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city 01 palo alto
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Civic Center
Palo Alto, California
January 11, 1971
The Council of the City of Palo Alto met on this date in a regular
meeting at 7:30 p.m. with Mayor Wheatley presiding:
Present: Arnold, Berwald, Clark, Dias, Gallagher, Norton,
Pearson, Spaeth, Wheatley
Absent: Beahrs, Comstock
Hearing - Brunt Street Offstreet
Parking Project Rio. 74-93
(NOTE: A verbatim transcript of the. public hearing
of this date on the Bryant Street Offstreet Parking
Project No. 70-93 will be on file in the Office of the
City Clerk. Present and seated with the -City staff
were Kenneth Jones, Bond Counsel, and Richard S.
Pastorino, Certified Shorthand Reporter.)
Mayor Wheatley declared the public hearing open and advised that
four separate hearings would be held, and outlined the procedures to
be followed for the hearings.
City Manager Morgan stated that all interested property owners
have been given notice of these hearings and have been gi.;en the
opportunity to file written protests,
City Clerk Farish reported that affidavits of publication, posting and
mailing, and filing of the boundary map with the County Recorder
are on file in the Office of the City Clerk.
City Engineer Witbeck presented a statement concerning .4is qualifi-
cations and experience, and gave a description of the project and
the engineer's statement of benefits. This statement is on file in
the Clerk's of <e,
Bond Counsel Jones described the legal procedures and requirements
of the hearing and the functions of the staff.
City Clerk Farish advised that official written protests had been
received in her office from:
5 tl 1
1/11/71.
PROTESTS - PARKING ASSESSMENT
1. James Alexander -- 431 Kipling
2. Mrs. Barbara Allen -- 1181 Greenwood Avenue
3, Clifford and Angela Anderson -- 405 High Street
4. Glenn Atwater -- 744 Cowper Street
5, Doretta and Ellis Arkesh -- 122-38-45
Co-owner Frank Karelson
6. Herbert Bell -- 536 Emerson
7. Donna and Earl Barendsen -- 122-39-53
8, Rosalind C. Chi -- 122-11-039
Co-owner Chi Yung -Chong
9. Laura Denman -- 642 Gilman
10. Louis Douglas -- 518 Everett
11. Sonia and R. M. Dubin -- 543 Cowper
12. Jeannette Dyson -- 122-48-59
13. Jerrold S. Engle -- 261 Hamilton Avenue
(Adams, Waverly & Madison, Inc. )
14. William Hall -- 158 Hamilton Avenue
15, Elizabeth Hay -- 412 Kipling Street
16. Jennie and Norman Helwig - - 122-39-18
17. Jenay and James Hoffman -- 122-11-34
18. Christine Hurd -- 335 Bryant Street
Co-owner Frances 1-,. Glaeser
19. Mabel Kerr -- 565 :Iarnilton Avenue
20. Stephen Koss -- 825 Cowper
21. Eugene LeRoy 122-49-51, 122-49-54. 122-49-55
22. Hon and James Leung -- 544 .Emerson
23. Margaret Lyon - - 2122 Waverly Street
Co-owner Mrs. James T. Morton
24. Meta McCall -- 3980 El Camino
25. Delia and Herbert Mills -- 552 Pale Alto Avenue
26. Elizabeth N. Millar -- 650 Waverly
27. Ellen and Harvey Nixon -- 430 Kipling
28. R.C. Oakley -- 135 Hamilton
29. J. Martin Payne -- 122-11.069
(ElDorado Insurance Company)
30. Luke C. Reed -- 621 High Street
31, Kurt Richter -- 630 Ramona
Co-owner Gertrude Mann
32. O N. Rector -- 122-39-38
33. Ruth H. Sullivan -- 122-39-022, 122-49-005
Co-owner Ruth A. Schmidt
34. i rria and Herman Schwabe) - - 437 Kipling
35. Georgia P. Shearer -- 530 Webster
36. Harry H. Shipkey -- 447 Tae so
37. Florence and Dale Thomas -- 122-49-40
38. Selma and Stan Troedaon - - 623 Alma Street
Co-owner Zelda Jury
39. Anaze and Robert Van Valkenburgh -- 650-654 Gilman
40. Lucille Walinick -- 122-29-024
41. Erna and Ilka Weichmann -- 425 Waverly Street
d3_ John Wtiiard -- 417 Tasse
502
1/11/71
Mayor Wheatley stated that oral testimony and comments by property
owners in the district would be heard.
Louis Fasani, 501 Alma Street, enumerated the tax increases since
1958, described his property as being in a "}light" area, and spoke
against further assessments on his property.
Ruth Frapwell, on behalf of her mother Mabel Kerr, 571 Harn lion,
asked if vacant property was assessed,
William Pease, 3125 Alexis Drive, on behalf of All Saints Episcopal
Church, told the Council the assessments would crush their parish.
Maurice Gordon, Disco Rex, asked why his name was not included
in the lists of protests.
Bond Counsel Jones read Mr. Gordon's letter which was interpreted
as applying only to the beautification project. Mr. Jones later ad-
vised the Council that Mr. Gordon was a tenant and not a property
owner,
Louise Douglas, 379 University Avenue, said the increased assess-
ments would drive out small businessmen like herself,
Robert Brown, Parcel }Z2-38-31, asked if he had a vote as a property
owner since he was not a resident.
William Hall, 251 Emerson, stated the new parking facility would be
too far from his property to benefit his business.
Herbert Bell, 536 Ernerson, asked if the large block property owners
could overrule the protests of small property owners.
John Willard, 417 °Tassco Street, stated the parkins facility was too
far away to benefit his business.
Dale Thomas, 354 Colorado Avenue, protested against the costs of
the project.
Lester Hessen, on behalf of Meta McCall, 3980 El Camino, stated
he felt this project represented taxation without representation since
ortly residents could vote on the issue and the property owners could
not.
See Page
515
Director of Planning and Community Development spoke to the question
of traffic flow and parking needs and asked that the Interim and Final
Reports of the DeLeuw, Cather, and Co. of 1968 and 1969 be made a
part of the official record of the hearings,
Humantelations Cora�rnissio�s Appointrr►eut
(The Council recessed from 9:15 p.m. to 9:35 p, rn. in an 17 exec-
" ui7 _ av06�i tiisy j
503
1/11/71
Mayor Wheatley announced that in executive session the Council had
unanimously approved the re -appointment of Dr. Sohn Zenger, and
the new appointment of Mr. Peter Hcm to serve on the Human Rela-
tions Commission.
(Mayor Wheatley left the Chambers at 9:40 p.m, and Vice Mayor
Gallagher took the chair.)
(Mayor Wheatley returned at 9:45 p.m.)
Hear.ng - Bryant Street Offstreet
Parkins Project No. 70-93 (cont`d)
MOTION: Councilman Spaeth moved, seconded by Pearson, to allow
See Page 515 the public to speak er who are not members of the assessment
district.
Themotioncarried by the following roll call vote:
Ayes: Arnold, Berwald, Norton, Pearson, Spaeth
Nors: Clark, Dias, Gallagher, Wheatley
Richard Wincorn, 250 Cowper, questioned wheter the Bryant Street
Project buildings will participate in future parking assessments.
Don Klages, 281 University Avenue, representative of Downtown
Palo Alto, Inc., spoke in favor of the project.
John Lockwood, 4718 Matadero, expressed concern for the small
the project
busine®aman z$ the were approved.
Helen Robinson, 500 Melville Avenue, said the tenants absorb the
increased taxes, not the owners, therefore the owners are not pro-
testing.
Roberta Cane, 636 Webster Street, stated the increased assess-
ments would drive small businessmen from Palo Alto.
Lester Kaplan, 535 Bryant Street, spoke in favor of the project.
Herber t Ir : ng Rodgers, 558 Hawthorne, said the raised grade level
of the project was unattractive, and expressed concern there might
be inadequate access to his property for police and fire pretaction
if the project were approved.
Eugene Robinson, 500 Melville Avenue, expressed concern over the
financial aspects of the garage operation.
