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HomeMy WebLinkAbout01111960City Hall. Palo Alto, California January 11, 1960. The=Council of'the City of Palo Alto met in regular. session on.' this •:date at 7.30 P.M,. with Mayor Porter presiding Roll call as follows • Present: Ball, Byxbee, Davis, Evans, Marshall, Mitchell, Navin, Porter, Rodgers, Stephens, Zweztg. Absent Bishop, Giffin, Haight, Woodward. The uunutes of the meeting of December 28, 1959, approved a.s:distributed. Project `5$`-3:;:.`Birch`Stareet . ::: This ;was the tine and place faxed'for> the first hearing on the widening and improving : of BirchStreet toy a uniform width: of 70 feet from California Avenue to Page Mill. Road: The Mayor announced•;that,the'pur:pose of the' hearing is for the Council to '.detearinxne Whether the:public,conveni.ence, and necessity in general require the proposed acquisitions:and improvement; :that matters: relating to the Tinadesign and exact location of the improvernents,- ,,their.',:precise method of .spreading the assessment, the cise cost„ the : properties assessed, and the arxzounts of the assessments,`: are not before : the -Council at this -time,: and will be taken up at a later', hearing, as?.to which maiied,notice will be given.. Anyone interested was irivited:to address the Council on the question of whether the public: convenience and necessity require the proposed acquisitions. and a xnprovesnents. 'The project`was explained by the City Engineer. A.. report vas .received froxis: Corr inittee' No. 1 recommending .adop- tiota of:the 7Q foot street- plan providing` :for four 11'1 foot moving. lanes,;' an 8 -foot center island, and 9 -foot strips .on each side: for' sidewalks, ;with no on=street parking, and: : leaving it up to the staff io work-out further details as;.,to:the placement of .sidewalks and side planting if any The Assistant City Manager explained the proposed -financing_ program. as reconirtienredby Committee No. 1.. and the staff which :is 'as`tollo Hers The amount equivalent to the cost ;of a 60 -foot: street, estimated to.'be=$69, 000 , to be assessed on, abutting property s,_ owner on a'front...footage basis and on properties within one-half block on either side of Birch; Street (those with frontage on Birch to pay 75%,of-the,:,,eosf and the others to pay 25% of the cost); ,$8, 00.0'ot the balance to be.Assessed over a storm drainage district: extending from :Birch to; El °Canxis o,: and the rexnaining $32,500 to be - _shared between.t ae'.City-and; the California Avenue Parking District, 37. 5% -of this sum .to.:be: paid by'..the District and the balance to be contributed by the City,. The:;, estimated total cost of the project is $109,;500 The Okasistant City;: Manager also presented some alternative assessment district plans if the Council wished to spread the excess cost over a. larger area; pointing out, however, that the staff felt it would be unwise to assess a larger area or to place an additional,'assessment on the parking district. 0 'The "hearing was declared open. It was reported that': no written protests had been received. .There was no one present who -wis ed: to ispeak"on the anatter. It was noted that; 12. votes are.. required to adopt the resolutton determining to proceed without:cornpliance,with the. Investigation Act:, .and as..only'eleven councilmen were present,. action would have to bepostp.oned: -it was xnoved by-By,xbee, seconded and carried that the hearing and all matters in:connection with Project 59-3 be continued to the next regular Meeting on' ;ar uary 25, 1960. Promo ect 5.9-�9, West `Charleston Road (Councilman Bishop came at this time, 8:00 P.M. and.;. was present for the rest of the meeting.) This-wasthe time and place for hearing on Resolution of Intention No. 3176to:.acquire.and construct improvements'_ on West,Charleston Road: between. El Camino Real and the Southern Pacific. Railroad. The project was explained by the Assistant. City Manager who pointed out, that the proposed improvement had originally: been included in`Project 58-1 but was later taken out"of that project and; started,again as a separate proceeding. He advised that; the;: proposed improvement would make th}s portion of Charleston Road comparable to the part of the street between Alma and Middle- ' field -Road on. the other side of the railroad. He also advised that the: City has. submitted an application to the Public Utilities Commission for a change in the crossing gates to permit a four lane crossing' over the railroad, tracks. The Council was informed that. the proposed program=p-ovides that the City will pay the. excess cost of the'improvemert over a 60 -foot right-of-way, and that the City .has applied`for gas tax funds with which to finance the major portion of the City's contribution . The hearing was declar. ed open. It was reported that a number of written protests had been filed this afternoon, including a petition with 55 signatures of residents and property owners in the assessment district and 18 letters fromindividual property owners.. It was noted that most of:those who sent separate lettershad also signed -the petition. The protestants stated that they feel the proposed•widening:of Charleston: Roadwill not benefit them; that the improvement as .proposed will depreciate property values and destroy the privacy of their homes, and thatthe proposed planting. stripsare_ a wasteful use of ;property. They objected to the. assessments proposed, and some of themfelt that they had previous- ly,been_asressed for certain items. The ,City Manager requested that the protests be referred to the staff foranalysis and report. ?ITtlliam D.,-Sauers, attorney representing 61 people living; on Vest Charleston Road,:addressed the Council .intheir behalf Yee stated that they protest the proposed 80 -foot right-of-way and they object to haing� so. Much, of their .land taken that their homes wx17 be close :to,the street; :they protest the planting strips on eachside of the -street, and those -who have already paid for. sewer ;connections objectt to:, being assessed far them again. Mr. Sailers 4.1dicated'that that further'disc is•sion of the problem with the property owners might result in -.a solution which: would provide for a wider street under a reasonable program, but they would not agree to. an 80 -foot right-of-way. The City Manager suggested that it would be in order tocontinue the hearing, refer the protests to the staff for computa- tion and analysis, and continue the matter of action on the protests and the project to a later date. ` He .advised that if this is done,; . the staff can analyse the protests and meet with Mr.. Sauers to discuss the problem 'and attempt .to'. have recommendations and some alternates to preaent.to the Council for consideration. The City: Manager suggested the matter be continued for a month to give' the staff adequate time, for study. It was moved by Zweng, seconded and carried that the protests be referred to the staff for computation and analysis, and . that the bearing and'all matters:: in connection with the project be continued to February 8, 1960, at 7:30 P.M. In connection with Project 59-9, a report was received one Committee No. 1 advising that it has considered therequest of Mr;s, G. W. Moxrsoe, 305. W. Charleston. Road, for: permission to move the existing 6 -foot fence to a new `location .between the house and the newproperty line, which would be in violation of the provisions of the building co& pertaining to fences, and recommends that there be no•:changes in the fence ordinance and that the request be not granted.' This question we's also continued to February ;8 1960. • ect 55-5 California Avenue District. Off -Street Pro a a e�oi Bon s. econ Division•••• A report was made by, the City Manager on the, bids received at: 4:00 P M. on this date. for the sale' of'Parrking; Bonds of 1956, Second Division, inthe amount of $98,000, as -follows: Average Bidder Tota:. 3nt.. Interest Rate First, California` .Company $86,220.00 .7370% Boettcher & Company 87,868.75 4.82795% 3. B. Hanauer & Co. 88,765.25 4.8772% 3. F.arle.May ix:Co. : 90,667.67 4,9817% .Stone & Youngberg' 93,637.25 5.1449% It was recornmended that the bid of Firet::Cahfornia Company be ~accepted,`; thisbeing the best bid with; an average net interest cost of 4 :.737"X, Resolution -No.: 3182 awarding;the sale of these bonds to the First California Company in accordance with their: bid, and rejecting the other bids„ •was introduced, and on motion of Byxbee and Mitchell, was adopted by Unanimous vote on roll call. Pro ect 52-13 Universi Avenue <District Off- treat- ` cui A report was made by the City Manager on the bids • received at' 3:00 P.M.. on this date for the demolition of a portion of building :on: Lots 11 and 12, Block ,12, University Park, known, as. • the Ramona Hotel Building .on I hereon Street, with the recommends.;-. tion that 'the low bid of the; Diablo. Demolition Co., Inc . , of Danville, i in the amount of $I, 600.00, be accepted.` It was moved; by Davis bid be accepted as„recommended, to -sign the contract for this work , secorided:and carried that the- • and that the Mayor be authorized in' behalf Of the City. A:bandhnment Portion of Southern Pack Line .This -was the: time suggested b , mil hearing on the pro Y :CQanxnittee No. I for .an infor Socithexa f"aciin o : posed abandonment of a .portion of the right-of-way from Arastradero Road to Simla` Souche, A letter previously received:fr, County 1�ac .A. l tt .was, send Howard W, Campen, the Board of Supervisors to secure from the that hehid been l requested by recommendation with respect e City Council a; formal" pointed out in his letter that the Traffic-propoways p ed abandonment. He County,. <as px'opoead: by De' Leuw, Y Plan for Saints Clara the nty, a nment4rop oa Gather and Compa z y, contemplates the line in order to facilitate the location dlates conetructicm esf the Foothill Fscpresswa and. aas ressdents of'�'alo:Alto. .x�na be Y and advised that inasmuch • residents' fa Pal y affected by the cessation .of,the nnmutcr facilities, the.: Board of Supervisors desired: to have, the Council's reco farina].sequest of the xzLmendationbefore making a Southern Pacific: Company. The City Manager :traekshat he bad suggested . stead. era - of Arastraderm Road if the; line is to be abandoned. Real instead. of Mr. Norman Baldwin, , 4285,= He advised that . lastMr. Nom Of Committee - Miranda Avenue, had, attended the meeting u l\To. 1' to voice his objection to the abandon- . of the tracks, ,arid since then a letter was 'xeee ved by the City .Manager from Mrs. Baldwin objecting to the proposed expressway. located in t erStanford C. R.;`Antz," Manager of Eastman Kodak. Com :Industrial Park, requested the Council to Y withhold action for a month; stating that the company may n spur track: for the deliver . need the would like' more time" to contact the home offiMaterials, etand ascertain plans :with regard to shipping, certain materials by` rail. xn their Mr. Allan Reid, resident \and property owner on Miranda Avenuein the Foothills No. 2 area, read a statement ob e the proposed expressway j ctxng to which he and other felt would be a detrime t to the residential area. property owners of Los Altos also spoke on the matter, at he R.. W. Madsen Alto and is concerned with the transportation a problem. works ggeste that the City work with. the Southern Pacific and the various suggested businesses arid. industrial .plants to see if a better cornxxxut could be established to e` people wh Serve the" a systexxi - adjacent areas and work irx various o live in Los ,Altos -and place Mr. Madsen thought a: shuttle: service mid in the Palo. Alto area. main line- of the Southern Pacific and; the Los t bAtos line. meetinge provided between the the various trains and taking people to and from their places business. He thought such'a system would take rnan of off'the .-roads and. alleviate the traffic problem, ma automobilesny e ideas be investigated before action is taken and suggcatecl these There being no one else who wished to speak on the matter, the hearing' was closed. as: decision z o �'Y. Radgers, set on 7� n rile' nutter. be delayed by .Bx �,th. �. Theatre for and .. �dditzon to a oxxth, ,,the �.. ,� l°tter ato Alt w�,$ storage ° Co received and 'tai addition:to, h qty ecei e $ from .Lois Davis,at the,: axe • Go Inc. Se Pr' sett tlxr:.; ti t t, t e $o� xty .Theat;, a ha t Cr'etate of' oxage roc t c t f the- e has advising at e e :It ° tbe' fix xty Plaen yers Pleted gift: bo aCcep d °ved .bY Zwe City at - Yex$. '�h‘s to to the Co d that the, zrg,: seconded , . .. rrx unity Players. pka r$°�' send and carried t e�catl an appropriate that the t°untain View '� letter 4f h °ns to . N'�,tic es Vie were and'Wright a °,f ' ° ixtaiaz yed of the f4 These . View:: following proposed Caz+cel Charleston Z Zatjo�; o� notices i'iZedtOxx N°. � an�xe xa. T eg, Plaad: Cty ZVa,. 1 °12 MAlood Control b8 request Was rece • ntrol. District Pr . -`�ran�o tier° C ie trz. {or ec ived, iron the ° ert rd; � ce/i of =,Ste#an / at , ero coxztc. 'portion of arzpn' °£'ta Santa Clara m xzt at ;pur nxzng 0.015 acres„ 7s �a acquired re on r oCounff. ed�;th. Page$, acre, 33 _ the taxes 4n zxzoto� of ,. ish P s, 1 property Axneh °12 said Pr° ert S- shop and by District' for anta. belle s . ozxs a gym: :. Pr�'•aticrz: ,pzstrxct fiIOQ ct; r d Control �'atz � of: the eater A letter Ca receive o on Dzstic a ra , d /torn of the.Santa a1 t A" biriitti C°u Y° FI °nand Act z"elatY a Cl-' ,Co ' ng a oun °ocl Control Currate advised ng tp Ads• ty • 10°d Posed a cn ° and Water h?anage . _ o > a a lara coUY C° Control crater to nA C4xiser uld lbe.a meat. e t`h.t.;1¢ iiteea o.' and Oster C° Section Or 5 do " ed so t a.t as ce:lt the v got;•, Zot, Cdr atxoe .. Pr°tae u)a have diet each,City aPPoi dazni,li ,,�o. rep:resent .. Y lYon .4. c whoHy zone rrizzx ,ntrrzent �.t *quid at�vc on 1I3r or a�zitteest p 4f a C'0U1c Provide a, c° Parri l e wit a,skc.i threpresented, bur wc,, . zl ineTber for reh e attee; that hirx . The:. at e be:advised �lcl nat.b� �r°jzx each c;�tatz°� b the Px e wound mandator city desiring the hi. _by:�Sa d an` e dvised Whether or not Y eupon Council o the city.xng favor be nud'a 1 Z 6O , stating'. that the nswer I i Cux rlin hi. " Aftex brae he wauld assn e h wet. r i bj on. :eclaa � b' Y'��±e f dz$cu$8x4 at there is receivedby tly ed lase e, tit c u, it was all objection. at thou I' 'ace e� atte av,�� b jectio,x� s,ec to the Act o" Gal expresote• til' A a be tbl.ed, Thy e , rkil was dec isapPr°vai o f the ' .ado �ntndme was There wad no l°gt far .lack P°ssori 8ball �urtly,e�,';�acu��ion and no second. at action 'as taken. Flood Control District Documents A letter 'wee received. from Donald K. Currlin, Manager - Counselof the Santa, Clara County Flood Control and Water Conser- vation District, transmitting copies of proposed ordinances and a resolution for review. by the;, City,' Council -prior to final adoption by 'the. Board -.of Supervisors. He. requestedthat comments be submitted to the Board.by"'February 15;',1960 It was explained that Resolution No. 59-.1 ;declares-certain'poliicies of the Flood Control and Water Conservation District, Ordinance No. 59.-:1, establishes official plan:line areas -for .watercourses within the District, and Ordinance No.. 59-2 establishes £ees•.for flood control and drainage facilities. The latter.. ordinance'. would` not be effective in incorporated areas. On.motion>of Zweng .and,, Byxbee, .this matter was referred to, Cori xnittee •Na 1 with request the committee make .a report to the Council *in time to be Considered at its meeting of February"�8., 19;60.' Page Mill Road -E1 Camino-ltrtersection ri�a rrrar>•rrrr�rrrrw�r�rrrrtraaro�r The City Manager reported that he had received a letter front: the office_ of J. P. Sinclair,' Assistant State Highway Engineer, in reply to his letter sent by the direction of the Council requesting that the: Division of Highways Make a grade separation study of the intersection of Page: Mill.Road'and El Camino Real, State Highway Route 2.. Mr. C F Greene, Assistant District Engineer, advised in the coxnxnunication that.. authority will be requested for the Davison of Highways: to` undertake the study and they would start work on the project as';soon; afterauthorization' as available manpower would -permit, and'they anti& ipated that work would be under way early this'-s'pruag. " it was requested by the District Engineer that;_ any informationregarding future.' planning development and master lans for the'. area be ;made ''available to them. The.Cxty Manager advised that he would bring this• information .to :the attention= of AU Brandin, Vice President for Business Affairs'_ of Stanford University, in view of the fact that the University- owns vacant land;` on one corner of the Page Mill Road - El Camino intersection Uiilixnited .Parking Experiments s�nro.rsmrrrs rr�r�r r�arer A report was rri-ade by: the City Manager on two unlimited' -parking experimental'progr.ains :entered into a few months ago altt' the r:equest-...of the Coiuicil, and Downto-wn Palo Alto, Inc He pointed out; that one prograrri provided for free parking on Saturdays in the-University.Av.enue"business:" district' and that' the a e:per:ixnerxtal period had been extended and would terminate on January 31:, 1960. .The.: other. program .had established unlimited parking'. - on certain ;streets _(AIrna, "]High, .Ernerson,: Ramona, Bryant and Waverley)'for?the one block;' between Lytton,Avenue and Everett - Avenue .with the exception' of the: meteredspaces on Ramona and Waveriey for thee-ore-half block nearest University Avenue. TheCity Manager advised that the:experimental period for this program expiredor_ December 31;, 1959, and because of the way the resolution was written, the, signs have been replaced and the. limited,. parking has been re-established on these streets. He. called attention •to letters which had been received from businesses on Bryant Street'protesting, the unlimited parking regulation when It was _moved by. Zweng,seconded and carried that the matter be referred` to Committee .No. 2 for analysis. Street Pattern for 2990,. 3040 and 3060 Middlefield Road The City Manager presented a report from: the Planning Officer calling attention to the recent rezoning of the property at 2990, .3.040 and 3060 Middlefield Road from A -R to It. -3:G and R-1 and to the %£act that one of the original;, recommendations of the Plaiuung >Commission involved a general street pattern for the area, with the understanding the property owners would be given: a reasonable length of time :to develop the street pattern, . otherwise it should be included in an assessment district ,proceedings. It was pointi-zi out that whilethe Council had agreed on the street pattern,' no specificfaction,had';been taken as to, the length of time to' be allowed for developxr ent: or the financing of the projec .; On; motion of Byxbee, and Navin, the matter was; referred to Committee No 1,to consider the timing: and financing of the street developrnent;of the area, and it was directed that the property owners .affected"be notified of the committee meeting when this item.' is to be discussed. Transfer of Funds `toImprovement Fund 55-5 The City Manager recommended that a transfer of $20,000..00 be made from the Unappropriated Reserve of the General Fund to Improvement Fund 55-5 as a loan pending receipt of bond funds. On motion of Byxbee and Navis, this transfer of. funds was. authorized by unanimous vote on roll call. Resolution for ltetisin�'Employee (Ihxryea) A resolution of,appreciation to Robert F. Duryea upon his retirement after elevenyears of city service was introduced, and on motion of Marshall and Bishop, was adopted by unanimous roll call vote. _ (A recess was taken at .9:00 P.M. and the Council reconvened at 9:10 P. M. Subdivision Ordinance Amendments 177atan a►rds or Hx lside Areas Underground- Utilities.' A.report was received from Committee No. 1, advising that after further consideration