HomeMy WebLinkAbout11241975CITY
COUNCIL
M!NUTES
Regular Mee t ing
November 24, 1975
CITY
or
PALO
ALTO
ITEM PAGE
Minutes of October 14, 1975 and October 28, 1975 4 1 3
Oral Communicatioes 4 1. 3
Consent Calendar - Action Items 4 1 4
Weed Abatement Program 4 1 4
Resolution re Living Christmas Trees 4 1 4
San Antonio Road Irrigation System: Award of Construction
Contract 4 1 5
Municipal Service .:enter - Inatallstion of Gasoline Tank:
Award of Construction Contract 4 1 5
Racommendetions of finance and Public Works Committee re Electric
Utility Rates 4 1 5
Recommendation of Policy and Procedures Committee rt Old Police/
Fire Building 4 2 0
Finance and Public Works Committee Rocommendetioa re Radio
Station EZSU 4 2 9
Recommendation of Finance and Public Works Committee re Cable
Television 4 3 0
Recommendation of Planning Csiioaian re Raylanda Master Plan
Scope of Services
Resolution re Nuclear Safeguards Initiative
Certification of Final EIR - Willow Road
Santa Clara County W:»- Junipero Serra Boulevard Report
Rowell Bond Stop Signs
Holiday Inn Street Directional Signs
4 1 1
11/24/75
430
4 4 1
441
454
455
455
1
1
rTEM (Continued) PAGE
Dog Exercise Areas 4 5 6
Request to Use Piggyback Funds 4 5 7
Oral Communications 4 5 8
Adjournment 4 5 8
412
11/24/75
% r -
November 24, 1975
The City Council of the City of Palo Alto met on this date st 7:40 p.m.
in a regular meeting with Vice Mayor Clay presiding.
PRESENT: Beahrs, Berweld, Carey, Clay,
Comstock, Pyerly, Sher, Witherspoon
ABSENT: Norton
MINUTES OF OCTOBER 142 1975
Councilman Sher requested that the word "other" be inserted between
"any" and "crepe cts" is the sixth line from the top of page 298. He
also stated that the fifteenth line on that page should read as follows:
"number of unite spread out in a certain way on the acreage".
Councilman Eytrly referred to the fifteenth line from the top of page
312 and requested that the word "not" be inserted between the words
"is" and "being".
MOTION: Councilman Comstock moved, seconded by Witherspoon, that
the minutes be approved ea corrected.
The motion passed on a unanimous vote.
I ITA4Yi"QF'!1.1lOCTOBER 28, 1975
Councilman Beerwald referred to the third paragraph on page 338 and
requested that the word "thee" be deleted before the wards "public
transit". The sentence immediately following those words should be
corrected to read: "It was of some concern that county public transit
was unable to provide the services".
MOTION: Councilman Comstock mowed, seconded by Eyerly, that tbe;minutees
be approved aas revised.
The motion passed on a unanimous vote
ORAL COMMUNICATIONS
1. Cole 11. Richmond, 263 Chestnut Avenue, President of the
Cbastuut/Silton ids liars' Association informed Council
of the death of Mrs. Corrine Brasier in DaXlaa, Tomas, November
21, 1975. Mr. Richmond noted that Mrs. Brasier had devoted
much time to civic interests in the community and had been
instrumental in affecting a number of worthwhile projects
in Palo Alto.
413
11/24/'5
Vice Mayor Clay thanked Mr. Richmond and said the death of
Mrs. Brasier was a great loss to everyone who knew her.
1
2. Robert Mark, 725 Cowper Street, speaking on behalf of the
Committee for Green Foothills, requested that the item on
the agenda with regard to the Environmental Impact Report
on Willow Road be postponed until the next Council meeting.
He stated that the final EIR had net been available from
the Planning Department in time for the public to adequately
review it.
Vice Mayor Clay commented that it would have been appropriate
for Mr. Mark to make his remarks when Council addressed the
Willow Road item.
3. Hal Hudson, 535 Everett Street, Preside et of the Palo Alto
Housing Corporation, reported to Cecil the present status
of the Webster Block. He said the staff of the State Housing
Finance Agency has approved the site, and that is the first
of a number of steps that needed to be taken. Mk. Hudson
felt quite sure that the fact that the city had Iaandbanked
the property had something to do with the Agency's decision.
The next step will be that the staff will recommend that
the Agency's newly appointed board also approve the site.
They have visited the site and recognised the advantages
of it, including its locati.onc Mr. Hudson said the members
of the Loard would be coming to Palo Alto to mast with PARC
members in the next weep or two: aid assuming the Board approves
the project, an economical feasibility study will be entered
into:.
CONSENT CALENDAR - ACTION ITEMS
Mayor Norton asked if Council were ready to vote on the Conaent Calendar.
Councilman Eyerly asked that Item 5 (Holiday Inn Street Directional
Signs) be removed from the Consent Calendar.
Mayor Norton stated that Item 5 of the Content Calendar would become
14-A on the regular agenda.
Councilman Beaters requested that Item 6 (Dog Exercise Areas) be removed
from the Consent Calendar.
Mayor Norton stated that Item 6 of the Consent Calendar would become
14-B on the regular agenda.
The following items remained for voting on the Consent Calendar:
.,,WEED ABATEMENT PROGRAM (0:557:5)
RESOLUTION NO. 5155 entitled "RESOLUTION OF
THE CITY OF PALO ALTO DECKING WEEDS TO BE
A NUISANCE AND SEi'FI1NG A HEARING"
JUBEIMALLIKEREUREEMLEER
RESOLUTION NO. 5167 entitled "RESOLUTION OF
'111 COIL OF THE CITY OF PAID ALTO SUPPORTING
THE USE OF LIVI$G CHRI4TMAS TIEES AU THE
SUBSEQUENT PLANTING or SIB TREES IN THE PALO
ALTO BICENTENNIAL REDWOOD GROVE OR OTHER
SUITABLE PUBLIC AREA?"
4 1 4
11/24/75
Corrected
See pg.
SAN ANTONIO ROAD IRRIGATION SYSTEI:
/►WARD OF CONSTRUCTION CONT (ZMR :570:5)
Staff recommends that Council find this project has no significant
environmental impact and authorize the Mayor to execute a contract
with A & J Shooter Associates, Inc. for San Antonio Road Sprieeler
Irrigation System Project (72-36) in the amount of $28,160.
PTtICIPAL SERVICE CENTER -
INiSTALLATION OF GAS n TANK:
CONSTRUCTION CONTRACT (cMR:569:5)
AWARD OF
Staff recommends that Council find this project has no significant
environmental impact and authorize the Mayor to execute a contract
with Redwood Builders for installation of Gas Tank Project No. 75-02
in the amount of $18,066.
The four items on the Consent Calendar were adopted/approved an a
unanimous vote.
RECOAQIf:�T')i ATIONS Old FINANCC AND PULCL C
WORKS Ct MITTFE RE ELECTRIC t� 'TES CM:531:5)
Councilman Berwaid, Chairman of the: Finance and Public Works Committee,
referred to the report from Edward K. Aghjayan, Director of Utilities,
with regard to the resolution which would revise electric utility
rate schedules. He said the revisions would take effect January
1, 1976, and they would adjust the rates of residential and commercial/
industrial customers to maintain their balance with surrounding co+mmiunities.
POTION Councilman Berwald, on behalf of the Finance and Public
Works Committee, introduced the following resolution and moved its
adoption:
RESOLUTION NO. 5168 entitled "RESOLUTION OF THE
COUNCIL OF THE CITY OP PALO ALTO SING
SCHEDULES E-1 AND E-2 OF THE CITY OF PALO ALTO
UTILITIES RATES AND CHARGES PERTAINING TO DOMISTIC
AND, COMMERCIAL ELECTRIC RATES"
end moved, that Council adopt the concept of rate differentials for
minimum energy needs of the average residential user fnr future electrical
rate changes; and that Council direct staff during the upcoming butget
process to review, prepare s report and make recommendations concerning
electrical utility rate levels and particularly the possibilities
of reducing ec evhat the differentials between PG&E rate levels and
those in effect in Palo Alto.
Councilman Berwald explained that these actions would approve the
re -structuring of electrical rates and institute what is known as
lifeline rates in order to bring Palo Alto rotes more into balance
with those of neighboring communities. This would also provide e
level of 300. kilowatts per month at a ten percent discount for all
users. Councilman Bsrweld added that the effect of this re -structuring
will be a decrease to residential users and an average increase to
cosmercial/industrial consumer,. 'era. His reason for keeping this subject
in Committee and suggesting that staff make recommendations concarnivg
rate level*, particularly with regard to reduciug the differentials
between rates charged PG1 users and those in Palo Alto, was that
4 1 s
11/24/75
Corrected
See pg. 527
Cox recte.d
See t -g. 527
the rate level seemed to be widening between the city's electric
rates and those of PG&E. This widening was due to the fact that
Palo Alto's electrical power comes from hydros while PG&E's is manufactured
largely from fossil fuels; and the price of fossil fuels has gone
up quite a lot. Some concern was expressed during the Finance and
Public Works Committee meeting that in the past, the residential
rates were much lower than PG&E's. In fact, there was more of a
difference between the residential rates and PG&E's than there was
between commercial rates and PG&E's; and this seems to have turned around.
So there was -some concern that this should be looked at to determine if an
adjustment could be made so the differential between PG&E and the
city's rates would not be lower in the case of commercial/industrial
users compared to residential users. Counciinsan Berwald pointed
out that basically, the city'o rates reflect the cost of aervice
with the exception of the allowance made for a basic 300 kilowatt
service to provide at a lower rate the initial quantity of this particular
resource. Speaking for the Committee, Councilman Berwald wanted
to assure Council and the public that these adjustments provided
ample funds for operating assistance, particularly in view of the
action Council took lest year to increase the funds approximately
six hundred thousand dollars. At the committee meeting, there were
some comments made about possibly lumping together the rates of the
various utilities, but the Charter requires each utility to stand
on its own This is why the Committee was preseru cha .gels in the
electrical rates at this time; and in a few weeks, it would be presenting
some adjustments to the gas rates. Councilman Berwald stated that
the recommendations were unanimous decisions on the part of the Finance
and Public Works Committee, and he was sure that all of the members
of the Committee would agree that Mr. Aghjayan and his staff had
done a fine job its this particular area and were continuing to approach
the matter in a very businesslike way.
Councilman Sher commented that he was one of the members of the Finance
and Public Works Committee, and the motions made were those which
he had introduced in Committee, Obviously, he would strongly support
them; but at the Committee level, Councilman Sher had made another
notices which had received a tie vote. At the appropriate time, Councilman
Sher would renew that motion.
14r. Aghjayan commented that the new rates would result in no change
in than total electric revenues to the city. but they would result
in a 102 decrease at the minims usage level, which is 300 KWH ; a
7,32 dec-sass for the average residential single-family user; and
au average 2.62 increase for commercial/industrial customers.
Gail Beaker, 796 Gailsn Avenue, per of the Conau a r Task Force
of the Valley Coalition, stated that the group was concerned about
the proposed electrical rates, specifically - the lifeline rate.
Joe Pickering, 3931 Grove Avenue, President of.the Santa Clara Valley
Coalition, said the mambers of the Coalition passed a resolution
favoring, lifeline rates at its convention in March of 1973. Since
that time, s kiers of the Coalition had been lobbying with elected
representatives from Santa Clara County and pining their -support
in the scatter. 14r. Pickering cored that one of the recent legislations
signed by Governor Brown was the basic version of the bill the Coalition
had approved. The _coalition was pleased that Palo Alto was moving
in the direction of -lifeline rates; but as it understood the report,
Palo Alto's plan did not go as far as the PUC version. It appeared -
there was still a disproportionate distribution of rates in favor
of i.ns retrial users and a disproportionate burden on small to medium
sized bueinasses and oe =slier her types. of industry. Mr. Pickering
requested Council to - postpone action on the proposed ratan so the
issue can be further espl.ored, especially in ,rise -of the fact that
416
11/24/75
the gas rates are not yet available for perusal. In concluding his
remarks, Mr. Pickering said the rates did not seem to be following
the PUC, PG&E state legislation.
Joshua Goldstein, 1082 College Avenue, member of the Santa Clara
Valley Coalition, applauded the direction set forth in the staff
report for changing the utility rates in Palo Alto. The direction
was the same as that which was occurring on a statewide basis, pushing
the new costs on to the large industrial users. The thought used`
to be that it was cheaper to provide power to the largest users;
and the more someone used power, the cheaper it was*_ That is no
longer the case, and a lot of changes have been made in the rate
structure resulting from that new situation. The concern of the
Coalition, according to Mr. Goldstein, was that the city's proposal.
did not go fair enough; and it certainly did not go as far ea_ the
new statewide rates. He recalled that in 1969, industry was getting
about a five percent rate below PG&E; and today, they get a forty--
eight percent break in Palo Alto. Meanwhile, single family residential
rates have gone from about sixteen percent to thirty-three percent.
Eve*ry:ne wets enjoying a better situation, but going from sixteen
to thirty-three percent does not compare with going from five to
forty-eight percent. Although Palo Alto was setting cheaper rues
relative to PG&E, it was not catching up to the statewide ehanges.
Mr. Goldstein said the Coalition would like to ask some questions,
aed its concern vas that adequate time be allowed for ataff to prepare
answers and receive community input before a final decision was made.
Following are some of the questions which Coalition members would
like to have answered. Over the past six years, what percentage
of the electricity has been used by the large induatrial user, the
large commercial user, small commercial user, and apartment dweller?
What proportion of the revenue has come from each of those categories?
How ?leech has each of these been below the PG&E rates? Who are the
ten largest indua ria1 users? Now much electricity do they use,
and how much revenue do they generate? If it is true that under
the proposed rates, industry will get a forty-six percent break as
compared to forty-eight percent given by PG&E and industry uses nearly
half of the electricity, does this not amount to about 3.1 million
dollars that industry is saving compared to what they would be paying
in some other city? If so, could this three million dollars he plowed
back into the city budget; and what effect would that have on property
rates? The Coalition understood that the ges rates were yet to be
set; sad the members were concerned about the effect of electric
rates not only on residential users but also on ?mall businesses,
which seemed to be getting the short end of electric sites in Palo
Alto. Mr. Goldstein coucluded by eaayiug the Coalition would appreciate
it if the matter could be delayed for a few `seeks until there were
answers to the questions asked and until embers of the community
could respond to the proposed rates.
Councilman Berwald thought the comments made by the speakers deserved
a response, and he would not want anyone to think that the remarks
made concerning a forty-eight percent break a.nd a thirty-three percent
break had any resemblance to the truth. He saidthe reason the large
industrial/commercial users were suddenly going into the forty-five,.
and fifty percent ramie below PG&E is because of the cost of fuel.
PG&E has tacked on to its rate a fuel adjustment clause which means
that for every kilowatt s PG&E customer buys, fifty-nine and one-
half cents has to be paid whether the u°sr is a sera1l or large operation.
Lorge industrial customers using three hundred million kilowatt hours
have $20,000 mere on their bills if they are located in PG&E territory,
and that is the reason that PG&E rates are suddenly fifty percent
over Palo alto's. Councilmen Berwald added that if Palo Alto suddenly
4 1 1
11/24/75
adjusted its rates back down to where its industrial customers were
in the twenty percent under PG4E category, and the fuel adjustment
costs ware subtracted, those customers actually would be paying more
than PG&E customers for the same consumption. If the fuel adjustment
costs were subtracted, undoubtedly Palo Alto's customers would complain,
saying that the city did not pay for fuel but charged as much as
PG&E anyway. That would be just doubling the inequities. Referring
to coesents made concerning a disproportionate burden being placed
on residents, Councilman Berwsld stated that the. proposed rates gave
residential users a break for the first three hundred kilowatts.
