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HomeMy WebLinkAbout1978-12-04 City Council Summary MinutesRegular Meeting December 4, 1978 ITEM Minutes of October 30, 1978 and November 13, 1978 Oral Communications Consent Calendar - Action Items Underground Conversion --700 Block Ramona --Assessment Bonds a Utility Assessment Districtlio. 19 Award of Contract for Repairs to Incinerator Ducts at Water Quality Control Plant Yale Street Barrier Ordinance to Eliminate Use Restrictions Ordinance on Plans for Addition to Structure at El Camino Park Results of Special Municipal Election of November 7, �8 Public Hearing-- Comunity Development Block Grant Progress Report Holiday Inn --Town and Country Village Planning Commission Recommends re Retaining Aisleway and Traffic Routes Sludge Ash Contract With World Resources Company Award of Contract--CAPA/Theatreworks 1978.79 Season Civic Center Improvements --Fourth Floor: Third Elevator; Pr i va to Sector Leasing Development Alternatives Downtown Park North - Referral to Finance and Public Works Committee City Surplus Property --Sale of Seale Wooster Canal and Old Pole Yard Request of Mayor Carey and Vice Mayor Henderson re Meeting with East Palo Alto --Dumbarton Bridge Approaches Oral Communications Adjournment 337 12/4/78 PAGE 338 339 339 339 339 340 340 3 4 0 340 340 342 348 3 4 9 3 4. 9 352 353 353 358 358 1 December 4, 1978 Regular Meeting The City Council of the City of Palo Alto met on this date in a regular meting, Vice May r Henderson presiding. PRESENT: Brenner, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: Carey Vice Mayor Henderson welcomed the new Palo Alto City Attorney, Roy Abrams, to the meeting. MINUTES OF OCTOBER 30, 1918 C uncilme ber Clay asked that the first sentence of the third paragraph on page 283 read instead: "Councilmember Clay said he may support termination. . . ." MOTION: Council ember Fletcher moved, seconded by FazzinoA that Council approve the minutes as corrected. The motion paesed on :A unanimous voice vote, Mayor Carey absent. MINUTES OF NOVEMBER 13 1978 Councilmember Fletcher asked that on page 313 the motion at the top of the page read instead: "MOTION: Councilmember Fletcher moved, seconded by Henderson, that Council direct staff to prepare an ordinance to impose a freeze on issuance of any new permits. . . ." Councilmember Witherspoon asked that on page 306, 4th paragraph, the last sentence read instead "The City estimated it had spent about $14,000 on all the plans and studies to date." Councilmember Witherspoon asked that on page 308 the third paragraph read instead: "Council ember Witherspoon asked if there was any possibility that room for veterans' functions could be made in another City builditg." Councilmember Witherspoon asked that on page 309, the first sentence of tie 8th paragraph read instead, "Councilmember Witherspoon said she understood from the supporting documents that the problem lay not with the existing ordinance but with the applleant not being able to find a location that was not within 2SC feet of residential zoning." Vice Mayor Henderson asked that on page 142 the motion made by Fletcher/ Witherspoon to approve the Consent Calendar and the unanimous vote approving it, be noted. Vice Igor Henderson asked that on page 308 in the 10th paragraph, 2nd sentence read instead: "Chief 2urcher had said that the ordinance should be written to *void having people take advantage of it. 33.8 12/4/78 MOTION: Councilmember Witherspoon moved, seconded by Clay, that the minutes of November 13 be approved a: corrected. The motion passed on a unanimous voice vote, Mayor Carey absent. ORAL COMMUNIC.Ai?4NS 1. John Snag, 105 Lowell Avenue, reviewed the uses to which the Veterans' Building had been put: for meetings and for fund raising for its selected services, exclusive of social events. He outlined some of the volunteer work he did with veterans at the veterans' hospital. He said the veterans' organization restricted its service to veterans, and their widows and orphans. 2. Frank Manfredi, 219 Addison, said that "mafia" people quoted high prices on all work to be contracted out by the City. He praised the thought behind Proposition H, and he asked that proponents of that proposition organize a renters' union, such as he had participated in in Detroit. He said monied interests controlled the world —the world needed a single monetary unit. 3. Harrison Otis, 909 North California, praised the freedom ief speech obtainable in North America. He read the third article under the Bill of Rights concerning freedoms of religion and speech and to appeal for redress of grievances. CONSENT CALENDAR Referral items Councilmember Eyerly asked that the referral item concerning Development Alternatives for Downtown Park North be removed from the Consent Calendar. The following items remained on the Consent Calendar: Action Items UNDERGROUND CONVERSION --700 Bi.00K 11:8 RESOLUTION 5619 entitled "A RESOLUTION OETt I I N I NG UINPA I D ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BOSS." UNDERGROUND UTILITIES CONVERSION UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 19 RESOLUTION 5620 entitled "A RESOLUTION AUTHORIZING PURCHASE OF BONDS BY CITY . " UNDERGROUND UTILITILS CONVERSION UNDER UTILITY ASSESSMENT DISTRICT NO. 19 AWARD OF CONTRACT FOR REPAIRS TO TY Staff recommends that the contract for incinerator duct replacement in the amount of $23,446.15 be awarded to Envirotech Operating Services. CONTRACT-=Envirot.ch Operating Services 339 12/4/78 YALE STREET BARRIER (CMR:483:8) Staff recommends that Council, by motion action, 1) find that there will be no significant adverse environmental impact, and 2) approve a permanent barrier on Yale Street north of College Avenue, at the present location of the temporary barrier. ORDINANCE TO ELIMINATE Ike reading 11/20/78) ORDINANCE 3098 entitled "ORDINANCE OF THE COUNCIL OF THE CIr`Y OF PALO ALTO AMENDING SECTIONS 18.47.010 AND 18.47.040 OF THE PALO :PTO MUNICIPAL' CODE (PEDESTRIAN SHOPPING COMBINING DISTRICT (P) TO ELIMINATE USE RESTRICTIONS." ORDINANCE ON PLANS FOR ADDITION PARk rs rem ng ORDINANCE 3099 entitled "ORDINANCE OF THE COUNCIL WTHE CITY OF PALO ALTO APPROVING AND ADOPTING PLANS FOR AN ADDITION TO A STRUCTURE AT EL CAMINO PARK." RESULTS OF SPECIAL MUNICIPAL 6LGJILIS V/ iiVVGY'�L6� / E7t' RESOLUTION 5621 entitled "RESOLUTION OF THE COUNCIL OF iiiE CITY OF PALO ALTO DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 7, 1978." MOTION: Council er Fletcher moved, seconded by Witherspoon, that Council approve the ordinances, adopt the resolutions, and authorize the Mayor to sign the contract. The motion passed on a unan1moa s voice vote, Mayor Carey absent. PUBLIC HEARING --COMMUNITY DEVELOPMENT `8) Vice Kayn.' H.endeerson said that the public hearing for 1977-78 and 1978-79 program years for vhe Community Develoment Block Grant activities would be held at that present time. He said that staff reports with progress report attached were available -it the entrance to the Council chamber. The purpose of the public hearins was tO that the public could count on and raise questions about tbesCommunity Development Block Grant (CDBG) activities. He declared the'public hearing open. There were no speakers from the public, and Vice Mayor Henderson declared the public hearing closed. Councilmember Eyerly wondered what activities were planned for fiscal years 1979-80. Daniel Fred, Executive Assistant of the Planning Departe t, said staff had been working with the Citizens Advisory Coew1 ttee which had begun the review process on proposals which had been submitted. December 4 having been ` the deadline for submitting proposals. The meeting, open to the public, was to take plat on December 7, at 7 p.m. 3/4 0 1Z/4/78,, , ,' .. Councilmember Eyerly said the Department of Housing and Urban Development (HUD) had issued a booklet on CDBG programs, one of which each Councilmember had received. Included in that booklet was a directory of Historic Preservation projects, saying that they were one of a wide range of .. activities which could be funded in part or in whole by C1Bu funds. He had