HomeMy WebLinkAbout1977-12-19 City Council Summary MinutesCITY
COUIICIL
M1NUT€s
ITEM
Oral Communications
John Friedrich, 421 Everett
CITY
OF
PALO
ALTO
Regular Meeting
December 19, 1977
PAGE
4 4 8
4 4 8
Announcement of Executive Session to Take Place During Recess 4 4 8
Consent Calendar - Action Items 4 4 8
Ordinance Re Mechanical Amusement Devices 4 4 8
Ordinance Re Refuse Collection an Disposal 4 4 9
Underground Utility District No. 19 4 4 9
€inconada Pool Building Addition: Park Development
Ordinance 4 4 9
Contract for Civic Center Energy Management System 4 4 9
Contract for Drapery C1ea iug 4 4 9
Housing Corporation's Report on Below-Market-miate Unita
(Recommendation of Policy and Procedures Committee) 4 4 9
Semi dill Road (Formerly Willow Road) improvement Project
Assessment District Proceedings: Continuation of Public
Bearings 4 5 C
Visual Arts Jury Interviews 4 8
Environmental Hanagmment Plan Workshop 4 8 1
Counci.3fsemhar Fletcher re Assistant City dttost*y 4 8 1
Cancellation of Council Mks
Rousing g Corporation Report
Adjournment
447
12/19/77
/-")
4 8''1-
481
.4 8 1
1
Regular Meeting
December 19, 1977
The City Council of the City cf Palo Alto net on this date at 7:30 p.m.
in a regular meeting, with Vice Mayor Brenner presiding.
PRESENT: Brenner, Carey, Clay, Eyerly, Pazzino, Pletcher,
Henderson
ABSENT: Sher, Witherspoon
ORAL COMMUNICATIONS
1. John Prodric.' 421 Everett, asked the status of repairing the roof
of the Veteran's Building.
Vice Mayor Brenner suggested that, since Council did not _ry to
answer questions frees the public at Oral Communications, he refer
his question to staff.
Mr, Predrich asked that the matter be referred to staff at this
time. He had understood from various meetings during 19/6 that
there was going to be a new roof on the Veteran's Building. he
asked that the record abow that the building had no roof at present
ANNO1JNZNT OF EXEC€J r IITE SESSION
Vice Mayor Brenner said that with Councilmembers' consent LA Executive
Session would take place 4urio.g recess. The City Attorney had eaid it
mould not take a very long tize.
CONSDTT CALENDAR
Couocilmember Cry asked that Item 7, concerning the Housing Corporation's
repot on Emlc Market --Bate Unite,, be removed for continnanee.
Councilmember Eysrly asked that his vote be recorded "no" on Item 1,
eecond reading of an ordinance regulating the number of mechanical
mineemmeet devices.
no following items mined ou the Consent CaLe dar :
Referral Items
Nose
Active Items
ORDINANCE LOS MICHAMICAL AMUSEMENT
Iffrarraw
ORDINANCE 3033 estitled,"ORDINANCE OF TDB COMM
07°772 CITY 0! PALO ALTO AMDi a im 4.10
07 TNT PALO ALTO MUNICIPAL. C0I TO PST LICINSNIS
TO 012RATE 0R UINTA= TIE OP MMCMAMICAL
AMUSENNNT D VIA =STING 00 NAT 110 1977." (Pivot reading 12/5/77)
448
12/10/77
ORDINANCE RE REFUSE COLLECTION
AND DISPOSAL
ORDINANCE 3034 entitled "ORDINANCE OF THE COUNCIL
OF THE CITY OF PALO ALTO sUNDING PORTIONS OF
CHAPTER 5.20 OF TM PALO ALTO MUNICIPAL CODE
RELATING TO REFUSE COLLECTIOj AND DISPOSAL."
(First reading'12/5/77)
UNDERGROUND UTILITY DISTRICT NO. 19
ORDINANCE 3035 entitled "ice ORDINANCE AIDING SECTION
12.16.020 OF CHAPTER 12.16 OF TITLE 12 OF THE
PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND
UTILITY DISTRICT NO. 19." (Fi•:st reading 12/5/77)
i CCONADA POOL BORING ADDITION:
I}EVE P r0 IA E
Staff recommends that Council approve the following ordnance for first
reading.
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO APPROVING AND ADOPTING A PLAN
FOR THE CONSTRUCTION OF A SWIMMING POOL
BUIIDING ADDITION AT RINCONADA PARR
CONTRACT FOR CIVIC CENTER ENERGY
• i
Staff recommends the Mayor be authorised to execute a contract with
Commercial Air Conditioning on behalf of the City. Commercial Air
Conditioning meets the City's minority amsp1oyavt program standards.
AGR. Y--HEARTAG, VENTILATING AND
AIR CONDITIONING COL SYSTEMS
Commercial Air Conditioning,
CONTRACT FOR DUPERY CLE A (CMK : 54►6 : 7 )
Staff recommends that the Mayor be authorised to execute a coatrect
with C1asmic Drapery Service on behalf of the City. Classic Drapery
meets the City's minority employment program standards.
--DRAPERY CLEANING SERVICE
Clsaaic Drapery Service
MOTION: Councilmember Clay moved, secoeded by Carrl, that Council
adopt the Coneeat Calendar. The motion ;mooed on a
vote, Councilmonher Eyerly voting '/no" cm the mechanical Eamisesent
device ordinance, e, 'mayor Sher and COMICIAVAISber Wither -epees *beta.
NJ$IOR$ Councilmember Clay moved, secondedby %mio, that Item 7,
concernimg the W ;sing Corporetiod report on Below iNe rket-late units, he
brought forward ea the calsmidirc for continuance. las notionpaste on a
ussei ous vote, Councilmember Witherepoon and Neyor, Sher absent.
449
12/19/77.
Couneflmembee Clay said he would like to see the Policy and Procedures
Committee recommendations placed on the agenda at the same time that the
recommendation from the France and Public _Works Committee comes in,
particularly regarding consideration of payment of board members for
performing staff services. He had some reservations about the Committee's
recommendation being on the Consent CslendOr, for he would like to have
some items discussed a bit more than ehey'were in committee.
Councilaeaber Brenner asked if the Policy and Procedures Committee had
dealt with points other than 5) of this item.
Councilmember Clay said point 5) was the only one be had heard of; he
also wanted to hear more about point 3).
Vice Keyor Brenner suggested continuing only point.5), for the Housing
Corporation had particu4rly wasted Council to discuss the entire matter
that evening, or it would have to go over to January.
Councilmember Clay said that no part of this subject seed critical
insofar as what the Sousing Corporation would do.
Counciime ',er Henderson agreed point 5) should be continued. On the
other parts of the item the minutes of the Policy and Procedures Committee
were complete, and he thought Council should move on them rather than
continue the to January.
Vice Mayor Brenner confirmed with City Attorney Booth that it would be
all right to bring the Policy and Procedures recommendation forward in
order to continue the matter of the proposed amendment to the Housing
Corporation's contract.
SUBSTITUTE MOTION: Councilmember Henderson moved, seconded by Fletcher,
that point 5) of Item: 7 be continued, wAth the balance of the committee's
recommendations to be placed at true end of that ewer ing' a agenda.
Councilmember Carey said he wanted to comment on points 2) and 3) as
well as 1) and 4) ; he thought the entire item would be continued because
the discussions could become lengthy.
SUBSTITUTE NOTION PASSED: The. substitute motion, to continue part 5)
of the Policy and Procedures Committee recordation and consider
parts 1) through 4) later this evening, passed on the following vote:
AYES: Brenner, Carey, Fletcher, Henderson
I BS: Clay, Byerly, Faasin:
ABSENT: Sher, Witherspoon
SAD HILL IVIAD. (FORMERLY WILLOW BOAD
CT
PROCEEDINGS: CONTINUATION OF PURLI
x..r... .� octtiu rosy 11/21/77)
Vice Mayor Brenner said that first the Council, would consider the contingencies
that Council has placed on the project. Ultimately there would be a
formal bearing on the general subject, et which protests would be heard.
First Coua.cil would take up the miscellaneous *ous conditions one at a time.
The Council may ask questions and a member of the public who wishes to
speak to that particular contingency say come ford to the microphone.
The motion for each miscellaneous condition would first be put on the
floor. She repeated that Council wee not into the formal public hearing
450
12/19/77
on forming the assessment district at the p-esent time. Agreements
needed to be refined: with Stanford regarding Campus Dive; closure of
any portion of Arboretum; statement of intent from the Stanford Board of
Trustees regarding development of the 45 parcels; agreement with Stanford
University regarding the 90 -foot setback on the 45 -acre parcel; preparation
of a general landscaping plan for the 3.5 -acre open space parcel; exploration
by staff of the t-affic gate concept for the Willow Road/El Camino
intersection; cooperative eeecerent with the California Department of
Transportation for improvement of El Camino Real intersection.
Councilmember Carey made the following :statement With respect to conflict
of interest on the Sand Hill Road (Willow Road) project: 1) Councilmember
Carey lived within the assessment district at the Oak Creek Apartments,
which might raise a conflict of interest; 2) being listed as a general
partner in a general partnership which owned one of the buildings on
Welch Road, also within the assessment district, might raise a conflict
of interest. Be said he had discussed both issues in great detail with
the City Attorney, who bad ruled that there vas no conflict of interest
regarding his residence. The general partnership was more complicated:
he was the sole general partner of a limited part ;si.1 that owned a
building on Welch Road. He had no ownership irnt-zest in the property.
The partnership had been,"born" in 1969 to construct the building; at
that time he had heen pe id a developer's fee. The remaining ; .tereet
was in a management agreement for Cornish and Carey, which managed the
building. That agreement was for a fixed rate for about 15 years, and
could not vary up or down, irrespective of the assessment district. He
himself did not pay the assessment nor did he have any liability for it.
Councilmember Carey continued, saying that his interest in the partnership
amounted to about $375 per year --the proposed formation of the assessment
district had no effect on that income, and that led to the City Attorney
sayi..ag there was no conflict of interest. He had, that morning, discussed
the matter with Alice Schaffer Smith, who would officially become a
meraiaer of the California Bar Association on December 21, 1977. Cbe
intended to ask Jude Thompson, wto sat fc.r the Superior Court iA Palo
Alto, if he would ieeure a restraining order to prevent Scott Carey from
voting on the Sand Hill Road (Willow Road) natter until a hearing could
be held determining if -tie City's interpretation WAS correct. Be,
himself, Robert Booth, City Attorney, and M. Smith had meet that morning
with Judge. Thompson. on. The judge was disinclined to grant a temporary
restraining order. A discussion of the Government Code section on
conflict of interest made it apparent that a "reasnaable interpretation"
of the code end the regulation relating to the code could raise a legal
question about Councilmember Carey's participation, because the business
portion of the partnership could be affected by passing on the aaseeetment,
e momentary effect. Speaking for himself, in the natter he thought that
Councilmembera, es elected public afficiala, were obligate to "defend
OUT duty to Vote and participate in matter* of concern - to they City,
particularly when it as cootrovoraia1." Roth he, and the City Attorney,
had agreed that the law allowed Councilmember Carey to-do so in this
case„ ,Ax the eame time it was the ob1igetUan of the community to defend
their rights, which were equal to his. The 'obtaining' of en - assess nt
eight be a technical violation of G.C. Sectioan 87.103. Be concluded
that in light of the significance of the `issue befoul Council that
evening he should next participate in that meeting. Coaxes' had eniiatseraliy
decided he had no coef3 ct, . yaet it seemed to hie an impartial body, -
psrhaps than lair Politics.' Practices Commission (PPM, or Judge it peon
Or other presiding judge in Paolo Alto, sherd bear both sides fully and
in that way make en objective detemination. ' For these reasons he would
not participate that evening nor for tbn foxmatiom of tbicsasseepsat
district.
451
12/1l177-
Vice Mayor Brenner inquired about the appropriateness of tabling the
matter until the question had been resolved.
Ccuncilmembei Henderson said he saw no need to table because all members
eligible to participate were present. Be favored proceeding with the
discussion.
Counci.lamber Cley agreed, saying enough Councilmembers would participate
so that a decision could be made.
ITEM NO 1
MOTION: Couv.cilaamber Henderson moved, seconded by Fletcher, that Council
approve the agreement with Stanford Ualversity regarding Campus Drive
Extension, and closure of any portion of Arboretum Drive within jurisdiction
of Stanford University.
AGREEMENT CONCERNING CARPUS DRIVE
E U SIOk AND ARBORETUM ROAD
The Board of Trustees of the Leland
Stanford Junior, University.
Councilmember Henderson said he agreed with some statements saying that
"the mere widening and extending of Willow Road doesn't relieve the
problem at Sand Hill and A?a ede intersection" with its primary problem
of the left --turn proviaioa,. For that reason he thought the Campus Drive
extension to Junipero Serra waa very important, for it enabled people to
take a hack route. It had been agreed to begin construction of the
Campus Drive extension no later than two years after commencement of
construction on Willow Road extensiou, and to complete it within 18 months.
