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HomeMy WebLinkAbout05271963210 City Hall. Palo Alto, California May 27, 1963 The Council of the City of Palo Alto met in regular session on this date at 7:40 p.m., Mayor Cresap presiding. Present: Arnold, Bit �! , Byxbee, Cresap, Debs, Dias, Marshall::Rmisers. Rohr*, Rus, Stephens, Woodward, Zweng. (Councilman Rodgers arrived. at the meeting at 745. prior to the transaction of any business, and was counted as present.) None Councilman Arnold requested that the minutes of May 13, 1963 with reference to ...the El Camino Real -Cabana Left Turn be amended. to indicate that the motion ° in regard: to the project should include "that .the; City Manager confer with Santa Clara County Officials on the total El Camino Real project and present a review of the entire natter to the Committee of the Who/e". , :;Councilman Debs asked that the fifth line of the minutes be corrected to show "Mr. Arnold and Mr. Delis. noted" instead of "(I)t was also noted". On motion made, seconded and carried, the corrected' minutes were ;then approved as distributed. A motion was made by Zweng for suspension of the rules to permit "the Council to recess briefly and :meet in executive session for consideration of a personnel ,matter. He explained that since this sheeting was the first meeting after the municipal election, he believed it was fitting for the Council to consider filling the seat vacated by reason of the resignation of Councilman Haight. The motion was seconded by Cresap. Followir:g' a discussion of the motion, it was defeated by the following roll call vote: Ayes: Arnold, Cresap, Rohrs, Rus, Stephens, Zweng. Noes: Bishop, Byxbee, Debs, Dias, Marshall, Porter, Rodgers. Woodward, On motion made by. Rus. seconded by Woodward, and unanimously carried, the first item on the agenda (the hearing on the appeal of Joseph H. and E. V. Greer from an order of the Building Inspector on property at 1517 Louisa Court) was deferred until after the hearings on the Downtown ixnprovexr:ent projects and the canvass of returns of the General Municipal Election held on May 14, 1963. Project No _ 6,3..2 and Anaexatxoaas._t9 Peoaact_s _No. 52-13. ande52-14 w Assistant City Manager Morgan advised the Council that a letter had been filed with the City Clerk at 7:11 p.m., just prior to the meeting, from Downtown Palo Alto, Inc., requesting postponement of the assessment 'dis' trict hearing for a period of 30 to 90 days, in; order to ;permit the City staff to furnish :lore complete and clear information to property owners :n the district, to achieve. better communication of the benefits and advantages of the improvement project, and to provide time to dispel the rumors and misinformation now prevalent. The. Association recommended that the Council allocate proper funds to fully review the project, to distribute more complete informationand to investigate individual property rights involved, with a possible elimination•of-many-of the properties proposed now to be added to the assessment district. A motion was made by Stephens, seconded by Zweng, to defer the publichearing on these projects to August 12, 1963, in order to allow time for further study on the problems involved. Mr. Harvey- Nixon, 430 Kipling Street, and Paul Kegley. '654 Gilman -Street, 'addressed the Council in protest against a postponement of the'hetaring. The matter of deferring the hearing until the Council meeting of August 12, 1963 was discussed at length.. Mr. Norman Cummings, 879 Rorke Way, stated he felt many citizens would be glad to defer the matter if it was contemplated that in any restudy of the project some changes would be made, and. Mr. Stephen Carlson,''344 Kipling Street, believed no additional City money, should be expended in further investigation. Ronald K. Millar, attorney at law, 261 Hamilton Avenue, advised he was prepared to present protests signed by a majority of the property owners and that he was ready to proceed with the hearing on their be half , Kenneth I. Jones, counsel for the City on the improvement projects, advised it would be necessary to compute the percentages of property owners who were in favor of or who opposed the assessment districts. He advised also that if changes were made in the original projects, it would be necessary to adopt another resolution of intention and set a time and place for hearing on the changes. He said also that in the absence of a written withdrawal, the protests as filed woutd.be valid and would not be affected by the continuance. After further discussion the motion to defer the public hearing on, the projects to August 12, 1963 was carried by the following roll call vote: Ayes: Arnold, Bishop, Cresap, Dias, Porter, Rodgers,. Rohrs, Rus, Stephens, Woodward, Zweng:. Byxbee, Debs, Marshall. The Mayor apologized on behalf of the Council for the in- convenience caused to the people present for the public hearing, in further discussion a motion was made by D<:bs that the first Committee of the Whole meeting in July should be designated as a study session. for interested property owners to meet with the Council arid; discuss the matter. An amendment to the motion was made by Zweng to set the time of the meeting as soon as practicable.. The axnended motion was then duly seconded and carried. 212 (The :Mayor at this time appointed CounciLmen Byxbee, Rodgers, Bishop, and City Controller Mitchell as a canvassing board to canvass the returns of the General Municipal Election held on May 14, 1963.) (The Council recessed at 8:40 p.m., convening again at 9;05 p. m. ) Demolitio (.Zszs_e.ph_ 'rhe Mayor announced that this is the time set for hearing of the appeal of. Joseph H. and E. V . Greer eter in of the Building 'Official that the property at 1T5.1 ;Louisrom the a Court as�an nuisance, as defined in the Palo Alto Municipal. Cody, and ordering its demolition. He advised that the hearing would be informally conducted', that technical rules of evidence would not apply, that irrelevant and unduly repetitious evidence would be excluded, and that at the conchision of the hearing findings cif fact, based upon the evidence, to supportl.its decision;ake en that the decision` mightaffirm, reverse, modify or set aside any order or action Of the Building Official; that a /majority be firial. i-Ie �'k�t:n. asked �' � of the Council would' a City Attorney 'Michalski to describe the kind of e'viden.ce- ecessary to support an order for demolitionof buildings; This City Attorney read pertinent sections of the Nifunicipal." Code relating to grounds for declaring a building to be dangerous' and a publie c uisasn e Kenneth A. Jc4n•.or.,, attorney fl ese.�tedth:e a �!'" for Mr. .1rF�tr, then appeal r of the'prope'rty. owners. He called upon •Br.ain,e -d .PIc h-,' a regi stet eci civil engir:ee r, of 394 South San Antonio Road, .Los Altos, fora. report on his inspection of the pe�zxli5e M'rs'. ''ltiz�n, reported, among other bel:tiveca t'1<e «o er thiegs, that he twl, Cost of repairing the building f. to code standards would be a 0. putting h up replacement ,+ o£ t`r;c: building $g, QOQ_ QQ; that the 1' t' co g would exceed „30, e since the damage is r or=`5iderabl less than 00 and that cost., the. building'should not Y � .. 50 %n of the replacement s .zl<d .,ot be condemned, Further evidence was presented t -,y Mr:. ?1<:hr, and Mr. Johnson and were asked by the -questions City Attorney. - Mr . James Mi'.l^r t house in.4uest+o�'1„'also presented his - , t>.nar.,, of the s opi ion of the repairs necessary to make the buicdi.n.g, c,or orm to codes standards. Build g Official ial Botterna then read a w_ statement the Council, setting f�o th the re:a,so.s he lie "it;tr to to b unsafe. He stated.it Was - believed the building to be �s the opinion, of his dep.srtmer.t in analyzing the. building thet repairs, would cost in, t.her which would f neighborhood of $l5,OOQ, exceed 50% of the ila.ati<:,_- of the horse. The Building Inspector's st te:m'-"t was rnede a. port of the record. photographs of the building were int:rod,,:c;e, the Eight City- Aaarr.^Y, identified d into record by the t:d by the Bu."ding Offici:•.i and examined the Council-. Fives slides were also . n.ed by projected on the screen. Following rebuttal and further. questions ,_c r4 answers, the matter was discussed by the Council, at length. A motion was made by Stephens, seconded by Porter, that the ciec i>;'io': of the Building Rodgers moved. to amend the motion that the be upheld. $ the. Gocinc�il. Inspect or , abeyance until a report is received by held in abet' property owners as to replacement cast matter be airs necessary from ' building the staff and the at the cost of rep was carried less depreciation a•_ ended of the it up n The Motion as assn bring it �� to code sta.�daxds. by a un ,,i rious vote. C_ xvas? of i c:tiv :s in board having completed the canvass of T.'ne c ahv.a.s s g � on 1�i�: Election held 14, 1963, returns from the mineral Municipal were in order and that the the ,�agayoT announced that all. totals results were as follows: That f the total nu.-nbcr of votes cast total registration).registration).?•st in the election, including' was 13,936 (58.3010 172 absentee 'ballots r , Councilmat. the total° vote cast for five members of the City for �.-air:-year team cozx�amez«�cio.g July I. 1963 was as fellows: ea.hxs 6267 Joiu': V. � .5321 Roger BrennanLaude. N. Burnette 533 Kirke W. Comstock 5,1 1 Robert S. W . Cooley 15311 Leonard Cornell 4686 Wilbert Cox 5436 Philip S. Flint 51110942 David. Krie gle'r' John A. Miley Jean M. Slocum. 47166 Rolf Stole sen 2 72876 Bert Woodward, ,,x. Council e member of the City coxx;znerci^g July 1, 1963 was as That the totalvotecast for o-�r for an unexpired two-year to=m. follow s : Dean R. Cxesap 6591 Edward A. Worthington Proposition. A (Ordinances 1•4o. 2116 That the- total vote o-'v'°p No. 2132) was as follows: and 2118) and Proposition 8 (Ordinance Pxopasitior. A Fox' the. Ordinances 8156 156 Against the Ordinances 5483 tTq ogitiOn' 6 For the Ordinance 7661 1 Against the Ordinance 2 4 That the,:re were scattered votes as follows for the office of Councilman: Donn V. Graves 1 Martin Luther King 1 James Baldwin 1 Robert J. Debs 1 That the votes cant in each precinct for the office of Councilman for the six -year term were as follows: Municipal Precinct John V. Roger Laude N. Kirke W. Number Beahrs Brennan Burnette Comstock 1 177 150 117 118 2 125 103 92 98 3 197 173 137 120 4 139 128 166 167 5 232 195 249 251 6 146 125 165 145 7 130 116 161 156 8 114 116 101 121 9 190 148 232 162 10 175 146 203 188 11 226 175 188 183 12 185 175 132_ 125 13 219 159 215 218 14 195 160 I34 123 15 247 203 166 174 16 127 107 133 120 17 188 174 113 101 18 198 ` 163 121 1 1 3 19 158 125 121 101 20 269 212 132 106 ?1 279 220 116 126 22 205 174 148 157 23 249 191 86 96 24 252 202 118 ' 160 25 21.4 179, 130 170 26 150. 136 207 238 27: 255 177 188 168 28 15'8. 143 191 211 29 94 114 145 152 30 135 152 191 212 31 159 148 210 231 32 159 152 209 2111 33 89 77 128 151 34 158 142 126 143 Absentee " 74 61 66 68 .5321 5339 5391 215 Municipal Precinct. Number Cooley ,.. Cornell Cox Flint Robert S. W. Leonard Wilbert Philip S. David 1.57 110 130 142 119 10E 64 86 S9 75 3 ,"1:76 169. 148 134 121 4 143 139 104 169 155 214, 325 197 254 266 6 '142 196 107 156 13',3 7 163 178 105 185 177 8 ' 122 91: 86 121 102 9• 189 150 118 159 168' 10 165 99 132 178 174 11 205 186 153 185 214 .1:'2 1'71 107 150 135 115 13 205 .163' 157 227 195 14 .184' 124 132 135 127 15 250 157 180 172 144 16 144 79 92 121 112; 17 ..181. 103 148 112 113 18 '186. 94 152 139 10,1 ' 19 149 94 99 110 91 ' 20 231 148 202 127 109 21 258 135 210 1.20 115 22 215 156 156 160 154 23. 214 156 198 81 93 24 252' 221 158 147 141 25 212, 188, 160 167 153 26 186, 141 112 201 182 , 27 249 181 197 191 170- 28 168 180 133 195 181 29 110 159 75 149 155 30 152 218 104 203 217 31 169 228 123 217 244 32 160 160 129 195 199 33 113 157 63 149 111 34 144 187 128 149 127 Absentee 70 68 62 62 51 Total 6154 5311 4686 5436 5104 Municipal Precinct John A. Jean M. Rolf Bert Number Miley Slocum Stolesen Woodward, Jr, 1. 25 110 68 185 2 38 77 37 115 3 44 117 73 219 4 54 139 80 171 5 42. 194 151 291 6 34 118 88 190 7 34 138 90 157 8 34 93 61 140 9 55 154 111 217 10 28 163 73 196 11 41 185 140 245 12 34 115 59 199 13. 29 222 68 253 14 23 91 68 203 15 33 148 72 276 16 16 117 43 152 17. 26 86 48 201 18 33 99 68 214 19 32 114 52 183 20 22 127 84 289 21 35 125 101 295 22 36 152 91 226 23 19 73 97 268 24 46 112 101 279 25 33 132 87 246 26 38 180 98 205 27 33 151 84 268 28 51 172 98 210 29 30 148 73 158 30 52 173 104 213 31 39 199 100 218 32 29 196 95 209 33 28 124 55 113 34 37 107 57 201 Absentee 7 65 31 82 Total 1192 4716 2806 7287 That the votes cast in each precinct for the office of Councilman for the two-year term were as follows: Municipal Precinct Dean R. Edward A. Number Cresap Worthington 1 185 123 2 120 84 3 213 148 4 148 195 5 273 297 6 173 179 7 179 181 8 1�9 121 9 185 185 10 155 198 11 222 234 12 178 138 13 208 249 14 1.81 151 15 246 ��9 16 128 134 17 173 161 18 168 131 19 ...138 141. 20 249 149 21 261 148 22 221 167 23 2_4 25 26 27 28 29 30 31 32 33 34 Absentee 'dotal 253 118 2 6 5 1 6 4 238 171 158 246 2 36 1 5 0 185 227 134 179 • 1 7 6 749 205 448 197 225 104 156 • 194 156 93 73 6591 6085 That the votes cast in each precinct on the, two propos.tions A and B were as follows: Municipal Proposition A Proposition B Precinct Number Fo,r Against For 1 --- ..-P,... M_ Against 198 132 217 115 155 82 157 3 2.09 197 152 81 4 185" 179 170 173011 5 344 259 2 .' 6 27, 329 226 147 170 203 7 218 " 177 203 8 176 194 10 • 182 92;;. 9 243 169 248 169 10 1.94 196 226 11. 272. 2.44 273 161, 23G 12 212 139 `' 13 11 146., 242 221 260 11. 2Z3 134 198 163 16:3 20'. 15 290 167 267 16 191: 189 103 134 114 17 216. 1Z1 22.4 120 18 238' 11.3 232 1.9 201` 105 1Z4 20 295 146 196 114 282. 160 21 284 143 268 22 262 150:. 224 1483 1667 23 266 117 215 24 287 . 