HomeMy WebLinkAbout1979-07-23 City Council Summary Minutes1
Regular Meeting
July 23, 1979
ITEMS
Minute of June 12, 1979, and June 18, 1979
Oral Communications - None
Consent Calendar - Action Items,
Tennis Court Resurfacing Mard.Of Construction Contract
Rear Line Clearing --Tree Contract
Master Social Worker
Express Findings ror Arendments To 1976 Edition of
Uniform Building, Plumbing, Mechanical, And Housing Codes
Fire Agreement
Grant Applications California Energy Commission --Budget
Amendment Transit Infon t1on Center
1830 Cove r/458 Tennyson Streets
Preliminary Parcel Map Application
Of Karl Johnson and Elaine Andersen
170 Lowell Avenue Miscellaneous 01vision of Land
Application of Gabe Nasr
400-412 Pepper Avenue Final Parcel Map Application
Of Paul E. _Now+ack .6 Associates
2197 E. Bayshore Charge of District Application of
William See a l er
Subdivision Ordiance Planning Commission Recommends
Resolution of Appreclation To George A. Sipel
• gees sir ..taring: iPlkfi i! Rac-coisoc-A44-Approval
w a
mendments
Baylands--P1aining Counbssion and Architectural Revisal Board
Recommends Re Baylands Sculpture By Richard Shirley
2525 Waveriey--V acation For Change Of District by William
McKaig
Stanford Industrial Part/California Avenue —Southern Pacific
Shuttle Service
Appointment of Acting City Manager
Two Nei Street Names
Public Hearing: Underground Utility District 20
Request of Cou il r Fletcher Jibe fro Pacific Commute
Services
PArE
29
30
30
31
31
31
31
31
32
32
32
32
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33
ITEMS cont'd
PAGE
Requesting Councilmember Fazz no Re Stanford Gaily q,
Councilrnember Brenner Re South Bay Dischargers rI
Oral Communications & Adjournments 52
Regular Meeting
July 23, 1979
The City Council of the City of Palo Alto met on this date in the City
Hall Council Chambers at 7:30 p.m., Mayor Henderson presiding.
PRESENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson,
Levy, Renzel, Sher, Witherspoon
ABSENT: None
Idi 1ITES OF JUNE 12. 1979
MOTION: Councila er Fazzino moved, seconded by Fletcher, that Council
approve the minutes of the Executive Session of June 12, 1979. The
motion passed an a unanimous voice vote.
MiNTES OF JUNE 18,_ 1979
Councilmember Fazzino asked that the last sentence of the seventh
paragraph on page 726 read instead: "He wondered if not charging fees
for guests of residents would be a problem."
;ouncilrnnber Fazzino asked that on page 719, the thirteenth paragraph
read instead: "Councilme ber Fazzino said he thought Councilmember Sher
was correct in that Council did not see ...too many contracts in the
course of a year. . . . He thought it important for Council to continue
to be accountable for the City contracts in public sessions. He agreed
that a smaller and incremental increase in the maximum level should be
approved by the City Manager and recommended by the Committee He said
he would continue supporting another 25 percent increase in 1982."
Councilmember Fazzino asked that on page 735 the following sentences
be added to the fourth paragraph: "Councilmernber Fazzino agreed that it
would be unfair to rush the election procedure. The new Councilmembers
should participate fully ;n the process."
MOTION: Councilmember Witherspoon moved, seconded by Fletcher, that
Council approve the minutes as corrected. The motion passed on a unanimous
voice vote.
ORAL CO NICATIONS
rt AiCr,,1T rA teas&s
e.a 1..... s' VL
Referral_ Items
None
AAtian- Its
Counciimember Levy asked that the item concerning street nay be moved
from the consent calendar,
The fo1 l owi ng 'items remained on the consent calendar:
TENNIS COURT R F
(CMR:3 :9)
Staff recommends that Council authorize. the Mayor to execute a construction
contract with Melon i Peterson Grundy Compiny in the amount of $33,507
for the tennis court resurfacing project and alternates 1, 2, 3 and 4;
and to expand the contract to include resurfacing work on motional
City tennis courts. The total sa* the pmt, including change
orders, is not to exceed the authorized amt : of $46AO.
30
7/ 79
CONTRACT--Maiott and Peterson Grundy Company
REAR LINE CLEARINGS -TREE CONTRACT (CMR:357:9)
Staff recommends that Council 1) award the bid to the low bidder, Pied
Piper Exterminators, Incorporated, in the amount of $89.440 and 2)
authorize the Mayor to execute a contract in that amount. -
CONTRACT --Pied Piper Exterminators
MASTER SOCIAL WORKER (CMR:346:9)
Staff recommends that Council authorize the City Manager to sign a
purchase order in the amount of $9661, payable to the Department of
Social Services, in keeping with the expenditures, at thorized In the
current budget and Councils action for funding during 1979-80.
"EXPRESS FINDINGS"_ FOR AMEMMENT§
tIIslILIN U
.11'. ..11M8ING ME
Staff recd nerds adoption of the resolvtion adopting the findings.
RESOLUTION 5713 entitled RESOLUTION OF THE
COUNCIL OF THE CITY OF PALO ALTO ADOPTING
FINDINGS FOR THE 1976 EDITIONS OF THE UNIFORM
BUILDING, MECHANICAL, PLUMBING AND HOUSING CODES.
FIRE AGREEMENT
Staff recommends that Council approve the memorandum of understanding
and resolution adopting a compensation plan for Fire Department personnel
se that provisions of the memorandum may become effective immediately. A
resolution adding the memorandum of understanding to the Merit System
Rules and Regulations will be prepared and presented for approval at a
subsequent City Council meeting.
RESOLUTION 5 714 entitled RESOLUTION OF THE
CCtI F h CITY OF PALO ALTO ADOPTING
A COMPENSATION PLAN FOR FIRE DEPARTMENT PERSONNEL
(EFFECTIVE OCTOeER 1, 1978) AND RESCINDING
RESOLUTION 5332.
IHORNIA. ENERGY
Staff rends that Council find that no significant environmental
impact will result from the proposed project; authorize the M! or to
execute the agreement with the California Energy Commission when that
agreement is in final form; appr oee the . budget amendment ordinance.
ORDINANCE 3140 entitled ORDINANCE OF THE
COUNCIL . 5F THE CITY OF PALO ALTO) AMENDING
THE BUDGET FOR FISCAL YEAR 1979-80 TO PROVIDE
FUNDS FOR AN "ALTERNATIVE MODES USER INFORMATION
Pte" AND TO PROVIDE FOR THE RECEIPT OF -
GRANT FUNDS FROM THE CALIFORNIA ENERGY COMMISSION.
STET APPLICATION —CALIFORNIA ENERGY COMMISSIOw..-
AWARD OFCONTRACT—State of California
31
7/23/79 -
1
1834 CONPE 453 iENNYSON STREETS
IPPLICATION or KARL, Mimsom AND ELAINE ANDERSEN
The Planning Conrission unanimously recommends approval of the application
of Karl Johnson and Elaine Andersen for a Preliminary Parcel Map for
property located at 1830 Cowper and 458 Tennyson Streets.
RESOLUTION 5715 entitled RESOLUTION OF THE
C JII 0 THE CITY OF PALO ALTO APPROVING
THE MISCELLANEOUS DIVISION OF LAND AT
1830 COWFER/458 TENi1YSON STREETS, AND
GRANTING AN EXCEPTION.
70 LOW LLAVENUE
ISI04 OF LAND
The Planning Commission unanimously recommends approval of the application
of Gale Masr for a preliminary parcel map for property located at 170
Lowell.
RESOLUTION 5715 entitled RESOLUTION OF THE
CECIL OF THE CITY OF PALO ALTO APPROVING
THE MISCELLANEOUS DIVISION OF LAND AT 170 LOWELL
AVENUE AND GRANTING EXCEPTIONS.
400-412 PEPPER AVENUE
rrur mrtTrif -
OTTITATIDN7T—PAuL E. NQWACK & ASSOCIATES
The Planning Commission unanimously recommends approval of the application
of Paul E. Nowack & Associates for a final parcel map for property
located at 400-412 Pepper Avenue.
The Panning Commission, by a 5-0 vote, one not participating, recommends
approval of the application of Holvick Trust for a change of district of
property located at 2197 E. Bayshore from LM(D) to P -C.
