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HomeMy WebLinkAbout01241972MINUTES city of palo alto January 24, 1972 The City Council of the City of Palo Alto met on this date at 7:35 p.`�. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Clark, Comstock, Henderson, Pearson, Rosenbaum, Semen Absent: Berwald, Norton Minutes of Janua�Q Y 1972 There being no corrections to the Minutes of January 10, 1972, the Minutes were approved as submitted. 1;rbar �3ic,cie Route Systew (C:IR:141:2) Mayor Comstock acknowledged receipt of a letter dated January 23rd from Mr. William M. Ford, 3872 Duncan, Palo Alto, Mayor Comstock asked Acting City Manager Sipel to report. Acting City Manager Sipel said Mr. Tee' T. Noguchi, City Traffic Engineer, would discuss this item. Mr. T. T. Noguchi, Traffic Engineer, stated that it is nine months' since Council addressed itself to the Urban Bike Route System and at the Council meeting of April 19, 1971 the following actions were taken: 1) Council approved a resolution adopting the "Urban Bicycle Route System -- Masterplan", identified in the City Manager's report (CMR:757:1) as.Exhibit "A"; 2) Council approved an ordinance for first reading, which amended certain sections of Chapter 1}.64 of the Municipal Code and provided the local legislative action required by the California Vehicle Code for the establishment of exclusive -use bicycle lanes on public streets, as well as for the regula- tion of bicycle riding within such exclusive -bicycle lanes. Mr. Noguchi noted that the identification of public awareness levels and -public attitudes toward bicycling rules and regulations had been assessed through a profea- sional research and survey effort performed by Bardsley and Haslacher, Inc. marketing research consultants, under the auspices of a Federal assistance grant through a- vni.ract with the City. The summary renort__of the consul- tants' findings was transmitted to Council under date of January 19, 1972. Mr. Noguchi summarized the considerab?.e Countywide and Statewide activity regarding the subject of bicycle/routes, paths and lanes in recent months. In particular he noted that latest reactions from bicycling organizations and public agencies reveal tb;at the concept of two-way bicycls , lanes in public streets, as indicate'i on plan "C", have little support in either the private or public nectars. 14'. Noguchi concluded his remarks by saying that, in staff's opinion, Flan "IP is the most practical and reasonable solution upon which to implement the Urban Bicycle Route System. He added he__fe_lt the -lime -for -action is now and would recommend that there be no wore delays in implementing this idea. 3 g' 8 1124/72 Responding to a question from Councilman Beahrs, Acting City Manager Sipel stated that the abided policing costs for the Urban Bicycle Rolte program would be roughly one-half to one policeman annually, spread over the entire year. Mr. Noguchi responded to Council's questions regarding how the bicycle lanes would be identified, the colors to be used in marking, and whether uniformity has been established throughout the State. He stated that a State committee is considering standards and any standards which Palo Alto might adopt would be purely on an interim basis and submitted to the State committee fox approval. