HomeMy WebLinkAbout05191975Regular Meeting
May 19, 1975
ITfli
Minutes of April 21, 1975
Oral Communications
Consent Calendar - Action Items
PAGE
1 2 5 B
1 2 5 8
1 2 5 9
Ordinance re Primer for Prospective Purchasers of Community
Housing 1 2 5 9
Ordinance re Groundwater Recharge System in Byxbee Park and
the Baylands
1 2 5 9
Ordinance re Bicycle/Pedestrian Bridge and Pathway in Timothy
Hopkins Creekside Park 1 2 5 9
Planning Commission Recommendation re Adding "D" Site and
Design Control District Regulations to P -F and C -3-S Properties
Easterly of Bayshcre Freeway 1 2 5 9
395 Page Mill Road, Zone District M -2-S, Application of Hewlett-
Packard for Reversion to Acreage 1 2 6 0
1045-1095 Yale Street, Tract 5587, Application of Paul Kaniss for
Final Condominium Subdivision Hap 1 2 6 0
1701 Montebello Road, Zone District O -S, Application of Jon A.
Erickton for Site end Design Control Approval of an Automatic
Radio Communications Facility 1 2 6 0
1974-75 Street Resurfacing Phase 2: Award of Construction
Contract
Consent Calendar - Referral Items
Palo Alto Housing Corporation - Renewal of Contract for
Fiscal Year 1975-76 at Increased Contract Amount
Webster Site: Issues Involved in Development and Palo Alto
Housing Corporation Recommendations
1 2 6 0
1261
1 2 6 1
1261
Canvass of Results of General Municipal Election Held Nay 13, 1975 1 2 6 1
Property Maintenance Standards 1 2 6 2
Recommendation of the Policy and Procedvvee Committee regarding
Santa Clara County Transportation Improvement Program 1 2 6 4
2450 East Bayshore Road, Change of District from L -M --D to P -C
(Restaurant) Application of Banco Restaurants
1 2 7 1
Willor toad Environmental Impact Report: Award of consultant
t ewstraet 1 2 7 4
YL
1 2 5 6
5/19/75
ITEM (Continued)
Burglary Reduceion: Prevention by Prediction - Grant Proposal
Mitchell Park Community Center Carpet: Award of Contract
City Design Awards Program
Lytton Plsza
Request of Councilwoman Pearson re Regulation of Tree Chippers
and Leaf Blowers 1 2 8 6
Request of Councilman Comstock for Council Direction to PACDAB
Concerning the Pamphlet "Uncle Sam the Pusher Man" 1 2 8 8
Request of Councilman Comstock for Council Opposition to Assess-
ment Freeze 1 2 8 9
Request of CouneAman Berwald re Uniform Enforcement of Gee Permit
Conditions 1 2 9 1
Suggestions of Councilman Berwald re Communication on Crime in
Palo Alto 1 2 9 2
Request of Councilman Berwald re Trucks on Charleston Avenue 1 2 9 3
Request of Councilman Berwald re Silva Avenue/Silva Court Annex-
ation 1 2 9 3
Oral Communications 1 2 9 3
Request to Cancel the Council Meeting of May 27th 1 2 9 4
Adjournment 1 2 9 4
1 2 5 7
5/19/75
PAGE
1 2 7 6
1 2 8 2
1 2 8 2
1 2 8 3
Mt.,' 19, 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, Comstock
Clay (arrived 7:30 p.r:.),
Henderson, Pearson, Sher
Norton (arrived 7:35 p.m.),
Rosenbaum.
Minutes of April 21. 1975
Councilwoman Pearson requested that the last ten lines of t`.c,first
paragraph on page 1165 be deleted. These lines were part of a letter
from James C. Sater as read by Hawley Smith. Councilwoman Pearson noted
that at that point in the letter the remarks become personal, and
she did not bunk they belonged in the minutes. The comments were
insulting, rude, slanderous, and totally untrue. In her ten years
on the Council, Councilwoman Pearson had never made personal remarks
about anyone making a presentation before the Council; but she had
always vigorously stated her position either for or against a particular
project. The public deserves to know the positions of their public
officials and their reasonings for them. She said that in the hundreds
of instances when she had criticisms of projects, the criticisms had been
valid and constructive; and because of her forthrightness, she thought
Palo Alto had gotten better developments out of those developers
who `ad the good sense to cooperate with the city. Councilwoman Pearson
said she did not regret one criticism she made of Mr, Sitter's project.
She did regret, however, that he chose not to cooperate with the
city and went to the county for approval of his project. These are
the kinds of tactics some developers take that make a bad name for
the good developers.
MOTION: Vice Mayor Henderson moved, seconded by Rosenbaum, that
the minutes of April 21, 1975, be approved as corrected.
The motion passed an a unanimous vote.
Oral Cosduaicationa
1. Hal Lesser spoke in support of The Collective
and PACDAB. He suggested that the grogram
could be judged solely on meeting the require-
ments of its contract and that the members of
The Collective had the right to pursue whatever
political course they chose. Mr. Lesser stated
that it is the law that political beliefs in
terms of a contrast are not germane unless it
could be shown beyond question that the object
of the contract could not be carried out by the
proposed contractor.
2. Richard Amoroso, Stanford Avenue, vas not
completely happy with the trey -the balloting
�.....�,� ,__b._-____.. .
� �* pap � xcuaaz pracisiaz; -sad - he
123$
3/19/73
did not appreciate having the burden of even
the slightest suspicions, especially in an
election as close as this one had been. He
suggested that ballot boxes be placed a minimum
of fifteen feet from voter personnel.
Councilman Berwald asked for the location of the
polling place where Mr. Amoroso had voted.
Mr. Amoroso responded that it was on Fulton Street.
C'rnitrvr ('s l �n t r - dr.inn T tsr�Q __
Mayor Sher asked if Council were ready to vote on the items on the
Consent Calendar.
ce Pr r for Pros ective
P urc sera o 4,1migams :280:5)
ORDINANCE NO. 2852 entitled "ORDINANCE
OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 16.38.060(f)(2) OF THE
PALO ALTO MUNICIPAL CODE RELATING TO A
PRIMER FOR PROSPECTIVE PURCHASERS OF
COMMUNITY HOUSING" (1st reading 5/5/75)
echarg. Syete,
vxbee Park and the Baylands (CMR:282:5)
ORDINANCE NO. 2853 entitled "ORDINANCE
OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR THE
CONSTRUCTION AND PLACEMENT OF A GROUND-
WATER RECHARGE SYSTEM IN BfXBEE PARK
AND THE CITY -OWNED BYLANDS (AKA JOHN
FLETCHER BYIBEE RECREATION AREA) (1st reading 5/5/75)
e Park 14:296:5)
ORDINANCE NO. 2854 entitled "ORDINANCE
OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR THE
CONSTRUCTION AND PLACEMENT OF A BICYCLE/
PEDESTRIAN BRIDGE AND PATHWAY IN TIMOTHY
HOPKINS CYEBKSIDE PARK" (1st reading 5/5/75)
Tho Planning Commission, by a vote of six
in favor (one absent), adopts Resolution
No. 189 adding the "D" Site and Design
Control District regulations to the zoning
classification of certain properties zoned
P -F and C -3-S easterly of Bayehore Freeway;
and finds that this action is exempt from
the requirement for an environmental impact
assessment.
1 2 5 9
5/19/73
ORDINANCE OF THE C0';NCIL OF THE CITY OF PALL
ALTO AMENDING SECTION 18.08.040 OF THE PALO
ALTO MUNICIPAL CODE TO CHANGE THE ZONING
CLASSIFICATION OF ALL PROPERTIES LOCATED
EAST OF BAYSHORP. FREOWAY FROM C -3-S AND
P -F TO C -3 -S -D AND P -F -D (FIRST READING)
95 Pa
-pAPkT�
412%71:61AM I Il rvl
fttr_
The Planning Commission, by a vote of six
in favor (one absent), recommends approval
of the application of Hewlett-Packard for
reversion to acreage at 395 Page Mill Road,
Zone District M -2-S; and finds that this
action is exempt from the requirement
for an environmental impact assessment.
1095 Yale Street Tr ` 7
A cat
0.
c!nc n um Sul div{ eiQn M 5
The Planning Commission, by a vote of six
in favor (one absent), recommends approval
of the application of Paul Kanise for a
Final Condominium Subdivision Map (6 units),
Tract 5587, located at 2045-2095 Yale Street;
and finds that no significant environmental
impact will result from this action.
1701 Montebello Road Zone District 0 -Si
ick►ana Jnr Site
val of
The Planning Commission, by a vote of six
to favor (one absent), recommends approval
of the application of Jon A. Erickson for
Site and Design Control_ approval of an
automatic radio communications facility at
1701 Montebello Road, Zone District 0-S,
subject to conditions recorded in the minutes
of April 30, 1975; and finds that no signifi-
cant environmental impact will result from
this development.
:312:5)
Staff recommends that Council find, by
motion action, that this project is
categorically exempt from the requirements
of the California Environmental Quality
Act of 1970 and that the Mayor be authorized
to execute a contract with Kubit, Bortolotto
mad Kelly, Inc. in the amount of $16,533.
The Consent Calendar action items were adopted on a unanimous vote.
1 2 6 0 -(3c'
S,19/75_ _--
Coaaent CalendarReferral Its
Mayor Sher asked Council if it were ready to vote on this portion
of the Consent Calendar;
Palo Alto Housi Co
•n rac
ncreas CMR:305:5)
Staff recommends that Council re=ar the draft amendment to the
consulting contract with the Palo Alto fouai..g Corporation to the
Finance a.,d Public Works Committee fcr discussion i May 21st.
aster Sitg:
iiio alto - (Cif:308:5)
Staff recommends that this subject, the Housing Corporation report,
and staff report dated May 15, 1975 be referred to the Policy and
Procedures Committee for review and recommendation to the full
Council.
The Palo Alto Housing Corporation Consent Calendar referral item
passed on a unanimous vote.
- The Webster Site referral Consent Qale,-,dar item passed r-1 an eight
to one vote, with Councilwoman Pearson voting "no".
name of S� l
Election Ha1d ea ii_ lQ7S
Mayor Sher appointed Councilaembers Beahrs and Comstock to conduct
the canvass of returns.
Mayor Sher stated that the record should show that the City Clerk
has au hand the following certificates for examination by the Canvass
Board, that Board being the City Council: 1) Certificate of Seal
and Container Inspection Board, 2) Certificate of the Accuracy
Certification Board, 3) Certificate of the Ballot Inspection Board,
4) Certificate of the Ballot Processing Board, 5) Certificate of
the Miscellaneous Central Counting Personnel, 6) Certificate of
tba Storage Packaging Board, 7) Certificate of the Verification
of Signatures of Absentee Voters, 8) Results of each of the thirty-
two consolidated precincts, and 9) Cumulative totals for each candidate.
Mayor Sher asked that the canvassing proceed.
Councils= Beehrs and Comstock completed the canvassing procedure.
Mayor Sher aonouncsd that the whole number of ballots cast in the
city at said General Municipal Election, including absentee ballots,
was 14,036; and the total number of votes cast at said General
Municipal Election, including votes cast upon absentee ballots,
for the candidates for City Council for a four year term vas 54,738;
and the total number of votes cast fcr each candidate vas:
RICHARD L. AM ROSO 308
SCOTT T. CAREY 6,734
ROY L. CLAY 6,728
JOON FREDBICR 777
MAX R. DEVBIID0IP 712
AIOTE R. WIYUUSPO01# 7.661
FRED 8. E i.Y 6,903
LAME= ♦. KLUX 6.214
RICIARD 10111.101 6,171
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ENID PEARSON 5,708
ALAN HENDERSON 6,322
Mayor Sher further announced that Anne R. Witherspoon, Fred S.
Eyerly, Scott T. Carey, and Roy L. Clay being the four candidates
receiving the highest number of votes for the office of council
member for a full four year term, were duly and regularly elected
for terms of four years commencing July 1, 1975, to serve as members
of the City Council of the City of Palo Alto.
Mayor Sher stated the Chair would entertain a motion to adopt a
resolution of the City of Palo Alto declaring the results of the
General Municipal Election held on.May 13, 1975.
MOTION: Councilman Berwald introduced the following resolution
and moved, seconded by Comstock, its adoption:
RESOLUTION NO. 5090 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
DECLARING THE RESULTS OF THE GENERAL
MUNICIPAL ELECTION HELD ON MAY 13, 1975"
The resolution wa& adopted on the following vote:
AYES: Beahrs, Berwald, Clay, Comstock,
Henderson, Norton, Rosenbaum, Sher
NOES: Pearson
John Fredrich said he was gratified by the results of the election
and especially so by the fact that a woman received the most nuaoer
of votes. He thought that showed significant change. Mr. Fredrich
expressed the hope that in the future there would be an even better
total turnout of voters.
Mayor Sher commented that having a woman lead in the number of
votes received was not unprecedented in that Councilwoman Pearson
won the most number of votes in the municipal elections of 1965
and 1971.
Councilman Berwald congratulated the winners,ft their election
to the Council. He also thanked everyone who ran in the election.
Even though Messrs. Amoroso, Devendorf and Fredrich vere not elect*,
Councilman Berwald thought it vas representative of our society
that people should come forward. All of them ran a very respectable
csopaignt. and he congratulated them for offering to serve their
city. For those who were not elected and have served in the past,
Councilman Berwald thanked they for their service and wished them
well in the future.
Proosrty Maiateaaaca Shards
Councilwoman Pearson, Chairwoman of the Policy and Proceduresi Committee,
reported this item had been placed on the agenda well over two
years ago by Vice Mayor Henderson; and it was an attempt to have
staff strengthen its efforts in seeing that private property in
Palo Alto was maintained. The Policy and Procedures Committee
received a great amount of material that included all the ordinances
that would allow staff to see that property was maintained in an
acceptable way. The conclusion was that there were plenty of laws
about the matter, but staff perhaps needed bolstering from Council
1 2 b 2
5i19/75
i aG Z
and acme of the various city departments to see that the laws were
enforced. Therefore, the Committee made no recommendation; and
the action was simply that the Committee concurred with the etaff
in ite report (CMR:535:4) to the extent that existing provisions
of the Palo Alto Municipal Code provide an adequate foundation
for establishing and maintaining minimum exterior maintenance standards
for private property in Palo Alto and that no additional ordinances
are needed and the Committee recommends that no further action
be taken in response to the Council direction that staff study
means of establishing and enforcing maintenance standards for private
property in the city.
MOTION: Councilwoman Pearson moved, on behalf of the Policy and
Procedures Committee, that Council accept the Committee action.
Vice Mayor Henderson commented that it had been o'°er cwo and one-
half years since he requested, and Council supported, a staff study
and report on the means of establishing and enforcing minimum exterior
maintenance standards for property a-i Palo Alto. Unfortunately,
after all this time, the staff and the Committee have agreed that
there iL no problem and that there are adequate laws and enforcement.
However, Vice Mayor Henderson's own observations over the past
several weeks when he had been walking all the neighborhoods of
Palo Alto did not bear out that kind of a conclusion. He said
there were few, if any, neighborhoods that did not have one or
more properties that were eyesores. He quoted the following from
his original memorandum: "It seems to ne that people who work
hard to improve and maintain their properties should be protected,
at least, from extreme cases of neglect on nearby property. When
you can leave an old car on your property for up to six months,
when you can leave assorted junk piled in front of your house indefinitely,
and when you can leave grass and plants to grow uncared for, something
is missing in the city's laws or enforcement procedures". Vice
M yor Henderson heard many complaints about communal -type living
in Palo Alto and how run-doin such properties look. Personally,
he did not care who was living in a house as long as he was net
being disturbed. Protection should come from the Noise Ordinance
and from adequate property maintenance standards. The owner of
a property should be held responsible for reasonable maintenance
requirements. It was obvious to Vice Mayor Henderson that there
was no paint in striving any further an this subject, but there
were throe areas where he would have liked to take some action.
He would tighten a few of the laws, including the one about automobiles
being worked on in front lawns; he would direct staff to be more
active in enforcing the present laws; and he would inform citizens
that they ciid have protection and recourse on these matters and
that they coui.d report problems without having their names divulged.
The motion passed on the following vote:
AYES: Baehr*, Berwald, Clay, Comstock,
Norton, Pearson, Rosenbaum, Sher
NOES: Henderson
Councilwoman Pearson thouj:ht Council should be aware that at the
Committee meeting 'he made a motion, seconded by Councilman Rosenbaum,
that the Committee recommend- a report be prepared by the staff
which would address itself to the means of abating noses which
generates from swimming pool equipment and noise riach generates
from equipment found outside of industrial or commercial buildings.
This report will be returned to Council; and at thst time, it would
be determined tether a consultant would be needed and low such
would be involved. Councilwoman Pearson. said this motion passed
unanimously. She explained that the report would chow whether or
not there really were a problem in Palo Alto; and if there were,
how staff and Council would go about ameliorating it.
nest to Move Item 2
MOTION: Mayor Sher moved, seconded by Pearson, that Item 23 regardiug
restoration of interim fixed bus routes 31 and 36 be moved forward
on the agenda to be considered with Item 13 concerning the Santa
Clara County Transportation Improvement Program,
The motion passed on a unanimous vote.
tion of the Polio
to era Canntn_ 7ramsnnrtatiox!
roveaent Program
Councilwoman Pearson, Chairwoman of the Policy and Procedures Committee,
explained that this item had required prompt consideration from the
Committee because it had to go before the Transit Board. The matter
covers not only transit, but also bus systems and highways which
may or may not be developed or built. The recommendations that came
c',.* of the Committee are those shown as (a) through (k) on the agenda.
Councilwoman Pearson said there was a report from the Planning Commission
which covered most of the same things in (a) through (k), but the
Committee did add a few of its c a ideas. The report involved was
also a request from the County Transportation District for support
from each entity in the county from the 1/2 cent sales tax which
will be voted upon in the fall. The Committee did not feel it could
support the 1/2 cent sales tax until the total plans were seen that
would be recommended by the Transit District, and that is reflected
in (a) of the Committee recommendations. Councilwoman Pearson stated
that the Committee also wanted to have routes 31 and 36 reinstated
with their one-half hour headways and the same level of service that
those routes previously had. The Committee requested that Phase
II of the RTDP be amended as recommended in the Mayor's letter of
April 2, 1975, which was the collection and distribution system should
be developed at the same time as the fixed guideways. This request
is consistent with the recommendation of the consultant. It was
further recommended by the Policy and Procedures Committee that the
county use taxi service, maxi vans, or other modes of transportation
for the elderly and handicapped. By this recommendation, the Committee
was hoping the county would get the message that the maxi vans could
be put to very good use in serving the elderly and handicapped in
Palo Alto: An objection was made by the ComUttee to the county's
plan to stop giving the cities the gas sales tax revenue since the
$80,000 a year was needed for street maintenance. Councilwoman Pearson
said the county was recommending that the interchange at El Camino
Real and Page Mill Expressway be deleted from the county plans.
Rather than that, the Committee wanted to see a study of what the
impact would be if that action were taken; and it aleo wanted county
support of the immediate implementation of double left -turn lanes
at all intersections. The city had been working on the left -turn
lanes for three years with the College Terrace residents, and the
state has agreed to a request for those lanes. The Committee asked
for clarification oc this: smoent of money that would be spent at the
Palo Alto Airport, the source of the funds, and the nature of the
improvements. !or instance, the Committee would like to know if
1264
5/19/75
the improvements contemplated were for a second runway, more tie -
down space, or more fixed bare operators. The Committee also asked
for a study and peselble implementation, prior to a fixed guideway
system, of a rail -passenger system. Councilwoman Pearson commented
there were several rail tracks around the county which .ere not being
used, and they could be put into condition for use more quickly than
another fixed guideway system. Along with that request, the Committee
asked for a study of a trans -bay connection to BART which would be
over the present railroad bridge that had been taken out of the San
Mateo County BART system. The Committee noted that no funds had
been budgeted for any evaluation of an Environmental Impact Report,
and it was the reeling of the Committee that 411 projects in the Transportation
Improvement Program should be reviewed to see whether there should
be an environreetal assessment. Budget provisions should be there
for these environmental assessments since a new fixed guideway system
could have a tremendous impact on certain areas. Lastly, the Committee
thought consideration should be given to the use of exclusive bus
lanes; and a study should be made of Ma:rin County's experience to
see how that could be applied to Santa Clara County and where such
bus lanes should be established.
MOTION: Councilwoman Pearson moved, on behalf of the Policy and
Procedures Committee, that Council - regarding the Santa Clara County
Transportation improvement Program - accept the recommendations of
the Planning Commission with some modifications, as follows:
a) To support a county -wide tranait system,
but that it cannot at this time endorse
the 1/2 cent sales tax until a plan is
presented for the use of those funds;
b) To eap;.ort the concept of an expanded
bus fleet and urge that Routes 31 and
36 with the old beadvays be reinstated
so that, at the very least, Palo Alto
has the same level of service as it
formerly bad;
c) That the scope of Phase II of the RTDP
be amended as recommended in the Mayor's
letter of April 2, 1975 to the Santa
Clara County Transit District;
d) that the County use subsidised taxi
service, nazi vans, or other modes to
provide transportation for the elderly
and handicapped;
e) That proposed use of PAD funds will
deprive Palo Alto of gas sales tax
revenue of $80,004 a year which is
badly needed for city street main-
tenance;
f) To support tbs State and County's
current efforts to reduce traffic
congestion and safety problems at the .
El Camino Real/Page Mill Expressway
intersection through the immediate
implementation of doubts left -turn
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5/19/75
lanes at all intersection approaches
and requests a specific earmarking of
funds for that purpose by both agencies;
8)
To request a full re-evaluation of the
positive and negative impacts of re-
moving the proposed El Camino Real/
Page Mill grade -separated interchange
from the approved list of future
projects;
h� That clarification be made regarding the
$1,883,000 in improvements at the Palo
Alto Airport including the source of
funds and the nature of improvements to
be made;
i) To support a study and possibly imple-
mentation prior to At fixed guideway
system of a rail -passenger re-
establishment program with emphasis on
a commutetype service and a study of
a trans -bay connection to BART;
j) That there are no fvnds budgeted for
any evaluation of environmental impact,
all projects in the Transportation
Improvement Program should be reviewed
to see which wilt require environmental
assessment, and budget provisions should
be made for these assessments;
k) Consideration should be given to use of
exclusive bus lanes, a study should be
wade of Marin County's experience and
how it may be applied to Santa Clara
County and in what areas.
Mayor Sber's understanding was that the County Transportation Commission
had already taken action on a number of these items, but it was still
appropriate for Palo Alto to express its position on them.
Councilwoman Pearson said the Committee added sone items, changed
some others, and the whole thing would go before the County Board
Zai�y; isms at arsissit uiitri'
siaphtali Knox, Director of Planning, noted that the major difference
between the Policy and Procedures recommendation and the Planning
Commission recommendation related to item (g) having to do with the
El Camino Real/ Page Mill grade -separated interchange. The Planning
Commission acted on this particular item on April 9th, and they moved
opposition to the deletion of the Page ?lilt/E,1 Casino Real interchange.
The Policy and Procedures Committee recordation was as it appears
in the motion as stated by Councilwoman Pearson. Mr. Knox brought
to Council's attention the fact that the Santa Clara County Transit
District Board has not yet acted on any parts of the Transportation
Improvement Program. He added that the District Board is scheduled
to take up the specifics of the program on Wednesday evening, May
21st, including the recommm ndatioes of the Transportation Commission.
