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HomeMy WebLinkAbout11141960et in '�'� �� ofpa�oMt° � xe�i �• 0���,1 of the �'''� �it?a. �3,Yox to at ,7.30 4- etch tbi"&: date max g li. o$. 'Por 11, as seem'on. , 'r' fa lava � � Gsff ' oodwa d• ,. ��,11�8�'�'�bag,�Ye:. Step Dra$, yaa� October Ab�'bt, of the , ,�etsnB of he Initiates " listr Yxc�e�'�`y °a x�?`°e . 1 �'�'��°,�gd �� ,xave e`t a Palo Alto arid. city .: Pal e'' a a endixlS x ,el �sx 'e' 1g83� &con.cha a City k�aa ce e �a� to coon d• '� city on Qdi c a xe tix�g a intXoa'�ce e exet' Y Y ite � Gad c�d,�xc o �Gt�, +��' �s�t�d. zse �ia� ,�,.�,t� �' x, Qnt '£'s , in. dopy '4 Ge s ae 'in Coon l �vax*� thataopti � �t x 69 �f and t' a °xd� ,, o f ,?' advised • that, 1 ffect� 8 •P t:d 8���"'° '' ate$ v°''c a�en�.a xb�e t tie fan of $y . ce by r�n l � �''�ex�exrcY°� ag .an e� x°off dnTxS4 aaembex$pxegent. cta eet ix°la the _ as eat ct 9 3~_--r n 8i hop ` this • ten• 1. tG�,,e coos eratiox► °£ x �� s %lewd:eh:be tha cgnid *ge GitY n dthttb ,thy �r,1 1. cedthat ,. ect 59 - to i° ' c:55 en813 �ne as? on ,0 e$ted a 1 �t wa :- ex t .� ._ : 8 i�,tex ;as, aid 1 %t o£ ,az�T� d Y £ate�2e eCx'tY °£ tt�e n° +awe •� 1� t `fax ,ap, eix�� e �e is¢u`e exe b tits t be d $h° w� said list declare en' was c?°� - 8h° on has. dec in a�+se� be�x ::::te7e vzxPid 3i •� T ie; ttex. list oftry ;��.� °ant o£ �- ' tedd �OsF��°z�. o.3�� xn'"x� �z� the a� was adopted. bona& Vier). ' vlas ill lea e:-1 £ i.e3rz �i'Mitchell and o:(161 motion the bids ments xq arced' .:,1a e • G� tY �1fanan �,ect 59-3, aY ` axis'°`�a `�o rtias ble �£ the bond o t a � re's°� for th��. � ate: received. tb +tea follow exa e te,reat �. x.�r „ p,v x�3pt7`R d ex 4.229 p0) - - ee .Goxxa CY 'tern ` ' 0 Vaphr Levi, �,oxs�4 4.2 465153 aa►. de= 4430010 1-4 ,na ; . x 4. be" Stolle ' '�tO a1i£d�� anY ix $t . hex It Coop 464 ..,....mm--.�.-__. C i es Company be des hA bid of E,► at S It was recommended a bonds to accepted. the sale of was 3291, awarding" sir bid, . Resolution No• at the rate stated snth by x� of Porter and l'ly�c, was adopted 3 r u Soo ad on mot,io Company introduced, Determination unanimous voice vote- 3292 of Preb •� Project ,59:on Rssolation NO. d Modifications, comber 12, e Cbang� 'modifications for eng and ofdIntentiong to bearing on the, proposed o ed, and on motion of e and setting .gas introduced, ous voice vote. 1960,ort adopted by ' was adop .e and a+xs Porter, at this tisn `_.(Gouyacil:r►a► Bishop" returned ' the` rest of the: meeting.) p�c,esentfor Foothills A�;,,��.atiora No. tar. Sewers, division of assessments :. Pro ect 59aA�, S and 3293, ordering and on yssmer' Resolution No. 3293, 59,10, was introduceds voice vote. Project adopted by wad of Mitchell addance • was Iviitcheil -and Bishop,: that the p�,llsc- 3294, determining . hoeasements.,the pu. for Resolution neCe No. uire .the acquisition sscsgiox� thereof, and s, nesces$i.�y immediate 'pe neat hereof, proceedings, interest 8 and 1 of _ice' - . in eminent s adopted' sewers and -the ,tag_ Attorney and t domes action of the. Girl on of tchell ratifying . don motion was, intxod�cc d' by linanirninis voice Vote. eat'Bonds of 1956= Series '1E" r ovem ;,1iacagcx on the bids.. matte by the City 2 n the Gx J:.° report was E , A date for the sale of $250,0 ,+ ,a is . or *ill of 1956, 0{� ent Sonde recexved at.,3 �$l �nprove� pal.cs Alto Municipal follows: Net tereet Cost 3. 13%. o 13 ; ici fates 229 yifells. Fargo any._ d Assoc 3.23049% '�5c-fist: Comp Blyth'.k Co. Inc. n Sauk is Trust 3.2740090 Fast Weste: Associates Company and.A Bank of erica N. T lk 5• A: 3.27440° and Associates 3.28629° California n and Associates ltoxs Com]Pa''y and 3.34200'/0 R. Mix 3.35348°1+ Associates - tes 3. gaxth k Co. and pssocia 3,36601% n 10 Natiana1_ Bank o � American C,Tocker=A 8 be aca�ep�d' at."the bid of Wells Fargo ended � offered, T rust Company' and Associates, the best bid Trust C F Rl `, i�4r �•Y�n 1V� Resolution No. 3295, providing for the sale of the bonds to Wells Fargo Bank American Trust Company and Associates in accordance with,their bid, was introduced, and on motion of Zweng and Woodward, waeadopted by unanimous voice vote. don :_of ".Taxes iState Pro A request was received from the. State Division of Highways for the cancellation of taxes on a parcel ofproperty at 3200 El Camino Real, corner of El Carni2ao. Real and Hansen Way, designated as Parcel No.: 27825, acquired by the. State from William ,W. Milner `'for ,highway purposes. On motion of Zweng and Bishop, itwas directed that the: taxes on said parcel be cancelled. Cancellation of Taxes: tCounty Flood A request was received from the Santa Clara County Flood Control District for the:cancellation of taxes on certain -: proper.ty. on Sao: Francisge ito Creek, portion of Lot 3, Block 1, Tract 234, Crescent Park, No. ;4., acquired froxxn Irwin B. McMonagle for flood control:purposes On motion of .Zweng. and Bishop, the taxes on said parcel. were -cancelled. (Councilman Davis arrived at this time, 7:40 p. and was present for the rest of the meeting. ) Project 59-1, Sanita"ry .Trunk.. Sewers and Water SuPp Y System, . Foo ls: nnexatnon o. This was the time :for continuance of the public hearing on Resolution-No.3231 of Preliminary Determination and of Intentionfor the construction of i sanitary trunk sewers and a water supply system: in Foothills, Annexation Na. 1-A, Project 59-1. The City Manager made a statement pointing out that the area in question was recently annexed to the City and that there were little, if any, improvements in the area as fax as utilities are concerned at the time of annexation. He noted that the golf .course was under construction, and that there is the proposed development of; the General Telephone project and development of other properties which desire, utility, service. The City Manager advised that the staff had reviewedthe written.'protests and communications which have been received and hadgiven further study to the .project. He showed on a map the out 'lines of the area of primary benefit and the area of secondary benefit, , and advised that the staff has recommended that the area of secondary, benefit