Counci1r. ber Fauri.no eonfiraied that a representative frogs Stanford waa
to be invited to respond to each of the !reins as Council progressed.
Vice Mayor Brenner said that it vas agreeable with her --she expected a
representative to offer to respond; she had not planned to call on them
specifically.
William Bossy, vice-president of Business and Finance Department. Stanford
University, referredto his letter to Councilmembers of at few v eke ago,
to confirm that Stanford University was making good progress in responding
to the concerns Council had expressed on ravisher 7 about the eiscellsneous
agreements with Stanford. As Council could sin from the material in the
pmts. those agreements had been remised in accordance with Council's
its. Be continued, reading as follows frostthe letter he had sent
to tv oueci l :
am happy to report that, at their meting on Lecesber 13, the
Stanford Trustees grafted tae authority to enter into an agreement
for public access to the south teak of San Franciequito Creek on
the 46 -acre vecent parcel between the Oak Creek Apartments and the
Children's Enepital. Ls you can understand, such access carries
with it mejor questions of security. health and eafety, liability,
and the concerns of the Palo Alto residents who wilt live on the
parcel in tks future. Ws believe that the concerns can be worked
out satisfactorily, her.
It was brought to my attention ... that one of the agreements —that
having to do with the Cass Drive extension and Arboreta' load --
still contain* restrictive language that was dropped from the
Arboretum Road section. The record should *hue that ne ere oleo
willing to eliminate that la .nags„ which would provide access to
the extension for theme person "utilising, visiting or travelling
from or to any of Stanford's facilities or any of the lands of
Steamed."
452
12/19/77
Mr. Massy continued as follows: "The Campus Drive agreement
states that the University will begin canstructiJn of an extension
of that road to Junipero Serra Boulevard with:.n two years after the
start of i'ork on the Sand Hill Road Project. We have given that
matter careful thought, and I as pleased to tell you that we now
intend to begin the extension as soon as work on Sand Hill Road
gets underway, providing we obtain the uecessary,government approvals,
and the bids for Cie cork do not substantially exceed the funds
available. The Trustees have approved the urdjsct, and we are
anxious to cooperate wit`? Palo Alto and Menlo Park as fully as we
can.
As to the 46 acres themselves, you have m► letter of intent of
November 1, in which I reported that we plan to use the property
principally for housing. My letter also noted that we would conform
to the city's Comprehensive Plan in undertaking development of the
land. The word "principally:" was used to make allowance for some
other compatible purposes should the need arise.
For example, Children's Hospital representatives have spoken to us
about their possible need far space for additional facilities in
the future. The Hospital renders an important community service,
and we think it would be wise to consider provisions for their
possible ise of a portion of the property.
Wo also believe that it makes sense to consider a smell, neighborhood
shopping area to .serve those who will reside nearby. The city's
draft Zoning Ordinance text that has been approved by the Planning
Commission proposes that, under certain circumstances, commercial
uses can be nixed with medium and high -density multiple --family
residential districts. That seems to be a reasonable provision:
and we hope that you will not preclude It on the 46 acres.
There is no question but that we would like to develop the 46 acres
for a Tango of income levels if that is economically feasible. Our
lend use policy states that Stanford faculty, students and staff
will bee priority in future Stanford housing projects. Obviously
there are diverse needs within those groups -as well as emoug those
who work elsewhere on Stanford lands. We would like to address
those reeds as best we can, consistent with our responsibilities as:
the guardiaana of a Land eadomment ironed for the furtherance of
higher education. In so doing, we could help relieve local, housing
pressures and reduce =mute traaf f is .
Before we can give .any detailed wecsa of idlest can or cannot be
dame as the propezt7, ve most have a full-scale study of the needs,
allowable de sittiea, and economics. We avoid lies to undertake
sash a steady in than near future, sad will keep the city informed of
our progress. We also have promised to include Menlo Park in
discussions of the net of iiaie property. I can assure you a good
faith effort will be grade to coestder sully the bowie needs of
both the University and Palo Alto as as moues ford. One thing
I have learned sines coming into uffic.te last September is that the
it'4ty is not without influence in these netters, and rightly so.
weld like to cuOcluds with * few brief observations: Every-
thing that I .hays heard or reed since sum .ag - into office last
September suer that a major, luersteeding problems of
comeastiowsed ;allolk-401:tbe:$044 gip.Rend area. It is
not libely that those problems willanIve themselves. *Item- .•
:Uwe anodes of .treosPor%Otiom ire ettmelmtive, but they cannot
ardd tbs total. problem* They also ire improve facility,
mad. 1 oat* tbst.$00 pto#!aot . is4084400 tolptopouroge bicytiscand
ben ttraiaegpcxtatios.
453
L2/19/77
After years of thought and study, including extensive public comment
and expert consultation, this project promises the best practicable
solution for the foreseeable future. In essence, it appears that
many parties will lonefit from the improvements, and few will be
harmed.
Stanford itself will be a major beneficiary, as will the City of
Palo Alto. We are willing to meet our share of the costs by paying
woe than $700,000 for the Campus Drive extension, by accepting
lass than the full valve of the three -acre parcel, and by paying
substantial assessment district costs on Stanford lands and on
academic buildings within the district. In addition, Stanford has
paid well over $600,000 in property taxes in the past eight years
alone on vacant lands, within the city, that adjoin the proposed
road.
Finally, there are those who believe that this project may be the
forarvmner of a future road frcm El Camino 'Reel
1
..�.. ..v�v ��4� Li �iuv �.ieai to aaySnvre. On
that point, let me reiterate what Bob Augaburger has publicly
stated before, and what Jim Nelson told you on September 6: Stanford
has no interest whatsoever in such a project. We are interested
only in addressing what urban planner John Bla; rtey described in
197°x, as the worse case in the Bay Area of access to major facilities.
Considering the difficulties that have been encountered in trying
simply to extend Sand Hill Road through a sixteenth of a mile of
vacant, commercially zoned Stanford lands, it seems highly unrealistic
to me in this day and age that anyone could seriously propose
cuttings new road ecross nearly two miles of Palo Alto or Menlo
Park residences. No public body would dare endorse it, and the
residents of neither city would tolerate it.
lam convinced that the Sand 8111. Road Improvement project is in
the very best interest:3 of both the city and the University. Someday,
when the road is in place and functioning, wt will all wooer why
it was not hunt sooner. We at Stanford Will continue to cooperate
with you as fully as we can to bring about that day."
Council:member Fazzino thanked Mr. Messy and said he assumed that when
the construction of housing was going to begin Stanford would include
10 or 20 percent low income housing, is the spirit of the Palo Alto
Comp *bensiwe Plan. He also asked for clarification of what aims meant
by the phrase "e.&l, neighbornacd ehoppine center."
Mr. Massy said his letter stated Stanford's intent to provide the lama
income housing; Stanford did not have an exact idea of what the small
sixippiag canter eight consist of --he hoped Palo Alto would not preclude
any planes that might be forthcoming.
Vice Mayor Brenner expressed surprise at the proposal to build s neiebbor-
hood shopping center across from the large shopping center that already
existed. She wanted to ,balance it off with housing. "Absolutely nobody
could vote against the Children's Hospital" but ohs euggeote4 that
rather than cutting out ]ate that had been soiled for housing for some
years. Stanford offer equal *crone on the other side of the road for
housing. The area arm tee hospital had been zoned g for years and
it allowed for a mix of office uses; at the present time the area yes
dA ignut , "office." She thought it wise, before the agreement vas
saadif i ed with the word "principally," that at least an equal meet of
lased be offered for heuua n$ elaewhere.
4 5 4
A2/t9/77
Mr. Massy said he understood the need for housing; he had read recent
Santa Clara County Commission on Housing reports. He :.Nought it was
preer eture to go into detail and he could not make a commitment. He said
he had tried to be as frank. as possible —the Council would be kept
informed as Stanford formulated its plans.
Vice Mayor Breanner's next question concerned the phrase in the Arboretum
Road agreement which she thought changed the whole meaning: "Should the
City abandon such publicly dedicated portions of Arboretum Road, or auy
segment thereof then all of Stanford's obligations under this Article 20
shall thereupon be extinguished and terminated."
Mr. Massy asked what her concern about "or any segment thereof" vas, and
what her definition of "segment" might be. The reason fur the clause fn
general was that if the City were to abandon its publicly dedicated
portion of the road, Stanford would want to know why the City had done
so and then reassess th:� -- matter.
Vice Mayer Brk_:;.ne o«lam dhe did not aauticipate that the City would vent
to abandon --her real concern lay with the "segment" that lies between
Quarry and Galvez--south of Quarry, nov publicly dedicated land. The
remainder of Arboretum, going south to Galvez, is private road: the
City's concern was that that private road continues to be available to
lead to Fsbarcedero. If Stanford made a case for abandoning that section
of Arboretum that presently divides the shopping centers, the sentence
she had read could say "the deal is off."
Mr. Massy call he would conoult with hie staff for clarification.
Vice Mayor Brenner asked that the matter be raised again after Council
had completed voting on Campus drive,
Councilmember Headeesoe said his motion had included both Campus Ana
M Dreg« Drives, and so it would not be appropriate to hear from Stanford
after the vote had been taken. Perheps this matter could be continued
for the time being and Council co id go on to the second aeeiscellaneoue
'item.
Vice Mayor Brenner agreed, saying Council would return to the Ca p.ss
Drive/Arboretum motion as soon as Stanford was ready to speak to it.
Dr. Riney Jewell Cross, representing the Committee for Safe and Sensible
San Franacisquito Creek Area Routing, made up of about 250 petitio re
and "several hundred orgaaa -et% members of the above atomisation and
aieo the University Park Association," She spoke in relation to the
transparency projected by staff on the car eel?. On ter 13
residents had spoken . et the Hallo Park Council meting ing about Caws
Drive extension. A resolution for agoemmeat with Palo alto had been
presented and it failed with a vete of two le favor of accepting the
resolution, and one opposed. A vote of three wee needed to pain. Dotted
lines on the tea pare ncy indicated coaflmection s with Pasteur Drive.
What was the connection of Campus Drive to Willow Expressway traffic?
Maas there to be an effective communication at Pasteur Drive? Or alb
Quarry? Arboretum? or what? Campus Drive bad been referred to in
related discussions, without a map. $be projected her urganisat 'e
in nspares ►, and, became she was eiaadimg away from the - icr'ophoee,
her exposition was Imo ndfb . fors time. Returning to the microphone,
Dr. Cross Wired if there had been any discvsw loo of not using Leas
Ar'bolea sod perhaps using Preset„ is comjemotion with Campus Drive
extmaloo. There is a present coaam cti a Frith Paster and Campus Drive.
Migkt Stan ford'a motion, is extemdiag Campus Diivs, be to uat any ono
of the number of pos=sible cos i+ ctioas of existing road.? Menlo Parks
mayor bad voted moo to the agreement, acying be molted to epee amp
first. Mons **hod voted for tie agreemet did so yids the maderstaoii g
455
12/19/77
that the extension would take place in the vicinity of Los Arholes and
also that there would be "a reasonable circulation pattern." She asked
that "Campus Drive extension" be very clearly defined before either
Menlo Park or Palo Alto make a decision, and noted that the proposed
traffic circulation was "very material" to a responsible decision, for
the extension was to alleviate congestion.
Councilmeeber Eyerly referred to a letter which Dr. Cross had written to
Oak Creek apartment residents saying that for a $50 fee she would serve
as a consultant. He asked her what capacity she would serve in for that
fee. She was not a lawyer, and he wondered what her capacity was.
Dr. Cross responded that the type of consultation (she proposed to give)
did not require a license, and further, she thought Coancilmember Eyerly's
type of question was a personal attack. The question of her type of
consulting, she said, 6IaA not on the agenda.
Councilmember Henderson asked for clarification from her as to whether
or not she appeared before Council as a paid advocate or as a representative
of the citizens' groups she had named.
Ur. Cross questioned the appropriateness and necessity of Councilmembers
knowing.
Councilmeeber Henderson asked if she was appearing as an advocate for
members of the as eseeent district or as a representative of neighborhood
groups. He was not questioning legality.
Dr. Cross said she was, as she had said at the beginning, representing
tits petitioners of the Committee for Safe and Sensible San. Prancisquito
Creek Area Routing, as advocate and spokesperson. "When, as, and if the
matter of the assessment district appears" she would speak as a lessee
or a sub -lessen or a secondary lessee that is in that district. Some of
the petitioners were Oak Creek .Apartment reairienrs=
Council ember Henderson repeated bis quastiou about whether or not Dr.
Cross wss being paid to represent others.
"Why in that important?" Dr. Cross returned. "I am a pt ople's advocate
by occupation. That means that I also receive income: from my occupation."
Vies Mayor Brenner called on Mrs Massy, vice president of Business and
Finance at Stanford University.
Mr. Pass said that Stanford would accept the elimination of the words
"or any segment thereof" from the Arboretum Road agreement.
Vice Mayor Bremer moved, usronded by Henderson, that the
words "or any portion thereof" be deleted from the Arboreta Road agreement.
Counci3aember Clay asked what the affect of that deletion would 'ea.
Vice Mayor Brenner explained by reading the amended section: "Should the
City abandon each publicly dedieatoil portion of Arboretum, then all of
Stanford's obligation, miler this air ticle 20 shall thereupon be extinguished
and terminated."
AMENDMENT PASSED: The emendment to delete the words "or any segsent
thereof" passed on ae ups rote, Kayer.Sher absent, Councilumaber
Witherspoon absent, and Coustalwitiber Carey not participating. -
David Stiles, 1931 Perry Avow, Menlo Park, represented the University
Pak Associatjo Dr. Cross, he said, had rained the matte of the
ambiguities in the eseginverf:;eg of Campus Drive extension. He thought
456
12/19/77
Council should be "absolutely sure" as to where Campus Drive extension
was going, and what it would consist of. Mr. Massy, he thought, had
said Stanford would build the road provided costs did not substantially
exceed the money budgeted for the p';rpose. Mr. Stiles raised the question
of whether or tot Stanford's answer vas a "yes," "no," or "maybe."
Mr. Stiles said he would like a definite "yes," and also he wanted to
know exactly where it was going to go.
Councilmeiber Henderson said he interpreted the agreement that Stanford
would have to begin within two years; economics.aand the like permitting
they ++ould start at the sue time on Campus Drive extension as construction
began on Sand Hill. There was a guarantee that construction would
begin, irrespective of economics or other.aattere, within two years.
Mr. Massy said the agreement was substantially es reported. He said.il
was contingent upon governr_.t approval as well. In case of a gross
miscalculation of cost at the very least his group_would have to return
to the Board of Trustees.
Councilasmber Fletcher w eadered if the City of Palo Alto had any control
over the alignment of the proposed Caaepua Drive _7tensi.on.
Mr. Pawloski said the City's control would be interpreted according to
the agreement, on page 2, Section 3, stating where the termini would be,
Councilaember Fletcher real from that part of the agreement: "In considers ion
for the obligatioae ass:tied by the City herein Stanford agrees to construct
or cause to be constructed the two -Lane extension of Campus Drive from
its present termination at Parma Street to and connecting with Junipero
Serra Boulevard at a point generally located north of Lake Laa.gunita and
south of the intersection of Juniper° Serra Boulevard and Alpine Road."
She said she thought the wording was, exact enough.
VIM 1
MAIN hOTIOM AS AMENDED PASSt i The main • tip , that Council approve isr
the teree: eat with Stanford University regarding Calorie Drive extension
and cloer rye of any portion of Arboretum Drive within jurisdiction of
Stanford University, as sanded, passed on a unanimous vote, Mayor Sher
absent, Couneilmember Witherspoon absent, and Counellmeeber lore, not
participating.
ITEM NO. 2
Coupe/Umber Henderson recalled that he bad asked for a statement of
intent from Stanford regarding the 43 -acre parcel. Se had asked that it
be developed to provi e Wooing for average income persons so far ea
econoetically possible, and also foraome clarificetion of the word
"principally." He said be "feltcomfortable" with Mac. Masey's statement
of this seating. • Me dial not oaf eupport commercial development on
the land, but that could be dolt with ia the future: as he understood
it the Council had control e r may such development.
MOTION: Cowmcilmember Hess deresen mod, et -waded by Faassino, that Council
approve the statement of 'Meant in mix B. from the Stanford Board of
Trustees regarding development of the e3• -acre parcel, es stated in a
letter from then dated Movember 1, 1977, gad enpanded upoa by Mt. Messy
at tho City of Pala Rita Comma/ meeting of Oseumb r 19, 1977.
Vic* Mayor Brenner obseive4 that she tit the statement of intent
idded nothing to the agreement as it stood, sad also she had doubt
About the use of the word "principally," and so she std abstain on the
vote.
457
1.2/19/77
MOTION PASSED: The motion that Council approve the atateaneet o intent
from the Sttnfcrd University Board of Trustees regarding development of
the 45 -acre parcel; 1a stated in a letter from them dated November 1,
1977, and expended upon by Mr. Massy at the City of Palo Alto Council
meeting of December 19, 1977, passed on the following vote.
AYES: Fletcher, Eyerly, Henderson, Fazzino, Clay
ABSTAIN: Brenner
ABSENT: Sher, Witherspoon
NOT PARTICIPATING: Carey
Councilmember Henderson asked if a sejority vote, or merely five votes,
were needed in order to pass a measure.
Vice Mayor Brenner ruled that these amendments to the contract required
a majority vote. She invited information roa staff on the matter.
Ultiiately it was the vote on the entire project that counted.
Charles Walker, Assistant City Attorney, said that on resolutions,
agreements or ordinances five votes were required. On a matter such as
approving the Statement of Intent, he understood a majority of the Council -
members present had to approve.
Vice Mayor Brenner confirmed that rules that applied to assessment
district proceedings would apply to those items.
Mr. Walker said that the matter just voted on was not as significant as
the agreement re C us Drive. Since five votes had been in favor, the
discussion was academic. None of the remaining items would require more
than five,
Joseph Carleton, 2350 Ross Road, reed Chapter 11.12.010 of the Pal:,
Alto Municipal Code: Acquisition and improvement procedure, paragraph
G --Jurisdiction, "The resolution determin3nd the convenience and necessity
shall be adopted by the affirmative vote of four -fifths of the members
of the Council and its finding shall be final and conclusive." Precetdina
that passage, is the initial paragraph, he read: "instigation proceedings --
Necessity of Improvement: When it appears that the public convenience
end necessity require an acquisition and/or improvement, the proceedings
should be taken without complying with the provisions of the special
assessment investigation, limitation and majority protest back to 1931,
public beari.ngs shall, be held on the said qu3atiaan of the public, convenience
and necessity therefor, which shall be celled, and nodes of the time
and place thereof shall be given in accordance with the provisions of
this section." )r. Ca;letcn said that in a subsequent ge there was
a reference to the requirement of the affirmative vote of four -fifths of
the Council. He Asked if the provisions which be bad just reed had been
complied with.
Ken Jer i, bond counsel, said that the portion of the code just doted
relate to a hearing on the question of public ccewenience and necessity
sir the state constitution. "Those proceedings are not being conducted
by the Council tonight and therefor those provisions are not applicable."
On the question.about the special assessment investigation, one of the
searing before Council that evening is on i report prepared pursuant to
that act, tad the answer vaas "yes, those proceedings are in the process
of being complied with, but there is.no extraordinary vote involved in
any of - the sestina** before thole , Cov>m t1 with the exception of the Eminent
lemma resolution, which is another natter,"
458
12/19/77
City Attorney Booth confirmed that five votes on any resolution, contract
or ordinance were needed, and a vote of the majority of the quorum for
ether matters; with six Councilme tubers eligible to vote, that would mean
an affirmative vote of four.
Ite 3 Agreement with Stanford University regarding the 90 -foot setback
on the 45 -acre parcel.
MOTION: Cauacilmember Fletcher moved, seconded by Clay, that Council
approve the agreement in Appendix C entitled "Setback Agreement." as
follows:
SETBACK AST --The Board of Trustees of the Leland Stanford
Junior University
Councilmember Fletcher said she had some reservations. She was grateful
to Stanford for its cooperation on the public access, for public access
was not a usual thing. She was concerned that Stanford wanted to put a
gate at the access so tb,t it could be closed at night. Stanford also
wanted to erect signs and railings gn4 other barriers to protect members
of the publics from straying fro the path in that rather hazardous area;
ahe felt the gate would not keep out anyone who wanted to get in, though
it would make it possible for Stanford to keep the gate closed for
reasons of its own. She said she sow no purpose to erecting a gate; she
wanted to know what the nib would say; about the railings, she doubted
their need.
Afa. Massy,.Vice President of Business and Finance, Stanford University,
said Stanford was prepared to deal with difficulties related to the
public access; the gate would keep motorcyclists and other vehiclea off
the path ---people could imagine some of the things that might be going
on. It was necessary to protect the people who lived at Oak Creek. He
dig not Imow what the ei.;lns would say —the area was to b ;geed for
strolling, jo Lrg, birdvatchiag, picnicking, and other non -intensive
public recreational uses. "1 can assure you the signs will not gay
anything that defeat that."
rn =spot= to t ;e queetioa about the acceptability of railings,
Councilmember Henderson said he assumed Stanford might feel some public
liability requirements regarding the aged for tailless, the mete, and
the like; also, Stanford i a responsibility was i tre►t , for Stanford wee
shot giving up title to the lend. Be continued, reading the phrase at
the top of page 2: No peat or temporary building or roadway
shall be co aetr cted in sueb setback without the prior written consent
of the Director of Planning of the City. . . ." Cann lmembeer goon
asked if Councilmembers thought that matter should be left to the Director
ofIlamning, or if Co aneil et. amid be party to it.
Coumaileemher leasing) m ggestod that the reason far using that "segues*
should be explored.
Vice Mayor Bremer agreed with Coancilmember Hendaree Coy... - . s 4 . eae not
making an ogre.meat to be administered at the pleasure of the ?lamming
Director.
Cceeellamober Henderson asked if "City" could not be substituted for
"Director of Planning."
ng."
Charles Water, Aseistept City Mansier, said the leassese hod bed use
bodes it had bee tboeSht that the riessimg Directs menial bow the
Cesprehessive Piss provisions cad the amiss ice.
4 5 9
12/19/77
AMENDMENT: Couxaciimenber Henderson moved, seconded by Fazzino, that
the phrase of Page two of the agreement be amended to read, "...without
prior consent of the City." The amendment passed on a unanimous vote,
Councilmember Witherspoon and Mayor Sher absent, Councilmember Carey not
participating.
Councilmember Fazzino thanked Stanford University for their helpfulness
in working out the agreements.
Councijmeaber Fletcher said she would set aside her objections in favor
of expressing gratitude to Stanford for ito goodwill and cooperation.
Vice Mayor Brenner recalled a time in the past, when, using the word
used earlier in this context, "historically" waterways and creeks had
been accessible for the public —she was glad the City was reverting to
an historical pattern, in that sense,
MASH MOTION AS AMENDED: The main notion as amended, that Council approve
the agreement in Appendix C entitled "Setback Agreement," between the City
and Leland Stanford Junior University, with the substitution of the
phrase "No permanent or temporary building o� roadway shell be constructed
in such setback without the prior written consent of the City," rather
than "the Director of Planning," passed on a unanimous vote, Councilmember
Witherspoon and Mayor Sher absent, Councilmember Carey not participating.
Tihccm 4 Prepay tfo- o a 6+c.uc..as landscaping plait for the 3.5 acre "open
space" parcel
Councilmember Henderson said that this item in the amount of $7,000,
appeared in the City's cagita.l improvements progr and that it had
been reviewed in the Finance and Public Works Committee meeting ore
Tuesdsy, December 13. No action was required by Council at that eime.
item 5 Staff to explore the traffic gate alternative consent for the
Willow Road/ Ei Camino intersection
Pen Pawloaki, Director of Public Works, said the transparency of the
proposed layout was projected on the council chamber wail. The schematic
we* consistent with the discussions beld between staff end the California
Department of Trtinaportation. The intersection, yet to be designed by
the California Department of Transportation, it ye* agreed, would
contain all the necessary description of the area iu and about the
intersection. He described au island at the left -turn intersection and
spoke of the concern about vehicles proceeding across El Cameo toward a
destination which was not permitted. An Environmental Impact Report
eatia ated about 700 vehicles might want to proud in that fashion. The
dsaign layout would prevent that from happening. The state department
of transportation proposed installing two programmed sigaal.heeds, so
that when the green light shone for left turns from Sand Rill onto El
Camino northbound two red .signals would shine. He projected a slide
to demonstrate tbs sequence of the lights.
Councilammber Clay remarked that an arrow vould be less ambiguous.
Councilmember Fletcher asked if Council had the power to say mat it
nested, or did CalTrens have the final word since they were administering
it.
Mr. Pswloski said CalTrans bad given the City a statement of heir
intent to cottfora to what the _mil wanted. He thought all, issuas had
been adequately covered. The intersection would be designed to prohibit
the nodesirable destination.
4 6 0
12/19/77
Vice Mayor Brenner asked if a vote was expected on the item.
Mr. Pawloski said staff would return to Council with a cooperative
agreement drawn up with CalTrans, asking for approval of the agreement,
and a resolution to that effect.
Ccuncila a ber Pletcher expressed the ,'lope that the state would go along
with some things Palo Alto has been delng, such as demand/response
signals and push buttons which are accessible to people on bicycles.
