HomeMy WebLinkAbout1984-05-07 City Council Summary MinutesA
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CITY
COUNCIL
MII1UTEt
Regular Meeting
Monday, May 7, 1984
CITY
oF.
MEC)
FIUTO
ITEM P A u E
ilemenseir
Ural Communications
Minutes of March 19, 1984
minutes of March 26, 1984
Consent Calendar
heferral
Action
Item #1, Ordinance re CN Regulations (2nd Reading)
Item #2, Reroofing of Animal Shelter
Item #3, Park Improvement Ordinance Greer Park
Restroom and Security Lighting
Item #4, Embarcadero Road/East Bayshore Frontage
Road, Improvements
Item #5, increase in Contingency for Terman Site
Improvements
Agenda Changes, Additions and Deletions
Item #6, Bike Locker installations in the Business
Uistriets
Item #7, Finance and Public Works Committee
Recommendation re leas Rate Relief Approval
Item #8, Finance and Public Works Committee
Recommendation re Finance Consultant for Lot J
Item #9, California Avenue Area Parking Study
Item #10, Civic Center Structural Repairs, Award of
Consultant Services, Agreements, and Award of
Construction Contracts for the Construction Stage
Item #11, Undergroundierg ;Christine Drive as a
Condition of Ross Road Development
Itom #12, Consideration of Legislative Proposal to
Create a Santa Clara County Traffic Authority and
Authorize a Half -cent Sales. Tax for Highway
Construction
Item #I3, Request of >Cauncilmember Woolley for
Resolution ilonoring 8i rge Clark
Mayor Klein re June 11, 1984 City
Adjournment: 10:20 p
Council Meeting
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5/7/84
Regular Meeting
Monday, May 7, 1984
The City Council of the City of Palo Alto met on this day in the
Council Chambers at City Hall, 25U Hamilton Avenue, Palo Alto, at
7:36 p.m.
PRESENT: Bechtel, Cobb, Fletcher, Klein, Levy, Renzel,
Sutorius, Witherspoon, Woolley
URAL COMMUNICATIONS
1. Ernest Weeks, 1681-91 El Camino Real, had a copy of his
request made at last week's meeting for serious consideration
of a problem with his property, to which he received no
response, and said he was available to discuss the matter
during oral communications.
Mayor Klein responded to a complaint from the audience, and said
Mr. Weeks .was free to address the Council during Oral Communica-
tions since his item was not on the agenda.
2. Cathy Taylor, 227 Waverley Street, was a Palo Alto resident,
and spoke regarding the Downtown. Park North project and the
need for housing in Palo Alto. The area was moderate income
housing, and she was concerned about saving the homes. The
area ganged since the project was planned, and there were
many new homeowners who might not want a park in the area,
:she wanted to change the plans as they presently stood.
3. Lasana _Taylor, 227 Waverley Street, wanted more information
about the uowntown Park North project; how long they could
stay in the housing; whether a park was to be built; and
when.
Mayor Klein said the Council .could not respond, but a staff member
would respond to there.
4. Christine Rudin, 235 Waverley Street, said regarding the Down-
town Park North decision, she was told the homes were
scheduled for demolition in 1985 to uild a park. The park
petition was circulated in 1980, and ehe facts were distorted.
She lived on Middlefield at the time, and the people who cir-
culated the petition did not disclose the existence of houses
on the block. The petition asked whether condomiums should be
erected or a park put in, and it frightened homeowners in the
area. It should have been clear that there were existing
homes which would have to be torn down and its people relo-
cated. The best use of the land was duplexes or four- plexes
for the elderly on the existing lots between the houses as in
Webster Woods, to create a multi -generation block. The area
was two blocks from a main bus linewhich provided easy access
to four major grocery stores, Stanford Shopping Center, San
kntonio . Center, and it was within walking distance to the
Senior Center. The Human Relations Commission Was looking for
space for low-income housing for the elderly, and the people
of Palo Alto should be able to decide on the issue from clear
and fair facts.
4. Ptah X Si k i Ronald F. Bennett, 524 Middlefield Road, had an
Application to Present a Late Claim Against the City of Palo
Alto, rejected previously because it was filed late.
5. William -Conlon, 360 Bryant. Court, spoke on the proposed Down-
town Park Worth. For two years he and his wife rented in the
neighborhood, and although his house was not scheduled for
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demolition, they planned to hey a house in Palo Alto, and
believed the houses contributed to tree charm and character of
the neighborhood and were important to maintain. They were
familiar with the park and had other friends who used the com-
munity gardens. lts use was limited as a park compared with
the need for housing; the block was fairly small, and years
before, people who played volleyball there caused complaints
from residents. The houses that were there provided social
purpose and charm and were worth keeping.
MINUTLS OF MARCH 19, 1984
Councilmember Fletcher submitted the following correction:
Pa e 4332, last paragraph, second line, change the word "moni-
''"""'tb "monetary."
MOTION: Councilmember Renzel proved, seconded by Witherspoon,
approval of the Minutes of March 19, 1984, as corrected.
MOTION PASSED unanimously.
MINUTLS OF MARCH 25 , 1984
Councilmember Renzel subn:it,:ed the following corrections:
Par a ry4374, paragraph 6, line two, to read "permit similar uses."
Pa a 4387, paragraph 5, line five, insert the word "new" before
MOTION: Councilmember Renzel moved, seconded by Sutorius,
approval of the Minutes of March 26, 1984, as corrected.
MOTION PASSED unanimously.
CUNSEti CALDWAA
MOTION: Councilmember Cobb moved, seconded by Witherspoon,
approval of the Consent Calendar.
Councilmember Sutorius asked to be recorded
1, Ordinance re CN Regulations.
None
Referral
Action
as
voting
"no"
on Item
ITLM #1, URUINANCE RE Ct>t REGULATIONS (2nd .Reading) (PIA 7-9)
ORDINANCE 3533 entitled °ORDINANCE OF TnE COUNCIL OF
PALO ALTO AMENDING THE NEIGHBORHOOD
COMMERCIAL (CM) REGULATIONS REGARDING SIZE OF OFFICE
USES" (l st Reading 4/23/84, PASSED 8-1, Sutorius
1 no )
Il LM #2 , RLRUUF INu OF ANIMAL SHELTER (SAF 3-2) (CMR :250:4 )
Staff recommends that Council:
1. Authorize the Mayor to execute a contract with Roofing
Associates, Inc. in the amount of $18,943; and
2. Authorize staff to execute change orders up to $1,000, if
required.
AWARD OF CONTRACT
Roofing Associations, Inc.
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ITEM
Ft V
PARK IMPROVEMENT ORDINANCE
UnLLn
r l- P F
RESTROOM AND
•
•
Staff recommends that the Cuuncil approve the park improvement
ordinance for the construction of a restroom and security lighting
within the existing developed park.
ORU INANCE FOR FIRST READING entitled 'ORDINANCE OF THE
',WADI ALTO APPROVING AND ADOPTING
PLANS FOR A RESTROOM AND SECURITY LIGHTS IN A PORTION OF
JOHN LUCAS GREER PARK'
ITIM #4, ttmiksARCAuLIW RUA+. ;LAST BAYSHORE FRONTAGE ROADS IMPROVE —
Hit.
s
Staff recommends that Council:
1. Approve a Budget Amendment Ordinance to increase -the appro-
priation for CIP 8;-29 by $90,253, and increase the estimated
revenues for receipt of developer funds. in the amount of
$90,253;
e. Authorize the Mayor to award the construction contract for
improvements at Embarcadero Road/East Bayshore Frontage Road,
CIP 83 -?9, to Anza Engineering Corporation in the amount of
$78,481; d.nd
3. Authorize staff to execute change orders to the construction
contract of up to $11,772 (approximately 15 percent of the
contract amount).
AWARD OF CONTRACT
Anza Engineering Corporatior.
ORDINANCE 3528 entitled 'ORDINANCE OF THE COUNCIL OF THE
ALTO AMENDING THE BUDGET FOR THE FISCAL
YEAR 1983-84 TO PROVIDE ADDITIONAL FUNDING FOR CAPITAL
IMPROVEMENT PROJECT Ho. 83-29 'EMBARCADERO ROAD/EAST
bAYSHURE FRONTAGE ROAD IMPROVEMENTS' AND TO PROVIDE FOR
THE RECEIPT OF FUNDS FROM HOLY ICK, PEARSON AND MOZART'"
ITEM #5, INCREASE IN CONTINGENCY FOR TERMAU SITE IMPROVEMENTS
Staff recommends that Council approve:
1. An additional $10,0}0 contingency authorization to the design
contract with Wilsey and Hams and -
e. An additional contingency authorization of $40,000 to the
construction contract with Saldivar Construction, Inc. -
MOTION PASSED unanimously, with Sutorius voting 'no,' on _Item
#1) Ordinance re CN Regulations.
AGENDA CHANGES, ADDITIONS AND DELETIONS
None - -
ITEM #o, -BIKE LOCKER INSTALLATIONS IN THE BUSINESS DISTRICTS
u
Councilmember Woolley asked whether the bicycle lockers installed
in the down-to,a and California Avenue areas were utilized.
Associate Planner tayle Likens said -the lockers in both business
districts were located at the SP depots. There were 14 lockers at
the university Avenue depot-, and 20 at the -California Avenue
depot, where Caitrans had another 38. They were utilized 100
percent, and a waiting list existed at both locations,
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MOTION: Councilmember Bechtel moved, seconded by Witherspoon,
approval of the budget amendment ordinance to provide funding for
bicycle locker installation and for receipt of funds from the
Metropolitan Transportation Agency.
ORDINANCE 35'29 entitled "ORDINANCE OF THE COUNCIL OF THE
ti t T ur rho ALTO AMENDING THE BUDGET FOR THE FISCAL
YEAR 1983-84 TO ESTABLISH AND PROVIDE FUNDING FOR
CAPITAL !MPROYEIIENT PROJECT NO. 83-30 'BICYCLE LOCKER
INSTALLATION' AND TO PROVIDE FOR RECEIPT OF FUNDS FROM
THE METROPOLITAN TT',ANSPORTATION AGENCY'
MOTION PASSED unanimously.
ITEM #7, FINANCE & PUBLIC WORKS COMMITTEE RECOMMENDATION RE GAS
•
Mayor Klein said the ordinance before the Council differed from
the one attached to the staff report and included changes recom-
mended by the Finance & Public Works (F&Pic) Committee.
City Manager Bill Laner said his response was not contained in the
packet because he was out of town, but it was forthcoming. The
staff report further explained his letter and the factual basis
for the staff and F&PW Committee recommendations. They were for-
tunate rate relief was granted by the Public Utilities Commission
(PUC) It worked to the City`'s advantage, and staff was able to
recommend an increase in the established reserve. It provided an
opportunity to transfer from the Gas Fund to the General Fund an
appropriate amount of money representing about a 12.S percent
return on investment. In previous years the (as Fund ran a defi-
cit and was supported by the General Fund. They were on firm
footing for about a year, and the money would enable the Gas Fund
to expl ore additional gas supplies if necessary, have a good
reserve, and make decent transfers into the General Fund.
MOTION: Councilmember Cobb for the Finance and Public Works
Committee moved approval of the staff recommendations regarding
gas rate relief as follows:
I.
Adopt the budget amendment ordinance providing for the fiscal
year allocation to the Systems Improvement Reserve to be
increased from $0.022b/therm sold to $0.043/therm sold, repre-
senting an increase in that reserve of $725,000, due to rate
relief received January 1, 1984;
2. That the rate relief received in excess of $725,000, namely
$4'5,000, be applied to the General Fund in order to achieve a
12.5 percent return on the rate base for fiscal year 1983-84;
and
Direct staff to indtcate the specific amount of $0.043/therm
in the budget a*endareft ordinance.
ORDINANCE 3530 entitled °1ORD INANCE OF THE COUNCIL OF THE
t t z T ur YALI) ALTO AMENDING THE BUDGET FOR THE FISCAL
YEAR 1983-84 TO DECREASE THE ESTIMATED GAS PURCHASES IN
THE GAS UTILITY AND TO INCREASE THE RESERVE FOR SYSTEM
IMPROVEMENT AND THE ESTIMATED -TRANSFER TO THE GENERAL
FUND IN THE GAS UTILITY"
Councilmember Cobb said the motion transferred a portion of the
additional moneys resulting from the PUC decision to the General
Fund at the rate of 12.5 percent using the City's enterprise fund
method of calculating those transfers, and assigned the balance to
a Systems Improvement Reserve or "SIR,," He noted the change in
the ordinance clarified that the amount of money to go into the
SIR was based upon a rate of $0.043/therm of gas rather than a
specific dollar amount. The Committee discussed whether the SIR
should be open-ended for the excess moneys or whether at some
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point there should be a tri a a er which would result in rata relief
rather than a continued build up of the SIR, and that more con-
sideration should be given if the SIR grew beyond the point neces-
sary.
Mayor Klein asked whether the decision allowed the City's rates to
be lower than Pti&t's.
Manager, Rates A Regulations, Randy Baldschun, said the PUC had no
regulatory j uri sdi cti on over the City's retail rates, and the
Council could make rates above or below those of PG&E. Council
should consider what PG&E might bring up in future rate pro-
ceedings if the City's rates were lower because PG&E consistently
argued that Palo Alto should nut receive any rate relief because
it was at the expense of PG&E rate payers.
mayor Klein clarified if Palo Alto had a lower rate than PG&E, it
would provide PG&E with a good argument to the PUC that the rates
being charged to the City were too low.
Mr. Baldschun said that was correct.
Mayor Klein clarified legally the City could charge a lower rate,
but politically the answer might be no.
Mr. Baldschun said that was correct.
Counci l member Woolley believed everyone wanted to stay within the
intent of the preference clause and that the 12.5 percent return
was reasonable. She asked for a progress update in terms of im-
plementing the Price Waterhouse recommendation that the City apply
a formula based on a reasonable rate of return when making trans-
fers.
Assi star-nt u i rector of Utilities Marc Harris clarified that the
"preference clause" dealt with the purchase of electric power and
had nothing to do with the purchase of gas power.. Eventually,
staff wanted to recommend lowering the City's rates beyond those
of PU&E' s gas utility, but until the City was i ndeper;dent of PG&E
to some extent as a supply source, it could not be done for rea-
sons similar to those previously outlined. In terms of the Price
waternouse Study, staff would make recommendations in the 1984-85
budget with regard to establishment and i mpl ementati on of an ac-
counting system to provide ` ahe necessary data for the full blown
utility enterprise methodology, but until then, the City used its
current accounting records to provide a proxy once in total com-
pliance or consistent with what the private sector used for its
accounting system,
MOTION PASSED unanimously.
ITEM #b, FINANCE ANt) PUBLIC WURK.S COMMITTEE RECOMMENDATION RE
MOTION: Counci_ l ®ember Cobb for the Finance and Public Works
Committee moved regarding the financial consultant for Lot 41,
approval of the staff recommendations to proceed with negotiations
with Rauscher Pierce Refsnes, Inc. and to negotiate with Bartle
Wells Associates in the event an agreement is not reached with
Rauscher Pierce Refsnes, Inc. .
MOTION PASSED :unanimously.
1Tti /3, CALIFORNIA AVENUE AREA
PARK ING
STUbY (PLAN b-3)
Louhci l member Renzel said that during _the.. California Avenue Study
and with respect to potential square footage, Council was told
that under present zoning, about 100,000 square feet could • be
built; and under vroposed zoning with a 2:5 floor area ratio,
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there could be about 20,000 square feet built. The City adopted a
floor area ratio of two, and page 4 of the report said 348,000
square feet office space could be built. She asked to which zon-
ing it related.
Transportation Planner David Fairchild believed it was left over
from the previous drafts of the report which referred to current
zoning.
Councilmember Renzel referred to recommendation No. 3 on page 10,
which said the most recent previous use should be used to calcu-
late parking requirements for current vacant buildings, and new
buildings ready for occupation should be assessed at the lowest of
the optional possible uses, and asked why.
Mr. Fairchild said the recommendation followed the same logic as
used in the downtown solution to the same problem. If the choice
was between two slightly different uses in terms of their Wilbur
Stith parking generation, the one which generated the least was
chosen.
Councilmember Renzel clarified the .assessments took place once a
year, .:;rid figures would be modified to reflect the actual usage as
soon as the building was occupied.
Mr. Fairchild said the formula would be reassessed annually for
all uses.
Councilmember Sutorius said page 21, point 3, spoke to residential
development, and looked to a new formula and financing. He asked
how maintenance would be affected by residential development, and
whether residential development would participate in, any way under
the recommendations.
Steve Casti l l enjo, Attorney with Jones, Hall, H•i l l & White, bond
counsel consultant throughout the process of deriving the new
California Avenue Parking Study, said in terms of maintenance, it
was possible to utilize the new formula dependent on the equity of
handling maintenance for the parking needs. The City had out-
standing facilities within the district which were assessed annu-
ally upon a present formula, and there might be: a change dependent
on the will of the Council for new construction or for application
to the present facilities on an ongoing basis bringing new facili-
ties on-line as built. The potential effect of the Jarvis 3 ini-
tiative was still under study and might put severe impediments
into utilizing assessme'rt financing for maintenance a,t least until
the legal air was cleared in'that regard, but Council had flexi-
bility dependent en how the formula worked.
Councilmember Sutorius referred to pages 29 and 30, the monitoring
process and change of use, and asked if it was intended to be ap-
plied on a case -by -case basis. For example, the use on an exist-
ing building changed and resulted in a greater parking requirement
and greater parking deficiency, and he asked if it would trigger
the monitoring process.
Angus Mcuonald, of Angus McDonald. & Associates the City's consul-
tants, said the change would be on an annual basis, not instanta-
neous. When the assessment was made, it would be on the use which
existed at the time, the the idea that the financial burden would
be continuously self-cor-recti ng. A vacant building would be
assessed on the last prior use.
Councilmember Woolley said page 21 of the report spoke to residen-
tial development, and paragraph three under point 3, said new
development would be exempt from on -site parking requirements for
one-half of the first floor. area ratio. She asked how that
worked, and whether the theory held true if the :development was
not entirely residential.
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Hr. 1'1cuoildld sdid under the consensus recommendation, it held true
under a mixed use or entirely residential development.
counci llaerber Woolley asked if the parking requirements for one-
half of the first floor was based on one space per bedroom.
Mr. McDonald said yes.
Councilmember Menzel said the projections on commercial space ex-
pected to be built in a 10 year period during the California
Avenue study were lower under current zoning than under proposed
zoning, and on page 4 of the report before the Council, an in-
crease of 348,u00 square feet was expected including projects
already approved, but not yet built. About 167,000 square feet
was approved but not yet built, which was much more than previous-
ly expected, and she asked what changed.
Mr. Mcuonal d could not explain the higher number because all ac-
tions were to stabilize or lower projections made prior to the
council's most recent action on California Avenue. If there was a
higher number on the table, he would have to clarify the figure
and get back to the Council.
Stephen Avis, ].b4 S. California Avenue, current president of the
California Avenue Area Development Association (CAAUA) and Chair
of the California Avenue Area Parking Assessment Committee
(GAAPAC) , a citizen committee, thanked the many property owners,
City staff and Angus Mcbonald for their interaction on the deci-
sions which were adjusted, readjusted and eventually finalized
into a consensus. Discussions ranged from long time concerns of
California Avenue property owners to special case situations of
brand new owners of land set for development. The net result was
an approved assessment formula before the Council, and the CAAPAC
received a nod of approval for that formula from the owners of
over 60 percent of the properties to be assessed. The need to
develop additional parking in the district was evident, and with
council approval, through the unique formula, there would be equi-
table means by which .to pay. The Committee members and property
owners in the California Avenue Area Parking Assessment District
requested that Council approve a policy supporting the use of the
new formula and give the go ahead to continue the process to pro-
vide needed parking in the district.
MUTIUM: Councilmember Cobb moved, seconded by Renzel, to adopt
the staff recommendations as follows:
1 e Approve in concept a new assessment formula for the di stri cti s
future bond sales, as described in the April 1984 report by
Angus McDonald and Associates (!The Consultant Report ), and
direct staff a'd the Parking Committee to use this assess rent
formpl a for planning all future district -parking projects;
2. Direct staff and the Parking Committee to explore possible
alternative sites for the provision of new public parking
spaces in the district; and
3. uirec_t staff to enter into discussions with property owners
and • businesses in the assessment district, as -well as with
bust messes i n the Stanford Industri ei Park for the purpose of
establishing a possible noontime shuttle bus service between
California Avenue -area business district and the- Industrial
Park workplaces, as recommended in the consultant report.
1 ounci 1memmber Cobb said he was surprised at ,the sense of ambiva-
lence regarding the Keystone lot, ..and asked Mr. Avis how he saw
the Council proceeding in that area.
Mr. Avis salt! the Keystone lot was determined to be an Important
factor in the California Avenue area because it represented any
parking spaces which were used but not a 'part of the assessment
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district. Sometime, it would be beneficial for the district to
acquire the lot, but the process and time frame ware undetermined.
CAADA spent many months working with Jean Diaz on the process and
were waiting to see how things went. Losing the parking spaces to
development would create a loss of parking spaces presently being
used and would be an additional burden on the district.
Councilmember Sutorius supported the recommendations, but was
troubled by the wording on item #2 to "direct sta ;'f and the park-
ing committee to explore possible alternative sites and to deter-
mine the feasibility of each al ter.hati ve site for the provision of
new public parking spaces in the district." He asked for an
interpretation from both staff and Mr. Avis.
+fir. Avis said one way to provide additional parking was to double -
deck existing parking lots. Sometimes there was a question as to
which lot was best suited for parking, and it depended on noontime
traffic whether it was the end closer to El Camino or the end
closer to Park Boulevard. A couple of smaller lots which were not
utilized as much were also being investigated.
Mr. Fairchild agreed. A critical feature of the wording uas "ne;,r
public parking." A previous justification for the acquisition of
Keystone was because it would be precluded from development and
kept as the existing arivate parking use for the public. The
change in wording implied Keystone as a site for a multi -level
structure, and its preservation as the existing surface parking at
the site was no longer justified.
Councilmember Sutorius interpreted the statement more narrowly
than either Mr. Avis or Mr. Fairchild, but supported their inter-
pretation. To him, ";alternative" meant something else, and he
read in the potential for a narrow interpretation. The potential
existed to identify a s.euation where a smaller lot did not lend
itself to a structure and be subject to trade for consolidation of
another existing lot where the combined size made it appropriate
for some other consideration.
AMENDMENT: Councilmember Sutorius moved, seconded by Cobb, to
change the language in point 2) to read: "Direct staff and the
Parking Committee to explore possible supplemental and/or alter-
native sites and to determine the feasibility of each such site or
combinations thereof for the provision of new public parking
spaces in the district.
AMENDMENT PASSED unanimo-;sly.
Councilmember Cobb strongly believed the Keystone lot had to
become a parking structure. He saw no alternative and wanted to
make it a City policy. He asked staff if the new regulations for
the California. Avenue area would protect the City from losing the
space to development.
Mr. McDonald said with no acquisition protection could not be
guaranteed; it could only be guaranteed through purchase.
Councilmember Cobb was not prepared to make a formal move, but
despite the language added under point (2), the Keystone lot was
important, and to lose it to development and lose the prey nt
parking slots would be a disaster.
Councilmember Renze) asked if staff could procure a long term
lease on the Keystone lot to protect it until the City resolved
whether to purchase it. She asked.if that was done before in any
location with- respect to parking lots, and its cost.
Mr. Fai rchl l d ,said staff could look into a lease. The City had a
third party lease on an interim lot on the Southern Pacific land
next to the Holiday elnn, and although not specifically Mentioned,
the ,possibility was l ncluded in the repertoire. .
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AMENDMENT: Councilmember Menzel moved, seconded by Witherspoon,
to add point (4) to direct staff to explore the possibility of a
long-term lease on the site.
Councilmember Renzel said she wanted staff to explore a lease
mechanism for five to ten years to allow the Council to determine
whether to acquire the site sor parking.
Councilmember Cobb suggested an alternative to a long-term lease
might be to purchase a right to first refusal on it. He did not
know if it could be done without a lease, : but < was interested in
the simplest way to protect the City.
rir. Mcuonald suggested that staff be instructed to take reasonable
measures to preserve an option to acquire the Keystone lot.
louncilmember Renzei agreed that a more general motion was
preferable to consider means by which to preserve the City's
option for possible acquisition in the future.
Councilmember Witherspoon agreed
Mayor Klein said the proposed reworded amendment would add a
fourth item to direct staff to explore all alternatives to allow
the Council to keep its options open to ultimately acquire the
Keystone site.
Councilmember Renzel believed Council should look to acquisition
at some point in the future, but it was not presently the highest
priority. In the interim, she wanted staff to negotiate with the
owner for a long-term lease or a right of first refusal to
preserve the City's option for some reasonable period of time.
Hr. Zaner was concerned that such a motion might send signals to
the owner of the property about possible future City action, which
might have legal implications. The instructions in the reworded
amendment were broad and clear enough and did not signal possible
future City intentions for which it might be held accountable.
AMENDMENT REWORDED AS FOLLOWS: 'ADD POINT (4) TO DIRECT STAFF TO
TAKE REASONABLE MEASURES TO PRESERVE THE OPTION TO ACQUIRE THE
KEYSTONE LOT AND PRESERVE THE PUBL I : PARKING THERE."
AMENDMENT PASSED unanimously.
MOTION AS AMENDED PASSED unanimously.
Mr. Hcuonal d thanked everyone involved in the process, and agreed
with Mgr. Avis that it was long and difficult. He informed the
Council that Ms. Vandertack, who ran his Palo Alto office, had
relocated to New Guinea.
Councilmember kenzel said she was impressed that there was no
opposition to the change in the assessment mechanism. It was a
credit to the people who worked on the consensus.
mayor Klein agreed. It was a job well done by all concerned. He
thanked Mr. Avis and the members of his group for their fine
participation and cooperation.
ITEM tlU., CIVIC CENTER STRUCTURAL REPAIRS, CIP B -27, AWARD OF
t'Va , f C
fit. cOWSTRUC11L`q( STAG (P WK 1=
ui rector of Public Works David Adams said the staff report was
lengthy, but thorough. Edward Ugarte, Supervising Engineer, and
lseor'ge bagdon would answer questions.
•
Vice Mayor Levy said item 7, on page 7, showed a substantial dif-
ference between the accepted bid and the engineer's original
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estimate. He understood a siyr i ficant part of the
the contingency the bidder assumed in having to pe
conditions which made final costs difficult to ga
if there was a way in which the City could assure
by having the bid on a time basis, with the Ci
time put into the work.
