HomeMy WebLinkAbout1978-01-09 City Council Summary MinutesCITY
COUNCIL
Minutes
Regular Meeting
January 9, 1978
CITY
OF
PALO
ALTO
I3'B!i RAGE
Approval of Minutes of November 14, 1977 4 8 4
Approval of Minutes of Novsaber 21, 1977 4 8 4
Approval of Minutes of November 28, 1977 4 8 4
Oral Comennicaions A 8 4
Harold Lesser, 440 Ramona Street 4 8 4
Joseph Carleton, 2350 Roes Road 4 8 5
Andrew Baldwin, 986 Celiac Nay 4 8 6
Elfrid Gioumousia, 992 Loma Verde 4 8 6
Nency Jewell Crcer, 1902 Palo Alto Way 4 8 6
Consent Calendar - Referral Xtema 4 8 i
Short -Term Plan for Solid Waste Reduction for Palo Alto 4 8 3
Mortal. t* Policy and Procedures Gc :tt..3
Consent Calendar Action Items
Poltcv of Procedures Committee, By UlltaMOUS Vote,
Recommends to Council re the Proclitte of Handling
Responses to Citizen its :tit No Change Be Nada to
the Code, And That the City Menagerie Office Will
Implement the Procedural Change Discussed in the 11/1/77
Committee Minutes Immediately
Poser Parcels: !!fit to Sam Airiament
beediremeet of Shirley Chandler
letfrtse at of Leis Nachman, Jr,
Public Cog: Weed Abatement
1rimerace sad Public Wort Committee re Proposd. Ransil*
Corporation Crmtract Ameadment
Polley and Procedures Committee s fte Council. re
Wowing Corporation Report on leer) k t -Fate (& -R)
Units, Ear Dnanimoyes Vote
Iwamoto
,' 1�tiev d) a a
rriceediage
4 8 7
4 8 7
4 8 7
48 7
4 8 7
4 8 7
4 8 7
4 91
4 9 3
4! 3
ITEM
PACE
Request of -Councilmeiibers Fazzino and Henderson re Noise 5 0 1
Problem in Simon Park Area
Visual Arts Jury - Appointment of Paula Kirkaby and 5 0 4
Gordon Jackson for Second Terms
Request of Councilmesiber Carey r• Safeway Let Contract 5 0 5
Request of Councilmembsr Carry re Water Conservation Report 5 0 6
Request of Councilmen bar Carey re PAXJSD' c Proposed 5 0 6
Drug Abuse Program
Request of dice Nayor Brenner re Study Session - 5 1 2
AMC Environmental Xratagamsnt Plan
Request c,f Councilmeibar Clay re Recommendations of Poltly 5 1 2
and Procedures Committee Concerning Municipal Golf Course
Oral Communications
Hiehasl Ysaxksos, 399 Sherman Avenue
Adjournment
'4 8 3
1/9/78
512
5 12
513
Regular Meeting
January 9, 1978
The City Council of the City of Palo Alto met on this data at 7:40 p.m.,
with Vic:* -Mayor Brunner presiding.
PRESENT: Brenner, Carey, Clay, Eyerly, Faszino, Pletcher,
Henderson
ABSENT: Sher, W1 therspoQi4.
MINUTES OF NO R 1R 44 1+977
?LION: Cauncilmember Randers= mevsd, **aoudad by Fazzino, that Council
s<?praeva the miivataa of November 14, 1977. Tha motion passed on a
unanimous vote, Councllamber Witharapo n and Mayor Sher absent.
MINUTES OF NOVEMBER 21t 1977
Councilmember Nendaarson asked that in t a first paragraph of page 364
the first throe lines be corrected to read: "Couacilmamber Sanderson
,ascertained from Dr. Croats that University Park was a triangular unin-
corporated area in San I'ataio County, where the adversities would be
concentrated. Dr. Cross stated that negotiations between Menlo Park. .
Cauacilm aer Fletcher asked that on page 376, fourth paragraph, third
line, the Assemblyman's r;aama ba corrected to read "Louis Pa►paan." In the
same paarsarzph, second Una from the and, the coamattee nand should ream
PENTAD. On page 377, fifth paragraph, she corrected the phrases "..,within
the City's. . ." to rea 4 ",..within the County's. . ."
Councileember Carey asked a:n bae2half of Dir. Nancy Jewell Um' that cn
page 362, tenth line, the phew* reed, "wand and asked that the 4oliowing
memo mentioned in t:ha petition be into rated."
MOTION: Councilme■ebax Eyarl t sieved, secanded by Handarsoua, that Council
approve the minutes of November 21, 1977 as cot acted. The amnion passed
on a bus vote, Councilmamber Witherspoon and Mayor Shaer absent.
MMUS 07 NOVEMBER 28, 19a
amor mimmimmmimmommatimmwommummmommarm
Councilamber Besdarson aaked that en page 403, sixth paragraph, the
last sentence raid: "One 'barrier' had boon broke by fitting Northern
California Savings and Loan to build above the afoot height limit;
permitting ra-soning Which lad to further building in the baylaeads mould
establish antler precedent."
MUM: Coimcilenembex Carey moved, *eeo edad by Pasaino, that Council
approve the minutes tes of Nevambar 28t 19776 as oorreotad. `i'hs motion
paw on a unanimous votes Counsibeember Witherspoon and Mayor Sher
absent.
aiu. CONVOJNICATICES
1. Harold Lessor, 440 Mamas Street, spoke of receiving a parking
ettatima on September 22, 1977, mhielIt in his r faith, mos
smil ed_ 0,--1 tat:ra f4= �....ara i _. --_7a _ _ Alto
M n = _ -- -
_-- yy.` � /9�� -ir - w.wowv� - wwas�i7i�-Tie - S'iiA AaL%6yi,� �p��p� 5+��
Section 2 ,08.140, meted � was a�1a. Ma ram: a
latter be hod maEile4 to the City ma the sub jset, addins that ha had
1/9/78
not received any answer. The Palo Alto Menicipal Code number on
which he had been cited was 2.08.100. He asked than Council take
up the matter of defining those code stipelatioua on a forthcoming.
agenda.
2. Joseph Carleton, 2350 Ros4 Road, spoke for the Loma Prieto chapter
of the Sierra Club. He aeked that his remarks, which pertained to
the Sand Hill/Willow Road Improvement project, be included in the
record or this meeting.
Vice Mayer Breams: said that eitce the matter was on the agenda she
offered Mr. Carleton the choice of either speaking an it during this
time of Oral Communications, or at the time Council reached the item on
the agenda.
Councilmember Carey suggested that, at the tisie Council reached the Sand
Hill Road item, discussion might be restricted to Cawci1meebero only. •
Vice Mayor Bremer said that members of the public who would restrict
their remarks to the subject of only those parcels of land to be dies;-
cussed, and their acquisition on and condemnation, could speak at the time
the subject came up ou the agenda. If Council wanted members of the
public to speak cu related mateere at that time, she would be *grumble.
Counctlaeab r Carey said that the public hearing was restricted to.
condemnation proceedings; he thought Mr. Caric;:oe' a comments would be
appropriate at that time,
Counciiite ber Henderson said phone e cella he has received medicated
people were going to *peek on .a broader basis; he doubted if discueaion
could be limited io acquisition and cos dsmnetion only.
Vice Player Brenner asked that Mr. Carleton make his comments on Saud
Rill/ Willow Road at this tilea of Oral Communications.
Mr. Carleton read his comments, az follows:
Honorable Pe10 Alto City Cournci1:
We as that further discussion end action on she Rau Biel/ Willow
Read ' Improvaaae3et t Project be halted for the following i s on* :
1. its accordance with Section 15067 of Title 14(Natural Re aourcea)
of the California Adeinistrativo Code, au sddtttect1 SIX mast be
prepared :
"(a) Substantial changes .axe prole isa the project which will
require major revision n of the - SIR, d90 to the involvement - of the
met esmiroomestal impacts not cozaeAderad in a previous SIR on the
project; (b) There are eubstenti3at des with respect to the
,otre_mwotancat under • whit the pzo j ec t is to .be undertaken, tadh as
ie change to the pxopoe*4 location of the project., which will, require
major revision* in the STR due to the involvement of asst environ--
eete1 impactor asst covered in * pr rus RIK. "a
We consider that there have been eabetfttiol cbeo$0040 in tot pr o j ec t
*inane the ELI was prepared, such ; the ac ing of Sand H'iil, mod,
oddities of a frontage road, t tr_ closissg oft of two streets in
Heel° Park, and the selection of a tinal oomnactioa to Si Camino,
which had not been dose before. In may tee., no supple mentii 1 1
Itt .cr pw srwssad for am ultimate project.
2. The project appear* to be one with re .anal impacts, well'
beeood the border* of Palo Alto and Menlo Park (pleiss see attached
465
1/9/79
��
letter to the U. S. Coast Guard). Accordingly, related projects,
as described in Section 15069 of the California Administrative
Code, "Multiple and Phased Projects," Which requires a single EIR
for the ultimate project.
3. Our understanding of the Palo Alto MuniC3pal' Code, Section
13.12.0100, is that a four -fifths vets of the -enave City Casinctl-
is necessary to determine that public convenience saw necaesity
sequire the formation of an assessment district, eve considering
the proviaioes of the Majority Protest Act of 1931. We gilostion
whether the City's bond counsel, who iaa in a position to gain
finasacia11y from approval of this project and eh* sale of bonds, is
in a position to reader an impartial decision on this issue.
(signed) Joseph-G.'.Carietoa.
Sand Rill/Willow Road Tank" Force
Loma Prista Chapter ---Sierra Club, 1176 Emerson Street, Palo Alto, Ca.
3. Andrew Baldwin, 986 Celia Way, said he wee attorney and legal
director for Frieeds of the Earth in San Francisco. He requested
that Palo Alto's City Attorney provide an opinion to support his
(the City Attorney's) determination that a four -fifths vete of City
Council:members vas not required to preliminarily determine the
o and-feoeoeity resolution peened at a meting in December.
Se asked that the opinion be prepared "with all deliberate speed."
Pia colkeurred with Mr. Carleton's remarks that the do - facto 8:m4-
E111/Willow Road project sued to be a "classic case of piece eating."
Mr. Baldwin said "...it's likely that the whole business from
Highway 17 all the way to Fresvay 280 is illegal."
4. Elfrid Gioumoumis, 592 Lome Verde, objected to the Saud Hill!
WilLow Road Improvement Project on the grounds that it did not
coeply with requirements that air quality in the Bay Area be improved.
She said she thought Armor reports tonfirse d her statemett. She
agreed with Mr. Carleton in that the Elk raised nary questions
which she thought Council s -z.Iaa reconsider.
1
5. M&wy Jewell Cross, 1902 Pelo . Alta Way in Menlo Pe;k, represented
the Committee for M. emi Smesibte Saga Frencisquito Creak Area
Ming, and several petit/wore who asked for an updated Envirommentel
pact Report on the entire project. Dr. Cross said she and thoee
whom oho rupTeseated bed favored doing something drat load,
but they v aatted regional planning, long -orange p1a aping, and ti:tra na-
portatioaz made planning in the area. Sus transportation as an
effective new of mevims umbers of pal bed been dia cated et
the time of drewtag seep the 197S ITS- At prement there Isere two
pod bus routes en 3ealf-bour s4ule , t'ith der-Plrsiwing
favorable notice. She geaeted Director of Transportetiou Tod Soguchi,
who bed *aid traffic patterns Champed , ell the ti w, is 1978,
an update male needed of traffic patterns. She questioned the comparative
tiaeeae required for a traffic survey to be updated, sad for a wit
too gthat
o through the arts.. She oohed that staff give bet en r
to a4 specific question.
Vic* Mover Brenner soli it wee eat customary to tryto enamor during
Oral Commeetcations question Whicisistibt be raised --thee staff, however,
did bee* Dr. Cross's qua befors them.
