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09271965
at • m v �;;. � in fa regular to met on. n: + st w, . the a pal,v 'tY:e, meeting at "1:?)1 p`' The Council of Ar. " is vtnvc,n * D�bti, Mayor �;; , Csf'z'Lst�lc �NGooIL Y -x,<.et�ntt • xnald +Bealir'; , n, Rohr 1.1.).>„bCooley Der Y E' ti eat: : A�' r.. Flint e 'Pear s `i. ,yn Pr �c„odwx, , 4 q. None Gity Ali California,.. Palo Alto, .,.. 19 .5 e pt�'Y^`b'` a.v pb ; ent: z, * pip +t,. ; 'Minutes S. minutes n�' G - �i oval o Ltl a X78 °L�" zn ho e�ctcn- A sk,att` Xi `o page nail approval 0t o D to ;n u a ��e Arnold called, , + nimoua Co u, Council appr va Road. the •cttnn- w. a pT �th evel i�, tlte, c:he at „85e5 ield before been passed approving placed to �,j 'si , scAt t on, h-dule s,Fan �,g the ciav�lO�'��1�ution_ha� not lution �aa,b'``'n P ` h, a,n°� ¶n o£ti-ep L d each Gnunoilm Amending "^ ' lutinn hSo G Ced Re,fo Palo Alto c p phis introc?u e City i P 3 Amenittg di." CUuncilrnar. R p�lnil of th.- n No • Road tMe. „need on of the r� eiled by Resolutio.. r Noin'dlc£;eld t arty at 2,85a ' The ,odors was . e, d. j$ as the Property a tio.., 1 '� or�L Pl�►.£ox raved its adoption. �d snt,t�ixYan Y <,n �. D veloa dth do . was pal's`" cal -Dental. ullding? the ,r.e s nl s- . t,ded by nA�``�,: and . r g3, ���uo „ ��' i ht °n psgc'..' ,vote a TZLe OV - Gv taG2l voice,y do tc the sa wove: when o 'tai x called a to ve bee ps" ;rom the Gad'= rr?old e shauld:ha nn o£ funa� the ,u.acileld:. Nwh Mir} a�; ,�xdpFT4ved the appropriation pph gs a d e uiprnnt for . unanazriouslY �+, ox f�.xni ,. z,;e 1 F?u d f ors$ �rci:n- 4. ux15'� e. fire slat: «i,lcd Ir'o�, .;�t Park ,.t. No. ��5'' �nL a �tio�r a a nivex * it ,: * Ordinance mod. Laced Grf Pa.tci4gto ,akin an p s and the City e;�i atiorsr Pr n r. Gaurc- cal o£ m rovem k F'ixL i r tile Ca .Capital X p Park' a, tiec.c�;ic"le.d by a ye o- ` the wadi niver' city Rohr Appr, ,riatin �`� afield U the -Lot -On w r.L, for its aaq xof"' unai:i motion '14 E ui 'tne ar ed and axiko was passed i•? 5 . est,,n cot '� - h ox^din x�Ce ,yylin s n£ September 13. Witsand. t tom, � �' ;y �L..zgri;Ci:Ylen With the ^e bvted. "° r pV E d a5 dx sLX} dy Ott, a; app" o. Y` W G eD a'. r1;! t,ouncilmaa ias; presented a progress report to the Council on the Sister Cityyprog:cam!bspor ored..bANeighbors Ab4oad. She:,;dpok e o;::' 4" the Julytrip ta"Oaxaca; Mexico by fifty P. -010 Alto residents;; tho. ecent vis t.opf Mr. and "Mrs. Pio Pedrosa of Palo, Leyte Phi,1'Pppine Islands; the conference it*Port?:and, Oregon which initiated establish-,; ,,, .men* of an organn,zatio:i; of cities 4hrougholat„the country cal'led" th4" Town Affiliation Association 04 the United. States which Cog-ess will be ask*d to Charter, and Si her work on the By -Laws Committee; wy.1*. secondp aceaward from the Reader*'s Digest to Palo'.Altoe .he best elver -a11 program ;xn cities of ths size: and ' - thatl.s a,4in,e4ii,iber of the Committee for#;International Cooper ation on bosh `the N,ation.al, League of Cities ,,and the 'League of { Cal .vx_nia. Cities, .she ""wourtiobe pleased to 1'ear from the Coitnc l n their deSires and any words of guidance in relation;, to thts,.p,rogram. fi. ayor Arnokc3. that`ed, CounciAan Dias, both for himself and on behalf of'.the :Couhcil, forlzhe.r efforts, time and ar_hievementb in the S-ist''er City program' and as rc'fiei::ting great credit on her and on the ;Ci tr Agenda. Change 46, Councilman'Flipt m:o•'yd that items 32 and 13 under Unfinished Bus iness he heard before item 2 on the agenda. TAse motion w.:Ls seconded by' CorrilE`tocf, and after ao,short discussion, lost on the following 4.1 call vote: ,. 7Y: .oyes: Comstock, De.bs, Flint, Pearson, Worthington,, Noe.$:. Arnold,:;Beah.rs,. Cooley, Dias, Rol.rs, Rus, Sher, Woodward.` Amendment to the Pala Alto Munici al Code C. c•rin Contracts arch' sin Proce c} ' a d Property Control• 41, C&ncilman ornstock introduced Ordinarc, No. 2254 entitled "Ordinanrte of :fie Council of the City of Palo Alto Amending the ry • xCal tc�c�'' � y�rya ian rt' Rep' Co :%o t p'`3G a;' pray -etch, Said l ",Qvet'• 1t , ; u,�t P" t# 4 ' F r ,-416 and. oi ;�� lc��,5, `` w �.1ra �'to ant: 4,5, .. �� • W gar � i %$t.. :',..6.02-4106. .Pc LApa C� �• Cq t�t.lJ V./ ��jW. qu'�ted .y�Y Arita �y,t � � a the ;t�11, lti o\111. l .1 an P0,e6, x r tlh + to r..a Ga teb r 4 t ar Yn �� 1:5 . %Md,p\va i:: e ap4n , i`,\, 1L a tic txx t� eco-r °� zt <. • i'� �,,tiv' Stc� 5 i; . Sec, �+�'� sec.°rid ��� rexl�t'� � p,�cc. � t�av,�a the 5 y to t'rG uyllCt1 Y „� 1C 3 ii4 �. irr;l(a Ward' w �� ha ; th, ca1 °n and n�� , ir• p �0, o riv,xes t Gav�r � Y�y ; nt . Olen. :. ;t : re p2.r c. . 7 p ot-i,;sn v.�n- yecor. 'The ain�Ysr1,, ., p -11 piter UMGue4trars a af-'a'"�� vcAe ' w -at-115,0\6S Vat,{' r ,. \�,t�' y n 4 xO14 Wo A to11Aw1$" t, •'e 3xyan" ,, •,:,,,-,,e p�1�`� r 'F`111" 1UC1� Coo',..:‘; , a�. c; l:�x 14 AcaC'N ,r+1a tiaeh x ?„.0‘,-11-1..., t Rlt a -r^;"` iV ��� �� , axk �wtx ict>• 4,v,t4lt�<3 1a•1r ri 1�1- `,•1 �tivtl •-,ce g,e-u k �ad� .: pct. �;o= tli�;w 5 t t\AoOTcli.ria t � 4 �A1i1 tc�G�; 1. C£ tt1h. �' r,)i —"' Ox r art i.. x 1 7r sit yar ,.-- 1\N 1. e a, Y r„.ei,,iG i tail a tsClx: Y �•'' �3ZA t %Ys rax;a � 1 +. is... '- ' 5...• Grd zci , �xAl ;ee 4 ac�4� �n.. iar Y'r $t `ti epT..dt `-, 1>" i? C3` 7w ]Q to on te} 4 1jC.t:Ca r .LY'', •»)1 v Vr"Axks�� �'11�•n' �r ,, , • �Gn �Y d� ,t ar•'t Zt- tea ,11 11i3110l''51. aT �S1 G t N t axe r ;� tr3 -._r Grt G �(: �' —.^'" . rise YA�f r 1 " M 3 --------,--- G y4}exYed ��iu� rt- ZP p'a� � ,.i,t , .4,;Y,ich i" C:,,,. xav=fie eSti.Ler ��ux\aR" .2.,� _96c..,, � Y)lu' xE �r�,L , Y Vie.. 1_ � ., .yob: yy, ,ee• a ,T ht r art: d F,:i' A,} i �, `�' ; - r,::} L. 9 121„_. ,� Zip xA� 1tL� �� t1C d �i j(i�J (3 VS " 5V — �? cwt. �0b tie ,ypa-'-° � ) d • `cr a} , G�ai�1r^� ` ` �G alt#'£ r��l5)- � it�'ta r 171C? b , �,gx 1� w `a` exv'� ia" t'e ,tee,.�;vt? -t-• *�Ia .r:�x"'the at,J� se at �' E���.; xtxcz ,,� ,�t.tot' ` a c rs 7 tq £'cg ape, s°' ��'4'r` fro e uv ��ic';c; ta� 5 5e -r . :nw v i�tC: �. - Talrr.au''i.yr G1� • ando 3,600 square foot addition to Buildin4 A. The architect's es- timate was at`$g, 00 per square foot and the low bid received was estimated at $5.19 per square foot However, since the base bid price exceeded the�architect!s'estimate, the staff did riot feel they could recommend proceeding with Alternate B. Mr. Morgan re- viewed Alternate C as-outlinedin°his memorandum, Mr. Morgan recommended the Council Council accept the low bid of $1,217,300 from Harvis Construction Company of South Sari Francisco, and the award of 4ntract with the addition of an amendment to the budget ordinance to provide for the, ;appropriation in the Capital Improvement Fund for Project 63-13 of -the:'balance; of die funds required to complete the project of $1,250„124..00: After discussion, Councilman Rohrs moved the contract be awarded to. the Harvis. Conatr:uc+,ion Company, and introduced Ordinance No. 2256 entitled Ordin ce of th uncil of the City of Palo Alto Making an Additional Appropriation in the Capital Iniprovernent Fund Municipal Service Center Build gs - Project 63-13" and moved its adoption. The nvion was seconded byl3eithrs. Councilman Comstock moved an amendment that Alternate B be i.n-- ctuded,sand the amount of he suggested appropriation in the proposed ; ordinancebe increased by $18,700.00. The motion was seconded, oy Beahrs. * 'R... After discussion, Councilman Rus tiaoved the previous question. The motion was seconded by .Beahrs and the motion carried on a two -thirds' show -Of -hands vote. The • amendrnentetarried won the following roll call vote: Ayes: Arnold, Beahrs, Comstock, Cooley, Dias, Rohrs, Rus, Sher, Woodward, Worthington. Noes:_ Debs,40Flint, -Pearson. fit* After dis;,us sion, the main: motion as amended (with the "total appropriation revised to $1,268,824.00) carried on the following roll call voter Ayes: Arnold, Beahrs, Comstock, Cooley, Dias, Pearson, Rohrs, :Rus, Sher, Wo-0oaward, Worthington. Noes: Debs, Flint. (Councilmen Cooley, Rus and Woodward were not in the Council chamber for the discussion and vote on the following matter, ) 4 SIB �S'7 a Counts - Project Kitchell Park •; e_n=�, yan stated three bids were received for Assistant City Manager, 'vSorr, of c�Zl,tMtc •w as7.k; the.. construction of�"�d ,*dditional tennisan courts at I�/a.Lchell r�'ark; recommended the con- tract that the low bid of i: irna. e that the staff r above the Engineer's 'estixr,,ate; .he budget at:zended to provic:�; �; r,,xndof t�>OTCf:e tract be war ra i the low bidder pl I prove!Men_ for the appropziaticin it the Cap Project b5-7 • Pearson, Councilman Sher moved, seconded by A ..; motion 5yiprii� 1g65. The mo that di sc t " t.ha".'ita�*T:iatter be continued to Octpbc,. 4, carried on a r a,jo:rity ;voice vote. sv 1. Re ort on Recruitment and Ern lovment Practices of the Cii o£ Palo Q;ltos s ntemOr and"um to the Council xl;e;d Septent.City. I.vianager read �. ?7,..3.., 1Q6,: xepoz tang on Alto. e, recr.ui,tinent a.nd ern. councilmen �mY domed Seacti'cbe. 'rnt practices of, the .City of pa.o A }?� the "splendid" report. A discussionffollowe � ncnded apart aff fox car. hire minority groups and pro- vide the partn'xents where the City 4 h de � „ vide on -the =jot, tr. airing • T led wit:7. the Patti• Alto Human moved report be ,fi in to `�5.�' at such t.tsre as they begin, stock zr;ov_c_the " Cuman Ilel Comstock Council for._'• unanimouslytheyb in, Human'Lhe o ti C ins and ca.rried * n,ecr, 'The mono.was 'seconded by p on a'voice vw: R+r t on Games .cti 19b4-65 oxnmltt din Pala A1.n the t. e, surn areporti his on a u committed to the The Council d Assistant ept ;viaxYa�t dieted September 2.-, 7:965,, in Palo Alto durin•e the past year. Afrex discussion, G;our.. lma Comstock moved the staff be directed ri to prepare a repc.et which woul& rehe.^•tied and convicted as 1. show the bt•eaktwowiC o£ thoseo residents, to Palo Alto and non -Palo Al .. show the degree of succes that Pae aor Alto ifs" a.ving in apprehending and 'convicting r contemplated or being nd impleniente3 to.`atrexn.p 3, show what pxograte are reins, L to counteract these trends, par- - ticu1ar1v.ital'�urat�?'ies and larceries. ar y:. The motion was seconded by Be ahrs. It was suggested that the report or .c� t div' a i+ g8 p ^ the City into g,•;c,Mr.zphu_;,.i districts for comparative purposes to determine if c.ert:.. n :areale •4 . had a higher ratio c f crime,. Councilman Cooley su; Bested l bre ak- down on the: number of juveniles who are re spor. si"ale for these crimes. Councilman "Comstock, with the consent of his second, amended his rr_ioti.on•to include the juvenilelnonjuvenile breakdown to the report. In addition, Councilman Comstock suggested the re- port). might also comment on the number of police beats in existences.;. ,oard the possible need forx,additional. policemen. The motion carried unanimously on a voice vote. Next Council Meetinyo4.4 r. • rc Mayor Arnold_"bbse-rved tlie next regular council meeting, was scheduled _for Monday, October. ,1 1 , 1965 but that the League of Cdlifdrn.ia. Cities would be meeting in Sar. Francisco that night. He moved that the regular -meeting be accelerated to Monday, October 4, 1965. The motion was seconded by Flint and carried unanimously ,, on a voicevote. M (The Council recessed at 9:24 p.m. and reconvened at 9:37 p.m.) r.: Ed'ard Scher The City Attor .ey•reported; that :Meyer Scher, as Guardian rd L.iteni for. Ed‘.vard Sct er, 'filed ; -claim in the sum of $10,000 for injuries sustained by. Edward ozi iuly" 'L4, 1965 i,r, Foothills Park when. he ' , allegedly fell on Charnise Trail. Upon irvestigation of the facts and the;- law appt cable thezet.o, he advised that in his opinion there was : no negligence on. the part of the City imposing Viability of a.nv nature and•recor^rraertded thAt.the claim'be denied in its entirety. On motion ofRohrs seconded by Dias and carried ur_animousIy, the - Council-denie;d the claim of _Edward Scher in its entirety. • s "- Robert -,J; •Rie'kse "' The City Attorney reviewed the claim filed by Robert J. Riek>+_, "153, Maybeil W:ay, •in'tlie sun -of $60.50 for plumbing expense re- sulting from sewerstoppage on February 1?, 1965, Upon irwestiga- tion the Caty'At brney concluded there hard been no nef;lige,nce nor was ,.here any liability onthe p rtoJf the City. H. recommended the Council so find an(j „reject the claim in its entirety • 493 9/27:/65 - >K 4 AN r i 4 n . ♦ O?rnOCaonbS »o ohrs,, seconded by zn Council denied t#ir alai Rus and carried unanimously, z of Robert J. Riekse in its Y, the entirety. .lairn far Darra,es -; Ph 11is L. Welch Cit . Y Attorr�cy Michalski �` C Welch rof 70Micha s Court :reported that on August 27,. i�? , Redwood_ erS, .ttorlias „Ourria: C. Gunhelxzx, 1,:31 City.. through her attorney, 'filetrina claim inheim .darker%Street, San Francisco, :damages' to her automobile, and personal injuries California, in the stun of; r $150, 00,0 plus: foi in'ur P -'sans; i1, 1965 ,.. when. ':'ailtp�ob' a �.. J ies susta.ine 4 : being driven plc i,aimant o don June a , ] , - _ unguarded, :unrrr�ar�l�,� excevation� and we jotted into metal device uncovered. ' , n center threof" in the a went oven protruding pipe or -- . Seale end Webster . P oxi,�,a.te Intersection v concluried W Steteets* Upon jfvestigation the e. ccident _wa,s due t° the 'intervention e tAttorney' on ney third `party-w,�thouf malicious' Intervention of a raeglige ice on the part of the , .dadthe Cauzieii *.ej'�ct the»e=1a" � City and � d thet thLncil irn in Its entirety '" rCCOrnI-alE"ne-, y ) 3s alo#ya proper Charge . % r+RbS ` w . + z•. " secon'dedby Raters and carried unanimous Yr, the "Council:denied "he ;claizxx ot.Phylia�r " . ,.I�. Welch in its entirety, Ordi'rf ance' la€tive tocoRe . a Couneid V aired ores on Certain tte.s; 'The City Attoznc Se to ) Te ferred to ; s rrierriorandum. to the Council dated' 4ber,, l.7, : 19.65, recomznendln" «. 2. X03 and wC 2'�j.� o£ g that Sections .Z. Zit a e2="»1rzan e„:2lict f ;ihe Palo.Alto Munici 2. .,p Z, nth .recut Charter a Code be 3`ixadu reducing the size -� the C.ouncxl ?y chars er �merdxslent� reduci.n t certain :de k' girag the vote re % he putx�e;,,tarrd'assis:tants fx''o '� �l. 9u8) r for ers f t of , Councilt c� ht ia� zxie z, t 4 a =ajbrlty" of t:�e Council. ''',I. ,� �, of he Coun '. .r Ci.T11an `il:a: _ yn' N,. ."' .41ti�c,Quced an {�xdir�;a.nCe entitled , Councilofthe^CwityofFatb'°Ata a Ord;nancr. oz, 2 ..03 and; 2.204 o . t � Am,ciiding Sections 2, 1 P qu of„the Palo Alto Municipal Code 20 to. y0?, lred CounclHVotes: on C�rtai.n ,� Relative to .. q first igatters pea , r"ea.d rg. T.heanotion was ses nd d xxRus. Its acceptance. by Rus.*, C>ounc1l17aar Flint ' moved deputies" a"s now . - amendment to r airs the u, •ontaingd in" Words 'salt aance_ all four sections of the pies€r2t ordi.- Thi.: rnot on died for. lack of a second. • xh¢ motion carried ; un m ly o' a voice vote. Y r a 44. 1 . .4 M r, A 4 a • +a • M 4 Y4 • ?N • • rx N • • Mrs r. Ne 4 4, r 4 4 w • 4, w r r • V to, it y`w -I s or jicense - 541 .Rarno''Ina, Street ' The City Attorney -reported•,on an application filed Selaternber Q0, • 1965, for a; On Sale: Beer License from S. Michael, Kern' who p'ians: to'opeR an eating establishment at 541 Ramona Street to be known a tl'ie .,'MBT -Ranch Room," Upon investigation;' with,,ythe ssi:stance pf the" Police Sepamment, he reported he could find no legal basis for -filing a protest and recommended to the Council that the application be, filed without protest. On motion of, Rohrs., seconded by Debs and carried unanimously, the Council filed the .appwcation without protest. „N :1`t'si 'io-Ma bell Annexation anr,. .n.A,..n .. rg Tis meeting combines the public hearing on the annexation ,of the E. Camino:, aybell Anne'xatic,n,;(ope ed',A.ugust 9, 1965) and considera- tio f the zoning proposed for that territory by the Planning Com- 4, mission. w w The Planning ;Coxr mission transmitted Resolution No. 22 to the Coun- c lhwhich unanimously .recornrnenged.•that the property within the El Camino -3 a"`}cbell Annexation be zoned C -3 !'s for a depth of approxi- mately 270 fees fr6m El. Camino Real, and that the remainder of the property be zoned R-3., The Planning Commission unanimously recommended. adoption of an ordinance establishing Fire'Zone #2 for the property' ecommended to be zoned C -3:S, and establishing Fire i^ Zone #3 for the remainder of the property. The PIaribrr_g„,,Commission also unanimously recommends' d the adoption of an ordinance estab- lishing a .tin (10) foot setback along . El Camino Real, a ten. (10) foot setback for the propertyhaving frontage on Maybell Avenue and rec ommerded for C 3S,zoning, and a thirty (30) foot setback for the „re - a„ mainder of" the pr, oper-ty having frontage on Maybell Avenue. Mayor .Arnold ,suggested; there was no objection from the Cour1cixl, that he follow the usuaLpractice in these matters aid call for con- sid:eratior of'th'e_ zoning first. • ,,,. w4, sere being no objection:, the Planning Officer reviewed} the recorn- mendations of'9he' Planning Commission on zoning and referred to the two exhibits displayed on the' Council chamber wall. • The staff ana'wered'questions about; the boundaries of the annexation.w. the different, conditions allowable under R-3 and R-5 zoning, the computation of the', a:ssessed valuation, and Section 35313 of the Governn ent=Code which 'delineates now annexation protests are'"to w ' : be ',evaluated. a • Ma.y Perkins.°�' invited letter �oz" Arnoldld inv red Court, audience to 33', 2965; ra rlcil thou San Mateo, alieilt orni views, ii aced ,his reasons he C.and Which' had i tpwas filed with California s' changed to: R for' request been dist#.buted to t City Council, and r to 'warren to avow for g that the the A -3 Snot ab�.r Mrs• Russfill par�,zd&; °5"ed R-3 z and reiter- ated a Rile zoning be Park Association, Ailey, '�3.q Georgia Pivirs. uszWhie ; bPo' 5 of 'Avenue stated she °u, s O e the. general plan President a ;n • *° ri ahead h o the encompass the territory her 'association Barron. Sh t Shi a felt hrs or�j ih a is given R-5 .under discussion. i�re- �ar'd�l that `a pQ S origi flan for high -density R, he apartment. She z°n�. their , w .. 1' eSent gp.o woaao l; d R I. (szn gQ''�ex;�l.plan Parkin a e able Part Ic_ a zl they ho g ProbIcje t mint build_ that � �h�;trelard 14�: � Y �S �fi'�taat,)• Pea the subject a ��;��u� and ;.a • hz .b r one anol a great ` Street, r::` d be s afar eat seal 'Of concern .Altos if here b ment.; t• hat; concern Califon sse of the of an a q cou d be over po b hick, indicate property, with apa't t zoned C 3 utilizati Re th deve"ld 'td Provide $which on of °e atd aber, X049 pment in the hest ec° would 1` i et ; _ x5ta , t„-eet `r in the area �Homec$Wners Y :PaloCiWti �42t°, on `out °x; reztera:te As pci4ti speaking rc : ed tl�e area• d their, desk °n, ; e xes as chairman stre io ou which h density `� uld :Stated 'that al h 't ei;lit e: ting 110 fain.; ` R -3 C• were wit/low': complic alt. ouch bi e-+ y end arrow . Gordon °` s2vhtvalk$ t�eh � �''lem of the ids slibhtlY. �� „ Newell, cared the narrow me t of Barron hazardo s: S75 treet. Palo favcrx art tree _ -;, Alto, a 8xadu�xl'zelat a irk Park./ands a:� h4 51c}`llespoke Qf 1�1a}•b£ti Ven tad hzP' of.c'°mmer pal the Council l would keep with dev a.ti she. Ito residential kee elan_ deve�►ii Councilman �' 9unst * dentr.al Pin `Would u nent of the' es cloned Mr. Perkins /and. rnind R _g win proPerty he owns. k abort t. mercia.l devetopmeng :fC obtain a use �Llr -Perkins plans for in f ` the Councilman permit ;or purkinlxford ihe�, area a� C`omsta � z cum - P parcel designatedb - ed the secQ c s °t asA 3l t �t'Ianz Planning, CO ,...;: consider on z > led but be xe J. ,. b'. Commission, zoning for this the_ .C,. •' ept that am roll call vote: the tea: 'ornstoe_k, was duly old Deis, jint, ,eaxs©n ern Sher. �er�izrs..`Cd�Ie. w°odwarcl, . Worthington. Dias, Ro hint°n. bars R u Aaa VOW Coi. cilmari::Rohm moved" and it vas duly seconded, that the Council :uphold the lanning' Commission recommendation on the C 3:S area sown on the wall 'exhibit that.•the Perkins property bsf zoned R-5 and the Than proerty to the rear of the C -3:S area be zoned R-1: Councilman Flint naov cd.an'a,mendrnent that the property be zoned' R -3:'D for..the,first 150 feet and R -1:B behind that. The amendment died for lack of a'second: Vice; Mayor Debs;moved the matter be seat da.ck to the Planning. Conn-" zn gsiori so. the details could -be worked out. The Motion was seconded :by, Flint.but; failed:or the :following roll call vote: Ayes:: Debs, Flint,:Pearson, Worthington. Arnold, 'Beaters,, Comstock:, Cooley, Dias, Rohr s', Rus:, Sher, Woodward. The Rohrs motion then carried or the following roll call vote: Ayes Axno)4 Beahrs, ,Cooley, Dias, Rohrs, Re,s, Woodward; Worthington. Noes: Comstock, Debs, Flint, Pearson, Sher. (Councilman Woodward left at this time and did not return.) Mayor Arnold announced ''the public hearing was continued to hear the objections and protests to the. "El Camino-Maybeil Annexation", that the hearing was opened., at the Council meeting of August 9, 1965 atwhich timer)* the City'Attoritey announced that protests had beer, filed by private owner's of 49.13% of the value of the territory proposed to be annexed. In, response to -inquiry. the. City Clerk replied that an additional pre. - test had been filed on September 24, 1965'whicn was a consolidation of two earlier protests filed August 6 and August 18, 1965. and stated she had"received .a -report on the assessed valuation of the entire prop- e'rty and of each parcel owned by a protestant which stated the 1965/66 ass sessed valuation for land and irnprov,.ntents totaled $64,420.00. The City Attorney ;lad sent the Council a. letter dated September 16, 1965 regarding the validity of the protests in which he advised the Council that the protests of Arthur Y. Chin, a tenant at 526-A May - bell, and Grant • A. Denmark, a tenant at 4156 El Camino Real,werc• not 'valid protests, The Mayor asked if anyone present wished to speak on the matter, including the subject o£`the,proposed zoning of the territory. Ye. a. 'Charles J , Seifert; Jr. attorney for Janet Thain, one of the prop erty owners protesting the annexation, said he felt it was "piece- meal -annexing` and::pieeerneal zoning"; that Miss T hain's property adjoined her :brother's property'which was not included in the annex- - ation; that these properties are presently under R-1 and operated as orchards, that, assuming theassessments are correct as calculated by the staff, the figureof49.`13% should indicate that such an annex- ation 'should .not be approved; -that the proposed annexation has only six parcels of prcperty;= and in such a close race, the opponents should not be penalized by_annexation when they had no choice over the boundarie.5 Mr. Seifert stated his interpretation of Section 35313 of the Govern- mentCode was that'improvements listed on the unsecured tax roils should be included in the protest, but he agreed the personal property categoryon the unsecured, tax rolls should not be included. in the case of the Thain property, he said an eleven -year old building appears onthe unsecured property tax rolls because it; is taxed to a lessee, but he felt it should be, included in the percentage of protes- tants:to the annexation because "itwas a definite improvement of t'ri real property." He _presented a copy of the "Summary of Protest filed with the City Clerk on September 24, 1965, which included this building and there`'by changed the percentage of prutestants to 52.19%. In the discussion that followed the City Attorney advised that the im- provements which Mr'. Seifert wished to include were not improve- ments within the definitions of the Code but personal property, that the statute contemplated the .Council would not h::ve to analyze various leases which exist: on property in order to ascertain the percentage of Protestants.but would use'the value. of "land and improvements" as appearing on, the lasts equalized assessment, role. Warren Perkins and James Cope?and' answered further questions .from the Council Mr Copeland mentioned a $6,000 sign on his motel which is included on the personal property lax roll. Mayor declared. the p7ubhic hearing. closed. Councilman Rohrs , introduced Resolution No, 3846 .entitled "Resoiu- tion of the Council of the City of Pa'io Alto Finding. and Declaring that a Majority. Protest 1-faiNot Been Made to the Annexation of Certain` Lin'- inhabited Territory Designated as 'E1. Carnino-•Maybell Annexation' to the City, of Palo. Alto;: ' arid Moved its :adoption. The motion was seconded` by Bea ;rs and carried on the following roll call vote: Cooley, .Dias Rohrs, Rus, Noes Corry ock, Deb::,: Fl nt, Pearson, Sher, Councilman Beahrs"intr:oc.ucrd Ordinance No. 2258 entitled "Ordi- nance of the ;Councilof the City of Palo Alto Approving the Annexation of Certain L1:rsinhabited rer•'ritory Designated as `El Camino-Maybell :. • Annexa3tion'to the City of. Palo Alto" and moved its adoption. The motion was seconded by Rohrs and the ordinance was passed on the following: roll call vote: Ayes: Arnold, Be:ahrs, Cooley, Dias, Rohrs, Rus Worthington: Pearson, Sher. Councilman Diassintroduced an; -ordinance entitled "Ordinance of the Council of the City,"of,'Palo ,Alto -Amending Section =.02 of Ordinance • :No. 13.24, the' - Zoning Ordinance., Chsriging the Toning of Certain Property Known,as the 'E" Camino,-Maybell Annexation' to C-3:5, and R-'1, and'inoved it4`acc'eptance for first reading. The tion was seconded~ by Beaters; and was carried on tn'e following rota call vote:: u• Arnold, Beahrs, Cooley, Dias, Rohr:, Rus, Worthington.. Noes: Comstock; s ebs, Flint; Pearson, Sher. Councilman Dias -introduced an ordinance entitled "Ordinance of the Counc=il of the City of -Palo Alto Amending the Official Fire Zone Map of the City -Of Palo Alto (Section 1,601 of the Uniform Building Code) by Establishing. Fire Zones 2 and 3 for the El Camino-Mavbell, Annex- ation" and moved its acceptance for first reading. The motion gas seconded by Beahrs' and was carried unanimously on a voice vote The tiPlanning.Officer called attention to the proposed ordinance estab- lishing setbacks and suggested that with the change in zoning approved by the Council., the setback -for: the property having frontage on ?4ay \aeli Avenue should be revised, from thirty (30) feet to twenty (20) feet, with the remainder of the ordinance establishing a ten (10) foot setback. Councilman Rohrs introduced an ordinance entitled "Ordinance of the Counc.1"of the City of Palo Alto Amending Ordinance No., 1896,, the Setliac,k Ordinance, by Establishing Setbacks on 1:;1 Camino Real and Maybnll Avenue for- the El Camino-Maybel•l Annexation" and moved it be accepted for first reading, establishing a ten (10) foot seback along El Gannino-Real, a ter.' (10) foot setback for the property having front- age on Maybell Avenue and: recommended for C -3:S zoning, and a twenty (20) foot setback for the e'remainder of the property having frontage ; on Maybell. Avenue The motion was seconded and carried unanimously. on a voice vote. (Councilman Worthington left the Council chamber at this time.) K. Motion to Adjourn Councilman" Cooley moved the remaining items on the agenda be con- tinued for one week until -the 'meeting :of October 4 and that this meet- ing be adjourned. The motion, died for lack of a second. The Planning Con r ission unanimouslyy recommended denial of the appeal of.%.4.lbert:A. Nagle and Peter J'ericofi for a subdivision of less than five lots for a portiono of Lot 7, Briones Partition (rear property in -the, vi-einity_.of�--4277 Iviiranda;'Avenue). Counsel for the applicants • re quested the matter be`cortinued from the meeting of September` 27,. Mayor Arnold referred to a recent letter to the Council dated Septem- ber 24., 1965 from applicants' counsel, which asked that the matter be returned to the .Planning Commission for a rehearing and listed. six reasons for the request : He moved, seconded. by Flint, the mat- ter be continued to the meeting of October 25, 1965. After a short discussion, the motion lost ona voice vote. (Councilman, Worthington returnedto the Council chamber at this time.) Councilman Comstock moved., seconded by Dias, that the Council uphold the Planning, Cornmission recommendation and deny the appeal. Ernest W. Schmidt, 407 Sherman Avenue, attorney for the applicants, reiterated his reasons for requesting a rehearing by the Planning Com- mission'. In the discussion that followed, the Planning Officer re- viewed the details of the :proposed subdivision a: contained in the Planning; Commission 'minutes of August 25, 1965. The;=riotion" to' deny' carried on a majority voice vote, with Flint voting no, Agreement with Chamber. of Commerce Theproposed agreement between the City of Palo Alto and the Palo Alto Chamber of Commerce at Civic Association for community serve- ices for fiscal year ' 1965-66 was continued from the meeting of September 13, 1965. (see pp. -481- ). Councilman Dias moved that the Council approve the proposed agree- ment with the;.Charnber, of CGommerce, for the sum of $10,515.00 and that the Mayor be 'authorized and directed to sign the agreement. The motion; was: seconded by Rus in response to e the farm of the question, . Councilor agr��men� . � Dias said her motion to aPProv, preceding was_ based on the , paragraph g (September 13th �, Council's actian be deleted in its ) hich directed at tti rritixety. that the second ,. Councilman Sher strianc moved.an. amen out paragraph Z.. amendment, seconded b to renuQut p me (g) (a) on. page 3 in the byPearson„ . sum of the to paragraphs accordingly, and to to cont.raet $9,015.00. sum of $:. 504.00 $9.42 S, 40, change the final Conrad Gullixson of the Chamber of 1454 University -Ave of happy" Commerce, stated the Kpe Chamber President PPY to have s gas af h it a " to thi�ilbroehure deleted from then was g not willin • < Publication; �� budget as they The amendment lost on the :.g ,, ollovving roll call :Vote: Ayes:*Co stack, Delis, 1Fearson Noes: Arnold, Sher, Worthington. rnold ?3eahxs ,ace',kta or Cooley, Dias, Flint, Rohrs Rus, Y Debs; moved j amended to moved, se,conded-b further ollasa,in Y Pearson, that the d t o i .e tuat;:it-e f 11 not g' clause: "The Chamber con tract--be any ether group, t engage in, nor. w n o C° in any municipal tithe p which engages in, -an will sponsor pal election•. and that the' Chamber of Commerce in a regular or any way as;,a, propozaent �opponent of Corn special regular- pedal of any issue or n'se in witI not act or s rnun�cipal•e candidate inv , . Ir�tiaai, e. olvec, an a .After discussion, Counciliiiara- motion was aeconded . Beah s moved the two-thirds .majoritys by Rus but' the previous on a show _ motion failed question of hands vote*. to carry. ,a The amondmc nt lost on the following roll call vot .°sye,s: Caarastoc7k :. e. Dabs, Flint, Pearson, Worthington. Noes: Arnold; hington. Beahrs,�Coo ley, Dias, R ohrs. ftez further Rus, Sher. tiOn: discussion, • Counci limb ii . aria" on..was =seconded Rus moved the yoraty ori. a Y Bveahrs previous goes_, show-of:har.,ds but fails to vo.e, carry a two, The Dias motion . ' carried on the following roll call vote: Ayes: Arnold, � .. a Beahrs, . Coole Noes: <:axxas'tock Y, Dias, Flint, Rohrs R Debs, Pearson.Sher, Worthington. gzon. Councilman Rus left the meeting at this time and did not return. Authority of Council" Standing Committees -=Due to the :lateness of the hour, Councilman Dias indicated she `would be willing :to :ha' e her request for clarification of authority of council Standing Committees continued to the meeting of October 4, 1965. Councilman Rohrs moved the balance of the agenda be continued to. the meeting of October -4 1p965. The motion was seconded by Beaters but failed on the following roll call vote: Ayes Beahrs, Cooley. Flint, Rohrs. woes: Arnold, "Comstock, Debs, Dias, Pearson, Sher, Worthington. a The.Council;rece.ived a ktter dated August 28, 196 from the Presi_x dent of the -Board -of Director of the Palo