Mr. Knox understood that the Transportation Commission has acted
on all of the items except the one concerning the 1/2 cent sales
tax.
1 2 i b
3/19/75
Councilman Comstock stated he could not support (i) of the recommendations,
and he thought he might make an amendment to delete that. More particularly,
he_said not only could he personally not support it, but Council
should oppose it. Councilman Comstock was concerned about what he
saw as an inflexible system. He thought the system - by definition -
if developed and implemented, would be cast in rail or iron or whatever
the proper construction medium is. After seeing a lot of conceptual
art work, Councilman Comstock felt concern about any number of a
variety of concepts. He just did not see this as a system that would
have any ability to deal with an established area that continues
to change, and rather confounded, Council au it tried to deal with
transportation issues. Secondly, it seemed to Councilman Comstock
that for any such system to be effective, it would have to go into
established residential areas as well as into commercial and business
areas; and he recalled the uproar and reaction there was in the city
when Council was trying to decide where bus routes would be established.
Bus routes are rather mild compared to any kind of a fixed --rail system.
Thirdly, given the remarks heard several meetings ago about the economics
of such a system, Councilman Comstock was very pessimistic that the
system would be at all economical. He really hated to see the city
go ahead and support any further work on this sort of a system.
Personally, Councilman Comstock had seen enough information to convince
him that there was no reason to waste much time studying this kind
of a system.
Mayor Sher understood the reference in item (i) to simply say that
before there should be a fixed guideway system, there should be a
study and possible implementation of a rail -passenger re-establishment
program; and the way the recommendation is written indicates no support
of a fixed guideway system. He added that it might be well to make
the language more clear.
Councilman Comstock remarked that his red flag wentup because this
is the only paragraph that speaks to a fixed guideway system, and
he saw this as a precursor to such a system.
Councilwoman Pearson thought that all of Councilman Comstock's concerns
were found in (c) referring to the scope of Phase 11 of the P.TDP.
Mayor Sher's letter to the Santa Clara County Transit District stated
the city's concern about fixed guideways. that no such system should
be coming down Middlefield Road, there should be a study, and an
Environmental Impact on any such plans. What the Committee intended
(i) to mean was that there sre a number of rail -passenger tracks all
the may around the county, which are Southern Pacific; and the Committee
wanted those re-established before going into new fixed guideway
systems. The Mayor's letter also made it clear that first of all,
Palo Alto would support the five hundred bus system before anything
else was done.
Councilman Comstock appreciated those comments because be did not
want someone, in six or eight months, to come to Council saying the
fixed guideway system was about to be built, a bond issue would be
floated, and Palo Alto's support had been appreciated. If there
were agreement based on the Committee's discussions that everyone
in San Jose understood the city's position, then Councilman Comstock
thought he might be able to relax a bit on the issue. He said these
things ars rather insidious, and sometimes the city found itself
by inadvertency involved in something in which it had no intention
of being involved.
Councilwoman Pearson thought the point was also made in (a) where
the Committe, stated there mould be no Palo Alto support of the 1/2
cent sales tax until the city makes the final plan.
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5119/75
Councilman Comstock referred to (g) in the motion and asked what
the Planning Commission specifically recommended and their reasons
for that recommendation.
Mr. Knox said the general discussion was the Five Year Transportation
Improvement Plan for the county, which is very similar in transportation
elements to the city's Capital Improvement Program. One of the propcsals
forwarded by the county staff to the Transportation Commission was
the removal of a number of projects that had been originally incorporated
into the five-year program, and one of the recommended projects for
remoral was the proposed El C. ',lino Real/Page Mill intersection.
The city.' -If, in preparing information for Council which it saw
late in March, noted that the right-of-way had been purchased for
the interchange at El Camino Real/Page Mill and that there were a
number of pluses and minuses. Staff felt it was important that a
derision be made on the matter. Mr. Knox said staff considered that
among the pluses were that if au intersection were constructed at
El Camino Real/Page Mill Expressway, the easterly portion of that
interchange would be depressed; and that would create a better environments_;
situation High Density Apartment Housing District which is located
just south of California Avenue. In other words, the deFressing
of that road would also depress the traffic noise, thus helping that
area. Secondly, Mr. Knox said staff noted, without indicating whcthsr
it were a plus or minus, there is a commercial strip that is somewhat
unkempt along the northerly side of Page Mill Expressway and the east
side of El Camino Real which would be removed by the creation of
the interchange. The third aspect staff took note of was that the
construction of the interchange would facilitate the flow of traffic,
and some would look upon that as a plus and others, a minus. Such
facilitation of the flow of traffic could be something that would
generate additional growth in other areas of the city; but on the
other hand, it would remove a traffic bottleneck. Staff looked at
these things, and the question before both the Planning Commission
and the Policy and Procedures Committee was whether this project
should be remov:,d from the list of projects scheduled for the next
five years. The Planning Commission took the position that it was
apposed to its removal. They were not saying they wanted it to Be
built, but they were saying that it was being talked aboLt in the
Comprehensive Plan and were opposed to its removal on a blanket basis.
Mr. Knox`s understanding of the Policy and Procedure Committee's
action was that it was essentially the same thing - they would like
a reevaluation of both the positive and negative impacts before
the project is removed from the list. If Council adopts the recommendation
from the Policy and Procedure Committee, it would be opting for leaving
the grade -separated interchange in the list of future projects and
asking for a study of the environmental impacts of that project.
Councilman Comstock asked Mrs. Brenner if she were comfortable with
the Committee's recommendation.
Prances Brenner, Chairwoman of the Planning Commission, responded
that she would concur with the recommendation.
Councilman Clay understood that the Policy and Procedures Committee
did, is fact, approve the Planning Commission's recommendation; therefore,
the wording ought to more clearly state that.
-Councilwoman Pearson explained that the Committee did not approve
the Planning Commission's recommendation. The Planning Commission
wanted to leave the project in without any study whatsoever, and
the Policy and Procedures Committee wanted the recommerdation that
came from staff that a re-evaluation of positive and negative _ impActs
be considered before a decision was made as to .e..atner the interchange
should be left la the ligt of proposed projects. This, is whit had
he : Mayor mar' a letter to the c..asy, sad that is what the Committee
approved.
1266
6/14/75
Councilman Clay did not feel this was clear in the wording as at
appeared in (g) of the motion.
AMENDMENT: Councilman Clay moved, seconded by Norton, that pert
(g) of the Committee recommendation read as fellows: "To oppose
deletion at this time of the El Camino/Page Mill grade -separated
interchange and to request a full re-evaluation of the positive and
negative impacts of removing the proposed El Camino Real/Page Mill
grade -separated interchange from the approved list of future projects".
Councilman Norton commented that an EIP. would be done at the proper
time.
Mayor Sher said this related not to the actual construction but to
the question of whether or not this item stayed on the list of projects.
The position suggested by Councilman Clay's amendment is that the
city opposes deletion at this time, which is being talked about;
and that Palo Alto requests the re-evaluation of positive and negative
impacts before a decision is made as to removing the item from the
list of projects.
Councilman Norton emphatically opposed the removal of that interchange
and wanted that expressed in the strongest possible terms.
Councilman Clay said he assumed an evaluation of some kind had been
made which caused the removal of that grade -separation interchange
to begin with, and he would like to know what had been done.
Councilwoman Pearson stated that no evaluation had been made by the
county with regard to whether any of the projects should be removed,
and none of them has been removed. The county has compiled a list
of projects which may or may not be removed, and the city is supposed
to comment. Councilwoman Pearson commented that the county was looking
for money and one way to get it was to delete a project that had
money behind it and put that money into rapid transit, and that is
exactly what the county is doing. She explained that the Committee
was asking the county to leave the interchange on the list of projects;
but if they started reconsidering that, they should do a study first.
Councilman Beahrs thought the interchange gave some promise of relieving
the commute traffic problems that had been endured for so long by
the residents of Park Avenue and College Terrace. He feared that
the proposal destroyed any evident enthusiasm on the part of the
community for the project, and he thought it was a hazardous thing
to say "pending re-evaluation", since that was a clear signal to
policy makers and bureaucrats that Palo Alto is not enthusiastic
about the prospect. Ha did not feel it would be wise to say that
the city wanted another study because past experience shows that
is one way to kill things. Councilman Beahrs agreed with Councilman
Norton that this interchange should not be removed from the list,
and the city should in no way suggest that possibility.
The amendment passed on the following rots:
See pg. 1367
1269
` 4 5/19/75
AYES: Berwald, Clay, Norton,
Rosenbaum, Sher
NOES: Beahrs, Comstock, Henderson,
Pearson
Speaking to Councilman Comstock's concerns, Councilman Rosenbaum
said the question of fixed -rail guideway systems was before the Dictrict.
A study is being talked about, and the form the study should take
is being serioudly debated. Personally, he did not agree with Councilman
Comstock's position on a fixed guideway system since he thought the
county would grind to a halt in the next ten years either for lack
of gasoline or because there would be too mangy• cars for the available
roads. If it is Council's intention that it would really want to
oppose any consideration of fixed guideways, perhaps that position
should be taken.
AMENDAENT: Councilman Rosenbaum moved, seconded by Henderson, that
the words "prior to a fixed guideway system" be removed from Item
(i) in the motion.
Councilman Rosenbaum said t:ie item would still read well with the
deletion of those words and also suggest the city's interest in studying
the re-establishment of service on some of the existing rail systems
w'_thout getting into the question of fixed guideway systems.
The amendment passed on a unanimous vote.
AMENDMENT: Councilman Bervald moved, seconded by Comstock, that
the beginning language of (k) in the motion should be: "Consideration
should be given to provision of exclusive bus lanes".
The amendment passed on a unanimous vote.
The motion as amended passed on a unanimous vote.
Councilman Rosenbaum introduced Item 23 on the agenda which had been
brought forward to be discussed at this time. He noted that staff
sent Council a report several weeks ago on the restoration of routes
31 and 36, and they suggested several changes which Councilman Rosenbaum
thought should be considered at the Council level. He acknowledged
Council's receipt of a six -page petition from residents of the Greenmeadow
Brea requesting that they once again have service. The proposed
changes are as follows: Route 36 at one time extended out to San
Antonio Road. Partially at the request of some residents along Mackay
Drive, that route was discontinued; and route 36 currently goes only
to Charleston Avenue and then to Alma Street. The thought is there
should be a way of providing some service into Greenaeadow without
causing the problems that aggravated tho people along Mackay. Councilman
Rosenbaum reported that staff had suggested one possible routing
in the Greenosaiow urea; and, in addition, there would be a meeting
on the evening of Msy 22nd at the Greenaeadow Center to discuss possible
routings. t* seemed to him that Council would want to recommend
to the county that some suitable routing be worked out to provide
service to Greenaeadow. Councilman oosenbaum said that Route 31
proved to be a bit more complicated. Staff is suggesting two changes,
with the first one attempting to provide a transfer point between
Route 31 and Routs 36. This would have the advantage of enabling
people from South Palo Alto to get out to the Industrial Park more
conveniently than having to go all the way to the Southei-n Pacific
Station downtown. However, this would result in putting a bus on
several blocks which currently do not have buses; and Councilman
Rosenbaum recalled the experience Council had when this vas tried
on Melville Avenue. So bs thought Council should be aware of what
was bein: suggested end conoidsr whether the residents should be
notified in advance, or whether it perhaps would not want to go ahead
with the plan because of possible adverse reaction. The other recoopndation
on Lets 31 is to cbaage it when it sets to the intersection of 3sbaresdrsb
1370
5/19/75
Road and Waverley Street. Councilman kosenbaum explained that the
old Route 31 would continue down Waverley to University Avenue and
then to the Southern Pacific Station. The staff is suggesting that
a left turn be rade on Embarcudero, go to Town and Country Shopping
Center, and then along El Camino to the Southern Pacific Station.
This recommendation aid not appeal to Councilman Rosenaum, and he
thought the people in College Terrace would be very unhappy if they
did not have a direct way of getting to the Palo Alto Medical Clinic.
