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HomeMy WebLinkAbout12151975CITY COUNCIL MINUTE5 Regular Meeting December 15, 1975 IT( Special Executive Session re litigation Minutes of der 17, 1975 Oral Communications Willow Road Improvement Project---Dssignatioa of Aliment Contract with Senior Coordinating Council Veterans' Building: Bid Award For Reroofing and Repair Wcrk Dissolution of the Barron Park Firs District Designation of a Firs Zone for Barron Park 1976-77 Community Development Funding Compensation Plan for Fire Department Employees ICC Resolution re County/City Balsa Tax Matter Request of Councilman Bereald re usage Parlors, Places of Questionable Moral Zntertaiasant and Pornographic Liter4ture and lila Outlets Request to Carmel Meeting of mar 22 Adjournaurat CITY OF PALO ALTO PAGE 4 9 1 492 4 9 2 4 9 3 5 1 6 5 1 8 5 2 0 520 5 2 0 5 2 1 5 2 1 521 523 523 Special Executive Session December 15, 1975 The City Council of the City of Palo Alto met on this dater at 6:45 p.m. Sin a special executive session to discuss litigation. Present: 3sabrst Berwald, Carey, Cloy, Comstock, Eyerly, Norton, gher, Witherspoon Abst:wit : None Mr. Robert K. Booth, City Attorney, sad Georg* Sipple City Manager, were also present. The Special Executive Session wits adjourned at 8:04 p.m. ATTEST 1 , City Clerk 4 9 1 12/15/75 APPROVE' hayor „eth.v, December 15, 1975 The City Council of the City of Palo Alto met on this date at 8:05 p.m. in 4 regular meeting with Mayor Norton presiding. Present: $sabrs, Berwald, Carey, Clay, Comstock, Eysrly, Norton, Sher, Witherspoon Absent: Hone CF M CCUnciian Eye:ay referred to page 394 and requested that "two hundred" on the eighth line of the fifth paragraph be corrected to "twenty". Councilman Sher sulked that than typographical error after the words "wee set" in the fifth line of the seventh paragraph on page 394 be de1st;aad. MOT1gMs Councilmen Esahrs mo 4, seconded by Comstock, that the Rinotes of the meeting of November 17, 1973 be approved 46 corrected. The notion passed on a unanimous vote. eta Claus, North Pole, greed the Mayor and ell of his little helpers. Ms said that actually, he was a )Aacabes held over by a Haeukkah snow storm; but he titled himself Santa Claus on the audience participation card is order to avoid confusion. Mr. C1sus stated that during his annual trip to celleet ree nests, be noticed a tall, lees tree; and had been informed that tree marked Vale Alto. Before coatis on his lourusy, be decided to stop and wish the Council mad ell of the citisene of the wit a Merry Christmas a 4 a s Rem Year. Nayor Morten thanked Mr. Clams for to pia8 a . need ' hs said be was glad the tall tree bed caught his eye. 1. Joyce Ivsrsol, speaking for the Committee for the Garden Patio at the Cultural Center, receded that about four years ago the City Council put forward the money to carry out the landscaping of the Garden Patio at the Cultural Caster. The florets and the Garden Club of Palo Alto combined efforts, under the leadership of Allan 1 rosgacr s, to raise enough money to reimburse the city. llt+s. tvsrsoi presented s clench in the amount of $3,601.13 to Mayor Morton. 492 12113175 4 Mayor Norton, on behalf of the Council and the city, thanked the Garden Club for their check. He said that ha! 'realised how much time and effort had gone into this project, and the results were commendable, Mayor Norton noted that it was a rare thing for the city to be reimbursed for investments of this sort, and the return of the money was very much appreciated. !. = TO BUNG I 4 N e .0 1 ON TQR AGENDA MOTION: Councilman Bezwald moved, seconded by Clay, that Item 4 on the agenda concerting the Willow Road Improvement Project, be brought for consideration at this time. The motion passed on a unanioaeus vote. ROAD IM?RO T _-- :545:5) Councilman Sher stated that he would not participate it3 :he discussion or voting on this subject because he was ar% employee of Stanford University, and the University was involved in the project in several ways, Councilman Sher left the meeting and did not return. Mayer Norton reported for the record that Peter Carpenter, Planning Caeeaiesioner, did not participate in the Planning Commission discussions on Willow Road because he is an employee of Stsnford University. Mayor Norton thought it would be appropriate to start the meeting with a report from Emily Renee', who was representing the Plaenniog Commission. Ma. Iienael stated that Council had received the Planning Commission recommendations, so she would just briefly outline the Commission's position. The pria+sry recommendation for the Quarry/Arboretum connection to Ell. Camino with a possible new coMbined intersection at El Canino vas based on several factors. (1) It is approximately squally distant to go north or to go south of the €hspping Center to connect to El Camino. (2) Arboretum and Quarry Roads are etisting dedicated public rights -of -way, so land acquisition costa would be mttf*lssd. (3) This alternative with a new intersection would take only marginally used Shopping Cantor parking spaces -'hares which have as their closest point et the canter the Emporium loading dock. (4) By combining the intersection with the Shopping Center intereectUon, there would tbsn be only one intersection instead of two in that short distance on El Camino, thereby easing traffic flint on El Canino, . :eel said that eltio4 gha the vote varse three in favor, one opposed, and two abetentioan for the Commission's second choice aelternetive, all but one Comel esionsr participating isn the October 15th meet _: expressed support either sae as first or seed choice, for Alternative Two with Aligneent A as des ribed on Figure 13 folly page a in the EIS. (This is the t 1► conneetl.on to El vino from Arboretum.) There was general agreement with the consultant's opinion that the intersections rather than the 'lumber of lanes controlled the capacity of the road, and U vas oleo the can>fana/taat's strong opinian that there would be no gr t induced traffic. The Commission felt this was the least environmentally damaging of the alternatives alternatives and alignments north of the Shopping Canter. The potential loess of parking spaces could be reduced to only fifty-seven, which is mall compered to the over four hundred end fifty spaces projected to be lost in the Shopping Center's owe expansion. 493 12/15/75 Ms. Renzel reported that finally, the Commission expressed a sense motion supporting those alignments, regardless of the alternatives, which do not cut through the trees and which follow the border of the parking lot as expressed in Alignment A. Mayor Norton thanked Ms. Renzel and suggested that staff outline what was before Council and what was recommended from the staff's point of view. Son Pawloski, Director of Public Worms, stated that in order to arrive at a decision on an alignment staff considered alternatives (1), (2) and (3). Alternative (1) was a four4lane wide, ninety -foot right, - of -way, from Sand Rill Rood -Santa Cruz Avenue intersections to o Arboretum Road and its eight alternative extension alignments between Arboretum Road and El Camino deal that have varying right-of-wsp widths, A through H, and five intersection schemes at El Camino Real, Humbert (1) through (5). Alternative (2) provided for a four -lane widening from the Sand Rill Road -Santa Cruz Avenue intersection to Arboretum Road and a two-lane extension from Arboretum Road to E1 Camino Real, roughly following the westbound lane of Alignment A. Alte tive (3) was tha widening of Willow Road to thanes lanes from the Send Hill Road -Santa Cruz Avenue intersection to Pasteur Dive and changing to two lanes from Pasteur Drive to Arboretum Road, and then extending Will ► Road from Arboretum Rod to El Camino Real with two lanes roughly following the westbound lace of Alignment A. ML. Pawloski said that in addition to those three altsrnativsa, staff also considered the impacts and mitigation measures that were previously identified. These are attached to the staff report and are identified as Exhibits (A), (B) and (C). Staff also considered traffic and the ability of the proposed alignment and the cross inaction to meet present demands and projected needs while providing a reasonable level of traffic service. Mr. Pewloski stated that ste►ff has consistently advocated Alternative (I) , Alignment (D) , for tha eztaasion of Willow Road from Arboretum Road to El Camino Real for three rayons. First of all, the staff felt that Alignment (P) provided a visual buffer of trees between Willow Road and the Shopping Center. Secondly, the route through the trees provides a pleasant visual impact to those .in Willow Road. Thirdly, the *ligament doss not encroach on the Shopping Center parking lot et anticipated access points, thus sdniaising potential adverse impacts with on -sits traffic circulation. Mr. Pawloski reported that as a result of further study of all of the alignments proposed for this project, staff eras ltd to the conclusion that a modification to Alert (D) should be considered. In reality eight different alignments through this grove area have bean recommended, but staff tit there was an opportunity to consolidate some of the more desirable features of some of the alignments and develop an alignment which could be called "Alignment D - Modified". For the purposes of the staff report., this alit would be referred to as Alignment I. Proposed Alignment I could be considered a fine tuning of Alignment D. Alit I would extend from Arboretum Road to just beyond the saetxaec4 to Children's Hospital in identically those same wey as shy on a1l the previous alignments. It would have four canes with a median strip and two bike paths2 c one on each side cf the vehicular travelled envy. Prom there it would follow Aliments G and H to a poiast opposite the northsaat corner of that I. Magnin store. At this point the saline end graeuaally ester the parking lot so as to provide * sweeping right-bam4 turn into E1 Camino Real. Extensive is decspiaag of the intersection the could be effected and the visual qualities improved. In addition to a bike path on each side, pedestrian .ad bicycle is st the Willow Road-.; Caem1 o asel intsi kion, ^ et gam, be secomodated by a signalise r e . With 49 4 12/15/73 regard to the intersection at El Camino Real, Mr. Pawloski pointed out that any intersection developed there would be subject to approval by the California Department of Transportation. Staff was asking that it receive an assignment from Council to develop the best possible alignment within the broad outlines jest described. Alignment i as shown on Exhibit E indicates only the limits of the right-of-way, and staff hat not had the opportunity to work out the design detail. Staff wanted towork out those details and bring them back to the City Council for approval. Mt. Pavloski continued his report by discussing project costs in general taxes. The costs reported in the August 15, 1974 staff report were at the level of 5.7 million dollars, and that amount was based oo a four -lane roadway from the Sand Hill/Santa Cruz intersection to El Camino Real. It would specifically involve two 124 -foot travel lanes in each directions, a 14 -foot landscaped median, atd 13 --foot parkweys with 8 -foot wide surfaced pedestrian and bicycle paths on each side of the road, all of which would be within a 90 -foot right- of-way. Many subsequent suggestions and ideas have evolved, and none of those have been reflected in the initial cost estimate. There ie a Heed= therefore, to lo beck and revive the cost estimate based on the decisions mad_ at this meeting. Furthermore, the initial cost estimate was based on construction beginning in the spring of 1975. Mr. Paw1oski commented that, as proposed, the project is to be financed through e special Assessment District. About ninety percent of the project would in financed through .the District with ether participating, agencies. In taalkine about financing and participation from other agencies, be thought it would be best to discuss various segments of the roadway. Between the Sand Hill Road/Santa Crux! Avenue intersection and San Franoisquito Creek, it is anticipated that there would be cost participation from the City of Menlo Park. Referring to the Seas Francisr;uito Creme Bridge, Mr. Pawloaki, acid the original cost east mate of 6.7 million dollars included $260,000 for widening the bridges or for construction of another bridge adjacent to the ezistieg one. He added that that cost was included in the suggested cost participation on the part of the city; ado the $260,000 was part of the $670,000 which vas suggested as the city's coat participation. That portion of the highway from Oak Creek Apartments to Arboretum Road is to be financed by Stanford University as a result of an agreement bets the University and the city. Between Arboretum and El Camino Taal, the suggestion was that the city pay one-third of the cost of improvements only. Eased on studies done, staff was aware that one-third of the traffic involved vas through traffic; and so it was felt that one-third of the i'aprovemert costs should be borne by the city. Hite. Paavloski explained that all, of the land costs throughout the project, including that section from Arboretum Road to El Camino Real, have been seamed to be amassed against the District and the bensfitting property owners. The costs for the intersection at Bl Camino Real and Willow Road were aplit up on the baaai4 of cost participation between the State Highway Depavmant, tha Assessment District, and the city. It was assumed that the California Transportation Department would pay for two of tha these "lege" at that intersection. The coat for t ae would be $126,000; and the city's share would be $21,000. Pasticulerly with regard to these costs, the indications are that due to the serious budget cutbecks in the Highway D epsrtaei.t, their cost participation would be ainia<s.l if not at all. The point Mt. Paeleski was making was that if any coat participant.dropped out of the project, those costs ceelt .bs transferred to the Assessment District. i!3 12/15/75 Speaking to preliminary project planning from this point forward, Mr. Pawloski noted there was an existing appropriation with a balance of $23,000 which could be used for the preparation of preliminary plans reflecting decisions made by Council at this meeting. In addition, i project cost estimate and a preliminary amassment spread would be prepared since there wee a need for all of the participant' in the Di,,trict to have some idea of what their financial burden would be. In the interest of einixising coats, staff believed it should not outer into the final cousultant selection procedure until decisions were made on the preliminary design. With regard to immediate implementation stapler 'Where were three actions which staff recoemended that City Council talus. The first wee that Council designate a specific alignment between Arboretum load and RI Cassino Real. In November of 1974, Council approved in concept the idea of a four -laser roadway from Sand Mill Road/Senta Cru, Avenue intersection to Arboretum Road, Mr. Pawlocki thought that at this meeting Council should reconfirm that particular approval, Secondly, there were two Reeolutiocis for Council approval which requested extraterritorial jurisdiction from Santa Clara County and the City of Menlo Park. Attached to the Resolutiouae were Resolutions of Prslimieax)y Deeerminetion and of Intention which were to be ep;-roveed in form only by the County and by Menlo Park, The reeean for thin is so that there two bodies will have soma idea of hoer Palo Alto intends to proceed with the project. Mr. Peeloski explained that approval of the Resolutions of Preliminary Determination and of Intention would be requested later during the Aaseseasnt District Procsedinge. The third recommended implementation step was for Council to authorise staff to prepare preliminary pleee, ae preliminary cost estimate, and a tentative easeeeme t spread !wised on t,a decisions made tonight. Mayor Norton, in order to clarify the elide depicting Alternate I, asked Mr. Paavloaeki if he were correct in understanding that the dark - lines showed the oiit*sme*t limits of the entire project, including bicycle trails end pedestrian paths outside of the roadway end going in both directions. Mr. Tawlosbi said Mayor Norton'• interpretation was correct. Ne added that the 040 obvioaas dip in OM of the dark lines had been doe with the intention of saving scans trees, The final design say have a fear such irrsguleritiss to accommodate the saving of tress. Kalov Norton said him nest *mutton bad to do with clarification of the main difference bets Alternate D sad the modified Alternate I. It appeared to him that the main difference was that staff wee roc ise *having the northern boundary of the right-of-way further from the creek and bringing it south so that so that it would actually go through a career of the existing pavement co the south; whereas', in the o t iaal Alignment D, that was not the case. . Mar. Paewlo*ki rsspmed ed that there were really two differences. One new to pull the alignment down is order to preserve more of the open, uadsysloped arse; aced in addition, at the iatmrssetiaa staeff had puled dam the alignment and created a flers in order to accommodate a right -turn game et sepa nets from the resaesineing lass. With regard to the latter, flu. Pawloski said that as previously proposed, there were five lines of asphalt that ward enter the intersection. By wig np the throat of the intersection, staff would then have the ability to install islands end landscaping end seeks that arrangement more aesthetically pleesine. Age 11/13/73 Councilman Beahre asked if it were possible for the county to be involved in this project. The wools thing had dragged along to the point where the possibility of state involvement was minimal. Mr. Pavloaiki replied th4t the indications wart the county would not be involved. The roadway was not shown an any of the county system. Councilman Beahrs aekad Ms. Rangel what the impact mould be of ivjactirrg a heavy flow of traffic in the southerly route which the Commission proposed. His fear vas that such a routs would caus* more traffic to spill into Embcrcedero Road which vas already suffocated with morn than tv.ntyrono thousand cars each day. He also asked what the impact would be on University Avenue from a traffic standpoint. Ms. Ra ngel said that the Commission did not have specific traffic figures, but it prasumed that the traffic which would flow on the Quarry/krborst m connection would be roughly simile and equivalent to that which would come in at the Willow Road connection north of that Shopping Center. Staff indicated that possibly some of these cars would continue south on Arboretum rather than take the Quarry Road exit to El Camino. The general indication watt that most of the eastbound traffic on the Willow connection would be headed north rather than south. Councilman Beahre thought it woe too bad to Aare a project of this magnitude an the basis of presumptions, His own ccnclueion vas that the Commission's recommendation would rssult in aggravating the horrendous traffic problems which central Palo Alto already suffers. Vice Mayor Clay, referring to the modified Alternate » and the route that takes a swooping right turn on El Camino as it goes through the parking lot, asked if that route would go over currently paved roadway or if it would cut across parking stalls. Mt. Pavloski responded that there were some parking stalls involved. Vice Mayor Clay asked how any stalls would be lost if the roadway were built according to this particular alternate. Mr. Pavloski explained that staff bad not 441 yet gotten into those detaiiz. Councilwoman Wit orapoo * asked if there would be an advantage in having the bicycls panes on both sides of the rod or if ttbere would be mere advantage in having them cambieaed with tits pedestrian pates on the crook side. Mr. l.vlo,kf responded that utaff really felt it was vsces.ary to have bicycle paths on both sides of the roadway. Councilwoman W+ithorspoon did not ace how they would communicate with each other except at 11 Camino or Arboratwan, and she arasksd if that wsa mare the depressed tunas' would be. Mr. paalocki said there was an opportunity all along Willow loud for crossing from .rue side to the other. Councilwoman Witherspoon catenated that in Ali, aunt D, gaits close to the iatsr*.ctisn, there was a dotted lives shown on tbs drawing which was labeled "potential undsrcroasing"1 4 12/13/73 Mr. Pewloski commented that staff recommended in its proposal that that not be done, and that there be a crossing at the signal lights. Councilwomen Witherspoon asked if et some future date Council would have a athematic drawing showing the bridge at the other end of the road. ,She was somewhat concerned because the divided four -lane road would have to be constricted as it approached the creek because Menlo Park's four --lanes were contiguous. Ht. Pawloski explained that a widening WAS proposed on the southerly side of Sand Hill Road between the creek and the Sand Hill/Santa Cruz intersection. Councilwoman Witherspoon thought there would be a problem at that end, too, with the pedestrian/bicycle creasing. Mr. Pawloski said that as be recalled, there were no deaignated bicycle path in the sectiota between the creek and that intersection. Councilwoman Witherspoon asked if the bicycle paths would go from Santa Cruz Avenue to El Camino Real. Mr. Pawloski responded that that area was outside of the city, and he was not familiar with those plat's. Councilwomen Witherspooe asked if this were sometbiag for which staff needed Council direction. In *that words, if Council wanted to have bicycle ;sathe the whole way, was that something that should be indicated *ow. Mr. Pawloski said the intent would be to work the whole thing out so that the systems would tie together, but he did not know what had been done on the matter ac of this date. Referring to the !l Camino intersection Councilwoman Witherspoon noted that there ware about five possible schemes for the right eagle approach of Willow Road to El Casein Real, end she asked if Alternats I would come closest to Schema 3 which has as island be en the iants. Mr. Pa vloski thought ti:1 c was so, but those pleas were very schematic; and staff wanted to have the opportunity of getting into that subject in design detail aa`sd casing back to Council for approval. Councilman Comstock asked when Alternate I was developed. Mt. Pawloski replied that staff put Alternate I together in the last few weeks. Councilman Comstock assumed than that this was not something which had been reviewed by the Planning Commission, Mr. P vloski said that was correct. Councilman Caaetock concluded that only the boundaries et the right- of-way were bed sheen on the drawing because staff did not know ea precisely mere the road would so in Alternate I as it did for the other alternates. Mx. Pewlo.ki stated that Councilman Costock's conclusion was correct. 498 12/13/73 M Councilman Comstock understood it, staff wanted Council to give it instructions to provide an equivalent amount of detail for Alternate I. tor. Pawloski said that was correct. Councilman Comstock asked how long that would take. Mr. Pawloski thought that process would take six to eight weeks. Councilman Comstock asked if staff wore saying that it wanted Council to direct it to proceed with this ono alternate and forget about the others, or if it were flaying that it wanted. Council to direct it to develop Alternata.1 to the -same level of detailing as the others aea a decision could then .be made among all of the alternates. Mr. Pawloski said staff was asking Council to specifically choose au alignment Councilmen Comstock asked if staff were asking that Alignment I be chosen. tyir. Pawloski responded that that erne the staff recommendation. With regard to mitigation of noise, etc., Councilman Comato.:k asked if this were the appropriate time for Council to be giving direction or if there were a more appropriate time in the future for such action. For instance, staff commented that noise barriers were a way of cutting down thi increased levels of noise that would occur near the golf course. If Council wanted staff to go ahead with that kind of mitigation, Councilman Comstock wanted to know if it should say so it this meeting. Kr. Pawloski cos anted that staff indicated in its report that wherever poasiblsr it wanted to incorporate the mitigation maaaores that have boon sugg.eted; and staff intended to do something about the specific problem which Councilman Comstock asntio ad. Councilman Comstock neitirated that he rally wanted to know if directions in the area of mitigation should be given tonight. Mt. Pavloski explained that he hesitated only because be did not want to burden Ceumcilmeeabora with the task of doing the design. Councilman Mock amid he shied not want to mina the chance of bringing up this issue if tonight wore the appropriate time to do it. He woo trying to be certain that six month* from now, staff would not say that the mitigation auggastio s should haws been "ado earlier because they bad to be part of the cost of the project. $r. Pawloski thought od,quate direction would be for Council to say that wherever possible, nitigotion ssasurs s with regard to nole*, vegetation, vi1dlifet, prmserrmtion of trees, and archeo1.ogice.1 findings should be incorporated into the project. It was staff's intention of incorporating into the project all of the hit# tfom *frosts that it reasouably could. If Councilman Comstock had some specific conctorna, ltr. Pavl.00ki thouebt staff should hear then. Conmcilmon Comstock wonted to known how, if Council give such geooral direction, it would Unow which ones staff uiti etsly docidad could bas r ably included. 4!! Mr. Pawloski responded that staff could report back to Council on those mitigation efforts which are incorporated into the project. Councilmen Comstock asked whether there would be enough time to effect changes if Council told staff, when it reported back, to include m.ti;aation efforts which it had left out. Per. Pawlooki replied that that would have to be done early in the process se there would not be significant changes* in any of the deaigne, and he thought that could be worked out. Councilman Comstock explained chat he was trying to work out a feedback process so that Council would find out what mitigation meaaures staff was planning in time to say whether it agreed or disagreed with chose which were chosen, Me. Pawloski felt that evidence of staff's intent was shin in Exhibit A. Staff thought it would be helpful to include those mitigatiou measures along with the report, and they took the time necessary to pull all of them out of the EIR so they would be easily usable. Coenctlman Comstock felt from the various reports which had come from staff, that they had made the judgment that some of the msasurea olght to be passed on. Councilman. Comstock asked if the report received by Council and the Planning Commission this week on Alternate I was the first exposure which the Commission had to it. Ms. Renzel said that was correct. Mayor Norton thought it appropriate to point out that Alternates A through G, which were before the Planning Commission, certainly included the changes which were reflected in Alternate I as it changed Alternate D. In his opinion, the Planning Commissioa was invited to come up with this kind of a configuration or seething which it tit old be better; and Council did not receive that help from them. Mayor Norton vas not sure that a failure to refer the matter again to the Planning Commission would make much difference. Ns. Rommel responded that the Planning omission did recommend Alignment A both for Alternative Two and as an alignment for the other alternatives. flavor Norton assumed that referring Alignment 1 to the Commission mold not substantially chime its reaction. Me. 'tonsil noted that the Commission did not have Aligramant 1 to free with Alit A. Mayor Morton asked If AliAlisnmeot I were referred to the Canniest= whether that would sake any difference to that body its its decision. Ms. Reosel said a great nu bsz of analyses wire given for each of the sli ts is terse of the der of tress that would be take*, the amber of parking space* lost, etc.; and th. Commission dial mot have the benefit of that informatioefor Alignment I. Councilman *srvald asked how loog it would ;ak ► staff to develop colored schemittic drawings for Alternate 1 at the same level of sophistication that bad been donee for the other al.t.gsemeots. 300 12/13/73 Mr. Pawloski thought that could be done in a few weeks. Councilman Berwald was concerned with some of the comments Mr. Pawloski heat made. First of all, he wanted to speak to the relative value of land that lies within the north and south roadways and that which lies between the creek: and the nearest night -of -way. It seemed to hiss that the use of the /and between the roadways for recreational purposes was a marginal use because of fumes, dust, noise, and the natural barriers of the roadway itself. He asked for staff comments about .wing the two roads closer together such as had been done in Alignments G. H, F, and eons of the others, versus spreading them wider apart. The other point Councilman Berwald wanted staff to cover vas hoar such land there vas between the top of the creek bank and the nearest right-of-way in each cf the vaerious plans. Mr. Pavlrski responded that the minimum width of the median would be fourteen feet, and the only reason staff made that any wider .in this particular stretch vas to save trees. The alignments shown were several different approaches to demonstrate various impacts by pulling closer to the parking lot, going across the parking lot, or moving more in a northwesterly direction. To give Councilman B,ervald en idea of the acreage involved, Mx. Pawloski said the grove area -- that area westerly of the Stanford Shopping Center parking lot -. bounded by the creek, El C,aaino, and the Children's Hospital was roughly nine acres. A ninety foot roadway going through that parcel of land and maintaining a ianiforra width of median would require taking a little more than three and one-half acres. Mr, Pawloeki thought that would give some idea of the acreage involved and the absolutes minis and maxituunks that could be dealt with. Councilman B-eras*ld asked how mach lagd there was between the two rights-of-wey in Alternate I. Mt. Pawloski guessed that would be four acres. Councilman Bervald asked what the narrowest widths was that was left between the roadway and the top of the beak of the creek in Alternate I. Mr. Peedoski said those kinds of cslcuhatioars had not bean made, but be thought the narrowest width would be approximately forty feet. Councilman 3.rvaid asked ht. Pawloski what his aseessment of the uaefu7.►�ess of the land would h be if it were to be used as creekside park. Mr. Pawloski responded that in the prelinleary eppreisat that was done far the acquisition of the right-of-way, it wee assumed that some of the laid remnielug would be unusable; end there would be se were nee damages se involved. Undoubtedly, free El Camino in a southerly directions, there is a portion of land that would not be useable becstuse of lack of depth. Councilman Bsrewild stated t•iaat he had no question its his mind that this general alignment is superior to the Arboretum/Quarry alignment. however, be did not foal that at this point the information given n Alternate 1 was sufficisiat to enable Council to respond negatively or affirmatively to staff's recommendation that it be given a "yes" or "to`" on that particular slit. Councilman Zyerly asked if be understood Mr. Paevleski to say that the city' a psrceetage of coots for property for three roadipey and for seeereace dame* ewe teem permit 501 12/15/75 Mr. Pawloski explained that from Arboretum Road to El C icu Renal, the city's share was assumed at one-third of the cost of roadway improvements. No cost of acquisition would be borne by the city since that would be asseaaed against the District. Councilman Eyerly asked if there would be landscaping along the parking lot next to El Camino near the intersection as shown on Alignment 1. Mr. Pawloski replied that would be staff's intention, but he could not say how that would be worked out until the details were studied. Councilman Eyerly asked if staff were planning to have a pedestrian/bicycle crossing at El Canino with proper signalling on both sides. Mt. Pavloakia.i commented that there were some problems with pedestrian movements at that intersection. He explained that it would be difficult to provide for pedestrian and bicycle amovesente on the northerly side of El Camino at Willow Road. Mr. Pawloski showed on the screen a schematic drawing, subject to the approval of the state, to give Council an idea of what could be done at that intersection. Because of the very heavy left -turn movement northbound on El Canino Real, a crossing could not be built in on that side of the intersection. Therefore, the movement would have to he a southerly crossing on Willow Road and then a crossing of El Camino in whichever direction someone wanted to proceed. Councilman Carey asked if Mr. Pawloski knew whether Alternate D or Alternate 1 required the removal of more trees. Mr. Pawloski said a tree count had not been made, but he hoped that Alternate I would take fewer trees. Councilman Carey aesumsd that Alternate D took no existing parking from tb' Shopping Center. Mr. Pawloski stated that was corroct, Councilmen Carey concluded from the drawing that Alternate I would take some parking stalls. Mr. Pawloski said that wild be the case. Councilman Carey did not thick that it looked as though a stgs<i,.f icaut number of parking spaces would be taken. k#r. k"ase'l o.ki agreed end said tbera would have to be some rearranging of the a ►1s and the parking stalls. Councilman Carey assumed the loss of perking would be fairly mil. Mr. Paa►ioski toot bt it could work out that way. Councilman Carer asked if Mr. Powloskai knew tbs difference in total 114V44441 taken between Alternate D and Alternate I. lftr. Psrloski rempondsd that he did not have those figures et this time. Councilmen Carey understood from one of Kr. Pemloekie s earlier statements that U* ninety foot roadway mould take three o f o f acres. 502 12/4/75 .---.. •- .--r . v. ' s'+,, .•-w , • Mr. Pawioaki explained that a ninety -foot roadway wit:;, a constant median would take about three and one-half acres through the area which he had defined as "the grove". Councilman Carey said that in other words, pushing the two lanes of traffic close together would result in taking three and one-half acres out of nine. He asked if Mr. Pawloaki could make a rough estimate of ghat the acreage take would be in A1terr.atea D and I. Mr. Pawloskl replied that he did not know for certain, but his guess would be about four acres. Councilman Carey concluded then that an additional half acre wale being talked about as an estimate. Mr. Pawloski said that wee his guess. Mayor Norton invited members of the audience to address Council OD this subject. Michael lrynctak, 1547 Walnut Drive., President of the Stanford Merchants' Association, said that the Association had urged the city over the yeas to grant the Stanford Shopping Centex soma relief from the traffic congestion that exists in that area of Palo Alto. He noted that all the studies' and all the consultants had indicated that Willow Road is clearly inadequate, and it feeds into the Shopping Center thousands of vehicles which are seeking only to find their way to El Camino Real. Mr. Hrynceak said the merchants at the Stanford Shopping Center were greatly pleased that the City Council favors the concept of widening and exten'ling Willow Road. They also were deeply grateful that the Council rejected a proposal to divert the flow of cars destined for El Camino Real on to Arboretum and Quarry Roads and out at the Center's front entrance= This would have split the; Shopping Center down the middle and would have wed through traffic with local traffic, and the latter was one of tho problems that the project is intended to solve. The position of the Association winthat the Willow Road project was badly needed and long overdue, and traffic experts all were in agreement on that point. Mr. Mry:i.sak stated that virtually all of the major agencies along the route - the same groups that will pay most of the coat of the project - want Willow Road widened and extended. The Shopping Cen=ter customers and esployeee want better access. Re raid that a Large nueher of the Center's customers came frooa the foothills to make their purchaaees in Palo Alto, and they encounter fifteen to twenty minute delays at peek periods in traveling the ehort distance from the Shopping Center to Santa Crux Avenue. Last year thit Association notified the Council ot- a petition signed by 1,100 customers argi.ng that the roa==d be it proved. Mr, br nc ak thought that improved *tee* w*a important to the continued suck health of tba Stanford Shopping Center. As sore convenient and more modern centers are built in this region, the tamp etition for customers will intensify. That competition must be net by batter accesee and other improvements, and the merchants were willing to e a substantial expenditure to wanags that. The Association favors Alternate 1, Alignment D - a diveide t; four -lane parkwey smell separated from the thoppina Canter. Alit D would. leave intett the convenient parking areas on the north side of the Center; and time Center .;oul.d ill afford to give those up, particularly if aedditiors1 epees ie needed for the improvements that suet be sends a the Canter as smother' step in keeping it competitive. For the -Association, Mr. Sryncssak urged Council to implement Alternate 1, elieebelat D. 5 0 3. 12/15175 Vice Mayor Clay asked Mr. Hrynczak how he thought the Association would feel about Alignment I. Mr. Hrynczak did not think the Center would object too strenuously to Alignment I. Philip Cancelier, vice President of I. Magnin and Company, said he was very pleased to see Alignment I which follows the pattern of I. Magnin's choice, Alignment I. However, he thought he would like to see more detail of Alignment I before he could state that I. Magnin's was in favor of it. He asked where the access road would be. Mr. Pawloski explained that there would be a main access road from Willow Road to the Shopping Center. The *came roads shoes on the plans were really schematic. Staff had had discussions with Stanford people about access*, and it will be provided. Mx. ?awloski said that access would not be a problem with Alignment T. He commented that theme would be a major signalised sccsss, and another one which would provide for right turns in and out of the Shopping Center. Mr. Cancelier thought that Alignment I would be a satisfactory answer to the problem. Mazrthe 8. Hopkins, 1035 Del Norte Avenue, Menlo Park, thought the moat devastating thing on the horizon for the Menlo Park community was the proposed extension of the Stanford Shopping Center and tht pushing of Willow Road through to El Camino. Becauen of existing etc eaaive development in the Willow/Sand Hill strip, thsrs is a genuine nsad to deal with Willow Road between Arboretum Road and Santa Gras Avenue. Ma. Hopkins seld the preceding remarks were taken from pug* 127 of "A Partial and Unofficial History of Menlo Park", Which she published last month. Well over half of the pages directly or indirectly deal with the abuse of land and of people in the drainage basin of San Francisquito Creek. MA. Rophine commented that private action for profit later requires a public actiou at taxpayers' expense and results in a general decrease in the overall well being of resideentaia. She said she heard and reed references to the Willow Expressway es bed as dead issue, but it was an ever sscslatine gores. In ifs. Hopkins' opinion, then Stanford Shopping Canter would not even be in Palo Alto if it had not been for a sewer books -up problem that had to co* before the City Council in the early nineteen fifties . It was much Wro expedient for the University to deal with county government than with city government. Ms. Hopkins urged Council to not push Willow lead through to El Camino. Like lots of things involving lots of dye tiich a project would hurt all but the few. George Griffin, 1431 Webster Street, asked that the environmental effect, especially with regard to traffic on Embercadsro Road, be explored before a decision vas made with re erd to the Willow Road Project. He said be lived along Embarcadsro Road, and be feared . that the considerable destruction of the quality of life by the traffic would be i.ncreee d. in Mr. Griffin's opinion, the Shopping Center was thrives; and it wee known that the Center would be enlarged. Ptrtbeero the Staafotd Hospital vas thriving and enlerging; and SLAC is undertaking a SOW pro j eact . Mt. Griffin could see the bridge coming aacr'oas the Bey sad the need for a transverse road between Heysham Freeway and its 280, $a Could also: sae all of those things affecting his-noigbborbood. ;ir. Griffin said he and his neiehbore venial liken to know exactly how the traffic from a Willow Roed project would affect the center of Palo Alto. Re pointed out that Atherton was tskiag en active role in discouraging transysras roads between Route 300 aad the Mysbore Freeway. Menlo Park bass been effectively and coscerrtedly stem to avoid a through road and very such commercial 504 12/15/75 development. Mr. Griffin was concerned because there did not appear to be very many traffic alternatives running north and south except those which ran through his neighborhood. K,ingford F. Jones, 645 alive Street, Menlo Park, said he came to remind Council that those who served on a City Council had a broader scope of concern than ever before. He thought the Council of Palo Alto was entering a time when it could not react just to those people who elected them because it had a broader obligation. Mr. Jones submitted that the Palo Alto City Council was at a point where it could wake decisions which weuld have a very serious impact on the City of Menlo Park, and it was the same kind of impact that Palo Alto's own citizens feared. It appeared to Pit. Jones that the whole expressway vas being considered without a thorough study of where the traffic was going and with a mere presumption that most of it weld be roving north. This kind of an approach left Menlo Park in an awkward position because a tremendoua amount of traffic would be dumped into that community. The proposed action by Palo Alto would have serious increased traffic consequences on this city and on Menlo Park. Mr. Jones asked the Council to keep the issue open until a complete study was made to understand the total effect on those people who would be directly receiving the traffic brunt of the proposed highway. He pointed out that highways would not solve the problem; in fact, highways created the problem. Councilman beehrs was interested in knowing whether Mx. Jones made this excellent preesentstion to the Menlo Park Council, particularly when the Willow Expressway was being discussed. Mr. Jor+ta said at that time hia position was that the Willow Exp eaaway should not be completed through Menlo Park. Councilresn Baehr' asked Mr. Jones if ha appeared before the Menlo ParkCouncil to egress that view. Mr. Jones raapoodsd negatively. Councilman beahrs thought that that was unfortunate: Robert Mark, 725 Camper Street, speaking on behalf of the Committee for Green Foothills, quoted the following from page 124 of the Willoc: Road Enviroumental Impact Report. "ror Willow Road, however, the project volumes do not cheange appreciably with the number of lasses. in fact, the volumes chafe very little when Willow Road widens to four lanes. This is due to the two intersections at either end of the project area which act as capacity constraints on the traffic". Mr. Mark noted that the Director of Public Works recommended Alignment I. tie said that if that alignment ware chosen, the Committee would urge Council to have staff design a two-lane road carefully aligned with due consideration to the impact upon the trees. Charles i tsk, 1085 University Avenue, *aid the Willow Road study had been going on well over a year; and the comments nts made tonight std to bear out the consensus of the Council as indicated a year age last August that a connection to El Camino is desirable for Willow Road. The study as to how that connection should be achieved has psi going on for approximately (atom mouths. In Mir. Lusk's opinion, the study that had been made by staff and the consultants bad been thorough; end it wee time now to take action before inflation further inures the cost of the project. 303 `.'12/13/73 Paul Heidrich, President of Bullock's of Northern California, congratulated Council on the extremely thorough job that had been done in studying the problem of what should be done with willow Road; and he thought the staff was to be commented. It was time now to accept a definite plan and start making progress. Personally, Mt. Heidrich was concerned about the vitality of the Stanford Shopping Center. He thought the Shopping Center was one of the strengths of Palo Alto, and it certainly generated considerable income.. Mr. Heidrich commented that Bullock's had recently opened a store in V'all.co Fashion Park, and when that center opened in the spring, it would have a significant impact on the business done at the Stanford Shopping Center. If it could he made convenient for people in the Los Altos area to get to the Shopping Center, Mr. Heidrich felt that the vitality of the Center could be maintained. Otherwise, many people would find it ,much more convenient to go to Vallco Park; and Palo Alto and tha Stanford Shopping Center would suffer damage. The trend for the Stanford Shopping Center would be downward, and that would not be good for Palo Alto or the economic vitality of this area. Robert Roaenszweig, 1462 Lana Avenue, Vice President for Public Affairs at Stanford University, reported that the University's preference for some time had been for Alternate D as the desired configuration of the road. A few of hie colleagues had seen Alternate I late last week and have done some preliminary sti;dies, and their tentative judgment was that Alternate I would he aceeptable. Perhaps some problems would arise since the alternate had not been worked out in all of its specifics, but Mr. . Rosenszweig felt those problems could be taken care of in the working design. Pointing out that the Willow Road project had had numerous problems and delays, Mr. F.oserarxaeig urged Council to approve the ata`f proposal so that involved persons could move forward as expeditiously as possible to the design of a roadway that will move traffic, through the area so it ought to have been moving for some time pest. Lianas Dos, Administrator of Oak Creak Apartsentc, agreed that the various alternatives had been discussed sufficiently, and it was time to ,cove ahead with the widening of Willow Road. Ma. Bee reported that the management of Oak Creek Apartment' supported the project and considered Alternate I to be tha preferred plan. The concern at Oak Creek was the need to etteuuate be increased noise level which will come from more traffic and to soften the visual inpect from apartments overlooking the four -lane road. Alternative I with a asdien strip containing tress, together with pedestrian welki aye and bicycle paths on either side, was the most acceptable altsrnetive as far as Ws. Dos was concerua4. The tress in the median strip would help to ettentuatee the noise; however:, it was felt there was a distinct necessity for the planting of additional trees contiguous to the Oak Creek Aperteente side of Willow goad This would provide even more of a noise buffer and would also provide, some abatement of carbon monoxide. Also, the aedisn strip would prevent illegal left-hand turns from occurring at the 1300 Oak Creek Drive exit, there presently there is potential for accidence. Mayor Norma toted that a number of commute bad been :wade about the work that had bare done and the meetings that had been held on Willow Road. He vented the audietaea to know that he had with him the reports on this project which he had received over the last three tenths, end they measured four and one-half inches in height. Mayor Norton merely wonted to oaks clear to *various that whateesver decision was was by Council et this meeting would not be made for lack of int orst i.ou. 506 12/11/75 Melba Rogers, 2034 Sand Hill Road, said she had not heard anything in the way of plans other than just an expeditious widenin8 of Willow Road to four lanes, which would create noise and pollution above the present levels. Ms. Rogers asked Council to consider noise barriers and a possible pushing of the proposed road southerly from Sand Hill Road. Mr. Pawioski, responding to a question asked earlier by Councilman Berwald, said he could now give the acreages remaining west of the roadway in the undevelcped area between Arboretum Road and El Camino Real. Udder Alternative 1, Alignment A, there would be 8.1 acres remaining; Alignment B, 3.8 acres; Alignment C, 4.8 acres; Alignment D, 2.8 acres; Alignment E, 6.1 acres; and Alignment F, 10.0 acres. Mr. Pawloeki had previously said that Alignment F contained nine acres; -but the difference WA that when these areas vere calculated, staff took the open space continuing down to the intersection with Arboretum whereas he had cut it off at the northerly boundary line of the Children's Hospital. Mayor Norton asked Mr. Pawloski if he had the difference in acreage between Alit D and Alignment I. Mr. Pawioski guessed that there would be about one more acre. Earlier that land area was indicated to be about 2.8 acres; but under Alignment I. there would be about one more acre. MOTION: Councilman Beahrs moved, seconded by Clay, that Council designate a$ the approved project, the four -lane Alignment I, with an appropriate intersection sch a to meet with the criterion for no through traffic at El Camino Real; and that this Council reaffirm the action of the forager Council endorsing a four -Lane ninety foot roadway at Willow Road, west from Arboretum Road to Sand Hill Road. Councilman Berwald feet that the cultural and social mitigation measures needed to receive Council attention also. AMENDMENT: Councilman Eerw ld shoved that staff include the mitigating erasures in an optimum way in the design of the. alignment. Councilman Berws.ld said there were a number of mitigation measures listed in Exhibit A which had to do with noise, the building of fences, roadside barrier;, eildlife protection during coneteecti awn, access to .the Grove area, mccses to the Oak Creek Apartments, etc. It seamed to hint that these features all needed to b. explored in order to give optimum mitigation to the potential problems of the roadway. Councilmen B+erweld thought Council was moving toward approving the alignment subject to staf f'e coercing back to Ccz il with a final schematic design, and ha waked if that were correct. Pawloski responded affirmatively. This meant to Councilman Rend that there would be en opportunity some time iathe future to look at the more detailed plane, and he thought staff ehould take it upon themselves to sake certain tit these steps in the staff report are takers. Councilman &eahrs explained that he assured the thoughts expressed by Councilman 3 ervald would be implicit in the motion he had swede. He said be was mot intending that Couacil ahaadom ell of the studies that have been wade on the project; and where appropriate, r amble, end feasible, all the mitigation 3ra se to any objectionable feature Would be accommodated. _se7 17/14/75 Councilman Berwald withdrew his motion and proposed amendment. MOTION RESTATED: Councilman Beahrs mowed, seconded by Clay, that Council designate as the approved project, Alignment I, with an appropriate intersection scheme to meet with the criterion for no through traffic at E2. Camino Real; and that the mitigation measures indicated by Exhibit "A" of the staff report be included; and further, that Council reaffirm the action.of the former Council in designating a four -lane, ninety -foot roadway at Willow Road, west from Arboretum Road to Sand Hill Road. Councilman Berwald commented that there had been earlier discussions about a grade, separation between automobile movements and pedestrian and bicycle movements, and he understood that these were not being contemplated now in view of the high costa, On a long range basis, Councilman Berwald thought that money would be well spent if it were to provide for some kind of safe access from the bicycle and pedestrian path nearest the creek over to the other side of the roadway. When this aspect of the improvements was talked about at previous Council meetings, Council au Berwald had felt enured that that would be done. He quoted the following from page 11 of the stuff report: "Pathway underpasses such as those shos~u for Alignment D at roadways eliminate conflicts with different modes at different speedo and allow safe, contieuoua access to open space erees". ft want his understanding that staff said these underpasses were not in the plans, and yet Council was giving them direction to mitigate the environmental features that are undesirable. Councilman Comstock's understanding of the motion was that the direction to staff not only spoke to the alignment and the width of right-of- way, but else to the mitigation measures *shown on Exhibit A. He asked staff to comment ae to whether they sax the emotion as direction to include all the mitigation measures or to conduct the kind of review process which they had described earlier. If staff saw it as the latter, Councilman Comstock wanted to knew if they would provide Council with some way of reacting to measure* which they did or did not see as appropriate to include. Mt. Pavloski stated that some of the mitigation measures would not receive any attention because they asddrsseed aspects which were not appropriate to Alignment I. Wherever appropriate and feasible, staff Would intend to include the mitigation seaauress. When staff came: back to Council with the preliminary plans, mitigation efforts which have been incorporated into the plan could be aazumereted. With regard to Councilman Berwaid's comments on the underpasses, Mk. Paawlonki said that those were not proposed as part of the plan. Council an Comstock thought that most of the mitigation measures would not give staff any problems. Several of the peoples in the audience had spoken to coacesrus about the noise and fume* which the project would create. When staff got to *those particular issues, it would begin to consider berms or soundproof fences; and then a decision would be :sad*. Councilman Comatock asked staff to explain the proteeedurs that would be followed so that he and the other Councilmembers would know what judgments had been mare. Mr. Pawloaki suggested that when staff cams back to Council with the preliminary plan, they could provide information on measures which had been included. For ,instance, staff could go through the list as provided in Exhibit A. 506 12,'b/73 Councilman Comstock explained that he waited Council to know what staff was planning to include and exclude and to have the opportunity of saying whether it agreed or disagreed with judgments that had been made. Mr. Pawloeki said he understood what Councilman Comstock was saying, and the list of mitigation measures brought tc Council would be a complete one. Further, Council would still have enough time at that point to give its direction with regard Lo the measures if they were not pleased with what had been done. Councilman Comstock stated he would mak* an amendment which addressed itself specifically to the alignment of the road between Arboretum Road and El Camino Real. The motion before Council endorses Alternate I, and Councilman Comstock considered that alignment to be excessive for a number of reasona which he had explained at previous Council moans. He said he did not agree with the Planning Commission about the Arboretum/Quarry connection. There were some real circulation problems there, and Councilman Comstock thought that ultimately, Stanford would probably want the city to close Arboretum Road. Although he disagreed with the Planning Commission on its first recommendation, Councilman Comstock supported their recommended alternative which wee Alignment A. AMENDMENT: Councilman Comstock moved that the alignment of the road bet men Arboretum Road and El Camino Real be that of Alignment A rather than Alternate I. Councilman Carey commented that Councilman Comstock thought that Alternate I was excessive, yet his amendment simply rerouted the ewe* four -lane road. He asked what it was that Councilman Comatock considered to be excessive. Councilman Comstock responded that he objected to the right-of-way and the location of the roadway. He thought the roadway could be much closer to the parking lot and still achieve its basic function. On, of the arguments for a routing such is Alignment R, for instance, was that it would be a more pleasant righteofeway to follow; and there were other arguments such as that it weld supposedly impinge less on the parking lot at the Shopping Center. Councilman Comstock did i of consider those kinds of reasons important enough to justify going into a rather invclvad conatrictism program. The objective is to move people between El Camino Real and Arboretum Road, and that could be done in a may that would helve some regard for the land in its natural state. Also, that lend would serve as a buffer between Palo Altans and their neighbors in Menlo Park. Councilman Carey asked if Councilman Comstock envisioned the roadway as a four -lane ore, but designed according to Alignment A. Councilman Coeatock responded affirmatively and commented that Aligmment A places the road such closer to the Shopping. Center. Councilman Comsto+' k's amendment failed for lackof a ',second. Councilmen krrald referred to hie earlier remarks which itd Lcited concern about the nearness of the roadmey to the creek. Alignment I placed the roadway considerably further from the creek than Alignment D, but Councilman Rervald *till felt that there were some points along the creak where the road essentially eliminated use of the 509 12/15/75 Palo Alto side of the creek bank for a linear park. He said he understood Stanford's position of not wanting the roadway to encroach on the parking lot, and another consideration was the cost of severance for the property between the roadway and the creek. Councilman Berwald felt the main consideration were to seve the majority of the trees and to keep the roadway as far away from the creek as possible; but as aueh as he did not want to see any of the specimen trees removed, he made the observation that trees do grow, and the land would not. Over the long range, Councilmen Aerwald preferred having more land kept open between the creek and the roadway, One of the plans he liked wee Alignment C with the exception that the median strip could be narrower. When Alignment G was developed, there was no bicycle path on the parking lot side; and Councilman Herwald understood that Council's comaitmsnt to paths and trails along the creek demanded that there be two pathways. He said he had no quarrel with that since pedestrians would have twice as much lineage footage as they would have with just one path. Even with the two paths, if the median strip could be reduced to fourteen feet, there would still be a discrepancy of about twenty feet which Councilman 1crvald said be could not quits figure out, He hoped that during the next weeks that staff and Stamford representatives would continue to look at the roadway from the standpoint of some of the concern., that had been expressed this evening; and wherever possible, without the sacrifice of major trees, try to move the roadies,. - in the concept of Alignment I - as far away from the crook bank pas possible. Also, Councilman Berweld wanted to em heeire the concept of utilizing some design mechanism that would provide for separation between pedestrians and automobiles. Even if staff thought that could not be done or that it would he too costly, Councilman 8erae.ld hoped they would comae back to Council with soma alternatives to look at; and he pointed out that it was one of the items included in the notion. Councilman Comstock requested that the motion he divided. The firet part of the motion to have Ccuncil designate Alignment 1 as the approved project, with an appropriate intersection scheme to meet with the criterion for no through traffic at El Camino Real and stating that the mitigation measures indicated by Exhibit "A" of the staff report be included passed on the following vote: AFES: leaders, Emrwa i.d, Carey, Clay, Eyerly, Norton, Wi tber spoon NOES: Comstock NOT PARTICIPATING: Sher The second pert of the motion to reaffirm the action ion of the former Council in dissipating s four -lass, ninety -foot roadway at Willow ]load, west from Arboretum Road to Sand Hill Reed pasaad on a uaaai►soue vote. (Sher not participating.) Councilmen Eyerly remarked that comments about severance pay for property between the roedesy and the creek really bothered d later. If the ail et placed the road close to the creek, there would he hardly any land there and no severance pay. The open ground had been there for easy years, and Stanford had never made an effort to develop it. Considering the feeling in the city for ape awe and tree*, Councilman Eyerly thought Stamford University might be wilding to do seething for the community. 310 12/13/73 LOTION: Councilman Eyerly moved, seconded by Comstock, that final acceptance of Alignment I be contingent upon Stanford University's designating the area between the roadway and San Francisquito Creek from El Camino Real to the Children's Hospital as open space for general citizen use and that Stanford University forego any severance pay by the city for that area. Councilman Beahrs asked who would be paying the University's taxes. He did not think the city could do it, and it was asking a lot of a landowner to dedicate lard when they could not do so under their trust. t:ouncilman Beahrs wanted to know is Councilman Eyerly had contemplated classifying the land there as an agricultural zone. Councilman Eyerly presuaed that if severance pay were given for the entire amount, the land would not be developed at all; and the tax situation would go to something like that. There would be no tax situation. His point was that the more ground left open, the more it would cost the city. The city could just 1.s well decide to run the :alignment right down through the middle of the trees and leave such a email amount of land on either side that nothing could be developed. Deciding on a good alignment would cost the city more money, Mayor Norton said he had a potion in mind, and he wondered if it might express in another way what Councilman Eyerly was saying. Hie thought was that Council might indicate that the City of Palo Also had no intention of purchasing or participating in the purchase of any land between the northerly right-of-way limit and the creek. If this clarified or waft consistent with what Councilman Eyerly said, Mayor Dorton stated that he would like that to show in the record. Couw ilman Eyerly felt a motion to that effect would a sake it possible for Stanford University to develop some of the property. Robert R. Booth, City Attorney, coem:anted that the city would have au opportunity at a latex date to ascertain just whet Stanford's position would be on the remaining property; but hit afesu>sption vas that they would either went someone to acquire it or propose to develop it under the existing zoning. Whether the city could tie the approval of the project to certain son —actions which leers only partially related to the coed was somewhat open to question; however, Me. Booth noted that Council was ',ways entitled to consider the overall cost of the project, including the possible necessity of acquiring that piece of property, before deciding to move forward. Mayor Norton asked Mr. Booth if be had any objections to the action as stated by Councilman Eyerly. Mr. booth thought that the motion appeared to be within the lines of the types of things which Council could consider in the entire project. Councilman Carey thought that the motion contemplated by Mayor Norton was important. One thing that bothered hie about Councilman Eyterly'm notion was that someone mentioned that Stanford University's board of Trustees did not have the power to meis a donation of any of its land. Even if the University bad such power, it would violate Councilmen Carey's principles to ask sow who owned a piece of valuable land to simply give it it sway for public use. Ss felt that if the city wanted to was us* of the lend, then the city should pay for it; and it should not be tangled up with the Willow Road connection, since the issue of whether or not to acquire park she in that 'see mss a mate one. Os the other heed, le the metes of the Willow load procsediess, Comelier= Caney thomegbt it sibmid be merge clear 1 1 12/13/75 to Stanford University that the city did not intend to purchase the remaining property in the grove. He said that implication left a number of alternatives which might be worked out with Stanford as the process is gone through. Councilwoman Witherspoon asked if it were correct that the city had an open space zone which required a ten acre minimum that could be put under the Williamson Act as was done with El Camino Park. Mr. Booth responded affirmatively and said that the Williamson Act was also available for property zoned A -C. Councilwoman Witherspoon asked if the Council had the right or the authority to waive the tip -acre requirement in order to put a piece of property under the Williamson Act. Mr. Booth said that could not be the case because it vas tied in with the Open Space Ordinance, but the.A-C zone had no minieum requirement, It allows for one residential dwelling for each five acres as an accessory co the other permitted uses, which were primarily recreational and agricultural. Councilwoman Witherspoon asked if that would lower the value of the land as far as the: tax assessment was concerned. Mx. Booth said it would tend to do that, and the Williamson Act clearly would do so. Vice Mayor Clay referred to the staff report of January 1975 and recalled that various aligamente ware discussed along with the amoent of space that might be available between the northernmost roadway and the creek, recd the thought had been expressed that that apace might be used for a park. Various speakers hall commented on the desirability of that idea, yet at no time had Council addressed whet should happen to the land north of the northernmost roadway. Vice Mayor Clay asked if it were necessary for Council to address two issues at this time - the alignment of the roadway and the disposition of the land between the northernmost roadway and the creek. The two issues are related, but no one has said just her they ors related. Mr. Vavloski said he had always considered those two matters as *operate ashes. His griacipal concern had been the acquisition of eeacsssery right- of-way because that was part of the bseeess.t lfiatrict proceedings. Mx. Pevloeki explained that the cost of the improvements has to be demonstrated as benefiting the adjec+ant property owners in the District. He stated that the only time the land between the roadway need the creek had entered his ailed was in connection with severance - the impact of the roadway acquisition to the land in the "after" condition. Mr. Pavloski added that he had not considered that land in any other respect bscauaa he did not think it would be appropriate for the Assessment District and the roadway i proveeasats. Vice Mayor Clay felt that Councilmen Sysrlye s motion tied the two issues together. If that lased is not 4ediceted to open spacer, the Alignment 1which Council hod just approved would be no looser acceptable. The matter concerned Vice Mayor Clay because of the sequence in which these things happen; and if the two aspects are tied together, Council should address them in the same context. It appeared that everyone wanted that land to remain as °psm *page, end the question wee hew that could be code to happen. Perhaps Stanford University would went to respond to the basic question being raised tonight; sad Vice Mayor Clay wee interested La bearing that rsepsae especially sits 512 12/13/75 ,— - c re,pect to the motion stating that Alignment I would not be acceptable unless that land ware designated as open space. Mayor Norton's motion relieved the problem somawvtat in Vice Mayor Clay's mind; but that motion also said the city would not buy the land foropen space, and he was in agreement with that. He reiterated that it wet important to have a response from Stau:aford. Councilman &sabre agreed with the comments made by Vice Mayor Clay. Councilman Eyer1y's understanding was that /wreathing like this had been done by Stanford University before frith an easement over a certain period of time, and perhaps such an approach Could be woxk*d out for this piece of property. He thought staff could bring back to Council a report on this natter along with the initial alignment. Mt. Rossneswisg remarked that bat was not in a positron to speak definitively for the University as to haw it would diepoee of this er any other piece of land, but he thought Councilman Carey had stated the issue as clearly as possible. Even if it ware bad public policy, end Mr. Rosensswieg was not saying that was the case, he bad no particular problem with Mayor Morton's formulation of the situation since that did not trouble him as a matter of principle. However, Councilman Eyerly's formulation troubled Mr. Resensz iieg as a utter of principle because it struck him at first glace as a somewhat cavalier way of disposing of the value cf lewd as filmed by a private landowner in the coimueity. The Univereity was not present in the posture of asking a favor of the city for which a condition should be erected in return. The University wao preset.t watt as any other property owner would bs, with an interest in a public works project that would benefit the owner, his tenants, and the city. Mr. E.osenaswieg thought the matter ought to be considered on thet basis without extraneous considerations of how other University /and might be disposed of, and it certainly seemed inappropriate to maks that a condition for approval of any alignment. Although Mr. Aossnszvieg could not enamor the question directly, these cote-eente gave his feelings as clearly as possible. The Eyerly motion failed on the following vote: AYES; Comstock, Eyerly NOES: E+eahrs, Berwsld, Carey, Ctay, Norton, Witherspoon NOT PARTICIPATING: Sher MOTION; Mayor Norton moved, seceded by 8aarwa1d, that future activities and planning proceed on the aaesumption that the city hes no intention of purcha si g or participetieg in the purchase of any lend between the northerly tight -of -way limit and the creek. ?he notion paused an that following vote: AIM Seahro, Serweld, Carew, Comstock, lyerly, Norton, Witherspoon 00181- Clay OT PARTICIPATING. Slur 513 12/15/73 MOTION: Mayor Norton moved, ,seconded by Berwald, that the design be done in such a way as to preserve the greatest possible number of valuable trees. The motion passed on a unanimous vote. (Sher not participating.) Councilman gerveld asked to what extent this entire matter had been discussed with Menlo Park end what kinds of communications were being carried out between the two cities. Mr. Pawloski reported that diocuaaeions of the proposed improvements were begun with Menlo Park about a year ago. In addition, the staff of the City of Menlo Park received a copy of the Ea. Councilman $srvald said there gee a desire on at least the part of. the Mayor of Menlo Park to communicate with the Palo Alto City Council oe thio matter. It was his belief that since a public works project was being proposed immediately adjeceat to Menlo Perk, Palo Alto should keep in close communication with that city in some fashion. City Manager Gorge Sips' stated that staff intended to make a presentation on this subject to the City of Menlo Park in late January or early February, and that would be a public meeting involving the Menlo Park City Council and staff. Councils 8erwald anked if the Palo Alto City Council would be present at that meeting. 1 1 Hz. Sipatl responded negatively. Re explained that staff would be caking a presentation of w st was adopted at this meeting and reviewing the Ell. Mr. Sipel said he did not thin theme was a need as yet for a westing of the two Councils; but if that need would arise, ha would not hesitate to arrange for it. Councilman Earwald asked if Mr. Sipel would be speaking to the Mayor of Menlo Park in order to determine his desires in the matter. Mr. Sipel ftated that ha world be talking to the City Manager who, in turn, would probably be speaking to the Mayor. Couecilman gerva1d commented that he would be saatisf ied if either Meeyor Norton or Mr. Sipel would determine what Menlo Park's posit'on was. His fowling wee that the longer such communication wee postponed, the herder it mould be to eventually resolve any differences. Councilman Dsrwtld asked staff to be certain to respond to the question posse by Mr. Griffin of 1431 Webster Street with respect to the effect of the roadway on the quality of life in central Palo Alto, end particularly, his neighborhood. Councilman Seams asked if Councilman bsrvald's que etion intended that Menlo Park be asked *bout their interest in participating in the of the project, notably with respect to the noise barriers aloes Seed Rill Road end $ante Crux Avenue. Councilmen Smrwsid understood that Meenlo Park would be par t ie i pe t ice$ in the coot of the noise barriers. Councilman Corey referral to the letter from Stanford University skated December 19, 1974, (1Pahi.bit 0) which stated Stafford's willii nau to ester into an woolliest with the city to probe for the extension of Csapua Drive avid connection with J'uipero Sarre Boulevard. Obvious/y, that was me important aspect to the subject; and Councilmen Carey 514 12/15/7:5 wanted to know what the progress was in preparation of a formal document because he did not went to leave the wording in such loose form. The triggering events which would lead to the extension and connection should be measurable by some objective standards and not by just one of the involved parties. Mayor Horton thought this would be one of the matters worked out in the ensuing weeks and months . Mr. Sipel remarked that this wee something which staff intended to pursue with Stanford, but any coke that Council ;ranted to make et this point would be appropriate. Councilman Carey quoted from the letter: "The extension would not be required until five years after completion of the improvements and when either (a) traffic on the improvement road has reached as level that indicates future congestion or (b) Stanford has completed development of sufficient improvements in the areas adjacent, etc., to contribute significantly". Shut bothered Councilman Carey was who would decide when "sufficient improvements" have been made or when "future congestion" has reached a certain level. Perhaps staff cold approach it by referring to the nai and when the traffic count ruched a certain level, that would be the triggering event. The latter seemed to indicate that there wc•uld be a unilateral decisions on the part of Stanford, ar.d Councilwea Carey felt the city should be protected eore than that. Mr. Sipel considered those cements to be helpful.- They were the kinds of things talked about last year when the letter was received; end if the project is approved at this meeting, it vo+Jd be time for the development of some msanureaent criteria which !,could be brought to Council for approval when it next saw the project plane. Mayor Norton shared Councilman Carey`s concerns. If the mini period were five years and an arbitrary decision would be madet that decision should be made by Palo Alto rather than by anyone else. This would be stellar to the agreement whereby if Palo Alto improved Willow Road within tars years, then certain things would automatically happen. Mayor Norton did not think it would be unreaeaoaable if.the discretion rsaidsd with City Coil rather then with Stanford University. MOTION: Councilman Seahrs introduced the following resolution and moved, seconded by Clay, its adoption: RESOLUTION NO. S17S entitled "A RESOLUTION REQUESTING cassm OF T15 CITY AIL OP THE CITY OF MELO PARK TO TRI EXERCISE OF EXTRA- TERRITORIAL JURISDICTION TO UNDERTAKE PROCEEDINGS roa THE ACQUISITION AND CONSTRU TIO0 OF PUI LIC nesovalsors AND TO PROVIDE THAI: TRE COSTS SMALL BR ASSESSED UPON THE DISTRICT aciarrrao THEREBY UNDER APPROPRIATE SPECIAL ASSESSWERT AND ASSESSMENT BOND ACTS" wrudow ROAD PROJECT NO. 74-65 ASSESSMENT DISTRICT The resolution was adopted on a unaaoioua vote. (Sher not participating) 515 12/15/75 MOTION: Councilman Beahrs introduced the following resolution and moved, seconded by Clay, its adoption: RESOLUTION NO. 5179 entitled "A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CL RA TO THE EXERC I S E OF EXTRA -TERRITORIAL JURISDICTION TO UNDERTAKE PROCEEDINGS FOR THE ACQUISITION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS AND TO PROVIDE THAT THE COSTS SHALL BE ASSESSED UPON THE DISTRICT BENEFITED THEREBY UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS" WILLOW ROAD PROJECT NO. 74-65 ASSESSMENT DISTRICT The resolution was adopted on a unanimous vote. (Sher not participating) MOTION: Councilman Beahrs moved, seconded by Witherspoon, that staff be authorized to prepare preliminary plans, a preliminary cost estimate and tentative awes. ent spread for the project for the approved alignment. The motion passed on a unanimous vote. (Sher not participating.) RE ST TO BRING ITEM 7 MOTION: Vice Mayor Clay movsd, eaconded by Beaters, that Item 7 on the agenda having to do with a+ contract with the Senior Coordinating Council be moved forward for consideration at this tine. The motion passed on a unanimous vote. (Councilman Sher left at the beginning of the Willow Road discussion amid did not return.) :0' r4; - .1. y: :: OR (z k:601:5) MOTION: Councilman Comstock moved, eecoaded by Eyerly, that Council approve the contract and aothoriss the Mayor to ezaeuts than egrsenent on behalf of the City of Palo Alto. Councilman Bars asked if tba motion would accommodate the roqueet of La Comida de California, Inc. as stated is its letter of Dscsmbor 11, 1975. Councilman Comstock responded negatively. Disoa Steeples, Senior Adult Services Coordinator* commented that the agreement was flexible ugh so that if ties ward vented to fill the request as weds by La Co ida, it wild be able to so do. Councilman Witherspoon quoted the following from pass three of tbs agro tt: "Upon tics effectivaa data of termination, Corporation shall imnedistoly discontinue its psrforeencs under this agreement". Sbo asses that ant its performance for tbs city only; in other words* they would not have to go out of busiamsi. 516 er�f 12/15/ ' Carleen Bedwe311, Director of Community and Socigl Services, said Councilwoman Witherspoon's interpretation was correct. Corrected See pg. 379 Councilwoman Witherspoon noted that page five of the agreement stated that the Board of Directors would consist of not leis ten twenty members, and she wanted to know if there were some flexibility in case of reservations, etc. She thought that the usual situation was fora minimum to be set rather than a maximum. Ms. Beewell said those were the seats on the Board, and it was assumed that at times tare would be vacancies and that those vacancies would be filled as rapidly ea possible. Vice Mayor Clap had some concern over the statement under Conflict of Interest on page five of the agreement. He pointed out that it was customary in the private sector to have at least the Chief Executive Officer of an organisation as a member of the Board, and he thought the Senior Coordinating Council ought to have that flexibility. Vice Mayor Clay stated he was not worried about conflict of interest. AST: `lire Mayor Clay moved, seconded by Beahrs, that Item Fifteen be deleted from the Agreement. Councilman u sttock thought the requirement wee a reasonable one and he was not aware that it would caueee any hardship foe the contracting parties. As a matter of community interest, Councilman Comstock thought Council should include the requirement in the Agreement, Ms. Bedveell reearked that in the past when dealing with citizen corporations, staff had foiled that it had gotten into disputee as to whether or not a corporatio» should be permitted to employ people who are Also on the Ecerd of Directors. It has been at the direction of Council that this requirement has been included in the -other contracts with citizen corporations; coatseequeantiy, the language in Item Fifteen was somewhat standard. Vice Mayor Clay vas aware of the history of the requitement, and he said he had always objected to it. City Attorneys Booth did not believe that a formal conflict of interreat would arise either wey Council chose to go. This section, a* MA. Bidwell had noted, has really beeeeee a preference of Council, perticu arty with the Bossing C orportetioa; and it bas been carried through with other citizen corporations ever since. Mayor Morton asked if Pis. Booth saw eny legal objection to removing that requirement. Mr. Booth responded naeetively so loog es there rtes some review of the a aalaty of that employee when it came up. Pote r tialiy, it might cause a problem if the board mare settine s salary with public fund* and that member voted on it. Councilman l e ehrs did *et thine Vice Mayor Clay's motto, intended to apply to ae salaried employee, but as written the agreement suggested that a volunteer night be barred from participating on the Ord Vice Mater Clays explained that his motive want across-the-board* and he felt *a item of this type carried more smoke ti au firs, He recalled that wham the item was Mat *ado part of ant egromeot with public funds, it wee inch to the cootrects with the Mousing Corps sties seed the Drag Abut* Program. Vice Mayor Clay could sees diction; befits to Wring a amber of the staff as a member of the easier Coordinating $17 12/15/75 Council's Board of Directors. He added that certainly the Executive Director is a contributing member to the total organization. That person is expected to be at the Board of Directors meeting, and he or she would have as much information as anyone else there. Vice Mayor Clay felt an Executive Director would be competent enough to cast a vote in the same intelligent manner as a Board member.. He concluded by saying that he did not see the merit of the requirement es some others had over the years. The amendment failed en the following vote: AYES: Beahrs, Carey, Clay, Norton NOES: Berwald, Comstock, Eysrly, Witherspoon Councilman Berweld remarked that the staff report dated December 10, 1975 ataated that Council end-arsaee tba general concept of an e.sentially privately established, operated, and funZ ed foundation. He asked Vice Mayor Clay as Chairman of the Policy end Procedures Committee if that Committee, when reviewing the social programa, planned on reviewing the possible duplication of f+ nctiona of members of the city staff and members of the Senior Coordinating Council to find out whether or not there might be sevings which could be made in this area. Vice Mayor Clay stated that the Conn ttee would be doing that, The motion passed on a unanimous vote. MOTION: Councilman Beakers moved, duly acconded, that Item 6 on the agenda dealing with tLe Veterans' Building be moved forward for consideration at this time. The motion passed on the following vote: AYES: Beals, Berwald, Carey, Clay, Eyerly, Norton, Witherspoon SCES: Comstock :5) John D. Snow, 105 Lowell Avenue, stated thet the Veterans' Council had asked for just threes things - a roof, a lease, and s flagpole. The veterans were asking for equality and justice, but they still fated discrimination. A committee has been appointed for the Veterans' l ilding, and there was no spas on that committee who would be protecting the veterans' interests. Mr. Snow felt the veterans had been defraanchiesd, and be was vary disappointed. Councilmen Bsabre fait Mr. Snow was justified in speaking of his disappointment. The veterans had never asked for an extravagant reconstruction ctior of their building, but they sskm4 only that it be mode secure and .eatherpr�rof. . Councilman ultra understood that staff was concerned about cods violations; but unless tbae city was prepared to spend mote than $500,000 for s facility for the veterans, Council was going too far is its present approach. Be also expressed concern about the list of persons who aaaedc up the Committee for the Veterans Building, and he said it did net include of = hie nominees. 518 12/15/75 Councilman Beehrs thought it was unfortunate that the veterans were not represented on a committee whose chief concern wee the facility used by the veterans. He aeksd if they roof of the building had been covered with polyethylene that would keep Cis water out once the rains started. Mr. Sip+el said the roof had been covered; but so far, there had not been very such rain. Coeacilasn Benhrs iudicatsd camera about wind, !!r. Sipel said the covering was ticked down, and the hope was that it would hold. If Council adepts the recommendations fro* staff, the plastic cover would be kept intact throughout the rainy season until the committee cave back with *one resolution of the problem. Councilman Iteahrs commteted that if the building is protected against l.sakaee through the vin.ter, Council has, to some degree, amt the concerns of the V2tVT4=49 however, he considered the recommendations to be a bit more than nsceeeary; and he thought it was most unfortunate that the veterans were not represented on the committee. Axel Johnson, 1120 ruitcn, thanked Council for appuiziting him to the committee, and he was disappointed that Mr. Snow did not feel that he would be representing the veterans. Mr. Johnson st6tsd that tug was Cvaamandsr of the Veterans of World War 1 for the second tera, and there were about one hundred and sixty members of that group plus the auxiliary. Mr. Joh ou recalled some of the work which be and other veterans did oe the building five years ago, and he said he was locking forward to working with the recently foraged coseetteen Mr. Snow explained that he re pescted Mr. Johnson very much, and what ha meant by hies disappointment in the committee was that no one who was as elected member of the Council wee on it. Mayor Norton said that =lees Council objected, he would feel free to appoint one more person Co the committee. MOTION: Mayor Norton moved, seconded by Beerwald, that the entire setter of the Veterans' Building repairs, eafeety, and future be turned over to the Ciatizeesie' Advisory Committee, the Committee to advises teen Finance end Public Weeks Commdttee by lrebrrary 1 of alternative wage of preserving and/or restoring the building, end that Council permit tbs Goexalee Construction Coaspany to withdraw its bid as being is valid; and staff be directed to maintain tbu existing temporary plastic sheeting on the roof of the Veterans' Building for the remaaiedsr of the current rainy season. Ths motion pasted c+a a unanimous vote. Councilman iyaerly recalled that $9,500 had been allocated for the roof t and be asked leas much of that bad been spent. Michael dolly of the Budget and Staff Services Department reported that about five hundred dollars bad been shat on the plastic covering for the roof, need about five thousaaed dollars wile *peat for the bid specificastioxae drawn up by a pia nmar and an architect. Approximately two thousand dollars was left for structural iaaapectioa should the bid be let. Joseph Ants* Bogineeriemg Departatato said tier total co.ltaat foss imovId be approalmoatsly 94.000. 5 1 9 12/15/75 Councilman Eyerly questioned the need for a consultant fee of $4,000 for $27,000 worth of work. Mr. Anton stated there was more than $27,000 worth of work involved, and there was a tremendous amount of detailed work that had to be done. Councilman Eyerly asked how much cost staff could agree to without coming to Council for approval. Mr. Anton responded that staff could approve up to $5,000. Vice Mayor Clay asked if Council were ready to vote on the Consent Wender - Action Items. The following itemn were loft for voting on the Consent Calendar: Ni 3:5) Nemmummmememmeammumm RESOLUTION NO. 5160 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DISSOLVING THE BARRON PARK FIRE DISTRICT UPON ANNEXATION OF ALL TERRITORY TO THE CITY OF PALO ALTO" DES IGNAT I OF A FIR: ZONE IIMEGINIZERNMOneallallat ORDINANCE PALO ALTO (OFFIC IAL MUNICIPAL 3 FOR THE PALO ALA`! Pier OF THE COUNCIL OF TIT CITY OT AMENDING SECTION 16.04.160 FIRE ZONE MAP) OF THE PALO ALTO CODE TO ESTABLISH FIRE its 'd0. TERRITORY ANNEXED TO THE CITY 07 AND COMMONLY KNOWN AS "EAAWN MOTION: Councilman Comstock moved, seconded by Esahre, that the resolution be adopted and the ordinance spprave4 for first reading. Tbn motion passed on a unanimous vote. S]�'f CBLE t. (C 1:600:5) Vice Mayor Clay asked if Council were ready to mote on tba Consent Calendar -Referral Items. The fulloWita , it.m ones left for voting on the Consent Calendar: (0411600:5) Staff recommended that Council refer this matter to the Fi taafce and Public Narks Committee. NOTION; Councilman Barmaid moved* seconded by Eaahrs, that the staff recommendetiom be approved. The motion pans.4 on a uoanimoua toter. 520 12/15/75 ON LAN FOR FIRE :609:5) Frank Fiala, speaking for the Palo Alto Fire Fighters, thanked the members of city staff, namely, Jay Rounds, Ed hvarett, Charles Challenger, and Frances Kau man, for tha manner in which the negotiations were conducted, Mayor Norton remarked that there ware always same trying aspects to negotiations, and it was good to hear Mr. Pisla's comments. MOTION: Councilman Bervald introduced the followine resolution and ordinance and moved, seconded by Clay, their adoption: RESOLUTION NO. 5151 entitled "RESOLUTION or THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR rag DEPARTMENT PERSONNEL (EFFECTIVE DECEMBER 21, 1975) POR THE BALANCE OF FISCAL YEAR 1975-1976 AND A PORTION OF FISCAL YEAR 1976-1977; MING DECEMBER 18, 1976" ORDINANCE NO. 2896 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1975-1976 TO PROVIDE FOR IMPLEMENTATION OF A COMPENSATION PLAN FOR FIRE DEPARTMENT PERSONNEL" Ah a resolution and the ordinance were adopted on a unanimous vote, MOTION:- Mayor Norton moved, seconded by Beahra, that Council support the resolution with regard to the County/City sales tax as prapart by the Iattr-City Council, The motif was approved on a unanimous vote. (Councilman B*abro left the meeting at 11:35 p.m.) ♦ t1 #l1 -I4 40 ill; It la..,i »JoZkviik Gerry McQueen, 275 Ventura Avenue, thanked Councilman Sermal4 for putter this subject on the agenda. Spooking to tins meet its of 4 business permit to Copenhagen Theatre, she stated that then people it the city of Pepper/West Meadow did not like the idea of Paitsi tames to an employee who wads such a stupid mistake. Stave Mylroi•e, 415 remand* Avenue, compleined that the thaat&s's request Ma lightly granted; and it ma arsil over a month before any of the errors were discovered. 5'2 1 12/15/75 Councilman Berwald explained that he put this item on the agenda as a response to members of the public who had expressed concern about massage parlors, etc. He wanted the citizens of the community to know that Council and staff were concerned about the problem. Councilman Berwald realized that a Councilmember or a Ftaff person could make a mistake, and that was just human; but generally, he thought the public should be quite pleased with + hat the staff was doing in this area. Staff was moving as quickly a€a the law wuuld allow, and it was helpful to the to know of the concerns of the citizens. Councilman Berwald noted that the City Manager had made a very complete report en the subject in his memorandum dated December 11,- 1975. Since this matter would be of continuing concern to the public, Councilman Berwald thought it might be useful if the City Manager would rreageudize the item sometime during January, 1976. Some time ago, the City Attorney gave Council a report on what a Charter city - could and could not do in this kited of a matter; and Councilman Berwald thought that if Mr. Booth, Mrr. Sipel and Chief Zurrther could get together to produce a report, then both Council and the public would know what laws were operative in this particular area and what could and could not be done within the statutes of the state. Councilman Berwald was coucer°ued about those massage parlors which were doing business in a manner that a reatea a public nuisance, offends the public interests and sensibiiitiea, etc., but he was also concerned with establishments dealing in pornographi: books and films, etc. Therefore, he asked that the report include these kinds of establishments as well as massage parlors. Councilman Comstock wanted to state to the members of the public that all of the evident activity about this subject on the part of Council and staff did not wean that it would be easy to get from the present situation to one that would be acceptable to members of neighborhoods which adjoined these various establishments. A long, concerted effort would havo to be put forth by the Council and staff to go through the necessary procedures to determine which individuals were not complying with city requirements. Those persona would be taking actions to defend their right to operate massage parlors or to operate as individuals within the massage parlors. Councilman Comstock pointed out that the matter would require a great deal of ongoing vigilance and care so that those persons who are performing a legitimate eerc-vice are not abused or harassed unduly; and those who are not, are made aware of their violations so that they will change their way of doing business or be suspended from doing busi.aeee. All of that is not au easy situation because it required going to court, holding hearings, etc. Councilman Comstock shared the sense of impatience of those persos.s who lived near thee* various establishments, but he did not want those people to think chat actions taken would lead to an immediate change. He asked members of the community to realize that Council end staff were trying to alleviate the conditions in a way that would have a lasting effect. Councilman Comstock concluded by saying that those working on the problem were trying to strike a balance between precipitate action on the one hand and too !mach deliberation and care on the other. Mt. Sipel said he accepted the criticism that was leveled egainet the staff for issuing a license when it should not have been iseued. The important thing now was that steps had been taken to ensure that that would not happen again with respect to one of the theaters or any other business in Palo Alto. M4r. Sipe]. reported that there have been so a activities going on since the staff report had been written on December 11. Staff had not been able to mgt with representative of the Copenhagen Theater laeet week, but that would be taking place December 16. Within the next few days, the tan day. period would 3,22 12/13/7'5 �% expire by which time the Copenhagen Theater would have to remove its signs. If the signs do not come clown, the city will than have to take same stein to abate the problem itself or through utilisetioa of the courts. That may take a number of days, and Mr. Sigel was waking his statement for the benefit of the audience and the newspapers who oey think that at the end of ten days the signs would definitely be down. Staff veu1d be pursuing administrative hearings on whether a number of licenses o+ght to be revoked, and those hearings will be taking place sometime in January. It ways Ms. Sipel's feeling that staff was doing everything possible within the law to take care of the situations that are so offensive to the people in that particular area; but when actions are taken within the law, progress is rather slow. Mat. McQueen complained because a member of the staff had promised to cell her back to keep her informed about a certain matter, and that person never did make the cell. She felt that as a person working with a group in the community that was concerned about a number of things, she should be away* of what was going on and should receive some reports. ton Loudest, 267 Curtner Avenue, said he understood applications made by those who wished to be masa:ago technicians were more or less confidential; and he was speaking to the fact that a newspeper published the fact that because of an incident several years ago one of his employees may have her Heatsc revoked. Mt, Louden dial not think that king of information should have been published without his employee first receiving a letter or beieg heard. Furthermore, his employee's name Amid never have been given to the press. Mayor Norton pointed out that names are not obtained by the press from the city staff or from Council but rather from police reports which are routtus on any arrests. let. 51pm:l commented that he wee not sure how the name was obtained, but he would look into it. ) TION% Councilman Clay moved, sscooded by Norton, that the Council meeting of December 22, 1975 be ca elleed. Thte notion peeved ors a unanimous vote. Mayor gortow noted that Dece ebsr 29 was the fifth Monde,. of the month, and there would be no Council meeting,. The neat meeting was scheduled for January 5, 1976, which would be a Special Meeting pies an Executive Session. The meeting of December 15, 1975 adjourned at 11:52 p.n. ATTEST: City Clerk 523 12/13/73