Mr. Pavloski said the subject of sensors could be pursued with CalTrans.
The City's standards were what Counci nembeir Fletcher wished to see .
utilised. Mr. Walker stated that past experience indicated as long as
the City vas not asking the state to pay for anything over and above
thaet which they- Irou1d normally provide, they mare reasonably williri to
go along with what was vented.
Councilmsmber Henderson noted there_ was also the concern as to whether
or not there eou1.d be pressure in the future to open up the intersection,
and abvio e1y it would not take such to eliminate a couple of islands to
go ahead and do that. He asked the width of Palo Alto Avenue now, which
WSJ the connecting link between El Casino Heal and Alma Street. Mr.
Pavloski thought the paved part of the road was twenty-five to thirty
feet. Councilneeber Henderson determined with Mr. Pawlosk.i that the
amount of right-of-wsy there was sixty feet. Ha asked if it would be
possible to limit the right_a_1 may to the twenty-five or thirty feet
(whichever the present road area was) and then dedicate the park land on
either aide up to the road ego the mount of right-of-way would be narrowed.
if that could be done, then any desire to go across in the future involving
two aces each way would require a vote of the .f rise.
. Pewl.oaki said that first there old be vacation or abandonment
proceedings for the public right-of-way, and the dedication of the land
would be accos p1ished by the park ordinance. Mr. Booth thought the City
would wit a limited dedication that would not require an ordinance
every time there was a need to deal with utility aaarviee repairs. He
pointed out there was a large number of facilities located in that
right-of-way, such as undergromid and overhead utilities, which a►ho* ld
be'ameept from any dad cation.
MCTION: Co wile tuber Henderson moved, seconded by Fa zino, that Council
direct staff to is itiate procures to reduce the right-of-way on that
portion of Palo Alto Avenue connecting E Camino Real and Alma Street to
testy -five to thirty feet and to dedicate the portions of Lend on
either amide of the roadway as park land.
Fine Nayor Brenner ,wed if Connor iisndefsoit assumed sidewalks
could he located on the park dedicated head. Coencilmeiber Henderson
ear ao problem with bicycle patba and pedeetria>vn trails on the park
lead, but the roedway teoui.d not be wide.
Cooncilmember retsina stated that whoa thin smatter cues back to Council,
there would be a need to look. at thesehject tv terns - of the *pacific
kinds of /sane* Couascile seher Heederson raised. He wasted to remain
to Cacaos os the subject Nisia, bet amorally supported the sense of
the mama. Comai.le eehet Tessin* reiterated that his ns3or concave
sheet the project wee this intersection. in hip opts , the present
proposal wee sot all that dif forseat from the oti giia1 cumewltaae> /.t of t
proposal, which he bad described as as 4menstroiiityr. Councilmesber
tasaaieo still believed this meld he tut of a traffic hseard aid
meld increftse the pressure to open up the area to through traffic in
five or six years. 13.E he tit a batter approach might have
base the traffic gate or sowing the actual toad further _ south into the
13/19177
Stanford Shopping Center parklag lot, those options were nc longer under
discussion; and Council-raat,er Henderson's motion is in the direction of
assuring that a future Council will not succumb to pressure to open up
the intersection. However, Councilmember Fazzino added he did hot think
there were any fail-safe alternatives Council could adopt to make certain
the roadway is not opened up. In the final analysis, he eaid it would
be up to the citixens to make sure such a process does not occur. The
roa4 should be very carefully watched over the nett five or six years to
make certain the Police Department is providing adequate enforcement
procedures. After looking at this intersection, Councilaember Fazzino
concluded that $50,000 of the allotted $60,0010 for the speed enforcement
program vould have to be used for this particular intersection. Council"
member Henderson's motion offered one way in which Councilmeanber Fazzino
felt he could support the entire Sand Hill Road project.
Counci1ae+eber Fletcher wanted to have left open the option of having a
bicycle path on the south side of Paolo Alto Avenue because there is a
deficiency at present from the path out ot El -Casino Park for anyme who
wants to go toward Alma Street.
MOTION PASSED: The motion passed on a unanimous voter Councilmember
Carey not participating, fayor Sher and Councilmember Witherspoon absent.
Item 6 Cooperative Agreement with the California Department of Trans-
portation for Impravement at the El Camino Real intersection.
Vice itayor Brenner understood there was no action needed at this time,
and the resolution authorizing execution of the agreement is being
prepszed.
Item 7
MOTION: Councilvieaber Henderson Introduced the following resolution and
agreement and moved, 'secondeA tray Clay, adoption aad approval!
RESOLUTION NO. 5498 AUTHORIZING EXECUTION OF
AGREEMENT BETWEEN TEE CITY OF PALO ALTO AND
THE CITY OF MENLO PARK FOR THE CONSTRUCTION,
IMP1VT AND MAINTENANCE OF SAND HILL ROAD
AGREEMMT FOR THE CONSTRUCTION, DIPROVEMENT
AND MAINTIMANCE OF SAND HILL ROAD
Mr. Pa los i reported that the Mho Park City Council had the agreement
before -thee at last Tvseday's Council mmee::Sug, and there were a number
of things far ele4ch they wanted clarification. First, Mato Park Council.
questioned , cbe Ceppus Drive agreement; t; for laetance, they meted to Irnow
where Cawp e, Drive would terminate with .Junipero Serra, and they asked
about a Welch Roed coiwection. Mt. £avloski believed - those matters were
contained lei the agreement sad moored time concerns of the Menlo Park
City Council; however, he wanted to weetioa this to the Palo Alto Council.
Continuing, Mr. Pavloski said Menlo Park wan also concerned about the
open space arse north of the Shopping Center. They suggested tat at
the end. of Peragreph J era Pam 2 of the aagre nt the following wording
he added: ' "including only uaes which do not generate noise, light, or
any nuisances affecting residents in Menlo Park". Such en addition
weld be consistent with Council's intent, and staff recommends that the
language be included.
AMMUMENT: Councilmembar Fletcher moved, seeoodsd by Fazzino that the
e ording "including 4dineg o►ly uses which do not generate noise, light, or any
dyes affecting residents in Pilo Park" be added to the end of
Feregraph J on Page 2 of the agree t.
- 462
Ia:/19/77
' •'�riii
AMENDMENT PASSED: Th 4aeudment passed on a unanimous vote, Councilmember
Carey not participating, Mayor Sher and Councilmember Witherspoon absent.
Mx. Pavloeki informed Council that the Menlo Park City Council would
like the following language substituted for Paragraph K on Page 3:
"Only normal surface drainage waters shall be allowed to drain to San
FranciAquito Creek". He said the original Paragraph K met Menlo Park's needs
better in his opinion, but staff had no pr,blems with the substitution
and, therefore, recommended it.
AMEN: Councilmember Eyerly moved, seconded by Clay, that Paragraph
K on Page 3 of the agreement read as f ollovs : "Only normal surface
drainage waters be allowed to drain to San Franciaquito Creek".
AMENDMENT PASSED: The amt passed on a unanimous vote, Council -
member Carey not participating, Mayor Storer and Councilmember Witherspoon
absent.
Pavloeki stated that the Menlo Park City Council wished to change
the reading of Paragraph 4, Page 3 of the agreement. In accordance with
his remarks, the following mmenct t was wade:
AWNnMEMT: Councilmember Fletcher moved, seconded by Henderson, that
Paragraph 4, Page 3 of the agreement rand as follows: "The amount of
the Menlo Park contribution, including the amount received from San
Mateo County, 0,11 not exceed 5654,379.00",
AMENDMENT PASSED: The amendment nt passed on the following vo ;e :
AYES: Clay, Eyerly, Henderson, Fanzine, Flztcher
NOES: Nona
ABSTAN Vice Mayor Brenner
NOT PARTICIPATING: Councilmember Corey
ASS=T: Mayor Sher, cilmember Witherspoon
Dr. Nancy Sewall Cross, referring to the Palo Alto agreement with Stanford
nnivsreity requiring Stanford to ccl.struct the Campus Drive extension,
noted that at the meeting and according to the minute*, the art
wee to require Stanford Osiversity "to construct and diligently pursue
tocompletion" the Campus Drive extemaion.,
MOTTOS AS AMENOND: , The rotiom to a raem the agreement, as , end
to adopt Os rr alxttiOD passed on the fold 'OM
AM: Clay, Eyerly, Ne nderecn, Faisino, Pletcher
AUTATN: Vic* Mayor Bremner
NOT PA 'ICZIATI : Councilmember Carey
ASR': mayor Sher, Couagi1eenber Witherspoon
Council tad et 9:45 to Ixecutive Session regarding litigation
matters end reconvened the Conseil meeting at 10:1S p.m.
Sand Hill Road Assessment District Proceed
Vice M.yor Bremner made the following statement:
"To All Those Interested in this Project:
Three separate hearings have been scheduled for this project. They
will, however, be held concurrently because they relate to the same
proceeding.
The two original hearings on this project were scheduled for November 7,
1977, continued to November 21 and subsequently continued to December 19,
1977.
At the meeting of November 21, 1977, a third hearing was set for
December 19, 1977, to consider a redistribution of the assessment.
The first hearing is on the Engineer's Report prepared pursuant to
Division 4 of the Streets and Highways Code. The sole purpose of this
first heaving is to receive and hear protests againat the peopoaed
acquisitions and imprevements. Protests at this first hearing may be
either written or oral. Written reports filed during the course of the
hearing will be received and considered by the Council, but cannot
legally be included in the percentage of protest.
The second hearing is on the Engineer's Report, which includes all of
the details of the project, including plans, specifications, estimates
of cost, maps and descriptions, and proposed diagram and assessments.
Formal protests as to this phase of the project may only be in writing
and will be received and considered by the Council if they are filed at
any time before the conclusion of the hearing. However, as in the case
of the first hearing only those proteata filed at or before the time
fixed for the hee.ring can be considered in determining the percentage
of legal protest.
The third her ia.g is obi the redistriburiui2 of the assessment prelimi-
narily approved by the City Council on September 6, 1977. As a result
of the redistribution, assessments have been increased for six parcels
and a public hearing is required to hear prrnf .'° regarding the proposed
iiCTef. e .
Anyone interested may therefore address the Co ncil on any detailed
phase of the project. Objections or endorsements may be to the location
or design of the improvements, to the location and extent of property to
be acquired, to the question of whether the acquisitions are to be made
or whether the improvements are to be palledatall, to the question
of whether any particular property is benefited, to the Engineer's
eet1 ate of the costs and expenses, to the method purposed for spreading
its, to the assessment diagram, or to any other phase or detail
of the project.
The hearing is declared open."
Vice iayor Brenner asked for the report of the City Clerk as to the
publication, posting and wailing of notices, and filing of the boundary
map.
City Clerk Ann J. Tamer stated that the Resolution of Intention to
Vacate Future Residual Street Rights -of -Way along Willow load (Sand atu
Road) vas adverted on.. the to crth of December, and ohs had the affidavit.
The Notice of the Adoption of a Resolution to Maks Claangas and Modifications
rweaa mailed on November 29th to interested parties. Ma. Tamer furtber
reported that the boundary sap was recorded in the Recordeee Offfca =
October 4, 1977.
4€4
12/19977
Vice Mayor Brenner asked the City Clerk to read for the record acknowledgement
of written protests received by the Clerk at or before the time fixed
for bearing.
Me. Tanner said there was a protest written an November 7, from
Dr. James I. Ball, President of Medical Plaza, Inc., for property at
1101 Welch Road; a written protest dated November 7, from Norbert J.
Dickman of I'iullins, Wise & Dickman, on behalf of S&W, a Limited Partner-
ship and owner of 701-A Welch Road; and a written protest dated " "
November 17, 1977, from William T. McHugh, Associate General Manger:
Real Estate Inveeetsents of The Prudential Insurance Company of America,
owner of property at 7700 Welch Road. Ms. Tanner stated that no further
written protests had been received.
Mt. Ben James of Wilson, Jones, Morten and Lynch stated that the report
under Division 4 was required by law to be read to the Council before
the Public Hearing is conducted. He said the report was prepared under
the special Asses sent Investigation Limitation and Majority Protest Act
of 1931, and the report was part of the compliance that was produced
according, to that Act. Mr. Jones explained that the report is an
investigation of the financial feasibility --of the project in terms of
comparing the .proposed assessments with the assessed valuations of land,
asses red valuations of improvements and the so-called true valuation of
the land based on a atatut'ry formula. Continuing, he said the report
consisted of a statistical array of the indier'"dual assessed valuations
of land, improvements and true valeationir for each parcel; and it is not
require. that they be read. The total assessed value of land as shown
in the report is $8,801,920; the total ssesessed value of improvements as
shown in the report is $23,845,264; and the so-called true valuation,
which under the statute is twice the assessed value of the land, is
shown iu the report as $17,603,840. Also, the estimated assessments in
this project are $4,898,296. Mr. Jones noted that the report showed
there were no prior unpaid assessments against any of the parcels. He
mentioned that the total assessment vase in the debt limits as provided
by the Act, the debt limits being established at one-half . of the true
value or the assessed value. This meant the total debt limit was
$8,801,920; and the total estimated assessment in this project is well
within that at $4,898,296.
Mfr. Jones did note, however, that there is on* parcel. where the assessment
proposed is in excesses of the debt limit; and that is Assessment No. 40
which is a parcel of land owned by Stanford University. The assessed
value of that prepelty is 639.893; and the eseessment Is $764,824.97,
which is in excites of the limit. Stanford University has filed with the
Coemeil a foaml weer of their risht to have the assessment limited as
required by the law and, therefore. the arse same st limitation may be
glisrafparded as to that parcel.
Mk. Jones said the bad of the report consisted of a word description
of tba project. a word description of the 4# t district, and *
detailed estimate of cost. The total project cot is estimated at
$6,640.000 with contributions from Menlo Park and Palo Alto bringing the
assessment drawn to $,89$,296. Conic .tdius, Mk. Jones staatod that the
final element of the report is a map wing the &.aural nature, location,
and extant of the proposed improvements.
Vice Akyor Dreamer asked for the potation , 4 i staff testimony an to
details of the project and benefits.
Mir Pewios d reported that the assessment strict bouoliaries are costaimed
on amp in the hr's report. 3hawins a tr>rwnpaareucy of that nap,
he said the honsidarie* are meetly described by a :.tae mbicb 'begins at
the Intersection of 111 Canso Seal and the Creels: and proceeds up sloas
463
12119/17
the Creek to where it intersects with existing Willow Road, then proceeds
parallel with Willow Road about 700 feet distant from there, back around
Stanford Medical Center axed the hospital, down southeasterly of Quarry
Road, then to El Canino Real, and up El Casino Real to the point of
beginning at San Francisquito Creek. All of the parcels within that
line are contained within the district; and the district is made up of
approximately 336 acres and 49 parcels.
Mr. Pawloski said the work on this project would include the widening
and improving of Sand Hill Road from Santa Cruz Avenue to Arboretum.
That involves widening to four lanes, installing storm drainage, pave-
ment, landscaped medians, bicycle paths and pedestri=an walkways on
either side of the roadway, signalization at intersections, safety
light.ng at intersections, together with such additional acquisitions
and improvements as may be necessary to 'mitigate any environmental
impact. Mr. Pawloski continued by saying that from Arboretum to it
Camino Real there is a street opening, the acquisition of land for that
opening, the conatruetion of roadway improvements including signalization,
surfacing, storm drainage, bicycle paths and walkways on either side of
the roadway, landscaping, together with such 94ditioral acquisitions and
improvements as may be necessary to mitigate any environmental impact
caused by the project. Mc. Pawloski stated that description of the work
is further defined by the plans, details, specifications and contract
documents contained in the engineer's report.
Speaking to the benefits to be derived from the projs.:t, Hr. Pawloski,
mentioned the provision of a street opening connection to El Camino Mal
for Sand 3111 Road, together with improvement of existing traffic ,,;irculation
and access conditions within the assessment district area, and the
concurrent improvement of traffic safety, convenience and comfort, Mr.
Pawloski explained that the method utilized to measure the benefits to
each parcel to be assessed for the cost of the acquisition aed improvements
WS5 threefold: 1) the local benefits accruing through commercially
mend and
d laud, 2) +
.N.... �+.•. used �.�saxs, .;) a traffic generation factor for each parcel of
land was considered, and 3) a zone benefit factor for each parcel of
land was considered.
Referring to a chart on the screen, Mr. Pawloski explained that it
showed the coat to assessment and the spread. One side of the chart
indicated the total cost of the project at $6,640,000 coneisting of four
different categories - acquisition co*ts in the amount of $2,652,800;
construction in the ammo• of of $3,055,197; contingencies in the amount of
$322,003; amid 1aacLd. tat expenses of $610,000. These together constituted
the total estimated cost of the project. W. Pawloski continued that
from the total me. deducted the public contributions which is they amount
of gooey contributed to the paojeect by the cities of Maio Park and Palo
Alto, aid that total amount is $1, 741, 704. That amount subtracted from
the total Leaven a balance to assessment of $4,898,269; and that was the
amount spread over the district m the basis of three factors. !►irst,
for local benefit, a direct ssseessaie ut wee subtracted for the street
opeaeiag for the sects from Arboretum' to El Camino Rsasi; and this
enema of $644,713 was applied directly to the parcels of land zoned and
used commercially. Deducting chat amount left $4,053,583 which was
eequa ly spread against traffic ganeeratioa,and sone beeoefits, Mfr. Pawloski
amid he would give typical examples for three parcels to explain how the
some benefits and the traffic generation factor app., ! to each of the
parcels. The traffic gaaeratio a factor for each land use varied from
.34 to 1.45, and this teeter was multiplied by the acres for each of the
parcels to arrive at a total amount of asses meat unit which was divided
into tb* ° totalamomat to be asseesed a sins t traffic eenerat ion to give
that factor. Them tat factor times the specific acrtuge gave the
asseaameat for traffic seaaerst ion. Farrel 21 has this j ffactor applied to
it (.66) . P 1 � at tbs p1 e. Cotter ba trafficgmeratioa
factor of i, mad the high -d city taaldiattal bas a factor of 1.45.
4 66
12/19/77
After there were determined, Mr. Pawloeki said the zone benefit factor
for each parcel was multiplied by the acreage for that parcel to arrive
at the total assessment unit, which was then divided into the amount to
be assessed, thus arriving at a factor that would be used to multiply by
the individual acreages. The range of factors for zone benefits Was
from .25 to 1. Parcel 21 which had a traffic generation factor of .68
had a some benefit factor of .5 which created a total assessment of
$28,000. In a similar fashion, the Shopping Center assessment was
found. There was a zone benefit factor of 1. The total assessment for
zone benefit and traffic generation plus the local benefit for the
street opening was applied to the parcel -soar -d and used commercially.
The high -density residential parcel 40 ha* a none berwefit factor of .8,
and the total assessment against that property is $754,824.97. In
conclusion, Mr. Parlcskt said the assessments, in his opinion, were in
proportion to the benefits received.
Jere*tah F. 8alliseey, 1 California Stress,, San Francisco, said he loss an
attorney and represented the owners of the Oak Creek Apartments. After
discussion with the City's Sorel Counsel and the City Engineer, an adjustment
was . made to the assessment for the Oak Creek apartments; end it was
considered a realistic oee. Mr. llallisey said his clients now supported
the project.
Charles Slutskin, 2280 Powell Street,
represent the management c.`. Oak Creek
were questions to be asked of hire, he
cos ent°.
San Francisco, was present .h.e
Awatments. Fie said unless there
bad nothing to add to Mr. Hallisey'e
Joseph Carleton, 23M Ross Road, said ba had been told by members of the
City staff that a two-thirds vote was required to form an assesement
district; and he would like that information to be confirmed or denied,
Mr. Jones responded that the action to form an assessment district takes
five affirmatitte votes, and that was true of all of the a2t=on on t;
agenda with she exception of the resolution aut�riting eminent domain
+.b �' .rte„ ..s+...casc. si;ysii33
proeeedi tge. In order for that resolution to be adopted, six affirmative
votes are requirs+d .
Mr. Caerletoo asked if any em neat domain proceedings wore required for
this project. Mr. Jones replied that the project required the acquisi-
tion of a substantial amount of property from Stanford University. Aid
understanding ems that ><tooe of the Stamford grant could be alienated.
that is, conveyed or sold mithe ut the threat of eminent domain. Me
further understood that stn for public vrarts such as utilities,
roads, . severs, and voter could be granted by the loerd of Trustees
without s threat of eminent dowels. Mr. James said that es the proceedings
ware sat up for iii cone dsrati'on et this meeting, it vas *seamed
that a fr,n title would be desirable from the City e s point of view in
*equities deny property fe;o Stanford. In order for the City to acquire
a fee title, rid votes mould be requirod for the eminent domain reeolution.
If anything short of site votes meteriaLized, gads only an sasemout could
be acquired.
Mr. Carleton expressed opposition to the project since he believed it
was s. steep in the wroEag direction. As one indication. the AUG Raviroommatal
Misomgemmot hash Yore* *sport envisioned such tluisrgs as no ears in downtown
ten Iremcieco, attempts by a number of means to clean up air and eater.
aamdstory smog control inspaecVpe, parkin tax /acreage, bus smd car
pool lasses and as increase in rain. The report raises the question as
to •ehether dependency on the automobile can . be decreased. The Seed 1111
Iced project would increepe fey sae the automobile. h#r. Carleton
*aid it would represent more mow apamc an wars and le.. ova llabla for
traaett. le believed that all embers of all Soards of Supervisors seed
4 6 7
12/19/77
City Councils in the nine Bay Area counties would be voting on the ABAG
plan, so it would appear contradictory to support the plan and vote for
the Sand 11111 Road project at the same time.
Mr. Carleton wondered how applicable the Environments', Impact Report was
to the project considering it is two years old and whether there were
requirements that it be updated. With regard to the cost of the project,
he asked when the estimate was made of the 6.6 million dollars and how
much that had increased with inflation. Mr. Carleton quoted from the
City Manager's report: "The benefits to be derived from this project
are the improvement of the existing traffic circulation and access
conditions with a concurrent improvement of traffic safety, convenience
and comfort." It seemed to him that the Envirosental Impact Report
states that basically, the bottleneck at the Santa Cruz intersection
will not be improved, traffic flow will not be improved and could
conceivably be made worse. Therefore, Mr. Carleton did not think the
project would meet the sole justificaticn for its being built. Quoting
from the Resolution of Intention, Mr. Carleton read: "That said improvement
constitutes a single comprehensive scheme for the construction of said
improvement." By ignoring the bottlenecks, he believed this was not
considering all of the improvements; and it was, basically, pieceszeaiing.
if this project is built, ultimately improvements will have to be made
at the Santa Cruz intersection to get more traffic flcr' through there to
Jvnipero Serra and Alpine Road. Mr. Carleton conclude. that meant there
would then be a new project, and that violates the Resolution of intention.
It also would violate the CE(A prohibition on p!ecemealing. Eve: if the
project is built, traffic flow still would be halted for eastbound
traffic to allow Oak Creek residents to enter Willow food and proceed
toward Palo Alto regardless of how any lanes there are. All the eastbotrad
lames would have to be blocked to accommodate the Oak Creek reeidentm.
By the sane token, all the westbound lanes would have to be blocked in
order for Pasteur give traffic to go westboend. r_r. Carleton said all
of the traffic restraints would still exist - about eight traffic
signals. Many times the tratfic is limited by the intersections at El
Caine and Junlpero Serra. The only accomplishment would be to allow
people to wait side by side instead of single file.
lie noted that Coune11eiember Menderson's response to a candidate's questionnaire
of some months ago asking "What do you propose as a solution to the
increasing mount of traffic congestion, air pollution and space taken
up by the autos bile?", eas "Reduce allowable sxiait density in induetrial
areas, initiate disincentives for automobile use, establish sous centers
for alternate transportation des such as buses, vans and car pooling,
strongly support mass transit peograa s." qtr. Carleton thought a vote
for this project sans inconsistent with that response. Councilmember
Pletcher responded to the SAM 4uestio4 as follows: "institute a charge
to employers based on the somber of employees driving to work in single --
occupancy ere, funds to be applied to van pooling program, contracting
for transit, bicyt le facilities." Again, approving a project that is
prosoting automobile u eel inconsistent with that response.
Couaeilmember Clay szsked that a staff member read to bi* that part of
the Code having to do with voting on eminent domain procedure. Mt,
ionic responded that the Code of Civil Procedure states the resolution
of e. sseity has to be edopt 3 by a twos -thirds vote of the Council. He
met there could be some controversy over +tether that meant the
eligible Couecii preset and votine or the whole Council. Hie own
interpretation was the:. there needed to be a two-thirds vote of the
satire Council. CouncileamtTax Clay thought it would be two-thirds of
those Cot citmembers eligible to vote, if Councilmember Carey were, not
persitted to vote on this matter, and Mayor Sher and Couecilaeser
Vitherepoom no; participating, then the Council should be leads up of sin
people; sod tw-thitda of diet Council would be four vote. CouncL er
46*
12/19%77
Clay recalled that on other or.casions when a four -fifths vote was needed,
the four -fifths was determitad from the total number of voting Councilmembers.
Mr. Booth thought that on every occasion where a four -fifths vote was
required, eight votes of the nine -member Council were needed. There are
some exception°, and one is an emergency ordinance which requires four -
fifths of those voting. Resolutions, for example, require five votes
regardless of how many Councilmeaebers are present or eligible to vote.
If Councilmaaber Clay's rationale were applied to this resolutici, it
would pass with four affirmative votes; and Mr. Booth -felt that would be
contrary to the intent of the Charter. Re agreed with Mr. Jones that
the vote should be two-thirds of the entire Council.
Councilaember Clay explained that in his opinion the eattre Council at
this meeting is six people,
Vice Mayor Brenner accepted the City Attorney's ruling.
Laurel Nitz, 872 Marshaaall Drive, in loolflog at the spectacle of cars
in the Sand Hill Road area, found that about one in ten bed two or more
people in it, about two in fifty had three or more, and at at one in a
hundred wee a full oar. Ms. Nita pointed out that if there ware car
pooling, a four -lane road would not be weeded. She asked whetb.r wi.deaiag
the road vas a progressive direction or a regressive one. Whet was
needed was people to be energy conacioue. She asked that plans be made
in thie project for form of transportation other than the automobile.
Ms. Nitz wanted to know why Portola Valley and Woodside were not contributing
funds to the Troject, considering the benefits they would be receiving.
Elfrid Gioumcueis, 992 Loma Verde Avenue, preaente.: a petition signed by
371 persons which read: "We the undersigned urge that you vote against
the proposed four -lane expressway along Sand Hill Road between El Camino
Real and Juniparo Serra. It would do nothing to alleviate the bottleneck
at the Sand Bill and Alpine Road interaeotion, Ana it 'would greatly
increase: vreseure to continue an expressway to highway 101. The present
problem of excess could be solved by extending the present team -lane road
through the edge of Stanford Sb ppiug Center parking lot or along Quarry
mod. Ws oppose using City funds for this expressway. Instead, nano ask
you to consider using a small fraction of tb.money it would coat to
actively encourage other forms of transportation, such as van pools,
bicycles end buses." Ma. u;ionmou sis said that as the tethered signatures
for the petition, she ford that people ware generally opposed to building
soother four -lane road. The AUG report states that. Santa Clara qty
hee the worst air Pollution in the Bay Ares. his. Gloomousis pointel out
the intense traffic conditions ditiens existing on< ' r adeero load and Page
Mill , for instance, e, and also on easy 101. She did not see how
building another rood would be a benefit. 7za the last election, it wes
mode very clear . that voters were loom for an alternative to the
,costinuation of the t+ d-bu lading trend. Mi. Gioneousis said the citlsess
of Palo Alto wanted the Council to Come up with a different wmy of doing
thugs so that air quality wowed be improved and oil would be conserved.
Gioamrc uaie' opinion, the people of Palo Alto arm just a aaas ready to
uuatk for conservation in this area as tbey have been p th water; and ell
Omit Is ceded is leadership. She concluded ber remarks by asking
mil to not waste money, resources sod energy on ,a road that wrdll soot
salve any problems.
Gerard Wagstaff, attorney for the Medical ?lase at 11.01 Welch load, said
he mad his : cli Bets y re present : to , ' otest a $47,597 Assessment on ths
groom& that it nes unfair and discriminetery. It doses not take into
*meant the proper factors in the,spreading of the Wit. Mr.
Wagstaff reported that the Medieal Plana wee rasetz icted in 1#137-5$ by
thirty -sought of the independest pbya taa�a in the Polo Al era, Sao
eats practiced Ooze sir _ time. �r!d j -�
Z2I1!!77
acres from Stanford University. These physicians obtained a commitment
from Stanford that when they bought their houses itt that subdivision,
that the subdivision roads and the access were complete. Accordingly,
there would be no possibility as 2ar as Stanford was concerned, of these
property owners becoming involved in an assessment district. Mr. Wagstaff
noted that the buyers were paying full prices for the land at that time
or.a ninety-nine year lease basis. The buildings of the Medical Clinic
were then built on five acres of land with very limited utility, according
to the lease. Existing there are 39,000 square feet of offices on a
oae-story basis on over five acres of land, with a restriction trom
Stanford which al'.owa for only three or four thousand additional square
feet. What this means is the owners cannot develop this land in the
same way that other owners could develop land in that area. This factor
was to have been taken into account when the engineer set up the formula.
That was not done, and Mr. Wagstaff wanted to know why. With the limited
use of the acreage, it was not the Medical Plaza which produced the
traffic; rather, it was created by industry. Mr. Wagstaff pointed out
this was an area traffic problem, and it should be solved in an area
manner. I. should not be solved by forming a local assessment district.
He said he compared the Medical Plaza with the Stanford Barn, and he
found the original assessment was $61,000 for the Plaza and $59,000 for
the Stanford Barn. The Stanford Barn was given a reduction from $59,000
to $39,000 while the Medical Plaza was given the token 25% from $61,000
to $47,500. Mr, Wagstaff urged Council to review the assessment for the
Plaza from the standpoint of traffic generation and because this property
was the only land fronting on Faeteur and limited by its development.
Dr. James 1. all, 1101 Welch Road, said mast of the physicians at the
Medical Plaza did not feel a widening of Willow Road was needed for
their purposes since most of the patients came a.t times other than rush
hours. There is no traffic problem on Willow Road during the day, percept
perhaps at noon when the Plaza was closed. Dr. Ball commented that if
Stanford University and the City think the road needs to be widened, then
so be it; but the physicians felt the assessment had been unfairly
distributed. There are approximately forty doctors at thP pla2a_ At the
Srsnford University Hospital and Medical Center, there are 700 doctors,
400 of wham are on the full time staff. It aeemed obvious that they
must generate more patient visits than the !Medical. Plaza's forty
doctors. Stanford's generating factor was :fisted as 5.20, and the
Medical Plaza's factor was 6.30. Dr. Sall noted that the hospital bad
may more supporting peraaonnei who required parking places. He
remarked that there were about 150 parking places at the Plazas compared
to several thousand at the Stanford Medical Center. Speaking to the
eons benefit factor, Or. Bali said the Plssa's was listed as 1.4
• ereas the Hospital and Medical Center zone benefit factor was 1.3.
as asked that Cecil look at the assessment again for the Medical
P lasm.
Gladys Robinson, 426 Addison Avow!, read the following from a speech
snide by Connailaember Fletcher on September 6, 1977: "I am fully aware
than a traffic problem exists in the project area. An extension of
Willow Road to El Camino Real will 'alleviate much of this problem,
However, I believe a project of, the magnitude propaced, four lanes
from and to and costing almost seven millions dollars, is not justified.
The Eavironmental Impart Report clearly states that it is the interr-
ogations at either end of the project which act se constraints on the
traffic, and the traffic volute will not change appreciably with the
number of lanes. There will be a total of eight inter sec t is with
traffic lights it the project area. £ two-lane road with adeettat
..a....+.y lanais would move ` traffic ttrough the area just about as feet
at a coat far less than eeven million dollars. I as eurprissdthat
the isms of cost effectiveness has not been raised. Is one minute
saved mortis "xi' million dollars? 1 ass disturbed that tyre seems to
be e willingness to spend such vast sump of money on improving motor_
traffic comditieue whom we shed bejspeedlna th*t_ type of
'm arse aiteenetaLiv to lute tee." Mrs. ltobfnsun concluded
by saying sibs hoped.Couseii would tilt* those comments into consideration.
470
12/19/77
Dr. Nancy Jewell Cross represented the 239 persons whose names appeared
on two petitions presented to the Council on November 21, 1977 and the
Committee for Safe and Sensible San Fr.aaicisquito Creek Area Routing.
Dr. Cross vas also representing, along with Mr. David C. Stiles, the
University Park Association. On behalf of those persons indicated,
Dr. Cross protested the eatab]ishment of an assessment district for the
project and all proposed assessments not paid exclusively by Stanford
University from non -tax and non -lessee subsidized sources and which do
not generate tax exempt heads. One of her grounds for protest was that
traffic is not a proper basis for a public assessment -district. She
referred to a care involving East Palo Alto called Harrison versus Board
of Supervisors of San Mateo County (1975) 44 CA3d, 852. Another reason
for her protest was the project wag organized by a single private landowner
to benefit his own property in present and future developiente for his
own profits. Dr. Cross stated this landowner had materially controlled
inquiries into alternatives of project definition end proceed to its
own as distinguished from the public interest. This landowner has
ignored predictions of the Environmental Impact Report and the Public
Works Engineering Report of inconsistency of the declared public
purpose of the project with the single landowner's insisted smears of
simply increasing the number of lanes. Private purposes are
ins r�-;-.1aLt tc.x public special assessment districts. A single
landowner can organize itself and its lessees without public process
in the financing end make its own construction contracts.
Dr. Cross continued that because mil the primary and derivative lessees
are obliged and beholden in continuing relationships with the single
private landowner, the chant will be passed to others as Stanford
University passes it to them. Protest procedure for the assessment
district is essentially sham insofar as it depends on their outcry to
protect the interests of those injured. Dr. Cross' third point was
there was no benefit commensurate with the burden on those ultimately
responsible for the cost ensuing in the special assessment district.
The public ge:� :rally, and those wbo pay taxes and purchase goods and
services from those who ere aseeaaed, those who live in the vicinity,
are the true people being assessed. They are the injured by burden on
the sea sources en4 raising of prices without equivales:t value in the
public innterest, end Dr. Cross stated this was the way iaflatioz vas
entered.
Dr. Cross' fourth point was that the project v s inadequately defined,
and all parties necessory to the construction hove not come to agreement
on avers the ambit* of their separate authorities for future definition
of the project withim the cartel. Stanford its to be able to completely
control traffic patterns that are immediately related. Menlo Parlt has
e reservation for abet happens in San Mateo County. Even with this
addendum to the Resolutioe approving the agreement prepared by Zen
.in s, the approval of the City Council of Menlo Park Was abortive in
that there were just two people votimg fat it out of five. Referring to
Coonfilaembet Clay's earlier counts about Couocilmembers present as
distinguished from the total Council, Ir. Cross said that eats involved
here too. She handed out some information, and at the bottom of the map
page there were two citations referr1 _#o Attorney General opinions
which speak to this topic. They cite court cases and statutes all to
the point that the proportion is to be based on to whole membelship of
the body. Menlo Park bare not approved of the project, and they have
quest/cosquest/cos about the definition. Dr. Cross said that certainly anyone
who m m being asw eharld kmow whet tie project is. further, the
project should be defined before the Ems' is prepared.
Dr. , Cron.' fifth point epee assesammmt proceedings were premature in that
Ohara does not exist lead agency decision of the project following the
rt entaf React Report addressed to a finite, definite and stables
project description with c nsierabig of all rule alternatives,
A 71
12/19/77
which the public should have an opportunity to teview and respond to.
The project description has been unsteble because proceedings for which
Palo Alto as the lead agency is responsible, failed to respect the
requirements of California Public Resources Code, Section 21,003 that
local agencies should "integrate the requirements with planning
and environmental review procedures so that all such procedures to
the maximum feasible expense run concurrently rather than consecutively."
The master planner of the sole private land owner for the assessment
district, Stanford University, said that he "completed all his work long
before the preparati a of the EIR". City of Palo Alto waited a year
after approving a design for the project following approval of the EIR
and invitation of the City of Menlo Park to discuss the project before
accepting the invitation. Dr. Cross said the Board of Supervisors of
San Mateo County was then approached with six design plans and petitions
of the public for updating the 1975 RIR and plr*mtng participation by
those responsible to affected residents of unincorporated areas. This
has been ignored by those who are determined to spend $539,000 of the
San Mateo County tax money on the project. The requirements of the
California Environmental quality Act have not been, as they must he,
satisfied prior to valid assessment district proceedings on the pro,:ect.
In conclusion, Dr. Cross brought to the attention of Council the fact
that unless it could attach some weight to whether people own property
in the assessment district or leas it there, the Courts have been
holding that the first and the fourteenth amendments to the Constitution
entitle people to be heard and respected in their views regardless of
whether a statttte may designate ogly property owners. Ism that regard,
she cited the case of Hawn versus City of Ventura (1977) _t3 CA3d, P1019
and an article in the UCLA Lau Review: "Right of Non -Property Owners to
Participate in the Special District Majority Protest", Steven A, Gaines,
(1972) 20, UCLA Law Review 201. Dr. Cross thanked the Council for its
consideration of these points.
David C. Stiles, University Park }..sseciation, said that Dr. Cross had
covered the points he wished Council to consider.
Mr. Slutakl.n, who ttad spoken briefly earlier, said the Oak Creek
Apartments had probably spent as much ttne and money on this project
as anyone else. The project was looked at by theme from the point of
view of cost of fective uesa and the two-lane road. Be said his clients
were no happier shout the $475,000 assessment than the physicians were
about their $47,500 asaess:aa nt. N;r. Slutmkin did not believe the
project mould get everyone's support. Bike lams have been put in;
open space is being provided at the expense of the project. Be felt
diet dragging out the proceedings veald produce * eZstive results.
for instance, i of lat i oe is continuing. In Mr. S lutekir' s opinion,
reasonable steps had been taken on the part of the City. He believed
that the management of Oak Creek Apartments vas responsible for major
delays in the project: A lot of time was spent talking to pule in
the City end at Stanford; and from this point oe, anything further
that is do* will not be cost effective but will be detrimeent:al.
Lon Surath, 1930 Ivy Lane, said he had listened to testy different
reasons why this project was not a good one. Mrs Surath thought it
was foolish of Palo Alto to bee* built the Oregon Expressway. Be hoped
that having faced serious energy sad rater shortages over the pmt
five years, Palo Alto would be farsighted enough , not to make tbs
mistake of building roods which mould provider more cars and poI.'.uti.on
without beeinee a -be mefit to the City. Surath requested Council to
reject the entire proposal, thereby showing concern for the citizens of
Palo Alto mad the area.
Vice Ma)or Bremer *eked that the meeting continue with staff rebuttal
to written ead oral_ protesta awl tamtimony.
472
12/19/77
With regard to protests, Mr. Pawloski said he would addrea:s his rebuttal
to three general categories: 1) the assessment district being too
small; 2) generation factors being exaggerated; and 3) benefit factors
being exaggerated. Speaking to the first category, Mr. Pavloski aaaid
staff's data was from the 1962 Origin and Destination Survey which
identifies trips terminating or beginning within the district. He
stated staff's opinion that expansion of the proposed assessment
district boundaries to include other area cannot be justified by
benefits accruing to those areas. To the extent they mist, they are
general in nature and not properly the subject of special assessment
leeiea .
Speaking to the protests made about the generation factors being
greatly exaggerated, qtr. Pawloeki said data was used from three
sources - the 1972 Origin and Destination Survey was one. Where staff
did not have specific information, traffic counts were conducted; and
that informration was adjusted to a common base year by recognising
that some data was from 1972 and some IOW from 1976. The date was
tested against information produced by the Ynstitute of Transportation
Engineers. Staff mat with participants and discussed their concerns
and objections. fii.ese were considered and cb aeges mere made to the
traffic generation formula. For example, the Shopping Center date
was revised to include the EI& information for the Center and to reflect
some construction underway. Mr. Pawloaki said the net result of that
was that the traffic generation factor was increased for the Shopping
Center sad consequently reduced the traffic generation factor all
other parcels.
A,ddreeeing the third category regarding zone benefit facture being
greatly exaggerated, Mr. Pawtoakl stated that after discussion with
participants the criteria were re-eereined. Criterion 1 con.siata of
sixteen differed conditi:re representing a spread of those points.
After discussions, staff axade a one-half point reduction in one
parcel. Criterion 2 involves zero to seven paints for fourteen
different conditions, and thole* relate to signalized intersections,
traffic control islands and additional traffic lanes. After discus-
sions, changes were mdse in two factors for two parcels.
Concerning the Parcel 16 protest, Mr. Pewloski explained that the
traf t is generation factor takes into account the sire of tits site.
The factor ie found for land use and multiplied by the acreage of
the site, and that le bear the acreage enters into the detereeinstion.
Apparently, there vas some concern over the inteeasity of the lend use.
For example, ram era. were meat that f..be five acre site daft not hale
such but7►ding ' oo'rez'age. Alain, the intensity of the use was taken
into Account in the determination of the fae(,.ar. When the 1972
Origin and Destination Survey vas taken and traffic counts were made,
they were reduced to scrounge f inures . Whoa these figure* were foam ted ,
in ass cases building egvare footage etas taken into consideration.
For the parcel in question, the generation factor ems Locked at with
regard to the acreage of the smite because that is the cow
por ter that . sated for all parcels. In come canes traffic
generations factors which staff checked from the Institute of Transporta-
tion Enginseva were not based on sure footage, and that was used as
e verifier and applied to the common p.ra n eter of affectable area of
the , site to acres. In the VISO of Parcel 14, it was considered along
with all of the parcels in the Welch Road area. Staff looked at that
area in its emtirsty, end there we. en origin/destination study for
that total area. Recognising that over than years specific occupancies
annaistemt with the sating old take place, staff tit it vats
best to use tho overall factor. Mt. Pee loshi stated he had checked
into the traffic generation for the Medical Puma, and be wes certain
he could demonstrate . that "t: traffic generation is biaber than .6$.
4 7 3
- ____19119/71-
k
Mr. Jones supplemented Mr. Pawloski's remarks concerning Parcel 16
by not'ng the position being expressed was that there is come provision
in the lease which the tenant has with Stanford University precluding
development of the property to its full potential, and mention was made
of the fact that the formula purported to account for specific
individual factors in spreading the assessment. Mr. Jones remarked
that the reference was made to factors that were available to the city.
Field surveys were made in detail to examine the properties as to the
level of their development, the extent to which reserved future rights-
of-vay had been used, and the records that were available. However,
Mr. Jones said he did not purport to read in detail all of the leases
which were made and entered into between the tenants and Stanford. If
there is some provision in the lease which restricts this particular
tenant in the area of development, he was not aware of it. However, Mr.
Jones was not sure he could have accounted for any such provision as a
epecific basis for relief since a lease can be amended; and that is a
private taeansaction.' The speaker said the property was unique in that
it was the only property fronting on Pasteur, but Mr. Jon's thought the
property across the street also fronted on Pasteur.
r. Jones continued -that .brief mention was -made of__ the _ fact this
was a local assessment district problem rather than an arca traffic
problem. Re thought the statistics mentioned by Mr. Pawloski regarding
the origin/destine ion study of 1972 showed that approximately one-third
of the traffic involved on Sand Hill Road is through traffic, and that
element of the cost distribution has been accounted for in the various
public contributions that have been made by the cities of Palo Alto and
Menlo Park and the county of San Mateo. If there are special factors on
this parcel which are recognizable in adjusting the assessment and have
been overlooked, Mr. Jones said he would be pleased to look at them. He
stated he had not heard any at this meeting which he felt would warrant
such review,
As far as the other protests are concerned, Mr. Jones commented that thf
protest on Parcel 16 was the only one directly generated by a property
owner or a tenant in the assessment district. He did not want to discredit
or de-emphasize the testimony of others, but the basic purpose of this
bearing is to hear from people who are financially effected. Soee legal
points were made by Br. Cross which generally apply to the project, and
Mr. Jones said a brief response 6o those was in order; however, he had
not beard her identify any property owner or tenant in the project area
why .he r rase ntl'. To Dr. Cross' stetement that traffic, as such, is
not considered a proper basis for as aseeessstent district spread (citing
the Harrison case), Mt. Jones reported that case - involved a drainage
assessment district rather than road improvement; and, therefore, it
should be distinguished on those grounds. He noted tbeesDe, Creel had
mew the point that the Sand gill Road protect involved a single landowner,
and that is not fatal. i'he bdivision Map Act expressly authorizes •the
formation of assessment diestrL is by single landowners to finance subdivision
improvements, and that practice is common threughout the state. Mr.
Jones added than his GOMMEM.t was not to suggest that this project is a
s bdivision improvement, but -that type of thing is erg for subdivision
developmeot.
Referring to Ter. Croce' remarks as to - whether the Menlo Park agreement
had been actually approved by the bien.lo Park City Council, Mr. Jones
enact that was, trot emmething that could be - dec d by the Palo Alto City
Council. However, be pointed out. that for General Law cities, the
majority of a quorum conetitutes Council or board action; and be press
that was what had been relied upon in Menlo Park** forwarding the document
as having been approved. If there is any queeation about that, the
document isould have to go back to the Menlo Park Council for reconsideration
and advice by them: however, that halinothing to do _with Palo Alto's
1Z/19,77
actiou at this meeting. Mr. Jones concluded by saying he had no comment
on environmental utters other than those which had been set forth in
his written letter to Council.
Vice Mayor Brenner declared the Public Roaring closed.
Councilmember Fassino was please: to hear the situation with Oak Creek
Apartments had been resolved, and he was interested in hearing how that
ha4 been done. Mr. Pawloski responded thee; were changes made in the
esseseeaeent formula. Staff introduced a direct benefit for the street
owning between Arboretum and El Camino Real of approximately $800,000
which yet. applied directly
-r,..►�...s v+sas�.v.�y ?.o the commercially zdned and used parcels,
which are about nix parcels of land at the Shopping Center complex.
That amount of money had previously been applied throughout the entire
district. Secondly, Mr. Pawloski said in considering construction now
underway et the Shopping Center, the traffic generation factor for all
other parcels wags reduced; and consequently, the amount of assessment
want down.
Counci]messber Eyerly observed there had been three written protests.
Earlier the Children's Hospital and Oak Creek Apartments had protested,
but they removed their objection. He expressed pleasure in Stanford's
having worked out the Council's concerns with the miscellaneous items
addressed earlier i,n the evening. Stanford's willingness to go ahead
with Campus Drive will do much to alleviate the traffic congestion at
J►tnipero Serra, Santa Cruz and Sand Dill. Councilmember Eyerly thought
that part of the bottleneck. with Campus Drive in would have, been the
bridge; and with Sand Hill Road going through and a new bridge,: in that
obstacle is removed. He pointed ou., to the people who presented petitions
and remarked on the number of people they knew of who objected to this
project that many signatures were given to Council earlier in favor
of the project; and those were generated to a great degree by the Stanford
Shopping Center. Couneilmember Eyerly's thoughts were that the project
+mould correct traffic problems in that mediate arta, and the project
was long overdue. He could not see any substantiation of the fears that
further traffic would be generated by the Sand Hill project An that Stanford is
committed to not develop its grounds further out ors Sand Hill Road, The
development on Sand Hill Road La in to ita greatest degree; then, it
cots to El Camino, and that is the end of it in that direction.
Councilmember Eyerly pointed out that delay could result only in increased
inflation. The problems of traffic would not be solved b7 defeating
this project, is Cout eilmemher Eyerly'e opinion. The proper approach to
the concerns regarding air po1llotion is for the Council to work with the
major employers in the Sans Clara Valley in the Aran of van pooling,
car pooling, and public transportation- ua e.
Because his aced support of the Willow load Project caused great
cowers among see c ni.ty'as more Ardent envirommentslists, Council -
member Henderson vented to explain the reason for his vote. He made the
following statement; "I have been involved in this subject for over six
years. In 1971 when the actions, by Palo Alto aged Menlo Park voters
assured epee that the proposed Willow Expressway from the Dumbarton Fridge
to Highway 280 mould not be built, I turned to the problem of congestion
on the ant of Willow Road tsrninat3ng et the Stanford Shopping
Cloutier. I plascsd an item of Sew Susin'ss ors the agenda directing the
stoat' to atttdy end report on the feasibility of widening the existing
Willow Rood and extending it to Rl Camino keel. I will not go over all
that happened aver the three to four year period after that, but ultimately
a project wee voted on and passed y the Council on a wens vote margin.
I voted against the project then, mainly for two reasons. The now
extension wets to run through the trees instead of along the edge of the
Shopping Center perking lot, and Stanford bad backed off from the original
prowl= to complete the north branch of opus Drive to Juniper() Serra
Boulevard.
4.7 5
12/x!/17
Tonight I am supporting the Sand Hill Road Project for three main
reasons. First, the previous two Councils (including the one of which I
was a member) approved the project. Based on this approval, Stanford
has undertaken a multi -million dollar improvement program for the Shopping
Center. Phase I has been completed, and Phase II is well underway. I
think it would be an irresponsible action by the Council now to kili the
Willow Road Project. My second reason is related in that based on
the two Council approvals, the City has expended about one-half million
dollars on engineering and design work, setting up the assessment district,
etc. If we kill the project now, the City bears that full cost with
nothing to snow for it. For another $170,000 expenditure by the City,
we will have a completed project. My third reason for supporting the
project is that we have been able to obtain sole important mitigating
points. Campus Drive is going to be completed, and soon. I agree with
Joe Carleton and others that the Willow Road improvement alone is little
help if the bottleneck resins at the Sand Hill/Alameda intersection.
The chief cause of the bottleneck is the tangle and backup on left turns
off of Willow. By completing Campus Drive to Junipero Serra Boulevard,
we open up a far better route for people going south from the hospital,
various offices and the Shopping Center.
We also have a statement of intent from Stanford to provide, as far as
economically feasible, average income type housing on the vacant forty-
six acre plot of land north of Willow Road. That is the largest re ining
property in Palo Alto that is available for hooeing. I also have Stanford's
agreement that the University will not speak in favor of a conpiete
Willow Expressway connecting to the Dumbarton Bridge. There is a similar
agreement that the university will not support a connection of Sand Hill
Road across El 'amino to Palo Alto's Alma Street. The Willow or Sand
Hill extension does run through the trees, and that saddens me. It
should have been placed on the Shopping Center parking lot. But through
careful designing, only a dozen or so trees bill be removed; and approximately
three hundred trees wlii be added along the project. Other favorable
points ootafned are three and one-half acre: of open apace to be dedicated
as City park land between the Shopping Center and the creek, a guarantee
that Stanford's portion of Arboretum Road will remain open, a ninety --
foot ettbeck from the creek for all new develop ante, and access for a
creeke ide trail all along the creek bank.
I've worked hard on this project, and I have confidence in the good
faith of all those person.- who have been involved in the iegotiatioa.
History has shown some serious problems in dealing with Stanford, and 1
have taken a few lumps myself in the past. However, I aee nothing to
gain by subscribing to the anti -Stanford feeling expressed by sone
members of the community- Wien it cosecs to development projects of any
type, Stanford should have to go through the same processes for scrutiny,
public input, and approval as any other applicant. Certainly, they have
been put through the full quota of processing on this project. I an
grateful for the hard work and cooperation exhibited by Ben, Pewloski and
other city staff members, by Mr. Joys, acrd by the various Stanford
officials involved in the project. The project is not going to be
designed the way I had hoped, but it is far better than originally
approved. There is no doubt in my mind that given what has ham to
date, the project should be ap;.raged and expedited.",
Councilmember Fletcher anted she *reed to a great extent with the
speaker who believed this project was unwarranted. She fmlt it wet an
extravagance tot granted by the level of improvement to be achieved.
The SIR does estate that only four minutes will be saved by the construction
of tlpe project, C .ilm r Fletcher tit the extension of the
premium roid through to El Camino is justified and overdue. If Council
were being asked tonight to determine the location with the molter of
lases for the project, Councilmember Pletcher said she - tl d -; no - -
mare- then a - **pie two-lane i of the present road a% the edge
of the iGeg star pares lot. auever. that 1s sot the question
476
12/19/77
before Council at this meeting; and the scope of the project has already
been legally determined. Councilaember Pletcher stated it would seem to
her to be an abuse of the power she had as a Council giber to use the
items Council vas being asked to vote on as an excuse for halting the
project, and she would go along with approving the project.
Vice Mayor Brenner made the following stateruent: "If we are to believe
that this proposed project is primarily to serve this assessment district
and not another Zink in that never -to -be -finished freeway, then we can
only conclude that it is over -designed for the pureese. That portion
lying between Arboretum Road and El Camino is listed as costing about
two million dollars ---land acquisition plus construction. I consider
this a really disproportionate cost for removing a bottleneck just a
short distance, the bottleneck being moved from Arboretum to El Camino.
As an elected member of the Council, I feel tJ interests of the people
are not being served by voting for this elaborate project, most particularly
the four -lane end. I feel that a traoetan extension from Arboretum to
El Canino with right turns only would provide relief from rush hour
traffic without setting the stage for yet another heavily travelled road
through Palo Alto. I am, however, even more :concerned about the impact
this will have for the residential areas in Palo Alto. How long will it
be before the City gives in to another major crone-tcvn expressway? And,
will it be Universi`.y Avenue, Hamilton Avenue, mbarcadero Road, i.'ha4leston
Road, or will we back to cutting through the north end of town near San
Prencisquito Creek? The pressure of traffic will tell the tale. Axe ve
reedy to accept Alma Street sea an expressway? The pressure can be so
great, the traffic c471 become so bad in that area, that people will
finally throw up their ;reds and vote for that --or perhaps the Ceu cil
will, in order to ewe the bottleneck still further. Conditions have
been created that win force more aad more re extensive road work at a time
when we should be putting all our efforts am alternate forms of txeraportation.
Ilia road, and most particularly the loog•-range impact of building this
highway front, is not acceptable to me."
MOTION: Councilmember Eyerly introduced the following resolution and
moved, sec eded by Passing, its adoption:
REGION NO. 5499 matted "A RESOLUTION
OF DETERMINATIV, OMR DIVISILRi 4 OP THE
STREETS AID *IMAM CO, TO PEOCEED VI R
oc t ACQUISITIONS AND "S"
MOTION PASSED: The resolution alas adopted on the following vote:
ATES: Clay, Eyerly, len4ersw, Passiao, Pletcher
er
ii : *rennin
FAl tICIFAT1IG: Carey
ADMIT; Sher, Witherspoon
MOTION: Consci ember Eyerly intro the following resolution and
mowed, seconded by Tessin°, ita sdeptiont
A MOM= 00. 54110 entitled "A Trion
OVEIRULIP9 nouns ow IlLOLOTIOM t $ FIZLININART
DEIT20611_TIiiS AND CI SOU NO. 5310"
1
MOTION PASSED: The resolution was adopted on the following vote:
AYES: Clay, Eyerly, Henderson, Fazzino, Fletcher
NOES: Brenner
NOT PARTICIPATING: Carey
ABSENT: Sher, Witherspoon
MOTION: Counci].member Eyerly introduced the following resolution and
moved, seconded by Fazzino, its adoption:
RESOLUTION NO. 5501 entitles` "A RESOLUTION
ORDERING CHANGES AND MODIFICATIONS"
MOTION PASSED: The resolution was adopted on the following vote:
AYES: Clay, Eyerly, Henderson, Fazzino, Fletcher
NOES: Brenner
NOT PARTICIPATING: Carey
ABSENT: Sher, Witherspoon
MOTION: Cuuncilmember Eyerly introduced the following resolution and
moved, seconded by Fazzino, its adoption:
RESOLUTION NO, 5502 entitled "A RESOLUTION
AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING ASSESSMENT AND 0RDVRING WORK
AND ACQUISITIONS"
MOTION PASSED: The resolution was adopted on the following vote:
AYES: Clay, Eyerly, Henderson, Festiva, Fletcher
NOES; Brener
NOT PARTICIPATING: Carey
ABSENT: Sher, Witherspoon
-NOTION: Cr .fir Eyerly introduced the following resolution and
sad, eeconded by Tessin°, its adoption:
EESOLTION NO. 5503 entitled "A mammon
DESIGNATING COLLECTION OFFICER"
XO I * PASSED: Tho resolution was adopted on the following vote:
ATES: Cieyo Eyerly, Handerson,, Tessin°, Pletcher
Imo: Bar
NOT PARTICYP AXI* : Carte _
DENT: Sir, Witherspoon
?ION: Councilmenber grail introduced the following resolution and
moved, seconded by Fazzino, its adoption:
BEAREMION NO. 5504 entitled "A Nunn=
VACATIOF 01 MOSIINIAL STRUT RIMS.
01 AT ALM KUM Me
4 7 B
12/1!/77
MOTION PASSED: The resolution was adopted on the following vote:
AYES: Clay, Eyerly, Henderson, Fcxxino, Fletcher
NOES: Brenner
NOT PARTICIPATING: Carey
ABSENT: Sher, Witherspoon
Councilmember Eyerly, speaking to the resolution regarding eminent
domain, which he not yet been moved, said there could be a postponement
until Councilmember Carey has his hearing as to whether or not his
participation would constitute a conflict of interest; however, he did
not know whether that would be advisable until the staff had been heard
from. It wan Councilmember Eyerly's understanding from Mr. Jones'
comments that the city would be in a position to move ahead on the
project without actual eminent domain since Stanford University is the
sole opener of the properties, and some arrangement under their fifty
year land use agreement could be worked out.
Mr. Booth informed C sncil there was no pending hearing regarding Ct'q cilme er
Carey's situation. No lawsuit wee pending, and no advice or assistance
has been sought from any source other than the conference with Superior
Court today in which a' temporary restraining order was denied by the
judge. Mr. Booth remarked that resolution of the matter could take a
considerable time, such as three ox four months
With regard to eminent domain, Mrr, Booth said that although he was not
an expert on the Stanford land grist, it was his understanding that in
order to pri tect it from possible claims of land needlessly being given
away to other agencies (including the City), Stanford desires that some
indication occur to indicate the City will acquire the land by eminent
domain miens a settlement is achieved. And that is why the eminent
domain resolution is on the agenda. btr. Booth continued by :saying there
are alternate mews of dealing with the problem of the lend involved in
this project, and those can be pursued —probably in a shorter time than
it will take to resolve same of the other questions.
Councilmember Eyerly eskee if that route were take* whether it would
then be necessary to have reassessments within the district. i4r. Josses
responded that the project is set up to acquire fee titles. That has
been deter to be in the best interests of the City` an0 that 3.s the
way property is nosr acquired for road purposes by the City. Legally, the
City could acquire just an easement. The question then arises whether
the scquieitiott of a leaser interest would have any kin4 of aea impact on
appraisal value which have been determined for the properties to be
screed, and Mr. Jeri said be wes not in a position to answer tkat at
this time. He explained that some appraisers simply do not make an
allowance for any difference between fee title and public its when
they VOITO talking shout a full-fledged pest improvement of the
rte. For ell practical purposes there hes been a fee -Staking, and
therefore they appraised full value. Others assign so!4 percentage. In -
this situation, it would be necessary to go back to the appraisers and
see whether they felt on adjustment in t e .value of the property should
be maw.
Councilmember Eyerly w ntsd to Irnow if the resolution were moved end not
paaa d, whether it could be iced _a g* n. Mt. Booth said for
reconsideration. the piling side could move to have the resolution
continued to another time. A member of the staff could pct t t item an
at future agenda and so could d any somber of the Council as a natter of r ; ,
Der Besinees.
4 7 9
12/131/77
MOTION: Councilmember Eyerly introduced the following resolution and
moved, seconded by Clay, its adoption:
A RESOLUTION DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN LANDS AND
DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS
1
LOTION: Vice Mayor Brenner moved that the Eyerly motion be continued to
the 9th of January.
Vice Mayor Brenner explained she would like to know what the difference
in assessment would be if the section of the road from Arboretum to
Willow were scaled down to a two -land road.
The notion to continue died for lack of a second.
Councilmember Henderson noted that ,he project has now been approved,
and he could not see the advantage to not accepting the fee title. It
vas important for the City to have title to the park land, and he could
aot see that anything positive would result from turning it down.
Although it is not a positive thing, there is the possibility that the
City may not end up with title to the land and thus be able to create a
dedicated park land.
MOTION FAILS: The motion to adopt a resolution acquiring certain lands
and directing the filing of eminent domain proceedings"(which required
six votes to pass), failed can the following vote:
AYES: Clay, Eyerly, Henderson, Fazzino, Fletcher
NOES: Brenner
NOT PARTICIPATING: Carey
ABSENT: Sher, Witherspoon
Councilmember Eyerly stated that he would support a aotSon to reconsider
and then continue the eminent domain resolution in vice of the fact that
staff might come back to Council at that time with information as to
whether assessment figures aright be changed, etc. He said he would not
be interested in having staff do in-depth work to determine that the
results could be if the plan were cut to a two-lane road, but some basic
material could be a utfsc.d in view of the fact that the project can
proceed without fee title.
NOTION: Vice Mayor Brenner awed, seconded by Fletcher, that the
resolution concerning eminent denim► proceedings be reconsidered.
NOTION TO RECONSIDER PASSED: Thhe motion to reconeideer passed on the
follow% vote:
RTES: Brenner, Clay, Eyerly, Henderson, Faxzino, Fletcher
NOES: None
MOT P K tC IFbTIII G : Carey
ABSENT: Stier, Witherspoon
NOTION: Vice Mayor Bra moved, seconded by. Eyesrly,- that consideration
of the resolution TO eminent domain proceedings be continued to January 9.
MOTION TO CONTINUE PASSED: The motion to continue passed on the following
vote
AYES: Brenner, Clay, Eyerly, Henderson, Pazzino, Fletcher
NOES: None
NOT PARTICIPATING: Carly
ASSENT Sher, Witherspoon
Vice Mayor Brenner said that concludes the Sand Hill Road item until
January 9, 1978.
VISUAL ARTS JURY INTEBNIINS
Coalman.. of Council was that it wished to bring up this matter on
January 9, 1978.
ENVIRONMENTAL MANAGEMENT PLAN WORKSHOP
Consensus of Council was that it wished to bring up this matter on
January 9. 1978.
COTTNCILMEMBER ETCHER RE ASSISTANT CITY A11 O
Countilmember Fletcher, referring to a recent newspaper article, wished
to sake it clear that she was not angry at the Assistant City Attorney,
and by this statement wished to correct what- had been a mis-statement is
tips newspaper.
CANOKLLATION OF C UNCIL MEETINGS
MOTION: Cooncilmember Carey moved, seconded by Henderson, that the
mil meetings of Dew 27, 1977 and January 3, 1978 be cancelled.
She motion pow on a unanimous vote, Mayor Sher and Cc mcL r
Witherspoon absent.
BRING COWOHATIOW.IXPORT
MUM Conecilmember Carly moved, *ec4::ded by Henderson, that the
Policy sad Proiedures Committee recommendations on the Housing Corporation's
Report ol xknt to Unite be continued to Jenu ry 9, 1978.
They motion passed on a unanimous cote, Mayor Sher and Connoilmember
Witherspoon at t.
POTION: Conmcilmember
meeting adiaorm.
The motion passed on a
11125 a.m
ms
Carey moved, seconded by Henderson that the
unanimous vote, and the mating adjourned at