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CITY
COUNCIL
MINUTES
August 27, 1973
The City Council of the City of Palo Alto met on tLis date at 7:35
p.m. in a regular treating with Vice Mayor Pearson presiding.
Present: Seaters, Clay, Henderson, Norton, Pearson, Rosenbaum
Absent: Berwald, Comstock, Sher
Approval of :�i.nutes of August 13
Councilman Henderson referred to page 108, finial paragraph, seventh
line from the bottom, and requested, that this sentence read 'He ex-
plained that the latter two developments. . ." instead of 'lie ex-
plained that these three developments. . ." Looking at page 110,
third line from the bottom, Councilman Henderson noted a typographical
error and asked that the word "spend' be changed to read "spent."
Councilman Norton made a correction to page 118, paragraph four,
line three, noting that these remarks were made by Counei1nazi
Norton rather than Councilman Henderson as shown. On the fourth
lire of paragraph four, a correction should be made ao that this
phrase reads ", _ , for the City Attorney's comments on the possibi-
lity of hiving the developer offer. . . "
MOTION; Vice Mayor Pearson moved, seconded by Rosenbaum, that the
minutes of August 13 be approved as corrected,
The motion passed on a unanimous voice vote.
Rolled Curbs Versus Vertical Curbs --
Vice Mayor Pearson asked Councilman Henderson, chairman of the com-
mittee, to review the recommendation.
Councilman Henderson recalled that a group of youngsters approached
Council members and petitioned reconsideration of the current proce-
dure that all curbs being replaced in the city be replaced by verti-
cal curbs. He said that he agendized the item and the group care
before the Council and presented their peeition, together with a short
film showing the reasons why they would prefer the curbs of the 2800
block of Rana to remain rolled curbs. He said the Council's action
was to refer this matter to the Finance and Public Works Committee
for review and as a result the committee was tonight making the
following recommendations to the Council.
MOTION: Councilman Henderson, on behalf of the Finance and Public
Works Committee, moved, seconded by Norton, the following rec, nnen-
dations s
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8/27/73
a. that staff be authorized to continue with the rolled curbs in the
Ramona Street project;
b. that in the future, when replacement is indicated, replacement be
in kind unless good cause is shown to the contrary by the neighbor-
hood affected;
c. that staff be requested to use vertical curbs in hillside areas
where the slope presents a safety hazard with rolled berm curbs;
and
d. that in the case of new subdivisions, staff use its discretion in
recommending the preferred type: of curb.
Councilman Beaters stated that he was impressed with the humor of
the presentation made by the group of youngsters before the Council,
but he was disturbed to see the complete disregard of ba31c safety
considerations by the neighborhood involved. He said he thought peti-
tioning the Council was an excellent demonstration to youth in the
process of democracy, but problems of safety should be given equal
consideration.
Mr. John Willits, 2185 Waverly Street, complimented Councilman Beahrs
for retaining his perspective on this matter, He said he was dis-
turbed about the way this matter has been handled and felt there
should have been some input from the legal staff as to the legality
of what is being recommended. He then cited Council minutes, com-
mittee minutes, and several sections of the California Vehicle Code
and the Palo Alto Municipal Code, also a newspaper clipping and
photographs from the Palo A3to Times, as evidence of why he felt
the action Council is about to take might be illegal.
City Attorney RL.bert K. Booth responded to Mx. Willits' comments.
He said that he was in agreement with Mr. Willits' quotations from
various codes and it is against the law to operate anything except
a motor vehicle, and perhaps a bicycle, on the public streets.
Conversely, it is illegal to put a motor vehicle on the sidewalk,
and it was his understanding that the Police Department does enforce
this section of the code. He said he did not think all of this
bears directly on the issue of the rolled curbs versus vertical
curbs.
Councilman Beahrs said that obviously Mr. Willits and he were in
agreement. He said he would like to know exactly what the city's
legal positron is. He referred egain to the exhaustive studies
which were undertaken in the 1960's on this subject, and he said
that the decisions reached at that time were for the general public
welfare and good and safety. Now, the Council is faced with a weak—
kneed acknowledgment of the fact that some people do not always agree
with the city fathers' actions. He asked what would be the city's
legal position in elation to standards set up in 1965 which are
changed in 1973 for purely political reasons.
City Attorney Booth agreed that everything the city does exposes
the city to liability. However, in his opinion, he felt that in
the face of changing conditions and, in particular, in the case
of shifting from vertical to rolled curbs, the'eity would be immune
from ,suit.
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8/27/73
Councilman Beahrs said that he could envision the City of Palo Alto
being the first to be involved in a major lawsuit and he asked if it
is not true that the trend in the law is toward removing immunity
of the cities and local governments.
Vice Mayor Pearson noted that the initial petition had contained
forty signatures of residents of the 2800 block of Ramona. She
said a letter had also been received from Mr. J. S. Wagstaff requesting
Council to stand by their former policy and proceed with the city-wide
conversion to vertical garbs.
Mr. Willits addressed Council again and spoke of the liabilities
for raintaining an attractive nuisance. If the city goes on record
as retaining rolled curbs on a spot basis according to the wishes
of the people residing in a certain neighborhood at this point in
time, is not the city maintaining an attractive nuisance, he asked.
Robert Cullenbine, 2875 Ramona Street, advised Council that the
preliminary discussions in the neighborhood included mention of
vehicles being parked on the sidewalk. He said he has personally
asked people to repark en the street when they have parked on the
.sidewalk in his neighborhood, and he felt this is a problem that
everyone on the block and in the neighborhood could cooperate in
solving. Regarding the movie that was shown, which it has been
suggested broke safety males, he wished to lint out that no cars
were using the street at that time and it was a movie, just that,
and not intended to indicate complete disregard for safety. Regarding
the letter from Mr.Wagstaff who wishes to have vertical curbs, if
that is what he wants and if he is able to convince his nelgh►bors
that that is the best thing, all well and good. Mr. Cullenbine added
that in his neighborhood everyone had agreed that they would prefer
to have rolled curbs.