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 18.08.040 OF THE
PALO ALTO RINICIPAL CODE (THE ZONING MAP)
TO CHANGE THE CLASSIFICATION OF PROPERTY
KNOWN AS 2197 E. BAYSHORE ROAD FROM LM(D) TO P -C
(1st reading)
_NO LOSTR--
SITE A _? T!+ !E
SEETHAL
The Planning Commission manimously mends approval of the application
of William Seethaler for Site & Design review for property located at
830 Los T rancos . _
SIGN ORDI
352:9)
The Planning Commission unanimously r=ycaamends the adoption of the
Subdivision Ordinance.
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO REPEALING TITLE 21 Of THE PALO ALTO
MUNICIPAL CAE (SUBDIVISION ORDINANCE) AV
ADOPTING G A NEW TITLE 21.
(1st reeding)
32
7/23/79.
MOTION: Councilmember Renzel moved, seconded by Sher, that Coonc11
approve the ordinances for first and second readings, adopt the resolutions,
authorize the Mayor to sign the contracts, and approve staff recommerdations
on the Consent Calendar. The motion pasted ca a unanimous voice vote.
RESOLUTION OF APPREC IAT�,I i
Mayor Kenderson said "This is a resolution of appreciation to Mr. George
A. Sipel, and before we present the resolution I'd like to say a couple
of words. This is George's last meeting as the City Manager for Palo
Alto. I have the unique distinction of being the only current councilmember
who was a rimer of the Council that selected George for City Manager in
1971. 1 recall that prior to the interview most of us were a little
skeptical of George's chances because we were looking for a different
management philosophy than the one prevailing then at City Hal., and
George had been a key element in that management. George erased all of
oar doubts at the interview. He convinced us that his personal management
philosophy was right in line with ours, and he had the enthusiastic,
unanimous vote of the Council. I am happy to testify that George has
been all that it apeared ha would be at that time. I'm sure that we
all have many examples that we can give of his special contributions to
the City. To me there are two areas especially that stand out beyond
the general facts of George's high level of intelligence, his dedication,
and his enthusiasm. George has a special ability to recognize talent and
to convince talented people that they should come to work for hire. No
City has a finer group of top tanagers a3n Palo Alto, and that is
George's doing.
"In addition to bringing these top people to Palo Alto, he has merged
theme into a management team that uses all of their talents and abilities
across departmental lines, and he's brought these managers and other
staff people into direct contact with the Council and the public. The
new City Manager will receive the legacy of an exceptional group of
managers and staff, and a City that is in excellent financial and physical
condition. George saw the City through many difficult situations:
disruptions in the early 70s, lawsuits on Foothill property, difficult
negotiations with the unions alone. the way, the challenges of Proposition
13, and many more.
"Through it all I've found George to be a top professional, sensitive,
and a fair administrator of personnel, a deeiicated hard worker, and, not
the least of all, a person with a sense of humor and calm manner that
made all our tasks easier.
"I've appreciated your efforts, George, and I've enjoyed working with
veu► _ ra ' ai._t_,..;�5_......_.S7_aL.-�_.i 1,. _.,� r,..:.,__ ,�a� _ _a od- --
„ Neo } ...�.:.. o w wag. spades i t WPC be3 U f ii yruiji i idtb3it_C etruc't2tl41[--'.,►, «(tJt j m sure
they `- l l e l l be very succees s ful .
"Maybe we should read the resolution, if you want to, then we can move
it:
nr tatl,s. wea...�e f -
L'! !• Y3 .9 1 ] r [ f�i i L i T. off ➢fie ��l�� i =e O! f !d l / r
CO CIL THE CITY OF PALO ALTO COMMENDING THE
OUTSTANDING PUBLIC SERVICE OF CITY MANAGER -
GEORGE A. SIPEL
33
7/23/79.
"WHEREAS, George A. Sipel served the City of Palo Alto for fourteen
years as Administrative Assistant, 1963-65, Assistant City Manager,
1967-71, Acting City Manager, 1971-72 and es City Manager 1972-79; and
WHEREAS, George A. Sipel has given unselfishly of his time and
talents to provide effective leadership on behalf of the total community;
and
WHEREAS, through the efforts and contributions of George A. Sipel,
the City continued to occupy a position of eminence in terms of the
quality of service provided to its citizens, and
WHEREAS, the City of Palo Alto desires to recognize the
meritorious service of George A. Sipel,
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of
Palo Alto hereby emends the outstanding public service of George A.
Sipel and records its appreciation as well as the appreciation of the
citizens of this community for the service and contribution rendered
during his employment with the City."
MOTION: Councilor Fazzino moved, seconded by Sher, that Council
adopt the resolution commending the public service of George A. Sipel as
City Manager. The motion passed on a unanimous vote.
Mayor Henderson presented Mr. Sipel with the resolution, and also a
plaque bearing the seal of the City of Palo Alto, and Mr. Sipel's name,
"George A. Sipel." Mrs Sipel said, "I've spent all weekend thinkingwhat
I could say tonight, and I could only come up with a few brief notes.
►`This is a familiar place to me because I think that
meeting as a member of the staff in the Ctt; council
started out I was 6' 8", 260 pounds; I'm now 6' 3", 1
in better shape and hope for a longer life, but I thi
government will sometimes do to a person.
this is my 500th
chambers. When 1
60 pounds. 1 feel
nk that's what City
"This has been a place of joy and frustration, it's been one of pleasure
and pain, and I think one of Growth and development, for me, members of
the staff, and I think, hers of the Council as well. While the Council
ratings have not been day favorite thing, personally, that doesn't
diminish the importance of what goes on here every Monday night.
"i got into this business about 17 years ago because I thought I could
make a difference in public service, and I think, with due modesty, that
-I have, and it's time for me to move on to something else, and 1 appreciate
the support that I've received from the Council, the co mity, and the
staff, because I think you've helped to make my accomplishments what
they have been, and I really thank you for it.
o_ the members of the Coun :11 , "jsou" have one job that I really wouldn't
want to have. 1 adsire you far doing -it--for taking it on, and I only
w sh that the public had a little bit better feeling for the contribution
that each and every one of you, and your families, are inking to this
community.
I of nk you for for your recogniticm of meWeight, and I appreciate the
opportunity to have served the City for fourteen years. Thanks very much."
Mayor Henderson said that Mr. Sipe1's duties were not yet completed --
there were about fifteen more items on the agenda to be dea 1 t with
before Mr. Sipel`s final meeting at City Council was ended.
PUBLIC HEARING: PLANNING COMMISSION
hECOMMENDS APPR+ � F ► �wi r.
Mayor Henderson declared the public hearing open. He said he had no
cards from the public wishing to be heard on the matter. He asked if
there were any comments.
Hearing none, Mayor Henderson declared the public hearing closed.
MOTION: Councilmember Witherspoon introduced the following unanimous
recommendations of the Planning Commission, and the resolution that put
the recommendations into effect, and, seconded by Renzel, moved their
approval and adoption by Council:
a. Change 4229 McKellar Lane from Multiple
Family Residential to Single Family Residential;
b. Change 2143 and 2145 Park Boulevard froii Regional/
Community Commercial to Single Family Residential.
RESOLUTION 5718 entitled RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO AMENDING THE PALO ALTO
COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE
CITY OF PALO A TO.
The motion passed on a unanimous vote.
BAYLANDS--PLANNING COMMISSION AND
XRCNITECTI! . K ; V','R RECOMMEND
rtmtrimrszttrirtr
FRB
The Planning Commission, by a vote
Board, by a vote of 2-1, recommend
Shirley for Site and Design Review
of 5-1, and the Architectural Review
approval of the application of Richard
of a Beylands sculpture.
MOTION: Counci imember- Fletcher, seconded by Witherspoon, moved that
Council approve the Planning Commission and Architectural Review Board
recommendation for site and Design Review.
Councilmember Witherspoon asked if the financial problems and permission
to use a crane for construction had been resolved.
Richard Shirley, 805 Colorado Avenue, replied that Scott Carey was
liaison between the donor of the use of the crane and Mr. Shirley. Mr.
Shirley said he thought everything was ready to move ahead.
Vice Mayor Sher said he did not want to prolong discussion on the matter,
but he wondered if the project_had_heen reviawad the nit..,,, visual
Arts Jury (vA,J).
Mr Shirley _ said -that a one-half-years-
.e _ bout' one and one-half yi firs-- ago he had tasked to
an arts council on the third floor of City Hall; the group had glv;n
unanimous approval to his design. He had no docutisntation of that
approval and he did not know just which group it had been._
Roy Abrams, City Attorney, said the project would have to go
to the
Visual Arts Jury for approval. There would be a park dedication ordinance
and a maintenance agreement yet to come. VAJ worked independent of the
Council, as stated in the Palo Alto Municipal Code (PAW). VAJ's review
did not extend to where the structure was to be placed. Once the: construction
of a sculpture was approved by Council VAJ did tot have -author'i ty to
reject it, but VAJ could require modification of the design.
35
7/23/79
Vice Mayor Sher said that the VAJ was
view on the proposed sculpture should
Council could respond to any possible
Mayor Sher continued: had the matter
to the City Attorney's satisfaction?
a council -appointed body, and its
be sought. He wanted to make sure
problem VAJ might have. Vice
of potential liability been resolved
Mr. Abram said that those agreements still had to be resolved. At the
time the proposed project came before VAJ there would be a requirement
for indemnification to the satisfaction of the City, which the City
Attorney's office would take care of at that time.
Vice Mayor Sher said that some observations had been made about the
_stability of the land where it was proposed to place the sculpture. He
assumed that that also would be resolved before Mr. Shirley proceeded.
Mr. Abrams said that eats true. He read a passage from PAMC in confirmation.
Vice Mayor Sher said, "We don't have to say anything about any of that
in this action --we approve it and we can just rest assured that you'll
take care of all of those matters, and that nobody is going to sue us if
it falls down or somebody falls off of it, or anything 1 i ke that. Is
that right, Mr. Abrams.?"
Mr. Abram replied, "The code requires the City Attorney's office as
well as other offices of the City to pass en as much liability as is
possible. In that sense we consider it a demand upon us to do so."
AMENDMENT: Vice Mayor Sher moved, seconded by Witherspoon, that in the
event that approval of the proposed sculpture is not received from the
VAJ the matter should return to Council.
Councilmember Witherspoon said she thought VAJ had the right to accept
or reject a work of art, on behalf of the City. Therefore she thought
VAJ could reject the proposed sculpture.
Mayor Henderson said that if Councilor Witherspoon's assumption were
true the VAJ had more power than the Planning Commission, if VAJ could
reject an action that had been approved by Council.
Mr. Abram said he read the ordinance as having been established to use
City funds, and so Council's authorization of the use- of City funds
determined that the project could go forward. He said he thought that -
the perpeee of t e VAJ was to apply certain standards regarding appropriateness
of design and site, and also to guarantee continued maintenance of the -
artwork as well as perceive the liability or absence of liability of the
Artwork to the City. Council had delegated authority to VAJ on these
matters.
-A0CMDMENT PASSED: The amendment. nt, that in the event that approval of the
proposed sculpture is not received from the VAJ the matter should return
to Council. passed on a unanimous vote.
MAIN MOTION AS AMENDED PASSED: The main motion, that Council approve
the i�i�4f9��FseersYs of ®�w6....i Ei.�...�.... i_� e�ia_ � w_s-- Review
_ -- of
e p • . c.s.. on Richard cseai d Shirley for Sit a,9id pe$i ii ReviP:w a
Baylands sculpture, as amended, passed on a unantaous vote.
The Planning Conmissio&a, by a 5-0 voter one abstention, recoim,ends
aPProval of the application of William NcEatig for a change of district
of property located at 2526 Waverly from R-1 to R-2. _
36
7/23/79
Mario Sanchez, Zoning Administrator, said that the City Attorney's
report of Ouiy 19, 1979, was before Councilmembers. The letter gave
conditions that had been agreed to at the Planning Commission meeting.
Mayor Henderson read a letter from Arvid and Ethel Anderson, 360 Colorado
Avenue, in which they voiced opposition to the proposed change of district
of property located at 2525 Waverley. The Letter is on file at the
City Clerk's Office.
William Leong, 2600 Waverley, said he had been a resident of his neighborhood
for 17 years and liked the neighborhood very much. He felt the proposed
rezoning would tend to destroy the character of the area. He cited the
additional traffic as one reason for his opposition.
Raymond Aker, 2605 Waverley Street, agreed with Mr. Leong that properties
in the area ;would be devalued if the proposed change of district were to take
place. He had built on his property 19 years ago. He cited the additional
traffic as one reason for his opposition,
Vice Mayor Sher recalled that Mr. Mckaig, at an earlier meeting, had
proposed a variance rather than a change of district, which would keep
the property R-1 and permitted two houses to be built on the subject lot.
Was Mr. Aker objecting to the two houses or the change to R-2?
Mr. Aker replied that he objected primarily to the change to R-2 zoning,
which tended toward rental property. He thought he also would object to
having two houses on the lot, because he did not think the size of the
property was adequate for do houses.
Gerald Belden, 285 Colorado Avenue, said that plans for the subject
property were unclear to him. He thought two houses on the subject lot
would certainly change the character of the neighborhood. He felt that
if one more family were to be permitted, it should be in en area zoned
for multiple. He thought it unreasonable to irpose the proposed change
on the cc1runity.
Robert Keive, 380 Colorado, said he has resided at his address for
24 years. He feared increase in traffic at the Colorado/Waverley intersection,
where there had one been a fatal accident. He would resist R-2 since
it encouraged rental property.
William Mceaig, 452 Marion Avenue, said the property in question was
14,E square feet. The property was for sale for $150,000 on the
supposition that R-2 zoning could be obtained. He thought the property
offered the advantage of affording one principal home, and one hoar
suitable for aging parents.
Charles Alwine, 2559 Waverley Street, submitted a petition signed by 90
r title is 'n the environs of the subject area in opposition to the
pied rezoning to R-2. The signers, he said, did not want other than
+ ►Herroccupieo single-family t wilint.i' o' thesubject lot..
There
��_ in
' _ .
he a were other i , �� s in._the area with large sot sizes. Signers of
the petitions had spoken variously of heir wish for AO re :: :A 3 i 5, O
increase in traffic, and their wish that the property be owner -occupied.
Mr. Alwine said he had received no notice from the Planning Commission
on the proposed rezoning, though his property was next door to the
sub ect property_ Upon iequt y n has a rr that list
_ -- - people
_�_.. ,,.y...,� .ri �.�sV iCidiii:'u �PiE' (l�Fi. QT
to be notified was unexplainedley missing in the Planning Commission. He
asked that, on behalf of himeelf and signers of the petition, the Council.
deny the application for rezoning.
37
7/23/79
8
C. D. Smith, 2489 Waverley Street, said he had lived at his address for
over 28 years. The residential character of the neighborhood had improved
throughout the years. He said he had received no notice of the hearing.
When he learned of the proposal he had talked to 20 of his neighbors,
all of whom were against the proposed rezoning. He asked that the
application be denied.
Michael Oman, 2508 Waverley, was present but did not speak.
Jobe Jenkins, 2510 Waverley, said that if zoning was to be meaningful he
thought "...spot zoning, which lowered the value of zoning, should be
undertaken with the greatest of care . . . ."
Mr. McKaig repeated that he did not think R-2 zoning, "with two good
houses on that property, would bring down the character of the neighborhood."
Counci 1meiaber Eyerly said the matter had been before Council a short
while back, and he said the size of the property was well above what was
required for two lots in the subject area. Discussion earlier had led
to the conclusion that it would be better tc have two units under the
o rship of cne person rather than two separate lots. He said R-2
zoning was the same as R-1 when the lots were the size of the subject
lot, and so downgrading would not be the result of rezoning. He thought
that on the very large lot a very large house would be built, and that
did not seem in character with the neighborhood
MOTION: Councilmember Eyerly introduced the following ordinance, and
seconded by Fazzino, moved its approval by Council for first reading:
ORDINANCE OF THE COIJNC 1 t OF THE CITY
OF PALO ALTO AMEE,ND I N0 SECTION 18.08.040
OF THE PALO ALTO MUNICIPAL CODE (THE ZONING
MAP) TO CHANGE THE CLASSIrICATION OF PROPCRTY
KN ¢. N AS 2 525 WAVERLEY STREET FROM R-1 TO R-2
Councilmember Brenner said she thought the neighborhood understood what
situation pertained to R-2 zoning. She thought the response of the
neighbors might be modified were the property now built upon with the
owner wishing to build a cottage for a dependent relative, but R-2
zoning did not assure that such a plan would ens;, . She thought perhaps
there could be a division of the present R-2 zoning: ore division to be
for duplexes and another for cottages. As it was. neighbors now had
misgivirigs about whether or not they would wind app with a large duplex
o�e iwo'big houses. She thought "cottage° should have specific limits,
so neighbors would know what they were getting. The application for a
lot split had been turned down because lack of depth would not of forel _
_onpgrj f eathAck fro= ot
te 16t line. Also the center of t block was
s - :e ws e , and she said she thought -neighbors had some justification
for their apprehensions. Countilmember Brenner said she would vote to
turn' dewn the application.
