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02031975
CITY COUNCIL MINUTES CITY Or - PALO ALTO Regular Meeting February 3, 1975 ITEM PAGE Minutes of January 13, 1975 8 8 9 Retirement of Clarence Anderson, Assistant Chief of Police 8 9 0 Informational Report; Santa Clara County Rapid Tranait Develop- ment Project 8 9 0 Resolution of Appreciation to Youth Advisory Council fibers 8 9 7 Information t:eport: Santa Clera County RTDP (Continued) 8 9 8 Resolution of Appreciation to Grace McAllester, Chairperson 9 0 3 of the Human Relations Commission Appointment to FACDAR 9 0 3 Model Smoking Ordinance 9 0 3 Campaign Fund Limitations 9 1 3 Ordinance Amending Sections of Title 2 of the Palo Alto Municipal Code re Council Rules and Procedures 9 1 3 Ordinance Relating to the Publication of Names of Contributors and Amounts of Contributions in Municipal Elections 9 1 3 Resolution Chaffing the Citywide Stop Intersection System and Hap 9 1 7 Coat Sharing Agreement with City of ilealo Park; Pedestrian/ Bicycle Bridge over San Francisquito Creek 9 1 7 Housing Land Bank and Mini -Park - Property Near North County Courthouse 9 1 9 Alternative goad System for California Avenue Industries - Consultant Selection for the Engineering Study 9 1 9 Palo Alto Polio: Department Report of Activities 9 2 1 O a1 Communications 9 2 2 Ad j ournmen t 9 2 2 8 8 8 2/3/75. February 3, 1974 The City Councilof the City of Palo Alto met on this date at 7:40 p.m. in a regular meeting with Mayor Sher presiding Present: 12eah.rs, kerweld, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher Absent: None �1 tes of January 13. 1975, Councilman Comstock referred to the beginning of the third paragraph on page 801 and asked that the spelling of Terry .►rumbull's name be corrected. Councilman Norton requested that the third lire of the bottom paragraph on page 810 have the word "including" changed to "within" and the comma after the word "mentioned" corrected to a semi --colon. The words "none at all" in the last line of the same paragraph should be corrected to "could even continue to oppose the idea of a connection". Councilman Clay asked that the words "per acre" be inserted after "000,000" on the ninth line from the top of page 809. He further requested that "California" be changed to "El Camino" in the first line of page 823. Vice Mayor Henderson suggested that a comma be inserted after the word "discussion" in the next to the last line of the first paragraph on page 797. He also noted that the words "a maximum of" should be inserted Lefore "86 parking spaces lost", twelve lines from the bottom of the first paragraph, page 810. Vice Mayor Henderson requested that "as" be struck out of the next to the last line of the next to the last paragraph an page 815, and the words "or going over to" be inserted. In the last paragraph, the comments should be attributed to Councilman 2lervald rather than Councilman 8eahrs. Vice Mayor Henderson asked that the words "before the barriers were installed" be added after the word "Bovdoin" in the second line of the first paragraph on page 821. Further, "rate" needed to be inserted after the words "across-the-board" in the paragraph just following Resolutien No. 5049 on page 825. MOTION: Councilman Comstock moved, seconded by Pearson, that the minutes of the January 13th meeting be approved as corrected. The notion passed on a unanimous vote. Re9ueat to Move Item 2 Pornierd oar t e en a MOTION: Mayor Sher moved, seconded by Comstock, that Item 2 on the agenda, ehe retirement of Clarence Anderson, be moved forward for consideration. 8 8 9 2/3/75 The motion passed on a unanimous vote. Retirement of Clarence Anderson Assistant Chief of Police (CNP.:1 + : 5) Mayor Sher stated that Assistant Chief of Police Anderson served in the Palo Alto Police Department for over thirty-two years, having joined the Department the day after graduating from college. Three months later, Mr. Anderson began his army service which lasted for three and one-half years during World War II. When Mr. Anderson returned to the Police Department, he established the Juvenile Bureau. Subsequently, Mr. Anderson was promoted to the rank of Lieutenant and assigned the command of the Juvenile Bureau. Mayor Sher added that in 1962, Mr. Anderson was promoted to Police Captain; and iu 1968, he became the Assistant Chief of Police, Mayor Sher counted on Mr. Anderaon's long, distinguished, and dedicated career; and he expressed the gratitude of the Council members and the city as a whole. MOTION: Mayor Sher introduced the following resolution and moved, seconded by Comstock, its adoption: RES. 0;NO. 5063 Entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO CLA.RENCE ANDERSON UPON HIS RETIREMENT" The resolution was adopted on a unanimous vote Mayor Sher presented the resolution of appreciation to Assistant Chief Anderson. Assistant Chief Anderson stated that his long association with the City of Palo Alto had been one of the highlights of his life, and he expressed his appreciation of what the city had done for him. igainetionalWort: Skala pare Counts Ra id Transit Develo meat ct (RTP}P) (Q4R:13O:5) Councilman Rosenbaum, Council Representative to the Santa Clara County Transportation Commission, reported that the Transit District had been studying a Rapid Transit Development Project during most of 1974. The final reports had been presented to the District and the Commission late in October, Councilman Rosenbaum noted that this Rapid Transit Project offers the hope of solving some of the transit problems that Palo Alto would be facing. The District requested that a preaentatioo be made to all of the City Councils for their reaction to the study. Councilman Rosenbaum pointed out that the unique feature of what had been done was that a goal had been set which the Transit District was to meet, and the consultants were asked to - in concept produce a system which would greet the goal. The goal that was established was one of attracting thirty percent of all the tripe made in the county; and when the fact is considered that the county is a fairly dispersed suburban one, the goal is seen as av imposing one. Councilman Rosenbaum commented that the information before Council was an excellent summary of the Phase 1 study done by Ted Noguchi, Traffic Engineer; the eraanery of the whole report that was prepared by the consultant; and a recommended plan of action prepared by James Pott of the county staff. Councilman itosenbau said that Louie Mop itil would make a presentation on behalf of the county staff; also, R Bert Arnold and Steve Levy, of the consultant team, would comment on some of the conclusions. 8 9 0 2/3/75 Mr. Lou Montini of the county staff stated that the Rapid Transit: Development Project was created to provide the framework for a county- wide rapid transit system in Santa Clara County, and the aim was to devise a totalsystem that would achieve the goal of attracting thirty percent of the total person trips made by the residents of the county. The study was financed entirely by the Transit District, and no federal funds were involved in the Phase I effort. Mr. Montini said that the governing body was the Board of Control composed of the five members of the Board of Supervisors, the two AMC representatives from Santa Clara County, one MTC representative from Alameda County, and one from San Mateo County. The Board of Control is advised by the Transportation Commission, of which Councilman Rosenbaum is a member. Mr. Montini reported that the Phase I effort was initiated in March, 1974; and the prime consultant was DeLeuw, Cather & Company, assisted by a consultant team consisting of about six additional sub -contractors. The preliminary draft summary report was presented in October, 1974; and the finalized report will be published later this month. Mr. Montini stated that the impacts of achieving the thirty percent goal were very positive. There would be such obvious impacts as energy savings and reduction in pollutants as well as social benefits. The additional accessibility that such a system would provide to people who now do not enjoy convenient mobility would be very advantageous, Perhaps the most surprising impact was that if the thirty percent goal could be net, the overall net transportation cost to residents of Santa Clara County would be less with such a system. Cost savings which would result from people not using their automobile, but using public transit, would amount to approximately two hundred million dollars a year out-of-pocket costs. If time is assumed to be worth about three dollars per hoar, there would be another savings in the order of one hundred and .Fifty million dollars a year. These out-of-pocket and time costs are in addition to the environmental, social, energy, and other positive impacts that would be achieeed with such a system, Mr. Montini explained that the problem in Santa Clara County is an over -dependence on the automobile as a primary means of transportation, and the problem would be aggravated by conservative eatimstee which indicate that growth in Santa Clara County will approach the national average. It is projected that daily person trips will increase from the present 3.8 million per day to approximately 6 million by 1990. Oa the basis of the RTDP Phase I report, it was concluded that two elements were needed to achieve the thirty percent goal. One of these is a high performance, grade separate, exclusive right-of-way arterial guideway network; and that is the part of the system that the RTDP concentrated on. In addition, a high performance collector -distribution system would be needed to serve short trips and to act as feeders to the fixed guideway element of the total system. The work done on the fixed guideway system indicated that a medium capacity rapid transit type of technology would be the most feasible for Santa Clara County. That technology does exist; and the characteristics of such a system are vehicles which would carry between twenty and thirty people; traveling singly or coupled together as a train; with operating speeds of between fcrty and fifty miles per hour; a capacity of approximately fifteen thousand people per hour, per line, in ex*cb direction; primarily elevated; and electrically powered. Mr. Montini showed some slides depicting such systems already in operation in various locations around the country. He noted that moat of the vehicles are rubber -tired, but they could also be steel wheel on steel tail. The informational, report concluded that a minimum u of 140 miles of this kind of system, with stations at approximately one mile intervals, would be needed to provide the fieed guideway capability fora thirty percent transit system. Corridors in Palo Alta would he constructed on Middlefield Road, El Camino Real, Foothill Expressway► tad Oregon/Page Mill Expressway. 'An adjunct to the 891 2/3/75 El Camino corridor would be a loop to encompass the Stanford area. In addition, Mr. Montini pointed out there was the Southern Pacific Railroad corridor, which is the regional link corridor studied as a part of Phase I. The cost of the 140 mile medium capacity rapid transit system for Santa Clara County would be about 2.4 billion dollars, and this would be the cost to build expressed in 1974 dollars. Once the system is built, it is estimated that the yearly operating cost would be seventy million dollars. Ir. addition to the arterial element, a collector -distribution system would be required in order to feed the fixed guideway system and to provide for short trips. The collector -distribution effort could also be aided by significant land -use decisions t'nat would be supportive of the fixed guideway element. Mr. Montini reported that the capital costs for the collector- distrib' t.ion element were estimated to be 120 million dollars, with operating costs of about 90 million dollars per year. The types of collector -distribution syate1rs would include calking, bicycling, bus service, and people mover types of systems. The people mover systems could be well used in major activity areas such as shopping centers, downtown core areas, and industrial parks throughout the county. The personalized rapid transit types of technology are not concerned with carrying large volumes of people; but in simplified versions, they could be used in major activity centers. A nu bet of alternatives were looked at in the Phase I effort. The base line alternative, which is defined as the transportation system that would exist in the county without substantial transit effort, would include the existing and planned highway facilities. This would encompass completion of facilities which presently do not exist, widening*, of existing facilities, and the existing and planned county bus system. This particular alternative would result in significantly increased peak hour congestion, and there would be shortages of between two and four lanes on all of the major highway links. The average commuter trip would increase from the present twenty-one minutes to approximately thirty-five minutes in 