HomeMy WebLinkAbout07021973CITY
COUNCIL
MINUTES
e
July 2, 1973
mourned Msetin of June 25 1973
The City Council of the City of Palo Alto met on this date at 7:30 p.rri.
in an adjourned meeting of June 25, 1973, with Mayor Comstock
presiding.
Present: Beahrs, Berwald, Clay, Comstock, Henderson, Norton,
Pearson, Rosenbaum, Sher
Absent: None
Mayor Comstock extended a special welcome to Roy Clay and :3yon
Sher who were commencing their City Council careers. He welcomed
them to the first meeting and wished them good luck.
Traffic Lane Markers: Phase B. Proiect No. 72-55A
:1R: .: 3
Councilman Resenbau ; stated that he questioned the advisability
of putting six thousand one -inch bumps on the street. It is clear
that the purpose is to avoid the hazard of lanes .iisappearinq
at night when it rains. There should be a way to do this without
introducing another hazard in its place. The obvious way is to
have lower profile reflective markers. They are not available
as a standard item. He was confident that they could be made
to the city's specifications. It would cost more money,but he
did not feel there was much choice.
Councilman Reahrs asked if any experimental work has been done.
Markers are easily seen and in a line. He asked the effects of
riding over these.
Assistant City Manager Charles Walker stated that before Mr. Noquchi
responded to the question, he would like to address himself to
some of Councilman Rosenbaum's comments. Staff is aware of the
hazards Councilman Rosenbaum mentioned and is taking steps to
enhance the use of markers without creating A hazard. The markers
will be placed at forty -foot centers, Also, they will be put
to the traffic lane side of the bicycle lane so that a bicycle
rider would have to leave the lane before he hit one. There are
certain problems in seeking alternative markers. None are available
to meet state standards. One would have to be custom made and
would probably cause a delay past the next rainy season. A custom
made marker would probably cost from five to six tiffs more than
the standard aarker. The effectiveness would be open to c estion.
Staff is not sure that the state told find it acceptable. Staff's
recommerdation to place the marker is based on the awareness of
the problems he mentioned and also concern about the hazard that
would exist without the marker.
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Mr. Noguchi responded that he attempted to ride over these markers.
There is no question but that Councilman Rosenbaum its correct
that they do cause loss of control when hit at a certain angle.
in the overall context he believed the markers provide very definite
advantage an a trade-off basis in that they provide delineation
necessary to highlight the lanes. These markers do provide an
additional indication to the motorist when he is encroaching on
the bike lane. That, plus the visibility issue, is important.
Councilman Boahrs asked if staff had considered not implementing
the entire program at once, but conaiderel the use of reflective
markers in a restricted area in order to (rain experience.
Mr. Noguchi responded that they had not looked at it from that
viewpoint, because the bike lanes are looked at as a system, and
the hazard is on the entire system when you have rainy weather.
He noted that the chairman of the Technical Advisory Committee
was present to am questions if Council wished, and Councilwoman
Pearson asked how the bikers feel about the markers.
Mr. Duane Ha1i esy, 1246 Emerson, chairman of the Technical :dve.sory
Comei.ttee, said that he agreed that if you hit the markers at
the wrong angle and if you are going thirty miles per hour, you
could go out of control, but he thought that the trade-off for
the visibility in the wintertir'e, especially when it is wet, would
rake up for this added hazed. The bicyclists would like to ask
that these markers not be placed near intersections where movements
might be made to avoid traffic or where a bicycle lane cues down
off the sidewalk.
Councilman Henderson said that in talking with bicyclists, he
had found that they felt the offset: was positive in terms of cars
being warned when they are going into the bicycle lane. He asked
if there had been any experience of accidents of this type,
Mr. Hallesy replied that there had been none in Palo Alto. He said
that he was aware of accidents happening in the country where
people are pro ably riding too fast for conditions. If the markers
are hit at that speed, they can cause accidents.
Councilman Rosenbaum said that there was no Objection to putting
a marker down. He was just suggesting that the city should be
putting in a smaller marker. If someone is riding in the bike
lane, and there is a car parked, and they turn out to go around
the car, bicyclists will hit the markers. He only asked that
the city get a smaller marker.
MOTION: Councilman Rosenbaum revved, seconded by Norton, that
the bid be rejected and that staff be authorized to seek new bide
on items 1, 2 and 3 of this proposed contract.
Councilman Sher noted that the bid was for the bicycle lanes and
traffic lanes and wondered if the effect of the motion wpuld be
to reject the bid on both aspects.
'!r. Noguchi said that staff would like to be able to explore whether
they can accept items 1, 2, and 3 from the contractor and go ahead
and accept that portion of the bid. The effect would be to reject
item 4.
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Mr. Noguchi responded that he attempted to ride over these markers.
There is no question but that Councilman Rosenbaum is correct
that they do cause loss of control when hit at a certain angle.
In the overall context he believed the markers provide very definite
advantage on a trade-off basis in that they provide delineation
necessary to highlight the lanes. These markers do provide an
additional indication to the motorist when he is encroaching on
the bike lane. That, plus the visibility issue, is ittpor_tant.
Councils Beahrs asked if staff had considered not implementing
the entire program, at once, but considered the use of reflective
markers in a restricted area in order to (ain experience.
Mr. Noguchi responded that they had not looked at it from that
viewpoint, because the bike lanes are looked at as a system, and
the hazard is on the entire system, when you have rainy weather.
He noted that the chairman of the Technical Advisory Committee
was present to answer questions if Council wished, and Councilenes e
Pearson asked how the bikers feel about the markers.
Mr. Duane Haliesy, 1246 Emerson, chairman of the Technical Advisory
Committee, said that he ag-eed that if you hit the markers at
the wrong angle and if you are going thirty miles per hour, you
could go cut of control, but he thought that the trade-off for
the visibility in the wintertime, especially when it is wet, would
:sake up for this added hazard. The bicyclists would like to ask
that these ma.rkQrs not be placed near intersections where movements
might be made to avoid traffic or where a bicycle lane comes down
off the sidewalk.
Councilman Henderson said that in talking with bicyclists, he
had found that they felt the offset was positive in terms of cars
being warned when they are going into the bicycle lane. He asked
if there had been any experience of accidents of this type.
M.r Hallesy replied that there had beer, none in Palo Alto. He said
that he was aware of accidents happening in the country where
people are probably riding too fast for conditions. If the markers
are hit at that speed, they can cause accidents.
Councilman Rosenbaum said that there was no objection to putting
a marker down. He was just suggesting that the city should be
petting in a smaller marker. If ac Bone is riding in the bike
lane, and there is a car parked, and they turn out to go around
the ca.r, bicyclists will hit the markers. He only asked that
the city get a smaller marker.
MOTION: Councilman Rosenbaum moved, seconded by Norton, that
the bid be rejected and that staff be authorized to seek new bids
on items 1, 2 and 3 of ;:his proposed contract.
Councilmen Sher noted thatthe bid was for the bicycle lanes and
traffic lanes and wondered if the effect of the motion would be
to reject the bid on both aspects.
Me. Noguchi said that staff would like to be able to explore whether
they ,:an accept its 1, 2, and 3 from the contractor and go ahead
and accep': that portion of the bid. The effect would be to reject
item 4.
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Councilwoman Pearson asked if the bids were rejected, and staff
were sent out to look for smaller markers, how soon could they
come back? Could they be installed by winter? Mr, Walker estimated
six to nine months.