Councilmember Witherspoon agreed t et the reasons for denying the first
application to split the lot into two lots g s a s u, Coee i e r Brenner
drivewayagreed also with her recollection. The driveway also had posed problems,
and Council had proposed _tk t R-2 might be a better solution. She
ascertained that 6000 square feet was the mint lot size under R-1
zoning.
Kr. Sanchez said the lot size permicted two lots so far as square footage
was concerned --the depth of the lot did not, over.
38
7/23/79
Vice Mayor Sher said that the problems proposed by the rezoning were
posing a typical question for Council. He was impressed, however, by
the strong views expressed by neighbors. The proposed R-2 did, indeed,
look like "pocket zoning." Vice Mayor Sher said he thought R-2 zoni..g
was more properly applied in a larger district, rather than one lot. He
felt he could not support the motion in view of the strongly expressed
opposition of the neighbors.
Corrected Councilmember Renzel said that she had supported the R-2 zoning at the
see page Planning Commission meeting. She thought, conjecturally, that the
122 subject lot would best be developed by division into two lots. She
respected the strong reaction of the neighbors to the proposed zone and
she would oppose the motion.
Councilmember Fazzino acknowledged that the rezoning posed a difficult
situation. He observed that the Planniro Commission, however, had
supported the rezoning, with one abstention, and Council had suggested
that Mr. McKaig apply for R-2 zoning. He himself might have supported
R-1 with a variance. Large houses, with a small cottage for rental,
existed in older parts of Palo Alto and did not detract from the areas.
He did not think traffic or presence of rentals were legitimate issues
in this case. He felt Council should work with the problem, for it owed
Mr. McKaig some definitive answer on how Mr. McKaig could acceptably
develop his property. He would favor the motion before Council.
Councilmember Eyerly said that within the staff report by Mr. Sanchez
of dune 18 was the statement: "The proposed rezoning is consistent with
the Comprehansive Plan's land use designation for this site; also, the
R-2 zone for this property is compatible with the overall intent of the
zoning in that there is a large R-2 zoning approximately two lots away
from the proposed R-2 zone request." Councilmember Eyerly
that a precedent was not beingset. thought concluded
He thought that the size of the
subject property gave the owner certain rights, and the Council, in
sending the matter back to the Planning Commission with the suggestion
that it be placed in R-2 had encouraged that proposed zoning. Therefore
he thought the neighboehood did not completely understand what R-2
zoning meant. He hoped his remarks would be considered by other Councilmen hers.
Councilmember Fletcher said the Planning Commission's favorable
recommendation had been based on the condition that the development
submitted to the Architectural Review Board (ARB) and that no structure
be placed within a radius of 25 feet of an existing oak tree at the rear
of the lot. She said Council had been informed that the applicant was
not willing to agree to the second condition. Councilmember Fletcher
said that the Planning C mission might have rva �_ differently
the applicant's proposed non-compliance been know r� She said she thought
that meant that more than a little cottage had been intended for the
rear lot, and she said she would not favor the motion with that.
condition left hanging.
Councilmember Fazzino said he thought that compliance with both conditions
was a
part of t motion -before Council.
Councilor Eyerly said he was reluctant to place that condition on
the property in view of the contents of the City Attorney's letter. From
the Tapp.... i.: "---�.- --. that letter - he - uodfets- to j that it was not advisable to impose that condition
on the subject property.
Mr. Abrams said that Senior Assistant City Attorney Green was of the
opinion that the ordinance itself was not the best place for that condition.
The ordinance wars a legislative act referring to legislative matter within the Council's parameters. That did not mean that conditions
couldnotbe imposed, conditions would have to be made through outside
agreement, and not as a part of the motion.
3 9=
7/23/79
Councilmember Eyerly said he thought that the condition concerning the
tree related to the City's tree ordinan:e prohibiting the cutting down
of trees on private property without the City's permission. He agreed
that the tree -radius stipulation should not be included in the motion.
Mr. McKaig said he had been told the trees were all about 250 years old
in that area and were reaching the end of their life span. Three such
trees in the area had fallen down within the last 20 years. For that
reason he did not think the tree was a material point in the discussion.
Councilmember Levy said that the ARB report persuaded him to favor the
application for R-2 zoning --the 14,400 square feet seemed to him to
permit two structures without negatively impacting the area. If the ARB
report were binding, he would be willing to vote in favor of the R-2
zoning.
Mayor Henderson asked if there were flag lots at 2563 and 2559 Waverley.
Staff did not know for sure. Mayor Henderson said that 14,400 square
feet would take two homes under R-1. An overview of lot sizes in the
neighborhood did not indicate the situation would happen again. He did
not foresee any impact on the neighborhood from the change. He said he
was inclined to support the proposal.
Councilmember Brenner said the absolute minimum of a lot with a flag lot
behind it was 14,520 square feet. She delineated various conditions of
space required for a residential structure showing that an irregularly
shaped lot would not permit a residential structure with accompanying
driveway. The number of square feet, 14,400, would be adequate if it
had frontage for two lots. The amount of land was not adequate when one
of the lots was a rear lot.
MOTION PASSED: The motion that Council approve the Planning Commission
recommendation for rezoning R-2 and the ordinance for first reading' passed
on the following vote:
AYES: Eyerly, Fazzino, Henderson, Levy, Witherspoon
NOES: Brenner, Fletcher, Renzel, Sher
Naphtali Knox, Director of Planning and Community Environment, asked if
the conditions of granting the R-2 were included in the motion.
Councilmemher Eyerly said he would move the following to clarify for
staff.
MOTION: Councilmember Eyerly moved, seconded by Renzel, that acceptance
of the Planning Commission recommendation be dependent upon approval by
the ARB.
At'raeee_ said that =f Council i l = wanted = to resolve the question of conditions
it would have to be subject to first d: second readings If conditions
of ARB review and tree maintenance had not been resolved by second
riding of the ordinance then. Council could reject it.
Coencilmember Fletcher ascertained with _ Abrams that ;a... second
reading of toe ordinance old be 1n two weeks. What would happen if
the ARB had not yet dealt with the conditions before the second riding
occurred? Wouldn't Mr. McKaig have a l right to go ahead?
Mr. Abp said that the action on the rezoning would be independent
because the cooditions were not an appropriate pert of the ordinance.
However, should a separate ogresment be entered into, Mr. $ckai g wou 1 d
be bound by its tens, and if he did not meet those conditions he could
not go forward with construction. Council could at any time rezone the
subject land for other legislative reasons. The Council could, however,
in the nature of its legislative function, consider any factors it
that . relit. For example, .i t would be relevant, with respect to
the tree, to know what area of the lot could be built fin.
AMENDMENT: Councllmember Fletcher moved, seconded by Renzel, that no structure
be built within a 25 -foot radius of the subject oak tree.
Mayor Henderson said he thought the Eyerly amendment would be amended to
add the second condition.
Councilmember Eyerly said he thought the power to see whether or not
plans for a structure were in correct relation to the tree should be
left to the ARB. He asked that Councilmembers vote against the Fletcher
amendment.
Councilmemiber Brenner said she thought the restriction of the 25 -foot
radius hed to do with assuring that the house on the rear lot would not
be very large. She supported the placement of the restriction.
Yice Mayor Sher asked if Council could direct the ARB not to approve a
structure that did not observe the 25 -foot radius of the tree.
Mr. Abram said the Council should not do so, but he added that an
existing R-2 would not go through the ARB. This was a unique situation --
the tree was not an appropriate condition of rezoning. Council could
also review the lot plan after the ARB had reviewed it.
Vice Mayor Sher ascertained that the ARB had no jurisdiction over single-
family residences or R -2s. Could Council refer a single-family to the
ARS?
Mr. Abrams said it could not, but Council could inform itself toward
making effective legislation by referral to the ARB, if it wished.
AMEt DMENI PASSE`): The amendment that no structure be built within a 25 -
foot radius of the subject oak tree passed on the following vote:
AYES: Brenner, Fazzino, Fletcher, Henderson, Levy,
Renzel, Sher, Witherspoon
NOES: Eyerly
MOTION AS AMENDED PASSED: The motion that acceptance of the Planning
Commission recommendation be dependent uptm approval by the ARB, with
the addition of the amendment that there be agreement to restriction of
development within 25 feet radius of the oak tree in the rear of the lot
at 2525 Waverley, passed oe a unanileaus vote.
Mayor Henderson said that the second reading of the ordinance would take
place at the August 13 Council Ming.
TAM<FDi0 INDUSTRIAL PAR
eeeir ie 3nui lee i ( :332:9)
Councilmember Fazzino said that since the matter involves his employer,
HewIett-Packard, he would not to participate.
Miaphtal U Knox, Director of Planning and Community Environment, said that
At pr Sent a shuttle service was operating at noon and at peak hours, at
the California Avenue --Industrial Park area. The Stanford Industrial
Park Committee of the Santa Clara County Manufacturers' group had put
the shuttle service into use. The shuttle service, in operation now for
two months, used two vans, totaling a maxims capacity of 90 passengers.
Though the service had started slowly it WAS now gyrating at capacity.
Route maps changed daily as more information about passenger needs
arose. Reducing use of individual automobiles in the industrial Park
benefited the entire community.
4I
7/23/19
Mr. Knox said that it had been assumed that the Santa Clara County
Transportation District would assume operation of the shuttle service
after its useful function had been demonstrated, but with present gasoline
costs aed resultant transportation burdens the Transportation District
had been unable to take on its operation. After conferring with the
Industrial Park Committee the City's staff was reeomending that the
City of Palo Alto enter into a partnershir arrangement with the Industrial
Park Committee of the Santa Clara County € &ufacturers' group and operate
the shuttle service for the balance of the fiscal year, after which it
was hoped the Transit District would take ;giver its operation.
Mr. Knox continued: staff recommended that Hewlett-Packard be asked to
enter into an agreement with the City to fund the shuttle service as
mitigation for establishment of their new corporate headquarters on Page
Mill Road. Specifically, Hewett -Packard had offered $70,000 to the
City to be used at the sole discretion of the City for projects the City
believed to be appropriate in either the City in general or Stanford
Industrial Park in particular.
The bounds were not exact, Mr. Knox said, and it was estimated that
costs might be between $35,000 and 360,000 for the balance of the year.
It was thought that competitive bids might give the best estimate of
costs. Industrial Park, then, and the City, would share costs, with the
understanding that the City's share would have come from revenues from
Industrial Park. The shuttle service would be in keeping with the
policies of the Comprehensive Plan: page 20 of the Plan stated "Dependence
on the automobile has resulted in increasing problems of traffic congestion,
air pollution, and noise. Traffic filters through and disturbs residential
neighborhoods in order to avoid overcrowded arterials. The Plan seeks
to encourage alternatives to the single -occupant automobile, through
incentives initiated by employers. The transportation objectives for
Palo Alto are reduced growth of overall traffic; reduced peak -hour
traffic congestion; reduced dependence on the automobile; protection of
residential neighborhoods from through traffic. . Mr. Knox felt
the objectives we;'e being met through use of the shuttle service. The
Santa Clara Transit District, Mr. Knox said, had set a goal of attracting
30 percent of all trips in the County to transit. The efficacy of a
fixed rail system would depend on a short -trip collection and distribution
systsm to and from the rail network.
Page 24, Mr. Knox said, spelled out transportation policies: 1) mass
transit improvements; 2) increase transit ridership; 3) coordination of
transportation planning, including public and private roadways, transit,
and para.-transit. The shuttle service, Mr. Knox said, was called
'pare -transit' He read the Comprehensive Plan forecast for 1990 traffic
that surely su .y cause environmental damage. He referred to the
American Planning Association urban transportation meeting at Aspen,
Colorado, earlier this year, at which it had been said that people would
want to dive 1 n 1 aw-dens i ty areas, but competition for transit funds
would ,roman that i�rae�sports"tion .,.... a_ .;_._,� is �+ as ry r workers
- •.�Ervr rM M.yiE 17f:CVs wind wake r !o1 .
7 . e n _ areas to . retain - s _.T; _ f tnlatr increased _.
to__il.=_ixi congested �,...rd to rc�+slt1 jobs. 1:, T�iii$'��E
use of subregional or pare -transit systems had been urged, and so the
shuttle service at California Avenue was a part of the waveof the
future.
Mr. Knox said he had on hand fioures breaking dawn mope per mil
• rw•r.v. LVElE 4 � .. .. _.....<. �.e.. mile 8{!dL!
the like should Council wish to hear them.
Peter S. Giles, 7 b East Meadow Drive,. said he had worked with -staff in
developing a proposal for the shuttle service. He had collected figures
shoving that ridership had increased considerably over the past four
reeks, and costs -per -passenger mlated to ridership level. The plan
had gone into force June 11, an earlier: elate than the proposed October
stmt owing to the gasoline shortage. Ridership had risen, by the epd
of six weeks, to 5+0 in the morning and 44 in the afternoon. Both the
manufacturing group and the Industrial Part companies were encouraged by
the acceptance of the shuttle service.
i
42
7/23/79
Councilmember Fletcher ascertained that at present, during the demonstration
project portion of the shuttle service, no fares were being charged.
Vice Mayor Sher said he thought the shuttle service project very impressive
and an effective complement to transit efforts both district and City-
wide. He congratulated the Committee, of which Mr. Giles was a member,
and City staff on its efforts.
MOTION: Vice Mayor Sher introduced the following ordinance and, seconded
by Witherspoon, moved its approval by Council, along with the reccmmendations
contained on pages 4 and 5 of CMR:332:9 dated July 19, to wit:
1) find that the proposed continuation of the shuttle
will not have a significant adverse environmental impact;
2) authorize the City Attorney to notify Hewlett-Packard Corporation
that $40,000 (2/3 of the estimated maximum cost of
$60,000) will be required within 30 days for the purpose
of partially financing the continuation of the Industrial
Park shuttle;
3) authorize staff to negotiate an agreement with the Santa
Clara County Maeufacturers" Group, the Stanford Industrial
Park Committee (SIPC) and/or specific industries for the
purpose of financing and continuing the industrial park
shuttle and related staff functions, said agreement
to be returned to Council for approval;
4) approve the budget amendment for 1979-80 in the amount
of $10,000, said funds to be used as interim financing for
the shuttle, with the understanding that the $10,000
will be repaid from mitigation payments to be received from
Hewlett-Packard in approximately 35 days;
5) authorize staff to negotiate and co€rsummate a short-term
(interim) contract with InterTrans Corporation to continue
the shuttle service beyond the anticipated expiration
date of August 4, 1979, at a cost not to exceed $10,000;
6) authorize staff to solicit bids from, and/or negotiate a
contract with InterTrans Corporation and/or other carriers
to continue the industrial shuttle service for
the balance of 1979-80, said contract to be returned to the
Council for review znd approval. It is understood that specific
industrial corporations, or an entity representing --
be a party to the contract. y �+�- - - - � thy, will
ORDINANCE 3141 entitled "ORDINANCE OF THE COUNCIL
OT-MTI F PALO ALTO AMENDING THE BUDGET FOR
FISCAL YEAR 1979-8010 PROVIDE ADDITIONAL FUNDS
FOR THE ST:A 0ttn j MDJJSSTR a te- PARK/CAL 1 MANIA HEMJ -
SOUTHERN PACIFIC STATION SHUTTLE SERVICE."
Councilor Levy favored the City's participation on funding; he
thought it a particularly a_oorooriate ,ace of traneportat1 a.. funds owing
-- to to city from Hew1 ett-Pack He thought " passenger cos _
„_Ar�:-_ _ u &�e.r�%g�£� t � + a►a�. per
mile of $1.25, on a run of about one and one-half miles, was high; he
hoped cost could be brought -down so that the service could be continued.
Cauncilmember Fletcher said she thought the shuttle service would probably
become 4_regular bus situation,, and jthatwou�ld�brin�gy�;oy�sgts down.
�pg She
^�gte
said -that the -popularity o the shuttle service emphasized need for
improved service from, the California Avenue depot to Industrial Park_.
them was less train -related activity at University Avenue depot.
MOTION PASSED: The motion that staff recommendations and the budget
amendment ordinance be adopted, passed on the following vote:
AYES: Brenner, Eyerly, Fletcher, Henderson, Levy, Renzel, Sher,
Wi therspo4n
NOT PARTICIPATING: Fazzino
43
7/23/79
APPOINTMENT OF ACTING CITY MANAGER
Mayor Henderson explained that appointment of an Acting City Manager was
contingent on appointment of a new City Manager, and he suggested that
the matter be continued.
MOTION: Mayor Henderson moved, seconded by Renzel, that discussion of
appointment of an Acting City Manager be continued to the forthcoming
Executive Session, then continued to the meeting of August 6. The motion
passed on a unanimous voice vote.
TWO NEW STREET NAMES (CMR:349:9)
Mr. Levy said Mr. Cann wanted to speak on the name choices; "Crandall"
for the proposed name of Crandall Court, was.a man who had pioneered in
art photography, and the name had been suggested by the Palo Alto Historical
Association. So far as "Apricot Lane" was concerned, it had been suggested
for a portion of land where apricots had not been grown. Mr. Levy
favored naming streets after notabl es .
MOTION: Councilmember Levy moved, seconded by Fazzino, that Council
refer the proposed street name "Apricot Lane," back to staff for reconsideration.
Bryce I. Cann, 2570 El Camino Real, said he would like the proposed
name for the streets to be returned to the Palo Alto Historical Society --
he had been a resident of Palo Alto for 45 years and he had some suggestions
for proposed names.
Councilmember Levy said he would amend his motion to include Mr. Cann's
s ugges rii on .
Councilmembers Fazzino and Sher said they did not oppose selection of
the name "Crandall," as they approved historical references in street names.
Councilmember Sher said he would not be unhappy to approve the proposed
names.
MOTION PASSED: The motion that Council refer the proposed ttrPat name
back to the staff and the Pa1o`Alto Historical Association for reconsideration
passed on a unanimous vote.
RECESS
Council recessed from 9:40 to 9:55 p.m.
PUBLIC HEARING: UNDERGROUND UTILITi
T .ort nu from 6/25/79)
Magee Nenc r vn said that it was the time and place set for the rontinuaticn
f tiv Arab i; c.hearing on the matter of the formation of Underground
Utility District 20. the Mine of the public hearing being to hear all
protests and receive evidence for and against the proposed formation of
the Underground Utility District The ultimate question to be determined
by the Councils based on the public hearing, is if public necessity,
health and
__t_� ;..a.o�L.11 d�L.�s.
heal h an.d caret re --fro the
_ district
. removal
...---------- ------- .� -_....=.�r.c.-ca�.w5ei 77[�R«ClIF tit - �. - t775�ric>: and of
poles, overhead giros, and associated overhead structures, and underground
installation s and facilities supplying ...t_...tel __l - • _
--,�f ���"�_ ��i.. .,�a... � �,�a'� for �rap+Ew�,y1Fr� �i�{.s.T'l�d! communication
or similar associated services in the proposed district.
Mayor Henderson said that to that end the Council was required to take
evidence and consider the question of whether or not such w dergrot nd i ng
is in the general public interest for one or more of the following
reasons:
44
7/23/79
1) such undergrounding will avoid or eliminate an unusuallyheavy
concentraction of overhead distribution facilities or the reconstruction
of an existing pole line; 2) the streets within the proposed district
are extensively used by the general public and carry a heavy volume of
pedestrian and vehicular traffic; 3) the streets within the proposed
district are scheduled for major new roadway construction, reconstruction
or alignment, or 4) such streets adjoin or pass through the civic center.
The particular reason for the proposal of Underground Utility District
20, Mayor Henderson said, is that it will avoid the reconstruction of an
existing pole line. The effect of the formation of the district would be
that no person or utility would be allowed to erect or construct within
said District any pole, overhead line or associated overhead structure
used or useful in supplying electrical communication or similar or
associated services.
Mayor Henderson continued, saying anyone interested was therefore invited
to present protests and to present evidence either for or against the
formation of the proposed district with particular emphasis on the
foregoing matters.
Mayor Henderson declared the public hearing open, and asked City Clerk
Ann Tanner to read any additional protests received since June 25, 1919,
in conjunction with the establishment of Underground Utility District 20.
Ann Tanner, City Clerk, read a protest from Ward C. Smith, whose letter
stated concern over "...placement and character of any large boxes
installed for servicing the buried lines along sidewalks (because) open
grills within the sidewalk in this residential area would be a hazard to
shall children on skates or skateboards, or perhaps on other wheeled
tnings. Even worse, grills might cause children on skates, etc,, to use
the smoother street, where not all our traffic moves slowly. 1 trust
that this potential hazard has been given full consideration already, or
will be eliminated from the final design,
Ms. Tanner said she had received four postcard:, all reading °We reside
within the proposed Underground Utility District for the Crescent Park
Area bounded by Hamilton Avenue, Chanrai ng Avenue, Lincoln Avenue and
Center Street and wish to register our opposition to formation of the
District," from: T.M.Robins, Jr., 1257 Forest Avenue, Lincoln F. Higbee_
1260 Pitman Avenue, Jeffrey and Lucy Stack, 1386 Dana Avenue, and Phhyl l i s
Sherlock, 1275 Dana Avenue.
Jack Taylor, Utilities Deb poles j
Department, that --in the subject -area
were damanged; he showed slides in support of that statement. There were
examples of woodpecker damage, shell rot, and butt rot, which occurred
- below ground. Replacement ent of damaged pees would be difficult in many
lotions, and in some cases would require realignment of poles. In
martyr cases the existence of poles set among now -luxuriant growths of
trees made tree --trimming ineffective and hazardous. - He showed examo1 os
of services ces funning from underground service to rep dances aPmoa►st ati
that messiness soon bey covered by new growth He suggested Counci lr tiers
foresee, in their imaginations, the f .rovernnts in the visual scent
with removal of the poles.
Marde Ross, 1350 Forest, strongly favored undergrounding utilities from
a st.3ndoianit of safety_ insofar s her t 1l �:lam._.__
--- -- =��„Ta •:.,iayrv�r as her-Li1ry�". al1RYiI_G77IiCE0�Pi were concerned,
as well as from aesthetic considerations.
Phil Salsbury, 1345 Martin Avenue, said that sparking and smoldering of
overhead wires had been observed and therefore the undergrounding would
be well advised.
George 8. Richardson, 1322 Martin, favored undergrounding utilities for
both safety and fire hazard reasons.
Ken Ross, 1350 Forest, agreed with the foregoing speakers.
45
7/23/79
zap
Glen S. Taylor, 1229 Forest Avenue, said he favored undergrounding. He
said that inquiry had shown him that undergrounding of utilities usually
was done first where poles were on the street --why was Crescent Park
chosen to go first? He thought it could be because the City anticipated
there would not be "...a violent outcry about costs." He wondered how
cost -sharing scales were arrived at. He said he had noted that owners
in the underground district would have to pay for 1) a power conduit, 2)
telephone conduit, and 3) a cable TV (CATV) conduit. He thought that
having to tear up and replace the entire ridewalk was "...a pretty lush
sort of project for a very low priority." He thought the plan required
further study and he favored a long-range plan for citywide replacement
of poles.
Betty Meltzer, 1241 Cana Avenue, favorred undergrounding in her area.
She said she thought extensive termite damage in the garage to her
residence was directly related to the presence nearby of a rotting
telephone pole.
Paul Drapkin, 1215 Forest, noted that his concern for safety; voiced at
the June 25 meeting, had been vindicated in a tragic way by the death
of a young girl who had been electrocuted climbing a light pole in Menlo
Park. He thought the light poles were a menace in the backyard.
John Murden, 1331 Martin Avenue, agreed with the statement of his neighbor,
Mr. Salsbury, who had spoken earlier. He cited another case in which
wires inside the kitchen of a home in the district had become melted
when two 110V wires had touched during a windstorm, thus creating 220V
power.
Hal Korol , 130 Dana, approved the under -grounding, adding that a wire
had blown down in his yard about five years ago that had been very
alarming.
William Preston, 1230 Hamilton, said a late night power outage had
confirmed that undergrounding was needed.
Merrill New aan; 1256 Martin Avenue, ue, favored undergrounding of utilities
from the standpoint of improved safety, reliability, and aesthetics.
Robert Jack, 1268 Martin, favored undergrounding for reasons heretofore
expressed by other speakers.
James French, 1321 Martin, supported undergrounding - - -
PPp from the
point of view of safety.
