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HomeMy WebLinkAbout11261973CITY COUNCIL MINUTES Monday, November 26, 1973 The City Council of the City of Palo Alto met on this date at 7:30 p.m. with Mayor Comstock presiding. Present: Beahcs (arrived 7:33 p.m.), Berwald, Clay, Comstock, Henderson, Norton (arrived 7:43 p.m.), Pearson, Rosen- baum (arrived 7:33 p.m.), Sher (arrived 7:35 p.m.) Absent: None Civic Center Tree Ceremony Mayor Comstock announced that at 7:00 p.m. on November 29 in the plaza in front of City Hall, the annual tree lighting cezem ay.would be held but without the use of electric lighting. He called atten- tion to an oil lamp that was on display and said lamps of. that type would be used. He said there would be music and invited members of the public to attend. Resolutions Commendine Palo Alto Communit MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4843 ENTITLED "RESOLUTION OF 1,-IE COUNCIL OF THE CITY OF PALO ALTO C ENiia ING PHILLIP BLISS AS A MEMBLR OF TIE PALO ALTO COMMUNITY DRUG ABUSE BOARD FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" Councilman Henderson commented that Mr. Bliss had served the program from August, 1972, to November, 1973, and was a member of.the ori- ginal task force. He is a drug counselor at Cubberley High. School and has been a hard worker and has made a great contribution to the program. The resolution was adopted cn a unanimous vote. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION N4). 4844 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING LEONARD CORNELL AS A MEMBER OF THE PALO ALTO COMMUNITY DRUG ABUSE BOARD FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous vote. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: 388 11/26/73 RESOLUTION NO. 4845 ENTITLED "RESOLUTION or.THE.COUNCIL OF THE CITY OF PALO ALTO COMMENDING MICHAEL FOX AS.A.MEP-R OF THE PALO ALTO COMMUNITY DRUG ABUSE BOARD FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" Councilman Henderson commented that Mike Fox was another member of the original task force and had been a tremendously hard -worker in the program from the beginning. He will continue his efforts as a staff member. He is to be: commended for his hard work. The resolution was adopted on a unanimous vote. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4846 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING BETTY LIN AS A MEMBER OF Ti EEFALD ALTO COMMUNITY DRUG ABUSE BOARD FOR HER CONSCIENTIOUS AND OUT -- STANDING PUBLIC SERVICE" The resolution was adopted ors a unanimous vote. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4847 ENTITLED "RESOLUTION OF THE COUNCIL OF.THE CITY OF PALO ALTO COMMENDING CALLA VESPE AS A MEMBER OF_ IHE PALO ALTO COMM'UNIT'Y DRUG ABUSE BOARD FOR HER CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" Councilman Henderson commented that Carla Vespe had served for two years and was also a member of the original task force. She was chairwoman of PACDAB from August, 1972, to August, 1973. In addi- tion to the many hours of board work, she has contributed much pro- fessional asaistarce to the program and has announced -that she will continue to take a very active part, especially with the program at Unity House. The resolutiou was adopted on a unanimous vote. MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4848 ENTITLED "RESOLUTION OF THE CECIL OF THE CITY' OF PALO ALTO COMMENDING SAUL WASSERMAN AS A MEMBER,OF. THE PALO ALTO COMMUNITY DRUG ABUSE BOARD FOR HIS CONSCIENTIOUS AND WiS7ANDING PUBLIC SERVICE„ Councilman Henderson commented that Saul Wasserman an was another mem- ber of the original task force. He has made a tremendous contr3.bu- tion to the prosrasmm and has given much professional tile. He was inst ntal in securing the detoxification facilities at Stanford and in influencing the state to continue, medical coverage for drug treatment. He also did yeoman service in setters relating to the evaluation program. He deserves much commendation. The resolution was adopted on a unanimous vote. 3 8 9 11/26/73 . Pro osed Pi back Housing Pro ram +e' t on ease ous ransm ttal o a o to ous a or orat on com- men s one p�,r�►, to Council Referral of August Mayor Comstock commented that this time would need some discussion and might press upon the agenda. He felt the matter should be con- tinued to the next meeting. MOTION: Mayor Comstock moved, seconded by Pearson, that the matter of the proposed piggyback housing program be continued to the City Council meeting of December 10. The motion passed on the following vote: AYES: Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Beahrs, Serwald Underground Utiilit, District. No... 16 MOTION: Vice Mayor Pearson introduced the following ordinance and moved, seconded by Comstock, its adoption: ORDINANCE NO. 2757 ENTITLED "AN ORDINANCE AMENDING SECTION. 