Vice Mayor Pearson recalled that both she and Councilman Beahrs
were on the committee in 1965-66 when this subject was discussed
and at that time many more people were demanding that there be ver-
tical curbs rather than rolled curbs in their neighborhood. One of
the seasons for this was that they wanted to gat the cars off the
sidewalks and reserve the sidewalk for the pedestrians. She said
that she .;ook exception to item d of the committee's recommendation
which asked that the staff use its discretion in recommending the
preferred type of curb for new subdivisions. She said she did not
think that any Council should ask staff to .ise its discretion in
a matter such as this. The Council should set a policy and say
whether ox not there should be vertical or ,rolled curbs, and in
her mind there was no doubt that new subdivisions should start out
with vertical curbs. For these reasons, Vice Mayor Pearson said
she would divide the question and have the Council vote on the com-
mittee's recommendations a, b, and c, and then vote: separately on
d. before doing so, she would make the following amendment.
AMENDMENTs Vice Mayor Pearson moved, seconded by Beahrs, that item
d of the committee's recommendation be amended to read, "The commit-
tee recommends to Council that in the case of new subdivisions,
staff be directed to institute vertical curbs in all new subdivisions."
i+ssponding to Vice Mayor Pearson's amendment, Councilman Henderson
noted that this was discussed in committee. He •aid that Assistant
City Manager Deverel mentioned that if it were left to the discretion
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8/27/73
of the staff, staff's solution would be based upon conforming to
the preponderance of curbing in the immediate neighborhood, and
this had seemed a reasonable solution to the committee.
Assistant City Manager Deverel mentioned the possibility of review
of curbs by the Architectural Review Board and said ARB members
might feel that aesthetics would come into consideration here.
Vice Mayor Pearson said that she did not like to put a burden on
the staff, asking them to use their discretion and thus take the
brunt of pelaic pressure= In her opinion, it is the Council's job
to do that.
Councilman 8eahrs reiterated his thoughts, and those expressed Ly
Mr, Willits regarding the possibility of the city being liable in
a court decision for maintaining an attractive nuisance which could
cause a very serious accident.
The amendment to recommendation d. failed on the following roll
call voter
AYES! Beahrs, Peazsen
NOES: Clay, Henderson, Norton, Rosenbaum
AMEI;L)ME2iT: Councilman ir. Henderson moved, secondLI by Norton, that
the committee's recommendation d. be amended to read that in the
case of new subdivisions, staff use its judgment in recommending
the preferred type of curb, taking into account the preponderance
of curbs in the immediate neighborhood.
The amendt.,ent passed on a majority voice vote, with Councilman Heahrs
voting 'no."
Councilman Henderson referred again to the committee's discussion
of this matter and said unfortunately no members of the present
Fina=nce and Public Works Committee were on the Council in 1966 and
no one came to the recent committee meeting to present the arguments
presented to Council in 1966. Therefore, it could be said the com-
mittee did not have the full story on it. He also said he wished
to point out that the city will not be replacing curbs willy-nilly
throughout the city. There is a replacement policy which is enacted
by the city and thin latest action means where and if curbs have
to be replaced they will be replaced in kind and the only change
would be if a number of residents in a certain neighborhood asked
for it. He also noted that at the committee he had inquired regard-
ing etatistic5 of accidents caused by or in neighborhoods that have
rolled curbs and there was no evide-ice available to show that these
curbs heve caused an abundance of accidents.
The main motion with its d as amended passed on a majority voice
vote with Councilman Sambre voting "no."
14.1.
(.r j..
bade Lease. Housi:-ac Prom
1: 3r `
Vice Mayor Pearson noted that the Finance and Public Works Committee
is returning the subject of the Piggyback Lease Housing Program to
the Council with no recommendation,
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8/27/73
Councilman Henderson, chairman of the Finance and Public Works Com-
mittee, noted that the piggback lease program was referred to the
Finance and Public Works Committee solely because of changes in
the original financing proposal. The Po1:.•y and Procedures Commit-
tee and the full Council had approved a program costing S100,000
for a three-year period to support twenty-five units under the Santa
Clara County Housing Authority. Funding was to have been $50,000
from Palo Alto and $50,000 from FWD. Unfortunately, HUD funding
did not come through. The latest Proposal is for Palo Alto to carry
through with the program at the fell $100,000 funding for three
years. Action at the committee level was negative by a three to
one vote. A subsequent motion by Councilman Rosenbaum for $50,000
three-year program, with emphasis on funding rehabilitated units,
failed by a two -to -two tie vote. Therefore, the committee comes
to Council tonight with no specific recommendation.
Councilman Henderson continued that he had personally intended to
reintroduce the full $100,000 program for consideration by the full
Council this evening. However, hearing in mind that there are only
six members of the Council here tonight, awl also because it came
to his attention that the piggyback lease program has never beer,
referred to the Palo Alto Housing Corporation, he had decided not
to reintroduce the program tonight, but to ask Council's support
:n referring this matter to the Housing Corporation. He said the
Hous r.g Corporation is looking at alternative programs for tM former
235 and 236 programa and he considered it an oversight that the
piggyback lease program was not referred to the Corporation earlier.
Hy Soptember, CFun i? will have before it the Corporation's cements
and hopefully by that time will have heard from the federal government
regarding it plans for a new program. He therefore asked. for Coun-
cil's support of this referral.
MOTION* Councilman Henderson moved, seconded by Rosenbaum, that
the subject of the piggyback lease program be referred to the Palo
Alto Housing Ccorporatiot
Councilman Sealers said that he agrees that perhaps due process re-
quires this matter be referred to the Housing Corporation. However,
he wished to reiterate that he spoke against the general idea earlier
and he believed this city is trying to create an image for itself
and doing ago in en improper way. He said he would like first con-
sideration for low to moderate income housing to be given to the
city staff. He reminded Council that former Council member Semen
had said that thie program will meet only one percent of the housing
needs in they cg unity. In his opinion, it is a great big political
ploy that creates false hopes in the minds of people that Palo Alto
can take cars of their problems, He oonciuded that he was in favor
of the federal government's present policy,
Council n Norton said in his opinion it would be a waste of time
to ester this ratter to the Housing Corporation_ He did not think
that due p•-ocess requites this particular referral and he felt that
the Pinence and Public Works Committee represents a fair cross sec-
tion of the Council and this committee gave a lengthy hearing to
the subject, Members of the Council on the committee stated their
feelings and he did not think that there would be any change what-
soever by •;eforring the matter to the Housing Corporation. He would
therefore vote against referral.