Mr. Bagdon said staff intended to explore
the contractor, after the bid was awarded,
way to reduce costs in that fashion.
Vice Mayor Levy asked about the total con
the total elevator installation project.
Mr. Bagdon said for the installation of
out maintenance, staff estimated about
they went to Council. The shuffling o
ifica.tions would cost $365,000 in tot
and installation of the third elevat
for the other work.
Councilmember Sutorius referred to
Engineer Services Amendment, and
=charged for certification:
occurred at the correct site; o
tract,iacluded structural repo
and specifications. Therefore
certify "that each disbursers
actually completed." ::e was
the financing process, but
that did the analysis work
vide( the plans and specif
struction administration.
for construction manageme
accounting, which worke
City's administration
undue ano unecessary ch
Mr. Uagdon said it r
'professional service
done. It was a comp
were not in the pl
certified as bei n
Such changes were
check the work of
Councilmember S
fy that precis
tor, who was
through the
was readily
tional $27,
Mr. Bagdo
20 hours
would co
sure it
pants
referr
tecnn
the
It
vic
difference was
rform work- under
uge. He wondered
e that contingency
ty supervising the
hat possibility with
to see if there was a
ract cost with Otis for
the third elevator, with -
$400,000 the previous time
f the elevators and the mod-
al --$295,000 for the purchase
or, and approximately $70,000
item 2, Approval of Independent
understood the City could not be
a) that the structural repairs
r (b) that the construction con-
irs in accordance with EDAC plans
, the entire $27,000 fee would be to
nt was for legitimate project work
aware of the requirement as part of
questioned paying so much to a firm
over eight years on the building, pro-
ications, and would carry out the con -
There was a contract with Larsen & Son
rat services for work performed and cost
d with and reported frequently to the
lanner and designer, and he asked if an
arge was being assessed.
eferred to 20 hours of work per month for a
to ss;gn off as an engineer that the work was
lex project, and many changes would occur that
ans and specifications, which would have to be
g necessary to complete the structural work.
hard to envision, and the engineer would have to
three contractors during one and a half years.
utorius said the construction manager would identi-
ely and coordinate with the construction administra-
EUAC. The information was being reviewed regularly
process already established. Since the information
available, he questioned the City's paying are addi-
000 for certification.
said it was negotiated over a period of time, and the
was based on the assumption that the construction manager
ordinate the work between the three contractors to make
was done sequentially and least disturbing to the occu-
and users of the building. A-,techni cal question would be
ed to the designer, LUAC, who would look at it from both the
ical aspect -.and whether it would perform the strengthening of
building being funded by the certificates of participation.
would be hard to find another consultant to provide that ser-
e for a lesser cost when he knew nothing about the repairs.
ourici 1 member Sutorius clarified that he questioned the charge to
the organization of $27,000 to certify that thework was :legiti-
mate and properly clone for a building LUAC designed, issued plans
and specifications for, and coordinated with the construction
manager. If it did the full job and was supplemented by the con-
structido management °service and by the City, who .would continue
4 4 9 8
5/07/84
to approve progress payments and control the activities of the
consultants and contractors throughout the project, he believed it
was unnecessary. In the major contract, staff proposed some items
be deleted to reduce costs, but some added items were not proposed
for inclusion, such as the painting of the building, He asked
whether it was anticipated the painting would be done in the
future under a different contract at a lesser cost than that of
the successful bidder, or whether it was removed to keep the costs
down.
Mr. bagdon -said after analyzing all the bids and costs as compared
to the budget, staff preferred to delay the decision. Non- inclu-
sion in the current project did not preclude future work. After
the repairs, staff could decide whether it was necessary to paint
the building, and negotiate a change order or go to a separate
cuncontractor. �� He deferred to the legal department that by signing
the .certification, it meant CLJAC incurred further legal liability
for which the City might have to pay.
Senior Assistant City Attorney Anthony bennettt said there was
some additional exposure because it would certify to the lender
that all work was done. In effect, although they would be working
with the construction manager, they also had to look over his work
in order to certify to the lender all the work was done. The bank
required that an independent engineer make the certification,
otherwise it would not finance. He understood the point, but said
there was also exposure on EUhC' s part for responsibility to the
lender.
Councilmember Sutorius said he understood it was an actual cost,
and hoped the format and process devised to perform the work would
be as expeditious as possible so that on a billed actual cost
basis, it would be considerably less than $27,000.
Mr. bagdon said staff would track all the costs separately in the
project, which would be a job, but which would provide a handle.
MOTION: Counc i l mearber Witherspoon moved, seconded by Sutorius,
to adopt the staff recommendations to approve and authorize the
Mayor to execute the eight items which include Award of Consultant
Services, Agreements, and Award of Construction Contracts for the
Constre_ tion Stage, and authorize staff to execute change orders
during the construction stage.
ADDENDUM
Engineering Decision Analysis Company, Inc.
(Construction Administration Services)
ADDENDUM
Engineering Decision Analysis Company, Inc.
(Independent Engineer Services)
ADDENDUM
Ralph Larsen and Son, Inc.
CHANGE ORDER
Otis Elevator Company
AMENDED AGREEMENT
Otis Elevator Company
CONTRACT
S. . Amoroso Construction Company, Inc.
CONTRACT
Westbay Steel, Inc.
CO$TkACT
Power -Anderson, Inc..
4 4 9 9
5/07/84
MOTION PASSED unanimously
ITEM ail, UNUtkuROUNU1N1 CHRISTINE URIVE AS A CONDITION OF ROSS
Mayor Klein said in contradiction to the title, staff recommended
that an Underground Utility District not be provided.
1
1
Councilmember Witherspoon said the estimates made the cost to the
homeowners on Christine Urive expensive, and asked if they ws;re
consulted in terms of getting rid of the poles at that cost.
Director of Utilities Richard Young said etaf f did not make full
contact with all people involved: There was some contact, but he
was unaware how many were contacted, or their names.
Councilmember Witherspoon asked if the people were made aware of
the opportunity to address the Council that evening to state their
views. She believed $5,000 per household was high because the
Crescent Park costs were considerably less. Undergrounding bene-
fited a neighborhood, and the homeowners shouldhave the option to
say whether they wanted it.
Nr. Young said the option could be pursued to a final conclusion.
Other factors impinged on the item, and the homeowners would be
asked to bear 5U percent of the costs.
Councilmember Sutorius said he also would have asked whether home-
owners were consulted. Future undergrounding would not be cheaper
for them, and there was undergrounding from where the existing
overhead coostruction terminated on Christine Drive at the turn,
and an enlarged district could not be anticipated to include more
residences to lower the cost.
Mr. Young said he was not totally familiar with the area, but if
the job was done, it weuld probably go into Christine Drive itself
so there would be an opportunity to attach from both sides. It
could also pick . up on the other side of Christine Drive. The por-
tion of the right-hand dog leg on Christine going north would have
access to the right side of the street also, which he believed was
still overheaded.
Councilmember Sutorius asked for clarification. After making a
right turn at the junction from Ross onto Christine, there were
seven property owners served by backyard feed from the Ross Road
school site area. At the dog leg and from that point forward it
was undergrounded on the right. He asked if properties could be
picked up at the same time on the left-hand side to reduce the
cost,
Mr. Young said yes.
Councilmember Sutorius asked whether the number of subscribers was
doubled or tripled by including the other side of the street, and
how the project costs shown in the memo for the right-hand side
only might be influenced,
Mr. Young understood $80,000 was for the basic main substructure
area that would be the street frontage. The $1,000 represented
the lateral connections on a privateproperty and modifications to
the individual services such as meter boxes.
Councilmember Sutorius asked for "clarification that regardless of
whether: they chose to put the substructure on the left or right-
hand side of the street, it would cost approximately $80,000 for
both sides
Mr.. Young said although there was some incremental distance to
reach across tie street to the opposite side, it was the basic
cost.
4 5.0 0
5/07/84
Councilmember Sutorius understood t►he logic, but believed
Councilmember Witherspoon's question was fair, and suggested she
make a motion.
co►uncilmember Menzel believed it was appropriate to continue the
item until the Christine Uri ve residents eligible for the under-
grcundi ng were asked if they were willing to 'gay ttie cost. If so,
it presented an opportunity worthy of exploration, particularly if
the new development was also to be undergrounded. It would be a
real asset to the neighborhood.
MOTION TO CONTINUE: Councilmember Renzel moved, seconded by
Klein, to continue the item and for staff to explore reactions of
Christine urive residents to costs involved.
Mr. Young asked if the homeowners on the other side of the street
should be questioned in terms of a larger district, or only those
impacted by the school property change.
Counci l member Renzel said homeowners on the school property side
should first be contacted to determine their reaction .to the
dollar amounts. If the responses were reasonably favorable, the
homeowners on the other side of the street should be approached.
They were close enough so that if they worked on the street to
underground, it made sense to include then. The decisions of the
people abutting Ross Road school might be affected by whether
there were savings in a larger district. After consideration, she
wanted to see the question explored for the whole Christine Drive
district.
