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HomeMy WebLinkAbout1977-07-25 City Council Summary Minutes1 e 1 CITY COUNCIL Minutes ITEM Oral Communications Consent Calendar Regular Meeting July 25, 1977 Employees' Retirement Program and One -Time 15X Benefit Increase for Certain Retirees Squire House: Approval of Site and Building Improvemants Historic Preservation Services: Resolution and Contract with the State Resolution of Welcome to Oaxaca Exchange Students Appointment of Human Relations Commissioner Referendum Petition re Ordinance 2995 (520 Mayheli Avenue, "Barron Square") 5 1 Coif Course Improvement Project: Non -Profit Corporation Beard of Directors 5 4 Report of City Attorney re Westbay Litigation 5 8 Request of Counci ers Fazzino and Eyerly regarding the Possible wise of the south Advisory Council 5 9 Councilmember Henderson re Traffic Speeds on Certain City Streets 6 1 Procedure for Appointing Co>MiesiJn Members 6 7 Adjournment ixi miry of Former !Mayor Byrl S$3srsan 6 8 CITY OF PALO ALTO PAGE 4 9 4 9 4 9 4 9 50 5 0 5 0 48 7/25/77 July 25, 1977 Regular Meeting The City Council of the City of Palo Alto met on this date at 7:45 p.m. in a regular meeting with mayor Sher presiding. PRESENT: Brenner, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: Carey Mayor Sher said that an Executive Session on personnel matters would take place later. ORAL COMMUNICATIONS 1. John Youngs, 561 Hilbar Lane, objected to the City's "tree program." which meant that he and his neighbors had the irritation of tulip trees on their property. Tulip trees gave off irritating honey that streaked cars and made shoe soles sticky. The City had responded to his call by coming out and rinsing off the tree, but the City had not rinsed off any of the neighbors' trees --if a neighbor called that tree and only that tree was rinsed off. The roots of the tree had made work on the water line necessary, which had to be paid for by himself , and also the roots had caused the sidewalk nearby to rise, which meant a possible suit should a pedestrian stumble. He and his neighbors viewed these trees as public nuisances, which had been imposed on them. 2. Frank Manfredi, 219 Addison, urged Council to start at 7:30 p.i . sharp; he attributed the present high wages to the trade union movement, which he praised. Such high pay rates had a profit for the manufacturers tacked onto it which was falsely attributed to the unions, but only went into the pockets of the "ruling classes." He traced some labor history which had resulted in the present depression, which was called, to error, inflation. CONSENT CALENDAR Referral Items ?none Action Items EMPLOYEES' RETIREMENT PROGRAM AND ONE -TINE 15% BEidEPIT INCREASE FOR CERTAIN RETIREES ORDINANCE OF THE COUNCIL OF TE CITY OF PALO ALTO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY or PALO ALTO MW THE BOARD OF ADMINISTRATION OP THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM SgUIRE HOUSE: APPROVAL OF SITE AND BUILDING IMPROVEMENTS (CM:38877w 7 Staff reco ends that improvements to the Squire House as requested by Mr. William Cox and as reviewed by the Architectural Review bard, be approved, 49 7/25/77 HISTORIC PRESERVATION SERVICES: RESOLUTION AND CONTRACT WITH THE STATE (CMR:376:7) Staff recommends adoption of the ordinance and resolution and that the Mayor be authorized to execute the agreement. ORDINANCE NO. 3004 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 1977-78 TO ESTABLISH AN APPROPRIATION TO SURVEY THE HISTORIC RESOURCES OF PALO ALTO" RESOLUTION NO. 5346 entitled "RESOLUTION OF THE COUNCIL OF THE CITY Gig PALO ALTO APPROVING AN APPLICATION FOR HISTORIC PRESERVATION SURVEY FUNDS AND A CONTRACT FOR THE ADMINISTRATION OF SAID FUNDS." AGREEMENT -- HISTORIC SURVEY PROJECT AGREEMENT MOTION: Counciluember Fazzino moved, seconded by Eyerly, that Council approve the Consent Calendar, Action Items. The motion passed on a unanimous vote, Councilmenber Carey absent. RESOLUTION OF WELCOME TO OAXACA EXCHANGE STUDENTS :4aynr Sher welcomed the exchange students from Palo Alto's Sister City, Oaxaca, Mexico. He read the City's resolution of welcome in English, and a representative of Neighbors Abroad translated the resolution into Spanish and read it aloud. MOTION: Vice Mayor Brenner introduced the following resolution and moved, seconded by Eyerly, its adoption: RESOLUTION 5437 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO RECOGNIZING THE PRESENCE OF OAXACA, OAXACA EXCHANGE STUDENTS AND WELCOMING THEM TO THE CITY OF PALO ALTO" The motion passers on a unanimous vote, Councilmenber Carey absent. Mayor Sher, assisted by Ms. Miriam Mandell, gave personalized copies of the resolution to: Laura Mendez, Nina Gjumlich, MAtis Guzman, Laura Lopez, Alejandro Zomara, Carlos Perez, Hortensia Gal1a, Flor Gutierrez, Marta Quintana and Carina Fierros. APPOINTMENT OF HUMAN RELAIIONS COMMISSIONER Mayor Sher said the Council had agreed to make the appointment in their customary manner, but that the subject of how appointments to advisory bodies was made was being reviewed by the Policy and Procedu:es Com- mittee and then by the Council as a whole when it received the Committee's report. The vote that evening would be by secret ballot and the City Clerk would tally the ballots with the applicant receiving five votes to be appointed. Councilmember Henderson preferred trying to ballot openly --he said he would like to reed off all the names and give the voting totals publicly. Mayor Sher said tb.t the full .list of candidates could be read; a motion action was required to permit giving the voting totals. Councilmember Henderson read the following names: Richsrd L. Amoroso, Ronald D. Anderson, Harry Anisgard, Jocelyn P. Baum, Terry Burton, S0 7/25/77 50 Barbara Deerkop, Bryan K. Devendorf, Edith T. Eddy, Kenneth J. Grant, Jr., D. Conrad Jarvis, Harold Joseph, Virginia Lee, Leland D. Levy, Susan Murrison, John F. Ruhm, Don Surath, Clarene N. Watts, Donald A. Way, and Douglas S. Winslow. MOTION: Councilmember Henderson moved, seconded by Fletcher, that the totals of each ballot be read aloud after each vote. Councilmember Witherspoon said that the minutes of the Policy and Procedures Committee would give Councilmember Henderson the reasons the Committee did not want to follow the procedure he had moved for. She favored proceeding in the customary way. Councilmember Eyerly agreed with Councilmember Witherspoon lecause passing Cowacilmem +er Henderson's motion would preempt the discussion of what the deliberations of the Policy and Procedures Committee had concluded. Councilmember Fazeino said he would urge the Council to vote against the motion for the reasons given by Counciimembere Witherspoon and Eyerly. Councilmember Henderson said his motion if passed would operate only for the present balloting —he moved it for his own peace of mind. Vice Mayor Brenner said that for that evening she would like to abide by the rules that had already been established. MOTION FAILS: The motion that the totals of the ballots be read aloud after each ballot failed on the following vote: AYES: Fletcher, Henderson, Sher NOES: Brenner, Carey, Clay, Eyer1y, Fazzino, Witherspoon Mayor Shc.. asked Councilmember Fazzino to collect the ballots and take them to City Clerk Ann Tanner. Mayor Sher announced, after the eighth ballot, that the newly elected member of the human Relations Commission to fill the term vacated by now--Councilmember Cary Fazzino was Douglas Scott Winslow. The term would end December 31, 1979. ADM PETITION RE ORDIKANCE 2995_ _L20 Y .i' E, ' Mayor Sher enumerated the options open to the Council: rescind the ordinance or put the natter on the ballot for a vote of the people. Council had no jurisdiction to attempt to revise or reach agreement with the developer, or the people who dissented, .or to return the matter to the Playing Commission for consideration. Another ordinance would be required to rescind Ordinance 2995, and that required five votes. h nation to place the matter on the ballot required a majority vote of those Couacilme bergs present for passage, in this case, five votes. Sam Sparck, 4099 Laguna, said about 2700 valid signatures had been obtained from people throughout the City, with about 1000 from the Barron Park neighborhood alone. He was a member of the Barron Park Hers' Ae.ocistion board of directors, which had opposed the density of the proposed project consistently. Be had observed City-wide interest as he obtained signatures. Be thought the referendum would deny the permit to develop, but en election would be costly --therefore he favored having Council rescind the approval. 5 1 7125177 Density on 7.5 acres should be 70 units, anything else should be zoned P -C, which would give citizens an opportunity to give input; any new development would be better than the present. Mr. Sparck expressed dismay at how difficult it had been to bring about the present deliberations on Council voting on either rescission or referendum. "Palo Alto has an alert citizenry. that won't go away," he concluded. Gary Bailey, 3094 Greer, opposed zoning the Barron Square property P -C, and favored rescission of the ordinance. Enforcement of P -C provisions seemed to be on a complaint -induced basis, which meant that people had to have no fear of retaliation in order to make the complaint. He had complained about a property being in violation of the zoning, and to date no action had been taken by the City. He ;urged the City to put some teeth into the enforcement policy. Jim Bechtold, 4181 Verdosa Drive, spoke of people's willingness to sign the petition when they learned how many units were planned for Barron Square; the same numbers of people would probably turn out to vote. He asked Council to rescind the ordinance. Roger Shoff, 674 Florales Drive, read a letter published in the Palo Alto Times thanking volunteers who gathered 3000 signatures in 23 days. Joyce Anderson, 3881 Magnolia, projected a transparency on the wall screen :,how.ing the distribution of people who signed the petition. She gave a detailed enlmeration of the apartment buildings in the area, to illustrate the already heavy traffic ancF"Oarktng situation. She asked that Council rescind the ordinance permitting the Barron Square develop- ment. Mr. Robert Anderson, 3881 Magnolia, told of his specific experiences while gathering his 333 signatures for his copy of the petition. People i) did not like condominiums and 2) wondered why Barron Park had annexed to the City. Robert Moss, 4010 Orme, said he thought Council would see, when he was done, that it had no option but to repeal the zoning. He projected a slide from the Walter Bliss report of January, 1976, and told the various densities according to possible zoning classifications, adding that since the developer no longer owned a specified R-5 portion of the property the proposed P -C project could no longer be built and "...there- fore anything else is moot." He told of suggestions he had made which the developer bad incorporated and that would result in about nine units an acre. Mr. grace said that at his own request the developer had agreed to meet with the community to present his options. Mr. Orme said the community had to maintain vigilance that even higher density was not permitted on another section of land. He asked Council to rescind the ordinance. Anne Steinberg, Chairwoman of the Planning Commission, asked that Council not rescind the P -C ordinance, which had been recommended by the Planning Commission, for it was in conformity with the Comprehensive Plan and had been the result of many Commission and public meetings. She asked that the natter be put on the ballot at a regular election --then the City would know how the people felt about the land use section of the Comprehensive Plan, for s u1ti-family housing had been thought a aeana of upgrading that section of the El Camino. Councilaember Fazzino repeated that the issue was if Council should rescind the ordinance or put the matter on the ballot. The question was one of wit was an acceptable, veil designed project suitable for the area. He did not favor the referendum for he did not think all the citizens should vote on "such a local issue"; he did not want the City 5 2 8/25/77 to have to spend the money on an election; he did not want to tie up the issue lei months to come. He favored having Council rescind the ordinance and have the developer, with the Planning Commission, work out plans more reappensive to the concerns of the residents. MOTION: Counccilmember Fazzino introduced the following ordinance and moved, becceded by Brenner, that Council adopt it for first. reading: ORDINANCE OF THE CO'.INCIL OF THE CITY OF PALO ALTO RESCINDING ORDINANCE NO. 2995 RELATING TO A CHANGE OF ZONING CLASSIFICATION FOR PROPERTY KNOWN AS BARRON SQUARE LOCATED 520 MAY BELL AVENUE Councilmember Henderson said that he had learned that a majority of the Corrected--- board membeta of the Barron Park Association favored having a referendum See pg. 143 rather than rescissicn, though testimony that evening had been to the contrary. He would vote to repeal. the ordinance because 1) the majority of residents near the project opposed it; 2) he had promised to oppose further high density development after the Arastradrero Park project; 3) he had confidence a better project could be developed. Councils ember Fletcher Said that, from the sense of the Comprehensive Plan, she did not believe the proposed project fitted into it, and she quoted from page 4 of the Housing element, "It is important to maintain the character and physical duality or, residential neighborhoods...." She read from page 8, ".._to maintain the general low density character of existing single-family areas." Adding all the units from the recent new projects totaled 213 units within a small area, which she believed would change the character of the neighborhood markedly. Residents were not unreasonable to ask tor a reduction to 10 units, for that number would add considerably to traffic. She reviewed the negative results of the proposed Inetallation of a traffic light at Maybell, concluding that she would vote for rescission. Vice Mayor Brenner said City policy had consistently been not to impact neighborhocds. Conventional density in Palo Alto's R-1 had been 5 units per gross acre. She read from page 61 of the Comprehensive Plan, describing density comparable to duplex toning as 10 units per gross acre, and that figure for a low -density multi -family area could reason- ably describe the average density of the whole of the El Camino frontage. She fevered rescinding the ordinance, adding that she felt the matter concerned Barron Park particularly, and not the entire City. Cc;uncilmember Witherspoon aaid she would riot vote for rescission for some of the reasons given by Ms. Steinberg. Also, she felt there was a segment of Palo Alto that opposed both residential and commercial building, a fact confirmed by the fact that half the signatures were gathered outside the Barron Park area. Earlier in the year a large auMber of speakers had urged Council to maintain the land use as set forth in the Comprehensive Plan. In the past controversial issues had been placed on the ballot and she thought it was the tairest way She thought the plan was excellent, and appropriate for a difficult site. Even if the plan was modified there was little to say it could not be referended again, and the way to decide the issue was to place it on the ballot. Counc1Znrember Eyerly stated that the plan had been good, and that under P. -C zoning the City had certain protections, such as the requested traffic light. Residents asked too each to have that long -vacant property toned R -I, and with R-1 residents ran the risk of having ma- stery houses built. The builder could not profitably build at a lower 53 7/25/77 Neel -PROFIT density --if the matter went to litigation the costs were high --voting for rescission did not solve the problem, but perhaps residents and the builder could work out a mutually satisfying plan. He would vote for rescission. Councilmember Clay reviewed the background, saying both Planning Come - mission and Council had approved the plan. He thought the City should hold to its decision to approve to the extent of placing the matter on the ballot, though it was costly in money to the City, as well as to the developer through the delay. He would vote against the motion to rescind. MOTION PASSED: The motion that Coun it adopt for first reading the ordinance to rescind Ordinance 2995 passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson., Sher NOES: Clay ABSTAIN: Witherspoon ABSENT: Carey Councilmember Fletcher asked that the weeds on the proposed "Barron Square" property be attended toy they were an eyesore and a fire hazard. Charles Walker, Assistant City Manager, said that the Saata Clara County Weed Abatement Program staff would be notified. GOLF COURSE 'MOVEMENT PROJECT: BOARD OF DIRECTORS (CISR:387:'7) CORPORATION Ken Schreiber, Assistant Planning Director, said formation of a non- profit corporation board of directors was time -consuming --the number could be an odd number with five being the most common, and members could not be members of either the City staff or Council. They could not be paid for their time; they did not have to be Palo Alto residents. A non-profit corporation board was not a working so much as a paper function; the City turned over the golf course to the non-profit corporation which in turn leased the golf course back to the City; the City, under the terms of the lease, aaee ed all, the expenses for main- tenance and operation, and the 20 -year lease guaranteed to pay for the bond. The City entered into a legally binding contract with the corpor- ation which afforded the basis for obtaining a very good interest rate on the bond market, since there was a legal commitment to generate the funds. Payment on the bonds would be handled through the City Con- troller and City treasurer. Staff recommended that a five -member board be formed, one member each from the five adult golfing organiza- tions at the Palo Alto golf course. In that way the board would be made up of those who used the course, and also staff could get the names of the prospective members to submit to Council for choice. It was hoped that the legal papers would be submitted to Council by August 15. Councilmember Witherspoon asked who would write by-laws. Larry Jensen, bond counsel for Wilson, Jones, answered that the by-laws would be written by the directors and approved by the City Council. The by-laws would have to be drawn so that they met the requirements of the internal Revenue Service for tax exempt statue --the ultimate goal of the plan. 54 7/25/77 Councilmember• Witherspoon asked if the non-profit corporation would lose its tax exemption if it had to confer with the City. Mx. Jensen said the main function of the non-profit corporation is to act as a financing vehicle on behalf of the City, for construction, of golf course improvements. The assumption was that the non-profit corporation would totality with the Internal Revenue Service to obtain tax-exempt status which the City could obtain on its own obligation; one of the qualifications to get tax-exempt atatus was that the by-laws had to be approved by the City and also limited to a financing vehicle to construct the improvements. Councilwoman Witherspoon observed that junior golfers would not be represented on the board --she knew the board had to be composed of adult members but was it planned that the juniors be included informally? Ken Schreiber replied that board members would function for five years, and among junior golfers there was a more rapid turnover than five years; he said he would ask if a junior golfer could become a non -voting or ex -officio zaennber. . CounciLnember Witherspoon asked if board members had to be Palo Alto residents. She said she preferred that the majority of board members would be. Mr. Jensen answered that the only requirement to be a board member so far as residence was that they had to be public spirited. Counci1mennber Clay asked what more had to be done to qualify the cor- poration as non-profit. . Mr. Jensen replied that it would be incorporated under the laws gov- erning non-profit corporations in the state of California. No earnings or dividends would go to anyone concerned with the corporation. After the financing loan was paid off the assets thus acquired must revert to the City. The City was not financing the golf course improvements itself for a two-thirds majority vote was needed from public voting --a cumbersome procedure. Sometimes funding was done on a revenue bond basis, and in that case the_ bonding agency had to be satisfied that the revenue would pay off the indebtedness. The present anode of financing was being used, with the City entering into terms of a lease. Councilmexaber Clay said that the non-profit corporation was a legal entity with stated responsibilities. Bid it have any authority? Nir. Jensen answered that the only real authority of the board was the issuance of the bonds, then it had the duty to pay the necessary pay- ments. Councilmember Fletcher questioned the possible limitation of people available to serve on the board if eligibility were limited to Palo Alto residents. Ken Schreiber replied that neither he nor Mr. Jensen foresaw any problem from that requirement. A requirement could be that three out of five of the board members were to be Palo Alto reaidents, or that all members must be residents. Mayor Sher said that the discuadion led him to assume that there would be more power to make decisions that is contemplated in the bonding arrangement. 5 5 7/25/77 Mr. Schreiber confirmed that key decisions, such as maintenance budget and fees would be made by the City Council by the terms of the lease. Councilmember Henderson said he did not question the formation of the non-profit corporation. He favored having somebody from the general public also on the board, as well as members of the golf clubs. Mr. Schreiber said that since time was short the existing clubs gave a ready list of board candidates --he said he could not think of a "mechanism" that would generate a name from the general public in time to draw up the list of candidates. Councilmeatber Henderson recalled a Citizens Golf Course Advisory Cone- mittee. Kr. Schreiber replied that he thought all of those people were gibers of the golf clubs. Councilmen ber Eyerly aaid that perhaps a staff report was needed for a review of management. The proposed board had so few duties it could possibly be built into a management organization, for the restaurant and clubhouse --the whole set-up. He asked bond counsel his opinion. Mr. Jensen replied that IRS had rather fixed requirements on what would be allowed; one of the requirements was that the board act only as a financing mechanism on behalf of the City. If that was to be expanded, it should not be done at the outset. A second group, as a commission, could be created by the board, to take on those management functions. Mr. Schreiber said that if management activities were to be undertaken it would have to be done outside the scope of the non-profit corpora- tion. MOTION: Councllmernber Eyerly moved, seconded by Fazzino, that Council approve the staff recommendation that each of the following organiza- tions recommend a member of the Board: Palo Alto L'ien's Golf Club, Palo Alto Senior Ken's Golf Club, Palo Alto Woman's 18 Hole Golf Club, Palo Alto Woman's Monday 9 Hole Golf Club, and Palo Alto Woman's Wednesday 9 Hole Golf Club; and that the Council will ratify the membership of the Board with the first Board being approved when the nonprofit corporation is created: and that creation of the corporation should, it the overall timetable is to be met, occur by the middle of August. AMENDMENT: Couacilmember Witherspoon moved, seconded by Brenner, that all five board ,members be Palo Alto residents. AMENDMENT FAILED: The amendment that all members of the proposed board be Palo Alto residents failed on the fol.lowing vote: AYES: Brenner, Clay, Witherspoon NUS: Eyerly, Fazzino, Pletcher, Henderson, Sher ABSENT: Carey ,Ray Witt, 769 Allen Court, reviewed that as presented that evening the non-profit corporation was a legal entity to accomplish an approved plan. The non-profit corporation rented or leased the facility, issuing bonds to complete the work. The City rent paid off the bonds. The corporation was passive and inert. Mr. Witt asked what the fiduciary responsibility of the board was. If the board played a role in the management of the golf course would the tax-exempt status be jeopardized? He was a member of the Golf Course Advisory Committee, which had been "extremely active in recent months briaging this program to its present 56 7/25/77 condition." One of the purposes of the committee was to deal with the method of operation of the golf course. The Committee wanted to main- tain a pace which continued the swift progress through the timetable which Mr. Schreiber had maintained to date. Mr. Witt did not want to see a procedure which delayed that progress which had picked up so markedly since Ken Schreiber had been project manager. He asked that Council keep that wish in their minds. Mr. Jensen said that the board of directors had the fiduciary respons- ibility of seeing that the City of Palo Alta made the lease payments each year, and, should that not be done, the board members would have to pursue remedies. The board also had the responsibility to see that any money that came in went toward bonded indebtedness plus other expenses. Internal Revenue guidelines, for maintaining tax-exempt status, insisted that the board confine its activ.itie* to reducing the indebtedness. If the board did not do that IRS would require that the board show how they qualified for tax-exempt status, which they (the board) might or might not succeed in doing. Coucilmember Clay said he would like to see the Citizens Golf Couree Advisory Committee stay intact, for he thought that as active golfers they had a contribution to sake. He said he would like to see the number on the board increased to seven, with the two added members to be from the public. Mayor Sher asked if Councilmemher Clay had a method by which the two members could be selected —that had been hr. Schreiber's concern. He asked if Councilmember Clay wanted to have that suggested method be a part of his motion. Co rnci.lme sber Clay said he would like to leave that choice of method to staff. Council had received letters from members of the golfing public, which gave some neees from which staff could select, so that the selection did not have to return to Council. »EN ENT: Covacilmember Clay moved, seconded by Henderson, that the number of board members be fncreseed to seven, with two members to be seie,ted from the public by staff. Ken Schreiber, Assistant Planning Director, said he was concerned about staff selecting two members of a hoard of directors and also time was needed for public exposure of the matter, for it could not be done by random impulse. Specific people were needed, not just "John Doe or Jane Doe," and getting that information would mean delay beyond August 15. Charles Walker, Assistant City Manager, said that if there were value the delay sight be worth it. Re suggested thee the Golf Advisory Committee aright be supplemented with suers of the general public. Since the corporation had such a limited role there was not much benefit to adding members of the public to it. Vice Mayor Brenner asked Councilmeaber Clay if he had any people in mind. Coxnciinesber Clay said he would compile a list of names promptly. Councilmesber Eyerly asked what proportion of the proposed number of seven members should be residents of Palo Alto. Councila er Clay said he would make as a part of his motion that five out of the seven members should be residents of Palo Alto. Mayor Sher said he would vote against the t, for the more changes that were made in representation on the board the more it was implied 5 7 7/25/77 that the board would have more powers than it did have, and each change created delay. Basically the City had the responsibility to manage and pay the rental, He would himself not vote to turn over management responsibilities to the board of n non-profit corporation. How it was to be managed would be another question, after it was financed. Counrilmember Clay said he thought members of the public should be included on the board so that the workings of the non-profit aspect would be known to the public. AMENDMENT FAILS: The amendment that the number on the board of the non-- profit corporation be increased with five of the seven members to be Palo Alto residents failed on the following vote: AYES: Brenner, Clay, Fazzino, Henderson NOES: Eyerly, Fletcher, Sher, Witherspoon ABSENT: Carey MAIN MOTION PASSED: The main mendationa of the staff, with be Palo Alto residents passed motion, that Council approve the recov- four of the five members of the board to on the following vote: AYES: Brenner, Clay, Eyerly, Fazzino, Henderson, Sher, Witherspoon NOES: Pletcher ABSENT: Carey Council recessed from 10:1.5 to 10:30 p.m. REPORT OF CITY ATTORNEY RE WESTBAY LITIGATION Robert K. Booth, City Attorney, said that in 1968 the State of Cali- fornia filed suit against Westbay Associates, a development firm, and the suit was seeking to establish claims of the state to about 100 acres of property located up in northern San Mateo County. The suit was later expanded to include about 1000 acres of property extending frost the San Francisco airport to the San Mateo County line, which included Palo Alto's portion of the Baylarde that lie in San Mateo County. There had been some disputes as to the exact property line, with Westbay claiming title. Most of the lands Westbay clad were inundated by water moat of the time, some smaller portions only at high tide. Mr. Booth showed the disputed areas on a slide projected on the wall. After about nine years a settlement had been worked out with Westbay to take title to over 2000 acres of the disputed property, the State taking about 7000 acres ---468 acres remained to which title had not been estab- lished by the suit. The land which Westbay was to continue to own would be subject to the trust easement for Navigation, Commerce and Fisheries, which "exists in the people of the State of California and provides...for very limited activities in that area." A red line on the projected reap divided the property to be held by Palo Alto and the property to be held by Westbay. East Palo Alto, State Department of Parks and Recreation were interested in the property, along with Westbay. A marina had been proposed for the area at Cooley Landing and "apparently it is Westbey's intention to proceed with that." Any such development would be subject to "normal reviews" of Bay Conservation District Commission (8CDC) , the Army Corps of Engineers and local jurisdictions. The State had assured that it 5 8 7/25/77 48 would not exert its rights as to Navigation, Commerce and Fishertes, with respect to the marina development. Mr. Booth said he had put the State on notice along with Westbay, that the City of Palo Alto reserves the right to take a contrary position with respect to the trust easement and any position the City thought apprcpriate with respect to the proposed marina. The proposal before Council that evening did not indicate approval of a marina nor disapproval, the proposal merely established a boundary line between Palo Alto's and Westbay's property. Palo Alto's deed showed that they were neither gaining nor losing property In the long run, with Westbay giving up the remainder of its claims the City would be well off, for it was unlikely that the State would propose anything Inconsistent with Palo Alto's own uses, and it was unlikely that the City would have to spend money to develop an exact boundary line. The present line had been based on old surveys, dating back in some cases over 100 years. Mr. Booth recommended that Council approve the boundary line agreement with Westbay Community Associates and with the State, after which the case would be dismissed, first by Palo Alto and ultimately by all other parties whose land did not rein in title dispute, which land lay farther north and did not affect Palo Alto. Councilmembet Fletcher asked if it was possible to write into the agreement that any future marina development with Westbay would not interfere with the tidal flow. Mr. Booth replied that the agreement determining a boundary line did not lend itself to that kind of stipulation. Most of the land was dry and not subject to tidal flow. MOTION: Councilmember Fazzino moved, seconded by Eyerly, that Council approve the agreement'as outlined by Mr. Booth to his memo of July 20, 1977. The motion passed on a unanimous vote, Councilmember Carey absent. LladilajlLaUNCILMEMBERS FAZZINO AND EYERU RECARDLNC THE POSSIBLE CI! Counrilme ber Fazeino said he thought some representation of youth should be present in the City structure to reflect concerns of young people in the community. He conceded that the Youth Advisory Council was net the only possible form of youthful body, though he thought some attempt should be made to determine whether or not it could become effective again. He suggested, both in his written memo and to the Council in person, that possibly YAC or some youthful members could function on the Human Relationa Conmoiaaion ( ) or the Tri-School Council, or a combination of the three. He said an ad hoc task force could examine reasons why the present YAC had fallen into disuse. Since the City staff "climbs the wall every time, we mention a Citizen's group', he would be willing to alter his original motion slightly and move that the task force be established under the Huaaan Relations Commission. NOTION: Caunciineaber Fazzino moved, seconded by Eyerly, that Council establish se task force, based on the need for youth representation in the City structure, under the direction of the HRC, the HRC to report its findings to the Policy and Procedures Committee within three months. Councilmember Eyerly agreed that input from the youth of the community was seeded, and he thought Councilmeeber Fazzino'e suggestions were not ;'too grandiose," sad he supported them. Charles Walker, Assistant City Attorney, read a memo fro, staff saying they toe rented youth input and.wire committed to providing opportunities 59 7/25/77 for it on an ad hoc basie. Staff recommended a referral to the HRC, for the matter seeped within its purview. Council had charged the HRC with providing age groupu some mechanics for representation in the City. Councilmember Henderson said he had found that it was necessary for both Correcte Council and liaison with Council to be active with staff so that they See pg. could all take part in the decision -raking process. 143 Mayor Sher asked why Counci1 mbers Fazzino and Eyerly thought a task force was necessary when the matter could be referred to the HRC, who could then solicit statements of interest from the public. "1 don't think we should resist history," and if youth was not seeking representa- tion in the City the City should acknowledge that, and look for a vehicle to accommodate youth's opinion. He feared that a task force, as such groups usually dad, would perpetuate itself even if there were no need. Councilmember Fazzino thought that eventually a youth committee could be a sub --committee of the HRC. Since the HRC was not meeting in August, Councilmember Fazzino thought it would be well for the matter to be discussed sometime before the autumn term got underway. Mayor Sher said he thought the matter anould go to the existing advisory body, the HRC, and let them dig out the information and rake a recom- mendation to Council. Councilmember Eyerly said that he and Councilmember Fazzino wanted a broader scope than a referral to the HRC would imply, though the pro- posed group would function under the auspices of the RRRC. Councilmember Clay favored an objective look at the matter such as the HRC might give. He thought it would be useful to find out why the ?AC had not continued to have at least quorum -attendance at their meetings. He thought that a structure short of a full-fledged task force would be beat. Vice Mayor Brenner observed that just the complexity of appointing a task force made it seem best, to her, to refer the matter to the FRC with recommendations that they gather an appropriate group to discuss YAC and its future. Councilmember Henderson suggested that aince thia etas such an approp- riate matter for HRC to discuss the committee would perhaps meet in August. He suggested that Mayor Sher asake a substitute motion. Mayor Sher said he preferred voting "no" on the emotion before them, then making another motion to refer to the HRC. Councilmember Fazzino said he was willing to incorporate Councilmember Brenner's suggestions into his motion. He obtained his second's per- mission to make that incorporation. After the IIRC had completed the study the ratter would go to the Policy and Procedures Committee. MOTION PASSED: The motion to have the HRC set up a task force under its auspices with composition as in the memo of .luly 19, and to report back to the Policy and Procedures Committee thence to Council, passed on the following vote: AYES: Brenner, Clay, Eyeriy, Fazzino, Witherspoon NOES: Fletcher, Hienderson, Sher ASSl.'B°t: Carey 6 0 7/25/77 Corrected See pg. 143 COUNCILMEMBER HENDERSON RE TRAFFIC SPEEDS71N CERTAIN CITY STREETS Councilmember Henderson said he had introduced the matter of speed limits in order to make the streets of Palo Alto safer. He recalled that four years ago the City had been told radar could not be used unless the posted speed limit was raised to confo':iu to existing speeds on the streets under discussion. Few motorists stayed within the 25 -stile -per -hour limit --many exceeded 35 mph. He proposed that Council order an engineering study to determine the prevailing speeds on Embercadero Road, University Avenue, Middlefield Road, Eaat and West Charleston, and Araatradero Road, and to send the resulting data to the Policy and Procedures Committee for analyzing and to recommend policy. If the averages exceeded 35 mph he vas open to experimenting with a high speed limit which would permit radar usage, and fully enforce speeds above 35 mph. A new survey would possibly show lower average mph speeds, and the speed limit could be lowered and obtain state approval for enforcement. He asked staff if the state had enacted any legisla- tion to permit cities to set their own speed limits. Hr. Wacker replied that to his knowledge the League of Cities bad taken no position on the matter. Four years ago staff had been directed to correspond on the topic with the City's state representatives, and since that time the City had held traffic speeds were for local jurisdiction. The state had shown no willingness to modify its regulations. MOTION: Cou.ncilmember Henderson moved, seconded by Brenner, that staff be directed to update the engineering survey on actual speed on the five avenues in question, to present the results to the Policy and Procedures Committee to review the policy on speed limits and use of radar enforce- ment; the Mayor to be directed to send letters to Palo Alto's state legislators, and to the league of California Cities, describing the problems and concerns, and state the desirability of establishing internal speed limits. Mayor Sher said the motion would be divided at the time of voting. Councilmember Witherspoon asked the cost to the City of the engineering update. Charles Walker said that staff would do the engineering study. !loch of the data in use four yews ago would still be valid. Information on the prevailing speed on the streets had to be updated. He estimated the cost would be under $5000. Council ber Clay acid that since the streets were posted at 25 mph most of the motorists would be going at that speed unless they pew a police car. Mr. Walker said the survey would determine the actual speed at which 85 percent of the vehicles actually traveled —experience had shown most speeds were closer to 30 or 35 mph. Councilmeesbes Clay asked what could be gained by the study, since 35 mph was acceptable to the City; the City could post streets accord- ingly. Hr. Walker said he thought the study should be updated before the present posting vas changed. wsncilmesaber Clay asked what speed police set to stop v.hiclea now. 61 7/25/77 Mr. Walker answered that since the City could ► iot stop motorists at the posted speed limit a section of the vehicle code was used which gave each police officer the discretion as to whether or not the speed was safe. Citations were therefore somewhat arbitrary, usually it was around 35 or 40 on the subject streets. If the streets were posted at a speed found by the study to be prevailing, radar could be used to stop motorists. Vice Mayor Brenner queried the statement that the posted speed limits could not be enforced. Mr. Walker said experience had been that if a motorist was cited for speeding at the 25 mph limit the citation was thrown out of court, since the citation was not beeed on the data the stagy now requires. Viee Mayor Brenner confirmed that a study, only, was proposed, not a change in posted speed limit to 35 mph. Counci.lwember Henderson agreed. City Attorney Booth said that teetiseoney as to the unsafeness of the speed at which the motorist was traveling had to be proven, and that testimony was not available. Vice Mayor Brenner asked if there might have been a change in philosophy since the highway speed had been reduced to 55 mph. Mr. Booth said the district attorney was still dismissing cases if there was no testimony as to unsafeness. Perhaps a citation could streed up if it were a rainy day, or there were other hazards. Councilmember Eberly said he only paid traffic tickets he got --be asked how many tickets went to court for discussion. Mr. Booth replied that in Palo Alto more motorists went to court than in other cities --he guessed around 10 percent. Joe Begley, 201 Cowper, spoke of the difficulty he had traveling at 25 mph on University Avenue, for the other motorists traveled at about 35 mph. Edward Freiberg, 726 Charleston Revd, expressed surprise that as many as 10 percent of those receiving speeding citations night go to court. "Studies tend to find whatever the sponsors of the research are looking for, regardless of who dos the study," Mr. Freiberg said, and be was sure the proposed study to be done by staff would bear out the truth of the statement. He referred to a letter received by the Council dated June 21, 1977, from Chief 2urcher, giving ways speed could be controlled, one of them being "high visibility," which meant that motorists gloved down when they saw a police car. Radar gave no such viability, andso convictions and the number of tickets that would be paid went up. His interests were in keeping people safe, and lower driving speeds were proven to do that. The only Justification for raising speed limits was to make streets safer, and that was 'convoluted thinking." He said it would be more reasonable to utudy one street, not five streets. Alms Street was posted et 35 mph end radar could be used there. He said he shuddered to think what Palo Alto would be like with more street, where people drove as they did on Alma. Host traffic was from out-of-town, and constant effort by police would be required to keep the speed down. R. J. Debs, 3145 Flowers Lane, commended the Palo Alto police force for handling "a difficult task pretty well." He commuted on the working details of the state law that had to be used to set up radar speed checks: 1) 85 percentile speed at a specified speed or less with 15 percent going more; 2) record of ection on a certain street; 3) certain 62 7/"25/77 facts such as number of driveways, school crossings and the like known to traffic engineers. He referred to Chief Zurcher's June 21 report giving prevailing speeds on major Palo Alto thoroughfares, and pointed out that prevailing speeds were usually five miles above the posted limit. The subject streets were largely residential; how, if the posted limit were raised, would the speed ever be lowered again. He objected to the state law which gave the requirements and said the law should be changed. If the study were referred, he suggested the possibility of having motorcycle officers patrol selected streets and "put the fear of God into a motorist." Cyclists other than patrolling officers would, since they also use the streets, also. function as speed deterrents. Lower speeds kept life more livable; higher speeds eroded neighborhoods. John C. Lovas, 650 Coleridge Avenue, an area known as "Comstock's cul-- de-sac" since it was the first cul-de-sac created en Embarcadero years ago. He had raised children to ages 4, 8 and 10 on the E arcadero/ Middlefield intersection and he had garnered data on enforcement problem at that intersection. If the best solution was to raise the speed and then enforce it he favored that. Gloria Brown, 1766 Fulton Street, said she had worked at the juvenile division of traffic court for three years and she was also a member of the Back Seat Drivers panel, sponsored by the Department of Motor Vehicles (DMV). She said that motorists were not being cited on University Avenue, but about 40 citations came to her daily, most of them for bicycling violations -most of the speeding tickets originated on A1ssa. She supported Councilmenber Henderson's motion to have a study made to determine the "natural flow." Joe H. Daley, 609 Arastradero, satirized the posted speed limit on his street which all motorists ignored, and that had the function of having Palo Alto create a disregard for law. If a law was unenforceable it gave the idea that all law was sham. He approved the idea of a 35 mph limit, to be strenuously enforced. Councilmember Henderson recounted some of the matters reported by Chief Zurcher on the issue of enforcing speed limits, and Ccuncilaember Henderson questioned hew many citations were issued nov and might be issued with radar, and did the citizens want to pay enough to increase the police force sufficiently to have police cars in large numbers on Palo Alto streets for effective enforcement. Councilaoacsaber Witherspoon said she thought the goal was to get the speed limit as lo4r as possible. She asked if radar enforcement required facer officers, since at least two officers were needed to run a radar unit. As in the case of the stop sign study findings, where it had been determined that the only effective enforcement was by police, the sane was the case in speed enforcement. The way to increase enforcement was the question ---she thought that not .increased convictions but spreading the word that *peed limits would be enforced was the best way. Vice Maiyoor' Brenner observed that following "natural flow" could make a speedway of University Avenue when the Dumbarton Bridge opened. She did riot favor speeding up commute traffic that flowed through the City; she sew "no special harm in going ahead with the proposed study without drawing conclusions that radar is what we want." She hoped there would be vimible patrol driving cars at 25 mph, for under those conditions she would be interested in kneeing the "natural flow' of traffic. Councilaeaber Eyerly said he had received a call from a woman in Los Altos Hills who favored raising the speed limit for she wanted to travel Arastredero Road more aa:-iftly. He said he feared that would be the case generally. He supported the second part of the motion, to contact b3 7/25/77 1 1 legislators and the League or California Cities to ask for the removal of the speed trap laws so that radar could be set for desired speeds. Ted Noguchi, Director of Transportation, had indicated it would be easy to update the radar report for periodic checks were all that was needed, and the cost would be less than the $5000 already estimated. If the philosophy was adopted that radar speed had to be set at 35 and over in order to police it, the speeds would be safer, he did not accept. He thought conditions on the subject streets belonged at the present 25 mph, and that limit should be enforced. SUBSTITUTE MOTION: Councilmember Eyerly moved, seconded by Witherspoon, that staff update the engineering survey on actual speeds on Embarcadero Road, University Avenue, Middlefield Road, East and West Charleston, and Arastradero Road, and if the study shows the average speeds to be noticeably higher than the 25 mph limit, the staff will commit the resources to control and enforce the posted speed limit. The survey results will be reported to the Council. Mayor Sher observed that the first part of the main motion was to be left in place, and that the substitute motion was for the second part of the main motion. The first part of the main motion, to contact legis- lators and the League of California Cities was to remain in place, Councilmember Eyerly said that "noticeably above" to him neant about 30 mph. Councilmember Henderson said that he understood the substitute motion to say "if you find the speeds are in excess of 25 mph the Chief of Police is ordered to enforce the speed limit." H2 asked if Council was willing to spend the money or add to the force to do whatever the chief might find necessary to enforce speed limits. Councilwoman Witherspoon said she seconded the motion because she would like to see the police department concentrate on conventional enforcement to see how effective it was. Reports had been made about the number of citations issued and she would like to see how the speed had been lowered because of those citations. Perhaps speed could be lowered by enforcement. To concentrate on radar meant that conventional enforcement might be ignored. Vice Mayor Brenner asked if the survey could be biased by having a police car visibly patrolling the street periodically; could that kind of enforcement be tested while the survey was underway? Councilmember Witherspoon said she did not think it would be realistic to take a survey after a patrol car had gone down the street. Vice Mayor Brenner said she would like to test out the idea of patrol cars enforcing the 25 mph speed, since ticketing was not effective. Perhaps the tendency would be to drop the degree of enforcement while the survey was going �n, to test what the flow of traffic would be. She would like to have the traffic tested with 'fairly strict enforce- ment." She asked if that could be included. Mayor Sher said that the substitute motion now before them talked abut a sequence of first the survey that would lead to conventional enforcement. Vice Mayor Brenner's stipulation did not fit in that framework. Councilmember Fazzino asked bow long the engineering survey would take. lfr. Walker replied he thought it could be done in two weeks. Councilmember Fazzino said he was not willing that evening to go as far as the substitute motion before them implied. He would like to have the engineering survey done first with the results then brought before the Policy and Procedures Committee for discussion of alterna- tives. He said he would oppose the substitute motion and support the main motion. Councilmember Eyerly alluded to the cost of enforcement, which he thought would be fairly low coat, and he favored doing the survey. SUBSTITUTE MOTION FAILED: The substitute motion, that staff update the engineering survey on five streets, with enforcement to follow if traffic was noticeably higher than 25 mph, failed on the following vote: AYES: Fletcher, Eyerly, Sher, Witherspoon NOES: Brenner, Clay, Fazzino, Henderson ABSENT: Carey Councilmember Eyerly suggested that the first part of the main motion be on the engineering study and the second part the direction to the Policy and Procedures Committee on what they are going to discuss. Councilmember Henderson objected to the suggested division of the motion. Councilmember Witherspoon said she thought it would be all right for the study to return to Council ---the topic was second only to land use and it was appropriate for Council to consider it. Mayor Sher said he interpreted the motion to say that the survey would be taken and then the Policy and Procedures Cainaittee would look at it and make recommendations to Council --he did not favor having Council get the results of the survey first and then giving it to the Committee. If Counciimembere did not like that division they could vote against it and move otherwise. FIRST PART OF MAIN MOTION FAILED: The first part of the main motion, that staff update an engineering survey on Embarcadero, University, Middlefield, East end West Charleston and Arastradero roads failed on the following vote: AYES: Brenner, Henderson, Fazzino NOES: Clay, Eyerly, Fletcher, Sher, Witherspoon ABSENT: Carey MOTION: Councilmember V.yer1.y moved, seconded by Witherspoon, that staff make an engineering survey on the subject streets and that the results of the survey be returned to the Council. AMENDMENT: Councilmember Fletcher moved, seconded by Brenner, that the police department be instructed to concentrate on enforcement for a period of time an a particular street before the survey was conducted, in order to get a sore desirable reading on the survey. Mayor Sher asked Mx. Booth what, in view of the enforcement might bring about. He said to bring the 'natural flow' of traffic down if Mr. Booth thought that would stand up es the proposed use of radar, "...we ell know that's going to a lover speed." He asked • justification of radar._ b5 7/25/77 Mr. Booth answered that so far as conventional enforcement was concerned it sounded r11 right, though he did not know exactly. He said he would be apprehensive about parking the radar car in view if it could not be used. i 1 Mayor Sher asked Mr. Booth's reaction to the signs which read "radar enforced"? Be asked Councilmember. Fletcher if she intended that traffic be enforced on one of the five streets. Councilmember Fletcher said that practicality would mean a particular area would be concentrated upon. She did not see the possibility of enforcement an all five at the same time. Councilmember Fazzino repeated his earlier view that the survey should be done and the study then returned to Council, and then have future direction determined. Coun`ilstber Henderson said he thought the reauits of the study would be biased. Both people and the courts would think the higher enforce- ment was coming from radar and when the study was over the old speeds would be resumed, with nothing proven. Councilmember Fletcher said her point was that the speed would be lowered because of the enforcement. Mayor SheT said he understood her amendment to mean that police would enforce the speed limit by visibility as well as conventional clocking, while at the same time taking a survey on one street. Councilmember Fletcher said that the purpose was to get to a point where radar could be uced. She thought the survey and the enforcement should take place at the same time, because the purpose of the survey was to get the speed set at the 85th percentile. Mayor Sher asked Vice Mayor Brenner if she had Councilmember Fletcher's Intent in mind when she seconded the motion. Vide Mayor Brenner expressed surprise that the survey would perhaps take place with no enforcement. She agreed with _he intent of Council -- member Fletcher's motion. AMENDMENT FAILED: The amendment that the police department be instructed to concentrate on enforcement for a period of time on a particular street before the survey was conducted, failed on the following vote: AYES: Fletcher, Prenner NOES: Clay, Eyerly, Fazzino, Henderson, Sher, Witherspoon ABSENT: Carey MOTION PASSED: I'be motion that staff sake an engineering survey on the named streets and that the results of the survey be returned to Council passed on the following vote: AYES: Brenner, Eyeriy, Fazzino, Henderson, Sher, Witherspoon IBS: Fletcher, Clay ABSENT: Carey SECOND PART OF MAIN MOTION: The second part of the main motion that the City contact legislators and the League of California Cities to work toward changing "speed trap" Laws passed on a unanimous vote, Council - member Carey absent, bb 7/25/77 PROCEDURE FOR APPOINTING COMMISSION MEMBERS Mayor Sher said Councilmemhers had received a list of twenty persons who had applied for two vacancies on the Planning Commission --the name of one candidate to be withdrawn. The Planning Commission wanted to organize at their meeting on August 10 and it would be helpful if the vacancies could be filled August 8. Council could review the recom- mendations on the proceaa from the Policy and Procedures Committee on August 1. Also, before they made the appointment interviewing time was needed. Mayor Sher suggested that about seven candidates be interviewed, and he asked that Councilaaembers indicate to City Clerk Ann Tanner their selections; for those seven by Wednesday noon of the week ending July 30. In that way she could contact persons to be interviewed and arrange for interviews the following week. Mayor Sher suggested the evning of August 3 for those interviews. Vice Mayor Brenner recalled that the Policy and Procedures had recommended that when it came to voting Councilmm+esabers did not have to confine themselves to the narrowed list. Interviewing would stay the same: questions would be asked but no discussion would take place. Mayor Sher said that Council would look at the Committee's recomrenda- tions before adopting them. Councilmember Clay asked if the interviews could be held August 2 instead and cancel the Policy and Procedures Committee meeting. Mr. Walker said that the two items on the Committee's agenda were the Planning Commission and solar energy, and a number of people would have to be notified of the cancellation. Counciimet'ber Clay said that it was important to carry on with the selection of the two Planning Commission me aers. He personally pre- ferred having two instead of three meetings that week. MOTION: Councllmxemsber Clay moved, seconded by Fazzino, that the Policy and Procedures Committee sheeting of August 2 be cancelled and an Executive Session for interviewing Planning Commission candidates be scheduled for that evening. MOTION PASSED: The motion passed on the following vote: AYES: Brenner, Clay, Eyerly, Fazzino, Henderson, Sher, Witherspoon ABSTAIN: Fletcher ABSENT: Carey 4ayor Sher said that Councilmembers who did not submit their lists of seven candidates by Wednesday noon would not be counted. He thanked Evelyn Richards, reporter for the Palo Alto Times, on the occasion of her 1e vetaking due to a new assignment. ORAL COMMUNICATIONS None 6 7 7/25/77 ADJOURNMENT IN MEMORY OF riMirreOR SAL 1 MOTION: Councilmember Fazziao moved, seconded by Henderson, that Council adjourn in memory of former mayor, Byri Salesian, who had died one week. ago at age 72. Councilmember Pazzino said he had spoken, with him some time agn about his days as the youngest mayor, at age 32, in Palo Alto's history. MOTION PASSED: The motion passed on a unanimous vote, Councilmember Carey absent. Council adjourned at 12:25 a.m. ATTEST: APPROVE: