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HomeMy WebLinkAbout06111973CITY COUNCIL MINUTES 2'1 (i /la) June 11, 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 (arrived 8:55 p.m.), Rosenbaum, Semen 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 public 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 meeting be brought back to order. if the meeting were 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 May 21 1973 City Clerk Ann Tanner referred to page 391, paragraph 3, line 8, and stated that Councilwoman Pearscn had requested thae after the words "city councils" ehere be inserted: "and Transit Board." Also, the last sentence should be changed to read: "She commented that people should remember that even if the area gets BART, SP is going to stay and haul freight, but that SP could be forced to upgrade the present system." Councilwoman Sedan referred to page 392, second paragraph, line 3, and requested that the words "conversions are :=ecessary" be deleted and substitute, "changes to the building are necessary for conversions." Councilman Berwald referred to page .i83 and said on May 21 he asked a number of questions of the drug abuse staff, and he would like to have his questions and the responses entered into the minutes. Also regarding 392, third paragraph, he would like to have the content checked for accuracy. Maj Jr Comstock stated that consideration of the minutes of May 21, 1973, wooed be put over until next week's Council meting in order to effect the requested changes. rin -- California Avenue Parkin _ Pro ect No. ,, - Mayor Comstock stated this is the time and place fixed for the hear- ing on the annual assessment which must_be levied to pay principal 4 1 8 6/11/73 and interest on the parking bonds issued under Bond Plan G in the California Avenue Area Parking Project 65-9. Bonds have been issued and sold in the amount of $390,000. The principal and interest payments are payable from the proceeds of the assessments which are at issue tonight. There is, therefore, no question but that the assessment must be levied and the basic purpose of the hearing is to allow each property owner the oppor- tunity to question the computation of his assessment and the ele- ments which comprise it. These include square footage of the building, the computation of parking requirements for the building under city ordinances, the use to which the property is being put, and the amount of off-street parking being provided in satisfaction of these requirements. Therefore, anyone having any objections to the computation of the various components of the assessment way express them at this time. Mayor Comstock declared the public hearing open. He asked staff if any protests had been received. City Clerk Ann Tanner indicated that a protest had been received from the Casa Corporation, concerning Assessor's Parcel No. 122-70-113 and stating that their assessment in the amount of $143 was in error, since they were given no credit for on -site parking spaces. Assistant City Manager 'warren Deverel stated that the protest was valid, and the adjustment would result in an assessment of $82.43 instead of $143. He said it would be appropriate for Council to reduce this assess :ent. Mayor Cy:f.stock declared the public hearing closed. MOTION: Councilman Beahrs moved, seconded by Henderson, that the assess ont ea Parcel #122-70--113 be reduced to $52.43. The ;potion passed on s unanimous vote. MOTION: Councilran Berwald introduced the following resolution and moved, seconded by Rosenbaum, its adoption: RESOLUTION NO. 4765 entitled "A RESOLUTION CONFIRMING ENGINEER'S REPORT AND ASSESSMENT ROLL - CALIFORNIA AVENUE AREA PARKING - PROJECT NO. 65.9" The resolution was adopted on a unanimous vote. Public Hearing - Universit Avenue District t -street ar n - roiect 6-8 Mayor Comstock stated this is the time and place fixed for the hear- ing on the annual assessment which must be levied to pay principal and interest on the parking bonds issued under Bond Plan G in the University Avenue Area Civic Center Off -Street Parking Project. Bonds have been issued and sold in the amount of $975,000. The principal and interest payments are payable from the proceeds of the assessments which are at issue tonight. The=re is, therefore, no question but that the assessment must be levied and the basic purpose of the hearing is to allow each property owner the oppor- tunity to question the computation of his assessment and the ele- ments which comprise it. These include square footage of the 419 6/11/73 building, the computation of parking requirements for the building under city ordinances, the use to which the property is being put, and the amount of off-street parking being provided in satisfaction of these requirements. Therefore, anyone having any objections to the computation of the vareous components of the assessment may express them at this time. Mayor Comstock declared the public hearing open.' He asked staff if any protests had been received. The City Clerk indicated that a protest had been received from Mr. louts Fasani concerning parcel 1122-49--23. Mr. Deverel stated that Mr. Fasani objects to his assessment's being greater than an adjoining property. Staff feels it is not an appro- priate protest, since Mr. Fasani's property is assessed on the basis of 6,650 square feet, and the adjoining property has a new footage of 4,434, resulting in the difference between the two assessments. Louis Pisani, 539 Alva Street, stated that his protest was based on computation of parking spaces. Mayor Comstock asked if it were possible to carry the matter over, or what would staff recommend. Mr. Deverel suggested that Council take action to approv=e the reso- lution with the exception of parcels #122-49-23 and 122-49-24, and staff would resolve the protest within the next week. Mayor Comstock declared the public hearing closed. TIc Councilman Berwald introduced the following resolution and moved, seconded by Norton, its adoption with the exception of parcels #122--49.23 and 122-4924: RESOLUTION NO. 4166 entitled "A RESOLUTION CONFIRMING ENGINEER'S REPORT AND ASSESSMENT ROLL - UNIVERSITY AVENUE DISTRICT CIVIC C INTER OFF-STREET PARKING -- PROJECT NO. 66-E" Mayor Comstock stated that the record should show that it is the intent of Council to resolve the issue on June 18 regarding parcels i122--49-23 and 122-49-24. The resolution was adopted on a unanimous vote. Site and Design District Approval .s 1;rT: c.:an aas o. A 1072 Elwell Court, Zone District L -M -1-D bOTION; Councilman Berwald moved, seconded by Henderson, that Council approve the application of Charles S.McCandless & Co. for Site and Design District approval at 1072 Elwell Court, Zone Dis- trict L -M --1-D, subject to conditions recorded in its May 30, 1973 minutes; and finds that the application will not have an adverse impact upon the environment. The motion passed on unanimous vote. 420 6/11/73 1 Variance Application and Appeal RR1chara T.'cent `1UD C eawA r street Zone District R-i Mayor Comstock 'noted that Council had received a number of letters and phone calls on this subject. Council has also received the Zoning Administrator's report, the Planning Commission minutes and report, and various maps. A. R. Aldinger, 505 N. California, addressed Council and said that when Mr. Peery approached him some months ago he signed the appli- cation because he had no objection from an aethestic point of view. He said in the final analysis the responsibility lies with people in government and he felt that there had been pressure brought to bear by way of a neighborhood popularity effort and he thought this was the wrong way to