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HomeMy WebLinkAbout06271960California City Hall,F'a June 27, 1460 TheCouncil of the City of Palo Alto n regular. _ zxictt iorter presiding. session on thin date at ?:3Q�P.IV.L. with. Mayor Pe Roll call as follows Giffin, Haight, Davis, Evans. Byxbee, Rod exs, - - Present: Ball, Bishop, Mitchell, Navis. Porter, g �garahall. M. Stephens, Zweng Absent: Woodward. 19b� r were The minutesof the meeting of June 13, approved as distributed Portion of Pe on the lroposed abandon... This was the time for, a hearing property on portion of Pepper' Street for a distance ce ofer of pfeet as requested u ote pa , Engineer reported. xequestecl,b'y the; Hewlett-Packard Company, Departments Engineering Department and Utilities a is no reason: both sides of this;dead-end 'street, The City that there that .a check the. Ong required and indicates that no. easements tion of the street open. for keeping this p en. There being no one public the hearing was The p hearing was declared op speak on the matter, ; present who wished to closed. er Street Resolution No. 3227 ordering the abandonnoent of a and on xi�otion of lviitchell was intraduced, on the portion of Pepper Street porter not voting and Rodgers, was adopted by voice vote, motion. ect 52;.13, inclusion -of Additional Pro ert� !r• 3223 for hearing on Resolution No • the time University Thin was 52-13 to include Unive si Preliminary Determination and °fir Intention to Modify of T'r� The hearing was Aveniie=x7ist 4; -Off _Stxee339 Emerson. Street:). ho one present who desired to speak on de33ared.ope Hock 14 �„ declared.opeh• There' being the /natter ,: the hearing was closed. Convenience and. 3228 Determining ect 52-13, Resolution No . was adopted Necessity uce , Ordering Changes and Modifications. Project was introduced, and ori�:motx �� f Haight and Rodgers, by voice .rote, Bishop voting 4, .Inclusion of Additional Pro •er PrO ect 3224 of was the time fore hearing on Resolution No. This .; Modify University Determi andnation of. Intention to M 5 ify -14 to include Avenue 1�etexmi Project No. corner of i3 ' -versify Avenue f Lot 4t Block 38, on the southerly avenue? portion of Lot 4,_ Bra, aze�aiit3 Webster�Stxeet;(568-578 'University Aven The hearing was declared open. Mr. Colin Peters, attorney for the owner of the property in question, called attention to the zoningof this.. property, anitem to be considered later in - this meeting, and to the parking situation dependingon the type of zoning established. There .being no others who wished to speak on the nnatter, the hearing was closed. 'Res.olution, No.: 3229, Determining Convenience and Necessity and ordering Changes and Modifications, Project 52-14. was introduced, and on motion of Mitchell and Zweng, was adopted by voice vote, ,Bishop voting No. Add Lions to Parking. Districts • Councilman -Bishop moved to refer to Committee No 2 for consideration the matter of future additions to parking; districts,; stating that he feels a policy should be determined on such procedure' and the. advisability of includingmore areas in, the districts as he felt there nnay not be adequate parking if more, areas are added; The motion was seconded, and a roll call vote :. was as fellows:. Ayes: Bishop, Davis, Evans, Giffin, Stephens. Noes: - Ball, Byxbee Haight, Mar shall, Mitchell, Nevis Poster, .Rodgers, Zweng. -The motion was declared lost. At his request, Mr. J. Murray Luck, Managing. Editor and Secretary -Treasurer of Annual Reviews, Inc. , was permitted to appear before: the Council at this time to make an oral presenta.- tion regarding the distribution of costs incident to the Birch Street Iinproverent Project. -Annual Reviews, Inc. is the owner of pr.oper;ty. at 231 Grant Avenue the assessment district for the project. Mr. Luck .advised:that his, firm • is in agreement with the general improvement project, but urged the Council to reconsider the distribution of costs';:and'relieve the property owners of some of the• costs;;: assessed: to them. :He argued that the wider street will be an: integrai:,part of the underpass project and a greater part of the cost should be borne :by the City. - It was pointed. out that .a number of hearings had, been held on,the matter by ;the Council and that the firm represented.,by. Mr Luck•.xnade no -protest_ at the. -time of the official hearings It was explained;"that the:property owners are being assessed for the coat, of a normal:60-foot street, which is standard procedure`,- the ;balance of the coast for the wider street being borne by the : City arid the California A✓erne parlci.ng district. It wa's moved; by Byxbee, seconded and carried that the matter be tabled: Bishop did not vote on the motion, Co �c�essway. Sy.atem A report was received from the Santa Clara County Trafficways Committee enclosing; a draft report to be submitted to the Board' of Supervisors .regarding financing and construction of Anu+niW.wvfA!iMv: f a County Expressway System ,The; .Committee requested the. City 'Council. to instruct: its representative on the Trafficways"-Committee as to the position to be taken on each element of the proposed report,'. and stated that it was the desire of the Cornmittee that action be taken at itsJuly> 13, .1960 meeting. A copy of the report had been previously distributed to all ,council rnembers. . The City Manager reviewed the summary, noting that there are. eight recommended expressways totaling. 50.6. miles;' and estimated to cost approximately $65,875,000.00. . He pointed out that three of the expresswaysare partly within the city limits of Palo Alto and, would handle traffic to and from Palo Alto. 7.1 A motion was made by Mitchell, seconded by Bishop,: that the report and recommendations be approved. A motion was made ,,.by Evans, seconded by Haight, and, carried by voice vote that the matter be referred to Committee No, 1 to report back at the next regular Council meeting on July 11, 1960. It was later agreed to have this question considered by Coxnnuttee No,. 3 insteadof Committee No. 1, inasmuch as there may be difficulty in arranging fora meeting of Committee No.♦ 1 prior toJuly \ 1.i.Y_ and -Committee -' N .l .e meeting before that date. Annexations: to l iountair. View Notices of the: proposed annexation of areas designated as "Pear No. 2" and "Stierlin No 14" to the City of Mountain View were received ,and tiled. Proposed 1960=61.Budget .The City Manager presented the proposed budget for the fiscal year 1960-61. It:was xnoved by Haight, seconded and carried that the budget;. be; referred to Committee No. 3. A re®ment:w th Southern Pacific for Water Line The City. Manager presented an agreement with the Southern: Pacific Company covering an easement for a 16 -inch water main under the Southern. Pacific right of way at the California, Avenue Station. A resolution approving this agreement and authorizing its executicx. by the Mayor was introduced, and. on motion of Byxbee, duly.seconded, was adopted by ;unanimous voice vote. The City Manager reported that many years ago the "Frances Patterson .Scho1arshpFund" was established in honor of a former City- Librarian; that the prestent City Librarian has requested .authorization,to close out this account which is. only $45.78 and .transfer, it to the Deborah King Scholar ship Fund, which, is;adxx%uustered by. the' UCLA Library Staff Association, and is an active fund for the 'benefit of library school students. It Wail moved by Ball, seconded by Bishop, and carried: that the Frances Patterson Scholarship Fund be closed out and transferredin accordance with the recommendation. 6 Project 58''-5 Shermazi p vea cae Parking The Assistant City Manager advised that it is in order to eliminate Parcel 7C from the Sherman Avenue Parking Project 58-5 :and dismiss the proceedings filed against this ,particular parcel of property.. It was moved by'Navis, seconded and carried that the City Attorney be requested to dismiss proceedings for the acquisi- tion"of Parcel 1C, Sherman Avenue Parking Project 58.5, as identified in Resolution No. 3012. Traffic Signals, El Camino and Hansen Wax The City Manager presented a proposed agreement with the State of California, Department of Public Works, Division of Highways,:, for modificationof the traffic signals at Hansen Way and El Carrnno Real, which is being undertaken as a result of State study at the :request of the City, and is intended to reduce unnecessary delays .now being experienced. The estimated cost of the City's share of the -.work is, $600,.00: A resolution approving the agreement for modification of the traffic control.system at the intersection of Hansen Way and El CaminoReal, specifying the .proportionate share of the costs to be borne by the City and; the State, and arranging for maintenance functions to be .,performed: by the State, was introduced, and on. motion of "Zweng, duly seconded, was adopted by unanimousvoice vote ort : of Citizens . Committee on Public Transvortation The report, and final xecomrnendations of the Citizens' Advisory; Committee on Public Transportation was submitted, and copies were distributed to councfinembers. Itwas moved, seconded and: carried that the report be referred to Committee No. 3 for review. A:report was received: from the; Planning Commission advising that after further .consideration of the application of D. F% and :Elizabeth E. ';7.epera for change of: district from R-4 to C-2. for the propexty_at 568-578:University Avenue, being portion of Lot '4,::Block 3.8' corner; of University Avenue and Webster Street, the Corairnissi"on recommends rezoning of the property to P -C.. subject to the following coiiiiitions: T) Uses: R-4 uses except residential, but including. as an additional use "stock brokerage firms 2) Setbacks: Not less than 10 feet from .Webster and 20 feet from the City parking lot. No set- , back required from University.Avenue;.. Total `remaining site may have Complete " building coverage. 3") inclusion of the property in Parking Assessment ,District 52e14. _ 4 � St 0 txO.ctia a nth , three within. ohe ohtli y Start, approval,with that the �y cal xav3 • Asia arnexidrhex t t\e. g�a tia a to .Z. .1960 shggsated by ecoxi'nen from It -4 �f due a axe r't �t w g ed) a a} pera property roCornell eet xeGa ,d fax � epted. ex a X,,e the xev'o ie. �c,� rCya�in d:jug at: that the 4 x 't the G.. G° Ge st x - e$te� tins to xtY gri, ax �,i?� fad fir ,� eau la x a'i� t was: accepted. Go yes,o * strict reo uays to p ti the 4 ca� ixh��' ti °f the � ��'.���tY ''� ,S xbee `et► y e ' titan Y 4x ax��. _Offices Go'"Gi. for .tbi p x 2�$ey e s c r►de:S ttes , x i tey y r,,axi , bx 1l e 01: -.10.e - ry' F �� i.4� 'k Q G District" i$txi�t Gus �aT' �o��� was zt district; �,id g,�rxc� .: ,.. d w'a esd eta think: `ad acetit to ' the ist ac p x�at� � xop d that he w ri }s , an e f nor, ar Qkex a eoffice o• e ?la uttitis stated ee of. th c .be oX a stockb er a eoOfficer Y ax Gcc.. t_Merelyp fox th. ctioh views t, o , p . wau a ex�' fux eY a Planning des ;, ' a� use �� .tk�..�e without ��d by the d exty in 4 a�,�,. the d there chs property at�ox, b 1°� xa:wexg a�a .ax the eplpa�l xea x ,l Goxx a Ge co. rdanc with t was original adopted b'� art► tiah• t ly lovedaccordance ax e. Go, lhei .: s given. 3daP on.od the to P °v� e, ahly seconded, was dopte .a.Sor t . from. ioti� 6. Y Brie e d �1iar o � As . , 1 as px'e ,citiax, af' tiati'►��i ° 3 paxY end" and a i� si art ?1.ati , ... o Y xecQls� ' ire vote, _ e�e�a ittce tx�.'i$ voice h Te e aid ed fxoh). Gov't of the �� plans: of 'one vas �ceiv ca ,edatdeyatop ta''G for p, i e i° , rio d thapplication. z ct troth �' ,xnc '�� of d, that the '-' appxovfor change of, to: ®f ; f or : iris i8ginn r.iate$ seabl coverage d' TT Gaxx ' a� Ass Village, Pa — oY A x.iL�o e f cx s,1,d build th i7o` ,� a, ac tp7 * setbaa accordance ea5 indicated; Density, it z e �� ,ate Yb for axe areas, a �x�.G usag tox�es f°" �,-3 f of � gar start a� �. ��i�urn ,�,�,e ca��'n� }with firia�' c atzu 1963. arx� �,a`�,,� pece ca„�de m n 1taha.') se re a pax°vine"t vb � �� d oxd �G and ,� Yt wee ° that �xo : xa�,ext'� o ?r et xea Develo s voice ax x S ,this accepted ect to px Pear` an � cam, cprs,r� wo xi ° pleb°x t ached r 1960, me" October 31 �e�e���cti°t' �u G Gox, xober d aid c the b'� ev e1aF' t +,eau ° . i x e A. T A"'�x�e A sa b+ G° mete established for of sub' xfoa ttd be ari' aa.`$ub�" proceedings a�,txficat* tY A xe 'rt_w district pxa a, Avenue ;orea Be improvement. that iriassessment e rani axf the pl r`s for this imp deen carried that the the `3' c'� s� the ci f of t Baal °f onded a urine f�;z'a�to, fi�a1 p by $a��+ Sec was abse�'t d Sect . moved 'Bishop ,�� wig rn a��t�a. tiox� be` cc�a texxs Y xe cyvot oh this`?' « report ;was :received from Committee No. 1 advising 1 that after-;rectensidering, proposed ordinances relative to underground utilities, the committee recommends adoption of the proposed ordinance adding, a new subsection 6.20 to the Subdivision Ortlinance pertaining to underground utilities, and a proposed ordinance adding Sections 37 02; and 37.03 to Codified Ordinance No. 5 pertaining to. underground utility'xzietallationa Ordinance No. 1949 adding Subsection 6.20 to the Sub- division Ordinance was given second reading, and on motion of Zweng, duly seconded, was adopted by unanimous voice vote. ,Ordinance No. 1950. adding Sections 37.02 and 37.03 to Codified Ordinance No. 5 was given second reading. This proposed ordinance defines utilities and utility installations, and provides that, from and after the effective date of the ordinance no new utility' installation shall be rnade in the city except such as are placed underground unless in the opinion of the City Engineer such under ground installation ,in any particular instance is :not feasible or prac ticable. The City Manager reported that Mr. Roy Maloney„ Managerof the. Pacific Telephone and Telegraph Company, has requested that a minor change be rzade in Section 37.02 by insert- ing the words !"or addition to" so that the last sentence of the section vou1d read 'New utility installations shall not mean replace' - =lent of or additio:i,to any existing system." The City Manager advised that the staff would rather rot change the wording at this time but would consider the telephone company's request and bring up the .matter later if there is a problem which needs correction,. It was x owed by Zweng, seconded and carried by unanimous voice vote that Ordinance No. 1950 be adopted as written. Photo Contour.';v1a A -:report wasreceived from Committee No. 1 recommend- ing acceptance 'of.a proposal to furnish photo contour maps of the foothills area which has been annexed to the City (approximately ten square miles), for a total price of S15,970.00. The City Manager advised that a number of proposals have been considered by the staff, and that the Engineering, Planning and Utility Departmentsare interested in having the information to be furnished by such maps: He stated that the City would retain possession of. the masters and copies of:.the maps would be available for sale by" the City to interested developers of foothill property. It was moved, seconded and: carried by unanimous voice vote that the re.coxzmende.tion..be adopted and the proposal for furnishing these photo contour Maps be ;accepted. -Surxilu s oration Project r'A,report was received from Coxnxnittee No. 3 recommend- ing ing that three parcels of property be declared surplus to the'Page Mill -Oregon Avenue Grade Separation Project, and that the State of California's interest in these properties be acquired by the City.:, adopted.was o of - Mitchell, the recommendation eco 4=.n Ass °oxatio "` -`-- of �a endati�yn "w t' recommend- ing that A report °rents 1 the t waa: ' G,�, City aub � agre tnta, ; afa1° Alt° °d by Committee d. a' thais �y e'� +ith city rheMayor ;n the Association of N°, 3 i 8"ant tiah tY and county govt authorized of Bay At,� et�d� rn�ents who are execute the recommended helped foMarmulate .Porter, , a .. - are members of ° ende ?nulate the member o, Z::t:e. ' � �a Cit x�erae7t te 1��ayax�s; i Y of�'14E -Gt�, Pala AI hd by`law C° xtte i which have become ern a recent e $xne a :xze � A,�Soei$ti° ° ntbul of the to-�ex � matt . _ . rne�.b����. bulletin announcing �x�n�yn � J execute °f of ` ` nc utethe No on t; a motio agreement aim and BYxbe Jor� In n. ver ma' "°jce the Mayor was 'went Ad /lodgers authorized u� nt' Punk voted recc e A rePaar•t ; uatmem,g .that the s received f, C: Puud` d he'tx baI from Adi transferred of ri , 852 1; to e ed 3 e rJhappxo,�r a:t Investment' was adoptedII and motion of `.: av; �,�r�e . . *`dopt da the transfer an h¢xl1';ed b Z1, the recommendation o e'nt,t° A mm r by p endat1O e d nietrativ unanimous voice n an ,eme A r P°rt g+va a e Code section vote' provide ndrs��a�t to_ submitted ..�. .,_ 41z 1 !t Section d b a��''��° a�aTa 3"' �'°fizrzig of � 412 of t,�,sC°'�mittee No Ppr�ya�, by the ows f overpayments Administrative e o ar hol t th recommend- bag ar witheyt��. the ne�or°ne.ons Code to Administrative ordinance. ssx�' of Council t° dt i eec°rtd d a proposed as amending Section 412 fox first on moti° of the Zb an. reading i. g b of Navzs r Area oY a. c�,� vac reca Are tt°n Avenue �: ntxne Part,':k, reopen nd;ng t as received 1 apa trxie t ridig study' t t e .Piaunin ed fxaxn Cool 1 t level of zoning the area ° x pion n . 'No. 3 development." north °i requested eq to f was ctapted � motion hg Nevi. n Avenue for i Yx do voting No. and Mitchell, the recd J a�meneCation f. J Councilman' Navie, Chairman of Committee No. 3,: read a :report from the committee recommending that the Council approve a joint.: study; aimed toward developing a program for revitalixing..Downtown Palo, :Altobased upon the Downtown Palo Alto Inc. .Sketch ;Plan, . said program to be developed to a working drawing stage, but ,subject to the understanding that: (a) It be based upon an econoxnic feasibility study to determine the ability of thearea to support . the recommended .improvements. (b) TheCouncil is .to have the r;:ght from time to tinie to modrfy:the program in the Sketch Plan iaa the light of the findings of this more detailed study. The ,final ;recommended .program be submitted to poll of affected property owners prior to final approval. Committee NQ. 3 recommended, if the above is adopted by the Council, that the following be adopted as statements of preliminary policyto guide the city staff in developing the study: 1. That the pxoposed underpass and interchange improve - merits be eliminated from the initial phase of the development program. 2.:That;the Council proceed as fast as feasible with the relocation of the downtown Fire Station and Police Building, and with the replacement of the Downtown Branch Library.' 3. That the matter of the replacement of the. Downtown Branch ;Library and any question of related facilities; be referred to Committee No. 2 for review. 4. That the City Council approve of the general concept and location' of the pedestrian mall as proposed. 5. That the City Council approve of the general concept and general location of multi -deck parking structures. 6. That the. City be reimbursed for all public properties owned by the General Fund to be used if the parking plan is implemented. . That the suggested north -south one-way street pattern be approved and that it be extended no farther south than Channing Avenue. 8. That the program, if approved, be undertaken on a stage basis. 9. That a decision on the construction of the loop system be deferred until more facts and figures are available; that if it is decided to go ahead with this proposal, the' City accept financial responsibility for the loop system and .determine at that time how the improvements will be financed. ..�` ...:.ter. 1 0. That the ......... area Of benefit be new assessment district determined- and t rode be established legally en a pendent of the existing two, with area zonin committee No:,:; 3. g study and all other recommended f atudiei relatin further that thethe financed as economic (a) Ststdiea as fellows: facilities d prelitrmanai•y plans relating to parking: revenuer parking meter (b) Studies " and 'loop preliminary plans relatin Syste ,. are to be financed g to the traffic of the City, bythe General Fund' (c) Studies' and preliminary areStu i be prelim ry plans of the pedestrian byanced Downtown Palo mall . The total cost of Alto. Inc, above parties'T a the co planning is to be borne by ble portion r the completed that the final cost each cliche cost mpleted development of each of;the entire completed development bears to the - finance his cstixn elopment a total e ated share: of the Planningro cost u Each is ta- expenditures are to be g cost currently. presents made until the City Y • However, proposals the studies to the City CouncilManager sec Council for a secures and 7s�..,diacugsia pproval• the committee had g the report, Councilman. re makingthe above recommendations; given the matter extensive Navis advised that ., ern as k whether co endations; conssder sous bone hether the 'City can finance that there was serious whethertheeth ` its share of the and whether reason downtown area `can support theproject, program. arad_ it was considez•.e:d desirable proyect the - plan, have , before ,and for this in particular can study made to going ahead with area then an afford and ntheir determine what the program, how fast it - - if it is within their area could be carried ot.t, ability to ,finance' A motion was series of rtes made by Navis and seconded that the adopted, 'm ndations submitted by Committee No. 3 be " behalf of Mr. lVfeibert Adams, ofseveral Mlbr attorney, addressed Stephen individual property owners who the' Council, in including- ;;Koss Harvey Nixon oppose the hm.an► and �:: Mrs. Nellie plan' Wavexley'St:reetg ma .Schwahei, owners o f Stroller, pro. property Erna if proposed be on r lire ProPcised Sketch Plan � taken for additional F g. and thatif the r lose ere carried out, rat parking he med that: three` r M_ Ad Towner of f the council Adams stated, Zwengxb downtown property), members, Courzczl.•ri �afficer of Downtown eight (a merchant) en conflict of finterest, f Palo and and wished to Rise e,? eve a passible " Council might seek- - a raise this ruling from the City Attorney point so that the 1�..0: fey on the question. (A recess was taken at the cess this time, 8:50 reconvened at 9:00 P.M.) P.M,. . and The City regarding Attorney vvas asked to eg dg conflict of. interest i comment on the Attorney advised that h n this particular question coon' c had. been pa_ ocular situation, ei ��Yhee asked individual) The City Haight`and .Zwer Y by the three - S) to furnish to them a written opinion assao'wc ,_ -- hetheror *sot he. feels there is a conflict of interest, and that he would do so:before the' next meeting. __ previous atatemente regardin the subject d advised referred th op2r ion a counczlman.:should:: not be disqualified from pa that in his in the discussion or voting participating. a nature that. it overrides: atehe feels the is to interest i tt is of such public interest to be. Councilman Evan's moved to *mend the motion for adoption of the entire seriesof recommendations by eliminating those 'which would adopt statements of preliminary was no: second to the P 2ninar ameadsnent. y policy. :it ;was at the.City � Councilman Navis pointed. out recommended heth Manawger, :s request that the committee t''a'temeets.of preliminary policy in order to guide the staff -in the. studies. After further discussion the motion to adopt all the recommendations : of Committee No. 3 was carried by voice vote, Byxbee not voting, Quncilman Mitchell stated that one of the first things to be done is to asc 'ertain the opinion of ro the proposed mall. It was moved by property owners fronting on that �®wntow�n<Palo Alto, Y Mitchell, seconded and carried Inc. be requested to proceed at once to find out. from the property find doff they are owners facing tike proposed mall whet her willing to their right of'access'to the street,, Pro �'ec.t ����_,3,� Suit for Ae.. , uisition of Sim son Motors A report was received from Commits that the suit regarding the acquisition of the ro Committee ty 3 recommending Simpson n?rnens3ing p Motors be the 1ssed, subject P perty occuof proceeding with such action. to the legal ability of proceeczng Councilman Navis advised that it was meeting of Com ittee No; 3 during brought out attla that i specific Cor discussion of the downtown plan: decision had been made regarding the so-called Ian:: automobile: row; also: that 20 from die sale of automobiles; and cent of sales tax revenue comes lion suit against of the'. owners and that there is g of property pending the condemna- tion desi,grzatedofor a: Y now occupied byd Simpson High; University $ lot in the block bounded by ty and `Lytton:. It was Emerson, agencies not only provide sales' tax revenuebutcustomerd out that sfo th downtown area. for the In behalf of Committee No. 3 seconded by Rodgers, that the recommendation it was moved suit be adopted, for by Navis, dismissal of the The City Attorney advised that the matter had been for trial starting today but was continued to the statute :providesthat if an . July I8 set I960, and abandoned the conderxiniri eminent domain action is abandoned by g body within forty days of timo of trial, the body becomes liable for attorney's fees and costs of preparation of t trial. he Mr. Kenneth Jones of the firm acting ' counsel, asked as to . as the City's elimination of theproperty'effects the dismissal of the s ty s bond suit and in question from the assessment district e acquisition have on the project, painted out that the uisiti q on of the been in, behalf of the parking district property' had n. �e after ct: it o u Zia d been held, and in order to eliminate it from the would be ill order to give due notice and hold additional pxoject:`it w o . question was xaased hearings on the giiestion of elimination. The g whether .costdwhlch`the City has incurred the district,and the' as a provided opposing party` are-proper:charges agar. lied. that they couid.be charged to the diadstrict ed that .the the Jones rep ubiic hearing. the matter xm=fury aired Might is the fact that thetic t e ire blon d only coars beetion d to ran ro eCt: and this p issue has been sold: t• o fixxanCort ozxpof the cost: that it would ur base a. accaunted for� _a sub�ataxsta'i p 1 in the s,�rpliaa funds to call in bonds or eliminated from suherutC g -- _ place ofthe property substitute" i?rbPert'� � to ta%�e the= the project:.' changed The motion, made by.,Navis and. Rodgers to was s a be read that the necessary: proceedings be set up and ted at the - ear lie.st possible. moment for the elixrir�atian of �stitu the property: frorn.the ii strict. After further discussion, it was moved by Bishop . to "..hens, and carried that the matter be that the referred attorneys by S P sideration be instructed No, o o_ ask fo2 for ra continuance of her trial. be inatruCtE project 59-10, Sanita Sewers Foothills No. 2 Resolution No. 3230 of preliminary Determination and of n, to. order the` construction of Sanitary Sewers in portions of Intention was introduced, and on motion the Foothills Annexation'1`To• 2 area, by unanimous voice vote. of gyxbee" and -Bishop; was adopted Pra'ect 541 Sanitary Trunk Sewers and Water • stern; oathills No • 1..A 3231 of Preliminary Determination -and of B,eaolution No. Sewers and Water Sanitary Trunk 1�A Intention to order'thE constructionof Foothills Annexation a oadopted stern to `serve p. opert}r Supply a System. and on motion. of Byxbee and Bishop, was introduced, by unanixxs.aus Voice vote, BQrj Alle Re ulatiane c and. d of Ordinance No 1951 repealing Subdivisions b, - re azding hours of opera- :, :9.Q1 of Oodifret�.Oxdxx�arce No. 5 g tion.ofbowling' alleys, was given second reaclir.g, and on motion of Mxtch e ;l- and' Bishop, Was adopted by unanimous voice vote. Char e`for -Trunk Sewer �on:aectiana "Ordinance No 1952 prescribing a charge for connection we -r was given second reading,and on rnvoicotissi eo aviitchell, duly 'eecorded; to ma s trunk. s e. was adopted by unanimous Rnend�mes Setback Ordinance the Setback Ordinance to No..19153 amending pr�;nanCe,, venue in the 20J' both sides of Sherman A eliminate the setbacks:' on , block and ®n, motion. of Rodgers and vvas:g"iveri= ,s�catd.rcadix�g, Byxbee, ‘ was adopted by Imanimous voice vote. • P: -C Zone and Develo merit Schedule a s re an area ero oa A Ordinance: No: 1954, rezoning 25 acres at Bayshore. Highwarand:Embarcadero Road from L-M:A to P -C and approving ", p -C. Development 'Plan and Schedule, was given second reading .and, on;motion of Byxbee, duly'seconded, was adopted by unanimous voice vote. Zone Change* 339 Emerson Street .ter A proposed ordinance rezoning Lots 32, 33 and 34 Block 14, at 339 Emerson Street, was introduced and on motion, duly seconded, was accepted for first reading by unanimous voice vote'. Trampoline Center Re ulations A proposed ordinance regulating the installation, construction and operation of trampoline canters and requiring a permit therefor was introduced, and, the provisions of the ordinance were reviewed:by the City Attorney. It was moved by Byxbee and seconded that the ordinance be adopted as an emergency ordinance. Mr. Michael Aaronson, , attorney for a firm constructing two trampoline".centers in Palo Alto, addressed the Council stating that he 'felt some of.'tke provisions were too restrictive, particularly' the requirements for insurance and off-street parking. After discussion, Ordinance No. 1955, adding Article' 16.5 to "Codified Ordinance No. 5 regulating Trampoline Centers, was adopted as an emergency ordinance by unanimous vote on roll'. ca11. The same,; ordinance in non -emergency forma was, accepted for:: first reading.. 'Ate es=lent Rell-for 1960 -61 A report was received from the City Assessor submitting the Assessment.Roll for the fiscalyear 1960-61 for the purpose of equalization. t +Nis" directed that the Council meet as a Board, of Equalization, in accordance with Sections 459 and 460 of the Administrative Code, at 7-:30 P.M. on July 25, 1960, and that notice of this meeting bepublished as required by the city ordinances.;' an Antonio: Grade :'Se e ernent The City Manager presented the agreement with the City of Mountain View, City of. Los Altos and County of Santa Clara regarding: the San Antonio Grade Separation Project. He advised that the 'Public 'Utilities Coznmxssion has directed that the signed, agreement._ be forwarded to:them"`by June 30, 1960, and that the agreement contains the conditionsagreed to by the Council at a previous meeting. The. City Manager suggested that a resolution authorizing the -Mayor to execute the agreement be adopted, subject toapproval of Exhibit;.A by the City Manager, and that the City Managerbe".designa.ted' as the City's representative in accordance ax'xyylrnTxwv'Y^� w..yf... with the provisionsof Paragraph 4 of the Agreement. A reso on approving the Agreement and authorizing its execution by 'the Mayor was introduced,and on notion of,Byxbee, duly seconded,.: was adopted by unanimous voice vote, subject to approval of Exhibit A by -,the City Manager; and the .City Manager was designated`, as the City's representative in matters relating to the;project. Claxxrat� for Darxa�es ,A report was received from the City Attorney recommend- ing denial of tile following subsidence claims: 1) from Joseph: B. and.; Paula ede -, .628. Georgia 'Avenue, in the amount of $680.00;:. 2)'fronx Paul C and. Evelyn. M. Geyer, 634 Georgia Avenue,;: in the sum :of .$46, 730;00; and 3); from Aubert E. and. Elaine Berinett,, 6.24 Georgia Avenue,- in the,amount of $11.68.41. The City Attorney. advised -that these claims represent damage due to subsidence of the groundunderlying;the three houses which were built before the:. area 'Was annexed to the City on land which was formerly an old barressupa.t; that -about one ye.ar after the City installed a water Main, therS;wistielifreakine the water pipe and damage to the houses in the forzn°of cracked foundations, uneven floors, cracked walls and broken= windows:. The City Attorney advised that investigation indicates thatirrespective of whether the water from the broken pipe contributed to the Subsidence, nevertheless the break in the pipe was. initially caused by subsiderice.in the improperly compacted underfill'+, and for -this reason it was his opinion that the City is not responsible: and the clain s should be denied It was moved by Rodgers, seconded by Mitchell, and carried that the City Attorney's report be accepted and that the three claims be denied. Monthiy.Report'of Controller The monthly report of the Controller for May, 1960, was received and filed. Transfer of Fundsl to Hospital A report was received from the Controller requesting • approval of a transfer of $164,000 from the Hospital Construction Fund to the Hospital Bonds of 1955 Interest and Redemption Fund. in order to; provide cash nee4ed to meet bonds and interest coupons payable July 2nd• and October 2nd, 1960. The City Manager advised that there. are .sufficient funds to make the transfer because the constructionof the hospital was kept within the budget . Xt was pointed out; in discussion that ,the transfer is considered to be a loan to be repaid -by the ;Hospital when it is able to do so. It was moved,:; seconded and carried by unanimous voice vote that the transfer of -funds be authorized as recommended. C1oiiii:of:-Accounts - Reappropriation_ of Fun s: for `�ncorripleted . ects A report was received from the Controller requesting the .following 1) That the Council authorize the Controller to make Journal .Entries for inter -fund, inter department and inter- �w-- the books of accost for necessary to close 407 ofthe �,, SectionSurplus of various. heliscal ion transferso.0. in accordance opxectio scat year. Cod that the Unappropriated naPP meet 19`9"bo a tho £i-..;* . Code; 2}, �ecessary.to 30, 19b®! ; u stra see a the ?amounts n at Tune which appropriations ti Tuneiatia 960; e n funds lie reserved in aatid �o ,,itments outstanding that the.. so co plated . .. for purchase �:etcd'cagital projects .. fox completion; coxx1p get be .approved required hattt 3) t�.a'� uncompleted budget acts' in the . a reappropriation� o£ funds the, continua- , budget include , Council authorize ro act$ b l and that the Ccsun 19��=' xo sects, _ of funds for those projects of and the expenditure current ant budget complete said p expiration of the and the tiatL`d£ the, work between the e�P the. pexiodb�" during the now budget. carried by adoptlan`of" seconded and requested b; Mitchell, taken as req. �t aa moved y unanxmaus voice vote that the above actions be by the Controller . to come before the no further badiouxned at 10:15 P.M. be the meeting was declared Council, •