162 103 25 265 2.54 201 175 _234 206 26 263 167 27 261: 213 208 223 283 196 28 262 197 244 215 - 29 156 139 172 156 30 273: 183 31 238 2117 296 198 251 243 32 267• 177 242 33 1.39 153 202 34 227. 140 1 15I1 148' 189 187 Absentee 90 78 95 --- — 76 Total 8156 5488 7661 6057 _8 Ordinance No. 2141 entitled " Crdinancc of the: Council of the City of Palo Alto ` Declaring the Results of the Lalo oGeneralmunicipalw icias althereupon' Election Heldcan ;M•�y 34, 19b3 in z� unanimouslyously carried', and on motion made, seconded a was adopted by a unanimous voice vote. The ordinance declares that John S. V. Be and Bert Woodward, Robert S. W. Cooley, Philip 5 ,hest number Sr., being the five. esndidates who received the hig were of votes for the, office of councilman for a fallsix-year ear .ternumb w .. duly and regularly elected for a terra of six years received July in 1963;. that Dean R. Cresap being, the candidate the :,highest number of votes for the office r 1 unoillec.n d for th' un expired` terin of two, years was duly and term of two -years commencing July 1, 1963; That .a :majority of the qua.tified elector.s voting in said general favor of a. municipal electiQxi having cast their ballot:7, Shall IC�rdinances No.rendu2I 1.6 and entitled: "Proposition A 2118 adopted by the Palo' Alto City Councion ovember Carlos 26, 1962 rezoning certain 727 Salands. known as 721 and DistriCct) to 716 Colorado Avenue from R-2 (Limited Apartment C -2:S -D (Central Business -Site nd DesCaign Court -rood l? aParking District) and, lands known as 711 Sa(Central F3usiress-Spt'il�o trol�Spc'ci 1 Pa,xkiDistrict) to ?District) nandl Business -Site and Design changing all of sand property from Fire Zone 3 to Fire Zone 2 be approved?", said proposition is declared to ha eanbeen p pased sed and s valid said ordinances are hereby declared approved and binding ordinances of the City of Palo Alto; That a majority of the qualified electors voting in said general municipal election having cast their ballot` ncf1 ,into Nor of a ferendum adopted proposition entitled "Proposition B - Shall O in by the Palo Alto City Council " eir Foothills n February Annexation l63 No .� 3+oning x nm R� E ��. lands known as a portion o.. X (Residential 'Estate-Agu ua�lirlutility+ct) eleco � tra-F nsmission line District) as sites .for two p towers be approved?'',said proposition is hereby 'declared to have been passed and said ordinance is hereby declared.f the d and of approved p or ved and adopted as a valid and binding ordinance Zone Chan e_(iYott hart Constru;ction _Cozppanv) A report was received from the Planning Commission that it has 'considered, on•its own initiative, the application of Your.itan Construction, Company for a change of district P e of th propel rertyco nko mend- as 527, 535 and. 55.5 Everett. Avenue from 1'd to sub cct o the ing approval of the zone change by a vote of 4 to I, j' following conditions: Permitted Use:.. Ninety (90) "studio" apartment units as indicated on the plan. Nature of..Developrnent: Building location, dimensions, height, off-street parking and oCaer improvements: shall be substantially as indicated on the approved Development Plan CommenCement of construction (a). (b) 2I shall be deemed an agreement on the part of the applicant, the owner, their heirs, successors and assigns, to comply with all the terms and conditions of approval of this P -C Zone_ Development Plan. (c) Development Schedule: Construction shall start on or before March 31, 1964. Construction and landscaping shall be completed by March 31; 1965. Planning Officer Fourcroy explained the proposed zoning, change to the Council. A letter was acknowledged from Downtown Palo Alto, Inc. endorsing the change in zoning and the 90 -unit apartment house proposed by Mr. Tan, the developer. Mr. Frank G. Hartley:, an owner of property at 552 Everett Avenue, addressed the Council in support of a letter of protest he had furnished to each of the Counv,ilmen on the zone change application. In addition to the objections container in his letter, Mr. Hartley raised a question relative to the generation of traffic on the street caused by a 90 -unit development. Colin Peters, 531 Cowper Street, attorney for the developer, presented a picture of the proposed apartment building and submitted .t petition from approximately 90% of the people in the zone of interest favoring the building of the unit. He mentioned the studioapartments are designed for single citizens and workers .