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HomeMy WebLinkAbout05211973CITY COUNCIL ` MINUTE May 21, 1973 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rcsenbaun, Sem3n Absent: None Mayor Comstock announced that this evening Council would be addressing itself to several matters which had engendered high public interest. He said that Council would allow people who wished to express themselves to do so. After the p:ai.iic had spoken, the matter would be returned to Council for consideration. He stated that no one would be allowed to interrupt the business before Council and the conduct of the meeting. Penal Code Section 403 prohibits the disruption of a public meeting, and he hoped there would be no violation. If disruption did occur, he would announce the disruption and ask that the n etine, be }acught back to order. If the meeting :;ere not brought back to order, Council would adjourn or recess until order was restored. Persons violating Section 403 of the Penal Code would be prosecuted. Minutes of 7 ril 2, 1973 MOTION: Mayor Comstock moved, seconded by Norton, that Council re- consider the minutes of the Council meeting of April 2, 1973. The motion passed on a unanimous vote. MOTION: Mayor C tock roved, seconded by Seen, to insert the following ordinance title on page 277 under the subject Rural Trails and Paths: ORDINANCE NO. 2710 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-73 TO APPRORPIATL $5,000 FOR CONSTRUCTION OF THE FLOOD CONTROL BASIN LOOP TRAIL:' The motion passed on F. unanimous vote. Minutes of April 30, 1973 Mayor Comstock noted that the City Clerk had ind. aced the following corrections should be made to the minutes of April 30: Page 333, sixth line from the top, $580,000 should be $585,000; second line of paragraph 2, Ed "Hays" should read Ed "Haag." Page 334, second line of paragraph 5, $350,000 should be $760,000; first line, paragraph 6, add "and" after "consultants"; last sentence, paragraph 6, should read: "Inspection, surveying, 378 5/21/73 design, and administration that staff would be doing would be involved." Second, line, paragraph 7, $565,000 should read $585.000. Page 335. second line, paragraph 6, $250,000 should read $240,000. Councilwoman Seman referred to page 346, seventh line from the bottom, and said that "JCCJ" should be "CCCJ." She also referred to page 354, fourth paragraph from the bottom and noted that the loss of access would be off Bryant Street instead of Ramona. Councilman Beahrs referred to page 333, third line from the bottom, and noted that the word "transmitting" should be "transiting," MOTION: Mayor Comstock moved, seconded by Henderson, that the minutes of April 30, 1973, be approved as corrected. The motion passed cn a unanimous vote, Cancellation of Regular Council Meeting_of May 29 MOTION: Mayor Comstock roved, seccn rA by Henderson, that the regular City Council meeting of May 29, 1973, be cancelled. The motion passed on a unanimous vote. Barron Park General Plan (CNR "e 25:3) Richard Placone, 601 Chimalus Drive, president of the Barron Park Association, stated that there were several members of the Barron Park Association present at the meeting who were prepared to answer questions Council :night have concerning the Barron Park General Plan. He indicated that staff had already explored informally with residents of Barron Park the possibility of annexation. The Barron Park Association board was asked to continue discussions hut to make no commitments. MOTION: Councilwoman Pearson moved, seconded by Henderson, that the City Council reply to the Santa Clara County Planning Commis- sion Chat (1) it cannot specifically approve the Barron Park General Plan at this time in light of its own ongoing Cceaprehensive Plan process presently under way; (2) however, it does support in prin- ciple the desire of Barron Park to preserve and enhance Barron Park as a residential community made up predominately of single- family homes by keeping present R-1 zoning intact; and (3) it urges the County Board of Supervisors not to take any actions inconsistent with maintaining that residential quality in Barron Park. The motion passed on a unanimous vote. MOTION: Councilwoman Pearson moved, seconded by Seman, that the City Council direct staff to investigate how to proceed with annexa- tion, including the basic legal steps required for annexation, the issues as the City sees them, and the preparation of basic data which will be deeded to deal with the issues and report to Council between 60 and 90 days. 3 7 9 5411/73 Councilman Rosenbaum commented that in the previous motion Council stated it is premature to approve the General Plan because of the city's Comprehensive Plan study which is under way, and he wondered if Barron Park residents might not fees the same way until they see the results of the Comprehensive General Plan. City Manager Sipel felt that if there la to be an annexation, the sooner, the better, because it will allow people in the area to be a more vital part of the planning process. He said he did not think it was inconsistent to proceed with discussions about whether or not there is to be an annexation. He noted it would likely take about two years to accomplish annexation and advised that staff would come back to Council with general information about annexation procedures that would have to be followed if the city and the residents of Barron Park wish to proceed. Vice Mayor Norton said he assumed, if the vote is favorable, it would not be construed as an invitation of encouragement to the Barron Park people but purely an objective request to find out the facts. He pointed out there mightbeserious disadvantages to the city from a financial point of view and wanted to make it clear that tonight Council was voting for information from the staff. Councilm=an Beahrs noted that the map attached to the report showed the S.P. right of way and asked which side of the right of way prop- erty is owned by Stanford. He said he did not favor the idea of annexing part: of Stanford. Mr. Placone pointed out on the map the approximate ownership of Stanford and the S.P. He said that Stanford had given Santa