of street standards for hillside" areas the committee.recomxnended adoption of the standards previously recommended by the staff, providing for a minimum of 30 -foot streets except in unusual circumstances, with two 11 -foot moving lanes and one; 8 -foot parking lane, and with concrete curbs and gutters; also recommending : that street lights be installed at t street intersections and ether locations which are considered hazardous; and that all utilities be placed underground wherever possible. A report was received from the Planning Conunission advising that it heartily endorses the recommendation of Committee No. 1 that all utilities in the foothills areas be installed underground- wherever possible. O Ordinazce No. 1912 amending the Subdivision Ordinance by adding three new Subsections 1.5. 1.6 and 2.41 and by amending Subsections 3,33, 4.11 and -5.14, was given. second readin on motion 'of. Mitchell and Byxbee, was adopted b g, and: call vote. p Y unanimous -roll A propo_eed ordinance amending the Subdivision Ordinance by adding 'a new Subsection .numbered 6.20 installation of underground electric, telephone arid all other utility facilities, :was introduced.. The; City proposed ordinance; pertains only to sub of , It was moved b Zweng, seconded andcarried by unanimous roll call vote, that Y the ordinance be accepted for first reading. uisition-of Land.- Pa e Mill and. Park Boulevard A report was received from Committee No. 1 recommend- ing the purchase of a ®mall parcel of land at the westerly corner of Page Mill Road and Park Boulevard, being portion of Lot 5, Block 7, Hawxhurst Subdivision.. It was explained that the pu_ se of acquisition is- to round off the corner and improve the traffictne situation at that intersection. The Assistant City Manager advised that it will cost around $9.00.00 to acquire and improve this parcel of land, and that no transfer of funds is necessary. Resolution No. 3183 authorizing the acquisition of this property was introduced,, and on motion of Mitchell, duly seconded,. was adopted by unanimous vote on roll call. Tempor.ar Off -Street Parking, California. Avenue A report was was received from Committee No. 1 recommend- ing that a portion of California Avenue between Park Boulevard_and the Railroad be used for ternporary off-street parking, providing. . for 30 or 32 spaces at an estimated expenditureof between $1200 and $1400, and that a four -hour parking time limitation be established on these spaces. It was rnorred by Rodgers, seconded by Mitchell._ and carried by unanimous vote on roll call that the recommendation be adopted and that Resolution No. 3184 establishing a four -hour parking: time limit on these parking spaces be adopted. Park' Boulevard at California CourtciB.man Rodgers brought up the 'natter of the exist- ing stop signs -stopping Park Boulevard for California Avenue,and advised that he felt they are now unnecessary and could be ;removed:" The City:Managerreported that the Staff Traffic. Cornxnitteefelt it would be beat to watch the circulation of traffic after the parking spaces just authorized are constructed, and observe the:'situation lefore'making any changes in the stop signs,, as left turns are nvolved. Amendment to Buildin .Code Tennis Court Fences A: report was received from Committee No. 1 recoxnmend- ing:adoption of an amendment to the Building Code to provide that fences :around tennis, courts shall be a minimum height of ten feet or maxiinurn. height of twelve feet, and that such fences be constructed ofZtincli mesh if heavy, hard wire is used, or of 1 In -:inch -Mesh if light, ` soft wire is used. The City Attorney advised that the ordinance had been written with provi'sion for maximum height of 12 feet, but with no provision.for a ,minimum height and with no reference to the type of mesh to be used for such fences. It was moved by Marshall, seconded and carried by unanimous roli.ca1l=vote, that the proposed ordinance amending-. Section 1506 of`the Building Code be accepted for first reading. Yacht Harbor'` De'yelopinent, A joint .report was received from. Committees No. 2 and ' No. 3 recommending adoption of a resolution indicating concurrence, in general: with"the proposal of. the Santa Clara County.. Parks and R;ecreation"�Coxnmission'for development and operation of the.Pa to Alto Yacht Harbor on a long terns lease agreement between the .City-: and the County, and .expressing intent to cooperate in a study of the prograrn, fusing thet city staff and /or other appropriate facilities to expedite the study.: On tnotioniof Nays arid Rodgers, t'r:e recommendation was adopted by unanimous vote on roll call. S�3rpius �Gt� F'ieopexty s�w�aar�rss ouuaase�wwu ' Exchange with George. Baron report:wig received from Committees No. 2 and No. 3 reconunending .:that the city -owned' property having frontage on Page Mill Road. and Park Boulevard, being. portion of Lots. 5 and 6 of :Block 7, Hawachu:rst Subdivision, be declared surplus to the city's needs. :On motion of'= Navis- and