proceed. He said he was retracting his aup- port on the basis that he would defer to the recommendation of more knowledgeable people than he. Richard T. Peery, 2200 Cowper Street, said the Planning Commission had recommended denial of approval of his plans to add a family room to his home. He gave the reasons why that parts• ular location had been selected on his site and referred to a plan a:hick was posted on the wall shat�ing alteraative sites. He asked Council to allow the addition at the selected location. Michael O'Hern, 3367 Benton, Santa Clars, architect for the project, also told why they chose this particular location for the addition and said that he was out of town when the Planning Commission meet- ings were held and was not able to make a presentation before the Planning Commission. Jean Slocum, 1990 Cowper Street, said she thought Council should concern itself with the precedent setting nature of this request. Variances should be allowed for hardship and needy cases and she thought in this case there were other alternatives open to Mr. Peery. She asked if the variances allowed en this property would a subsequent party be able to add a second story to that part of the structure. Planning Director Know replied that if Council wishes to grant this variance, it can be limited to the variance before Council with no additional structure allowed. lira. Slocum said that if Council grants this variance, she hoped that it would include the stipulation that the property not be allowed to encroach on the 40 -foot setback and that a second story not be allowed on that section of the variance. Councilman Rosenbaum asked Mr. Peery how he would feel if Council were to attach condition to the variance that henceforth the front setback be forty feet. Mr. Peery responded that he would be agreeable. His idea is to not use the front and mar that beauty. Councilman Clark commented that there was very little discussion on this application at the Planning Commission meeting. He asked if the other approach to solving the space requireteents was brought before the Planning Commission and discussed the tradeoff of the two possible areas for the addition. Planning Commissioner Powers 4 2 1 6/1 /73 said that the presentation by the architect was not made to the Plan- ning Commission and there was no discussion of these particular alter- natives at the time. The Planning Commission did not have those plans before it nor the architect to raise those kinds of issues. Councilman Clark said he would like to have the Planning Commission think about this. In a se:tse this is a gun at Council's temple be- cause a request for a variance is being made, but there is a proposal for an addition which, to him, would detract from the aethestics of the area but which could be legally accomplished without a variance. He thought Council should consider which alternative is better for the community and he would like to have the Planning Commission take another look with this additional information. Councilman Henderson said he thought there were a number of alter- natives within the law for adding on the requested square footage for a family room. it seemed to him that the Planning Commission had made a judgment on this variance request and it should hold. He said these matters are always difficult because you want to bend over backwards to let a property owner make use of his property as he sees fit. He spent some time with Mr. Peery looking at all of the possibilities. There is no question but that this proposal is the best thing for Mr. Peery and his family; however, there are so many other satisfactory solutions that seem to have been rejected by the owner for convenience reasons. The size of the family roon could not be reduced because less space would not allow for the ping gong table. There is a full-sized basement which could also be used. He said that the reasons are valid fro the Peery's point of view but they hardly seem to constitute hardship or unuaual circrnstances. He was really most reluctant to go along with the idea of setting a precedent by allowing this particular variance. There are too many possibilities around the neighborhood for other people to want to do things with their prof}arty. Councilman Beahrs commented that he was quite familiar with this home. He thinks it is lovely as it is. He was somewha disturbed with the thought that Council was gi=ven two alternativea, either to go along with the proposed variance which he was frank to admit would not be destructive of the architectural effect that exists. On the other hand, Council is told that if it doesn't buy this, the owner will do what he can within the law which will not be as aes- thetically appealing as it might be. He :3sid he was sympathetic but if Council breaks down too regularly, excepting in extreme cases, it will be holding court here every other week on this type of case. He thought that the aesthetics are not hazarded at all in the proposal, but if Council grants this appeal, it is Just one of hundreds of cases that can develop to the embarasament of Council, city staff, and future councils, Councilman Berwald stated that he agreed with Councilman Clark's suggestion for the reason that he visited the property and when, you walk inside and lock at the plans, you get a different impres- sion of the necessity for it. There is no other alteration to those premises that would make any more sense than that proposed. There is already a wall there and the planned room would not pro- trude out into the easement any more than the wall does now. His guess was that Mr. Peery would not make an alteration on the front but whatever Council does, someone should make the motion to pre- vent any extension on to the Cowper frontage. Re suggested also looking at the feasibility of extending back toward the garage. Perhaps there might be some encroachment of'two to four feet which 422 U would not be undesirable. Councilman Lerwald said he would support referral to the Planning Commission for the purposes that Councilman Clark outlined. Vice Mayor Norton commented that this is one of the problems that gives Council fits every time it arises. He said he had looked at the property and tried to weigh the merits and demerits of the appli- cation and his conclusion is that it could be approved with certain conditions. He felt that Council had all the information that it needed. The first consideration is the logic of the placement of the fancily room. While alternatives are available, this particular location for a family room seems most logical in terms of the present floor plan. It is important not to force a strained or illogical floor plan. In terms of hardship, it is difficult to measure that. When you have an old residence without a family room and there is a reasonable need for a young family for a family room, he thought it should be given due consideration. With respect to the neighborhood, even if Mr. Peery were to build a ten -foot addition, it seems those arguments are equally important to the neighborhood and to the city. He would prefer that there be no further obstruction of that corner. He thought that permitting this unnoticeable addition would help the neighborhood and the city in that respect. He was concerned about the matter of precedent hue he was impressed with Councilman Rosenbaum`s question and applicant's response that he would be willing to give up his legal rights to build in the manner suggested by the alternative, namely, staying 40 feet back from Cowper er all along the way if this :minor encroachment is approved. The tradeoff in terms of open space and setbacks is of benefit to the city. He did not see any need to refer it to the Planning Commission but he would like the City Attorney's views on the ad- visability of having a covenant recorded with the county recorder to not only record Mr. Peery's willingness to leave the front forty feet open but also successors in interest. He asked if successors could be bound by such a covenant. City Attorney Stone responded that if the duration of the variance is limited to the life of the existing structure or structure to he built pursuant to the varierce, there will be a recording with county recorder of such an action. If the existing 20 -foot setback is made 40 feet by virtue of a condition to the variance, that would also be recorded with the county recorder. It would go for the life of. the :.structure and he would presume that an actual notice would be given to any subsequent purchasers of the property. MOTION: Councilman Henderson moved, seconded by Beahrs, that Coun- ei1 uphold tle recammendetiory of the Planning Commission to deny the variance application and appeal of Mr. and Mrs. Richard T. Peery to allow the location ani construction of an addition with a street sideyard setback of 8 feet where 16 feet are otherwise required at 2200 Cowper Street, Zone District R--1. The motion failed on the f_o11cwing vote: AYES: geahrs, Clark, Henderson, Seman NOES: Beruald, Comstock, Norton, Rosenbaum Mayor Comstock commented that the tie vote resulted in no variance being approved and the recommendation of the Planning Commission was not approved. He said the property remains in its present status. 423 6/11'3 if Councilman Berwald stated he did not like to see the property owner be held in abeyance and suspense by a 4 to 4 vote. MOTION: Councilman Berwald moved, seconded by Seman, that the matter be referred back to the Planning Commission for review for possible modifications that would make it acceptable. Vice Mayor Norton stated that he was opposed to referral because he thought Council had before it a set of plans that were reasonable in light of all the circumstances. He did not think that the Plan- ning Commission was likely to do much different from what had been proposed and if this motion fails, he would recommend approval sub- ject to the conditions that had been discussed by Councilman Rosenbaum and. himself. Planning Commissioner Powers said that he would like some clarifi- cation on exactly what it is that is being referred back to the Planning Commission. The Planning Commission can only take action on the specific application. There are any number of legal alterna- tives that could be proposed. To refer it back puts the Planning Commission in a position of reviewing legal alternatives that the property owner has. The major concern of the Planning Commission on this issue was that the sideyard setback is a minimum regfaire- ment and that request for a SO% variation from the minimum standard with the persuasive evidence that there are special circumstances surrounding the property was the reason for minimum discussion on the issue. Mayor Comstock replied that as he saw it, the recommendation of the Planning Commission was being returned to the Planning Commission so that body would have the matter before it exactly what it con- sidered before. The Commission would be basically getting returned to it the appeal from action of the Zoning Administrator and he was not sure that Council :lad given the Planning Commission a great deal of direction beyond that. In response to Councilman Clark, City Attorney Stone said that if no further action is taken by Council, the Planning Commission's action will be deemed to have been upheld. If Council refers it back to the Planning Commission, it will be heard again pursuant to Council action. The referral motion failed on the following vote: AYES: Berwald, Semen NOES: Aeahrs, Clark, Comstock, Henderson, Norton, Rosenbaum Mme: Vice Mayor Norton moved, seconded by Rosenbaum, that the recommendation of the Planning Commission be reversed in effect and that the appeal of the applicant be approved subject to conditions: (1) that the variance be limited to the plan before the City Council, including the single -story feature of those plans (the intent being that no additional building could go on the setback area without additional approval of Council); (2) that the variance run with the lifetime of the building and with this specific use and specific floor plan; and (3) with the exprecs permission of the applicant spread on the record, there would be an agreement recorded to re- flect that neither he nor any successor in interest in ownership would build anywhere in the 40 -foot setback area along Cowper Street for the lifetime of the building. Mayor Comstock asked the City Attorney whether or not the motion was in order. City Attorney Stone responded that given the action which was essentially non -action, neither side prevailed, and the motion was in order. Vice Mayor Norton asked the applicant to restate his willingness to accept the restrictions. Mr. Peery responded that he would be wi111na to accept the restric- tions. That is the reason it was designed the way it is. Councilman Henderson_commented that the most important segment of the motion seemed to be to cause the giving up of the right to build any closer than 40 feet on Cowper. If the variance had been allowed, there wasn't going to be any building on that 40 feet anyway. - Mayor Comstock responded that without that stipulation, the appli- cant would have beer. free to put another addition at a later tine :.n that location. Councilman Clark said that the would like to have nine councilmen present to vote on this. He would not like to have this issue blocked on a 4 to 4 vote. MOTION: Councilman Clark moved, seconded by Rosenbaum, that this matter be continued to the June 18 meeting. The motion passed or the following vote: AYES: Clark, Comstock, Henderson, Rosenbaum, Seman NOES: ieahrs, J3erwald, Norton Extension of P -C District Development Schedule r e t omen er 57 Araatra ero Rea ANION: Councilwoman Semen introduced the following resolution and moved, seconded by Henderson, that Council approve the request of Ehrlich, Heft b Rominger, for an extension of the P -C District De- velopment Schedule applying to 574 Arastradero Road, and revision of Ordinance 2656, Section 4, Subsection "a" to read "Start of construction on or before July 5, 1974." RESOLUTION NO. 4767 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AXENDINC ORWITANCE NO. 2656 TO EXTEND THE DEVELOPMENT SCHEDULE FOR THE P -C DISTRICT AT 574 ARASTRADERO ROAD" The resolution was adopted on a unanimous vote. _Final Subdivision -• J. L. Eichler Associates Tract_No. 5371, Los Arboles Addition No. Essterl corner of Middlefield Road and Loma Verde Avenue �Qj a Councilwoman Semen moved, seconded by Beahra, that Council approve the application of J. L. Eichler Associates for a final subdivision map of Tract No. 3371, Los Arboles Addition No. 2 (30 2 425 6/ 173 /1 lots) for property at the easterly corner of Middlefield Road and Loma Verde Avenue; and finds that the project will have no signifi- cant environmental impact. The motion passed on the following vote: AYES: Beahrs, Berwald, Clark, Comstock, Norton, Pearson, Semen NOES: Henderson, Rosenbaum Tentative Condominium Subdivision Map 1Fla Lam om� an� -- arinCo:��%Avenue M9TION: Councilwoman Seman moved, seconded by Berwald, that Coun- cil approve the application of Alpha Land Company for a tentative condominium subdivision map (140 units) for property located at 777 San Antonio Avenue, subject to conditions recorded in the Planning Commission minutes of May 30, 1973. The notion passed on a unanimous vote. PG&E Easement for Underground Gas Line Fur uses East si e o maysoreg `ree v between lido a Creek an r i . rai'Lls into C`re�K mad 4 ®.�ai.m...c ass sn �e Assistant City Manager Warren Deverel commented that at the time Council originally considered this recommendation there was a ques- ton raised which was not covered at the Planning Commission level nor in report. It was a question raised by Councilman Beahrs re- garding $25,000 and it:, applicability or fairness to both the city and PG6E. He explained that the $25,000 consists of three elements. One, it represents 30% of the fee value of $1>00 an acre for that property abutting the frontage road. 25% to 3O% is a rough rule of thumb used by appraisers and property agents for uses of this kind. The second element consists of 15% of the fee value of $2.00 an acre for that portion of the property in the Baylands Athletic Center. The 15Z is appropriate since the land is already encum- bered by an easement provided for the overhead transmission lines. The third element consists of granting of a construction easement. This provides for sic months of interest of 7% on the fee value of property. Six months represents the expected construction time and fl the going interest value of money. The sum of these comes up to approximately $25,000. Mayor Comstock referred to the trap shown with the easement request. He said he looked at the area and there is a fair amount of paved and filled dirt beyond the curb of the street already. He aske+i how much beyond that would curb and fill be added. Generally, most of the shoulder in the area is between the Service Center and Adobe Creek. Planning Director Knox responded that it would be 25 feet from the right of way, 8 feet easterly to the curb, and 25 feet east of that, for a total of 33 feet east of the curb. Mayor Comstock asked how much is filled now and Mr. Deverel said that the amounts vary. What is already filled will be restored to 426 6/301173 !f pressed level; what is not filled now will be built out to that level to provide for parking. Councilman Beahrs stated that he still had some concern about the public safety exposures involved here. These are extremely high pressure lines running quite close to the Athletic Center. The probability is remote but it only takes once. He would like to be reassured that in Mr. Deverel's opinion, the public safety hazard is absolutely minimal. Alternatively, he asked if there is any possibility of routing this off in some way to give good clearance to this area. (Councilwoman Pearson arrived at 8:55 p.m.) Mr. Deverel responded that the first question relates to engineer- ing standards. The design and construction are closely regulated by standards set forth by the Federal Power Commission and Natit,nal Gas Line Safety .pct. There is a safety factor built into the pipe itself. This provides considerable strength to counteract any off- setting or pressure provided by moving soils. The other safety is provided by extensive valving which permits the flow of gas to be cut off. The. a seems to be no ideal routing. The present line is routed very close to some residential areas. All things considered, staff thinks that the location is as safe as can he found. MOTION: Councilman Henderson moved, seconded by Berwald, that Council grant the PG&E easement for underground gas line purposes in three segments alon3 the east side of Bayshore Freeway between Adobe Creek and San Francisquito Creek subject to conditions re- corded in the Planning Commission minutes of May 30, 1973. The kation passed on a ufarit►S vote. Citizens Adviso Committee on Cable. Te ev s on . eport Mr. Thomas Passell, Chairman of the Citizens Advisory Committee on Cable Television, thanked Council for the staff support which was made available in accomplishing this 18 -month report, during 160 meeting hours with an average attendance of seven committee members. He thanked the committee members for their help. He also thanked Clay Brown for his excellent and timely help. Mr. Passel' reviewed the report and the basic summary of cost of the system. Mr. Passell summarized the committee's recommendations as follows: (1) Palo Alto should move deliberately but carefully toward implementing a cable TV system; (2) Three detailed studies should be performed and evaluated before the actual decision is made to begin building the system: (a) detailed engineering design and its cost; (b) a financial consultant's report for developing a de- tailed financial. plat; (c) a cost and suitability analysis of programming available for local origination. (3) The system should be included among Palo Alto's highly successful municipal utilities, continuing a tradition that dates back to 1894 in Palo Alto. 427 6/A0/73 (1 (4) The system should be operated to pay its own way but that it should expand its services or reduce the sub- scriber's fees before returning revenue to the city for other uses. Steve Young, 325 College Avenue, a member of the CATV citizens com- mittee, stated that City Manager George Sipel was indeed fortunate to have an administrative assistant like Clay Brawn. He said that Mr. Brown could not be commended enough for the work he had done for the eam ittee. Mr. Young transmitted to Council a minority report and a critique of the committee's recommendations and made some rather lengthy comments in addition to the minority report which he said would be made available for distribution to Council. Councilman Henderson cos eated that one of the priority recommen- dations of the committee is that finance engineering design and programming studies be made in 1974. The 1973-74 budget comes to Council in a week and would not include any provisions for Cable TV at that time. He asked if the committee had any cost estimates and Mr. Passell responded that the feeling is that it would be in the range of a few tens of thousands of dollars. MOTION: Councilman Henderson moved, seconded by Berwald, that Council refer the report of the Citizers Advisory Committee on Cable Television to the Finance and Public Works Cnm=ittee. Councilman Beahrs remarked that he was quite alarmed 'ay some of Mr. Young's observations and he hoped that his remarks could be made available verbatim. Councilman Berwaid said that be would like for the motion to in- clude the forwarding of the minority and majority reports. He thanked the committee for the tremendous volute of work it had done and he also thanked Mr. Young for his comments and Mr. Hudson for the letter that was attached. He recalled that originally the idea was to install community antenna TV. It was a simple utter at that time aimed at providing better reception to television users in the community,to utilize and make more economically viable the undergrounding program to improve the aesthetics and remove a lot of antennas from the top of houses and apartment buildings to improve essential communication, particularly emer- gency communication, and to provide for telemetry and all of the other programming and automative type of communication that would improve both emergency service, utility services and other services. Finally, it was thought that it would improve the cultural types of things to add another dimension to already existing community services. The report from the committee has gone far beyond that. In some cases he was pleased znd in acme cases apprehensive about the ideas, particular:.y the fact of municipal ownership of pro- gramming. As Council moves along in this, it had better make sure that the community is in favor of it, both from the financial standpoint of the tremendous initial cost that would be involved and the ideology of community