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HomeMy WebLinkAbout012819741 CITY COUNCIL MINUTES January 28, 1974 The City Council of the City of Palo Alto met in an adjourned meeting of January 21, 1974, on this date at 7:35 p.m. with Mavor Comstock presiding. Present: Beahrs, Berwald,-Clay, Comstock, Henderson, Norton (arrived 7:40 p.m.), Pearson, Rosenbaum, Sher Absent: None Recostnition of Students from Greendell School Mayor Cometock said he would like to take this opportunity to introduce Hilda Keneshea and a number of fifth- and sixth -grade students from Greendell School. Mayor Comstock and Councilman Clap talked to them and answered questions before the tweeting. Councilman Clay expressed appreciation for the students' coming to the meeting to learn how city government works. He said that any time they had questions, he invited them to call or to ask Council members to visit their classroom. He said he hoped they would enjoy the meeting and asked them to come back again. Investi ation Grant (GNR:107:4) MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4861 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING THE CITY MANAGER TO SUBMIT A GRAN' APPLICATION TO THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE FOR FUNDING OF A PROJECT DESIGNATED AS ALTERNATIVE POLICE INVESTIGATORY PROCEDURES FOR RAPE FROM FUNDS MADE AVAILABLE THROUGH THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 (PL -9G--55, AS AMENDED, PL -91-644)" Councilman Beahra commented this is a good demonstration of shy the federal budget is often out of balance. This type of study is important, but to provide Palo Alto $98,000, of which Palo Alto piste up $4,500, for a study of this character is the ultimate in extravagance. We all complain about the high cost of government at the federal level, and 512 of the budget goes through this type of teansfer of funds. Mayor Comstock commented that he thought this was one of the more exemplary uses to which federal fins can be put. He expressed appreciation to the City Manager and the Chief of Police for the care and sensitivity with which they prepared the report and for the attitude it conveyed. He felt it was the type of crimes that becomes doubly traumatic for the victim, because the investigatory procedures are often equally traumatic. He said it is money well spent, and it is our tau dollars coming back to us. 0 9 3 1/28/74 Vice Mayor Pearson stated that she might eveu be willing to fund this from Palo Alto coffers. This kind of investigation is long overdue. She hoped. Palo Alto would show the way for other police departments to further the exampl e . Councilman Berwald said that he thought he probably did not feel as strongly against this as Councilman Beahrs, but Vice Mayor Pearson's comment is one of the reasons that he would either abstain or vote against it. He cannot conceive of the City of Palo Alto, among all of the cities in the country, taking on this particular assignment. He can't believe that there have not been studies of this nature already done. If there has not been a study done, then he thinks that Palo Alto would be better advised to memorialize the state of California, which is responsible for criminal law, to carry out a really more complete study than is within the resources of this city. He said he did not want to pour cold water on the idea of the study and applauded the Chief for supporting a study of this crime, but it is not an approprir.ta subject for a city to take -nn. It deserves the resources of the state, and it would be easy to apply these funds on a broader -scale study with full resources of the state. He said he could not support this $84,000 federal assistance grant. Councilman Sher asked to hear from Chief Zurcher about the rationale of the city's undertaking this project. Apparently an equal amount is contributed by the state. He asked the Chief to address himself to the question of involvement of other localities in the county in the project. Police Chief Zurcher stated that although Palo Alto is the sole proponent on this grant, other agencies in Santa Clara. County will be asked to participate in the program. Palo Alto will gather data from theme inspect the investigative techniques they use, and hopefully will learn a great deal about this region. Councilms.at Clay asked if other cities are engaged in such investigative work, ;;r is this the first issuing of such a grant. Chief Zurcher responded that neither our staff nor the staff of Justice Planning Board is aware of any other agency now working In large cities there are special teams who work exclusively on rape. Some cities have established some crisis centers, but no any in-depth research on this matter. the Regional on this matter. the crime of one has done Councilman Clay asked what brought Palo Alto to request the grant. Chief Zurcher responded that it was mainly the uncomfortable feeling that the officer experiences when he investigates the crime of rape, knowing he is not adequately prepared. In working on this proposal, the researcher worked with various community groups, discussing the matter extensively with them. He felt there was inadequate information for a training pro- gram. The city hopes to prepare its officers to do a better job in investi- gating crimes. The arotior passed on the following vote: AYES: Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Beahrs ABSTAIN: Berwald 094 1/28/74 Bic cle Route S stem: Evaluation and Status Report CMR:1d0:4 Mayor Comstock noted that if Council, is to deal with the staff recom- mendations, a series of actions will be required. He called on members of the audience who had asked to address Council on this matter. Lynn Taylor, 782 Allen Court, representing the Citizens Technical. Advisory Committee, said that the only useful purpose of the bike lanes is to give Palo Alto a good image. Site said that the ordinance does nothing. Cyclists don't need permission to ride in the street. John Forester, 782 Allen Court, a member of the Technical Advisory Committee, addressed Council in opposition to the ordinance which he said does not do anything. He referred to a latter which he wrote a year ago which pointed out the faults with the bike lanes. He pointed out inaccuracies which, in. his opinion, existed in the report and said that the bike lanes are dangerous. Vice Mayor Pearson said that hr. Forester made some statements about the legality of the court's decision about the bike lanes. She asked City Attorney Booth who won the suit and if Palo Alto is legal. City Attorney Booth responded that .Mr. Forester's suit has been carried to the Superior Court in Sen Jon', and they have upheld the city's bike lanes in all particulars raised by tae suit. The court has found that all pro -- visions of the current bicycle system are fully in compliance with all applicable state laws. Ruth Ball, 4910 Bel 1'stos; San Jose, a member of the Santa Clara Valley Bicycle Association, congratulated Palo Alto on the bike bone system, on the innovation it has made, And the fact that with the proposed changes, it is attempting to uodate the system based on experience and is willing to say some of the things in the original system were not great. Charles Wellander, P. 0. Box 11561, Palo Alto, addressed Council in favor of the proposed ordinance. He said the bike lanes in general are a good idea, but the mandatory feature is bad. George 0etzel, 4090 Orme, secretary of the Citizens Technical Advisory Committee, commended the city for taking on an innovative project in install- ing bike lanes and treating them as ern experiment. He urged that the ordinance changing the mandatory features and waking the discretionary be adopted as soon as possible. He said some of the other suggestions of the committee need to be examined more thoroughly, and perhaps some actual experiments defined. Vice Mayor Pearson asked if the Citizens Advisory Committee had disbanded or was it continuing to meet. Mr. Noguchi responded that the Citizens Advisory Committee still exists. It intends to reactivate and meet to consider other aspects of the program. Vice Mayor Peterson asked about the possibility of its experimenting with dangerous rigl°t-bend turn. Mr. Noguchi said that the committee will look at that matter. 095 1/28/74 Carol Petersen, 420 Felton Drive, Menlo Park, a member of the Menlo Park and San Mateo County Bikeway Committee, read a statement commending the excellent report on the bicycle route system. She urged speedy approval of construction of bridges across San Francisquito Creek. E. David Uggia, 446 Forest, #2, stated that the staff and Citizens Advisory Committee recommendation represent a distinct improvement over the bikeway system that has existed. Ile was happy that the report recognized further problems which will need to be worked on. The experiment has provided statistical data that the sidewalk lanes are unsafe. He felt that an alternate to the use cf sidewalk bicycle routes should be developed. He felt it would be reasonable to consider s bicycle boulevard concept. MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: QLtDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING PALO ALSO MUNICIPAL CODE SECTION 10.64.185 TO PROVIDE FOR DISCRETIONARY BICYCLE USE OF BICYCLE LANES AND PATHS Vice Mayor Pearson said that at first she had thought that perhaps the thing to do was send it all to committee. It seems to be pretty well stated that there is some action that can be taken now, and the committee is not going to be dissolved and will take into account some of the other things. Regarding sidewalk bicycle lanes, she said she has terrible feelings about Embar'cadeio Road from Middlefield to El Camino. It is inconceivable that the city would say that people could ride on that street. She would be glad to see an alternative route developed which probably would be Kingaley. She remembers distinctly when Council was talking about alternative routes to Middlefield and Embarcadero, that the bicyclists said they would not take an alternative route but wanted to travel on the caain streets. She thought this was probably commuters and said she had to worry about all bicyclists. She said that she would stall be found on the sidewalk. Mid --block barriers which one member of the public suggested would cause crowds of citizens protesting, but she still thinks it is an alternative to ee studied by the committee. She said she was willing to pass the ordinance knowing the committee will go on, and Council will be getting further reports on improv- ing the bicycle system. Councilman Beahrs said he was discouraged to hear some of the severe criti- cisms of the system. It supported his concern at the inception that it was unduly complicated to the point that the system is, in some instances, the equivalent of a death trap. He still thinks it is unduly complicated, and the best the city can ever do is clearly indicate to the motorists they are to yield to bicyclists in certain routings. He felt the bicycle system was a hazard, and he wondered if it should not go to the Policy and Procedures Committee. He felt it would be appropriate for the committee to get into the problem. Councilnan Henderson stated he was a little uncomfortable that it is not going to the Polley and Procedures Committee. He assumed it would. He said there were comments be could sake on each section. On the first one, he is See p. 177 concerned about that part -of Embarc- Pro. He said he uses Alma a great deal, and it seems impossible to have bic)_ the four -lane street from the Oregon overpass on to deutt mme In talk. _Jut remcving the lanes from Cowper Street, he would like to see some alternatives. Re said Cowper is a through street across Oregon Expressway. Regarding the sidewalks on Middlefield, he said ht was concerned about the question that Council went 0 9 6 1/28/74 through initially. Will it continue to allow two lanes of traffic Middlefield, especially.aloee to Euabarcadero. What about children adults riding their bicycles+ in the street? He said the questions nervous that Council has not put it into committee and gotten more tion from staff. The ordinance was approved for first reading on the following vote: on who see make him informa- AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum Sher NOES: Beahre MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4862 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION. 2971 TO PROHIBIT PARKING ON ST. FRANCIS DRIVE AND TO ALTER PARKING PROHIBITIONS ON A PORTION OF NEWELL ROAD, ° The resolution was adopted on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum Sher NOES: Beahts MOTION: Mayor Comstock.moved, seconded by Rosenbaum, to direct staff to remove the experimental bicycle lanes and signing on Cowper Street from East Meadow to Coleridge and on Colorado and Loma Verde Avenues between Middlefield Road and Cowper Street. Councilman Henderson asked Mr. Noguchi what the alternative is. There are no bicycle lane streets costing that direction except Middlefield. Mr. Noguchi replied that thi$ was discussed Advisory Committee, and it was decided this bicycle boulevard concept as an alternative on Cowper Street. at the Citizens Technical could be considered within the to the bike lane that exists Assistant City Manager Charles Walker said that staff plans within the next six to nine months to move into the next stage of the implementation of the bicycle system, including a complete study using the advice of the Advisory Committee of alternatives to such streets as Middlefield Road, Embarcadero, and Alma. He said that staff currently has two assignments from Council, one dealing with Cowper and one with the SP right of way. Particularly in view of the lack of success of the sidewalk system, this is essential if the bike system is to work. The extension of the system into other juris- dictions and areas the city does not now have control of, as well as some of these alternative routes, are something that staff will plan to spend a great deal of time on during the next: few months. This is not intended to be a final action as far as the bicycle system is concerned. Councilman Henderson commented that in the interim, there will not be a street so marked between Alma and Middlefield and what do people tell the children. In the past, most people have recommended that children ride Cowper and stay off Middlefield. Mr. Noguchi said that the tutee struggled with this, and it was the view of tik committee that the lanes as they exist at the present time are 0 9 7 1/28/74 somewhat deceiving and perhaps more hazardous. It was the committee's view that on Cowper, because it is not a reserved lane for bicycles, but sharing of the same lane with parked vehicles, that removal would probably make more sense to remove the deception. Councilman Henderson aaid that whenever he goes in that direction, he uses Cowper. At this point he did not like the thought of not having any street so designated, even if it is only for the interim period. He asked why not leave those lanes there until the decision is made. Have there begin accidents on Cowper? Mr. Noguchi responded that there was one accident at Oregon and Cowper, but that die not involve the lane itself. The recommendation was based more on a potential for those kinds of accidents to occur because of the nonreserved area for the bicycles because of its shared concept. A number of letters were received from people about that kind of sharing. He said that in the interim Cowper could be signed as a bike route so that it would also be clearly marked as to where Cowper Street leads. In the past, there have been some problems indicating to bicyclists where that street led to. Councilman Rosenbaum asked what was the rationale that was used on California Avenue between El Camino and Park Boulevard. Perhaps that would be the sort of solution that could be used. 4r. Noguchi responded that that is the concept he was talking about on Cowpet Street. AMENDMENT: Councilman Rosenbaum. moved, seconded by Henderson, that Cowper be declared a bike route and that appropriate signing and marking go on the street (between East Meadow and Coleeidge), Councilman Beahrs asked where the arrows would be placed. He said he had not noticed them on California Avenue, and they were not too conspicuous. He asked if they were in lieu of the current striping, Mr. Noguchi responded that the intent would be that bicyclists would have to ride adjacent to the parked vehicles. In the absence of a parked vehicle, most bicyclists would ride near the curb. Markings would be placed immedi- ately outside of the parked vehicle lane. Councilman Beahrs said that the marks would be in the regular vehicular lane, and this was the argument that he made a year ago that this was the ample way to handle the whole system. The amendment passed on a unanimous vote. Co nci3.sran Sher asked Mr. Noguchi if this designated experimental bicycle lane is the only one that has this shared use. Mr. Noguchi responded that there are two others --one on Colorado Avenue between Middlefield and Cowper, and another at Loma Verde. Councilman Sher commented that there has not been any experience of acci- dents 9 Ie It just an abstraction that this does not look like a good idea? What is the reason to get rid of it before moving ahead on the bicycle boulevard idea? Mr. Noguchi said it is a shared sraa with parked vehicles. It is confusing to motorists. When a bicyclist is riding down the street and a vehicle is legally parked, he must go around it and then is in an actual traffic lane. 0 9 8 1/28/74 Councilman Sher responded.that this is just a concept. It has not led to any problems or accidents. What is the point on the basis of that concept of making the change before providing the alternative? There is no point in moving ahead with it until the alternative is provided. The motion as amended failed on the following vote: AYES: Comstock, Rosenbaum NOES: Beahrs, Berwald, Clay, Henderson, Norton, Pearson, Sher MOTION: Mayor Comstock moved, seconded by Pearson, to authorize the staff to implement all physical and/or striping/signing changes to the bikeway system found necessary to improve operational safety conditions and/or to comply with final bikeways standards officially adopted by the California Department of Transportation. Statewide uniformity of bikeways standards on public streets is not only desirable to achieve improved recognition and understanding of the standards of the bicycling and motoring public, but such uniformity is required by provisions of the California Vehicle Code. Councilman Berwald asked why Palo Atito persists in using green paint and green arrows when most other cities use a narrow white line and white arrows which show up better. He asked if there should not be some uniformity. M. Noguchi replied that the matter has been discussed at the state level, and the California Traffic Control Devices Committee has adopted some standards. There is also a statewide bicycle committee which will be dealing with these matters. Until, they are resolved at the state level, it is academic to be changing back and forth, because most cities are not too consistent. He felt that it needs to be dealt with at the state level. Councilman Rosenbaum commented that the lines on Cowper have not been repainted. He asked if staffwould consider that they should be repainted in light of Council's action. Mr. Noguchi responded that they most definitely will be repainted since Council has not acted on the recommendation. The motion passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Pearson, to direct staff to review and evaluate the present California Vehicle Code regulations as they relate to all aspects of bicycling and to recommend changes and/or modifica- tions to the statewide bicycle committee as deemed necessary and/or appropriate. The motion passed or a unanimous vote Mayor Comstock commented that Part b concerns education and enforcement. There was a recommendation concerning the Community Service Officers program. He asked if there were any discussion or proposed action by Council members. Councilman Henderson commented.that he really felt on the spot with this type of situation, beceuse.it is a question of if Council does not approve a continuation of the service, there are some people out of work. He recalled his feelings along these lines when the program was instituted regarding what would happen when the federal grant expired. Would this be a permanent addition to the staff? The answer was that this would happen only if extra enforcement results warranted their retention. This would be 099 1/28/74 up to the Council at the time. It appeaxs from the staff report that the city would be using the officers only 25% of the time for enforcement; so that does not quite follow the answers a year ago. We are talking about four officers spending close to half their time educating in high schools and junior.bigh schools. Kida.at that age do not take well to constant educating on that kind of subject.. Probably the best education comes from issuance of citations. If the city is to have a continuing education program, he wondered why the School Resource Officers might not be adequate for that part of the program. It was four officers and someone in the office that this program supported. He wondered if there would continue to be five people. Assistant City Manager. Charles Walker responded that there initially ware five positions authorized. as .part of the grant, one of which was clerical. That position is proposed to be retained in next year's budget as a full- time regular position, not necessarily related to the bicycle enforcement program. There were four Community Service Officers.. The primary emphasis the past year of the Community Service Officers has been on enforcement. When staff speaks of education, it is not speaking strictly as classroom - type education. It is talking about people being actually out on the street where the bicyclists are.. Tha primary difference relates to a softer -sell approach. There needs to be some effort in high school and junior high school where the high proportion of bicycle riders occurs and the highest proportion of accidents also. Police Chief Zurcher commented.that the School Resource Officers are at full time at each of the complexes. They are resources to staff, faculty, and students. The educational effort is a major undertaking involving third, sixth, eighth, and eleventh grades. In addition_, there are the major centers of employment in the city. He said he felt that for a good educational effort to support the.bicycie route system, the School Resource Officers could not handle the entire amount of cork to be done. Councilman Henderson asked siuca we have had the extra emphasis in this first year, is there really a need to keep all four positions. He thought the major thrust might be completed by this tine, allowing for reduced staff. Would there be other duties that the Community Service Officers could be involved in such as noise control? Police Chief Zurcher said certainly the number of CSO's that are available could be reduced: Staff has researched things the CSO's might do and came up with a list of over twenty items which would free street officers to do other things. Councilman Henderson said he.wished that he had that :List before him, because he does understand the difficulties within the police department and the need for more personnel. If we were able to use these officers in a way that further released time for police officers, he could probably support it, but as presented here, he would have to oppose it. Mayor Comstock counted that if Council wishes to retain the Community Service Officers, it must act on it this evening. Councilman Beahrs asked what the dollar amounts are. Chief Zurcher replied that it would amount to about $20,000 for four Community Service Officers for the remainder of the fiscal year. 1 0 0 1/28/74 MOTION: Councilman Rosenbaum moved, seconded by Beahrs, that Council approve the continuation of. the Community Service Officer program, with an emphasis upon education, through the and of June.,. 1974. The motion passed on the following vote: AYES: Ieahrs, Clay, Comstock, Norton, Pearson, Rosenbaum, Sher NOES: Berwald, Henderson Council Prioritiea Mayor Comstock commented that Cos -ail had received a staff report which listed items as the City T ager proposed to bring them to Council. It also listed other standing assignments. City Manager Sipel counted that there are a number of things he thought Council might wish to do with this priorities report. It may wish to use it as a general review and reassessment of things Council has asked staff to do. Council may wish to determine whether the items listed are those it wishes to deal with in the next three months or whether other items are ;core important. It may wish to use this as a way to more finely tune the priorities of the staff, or it might like to see some items come up sooner. It may wish to tell staff a couple of aseignmonts which were missed. It may also want to use the list et the time it is referring new items to staff in order to see how new items fit into the list of priorities. That is probably one of the bigger problems staff presently has. The approach in the past has been when staff gets a new assignment to accommodate all assignments and try to do everything in the same period of time. He did not see that Council could have taken on any new major issues, but there are subjects like Willow Read which was sent almost two years ago without any real. Council di.rection.,and it has languished in the face of more important assignments that had deadlines. Mr. Sipel said he feels unco: £ortable in allowing an assignment like that to go uncompleted for that period of tine. At the sane time, he feels that staff has done its best in trying to ccmplete those assignments Council has given. He said he offered this as an opportunity to use resources a little more frugally and hopefully more effectively, and he would be happy to have feedback. Vice Mayor Perreon commented that she thought the City Manager had listed all of the things that Council had referred and all of the things it could expect to get. She said it was impressive, and she would like to say she had a little trouble when she looked at the differences between what the City Manager thought were major and minor issues. She said they cannot always be given a dollar sign, and she would disagree in some areas. She said she was willing to keep this document in her file and look at it as what she could expect in the coming months. It goes only through March, and she would hope to get a new one, but she was not willing to make it -- a policy that these items must be brought up in February or March. She was willing to look at it as new items flash in mind. 1 Mr. Sipel commented that he had a problem in trying to.figure out the difference between major and minor items. Regardless of what criteria are used, some things are more important than others. It might be based on the amount of Council time. He said perhaps a better method could be developed to define them. 1 0 1 1/28/74 Councilman Sher said he found this a very helpful first step in a trouble- some problem that has faced Council for years in knowing where it was and whet was coming up. He thought that the three-month projection was very useful, and he said he would like to see this revised at the end of every month, because Council will not get to all of these things when they are projected, and there will be changing priorities. He said he would like a three-month projection included in the leather binder to be looked at each month, and when making new assignments, Council can see the effect it will have on the project. He noted that Fire Zone 1 was listed under January, but he wondered about other aspect: of Fire Zone 1. There was nothing about the financial aspects of Fire Zone 1. Mayor Comstock stated that at the time the list was made up, the City Manager did not know what the disposition of that item was going to be. Mr. Sipel said that Fire Zone 1 has been discussed every month. Staff will be able to pick those things up. The meat revision will have Fire Zone 1 at the committee level. Councilman Sher asked when the Finance and Public Works Committee will con- sider it and when it would be back to Council. Mr. Sipel said that it will go to the committee in March and be back to the Council in April. Councilman Sher commented that when these things �c. into committee, Council loses control over timing. How is this control exercised? Does Council need to ask that the committee consider thew at a particular time? He assumed the priorities were deter -dined by the committee chairmen if there was no direction. Mr. Sipel responded that that is one factor, and the other factor relates to staff work that needs to be completed. He has tended to work with the com- mittee chairman and chairwoman on this matter and tried to have a three --month lead time on establishment of these agendas, if possible. Councilman Sher said he thought March is too late to get to that important subject. Obviously, this is all coming to a head. See p. 177 Councilman Henderson said that we seem to be in such midstream that if it were to come sooner, he did not know what we would have. We have been taking bits and pieces, and until everything is set forth as a policy, and the Planning Commission has had another shot at it, he did not think dollars could be put on. He agreed with Councilman Sher on updating this list each month, if possible, because looking at January he saw eight major issues, and Council covered four, and seven minor issues, and Council covered two, and January is ending. He said it would be helpful each