-in the downtown area and would provide housing at a rental in a low price range of about' $110. A motion was made' :by Woodward and duly seconded to uphold the Planning Commission recommendation and approve the zone change, subject to the conditions as outlined. Russell Rhoades, 834 Los Robles Avenue, Mrs. Herbert Rogers, 565 Everett Avenue, and Mrs. Marion Stuart, 575 Everett Avenue, also spoke to the Council and presented protests against the change in zoning. • After disc .ussion<of the matter, an ordinance entitled "Ordinance: of the Council of the City of Palo Alto Amending Section 3.02.' of Oxdina.nce No. 1324, the. Zoning Ordinance, Changing the Zoning of Certain Property Known as 527, 535 and 555 Everett Avenue from R-5. to P -C" was introduced and was accepted for first reading by the following roll call vote: Ayes: Arnold, Cresap, Dias, Marshall, Porter, Rodgers, Rohrs, Rus, Stephens, Woodward, Zweng. Noes: Bishop, Byxbee, Debs. Relocation of Residence A request had been received from Henry R. Sander, Jr. for a hearing on behalf of Robert D. Shurtleff, et al, to appeal the City Manager's denial of .a relocation of residence from 2400 South Court to 3512 Ross Road. Mr Sander presented his reasons for asking the Council, to consider changing tie:City Manager's decision in denying the request for relocating :the ,house, The' City •Manageradvised that an inspection team had - examined the house and th,e site at 3512 Rots Road, and he had made a decision that granting the application would not be in the best interest of the.City. The Council was advised by the City Attorney that the existing ordinance does not permit any appeal from the decisions. of the City Manager in matters of this kind, that the ordinance: could be amended, but that any amendment would not be retroactive. After discussion a motion was made by Dias, seconded by;. Rus; that the Council take no action in the matter. Further - discussion followed and the motionwas lost by the following roll call vote Ayes: Arnold, Cresap, Dias, Marshall, .Rus, Woodward. Noes: Bishop, Byxbee, Debs, Porter, Rodgers, Rohrs, Stephens, Zweng. A motion was made by Debs that consideration of Mr. Sander's request be continued to the following evening (Mau 28th)'and that the City Attorney should furnish at that time suggestions on amending the present ordinance. Councilman Z•.eng moved to amend the motion that the City Attorney be instructed to, prepare an amendment to the ordinance`'which would. permit the Council to hear an appeal in a question such as this. The motion to amend was seconded and carried. The amended motion was then carried by the following roll call vote: Ayes: Noes: Bishop, Byxbee, Debs, Porter, Rodgers, Rohrs, Stephens, Zweng. Arnold, Cresap, Dias, Marshall, Rus, Woodward. Adlourned Meetin The rneeting was adjourned at this tirne (11:55 p.m.) to Tuesday, . May 28, 1963 at 7:30 p.m., at which time the remainder of the items on the agenda will he considered. 2•4i City Hall, Palo Alto, Californ May 28, 1963 The' Council of the City of Palo Alto met in a regular adjourned session on this date at 7:30 p.m., Mayor Cresap presiding. Present: Absent: Arnold, Byxbee, Cresap, Dias, Rodgers, Rohrs, Rus, Woodward, '/..went. Bishop, Debs, Marshall, Porter, Stephens. $gale -Wooster Canal Property Assistant City Manager Morgan explained that approximately twoyears previously, with the approval of the Council, the staff had initiated proceedings to allow land which was not needed for utilities easements to be released to the abutting property owners. He advised that inquiries had been received from property owners between Louis Road and Greer Road in the Scale -Wooster Canal vi cinity as to whether Or not the 60 -foot strip along the canal could be declared surplus to the City's needs and quit claimed to them. He added .that with reference to the property of the Palo Alto Unified School District, a:proposal was made that the City release': the interest,not needed:in the 60 -foot strip along the canal to the school district. It was recommended that this be done for the surn of $3, 000 plus costof title insurance with the reservation that the City would`retain the utilities easements needed. On motion made by Byxbee, seconded by Rus and unanimously carried, Resolutions No. 3630 and 3631 entitled "Resolutions of the. Council of the City of Palo Alto Declaring Certain Seale -Wooster Canal Property to be Surplus and Authorizing the .Mayor to Execute Deeds Thereto" were adopted. Fireworks Ordinance Ordinance No. 2142 entitled "Ordinance of the Council of the City of Palo .4tto. Adding Division 22.5 Regulating the Possession, Sale and Use of Fireworks and Amending Section 8.02(e) and Repealing Section 17.2204 of the Palo Alto Municipal Code was. introduced, and on notion by Byxbee, seconded by Rus, was unanimously adopted. Zone Change, E. J. Nackoxd 3501-352 Atrria,aSS:. eet' Ordinance No. 2143 entitled "Ordinance of the Council of .the City of Palo:' Alto Amending Section 3.02 of Ordinance No. 1324, the Zoning Ordinance, Changing'the Zoning of Certain. Property Known as 3501-3525 Alma. Street from P -C to R -3:P and O -A" was introduced, and .on motion by Byxbee, seconded by Rus, was adopted by ;a unanixnous voice vote. 2,,I_ S.102a__Qz_dinAz_2,Le, The Mayor announced that an ordinance which had been prepared by the City Attorney (a copy of which had been sent to each Councilman), amending the sign ordinance to permit normal> maintenance, repair, painting or repainting of non -conforming signs,. appeared to answer problems which had arisen. He requested that the matter be brought out of the Committee of the Whole, to which it:had 'been referred. Amotion was made by Woodward, seconded and unanimously carried, to take consideration of the sign ordinance from the <Committee of the Whole for Council action. An ordinance entitled "Ordinance of the Council of the City of Palo Alto Amending Subsection (f) of Section 34.419 of the Palo Alto Municipal Code to Permit Painted Alterations of Nonconforming Signs" was introduced, and on .motion by Byxbee, seconded by Woodward , was accepted for first reading by a majority vote,, Dias voting no. .1 3tamet The City Manager submitted the proposed budget for the fiscal year 1963-64 and suggested it be reviewed by the Committee of the Whole. The Mayor commended the staff for having the budget prepared a month earlier than usual and stated that two motions were in order; one, to refer the budget to the Committee of the Whole for study, and the other to submit it to the Planning Commission for review of the capital improvement items It was moved by Byxbee, seconded by Woodward, that the proposed budget be submitted to the Planning Commission and to the Committee of the Whole for study. An objectionto subrnitting the entire budget to the Planning Commission was made by Debs, who stated that this was not in the spirit of. Ordinance No. 2090 and that only the portion on capital improvements should be submitted. The following statement was requested by him to be included in the minutes - "I would like to have legal advice from the State Attorney General's office that the budget' be reviewed >by the Planning Commission." After discussion,' the motion to refer the proposed budget to the Committee of the Whole and the Planning Commission was carried by a majority vote, Debs voting against the motion. P.r.o,j. t_NcL._62-$, F o ot hi lit _titilitie9 The Mayor acknowledged a communication which had been received from Mr. C. Grant Spaeth, who represented Dr. Russel V. Lee, an owner of property within the proposed assessment district, requesting a continuance on this item. The Assistant City M ��a21.3g e� previously furnished ist to each d reviewed the uncil Member. summary report' It was stated for the record that the City Engineer's that the petition for acquisitions of the a and ins by Certificate sets of more than 60% provements is, property subject .in area of the private/sr-owned seed all pled r J ct to assessment for the th the City' Clark. Proposed project had been dilly Mr. EmmettR. }3urxzs property owners meetwithin the , Page Mill Road, one of the on behalf of the p proposed spoke to the onbehalf .the. petitioners in opposition to Council getting project further de/ay in (Councilman Bishop arrived at the meeting 7:55 p.m.) A Iexigthy discussion fallowe obligation to, supply utilitieswhen d relative to the City's be assessed for them. Property owners were willing to Mr, .Philip Flint, 2256 Santa Council, speaking in opposition to the proposed osed Ana Street also addressed the p, area,. Mildred S. Ligda, another spoke to the. Council property owner in the these owners faced because of the a pointing ut out g problems which lack of utilities. Council, in Dr. Mr, C. Grant Spaeth, 4150 Hur�I,a=t�t Drive Lee's behalf, arguments i; presented to the consideration the matter � favor of whether a was of the to ado until a later date. He continuing. p any resolutions in connection questioned the project prior to receiving the report from the nneetion with Comrni ssion. Planning Following further discussion a Woodward, seconded by , motio:a was project the ,co Rus, to refer the t, the bo with the for ohs proposed provisions o£$ Commission for study in accordance with er Ordinance No. 2090, and, to adopt the necessary for proceedin of the project, setting a date for g with the preliminary Julyinar The option to referf .the public hearin Y steps matter • to the Planning 8, 196 carried by a u rnous vote. anning Commission was An amendment to the original motion was m withhold Council action a fromwith Cou o n'` the resolutions ads bye report to e Planning until