Richard Rosenbaum, 717 Garland Drive, referred to the various
estimates of the garage revenue and felt they had been presented in
an unduly optimistic light.
Robert Armstrong, 889 Ames Avenue, asked if the price the City
was receiving for the City -owned land was a fair one. Mr, Armstrong
also wondered if another high rise development came along,, would
that development also have to provide parking.
1
504
1/11/71
Don Greenwood, 250 University, spoke in favor of the project.
Scott Carey, 150 University, explained the level of landscaping had
been lowered to make it more pleasing, and expressed the opinion
that the proposed development would be of less density than other
alternatives, and would provide over ? acres of open space.
,: 101 Lytton, spoke in favor of the project. See Page 515
Shirley High, 1117 Hamilton, spoke against the project, expressing
concern for small businessmen.
Dale Thomas, 354 Colorado, said the project will break the small
businessman.
(Councilman Norton left the Chambers at 11:20 p.m. and returned
n s 1!:/" p, m. I - - -
Ed Ames, 665 Newell Road, spoke in favor of the project.
Frank Manfredi, 219 Addison Avenue, stated the project would
increase the value of the land and also increase taxes.
Dick Schultz, 831 Rorke Way, stated that tenants pay the increase
but cannot urotest.
David Bryson, address unknown, stated the project will bring more
traffic to downtown Palo Alto which is already overburdened with traffic.
Steve Lindsay, 735 Ramona, spoke against the, project.
Ralph Buel, 558 University Avenue, spoke against the project.
There being no one else present who wished to speak, Mayor Wheatley
declared the public portion of the hearing closed,
Council discussion followed and Messrs. Morgan, Jones and Witbeck
replied to questions concerning details of the proposed Project.
City Enginreer Witbeck g.7.ve the_.= ritten oercentaQe of protest report,
stating that the percentage is Zi. 5.
MOTION: Councilman Dias introduced the following resolution and
moved, seconded by Arnold, its adoption:
Resolution No. 4414 entitled "Resolution Closing the Public
Hearing, Determining that the Council has Jurisdiction to Act,
and Taking the Project Under Advisement - University Avenue
District - Bryant Street Offatreet Parking Project - Assess-
ment District No. 70-93"
And that February 1; 1971, be set as the date for Council to take
said project under advisement for consideration.
505
1/11/71
The resolution was adopted by the following roll call vote:
Ayes: Arnold, Berwald, Clark, Dias, Gallagher,
Norton, Pearson, Spaeth, Wheatley
Noes: None
(Councilman Clark left the Chaanbers from 12:05 to 12:10 a.m. )
Hiearing - University Avenue Street Lighting,
Project No. 70-94
Mayor Wheatley declared the public hearing open.
See Page 515 City Manager Morgan stated that
have been givers notice of these hearings and have been given the
opportunity to file written protests.
City Clerk Farish reported that affidavits of publication, posting
and mailing, and filing of the boundary rrlap with the County Recorder
are on file in the Office of the City Clerk.
City Engineer Witbeck presented a statement concerning his qualifi-
cations and experience, and gave a description of the project and
the engineer's statement of benefits. (On file in Clerk's Office.)
Bond Counsel Jones described the legal procedures and require-
ments of the hearing.
City Clerk Farish advised that official written protests had been
received in her office from:
PROTESTS - STREET LIGHTING
1. James Alexander -- 431 Kipling
2. Angela and Clifford Anderson -- 405 High Street
3. Glenn Atwater -- 744 Cowper
4. Doretta and Ellis Arkush -- 122-38-45
Co-owner Frank Karelson
5. Lillian and John Barnes -- 500 Fulton
6. Herbert Bell -- 536 Emerson
7. Chi Yung -Chong -- 122-11-039
Co-owner Rosalind C. Chi
8. Laura Denman -- 642 Gilman
9. Lodi s e Douglas -- 518 Everett
10. Elizabeth Flays -- 412 Kipling Street
11. Jennay and James Hoffman -- 122-11-34
12. Stephen Koss -- 825 Cowper
13, Eugene LeRoy -- 122-49-51, 122-49-54, 122-49-55
14. Meta McCall -- 3980 El Camino
15. Margaret Lyon -- 2122 Waverly
Co-owner Mrs. Jaynes T. Morton
506
1/11/71
16. Delia and Herbert Mills -- 552 Palo Alto Avenue
17. James McLeod -- All Saints Episcopal Church
18. Elizabeth and Ronald K. Millar -- 650 Waverly
19. Ellen and Harvey Nixon -- 430 Kipling
20. J. Mal -tin Payne -- 122-11-069
(Eldorado Insurance Co.)