Also, he thought the routs would be more useful if it served the
heart of the downtown area.
MOTION: Councilman Rosenbaum moved, seconded by Comstock, that Cc,uncil_:
1) Recommend to the County that the
changes shown in Exhibit "C" for
Route 31 in the vicinity of Oregon
Avenue and Bryant Street be made
and thn^, the city notify the
resEents along the new routes that
a bog would be doing down their
stre ,s;
2) Recommend to the County that Route 36
be extended to serve the Greenaeadow
area with exact routing to be worked
out with the staff after the meeting
with the citizens on Nay 22nd.
3) Inform the County that use of the old
San Jore diesel buses on restored
Routes 31 and 36 is not acceptable.
Mayor Sher asked if Councilman Rosenbaum thought it were important
to go ahead with part 1) of his motion due to time constraints even
though he suggested it might be well to talk to the resident.- about
the bus routing.
Councilman Rosenbaum said this was a timing problem. The county staff
wants to get this route re-established by July 14th, and they wanted
some input from the city as soon as possible. Councilman Rosenbaum
pointed out that there would not be another Conncil meeting for two
weeks.
The motion passed on a unanimous vote. (Norton Gut.)
Mrs. Brenner, Chairwoman of the Planning Commission, reported that
the Commission -.quested the assistance of the Architectural Review
Board in this natter. Originally, the Planning Commission had asked
Banco to attempt two entrances on Watson Court. Many of the changes
the Commission requested were worked over at the Architectural Review
Board, and their recommendation on this vas a one-way entrance on
Best Bayshora Frontage Road and as exit on Watson Court. The Planning
Commission concurred with the plans as presented after they had been
reviewed by the ARB. Mrs. Brenner said her own negative vote on
that particular item was meant to point up objections basic to she
original rejection of this project by the Commissions and to reiterate
1271
3/1!/7!
the difficulties inherent in using a P -C zone to rezone one parcel
at a time in an area such as this one. Generally, the ARB brought
the project up to the pattern established by Council.
Councilman Berwald noticed there would be both lower lights and tall
lights as far a, exterior lighting was concerned. He asked how tall
the lights would be and how many foot-candles were involved and for
a comparison of the lighting to that of Ming's and the Steak and
Ale Restaurant.
Mr. Knox stated that the recommeudation is for 0.126 foot-candles
on the surface of the parking lot, and that meaaureient would coincide
with the lighting at Ming's.
Councilman Berwald asked for some assurance that the lights would
not be overly tall.
Mrs. Brenner responded that the level of lighting for that correr
was pretty much established as the level of lighting that Ming's
had at the time the Planning Commission approved the plans of the
Steak and Ale Restaurant, anl the staff transferred that level of
lighting into the foot -candies mentioned by Mr. Knox.
Ricw)il-d McClellan, President of Nanco Restaurants, reported he intended
to use an 18 to 22 foot light standard, comparable to those at Ming's.
Councilman Berwald asked if there could be an understanding that
staff would make sure that tha lighting would be no higher in average
than the lighting at Ming's.
Mr. McClellan responded that would be perfectly acceptable.
Councilman Berwald asked if all of the incoming and outgoing materials
in terms of waste, garbage, etc., would be fully enclosed and away
from public view until it is picked up.
Mr. McClellan responded affirmatively.
Councilman Berwald asked what the materials were for that enclosure.
Mr. McClellan replied that the materials for the enclosure were the
same as those for the structure.
Councilman Berwald asked if all of the paving were asphalt or if
the use of brick was being contemplated.
Mr. McClellan explained that there is a brick pedestrian way from
the unloading area to the front door of the restaurant to indicate
a walkway.
Councilman Berwald asked if any brick would be used for vehicle paving.
Mr. '4'Uellan responded negatively.
Councilman Berwald asked if that subject had been discussed at all
at the Planning Commission or the Architectural Review Board.
Mayor Sher commented that there was nothing in the minutes to indicate
a discussion of the paving.
Councilman Berwald asked if the parapet covering the utilities on
the roof of the building was consistent with the architecture of
the !wilding.
1 2 7 2
3/19/73
Mr. McClellan stated that the paiapet had been designed as a part
of the building. He added that the walkways are made of an aggregate
material, and these are the pedestrian walkways leading from the
parking area and leading down to the front entry of the building.
MOTION: Vice Mayor Henderson moved, seconded by Clay, that Council
uphold the recommendation of the Planning Commission to approve the
application of Nanc,N Restaurants for a change of district from L-
M --D to P -C (Restaurant) at 2450 East Bayshore Road; and finds that
no significant environmental impact will result from this development
and that Council approve the following ordinance for first reading:
ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 18.09.040 OF
THE PALJ ALTO MUNICIPAL CODE TO CHANGE
THE ZONING CLASSIFICATION OF CERTAIN
PROPERTY KNOWN AS 2450 EAST BAYSHORE
ROAD FROM L -M -D TO P -C, SUBJECT TO
CONDITIONS
Councilman Comstock recalled that this restaurant and the one proposed
for Bayshore Frontage Road and Embarcadero Road were both before
Council the same evening at a previous meeting, and they both came
with a recommendation of denial from the Planning Commission. He
asked if he were correct in remembering that Council rejected one
restaurant and returned the other application to the Planning Commission
for further review, and this one was the one that had been sent back
to the Planning Commission. The appeal on the other restaurant was
turned down on the spot.
Mr. Knox said Councilman Comstock's statements were correct except
the other restaurant was located at Enbcrcadero Road and Geng Street.
Mayor Sher mentioned that the two restaurants had been separate items
on the agenda.
Councilman Comstock explained that be had not been trying to imply
there vas a connection between the two, but he was simply refreshing
his own memory.
Councilman Berwald asked if the paving stopped at the curved line
that goes around the building.
Mr. McClellan replied that this vas so, and there was no paving adjacent
to the building.
Councilman Berwald asked if there were landscapin: all the way around
the building.
Mr. McClellan responded affirmatively.
Mrs. Brenner thought it was worth noting that on thin particular
project, the Commission tried very hard to separate the consideration
of architectural details for the ABB. After once allowing the ARB
to take care of those details, the Commission conscientiously did
not re -review them. This is the system that wan set up, and the
Commission was trying to salve it work. For this reason, the Planning
Commission ins not in a position to answer questions on the details
architectural tec
of lanQSCapiut sum precise �tcusLa4tuzas 'tatters.
1 2 7 3
5/19/75
Mayor Sher felt that in the future it might be a good idea to have
a representative of the Architectural Review Board present at the
Council meeting when matters such as this were under consideration.
The motion pa3sed and the ordinance adopted on the following vote:
AYES: Beahrs, I arwald, Clay, Henderson,
Pearson, Norton, Sher
NOES: Comstock, Rosenbaum
Willow Road Environmental ImpactReg2rt:
Jra: d of Cpnaultant Conttrac;,GM1(:307:5)
Mayor Sher stated that because of his connection with Stanford University
and Stanford's involvement in the proposed assessment district, he
would not participate in this discussion; and Vice Mayor Henderson
had agreed to Chair the meeting for this one item,
Vice Mayor Henderson noted that this item had come to the Finance
and Public Works Committee because of the new consultant selection
procedures; and as Chairman of that committee, he made the following
comments. There were three finalists, and all of the material on
those three consultants came to the Committee. A Selection Advisory
Committee had studied a number of applications from consultants and
had narrowed these down to the final three. The one chosen was the
unanimous choice of both the Selection Advisory Committee and the
Finance and Public Weeks Committee.
MOTION: Councilwoman Pearson introduced the following ordinance
and moved, seconded by Norton, its adoption:
ORDINANCE NO. 2855 entitled "ORDINANCE
OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR FISCAL YEAR
1974-75 TO INCREASE THE APPROPRIATION
FOR PROTECT 73-65, WILLOW ROAD IMPROVEMENTS"
and further moved, seconded by Norton, that Council approve the contract
with the Environmental Impact Planning Corporation.
Councilman Beahrs commented that when this was first before Council,
he had no idea that there would be the wide spread of costs as indicated
in the staff report. It vas alarming to him that the contract with
this company involved a cost of $65,000, which was two and one-half
times as much as the lowest fee that had been presented. Councilman
Beahrs asked for staff comment on this extraordinary spread of coo_:s.
Elizabeth S. Crowder, Associate Planner, said the Selection Advisory
Committee followed the selection procedures adopted by the Council;
and although in the Request for Proposal staff asked the consultants
to give a ball park figure from low to high of the amount that they
might charge for the scope of'services, the Selection Committee specifically
did not consider costs. The low of $25,000 was the bottom end of
a ball park figure given by one of the firms, which was from $25,000
to $55,000. The highest priced firm gave the ball park figure of
from $70,000 to $90,000; so there was a spread within each firm.
got down to negotiating xaen staff ne i. _------
go lag with the firs that was unanimously
cbc,sea, details of the scope were worked out; and staff felt it had
the best possible spread of work that a consultant could possibly
give. Their fee was $58,400, and the extra count is for reimbursabls l�)
funds. This meant the chosen consultant wu ,cwt slightly above
tbs .sdiaa figure for all steno= proposals.
1274
5/19/75
Councilman Beaters stated this explanation was reasonably satisfying
to him, but he was not enthusiastic about these EIP costs. He thought
this was one more burden that was placed on government at a horrendous
rate. In the future, it should be a matter of policy with the Council
that costs be considered as an element of concern in selecting any
expert. Councilman Baehr' realized that sometimes you get what you
pay for; but it had been his exper'.ence that it was also possible
to get work done just as well, if not better, by firms whose costs
were less.
Councilwoman Pearson congratulated the staff for adding the word
"sex" to their nondiscrimination clause, and now it was time to go
on to the next one which would be "sexual preference".
Councilman Berwald remarked that he had been unable to attend the
Finance and Public Works Committee meeting when this consultant had
been approved. He said he had not planned to speak up on this subject
tonight; but when he heard that staff did not consider costs, he
also was alarmed. Councilman Berwald knew that staff did consider
costs on most items, but he would appreciate an explanation of that
comment. Also, he noted that staff worked several times during the
wee of May 5th with Environmental Impact Planning Corporation finalizing
the scope of services and the contract agreement; and Councilman
Berwald wanted to know what he coot of those several meetings would
be.
Mrs. Crowder responded that the Selection Advisory Committee was
composed of a member of the Planning Commission, a member of the
Architectural Review Board, a citizen, and two staff members. They
were looking for the most qualified consultant, and they unanimously
chose Environmental impact Planning Corporation. At that time, the
three most recommended consultants varied from the top to the bottom
of the price range mentioned earlier. The chosen consultant was
actually among the lover of the three. As to Councilman Berwald'a
second question, Mrs. Crowder explained that there were no consultant
costs to date as a result of negotiations.
Councilman Berwald assumed there were other qualified people in this
field who could be considered. For future guidance, Councilman Berwald
noted that Cousscil had just approved a Consultant Selection Procedure;
but he had a residual feeling that perhaps in these sorts of situations,
perhaps the staff might be well served if it paid for the types of
meetings it bad during the week of May 5th to get someone to come
up with a fairly firs specification of services and then offer those
services out to bid. Everyone seemed to bid these days except consultants,
and there is no real way of knowing whether $58,000 is reasonable
or unreasonable.
Mrs. Crowder thought the city would get a very good report for its
may•
Councilman Comstock remarked that Comeii.tee members had received
in advance of the meeting brochures, letters, and information concerning
the finalist candidates; and the staff report indicated that a considerable
number of firms had responded. One of the things Councilman Comstock
had noticed in particular was that the Advisory Committee vas very
consistent in the way in which they ranked the consultants even though
the members of that committee were voting independently. The other
thingthing that struck Councilman Comstock .. that tf1Y Fin"1;at consul ♦ants
that w�n.��w Comstock we= �-- ....�..aw.. VV6.i Y1i.M..6a
made up a good quality field of candidates. Re pointed out that
staff did not unilaterally develop 'the recommendations, but that
was dome with the Advisory Committee. Councilmen Comstock said he
was swayed bythe fact that this Committee, which bad a fairly good
cross section, bad such a strong feeling about the consultants.
