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HomeMy WebLinkAbout1977-09-06 City Council Summary Minutes1 CITY COUNCI L MNUTES CITY Pi1LO ALTO Regular Meeting of Septeeber 6, 1977 ITEM Minutes of July 25, 1977 Minutes of August 1, 1977 Minutes of August 8, 1977 Oral Communications Consent Calendar Report of City Attorney re Zoning Ordinance Amendment Group Homes for Mentally Disabled Affirmative Action/Equal Opportunities PAGE 1 4 3 1 4 3 143 144 144 144 1 4 4 Downtown Parking Feasibility Study Project 75-63 - Aeard of Consultant Contract 1 4 5 Community Player's 1977--75 Season - Award of Contract 1 4 5 Northern California Power. Agency Joint Powers Agreement 1 4 5 Extending Moratorium on an Ordinance re Portion of El Camino Real 1 4 5 Re t i reemen t of J. Steuart Bo t terra 1 4 6 Retirement of This F. Obedoza 1 4 6 3475 Deer Creek Road - Site and Design Approval, Application of WSJ Properties 1 4 6 Ordinance re Card Rooms 1 5 0 Use of 1974 and 1976 Stake Park Bond Funds: Bol Park 1 5 3 Recess to Executive Session 1 5 5 Sand Rill Road Improvement Project - Assessment District Proceedings 1 5 5 Cancellation of Septeeier 12 Council Meeting 1 6 8 Request of Counciie 3ers Eyerly and Carey re 1 6 8 Foothills Fire Hazard Request of Counciloembers Witherspoon, Eyerly, Fletcher and Bremner re Frequency of Street Sweeping Adjournment in terry of R. Christian Zwens 169 169 142 9/6/77 Regular Meeting September 6, 1977 The City Council of the City of Palo Alto met on this date at 7:35 p.m. in a regular meeting with iayor Sher presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: None Mayor Sher announced that radio station KZSU, 90.1 on the FM dial, had resumed broadcasting of the Council meetings beginning with the present meeting. Members of the League of Worm Vs tern would act as anchorpersons. MINUTES OF JULY 25 1977 � .rye Counci1iember Henderson asked that the first line of the third paragraph on page 53 ready "...that he had been told that...." He asked that the sixth line in that paragraph read "he had promised to oppose further high density development in the area after the Arastradero Park project;" he tasked also that on page 60, the second paragraph read "Councilmember Henderson said that he had found that it was necessary for both Council and staff liaison to be active with the Youth Advisory Council (YAC) so that YAC would be informed and could take part in the decision -making process." He asked that the last six lines of the first paragraph on page 61 read "If the averages exceeded 35 mph he was open to experi- menting with a higher speed limit which would permit radar usage, and fully enforce against 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 new legislation to permit cities to set their own speed limits." MOTION: Co.ancilmembe>Ir Perrino moved, seconded by Carey, that Council approve the minutes of July 25 as corrected. The motion passed on a unanimous vote. 1+iI��IJT�S �AI►f.'�'ST i ,, A�7 7 . ■ fY IWI City Clerk Ann J. Tanner asked that an omitted line be included in this set of minutes. Oa page O, ninth paregraph, the first sentence should read "Mayor Sher said he understood her motion on was to ask that the Mayor write to request that the documents be made available to Palo Alto." MOTION: Councilor Eyerly roved, seconded by Henderson, that the minutes of August I be approved with the inclusion of the sentence in the above paragraph. The motion passed on a unanimous vote. MMi.'TES OF AUGUST 8, ,1977 Councilmember Witherspoon asked that the third and fourth lines of paragraph seven on page 92 read, "...she mould prefer not to have card rooms in P,elo Alto...." Councilmember Henderson asked that line 12 of the seventh paragraph on page 91 read "...since patron tended "to play up to those limits," Re caked that the eighth paragraph on page 96 be deleted. 143 9/6/17 MOTION: Cauncilmember Henderson coved, seconded by Eyerly, that tiv minutes of August 8 be approved as corrected. The motion passed on a unanimous vote. ORAL COP N I CA's I0EI 1. Frank Manfredi, 219 Addison, approved the resumption of the KZSU broadcasts for he favored an open process of government; he said he would like to see federal as well as local government be open to close scrutiny. He announced that a peoples' petition seeking to control taxation would be drawn up and circulated. 2. Herb Borock, Box 11572, Palo Alto, policy in reference to recordidnge department members and if it could Mayor Sher replied that Mr. Borock Manager or the Chief of Police —he that matter. asked about Police Department of its co aicationc among be made public. would have to ask the City himself could not respond to 3. Ethel Anderson, 360 Colorado Avenue, expressed appreciation for resumption of the broadcasting of Council meetings. She then raised her doubts about the fairness of the water allocation program during the present crisis, saying she and many others she spoken with saw inequities resulting from the present ordinance. She asked that an ordinance that wag more conservation oriented, perhaps based on per capita and let sirs, be drawn up. CONSENT CALENDAR Mayor Sher explained to the listening audience that Referral Items on the Consent Calendar were items Council was to send to various advisory bodies to the Council, or to one of Council's cyan standing committees; Action Items were such matters as second readings on ordinances and other routine business matters on which discussion had already taken place. Upon review of the Consent Calendar Councileelbers alai rave desired matters for further consideration, and the audience could albeit to the City Clerk requests to speak on items in which they had an interest. Referral. Items PORT OF CITY ATTORNEY RE I 0RDI1b)CE �•-- GROUP flms Y0 NY Y Di LED (aEFERIiAL P TO ING L'E iISSIOt+T Staff recommends that the matter be referred to the Planning Commission for consideration of an amt to the Municipal Code to require use permits, subject to conditions similar to those imposed for licensed residential care homes for the elderly, for the types of occupancy permitted under Section 5116. AFFIRMATIVE ACTION E UAL OPPORTUNITIES-- (CMR:427:7) Staff recommendations, extrapolated from their report, are that goals and timetables toward which contractors must vork in achieving full and prompt utilisation of minorities end women must be worked out. Staff -- recommends that costa of approximately 400 hours in staff time plus $300 in office supplies be examined along with the **versa other issuer raised in the report which was submitted for the perusal of the Rumen Relations Commission. 144 9/6/17 AWARD Action Items Mayor Sher said both he and City Attorney Booth had received a phone call from an attorney whose client had some concerns about the proposed card room ordinance. The attorney had asked that the matter be continued for two weeks. Councilmember Fletcher said she had also received a request that the item be removed, and she would now do so. She asked that item 3, concerning the Site and Design Approval at 3473 Deer Creek Road also be removed. Councilmember Carey waked that his vote on Item 8 extending the moratorium on El Camino Real be recorded as an abstention. The following items remained on the Consent Calendar: DOWNTOWN PARKING FEASIBILITY STUDY PROJECT 73 -b3 --AWARD OF CONSULTANT CONTRACT,SCMKR:438:7) AGREEMENT —CONSULTANT SERVICES rRANSPORTAT1oN PLANNING Alan M. Voorhees & Assc.ciates, Inc. Staff recommends that Council authorize the Mayor to execute the attached contract with Alan M. Voorhees and Associates in the amount of $24,700. COMMUNITY PLAYER'S 1977-78 SEASON OF CONTRACT (CMR:434:7) AGREEMENT —COMMUNITY PLAYER'S TUEATRE SEASON 1977-78 Palo Alto Community Players, Inc, This contract continues to recognize the Player's six -play season as a valued and worthy trsditiou in the arts in Palo Alto. The Community Player's Board of Directors have reviewed the agreement and have authorized their resident to sign it. Therefore the staff recommends the City Council authorize the Mayor to execute the attached agreement with the Palo Alto Community Players for the 1977-7G season. wimp CAL I FORN A POD AGENCY JOINT POWERS AGRE65 Cl :433:7) AMENDMENT TO YOR'ThERN CALIFORNIA POWER AGENCY JOINT POWER AUNT The proposed amendment relates specifically to the N{PA Development fund agreement and to the NCPA-RPL (Resource Funding, Ltd.) agreement. The City of Palo Alto is not a party to eider contract. The amendment facilitate, the payment of bills by the Electric Power Development (EDP) Committee by eliminating the need for the $CPA Commission to approve again an expenditure that was already approved as a part of en adopted budget. The Joint Powers Agreement provides for changes to be made by written amendment executed by all parties to it. Attached is a copy of the written amendment covering the payment of demands on the IICPA--RFL Project Account by the controller on their approval by the EDP Committee established wader the terms of the 1 A-RFL Agreement. Staff recce that Council .adopt the proposed amendeent to the NCPA Joint Powers Agreement, dated March 27, 1973, es amended. EXTENDING MORATORIUM ON AN flRD iOR OP EL C.AXI REAL (CMR:421:7) Staff recommends that Council adopt the following ordinance extending the El Camino Reel moratorium from October 12, 1977, to April 12, 1978. 1 4 3 94/77 ORDINANCE NO. 3016 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OP PALO ALTO EXTENDING THE TERM OF A MORATORIUM ON ALL NEW BUILDING PROJECTS, BUILDING EXPANSIONS, ZONE CHANGES, SUBDIVISIONS AND CHANGES OF USE ALONG A PORTION OF EL CAMINO REAL IMPOSED BY ORDINANCE 2975." (First reading August 22, 1977) MOTION: Councilmember Eyerly moved, seconded by Fazzino, that Council adopt the ordinance, authorize the agreements, and make the amendment and referrals contained in the Consent Calendar. The motion passed on a unanimous vote, Councilmember Carey abstaining on the ordinance continuing the moratorium on a portion of El Camino Real. RETIREMENT OF j. STEWART BOTTEMA , (c iR:429 : 7) Charles Walker, Assistant City Manager, said that Mr. Bottema bad been Chief Building Inspector during twenty years of Palo Alto's rapid develop- ment. In recent years he had been, following an illness, Staff Coordinator and then Plana Checker for the Building (inspection Department. During hie retirement he would have busy days. with his hobbies of restoring automobiles and refinishing antique furniture. He recommended that Council adopt the resolution in appreciation of Mr. Bottema'a service to the City. MOTION: Councilmember Fazzino introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION 5446 entitled "RESOLUTION 07 THE COUNCIL OF THE CITY OF PALO ALTO EKPRESSING APPRECIATION TO J. STEWART EOTTEMA UPON HIS RETIREMENT." The motion passed on a unanimous vote. RETIREMENT O O A.S F. 0BEDOZA, (CMR:417:7) Charles Walker said that Mr. Obedoza had worked twenty-five years with the Water -Gas -Sewer Department in operations, maintenance and construction. He had as yet made no definite plans about how he would spend his retire- ment years. MOTION: Councilmember Carey introduced the following resolution and moved, seconded by Perrino, its adoption: RESOLUTIOR 5447 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO TROIA'S F. OBEZA UPON HIS RETIREMENT . " The motion passed on a unanimous vote. 3.47 DgFR CRIEK ROAD — fit! ? ,IG� APPRODAL . �.rrrrr.wnrr.rrrrN. AIZZj�AI TI01t OF WSJ PROPERTIES (GMR:439:1) Staff recommends that Council I) find that the project had no significant impact as the environment; 2) that Council approve the application subject to the following Planning Commission and Architectural Review 1 4 6 916117 4 Board conditions: a) full Stanford University review and approval shall be given before issuance of a building permit; b) applicant shall apply for a variance to defer building 58 spaces of required parking; c) all applicable City regulations shall be followed; d) preserve the white oak and rock outcropping on the site; e) the deferred parking area that will be left in natural grasses is not to be graded; and f) the Architectural Review Board will review the building entry and a final landscaping plen at as later time. The applicant is to consider substituting a perennial native mixture with flowers instead of the rye grass. Councii. ber Fletcher said she would like to have the deferred parking area for the subject application be maintained in its natural state. The area was in the attractive rolling hills and she did not want to have repeated a violation made on another lot by another developer, eho had made an unsightly cut through a highly visible area. MOTION: Councileember Fletcher moved that Item e) in the foregoing recommendations be emphasized. Anae~ Steinberg, Chairwoman of the Planning Commission, observed that the coalition about the deferred parking area had already been emphasized. If in an earlier situation a violation had been made the method of enforcement of such stipulations had to be called into question. Naphtali Knox said that in a project immediately behind the WSJ project the ARB, the developer and the architect had had an understanding that the developer was not to grade the upper part of the hill and it had not been set out as a condition4 A lesson had been learned by all when the developer did grade the cacest of the hill, and from that had grad the condition mentioned in e) . Mayor Sher asked how recommendations from the Architectural Review Board (ARB) became a part of Planning Commission recommendations that came before Council; he asked if Council should make a formal motion that the Planning Commission adopt ARB recommendations. [r. Knox said recommendations from both commis ioaa had been melded in CMR:439:7. Council would include all recommendations when they adopted the staff report recoemendations. MOTION WITHDRAWN: Co< ciimesaber Pletcher withdrew the motion. MOTION: Cowicileeber Fletcher moved, eecorded by Brenner, that the developer provide secure, covered, guarded bicycle parking. or individual bicycle lockers, for 10 percent of the employees in the development. Coancilaeamber Fletcher said that if her motion were passed an inc',ntive to use bicycles °iata1d be built in, and that there were three safe access routes to the area. Ms, Knox, Director of Planning and Community Development, said that since the number of employees fluctuated he would suggest that the reco ed number of bicycle parking spaces be set at 10 percent of the parking spaces, which were provided at the side of the property. MOTION CHANCED: Councilmember Fletcher said that she would include that suggestion in her notion. Councilmember Clay asked if there had been thefts or other incidents concerning bicycles in the Industrial Perk area. Pr. Knox replied that people in the area usually rode expensive bicycles, and would mot use thee unless the bicycles could be adequately secured from supra., rain and theft, The question was not so much one of theft ac of encouraging bicycling instead of mutomnbilia . '1 4 7 9/6/77 M Councilmember Fletcher said thet because the ride was hilly a good bicycle was needed. Councilmember Eyerly asked if the Comprehensive Plan contained provisions for "secured and covered bicycles." Mr.. Knox replied that there was Much a stipulation. In the future in the zoning ordinance would be the provision, as vas the case in Cuper- tino and Davis, that about one in ten or one in eight, or some such ratio, of spaces for bicycles se related to automobiles, be provided. Councilmember Eyerly said that since neither the ARB nor the Planning Commission had conaidered the bicycle parking matter tee• felt it was "too stringent to thrust it on the developer at this time.. He would vote against the motion though he would eupport sen4ing the matter back to the Planning Commission for investigation of costs and the like. Then the idea would return to Council with the skim of developing policy. Councilmember Fazzino asked Mr. Knox if such spaces were now being provided in the Industrial Park area, and if so what the cost was. fir. Knox replied that perhaps three firms were.now providing such bicycle parking, and that he did not know the costs. Councilmember Fazzino said he shared Councilmember Eyerly's misgivings about "forcing it on the developer tonight" without having first had a policy on the matter: established by Council. He asked if the developer, Mr. Wheatley, would give some reaction to the proposal. Jack Wheatley, 2240 Casper, said his firm had always provided locking bicycle racks though up to now they had not been covered spaces. Types of covers or enclosures, he thought, should be eutabliehed by policy. Since he did not know what kind of cover would be stipulated he did not know what the costs would be. He requested that Council not delay the project by referring it to committee. "Put anything you want on it and send it on through," he asked, adding that a government laboratory for marine activities vas to be built on the site, end the timetable was tight. He felt the project would profit the City. Employees did live in the area and did ride bicycles, and so provision for that would be made. Mr. Knox pointed out that in the Coc reheneive Plan, under the Transportation section, progrem 37, stated: Provide and require facilities for storing and locking bicycles at businees sad employment centers, transfer points and recreational facilities. Also under the Environmental Resources sect Lon, program 26: In reviewing and granting building permits and in approving rezoning and subdivisions the City should encourage builders end developers to provide improvements that sill reduce the number of cars occupied by only one person. These improvements should include preferential carpool parking, bicycle storage, bus stol. ehea'ere and substitution of landscaping for some required parking spaces. Carrying out this program through ARE, Planning Commission, and City Council review of development proposals will help prevent worsening of Palo Alto's noise levels and air quality. Councilmember Pazzino asked if a formal motion was needed by Council to have the Planning Commission consider the issue, or would it be considered within the parameters of the zoning ordinance. Ms. Steinberg said that the Planing Commission would consider it very seriously and a formal notion would not be needed for future guidance. 148 WO/ E" Councilmember Fazzino said he would vote against the motion before them for he did not think it fair to the developer. He urged the Planning Commission to look at the issue with regard to future developments. Councilmember Carey asked if the motion before them requiring one bicycle space per ten of car spaces included the 58 deferred parking spaces. He received information that the 58 deferred parking spaces were not to be included, which meant that 27 parking spaces for bicycles were to be provided. He felt they should be provided so that the development would not be delayed. He continued: the Comprehensive Plan did provide incentives for bicycle parking but that the motion before these made provision of bicycle parking mandatory. The site was in "the D suffix" he said, and was not a P -D or P -C application, and so site and design approval took place before the public hearing process. The D suffix, he understood, was to control the esthetics of the development, not to impose vehicular aces, and so the motion was semeWhat unfair, though he himself approved the: idea behind the motion. He thought that the Planning Co:mniasion, in implementing the Comprehensive Plan, through revising the zoning ordinances could well recommend some mandatory provision for bicycle parking. That procedure, he thought, would be more appropriate. Councilmember Fletcher explained that she moved the matter because 1) the site was in an unusually beautiful area; and 2) once the development had been approved modifications in parking could not be made. By demanding it now risk of further grading and paving could be avoided. She could not recall Council having approved the concept of deferred parking. Sbe read from the Comprehensive Plan, program 37, '....provide end require facilities." The word "encourage" was not used. F'rom the standpoint of cost, bicycle parking was a bargain, costing, by the present ratio, 10 percent of what automobile space required, If provision of bicycle parking were not required now it could not be required letter, Councilmember Henderson said hs would be disappointed if Council did not approve a motion emphasizing bicycle transportation when the developer said he would accept the condition. People gave lip service to encour- agement of other kinds of transportation then found all k.inda of excuses to avoid specific action. Mr. Knox asked if the intent of the notion was to reduce the number of parking spaces. Councitmember Fletcher said the intent of the motion vas to try to keep the deferred parking area in landscape. NOTION FAILED: The motion that the developer provide secure, covered, guarded bicycle parking, or individual bicycle lockers, to the ratio of one bicycle space per tea automobile spaces, failed on the following vote: AYES: Fletcher, Henderson, Brenner, Sher NOES: Carey, Clay, Eyerly, Fazsino, Witherspoon MOTION: Councilmember Eyerly raved, seconded by Faazino, that Council adopt the recommendation of the Planning Commission and Ala and approve the