12.016. ►020 OF CHAPTER 12.16 OF TITLE 12 OF THE PALO ALTO MUNI- CIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 16" ('1st reading 11/12/73) The ordinance was adopted on a unanimous vote. MOTION: Vice Mayor Pearson introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 4849 LNTITLED "A RESOLUTION DETERMINING PROPER- TIES ELECTING TO PAY COST OVER A PERIOD OF YEARS" The resolution was adopted on a unanimous vote, MOTION: Vice Mayor Pearson introduced the following resolution and moved, seconded by Comstock, its adoption: RESOLUTION NO. 4850 ENTITLED "A RESOLUTION AUTHORI.ZID L -E UT ION OF AGREEMENT WITH THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY" The resolution was adopted on a unanimous vote. Resolutions Co ratulati Cnbberle c �..:. or :at • r oot = 1 *aeon MOTION: Councilman Rosenbaum introduced the following -resolution and moved, seconded by Berwald, its adoption: 3 9 0 11/26/13 RESOLUTION NO. 4851 ENTITLED" "RESOLUTION OF THE COUNGLL.OF. THE CITY OF PALO ALTO CONGRATULATING CUBBERLEY HIGH SCHOOL FOR ITS UNDEFEATED FOOTBALL SEASON" The resolution was adopted on a unanimous vote. F�oiida inn --Directional Si ns MOTION: Vice Mayor Pearson moved, seconded by Henderson, that the %atter of Holiday Inn Directional Signs be referred to the Planning Commission. The motion passed on a unanimous vote. "-cs" Zone Recommendation. :Mayor Comstock commented that since the staff report has framed a recommendation in a somewhat different form than Coutcd.l. last -dealt with it, it would be appropriate to ask staff to review the reason for the change. Planning Director Naphtali Knox responded that he was prepared - to lluetrate with some slides the changes that were made. En aut al]y the ordinance language that would have accompanied the reeem eeda- tion as framed in the Norton proposal became so complex that .in a meeting with county staff, they urged city staff not to attempt to amens: the text of the ordinance, but to redraw the urban,. raaice area b undaries instead. He projected a slide that showed. th urban service area as it was prior to the change and as it wo'itd appear if the county staff recommendation were adopted. He noted that Coun- cil had received two blueprints in their packets. On Exhibit A, Areas A and B are labelled and correspond with Areas A and B -of the Norton proposal. These were the two areas of greatest concer .to the Council. By revising the urban service area to ttrtain areas A and B in the urban service area and therefore in the "-ca` zone, these areas will be governed by the "-cs" regulations. The .several areas outside the city limits which would fall ureter thepeovisions of the "-es" zone and which are currently Stanford lands are -French- man's Terrace, Escondido School, and Areas A. and B. Mayor Comstock asked in what respect this differs from the recom- mendation Council made on November 12. Mr. Knox replied that the difference is that under the Norton propo- sal in its pure form, Areas A and B vt?uld be reviewed by Palo Alto for eavirona ntal impact. If no impact were found on a project proposed by Stanford, Stanford would go ahead to the county and seek a building permit. However, if there was a significant impact, it would be up to the staff to make a recummendati,on and to the Planning Commission and Council to follow through and approve, modify, or deny the proposed development. In the case of approval, the Council. would recommend to the county that the building permit be granted. In case of denial, it would recommend to the county that the building permit not be granted. The univeraity would have no avenue 391 11/26/73 of appeal other than through the courts. If these complex arrange- ments were incorporated in the "-cs" zone, and if tha.Cotncil requested the county not to grant a permit, Stanford would not be able_ -to. obtain a building permit for that development. Under the city -county staff revision, these complexities are gone. The typical. flees!' - pro- visions apply. Anyone proposing a development must f tray & k nexation to the adjacent city. If L.AFCD and the city approve the annexation, the site is annexed, aad the development -take- place under the rulea and regulations of the city. If it is denied,...the.ensi- versity is free to go to the county and ask for a building permit. Also, Stanford could obtain a building permit from the county under paragraph 1 of the variance proceedings if it could ahow.that -the intent of the "-cs" zone would not be subverted and that they could r'avide all of the urban services necessary for a propoaed_develppment 1 Areas A and 3. The net effect of both the Norton proposal and the staff modification is the same. The university is somewhat constrained in its ability to propose and develop within ..Areas A and 8, Frenchman's Terrace, and Escondido School. The citystaff had acme qualms about redrawing the urban service area. Tha-city followed the definition that eaid areas developed in an urban man- ner fall within the urban service areas, and areas that are. mot fall outef.de of the urbanservice area. The county said, howa ar.,.that thane r.as aepie precedent in the case of San Martin and-Radweed Estates where urban areas are not within urban servthc area -s.. The county staff said chey could not speak for LAFCJ, but said -they were the staff to LAFCU and would be recommending this approach. Vice Mayor Pearson said stated that if the city recourse other than the grant the permit anyway. that under the Norton proposal, it was turned down a development, Stanford.had no courts. She asked if the county could not Mr. }nox replied chat they could, but the county sets the rules (the "--cs" zone and its provisions), and h.: assumed they would abide by their own rules. Vice Mayor Pearson said the county could still give the pli. it...i. enough pressure were exerted, even if the city said a development would have too much of an environmental impact, and the city did not want to have that happen. Mr. Knox agreed that theoretically that could happen, -but he thought that if the environmental impact assessment shoved an undesirable. impact, it would result in a modification of the plan ormitigation of the impact before any attempt vas male to -obtain a permit for the unchanged project. Vice Mayor Pearson asked if Mr. Knox were saying that the staff and the county have ;^ha►nged in the past few years so that if Pte. Alec asked that some building permit not be given to Stanford, the county would go aioog with that. She recalled that several hundead people and the city protested a project, and the county went ahead and gave permits for the buildings. She asked if be were saying that it would not happen Mr. Knox responded that there was no environmental impact system et that time such as there is now. Much attention is being paid to it. The county planning staff certainly is supportive, and they are aware of the need for careful environmental assessments and the need to respect them. 3 9 2 11/26/73 Vice Mayor Pearson stated that if the boundaries are.go.ing.to be changed, now is the time to include the portion of land at the cor- ner of Bowdoi.n and Stanford. Councilman Norton felt that the present Frenchman's lereeee project contemplated annexation to the city, and he was content to.leave it the way it is now If that project does not proceed as.has been..dia- cussed, there will be ample period of time to have that portion in- cluded. He said he did not feel strongly one way or the other. Vice Mayor Pearson said she was talking about the other piece of land that was going to help the road systen. There was final agreement between Stanford and the city concerning the amount of acreage in- volved. City Manager Sipel said it was his recollection that the discussion concluded without agreement being reached. Councilman Norton said it would not help to put the Stanf. .c# xioin.. intersection in the urban service area, because under the "-c.s'F procedure, nothing is triggered until Stanford proposes a develop- ment. Vice Mayor Pearson said that if Frenchr n's Terrace is going -to be part of the "-cs" zone area, she thought the Stanford-Bowdoin inter- section should be included also. Councilman Beahrs asked what would happen in Areas A and B if Stanford intended to develop the areas academically. Mr. Knox replied that Stanford would have to go through the proce- dures set forth under the "Lcs" zone, Having sought annexation, if the city accepts the annexation, then the development. would -take place within the city whether it is academic or nonacademic. There is an alternative described at the bottom of page 2 of the staff report. If Stanford can show to the county that the. psapa?.se . use will not require or benefit from city services, and the proposed_.0 a will not interfere with the orderly growth and the efficient and -economic utilization of community resources, they can obtain at-vrarianzeefrom the County Planning Commission to develop in the county without going through an.riex tion proceedings. Councilman Reshre asked if Stanford had a reasonable escapa.tbaxe. He did not think the city should tell Stanford what can be done academically in any respect. Mr. Knox said that this escape clause should adequa►te1y_ casex the smaller projects Councilman Norton was concerned about. Councilman Re.ahra asked how the Stanford undeveloped lands are left in this whole situation. Mr. Knox stated that Co..ncil received in this packet three different reports --a letter from Stanford, a staff report, and a latter to the secretary of tb.e County Planning Commission. The letter to the County Planning Commission requested it to review the use permit that controls what Stanford may build in the area now in the county, and at,ka that the area west of Junipero Serra Boulevard be removed from the use permit, Stanford is now able to construct anything 3 9 3 11/26/73 there that is "low density, educational or general facility." If that area is removed from the use permit, Stanford will have to re- quest approval from the county on a case -by -case basis. Councilman Beahrs said he thought i} would have been helpful ta.con- sider the Livingston and Blayney Stanford Land Use Policies Report. He asked for any observations that Mr, Knox could make. Mr. Knox said that the report had never been adopted by Stanford. Councilman Henderson remarked that he saw basic difficulties between the Norton plan and the latest staff report which is really regular "-cs" zoning for Areas A and B. The Norton plan did not involve an- nexation, whereas in the regular "--cs" zoning, everything is predi- cated on annexation. He felt the Norton proposal was stronger in that it was saying the city would give the final approval on anything in Areas A and B. Under