thought of the Veterans' Building in that context. Was there still time to present a request on that building for COBG funds? Mr. Fred said h'a thought that item could be reviewed by the Citizens' Advisory Committee on Thursday evening. It would be helpful if someone concerned with the building could present information or tt. :„ , ,e Councilmember Witherspoon pointed out that Mike Kelly of Purchasing had most of the information. Councilor Sher noted that the first item in connection with CDBG funds was rehabilitation for housing in the City. He asked if bids on such rehabilitation work from contractors were found to be higher than under other circumstances because the City was involved. Had people complained? Rick Scal Tort, Program Manager, said that the City .had. been -asking for..3 to 4 bids on each job: the bids reflected inflation as such, since contractors were operating from a sellers' economy and it was with some effort that they could be interested in doing rehabilitation work. "Deferred maintenance" was not attractive to them. Councilmember Sher spoke of the high bid one owner had received for a project. Kr. Scallon said that the City used a sealed -bid process,...and .so price- fixing would be difficult, he agreed estimates were shocking, with many homeowners receiving bids on repair work that were for mot (than they initially paid for the house itself some years back. Owners, however, also had the option of finding their own contractors. The sage loan terms applied to ail contractors. Councilmember Sher recalled money having been appropriated for the purchase of a property adjacent to Lytton Gardens and which had subsequently been found not to be -for sale: was the money for that proposed purchase still available? Mr. Fred replied that the money was still in account for the purchase. Counci 1 r Sher said the money had been diverted _frost. `.the .renta.l . housing acquisition program When would it 'be appropriate to restore the money to the Housing Corporation program? Mr. Fred answered that HOD did not put restrictions On times in which mom in the landbanking program should be Used, and MUD had permitted up to 2 years. . Councilmember Sher said he felt the money should be returned to its original fund. Mr. Fred said that money could be considered when Council considered the 197934 funds. Seldan Martin of Lytton Gaffs staff had been in touch with the property owner of the subject Parcel —it was not known when he might wish to sill. The Finance and Public Works Committee 'public hearing on allocation of the funds would he held in January end February. Cron i lamer Sher said he. thought tha t - i n Fabrbary it would bea good time to return the lot -purchase money to its original fund if nothing on the purchase had been worked out, 3 4 1, 12/4/78 Mr. Fred said that the Citizens Advisory Committee could take it up in the forthcoming December 7 meeting, and then recommend or.not that those funds be reprogrammed, which recommendation would return to Council. MOTION: Councilmember Sher moved, seconded by Fletcher, that Council request the Citizens Advisory Committee to consider reallocation of the $90,000 Land Bank funds, to the Rental Housing Acquisition Program, provided that by February when the matter comes back to Council that Community Housing Inc., has not been able to arrange purchase of the parcel adjacent to Lytton Gardens. Councilm er Eyerly said that in the past such funds had been reviewed after a time, then unexpended funds had been returned to their original funds; he thought this was too early to redirect these funds back to the Housing Corporation. The funds had been allocated for the current year, but the Rental Housing Authority did not yet have a contract with the City to proceed, He was not sure it would need what had been allocated to it this year. He preferred to let the matter sit because Community Housing might be able to purchase the parcel. The Finance Committee could look at it again in January and Council could look at it in February. He would vote against the motion. MOTION PASSEo: The motion that Council request the Citizens Advisory Committee for Community Development to reconsider reallocation of the $90,000 Land Bank funds to the Rental Housing Acquisition program, provided that by February when the matter comes back to Council, Community Housing Inc., has not been able to arrange purchase of the parcel adjacent to Lytton Gardens, passed on the following vote: AYES: Brenner, Fletcher, Henderson, Sher NOES: Clay, Eyerly, Fazzino ABSTAIN: Witherspoon ABSENT: Carey HOLIDAY INN --TOWN AND COUNTRY V I LLAG E The Planning Commission, by a 5-1 vote, recommends 1) retaining Holiday Inn ai slewey for emergency access to Hamer and Wel 1 s avenues, and 2) study of overall land use potential end general traffic routes between the Holiday Inn and Town and Country Village. Emily Renzel, chain of the Planning Commission, said that the Commission did not think it could make a permanent decision regarding the area behind the Holiday Inn until the circulation needs of the entire area were determined. The recommendation was for the interim period between now and completion of a further study. Councileeaber Brenner asked that "emergency exit" be defined. Ted Noguchi, Director of Transporation, said that Urban Lane, the access road through the Holiday Inn complex to the Wells -Hoer area had been constructed as access for fire vehicles. A center post could be removed when reefed by fire trucks. Nothing had been changed. Countllmewter Brenner said the road had been open when she had been there; she would move toward a temporary, rather than an emergency solution. 342 12/4/78 Mr. Noguchi said a contract was out to install the center post with a padlock, for which only the fire department•would have a key. CorrectedCouncilmember Brenner said she thought the City must retain the land see page bordering the Southern Pacific tracks. The new zoning allowed'use of 409. the land between the hotel and Town and Country for housing, as did every zone in town, and she thought that had some bearing on the subject under consideration. MOTION: Councilr< er Brenner moved, seconded by Witherspoon, that, a) as an interim measure, an alignment of the 24 foot existing roadway through the Holiday lnn parking lot, which would curve into existing Urban Lane, while retaining the City's 36 -foot encroachment for development of a future permanent access road to the Wells-Hoar-Encina area; b) the current status of the aisleway of the Holiday Inn to be retained for access to Urban Lane at isomer and !ells; c) that the Planning Commission, with the help of the Planning staff, cgasider information on overall land use potential in the area between }Holiday Inn and Town and Country Village, making traffic suggestions, considering how much the area was likely to be redeveloped, square footage potential, related parking requirements, and growth traffic suggestions, with possible connecting routes to consider for establishing plan lines at a later date, as well as non -vehicular routes. Councilmember Brenner said that the last two parts of her motion were similar to the Planning Commission recommendation; the first part considering alignment of the existing 24 -foot roadway, was interim and for low - volume access. Cour,ci limber Witherspoon confirmed that the term "interim" was used rather than "emergency" for it was desirable for other vehicles to have access who were accustomed to and to whom it was useful to have access to that route. Ted Noguchi, Director of Transportation, said that staff would have some concern about the City's liability on permitting use of the parking aisle for through traffic; he thought there was an extreme liability issue at stake. Counwcilber Fletcher said that she had observed only sparselyparked cars; she would like to consider removing one of the parkin strips. Regarding liability, she did not foresee "very heavy usage" because the area was sparsely populated. She raised the question of what kind of problems would be caused with the drainage swa l e in the middle of the aisleway, that me. Noguchi had referred to. me. Moguchi said that the longitudinal smote might cause vehicle -control problems. Councilmomber Fletcher observed that the swwle did not have as rah depth as curbs on City streets. She favored making that road public access. Councilmember Eyerly asked where the property line lay for the Southern Pacific tracks. He also asked for the opinion of staff as to the amount of work involved in finding out the information proposed by the motion before Council. He thought "...it's all pretty nebulous. . . " Mr. Knox said staff envisioned a short study, with places wee future roadways could be built axed ncciaraent on uses, or a very long study in which potential land uses were looked at -=the kind of study done by a public redevelopment agency; perhaps a ors' time could go into such a study. Staff 1 i ked. the ion of such a planing project, however. 343 12/4/78 Mr. Jean Diaz, Real Estate Division, showed where the railroad track ran according to the survey, with a slide projected on the screen. Councilmember Eyerly asked Councilmember Brenner if her motion contemplated the short or longterm study. Councilmember Brenner replied that she had divided the motion into parts a), b) and c) so.that the tasks could be divided according to the time needed for each. She reviewed her reasons for favoring the temporary roadway, and for asking for the longer range study. Councilmember Witherspoon reviewed location, and they did not want to access roads that had been made in Also it would be important to work Embarcadero as well. There was no thought could be given it. the background: the area was a prim repeat the mistakes made in the relation to Stanford Shopping Center. out bicycle access all the way to hurry to redevelop the area, and much Councilmember Brenner said it was not her intent to stop circulation at Town and Country. A discussion ensued on the proposed roadway. Mir. Diaz said that the road would by for emergency access only --it had been approved as a minor P -C amendment by-passing Encina and El Camino and coming from University: Councilmember Sher asked how the proposed 24 -foot roadway differed from what was present before the Holiday Inn was built. Mr. Noguchi said that underlying the difference was that there were parkins stalls adjacent to the aisle. He thought the parking would still be allowed but the barrier would be renewed, and the proposed roadway that was still unpaved would be paved. He said it was likely that the new paving would be damaged by heavy trucks --who would be responsible for maintenance of the roadway? Also, "...a swale in the middle of a public road was unusual, to say the least." Councilmember Brenner said her motion did not intend to preclude parallel or diagonal parking, also the parking could be eliminated. She thought that since there was not much activity in the ar a the proposed public interim roadway did not have to be up to City standards. Her motion was not intended as a complete design; c) was an interim measure, with part a) a temporary solution. Councilmember Sher said that the parking lot could be opened at Urban Lane as well as University, it need not be called a street. If the Holiday Inn parking lot were used as a street it was not without rrecedent-- other parking lots were used the same way. Pr. Noguchi said that perhaps cars did use other parking lots in that fashions but in this case that passageway would have been viewed by the Council as an actual public street. Vice Mayor Henderson asked what pressures fiad been put to bear to open the road up for through traffic. There was the paradox of having the road opened up as a public road, yet the statement had been made there would be virtually no traffic going through there. Councilor Bremer said that people who had formerly had access through that roadway were now excluded. There was an encroachment easement on the area --it seed an appropriate time to recognize the need for not isolating that area of Hater-Wells-Encina. The entrance to Urban Lane hed been blocked with concrete, which seemed "...pretty pertmarwnt." Therefore, she thought casual access for those to whom it was important should be provided. 344 12/4/78 Vice Mayor Henderson said the Holiday Inn was in place, and had to have the parking. He did not see taking the risk of removing parking and making a public road. Mr. Diaz said provision of the emergency access had been at a cost of from $9000 to $11,000. He thought the liability would increase if greater cutout areas and wider pavement were not provided. Some additional money to do that would have to be found.. Mr. Knox said there had been a road there but its status had been questioned; the fact was that there was no longer a road there. The short-range need was for emergency access. A long-range need rely or may not be for a road. If the area was used for housing, .commercial traffic might not be desired, a;eng with Holiday Inn traffic, though a road might be necessary if the area was used for commercial. He thought it best for Council to act on the short-range access, and recognize the liability factor for that short-range use. Councilmember Eyerly asked if the motion was based one Planning Commission recommendation; Vice Mayor Henderson said he thought it had been a Planning Commission' recommendation, altered slightly by Couricilr . ber•Brenner. Councilmember Eyerly said he woud move a substitute motion when all the speakers had spoken. Councilmember Fletcherquestioned the need for the amount of parking set aside for Holiday Inn; she said there could be parallel parking or parking on only one side of the 24 -foot road. Frank Manfredi, 219 Addison, said that Urban Lane had been stolen by Holiday Inn from the City. He thought the street should be taken back. The land should not be sold; it could be leased to Southern Pacific or the Holiday Inn. He feared someone would be killed trying to get access to Holiday Inn or Hubbard and Johnson. Councilmember Sher said he wanted to know if Holiday inn had encroached on Urban Lane. What was the present status? N . Diaz said that in the original lease from Stanfo'd onthe subject property, which said that some of the roads were not to become public road,, Urban Lane had not been designated a road, and it had just happened. Thirty-six feet back of it had been reserved for utilities right-of-way. Documentation from Stanford would be needed for Urban Lane to be a road. Councilmember Sher asked if the rights with Holiday Inn were perfectly clear. Could the City, under the lease, eliminate thi encroachment? Mr. Diaz said that with the sublease which the City had with Holiday Inn, and subsequent encroachment permit, the City could terminate existing Holiday Inn uses from that specific 36 -foot area; the question was what uses the City {would put it to; the reservation in the sublease indicated that the City reserved it for roadway and other utility purposes, SUBSTITUTE MOTION: : Councilmember Eyerly moved, seconded by Fazzino, that Council approve a) the Planning Commission recommendation of November 30, "..that as an interim measure the current emergency use status of the a i s l eway of the Holiday Inn be retained for emergency access to Urban Lane at Homer and Wells; and b) that the Council direct staff to return to the Planning Commission with information on overall, land use potential in the area between Idalidey Intl and Told and Country Village, and general traffic suggestions and sire footage potential,.. as well as possible connecting r a ens to be considered as feasible." 