month to see a shifting forward. if you look under the Finance Committee, there has been a great shifting of items already. Resolution Honoring National_ Scout Week Februa 4 MOTION; Councilman Bervald moved, duly seconded, that staff be directed to prepare resolutions honoring National Scout. Week, February 4, and e resolution recognizing "Wings for Oaxaca" project. The motion passed on a unanimous vote. 102 1/28/74 Oaxaca Gardena Assigiment Mayor Comstock commented Works Committee a revisw the Sister City program. that type of feature has that Council referred to the Finance and Public of a proposal for a sculpture garden related to Since that referral was made, the desire to have been withdrawn. MOTION: Mayor Comstock moved, seconded by Henderson, that the assignment re Oaxaca Gardens be withdrawn from the Finance and Public Works Committee referral list. The motion passed on a unanimous vote. Oral Communications 1. Howard Smith, 3267 Emerson, addressed Council in opposition to the ordinance requiring all dogs to be licensed. �d au;nment The meeting of January 21, 1974, adjourned at 8:58 p.m. Re ular Meetin of Januar 28 1974 The City Council of the City of Palo Alto met on this "late a regular meeting with Mayor Comstock presiding. at 8:59 p.m. in Present: Beahrs, Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher Absent: None Minute$ of January i 1974 Councilman Sher referred to page 039 and ro :ed that his name was omitted from the liet of those present. Councilman Sher also referred to page 042, the substitute notion approxi- naataly the center of the page, and said that it should read as follows: "Councilman Sher moved, seconded by Norton, that Council request staff to discuss the matter of completion of Campus Drive in the Palo Alto -Stanford Liaison Committee, together with Plan A, which was previously referred to the Palo Alto -Stanford Liaison Committee." Councilman Sher referred to page 061, the last line, and said that the word 'they" should be "there." MOTION: Mayor Comstock moved, seconded by Berwaid, that the minute$ of January 14 be approved as revised. The motion paaaed on a unanimous vete. 103 1/28/74 Resolution of A reciation to Dr. John H. Zen&r MOTION: Mayor Comstock introduced the following resolution and roved, seconded by Berwald, its adoption: RESOLUTION NO. 4863 ENTITLED "'RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING THE CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE OF DR. JOHN H. ZENGER" The resolution was adopted on a unanimous vote. Resolution of A reciation to Peter Hom MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO. 4864 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING THE CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE OF PETER HOM1° The resolution was adopted on :3 unanimous vote. Annexation of Uninhabited Territor •: "Newell 74--1" Also Known as °Newell l-74" MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE NO. 2766 ENTITLED "ORDL ANCE OF THE COUNCIL OF THE CIT'Y OF PALO ALTO APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "NEWELL 74-1," ALSO KNOWN AS "NEWELL 1-74," TO THE CITY OF PALO ALTO" The ordinance was adopted on a unanimous vote. (Council recessed from 9:03 to 9:18 p.m.) Leash Law Enforcement Vice Mayor Pearson, chair -woman of the Policy and Procedures Committee, stated that the committee considered leash law enforcement in Palo Alto and dog defecation. Staff, at the direction of Council, stepped up its enforcement of the leash law during a summer program. The police and Animal Services Department were diligent and determined what hours the dogs were most .likely to be out. This proved to be early in the morning and late at night. The dogcatchers got wise and determined vhere the highest complaint areas were for loose dogs and dog nuisances. They systematically went through the city, and animal control wagons began rounds as early as 5:00 a.m. and as late as midnight. This had an impact on the number of citations that were issued. Dogs by September were not running loose, and dog defecation complaints were at a minimum. Staff has also put on a dog licensing campaign which has resulted in at least 600 more dogs being licensed. Approximately ten thousand single-family contacts weremade, and people went back several times to attempt to get all dogs licensed. This was quite successful. Dogs must have a rabies shot before licenses are issued. The summer program had a deficit of about 1 0 4- 1/28/74 $2,900 and was considered successful. The Policy and Procedures Committee felt staff should be complimented on its efforts, and that the program should be continued. Vice Mayor Pearson noted that there is already a section in the code which prohibits dogs from_commiting nuisances upon sidewalks, etc., and the word:, "parks and schools" are merely being added. Staff is recommending and has under construction two dog exercise areas at Greer Park and Mitchell Park, and these will be watched closely regard- ing use. One of the reasons for changing from a misdemeanor to an infraction is that a misdemeanor is a crime, and judges feel the leash law violation is worth only fifteen dollars and don't consider it a crime. Because it is a crime, some people are reluctant to complain about a bothersome dog. Also people who are cited take it to court. The Policy and Procedures Committee also briefly reviewed the Spay and Neuter Clinic report. It is also considered a success. Staff is recommending changes in fees for the service which will go into effect. February 1. Palo Alto's fees are still way below private veterinarians.. The counties of San Mateo and Santa Clara also have clinics, and Palo Alto's fees are lower. Staff felt Palo Alto should keep the fee low to encourage volume. MOTION: Vice Mayor Pearson introduced the following ordinance and moved, seconded by Henderson, its adoption: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING PALO ALTO MUNICIPAL CODE BY AMENDING SECTION 1.08.010 TO INCLUDE INFRACTIONS AND SECTION 6.20.040 TO INCLUDE PARKS AND SCHOOLS; AND BY ADDING SECTIONS 6.16.110 AND 6.20.100 TO CLASSIFY VIOLATIONS OF CHAPTERS 6.16 AND 6.20 AS INFRACTIONS" Councilman Henderson stated that he was pleased with the results of both the summer dog licensing program and the leash enforcezrent program. He realizes there have been complaints from some dog owners, but there are fewer dog packs roaming the streets and fewer dogs killed by autos and fewer complaints from citizens. Having introduced the subject of dog defecation to the Council and having taken no small amount of kidding, it is satisfying to see some progress being made to lessen the problem. Councilman Henderson said that one place he has a problem is that he felt the rate schedules for nonresidents could have been increased in a small way from what has been recommended. If they were increased two dollars, it would still be about half of what a private veterinarian charges. Chief Zurcher responded that staff felt that the rate should be comparable to the other spay and neuter clinics in the county for two reasons. One is that the animals know no boundaries, and Palo Alto is affected by animals from other co mities. To make the clinic a success and come near the breakeven point, Palo Alto needs the additional business. Councilman Henderson asked what percentage of the operation is now for nonresident pet owners, and he was interested in a couple of comparative county rates. He asked if the county does a male cat neuter operation for ten dollars. See Chief Zurcher said that the breakdown for resident vs. nonresident customers is about equal. He did not know the figures on the county charge, but he said that Palo Alto was very close. Councilman Beaters said he noticed that the violation of this ordinance is now reduced to an infraction, and with his lawn being spa popular, he would like to be able to use his BB gun, but he was afraid he would be up against a misdemeanor. City Attorney Booth said that any violation of the municipal code that the Council would like to peke an infraction, it may do so. p• 177 1 0 5 1/28/74 Vice Mayor Pearson said that the committee was given figures reflecting that the San Mateo County Spay and Neuter Clinic charged fifteen dollars for cats and $20.50 for dogs. Roy Stehle, 853 Garland Drive, stated that he is a dog.owner and c person interested in dog obedience training. Wording of the ordinance makes the act of the dog the infraction where it should be the failure of the handler of the dog to clean up the nuisance. As part of the AKC obedience trials, it is necessary to train a dog off leash. He urged Council to consider legislation similar to what has been adopted for the city of Berkeley which recognizes those dogs which have degrees from the AKC obedience training and that they are effectively under control of their owners. Ed Power, 2254 Dartmouth, said that the purpose of any law is to do something for the public good. Enforcement of the law simply for the sake of enforcement itself is ridiculous. A good many of these citations that were issued were issued for the easy reason that there was a dog and an owner adjacent to each other and not attached. There was no harm done except to the person who paid the fine. This is harrassment. Frank Manfredi, 219 Addison, said that there is a terrific problem. Some people leash their dogs in the daytime and let them run at night. He said that dog owners should be required to clean up after their animals. The ordinance was approved for first reading on a unanimous vote. Recd on of P Hom Mayor Comstock commentee that at the time the resolution in recognition of Peter Hom was acted upon, Mr. Flom was not present. He was now in the audience, and Mayor Comstock said that he had presented him with a copy of the resolu- tion during the recess, and he wanted to express appreciation for his service. Traffic Enforcement Program Vice Mayor Pearson, chairwoman of the Policy and Procedures Committee, commented that the traffic enforcement program was referred to the Policy and Procedures Committee after the city had received the news that it could no longer use radar to enforce a twenty -five -mile -per -hour speed limit unless it could meet the high state standards. Only a few streets were left on which radar could be used to enforce that speed limit. The committee received a very comprehensive report concerning traffic problems and enforcement. The Traffic Engineering Department was not able to establish enough engineering support to allow the use of radar in the twenty -five -mile -per -hour speed limits on all of Palo Alto's streets, and the committee discussed whether or not to attempt to get legislative action to allow other standards to be used. Staff is still working with the League of California Cities in this endeavor and will be reporting back to Council at a later date. The Police Department is now striving to reduce the accident rate aad enforce the speed limit through other.ae$ns such as clocking and education. The committee returned the report to Council with no recommendation. Mayor Comstock commented that unless setae action is proposed by Council, no action was recommended by the committee. 