be deleted from the project. He noted that a majority of -the owners in a certain portion of the secondary area • adjacent to the area of primary ;benefit have asked that their property be included in the primary area., and advised that if the project;" goes ahead, theengineers would be instructed to make a'Audit :based on their petition with the view of initiating a separate project later. for this " particular area. The City Manager furtherrecommended that certain parcels of property" in the area, of primary, benefit, owned by Kaufman, Yee, Bovet and Woods, and a portion of the Lee property, be withdrawn, from the project. It was further reconu endded by the staff that the asseumentfor water 'be reduced from $285 to $250 per acre, with the understanding $150 of the amount would be a direct assessment; and the balance of $100 would be paid as a connection charge when the property. is : connected to the system. The. City Engineer at this time: presented his report on the project, advising that in his opinion the assessment has been equitably spread in accordance with benefits. The Assistant Chief Engineer of the Water -Gas -Sewer Department discussed the engineering and service highlights of the project, and the Assistant City Manager reviewed the recommended method of financing the project. The. City Manager made a summary statement of the project and the staff, recommendations Resolution No. 3296, Ordering Reduction of Assessments, Resolution No. 3297, Ordering Changes and Modifications and Ordering Division ofAssessmerts and Cash Advance. and Resolution' No. 3298, Ordering Reduction of Certain Assessments and Advances to the Project, were introduced, and on motion of Navis and Mitchell, were adopted by unanimous voice vote. The City Manager advised that no written protests are on file affecting the project as modified. The Mayor read a statement on the purpose of the hear- ing which is two -fold: 1) to determine whether the public convenience and necessity in general require the proposed sewer and water project; and 2) to fully hear any and all protests or endorse- ments of the project from the property owners directly concerned, and from the protests or endorsements and from the tfistimony off the administrative staff to determine whether the properties .within. theassessment district will be benefitted by the proposed improve- ments and whether the assessments have been spread in accordance with such benefits. The hearing was declared open. Dr, Russel V. Lee, owner of a large acreage in the area, addressed the Council, stating that he had not filed an official written protest but wanted to make some comments; that the project is of no use to hz.m as thbre is an ample supply of water and sewage service for the six houses on his property; that he is prepared to pay his share of the assessment without protest for the general welfare and because the ultimate .development of the area will require utility services but wisher4 to make it clear that as far as he is concerned the project is not necessary.. Dr. Lee also advised that he is concerned as to what his position would be if the City's contract for the purchase of the foothills park property should be declared invalid by the Court, noting that this case has not been settled, and that hemight eventually be required to pay assessments for utilities serving that property. He aeiked that action be delayed and that the whole matter' be given more consideration. Mr,- Matthew Stafford, attorney representing Sylvania Electric Products- Company and General Telephone and Electronics Laboratories, spoke in favor of the project and their need for • utilities, stating that they wished gas service could also be made available by the City Mr..:Roger .Williwins representing the Palo Alto Hills Golf and Country Club, _ told then Council that they are in dire need of water and urged that the project proceed. He advised that they would appreciate';. rther pon,sideration of the connection chaxge c pointing out that probably one- third of the "iand: which'they'have under lease would not be -used. -']there :.being no others who wished to be heard, th 1 eaarizrg was declared closed. The City Manager made some additional comment$ at is. approved this evening, this time.. He noted that if the project sl. to get - water- into the the earliest date: at which it could be Stated that ties- staff had been area would be. June,l, :1961. He advised_by counsel that there is no way in which special charges for' land which is not in use. The City Manager: also can, be made" . Lee's feelings in regard to stated that the staff understands Dr. the project and has kept him advised of the progress. He pointed ime mit that the staff has='devoted a great deal ouldo Furth and work the dec lion project and does not knave what -it rests with"the Council. overruling protest. on the. Resolution No,_' 3299. Resolution. of Preliminary ..Determination and of Intention, was, introduced, and on motion:of Mstchel.l, duly seconded, was adopted' by unanimous voice rote.. Resolution No 3390:- . determining convenience and, ineer,' report, confirming assessment, necsity;, adoyrtizfg and, on motiond, and ordering =work and: aequ1.8itions, was introduced, voice vote of I litchell ,duly seconded, was � adopted by unanimous of all twelve council Members ,present. er on the bids the City Manager A report was e made by advising. that: received on November. 7', ;:960, on Project 59-1, around favorable bids were received and that thehe lowb a endere that the 9.7% below the,'E.ngineer's estimate. contracts be awarded as follows. Sectio�e Con t uc on Conipan1 for the construC,71,,ion of the Boronda Reservoir to"Western Emp of Concord in the amount; of; $lOxeservo�r and telezz�.eterS�ng,equi; Section 2 for the tprxient stations, electrical work.. at the of Oakland in the .amount to the Illiderground Construction Company of $87, 379.00; and'Section 3 ,for the construction of the water sewers and other work to the E. T. Haas Company, of Belmont -pipelines,' the sum of $4 $440,229.00. :iii 'Resolution No. 3301, awarding the contracts inaccerd- introduced, ance with the :City Manager's recommendation, , wasied introduced, by duced, and on motion of: Byxbee, duly seconded, was unanimous voice vote. and the Mayor was authorized to execute the contracts in behalf of the City. ltesolution•;No. ,3302, designating Collection Officer, and Resolution No. 3303, determining that the public interest and necessity require the acquisition of easements for sanitary sewers and water- facilities,, were introduced, and on motion of Porter and Byabee, were adapted' by unanimous voice vote. O `ee •Gaffe Watt strict Re sleet toe avoss,..:..