Councilmember Witherspoon recommended that the staff report, with
a cover letter from the City Manager or the Director of Utilities,
be mailed to the potential people in the district, explaining the
pros and cons and soliciting opinions. There were presently seven
properties, and she believed 60 percent, or two-thirds of the
people in a district could petition for undergroundi no. She did
not want to extend the district so that the cost-effectiveness was
lost; but it might be cost-effective for the main substructure
service 14 homes if the size of the capacity did not have to be
n`creased. Possibly none of the property owners would want it,
but if she were a property owner, she would like to have a say.
They were lovely homes, and although $4,000 appeared steep, in
proportion to the house value it was not a lot of money.
Mr. Young said he was somewhat unfamiliar with the local regula-
tions, but understood for a local benefit project, certain length
requirements and coverages had to be addressed, and that the
distance involved was still short of that called for in the
regulations..
Councilmember Witherspoon asked if that would be the case if the
other block were included, making two City blocks.
Mr. Young said it was still one block in length.
Mayor Klein said if Council desired, it could waive the rules for
any particular project.
Councilmember Sutorius said he did not believe that would be
necessary. Regulation 18 stated the local benefit criterion ..was.
for the project to include at least one block or six hundred feet.
It was bUU feet as is, and the .staff report said the area met the
requirements for a local benefit project.
Mr. Young corrected himself and said the general benefit had a two
block requirement.
Vice Mayor Levy said he went through several undergrounds ng proj-
ects before, and believed they were of tremendous benefit,
although much controversy wao aroused in the area where it was to
4 5 0 1
5/07/84
occur. there was little understanding on the part of citizens in
the area, and it was not a small undertaking when it got going.
The report indicated that pole removal would be somewhat easier
row than when the school site was developed, and he asked how much
easier, and how much would be saved by doing the work now.
Mr. Young said he cou',d not give an answer in raw dollars at that
point, but in terms of access, the school site was to be cleared
and staff could get to the poles by rolling trucks directly up to
them --it would be a simple, easy access job. Much more care was
necessary when removing poles from a fully developed, landscaped
ground since they could not be laid flat.
Vice Mayor Levy clarified that it applied to the Christine Drive
homes.
Mr. Young said staff was concerned with.. the seven properties ser-
viced by the three poles.
Vice Mayor Levy asked for a guess about how much money might be
saved. It sounded as though it might be a fair amount.
Mr. Young believed the savings would be mostly in time. The
equipment required would be about the same, but if care had to be
taken, the man hours involved would be more.
Vice Mayor Levy said Council was learning that time was ar; expen-
sive commodity.
Mr. Young said with back property service, if the opposite side, of
the road wanted to enter the district, there would still be poles
in their backyards to serve the houses on the other block in the
opposite direction, and it would not be beneficial for the houses
on the other side of the street to join in.
Vice Mayor Levy said he supported the suggestion to investigate
further because he wanted to get a better fix on how the City and
residents might save by doing the work then. There might be
enough savings to warrant the work.
Mayor Klein said the staff report mentioned a cost of approxi-
mately $1,000 per household for the service conversion, and he
heard higher figures from the homeowners in Crescent Park --the
latest neighborhood to have undergrounding. He asked staff to
check on the figure because he heard reports of double and triple
that amount. If the Christine ?)rive people were -to have a say in
the matter, they should be given the most up.to-date numbers
available.
MOTION PASSED unanimously.
ITEM #12, COHSIUERATIOH OF LEGISLATIVE PROPOSAL TO CREATE A SANTA
rrAR -tOUi TY TRAM C-eUTI TTY AND TUTITIOTTE A I LT A.T
Mr. Laner said attached to the memo was information received from
the sponsors of the measure. They asked for a representative from
the Manufacturers' Association, and Miss Dorosin was present to
comment. The measure was to have been introduced into the legis-
lature, and might have already moved through one of the commit-
tees.
tdie Uorosin, a Palo Alto resident, represented the Manufacturers`.
Group, and said spot legislation was introduced on Thursday, which
would be amended and detailed out during May. A meeting for
Mayors and City Managers was held the previous Monday, at which 12
of the;15 cities were represented. A presentation was made of the
research on legal institutional and financial issues and ques-
tions were asked. The Council packet contained a letter which
described the issue and answered questions, but Mayor Klein and
4 5 0 2
5/07/84
Moir. Zaner attended, and could answer questions and give opinions.
she asked for input regarding City concerns, and safd there was a
time factor to get the matter on the November ballot --the Board of
Supervisors had to place it on the ballot by A"gust 10, and Palo
Alto legislation would have to be approved that evening. A poll
of one percent of Santa Clara voters indicated that 68 percent
favored specified roadway improvements, and she hoped each city
would participate.
Councilmember Witherspoon asked whether the composition of the
committee could be changed.
ris. Uorosin said it could be changed, although it would have to be
part of the legislation.
Councilmember Witherspoon said her paranoia stemmed from eight
years of having San Jose run everything the County proposed. Five
County supervisors would sit on the committee, with the Mayor and
two Councilmembers from San Jose, and it would leave only three
places. The project Was limited and the committee would not have
a lot of say; but she would feel better about urging her friends
in the North County to vote for it if the representation was more
broad. It might affect the Transit District and some other trans-
portation agencies, but a little should be given to the rest of
the County.
Ms. uorosin said the message would be conveyed, and it might be
helpful if the Council suggested criteria for the composition of
the committee, or a basis or formula for representation.
Councilmember Cobb shared the paranoia, and was concerned because
the nature of his business meant he often fought traffic and was
careful to go places at the right times because it was unreachable
at certain times of the day. Improved roads would be nice, but he.
agreed with Councilmember Witherspoon that the overwhelming bias
and political power of the new decision -making body would focus in
San dose and areas which approved too much development. Palo Alto
was fighting problems of too much development, and roads would end
up wider for more cars which would encourage more developmeot, a
higher level of congestion, and a circle to its present state.
The power to make the decisions would be vested in those people
who made the political decisions which caused much of the present
congestion, and there was already too much development and much
more than the roads could handle.
Ms. Ooros i n said the concern was real, and as a transportation
planner, she was aware that a new highway generated a certain
amount of traffic, but it also drew traffic away from local roads.
The community concern about commute traffic on local roads would
see some of it go back to the corridors where it belonged. The
County was initiating the Transportation 2000 process intended as
a mid to long-range planning process to incorporate land use, and
consider the land use on the books for all cities, transit and
transportation networks in the County, and come up with some
ideas. Some tough decisions were needed, but she believed the
process would take off and be a forum for some of the Council's
concerns. The Manufacturing Group shared those concerns, and she
planned to attend the Santa Clara Council meeting the following
day regarding an E Inc on additional development. Every city wanted
its tax dollar, but Palo Alto got in early. There was pressure to
reduce development, and she did not believe roads would generate
more development. They would handle existing traffic, and some
additional future traffic. It was seen as a 10 year, one shot
project to improve those roadways already on a highway priority
list. There were no surprises —routes 101 and 85 were on the
planning books for 25 years; and route 237 was receiving federal
money. It might get more money which would reduce the amount of
local money needed.
4 5 0 3
5/07/84
Councilmemher Cobh asked whether Council would be tied to the pro-
posed structure if Council gave, its approval that evening.
Ms. uorison said no. She was soliciting input, and it was appro-
priate for Council to approve everything except the Committee and
its composition; that composition should reflect a certain percen-
tage from the North County; suggest another formula or merely that
not so many should be from San Jose. She had ten days to three
weeks to gather and incorporate input from the various cities.
The intent was a broad based, community supported effort. People
and groups would, do everything possible to achieve a workable
solution.
Counciiri,.:mber Renzel was concerned about the use of u sales tax
which was unrelated to traffic. Once it was ratcheted up, she
questioned whether it would ever be brought down. In view of its
structure, it might automatically drip after 10 years; but, poli-
ticians might present another measure in 10 years to go before the
voters to maintain the current tax rate, and it might go on indef-
initely. She asked if another result was foreseen.
r s.. 0ornsi n said it was a concern, and one reason for looking at a
lu year ".'sunset." ouri ng that time, sufficient money could be
raised by the sales tax to get out of the funding gap which cur-
rently existed for those roadways. The State, by County formula,
would provide from $300 to $400 million over the next 10 years for
roadways, and approximately one billion dollars were needed to
complete the roadways with a l ew extra commuter lanes. By bring-
ing in local money, State money would be freed for other projects.
It was hoped for completion in 10 years and to go back to the
voters. She did not know how to predict 10 years, but it was done
on best faith, and whatever reasonable legislation one could get.
H lot of things were happening which indicated that any move for-
ward to resolve the transportation problem was needed then.
Councilrnember Renzel said Council was being asked to buy into a
"pig in a poke." State legislation was desired, but its exact
nature was unknown. There was a proposal, which Council did not,
completely approve, but if it were bought into, Council signaled
its support for something similar, which might return in a form it
aid not like at all. She was nut prepared to buy into it that
evening, but preferred to wait until it was known what it was
getting into.