106 1/28/74 Councilman Sher commented that since the committee hearing, Council has had a memo from the attorney's office concerning a bill that was intro- duced in the California Legisiature that the League of California Cities has suggested it is going to support. At the end of the memo there is some question about whether the Council should take action supporting thes bill. He asked if this would be the time to do so. City Attorney Booth responded that late in the week, and not in time to do a more thorough analysis, his office was made aware of Senate Bill 1425 which allows local authorities to reduce the twenty -five -mile - per -hour prima facie speed limit near.school zones to twenty or fifteen miles per hour when the reduction is justified by an engineering and traffic survey. The League of California Cities asked Palo Alto whether they should support the legislation. Councilman Sher asked if the City Attorney had a recommendation. Mr. Booth responded that it is mainly a policy thing. In Palo Alto a large number of residential schools are located on fairly heavily trafficked streets, and reduction in speed would be enforceable by radar as long as there is an engineering and traffic survey justifying a reduction in speed. A fifteen -mile -per hour speed limit is quite low, perhaps almost too low. the speed limit in front of schools used to be fifteen miles per hour, and the legislature about five years ago rained it to twenty-five. Mayor Comstock suggested that if Councilman Sher wanted Council to take a position, he might agend.ize this item as an item of new business at the next meeting, and perhaps Council would be able to get more details from staff. Group Laadth Procedures for Taxicabs m.ra�..r.oe•. r.n. .�.�an®m t MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE NO. 2767 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 4.42.290 OF T}{E PALO ALTO MUNICIPAL CODE BY REPEALING PROVISIONS REGARDING EXCLUSIVE PASSENGER USE OF TAXICABS" (first reading 1/14/74 The ordinance was adopted .on a unanimous vote. Ordinance Amendin Section )3.16.080 an .. Ater o t e MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson. its adoption: ORDINANCE NO. 2 768 ENTITLED "ORDINANCE OF THE COUNCIL 0I' THE CITY OF PALO ALTO AMENDING SECTION 13.16.080 AND CHAPTER 21.1.3 OF THE F'ALO ALTO MUNICIPAL- CODE CE-ANG1NG FEES FOR DIVISION OF ASSESSMENTS; MISCELLANEOUS DIVISIONS OF LAND AND SUBDIVISIONS" (first reading 1/14/74) The ordinance was adopted on a unanimous vote. 1 0 7 1/28/74 Resolution of Intention to. Enter Into oe erat onAremee nt wit Santa C ark ourity ous ng ut or t,�► a����asa.�sa�r+��c. anuiru�e� nni.u�r MOTION: Councilman Henderson introduced the following resolution and moved, seconded by Berwald, its adoption: RESOLUTION NO. 4865 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OF INTENTION TO ENTER INTO COOPERATION AGREEMENT WTTH HOUSING AUTHORITY OF THE COUNTY OF SANTA CLARA" Councilman Henderson said that this resolution would set a date of February 11 at 7:30 p.m. for the proposed hearing. Councilman Clay asked how the Palo Alto Housing Corporation could be involved in this matter. Mr. Grigoni responded that the Housing Corporation was involved heavily in the development of the contract for cooperation itself. Councilman Clay asked if the Housing Corporation would hold any capacity thereafter. Mr. Grigoni r sponded affirmatively and said the agreement includes various programa and requirements for reporting on the part of the Housing Corpora- tion. In discussions between the president of the P..10 Alto Housing Corporation, John burns of the Housing Authority, and staff it was felt the city and the Housing Corporattm would detail tethods for involving the Housing Corporation in this agreement. Councilman Clay con*n'ed that the article he read the other day mentioned rehabilitation, which he did not think was part of the action Council was about to engage in. Mr. Grigoni replied that there may be some rehabilitation that occurs as a result of this Cooperation Agreement. It is not a specific requirement of the contract. Mayor Comstock salted if Council could expect more reports on February 11 about questions such as this, and City Manager Sipel responded affirmatively. Vice Mayo:. Pearson commented that there is a different kind of rehabilita- tion involved. In order to qualify to have your house rented out, the owner has to have the house up to housing code; so he has to rehabilitate it at his own expense. Councilman Beahrs counted that this Council had two or three or more public discussions on this general subject, and he wondered why this formality was undertaken. City Manager Sipel responded that it is a legal requirement in the act. The resolution was adopted on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Norton 148 1/28/74 Demolition of House at 652 Channin Avenue MOTION: Mayor Comstock moved, seconded by Henderson, that the item relating to demolition of a house at 652 Channing Avenue be continued to the February 4 Council meeting. The motion passed on a unanimous vote. Downtown Beautification (CMR:146:4) Councilman Henderson commented that in looking at the list of recommendations he did not recall seeing any cost figures on the change ir, the lighting scheme. He asked if there were anything significant. Assistant City Manager Warren Deverel responded that there are no significant changes. There is slightly increased wattage in the bulbs and a panel will Mr. Deverel continued that staff had hoped to have a demonstrator here tonight, but the architect was not able to provide it. Councilman Henderson asked if there were any cost savings in the fin racks. Mr. Deverel replied that this will involve a change order with the con- tractor, and while staff can negotiate, once these contracts are estab- lished, it is difficult to got anything for a small change such as this. Councilman Henderson commented that this ordinance would seen to exclude the newspaper racks from intersections along University Avenue and apparently move them down the side streets at least sixty feet. He asked if the city can also place controls on the number, placement, and design of these racks. In any beautification program, to see these setting around can be See p. a distraction. 177 City Attorney Booth stated.that•the question of newspaper racks raises first amendment considerations. At leant two other cities he is aware of have enacted news rack ordinances, and while he has not analyzed them in depth, he did not believes they adopt the sixty -foot approach that is recommended in the staff report. If directed to do so, staff will come up with some ordinance that will sheet the city's needs and will also be safe. The existing leg -type of newspaper racks art' a pedestrian hazard. At the same time the ordinance will protect the rights of the small news- papers with limited budgets to continue to circulate their periodicals in this fashion. Councilman Henderson wondered achy they can't be controlled. Peanut stands cannot be put out in the middle of the sidewalk. He did not see why news- paper racks have some special freedom. City Attorney Booth replied that there is a special freedom attached to the press --the first amendment of the Constitution. No action was proposed tin the design change in the lighting scheme. MOTION: Vice Mayor Pearson moved, seconded by Comstock, that Council approve the proposed deferment procedures. Councilman Beahrs recalled that it was the recommendation not to charge interest on the amount due to the city after the bond period. 1 © 9 1/28/74 Mr. Deverel confirmed that that was staff's recommendation. Councilman Beahrs wondered why property owners should get this free ride on the use of the city's money for ten years. Mr. Deverel said that it is a mitigating influence, because the interest would compound over she fifteen -year period and would be burdensome. Councilman Beahrs asked if this charge would be recorded as a lien against the property in the county records, and Mr. Deverel, responded affirmatively. Crystal Gamage, representing Downtown Palo Alto, Inc., expressed confusion about the lack of action on the part of the Council regarding the staff's recommendation to approve.a slight increase in the lighting level downtown. By taking no action, that means that Council does not want to change the specifications in the agreement. She felt that the downtowners who were aware of the report felt this was the kind of reco+a:mendetion they would support. Each time lighting has come up, the Downtown Association has hoped that the level of lighting would not be decreased downtown, which it has been. Downtown, Inc. had hoped that some of the lighting would emanate from the stores, and it is not going to with the restrictions being put on, There are some constraints can the city also, because the lighting policy of the city is to turn off lights at midnight. There is a certain amount of activity at midnight downtown. She felt that Council should consider having a reasonable amount of lighting, and this is not a great increase. Harvey Nixon, 430 Kipling, said he understood that bids had come in under the budget, and if so, he would like to know if there were going to be an increase in the assessment. Mayor Comstock responded that staff will be reporting on the agenda in several weeks on the bids. Council does not have that information this evening. Mr. Nixon said that when deferral on the horses was discussed, there was no mention of interest. He said if they put interest on, at the end of the period when the property is sold or taken down, they will be paying twice as mech. Deferral vas brought in to take away some of the objection to the beautification, and when it was discussed, there was to be no payment until the house was torn down or sold. Mr. Deverel said what staff is suggesting is that the assessments on Type V structures in residential use be deferred and that these assessments carry an interest rate which is comparable to the interest being carried by the bonds and that interest accrue for a period equivalent to the life of the bonds, probably fifteen years. After that time, the principal and the interest of the assessment will be established as a lien on the property. If at any time the property is discontinued in residential use, or if the structure is demolished, the lien will become due and payable. The motion passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Pearson, to approve the proposed change in design of the finwalls. The motion passed on a unanimous vote. 1 l 0 1/28/74 MOTION: Mayor Comstock moved, seconded by Pearson, to direct staff to prepare an ordinance providing for the control of newspaper racks in the beautification district. Councilman Berwald commented that he thought the wording was unfortunate. He thought it should be an ordinance providing for the design of newspaper racks. He did_not think the city would control the racks, City Attorney Booth said that staff was thinking in terms of design and location of the racks. Mx. Deverel said it was staff's intention that the ordinance speak to the placement of the racks or where they are located ----not specifically to the design. Again, the difficulty is that unless you are in the business of providing the racks, it is difficult for you to control the design. MOTION RESTATED: Mayor Comstock, with the agreement of Vice Mayor Pearson, changed the wording to read, "to control the placement of newspaper racks." Councilman Berwald commented that the earlier recommendation was that the city would have a structure that would be designed so that the racks could fit into that structure. City ownership of the racks was a).so discussed. He asked if there were not a happy medium that would let the city design a structure for the racks so that the location would not be merely controlled by where it is on the block. He asked if staff still entertained the thought that the city would build a container for the racks. Mr. Deverel responded that what.staff is attempting to do is relieve the city of the responsibility of having to allocate or control what newspapers are sold by virtue of the facilities provided by the city. The proposal the architect came up with was four newspaper racks in the finwalls. Four k':.s not enough, and the n.umber.varies from week to week. It is not likely that the city could predict accurately what the requirements would be. The pre- sent design of the finwalis would not contain as many as eight. Staff felt the existing type of rack would be used and sought to keep them off the area of primary beautification. The intent was to permit the present type of rack to be used without having to control the allocation by the city. Councilman Berwald said that the city would still have those racks which are an eyesore. City Manager Sigel suggested that if Council wished, staff could look at some alternate ways to incorporate -them into some separate design struc- ture, Staff think: they are going to continue to be a problem, even if they are relocated, Staff is disappointed not to be able to incorporate there into the Downtown Beautificatien program, but as a longer --term assignment, Council might want staff to look at some possibilities, perhaps after beautification has been completed. Councilman Berwald said that he would like to see that thought incorporated into the section. AMENDMENT: Mayor Comstock moved, seconded by Pearson, that staff prepare an ordinance to control placement of newspaper racks and staff take as a long-term assignment investigation of alternatives to incorporate news- paper racks into appropriately designed structures. 1 1 1 1/28/74 See p. 177 Councilman Beahrs stated that he did not see why newspapers should be excepted from aesthetics. The newspapers do not give a great deal of thought to aesthetics. They are garish and designed to attract attention. The amendment passed on a unanimous vote. The motion as amended passed on a unanimous vote, Councilman Beahrs wondered if Council should not consider Mrs. Gamage's criticise of the lack of action on the lighting problem. He felt that the matter had been treated too lightly. If it is left standing, if the need becomes more than evident, he asked if more candle power could be put into the lamps and get the same effect. Mr. Deverel stated that the architect_ his electrical engineer, and the staff feel strongly about this lighting level. The architect's letter was extremely strong. His feeling is that they could not make a recommenda- tion for lighting levels as low as they were. Staff feels the architect would have done a disservice in. permitting Council to make the original selection. If it were to be done over again, the architect admits he would not have let it go so far without recommendation for charge. MOTION: Councilman Beahrs moved, seconded by Clay, that Council approve the recommended design change in the lighting scheme. Councilman Berwald recalled that the lighting fixture that was recommended had a smoked panel which he liked. He said he would be averse, without seeing the lights, to go back to the rLonsrnoked panel. He wondered if action could wait z,nt1 1 Council could see some samples. MOTION TO CONTINUE: Councilman Berwald moved, seconded by Rosenbaum, to continue until samples are available the approval of the recommended design change in the lighting scheme. The motion passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Berwald, that Council find that the approved design changes have no adverse environmental effect. The motion passed on a unanimous vote. Mr. Deverel commented that the bids had been received. Staff is pleased with the level of bid, and whereas they scheduled requesting approval for February 25, they hope to be able to accelerate that by two weeks. Staff is looking at the _bid alternates and the budget. He said before Council gets too optimistic, from a budgetary standpoint, the last action when the city went out for bid was to increase the budget level. It is touch and go whether the city will be able to live with the budget. Staff does not intend to recommend a reassessment or a respreading of the assess- ment. Use Permit for Montessori Educational Center Mayor Comstock commented that at the January 14 Council meeting, Council voted to continue the matter of the Montessori School to this date. No action was on the floor at the time the matter was continued. Mayor Comstock mentioned the canny ?ettets and telephone calls which had been 1 1 2 1/28/74 received by Council. He stated that Council had heard from the public, and the matter was now in the hands of the Council. He said that basically Council must decide whether it wished to invest another hour in public discussion. LOTION: Mayor Comstock moved, seconded by Pearson, that membersof the public be heard with an expression that they present their views as briefly as possible. The motion passed on a unanimous.vote (Norton absent). Carl Worline, 3130 Middlefield Road, addressed Council in opposition to the proposed expansion. Helen Lim, 675 Wsilsbury Way, addressed Council in opposition to the proposed expansion. John Armstrong, 645 Loma Verde, asked the people in the audience who opposed the building to stand. Frank Manfredi, 219 Addison, addressed Council in opposition to the proposed expansion. Elizabeth Lilly, 3058 Emerson Street, addressed Council in favor of the proposed expansion. David Gately, 1702 Bridgeway, Sa)lcaiito, architect for the project, discussed the physical aspects of the building. Bill Nugteren, 661 Towle, addressed Council in opposition to the proposed expansion. Robert J. Debs, 3145 Flowers Lane, addressed Council in opposition to the expansion. Joe Spinozzi, 617 Wellsbury Way, addressed Council in opposition to the proposed expansion. Corinne Brazier, 264 Fernando Avenue, addressed Council in opposition to the expansion. Larry Hull, 3102 Flowers Lane, addressed Council in opposition to the expansion. Ken Wilson, 3109 Flowers Lane, addressed Council in opposition to the expansion. Mrs. Marguerite Kramer, 381 Cuinda Street, addressed Council in favor of .ehe expansion. Beth Haggerty, 1766 17th Avenue, addressed Council in favor of the expansion. Hiss Lena Wikremaratne, 3895 Nelson Drive, addressed Council in favor of the expansion. George Desposito, 647 wellabury Way, addressed Council is opposition to the expansion. John Dougherty, Seoret.axy--Treosuzer of the Montessori Center, addressed Council in favor of the expansion. 1 1 3 1/28/74 Ken Hunt, 4137 Solana, addressed Council in favor of the expansion. Cordelia English, 3114 Flowers Lane, addressed Council in opposition to the proposed expansion. Mayor Comstock returned the matter to Council and stated that no action was left pending as a result of the Council continuance. MOTION: Councilman Bendersoa moved, seconded by Comstock, that Council deny the application of the Montessori Educational Center, 3115 Middlefield Road, Zone District R -I, for a use permit to increase attendance. Councilman Henderson stated that.he felt this was a case of having approved a special use within a residential area and the obligation to stay with what was approved. Council is not justified in telling residents that a certain use or capacity will be in effect and then permit substantial changes. The number of children has already doubled for this school, and a new building would allow more than another doubling if it were filled to capacity. He said he was concerned that the hours would be increased which would mean more play time and disturbance for residents. Councilman Ler'wa1d commented that this item= had all of the earmarks of a conflict where there is an applicant who sincerely wants to do a good job for children and feels her cast is strong, and she can see no possible reason why anyone., would object to what she is doing. Still she has evidenced a desire to amend the application and had indicated that to hire in a discussion recently. On the other side of the conflict is a group of neighbors who feel sincerely the school will lower their property values and cause other hazards. He said the matter could be handled by approving the motion, defeating that notion and =approving the nursery school as presented by staff, and, his preference, to handle it by compromise or integrating the desires of both residents and the operators of the school its a manner that they could live in harmony, and neither side would feel the other was threatening it. He mentioned many of the objections to the school which had been stated by speakers. He said he had talked to Miss Lena and her business adviser and also talked to some of the neighbors. He found that meat of the people were very reasonable. He felt that the pleas of the residents had merit. With that in mind, and after talking with the City Attorney, he felt that Council should go back in the direction of Council- man Rocenbaum's motion. He said his main thoughts were that a motion of referral would take care of almost all of the objections except those who don't want the Montessori School there and don't Rant more students. Councilman Berwsld thought that the number of students was reasonable. He thought the school vas successful, and with proper design that number would not be more intrusion than the number there now. If people under- stood the design of the building„they would see that some of the square footageis in design. Primarily the larger square footage is there, not to accommodate the increase from thirty to fifty, but to provide a quality ,school. He said he had visited several nursery scho=ols in Palo :alto. Montessori offers a quality service to children. Re found it inconsistent and illogical that Council .would discourage a reasonable expansion of a nursery school in this location at the same time the city is willing to spend money in a publicly subsidized child care program. MOTION TO REFER: Councilman Berweld moved, seconded by Norton, to return this item to the Planning Commission with the understanding that within sixty days the applicant would submit an amended application which would 1 1 4 1/28/74 at a minimum comply with the following conditions, in addition to the con- ditions established by the Zoning Administrator: a. That any structures built upon the site.be economically and readily convertible design -wise to residential use. b. That the dimensions of additional structures and the design layout on the site be such as to be unobtrusive to the adjoining residential properties. c. That sound barriers such as concrete block wall or planting or combination thereof, be constructed to minimize noise annoyances to adjacent residences. d. That it be clearly understood that should the permitted number of children as indicated by the Zoning Administrator's condi- tions be exceeded, that the permit will be revoked forthwith. e. That upon termination of the present use, the property and all the structures thereon will be restored to residential use. f. That locations of outside child play areas be situated to the extent practicable so as to minimize noise annoyances to neighboring residents. g, Amended plans to be reviewed by Architectural Review Board. Councilman Berwald commented that he would leave the ne ber of students te=en. The motion would permit an increase to fifty students total. Councilman Beahrs commented that he suffers a lot of pain in this situa- tion. He said that once before he was a key vote and at that time helpfully caused a sieezy commercial area to go down the drain. He said this spoke to his opinion of the general neighborhood. He felt favorably disposed to the good works of this school, and he thought it was unfortunate that some of the opponents were too emotional about the matter. He said he was also concerned once again in Palo Alto to have the horrendous commercial appellation thrown, and he thought it was unfortunate, because people overlook the fact that this city enjoys 602 of its amenities out of commercial interests. He thloke it is unfortunate that everytirae something is not liked in this town, the scream goes up that it is commercial. Ile said God help us if we don't have commercial interests. He favors this neighborhood, but he has also had his throat neatly cut many times politic -- ally, and he thinks this is a rather serious problem, because this is the Palo Alto game, and this whale proposition is reminiscent of the last battlecry which was "Bell, no, the site isn't right." He said he sympathises with the neighborhood, and hs dose not think the Montessori School should gain the impressionthat they will be able to expand. He did notthink Middlefield was appropriate for a nursery school. Now is the ties: to draw the line, and this is . it. He said he really considers himself very much on the spot. He is sympathetic to the neighborhood, and the school must make every effort to accommodate the criticisms which they have heard loud and clear. }le hoped the neighborhood would be more temperate in its general campaign. He thought there was a limit to all things. Councilman Berwald's motion covered the points will. Ready, Council has not been given any criteria on which to make .a . judgafeut. No ore has told him what the total land area involved is. Hs does not know whether this land area is excessive for fifty students or whether itis inadequate. He said he was concerned about the economics from the standpoint of the school. If it has reached its optimum at fifty, surely business and commercial interests have to go See P. 177 1 1 5 1/28/74 ahead or fail. If the school has reached the point where this is a critical economic situation, he thought it must face the point where it lust give serious thought to the ultimate future. He hoped the city could help it get a proper facilitye If.this is as far as it can go with its development, perhaps it is at the point of diminishing returns. He felt these questions should be.aired, because this is as far as Palo Alto will permit the school to enlarge. Vice Mayor Pearson commeated that she had a hard time with this problem. She recalled that.thexe.were-four people presently on the Council who were on the Council at the -tile the Montessori School wanted to locate in the Presbyterian Church.on Cowper Street in downtown Palo Alto. This is almost like a replay of what went on at that time. Council agreed to a use permit for thirty children.. The Montessori School had asked for one hundred children, and when the Montessori School would not agree to a smaller enrollment, the Council denied the use permit. They went to another R-1 area where they ware accepted with fifteen children and expanded to thirty children, which is an acceptable number. She said she would stick with that number. She would expect to see other day care centers in other parts of the city, and more than thirty children in any R-1 neighborhood would cause a group of people to come in and say anything beyond thirty children is too much. Councilman Sher asked Councilman Berwald to clarify his motion, Councilman Berwald said that the idea is to return the item to the Planning Commission with the understanding that within sixty days, the applicant would rake amendments that would as completely as possible answer the objections of the neighbors. He said he would hope that would give the applicant sixty days to talk to some of the neighbors. L.t bothers him that both parties are responsible for talking to one another before they come to Council with their differences, Many of the objections brought up tonight Miss Lena had never heard of. CounciZsaan Sher said he questioned what the intention is. Is the school prepared to reapply and tno)uxle these conditions, oz was Councilman Berwald suggesting the Planning Commission should approve this permit or review it, and if they find it unacceptable, is Councilman Berwald prepared to go along with the Planning Commission? Councilman Rerwald said he was not prepared to say hoi' he would vote on it, because it depends on what they do. The matter would stay open. The applicant might come up with a very much changed application that would take into consideration the things they heard. It gives the parties e chance to see if something am be worked out. Now Council is faced with a 5,500 square -foot building .sand none of these conditions. He said'the conditions are more or leas directions to the applicant as well as to the Planning Commission. Councilman Clay cemented that that referral would not require the operators of the Montessori School to .reapply. It also includes going to the