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HomeMy WebLinkAbout08061973CITY COUNCIL MINUTES August 6, 1973 The City Council of the the City of Palo Alto met on this date at 7:30 p.rn. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Berwaid, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher Absent: ? orten Reports to Cour.^i.l Mayor Comstock commented that Council had received the City Clerk's annual report which was excellent. Council had also received a report entitled "Design Guidelines for Eowntown Palo Alto Buildings." He felt that this report would be extremely helpful to the Planning Commission and the Architectural Review Board, and he coeplifeented r wntown Palo Alto, Inc. on the quality of the docu.: ent . Minutes of July 16, 1973 Counoilrnan Sher referred to page 30, fourth paragraph from the bottom, second sentence, and said that it should read ", . it wo id be diffi- cult to switch from a no -fee to a fee basis. . ." MOTION: Mayor Comstock reeved, seconded by Henderson, that the r+:inutes be approved as revised. The motion passed on a unanimous vote. Minutes of July 23, 1973, Councilman Berwald referred to page 55, third paragraph, third line, and asked that the word "following" he inserted before "students:" Senor Juan Jose R.osas Sumano Senorita .fie de Lourdes Ca1le ja Sanchez Senor Eduardo Calderon Marin Senor Alberto Martinez Figueroa Senor Jose Antonio Caa:acho Cisneros Senor Jose Joaquin del Villar Pelaez Senor Carlos Fernandes del Cempo Orzua Senor Enrique Robert Garcia Ssnor Francisco Calderon Marin Senor Carlos Lira Vasquez Senor Alfonso Baltasar Calvo Senor Jorge Casteneda de Los Monteros Senor Alfredo Perez Zara Senorita Cristina Imes lluerta Senorita Ce+.iiia Aguilar Castro Councilman Berwald further referred to the fifth paragraoh and asked that the words "visiting here" be followed by "from Oaxaca." Councilman Sher commented that Vice Mayor Pearson's statement does not seem to conform to the situation that presently exists. The idea of subjecting day care homes to use and occupancy permits is something en- tirely new and was suggested as an alternative to the use permit. He said he was having difficulty getting a handle on what the city would have after the day care home is subjected to the use and occupancy permit. Vice Mayor Pearson responded that businesses have certificates of use and occupancy, and they are r ubiected to a yearly inspection. Day care homes are not subjected to the same kind of occupancy certificate insrec- tion, This will be another way to inspect the homee once a year. Mr. Walker commented that the issuance of a use permit does not negate the need to obtain a certificate of use and occupancy. That requirement is still present. It certifies the appropriateness of the facilities regarding zoning, and building, fire and health codes. The present prac- tice is that city conducts a building inspection at a new occupancy or change of occupancy. Fire inspection takes place more often. There would be both an initial inspection from a city point of view plus the annual fire inspection. Councilman Sher indicated his understanding of the situation is that all of the existing day care homes that have not applied for a use permit also should Yave applied for a use and occupancy permit. They are vio- lating the law. There is a record ie San Jose of ail homes in Palo Alto, but apparently the city does not want to now about then because of the administrative burden of subjecting them to the use permit pro edure. Now the suggestion is to go to the use and occupancy permit, and the city will want to know about them. People will come forward because it is only $5. He asked if that is the good to be achieved by this action. Mx. Walker responded that there are a number of licensed day care homes in Palo Alto which do not have use permits. There are probably a number which are not even licensed. The city does not presently have an enfor- cement procedure whereby it goes out and looks for day care hooves that are operating without a use permit. The city responds on a complaint basis. There has not been a comprehensive procedure of finding out where these licenses exist. The ordinance wa.e approved for first reading on the following vote: AYES; Seahrs, Be.weld, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Clay Ordinance Desi ati,� the Portion Oita a kill a'Ittin the Jur n orTilo Xr£o getw en_ as esswa an Frees . 80 a NOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Rosenbaum, its adoptions ORDINANCE NO. 2728 ENTITLED mORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO DESIGNATING TgE PORTION OF PAGE MILL ROAD WITHIN THE JURISDICTION OF PALO ALTO BETWEEN FOOTHILL EXPRESSWAY AND FREEWAY 280 AS "OLD PAGE MILL ROAD" els ordinance ce was adapted on a unanimous vote. 0 8 5 8.16/73 Alcoholic Beverage Control Reulations: v °�"w aid' tandards TCicR : 701C 3 i MOTION: Councilman Henderson introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE NO. 2729 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.90.085 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE LOT AREA REQUIREMENTS FOR USE PERMITS FOR SALE OF ALCOHOLIC BEVERAGES UNDER ON -SALE LICENSE, AND TO MAX2 SUCH USE PERMITS TRANSFERABLE" The ordinance was adopted on a unanimous vote Reclassification of Old Foltce tre u n root .c MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NO. 2730 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CFIANGE THE CLASSIFICATION OF THE PROPERTY KNOWN AS 450 BRYANT STREET FROM P -F TO C-2" The ordinance was adopted on a unanimous vote. Mitchell Park Walkway Easement In response to a question from Councilman Beaters, City Manager Sipel indicated that the city is acquiring this property, Councilmen Henderson wondered if rather than amending the budget, the funds could not be found in the Mitchell Park improvement portion of the budget, and City Manager Sipel responded that some other portion of the project would have to be deleted in order to do that. MOTION: Councilman Berwald introduced the following ordinance and moved, duly seconded, its adoption: ORDINANCE NO. 2731 ENTITLED "ORDIN NCE OF THE COUNCIL OF THE CITY or PALO ALTO AMENDING ¶NE BUDGET FOR FISCAL YEAR 1973-74 TO APPROPRIATE $14:757 TO PROVIDE FOR THE ACQUISITION OF LA.'S) FOR A WALKING ACCESS ROUTE TO MITCHELL PARK FROM CHRRLES`ION ROAD" and that Council finde no significant adverse environmental effect. Councilman Berwald recalled the great debate over the entrance to Jordan tichool and wondered if this pathway would have the same drawbacks. It will be a long, narrow easement, and at night it will pose the sane sort of security problem that existed at Yordan. City Manager Sipel said he did not think there could be any guarantee offered that it will not create a problem. Staff feels this is the best solution to the problems that presently exist and will do everything possible in the design to keep it from being too much of a problem. One difference is that there are not r4aidences abutting this walkway. 