The motion passed on the following vote:
Ayes: Beahra, Clay, Norton, Rosenbaum, Sher
Noels Ber;vald, Comstock, Henderson, Pearson
MOTION; Councilman Rosenbaum moved, seconded by Pearson, that
staff be directed to report on the feasibility and cost of installing
smaller markers.
Councilman Henderson asked that staff compare that cost with what
was in this bid.
Councilwoman Pearson asked a further question regarding the length
of time involved, and Mr. Walker said that the six to nine months
includes seeking out a supplier who would be willing to design
a m;;rker and perhaps go through some experimenting and would require
approval at state level. The markers would have to be saa.nufectured.
Then staff would seek approval from Council to purchase at that
rate. By then it would he six to nine months before t,4y could
be put into puce.
Councilman Clay asked without a statement of condition on size,
does it mean six to nine months additional would be required if
council does not like the size that is suggested.
Mayor Comstock responded that included in that time estimate was
a report back, decision on the size,aand then development with
Council approval..
Councilman Clay asked how long that would take, and Mr. Walker
said that he did not know. Six no nine months relates to the
entire process. A s alter marker will have to be flatter, and it
may be difficult to achieve the reflective quality that the standard
marker has.
The motion passed on the following votes
Ayes: Beahrs, Clay, Henderson, Norton, Pearson, Rosenbaum,
Sher
Noes: Bervald, Comstock
Ordinance l► uthorising.Flosin of 1972-73 Budget
,and EstibliA174 R sh e
MOTION Mayor Comstock introduced the following ordinance anal
moved, seconded by Norton, its approval:
ORDINANCE NO. 2724 ENTITLED "ORDINANCE OF THE COUNCIL C'? THE CITY
OF PALO ALTO AUTHORIZING CLOSING OF THE 1972-73 BUDGET AND
ESTAHLISHI IG OP RESETS"
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Councilman Henderson referred to the memorandum from the controller
and some of the items which the ordinance authorizes the controller
to carry out. Item b authorizes the controller to "set up reserves
in all funds to liquidate purchase orders and contracts which
may be outstanding on June 30, 1973." Councilman Henderson escaped
item like the Comprehensive General Plan where a consultant vas
hired and the entire amount was appropriated into last year's
budget. Very little of that was expended. As he underatards
it, when those funds are expended, that will appear in the 1973-
74 expenditure;, and the budget will have to be increased to cover
that. He asked if that is what happens on all the items that
are carried forward.
City Controller Mitchell responded that in toto encumbrances carried
forward last year front all departments was $113,000. He said
that Councilman Henderson was correct in describing the process
that is followed.
Couucilman Henderson referred to Item f "Establish reserves for
capital additions in those Utilities Funds as set forth in the
1973-74 budget as adopted and amended.' He asked how those reserves
are set up. Is this 1972-73 revenue that is held back so that
that amount is available in 1973-74, or does it build up in 19'3-
74?
Mr. Mitchell responded that all of the available funds of each
utility are transferred to the general fund. Also, as the Council
adopted the budget a couple of weeks ago, staff submitted a reauest
for reapprcpriation for some projects that had not been completed
as of June 30, and the effect of this reserve is to retain cash
in the Utilities Funds to support these reappropriations. The
cash is retained from this present year.
Councilman Henderson referred to Item h "Increase appropriations
for purchases of utilities if sales for the fiscal year exceed
budget estimates." He asked if the utilities sales are higher
than expected, then the cost of the utilities the city buys are
higher than what was budgeted, so that at the end of the year
inatead of showing this as a higher cost, the budget will be adjusted
upward to meet the actual cost.
Mr. Mitchell
the original
increase has
the bill has
said that is correct, but in his report he will show
budget plus the changes eo that Council can see what
been necessary. There really is ne choice, because
to be paid.
City Manager Sipel commented thet on this particular item, the
reason the estimate cannot be •erfect is that there are fluctuations
in consumption, If it is a cold year, the city utilizes more
gas than narmel. The city has to purchase that gas and then sell
it to customers which causes fluctuations over which there is
no control. The best alternative has seemed to be to make an adjustment
at the end of the year,
Councilman Henderson stated that his point is ihat in buei:aess
budgetsa are firmly established, and performance is based on how
well departments atay within their allocation. If the city budgets
are established, and if expenditures exceed then, the budget is
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7/2/73
adjusted to match expenditures. At the end of the year on the
financial report, he doubted if Council would see any departments
that are over 100%. That way everybody looks fine. We lose sight
of the feet that the original budget figures may be well exceeded
in individual departments. He hoped there would be a way that
Council can see what the original budgets were and how much departments
went over what Council approved in June. He wanted to inquire
about the item regarding Downtown Park North. These are apparently
balancea tat are being carried forth, and his understanding was that
that was eliminated.
Mr. Mitchell said that to all outside appearances, a project may
appear to be completed physically, but he still has invoices to
be finally cleared. Sometimes these extend months beyond completion
of the project. In this case, he will not be able to make the
final expenditures on many of the projects that in Council's minds
are completed. That is why it is necessary for these balances to
appear in order to be able to clear up the final hills that come
in.
Councilman Henderson referred to the page under Projects Completed
in 1972-73 and said this exhibit is supposedly being carried forward
to the next year. He assumed these balances would be thrown into
the reserve fund and not be carried forward.
Mr. Mitchell replied that these only indicate those projects which
have in fact been corpleted, and the remaining balances of unexpended
appropriations would be returned to the unexpended funds balance.
Councilman aerwald said that in view of the fact that Councilman
Henderson's discussion points up that the final budget may exceed
what Council passed, and the budget that was pxassed was n.6% over
last year he wanted to ask each Council meter to be cautious
as to the expenditure of public money so that perhaps in 1974-75
there would be a budget less than 12.6% in excess of the previous
year's budget. When there is a situation where people are being
asked to impose upon sellers price controls, Council should begin
tc impose on government tax control. It is very urgent that government
at all levels use restraint in approvira projects in the future.
He stated that personally he was going to be very cautious.
The ordinance was approved 6smomiliewps.weedime on a unanimous vote.
Univerei.t Avenue Districts-rCivic Center
Firairineet Par n --Pro ect Parcel Nos. 12? -49-23
Assistant City Manager Warren Deverel stated that at the previous
Meting on this matter, there was a protest by Ar. Fasani. Staff
has reviewed the circumstances surrounding these two parcels and
is prepared to recommend changes in both assessments. At 525+
Apes Street, the assessment had been based on there being available
for customers ten parking spaces that had previously been leased
in a nearby parking lot. These are no longer leased; therefore,
the property is not entitled to any coedit for them. Staff recommended
that the indicated Assessment of $262.96 be increased to $364.47
on parcel 122-49.24.
With respect to the f'assani Carpet establishment at 539 Alma Street,
Mr. Pasant was being charged on the basis of 400 square feet,
including a amesssanine. Staff has inspected the property and cteterrrined
that the measanine is not suitable commercial space and is therefore
recommending ending that the assessment on parcel 122-49.23 be reduced
from $390.49 to $366.99.
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7/2/73
MOTION: Councilwoman Pearson moved, seconded by Comstock, that
the assessment on parcel No. 122-49-24 be increased to $364.47
and that the assessment on parcel 122-49-23 be reduced to $366.99.
Councilman Sher asked if the ran whose assessment was going up
was aware of it, and Mr. Deverel responded that he was notified,
and staff received no protest.
The motion passed on a unanimous vote,
est Re Street Light Improvement Program
Councilman Rosenbaum commented that there are mercury vapor lights
in several sections of the city, and it is proposed that the entire
city be converted. He thought before that drastic step is taken,
the matter should be looked at further.
MOTION: Councilman Rosenbaum moved, seconded by Henderson, that
the street light improvement program be referred to the Finance
and Public Works Committee for review and that no further conversions
to mercury vapor lamps be made until and unless Council approval
is obtained,
Mx. Deverel cor ented that there are two projects currently underway.
One is in the Crescent-Edgewood District. More critically, there
is a contract currently being bid for the signal lights and new
street lights at University ?venue and El Casino Real. The contract
has already been put out for bid, and bids have been received.
If there is a moratorium on this project, it will create difficulties
with the contract. Furthermore, the location of this project
is distant from any residences. He requested that this project
be excluded from the moratorium. Also, staff would like to continue
with the underground circuitry without adding the mercury vapor
lamp.
MOTION AMENDED: Councilman Rosenbaum, with the approval of second,
amended the motion to exempt from any moratorium the lighting
at El Camino Real and University Avenue and also exempt the improve-
ments to the underground wiring system.
Councilman Beahre asked if it were true that the underground improvement
was directly related to the new fluorescent lightinc and is it
necessary to make improvements if the lighting is abandoned.
Mr. Deverel responded that it is necessary in any case, and this
circuitry is compatible.
Councilman Beahrs asked how much inventory is on hand and what
sacrifices would have to be made on salvage, and Mr. Deverel responded
that all the materials are on hand for the Crescent Park.Edgewood
project but that he suspected that they could be returned to the
manufacturer.
Councilman Clay asked after the exemptions have been made, what
percent of the project is left. How much of the project is represented
le the ee apt ion?
Mr. Deverel responded that it depends upon each project. For
the most fit, the underground circuitry would cost between 50-
751 of the total cost.
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7/2/73
Councilman Clay asked what response had been received from the
citizenry regarding the conversions that have been made, and Mr.
Deverel said that for the most part, staff had not sought after -
the -fact responses. The ones that they had received have been
mostly favorable. There has been some unfavorable comment regarding
mercury vapor.
Coencilwoman Pearson said that it was her understanding from the
Planning Commission that the statistics favored incandescent lamps.
Mercury vapor lamps are not very popular in residential areas.
Mr. Oeverel said that he thought that she was referring to a recent
survey in one area which dealt with a problem other than mercury
vapor versus incandescent lights.
Councilman Henderson commented that there appears to be a program
going over costing around $100,000 per year and scheduled to last See p. 054
another eight years. He understands that the wiring changes are
included in the earlier years and that further along in the eight
years, there would be more in termc of light conversion and an
even greater percentage cost on mercury vapor lights rather than
wiring.
:sir. Deverel responded that the city is proceeding with those prosects
needing circuitry repair early in the program.
The notion passed on a un&nimous vote.
Re a st Re SS 463 (Williamson Act)
Councilv.wrian Pearson stated that this was :a renuest for Council
togo en record opposing SS 463 which would repeal the Williamson
Act.
MOTION: Councilwoman Pearson moved, seconded by Sher, that the
f yor be directed to write a letter cpposinq SB 463.
The motion passed on a unanimous vote.
RequestRaAB 1341
Couecilwofaan Pearson noted that RS 1341 included some changes
of definition of a project for the Environmental Quality Act of
1970. She requested that the city find out what the impact would
be on the City of Palo Alto.
City Manager Sipel stated that this particular bill is a spot
bill which is just a title at this point and has to be amended
to end any conten t . At this point there is no way to tell whether
it will affect the city positively or negatively. He suggested
that it would be watched by staff, and if any content turns up
which Council should know about, staff would so inform them.
The bill is presently in the Assembly Land Use Committee. Staff
will automatically watch it until something happens.
No action was taken.
DevsIo ent of Cc xehensive Plan for the
CI�a County
Councilwoman Pearson stated that a study had been partially completed
by the Senior Coordinating Council and other people in the area
regarding the development of a comprehensive plan for the aging
of Santa Clara County.
0 0 7
7/2/73
MOTION: Councilwoman Pearson moved, seconded by Henderson, to
refer this report to the Policy and Procedures Committee.
The motion passed on a unanimous vote.
guest for Raport Re ttiaison with Stanford University
Councilman Bezwald asked Mayor Comstock for a report on the status
of the matter cf liaison with Stanford University. Mayor Comstock
replied that a letter was written on June 5 requesting an opportunity
to meet with representatives of the board. A reply was received
from the chairman of the Board of Trastees, and the meeting is
set for July II. He considers this a very preliminary meeting
and intends to approach the meeting to discuss opportunities
for cooperation either at policy or administrative levels.
Councilman Berwa?d noted that this probably constitutes one of
the more important liaison furctions the city has undertaken.
It sevens that the parties named to that liaison should be explored
with the Council. He respectfully suggested that there are some
problems in terms of the people selected by Mayor Comstock.
He thinks that Councilman Sher would be an able person but that
it might be embarrassing to have a Stanford employee become a :member
of the liaison committee with the city. He said that he believes
it is the practice of the City Council that appointments to this
sort of committee would be discussed first with the Council and
then rade by the Mayor with the approval of the Council. Since
the Mayor expressed that this appointment is very tentative, he
would accepe that. He commented that in this next year, he hoped
that in the appointments of chairmen of the committees and appointments
of Council liaisons with other orgar►izations and on the election
of the Mayor and Vice Mayor that an attempt would he made to provide
a broad spectrum of bipartisan representation and a kind of leadership
in this city that will be sure that all svectruss of the Council
are represented and therefore all spectrums of the city are represented.
Mayor Comstock reespo. le►d that he had considered the concern that
Councilman Berwaid expressed, and he felt that Councilman Sher
is a tenured Stanford faculty member and is operating from a secure
position. In addition, Mayor Comstock felt that Councilman Sher
had scs strong ties with the iniversity that should provide- a
mechanism for bridging the gap. The forthcoming meeting he could
only see as one which would be approached on an exploratory basis
with no minds made up that there are things that can and caneet
be done.
Councilman Sher canted that he found it quite flattering to
fird himself on the agenda the first night. He simply regards
the July 11 meeting as an invitation to lunch and not any kind
of permanent liaison. It is just an opportunity to see if the
City and Stanford representatives can cone up with some preliminary
approacheas to the problem of liaison.
Councilman Berwald assured Council that he did not bring up the
subject to indicate that any one person should not be on the committee.
Oral Communications
Valerie Good, 239 Cowper Street, addressed Council regarding the
house at 345 Kipling and the need for a redistribution center.
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7/2/73
Adjournment
The meeting adjourned at 8:32 p.m.
* * t * * * * * * * * * * a * t * s * * * s * * * * a * * * * *
The City Council of the City of Palo Alto met on this date in
a regular meeting at 8:40 p.m. with Mayor Comstock presiding.
Present: Baehr', 8erwald, Clay, Comstock, Henderson, Norton,
Pearson, Rosenbaum, Sher
Absent: None
Minutes of Jung /eneeeeeneeemeeeeeekee. 973
Councilman Henderson referred to p. 447, fourth paragraph immediately
following the vote, and noted that the statement attributed to
Councilman Henderson should be Councilean Peahrs.
Councilman Henderson referred to p. 456, line 14, and ,said that
the sentence should read, "The only way that can be done in depth
is to select two or three departments each year for a detailed
study of their progrem."
Councilman Henderson referred to p. 463 and questioned the 'no"
vote of Councilman Beaters as recorded in the minutes. Councilman
Be*hrs requested that his vote be recorded as aye.
