unanimously. xxied :': rxo��lY c_ Glesk .. ar,a ahem deputy ?ti the City cle Co ded d a by ale. e n app°�x'te tees hire $'�.. otiori �' iceo�t � employees xn elQ oaths ex�� lty e Glcy � time, Y erne o� th in& tex x�i� loY �,e ;tir�f� at���, eetIng` ir e >xp°�e ,se�:a . fpp paxt of t Gil?x� and way 's uthea-�'- tip tha Rio il 9,��-- rn e F� Ito -e ! � t r: art '.. Z xeeo' sex Q; ��' ,�:e� ititee� � �'� �texi.y cor �adi$io�� eQ tha ;ox�=' �outhea d to the c° 3o • lulap b) ' ntativG gu i hey pp,rovea., su m u ly taxi a , t the � oa .t seconded ouanint Gom ily ca. as ovetj.r at�pY1 de City "rig'"eer. }� ,t e wt oxn'e` conditions. u il accept the d u`�'ca z��� 'the �Gp men` t�� the o,�sly �,te aixn investigate ax�cl ' d 2 v.n Ste4 to of '30 i Committees pr t0Y• - t ' with the possibility Pla°�� 1.,-N1 zones, cr. ae s. Council; that tla ox area in. ,le � '� r ied, the to tlxe cog xatip to £� : traffic problem. i tou�lY the paxklt► Some of the tx aae and n nkoc.oly relieving he Mott Ga rpitteea was tl � the �oj° Wa'2. nirnUue�y carried, et,dat n of on seconded and u he hta.s be a tonio 'clad g -r adz, Committees aid2. that log Saxe A�oi 9..0Q a- '' On motion i tee •,n A • _ ,r O'- t� tion rii d. and Pulalia Street between the he x�Co4mxfienhe paibilit`l of restricting to �tUBy tidl�ield o between wa:.s adopted. �0 ::- , d•e majority to c�;QQ p• �� t _ "nt�xp e ° Y1 r xxicd by a G�,mittees 50 -14 -W,9 —Q -9-1.1C1- a ctYdri moved, d d and carried. point jo it c9! -- r pVCc . second zC datlo � a �GY Well Road V'• -8 m hL re ti City r �£ y,V(. 1t tt a� ion of the by e San 'Mateo co'l adopt hotiiie e o ,_t1 axe contemplated tY Sall 10.teo interested, es that t CO'In �'5 proposal iorw�,at plans approach on the is to , a� , 2 the in t%e: foxstaffinvestigate nt of the bridge rapx av en' ix a'htenanc Gi. sia'�• ire end to the City t'"o d 2, xecom end the damaged a c.il �'�� �� •' tz'rittee� l a present policy to sa.dewa'lk l� the teem pre ai. o}e e T Point therr,a,�i�'g xeP City Pay �rig'r,�e a .rte " � the. t the City for .� �. ead t tree growth to.. responsibility oth .. City facilities, th t,'., in financial ,er e .. �.Y G' Y a �' e t7ee gxawth or pth ide`rr by street i��px4vernent� °�, cost ° a 85 to be hazardous, the propertyowner to pay the other one-half of the cost; that where work is done by the property owner on a non -bid basis, the City pay 30fi a square foot toward the cost of all improve.- ments on sidewalks determined by the City Engineer to be hazardous, the property owner to pay the balance of the cost. It was moved, seconded and carried by unanimous voice vote that the recommendation of the Joint Committees be adopted. (Councilman Cresap returned at 10:05 p.m. and was present for the rest of the meeting.) ,University_ � rn„rnnAvenue Parkin, etc. 1n e A motion was made, seconded and carried unanimously, to adopt the recommendation of Joint Committees 1 and 2 that the correspondence received from W. Ed Burkhard with reference to University Avenue Parking, etc., be filed. Alma Street- Embarcader o Road Intersection Alma Street - Churchill Avenue Intersection Joint Committees 1 and 2 recommend to the Council that the subject of widening Alma Street at Lmbarcadero Road be delayed until such time as wideningof the underpass is submitted for study; and also recommend that the staff be requested to study possible wa,•s to relieve the traffic problems at the intersection of Alma Street and Churchill Avenue' On motion made, seconded and carried unanimously, both recommendations made by the Joint Committees were adopted. Parkin District for Coastwise Industrial Park It was moved, seconded and unanimously carried to adopt the recommendation of Joint Committees 1 and 2 that no action be taken in 'regard to establishment of a parking district for Coastvvise Industrial Park until the property owners in the area support such a movement in, the district, Status Report or Air yrt_and Y;acht Harbor It was moved, seconded and carried to adopt the recommendation of joint Committees 1 and 2 that the staff make a report on the airport_ and yacht harbor projects to the Committee of the Whole on December 17,; 19b2 showing an overlay of the two. projects. nrrent of City.'Boundar San Antonio Over ass Joint Committees 1 and 2 recommend to the Council that the City's boundary line, in the area of the intersection of San Antonio Road and AlmaStreet, as recommended by the staff, :be. realigned,' contingent upon` an agreement between Palo Alto and Mountain_' View that no access bepermitted from the property on the south side' of San Antonio Road into the westbound lanes of either San Antonio Road or San Antonio Way without mutual, agreement of the two cities A report was made on the realignment by the City Manager.;, Dr. Gordon Newell, 4115 Mackay Drive, also addressed the Council,; a.skingthat the Council consider the possible loss of zoning control After, further discussion, it was moved, seconded and_ carried by a majority voice vote that consideration of the realignment be continued, until the Council ,meeting cn January 14, 1963. Results of .'Special Election (Athletic Center Site) Resolution No. 3592, entitled "Resolution of the Council of the City, of Palo Alto Declaring'the Results"o£"the Special Election, Held, in the,City,of Palo Alto on November 6, 1962, Upon a Referendum.: of a Resolution Authorizing the Leasing of Certain Land From Leland Stanford.Junior.. University for an Athletic Center Site," was introduced, and on motion made, ,seconded and unanimously carried, was adopted.` The; resolution declares that the total number of votes cast was 20, 307 of which: 8, 554 votes were in favor of and 11,753 votes were against the measure.. dministrative".Code Ainen.drraent Council Rl00Yellr.an��nilA �1°t" lzatxon' racecTure and Legislation Ordinance, No. 2114, entitled "An Ordinance of the Council oftheCity, of Palo Alto Amending Chapter 1 of Ordinance No. 1277 the Administrative Codeof the :City of Palo Alto, and Repealing Sections. .' 7,0 1, 7 02 ` and 703 of the Same Ordinance" was given second reading,. and on motion made and seconded, was adopted by a majority voice vote, Councilman Debs .voting against adoption. A discussion followed concerning the time consumed' in Council meetings by thereading of co:nmunications received by the .. Council and staff. A emotion, was made by C .re sap, seconded by. Dias, that all written communications addressed to the Council shall be duplicated and distributed to each, member of the Council, and that it shall not be obligatory that such communications be read at the meetings. The City Manager pointed out that this should not include, letters relative to assessment districts, that such letters were not tobe considered under this plan. The Council agreed, and also agreed that if anyone who had written a letter still wished to address the Council. it was certainly permissible to do so. The motion was carried by a unanimous voice vote. Project 60-6. Ar stradero Road Resolution No. 3593. entitled "A Resolution Calling for Bids on. Sale of Improvement Bonds, Arastradero Road, et al. , Project No. 60-6 (Except Laura Lane)" was introduced, and on motion made and seconded, was adopted by unanimous vote. The City Manager requested that the Council authorize the City Engineer to credit amounts paid to Santa Clara County for future County storm drainage improve.rnertts in Arastradero Road projects by the property owners to tame anaow is assessed them by the M�� City. He added that Santa Clara County will tran,fer, funds 20 the City for that pur pose. City Engineer A motionwa8 made, En inner be so authorized_ seconded andcarried that the urns on El Camino Real Palo Alto za A t Camino In answer to an inquix.. re Rea2ir�'front;of Lhe Y regarding left turns advised Real Palo Alto Cabana, on El the direction of the; the City Manager C. S. liexrix,, Jr.,, President of Council, he had written been received Palo Alto Inn i a en to of to the letter w IncInca: that a reply �' meeting, ' ` which had come in only that had stated g• and was too late to be included on hat the staff did not day. the day the t' at the t yet have any the agenda, He. 2e not the report, but mentioned that the real pro eg cost of the left turn installation a `culvert over Adobe res- ponsibility of the Cabana or Creek, which is but. the actually the responsibility the responsibility not the res_ ponsibility of. the Division of of the City, but is Highwa,yg. Council the There being no further business meeting was declared adjourned at 1 lo00 me bef ore the p.m. ATTEST • APPROVED \".J' o 7 Vice Mayor City : Clerk