HomeMy WebLinkAbout03101975Alto
cITY
COUNCIL
M!NUTES
Regular Meeting
March 10, 1975
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ITEM PAGE
Approval of Minutes of February 10, 1975 9 8 8
Oral Communications 9 8 8
Consent Calendar -- Action Items
Item 1 of the Consent Calendar, Vacation of a Sewer Easement -
East Meadow Circle/Fabian Way 9 9 0
Retirement of Charles DeMau1in 9 9 0
Council Determines by Lot the Order of Listing Candidates' Names
on the Ballot for General Municipal Election, May 13, 1975 9 9 0
Sidewalk Repair Program 9 9 1
Sign Ordinance Revision 9 9 2
Jurisdiction of the Architectural Review Board and Plaaniag
Commission 9 9 6
Designation of Health Service Area - Santa Clara Count 9 9 7
Santa Clara Valley Water District - ketch tetchy Water Contracts 9 9 8
Amendment to the Child Care Contract 9 9 9
1975 Census -- Contract with Santa Clara County 1 0 0 0
Integrated Urban Insect Control Program 1 0 0 2
Water Quality Control Plant 1 0 0 4
Request of Councilman Comstock re Alternate Dumbarton Bridge
Proposal, SB 417 1 0 0 5
Request of Councilwoman Pearson re Wall Murals in Downtown Palo
1 0 0 8
Request of Councilwoman Pearson for a Status Report on Affirm -
1 0 0 9
ative Action Program
9 8 8
Request of Councilwoman Pearson for a Written Report from the
City Manager re Inconsistencies in Citizen Utility Bi11. 1 0 1 1
Request of CoLulci1woman Pearson re Closing Hours of Card Clubs 1 0 1 3
Oral Communications 1 0 1 4
Meeting of March 26th Cancelled 1 0 1 4
Special Meeting on March 13th 1 0 1 4
Ad4ournaeent 1 0 1 4
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March 10, 1975
The City Council of the City of Palo Alto met on this date at 7:30 p.m.
In a regular meeting with Mayor Sher presiding.
Present: Beahrs, Berwald, Clay,
Henderson, Person,
Rosenbaum, Sher, Comstock
(arrived 7:35 p.m)
Absent: Norton
royal of Minutes of Februar 10 1975
Corrected
See pg. 1059Vice Mayor Henderson requested that the word "affluence" be corrected
to „effluence" in the ninth line from the top of page 944.
Mayor Sher requested that the word "agree" be changed to "disagree"
in the first line of the last paragraph on page 938. Mayor Sher stated
Mr. Knox's requests that in the fourth full paragraph on page 934
the word "comply" be inserted in place of "apply" in the fourth line,
and that "not" be deleted fro the fifth line.
1
MOTION: Councilwoman Pearson oved, seconded by Comstock, that the
minutes of the meeting of February 10, 1975, be approved as corrected.
The motion passed on a unanimous vote.
Oral Communications
Mayor Sher explained that tonight for the first time a new agenda
procedure would be followed. A total. time of fifteen minutes would
be allocated to Oral Communications at the beginning of each meeting to
allow citizens to speak on any subject not on the agenda. There would
be a five minute limit per speaker, Mayor Sher invited meabers of
the audience to address -Council, but no one wished to do so at this time.
Consent Calendar - Action Items
Mayor Sher pointed out that items appearing on the agenda under Consent
Calendar were items which staff had determined could probably be approved
without discussion. If any Council mes!ber wished to discuss one of
the items; he could request that it be removed from the Consent Calendar;
and that item would be taken up at the point sin the agenda where it would
normally have appeared. One part of the Consent Calendar related
to items to be referred to a Commission or Committee, and the other
part related to any other iteiss. Mayer Sher explained that be would
ask at the very beginning whether Council members were ready to vote;
and it world be at that point that a Council member wishing to remove an
item from the Consent Calendar would seek recognition and make the
request. Following that, there would be an oral vote with Mayor Sher
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calling for affirmative votes first. When he called for opposing
votes, that would be the time for Council members to indicate a negative
vote on any item listed in that part of the Consent Calendar being
dealt with. The same would be true for Council members who wished
to be =recorded as abstaining on an item.
Councilman Beahrs asked if members of the public could be heard under
Oral Communications on subjects that appeared under the Consent Calendar.
Robert Booth, City Attorney, responded that this was not the intent
of the addition of the Oral Communications period at the beginning
of the agenda; and in his opinion, such action would defeat the purpose
of the Consent Calendar.
Mayor Sher etated that any member of the public who wished to speak
on a Consent Calendar item could so inform any Council member, who
could then request that the item be placed in its regular place on
the agenda,
Councilman Berwald asked if an oral vote were something that had been
agreed upon when the procedure was developed.
Mayor Sher said that the Consent Calendar was something that would
be adopted as a package, and he thought that voting on several items
at one time on the board might be difficult. Everyone would be recorded
Corrected as voting „aye" except those Council members who stated a negative
See Pg. 1°59vote on a particular item.
Councilman Berwald asked why such items as retirement of employees
were not included in the Consent Calendar.
Mayor Sher responded that in order to make a presentation of a Resolution
of Appreciation, for instance, there would automatically be some seatementa
made; and there was the possibility of Council members wishing to
add comments of their own.
Councilwoman Pearson agreed that Council wanted to honor each city
employee who retired, and it did not want such persons to be part
of a Consent Calendar action. She thought the board could be used
for voting but indicated her willingness to give oral voting a try.
Councilwoman Pearson felt that if a member of the audience sent up
a card to indicate a desire to speak on a Consent Calendar item, that
would automatically remove the item from that part of the agenda.
Mayor Sher recalled that the adopted procedure contemplated having
Council members make requests to have items removed.
Councilwoman Pearson was anxious to be certain that any person who
wanted to speak on r Consent Calendar item would have that opportunity.
Councilman Clay commented that the types of items that would be listed
in the Consent Calendar had not been discussed by Council. It bothered
him somewhat that four of the five items in tonight's Consent Calendar
had to do with spending money. Normally, the public likes to hear
some details as to why the money was being spent and what was expected
to be received for the money mpent. It was Councilman Clay's opinion
that this should be given some serious thought at the appropriate
time.
Mayor Sher noted that the second item was a bookkeeping kind of situation,
and the staff makes a determination in advance of those items which
would normally be routinely approved. He added that there As documentation
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for each item in the packet and an explanation of the recommended
action; therefore, the Council, as well as the public, can be aware
of the reasoning for proposed actions. At the same time, the information
in the packet providee an opportunity for anyone to decide that an
item should be removed from the Consent Calendar.
Mayor Sher asked if Council members were ready to vote on the Consent
Calendar.
Councilman Berwald requested that Items 2, 3, 4, and 5 be removed
from the Consent Calendar.
Mayor Sher stated that those items would be taken up at the point on the
agenda when Reports of City Manager are heard He called for the vote on
1 S►f the C9n.sent Calendar, Vacation of a Sewer Easement F East
glagacuLoalauEljelu. The following resolutionpassed on a unanimous
vote
RESOLUTION NO. 5069 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
DECLARING ITS INTENTION TO ORDER THE
VACATION OF AN EASEMENT AND SETTING A
PUBLIC HEARING THEREON"
k' tirement of Charles DeMoulin (0 :168:5)
IMMO
:mayor Sher stated that Officer DeMoulin was retiring from the Police
Department due to a job -incurred injury. Officer DeMoulin joined
the Palo Alto Police Reserve in 1964. After two yeara, he decided
to iiake a career out of law enfcrcement and joined the regular department
on April 11, 1966. During his police career, Officer DeMoulin worked
in the traffic and patrol bureaus of the wield Services Division.
Mayor Sher said that Officer DeAoulin would return to college upon
his retir-nent.
MOTION: Councilman Comstock introduced the following resolution and
owed, seconded by Pearson, its adoption:
RESOLUTION NO. 5068 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO CHARLES R.
DE MOULIN UPON 115 RETIREMENT"
The resolution was adopted on a unanimous vote.
On behalf of the Council, Mayor Sher wished Officer DeMoulin success
is his retirement plans and presented a copy of the resolution to
him.
fnmeil Determines by Lot the Order
of Liatin Candidates Uaaes
on t Bs of or r�era ici a
lory Seedman, Youth Advisory Council member, drew the eleven candidates'
asses in the following order:
1. Richard L. Amoroso
2. Scott T. Carey
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3. Roy L. Clay
4. John Ftedrich
5. Bryan K. Devendorf
6. Anne R. Witherspoon
7. Fred S. Eyerly
8. Lawrence A. Klein
9. Richard Rosenbaum
10. Enid Pearson
11. /Jan Henderson
The above order will appear on the sample ballot.