345 12/4/78 Councilmember Witherspoon asked if the word "emergency" constituted the basic difference tetween Councilmember Eyerly"s and Councilmember Brenner's motions. That is, was the roadway to be used only for emergency, or it would be used for pubic access? Councilmember Brenner said that the word "emergency" was the difference in part b) of her motion. The third part of her motion asked that long- range and temporary solutions be sought; the Planning CoMnisslon recommendation had mentioned 3 years as being the time within which the roadway could be used --she was not willing to wait that long. Councilmember Witherspoon said she would like to see the possibilities of opening up the parking lot within one year, not three. AMENDMENT: Councilmember Witherspoon moved, seconded by Sher, that at the end of the Substitute motion, part a) be added, "...and the situation to be evaluated by the staff at the end of 1 year or 18 months." AMENDMENT PASSED: The amendment passed on the following vote: AYES: Brenner, Eyerly, Fletcher, Henderson, Sher, Witherspoon NOES: Clay, Faz.zino ABSENT: Carey SUBSTITUTE MOTION AS AMENDED PASSED: The substitute motion, that Council approve the Planning Commission recommendation of November 30, 1978, ,'...that as an interim measure the current emergency use status of the aisleway of the Holiday inn be retained for emergency access to Urban Lane at Homer and Wells, and the situation to be eevaluated by the staff at the end of 1 year or 18 months, and b) that the Council direct staff to return to the Planning Commission with information on overall land use potential in the area between Holiday Inn and Town and Country Village, and general traffic suggestions and square footage potential, as well as possible connecting routes to be considered as feasible," passed on a unanimous vote, Mayor Carey absent. SLUDGE ASH CONTRACT WITH ritinntrATerrMATICMR:484:8) Councilor Fazzino said he knew this contract gave the City the right to cancel after 1 year according to those guidelines which constituted "good cause." Did it mean that World could not cancel? Ed Aghjayan, Director of Utilities, said that was true. He added that in the staff report an additional charge was noted: World agreed to buy all the pew ash which hate minim assay value of $175 per ton, irrespective of the number of tons. MOTION: Councilor F'azzirw moved, seconded by Eyerly, that Council authorize the Mayor to sign the contract with World Resources, as set forth as attachment to CMF:484:8. Councilmember Clay asked who would have rights to the research and development program for which World Resources had advanced $25,000 to the City. t . Aghjeyan said the contract called for World to provide funding for $25,000 to research means to recovermetals other than gold and silver. Mr. Aghjayan said he thought World would be entitled to a patent to the process which it had developed; at the some time the City had the right to warn 35 percent of the net profits from the sale of the metals. 346 12/4/18 keturning to the matter of contract cancellation, Mr. Agt jayan noted that there was a 1 -year trial period to find out if the extraction process was economical at all for World. AMENDMENT: Councilmember Clay moved, seconded by Brenner, to amend the contract to state that any and all benefits to result from ,point research become solely owned by the City of Palo Alto. Councila er Clay said his motion intended that the contract at the bottom of page 4 include the statement in his proposed amendment. Mr. Aghjayan said he could not speak for World but, to him, it seemed unfair that World put up $25„000 for research then have the patent rights go to the City. The research had been vied not so much as getting patents but to develop a process to extract metal from Palo Alto ash. He did not want to jeopardize the comprehensive contract which would provide Many benefits for the City The City was to use its discretion as to how much it would be involved in the research. It would enter into studying processes applicable only to Palo Alto ash. Vice Mawr Henderson said that if the City were to re -sell the contract it would repay World for the $25,000 research work. Mr. Aghjayan said he thought that if World "fell into a process that had potential commercial value" it could be reluctant to give the City the right to that. It would be a difficult section'of the contract to work out --he did not think the City was interested in having patent rights for a process of extracting from other rage sludge. He advised Council not to insist on that contract change. Don Maynor, Assistant City Attorney, said that World Resources might decide to invest more than $25,000 send it would be very difficult to state which amount of dollars went for which research. Vice Mayor Henderson urged Councilmembers to speak to the amendment only. Councilmeemrber Brenner said it was not unusual for researchers to develop patents which became the property of the party for whom the research was contracted. Vice Mayor Henderson asked if it would not be incumbent on the contracting party to have matched resources. Councilmember Clay said there should be .clarifying language to support his proposed amendment. Ceuncilmember Fletcher asked if Councileee beer Clay would consider having p tent rights to be jointly owned by the City and World. Mr. Maynor said the attorney's office had not done research on that -- joint ownership might occur under the present language. If it was desired the City Attorney could construct language that would lead to joint ownership. Counci l eember Fazxino said he did not think the contract had to be reopened again. He would assume that staff had worked out a contract on the money utters. He was ready to vote in support of the contract. Coue il er Sher said he thought just one paragraph of the agreement would need clarification. The research was already called "joint4 and the contract so read. The contract did not say World would do the research, it merely said it would provide 125,000 for such research. If a third partly developed a process bath the City and World would tan it. The proposed ameademnit merety clarified that. He supported the amendment. 343 12/4/78 Councilmember Clay asked if Kent Mitchell, attorney for World, would like to respond. Mr. Mitchell said he could commit to nothing further than that World was agreeable to the present form of the contract. World agreed to provide funding; Palo Alto had had to agree to that. There had been no specific discussion on the point raised by the proposed amendment. Vice Mayor Henderson concurred with Councilmember Fazzino's statement about not wanting to open up the contract for further consideration since so much time had been spent on it already. He did not want further delay. Councllmanber Clay said he would revise his amendment so that it wvuld state, "...any and all benefits, resulting from joint research would be jointly owned by the City of Palo Alto and World Resources,.inc." AMENDMENT FAILED: The amendment, that any and all benefits resulting from joint research become jointly owned by the City of Palo Alto and World Resources, failed on the following vote: AYES: Brenner, Clay, Fletcher, Sher NOES: Eyerly, Fazzino, Henderson, Witherspoon ABSENT: Carey Councilmember Fletcher noted that the execution of the section of the contract abut which they were speaking would end December 31,.1980. Did that preclude research done beyond that date? Mr. Aghjayan said that $25,000 was to be spent right away over the next two years. Since it was a ten-year contract any research findings would be put into use immediately. He thought World would be receptive to sore kind of joint funding venture with the City beyond that date. Councilor Fletcher noted that the City could not terminate after December 31, 1980--" ...solely for the purpose of sel 1 i ng ash to a third party or solely for the purpose of recovering valuable metals or substances from said ash, . ." What 1f World chose not to go ahead with other processes, even though they were lucrative? Mr. Aghjayan said he thought the quoted section was aimed at preventing the City from terminating the agreement solely for the purpose of contracting with another party for more profit. He thought the City could expect a good faith effort on the part of World toward recovery of materials and metals other than gold and silver. Mr. Maynor concurred with Mr. Aghjayan. adding that within every contrac was a covenant to act in good faith, i.e., making the contract work for both parties. Should World choose not to develop recovery of other substances they would be in breach of that covenant. Councilor Brenner said that she thought that the contract now before Council did not fulfill the needs stated in the motion preceding the drawing up of the contract, and she feared the City would just make do, should some continpency &rise. with an unsatisfactory contract. Her pessimism, she safe., was based somewhat on the City's past experience with World. She had thought World would take all the new ash; now she found that World would not take the ash on which the assay did not reach $175 in value, and the City was left with it to be disposed of, without having the leverage of the gold and eilvrer, which would have been taken by World, on World's terms. She the ght the contract was better than the contract of . two Booths ago. but it still had the aforementioned shortcomings. She would not support the motion to authorize the agreement. 348 1214/78 MOTION PASSED: The motion, that Council authorize the Mayor to sign the contract with World Resources, as set forth with attachment to CMR:484:8, passed on the following vote: AYES: Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Brenner, Clay ABSENT: Carey RECESS Council recessed from 9:37 to 9:55 p.m. AWARD OF CONTRACT__ j 78-79 SEASON (CMR:478:8) MOTION: Councilre ber Sher moved, seconded by Fletcher, that Council authorize the Mayor to execute the agreement with CAPA/ TheatreWorks for the 1978-79 year. AGREEMENT--CAPA/THEATREWORKS PROGRAM 1978-79 The motion passed on a unanimous vote, Mayor Carey absent. CIVIC CENTER IM?ROVEMENTS-- uallf . t u .490.8) City Manager George Sipel said the purpose the the staff report, dated December 4, 1978, was to set forth alternatives for the fourth floor completion for Utility office purposes, and to rave around various City functions to make them fit within the boundaries of office space. Proposed moves would give much -needed space for the Utilities department. Costs were reasonable, he felt. Councilmember Witherspoon asked if, were leasing to a non -City business were contemplated, it would be feasible to move the Police Department to a place within the tower of City Hall. Mr. Sipel said it was possible, but not feasible; in the staff report it had not been discussed. If Council wonted to explore it staff would do so. Councilmember Witherspoon said she had the ovement of the Police Department to the fourth floor in mind, she did not contemplate moving the pool Ice car parking, and the like. Councilmember Eyerly asked about possible rental of the eighth floor. Jean Ciaz, Real Estate Division, said that on the eighth floor all the existing enclosed space was taken up by machinery to heat City Hall; it would be ar enormous task to hook up a restaurant to the City systems. The mezzanine, the space above the police department, and the fourth floor had been designed for possible hookup with the City systems, The eighth floor was not considered a feasible alternative. Councilmember Eyerly asked if the bu i t di nr had been de s i g!ned so that it could not be used in any other way than for its present purpose. i214778 Mr. Sipe? said the building had been designed so the eighth floor could be expanded to, but specifics regarding future hookup had not been dealt with, and so there would be substantial costs in exo3 sion on that floor. About one-half of it was available'for leasing if it were brought up to standard. Councilmember Eyerly asked about staff's statement that further storage space would be needed. Mr. Diaz said that possible needs for storage had been stated in the context of considering the possibility of leasing some space to commercial uses. Mr. Sipel elaborated: plans for the Building Department were stored on the fourth floor at present. If that space were leased the City might ant- to consider storage on microfilm. Richard Rosenbaum, 717 Garland Drive, commended the wisdom of not adding office space on the fourth floor at this time. He thought that the third elevator should be considered in the light .of the capital improvements plan, so that it would have to compete for limited City resources with all the other proposals, in which competition the idea, he thought, of an elevator would do very poorly. Ccuncilmenber Sher asked if, at the present time, revenue bonds to be issued for the purchase of the gas system in Barron Park were being wlrkee out. Mr. Sipel said the prospectus was being prepared; the arnowi: would be $1,100,000. That amount would purchase the gas system only. The electric system had been purchased through the reserve, Councilmember Sher ascertained that Mr. Sipel had recommended that possible purchase of a third elevator be funded by the capital improvements fund,. If the City proceeded with the proposed relocations, $50,000 of the cost of the elevator could be handed along with the gas utility. Councilmember Sher thanked Richard Rosenbaum for his longterm interest in the matter of possible expansion, and for saying that he did not think it was wise to provide additional office space to provide more government--Councilmember Sher said he agreed with that. He favored consolidating Utility operations at nominal costs; he also agreed that the proposed third elevator costs be borne by the capital improvement fund, and compete with other capital improvement projects. MOTION: Councilmember Stier moved, seconded by Brenner, that Council approve the City Manager's recommendation for changes in the space allocation in the Civic Center at a cost of $60,000, with $50,000 of that amount to be charged to the utility fund; and that the matter of installation of a third elevator be referred to the Finance and Public Works Committee to be considered as a possible capital improvement. Vice Mayor Henderson pointed out a disparity between costs for the gas :utility mentioned that evening by Mr. Sipel and costs mentioned by a May 4, 1978, staff report. Mr. Sipel said he would check his figures further. Councilor Sher.said he thought the $50,000 should be charged to utility fonds and not be paid by revenue bonds. S r. Si eel se id• that if Counc f l wanted the $50,000 i roc l uded in the revenue bond itshould so direct. him .that evening; the revenue -bond -ould be $1,154,000 if the $50,000 were to -be included. 350 12/4/78. Councilmember Eyerly said he thought it would be good if there were some inquiry about getting some revenue from the eighth floor and the mezzanine. AMENDMENT: Councilmember Eyerly moved, that the staff explore the feasibility of preparing the eighth floor for rental and use of the mezzanine floor for rental. Vice Mayor Henderson said he would handle the motion now on the floor. He would return to Counciimepber Eyerly's amendment, as a separate motion. MOTION PASSED: The motion that Council approve the City Manager's recommendation for changes in the space allocation in the Civic Center at a cost of $60,000, with $50,000 of that amount to be charged to the utility fund; and that the matter of installation of a third elevator be referred to the Finance and Public Works Committee ittee and be considered as a possible capital improvement, passed on a unanimous vote, Mayor Carey absent. MOTION: Councilmember Eyerly moved, seconded by Henderson, that the staff proceed on alternates 1, 2, and 3 for leasing of available space in the City Hall tower, and that they also explore preparation of the eighth floor frr economic feasibility of rental, and whether or not the mezzanine floor could be used for rental or if it needs to be withheld for City use. Vice Mayor Henderson had been included in Councilmember Eyerly reports on Alternate eighth floor. said he had thought consideration of the mezzanine the motion just passed. said he would move that staff prepare further 3, along with feasibility of finishing off the Vice Mayor Henderson said he wanted to include further reports on Alternate 2 --on that the "upfront" costs were only $156,000. Counc i lmember Eyerly said it might be best to have staff prepare further reports on Alternates 1, 2, and 3. Mr. Sipel said that he assumed staff was to return with a draft request for proposal. Mr. Sipel said that if there were to be income from areas not new in use a third elevator would be needed. Vice Mayor Henderson ascertained that cost estimates submitted by staff did include the cost of a third elevator. If the motion before Council passed the third elevator would be part of the package. Mr. Sipel said that if Council did not want the third elevator it would save staff time not to consider the other improvements with an eye toward rental. Councilmember Sher said that the motion before Council would assume another elevator for the mezzanine area. me. Sipel clarified that such an elevator would be needed only if there were to be expansion in the present quarters occupied by the police. department. Couec i 1 seember Sher said that perhaps the adequacy of parking should be considered first. 351 12/4/78 Councilmember Fletcher asked if staff had any solutions, or suggested solutions about parking in mind. Mr. Diaz said that the staff pointed out that parking was a factor; he knew of no solutions at the present. Councilmember Eyerly said he would like to request through his motion the needed information, without setting anything in motion. Vice Mayor Henderson said that Councilmember Eyerly's motion then directed staff to prepare a more detailed study, including a financing plan on alternatives 1, 2 and 3. Councilmember Brenner said she did not think there was any answer to the parking problem; she would like to sort out the factors that made for „attractive" tenants for City Hall --she saw many problems with other than governmental tenants. She was not entheaiastic about possible rentals. Councilmember Witherspoon observed how much time was spent waiting for elevators in City Hall; if the installation of a third elevator were funded under capital improvements the project would return to Council, and so Council had control to that extent. MOTION PASSED: The motion that Council direct staff to prepare a more detailed study including a financing plan for alternatives 1, 2 and 3 in the staff report CM2:490:8, for leasing of space in City Hall Tower, and that staff also explore the feasibility of preparing the eighth floor, and also use of the mezzanine, for rental, passed on a unanimous vote, Mayor Carey absent. Councilmember Sher returned to the matter of Utility bonds; the question of whel;her or not the electric utility was acquired with reserve funds should be considered an open question. Vice Mayor Henderson said he had not been in favor of finishing off the fourth floor --he thought the amount to be bonded was still open. DEVELOPMENT ALTERNATIVES DOWNTOWN Councilor Eyerly said he had renoved the item from the Consent Calendar because at one time that area had had the highest priority for open space and park ads, yet the report now before Council stated that park needs for that area would probably be filled with small parks of about one-half acre. He thought at least half of the City block where ttte present one-half acre park was should be given over to park space. Mr. Sipel sari he thought the staff report reflected the changes in the needs of the neighborhood, as well as funding availability; staff had wanted to bring the matter before Council. Vice Mayor Henderson said that the property, acquired in 1968, had been reserved for park purposes, but the need for low- and modera•e-income housing had taken precedence and so the homes had been left in place. Now the block acquired for park gave some opportunity for increasing low- and moderate- i nctoa a housing. He thought the Finance and Public Works Committee could explore that. Councilmember Eyerly said he o ld like to have some idea of the cast of providing at least one-half block for open space. 352 12/4/78 Mr. Diaz said the present staff report set out some criteria and objectives against which they could be weighed. MOTION: Councilmember Eyerly moved, seconded by Witherspoon, that Council approve the staff recommendation to refer the matter of Downtown Park North to the Finance and Public Works Committee. The motion passed on a unanimous vote, Mayor Carey absent. CITY SURPLUS PROPERTY -- E WO05TEEt CANAL Mr. Sipel, City Manager, said sale of these properties had been approved through niotion,•but not resolution. The title company involved in each sale had wanted the sale to be authorized by resolution. It would be proper to bring the item before Council as an emergency. MOTION: Councilmember Fletcher, seconded by Eyerly, moved that Council bring forward the matter of sale of Seale Wooster Canal and the old City pole yard, as emergency items, The motion passed on a unanimous vote, Mayor Carey absent. MOTION: Councilmember Clay introduced the following resolution and, seconded by Fazzino, moved that Council adopt it. RESOLUTION 5622 entitled "RESOLUTION OF THE COUNCIL )HE CITY OF PALO ALTO AUTHORIZING SALE OF SURPLUS PROPERTY FORMERLY A PORTION OF THE SEALE WOOS T ER CANAL AND THE CITY OF PALO ALTO POLE YARD." MOTION PASSED: The motion passed on a unanimous vote, Mayor Carey absent. RE!UEST OF MAYOR CAREY AND TING HES Vice Mayor Henderson said he and Mayor Carey represented the City at a meeting with East Palo Alto on November 27. He said that East Palo Alto' had had a choice between a Dumbarton Bridge with no southern approach road, cr an improved Dumbarton Bridge with a twc-lane southern approach. East Palo Alto had chosen the Orton Bridge with no southern approach. Corrected however, at the present time, East Palo Alto had changed its wish, and see page wanted the new Dumbarton Bridge with the southern approach. Mr. Henry 409. Anthony of East Palo Alto Municipal Councils had said East Palo Alto now would accept a southern approach just to the marina and Industrial Park area. If a full approach to the bridge were constructed the state would pay the entire cost. If the approach went just to the marina and Industrial Park other funding would have to be obtained. East Palo Alto hoped that Palo Alto would pay part of the coot. East Palo Alto, Vice Mayor Henderson said, spoke of having primarily warehousing activities in the Industrial Park, much of the warehousing to serve Stanford Industrial Park. Both he and Mayor Carey had pointed out that with such warehousing activities few Jobs were created., there was little sa l es tax revenue and property tax revenue was also down. The original southern approach had been directed down Laurel Lane, at which location the new post office is rxnr being built. Vice Mayor Henderson described the course the approach was to take, across E rcadero, and, with the construction of a new ramp, traffic w;,u 1 d be carried to Oregon Avenue. Now some buildings had been constructed in that original proposed route. If there were a connection to the Dumbarton Bridge there would be a through -route hems H1ghwy l r across the bay to Highway 28O, that is, from Oakland to Santa Cruz, leading to a considerable increase in traffic. A bottleneck on Willow Road would force more traffic onto University Ague, and so Palo Alto 353 12/4/78 wanted another look at those traffic figures. Much of the University Avenue approach is in Menlo Park. Atherton, Menlo Park, and citizens' groups from those municipalities had gone to court, and been granted legal rights either to approve or veto any proposed bridge approach, which brought in influences beyond East Palo Alto. MOTION': - Vice Mayor Henderson moved, seconded by Eyerly, that Council direct staff to prepare a report for the Council re: Dumbarton Bridge approaches, such report to include information on 1) estimated traffic on University Avenue, 2) estimated traffic on a southern approach to the Bridge, 3) estimated traffic at the southern approach to the marina and industrial areas, 4) information or: alternative connections to Bayshore and Oregon, 5) legal status on changes, 6) information on potential traffic through the Highway 17 --Highway 280 corridor, and 7) information on the types of industry proposed by East Palo Alto for its industrial park. Councilmember Fletcher suggested that staff also consider the matter of additional traffic on Embarcadero. Vice Mayor Henderson said that he also had wanted to keep additional traffic off of Embarcadero; he would include that in his motion. Councilmember Clay