4 8. 6
1/9/78
CONSENT CALENDAR
Referral Itesj
SHORT-TERM PLAN FOR SOLID WASTE
REDUCTI + , + . AL
• '� i1 AND ( :1O0:8)
Staff recosmsads referral of a thirteen page document, with Appendices A
through J-1, to the Policy and Procedures Committee. The report suggests:
A. that tuff be directed to: 1) implement a pilot six-month household
collection program is sere esighhorbeed in Palo Alto. 2) Implement a
pilot air -month depot collection program, ooaaistin= of -two portable
depots to be esteblishsd.in separate sections of Palo Alto. 3) Establish
a Solid Waste Reduction Advisory Committee in accordance with Appendix ?
of the report. 4) Caution* study and report to Car .cil era arses not
directly covered by the proposed programs (i. e. , compostieg, end commercial
mad industrial .waste reduction.)
B. That Council approve a Budget Amt Ord in the amount of
$15,120.00 for the two pilot programs.
Action Items
POLICY AND Ake COMMITTEE BY
qLUN S VOTE RE CIL RE
�'Q�'�$ �Qas�ll�l�a�iYl���lb ��Q �6
THE PROCESS OF HANDL. E YES TO CITIZEN
AND
TEE PROCEDURE CHANGE O
IA." ,g
JSSED its THE
7
TT=
POWE.�R PAR LS: iJ S�
AMENDMZNT NO. 3 TO CONTRACT 31103 --
AGREEMENT FOR. SALE OF REAL PROPERTY --
POWER PARCELS--1AMMOD Developments, Inc.
and Webster Financial Corporation
Vice Mayor Bros pointed out that .the aublect property be4 bean aloud -
bank parcael.
NOTIOI{: Couwzilaugaw gram u wuI, soommisir by cly, tit . i1
approve: tires Consent Calemdir lame' motion pew
ce . a vetao, Coommd 1aobaxt Withemopeon ssd .
mailman Or
(C :104:18)
NOTION: Councilmember Carey introdueed the following resolution end,
eeco i[ed by Fsasine, mound its adopfiam Co .i1:
SUMMON _4505 entitled "RESOLUTION 0* O:
COMIC Of TEE CITY OT PAIR A=' f IMUStagG
AFPRiCIATION TO samit COMM WOO
HER "
Shirley began amok for the City as * 11411Sng clerk in Utilities y
years ago. For the peat 17 'same oho ho do is date entry oecties. T
1975 .M primi4ed over the replaeement of sand penchims usablase by key -
to -disk She upheld bib eteadoode at p114.1c servtoo with
rte efficiency and pica in old hea.d weft,"
487
11 17I
LION PASSED: Tha motion that Council adopt the resolution passed on a
unanimous ;rote, Couicilmamber Witherspoon and Mayor Sher absent.
RETIREMENT OF LOUIS EACKM NN, JR. (CMR:105:8)
MOTION: Councilmember Passim introduced the following resolution and,
seconded by Benderson, moved its sdoptiss by Council:
RESOLUTION 5506 entitled "RESOLUTION OF THE
COUNCIL or TME CITY OF PALO ALTO EXPRESSING
APPRECIATION TO LOU BACHMANN UPON HIS RETIREKiT."
Louie Bschaane retired on Dscambmr 31, 1977, aftsx over 32 years of
service with tie City of Palo Alto. Re had worked in the Division of
Purchasing and Stone, and through his long experience was able to
bemwfit the City it its purchase of utility eatsrials.
Mr. Bachmann thanked tba City Council foe the resolution end plaque, and
expressed hie appreciation otitis fopmsr colleagues.
MOTION PASSED: The motion that Couuci1 adopt tke resolution passed on a
unanimous vote, CoCouncilsetaber Witherspoon end Mayor Shoe absent.
PUBLIC REARING: WEED ABATEMENT
Vie€ Mayor fire r announced that it rasa the time and place net .gar a
public hearing on Rssol tion 5485-deelartng sands to be a nuisance. She
asked that the record show that surge of the hearing had been given in
the time, meaner, and form provided in. Chapter 8.08 of the Palo Alto
M nicfpal Code. She asked City Glavin, Ann Tyr, If any written objec-
tions to the matter had been received. Losening that no objections had
been received, nor did anyone wish to be hsaad on the setter, she
declared the hearing c oaad. She asked that the record ahoy there had
been no written or spot objections.
MOMS: Councilmember Carey introduced the following resolution and
scolded by Brenner, . ad its adoption by Co i1:
RESOLUTION 5507 entitled "RP OL' OF TRE COUNCIL
OF TRE CITE OF PALO ALTOORDERING WEED SCE ABATED."
MOON PASSED: The motion passed oa► a unanimous vote, Commailmembor
Mftherapoon sod Mayor Sher absent.
MICKa Cooncilmembox Carte, to babel/ of the Finance and Public
Ikea*Committee* vowed the following fouvvext rsoommendarionz
a) Unanimous recommem4ation that, Council approve Sec 1 of the
proposed Amendment No. 5 to " to the pee -
jeaeta sad programs to bs implemented, mamaged. said/or operated by the
Corporation;
b} 'yr a vote of 3 in tom , 3...opposed. recommends that Council
Soction , 2 at tka proposed Ammedeomt MO. S. to *llov Usir.v4 ambers to
p:r* 4* office . alum wastages to time staff cf the consultant
ritbit requiring the resignation of swab booed h;
43
1/9/7$
c) Unanimously recommeede that Council remove the five-year limitation
on indemnification cf coverage, and es -et interim measure, that the
indemnification be limited to Colorado Park, Webster Wood and the Below -
Market --Rate program with the idea that thia issue will be reviewed in
conjunction with the insurance review in the spring of 1975, and that
Council can unilaterally terminate the Worse and indemnification upon
thirty days' notice
d) unanimously records that the Council ask the Liability Loss
Control Committee to give Council a report eoncsrning ramifieatioas, and
so forth, of the liability protection program of insurance for all City
volunteers.
Corrected
see page
596
Corrected
sea page
596
Councilmembee Casey elaborated on the four parts of the motion. Pe said
the Com si.ttee -had felt that the five-year limitation on the partnership
between Webster Wood and the Palo Alto Hawing Corte, for exempla,
was soniewbet arbitrary, and it also affected their mutual iade ratification.
Haas Hudson, president of tie Palo Alto Housing Corporation, spoke about
points b) and c) . Part b) wan an amendment to the current oonteact PARC
had wish the City, permitting up to tires members of the Bird of Direc-
tors to serve at interval,: on a part time basis, to give expertise
needed in administering the Below -Market -Rate program. Sylvia Sin,
staff for the Laing Corporation, required clerical help it the compli-
cated work involved in re -sale or sale of such units. About point c) ,
lfr. Hudson explained, the Palo Alto Housieg Corporation was liable to
suit, in suite of its goal of public service. The Corporat.t..ou'a hard-
working board members would be lie ie to au.it ;since PARC itself had no
aaesa ; r with which to daafend itaeif. .
Couincileeeber Fezzino questioned the necessity of the 30 -day notice of
ter iinetion.
C uaciimember Carey slid that the recommendatiou wawa for the City to act
as indemnity agent while PARC teed* inquiries about perbape finding
straight insurance coverage —the 3O-da y termination rotice obviated the
City a'beine stuck with that coverage," in the event elore suitable coverage
were found. The City was agreeing,' he amid, to indemnify $1000000 per
occurrance--the sane covaa ags the City had for Lte other operatics. In
the case of PARC the City fuss giving uaorel. baching.
Councilmsober Eyeriy said be did not think mil yeas quite ready to
set policy insoles es approving a payschedule: au audit of Colorado
Park Should be bald before PAUC expended its operation's; eases of Webster
block should be analysed; as *tali i .mod on lowe aed aeo gate -incur -
housing was os dad shemingtmersmch wads now within. the City sad there-
fore im&ieeting how much nave ems nesdeC an, ae it of the affective -
000*
at Lend bass ki 4 funds vno else needed . The City also had to ascertain,
in relation to the Comprehensive Ply, if amity coogovent with the
Plan's simee- He added that he did not support.PAHC board bore ming
themselves for their work ---he did lot wet to -set that policy, other
groups did not pay thenselvee. 11 nonbers fad they should be paid they
should perhaps step aside and let *there serve. He read the description
of PARC from the. Palo Alto :ids Plan: "%t is, ems indepeadent, non-
profit oreaniset. ie, mambas serve vitb ut pay." n addition to
?its Olvolopment activities - the Corporation its pvevided oonsuiteng
earv1Ce an housing to tbe City, medlar contract., : single 1970. She Sward
velbers nese no longer sharing to tb*t. end PAW ma mimingis ast3.ti
hudget items of endow a esew _$2S3, four' •tart two year* in
long, ss so s - suet of something over $400,000 . for housing for
rentals; if sense of the permit hardworking 'board members faded ass«1y
*hers would PAW be if it could.net mate enough ant osisarn for
volunteer help? W asked that the tb.s vete on ths emendnent to the
contract be divided; he mould vote in favor oZ, the indemnity but .g*inst
pmt for board . ors.
4
l9fta
Councilmember Fazzino agreed that Colorado Park should be audited; he
supported the idea of pay for board members who were to help with
clerical work for basses--market-rate units which the City had required of
:hem. He thought there should be a stipulation that Council should look
at the matter again within a couple of years. At present the PARC was
-doing unique work and he supported the Committee recosmen4ation to pay
those members vbo helped.
Councilmember Casey emph�esized. that only one-third of the Board members
were to receive payer --three memmbere. There• rags a precedent for it in
business and it was considered good.businees practice. Duties anticipated
Corrected at the time of formation of PARC had been considerably expanded: Section
see page 8 requirements, andbelow-market-rate housing were two examples of such
596 expansion. Counea,member Carey agreed that the aoutradiction between
low income and lost density had -to be explored, as wall as consideration
of high standards of architectural control.
Cocmcileerber Henderson confirmed that witfia eoatract amendment, which
was before Council (Part b), five votes wereneeded for passage. coition
to the recommendations was based on the. need for the audit and the like,
and also on the oantre io: i.oe of paying for that erase ostensibly volun-
teer irk. In 1971 when he veer a coup ilmoa►ben, and at the present as
retell, he strongly supported PARC. The newly required clerical work had
to be dog and having PARC-board members do it made the City combs nut
well ahead, Since chose persons were conversant with all the details.
He urged Councilmemubere to support all the Committee receemendations.
Councileember Clay agxeed that PARC beard members eould serve well at
those time of peak need; if the need pereietsd a permanent staff member
could behired.
r
Vice Mayor Zrennar said ehe was inclined to disagree with the idea that
it wee appr priate to pay Weed 14ombers to 3o the clerical work. The
eery should eacoguise the. needd for clerical essistance and provide it in
appreciation or PAC `s work. She thought the r City could structure a
situation ww,eze help would-be assailable to P e.HC when needed —perhaps
woman* who worked part time for the City could be trot%3 tc work soma
of the time in thnPARC of f lea, for she tight the need would recur
frequently. 4tae favored paying the board members, for the time they
seared as clerical help -on a temporary basis, but hoped a more secure
way coned be found as a permanent solution. She favored the other
rsscc+ssmmenn etionssb .
Councelmember Fletcher sea Sd ebe agresad - ► ith previeus speakers. The
clrt s work would net 4he ealr big Sterill job" end *be favored
someone* es,►. the. Cif staff helping- oet es, time of uead. She tbo gbt
having board members serve . for the to holt g was ''very of f is tent . "
Vices Mel= Jeanne: divided the motion into th sa four parts:
a) The Pi :e and . Public Woks Committee unanimously recce that
Council approve Section 1 of the proposed Amendment No. 5 to add "Webster
Wood Apartments" to the projects and propene to bs implemented, nenaged,
matior operated by PARC.
NOTION ?AMID: Part 0 iron aopsoved by sa . sync moue vote, Councilmember
Witherspoon amid lose Sher *begat.
b) - The Finance end Public Weeks Cemmbittes recom a ode that Council
e Section 2 ofthermmmeoWimmintiment- lie. 5 to.allow &wird members
to proved* offieekeo clerical u sat mace is time staff of the consultant
without requiring the resignation of gush Nstd ors.
AWSOISIENT NO 5 TO CONTRACT NO. 3526
LOW AID N =COW MOUSIOG
SINVICSS-•-rem • Alto lemedig Corporative
490
11917$.