the Norton plan, if the Board of Supervisors accepted Palo Alto's proposed action, it would be locking in those areas tighter than unc;er the typical "-es" zoning where Stamford could go to the county if the city turned Stanford down. He asked Councilman Norton if it were his intention to have a tighter con- trol over those two areas than the "--cs" provided. Councilman Norton responded that it was not his intention to weaken the arrangement from the city's point of view. If the county would have accepted the way it was set up initially, it m!sht have been stronger, but the county counsel said he did not like it. The an- nexation option is about the same under both proposals. There is not too much difference from a practical procedural point of view between the two. Trying to make a special set of rules for one pro- perty owner would present problems for the county. The staff modi- fication is simpler, and is consistent with the "-cs" application on a countywide basis. Council will make an annual review of the&, and can change it if it is not satisfactory. Councilman Henderson said that page 2 of the staff report, second paragraph, states that "almost any development proposed by Stanford" in those areas would first have to seek annexation. He asked what is left out. Mr. Knox replied --residences on two and one-half acres and agricul- tural uses are permitted without annexation. Councilman Norton noted that there was an area of agreement that was reached in the last meeting which did not appear in the staff's report. This agreement was in relation to Stanford's willingness to enter into a written agreement with the city whereby Stan ord would agree to provide copies of environmental impact information as they filed it with the county, and in turn, the city would provide Stanford with similar informttion regarding city projects that would have signi- ficant impact on Stanfori;i. He thought it was important in the central academic areas, which now would be totally exempt from everything by virtue of their exclusion from the "-ca" zone, that there be at least receipt of information and environmental impact reports on proposed developments. Mr. Knox said there were two different actions related to the aca- demic core. At a meeting with county, Stanford and city staff on November 15, there was discussion of a university -city agreement, 394 11/26/73 i 1 and Mr. Norton asked Mr. Hudnall and Mr. Knox to draft an agreement formalizing this exchange of information. At the November 12 Coun- cil meeting, there was a request for staff and Stanford to coordinate on a five-year master plan. Councilman Norton said his agreement with Mr. Hudnall was that the terms of such an exchange would be reduced to writing. Councilman Sher stated that he is an employee of Stanford University, but he is a tenured member of the faculty and has no connection with the office of the Vice President for Business and Finance which is the office of the university under which land development is handled and is the part of the university interested in the "--cs" zoning matter. City Attorney Booth has advised Councilman Sher that he has no conflict of interest and may participate in thnse discussions. Councilman Sher said that he would like to pursue the matter of the agreement between the city and Stanford. He assumed the university was willing to enter into this agreement for the exchange of infor- mation irrespective of the positions taken on the "-cs" matter. In regard to the land west of Junipero Serra, Council took action to request the removal of that land from the blanket use permit, and that action still stands. Regarding the proposed change compared to ac- tion previously taken, he thought it was important to be clear about what is being done. Although the urban service area boundary can be changed in the future, it requires the cooperation of L A.F'CU, and since this is the time it is being established, it is important to get it right in the first place. In general, he supports the city - county staff recommendation. It is best to have uniform treatment. Exemptions lead to the possibility of other exemptions being requested elsewhere in the county. At the name time, he wanted to make sure the city could accomplish what it wanted in these vital fringe areas and at the same time, in line with the action of a majority of the Council on November 12, assure that academic developments will not be included in such a way that would be onerous or unreasonable to the university. He reviewed his understanding of the two ways in which Areas A and B could have a building approved. He then asked, if the city chooses to annex, would it be done like a prezoning, in which case the university can make annexation conditional on the city's agreeing to its development proposal, or must the university first propose an annexation, and the city makes that decision and then looks at what Stanford proposes to do in the annexed area. Mr.Knox replied that Stanford could start a prezoning process to Planned Community or any other zone and also start the annexation proceedings at the same time. Acceptance by the Commission and the Council of the Planned Community zone would be tantamount to aa.:cep.' tance - of the development proposal. The annexation would be heard first by L&FC° end than by the City Council. Mr. Knox confined Councilman Sher's understanding that if the city is unwilling to annex and agree on the development at the same time, the university is free to withdraw the application for annexation, and if they do so, that is the end of the project. Councilman Sher said suppose the university desired to build in Area B an addition to the medical school. It would be an academic buil- ding. They probahly would not scant to annex. If they applied to the county under the paragraph relating to not requiring or bane - fitting from city services, how would that proposal likely be han- dled by the county? 