Frank Manfredi, 219 Addison Avenue, favored undergrounding, not only for
eti l i tie but also for cable TV and City -E e4era` _e.�u �
- -
� am heat p z pes and
hot water.
Bob Meltzer, 1241 Dana Avenue, endorsed Mr. Manfredi's comments. He said
that improved aesthetics would improve subject properties, and be worth
the costs.
A resident at 1060 Lincoln Avenue asked if all the poles would be removed
when the undergrounding i$ done.
Mayor Henderson declared the public hearing closed. He said that the
ordinance before Council was an emergency ordinance and would therefore
require a four/fifths vote of Council.
46
7/23/79
City Attorney Abrarms said he had a substitution for the current Section
4 that would read as follows: "An urgency exists affecting the public
health, safety, and welfare and necessitating an immediate effective
date of this ordinance, in that a) there currently is a potential threat
to public safety, both citizens and public employees, caused by an aging
overhead system; b) a delay in the construction of a proposed underground
system will cause substantial increases in cost which rust be paid by
the City and the Underground District property owners."
Ed Aghjayan, Director of Public Utilities, said that he would speak to
some of the concerns that had been raised that evening: 1) Drills
which had one-half inch openings could be placed in the parking strip,
which was dirt, in nine locations; the balance of them could be placed
in unobtrusive places in lawns of residences with the exception of three
for which there appeared to be no suitable place other than the sidewalk;
2) the low priority one speaker had r`erred to had been set up in
relation to aesthetics -win the subject situation a safety hazard existed
because the area was one of the oldest in the City; 3) the telephone
company reimbursement of 551,E had been made to the City for labor to
be expended by the City laying telephone company conduit; 4) all of the
poles in the undergrounding district would code out, with the exception
of cases where residents had used poles as support for outdoor structures:
a brick wall and f., barbecue* in two cases. The City would saw off the
part of the pole not being so used.
Vice Mayor Sher said that he had been concerned at a show of soave opposition
on the part of a few citizens in the subject undergrounding district, on
June 25, and he had been reassured by the support for the project shy
this evening.
MOTION: Councilmember Sher introduced the following emergency ordinance
and, seconded by Fazzino, moved its approval by Council:
ORDINANCE 3142 entitled ORDINANCE AMENDING
SEC 17.020 OE CHAPTER 12.16 OF TITLE 12
OF THE PALO ALTO MUNICIPAL CODE BY ESTABLISHING
UNDERGROUND UTILITY DISTRICT 20 ANCDECLARING
AN EMERGENCY.
CounciImemher levy ascertained that & percent was the preSent rate used
to calculate costs that would occur, and a figure of 8 percent would
reduce the present value of future cost.
Per. Taylor replied that Mr. Levy's assumption was true: if the City
used a higher discount rate the present value would be reduced.
Councilmember Levy said he suggested using an 8 percent figure in the
future; that made the cost cheaper to the City. He observed that 70 of
the homes in the proposed district had favored the project; he would
voteinfavor of it.
Councilber Eyerly said he had favored undergrounding right along, but
costs had made toe City postpone all but necessary projects. He said
the staff report recommended that residents not pay for the 25 percent
costse-he noted that residents should understand that the City did not
have a policy of paying such costs in some areas because many a s did
hot have deteriorated poles or tree -trimming problems. Tree -trimming
costs would use up the savings residents, haver, he noted. in _about
one year.
Councilmember fazzlno said that although he had not supported the project
three weeks ago, he now would do so --he thanked staff for its work with
residents in the subject area. He supported the motion,
Councilmemberr Renzel noted that satisfaction in safety and aesthetics
would accrue to both residents and the City as a result to the pied
project* she would .support it.
7/23/79
Mayor Henderson thanked participants for their brev'ty.
MOTION JaTSSEO: The motion that Council approve the ordinance passed on a
unanimous vote.
1
REQUEST OF COUMLMEMBER FLETCHER
ES
Councilmember Fletcher said she thought Counci lmembers ,were aware of the
court decision that Southern Pacific commute service might be abandoned
unless local agencies paid $11.6 million, claimed by Southern Pacific to
have been the loss it sustained in 1977. Councilmember Fletcher said
the $11.6 million figure was "extremely suspect." The Interstate Ccomerce
Commission (ICC) had thought it to be highly inflated, as did the Public
Utilities Commission (PUC). CaiTrans and Metropolitan Transit Commission
had also challenged the veracity of the figure, as had the railroad
union. Councilmember Fletcher said doubts on the validity of the figure
of $11.6 million made the court decision suspect. Since the decision,
also, revenues to the railroad had increased significantly. Since 1977
ridership had risen about 40 percent. What SP recieved from the write-off
of its losses on tax returns had not been calculated into the figure,
nor had savings from Proposition 13. Wall Street Journal (WSJ)
had said that SP's earnings had risen in 1978 by 103 percent due to
those savings. (WSJ said that SP had put all its Prop13 savings into
its freight service, with no effort to improve passenger service.)
Corrected COUnCiirreriber Fletcher continued: had been unwilling to negotiate
see page subsidies by users of its service and refused to discuss with unions any
121 cost-cutting work males. ICC had prepared in environmental impact
report showing that there could not be adequate bus service were SP
passengers to switch to buses if the c ute service stopped, nor could
San Francisco afford parking facilities if private passenger cars were
used. She spoke of the adverse effect from additional air pollution,
consumption of energy, traffic congestion, and also, area -wide, possible
restrictions on expansion for business development in the bay area. At a
recent hearing, 150 Sp commuters appeared to protest the proposed shutdown.
In spite of those finding the judge, in his decision, had said, "I find
that this decision will have no unwarranted impact or, the quality of the
human environment."
Corrected Councilmember Fletcher said that negotiations were taking place between
see .paste CalTrans,._who represented the area transit district, and Sp, for a
t22 purchase -of -service agreement stating that local agencies were willingto help pay for improved service at reasenable costs --tire court decision
undercut those negotiations.
Councilor Fletcher said that all elected councilnaembers of cities in
San Mateo, and Santa Clara Counties were Wes es.ed to oppose the court
ruling
L . , ,,1x' c 3= =- gathering
rul _ng ,� .;rys ICC; to reiect t - _ _ ne.s ,; = thought that g er ng
va elected dff ceials would be held in about 3 weeks, and she had placed
a suggested resolution to be offered at that gathering.
MOTION: Conncilmember Fletcher moved, . seconded by Renzel ,that l) the City
of Palo Alto send representation to the forthcOmine QatherinS of City
ounc11 rJ ht. -1d are0 wide in the near future; 2) Staff be
directed to prepare a reeol uti ova asking ICC to overthrow the court
ruling on SP; 3) Council to authorize the mayor to send a letter to Palo
Alto's state representative asking that Senate and Assembly to issue a
joint resolution requesting the ICC to overturn the ruling regarding SP
service of Administrative Law Judge Robert T. Wallace.
Vice Mayor Sher said he had the mixed blessing of owning some shares in
SP, and he had discussed it with City Attorneys Roy Abrams.
Mr. Abram replied that the Fair Political Practises Commission {.FPPC)
had found that the minimum financial interest Vice Mir Sher had would
not constitute conflict of interest.. Should other steps take place,
such as asking the City to give some financial support to SP, there
might exist a conflict of interest.
4,8
7/23,179
Vice Mayor Sher said he would participate and support this important
motion. He thought, both as councilmember and shareholder, that Southern
Pacific had a responsibility to the public for passenger and freight
service, "...in view of the way in which the tracks were originally
acquired, and I think there's a war here for the railroad to provide
much -needed transportation. . . ."
Councilmember Levy said that though he owned no SP shares he had recommended
their purchase to others. He ascertained with the City Attorney that no
conflict of interest existed in that case. He supported the motion that
spoke to the need for continued passenger service.
MOTION PASSED: The motion passed on a unanimous vote.
RE r` EST OF COUNCILMEMSER F
Vice Niyor Sher said that he had been informed by the City Attorney that
Stanford Daily was an independent corporation and received no financial
support from his employer, Stanford University and so there was no
conflict of interest.
Council ber Fazzino said he had been appalled to learn that the Stanford
Daily had been ordered by the courts to pay costs of litigation in which
it was defending the rights of free press. The costs were for the City
and County for such things as printing of briefs and filing fees expended
by the defending insurance company. Payment of the costs had been
ordered when the City and County position prevailed. Councilr ber
Fazzino said that Palo Alto's City Council had recently gone on record
in opposition to its own original position on the matter. He thought
the City should go beyond its supportive words, resolutions, and letters,
and determine what costs are actually to be borne by the Stanford Daily.