MOTION PASSED: Part b) passed on the following vote:
AYES: Fletcher, H.ndszsoa, Carey, Clay, Frtzzino
NOES: Brenner, Eyerly
ABSENT: Sher, Witherspoon
c) The Finance aud. Public Works Committee unanimously recommends that
Council rove the five-year limitation on. iadasnifisat$. n of coverage,
and se an interim maesure, that the indemnification be limited to Colorado
Park, Webster Wood and the Below -Market -Rate program with the idea that
this issue will be reviewed in conjunction with the i a,au rance review in
the spring of 1978, and that Council men s ,at.rally terminate the
defense and indemnification upon thirty doge' notice.
MOTION PASSED: Part c) wee approved by a bus vote, Coamcilsember
Witherspoon and )Iayox mar absent.
d) The Fie and - Public Works Committee unanimously recommends that
Council. ask the Liability Toes Control Committee to gime the Council a
report concerning ramifications, and ,so on, of the liability protection
program of i> rnca for all City volunteers.
SON PASSED: Pest d) passee on a unanimous vote, Councileember Witherspoon
end Mayor Sher absent.
POLICY AND PROCEDURES WHMITTEE
REC 'NNLRD.S TO COUNCIL RE hI SAC
TT IEPOPT TO::`L
," s •r{ t, t :: 48:8)
MOTION: Vice Mayor Sreuner, Chairman of the Policy and Procedures
Committee, e, ittroduoewd the following recommendetions an behalf of the
Witte and moved their approval by Council:
1) That Council establish as a policy, in pursuing the goals of 8,ouniig
Program 18 in the Complebensive Plan, t h tt - the City will first attempt
to negotiate the 10 percent NMI units recommended at prices affordable
to people earring from 80 to 120 percent of the median income. Should
this alternative not -be feasible, staff vill.then shpt: - to negotiate
for fewee than 10 percent BMI unite at a furtlearrybdoeed price per east,
or.fer the unite that are sot identioai to others in - the -deeveloptent,
taming these e1teruat eso tine in -lieu: payment* approech.may be .mtAised;
2) That the City Council direct staff to asrso4 the.the.requivemehte of the
deed re triastion on MMI- ee lts to seenairthetsall.futute purchasers of.
OA Impale untti bear all closing costa tnsi d1 g ant per.,
tie00-24 vasak, s+ a. s as pact of the - pure a pride se tit . the same
*opts cf tire . purchess may be r sdad e r ; this cakes . pti oe ,for r fig
purposes:
3) Max the City CoXecil aiiSw. the Corporation to develop out a triad
bowie e flexible eltdetsesisdne moximmissisets, as. that greater
sane be allowed, wed the iaa aasre alloyed is
come apo r e rssa.d;
4) That the CitooCoumeil allow the Coopesation to develop with the City
Attorney a deed tee 1 Imams* its objectless that the
original buyers and all subssitussr: maim hasp their.units in seed
condition, am4 that the qemetion of- f+r dsal- iitb this Pagalleigth
respect to tae cursently in the housine stickle. **Weed in it #
and
491
1/9/7$
1
5) The; the.formal statement of communication to. the Finance and Public
Works Coeraeietee sap that the Policy and- Procedures Committee has, as an
outgrowth of their review of the SHk report, -discussed the proposed
contract amendment of the Housing Co rstio'.•. that will.allow board
members to serve part time for office clerical assistance during; certain
critical periods (foc example, in conjunction v1.tb the carrying out of
the E!!R process), and further, that the Polity and Procedures Committee's
feeling is that -this Committee senses the need: for such partetise service
being svaileble to the House Corporation, but it is divided on the
issue of vbetbrr_ oc not a board member -ought to serve in that capacity.
Vice Mayor Brenner pointed - out the
had already best discussed at
Public Worka Committee report and
the evening.
Councilmember Sanderson asked
ens attributable to Housing and
Vapbtali Knox, Director of PI
fiscree mere amenable other
refereed to the County.
the. last half . of . recosaoendation 5)
in eonnection.with the Finance and
recowmendations on Pi►BC, earlier in
if the 60 to.120 percent of median income
Urban Development, oz. to the County.
nni ug end Community? Environment, said no
-them the County figures,,that statistic
Councilmember Cam y. rem co the statement in part 2) whiff said that
closing masts sela as termite inspection wets to be sddsd. to the purchase
'rte.* on NM units. In conventional real wee business, he said, the
apprsiaar discounted such coats when apprsisisg the property for the
Loan. Purchase price is a factor in determination; if the seller is
required to pay the diets bm would simply skid it to tha purchase price.
That fact weld encourage thm lender to grant the 'vfm t lam. Council -
r Carey said be thought the seller should -be tequire1 to pay closing
co s; if he were so required it would be better if it were added to the
purchase pace. Ha - said that the objective would be. to obtain a maximum
loom; it ewe customary, and it works4 in that fashion.
Bey t Knopf, .Beard Member% MemberRalo .1to wing Corporation, explained
that one 'eeeon for stet' : tbst- the buyer would pay closing coots was
to incorporate the amount into the loan.. :Appraisers k ow. drat. the value
of the Belk propertypropertysee. such higher than: pri ; sue, . a first-time
burr, buying from a developer, normally p+sdd all of -the closing coats.
Then at time of bellies the selling +r was4scalized. PAC meted to
cgsthe customary wage cf doing it, so that the first -tile buyer wee
not penalised ash baed - b , the case in- toss - past . e :duple of years.
r Cseey asked if. it.vould not be .possible. for . some provision
to be souls foe. time ale Us! lir have ' dal recoverabie . since . ilia resale
would be Weer market pets*, lb* • amts ose .d be sdd d . to the.purchase
price. Pam, as Mk. Inapt - bet -implied, - t'bs . uuita had se.much h lgt lr
vales.. thinwas cliversedo tbs eater --rte- taken . offs ui4 that in
realisation of . that be. mites the suggestion- about.mekins some such
psoeRis3on.
Knox. =id. that. tbs eels price of a. unit we*. set at "... the base
da plats. the costa frlirriemg" and; le teelity the initial owner and the
seller of the unit mdlh get very little equity- farms• bevies held time unit
over a► period of time. If closine eta were, mot nerds payable by the
purammer tba initial buyer would alesest= be pooalissd.
A sa Clay Observed that if. t Byer bad to . pay chins costs
he would hove to hies mars oath, and the- past eat . tam . Ms u nite wee to
sake toss nice easily purchasable.
Comscilats6ar Corey said that it a beak had. a . rule that the . sppra1s d
• value. of a melt could not sweet t s pace. then . tls luopec old
4 9 2-
1/9/71
be. disadvantaged. But, as he -read the wording in part 2) the closing
costs were to be part of th pure tsae price.
Vine Mayo: Branner sa:_d that Council could vot* on the four Policy and
Procedures Committee recommendetioma together --the matter raised by
point 5) had been voted on earlier tonight when Council discussed the
Finance and Public Works Committee recomendationa-on the Housing Cor-
porati.oa's contract amendment.
MOTION PASSED: The four recommendations of the Policy and 2'roceduros
Committee passed on a unanimous vote, Councilmembez Witherspoon and
Mayor Sher absent.
RECESS
Council recessed from 9:00 to 9:23 p.m.
SAND -1111.:. ROAD FORMERLY WRI.I.CtW ROAD
pows PR maws
one ieua r�
Vice Mayor Beer said she recalled that the Public Hearing on Sand
- Hill .Road had be oloesd oct Deoember 19, 1977. Counnil we* now dis-
cussing approval of a resolutiron whinh determined that pubic interest
and neceseity required the acquisition of certain lands, and directing
the filing, of Eminent Donsin ptocandiuiga. The sibjent then, dealt with
bits of land being vacated and others being anqui..ed.
auncilmembet Carey satd ha would not participate in the discussion at
the present --alter eteft comment and p* Win debsta he would like to mare
a statement.
Ber4 Pawioaki, Ducat:tor- of , Public Works, asid. that the steff report
recommende that thisCity Coun il 4: * ?r:o: i zs staff to acquire percale in
few simple, and, towerd that purpcse, pass -the resolution authorizing
tminent Domain. ID the avant that the neas+eeary air votes are not cat
in fa -4-o , the ado -Kt amt doeirsble section would be to enquire tbe sienna -
Parry parcels for roedway purpoeae as suss t, end two parcels for open
space, and that the adjac at seventh parcel _ be acquired in fa* simple
title -
DT. Nanny Jewell Cry, . 1402 Palo Alto Way, Meolo Park, rsprsseeat ing the
Committee for Sate -ann _ Bausibie San P nodes sit.o Crook ,Arm Routing,
said that Council now had decided to recemad4ar whether public,intarest
and necessity require tbs 'inquisition of sixtem sorse outright, and
.365 acres s by r ease et of Stanford ord University hlead. e sixteen en acres
were for rood • it, the .365 Acre* were 3 bicycle paths. She
objected to the propaa d bicycle pathwhill mixed pe%daetriane with
bicyclisto. Paleent Wired two - eat- tie elm voters on
Council. she said two questions related co the Iminent Dowels pro-
ceedic thor the "public interest and necessity" raged the Send
Rill Road pra„tect, sad whether the project ma plied in the yammer
coepetible.with the trot public good, lend Least private lrJury, and
if the property to be acquirrd wee necssaesy for the project. She said
"hundreds of people have petitioned for aInwitomentel Input Report
MR)" one utich Plate I (eye) had not to date been reppvtad. Deflation
of the project bad continually been shifted. and that shift.ing denied
people the wit of s California tavisnumental Quality Act (C144)
repast, She mid that unleta the questioca she hadraised slows wee
anowered,: i a a) di.4 public interest mid emeeeity require the prof eat;
b) was the projectplanned in a way to gives g a s public good egad
lent privet* injure; sad a) . if tbs prase to be 'squired vas 11040111-,
eery, rise those same queue were ameammd i n . t e - affirmative, the
bible vote on the resolution, in her opinion, mould be s "no"
:4 9 3
1/9/78
vote... Sha3. oh j attic! to. Counoilnambara Caxsy, . Henderson and Eysr1y
sitting on Council during the procass: ott arriving at a decision on the
matter, for, she ttwught they had confliaata. of intareat.. She added
Councilmember Fassino's- natieo to -the list. Stanford Univareity, she
held, was the• .axle landowner • involved, and upon rsadiag t :a statute
regarding conflict of interaat she eoaciuded that anyone who had an
interest in. Stanford or who was a Stanford leases, had such a conflict.
Councilmember-Eyerly asked . Dr. Cross on. what . bass sbs . c asaif ied him as
having a ronfliet o"- tntsrast.
Dr. -Cross asked if she could direct soma questions to him.
Vice Mayor Brenner said that the pres*nt meeting did not • psrit cross
-queetioning of Councilaambsrs.
Dr. Cross said -that -.ha did . not thank• Cou cikee bar 8yerlyr had made a
fuj:l disclosure on the public veuerd of all matter* relating to the
project. She thought his anauexa to a few of her guesti.oas would bring
about -the anewer- to his question.
�zM cils er . Eysr1y +said the: he &seamed Dr. Cr *ac" did . not wane to
brig upanythinspecific at thia-publie meeting,
Coencilmember Fazzino regretted prrcl onagiaag the matter: ha aakad that
Dr. Cross utate fear; - the rsoor-d why he might be in contl ct. of interact.
Dr. Cross asked if Councilmes6ar rataimo . were not in a asranaaeataeat cap. city
at P.Aw7 ett'Faciard. Learning from him that 1119 was an employee, she
continued: Hewlett-Packard had inter lock $ directorate. et the present
time with Stanford, H -P raised funds for; Stanford and was "intimately
a►tely
connected with Stanford -in the= meeago* t:" Stns thought that as an
employee of a lessee COU2434,13161%4417C Fan a- carne within tha prohibited
financial int*rest, accoeding to the smote- stat ate. She ';ad quite ad few
opiaioos, she said, from the Fair: Political Practices Commission (}'PPC)
Couecilmerber Bandana/2a asked - Dr.. Crass to • state why she thought he vas
in . conflict of, interest, far the record.