395 11/26/73 Mr. Knox replied that there would first be an environmental impact assessment as to whether the project impacts community resources. There probably would be a traffic impact on Pasteur and Willow Road... Further, the entire medical center building is within the city limits and is served by city utilities, and an addition to the building._ would logically also be served by city utilities. Suppose the city utility lines have already anticipated some kind of expansion. If the university wished to expand the building outside the city limits and utilize their own utilities for that portion, the city might find some of its capital utility investment unused. Councilman Sher asked if the medical facility is the only academic facility presently within the City of Palo Alto, Mr. Knox thought that was the case. Councilman Rosenbaum thought the original Norton proposal had certain advantages in that it took each part of the campus and established a procedure. There was a certain amount of policy set in doing that. The current proposal gives some idea of what is intended, but in five years someone might see that a rather arbitrary change was made in an urban service boundary which appeared to be not completely rational. He asked what would happen if Council applied to LAFCO to change the urban service boundaries to include all of Stanford. ',r. Knox responded that there was nothing to prevent a future Council from doing that, but LAFCO must approve it. The city will have to make a strong case to LAFCO for excluding Stanford now; so it will be difficult to make the opposite case later to include Stanford. If the Council changes the urban service area boundary as proposed in the staff revision of the Norton plan, and if the county "-r_s" zone is adopted without any amendment relating to Stanford, and if the city then asks the county to apply the "--cs" zone to its urban service areas, and if next year the urban service area is revised, the "-es" zone will not automatically apply to the territory added to the urban service area. The Council will have to request the County to zone the added urban service area with the "-cs" designation. Councilman Rosenbaum thought the city should have some concern about what used to be known as Area C. He asked what precedent Council was setting in this procedure should urban type development ever occur there. He said he would like to see some sort of sense motion saying what it is this Council intends by taking these steps. It intends to exempt the academic area from city control and define that in some way, and also say it is not the intention at this time to set a pre- cedent that would exempt Area C from city control should urban develop- ment be considered for that area. In response to Councilman Clay, City Manager Sipel said that construc- tion under a county use permit would probably be done under the county code and that he could not state the difference between the city and county codes, but there are substantial differences. Edward E. Shaw, executive assistant to the vice president and pro- vost at Stanford read a letter from President Lyman stating the university's position. M.r. Michael Hudnall, associate staff counsel at Stanford, confirmed that Stanford is interested in pursuing an agreement regarding the exchange of information and would be working with Mr. Knox and the City Attorney on it in the future. 1 3 9 6 11/26/73 Mrs. Elsie Begle read a letter from Mr. Hobart Burns, Academic Vice President of California State University at San Jose, regard.ing.po- tential loss of academic freedom from city control over a university's academic development. Councilman Norton said the motion he would be inclined to make at this point would to a large degree satisfy the concerns that were expressed about academic freedom. At the last meeting of November 12, Council voted not to go along with the Planning Commission's. idea of total control. It is the same concern for the academic areas that moved him to get involved in this and try to figure out a way that could make sense from both Stanford's and the city's points of view. Ee was respectful of Mr. Lyman's and Mr. Augsberger'a con- cern as stated in their letters. As a pragmatic matter, the concerns stated by Stanford are largely illusory. Area A is along El Camino; B is by the golf course; C is across Junipero Serra Boulevard. Ac- tion proposed tonight in no way affects Area C. The city has already