The concept of electric utilities has always been to charge on the
baste of cost of service, and that is one of the reasons for the
declining rates. Also, 'Alen people talk about the ten largest industrial
consumers and who they were, they should keep in mind that these
are industrial consumers wing the fuel not because they want to
ate it or b.csuse they are being profligate in their use of fuel;
but they were using the fuel to produce goods for the citizens of
this country. They ars also providing employment. These are some
of the points Councilmen Berw*ld felt needed to be considered when
rates very being adopted, The matter is a very complex one; and
although it was beyond she scope of Councilman Berwald's knowledge
to understate rates fully, he did know that when one begins to suddenly
impose higher rates on industrial consumers, higher prices for goods
would result or else the the large consumers would be driven out
of business because of their inability to be competitive in the area.
Councilman Bevw*ld wee still satisfied with the motions which were
before Council. In concluding, he said the motion Councilman Sher
made in Committee, which received a tie vote, was fairly clL.ise to
part of the notion tad. at the beginning of this discussion.
Councilman Sher, referring to comments made about the balance between
residential and commercial rates, said these were ratters the Committee
reviewed at its meeting; end the Coalitir`n had been represented when
gas rater were discuser.d. He said he raised the questions the Coalitioa
eras interested in; and th* comments Councilman Berwald just made
had also been gaud• in response to hie own questions regarding the
my the rates tied changed so that the biggest percentage below PG&E
a now enjoyed by the industrial/ commercial users as compared to
residential users who, in time ;art, had the largest percentage below
PGilg rats. At the meeting, CoCounctleat Sher expressed concern about
equalising residential end eceemerciel rates in a way that seemed
to be mots aloes the previous lines.' u d he also voiced concern about
the fast that the rates being proposed still build in a factor of
lower rate for greater usage. Concern has been expressed about that
in time pest; end at the soothing, Comcilnan Sher Asked erhy the city
was *till proceeding en that basis. The explanation was given about
the in wiaability of drastic changes; and at that point, Councilman
Sher suggested the city ought to be working on charging that concept.
Be added that was wet bin iutendsd motion related to,,and he would
shortly bring it before. Council. A reading of the minutes of the
Finance and Public Works Committee meting would show that the questions
raised bad been reviewed; and, of course, because the city buys its
power from the federal severnnent, rotes have to be charged which
reflect the price. Rewaver, Councilman Sher still thought ehsre
was a question about the relative rates paid by the two categories
of nears; sad the way to epproadh that is in terms of the schedule
of ratan depending upon the quantity used, It was his hope that
thi,S would be looked into before budget,time next year so that changer+
mould be mode that would reflect a different philosophy.
The r.craaasre dations of the Finance end public Works Committee were
approved and adopted ae a uoan a ous vote.
4 1 8
11/24/75
Councilman Sher had asked staff at the Committee meeting about the
continuing policy of charging smaller rates for greater usage, and
Edward :Krizek of the Light and Power Department responded that he
did not like the decreasing rate under which customers were charged
less for more usage. Mr. Mrizek's opinion was that the city should
be leaning toward a flat rate, possibly as peak -load pricing rate
so that charges for electricity would vary depending upon the time
of day it is used. Councilman Sher favored having those concepts
explored, and his motion at the Committee meeting was to the effedt
that they would be explored between now and rate -setting time in
the next budget year.
MOTION: Councilman Sher moved, seconded by Ccaetock, that Council
direct staff that during the upcoming budget process it review, sake
s report on, and make recommendations concerning the elimination
of rate etructurea that charge s ller rates for greater quantities
used, the possibility of moving to a flat rate or inverted rate schedule
that charges a greater rate for the greater quantities used, and
the possibility of using peak load pricing.
Councilman Eyerly'a feeling was that the Sher cation was very similar
to the second part of the motion which Councilman BerwaId brought
to Council from the Finance and Public Works Committee. The only
difference he could set was that the :lotion made by Councilman Sher
might tie Council to a policy statement, and Councilman Eyerly did
not particularly like that aspect of it. The motioA already palmed
put Council in as position to have staff investigate rates and make
a report. Councilman Eyerly was somewhat worried about the inflationary
tread that might be involved. If electrical rate ehatges were contemplated,
prices would go up because there would be a production cost increase.
The rates in Palo Alto are vary similar to those of neighboring communities,
and Councilman Eyerly did not want to have a policy set which he
would ter "inflationary". He pointed out that when the city asked
aoasumers to cut back in their use of energy, the larger users cut
back proportionately to a greater extant than the smaller users.
Councilman Eyerly added that the industrial/comnercial consarner*
were not using energy in a frivolous manner, but they were using
it for what really needed to be produced. For these reasons, Councilman
Eyearly said he would vote -against the Sher motion.
Councilman Seebrs was not entirely in support of the motion; but
considering all the problems and conditions of the day, he thought
it was necessary that the Council and the general community consider
all elternatives. For that reason, Councilman Eeahrs seid he would
vote in favor of the motion.
Mr. 4ghjayen commented that its looking at electric utility rate levels,
staff old automatically study the rate design. Perhaps staff would
not put a special emphasis on inverted rate structures; but in accordance
with Finance and Public Works Committee recommendations, staff would
proper/. tae suggestions on the rate level structures. With respect
to the lifeline concept and ice effect on residential rata* via--a-
vis industrial/commercial rates, Mt. Agbjeyasn pointed out that once
s minima usage level was set of 300 Elate, that charge would be frozen
until the systemewide average cost had increased by twenty-five percent.
He explaieed that until that happened, all of the inerssse:e would
be peas, on to the hear residential user and the commercial/industrial
customer,
414
11/34/75
Responding to remarks made by Councilman Eyerly, Councilman Sher
did not agree that his motion was not much different from what had
been contained in the Committee recommendation. The action taken
directed staff to look at the differentials between PG&E and city
rates for both residential and commercial users. Re explained that
his own motion related to the rate structure which deals with the
prices charged depending upon the quantity consumed, whether the
user involved is a commercial or residential user. Councilman Sher
was alto somewhat in disagreement with Councilmen Eyerly's characterising
the motion as a policy statement. He did not view hia motion in
that light, but as a request that stiff look at these various possibilities
in its review of rates for the coning year. Mr. Aghjayan bad indicated
staff would automatically look at the rate structures but might not
be too enthusiastic about the inverted rats which Councilman Sher
bad suggested. At the Committal meeting, Mr. Mtisek said he rather
liked the flat rate and the peak -load pricing vas something that
was being studied all over the country. Councilman Sher understood
those counts to mean that staff did not really resist the additional
directions which were the subject of his motion, and he hoped his
colleegtaee would join him in voting for it.
Councilman Carey said that since staff has said it will examine these
matters anyway, and since the motion is a recommendation and not
a policy statement, he would st;pport it.
The motion passed on the following vote:
AYES: Beahrs, Carey, Comstock, Sher,
Witherspoon
NOES: Berwald, Clay, Eyerly
S1lla ITEM VLAVEGIAL
• FORWARD OIL THE AGENDA
MOTION: Councilwomen Witherspoon seed, seconded by Beahrs, that
Item 1, regarding the Old Police/Fire Building, be brought forward
on the agenda for consideration at this time.
The notion passed on s meniscus vote.
RECOMMENDATION OF POLICY AND PROCEDURES
Vice Mayor Clay,-'hitirman of the Policy and Procedures Committee,
stated that the Committee receenendeed that the Old.1'olicae/Fire Building
be sold mad a facade easement be devised for that purpose. The Coumittee
may *eked that a decision at the Council level on that recommendation
be deferred until the Senior Coorainating Council bad au opportunity
> e imPlorfs t&e matter. This was done, and now the matter is before
Coil. Vice Mayor Clay thought it might be well to refer the entire
matter beck to the Policy and Procedure Committee so it could receive
the benefit of a full hearing.
)OTIO1J Vice Mayor Clay moved, seconded by Comstock, that the otter
of the sale of the Old Police/Fire Building be referred back to the
Policy and Procedures Committee.
42O
11/2 . ;;
Councilman Comstock asked when the matter would appear on the Policy
and Procedures Committee agenda if it were referred.
George Sipel, City Manager, thought the Committee would be able to
ageadize the subject sometime in December; but he questioned what
exactly would be referred. Mr. Sipel asked whether the matter would
be referred in its current state or whether Council would accede
to the wishes of the Senior Coordinating Council by giving them additional
opportunity for study of the issue. If Council preferred the latter
direction, the Senior Coordinating Council should be given something
like ninety days in order to get their material together.
Vice Mayor Clay had thought primarily of having the Cad Police/Fire
Building ,subject referred to the Policy and Procedures Committee
so that any and 4.1 raaatficetions could be explored. If the Senior
Coordinating Council `fished more time to accurately prepare for a
Committee presentation; Vice Mayor Clay was willing to have that
included in the reecomsmendatton. -
Councilman Carey 'stated he had not changed his position since the
Policy and Procedures Committee meeting on this subject, and Council
was faced with two problems tonight One was an inadequate report
from the Senior Coordinating Council, which was not much more than
a letter indicating that more information would be presented at this
meeting. Councilman Carey did not see how Council could digest new
information and make an immediate decision. Council had made a policy
decision with respect to social programs, and that is to refer then;
all to the Policy and Procedures Committee. To Councilman Carey
this meant that Council could not consider any social programs or
any potential funding of programs, whether the funding would be in
dollars or something in lieu of dollars. He noted that Council had
discussed this whole matter aeveral times. In order to be consistent,
Councilman Carey did not see how this subject could be considered
at this meeting.
SUBSTITUTE MOTION: Councilman Carey moved, seconded by Beahrs, that
this matter be continued until the Policy and Procedures Committee
reports back to Council on social service programing so that the
Old Police/Fire Building can be considered in light of the overall
assignment for social service programs.
Vice Mayor Clay did not think that just how this matter were handled
would make too much difference because the Policy and Procedures
Committee would begin discussions on social programs at their meeting
of :November 25, and it appeared that the e:enior groups wanted more
time to prepare data for presentation. Therefore, it would probably
all happen in the way Councilman Carey desired,
Councilman Comstock stated he would vote against the substitute motion.
If the subject were continued for ninety days and the Policy and
Procedures Committee-.eme back with some guidelines and suggestions
for handling such requests end received Council's agreement, Council
would then ask the Policy and Procedures Committee to look at this.
one particular program to see how it would fit the guidelines, That
scent the matter would end up in Committee anyway. Councilman Comstock's
suggestion was that the Committee' deal with the guidelines, make
a recommendation to -Council; and then see if there is any roam for
dealing with this kind of matter. The Co ittee 'could proceed with
the subject, and that would prevent is reeceesaity of interested people
having to cows to a Council meeting only to have the ► ettex referred
at that point.
4 2 1
11/24/75
1
Councilman Sher said he was having some trouble with both motions
and with knowing exactly what was being referred either as a separate
item to the Policy and Procedures Committee or in connection with
the Committee's larger project of reviewing social programs. The
agenda item is a recommendation -of the Policy acid Procedures Committee
that procedures be ptepared for the sale of the Old Police/Fire Building.
If he understood Councilman Carey's substitute motion, he did not
want to see that recommendation carried out because the kind of support
being talked about for a senior program is the possibility of caking
the building available for a senior center; and, obviously, that
cannot be done if the building is sold. Councilman Sher asked if
Councilman Carey wanted to leave=, the salmi -of the property in abeyance
and refer back to the Committee the question of the possibility of
supporting the senior program by taking the building available for
consideration after the Committee's guidelines for social programs
had been made and adopted.
Councilman Carey responded that his motion was to defer Council action on
the Committee's recommendation as to the sale of the Old Police/Fine
Building for an indefinite period until the Policy and Procedures
Committee reports back to Council on its social services assignment.
His idea was that the building would be held open so the option would
not be cut off before to the Committce'b recon endations on all social
programs had beer. heard, It was the question of to sell or not to
sell that would be deferred. Councilman Carey opposed any referral
to the Committee of a specific social program because that would
violate what Council had already done. Council had referred to the
Policy and Procedures Committee the study of all social progreme
in the city, and Councilman Carey did not think the Committee should
be dealing with individual requests for support of social programs
until the overall report eorei back to Council. His motion would
defer the sale of the building so that option could be kept open
and would do nothing with respect to the Senior Coordinating Council's
request. The assumption would be that from this point on, the Senior
Coordinating Council would submit their information to Committee
just as any other agency would; and that information would be considered
along with any other requests for support of social programs.
Councilman Sher did not think it was quite t_ue that Council said
while the Policy and Procedures Committee examined the whole question
of support of social services and community organizations, it would
not refer specific requests to the Committee to be considered in
conjunction with that general review. In fact, Council had already
done that. Our Health Cuter was suggested; and although teething.
could be dope immediately, that should he looked at in conjunction
with the overall review. Councilman Sher'.;recelled h.ia muggesti.on
that the same thing be done with regard to PAAIRS. a What he would:
lid to have done at this meeting is indicate to the Senior Coordinating
Council and otbers,voo were interested in preserving the Old Police/Fire
Building for a senior ;centers that the idea could be, appropriately
considered by the Committee in conjunction with its overall review
of social programa. That would be -done in time for the budget peewees
in tha spring, and Councilman Sher thought that fit in well with
what the Senior Coordinating Council has said about their needing
aeppt°OZim+atee1y sixty days to prepare a proposal. Me agreed with Councilman
Carey's motion regarding defezting tees salts of the building; but he
wanted to sugge t to the Senior Coordinating Council that they -refine
their proposel and give it to tba Policy and Procedures Committee -
for revisor, r, with Council action cowing at a later date. Since Councilman,
Carey's motion did not contemplate that, Councilman Sher said he
would vote against the substitute motion acid .for the Clay motion,
41121242 ! r .
/75
Councilman Carey reiterated that his motion was simply to defer the
recommendation of the Policy and Procedures Committee until the entire
program for social services is brought back to Council, and it did
not say what the Senior Coordinating Council should or should not
do.
Vice Mayor Clay did not think the two motions were very different
with respect to the sequence of events. He pointed out that the
Policy and Procedures Committee would be reviewing support of social
programs before it conaidered the disposition of the Old Police/Fire
Building. One concern Vice Mayor Clay had was the fact that Council
had requests in the past to make the building available to other
groups who provided social services, and the decision made at that
time was to sell the building. Vice Mayor Clay had thought it would
not have been in the best interest of the city to hold on to the
property for an indefinite period. He did not feel quite that way
in this case. Obviously, while the Senior Coordinating Council was
evaluating the building, it would come to a conclusion at some point
as to whether or not they were definitely interested in its use as
a senior center. If the group found, as it made its study, that
the building is not as attractive as it presently appears, they would
inform the Committee at that point in time; and there would be no
necessity for waiting ninety days for the information. What Vice
Mayor Clay was asking was that action not be put off for ninety days
if the Senior Coc.rdinat!ng Committee knew before that time the building
would not be appropriate for the contemplated usage.
Councilman Berwald recalled that before the city foreclosed on the
previous lessee, the Resource Center for Women had a proposal for
using space in the building; and so did Our Health C'et ter. He asked
if thcse two propo els for using the Old Police/Fire Building had
been referred to the Policy and Procedures Committee.
Vice Mayor Clay responded the= was not his enderst.anding.
Councilman Berwald asked why a new proposal for using the building
would be referred to the Committee when two other worthy groups were
denied that. consideration.
Vice Mayor Clay replied that he sew this as a different situation.
The requests made by Our Health Center and the Resource Center for
Women were part of a package, the biggest portion of which had to
do with a restaurant and specialty shops, Those two organizations
could not have used the entire building. As the Nieto alternative
disappeared, so did the Council commitment to make that space available
to those two social agencies. Vice Mayor Clay saw the Senior Coordinating
Council's request as a separate and distinct input to Committee,
which it would consider along with other things. However, he did
not asap this would preclude the possibility of other groups making
use of the building in addition to any use made of it for a senior
center. Vice mayor Clay was not suggesting that; rather, he would
waft for the proposal to come in from the Senior Coordinating Council,
at which time a decision would be made as to whether or not the building
old be made available to then.
It sawed to Councilman Berwirld that even the senior citizens would
agree that tt would be unfair to consider their use of the building
as a new item of business in the Committee ttee 'when the other two organisation*_.
ere not even considered to be in the picture any longer. Ofthe
two motions, Councilman Careey's was a little closer to Councilman
Sernald's way of thinking. Even at that, someone suggested that
the Senior Coordinating Council be requested to present a more detailed
proposal with respect to she mss, funding' of the costs. etc.