ownership and control and the idea of management. He said that he would certainly agree that this was potentially one of the greatest blessings and one of the greatest political entanglements this Council could become involved in. He felt Council should proceed with cautioa and show the coot- mittee its appreciation of their months of work by studying the report thoroughly before coming to any conclusions. The motion passed on unanimous vote. 4 2 8 6/111/73 al (Council recessed from 9:28 to 9:45 p.m.) (Councilman Clark did not return to the Chambers at this time.) Youth Adviso,rr�y► Council - Stands on public Issui�es Councilman Henderson introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4768 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALIO MAKING CERTAIN CHANGES IN TEE DUTIES, POWERS, ORGANIZATION AND PROCEDURES OF THE YOUTH ADVISORY COUNCIL AND REPEALING RESOLUTION NO. 4635" The resolution was adopted on the following vote: AYES: Beaters, Comstock, Henderson, Norton, Pearson, Rosenbaum, Seman NOES: None ABSTAIN: Be rwa ld (Councilman Clark ret' rn=d to Council Clambers at this time.) Resolution Commending and Co,�:e-�orati n .'Set �' �, _ . �. - EL '�Zfl on its Ani1f_`.ei�sary MOTION; Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4769 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING AND COMMEMORATING SUNSET MAGAZINE ON ITS 75TH ANNIVERSARY" Councilman Henderson commented that having once been employed by Sunset and recalling that Sunset_ employees are residents of Palo Alto in large numbers and :many are active in Palo Alto community affairs, he was pleased to support this resolution. The resolution was adopted on unanimous vote. Arastradero Road improvements (CMR:730:3) e. Councilwoman Pearson referred to the time element ;n the proposed three steps of the City Manager's report and asked if these steps would be completed in time for the 1974 right to ask Stanford to participate. Mr. Deverel respon(ed that it was staff's intent to meet the dates in order t.o clear the terminal date with Stanford of 1974. Staff expects to be finished with the project end come back to Council within six months. Councilwoman Pearson said that it was 'her understanding that when Arastradero Road was resurfaced and Freeway 280 was installed, a promise was made to Los Altos Hills that a bicycle trail would be put in. She asked if staff could go back to the County and Ask them to keep this promise. 4 2 9 6I 173 !e .r 2 1 City Manager Sipel responded that he vaguely remembered that and that staff would follow through to remind the County and Los Altos Hills. He said that staff would check it out and report back. Vico Mayor Norton commented that it was his understanding that the land had .een dedicated to the full 65 -foot width in Palo Alto and all that was being discussed here was improvements to the right of way. What is at stake is the possible loss of the right of the city to require improvements. Mr. Deverel affirmed Vice Mayor Norton's understanding. Councilman Henderson referred to item 2 under Conclusions in the report regarding resurfacing that will be required in the near future and asked if that was included in the Stanford contract. Mr. Deverel responded that es far as staff can tell, it is not in- cluded in the agreement with Stanford but staff will be reading the fine print carefully to determine if that can be placed on them. MOTION: Councilwoman Pearson moved, seconded by Comstock, that Council approve the three steps as proposed in CMR:730:3 as follows: (1) establish a recommended schedule date for the im- provements to Ara$tredero Road between Foothill. Expressway and the western city limits. This will be done with an assess:rent of priorities in other parts of the city and budget constraints. (2) Develop plans for trails and paths along the northern portion of the right of way starting at Foothill Expressway evd intercept- ing with Deer Creek Road, with the possible connection to a similar system from the Town of Los Altos Hills and/or Santa Clara County where Arastradero Road leaves the city .limits. (3) Negotiate an agreement with Stanford University for then to fulfill their con- tractual agreement for these improvements (bicycle, hiking and equestrian paths) along Arastradero Road between Hillview and the city limits at the proper time. The motion passed on unanimous vote. En ineerin Services for Crept` z irovements (CMR:754:3) MOTION: Councilman Clark moved, seconded by Norton, that. the Mayor be authorized to execute the agreement with Kirker, Chapman and Associates in the amount of $14,000. Councilwoman Pearson commented that if the city was going to redo the base of Alma from California Avenue south and resurface the whole street, this would be an opportune time to reline and allow a bicycle lane to be put on the street. She felt that the bicycle route on the sidewalk is awkward and now would be a good time to get it on the street. Mr. Deverel responded that it is entirely appropriate for the city to review the design of that street and that staff would do that. Vice Mayor Norton commented that it had always been his impression that an alternative for bicycle use along Alma might be created by a path in conjunction with an agreement with the railroad on the westerly side of A1ra Street. He said he knew it was fraught with 4 3 0 6/34/73 11 problems but it seemed to offer a possibility that should be studied. He suggested perhaps the study should be broadened to include this possibility. He was assuming that it was feasible and that getting the railroad's concurrence on a temporary basis might not be as difficult as one would assume. ANENDMEN : Vice Mayor Norton moved, seconded by Pearson, that the motion be amended to include a study of the alternative regarding bicycle lanes on Alma Street and investigation and conversations with Southern Pacific Railroad for a reasonable width of pathway to be improved by the city for bicycle path purposes, and a report by the staff and/or the consultant as to the engineering feasibility of this solution to the bike problem. Councilman Beahrs recalled that Councilwoman Sernan advanced this idea many months ago acid at that time Council expressed a high de- gree of skepticism. He did not believe the railroad would be enthu- siastic -because of the hazards to itself, let alone bicyclists and also he felt that they were talking about $200,000. He hoped that another alternative might be extended to the use of sidewalks, as on Middlefield. Councilwoman Setnan commented that she did not feel the amendment was necessary because the motion was trade several months ago to in- vestigate this possibility at the tine the bicycle lanes were put '.n. Councilman Berwald reminded Council that recently he represented the Mayor in a discussion with the California League of Cities and SP representatives on the subject of statewide beautification of railroad right of ways. Those talks are continuing. One of Coun- cilman Berwald's concerns is the aesthetics along the railroad right of way. He felt that along with the paths a good deal of thought should be given to the beautification of Alma, particularly on the railroad side. The amendment passed on unanimous vote, Councilman Henderson questioned the costs detailed in the staff re- port. Mr. Deverel said that the 819,000 covers the design effort. In addition to that, there will be work to be performed by the city forces and engineering work with the contractor and a contingency allowance. Councilman Henderson asked how much more the city is paying by going through an outside contractor than if the city engineers did the work. Mr. Deverel said that it was roughly three times as much. Councilman Henderson then asked the reason for going to an outside contractor and Mr. Deverel stated that the eight people assigned to the public works engineering have only about 20% to 25% of their time avail- able for project work and this seems like one of. the most practical projects to assign to consultants since it uses gas tax funds instead of capital improvements funds. The alternative is to have :he work done in-house and postpone other projects quite significantly. The motion as amended passed on a unanimous vote. Alcoholic Beverage License - Ar-dee Mini Deli MOTION: Mayor Comstock moved, seconded by Berwald! that the report be filed. The motion passed on unanimous vote. b 3 1 6/W/73 i/ Park Walkway Improvements: Report on- Bids ' (CMR:758:3) Councilwomen Pearson commented that she had some concern that by asphalting all of the pathways in Rinconada and Eleanor Pardee Parks, some of the qualities contributing to a nice looking park would be lost. She wondered if perhaps something could be done about the problem of puddles on the sidewalks created when the sprinkler system is in Use in the summer and wondered if the as- phalt is going to be plain street asphalt or if something could be done about it to make 3.t more aesthetic. Mr. Deverel gave a commentary and slide presentation showing ex- isting paths of redrock and its disadvantages and showing asphalt which takes on a greyish color, is easier to maintain the edge along the lawn and permits use of the parks earlier after `3 rain. Staff feels that from a maintenance and overall utilization stand- point and from a safety standpoint asphalt is the best alternative. Councilman Henderson commented that he was disappointed to see that the project was being stopped in midstream and the paths in Eleanor Pardee Park would not be finished. He asked if staff could do the header board work and then the paths could be com- pleted in both parks. Mr. Deverel responded that the difficulty is budgetary restraints on the time staff has available and the need to coordinate closely with the contractor on when he needs header board work. The purpose of this type of bidding is to make sure that there are not large variances from what is budgeted. Staff feels this represents the best utilization of capital re- sources available for this type of project. Councilman Henderson noted that the project would only be 525 aq. feet short of completion and Mr. Deverel said that they would have to back away from the square footage installed in order to provide the header board,but they will be able to do a good bit of the square footage in Eleanor Pardee Park. Councilman Henderson still felt that it would be better to finish the park now rather than come back next year when it would cost more. Mr. Deverel noted that this is an ongoing program. There are a number of items to complete. This represents a level of effort rather than specific projects. Councilwoman Pearson said that she would like to continue on Coun- cilman Henderson's question. She asked if her understanding was correct that Eleanor Pardee paths would be completed with the ex- ception of about 500 sq., feet. Mr. Deverel responded that approxi- mately 580 sq. feet will not be completed according to this docu- ment. There is a provision in the contract for a slight amount of overrun. There is enough flexibility in this contract that might allow for completing the work but as part of the bidding process and in order to achieve the full level of effort approved by the Council, staff chose this method of bidding. If there is sufficient money, staff may be able to get a slight extension of the contract to complete the work. Councilman Berwald stated that despite all of the fine arguments, he liked the dirt paths and would not like the idea of paving and making impervious all that surface. From a safety standpoint, when a person falls on the dirt, at least he slides a little bit. Appearancewise it is fine the way it is. It may cause more main- tenance problems but he was still going to vote against paving. 4 3 2 6/6/73 t1 MOTION_ Mayor Comstock moved, seconded by Henderson, that Council finds that this project has no significant environmental impact and the Mayor be authorized to execute contract with the O'Grady Paving Company in the amount of $19,989.75 for the completion of the pathway improvement work &t Rinconada, and Eleanor Pardee Parks. The mutioa passed on the following }ote: AYES: Beahrs, Clark, Comstock, Henderson, Norton, Rosenbaum, Seman NOES: berwald, Pearson Santa Clara County Sports Arena Councilman Rosenbaum stated that sometime ago he sent Council mem- bers copies of an article from Fortune regarding the woes of a number of cities with regard to stadia and arenas and suggested that Council keep a careful look at the proposed arena in Santa Clara County. What has happened recently is that the Santa Clara County arena had financial trouble because of SB 90 since the vote in 1972 on the arena did not constitute the required vote to increase taxes. The only way it can be financed is to reduce expenditures se-ewher.e else. The Board of Supervisors is already having budgetary troubles. Councilman Rosenbaum said he considers the benefits of the sports arena to be dubious and doesn't think that the Board of Supervisors should be encouraged to find a way to finance it; however, the Board feels it has a public mandate to proceed. Councilman Rosenbaum feels that the Board of Supervisors should reconsider and resubmit the matter to the public with the financial implica- tions made very clear. With the prospect of 7t on the property tax, voters ray reconsider. MOTION: Councilman Rosenbaum moved, seconded by Henderson, that a resolution be prepared urging the Board of Supervisors to reexamine their p sition on the arena and proposing that the issue be resub- mitted to the voters in the form of a general obligation bond so that the public will have a better understanding of the financial implication of the arena proposal. Vice Mayor Norton stated that he did not see anything significantly new since the November 7, 1972 election to cause the Council to retake its position. He thought Council had made itself known in various ways on this issue. The,so-called arguments that are now being raised, to hire are not new. He felt that if the people in the county were willing to buy a pig in a poke, there was no reason for him to argue it should not be built. He said that he would abstain. Councilman Henderson commented that speaking as a sports fan, he found arenas like this are terrific boondoggles. Sports promoters are becoming rich all over the country because they get the public to build their arenas aad then they make money off their teams, concessions and parking. They charge prices so high that even the middle income families cannot attend the events and the taxpayers build the arenas and then have to pat, exorbitant prices to enjoy the attraction. Unfortunately the taxpayers are never informed fully about these projects and costs always go far f,eyond esti- mates. He thought the points made in Councilman Rosenbaum's memo- randum were valid and he would support the motion wholeheartedly. 4 3 3 6/31/73 I/ J7 i. Councilman Beahrs stated that the fiscal picture in the county had changed dramatically since 'his public vote was held. He thought that in oiew of the financial unknowns a second vote is clearly indicated. He said although he enjoys sports, he is reluctant to facilitate enlargement of professional sports because he is a strong supporter of collegiate sports and is fed up with the destruction of collegiate competition. Joe Pickering, 3931 Grove Avenue, supported the proposed resolution. Councilman Rosenbaum commented that he was not aware that Council had ever expressed itself one way or the other on this arena. He thought one reason to bring it up now is that it has recently come before the Board of Supervisors and it is appropriate to give them the benefit of Council's thoughts. He thought the confusion with regard to financing :.as illustrated by Vice Mayor Norton's comment. Two dollars a person per year was quoted during the election. As far as repaying the bends was concerned, it was understood that was going to cope from the property tax. Regarding lease -back financing, the ballot argument said that this arena will be financed by lease- back financing arrangement or any other method the Board of Super- visors finds suitable. For the benefit of staff who would be draw- ing up the resolution, he thought the e pha:is should be with regard to the fictencial proble-.s the County is facing and the questionable nature of the arena and whether County funds which are in short supply should be used for this. The notion passed on the following vote: AYES: 3eahrs, Berwald, Clark, Comstock, Henderson, Pearson, Rosenbaum:, =eman None Abstain: Norton Possible Consolidation of School Board a.r. energy. ndiace a ections Councilman Seahrs stated that he placed this on the agenda following the brief staff report and citizen letter received a week ago. The League of Women Voters has come forward with the idea of doing a study and he commends them for this and thinks that they have done fabulously thorough jobs on this kind of undertaking in the past. He said he hoped they would rake a study but he had great reserva- tions about formally commiissicning an organized group to make this kind of effort for the city. He did not feel this was good policy although he readily conceded that the League does an excellent job. He urged the League to pursue its idea and said that he judged there would be informal liaison between the League and staff. He asked the City Attorney to comment about the possi'vilities from the stand- point of staff. City Attorney Stone responded that he thought that kind of assign- ment could be completed prior to the time required for an election in 1974. He said that Mr. Sipel has spoken to the League of omen Voters concerning a cooperative effort in terms of exchange of infor- mation. The City Clerk's office would have to be involved because of the probable necessary revision of state law regarding school board elections, notwithstanding the fact there is an article in 4 3 4 6/b0/73 11 the Palo Alto City Charter regarding school board elections. There may be some inherent conflict as it now stands between the charter and the election code. Mrs. Helene Wheeler, president elect of the League of Women Voters, said that at their annual convention last May, the League voted to make a study of this question, including the possibility of having school board elections every two years. The League is committed to do that study sometime during this next year. She was hoping to cooperate with the city in the fashion in which they cooperated last year when the question of electing councilmen by numbered seats carne up. Instead of having staff do research alongside the League doing the same research, she hoped that they could venture forth with Council approval and submit a comprehensive thorough objective research report, which Council would then re- fer to the proper committee and which staff could critique and then let Mr. Stone draw up any appropriate charter changes, City Manager Sigel responded to Councilman Beahrs' concerns that he thought it would be a good use of general community resources to have the League do some research and when it is completed staff could pick it up and do and additional research it felt was neces- sary and draw its own conclusions. He felt it right be a good approach to the proble,. Councilman Beahrs said he thought this could be handled informally to the extent that Council would not be ce:n ssioning the League effort. lie still did not believe that it would be appropriate or wise for Council to fortally coamission the League to do any study. If staff thinks it can be handled inforraily, he said he would not lake any motion and let it ride on that basis. Mayor Cot_stock suggested that in order to give scc'e staff commitment he thought it would be in order to make a c.ini al motion to assign staff to review the subjects mentioned. MQTIO. : Councilman Beahrs moved, seeondred by Pearson, that staff be requested to explore with the League of Women Voters the possibility of collaborating with the staff in early studies necessary for Coun- cil consideration of proposing consolidation of all municipal elec- tions in one election and results to be referred to the Policy and Procedures Committee. Joseph Carleton, 2350 Ross Road, addressed Council in support of a combined election, Councilwoman Seman spoke: in opposition to the motion and said she thought it would be appropriate to table the motion pending the con- clusion of the League study and at that time staff analysis could be wade tc determine if the Council wishes additional study. MOTION TO TABLE. Councilwoman Se.man moved, seconded by Norton, to table the motion. The motion to table failed on the following vote AYES: Clark, Norton, Rosenbaum, Sewan NOES: Beaters, Berwald, Comstock, Henderson, Pearson 4 3 5 6/'JIB/73 Councilman Berwald commented that if Councilwoman Seman would make the motion to table after all of the Council members spoke, he would vote for it. He said he also agreed with Councilwoman Semen that this is not an appropriate action. In the absence of the request from the League or Council, he believed it would be highly undesirable for the staff to explore this at this time, for the following reasons: one, there does exist a conflict between the election code and the charter and he would favor new legislation which would further es- tablish the independence of California schools from any municipal control or influence. Two, there is much historical evidence that the trend is away from consolidated city/school board elections toward separate elections and he thought that was good. Three, it is possible that consolidation might jeopardize the clear delineation of both school and city issues. Four, he believed that consolidation of elections to the school board and the city council would jeopar- dize the continuity of educational policy and cause grey+ter dis- ruption. He thought that probably the most important point is to keep the clear delineation that exists in this city between the issues of the city and the school board. He thought the League should go ahead with the study independently but he was opposed to Council taking any kind of position pending receipt of findings of the League. Councilman Rosenbaum agreed and .5 aid that there are great many separations and he thought there were reasons for this, There are only a certain number of people who have a certain ar.our.t of energy to devote to the issues. With too many issues in one election, it becomes very difficult to get the word out to the people. He said he would like to see the League study be, but at the moment he was not sure that is the proper road to ta`'e. Councilwoman Pearson stated that the League is going to do the study anyway. This question comes up everytime there is an elec- tion and she felt it was time to study the r=atter. There is al- ready possible conflict in the charter that should be resolved. She doubted whether anyr e in the Policy and Procedures Committee was going to bring up this item until the League does its study. Councilman Beahrs responded to Councilman Berwaldea comments, and said he vas totally in opposition. He thought from what he observed that the philosophy and politics of schools and municipal affairs are increasingly interrelated and where it might be desirable to have them separated, as a practical matter this is not the case. There is so much inclination to disregard the other man's problems that Council has endeavored to have liaison committees perform: He thought it was time that there was total community interest in the philosophy and politics of the total community. Councilwoman Sewn commented that without any resource material be- fore it, Council is discuasing the merits and demerits. Her motion to table was in regard to duplication of effoe't. She would like to have a way to ensure that nothing is done by staff until the League study comes in. Mayor Comstock stated that he did not think that the motion advised staff to do any of this work in advance of the League study. The motion did not set any time period and as a matter of fact, included some reference and suggestions that there be collaborative effort between staff and the League and that results be referred to the Policy and Procedures Committee. He thought that the question of timing was one that would ultimately be controlled by the chairman of the Policy and Procedures Committee and the City Manager. The intent of the motion was to give an assignment to staff. He op- posed he tabling motion because he felt it would have the effect of increasing the time that was spent on the subject simply be- cause it seemed to indicate there was not going to be any response or direction by Council until the League had finished its study, then if Council were interested in taking up the subject, it would add a great deal of time to the process. He thought that Council- man Beahrs` motion had enough general features to it that it would set a process going which would produce answers. .MOTION TO TABLE: Councilman Berwald moved, seconded by Semen, to taa1e the motion. The motion to table passed on the following vote: AYES: Berwald, Clark, Norton, Rosenbaum, Seman NOES: Beahrs, Comstock, Henderson, Pearson Council Support for Senate Bill 148 all -afr _ goiisin and Cbmf-unicy iieve o �c�ient -nc "Act Councilman Henderson commented that he placed this item on the agenda at the re=quest of the Palo Alto Housing Corporation. This bill, SB 148, has cleared one committee and is now on the floor of the Senate. Council has received a copy of Mr. Grigoni's memo which covers this bill and .also raises a number of doubts and includes recommendations for change. Councilman Henderson thought that the bill seemed to be a start in providing state funding for housing and he thought Coun6.1 should support i t as is rather than taking the chance of weakening it by making amendments. He noted that another - bill, AB 352, having to do with funds for rehabilitation, will be on the agenda next week. MOTION: Councilman Henderson moved, seconded by Pearson, that the Mayor be authorized to write a letter expressing Council support for SB 148, the California Housing and Community Development Agency Act. Louis L. Knowles, Blackwelder 6G, Stanford, representing the Lands for People organization, addressed Council in support of SB l48. Councilwoman Seman referred to page 2 of the staff report where de- tails of the bill are spelled out and asked if single-family housing includes condominiums; also she tsised a question regarding the per- centages which would be offered for sale under the subsidized program and said that that was the flaw in the bill. City Manager Sipe/ responded t; 'mere are a number of flaws in the bill but the most essential th ng is to try to get something through that is acceptable to both houses of she legislature and the governor and then begin to improve the legislation that is on the books. He thought the essential thing was to try to get the framework passed and work with it. 4 3 7 ' 6/28773 !; 4 Councilman Beahrs felt that this would be a new foundation under inflated residential property values and would facilitate an addi- tional organization in this state which there has been too much of and he said for that reason he opposed it. The motion passed on the following vote: AYES: Comstock, Henderson, Norton, Pearson, Rcsenbaum, Semen NOES: Beahrs ABSTAIN: Berwald, Clark Senate Bill 977 - Comprehensive u .v s on Act "evila n MOTION: Mayor Comstock Moved, seconded by Pearson, that staff be directed to assist the Mayor in preparing a letter in support of SB 977. The motion passed on unan.mous vote. Coy laint re Use of insecticide for •S' ra°•n f tea ate.r o an ap d So Councilwoman Pearsor raised an item of new business and stated that she had received a phone call from a resident in the Crescent Park a -ea who said she had been called by the city staff to receive per- mission to spray an area with ms.Iathion for aphids, She had under- stood that the City of Palo Alto was using water -and soap and she objected strongly to the use of that kind of insecticide and wondered why. after Council was advised the city was using water and soap, they are now finding out that malathion is being used. Mr. Deverel replied the: he had reviewed this matter with Mr. Haug, the Park Superintendent, who advised himthat in a few places through- out the city there has been a particularly strong infestation of aphid. In each of the areas, attempts have been made to use either direct water or water and scraps and this has proved insufficient. The city staff has notified the residents in the area that they are are about to use one of the biocides which has a low toxicity that was referred to in the staff report and when the city plans to use this. Staff feels this action is essential in order to preserve the trees. He said that. if Council would go back over the report, they would find that stuff did not indicate it would never use biocides but that they would use them only on a selective and controlled baet Councilwoman Pearson said she could not argue whether or not the city might lose the trees but if aphids ate consistently sprayed with water and soap solution, she thought they could be eradicated. Mr. Deverel agreed this treatment has worked in all but a relatively few instances in the city. He said that he would be glad to take Councilwoman Pearson to look at the area under discussion if ahe cared to go, Councilwoman Pearson said that she would like to see the spraying postponed until she could see the trees and find out whether or not this is the final solution. Possible Consolidation of School. Board a . At7 CreneraI T'(uniCipa eC on.e Councilman Clark referred back to the item on the agenda regarding possible consolidation of school board and general municipal elec- tions and said that he had had his light on to speak when the motion to table was made. He wanted particularly to say that Council was not "turning off" the League of Women Voters and he hoped that staff would work with the League and that the League would pursue its study. Oral Communications 1. Frank Manfredi, 219 Addison, addressed Council regarding contrib'itions to political campaigns in elections and cor- ruption in the United States generally at this time. 2. Valerie Good, 239 Cowper, addressed Council concerning people on welfare who cannot afford to buy things at second hand stores and the need to open a distribution center where these people can receive goods free of charge. Executive Session Council adjourned to an executive session on personnel matters from 11;15 p.m. to 12:08 a.m. Ad�ourament The meeting adjourned at 12:08 a.m. APPROVE? ATTEST: 439 6/101/73 fi