Councilwoman Pearson referred to p. 449, third line from the bottom
and requested that the words "public education forums" be inserted
after the word "these." She referred to p. 450, line seven, and
requested that the word "total" be inserted between "the" and
"site." She also noted a tl ogrephical error on the word "itself"
on line 14.
MOTION: Mayor Comstock moved, seconded by Rosenbaum, that the
minutes be approved as corrected.
The minutes were approved on the following vote:
Ayes: Hembree Gerald, Comstock, Henderson, Norton, Pearson,
Rosenbaum, Sher
Noes: None
Abstain: Clay
Commendation to Councilimeman SXlvia Swan
ox t� q tc Servfce
MOTION: Mayor Comstock introduced the following resolution and
r.d, eeconded by Psarao , its adoption:
RESOLUTION NO. 4780 ENTITLED "RESOLUTION OF THE COU?'CIL
OF THE CITY OF PALO ALTO COMMENDING THE OUTSTANDING PUBLIC
SERVICE OF COUNCILWOMAN SYLVIA SEMAN"
The resolution was adopted on a unanimous vote.
Resolution Commendiea Courcilman William Clark
For 7tst 7PL is ery Ge
MOTION: Mayor Comstock introduced the following resolution and
moved, seconded by Berwa.ld, its adoption:
RESOLUTION NO, 4781 ENTITLED "RESOLUTION OF THE COUNCIL
OF THE CITY OF PALO ALTO COMMENDING TVE OUTSTANDING PUBLIC
SERVICE OF COUNCILMAN WILLIAM H. CLARK"
Mayor Comstock commented that it was so typical of Councilman
Clark that, even though his last Council meeting was last Monday,
he had a meeting to attend as late as last Thuxsday which he
attended. This was an example of his outstanding, faithful approach
to city service. He always did his homework, went to reetinga
he was asked to attend, looked for new ground on positions and
issues, brought to Council a commitment to exploring ideas and
working with the total group. He conceded when he was wrong and
was forthright with other Council members when he thought they
were wrong. Mayor Comstock said it was a pleasure to offer this
resolution,
Councilman Berwald commented that in this day and age ehen ethics,
propriety, and honesty in government and credibility which make
a true citizen are needed, Councilman Clark's ane Councilwoman
Semae's service are deserving of praise. He said he had served
with Councilrae Clark since 1967, and he has been a living example
of these qualities.
Councilwoman Pearson commented that she had really appreciated
Councilman Clark's presence on the Council. She also dented
that Palo Alto citizens were privileced to be represented for
seventeen months by Councilwoman Sin who loved Palo Alts and
devoted houra of research aid energy to all of her Council decisions.
She is an outstanding Palo Alto we n, and Councils Pearson
felt it was incredibly that the only newspaper in to n, aed admittedly
a prime influence of public oninirn, chcse not to endorse this
women who was a full-time representative of Palo Alto. Mrs. Semen
is totally honest and thoroughly educated in the government of
the City of Palo Alto. She continues in her devotion, because
last Wednesday she attended the PAID B meeting, Palo Alto suffers
fOr this loss.
Counci l.man Henderson commented that hs felt deeply about the service
Counc i lwa-fwwan Si n gave to the city. She devoted eighty nours
a week on Council business. She was the source of a wealth of
information. He often spoke to Mrs. Semen on Monday morning prior
to a meting and received information that he never would have
had time to dig out for himself. She was incredibly dedicated
to her job. She felt so concerned about what happened at last
Monday night's Council meeting and the fact that Council was not
well informed that she felt the need to attend the P?CDAB meeting
and participate, and she added a great deal to the meeting. Regarding
Counc i loran Clark, Councilman Henderson said that he had been aware
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7/2/73
a number of times that Councilman Clark was weighing his decision
at the Council meeting based on what was being said. He did not
come to meetings with decisions made ahead of time. Councilman
Clark was an example of why labels should not be pinned on people.
He has often been classified as establishment or conservative,
but he became a real leader in pressing for such programs as the
anti -drug abuse program and child day care. It was a great honor
to serve with him.
Councilman Beahrs commented that he felt that Council had dealt
with these fine people sufficiently and that if all their virtues
and strengths were chronicled, Council would tonight exceed the
length of Last Monday's meeting.
Mrs. R, E. Anderson gave special thanks to Dr. Clark, recalling a
happening at Gunn High School, and said she hoped that things
would be so that there was not need for a doctor on the Council.
She asked that Council have peaceful meetings fox people who like
to come and are interested.
See p. 054
Vice Mayor Norton stated that he felt strongly about the retirement
of Dr. Clark and the fact that Councilwoman Semen would not he
serving in the future. She served conscientiously and hard.
He was tempted to suggest a charter amendment to return to an
eleven -man Council and thanked Councilman Clark for his years
on the Council.
The resolution was adopted on a unanimous vote.
Mayor Comstock asked Councilman Clark to cope to the platform
and receive the resolution and a plaque.
Councilman Clark commented that it had been a magnificent experience
to have had the opportunity as an oldtire Palo A1tan to share
in the Leadership of this co unity for these years and to work
with all the wonderful people that he had shared responsibility
with, The kaleidoscope of things that Council has done in the
last six -plus years really is incredible when we pause and think
about it. There have been many changes in personnel. Council
has gone from thirteen down to nine members, and there are only
four of the original thirteen still on the Council. The Planning
Commission has only two out of the seven, Mary Gordon and Mrs.
Brenner. One ct the great jobs that Council did as far as he
was concerned tt pick George Sipel as City Manager. The whole
City Attorney's staff is different; there is a new City Clerk,
a new Planning Director, and new Personnel Director. There is
a new Police Chief, new Fire Chief, and wonderful people have
gone to other jobs or retired and have been replaced by superb
people. He said it was a pleasure last Wednesday to start at
the top floor and filter down through the building, visiting with
various staff merbers,. Sometimes, Council thinks it runs the community,
but really it is this great group of employees. He said he 1s
sure that sometimes Council tamers begin to ask or descend this
or that of the staff and forget they are people. He hopes that
the community would always remember that this town runs because
of the faithful employees, He commented that Council hers
were all frightened at the prospect of having Gary Fassiano and
MEW on the air, but Council soon lost its self-consciousness.
It is a wonderful service, and he would enjoy listening to Council
on the radio week by week. He eaid hi was happy to have been
a part of this great and wonderful community and to have had a
chance to do something for it.
0 1 1
7/2/73
Election of Mayor and Vice Mayor
Mayor Comstock noted the procedure for election of the Mayor and
Vice Mayor in accordance with the Charter Article III, Section
8, which states that the Mayor and Vice Mayor must be elected
at the feet City Council meeting in July. He appointed Councilmen
Clay and Sher as ballot clerks and then asked Council to proceed
with the election of the Mayer by secret ballot, noting that a
majority vote is necessary to elect each officer.
One ballot for the office of Mayor was taken, and Mayor Comstock
was re-elected for 1973-74, the result being as follows;
1. Comstock, 5y Norton, 4
Mayor Comstock then asked the Council to proceed with the election
of the 'trice Mayor:
One ballot was taken and Councilwoman Pearson was elected to the
office of Vice ,"ayor for 1973-74 on the following ballot:
1, Pearson, 5; Norton, 4
Councilman Norton thanked the community and Council for having
served two years as Vice Mayor. He congratulated Mayor Comstock
for being re-elected Mayor and Councilwoman Pearson for her long
wait. -
Vice Mayor Pearson e. inked those who voted for her and said that
she took this as a mandate to save the privets:.
(Councilman Eerwa1d left the Council Chambers from 9;05 to 9:15
Recommendations of Public Facilities
MOTION: Councilman 8eahrs moved, on behalf of the Public Facilities
Naming Committee:
a. That the two new cul-de-sac streets located on the extension
of Georgia Avenue in the Green Acres No. 3 subdivision be named
Crosby Place and Wallis Court respectively. The cul-de-sac
nearest the intersection with Arestradero Road shall be named
Wallis Court,
b. That the new cul-de-sac located on Loma Verde Road in the
Los Arboles Addition No. 2 subdivision be named Torreva Court.
c. That the portion of Page !Mill Road which lies within the
jurisdication of Palo Alto between the Foothill Expressway and
Freeway 280 be renamed Old Page Mill Road.
The motion passed on a unanimous vote. (Berwald absent.)
0 1 2
7/2/73
Castille'a School Tennis_cauYt,;. Aproval of Use
Pr'mit at I4v nbarcadero Tad tCMR: 196: 3r
Vice Mayor Pearson commented that she would like to keep the asphalt
from being apparent and wondered if the plans which were proposed
in the plan were satisfactory to the Planning Commission.
Planning Commission Chairman Gordon said that she did not have
a copy of this most recent plan and therefore had not reviewed
the plans. Councilwoman Pearson said that the rumor is rampant
in the neighborhood that Castilleja School has expansion plans
and is buying up old homes, and that is just the beginning. If
this is true, she would not approve this motion. Mrs. Gordon
replied that the Planning Commission questioned Mr. Westmoreland
when he was testifying before them on the subject, and he verified
that it was not the intent of Castilleja School to go beyond its
present block. It was clarified at the Planning Commission meeting
that should there be any discussion of changes in plans upon the
present site to include such things as a gymnasium, etc., this
would have to go through the normal .procedure of a hearing before
the Planning Commission.
Councilman Henderson asked for a review of the basis for the denial
of the use permit by the Zoning Administrator, and Mr. Grigoni
responded that the basis involved questions of the isolation of
the single-family residence next to the proposed tennis courts,
possible traffic hazards to players running into the street after
tennis balls, and the fence that would shield the tennis court
along the property line. This was a ten -foot fence, and it was
felt that this would not be an attractive addition to the neighborhood.
Councilman Henderson asked if t'+ere had been any protest by the
isolated family and if the other questions had been resolved.
Mxe. : ordon responded that the Planning Commission way; informed
that it was the school's intent to purchase that property when
)r. Green would make the sale. Mr. Green assented. It was also
clarified that the setback requirements for such a piece of property
would make a rather odd -shaped building site.
MOT/ON: Mayor Comstock moved, seconded by Norton, that Council
approve the application of Castilleja School for a use permit
for a tennis court Subject to conditions recorded in the Planning
Commiesion minutes of May 30, 1973, that landscaping and location
of the court be reviewed by staff before transmittal to City
Council, and that night lighting be prohibited.
The motion passed on a unanimous vote.
MOTION: Mayor Comstock moved, seconded by Norton, that staff
be instructed to work with Castilleja School and to explore possible
redesign of the cul-de-sac at Melville Avenue which would result
in a better utilization of the laid.
City Manager Sipel coMmented that while staff had not done any
extensive work on this yet, Council would recall this is part
of the existing TOPICS project were the city is currently putting
in a cul-de-sac with a fair amount of landscaping. It would cost
0 1.3
7/2/73
approximately $25,000 to do essentially what is suggested in the
Planning Commission motion. Even if the city can get the agreement
of Castilleja School and is able to make the trade, there is no
question but what it would be nice to do, but it has roughly a
$25,000 price tag on it.
Mayor Comstock asked the basis for that estimate, and Mr. Sipel
said that it is the cost that would be incurred to take out what
is there and is in the process of going in right now. It is based
on a per -square -foot cost to put in landscaping and concrete that
would be required.
Mayor Comstock said that it never occurred to him that, given
this state of development of the project, that that was contemplated.
He saw the motion as a way to explore what could be done with
what is there. Maybe this is not what the Planning Commission
had in mind, but he moved it in that spirit. He said that he
would not make the motion with the intention of going in there
with a jackhammer.
Mrs, Gordon said that the Planning Commission was hopeful there
might be some additional rrxxli.ficatian that might be made in the
long ter:^, that would be significant in utilising the lard in
a bet':er fashion.
Mr. S.il:el said that if it is not Council's intent to stop the
project p esently being constructed and if it is looked upon as
a long-term better use of the land, it might be an appropriate
assign—.. nt to staff,
In response to a question from Councilman Norton, Mrs. Gordon
said that the Planning Commission did not prop oee to undo anything
that has been done there at the present time, and the future depends
on what the study brings to light.
See p. 054
Councilman Norton said that he took it that', Planning Commission
did not agree with what the staff had done to date or planed
to do, and Mrs. Gordon said that there was concern on the part
of the Commission that there might be a better way to work out
this area that is between Castilleja and Castilleja
with an extension of asphalt between. There are parking requirements
and aspects that would have t7) enter into such a study. Therefore,
the Planning Commission was not desirous of taking a position
on what should happen but wanted to explore what should take place.
City Manager Sipel reminded Council that over a period of two
or three years, this project wound its way through the governmental
labyrinth, and one of the stops was the Planning Comm4L'ision where
they did approve the design of the cul-de-sac. The Castilleja
School propoeal adds a cew dimension to it.
Mayor Comstock stated that since he made the motion, he wished to
clarify that the intention of the motion was not to induce demolition
of concrete but to work with Castiilja School and see if the court
could be developed into something compatible in terms of the land
and planting.
0 1 4
7/2/73
The motion passed on the following vote:
Ayes: Bea►hrs, Berwald, Clay, Comstock, Henderson, Pearson,
Rosenbaum, Sher
Noes: Norton
Fro sad Santa Clara Count Transit District
ue neve ye em )
Councilman Rosenbaum indicated that this was an information item
for Council. He reviewed briefly the status of the transit district
and its history. He noted that the plans for the future include
ninety new buses some time early in 1974. The allocation plan
that is currently being recommended involves a number of arterial
routes together with sixteen zones. Each one would be served
by a dial -a -ride system. The eventual system is supposed on the
order to 200 buses, 110 of which would be arterial and the other
90 allocated. He outlined the Palo Alto routes and said that
they are tentative, and staff is discussing the proposal with
the county. The route to East Palo Alto is currently missing.
The real problem, is how to change from the current system to
this, dial--a-ride responsive eyster. It is at this point that
'_he city will have to watch the county carefully.
Mr, Sipel said he would like to anp11fy the comments about the
need to watch diligently what is going on with the changeover
in systen. City staff will he working with county staff to uphold
}ha city' a interest and uphold the commitment of the transit system
not to diminish the level of service.
Councilman Beahrs asked if the bus line were running at a deficit.
He said that he hears unhappy reports on BART, and it does seem
it is tine to start talking in terms of red ink.
Councilman Rosenbaum responded that it would not be fair to say
that it hardly pays to collect the quarter, but that is almost
the case at the moment. The county is meeting from 25-30% o'
its expenses.
Councilman Baehr* said that the taxpayers are looking at 66-2/3%,
and Councilman Rosenbaum said probably more than that. Nobody
pretends any transit system is going to pay its way.
Vice Mayor Pearson said she was concerned as to the size of the
bus which would be on call. How large would this vehicle be that
would be going around through the residential streets?
Councilman Rosenbaum said that the ninety new buses are for thirty--
five passengers.
Vice Mayor Pearson said that she would was concerned about the
fact that the East Palo Alto route is missing. It is the one
route that supports the bus system in Palo Alto and she wondered
hoe the city could assure its continued existence.
Councilman Rosenbaum responded that staff is negotiating this
point with the county, and at some point it may be appropriate
ler Council to take action.
0 1 5
7/2/73
Marra ernent Salar and Frin a Benefit Program,
CMR: : )
MOTION: Councilman Beahrs introdeced the following resolution
and moved, seconded by Henderson, its adoptiont
RESOLUTION NO. 4782 ENTITLED "RESOLUTION OF TIi' COUNCIL OF
THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR
MANAGEMENT GENT PERSONNEL FOR THE FISCAL YEAR 1973-74 (EFFECTIVE
JUNE 25, 1973)"
Councilman Berwald asked if there would be any inequities that
would result because of the effective date of the represented
employees' plan and the effective date of these changes. City
Manager Sipel responded that there would not be any inecuities
as far as the police association and the fire fighters are concerned.
With respect to employees represented by SEIU, he could not sav
because as yet no agreement has been reached with that group.
The resolution was adopted on a unanimous vote.
MOTION: Councilman Beaters introduced the following resolution
and rived, seconded by Norton, its adoption:
RESOLUTION NO. 4783 E1.TITL FD "-FSOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO + ePTIN A cr_,MPINSATION PLAN FOR
CONFIDENTIAL PERSCNNFL (FF FC!'IN'E JULIE 25, 1973) FOB THE
FISCAL YEAR 1973-74"
The rs-solution was adopted on a unanimous vote.
Application for AJ.coholic Beverage License --
ddlAfield Road,
Pa o ��a,Caflforn aTPremise-to-Premise
Transfer)
MOTION: Mayor Comstock moved, seconded by Norton, that the report
be filed.
The motion passed on a umani.: us vote.
aarcad�tro Ptua in Sta:tiori I nro;Ce ants:
Contract or Des qn Services: CMR 1 s
Councilman Sher asked about the selection of the consultant, how
he is selected for a project of this magnitude.
Assistant City Manager Warren Deverel responded that when there
is a project such as this, staff seeks a consultant who has particular
expertise in the matter artd who has a good reputation having performed
other work with the city. They consider familiarity with the
city system. These factors and basic professional credentials
are the primary considerations.
Councilman, Sher referred t.o the statement in the City Manager's
report that this design work cannot be accomplished by the city's
engineering staff due to a substantial backlog of existing capital
0 1 6
7/2/73
improvement projects, and the anticipation of twenty-eight additional
.1973-74 capital improvement projects beginning July, 1973. He asked
if this meant that consultants would he needed on a substantial
number of capital improvement projects.
Mr. Deverel responded that staff had projected the workload reauirer,ents
due to all of the capital improvenene work and more or less arbitrarily
commented that it would take one to one and one-half rears to
complete the backlog. On that basis it cannot he done with eight
city staff. A number of projects are being selected where it is
financially advantageous to have them done on the outside. The
city staff is carrying the bulk of the design efforts.
MOTION: Councilman Rosenbaum moved, seconded by Norton, that
Council authorize the Mayor to execute a contract with the firm
of Brown and Caldwell to provide eneineer.inq service for the improvements
to the Embarcadero Underpass Pumping Station.
The motion passed an a unanimous vote.
proposed I.ndustr,lal Waste Ordinance
Vice :Mayor Pearson, introduced the following ordinance and roved,
seconded by Comstock, Its adoption:
"c0Ri f:'ANCE OF THE CO NCIL OF 11F. CITY OF PALO ALTO
AMENDING SECTION 16.08.160 AND ADDING CHAPMR R 16.0 TO
THE PALO ALTO MUNICIPAL CODE REI1ULA T I'iG AND CONTROLLING
THE DISCHARGE OF INDUSTRIAL WASTES INTO T}1F CITY'S SEWAGE
DISPOSAL SYSTEM"
Glen Affleck, 3830 Aray Court, a member of the Irzdustr_71a1 Waste
Management Association, addressed Council regarding the proposed
ordinance, He stated that he had xorYed with the city staff during
the last four weeks in reviewing this proposed ordinance and,
in behalf of the Industrial Waste Management Association, he commended
staff in listening to then, and he felt that constructive changes
to the ordinance had resulted. It is the kind of cooperative
effort that they like to see on matters that deeply concern industry.
They feel that this ordinance is a tight ordinance that will reauire
considerable expenditure on the po=et of industry, but it is also
a workable ordinance, and industry can achieve the kind of standards
that the City is asking for.
Kevin Kelly, 1911 Plymouth, Mountain thew, seconded Mr. Af f t eck' s
remarks commending staff. He questioned the inclusion of condensate
from air conditioning units and untreated cooling water being
included as industrial waste.
Mr. Chapman of the city staff replied that staff did consider
whether or not those materials were industrial wastes and concluded
that they were,
In response to a question from Councilman Clay, Mr. Chapman indicated
that staf.' feels that no fee is needed at this time.
Councilman Clay asked a question regarding the cost to industry
Of the pretreatment system, and Mr. Deverel responded that an
industrial discharger merely discharginc cooling water would require:
no pretreatment, but a large plant with heavy concentrations of
chemicals would require an expensive investment. There is a very
wide range of investments required.
0 1 7
7/2/73
Councilman Clay asked how many companies are out of conformity
with the ordinance, and Mr. Deverel said that for the most part
the plants are in compliance with the ordinance and that this
ordinance does not represent a drastic change from the ordinance
that already exists.
Councilman Clay caked about the liability of the city in terns
of the disclosure, of trade secrets, and City Attornev Stone said
that the city must know what is being discharged into the system,
and in any disclosure to the city which constitutes a trade secret,
the industry involved states to the city that the cotposition
is a trade secret, and the city may have liability for disclosure
if it occurs. Disclosure tav occur if action is taken against
the industry,. but in that case it would not expose the city to
liability.
Councilman Clay noted that some of the ficTures which he had on
some of the chemicals for the Environmental Protection Agency
are lower than what are being proposed in this ordinance. Also,
the Environmental Protection Agency plans to have a standard set
by August of this year, and they are looking for effective implementation
by May of 1974 for new industry and some time in 1976 for older
industries. He asked if the city were acting prematurely ;v estab-
lishing limits when the Envirorr.ental Protection Agency will establish
limits reason)1y soon:
Mr. Chapman desponded that staff had taken into-:onsideratacn
as best it could the Environmental Protectiom Agency's proposed
limitation. The limitations in the ordinance are intende.i to let
the city achieve effluent standards which will he in accordance
with the Environmental Protection Agency- When their standards
are put out, if it is necessary to change the ordinance, the city
will haee to do so, hut .something is needed to work with that
is reasonable now.
Mr, Deverel commented that these limits represent that which staff
feels they can treat out of the plant influent and therefore comply,
with Environmental Protection Agency requirements and Regional
Water Quality Control Board requirements imposed on the city with
respect to effluent that is discharged into the Bay. It is necessary
to start here and do the Pest we can, and these limits represent
a reasonable approach.
Councilman Clay said that he was concerned about the fact if a
mistake is made here, and premature action is taken, the city
could cause a company to incur an expenditure and find out in
aix months that it still was not within the standards, if that
can be avoided, it should be. He wondered about the possibility
of waiting a few months to -pass the ordinance rather than now.