0 8 6 8/6/73 back to the home after school. The Task Force is interested in having homes that have a city relationship when school starts this fall. They are hoping for the fee reduction and expect more homes under a city re- lationship than have ever existed before. Home care is truly exceptional care and can be related to the kind of care any of us give our own chil- dren. Councilman Beahrs asked if there has been criticism of this kind of ser- vice and if there had been minor nusiances in the neighborhood. Mrs. Debts responded that the only instances were where women were operating homes not related to any county license at all, but just taking in chil- dren. The coun:.y has a regular evaluation of day care homes. Everything in child care is regulated by state government. There are regular inspec- tions, some of which are announced and some unannounced. Councilman Beahrs asked how often these facilities are inspected, and Mrs. Debs said that they are inspected four times a year the first year as a minimum. Councilman Sher asked the purpose of the city relationship to the day care homes. He wondered if it were for the purpose of safety. Mrs. Debs replied that the state has a new fire inspection requirement which the counties axe supposed to carry out. The Task Force would like to have a r:ity inspection and regular inspections that would .not be dependent upon state or county. Also they would like to have a central referral service and an associatio=n of day care homes in the area. - In reaponse to a question from Councilman Clay, Mrs. Debs stated that the city has no control over county licensing of day care homes in Palo Alto. A day care home mother applies to the county for her license, - The neat step is where the nark Force would like to have her related to the city as well. Councilman Clay expressed concern over the inability to arrive at a rea- sonable projection for the number of homes. Mr. Walker commented that the point is that the city is more likely to know where the homes are and how many children are in them if a use and occupancy permit is the only one which the operator has to acquire. Now there is an avoidance of any city process at all because of a use permit requirement. If the fee and use permit requirement are eliminated, more people will come and file for use and occupancy permits at a $5 fee. Then the city will know more about how many homes exist and the number of children invol- ved. Vice Mayor Pearson commented that what the Planning Commission has done was remanded unanimously by the Policy and Procedures Committee. That See p. 123 was to ask the Planning Commission to go through the process, hold pub- lic hearings and come to Council with the proposed ordinance. The Policy and Procedures Committee also recommended that the occupancy fee be re- duced. A certificate of use and occupancy is held by all businesses, ar4 they are inspected every year. The Child Care Task Force people came before the Policy and Procedures Committee and asked that these restric- ts be addressed by the Policy and P eocedures Committee and Planning Commiss$on. She said it was difficult for her to get upset about a day See p.123 care how being established in a residential neighborhood when there is a maximum of six children, including that particular mother's own chil- dren. Citizens in the neighborhood always have the right to complain to the city. She said she favored the ordinance. 0 8 3 8/6/73 AMENDMENT: Councilman Berwald moved, seconded by Clay, that the process of establishing day care homes include advance notice to immediate neighbors with a reasonable waiting period to enable protest to he filed and fairly considered. Councilman Berwald stated he was not worried about the day care center home of six children, but he was concerned that there might be a home of six children and one across the street that has ten, and that might become a problem. He expressed concern about the fact that it has been the practice of this city to do whatever it can to improve communications with citizens. One of the essential principles which is involved in human relations is to advise people wherever possible of changes which are going to affect them. He felt that the child care program would have a better chance of succeeding if the city went through the courtesy of advising people that there is going to be a day care center in the neigh- borhood. V' a Attorney Stone summarized his understanding of the amendment to t:., ordinance that it would require certain notice to the immediate neighbors of the request for a building use and occupancy permit. The matter would be considered) administratively by the department issuing the use and occupancy permit, and whatever comments neighbors had would be given to that department, and the department would issue or not issue based on public input. He thought there would have to be incorporated some standard for the decision of the administrator in this retard and also provision for no administrative appellate procedure. City Manager Sipel said he would like to get some guidelines as to what the grounds night he for denying the permit other than not meeting the use and occupancy standards. Councilman 8erw,'ld responded that neighbors would still have recourse through the Palo Alto Municipal Code with regard to nuisances, noise, etc. Also people could come to the Council. One of the grounds for denial might be that there are a number of day care homes in that neigh- borhood. The physical condition of the adjacent resident might be of such a nature that it would wrongfully deny that person enjoyment of his property to have a nursery next door. Hs said his motion did not, include anything except a notice to neighbors and an opportunity for the protest to be filed and fairly considered. Councilman Henderson commented that Council would have to establish guide- lines for the staff to work under or waive the use permit procedure. Councilman Sher stated he thought that what was being suggested was a new type of procedure. It Is not a use permit, and it is not a certificate of use and occupancy. if the Planning Commission did not consider it, and if it is desirable, Council should send it back and start over. Councilman Beahrs asked if Councilman Berwald's standards would be sup- erimposed on those already required by the stag and county levels. He asked what was added. Councilman Berwald responded that the county does not provide for the immediate neighbors to know what is going to happen to them before it happens. The amendment failed on the feallowina vote: AYES: E.ahrs, Be rweld, Clay HOES: Comstock, Henderson, Pearson, Rosenbaum, Sher 0 8 4 8/6/73 Assistant City Attorney Booth replied that the day care home of six or fewer children would not have any appealable process. It is felt by the state to have a minimal impact. There are no employees. The recommen- dation of the Planning Commission, after listening to the testimony, was that these be removed from the use permit rearuirement. There are a large number of these homes in Palo Alto at the present time which have not obtained a use permit. The other two types of facilities which have employees and other standards to :meet would still require the full use permit hearing. Councilman eerwald asked what advantage there is in not having the use permit process. He could see lowering the fee, but he could not see reducing the rights of the public. He could only assume that the reason for doing this is so that the public has less rights and would be less effective. He said he was not objecting to day care homes. Planning Director Knox responded that one of the problems that would come up in the use permit procedure is the city would expect something like thirty permits a year. Staff simply does not have the number of employ- ees to handle that number of