application of WSJ Properties for site and design approvan. at 3475. Deer Creek Road subject to the conditions listed in i t:433:7. NOTION PASSED: The motion passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fezzino, Henderson, Sir, Witherspoon NOES: Fletcher I 45 616/77 Mayor Sher explained that he had thought the item concerning Sand Hill Road would have been reached by the time he would have had to leave in any case. He would abstain from discussion on Sand Hill Road because Stanford University was his employer:. Though the matter had not yet been reached he had to leave, and he would turn the chair over to Vice Mayor Brenner. Mayor Sher left the meeting at 8:40 p.m. ORDINANCE RE CARD ROOMS Vice Mayor Brenner presiding, MOTION TO CONTINUE: Councilmember Clay moved that the item regarding card rooms be continued for two weeks, in accordance with earlier information given by Mayor Sher that an attorney had requested such continuance. The motion died for lack of a second. Pay Shelly, 409 Piccadilly, San Bruno, said he worked for Harold's Club three days a week as a floorman assuring that the card playing public was not cheated. He had helped write criminal identification law and Sonoma County's card room laws and also helped San Bruno write card room laws. He said that in return for his help Palo Alto had forbidden his playing cards in any of the seven casinos in Palo Alto. "...Honesty must be competitive" he said, for a card room was like a store. So that card rooms would not cost local governments' law enforcement time, employees had to be on the premises to enforce. He gave recondite terms such as "haymaker," "lacing cards," and to prove l hie point he gave same dealers' activities which could cheat tuetomere. He said he would help Palo Alto make its card room laws honest and competitive, along with giving up his job at Harold's Club. - .fames Pang, 4120 El Camino, spoke of the article in the proposed ordinance which forbade card rout employees to play. If passed, thirty-five Cameo Club employees would lose their jobs, for the reason that the thirty-five employees made up about 35 percent of the Cameo Club business. Chester J. Polaneki, 3085 Middlefield, said he had resided in Palo Alto for the past twenty-five years. He is assistant wager of the Cameo Club. He objected to having Council tell his whether or not he could play cards in his spare time. He knew the Cam Club was honest, and so he enjoyed playing there. He thought it might be unconstitutional for the Council to forbid his playing cards where he wanted to. Richard B. Wenderlich, attorney, 2235 Grant Road, said he represented the Cameo Club. He epoke on the section "House Players Prohibited." He said that a discussion with City Attorney Booth underlined that the heart of the problem for the City was concern over shills, or touts. He felt it was unfair to prohibit players to play just because they happened to be employees of the place. He had strong doubt in his mind concerning the constitutionality, and he urged that the matter be worked out rather than litigated. He continued, referring to "Table Limit," on page one of the ordinance, and the definition of what constituted a "table." The section said, "A table is an area in which a game is played not exceeding six players plus s sealer." The inconaietency lay in that Council had said they had not wanted to cut down the number of card players but that *sae exactly what they were doing. The correct definition would be to define a table as what it was being used as, which was eight pleyera plus a dealer. He said that since he had only seen the ordinance that afternoon the oily matters he had apprised himself on were " House Players Prohibited," and "Table Limit." He said that further reading of the ordinance sight lead to further objections. 150 9/6177 Gary. Dell, 971 Marquette Lane, Foster City, was en employee at the Cameo Club for the last two and one-half years. He had been a "house" ma.i for that time, and on the previous evening he had been told he might be out of work. He warned of the troubles that could result from not having a "center dealer." City Attorney Booth pointed out that the concerns of the speakers had been aired at a public meeting, on August 22, and had been written into the ordinance. The definition of a "table" as no more than six players had been written by the City Attorney's office in order to prevent some "creative carpentry" games, and if Council wished that definition could be adjusted upward by two. The prohibition of employees playing within house had arisen from policy set by the Policy and Procedures Committee meeting in July. For purposes of enforcement it would be difficult for police to ascertain if players who were also employees were on or off duty. Police had expressed the difficulty of enforcement from that standpoint, and the stipulation in the ordinance was one means of keeping house players at a minimum, at least. Councilmember Carey asked Mr. Booth if the prohibition egeinat house players had been in the first reading of the ordinance. Mr. Booth answered In the affirmative, adding that Council had discussed it at length. Cauncilmeuhber Carey said the provision, he thought, was to prevent shills, though he understood that an employee on his break was now prohibited from playing, though those circumstances would lead to him being a poor substitute for a shill. He said that at the appropriate time he would move that the number of players permitted be increased to eight. MOTION: Council ember Faz ino introduced the following ordinance and moved, seconded by Witherspoon, that Council adopt it: ORDINANCE 3017 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO EXTENDING VARIOUS SECTIONS TO CHAPTER 4.52 OF THE PALO ALTO MUNICIPAL CODE RELATING TO CARD RCS." (First reading August 22, 1977) AMENDMENT: Council,newber Carey moved, seconded by Clay, that the section of the ordinance limiting the number of players at a table be amended to increase the number to eight. Councilraember Henderson said he supported the amendment but be had s»amre questions: could not the employees play at other card room or were they prohibited from playing at any card room? Mr. Booth said they were prohibited from playing et any card room in town. Council her Henderson said he would like to have a copy of the other ordinance in fron of him before he entered into further discussion. NOTION TO CONTINUE: Councilasember Henderson moved, aecohded by Carey, that the matter of the card room ordinance be continued for two weeks, to September 19. Councilmember Wither/Toon said opposed the motion to continue for the Policy and Procedures Committee and Council had already spent e great deal of tine on it, hearing from may speakers. The City had the right to prohibit card roomsentirely in Palo Alto, and she did not event to "quibble" further. 151 9/6/77 MOTION TO CONTINUE FAILED: The motion to continue the matter of card rooms until September 19 failed on the following vote: AYES: Fletcher, Henderson, Carey, Clay NOES: Eyerly, Brenner, Faxzino, Witherspoon ABSENT: Sher AMENDMENT PASSED: The amendment, clanging the section of the ordinance limiting the number of players at a table to permit eight, passed on the following vote: AYES: Brenner, Carey, Cley, Fletcher, Henderson NOES: Fazaino, Eyerly, Withetepoon ASSENT: Sher AMENDMENT: CouriciLsember Carey moved, seconded by Fletcher, that the section prohibiting employees from themselves playing cards be re -worded so as to allow employee dealers to play also; defining those prohibited from play as those who were being paid by the employer to play, as opposed to being paid to deal. Couacilmember Carey said he realized that adoption of his proposed aneedment might give rise to an enforcement problem and also a problem as to whether a player was a shill or a dealer, but he thought Council. should be willing to assume that burden. The actual prohibition was too far-reaching. If card rooms were to be allowed in Palo Alto they should be allowed on "a fair and reasonable basis," or not be allowed at all. Mr. Booth said the terminology of the proposed amendment would be interpreted as ineluding those persons who might not be paid to play but were perhaps backed, or staked by others to play —in other words, the employee -player was to play with his or her awn funds, and not be funded by any outside source. Councilaeeaeber Clay *eked if the words "while on duty" inserted into the ordinance would nerve the purpose of the went, meaning that the person would be prohibited from playing while on duty, which was his understanding of a shill. City Attorney Booth said the suggested threes would not accomplish that purpose, for it would not include those employees who might not be on duty but would be staked and play for others. Perhaps they shared tho winnings, and perhaps they did not. Co mcil ember Carey said he thought the phrase would go a long pity to covering the first half of his fit. Couocila►eeber Eyerly reminded Couneilmeeabrre that the intent of the original motion was to licit card rooms in Palo Alto. The Council that evening, without the notion before it, was picking it apart and broadening it. Testimony of the Chief of Police and advice of the City Attorney sought to prevent the problems inherent with such enterprises. He thought the ordinance approved by Cecil on first reading was proper, and he would vote against further amts . Co%mcilmeaber Henderson said there vas no 'broadening': for the present table size was eight players and a dealer. He wanted to have further clarification on how it could be told if a person playing was a shill or playing with his own stake. 152 9!6/77 Mr. Booth said that with the present ordinance making the distinction would not be "too difficult," for if an employee was seen playing the game he would be in violation of the ordinance. If it were changed it would be difficult, perhaps impossible, to distinguish between an employee and an employee --player. Seme undercover work would be needed. His understanding of the proposed amendment was that an employee could play at any time as long sa he/she was using personal funds. AMENDMENT FAILED: The amendment that the section prohibiting employees from themselves playing cards be re -worded so as to allow employee dealers to play also; defining those prohibited from playing as those vbo were being paid by the employer to play, as opposed to being paid to deal, failed on the following vote: AYES: Carey, Clay, Fletcher, Henderson NOZS: Brenner, Eyerly, Fazzino, Witherspoon ABSENT: Sher MOTION TO CONTINUE: Counei.Imember Carey moved, seconded by Henderson, that Council continue the natter of card rocs to September 19. Councilmember Carey said he thought the vote of 4-4 indicated there was indecision. MOTION TO CONTINUE FAILED: The motion to continue the matter of card rooms to September 19 failed on the following vote: AYES: Carey, Clay, Fletcher, Henderson NOES: Brenner, Eyerly, Fazzino, Wt herepoon ABSENT: Sher MAIN MOTION PASSED: The main motion that Council adopt the ordinance concerning card rooms as amended passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Witherspoon NOES: Carey, Cllr ABSENT: Sher se OF 17'4 di6D 1976 SATE PA>I� I10110 FUNDt: I OL PARS Clef: : ) MOTION: Counciimsmber Witherspoon moved, smoouded by Fazzino, that Council adopt the following ordinance and resolutions: RESOLUTION 54.48 entitled "RESOLUTION or l"SP 00tI11CIL OF THE CITY OF PALO ALTO APPROVING /ME APPLICATION FOR 1974 STATE Cam! MOS." (ROL PAIRIMPROVEMENTS) LION 5449 entitled " OT(IN OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING TEE APPLICATION FOR 1976 STATE GRAM' ." (BOY, PARK IMPROVEMENTS AIM COLLEGE TERRACE PLAYS 153 9/6/77 ORDINANCE 3018 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ThZ BUDGET FOR THE FISCAL YEAR 1977-78 TO ESTABLISH AN APPROPRIATION TO CONSTRUCT A BICYCLE PATH FOR THE BOL PARK PROJECT." Councilmember Eyerly asked about the kind of playground equipment for for College Terrace that $27,889 would buy. Naphtali Kno,, Director of Planning and Community Development, introduced Daniel Fred, a member of the Planning staff since May. !r. Fred was formerly Director of Community Development in Galveston, Texas, and he had also earned a master's degree in planning at Harvard University. Mr. Fred said that before installing the playground equipment planned for College Terrace, City staff would work with residents of the area to determine the kind of equipment needed. Councilmember Eyerly said he thought a request was coming in for a cement platform area, and he felt that swinge and elides and the like should be provided for ages of children 3 to 12 or 15, rather than a platform area which is seldom used. AMENDMENT: Councilmember Eyerly moved, seconded by Witherspoon, that the playground equipment to be installed be of a type designed for ages 3 to 15. Councilmember Eyerly explained that he had lived next to Eleanor Park for twenty years and had seen very little activity with the stage and concrete area in that park, and he preferred the money be spent on equipment: that would be used by the large number of small children in that area. Councilmember Clay said he also liked favoring the age range of three to fifteen so far as kind of equipment purchased, though he did have some reservations about the amount of $25,000 to be expended for that purpose. AMENDMENT CHANGED: Councilmember Fletcher moved, seconded by Eyerly, to change the amendment to add that the application for purchase of the equipment be brought to the Finance and Public Works Committee. Councilmember Fletcher said she thought residents have the opportunity of presenting their own case equipment they would like to see purchased. MUcb place in the manufacture of playground equipment, of the area should for the kind of innovation had taken she thought. Councilmember Henderson questioned the method of purchase though' he did not want to buy all of the equipment at one time neither did be want to have the scatter come before the Committee repeatedly. Mr. Fred said that application for funding would be made immediately to the estate. When the actual contract vent out for bid, the Council could then stipulate what the terms would be and the kinds of equipment it would cover. Charles Walker, Assistant City Manager, said that unlozs there was some requirement in the funding specifications by either state or federal governments the Council would net be involved because it was s strict purchase contract, and would be done at the staff level. Staff purchased equipment every year, and participation of neighborhood residents was a matter of course. Councilmember Henderson said he did not think he wanted to get that involved, as Councilmember, in the detail. Councilmember Eyerly said he thought the substitutes motion gave the direction Council vented to take, for as Councilmember he wanted to see what College Terrace residents chose to have. 154 9/6/77 Councilmember Fazzino asked if the Council had ever considered playground issues. Receiving an answer in the negative, he said he had confidence in the staff to exercise good judgment. He would oppose the substitute motion and support the main motion as stated. AMENDMENT PASSED: The motion that application for purchase of the playground equipment be brought to the Finai,ce and Public Works Committee passed on the following vote: AYES: Carey, Clay, Eyerly, Fletcher, Witherspoon NOES; Brenner, Fazz{ no, Henderson ABSENT: Sher Councilmember Clay asked if the amendment just passed affected the application for funds. Mr. Fred replied that the application for funding was due in the state office September 15, 1977. The application would refer to the amount of $27,800 releting to the project, and the project would be described in general terms. Councilmember Clay said he thought the motion just passed meant that the specific dollar amount would not be mentioned. W. Walker said he understood the motion to mean that Council had concern about the type of equipment to be purchased. Staff would provide the Finance and Public Works Committee with a list of equip .rt it proposed to purchase. If those items were consistent with Council wishes they would be purchased and if a more detailed review was needed it would best take place before the application was processed. Councilmember Clay said that he had uadcretood that the motion just passed was conceeneI with the level of expenditure for College Terrace, not with the type of equipment. Vice Mayor Brenner confirmed to Councilmember Clay that the motion just passed was concerned with the type of equipment, not the level of expenditure. MAIN MOTION AS AMENDED: The main motion, adopting the resolutions and ordinance and the amendeent that the application for approval for purchase of the playground equipment be brought to the Financeand Public Werke Committee, to review the type of equipment to be purchased passed on a unanimous vote, Mayor Sher absent. RECESS TO EXECLT°E'IL E SI Council adjourned from 9:30 p.m. to 9:45 p.m. Vice Mayor Brener advised Councflaembere there would be a brief Executive Seeaion with the City Attorney re litigation. SAND HILL ROAD IMPROVEMENT PROJECT - ASSESSMENT DISTRICT PROCEEDIMCS NreerIy1Willow Road Project$ (CMR:441:7) Vice Mayor Brenner observed that the Sand Hill Rood Improvement Project was designated as Project 74► -•65. She continued stcyiug that on March 21, 1977, Council had rued +t series of resolutions, the substance of which vas to authorize the Director of Public Works to proceed with the preparation of the detailed engineering reports required in order to 155 9/6/77. hold public hearings on the project. These reports have been completed and filed in the office of the City Clerk. She asked Mr. Pawloski, Director of Public Works, to outline thecontents of the resolutions before Council that evening and to describe their significance. The action requested of the Council, she pointed out, was preliminary approval of the reports and the setting of dates for formal public hearings, as indicated by the various resolutions listed on the agenda. Mr. Pawloski began by saying the most secant effort on the Sand Hill project began in August of 1974, and it had proceeded through the draft Environmental Impact Report (EIR), and the final EIR, after which the City Council drafted the specific project send the specific alignment. The project has been designated for four lanes, from Santa Cruz Avenue to Arboretum Avenue, and the construction of four lanes from Arboretum to El Camino Real. In March, 1977, the Council initiated assessment district proceedings and hired Brian, Kangaa, Poulk & Associates as consultants. Council's action involved two different but related documents: the preparation of construction plans for specifications for the project and the preparation of the documents related to the formation of the assessment district. Council had those documents before them that evening. The Palo Alto Times reported that in total there were some eighteen pounds of material. Staff was asking that evening that preliminary approval of the plans, specifications and assessment district be given, and that the date for a public hearing be aet for November 7. The interim period until then provides time for interested parties to become familiar with the project as defined by the documents. Mr. Pawloski said that following the November 1 meeting, bids for bonds and construction of improvements could then be called for. In January, 1978, there would be a warrant of the sale of bonds and construction bid. Construction of improvements is scheduled to begin February, 1978. Completion was planned for October, 1978. He said he would like to begin specific discussion of design features and of the assessment proceedings. Cary Wincott of Brian, Kankas, Faulk (BKF) would discuss the project using plans projected on the wall of the Council Chansbera. Next, Dave Heldt, of Brown and Heldt, would speak on urban design features. Following him would be Kea Jones, legal counsel for the assessment district. The last- discussion would be by Wayne Howarth of BKF, who would explain the estimated cost of the project and the method of assessment. Vice Mayor Brenner said she thought it would be more helpful. if Council - members could ask questions of the people Mr. Pawloski had spoken of. Mr. Pewlosk.t asked that Mr. Ken Jones, talk briefly about the assessment proceedings. Mr. Jones, counsel for the assessment district, said that the assessment district was to be set up in the customary fashion and that he would be on hand at the November 7 public hearing to answer specific questions in detail. This assessment district had so far presented no unussual. problems. Councilmomber Henderson asked the Width of the right--of-way for Palo Alto Avenue vise it junctiened 'frith El Camino Real and Alma. Hr. Pawloski replied that the right-of-vay was sixty feet on either side, both sides being dedicated park land. Councilmember Henderson asked if it was possible for the state to acquire the land by condemnation proceedings, or if it could be obtained by voting. Robert K. Booth, City Attorney, replied that it was possible, though at this time he did not know the specific way it would be best to do it. Cammeilmanber Hendersoe recalled that the City had already paid $250,000 for the 3' acres —bad not Council already appropriated that mossy? 156 9/6/77 Mr. Pawloski answered that the cost of acquisition of the land had been spread over the assessment district, for when the project was adopted there had been sufficient money appropriated to buy the parcel, but he had subsequently learned that the money had been appropriated from the gas tax funds which meant that such money had to be spent for mitigating purposes. Therefore the $250,000 had later been earmarked a€ a contribution for the construction of the San Franciaquito bridge. Counciir ber Henderson asked about the status of the agreement between Stanford and the City on Campus Drive ----he was aware that the five-year moratorium had been removed. He said he was concerned about the triggering effect the agreement would have, resulting in the construction of the Campus Drive extension. Mr. Pawloeki said the agreement was in the City Attorney's office. CouncilmeMber Henderson said that it was his understanding after a discussion with. Stanford representatives that Stanford was willing to construct the Carus Drive extension within two years after Sand Hill was completed. He continued saying that he vas concerned about the City's contribution increase to over $1 million. He asked to have the figures on page 4 of the staff report explained, noting that $420,800 had been added. Hr. Pawloski answered that the rights--of--way had the value of $420,300. The assessment district would be charged that amount. The amount on page 4 was less the $420,800, so that the net contribution by the City was $597,000. Councllmamber Henderson asked when the City had increased its contribu- tion. Mr. Pawloski said that the City increased its appropriation by $18,000 in June, 1977, raising the total from 576,000 to $597,000. The total appropriation provides $250,000 for the acquisition of the Open Space Parcel. Councilmember Henderson consented that originally the City's contribu- tion to the project had been $326,000. Re said there was a meeting taking place that same evening in Paolo Park on the same concern about their contribution having increased. If Menlo Park did not want to contribute additional money would not Palo Alto have another problem? kr. Pewloski answered in the affirmative. Councilmenber fenderson► asked the status of the lessee in protesting the project. Ken Josses, legal counsel for the assessment district, answered that lessees, or tenants, were bound by terms of the lease. Property owners, lessors, were primarily responsible for the assessment, which was set on a mathematical formula set to equalize assessment levies. First a traffic generation factor for each parcel of land was considered, and secondly a zoos: benefit factor for each parcel of land was considered. Benefits for each parcel of lend resulting from exposure to improved traffic circulation, were determined on a scale of zero through three; benefits for each parcel of land from improvement in the level of traffic service based one the highest and best use of the parcel were determined ore a scale of zero through seven. Corrected Couucilmambeer Henderson noted that new trees were to be added to the See pg. median stripe by Menlo Park Be asked bar manly trees were to be added, 270 and be urged that some trees be added to the strip north of ,thee Stanford Shopping Center. 137 9/6/77 Councilmember Witherspoon interjected that she had received an opinion from the Fair Political Practices Commission in Sacramento in response to her inquiry about whether or not it would be appropriate for her to participate in the Saud Hill discussion since ehe was en employee of Stanford University, one of the principals in the matter. The substance of FPPC'a reply had been that it would be proper for her to participate. She continued, asking about the preparation of the EIR without having the Canopus Drive agreee nt well in stand. City Attorney Booth replied that Campus Drive was essentially a private project, and that it might therefore be exempt from an EIR, although Juniper° Serra was a county road and would require one, which would include Campus Drive, tangentially. Councilmember Witherspoon then spoke of her concern about the multiple housing along Sand Hill Road, and that with only a 90 -foot setback there cculd be some hazard to children. Councilmember Fazzino questioned the status of the development of the Stanford Shopping Center to date. Mr. Pawloski replied that the Shopping Center was at Phase 1 of their improvements, up to Alternative i. Councilmember Fazzino asked about the speed limit. Mr. Ted Noguchi, Director of Transportation, replied that the present speed of 35 mph would remain for some time to come. (ABOUT TWENTY MINUTES OF QUESTIONS AND ANSWERS EXCHANGED BETWEEN COUNCILMEMBERS AND STAFF ARE NOT AVAILABLE HERE, SINCE THAT PORTION OF THE TAPE IS BLANK AND Tits RE APPEARS TO HAVE BEEN MECHANICAL DIFFICtUI.TY . ) Vice Mayor Brenner said that a letter to the public from the attorneys for the Oak Creek Apartments had been received. Dr. Nancy Jewell Cross, 1902 Palo Alto Way, University Park, San Mateo County, spoke for the Committee for Safe and Sensible San Francisquito Creek Area Routing. She gave several reasons developed by the committee fsvoriag the routing they recommended. She projected a slide showing the specific alignment receded by the committee. Vice Mayor Brener acknowledged that the Cosncilneraebers had received the committees written discussion on the setter. David Stiles, 1931 Perry Avenue, University Park, San Mateo County, said he concurred with Dr. Cross that the committee's idea had "a great deal of writ." He approved siphoning off a great deal of traffic and trying to solve the problem at the western end of the project. He had not realised the problems at the eastern end of Sand Hill where it joined El Canino Real, and be felt there was no hope for the project when there were two such constrictions at either end of the proposed project. He aeked that a study be made of the feasibility of the proposal of the committee for the western acrd of the road. Joseph Carleton, 2350 Roes Road, asked if the project was to increase accessibility to Sand Hill Road, and be womdered what effect it would have on development. He observed that studies had shown that ocean highways, did not relieve traffic conditions, they created traffic conditions, increasing vehicles to sus numbers that further widening vas needed. He felt it would be best to discontinua the project, sayer "It's better to est $300,000 than to pour $5.5 million more into it." Though the traffic director bad said the amount of traffic would not increase, the accident rata would increase 36 percent to 40 percent. Cortected See pg. 271 See p. 270 for portion not trans- cribed here. 158 9/6/77 Those percentages showed him the project should not be built at all --he thought a more creative solution would be to make it possible for people to integrate their residences and placed of work. He praised the bus and ferry system in Vancouver, British Columbia, where he hcd visited recently, and such integration had taken place. Silas 0. Payne, 235 Montgomery St., attorney for Oak Creeks Apartments, said he had been a member of the Palo Alto Planning Commission in 1961, and he had also been a member of the Menlo Park City Council. At every one of the cumulative eight years hack been the topic now before there at the present time, twenty years later. Oak Creek Apartments, his client, was being assessed $595,556, with the rate of repayment at $48,000 per year, $4,000 a month, for parcel 38 alone. Though he had not read the "eighteen pounds of reports" he recalled Mr. Jones' words, "the purpose of this road. . . is to relieve a very bad local traffic condition." He himself thought that the road was designed to relieve a regional traffic -problem. He had written to other leasehold tenants noting that one of the major proponents of the road was the Stanford Shopping Center Merchants' Association. One woman had candidly replied that "Sri behalf of the Stanford Shopping Center Merchante' Association we wish to advise your office and your clients that the proposed Willow Road improvement is absolutely vital to the growth of the economic climate of the Shopping Center and to the City of Palo Alto. . . .' She stated clearly, he said, that the purpose of the road was to tie Highway 280 into the Shopping Center. That, he said, would be of some benefit to his clients, but not at the cost of $4,000 a month. He held that the purpose was not local, and should not be paid by a local assessment district. Couacilzaeraber Carey said he understood that Mr. Payne was saying it was a regional, not a local problem. He asked how many units there were at Oak Creek Apartments. He learned there were 759 units, a community of about 1,100 people, many of them retired, and the number of those who worked was not known, He expreseed surprise that the majority of the 1,100 residents did not commute to work. Ile referred to the attorney's assertion that one evidence of the project being regional rather than local was the feet that the name had been changed to Sand Hill Road. He asked if that assumption had been based en having heard that statement at any public meetings he say have attended. Mr. Payne said he had based his assertion on the fact that the project had been re -labeled from the "Willow Road" project. Councilmember Carey said he vented the record to show that the proposal tochange the name from Willow Road to Sand Sill Road bad been proposed by Menlo Park, not Palo Alto, and the change was proposed because 1) it was called Willow Road, from Eaysbore to El Camino, and from the Willow Road running from the Shopping Center to Santa Cruz without joiatng, and so the name change bad been based on unifying geographical entities; 2) the name change night also help alleviate the fear that thae road sight some day be linked to Bayshors Freeway. That understanding was implicit in that the name change occurred at El Casino Real. That rationale was a part of the record of the sub -committee hearings between Menlo Park sad Palo Alto. Councilsesmebsr Carey then referred to page 2 of Mr. Payne's letter, which observed that a considerable amount of money raised by the district would be spent outside the district to make sure the portion of the road between billow Road and Santa Cruz Avenas would be brought up to Sand Hill Road standards, and that no properties of Menlo Park and the County of San Mateo would be assessed, Mr. Payne replied that he had beard bast Friday that the total cost across the creek, including the bridge and the frontage road, was over $1 million, and that the City of Menlo Park and the County of San Mateo were making a contribution of the bridges and ;be fronts** road, but aasesssi ng to t district funds to be spent on the read itself which ran to Sand Hill. 159 9/6/77 Councilmember Carey asked how Mr. Payne had then concluded that Palo Alto was secretly talking about a regional problem. Mr. Payne said he had concluded that because one small assessment of the parcels were to be used to tie into a major divided highway which "coincidentally goes into Highway 280, and which, when completed, wo;ild be four lanes right into the shopping center." Councilmember Carey asked if it were not also logical to say that the boundary between Menlo Park and Palo Alto just happened to fall on a creek, which happened to divide the road between the two connecting points. Except for that fact, there would be no question of spending money "outside the district." He himself thought the problem was local, and did not terminate at the bridge, If, as it seemed to him, one of the major members of the assessment district was protesting, he thought the facts should be cleared up at that specific time. He suggested that Mr. Payne speak to those issues at the November 7 public hearing. R. ,l. Debt, 3145 Flowers Lane, said that the Council vat faced with the problem of smoothing traffic flow for both the University and Hospital as well as the Shopping Center. Many would be affected by the project -- the present Council was not bound by what previous Councils had done. He said the Council should draw up a manifesto --like document which said that "this Ccuncil will not allow traffic from the Willow Road addition to enter Palo Alto at Palo Alto Avenue. He thought that in dealings with Stanford it would be best for the Council not to eater into agree- ments about Campus Drive with "hired officials," no matter how high their position, but to enter into agreements with the Board of Trustees only. He urged that Council vote "no," on the issue before them. The issue would stay alive, and after November 1 action could be taken. He opposed any entrance into Palo Alto at the Alma junction. Herb Borock, Boa 11572, Palo Alm said his comments would be about the intersection of Sand Hill, El Camino Real, and Alma. He said Councilmember Witherspoon had "been here a long tine so . . let her. vote. I certainly don't have the means to contest the legality of her participation." He said there was need of some assurance that the connection between Sand Hill and Alma and Palo Alto Avenue did not become a fact. The Sand hill intersection, where it junctioned with El Camino, could be re -aligned, he said. Using the map on the chamber wall he demonstrated how that could be re -aligned, With the addition of some buffer taken from dedicated parkland. He suggested three alternatives to having traffic spill over on to Palo Alto Avenue. Councilmember Henderson said he would like to have the motion placed before Council, then he would like to aeke sow coolants. Councilmember Fazzino said he would make that notion, and he also wanted to make some cc eats. MOTION: Councilmember Fazzino moved, seconded by Eyerly, that Council adopt the following resolu`ione: RESOLUTION 5450 entitled "A RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT AND FIXING TIME AND PLACE OF BEARING THE'RE'ON UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE," RESOLUTION 5451 entitled "A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT." RESOLUTION 5452 entitled "A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND 'i B RECOEDATION OF NOTICE OF ASSESSMENT." 160 906/71 t/ ; RESOLUTION 5453 entitled "A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE." RESOLUTION 5454 entitled "A RESOLUTION OF INTENTION TO VACATE FUTURE RESIDUAL STREET RIGHTS -OF -WAY ALONG WILLOW ROAD (SAND HILL ROAD) ." RESOLUTION 5455 entitled "A R3S0LUTI0N PROVIDING FOR NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY INIT1X ING EMINENT DOMAIN PROCEEDINGS." Correc ted See pg. 270 Council.member Henderson recalled pressure put on him by Oak Creek residents in 1974-75 demanding the project they now protested. He said he had introduced the subject of Willow Road improvement in 1971 moving that staff study feaafbilities of widening it and extending it to El Camino Real, in recognition of heavy traffic and consequent economic limita- tions to Stanford Shopping Center. His first motion failed --a subsequent passage of the motion brought before Council staff recommendations for a 120 -foot right--of-way, reduced, at a later time to 90 feet. He outlined further modifications of the plan in the 1971 and 1975 dates, saying he now found hthaelf in a position of leading a rejection of the entire program. He maintained hte 1975 objection to running the road through the trees. He said that since then approvals from all jurisdictious affected by the proposed improvements had been obtained, and from $300,000 to $500,000 in costs had been incurred for engineering design; Stanford completed new construction of buildings and parking areas based on approval of the road location and design. The present design removed fewer t re+:a than had earlier been planned. He ream "no great benefits to Palo Alto from this widening and extension --the one possible benefit was economic --increased sales tax from the Stanford Shopping Center." Stanford and Menlo Park were the beneficiaries -Menlo Park, in particular, which Palo Alto vas again helping out, for much traffic would be shifted from residential streets to Willow Road, and Menlo Park had no direct routes from Kaye ore to El Camino or from El Cassino to Highway 280. He said he had talked at length with Bill Massey at Stanford, who had taken over the vice-presidential post formerly held by Bob Augsburger, and Cowncil er Henderson said he wanted to repeat some statements made by Bill Massey, Andy Doty, and other Stanford officials: Stanford has no interest in a Willow freeway or expressway and will make no effort to create either; Stanford understands Palo Alto's Concern .bout traffic on Alma and has no i iterest now or in the future in pushing an Alma Street connection; Stamford is willing to chafe the agreement related to completion of Campus Drive to state eep`cifically that Campus Drive extension to Juniper* Serra Boulevard will be undertaken within two years of the begineing of construction of Willow Road; Stanford is committed to housing on the 45 acres on Willow Road, east of the Oak Creek Apmrtments, and intends to develop housing in a price range that meets the needs of peoples employed by the Urs vereity, or University lessees, so far as economically possible, the development to include 10 percent of below --market units am required by Palo Alto's Comprehensive Plan. In view of those statements, Caumcilmember Henderson said, he supported the resolutions before Council that evening. He said he intended to explore the cost structure in November. He was disturbed by the increase of Palo Alto's share from $326,000 to $597, - -he was not willing to go higher. Though Stanford meted oa the "tough bargaining" they bad with Palo Alto, Stanford had cocas out well on the Willow Road sprat. Be favored supporting Stanford's continued well-being and Stanford needed Willow load --he thought it could be done with less cost and environmental destruction. This project had improved since its inception, thanks to concerned citfs ns and environmantaliets. He into coded to support the six rsa olsations, hie support to be predicated on a couple of its. 161 9/6/77 AMENDMENT: Councllmember Henderson moved, seconded by Brenner, to direct staff to seek from Stanford University Board of Trustees a new agreement that construction of the Campus Drive extension to Junipero Serra Freeway begin within two years of the beginning of Sand Hill Road (Willow Road) improvement project. 1 1 Councilmembcr Fazzino suggested it would be well to get some corments from Stanford people that evening. Counci1me ber Eyerly said he understood the motion to say staff was to initiate discussions with Stanford. Did that mean successful negotiations with Stanford had to be completed by staff before the project moved ahead? Councilmeibei Henderson said he had concluded from his conversations with Stanford officials that staff would "pass on to Stanford the request for formal ratification of this new agreement and we will have it back by November, by the time of our next decision on this road." Jim Nelson, Director of Facilities and Properties, Stanford University, said he would try to answer the statements one by one: Stanford did not have any interest in Willow freeway or expressway and would make no effort to create either; Stanford had no interest in pushing an Alma Street connection in Palo Alto. The matter of Stanford's willingness to change the agreement related to com}.letion of Campus Drive, and to change the agreement to state specifically that Campus Drive extension to Junipero Serra Boulevard will be undertaken within two years of the beginning of conatructior: of Willow Road presented more of a problem. Much committee discussion had led to an agreement to eliminate the 5 - year provision formerly included. The ultimate agreement had been ratified by Menlo Park City Council and Palo Alto City Council. Follow- ing that, staff had recommended to the Board of Trustees that the Campus Drive project be funded, placing auch funds into escrow, so that there was assurance that funds would be available when time for Stanford to fulfill its part of the agreement came about. In May, Stanford's Board of Trustees had approved the project, allocating the funds which had since been escrowed. He thought that indicated Stanford's intent to complete the project, and probably before the triggering agreement, "if for no other reason than inflation." Mr. Nelson said he could not commit to building the road within two years following the start of construction of Willowy Road. That would have to go back to the Board of Trustees. Counciluember Cenderson said that his informal discussions with Stanford people hsd led his to believe the proposed agreement would be a "rea oaable concession" and that there would be a willingness "to push hard with the trustees. . ." and he was somewhat taken aback. dr. Nelson .aid there had been discussions with Mr. Massey, and he had not had the same understanding SA Councilsemmber Henderson had received. It would be necesaary to have subsequent discussions at the administrative and trustee levels. Cotncilr,euher Henderson raised the matter of Stanford's proposed housing, which, again at the informal level, he understood was going to be supported as average-iaacoaee housing and pursuant to the Comprehensive Plan, would have 10 percent low to moderate -income 'rousing or in -lieu payuants. Mr. Nelson said Stanford did not have a specific plan. Stanford had made public statements itt the past that it was their intent to use the 45 -sera parcel "in a significant way" for housing. They intended also to howior the spirit of Palo Alto's Comprehensive Plan --ultimate use would depend on the perm t ted densities. 162 9/6/77 Corrected Yr pg . Councilmember Henderson said "the ballgame has changed. . . I realize my vote isn't needed now. I guess I'm going to have to have this kind of satisfaction by November." He thought that by "final decision time" hie and others` votes would be vital to the project; he said he had to see some effort toward the "two policies" being made by that time. He had made his statements in good faith based There had been no "waffling" on it. Mr. Nelson sail he was not attempting to "waffle" an the question for it was a matter that had to go back to the trustees. He was not suggesting that Stanford would not be tilling to cage the provisions of the agreement as it was now known. The time requirements could be discussed in line with the spirit of the proposed amendment, end could be taken up no earlier than October's board meeting --that would be la time for the proposed November discussions. Councilmember Henderson a said that his amendment said that in good faith the administrators of Stanford would present the agreement to the board of trustees io a supportive way, and the board would then make the decision. Mr. Nelson said he could sake the commitment that "we will make a presentation to our trustees in October on the matter." Re said he thought it was fair to say that some members of the staff eav some merit in possibly building the road prior to the tie of the triggering mechanism, "If for no other reason than it is a good public relations move on behalf of the University". Councilmember Witherspoon asked why Councilmember Henderson preferred the proposed amended agreement, rather than the one negotiated by the farmer Council. She said she did not believe in building roads if they were not needed ---the committee that had worked oa the agreemeut had wanted to assure that when there was a need the road would be built. A look at the network of roads costing into Junipero Serra made her question whether or not Council wanted to require the road before there was a traffic need. Councilmember Henderson said that when he proposed the study. in 1971, Stanford had said they intended to complete Campus Drive within a "abort time". Two years later Stanford said the fends were not then available. The study bad indicated that considerable relief from tref f is would result from comp1etiou of Campus Drive. The drive, at present, was almost completed. The County, Councilmember person said, would put in a stoplight at the junction of Loa Arboles and Junipero Serra when Campus Drive was completed. Re sew no seasons not too go on end have both projects colleted. He said he world rather prevent having traffic roach the peak level before action was taken. Councilmember Witherspoon said that if she understood Councilmember llenderron's statement, it meant that perhaps Quarry Road should have been completed before Willow Road was improved. Vice Mayor Brenner said she thought Council approval of the proposed Stanford housing eight be .interpreted as approval for lousing built solely for Stanford workers She was reluctant to favor that. She said she wasted to set middle -income housing but if federal fug were involved she did not vent to back a proposal for boueing for one exclusive group. Councilaavber Carey recalled attention to the amendment before then, that dealt only with Campus Drive. He asked to have the motion repeated, saying that at the appropriate time be would like to speak to it. 163 9/6/77 Councilmember Clay recalled that after discussions about extension of time, a reasonable conclusion had been reached that whenever traffic reached Level E Stanford would be ready to build the Carpus Drive extension. He favored the present agreement, which said that if the extension were not needed it would not be built. Councilmember Carey observed that the time was 12:15 a.m. and said he would be brief. He, himself, he said, had had "a lot to do with modi- fication of the 5 -year agreement," and Stanford, as well as Menlo Park, for whom the extension was a critical part of the project, agreed that Campus Drive be dealt with by Stanford. If at either Pasteur or Santa Cruz Avenues the traffic hit Level E Stanford had agreed to construct the balance of Campus Drive, and within 18 months. Stanford had agreed to eliminate the 5 -year period they had formerly said they would not build in; however, once Level E was reached there would be .an 18 -month period to endure before Campus Drive was completed. That was a flaw in chat agreement; now the consultants said Level E would not be reached for five years. He supported the amendment that asked staff "to seek" a Corrected Certain date. Perhaps an alternative that took care of the gap between See pg. 271 the need and the actual completion could be found; Stanford was showing cooperation. He observed to Mr. Nelson that since Stanford had the money in escrow perhaps the road should be built. Councilmember Clay asked if the agreement stated that construction of the road would begin within 18 months after Level E condition was reached. Mr. Pa 1oski said that the current agreement stated that Carpus Drive extension will be completed within 18 months after notification that Level E traffic conditions had been reached. Councilmember Clay underlined the words ",..completed within 18 months." Councilmember Carey cautioned that once it was determined that Level E had been reached, either party to the agreement had thirty days to No statement said that once the Level_ had been reached the extension wculd be built as fast as it could be. Councilor ehet Clay said he had thought that was implied. The question then arose as to who determined that Level E had been reached. Councilmember Carey said the State made that determination. AMENDMENT PASSED: The amendment that staff seek from Stanford Uni- versity Board of Trustees a new agreement that construction of Campus Drive extension to Jenipero Serra Freeway begin within two years of the beginning of Send Hill Road (Willow Road) extension passed on the :following vote: AYES: Brenner, Carey, Eyerly, Fazzino, Fletcher, Henderson NOES: Clay, Witherspoon ABSENT: Sher Councibeember Fazzino said he wanted to $eke a few comments for the record. He said that two separate Councils representing two political philosophies had already approved the concept of Willow Road. Bargaining, he thought, bad been in goad faith with Stanford and Menlo Park up to this time. He thought it was too late to 'upset the applecart." He felt Council's bossiness that evening was the assessment district proceedirgs, and that should be acted upon. If he had been involved some years ago, he slight have voted for an alternative plan —he did not feel it was 164 9/6/77 Corrected See pg. 270 appropriate now to change matters. He generally supported the concept that a 4 -lane Willow Road from Santa Cruz to El Camino was necessary -- numerous reports convinced him that traffic problems now present would he resolved withou,: creating major traffic congestion. He said he thought Palo Alto should continua, however, to avoid traffic congestion by emphasizing bicycle and hues transport. He said he thought the issue was dead about Willow Road being another link for the Willow Expressway corridor. for six years there had been major opposition to the idea. He approved the minimal tree removal the proposed Willow Road improvement would call for. He thought the A -acre site near the Children's Hospital would remain quite attractive. His concern was the Alma Street design. He though: it might work and he was willing, through persuasion of some of ite proponents, to go ahead with it at the present. He supported all six resolutions before Council at that time. AMENDMENT: Courscilmesrber Henderson moved, seconded by Eyerly, that staff be directed to seek from Stanford University Board of Trustees a statement of intent to reserve the vacant 45 -acre parcel on Saad Hill Road for housing; such housing to be suitable, as far as economically testable, for moderate -income families and to fulfil) the Comprehensive Plan requese for 10 percent low- to moderate -income housing, or in -lieu payments. Councilmewber Carey said he understood that the 45 acres was within the City of Palo Alto and subject to its control, The property had previously been zoned multi -residential., R-4. Comprehensive Plan guidelines had not yet been implemented because the Planning Commission was now studying the zoning process and amendments to the zoning ordinances. He did not know what exactly would be recommended so far as low- and moderate - income goals, for the 10 -percent goal could be accomplished in a number of ways, one of them being in -lieu payments, another being increased density. He foresaw that Stanford might have some difficulty in agreeing now to Palo Alto's housing goals, yet not knowing specific densities. He preferred that Council make a policy statement rather than a condition, especially since the ultimate density was not yet known. Councilsember Henderson said that the word "intent" in his motion covered the possibility of change of density or the like. AMENDMENT PASSED: The amendment that staff seek a atateanent of intent from Stanford University Board of Trustees to reserve the vacant 45 -acre parcel on Sand Hill Road for housing, such housing to be suitable, as far as economically feasible, for moderate -income families and to fulfill the Comprehensive Plan request for 10 percent low- to moderate- imcome housing, or in -lieu payments, passed on the following vote: AYES: Bremner, Eyerly, Farzzino, Fletcher, Henderson, Witherspoon DOES: Carey, Clay ABSENT: Sher AMENDMENT: Councilmember Henderson moved, seconded by Fletcher, that Palo Alto City Council declare its policy to add to the 34 -acre weld a number of trees equal to theses bmiag removed from the Arboretum to El Canino portion of roadway. Councilmember Henderson said hia amendment was in response to considerable cost by people in Menlo Park expressing concern that the trees were decorative as well cs protective. Ha did pot think ". . .trees ware that expensive." Re thought it would improve tbs arse for park purposes, wed he assumed it would be don, after the wrought. Coemcilmrasber Fersino questioned whether or not that number of trees could 4e put in that small an area. 165 9/6/77 George Sipel, City Manager, said an alternative amendment would be to ask the Planning Department to develop a plan for that particular area. In that way it could be learned how many trees would go in the area. Councilmember };enderson said he would be willing to so phrase his amendment. Councilmember Eyerly commented that the idea of the trees was good but he thought it was a little early to draw up a plan unless Council was ready "to go all out." It was not yet known how that land would be developed. He would vote against it because he did not want staff to waste time on a plan until the project was further along. AMENDMENT PASSED: The amendment that staff be directed to prepare a general landscaping plan for the 3.5 acre -parcel which would result in adding a number of trees to the area passed on the following vote: AYES: Brenner, Carey, Clay, Fazzino, Pletcher, Henderson, Wi Witherspoon NOES: Eyerly ABSENT: Sher AMENDMENT: Vice Mayor Brenner moved, seconded by Eyerly, that as a condition of approval of the project, that Stanford University agree in writing it will net close any portion of Arboretum Drive between Palm Drive end 200 yards southerly of Quarry Road unless Palo Alto closes the part of Arboretum within Palo Alto's juried!ction between Quarry and Sand Hill Roads. Vice Mayor Brenner explained that the part of Arboretum Drive that passed through the Shopping Center was dedicated public road, along with that portion from Quarry to Palm Drive:, and from there on it was private road. That portion of road paralleled Airaa and carried the same kind of traffic. Her motion was to preclude the possibility that, after all the improvements were in, that private portion would be closed, for it would throw extra traffic onto Willow and out coward Alma. If such closing were not anticipated Stanford would agree to it easily. She wanted to preserve access to Stanford Medical Center. Councilmember Carey said he would vote against the motion since he did not feel he had had sufficient time to think about it. AMENDMENT PASSED: The amendment passed on the following vote: AYES: Brenner, Clay, Eyerly, Fazzino, Fletcher, Henderson NOES: Carey, Witherspoon ABSENT: Sher Councilmember Fletcher said she thought the Willow Road extension would alleviate any traffic problems. She said she thought the magnitude of the project calling for four lanes extending from El Canino to Santa Cruz and costing $7 million "is far from justified." The EIR said intersections at both ands acted as constraints, and that would not change with four lanes. There would be a total of eight intersections with traffic lights in the project area, which sight disappoint many wbo thought traffic was going to flow freely. She thought a two-lane road vitb adequate turning lases would move traffic about as fast, and at less cost. She wondered if one huts saved (in traffic) was worth X million dollars. Vast amounts of money spent on motor traffic should be spent on developing alternatives to the automobile; that money @pent on bicycle traffic would bring untold environmental benefits, such as reduction of noise, sag end the like, or a vast van -pooling plan could be worked out. Development of the project to date had proceeded in Corrected See pg. 270 Corrected See pg. 270 166 9/6/77 accordance with past Council directives, and she vas therefore hesitant, at thr.t point, "to halt the, project." She reserved final judgment until. she had heard what the public had to say at the November 7 hearing. Costa, as in the case of rents at. Oak Creek Apartments, were becoming apparent so far as the surrounding area was concerned. AMENDMENT: Councilmember Fletcher waved, seconded by Henderson, that staff find ways to provide pedestrian access to'the Creekeide area. Councilmember Fletcher eaeid she thought the access could be at either end of the project, where bridges now crossed the creek. Councilmember Eyerly said there vas an intersection et the back of the shopping center on Sand Hill Expressway.. He asked if there vas to be s signal light. Receiving an affirmative reply he observed to Councilmember Fletcher that would provide access to the creek area. Counci er Fletcher said she vented to assure that * pedestrian could traverse the entire length of the creek. If that presented a problem she suggested that the City get a setback for green space along the creek. Council e*ber Carey said the City had already obtained that setback. He said that the area was private property, he did not think a public use provision could be imposed on it. City Attorney Booth confirmed that portions of the creek area belonged to Oak Creek Apartments and some to the Children's Eospital. John Breedlove, Stanford Univeraity, said that the point of access to and pathways along the creek had bean discussed some years ago and "there were some significant physical problems to what you're suggesting." He said it vas unfortunate that no provision for that kind of access had been made when the apartments an the children's hospital had been developed. Some people had toured the area at the time, there was not much room to put a walk. Further, he did not think it would be ap- propriate to have "...the public walk within m few feet of the hospital, which. eves at the time of the tour some years back, had created some disturbance." Stanford had thought there was merit in the ides some years back; some major problems had to be worked out. He thought that a bicycle path end pedestrian path that meandered back toward the creek a ways would solve the problem to the extent possible. Proposed recreational use aright be in conflict with the rights of this Oak Creek Apartment owners. There were concerns about crime with public access. AMENDOWIT WIC: Councitwmber Fletcher said she would withdraw the motion, but she retsinsd the provision that there be public access to the -acre parcel the City was acquiring. She said she wasted to explore the suggestion of one of the speakers regarding: that a proposal to roposal remove of the barriers on Alma street be put to a vote of the people. She asked Ptr. Sipea if that would be feasible. Mr. Sipel replied that though it was feasible it was not a very good idea --in his view of government he did not think those kinds of things should be put to the people and be thought it was the Council's responsi- bility since they were the reapresenntetires of the people elected to make those kinds of decisions. Vice Mayor Brenner responded to the statement that had been made that two separate Councils had two separate philosophies. She thought that they had the same philosophy in voting for the Willow Road improvements. She t ougia t that ± t would give access to the shopping center. but she ears worried shout a xteeodi g a four - lane toed beyond Arboreetuet to El Camino Real. Staff reports showed that the mev Willow Road would produce s peat lacrosse is traffic right opposite the mouth of Alma. 167 9/6/77 How long would the state or the City be able to justify traffic barriers there which would mean traffic jaws and inevitable accidents. Would a double-barreled Widow Road be an interface for through traffic to Hamilton and University Avenues, as the route to the new Dumbarton Bridge? It still lacked the link to Willow and Dumbarton. The best way to get from Willow to Dumbarton was to tura onto Hamilton Avenue off University and continue through residential Hamilton to Center Avenue or to the Newell Street Bridge, with its narrowness, snd then through narrow residential streets. Were the merchants echo leased from Stanford prepared to have the mew assessments passed along to them? She rained the question of cost: .had the fact of the assessment district ending at the Santa Clara County line been fully considered, since much of the project's effects extended well into San Mateo County. She thought that improving Willow Road would have a negative impact on quiet, residential Palo Alto. She fsvored allowing the people of Palo Alto full knowledge of and participation in resolving problems on residential streets before approving this fragment of an expressway. MAIN MOTION AS AMENDED PASSES: The main motion, that Council approve the resolution passing the engineer's report and fixing time and place of a public hearing thereon; the resolution for preliminary approval of the engineer's report; the resolution describing proposed bounderies of assessment district; the resolution appointing time and place for hearing protests in relation to proposed acquisitions and improvements; the resolution of intent to vacate future residual street righte-o! vay aIaag Willow Road (Sand Hill Road); and the resolution providing for notice of intention to adopt a resolution of necessity to initiator eminent domain proceedings, and as amez:ded, passed on the following vote: AYES: Carey, Clay, Eyerly, Pazzino, Fletcher, Henderson, Witherspoon NOES: Brenner ABSENT: Sher CANCELLATION OP SEPTEMBER 12 COUNCIL MEETING Vice Mayor Brenner said that staff proposed that the City Coumcit wetting for September 12 be cancelled due to light agenda. Councilmember Fezriao expressed concern that Council Mould have too such work to do on September 19. Council bad skipped a number of meetings dean wound up staying until 1 a.m. when they did wet kecauw they bsd so much work to do. Ma asked City der Sipel if the agenda would be extra large on September 19. Mr. Sipe). reeplf.eed that Council would not be any busier than they had been that present evening. MOTIUN: Council err Carey moved, seconded by Pazaino, that the City Council acting for September 12 be cancelled. The notion paused on a unanimous vote, Mayor Sher absent. I�I OF�.1. :M .�1i��iR1fyyii.1y1y. �.I/ ��I!�]�.�y1y���/I■ MOTION: Courtcitaeebsr Fletcher moved, seconded by Fassino, that the matter of the Foothills Fire Hansard be continued to Sept .:esaab 19, when it would be considered) under Unfinished Business. The motion passed on a unanimous vote. 166 91017 Corrected See pg. 270 REQUEST OF COUNCIi. tBERS • W1fl1ERSPOON L EYERLY, FLETCHErAgB BUNNER R . UENCY OF STREET SWEEPING MOTION: Councilmember Fletcher moved, seconded by matter of streetcweeping be continued to September under Unfinished Business. The motion passed on a Sher absent. Fazzino, that the 19, to be considered unanimous vote, Mayor ADJOURNMENT IN MEMORY OF M. CRRISTI,AA ZWENG MOTION: Councilmember Fazzino moved, seconded by Brenner, that Council adjourn that evening in honor of the memory of H. Christian Ewing, who had been a Counctlmember for Palo Alto from 1959 to 1965, performing such duties along with his work as en opthalaologiet. The motion passed on a unanimous vote, Mayor Sher absent. Council adjourned at 1:00 a.m. ATTEST; ffif // 2 Mayor City Clerk / 1 t 9 916117 APPROVE: