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City Hall, Palo Alto, California
March 25, 1963
The Council of the City of. Palo Alto met in regular session on
this date at 7:30 p.m., Vice Mayor Rodgers presiding, in the absence of
Mayor Cresap.
Present: Arnold, Bishop, Byxbee, Debs, Dias, Marshall,
Rodgers, Roers, Rua, Stephens, Woodward.
Absent: Cresap, Porter, Zweng.
Vice Mayor Rodgers announced :hat copies of the minutes of the
meeting of March I1, 1963 and copies of the minutes of the adjourned
meeting;' of'March 18, 1963 had been distributed to the Council members.
After a discussion relative to questions propounded to Dr. Harold Santee,
Superintendent; of the Pa1Q, 4lto Unified Sc:`,00l District and his answers
to them, a motion was rrwAs. by Rohrs, duly seconded, that the minutes
be approved as written and distributed. On request of Debs for a roil
call vote, the minutes were approved by the following vote:
Ayes: Arnold, Bishop, Byxbee, Dias, Marshall, Rodgers,
Rohrs, Rus, Stephens, Woodward.
Noes: Debs
Absent:Cre sap, Porter, Zweng.
idewaik Re airs &4i3cellaneous Concrete Work
Assistant City Manager Morgan reported that bids had been
received by the City on March 22, 1\763 from ;live contractors for mis-
cellaneous concrete work on sidewalk repairs, the lowest bid being
"$6,796.25 submitted by Don L. Hagemann, and the highest bid being in
the sum; of $13,708.80. He noted that the tow bid was approximately
3% below the City Engineer's estimate of $7, 014.85 for the work specified
in 'the bid proposal and recommended that an award of contract be made
to Don Hagemann in the amount of his bid.
On motion by Woodward, seconded by Rohrs, and unanimously
carried, the contract for miscellaneous concrete work was awarded to
Don L. Hagemann and the Mayor was authorized and directed to execute-
a contract in accordance with the bid submitted by :Mr. Hagemann.
jVtanuela Mutual Water Company
The Assistant City Manager reported that during the past two
years the staff has been negotiating with various water companies which
provide service in the Foothills No. 2A area and that Manuela Mutual
Water Company could be purchased for a sum of $11,008.28; that this
company services about thirty-two customers.
It was moved by Byxbee, seconded by Woodward, and unanimously
carried that the City contract for the purchase of Manuela Mutual Water
Company in said sum and that the Mayor be authorized and directed to
execute such contract to purchase.
/'
:.6
Ordinance No. 2I32 (Petition for Referendum
tortion of FoothillsAnnexation-No. s
The Vice Mayor announced that a petition for a referendum had
been filed on March 12, 1963 with the City Clerk; that the petition bears
1,359 signatures, protests against adoption of Ordinance No. 2132
changing the zoning of certain property known as a portion of Foothills
Annexation No. 3 from R-E:A to P -F, and requests that said ordinance
be submitted to a vote of the electors of the City of Palo Alto at the next
general municipal election, pursuant to referendum provisions of
Article VI of the City Charter,
He then read to the Council. the City Clerk's certificate of
sufficiency to the effect that the petition contains signatures in excess
of 10% of the entire vote cast at the last preceding general municipal
election, to -wit: 1,223 signatures, 786 being necessary to qualify.
The Vice Mayor acknowledged a communication from Edward
Worthington in reference to the stand taken by the petitioners and noted
that a copy of this communication had been furnished to each Council
member.
Councilman Rohrs moved that the referendum be placed on the
ballot for the May I4, 1963 election. The motion was seconded by
Woodward.
Philip S. Flint, who was present, requested that the Council
move to rescind the ordinance rather than place the matter on the ballot
but was advised by the Vice Mayor that the arguments on both sides of
this question had been thorot4hly debated among the Council members
and also members of the public; that this meeting was rot .a public
hearing.
The motion was passed by the following roll call vote:
Ayes: Arnold, Bishop, Byxbee, Debs, Dias, Marshall, Rodgers,
Rohrs, Rus, Stephens, Woodward.
Noes: None
Absent:
Cresap, Porter, Zweng.
etitions for Referendum
osition
Vice. Mayor Rodgers announced that the City Clerk had set
5:00 o'clock p.rn. on April 10, 1963 as the final date for submission of
arguments for or against the following measures to be submitted to the
voters at the municipal election on May 14, 1963:
Proposition A.
Proposition B.
Rezoning of certain lands known as 721 and
727 San Carlos Court and 716 Colorado
Avenue (Ordinance Nos. 2116 and 2118).
Rezoning of certain lands known as a portion
of Foothills Annexation No. 3 (Ordinance
No. 2132).
167
In answer to inquiry the Vice Mayor stated that the procedures
on submission of arguments will be carried out according to law.
Discussion was held on the question of the propriety of councilmen sub-
mitting arguments either in favor of or against ballot propositions, and
the matter was put aside for possible future consideration and discussion.
rj�.teznational Firefighters vs. City of Palo Alto
The City Attorney advised that on the same day the District
Court of .Appeal of the First Appellate District in San Francisco ruled
that Sections 1960 to 1963 of the Labor Code were matters of statewide
concern and applied to charter cities, the District of Appeal of the
Second Appellate District in Los Angeles held that these sections in-
volved; matters of municipal affairs and did not apply to charter cities.
He recommended that to resolve the conflict in the law, the case of
International Firefighters vs. City of Palo Alto be appealed to the
Supreme Court.
On motion by Byxbee, seconded by Stephens, and carried unani-
mously, the City Attorney was directed to proceed with the appeal of
this case to the Supreme Court.
Newcomb Estate Matter
Vice Mayor Rodgers requested Councilman Marshall to preside
over the meeting at this time (8:00 o'clock) during consideration of the
Newcomb Estate matter, th.e Vice Mayor then absenting himself from
the meeting.
The •City Attorney read a letter prepared by his office ( a copy of
which had been forwarded to each Councilman! relative to the probate --
court's decision that the gift of the property to the City, because of the
provision for the destruction of the house on the property, is against
public policy. He stated he felt the. City had substantial arguments in
its favor - that the provision in the will was not contrary to public policy,
and recommended that the City appeal the probate court's decision to
the, District Court of Appeal and, if necessary, to the Supreme Court.
The matter was discussed by the Council and a motion was made
by Byxbee, seconded by 'Woodward, that the Council instruct the City
Attorney to. drop any, further proceedings in the matter of an appeal.
(Courc.ilrrian Debs left the meeting at S:08)
Mrs. Jean Slocum,; 550 North California Avenue, requested that,
:the matter, beer:eferri d to the. Citizens' Advisory Committee on Parks
ar_d Recreation for its recommendation as to the suitability of this
property for a.parl site, advising that the committee is meeting on
April 2nd and she believed a recommendation_ could be furnished to the
Council a.t its 'meeting on April 8th, in sufficient time that the City
Attorney could file a notice of appeal, if that should be the Council's
decision.
Ronald K. ,Millar, 261 Hamilton Avenue, addres.;ed the Council,
stating that he is attorney for the administra,:or of the estate and that
in his discussionswith Stanford officials, the university's recommendation
at the present tirne is not to appeal the decision of the court. (The
property, pursuant,to the will is to go to Stanford University if the City
does not acceptit for' a neighborhood park.)
After further discussion, Rus moved that this matter be re-
ferred to the Citizens' Advisory Committee oz Park and Recreation,
to be considered at its Meetir4g,on April 2, 1963, the' committee to
present its rei crnmendations 1.o"the Council on April 6, 1963. The
motion was seconded by Arnold and was carried by a unanimous voice
vote.
(Vice Mayor. Rodgers and Councilman Debs returned at
8:17 o'clock 'a.n3 were present for the balance of the
meeting...)