applications administratively. Testimony from the Planning Commission indicates there are a number of such homes that are operating without benefit of use permit procedure. They would be brought into the open and would be watched carefully by the certifi- cate of occupancy permit procedure. It would be more beneficial to have these hones listed with t1 -:e Buildir;o Inspection departrunt. Councilman Berwald felt that re ucinq the fee would get them out from underground. He asked if they could be kept under the use permit pro- cess but still have the $5 fee. Mx. Knc»: responded that there could :bye a lowering of the fee for the dal= care home, but the nutter of permits staff would anticipate could not be processed administratively. Hearings involve a laborious process of holding a hearing and keeping minutes. If the kind of load that was in- dicated materialized, staff would not be able to handle it without an additional zoning administrator. Mayor Comstock asked what controls are being exercised in the case of the use and occupancy certificate, and Mr. Knox responded that it invol- ves building and fire and safety inspection. Exits would be looked at to be sure they wing properly. Any wood used would be of a fire retar- dant nature. It would be more stringent in the day care center than for the day care hose because of the number of people. Councilman Berwald stated he could not understand because of administra- tive convenience denying to the residents in the neighborhood the right to be heard and be forwarned of a change in the traditional use of a single-family residence. It is not a normal uee in a single-family zone. It is a small business. He stated he had no objection to reducing the tee, but it exhibits an indifference to the opinions of residents and the opportunity to know in advance what is going to affect their lives and the neighborhood. He said he thought there should be some provision in the certificate of use and occupancy for advertising. He felt that the city would be arbitrarily changing the character of a neighborhood while at the same time taking from the neighbors the opportunity to know in advance and appeal. He wondered if eamethinu could be +,marked into the system without imposing tremendous burdens on staff. D 8 1 8/6/73 Councilman Clay asked if the 44 homes now licensed in Palo Alto have use permits. Assistant City manager Charles Walker responded that they all have use permits. The county notifies the city. However, there are day care homes that are not licensed, and there is no wav of finding out where they exist. Councilman Clay noted that some time in the future a hoard will be set up to look at day care centers generally. Among the thines to look at would be the issuance of use permits and the cost for such permits. He felt that the proposed ordinance was prer.ature in the sense that it probably preempts some inputs, suggestions or directives that the Child Care Board may want to set Up. Mrs. Gordon commented that the intent of the Planning Commission was that this would fulfill some interim needs. The urgency was testified to at their meeting relative to this kind of accommodation to facilitate the increase of day care homes and to bring to the surface some of those that are now operating without the proper city certification. It would in no way preclude future action on the part of any board that might be reviewing the total picture. The Planning Commission anticipates a com- plete review of the zoning ordinance in about a year. This is an interi.*t measure. Councilman Clay commentei that the interim measure ray cause a good num- ber of homes to he set up prior to the estahlis`� sent of the Child Care Board. Mss. Gordon agreed that right harp n. It was the testimony that hopefully this would enable those that are now in operaticr. to be certi- fied by the city so there would be greater perusal. It would also af- ford an opportunity to look at education and it .rove the level and Qua- lity of service. Councilman Clay said he saw thi3 a,, further preempting action of the Child Care Board. It will be set up to look at the whole problem and should be set up prior to a large number of additional horses being established. Councilman Beahrs agreed with Councilman Berwald's arguments about vio- lation of the procedural rights of the g-1 neighborhood. Pe noted that the Planning Commission minutes quote Mrs. Debs' comments abut the trend being more toward home care and away from chile care center care. It gets away from the institutionalizing of childhood. He was not unmindful of Councilman Berwaldes feelings, and said he wculd like to have someone describe a home center. Virginia Debs, 3145 Flowers Lane, commented that there is now county licensing for firstly day care homes. This is the county acting as an arcs of the state government. Three children may be taken in without a use permit requirement. What is being recommended is that six chil- dren be allowed rather than three, and the six include the mother's own children up to the age of sixteen. '!'here are few day care others who do not have children of their own.The city knows that there are more county licenses fot the area than there are use permits for the city. The $100 fee is a major item. For many families venturing into day caret titse formalities of a use: permit seem threatening. The Task Force wants to en- courage more day care home use that is out in the open and has a rela- tionship to the city. The Task Force has been focusing on two kinds of care —center care and family care. In the project for the next year, the Task Force hopes there will be as many children receiving care in homes that have not been receiving care before as there will be children in centers that have not been receiving care before. Day care homes are an integral part of the whole picture. There are no plans for after school care that would be center care. The older children could come 0 8 2 8/6/73 MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes be approved as revised. The motion passed on a unanimous cote. Resolution of Apprecfation to Peter G. Stone MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption, RESOLUTION NO. 4802 ENTITLED "RESOLUTION OF Tim COUNCIL nF THE CITY OF PALO ALT EXPRESSING APPRECIATION To PETER G. STONE FOR DISTINGUxsM T SERVICE AS CITY ATTORNEY." The resolution was adopted on a unanimous vote. Planning Commission Chairman Mary Gordon stated she wished to take the opportunity to thank City Attorney Stone on behalf of the Planning CaM- mission for his great support and advice through the years. Request of Alpha Land Com nv for to 77'T man A.tl onio MOTION: Mayor Comstock rived, seconded by Pearson, that Council grant the request of Alpha Land Company for an extension of the P -C develop - rent schedule applying to 777 San Antonio Avenue (144 condominium units of which 14 will be leaned under section 23) and introduced the follow- ing resolution: RESOLUTION NO. 4803 ENTITLED "RESOLUTION OF THE COUNCIL OF THE my OP PALO ALTO AM ND/NG ORDINANCE NO. 2711 TO EXTEND TRB DFVF'Lt P-- MENT SCHEDULE FOR THE P -C DISTRICT AT 777 SAN ANTONIO AV'FNLT-E . " and Council finds that this project will have no significant effect upon the environment. The resolution was adopted on a unanimous vote. est of G79 • .1 Li - hth use c :urch e o t ; r►'. ' ,r: on o .venue POTION: Mayor Cmstock moved, seconded by Pearson, that Co.incil grant the request of Gcspei Lighthouse Church for an extension of the P -C development schedule applying to 535 San Antonio Avenue (housing for the elderly) and introduced the following resolution: RESOLUTION N0, 4804 ENTITLED *RESOLUTION OP THE COUNCIL OF THE CFTY OF PALO, ALTO AYZNDING ORDINANCE NO. 2568 AS AMENDED '9Y RESOLUTION NOS. 4500 ANT) 4632 TO FURTHER EXTEND THE DEVELOPMENT SCHETULE FOR THE P -C DISTRICT AT 535 SAN ANTONIO AVENUE," and Council finds that this project will have no significant effect upon the environment. 0 7 9 8/6/73 The resolution was adopted on a unanimous vote. A lication of M. W. McFall and Associates na v s on a s -%rte" a -" 8 i rue a venue MOTION:, Councilman Sher moved, seconded by Henderson, that Council ap- prove the application of M. W. McFall and Associates for a final subdiv- ision map (7 lots) for property located at 4201 Manuela Avenue, being a portion of Lots 9, l0, and 11, Fruitdale Subdivision and that the sub--- divi sion contract be entered into as approved by the City Attorney and appropriate bond posted, and find that this project will have no signi- ficant effect on the environment, The motion passed on a unanimous vote. Ordinance Exem tin Da Care Homes se Perm rocess, cru r C'er iiica e o se an cu •anc , an Est a s in A� 1�cati.on Fee i 'laClellee?1tlB fafeaRi MOTION: Vice Mayor- Pearson introduced the following ordinance and roved, seconded by Beahrs, its approval for first reading; "0RDIflAYE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENT)1Nq VARIOUS SECTIONS OF TITLE lB (ZONING) OF THE PALO ALTO MUNICIPAL CODE TO DEFINE VARIOUS TYPES OF CHILD CARE FACILITIES, TO CPANC1E THE FFE FOR A USE PERMIT FOR FAMILY DAY CARE HOMES (7 TO 10 CHILDREN), AND TO REMOVE THE REQUIREMENT FOR A USE PERMIT FOR DAY CARE HOMES (6 OR FAR CHILDREN) " and Council finds that there would be no significant effect upon the environment. Co'alnciiman Herwald stated that he had a number of questions about this ordinance. He thought that if it passed, there would be a nu r of questions the public would have. He was surprised that there was not a majority opinion that this should be discussed a great deal more, par- ticularly in committee, before Council acts. He realized this had re- ceived a rather unanimous vote by the Planning Commission, but as he read the minutes of the Planning Commission, this change in the ordinance would actually allow a day care home to go in any place in unlimited numbers in Palo Alto without the public having any advance notice in terms of having a hearing, because it is exempt from the use permit pro- cess. The certificate of use and occupancy is not really anything more than staff examination. He asked if It could be appealed, Also, the family day are his which are for 7 to 10 children and day care centers, are not affected by this particular action. He said it would seem to him that a day care home of six children is different from a sim le fam- ily R-1 use in the city, and he certainly felt strongly about family day care homes, but he asked what protection a resident has other than waiting for excess noise or excess children before filing a complaint. What righta that he has now are being taken away from the citizen who might want to complain. 0 8 0 8/6/73 John Thiemann, 3458 Greer road, president of the board of the Palo Alto Unitarian Church, urged Council to pass the easement. Robert Hill, 2950 Alexis Drive, vice president of the board of trustees of the Unitarian Church, urged passage of the ordinance. Councilman Clay noted that it is a short block between Middlefield Road and Nelson Drive, and asked if the traffic signal would be in operation at all times. Traffic Engineer Noguchi responded that because the sig- nals are close, the two would be interconnected so that there will be full coordination between the two signal lights. It will be in opera- tion twenty-four hours a day. The ordinance was adopted on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Pearson, that the Mayor be authorized to execute a contract with the County of Santa Clara in the amount of $6,950 for a walkway easement. from Charleston Road to Mitchell Park The motion passed on a unanimous vote. MOTION: Councilman Berwald moved, seconded by Pearson, that staff be instructed to provide adequate lighting for the safety and security of users of the easement. City Manager Sire' commented that lighting in the park is anticipated as part of the other project which Councilman Henderson referred to earlier which is funded from another portion of the Capital Improvement Program. If this particular easement is to be lighted, staff may have to ask for additional funds. The motion passed on a unanimous vote. Councilman $eahre asked the distance of the easement from Stevenson House and the church, and Mr. Sipel replied it is within fifty feet of the church and adjacent to the church property. MOTION% Mayor Comstock moved, seconded by erwald, that Council direct staff to proceed with the necessary improvements, including the instal- lation of a traffic signal at the intersection of Charleston Road and Nelson Drive. The motion passed on a unanimous vote. Consideration of Retention of loll- s-- Boa a na reet MOTION: Councilman Henderson moved, seconded by Pearson, that item 15 be considered out of order at this time. The motion passed on a unanimous vote. 1ndrea Powers, 2843 Ramona Street, presented a petition requesting the retention of the roll -type curbs and , film presentation depicting the adv4antagest of roll -type curbs over straight curbs. Alys P. Putters, 2929 Rana Street, addressed Council requesting the retention of the roll -type curbs. 0 8 7 8/6/73 Mayor Comstock noted that Council had received a memorandum from Councilman Henderson on the subject and also a letter and petition signed by the residents of the 2800 block of Ramona Street. Councilman Henderson said he realized this subject was discussed at great length a few years ago. However, he did not have an opportunity to par- ticipate in the discussions at that time and was much impressed with the presentation this evening. There are several possibilities such as leav- ing the ordinance as it is, changing back to roll curbs, or in some wav giving residents in particular neighborhoods a choice. MOTION: Councilman Henderson moved, seconded by Pearson, that Council refer to the finance and Public Works Committee the subject of types of curbs allowable in residential areas. City Manager Sipel commented that he was not prepared to speak this even- ing on how this affects the schedule of the street projects, but he noted that staff is about ready to embark upon the design of several projects. Unless this subject is taken up at an early date, it could result in a slowdown of those projects. Councilman Henderson responded that the finance and Public Works Commit- tee could assess it at its meeting of August 14. Councilman 8eahrs stated that the film presentation was artful and delight- ful, but some of the scenes depicted violated a number of basic safety rules in making the 2800 block of Ramona Street a wide opera play yard. Perhaps that street does not carry too much vehicular traffic, but he thought Council should give exhaustive studies to roll -type curbs com- pared to straight curbs. The motion passed on a unanimous vote. (Council recessed from 9:05 to 9:25 p.m.) 4401:4===IFs.a2.1 : Mayor Comstock noted that a report had been received from the City Mana- ger with a series of recommended actions. Susan Byrom, 75E Escondido village, representing r,scondido council, ad- dressed Council urging immediate implementation of the plan. James Culpepper, 2121 Amherst, chairman of the College Terrace Residents' Association Council, addressed Council urging implementation of Plan 6 on a trial basis. Tom Myers, 2250 Amherst Street, addressed Council requesting that Plan: 6 be implemented and that at least four to six months be allowed before determining final plan. Cal. Gillard, 2120 Amherst Street, stated he hoped future traffic chal- lenges could be met in the spirit of experimental action as proposed now. 0 8 8 8/6/73 Dave Wright, 244 Oxford, chairman of the Steering Comittee of Central Palo Alto West, favored the proposal and asked Council to consider the possibility of a moratorium during the experimental period so that large office and commercial developments do not occur. Oscar Nelson, Stanford University Planning Office, read a letter from Robert Augsberger, Vice President for Business and Finance, giving Stan- ford's comments on the Immediate Action Program, the Short -Mange Action Program, the schedule for items which are the university's responsibility and recommending that the study receive favorable action. Councilman Henderson commented that he understood the southern portion of Campus Drive that connects onto Mayfield is to be completed in 1974 out to Junipero Serra Boulevard. Mr. Nelson confirmed that it will tie across from Alvarado Road to Mayfield, and they will use Mayfield up to Junipero Serra Boulevard. Councilman Henderson asked if it would be widened around Mayfield so that it becomes similar to the rest of Campus Drive. Mr. Nelson said the proposal is to build one barrel of the ultimate two -barrel road, and the one barrel will carry two-e,ay traffic for the time being. Councilman Henderson further commented that he understood that funding w +s on hand for the completion of the northwest portion, the general area of the Medical Center out to Los Arboles and that it is a matter of sched- uling the work. Mr. Nelson replied that is basically true, except the funds which were allocated five: years ago are inadequate now. Councilman Serwald asked when the additional $50,002 funding is expected to enable construction to proceed. Mr. Nelson said they do not have a timetable. The medical school and hospital expansion will warrant a fresh look at the road and the need for it. In response to questions from Councilman Henderson, Mr. Nelson stated that the link of Quarry Road to Canopus Drive is now under construction. The right of way from Alvarado will be cleared by winter; construction will begin in 1974, and will be completed in 1975. Ceunci b.an Henderson stated that if Mayfield remains a two-lane road, there will not be any better access into it in terms of left turns in and out of Mayfield. It will not help the traffic situation for people who might come through the campus and turn left on Junipero Sorra and use that route rather than College Terrace. Mr. Nelson replied that Junipero Serra is a county road. Stanford will work with the county on analyzing the need for possible remodeling of the intersection of Mayfield and J niper° Serra. Councilman Henderson commented that that would help the accident count and would alleviate the traffic problem. He felt it would be many years doom the line before there would be any easement of that traffic situation by the completion of C +us Drive. Vice Mayor Pearson asked if Stanford had given any consideration to open- ing the part of Quarry Road connecting to El Camino Real. Mr. Nelson said that is not involved in the present project. Quarry Road is a city street, and El Camino Real is a state highway. ©8 9 8/6/73 Henry Fuchs, 836 Lathrop, pointed out some disadvantages to the proposed plan and suggested that the city try to persuade Stafford to open the campus to more through traffic. Councilman Rosenbaum commended Mr. Noguchi for a remarkably complete re- port. He said he has the impression in connection with this study that the city has gone overboard, and he has serious concerns about some of the proposed short-range action programs. The subject of the interchanges at both El Caar_!no and Foothill has never been discussed by this Council. The same thing might be said about the six lanes on Page Mill Road. There are serious implications to doing that. Regarding the suggestion about trying to improve traffic on El Camino Real, the requests the city he3 made to the state in the recent past have been in the opposite direc- tion in that the city has asked for more tee r'3 signals on El Cassino Real. Before Council does anything, he felt . s short-range action pro- gram should go to the Policy and Procedures Committee and also thought - alternative Plan 6 might benefit from some committee discussion. However, since people seem to be already informed about this plan, perhaps Council could authorize staff to go ahead on a trial basis and report. MOTION: Councilman Rosenbaum moved, seconded by Pearson, that Council authorize the immediate action programme as indicated on page 7 of the staff report which involves .a field test and evaluation of alternative plan 6. See p. 123 Vice Mayor Pearson stated she agreed with residents that it is a tentative solution to a heavy problem. In looking at H-6 and the various street closures, she asked how traffic would be prevented from going from Han- over down Stanford Avenue to El Ca ,ino and aiso going out to the west on Stanford Avenue. She noted that 'peered to be one street that would remain heavily trafficked by conuterS. Mr. N guchi responded that staf attempted to address itself to major r ve,::ents rather Chan minor ones. Hanover to El Camino Real is minor. Staff att*opted to reach a reasonable compromise in trying to deal with tbcongh traffic problezrs. The motion passed on a unanimous vote. MOTION: Councilman Rosenbaum moved, seconded by Berwald, that the short- range action program described on page 7 of the staff report be referred to the Policy and Procedures Committee. Councilman Berwald commented that he seconded the motion, because he thought it was cos ethire to discuss, but he would like to hear from staff and would be concerned that staff might feel Council sac going to change its previous instructions to theca with respect to interchanges. Re said he was not sure this was not a major reversal of what Council agreed to do before. Councilman Sher commented that he had reservations about limiting the referral to the specific proposals awe by staff under the short-range action program. Nothing is said about public transportation or working with employers about alternatives to the autosbrle. He said he would like to see the referral more open eroded. Councilman Rosenbaum agreed that Councilman Sher`s ideas were good, but he thought they would receive more attention and publicity if they were brought up separately and referred. 