written the County, asking that a change be made in the procedure for Area C. Area A is a long strip of trees north and south of the stadium. There has never been any suggestion that this area is going to be developed in any manner. If it were, such development would be of legitimate interest to Palo Alto. Area B is half taken up by the golf course. There has never been any suggestion that it will be used for any other purpose. As a practical matter, it is purely an exercise in talk that the city is in any way adversely affecting Stanford by attempting to insure that if anything happens there, the city would want to be involved. The only remaining area is the balance of Area B around the hospital. One can argue either way, but he felt the city should have the option of looking at projects there, and if appropriate, to annex the property. It is questionable whether the medical center and hospital is solely devoted to academic uses. It is :t mixed use and a profit -making one. He did not see as a practical matter that the compromise he proposes is really ouch of a threat to the university. The established academic cam- pus is totally exempt, which is a far cry from the original propo- sal that came to the Council from the Planning Commission. He hoped that Stanford would see that Council is responsive to the concerns expressed. MOTION: Councilman Norton moved, seconded by Comstock, that the boundaries of the urban service area be drawn in accordance with Exhibit A and that Lq,FCC be so notified, AMENDMENT: Vice Mayor Pearson moved, seconded by Norton, to modify the boundary of the urban service area to include the one acre west of the Bowdoin and Stanford Avenue intersection. Councilman Sher recalled that Councilman Norton said earlier that this parcel of land relates to a traffic problem that is not rele- vant to the matter under conaideration. It mixes up one issue with another and gets into what he felt Council should resist --essentially a symbolic battle of power and philosophy. He felt the amendment did not relate to the objectives of the "-cs" zone. Vice Mayor Pefmrson said that if Council is going to be consistent, then it had better include it, because the people who live in Col- lege Terrace feel the traffic and Frenchman's Terrace are woven to- gether. One of tme big issues when the decision was made on French- man's Terrace was whether or not the city would have that piece of land to be able to control traffic in the city. She felt it should all be included at one time. 397 11/26/73 Mr. Knox said that the city has an opportunity once a year to revise the urban service area boundary. If it is ever' contemplated, -by Council that this particular piece of land is to be annexed, this. is the time to incorporate it in the urban service area. The amendment passed on the following vote: AYES: Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Beahrs, Berwald Councilman Beahts said Councilman Norton made a convincing state- ment, but he was not persuaded and was concerned about the political implications of the general proposal. He thought a major academic institution should be jealously guarded against political influence of any substance or even petty politics. He died not think it was appropriate for the Council to take this action, particularly when it was stated many times that it can be reviewed each year. He felt Council should give some real support to Stanford's open-ended approach. He was inclined to give them the benefit of the doubt. He could not see Stanford, with limits in its resources and conflicts that exist within its own family, doing any violence to Palo Alto in the space of one year. He thought there was time to live coopera- tively and exchange information as had been pleaded for by Stanford, and is that does not work, maybe political intervention is warranted. He felt cooperative effort was indicated first as compared to coer- cion. Councilman Berwald said he would like to commend Councilman Norton for developing as good a compromise as a City Council could deVeio- in its attempt to regulate development of adjacent areas in which et. has an interest. If it were simply that, he would support the motion, but he cannot, because the: Council passed lightly over the informa- tion from Stanford. The Council is not dealing with a property owner who is in business to develop and exploit the value of his pro- perty. It is dealing with an institution that is equal in most ways to a municipal body. He said he would not vote for this, because it represents a philosophy of handling, conflict by domination rather than by comp.:omise or integration of viewpoints. Imposing these burdens is a matter of academic freedom and of common decency and of trying to work hard to come to a conclu.i.on that is not imposed from one body to another. The county ordinance was not written to deal with the situation Palo Alto has with Stanford. This Is one case where Palo Alto could rise to the occasion, and there is no better place to begin to develop mutual understanding and mutual integration of thought than this. He asked Council to try to develop closer voluntary cooperation and solve problems in that way. To look at the