HomeMy WebLinkAbout1977-09-19 City Council Summary Minutes1
CITY
COUHCIL
MINUTEs
CITY
Or,
PALO
ALTO
Regular Meeting
September 19, 1977
ITEM PAGE
Minutes of August 22, 1977 1 7 2
Otal Communications 1 7 2
Consent Calendar - Referral Items 1 7 3
Recovery of Precious Materials from Sewage
Sludge Incinerator Ash (Referral to Finance
and Public Works Committee)
Consent Calendar - Action Its
Security Sew ices
Vehicle Maintenance Reporting System
Project Mobility: Award of Contract
Proposed Amendment to Agreement 2876 - Sewage
Transportation, Treatment and Disposal, Loa
Altos Hills
2425 Embarcadero Way: Approval of Application
of Jon R. and Robert J. Porroton for Change
of District From L -M --D To P -C
805-815 La Para Avenue: Denial of Appeal of
Utilise Cebullar from the Decision of the
Director of Planning Denying a Preliminary
Parcel Map
3000 Page Mill Road: Approval of. Applicmtion.
of Niles R. Moseley for Site and Design District
Approval
Amend Piggyback Contract With County Housing
Authority
Golf Course Improvement Project; Budget Ordinance
for Rmbarcadero Road Bicycle Path
1 7 3
1 7 3
1 7 3
1 7 3
1 7 4
1 7 4
1 7 4
1 7 4
1 7 4
174
1 7 5
Flood Basin Mitigation Project: Review of Rids 1 7 5
Associated Bay Area Governments ( G) --Metropolitan
Transit Corporation CMTC) Santa Clara Valley Corridor
Evaluation: Phasae. IV "Balanced Estimate" Development
Forecasts
1 7 5
Policy and Procedures Committee Reeds to Council Re
Solar Energy Installations 1 7 6
1 7 0
9/19/77
ITEM (Continued) PAGE
300 Hamilton Avenue: Approval of Appeal of Clark, Stromquist,
and Sandstrom from the Decision of the Zoning Administrator
Exchange of Property Between City and County for Grant -Ash
Mini Park
Speed Surveys
Request of Councila a bens Eyerly and Carey re Foothills
Fire Hazard
Request of Council hers Witherspoon, Eyerly, Fletcher
and Brenner Re Frequency of Street Sweeping
Request of Couacilmembers Fazzino and Witherspoon Re
Public Information Referrals
178
186
1 8 8
191
1 91
192
Request of Council er Fazzino re Disposal of City
Records 1 9 2
Request of Councilmember Fazzino ra Picture Gallery
of Mayors
Cancellation of Council Meeting of September 26, 1977
Adjournment
171
9/19/77
1 9 2
1 9 3
1 9 3
Regulsr Meeting
September 19, 1977
The City Council of the City of Palo Alto met on this date at 7:30 p.m.
in a regular meeting with Mayor Sher presiding.
PRESENT: Brenner, Carey, Clay, Fazzino, Fletcher, Henderson,
Sher, Witherspoon
ABSENT: Eyerly
MINUTES OF AUGUST 22 , 1977
Councilmember Fazzino asked that in the fifth paragraph, page 123, next -
to -last -line should read "...to apprise the City of its financial situation
from time to time, or would the City need to take the initiative and
develop a system for keeping itself informed."
Cruncila r Henderson asked that the last sentence in paragraph in the
7th paragraph on page 140 read, "If the operator of the Paris Theater
did indeed have to move by September 1, we might not have to move in
this direction, such location being within twenty --five feet of the
Massage Center and thus illegal under the City's adult enterprise ordinance.
Vice Mayor Brenner asked that on the index of the minutes the item
on page 219 be herded: -"848 San Jude; Approval of Denial of appeal re
Preliminary Parcel Map; Application of Randolph Stanley." She pointed
out that on page 121 the action concerning that item should read, "...(Council
voted) to uphold the decision of the Planning Commission and deny,
(rather than approve) the appeal of Randolph Stanley. . . ."
MOTION: Councilmember Henderson moved, seconded by Fazzino, that Council
approve the minuteu of August 22, 1977, as corrected. The motion passed
on a unanimous ,rote, Council a ber Eyerly absent.
ORAL COMMUNICATIONS
1. Joe Carleton, 2350 Ross Road, spoke of the Willow Road Improvement
project as "...a total waste...of $6.8 million."
The purpose of improving traffic flow on Willow Road would not be
fulfilled; instead, only the "...nw her of lanes between two bottlenecks,"
old be increased. Be said he had observed the traffic back-up
the previous week, and stated that to approve the four -lame construction
apart frost the condition such a construction would cause was "piecemealing,"
a practice which was illegal in relation to drawing up Environmental
ilspect Reports (EIR). He said that the draft EIR had many incon-
sistencies, and be read passages to illustrate his statement. He
said it vas not too late for Council to dismiss the project, and he
urged that it he dog.
2. E.F.McLsnney, 304 Oxford Avenue, asked how the City Manager could
be granted six moths off with pay --be asoulled it was written into
the contract. Re said such leave would'be the wish ofc"annone'in
the country."
Mayor Sher replied that the City Manager served at the pleasure of the
City Council and had no contract. Council had yet to act on the City
Manager's request.
3. R. J. itsrkhardt, 1700 Guinda Street, said he was bothsred by the
"plight" of the animals and birds in PaI.o Alto's "so-called zoos."
Re felt the Junior Museum would be bettor off with stuffed animals.
Re felt sorry for the birds trying to fly in the very limited space
and he tbougGt they should be rehabilitated and restored to nature.
172
9/19/17
CONSENT CALENDAR
Referral Items
Mayor Sher explained that the Consent Calendar had the effect of grouping
items wb,ichrrequired passage by Council, and whicb were largely consensual,
but that if any Councilcember wished to have further discussion on any item
it was possible to remove it so that it could be discussed later in the
meeting.
Councilmember Witherspoon asked that Item 3, regarding exchange of property
between the City and County for the Grant -Ash Mini Park south of California
Avenue which had first been budgeted in the Capital Improvement Program of
1973-74. It had been proposed to exchange the City parcel at the corner of
Grant and Ash for the county parcel at the same corner. Staff recommended that
Council find the exchange of land to have no significant environmental
impact, and that staff be authorized to proceed with the exchange in spite
of the fact that the City parcel could be said to have about $15,000 more
value than the county parcel it was to be exchanged for.
The following items remained on the Consent Calendar:
RECOVERY OF PRECIOUS MATERIALS FROM
SEWAGE SLUDGE INCINERATOR ASH
Referral to Finance and Public Works Committee) (CMR: 451: 7)
The staff report stated that last March the City discovered that the fly ash
created by the incineration of sewage sludge at Palo Alto's Water Quality
Control Plan contains precious metals, in particular gold and silver. Some
time later a firm called World Resources Company met to discuss with staff an
on -site recovery facility, and staff found reasons why it eight ultiaatsly
recommend such a site. Staff will eubmit the reasons, and alternatives, to
the Finance and Public Works Committee. If all goes as planned a contract
may be signed which could be worth as much as $50,000 to $100,00 to offset
part of the cost of operating the treatuent plant facility, and the City will
be an integral part of a venture into precious metal recovery from material
that once was considered a nuisance and a disposal problems.
Ac t ion Items
SECURITY SERVICES(CHR:403:7)
The staff report indicated that contract services for uniformed security
guards have been utilized at the Municipal Service Center since 1966.
Staff recommends that the Mayor be authorised to execute * one --year
contract with Globe Protection. Globe Protection meets the City's
minority employment program standards.
AGRE T--SEcITY ATTENDANT SERVICES
Globe Protection, Inc.