Dr. Cross aalusd if.it yeas net 4tue that C.ouncilmember Benders was
business -manager foe tha Cantor forforAdeemeed Study" in the behavioral
g ciaeacaas, a lessee of Stanf oed . bec.iving ea.affinaative answer from
him she cbu € S.nued :. thiossoa.oattaxs that apps to Covecilmeeher
Fast, am. . appp3„iad as well- to; ilmemb er meson. Campus Drive
eateacioa, ohs- said, had been put .imm- particularly as advantaseous to the
lentorPritie • for - Vim er Bondsmen gawked, and that tha project
ect
wo91d 110t naceaeartly have reeate rd hie vote bad -Campus Driv. - sot been
is the praojact, foe Campua Drive extension had . aot . brew germane to the
ides.cd radio viag congestion oo tail l Road.
Vice -Napa Brenner said - robe thougbt the matter had . new. bwan covered.
Councilmambex Renderaos abaid he ws .tod. to. add that be . would have to go
out of hialamy.to ues,Campua" Drift atstitenalee as *. rr s to aid from
work.
Alicae" S.,Smith, 42.84.LeeePelas Cirele, - ate . b.s .=morn lay with the
matter e. Coosaillosobar Keay' or panlotystOloo, 11601,41110,OokalodAdSlodo
ems sitting in ea the diatusadote at r ?Pasant tins. a. is a genersi
partaar, *he maid, - as lasafD int.raest in as ty' 1' mould be
of t.ctM by s. tkacialos to be wage that foosalog. Sbs . had - a copy of sac
IPPC letter, is roopoosoL+e d 'City Attoesay'sAl000tios about Council -
saber Caesar f s` pooidlas: aooftiot of " Utmost, bet she did - sat /mow what
questions had . bay asked of the WPC, or how their had bin pbimad .
gb4
11!17*
Even if the. FPPC did not require.that a. parson who eras, in ber• wards,
principal and a leaseholder within the steal" not. participate in this
natter, the principles.of good government would require that a person
not Lnv 1ve himself.
tta
Vice. Mayor Brenner saidthat t was- boat positionthat the project itself
had, indeed, pasaeed. The merits. and d merits- of: the project, so far as
she was coacasaad, wee. not being dissuse.d further. As . a member of the
Council she abided by that Council decision. The condemnatiou procedure
was being diacus id- that evening, relating to. tba.. fragm ate of land as
marked oa . the aequ stties diagram. before touncilmembers. Parcels 1, 2,
3 and 4 totaled 3.41.8 acres with a cumulative value of 4422,800 —real
value ler real lad. Strips marked for dedicationacross tha.road, bad
siso been given a reel value, also for real land. Vice Mayor Bremner
said Palo Alto's hand vas going for free, but then► . othax - land wan to be
paid for. She did not accept the idea that Palo Alto shouldcontribute
nearly one-half million dollars wortbt of land, . so -that time City could
pretend that - it wan staying within the estimated $600,000 -as its share
for the project. She thought it should be made clear - that Palo alto
taxpayers. were paw $1 million on for tba project. 1t . bad . been *aid that
those psopertims had no real value, but, she . said . for purposes of illus-
tratian, if-the.five foot strip at tho front of her lot or. of oars'
properties, rears vacated by the City, it'would give . about 370 square
feet, 35 percayt of ehlah old becowe buildable. 1t would . he equiva-
lent to- uother roam on a house --a real value. Thoes. ettipo of lend
that bordered Oak Creak Apastments and the 45 *tree adjacent could be
aesumed to enhance the buiidebie state of the partials. She could not
vote eitheo for condemning or paying for strips of land on the other
side of tip load until she. felt Pal Alto had -received equity for its
holdings. She would propose resolving tha dilemma and. also meeting a
eutuel goal in the following way: the fragments totaling 3.5 acres
could be tonsured equivelent to 3.5 sores for Palo Alto's land bank
which prooided Iwo to moderate --ice. howeing. It Gould become an
additional element, is 'respect to the 45 -acre parcel, . aver . sort . above the
elemeuts already negotiated. In that way, 7.73 percent of the 45 -acre
parcel would he tor low/moderate income femilisa. She _ felt . that was the
ooet desirable possibility; it related to some of . the lam -paying jogs in
both shopping caster and boapital. She invited Cou c31 aseibeys ` comments.
Csaui car. Byarly sails' .tom understood . that tho pmr sae had been vstued
in dolls only . for paws. • cf proolaiming Beinent D mei a. Be did not
think it ems. possible- to take the levee lam, - Btanfordv . and demand
more -from them than foam other developers, - +coo, se d3 to current
City policy, old beasked to set aside 10 percent for lam/moderate
housing
vice - lades koesseeeoloso the .anther - . Agaa,4 be to ray "].and-. for land"
and a- like amo t•., t tb other
si o ooi �..�oaad,,�se uldwbbd-` ributed.
alt that would kf . Stan 4.• 3500,000 • 15hatt •. oa O. Sb5 V*4
not paths. to argue a i tt ao—b r p e n . saes - ba ss4 . =Al a matter of
equity: the City's holdings', in her vise, wese • is be treated the saw
my as St ord'. s land.
%en Jas, bead counsel, eel Council -vas fir®that tbs hoar o
.oscatleig the subject *tetra fit`' load bad been. + plat 43' 19;
CWomoll had sedated tbst these strips be wed. The atzipe.vere near
private property eubject-only.to easements r+ets sed-lot ezietiag and
t snare utility. 1. w If, by moue pssomees Cowl dote re deed that it
v abed to saado that test, . . Be stepped t; line of thought and
asked if the proposal was that the vesetioi of party be abeedoned.
lice Mayor Sumner said.thiet.stiessesiint withthe City Attorney on
Jlemery 6 led be- to bra# s ieuet tee bed not.yet been osespleted.
The Issues to_ brut, vele leett..ai of veaelodees bowowort se mesh a4 of
sue. Sho meld Beal asses ssti.Uio6 if Palo Alto tot .asrs. lie Bid
443 =
1/!/7e-
out of . the rota :. vacation. procedurip-«i ..c plan. would bsuef it the public,
Palo. Alto,. and, Stanford. Such a aeso3.utioe would. makc. her_ fnoel• better
about "going ahead with thispsrojact." As long aa. Stanford. hold the
:..and, the density afforded by the land did not. accrue . to Oak Creek
Apart. nts. Sha did not want that to happen. If that acreage of 3.5 A.d
accrue to loo/moderate, inco®o towing laud hank, until. an appropriate
funding psogsaa became -available, sbe: would. feel some of . her. conflicts
had been. resolved.
g n Jones summed up. that Vice - Mayor Brenner was saying . ahe - wanted sa
agreement from Stanford that they would provide some form of additional
cooed ;anon. to the City in exchange for the City's. contxibu'iion of the
proceeds of the vacation to the assessment district.
Vice - Msyo Brenner agreed, adding that rather . than . saying it tame for the
City she. mould sang. it: was. for the -general good.: of the public. Land
banking. ors• not- are acquistti.t of the City, but. for. a. pragram. the City
paramod, . aand. that rather successfully.
Mt. Jonas. said hdcouldnot comment; it gas a question of whether or not
the City and Stanford oeuld get together to - work cast some . kind. of accom-
modation modatiaa. Farr. the City to savoy a direct financial benefitfrom the
vacation Imagoes would be to reecind, or revoke, the - provision in tha
Engineer's report, vhi ch- had- been improved, for ; -tbo contribution of thc
value of tts vacated parcels to the assasemant district, thereby hold
the assessments sac th ir. present level. Zf thatAeteraination ware to
bereversed, in whole or in rat, it w d- neasasitato increaat.iig the
sesessetenta in tha as,esam .ut district in: order to raise theadditional
cash. Nov the, value of than easements had, been charged - to. the. diatrric' ,
but the proceeds wilich would otherwise haavo boas. contributed incast* had
bean contributed back, therefore keeping the aseass antar attheirs present
level. An explanation of why tl .W wa.s. reomeendad had bean - given, and
could be given again, but that :.s= tho- battams=-lino- result."
Vic. heyor Bremer wad- she al,eo had thought it bet not to -upset the
asmite=mento. &a they ware --mete had thought -of the matter of equity
and public good.
Councilmanher Fassino. oemttod. Vice- M*nyor Brenner then thought of
7 percent of the 45 -are parcel as-geing:for,Lewilmoderate.income housing.
cosatfiuued: Steara.fcrd had agree to abide -by the Comprehensive Plan in
regard to houeing, that.la, 10 pescasat for . towlrsodaerate . incoa a. is -,acing.
Vice Mayer.Brenner . said . she tit that use be rket-rats . housing,
a different natter.
Coumaimabber said. the• rasalt. would bo. abet .17 percent howl
haiowsaarkaet oeta, with. 7 st 3hs- itpossant:Issing-Lawor.in price.
iTica . Xayor Brenner maid that 17 percena.ame.ttill u r - tbm previous
goal of 20 Pert • i t wam-ast.an.unzaaaonsbla figure. Both
Lytton Gardena and W a ' Vcod mama a,3ese. to- 3.3 . eeo—a magnitude
with which the City was familiar. .
Councilmenbst Farasino.vas - coracecmod that - the - matter was brought up so
Iota —did Stanford - ow fain - hoc.proposal? -
Vice -for Brenner r e sti she . had./e4 thee es . stoat . eits.wes•going to
propose.
Cauuoilawahas-issisonowoompasmd.Stamtoad!* . end . the City! s . landirovosrsbip
f3 tuatis aeu 'tangoed . t he . l . . +a - a iaite mac
mlus— 'hL tity. bad. the 3.3 " ssd- is • bast~ - aseaey bad - swat chandad
hands so that.tha..City.osuld ponies ir, sad.snd.tts valualmma.a4paohkseping
value. Parhaps.ths spaseAawtmm4 the Clity,peping.$600,000 for the
Send BM tmemommonsts eve- $1' t1,lis*? - -
496
1/9/76
Ban Pewloski, Director. of Public. Works, . sieLd tbe parcels had .been dedi-
cated to the City LL' ceaaecc.ios with the development o1. the- Oak Creek
Apartasnts, trd so the City could net be said. to have paid for.he land.
Couucilrember Hendeesosa asked if hypothetically the land . could. have been
sold by the City back to Oak. Creek Apartments.
Mr. Pmvloski replied. that. in. otbar abeedonmenta, or vacations, . that the
City. had- bad, as with .tteet. sight. of very tba property reverts back to
that• pr.perty to *blab it eras joined; and -the. City eras not paid for it.
Mosey had not changed. bend, in the past, to far. as he knew.
Charles Walker, Acting City Lager, said -the City, if it received money
.in such a try, received it fear the, pcooessing, of the transaction,
not the value of the land.
Ban Pevlaaki added . that tbs. $422,000 value men a pout of a bookkeeping
function — y in slid now out, and it did.not represent cash outlay.
Councilmember.Hendereon said that as he mmderstood . it the . City was not
"giving up" lasted that sesybody would pay' $422,000 for.
Mr. louse, bond counsel, said that some vacation•seituat:bonae.r..aulted in
public righte being removed twos vacated - property, ..saving - fee title
free and clear of the public right. Ors could argue. that . the cost
(value) of the _ v.cstics should be ase.,eed Wick assiust the adjacent
property. For example, if the € .k Creek Leese e tended to the line of
the current right of fir, including the 811444 abandoned, then the abandonment
of the public rights sight have some value beeeeee :hair leasehold would
prick it up. But in this csa* the leaaehold otescriptione ran to the edge
of theright of way as it existed before the v7 tion. The result of
the vacation, then, let an .isolated strip of land, with fag title
invested in Stanford, unoncumbered by eitherlease or public right of
wiry. Under those cireaaeetanoas the bood counsellors did.not fuel the
assessment could be pl seed beck on that sad jacnt preperty. . Chas could
imagine putting &n aseasement on the strip itees1.f, for. it bed been
relieved of the betdeo of a public easement, end.ceuld be - said to have
o oefited by the pry. But if that ire dame. t e•va3.ue placed on the
public rigistsof meT would be virtually fell velem, and a.comfiscatory
esseemmeet would have bean levied against them. Thosa. tossideratiosaa had
led to their proposal that the entire dietrict he charged . fer the cost.
Lather - thee a arm. bao.git a ag to the. City feat - punt for
property they bad met paid fat, hood coomeal - ecommended that the
assigned , .value be. sostribaeted beck in the tookkeegingamethod they bad
deectibed.
counuilmenkao. itabieouna. astroli if - itc eight ant be possible. t , Stanford
mould rewrite- davit fib- disk Cteek. *44.• , them the additional
tnollmirtl•
Mt. Jones isid dor maths ceded• bot , the.tmaseectiom.woold.not be fame
and clear - of oasts tor the s pa bed; tommaseeesed,mad omommbered vitb
amts ; which also isuluded. the right f y , asst— mach sea they
had tiaraght teasoeemb2a. a 3 proper mast the.banefit tommaln. If the
lassomere.remnegotioted it would still reault.in-either.dtanfotd or Oak
Creek paying thosesesemeat put on the rstripe it mould mot ; be "a fro*
ride." Also, soak a noncvetal4 not put sot ommoy.in tbs Ci_' ►' a pocket
or predeme any gametal bemesfita to the City. .
Vice MOlom groomer &oka ri for the amebae. g1*. tom! tket . the motion
be separated sot ►t- * c'tl. ; thauteadaide-ko-losted.ow.esperate
from these pascal* whisk ewe 41": diL t .- Herat` rs
1I (to) be mot. She set- tai s&ahs ate an . t *att� Q
�'. t aamr description oilthe diffaseeeee- baf seen altmtaativ es i, II
sad III. .
.497
1/9/7$
Ben Pawleeki, Director. of. Public- Wov1u, said Alternativs. I recoaar:.ands
that parcels. A. through G be aaquired' in fee. maple title. Those parcels
• were acgasisitioned for roadway in addition the Open Space parcel
north of the shopping center and the adjacent sesysrance parcel. Along
with that would be acquisition for easements for pedestrian and bicycle
-pathumLypurposes.
1
1
Alternative II differed in that the severance parcel adjacent to El
Camino Real. and north ot. tha shopping center totsathsr with the Open
Spaces parcel, • rasuld be acquired in fee simple -title, the remaining
parcels to be Acquired' as saseneets, togsthsr vith parcels for bicycle
and ply purposes.
Alternatives III proposes. that all parcels bs.acquirsd.a:a easements.
Co=aailber. Ey*arly - askad if. the coat - of the land _ ux der Alternative II
weld be. tiro; saws. as• that- •oat arrived- at- through the Eminent Domain
process.
Vice. Mayor Brenner reepoadedthat staff had . said . there was . not mat.:,.
difference- in the two so far as mot. She. emphasized . that she . had many
rviservatioas about the entire project= but- she accepted that it had
already been- *ppvovsd by Ceuasil. She could • not vote . forcewd mnetion
so ' loug. ass a public- interact could mot be manifested . relating to her
earlier. discussion. However, het commitment to . a . crsekaida park wab
quite firm.
Cnuncilm tuber Eyerly said that he had ask*d about cost because. he thought
the City might have difficulty if the assessment figure.* did not remain
the sae through either-covieemstion or eseeesats. He UM.ght that if
Al tarnate. 11 were . roved it would be on condition that . the . f igi r ea stay
the same. If -the figures, did not remain the sane ataf f . would have to
return the.matter to C,oumcil. He- also *trimmed that to .him . easement
meant easement in. perpetuity --be esq bssissd, that. He suggested that a
vote be. takent perhaps voting fleet on the Copan Space pv .eie of G and
D-2.. He understood. thoseo parcels . would have ' to . bs Eminent Domain -
Vice Mayor Bret stated- she could not vote against protecting the
public interest in linear parks, aloeg the She *aid it .had been
suggested to her that tbs• prspeeal eb. had 3ust . placed . baefere Council
could solve the dilommileMesit ending tbs . Assessment Dts.tr'iot. Vice
lteyor- Brans ear ersp3•aiasd: heat the theust of - bar . suggested cti os. vas that
as long. as nobody. had• p1»! d. up so.- sae idea, she tit vas a good
one, sbs. veuld not. bs interested tae vetimg ler easements alone the road.
Couscilmerbor geodsrsoe's vuarstemdiog ryas that if s. aerctio •veers made
to adopt Alternative I,. Vtea Mayer ITOM vas would va ts. against it; and eo
there still would not bs- tba metemeery smut votes. . If • Vice.HHayor Brenner
coacerded that tb. p►rojeot b = .en appeeved_ and will go-faxwerd, then
Couer4imenkar- iteedsraoamated to knot► v bet advantage she.saw in acquir-
ing sasrmmsots. fer. the miedmay isthsac tae • is- fee . mile title. Vice
Mayor aseemerreavended she rem Acct voting- far- sasemente.
Couracileembsr Henderson remarked that *lac* Vt os. Mar . Brenner bad
conceded tbsprpieet.mould . he built, then it,eeemed toihte.that eta vas
the individual salami. dm deelatien se to *maim the land . would be
Obtained through tee simple title ash y• saasasmt. it Mayer Brenner
pointed out ,b Caul. veal bah taro- decision.
MOTION: Conseil 1es • Feeada s windy - snoa sold by se ly, that .Axe tits
II of ai07:8 be adapted as the see se *testiest, ear foll :
. A. Acquire. Parcels. A, B4 • C„ B•, - F sa►..escheats. oisseription
for Pameat lid. vani,4 b0-4- t0 eaDGavde the- ssveremce
• parch uostb• of • atbe oberring canter Adjacent to - El Camino
Pima;
*98
l/!/7:
B. Acquire Parc ets. A=A through G -G. as. easexersnta 2or - pedestrian
and bicycle pathway purposes;
C. Acquire • Parcel C (tire 31 acre "open apaco" parcel. north of the
• snapping. csntet) and the adjacent severance par -sal is fee
simple title.
Councilai bar Byerly. said. that if this motion passed, Council could than
racooatder sad take action ea Aleertutivs I.
Councilmember.Hondemson stated that . if _Al-tasustfve I failed, be road
supper Alternative . II; and he failed to see why • it wee necessary to sake
a declaration on II, go to I, and then come back to II again.
Councilmeeber Perrino epesaed.a-desixe.fiast of all, to pass what
could. be- passed; . and - if . et that- point=•the:.sib - abs'od, he xes
rilltng. to: zaecoeai.der those things already- sppoovol.- .At -the moment,
Counciimembex Pszaiato. bs7.i oval Alterastive II wee 'shat cxd . bee passed
considering -the e - who . woould . be voting.
Counc ilasrsbsr- Fletcher . wisbsd to . make. an . amendment to . be certain that
Farrel • D•-2 . wee -included in , Alternative II.
Vice• )(aa Brannar . caned for the vote . on -Alterative II C . and caid the
two prtala. to- be. voted upon 44 dedicated. park! sad were Psrne s C and D-
2. Council bar Fletchesr's concern use that Parcel D-2 use not listed
on Fags 2 of the staff report. Vice MAyor Brenner concluded that Council -
member - Fletcher Was correct, and those were th4 two - SaVOTIMI44 percale.
MOTION PASSED: Alternative II C, including Parcel D-2 passedon the
following vote:
AYES:. Brenner, Clay, Eyer:riy, Beadateon, - Fassiue, . Fletcher
NOT PARTICIPATING: Carey
ABS : Sher, Witherspoon
Councilmember By+rly, eloaveith,Coumeilmember Perrino, precumed that in
the motion for. Alteirmative i"1 tbs. oaseemmemt evolved *t under
Alternative I meld remain the same.
Vice. Myer Brenner's umdstateediag wee.thet the staff would cuss bock
wt&b similar mnoonta, but that they Weetili UM., to be refigured
Tic. Joon clarifsd .the point by saying that . if - Coumit t s , ultimate
determination . is to illimp,ire ommenteto-alomp.tbs.proposod - read instead of
tee.pitle4.thon it mould have to he d - the - a rc
vhethor that
change
in • the level of a go result
��i
,„h�„ in v for for the �. fee�� `` - �t . i a 1 the City
old' he tn positionof p the tits aesoired era
worth. Explaining further, Mr. Jove, said that if say chew at all
tested . in a loess -figure. thus remelting- 3a. a .lower mast for al
the property . oamemov.thatopedistrtiombieeJeould.not be recommended the
ski uuleea.ead,until.thwhids b ter t ti woe% ,4di
rn . vo �r Wes the ft corgolottion costs, mmd e • .
ether omots-would be memilahle se dist a"tereimmessiotieszeol4 be mods to
Conseil to reduce • nests, bowls se maw hei bee* sewed t i the
acquisition ;the work bid' mese • right en . target.. guererialog,
. 4omes otatod that if there im s L'aeitrstie% as,* result of the Outage
Couocia wee new cone. lags that refeotion should be -by Cowell
Lk all oi. the eseesemouto witD t' f +tD . a-nooropoojedialal
e ' i m other verde.: the the other hem4,0 Paemalag. tbeleedmotion
mhos place*, if-themork• bids moms in Mem there id.l1. be. the problem
of making up the difference. Council would then be faced with either
having to contribute more money to the project or increare the assess-
ments. Mr. Jones concluded by saying Council's action tonight would be
taken as direction to make firm final costs of whatever rights counsel
is ordered to acquire. He did not believe reopening the assessment
district hearing and reconsidering the project was what was being
discussed.
Councilmember Eyerly said his point was that if counsel carries out the
direction decided upon tonight and there is any change, that would be,
brought back to Council for approval whether the cl.ange be higher or
lower.
MOTION PASSED: Alternative II A and B passed on the following vote:
AYES: Clay, Eyerly, Henderson, F'arrino, Fletcher
NOES; Brenner
LAETICIPATING: Carey
Councilmember Carey stated that the reason be did not participate earlier
in the meeting could be found in the letter from the Fair Political
Practices Commission dated January 6, 1978 and addressed to the City
Attorney. Hr. Booth had requested a ruling as to whether or not Council -
member Carey could participate in the remaining items of the Sand Hill
Road ;ProjE..t. Councilmember Carey quoted the following from the letter:
"If the property for the road is not obtained by eminent domain, you
have stipulated that the property will be obtained from the University
by purchase or easement, We assume that the manner in which the Stanford
property is acquired will not foreseeabiy and materially affect the
partnership." (:ounci.,lmeriber Carey explained he had not participated
because according to the letter there was a condition to his participating;
namely, that the property will be acquired from Stanford by easement.
And that is now the fact. Council, without his participation, detea--
mined that the City will acquire the property by easement. Council has
act yet determined the issue of acquiring property by eminent domain.
Councilnember Carey said he had no economic interest but assumingthat
he did, he was left in the position of being able to vote to condemn,
Council baying already agreed to acquire the land by easement. And that
was true because now, according to the Fair Political Practices Commission,
he no longer had a conflict. However, staff has just reported that if
Councilman Carey took that sction, he may well increase the cost of the
aeeeee t; but that is not a conflict,revenAhough4Wis an ecorssolic `
detriment. Councilmewber Carey commented that was an example of mow
peculiar the lay was, but the law did uot distinguish between an economic
benefit and an economic detriment. He added that one who owned property
iu the area under discussion and bad an economic interest in it would be
for better off making no further motions at this time and letting the
property go by eat t,.f, in fact, that is going to cost less. On the
otter hand, Councilmember er fey was not ye that would be the ease.
The staff report etates there sherd be "consequent little reduction".
The ruling from the Fair Political Practices Commission says, pertici-
potion on' his part would be acceptable if there were no foreseeable or
soaaterial effect - up or down. So Co* cci1menber Cam's dilemma centered
around wbather or not there would be a foreseeable end material effect
,
by a shako now to condemn, Council bovine already decided to acquire
the letnd by easement. He did not knew if there would be a material
offs t; but obviously if there were any, it would be beneficial cial to those
owns. d en -Welch Road, to which Councilmember Carey we, alleged to hare a
conflict
Coencilasaber Carey continued by saying thet since the deed vas dons, so
to speak, it woad he simpler, epler, cheaper, and f sear leans work to so
500
10171
and condemn the land. He felt Council had an obligation to get the
whole process over with as cheaply as possible but expressed understanding
of Vice Mayor Brenner's stance because 1e understood how ol:posed she was
to the project. On the assumption that there would be no difference in
cost between condemnation and acquisition by easement, Counciluember
Carey said he could vote that issue. He would leave it to staff as to
whether or not there is a difference, and perhaps the answer to that is
staff will have to go and find out. If staff finds there is no difference,
the natter could well come back to Council. In Councilmember Carey's
opinion, if the project is going to go forward it would be better to
have the fee than the easement. He felt staff would have to get that
specific answer before he weu1d be eligible to vote. -
Councilaeaber Clay assumed that Alternative II might get Vice Mayor
Brenner's vote, and he also assumed from the staff report there would be
little difference in cost in going the easement versus the eminent
domain route.