depth with which Stanford views this question, observe that the president himself has directed a letter to Council. There is merit in not acting on this this evening and making one more try to develop a mutually acceptable agreement with Stanford. The motion as amended passed an the following vote: AYES: Clay, Comstock, Henderson, Vorton, Pearson, Rosenbaum, Sher NOES: Eeahrs, Berwald 398 11/26/13 MOTION: Councilman Norton moved, seconded by Pearson, that Council revise the adopted Urban Development/Open Space Plan to label the excluded area as "Urban Transition/Long Term Open Space," and.la the areas of the Stanford University golf course and arboretum, in-- cludea within the urban service area, as "Urban Open Space" (Exhibit B). (There is no need to revise the Open Space Element of the Palo Alto General Plan.) The motion passed on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Sher MOTION: Councilman Norton moved, seconded by Comstock, that Coun- cil urge the County Planning Commission to adopt the "-•cs" zone without amendment No. 6. The motion passed on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Beahrs MOTION: Courcilman Norton moved, seconded by Berwald, that irrespec- tive of the city's stance on the "-cs" zone issue and irrespective of what action the county might take on the matter, the city and Stanford would enter into a written agreement whereby Stanford would contemporaneously, or nearly so, file directly with the Planning Director of the city copies of any applications and supporting docu- ments required to be filed =under the county EIR procedure for pro- jects in the academic area exempted from the "--cs" zone, except on small projects for which it can be determined that a negative declar- ation would result. In turn, the city would agree to provide Stan- ford with information with respect to city plans for projects which would have a significant impact on Stanford, as it has been doing voluntarily within the past few months. M.f1E: Staff directed to formalize such an agreement with Stanford for City Council approval. The motion passed on a unanimous vote. MOTION: Councilman Rosenbaum moved, seconded by Henderson, that the actions taken by the Council on November 26, 1973, with respect to application of the "-cis" zone to Stanford property are intended to exempt from control by Palo Alto developments in that part of the. academic reserve located to the northeast of Juniper° Serra Boulevard except for those areas included in the urban service area on Exhibit A of the November 21 staff report. It is not intended that this ac- tion act as a precedent to prevent consideration of city control of urban type development on lands in the academic reserve located southwest of junipero Serra Boulevard. Councilman Berwald asked the City Attorney what effect this notion would have on the previous motion. He wondered if this sort of a sense motion were appropriate when dealing with an area of land use. City Attorney Booth said he did not see any harm in it. It is merely a statement of policy over property over which the city does not presently have any jurisdiction anyway. 399 11/26/73 The motion passed on the following vote: AYES: Beahrs, Clay, Comstock, Henderson, Norton, Pearson, Rosen- baum, Sher NOES: Berwald Executive Session Council adjourned to executive session from 9:20 p.m. to 10:20 p.m. Re uest to Stud House -to -House Picku fELEgme.16781=ewilwasgsuummi lg Councilman Henderson said he assumed the Council received his mew; were there any questions? MOTION: Councilman Henderson moved, seconded by Pearson, to direct the staff to actively pursue study of providing separate house -to - house pickup of discarded newspapers for recycling and staff to report back to Council with their recommendations. Councilman Berwald said he would like the staff to comment on this. He gathered from Mr. Henderson's memo staff is already actively pur- suing this. Councilman Henderscn agreed and said he was just adding policy to it; it would be Council -directed policy to staff to do that. Mr. Sipel confirmed staff are working on it with two groups of Stan- ford students. He said it will take some time to complete the pro- ject, however, probably the better part of the next six months. Without knowing the specific schedule, he noted that city staff will be counting very heavily on the Stanford students to do the actual work and will be working with them, counseling them and then cri- tiquing their end product which will be what staff will submit to the Council. Responding to Councilman Berwald, Hr. Sipel said any new assignment gets in the way of priority setting but he thought it a reasonable thing to take on at this point and a logical outgrowth of the re- cycling efforts that the city has already started. Councilman Berwald said Hr. Henderson had included a caveat for C.A.R. but there are lots of other churches and scouts, etc., that pick up papers. Councilman Henderson responded he understood that in some areas the Boy Scouts pick them up. They do not in our area and he did not realize that. He just wanted to point out C.A.R. which relies so heavily on this. The staff is probably aware of other organizations and that will have to be taken into consideration on what the city's revenue may be and how it might be disbursed. Councilman Berwald said he would support this and would hope that the staff would include C.A.R. and ease scouts, and any other groups that are already picking up newspapers, in their studies. 