1273
3/10/73
He noted that the city was the developer in this case, and the job
of developing an Environmental Impact Report weighed as heavily on
the city as it would or those in the private sector. Also, consultants
were hired for a somewl.at intangible expertise since they were hired
for their brains, thinking ability, planning skills, etc. This was
very different from buying a transformer, for instance, for which
fairly hard core specifications could be written; and those are fairly
easy to bid against. A consultant provides services which have a
certain amount of gray area, and detailed specifications for the
kind of jobs they do are almost impossible. Councilman Comstock
saw no alternative but to go forwart, as planned. Another point was
that the more that is done in getting into details with sixteen to
eighteen consultants, the more work staff would have to do, and the
higher those costa would go. What happened between April 22nd and
May 5th was the necessary work for staff to come to Council with
a recommendation which would be complete enough to produce an agreement
and a budget amendment. That information might have been available
to the Committee, but that would have put staff and the individual
consultants to additional work. If that were done all the time,
consultants would have to do more work in advance. This might cause
some consultants to drop out and others to reflect that advance work
in their pricing in the long term.
Councilman Clay asked for the criteria used in selecting the candidate.
Mrs. Crowder responded that the state law is fairly clear as to the
exact segments that have to go into an Environmental Impact Report.
In the report to the Finance and Public Works Committee, staff listed
the seven criteria that the Consultant Advisory Committee used for
evaluations. One of these was the nature and amount of the firm's
local experience. Some of the others were absence of possible conflicts
of interest, breadth of qualifications and experience, past experience
in Environmental Impact preparation or in similar studies, and the
specific principles to be assigned to the project. Mrs. Crowder
thought perhaps the qualification most emphasized by members of the
committee was that the firm should indicate experience and the value
of working with citizen and community groups in preparation of the
report.
Vice Mayor Henderson suggested that Council vote on the ordinance
amending the budget and the contract with the Environmental *pact
Planning Corporation.
The ordinance wao adopted and the contract approved on a unanimous
vote. (Mayor Sher not voting.)
gar t Red tion:
Predict on - Cr
Pravocat n by
(1 :276:5)
Chief James Zurcher of the Police Deportment stated that the most
frequently occurring major crier in Palo Alto is burglary; with instances
increasing from 730 per year in 1969 to 1,110 in 1974. Predictions
for 1975 are an increase of 262 or nearly 1,400 burglaries during
the year, Chief Zurcher said the loss par burglary is not great,
averaging $400 per incident. However, the loss in the feeling of
security and the fear of the possibility of physical harm are significant
factors. The methods used in the Deper ant to combat tha rising
trend have been mostly traditional, emphasising enforcement. In
1971, however, the Department initiated new programs directed toward
prevention in vbicb the community assumes an active role in making
itself less vulnerable to criminal attack. Subsequent to the implementation
/ '*-7L
1 2 7 6
5/19/75
of this program, staff devised simple recordkeeping and evaluation
systems which indicate that the program is successful. Chief Zurcher
reported that homes and businesses which have received the crime
prevention treatment are legs vulnerable to burglary than others,
but the program thus far has been carried out with minimal resources
allowing only a small number of homes and business is be involved.
Recently, staff has been wirking with the Criminal Justice Planning
Board of Santa Clara County in developing a proposal for funding
through the Office of Criminal Justice Planning. Council had before
it the proposal which, in effect, enlarges the number of households
and businesses which can receive attention and provides a commuter
based model for predicting which homes and businesses are most vulnerable
to being burglarized. Utilizing this approach, the Departure t expects
to be able to contact 5,400 households and businesses per year.
The total proposed budget for this program is $137,975. Of that
amount, $6,899 needed to come from city funds. Chief Zurcher said
the Police Department was asking at this meeting for Covcil authorization
to submit the proposal to the local Board for funding and for a resolution
indicating Council's intent to appropriate the money. He explained
that if the proposal is approved by the Regional Board and the Office
of Criminal Justice Planning, the item would be returned to Council
for approval of the contract and a budget amendment.
Councilman Comstock understood that the proposal would provide a
management tool, essentially. He wondered if the system would work
just for the existing pattern of burglaries, or if the system could
be modified and adapted according to a changing pattern of burglaries
over the years.
Chief Zurcher responded that he thought the model would be flexible
enough to allow the Police Department to adapt it not only to the
burglaries, but to other crimes as well.
Councilman Comstock said that during the budget review with members
of the Police Department in the Finance and Public Works Committee
meeting, there had been a rather lengthy discussion about burglary
trends and the existing burglary prevention program. Councilman
Comstock asked staff at that meeting to think about the idea of increasing
the rate at which this program would move through the community by
increased expenditures, and that there might in turn be some justification
for this. The existing program seen to have had some positive impact;
and among other things, the result of that is reduced burglary losses,
etc. Staff responded that it would think *bout that, and Councilman
Comstock thought this subject cane to the same point. Working with
the citizens in the community is a way in which the city can effectively
thwart the problem of burglaries. It appeared to Councilman Comstock
that if there were a way in which this could be done more systematically
and at a faster rate, the problem of turnover in the community could
be dealt with. He thought this would be a never ending process,
but one thct needed *11 the help it could get. Councilman Comstock
thought the grant would be something worth having the city pursue.
Property thefts are an aggravating problem in the community, and
anything the city could do to become better managers in dealing with
the problem would be to the good. Cot cilman Comstock hoped his
colleagues would find themselves in a position to support this proposal.
MOTIO31: Councilman Comstock introduced the following resolution
and moved, seconded by Norton, its adoption:
1 7 7 7
5/19/75
RESOLUTION NO. 5091 entitled "RESOLUTION
OF THE COUNCIL OF THE CITY OF PALO ALTO
UTHOAIZING THE EXECUTION OF A GRANT
AWARD CONTRACT AND EXPENDITURE OF MATCHING
FUNDS FOR A BURGLARY REDUCTION PROJECT
SPONSORED IN PART BY AND THROUGH THE
OMNIBUS CRIME CONTROL AND SAFE STREETS
ACT OF 1968",
and further moved, seconded by Norton, that the staff be authorized
to submit the proposal to the Regional Criminal Justice Planning
Board for consideration for funding.
Councilman Berwald felt it seemed strangetoeven question something
that would possibly ameliorate this problem the city has had; but
he had some serious questions about the Rape Program Grant, and, he
had some about this one. This was not because Councilman Berwald
did not feel the grant would do some good; but on the basis of the
information presented to Council, he was fairly unable to assess
the cost/benefit ratio of $137,000 and come up with a recommendation
to proceed. If this were totally city money under discussion, Councilman
Berwald wondered if Council would approve it so readily. He thought
it was more likely that the matter would be referred to a Committee;
but because this is a remote federally funded project and it is "somebody
else's money", there is a tendency to just go ahead with it. Councilman
Berwald stressed that the -oney involved was not someone else's,
but it was everyone's tax money. He had talked to some law enforcement
officers recently about the whole question of grants in the area
of law enforcement; and he found that although the grants total in
the billions of dollars, the crime level continues to climb. Fundings
and grants had become a real industry, and there were now professional
people who would write requests for grants from the Federal Government.
This disturbed Councilman Berwald. Directly to the point, he wanted
to know how four non -sworn persons known as Burglary Reduction Specialists
were going to be hired and trained In home security techniques.
In order to get some questions answered, Councilman Berwald made
the following motion:
SUBSTITUTE
MOTION: Councilman Berwald moved that this grant proposal be referred
to the Finance and Public Works Committee for further study.
The substitute notion failed for lack of a second.
Vice Mayor Henderson wanted to clarify with Chief Zurcher that the
Burglary Probability Factors Program was something that would be
completed and in effect regardless of whether this gram comes through.
The items before Council was really a grant proposal; and Vice Mayor
Henderson understood that If the grant were not received, the three
items under Project Methodology would not take place and some other
way would be found of using the information that comes out of the
BPF Program. Finally, Vice Mayor Henderson assumed the Police Department
would not be involved in hiring people unless it received the grant
fron the Federal Government.
Chief Zurcher stated that Vice Mayor Henderson's statements were
correct.
Councilman Beahrs indicated support of Councilman Berweld's arguments,
and he was sufficiently in opposition to the proposal so that be
could see no reason for the matter to be referred to an overburdened
Committee. In Councilmen Mehra' opinion, the proposal before Council
was symptomatic of the larger problem that people as taxpayers suffer;
1273
5/19/75
and that is a free ride out of Washington. This was one reason why
multi -billion dollar deficits had been the case for so many years,
and this type of program needed to be curtailed if not stopped absolutely.
Councilman Beahrs was concerned also about passing every problem
over to the sacred computer and having less reliance upon human judgment
aisd professionalism. Personally, he believed that three or four
professionals analyzing crimes against the background of their own
experience would be able to come up with a i.;:ofile just as valid as
anything a computer could do, and it might be better and more flexible.
Councilman Clay referred to the Prevention by Prediction part of
the Project Summary where the statement was made that the project
would employ a computer -aided system to predict the time and location
of residential and commercial burglaries. When he thought about
that in relation to the project's specific objective which was to
lower by 2S2 the rate of burglaries in households contacted versus
the burglary rate in those not contact, there appeared to be a hole
which could cause the program to be ineffective. Councilman Clay
pointed out this was a computation of probability, the wrong houses
might be contacted, and that might imply something worth looking
into.
Chief Zurcher responded that the program the Police Department had
been working on for about a year shows that those homes contacted
and given the Crime Prevention Program get burglarized fewer times
than do those homes which have not been contacted. The Department
intended to use the prediction model to identify those homes that
are likely to be burglarized and then conentrate on those homes in
an effort to prevent burglaries.
Councilman Clay noted that Chief Zurcher specified two parameters
time and location. This means that through the computer a pattern
will have been uetermined, and it was not clear to Councilman Clay
bow there would be a signficant impact unless at least 75% of the
city were contacted. He asked how many homes Chief Zurcher anticipated
would be contacted over a period of twelve months.
Chief Zurcher replied that 5,400 homes would be contacted during
the one year period.
Councilman Clay commented this meant that about 25Z of the s
would be contacted.
Chief Zurcher responded affirmatively.
Councilman Berwald pointed out that a statement in Attachment B was
to the effect that the methodology would employ a predictive computer
program presently being de -bugged. He wanted to know how long it
would tare for the de -bugging and why a program was being recommended
for a $260,000 grant for two years when it had not been de -bugged.
Corrected
See pg.1367
Chief Cburcher explained that "de -bugging" was simply the vernacular
of those people who work in the computer business, -and it meant they
were working on getting the program going. The computer people were
confident of :access, and the computer should be completely ready
by September, 1975.
Councilman Berwald said there would-be no great rush for the grant,
and Chief zurcher was assuming the program would be de -bugged.
1 2 7 9
5/19/75
Chief Zurcher commented that there was some urgency in regard to
Council action sauce by June 17th, the Regional Criminal Justice
Planning Rotrd would like to have the grant in its final form along
with some assureeee that the city intended to go through with it.
On that day, the Board will rank the projects in this county which
they intend to fund. Chief Zurcher said he thought this program
was a good one, would ra-=k high in the priorities, and have a good
chance of being eligible for funding.
Councilman Berwald asked if there were any other municiaJfties in
the county, state, or nation applying for grants for this purpose
or who have carried out a similar program.
Chief Zurcher replied that the Criminal Justice Planning Board knew
of no one working on this sort of a prediction model. The City of
Seaside has had a very modest effort which is reported on in the
grant proposal.