Mr. Deverel responded that EPA will not be establishisq limitations
on the City of Palo Alto or on that which is put into our ordinance.
The ordinance is designed to permit the city to discharge what
is acceptable into the Bay.
Councilma4 Berwald referred to the comment by one of the speakers
that staff had agreed to take out cooling water artd condensate
and asked if there were any agreement to take those two items
out of the definition of industrial waste.
0 1 8
7/2/73
Mr. Chapman responded that staff did not agree to take them out.
Many points were diacussed with industry, and staff incorporated
those that they felt could be, but staff felt that these particular
items should be incorporated. They are considered industrial
waste because temperature is added.
Mr. Deverel said that it is not particularly burdensome. There
is a permit requirement, but the sampling requirement is on the
city, not on industry.
Councilman Berwald asked about hearings. The regional boards
have a hearing board so a person can come before a hearing board
established for that purpose. The executive director of the agency
normally is not a member of the hearing board, because the hearing
board should be fairly unbiased. He felt to have a city manager
who had the administrative responsibility be the hearing officer
is not quite fair.
City Attorney Stone responded that an independent board could
be set up for hearing on these permits, but certainly historically
and from a precedential standpoint in municipal affairs, when
a city meager grants or denies a permit with respect to a public
facility, which the 'dater quality Control. Plant is, he must be
given some opportunity to :hake his decision without another interth
layer of government. It is his firm belief that with res;_,ect
to this municipal operation, the City Manager must have the prerogative
in terms of permit granting, denial_, revocation, or suspension.
Councilman Berwald said that that did not answer the question.
A hearing board whose composition consists of members of the staff
r nd members of the public and perhaps members of industry would
give a fairly unbiased hearing, If the city manager does not
like the decision, he can appeal it to the Council, This procedure
may serve govern ant, but it may not serve the user.
Mayor Comstock commented that this matter was something that the
City Manager felt he could handle.
Councilman Berwald said that the administrative authority under
this ordinance is tremendous, and there should be some place for
a more fair appeal for the person who may want to appeal this
decision of the chief engineer. He asked how mane companies in
Palo Alto are represented `on the Industrial Waste Management Association,
and Mr. Chapman respo:aded tl'at they had all had an opportunity
to be represented, and he would estimate that around 90% are members.
Councilman Berwald said that if the members of the Industrial
Waste Management Association object to this ordinance, he hoped
that they would let it he known before the next reading of the
ordinance and he would vote for it both times.
The ordinance was approved for first reading on a unanimous vote.
Palo Alto Boy's Tennis Teeun
Vice Mayor Pearson indicated that she had received a letter from
Keith Clark who asked her to place this item on the agenda.
MOTION: Vice Mayor Pearson moved, secor.;ded by Rosenbaum, that
staff be directed to draft a resolution commending the young men
who are going to represent the City of Palo Alto in the City Team
Tournament at Birmingham, Alabama, Tennis Association and urging
citizens to help financially support them.
The motion pissed on a unanimous vote,
0 1 9
7/2/73
Resolution Congratulating Stanford Tennis Tear;
on nr.aig a ionai`C'o1Iegiate 'Tennis Champ ip ionsh
Councilman Henderson noted that the Stanford Tennis Team had achieved
the honor of winning the National Collegiate Athletic Association
Tournament. It is not often that Council has the opportunity
to salute the team that ranks Number One in the nation. Stanford
swept all titles in the tournament.
MOTION: Councilman Henderson moved, seconded :.,y Beahrs, that
Council direct staff to prepare a resolution or the Council congratulating
and commending the Stanford University Tennis Team and the individuals
involved for winning the rational Colleaiate Athletic Association
tennis championship.
The motion passed on a unanimous vote.
outh B Dischargers Budget JA ro
Councilman Henderson commented that one of the requirements in
the bylaws of the South Bay Dischargers Authority is that the
budget of the Authority shall be presented to each of the governing
bodies of the membership tor approval. Mr, Deverel and he took
an active part in the budget discussion and recommend approval.
MOTION; Councilman Henderson moved, seconded by Pearson, that
Council approve the two budgets presented for the South Bay Dischargers
Authority, the budget for 1973-74 and the budget for the two months
of operation in 1972-73.
The motion passed on a unanimous vote.
ZE.9.P.-221'-allaErlalaj=ltajean
on Condominium Conversions
Vice Mayor Pearson stated that she understood that the Planning
Commission had recommended a moratorium on converting apartment
houses to condominiums. She wondered whether Council should take
action on the Planning Commission recommendation and asked Planning
Commission Chairman Gordon for comments.
Mrs- Gordon responded that some time ago Council directed staff
to initiate a study regarding this action. Recently the Planning
Commission had two applications concerning c'ndominium conversion,
and the matter was continued to give staff an opportunity to carry
through on the Council referral. As of last week, staff indicated
that it was unable to give adequate_ time to the study and was
recommending that the Planning Commission recommend that there
be a moratorium on condominium conversion and that a consultant
be hired to assist staff. The Planning Commission's that will
be forthcoming. There is some urgency about this matter, and
if there is anything that can be done to hasten the matter, the
Planning Commission would feel it important..
0 2 U
7/2/73
Mayor Comstock asked the available courses of action, and City
Attorney Stone said that on a 4/5 vote of the Council an emergency
ordinance could be enacted tonight suspending conversions of apartment
buildings to condominiums during completion of the study. If Council
desires to do that tonight he would request an opportunity to
read into the record an ordinance for council passage. On the
other hand, Council could refer the matter to staff for return
at a certain date. The City Attorney's office could certainly
prepare an ordinance for the Council packet for the July 16 meeting.
Councilman Beahrs asked what powers a municipality has over an
area of interest of this character. He felt that it was largely
governed by state authority, and there was little the city could
do.
City Attorney Stone responded that the study is intended to analyze
that question. He did not care to predict what the answer would
be. It is fair to state that the city, as a charter city, would have
acme power in this regard.
Councilman Rosenbaum said he was curious aeout the need for urgency.
He recognized that 101 Alma is under consideration and asked if
there was something else.
Mrs. Gordon said that there was a continuing flow of activity
in this dir,i,ction. One of the largest conversions that is possible
in Palo Alto is imminent, and it seems if it were to have meaning
fox Palo Alto, it would be at this time,
MOTION: Vice Mayor Pearson moved, seconded by Henderson, to direct
staff to prepare ordinance material for a condominium subdivision
moratorium for the July 16, 1973, meeting.
Councilman Rosenhaum commented that Council does not have any
supporting material in front of it. He is w.illieg to ask staff
to prepare an ordinance, but he would feel free not to approve
the ordinance if he felt so inclined in two weeks.
Councilman Sher asked City Attorney Store to indicate his understanding
of the assignment, and City Attorney Stone said that staff had
been watching the condominium conversion picture. His office
would attempt to define what the Council may wish to have before
it and any a1ternatis es. they may wish to have and present a complete
ordinance with time limits as suggested by staff. They will present
to Council an ordinance which is legally and factually supportable.
Those utters can be changed if Council desires, or the entire
matter can be rejected.
Councilman Berwa1d asked how many complexes have been converted
to condominiums in Palo .alto.
e
'.r. Grigc+ni responded that staff had put together some data for
the period 1968 to elate ' in 1973. The total number of units in
permit applications is 473 for those years. The period to date
in 1973 is the most important. They have had applications for
conversion of 255 unite in 3973 to date. This is more than double
any other whole year.
4 2 1
7/2/73
Councilman Berwald asked if staff had a fairly good opinion as
to the reason for these conversions, and Mr. Sipel responded that
that is part of the study. There is a fairly complex reason that
is involved.
Councilman Berwald asked in what way the public interest has been
harmed by these conversions. Apparently, there is feeling that
there is an adverse effect to the public interest.
City Attorney Stone responded that there is some impact, but whether
or not it is adverse is one of the subjects to be covered by the
study.
Councilman Bee wald said that he would support the study, but Mrs,
Gordon mentioned study and used the word "study," but a moratorium
is a different thing entirely. He said that his logic tells him
if there is a clear indication there was some adverse effect on
the public interest, he would support a roratorium,but he wanted
to have a study at this time and not a moratoriem. He did not.
think there was any grounds for a moratorium.
Mayor Comstock said the study is to determine if there axe problems
and if so, in what areas that accrue to condominium subdivisicn
activity. That is the reascn there was a discussion a few weeks
a oet state legislation, because in some communities there have
been prohieme in terns of maintenance of the undeveloped area
of a subdivision or building standards that do not get built into
the conversion process. He gathered that the thrust of the study
is to find out in Palo Alto what problems we are exposed to and
what remedial action is proposed. The hint of increased regulatory
activity is increased as a result of the study process would be
a concern of the owners of undivided property and :night generate
a cascade of applications:
Councilman Berwald responded that: he recognized the points that
had been made, and they axe the same points that Council always
makes on the eve of passing a moratorium. He did not agree with
suspension of economic and social activity while the city decides
whether or not there is an adverse effect. There is some risk
in the type of government wa have, and that risk is that it wcrks
slowly, and people can take advantage of tte slowness. That is
the chance we take. The alternative is to hurry up with the study.
Councilman Clay said for whatever length of time the moratorium
is going to be on would be a time in which no conversion would
be made, He felt that would he saying that the outcome of the
study would be that the city wants to curb conversions of apartments
to condominiums. He asked if there is some reason why the moratorium
was suggested. Is there any inforc ation that would be helpful?
City Attorney Stone replied tnat Council thxss weeks ago gave
an assignment which outlined three potential psoble t areas. That
.assignment was for a study to see where the city can now and might
in the future regulate in those areas. Those problem areas under
study are in Ow interim committee in the legislature. He did
not think there was much question from the staff'a standpoint
that these are areas for study to identify impact. The purpose
cat Cite proposed moratorium is to allow the study to be completed
so that appropriate legislation can be determined.
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7/2/73
Councilman Clay said that he wanted to seek information, because
he h'.d had inquiries from people who were sunjected to the apartment -
condominium conversion, and he sympathized with them because they
went into the apartment unit to avoid the problem of home maintenance
only to be faced with conversion shortly after they moved in.
Mrs. Gordon said that there are physical differences between requirements
for apartments as compared with condominium recmirernente such
as parking and other kinds of areas: The information is not fully
before Council at this time. Other communities are looking at
the physical impact on the community.
Vice Mayor Pearson said that she was not asking for a moratorium
tonight. She saw that the Planning Commission had made a recommendation
which was going to come before Council in which they were asking
for action which could not be taken unless there was an ordinance
before Council at that time, The information will be received
on July 16, and Council will be able to decide then whether to
support the ordinances that are being prepared. She is just asking
staff to prepare the material.
Councilman Rosenbaum asked if staff anticipated having some information
beyond the Planning commission minutes available for Council in
two weeks, and City Xanager Sipel said that there would be very
little else. About the only additional information staff could
provide would he on whether any more applications had been filed
for condominium conversion.
Councilman Rosenbaum commented there are at least two problems,
There has been concern about people who are forced to leave their
apartments when this cc_•nversion takes place, but the more serious
one is what it is that people are buying when they buy these condo-
miniums, and it right core under the area of consumer protection.
In ten years there r -:fight not be much consumer value left in then,.
Councilman Seahrs said he was not sure whether or not the group
is in opposition to the condominium method of holding title to
property. He warned that this town has adopted restrictive policies
on land usage to the point that young people and elderly cannot
afford to buy land, let alone put a structure on it. Sometimes
a condominium is the only way in which many people can buy property
in Palo Alto. He favors home ownership and assisting people to
that and,
Councilman Sher said that he felt that Council discussion had
gone way beyond the boundaries of the ;notion and had gotten into
the merits of controlling condominium subdivision.
The motion passed on the following vote:
Ayes: Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher
Noes: Beaters, fserwald, Norton
Oral Communications
1. Gail Slocum, 1990 Cowper, addressed council regarding private
school representation on the Youth Advisory Council.
2, Cheryle Custer addressed Council regarding patrol of
the bike lanes for safety for cars violating the bike
lane regulations. She said she was hit by a car which
ran a red light a few wake ago<
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7/2/73
3. Valerie ccod, 239 Cowper, showed Council articles which
she would like to give away at a distribution center,
Executive Session
Council adjourned to Executive Session from !0:55 to 12:15 a.m.
to discuss personnel =attars.
Regular Meeting_ of 9th Cancelled
S cial Scheduled
MOTION: Mayor Comstock moved, du?.y seconded, that the regular
meeting of July 9 be cancelled and that Council meet in Executive
Session to discuss per2onnel matters on Monday, July 9.
The motion paused on a unanimous vote.
Adjournment
The meeting was adjourned at 12:ifi a.m.
A?'rRWIs3:
Mayor
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7/2/73
CITY
COUNCIL
MINUTES
PAC)
(4100
July 9, 1973
The City Council of the City of Palo .alto met on this date at 7:30 p.m.
in a special meeting in executive session to discuss personnel
matters.
Present: Beahrs, Berwald; Clay, Comstock, Henderson, Norton
(arrived 8:00 p.m.), Pearson, Rosenbaum (arrived
8:00 p.m.), Sher
Absent: None
The meeting was adjourned at 11:00 p.m.
APPROVED:
ATTEST:
July 16, 1973
The City Council of the City of Palo Alto met on this date at 7130 p.m. in
a regular meeting with Mayor Comstock presiding.
Presents Seahra, 3erweld, Clay, Comstock, Henderson, Norton
(arrived 7:35 p.m.), Pearson, Sher
Absents Rosenbaum
Minutes of June 25, 1973
seassur ai rim
MOTION: Mayor Comstock moved, seconded by Rerwal_d, that the minutes
be approved es presented.
The motion passed on a unanimous vote.
California Avenue Parking,
MOTION: Councilmen Henderson roved, neconded by Rerwa'df that item 24
be brought forward for purposes of referral.
Thal motion gassed on a unanimous vote.
MOTION' Councilman Henderson moved, seconded by F3erwald, that the
subject of California Avenue Parkina be refereed to the Finance and
Public Work Committee.
The motion passed on a unanimous vote.
Councilman Henderson indicated that the subject of California Avenue
parking could be included on the July 24 agenda of the Finance and
Public Works Committee.
Public H in : vaceti Easement
s Ar sale tot! No. --Trac 1
Mayor Comstock stated that this is the time and place set where any
and all persons having objection to the proposed vacation of a storm
drain easement in Los Arkoles Addition No. 2, Tract 5371, in the City
of Palo Alto, may appear and show cause why such easement should not
be vacated. Let the record show that the City Clerk has filed an
affaeda►vit of publication of the notice of this hearing in accordance
with Section 50440 of the California Government Code. Lot the record
show that the City Clerk has on file an affadavit of posting of the
notice of this hearing in accordance with Section 50441 of the California
Government Code. Let the record show that this matter was referred
to the Planning Commission and has been acted upon by the Planning
Commiesion.
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