148
8/27/73
Councilman Clay spoke in favor of sending this matter to the Housing
Corporation becaur,e this body has not seen it and they have not
so far been involved in the discussions. He noted that the situation
is somewhat different now than it was originally when the city ex-
pected to receive at lecet fifty percent funding from HUD. We row
know that we are not going to get that. Councilman Clay said he
felt that the whole subject of low to moderate income housing has to
be brought into a better perspective than it is at the moment and
he said he assumed that the Housing Corporation will incorporate
this piggyback proposal into its overall thinking on housing and
come back to the Council with something different.
The motion to refer this matter to the Housing Corporation passed
on the following vote:
AYES: Clay, Henderson, Pearson, Rosenbaum
NOES: Boahrs, Norton
Ordinance Declarincr Abandoned Vehicles
on
ur .tras ,
MOTION: Vice Mayor Pearson introduced the follow ng ordinance and
moved, seconded by Norton, its adoption:
ORDINANCE NO. 2738 ENTITLED "ORDINANCE OF THE COUNCIL CF THE CITY
OF PALO ALTO DECLARING ABANDONED VEHICLES ON PUBLIC OR PRIVATE
PROPERTY, EXCEPT HIGHWAYS, TO BE PUBLIC NUISANCES, AND ADDING
CHAPTER 9.64 TO THE PALO ALTO MUNICIPATJ CODE TO CREATE A PRO—
CEDURE FOR THE REMOVAL AND DISPOSITION THEREOF" (first reading
8/13/73)
The ordinance was adopted on a unanimous voice vote.
Ordinance Amending _'PN C Reflectin
Changes to Contrmcts�a�_ caq
1Procsdure (tom:B54:3)
MOTION: Councilman Henderson introduced the following ordinance
and moved, seconded by Rosenbaum, its adoption:
ORDINANCE NO. 2739 ENTITLED "ORDINANCE OF THE AIL OF THE CITY
OF PALO ALTO Ammo SECTIONS 2.08.180(7), 2.30.040 "t'e) , 2.30.0$0(a)
2.30.100 (first Paragra .) AND ADDING SUBSECTION (c) TO SECTION
2.30,050 OF THE PALO ALTO MUNXCIPAL CODE REFLECTING CHANGES TO
CONTRACTS AND PURCHASING PROCEDURE" (first reading 8/13/73)
The ordinance wee adopted on a unanimous voice vote.
Ordinance Est.ablishinc S ial
MOTION: Councilman Rosenbaum introduced the following ordinance
and moved, seceded by Henderson, its adoption t
9/27/73
ORDINANCE NO. 2740 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO REVISING CHAPTER 10.56 OF THE eALO ALTO MUNICIPAL
CODE ESTABLISHING SPECIAL SPEED ZONES" (first reading 8/13/73)
The ordinance was adopted on a unanimcus voice vote.
Ad Valorem Assessment
xt vets Avenue Off -Street Parkin
9:3)
Vice Mayor Pear,eon called on Mrs. Crystal Garage.
-crystal Gamage, representing Downtown Palo Alto, Inc., referred
to page three of staff report, end of the third paragraph, which
states "It is conceivable, for example, that the district could
be operated to forego all revenue and thereby force the city to
pick up all of the maintenance costs --clearly not the intent of
the original district." Mrs. Gamage said that Downtown Palo Alto,
Inc. anticipates the removal of the meters from the downtown this
year. She inquired abut the statue of the :staff report on this
subject and said that many of the downtown people are looking for-
ward to receiving that report and hoped that as a result of its
findiegs customer parking could be achieved.
Vice Mayor Pearson asked Mr. Warren Deverel, Assistant City :tanager,
to comment.
Mr. Deverel stated that, as noted in the staff report, theme were
two issues involved where staff had some inability to agree with
Downtown Palo Alto, Inc '. ss parking committee. The first issue
refers to the charging of maintenance costs to the district. The
present practice is that the city charges the district for maintenance
of all parking lots which includes sweeping, Gtrip.ing, etc. Staff
has suggested that this scatter be referred to committee for further
discussion because it has some fairly broad implications to the
California Avenue Parking District; to what the city plans to do
with the extra maintenance costs in connection with downtown beauti-
fication, and it even has implications in the purchases of open (space.
The secon i area of disagreement relates to lot Co the site of the
old city mall and the fact that this lot has been used for parking
since the in.:option of the district even though it was never dedi-
cated for that purpose. There is an implied dedication of continuing
use to the di.etrict. Staff ;recommends that both of these questions
be referred to committee since it is felt that to convert lot C to
parking dedication require; some very careful consideration. In•
response to Councilman Norton, Mr. Deverel confirmed that staff
is presuming that any changes that might cow in the form of a rec-
ommendation from the Finance and Public Works Committee would take
place next year.
Vice Mayor Pearson eked whether the parking meters study world
be tied in with any study staff might prepare for the committee
on these two questions within the next year.
Further discussion ensued between Assistant City Manager Deverel
and Councilman Henderson, chairman of the finance and Public Works
Committee, and Mr. Deverel advised that the report on meters will
be ready by the middle of September.
Vice Mayor Pearson said Ul is brought a question to her mind as to
why the posts that used to hold the meters were never removed from
the downtown area.
1 5 1
9/27/73
Neil O'Meara, Manager, Customer Services, responded to Vice Mayor
Pearson and said that staff looked into the removal of the posts
when the meters were removed and it was decided that removal should
be in conjunction with some form of beautification of the general
area. He noted that cost of removing the posts is approximately
$20 per post.
MOTION: Councilman Norton introduced the following ordinance and
moved, seconded by Beahrs, ite adoption:
ORDINANCE NO. 2741 ENTITLED AN ORDINANCE FIXING AD VALOREM
ASSESSMENT FOR THE YISCAL YEAR 1973-74 - UNIVERSITY AVENUE
DISTRICT - OFFSTREET PARKING - PROJECT NOS. 52-13 AND 52-14"
The ordinance setting the rate at $:355 per $100 valuation was adopted
on a unanimous voice vote.
MOTION: Councilman Henderson moved, seconded by Norton, to refer
to the Finance and Public Works Committee policy matters of main-
tenance charges and rental of Lot C as well as broader policy impli-
cations of sirnilaa costs in other areas.
The nation passed on a unanimous voice vote.
Ad Valorem Assessment California
Avyyen :e s .r ct
ILO e1Lt fNb . '
MOTION: Councilman Norton introduced the following ordinance and
moved, seconded by Beahrs, its adoption:
ORDINANCE NO. 2742 ENTITLED "AN ORDINANCE FIXING AD VALOREM
ASSESSMENT FOR THE FISCAL YEAR 1973-74 - CALIFORNIA AVENUE
DISTRICT OFF-STR i PARKING - PROJECT NO. 55-5'F
The ordinance adopting a rate of $.648 per $100 valuation was adopted
on a unanimous voice vote.
Ordinance Fixin }►d Veloram Assessment
C�orna venue D s et - ee
MOTION: Councilman Norton introduced the following ordinance and
moved, seconded by Esahrs, its adoption:
ORDINANCE NO. 2743 ENTITLED "AN ORDINANCE FIXING AD VALOREM ASSESS -
1 T FOR THE FISCAL YEAR 1973-74 - CALIFORNIA AVENUE DISTRICT
OFF-STREET PARKING - PROJECT NO. 6O-8"
The ordinance setting the rate of $.534 per $100 valuation was adopted
on a unanimous voice vote.
sed EPA •elation: for Ba Area
ag ar
Vie* Mayor Pearson asked H. Stanton Shelley, environmental special-
ist, to report.
1 5 2
8/27/73
Mr. Shelley stated the report before Council summarized the recent
proposals by EPA for meeting the air quality standards, proposed
earlier, by 19'5. There are more stringent regulations of the types
proposed earlier and now in effect and some additional controls
on transportation sources, control of use of vehicles, and also
some additional stationary sources. The proposals are enumerated
to Table 1 and included is a one sentence capsule impact for Coun-
cil's consideration. There is only one proposal which staff recom-
mends be rejected or not csupported by the Council. This has to
do with a proposed decrease in public parking facilities by twenty
percent over the next two years. This proposal is outlined on page
two of Table 1, section 52.245. The reasons for not supporting it
are laid out in Tables 2 and 3 and summarized under impact on page
two, Mr. Shelley said basically staff did not think decreasing
public parking facilities would offer the reduction in automobile
use, which forces the basis for the suggestion to reduce the parking.
In other words such action willl not provide the desired reduction
in emissions and in tact it could have some other very serious con-
sequences, particularly in Palo Alto and probably in other communities.
For these reasons, staff suggests that this proposal not be supported
before EPA.
Councilman Norton referred to page one of Table 1, section 52.243,
Bus/cer-_-Pool Lanes, which would require agencies having major
streets with three or more lanes in one direction to establish one
lane as an exclusive bus/car pool lane. Councilman Norton £aid he
questioned whether under all circumstances, at all hours tf day
and night for example, this should be applicable.
Mr. Shelley responded to Councilman Norton and stated that he had
consulted with the traffic engineer regarding this particular sec-
tion. He said it was their feeling that in most cases, this would
be a proposal Palo Alto could support and that it would help in
trying to encourage automobile owners to use public transit or other
modes of transportation. He noted that use of such a lane has been
successful in other areas of the country and the idea found to have
had some merit. It would not be effective in streets over which
Palo Alto has jurisdictioy but could be used, for example, on El
Casino and Sayshore which run through Palo Alto but fall under en -
other agency a s jurisdiction.
Vice Mayor Pearson referred to the draft letter to EPA which staff
had submitted for Council's approval, and said she was not sure
she was opposed to limiting the building of additional parking spaces.
She said she could see what they are trying to do, but she would
suggest altez-r.ative wording in the letter to EPA to say these regu-
lations will not have the total desired effect of reducing vehicle
aaeiasions and could have other serious consequences. Instead of
stating that we urge the elimination of the parking space reduction
section, she suggested the letter read we urge further examination
of the elimination of the parking space reduction section, perhaps
tying this parking space reduction to a requirement for support
of mass transportation or subaittal`of a transportation plan by the
developer. Vice Mayor Pearson made further suggestions to be added
to Table 3, strategies to reduce vehicle miles travelled. She said
number six could limit the number of new shopping centers built
and encourage shoppers to shop near their hoes, discourage or dis-
allow the building of further far-out subdivisions; another might
1 5 3
8/27/73
be to encourage inner city living by converting office and shop space
into mech-needed housing; encourage school district bus systems
to merge with existing bus systems, thus giving youth an example
of environmental protection; suggest that the EPA consider outright
limiting of building of new bridges, freeways, and expressways,
and require the involved agencies to apply to EPA for a permit to
build bridges, freeways, or expressways, and also require the
developing agency to submit the socio-econonic and environmental
health impact report to EPA. Vice Mayor Pearson said these are
just some suggestions that she personally would make for transmit-
tal to EPA.
Stan Shelley responded that he felt the point he was trying to make
had to do with the difference between shoppers and their parking
situation and that of the commuters. He said there has to be a de-
lineation between the two different types of automobile users.