Clara Courty an option to lease that section of the right of way that it owns on a terra ear basis, providing that it be incorporated into the new county park which will be under construction within the next month or so< The county is in the process of negotiating a similar lease- for the S.P. portion. In all likelihood, the entire railroad right of way would be incorporated into a park. Councilman Berwaid asked if the basic data would include the costs to the residents of city policy regarding streets, sewers, and side- walks, difference In taxes, and any special districts. Would the data include bringing to Council and the residents all of the finan- cial data, etc. that would enable the decision to be made. ADDITION TO MOTION: Councilman Ber-z:ald suggested adding to the motion after the words "issues as the city", the phrase and the residents of Barron Park see..." Louncilman Pearson, with the consent of her second, agreed to incor- porate that change into the motion. Councilman Beahrs commented that Stanford has only three acres and asked if it would be apT)ropriate to include it in an annexation. City Manager Sipel said it would be included because he doubted that UPC() would allow the city to leave a small unincorporated island. He added he did not see it as a major problem, The motion passed on a unanimous vote. 380 5/21/73 Proposed Amendments to the County Zoning Ordiance. Control of Urban Develo sent in Urban Service Areas Councilwoman Pearson commented that in her opinion the ordinance should apply to Barron Park. Planning Director Knox advised that in discussion with staff members of the County Counsel's office, it seemed evident that the ordinance as drafted was meant to apply to all unincorporated areas of the county that were within the urban service areas of incorporated cities, and these areas were being encouraged by this ordinance to become part of the adjacent incorporated cities. Planning Commission Chairman Mary Gordon added that Mr. Roy Cameron, Santa Clara County Director of Planning, had confirmed to her that the ordinance was meant to be applicable to all unincorporated urban service areas since this had been a general problem in the county, The ordinance was intended to give added strength to those incor- porated jurisdictions to control development in, or encourage annex- ation of adjacent unincorporated areas. MOTION: Councilwoman Pearson moved, seconded by Norton, that the City Council voice to the Santa Clara County Board of Supervisors its approval of amending County Ordinance No. NS -1200 to control urban development in urban service areas. Councilman Beahrs commented that Stanford is considered to be within the area of interest of Palo Alto and he did not care for the idea of a group of well-intentioned Stanford students voting a bond issue in Palo Alto and then leaving in a year or two without hell,ir&g to pay it off. As a taxpayer, he said he did not want to be in the position of committing himself to any future annexation of Stanford property. He asked if there. had been any discussions along this line and whether Stanford lands are included or exempted .from the intentions of the proposed county ordinance. Mr. Knox stated that Mr. Hudnull of the attorney's office at Stanford had talked with Supervisor Calvo about the applicability of the ordi- nance to Stanford lands. Supervisor Calvo discussed the matter with Mr. Siegel of the Count; Counsel's office, and Mr. Siegelfelt it was possible that the educational portion of Stanford could be exempted if it could be viewed as a community serving itself. However, Mr. Siegel felt the supervisors are more likely to ask cities to recon- sider urban service area boundaries with the "--cs" combining zone in mind after such a zone is adopted. The County Counsel's office felt the urban service area boundary revision would be the more appropriate way to deal with Stanford's academic lands. Mr. Siegel felt the com- mercial and iuduatrial land at Stanford should definitely remain in the urban service area. He had no opinion as yet about Stanford's residential areas, faculty or student. City Attorney Stone pointed out that passaise of the proposed ordinance by the county would not, in and of itself, rezone the land in Barron Park. There would have to be a series of hearings as to whether or not the ordinance would be applied to Stanford property or any other property within a city's sphere of influence. Councilwoman Seman referred to the proposed ordinance and noted the bottom of page 1 lists the R districts. She asked how many units constitute low density or medium density, etc. Mr. Knox responded that R-3-2.4 allows 16 units per acre, and R-3-1.2 allows 32 units per acre. 381 5/21/73 Councilwoman Semen asked i Mr. Knox responded that t figures are not being ch zone. This new zone wou I.T.T. lands, all in Pa combining zone which wo ordinance. Basically acres of land, or some for exemption could b which is not urban c and which requires development. Upon city's zoning desi f the numbers were the same. as Palo Alto's. hey are not. He went on to explain that those nged; rather, "-cs;' is being added as a new ld blanket Barron Park, Stanford, and the to Alto's urban service area, with a "-cs" uld set new regulations as described :n the it would allow only one dwelling unit per 2.5 other uses with a use permit, unless reasons e shown. Essentially this means that anything ould be developed, but anything which is urban urban services would have to be annexed prior to annexation, the land would then come under the gnations. Mayor Comstock commented that the report of County Counsel Siegel makes it clear these districts will apply only in unincorporated areas and make development more restrictive and subject to more con- ditions. Anything relative to Stanford and Barron Park will be faced with a new set of standards to meet. He thought it was a good move on the part of the county. Councilwoman Pearson said this would prevent the kind of thing that happened on Arastradero Road where the land in the county was rezoned by the county for tulti--fatuity development over the protests of people in Palo Alto and Barron Park. The .property is now in Palo Alto, and the city is stuck with the development. The rotio n passed on a unanimous vote. Status Re or t. on Palo Alto DrsYg Abuse Control Program (CMR:731.:3) Mayor Preve prog Car Ca It Comstock said he had asked representatives of the Community ntion Center and Residential Treatment Center to report on the rams as the}• are now functioning. la Vespe, Chairwoman of PACDAB, introduced Nancy Buell and Sam nnistr•ac.t who read reports outlining the present status and activ- ies of the Community Prevention Center and Residential Treatment enter respective/y. Councilman Henderson commented that he was espeelaliy satisfied to hear of their success in working with Stanford to set up detoxifica- tion facilities. He wondered how many beds would be available at Stanford, El Camino and Sequoia Hospitals and how that fits in with the total need for detoxification facilities in this area. Nancy Buell replied that there are two beds available at Stanford, three at El Camino` and Sequoia is etill in the process of discussion. The beds are often full and they have to turn people away. Councilman Beaters stated thi.t he realized the staff is dedicated and is doing its beat, and yet he felt everyone is less than honest unless he confesses to a high degree of upset over the RTC problems. He pointed out that the City Council is dependent upon the drug staff's performance to a large degree in getting community support for this program ar:d said he does not think Council can defend the expenditure if the center continues to indulge people who seem to be irresp6nsible and not intent on rehabilitating themselves. He aid he hoped the drug ate.ff could give sasurance that there will be less trouble. 3 $ 2 3/21/73 Ms. Buell responded that one of the reasons they chose to report to Council is because they feel they have not received the same publicity about the positive aspects of the program as they have about the inci- dents that have happened. She said it is expected that the upcoming evaluation will highlight some of the ether things that are happening. Councilman Beahrs stated that at the inception of the program he was criticized because he did not support the program and felt this was a program which should be supported at the county level of govern- ment. He noted that tonight Council heard about working with three hospitals. He said he would be glad to go with the drug staff to the Board of Supervisors and see if they could generate larger fund- ing than can be had from the city as he still thinks this kind of activity should be supported at the county level. Carla Vespe re- sponded that they could use more help in trying to influence the county and encouraged Councilman Beahrs to join them. Sam Cannistraci said that they are experiencing a few difficulties and administrative problems that were not taken care of when they opened the RTC. He noted that other drug centers that have opened have taken years to get a sufficient program to rehabilitate drug addicts. The staff feels it can come up with an outstanding pro- gram that may save a few lives. Mayor Comstock asked what they see now that they would do differently. San Cannistraci replied that their restriction period should be much longer; also, on intake they are setting up a routine w2:ere a person goes seven days and gees through different phases with the Collective and RIC staffs. Councilman Rosenbaum recognized that the RTC is art extremely diffi- cult way to treat drug users, but it is not unique, He asked what went wrong and why were those things which are proposed for the future not doze before the program opened. Sam Cannistraci responded that the center was under pressure to open sooner than it was ready. Carla Vespe added that there is social pressure to make a home, and their first response is "How can we turn some away.?„ She said it is often hard to be totally practical when considering human needs. Councilman Rosenbaum recalled than when Councit set up this program, it gave staff some ambiguous direction with regard to resident policy. He asked if a policy had yet been established. Assistant City Manager Walker said that the city staff has been working with the staff of the RTC and the drug board to devise a policy. Prior to closing the RTC last week, they were close to reaching a draft agree - cent covering residency and priority of admitting people to the pro- gram. He said the policy will be bfought back to Council before it is adopted. Councilman Berwald asked what restrictions there are to the staff members in the RTC regarding their personal use of drugs or the use of drugs in the RTC. Carla Vespe responded that this is one of the issues being considered in term of policy and philosophy. They are talking about a drug -free house. Councilman Berwald commented that the fact is that it wasn't drug free. He said he was talking about all addictive drugs. Mr. Cannistraci replied that the staff does not take any drugs. When a spot check is thrown on the house, it is thrown on the staff members as well. In response to a question from Councilman Berwald about screening of residents in the RTC, Mr. Cannistraci said that the screening policy is being done all over again. That is part of the problem, and they are re-evaluating the whole thing. Carla See P. 440 See p418 3 g 3 5/21/73 Vespe said she wants to have written policies that can be shared with the board and Council which will describe the procedures. Councilman Berwald asked if there are written standards for the mini- mal qualifications for the selection of staff at the RTC, and Carla Vespe indicated that so much depends on a person's personal back- ground that the kind of job requirements are very hard to pin down. She thought perhaps the criteria they use could be recorded. Responding to Councilman Berwald, Mr. Cannistraci said that the drugs started coming into the RTC about the third and fourth week after the residents were allowed to leave the house. Regarding staff, he said they had been operating one or two shart of the eight they need and felt they could do an adequate job if they had a full staff. Councilman Beahrs stated that before the RTC was bought, he advocated the possibility of taking some of these people out and isolating them completely in a place where they tight have to walk 25 or 30 miles to get what they need and also have to do a little work. In the light of the RTC's unhappy experiences, he wondered why this idea is not preferable. Sam Cannf.straci replied that they are setting up a structured program where residents will be doing something every hour on the hour. He commented that putting a person out of the en- vironment is r,nning from the problem. Carla Vespe added that there are also complications of residents needing to meet court appearances and doctor appointor nts. Councilwoman Sean asked if the drug staff representatives were familiar with the letter dated May 12, 1973 from Dr. Barbara Peterson. She asked that PACDAB report to Council on the items discussed in her letter. Councilman Berwald thanked the drug staff representatives for coming. He said he wanted a successful drub, program but knows it is difficult. He expressed admiration for people who give their lives to this type of work but noted the Council is using public funds and dealing with the lives of people, and it has to be done right. He said he was not completely satisfied with the manner in which it is being oper- ated or managed and evidently PACDAB is not completely satisfied either or they would not have closed the RTC. He said he would like to see the drug program have a full -tide director and hoped Council could work with PACDAB to quickly put an end to some of the problems which are keeping the program from being successful. He would like to see PACDAB become more open to the other drug programs, to the City Manager and the community Councilwoman Pearson asked Dr. Alan Seid whether or not the setback experienced by the RTC would be expected in a new program. She asked if everything went smoothly for Pathway and other houses in the beginning. Dr. Seid responded that during the early days of Pathway House there were great difficulties of the type that ocurred i.n the RTC with drugs being used on the premises. He commented that treating addiction is a very difficult task and many physiciar.s have thrown up their hands in despair. He said he thought it was a great thing for the Council to tackle this program to meet this urgent need in the community. This problem, he said, will be facing the staff as long as the RTC is in existence and, in his opinion, the staff handled the problem responsibly and quickly. He noted it takes some time to build up a core of residents who will back staff to see there is a totally clean house. 3 8 4 5/21/73 Councilwoman Pearson asked how easy it is to detect when a person has been using drugs, and Dr. Seid said it is extremely difficult. Also, in response to Councilwoman Pearson, Dr. Seid stated that the addict who remains on the streets of Palo Alto costs far more than hiring staff members and the expenditure of $200,000, from a finan- cial standpoint, is not very high compared to the cost to the com- munity for not dealing with the problem. Councilwoman Pearson said the addict who was put out was the primary concern but she $:elt the staff had acted responsibly when it cleaned up the house quickly and shut it down. She expressed the thought that the cost to society would be fa; greater if the city turned its back on the program before it has an opportunity to succeed. She said she was impressed by the number of people and contacts at the Collective each month and thought they were doing an excellent job. Mayor Comstock stated that one of the reasons he wanted the drug staff to come to the meeting was to answer questions from Council and hear Council's comments. He pointed out that these questions are received from the comrunity at large and are the questions Council members have to answer. He said he wanted the dtug staff to be aware that Council was conveying questions, comments, and feelings of the community, and it is irportant for the representa- tives to take this information back to the board and for the board to respond. Pe said he hoped Coun {1 would repeat this process at appropriate tires in the future. Jordan Junior Hi h School Tennis Court eaur acing: aorta o�, Fids CMR:73_:3) Councilman Rosenbaum questioned the project revision, stating the implication is that some of the reduction in cost was due to elimi- nating some asphalt associated with putting in a 1Z slop for drainage. Assistant City Manager Walker confirmed that the primary revision in the project was deletion of some additional asphalt that would have provided for a different kind of surface to the courts and the IX slope which would have facilitated drainage. He said there will be some problems in deleting that aspect of the project but not enough to detract from the quality of the courts themselves. Director of Recreation Keith Bruns concurred, stating he did not see any hindrance to play by eliminating the 1s grade. Councilman Rosenbaum noted the bid was $8,O00 less, and asked if the slope were responsible for the entire $8,000 or just a small part. Mr. Walker responded that the low bidder in this particular case is also the firta that was the low bidder last year when the project was bid. The major difference is the elimination of the work that would have been required to change the grade of the courts. It changes the project from reconstruction of the courts to more like resur- facing. Councilman Rosenbaum asked if the net result would be up to the same standard as the city courts. Mr. Walker said the Jordan court would nog;, be to the standard of the new courts at Rinconada and probably not at Palo Alto !'igh School but would be more like Gunn High School. Councilman Rosenbaum read from the contract section entitled "Nets and Accessories" sand said that there are a couple of courts on College Terrace where those conditions are not met. He said he hoped the city would maintain the courts to the same standards that it la asking of the school district. Mr. Bruns replied there would be no problem with maintenance. 3 8 5 5/21/73 Councilman Henderson said he did not recall Council directing staff to redesign the project at the July 24 meeting but thought staff stated perhaps the bids would be lower in the spring. He noted there is $5,000 to cover project contingencies and other things and asked if any of the $5,000 is involved in redesigning the project, and why wasn't it there originally. He commented that except for that $5,000, the city could go the extra $8,000 and surface these courts as originally intended. Assistant City Manager Deverel replied that at the time the bids were rejected last year, it was staff's intent to review the design and also to seek a later bid. Mr. Walker ex- plained that the proposed budget amendment would provide something in excess of $5,000, almost $5,800, which would provide money for contingency, primarily in the case of change orders. It is probable that money would not be necessary, but it is wise to have approximately 10% contingency. The rest of the money would be to supplement what has already been spent for the design and provide for other inspec- tional work and city engineering force work on the project. There has been no outside design work involved. Councilman Henderson asked why it is necessary to add $5,794 to this year's budget on a project which would not be paid for until July. Mr. Walker explained that the contract cannot be executed unless money is available to cover the full amount of the project. Staff is asking for the money at this time because of the desire to use the off period at the school for construction of the project. If work can begin at the end of June, chances are the project can be completed by the riddle of September. The $9,000 provided in next year's budget would be eliminated if Council adopts the proposed budget amendment. Councilman Beahrs questioned whether the city was sacrificing good standards to save a few dollars, He said Councilman Rcsenbaum's questions were well put and he thought it was time to give closer attention ;:o the type of performance the city would get from con- tractors eLe come in with low bids. Mr. Deverel pointed out that the specifications have not changed and the contractor will be re- quired to maintain quality. MOTION: Mayor Cow took introduced the following ordinance and moved, seconded by Pears::n, its adoption: ORDINANCE NO. 2719 entitled "ORDIN NCF? OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-1973 TO APPROPRIATE OF TO $5,794 FOR RESURFACING Thi JORDAN JUNIOR HIGH SCHOOL TENNIS COURTS" The ordinance was adopted on a unanimous vote. MOTION: Mayor Comstock moved, duly seconded, that Council authorize the Mayor to execute a contract with National Surfacing Company in the amount of $29,678.70 for the resurfacing of the tennis courts at Jordan Junior High School. The motion posed on a unanimous vote. 'POTION: Mayor Comstock moved, secondei by Norton, that Council finds that the project has no significant adverse environmental impact. The motion pasae4 on a unanimous vote. 386 5/21/73 MOTION: Mayor Comstock moved, seconded by Henderson, that Council authorize the City Manager to execute the agreement with the Palo Alto Unified School District, which will define each party's re- sponsibility with respect to this proiect. Councilwoman Seman asked if this agreement is basically the same agreement the city has had with the school district in the past. Mr. Walker responded that it is the same agreement proposed last year, but it is the first agreement of its kind that the city has had with the school district. It is applicable because of the joint nature of the project and the condition of the courts after they are reconstructed. They will not be adaptable to the type of maintenance the school district gives at the present time. The motion passed on a unanimous vote. Stern Communit Center Im movements: eatre Sho Alteration -ddition CMR:729:3) Councilman Rosenbaum asked about deletion of the sound proof door. Mr. Longacre, Arts Director, explained that the sound proof door is being delete because there is not enough money for it at this tire, and it does not destroy the project, only handicaps it. The theatre can be used for audience activities and instruction can go on sir:u1- taneous?y. ft totally restricts use of backstage area during a performance. It does not restrict use of the theatre shop addition. Staff hopes to put the addition of the door into the Capital. Im- provement Fund in the future. Councilwoman Semen referred to the environmental impact statement and asked if they are charged to the private developers or if the city picks up the costs. She suggested staff present to the Finance Committee for submission to Council the cost to the city of the en- vironmental impact program which seeaaa quite substantial. City Manager Sipel explained that the private developer is asked to -submit most of the basic information required by the city and then it is included by the staff for presentation to the Council or what- ever group has jurisdiction. He said it is too early to get a good ides of what it is going to cost. In another four to six months staff will have a better idea of costa and can respond better. MOTION: Mayor Comstock moved, seconded by Henderson, that Council finds that this project has no significant environmental impact. The motion passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Henderson, that the Mayor be authorized to execute a contract with W. A. ?faroney, Inc., in the amount of $65,750 for the theatre shop alteration/addition. The motion passed on a unanimous vote. lietropolitan Trans o� rotation Commission o�x i _Tra r�rta ton Gam: 3) Councilwoman Pearson said she less shocked to learn that the Metro- politan Transportation Commission has given first priority to 3 8 7 5/21/73 774 implementation of the Dumbarton Bridge and would like Council to take a strong stand opposing the Dumbarton Bridge. She said she thought that Council should reiterate before the MTC its position of opposition to the Dumbarton Bridge and the western approaches. MOTION: Councilwoman Pearson moved, seconded by Henderson, that a letter be sent to the Metropolitan Transportation Commission regard- ing Council's current position on the Dumbarton Bridge, and that position should be articulated at the May 31 public hearing by either the Mayor or a Council representative. In addition, direct staff to review the complete plan draft as soon as it is available and make suggestions to the City Council. Mayor Comstock commented that he believed that Council's previous position was that the bridge be brought under the jurisdiction of the MTC. City Manager Sipel read the action of the Council from the January 8 minutes. He said it was his opinion MTC gave it a first category position because of the legislative mandate. Staff is trying to confirm than: with the MTC and hopes to know more once the planned draft comes out this week. As soon as staff has more information, it will forward it to Council. Councilman Rosenbaum commented that the public hearing scheduled for May 31 is part of a two --day ground transportation symposium being held at Santa Clara University. He said he would be attending the first day. Councilman Eeahrs felt Council would be in an awkward position in reiterating the previous statement for the reason that MTC had cut Council's throat as far as the original concept was concerned. he felt the greatest complaint was the Palo Alto exit. MTC has given highest priority to the bridge, which is in violation of the city's expectation. He wondered if Council would not be better advised to defer this until MTC's position is :mown. City Manager Sipel felt Council should still. urge MTC to take up tt e study of this bridge on its own. It does not mean the plan cannot be changed after June. He thought the city should ask MTC to take an independent look at the bridge in terms of transportation problems in this area. Councilman Berwald recalled that the last action taken at the meeting of the three jurisdictions in East Palo Alto was that MTC would coin back to the three jurisdications. He suggested that MTC representa- tives be requested to sit down with the three jurisdictions as pre- viously requested. City Manager Sipel confirmed that MTC had agreed to take on this sturdy; that work has not been completed and has not been referred back to the three jurisdictions. He said he did not know when they expect to complete it but hoped to have that infor- mation within the next few days. He thought MTC's efforts were being pointed towards completion of the planned draft. Councilwoman Pearson commented that Menlo Park took some rather drastic action when they went to the legislature and asked that Palo Alto could not have any veto power over any of the approaches. In view of Menlo Park's position, she thought Palo Alto should take z. strong stand to protect the City of Palo Alto. Councilman Berwald commented that Council is talking about the Dumbarton Bridge but should be moving ahead to ask staff to tell Council about the dire consequences of an elevated BART system through 3 8 8 5/21/73 Palo Alto and the plans that MTC now has which include such details as taking out the Viking Repair Shop at Churchill and interchanges at various intersections. Council should be looking at it long range and not let it creep up. Byron Sher, 2085 Cowper, said he understood the City Manager's recom- mendation was to restate the Council's previous position in opposition to the Dumbarton Bridge reconstruction. He read the findings included in the definition of Category I and said he thought Council should go farther and request MTC not to place in Category I these findings which they did not make and which undercut what Assemblyman Hayden is trying to do, i.e. get the state legislature to amend its previous action to make the reconstruction of Dumbarton Bridge subject to MTC approval. City Manager Sipel stated that the intent of the action suggested was only to respond at the public hearing. The intent was to completely review the draft and then suggest to Council some actions prior to adoption of the plan on June 30. Mayor Comstock asked for comments about Category I and Category II, noting the bridge is in Category I, but the approaches are in Category II. City Manager Sipel replied he would rather comment on the categories after he sees the entire Chapter 7 and said he did not think two weeks would make a difference. AMENDMENT: Councilwoman Pearson moved, seconded by Henderson, to add to the motion that Council protests putting the bridge in Category 1 before !ITC has had an opportunity to review it. The amendment passed on a una.►imous vote. The motion as amended passed on a unanimous vote. (Council recessed from 9:55 p.m. to 10:12 p.m.) Monroe Park Sewer Assessments (CMR:720:3) Assistant City Manager Warren Deveral reviewed the staff report of May 17, 1973 which explained the system sizing, methods of alloca- tion of costs and staff recommendation for no action on this matter. He pointed out the various properties on a map and responded to ques- tions regarding the assessments. Councilman Beahrz expressed the probability that it would cost more to return the monies than the amount returned, and Mr. Deveral agreed. Councilman Berwald noted this assessment was made on the basis of square footage with the expectation that the property would someday be multifamily. He said he thought it should be assessed properly and would like to see the assessment redone if any other Council members felt it was a proper position. 1 Mr. Deverel replied that potentially there is a possibility for change in any planned useage district but to place the city government in a situation where every change represented a potential reassessment in an improvement district would be unduly burdensome. City Manager Sipel cited the El Camino Assessment District as an example and said if the city changed the zone enough so that it would have an effect on one of the utilities, it could face a reassessment of the total dif trict. Kt could happen anytime there was a rezoning and could create chaos for the city. No. action was taken. 389 5/21/73 s7 U radin of Southern Pacific for Mass Transit At the request of Councilman Rosenbaum, Mr. Scott McGilvray, general manager of Westbay Railway Associates, made a presentation to Council about the feasibility of upgrading the Southern Pacific as n means of providing a viable mass transit connection on the Peninsula. He stated that his first sees itself as a management entity being capable of managing the upgrading of the Southern Pacific. Mr. McGilvray stated that Southern Pacific service needs three kinds of itrprove- teents : 1. Bring SP to Market Street --approximately $50,000,000 Combine Millbrae Station with an airport SP station, approximately $6,000,000 3. Get better equipment and run it more frequently, such as 40 new gallery cars ---approximately $12,000,000; push-pull locomotives --approximately $3,250,000 Total cost of isp rovements needed for SP is $19,000,000, including centralized traffic control. tstir..ated cost of providing up to 25 grade separations would be approximately $753000,000 --total cost of 5150,000,000. 'n order to do else upgrading of the SP, it mould be necessary to have a joint r-wers asireement between the two counties --San Mateo and Santa Clara. San Mateo County has passed a resolution whir.; states that the Metropolitan Transportation Commission will investi- gate the legal and political implications of upgrading the SP. The MTC is preoccupied with putting out a transportation plan by June 30. Legal advisors to Westbay Railway believe that the legal facilities exist through the Public Utilities Commission to cause the SP to execute any upgrading that the commission may feel necessary as long as it does not cost the SP <tny money. Councilman Beahrs commented that Mr. McCilvray estimated the probable cost at around $150,000,000 but did not discuss the magnitude of probable deficit operation. He wondered if Westbay had investigated the cost to amortize the investment and deficit to each household. In his opinion, the chief political problems are costs and who will pay them. Mr. McGilvray replied that given the present financial support avail -- able fron the federal government, it appears possible to expect the federal government to bear two third& of the cost of upgrading. The local share would be $50 million. The vehicle available for finan- cing has not been sought by San Mateo County. Increased operating coats to go to 30 -minute service in 1971 dollars would be $4,384,000, making no provision for increased. revenue. Councilman Rosenbaum aeked what action Mr. McGilvray saw that some- one could take to keep this matter alive and further study its feasibility. Mr. McGilvray replied the subject belonged in the hands of the MTC. To the extent people want to have service now, the pres- sure has to be put on the MTC to concern themselves with implementation improvements. Councilman Rosenbaum said he felt Westbay;s proposal has to be followed through to its conclusion and answers determined as to feasibility. 3 9 0 5/21/73 He suggested that if there are a number of other cities interested, Palo Alto might want to get together an informal committee to meet periodically and listen to people with views on the subject and essentially try to keep some pressure on this matter. Councilwoman Seman thanked Mr. McGilvray for the presentation and stated that she wished to go on record in support of the concept. She expressed concern about the implications of lard use that BART implies as well as costs. Councilwoman Pearson commented that she had some experience on the Citizens Trar.cit Committee in San Mateo County as the representative from Palo Alto. They quickly pointed out that there are two kinds of leadership —councilmen who do not want to have PART extended and the Transit Board which was adamant that they wanted a BART system. When citizens asked why upgrading SP was not being considered, the committee members told them to go back and talk to their city coun- cils. She said that in talking about BART, one is talking about a whole new land use with high density along BART, She commented that people should remember that SP is going to stay and can be forced to upgrade. Outside idvert.sin -Transit District Buses Co!snci1man Rosenbauw referred to SB 818 and coftimPnted that this ie a question of external_ advertising and is the sort of legislation that gives government a bad name. San Jose City Lines and Peerless have always had }exterior advertising. The contract will end July 1 and ti.e Transportation Cotasmission did not wish to renew the contract. The advertisers' lawyer was incensed and said it would be illegal not to accept all the money that could be obtained and he went to the legislature. Senator Mills has introduced a bill which would penalize the Transit District if it does not continue exterior ad- vertising. MOTION: Councilman Rosenbaum moved, seconded by Beabrs, that staff be directed to draw up a resolution in opposition to the proposed legislation for presentation at the next Council meeting. The motion passed on a unanimous vote. Condominium Construction and Conversion Councilwoman Sean commented that a bill has been introduced that will give general law cities authority to develop tools to deal with the numerous problems surrounding conversion of existing apartment structures to condominiums. The fact that there is an SB 430 is an indication that there are problems and Council needs to know what they are and how it can address them. NOTION: Councilwoman Seman moved, seconded by Pearson, that staff investigate and report on existing law regarding condominiums con- struction and conversion, pending legialation, and possible city legislation if state does not act. In response to question from Councilman Ber•►ald, City Attorney Stone explained that the legislation is proposed with respect to those aspects of condominiums where the exteriors of the buildings, the common public areas, have tended in some areas to become run down rather quickly, and because they are generally the responsibility of See p 4/8 3 . 1 5/21173 a condominium association which in some instances does not last very long. There no longer is owner maintenance of some of these areas, and some of the legislation may be proposed to look at those aspects. He said he did not have knowledge of any problems in Palo Alto. Councilman Berwald asked if there were different code requirements on apartments and condominiums, and Mr. Stone responded that in some instances certain conversions are necessary. The conversions that See p. 41 have taken place in Palo Alto have been made on the basis the build- ing code requirements have been met. See p. 440 3 9 2 5/21/73 Councilman Berwald felt that the point that should be of most con- cern is the substantial depletion of the pool of rental units. The question then comes up as to why people are converting from rentals to condomiu , and he thought Council should be careful not to pass laws that discourage people from building apartment units. The motion passed on the following vote: Ayes: Beahrs, Clark, Comstock, Henderson, Pearson, Rosenbaum, Seman Noes: Berwald, Norton Demolition of House at 345 Kipling Street Randall Smith, 49T) Escondido, Stanford, addressed Council in opposi- tion to demolition of the house at 345 Kipling Street. Valerie Good, 239 Cowper, said tat she had just entered into an agreement to purchase the house at 345 Kipling and wanted to open up a distribution center. Mayor Comstock co; e rated that. Council had re- ceived a letter from her dated May 16 in which she gave notice of her intent to sue the city and therefore, Council could not respond to her remarks. City Manager Sipel suggested that Miss Good come into the office and talk to Mr. Glanville regarding the types of things that could be done with the building with the understanding that the city's order to demolish still holds at this particular time. Nicky Newby, 340 Ventura Avenue, member of Palo Alto Tenants' Union, addressed Council in opposition to demolition of the house. Nil MacNeale, 933 Beech Street, East Palo Alto, a general contractor, spoke about costs to rehabilitate the building. Roberta Cane, 636 Webster, addressed Council in opposition to demoli- tion of the house. No action was taken. Rcapportio sent of Congressional Districts Councilman Rosenbaum noted that during the past week the legislature had come to gripe with the problem of reapportionment and seemed to be doing a worse job than two years ago. Re reviewed that in 1971 the Council sent s resolution opposing, an a number of grounds, the method proposed for reapportionment. Re commented that this is a particularly inappropriate time for the legislature to be proposing this particular reapportionment which is designed to insure that in- cumbents are re-elected. He referred to Resolution No. 4492 and said he would propose that staff use it as a model, to be passed immediately and transmitted to the Governor and appropriate state legislators. Vice Mayor Norton asked if it could be understood that the action language would be the sake as Section 1 and 2 of Resolution 4492 -- just that Palo Alto not be divided in Section 1, and in Section 2 that Palo Alto be geographically joined intact with state senatorial and assembly districts with neighboring communities. Councilman Rosenbaum agreed and said he was proposing that the resolution of two years ago be the model with appropriate changes. MOTION: Councilman Rosenbaum introduced the following resolution and moved, seconded by Beahrs, its adoption: RESOLUTION NO. 4761 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OPPOSING LEGISLATIVE REAPPORTIONMENT PLANS WHICH WOULD PLACE SECTIONS OF THE CITY OF PALO ALTO INTO DIFFERENT STATE SENATORIAL AND ASSEMBLY DISTRICTS ANI) SUP- PORTING THE INCLUSION OF THE CITY OF PALO ALTO IN GEOGRAPH- ICALLY COMPACT DISLUC'I'S WITH NEIGHBORING NIDPENINSUI A Cc»g1UNITIES" The resolution ,Iras adopted on a unanimous vote. Cc�mrsendation Honorin Peninsula , Sacs... for the Blind Councilman Berwald stated that June 7 marks the thirty-seventh ;ear of the Palo Alto Society for the Blind. With that in mind, and at the request of Mrs. Moffatt gancock, he said he would move that Council authorize a suitable resolution honoring the Peninsula Society for the Blind, its volunteers and the people who have made it suc- cessful over the years. He read a letter from Mrs. Hancock requesting this recognition and inviting Council members to a luncheon. MOTION: Councilman Berwald introduced the following resolution and moved, seconded by P,eahrs, its cdoption: RESOLUTION NO. 4762 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING THE PALO ALTO SOCIETY FOR THE BLIND FOR OUTSTANDING COMMUNITY SERVICE}" The resolution was adopted on a unanimous vote. A AG Grant for Arts Councilwoman Seman reported that at ABAG°s executive committee meet- ing the committee unanimously authorized the aubmissian of a grant application to the National. Endowment for the Arts for funding which would help develop arts programs in the -`day Area and encourage co-- ordination and cooperation on a regional level. She announced that this application is the brainchild of Palo Alto's Arts Director, Alan Longacre. if the grant is approved, each jurisdiction which has an arts program would receive 502 of its current arts budget from ABAG. In addition, there would be funds for regional arts 3 9 3 3/21/73 projects and for those communities which cannot afford arts programs. She said it is a creative and exciting idea, and this Council can be - proud of Mr. Longacre. .AB 2040 --Re ioni14122.11a5.102sy t.ouncilwoman Seman reported that ABAO's executive committee was given a brief rundown on AB 2040, the new Knox proposal for a regional plan- ting agency for the Bay Area. It includes no directly elected repre- sentatives. They would all be city council members, mayors, and supervisors. For this reason, she said she spoke against it at the meeting and hoped Council would oppose any legislation that does not include some directly elected representatives. Oral Communications No one addressed Council. Special Xeetin It was agreed that there was not enough time remaining for the exec- utive personnel session which had been on the agenda. Mayor Comstock announced that a special meeting of the Council would be held Wednesday, May 23, for the purpose of holding an executive session. Adjournment The meeting adjourned at 11:45 p.m. APPROVED: ltx- ad ce,A-vJL-e) ATTEST: Assistant City Clerk 3 9 4 5/21033 14