In all fairness to the Senior Coordinctins Council, Councilman 1ervald
felt Council wa.S snowing backwrd on a decision it bad already med.
423
11/24/75
to sell the building; and personally, he had not seen anything that
would convince him to back away from that decision. There would
be an array of problems going against the Senior Coordinating Council s
use of the building. It seemed to hire there was the danger of setting
up the same structure that had existed before with the attendant
problems of a contractor and financing. There were still some legal
problems in the wings, too; and Councilman Berwald thought it would
be a lot better if the seniors used some other building and avoided
all of these complications. Be suggested that Council take action
at this meeting. It should decide if it wanted to consider the proposal
that had been presented or whether it wanted a more concrete one.
It would be illuminating to simply hear a general opinion as to whether
or not the senior citizens wanted to utilize the building. Council
needed quotations on costs, it needed to know the financial capability
of the city and/or the senior citizens to asst costs, and it had
to know what kind of facilities were needed. Apparently, that was
not the trend of the meeting; and Councilman Berwald would, there ore,
favor the continuance of the matter. However, he asked Councilman
Carey if he would amend his motion to ask the Senior Coordinating
Council to give concrete ideas with regard to what they want in terms
of space. This would probably entail ask;.ng staff to make some new
remodeling estimates, and that put Council right back where it was
before. Councilman Berwald'a preference wr=y to deal with the utter
at this meeting.
Councilman Carey thought that if his motion passed, the only thing
that would happen would be that the Old Police/Fire Building issue
would be kept open. In the next thirty to thirty-five days, information
could come in from the Senior Coordinating Council that would enable
the Committee to make a decision. The item would then be brought
back to Council for action. At the moment, there was not enough
information; but Councilman Carey assumed that would be coming in
to staff or the Committee during the review of support for social
programs. During the review, presumably staff would give the Committee
information as to what the needs of the Senior Coordinating Council
were, es wall as what the needs veeva of other social service agencies.
That report would no doubt include the Senior Coordinating Council's
estimate of haw much money it might be able to raise, what the renovation
costs might be, etc. Councilman Carty explained that he voted to
sell the building for two reasons. One of those had to do with the
economic situation of the downtown area and what a commercial use
of the building might do in terms of a positive effect. The other
was that he thought a complete social use of the building might be
very expensive. Councilman Carey pointed out that if a program could
not provide its own funds, the city would be faced with a half million
dollar investment in order to have a program in that building. Council
sight eventually feel that such a large amount of money was more
than it wanted to put into one program; and how much money might
be raised by the agen-:,•y was an unknown factor. Council would get
ell the information it needed in the course of deliberations. and
what Councilman Carey was trying to do was leave open the sale of
the building for a limited amount of time.
Councilman Berwald asked for assurance that in receiving this proposal
and having the matter continued for ninety days. some steps would
be taken to advise the Rageource Center for Women and Our Health Center
that there it now a third organisation requesting use of the building.
Vice Mayor Clay thought this would be an appropriate time to hear
from people in the audience who were interested in the Old ;Police/Firms
3u lding.
4 2 4 cet)
11/24/75
Clifford Chernick, Attorney, 1100 Alma Avenue, Menlo Park, reported
that he had a client who was seriously interested in looking at the
Old Police/Fire Building if it were going to be for sale; and he
wanted to know how to Advise him.
Vice Mayor Clay explained that there was a motion to continue the
entire Matter for an indefinite period of time, holding in abeyance
the question of selling the building. If that ®lotion failed, Council
would consider the earlier motion of referring the subject to the
Policy and Procedures Committee. If either of the motions were to
pass, another date would be set for a hearing on the disposition
of the building.
Mr. Chernick asked if it would be possible for the person interested
in the building to look at it.in the event it were to be sold at
some time in the future.
Vice Mayor Clay thought this would be possible, and he suggested
that Mr. Chernick talk to the City Manager.
Paul Zulch, 350 Manzanita Avenue, said there was a representative
group in the audience who wished to assure Council that there is
great interest among the senior -citizens for action on the building
se a senior center; and they would welcome an opportunity to explain
their views more fully.
Walter Bortz, 300 Homer Avenue, recalled that the Task Force on Aging
submitted its report on April 1, 1975; and central to .hat report
was a recommendation for development of a senior center. Such a
center is the focal point of the entire enterprise, and Dr. Bortz
said th3 Senior Coordinating Council had reorganized itself along
the lines of developing this concept. Recently the group had been
asked whether or not the Old Police/Fire Building represented a logical
site for a senior center. An ad hoc committee wad formed to look
into Oat possibility, and they reported back to the Senior Coordinating
Council. The Board of the Council enthusiastically supported the
conclusion of the report which was the notion of a commitment of
the Police/Fire Building for a senior center usage. Dr. Bortz stated
that the Teak Force on Aging not only felt that a senior center was
needed now, but one hod been needed for many years. It was Dr. Bartz'
hope that everyone would not get caught up in further deliberations
that would not further the process that people had been working hard
on for such a long period of time.
Vice Mayor Clay asked how much time the Senior Coordinatinn Council
would need before it would be able to make the kind of presentation
' with which it would be satisfied.
Councilman Sher asked if the report from the SCC would address itself
to financial concerns.
Dr. Bortz responded that the report would include financial aspects.
Be added that the group could probably make its final presentation
in thirty days.
Councilmen Eyerly counted that the social programs study bad been
mentioned Several ties; yet, fro a staff report, he had gotten
the impression that ;tall needed a policy direction on that procedure
before they could go &head with the interim arrangements or suggestions.
Cirleen BedwellaDirector of Social and City Services, replied
that Councilmen Eyerly's understanding wee correct. Staff would
be asking for senora' review of the project at the Policy and Procedures
425
11/24/75
Committee meeting of November 25 and for definition of those programs
which were to come within the scope of the study. Mrs. Bedwell hoped
that by February or March, procedures will have been worked out that
have been approved by the Committee.
Councilman Eyerly did not know if it were fair to the senior citizens
to ask them to wait until there was clarification of the interim
social organization study. The senior citizens have stated they
can have a definite proposal with1n.thd.sty days; and Councilman Eyerly
thought the kind of information they were working on with respect
to costa, apace, and programs, and whether those aspects could fit
in with the Old Police/Fire Building, was what Council would want
to see, He did not see how this issue would be side-stepped when
it had been left without a decision for so very long. In Councilman
Eyerly's opinion, when the material was prepared by the Senior Coordinating
Council, it should be back to Council for action within the thirty
dey period. Or, 1f the report went to the Committee first, perhaps
Council could oee it within a forty-five day time limit.
Vice Mayor Clay understood the substitute motion would hold at the
Council level the decision to sell the Old Ponce/Fire Building.
Councilman Cagey explained that if the motion passed the sale of
the building would be deferred until the Policy and Procedures Committee
came to Council with its report on social programs, which could be
is March or April; but he assumed that if a Counailmember wanted
to bring up the subjecg again at another time, he would be able to
do that.
The sehatitute motion failed on the following vote:
AYFS: Berahrs, Carey
NOES: berwaid, Clay, Comstock, Eyerly, Sher,
Witherspoon
Vice Mayor Clay stated that before Council was the motion to refer
the matter of the sale of the Old Police/Fire Building to the Policy
and Procedures Committee with the understanding that the proposal
from the Senior Coordinating Council will come to the Council, attention
of the policy and Procedures Committee.
The referral notion passel on tha following vote:
AYES: Beahra, Berwaald, Clay, Comstock, Eyerly,
Sher, Witherspoon
NOES: Carey
MOTION: Councilman Berraald moved, seconded by Comstock, that the
Senior Coordinating Council be requested to send its detailed proposal
to the Council, attention of the Policy and Procedures Committee,
at the earliest opportunity.
The motion passed on the following vote:
A.TE$: Beehrs, Bervaid, Clay, Comstock, Eyerly,
Sher, Witherspoon
NOES: Carey
4 2 6
11/24/75
MOTION: Councilman Berwald moved, seconded by Carey, that the staff
be directed to communicate to the earlier proposed lessees, Our Health
Center and the Resource Center for Women, that their concrete proposals
to occupy space in the Old Police/Fire Building be sent to the Council,
attention of the Policy and Procedures Committee, at their earliest
convenient time.
Councilman Berwald thought this action would be fair and equitable
and any other action on the part of Council would he dishonest.
Councilman Sher said ha would voto against the motion, but his vote
was not intended to imply that the two organizations were not worthy
of being considered. They were worthy groups; but since they had
originally made their requests, a lot had happened. Our Health Center
and the Resource Center for Women were allocated a very small amount
of space, and that wee done simply for the purpose of retaining some
kind of public use in an historic Palo Alto building. He recalled
that representatives of Our Health Center had appeared before Counci',
a short while ago, and they made it clear that the magnitude of support
they were seeking was not e small amount of space but a quarter of
a sillior dollars. Councils response was that the group should appear
before the Policy and Procedures Committee in connection with its
review of city support of social programs. Councilman Sher thought
the same thing was true of the Resource Center for Women. If there
were Counci l embers who felt there was an obligation to these two
groups on the part of the city, that could be considered and taken
into account when requeets are made during the next budget process.
Councilman Sher saw no point in tying those two requests to the Old
Police/Fire Building when the overall project for the building had
changed so dramatically. The question at present is whether the
buildiug will be sold for a commercial purpose or whether a viable
project c uld be put together for public usage, such as a senior
center.
Councilman Berwald commented that he vas not one of those Councilmembers
who thought a commitment had been made by the city to Our Health
Center and the Resource Canter for Women. In fact, he felt just
the opposite. Ths loss of the lasso to the prime losses terminated
soy City commitment, especially since Council had decided to sell
the building. Now, a third group was being offered the opportunity
of wing tbs building. Councilman Berwald had talked with a representative
from the Resource Center for Women, and that group is still interested
in space. Council vas putties itself in a position of saying that
it ve ld recognise a new proposal, but it would not be willing to
negotiate with the two earlier interested groups. He added that
if Our Health Canter ware no longer interested in the space, he would
leave that group out of the motion.
Councilman Carey ieconded the motion because, in his opinion, Councilman
Berwald was stating the facts. The Council wee becoming incensiatent,
and. it was still. Councilman Carey's feeling that the city made a
commitment to Our Health Center and the Resource Center for Woman.
The fact that the proposed project failed did not change the commitment,
whether it was looked et in terms of dollars or rent. Councilman
Carey felt that if use of the Old Police/Fire Building by the senior
citizens ware to be considered, Council should consider along with
that the requests for space from. ties original two social agencies,
it appeared that Council was saying that if an agency just wanted
twelve hundred square feet of space, it could not have it; however,
if an organisation wanted the entire building, that would be considered.
To Councilman Carey, it was inconsistent to consider the Savior Coordinating
Council's request for Fire/Police Building space separately and distinctly
from other social agencies. In concluding, Couacilasa Carey said
his statements did not reflect any personal feelings about whether
4 2
11/24/75
it would be right or wrong for the building to be used for a senior
center; but he made the because he felt Council was being inconsistent
with earlier decisions.
Councilman Beahrs remarked that the earlier arrangements that failed
were, in his opinion, typical Palo Alto compromises. From the beginning
he had doubted that there was any compatibility between a Mexican
restaurant and the use of space by the two social agencies that were
being so valiantly defended at the meeting. Councilman Beahrs doubted
that a senior center usage of the building offered any promise for
as higher degree of compatibility. He added that if the senior citizens
could not make total use of the building,, then he would be in favor
of selling the property since he mould not imagine that a variety
of occupants in the facility would make for a successful enterprise.
Councilwoman Witherspoon said she would be very curious to see what
the projected needs are of the senior citizens - what they could
handle now, and what the program would be in five years. She thought
there was a possibility that other social or service uses could be
made of the Old Police/Fire Building. Councilwoman Witherspoon stated
she would vote against the Berwald ration because she felt there
were already too many intangibles. The city did not know_ whether
it would sell the building. Also, it was not known whether the seniors
could put it to good use and whether they have a financially viable
plan. Probably these things would not be known for three or four
months; and by that time, the Policy and Procedures Committee will
have a social services procedure ready. At that point it will almost
he time to consider requests for support for social services for
the next fiscal year; and Councilwoman Witherspoon felt that would
be the proper time for the whole community, not juat Our Health Center
and the Resource Center for Women, to be informed that proposals
should be gotten into the City Council. Councilwoman Witherspoon
did not want an inference made tc those two organizations that they
might get space in the Old Police/Fire Building, and then possibly
have therm be disappointed again,
Councilman kyerly did not gee how Council could feel capable of making
a decision ou this one building when, in actuality, there were three
old buildings in the tows that no one knew what to do with. The
senior citizens think they will need all of the space in the Firs/Police
Building; and for that reason, Councilman Eyerly was cost interested
in entertaining proposals from other organizations that might develop
into a mixed -use for the facility, Be pointed out there was space
available in the Squire House and in the Veterans Building. Councilman
Eyerly said he would vote against the Bervald motion, assuming that
Council would be able to smoke a decision at a future date as to whether
or not the senior citizens should occupy the building. If that decision
were negative, Councilman Eyerly would be inclined to sell the structure.
Councilman Sher thought Councilman Berwald's motion suggested there was
some kind of a commitment to the two organizations for space in the
building;; and he, himself., could could see no commitment. Council
had urged these groups to present their needs for money or space
to the Policy end Procedures Committee in connection with their deliberations
regarding city funding of social egencies, The motion indicated
a coraltaent to this specific building, and Councilman Sher said
he would vote against it.
The fse.rwald motion failed on the following vote:
AYES: l erwaid, Carey, Comstock
NOES: Baehr*, Clay, Eyerly, Sher, Witherspoon
428
11/24/75
< f
FINANCE AND PUBLIC WORKS COMMITTEE
RECOMMENDATION RE RADIO STATION KZSU
Councilman Berwald, Chairman of the Finance and Public Works Committee,
said that the matter of underwriting the broadcasting of City Couucil
meetings was brought to the Committee's attention by KZSU. After
due deliberation, the Committee returned the -subject to Council and
recommended the matter be tabled; further, the consensus in Committee
was that Council should not have any particular concern over wham
Stanford (KZSU) chooses to support the program. There was same discussion
of commercial interests subsidizing the program, and the Committee
felt that was a private natter which KZSU management should direct.
MOTION: Councilman Berwald moved, seconded by Beahre, approval of
the recommendation of the Finance and Public Works Committee that
the matter of underwriting broadcasts of the City Council meetings
be tabled; and f=urther, that the consensus of the Committee was that
Counl.il did not have any particular concern over whom Stanford (KZSU)
chooses to support the program.
Councilwoman Witherspoon said she, along with some others, was concerned
that during the Willow Road discussion a year and a half ago, a Stanford
Merchants' Association advertisement wan announced about every half
hour. At that same time, Councilwoman Witherspoon had been trying
to persuade the KZSU station to carry the School Board broadcasts;
and as a result of that inteeereet, she ; .oked into the coat of the
broadcast. The total was between fifteen and eighteen dollars pas
month. Councilwoman Witherspoon's feeling then was that it was rather
atittgy of the city to not go ahead and pay the cost, thus preverting
any embarraezrnent on the part of the station, the public, and the
sponsors when certain: agenda items were under discussion. Fhe wcndered
why there was no discussion in the Finance and Public Works Committee
as to what kind of support the station was seeking.
Councilman Sher explained that the fifteen to eighteen dollar amount
reflected guar the cost of the telephone line, but that was not what
KZSU had in mind. The station had been receiving several hundreds
of dell.ars,- per month from the Merchants' Association to sponsor the
broadcast, end they were interested in having the city provide that
same level of support.
Councilwoman Witherspoon stated she would not be interested in subsidizing
the station above their actual expenses for carrying the broadcast.
KZSU is a public service station, so she felt that reserving the
hours for the Council meetings was not a hardsLip for them. She
asked whether staff knew what KZSU's request wets in actual dollars.