Ms. uorosi n asked what Council had to lose by putting the matter
before the voters.
(Gounci lraember Renzel said the point was that Council was being
as%e4 to approve an idea not formulated in detail. Putting it to
the voters was one thing, but for the Council to put its weight
behind the idea before it was formalized was inappropriate. She
was concerned about the regressiveness of the sales tax and the
fact that the poor were hit the hardest, and dollars should be
devoted to transit and alternate means of transportation --not
roadways.
Ms` 0orosin said Counci lmember Renzel wade some good points; but
the legislation would be returned to the Council as it progressed.
It was the best they could do then, but as it firmed up during the
month, a cop; of the legislation would be sent to each city.
Counci 1 member .Renze1 said: t nunci 1 approval would help the legisla-
tion go through, di t„‚ ssi. re she wanted that.
Mr. Zaner said he did oo;,,,_ war:' I'`he Council misled. - 8e' had serious
misgiv► ys about the proposal , _ : : -*?th he and the Mayor attended
the meeting the previous Monday aro_,expressed reservations.` \ He
was most concerned about changing the;representation on the policy
board. h r~e should be no question n anyone's mind --they were
creating a brand new agency, and he was not satisfied he could say
4 5 0 4
5/07/84
what powers the agency would have, and was nut sure whether the
proposed legislation was clear. If anyone believed there would be
a substantial change in the representation of the agency, they
were mistaken. The County and San Jose would have a dominant
voice in the agency-- i t might be changed slightly, but the City
Council should not expect to see great changes in the composition
of the Committee.
mayor Klein believed roads were necessary and liked the idea of a
mechanism to provide them. He was concerned about the haste with
which the proposal was moving forward, and particularly its fail-
ure to be tied to land use controls. Transportation should not be
considered in isolation because it was necessary for consideration
along with land use matters, and he was disappointed it was not
done. It was now enough for members of the Manufacturers' Group
to appear before the Santa Clara City Council with regard to an
L IR . Closely guarded land use controls by individual cities had
to be modified, which item the County considered for more than 10
years, and he did not believe it coxrl d allow any one city to have
a development policy totally at odds with the rest of the County
and expect the rest of the County to pay for the development poli-
cy with vastly expanded and new roads. It was an opportunity to
move more slowly to develop a land use policy, in conjunction with
th
the transportation policy, and have rational thought behind it so
there would be an intelligent limitation on growth, particularly
from Sunnyvale southwards. He referred to what was presently
going on in Santa Clara, and without appropriate controls, in 10
years, Council successors would be faced with the same problem,
and a new sales tax to expand routes 101 and 237 to accommodate
the still larger growth which would have occurred. He hoped ener-
gy would also be expended on a lane; use policy --riot just a focus
or transportation.
Ms. uorosin said it was impossible to expand route 101 or 237 fur-
ther because it would entail the purchase of land on which there
were buildings. In Mountain View a developer took iss'ie with the
City because he was told the City needed to preserve a rig,t of
way, and he wanted to construct a building there. Further expan-
sion of those two routes was unrealistic, although other roadways
might be expanded. She agreed that land use was an issue, and
Transportation 2000 seemed nebulous, but it represented a process
fur the cities to be involved. She regretted the lack of time,
but November appeared to be a window. If Jarvis 4 passed, local
communities would need a two-thirds vote to pass any legislation.
If two years hence they wanted to improve roads but there was in-
sufficient State money, the opportunity for similar action would
have passed. The gas tax would generate $6 million for each one
cent increase and to generate a comparable amount of honey would
mean a 10 cent increase.
Mayor Klein said his. Dorosin made one of his other points. He
believed the main effort of industry and the Counci 1 should be to
defeat Jarvis 4 in November.
Ms. rlorosi n said along with the rest of the State, they would be
interested in beating Jarvis 4.
Councilrnember Bechtel said the Council was being given informa-
tion, but did not have to take a position. It might be more ap-
propriate to do_ so at a later date as things evolved.
Ms. Uorosin said Council might be more comfortable when further
legislation was available, or at some other point, and it was not
necessary to take a position that evening.
Counciimember Bechtel said she frequent•l,y used highways 101 and
280, and some of the worst congestion was in Palo Alto. It was
impossible to get onto 101 after 7:30 a.m. between Page Mill and
San Antonio Road, and she took Middlefield through Mountain View
past Stieriin Road. It meant using Palo Alto and Mountain View
4-5 0 5
5/07/84
residential streets to avoid 101 where the one and a half miles
-from Page Mill Road to San Antonio Road was bumper to bumper, stop
and go, from 7:30 to 8:30 a.m.
Ms. Dorosin concurred. She had commuted to San Jose for 10 years,
and it was supposedly a reverse commute between Embarcadero and
where route 85 started, but on three out of five mornings it was
bumper to bumper.
Councilmember Bechtel said many of the people causing congestion
on the roadways worked in Palo Alto where there were three times
more jobs than housing units. Although Council was rethinking the
amount of growth to be allowed, rezoning and being responsible,
the situation existed, but not housing. People traveled far dis-
tances to get to Palo Alto, and she understood that any improve-
ments on 101, 237 or 280 would be commuter lanes.
Ms. Oorosin said Highway 237 had commuter lanes to be opened in
September; 280 was scheduled to have eight miles of commuter lane
in two years; and commuter lanes were being discussed for 101.
She was not with Caltrans, and made no guarantees.
Mayor Klein said if he understood the proposal correctly, no money
went to 280.
Ms.. 0orosir said that was correct. Route 280 was Interstate, and
eligible for State money. Councilmember Bechtel referred to 280
because it was a commlit?r lane and a continuation of the network.
Councilmember Woolley found the measure to be a creative means of
raising money in spite of Proposition 13. She would have wanted
it used in designing Measure A because she believed raising money
for children's education more important than raising money for
cars to move faster. She believed Council was going in the wrong
direction, and would more enthusiastically support a similarly
designed method to raise money for mass transit. The last comment
about commuter lanes was interesting, and if there were guarantees
that money would be spent to expand or widen the highways for that
purpose, she would support the measure.
Ms. Dorosin said commuter lanes for 237 were on the books, and it
was assumed that commuter lanes were being discussed for 101 -
between Lawrence and Guadalupe Expressways as part of the State
Transportation Improvement Plan. A one-half cent sales tax was
already devoted to transit. light rail was goin5 in and MTC, was
making studies in the Fremont corner and the SP/101 corridor to
consider an appropriate rail system. Caltrans and the other coun-
ties were also involved. She agreed that mass transit was needed,
but it had funding. .The one-half cent proposed tax would be
designated for roadway improvements.
Councilmember Fletcher said it was no secret she believed the pr.o-
posed tax was a terrible idea. The sales tax was regressive and
hit large families, who were usually the poorest, the hardest. To.
say it was impossible to raise the gas tali sufficiently to cover
the cost of roadways was to hide the true cost of driving. It
should .be put up front, to let people know how much it cost to
drive, and would be the best incentive to get people to use and
support mass transit and make it a viable system. There was a
half -cent sales tax for transit, but there were insufficient funds
to install the types of rail lines that would really work. If
sufficient money existed to install a BART system around the Bay,
or even a vastly upgraded SP, with trains- seven minutes .apart dur-
ing midday and f,! r minetee apart during rush hour, adding to the
roadways would be unnecessary. Enough people would be drawn into
the transit to leave the roadways available for -people who found
transit inconvenient. The East Bay proved that people used trans-
it,. and would be required to have double and triple -decked road-
ways if. BART were not in place. Transportation 2000 was about to
get under way, and the Transportation Commission was told that _ it
As Correct e4
would not deal with land use. If the Council approved imposing a -
tax, it would imply approval of the three top projects Ms. Dorosin
explained to her over the phone, which were 237, 85 and 101. She
did not believe the Council went on record as saying it wanted two
extra lanes on 101 --that would put the cart before the horse.
Route 85 was undergoing an alternative analysis to make an objec-
tive decision on the type of transportation for it. All options
were to be considered, and they might decide a freeway was not the
way to go. By implication, approval of the tax meant the Councf l
wanted a freeway there. A rail study was about to be undertaken
by the MTC. The Comprehensive Plan emphasized reduction in auto-
mobile use. The old solution to transportation was no add more
concrete to the highways and freeways, which temporarily relieved
congestion. The developments on the books, plus those possible
due to North Bayshore area zoning, meant more congestion on 101
even with added lanes. They would then be further back unless
money was. put into something with a much higher capacity such as
rail. If the tax went through Santa Clara would be .the only
county on the west coast with a seven cent sales tax, which` would
affect the retail vitality. People would not be drawn to shop in
Palo Alto if they could go across the county line and save a one-
half percent sales tax, especially for the big ticket items. When
she set up house in Palo Alto she bought big items such as a
washer, dryer, carpets, etc. in San Mateo County _whose sales tax
was one-half percent less. Ms. Dorosin said the 10 year
expiration date was not yet written into the legislation, but even
if:it were, building extra lanes, especially commuter lanes, would
require money for the California Highway Patrol to enforce the
high occupancy vehicle use of them. The more money committed to
such lanes, the greater the -term financial commitment to thy'.
long-term
CHP for enforcement. There would also be added maintenance. In
terms of drawing traffic from local roads, more highways would add
more traffic, and eventually drivers would return to the local
roads. People needed feasible alternatives to using roads, and
the make. up of the agency was top heavy with San Jose representa-
tion. San Jose wanted to increase its representation at the
Transportation Commission by four additional Commissioners, and
legislation was introduced in Sacramento to accomplish that goal.