°++r ewr� er, ater • ',, Margaret H. Eshn •�-� from Mrs. of Los Altos A letter was receivcd$tr m ATA�aciatio furnish water an ofe the aaffe> eet that _ t i of° Palo Altond to foxes to Chairman a request thatthe City � late fills,- e to presenting District which` they 'Hills. County latex - � in Los Alcoa Imo. service a tcly 2000 acres' der 3�' • ' serve apiPra'�iacaa ,wis E. Iollam 2695 received from that the petition for A letter was also t stating d opposing i fo. �e Altar 1-11118, an water Central repreDrivesents mitterity viewpoint phase: wthe resemt$ a agreement to purchase io Vice y 1 district or formation of any from Palo "Alto. area in question is outside s� rad t° suggested the matter b It �a8 noted that the �' Alto. The Mayor limits of Palo A e the staff for study • that seconded and carried By xbee, . services outside it was moved by Y of riot, furnishing policy the motion. City Council lim continue or eBall voted No on the city' limits • Antonio ,goad 3228 - ,�. Pro „ct 59-4. Sam Resolution No. ; the time for hearing on g to make acquisitions This was tendon. Street itio Determination end of � between Ada of Preliminary vem an Antonio Road betw and d improvements oa-S g�ayect- 59 -�4. that the the :Bayshare . Freeway, eat advising pur sing states whether the The Mayor made as °�' 1) to .determine the proposed hearing is two-fold: general require pose of the and all protests or epee and necessity 2} any public convenience improvements; to bear °wnan directly prof the widening a project frore property from endorsements and the,.protcsts or to determine whether the endoxsexneats o � a� ve staff and administrative edtted bye the concerned: City adxn district will be bem assessments of the tY' eat and whether. the: . testimony - =s; the assessor.: properties dacquisitions improvements proposed aad`�'► with such benefits. have been spread in accordance briefly - and wed the project b project a er:,revie i50, C(�0 to the p The tasty Mat► g was presented tedp ojec e City is to contribute about $ detail and reviewed ' fromadvis+ed. that th The Engineer's report g funds. explained the project in yore as :;tax. edits . he ateex who exp Deed improves City an wings of the prop st of public saps and drawings suggested that im the interest .p Gab man ywe>a.g sugg between San Antonio chain link fence constructed betty matter fence be advised that this no need safety a chasm e r , Ci Engineer felt, there is road. The,City and engis�.eers the: and the n brought 'r staff separately fxorn brought up but the Marshall bad been that emotion was. made by ws s e. fenco:.. it could be considered sep committee but there the -Council wishes A, for th.. projectthe te.e- Go. that the question of.<a fence be Yeferr.+td to a c to the motion.. roseate no secomd t three written p property The Cityr�M�s'gex Melvin �r�ar}� that owner of the pxope have been. filed, one from at 801:, San Antonio Road," one from • Kenneth B. Wilton, 824 San Antonio Road,; and the other from L..:W. Smith, owner of property at San Antonio Rosd and; Leghorn Street. The hearing was declared open, and the Mayor suggested that people in favor_. of the project speak first. Mr. Lucius Johnson, 439 San Antonio Road, told the Council he :is glad the project is getting under way. He referred to a petition filed about three years ago requesting that, a chain link fence be built between. San Antonio Road and the service road, and asked that this be included in the improvement. The Mayor stated that discussion of a fence is out of order at this ;tuneas it is not part of the project, but said that the matter would be referred to a committee. Mr. Gordon Newell, 4115 Mackay Drive, President of Fairfield Homeowners Association, commended the staff for the plans. He suggested consideration be given to extendingthe service road another 100 feet or so, and suggested this be considered in committee along with the request for a fence. Mr. Milton Kells,: 465 San Antonio Road, stated that he was glad tosee that the project, is going ahead but had some questions to ask. He asked about accese to Middlefield Road for persons - using the frontage or service road, and` it was explained by the, City Engineer:: that there will.be access from Byron Street in both directions on San Antonio -Road Mr. Kells also raised a question as to `the. effectof the lighting on nearby residences, and w_as informed that the Engineering and electric departments feel that the effect will be no different from the effect of lighting ixx any residential district. There being no others who wished to speak infavor of the project at this time, the Mayor asked for those in opposition to speak. Mr.. Frank Crist representing Thomas Mitchell, owner of property at 245 San Antonio Road, and. Marco Marenco, owner of property at 145 San Antonio Road, corner of San Antonio and Alma Street, 'addressed the Council in protest to the project and the assessments. He suggested that" people in Mountain View and other communities' who will use the street and benefit from it should help pay for it. Mr. C. B. Currie, an attorney of Redwood City, addressed the Council: in behalf of Beall Greenhouse • Company and other property owners who oppose the project.. He filed, at 9:33 p.m., a written protest signed by John L. Beall of the Beall Greenhouse Company, and written protests signed by a number of property owners protesting the proposed improvements and acqui'itions, the extent of the district and the proposed assessments. Mr. Currie called attention to the Resolution, adopted by the Council on 'September 26, 