He said he knew that student newspapers such as the Daily survived on a
shoestring along with goodwill on the part of the student Dean. He
hoped that any unreasonable financial burden caused by the City's action
would be given a second 1oo'e by the City.
MOTION: Councilmember Fazzino moved, seconded by Henderson, that the
City Attorney prepare a report on costs being bare* by the Stanford
Daily,
14r°. Abram said he had received a letter from Dan Fiducia on May 14,---
1979, which indicated that court costs for the United States District
Court and Court of Appeal cases were about $2100 for both the City and
County. Court mate for the United States Supreme Court had been about
$44001 50/50 between City and County. Mr. Abrams said he had talked to
the insurance company's legal representative, Mr. Eton, of Chum
Pacific Indemnity, to ascertain whether or not _the insurance co ny,
might waive the costs. On June -27;_1979 ft_r_Taal-fill-1i
. ,.. � � .. �. that the insurance
companyt Its not i ntere t& i said ... a es he wrote a15.0 to
F+ :ia. Carbon copies of the letter, Mr. Ahrens said, had been
given to Counc i lmembers The insurance company felt it had put forward
a lot of money into the lawsuit, covering filing briefs, filing fees,
printing of briefs and the like, which they thought should be reimbursed.
i r. Abrams said the money was _ the tnsura€ . nv`e +tint _ts- City's.
Councilmember Witherspoon said she thought the *atter concert tlus
St4nford Daily and the insurance company. She would not favor the motion.
Co:enci laaber Fazzino said he was glad . Stanford Daily sued the City. He
thought the action of the City amployees ".. totally reprehensible."
A discussion ensued on the amount now owed by Stanford Daily. It was
indicated that the amts being discussed ware only approximate.
49
7/23/79
1
SUBSTITUTE MOTION: Councilmember Fazzine moved, seconded by Levy, that
1) the City reimburse the Stanford Daily costs of $2200, and 2) reimburse
costs of $1100.
Calculations ensued on the amount of costs Stanford Daily still raved.
Councilmember Eyerly asked if the County were to be asked for half of
the other courts` costs.
Councilor Fazzino said he thought that the City should pay the
entire costs since it had brought about the situation.
Councilmember Eyerly said he would vote against the motion.
Vice Mayor Sher said he would like the motion separated by those actions
taken by the Palo Alto police, and the ensuing lawsuit. The City had had
no choice so far as the lawsuit was concerned. Previous City Councils
had thought the City should defend that lawsuit and appeal the lower.
court decision, which had been done. The Supreme Court decision agreed
with the viewpoint of earlier City Councils. Losing parties were normally
ordered to pay court costs, but not attorney fees. He thought the
motion opened up the whole subject again of whether or not the previous
City Council should have voted to defend the action and appeal it. He
thought this Council could not second-guess what previous Councils had
done. He would therefore vote against the motion.
Councilmember Levy said he thought the City had been the "...instigator
of the whole legal process, and 1 agree with Gary that it was poor
judgment on our part to have gotten into it. . . ."
Councilmember Renzel agreed there had been "...some judgement problems
but from my paint of view I think it was impotant for Stanford Daily to
take the matter to court and I think that it was involving a right which
they thought was important, and I think that clearly we have the greater
capacity to accommodate the airing of that issue, and I will support the
motion. . ."
Mayor Henderson said that consistent with his previous stand on the
subject he would support the motion.
Councilmember Fletcher said she planned to vote "no."
object to paying the balance of the costs, but she did
retroactively.
PART NO OF SUBSTITUTE MOTION PASSED: The second part
that the City of Palo Alto pay Stanford Daily the $1100
been paid by Stanford, passed on the following vote:
etcher,, Henderson:. Levy, Renzel
AYES.
IBS: Brenner, Eyerly, Sher, Witherspoon
She did not -
not want to pay
of the emotion,
that had not yet
FIRST PART OF MOTION FAILED: Themotion that the City reimburse the
al. 2 already oaid $2 to cover half_ of the wits for the Supreme Court to
Stanford' Daily failed on the following vote:
AYES: Fazzino, Henderson, Levy, Rena
NOES: Brenner, Eyerly, Fletcher, Sher, Witherspoon
. Siper advised that Pal++aent would be made from the contingent account
and a budget amendment mould not be necessary.
50
7/23/79
COUNCILMEMBER BRENNER RE
Councilmember Brenner called Councilmembers' attention to a report in
Councilmembers' packets on Regional Water Quality Control Plant capacity.
She had found it interesting, and she voiced appreciation for the staff
work involved in drawing it up.
MOTION: Councilmesnber Brenner roved, seconded by Renzel, that staff
draft a letter supporting the position that the City of Palo Alto is
opposed to the South Bay Dischargers project to carry wastewater to a
point north of the Dumbarton Bridge, so that the Council can decide to
support that position formally as an amendment to the Regional Water
Quality Control Board, and that the draft letter be on hand for the
August 6 Council meeting.
Mayor Henderson noted that the public hearing on the South Bay Dischargers
matter had been colleted; all information had been entered and any
letter Palo Alto wrote would not be in the formal record, though there
was no harm in sending a letter to the Regional Board.
Councils fiber Brenner said she thought such a letter should be sent to
give a formal position. She understood that the Environmental Impact
hearing had ended some time ago.
Mayor Henderson said he thought the letter should go to the Regional
Water Quality Control Board.
Councilmember Brenner agreed --she wanted to give Palo Alto's formal
position to the Regional Water Quality Control Board. Did Mayor Henderson
think it would be better to write such a letter now or wait until Council
had reviewed the matter?
Mayor Henderson said the Regional Water Quality Control Board would not
meet until mid -August and so Council could have time to review the
matter.
Corrected
sea page
122
Councilmeinber Eyerly wondered what impact the proposed letter would
have. He had thought the Council's South Bay Discharger's representative
had been instructed not to favor building a pipeline. He thought that
idea (of a pipeline) had been dealt with.
Mayor Henderson said the South Bay Dischargers had unanimously opposed_
construction o, the pipel fa:'. The state -Regional Water Quality Control
Board, however, would have to amend its planned base, and so, until that
was done, the problem still existed.
Councilmemaler Brenner e t hired th:t Mayor Henderson,
h -
..�..,....d.�. �.+�:..� Mayor ,v�eivc: a+,rsa, since i/4 was (i
the ,south 'v. r Dischargers, hao to ass'a n fro -to voting, and so
she had thought Palo Alto should state its position clearly regarding
the pipeline.
MOTION PASSED: The motion, that staff draft a letter supporting the
ose
position that the_ City of Palo Alto is cp d to the South gay niqch4rgerS
project to carry wastewater to a point north of the Dumbarton Bridge, so
that the Council can decide to sippe t :hat jog tion folly as an
ant to the Regional Water Control Board, and that the draft letter
be at the August 6 Council meeting, passed on a unanimous vote.
Carl Parcel 1, 256 Walter Hays Drive, spoke of the increases in
rates for use of Rinconada Pool by non-residents. He said he
thought the increase would discourage use of both the park and the
pail!). but he thought that since other cities shared with Palo Alto
we should have more reciprocity. He did not want the children to
be kept from using the facilities.
// t79
He cited the costs for repeated use, and asked Council to reconsider
the rate raise, which he thought excessive. He said the pool could
accommodate more suimmers comfortably-.
Scott Carey, 3925 El Cerrito, said he thought "reprehensibility"
was a term wrongly given in relation to the Stanford Daily case. He
said that the employees, pursuant to a war.tnt, issued by a judge
of Superior Court on the basis of the law as he then understood it,
acted in conformance with the warrant and the law as they then
understood it. The employees had conducted a search of a newspaper
that had publicly stated that if it had any good evidence it
would destroy it before "...ahybody got there." Mr. Carey said he
did not fine the search reprehensible. The Council action itself,
might have been reprehensible, when it, for stated reasons, felt
the lawsuit should be entered into. Mr. Carey said he had thought
thrat'Council, that evening, could have made a contribution to the
Stanford Daily in the interests of the first Amendment. As it was,
payment had been made not to the Daily, but to the carrier.
ULM, SESSION
H PERSQNEE.
Council adjourned to Executive Session re personnel at 11:20 p.m.
A dE
Council adjourned at 12:00 midnight.
ATTEST:
APPROVED:
City Clery/ Mayor
52
7/23/79