MOTION: CcuncilAember Clay moved that Alternative I be adopted.
Councilmeaeber Clay believed this would be the simplest eeute. When
staff gathered information, assuming the 'cost would not be aatetially
different for eminent d.vain compared to acquiring the land by easement,
then Council or Carey would be able to vote. And such a vote would
be invalid only if there were a significant difference in the coat of
eminent domain compared to the easement approach.
Councilmember Eyeriy understood Counciimember Carey to say that in view
of the fact that Council had instructed staff to proceed with the easement
$pp •oach in Alternate 11 and to substantiate what the figures would be,
that if there were any change, then he would not feel free to partici-
pate at this meeting if a decision were made to go in favor of eminent
domain proceedings.
Counc:ilmember Carey confirmed this understanding was correct. One of
the conditions of his participating had been satisfied at this meeting.
The other condition is that there be no materia?. effect on the a3ter-
native method. In listening to staff, Councilmember Carey did not hear
absolutely that there would be no material difference. Until he receives
that information, according to `:he letter from the FPPC, Councilmemeber
Carey concluded he could not participate. When he does hear that, then
he would have some options.
MOTION 6illllflLJ 1: Couocilmember Clay said be had made a different
interpretation, and he would withdrew his motion, which had not been
seconded.
Vice Heyor brayer fisted the possibility ot roc isidering the action
taken, getting the information that would help determine if there were a
material difference. and giving Stanford a berm to consider the alter-
native she had meted whereby the roadway could be dedicated. If
Council wished to continue the item, those details could be encertaiued
and the vote repeated when the material was back to Cecil. In that
way, Council could arrive at an emieent domain procedure if it preferred
to do that.
Councilmember Carey noted that Council bmd essentially finisbsd the
project. - The my it was finished requires staff to find out how such
.tea, if anything, ease t,e would be worth than fee title. If it is
loss, . they will proceed anyway. So if a motion is made to reconsider
the whole setter, a condition of his participation will have been
removed. Also, Councilmeuber Cary did not feel anything will have been
accomplished since staff has to do exactly the"same work whether or not .
the mutter cows back to Council. According to atsf f's Information,
Cowncje:r Carey uey than be able to vote. As - further explanation,
5 0 4"
Corrected
see page
596
1
1
1
Councilmember Carey said the law states that as a condition of his
participaticn, Council has to heve agreed to acquire the i.and by ease-
ment. That is why he did not participate until Council had accoep iehed
that condition. If that particular motion is continued, then the FPPC
condition is not met; and Councilmembiar:Carey: would 'once agaiA not'
be participating.
eounci?mesber 9enderson suggested stopping at this point. Council has
approved the easement situation. Staff will do some investigating as to
the dollar situation, and that information will determine whether or not
Councilmesber Carey can participate. In his opinion, there was no point
in undoing what had been accomplished since if that were done, Council -
member Carey would not be able to participate.
Vice Mayor Brenner asked if it were correct that C,uncilmembers could
still consider other alternatives when the staff came back with its
report. Councilmeeber Henderson agreed that that would be his assumption.
Councilmber Eyerly pointed out that Vice Mayor Brenner's unwillingness
to agree to eminent domain proceedings would cost the City money since
the staff 'would have to do soae extra work. In vie, of that, he wondered
if Vice Mayor Brenner would be willing to reconsider and vote for eminent
domain proceedings at this meeting.
Cc'unci1aember Clay asked if staff had any idea bow long it would take to
gather the necessary cost data. Mr. Pawlaskl responded that he would
need to talk to the appraiser before he could wake a firms reply.
Councilmesber Clay was thinking of when the costa for eminent domain
were compared to the easement approach, and when the basic question was
whether there was a material difference, there would be a cost involved;
and he wondered if that cost would be considered in the cost of going
one way or the other. This might maw a difference when Council was
discussing the difference in costs for the tiro approaches.
MOTION: Co ncilee bcr Fletcher moved, seconded by Vice Mayor Brenner,
that staff prepare a report regarding the items mentioned by members of
the public earlier in the meeting, regarding a four -fifths vote when a
public interest and necessity requires action, and regarding whether a
feipplementel EIR is caviled for ender the term of the Environmental
Quality Act.
Vice Mayor Br+ er remarked she would second the motion, but
if the staff were not going to volunteer that inforeation in
With regard to CEQA, Mt. i'aewloski states : there ems an answer
questioes raised at thie meeting, and it was attached to the
the Cecil nesting of December 19.
she asked
apy case.
for the
report for
Cewncilmehar Fletcher felt there were issues reised tonight which had
not been mentioned earlier. Mx. Fewloski responded that the issues
raised at this meeting were discussed earlier before a number of govern-
mental agencies. These bad been resolved and the letter from lid
Counsel included in the staff report of December -19 answered citizens'
qusa tious .
For the be efit of all concerned, Vice Mayor Br+eraer reiterated that
according to staff, questions raised at this meeting were answered in
who _fir 13, 1977 letter from Wilson, .Jones, Morton & Lynch.
e!ca Bootle understood the question to be the applicability of Title XIII
'0 the Municipal Cale. Re poirste4 out that Titlw XIII is one procedure
;f ,r certain kinds of sssesaeseeeat districts; and that Section, under some
circumstances, requires a four-fifthe vote. lionswer, the project under
discussion is being processed umd r the 1913 Deprovesent Act, which is a
2
' 1/9/78
State Act; and it does not require any such vote. Mr. Booth said that
Title XIII of the Municipal Code epecificelly authorizes Council to
proceed under that Act as an alternative; therefore, any contentions
that a four -fifths vote is required for this project were incorrect.
Mr. Jones commented that the question of four -fifths vote arises as the
result of a provision in the State Constitution, which has been specifi-
cally incorporated into the Palo Alto Municipal Code. Council is
following the alternative procedure set forth in Division IY of the
Streets and Highways Code and in the 1913 Act. Mr. Jones said neither
of those Acts requires a four -fifths vote except in limited circumstances
which do not apply in this case.
MOTION WITFjDkAHti: Councilmeaber Fletcher, with the consent of her
second, withdrew the motion.
Corrected
see page
597
REQUEST OF COO CIL S FA IL kW HEN EFSON
RE NOISE PROBLEMS IN LUMMOX AREA
Countileember Fazzino stated that two letters had been received from
George Millar concerning the noise problems in Barron Park, particularly
in that area bordering on the Industrial Perk. He said be had spoken
with a number of residents of Chimalus Drive who were being distirbed by
excessive noise. Co:mcilmember Fazzino ievcstigated the situation
personally shortly after the election, and he asked that the concerned
residents work out an equitable solution with staff and .the Police
Department. Evidently that had not been t uccessfu1., and the matter
needed to be looked into. Ccuncilmember Fazzino understood that members
of the. Pniice Department have begun to meet with the neighbors in an
effort to solve present and potential problems. Fe explained that his
purpose in making a eeotioe was to find out clearly the nature of the
problem and to begin mitigating measures which would involve the resi-
dents, the Chamber of Commerce, neighboring industries and the City
staff.
WYiiON: evuici.%tuber Pazzino eyed, seconded by Henderson, that a
staff report be prepared outlining both the nature of the noise problem
in the Barron Park *rem and possible mitigating Alternatives.
CouneiIssmber Fletcher eked if Coumci1a r r Pazzino would 1FlCe to
incorporate into his' e c tton that staff comment on he suggested miti-
gating measures made by Mt. Millar in hie latter to Council dated
January 9.
Cooncii ber Faazino replied that he would appreciate it if staff would
consider Mr. Mi ar's recommendations, heat he did not vent staff to
limit their report to those five suggest .
Covmcilmember Heederaoii said he news pleased to be a co-sponsor of this
motion. During the spring be bad spent *evert' hours on the
street in Barrow Park i,hich backs up to qbe industry, and the problem
was very much in exi.eta ce at that time. It bed been ber
He nderson's understanding that the noise was being abated; obviously,
that bad not been tl a ease, and be hoped meats wed be obtained by
this action. Be informed Council -and staff that be bad some other
matters our his min" in the area of noise abatement, and be would be
pursuing those in the future,
Councilwambax laasimo, said that he head spoles to Mt. R.luerek of the
Chamber of tommerce, who psomiae►d his full support.
Mr. Welker conneeted tbmt suggeoticau 1 and 2 in !hr. Millar's letter
rewired staff capability vich did est mist presently, as far as the
5 0 3
1/01'78
technical aspects were concerned. If the Council is looking at a broader
examination of the noise ordinance, that should be done all at once. In
othee words, if outside assistance was needed fer looking at some aspects
of the noise ordinance, that fact might be brought back on this assign-
ment; or staff might report back to Council that that was needed. Mx.
Walker said he was suggesting that if Councilmember Henderson had some
other noise mitigating situations to remark upon at some time, it would
be easier if he would make then known so they could be incorporated with
this agenda item for examination by any outside assistance that may be
deemed necessary.
Councilmember Henderson felt the urgency was with this specific Barron
Paris problem, and he would like to see staff report back on this par-
ticular situation. He did not think staff should be added so that the
general policy on noise control could be gone into. If staff reports
back that the situation is being controlled at its best level under the
present ordinance and there is still a problem, then it would be time to
move into the full policy area.
Cos nci.lmember F'axzino agreed that what he wanted to find out was whether
this specific problem could be taken care of under the present noise
ordinance. He expressed a prefatene: for staff to research this parti-
cular situation with its present 9. .,assn.
Councilmember Clay assumed that 'r r
to staff as input, but that Council
gate each ore of the alternatives.
correct.
niter's suggestions would be given
was not directing staff to inveatie
His assumption was confirmed as
Vice Mayor Breaner added that this situation was unique because of the
large industrial area adjoining an R-1 neighborhood,which traditionally
has been a quiet place. She cosms:ented that perhaps the neighborhood had
enjoyed the back doors and the gerbage cans of industry and Page Mill
Road has enjoyed the facade and the broad green lawns, and it could be
that whole concept .needed rethinking.
MOTION PASSED: The unction passed on a unanimoea vote, Councilmember
Witherspoon and Mayor Sher absent.
VISUAL ARTS JUMP - APPOINTMENT
T
Councilmember Henderson raised an item of Hew Business and said he had
determined, after looking at the sobjece two vacancies on the Visual
Arts Jury, that his inclination was to reappoint the incumbents. If
other- Councifre*bars felt they emoted to conduct interviews, he said he
would agree to that.
MOTION: Councilmember Henderson named, seconded by Passim°, that Paula
Ktr%eby and Gordon Jackson be reappointed to the Visual Arts Jury for
three-year terms expiring January 31, 1981.
Councilmember Eyerly supported Councilsweber i e dersmes feelings. Be
jbought there were a number of good applications; bra Inviting the
two incumbents and realizing they had just served one tern, it sew
logical for Council to reappoint theta.
Vice Mayor Erenr, considered it to be an interesting experience to veet
aell, the app1ica too and also to get to know the insets better, but
she thoucht it unfair to have ' inteeviewa if iii t s intention wee to
reappoint incumbents. . She said -awl would support the motion.
MOTION PASSED: The motion passed o a e unanimous vote, Councilmmsber
Witherspoon mmilbryor Sher absent.
S 0 A
1/917b
REvEs cLO i CAREY
0 CT
Councilmeaber
authoei, ed.
Council in die
Carey said use could not remember when this contract was
sting City Manager Walker stated it had been authorized by
cenber 1977.
Councilmember Carey asked if the actioncappraving the.:contract heed been
included ih the..Coosent Calendar. Mr. Welker believed that was the case
since that wes the award of a contract for which Council, by previous
resolution, had requerrted the staff to get bids.
Councils
subsequent
use of. the
repaved f
er Carey recalled that particular resolution predated a
resolution to conduct a study of that area, so that potential
Safeway parking lot was being studied while it was being
or $80,000, To him that was illogical.
Mr. Walker commented that it was difficult to respond at this tie to
points that might be raised. There was a staff report being prepared
which vould be in this week's packet, and perhaps Council would want to
bring up the subject at the next meeting. Mr. Walker stated if Council
wanted a response immediately, staff would do its best with the infor-
mation now available.