4 0 0 11/26/73 Councilman Norton asked Mr. Sigel if staff had.got far enough into. it to have any feeling as to whether the thing might be a break- even proposal financially. Mr. Sipel replied, not yet, but he would visualize a range of alter-. natives that would start with a breakeven operation and then go to- ward the negative side. Obviously, if the city is goi.ug to offer backyard pickup of newspapers as well as other things, it is not going to come anywhere near breakeven. There is an experiment going . on over in Berkeley and staff ought to be able to learn something from that. That is currently in operation and will be part of the study. Councilman Henderson added to Mr. Sipel's comments that the people in Berkeley who handled it say that they are a little more than breaking even already after one year. Maybe it will go downhill later but so far it is okay. The motion passed on a unanimous vote. Car Pools to Foothill College Councilman Rosenbaum noted that Council has received letters inquiring about bus transportation to Foothill College. He said in response to a recent i&'tter he spoke to Dr. Smithwick, the president of Foot- hill Community College Board of Trustees, and asked him about the possibility of forming car pools., At present there is no formal program at the two colleges to actively encourage err pools although they do put out words to this effect at the beginning of each quar- ter. Dr. Smithwick indicated that he would be receptive to some encouragement from Palo Alto City Council in the form of a communi- cation. Councilman Rosenbaum said he wanted to particularly point out that even when we do have improved bus transportation to Foot- hill College, it simply is not going to be able to handle very many people --a few buses an hour can carry 60, 90, 100 people and that is about it. Most everybody is going to have to get there by car in the foreseeable future and with gasoline rationing potentially coming, that would be a real problem, He had also spoken to a gentleman at Lockheed who is currently working on a computer -based car pool system for one group of people commuting to Lockheed and he has volunteered. to work with anyone who is interested and make some suggestions so it will not be.neceesary to start from scratch. MOTION: Rosenbaum moved, seconded by Pearson, that the Mayor be requested to write to the Foothill College Trustees to inform them of the request that has been made for more transportation, to ex- plain the inadequacy of the Transit District Bus system, to encourage the implementation of a car pool system and to offer any assistance that our city staff feels is appropriate. ?qtr. Sipel asked what Mx. Rosenbaum had in wind regarding ". . . offer any assistance chat our city staff feels is appropriate." He would not like to have staff take on a programming job because he did not fell they had that kind of resources available at this time. Council - Mau Rosenbaum said he did eat see the city taking on the programming effort. He vas thinking that Foothill probably has the personnel to do that. The city could help with simple matters such as saps or maybe one of the city's systems peop:e can talk to Foothill staff and offer some suggestions. 4 0 1 11/26/73 Vice Mayor Pearson commented that she already has a carpoolgoing from her house. Her daughter takes several students with hexeach day. She suggested expanding the concept to have the Mayor write to Stanford Industrial Park. They certainly have the expertise and the need and perhaps they could get started. The Mayor has something that shows what United Airlines is doing, which is probably similar to Mr. Rosenbeum's concept. It could cover more than just Foothill College. Councilman Rosenbaum said that would be very appropriate. He had thought of the college because it has a particular problem and Council is getting requests to attempt to offer some assistance. Anything that can be done to encourage car pools would be helpful. He would be 'nappy if sOmeona-offered an amendment to have the Mayor write a general letter encouraging car pools. AMENDMENT: Vice Mayor Pearson moved, seconded by Comstock, to amend the motion to add that the letter also be directed to major employ- ment ceeters. Councilman berwald said he thought the best way that the city can encourage car pooling and the saving of energy is by example them- selves. He did not know whether Mr. Sipel was in the process of dol:sg many things in the saving of energy but he felt Council should encourage its own employees to use car pools and perhaps set up a city system, similar to those :.et up by private industry. Mr. Sipel advised that the city is going to be doing that a number of other things. The amendment passed on a unanimous vote The motion as amended passed on a unanimous vote. Adjournment The meeting vas adjourned at 10:35 p.m. ATTEST: 4 0 2 11/26/73 APPROVE: City Cle Mayor