Mr. Shelley continued, noting that restrictions that they use to
limit parking will have an effect on those going downtown just
to buy one or two items, and on those who will park all day. Any
degree of restriction on a short term basis will probably have an
adverse effect on both types of automobile user, and yet will not
have the desired effect of control on either segment of the community.
He said apart from this comment he felt the other points were valid.
Councilman Henderson suggested that Vice Mayor Pearson might wish
to get together with the etaff and rewrite the draft letter sub-
mitted, tted, since the city's rar nse h&e to reach EPA by August 31,
1973. He said he would support the additions suggested by Mrs,
Pearson.
MOTION: Councilman Henderson roved, seconded by Pearson, that Council
support the proposed regulations as detailed and amended in Tables
1, 2 and 3 attached to C c: 877 a 3 and that the accompanying letter to
Region IX a4dministtr atc is of the EPA by the Vice Mayor .
Councilman Clay stated that he agreed with the staff's position
hers. Ile felt that the assumption of reducing public parking faci-
lities by twenty percent by 1975 does not accomplish anything, be-
cause it is not tied into or based on any alternative transportation
syste Therefore he felt that enforcing it was not going to achieve
the desired effect of having people use another form of transpor-
tation. For thin reason, because it does not say anything, he
felt the Council should not support this section.
Vice Mayor Pearson said while the agreed with Mr. Clay and the rea-
sons he had given, hex feeling vas that she did not like to offer a
completely negative rejection of the parking space reduction sec-
tion without offering alternative cucjgestions. Further exteination
of the parking apace reduction section and trying to tie it into
something would be preferable to complete rejection.
Stan Shelley explained that the intention as far as the reduction
of parking spaces was concerned was to keep the same amount of park-
ing but try to encourage a switch in the balance so that the short
terse parker is accomodated and the long term or commuter who parks
his automobile all day is discouraged. In other words, switch the
balance of short ter, -log term parking, end encourage chose who
will park all day to find an alternative means of transportation.
1 5 4
S/37/73
Vice Mayor Pearson said that she felt the draft letter did not say
exactly what Mr. Shelley was saying this evening and she felt the
letter to EPA should more clearly reflect these feelings.
Counci)man Beahr.s said that while he sympathized with the objectives
of EPA, he felt that this whole proposal is a typically bureaucratic
and overidealized piecemeal approach to a gigantic problem. Arbi-
trary efforts will not be productive at all. He said he defied
EPA to critically apportiou allowed parking spaces over all the
community of the bay area, for example. The agencies must 'come
to realize that the individual esakcs these decisions o n •t h i s' -
averal l problem, and he must be given some inducement to use public
transportation and get off the highway. Coercion will not work.
The commuter :mast be given some inducement to get off the highway.
It is not the shopper and the local short trip traffic which causes
the problems.
Couec ilm.a.n t' of tor, said he generally agreed with the staff report
but he did not agree with what he was hearing orally, namely, that
Palo Alto could stand the sane number of spaces allocated differently.
He said in his opinion we need more offstreet parking in downtown
Palo Alto and this is true anywhere the situation has been analyzed
in Palo Alto and this situation will prevail for the next few years.
He did rtWt think thy: city could change people's driving habits and
frankly he did not feel that they should try to do so with this
device. Moreover, he could not buv the version of converting major
streets with three or more lanes in cne direction to establish an
exclusive bus/car pool lane. Otherwise, he agreed with the staff
report in all respeete.
Vice Mayor Person stated that the request for information represents
an attempt by the CPA to meet the requirements of the Clean Air
Act of 1970. She said it reminds her of the South Bay Sewer Dispo-
sal Association, where cities are being forced to clean up the Bay
whether they like it or not. Another example is BOE)C which forces
people to begin to take care of the anvironment. This in just a
beginning. EPA is asking for the cities' reaction and she thought
it was perfectly reasrsonale for them to do so and same thought the
staff report is very good and she would support it, with the minor
changes she suggested this evening.
The motion failed on the following votes
AYES: Peer son, Henderson, Rosenbaum
NM: Bsahrs, Clay, Norton
See p. 19
MC'FI OW s Counc i n Horton moved, seconded by Pear son , that the
staff report as prepared without changes and as detailed in Tables
1, 2 and 3 be submitted to Region IX Environsesntal Protection Agency
officials,
Aseistax t City onager Walker advised the Council that if individual
Council members would like to suggest revisions to the report, they
could be included in the transmittal to EPA.
Councilman Beebra said he did not disagree that council mould sup-
port the objectives, but be would hope that the traassmittal letter
could cover some of his thoughts expressed earlier and could state
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13/2"7/73
that even though the Council supports the objectives, it is not
convinced of the particulars of this report. He said he felt the
transmittal letter should include some mention of the fact that
the general public makes these decisions, and not some bureaucrat
or the Council, and it is the citizen's use of the automobile which
causes the problem. Citizens must be induced to get out of the
automobile ar.d use public transportation and perhaps an income
tax program or other devices could be employed to induce people
to do this. In his opinion, it just will not work to thrust restrie-
tions down the public's throat. Re cited an example in Santa Clara
aplenty where a proposal to impose a 1:4 tax was defeated by refer-
endum.
Vice Mayor Pearson responded that in reference to the example given
by Councilman Beahra, even though the proposal was defeated by refer-
endum, the state legislature intervened and in fact did rats it down
the public's throats, and she said this is what happens in thecae
cases. A higher agency simply takes over.
Councilman Clay said he agreed with the objectives of the report
but thought the approach is simplistic. He noted that last, essek
Council discussed a speed limit ordinance, which again was prepared
by higher bodies and simply does not apply to Palo Alto. He felt
the propoeais before Council this evening fall into a similar cate-
gory.
Councilmen Norton said he would like to explain why he would change
his vote and vote for the motion that is on the floor. He said
he would like the record to show that he considered it more i poe-
tent that Palo Alto take a position than that he hold out for his
objection on the grounds of the bus lanes. Therefore, he would
vote for the notion on the floor.