Mitchell, the recommendation; was adopted. The; joint committee recommended that said property be exchanged uiithVeorge' A. Baron for property at 2457 Birch Street,. being a portion of Lot -23, Paul Survey, and that the agree- ment carrying out -this exchange of property in connection with Project 5a-5;, a`s recommended by the staff, he approved and executed: It was-xnovec by Navis, seconded by Marshall, that a resolu.c on authdriz ng, execution of the agreement be adopted,. It was brought to the Council's attentionby the Assistant City Manager that the City has ed.) guarantee to assure that Mr, Baron will develop the property,' as he has indicated and that the agreement is, not binding as to the use `o£:the property. Councilman Bishop pointed out that Mr.: Baron has put. a great deal of work into develop- ing his plans and he is certain the plans will be carried out as he has proposed. Mr. Baron was in the audience and was asked to comment. He stated that he had signed the proposed agreement but did not wish to:haveany "strings" attached to it, indicating :in his statement that:he would :go through with the exchange but was not - sure that lie : would develop the property as he had previously proposed; -that'`he mighe'consider- selling it,. Mr.. Baron advised. that he understood that.: the Council rejected theproposed. agreement of exchange at its meeting of December 14, 1959, and that he had subsequently; purchased other property upon which he might re- locate hips; business., He stated .that he.; had purchased the other property before the committee :;meeting 'at which this matter was 'discussed, :and,. thought ,he had informed the comxraittee of this fact. There was no record of -.such statement by Mr. Baron in the. minutes of the committee meeting, and members of the Council and staff did not recall that such a statement had been made Councilman Navis stated that he feels Mr. Baron's statement is. a complete reversal of the proposal he had discussed previously with the Council and committees, and that he hesitated to:recommend `:execution of the agreement in view of the statement just made. It was ;moved by Zweng,seconded by Byxbee, that in the light -of, this unexpected development the entire matter be referred back to Comrnittee No. 3 for further consideration, and after more discussion, the motion was carried. A .,joint report was- received from Committees No. 2 and No. 3 recommending that the possible annexation of. East Palo Alto to the City of Palo .Alto be not considered. It was moved by Navis, seconded and carried that the recommendation be adopted. Defense of Actions Against Ernpl es A report was :,received from Committees No. 2 and No. 3 recorninendi:ng' adoption oi a resolution establishing the general policy -that, in a case where a city employee is a defendant in a ,damage suit and there: is a conflict of :interest which prevents the City Attorney:from properly :representingthe employee in such actions, the City will pay the cost of defense of such employee, subject to 'Council. approval. of the., selection of the attorney and the terms of his retention. Resolution No .3185' extending to all, employees the right to have •defense; of actions asserted. against them at the expense" of the:City, in accordance' with conditions as specified the r:esolu.tion, was:.introduced: and on -motion of Navis and Mitchell, was adopted by unanimous roll call vote. Was.pointed out during the :discussion that considera- tion is being given to:insurancecoverage for employees which would; take care_ -of s:ach problern.o in: the future, and that Committee No. 3 will :-soon:have :a recommendation to make to the Council on the subject: outsell for Defense, of sazxiea Goodwin, Akers Case A . report was received from Committees. No. 2 and No. 3 recommending that in; the cas a -of Akers vs. City of Palo Alto and: James C;ooct . ,,. , win, Czh. to ..... attorney for p Yee, th,.' selection"of Ro . Mr. Good Roberts! reior ey f o :for his° n be approved and that odaclwi be a<s forirrib rsed attorney+s fees • Mr, Good actual:trial and pre' aa'the:amount of `x'in r xaI of,.t paration ,plus ; 150. 00 $30 he "case in the -gu per day for each x hour Pex'ior Court, day in recce A Motion was made b, mrn"endat:�h of Y Navis and seconded Coxnr ittee s No. 2 _ and that. the 3 No.- be adapted, .: ''The,City Attorney representing the,: Seale, _ y commented that- • to the.ae i Estate in the.. Mx,. Chadwick a q i.eit:an of the Sari condemnation actioz�;x�lati,ve Mr Charity ck psohc.lototors vva►�ted fhe Council to property, and councilman,: should have. that. he and r 'councilman, `the feel,.that 'Mr.: thi s information :: City in Mr, , Chad ass. could not �f' any Goodwin! s case, properly sOrxze `ceili gho the Manager asked if it would uld be in order to was pre8ent.and told of the attorne s place over the the.Council.that he doesosfees, a Chadwick.. tell nn-IIbex' of days' the trial riot have Y Novi Il take, and that much control cese but, thou many hours it would take to hep prepare, • ght it xni properly Id not:. b a`Council Dug ght" be about thirty a suggested. ed.cage. Evans that a xriaxiniu f $2500urs. it was sugge8ted $2500.00 be set ,in this; The motion was of the C°n 'ittees for Changed to attorne the a read' that the recommendation Y :and size $ fo pproval of Mr, Chadwick as Mr.Go fixed unt n€ his. f of;:$2544.00, 'the ex .:. ens_ be" adopted, .with a Mx.Goodwin''$ .fi e-, d' f $ o eats penditure for the: fee' to be maxims vote J. �;cr aunt: ',The is rol i ea-z1� made. from ,the was ':adopted by unanixncius Breach of GovernmentalAut.ho .. xit znsuxa.acer .. mmeridin sport was rec. reco rived'' from ,Co : rssure. 3. that a "breach mmittees, council eabetb of governmental authority" and IV to 3 of tine:C glicilrn c against claim$•for Y�` ,policy t, error obta ch of duty by Couaac °r omiss.ioii, be..obtained. Y by reason '$1,--5,00„ ,reported 04� :fox a hman,Na,VIS that the.. a wined. Tt tild that a. ggr egate'li.miit , 000, with,a $500'd d uc na r present this is:.the °f $QO, OL?0. but it only type of policy a wit2i<a n5 be deductible; may be Poss hle in the: future to e which can limits:; `t obtained t secure a policy with higher i tin �zri,, . of I unanimous vats ®n`,ro Navzsand Rodgers a.utho.rit 11 call, that" a. ►► it o e directed . , Y' po%IC,Y lie': o]atain�ed...... Y brea.:h of g y in a�.cordanc,e. e'er ecoal . Re nest fox park and . with the, xecoxrrr�endation; Retention- of -F.r La ,dies ;n De,artxr ent esent:Parka 33ivasson Orarzi atzon Cocuraci a,n I1avxs reported tha `Cozniti n,. , Chai`rnnan of hap rted es: No.'. 2 and NO. neetn gtee No. 3, thQ dexed.the = °lsoaal of. 3..meeti:zg in Dint fa.rznade' r o;f a Parks":` the Garden Session f . recommended n and tandsca Club of pal, Alto' for >: under that the present o.r ping L"►ep�.rtzzieht the Depa that th of gan 'action , and had andMr: -;Robe. pitiWit .Works. be o f the ,ands that: Division rt Royston ;be exxiployed ais ,cons, istained, .and t as needed to f�ziiish"ad hat- probte v�ee'on -s�; nk and from time to.--tir;e axis, Cciivacalxri;sn pacific ..park - -present set-up' NaYis cor ented landscaping: p ha;s 'been `''!orkin that it is believed ;the 8 well and that a change is -not' ' necessary at this time, however, the staff felt it might be well to. get advice from 'a;professional`: occasionally as needed. It was moved byNavis`'and seconded thatthe recoaunend ataone be adopted and that the. •City Manager be authorized to -enter into a suitable agreement with Mr, Royston. During the discueeion a question, was raised astoWhether a . specific landscape architect should be selected and,. it was, pointed out that the City Manager has authority 'to handle the selection tr.utive matte r It was agreed to adopt only the first recommendation, and the motion was changed to :read. that the present organization of the Parks' Division .under`the.Department of Public Works be retained, as recommended by Committees No. 2 and No. 3. 'The motion was carried. The Planning, Commission reported that it had reconsider- ed;the proposed duplex zone regulations and recoamaaended.by a, vote of 6 to 1, the adoptions of the regulations as written in the proposed ordinance; however, the Commission informed the Council of its intention to apply the' "D" regulations (Design. Control) toany future duplex zoning: Ordinance No. ' 1913,. amending the Zoning Ordinance to add Article 6A .to provide regulations for a duplex zone, was given second reading, '.:and 'on motion of Byxbee and Marshall, was adopted by unanimouxe;;vote on roll call. A report Was received from the Planning Corrxznission. unanimously recommending approval of the application of Dennis Gilmer for approval of design fora two-story addition to the rear of existing :apartnnenthouse at 2865-2871 Alma Street, Zone District R 3D. On motion of Navis :and Byxbee, the recommendation; was adopted and the application approved. Lot Division, 4270 Manuella Avenue (Lavery) A report was submitted by the Planning Commission unanimously recommending'appro a1 of a lot division for the property of C G. Lavery at 4270 lvlanuella Avenue, being a portion of Lot 7, Mesa Tract, which would divide the property diagonally into two lots of :.9 -acre: each, subject to: a) Installation of a minimal street of 30 feet in width to :provide access from Manuella Avenue (to be achieved by means of an assessment district if necessary). b) Granting necessary: easements as required by the City Engineer. c) Payment of all payable city and county taxes. The Comm scion reported that the applicant had requested a total of three, lots. ' the C3 - _ at the street ;# iceZ F° 'g Ours boo feet len$xh- a� The reviewed • : d!natter, t th acceefs road had ttiat he. velvecl ��obl.eycx►;As �,ex�.*"�s:' and the Goal sit , ved befoxe 'he Y,ing P y�,awty`o �dre t a lot division ,sTequi'�es the �►na,usskt d far�r tbxe� ants pointed Out that s 3xrczxc stxcet ixa ' i�F13e t� le��pn s access a wider the O property which. has that he feetalanaie • cam, sell t -f t ri h of�- ►aY' an e, a a the feels s. 