Architectural Review Board. One of the arguments was the intrusion in an R-1 district, and anther vas the extended hours having to do with child care services which are riot.now provided. He .said that all. of Palo Alto's schools are in R-1 districts, and Council just a short while ago approved a child care program with city subsidy, and these centers would be in R-1 districts which would be more nonconforming in his mind than the Montessori School, because the school. is designed to handle the number of children they will eventually have, whereas the centers may not be so designed. What 1 1 5 1/28/74 Council has in front of it.is a use.permit, and yet it is talking about a building. He questioned the.procedure for approving use permits. In this case, Council has a use.permit which is tied into, the building, and the building Council does not see, and it. would be premature for Council to get too much into the building before the Architectural Review Board sees it. IIe.said he.would like to see this item go beck to the Planning Commission and the Architectural Review Board so that when it comes back to Council, there will be a complete package to look at. Councilman Rosenbaum sta.ted .that there are two issues that have been advanced. One has to do with protection of the immediately adjacent property, and he was sympathetic to that concern. The other concern is that somehow the entire R-1 area isgoing to be endangered. He said he could not give any credence to that argument. He imagined that all of the parents in the audience had sent their children to -nursery school in an R-1 area, because that is where they are. That is probably ne, the issue. It is whether thin urea can stand a somewhat larger school. He said he wasnot sure the applicant fully appreciates the situation. The architect looked at Palo Alto's zoning ordinance and picked the biggest building with the closest setback he could get assay with. In an R-1 area, you can't build a thirty -five -foot -high house. He thought the applicant was going to have to realize we are not talking about a s!mple use permit where you use the existing structure. The building must be designed and landscaping arranged, noise barriers installed, and many things to which no concern was given in the original application. These are i:he matters that will be looked at more closely when it comes back to Council. If the school feels the restrictions are too onerous, it must consider. moving. He said he supported the :.otion, and he suggested that perhaps Council should look at use permits when new construction is involved. Councilman Beahrs stated that he was sincerely concerned about the economics of the whole proposition. He was solicitous of the.school, and the restric- tions could prove unrealistic -He said he hates the thought of designing a school structure with the understanding that it would be easily and economic- ally convertible to attractive R-1 housing. He was not thoroughly sold that this whole area of Middlefield is -appropriately R-1. He does not know what the General Plan.changes might -be. He said he hoped the school would consider the economies, because this is the absolute stop on any expansion whatever. The referral motion passed on the following vote: AYES: Beahrs, Berwald, Clay, Norton, Rosenbaum NOES: Comstock, Henderson, Pearson, Sher Reaoiution of Welcome to.Students o Pau ,le Ga Pager Sc o Caau e , stn$ a MOTION: Mayor Comstock coved, seconded by Pearson, that the matter of preparation of a resolution of welcome to the students of Caulfield Grammar School, Caulfield, Australia, be continued to the next regular Council meeting. The Potion passed on a unanimous vote. (Councilman Norton left the Council Chambers at 11:35 p.m. and did not return.) 1 1 7 1/28/74 Consideration of Su ort for Count -wide Ban on ,onreturna a Bott es an Cans Vice Mayor Pearson commented that.she had sent Council a memorandum regarding an item on the Board.of Supervisors' agenda which is a proposal for a county -wide ban on nonreturnable. bottles and cans. Council waa sent a copy of a memorandum regarding the legality of such a ban. Also, it was sent a clipping from the Palo Alto Times which showed the Assembly Committee has approved a statewide nonreturnable ban. She suggested Council support the supervisors in their move for a county -wide ban, and the Mayor be directed to write a letter supporting the statewide ban on nonreturnable bottles and cans. MOTION: Vice Mayor 'Pearson moved, seconded by Beahrs, that the Board of Supervisors be notified Tuesday morning, January 29, of Palo Alto's support of the litter control ordinance; that the Mayor be directed to write a letter to the Ways and Means Committee supporting AB 594 (out- lawing nonreturnable bottles and cans). Councilman Rosenbaum felt _that there should be state legislation, but failing that, county legislation. Vice Mayor Pearson said that the Council could support the Board of Supervisors in their att mpt to get county -wide control, and then if they can't, to try to get it statewide. She thought that the Board of Supervisors wanted the local support. Councilman Rosenbaum said he would like to support the Board of Supervisors but ask them to withhold final action until they see what the state legislature does. Vice Mayor Pearson replied that the.Board of Supervisors wants to move first, and if they can't get anywhere, go to the state. MOTION DIVIDED: Councilman it rwal.d requested the t the motion be divided. Mayor Comstock ruled that the question would be divided. The notion to communicate support to the Board of Supervisors passed on the following vote: AYES: Beahrs, Clay, Comstock, Henderson, Pearson, Sher NOES: Rosenbaum ABSTAIN: Berwaid The motion requesting the Mayor to write a letter to the Ways and Means Committee passed on a unanimous vote. - Requirement re Use Permit Where It�oiean t t angs f r e t ors s caned Councilman Rosenbaum said that there is some lack of clarity in regard to use permits. Quite often they involve use of existing property, and in other cases, new construction. 1 1 d 1/28/74 MOTION: Councilman Rosenbaum moved, seconded by Berwald, that staff be directed to study adding to the Zoning Ordinance a requirement for Planning Commission and Council approval of use permits where aignificant new construction is planned. Vice Mayor Pearson coamented.that it behooves staff to look into one of the items which incorporates in the zoning ordinance a request for a stronger policy on nonresidential uses adjacent to residential areas. She said that was Councilman Berwald'e motion at one time. Councilman Clay commented that Councilman Rosenbaum's action is presumably to include the procedural matter of use permit approval. He said he had a problem with the Montessori School project in that there is a request for a use permit, and no building plans, and the building is an integral part of the application. The use permit and procedures would be a part of this action. Councilman Rosenbaum said he hoped they would be. All Council has --bean ;ipaet by the way the Montessori School matter has gone. Councilman Berwald said that Councilman Henderson had put in front of him a copy of the pending items, including the suggestion that there should be stronger protection of nonresidential uses adjacent to residential :ones. He said marked on the side was "Berwald's motion." He said he would still supp-'rt that. He wasn't thinking of nursery schools when he made the motion He was thinking of nonresidential zoning such as commer- cial or industrial and to buffer those zones. He said he has voted con- sistently to do that. He thinks that Council should give a great deal of attention to it and should move it up as a higher priority. The motion passed on a t::nanimous vote. Oral Co:+munications 1. Frank Manfredi, 219 Addison, addressed Council regarding the leash law, medical clinic, and education. 2. Kermit Knopf, 1400 Waverley, addressed Council regarding the Montessori School matter. 3. Mrs. Frances Brenner responded for the Planning Commission. Ad aurae The meeting adjourned at 11:50 p.m. ATTEST: APPROVE: �1 161L6‘A.4„/ 1L City Clerkads") Mayor 1 1 9 1/28/74 Wednesday, January 30, 1974--3:04 The City Council of the City of Palo Alto met or: this date in a special meeting at the Cultural Center, 1313 Newell Road, Palo Alto. Press and members of the public were invited to attend. Present: Absent: Clay, Henderson, Norton, Pearson, Rosenbaum (arrived 3:35 p.m.), Sher Beehre, Barmaid, Comstock City Manager George Sipel explained that the objective of this after- noon's meeting was to give Council members an opportunity to learn about organizational developtent. This is a coapept the management and staff members of the city have worked with for a little over a year. Today's session will introduce Council rftembers to organizational development and the opportunities for its application at the Council level and between Council and staff. Mr. Sipel introduced Mr. Bob Gaertner, Organization Development Trainer, Saga Administrative Corporation, who has been work- ing with the City of Palo Alto in its organization development program. Mr. Gaertner made a presentation covering the following aspects of organizational development: I. Definition II. Assumptions III. Belief Systems of Consultants ITT. Objectives V. What it is not VI. Row OD works VII. OD activities VIII. Role of consultant Members of the Council raised questions for Mt. Gaertner's and Mr. Sipais's response. At the close of the session, the conceneua was that no further action be taken at this tine, but the Council could explore this concept further if it wished during forthcoming Policy and.Procedures and Council meetings of the subject of Council and Committee meetings procedure. It was noted that a tape of this after- noon's session would be available for listening in the Clerk's office. ATTEST: APPROVE: C -6))4,4,4-A, City Clerk f Mayor p.m. 120 1/30/74