?Raim for Darner es
The City Attorney reported on a claim filed on February 5, 1963
by Gladys Blodgett, I425 Dana Avenue, in the sum o.f $356.77 for damage
to her sewer, supposedly caused by City trees, advising that there is no
liability on the part of the City for this damage and recommending that
the claim be denied.
071 motion made by Byxbee, seconded by Debs, the recommenda-
tion of the City Attorney was accepted and the claim was denied in its
entirety.
On -Sale Beer .and Wi'ie License
n�ora�i�ew Camino Real
The City ,Attor ney reported that on February 21, 1963 the City
Clerk- received a notice of the application of Stella and George Jalkson
for an on -sae beer and wine license for the Stanford View BBC). He
advised that the applicants now hold an on -sale beer license which was
granted ir. December, 1961 over strenuous.protest by the City and the
School District and th.at no further or different grounds exist for protest
against this• application than were presented at the original. hearing. He
farther reported that the Police Department had advised him the sale of
beer on the premises has not created a police problem, and he recom_-
mer.ded, therefore-, that the notice and application be filed and no action
be taken in the; matter.
A :ro:icon. was •rn' de by Bishop, seconded by Woodward, that the
recommendation of the City Attorney be accepted and that the notice be
filed. -
The ma^.t.er w:t', discussed at length and at tilt". end of the dis-
cussion the motion. was c.a.r,ied by the following roll c;.i1 vote:
Ayes:
Noes:
Arnold, Bishop, Byxbee, Dias, Rodgers, Rus,
Woodward.
1). bs, Marsha.11,• Robs. s, Stephens.
Absent: Cr. sap, Porter, Zweng.
esi•nation fro:cn Board of Directors •
o . to- tan, ,or e ica entFr
Vice Mayo; Rodgers .stated that he was sorry to announce the
resignation of 1-3orace M. Blinn from the Palo Alto-St.u...ford Medical
Center Board of. Directors.
•
On :n•:>ti:on -made by Arnold, seconded by Robrs and unanirnously
carried, the Council:; accepted with regret the rrsign„Lti.on of Mr. E.linn'
from the hospital Board.
Co'iini.ilnian`Stephens advised that as a matter of public infor-
mation, Mr. .1:3linn's resignation was due to the pressure of his schedule
on his own work arid that he, felt he could not conscientiously continue on
the Board on account of the demands on his time and his inability to be
present at :natty of the Board meetings.
Downtown Palo Alto Inc ."
A letter. from Downtown. Palo Alto, Inc. was, acknowledged,
containing the following statement of policy:
"The Board of Directors of Downtown Pilo Alto, Inc.
c-ndovses in its entirety the Mayor's Action Committee
Report on the Downtown, Plan dated October, 196?., and
urge:: immediate action to expedite the start and corn
pletion of the Beautification and Parking Pha7es of the
Dowrtown Plan now before the City Council. "
The 'Tice Mayor noted. that a Resolution of Preliminary Determin-
ation and of Intention, and calling for Engineer's Report, had previously
been passed by the Council and the program was going along on schedule.
Traffic Contrc>1 Middlefield Road
An open letter from Ccritral Palo Alto Residents' Association
with reference to traffic on: Middlefield Road and proposals for solving
the probler' as acknowledged, ;the Vice Mayor stating that a copy of the
letter had been. sent to.' 'each Councilman.
The Associationwas thanked for its proposals, and appreciation
was given for' its cooperation and effort on the solution of this traffic -
problem.
(Couzici.lman Rus leftthe meeting at 8:34 p.m.)
Derno_ktion o ;l3uz �
'4 -"447 ima Strcef
j )•17:7 ref 1 and`11�1,.-1/2 University Avenue
�zx.� ; r-• .._.,. _
A letter was acknowledged from L. M. ' aratsyn, Esq. , represent-
ing Sadler Properties, Inc;, , requesting extension of time :Eor use of the
building at 445-447 Alma' Street. 101 -105 -107 -109 -111 -i11 -1/Z
.University Avenue, together with a petition in support of the request
signed by son -;e of .the residents of this property (Palo Alto .Motel).