Responding to further requests from Councilman Beaters that his think-
ing be included in the transmittal letter, Mr. Shelley suggested
that individual Councilmen's comments be made a supplement to the
report and *nclosod with the transmittal letter from the Palo Alto
City Council. He said that if Council members wished to state in
writing why they agree or the areas of the report with which they
disagree, he would be happy to see that these views are transmitted
to ths EPA.
The motion passed on the following ;'cote:
AYES: Aaahrs, Henderson, Merton, Pearson, Rosenbaum
NOES: Clay
Reflective Pavement Markers for
viii% : a e es
i :
Assistant City Manager Charles Walker outlined the background of
the report and noted that since the Council meecing of July 2, 1973
when Council directed the staff ". . . to report on the feasibility
and cost of installing smaller markers' staff has found a marker
which is satisfactory and already available and is also acceptable
to the state highway department. This marker, although not as re-
flective as the unit originally specified, does not have the semi -
vertical sides considered hazardous and objectionable by they Council.
He handed Vice Mayor Pearson a sample for Council members to examine.
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8/27/73
MOTION: Councilman Beahrs moved, seconded by Roaenbaum
rescind its previous rejection of the project bids for
markers and approve reconsideration of the low bid for
The motion passed on a unanimous voice vote.
that Council
reflective
the project.
MOTION: Councilman Besizrs moved, seconded by Henderson, that Coun-
cil authorize the Mayor to execute a contract for the project with
the logs bidder in the amount of $15,422.50.
The motion paesad on a unanimous voice vote.
i TION: Vice Mayor Pearson moved, seconded by Henderson, that Coun-
cil finds that this project has no significant environmental impact.
The motion passed on a unanimous voice vote.
Pilot Water Reclamation Facilit'
.
Vice Mayor Pearson: asked Warren Deverel to report.
Warren Deverel, Assistant City Manager, noted that last April after
several months of consideration, Council approved a project for
a pilot water reclamation facility to be included at the water qual-
ity control plant. Bids for this project have now been received.
In addition to receiving the bids, staff now finds a charge in the
effluent of the Eoeth Bay and it has row been determined that more
efficient and economical reduction of waste loading on the Bay may
be achieved by adding nitrificatioA and screenini at Palo Alto in-
stead of the filtration facilities originally proposed. Staff this
evening is asking the City Council to reject the bide and permit
the to abandon the project as it is now constituted. This will
permit staff to concentrate on a more viable project and eventually
to provide Palo Alto with more information about beneficial uses.
Abandonment of this project will result in a total saving of $200,000
$24Q,000 to the City.
MOTION: Councilman Clay moved, seconded by B+eahrs, that all bids
for construction of the pilot water reclamation be rejoeted by the
Council.
The motion passed on a unanimous voice vote.
Bus BYstem Nivelotmw nt: Fixed Route
id!laSt :
Assistant City Manager Charles Walker referred to the staff report
of August 23, 1973 and said that etaff has reviewed the proposed
fixed route system for Palo Alto and recognises that it has the
potential of being better than the present system, However, at
this time there is not enough information available to determine
if the caaabinatiorz of the propos d faxed routes and the demand re-
sponsive system will provide th.. level of service that is at least
equal to that Which currently exists with the five route bur syntem.
Staff's concerns are iden t if ed in the report and it notes that all
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8/27/73
the information upon which the decision should be based for or against
the proposed fixed route system is just not available at the present
time. Staff recommends that the report be adopted by the Council
as a policy statement explaining the city's position with regard
to the fixed route portion of the proposed fixed route -demand res-
ponsive system and that the City Manager be authorized to transmit
the staff report in response to the Transportation Cozznission'a
request for comments.
Mr. Walker reported that there has been one development since the
staff report was prepared. It is now understood that the County
district staff, as well as the planning committee, have recommended
that the fixed route system include the continuatior_ of the present
route into £ ast Palo Alto.
Councilman Henderson said he felt concern that the new bits system
might not serve Palo Alto as well as the present bus system. For
example, buses on El Camino which will not serve Palo Alto's resi-
• dential areas, Councilman Henderson said he was happy that the
East Palo Alto route will be included but he asked what will Palo
Alto do if his fear proves justified, How could the city get back
to its present level of service? Has the staff looked into something
along these lines? Would Palo Alto have to add its own additional
services if we find the new system does not serve as well as the
system we now have?
Assistant City Manager Walker replied to Councilman Henderson,
He said the city does not have control over the system and at this
point in time Council cannot judge the demand response system at
this time until the city has some experience, If they decide it
is not as good as the system presently available, staff can petition
the Transit Commission for re:onsideration of the decision it is
making at this time and some changes. He said that Councilman Posen-
baua:,• representative to the Transportation Commission, might have
further comments.
Councilman Rosenbaum said Me. Walker was absolutely correct. Palo
Alto has the alternative of supplementing the system that is being
proposed, It may possibly come to that depending how well the Dial -
A -Bus will work. He said it should be brought out that the fixed
route county system does some very useful things that have not been
available before, For example, it is possible for a Palo Alto
resident to travel to De Antra College without a transfer and to
Foothill College tanking only one transfer. These things could be
advantageous to the community. We are all aware that there are
problems, he said. The county staff has indicated its recognition
of the fact that both Palo Alto and San Jose have existing systems
and it has been suggested that we should get the Dial -A -Bus to go
along with the fixed route system.
Councilman Henderson inquired about the size of the causes that will
be ueed for the Dial -A -Bus, World there be mini -buses, he asked,
or would they would be full-sized buses running in our residential
streets,
Co nci lman Rosenbaum replied that they would be full-sized buses.
Vice Mayor Pearson acknowledged two letters, one from. Cvinty of
San Mateo, East Pain Alto Municipal Council, signed by Clarence
Jackson, She recognized Mx. Hunry Anthony of East Palo Alto in the
audience and asked if he had any comments to make.
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8/27/73
Mr. Henry Anthony, Member East Palo Alto Municipal Council, spoke
in support of the letter sent to Council and said that since it
was apparent that Council is in support of meeting East Palo Alto's
needs, it was not necessary for him to say very much tonight
Vice Mayor Pearson acknowledged a second letter from Robert St.
Clair, chairman of San Mateo County Board of Supervisors, supporting
inclusion of East Palo Alto's rrrmnicipal route. Vice Mayor Pearson
said it was her understanding this evening from staff that this
route was included in the fixed system.
Ted T. Noguchi, Traffic Engineer, confirmed that he spoke with Santa
Clara County officials last iriday and they are supportive of ex-
tending services to East Palo Alto: One provision is that the funda-
mental operating costs will be paid by San Mateo County.
Bruce A. Bigwood, 903 Laurel Avenue, Menlo Park, spoke in support
of inclusion of services for East Palo Alto and noted the problems
that would be caused for students crossing the Sayshore to go to
school if this service is not provided,
Councilman Rosenbaum cautioned that it is not clear that an identical
route will be maintained and the route may not run by the school.
MOT/ON; Councilmen Rosenbaum moved, aeconded ).y Beahrs, that Council
adopt the staff repo t (CMR:SSO:3) as a policy statement explaining
the city's position with regard to the fixed routs portion of the
proposed fixed route -demand responsie system, and that the City
Manager be authorized to transmit the staff report in respor►se to
the Transportation Commission's request for comment.
Vice Mayor Pearson expressed sore concern About the big buses to
be used on the Dial -A -Bus system. She said she could imagine citi-
zens being absolutely furious when big buses go into their neighbor-
hood and have to turn around in driveways or small streetc, cul-
de-sacs, etc. She asked whether the buses to be used will have the
built-in noise factor.
Councilman Rosenbaum responded to Mrs. Pearson and said that the
county staff's view is that maximum flexibility is Obtained by having
one bus that can run on fixed routes as well as being a Dial -A -Bus.
The buses will be the same size as the current buses in Palo Alto.
As far as the noise is concerned, they will be propane which is
similar to the current city buses.
The motion passed on a unanimous voice vote.
Oaxaca Garden Pro posal.--Neiohboz s Abroad
Vice Mayor Pearson asked Alan K. Longacre, Director of Arts, to
speak to this item.
Alan Langacre stated he had nothing to add to the staff report of
August 23, 1973. Ralph Hendrickson is present this evening to speak
for Neighbors Abroad and can answer any questions Council may have.
Mx. Lcngacre added that staff had been expecting to receive a letter
from the Mayor of Oaxaca giving details on the size of stones, etc.,
but as of this afternoon more specific information, regarding the
gift of an undetermined number of replicas of stone artifaces from
Palo Alto's sister city, Oaxaca, 3a not available.
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8/27/73
Councilman Henderson asked staff, do we not have this particular
site area included now in our CIP program as part of the cultural
center,phase III -IV, for added parking and traffic circ:ilation.
He said he was thinking of the area between the library and the
cultural center.
Al Longacre replied that development of the cultural center in phase
II calls for a garden patio on the Embarcadero e Lde. Preliminary
designs for :.his garden have been supported by the Garden C3.ubb
and it will be more of a working garden or spaceG The proposal.
from Neighbors Abroad_. for= a museum garden to house the artifacts
which will coma from Oaxaca.
Councilman Henderson repeated his question regarding an area set
aside for parking.
Mr. Longacre said the only drawings for site development for addi-
tional parking are for the other side and at a different location
from the proposed site for the :museum garden: Councilman Seahrs
expressed the thought that it would be of interest to have this
museum garden in Palo Alto but he said he thought it would be a good
idea to consider putting these gifts from Oaxaca in some of Palo
Alto's other city harks, He said maybe two exhibits would be better
than one larger one, He suggested that soMe people never go to
the library, whereas many would take a stroll in Mitchell Park or
other city perks and it might be a good idea to split this exhibit
and give as racy people as possible the opportunity to see it.
Mx. Longacre responded to Councilman Peahrs and advised that the
committee from Neighbors Abroad toured several sites in Palo Alto
with members of the staff. In addition to the proposed site they
looked at Stern Center primarily and also the plaza of the Civic
Center. The rain criteria seems to be a need for security. The
artifacts arq damageable, paint can get smeared on them,, and the
need for seceirity was paramount in choosing this site.
Councilman Seaters said he felt the entire city should get mre secur-
ity wherever it is needed. Lot's consider placing these in at least
two or three different localaz throughout the city, he said.
Vice Mayor Pearson explained for the benefit of the audience that
Palo Alto's sister city, the city of Oaxaca, Mexico, has offered
to give us some ancient statutory. This started out as a simple
thing and what has now been discussed involves an acre of ground
at the cultural center, at a cost of areur&d $50,000 for architectural
services, grading, paving, etc. to install a museum garden. inhere
is oleo an additional cost to the city for maintenance amounting
to approximately $12,500 per year. Vice Mayor Pearson said she
had strong feelings about this. She cited the example of the Squire
Mouee, where the historical association approached the Council and
wanted the city to buy the property and preserve the house as a his-
torical monument. The Council said to the historical association,
*You shall raise the funds." Vice Mayor Pearson said she £sale
that if Neighbors Abroad wants the city to have this statutory garden,
then this again is the kind of project where the money should be
raised from the citizenry, in the sauce way that the money for the
Squire Rouse was raised. She noted that the city still has main-
tenance cats on the Squire House which will probably increase
significantly over the years. The proposed museum garden would
cost $12,500 a year end could well cause a security problem. She
160
8/27/73
noted that at one time, the site across from the proposed garden was
mentioned as a site for low to moderate income housing. She said
she would feel funny about the Council going ahead and spending $50,000
for this project when earlier this evening it voted to refer back
to the Housing Corporation for f°irther input a $50,000 proposal
for low to moderate income housing for the people in our town. She
said she felt that this entire subject should be discussed further
in committee.