Clayton F. Brown, Director of Budget end Staff Services, responded
that the bill was $3,600 per year; and apparently, that was KZSU's
cost for putting on the broadcast. That amount includes the leise
line on the telephone, tapes for recording the meeting, staff tine
at the station, etc.
Councilwoman Witherspoon commented they had evidently inflated their
expenses since one and one-half to two years ago.
Mr. Brown said the $3,600 figure was the only one he discussed with the
l GSU staff. He recalled that the cost of the telephone line was
approximately $15 per month; and when he mentioned that to reprtseutative*
of MU, they assured him that was just a smell part of the total
cost.
4 2 9
11/24/75
Councilwoman Witherspoon remarked that she would not be interested
in subsidizing the station beyond approximately $15 per month.
Councilman Comstock thought the Committee did exactly the right thing,
and he said he was not interested in giving the station even a small
amount of money. In his opinion, the principle was more important
than the money. Councilman Comstock commended KZSU for the really
fine public spirited move they made in continuing to broadcast the
City Council meetings; however, he thought it was unconscionable
that the city had to pay advertising rates for City Council Agendas
in the local newspaper. He hoped some day a similar spirit of public
interest would prevail in that sector, as well,
The motion passed on a unanimous vote.
RECOMMENDATION OF FINANCE AND PUBLIC
WORKS COMMITTEE RE CABLE TELEVISION
Councilman Berwald said the Task Force of citizens did a really fine
job of reviewing the entire matter of cable television, and they
made some detailed recommendations to Council, For good and sufficient
reasons, Council has not taken action on this utter. The subject had
remained in the Finance and Public Works Committee, and that Committee
sew no hope for action in the foreseeable future. The Committee therefore
recommended that Council table the subject of cable television.
MOTION: Councilman Berwald moved, seconded by Beshrs, that the ;eccmmendatirn
of the Finance and Public Works Committee of returning the matter
of cable television to Council and tabling it be approved.
The motion passed on the following vote:
AYES: Beahrs, Berwald, Carey, Clay, Eyerly,
Sher, Witherspoon
NOES: Comstock
OMO:571:5)
Anne Steinberg, Chairwoman of the Planning Commission, reported that
the Baylande Subcommittee of the Planning Commission had eeverel
meetings with staff and citizens to develop a scope of services for
the Bsylsnds Master Plan. Mrs. Steinberg said the Commission recommended
that Council accept the scope of services as proposed by the staff
and the Commission.
Councilman Comstock said he wanted to express some concerns that
had to do with (1) as listed in the Planning Commission's transmittal
letter of November 20, 1975, which was public access to shoreline
areas in conformance with BCDC guidelifiea., The same item appeared
se (10) on Page 2 of the Scope of Work Baylands Master Plan, where
it was referred to as simply "public access to the Bay"; and on Page
4, the getter is addressed again. Iz3 each case, Councilman Co stock's
concern was the seme;.and it was so het heightened by whet he had
read in the Planning ComMresioa minut.o. Be stated that currently,
with the present arrangements, people who engage in small boat launching
activities have to use the Yacht Club dock or the county launching
ramp. It seed to Councilman Comstock that people who wanted to
use Idl Toros, canoes, rowboats, etc. preferred to use the inner Yacht
4 3 0
11/24/75:
Harbor for their sailing and boating activities; and it really creates
a lot of potential hazards and operating difficulties when they use
the launching ramp. Hie_concern was that the ultimate Master Plan
not only reflect in a dispassionate way, what everyone knew was the
BCDC preference for public access to the bay; but more specifically
that the city be fairly direct about -it as far as Palo Alto's own
guidance was concerned. Councilman Comstock suggested that some
wording could be added to (10) that would specifically call for that.
He asked Mrs. Steinberg if it were necessary for him to make a motion
or whether he could,ccnstrue from material received that the scope
of work really contemplates dev ling with the issue very directly.
?rem the Planning Commission minutes, Councilman Comstock understood
that the Yacht Club wanted to extend the amount of area they control
for their own boating activities. Although he could understand that,
Councilman Comstock had au uneasy feeling that the result would be
that the general public would be left Out.
Pars. Steinberg responded that if Councilman Comstock wanted the Commission
to be more specific, a motion would be helpful; however, she thought
the Commission was really aware of what he was saying. She added that when
the Commission actually discussed the plan itself, Councilman Coasstock's
comments would be taken into consideration.
Councilman Comstock asked if he understood correctly that the discussion
would help emphasize his points, but that Mrs. Stei.nberg's impression
was that that would be done at any rate.
Mrs. Steinberg said she believed so.
Vice Mayor Clay stated that Mayor Norton, not being able to attend
this meeting because of illness, had caked him to place a motion
on the floor in his stead. Vice Mayor Clay read the proposed motion:
"Move that the City Council reaffirm the determivation expressed
by forayer City Councils to keep the Yacht Harbor open, and direct
the consultant to spend little time on alternatives (b), (c) and
(e) on Page 5 of the alternatives to be studied and ask the consultant,
instead, to explore and recommend ways to 'peep the Yacht Harbor open
in safe and useable condition under all tidal conditions over the
period of the lease. Vice Mayor Clay stated that alternative (b)
had to do with discontinuing dredgings, alternative (c) was to relocate
the harbor elsewhere on the Bay shoreline, and (e) was to abandon
the harbor. He thought Council would want to know what Mayor Norton
had in mind; and at the appropriate time, he would place the motion
on the floor.
Councilwoman Witherspoon asked if "Programs of Lesser General Impact"
on Page 9 were poseible areas of use in the Baylands.
Mrs. Steinberg said that was correct.
Councilwoman Witherspoon had two ideas which she would like to have
staff study. One of them was the matter of setting aside some place
in the Baylands where people could train their dogs in field trial
and retriever work, hopefully in au area where they would not be
disturbing the wildlife. She said her other idea may be a long way
down the road; but if Mr. Hemmed and the Water Quality Control Plant
were successful, Councilwoman Witherspoon wanted to see some provision
for eventually franchleing oyster beds or commercial shellfish operations.
She reiterated that such a use would be dependent upon the quality
of the eater in the sough Say. Councilwoman Witherspoon asked if
the mentioning of these ideas were enough or if staff would prefer
a motion.
431
11/24/75
James :Hudak, Manager of Capital Projects, responded that staff has
been looking into the possibility of dog training in the baylands.
When staff had talked in terms of multiple use of the flood basin,
that was one of the things they had in mind. The franchising of
oyster beds is something that has not been brought up before; however,
fir. Hudak. thought that wader the basic water quality provision where
there had been discussion about making the water.useable for contact
sports and for the raising of edible shellfish, this idea would come
under that subject in a lone; tern sense. It had not been staff's
intention, however, to look at that item specifically.
Ceuncilivan Witherspoon asked Mr. Hudak if he were shying that staff
had thane things in mind already.
Hr. Hudak responded affirmatively.
Councilman Carey referred to Page 7, paragraph 3, and said the alternatives
seemed to be inconsistent with the long term lease agree rut with
the county, particularly in light of James Potts' letter of November
10. As Councilman Carey understood the long term lease, the city
wee committed to a second runway if that is what the county wanted
at the airport. He asked if alternatives were being listed which
were not legally attainable.
City Attorney Robert K. Booth replied that he did not have the lea=se
before him, but his recollection vas that Councilman Carey's understanding
was correct.
Councilman Carey said that his idea may not be in compliance with
the county lease agreement, but he thought extending the existing
runway might be an alternative they would consider in lieu of a
second runway. He explained that if the city were legally committed
to a second runway, it may prove to be more appropriate to maintain
a single runway that would be soi ewhat longer. Regarding alternative:
(c) and (d), Councilman Carey comMented that trying to restrict the
cumber of flights and landings could be totally unrealistic. In
his opinion, there was no practical way of limiting the number of
flights and landings at en airport.
Mrs. Steinberg commented that et the public meeting which the Commission
held an the baylands, Supervisor Steinberg was asked about the airport
Iaeasa with regard to whether it could be reconsidLied or whether
there at least could be some discussions about it. 'This suggestion
seemed to be highly approptiete to Supervisor Steinberg.
Councilman Carey was not too concerned whether it was appropriate,
but he wee worried whether it was legal. His feeling wee that the
city really had no choice.
?!r. Hulk thought Councils Carey was right in that there data a
1aga1 commitment under the currant document to go ahead with a aecond
runway; but as is true with moat contracts, if it is mutually agreeable
to both parties, the agreement cold be changed so that a second
runway would be deleted. Staff, the Hay1armle Subcommittee, and the
P eening Commission were trying to express the fact .than perhaps
a second rummy was no longer appropriate. Ai one time, the Yacht
Harbor 1444 going to be developed so there would be something like
600 berths and high-rise apartment houses; but that has changed as
the times have changed. Thera was .some feeling that such a look
should be taken at the airport lease with a view toward possibly
eliminating the second runway. With regard to limiting than number
of flights and land/use, Mir. Hudak agreed with Comucilasau Carey that
a pilot could not be told to McCloud; but sear things could be done
432
U/24/75
-r-, �.--
that would reduce or eliminate the number of touch and go landings, the
amount of practice, and the amount of flight training that takes
place. Those are the most disturbing flights because the continual
takeoffs and landings and the flight patterns involved were a negative
factor as far as the wildlife was concerned.
Councilman Carey thought trying to limit flight training would run
afoul of the county lease. The city would be wasting its time in
telling the county it had to cut dawn on what was the tenant's source
of hoc . Councilman Carey agreed that if two parties in a contract
vented to change it, they could; but if hs represented the county
and had the right for the next fifty years or so to build a second
runway, he would not give up the right if the city suggested it because
no one knees what might be needed in 2010.
It seemed to Councilman Comstock that if a second runway were something
the city did not need, it might be able to bargain by being willing
to extend the existing runway rather than just ask for the gratuitous
gift of having the county give up a second runway.
MOTION: Councilman Comstock moved, seconded by Clay, approval of the
Planning Commission's unanimous recommendation that Council adopt the
$aaylands Master Plan Scope of Services in principle.
Speaking to Councilman Carey's remarks, Councilman Comstock suggested
an alternative course of action of adding an option (e), if there
were a desire for consideration of extending the runway. The reason
for this suggestion was that Councilman Comstock did not want to
see that consideration be a substitute for (b) , (c) and (d) because
the lease clearly has a plan drawn up with two runways on it. He
did not know that there was any determinate schedule as to when this
could be done, but it was more a matter of when it was done that it
be done in a certain way. Councilman Comstock thought the second
rummy was contemplated and projected on the basis of traffic volumes..
if there really is a volume problem, it would be solved more readily
with a eeco d runway than by extending as single runway. Councilman
Comstock did not really think that extending the existing runway
would aerva as a very practical alternative to a second runway; but
if it were to be considered, it would be better to have it - coneidered
as option (e) . Since discussion on the lease came up, Councilmen
Comstock commented that he felt everyone was familiar with the fact
that a number of changes had been made to the Yacht Harbor lease;
and it was now a better lease than it once was. The same thing was
taus of the airport. At one time, the airport was going to go all
the way out to the water; and there were going to he n0 marshlands.
He said that Councilman Sher had been very much involved in. that -
duringg earlier service on Council, and there was a better lease because
of tht.et. One poesibilfty vas that the county might become harder
pressed for resources and :say root want to consider building a a>` runway
for five years or nature. Ina sense, Councilman Comstock thought
than situation worked froth ways; and from the city's own experience,
he felt he could say Jeer. was a good deal of push in the contract
either way. The county has not gone ahead as quickly with the Yacht
Harbor or the airport as had been envisioned when the /Agee e was first
negotiated, although the leases do say precisely how things would
be done. Councilman Comstock said he would vote agaainet the Carey
amt as it stood, but he would not be opposed to the adding
of an option (0.
CouncilmanCarey expressed willingness to divide the action. The
first part would be to eliminate alternatives (b) , (c) and (4) ; and
the woad voaald be to add an aaelternativs of extending the saistias
433
11/24/75
runway and eliminating the second runway. He thought there were
some valid arguments that could be made for a longer runway in lieu
of a second rur«ray. In his opinion, a longer runway would result
in less air traffic and yet expand the capability of the facility.
AMENDMENT: Councilman Carey moved, seconded by Beahrs, that alternatives
(b), (c) and (d) as listed on page 7, paragraph 3, airport section
of the Scope of Services Report, be deleted.
AMENDMENT: Councilman Carey moved, seconded by Btahrs, that another
alternative be added to page 7, paragraph 3, airport section of the
Scope of Services Report to the effect that the existing runway would
be lengthened in lieu of constructing a second runway.
Councilman Barwald salted if it would be possible to hear from the
audience at this point; and before he voted, he wanted to ask soma
questions of staff. He amid he had two calls from representatives
of General Aviation, send he wanted to kung more about homer the users
of the airport felt and how the management felt. Councilman Berwaldes
understanding was that the extension of the runway was absolutely
unrealistic because of noise patterns, etc. He also understood from
one caller that a second runway vas not looked upon in an enthusiastic
way. A3so, Councilman Berwald wanted to find out whether or not
staff or the Planning Commission had received any input from the
public with regard to the future of the airport.
Mr. Hudak stated there were ten public meetings held an this subject,
eight by the Eaylende Subcommittee and two by the whole Planning
Commissiou. At none of those meetings was there t representative
of airport users +ho spoke to the issues. Staff specifically invited
)b. Putt to one of the meetings so that he could speak about the
airport, but he dial not attend. Mr. Pott eras also invited to a staff
meeting which he vas not able to attend; therefore, there vas very
little input fro the county other than the letter attached to the
Scope of Services.
Cot ncilmea Berwald thought this vae a ead commentary on the interest
of the public and the county in the airport situation. He felt it
would be very worthwhile for the staff to talk with users of the
aviation facilities before they gave the matter to a consultant.
Undoubtedly, stuff would get a wealth of information; and without
that input, Councilmen BerwaId said it would be vary difficult for
him to vote on any recommendation from the staff on this issue.
Mt. Hudak said that was what staff felt was the strength of the process
that: they preoposed. Staff vas not asking Council to make decisions
at this meeting on the alternatives. They wanted to say that thee*
mars the kinds of alternati.vea staff old like to explore; and then
the consultant, along with staff, would go out and gather the needed
information. Mr. Hudak thought that if the recommended motion were
passed that the Mayer would write to the Board of Supervisors requesting
funds, and assuming the Board acted positively) then county stuff
could cooperate with the city in giving Ate input. Be concluded
by saying that staff mould hope to gather the kind of information.
Councilman Be rwald referred to, but they bid not bean able to thus
far.
Councilmen Sher complimented the Mylaads Subcommittee for a first-
rate job on a very complicated and diverse assignment. ffforte to
yut together all of these facets of tbs baylands with the tremendous
number of different uses culninatad in an incredibly 1izae job on
the Scope of Services. Be thought Mr. Hudak's points were well taken,
acid Council should rise the report for what it is. It follows
a procedure, the model for which was time Comprehensive Plan, ~there
434
11/24/75
staff, the I3ay1ands Subcommittee, and the Planning Coss,nission are
suggesting various alternatives to be considered and na which they
would like to have public input. Councilman Sher pointed oet that
some of the suggestions were inconsistent with each other, just as
some of the options under the Comprehensive Plan had been inconsistent
and required some narrowing down. Some of the suggestions made are
inconsistent with the lease provisions with regard to the airport,
and perhaps for the Yacht Harbor as well; but that does not mean
the alternatives should not be explored. Mr. Pott does not say in
his letter that he is unalterably opposed to these explorations.
He indicates that from the county's point of view, there was no reason
at this time to modify the provisions of the contract; but in his
last paragraph he states that when a review had been conducted and
some bases had been identified for contract s:odif ication, he would
like to be informed. Another thing Mr. Pott made clear was that
if in the process those bases were identified, he would be happy
to cooperate under the direction of the Board of Supervisors.
Councilman Sher added that Supervisor Steinberg from this areas has
already said she is interested in having the matters explored, and
Council knew from past history that the lease had been revised several
times. Councilman Sher saw no reason why there should be a feeling
of dis:courageement at this point about looking into alternatives even
though they may be inconsistent with the pease agreement. He referred
to Councilman Casey's remark that this would be asking the county
to give up something without getting anything in return, but the
county has a large interest in the Baylattds and the uses of the eyisnds.
They run the Yacht Harbor too; and if there are acme activities thrt
could be improved and made more consistent with the long range plane
Councilman Sher thought the count7 would want to consider those.
He stated he would have to vote against the deletion of (b), (c) end
(d) since he thought those were possible alternatives that should
be looked at without any idea that commitments were being made at
this time.
Florence LaRi,iere, 453 Tennessee Lane, commended the Planning Commission
for bolding outstanding meetings on this subject. Thee expert opinions
which the Commission so faithfully gathered over a number of months
indicated that all of the listed pcssibilities should be submitted
to a consultant, and Ms. LaRiviere urged that such action be taken.
Stephanie Beach, 895 Clare Drive, wanted to echo Councilwomen Witherspoon's
recommendation that part of the Baylands be set aside for retriever
or dog training. There is a large population of dogs in the city,
and perhaps dogs could be better controlled if they had an area where
they could run and receive training.
The first Cerey scent regarding the deletion of alternatives passed
on the following vote:
AYES: teahrs, Carey, Clays Eyerly
IOM Comstock, Sher, Witherspoon
ABSTAIN; Berweld
The second Cary amendment regarding the runway passed on the following
vote:
AnSt hrs, !invalids Carey, Comstock,
Eyerly, Sher, Witherspoon
NOBS: Clay
4 3 3
11/24/73
Councilman Berwald referred to Page 2 of the Scope of Services Report,
Critical Factors, and said he would like to see Item (6) become Item
(1). Further, he would change the title of that item from "Provision
of diverse compatible recreational uses' to serve the total community"
to "Enhancement of water oriented recreation including provision
of diverse compatible recreational uses to serve the total community".
The area is a water oriented one, end it was eleer that should be
the thrust. Councilman Berwald added that, obviously, water oriented
recreation should tie compatible With the environment; and he considered
that to be the number one critical factor.
Hrs. Steinberg commented that the items listed under critical factors
were not placed in any order of preference.
Councilman Comstock thought the remarks made by Councilman Berwald
tended to put a little biae to the emphasis regarding the use of
the area. The entire Baylanda were being talked about - not just
the Yacht Harbor. His interpreation' of Councilman Be;rwald's comments
would be that the city wanted to particularly emphasize water oriented
recreation, and that stresses an element of preference. Councilman
Comstock asked if that were what Councilman Berwald intended.
Councilman Berwald responded affirmatively.
but they also had spent a great deal df time in the Baylands hiking
in the levees, etc. He thought statistics for the Baylesnds would
show that for every person who goes out to sail his boat, there is
somewhere between tan and fifty persons who do something that is
land based - whether tint would roan using the Interpretive Center,
welkiag on the levees, or things of that ilk. This ought to be kept
in hind if Council ware going to begin shading this matter one way
or another. The Baylands, in teems of total area, cover a great
deal more land sass than water mass. It seemed to Councilman an Comstock
thew the wording under Critical Factors in the report reflected en
effort on the part of the city to very faithfully reflect the whole
range of interests, activities, or potential uses. He said he would
tend to resist ; any change in wording as suggested by Councilman Berwald
because a bairn cs needed to be kept in the Scope of Services. After
the study was finished, Council could then mete decisions as to which
activities were more important.
Councilman Berwald thought Councilman Comstock's otstement was ressonables,
and he therefore would not make his motion. Section (6) of Page
3 of the Scope of Services (Provision of Diverse Compatible Recreational
Users), appeared to add boat access to the Bay as an afterthought;
and Councilman Berwald said that boat acres* and walks along the
levees and through the marshes ware more predominant: uses than the
traditionl kinds of park activities such as • soccer, baseball, etc.
He expressed the hope that boat access to the Bay vould not receive
secondary attention. Referring to (b) on page 6 of the Scope of
Services, Councilman bervald asked what the differences were .between
park uses and rscreetionil uses.
Mr. Hudak responded Out the three uses under (b) were uses identified
in the ETI on the landfill which we. doe last year. The basic difference
between park and recreational uses was that park uses would be more
pmtve, such as observetion points and picnic are'. ; whereas recreational
uses would emphasis* provisions snch as baseball field* and golf
c0urssi.
436
11/24/75
Councilman Berwald asked staff for its thinking on elevating Bayahore
Frontage Road, which was listed as an alternative on Page 8, Section
(1) .
Mr. Hudak responded that this was very definitely a possible solution;
however, it was also a very expensive'one. It was included because
in the EIS being done on the Water District Levee Construction, that
is one alternative being studied. Staff thought it would be appropriate
to include it in the Scope of Services, but there were many persons
who had reeervatione about the practicality of such an alternative.
Councilman Berwald hoped that the ide: would receive very low priority
as au alternative or even be omitted. With regard to complete restriction
on access to the flood basin, Councilman Berwald asked if there were
any commitment to the Corps of Engineers on that point and whether
it was a practical alternative to be considered.
Mt. Hudak explained that in speaking of complete restriction, staff
was thinking of access not to than levees but to internal use; for
instance, for such things as dog training in the flood basin. Staff
did not mean to eliminate access from the levees or the exterior,
but Mr. Hudak r'iought eliminating access from the interior was a
viable altern.at±ve.
Councilman Berwald asked for some comments from staff with regard
to (5) and (6) under Programs Authorized Needing Further Evaluation,
which were private development that is not yet finished - The Harbor,
The Lobster Trap, and F&4 Aviation Development at the Airport.
Mr, Hudak's understanding wee that all three of those matters had
received approval by the City Council. The Harbor is partially constructed;
The Lobster Trap has not yet begun construction; and P&M has had
materials moved to the site, but they have not begun construction.
Councilman Barmaid said he could not quite see what a consultant
would further evaluate on those projects.
Mr. Hudak explained that vas why staff had prefaced (1) through (6)
under that section with the wording "staff should be able to provide
necessary information". There were some minor concerns about those
develop■enti as to the ways they related to the Baylaande, and some
slight modifications may be made. He said Councilman Berwmld's point
vas well taken in that those projects were essentielly approved,
and there was very little that could be done* about theme.
Councilman Ecrwald asked if it were staff's recommendation that these
items not be given to the consultant for analysis.
Mi. Hudak responded affin stively.
Councilman Eyeriy, referring to Alternatives being Anniyzed - Refute
Disposal, wondered if a lot of work would be duplicated by rising
the consultant to look into some of those aspects. He thought they
mere already being studied,
Mt. Hudak agreed they were being studied; and for that reason„ the
statement vas made la the Scope of Services that becsuae of time
pre ss, the short term analysis mould be made by staff. The long
term lend use would be studied by the consultant. Mr. [Wilk added
that city staff and the county were looking at all of the alternatives
(e) through (h); and the indication in the Scope of Services was -
that staff was doing that now, so those items mould not bra part_ of
the long, tee study.
4 3 0
11/24/75
Councilman Eyerly understood from Mr. Hudak's oomments that the consultant
would not be working on those particular alternatives.
Mr. Hudak said that was correct.
With regard to the section entitled "South Bay Discharger - Alternatives
to be Auslyzed", Councilman Eyarly asked why (d), No Project, was
included since he felt there was no alternative to having a project carried
out,
3#r. Hudak responded that Councilman Eyerly wee correct because the
State Water Quality Control Plant and the Regional Water Quality
Control. Board has Said there will be a project of some type; however,
"no project" is one of the .alternatives being evaluated in the EIS.
He explained that the alternative of "no project" is a requirement
of state law. It was included in the Scope of Services because it
is part of the EIS, and staff ought to see what it looks like.
Councilman Eyerly asked what was being envisioned for (c) under Bike
Paths anal Trails -Access via San Antonio Road.
Mt. Hudak replied that right now, the telly access from San Antonio
Road to aey part of the Baylands was by going down the Rayshore Frontage
Road and linking up with the flood basin levee. In this alternative,
staff was thinking of some more direct link. Staff had not analyzed
possible routes, but there might ha a more direct connection that
would link the Palo Alto Reylenda with the new Mountain View Shoreline
Park. That was staff's main concern, and the City of Mountain View
had indicstad ouch interest in such a direct link.
Councilman Eyerly aska3 if Mr. Hudak were talking about some joint
access across the Bsyshore Freeway.
Mac. Hudak said that staff was talking about direct access to the
south across San Antonio Road from Palo Alto's Res/lands to Mountain
View's Baylsnds.
Councilman Eyerly thought that aspect would be covered in (d) under
the some section in the Scope of Services.
Mt. Hudak said that it was covered under (d) to some degree, but
staff mantled to be specific about it under (c) .
Councilman Byerrly asked if (c) would, in fact, he what Piro Roask
des Bribed, — vhethar a Baysbare oveerpase word be included.
Mr. Nud,ak responded thin (c) would not include the possibility of
an overpass.
Vice Mayor Clay moved, seconded by Beahrs, that the City
Council reaffirm the determination. exprelave4 by former City Councils
to keep the Yacht Harbor open and direct the consultant to spend
little time on alternatives (b)* (c) aced (e) on Page 5 of the alternatives
to be studied, and ask the consultant and staff to explore and recommend
says to key the Yacht Harbor open in a safe and useable amnanar wader
all tidal conditions during the period of the lease.
Councilman Sber said be understood and wee sympathetic to vbst Mayor
Norton intended in this motion, w ich he bad asks d Vice Mayor Clay
to pat o the floor. Obviously, the Council is on record as being
determined to keep the Yacht fiber opera. provided a suitable site
could he found for the dredging spoils. Councilmen Sher did not
438
11/24/75
think, in adopting this study, that there was any intention to reverse
that policy decision. Council was committed to a subseoent dredging
if a proper site can be found for the spoils, and he thought there
was ono other condition relating to the refuse disposal area. In
any event, Councilmen Sher was somewhat concerned about the emphasis
in the proposed motion. He explained that he did not oppose going
on record reaffirming the position subject to conditions: but there
is the possibility, in mekiog the study, that a suitable site for
the dredging spoils will not be found, If that should happen, there
is the question of what should be done about the Yacht Harbor. Further,
if that is not considered in conjunction with the Master Plan for
the Paaylands, and if it is determined there is no suitable site for
the spoils, Councilman Sher wanted to know if another consultant
would start over and then have a decision made as to what would be
done about the Yacht Harbor. It seeded to his that this was the
time to get started with looking for a site for the dredging spoils;
and if it is determined that none Is available, then the other possibilities
would have to be considered. Coencilmman Sher suggested that (b),
(c) and (e) be considered if an acceptable site for the dredging
spoils cannot be found.
SUBSTITE AMENDMENT: Councilman Sher moved, seconded by Comstock,
that if a suitable site cannot be found for the dredging spoils,
then alternatives (b), (c) and (e) should be considered:
From staff's perspective, Mr. Hudak considered the two motions very
similar. Mayor Norton's motion made by Vice :-mayor Clay, asks for
an emphasizing of (a) and (d) as opposed to giving little effort
to (b), (c) and (e). In its comeents preceding the alternatives
for the Yacht Harbor, staff said "Concentration of effort on the
Yacht Harbor issues ahaeld be on finding dredging spoi.le sites and
alternative retheds of keeping the Yacht Harbor open. If thin is
not possible, the relocation of the Harbor should be explored."
In a sense, staff had covered Mayor Horton's concerns; but Mk. Hudak
thought it would be appropriate if Council wished, to reaffirm the
policy statement that the Yacht Harbor was to be kept open even though
staff had taken that into account.
Councilman Sher asked Mr. Hudak if he thought Mayor Norton's motion
said nothing different from what bad been stated in the Scope of
Services. The part about spaudin3 very little time on (b), (c) and
(a) bothered Councilrsasa Sher because if there were no imitable place
for the spoils, a lot of time would have to be spent on those alternatives.
He said be wanted to see the matter stated in a more conditional
way. It was acceptable to reaffirm the policy that the Council wanted
to keep the Yacht Harbor open provided the conditions could be met;
but if the conditions could not be net, then the other three alternatives
ceded to be considered.
Vice Mayor Clay thought the emphasis it Mayor Nc rton' s proposed aunt
was on the words "spend little time", and that assumes that the probability
is reasonably high that there will be s lase found for the dredging.
In fact, ell that Vice Mayor Clay had heard would support thet theory
rather than the opposing one. /f that is the cane, than be considered
it proper to direct the consultant not to spend a lot of time on
those three particular alternatives. Vice Mayor Clay stated that
he would vote against the substitute motion.
Couocilaen Sher thought there was no disagreement between Mayor Norton's
approach and his own; in fact, his substitute amendment would ask
the co not look at (b), (c) and (o) at all if a suitable site were
found for the spoils. Councilman Sher said his subatitute amendment
439
11/24/75
merely made it clear that if there were no suitable site, these other
possibilities needed to be explored; and that exploration would take a
considerable amounted time. }te did not think all of these matters
should be looked at on a parallel basis. As staff indicated, the
first thing that needed to be done was to attack finding a site
for the dredging spoils. If that is satisfactorily solved, fine;
if not, the other ideas could be turned to.
The substitute amendment failed on the following vote:
AYES: Carey, Comstock, Sher
NOES: Beahrs, Eervald, Clay, Eyerly, Witherspoon
Councilman Sher asked chat the Clay amendment be divided,
Vice Mayor Clay, with the consent of his second, agreed to divide
the amendmen t .
The first part of the amendment to reaffirm determination to keep the
Yacht Harbor open passed on the following vote:
AYES: Beahrs, Berwald, Carey, Clay, Eyerly,
Sher, Witherspoon
NOES: Comstock
The second part of the amendment passed on the following vote:
AYES: Beahrs, Berwald, Carey, Clay, Eyerly,
Witherspoon
NOES: Comstock, Sher
AMENDMENT; Councilwoman Witherspoon moved, seconded by Beahrs, that
stiff include as possible areas of investigation provision for launching
If.ssal.l boats in the inner harbor, aside from the Yacht Club hoist
or the county's formal launching ramp; provision, if possible, for
training of dogs in the Eayl.anda; and the possibility in the future
of franchisfag.oyeter beds and other shellfish for commercial operations.
The amendment paused on a unanimous vote.
Councilman Berwald said he would be voting for the Planning Commission
recommendation as amended. He thought staff had done a very good
job, and he also thou;be a consultant study sass necessary. Councilman
Berwald felt that everyone on Council and staff knew of his concern
about the way consultants had been profiting by those kinds of projects.
He said that man he reed consultants' reports and the stacks of Environ-
mental Impact Reports, he found a lot of the information was just
words. Also, much of it was information about natters in which staff,
the Corps of Engineers, and the Planning Commission had expertise
and had already studied. This setter would be back at soma time
in the future for selection of a consultant; and Councilmen Berwald
wanted to give advance knowledge that if the consultant contract
were not very carefully screened to determine elimination of same
of the work which staff would do rather than a consultant, then be
would feel very free to vote /against its He explained that this
was cwt because he did not want the study, but because he felt there
wee duplication of effort sod addition of tremendous costs. Councilman
4 b d
11/24/75
Bervald announced his intention to ask Council to really ride herd
on the consultants in order to get as low as possible dollar figure.
Thirdly, he retained hia feeling that the landscaping of the area
around the duck pond should not be delayed any longer than absolutely
necessary. Councilmen Berwald was aware that there might be soma
very worthwhile activities that had to be taken care of before the
landscaping could be done, but it certainly should not have to be
delayed until the entire study had been finished.
Councilman Co stock expressed the hope that staff would keep a close
eye ou the county. He had discovered, along with staff, that the
county in its enthusia a would cove dirt around and put it down in
areas that had not bean contemplated by Council or BCDC. Because
of that, there has had to be scene scrambling around; and the natter
had not yet been resolved to the satisfaction of a11. Councilman
Cometock thought it was important to remember that when Council tekes
on this matter and asks the county to participate, it needed to maintain
credibility with BCDC. It the county gets Palo Alto into trouble, -
then the city vuuld have to more vigorously gat the county's attention.
He hoped that whim there eventually was a plan that was agreed to,
that it would be remembered everyone would have to remain vigilant
so that whatever went on in the Baylands would comply with the plans,
and sous credibility could be maintained with BCDC.
The F ylands Mester Plan Scope of Services, as amended, pasted on
a unanimous us vote (Norton absent)
MOTIONf Councilman omatock moved, seconded by Berwald, that the
Mayor be authorised to sand a letter to the County Board of Supervisors
requesting the County's financial participation in the 3aylsnds Meter
Plan and that the staff be authorised to begin consultant selection
procedures,
The motion passed on a unanimous vote (Norton absent).
CSI RN BBB IbiTTL1TI�ig
NOT/US: Councilman ieahrs introduced the following resolution and
moved, seconded by Comstock, its adoption:
. 31 entitled " 1i8OLVTIO 01
CITY OF PALO ALTO umorno
CITIngt TO WORM TSBNULVIS ON T VS =LIAR
'scums I TIATIVA"
The resalsties wee adopted on the folly wets:
ATE: Boehm Bareesld, Carey, Comstock,
iyerly, Sher, Witherspoon
MUM Clay
Ate: Norton
Vice Mayor Clay estates that at the meet $ of October 2$, 105, Council
found that the Graft invirounental Est Report on the Wig lased
lnprovennat eject dated Septeshey, 1973, together with the additional
data, both written and -eral, tbeet were submitted during the legating
441
11/34/9!
of October 28th, was sufficient under the requirements of the California
Environmental Quality Act as to the project delineated in the draft
EIR, and the Council directed thaet a final EIR be prepared for review
by the Council. That final environmental impact report has now been
prepared in seventy-five copies as celled for in the city's contract
with the environmental consultants. The -final EIR has been distributed
to members of the Council, and to the city libraries, and all those
who presented testimony on the environmental impact report have been
notified and advised to come in and pick up their copies= Members
of the audience and of the Council should be reminded that what was
before Council at this time was not the final choice among alternative
alignments, nor even a decision as to whether there should be a Willow
Road Improvement Project; rather, what was before the Council this
evening was simply the matter of confirmation and certification that
the final environmental impact report for Willow Road is adequate
and complete in all respects required by law for the project currently
contemplated.
Vice Mayor Clay called on the consultant, Mr. Russell Faire-.Brac
for a brief presentation of what is in the final EIR.
Councilman Sher said that before the consultant spoke, he wanted
to comment that he would not participate in the discussion and voting
on this subject because he was are employee of Stanford University,
and the University was involved in a significant way.
Mr. Faure-Brac said four sections were added to the draft EIR, and
they are contained in the front of the report. The first section
is a very brief introduction. The second section contains written
comments and responses to those comments. Mr. Faure-Brac reported
that eighteen comments had been received by November 11,.which was
the cut-off date for comments; and they were pail included in the
report. The third section also contains a summary or transcript
of the two public hearings held before the Planning Commission and
tba one held before the City Council. Section four addressed the
Quarry Road items, which became one of the key issue; in the review
of the draft EIR. Mt. Faure-Brac noted that this section of the
report contained a letter from Mr. B. C. Bechtold, Deputy District
Director of the Department of Transportation, regarding the Quarry
Road alternative as develdpad in the Planning Commission recommendations.
With respect to that alternative, Mr. Faure-Brae read the following
three points from the letter: " (1) No southward shift of the shopping
center entrees could be tolerated because of its already clew proximity
to the interchange at University Amiens. (2) We believe that a detailed
analysis of an intersection combining the traffic from the shopping
center entrance, Willow Aid k i El Camino would conclude that the
intersection would break down operationally during periods of heavy
traffic. Our files do not include any recent volume counts at the
shopping center entrance and we could not obtain any in the short
time available for this response. Therefore we were unable to make
such an analysis. (3) No Pecos. onto El Camino from Quarry Read cased
be permitted bey.se of its being so close to University -Avenue."
?!r. Faure-Brae said that statement seas, essentially, the substance
of the communicatioo from Caltrmna. Re mentioned that after the -
final. EIR came in from the printer, three additional commute wegs
received that could not be gotten into the report. Mr. Faure-Brae
submitted to Council the following letter: "Honorable City Council,
Palo Alto, California, Dear Members of than Council: After preparation
and printing of the Final RIR on the Willow Road Improvement Project,
the consultants were sent three additional letttwes that the City
of Palo Alto had received before the id veiher 11 deadline for cite.
442
1L124/7
The letters from Joyce Shefren of the League of Women Voter() and
from Alan Hendereen are attached with responses. The letter from
Philip A. Cancellier of I. Magnin is also attached with no response.
In your motion to certify the Final EIR, I suggest that these letters
and the responses be incorporated into the report as an addendum
in order to insure a complete document. Sincerely, Russell Faure-
Brac, Project Leader." Mr. Faure-Brac pointed out that attached
to his letter was Mr. Henderson's letter in which he raises two points.
The first is a reference to an agreement now in effect between Palo
Alto and Stanford, eie.uted on September 17, 1969, whereby upon request
of the City Manager, Stanford would bear the cost of improvements
on the section of Willow Road between Arboretum Road and San Francisqufto
Creek; and the letter gives details about that agreement. The response
from Environmental Impact Planning Corporation to that comment was
as fo11ovs: "Concerning the September 17, 1969, agreement between
Palo Alto and Stanford University, the EIR would be strengthened
by reference to this agreement and such reference is hereby made.
This does not alter the distribution of project costs shown on page
104 of the EIR, however. It was assumed that Stanford University
and the assessment district would pay for the full cost of the project
between Arboretum Road and San Franeiequito Creek and that the City
of Palo Alto's share would be zero." The second point raised in
Mr. Henderson's letter had to do with the Quarry Road alternative,
and Mr. Faure-Brac quoted the following from it: "it is most unfortunate
that the Quarry (toad alternative Is not considered more seriously
in the EIR. Possibly, there are negative factors that would rue
against this alternative, but they are no: evident in the EIR".
Environmental Impact Planning, Corporation's response to that comment
was ae follower "Page 147 of the EIR clearly states negative factors
for the Quuarty Road alternative if the intersection with Fl Camino
Real is as shown in Figure 50. it is true that the concept of swinging
Quarry over to .'oanect to El Camino Real at or near the preheat Stanford
Shopping Center entrance is not addressee in the Draft E1R. However,
this concept does not alleviate conflict with the University Avenue
underpass as stated in the November 3, 1975, letter from B. C, Bechtold
of this Cal±fornis Department of Transportation. One final word on
the Quarry goad alternative is appropriate. Ourittg the course of
preparing the EIR the consultants had to decide how heat to focus
on the project. If greater tie had been devoted to analyzing Quarry
Road, it would have been at the expense of developing mitigating
alternatives along existing Willow Road (Alternative 3) and along
the extension north of the shopping center (Alignment H end the tvo-
lane alternatives). It was the consultants' jodgeent and that of
City staff that Quarry Road offered too little promise as a viable
elternetive to warrant further investigation."
14r. Faure-Brat reported that the second letter was from Joyce Shefren,
representing the League of Women Voters, he first: point of her
letter want "With San Mateo County probably putting buses in the
area within or* or two years, Santa Clara County could greatly benefit
commuter transportation if . t:hey would make Willow Road into an adequate
bta line. Even a bus usage of ten to twenty percent would significantly
reduce alto congestion. Other alternative() to be considered arm
to encourage car pools and to increase staggered wort hours." i4r.
!sure -Bret said his company's response to that was: "It tm *greed
that the Billow ;toad Improvement Project has the potential of improving
bus transit and this issue is discussed on page 14 of the Draft EIR.
Car pools and staggered work hours .could also help to relieve congestion
in the corridor (see page 157 of the Draft Edn)." Ma. Shefren's
*rood point vs* that the RIR had not allowed for the building of
the bike -pedestrian bridge that is scheduled to be built at San Mateo
Drive into Menlo Perk and to evaluate the effect this may have on
reducing auto traffic. LIP's response to that point vas: "Oo page
122 of the Draft al It is recogadsed that the bicycle bridge between
443
.1 '.4.7? 11/24/75
1
1
1
San Mateo Drive and Willow Road is adopted and budgeted for fiscal
year 1975-76. This bridge would have a very small effect on vehicular
traffic because the origins end destinations of eroet vehicles in
the corridor are too far away to allow a shift to bicycle travel."
The third point of the letter suggested the possibility of synchronizing
the traffic signals at the Oak Creek apartments with the signals
at Oak Avenue and at Sand Hill Road to see if this could help alleviate
some of. the backup". Mr. Faure-Brae read EIP'e response: "The City
of Palo Alto is currently considering this ponsibi;.ity of synchronizing
traffic signals and is inve:etigating its feasibility with the City
of Menlo Park". Ms, Shefran's fourth point was as follows: "All
the alternatives in the report call for all traffic to turn north
or south onto El Camino Real. If the autos turn south and then attempt
to turn east onto Univeeraity, it will only increase traffic at an
already dangerous interseettion on the bridge ramp onto University.
Or else automobiles will just continue to use Arboretum to Pales Drive,
which will not be diminishing traffic through the Stanford Shopping
Center as is hoped for". The response from EIP: "The added traffic
on University Avenue as a result of the project is small (about 1
percent - see Figures 43, 45, 47), so the adde=d traffic turning east
onto University from El Canino should be insignificant". The fifth
and last point of Na. Shefren's letter was that Stanford Shopping
Center is expanding, and the League wanted to know what its plans
were for traffic flow and how those plant would affect any of the
alternatives. To that comment, E1P made the following response:
"The Stanfcrd Shopping Center expansion plan is still in the formative
stages and it has not been possible to get specific and final information
on traffic flow. The traffic projections for 1990, however, are
based on the assumption of an expanded shopping, center".
Also attached to Mr. FauEe-Brads letter to Council was a copy of
a letter from Philip A. Canceeilier, of 1. Magnin. Mr. Cancellier
rsede no comments about the Ea, but he sakes recommendations as to
what decision he felt should be ultimately made on the project.
Vice Il yer Clay said that before Council heard from the public with
regard to the adequacy of the final EIR, he vented to bring back
to the Council the matter of the Quarry Road alternative. Members
of the Council would recall that at the meeting of October 28th,
Mayor Norton placed on the floor a sense motion that would indicate
that the Council would not look any further at the Quarry Road alternative,
such detail being totally outside of the scope of the Willow Road
Improvement Project and its environmental impact report. Early in
that meeting, having perceived *vise reluctrnce on the part of the
Council to act on the motion at that tie, Iiayor Marton withdrew
tba notioe with the concurrence of his seconder, Councilwomen Witherspoon,
and iodinated that he would reintroduce the motion at a later time.
Vice Mayor Clay continued that the packet that Council members received
on Thursday evening, November 20th contained the complete minutes
of the Planning Commission meeting of October 15, 1975 4t which the
Quarry Road alternatives were raised. The disco ton of alignments
begins on page 682 and continuos through page 325. The Council now
has the benefit of these 44 additional pages of discussion which
Council did not have at the October 28th ,meeting and which led it
to defer action on the Quarry Road alternative until those minutes
were iu hand and could be read. Council also has now, in the final
environmental impact report, pages 1-114 through 7-121 which provide
an overview of the Quarry good issue, contain the discussion of the
City Council meeting of January 13, 1975 that asked the consultant
to consider the Arboretum/Quarry load alternative, a latter from
the city staff to the Califoreeiee Deportment of Transportation asking
Coltrane for a written clarification of whether a Quarry load istersiot4eft
would be acceptable to that department along with two imps of poesibla
4 4 4
11/24/15
alignments, and a two -page response from the Department of Transportation's
Deputy District Director, Mr. 8. C. Bechtold, which sets forth very
clearly in writing that no southward shift of the shopping center
entrance could be tolerated on El Camino.
Vice Mayor Clay said it should, therefore, be stated that the final
environmental impact report recognizes correctly the appropriate
limits of the Willow Road improvement Project. It correctly addresses
the Quarry Road alternative as one outside of the project for the
purpose of certifying the final EJR. And it more than adequately
deals with the feasibility and/or impacts of a Quarry Road alternative
Vice Mayor Clay reiterated that one of the purposes of Mayor Norton's
motion was to preclude the preparation of still another $58,000 study,
or even a $20,000 study for that ratter, on an alternative road alignment
that he believed would not carry very much favor among Councilmembers.
The Quarry Road alternative is described, as required by state law,
as a reasonable alternative within the project which could feasibly
attain the basic objectives of the project best which, for the reasons
stated in the final EIR, is not now under consideration. If, during
Council's consideration of the merits of the project as proposed,
there are substantial changes to the project, such as a change in
the proposed location or the alignment, then of course an addition
to the EIR may be required due to the involvement of new environmental
impacts not covered in this EIR. However, in order to certify the
present EIR, Council must be clear that it agrees that the Quarry
Road alternative alignment is not a part of the project under consideration
now, although the Council, of course, clay ultilaately reject or modify
this project on its merits.
MOTION: Vice Mayor Clay moved, secondeded by Beahra, that the Palo
Alto City Council, having reviewed the Planning Commission minutes
of October 15, 1975, pages 677 through 725, having received the final
environmental impact report from the consultants, EIP, and having
read in the final EIR pages F-114 through F-121, and further, having
heard additional oral presentation by the ccnsultant this evening
with respect to additional letters referring to the Quarry Road alternative;
and having heard the consultants' response thereto; that the Palo
Alto City Council by this motion declares that the final environmental
impact report is satisfactory and correct with respect to its consideration
of Quarry Road.
Councilman Comstock understcod the motion to say that this report
deals with the alternative in a satisfactory way, anel he thought
the motion dismissed that alternative rather lightly. It states
that the alternative was not really analyzed because there were a
lot of things that made it fairly obvious that it would not go anywhere.
Councilman Comstock could not say that he would vote for motion
which states that this report adequately dealt with that alternative,
because he did not believe it did,
Vice Mayor Clay responded that the consideration of the Quarry Road
alternative was outside of the scope of the directive given to the
consultant for the preparation of the ElR, but pages F-114 through
F-121 of the EIR document constitute adegaecy of the EIR with respect
to that.
Councilman Cometock pointod out that if Council finally decided to
build a road down Arboretum and Quarry Roads, the city would not
have a valid EIR for that kind of a project.
4 4 5
11/24/75
Naphtali Knox, Director of Planning and Community Environment, said
that interpretation was correct. The point was simply that if in
the deliberation that follow Council wanted to get back to an alignment
that relates to Quarry Road, then a supplemental EIR would be necessary
to explore that route and any impact that may derive from it. The
point this motion makes is to clearly setaside as Council policy
that the Quarry Road alternative was not feasible. It was an alternative
to and outside of the project, had been handled adequately in the
EIR, and should be gotten aside so the main effort of Council could
be focused on the Willow Road alternative.
Councilman Comstock said that maybe the intent of the motion was
to say that the QuerryRoad alternative was not one in which Council
was interested; and because Council was not interested; it was not
something that was covered in the report. however, he did not understand
the motion in that way. He wanted to be certain that Council wee
not gotten into the position of saying that the RIR covers that alternative
when it does not.
Mr. Knox explained that the EIR adequately covers Quarry Road as
Luse as it is considered an alternative to the project and as long
as the train focus of the project is the Willow Road Improvement Project.
If at some point Council determines it wants to pursue the Quarry
Road alternative - different from a Willow Road Project - then another
EIR would be required. From the standpoint of focusing on Willow
Road, Mr. Knox said the EIR was adequate to be certified as completes
but from the standpoint of any future desire to build a Quarry Road
alignment, it would not be complete.
Councilman Comstock stated that he was trying to understand the necessity
for the motion and what it accomplished. He commented that he would
study a written copy of the motion whiles Council went on to other
things.
Councilmen Carty remarked that he was also somewhat troubled by the
notion, and he did not think he needed the EIR to make a policy decision.