Counci
and f
in on
piece
$80,
days
cont
giber Carey said the problem was the work was beings done now;
Council wanted to stop it, it should be den tonight rather than
e or two weeks. He reiterated it was inconsistent to be _.r: dying a
of property for future use and at the same time be investing
000 in it; particularly if the answers could be gotten in sixty.
. Counci.lmeaber Carey stated he could not recall authorizing the
ract, and he would be embarrassed if he had.
MOTION: Councilmember Carey coved, seconded by yazzino, that if possible
the City informally request the contractor to cease work on the Safeway
lot until Monday night, Jatuer-y 16,_1978, and staff be directed to
report to Council on that date regarding the notions concerning the
cons. pact and whether any conflict exists.
Councilmember Clay remarked that if the motion passed, he would also
like to know how such it would cost to terminate the contract.
Cc mcii a ber Carey stated he would incorporate that request into his
motion.
Mt. Maker.: stated that the opinion of Lend Counsel W►U, the project could
not be stopped without a public r.
Councileeiber Carry stressed _thee word "inforsall.y", and he did not say
"doSend". Nis feeling was the contractor say be couuperative.
Nr. Walker asked if the assemption were that thie would be done at no
cost to the City or to the Astesteient District. Councilmesber Carey
respocdod affirmatively.
Councilmember Syerly clarified that the feasibility study for t a
downtown town assessment district vas not directly to the Safeway
lot,- rather, it was speaking to the feasibility of the overall downtown
area supporting the tiple-structure parking unit. Bs *aid he ves not
pleased at the ides of bo1 ..ng up the Safeway lot project , beeau e the
City wives. slowly, and the A404SSOOtit astrict proceedings - for the
Sale nay lot oar any lot - noes even more Slowly. That would seen If
progress were bald up on the Safeway lot, probably nothing would be done
1
3 0,g
1/3170
there for a minimum of five years. Councilmember Eyerly stated
it was time to take action on that lot, and he would oppose any effort
after next week to stop it until policy is set regarding a parking
structure in the downtown area.
MOTION PASSED: The motion as stated by Councilmember Carey, and incor-
poraring Councilmember Clay's statement, passed on a unanimous vote,
Councilmember Witherspoon and Mayor Sher absent.
WIT OF COUNC iLMFHBER CAit Y
lik 1
111111411101111111.110111111111111111111111
Councilmember Carey, referring to the water conservation report in the
packet, said he was impressed by the fact that staff was anticipating as
pouch as $400,000 in revenue from fines annually. 't was further impressed
that because of the required twenty-five percent cutback (which the good
citizens have interpreted to mean thirty-seven percent), there was an
estimated $200,000 loss annually in.revenue. It seemed to Councilmember
Carey that if the reins continue, staff should bring a report to Council
in sixty to ninety' days indicatiag the impact of lost revenue and imposing
fines when citizens are going to believe there is no water shortage. He
thought it would be well to plan ahead and avoid having a bad law on the
books when it would be costing pa?: le a lot of money.
MOTION: Council.me.ber. Carey moved, seconded by Henderson, that staff be
directed to prepare a water conservation report within sixty days on the
impact of lost revenue and fines of the magnitude now enforced.
Ccuncilmenber Clay . ,.Ld he =,ouid like to have the staff report back
quickly. Considering the rainfall and the conservation efforts of Palo
Altana, it seemed unfair to penalize citizens for a few units of water.
He expressed a desire to know as early as next week what could be done
to relieve the pressure of water conservation rule. Councilmember Clay
did not ::'pink it was necessary to take the water rationing ordinance off
the books, but he did not like the idea of collecting fines under the
present conditions.
Mr. Walker noted that the City was receiving regular reports from the
San Francisco Water Depertwent: as to the status of their reservoirs and
their regulations for water usage by theit cuato ors in San Francisco
and by contract customers, h as Palo Alto. The San Francisco Water
Department has restricted the amount of water for which Palo Alto is
eligible by :twenty --five percent. Mr." W lker amused that restriction
would be in effect until there was an opportunity for assessing the
fact of the remit rainfall. If the restriction were partially or
totally removed, the City would have to eat some aseessment as to what
the i pset would be as to water use in the community. . ?fir. Walker felt
it vita probably safe to assume that water use would not go beck to
former 1eveJa, and so the rates should probably be ire between
their present level and what they used to be. He assured Council that
this matter has not been at aside by staff, and it wes continually
being reassessed. Mr. Walker singeeted that a status report to Coonci`,
as to the information from the San Francisco Water Department night be a
good thing; but if Council was asking for a rate change, he was con-
cerned that the actin would be premature.
Councilmember Carey was swore of the qty -five percent mandatory
co ervation; but Palo Alto was conserving more than that, and the Clty
was collecting fine* in great magnitude. He felt a real problem could
develop if fines were collected at Cat rate and the rains continued,
What Councilmember Carey tooted lies a staff . report indicating what could
be done to make water rationing more equitable 1.n line with the mandatory
cutback and with the current status of water. He stated agreement with
Coolocilmoshor Cloy'. saris of urgency.
Sob
11 178
t'.auncileeuber Clay recalled from the report that Palo Alto was conserving
more water than any other city listed. There were many incoming letters
and telephone calls about water rationing; end he did not find it
practical, realistic or fair ti have so much of this kind of activity
considering the rain and the conservation efforts of Palo Alto citizens.
Councilseaber Clay wanted something done as soon as possible.
Councilmember Fletcher indicated willingness to support the sixty-day
motion, but she failed to nee y there was an immediate need for the
report. Sbe had understood it would take five yeata of normal and above
normal rainfall to refill the reservoirs, end no one can say whether the
rain will continue. Councilaember Fletcher did not think that now was
the time for tlbe citisens to change their conservation habits. She
concluded by saying she would support bevies the staff prepare a report,
but there was no sense of urgency about . it.
Councilmember Syerly stated he could < . report the motion if the time
licit for the report mere left at about sixty days, since he understood
the Utilities Department was gathering information which would give
answers Council ci1 vas eaal irg. Be believed that when the time came to
discontinue water rationing, there would be a lot of conservationist:.
urging that Palo Alto stay on a cut -back progra forever because of the
scarcity of water in California.
Councilmenber Carey explained that his notion was not meant to imply
that the water rationing program would be discontinued, but there were
some inequities irs the present system which needed to be addressed:
Corrected
see page
5%
Corrected
e
597
Counc.£lmember Rende_&e said he was willing to second the motion direct-
ing the staff to bring the report hack to Council in sixty days. Ha
felt that asking for the staff report in five days made it sound as
though overe1.-1 conservation 4861 not very important:, and the rains to
date were not enomgh to warrant that attitude:. Certainly the fine
situation should be looked into, hunt CouAcilmember Henderson hoped there
would not be too such talk about cutting out water rationing efforts.
Councilmember Fazz'no said his vote for this nth was in the interest
of developing an equitable, ongoing vatar rationing plan. Re stated he
had no intention os"- ending the program at this time, and added it bad
been extremely a ccecssful. Worts shoo .d be continued to encourage
conservation, un4 Coaucilmemisr Faaeino , agreed with Cout ci lee ber
Flet her 5 s statement regarding the length of time needed to bring the
water supply back up to where it was in the early 1970's. It men his
feel, that if conservation efforts were rot time d, time erect could
have similar eatershortage* in tea years. Councileember Pease = a
smartfor the notion -vas givm with the hope that the staff report
would be based span what can be dome net an °wine basis, mo matter what
the level of rainfall night be over the net three , to five years.
C& nc11.ra her Clay explained that be heed not recommended lire ' the
tenter rationing plan, but he dine ma for a etaefff report in -e faeerr' ems
concerning a better water use ply for Palo Altet 1144 rents his
dislike for the pertentage plena; sad hie feelings weraa confirmed by the
rain cod the complaints beteg received about ehs number of , guts allocated
d
each nonth. Something different could Ire . ; for der deviating
the fine,
=IOW t' : The motion passed on ,.neaninnns vote, , meter
Witherspoon and Mayor Sher abeast.
i/9/78
REQUEST OF COUNCILMEMBER CAREY RE
P SD' S PROPOSED DRiJC ANS!! PROGRAM
w ..
Corncilmember Carey said it pained him to bring up this subject, and he
was surprised at the insensitivity of staff to a very sensitive issue in
Palo Alto and on this Council --the drug abuse program. He had read in
the newspaper that the School Board was preparing to ask the City for a
$40,000 donation to a drug abuse program; and in the back of the packet
several weeks ago was an informational letter from staff to the effect
that unless there was a substantial Council majority opposed to it,
staff would be talking to the School Board about this matter. In response
to that, Ccuncilmember Clay wrote a letter to the staff (which was also
in the Council packet) suggesting that if the subject was to be pursued,
it should k. brought to Council for a policy decision. Councilmember
Carey stressed that a drug abuse program was not a current budget item,
Corrected but a policy decision that had been torn apart for several years. He
see pale stated he did not want staff to continue along these lines or to mislead
596 the School District into thinking that their application was an automatic
one, until Counci'.. and the Policy and Procedures Committee bad an oppor-
tunity to debate the policy.
MOTION: Councilmenber Carey moved that staff be directed to do nothing
further regarding a drugabuse program and that the matter be placed on
the agenda of January 23.
f
Mr. Walker, Acting City tanager, clarified that the proposal was net
currently before the City in acy formal way, nor is the staff epe .ding
any time on the School District's proposal. He reported that the School
District had forwarded tc the City a copy of the proposal as seat to the
School Board, and that was included in the Cauncilmembers' packets.
Staff's intention relative to the proposal is to do nothing until the
School District formally transmits a request to the City. At that time,
the proposal will be aged izeed and the Council asked if there is suffi-
cient- intereet on their part that staff should assess and analyze the
proposal. for inclusion in the budget. If there: is not sufficient
interest on the part of Council, then the analysis will not be done.
Mr. Walker thought that approach vas cono1stent with what had been
suggested by C uncilmembers Clay and Eyerly in their earlier sue.
Councilmenoer Clay said that if the concept of a drag prcgram were to be
discussed by Council, cil, that sub jact ought to be agendiaed by a member of
Council. He stated be would like to see a Cos uci/membex put the item an
the agenda, if some member were interested in arming that. Couoc ilsem r
Clay agreed it was imeortent to nut mislead the School District into
thinking there were City fug available for a drug abuse program, and
whoever gave the District thit idea apparently does not uatderetand the
sensitivity of this subja t to Palo Alto. His intention was for staff
to understood that the subject is asp sensitive they should not touch it
until the mil has done something with it, and it certainly should
uot be incorporated into the i dset and forwarded to the Finance and
Public: Works Committee with the stipulation that: Council let it be known
if it did mot worst that to happen. Coamcilmember Clay secluded by
saying that before the School District became more involved with the
idea and -before the maser appeared before the ?inane* sod Public Works
Committee, it should ire scion at the Councii. level.
Councilmember Carey said the School District was either inatdvertaatly or
deliber tely beins misled. When staff goes to a School District meting
and tells th how po make an application far funds, shy the Fiance
end Public Works Committee is going t„, meet, and Amu the budget hearings
are going to be held without telling the District theme is a serious
policy decision to be made, and that zhe lr "t policy sus to est to a
drug abuse program, then she School District was being misled into
spending a lot of tins on the subject. If the School District is
0S
11SI7g
putting toothez a package which might include the City, Couucilmember
Carey felt they shlci. tell the Council that so a policy decision could
be made; or the Council should go ahead and make a decision anyway if it
can be done without a lot of hassle. He Said this was a good example of
putting the cart before the horse.
Corrected
see page
596
Councilmember Eyerly said that the original letter frock Charles Wacker
and Alec Andrus misled him into thinking that staff's intention was to
pursue the proposed drug abuse program with the School District and
bring it in as a budset item unless some member of the Council objected
to that procedure. He stated that was why he signed Councilmamber
Clays letter —he was objecting. Councilsember Eyerly pointed out be
never received a telephone cell or a letter, and so he assumed the
subject was finished unless a Councilmember wanted to agendize it for a
policy decision. However, it did not work out that way. What bothered
his was the involvement of those sane two staff hers in drug programs
in t? a past, and that was why Covnc: Eyeri ;, found ' it a little
difficult to support the Acting City Manager when that issue came up.