Sidewalk Repair Promo rhea (CMR:189:5)
Vice Mayor Henderson, Chairman of the Finance and Public Works Committee,
noted that Council had the rare opportunity of authorizing a reduction
of expenditures in the current year's budget. Staff had recommended
some changes in criteria for sidewalk repair and convinced the Finance
and Public Works Committee that thenew criteria would maintain a high level
of service. Also, the recommecdad_criteria did not increase safety hazards
that would open the city to liability suits. Under the present criteria,
a break in the sidewalk causing a step or lip fro; 1/4" to 3/4" is
patched with asphalt concrete. If the step or lip exceeds 3/4", that
section of the sidewalk is replaced. Vice Mayor Henderson explained
that under the proposed criteria, patching with asphalt concrete would
be done on steps or lips of 1/2" to 1-1/4"; and replacement would
take place when there were gaps of L -I/4" or more. Thia change would
allow che deletion of $30,000 budgeted for outside contracted work
for sidewalk replacement, and it would allow a reduction in sidewalk
repair staff from eighi regular employees and one casual employee
to seven regular employees -- or a drop of one and one-half person
years. In addition to the personnel savings, time will become available
to greatly increase the amount of preventive root sawing. Purchase
of a second saw would permit the increase of linear feet of root sawing
per year by more than four times, and this means that each area of
the city would be covered every.ewoeyaars. Vice Mayor Henderson pointed
out that the program would greatlee seduce the amount of root -related
damage to the city's sidewalks; ,The police! change on sidewalk repair
and replacement would save $47,000 annually, beginning with the fiscal
year 1975-76. For the current fiscal year, the outside contracted
work budgeted at $30,000 can be saved in the Capital Improvements
Program budget, Vice Mayor Henderson added that a one --time appropriation
of $11,000 is required for the purchase of a new saw. That amount
needs to be added to this year's budget ao that the saw can be ordered
immediately, but the balance of $19,000 reverts to the unallocated
reserve in the Capital Improvements. Fads. Staff had requested another
$4,000 for a truck to transport the second saw. The Committee asked
that a check be made of pt:esently a .vebiclea to see if one might
be available and convertnle to this. use.
MOTION: Vice Mayor Henderson ecered emebeha1f of the Finance .aad, Public
Works Committee that Council" dero &1t: ta..mpaaed.witUetba sidewalk
repair policy as set forth in the sr:aff: rspeet., of Fablsua.sy, 14, 1975,
except that asphalt concrete patching criteria shall be 1/2" or higher
instead of 3/4" or higher; that preventive root sawing efforts be
implemented; and that an amendment to the 1974-75 budget be prepared
to reflect the $11,000 cost of a saw and its trailer and the necessary
equipment be purchased; and Vice Mayor Henderson introduced the following
ordiosnce and coved, seconded by Comstock, its approval.
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ORDINANCE NO. 2845 entitled "ORDINANCE
OF THE COUNCIL. $ HE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR
1974-75 TO IMPLEMENT A REVISED SIDEWALK
REPAIR POLICY"
Councilwoman Pearson asked whether a complaint from a citizen about
a sidewalk or the results of s survey crew would receive priority.
Vice Mayor Henderson responded that he understood from staff that
the complaints would receive first priority.
Councilman Rosenbaum noted that on page 2 of the Finance and Public
Works Committee minutes, Mr. Sipel stated that this was a program
which staff had been looking at periodically over the last few years.
Staff had not taken any action until the matter became a Council
assignment since they did not consider that it had enough priority;
yet, it looked as though this might be an opportunity to save $47,000
per year. The implication seemed to be that perhaps this subject
would not have been looked into in a comprehensive way if it had
not been a Council assignment, and Councilman Rosenbaum indicated
Council's willingness to assign more such money -saving projects if
Mr. Sipel had a list.
George Sipel, City Manager, responded that at the appropriate time,
he would be happy to give Council a list; and staff would be pleased
to have such a list from Council. Mr. Sipel explained that any project
that received a Council assignment automatically had a higher priority.
Eventually, staff would have taken care of this matter; but normally,
such subjects receive attention from staff after more important assigns ants
had been taken care of. Mr. Sipel f dded that there were a lot of
things in the city operation that could be looked at if that kind
of program is given priority rather than some of the other assignments
staff is given.
The motion was passed and the ordinance adopted on a unanimous vote.
S1 uordirn�ance Revision
Councilwoman Pearson, Chairwoman of the Policy fend Procedures Committee,
said that the preeent recommendation was the latest attempt to upgrade
the quality of signs in Palo Alto; and it had to do with not permitting
more than twenty percent of a window to be covered with temporary
and/or permanent aigns. Another aspect dealt with vas awning signs.
The Architectural Review Board noted that some signs on awnings could
be particularly handsome, and the Committee changed the ordinance
that had been presented to it to also allow projected lettering on
awnings. The Committee added a section dealing with the amortization
of non -conforming signs that were painted on windows with a pen anent
type of paint, allowing such signs c two-year amortization period.
The recommendation that came out of the Policy and Proced=ores Committee
deliberations regarding revisions to the Sign Ordinance was to permit
awning signs and to regulate window signs, and that the ordinance
be approved with the following amendments: a) Section 2(a) - Remove
the phrase . . . "and not extending or projecting from the awning
covering;" b) Section 4(3) - Change wording to read: "Merchandise
on display, which does not constitute a sign as defined, shall be
exempt from the window coverage limitation of this section;" c)
A new section to be added that would amend the section dealing with
the amortization of non -conforming signs and that would add the word
„window" to the amortization of non -conforming signs in Section 16.20.230
setting a two-year period.
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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 AMENDING VARIOUS PORTIONS
OF CHAPTER 16.20 (SIGNS) OF T}1E PAL
ALTO MUNICIPAL CODE TO PROVIDE FOR THE
REGULATION OF AWNING SIGNS AND WINDOW
SIGNS AND MODIFYING ALLOWABLE COMBINA-
TIONS OF SIGNS
Councilwoman Pearson commented that the staff had been diligent in
making sure that the community involved had plenty of notice that
the changes were under consideration. Letters had been sent out,
and notices were published in The Palo Alto Tomes.
Mayor Sher noted the receipt of a petition from business people in
the Midtown area requesting that Council take no action on the proposed
amendments to the sign ordinance.
A slide show was presented by Lois Atchison of the Planning Dept., to
illustrate some of the types of signs found inside of windows throughout
the community.
Maurice Gordon, 328 University Avenue, owner of the Discs= --Re{ Pharmacy,
stared his opposition to the proposed ordinance. He said his store
was a discount store, and the only way he could afford to advertise
was by putting signs in his window. Mr. Gordon predicted that if
the proposed ordinance passed, his business would fail and his employees
would be without jobs.
Councilman Beahrs commented that one permissible sign saying "Discount
Drugs" would be just as effective and tore appealing than many signs
quoting names and prices and filling up the great percentage of the
window apace.
Mr. Gordon pointed out that he pays rent for the inside of his store,
and that iaa where he puts his signs. He noted that many customers,
particularly senior citizens, made a habit of carefully reading all
of his signs for price comparison.
Frank Maanfredi, 219 Addison Avenue, did not think that signs in windows
meant very much to customers. Smart cor:sumers shopped where a quality
product could be purchased for the least amount of money. In Mr.
Maufredi's opinion, if Mr. Gordon went out of business and his employees
lost their jobs, it would be due to the system, banks, oil companies,
etc. .,end not the City's regulation of signs.
Councilman Clay said he opposed the ordinance in Committee, not because
he disagreed with the objectives, but because the proposed ordinance
was not as well -conceived as it might be in order to be an enforceable
law. Councilman Clay commented that he was not sure if the signs
in the Disco -Fez window would be non -conforming since they were temporary
signs. It was his understanding that if a sign were in a window,
it could be made conforming by the addition of a price. Councilman
Clay also had reservations about Council looking et window signs
as separate and distinct from wall signs. Perhaps it would be more
reasonable to take the total wall surface into consideration when
determining how large signs could be. Referring to the manner in
which signs are measured, Councilman Clay pointed out that the lettering
constituting a sign would be measured by having a parallelogram drawn
around it. Thip meant that a very tasteful sign might be non -conforming
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because it used more than twenty percent of the window space. If the
lettering were compacted, the sign would be conforming; on the other
hand, it might be a lot less attractive. Councilman Clay noted that
later in the agenda Council would be considering an item concerning
murals on walls, and murals are signs. It seemed that the complexity
of the legislation was being increased by considering each separate
item out of the total picture. Councilman Clay indicated he would
like to achieve the aesthetic effect of better signs, but he thought
e ...- b s ordinance needed a lot more work. He felt it would be a good
idea to have the ARB involved in determining when a sign would be
acceptable to the city, notwithstanding that its parallelogram may
exceed twenty percent of the window space. On those grounds, Councilman
Clay would oppose the ordinance.
Vice Mayor Henderson doubted that any ordinance was perfect, but
a great deal of time was put in on this particular one. He suggested
that if the ordinance were not acceptable, and assuming Council wanted
a sign ordinance, then some substitute ordinance would have to be
created. Vice Mayor Henderson thought the Disco -Rex window was an
unattractive one; and if all the stores in the area did that kind
of advertising, no one would want to shop there.
AMENDMENT: Vice Mayor Henderson moved, seconded by Pearson, that
Section 3, 16.20.200(a) be amended to read "where there is a freestanding
sign any one of the following: a flat wall sign, a projecting wall
sign, or an awning sign".
The amendment passed on a unanimous vote.
Councilman Berwald asked how many of the merchants involved in the
survey violated the twenty percent of the total window space part
of the ordinance.
Lois Atchison, Associate Planner, responded that a rough estimate
would be that ten percent of the windows surveyed had more than twenty
percent coverage by signs.
Councilman Berwald understood that this meant, according to the estimate,
that ninety percent of the businesses would be in compliance with
this part of the ordinance.
Ma. Atchison responded affirmatively.
Councilman Berwald referred to Los Altos, which everyone agreed was
a very attractive community, and said that if that town concerned
itself with displays within one foot of the interior face of the
window, he would like to know what logic was involved in Palo Alto's
specifying three feet.
Me. Atchison replied that the logic of even considering the area
behind a window is based on the fact that many shops do have a raised
display stand behind the window. It would be illogical to try to
control signs pasted on the window and ignore the ones placed behind
the window at some point, whether it be at one foot or three.
Councilman Berwald asked if there were any provision made for special
occasions such as a store opening or a sale.
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Ms. Atchison pointed out that there is an ordinance for going out
of business which included provision for large signs. Special sales
would probably come under the twenty percent area requirement, and
that might be an adequate sign size.
Councilman Berwald asked if there had been allowance made for the
speed of traffic passing through a particular commercial area.
Ms. Atchison responded negatively.
Councilman Berwald asked if an attractive, large sign might not become
unattractive if the lettering had to be squeezed into a specified
space since the temptation would be there to perhaps put in a solid
coloring behind the letters, use lights, etc.
M. Atchison explained that if the various sign elements are pushed
apart a little bit, then they can be considered as separate elements;
and the sign area is reduced considerably.
Councilman Berwald referred to remarks made by Crystal Gamage to
the effect that Downtown Palo Alto, Inc. did not think that this
matter had to be handled by ordinance. It had been that group's hope
that guidelines would be set forth. Councilman Berwald asked staff
how it felt about giving the merchants one or two years to improve
their signs under a guideline situation, particularly since approximately
ninety percent of the businesses were already in compliance.
Naphtali Knox, Director of Planning, stated that he saw no problem
with either putting the ordinance into effect now or delaying it
for a study period, There were a few facts that brought the sign
ordinance before Council at this time. One of these is that last
August when a sign ordinance was brought before Council, it was .suggested
that two other areas be looked into. One of these was the placing
of signs in windows, and the other one had to do with awnings. A
second fact is that no permits are issued for signs in windows; therefore,
there is no way that the Architectural Review Board can be given
review procedures.
Councilman Berwald was curious as to how much it would cost to enforce
the ordinance. He pointed out again that ninety percent of the merchants
are already in compliance with the ordinance. Councilman Berwald
had observed that Los Alton had a very attractive commercial area,
and that city controls just one foot inside the window. Palo Alto
has not tried a year's test of guidelines, had not given any allowance
for speciel occeaions, and proposes a method of measurement that
could result in unattractive sigma. Councilman Berwald made an appeal
for the voluntary approach. He thought that city control over three
feet of space inside a store was something of an imposition on the
marketing aspects of retailing. Councilman Berwald suggested that
the ordinance be delayed for another year, even of the AR.B had to
be given some jurisdiction over window signs.
AMENDMENT: Councilman Berwald moved, seconded by Clay, that Section
4 of the ordinance be amended to replace the three feet inside the
window requirement to one foot.
The amendment failed on the following vote:
AYES: Berwald, Clay
NOES: Beahrs, Comstock, Henderson,
Pearson, Rosenbaum, Sher
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Ben Pawioski, Director, of Public Works, stated that the cost of eufor.:irg
the window sign ordinance would be approximately $8,000 per year.
Councilwoman Pearson pointed out that the Architectural Review Board
has .indicated dismay that it is not able to control window signs.
Further, Councilwoman Pearson thought perhaps the voluntary approach
might have some merit; but the Building Inspectors and the ARI3 would
have nothing to back thews up when they were trying to persuade some
of the worst offenders to cooperate. Downtown Palo Alto, Inc, has
tried for niue years to get one merchant to cooperate; and they have
still not been succeasfu.l in their attempt. Wheh merchants begin
putting signs in their windows, they begin to compete with each other;
and the signs become larger and more numerous. Councilwoman Pearson
thought that a good example of that theory is the situation which
exists along El Camino Real. Los Altos has a sign ordinance which
requires that signs do not occupy more than fifteen percent of the
window space. Councilwoman Pearson felt it was debatable as to whether
or not cars speeding by brought in any business. Most people knew
in advance where they were going, and they did not come to a sudden
stop along a street just because they notice a large sign.
Councilman Beahrs said there were some people who were literally
imposing on those who attempt to maintain an acceptable aesthetic
level in the community; and for that reason he would support the
ordinance. He stated, however, that he was somewhat weary with the
frequency with which the sign problem came before Council. The point
was almost being reached where the business community was being harassed,
and Councilman Beahrs would like to see the sign situation finally
settled.
The ordinance as amended was passed for first reading on the following
vote:
AYES: Beahrs, Comstock, Henderson, Pearson
Rosenbaum, Sher
NOES: Berwald, Clay
f th Architectural Review
oa' d and Planain Cass .on
Councilwoman Pearson noted that this ordinance is non -controversial,
because both the Planning Commission and the Architectural Review
Board have reviewed it and agreed that they would like to see it
passed by the City Council. The ordinance was designed to assist
the two bodies in working more effectively together.
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 AMENDING SECTION 16.45.020
OF THE PALO ALTO MUNICIPAL CODE RELATING
TO THE JURISDICTION OF THE ARCHITECTURAL
REVIEW BOARD AND THE PLANNING COMMISSION
The ordinance was passed for first reading on a unanimous vote.
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Desi aticn of Health Service Area
amt are Coun t,_ C R:1 5:S
Alec Andrus, Social Services Department, indicated that the report
in the Council packet reviewed federal legislation which is currently
being implemented with the intention of strengthening health services
and planning in areas throughout the nation. The issue is whether
the area, which will include Santa Clara County, should focus on
just the county or be some larger area. The County Board of Supervisors
felt that the focus should be on the county; therefore, they would
like Council to review the materials in the report and support the
Supervisors' position. Mt. Andrus said that cite staff recommended Council
indicate its support of the Board of Supervisors pnaition in its
designation of the county as the health services area. Mr. Andrus
noted that Mrs. Ruth Kaiser, Executive Director of the Santa Clara
County Comprehensive Health Planning Agency, was present and would
be pleased to answer any questions.
MOTION: Vice Mayor Henderson moved, seconded by Beahrs, that Council
support the designation of Santa Clara County as a health service
area and that the Mayor be authorized to communicate this support
to the County Board of Supervisors, the Governor, and appropriate
officials of the State Department of Health.
Councilman Co tock asked if it seemed likely that some sort of similar
action would be taken by San Mateo County or by that county in conjunction
with San Francisco County. He was interested in knowing what wars
likely to be the next geographical unit that would fall into one
of these categories in the Bay Area.
Mrs. Kaiser responded that the area was being discussed in every
county throughout the Bay Area, and there is a present nine -county
Comprehensive Health Planning Group. This is proposed to be divided
into the three north bay counties. Mrs. Kaiser explained that one
of the guiding rules of federal legislation is that the area must
be a Standard Metropolitan Statistical Area; and San Mateo, San Francisco,
Marin, Alameda and Contra Costa Counties make up one SKSA. It would
take an action by the Secretary of HEW to split the SMSA. Mrs. Kaiser
noted that Santa Clara County is a separate SMSA, and Sonoma, Sonora,
and Napa are also separate ones. Their Boards of Supervisors have
attempted to form a Joint Powers Agreement.
Councilman Comstock underetood Mrs. Kaiser to be saying that the
primary issue is whether the areas will be determined by SMSA's,
or alternatively, the entire Bay Area, but nothing smaller.
Mrs. Kaiser commented that there was a fairly strong movement to
make the areas somewhat smaller.
Councilman Comstock pointed out that the Palo Alto/Mountain View
area bad a rather considerable concentration of medical facilities;
and he anticipated seeing arise out of that, as related to the entire
SMSA, a decision to funnel future funding to other parts of the county
not as intensively developed with medical facilities. Councilman
Comstock asked if this were a fair assumption or whether there were
things that might take into account the relationship between SMSA's.
Mrs. Kaiser remarked that Stanford was the only Medical School in
the county.
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Councilman Comstock commented that there was the Stanford Medical
School Hospital, the Veterans' Administration Hospital, and El Camino
Hospital. All of those together provided a very powerful concentration
of health delivery services.
Mrs. Kaiser responded that tk+.s was also true in the San Jose area.
Councilman Comstock said his concern was that Patio Alto was right
on the edge of one geographical area; and within a short distance
of each side of the county line, there is a great disparity in the
kind of health delivery services available in the communities. For
instance, Palo Alto was one extreme; and East Palo Alto was another.
Mrs. Kaiser thought it was important to see how the areas could work
together. Certainly it would be necessary to work with Stanford,
which is a regional and national resource. No doubt there would be
Joint Planning Agreements in the areas of special concerns between
the two or three counties involved.
The motion passed on the following vote:
AYES: Beahrs, Comstock, Henderson,
Pearson, Rosenbaum, Sher
ABSTAIN: Berwald
ABSENT: Clay
.iiinta Clara Valley Water District
h tech Hemet. � atet Contracts . :. .: 6:5)
Edward Aghjayan, Director of Utilities, said that the Santa Clara
County Water District has proposed a study to investigate the feasibility
of becoming the master contractor for Retch Hetchy water. Staff's
initial analysis indicated there would be no major advantages, and
perhaps there would be several disadvantages if the County became
the master contractor. Hr. Aghjayan reported that staff's recommendation was
to advise the County that while the city would watch the study with
interest, Palo Alto had no desire to relinquish control of its contract
at this time,
Councilwoman Pearson stated that a few weeks ago, she pointed out
that the Santa Clara County Water District was interested in becoming
the conveyor of water to the northern part of Santa Clara County;
and after serving on the Water Commission, she took a very dim view
of such a plan. Councilwoman Pearson did not want the county to
have any part of setting rates or negotiating any contracts for the
City of Palo Alto, and she thought Mountain View and Stanford might
feel the same way. The San Francisco Water Users Association had
been forged; and it had been very effective in that there had been
Uniform User Contracts since 1960. The group was also defeating
the proposed differential rate that San Francisco tried to rose.
If Palo Alto remains in the Bay Area Water Users Association, it
will be part of a group that represents 922 of the purchasers; whereas,
if the city became part of the Santa Clara County Water District,
it would be part of a group that represented only 33% of the resale
customers. Councilwoman Pearson observed that the gains would be
cone for Palo Alto and quite a number for the Santa Clara County
Water District. Palo Alto would have an annual assessment which,
at the moment, is not determinable. She recommended that Council
be very wary of a Water District empire.
9 9 d
3/10/75
Vice Mayor Henderson felt that the words "while the city will watch
with interest", which were part of the staff's recommendation, were
somewhat misleading; therefore, he would delete those in his motion.
MOTION: Vice Mayor Henderson moved, seconded by Pearson, that Council
authorize the Mayor to inform the District that Pelee Alto has no
desire to relinquish control of its contract for Hetch Hetchy water
to the Water District.
The erotica passed on the following vote:
AYES: Beahrs, Berwald, Comstock,
Henderson, Pearson, Sher,
Rosenbaum
NOES: Clay
Amendment to the Chi ret C retract (CMR: I9': 5)
Mayor Sher explained that the proposed amendment extends, for the
remainder of the fiscal year, child care eligibility to Santa Clara
County residents outside the city, who rare fully subsidized in the
program by county funds. The impact upon the program is minimal,
the full cost is absorbed by the couu,ty, and the time period is brief.
Staff and the Palo Alto Community Child Care organization recommend
that the Mayor be authorized to execute the amendment.
MOTION: Mayor Sher moved, seconded by Comstock, that the Mayor be
authorized to execute the amendment to the City-PACCC contract.
Councilman Berwald asked if this amendment would set a precedent
for the period following the expiration date of the extension so
that the city would continue to provide child care services to people
who live outside the city, and to people who live outside the city
and are also employed outside the city.
Carleen Bedwell, Director of Social and Community Services, stated
that the requirement in the contract between the city and the Child
Care Corporation is that non-residents who work in the city may be
admitted into the program upon the substantial involvement of two
or more majcr. industries. That provision in the contract remains
in force, even with the amendment. Mrs. Bedwell explained that this
amendment makes it clear that those non -city residents living in
the county, whose costs are reimbursed by the county, may be permitted
to participate in the program. Everything waa being done to find
out about county funding for next year, but there is no assurance
that it will be likely. If it is, staff would look very seriously
at the implications of this provision in next year's contract. The
provision is just fer this fiscal year, and staff did not anticipate
automatically accepting it without a great deal of discussion in
the event county funding is available next year.
Councilman Berwald asked if Mrs. Bedwell were saying that it no case
did Palo Alto provide child care, no matter who pays for it, to non-
residents of the city who are not employed in the city. He also
asked if some of the county funds would go to the child care operation
in Palo Alto to provide facilities for non -city residents who work
outside the city.
Mrs. Bedell responded that in the event the amendment is passed,
any president of Santa. Clara County who qualified for the terror of
county funding could be admitted into the programs,
9 9 9
3/10/75
Councilman Berwald asked if he understood correctly that this did
not include a requirement of employment within the city,
Mrs. Bedwell responded affirmatively.
Councilman Berwald noted that the city was waiving the residency
requirement and the industrial participation requirement,
Mayor Sher explained that the county is insisting at thin
where there are some vacancies, county funds allocated to
be used for the purpose of filling the few vacancies; and
resident should be able to make use of the county funds.
not change Council policy.
point that
the program
any county
This does
Councilman Berwald commented that rather than having the money go
back to the county, it would be used for child care.
Mrs. Bedweli said this was correct.
Councilman Berwald asked if after June, a new beginning would be
made; and that no precedent had been set.
Mrs. Bedwell stated this was her assumption, and that was the line
she would take with the county. She added that while it may seen
that Palo Alto was opening the program to everyone throughout the
county, the practical effect was that there are very few vacancies,
Councilan Berwald remarked that as much as he thought of the present
program, he wanted to be sure a precedent was not bein3 set so that
Palo Alto would be taking on the county's burden. Althwgh the county
pays for it, Palo Alto takes on the administration,
Councilman Beahrs observed that it was important to pass the amendment
since, for one thing, it was helpful in carrying the overhead; and
he hoped that Palo Alto's degree of cooperation would precipitate
the continuance of some support from the county.
The motion to amend the contract between the City and PACCC passed
on a unanimous vote.
1975 Census - Contract with Santa Clara Countv (CMR:191:5)
Mayor Sher stated that this item was a proposed contract between
the city and the county covering Palo Alto's participation is the
Census '75 Project.
MOTION: Mayor Sher moved, seconded by Comstock, that the Mayor be
authorized to execute the contract between the City and the County
covering Palo Alto's participation in the Census '75 Project.
Councilman Berwaid explained that he asked this item be removed from
the Consent Calendar because considering the present day fiscal problems,
he did not see that participation in this special census vas necessary.
Council had been told that because of the rapid. growth of the population
of the county, a census needed to be taken; but Palo Alto has not
had that kind of growth. Councilman Berwald thought that all of
the surveys that ha4 been done by the city would probably give fairly
accurate information. Personally, Councilman Berwald would rather
see the appropriated $23,300 spent on jobs, food, or clothing for
people. He asked for some proof from staff that this WA.- .a legitimate
expenditure of public funds as far as Palo Alto was concerned.
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3/10/75
Mr. Knox noted that many people would be employed as enumerators
in the census taking process. One of the main needs for information
in Palo Alto is to keep the Comprehensive Plan up-to-date. This
is a process which will need a continual updating, and one of the
reasons so much money had to be spent for the Comprehensive Plan
was because the city waited ten years before going through a review
and/or writing a new Comprehensive Plan. With a strong data base,
it was hoped that in the future the annual review process could be
gone through in a considerably .less costly way. Another need for
the data was so that the city could apply for Community Development
Block Grant Funds in the next two years. This year, the federal
government accepted the 1970 census data; but they have indicated
that Palo Alto would have to have more up-to-date data in the future.
If there were no 1975 census, the city would have to embark on a
considerably more costly inventory of the community. Mr. Knox pointed
out that there are kinds of information which were changing which
the city did not know about. For example, it was not known how many
people were in the labor force as residents in Palo Alto. The 23,000
figure that has been discussed was a 1970 statistic, obtained by a
mail survey. The proposed survey would be a door-to-door survey
and it would be much more accurate. The city knew there were sixty
thouAand employees in Palo Alto, but it did not know how many people
lived in Palo Alto who were workers; and that needed to be known.
Mr. Knox felt that it was too late for Palo Alto to back out of the
process.
Councilman Berwald asked if all the cities in the county were participating.
Mr. Knox responded affirmatively.
Councilman Berwald noted that Council, had made a lot of important decisions
over the past year based on data that it hoped was accurate. He
pointed out that a lot of the money that comes from Washington does
not get to the people. Much of the money spent by cities was spent
for consultants and surveys, and Councilman Berwold wished there
were some way to keep the surveys updated without making extra expenditures.
Councilman Comstock said that although this would not. be the only
reason to vote for the survey, it was important to note that the
census would provide interim employment for 2,100 sanemployed people.
In addition to the factors mentioned by Mr. Knox, Councilman Comstock
thought there would be some things discovered which might be secondary,
yet be of very -real benefit. A more accurate survey of the mid -decade
census of.the entire county will have a profound effect on funds
that are dispersed to the county, county -wide. These could rauge
all the way from grants for water treatment facilities to funds for
transit purposes. Those kinds of things may be noore important to
the county than what its true measure is of raid --decade population,
If the Transit District got more money, that would enhance Palo Alto's
opportunity to restore some of the service needed in this community,
for instance.
Councilwoman Pearson stated that there was a special census in 1966
in Santa Clara County which cost $207,000 and brought in au additional
eight million dollars to the cities and the county. This 1975 census
is expected to do about the same thing. Although Palo Alto's population
is remaining stable or decreasing, the California Ltplinger Letter
noted that Santa Clara County was one of the three fastest growing
counties in the nation. Councilwoman Pearson pointed out that the
census would be further documentation of the number of renters and
owners of homes in Palo Alto, the tote', nu r of elderly in the
community, the number of children who will need or need child care,
incomes of the households, etc, It was Cpuutilvoa a Pearson's opinion
that an accurate _ count would . b• vary valuable to the city in the
future.
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Councilman Beahrs stated his support of the idea of the census, but
he was disturbed that the county asked the cities to participate
in the funding. He did not think this was an appropriate request
since it was really an obligation of the county to perform this kind
of service. Councilman Beahrs asked Mr. Knox if it were common practice
to have cities participate in what is really a county survey. His
own opinion was that this should be entirely a burden of the county.
Mr. Knox commented that it was not uncommon for this county to bring
the cities together and try to get a cooperative effort that would
be more efficient and cost less than if each city pursued some program
on its own. He said Palo Alto would not be able to take a census
of the city for $23,300. Mr. Knox added that only twelve percent
of the county's dwelling units were in the unincorporated areas.
The cities have most of the housing units, so an argument could be
made that the cities should be paying much more of the cost.
Councilman Beahrs asked what would have
cities had refused to participate. If,
skipped those towns, that would destroy
survey.
happened if four or five
in that case, the county
the integrity of the entire
Mr. Knox reported that shortly after Council took action on this
matter, staff found that Sunnyvale and Santa Clara did not plan to
participate. Subsequently the Board of Supervisors convinced those
cities of the merits of the survey; and those two cities agreed to
share in the survey. Therefore, all of the cities in the county
are participating.
Councilman Beahrs said he would support the idea, but he thought
it was poor policy on the part of the county.
Vice Mayor Henderson wanted it to be understood that the county was
paying half of the cost of the census. When this matter first came
up for discussion, Vice Mayor Henderson became convinced that it
would be worthwhile when staff reported that the city would receive
far more than $23,000 in additional funds through the various state
programs because of the new census. It was a self-liquidating situation,
and Vice Mayor Henderson supported it.
The motion paused on a unanimous vote.
me stet Urban Insect Control Prvgrale CMR:176:5)
Mayor Sher explained that this was an urban control program for shade
tree insects that would be developed and implemented during the next
year. The long range goals of the proposed program are to reduce
or eliminate the use of chemical insecticides in controlling insect
problems, and to reduce the costs of the city's insect control pragrsl.
Total progrsm costs for the first year are estimated to be $7,040.
$4,000 from the City Manager's Contingency Fund will be used to supplement
the $3,000 already included in the 1974-75 Parks Division Budget
to fund the program for the corning year. A contract for services
with the Division of Biologics]. Control, Univern.ty of California
at Berkeley, had been prepared for consideration and approval by
Council. Also available were a letter of endorsement from the Community
Peat Control Committee and an Environmental Impact Assessment of
the project.
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3/10/75
MOTION: Meyer Sher moved, seconded by Henderson, that Council approve
the contract for services with the Division of Biological Control
at the University of California, Berkeley, and that Council make
a negative environmental impact declaration.
Councilman Berwald said he had suggested removing this item from
the Consent Calendar because it was an item of considerable expenditure,
and he would continue to request removal for the next two or three
weeks for any like items. If Council approved $14,000 of expenditures
without discussion every Monday night throughout the year, end if
there were forty meetings, the budget would be increased by $560,000.
Councilman Berwald said he had taken time to ask some people in the
Brea of biological control and pest control about this matter, and
he found this subject was not as simple as it spunds, He understood
that the approach taken by the Division of Biological Control at
University of California, Berkeley, was not accepted by everyone;
and it was a controversial iseue. Councilman 3erwald stated that
he would vote for this program, but he did not think that such a
subject as this should be on a Consent Calendar. Perhaps it would
have been well if it had been given a good deal more advance consideration
at the Policy and Procedures Committee level, even though there is
a citizens' committee involved. This was particularly true since
the program would probably be an ongoing one. The staff letter indicated
that the costs and results over the next several years were unknown.
!ten 4) on page two of the staff report entitled, "Introduction of
Beneficial Insects Where Suitable", caused some concern to Councilman
Berwald as a layman. He asked staff if there were any state board
that has jurisdiction offer the introduction of beneficial insects
into as area, or if thie aspect would be done on the basis of a recommenda-
tion from the cot?sultant.
Mr. Pawloski responded that the beneficial predators that would come
from another country would be quarantined, and that is under the
control of the state.
Councilman Berwald asked if the Divi,lon of Biological Control were
a private offshoot of the University or actually an official part
of the University of California.
Mr. Pawloski replied that it was an official part of the University.
Vice Mayor Henderson commented that in staff's August 8th 1974 memorandum,
it was stated that the coat of this work would be ahared by the School
District. and Stanford; and he saw no mention of that possibility
in the March 6th memorandum.
Mr. Pawloski explained that whru the discusaioaa about this program
began, the Palo Alto Unified School District and Stanford planned
to participate. For one reason or another, they had not come to
grips with the problem; and if anything is to be done this season,
it has to be done immediately or an entire year would be lost. It
was otaff' s intent, from this point on, to try to get the assistance
of the other twu agencies.
Vice Mayor Henderson assumed that the "one reason or another" would
be that they did not want to spend the money. However, Vice Mayor
Henderson expraased pleasure at seeing this matter comae to fruit:Lon.
He had placed it on the agenda in June, 1974, after receiving a great.
deal of information and having a number of discussions with Pail.
Growald and support from Joyce Leonard of the Community Pest Control
Committee. He asked his colleague' to support the program.
1 0 0 3
3/10/75
Councilman Beahrs asked if the city were supporting a specialized
research project with the University of California or if it were
asking for pest control. He expressed the fear that this would be
an experiment at the taxpayers' expense.
Mr. Pawloski remarked that although there is much knowledge to be
acquired, this really was not a research and development project.
However, he felt it was necessary to understand that the problem
would not be totally eradicated. It was Mr. Pawloski's understanding
that there were about 123 documented cases of predator insects being
used for control.
Councilman Beahrs said that part of his concern was due to the fact
that last fall, the National Environmental Protection Agency had
to relent and permit the use of DDT in the northwest to preserve
the forests. To him, this proved that some of these great ideas
just do not work,
Councilman Comstock commented that the last part of the contract
indicates what information is required to be provided to the city,
and that information logically flows from the conduct of the program
described in earlier portions of the contract and in the staff report.
He thought the city was being realistic in not stating that the University
would be: obliged to guarantee that the trees would be full of praying
mantises, and the problems would go away forever; but rather that
a logical series of steps would be taken to maximize this approach
to insect control. Councilman Comstock regretted that the other
two agencies had not seen fit to share in the fueding; and he hoped
that staff, through appropriate liaison ct*G.naets, would pursue quite
vigorously a request for participation because this program would
be just as beneficial to those agencies as it would be to the city.
Councilman Comstock observed that Council was not being asked to
amend the budget, since the money was already there. Council was
being asked to approve an agreement because of the dollar level of
it, but it was not being asked to vote new funds. If the City Manager
had come up with a smaller amount for the contract, he would have
signed it; and Council would never have heard about it. That needed
to be kept in mind, and Councilman Comstock assumed that was one
of the reasons why the City Manager had this item placed on the Consent
Calendar.
The motion passed on the follcwing vote:
AYES: Berwald, Clay, Comstock,
Henderson, Pearson, Sher,
Rosenbaum
NOES: Beahrs
Water Quality Control Plant ( ;649:4)
Mayor Sher explained that the Palo Alto Regional Water Control Plant
has been in operation for a period of about two years. Now that
the treatment plant is operating in a stable fashion in meeting water
quality objectives, there is a need to examine the plant components
to determine whether they are operating in an optimum way to obtain
the required performance in the most cost effective manner. The
solids handling system is one of the most costly parts of the treatment
plant to operate, representing nearly fifty percent of operating
costs; and is also one of the most complex because of the newer
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of interdependent components. The purpose of this proposal is to
implement Phase II of a two-part study of Water Quality Control Plant
operations and to further examine the various components of the solids
handling system to determine whether there are changes in operation
which can be made to awake the overall solids handling system more
cost effective. Mayor Sher noted that the proposal was for a contract
between the city and Stanford University which will perform the work
for a fee not to exceed $7,000.
MOTION: Mayor Sher moved, seconded by Comstock, that Council approve
the contract with Stanford University and that the Mayor be authorized
to sign it.
Vice Mayor Henderson pointed out that this was a study to be conducted
as a thesis investigation, and he wondered what the 57,000 covered
and who received the money.
Ronald Doty, Water Quality Department, responded that Stanford Uuiversity's
practice was to take the contract under their own contract administration
end pay a salary to the investigator.
Vice Mayor Henderson asked if the student involved was being paid
to do his thesis.
Mr. Doty replied that the student was receiving support.
Councilman Berwald said he was wondering, if a graduate student in
envieonmental engineering could do this, why it could not be done
by one of the members of staff. It seemed to Councilman Betwa1d
that some staff member could use the guidance of Dr. McCarty and
the laboratory facilities of the University.
Mr. Sipel responded that the city did not have a staff member who
had the status of doctoral students or that level of education in
the city organization.
Councilman Berwald asked if it were possible, in view of the fact
that there is now a very complex regional Water Quality Control Plant
encompassing four or five jurisdictions, that the city should be
considering hiring someone with a Master's Degree in Environmental
Engineering.
Mr. Sipel commented that the city hod no one who could do this particular
kind of work, but it did have people who could run the plant.
Councilman Rosenbaum thought it was possible that the,city was getting
a real bargain. The people who were probably unhappy were those at
Systems Control, who did the first part of the study; and they are
obviously not going to do the second part. If they were going to
do this phase of the study, it would coat three or four times as
much as the contract with Stanford.
The motion passed on a urmnimous vote.
Councilman Comstock said that the staff report on this subject provided
some clarification of proposed Senate Bill 417. Along with that
report in the packet was a. memorandum Councilman Comstock wrote prior
1 0 0 5
3/10/75
to receiving the staff report. Since writing hie memorandum, Councilman
Comstock had spoken to Senator Gregorio and his legislature assistant.
They seemed -to agree with the conclusions in the memorandum, particularly
in regard to the references to the Streets and Highway Code Sections
and what this might imply in terms of the alternative proposal.
Councilman Comstock told Senator Gregorio some of the points Council
was concerned about; for example, possible veto on approaches, the
Belle Haven access, storm drains, etc. Councilman Comstock recalled
that the storm drains were offered subsequent to the enactment of
the first bill proposing the original bridge. Some facets needed
to be spoken to in addition to those mentioned in Councilman Comstock's
motion in the meaior,anduM, and so he would expand the motion.
MOTION: Councilman Comstock moved, seconded by Henderson, that the
Mayor be authorized to write a letter endorsing Senate Bill No. 417
to Governor Brown, Senator Gregorio, Assemblymen Arnett and Ca1vo,
the Metropolitan Transit Commiasion, BCDC, U. S. Coast Guard, and
the City Councils of Menlo Park, Atherton and Bast Palo Alto, and
that staff be directed to work with Senator Gregorio or his office
to draft amendments to the bill which may be found necessary to clearly
authorize the approach roads contemplated by the "Stephens Alternative"
and to give to the City of Palo Alto, as a minimum, the power to
approve such approach roads.
Vice Mayor Henderson expressed some hesitancy because he thought
pez:hape Council should -set as a condition of endorsement of the bill,
the suggested changes actually being made. He had also spoken to
Senator Gregorio's office and thought the changes would be forthcoming;
therefore, he considered Councilman Comstock's motion to be in order.
Vice Mayor Henderson commented that an initiative petition Tees presently
being circulated in Menlo Park to put support of the Alternative
Plan on the ballot in June. Also, there has been indication from
the Coast Guard that they will probably be delaying their decision
on the Environmental Fact Statement for up to six months since
they need to look into several aspects of it which they feel are
deficient. Vice Mayor Henderson asked his colleagues to support
the motion.
Mayor Sher asked if the amendments would relate solely to the approach
roads and not to the other aspects of the Stephens Alternative.
Councilman Comstock said that the bili5 as drafted, makes rto reference
to sstora .drains; and there should be no misunderstanding about that.
The bill is less clear about approach roads; but given the nature
of the wording of the Streets and Highway Code, the bill does not
seem to either approve or prohibit them.
Igor Sher understood Councilman Comstock to be saying that the bill
was adequate as limited to the bridge safety factors as long as the
approach road aspect was clarified, and the storm drain question
should be solved some other way.
Councilman Comstock explained that he saw the usual legislative process
emerging, which means the bill will be assigned to Committee and
reviewed. Some of those questions would then be raised, and the
feeling from Senator Cregorio's office was that even this approach
was a sign.ifica►nt adjustment to the existing legislation. So it
was important that the bill bse assigned tee Committee, which would
lead to a hearing. Councilman Comstock felt there would be hearings
scheduled send that there- would be other opportunities for input.
It was his expectation that Council would be kept informed as to
what was going on.
1006
3/10/75
Mayor Sher asked if Councilman Comstock would have any objection
to having the motion also say that Council wanted the amendment to
include all the features of the Stephens Alternative.
Councilman Comstock thought perhaps Council could say that it would
work with Senator Gregorio's office on these kinds of questions,
but he would rephraee the Teat part of his motion.
MOTION RESTATED: Councilman Comstock moved, seconded by Henderson,
that the Mayor be authorized to write a letter endorsing Senate Bill
No. 417 to Governor Brown, Senator Gregorio, Assemblymen Arnett and
Calvo, the Metropolitan Transit Commission, BCDC, U. S. Coast Guard,
and the City Councils of Menlo Park, Atherton and East Palo Alto,
and that staff be directed to word: with Senator Gregorio or his office
to draft amendments to the bill which may be found necessary to clearly
authorize the approach roads, connecting roads, and storm drains
contemplated by the "Stephens Alternative" and to give to the City
of Palo Alto, at a minimum, the power to a.ppreve such approach roads.
Vice Mayor Henderson indicated a desire to be somewhat stronger in
the statement than this.
SUBSTITUTE MOTION: Vice Mayor Henderson moved, seconded by Pearson,
that the Mayor send a letter endorsing Senate Bill 417 with changes
that would authorize the California Toll Bridge Authority to use
funds in the Revenue Fund of the San Francisco/Oakland Bay Bridge
and issue revenue bonds to finance the improvement of the existing
Dumbarton Bridge and approaches thereto, to finance new approach
roads and to finance stores drainage and other improvements included
in the alternative "Stephens Plan". This letter should be sent to
Governor Brown, Senator Gregorio, Assemblymen Arnett and salvo, the
Metropolitan Transit Commission, BCDC, U. S. Coaat Guard, and the
City Councils of Menlo Park, Atherton aed East Palo Alto.
Mayor Sher asked Vice Mayor Henderson how his motion differed from
the one offered by Councilman Comstock.
Vice Mayor Henderson considered that his notion said Council endorsed
the bill if the changes were made, rather than asking staff to work
with Senator Gregorio's office to try to make changes.
Councilman Beahre stated that he considered the whole proposition
to be very poor economy.
Councilmen Berwald knew there was no intention to discuss this subject
at the forthcoming meeting with East Palo Alto, but he preferred
that this kind of unilateral action not be taken until after the
meeting. Also, Councilman Berwald agreed with Councilman Beaters
that this matter was one of poor economy. In his opinion, the Stephens
design was a poor one in that it did not provide for a bridge that
would be a modern transportation corridor. Councilman 5erwald thought
suginssring studies might maks the faces of some of the legislators
in Sacramento just a little red if they move precipitously in endorsing
the alternative.
Mayor Sher remarked that the letter from A. Alan Post, Legislative
Analyst, noted that it would be poor economy to put seventy million
dollars into a new bridge. When the letter was written on February
7, 1975, the figure vas seventy million; but the figure has now advanced
to ninety-three million dollars or more. Therefore, there were two
views of what is poor economy.
1
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Councilman Berwald explained that he was not saying that the proposed
bridge was good or poor economy, but he was saying that the Stephens
Alternative ism poor economy,
Councilman Comstock went away from his conversation with Senator
Gregorio with the distinct impression that while the Senator was
not at all unsympathetic to the additional features, he felt the
important thing at the outset was to get as much support for SE 417
as it was written. The difference between the two motions was that
Vice Mayor Henderson` s motion makes the support conditional. Councilman
Comstock's own feeling was that there would be eventual success,
but the first few steps would be the hardest; and he would be very
uncomfortable about voting for the substitute motion.
Vice Mayor Henderson said his discomfort stemmed from all the months
of discussion with the other cities and the possible backing away
from the whole package. He did not feel his motion would be pushing
too hard and that Council was justified in holding its position.
No one was saying -- not even the Toll Bridge Authority r that what.
was proposed by the Stephens Plan would be less than an acceptable
structure.
The substitute motion failed on the following vote:
AYES: Henderson, Pearson, Sher,
Rosenbaum
NOES: Beahrs, Berwad, Clay,
Comstock
The Comstock motion as restated passed on the following vote:
AYES: Comstock, Henderson, Pearson,
Rosenbaum, Sher
NOES: Beahrs, Berwald, Clay
Councilman Beahrs requested that the vote be recorded in all of the
communications, and the Mayor so directed the staff.
Request of Councilwoman Pearson re
i"a11 rhnrais in town oeen ?a! 1r `g
Councilwoman Pearson explained that Mr. and Mrs. Herbert Bell of
Bell's Book Store had suggested that wall murals be painted on available
walls in downtown Palo Alto. Aa she discussed this idea with them,
they all agrer4 that this would be something exciting to do in relation
to bicenteuni..t celebrations. Councilwoman Pearson's idea was to
have a contest and give artists the opportunity to submit proposals
of art work that would, hopefully, be contributions to the bicentennial
celebration.
MOTION: Councilwoman Pearson moved, seconded by Comatock, that Council
endorse the idea of wall murals and request that Allan Longacre,
Director of the Arts Department, develop a proposal of implementation
to sulit to Council for consideration.
Councilman Reahra *aid he would oppose such an idea if it were to
include any murals that were of the caliber of those at Jordan Junior
High School, and he would be reasonably disposed to go along with
the suggee:rion if the art work would be similar to the quality of
the panel at the back of the Council Chambers.
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Councilwoman Pearson did not think the decision should be left to
Council because there would be nine different opinions as to what
would be tasteful, and her own opinions did not agree with those
expressed by Councilman Beahrs.
Councilman Comstock stated he would support the motion in large port
because of the good luck that had been experienced with the mural
on the board fence sround a vacant lot on University Avenue. That
mural has been there for a long time without having suffered any
vandalism, and it was a charming addition to an otherwise rather drab
vacant lot. Councilman Comstock felt that some sort of competition
would bring forth very fine ideas that were available in the community,
Mr. Longacre said the arts community had been very concerted about
the lack of art in public areas for quite some time. The Arta Forum
has stated that it thinks/ much needs to be done, and the new Standing
Committee has a subcommittee that is currently looking at the need
for art in public places. Mr. Longacre pointed out that the bicentennial
is a method of funding, in some cases, through the National Endowment
for the Arts. He noted that there would be logistical, and perhaps
legal, problems that would be faced along the way, and Hr. Longacre
felt the staff needed thirty to sixty days to look at the whole situation
and make a report to Council.
Mayor She remarked that a vote for this motion would not be an irrevocable
commitment but was direc.ttion to Staff: to report back to Council ell
the subject.
The motion passed on the following vote:
AYES: Comstock, Henderson, Pearson,
Rosenbaum, Sher
NOES: Beahrs
(Councilmen Berwaald and Clay left the meeting at [1:00 p,ua.)
west of Councilwoman Pearson for a
Status Report on A irmative Action Pro
Councilwoman Pearson stated that a recent article in The Grapevine
was inconsistent with comments made in an article in the Palo Alto
Times, and she felt that an earp? enat fast _ was needed. Also, the Affirmative
Action Program was supposed to generate quarterly reports regarding
the effectiveness of the program end one quarterly report was missing.
Councilwoman Pearson said she would like to see a written report
from the City Manager on the status of the Affirmative Action Program,
the prior report that Council did not receive, and the one that was
soon due. It was her desire to have acme comments regarding the
implementation of the Affirmative Action Program and what progreee
was being eaade,
MOTION: Councilwoman Pearson moved, seconded by Henderson, that
the City Manager prepare a status report regarding the implementation
of the Affirmative Action Program, the report to include the past
quarterly report not received, plus the upcoming quarterly report,
and that the report address inconsistencies made by two staff members
in regard to the Program.
Mr. Sipel reported that the inconsistencies were brought to staff's
attention in late February, and staff responded by letter to Mrs. .
Abby Powers, Co -President of NOW. The letter sent to lira. Powers
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was in the Council packet two weeke ago, and sir. Sipel quoted from
that letter: "in a letter to the City Council dated February 26th,
you inquired concerning an apparent inconsistency in statements reported
in the press concerning Affirmative Action. My statements related
to the sex discrimination charges filed by the Service Employees'
International Union in January regarding the city's pay practices.
The reference to a good job of Affirmative Action related to the
city's establishing as a goal 37% woven in the city work force by
1980 and was totally related to the sex discrimination charge, which
was the only thing discussed in that particular article". That letter
had been written by Jay Rounds, Director of Personnel. Charles Walker's
statement in the other news article was made following the release
of the second quarterly Affirmative Action Report in February in
reference to reaction toward Affirmative Action goal achievement
during the second quarter of the program. Therefore, the second
article was talking about a similar subject but a different aspect
of it. The remarks were intended to be a very candid statement as
to where staff felt itwas on Affirmative Action in general at that
particular time. Mr. Sipel did not think there was anything more
that he could add to the above statement. As far as the quarterly
reports were concerned, the first quarterly report was not in a form
that Council could underatand; and Mr. Sipel did not think it would
serge any useful purpose to have it sent to members of Council.
The second quarterly report, which cane out about a month ago, is
in a form that is understandable; and Mr. Sipel said he would be
pleased to send it to Council. The third quarterly report will be
out approximately the first of April, and it will be better in terms
of format. Mr. Sipel thought that report would indicate to Council
in a substantive way that some very real progress had been made in
Affirmative Action,
Mayor Sher asked Mr. Sipel if he considered the quarterly reports
to be status reports,
Mr, Sipel respoLdec! that the quarterly reports wc-.eld represent status,
and he hoped that along with the quarterly report - or shortly thereafter,
ehere would be sane communication from the Citizens' Committee as
well. He added that Council was receiving on a regular basis the
minutes of the Citizens' Committee meetings.
Mayor Sher proposed that the motion be split into three parts: 1)
a status report, 2) the past and upcoming quarterly reports, 3) an
explanation of the inconsistencies in the two articles in the press.
Councilwoman Pearson hoped that whatever report cane out would tell
Council whether or not the city is falling back in its plan to get
more women and minorities into the city organizations. Any reports
that are considered to be inadequate should be explained as to why
that is the case and whether the inadequacies have been corrected.
Councilwoman Pearson saw no reason why the emotion should not be passed
as stated since Council would want a status report, the quarterly
reports, and a copy of the letter sent to Abby Powers.
I�ac. Sipel explained that the quarterly report is the status report,
and it would have statistics as well as material explaining where
the city stood in relationship to its goals.
Councilwomen Pearson suggested that perhaps she was asking for something
that would come out of the Affirmative Action Committee. Perhaps
a report could be received from them to find out whether they are
satisfied with what they see in the, quarterly reports.
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Mr. Sipel responded that that was no problem, and he c,eiterated that
he hoped the Committee would make some comments to Council when the
next quarterly report had been prepared.
Mayor Sher commented that he was splitting the notion bece nse in
his opinion, the status report and the quarterly report are the same
thing; and the explanation of the inconsistencies was taken care
of in the letter to Mrs. Powers, which had been included in last
week's Council packet.
Councilwoman. Pearson said she was asking for information as to how
staff was going about implementing the Affirmative Action Program.
She had a strong feeling that perhaps the city was slipping backwards
in its Affirmative Action goaia, and she would like to know if there
are reasons why.
Mr: Sigel offered to prepare a separate report if there were any
questions that were not answered in the next quarterly report.
The first part of the motion requesting the City Manager to prepare
a status report failed on the following vote:
AYES: Comstock, Pearson
NOES: Beahrs, Henderson,
Rosenbaum, Sher
Ibc second part of the motion relating to the quarterly reports passed
on the following vote:
AYES: Comstock, Henderson, Pearson,
Rosenbaum, Sher
NOES: Beahrs
Mayor Sh$r said the third part of the motion dealt with the inconsistencies
in the two news articlee.
SUBSTITUTE I YUON: Vice Mayor Henderson moved, seconded by Comstock,
that the otter of the inconsistencies be taken care of by attaching
to the quarterly report the letter explaining the inconsistencies.
The substitute motion passed on the following vote:
DYES: Comstock, Henderson,
Pearson, Rosenbaum
NOBS: Beahrs, Sher
Re • ueet of Co ,, c
r en
._- y ,
ae sea is Citizen Utilit Bi
Councilwoman Pearson reported Cut she received a letter from Mrs.
Bernice Bertelsmann regarding the fact that the rate increase for
gas was supposed to have gone into effect on January 1. Actually,
some citizens had their razes increased earlier because of reading
detes5 _and in ?Le. Bartel n'ss hale, she was charged the higher
rate ai of December 13, 1974 This was not a fair situation; and
Councilwoman Pearson said she had bean under the illusion that if
the effective date of an increase is January 1st, that would be the
first day that customers would be charged the higher rate. Councilwoman
.Pearson Wes b.Onning to . understand that -.the stations said the effective
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increase would take place on the next billing date, and that gives a
great number of customers extra billing prior to the effective date.
She asked if this was the way increases had been handled through the
years; and if so, she would .Like to have it changed.
Mr. Sipel rr.eponded that the present policy has been in effect for
the past couple of years. One of the reasons for the policy was
to prevent the city from losing money. Another reason was the inability
of the computer program to prorate. Before the next increase, the
cornp:iter will be able to prorate to the exact date when the rate
is changed. Therefore, the objection that exists icz this particular
case will be removed.
Councilwoman Pearson asked if she understood that in the future the
rate changes would not go beyond the actual effective increase date.
Mr. Sipel said this was correct, and staff anticipated that the next
increase would probably take place in April. Presently, a change
was being worked on in the computer program that will allow prorating.
If the computer program is not ready by April, staff would make certain
that the increase date would be set far enough in the future so that
no one would be charged anything extra. The city would make no money
in that case, and it would probably lose some.
Councilwoman Pearson said that another problem was that Mrs. Bertelsmann
thought the charges were excessive, and perhaps it would be a good
idea to check whether or not the gas meter was defective.
Mr. Sipel responded that checking meters was a normal part of the
procedure followed after a complaint had been received. If that
had not been done in this case, it would be done.
Councilwoman Pearson assumed there was no way the cuatc>,rer could
be compensated for the over -charge.
Mr. Sipel said this was correct because there were many customers
who were in the same situation. He added that it would be a chaotic
situation to try to return a few dollars to several thousand people.
Cot:ncilwoinan Pearson remarked that this had been doue in the past.
Fir. Sipe' explained that the rebates in the past were made to almost
all customers, and they were very substantial ones as a result of
soma rate cases that were reversed by the Court.
Councilwoman Pearson asked Mr. Sipel if it would be impossible to
figure out who got overcharged so they could receive a refund.
Mx. Sipel replied that it would not be impassible, but there would
be a high cost involved to carry out such a plan - perhaps six to
ten tie what the charges were. I,:: would take a lot of time to carry
out such an idea, and Mr. Sipel would not know how far back to go
since this has been the policy for several years,
Councilwoman Pearson thought it was too bad that such a situation
ever occurred and that it had not been discovered immediately. She
thought Mrs. Bertelsmann deserved a response from staff that would
point out that the billing date meant the increase would go back
to December 13 in her case, and that there was no recourse at this
moment. Also, the meter should be checked out to be sure it was
not defective.
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3/10/75
Vice Mayer Henderson assumed that if the computer is not able to
prorate by the time another increase occurred, the city would move
the billing date forward to more closely tie its with the actual rate
increase from the wholesaler.
Councilman Beahrs stated he appreciated the fact that this was a
political year, but he thought this was an administrative matter
which should not hove been agendized.
Councilman Rosenbaum said he felt some kinship with Mrs. Bertels'*ann
because he also saved old utility bills, and that was how he happened
to come up with the change that Council made with respect to extra
long billing periods. What staff hale done was to set the change
in the billing cycle fifteen days after the rate increase, so that
roughly half of the people in the community come out ahead a little
and the other half pays a little more. There are obvious inequities,
and Councilman Rosenbaum hoped that the computer would be able to
prorate future increases.
Councilwoman Pearson reapotaded to Councilman Beahre that every year
is a political year once you get elected, because it is necessary
to keep your constituents knowing where you are. When a person in
the community ie ipset and demands that she be heard by her City
Council, the East any Council member could do was to put the item
on the agenda. Perhaps MX9. BerteIsmaon would call Councilman Beahra
if she had a problem in the future.
Councilwoman Pearson said she had received a letter from Art Coan,
General Manager of Harold's Club in Palo Alto, complaining about
the fact that the Cameo Club is able to stay open twenty-four hours
because it is located within the county. She recalled that Council
had asked the county to require that the Cameo Club close at 2:00
assn. because it was in the sphere of influence of Palo Alto, and
that area was about to be annexed. The Board of Supervisors voted
down the request.
Art Coan, General Manager, Harold's Club, 3901 El Camino Real, stated
that he was not present to ask that his own club be permitted to
be open for twenty-four hours a day. However, under the present
condition*, the customers all leave Harold's Club at 2:00 a.m. and
go to the Cameo Club; and Mr. Conn would like his business to be
on an equal footing with the Cameo Club.
Councilman Comstock waked Councilwoman Pearson if it might not be
worth taking this matter to the county again, because there were
some new members on the Board of Supervisors since the last request
had been wade. This Board slight be more responsive, particularly
since it knows? that Palo Alto is working on the annexation of Barron
Park. Councilman Comstock understood Mr. Ccan's concern; on the
other hand, people in the unincorporated area who were operating
card room are presenting a problem to Palo Alto in its sphere of
influence.
Councilwoman Pearson asked the City Attorney if it would be appropriate
to grant any exceptions to the ordinance. Algol, she agreed that
Council should contact the County Supervisor* and point out that
they have created a hardship for businesses that are located in
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3/10/75
Palo Alto and next to the county area that is about to be annexed.
A plea could be made to thew that the exception be placed in the
county area and require that the Cameo Club close at 2:00 a.m.
Hr. Bocch responded that the ordinance regulating card rooms did
net provide for short or long-term exceptions. The only way the
Council could provide for that would be to amend the ordinance across-
the-board and remove the 2:00 a.m. closing requirement. With regard
to the county, Mr. Booth thought it would be a1l right to try again;
but the matter was thoroughly discussed with them when this particular
card room went in, and at that time there were not enough votes on the
Board of Superviecrd to require -;losing at 2:00 a.m.
MOTION: Councilwoman Pearson moved, seconded by Beahra, that the
Mayor write to the Board of Supervisors urging them to require that
the Cameo Club, and any other card clubs within the sphere of influence
of Palo Alto, be required to close at 2:00 a.m., and that this be
considered am urgency measure because it is creating hardships.
Vice Mayor Henderson agreed that with two changes on the Board of
Supervisors and a new problem, the city should ask for this requirement
with regard to the Cameo Club.
The motion passed on e unanimous vote.
Oral Communicetians
1. Gerry McQueen, 275 Ventura Avenue, expressed concern
about the parking problem near the El Rancho Motel
and Harold's Club.
Harrison Otis, 909 North California Avenue, stated
that he had considered running for Council, but
decided he could do more for the community by working
directly with the constituents.
I 24* Cancelled
MOTION: Mayor Sher moved, seconded by Comstock, that the regular
Corrected Council meeting of March 24th be cancelled, and that a special special
See Pg. 1059 meeting be held on March 31st (fifth Monday).
The motion passed on a unanimous vote.
•ecial Meat on March 13th
ammesseskor
MOTION: Mayor Sher moved, seconded by Henderson, that Council meet
in a special meeting with the East Palo Alto Municipal Council on
Thursday, March 13th at 7:30 p.m. at the Downtown Library.
The motion passed or: a unanimous vote.
Ad tpurnment
The meeting of ?larch 10th, 1975, adjourned at 11:40 p.m.
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