1990. Single corridor, high capacity rapid transit systems were also investigated; but such system would not provide adequate service to achieve the thirty peicent mandate. An extensive bus eyatem was studied as an alternative, but that was not recommended because of the operational design and environmental problems associated with implementing an adequate thirty percent goal. Personalized rapid transit vehicles, demand responsive, would require extremely short headways; and the consultant felt that in order for this method to be considered as an alternative, the county would have t'a wait five: to eight years for development of the technology. Dual -mode system were looked at briefly, but the technology for such sophisticated systems will not be fully developed for a number of years. Mxx. Montini stated that the financing for the system is proposed in three stages. The first stage, between 1975 and 1980, would require approximately 75 million dollars for engineering testing and a demonstration segment of the fixed guideway element of the system. Between 1980 and 1990, a major capital, expenditure in the order of approximately 2.4 billion dollars would be required for the actual construction and the purchase of the equipment. From 1990 on, approximately 70 million dollars per year would be needed for operation. The total system, which would include the collector - distribution element, would require iu the see time periods, 75 million dollars for design and demonstration, 2.5 bitlian dollars for capital costs, and about 160 million dollars per year for operating costs. These coats are formidable; however, when compared to the coat of operating an automobile, the financial situation does not look nearly as bad as at first glay.ce. Converted into cost per 892 2/3/75 household, the engineering and demonstration phase cost would be $40 per household. Assuming that bonds would be sold over a forty year period, the cost per household wo:sld be approximately $200 for the capital expenditures. Once the system was constructed and in operation, the cost would be approximately $500 per household. The cost of operating one automobile is about $1,800 per household, and a household with two automobiles ©ustains a cost of approximately $3,200. The problem is one of transferring the costs that are now incurred by the private automobile owner to the cost of inetailing and operating a public transportation system in Santa Clara County. In order to do this, a financing plan would need to be devised that preferably would not be affected by inflation, and would include not only fares, and state and federal funds that are available for public transportation, but also some type of local taxes. The action plan that was recommended by county staff and accepted, but not approved, by the Transportation Commission was devised to speak to the question of what should be done next. The proposed plan suggests that there be an immediate review and approval process of the 140 mile minimum fixed guideway network by each city individually. The attempt would be to receive preliminary approval from each city for the system, subject to public ratification and inclusion in the general transit plan. Such a fixed guideway network is recognized as having tremendous implications on local city planning, and the county would like to receive from the cities information related to such questions as: Is the network as shown for your particular city. satisfactory? Should it be modified; and if so, how? The County also hoped that some consideration and discussion would be devoted to whether the system should be elevated, at grade, or underground. In. addition to the initial review and approval process for the network, the action plan recommends that the design phase be started immediately for the RTDP; and this is the five year period between now and 1980 when the county would anticipate concluding the design of the exact technology that would be specified, preparation of performance specifications, and the actusl construction of a segment of the total system. Once the five year period ie over and there had_been a demonstration project certified both technically and publicly, the county would then proceed with the detailed design and construction phase of the 140 mile system, At that stage, it would be proposed that the work be segmented to enable participation of local consultants and contractors. In addition to the design phase of RTDP, it is recommended that the regional transportation connections be pursued. This would entail continuation of the Southern Pacific upgrading efforts, investigation of the BART extension, and alto rail service re-establishment possibilities in the county. In order to do this, financing is mandatory; and the recommendation is to come up with some type of financing that will insure funding for the design phase of RTDP. Finally, the work on the collector --distribution element should continua. This would include not only an expansion of the current bus systems, but also bicycle route development and installation„ and the investigation of possible people mover types of systems in major activity areas. Robert Arnold stated that he and Steve Levy wanted to make clear what they thought were the critical conclusions of the report. Also, as consultants, they had a very fundamental disagreement with the county staff in interpreting their report in its action plan. Mr, Arnold said he and Mr. Levy would like to highlight their coznclusion i and answer any questions that Council might have. Steve Levy pointed out that the consultants' charge was to design a system that would really compete with, and substitute for, the automobile in Santa Clara County. The thirty percent objective is quite serious when you consider that there may be two cities in the country that achieve that kind of patronage of a public transporta- tion system. Mr. Levy doubted that there was any area like Saute Clara County that was achieving more than three or four percent 8 3 3 2/3/75 of the total travel on public transportation. Therefore, the consultants wanted to design a radical kind of system to achieve in Santa Clara County the kind of patronage gotten in New York and that is beginning to be approached in San Francisco. Mr. Levy stated that the reason BART worked for Oakland and San Francisco was because when you got off the train in those two cities, you could complete your journey by walking or making use of MUNI. This means that BART has no problem on the distrribut:onend of the trip because you can drive your car to the station in Concord or Fremont, take BART to San Francisco, and walk to your destination. To get an idea of the problem in Santa Clara County, Mr. Levy referred to the use of BART with regard to Fremont, Hayward, or Concord, for instance, because that would be typical of the situation in this area. For those cities, BART does not work. Very few trips go to Fremont, Hayward, or Concord that are not people returning home, because there is nothing they can do when they get there if they have to go more than one-half mile away from the station, since there is no way to get there. If you cannot walk to where you want to go when you get off at Hayward, then you cannot take BART to Hayward. This implies inr Santa Clara County that the system here would have to have quite extensive coverage since the county is a collection of cities in the population range of fifty to one hundred thousand, with the exception of San Jose. Mr. Levy reported that the first finding, therefore, was that a rapid transit system would have to be very broad. It could not be a single line, and it would have to be a criss-cross pattern in order to provide access to all the parts of the county. A Aide was shown of lines that were about three to four miles apart which made up a 140 mile system,. This meant there were large areas in the iiiddle where people would not have easy access to the stations, which are one mile apart. So, even a system as large as 140 stiles in Santa Clara County ends up grossly short of access to most of the final destinations. A typical rapid transit trip would be for a person to start out at his home, go to a station, take a long trip on the system, get off, and go to work or to some other destination. Presently, 90X of the households in Santa Clara County are not located in walling distance of the station; and 85X of the final destinations in the county are not within walking distance of the station. This is another way of saying that a 140 mile criss-cross system would not achieve anywhere near a market penetration of thirty percent because people cannot get to it or away from it without assistance. So, the first big point is that persons using a big system like this could not get to and from it without an auxiliary system. Mr. Levy pointed out that it does not help if the commuter drives his car to the station. If he does this, the objective of having the system substitute for automobile use is missed completely; and secondly, you cannot solve the problem of what the commuter will do when he gets off at the sta:ion nearest his destination. Another big factor is that over fifty percent of the trips in an area such as Santa Clara County are not tripe that would be taken on the fixed guideway system, but they are short trips. Those necessary short trips mum t be spoken to very well in order to design a system that will get thirty percent patronage. Mt. Levy explained that one and one --half million short trips would have to be provided for just to oaks the guideway system work. Tha consultants' conclusion in the first report was that a large bus system, bicycle use, and walking, were totally inadequate to perform the function of serving the guideway and handling the short trips. If that function is not served in some way, the guideway would be a very poor public investment. Mr. Arnold said that the basic difference between the conclusion of the county's report and the consultants' report was whether or not it W46 essential for the Rapid Transit District to proceed with. the concurrent and parallel development of both the 140 wile network and the collector -distribution system. The county staff action. plan statee• that elthoush parallel development le deeirable, it 894 2/3/75 is not necessarily essential. The consultants' report concludes otherwise. There was no doubt in the consultants' minds that either some new short route systems be ,found or the county would have a significant white elephant on its hands with a guideway alone. Councilman Berwald asked if the report were in a completed form. Mr. Montini responded that there were actuelly six reports in Phase I. One of those has been issued in final form, three have been issued in draft form, and there are two reports yet to come. One of those reports is a documentation of the work that has been done in Phase I, and the other is :s work plan for Phase II. Mr. Montini commented that the Phase. I contract was with DeLeuw, rather, the prime consultant; and there was a misunderstanding between Mr. Arnold and county staff, Mr. Montini explained that there was no misunderstanding on the part of county staff that pursuit of the collector -distribution element is vital and needs to continue concurrently with development of the fixed guideway element. There is disagreement as to whether or not the network needs to be done as part of the same contract for the fixed guideway element. It was the understanding right from the beginning that the major emphasis of the RTDP would be on the fixed guideway systems. The importance of this hierarchy of needs and the importance of collection -distribution has been recognized for a very long time. The General Transit Plan adopted in October of 1973 clearly states the hierarchy of needs ranging from a regional type of service down to local service. The major question seemed to be whether work could continue on the fixed guideway system before the problem of collection -distribution was entirely solved. Councilman Berwald asked if the studies being made by consultants were fairly well completed at this time. Mr. Montini responded that the studies involved with Phase I were fairly well completed, with the exception of a documentation and a Phase II work plan. Councilman Berwald asked how long the study took. Mr. Montivi replied that work started in March of 1974, and the draft was submitted in October. Councilman Berwald asked for the cost of the study. Mr. Montini stated that the cost of the study was $300,000, Councilman Berwald asked the estimated cost for the study of Phase II and how long the study would taker Mr. Montini responded that the proposed action plan by county staff involves the design and the engineering work necessary to bring the fixed guideway element to a state where a demonstration segment could be built, and it includes the actual building of a demonstration segment as part of Phase II. That is estimated in today's dollars to te a total of seventy-five million dollars over the next five year period. Councilman Berwald asked if the study could be se;;negated from the building of the system. 895 2/3/75 Mr. Montini said the two could be segregated. Councilman Berwald stated that it was his uaderstanding that once the commitment was made to contractors, etc., a commitment was being made to spend seventy-five million dollars. Mr. Montini responded this was not necessarily the case since the study and the construction of a demonstration segment could be segregated. Councilman Berwald aaked if up to the design of the system, the cost of additional studies could be separated. Mr. Montini replied that Phase II is primarily system design and construction of a demonstration segment. The demonstration segment could be taken out of the system design. Councilman Berwald asked Councilman Rosenbaum what action he had in mind for this subject. Councilman Rosenbaum responded that county staff is interested in Council's reaction to potential routings, but it was his feeling that it was premature to say anything on behalf of the citizens who live close to the proposed routes. Councilman Rosenbaum thought the general subject should be referred to the Planning Commission so that body could start taking into account itt their plans just where they think there might be some high density transit. If Council agreed that the Transit District should be encouraged to continue with the Rapid Transit Development Studies, it was Councilman Rosenbaum's view that the points made by Messrs. Arnold and Levy had merit; therefore, perhaps an attempt needed to be made to further explore the question of the interaction between the collector -distribution system and the fixed guideline. Councilman Berwald felt a little troubled about the propriety of Council taking any action on the basis of the prese:+tation mace at this meeting. It seemed to him that the best thing Council could do at this point would be to have a hearing so that the public could see what was under consideration. Another possibility would be for Council to be given more time to understand all the ramifications before the subject was sent to the Planning Commission. Councilman Berwald had some feeling that since the consultant was pleading hie case, the whole thing ahou_id be sent back to the Transit Commission and the Board of Supervisors. When some agreement had been made, a firm recommendation could then come to the City Council. Mr. Montini commented that there is no disagreement between the county and the prime consultant; but the disagreement is between one of the sub -contractors and the county. Councilman Berwald asked city staff what in their view was the Council's position when there is a disagreement between a consultant and a sub -consultant. George Sipel, City imager, responded that a few years ago, Council would not have seen the sub -consultant, nor would it have heard of any disagreement. Council would have heard only the recommendation of the prime consultant. Mr. Sipel felt that in these times, with the issue being what it is, it was important to get all possible inputs. Be suggested that if Council wanted to seriously listen to the comments of the sub -consultant, then probably the prime contractor should be available also to mRatks comments, unless Council felt the primate contractor' s views were made fully known by the county staff. 8 9 6 2/3/75 Mayor Sher said he wished to bring up another matter at this point and return to this discussion later. (See Page 898). Request to Move Item 3 Forward on the Aged MOTION: Mayor Sher moved, seconded by Norton, that Item 3 on the agenda pertaining to Resolutions of Appreciation to Youth Advisory Council members be moved forward on the agenda for consideration. The motion passed on a unanimous vote. solutions of reciation to :147:5) Councilman Clay stated that this was his second year serving as Council Liaisons to the Youth Advisory Council, and it had been a real pleasure to him to serve in that capacity. On December 31, 1974 the terms expired for three members of the Youth Advisory Council; and those persons were Hal Plotkin, Sandy A.kselrad, and Dian Judnich. Councilman Clay found this group to be very productive as evidenced by their recommendations and effective presentations to Council; and he agreed with Scott Catlett, Staff Coordinator, that these young people reflected maturity, dedication, and foresight in their efforts to serve both the city and the youth of Palo Alto. NOTION: Councilman Clay introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 5061 entitled "RESOLUTION OF THE CCANZIt-C THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO RAL PLOTKIN FOR OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous vote. MOTION: Councilman Clay introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUT t NQ 5 entitled "RESOLUTION OF THE COUNCIL OIL THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO SANDY A.KSELRAD FOR OUTSTANDING PUBLIC SERVICE" The resolution was adopted un a unanimous vote. MOTION: Councilman Clay introduced the following resolution and moved, seconded by Rosenbaum, its adoption: RESOLUTION NO. 5062 entitled "RESOLUTION OP —THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO DIAN JUDNICH FOR OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous vote. Mayor Sher presented the resolutions to the retiring members of the Youth Advisory Council. 897 2/3/75 Iaforiaatioual Re ortort: anita i t EIRE XCont hued from Page 896) Mayor Sher stated that Item 1 of the agenda was before Council for further consideration. Councilman Beahrs said that he was surprised by some of the figures quoted by Mr. Montini. He referred to the ultimate coat per year to each household; which would be about $500 per year; and he said it was obvious that this compared favorably to an $1,800 per year automobile cost. However, if a person were driving a very old car, the $1,800 figure might be very extravagant. Councilman Beahrs stated that the acceptability of the ultimate costs was an element that appeared to have not received any consideration, and there seemed to be no percentage of the cost assigned to the taxpayer and no percentage that would be absorbed by the users. Ultimately, Councilman Beahrs thought there would be a bond issue problem; and it was not too early eo be accurately and honestly selling the public on some real financial data. Mr. Montini responded that there was no disputing that the cost of the system would be significant, and it would probably be secondary only to public education as far as the magnitude of public investment is concerned. The figures that were used -$500 versus $1800 - were meant to give order of magnitude total costs; and there was no attempt, for example, to break down the $500 figure as to what portion of that would come from the taxpayers. Eventually, it would all cone from the taxpayers; but no attempt was made to ascertain what portion would come from the federal government, state government, or local government. Mr. Montini pointed out that the $1800 figure was one that was gotten from the Department of Transportation, and there are many who would argue that even that amount is conservative. He thought the important finding; was that the report concluded that the overall transportation cost would be less with such a system, but that was really not the major focus of the Phase 1 effort. The other impacts - the environmental, socials air quality, noise, energy, etc. -- received attention. The alternative of not doing anything is really what the costs should be weighed against. Mr. Montini explained that the county was not asking at this point that there be a commitment to these kinds of cost figures. What the county was saying was the Phase 1 Report conclusions indicated that it is mandatory that proceedings go forward for Phase II and that work actually begin for such a fixed guideway system in the county. Mr.. Montini indicated that the major investment will be asked of the people after the five year testing and demonastration segment is completed. Councilman Beahrs cemented that if the county expected the whole proposition to succeed, it should be starting right now to educate the public. The first question that the public would ask would have to do with how much the proposed system would cost. Councilwoaaao Pearson agreed with Councilman Beahrs that no one really realized brow much an automobile cost to operate on a yearly basis, and that was a very valid point. While such a futuristic transit system was being built and supported by the public, the same people would be supporting one or more automobiles; and that means a lot of money would be spent by each citizen. Councilwoman Pearson's own feeling about 140 miles of guideway system WAS that everyone was in for a monumental amount of trouble. It would be ei.acilar to the problem confronted with the need for housing Everyone was all for it, but no one wanted it on his own street. Also, the county had given Palo Alto an example of what it could do with sass transporta- 8 9 8 2/3/75 tion recently with the Dial -A -Ride system; and if that were not improved rapidly, there would be few votes for any newly proposed system. Councilwoman Pearson was grateful that the sub -contractors pointed out that there was a real problem in getting people to the fixed guideway system. It seemed that the cost for developing a collector -distribution system was extremely high, and the county would have a formidable job in convincing people to leave their automobiles at home and use the public transportation cystem. Councilwoman Pearson referred to the fact that Mr. Montini had mentioned the need for new facilities, and she asked if he meant by that remark more freeways and expressways and completion of freeways and expressways that have been stopped in Santa Clara County. Further, ahe asked what that meant in added costs to make the proposed system work. Mr. Montini responded that the total coat, including the collector -- distribution system, is 2.5 billion dollars. The fixed guideway element would cost 2.4 billion dollars, and the collector -distribution system would cost 120 million dollars. He said his reference to additional facilities was in describing the base line alternative, which is the alternative the county would have if nothing were done other than to continue with the way things were being done today. Even with the assumption that the planned missing links of the highway system were to be built, the county would still be faced with a capacity deficit of between two to six lanes on all of the major highway links in Santa Clara County. Coi ncilwoman Pearson asked if Mt. Montini were saying that if the system were not developed, then the county could complete all of the freeways and expressways and still have a deficit with regard to the ability of moving cars around. Mr, Montini clarified that he was saying that all of the alternatives and all of the investiga.ions assume that the missing links and the wideninga would be done in addition, to the proposed fixed guideway ayetem. Councilwoman Pearson said it had been her fear that this was what Mr. Montini was pointing out. Corrected See og, 949 Vice Mayor Henderson noted that there was a difference of opinion in relationship to the priority of concentrating on the guideway system versus the collector -distribution sye;tem, and there was also the problem of short-range and long-range trips. It seemed to him that what was needed in the short range is development of fixed bus routes that would give five and ten minute headway', and that was probably possible within the current Transit District setup. Vice Mayor Henderson asked why it did not awake sense to give first priority to a collector -distribution service that would fit in with the f { xed route bus system; and at the same tine, have the servir_ e developed towerd future use with a guideway system. Putting all the concentration on the guideway system at this point did not make sense to Vice Mrmyor Henderson. Mr. Montini felt that Vice Mayor Henderson had described the feeling of county staff. He said there is no real reason to stop everything until you have defined the total fixed guideway system and collector - distribution system. The county felt that it had already begun to implement a part of the collector-distributiou system with the current bus system. )fr. Montini did not deny that the present bus system had some problems, and he did net deny that the system was not at all adequate to do a good job asan interim method of transportation or as a collector -distribution element. What the county was saying 8 9 9 2/3/75 was that the effort should he continued, but the fixed guideway element needed to be addressed because the lead time in this type of effort is so large that it would take at least five years to get to the point where it would be known positively what kind of technology was wanted for the fixed guideway element. Vice Mayor Henderson did not chink the Dial -A -Bus system would ever approach what was needed. He asked Mr. Arnold to explain his stand on whether or not the present transportation system should be stopped. Mr. Arnold explained that he was not suggesting that work on the guideway should be stopped, but that the work on the collector -distribution system is inter -related and must be carried on simultaneously. He thought Vice Mayor Henderso_n's comments regarding using buses were exactly correct. Buses could be used as corridor systems fox the interim; and then if there were non -bus feeder systems to the corridors, you might get a solution to the transportation problem before 1990. With regard to Phase 11, Mr. Arnold said that was a technical point; and there was no problem of timing. His opinion was there needed to be a simultaneous effort made on short trips and guideway; rand that system design, meaning by this the location of stations, etc., can be held off until it is known what kind of system is being talked about. Further, there was no conflict an demonstration; but it needed to be understood that this system could tot be demonstrated for at least five years because it was a brand new system. Councilman Comstock thought that Councilman Rosenbaum's feeling that this matter needed to be referred to the Planning Commission was well taken. Option choices had been set up in the Comprehensive Plan Review that may reinforce the direction of planning that is being suggeetedt and Councilman Comstock pointed out that transportation decisions have very powerful planning r.nfluences. Councilman Comstock expressed a personal concern that everyone was getting far too involved in hardware considerations and forgetting about the principles that were motivating the idea. AA he saw it, the operating principles were to get a certain rate of movement with a certain volume of passengers, which defines itself as controlled access or grade - separated movement. Councilman Comstock was concerned about some of the suggested technology. A lot of the systems today had rubber tires, for instance; and although rubber tires presented a number of advantages, there are some very expensive operating coats connected with their usage. He hoped that no one would have the idea that a whole new sphere of technology had to be developed in order to have an effective public transportation system. There was a lot of good hardware, techniques, and approaches already developed which could be used to meet objectives such as grade -separated movement, good acceleration times, etc. This attitude could have a profound influence on the reliability of the system, the operating costs, and acceptability by the customers. Councilman Comstock felt the worst thing to do would be to build the system some day and then spend two or three years getting it to run well consistently. He summed up by saying his remarks were just a personal note Of caution, and be hoped those who were doing the planning would keep then in mind. Mayor Sher stated support for having the subject referred to the Planning Commission; but he was not ready to make any commitment, even to the extent of agreeing that the county should go forward with plans for the system. 900 2/3/75 Councilman Rosenbaum was sure that some members of Council had read the comments by the Supervisors, who were quite anxious to go forward with the development of the syatam. He thought the issue would be before the Transit Commission some time in March; and at that time, he would have to vote one way or the other. To some degree, Councilman Rosenbaum was looking for direction from Council; and he did not think it would do any good for Council to say it was not ready to make a decision until it had more information. MOTION: Councilman Rosenbaum moved, seconded by Comstock, that the subject of the location of medium ,rapacity transit routes in Palo Alto be referred to the .Punning Commission. Councilman Norton noted that Councilman Rosenbaum knew a lot more about this subject than he did, yet Councilman Rosenbaum was asking him and other members of Council how to vote at the Transit Commission level. He was not sure he WAS comfortable about giving that advice. If Councilman Rosenbaum were recommending how the Ccuncil should tell him to vote, Councilman Norton would do that; but he would not wa.'tt to be misinterpreted. Councilman Berwald said he would not be adverse to sending the matter to the Planning Commission at some point anti indicating to Councilman Rosenbaum a decision on the subject. He would like to see, however, a motion that a day -long public meeting be scheduled with someone from the county presenting the program in detail. At that point, the matter could be brought back to Council for referral to the Planning Commission with certain instructions. Mayor Sher remarked that he saw no reason why the Planning Commission could not conduct the kind of public session that Councilman Berwald ;gas suggesting, and everyone would be welcome to attend. Councilman Bervald consented that he would vote for a motion for referral to the Planning Commission with instructions to call a public meeting. Councilwoman Peameon said she assumed there would be a public meeting. The Planning Commission mould have a Public Hearing, and they would have input from the county consultant. AMENDMENT: Mayor Sher moved, seconded by Henderson, that the whole subject of the Rapid Transit Development Project be referred to the Planning Commission for review, including the matter of location of the routes as well as the necessity of parallel development of the collector -distribution system. Councilman Comstock asked if the amendment would oblige the Planning Com<riasiosa to look at not only the lend -use patterns proposed and their implications; but also at hardware and financing costs, and all the rent. Mayor Sher explained that he did net want to limit the Planning Commission to looking at just the fixed routes. Councilman Comstock observed that he just wanted it clarified that a big immediate judgement would not be made on the costs and the financing of the program, and that sort of thing. 901 2/3/75 Mayor Sher saw the danger of the Planning Commission not knowing how far into :lie subject they should go; but it seemed to him they should take some preliminary steps regarding the timing, etc., before they made recommendations about location of the routes. The amendment passed on the following vote: AYES: Beahrs, Berwald, Clay, Henderson, Norton, Pearson, Rosenbaum, Sber NOES: Comstock The motion as amended passed on the following vote: AYES: Beahrs, Berwald, Clay, Comstock, Henderson, Pearaon, Rosenbaum, Sher NOES: Norton MOTION: Councilman Rosenbaum moved, seconded by Beahrs, that the Council support the continuance of the Rapid Transit Development Program in view of the fact that the Phase I study pointed out the importance of the collector -distribution system in meeting the 30% mandate and because of the interrelationship between the design of the fixed guideway system and the collector -distribution syeetem, that Council urge that the development of the two syetema proceed in parallel. Councilman Comstock assumed this was not an open-ended motion. He understood that Council was putt ng itself on record as supporting forward movement in a study and analysis program, but that it was still free to reserve judgement as to the final program and its cost until the answers start coming in. Councilman Rosenbaum observed that the Transit District would have to put to a vote of the people the matter of the IsG sales tax, probably in November of this year. This sales tax would provide money to expand the bus fleet and to proceed with a development program for rapid transit. In the discussion of the sales tax, Council should be in R position to comment as to how it saw the developed program proceeding. Councilman Berwald considered this motion to be premature, and he stated that he would vote against it. Councilman Clay assumed the previous motion vas for the purpose of getting more information after the matter went to the Planning Commission. He opposed the motion on the floor because he felt the previous motion as amended would get him the kind of information he would creed before being able to make a decision. Vice Mayor Henderson felt the previous motion intended getting input from the Planning Commission, and this motion related to the county proceeding with its work. Council WAS saying, through this motion, that it supported the long-range concept; but as the studies progressed, the two elements should be developed simultaneously. Councilman Beahrs asked if this were Rosenbaum for counsel with regard to did not act tonight, then Councilman therefore, it vas necessary to state not a request from Councilman the March decision. If Council Rosenbaum would have uo authority; a preference. 9 0 2 2!3/75 Mayor Sher felt adoption of the motion would indicate Council support for development of the system as described. More time was ~Seeded so that the Planning Commission could have a hearing and give Council its advice. At that time, Council could respond to the county. Mayor Sher suggested that Councilmen Rosenbaum could report at the meeting that Council had referred the matter to the Planning Commission and was not yet ready to take a position. The motion failed on the following vote: AYES: Beahrs, Henderson, Comstock, Rosenbaum NOES: Berwald, Clay, Pearson, Sher ABSTAIN: Norton Rep/Ulan of Aooreciatla gs.i . Cha thQ Human Rs.1a fn:1 a is dR� Councilman Comstock stated he had the pleasure of not only observing Ms. McA1lester working with the RRC, but also of being one of the lucky parents at Jordan Junior High School who had her as a counselor. He said it was with a great deal of pleasure and gratitude that he made his motion. MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: T SOLUTION NO. 5064 entitled "RESOLUTION OF THE CaiT iL airlift CITY OF PALO ALTO COMMENDING THE CONSCIENTIOUS AND GUT - STANDING PUBLIC SERVICE OF GRACE McALLESTER" Councilman Berwald remarked that it had been a real pleasure to him to go with Councilman Comstock to visit Ma. McAllester just before her appointment. He had been very much impressed with her then, and his fondness and respect for her had grown ever since. The resolution was adopted en a unanimous vote. point nts to PACDl,B Mayor Sher announced that during Executive Session, Council confirmed the appointments of Sandra Dunn and Jane Hiatt to the Palo Alto Community Drug Abuse Board. Heet�in Rescheduled. Mayor Sher announced that the Finance and Public Works Committee meeting of February 11 had been rescheduled to February 18. February 11 is the date of the meeting regarding the Dumbarton Bridge. k4odel SmeokinR {ordinance Councilwoman Pearson, Chairwoman of the Policy and Procedures Committee, stated that the idea of a no smoking ordinances came to the Committee from Councilman Rosenbaum, who is Chairmen of Intl r City Council 9 O 3 2/3/75 committee charged with drafting a model no smoking ordinance. The draft was to be presented to the various Councils of Santa Clara County with the hope that the ordinance would be adopted by each city. Councilwoman Pearson pointed out that Palo Alto has, at the present time, a no smokin3 ordinance which appl' es to the Council. Chambers and to the Council Committee Room whenever Council or a committee is in session. The proposed ordinance also states that each theater in Palo Alto must set aside thirty percent of its seating capacity for non-smokers, or thirty percent of each class of seats in the theater. Through the various fire regulations, there is no smoking allowed in libraries, the Children's Theater, and the Community Theater. Councilwoman Pearson noted that the model ordinance which Councilman Rosenbaum brought forth provides for no smoking in theaters, hospitals, and elevators. Also, restaurants capable of seating fifty or more patrons would be required to set aside thirty percent of the seating capacity for non-smokers. The committee was not unanimous in its recommendatious, but it was able to recommend adoption of no smoking in elevators and the hospitalclause as seen in the present ordinance. The committee members care to an impasse on the question of smoking In theaters and restaurants. One of the managers of a large department store made an appeal to Councilwoman Pearson that there be provisions made to ban smoking in department stores because of the damage done to the items for sale and to the rugs. Her personal feeling was that r-eataurants should be made aware that it is very unpleasant for non-smokers to eat in a smoke filled room. It was suggested that when diners go to a restaurant, they ask the host or hostess to seat thew in the non-smoking area. This would at least alert owners of restaurants to the problem. MOTION: Councilwoman Pearson introduced the following ordinance and moved on behalf of the Policy and and Procedures Committee its approval for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 9.14 OF THE PALO ALTO MUNICI AL CODE, RELATING TO SMOKING The recommendations that cane out of the Policy and Procedures Committee regarding the Model Smoking Ordinance are as follows: A. To adopt Section 030(a) ELEVATORS as written in the ordinance; B. To adopt Section 0s0(b) PUBLIC MEETINGS with the change of the first line, "Such contiguous area of :not less than 50 percent of the total area . . ." to read, "Prohibition of hearing rooms, chambers or places of public assembly in which public business is conducted requiring or providing direct participation or observation by the general public, while a public meeting is in progress"; C. To adopt Section 030(c) HOSPITALS as written in the ordinance; D. To adopt Section 040 POSTING OF SIGNS, Section 050 INFRACTIONS AND PENALTIES, and Section 060 SE'JERABILITY as written in the ordinance; 904 2/3/75 E. That staff prepare a report as to what City - owned b.ildings and rooms or halts already have restricted smoking by the Fire Department and a recommendation as to whether a section regarding prohibition of smoking in these areas should be added to the smoking ordinance. For the benefit of persons in the audience, Councilman Rosenbaum stated that later in the meeting he would offer amendments to the ordinance that would apply to theaters and restaurants. Councilman Norton requested that a vote be taken on each section separately. Mayor Sher invited members of the public to address Council on this subject. Paul B. Hofmann, Director of the Stanford University Hospital and Clinics, acknowledged the hospital's strong endorsement of the basic objectives to restrict smoking in public areas. With respect to some of the hospitals previous anti -smoking actions, Mr. Hofmann reported that note of the personnel is permitted to smoke in patient areas. The sale of cigarettes, cigars, and pipe tobacco is prohibited in the hospital's gift shop; and all vending machines for cigarettes were removed six years ago. In October of 1973, a campaign was initiated by the hospital to discourage smoking. "Thank you for not smoking" signs were placed in strategic areas, and special signs have been made available to patients who prefer to not have visitors smoke in their rooms, fir. Hofmann stated that there were some representative problems associated with the proposed ordinance, and one of these was with respect to the restriction on smoking in waiting areas. One suggestion wade was that patients who were able to leave their rooms should be able to use solaria as a place to meet with their visitors in a no smoking atmosphere. Mr. Hofmann viewed this as a practical suggestion and one which the hospital would be willing to implement. He thought it was clear that there were often apprehensive friends and relatives who could not reasonably be expected to refrain from a personal habit, despite its medical contra -indications, Expectant fathers and others are know to chain smoke under strained situations. Speaking to the idea of assigning patients to rooms depending upon their smoking or non-smoking preference, Kr. Hofmann said that patients were now assigned primarily on their diagnosis, severity of illness, age, and sex. The hospital has less than one hundred private rooms; and although the shortage of beds frequently results in cancellation of elected admissions, every effort is made to accommodate the non-smoker through the attempt to place the: in rooms with others who do not smoke. Regarding the posting of signs, Mr. Hofmann noted that the initial cost estimate for posting signs in all rooms with two or more beds was approximately $$1,000, excluding the expense of placement. The primary concern was that of enforcement. Hospitals are extensively regulated by every level of government, as well as by a variety of non -governmental agencies. If the ordinance were implemented, who would be responsible for insuring compliance? In conclusion, Mr. Hofmann indicated the hospital's enthusiastic support oi the intent of the ordinance; but it was felt that inadequate consideration had been given to the consequences of the implementation. He urged Council to indicate its concern by resolution. The Stanford University Hospitalwill continue to carry out an aggressive campaign against smoking, but Mr. Hofmann felt that an ordinance, which limits its application to the most severely controlled activity in the entire community and falls to consider adequately the problems and cost of implementation, is not a wise ordinance. 905 2/3/75 Vice Mayor Henderson pointed out that the ordinance merely stated that the hospital would :sake every reasonable effort to determine preference for room assignments with regard to smoking or non-smoking; therefore, he wanted to know if Mr. Hofmann were arguing against the ordinance in that respect. Mr. Hofmann responded negatively. He effort ;its exerted now to accommodate Vice Mayor Henderson thought it made visitor smoking in the rooms, and he had commented on that, said it was felt a reasonable the needs of non --smokers. a 1.ot of sense to prohibit did not believe that Mr. Hofmann Mr. Hofmann responded that he commented on the posting of signs in the rooms to regulate smoking and the cost implications. Personally, he felt that the prohibiting of smoking in rooms where there are two or more patients is a legitimate requirement and one that the hospital would prefer to do on a voluntary basis. Councilman Comstock, referring to Mr. Hofmann's comment about having no smoking in solaria, said it seemed to him that part (a) of the ordinance contained the kind of flexibility to allow the hospital to address the r ‘ob1em in the way it wanted. Mr. Hofmann believed that part (c) did give the hospital reasonable flexibility, and he reiterated that it would be his preference to implement this on a voluntary basis. Councilman Beahra thought that comments made by Mr. Hofmann indicated that the management of the hospital was quite content with current efforts that were being made regarding concern for non-smokers, Mr. Hofmann was not sure that ',-le coild make that observation. It was discouraging to him to be aware of the number of physicians on the staff who smoke, becuse that sometimes made it difficult to comply with something that he personally supported, as well as large numbers of the public. He did think it was clear that as a health care institution, the hospital had an obligation to press forward in this area. Jim Warnock, 438 Feriae Avenue, reporter', that he had spent a lot of time as a patient in the Stanford university Hospital and also in the Veteran's Hospital; and he thought the situation had gotten constantly worse for the non-smoker. He said the biggest violators at Stanford Hospital are members of the staff. Over a long period of tine, Mr. Warnock saw very little improvement; yet, some of the most vociferous people favoring this approach work at the Stanford Hospital. Non-smokers who have a right to clean air have that right constantly violated in their working day, Mr. Warnock urged passage of the ordinance as written. William C. Burns, 4190 Maybell.Way, spoke in favor of the ordinance. He pointed out that there are a let of people who are allergic to tobacco smoke, and people with respiratory and heart disease are clearly harmed by tobacco smoke. These people need to be able to breathe clean, unpolluted air. There were those who wondered if the ordinance would work and whether people really wanted it. Mr. Burns pointed out that restricted stoking works on the Southern Pacific commute train, it works on the airlines, and it works at the Palo Alto Square theater. 9 0 6 2/3/75 Gloria G. Wall, 291 Creekside Drive, Santa Clara County Chairman for Group Against Smoking Pollution, thanked Council for its foresight in banning smoking in the Council Chambers, She had been suffering from allergy problems for several years; and if smoking were permitted in the Chambers, they would be off medical limits for her. GASP is recommending that smoking be banned in such public areas as elevators, public meeting places, hospitals, and municipally owned buildings that are restricted by the Fire Department. The group maintains that smoking is a health hazard and a public nuisance, and they requested that Council adopt the Model Smoking Ordinance. Sibyl Anderson, 2041 Alma Street, spoke in favor of the nc smoking ordinance because she suffered medically in various ways as a result of smoke. She pointed out that there are a number of places she could not go and a number of things she could not do because of smokers. Anything that could be done to alleviate the situation would result in firs. Anderson's being able to be more active in the community. Peter F. Carpenter, 425 Lowell Avenue, Assistant Vice President for Medical Affairs at Stanford University, thought Mr. Hofmann had tried to reflect his professional judgement with respect to the hospital; but he wanted to go a little bit further. He emphasized that he did not think the end justified the means. The hospital is the most heavily regulated activity in the City of Palo Alto, with more than sixty-five federal, state, and local agencies regulating the hospital's operations. Mr. Carpenter did not feel that further mandatory restraints were desirable at this time. They would inevitably increaae costs and would reduce the ability to provide patient care, or they would result in an ur.en_forced ordinance. He stated unequivocally that this ordinance was not wanted for the hospital. Mr. Carpenter did not think Palo Alto was prepare 3 to enforce the ordinance on a twenty-four hour a day, seven day a week basis. If the ordinance is passed, the hospital would feel required to request police assistance to cite violations each time they occur, He also noted that the city did not seem to be willing to apply this same universal standard to all public space in the city building, but it has restricted it to two very small areas which did not include the lobby and other portions of the building where the public has frequent contact. As a non-smoker, Mr. Carpenter was sympathetic to the objective that the city wee attempting to achieve; but if the Stanford University Hospital is to continue in operation in an efficient fashion and without ever escalating costs, a line has to be drawn some place. He pointed out that there was an endless list of regulations that would be nice to have; but the public would have to pay a heavy price for them, including the non -availability of health care when the regulations begin to impact en one another and reduce the hospital's ability to provide reservations for individuals who have a variety of constraints as to which rooms they could use. A. F. Castle, 3914 South El Casino, Executive Secretary for Santa Clara Rospitaelity Industry, Inc., asked how a customer mix could be created in an industry that would probably do ninety percent of its business during the lunch and dinner hours. If some suggestion could be made as to how to loge to accommodate seven smokers and three non-smokers during the peak hours, he would be happy to cooperate with the ordinance. He pointed out that the restaurant business vas probably the third largest in the county, but the failure rate in such an operation is higher than any other in the country. Mr. Castle showed two signs that he intended to send to all of the restaurant operations in Santa Clara County that would be for the benefit of non-smokers. He asked Council to not pass that part of the ordinance which deralt' with restrictions on restaurants. 9 0 7 2/3/75 1 1 For the benefit of the radio audience, Mayor Stier reported that the signs which Mr. Castle intended to send to the various restaurants read: "If you are a non-smoker, please inform the hoatesss", and "Please refrain from smoking in this area". Mayor Sher asked Mr. Castle if his association had some sort of model set of operating peocedures to which the members adhere. Mr. Castle responded affirmatively. Mayor Sher asked if it would be possible to include these kinds of smoking restrictions in the code, and whether the members of the association would be asked to post the signs and provide such areas en a voluntary basis. Mr. Castle replied that he was prepared to do that. ?hermit L. Smith, 864 Orange Avenue, Sunnyvale, State Legislative Chairman of GASP, thought perhaps a thirty percent level of non- smoker apace might be too high for the restaurants. Re suggested twenty percent or less, just to get the idea started. Mr. Smith felt it was necessary to require that the sign be posted in a good faith effort, s:lace there is no way of really enforcing it. Just as on the airlines and trains, public demand will take over and provide pressure for the real percentage needs. With regard to the hospital, Mr. Smith would like to see no smoking in the inner solaria; and the lobbies could be smoking areas. He thought the most important portion of the hospital section is the sign that would say: "Visitors: No Smoking in Patient Rooms". In all other situations where such signs are adopted, public preesure forces compliance to workable limits. AMENDMENT: Councilman Rosenbaum moved, seconded by Pearson, to add (c) to Section (2) stating that within every publicly or privately owned building or enclosed facility open to the general public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, or any other performance, in any area other than that commonly known as the lobby, every theater owner or manager shall post signs conspicuously in the lobby :hereof stating that smoking is prohibited within the auditorium; artd in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture. Councilman deahrs said it had been his experience that depinding upon the apace, ventilation, and mechanics involved, it was possible to smoke in certain sections of e public space without offending others. He thought perhaps the amendment was a bit extreme, particularly where such ventilation does exist. Corrected See pg. 949 Councilwoman Pearson found it very distasteful to spend an evening at a movie or in a theater in a smoke -filled atmosphere. Even if signs are posted, they are obscure; and the message flashed on the screen is done so quickly that you do not see it unless yot, are looking for it. There are many theaters that have prohibited smoking for years, and they have managed to be successful. Councilwoman Pearson felt that most mall theaters were not well ventilated, and there is a proliferation of small theaters in the area. As far as air conditioning is concerned, the smoke -filled air is simply being recirculated. There are some places that people go where they recognize they should not smoke, and so they do not. People do not smoke in Maples Pavilion or in any of the Stanford theatera, and the Circle Star Theater in San Carlos does not allow smoking. 908 2/3/75 This city's Palo Alto Square Theater does not allow smoking, and it is a highly successful operation. In Councilwoman Pearson's opinion, it was not too much to ask that there be no smoking in the theaters. Vice Mayor Henderson commented that all of his life he had to put up with cigarette, cigar, and pipe smoke at nearly every recreational event he had attended. As one who opposed laws regulating personal behavior unless such behavior harmed others, he ;had not said much through the years. However, recently it has become clear that tobacco smoke is harmful to others who are non --smokers; and they should be protected. Vice Mayor Henderson was hopeful that in the future he and other non-smokers would be able to attend events of all kinds without being forced to inhale smoke. Councilman Berwald believed that the acceptance of responsibility by individuals requires a certain amount of freedom, and that creative solutions to problems come about better by voluntary actions rather than by coercion; therefore, coercion should be kept to a minimum. He quoted George Bernard Shaw aa saying, "Freedom requires responsibility, and responsibility requires freedom'`. Councilman Berwald thought that if the major thrust of the ordinance was to ask the Stanford Hospital to do what is reasonable, and if Stanford is willing to comply with the chief thrust of the ordinance, which is to avoid arbitrary intrusion of offensive action on others, then he waited to know why the ordinance was necessary in the first place. If accepting responsibility requires freedoa, then it is difficult to be either free or accept responsibility if increasingly the behavior of a person or a group is circumscribed by ordinance after coercive ordinance. In thin case, Councilman Berwald felt if the ordinance passed, there would be no way of knowing where to stop. He felt theater owners should know the desires of Council and then be given the opportunity to take beesouable steps to solve the problem. Councilman Berwald pointed out that many of the buildings and establishments where there was no smoking allowed had become that way on a voluntary basis. A good effort should be made to achieve results through voluntary measures before an ordinance was considered. Councilman'Beahrs commented that human courteay cannot be legislated, and he was concerned that the enforcement problem had not been spoken to. Mayor Sher noted that several persons had talked about the voluntary approach; but on the other hand, they were saying that if the situation became mandatory, people would not obey the signs anyway. In a sense, when a sign is put up, you are appealing to people. Mayor Sher indicted his support of the amendment since it did not seem unreasonable to ask people to smoke in the lobbies. Councilman Norton said the current rule imposed by Council a few years ago provides that a non-smoking area of thirty percent of the seating capacity shall be made available in most movie theaters. As a compromise, he thought it would be reasonable to reverse the percentage so that seventy percent would be the non --smoking portion; end in large theaters, there would be nothing to prevent the owner of designating thirty percent of the seating capacity for smokers. Councilman Norton made it clear that he was referring only to movie theaters. 1 1 909 2/3/75 AMININENT TO AMENDMENT: Councilman Norton moved, seconded by Berwald, that nothing in the ordinance shall prevent any :notion picture theater having a seating capacity of two hundred persons or more from setting aside thirty percent of such seating capacity as an area where smoking is allowed. The amendment to the amendment failed on the following vote: AYES: Beahrs, Berwald, Clay, Norton NOES: Comstock, Henderson, Pearson, Rosenbaum, Sher The Rosenbaum amendment passed on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwald, Clay, Norton AMENDMENT: Councilman Rosenbaum moved, seconded by Pearson, the following addition to the ordinance under Section (4): "Smoking is hereby prohibited in every restaurant serving food to the general public which has an occupied seating capacity of fifty or more persons. This section shall not apply to any restaurant wherein a contiguous nonsmoking area of not less than thirty percent of the floor space and of the seating capacity in which customers are served is mein tained". Mayor Sher stated that he liked the idea of the Hospitality Association making an effort to achieve some results through voluntary means. If the amendment did not pass, Mayor Sher hoped that 4r. Castle would be back before Council at some date in the future to report on the results in Palo Alto. He mentioned that Vice Mayor Henderson had suggested that perhaps a letter could be written to restaurant owners in Palo Alto urging them to cooperate in this voluntary program, and Mayor Sher was prepared to do that if Council so directed. Councilman. Comstock thought the problem with a voluntary program is that only restaurant owners who are prepared to make some effort to implement the kind of guidelines suggested on the signs will do it. If a restaurant owner puts up one of the aigas but is not very responsive to clients who make the demand, the owner would be faced with a lot of difficulties. Such a restaurant owner will simply seat people as they come, and Councilman Comstock thought this approach would in a way become an inhibition to a voluntary compliance program. What has been proposed does retain some flexibility in that the guidelines are set, but Council is not telling the owner how to accomplish the aims. Councilwoman Pearson was reminded of the voluntary presale housing iaspection program. What happened was that at the end of two years, nothing had been done. She urged her colleagues to vote for the amendment. Corrected See pg. 949 Councilman Clay observed that among the speakers at this meeting, there was not a single one who smoked, He said that voting against the amendment is not intended to imply that a Council ?ember is for smoking. Those who are opposed to at feast some parts of the ordinance are concerned about the ability to have the ordinance enforced, and Councilman Clay had great reservations about passing ordinances that could not be enforced. He thought this led to lack of confidence in the government to create practical laeJe eLlso, there ie i tendency for government to intrude into private lives in an excess=.ve way. Councilman Clay agreed with the comments made 9 1 0 2/3/75 by Councilman Berwald that if this ordinance were passed, there was no indication of where the limit would be. He said he would oppose the ordinance, but he agreed with the idea of having Mayor Sher writing a letter to the osnters of restaurants, and to the hospitals, asking for their cooperation in achieving objectives expressed in the ordinance. The amendment failed our the following vote: AYES; Comstock, Henderson, Pearson, Rosenbaum NOES: Beahrs, Berwald, Clay, Norton, Sher AMENDMENT: Councilman Norton awed, seconded by Berwald, that Subsection (b) of Section (3) relating to hospitals be amended to read "shall sake a reasonable effort" rather than "shall make every reasonable effort". Vice Mayor Henderson felt that the word "every" was a stronger one, and he would like it retained. SUBSTITUTE MOTION: Councilman Beahrs moved, seconded by Clay, that the entire Section (3) be deleted from the ordinance. Councilman Rosenbaum felt very strongly about inclusion of Section (3) and he was disappointed in Mr. Carpenter's negative view of the whole thing. Stanford Hospital is deficient in a number of areas with regard to smoking, and they had been aware of the concernu for a number of years. People do smoke everywhere, and no effort is made to find out if new patients would prefer a non-smoking room. Furthermore, visitors smoking in patients' rooms is outrageous. Councilman Rosenbaum thought effores in the direction of accommodating non --smokers would be no great handicap to the hospital's operation. Councilman Beahrs was sympathetic to the objective, but felt this legislation would not be able to be effectively enforced. Any intention of doing so would demand the creation of a special police force. Councilwoman Pearson felt that smoking should be banned in all hospitals, and particularly in the hospital rooms. If signs are posted and everyone knows there is an ordinance, everyone would comply with requests of employees to atop smoking. She pointed put that the Palo Alto Clinic had signs up requesting people to refrain from smoking, and those had proved to be effective. The ordinance would give Stanford Hospital some strength to proeect non-smokers. Councilman Comstock did not think there WAS any reason to suggest that a epecial police force would have to be hired for the enforcement of this ordinance any more than would have to be done to enforce a number- of other ordinances. Such things are enforced through a combination of administrative measures and on a complaint basis. Vice Mayor Henderson commented that as far as the hospital's argument about the treseendowa cost of a no smoking requirement was concerned, he could not understand that at all. It seemed to hits the only cost would be for some inexpensive signs that would be strategically placed in the hospital. 9 1 1 2/3/75 The substitute motion failed on the following vote: AYES: Beahrs, Berwald, Clay, Norton NOES: Comstock, Henderson, Pearson, Rosenbaum, Sher The Norton amendment to the or{ a s_ll motion passed on the following vote: AYES: Beahrs, Berwald, Clay, Comstock, Norton NOES: Henderson, Pearson, Rosenbaum, Sher AMENDMENT: Councilman Norton moved, seconded by Berwald, to add after the word "patients", "one of whom has expressed a preference for non --smoking" in Section 3 (c), and at the end of the same paragraph change "in all bed space areas . . ." to "posted in such bed space areas". Councilman Norton explained that the purpose of this was so that a smoker visitor could smoke ;n a room where thero were two patients who smoked. If one person in the room had requested a no smoking status, then the rule as originally written:: would apply. Vice Mayor Henderson thought it would be much more preferable to have a uniformity of signs in all rooms. The amendment passed on the following vote: AYES: Beahrs, Berwald, Clay, Comstock, Norton NOES: Henderson, Pearson, Rosenbaum, Sher Councilman Beahrs asked the City Attorney for a definition of a public space. Mr. Booth responded that public areas from the city's standpoint would be those areas which are generally open to the public at large, such as lobbies, the snack bar, gift shop, and similar areas. Councilman Norton stated that if each item had been voted on separately, he would have been in favor of having no smoking in elevators and in public meting places The ordinance as amended was approved for first reading on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwald, Clay, Norton MOTION: Vice Mayor Henderson moved, seconded by Sher, that Council direct the Mayor, in the name of the Council, to send letters to all Palo Alto restaurants requesting them to eatablish areas reserved for non—smokers and to follow the recommendations on smoking made by the Santa Clara l€os?itality Association. 9 1 2 2/3/75 The motion passed on the following vote: AYES: Beahrs, Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Norton Csmpai�a Fund Li.mitara.� �+.. Councilwoman Pearson reported that there had been another item before the Policy & Procedures Committee, and she supposed it had been inadvertently left off the agenda. That item was that a campaign fund limitation of $3,000 per candidate be established. Council had been talking about the possibility of requiring that all persons involved in campaigns publish the source of their funds. The subject was referred back to the Policy and Procedures Committee, and the proposal was that a campaign limitation of $3,000 per candidate be established and that a city trust fund be established frcm which the funds would be distributed. Any remaining funds would be placed in General Funds, and the staff would be directed to prepare an ordinance to accomplish this. Councilwoman Pearson's recommendation was made in Committee, and it received no second, and so, of course, it was not voted upon. What that means is that no recommendation or action en this subject will he coming out of the Committee. Councilwoman Pearson felt that should have at least appeared on the agenda so that anyone interested in this particular item would be aware of what had happened. She did not intend to place her proposal on the flog at this time, however. Ordinance Amendinl Sections of title 2 oil'aTo KM -7 me pal Code re ounct�. uses an race turut MOTION: Councilman Beahrs introduced the following ordinance and moved, seconded by Comstock, its adoption: ORDINA%iCE NO. 2 entitled "ORDINANCE ° OF THE CITY OF PALO ALTO AMENDING VARIOUS SECTIONS OF TITLE 2 OF THE PALO ALTO MUNICIPAL CODE TO PROVIDE FOR A CONSENT CALENDAR, , CHANGE THE TIME OF ORAL COMMUNICATIONS, ESTABLISH COMMITTEE MEETING DAYS, ESTABLISH SPECIFIED TIME FOR AGENDA ITEM, AND PROVIDE FOR CONTINUATION OF AGENDA ITEMS" S" The ordinance was adopted on a unanimous out vote. 0 Relatin to the Publicilhigaa of Names elan r u ore and AmoucUm Ortontributions in )lunielpal Elections ?MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Comstock, its approval for first reading; ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION 2.40.040 TO THE PALO ALTO MUNICIPAL CODE, RELATING TO THE PUBLICATION OF NAMES OT CONTRIBUTORS AND THE AMOUNTS OF CONTRIBUTIONS AT MUNICIPAL ELECTIONS 9 1 3 2/3/75 Councilman Rosenbaum stated that it was his view that perhaps Council had acted a little hastily in this matter. As he saw it, the intent of Proposition 9 and other laws of this sort was to attempt to make public the names of contributors whose contributions were of such size as to suggest that there may possibly be some commitment between the contributor and the candidate; and it was felt that it was important for the public to have that kind of information. Council was furthering this by giving added visibility to the names by offering to publish them in the newspaper. On the other hand, there is a ::secret ballot; and a compromise needed to be found. Councilman. Rosenbaum thought that nominal supporters really should not have their names published in the paper. He pointed out that there are organisations that from time to time support unpopular causes, and they are extremely reluctant to have their membership made public. The ordinance, as drawn up, would require that. Councilman Rosenbaum felt the $50 limit,which the Policy and Procedures Committee had ortgivaily recommended, was quite sound; and that same figure was in Proposition 9, which had been carefully thought out by people who were sensitive to these issues. It would greatly simplify the ordinance if Council agreed to the $50 limitation, and then simply referred to Proposition 9. AMENDMENT: Councilman Rosenbaum coved, seconded by Sher, that the following wording be used in the proposed ordinance: "tin the Friday preceding any special or general election, the City Clerk shall publish in the Palo Alto Times the name of each person and committee from whom a contribution or contributions totalling $50 or more have been received, the auic i%ts each person or committee contributed, and the candidates or committees which received such amounts, as such appear on the campaign statements filed within the six month period prior to the election pursuant to Article 2 of the Government Code. For the purposes of this section, the definitions contained in Chapter 2 (commencing with Section 82000) of the Government Coda apply". Councilman Clay stated his support of the amendment, and he noted that the city will save a little money if the matter is handled in this way. Councilman Beahr,s found it difficult to believe that sin begins at $50. Re felt this whole effort was another example of small- town, small-minded, politics. Councilman Connstock asked Mr. Booth about the comments in the covering letter which he sent along with the original draft of the ordinance. In that letter, Hr. Booth discussed a number of things that perhaps should be done to ezpane the ordinance in terns of clarification and administration of the ordinance. To that effect, Hr. Booth had some words in his letter which Councilman Comstock expected to see in the draft ordinance; but they were not there. Aside from the points Councilman Rosenbaum raised, Councilman Comstock wanted to know if it was Mr. Booth's recommendation that the other matters mentioned in the letter ought to be included in the ordinance. Mr. Booth responded affirmatively, if the Council adopted the ordinance without a minimum dollar limitation. The reason his comments were not in the -ordinance itself was that the ordinance reflects exact'.y what the Policy and Procedures Committee did. Councilman Comstock understood that if Councilman Rosenbaum' s amendment passed, thee it would not be necessary to include all the wording suggested in Mar. Booth's cover letter. 9 1 4 2/3/75 Mr.. Booth said this was correct because the current state regulations would provide adequately fot determining who has to report, when the reporting has to be done, and how much. Councilman Berwald said he seldom, if ever, heard such articulate spokesmen for the double standard as he hadjust heard in the motion, the second, and the support. He stated vigorous disagreement with Councilmen Rosenbaum and Clay. If a person contributes money to a campaign and does not want his name to appear, but gives $50, he is deprived of the privilege that the person receives who gives $2. This is inequity, and Councilman Berwald could not understand any logic or justice to that. Secondly, the comment was made that the reason $50 has been selected was because of the possibility that some commitment exists between the contributor and the candidate. Councilman Berwald felt that expressed a deep distrust of individuals, and he asked if $49 or $2 leant that no commitment had been made. From his own experience as a public official, he did not know of anyone who had contributed to his campaign who had ever asked for any commitment; and he had not asked for any commitment from theca. Further, he would never accuse any Council member present of making commitments. Councilman Berwald had found it was people who gave nothing and did not support hiui who lobby most for the issues and create the most pressure. He accepted that and considered it to be in the great American tradition. Councilman Berwald could not see the reasons for the amendment after listening to the arguments that had been expressed. His motion of December 23rd requiring pub- lication of all the names would encourage individuals to give small donations and would encourage the candidate, or the sponsors or proponents of an issue, to go out and get small contributions. Secondly, those who run for Council in the future would have a free endorsement sheet by asking everyone who contributes to his campaign to have his name in the paper. Those who had the broadest grassroots support would have the longest endorsement sheet in the paper. Councilman Berwald stated he would oppose the proposed amended ordinance because ic: was an infringement on the rights of some, and it was a coercive ordinance that had no place in Palo Alts. Councilman Norton did not favor the publication of any of the information at the expense of the City of Palo Alto. If amounts of money contributed were of a newsworthy magnitude, then traditional news sources would make note of that; and if candidates thought it would be to their advantage to publish, they could do so at their own expense. Councilman Norton felt that Councilman Rosenbaum's proposal was the fairer one because it was the lesser of the evils. It was clear to Councilman Norton that if the city published the name of every contributor of every dollar to every committee and/or candidate, there would be about three or four full length pages in the Palo Alto Times at a cost of about $800 each, paid for by the city. This would be particularly true where there would be so --called nickel and dime candidates. Councilman Norton said he would favor Councilman Rosenbaum's amendment because he did not believe in free advertising for candidates, and he would vote against the main motion. Councilman Beahra asked what size type would be used in the notice in the newspaper. - Mr. Booth suggested that such publications would be made in usual legal size. Ed Estes, 1160 Bryant Street, representing the Steering Committee of ABC, stated support for the proposed ordinance. He thought it was e reasonable, nominal, and inexpensive step. It was not restrictive 9 1 5 2/3/75 in that it did"not curtail the activitiee of any candidate. It does expose to the public that which should be public; namely, the extent and source of each candidate's financial backing. Mr. Estes especially endorsed the reinstatement of the lower limit. The abuse that should be prevented is the kind that is brought about by large expenditures of campaign funds, and he was talking about the inordinate influence that money could have in getting people elected. Although it could not always be demonstrated, Mr. Estes tholght it was clear that coney does influence a lot of elections. In the final analysis, candidates should be elected not by money, but by the support of a large number of dedicated supporters, One reason for having a dollar limit was that without one an accounting monster would be created. It :could simply be too difficult to account for every quarter that was contributed at some coffee, for instance. By not including the limit, Mr. Estes felt the whole merit of the ordinance would be destroyed. He thought that a figure needed to be chosen on an arbitrary basis. Five and ten dollar contributions versus several hundred dollar contributions was what needed to be talked about, as a practical matter. Councilman Clay hypothesized that some candidate received one contribution of $3,500, but that he was elected by 5,000 Palo Alto voters. He asked Mr. Estes if he would assume that all those voters had been somehow led astray. Mr. Estes responded that he would issue the main way that candidate got elected was by spreading his name around a great deal; therefore, he possibly won the election through name recognition. That candidate may be representative of Palo Alto; but if he received one contribution of $3,500, it is not likely that he is. Councilman Berwald asked Mr. Estes how he justified saying that SOMA people do not like to have their names in the paper, or their contributions known. In Councilman Berwald's opinion, the desire of a person to not want to have his name in the paper would not have any relation to the amount of money he contributed. Hr. Estes felt that if a person gave a sum such as $500, then he thought that contributor's name should be in the paper. Councilman Berwald commented that the argument was made that all, the names should not be listed because some people do not want Leer nos in the paper. However, the person who contributes $50 has his name listed in the paper no matter how he feels about it; but the person who contributes $35 is not listed. Mr. Estes responded that a figure had to be picked. If someone gives a large amount of money to a candidate, the public should know about i t . Councilman Berwald asked if the support ABC was giving to the ordinance was based on the fact that there is some sort of impropriety on the part of a person who gives $50; and by publishing that information in the paper, the aim would be to discourage $50 contributions and to show up those candidates as possibly receiving some sort of dirty money. Mt. Estes thcught this was putting the matter in an extreme way. Be said he has a bias for small amounts of money, and he worries when he sees large amounts of money being contributed. He also worries when he suspects that large amounts of money were donated, but he could not be sure that they were. 916 2/3/75 Councilman Beahrs remarked that he thought this was all a very interesting political exercise. The Rosenbaum amendment passed on the following vote: AYES: Beaters, Clay, Comstock, Norton, Rosenbaum, Sher NOES: Berwald, Henderson, Pearson The ordinance as amended was approved for first reading on the following vote: AYES: Comstock, Henderson, Pearson, Rosenbaum, Sher. NOES: Beahre, Berwald, Clay, Norton it id Stop Intersection S totem anti tfa* (CMR:146:5) MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Henderson, its adoption; and he further moved, seconded by Henderson, that the concurrent revisions to the existing "Stop Intersection System" map be authorized: RESOLUTION NO. eO65 entitled, "RESOLUTION aim r CITY OF PALO ALTO AMENDING RESOLUTION 4291 CHANGING THE CITYWIDE STOP INTERSECTION SYSTEM AND MAP" The resolution was adopted and the entire motion approved on the following vote: AYES: Beahra, Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Norton over San Francisaluito Creek (CMR:131:5) m MOTION: Councilman Comste .k ,roved, seconded by Pearson, that the Mayor be authorized to execute the agreement with the City of Menlo Park. Vice Mayor Henderson referred to page two of the agreement, and he thought the wording there was getting away from the Idea of having Council approve bids. Also, he did not understand that it was made clear that the contract would go to the low bidder. Mr. Noguchl responded that he believed this fell within the normal format of Menlo Park agreements. Vice Mayor Henderson also asked why it was stated that Palo Alto would pay its share of the cost to Menlo Park in advance. Lauren Mercer, City Engineer for Menlo Park, stated that there Would be no awarding of a contract until it was approved by the Palo A -to City Council. With regard to the award going to the list bidder, 9 1 3 2/3/75 Mr. Mercer noted that there is a state law that the contract would have to be awarded to the lowest responsible bidder. As far as Palo Alto paying to Menlo Park its share of the project costs thirty Jaya after the award of the contract was concerned, Mr. Mercer pointed out that language was copied directly out of an agreement that the City of Palo Alto had with the City of Los Altos concerning a bicycle bridge. It was normal procedure to have a certain deposit from one public agency to another at the beginning of a project, with adjustments of c=oat at the conclusion of it. Vice Mayor Henderson would like the motion to include that under Section (3), Award of Contract, there would be an addition of the words "upon approval by the Councils of both cities". Councilman Comstock and his seconder agreed to incorporate that wording into the motion. Corrected See Pg, 949 Councilman Clay commented that the payment from Palo Alto ought to be scheduled on an invoice, or something of that nature. Mr. Mercer responded that the major reason for having the honey in advance would be the same as having money :In the bank to pay the contractor when the payment cores due. Councilman Clay asked that wording be included in the motion under Section (7), to the effect that after the awarding of the contract, Palo Alto would pay to Menlo Park 50% of its share of the project costs, rather than the entire amount. Councilman Comstock and his seconder agreed to incorporate such wording into the :,toti m. Councilman :ieahrs asked what the logic was to this particular location of the bridge. Mr. Noguchi responded that this item was discussed and acted upon by the Council about a month ago when the Bikeways Master Plan was updated and amended to include the bridge at this location, The actual routing and conceptual alignment shown on the plan was reviewed with the Staff/Citizens Technical Advisory Committee on Bikeway Matters. Councilman Seahra asked why there was an angle in the approach to the bridge. Mr. Noguchi explained that one reason for that was the proximity of the span,% and the other was that there were some major trees in the direct line going toward Palo Alto Avenue from the Menlo Park side. Mr. Mercer added that Menlo Park had an existing easement in that area. As Air. Noguchi explained, there were some trees in the way, and in order to get a shorter span across the creek, the decision was made to move the bridge further upstream. The right angle turn is there because of an existing parking lot, but the actual curves will not be as sharp as indicated on the concept drawing. Councilmen Beaters asked if all of the requirements of the Park Ordinance had been satisfied in this matter. 918 2/3/i5 Hr. Noguchi stated that this matter was reviewed with the City Attorney's office, and he understood that the ruling had been that the bridge was compatible with park usage and consistent with the perk ordinance. Mr. Booth agreed with Mr. Noguchi's comments, but he said be would find out whether or not the plans would have to be approved by ordinance. Councilman Comstock indicated his hope that everyone would vote for this agreement, He expressed Council's appreciation to Menlo Park for joining Palo Alto in this project. The agreement with the added wording in Section (3) and (7) was approved on a unanimous vote. usin Land Bank and Mini -Park -- ouse CIS:149:5) MOTION: Vice Mayor Henderson mowed, seconded by Berwald, that the staff report on the housing land bank and mini -park - property near North County Courthouse be referred to the Planning Commission, the Finance and Public Works Committee, and the Palo Alto Housing Corporation for review and recommendation. Harold Hohback, 29 Lowery Drive, Atherton, stated that he was one of the co -owners of the Courthouse Plaza Building just south of the North County Courthouse. Mr. Hohback considered the entire area there to be over -assessed by the county, and this had happened because the county expected a lot of growth that had not materialized. The property has not been developed, and it is just too expensive under its zoning for apartment houses. The Powers property is squeezed in between other properties, and access to it would be very difficult. Mr. Hohback felt that a housing development on the property would be a mistake because those who lived there would be isolated from everything else. In Hr. Hohback's opinion, the Planning Co ission failed to envision all of the needs in that area. The referral motion passed on a unanimous vote. tive Road S stem for California A Councilman Berwald noted that there were new consultant selection procedures, and he wanted to know if this staff recommendation was consistent with them. Mayor Sher responded that this project was underway before the consultant selection procedure was adopted; therefore, Council Vas not inv,_,1ved in the first stage of the selection. Councilman Berwald asked if this study would cost up to the $20,000 allocation. Mr. Noguchi responded that this was the reason for the negotiations, and staff warn hoping that the final figure would be lens than 520,000. Councilman Berwald asked that in view of the need for conserving funds, if the project could be spread out a* far as time was concerned, using the Traffic Engineer's office, the 9lanning Department staff, and the skills that were already available in the city. 919 2!3/75 Mr. Noguchi replied that staff was currently overworked with a backlog of previous assignments, and it was not able to take on this kind of major task. This waa a very complex problem both in regard to the financial aspect!, and the feasibility of building this kind of a roadway. MOTION: Councilman Fserwald moved, seconded by Norton, that Council approve the selection of George S. Nolte and Associates as project consultant and authorize the staff to negotiate at appropriate contract agreement with the consultant for Council. approval. Councilman Clay recalled that in various discussions, the alternative road system had been associated with the closure of Hanover Street south of California; and he thought this was part of the Comprehensive Plan. He asked why the city was going ahead with this study now in view of the things that are yet to be done with regard to implementation means for various alternatives of the Comprehensive Plan, Naphtali Knox, Director of Planning, said that his recollection of the discussion of the closure of Hanover Street in relation to the Comprehensive Plan was that such a closure was a very specific item that would not normally be considered in something as broad and comprehensive as the Plan. Also, it was the hope that because there was a CIP project involved that would deal with the alternative road system and California Avenue, that, in fact, the closure of Hanover - which related more closely to that item -- could be combined with it. Mr. Knox stated that it was his understanding that should the study go forward, staff would take-up the closure of Hanover at this point. Under that circumstance, with closure of Hanover and the alternative; road system for the California/Page Mill area combined, the city would get a better and more detailed study of the ramifications of those two tFat it would in the Comprehensive Plan. The Comprehensive Plan has to look at the whole city and has to do so with a limited component of staff and a limited consultant contract. Councilman Clay asked why this should be done now rather than later when staff had done more toward implementation means for the Comprehensive Plan. Mr, Knox explained that it better serves the notion of the closure of Hanover Street to consider it at this levelof detail, in a consultant contract. 'Secondly, it comes up a little more quickly than it would under the Comprehensive Plan. Colin Mick, 2130 Hanover Street, representing the College Terrace Residents' Association, commended Council and staff for bringing the study forward to quickly. It now appeared that with the exception of the California Avenue section of the Terrace, everything seemed to be fairly well under control. Mr. Mick pointed out that California Avenue was still inundated with very large trucks. With regard to the negotiations with the consultant, the Association wanted to be certain that the firm explore a number of alternatives for road structures and financing so that Council would have a wide variety of alternatives from which to choose. Vice Mayor Henderson asked if staff were down to two consultants that were interviewed, and George S. Nolte and Associates were selected. He wanted to know if he understood correctly that staff wanted Council to approve that selection and authorize staff to negotiate a contract. In other words, the two consultants did not come in with bids; but staff decided it wanted Nolte, and then it would go fip d out what 9 2 0 2/3/75 they would have to pay them. Therefore, Nolte knows he is going to be the consultant; and Vice Mayor Henderson could not see what was going to keep him under $20,000. Mr. Noguchi responded that the consultants did provide a general indication of a range of costs, and he pointed out that professional consultants do not like to use the quote or bid process. Nevertheless, ;here had beea some indication of the general order of costs; and it would be on that basis that staff would start negotiations for a formalized agreement. Councilman Beahrs asked Mr. Noguchi if he believed. in all honesty, that this effort could be fruitful. Councilman Beahrs considered this just another $20,000 down the drain. Mr. Noguchi considered this to be more than just a traffic engineering study. Staff was really talking about expertise that was needed for financial methods and the feasibility of building such a road within the area. The dollars had been indicated for that purpose in the CIP, and Council had indicated a desire to proceed with this project. It was supported in the Comprehensive Plan discussions, and Hr. Noguchi believed the city should go forward with it. Councilman Clay stated that in his opinion, this was purely political. He suspected that in the beginning; and from what he had seen transpire in the last five minutes, he was certain than: it was purely political. Councilman Clay said he would vote against the motion. The notion passed on the following vote: AYES: Comstock, Henderson, Pearson, Norton, Rosenbaum, Sher NOES: Beahrs, Berwald, Clay Alto Police De'artm,ent 9:4) Mayor Sher noted at an earlier meeting it had been suggested that the reports on police activities were valuable, but it would be sufficient if they were included in the packet. Then, if any Council member wished to agendize the item for any particular reason that would be passible. Vice Mayor H,enderen -commented that he did not see any real reason to agendize_rte"report and require Chief Zurcher to be present until niche art;. Once Council members had reviewed the report, they could ask that it be agendized if that were deemed necessary. Councilman Berwald thought he would like to leave the item on the agenda for one more month and then have Council review it. He had some reasons for requeating the report that had to do with bringing to the public the nature of crime and some specific personal instances. If that could be done, Councilman Berwaid felt it would be helpful; and he thought it could be done without Chief Zurcher being present. Mayor Sher noted receipt of the most recent report, and said the next report would be agendized and the question of agendizing would be reviewed at that time. 921 2/3/75 Oral Tpagga jratipns None. e i ,Adiournment The meeting of February 3, 1975, adjourned at 12:25 a.m. ATTEST: City Clerk J APPROVE 9 2 2 2/3/75