Mr Fara.syn, of 660 Dana Street, Mountain View, spoke to the
Council in support of the petitioners' request mentioning that some
temporary measures had been takentolessen fire hazard and other
unsafe conditions of the building and requesting that the tenants be allowed
to occupy the second floor until June 30, 1963.
A motion x'nade by Rohrs that an extension of tirne until
'June 30, 1963 be p,rante-d to the tenants of the second floor of the building.
The motion w::t:s seconded by Marshall.
170
The request was discussed at length and following the dis-
cussion the motion forextension of time to June 30, 1963 was lost by
the following roll call vote:
Ayes:
Bishop, ;yxbee., Debs, Rodgers, Rohrs, Stephens, Woodward-.
Noes: Arnold," Dias, Marshall:
Absent: Creeap, Porter,. Zwenge Ruse
The Vice, Mayor. explained to the people who were present that
because the oeiginal, agreement on demolition was enacted by Council
resolution, .eight votes arc,require.d, ,pursuant to provisions of the City
-Charter, for •my change on._such•an enactment, and therefore the
•motion. was lost.
Notices of Annexation
Notices of .annexation of territories described as Miramonte
No, 21 and .Cuest.a No: 1 to the City of :Mountain View ‘vere received
and ordered filed. It was noted that the territories involved are not
contiguous ,to Palo Alto.
(Cour;cilinan Rus returned and was present for the
balance Of the meeting.)
us• Sy�tem
Couneilman Dias questioned'the members about the progress of,
, the special :comrnitt e on its studyof bus transportationand subsidizatione
and its recommendations, She stated she understood it was intended to
have a report ready in time for an adviscry preposition in this regard to.
be placed on the ballot in May, if so desired.
Councilman > Woodward, as chairman of the special committee
or: this study, explained) that the committee had been meeting regularly
and that a'rcpc.rt of its rec'ommendat_ions would be subebittcd to the
Council members within the, next ten or fifteen days.
Wild -Life- Resc u.r.ces - Bavlands
A request had been made by Mayor Cresap for authorization to
inform the Santa Clara County Board of supervisors of the wild life
resources in the Baylartds and requesting that these be considered in
development of the yacht harbor facilities.
A motion was ,.n ade by Dias, seconded. by Marshall, that the
lvlayor be authorized and directed to write to the Santa Clara County
Board of Supervisors in :accordance with his request.
Th.e n;atter'w,as discussed,at length. Councilman Byxbee
mentioned he understood the City had a surplus of revenues in connection
with the yacht :arbor of some $10,000 or $15, 000, and he moved that
the Committee of the Whole consider the expenditure of this surplus
between now ar.d July 1, 1963, when the louse with Santa Cta.ra County
becomes effective, to 'reestablish and improve the berm in the harbor.
The future use of dredging spoils as material for repairing the berm
was also discuttse.d.
1'j
The motion was seconded by Rohrs and was unanimously
carried.
The motion to authorize and direct the Mayor to write the
Board of Supervisors was carried by a unanimous voice vote.
odor;rourd tilitie�s (Qrdinanc N�o 1�9
The installation of underground utilities was discussed briefly.
The City Attorney answered some inquiries on the requirements of
the ordr an te, ,,pointing out that any new utility installation shall be
placed underground ',unless in the opinion of the City Engineer such
underground installation in any particular instance is not feasible or
practicable".
Street e hti a andwssxa Street Suns.
�si
A motion was made by Debs that the staff make a study on the
cost and feasibility of installing reflectorizedstreet signs, on a gradual
basis, the staff to report its findings to the Committee of the Whole at
a later date. The motion was seconded and carried unanimously.
emolition Buildin Palo Alto Hotel
A request from Mr. Farasyn for reconsideration of the motion
with reference to dexnolition'of the building (Palo Alto Hotel), pre-
viously acted upon by the Council, was heard. A motion made by
Rohrs, seccnded and carried by a majority voice vote, that the
Council reconsider this matter.
Mr. Farasyn explained that if the occupants were allowed even
a two or three week extension of time, it would give them an opportunity
to find quarters in a new hotel now under construction, and nearing
completion, in the downtown area. He pointed out that the majority of
these tenants were in a limited income bracket.
After discussion on this request, a motion was made and
seconded that the tenants ,be, granted an extension of time to June 30,
1963, The notion was again defeated (because of the eight votes
required) by the following roll call vote:
Ayes: Bishop, Byxbee, Debs, Rodgers, Rohrs, Rus, Stephens.
Noes: Arnold, Dias, :Marshall, Woodward.
Another motion was made by Woodward, seconded by Marshall,
that an 'extension of time for thirty:.days from April 1, 1963 be granted.
This motion was carried by the foltowing roll call vote:
Ayes: Ar 'old, Bishop, Byxbee, Debs, Dias, Marshall,
Rodgers, Rohrs, Rus, Stephens, Woodward.
U Ss Coreferenc ir ng)
The Vice Mayor announced that the Thirtieth Ar-aual United
States Conference of Mayors, to be held in Hawaii this year, com-
menced on. June 10, 1963, which is likewise the date of the first
regular' Council meeting in June. He stated that unless there was an
objection, the first Council meeting in. Jur.e would be on the 3rd
rather than. the 10t:h. There was no objection, to this change and it
was so ordered.
3oiler Inspection
Ore Df the Cour,:ilmen stated that he was rn.uch concerned, as
all people were, to rc;:ad about the recent boiler explosion in San. Jose.
He questioned the staff as to whether the State has the responsibility
for regular- %)oiler it spections or -whether it was .: direct responsibility
of the:. City. The Assistant City Manager advised that the staff would
furnish to the 'Council a report on this matter at an early date.
xinual Audit. o_' C.tv Books
...=was ---W
A letter and proposal for the =tudit of the City's records and
accounts for the current fiscal year from Lybrand, Ross Bros. &
Montgomery ws.s acknowledged. (A copy of both the letter and proposal
had been s.er,t to each: Councilman.)
The ',rice Mayor requested that this matter be referred to the
Committee cf the Whole for consideration at the time of budget con-
sideration, ,Ln.d on motion made,seconded and unanimously carried,
it was so ordered.
;i:ancellation-of Ta,ce's (Ore on Avert•ue Pr ecis
On: rnotion by Bybee, seconded by Dias and unanirzousiy
carried, taxes on the following properties, in the sums indicated,
were cancelled pursuant to t•rte request of Santa Clara County, being
taxes on pro:Derty acquired by the County in connection_ with the
Oregon Avenue project:
Seale Subdivision No. 6;,
Portion. Lot 9, Block 1(Harris:Behrmann)
Portion Lot 9, Block 1(Yost)
Portion Lot 8, Block 1(Her_shaw)
Porticn ; Lot 4, Block 1(Hansen)
Portion -Lot 1, Block'l(Perez)
Po=tion. Lot 5, Block 1(L.arge)
Portion Lot 12, Block. 1(Ander son,)
Portion Lot 17, Block 1(K.e.ebone)
Portion. Lot 17, Block 1(Jepsen)
Portion Lot 5, Block 1(Geiter)
Portion Lots 9 &.12, Block 1(Anderson)
PortionLot 5; Block 1(Sh.ol.in & Gerber)
Portion Lot 13, Block 1(Bray)
Southcc6 in Addition
All of Lot 1 & Portion of Lot 2
Block 205 (Chera= d)
Af.ofLot 18, Block 204 (Williams)
All.of Lot 1, Block 204(Davis)
Allof Lot 15, Block 203(l-Ioxie)
Alibi Lot 13, Block 20Z(Hall)
All of Lot 21, Block 205(Holly)
$18.50
19.45
13.58.
10.44
21,79
10.41.
27.44
15.62
20.26
25.74
12.58
7.88
11,77
32.97
30.83
26.20
29.95
22.87
22.94
173
Seale Subdivision No. 5
Portion Lot 7, Block 6(Slirger) $12.49
Portion Lot 9,: Block 6(Thalken) 23.09
Portion Lot 1, Block 6(Schultz) 19.60
Portion Lot 6 . Block 6(Strange) 13.63
Portion Lot 5, Block 5(Sh.errells) 21.64
Portion. Lot 7, Block 5(Bozynski) 17.9 3
Portion Lot 7, Block 5(Fixian) 17.26'
Portion Lot 7, Block 6(lawistowki, Czeslaw) 19.32
Portion Lot 5, Block 5(Magee) 21,90
Portion, Lot 6, Block 5 (McManus) 26.82
Portion Lot 7, Block 5(Daken) 1.3.74
Tract No. , 2217, Montezuzna Court
All of Lot 1, Block 1 (Gross) 31.14
Tract}No.. 938, Elrmdale
AU of Lot 2, Block 4(Franckel) 28.73
Lot 1, Block 1(Hays) 21.34
Tract No 1339; Colonial Court Unit No.. 3
Lot Li (Smith) 25.98
Lot 62, (Sutton) 26.86
Tract, No. 1.1.58
AU of Lot 14(Ridgeway)
Lot: 15; (Zi'_ernbo)
Tract ,to. 1414
Lot. 4,.. °Block 1(Schluter)
Lot 2, Block l(Sturm)
Tract No.' 140.2
Lot 1, Elock 1 (Huff)
Lot Z, Block 1 (Zagiba)
Lot 3, Block 1 (Witt)
Tract No. 47, L.auxneister Subdivision No. 2
Lot 13, Block 211 (Zeeb)
All of Lot 2,Block 212(Eest)
Lot 1. Block 211(Webb)
All ofLot 9, Block 211(Cortreas)
Lot 12, Block 211(Hebrew)
Lot 15, Block 211(Morris )
Allot Lot 16, Block 21 1(Cunha)
Lot 17; Block 211(Fairman)
Lot 11, Block 211(Kaszus)
Total.
21,84
25.33
22.13
27.54
22.35
17,46
24.74
13.91
23,10
22.29
33.70
21.79
21.25
19.16
25.29
13.18
$1,077.75
Flood Control and Water. Conservation Pro ran
A let^;er was acknowledged from Santa Clara County Flood
Control and Water Conservation. District, together wit'' a copy of a
"Resolution Adopting Recommendations of the Santa Clara County
Water Commission and Declaring a Pricing Policy for the Water
Program" adopted or March 4, 1963 by a unanimous vote of the
Board of Supervisors. The letter requested that the Council adopt
a resolution 'supporting the recommendations of the Water Commission
so that the Flood Control District will be able to announce an official
unanimous support of the county water program.
Vice Mayor Rodgers stated that Mayor Cresap had recommended,
no action be taken :i in matter until representatives of the District
met with znes':'.bers of the. Council and staff to discuss i.n detail the
proposed program
carried to and it was moved, seconded
defer a an
action until after such d ur_azziassously
meetir4g,
A short discussion
n '=r of hor followed
mosquitoes and relative to the increasingthe progress
Porte Study or Possible flooding $$ beano made bydevelopment Councilman
result from futurr.
Miss Harriet Muzxd
to commend the ri Y. 757 Tennyson
Mayorand the Avenue, stated e w
to the yacht harbor and the.: Council for their anted
preservation of wild actions taken ina regard
ds.
Mrs. �'lorine ' life in the Baylands,
difficult to O'Shea also exp
ressedMayor
the Council.
ou appreciation
Y and C°L;r4cil, for the many
The V Mayor Vice
connection Vicwith announced that
an the meeting,
a personnel matter would
ou d executive session
be held immediately after
There being no further business
9:33 p.m.
the meeting adjourned at
APPR,CV£D
Vice Mayor }
ATTEST:
City Clerk