MOTION: Councilman Norton moved, seconded by Henderson, to refer
t.o the Finance and Public Works Committee the request from Neighbors
Abroad for approval of the Oaxaca garden proposal and staff to have
available at the committee meeting all plans for enlargement of the
cultural center and the library which would indicate the total pro-
posed use of the site.
The motion to refer passed on a unanimous voice vote.
Foothills Park usage (CMR 883 € 3)
Assistant City Manager Walker recalled that Council has received
a letter from a lawyer representing the American Civil Liberties
Union. }!e said there has been discussion by the Council before re-
garding use of Foothills Park, but it is now some time since the
present policy position was adopted and staff thought it right be
timely to give the ratter a thorough review, particularly in light
of some of the options available to the ACLU. Staff therefore sug-
gests that the matter be referred to the Finance and Public Works
Cc mittee.
.• TON; Councilman Beahrs moved, seconded by Henderson, to refer
the :::otter of Foothills Park usage to the Finance and Public Works
Committee,
Vice Mayor Pearson recognised Martin Hochman.
Martin H. Hochman, volunteer attorney for the American Civil Liber-
ties Union, Berkeley, California, stated that he was here tonight
to speak in favor of the City Manager's recommendation to refer this
matter to committee. Hs said he would lake to have .input into the
city's examination of the issue, and the matter can he discussed
more fully when the committee makes ite recosm endatione to the Coun-
cil.
The motion passed on a majority voice vote, with Councilman Beahrs
voting "no."
Vic* Mayer Pearson acknowledged three letters, ono from Katharine
McCann, 783 Garden Drive, opposing opening the park to the general
public and a second from Mrs. Gaitana Robe, 1833 Hdgetrood Drive,
asking that Foothills Park be available for use of Palo Alto resi-
dents only. A third letter from Marlene and M. Lewis Lawrence of
Greer Road was also in favor of retaining the park for Palo Alto
residents.
While on the subject of parks, Vice Mayor Pearson said she was happy
to report a telephone call she received from a resident who wished
to thank the Counoil for the lovely cul-de-sac perks throughout the
city, particularly the one at Kingsley Avenue.
1 6 1
8)27/73
Planning Policy Committee of
arA..a Clara eounCy
Vice Mayor Pearson reported under New Business that at the last
meeting of the PPC of Santa Clara County, Palo Alto's position re-
garding the Dumbarton Bridge was advised to this body and Palo Alto
asked the PPC to take a position supporting its position. The PPC
did this and they will be sending their supporting statement to all
agencies involved in the Dumbarton Bridge issue. The only dissenting
vote was from the City of Milpitas.
Vice Mayor Pearson noted that toter reports from the FPC meeting
concerned vote weight;ng and Council members will soon be receiving
some material on this issue. The Airport Land Use Commission also
met and discussed use of land around airports and Council will soon
be receiving some material on this, to which the Pi requests an
early reply.
Nei hborhood Disturbances at unity House
and Damien House
NIFSPAINIIIISMIMENS
CrunciLL.an Beahrs referred to a recent exchange of correspondence
} et'een the Mayor af:d Mr. Goldstein of PACDAR. HE' also noted that
the PACDAB minutes of 8-11-73 contained co:71ments by Mr. Garbs, owner
of the apartment house tear Unity House. Councilman tae?}ors said
he felt that son.:;thireg should be done about the situation causing
disturbance of naichbors of Unity House. He said it is disgusting
and the residents of Unity House should show more consideration for
their neighbors. Councilman Beahr s continied that he has also heard
about continued disturbances emanating fro"'. Damien House at the First
Presbyterian Church. He said he felt these ratters deserve staff's
attention and the Got": unity is entitled to ;'lore from these groups
than it is getting.
Vice ? ayor Pearson asked Councilman Henderson, lie°.son to PACDAB,
to respond.
Councilman Henderson noted that Mx. Garba did appear at the PACDAB
meeting. He said it was Mx. Ga.*nba's intention to talk with PACDAB
before involving any official bodees : PACDAB took immediate action
and formed a committee which went to work on the problem. He said
as Council liaison to the drug abuse program he is keeping an eye
on this situation and the last report he received from the committee
was that there had been significant progress. Councilman Henderson
maid he would call Mx. Ga.±a in the next few days and keep the rest
of the Council apprised of any further progress.
Assistant City Manager Walker added to Councilman Henderson's re-
marks and said that staff hau been involved with the people in the
neichborhaod and the residents of Unity House in dealing with the
problem. Staff'$ role has been primarily to get the parties to com-
municate directly on their problems. Council will be receiving a
copy of a letter responding to some of the earlier concerns expressed
by the University -Crescent Park ;association and there are steps being
taken by the staff at Unity House to address the problem.
City Attorney Robert K, Booth noted that there have been complaints
from Damien House. He reminded Council that Damien House was per-
mitted to operate several years ago because it was found to be a
1 b 2
8/27/73
church -related activity. Damien House denies some of the recent
neighborhood complaints and the City Attorney's office is working
closely with the church to resolve those that can be settled. The
church has promised to improve the exterior looks of the grounds
around Westminster House, particularly in regard to weed abatement.
They have also taken steps to control tr.rough traffic which goes
through their parking lot and particularly motorcycles which cause
a noise nuisance. The City Attorney's office is exploring allega-
tions of other types of zoning violations, including noise at night,
but they have not received substantial evidence to tale any stens
to eliminate this. The church is working closely with the city to
not be a neighborhood nuisance.
sA C uniicati.o45_
as�es�.anx an a�osnr�i �
1. Frank Manfredi, 219 Addison Avenue, discussed the question of
noise emission from new foreign cars and motorcycles, parti-
cularly at night in the Addison Avenue area. He said foreign
cars should be required to pass a test before they are allowed
to be driven in Palo Alto.
Vice Mayor Pearson, responding to 4r. Manfredi, said she
agreed that the matter of noise emissions from motor cars
should he enforced under Palo Alto's noise ordinance.
141221.12E121 -
The meeting was adjourned at 9;45 p.m.
APPROVE
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Y"-f Mayor
ATTEST;
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8/27/73