If the agency was established, it would have five San Jose mem-
bers --three Councilmembers and two Supervisors. A drastic shift
would be required for fair representation. Also, that money would
be spent to ban bicycles. On expressways where commuter lanes
were installed, bicycles were banned; and also, 237 would e"en-
tually become a --full freeway and bicycles would be prohibited. If
it went through, she wanted a proviso that nothing be built with-
out assured bicycle access.
NOTION: Councilmember Fletcher moved, seconded by Ren zel , that
the Palo Alto City Council oppose the half -cent Sales Tax.
Ed Meese, 126 Walter Hays Drive, arrived during the middle of the
discvssion4 but emphasized some points made by Councilmember
Fletcher. When he first came to Santa Clara County, Bayshore had
traffic lights, but he never moved faster on it than he did now
during rush hour, which indicated the proposed: solution would be
out of date in 10 years. The only solution was light rail and
BART system "extension, and he totally opposed the proposed one-
half cent sale" tax.
Peter Giles, president of Santa Clara County Manufacturers' Group,
786 East Meadow Drive, heard most of the Council meeting on the
radio. Ms. Dorosin covered most points adequately, and did not
ask Council tb take a position. A number of cities in the County
had the question under advisement, and in each case where he
appeared, the Council took input,, discussed the matter, and
deferred a decision to give the', matter time to gel and be .dis-
cussed. It was a significant regional problem, and his orga.hiza-
tion was supportive and instrumental in getting funds for ;=nearly
4 5 0 7
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Corrected
6/11/84
$500 million of light rail in the County. If the MTC pion went
forward and the Federal Government funded the request, a further
$760 million light rail was planned. The possibility of a BART
extension into San Jose and eventually looping the Bay was excel-
lent. Because of the constraints and the need to serve the east
counties first. BART could not extend into Santa Clara County
within 'e0 years. Tens of thousands of people who worked in Palo
Alto lived in San Jose and further south and east. The average
commute was 40 hours per month, and it took as long to get from
south San Jose to Sunnyvale and the North County jobs as to go
from Stockton during a noncomrrrute hour- It was a serious problem
for the rest of the County. Some good points were made on transit
and the fact that it was not an ultimate solution. Most of the
plans were designed .20 or 30 years ago, but never carried out
because of lack of funds and/or political consensus. It would be
a County -wide self-help effort, and he urged the Council to take
the question under advisement. Staff had insufficient opportunity
to look at it, having received it the previous Wednesday. As a
resident and a representative of the Manufacturers' group, he
urged the Council to register its concerns. The matter was in a
delicate stage, and he believed Palo Alto had much to gain. The
Council should look beyond the City to some of the needs of the
southern and eastern parts of the County. He appreci i ted the
time, and urged Council to proceed with cacti on before making a
final decision.
1
1
Alcos Szoboszlay, 1346 Sierra Avenue, San Jose, said he commuted
by train to Mountain View, Menlo Park and San Carlos. He spoke
against the sales tax increase because it was a direct subsidy to
the automobile driver. The County tried to discourage auto usage,
as was shown by the increase in transit usage and encouragement of
ride -sharing. The proposed sales tax ran counter to recent County
policy. It was not a users' tax as the Manufacturers' Group
saide-it taxed everyone, noncar drivers as well. The
i1anufecturers' Group rejected user taxes such as a gasoline tax,
an automobile registration fee, and an employee tax proposed by
the Mayor of Santa Clara. He proposed a tax be made on employers
in the County based on the number of parking lots to tax those
people directly benefiting from a car commute. A general sales
tax hit everyone, and a ..gasoline tax hit people who only used a
car for shopping. The people who benefited from road widening
should be those who paid for it --the commuters or their employers.
The employers could be. taxed on the number of parking lots, and an
employee who did not use a car to work could be given a refund or
4 transit pass in lieu.
Councilmember Cobb said there was omethine tragically wrong with
a system when a two-thirds vote was required to educate people,'
but only -a 50 percent vote was needed to impose, a tax for automo-
biles. Be agreed with Mr. Giles that no position should be taken
that evening, and that it should be taken under advisement.
During the process, Council should communicate strong feelings to
the people behind the measure to improve on what he considered to
be badly . flawed so the Council could support i t. Proposition 13
passed because people ranted C'to reduce property taxes and did not
see its flaws, but.now they suffered for it and carried. horrible
burdens. `Supporting a flawed measure meant it would return to
haunt the Council. he lived with the traffic on 101 due to the
business he was in far. the last year. At was terrible, and even
elf there were alternative transportation means, the roads would
still have to be improved because of the unbelievable development
In the South County. He urged that a position not be taken that
evening, -and preferred to see if something court be dope to make
the eesenti al improvements, to the roads and cure- the existing
flaws. The structure of the proposed new policy ,entity was badly
flawed —too much ' power was invested In . the wrong place and it did
-not recognize the needs any requirements of some cities such as
Palo_ Al to that were smal 1 er Tbut had to live with the problems more
di red ly. He strongly agreed with Bay -or Kl ei-n that any measure to
improve the roads had to be tied to land use planning with
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5/07/84
restraints otherwise they would deal with the matter again in 10
years at a higher level. de wanted to see investigation of other
ways of finarcing. The sales tax might be partially appropriate,
with perhaps a mixture of sales tax and gasoline tax. Even as one
who used a car a lot, he aid not believe financing entirely,
through a gas tax was a terrible idea. He wanted to see the mes-
sage transmitted so something the Council supported could result
since the roads badly needed improvement.
Councilmember Bechtel agreed it was sad that a two-thirds vote was
required for a school measure, Measure A was approved by a major-
ity, bnt did not pass. She also agreed that Council should review
the matter more closely, and not jump on or off the bandwagon that
evening.
Councilmember Bechtel said she could not set a date on which to
continue the item, but suggested it be in August, after the Board
of Supervisors put it on the ballot.
Hr. Zaner said the rules contained a procedure called "postponing
indefinitely," which meant the i leni (.:uui d be removed from the
table at some future time.
SUBSTITUTE MOTION TO C0P4TIt4UE: Councilmember Bechtel moved,
seconded by Cobb, to postpone the item indefinitely.
Mayor Klein said to postpone an item indefinitely was the same as
killing an item.
Mr, Bennetti said the correct use of postponing an item indefi-
nitely was when the intent was not to vote on an item at all.
However, Counc ilmernbers were free to reagendize items at any
time.
Councilmember Bechtel confirmed that she wanted to move to con-
tinue the item to an indefinite date, and it could be returned at
the appropriate time.
Mayor Klein clarified that Councilmember Bechtel was moving to
postpone indefinitely Councilmember Fletches''s motion for the
Council to go on record as being opposed to the sales tax. Since
under the Palo Alto rule the motion to postpone indefinitely was
the same as killing l ling it, it would leave the decks clear for any
. . � _
motion on the positive side of the proposal to be considered, or
to say nothing.
Councilmember Renzel opposed the substitute motion. She had fun-
damental problems with the concept of using a sales tax to fund
road improvements. It was indicated that road improvements were
already on the maps for future implementation. People now using
the roads were inconvenienced, but because of the difficulties and
slowness in land use controls, and in the absence of a clear indi-
cation that such controls were in effect, she believed in the
long-term people would be faced with the same inconveniences on a
larger scale. She recently attended a regional planning committee
for the Association of Bay Area Governments (ABAG), where there.
was much discussion about Sonoma County which was creating a whole
new town outside current jurisdictions, completely contrary to the
whole idea of consolidating devel opmeot around existing urban
areas. Pressures for such development s occurred everywhere within
county jurisdictions because of the tax problems , which issue was
addressed straight on with clear land use planning. The County
Board of Supervisors was not doing that, and were faced with the
potential of current and faster road improvements with the propos-
al that would only facilitate developments further and further
away. As indicated, people were willing to suffer an inconve-
nience to corae to ,jobs, and vice versa. It was a clear problem,
and she was sure all regional and Palo Alto planning always con-
tained a lot for everyone because of the political process and its
nature. It was full of Compromises, and she did not believe
Council could rely on land use plans currently in effect or in
process to be effective in 10 years. She preferred not to use a
regressive tax to fund an acceleration of road improvements before
she saw land use controls, opposed the substitute motion to post-
pone indefinitely, and supported the main motion.
Vice Mayor Levy said the Council opposed the proposal as contained
in the memo before the Council from.. the ad hoc working group dated
May 1, 1984, and had to find the most effective way of communicat-
ing the Council's opposition and how to proceed. He agreed the
policy board composition was poor; the use of the sales tax for
the measure was wrong; and the construction of more highways, or
additions to ecurrent highways should be tied to comprehensive
planning for land use and transportation. He believed the proper
action would be to go on record in opposition to the specific plan
developed by the ad hoc working group on the Commuter Relief Sales
Tax Measure. The Council should make the basis for its opposition
clear to its constituents and those in :acramento and elsewhere
who were working on it. If they wanted to return, with alternative
ways of solving the problem, Council could then comment. He
agreed that if Council did not go on record in opposition to the
proposal, it might be construed as being in favor, and he did not
want to do that then or perhaps ever. The motion before the Coun-
cil to table the issue indefinitely was unwise, and he opposed it.
The main motion related specifically to the use of a sales tax for
the purpose, and while he agreed that a sales tax should not be
used, if Council discussed the main motion after rejecting the
substitute motion to table, he would request a more specific
motion rather than simply use the sales tax as a hook. The Coun-
cil would want to go on record in comprehensive opposition to the
particular plan from the ad hoc working group.
Councilmember Fletcher referred to the substitute motion, and
reiterated Ms, uorosi n' s remark that the legislation was intro-
duced to the legislature, who awaited the cities' responses. It
was introduced on short notice due to the time factor involved in
the November election, and without hearing from the constituents
of the County affected. A position should be taken then while the
legislation proceeded through its normal course in Sacramento. It
was important to take a stand, otherwise Palo Alto would be listed
as neutral or having no interest. It would carry a much more
direct message to the legislators if Palo Alto took a position one
way Or the other.
Mayor Klein supported the motion, and would support a 'motion to
agendaze the matter in the near future. He was willing to agen-
di ze i t for May 21 or the first meeting i n June 1984, depending on
how things developed. It was inappropriate to hide under parlia-
mentary procedures, and. Council owed it to its constituency to
take a position on an item of such import. It was important to
respond positively and negatively because there was a problem with
the highways, and something must be done. He did not favor the
approach before the Council, but might not always be opposed. He
hoped the Manufacturers' Group and the other proposers would use
the Council's comments to fashion the proposal along the lines
mentioned. He associated himself with Councilmember Cobb's com-
ments with regard to land use, and urged Council to support the
motion, to wait to see what happened over. the next few weeks and
then return the item when Council could hopefully respond more
positively to a bill more in keeping with Pa 1 o Alto's philoso-
phies. .
Couniilmewber Bechtel concurred. She made:: her substitute motion
to postpone indefinitely only because she could not set a specific
date, and it was premature to,,set a date then. The Council should
first get more information and not act hastily. She encouraged
her colleagues to vote for the substitute motion to postpone, and
take a position at a later date.
4 5 1 0
5/07/84
Councilmember Sutorius associated himself with the remarks of Vice
Mayor Levy and Mayor Klein.
SUBSTITUTE MOTION FAILED by a vote of 4-5, Klein, Bechtel, Cobb,
Sutorius voting Faye".
Councilmember Renzel suggested that Councilmember Fletcher reword
the motion to more closely reflect Vico Mayor I Pvy's suggestion in
opposition to the specific proposal.
MOTION RESTATED: Oppose entire proposal
Mayor Klein said the proposal before the Council set up the
authority, imposed the sales tax, set forth the board and which
roads would be built, and he asked for clarification that the
motion opposed the entire proposal.
Councilmember Fletcher said her original motion addressed only the
sales tax because there would not be any authority if the. sales
tax did not pass. It was all tied together, but since she could
not endorse any portion, her motion opposed everything.
Councilmember Witherspoon understood and sympathized with Vice
Mayer Levy's recommendation that Ccunci l at least go on record in
opposition to the three recommended solutions. She believed there
was a problem and agreed with some of the roads proposed for
repair, bet disagreed strongly with the composition of the com-
mittee, and that a sales tax was the right way to go both politi-
cally and philosphically. There were other parts of the proposal
in terns of the process, etc. about which she was uncertain, such
as how long the authority would be in effect and what other jobs
it would take on when it received money and power. She agreed it
was a County -wide problem and probably should have a County -wide
solution. She understood the motion on the floor disagreed with
everything in the report.
Councilmember Fletcher said Council dirt not agree with the spe-
cific proposal, and she did not believe Council needed to go into
every aspect because it made its comments and the message was
getting through to the Manufacterees' Croup, who was part of the
group making the proposal. The trout making the proposal knew
what aspects Council addressed, and she did not believe it needed
to be made i n the moion.
Mayor Klein said Council's reasons were clearly stated if it went
on record in opposition to the proposal.
Councilmember Coop was not satisfied by taking negative action
because ,,Mere was a problem which needed to be addressed. He pre-
ferred that Council say it could not support the proposal in its
present form because of its particular concerns, but recognized
the problem, and wanted the legislature, Manufacturer's Group, and
all concerneo., parties to deal with the issues raised to arrive at
a proposal it could support.
Councilmember Bechtel agreed with Councilmember Cobb that it would
be a mistake to just say no without any positive input. It would
be better to set out the specific problems and to try and get them
resolved.
Mayor Klein agreed with the.. comments made by Councilmembers Cobb
and t..echtel. He would not support the motion because it was pre-
mature, and Council could not afford to put its heads in the sand.
There was a problem in the County which must be addressed more
comprehensively than the present proposal. He preferred that
people have the chance to work things out rather than go on record
in opposition early.
Councilmember Hehzel clarified that the three points raised by
Vice Mayor Levy were the concerns about the use of the sees tax,
4 5 1 1
5/07/84
composition of the board, and land use controls. Sales tax was
fundamental to the proposal because it was the only tax which
could be raised on a 5U percent vote, and it appeared to be'struc-
tured such as to be unappealing to those who found sales tax to be
the wrony taxing mechanism. Council was told by the City Manager
that it was unrealistic to expect the composition of the board to
change in the course of the legislative process. She doubted that
in the next few weks or few years Council would see land use con-
trols enacted that were required. to safeguard an investment that
might be made in expanding the roads,, and - i t was- unrealistic to
expect that Palo Alto would have any additional information or
sanctions to provide the necessary assurances in terms of land use
at some future point to deal with the issue. She believed the
taxing mechanism and composition of the board fundamental to the
proposal were faulty, and she encouraged Council support of the
motion.
Councilmember Fletcher said if the motion passed, other motions
could be made to address the various reservations or new solutions
Councilmembers might have. Next week's agenda would contain a
request for support or opposition to a resolution now going
through the legislature to MTC to conduct a comprehensive rail
study in the corridor, which she believed was the ultimate solu-
tion because it had such a higher person capacity and would better
address the problem in the long range than a few extra lanes on
the highways in the County, plus it was much cleaner air -wises If
Council voteo to oppose the particular plan, there were still op-
portunities to address the problem.
AMENDMENT TO RESTATED MOTION: Vice Mayor Levy moved, seconded
by Fletcher, that the Mayor be authorized to communicate to the
City's legislators and Ad Hoc Working Group that its principle op-
position to the proposal is focused on the policy board composi-
tion, the use of the sales tax, and that the proposal is not tied
to comprehensive land use and transportation planning.
AMENDMENT PASSED by a vote of 8-1, Sutorius voting "no.'s
MAIN MOTION TO OPPOSE ENTIRE PROPOSAL AS AMENDED PASSED by a vote
of 5-4, Klein, Bechtel, Cobb, Sutorius voting 'no."
ig14,141#13, R.QUEST OF COURCILMEMBER WOOLLEY FOR A RESOLUTION
hb ' IS i K L L AR1C-711=3'' `
Counci 1 member Woolley said Mr. Clark made outstanding contribu-
tions both as an architect and as an historian:. Palo Alto had
nine properties on national register, and three were designed by
dirge Clark. No other architect in Palo Alto could make that
claim. As an historian, he produced documents on College Terrace,
Mayfield, Kathleen Norris, and Lucie Stern; and was generous about
documenting i nforma ":ion on the owners and circumstances of the
commercial buildings which he built. It was appropriate for the
Council to honor the Palo Alton whose work was so much a pert of
the City's fabric.
MUTION: Councilmember Woolley Moved, seconded by levy, that
staff be directed to prepare a resolution declaring June 5, 1984
Bi rge Clark Day.
NOTION PASSED unanimously.
MAYOR KLEIN RE JUNE 11, 1984 CITY COUNCIL MEETING
Mayor Klein commented on the possibility of moving the City Coun-
cil meeting of June 11, 1984 to June 12, 1984, to allow as many
Councilmembers as possible to attend the League of California
Cities meeting on June 11 and 12 in Sacramento. he believed those
meetings were important and urged as many Councilmembers as possi-
ble to attend. Two items scheduled for discussion were financing
of local governments and Jarvis 4.
4 5 l 2
5/87/84
ALJJOU UMLUT
Council adjourned at IU:2U p.m.
MTTL ST :
APPROVED: