HomeMy WebLinkAbout1977-11-21 City Council Summary MinutesC!TY
COUNCIL
MINUT€S
CITY
PALO
ALTO
Regular Meeting
November 21, 1977
1___ PAGE
Minutes cf October 25, 1977 3 5 0
Oral Communications 3 5 0
Adoption of New Title 11 3 5 0
Proposed Housing Corporation Contract Amendment 3 5 1
Return or Reallecation of Squire House Donations 3 5 1
Joint Power* Agreement - Fire Training -
Mountain View/Palo Alto 3 5 1
323, 331, 365 Grant Avenue and 334, 360 Sheridan Avenue
Application for Approval of Change of District
from RDA to P -C, by Bramco Development, Inc. 3 5 2
323, 331 and ?65 Grant Avenue and 334 and 360 Sheridan Avenue
Reverslora to Acreage of Parcels Owed by Palo Alto 3 5 2
625, 645 and 651 University Avenue
Application for Approval of Preliminary Parcel Map
(4 Lots) by Community Housing, Inc. 3 5 2
2374 Cowper Street
Denial of Variance by Zoning Administrator,
Appeal sd, Lila atborae 3 5 2
195 North California Avenue
Application for Approval of Preliminary parcel Map
(2 Lots) by Julie Roliaan 3 5 2
Group Bowes for Mentally Disabled
Approval of Amendment of Zoning Ordinance 3 5 3
520, 524 and 526 Maybell Avenue and Portion of 4146 El Camino,
Limitation of flew Development 3 5 3
Extension of Existing Partial Residential Moratorium until
Completion/,Adoptions of Zoning Ordinance 3 5 3
Continuation of Public Bearing - Sand Hill Road
Assessment District Proceeding 3 5 3
l ussion of Setting Priorities on Agenda 3 6 6
County Sousing Task Force Report 3 6 6
Request of Counncilmember Passim re Term Limitation for
. Couacilaaebers and/or Council Appointed Commission
end Hoard Members 3 7 5
Request of Councilmember Pletcher re Southern Pacific Commute
Service 3 7 5
Late Application of Leland Levy for W ear. Relations Commission 3 7 8
Human Relations Commission Appointment Interviews 3 7 8
Adjournment 3 7 6
1
349
11/21/77
Regular Meeting
November 21, 1977
The City Council of the City of Palo Alto met on this date at 7:40 p.m.,
Vice Mayor Brenner presiding.
PRESENT: Brenner, Carey, Clay (arrived at 8:00 p.m.), Eyerly,
Fazsiao, Fletcher, Henderson
ABSENT: Sher, WitLerspoon
MINUTES CF OCTOBcR 25, 1977,
Councilmember Henderson noted that the typographical error on page 283,
fourth line, 6th paragraph, should be corrected to read "recently." The
minutes were approved as corrected by a unanimous vote.
ORAL COfBWH1CATIONS
Vice Mayor Brenner noted that the Willow Road agenda item, listed as
coming up at 7:45 p.m. would be a few ainutes late.
1. Ernest G. Johnson, 3790 Laguna Avenue, spoke of the Veterans
Mein r al Restoration and Fund Committee, made up of five people
whose duty was to acquire money and other assets which could be
transferred into cash funds. He read selected passages from the
Committee's by -lass relating to the application of those funds
toward the maintenance and possible rebuilding of the Veteran's
Building. Be told Council that he had reed the by-laws to illus-
trate how the Veterans wore undortsking to maintain and preserve
their building independent of the City.
2. Bruce Braunstein, 836 Style, spoke of a series of books by Dr. Eric
Voglaod, ORI`ER AND HISTORY. Mr. Braunstein said be had aekad the
Palo Alto library' to buy the books, but they had said they were not
interested. Mr. Braunstein asked that the library's decision be
re-evaluated, fog' the series use worthwhile. he continued on the
matter of Uri of transportation to either DeAnts or Foothill.
College., and be asked that the possibility of instituting van
transportation be studied- He /eked further that more public
ueotice be given of efien Council Meetings were to be held, end that
brass glass be removed from bike paths.
Visa Mayor Breonw: pointed out that a weekly Schedule of Meetings vas
published by the City Clerk's Office and that the agenda of Council
meetings run pub" abed meekly in the Palo Alto Tie.
lenrinCALM*:
�af.�r:r,_L Items
TUB (0:528:7)
The staff report stated that in the fall of 1972, following the Prised.
ofblemoth court decisions, the California Bnviroseasntal Quality Act of
1970 (C?QA) vas amended mad clarified so that it applied to projects in
both public and private sectors. Palo Alto had considerable input
330
11/21/77
,50
into the original guidelines and W64 one of the first cities in Cali-
fornia to implement CEQA by its own ordinates, with Title 11 added to
the Palo Alto Municipal Code on December 18, 1972. In the intervening
five years that Title 11, through changes., has become obsolete. Staff
recommended that Council eventually adopt the new Title 11 for implementa-
tion of CEQA, but first that the m.,tter be referred to the Pclicy and
Procsduree Committee for. discussion
PROPOSED HOUSING CORPORATION CONTRACT
AktIMMENY rb i is PUBLIC
The staff report stated that the first change is to add Webster Wood to
the scope of services to be provided by the Mousing Corporation. Section
2 is amended to allow up to three members of the board of Directors to
be employed periodically by the Housing Corporation on less than a half-
time basis, with approval of the, Project Manager and funding supplied
by, or approved by, the City. Section 3 attempti t4 deal with problems
of insurance coverage and with the greatly increased potenti+r.l exposures
taken on by the directors of the Sousing Corporation in c ectiou with
the development of lino/moderate income housing. Staff recommended that
the matter be referred to the P.Inance and Public Works Committee.
AMENDMENT TO CONTRACT
Palo Alto Hcuain3 Corporation
Action Items
RETURN OR REALLOCATIQ2._ OP SQUIRE ROUSE DONATIONS (4:525:7)
Staff recommends: 1) that Coucil authorise a direct payment to the
Senior Coordinating Council for PROJECT SCC in the amount of $35,196.72;
2) time the '91519 Capital Projects budget include an additional
appropriation of $7,720.71 for Project 7694, Veterans' Building Re-
habilitation, to be used only for Priority One repairs; 3) the remaining
balance of $7,014.56 is to be used only for historic preservation. In
this connection, staff recommends that this money also be . appropriated
in the 197679 Budget to Capital Improvement Project 76-94, since the
Veterans' Building is m designated state histori structure. It is
further recommended that these male* be used only for priority one
repairs.
JOINT POWIRS Ai -P
Jim Pli mr+ f Yl!Zi e.( Aftfr--
Staff has reviewed ssareral tentative agr.eme:ets and has developed a .
20 -year agreement with expanaten st the center : as follows: a drafting
pit for tastes mss; a firs,)piemletesr classroom and sears area,
and, if money la available, a 1300 savers foot addition to the traioing
tower, sump pip and , two yard 1imts. Palo Alto's share shall not
exceed 080,000, as contained in the current Capital Improvement Program.
The Joint Powers Agreement is administered by an twenties Ord and
Policy Committee, Mountain Vievf s Councf,l, approved it on 'October 31,
and Las Altos bas also given its approval. It is recommended that the
agreement be approved.
JOINT UNICISI ON P INS SIT P0N A JOINT Mr =TER
Aie,,Z1MIGNANl III rag
331
11121,77
_j__ _323 331 365 6'R.A:td' AND 334 360 SHERIDAN AVENUE
APPLICATION
lfY O i PPME ' N.16 (CMR:530:7)
The Council approves the propose4 development of the Power parcels as
recorded by staff and a Planning Commission vote of 5 in favor, 2
absent, and staff will prepare for Council approval the following
amendments to the sales atvA amsnt; 1) amend the percent of subsidiLed
unite from 100 percent to 94 percent (54 of 57, units); 2) add Webster
Financial Corporation as a purchaser and co -developer of the project;
and 3) extend the option period €roe'neceabsr 18, 1977 to March 18,
1978.
ORDINANCE OF THE COUNCIL OF HE CITY
Of PALO ALTO AM^NDING SECTION 18.08.040
OF THE PALO ALTO MUNICIPAL C&iDE TO CHANGE
THE ZONING CLASSIFICATION OF CERTAIN
PROPERTY COMMONLY MONLY KNOWN AS 323, 331 AND 365
GRANT AVENUE AND ` 334 AND 360 SHERIDAN AVENUE
FROM RDA TO P --C, SUBJECT TO CONDITIONS
323 331 AND 365 GRANT AVENUE
AND AN AVENUE
REVERSION TO ACEIAGErVirrrRrffr
OWNED7-6frnrrarritr
The Planning Commission, by a vote of 5-0, two absent, recommends
approval of their init?.ative to revert to acreage (Final Subdivision
Map) five parcels owned by the City of Palo Alto and klown as 323, 331
and 365 Grant Avenue, and 334 and 360 Sheridan AvenuT.
k25,_645 AND 651 UNIVERSITY
APPLICATION rff7A9M05371T
1'RELIxiINARY MEL MAP (4-1Nrots)
J4 COMMUNTIM HCUSz, j .
The Planning Commission, by a vote of four in fervor, two absent, one
not participating, recommends approval of. the application of Coeeun: ty
Housing, Inc., for a Preliminary Parcel Map (4 lots) for property
located at 625, 645 and 651 University Avenue.
2374 COWPER STREET
DENIAL OP DES. OP V ST ZONING I ISTRATOR
.2.,.N
The Planning Commission, by a vete of 4-0, three absent, recommends
denitl of the appeal of L ,1a Hawthorne fees the decision of the Zoning
Administrator to deny variances at 2374 Casper Street.
19 S N�*TH CALI s AVENUE
The Planning Coraissiis, by a vote of 4-0, three absent, recommends
approval of the application of Julie %limos for a preliminary parcel
map (2 lots) for property located at 195 North California Avenue.
=SOLUTION S48O entitled. _LION OF THE
COUNCIL OF THE CITY Of PALO ALTO APPROVING THE
NISCILLANSOUS DIVISION OF LAND AT 195 N0 TN
CAL!PORNIA AVENUE AND GRANTING=moms."
3,52
11/21/77
GROUP HOMES FOR MENTALLY DISABLED
APSOOAl O Amebae be IIIMMINANCE
The Planning Commission, by a vote of 4-0, three absent, recommends
approval of the Amendment of the Zoning Ordinance:. Group Homes for the
Mentally Disabled:
ORDINANCE . UL2CI 07 CITY
'_� ...:.,«..�... yr IRE �1'LY
OF PALO ALTO :ABM= SEMONS 18.04.285 AND
18.90.087 OF THE PALO ALTO MUNICIPAL CODE
TO REQUIRE A USE PERMIT FOR LICENSED
RESIDENTIAL CARE
520 524 AND 526 MAT/E1.4. APSE AND A PORTION
LIMITATION OF NETRWILOPMENT
ORDINANCE 3024 entitled "ORDINANCE OF THE
COUNCIL OP THE CITY OF PALO - ALTO LIMITING
NEW DEVELOPMENT OF CERTAIN PROPERTIES IN THE
CITY OF PALO ALTO C JONLY KNOWN AS
520, 524 AND 526 MAIBELL AVENUE AND A PORTION
OF`,4146 EL CAM NO REAL." (First rsadingT1117177)
=TENSION OF EXISTING PAP.T/LL RESIDENTIAL
IJM UNTIL COMpLE TI
ZONING ORDINANCE (CMR:511: 7) .
Staff recommends Council adopt the following ordinance which extends
the moratorium approximately six months to July 1, 1978. If the new
zoning ordfru,ce is adopted earlier, the moratorium extension is
designer3 to expire on the affective date of the new zoning ordinance.
ORDINANCE 3025 entitled "ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO EXTENDING
Tat TEAK OF ORDINANCE 2958 IMPOSXNG A
NOAATORI(IM ON NEW 3UIIDING PROJECTS, ZONE
CHANGES, AND CHANCES OF USE IN CERTAIN
PORTIONS OP TUE CITY or PALO ALTO." (First
reading 1117177)
MOTION: Councilors .r Henderson steed, seconded by Fazzino, that
Council adopt the Consent Calendar.
NOTION PASSED: The notion passed, en a uasniacus vote, Councilsesbers
Clay *ad Witherspoon, mad Niger Sher, absent, with Cccmcilmember Carey
&shifts that his vote be recorded as "11o," en the Item concerning return
or reallocation of Squire Souse dosatiaas,
Counci.laaebsr Clay arrived at S:00 p.s.
22:7)
Vice !Meyer Bremer said tha`4 the ori$i al hearings were scheduled for
November 7, end c ntinued to that evening, November 21, 1977. The first
bearing would be on the Engineer's Report prepared pursuant to Division
4 of ' the Streets and Highways Code. The pompoms of , tie hearing sea to
receive and hear protests against the proposed acquIsitions and improve -
meets. Protests at this first hearing slay be either written or oral.
353
II/21/77
The second hearing is on the Engineer's Report, which includes all of
the details of L e project, including plans, specifications, estimates
cf cost, maps and descriptions, and proposed diagram and assessments.
Formal protests as to this phase of the project may only be in writing
and v'_11 to received and considered by the Council if they ere filed at
any time before the conclusion of the hearing. Staff is recommending e
further continuance of the hearings to December 19, 1977, and the
setting of an additional hearing on a ;:edistributlAn ofthe assessment
Low that sans night. Ihe declared the continued hearing open, saying
Council wculd consider the staff recomeendation.
Assistant City Clerk Shirley Poitras read the following record of
written protests received in the City Clerk's office to date:
1, Written protest', dated November 7, 1977, from JamesI.Ball,
M.D., President of the Medical Plaza, Inc., for property at 1101
Welch Road;
2. Written protest, dated November 7, 1977, from Norbert J.
Dicrlan of Mulliu.s, Wise & Dickman, on behalf of H&W, a limited
partnership, owner of 701-A Welch Road; 3. '. _ _ .4 :_
3. Writtein protest dated November 17, 1977, from William
T. Mauch, Associate General Manager, Real Estate
Investments of The Prudential Insurance Company of America,
owner of property at 7700 Welch Road.
Mr. Ken Jones, Band Counsel, said that the staff recommendation was
that the two public bearings be further continued to December 19, 1977,
end that the Council consider and adopt a rosolution of intention and
make changes an4 modifications which would set an additional hearing on
a redietribut_ion of the assessments.
The copy of the assessment diagram was projected on the Councilcbamber
wall. Three elements were involved, Mr, Jones said. First, there
n&.eded to be reconsideration of the nature of the project, jecause
heretofore improvements had be+rn considered ea a unit, with acquisitions
and improvements not segregated ---now the reconsideration acknowledged
that Sand Hill Road was a public street from the Santa Cruz intersection
up to Arboretuu, with the improvement from Arboretum to El Camino Real
consisting of an entirely new right-of-way where there was no publlc
street at present. Consequently there was an attempt to ideeLi.fy if
there was an area of the district which was locally and particularly
".3snefitted by the opening of anee street (as opposed to the widening of
an existing street). The redistribut$ n was based on the premise that
the opening of that new street provided a special local benefit to the
area fronting on t e opening. The measust 91 that new clamant of
benefit was considered ss too -t rds of the cost of the right-of-way, es
ruc%, from Arboretum to El Casein Real, to be properly cbarge(ble
against those properties identified on this projected sap as "1, 2 and
3." The remaining mars -third of the right--ofm ay coat, and all of the
severance daamage, that -is, the additional acquisition along the northwesterly
sida of the road opening, and the mitigation arcking, which was the
Arboretum pruperty, wore left as a district -adder benefit and district -
wide distribution. The reallocation of cost, then, involved two-thirds
of the basic right-of-way cost from Arboretum to El. Camino Real.
The second alftrsnt was the additnal construction activity which is
taking place on the shopper center parcel, and its effect on the
traffic-gene-atiom factor am the original formula. That a*aignment of
weight, based an traffic generation, originated from the 1972 Origin and
Destination Study which formed the basis for aasigmseat of all factors
is the project. It did cot *comet for the current cotatruction activity.
That fact had been heavily criticised sad U had led to the re-evaluation.
Tl r, esalt of the re-evaluation bad bean a heavier as•ienment of traf f ic-
a•_�aaration factors to pergola 1, 2 and 3, . and a resultant relief to the
balance of the district.
354
11/21/77
The third, and vary minor factor in she redistribution, Mr. Jones
continued, was a reassignment of slem nts in the formula to various
individual or categorical parcels throughout the project, based on a re-
evaluation of just what weight they should be assignee.
The redistribution resulted in a very material increese in the assess-
ments numbered 1, 2 and 3 at the main shopping center, and a consequent
substantial redu tiny *West aril oahar properties in the district.
Since the figures had been generally publicized as part of the agenda
process, a final soul-search3ag had been undertaken on the redistribu-
tion element. In explanation, Mr. Jones said that outlined in red on
the map were the portions of the district gesaesa1ly thought of as
comprising the shopping center. Parce',s 26 end 27, southerly of Arboretum
as shown on the map, are developed and are being used as, and zoned as,
commercial, as part of the shopping cuter --27 vas Bullock's and 26 was
Saks. The area across Quarry at the corner cf Arboretum was zoned and
used for commercial purposes mud at present, as a Mobil gar station.
When it was realized that those parcels "were virtually indistinguishable
frow the balance of the shopping canter, me again re-evaluated our
distribution formula and came to the conclusion that the impact of the
street opening should also be charged against development zoned and used
as commercial in any part of the shopping center", and so it was proposed
to Council that there be some modification of figures either by con-
tinuing the hearing until November 28 or a later date when ehere would
be a complete distribution of revised figures, including 26, 27, and 9,
the Mobil station, with adoption of the resolution to take place at that
time; or, if Council wished, the figures could be distributed that
evening, recognizing that the purpose of the action was to set a public
hearing.
Councilmewber Clay said he had not viewed the benefit of the new street
fr n El Camino Real to Arboretum as accruing to those adjacent, He had
thought in terms of alleviating traffic congestion in that area. He
asked if the distinction between that two portions of Sand Hill had been
made before that evening.
Mr. Jones said the dittinc tiou between opening up a new street and
widening an existing street had been acknowledged in other assessment
diszricta; though no project was identical to the one being discussed,
there had been roes elements of the Old Trace Road project involving
opening new rights -of -way, and the distinction had been acknowledged in
the benefit formula. That had been true of opening and widening a
portion of San Antonio to be used as access and parking for the benefit
of frontage property. Basically it was c —n to acknowledge the differences
between opening 64 street and widening an existing street.
Cosntcilagambar Clay wondered if Council would have approved the widening
of Sand Hill to El Casino if it ma only to the - benefi_t of those
parcels adjacent. He bad not looks ,at the matter in that way before.
He was not sure he would have arrived at the Wet conclusion. He asked,:
if Stanford and Stanford Clinic bad been asked,- end what their weapons
bad been about the redistribution of costs.
Mr. Jones replied that he did not think Stanford bad been apprised as to
redistribution of costs. Beth staff eqd bond counsel bad mode themselves
available to all property sweets need teasate io the district, but they
isa not tested their judgme et by specifically dealing with may one
property owner.
fauacilsesber Clay asked if two-thirds of the cwt of the portion of new
road was to be to the parcels, red one-third of tba read was to be
eseeesed to others.
Mr. Jones said the allocatiea was based on two-thirds of the cost of the
right -of -goy tree Arboretum to it Cerise bold Me remaining one--thircV,
365
11/21/77
of the right-of-way cost sad the mitigation acquisition cost.' is the
wooded -area acquisition, which, along with the severance acquisition,
remained a charge against the assessment district as a whole. There-
fore, the only a swift was t-' too-thirde of the land -acquisition cost,
and road right -of -{way for that one stretch --all of the improvement cost
remained assessed exactly at it was before.
Counailmaember Clay confirmed that there was no change t.. assessment cost
from Arboretum ----eo_Sente__rr,__: - -
Mr. Jones affirmed there had been no change except for sous very minor
reassignment of individual factors to individual assessment or individual
groups of assessment. -
Councilm ber Carey asked for the revised figures for parcels 9, 26 and
27.
Mr. Pawloski distributed the 'sheets of revised figures.
Mr. Jones referred to a City zoning map which had been projected on the
Councilchembsr wall. Outlined in red was the arse which was to absorb
the additional two-thirds of right-of-way cost. The zoning was uniform
C-3 for the main shopping center, and also the Bullock's, Saks and Mobil
station parcels were zoned C -3-S, tl`e "S" being an old designation for
off-street parking purposes, not relevant in that evening's discussion:
That zoning was the rational* for treating the area as a unit for purpose
of the redistribution. Parcel 1 was shown at $1,654,813.49. The redis-
tribution, including the three parcels, reduced that figure to
$1,462,428,89, as shown on the sheet before Ccuncilmembers. Parcel 2,
assessed separately because it still existed as a separate parcel,
having been in the past designated as a service station but really a
part of the ?Rain shopping center, was assessed as part of the initial
proposed redistribution at $14,299.50, and wes now $12,725.45. Parcel 3
was identical.
Mr. Jones continued and discussed the additional parcels involved in
the "re- re -distribution". For parcel number 9, since it was part of
the district that was not involved in the re -distribution, there was a
reduction proposed for that parcel, down to $4,070.04; as a result of
including it in the area to to affooted by opening the road, it. would be
increased to $10,080.76. Fr.r parcel 26, the figure had teen $90,207.70,
which would be increased to $159,109.74; Parcel 27 at $158,834.08, was
now revised to $280,154.02. .all other parcels remaining in the district
were unaffected by the final recommended change, and they would all be
uniformly reduced as a result of the re -distribution.
Couacilaember Carey said be understood that the assessments for 9, 26
and 27 were increased, and the "gain" had come totally from parcel 1.
Mt. Jones answered that the increases on parcels 9, 26 and 27 result
from reductions on parcels 1, 2 and 3, .2 and 3 being the email service
station parcels at the corner.
Councilmember Carey amplified that the increases on 9, 26 and 27 were a
total greater than that which bad been preliminarily approved, that is,
the' first figure had been higher than the second, and the third was
higher than the first. Had that been arrived at by the same formula as
that used in arriving at 1, 2 and 3, and applying it to parcels 9, 26
and 27?
Mk. Jones replied that ha thought the anew vole 'yea . ' Percale 9. 26
and 27 initially partis.tpated in the general reduction, which resulted
from impacting 1, 2 and 3, the ammo figmas that bad been placed before
them that evening. When the recommendation had been nerde that all six
parcels be involved, 9. 26 sad 27 neero iasreaaad by the same calculation --
there had been no other variables.
6.
11/21/77
Councilmalaber Carey confirmed that Mt. Jones was nuking no distinction
between parcels 9, 26 and 27 and paresis 1, 2 and 3. He said be assumed
that under the groundlease provisions with Stanford there was a pass -
through for that assessment. If it weren't true he felt sure Council
would hear from Stanford.
Councilmember Henderson said his question was aimed et__tiying to nail
downwhet the t ue cost sow to Vlao Alto. The cost as he read it teas
now $1,096,084.00, and the statement was that the $422,800.00 was same
kind of a pass -through situation. The costs -to the City, as he saw it,
to the City, were for residual rights worth $422,800.00; and the City
was then putting the money back into the project. Others who were selling
land or giving up rights were not putting the money back into the project.
Looking at the cost of the land from Arboretum Road to El Canino Real,
the land cost was $1,179,515.00. He assumed that Stanford, as the owner
of the land, got paid for it. They did not put the money back into the
project —why did the City, for its residual rights that would have to be
vacated, have to put the money back into the project? When the project
was initially approved the cost to the City had been roughly $670,000.
Some adjustments brought the cost down considerably; now the cost came
back up. He said that when the project was first being talbed ebout he
was going along with a p'.jsct that would not cost the City more than
$670,000.00. Now he read it am $1,100,000, because an additional
equivalent in land was being donated.
Ben Pavioski, Director of Public Works, said that it was true that the
$422,800 is a pass -through cost --it was value for the land to be vacated
that would come to the City, and in turn that money was p.it Neck into
the project --it Was, in affect, a washout.
Councilmember Henderson said he had not intended to see the City's
portion of the cost exceed the $670,000. He asked if it was true that
money for other land which WAS to be bought was not put back into the
project, that is, the $1,200,000 for payment for the land from Arboretum
on.
Mr. Pawloski said that mc»oy was spread back over the assessment district
in the form of two--thirds/one-third, as ex=plained by Mr. Jones.
Councilmerber Henderson said Stanford received themoney for the land,
and then the crest of that is put into the assessment district to pay for
it. In Palo Alto's situation the cost of the land was not put into the
assessasat district, it was instead pat right back into the project. Re
asked for comments from other Councilmeabers.
Councilsseuber Carey maid he had the- tame.problaa. As he understood it
the City vas not out of pocket $422,000,.which hs thought mode it, in
effect, a bookkeeping trauoaction. The City's cost, out of pocket, was
about 070,000 —with a $400,000 credit/debit which perhaps made the cost
look bigger. The City was giving up its rights -of -try, not ownership of
land w hich right have some economic wes. He asked for cOnfiroation of
his vrderstandlng --t a City sus Waving up rights to a right-ofway,
which would these go for rights -of -way, and otba:s wars giving u landowner
rights that subsumed the right to build and the like, which placed their
transaction in a differset category.
Further, Palo Alto was set sut of pocket in caoh for $400,000. Was it
not true that it lees a utter of vacating ti; tts-of 1wsy. rather than fee
title?
Mt. Jones said that the p eeasdiege to 'mete easements is, in effects
the abandonment.. by the City Conseil as the public representative, of
public rights in the &tripe The remelt 'mad be that they were no
longer available for pubis ONA6 The Cite, however, as part of the
proceedings, if it watt assimmoet.adida the moesLatien eys itWposiowistopossdo
337
11/21/77
reserves the right to maintain and eparate any utilities that are
required in those strips and otherwise abandon the public rights so that
they could be available for private use. The City did not pay for the
public r+ghts--they had been required over the years as various devel-
opments took place, and so the bond counsel firm thought it had to tie
handled in the present fashion ir order to avoid any possibility that
-.he City was a gg__ eomethiga ate,=y. . The value bad to be accounted for
to the private property owners, of having the surface rights, at least,
aide available to thaw; and it was thought appropriate to Shaw the
resulting value as acontribution back to the project rather than a
credit to the general fund. Since the public rights in the property
were never paid for, nor did they coat the City anything, it seemed
appropriate to suggest that they be ploughed back in. Essentially, it
was a bookkeeping transaction.
Vice Mayor Brenner commented the -t Mr. Jones' answer bad been complicated --
the road, as she looked at it, bad the mama property owner on both sides
of the road. The City of Palo Alto, on the one hand, was contributing
land on one side, and the district was too—', a land on the other side.
It seemed to her, that if the road was being moved over primarily for
the benefit of the single large property owner, it would be reasonable
to make an even change of land rather than expect one party in the
transaction to contribute land on one side and then consider that a like
amount of land on the other side of the road should be bought. She was
left to conclude that Palo Alto land was free and other land had to be
bought, and that seemed unusual to her,
Coencilmember Carey asked if the rights of the City in the land were not
different from the rights of the landowner of the property across the
street. A different kind of right was being given up.
Vice Mayor Brenner said that it seamed to her that in this case of the
landowner being the same Landowner, it somewhat made P difference.
Mr. Jones responded to Ccuaci.lmembee,r Carey's questicn, saying that the
property being acquired by the City for the project was being acquired
in fee title. The City would own the laud. The rights being vacated
were the vacation to public rights of surface use, with the City retaining
the right to use the underground as necessary for public utility purposes.
There was a substantial difference betvs .n what was being acquired,
namely fee title, and what was being vacated, namely a public right in
surface only.
Vice Mayor Brenner asked if the City was paying only for a limited right
in the land.
Mr. Jones said that in the *seas where lasted was being acquired and
purchased the City w acquiring full fee title, that is, title to the
lend, with full right and paying full value. In the case of the vacation
of the public rights, and the easement areas, which were the subject of
the $422,000, the City was vacating only the public rights to use the
surface. Me thought the appraisal formula evaluated the strips at full
fee value, based an 95 percent of ele foe title value, as opposed to 100
percent on the acquisitions. If the a meey was ploughed back in, the
evaluation did not make any difference.
asked if there was any economic value of the
rights being given styby the City. Was there anything that could have
been sold independently UT the City for about $400,000 or =the.... figure?
Was it possible that the City was giving -up soesrtbing of value?
W r . Jose answered that it could be said that there >eea< _ economic
value to the immediate eijacent paeperty-wtbey were new able to extend
158
11/21/17
their landscaping, at least, trd perhaps their parking. The tenants, as
well as the fee title holders, bad their rights in those areas. There
vas value, and that had prseumably been svalu& tad by the appraisers.
Whether or not that value could be extracted from the tenants was another
question. When selling, one had to taken what the market offered.
Councilman Henderson confirmed that it was a`n the Oak Creels etas that
the City was giving up the rights,
?ir. . Pawloski said four parcels were involved, as written about in the
voluminous Engineer's. Report Coencilmembers bad before them. The first
parcel was on L'ea northerly side of Willow Road from the creek to
Arboretum, which was parcel 1; percale 2, 3 end 4 were on the southerly
side of Willow Road, one from Arboretum westerly, one from Pasteur Drive
easterly, and one from Pasteur Drive westerly.
Councils er 'Beaaereon asked tow big the properties were, and, ebould-
the City be selling the right.. fwsy to the adjacent properties, would
the City espeet to be paid for theca?
W. Jones sa',d his only =ever was that sometimes when there was a
narrowing of a right-of-way a transaction weal negotiated between the
public agency which was vacating, end the adjacent property owner.
Sometimes the amount of that evaluation was even imposed as part of the
assessment as a means of financing the purchase. All of those transactions
required the negotiation of a sale of public rights. There was precedent
for that kind of sale. He did not know if it was possible in this case.
Counciiiesber Henderson said be did not know what the City might be
giving up by donating the property.
Councilmenber Carey said he thought it would help clarify the matter if
the slide shoving the property were projected on the screen. He thought
it vas a simple- heokkaeepieg transaction, that could have been evaluated
at $5.00 or $500,000, with no chsng 'in results.
Vice Mayor Brenner said that while she thought t .e discussion was
importaaat, the thought it eight have to be repeated when the assessment
district discussion took placce
t ouncilmembsr Henderson said be thought Council was trying to settle on
the tt tail amount for the assessment district.
Vice Mayor Brenner said she >thmugst Council should bear from the public.
Mt. Pmsloski pointed out tlbit the 'abject excels were 2,7 acres for
the one northerly of Wallow Reed, which appeared as a long, marrow
sliver and the other parcels were each .2 acres.
Cotincilmember 8sa arson said be thought thet4422,000 sounded about
right for 3.3 . acres
Councilmember Carey, pointed out that the marketability of acreage reage in the
dimensions given ems emmedustliels then semmentissel dleaoaesio a, for it
was unlikely that emythiag could be built en it. Ma thought the appraiser
bad mode his evaluation on a square -foot a it wee a consider-
able amount of T ,it sea largely a credit/debit, operation,' -,Or the
land probably wasn't Salable.
Councilusiber Eys ly asked about petrel. G, a weeded area war Children's
lospitsl. What we. the velaem to the 4011401100111t. district-- amd _wheat Use the
appraised price, wed use those sap Ott value to the City in those
figures?
Mr. Pawloski asked if Councilmembor Eyerly meant the open -space parcel
ncrt'l of the shopping center. He said the pries was $250,000; no
assessed evaluation had been made on it because it was not a separate
parcel.
Councilmember Cysrly said ha thought that $250.030 was chute_ a buy, for
what it had been Boned, as commercial property. He wondered what the
market value might have been.
Mr. Pawloski said that in general property in that area wet about $4.00
per square foot.
Coumacilmember Eyerly asked Mr. Jones what procedure Council would take
on the re -distribution assessments for parcels 1,2, and 3, and 9, 26 and
27. Did Council have to accept the new figures and then have two
hearings? Would the present evening not count if Council accepted the
re --distribution?
Mr. Jones answered that the question was what figures would be the
subject of the new public hearing: The Council could act to set a new
public hearing on parcels 1, 2, 3, 9, 26, and 27. If it were to be
called a staff recommendation, the hearing could be continued until next
week, by which tins the new figures could have been rep -distributed. He
suggested Council's action on the six parcels that evening to save the
one week's continuance before the hearing was set. Some new hearing had
to be set if the new distribution was to be eonaidered at all, for they
involved increases in the assessments. It would not be appropriate to
set a new hearing just to increase 1, 2, and 3 --it should be set on all
six.
Mir. Pawlcski responded to Councilmembex Eys.rly's question on the market
value of the parcel near the Children's Hospital. Its exact value could
not be assessed, for there would be a difference between what it was now
and what it would be after conplstitn of the roadway, and some of the
parcel lay within the creek. The value, however, We in excess of
$500,000 and $600,000.
Ccunrilmsmber Eyerly seed his point.w s that there were inherent values
in the way the eseesszants had been set or the camlAms had been transferred.
Vice Mayor greener said that the recommendation of the staff was to
continue the public hearing to December 19, at which time new public
hearings would be held. Those who had indicated they wanted to speak
could perhaps postpone their comments to the date of the new public
hearing ---she would call MOOS and cw them the opportunity to speak on
the December 19 data. She ascertained with Ken James, bond counsel,
that the motion to continue would properly coma after that public had
been given an opportunity to be heard. 9b. said she wandered if the
date to hold the public hearing should no after, rattler then before
Christmas. She asked Coanacilassbers to consider: that. Deceaber 19 had
been offered by staff as the first possible legal date, and it could
legally be set for a later data.
Joseph Carleton. 2350 Rosa Road, reed his remerka that had been con-
taia4 in the Pala Alto Tunes sees time age: he said the proposed
project was "a colossal waste of spite'," and mould not solve the problem
of improving traffic flow on Sand Bill Rood, for it would only increase
the number of lanes between two bottlenecks. Be said the worst problem
was the left -turn lane heading west, which would not be is+proved by
widening Sand Gill Road, and !anima it wild - overload the intersection
further. Be thought that intaavectiea sold be.improved before the
project was berm, for "pa esaasal +n$" was contrary to the . Environmental
Quality Act. he towered less tLldepsadency projects, sod sore
emphasis on home/jobs ratio as well as sore sees transit. The mein
benefit of the project would accrue to Stanford . Shopping Canter.
360
11/21/77
Dr. Nancy Jewell Crews, 1902 Felo :.ltn Way, Menlo Park, observed that
Council was "very careful about having people disqualified who had
interests at Stanford, ano she thougLt Council would likewise went. "to
sec.:e your position in other ways." She spoke for the Ccmmittee for
Safe and Sensible San Francisquito Creek Area, a group_ of about 400
People, She ---.:ould- wake a joint presentation, she said, with David
Stiles. She submitted a petition from 239 individuals, from the fore-
named Committee end the University Park Association. She said she based
her comments on the right given by the California Environmental Quality
Act to a stable and finite description of the project. The description
of the project in 1975 had since been appen6ed with over $1 million in
additions. The project should at least be valid for its declared
purpose.
The petition requested an environmental impact report. She read the
following for the record:
"On the besis .if facts and reasoning known to us, including those in
the memorandum herewith, we, the undersigned, believe that the
Stanford Willow Expressway project will have significant adverse
effects on traffic circulation, energy use, air quality, sound and
visual beauty, and from the foregoing adverse effects on us and the
quality of living. That is, adverse effects by the presently
agreed design. These adverse effects, or impacts, could, in our
view, be mitigated by feasible alternatives. These alternatives
include aligning Stanford Willow Expressway with Alpine Road,
overpass!sg Junipero Serra Boulevard with on and off ramps, and
leaving Sand fill Road and Campus Drive as is.
We, the undersigned, invoking California's Environmental Quality
Act, and the Fourteenth Amendment to the United States Constitution,
respectfully demand of the City of Palo Alto, the statutory Lead
agency on the Stanford Willow Expressway project, an updated EIR on
the entl,re project. We remind the City Council that since it
approved a design in 1975 over a million dollars cf new design
construction has been added by agreements. The requirements of CPA
"cannot be avoided by chopping up proposed projects into bite size
pieces which, when taken individually, may have no significant
'dversae effect on the environment." (43CA3d 712.)
We ask you to compare regionally in long range benefits to costs
all conceived alternatives. Wee ask that the evaluation be premised
on hare --specific origin -destination st, ies by all transportation
modes, rather than from deductions from speculated :asuaptiona arm-
chair fed into computers. We ask study of impacts by a and and air
pollution by scientific data on actual qualities in the vicinities
of expressways of like capacities and on streets now intersecting
Willow and Sand Rill Roads. We ssk you to consider using no less
invowtments for transportation -efficient bikaalays oat off -road in a
San Prancisquito C:sek atreemside park and in high quality, relevant
bus transportation, including the proposal Canada -Gatos Route along
Junipero Serra Boulevard connecting via Send Rill Road and Page
Mill Road with Interstate 280. _
Insofar as we do not speak for ourselves otherwise, we designate
Dr. !Lacy Je ll Cress, 1902 Palo Alto Way, Menlo Park, California,
94025,.415/854-6862, as our spokesperson and advocate on this
matter."
(signed, per reported count -239 signatures.)
Dr. Cross had a memorandum that quoted from the staff report and els
SIR, indicati g -intersections at Sand Rill Road, Willow Road and El
Camino Real limit the traffic volume, and road capacities would not
111
orrected
see page
432
appreciably change with the number of lanes, She said that people in
unincorporated ateas had been "syat.ematically eliminated from effective
means ra challenge the decisions concerning them." In unincorporated San
Mateo County, and in the Stanford_ area and a-lao on the Sears -v=6 - block;
there wail no process to protest the digg..ng up of Sand Hill Road for
three blocks, four lanes, to push it into the golf course in order to
make a frontage road and tc have the Campus Drive extecsion within a
half a block of residences in the Searsville block. She submitted the
original petition as printed above, and asked that the following also be
incorporated into the minutes.
MEMORANDUM TO PETITION FOR ENVIRONMENTAL IMPACT REPORT
Achievement of the purpose intended by widening Stanford Willow
Road ("to relieve exist.ng and projected traffic congestion and to
improve access to adjacent land uses") is contraindicated by the
following from the_1975 Environmental Impact Report, in Appendix
H-3*
"Avertge speeds will not be substantially improved, since addi-
tional deviya will result et the intersections."
Staff report of Palo Alto's Public Works Director on May 6, 1976,
evaluates the project to the same cons:luaion. From Exhibit d-4,
sheet 12:
"The intersections at each of the Willow Road, El Camino Real, and
Sand Hill --Santa Cruz li'it the traffic volumes, and the road
capacities do not appreciably change with the number of lanes,"
The Alpine Road alignment for Stanford Willow Expressway was proposed
by the Committee for Safe and Sensible San Praneiequito Creek Area
Routing to the Joint Fact Finding Committee of Menlo Park, Palo
Alto, and Stanford University. No government entity has turned it
down. Sieve the Palo Alto City Council on December 15, 1975,
adopted an alignment for the project, and since the meetings of the
Joint Comsittee, over a million dollars of construction have been ---
added by agreements to the design --without additional ELR. These
changes include digging up and relocatins into atreamside park land
four lanes of perfectly good Sand Hill Road for three blocks,
closing 2-4 streets in Menlo Park from the expressway, and con-
structiow of a Campus Drive branch, as well as the Sand Hill branch,
of the expressway. However, nothing has been done to change the
predictions of bottlenecks at the intersections; Further, two
others will be added, as the Campus branch of the expressway will
send many cars into Junipero Serra Boulevard which instead of using
Alpine Road or the Sand Bill branch of the expressway will now bead
for interstate 28G ,through the overloaded Page !sill Road bottleneck
with Junipero Serra BoulevardZ
A traffic survey by Palo Alto in 1974 showed 500 bike trips a day
in the Oak Avenue ---dims Street --Sand Hill Road intersection. At
the EIR's consultant's workshop on June 10, 1975, on Willow Road,
results of written survey showed attendees' respect, overwhelmingly,
for the natural character of the area and its trail coaos"tioa
potential: The Sand Hill Partway Plan was presented for the first
time at that workshop, by the advocate of end for. the Committee co-
sponsoring this petition. The Sand Hill Parkway Plan bail off -road,
independent bikrvaya along San Francisquito Creek connecting Peo
Alto's San Francisquito Trail with Menlo Park and Portola Valley's
Alpine Trail. It features an exclusively bile -pedestrian bridge
communication parks (bicycle lcckers, phones, etc.) coordinated
with bus stops at La Entrada and Oak Knoll Schools and at the Grove
near El Casino Real.. -
362
11/21/77
To people living in the Searsville Block who have apprehensions for
their homes by Campus Drive being connected from Willow Expressway
to Juniper° Serra Boulevard, University administrsto.•s have iterated
a slogan: "The University inter+da to hen- Mete is ,4 "
an ...v•v..i�. L".WiiWi.i�uLCSIL
in their concern. There is no doubt that the Campus branch will
bring cars by the teens of thousands close to homes, churning
cleaner air into smog, blight, and illness! Ask the residents of
Oak Avenue in Menlo Park about living on a branch of the expressway:
Abel: know! It mey veil be that neither Palo Alto nor Menlo Park
Council will accommodate the commitment. It may also be that both
would accept the Alpine Road alignment for the expressway in lieu
of the Campus Drive branch.
--by Nancy Jeweli Cross, November 13, 1977
David Stiles, 1931 'r; rry Avenue, Menlo Park, located in unincorporated
San Mateo County, represented the University Park Association, which had
gathered signatures for a petition asking for an Environeental Impact
Report. He read the petition:
"We, the undersigned, consider that the Sand Bill --Willow Road
Project will have adverse impacts on the environment. We also
consider that the proposed Frontage Road portion of that project
will have adverse impact.. We think there '4011 be significant
adverse impacts on traffic circulation, energy use, air quality,
sound, and visual beauty. The environmental effects of the project
will have substantial adverse effects on us.
We believe that we are entitled to an Environmental Impact Report
on the project as a whole, exploring in depth impacts on San Mateo
County residents. The original Environmental Impact Report did not
include the Frontage Reed portion of the project. AIcernatives to
the Frontage Road have not been explored, such as aligning Willow
Road with Alpine Road and leaving Sand Hill Road AS is, with
reduced trafsic.
We, the undersigned, respectfully demand an Environmental Impart
Report on the whole project, including the Frontage Seed".
Mr. Stiles said be did not have the original petition, hut he did have a
certified copy iron the County of San Mateo, which eras attached.
Councilmember Carey said he had understood that people to whom the
petition had been wubmittsd had been given to uaderatend- by those who
initiated the petition that Stanford was going to abandon the golf
courts* and therefore the cut-off to Alpine Road was a viable option. He
asked how they had learned that Stanford was going to abandon its golf
course ---it was news to his.
Dr. Cross replied that ,abs did not recall using the rid 'abandon' but
she said that the Stanford long range land use policy pion on file in
the library, which was about 37 pages long and from which she had
obtained the big map, had a page of alternative locations for the golf
course. There was also a statement in the plan that its plans for Sand
Hill Road were for an industrial park or office building and medical -
center relsaed facil.ites. She bed spoken of that information to an
acquaintance, who use score of Stanford's plans, which surprised her,
because most people were not. She thought the rationale that accounted
for it (the lack of information on the part of ct'hers) was that "naturally
they're not ready to give array their land, but they do have some things
cooking --this plan of alternative locations use published in. 1971."
The golf course Issde about $200,000 a year, and at 200 acres that was
about $1000 an acre, or lass these $100 a month per acre. They could
slue more in office buildings than on a golf course for they had suitable
land for relocating the golf tours*. White Stanford could not be -expected
363
11/21/77
to retain the golf course, an alternative could be offered Stanford of
buying the golf courae for a streamsida park. That is what her Committee
vould like to see done.
Corrected Ceuncilmember Henderson ascertained with Dr. (tress thee University = rk
I
pee page ACAo a triangular unincorporated area in San Mateo County, where the
482 adversities would be concentrated. Negotiations between Menlo Park,
Palo Alto and Stanford had left out representation of University Park's
interests--making111 them dependent on the pleasures of City Cot;ncile who
were not particularly caring about those interests. People who lived in
the Searsville Block were in Santa Clara County. They were in the same
nisition, and they had no voice in Palo kito gcverument.
r
Charles Sims, 2006 Sand Hell Road, Menlo Park, said regarding assessments,
he had understood Council to say that those who got the most benefit
from the road should pay the most. One speaker has said that no one but
the Shopping Center would get any benefit from the enlargement of the
road, Only recently he had become interested in the matter, for he was
ertainly affected, and he had reads the Environmental Impact Study that
morning, a lengthy document.
The EIR had confirmed the earlier speaker, who had said the improved
Sand Hill Road was "not going anywhere," nor would there be any increased
traffic. "...so what are we building this road for?" The bulk of the
traffic on Sand Hill turned to go on Alpine, he said, a street for which
there were no expansion plans, fora "pretty big cliff" made it quite
difficult. He said he did not unde stand the El Camino intersection;
he had asked the City Engineer to give him some perauasivo information
about what good it would do to improve Sand "ill, and the City Engineer
had replied the rood would help, but not why the road would help, in
spite of improved stoplights aed a computer system Mr. Sims suggested
just buying the computer system and putting in the stoplights and not
building the road. He deplored the waste of money.
John Breedlove, Stanford University responded to an earlier exchange
between Counc.ilmember Carey and Dr. Cross about the golf course: he
thought Dr. Cross might be referring to the Livingston -Blaney report of
1972, a plani+.ing study received by the Trustees of Stanford but never
adopteJ officially as a master plan for Stanford for its land, ' fact he
thought Dr. Cross was aware of all along. The golf were* ems an important
part of Stanford's acadesaic plan, and there vas "absolutely no intention"
of moving it.
MOTION: Council:e mber Fazzino moved, seconded by Clay, that Council
approve the staff recommendations as follows:
1) Continua to December 19, 1977, the Public bearings concerning
the Engineer's Report under Division 4 of the Streets and Highways
Code as it relates to acquisitions and improvements, and the
Engineer' a Report as it relates to the details of the project; and
2) Set a new Public Rearing for Dec r 19, 1977 (regarding
incre sed assessments) by adopting the Resolution of Intention to
make changes and modifications;
RESOLUTION 5481 entitled "A RESOLUTION
OF INTENTION TO MAZE CHANGES AND MODIFICATIONS"
3) Adopt a Resolution of Intention to vacate future residual street
rights -of -way along Willow Road (Sand Rill Road)
RESOLUTION 5482 entitled "A RESOLUTION
OF INTENTION TO VACATE FUTURE RESIDUAL STREET
RIGRTS-OP-MAX ALONG WILLOW ROAD (SAND RILL ROAD) ."
366
11/21/77
AMENDMENT: Councilmember Fletcher moved, seconded by Henderson, that
_both of the public hearings be deferred until January 9, 1978.
Councilmember Fazzino asked lien Peeleski, Direetoe of Public Works, if
January 9 would fit the pro.tect's schedule.
Mr. Pawloski said staff had chosen December 19 because it vas the
ear` 'eat date at which the ,eublic hearing could be held, according to
certain legal requirements about public notification. Concern about a
later date had to do with escalation, prices and the like if the project
was delayed.
Councilmember Fazzino said he saw no reason why the first public hearing
could not be held on December 19 --he would told with hie original motion.
Councilmember Fletcher expanded that Christmas week would be "a very
inconvenient time for the public to come and speak.to us."
Councilmember Carey said that when the assessments wars worked out it
was likely that the public hearing would be short.
Vice Mayor Brenner said she thought, in the light of having bean told
that the most important public hearing was the one at which asseesmente
were discussed, that the hearing should not be held at a time that was
inconvenient to the public. She thought an after -Christmas date would
net be undue delay.
Councilmember Eyerly confir*.rad that the asscaemant figures would be
those which had been submitted that evening; November 21.
Vice Mayor Brenner asked Ken Jones if the tenants would have received
their assessment notices by December 19, that is, people such as com-
mercial renters in the shopping center. Did bond counsel have the
responsibility of assuring that not only the landlord but also the
tenant was notified?
Mr. Jones replied that his firm had gone oat of its way to identify all
of the parties who had any kind of financial interest in any of the
properties and notify thaw of the public hearing. The firm intended to
follow up with the nailing of the revised figures. The revised notices
had to go out at least 20 days before the date set for hearing, and so
it ways expected that they would get in the nail that very reek if Council
set December 19 as the public hearing date.
Vice Mayor Brenner said she would vote for the amendment but she reserved
the right to further discuss "the various aspects of it," and that such
discussion on the 19th would be wide open.
Mr. Jones replied that all the aspects of the project
that evening would still be open on December 19.
Councilseober Clay asked if staff or bond counsel had
to which the hearings veld be continued.
Ur. . Janes said he had recommended December 19.
before Council
a preferred date
AMENDMENT PAILS: The assent setting the date for the public hearing
as January 9 failed on the following vote;
AYES: Brenner,. Pletcher, H.odersom
NOES: Carey, Clay, truly, Fuxin
ASSENT: Sher, Wit erepoon
3 6 5.
11/21/77
MOTION PASSED: The motion that Council adopt the staff recommendations,
including setting the hearing date for December 19, 1977, passed on a
unanimous vote, Counaiirember {itherepoon and Mayor Sher b___.
c� Mayor Sher absent.
RECESS:
eee q
Vice Mayor Brenner said that after recess Council would take up those
matters which had to be attended, possibly continuing the balance of the
agenda. Council recessed from 9:30 p.m. to 10:00 p.m.
DISCUSSION OF SETTING PRIORITIES ON AGENDA
Vice Mayor Brenner said she understood that the County Housing Task
Force Report way an urgent order of business; Assistant Manager Charles
Walker had suggested also continuing the matter of F::ber Place and
amending the Comprehensive Plan.
Councilaember Carey pointed out that Mr. Segal, in the San Jose Mercury
report, had recommended turning the County Housing Task Force Report
over to respective citiet for comment, which would take until February;
he suggested that the urgency of the matter was somewhat lessened.
Naphtali Knox, Director of Planning and Community Environment, said that
Mr. Segal`a comments, as he u deratood them, referred to the question of
a ho•ising agency. The task force report, before Council, had a number
of specific recommendatione which could be discussed, except the one
concerning the formation of the housing agency. Council could also make
some statement with respect to the County Housin6 Agency so that the
Board of Supervisors could have the statement before them the following
day. Mr. Knox said he recommended that Council perhaps state the;: the
housing authority should remain separate from, and outside of, any
county housing agency.
MOTION: Councilmember Clay moved, seconded by Fazzino, that the matter
concerning 2500 Faber Place be continued to November 28, 1977.
Councllmember Eyeriy said he saw no advantage to continuing the Faber
matter. He acknowledged that he understood Vice Mayor Brenner's
wish to bring forward the matter of the County Housing report. He
suggested that it be brought forward, with the public hearing on 2500
Faber Place to come later.
Councilseaber Fletcher said the item she had introduced about Southern
Pacific railway commute tickets might take soma time, and it was urgent.
She did not want to have it wait until after the hearing on Faber Place.
Vice Mayor Brener said she was working toward implementing the wish
expressed by some Cowncilmembers for earlier adjournments.
NOTION PASSED: The motion t.. continue the public hearing and the
Plannitg Commission recommendations on 2500 Veber Place passed on the
following vote:
AYES: Brenner Clay, Fazzino, Fletcher, Henderson
NOES: Carey, Eyerly
ABSENT: Sher, Witherspoon
366
.11/21/77
COUNTY HOUSING TASK FORCE REPORT (CHR:53a.:7)
Mr. Robert Mang, chairman of the County poi}et,ng 7esk Force, said he
understood Mr. Knox had prepared a thorough commentary, and he himself
would stand by to answer questions. -
Mr. Knox said the rep.rt had been given to members of the Council and
the Planning Commission. From the report he had put together a three -
page list giving, by purpose, the "headlines" of the task force's
recommendations. In response to the question of how the task force
report compared to Palo Alto's Comprehensive Plan, he had used the list
to go through time City's empl-yment, schools, parks and 2-.ousing elements
of the Comprehensive Plan. He had a transparency showing that about .me
dozen of the four dozen county recommendations bore direct relationship
to the Comprehensive Plan, and on which they were in accord. However,
some of the matters referred to by the county had to occur on a county
basis -sit was a matter of "apples end oranges," ,"
as exemplified -b;
recomeeedation 1A3 of the County report on criteria relating to jobs/
housing balance and its epplicati.cn to LOCO annexation deciaiona.
Palo Alto's sphere of influence was so drawn as to mike that an unlikely
City concern, Another example was 1A5, "Evaluate andpublicizethe
county -wide impact of industrial development"; Palo Alto's plan had not
looked into the county -wide impact. The Sunday Mercury News carried a
good article by Bob Elder which he had duplicated and given to Councilmembers,
on that subject. Mr. Knox said that in his eleven -page report be had
made three recommendations to Council: 1) Council should take some
action to support the general thrust of the county study and endorse the
need for a coherent county ;wide housing effort; Palo Alto had lived with
the housing aeohlem and had taken action to acknowledge that the problem
was becoming intensified, and county -wide, and needed county -wide action;
Palo Alto had often been vocal and the county looked to Palo Alto for
support; 2) Council should indicate ways in which Palo .Alto would be
prepared to assist the County to take local action to meet county -wide
needs and goals; Palo Alto could be prepared to work with the county and
private developers in air -rights developments or mixed -use -developments --
the kind that were recd a girded in the county housing report --land values
were increasing and laced was being used up to such an extant that the
question about air -rights development, for example, were appropriately
asked at the present time; and 3) Council should speak to the question
of whether or not a county housing agency should he established, and, if
so, if it should include or exclude the County Housing Authority. Mr.
Knox said he had stated in his report that the City had a very good
relationship with the County Housing Authority and the work they had done
for the City. He was unsure of the number of units the City had which
had been provided by the County Housing Authority —he theugbt - the county
managed 146 units in Palo Alto, half of which were under. Section 8 and
the other half under Section 23. Those under Section 23 had been
provided by a combination of Feral money and the City's 'piggyback'
program. The City did not know where the units were, for they were
leased by the county and rented back to very low income families, with
the county maintaining and managing the ;nits —the county plan provided
housing for low- and moderate -income families in a vary ai* ificant way.
Mr. Knox said ho hoped that if Council had any feeling at all about a
county housing agency, that such an agency not include the County Housing
Authority. He thought the Authority was working well and should remain
an independent authority.
Councileember Byerly asked if the Association of Bay Area Gevernmeats
(ABAG) would be sending the City a housing report. 1Wo there coordina-
tion between it and the County Housing Authority?
Mt. Knox said AUG had a regional plan; he had attached a two --pegs
report prepared by laid -peninsula Citizens for Fair Reusing Wig) on
367
`'11/21/77
October j.8, compering the regional ABAG housing plan with the County
Housing Task Force Report. His feeding -was that they were wall synchronized.
The county want intn riir_si i .4410,ra AZAC,C did slot, withthe county also
being more specific. He had not read the ABAG regional housing plan.
Also due was an ABAG management plan with recommendations 'elaticg to
jobs and housing balance. There was some overlapping, neking.it difficult
to keep in mind what the County Housing Task Force is saying about jobs
and housing balance and vest the Environmental Management Plan was
saying on the same topic, but there were some similarities.
Coun`ilmber Eyerly said he wanted to get some feeling for whether or
not there was any conflict between the two reports and .w at Council was
being asked to support.
Mr. Knox acid he thought the two were in harmony: he suggested asking
that question of anyone who might be in the audience that evening from
Mid -peninsula Citizens for Fair Housing MM.
Vice Mayor Branner said she thought it was important for Council to get
a feel for the topic so that Palo Alto, as a member of feoth AUG and the
county, eid not find itself in conflict.
Coueclleember Fazzino said his specific concern in the county housing
report was recommendation Al, "Development and promotion of actions to
increase the number of residential units in commercial/industrial areas."
He asked Mr. Knox haw tar the Comprehensive Plan went toward implementing
the proposal.
Mr. Knox read the heading on a projected transparency: "Housing: A Call
for Action". He added that notes in red related to the.program in the
Comprehensive Plan. He raid county program I.Al '.sus pictad up in Employ-
ment programs 2 and 4, and in Housing programs 10 and 11 of the. Comprehensive
Plan. Program 2 was "To establish procedures to permit housing beyond
established zoning standards in industrial zones." That was in line
with a county recommendation to increase housing in industrial areas.
Employment program 4 was "`fo revise the zoningordinance to defer further
encroachment of offices into multi -family zones." Thatwouldincrease
the number of residential units in areas now possibly.eonsidered come
aerciai . Housing programs 10 and 11 were "To provide incentives for all
new retail and office construction to provide some proportian_of residential
space on or near the same site and to facilitate the development of
residential units on air -rights over public and privateparking lots in
commercial and industrial districts." Mr. Knox enumerated:which county
program related to which City program, reading fromthe projected
transparency. He said Council could specify that the related programs
so listed on the transparenc.es were specifically endorsed by Palo Alto.
Many msmbsrs of the County's Task Force onHousina has been aware of
Palo Alto's Comprehensive Plan, and some of the items in the county
report had been utilized from the Plan.
Covnceiee ebsr Fazzino asked if anything had been done by the City to
date to emplement LA1, "Develop end promote actions to.increaae the
number of residential units in commercial -and industrial areas." If
not, was anything planned for the future? -
Mr. Knox said that the. City had permitted residences in commercial
zones, up to an R-2 density about three year. ago.: Ths-prat draft of
the new zoning ordinance would go further and reewssad : a 50 percent
increase in 4meity in commercial areas, and not riefeere.the kinds of
usable open space now required per dwelling unit in other areas; there
tiouid also be a different formula for calculating parking. If the new
formula was adopted the City would have takrsn:an action to: increase the
number of residential units in commercial areas.
368
11/21/77
Courr ilmenber Fezzino said "But today we have no geinsa pig."
Mr. Knox asii that one exempla (of - in fact having . a 'guinea pig') wee
that the boundaries had recently bean 'shrunk' around the dowttown area,
rezoning the peripheral areas into multifamily. Thereforethe number of
residential units in commercial areas had been increased.
,Vice Mayor Brenner said that dowztoi'n Bryant and Ramona streets confirmed
his s to tesment ,
Councilmember Fazzino asked if it Was possible that anything else on 'a
major scale would be done before adoption. of . the zoning ordinance.
Mr. Knox said chat Barron Square and the McElroy - site .were on a major
scale, both areas which had formerly been commercial.
Counciimeeber Fazzino said one tantalizing possibility fee increased
residential was the Industrial Park arena. Be asked if anything there
was planned.
Mr. Knox said that there had bean a program requiring.houeing on in-
dustrial sites but it had beaen stricken or modified. Housing program 11
was what remained of that program —development of residential units on
air -rights over parking lots in industrial districts. The initial
program would have required housing on a one -for -one basis. It had not
been adopted in the Comprehensive Plan.
Councilmember Fazzi o asked if any specific implw.ctetien had been
suggested for housing on induetrial sites.. Se referred to page 5►r.
Mt. Mang replied that he thought specific auF,,gestionr-r could be another
step in the process. That was the kind of thing they foresaw the county
housing agency stimulating. At present. as chairman of the task force,
he was engaged in discussions with some who had developed on industrial
land, and he did tot thick residential would be built there -Mary soon;
someone was needed on a to:mty-aside level to pursue the matter, which
was made more complex with leasehold question's, air -rights, and the
like, involving several properties. Regulation on density and zoning
also had to be worked out with the cities involved:
Conncileeiber Clay asked how the vote a few.yaara back had run about
Article 34.
City Attorney Booth said the wish to repeal Article. 3i and foiled
overwbe1r.�lj's ' as he recalled, with t ear to'-. ! against-, in every
county in the state.
Councilmember Carey asked about implsamutation of meal mandatory
requirsa ants, namely ABAG/!!l`C. Be thmeght.the stodar ems being financed
with federal funds under the Air Quality Act. Ms questioesd the force
the results of the study might have on local governs t. Withholding of
federal funds seamed to be effective to bring about maesicipal cmsp liaace .
Be said he was concerned because there mss . a City P]aa, - s legioual Plan
was due, and now a County Plan mom before ; had - staff made any
analysis of the county vs. the regional pins?
W. Knox said be had read the immlimmmommtal d!!hmaganeat . Plana which had
been sent to Council by AUG end be bad written a staff am a1.ysis on the
air quality maintenance plan, with had wade up a -fend►. of the environmental
plan. Mark Barris and Hen Psarloaki snare esew. writing their . portions and
it would be given to Council meat week. It said _ be bed pointed out in
his analysis that trying to analyse lIa's plaa sae' digs trying to bit a
moving target, because it kept assess. Moen it cane -sot it bad said
36
11/21/17
there would be stringent land .se control', and that 1 percent of the
growth that would' otherwise occur in the B y Area and South Bay Area
would shift to North County, and that there would be sanctions, by the
withholding of federal and state funds for needed urban infrastructure
(sewers, streets, street lighting). ABAG staff h'd advised the City,
and staff had read in the newspaper, that, as a result of hearings by
the South Bay area, that the -AnAG staff had pulled t4i k -:n their recom-
mendction and was no longer calling for the 'witch in growth in the
longer
Scutt to the North or for the sanction; instead they were subs;tituting
the jobs/housing imbalance. Mr. Knas said.ba did not know ABAG'e view
of the jobs/housing imbalance--ABAG would be present at.the next leeting
to answer those questions. Ha ejusssed it meant that shortened commutes
would result from bringing jobs and hoses together.. I r. 3<nax said he
had tried to point out in his report. that there were soma problems with
ABM's simplistic analysis, because both job and housing markets were
too tight. Re understood, in talk ng with other planners, that what was
picked up in the AUG report was what had copse out of the County Housing
Task Force Report. In the county report the City was dealing with one
county and fifteen cities; at the AUG level they were dealing with 90 -
some cities and nine counties.
Chances for modifying the approach ware best at the Santa Clara County
level, as were their chances for understanding. Be said he advised
reading the County report rather than waiting foe' the AB&LG report, for
he, himself, had a difficult time keeping them separate in his mind.
Ccuncilmember Eyerly read some statements from pages 52 and 53 of the
Housing Task Force Report which suggested to him that a new bureaucracy
wan being suggested for the county ---and the cities had to provide the
necessary dollars. He asked what costs were being indicated —without
clear parameters he feared a big department was being planned.
Mr. Mang said definition of the plan would depend on the Board of
Supervisors. The Task Force had asked the Board if they would put an
agency into effect by the first of the year. A report from the County
Executive's office outlined functions of such an agency. Mr. Mar.g said
he agreed. with two alternative proposals and he outlined hens he would
extract from them as a base for his recommendation to the Board of
Supervisors; a director pleas four senior staff peoplee,.at first to be
derived from Comprehensive Education Training Act (C!'LA) funds, along
with some clerks, leading to a staff. of about.nine peepLs.te begin with.
Mar. Matt said be would recommend that the director be iirected by the
Board of Supervisors to go to each of the -cities to resoles two questions:
1) ask bow the county could be of practical assisten a in promoting
housing programs; 2) ask cities if the agency should be . a' pat t of the
Housing Authority or remain separate.. Owe . reaomsmndatien was to include
it in the bouairg agency. Mr . Nang said .these wee no hams to - in resolving
that question, and perhsps_it should be-.def rrsd-until.1978, when what
the cities vented the agency to do, and when, the ajency.tsould do, would
be more clear. Beginning functions would l -policy de welopasnt and
evaluation, including developing hosing policies, evaluation and
publication of the impact of county -welds dousing and Indust .al/coemraarcial
development, and ot'hes housing research. Another senior staff person
would be in charge of intergovernmental housing coordination, that is,
interaction with cities regarding development of mined lead _use, residential-
rcial-industrial, and increases, where appropriate, of residential
densitiaa, and aiming to achieve an -equitable job/bsnstmg.balance, on
either a sub -regional os . city basis. Also, thl_ director sous be in an
advocacy position along with the director, at regio l,.state end. federal
levels, lobbying for things which time - cities heed . t e ceu tp _wished. The
portion could also be in charge of interaetien ,ith . LARCO. and - also the
development, and staffing of the growth imentgemenCatimmittes, a 'prePosal
that was separate from the Task Force recommendations.. finally, there
370
11/'2tI77
would be a comerasnity dsvolopeent and hausaing pert of . the county budget
to help pay for the proposed agency, and housing sereices would be
contracted out. There would be ;owe responsibility for hteeine preduction,
;corking with the cities to cry to stie i.cts certain kinds o2 housing
including i.:. eettive aouming, model projects and also - working to promote
land banking and inventorying of sites where rssideucse mould be appropriate.
The foregoing functions were Manageable if it were regarded as a service
agency for the cities. If ti3o county did ell that.by itself it would
mean a fairly large agency, which he did not favor.. The task force had
recommended the formation of an agency with eons rt; ucrsnce. It had been
the view that amen; the fifteen cities there wan need far a central
entity to carry out the program equitably. 3mlo.Alto had been exemplary
in its development of housing meads sad impless utatien of those needs.
Councilmether Henderson asked sheet powers the agency mould have over
enforcement and participetioa. by tae cities---4ew, far example, could Los
Altos Hills be forced to comply?
Mt. Mang said the county did not have et let -of ileac in - that regard. The
report gave some areas the .runty could week on•with city balp, specif-
ically, there vas the quost4.on of whether or not state howling policy
ar..:3 housing elements should be mandatory orreeommended. He thought
there wee need to use a measuring stick that bad been arrived at
cooperatively. Also, in the grant review process the county had a right
to comment, and the task force recommended, that the county look at
housing as an important criterion to be employed a few years hence, to
give the cities time to indicate if they would 'es cooperative. When it
appeared that a city was not cooperating, the task force recommended
that the county begin to use some lieited powers. Mr. Meg did not think
the success of the agency ultimately rested -with any powsrr it might
have; for it had to rest with the full cooperation of the cities end
determination on the part of the Board to find wags -to bring about that
cooperation. He liked Mr. Knox's recomendation, -wbiab -vacs not in the
eport, regarding the sub -regional commissions that might advise the
proposed housing agency end the . Board of Supervisors, : thus allowing
Palo Alto and _other cities, through their eepresentaative s, - tc advise the
agency and the Board without having to be ieeolvsed:to.satters of a cite
some fifty miles away where other-commessien a s -would be active.
Vice Mayor Brenner noted that it had been advised _.that . Commeil bring up
the matter of the . proposed agency at . a point , later - in: the • cenaideratione,
for it did raise the mart doubt in Coumci.3a •ts' -ad s. : First it
would be vise to go over the other items one by one.
Mrr. Mang said be would be pressing- for a different solution then that
recommended b -- tine County ExacJutive-'-bs would recommend that the director
of the proposed icy w041d be instructed to go to the cities to try to
work out a plan. He hoped the citios weld =went on each of the 41
recommendations which sapecifically applied to them.
Coumcilusmber Carey said be did not vent to so over the specific points
that e7aning, though be thought Council Could perhaps reach a consensus
to postpone rather quickly.
Hal. Hudson, president of the Palo Alto Housing Corporation, said that
three meubers of PABC bed attended a presentation by the task force to
the Board of Supervisors end bad then set up • r0ostttose to respond on
behalf of the Eonsius Corporation- to those rsaommondatitws. Pros that
had evolved awls `of their own recosmendat cons Bch ware - to be presented
to the Board of $up+arvisors.
Mrs. Eleanor fir, Secretary of the PAHC Board and the Chairmen of
the PARC committee, said thef the main question before -04 Baird of
Supervisors would be Which housing program -are itkaly to be soot
271
11/21/77
effeeoiee and the role of the County in Implementing them. She said she
-
+ould speak to the question of theappropriatecounty rolo, an.i she read:
"The Housing Corporation agrees that the imbalance between housing and
jobs and the general shortage of housing are growing problems within
Santa Clara County, and extensive efforts will be required to improve
the situation. It is apparent that those governmental entities controlling
land use will have the principal voices in making decisions affecting
housing supply and industrial growth. Since basic land use authority is
vested in cities as stated in the County Executive's memorandum of
November 14, 1977, the county's primary role would appear to be as
advocate and catalyst to persuade cities to take action which, o"er
time, would help to deal effectively with the housing/job imbalance and
with the shortage of housing for people of all income levels. Under
these circemstances we believe the creation of a county housing agency
is not warranted, and that if it were established it would become yet
another layer of bureaucracy which would add cost and delay, without
necessarily increasing, the effectiveness of housing programs. Funds
needed to operate the agency would be better spent, for example, on a county
rental assistance program, s milar.to the federal. Section 8 program or
on some other kind of direct housing assistance for those who need it
most. From our preliminary analysis of the 41 recommended actions we
believe that the housing agency structure is not necessary to it.lement
what we perceive to be the workable recou'endations, and would be unable
to implement the more questionable ones. We also do not favor any
action which would make the Rousing Authority of the County of Santa
Clara a part of this proposed agency, As an independent; entity the
Authority has developed s good working relationship with mast of the
citie of the county and we would not rant to see this relationship
jeopardized. As an alternative to the creation of a new agency we urge
the Board of Supervisors to use existing entities to plan and coordinate
housing programs and to monitor their implementation. I: appears to us
that there are already enough agencies in existence and intercity
coordinating organizations such as the XCC and PPC to address the
problem. Therefore we lean toward the second alternative in the Housing
Executive's moemaorandum; that is, the designation of a housing department
within the existing Environmental Management Agency. This well(' appear
to allow a better use of existing agencies, and would maintain independence
of the Dousing Authority. The County Executive's memorandum outlines
the present principal functions of the County Planning Department
concerning sousing and other issues. We suggest that perhaps the staff
of the housing department might be directed toplace greater emphasis on
incouraging the implementation of the desired housing actions by the
jurisdictions in the county. Distribution of the Executive's memorandum
for comment could well bring forward other preferred organisational
structures to get the job done. At this time ve have no answers to the
questieu of which housing programme are likely to be the most effective.
A proper evaluation of the 41 vecommendations in the task force report
requires more time than we have bad sliec copies of the report became
available to us oily a short time ego. At,a lister date, however, we
would welcome the opportunity to cwt, particularly on those recom-
mendations with which we have had experience. Many of these are in
Section 2A, Actions to Achieve an Adequate Rowing Supply for those
below ilium Income. Several of these recommendations orvariations of
them, have worked well in Palo Alto programs; likewise, many of the
activities listed under Section 5, to provide necessary housing services,
already work well in the citiec where they zero: presently located."
line Klauuminaer said her committee bad met three times and had gone over
the 41 recommendations but were es yet unable to make a statement
concerning theme. Thecommittee was pleased that the major problem of being,
which effects the mare county, was now receiving the kind . of concentrated
attention it deserved. The committee hoped there would be future
opportunities to address the recommendation& ima the report and to consider
other organisst c+ma1 structures toimeplarent housing services at the
county level.
372
11/21/77
Councilaeambe;. Clay eked if PARC wanted Council support for the foregoing
statement. He thought perhaps, such a statement, endorsed by Council,
might have more impact.
Janet Owens, Vice President of the Mid -peninsula Citizens for Pair
Housing (MCFR), read the following: "It has frequently been said in
this chamber that housing is a regional problem that cannot be solved
by Palo Alto alone. This is indeed true. Now there is a chance for the
City to work with other cities and the county in developing programs to
improve the housing situation. We support the first and second staff
recommendations and urge you to adopt them. We urge you to 1) support
the general thrust of tha report and endorse the need for coherent
county -wide housing effort; and 2) indicate ways in which Palo Alto
would be prepared to assist the county and take locel action to meet
county -wide needs and goals. With respect to the third recommendation,
we call your attention to the November 14 memo to the Board of Supervisors
from the County Executive which presents two alternatives for Bounty/
staff organization. One includes the Housing Authority -within a county
hoaxing agency; the other leaves the Housing Authority as now constituted
and provides for a housing department within the county Environmental •
M: agement Aency. The County Executive recommends that the tack force
report and the alternatives for staff organization be referred to the
fifteen city councils, PPC, the City Manager's Association, and the
Santa Clara County Planning Officers Association, for comment. Therefore
you will undoubtedly have time in the near future to work with other
cities within the county to develop an organization. You may, therefore,
wish to defer any details of this part of your discussion to another
day."
Hs. Owens continued, saying she would like to clarify a few of the
cnaments made in the City's staff analysis of the report: 1) the
newspaper article citing lack of profitability in home building, referred
to the year 1975 and to country -wide data. She was certain that 1977
data for San Jose was closer :o the reality in Palo Alto. 2) It was
true that southern San Mateo County was part of Palo Alto's housing
market area and the ratio of jobs to housing in the particular sub-
regions in the staff analysis was 1.47; that ignores the fact that there
are job -intense areas, Redwood City and Sunnyvale, just outside the
defined area, which aleo rely on the def fixed area for housing. She
raid there was a critical imbalance in North Saute Clara County which
must be addressed by the cities of North County. Only a fee additional
workers would be able to find housing in San Mite* County. Santa Clara
County could not rely on Sam Mateo County to solve its housing problems.
The price chart shown on page 28 of the Hosing Task Force report and
the text related to increases in the coat of new housing during 196$-76,
not to total cost of new housing, as suggested in staff analysis. The
iopact of local lead we, policies varied froos_ situation to situation. The
overall picture was clear if all of the aatio by .' 9ca1 government were
included in the analysis, for examp1. , time delays for revue by more
than owe commission. Local government affects compoments comprising
More than half of the increases in the six . -year period. $ore oppor-
tunities for helpful actions by local governments might exist than were
expected. Palo Alto had donee much more than - many cities to alleviate
housing problems het the problems continued to grow, end no real headway
wee being nada. The talk fez:0;urged greater cooperation by local
governments. NCPH bad arrays esn optimistic about solving housing
problems. Mere emphasis oa the problem by the county, gave their
optimism a firmer base.
She observed that .lie's report on housing was a lraft--the finesl report
wee now available in all Say Area librariM and could be purchegd for
$2.00. She felt the City coned respond to the report with its own
coecerne, rich mould sot conflict, for all concerns were the concerns
of MAC and the county.
373
11/21/77
Councilmember Fazzino preiaed the work of the committees and task force
for many workable recommendations.
MOTION: Counc.,Imember Fazzino moved, seconded by Henderson, that
Council go on record as endorsing the Housing Corporation's recommendations,
and to submit them to the County as the Palo Alto City Council's position
on the issue.
Vice Mayor Brenner asked if there were any direct conflicts between MCTH
and PAHC.
Eleanor Klauninzer replied that PARC did not support formation of a
county housing agency, and did support formation of a housing department
under county environmental management. No budgetary quotations had been
given,
Vice Mayor Brenner summed up that PARC was pulling back from making
definitive recommene..tions, and asking that the Housing Authority be
left as is.
Ms. Owens said that MCFH thought it important for the form of the
housing agency to be worked out within the cities of the county.
Councilmeaber Fazzino asked if the Housing Corporation intended to
follow up on the matter, and return to Council "at appropriate times and
offer recommendations." Receiving an affirmative reply from Mr. Hudson,
he explained that he would like to eee the cities and county attack the
workable recommendations within a few years. He favored attack from the
view of residential/industrial mix.
Councilmember Carey supported the motion, and complimented the PARC for
"its very fine statement."
Counri/member Henderson diamiased same notes he had made in favor of
endorsing wholeheartedly the PARC statement. Be asked if the motion
before them had the sense of Council giving support to PARC's point of
view.
Comeilmember Fazzino said be would consider PARC's statements as
incorporating the official City position.
Vice Mayor Brenner suggested that the City "not ;team to a couplet*
conclusion until we have discussed some of thn other problem, of the
report."
Mr. Mang asked if the PARC was opposed to formation of a housing agency.
He thought it premature to adhere to one recommendation, though the
City should make clear what its feelings ere on the subject. He
thought that apart from the statement saying the City did not favor the
formation of an agency it was not clear.
Vice Mayor Sreamer said sat thought the sense of the motion would be
that the City was "leaning toward" the content and Conclusions of the
PARC report, which was not a definitive report, and was a "rather gentle
approach and suggests that 'this is A good way to go.'"
MOTION PASSED: The motion, that the Council go on record as supporting
the Housing Corporation's (PAEC) recommendations, and to submit them to
the County as the Council's position, passed on a unanimous vote, Mayor
Sher and Cauncilmenbsr Witherspoon absent.
Councilmember Carey said the subject of proposed formation of a housing
agency was not closed, for many issues had been raised; he thought
Council should be on the alert for any possible mandatory requirements
placed on the City by the county. He would oppose every one of theme
ehoaid they be made. Is did mot wept the City to give even tacit
agreement to emodato y qty rsgoisemeste. He thought the county tint
wrong jurisdiction to tackle the housing pa 2...
374
11/21/77,,,
Vice Mayor 8re-..sex referred to page 66 of the cask force report, which
suggested to her _tine; ,the county would be back into t!e urban services
area, which, to their credit, they had withdrawn from a feu years ago so
fa' as unincorporated areas were roucerned. She thought the county
might be threatening cities with "If you don't '.o it we'll do it outside
your bordsro," which she thought inappropriate. Page 70, of the report
regarding implementation, said: "Direct staff to monitor city and other
local government housing policies to insure conformance with state and
federal law." She wondered if the county was the proper policing
agency --she did not think so. She said that on page 71 a sentence
contradicted the first sentence she had read: "The state is r oponslb}e
for creation of cities and for delegation of powers to them." $he felt
those aspects of the report that set the county up as a policing agency
should be spoken to at the present time, before they went any further.
She planned to inject that viewpoint into the discussion to take place
the following day.
Councilmember Fletcher said Counnilcombers had a general sense of the
issue and she pointed out the lateness of the hour for going into
details.
Mr. Mang said that with the houoing teak force report he had been
informed that the cities had essentially fulfilled their requirements so
far as the county was concerned, and that fact would go a long way with
the county; there could be actions on the part of the county which
would benefit the cities also.
REQUEST OF COUNCILM MBER PAZZINO RE
TERM LIMITATION FOR COUNCtLMEMEERS AND/OR
COUNCIL APPOINTED Ct SSION AND ES
MOTION: Councllmember Fazzino moved, seconded t', Fletcher, that
the matter coucerc3ng term limitation for councileembers and council
appointed commission and board members be continued to November 28,
1977.
MOTION PASSED: The motion passed on the following vote:
AYES: Brenner, Eyerly, lgaazino, Fletcher, Aeadarson
NOES: Carey, Clay
ASSENT: Sher. Witherspoon
Councilmelber Carey remarked that if the motion were mode the following
week be would move to table it. The matter bad been discussed in great
detail one year ago; he would resist re -analyzing Batters, unless there
were something mow.
Covacilmember Passim said he had read the previous discussion. He bad
two proposals different from vat bad bed, discussed at tenet time, also,
with four nev,councilmembers he thought it worthy of discussion.
Councils er Fletcher commented that tb4 Somas= Pacific bed alataeck
for years that they lost money ou their commute service, and at the
present the Public Util.iti.e Commission (PIZ) was bearing its request to
diecoatiuut sarvvsce an the Peelasule. Mee tt was before PUC so IOW
people had wanted to speak. two more bearings had bees scheduled. She
recalled a samara of unified support for continuation og the service for
375
-11/21/7
it had served a great need. A ruling by Judge Weiss had followed saying
that the entities which were interested in keeping the service going
would have to contribute to- the cost of the comm:'te service. At that
time San Mateo County considered a pltn for buying tickets in bulk at
cost from Southern Pacific and re -selling them to county residents at a
discount. The Transit Board of Santa Clara County had direussed the
plan also, but they had placed many conditions on their possible under-
writing, which resulted in a no -vote. The county underwrite was not
considered an avower to the operation.
Judge Weiss had ruled that if the public entities did not participate in
the funding of the teriice, the service might well be discontinued. The
underwrite was suggested at a stopgap measure until longer range solutions
could be found. Councilmembsr Fletcher said the natter was urgent. An
AUG study had shown that air pollution vouli perhaps improve until 1990
when it would get worse --discontinuing train service was an added
aggravation to the pollution. She said ao savings sould result if the
underwrite were nor: done, for additional roadways would have to be built
"to take care of the people who now ride by train." Public transportation
benefitted the automobile driver by reducing congestion and the like.
MOTION: Councilmember Fletcher moved, seconded by Carey, that the mayor
be asked to send a letter to the Transit Board strongly urging the
Transit Board to enter into a program of bulk ticket purchasing, and
also asking hat the item be declared an emergency item so that action
was legally permitted.
Councilnnember Fletcher said that Mr. Beckett from hetrcpoiitan Trans-
portetion Coman.aaion aaaC) was at the meeting that evening to answer
questions.
III Mr. Beckett said that the plan had r;solved in a committee of the MTC
over a year ago. implemented by legislation introduced by Assemblyman
Corrected Lew Pathan of Daly City. San Mateo County had epsarheaded the interim
see page move of purchasing bulk tickets. The main plan was to upgrade the
482 Southern Pacific, making it a major link for the region providing
commuting from the north to the south, es veil as south to north. The
legislation gave critical dates, which made the matter urgent. irc had
to provide a financing plan by February, 1978,. to the Legislature. The
bulk purchase plan was a temporary solution, intended to go up through
1979, giving MTC enough time to upgrade and fully improve Southern
Pacific service in line with job/housing progress. Council had a summary
Corrected report of the PenPac committee, for an alternative project for the
see gage peninsula corridor.
482
Councilamsber Eyerly asked for the financial impact, or the amount of
funding the proposed underwrite would take. To what degree vas the
purchase of tickets oiling subsidised?
Mr. Beckett said SAMTRANS had already decided tc fund the program "to
the tune of a 30 percent discount." SAMxRMS bought tickets at the PUC-
authorited fare rates and discounted them 30 percent to San Mateo
residents. Santa Clara County staff recomm asded that its Board adopt
a similar program, but discount only -20 percent of the ticket cost. PVC
had granted a 25 percent raise in -August of 1977. Be hoped, speaking as
an M2'C comaisaloner for Santa Clara County, that there would be a single
discount policy for all throe counties. San Ireeneisco had already endorsed
the program, with a couple of sere steps to go through ,before the endorsement
would go through. The item had been budgetedin the county transit
district's budget which had been.) C-apprpvsd earlier in -the year. For
the 20 portent discount it was to - be . $ 215,000 for the .balance of the
ffm :al year., A 30 percent discount would require $100,000 additional.
The nest fiscal year of 1978-79_ would , an $430,000 at 20 percent
discount, or approximately $525,000 at 30 percent discount. For the
376
11/21/77
balance of the fiscal year for 1979-80. for the program would normally
terminate in December of 1979, the figura would be identical to the
first six months of the present year.
Councilmenber Clay asked how the program would benefit Southern Pacific.
Would it not continue with its present objective of discontinuing the
commute traffic?
Mr. Beckett replied the assumption that MTC made was that the PIJC had
evaluated the cost figures nhich Southern Pacific submitted to them then
granting a raise which made them '1461e" in the coverage . of incremental
costs. MTC accepted whatever the PUC has done in =that regard. Two
things Lave happened: first, the opening of Highway 280 mmb+atantially
reduced commutes on the Southern Pacific; second, there had been an
advent of two transit districts---8*nta Clara County and San Mateo
(SAMTRANS). Both had highly subsidized fares —as high.as.90 percent in
Santa Clara County, about 80 percent in Sa.. Mateo. The contrast of those
low fares with the Southern Pacific fare, psychologically if not
realistically; reduced patronage of the Southern Pacific. MTC's longterm
financing 'lane, included the upgradingof the Southern Pacific, which
would cost a substantial amount of money, of the private carrier and
'ubiic service, as comparable to the other major transit opqnratore in
the bay area such as BART and AC Transit. By recent legislation both
BART and AC Transit were obliged to pay at least 33 percent of their
operating costs out of the fare box. MTC thought that was a good
guideline to apply to the ultimately improved - Southern . Pacific (SP)
service.
Councilmember Clay asked about MTC's plans at the end of two years.
Mr. Beckett said MTC would have to have a full program submitted to the
legislature, which be anticipated would require legislation for the
financing, along with some evidence, that it.(MTC) had been successful
during the intervening two years, in stopping and recovering loss of
patronage and in fact gaining patronage. If that was not done he
thought the legislature would say there was not much enthusiasm for the
program.
Councilmember Henderson confirmed . that the amount . of money _ budgeted was
Corrected within the City's present tax structure.
see page
482 Er. Beckett said the moaay . would come from Conies . which' derived from the
Transportation Development Act money, saps tax money from gasoline
sales. Santa Clara County Transit District had been putting some of
that money $.n reserve for the light rail program. Mt. Beckett said he
thought that was one of the reasons some of the Supervisors . were skittish
about the SP program, for they supported light rail end did not want to
give up any money to another program. fix, it had been budgeted for
this year, and tentatively budgeted for the following year. It was a
question of postponing, or determining if the light rail program vas so
close to fruition.
Councilmember Senders** asked if the amount budgeted had been based on
20 or 30 percent.
Mt. Beckett k epliCi `thaat it had best- Mead on. the 30 percent subsidy.
AMENDMENT: Councilmember z erly . sewed, seconded by Sanderson, that
added to the motion be the words Native -30 percent subsidy budgeted
through the County transit tax." The -
AMENDMENT PASSED: The amendment passed on a unanimous vote, Council -
member Witberipoon and Mayor Sher Absent.
e
377"
11121177
MAIN NOTION AS AMENDED PASSED: The main motion, that the mayor be asked
to sand a letter is the Transit Board strongly urging the Transit Board
to enter into a program of bulk ticket purchasing, and also asking that
the item be declared as emergency item so that action was legally
permitted, as armed, passed on a unanimous vote, Councilmember Wither-
spoon And Mayor Sher absent.
LATE APPLICATIJN OF L'3.AJJ LEVY
`FOR fl Aa &JAW
Vice Mayor Braemar said she bad a. note from City Clerk Ann Tanner
asking the Council to set a date for the Human Relations Commission
(.HRC) interviews, If these ere held during the early part of December
there will be conflicts with the Vieual Arts jury appointments which
come in January. The -SRC process was started November 1 so there would
be plenty of time. The NRCC terms commence January 1, - or as soon as
appointments are made. Some suggested dates for 'MC appointments to be
made are as follows: Wednesday, November 30, Thursday, December 1,
Wednesday, December 7. Vice Mayor Treanor suggested Thursday, December
1. Sbe said the City Clerk. also noted that an application for NRC vas
received from Leland Levy after the.5:00 p.sa. Tuesday, November 15
deadline. It was delivered in tha.morning of November 16 by Mr. Levy
who said he had been aware . of the de adlipw. M. Levy's application •
vas attached to the City Clerk's -latter.. Also attached was Council -
member Ellen Fletcher's roquast that Levy's application be included
with the other applications. If Council accepts W. Levy's application
for the current vacancies, his name should be considered for interview
along with the eleven applicatioaa already before Council. Vice Mayor
Brenner confirmed with Mr. Booth, City Attorney, that it was legally
correct t:; do so.
MOTION: Caunc{ilmember Eyerly moved, seconded. by Henderson, that Council
consider Mr. Leland Levy's name along -with other HRC applicants. '"
POTION PASSED: The motion passed on a unanimous vote, Councilmember
Witberapoou and Mayor Sher absent.
HUMAN RELATIONS_COMMISSION APPOINTMENT INTERVIEWS
Council decided to hold Hum Relations Commission interviews on
Decaaaber 7. Vice Mayor Brenner said -she would be able. to arrive at the
interviews .bout 9:00 p. m. The interviews would begin at 8:00 p.m. and
mould roe about 20 minutes each.
—IRNI NT
MORTON: Coumcilmemier Carey.mewed, seesaded by fassiao, . that Council
adjourn.
NOTION PASSED: The motion passed on a - unanimous vote, Mayor Sher and
Councilammber Vitherspoom absent.
1
Council adjourned at 12:00 midnight.
ATTRBT:
G as'L"ity Cle
f '1
378
11/21,"