after the report. motion' g Commission z& received, Tire died for lack of a second. amendment to the There was additional discussiont concernirx resolutions, the' Engineer's g adoption of the specifications port, consisting o£ plas:s and, Engineer's estimate of diagram end proposed assessment cost, assessment. Add pops - . - , and maps and descriptions of lands and was officially filed with the City Cloak, and the faliowi resolutions were introduced; ng RJ Resolution No. 3632 entitled "Resolution Determining to Undertake Proceedings Pursuant to the Palo Alto Improvement Procedure Code for the Acquisition and Construction of. Improvements Without Proceedings Under Division 4 of the Streets ,and Highways Code." Resolution No. 3633 entitled "Resolution of Intention to Acquire and Construct Improvements." Resolution No. 3634 entitled "Resolution of Preliminary Approval of Engineer's Report." Resolution No. 3635 entitled "Resolution Appointing Time. and Place of Hearing Protests in Relation to Proposed Acquisitions and Improvements, and Directing Notice.," This resolution set the date for the public hearing for July 8, 1963. The resolutions were then adopted by the following roll call vote: Ayes: Arnold, Bishop, Byxbee, Cresap, Dias, Rodgers, Rohrs, Rus, Woodward, Zweng. Noes: Oebs C`xo7,�C4��tie ,'C Ctt}CeS,,�iQ�a�r�e�Contract The City Manager explained terms of a proposed renewal of contract between the City and J. J. Saitta for the. Golf Course Concessionaire at the Municipal Golf Course. A motion, made by Rus, authorizing and directing the Mayor to execute a renewal of the contract with Mr.. Saitta in accordance to the terms. outlined, was seconded and unanimously carried. Waror r ire `Y.azetrel A resolution accepting a water line easement from Southern Pacific Railroad Company in the vicinity of Miranda Road was, on motion made ard'second.ed, adopted by a unanimous vote. Sx;c.�63loetied f~ras 'T 3x T und s �ascax Yeaz I96.-64 The City Manager presented the budget for expenditure of State allocated gas tax funds for the fiscal year 1963-64, which includes $62,376.00 for maintenance of rnajor and secondary city streets. Resolution No, 3636 entitled "Resolution of the City Council of the City of Palo Alto Adopting Budget for Expenditure of Funds Allocated From the State .fiig:hway Fund to Cities" was introduced,' , and on motion duly made and seconded, was adopted by a unanimous vote. 426 $vstern Ce T1; ����� �'. City $107,422.23 t �7r 4 ry�rs Manager the C .i.� far Truck advise June e nth o October, rukfurnishing CoachDivision hat a bid d 1i ' i 2b�,, °ber, xxine pass i e total had been r exY crz" that t' s 31 -passenger rotar adn that rho rho' :units s $6: subject to _ cept h old by. "qule d is fr xncZ scce uses t µ cd did; not . ° ttae odes an amount , a the er letter from t the.: it from tires to Palo ..t to. on or vise City durxz b' the copy. e es for Palo s, 8�,�• re in e a available to certified ox, copy the resolution 'buses; a `l z' 74 ea �- bid_ meet �6 that sorutia es: that '�% advised r the to r,mch e the, r fux=ds n au pgr ed specifications 'e� tt; - terms of • have beencxzzin anu£acr did not elation clause ot- fir° tE ed are a. , . include in the apply. se af•3i days srate nci ,=lr xrnsi't di c that tt P {.te I,X,�E � liSgiQmade, seconded .�,• C,pnt�x�e t- t rn ' 7 on the' gez re e n of e b�7,5 sue, and carried d ir, Lin ida7ti to sr, extended letter s` this ti, 2'I, i96 pole z Worth p i g+ e4 =»ilea e:� r n sera rZat�, Als to the.. p arriAlxfzcatio`ener �1 1� n new busn of City, n of tix•, bus manager a w c rni e� �`Y, noted u, per; 1, 9 t a ai plan lie e"d_ that t company's .s. "nst1 s iote., oft e y, 2z} , antic, he l s I'r Routesa�'ti o#' 2es 345.6 i, � of ,Ra `zz�a•t A ey�'rat retter o,£ a�zsit ew i'34V and"6, utes i �s operation, per . • bus May u�ztir t o and i ' a miles , which t r , 34 and asidi as , c:o or s he Czcy.ts'pr"h '1 mites per week; t City is s b; that • OJ alts. •�rxe , a,; the requesting al is a mileage. ix� order 5.5 to miles the week, other routes. Pl a a e an be put into ffect, �, sue a tansit s present ade by 7kt r discussion a eornexiT �` the miles per at the e.7 . to Sz0n o{ same subsidy ' de;eat db After y the following phone f the extended agreement, -re y ubsxds allow. n2otx w Cry the s `Yes. �� tart callvote: seconded bandCd a xmotion was L'isha by ebs, T� sent Nees, p, CresaA but was ' � e Abstaining': nald, - Yvber s, �itixs, w� the soh , rrl©tia u• , Rodgers, Rohrs, z"a addition be as made b ' s' Woodward. C. pxr an to ded y Woodward, sett air`"c�rx nt Preg izz rozi the uting, ageer snd dvr nt that h4 believed s at the: sa,�,ze�formula 'or cover ��� seconded, that. •n-ipd� . vc d .*� ,yoke i m u to 3 ar: its y was e City in prates a, in the d advised ter operation she or did not know t ow .test Mate ed Chat the s atx°n or it losing, tha there haw zr uctho subsidy, cab ` ' x4ti3On. City accepts operation. �pexa za e was hn� money the bus txn �'tnmiss,io percentages charter ate pCite ratio bet'�,eerx he (Coty,.e " tweexs approved by Controller refs the operation and meeting at this time.) •) After further discussion, the vote on Woodv✓ard' 9 motitYn was carried by then following roll call vote.: old, B7+xbee, Cresa o Rodgers, Rohr°, n Ayes: ,Woodward. Noes= Debra Dias, Zweng. Abstaining: Reis. d met again (.The Council recessed at 9:3.0 a.m. an at 9:`5.) of buses from GeneralMotars reference to the purchase Motors ion in' and the 30 -day c�,cetlatian clause was held. that the matter made by Rodgers staff be the A motion was of June 3rd and that the natal meeting cancellation clause with. General meantime t until the m 3O -day cane by Dabs and was carried. Motos. review m`1 the Motors. The motion :was second" `aot 11,1 tta,,,r,� eating of the H �„r^" n requested that. a joint meeting Study �, Dias xey and Recreation S A'; Councilman the 1958 park parka 'd Committee of the 'Whole, . Committee may preset C° ' the. Citixeax�.s` AdvasorY ttee e on Committee, end in order that the c ro Foothills p Park arranged, on the p��s far Recreation rug n be observations actor. suggestions aaitl absor� 'H theft sug ed by Kenneth Anderson and Fred was as submitted and carried, the staff a.de, seconded �. emotion � eating directed to arrange such a m gA.�oat9,n:�.. xt,Ze~iS$1 y180 pencil authorize ' requested that the Council uth „ze t mayor Cresap xcq.. Committee on Public between ,. �dvisory worn communications committee means of enhancing the appoint .a Citizens �e stated he believed erred the p pose t studying Council. and Bugg ut the G , of the ,Council e -presided e and ember the corm over by a iv -ember be preside fa° this .position. Councilman Dias it was "oun Mayor's suggestion, i. o f the May oust �.nllo�wing discussion 'Woodward, and un3n=� 5 seconded`byhorized to appoint such a committee. :moved , a he'. authorized carried, that the. Mayan � s�Cona='sv-rte e C tree_ .-esti - dvax be G�tfZe� -_. Councilman s made a motion t;�at the " , 'Deb +Charter Revision to c . Citizens eat Board recommend to the appointive Zoning Appeal authorized om to their of any in their'stertl'y. that. the t ��rn7CYs:ttee consider Committee, the Cteecl slider be errzute and v axianc ch board or lack of .a c a u4e .p or not. such a died for c atefully� whether on appeals. The 'emotion the. final authority second., 226 Pa A_IXo Po artment -3ta u> A letter from National Police Hall of Fame enclosing a Walker Safety Citation for the Palo Alto Police Department was acknowledged and filed. Coast to Coast 4th of Jul •Celebration A requestwas received from B. 3. "Jerry" ,Turd that the `. Council support a national mos etnent to ring bells on July 4, 1963 at. 11:00 o'clock, a.m. (Pacific Daylight Time) as a part of national recognition: of Independence Day. On motion made,' seconded and unanimously carried, the Council went on recordto support this movement. Hot_se,Moving The City Manager presented an ordinance which had been prepared by the staff pursuant to the Council's instructions: the previous evening, axnendirg the house moving ordinance relative to appeals from the. City Manager's decisions on house rovings. He stated he was of the opinion, if the ordinance was adopted, that house moving hearings should be held by the Council. Councilman Rus stated he believed that such an amendment to the ordinance , should take a great deal; cf further consideration and moved that the matter be tabled. The motion was seconded by Woodward and carried unanimously. Mr. Henry Sander made a request that, since an appeal could not be heard by the Council, the City Manager possibly reconsider his decision on relocating a house at 2400 South Court, to 3512 Ross Road. (Councilman .Zweng left the meeting at 10:20.) After discussion, the Mayor directed Mr. Sander to see the City Manager in his office, if he so desired, with reference to any reconsideration of this matter. (Councilman Woodward left the meeting at 10:30) fro z ttle_e G_3-64: toad eft On motion made, seconded and unanimously carried, the meeting of the Committee of the Whole scheduled for May 29th to review the 1963-64 budgetwas cancelled, and the meeting of the Committee of the Whole on June 4th designated as the first budget meeting. There being no further business, the meeting adjourned at 10:37 p.m. APPROVED: ATTEST; ,,4`/,a <.� e' r ..� . City Clerk • •�x r^,� i�. Mayor •