asked if the University Avenue access had yet to be approved. Vice Mayor Henderson said that further information on legal points, such as the need for approval by Atherton and Menlo Park, had to be gathered. A discussion ensued as to various proposed routes given in plan views o7 the area included in Councilmembers' packets. Councilmember Eyerly suggested that a connection might be possible between Oregon Expressway and San Antonio. He did riot think the City would be interested in approaches that did not spare it fro some through traffic, as night be the case if Bayshore Freeway were used. Councilmember Sher noted that at one place on Willow Road/Dumbarton approach where there was a bottleneck Raychem punned to build, and add about 5000 employees; there was to be a signal at that juncture, so that people could come out from Raychem. It had been decided before the Corrected see advent of Bay Conservation District Commission (BCDC). On the matter of page 409. the motion now before Council, he had thought it a mistake for the East Palo Alto And Palo Alto councils to try to get together and hammer out a proposal. He thought it best for representatives of both bodies to get together to try to identify a proposal that might be favorably viewed by both entities. He had not thought Palo Alto might take a leading role in trying to produce a staff report that mould try to identify the proposal including East Palo Alto's plans for its industrial area --he did not think it was Palo Alto's Job to investigate such problems. He did agree with Mayor Carey that Palo Alto was being asked to help out with plans for East Palo Alto's development, but might wind up just providing a through road from Oakland to Santa Cruz and used mainly for that purpose. He had hoped, with Henry Anthony, that there would be a route not requiring tying into Oregon Avenue but that alight help East Palo Alto. That was the kind of proposal he would like to see evolve. Councilmember Sher said that staff's report would say there would be much more traffic on University Avenue, and so.a report with a built-in bias toward a connection with Oregon Avenue would result. He mould not support that. The Oregon Freeway question brought him into politics in 1966 --he would not support it then and he would not support it now. 354 12/4/78 Vice Mayor Henderson said he had said thy: same thing regarding a possible connection to Oregon Expressway; the East Palo Alfio'representative had "backed up" to an alternative proposal that there be a southern approach road to the marina and industrial park. At that point both he and Mayor Carey had said they would have to gather further information so that ealo Alto's Council could determine what steps it wanted to take then perhaps meet with East Palo Alto again. Councilmember Sher said that in that case he thought staff investigation could be limited to access to the industrial park. He said he would consider an approach to the bridge that tied in with the frontage road. There could be some consideration of improving interchanges with the Bayshore Freeway. He thought the Bayshore Freeway, not Oregon or El Camino or Foothill Expressway, should bear the traffic. He thought the staff assignment cortained in the motion should be narrowed to investigating Mr. Anthony's proposal. If the entire staff assignment _were made it could be misleading as to Palo Alto's intent; also, if the report were made, it would provide a lot of momentum for the East Bay --Highway 280 connection, which he did not support. Vice Mayor Henderson said he would be willing to eliminate the third part of his motion about the estimated traffic at the southern approach to the marina and industrial areas. He thought that Palo Alto either had to say it was willing to get some data and discuss further meetings with East Palo Alto or say Palo Alto was not interested at all. Councilmember Sher pointed out that the proPosed industrial park was going to be tied to the bridge, and if a separate road tied to the industrial park and Oregon it would give an alternate to traffic heading both south and north --he would hope for a proposal less ambitious and r are acceptable to Palo Alto that he could support. Vice Mayor Henderson said that the choices given East Palo Alto of connecting with the bridge or a southern approach to the marina and industrial park were the proposals also before Palo Alto. Palo Alto ether considered them, or did not consider them. In either case, Council needed more information. Counci►member Sher said that another constriction on discussion was who was to pay for the proposed route. Counc i lmeaaber Brenner said she agreed_ with most of what Counci limber Sher- had said. She pointed out that unless the report touched on land use in Alameda and Santa Cruz counties the entire picture could not be send. The motion assumed a successful warehouse district in East Palo Alto and the motion alsoassumed that the area it served was at the other end of Stanford land off of Oregon Avenue. That brought up the matter of trucks on Oregon Avenue. Trucks were "never" to have been Corrected allowed on Oregon when approval of constructing Oregon Freeway was see page granted . 409. Vice Mayor Henderson said that was why he had included 7) asking for information on the types of industry proposed by East Palo Alto for its industrial park. Council or Brenner said that residents along Oregon Avenue were very strongly against turning Oregon Avenue into a freeway. She was concerned about Dumbarton Bridge bringing traffic into every street in Palo Alto. Palo Alto had no control over closing Univer'sity Avenue, and so one street could not be traded for the other. Once a road connected Palo Alto's Industrial Park with an East Palo Alto through street, Palo Alto would have no control over whether or not that road would eventually connect to Dmbarton Bridge. One possibility might be to connect Cooley Landing with Bayshore Frontage in the portion that led to the new post office. 355 12/4/18 1 1 Corrected see page 409. Vice Mayor Henderson said the sole concern that evening waa for Council to decide if ft wanted to meet further with East Palo Alto. East Palo Alto said it had approved financing from the federal govern+pent for both the mmrina and industrial park, and it would need a decision from Palo Alto in mid -January or February so that it would know how to plan., Councilmember Eyerly reviewed Council action on the Netherton Bridge: it had vetoed any approach to Embarcadero and Oregon; the;City had initiated a lawsuit to try to stop the University Avenue'ap roach, and it had been unsuccessful. Now Palo Alto had to do whatever it could with the traffic problems the bridge would generate. The motion, he thought, led to some kind of a southern approach that did not connect to Oregon and Ernbarcadero-- some crossover or underpass with a connection to Bayshore below Oregon overpass. If traffic went onto Bayshore it "would leek its own level" and he would support the motion to obtain figures on traffic patterns and alternative connections. Councilmember Fletcher said that the lawsuit settlement had been made prior to the passage of the Holmdahl bill; before passage of the Holmdahl bill Palo Alto also had veto rights over approach roads, and Atherton and Menlo Park now had. Did that withdrawal of veto rights not also apply to Atherton and Menlo Park? Marilyn tiorek Taketa, Senior Assistant City Attorney, said that the W:l ahl bill set up territorial rights to veto, rather than by municipalities. Palo Alto did not lose its territorial right to veto --construction within the territory had to have been proposed, then the veto could be put in force. Vice Mayor Henderson said that that was why he had included part 5 of his motion, asking for legal status on changes. Councilmesrber Witherspoon said she thought the most valuable part of the motion now before Council was the request for information on the legalities of what could and could not be done in relation to the Dumbarton Bridge connection. She did not know why East Palo Alto wanted a connection with the East Bay since the personnel for their proposed industrial park were to be hired locally. She thought it might be unfair to East Palo Alto to imply that the dialogue would be continued. She did not think it was good to imply that Palo Alto was willing to do snore than it had stated it was willing to do. She did not think it was worth the staff's time to do a lot of traffic studies, for simply knowing numbers of cars would not ultimately affect what Palo Alto wanted. Vice Mayor Henderson said it did not appear that Palo Alto could legally approve an access read to Cooley landing industrial area --there would be problems when it drew near the bridge approach. Councilmember Witherspoon remarked that East Palo Alto could approve such a road --the point seemed to be that it wanted Palo Alto to pay for it. Vice Mayor Henderson said the road had to go some distance through Palo Alto. He said he would be willing to cut back on some of the points in his motion. III Corrected Cor nci lmea+der Witherspoon said that a road came into the frontage road 409see page about too blocks north of the present post office, that could be used. Vice Mayor Henderson said that that road could not be used --the proposed road was to '..oe a truck route and the road she spoke of was a residential street. Council could amend his motion, and place restrictions on proposed roadways, and the like. His motion intended only that such matters as it contained be placed before Councilw>eebers. 356 12/4/78 Robert Moss, 4010 0rme, said that Council. bers Sher and Brenner had made most of the points he hao wanted to make. He did not think East Palo Alto should be led to think it could solve its problem by dumping more traffic onto streets in Palo Alto. He t ought that hope of lessening traffic on University Avenue had been lost when the lawsuit had been lost. East Palo Alto's industrial development was out of Palo Alto's hands. He forecast that much of the land proposed for warehousing in East Palo Alto would be purchased by speculators for housing, with the poor people "...getting moved out." Joseph Carleton, 2350 Ross, questioned that success of East Palo Alto's proposed industrial park was dependent upon access roads. Access from Willow Road to the proposed marina would benefit only East Palo Alto. and it should go through undeveloped laid. He thought the proposed widening of ! bridge Avenue and Bay Road were a part of the "hidden agenda" of Orton Bridge improvement. It would lead to land speculation, which was now going on. A plan to develop an approach to the Port of Redwood City north of Marsh Road, and the expansion on 59 acres of research and development headquarters for Raychem violated state and federal statues prohibiting piecemealing environmental reports and environmental impact statements, and that, too, was now taking place. It was "nibbling away"; a comprehensive statement had never been made, and ore that spoke of the entire consideration of Highway 17 to Highway 280 was needed. Hr. Carleton recalled that under the proposed Steven's plan East Palo Alto could have had the southern approach with no new traffic and no new bridge, but it had vetoed that plan. Now that East Palo Alto had the new bridge it suddenly decided that the access road was important. East Palo Alto had been warned that with the new bridge its community would be divided by the road, and the community would be turned into a doormat, just to be passed over. On the matter of Palo Alto's streets, he felt that Oregon Avenue was just as deserving of protection as University Avenue.. Tax benefits from the proposed industrial park in East Palo Alto had been reduced through passage of Proposition 13, and so far as jobs created, people in the Urban Coalition had acknowledged that warehousing was light industry; the Urban Coalition had said that a labor intensive industry would not be attracted to the area. Mr. Carleton said he strongly opposed spending any taxpayer's money on a study to develop what was already known. Palo Alto had already spent thousands of dollars in legal expenses opposing Dumbarton Bridge and the southern approach to Oregon and E arcadero Avenues. While he did not think any of the roaday proposals made so far mold work, ultimately some for of rapid transit gave most hope of solving the problem in the future. He foresaw another gas shortage that would make deliberations on the new bridge and roadways merely academic. Vice Mayor Henderson said that from counts made subsequent to the making of his motion he concluded that he would withdraw his motion, and let the Council start over on a **Vele members wanted to make. He Correctedrecailed one point: a statement that East Palo Alto's industrial park see page has strictly dependent on East Palo Alto --East Palo Alto said that its 409. wish to work with Palo Alto arose from a consultant's finding that no marina and no industry could be successful without a southern approach, with truck access fromr Baystnore. Government funding without the southern approach would not be available. Test situation had led to East Palo Alto's appeal to Palo Alto. NOTION WITHDRAWN: Vice Mayor Henderson, with tee agreement of the second, Counci lrember Eyerly, withdrew his motion. MOT I0N : Councilmember Witherspoon moved, seconded by Brenner, that staff be directed to find out whst Palo Alto's jurisdictional options are vis-a-vis the precedent sit by the loss of the lawsuit. 357 12/4176 Councilmember Witherspoon said she would like to have the staff report by the first part of January. Councilmember Eyerly said he thought that Palo Alto could not do anything legally to stop the approach; it would be wise to look at trade-offs and see how Palo Alto could get out of the University Avenue approach. Councilmember Witherspoon agreed, saying she wanted to know the legal trade-offs. Councilmember Sher said he was thinking of a limited assignment to staff, for them to consider what Palo Alto might do to promote an access from the bridge or the marina and industrial park to Bayshore Freeway without any new direct connection to Embarcadero or Oregon Avenues. He stressed that he objected to any direct connection with Embarcadero or Oregon to provide a corridor --he found that unacceptable. The only suggestion he had heard that was at all acceptable was to provide access from the marina and the industrial park to the Bayshore Freeway. He would specifically state that in any study that took place there was to be no such direct connection to Embarcadero or Oregon. Vice Mayor Henderson added that San Antonio was also jammed with traffic all the way from Bayshore to Los Altos. Councilmember Sher said the approach road should connect to Bayshore Freeway --motorists could then take their desired roads off of that. Councilmember Fazzino said he thought both motions reflected Palo Alto's great concern that traffic not be added to its already over -burdened street. He favored meeting again with East Palo Alto to talk more. Vice Mayor Henderson said that at the last meeting it was felt that more information was needed before East Palo Alto and Palo Alto met again, and then they would meet as two councils. rrected see ge 409. MOTION PASSED: The motion that staff be directed to find out Palo Alto's jurisdictional options vis-a-vis the legal precedent set by the loss of the lawsuit passed on a unanimous vote, Mayor Carey absent. MOT I ON : Counc i l member Sher moved, seconded by Brenner, that Counc i l direct staff to consider and report on the feasibility of an approach or access route from the bridge or the marina and proposed industrial park, to the Bayshore Freeway, without any new direct access to Embarcadero Road or Oregon Expressway. The notion passed on the following vote: AYES: Brenner, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher NOES: Witherspoon ABSENT: Carey Councilor Witherspoon said she did not want to do East Palo Alto's planning for them. ORAL ICATIOMS None ADJOURNMENT MOTION: Councilmember Fazzino eyed: seconded by Fletcher, that Council adjourn. The motion passed on a unanimous voice vote, Mayor Carey absent. Council adjourned at 11:40 p.m. 358 !2/4/78 1