VEHICLE MAIN1`1UANC'.'E REPORTING SYSTEM (0:410:7)
The proposed system, provided by Mainstay', Inc., provides an analytic
computer programs for a Vehicle Maintenance Reporting System. It replaces,
a manual reporting system for recording operating costs, usage, and the
like, for the City's 317 vehicles. The expenditure for the service is
less than one percent of the City's investment in vehicles and equipment.
Staff recommends approval of en amendment to the present contract for
one more year, end that the Mayor be authorised to execute the contract.
AMENDMENT NO. 2 TO AGREEMENT 11O. 3687 - VEHICLE Ma TEMA$CE
INFORMATION AND REPORTING SERVICES - Mainsteu, Inc.
173
9/19/77
PROJECT MOBILITY: AWARD OF CONTRACT (CMR:442:7)
Project Mobility provides taxicab rides for handicapped resident° of
Palo Alto over age 18, on a contract basis with Yellow Cab Company.
Staff recommends that the Council authorize the Mayor to execute
the contract for fiscal year 1977-78.
AGREEMENT --PROJECT MOBILITY
PROPOS D AMENDMENT TO AGREEMENT 2876
SEW, ,GE TRANSPORTATION TREATMENT
HILLS
From time to time Los Altos Hills has found it necessary to
secure additional points of connection to the Palo Alto trunk
sewer lines. However, these can only be secured by written
amendment to the basic sewage disposal treatment between Palo Alto
and Los Altos Hills. Staff recommends that Council find the
additional connection to have rio significant environmental impact,
and authorize the Mayor to execute the amendment on behalf of the City.
AMENDMENT NO. 5 TO AGREEMENT FOR
SEWAGE TRANSPORTATION, TREATMENT
AND DISPOSAL OF THE TOWN OF LOS ALTOS HILLS.
2425 EMSARCADERO WAY: APPROVAL
OF .APPLICATION OF
JON
R,
AND
ROBERT J. PERROTON FOR CHANGE OF
DISTRICT FROM L -M -D TO -C
The Planning Commission unanimously recommends approval of the
application of Jon R. and Robert J. Perroton for a change of
district of property located at 2425 Embarcadero Way from
L -M -D to P -C, and passage of the following ordinance for first
reading.
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 18.08.040 OF
THE ?ALO ALTO MUNICIPAL CODE TO CHANGE THE
ZONING CLASSIFICATION OF CERTAIN PROPERTY
COMMONLY KNOWN AS 2425 EMBARCADERO WAY
FROM L -M -D TO P. C (Planned Community)
805-815 LA PARA AVENUE: DENIAL
i0
A ir PAiCEL 'HAP
The Planning Commission unanimously recommends denial of the appeal
of William Cebulla from the decision of the Director of Planning to.
delay a preliminary parcel nap located at 805-815 La Para Avenue.
41. PAGB MILL ROAD: APPROVAL
AP?LICATION OF . ELEY
FOR SITE alb bserim rasTarcrIPPEvAL
The Planning Commission unanimously recommends approval of the
application of Niles R. Mes4ley for Site and Design District
approval for property located at 3000 Page Mill Road.
AMEND PIGGYSACX CONTRACT WITH
COUNTY BiRYSIWG AVT I"i'? trki:455:7)
Staff recommends that Council approve the request of the Palo Alto
Housing Corporation to ,end the piggyback contract with the
Mousing Authority of Santa Clara County to permit $4,740 in
1 7 4
91*9177
additional finds to be added to the program so that the leases between
the Housing Authority and the owners of seven condominium units at
Greenhouse T can be extended for one year; and that the Council direct
the City Attorney to prepare the necessary amendment to the piggyback
contract and authorize the Mayor to sign the'ameadmcnt.
CALF C0U SE 4PRoyEw
]itAI2iAII I�$ AiiCADER0
MITTITIVETpATH
Staff recommends adoption of the budget 'atendMent ordinance iudreasing . .
the Golf Course improvement project appropriation by $15,000 for the
construction of a bicycle path.
ORDINANCE 3019 entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF FALO ALTO AMENDING
TUE BUDGET FOR THE FISCAL YEAR 1977.78
TO ESTABLISH AN APPROPRIATION TO CONSTRUCT .
A BICYCLE PATS FOR INCLUSION IN THE GOLF COURSE PROJECT."
FLOOD BASIN MITIGATION PRO :.
The staff report summarizes the events leading up to the approval of
the project and recommends rejection of the lov bid because it significantly
exceeds the Engineer's Estimate. Staff cannot in good faith recommend
award of this contract because of the cost override, Upon Council's
action to reject all bids on this project staff will liineoediately pursue..
the design of the alternate structure and rebid this Project as soda as
possible.
MOTION: Councilmember Fazzino moved, seconded by Witherspoon, approval of
the Consent Calendar. The motion passed ou a unanimous vote, Counci1zenber
Eyerly absent.
I.ATiD BAY AREA GOVERNMENTS ABAG
CKR:4 3:7)
Mayor Sher said that Napbtali Knox, Director of Planning and Community
Environment, had told him that the corridor evaluation had been age'udiaed
at the request of ors of the Joint Policy Committee (JPC) of A -
M . Nona of the committee hers had been able to attend that evening's
meeting. The proposed Phase IV "Balanced Estimate" had been rejected by
several cities of ABAG-MTTr, including Saratoga, Milpitas and San Jose.
That meant that the JPC would not try to have only one land use alternative
reviewed in connection with the Santa Clara Valley Corridor Evaluation,
and instead two alternatives, already endorsed by the Council, would be
reviewed. Mayor Sher pointed out that since Council had already approved
those two alternatives, action that evening by Council would be without
meaning. EndorLe*ent of the single land use .would not take place.
Mayor Sher said that since no significant action wet going to take place
he would move to table tbee item. Be did not mean to cut off debate,
which a notion to table did, but be did not nee the need to discuss the
item at this time.
NlOTI02N: Mayor Sher moved, seconded by Clay, that the matter of the
ASAO-MTC Santa Clara Valley Corridor Evaluation ha tabled. Ma motion
passed on a unanimous vote, Councilmember Bysrly absent.
175
9/19/77
Councilmember Witherspoon asked for clarification of the following
sentence from the report: "...to satisfy Federal Urban Mass Transportation
Administration (UMTA) funding requirements, all cities in the County
must ultimately agree on a dingle lend use plan."
Mr. Knox replied that the ultimate goal of the ABAG-MTC corridor evaluations
was to provide a single land use and transportation plea for the County,
which meld be adopted by the cities, the county, and AEA.,-MTC. That
plan wax .to become the basis for funding all mass transit and other
transportations improvements in the County,
POLICY AND P ICEfitTRES COMMITTEE RECOMMENDS
Vice Mayor Brenner, on behalf of the Policy and Procedures Committee,
MOTION: Vice Mayor Brenner, on behalf of the Policy and Procedures
Committee, introduced the following recommendations by the Committee and
moved their adoption by Council: 1) that the Council affirm that it is
the City's policy to encourage the thoughtful, effective, esthetic
installation of solar energy panels; and 2) that Council ask the Architectural
Review Board (Alm) to develop guidelines for solar installations which
would be renewed by both the Planning Commission and the Plnnuing staff
within six to twelve moths, and that those guidelines be returned to
the Policy and Procedures Committee for further study and review.
Vice Mayor Brenner explained that originally it had been the intention Corrected
to bring applications for solar heat installations under -the purview of See pg.
the ARB. That had been the conclusion of the Committee. She, herself, 272
thought the review of single-family home installations had been omitted
from the ordinance requiring such review by the Council at that time,
following careful consideration, and granting the least governmental
consideration possible in respect to dingle homes, thereby giving the
most freedom to exercise individual tastes and tp encourage diversity.
Problems of light and glare could be included for the present in guidelines.
The Federal Government was not encouraging development of wind or solar
energy to the same extent they encouraged development of other kinds of
energy sources --she wanted the City of Palo Alto to encourage local
technological experts to develop their owu solar systems.
John Northwav of the Architectural Review Board agreed that it was wiae
to permit individuals to design their oven systems for single family
lases. Be suggested that it would be desirable to include the Architectural
Review aboard in the development of guidelines for owners of single
family homes, so that they would be easy to understand and would encourage
simplicity of approach. Most applications for new buildings did not
offer the problems that arose with retrofit. Hardware mss not a problem,
but mounting the panels game difficulties so far as esthetics were
concerned.
Another reason that the ARB would like to review individual hose installations
would be to be able to gather information perhaps for six months to e
year, and in that way increase its ability to advise others effectively.
It vas oot known, be repeated, just what the problems of retrofitting
night be. Re Mentioned the possible offensiveness of solar energy installations
as opposed to the real visual offense of automobiles being perked all
over, saying that advance consideration of the problems raised by the
automobile might have helped avoid many problems. He placed ;overhead
wirer in that same category they too had been run in hastily, without
consideration to esthetics, on the rationale that guidelines should not
be put on an infant iedurtry that would benefit tbs people.
Mayor Sher reviewed that the motion of the Committee had been to ask the
Architectural Review Board to develop the guidelines and then to have
those guidelines revises, by the Plionnine Commission end staff, with it
all to be done within a six- to twelve-month period. Dial Ur. Northing
went something to be done in the interim? 1 7 6
9/19/77
Mr. Northway said he wanted the Committee to reconsider the agreement to
give the ABLB the review policy over solar retrofit on single family
dwellings, with that to be a part of the ARB's procedure in developing
those guidelines.
Anne Steinberg, Chairperson of the Planning Commission, said that the
Planning Commission had not discussed the natter folly. Commissioner
Carpenter had raised the possibility of ARB review of solar retrofit for
individual family homes, and he had thought it was appropriate for the
ABR to undertake that review, though he thought it would licit solar
installations. She said that the Planning Commission was going to be
very busy with the zoning ordinances and shoe would 'tike to see Planning
Commission review undertaken in the context of the zoning ordinances.
The Planning Commission would be reluctant to consider the subject, for
it night involve many public hearings.
AMENDMENT: Councilmembeer F1ete:her sieved, seconded by Martino, that
the City Council ask the City Attorney to prepare an amendment to the
ARB ordinance providing for review of solar energy installations in
single family residences
Mayor Sher asked if Couneilis ber Fletcher meant that to be a permanent
power of the ARB. or a power to last only until the guidelines had been
drawn up and had gone into effect.
Couuci1nzember Fletcher said that she thought an orditnce could be
repealed or modified if it became desirable or necessary.
Mayor Sher said that Mr. Northway had suggested that only interim review
would be necessary for data -gathering toward development of sound guidelines.
Council fiber Fletcher said she thought the review might become so
popular the subsequent withdrawal of a time limit might be an impediment,
Vice Mayor Brenner asked of included in the motion vas a suggestion that
the ordinance be returned to Council --she was very reluctant to mete an
ordinance that included single-family hoes. The height of various
individual hone artifacts, such as clothesline and television antennas,
were matters of concern, and also objects which might be reflected by
windows and the like --but she did not want to classify as energy -saving
device, such as solar installation, in that category. Many individual
home owners wanted to invent and experiment and night be constrained
from such activity if they thought they had to have blueprints end okays
and approvals.
Council Aber Pletcher answered that the minutes of the Policy and
Procedures Committee indicated than the ARS said they were trilling to
meet in the evening for the kind of review needed for amateur building,
and she thought it rasa likely the builders wcuid welcome expect evaluation
and advice. She said she, herself, had attended some ABB meetings and
she found them flexible and open, not the kind that would inhibit the
kind of installation individual home owners might devise and plan. She
pointed out that if some of the installations that were planned and
constr ted were unattractive they would discourage neighbors from
installing solar. If they were attractive they would function as en
incentive.
Councilaember Clay said aelar installations posed a potential problemee
he had a difficult time deciding between pleasing and objectionable
esthetics when utility was the object. Guidelines would be very useful
to both the AB.B and the applicants. He did not vent to delay any move
toward energy saving, and be supported the motion.
1 77
9/19/77
Counciliember Henderson said he assumed the question would be divided
into its various parts. When the proposal came to Council to amend the
Municipal Code, so that the ARB would review solar inatallatians,he was
not inclined to support it. He listed other non -pleasing items such as
antennas and parked cars, saying that solar installations could also be
esthetically objectionable. He was reluctant to single them out, however,
for ABB, or other, approval. Perhaps some general guidelines had to be
developed that would protect neighborhoods from negative growth impact
yet broad enough to allow individual taste and creativity. He would not
support the motion to the extent of the restrictive governmental reviews
asked for in the motion. He wanted to wait awhile to see if any drastic
problems did arise with solar installations before asking for such
governmental review.
Councilmember Witherspoon said she did not see haw solar review tied
in with zoning discussion. The idea of the motion had been that the ABB
would do the review, and if the Planning Commission wanted to participate
in drawing up the guidelines the Policy and Procedures Committee would
be happy to have them do so. She pointed out that guidelines possibly
could be more prohibitive than review by the ARB, and it was better, in
her opinion, to have the ABB interpret the guidelines rather than the
Building inspector. She thought solar retrofitting was not classifiable
with other annoyances such as antennas, yet such installations should
not be permitted to offend neighbors in single-family neighborhoods
anymore than signs should offend passersby in commercial areas. She
thought the guidelines could be helpful rather than restrictive, and
give flexibility along with the assurance that neighbors would not be
bothered.
AM1NDMENT FAILED: The amendment that the City Council ask the City
Attorney to prepare an amendment to the ARB ordinance providing for
review of solar energy installations in single-family residences failed
on the following vote:
AYES: Fletcher, Fazzino, Witherspoon
NOES: Brenner, Carey, Clay, Henderson, Sher
ABSENT: Eyerly
MAIN MOTION PASSED: The main notion, that Council affirm that it is the
City's policy to encourage the thoughtful, effective, esthetic installation
of solar energy panels and that Council ask the Architectural Review
Board (ARB) to develop guidelines for solar installations which would be
reviewed by both the Planning Commission and the Planning staff within
six to twelve months, and that those guidelines be returned to the
Policy and Procedures Committee for further study and review, passed on
a unanimous vote, Counciiaember Eyerly absent.
Mayor Sher pointed out that a letter of September 19, 1977, from Mr. Clerk
asked that the latter be heard when a full Council was present for they
felt it was a very important matter. Since Coenciime ber Eyerly was not
present Council should first decide if they wanted to address the matter
that evening, and if so, then to hear a presentation from the Planning
Commission. He said that Council wanted to honor such requests, but
there was rarely a guarantee that all Council bers could be present an
any specified date.
17.8
9/19/77
MOTION: Councilmember Fazzino moved, seconded by Witherspoon, that the
matter be continued for one month, to October 17, 1977.
Councilmember Fazzino said he thought that there could be a 4-4 vote on
the matter that evening, and so he favored continuance.
AMENDMENT: Councilmember Clay moved that the matter be continued to the
next meeting, which was to be the first Monday in October.
Mayor Sher explained that the League of California Cities was going to
meet on the following Monday, September 26.
Councilmember Fazzino said that he would incorporate Councilmember Clay's
amendment into his motion.
Councilmember Carey confirmed for himself that if a tie vote took place
in relation to the appeal on the decision of the Zoning Administrator it
would be equivalent to a denial. He thought action taken on a tie vote
wags negative action, end a majority vote should be the base for taking
action, although he acknowledged that such procedural rules in this caee
denied, would ensue from a tie vote, and he favored continuance.
Corrected
See pg.
272
Councilmember Henderson recalled a situation when ha was Councilmeeber
in 1971 in which, owing to his absence, a matter which was significant
to him had gone contrary to his wishes. He felt attendance at Council
meetings was not predictable. He hypothesized how the matter could go
in the case of a tie rots:, saying that if a tie vote occurred the motion
to continue could be made.
In response to a question from Mayor Sher, City Attorney Booth atated
that the Municipal Code would permit continuing discussion on a tie -vote
issue.
Cour ci lmember Fletcher said that there was time on the agenda before
them to discuss the appeal, and it could not be known if that would be
the case on October 3. What would happen if there were an absence at
that meeting --would the matter be continued again?
Councilmember Fazzino asked if there was a precedent for Council contiauing
items not already discussed at the Council level.
Mayor Sher said his experience erienxce had been that applicant's wishes were
accommodated wben possible. He could recall no specific precedent.
Vice Mayor Brenner acid that during the time she served on the pt qn+4 g
Commiesdon it had sometimes become very awkward to have items which were
continued take up ae.imost all the time that had been scheduled for the
agenda itself, and that sometime( those requests for continuance were
not well or thoroughly reasoned.
Mayor Sher asked if the applicant would 1 ike to address the Council on
the subject of the request for continuance.
Walter Stro quist, of Clark, Stromquist 4 Sandstroa, said that he thought
the request had perhaps been too candid, and that it might bays worked
to the fire's advantage to have Raid they were not ready via their
presentation, however, they did want to be entirely honest end the
request was to avoid the possibility of a split cots.
Mayor Sher acknowledged that the possibility of a tie vote vas always
present when there were an -even number of Councilmelbers present.
179
9/19/77
MOTION TO CONTINUE FAILED: The motion to continue the matter to October 3
failed on the following tie vote:
A h S : Carey, Clay, Fazzino, Witherspoon
NOES: Bremer, Fletcher, Henderson, Sher
ABSENT: Eyerly
Mayor Sher said that the utter regarding 300 Ha lton Avenue was now
before Council. He asked Anne Steinberg, Chairperson of the Planning
Commission, to speak.
Ms. Steinberg said that the Planning Commission, on a 4-3 vote, recommended
that the variance be granted due to exceptional circumstances: that is, the
existing building was already higher than 50 feet. To propose an addition
of equal height was within the provision of the ordinance, and also
there vas enough additional space, now in the form of a parking lot, to
permit the expansion within the height limit. However, the Commission
found ft to be not in the interest of the public not to use the parking
lot for the addition. The Commission recommendation includes a condition
that a covenant or restriction be applied to maintain the parking lot in
perpetuity. The minority on the Commission were opposed to the exception
to the 50 -foot height limit; they objected to the huge box that the
design would result in, and in such close proximity to the City Hall,
which had been designed es the central feature of the district. Also a
concern was the lack of parking in the downtown area for an additional
110 employees.
Councilmember Fazzin.o asked how viable the optecan was for the builder to
build on the parking lot itself; what would happen in the future if
Council disapproved the project?
Ma. Steinberg said the applicant had not responded to that question. The
cospany had enough land to accommodate the type of addition proposed.
Obviously they preferred the higher building.
Couz cilmember Faz :in.o confirmed that Northern California was not required
to provide the necessary parking.
Maeyor Sher asked *bout the condition requiring that the parking lot be
preserved in perpetuity --wan the space now existing between the building
and the parking lot included in that condition? Would it be possible
for building to take piece in that space of approximately 40 feet?
Ms. Steinberg replied that only the parkin lot was required to be
maintained in perpetuity, and that building could occur in the space
Mayor Sher referred to.
Walter Stromquist submitted plena to Councilaoembers of two alternatives
showing the concerns of the teeters in trying to improve an the plan
which the Planning Commission had found objectionable. He said that
either alternative was, in his opinion, a possible detriment to the
City. Be projected transparencies showing what could be done under the
proposed plan under the variance, and described some physical conditions
which evade them visuelly less phasing than the plan which they were
appealing. One plan proposed building two stories above the parking
lot, and also a basement, which would give 30,000 square feat. He
emphasised that a peculiar condition with Northern California which did
ant prevail vitb frontages around Ci y Hall was that the 50 -foot high
building had been built before the ordinance limiting building heights,
and therefore was the only building which could hope to obtain the
variance on the 50 -foot height, and therefore it would not set a precedent.
Ne felt the denied plan ems the best solution.
1 S 0
9/19/77
�. c.;
Robert Moss, 4010 0rme, asked if building over the parking lot would be
precluded by adoption of one of the other plans --he had understood that
only the parkic.g lot was to be kept in perpetuity.
Naphtali Knox, Director of planning and Community Development, said he
thought that the parking lot requirement would perhaps be better worded
to require that ell of the space that was now open east of the existing
building be maintained. In that wary the small parklike sitting area
contiguous to the street could be maintained,
Mfr. Moss said that contrary to the Comprehensive Plan goals, the proposed
addition would increase tref f is and parking needs, along with presenting
a somewhat cbjectionable appearance. Re asked why the architects had
offered such a blank -wall appearance in their design. He urged that
Council think about the parking problem before approving the variance.
Bob .Sonar, Northern California Savings & Loan, 300 Hamilton, said his
company had been in Palo Alto since 1892. He said that about fifty of
Northern California's employees were in other buildings in town, and
they wanted to centralize all their activities under their own roof.
The company carried about $130 million invested in loans to Palo Alto
residents, along with 22,000 savings accounts, in a sass acm of $132 million.
Of the 5000 savings and loans in the United States, he said, Northern
California was 34th. They preferred to stay in Palo Alto where they had
had their beginning. The company had subsidized their employees for
parking in City Hall when the City had requested their help, because the
3 -level garage was so empty. He asked that the request for the variance
be granted. He had solicited opinion from those wham the variance would
concern, and he had had 100 percent favorable response.
Councilmember Henderson said he thought there must be other alteratives
to those presented.
Mr. Stromquist said Northern California had the right to build up to the
property line, and in that case the building could not have any openings
because it was too close to the property line. If the necessary 10 -foot
setback to permit windows were taken there would be a loss of space.
Northern California had agreed to limit construction in the parking lot
if the variance was granted. They might not have agreed to that if the
variance were not granted.
Councilmember Henderson asked about how many parking spaces would be
available if a building were put on the parking lot.
Mr. Stromquist said be would guess about 25 more spaces could be put in.
Councilaaea ber Pazzino observed that the building wan only one and cn e-
balf stories high on the southeast part of the building proposed. He
mil how much space was lost by tbet design.
Mr. Stroeaquist replied that about 2000 square feet were lost on each
floor, a total of 10,000 square feet.
Councilmeaeber Carey asked if in drawing up the proposed addition any
consideration had been given to having the shorter portion face Bryant
Street.
Mr. Stromquist replied that they had not because they bad thought the
windows would have a better exposure; in the preeent proposed situation.
Be said it was a possibility that could be studied.
Councilmember Carey affirmed that a drive will lead to a drive-in entrance
off Bryant, and the total height of the addition would be 69 feet to the
east and about 76 feet to the gable of the existing building.
181
9/19/77
{ t
Vice Mayor Brenner asked if the proposed building had sealed windows and
air circulating through air conditioning.
1
Corrected
See pg. 272
i
Mr. Stromquist replied that was probably true ---the problem was that
fresh air was not certain but the heat gain from lights was certain. It
was a problem when space where there were windows was closed off due to
the need for privacy. The architects would like to get along without
air conditioning, but he thought there would be people who were unhappy
as a result; passive procedures for providing cooling had not yet been
proven. The likelihood of making use of such a system was greater with
the more spacious building.
Vice Mayor Brenner asked if all the windows were sealed --she said that
had been found to be a poor circumstance in City Mall.
Mr. Stromquist said they have made that decision...he thought there
were kinds of air conditioning systems that would wake that possible for
the beneficial health that they would provide."
Don Surath, 1930 Ivy Lane, said he had been a member of ;.he committee
which had chosen the consultants for the parking study. All consultants
spoke of the need to reduce long term parking downtown. He thought some
additional parking should be provided along with the construction of the
proposed five -story building. As a merchant he was concerned.
Counciimember Fletcher said that the proposed design created a "flat -
roofed, huge bulk of a building." She thought it would be leas bulky if
it were the same height as the existing building. She thought the building
would be more interesting if there were some variation in the roof --line.
She thought the threat of what could be done if the variance were not
granted would not be in the best interests of Northern California Savings.
She thought it was to Northern California Savings best interests to keep
Palo Alto low density rather than to try to put more in an area already
almost to the saturation point. She thought there were sites available
within Palo Alto so that Northern California would not have to move if
they did not so choose. The Bank of America had done so. She found the
parking situation disturbing, in that Northern California subsidized
their own employees to drive into Palo Alto, creating more parking and
traffic problems, along with noise and air pollution problems. She had
c.a1le! the Treasurer's office, which sold permits for the City Hall
garage, and they had been quite disturbed to learn that they might get
another 110 applications from one developer, and the Treasurer's office
had assured her it was quite out of the question for the available apace
was pretty much taken
MOTION: Cogncilrre ber Fletcher moved, seconded by Henderson, that
Council deny the application for the appeal, tbexeby upholding the
decision of the Zoning Administrator and reversing the Planning Commission's
recommendation to approve the appeal
Council. ber Carey asked if the land on which the proposed addition was
to have been built vas zoned C-2.
Mr. Knox replied that the land was zoned C -2-C, which was a Civic Centex
Zone —it was a cambieing district. There vas a setback requirement
along Bryant of six feet. One hundred percent coverage of the land vas
allowed in the C-2 zoning of the parking lot.
Counci31ember Carey calculated that there would be about 8200 square
feet per floor, totaling *bout 38,000 square feet.
Mr. Stroaquist said the square footage per floor was about 6400 with a
total of about 38,000 square feet.
182
9/19/77
Mr. Stromquist said the square footage per floor was about 6400 with a
total of about 38,000 square feet.
Councilmember Carey asked if there had been any computation of the
possible square footage that could be built on the parking lot C-2
property and the C -2-C property.
Mr. Stromquiet said that about 29,000 square feet could be built on the
C -2-C property, and, using the two-story span over the parking lot with
a basement added another 30,000 giving a total of 59,000 and would also
preserve the parking lot.
Councilmember Carey said he had reviewed the square footage because it
was a continuing problem with insufficient parking in downtown Palo Alto,
and it would continue unless the City condemned land that was not yet
yet built on, or limit what could be built upon land. He heard people
saying the variance should not be granted because the City had a problem
with insufficient parking --be was troubled by the fairness of that argument.
The applicant had helped pay for the Civic Center garage, which was
now filled, and in effect the 'variance should be denied because of that.
The applicant could ignore the variance request and within the zoning
regulations build almost 60,000 square feet, which would compound by tw
the parking problem. Be concluded that Council was faced with the dilemma
of the alternatives, for the applicant could apply for a permit to build
60,000 square feet, subject to ARB approval only. The parking problem
would persist whether or not the variance was granted. He viewed the
request as one of tradeoffs; the applicant was willing to keep a good
parking lot open. . . He asked if the applicant mould not have to go
through A. .
Mr. Knox said that the request would have to go through ARE. Council
was now considering the design only.
Councilmember Carey said the so-called problem of mass could be ameliorated
through adopting his suggestion of having the open deck of one story
face Bryant. In exchange for the applicant's bequest to go up an additional
20 feet the City would have 23,000 feet less potential building area,
resulting th potential growth by one-half. He felt that rather than
being contrary to Comprehensive Plaan goals, it fitted with them for it
reduced the amount of square footage that could be built.
He supported the Planning Commission's recommendation to approve the
appeal.
Couecilmember Henderson said he agreed that parking should not be a
factor in Council's decision. Re objected to the additional 20 feet in
might as ae 50 percent increase over the height limit, He sew no way of
guaranteeing in perpetuity that there would be no building over the
park.ing lot, for another Council could undo that easily. Expansion of
the present building made sense from the standpoint of the property
owner. He said he had been a strong advocate of establishing the 50 -
foot building might. A variance could be granted, according to the
municipal code, if there were exceptional circumstances applicable to
the property involved which did not apply to property in the sauce district.
He doubted that only Northern California would have expansion nerds. If
a precedent were set bov could Council deny further applications?
Corrected Another reason for granting a variance was preservation of the property
Sae P:6. rights of the applicant and prevention of an unreasonable property Lew.
272 The property owner could expand up to a 50 -foot limit or expand to the
lot on Hamilton and Gilman. The third circumstance for granting a
variance was that the project would not be detrimental to public welfare
or convenience. He thought that bad been made clear, for Palo Alto
voters had warted to stop construction of tall builds, and the 50' -foot
limit had been set in response to that wish. To set exceptions 'would be
to act contrary to the welfare of all. He rigid he sass the logic of the
property oar's plans, and wished they could be accommodated, but be
thought the height limit Bas appropriate and bs thought it should be
maintained.
183
9/19/17
E` to
Councilmember Witherspoon asked if the Planning Commission recommendation
was not before them. Mayor Sher said the motion before them was to
overrule the Planning Commission recommeadation.to approve the appeal.
Vice Mayor Brenner said she understood that parking was very essential
to the operation of a bank --she doubted that Northern California would
build on the parking lot and destroy what was in their own best interest.
She visualized the "wall" of the proposed structure and deplored its
appearance. She was coacecned that the discussion of an additional 110
employees had not been related to any discussion of housing needs, The
Comprehensive Plan spoke of the necessity of providing some -residential
space on or near the sari: site as the business, "...provide incentive"
had replaced the word "required," in that context. Program 6, on
page 18 of the Comprehensive Plan, gave those housing considerations. No
restrictions could guarantee the open space would be saved, yet the
building itself would be quite permanent. She thought it was inappropriate
to violate the 50 -foot height limit, and that the parking lot accrued to
the credit of the bank's image. She supported the motion to overrule
the Planning Commission recommendation.
Councilmember Fazzino asked City Attorney Booth if Council's possible
granting of a variance would have any effect on the City's Courthouse
Plaza case.
Mr. Booth said such Council action might not have a direct effect but he
was sure the plaintiff would point Council's action out to the court as
supportive toward his position in wauting to build a ten -story building.
He preferred not to discuss the matter on the record.
Councilmember Carey said the minutes of the meeting on Courthouse Plaza
contained a detailed account of hin own reasons for denial to Courthouse
Plaza, for there had been a substantial change of conditions from the
time of the original granting of the P -C, along with an exceptionally
long passage of time during which the applicant could heve built and did
not. He felt it could not be inferred from possible overruling of the
Planning Commission recommendation that the Courthouse Plaza's case was
justified. He thought the benefits to the City from granting the variance
were substantial.
Councilmember Clay said that Council had before it the issue of granting
a variance to a zoning restriction. At the time of adoption the restriction
had emotional and political appeal. However, such restrictions were
meant to be reasonable. In the care. before them, the exceptional circumstance
of granting a variance to the height limit gave the City a sore esthetically
pleasing and function! building. He had experienced having an inferior
building result from failure to grant a variance. He quoted from the
Polley and Procedures, Committee minutes, to the effect that Mr. Mitchell
had *aid be preferred finding the best rather than the legal solution,
to their needs. He did not foresee any reaction to the greeting of the
variance from Palo Altars. Council. not a vote of the people, had
created the 50 -foot height limit --while the height was not unreasonable
it would be unreasonable to give up open space and an esthetically
pleasiug parking lot. He supported the Planning Commission recommendation
and opposed the motion before Council.
Councilmember Feszioo supported the community decision for a height
limit. He felt extenuating circ tancee were needed to override that
decision, and b thought those circumstances had been raised at the
Planning Commission meeting. That meant Council had to decide if e
eecannd building was wanted in the parking lot. The layout of the proposed
building gave him some concern —perhaps the ARB could handle those
concerns if the variance were approved. He said he would support the
Planning C+oamoaiseioo recommendation.
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9/19/77
Councilmember Carey asked if if were not possible to maintain the parking
lot as open space by obtaining a scenic easement, and that would make it
more difficult to rescind.
Mr. Booth, said that as a mechanism it would be feasible, but it could
still be rescinded.
Mr. Knox, Director of Planning and Community Environment, said three
things could be dcne: 1) scenic easement; 2) a covenant or other condition
on the property between the City .and the property owner; 3) donation by
Northern California to the City of the air rights over the parking lot
area:
Mayor Sher said that the 5Q -foot height limit was the issue for him.
Palo Alto residents, he felt, wanted to keep the low --scale appearance
both downtowns and in the residential area, as reflected in the Comprehensive
Plan. The Courthouse Plaza case was an illustration of that policy.
While there were trade-offs he did not want to breach the understanding
on height limit. He would vote to uphold the decision of the Zoning
Administrator and reverse the action of the Planning Comaisaion.
MOTION FAILED: The motion to uphold the decision of the Zoning Administrator
and deny the Plashing Commission's recommendation to approve the appeal
failed on the €ol/owing tie vote:
AYES: Brenner, Fletcher, Henderson, Sher
NOES: Carey, Clay, Fazzino, Witherspoon
ABSENT: Eyerly
MOTION: Counti1 a her Clay moved, seconded by Witherspoon, that
the Planning Commission recommendation be continued to the next Council
Meet: g an October 3, 1977.
City Attorney Booth explained that the effect of not continuing the
matter would be uphold the Zoning Administrator's decision and deny the
variance.
Couvcilmember Carey asked if in other words, the motion to continue
failed the Planning Coasxrsiasion's recor dation would be reversed and
the Zoning Administrator's denial would be upheld.
City Attorney Booth said that was correct.
Counci member Carey said the motion to uphold the Zoning Administrator's
decision and to deny the Planning Commission's recemmendation had failed,
which to him meant that by implication the variance lead been approved.
Mr. Booth said that because of the structure of the system the Zoning
Administrator's decision could be appealed. The Planting Commission was
advisory only. The only decision that was "as of record" was that of
the Zoning Administrator.
Councilaeaber Carey stated that a motion to uphold the decision of the
Zoning Administrator which had failed was also a matter of record.
Mr. Booth said the fore of the option was not a significant part; the
tie vote, according to the Municipal Code, was a lost motion, and therefore
not an action. That meant that then matter could be re -considered or the
mutter could be continued.
Co mcilmember Carey pressed that since the motion was to uphold the
decision of the Zoning Administrator, the tie vote was. in effect, an
action.
185
9119/77
Mayor Sher said he understood the City Attorney to be saying that the
form of the notion was not important --to overrule a decision of the
Zoning Administrator an affirmative vote of the Council was needed.
Councilmember Carey affirmed with Mr. Booth that the form of the motion
did not matter.
Mr. Booth confirmed that. He said Council wee acting on the recommendation
of the Planning Commission. If Council vas unable to reach a consensus
the section of the Zoning Administrator would stand.
Counciimember Clay said that Council vas expected to make a clear decision.
If action were taken through non -action technicaitied Council would be
acting through default, rather than intent. If all Counci1zebers were
present a decision would have been made. He asked that the motion to
continue be supported.
Mayor Sher said he agreed. Be would support the motion to continue.
MOTION TO CONTINUE PASSED: The motion to continue the matter of the
Zoning Administrator's decision on 300 Hamilton, the Northern California
Savings and Loan application, passed on the following vote:
AYES: Brenner, Carey, Clay, Fazzino, Henderson, Sher, Witherspoon
NOES:
Fletcher
ABSENT: Eyerly
.roauxicSE�Gi3
Mayor Sher aaid that Council would have a brief Executive Session on a
litigation matter.
.tea
Council recessed fro 10:00 p.a. to 10:20 p.a.
Councilber Witherspoon referred to the email plat map in the staff
report, and asked about the lot on the eastern portion of a lot bounded
by Page Mill, Ash, and Sheridan.
Mr. Knox replied that the lot was not centrally located enough. He said
that the site of the proposedmini-park was et the corner of Ash and Grant,
now owed by the County. It would be exchanged for a lot owned by the
City at Sber14an Avenue, near an alleyway in the center of the block
bounded by Sherman, Park, Grant and Ash. The City Attorney's office has
determined that the 12 -foot alleyway contiguous to the City -owned lot
is owned by the City. A memo fro Clayton E. Brown to Charles Walker bad
made it clear that determination bad to be wade before the City -owned
lot could be traded. The memo was dated December 13, 1976.
Councilmember Witherspoon said she thought that since the City parcel
was more valuable than the county property for which it was to be traded,
staff should consider the natter further. She favored the lot near Page
Mill and Ash.
186
9/19/77
Councilmember Carey asked if there was a lot other than the one near
Page Mill that would provide a good site and also would be a more even
trade for the county lot.
Mr. Knox replied that the suggested lot was a desirable area since a
middle -income housing development was going in there. There were going
to be about fifty units per acre, with no room left for park space.
The area closer to Sherman was more commercial, and it was felt the
mini -pack would be more appropriate closer to residential area. The
land also becomes more expensive as it approaches commercial.
Councilmember Carey observed that_tt was not a prudent exchange with the
county unless the disparity between the values of the lots was less than
10 percent. He said the county consistently gained in its dealings with
Palo Alto.
Councilmember Witherspoon asked if the City could possibly condemn the
county property.
City Attorney Booth said that could not be done in order to obtain park
space.
Mr. Knox said the matter of acquiring a piece of property for a mini®
park was about four years old. On this particular exchange there had
been a problem about who owned the alley, then it had been determined
that it belonged to the City. He had discussed the mater with Gerry
Steinberg, the area representative on the Santa Clara Board of Supervisors,
and ell the others, and so far it was the closest to an exchange the
City and the ccunty had come.
Corrected
See pg.
272
Councilswwbe: Henderson said he thought it would be well to continue
working toward the exchange, for the proposed site was located in the
center of a large condominium/apartment complex, and would be a nice
addition to the area. He felt the site on Page Mill was not nearly so
favorable.
Vice Mayor frentier said she thought the value of the Page Mill site
would be lessened somewhat in cane Page Mill was ever widened, or a
frontage road for Page Hill was constructed. She favored the location
under consideration. She asked if the City was going to concede part of
the alley if the trade took place.
Mr. Knox replied that the City would trade an equal nueber of square
feet with the County —part of the alley would be pert of the trade.
Councilmember Brenner said she would like to see progress on the proud
site.
Councilmember Fletcher expressed the feeling that the value of the
County -owned parcel increased for its potential use as a mini -park,
though until that vas achieved the value was perk ps less as a vacant
lot as both parcels were at present.
Mr. Knox said staff recommends that the exchange go forward because
1) the City parcel is not a suitable site for a mini -park since it is
on a busy corner and it is removed from the residential area to be
served; 2) there is no other land available in the area for park purposes;
3) there is no other immediately apparent use for the City parcel, so it
is surplus property; 4) and the County Board of Supervisors, after
coneidsrable time and effort by the City, agreed to the exchange although
it will create *z L-shaped lot, where the County currently has a rectangular
lot which they feel gives greater flexibility for future use.
187
9/19/77
MOTION: Councilmember Henderson moved, seconded by Fletcher, that the
exchange land would have no significant environmental impact, and that
the staff proceed with the exchange.
MOTION PASSED: The motion to adopt the staff recommendations passed on
the following 'rote:
AYES: Brenner, Fazzino, Fletcher, Henderson, Sher
NOES: Carey, Clay, Witherspoon
ABSENT: Eyerly
lat.& (CMR:454: )
Ted Noguchi, Director of Transportation, referred to the background on
the issue of traffic speeds, saying that the State Legislature's amendment
of California Vehicle Code (CVC) added Section 40802(b) which prohibits
the use of radar devices for speed enforcement purposes unless the
posted speed limit on the street in question has been justified by a
"traffic and engineering survey" as defined in CVC Section 627. He
referred to documents of the City's concern on the topic dating back to
Nay 18, 1973. He said that the Transportation Department of the City
had, .in accordance with Council directives of July 25, 1977, written
letters signed by the Mayor to Assemblyman Victor Calvo, Senator Arlen Cregorio, and
the League of California Cities, describing problems and concerns over
state regulation of radar enforcement and the desirability of allowing
cities to establish internal speed limits. Mr. Noguchi said that staff
hed also followed Council's directive to conduct an engineering survey
of speeds during August, 1977. He explained that while August might
have been considered a non -representative traffic month, since many,
including Stanford University, were on vacation, the state did in fact
require that off-peak traffic hours be used for traffic surveys.
Mr. Noguchi continued. As defined in the California Vehicle Code,
(CVC), "basic speed" is defined as safe speed; prima facie (posted)
speed are posted speed limits. According to the court's interpretation,
Mfr. Noguchi explained, basic speed law takes precedence over the prima
facie (posted) limit, which meant that driving faster than the posted
speed may not be a violation of the law. It was to determine "basic
speed" that the surveys were done, and they were in the report Council
ors had before them. The August survey results for E*barcadero Road,
University Avenue, Middlefield Road, East and West Charleston Road and
Araatradero Road show that "85th percentile speeds" have increased since
1973. Prior to May 1973 the City ustced radar, but it had been discontinued
because the Palo AltotMountain View Mnnil.ipal Court excluded radar -
related evidence in two trials. That has led to - a reduction in speeding
citetione, which right be a significant factor in the increase in the
speeds measured in the survey. Mt. Noguchi presented the alternative
actions: 1) Do nothing --leave the bpeed limits posted as they are and
maintain the current level of Police Department enforcement efforts
(without using radar); staff believest that alternate will be the least
effective is maintaining the present speeds, and may Allow speeds to
increase; 2) Leave the speed limits posted as they ere but increase the
Police Department enforcement efforts (without wing radar); staff
believes that euatatreed Police Department enforcement effort can hold
spat at their present levels but would increase the Police Department's
operating budget or force a reduction in other Police Services currently
provided. Clearly, a saturated ono -time enforcement effort would not be
effective. 3) tncreaae the speed limits to accord with the survey
results, thud allowing the Police Department to wee radar for speed
enforcement purposes; staff believes this will be the most effective.
4) Continue to purse a change in. the California Vehicle Code to allow
cities to use radar for aped enforcement purposes on an unrestricted
188_
9/19/77
rcAr
basis. Staff is already working on that, though the likelihood of
achievment is remote. Even if appropriate State Legislation is introduced
and passed it would not be effective until January, 1979.
The staff, Mr. Noguchi said, recommended alternative 3) be used for the
five surveyed streets, for a sixemonth trial. Police enforcement efforts
(with allowed use of radar) will be pursued according to a plan developed
by staff. Council would be informed of the results of the enforcement
and resources necessary to continue, at the end of the six-month trial.
Councf ae ber Witherspoon asked Chief Zurcher if Palo Alto had a quota
for traffic citations, as was so often charged, and also about the cost
of enforcing the radar as recommended in Alternative 3.
Chief Zurcher said Palo Alto did not have a quota for traffic citations.
Summarizing costs to the Police Department of enforcing Alternative 3
for a six -day period, using two officers with staggered shifts, for a
six th period would result in overture costs of under $6.,000.
Councilamember Witherspoon asked about the cost to equip cars with radar.
Jack Garner, Coordinator/Field Services, said they had some already
equipped, but they would have to do a reliability check.
Cauncilmember Fletcher asked if the effectiveness of alternative 3 would
not be severely limited if it was decided to return to the 25 mph speed.
Chief Zurcher replied that the basic speed had risen since 1973, he
supposed the status quo would prevail again.
Councilmember Fletcher said she was quite sure that speeds up to 55 mph
were someeti:,aes reached on Charleston and other streets.
Chief Zurcher said that experience had shown the presence of radar ode
exceeding the speed limit far more unlikely.
Mayor Sher opened the meeting to speaker from the public, and read a
letter from Florence, Rick, and Julie Herzog objecting to raising the
speed limit to over 25 mph on Charleston. The following people spoke on
their concerns about raising the speed limit over that which was already
posted:
Sandra Friedman, 792 Charleston, spoke against raising the speed limits
and referred to a statistical chart she had prepared measuring present
liaita and radar enforcement.
Dr. William T. McEenee, 1465 Webster Street, also spoke against increased
limits and said be couldn't believe that radar wasn't used to measure
all excessive append ing .
Bdyrard Priabcrs, 726 W. Charleston, spoke about excessive speeds on
Eabarcadero and was opposed to any increase of the speed limit.
A.J. Burkhardt, 1700 Guinda, urged retention of existing speed Limits.
Sandra Goodwin, 242 E. Charleston mod, said E. Charleston Road was a
residential road, which meant speed limits should remain at 23 mph as
they were in all residential neighborhoods.
Margaret Melvin, 175 E. Charleston Road, said the City mist fixed a way
to enforce the present speed limits rather than increase that.
R.J. Debs, 3145 Flowers Lane, said the onus vas on Council to do something
about excessive spuds width contributed to pollution and deterioration
of residential neighborhoods.
199
9/19/77
Werner Hertzog, Jr., 300 E. Charleston Road, said he has lived in Palo
Alto twenty-five years and during that tine has given the Palo Alto
Police Department a lot of money to enforce speed limits.
Michael Cobb, 3863 Dixon Place, said he was shocked that Council would
even consider raising epeed limits in residential areas.
r{1 Eakins, 3493 Greer Road, said the issue was basic to a11 Palo Alto
residents and residential areas must Be protected with the present speed
limits.
Counci member Henderson asked if Chief Zurcher could estimate the cost
of effectively policing the enforcement -policy without using radar but
increasing the police force.
Chief Zurcher said that covering 15 to 18 hours of the day, at a time
when most vehicles were on the road, the cost of six officers would be
upwards of $160,000 per year. He emphasized that the posted 25 mph was
not an absolute limit, the criterion for issuing citations would be that
the speed was unsafe.
Councilmember Henderson asked what would be needed to have police posted
at all dangerous places.
Chief Zurcher said that was a difficult question. It might be necessary
to double the existing police force.
Councilmember Henderson said he did not vent to support increased speed
as such, and he supported increasing the speed only with the goal of
eventually having more control over holding traffic to those_ speeds
which were safe. He said that the sign "radar enforcement" often had
the effect of reducing speed. He said he would be willing to try the
staff recommendation, and put it to the test.
MOTION: CouncilmeL ber Henderson moved that the speed limits_ be increased
for a period of three months on designated streets, thus permitting
radar enforcement.
The motion died for lack of a second.
1
MOTION: Councilmember Henderson moved, seconded by Witherspoon, that
the Mayor write or telephone Joseph Woods of the Westminster Police
department to convey Palo Alto's position on changing the California
Vehicle Code. The motion passed on a unanimous vote, Councilor tuber
Eyerly absent.
MOTION PASSED: The motion pase.d on a unanimous vote, Counci1.ember
Eyerly absent.
MOTION: Council. ember Fazzino moved, seconded by Witherspoon, that
Council 1) oupport the preservation of the existing speed limits and 2)
that the Police Geoart:ment help develop a play to reduce present speeds
on affected streets, (Ebarcadero, University, Middlefield, East and
West Charleston, anal Arastradera) by five to 10 mph aver a one-year
period, the Police Department to report bark within two months giving a
dollar amount that will be needed, with emphasis on the use of present
resources.
MOTION PASSED; The notion passed an a unanimous vote, Ccunci1 a ber
Eyerly absent.
Council r Clay left at 11;15 p.m.
190
9/19/77
Correction/
Addition to
text; see
pg. 271
REOUEILof COUNCIir fBERs EYERLY AND
OG ILLF FIRE HAZARD
Continue ram
Counciimember Carey said that the requested staff's Fire Management
report had beet given to Council on August 18, 1977. The City had
started a Fire Management Plan for Foothillo Park and widened fire breaks,
introduced plantings of low fual-type plants, and they had had brush
removed from exceptionally hazardous areas while also introducing controlled
brush and debris burning. The need for a regional plan coordinated
prevention and protection agencies, educated Foothill residents, controlled
new residential developuent and enforced violations of fire codes, along
with maintaining accurate record of residential contacts. A report of
August 12 from Jerry Lawrence, Foothills Park Supervisor, stated that a
major wildlands fire bad not occurred in the Palo Alto area since 1914.
A treeendous buildup of fuel was one of the results. Mr. Laurence had
written that the long range answer to the Wildlands fire problem was a
major Fuel Reduction program.
POTION: Councilmember Carey moved, seconded by Fazzino, that Council
support a change to the Weed Abatement ordinance by adding under 8.0$.O1O(b)
of the Palo Alto Municipal Code a number (6) reading: "Fire hazardous
weeds on natural terrain firebreaks as indicated by the City; that
Council support policy direction to the staff to use Section (2) more
aggressively, which reads, "Weeds and indigenous grasses which may
attain such large growth as to becomes when dry, a fire menace to adjacent
improved property', and that concerning a complete fuel management
program for the foothills, staff be directed to provide such a program
to Council for policy decision before the next fire season along with
an estimate of its costs.
Covnciimember Carey said the motion would give the opportunity to install
f irelanes in grassy areas in the foothills to help with fire suppression
in time of need.
Councilne her Witherspoon suggested that the state plan for fuel management
would be a worthwhile thing to inquire intotbey no doubt had a groat
fund of information from the endemic forest fires that occurred oath
autumn following a dry suer
MOTION PASSED. The motion to support the Weed Abatement ordinance alo►an
with - certain additions passed on a unanimous vote, Couaci ers Clay
and Eyerly absent.
L OF COUNCILMEMEERS WITHERSPOONr EYERLT
Couucilmeaber Witherspoon introduced the matter of frequency of street
swamping, which, for economy, had been cut back from once a task to once
every three weeks. The four sponsoring Councileembers thought the
present level of service unsatisfactory —joggers, bicyclists and skateboard
users bad bad to get around piles of leavers and debris to such a degree
it was has ardous .
MOTION: Councileember Fletcher mowed, seconded by Witherspoon, that
staff prepare s report giving the added costs (over the amount presently
budgeted) necessary to implement the following these steps of increased
level of service: once a week, once every teen days, once every two
mks; end to further break down the costs in each step between sweeping
all the streets or just those streets that had bike lanes; and that
staff investigate the possibility of leasing street ~mars and/or
contracting with an outsides agency to provide the service; estimate the
1 9 1
9/19/77
effect of dropping the overnight parking requirements; report what the
1977-78 budget calls for; and report back to Council within six weeks,
at which time Council could decide what kinds of service the City could
afford, or would want to afford.
MOTION PASSED: The motion passed on a unanimous vote, Counrilmembera
Eyerly and Clay absent.
Vice Mayor Brenner asked if staff could include in its report some
discussion of the possibility of having alternating parking on both
sides of the street.
cTI-MEST OF COUNCII�I8ER.S P.AZZINC AND
TPi6N fUpUB .REALS
Councilmevber Fazzino said his interest in public information had been
stimulated by a memo on the subject written by Councilnember Eyerly.
He thought there 'as a peed to explore the public information relationsip
between the Clerk's Office, PAAIRS and CoCommunications in order to evaluate
possible omission or duplication, and determine what changes need to be
made.
MOTION: Councilmember Fazzino moved, seconded by Witherspoon, that
Council refer the matter of public information referrals to the Policy
and Procedures Committee.
MOTION PASSED: The motion passed on a unanimous vote, Councilmetabers
Clay and Eyerly absent.
UEST OF COUNCIIa'►r ER. FAZZINO RE
MOTION: Couneilmember Fazzino moved, seconded by Witherspoon, that the
City M ager and the City Clerk report on operational procedures for
dispose1 of City files.
Counciieaeeaber Fazzino explained that many City records concerned netters
which had long ago been dealt with and those records, took up space and -
requi..red handling though they were no longer relevant to ongoing City
business. Perhaps it would be possible to eliminate some of those
records, with the utmost attention to their possible historical or other
intrinsic value in deciding on their discard or retention.
Cut nci%ber Henderson urged that the matter not be given urgency
value, for be did not think it was worthwhile to increase staff for the
purpose.
MOTION PASSED: The aeotiou passed on a unrnimou.s vote, Councilmembera
Eyerly and Clay absent.
MOTION: Council. sr Passim coved, seconded by Witherspoon, that
consideration be given to eoe ng the pictures of the present Mayor and
pest mayors to a more public area in City Ball, such pictures to include
the three presidents of the board of Trustees in Palo Alto's earliest
days.
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9/19/77
Councilmember Faz ino said that be thought the proposed gallery of
Mayor's pictures would have interest for the public. In their present
location, in the Council meeting room, the public had no opportunity to
vier them.
MOTION PASSED: The notion passed on a unanimous vote, Councilmembers
Clay and Eyerly abeent.
CANCELLATION OF COUNCIL MEETING OF SEPTEMBER
MOTION: Councilmember Carey moved, seconded by Fazxino, that the Council
meeting of September 26, 1977, be cancelled.
Councilmember Carey observed that Councilmembers would probably be in
attendance at the League of Californi+i Cities convention to be held
that week in San Francisco.
MOTIOW PASSED. The notion passed on a unanimous vote, Council a bere
Clay and Eyerly absent.
ADJooFeiten
W TION: Councilmember Carey moved, seconded by Henderson, that
Council adjourn. The motion passed on a unanimous vote, Co€rncilmerbers
Clay and Eyerly absent.
Council adjourned at 12:15 a.m.
ATTEST
v
City Clerk j/
Lif
193
9/19/77
APPROVE:
Mayor