1960 which contained a, statement that the plans and other documents relating to the project were filed with the City Clerk. He stated that he had asked to see theme documents and the Engineer's report at the City Clerk's office and that they are not on file there now. Mr. Currie asked for a`ruling as, to whether the Council has jurisdiction in view of the fact the report and "other documents are not in the Clerk's office. r.._ -, bx¢�C, >isap, racep$e, '. Ite "_ w. of k improvement 4 ',filed with .. e o ' I. on tip, of t the custody t n► yr. a t) nt interpretation nterpretati fa left may ith� ' ct attorneys a he d u is are filed. ex thee.. �zlia tit �s � dec,�,�a� �,�� where t the provisiou advised e the .. �A tt t the . s public Place sorted Palo Alta clerk" site` �s :. persons.; the the City ►4 deposited ep° , prr Mated the tetraeuts', of Vie' clerkni interested the lest incorporated uses -.Alto x °e �� of a 1 13 that the ado report ►d,` custody a"f a limb ia. od : Code; Clerk"; ;tit the left Me the for ` et►t� , GitY 1r presentedand ,� which, i s lr p the dice of ,,ey.aaxe �xsa.p practice fQe sE „filed et the fir;' d them been t the, woe la ; City ttigin er. 't this bas een Vie. within the CitI Venial s Glex : aA the re p,0004 the but the �� tt� of �� City *� that the theee is no ”filing"; � � api�m`r' resolution of clexk, ' b s a the % Adopt and ed, s` ; ,�,d be ax► hes� he we Guars ,d in s new be r$s'o � ��ari s cti aa• that he hearing setba he aeries office. ur�a� *toted '� the. Currie rie new ale went t° intention 01 0 other W W. Cut e w at happened h.eu he woe: Clerk' s ; reports asked to e Currie see the p=a report *asreport.s and he1100110.01:/t9.urri replied ffices but he . wad god *'e EF.a eer's office to Adopted Clerk's that o to the resolution doP rep c buti he ��. ,l go froxxa the res that the City excerpts 19ba> stating d the ayes :,ae September 2b to axe atins$that a lands, Mr. report on Sept on that da $cxxpr.,i is cation► Council , filed $ aid descriptions e d specifi solurdQa; by �tC�ex g xep°rt.w was, a} ���ed. �'} plans and to the �+s t�t�`a'� of the five . do to be nts t be made pursuant Eu sex x ,lutients fo'Llc►wx��� axbd r'81itg v�saxs�e�tia t° �, Intention; acquisitions and improvements xxxp rim, easements Proposed improvements area c ace n; c with. a Haag of .the 1' a a Y t;� 'as eases a£. f aid qui ttra d also e of : li " is ial exP :. �es in, cornet referred to, of laud s she total costs ek district above refers esubdivisions to,a theothe -passage said of the s assessment ensi e of the respective the a area a t the district x�aion a existed si sxx� ah�"! aeS and t as the same subdivisions proposed a s d ep bo �ar lutio e of which and e} 1tkt be of within.ea►id oars. eac�' diagram; ,Dees of ed s se s of the , totalot r �,pof h.esaicosts ant expenses s of subdivisions ub ated benefits is to r acquisitions a t of the ebts upon the the estixubdivsaki acquisi- tions sep . . of thew tats . improvements e ex eto • 1 amount aC4�sitios�,s and district i respectively, inc- exa ta' d land wi b said viei°a'*, expenses received red b �Gr��hit and �f the ex€> record, oho* that he has pro ie asked that the �;�e and �su� basis �fos, .� Gtr � report �'�` o�ea said then d 40. ate, �'S , ffie� • of �s tlaor°eT • Clerk's A behalf be in s px°test set shout - file b statement.. ie continued vl�,tb bi , city street woo: on ouch l Gri, their ap s of Peap wwider ho e divided Statet San tbG '���' that:if a uld paid bY�ced tat R t a of f ethe tit she t be p cleats, ite ss,id theX. c dequate art to. eke ld �„° a poad - e urip w e t lour den of `pare t that$'ate'o °ttix�g ie c�''s��� dm;.tisat tb ��� �8<r"a'8and �he�c acs ,��+ cca oper"ty a''��: or _ the ous to help pxol lad a stated d throughout o t ox� is ,gat an to help' pay the the same: formula State fr�s ��saedl� stating pro ta't g he fee of; � �._. lldar , �cess�ive. project, �ddlefield. Martin Sweeney, owner at" $Road ,- property and San Antonio of groper o 21 the wank " asj a 6v$ San Antonio Road, . objected the owner corner the work &e much the b,�ected to each P oparr acct fired , The y mere gong , the cost of � letter Indic ��Se.r from whom, property Managerbe Paid -fox; the e that the . the. value of property is i advised ed price -paid th their s d e t: 1that t t .i rilcl';bet acquired cetvresl ovr�ex$ g approved he would he fair I�xty and. they were offered,sathe he la market with a y o t advised brit about the acquisition glad to talkwith the parcels f el of o wats not appropriate of their property and to fxth eaforr property at tie time. �o az7t on for Antonio Road, • �tative however the stated that o a .Borden an Ante an soy thought t hisght co y is in Company, or 762 S melte some �pr�au`ee �Zto aad.e�t, from difficult for their �prove�t; of traffic at lesaatbe ade_ but that their I�'opexty heavy trucks to ss expense. . it provide ,for t better sted w °f � ; Leuw, Rag that she -width C;th+ex and C a her,- used Re stated that hart the'tluali er featu/c tic consultants, beingHe , i.s -a thescion yof. the oad, . such s are satisfactory. and d Paid fob b consider as the landscaping ys ofthe project, y the City's co ; consideration; however : and n tht reduction ntribution these ate of in the: Qc zon would aid if the items are property 'owners' s s my are taken outg assess mostly in the City contribution Council state his objection. thinks the project therm should be- Wales, �� He axe Bonze pr vemerzt but t the rise Road is on the southerly how he isgoiu that the ass ' thinks from Middlefield fiddle ;. . Y side of gam. g to get into essxneut�fs � The city;; ;fine spoke, briefly —' ---__ Is t assessment ke, ei n opposition to the ex: advised that °ez advised the City's was the determination 8. fl he +d'sasAugetet Vicrxa, 791 an costly and tshed�totsixxes� there; hAntonio Road, told the on. Mx• Thomas high; $ame . . . 470-490 S an arrangemQn eldRoad; xxxa tca'rato Road, when his property, which plan he he the divider sinudi as there is no going westerly an bringing would have :go to the interchange was told ;that arcs ��` left -turn pla .ham intePch din n City back., ao8e at ,� g . the... +, that advised that_thse prim southerly of Street and make but they the island is: of sufficient � Prfihe .lac road of s y hadthe left wid cox is a matter would like to see left-hand as Witter of 'et zde for left turns .a the road. Wales said "written At this protest J 27 p.m., Mr. Fr aimed and a Grist filed a the hearingWhere being Henrietta Hurley. '$ des ' others w wished to matter, closed giinee�r. Peak on ' and asked questions which were Council now lee Cma,�s project, answered by the Ci#yed,the A axotioa wr xosolutieu overt, aa� made, by Porter i g.. protests be adopted. second that hat �s Mr. Jones at this time stated that he wished to make the record clear on the matter .of filing.: He asked the City Engineer to state for the record whether all of the items set forth in the Resolution of PreliminaryDeters and of Intention were in fact filed with the City' Clerk on.September 26, 1960. The'City Engineer replied that all the documents mentioned were presented to the Council on that date for filing iwithine City Cleerk, that the Engineer's report was given at that meeting and all documents were here and available at that time. Mr. Jones asked the City Engineer to state for the record also where the documents were kept; in the City Hall„ and the City Engineer replied that they were kept in the office of°the City Engineer. Mr. Jones then asked the City Clerk, to advise the Council as to her response when. any property owners requested to see the documents. The City Clerk reeelied that she told them the documents had been filed and were now physically in the possession: of the: City" Engineer and available at his office for inspection and review. Mr.. Janes asked the. City Engineer; if that has been -the custom in all previous projects, and the City Engineer • replied that, ithas been the custom since he has been City: Engineer, since July '1, 1950. The City Manager remarked that the State and County plans do not provide for the improvement of San Antonio Road,.._. except asa local responsibility. Councilman .Bishop suggested action be delayed until the next meeting so that the suggestions and complaints made this evening . could be Ireinakewed.' Hemoved the matter be continue d to the next Councilmeeting andreferred to Committee No. 1 for review 01 the suggestions The City Manager reminded the Council tbat it will not ;be able •to.;have -a meeting one the next regular date, November 28, 1960, 'because of the American Municipal Association Conference whicha.majorityofthe council members plan to attend, and that a special;.m ceting would have to be called unless the low bidder will grant -an extension of tinn.e or the Council wishes to reject all bids. The=xriotion`anade ley Mr. Bishop was changed to read that the anatter; le continued to the Council meeting of December 12, 1960, and be. referred to Committee No. 1 for review of the suggestions made at this meeting and for further study which -might result in more "econor in in the development of the project. The motion was seconded and passed by the following vote on roll call: Ayes: Ball, Bishop' Byxbee, Giffin, Marshall, Navin, Porter, Rodgers,. Stephens, Woodward. Noes: Mitchell, Zweng. A representative of Freeman Paving Company, the low bidder ,:on the project,' was present and advised that his firm would extend the time in which;: the Comcil could act on the bids beyond the 30 days . now set in the 'spicifications for the project, and would send a letter ,to:this :effect., It was agreed that Committee No. 1 would meet on Monday evening, November 21, 1960, to consider the project. r;• l c 1 (A recess :was taken at this time, 10:50 p.m., and the Council reconvened at 11:06 p.m.) Bids en Parking-•`Lota Proects 55-5 nd 5 a 8-5 A report wan made by the City Manager .on bids received on, this date for the construction of a parking lot on Sherman Avenue, on Lots 15,-ir6 and' 18: Paul Survey (Project 55-5) and for the demolition: of a: building and construction of parking lot on Lots 22 and Paul; Survey.(Project 58-5), with the recommendation that the contract be:awarded to the low bidder, 0. C. Jones& Son, in the amount of $16, 734.08. It was -moved by Byxbee, seconded and carried that the bid of 0. C. Zones & Son be accepted and that the Mayor be authorized to execute the contract for this work. :Agreement with Southerit Pacific re Meadow Drive Crossing The City Manager presented an agreement with the Southern Pacific Company for the widening of the grade crossing at Meadow Drive.' A resolution approving the agreement and authorizing its 'execution`: was introduced, and on. motion of Porter and Byxbee, was adopted;by unanimous voice vote. Bryant and. F.rnerson."Thrciu h Streets at Lincoln The: "City' Managerread a report from the Chief of Police regarding' traffic problems and accidents at the intersections of Bryant Street and Emerson Street with Lincoln Avenue, which he feltwere ofsufficient magnitude to recommend that action be taken to stop Lincoln for Bryant and Emerson. Resolution No. 3304 -Making Bryant and Emerson Streets through "streets at their` intersections with Lincoln Avenue, was introduced and on =Alan: of Porter, duly seconded, was adopted by voice vote. Baylands Develo exit: Proposal, Utah & Construction 2'a CoxJaany. The. Council had continued to :this date action on the recommendation`of Committee'No. 1. for approval of the proposal of the Utah Construction & Mining Company for development of the Baylands, asmodified by the City Manager's recommended" changes, the City Attorney's comments, and points brought out in committee discussion, and'that an;agreesnent incorporating there provisions be drawnup by the City -Attorney for approval by the Council. A motionw,as xriade by Woodward and seconded that the recommenda- tion of Committee No. 1 'be; adopted. During the ensuing discussion Councilman Zweng stated that in his opinion there isreal doubt as to whether the proposal. is the best use for the land Councilman Byxbee pointed out that there is ;industrial and co ni rci.al use of adjacent land in that area, and that the.;: Council, had been planning for the area for several years. Counciixxan'Navas noted: that no other proposals "were,receivedfor the developxnent of the land and it seemed to him the Council` should :setfaome .guide lines. He referred toa letter . to: council members froxn=the City Manager regarding advice and infornation,:frosn real estate firms and appraisers on the`,ralue of eland. `Mr. Navies felt:thatthe proposal of Utah is the best 474 opportunity for;:: development of the . Baylands and in his opinion the uses proposed vs uld not detract in any way .. Councilman Mitchell favored the approval ;of the agreement and stated it is obvious that the land should neverr be used for residential purposes. Several council members, including Bishop and: Stephens, felt the City should, not take.action' at. this tirne on such a proposal, that, the matter should be delayed to see what" ideas and; advice might be given bytheplanning consultant to b " retained for revision of the General Plan. Councilman -Woodward who had moved approval of. the proposal and agreement,, in behalf of Committee No. 1, told the Council member a he felt the Council should proceed with the contract. `` He called attention to the great amount of time spent by Utah and'City representatives on the matter and asked that a decision be'rnade at this time.; After ;more discussion, a roll call vote was taken on the motion as follow; e Ayes:' Byxbee, Mitchell, Navis, Woodward. Noes:. Ball,_ Bishop,- Giffin, Marshall, Porter, Rodgers, • Stephens, Zweng. T2 e_ motion was declared lost. It :was; moved. by Byxbee,seconded and carried that the Utah.:: Construction : & Mining Company be advised that the Council is notinterested in developing the Saylands at this time. Re rt of `Citizens' Advisor Committee on Traffic A report w as ;received from ,Committee No 1 recommend- ing that the report of -the Citizens' Advisory Corxlmittee. on Traffic be; adopted, . A motion was Made by Woodward, seconded by Mitchell , that: the report be adopted::- During :discussion Councilman Byxbee noted that the Citizens' Cornnii t'ee'.s_report does not provide for integration with the De : Leuw, Lather ac ,Company. trafficways plan for Palo Alto. He - indeed that the>reporti be_ referred back to Committee No.; 1 to ,provide .fora sing"le -plan which will offer a suitable solution to the • traffic :.problerns of::Palo:Alte".' The City Manager pointed out that City staff members ' and Jame s.Mey,,er af:.,De ` Leuw Cattier & Company, traffic consultants, were . in atteiada;ac.eat..xneetings of -the Citizens' Advisory, Committee; and in hi s`opinion the recommendations are in order and are not in conflict•with the .De Leuw, Cather plan. They motion was seconded;and carried, and the matter referred back ;to Committee .No. 1. Stopping Lincoln and Kingsley for Waverley A report was received from Committee No. 1 recommending. that Lincoln and Kingsley. Avenues be stopped for Waverley Street,as previously recornmended by the Staff Traffic Committee. ; A resolution making Waverley Street a through street at its intersection with Luicoln Kingsley Avenues was introduced, Y and a.rotion wag made: by Woodward, seconded by Giffin, that the resolution. be_ adopted': A resident of the area told the Council that their spokes- man was called out of town and could not be here this ,evening;,: andfor this reason" they requested pos:tponernent of this matter Until, thee next Meeting or at a time convenient to the Council. re ,."A. xnotioat:was made by Zweng, seconded by Stephens,. that the matter be postponed .anal continued to the Council meeting of Dec.erriber 12, 11960 Gouncil:na;i' Byxbee called attention to the fact thatthe two streets involved, - Lincolneird Kingsley,- ner sleY a dth protection_ in view. 'o£ ,the ,accident record Waverley, and: Councilinan,N:avis pointed, out that there were several Spokesmen at: the cominittee meeting. After some di'scussian,'the znot}on. to continue the matter to December 12, 1960, ':was carrxod� Reference 'was" made" to the request made by Cornxnittee No =3"that the Staff Traffic Co ��teersuggested the r existing fticxa�e ay stop at:Addison. Avexiue,,: and the Mayor report at: the Decexxiber 12th rne:eting. North Palo Alto Water gysrem A report was .received from Committee No. 1 reco rztmend - ing that the Council offer to sell the North Palo Alto Water System to the City of Menlo` Park: for _$60, 000 with the understanding; that the City of Palo Alto would. continue to operate the system until it is entirely paid for." A motion nia.f�.e by Woodward and seconded that the recornme c3 at " 1-..,e atloorcd. Cour.c. i.mar� N:avis.proposed an amen.dxnent to increase the pt•lcc for the system to $70,000. The makers bf-the.xro'i( greed to t.r,e %.rnendxr.erlt., and the amended motion Was carried; Ri kAtrofwwa i. Y Homesites _ �__. A r"rpOrt.was received from Committee No. 1 recommending that the rxss'ing right-of-way way in the rear of Lots 11 to 17, M,ayvx ew Hoxnesites, be abandoned, and that simultaneously steps bet kerA to "acau:ire,a .right- of -way for, street purposes extend- ing from Mayvxew. Avenue in a southerly direction as shown on map submitted bythe Planning Depar tment; artment; that the matter be referred : to the staff for an app ,'opeiate recommendation. as to the procedure fox acquisition of the right-of-way, and that the abandonment of the existing right-of-way be not completed until the new one is acquired.: On motion. of Woodward, duly seconded, the recornsnenda- tion was adopted. Avenue Thstrict Sir. A. report was submitted by Committee No. 1 recomxnend- roval of tae directzon.al sign to be erected by the California xng app .. Avenue.: Area Development °AssoC:lat�.on. on Birch Street at the westerly exit of the underpass r* ceding "California Avenue Shopping Center", in_<accordance ':with recommendations of the City Manager regarding location, installation, costs and maintenance of ;the sign. It -was moved by Byxbee, seconded and carried `:that <the recommendation be adopted and that the Mayor be authorized to execute: an agreement with the California Avenue Area Development_ Association regarding the installation and maintenance of the sign. Public Tzans station S stem A report was received from Committee No. 2advising that it feelsan'adequate public transportation system is a necessity foredo community, and recommending that the : City Manager be authorized to prepare a detailed cost analysis of a municipally owned transportation system, at the level of service envisioned by the Farell report, and submit such analysis to Committee No. 2 for consideration. On motion of Zweng and Byxbee, the recommendation was adopted. Yacht Harbor A report was submitted by Committee No. 2 advising that, after reviewing the proposed lease agreement between the City. of Palo Alto and Santa Clara County covering the Yacht Harbor area, the committee recommended that the City Manager and staff be asked to negotiate further with representatives of Santa Clara County regarding two alternative proposals: 1) that the County use the $400,000 of bond funds on the Palo Alto Yacht Harbor if given a .25 -year lease; or 2) that if the County contributes only $200,000, the funds be _spent in accordance with plans drawn by the City and approved by the County, with the City of Palo Alto retaining control of the Yacht Harbor. On motion d Zweng and Marshall, the recommendation was " adopted. Councilman Byxb.ee called attention to a problem at the harbor and the need for construction of a berm along the channel. He moved that the city, staff be asked to investigate the construction of the berm; and determine the feasibility of building it with city funds in advance of the proposed lease with the County, with the understanding that if the property is leased to the County the City would- be reimbursed for the cost of the berm. The motionwas seconded and. carried. Proposal of William Flatle for Use of Communi Theatre A report was received from Committee No. ,3 recommend- ing denial.' of the request of William J. Flatley, General Manager of Camino ;Real Productions, for the useof the Palo Alto Community Theatre during -the summer of 1961 for the production. of professional summer stock. ; . It was moved by Nevis and seconded that the report be accepted :and the request be denied. At this time Mr. Flatley addressed the Council and feed a letter withdrawing his previous proposal, and requesting study of two matters: -1) full consideration of the suggested rental agreement and implementation "analysis which he has submitted to Committee No. "3 .and the City Manager, in terms of a 1962 summer: AY1°H.Yr 0', -._. 'r'• i �ws.L '�'_'�"Y+7_.�t3:. �^_'Fc. w"d,..1'e ..... Te' �_ S .Tl..':._ - - ' season instead of a 1961. s der season; and 2) authorization to ._ T._.. the. City Manager to explore the feasibility of an alter which he had suggested. Hirt, plan The City Manager advised that he had suggestion tm Mr. �'Iatle that made the the feasibilityst nto of leasing Y ha cansideration height be given to ing to him on a short term basis a parcel of land ad adjacent to - the m that _ aai - unicipal golf' course parking lot' so g proceed to the second or tent stage of his program." On: motion of Nevis and. Stephens, the request of Mr. Flatley was referred to C consideration, °�i�ee: No. 3 for further , and the "City Manager was asked to report to the coniznittee on thealternate plan suggested. done Ch e A licatiax� Grebrneier et al The Council hadcontinued to and action on the .re this date, consideration approval #� report of the Planning Commission rec y a vote of 3 to 2, : of the application o, Rolfolf., amrxieadiag and Mrs. Joseph Grebmeier, ` Rita G •Ralph _€or a change of district from ` C. Sch=aeicler and Ruth Nes je, for Rancho R -1:B -8:A to R -3-G of a portion of: Rincon de San 'rancisquito, known as 4130, 4146 and 4150 "Middlefield Road, A motion was made by Mitchell, seconded by Stephens that the property be rezoned in accordance with the reco tion of. the Planning Commission. Benda. Mr. Gordon Newell, . President of Fairfield ]Borne owners-Asaocaation, upoke on. the subject, opinion this would be spot zoning and'bould be contrait xt his General Pian; that people in the area bought their homes y to" the understanding ,R_1 zonin would be retained, and they req ue tede g no change '. the zoning be made. q �"tcd in Mr, E. P. Ames, _'representing the a given an; opportunity. to speak on the matter. applicant, briefly, pointing. out thdt there was -much business and lcorspoke .,r erc al activity an the:general`area zoning was justified.:. , and felt the. application for apartment Councilman" :Byxbee suggested that any rezoning ia, that area be held up ge proposals for; Plan, in view" of the fact there arepseverali large undevrevision eloped lthe op General Plan, parcels,in the. area. eveloped The vote on roll call to approve the recommendation of the Planning. Commission for rezoning was as follows: Ayes: Ball, Mitchell, Rodgers, . :' Biaho Stephen,, Woodward, Noes p, Byxbee, Giffin, Marshall, Nevis,: Porter, Zweng 1 3182-90 . Middlefield Road A reportwas received from the P'iaii+ing. Commission scion recommending by a vote of 5 to 1, on its own initiative, a change of ;district from R -3-P to%R-.3-G for the Rattaro property at the northwesterly corner of.Middle field Road and ,Loma Verde, Avenue otherwise known as 3182-3190 Middlefield Road. A proposed ordinance, providing for this zone change was introduced, and on motion: of Mitchell and Byxbee, was accepted for first reading by unanixnous'-voice vote. meat scnea s's i Middleti eid 1; off. A report was submitted by the Planning. Commission recommending by ;a vote of 4 to 2, approval of the application of William- H. Best, Jr., for change of district from. R-1 to P -C (apartments) for the:. property at 3176 Middlefield Road and adjoining northerly lot, subject to the following conditions: Develooment<Schedule: Start of construction within 120 days from date of approval. b); Permitted .Uses: For 12 apartment units as. indicated on plan. c) Structures: Floor area: 8600 sq. ft. Height: One: story or 15 feet. Setbacks: As shown on the plan.; Total Lot Coverage: 10, 760 sq. ft or ' ,. 38 14%. pen ;;Green Area Per Unit: 1258 sq.: ft. Landicaping in accordance with established; standards. Driveway and carports as indicated.. Location of 6 -foot masonry wall along back ;row of carports and parking on southeasterly property line. Off-Street.Parking:" 1.2 covered and 3 uncovered spaces as indicated. 1) Signs: in accordance with Sign Ordinance for an ,R -3=G District. The -proposed plans and development schedule were reviewed by the Planning Officer. A motion was made by Bishop and seconded that a proposed. ordinance =providing for the zone change and approving the development schedule be accepted for first reading. The motion! was declaredcarried by voice vote, but Councilman Nevis asked for a roll call which was as follows: Ayes: Ball, Byxbee, Giffin, Marshall, Mitchell, Porter, Rodgers, Stephens, Woodward. Noes: Bishop, Navis, `2weng. A • tative Ma, Waoater:. „ Portion:Let A report was. received, �_.._ .r,ac from the p ap`unanimously pr recommending,end ng, approval; o f en Planning SubdivisiCommisson holap a3pion byA„. the of Lot 54, sub max for a: portion of viaeioz subject to the following: Lot Wooster a) That the street at the axortheasterl tract' be 70 feet w' y end of the wide in 'order to provide the proper radius it the . ihter,sectIQn corner and also to preserve the value adjacent vo ;of the developed ae thi. street by providing property Street: to be improved a tea width in this70-foot right-of-way.p ed to 60 -foot width b) Furnishing easements as shown an red on map. c) Raisiag level of to the: exist lots as necessary to sanitary sewer in provide flow due to its shallow" depth, WelIsbur Y Way, Handling . the 30 -foot flood control along the canal as a dedication. right-of-way Y e) Givitag favorable consideration to providing 10 -foot wal twat' easement to the park ashown. the On motion F'o'rk as shown, xnaFr was a of Afarsha.I.I, duly seconded, Planning - dance with the reco this tentative g Commission PZa g the walkway , with the uiderstandin enda�; h of the refo.atu n to the park would be referred the tParagraph e)f d to the staff Low""* *:■' s,, ania�ouslA report was received x pr an mo of y recofleuding approval the Planning Co C; ;yam.: Pproval of a lot �niasiorx. Street " Wagner on the division fox. the and `East' Charleston southeasterly tre is 5u on Road being - - Y coiner of Aims noon of. the .. 8 a portion of Lot 1, Mor segregationSuvof .Loucks: Tract, payment orJ. furniahin Assess ent No," .subject to. GG",s d g evidence 01. 553P Bond Series �� ,� and weed abatementfurnishing payment of all c , and Iten,�, payable city and county taxes It was uaove.d, seconded and carried that this lot the Planning Commission. division be approved in accordance with the recommendation lotion d l esi a Control tniaiausiA report was received from A recommending re .a m the Plazoling Supan for it' reco m site approval of the Commission3 residence at. ro and: design application of P. ._J.. Colorado ign plans fair a single family Avenue in the_ lt_3:D District. It was rnor'ed. b�. use p aaas be approved,. Rodgers, seconded and c ramie t . dthat Weed Abatement zweememmemessomesesst Resolution No. 3305, declaring weeds to be a nuisance, and ;setting. December 12, 1960, at 7:30 p.m. as time of hearing on the proposed:weed 'abatement, was introduced, and on motion of Zweng, duly; seconded, was adopted by unanimous voice vote. Zone Chane, Portion of Rancho. Rincon de fan Trancis uito 30 -foot strip between at ex s o er an eat eadow Drive Ordinance No. 1984, rezoning a 30 -foot strip of land lying between theweet terminus of Wilkie Way and. West Meadow Drive, portion of the. Rancho Rincon de San Francisquito, from R -3-G toR-1":B-7:A, was given second reading, and on motion duly seconded, was adopted by unanimous voice vote. Zone Cb': - L Kerte Portion' Lot c s ii Seale No. '5, hest <Ba shore Fronts Load Ordinance. No. 1985, rezoning portion of Lot 22, Block 6, Seale Subdivision No. 5, on West Bayshore Road, from R -1 to R-3-G,was given; second reading, and on motion ef; Mitchell, duly :seconded, . was adopted by unanimous voice vote. Claims :fox.. Damages Reports were submitted by the City Attorney. recommending -denial of the following" claims for damages:: Claim of Arthur W. Carlson in the sum of $251, 500 for damages resulting from death of Bertha Carlson. at the Palo Alto -Stanford Hospital Center on July 9, 1.964. • b)' Claim of Steven Douglas Pfarr in the sum.of $556.00 : for.:damages resulting from stepping on a piece, of glass` in the Rinconada Circular Pool. c) Clairrri of Robert. G: -Rockwellin the sus Of $50.-00. for -damage to'automobile ' a remote -controlled,: vacuum..operated.;power antenna alleged to have struck a low overhanging tree limb on Arastradero Road between Page Mill and Alpine Roads. The- Iocation where thy' accident occurred is, some 100 feet outside the city limits. d) Claim of Gale A Arnold in the sum of $20,000 for personal injury and property damage resulting from accident at Middlefield Road and University Avenue on:July 4, 1960, e) Claim. of Kenneth Wee:lc in the sum, of $98.00 for damage towhite-wall'tiree'-from newly applied .tar on El Camino :Way. • f) Claus of Milton D Donovan in the sum of $3,000.00 for sidewalk fall at High Street and Nevada Avenue. g) Claim of Margaret Brindanaour in the sours of $5,544.40 for sidewalk fall at California Avenue and High Street. �.!_.�.,.„ �� - —._._.yam,,... �.t._ ,,,,�.z.�--' 4 81 s d :were The :Gity '!t - der `their contract the i iauraut�ce carvIksed that tkxee c a jj for itraest carrier for Bahr and Ladoyen isapr e the It � . � �► me�.t Project 58_x, was 'aaova seconded City Attorney accepted and ca.T'ried that the r jetted u t��; entirety. that gl1.of $e 'claimsreports of a Re is. t x 1$60 The financial re ltd the. he fin report the C year to date Controller for September was receive' and tiled. The monthly �n t�ctoi'ea Applicationst report of the planning:,of in. ; for lot- Officer on ac ,A►c'Qaz�iaiatr divis�o�s. �d t action � variances and: ini ator on action takem he on$bIy re neepermits, in Otto report .: were received ber on applications and filed. . (( There C being oubci:I,: the g no further bus iness meeting was ad jot rn at 1Z:15 to come befor e the