'already oast 1.6. -foot rig equirem situation.Planning ue 0wex 204; that the requirements an ex atiza0 not necessary, ustified f°x xsg sated" is, �,ot,i Chairman of the '�'�os�,wag predicated' o i sinxa are Cha anion'$ decision and access, d that the Gaxt�m fire pxotectiox�, a of is in police is an the e Lavery ch a to be More �ssi,nas, d with � .� which. Co the- .r ive he consider s an there are ex o ,�#', land rs�''aed bY. N1,r - d that if xs►b1exA t the. cel She re:narke ssat would probably eYti t oh'father ',Proptwo lay: erties the yr:C5X P tks set. ,er two owners than events for a full standardhe uncil that the t foot street, x equx � X,av�x Y' � het $ta La shxx►e?r�t of a V ith of �Zb� �.}xu� "aff+ 426 by .. d D• . Sm to of Sat " he . uetila �' nd Mx' � who mould :, 'La-fleeted :lz60 hie would be ` Curriea �u Yie that they.would f r+ - Mr ' that these r h • lly letters noted these Liisxs itifoxxz� ended. road e presented It was foot d - willingness o told s eted. letters to Chide a .y statement xt s to t in has lease o f the: pr objecting. not info r read. M Letters do have•a ZQ present" right -of .way • made owner nee in the aid a otioeexadation of. to anY iricre discussion, v,ch t the x recommendation here was, much the b $Y�bc_" sec"ondea b on be adppted' secured fzaxn e i68A be sated an opinion securat the Fla eg'ornm suggested to het axe equipment study 7,weng .. Councilman iie f a, xaa,c�:•rseededueasuaf re eqa pmenti.tbat. 8 e the .+axe ,o that :this is an u al situ0aVT s a respect to its the ataff a oir,,�ed out Coueci d witha e g€e p :rued- `. ,�estigate should h through.':., ., itke c3 S,rauldnb Vtans agreed there should with h suG by a:coxrl.,. cilia roll ag in. connection indawidual xner�ta . Protection problem On --the _ is taken. ' that" the :zx�o=e facts.:0 action Bashop' acts befax e a seconded by ishion was accc;ss we�► ,�,aysd �Y o. 1, a'" it, eased to co attee call= xx vote" on role Stephens, tree la referred poxtex, matter tpe folio ino , avis, caxaed "1 L. rigs". 'E`��`'g, ho . Da' s� P i;.,VG'n'g', Max shall, the sale of ct ��~I" for bids °r� and on rnotian t a 31$� calling dced, o. , 1wasintxo ucrn11caul. ,�,�s©yutaci�,.:'N xo ect;�a_ vote v 1-11:e4 4,fai adopted by' .,,nartisnous ixzxpx� ded ,was daLr,, S,ecoin itchell, Rodgers. 263 ` . � ox�l Ordinance 2 3.01 23.49 , enaents " to Z 07 , " Ordinance No 1914 amending Sections given second.07, reading °anjng Ox� 'ance adopted by unanimous yon o Rodgers' and Ball, was Z3-10 and of Badger s and on. Motion vote on r o11` call..: Claims for Dom; iTt attorney in regard vved. from the City 30.00 for was recei amount of $ report Crichton Hall in the asserting that the caty of Cer.ald claimant as a ?;lot. on to the ;chid ages to.carpet, the carpet when line eer da. a. .. on � the that the lighting a pilot asserted . made two_ b�zxns - ' advised the claim be serviCex�':an. 'i`he':C��; Attorney'. �ecaxaunended' the gas' heater rxe .ce' denies an' such =occu denied. the City Attarne`! received from the amount of A, xepoxt;=was`- so . xctto Schegens iii of N�.r a s the in the at 33 oatian to` chain an a fall on that investigation 33 it regard eg incurred ttQrney advised and he $47.00 . f °r d ve e 'The Caty A half inch an height, sa than:one. and defective dUni tjniversity A defect.le.: a dangerous claim has revealed, titvte. mus and the than `does not o� He recommended believes utter of haw' Cif condition as '� that. the and carried a be denied. Dyed seconded a a that the claim eras ccep Iti, ted Atzorr►oy' s, r �poxta be was -received from the Controller for Ta�c efun Pndation aras:x�c bills: A recozz►m following ta.% overpayment of the Installment, funds- of o ., 209A, Fir st 203, Asst No. Federal savings Francisco F ent gill -No then San 10.772 kirst.Inatallsn 4$ : to on Caiifarnia. ,;A,s$t,:No. e Company Bill NO..,_100$3'' Bankers ortgag $2O 3y";'>to the B o 9237, First Installment, 3737 , ; p, Bank.: America, Stanford Branch. n gil'1_ No ., .. ax1Jc t Installment, 17 �3o to the B No. 461-,A, 'bars fl 0 913, :'As$t; ewer tc,`i eiley, Inc PstallrXients, a$85.92,t6 N othSn 35 9y- t93 3are, t.,e o • 9.301B, an. < . B � gg33,.� As'$t N Feder Saving ent, L] No. & C' Second Ina ri. Francasca $2.f.-30,:;,..-4....:,S.0 No. 7366, A o. 74,32, s.$t". wford• ent' , $ N to C •: C., Cra 10031, JFix st Zns ll:n $125:'.,, , No, ranch. 13 31,'. Asst.of ,Ar erIca, Palo Alto $ Ball No'. Sank 15,,:33, to � carried by �' seconded and Iil.atchell, refunds be carried by ;t was, moved by these tax .- o�sxall call vote, that unar j m bier, ]959, i.ge oz°s for December Officer report:?.the report of the plying The monthly lot divisions, and d filed. The manthiyCatpo s for December on taken an on applications pps action taken in ythe receav f:t a Zoning December d flied. on action': Zoning Adinistratexm mss. were received ' and e the report of the eetinl� was ..as for variances :fu r business, them JS= no further j . There being . o � at 10 •. P.M: PF'aCV D