Now the Council had a problem that had not been ;candled properly; he had
read about it in the newspaper. And Co€ ncilaeaber Eyerly beard from
people who were at the School Board that City staff had bee there
explaining haw to apply for a drug program with the City. Staff time
was being spent, and it implied that Council bad an objective of funding
another drug program. - Counci'+ her Eyerly's inclination was not in
that direction at all, considering the results of the last two drug
programs.. Further, he did not like the School District's suggestion
that the City give the half of the funding for the program but have no
say at all in hoe the program would operate. Unless some Councilxember
wanted to do otherwise, Council ber Eyerly suggested that the whole
issue be left alone; and he did not really feel there was a need to
bring up the subject of January 2:4,
Coun`r.i1 eaber Henderson said that Mr. Walker's respo9 ae satisfied hiis,
and he felt Mr. Walker understood the Council was not interested in
having the City expense effort on a drug abuse program at this point. If
the School District, after hearing this lack of enthusiasm, wants to go
.head and propose a program; that would be consistent with Councilmember
nderson's belief that anyone should be able to propose anything to the
Council. He understood the pr6004d prograea.wes a ."drug prevention'
one. The School District had weary right to draw up a proposal if that
is what they wanted to do, hut Councilmember Henderson agreed that the
City should not std time on research or a staff report for the propo-
sal. What he heard Mr. Walker ,dying wen just whet COuncilmember Carey
moved. Count lmember Henderson thought the motion hod hewn very bene-
ficial, and the content of it was just what he expected would haaepen.
If the School strict does want to ptesent a program, that should be
placed on the ago * for Council action.
Ceuncilme *ber "'wino meted that charges had been levelead at staff
regarding porticipation in this effort, and it would ba. appropriate far
Mr. W to as a *e , . N saw the key question As bed that of
whether or net staff has 47.:roady beer involved in researching, lobbying
for, azplair41,g procedures Tess or Meyer with regard to the proposed drug
preventim pr'grem.
Mr. € kar said it seemed that staff bed boon accused, triad and cci
victmd without benefit of evidence. He t; .m*-±: read about the sho«oi
District's proposal in the € . , At that point, Mt. Walker set4 be
asked at staff =mew to investigate the ale; sold it was found there
wets a propeoel Arita would he ultimately transmitted to the City. And
-the purpose Of first ata f report _ems to let the Council know there
mma Bch 4 propomaIjorthcoming. loiteratims earlier statements, Mr.
Welker mei Oat although the first taef f 'rspart mey hove been semmmhat
misra i,the major point of Weiss to inform tall t .Oherw)lowei0 be e
prowl teeing from the School District; aid nothing was to be does in
regard to it until the matter got to the Council. Hr. Walker reported -
that his direction to staff had been that the proposal would not be
responded to until it was formally before the City and until staff
understood there was at least a majority of the Council interested in
having the proposal analyzed on its behalf. He stated he was not clear
about the comments regarding a staff member informing the School Board
as to how to make ar application to the City. If a City staff member is
asked what the process is for getting an item before Council, Hr. Walker
said be hoped that staff person would outline that procedure. Anything
beyond that would he outside of the direction he had given regarding
this project and that would be looked into. Hr. Walker expressed his
concern about Council's coming to conclusions 'without benefit of knowing
where the staff was with the subject, since the conclusions he was
hearing were differ nt from the situation as he viewed it. In concluding,
Hr. Walker stressed that staff has not and will not spend any time oz
this proposal until at least a majority of Council gives such direction.
Councilmember Fazzino remarked that_if that is the situation, he felt
comfortable with it. He urged other Councilmembers to lower their
voices a bit on this issue. Every time a drug abuse program is men-
tioned, there is screaming and yelling because of what some Council -
mothers considered to be ewe, bad expetienpes; and he did not want to see
that start again. Councilmember Fazzino pointed out he was ra member of
the County Drug Commission, and he was interested in the drug issue. He
reported he had already spoken to same members of the School District.
Councilawemher Fazzino said he did not know where Councilmember Eyerly
got his information, but he, himself, had explained t� a couple of
school District people what the proper procedure would be for bringing a
proposal before the City Council. That way have been reflected back to
Councilmember Zyerly as something that had been done b;• a staff person.
Secondly, Councilmember Fezzioc stated he *Fuld be iuterested in having
the Council look at any drug abuse proposal whether it came from the
County, a citizens' group or the School Board; and he would be willing
to discuss such program proposals in the Policy and Procedures Committee.
He agreed that before any proposal appeared in the budget, the Ceunci1
should wake a policy decision.
Councilmember Pletcher said she was struck by the count that the
School Board should =eh be under any illusion that this proposal would
be automatically approved, since. she found it difficult to believe any
segment of the community way unaware of Council's sensititivity on the
issue of drug Abuse progress..: Site stated she sew no - putpose in preventing the School Board from coming to Council with a proposal, Councilmember
Pletcher thought that if any individual or orgaui aticu had a proposal
they deemed wo€t hl ` eno+ugh to be brought to the City Council, that should
be done; end at that point Council could indicate whether or not it was
intereeted in considerine the matter. Mr. Welker had assured her that the
staff mos not encoureging the. subject 6i a drug prevention progress, and
the School herd bad every right to develop 1.ts own plan.
Vice Mayor lie's feeling was that the staff report informing Council
of the School Soares preparation of a drug prevention pram gave -
Council the opportunity to create a policy before the propose]. arrived,
if it so wished. She said discussion would be more productive if it
were being des in respect to a particular request or report. To a
great extent, t, Vice,Mayor Drenner'thought the present discussion asst
pry the need f► -r another "dress rehearsal" before * report acme in
from the Scheel d ietric t .
Counillmember exly took issue with some remarks wade by Mt. Walker in
that the origieutl latter stated there wow he ae budget item for the
Vinenee end Public Moyle Committee to r conaider a havine to do with the
drag prevention program 171 ca cation with rte Scheel District. Se
said it suede him angry vine staff came in with a budget item when it had
5 '
1/9178
no policy decision from the Council. Perhaps the latter had been poorly
written, but Councilmember Eyerly pointed out that was all Council had
to read.
Counci1mesber Carey anted that there is a policy, and that is the City
is not going to sponsor or contribute to a North County drug abuse program;
and any such program would be a County one.' He interpreted Mr. Walker's
letter to state that the staff was going to proceed with a change of
policy unless Council was in touch with them otherwise, and the reason
for move Councileembers to be upset wan that was not the. way to proceed
with a change in policy. What staff should have done was report that a
proposal may be coming in and ask if Council wanted the Policy and
Procedures Committee to consider a change in policy or if it vetted to
wait for a specific proposal. Councilmesber Carey explained this was
why he mode his motion. If the policy is going to be changed, it should
be debated and a decision ®lade; but an agency, such as the School
District, should not be misled into spending a lot of time on this
proposal when the City has taken a position on this kind of an issue.
*tr. Welter said it appeared the only thing at issue vas the manner in
which the proposal is to be brought before the Council. He stated that
the staff vas not in any position to chafe any policy or any program, -
but it wee steply a matter of how best to get an item before Council.
His belief vas that it had been handled in the best way. Even if staff
had put a proposal in the budget as was the practice in prior years,
where socially oriented programs wEsr+' presented to the Council in
hearings instead of at the Finance and Public Works Committee, the
proposal was subsequently presented to the Finance and Public Works
Committee to consider whether or not it wanted to make recommendations
to the Council. No work was done by staff until direction w s given
either by Council or the Committee that it was interested in an an-
alysis. Mt. Walker stated that the only difference was the way in which
€hone programs are presented to Council for consideration. Be added
that mil. could save the eri.ff land the School District) a lot of
trouble if it already knew it did not want to tame about a ctrug abuse.
program, and that would be by directing staff to not bring the program
to Ceuncil. Otherwise, the plan was for staff to bring the proposal to
Council for direction once it has been -formally made by the School District.
C- atcilsmaber Clay repeated that the staff report said the drug preven-
tion program would be isco7 at'd into the budget unless Council
direttamd otherwise, end that bothered him because that is not the correct
ire. Hie letter, signed also by Councils kyarly, wes stout
to discourage staff,from doing anything about the subject and to pass
that meanage along to,thee School District. If nag► action is to be : `
tam, Coomcilmeiber leywentted one of the Counclisumbers to agendise
the subject of a - drug prevention program . * he . did not went staff to
bring the subject Up. Isaardiag the. antion made by Casacilmataier Carey,
Councilmember may stated he did ncr . - trait too eveu bear aching about a
drug program ou January 23i bat if that meant Sri the air, parboils
that ws a the sit feir,thiag that could be dona for everyoao iatvolwad.
He stressed he wai mot inviting a full-blown drug proposal discussion on
Jay 23 or aa euy date i,n the neer future.
agreed ei4Cavacilweaber Maximo that Council
should not arm off all coosideretiom of dry program just fi moeee , s
previous exparlancei, sad ha theaght Coomcil seams to open to anything
that, to haei discommode It - dose him to boar Council -
member Clay say be 414 mot ss as meat to havea program presented.--
Coserahamitat Masinecologdained he vas sot saying he It d stn.
particular program. Secondly, he hoped tie vas not going to be six
meths of harassing the Attie. City e . ` This - ►tter be teen
bolstered and tip dct C City critioi a . of ties*.
Causer lamderoon thought the staff report ems vet warded too
well, mid be thought items alright for t Ca subject to to brought up tat
clariiication. But it has boon clarified about fifteen tins now, and ha
recoamandod dropping the subject for tonight and going on.
Councils weber Carey felt that staff now had a good ides of whore
some of for Councilmembers stood, and perhaps the School Board
was listening in. He agreed with Councilasaiber Clay that Council
did not went to face this on the twenty-third of January. If the
School Board vo,;ted to some in with a paopoeal, Cocmcilmsaber
Carey supposed '\ :,,au3.d have to too looked at; but they should
have fair yarning of how Council felt.
MOTION WITHDRAWN: ,Ceuaeilmembes Carey withdrew his nation.
pine Mayor grrenisr said Reath fir, Couswallnenbar, Los Altos, and a
mother of the ABAG Commtotes on the Environm nt%l Management Plana since
its inception, has volunteered to participate in a study session for
Pal. ;.:*_to Councilmolham. She ciarifiad this woo not a docision-eaking
session, and each Gouncilmeibor could decide author or not to attend.
The suggested time for the magi= was 3:00 pas. on January 13, and the
Council should be stoked to conoidar the subject on January 23 so that
all cents would have boar soda for consideration at tho PPC mooting
on January 25.
'HST OP COUNCILMBER Cif
Cozen .i nembar Clay asked whether the Policy and Vroc.i4ures Coe®aittaa
ricommendatioas concorning the golf wires would be au the following
wok's Council agenda.
Mt. Walker said tit item would b. on the agenda of January 23.
Counoilmalbor Cloy asbad about the dots towomoo of the t..astabls for
aelectiag the prof 1. ate the. soleation could be geode, thin*
had to be a job b description; sod some of whet bed been said at the
Policy and Prooedurss Committee wag would have so effect oia the joie
aosecriptioo sod but tba Coumcil grey do; OS a alt of what wen rooms -
mended by the Committee.
' hr. Whew reepseded that sething beim. isms hot this date and
Jemmy 23 wmla .v -� E the City et he le ooaf 1ict with the dirwtfion
o be given by Coumeil gat the aria .
Ceuncilumsher Clay pt tad seat that iihea the City invitee peeplo to apply
ter a poeitioe5, the job deeeesiptioC ought to be defined; sad it APPoltrod
to him that tho tiseariptiamiwe time ss Coumcil hsd the opportunity
to take settee CO the seocemboodietisme of the Polio)! and Process Committee.
OWL
1. Tembeas# 3.06.1bommit imams, a sepressatetive of The
Valid Ctosaramat f ` s!` "iii , £ .arsxpue
t s attwed a tolchratise fe imainsibility for emery ration. The
pimps,* sf the eatebtatiss yes Weill aunties to this feet
that ovempthimg sauce'lsche improo$05* emi theta ts some harmony
le the acid. At. ?emboss read the levitation sod submitted
seteris i requestrequestimg that the City a pr cleuetiom
1 .2.
1/9/75