It seaesme4 to hint the Council made a policy decision on the question
of Willow Road, its widening, and its connection; and the EIR deals
with that policy decision. In the course of events, the Planning
Commission expanded on an alternative which was not considered to
be one of the major consideration for the EIR; and the Commission
has recoeaaended that as "thy" alternative. That is to say, the Willow
Road widening and *canection shall not be the Willow Road widening
and cation but shall be the Quarry Road corection. To Councilman
Carey's way of thinking, the SIR was insufficient with respect to
that alternative if that, in fact, would be the policy decision of
Co: mil. If Council decided to consider that alternative seriously*
then prior to making a final decision*, state law would require a
eupplemental EIR, Councilman Carey pointed out Chat should Council
want to examine that alternative, then a supplemental EIR would be
needed prior to any filial decision. However, he said ha did not
see the Quarry Road alternative as a viable solution sea a matter
of policy at this time. Councilman Carey recalled that he was one
who did pot want to take acacia action a few Weeks ago until he had
bad a chants to read the Planning Commleosion minutes so that ha could
find out why they had arrived at this conclusion, which was fairly
clseriy pot in then scope of Est t e conauitant was doing. After
molding those minutes, Councilman Carey found there wen nothing in
the to convince him that Council ought to a ric sly consider the
Quarry Road alternative. He said he did not want to Consider that
alternative; therefore, as far as he was concerned, the final Edit
could be certified as complete. Cotntci.lman Carey noted that the
ZI) certainly exhaustive with respect to the Willow Road widexisgf, f 1 r
44
6
11/24/75
and connecting alternatives as defined in the document, exclusive
of Quarry Road. If the intention of the coticn was to eliminate
a Quarry Road alternative as a connection to El Camino as a matter
of policy and to get on with the business of certifying the EIR as
complete, snd subsequent to that consider the alternatives (A) through
(G), etc., that would agree with what Councilman Carey had in mind.
Whether or not everyone had read the Planning Commission minutes,
and whether or not the statement as to the adequacy of the EIR-on
the Quarry Road alternative is included, was meaningless to Councilman
Carey because it was a policy decision and not a question of the
adequacy of the report. If Council did not get to the question,
it would not reed an EIR on it,
Mr. Knox stated that the attempt in this motion, as he understocd
it, was one which clarified the status of Quarry Road as an alternative
outside of the project; and the final words of the motion are: "that
the Palo Alto City Council by this motion declares that the final
environmental impact report is satisfactory and correct with respect
to its consideration of Quarry Road". He said that at the time Mayor
Norton brought up this matter with him last week and he conferred
with the City Attorney, it was their collective view that it would
be helpful to have this clarifi.ation regarding the status of Quarry
Road prior to making a final certification. Mr. Knox thought that
what Councilmen Carey had said about the Quarry Road alternative
vas correct, and the motion wculd atcomplith what he stated in his
concluding remarks.
Corrected
See pg. 527
.f
Councilwoman Witherspoon said she could not agree more that tha Quarry
Road alternative would not have desired results; in fact, it would
divide the Stanford Shopping Center, Such an alternative would not
cut dcwn the amoen_t of pollution by easing the flow of traffic because
of congestion reaulting from two right turns, She said she had looked
into the possibility of depressing Arboretum Road; but all of the
utilities are buried under that road, and the cost of moving them
would be prohibitive, So Councilwoman Witherspoon felt that from
various angles, the alternative was unfeasible for accomplishing
the purpose for which the Willow Road Project was being considered
in the first place. She noticed that the people who were proposing
the Quarry Road alternative were quick to add that such a route would
save the trees by the creek; but actually, the Quarry Road alternative
sight doom those trees. Counti2eoraan Witherspoon explained that
that land vas zoned commercial; and if there is no road going through
the Shopping. Center by 1. Magnin and traffic is going along Arboretum
and Quarry Roads, there would be nothing to prevent Stanford from
developing that property with another store. In fact, they would
be almost forced to in order to realize their investment in that
land; and that could mean losing all of the trees. Councilwoman
Witherspoon pointed out that, depending on the alignment of a Willow
Road connection to El Camino north of the Shopping Center, most of
then trees would be saved. The road would be winding through ta*
trees. but there would also be a right -of -Tway on both sides of the
road; in other words, the Assessment District would be, in effect,
buying that property and saving those trees. Councilwoman Witherspoon
felt thet those vhf thought the Quarry Rood Alternative would prevent
lose of the trees should take another look at the whole situation.
Councilman 1lerve.ld *eked that someone tell hiss the wording of the
rotor -x41 to the Planning C mmiesion with reference to Quarry Road,
Mi. Knox responded that this referral was included In the final EUR
on Page F-114. and it wee taken from the minute' of the Ming of
January 13, 1975.
447
11/24/75
Councilman Berwald read from Page F-114: "Councilwoman Pearaon moved,
eec0nded by Henderson, that the Arboretum/Quarry Road alternative
be cos idered". He asked if that vas the last Co ncil comment on
the matter.
Mr. Knox said that motion was both the first and last comment regarding
the subject.
Councilman Berwald understood then..that the Commission considered
that alternative; and they made a recommendation that that be the
alignment. He asked if be were correct.
Mrs. Steinberg responded that was correct.
Councilman Berwald called attention to the EIR references that had
been made which included passe 114 to 121 in the summary, Page XIX,
pages 143 to 148, Figures `J4 and 51, and asked if it were anyone's
contention that those did not constitute enough exploration of that
route as an alternative under the motion made by Council.
Robert Loth, City Attorney, stated that the pages Councilman Berwald
identified warn certainly adequate for a rejection of the route as
an alternative. If it were to be accepted, or seriously considered
for acceptance, the EHR would not be adequate.
Councilman Berwald wanted to know if Council passed a motion that
simply certified the EIR, if that would not be a sufficient action,
or if there were a need for a re -enforcing a.tios that adds the words
that this is an alternative "outside the project". He said he did
not rosily know what "outside the project" rant. The matter was
not referred as an alternative "outside the project"; it was referred
as an alternative, Personally, Councilman Berwald thought it would
be an extremely po_Fr alternative; and he did not feel it had enough
merit to warrant any study. The fact Is that it has been studied.
Council did refer it, it was considered, and there were environmental
impact etatements made about it which were not very favorable. Councilman
Berwald acid be agreed with those stetements. He asked why it was
necessary to have a notion which added the words "outside the project".
He thought that would just get the city into a big battle when someone
in than community decided to make an issue of this,
Mt, Knox reported that the feeling on the pram of the staff in the
Plaveleg Department nt and the City Attorney's Office was that this
leas not an absolutely necessary notion. Certification by itself
would be sufficient, but the advice from the City Attorney's Office
was that it would not hurt to have the motion. In fact, it would
be helpful, in terms of precluding litigation, for the Council to
be quite clear about this issus. Mr. Knox agreed with Mt. Booth's
comnents that were succinct and very such to the point - for purposes
of rejecting Quarry Road as an ,alterative, the Ell is adequate for
certification; for purpossa of accepting Quarry Road as au alternative,
the RIR would pot b. adequate. Mr. Knox reiterated that it vas the
feeling of staff in the Planning Department and in the City .Attoreey'e
Office that this clarifications would be helpful.
Councilman Rerwraid suggested that Council and staff bear from the
public; and while they were doing that, perhaps the City Attorney
could take another look at the words "outside the project". His
own contention was that they juat clouded the ieaue. Council's inteeutioe
,vas, as Councilwomen Witherspoon mentioned, that the alignment which
gave a good, safe, fast, adequate traffic -carrying route fry Sand
Hill Rood tc EI Camino wwa the route that wee needed. A number of
alteru*tivsa were looked at and the Quarry Road ,leas vne of then.
448
11/24/75
Councilman Berwald pointed out that there was more copy on this alternative
than on any of the other ones that were withtn the project. He did
not see why Quarry Road deserved any greater merit than it has received,
and he did not want to suggest that it did by adding the words "outside
the project".
Mx. Booth stated that those words which were disturbing :ouacii.iau
Berwald were not in the motion, but they had been mentioned by one
of the staff to help explain what the motion was all about. Councilman
Carey stated that he was opposed to the Quarry Road alternative not
because of what he had read in the EIR and the Planning Commission
minutes, but because of a lot of other reasons. The nation seemed
to imply that because of the information contained in the EIR, the
Quarry Road alternative is not feasible. Councilman Carey said he
had a lot of other reasons for rejecting it, and he did not want
anyone to misconstrue his position.
Mg-. Booth commented that another reason the motion was before Council
tonight was to avoid what Mayor Norton had anticipated as being a lengthy
and unproductive focusing on the alternative on December 15, when
the alignment of the road is to be decided by the Council. By rejecting
that alternative at this point and certifying that the final EIR was
complete, Mayor Norton was hopeful there would he a reduction in
the length of time needed to dispose of the matter.
Councilman Carey though* Council ehonld nave a policy decision on
Quarry Road; but some members of Council were bothered aomewhat by
the wording in the motion as to what their reliance was being placed
on with regard to the ccnctusion.
Robert Mark, 725 Cowper Street, speaking for the Committee for Green
Foothills, stated that the EIR was not available co the public until
November 24; and he thought Council should keep that in mind in terms
of taking action on it at this meeting.
fir. Knox explained that the document arriveNoveaaber 20, was placed
in the Council packet, and distributed to the libraries immediately.
Seventy-five copies were printed, and every person who had anything
to do with the draft EIR was sent a notice immediately saying that
a copy of the Final EIR was on hand to be picked up Monday through
Friday, 8:00 a.m. to 5:00 p,m, Mr.. Knox pointed out that all of
the information included in the finei EIR as new information in the
front (pages F-1 through F-113) has been discussed at previous meetings
of the Council. Information had been presented and responses to much of
it, if not all of it, were given orally by the consultant. The aaly
new information that mteuld not have been seen before by any ambers
of the public, was in pagem F-114 through F-121, and that consists
of the minutes of the January, 1975 meeting chat sets forth the notion
that gave birth to the Arboretum/Quarry Road alternative plats a three
paragraph count by the.conaultant. Also in those pages was a letter
from the Planning staff to Calera to asking for clarification; and
the response from them, Mr, Knox noted that the three major points
in the response from Coltrane wee teed by the consultant at this
meeting. In addition, there ware some lettere road is; the Council
meeting of November 10; and parts of those letters were excerpted
end read again tonight along with the responses by the consultant.
This sect .that the bulk of tbs information in the document has been
available lable sire September 29. The public hearings have already bean
held, and the process being gone through was simply a matter of the
response ode in public being incorporated into the document. It
was W. Knox' view, sad that view was puppartsd by tbs City Attorney,
that the Planning Department and the city staff has been eoet dillsent
449
1/24/73
in the processing of the EIR; and all of the requirements of the
California Environmental Quality Act and all of the guidelines had
been met, not only to the letter of the law, but in the spirit of it.
Mr. Mark commented that the letter he received Friday did net say
the document was available Monday through Friday. He quoted from
it, "You may pick up your copy at the Planning Department between
8:00 a.m. and 5:00 p.m. on Monday, November 24", It did not mention
that it was available in the libraries over the weekend, and it led
him to believe it would not be available at all until today,
Mary Ann hark, 125 Cowper Street, respectfully requested that Council
not certify the EIR at this meeting. She thought such action would
be premature, and Council would not be consistent with CEQA guidelines.
On Friday, Mrs Mark had received a letter reforming her that the
final EIR could be obtained if she camas into City Hall during working
hours today. It did not tell her that the locument was available
in the library over the weekend. She added that the public hearing
oar the final EIR was also scheduled for today. Mrs. Mark said she
had no data to lead her to believe that the situation wee different
for other members of the public who were known to be interested.
She found it unacceptable that a public hearing on a document and
its certification were scheduled on the same day as that document's
availability. She noted -that Palo Alto EIR guidelines had to be
consistent.with the state EIR guidelines. State guidelines encourage
public participation and hearinga. She added that the state guidelines
specifically euggest that no less than ninety days total review period
for draft and final EIR be made available for a fairly large public
works project, Mrs. Mark submitted that rho Willow Road project
wee a fairly large public works project for Palo Alto. She said
she did not receive the draft EI:. until approximately October 3,
end eh* thought that was the time of general availability. That
male a review period of approximately fifty-one days to date. It
was MMre. Mark's desire to have Council postpone and continue certification
so that meaniugful public input could be provided and so that the
City of Palo Alto would proceed in a manner required by law. She
added that she wished to review the final EIR and offer cents
at a public heating. Council had to certify that the final EIR is
complete and adequate under CEQA. Mrs. Mark quoted the following
from state law: "The lead agency shall certify that the final EIR
has been completed in compliance with CEQA and the *tate guidelines,
and than the decision making body or adminietrativae official, having
final approval authority over the project has reviewed and considered
the information contained in the EIR". In January of this year,
Mrs. Bark scent to the city several legal precedents which indicated
that what amt be contained in the final EIR must be in the document
in writing. She noted that there were three comments not pert of
this EIR, and she did not aeee how Council could possibly certify
it as bring adequate under thie procedure. Mrs; Mark's opinion was
that Palo Alto's procedural review process was not es racoemended
by law, nor was it entirely responsive to the known desires of the
community for adequate public review. She said her comments with
regard to the assessment district were not Adequately addressed in
the SIR. Her point in making those comments vas how the financing
and assessment district formation would relate to constraints an
decision* aging alternative routes. Inclusion of factors ;ilefluancing
the alternative' send their choice is a requirement of state guidelines.
Mrs, Mark suggested Council night wish to at en opinion from the
City Attorney about the ability of Council to make decistona about
the benefit of an EIR. In response to as comment made about commercial
development of the propctty along San Yrancisquito Crank, Mts. Nark
suspected there might be a discretionary ectinaa oe the parr of the
city involved there. She said she wed ba very surprised if that
would reset require as RIA, beat a was ,sting; that that commercial
property Could not d. v.lop without *Mother RIR.
450
11/24/75
Mr. Booth stated he was not prepared to comment on all of Mrs. Mark's
allegations. He noted, however, that there was no public hearing
being held tonight. That process has been concluded; and in Mr.
Booth's opinion, it has been concluded entirely in compliance with
the state guidelines, lo;a1 ordinances, and any other applicable
statutes that anyone eight dredge up. Likewise, he thought the EIR
was entirely complete. It is not required that every time somebody
makes a comment that it be written down and included at a subsequent
meeting. Mr. Booth poirced out that such a process could go on forever.
With respect t' commercial property on Willow Road, he noted that
that property was already zoned. It requires issuance of a building
permit and review by the Architectural Review Board, and possibly an.
environmental aaseasment or FIR.
John Fredriche 3787 Nathan Way, commented this was an important issue
both to Palo Alto and to Stanford; and he thought the opinion of
Stanford should be listened to very carefully. Also, it would be
well to hear of Stanford's plans for development in the general area
of the Shopping Center. Mr. Fredrich thought the opinions of Menlo
Park and Atherton would also become important. In his opinion, the
letters received from Mr. Henderson and Mr, Trumbull were highly pertinent
with regard to their comments on the Quarry Road alternative. Finally,
Mr. Fredrich felt that certification of the final EIR at this time
might be somewhat premature considering the notico given to the public.
Councilman Berwald said with the additions hs wrote in the margin
of the proposed motion, he would consider the motion a very adequate
one if a queetion could be answered. He asked if there were any
part of the EIR that had not been intruded in the public packets
in the libraries from Thursday at 5:00 p,m, and in the Planning Department
from Friday morning.
Mr. Knox responded that the addendum received tonight on RIP letterhead,
which was the response to the Henderson and League of Women Voters
letters, had not been ir:tluded in the packet.
Councilman Berwald asked if those lettere were received within the
deadline so that there was some legal requirement that they be included
in the FIR.
Mr. Knox replied that. the letters came ih juel before the deadline,
and so they were hLno-red. The staff was not able to get them to
the consultant in time for the final printing. One of the letters
w*e read et the Council meeting of November 10, and the other waa
received on November 11, As soon as the letters were received, they
were *tent to the consulrant; ,and he provided the addendum. That
was why Mr. Faure-Brec had recommended .in the , oertif ication of the
EIR that these throe letters and their -responses be indicated as
an addendum as part of the certification,
Councilman Berwald asked if the letter from Terry Trumbull Was in
the packet,
Mr. Bangs said that letter wee in the ;racket, but it did not refer
to the EIR. Rath-r, it referred t;; alagnmeuts.
Councilman r'wald asked if it were neceesery for that letter to
be incorporated into the document.
Mr, XAOZ responded na,getiv'sl.y.
4 5 1
11/24/75
Councilman Berwald asked why it was not necessary for that letter
to be included in the document.
Mr. Knox explained that the Trumbull letter did not speak to the
EIR but to s decision regarding alignments that might be taken up
by the Council at a later date. Also, the letter was dated after
the deadline of November 11. Mr. Knox cemented that with regard to
the public, staff did a number of things that were not necessary.
In establishing a cutoff date, staff went to the trouble of advertising
that date in the Palo Alto Times so that everyone would be aware
that materials had to be in by a certain date so that the final EIR
could be prepared. Further, the city did not have to provide final
copies of the EIR. It is the draft EIR on which the public hearings
sit be held, and there ie no obligation whatsoever on the City of
Palo Alto to provide final copies of the EIR to the public in general
or to people who were participants in the EIR discussion. Staff
Just felt that was something the city would want to do, and so they
went to the extra effort of providing people with the information
that copies were available. Mr. Knox pointed out that although Mr.
Mark said he did not receive copies, he had been in the office today
and picked up two copies.
Councilman Berwald asked if Mr. Henderson and Min. Shefren were notified
about their letters and responses before tonight's meeting.
Mrr. Knox responded that Mr. Henderson and Ms. Shefren were notified
that copies were available to be picked up, and that notification
went out last Thursday.
Councilman Berwald felt satisfied that the city had acted in good
conscience acid that staff had made every effort to notify the people
involved. These people were not amateurs in the city, and they certainly
know that these things are available. They were given an opportunity
to look at them, and there was no attempt made to hide anything.
In Councilman Berwald's opinion, the staff went out of its way to
communicate to the public, and they have done so ever since the beginning
of tba discussions on the corridor. He hoped that Council would
proceed to vote on the two motions.
ANENDNRXT : Councilman Berwald waved, seconded by. Clay, that the
following words be added to the motion: "summary XIX, pages 143-
143, and Figures 50 and 51, and presentations by members of the public,
and after considering the total BIB..".
Councilmen Beaters asked the City Attorney and staff if titre were
any legal or administrative penalties involved in ae continuation
of this matter to the meeting of December 15, 1975.
Met. Booth said there were none that he could think of.
Mr. Faure-Stec pointed out that the coasult.ant'e contract called .
for attendance it four public meetings, and this was the fourth One.
If Council wanted to carry the matter over to another meeting, it
could refer to the consultant's contract +bare the billing rates
mere listed.
Councilman Beahrs thought that was the most persuasive argument he
had beard all evening, and be wondered if the !Barks would like to
pick up the hill.
452
11/24/75
Mr. Sipe! added that if Council pet this particular matter off until
December 15, it would naturally follow that the decision on the alignment
would be delayed.
Councilman Carey remarked that as he understood the lama, the public
meetings on this EIR were closed two weeks ago; and that is to say
the question of whether or not the final EIR was available to the
public is irrelevant. The law does not require that the final EIR
be put out to the public so that they could come back with comments.
He asked if his understanding were correct
Mr. Booth said this was so in a general sense. The purpose of an
EIR is not to provide a set of minutes for comments from the public,
the consultant, staff, or anyone ells. It is an attempt to provide
guidance to decision makers on a major project. To that extent,
there is a period provided at an early stage for receiving the environmental
concerns of the public. Presumably, those were all adequately addressed
by the consultants so that no comments from the public would be necessary
at all to whoever writes the FIR, although they are certainly free
to make them. Mr. Booth stated that in this instance, there were
a number of useful suggestions and questions on the part of the public
that were addressed by the consultant nt in the final EIR. He added
that the prowess was essentially completed with regard to the public,
and the docws,en,t- T.ra ncsw veady t.? be used by Cco,.nci . in its decision
r king.
Councilman Carey ar3ked ii there were any legal reasons why Coincil
should not take action at this meeting.
Mr. Booth responded there were none,
Coencilean Carey said that the question then was just one of whether
the final EIR was available or not on Thursday and Friday in the
usual places and whether that question would affect the action taken
tonight. He continued that he war skeptical because he knew that
the speakers were aware of where they could find the E11. Vowever,
in light of the statements made by a ten members of the public to
the effect that they did not get the report in time, Councilman Carey
made the following motion:
SUBSTITUTE MOTION: Couneiiman Carey moved, seconded by Beahrs that this
matter be continued for two Treks.
The substitute motion tailed on the following vote:
AYES: Beahrs, Carey, Comstock
NOES: 8erwald, Clay, Eyerly, Witherspoon
Vice Mayor Clay said the ilerwaid emandaent was would be incorporated
into his motion.
MOTION RESTATED: Councilman Clay moved, seconded by berwald, that
the Palo Alto Ciry Council, having reviewed the Planning Commiseiou
minutes of October 15, 1975, ;rages 677 through 725, having received
the firer environmental !swot report from the consultants, EIP,
end having read in the final EIR pages F-114 through 7-121, summary
XII, page. 143-148, and F.igura.a 50 and 51, and presentations by members
of the public, and after considering the total EIR, and further,
having heard additional oral prssentstion by the consultant this
evening with respect to additional letters referring to the Quarry
Road alternative; and having herd the consultants' response thereto;
that the P*lo Alto City Council by this motion declares that the
final environmental impact report Is satisfactory and correct v,Ith
respect to its consideration of Quarry toads
453
11/24/75
Councilman Carey wanted to make it clear that his decision would
not be made entirely on what the motion addressed itself to. He said
he would vote for the motion but only because of the result it would
achieve.
The motion as amended passed on the following vote:
AYES: Beahrs, Bermald, Carey, Clay,
Eyerly, Witherspoon
ABSTAIN: Comstock
NOT PARTICIPATING: Sher
ABSENT: Norton
MOTION: Councilman Clay moved, aecouded by Beahrs, that the City
Council certify the final EIR on the Willow Road Lmprove ent Project
dated November 1975, together with the addendum presented on November
24, 1975 by the Environmental Isapact Planning Corporation of San
Francisco, California, has been completed in compliance with the
California Environmental Quality Act and the State of California's
guidelines for preparation of environmental impact reports, and that
the City Council of Palo Alto as the decieiou-making body the reviewed
and considered the information contained in the final environmental
impact report.
Councilman berwald asked if a delay of the certification of the final EIR
would have any great impact. Some persons in the audience had requested
some delay, and Councilman Barmald Kam willing to accommodate them
if they felt aggrieved even if the did not agree with their feelings.
He said that if there would be no serious impacts because of it,
he would be willing to make a motion to continue the matter.
Mr. Sip,e1 responded that such a continuance would impact the project
to some degree. Looking back over a period of years, two weeks did
not mean much; but looking ahead to the costs in construction, any
kind of delay would mean more money outlay. At meetings that were
held, both staff and representatives from Stanford expressed the
desire to move ahead with the project as quickly as possible; and
Mr. Sipsl noted that Stanford is a major Contributor to the coats
involved.
SUBSTITUTE MOTION: Councilman Ber-iald awed that certification of the
final !I.R be continued for two woes.
The motion to continue failed to lack of a second.
The certification motion passed on a unanimous vote. (No;ton absent; Sher
not participating.)
SANTA CLARA COUNTY -- SUNIPERO
TEEKriNtrairifEf REPORT (ice: 572:3)
MOTION: Councilman Comstock moved, seconded by Baehr', that Council
approve the following staff recommendation that Council informs the
County Board of Supervisors that: (1) Installation of a traffic
sill at the intereaction of Junipero Serra Boulevard and Stanford
Avenue would bo highly undesirable; (2) The Council adopted 4 policy
of opposition to the Foothill Expressway/Page M111 Xxpresevay interchange
in recant discussions relating to the Palo Alto Comprehensive Pte;
(3) So position can be taken at this tine regarding either the eztensioe
454
11/24/75
or the best alignment of Foothill. Expressway from Page Mill Expresaway
to Alpine Road; and (4) Stanford University's future Campus Drive
extension to either Junipero Serra Boulevard or to a possible future
Foothill Expressway extension to Alpine Road is considered to be
a critical element of a comprehensive solution to the traffic problems
in and around Stanford University.
Councilman Sher, speaking to the third recommendation, noted
that the consultants' report pointed out all of the cuts that would
have to be made if the road were put through the hillside. He thought
it was i.mportant for C-ouncil to let the Board of Supervisors know
now that that would not be a suitable alignment.
AMENDMENT: Councilman Sher moved
added to point (3) of the staff's
there should be no realignment of
that the following language be
recommendation: "but In any event
the roadway through the hillside".
Councilman Comstock, with the concurrence of his seconder, included
Councilman Sher' a wording its his motion.
The motion including Councilman Sher'a amendment to add additional
language passed on a unanimous vote. (Berwald "out"; Norton absent,)
NEWELL ROAD STOP SIGNS (CMR: 5 7 3: 5)
MOTION: Councilman Comstock intxcdoced the following resolution
and moved, seconded by Beaters, its adoption:
RESOLUTION HO. 5169 entitled "RESOLUTION OF
I'HE COUNCIL OF THE CITY OF PALO ALTO AMENDING
RESOLUTION 4291 CHANGING THE CITY-WIDE STOP
INTERSECTION SYSTEM AND MAP"
the resolution was adopted on a unanimous vote. (Berwald "out";
Norton absent.)
,OOLIDAY INN STREET DIRECTIONAL SIGNS (CMR:574:5)
MOTION: Councilman Eyerly moved, seconded by Comstock, chat Council
direct staff to remove the double bank sign towards Urban Lane and
the sign towards the Veterans Building at Mitchell Lane.
Tod Noguchi, Director of Transportation, explained that the signs
were designed to be of aiseiata>oce to persons who were unfamiliar
with how to get to the holiday Ian, and eliminating the one towards
the Veterans Building could cause some perplexity to these people.
Staff felt its recommendations for signs were necessary until a representative
from the Holiday Inn came in and asked for a P -C application which
would permit this 'Kind of signing to be installed on site.
Vice Mayor Clay commented that the Red Cross sign was exactly the
ease situation,
Councilwoman Witherspoon asked that the motion be divided. She agreed
that as person could be lost by -the Veterans Building, Realistically,
Councilwoman Witherepooa thought the Holiday inn should present its
signing difficulties to the Archftecturaal Review Board.
Vice Mayor Clay agreed to divide t s notiop.
455
11/24/75
Mr. Knox said there had been no activity on the part of Holiday Inn
since Council and staff last saw then, and he did not know whether
they would be coming in with an application for a P -C zone. He suggested
that one possibility would be to allow for the installation of these
signs on the condition that they be removed upon Holiday Inn sign
installation on their property.
Councilman Eyerly felt the sign by.the Veterans Building should be
removed. Pis philosophy about signs woe, the fewer - the better.
Part I of the Eyerly motion to remove the double bank eign towards
Urban Lana passed on the following vote:
AYES: Berwald, Carey, Comstock, Eyerly,
Sher, Witherspoon
NOES: Beahra, Clay
Part II of the Eyerly notion to rive the single bank sign towards
the Veterans Building at Mitchell Lane passed on the following vote:
AYES: Berwald, Carey, Comstock, Eyerly,
Sher
NOES; Beahrs, Clay, Witherspoon
MOTION: Councilman Comstock moved, seconded by Eyerly, that :staff
implement the remaining sign installation as recommended ixt 09:574:5.
The motion paased or a unanimcus vote.
MAR/CM
AREAS (C :567:5)
MOTION: Councilman Seahrs moved, seconded by Carey, that the wetter
be tabled.
The motion failed on the following vote:
AYES: Eeahrs, Berwal.d, Carey
NOES: Comstock, Choy, Eyerly, Sher,
Wf the:raepoou
MoTIONt Councilman Comstock introduced the following ordinance mud
moved, seconded by Witherspoon, its approval for first reeding:
ORDINANCE OF THE COUNCIL OP THE CITY
OF PALO ALTO APPROVING AND ADOPTING
PLANS FOR ENCLOSED DOG EXERCISE AREAS
Ili GREER PARK, HOOVER PARK, MD MITCHELL
PARK
Councilman Bsahre stated it was offensive to than majority of the
people to the tow to have any public space give ► over to the exclusive
use of dogs, and be said he would oppose that motion.
loss Thompeong, 555 Forest Avenue, felt that the owners of cats and
dogs Should assume all responsibility for them; and he wanted Palo
Alto to be a human being centered kin8 of a city.
456
11/24/75
Stephanie Beach, 895 Clara Drive, thought that the city's providing
of space for owners to use in the training of their dogs was a very
good thing from which everyone would benefit.
Councilman Sher commented that he did not consider the proposal to
be pro -dog and anti -people. The plan of having space in parks for
dogs on an experimental basis wee brought about in an effort to keep
dogs from running loose everywhere in public parka and on school
grounds. Dog areas in public parka were being used extensively,
and Councilman Sher thought this plan should move forward.
Councilman 8tahrs thought the owners of dogs should pay for expenses
related to them, and he did not like having the city eubsidize dogs
and also provide them with a portion of various parks.
Councilwoman Witherspoon remarked that the dog areas already set
aside were very wt!ch used, and it was important to realize that dog
owners ready did do their best to pay their own way.
Councilman Beahrs said he would dispute any idea that dog lovers
were entirely responsive to the desires of the general community.
Mr. Thompson stated he was not "anti -dog's but on the other hand,
he strongly felt that if a person owned a dog, it was that person's
responsibility to find a way to take care of it. For instance, if
an individual does not have a big enough yard to properly take care
of a dog, then he should not have a dog.
The ordinance was apprcved for first reading on the following vote:
AYFS: Z3erwald, Comstock, Clay, Eyerly,
Sher, Witherspoon
NOES: Beahzs, Carey
l (?iT.S'i To C MEET IfiIC OF i�1�Cl 3E.R 1, 1975
MOTION: Councilman Comstock moved, seconded by Witherspoon, that
the regular meeting of December 1, 1975 be cancelled.
The mro t ion passed on a unanimous vote.
EST TC U$E PIGGYilACI FUNDS.
Councilman Carey reported that the PAHC had advised him regarding
a case referred to them through a social worker at the Stanford ?4edi.a►l.
Center, and that case involves an elderly woman who has several physical
disabilities. This parson is living inone of the city's federally
subsidised apartments; and because it is subsidized, she is, in affect,
getting some rent subsidy. R w,ar, her financial circumstances
have become crucial because she has reached the age of sixty-five
end so bas lost her disability benefits. Councilman Carey explained
that there is an application to HUD for funds, but there is a six
mouth delay; and the easy =moor to the problem would be to use piggyback
funding, which the city dais have. In order to get the funds to
the person in question, it would be necessary for Council to approve
the specific Lute of the piggybec,k finis.
457
11/24/75
MOTION: Councilman Carey moved, seconded by Comstock, that Council
approve the use of piggyback funds in an amount not to exceed five
hundred dollars or until funds can be cbtaiawd,for the client to
cover special circumstances as recommended by PARC.
Mr. Booth was not sure exactly what mast be dons to implement this
matter, but he said a report would be back to Council by December
8.
The motion passed on * unanimous vote.
None.
AgatinglEir
NOTION: Councilman Berwald moved seconded by Comstock, that the
meeting be adjourned with a great deal of thanksgiving to rod for
all that this cowatxy and this city has, end with thankfulness for
all of the people of Palo Alto who have helped Council operate in
past years, and with the hope that nett year everyone in the city
will have sauce to he thankful for.
The motion ps,saed on a unanimous vote.
The meeting of November 24, 1975 adjourned at 12:40 s.m.
ATTEST:
APPROVE:
City Clerk Mayor
4 5 1
11/24/75