Councilmen Berwald asked
the City of Pelo Alto to
those who administer the
to determine whether any
of burglaries.
if any official inquiry had been made by
state or federal crime people, particularly
Omnibus Crime Control and Safe Streets Act,
similar programs had been used for the reduction
Chief Zurcher responded that the Department's questions of that sort
had been directed to the Regional Board, and their staff knows of
no other such project.
Councilman Berwald asked what types of persons the four non -sworn
people would be and whether they would be at all qualified in police
work.
Chief Zurcher explained that those four people would not be sworn
peace officers. They will have no street duties that would involve
detection or apprehension, but they would be crime prevention specialists
trained by police staff in those techniques used thus far in making
homes lass vulnerable to attacks by would-be burglars. Using this
kind of person rather than a police officer who needed to be on the
streets created a considerable savings in terms of dollars.
Councilman Berwald stated that on the basis of Chief Zurcher's responses,
he could not vote for this project. Originally, he had mentioned
the $137,000; but it was obvious this would go on for a second year.
That would be more like a quarter of * million dollars, and Councilman
Berwald thought there vas no evidence at all that would remove the
doubts he had that perhaps there were other programs that this one
would duplicate. He reiterated that he would appreciate having more
information, especially about alternatives. Councilman Berwald expressed
interest in hearing more about the participation of other government
units so this could be a wider ranging study, the possibility of
duplication and overlapping, and the opportunities for other types
of activities for comparison to this quarter of a million dollar
one. Fox these reasons, Councilman Berwald would vote against the
motion.
Councilwoman Pearson vas struck by the Problem Statement with regard
to the fact that the number of burglaries annually occurring in Palo
Alts is increasing at an'incrsasing rata, 6% of the city's structures
would be burglarised, $514,000 worth of property would be taken,
and 12,500 officer -house would be consumed in follow-up work. During
the last campaign, Councilwoman Pearson had talksd to many residents;
1290
5/19/75.
and one of their chief concerns was the number of burglaries taking
place. She asked Chief Zurcher if he had investigated any other
types of programs, whether he thought this proposal was too.aophisticated,
and whether there was duplication of any other programs.
Chief Zurcher commented that lots of programs had been used throughout
the years, and usually the traditional enforcement ones are returned
to where lots of police officers are put on the street to deter criminal
activities. However, that does not seem to do the job. Chief Zurcher
thought it was necessary for the community to take an active part
in making itself less vulnerable; and with a program such as this,
more people would be involved in protecting themselves. As to duplication
of other programs, Chief Zurcher could not say with certainty that
there were none in the nation; but there is no other program such
as this proposed one in California. This program could not only
do something for Palo Alto, but it could provide a model for the
rest of the state and the nation to emulate.
Councilwoman Pearson asked if it would be fair to say that there
would be a 25Z reduction in the amount of property stolen in the
first year and that would mean, in effect, that the program would pay
for itself. Also, zhe warted to know if the number of officer hours
would be effectively reduced if there were 25% fewer burglaries.
Chief Zurcher said he did not really have an answer to Councilwoman
Pearson's questions. His own feeling was that every burglary prevented
reduces the loss of property to some person; and if the burglary
rate could be reduced significantly, the feeling of safety in the
community would be increased and perhaps some other kind of crime
would be prevented from happening at the same time. Chief Zurcher
stressed that he was not saying this with any kind of evidence, other
than the prevention model seemed to prevent burglaries.
Mayor Sher commented that this was not really a new program in Palo
Alto. Without the grant, the Police Department has been trying to
reach citizens since 1971 in an effort to reduce burglaries in the
city. The setter had been talked about a number of time in Council
meetings, and it seemed to be the consensus that the police cannot
do the job all by themselves. It was important to get the neighborhoods
and citizens involved, and the Police Department had directed efforts
toward that end. This program would build on and expand that experience,
which had been successful according to statistics given by the Police
Department. Mayor Sher said the city could not make choices between
other program competing for the same funds. That is a function
of the Regional Planning Board. The Police Department has discussed
this proposal with the Planning Board, and they have urged Palo Alto
to come forward with the application. The Board will judge the application
in relation to others and set priorities. Presumably, the application
would go through mother series of review; and Mayor Sher noted
that ultimately there was some question as to whether the Governor
would allow any money to be spent on programs under this Federal
Act. Since this was a program built on an already successful one
and was moving in a direction thought to be essential in supporting
the police in their activities, Mayor Sher said he would vote for
the proposed grant.
Councilman Clay said money had already bean spent on developing the
computer program, and he asked bow much it would cost the city in
dollars to not receive the grant. He wanted to know if funds could
be recovered that have already been spent in developing the computer
program or if the funds would be used for the program that would
be developed anyway.
�r� r
1281
51.10/75
Chief Zurcher stLted it was the Department's intention to move ahead
with the current program, and it was a small amount that was invested
in it. The Department can make use of it; however, the use would
not be as greet as would be the case with a larger program.
"ice Mayor Henderson had heard a considerable amount of chastisement
of the PoIice Department over the increase in the number of burglaries,
and he was eu rprised that some Council members seemed not willing
to support the Police Chief in what he feels will be a significant
step in attempting to reduce burglaries. Vice Mayor Henderson hcped
each Council member would give the matter a serious second thought.
Councilman Berwald expressed his desire to support the Chief, but
he thought that an expenditure of this amount ought to receive a
good deal more discussion than just an hour at the Council meeting.
John Snow, 105 Lowell Avenue, had been a member of the Police Department
two different times; and he had great respect for each member of
the Department, including Police Chief Zurcher. His own feeling
was that there were not enough patrol cars on the streets, and Mr.
Snow thought that an armed man in a patrol car is the most effective
deterrent there is.
The resolution was adopted and the motion pissed oa the following
vote:
AYES: Comstock, Henderson, Norton,
Pearson, koaenbaum, Sher
NOES: Beahrs, Berwald, Clay
fttti:=11601rain4R:tilf.""6:
MOTION: Vice Mayor Henderson moved, seconded by Clay, that Council
authorize the Mayor to execute a contract with Interiors & Textiles
Corporation in the amount of $6,750 for the installation of the carpet
at the Mitchell Park Community Center.
Councilman Beahrs asked why soft floor coverings were being used
rather than something more durable.
Keith Brune, Director of the Recreation Department, reported there
had been heavy use made of the Center. A number of senior citizens
used this particular Center, and preventing slippage was important.
Also, the acoustics were greatly improved by the use of carpeting.
The motion passed on the following vote:
AYES: Beahrs, Berwald, Clay, Henderson,
Pearson, Rosenbaum, Sher
(Comstock and Norton out.)
Desip Awards Program. (CMR:298:5)
Counciivomaa Pearson had read thus staff report with interest. Eh*
remembered the Beautification Commission and thought that was rather
low-key and not very official. Councilwomea Psareon still felt the
best way was to have Council give the awards. The solution which
1282
5/1 /75
r
staff designated of having the AR'd assume the responsibiltty of annually
selecting commendable projects in several categories should be used;
but Councilwoman Pearson wanted advertising done for a period of
time before the selections so that people could submit worthy projects,
and she preferred that the final awards be presented to the recipients
by thu Mayor.
MOTION: Councilwoman Pearson moved, seconded by Henderson, that
the AFB be given the responsibility of annually selecting commendable
projects in several categories, such selections to be made from projects
nominated by both the ARE and the general public, and that advertising
be done for a period of time prior to the selecting being done, and
that the Mayor present the awards to the recipients at a Council
meeting.
The motion passed on a unanimous vote.
j vtvtot Plaza (CMR: 318:5)
Councilwoman Pearson considered absolutely essential for downtown
Palo Alto that the city purchase the Lytton Plaza site and the adjacent
building. Recently, Councilwoman Pearson had observed young and
old people using the park; and the Senior Citizen's Band was performing
there.
MOTION: Councilwoman Pearson moved, seconded by Henderson, thac
staff be directed to negotiate with the owner for the purchase of
the plaza and the adjacent building.
Mayor Sher asked if it were true that Council could not authorize
the negotiations unless there were money in the budget for the purchase.
George Sipel, City Manager, said the money would have to be in the
budget at the time the city had a commitment to purchase. Council
could authorize negotiations; but if there is a possibility that
the money would t:ot be forthcoming, it would be fairly hard fqr staff
to convince the seller that the city was serious about the matter.
Mayor Sher asked if there were any technical barrier to Council authorizing
staff to go ahead with negotiations on a majority vote.
Mr. Sipel stated that be know of no barriers; and if staff were directed
to negotiate, the first thing they would do would be get an independent
appraisal which would take a couple of weeks.
Councilman Beahrs, although he realized there was a lot of sentimental
attachment to this property in some quarters, felt it would be a
rather sterile facility. Beyond that, he thought the .city hard higher
priorities; notably, there was a need for a Senior citizens' Center
which will cost at least a million dollars if it is ever realized.
Councilman Beahrs' opinion was that this was an extravagance in which
the city could not afford to indulge.
Councilman Clay commented that he would not like to see the city
buy both the plaza and the building and then have to sell the building.
SUBSTITUTE MOTION: Councilman Clay moved, seconded by Norton, that
staff be directed to begin preliminary negotiations with Great Western
and with Mr. Iverson for the purpose of purchasing only the plaza.
1283-
5/19/75
Councilman Rosenbaum agreed c.ith the substitute motion, and he askad
staff what the justification would be for buying the building.
Clayton E. Brown, Director of Budget and Staff Services, commented
that the only reason to purchase the building along with the plaza
site itself would be to alleviate any potential damages that would
result from buying the plaza without the building. Mr. Brown did
not think the city had any use for tha building.
Councilman Rosenbaum noted that the cost involved was $275,000 and
the size was 13,500 square feet, which :leant the city would be buying
land at $20 oar square foot if there were no use for the building.
Re thought the plaza could be purchased for whatever downtown land
is worth and then add in any severance damages there might be. Obviously,
the building had existed independently of the plaza for many years;
and he did not think a good case could be made of the fact that the
two are intimately connected. Councilman Rosenbaum stated support
for the substitute motion.
Councilman Berwald did not think this was a very satisfactory way
of going about acquiring open space in downtown Palo Alto. First
of all, he cringed when he saw a public document such as the staff
letter mention costa since that was something of an open invitation
to the owner to know just about what the city is thinking before
there is an opportunity to talk with him. Councilman Berwald did
not mind negotiating with the owner to acquire open space at that
corner, but the motion was to acquire the entire plaza; and that
seemed to preclude some alternatives. For example, portions of it
might be acquired by open space easement short of purchase. Another
would be utilizing the weapons that the city has to prepare an EIR which
would probably show that the area was used historically as open space,
was improved for open space, and that some portions of it were used
as open space. Frankly speaking, however, Councilman Berwald did
not think the plaza wan ;gut to a lot of use on an every day oasis.
With the prevailing circumstances there, Councilman Berwald suggested
that the city might well obtain ample open space and still provide
the developer with enough development on the site so he could not
successfully bring any action against the city for having deprived
him of his property rights. There is a city parking lot to the east,
part of which could be developed in underground parking or. a one-
story high parking lot using a portion of the present lot for open
space. Further, Councilman Berwald pointed out that there was the
whole question of the alley which runs from Ramona Street to Emerson
Street and the other alley which runs from the rear of the property,
fronting on University Avernus and going back to Hamilton Avenue.
Speaking not against purchase nor for purchase, Councilman Berwald
said be vas interested in a design review of that area in conjunction
with any plans to develop the property, thus determining in advance
just whet kind of treatment would be best for that site which might
not sxtsnI to purchasing the entire open space.
ANZHO T: Councilman Berwald moved, seconded by Reams, that staff
be given the authority to explore avenues other than purchase to
maintain all or a significant portion of Lytton Plaza for public
open space.
Councilman Clay saiL e.building design had already been developed,
and to talk about preserving open.. space beyond what is already allocated
to the design is asking for another building design to be developed.
Further; Councilman Clay gathered€rom theconstraints in regard
to time that the developer would want to go ahead and put up his
building providing the city is not going to purchase the land,
1284
5/19/75
Councilman Berwald stated that the developer has not applied for
a permit to develop any kind of a building.