Alto -Stanford Hospital Cen- ter which suggested an addition to the fourth floor Core and West Pavilaon'bui1dings for expansion of the on -call quarters for intern and resident physicians at a'c`ost of approximately $100,000. ScF:e - irate drawings prepared byl,, the' architect were attached for Council re- view. '- Dr oeRoy E. -"Baiter, 'Director of ,the Palo Alto -Stanford, Hospital 'Center, referred to the. letter and stated the Hospital Board had oc- casion to discuss ownership-' of the addition and recommended to both Owners that since 72% of the ,house 'officers are assigned to the patient services inv,plving care of Stanford patients and 28% are involved in ahe care of Palo Alto patients, the Board proposed that 72% of the funds that have. to be provided will be taken from Stanford income and -28% from Palo Alto, income; further, that the asset when completed will be owned 72% by Stanford and 28% by P:tlo Alto. In response to query, Dr.Bates replied they were not asking either - Owner for rnoney;` thatit„is a "pay-as-you-go" proposition. Councilman Comstock moved, seconded by Rohrs, that the Council approve the>project and draftan amendment to the operating agree- ment and corporate by laws for this specific purpose. The motion carriedunanimously on a, voice vote. The of the Palo ` the to do Alto . ed a Ie� tentative statement' n f the 1Center fiber lefro, a ctataan the auciitors, which .ree Q 'Director ford he.Arexdn cxd re�x�ed nted a copy a:'. d ition t of.the a letter ion ` : Ce $pard dated =dir z,ri thrice of iderer ` the r' . of Director f the aabe: to: ober.t.'%Le e'nstieag orsted' that s of the Palo i�'' ig(�S continuance dot' re President o f t the pita.1Council Boar n- Sterling, tQx and to its dent `o'f the he Kas fares fox University's. fi� Freei attachment, 'ward '•tad Center Iixe d Univer$i dcnr. of Sat ent, a Ie °rDirectors, al oard Mter. to budget ar, ap.Prcvt Stanford' University, : r referred Klein ° plan the H'os Y, which r ity ince .Board said that the agreed to b the Bo.ersi reaffirmed Stan- ford that thwe/corned sid the .Board needed by iinfor authority in gave them acts as attendance of the to plan far c Yon May 21, re- gard hos to manage; a trustee City Councile future. t 196$, 1,5% tpa the Bo e for d: that the of an investment at thei that th4k, them 1p the residents .Board his' ent whit r ensure the rush; ,,,A/to' the re ents of the been -entrusted ntr h the which meetings; ��ra%ple aa, staff and f residents; and the hospital community, v azsttr to a sfo r tihes s diCal Stiff -and ff ..or acudty, He asked s erves ` ap of e a o the I3o letter a waked r ; es as trustees and or le ` r', rnen e CO!;n ustees responsibilities as trustees. be, <: a bec,„+, f4r aIixincil to approve for Vice. e in ayor Delis mow st��s A4s;tion tp yx�utatdi'a ac e, ed the ear discussion, .the rno Con� failed secondedmatter {• referred to on .4 waded on the by CQr stook he Corr�rryittee; Ayes-: Com tock� DebFs, Ft, fodlouing raft call fter Ie>agthy. int .'ears vote: Arnold d�ea .Pearson. After, orthah13ea sf Cooley. Dias trh`at dasits$ion W. Rohrs, Sher, the ee Council' directhrhe City. Attu hat t Co cil' d indicating the' City .4't xney to draft an re ��j authprtty f0r:. Cpura`cal approval afar? agreer=rent Rohrs moved authority tinan pp royal of Ros giving the. , pxta.I non -Owner a er sources, anted by 1ncaaa a prom al Canter budgets, other l'2j au � patients a» oth authority- .for. er Caut'ho ity- f establishingsery and;.. g`'ctZar$es for Dios. 4,,. ij official pital o' bonds; retief f om the he obliatio 4_ .196 � this drat be -presented n of the amortization >ated t© the Council at its meeting October 504 9; 27/-65 Councilman Sher moved an amendment, seconded by Beahrs, to insertafter the word "approval," the words "tor the fiscal year 1965-66"._ The amendment carried on, a majority voice vote. The main motion As amende<"f carried on the following roll call vote: Ayes: Arnold, eahrs Cooley, Dia. , Pearson, Rohr s, Sher, Worthington. 4, Councilman Comstock moved, seconded by Sher that the Council modify the "portion of the agreement which imposes limitations on physicza:is_serving on the Board and that this limitation be deleted. '(Counc' loran Flint left the meeting at this time.) R:fter considerable dis..ussion, Councilman. Worthington moved the Council `'adjourn. The motion was seconded by Rohrs and carried on the following roll call voted. Beaters;-.• Cooley, Dias, Rohrs, Worthington.' Noes: Comstock;' Dubs,Pearson, Sher. The meeting was adjournedat 1Z:56 a.m. to 7:30 p.m., Monday, October h, : 1965. APPROVED: �H.