0 9 0 8/6/73 Vice Mayor Pearson said the committee would undertake the assignment and would go one step farther and decide if there are other solut4ons. She said she did not remember Council's discussing Foothill Expressway inter- change at Page Mill. She did remember discussion of Page Mi)1 and El Camino Real intersection. It has been a cumber of years, and it needs review, since there were omissions like pedestrian access, bicycle paths, etc. The committee is supposed to identify ways and means of improving traffic in the California Avenue business district. That is another whole problem that does not relate to the College Terrace area. She said she would like to have that one left out. The motion passed on a unanimous vote. MOTION: Mayor Comstock moved, seconded by Henderson, that Council find this project has no deleterious effect upon the environment. The motion passed on a majority voice vote. Anal sis of Draft Environmental Irr et Statement for Dumbarton Bridge Red acement (CMS? : S36:3 ) Mayor Comstock conplir ented staff on the report which covers in detail the impact report sent to the cLty. Alice Fyten, 3479 Ross Road, addressed Council regarding the p' or flush- ing action of the South Say and read a prepared statement. Joyce Leonard, 4107 Sriarwood Way, representing AAUW, read a statement supporting Cous,ct1 in rejection of the westerly approaches at E'mbarcadero Road and University Avenue. Vice Mayor Pearson referred to page 16 of the staff report and asked if Council would be saying that if the Metropolitan Transportation Commission says that the Dumbarton Bridge is a great idea that Council is going to capitulate and agree. Councilman Henderson said this had been bothering him all along. It seems to be what Council has been saying. He stated that no way would he go along with it, and he thought Council should take a stronger stand. Vice Mayor Pearson noted that the Environmental Protection Agency would be- meeting on August 8 in San Francisco to hold a hearing regarding the Clean Air Act of 1970. One of the rules of that act has to dc, with the necessity to get a permit before various things are built. She felt this should appropriately apply to the Dumbarton Bridge. She said she would ask Council to support the views being given by the EPA for California regarding bicycle and suggested this also apply to Page Mill Road and the Dumbarton Bridge. The EPA is trying to reduce the number of vehicle smiles traveled in California. She suggested that one of the mean; is not to provide any more treat/um expressways, or bridges. She suggested this be presented before the EPA. :she also thought it could be impor- tant that the HCDC give an objective environmental impact report on the Dumbarton Bridge. She did not think the present report was objective, because it was developed by the Bay Toll Bridge Authority whose vested interest is to build bridges. She said she would not sit back and let the V= tell her she had to accept the bridge. See P. 123 0 9 1 8/6/73 MOTION: Vice Mayor Pearson moved, seconded by Comstock, that Council reaffirm to all appropriate federal, state, and regional agencies, par- ticularly the Environmental Protection Agency, its position regarding the Dumbarton Replacement; and (a) that the Palo Alto City Council con- vey to the California State Toll Bridge Authority its disapproval of the present concept of the Dumbarton Bridge and its opposition to the pro- posed western approaches; (b) that the `,ity Council ask the state legis- lature to grant to the MTC authority for final approval or disapproval of ail regional transportation systems, specifically including the Dum- barton Bridge; (c) that the Palo Alto City Council memorialize pu;,lic agencies in the !ftC region to support the legislative granting of this authority to the MTC. Councilman Henderson referred to the phrase on the end of "b" specific- ally including the Dumbarton Bridge, and said he would like Council to state its opposition to the bridge. SUBSTITUTE LION: Councilman Henderson raved, seconded by Sher, that Council reaffirm to all appropriate federal, state, and regional agencies including EPA, its disapproval of the present concept of the Dumbarton Bridge and its opposition to the proposed western approaches. Councilman Berwald spoke in opposition to the notion. He said he dirt not know if Council were going to continue to change Council and city policy week by reek. This was discussed in two long sessions. It was agreed upon that a, b, and c were Council's position, and ha could not see that the substitute motion did sAythir:g but weaker, the city's posi- tion. It rakes it difficult for the staff to try to read Council's r'1r3d. Councilman Beahrs said that he knows that in general principle Council is in strong opposition. He expressed concern because he does not knew what it takes to override this body and w o id like to think that possibly there are some alternatives that might be proposed. He said he would like some idea of some action programs that could bear fruit as he did not think Council would get mooch sympathy unless it came up with some better points than a constant vote of no. See Page 123 Councilman Clay stated he would not take such a strong opposition to either the bridge coming through or the approaches. East Palo Alto and the east'of-Bayshore community are concerned about the bridge and their needs are quite different from those of Palo Alto. He said he was not willing to accept the fact that geographical boundaries are real boun- daries so that Palo Alto should not be concerned about their needs and interests. They have put together a report with great labor in an at- tempt mpt to improve that community economically and to make it economically viable. Council can he selective about the industry or the commercial developments that it approves or rejects, but in doing that it is not being cognizant of the fact that these are people and a community whose concern it should be aware of and as considerate of as people in parts of Palo Alto. He did not know if Council could prevent the hridge µ e coming through no matter what it does. The east--of-Bayshare commenity has said it does not want the four approaches that have been mentioned, because they cut up the community. Presumably meetings between Palo Alto and east-of-B?ayshore bodies have taken place before and he would like to see that happen again. Re said he would not reject the bridge or the approaches until he gets more input. Councilman Sher commented that the immediate question is should the posi- tion of the City Council be reaffirmed. He said he was not on the Coun- cil in January of 1973 when the action listed in the report was taken. 0 9 2 S/6/73 He thought it clearly was a matter of strategy on the part of Council at this time. At this time the strategy is not too good to give final and binding powers to MTC. That not only applies to construction of the bridge but also implicitly the western approaches. Even if the bridge is approved, Council reserves the right to consider what is best for Palo Alto regarding the western approaches. It is important for Palo Alto at this time to make a clear statement that it still opposes the concept of the Dumbarton Bridge. At this time other bodies are beginning to see what Palo Alto saw before. Some momentum is developir..q now against the bridge and perhaps the legislature can be prevailed upon to reconsider the matter in some way. The substitute motion passed on the following vote: AYES: Beahrs, Berwald, Henderson, Pearson, Rosenbaum, Sher NOES: Clay, Comstock MOTION: Vice Mayor Pearson moved, seconded by Berwald, that council recom- mend that no approval ahoul.d be granted for the bridge's replacement: un- til a?.1 transportation issues for the South Bay Area have been evaluated by the Metropolitan Transportation Commission. Councilman Beahrs asked Vice Mayor Pearson to elaborate on her intention. He wondered if she were talking about public transportation or hi.n'Iway systems, expressway systems, etc. Vice Mayor Pearson responded that she was talking about the fact that the MTC should address itself to whether or not there should be a mass transit system across the bridge -- the whole bit. Councilman Beaters asked what about Willow Expressway, for example. Mere is all alternative that might have to be looked at again. He hoped the notion would be so broad in its intent that all related problems could be woven into this fabric. He said he wanted it understood that the mo- tion was not limiting it to buses and BART extensiodce. Councilman Clay stated that if the motion says that nothing should be approved until there is a plan that looks like it would work, that is fines. If this is mother way of saying let's not put the bridge in, then he would not favor it. He asked if it should happen that the western approaches come to be, does Council intend to be part of this general planning? Mayor Comstock replied that staff is talking about the charge to the MTC which is to develop a total transportation plan which takes into account rail, water, and surface transportation --the whole matrix of airports and airport access --a comprshena sive integrated tranaportation development and then produce a plan which leads to priorities. Staff is saying in par- ticular the South Bay Area is part of this plan and these issues between freeways, expressways, rail systems, etc. be reeelved and priorities set in than master plan.. Councilman Sher cc, me that he basically favored the second part but worried a little about the language that Co:rncil recommend that no appro- val be granted Wen it has already been granted by the legislature. What Council is saying is that the bridge Should not be constructed or a.ppro- val should be reconsidered pending approval of a transportation plan for the South Bay by A. The notion passed on a unanimous vote. 0 9 3 8/6/73 MOTION: Vice Mayor Pearson moved, seconded by Berwald, that Council re- quest that the locations of the westerly approaches and alternative trans- it services for the corridor must be resolved prior to approving any plan for the bridge's replacement. Councilman Henderson expressed concern with the words "must be resolved." He said he could foresee the legislature's deciding to remove the city'', powers to stop approval. AMENDMENT: Councilman Henderson moved to add "and that any consideration of an Erabarcadero Road approach to Palo Alto include plans and costs for a new interchange connecting Embarcadero Road to Oregon Avenue." The amendment died for lack of a second. Vice Mayor Pearson also expressed concern about "must he resolved prior." She noted that Menlo Park did ask that the power of the city to disap- prove approaches be removed. She wondered if it would be better to gav that the alternative transit services for the corridor must be approved by the cities that are affectedi prior to approving any plan. . ." Mayor Comstock suggested that all kinds of things can happen when the issue is opened in front of the legislature. There is a likelihood that some of the legislators who represent Palo Alto may be on the scene to take the initiative in some of the actions Council has taken positions on before. Anyone who tries to reopen this issue in the legislature suffers exposure of review of these processes. He felt the most impor- tant thing for the Council to do is make its position on the entire trans- portation planning ,process clear. He said he did not second Councilman Hendereon's motion because )e is not prepared to admit to any desirability of an Embarcadero connection. Vice Mayo:. Peareo:t responded that it could be resolved by MTC or the legislature or anybody else. It doss not say that Council has any say. She stated she wished to reaffirm t?,,at she has the ability to say no on the western approaches. CHANGE OF MOTION: Vice Mayor Pearson moved, seconded by Berwald' that Council request that the locations of the westerly approaches and alter- native transit services for the corridor must be approved by the juris- dictioses that ars affected prior to approvinee any plan for the bridge's replacement. Councilman Clay asked Vice Mayor Pearson to elaborate on which jurisdic- tion*, and she responded that she wanted to be able to say that she did not like the western approaches whether it is University Avenue or r- csdera Road, as well as the other coomunitiee that are affected by Marsh Road oz Willow Road. Councilean Beahra Commented that he wished this were salable, but he still had great reservations. Menlo Park has already gone to the legislature in an effort to cram this down Palo Alto's throat. They have not been cooperstive, notably on the Willow Expressway. That is going to be the solution ultimately. The changed motion passed an a unanimous vote. 094 6/6/73 Planning Director Knox observed that Council's actions are simply a reaffirmation of actions previously taken. There is a thici: environ- mental impact document which has provided the reasons for this position. New judgments and new decisions can be made based on this report. The question of approval is raised again when an environmental impact report of thin nature and depth is produced. MOTION; Vice Mayor Pearson moved, seconded by Henderson, that Council request the Division of Bay Toll Crossings to include in its final re- port the changes and further studies suggested above. The motion passed on a unanimous vote. MOTION: Vice Mayor Pearson moved that an objective environmental impact report be prepared by a consulting firm which would have no vested inter- est, such as the Bay Toll Crossings. The motion died for lack of a second. Councilman Berwald referred back to part b of the original motion and said that he feels strong that Council should be consistent and that there should be added some caveat that Palo Alto reserves the right to exercise its own municipal authority to determine what is in the best interests of Palo Alto, particularly regarding western approaches of the Dumbarton Bridge. MOTION: Councilman Berwald moved, seconded by Comstock, that the City Council ask the state legislature to grant to the MTC authority for final approval or disapproval of all regional transportation systems, specifi- cally including the Dumberton Bridge; however, the City of Palo Alto reserves the right to exercise its municipal authority to determine what is in the best interest of Palo Alto, particularly with regard to westerly approaches of the Dumbarton Bridge. Mayor Comstock commented that he thought that right was understood in everything Council does. What Council is really doing with MTC is developing good planning. Councilman Sher stated that with the phrase added by Councilman Serwald, he wa* prepared to eupoort the motion, because he favors MTC having review power. Zeis affiri 4 that the legislature should not have done what it did, The notion passed on a unanimous vote. est from All faints' E,iscopal Church NaTIOM: Mayor Comstock moved, seconded by Berwald,, that the request from All Saints' Episcopal Church for relief from assessment be continued for one week. Ma motion passed on a unanimous vote. Report of Cit Attorne MOTION: Mayor Comstock moved, seconded by Sher, that item 14 be consid- ered out of order at this time. The motion passed on a unanimous vote. Mayor Comstock called on the City Attorney to give a synopsis of the back- ground of this issue and a summary of streets where there is a recor :er:-- dation that speed limits be changed. Assistant City Attorney Steve McMorris reported on constraints and alter- natives available to Council as contained in the report. He noted that state legislation became effective in March which defines "speed trap." All the streets listed in the ordinance have been surveyed. If such en- gineering and traffic surveys establish a speed which varies from twenty- five miles per hour as a limit, the speed limit must be set to coincide. Otherwise radar cannot be used to enforce speed on that road. He then outlined the changes proposed in the ordinance. Vice Mayor Pearson commented that people drive over twenty-five miles per hour; therefore, the speed limit is raised. Because there is speed, Coun- cil has to raise the limit. Mayor Comstock stated that e'en with the street posted at twenty-five miles per hour, there will be times when a citation will be given for a car going thirty. It may not result in a judgrse.lt against the driver because of existing conditions when he was cited. If Council wants to keep the street posted at twenty-five, the police cannot use radar: on the affected streets. Mr. HcMorris said there are two misconceptions. Many people believe that the city through its legislative body has inherent and local power over speed limits. Actually the state has overall control. The other is that most people think that by raising the speed limit, that will encourage and allow greater speeds on city streets. That should not be the case. The basic speed limit set forth in the vehicle code is applied by traffic officers. Twenty-five miles per hour is not an absolute limit. An offi- cer can determine that a safe speed can be thirty or thirty-five miles per hour. Posting a street at thirty-five will not change the safe and prudent speed to forty or forty-five. The basic speed law will be applied as it is now. If the safe speed is less than the posted speed, an offi- cer can cite, because it is a violation of the basic speed law. Councilman Rosenbaum referred to the ceesment that the speed limit night in reality not be raised, and asked if there is really any control over how a judge weight interpret citations. Mr. McMorris responded that if the officer articulates the reasons and_ if the city does have speeds that are justified by engineering and traffic surveys, it would have eviden- tiary effect before the court, Responding to Vice Mayor Pearson., Mr.Noguchi recited the section of the Vehicle wee defining engineering. and traffic: surveys. He said that staff had looked at segments of the streets where they vary in width, whether there is or is not a bike lees, In many instances, staff has brought down the speed limit recommeedation, as it has been found by the normal speed surveys alone and coupled with accident meaeure meats. that speed 'Amite should be lower than what was actually mea- sured in the field. o 9 s 8/6/73 Councilman Sher referred to Mr. McMorris' comment that the city does not have inherent power to set speed limits and asked if it were not true that before this new law, the state deferred to cities in allowing them to set speeds and use radar enforcement. Mr. McMorrie responded that there have definitely been changes. The state law was silent as to the use of radar. He suggested that work might be done to get tho law changed. Councilman Sher referred to the engineering studies and said that people would get up and tell Council about factors on particular streets where they do not agree with indicated speedo. After hearing these, he asked if it would be possible to go back and review the engineering studies it light of those factors. Mr. Noguchi indicated that could be done. The key is the statement of roadway conditions not readily apparent to the motorist. Sharp curves are considered. Councilman Sher asked Chief Zurcher if the indicated speeds as shown by the engineering studies are not used, could not the police use methods that were used before radar. Chief Zurcher replied that t%e police would still have an enfoe cement program, but not using radar would reduce the enforcement efforts by about half. Councilman Beahrs stated that he would favor a twenty-five--mile--per-hour speed limit throughout the city. Chief Zurcher noted that there would be no dispute as to the posted however, the officer in court would find himself in the position of riot being cble to justify his safe speed. Gretchen ins, 169 Walter Hays Drive, Palo Alto PTA Council President, expressed concern about the safety of school children if the speed limits are raised. Anne Kirby, 2071 Middlefield, asked that Council not approve the increased speed limit for Middlefield between Embarcadero and Oregon. Ed Freiberg, 726 Charleston, submitted a petition opposing increased speed limits and recited cases of traffic problems in his area. Bob Boudrias, 715 Seminole Way, addressed Council in opposition to pro- posed speed limit changes. Thomas H. Barry, 735 E. Charleston Road, described some of the accidents that have occured in his area and opposed speed limit increases. Robert J. D ebe, 3145 Flowers ,lame, asked that the speed limit increases be reconsidered and that Council formally 'protest this state law in Sacramento. He suggested staff prepare a test case. Ed Thompson, 787 Charleston Road, addressed Council in opposition to the proposed increase in speed limit. Linda Morales, 3611 Bryant, addressed Council suggesting all of Middle- field Road have a speed limit of twenty-five miles per hour. Eleanor Klau*inaer, 3961 Sutherland Drive, expressed concern about whether streets are considered residential or thoroughfares. Bonita Chandler, 330 Creekside Drive, meow of Stevenson House Board, addressed Council supporting retention of the twenty -five -miles -per -hour limit. 097- 8/6/73 Horace C. Anderson, 1087 Embarcadexo Road, addressed Council in opposi- tion to the proposed speed limits. Mayor Comstock noted the hour and the number of people still remaining to speak and suggested it might be better to adjourn until next week. Councilman Rosenbaum arcked if there were any special importance to passing the ordinance, and Chief Zurcher responded that the policy may now en- force the speed limits using radar on the streets on the 'irst page of the ordinance. It cannot be used on the other streets. MOTION: Mayor Comstock moved, seconded by Serwaid, that the meeting be continued at 7:30 p.m., Monday, August 13. Councilman Sher thought that action should be taker tonight to implement that part of the ordinance that does not increase speed limits. He re- sisted continuing to next week, because some people in the audience could net be here, and perhaps some Council members could not be present. He also stated he would like the .matter of this law to be brought to the League of California Cities in October. The notion passed on the following vote: AYES: Beahrs, Serwaid, Clay, Comstock, Henderson, Pearson, Rosenbaum NOES: Sher Executive Session Council adjourned to executive session, on litigation and personnel _from 12:10 to 12:50 a . m , ippoirtment of City Attorney Council reconvened in public session, and Mayor Comstock announced the appointment of Robert Booth as City Attorney effective September 1, 1973. Adio•.rn ent The meeting adjourned at 12:50 a.m. Al -PROVED: 6)1a4-) mayor AT sT : 0 9 8 8/6/73