Mr. Sigel commented that this had been through the preliminary review
at the ARE, but plans had not been submitted as yet to the Building
Department.
Councilman Berwald understood that the developer's plans were so
incomplete that the ARB felt it could not take a position until it
saw more complete plans, and he asked if that ;mere correct.
Mr. Brown responded that the plans from the developer were preliminary
ones.
Councilman Berwald did not want to foreclose the possibility of getting
a significant portion of the open space at a cost far less than purchasing
the entire piece of property.
Mayor Sher noted there was a time constraint in terms of what the
property might ultimately cost because the owner is proceeding with
his plans, and he would want to see the cost of any development plans
reflected in his selling price. The owner has started the process
of getting his plans approved for development on the plaza. It is
made clear in the staff report that of the alternatives available,
the most feasible would be a lease or easement; and the cost for
the full open space would be $1,500 to $2,200 per month. That cost
would add up very fast; and if Council chose that route, it uvula
soon be wondering why the purchase was not made. Even leasing a
portion of the plaza would not be a good Anvestment, end Mayor Sher
said he would vote against the amendment.
Councilman Berwald explained he was not suggesting a delay or the
use of a lease. He was suggesting that Council at least give staff
the option to purchase a perpetual open space easement for a given
amount of money. Secondly, Councilman Berwald thought that if an
offer were made to purchase the plaza and not the building, the severance
costs might be adverse to the city. On the other hand, if the owner
were able to develop a part of Lytton Plaza, then the severance costs
would be much less.
The agent failed on the following vote:
AYES: Baehrs, Berwald, Rosenbaum
NOBS: Clay, Comstock, Henderson,
Norton, Pearson, Sher
Corrected
See pg. 1367
!1
Speaking to the lain motion, Mayor Sher stated he supported the concept
of the motion; but be was a little apprehensive about what it would
lead to in terms of a price figure. Obviously, Mr. Iverson's plans
are to develop the open plaza and to not salvage the building, which
is a rather unattractive one. If the negotiations were to go forward,
Mayor Sher predicted the possibility of the city getting a figure
approaching what it would cost to buy the plaza and the building.
Mayor Sher said he talked earii.r with Mr. Sigel and with a few ambers
of the Task Force on Aging about using this building for a Senior
Center, and he liked that idea. If the site would accommodate a
Senior Center, Mayor Sher thought it was a perfect location. He
also liked the idea of dual use of the plaza by senior citizens and
the senora/ publir: The 'task rorc_ __ ._._- _-_ _ talking
._ _ about
�..� s va vs V� 1l�ii3� llii L<tilII� i�fl1a : a
15,000 square foot building. la order to accomplish that at this
site, the building would have to be torn down and a new one constructed
that old take a small slice of the plass. If Council went ahead
with tbs idea of purchasing the building and the open space, it would
then be in the position of considering that site for a ienbvr Canter.
1213
3/11/73
If that did not prove to be a satisfactory idea, the city could sell
that space with or without the building. In fart, Mayor Sher thought
there was a possibility that the property would be of more value
without the building. He said he would support Councilman Clay's
substitute notion because that will tell something about the cost.
Mr. Sipel reported that staff's feeling was that a Senior Citizens'
Center could be accommodated but with two floors, rather than one.
The only practical problem would be the parking one. That problem
could probably be overcome within the area designated in the report
as a potential site for a Senior Center.
Mayor Sher also mentioned that the Task Force might have some concern
about a two-story building. Some of the sites that had been mentioned
for a Senior Citizen Center were poor ones, and this would be a very
good location.
Councilwoman Pearson reminded everyone that Lytton Plaza had a history
of more than confrontation because it was an open space plaza long
before it was used for demonstrations. The site was used extensively,
and it still is. Councilwoman Pearson thought Mayor Sher'e suggestion
that the site could be used for a Senior Center was a good one, and
the Task Force members are talking of collecting about two million
dollars. It was Councilwoman Pearson's first preference that the
entire property be purchased, but she would support the present motion
for the purpose of receiving information.
The substitute motion passed on the following vote:
AYES: Clay, Comstock, Henderson, Norton,
Pearson. Rosenbaum, Sher
NOES: Beahrs, Berwald
(Councilmen Norton and Rosenbaum left at 11:05)
7tofCouncl P
t Time chimer'
and Leaf Blowers
Councilwoman Pearson had received a phone call from a citizen who
had been subjected to four days, eight hours each, of horrendous
noise from a tree chipper. She said a tree chipper was almost bearable
for about fifteen minutes, but more than that was a gross violation
of sae's right to expect peace in one's home. Councilwoman Pearson
thought it was outrageous that the city provided ear muffs for the
workers involved and evidenced no concern for residents of a neighborhood
where the chipping was being done. She did not see why the city would
be so enlightened as to enforce a noise ordinance and then proceed
to use this kind of a machine. It seemed to Councilwoman Pearson
that it would cost just a little more to do the grinding at the dump.
Purthermore, it vas ridiculous to encourage this noise by raising
the dump rates for uncbippsd trees and garden rubbish; and some system
should be set up so that the chipping would be done at the dump.
MOTION: Councilwoman Pearson moved, seconded by Henderson, that
tree chipping be forbidden in the City of Palo Alto, including that
done by city tree trimmers, and that staff require that chipping
be dons at the dump, and that sass area at the dump be set aside
far tree cbip;i... to prevent this noise in the city.
5/19/75
Councilman Beahrs could not imagine any situation where it would
be necessary to do tree chipping in one neighborhood for four days.
Mr. Sipel said this particular work had been done by a commercial
tree chipper. Normally, it had been the city's policy to provide
a class exemption for this type of activity and permitted tree chipping
for no more than two days at a single location. One of the problems
is that the city owns about five of the tree chipping machines; and
when they were purchased, technology had not been developed that
would reduce the noise. Since then, that technology has been developed;
but the city was not quite ready to buy near chippers. The last two
machines purchased had some sound deadening devices but not really
enough to bring the noise down to a tolerable level. Mr. Sipel felt
there were probably some things that could be done to alleviate the
problem, but he would not like to see the requirement that tree limbs
be taken to the dump since that would increase the city's costs substantially.
Until the city can set an example by purchasing more quiet chippers,
perhaps it would be a good trade-off to allow chipping at a single
location for the maximum of one day; and Mr. Sigel thought there
was latitude within the existing ordinance to make that requirement.
Councilman Berwald asked why it would be more expensive to haul the
material to the dump for chipping.
Mr. Sipel responded this would be
for transporting additional loads
chippings, and the ratio might be
to the dump with limbs versus one
would eventually bear the cost.
the case because of the time involved
of large limbs rather than the
something like three or four loads
load with chippings. The homeowner
Councilman Berwald agreed with Councilwoman Pearson that it was a
gross violation of an individual's rights to have a tree chipper
operate near his home for several days, and it would be better to
have the limbs hauled to the dump at a slightly increased cost.
He added that probably only two chippers would need to be used if
the work were done at the dump. Councilman Berwald asked if there
were any noise subjects already being discussed by the Policy and
Procedures Committee.
Councilwoman Pearson responded affirmatively.
Councilman Berwald asked Councilwoman Pearson how she would feel
about having this subject considered with the others on noise control
in her Committee.
Councilwoman Pearson commented that she did not believe that hauling
the trees out to the dump would coat that much more money. Because
the city has a noise ordinance, it should be said that there will
be no more tree chipping noise on the streets of Palo Alto. Conrilw an
Pearson said that the subject in Committee had to do with noise emanat:.ng
from industry, commerce, swimming pools, etc.; and that was now in
the hands of the staff.
Vice Mayor Henderson agreed with the idea of having two chippers
do the job at the dump, and that would create a savings that would
offset the cost of additional truck trips. Five machines in operation
in various parts of the city at the same tine meant that a lot of
people were being subjected to the noise. Vice Mayor Henderson wanted
to stove ahead with getting something done about reducing the noise and
the mount of equipment used.
17 Ae i
5/19%75
d (4',/
Councilman Comstock thought it were a possibility that in the lung run
it would be cheaper to buy chippers that do not make any noise. A
range of possibilities could be looked at such as buying the quieter
machines, moving the noisy ones_somewhere else, or some combination of
the two. Atao, perhaps it would be possible to buy some new equipment
to add to the existing chippers that would bring the noise level down
to that of the current line of machines. If the chipping is done at
the dump, there would be a lot of driving hack and forth. Councilman
Comstock wanted to get some information a number of alternatives and
then choose the best one.
Mr. Sipel felt that before Council made a decision, it should get some
idea of what the alternatives are from economic and noise -reduction
viewpoints. It was Mr. Sipel's preference that staff provide Council
with a report on alternatives, and then Council could make its decision.
MOTION RESTATED: Councilwoman Pearson moved, seconded by Sher, that staff
report on the feasibility of requiring that chipping be done at the dump,
that an area be set aside at the dump for chipping, and that staff
study other alternatives to mitigating the noise from tree chippers, with
the report to come back to Council.
The motion passed on a unanimous vote,
e nest of Councilman Comstock for
ounc rect on to PACDAB Concerninj
the Pamphlet "Uncle Sari Vie Pusher i4an"
Councilman Comstock stated that subsequent to sending his memorandum on
this subject to Council members, he was contacted by Lincoln Mitchell,
Chairman of the PACDAB board. He suggested that Mr. Mitchell address
Council before a motion was made.
Lincoln Mitchell, 285 Hamilton Avenue, said that in response to Council-
man Comastock's request, PACDAB considered a motion at its last week's meet-
ing concerning the distribution of the pamphlet "Uncle Sam the Pusher Man".
Mr. Mitchell reported that the publication under discussion had been
entirely financed by the staff members or other sources, and city funds
had not been involved in any way. The only contact of the program with
the publication is that the pamphlet is available at the program facility,
and it bears the stamp of The Collective Drug Abuse Program with the
address. Mr. Mitchell said that about a year and a half ago PACDAB vas
asked to advance the funds for publication of this document, and that
request vas denied. Therefore, staff members used their own funds and
their own time on the pamphlet. At the last meeting, PACDAb considered
nether or not of direct the staff to-COMM any involvement with the
publication as a staff as opposed to exercising their individual
rights to distribute whatever they felt was appropriate. That aotion
did not pass; and, in effect, that was the response to Councilman
Comstock's request.
Councilman Comstock wanted to be sure that his intended motion was
much the same as the one that PACDAB considered at its meeting.
Mr. Mitchell said the resolution was roughly as follows: "The Collective
staff shall not distribute or in any way associate itself or the
program with the publication 'Uncle Sam the Pusher Man'", and that
failed on a nine to five vote.
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5/19/75
Councilman Comstock thought that given this advance response, it
would be somewhat futile to make the same request again; although
a regtest acted upon by Council might receive a different response
from PACDAB, He said he would appreciate comments from his colleagues.
Councilman Berwald thought Councilman Comstock should make the motion.
Mr. Mitchell reported that the Board has looked unfavorably upon
his motion to do the same thing; but Councilman Berwald wanted to
go on record one more time. This was the wrong way to spend one's
time with public funds; and although they have been told this a number
of times, The Collective takes the attitude that what they do with
our money is their business. Councilman Berwald did not like that
attitude and thought perhaps if this group heard how Council felt
one more time, reason would triumph.
Vice Mayor Henderson suggested that the motion concern itself just
with the pamphlet rather than at this time try to receive assurance
about better control of such activities in the future. That would
be discussed at upcoming meetings.
Councilman Beahrs was in favor of the entire motion being put before
Council, and he personally thought the words "ill-advised" should
be changed to "seditious".
Councilman Comstock commented that some Council members had chided
him for being restrained, but these were really his own thoughts.
Personally, Councilman Comstock did not believe the problem was just
this one booklet; and his concern was the identification on the publication
gave it a direct connection with a city -funded program. Also, Councilman
Comstock did not feel there was any certainty that Council would
not be faced with some sort of similar problem in a few months.
He decided it was right to make a direct request and not settle for
an advance answer.
MOTION: Councilman Comstock moved, seconded by Beahrs, that Council
direct PACDAB to withiraw from circulation the pamphlet, "Uncle Sam
the Pusher ?fan", and that Council receive some assurance from PACDAB
that they will provide better control over the distribution of such
ill-advised information in the future.
The motion passed on a unanimous vote.
• t f t c
Posit on to A,saeasaejlt yieezg
Councilman Comstock was aware of Mayor Sher's etatement to the prose
recently regarding his hope that Council would deal with the sa`atter;i
of soaring assessments and their implications in terms of their effect
on property tax rate based revenues. He said his memorandum could
have been much longer, but his point was evident.
MOTION: Councilman Comstock moved, seconded by Henderson, that the
Mayor be authorized to sand a letter to the Governor, our representatives
in the state legislature, the Board of Supervisors, and the Palo
Alto Dnifi,d School District Board of Trustees expressing the opposition
of the Palo Alto City Council to the concept of a freeze on property
tax assessments.
Mayor Sher vas concerned about the dramatic increase in asserssed
valuations and bat that means to taxing agencies in teams of revenues.
as boa ..s....d his srs, ... ...ws warn aaipss..siws aioaaasta,i- twt
4
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5/19/75
the taxing agencies would take the impacts of the increase into account
when setting a tax rate. a,sothet approach that had been suggested
Yes freezing assessments as of some date, and Mayor Sher felt that
would have the potential of built-in inequities, Taking a position
on that abstract proposition before there was any particular bill
to which a response could be made was something Mayor Sher preferred
not to do. He said he would rather see the bill when it is proposed;
and if it has a local impact, a position could be taken and communicated
to the legislators.
Councilman Comstock commented on the extraordinary amount of public
coverage of this issue; and almost every legislator, including himself,
felt obliged to speak on it. This is the kind of environment that
tends to lead to bills being presented, and Councilman Comstock was
concerned about any over -reaction that might occur. Given the statements
of various members of the State Legislature, some faulty legislation
seemed to be in the offing. Hie own thought was rather than struggle
with some ill-advised bill that was likely to appear in the Legislature,
it might be well to state Palo Alto's position now.
AMENDMENT: Councilman Berwald moved, seconded by Beabrs, that the
following paragraph be added to the motion: "The City Council favors
an alternate remedy, i.e., to significantly reduce government expenditures
at all levels".
Councilwoman Pearson thought this was commendable, but perhaps the
motion should also say that Council would be interested in some kind
of a tax other than a property tax; and cousideration should be given
to other methods of getting the funds to pay for all the services
everyone seemed to be demanding.
Councilman Comstock thought this subject went back to SB-90 and the
really great concern that was expressed about the over -reliance on
property tax for revenues for many programs that had only the faintest
rationale for being based on a property tax. This led to an enormous
upheaval as to the way education would be financed in the state.
It was Councilman Cosstock's feeling that that had not been an appropriate
source of funds: for education. His personal idea was that a graduated
T__,....t; tax Ada a lot. more sense for funding educational expenditures.
Vice Mayor Henderson commented that last year the budget had been
completed for a property tax; and when the assessment came in, it
was "x" higher than the budget. Au attempt was made to reduce the
property tax by two cents which would have put the amount back to
the budget that was already before the city. Vice Mayor Henderson
thought this was something that should be kept in mind each year.
When a budget has been prepared based on a reasonable expected increase
in the property tax and it comas in 15Z higher, then Council had
the obligation to offset it by reducing the property tax as well
as -reducing expenditures.
Councilman Bsahrs remarked on the high income taxes which were a
huge burden to most people, and the property tax was nothing compared
to that. He thought Councilmen Comstock's motion was premature,
end Councilmen Bervald's amendment was entirely to the point. It
was time to reduce the so-called "services" that everybody indulged
themselves in.
Councilman Comstock initially tried in his motion to keep out of.
all the alternatives and address himself to just one segment of the
tax situation. Vitt getting into the merits o, _tI propertytar
ayateci, ha feet that as fang ah-- tiwere Mere going to be a party
1 2 9 0
3/19/75
tax structure that it should be based on an equitable foundation.
Regarding the amendment, Councilman Comstock said he was not adverse
to discussing that subject as a separate item; but his hope was that
Council would address itself only to the assessment issue.
Mayor Sher reiterated that this was at the concept stage, and there
was no bill in the legislature at this point to freeze assessments.
SUBSTITUTE NOTION: Mayor Sher moved, seconded by 3eahts, that this
matter be tabled until such time as a freeze on assessments is actually
proposed and there is a bill in the State Legislature.
The motion passed on the following vote:
AYES: Beahrs, Berwald, Clay,
Pearson, Sher
NOES: Comstock, Henderson
Reaueat of Councilman larvald_ re
Uniform Enforcement of Use Perms n itiens
Councilman Berwald real his memorandum to Council. "During the past
several months, I have been (ware of the persistent efforts on the
part of staff to enforce use permit regulations for a nursery school
on Middlefield Road. In an effort to understand thoroughly the methods
by which use permit conditions were set and enforced, I asked staff
for a list of all of the nursery schools in the city; and they provided
such a list. t would like to be convinced that we have some uniform
and equitable criteria for establishing use permit conditions and
that requirements for one use permit are not more strict than conditions
on any others. In other words, I want to be assured that in every
way our setting and enforcement of such conditions is just and based
on an explainable and definsible set of criteria. Accordingly, I
am asking that the staff analyze this situation and indicate to the
Council any recommended changes in the use permit procedure that
will assure the goals that i have set forth above."
MOTION: Councilmen Berwald moved, seconded by Clay, that staff analyze
this situation and indicate to Comacil any recommended changes in the
use permit procedure that are necessary to assure the goals as set
forth in his memorandum of May 14th, 1975.
Mr. Sipe3 saw two parts to the assignment. One of these was the ee tiig
of the conditions where Council plays a major role. The staff recommends
conditions, Planning Cosmiiasion agrees or modifies them, and Council
sate them. Mr. Sipel though* in some of those situations, the public
gets involved; and that is where the conditions become more excessive.
Those applications that do not experience this pressure are those
that go through as staff suggested. Regarding enforcement, staff
took care of that on a complaint basis. When a school is to be located
in a neighborhood where there is a lot of concern about the development,
staff tended to spend a lot of time on the item. At this time, there
was not a uniform procedure for reviewing such use permits. Staff
could do a report and make some suggestions to Council.
Vice Mayor Beoderson expressed concern about the enforcement of conditions
under P -C so.:.iing, and he wished that could be worked in with the
present motion.
'~ �r 5119/73
Councilman Berwald said he did not include P -C zoning because each
P -C is so different that Council, staff, Planning Commission, and
the ARB put use conditions on them depending upon the size, effect
on the surrounding area, etc. The P -C study would be a very difficult
one, and Councilman Berwald would like to see it handled separately.
Mr. Sipel reported that last year staff initiated a program to review
all the PC zones in the city. That has been completed, and all the
properties are either in compliance, in the process of being in compliance,
or are meeting with the City Attorney. A report had been sent out
about two months ago reviewing that program, and that could be sent
out again. Much work hsd been done with P -C zones, but there was
not enough staff to continue that kind of as effort. Two or three
years ago, staff suggested a fairly comprehensives program to the
nuncil at budget time; but it was not looked upon with much favor.
Since there was no program, staff had to enforce only on a complaint
basis.
Councilwoman Pearson stated that several years ago she asked that
the P -C zoning procedures and the loopholes that are apparent in
the P -C zoning be investigated. That was sent to the Planning Commission.
It never came back, and Councilwoman Pearson assumed it never would.
She asked Councilman Berwald if he would add "whether or not" to
his motion after the words "indicate to the Council", "Nursery and
Day Care" before the words "use permit procedure", and "and that
Council may have established" at the end of the motion,
Councilman Berwald accepted the suggested changes except for adding
"and that Council may have established", and his seconder, Councilman
Clay, agreed.
MOTION RESTATED: Councilman Berwald moved, seconded by Clay, that
staff analyze this situation and indicate to Council whether or not
any changes in the Nursery School or Day Care use permit procedure
are necessary that will assure the goals as set forth in Councilman
Berwald's memorandum of May 14th, 1975.
Ccuncilman Comstock commented that even with the changed wording, he
was still uneasy because he assumed staff was doing this all along;
and he vas prepared to accept that these kind of reviews are done
in due course and in the proper way by staff.
The motion passed on the following vote:
AYES: Beahrs, Berwald, Clay,
Henderson, Pearson
NOES: Comstock, Sher
Cug�estions of Councilpan Bertia1d : ,
o ication on Crime in Palo Alto
Councilman Berwald thought that the lass the staff and Council communicated
with the public on one of the most intimate, pervasive, and potentially
disastrous aspects of a municipality - such as crime -- the less interest
the public had in taking part in the reduction of crime. He said
he would appreciate it if his colleagues would think about this subject
over the next several weeks and make comments when it was again addressed.
MOTION: Councilman Berwald moved, seconded by Pearson, that this
agenda item be continued for one swath.
1 2 9 2
5/19/75
The motion passed on a unanimous vote.
Request of Coi nt j l awn B rwik6
re e_ rucks on Charleston Avenue
Councilman Berwald had received a complaint about trucks on Charleston
Avenue, and he asked if staff were aware of the problem.
Mr. Sipel reaponded that staff had the letter concerning this matter.
Jai of C mac 1 Berwald
Silva Avenue Si va Cour
Councilman Berwald stated that on May 5th, 1975, as a result of an
inquiry by residents in Silva Court, a motion wes passed that the
city indicate to the City of Mountain View its willingness to consider
the desires of the majority of residents on Silva Avenue and Silva
Court to be annexed to the City of Palo Alto and that staff discuss
the matter with the residents and prepare an economic analysis as
to the cost to the city and the residents. Councilman Berwald assumed
that process is underway and that there would shortly be a letter
to the City Council of Mountain View from Mayor Sher. The residents
are getting a little bit apprehensive because they understand that
as of July lst, 1975, their fire protection will cease; and Councilman
Berwald wanted to bring this particular aspect of the problem to
the attention of Council members. Perhaps the sphere of influence
could be changed to Palo Alto so that this city could provide fire
service after midnight, June 30th.
Mr. Sipel said the staff position is that the city would offer to
provide fire protecticn to any area within Palo Alto's sphere of
influence, but the city should not provide that service for an area
outside of its sphere of influence. The appropriate route would be
to discuss with Mountain View City Council the possibility of changing
the sphere of influence, but Mr. Sigel guessed that woulc: not happen
by June 30th.
Mayor Sher commented that action was being taken on the previous
motion with regard to diccuscing the sphere of influence.
Councilman Berwald said that the people in the Silva Avenue area
felt they might get some favorable treatment if a letter from Palo
Alto Council were received by the Mountain View Council, and that
is in process. A suggestion was made that a letter be sent from
Palo Alto to LAFCO asking for the where of influence to be changed
to Palo Alto, and Councilman Berwald wanted to know if that were
a valid course of action.
Mr. Sipel thought that should come at some point, but initial contact
should be made with Mountain View.
Oral Communications
I. Frank Manfredi, 219 Addison Avenue, addressed
Council about present day taxation and assess-
ment systems.
2. John FredAch, 157 Bryant Street, spoke in
opposition to the idea of an assessment freeze.
1 -2--9-
5/19/75
to Cancel the
�unci ei et�uA y 2'th
MOTION: Councilman Comstock moved, seconded by Berwald, that the
Council i:eeting of May 27th, 1975 be cancelled.
The motion passed ou a unanimous vote.
, dlournement
The Council meeting of May 19th, 1975 adjourned at 12:03 a.m.
ATTEST:
Mayor
APPROVE:
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5/19/75