21. Luke Reed •-- 621 High Street
22. O.N. Rector -- 122-39-38
23. Kurt Richter -- 630 Ramona.
Co-owner Gertrude Mann
24. Julie Rodgers -- 122-11-61
25. Irma and Herman Schwabe' -- 437 Kipling
26. Harry Shipkey -- 447 Tasso
27. Florence and Dale Thomas -- 122-49-40
2a. Anne and Robert Van Valkenburgh - • 650-654 Gilman
29. Lucille Wallnick -- 122-29-024
30. Erna and Ilka Wiechmann -- 425 Waverly Street
31. John Willard -- 417 Tasso
Bond Counsel Jones presented an analysis of the written protests.
There being no one from the public who wished to speak Mayor
Wheatley declared the. public portion of the hearing closed.
City Engineer Witbeck gave the written percentage of protest report,
stating that the percentage is 15.9.
MOTION: Councilman Spaeth introduced the following resolution
and moved, seconded by Gallagher, its adoption:
Resolution No. 4415 entitled "A Resolution Closing thu Public
Hearing, Determining that the Council has Jurisdiction to Act,
and Taking the Project Under Advisement - University Avenue
District - Street Lighting Assessment District Project No.70-94"
and set February 1, 1971 as the date for Council to take said pro-
ject under advisement for consideration.
The resolution was adopted by the following roll call vote:
.ryes: Arnold, Berwald, Clark, Dias, Gallagher, Norton,
Pearson, Spaeth, Wheatley
Noes_ None
Hearin -University Avenue
Beautification Project I 'o. 70-95
Mayor Wheatley declared the public hearing open.
City Manager Morgan stated that all interested property owners
have been given, notice of these hearings and have been given the
opportunity to file written protests.
507
1/11/71.
City Clerk Farish reported that affidavits of publication, posting
and mailing, and filing of the boundary map with the County Recorder
are on file in the Office of the City Clerk.
City Engineer Witbeck presented a statement concerning his qualifi-
cations and experience, and gave a description of the project and
the engineer's statement of benefits.
Bond Counsel Jones described the legal procedures and require-
ments of the hearing.
City Clerk Farish advised that official written protests had been
received in her office from:
PROTESTS - BEAUTIFICATION ASSESSMENT
1. Barbara Allen -- 1181 Greenwood Avenue
2. Doretta and Ellis Arkush -- 122-38-45
3. Angela and Clifford Anderson -- 405 High Street
4. James Alexander -- 431 Kipling Street
5. Glenn Atwater -- 744 Cowper
6. Lillian and John Barnes -- 500 Fulton, #203
7. Herbert Bell -- 536 Emerson
8. Chi Yung -Chong -- 122-1103,
Co-owner Rosalind Chi
9. Laura Denman _ - 122-29-036
10. Louise Douglas -- 518 Everett
11. Frank Follrner -- 122-21-005
12. Ruth Freeman estate -- 520 Cowper
13. Elizabeth Hays -- 412 Kipling Street
14. Jenay and James Hoffman -- 122-11-34
15. Stephen Koss -- 825 Cowper
16. Margaret Lyon -- 2122 Waverly Street
Co-owner Mrs. James Morton
17. Eugene LeRoy -- 122-49-51, 122-49-54, 122--49-55
18. Meta McCatl -- 3980 El Camino
19. Delia and Herbert Mills -- 552 Palo Alto Avenue
20. James McCleod -- An Saints Episcopal Church
21. Marlin Merwin -- 540 Cowper
22. Elisabeth and Ronald Millar - 650 Waverly
23. Ellen and Harvey Nixon -- 430 Kipling
24. J. Martin Payne -- 122-11-069
,t'-4 ante Co.)
25, O.N. Rector -- 122-39-38
26. Luke Reed -- 621 High Street
Z7. Kurt Richter -- 630 Ramona
Co-owner Gertrude Mann
28, Julie B. Rodgers -- 122-11-61
29. Irma and Herrnan Schwabe' -- 437 Kipling
30. Harry H. Shipkey -- 447 Tasso
31. Florence and Dale Thomas -- 122-49-40
32. Anne and Rnh.rt Van V 1kerbur_ -- 650-654
33. Lucille Wa►Ilnick -- 122-29-024
34, Erna and Ilka Wiechmann -- 425 Waverly Street
35. John Willard -- 417 Tasso
508
1/11/71
Mayor Wheatley asked for testimony frorn those wishing to speak.
John Hargis, 152 Emerson, on behalf of the Northside Action Group,
spoke against the project.
Florence Talrnuc, 354 Colorado, spoke against the project.
There being no one else present who wished to speak, Mayor Wheatley
declared the public portion of the hearing closed.
City Engineer Witbeck gave the written percentage of protest report,
stating that the percentage is 17.0.
MOTION: Councilman Arnold introduced the following resolution
and moved, seconded by Gallagher, its adoption:
Resolution No. 4416 entitled "A Resolution Closing the Public
Hearing, Deterrnining that the Council has Jurisdiction to Act,
and Taking the Project Under Advisement - University Avenue
District - Beautification Assessment District - Project No.70-95"
and set February 1, 1971 as the date for Council to take said pro-
ject under advisement for consideration.
The resolution was adopted by the following roll call vote:
Ayes: Arnold, Berwald, Clark, Dias, Gallagher,
Norton, Spaeth, Wheatley
Noes: Pearson
Hearing - Vacation of Portions of
Br ant Street and Alle 20 West
Mayor Wheatley declared the hearing open.
City Clerk Farish reported that affidavits of publication, posting
and mailing, and filing of the boundary map with the County Recorder
are on file in the Office of the City Clerk.
City Engineer Witbeck stated that the vacation of the alley should
be ordered only in the event that the Bryant Street Project is uncon-
diti sally -a eeured by the enrning election,
City Clerk Faris%, advised there were no written protests.
There being no one who wished to speak Mayor• Wheatley declared
the public portion of the hearing closed.
MOTION: Councilman Spaeth introduced the following resolution
and moved, seconded by Norton, its adoption:
509
1/11/71
Resolution No. 4417 entitled "A Resolution Closing the Public
that the Council has Jurisdiction to Act;
Hearing, Determining g ,. ,..
and Taking the Project Under Advisement - Bryant Street
Project"
and set February 1, 1971 as the date for Council to take said pro-
ject under advisement for consideration.
The resolution was adopted by the following roil call vote:
Ayes: Arnold, Berwald, Clark, Dias, Gallagher,
Norton, Pearson, Spaeth, W`Aeatley
Noes: None
Retirement of William A. H die (CMR:725:1)
MOTION: Councilman Dias introduced the following resolution and
moved, seconded by Spaeth, its adoption:
�j 4418 entitled. "Revolution of , r i
Resolution No. � >a�at .,1.acravia the Council of the
City of Palo Alto Expressing Appreciation to William A. Hydie
Upon His Retirerneat'-'
The resolution was adopted by unanimous voice vote.
Adlournrnent
See Page 515
MOTION: Councilman Arnold moved, duly seconded, to adjourn.
AMENDMENT: Councilman Clark moved, seconded by Pearson, to
amend the motion to adjourn to January lath, 1971 at 7:30 p.m.
The amendment carried by unanimous voice vote.
The motion as amended carried by unanimous voice vote.
The meeting adjourned at 12:55 a, m.
ATTEST:
eiy
510
1/11/71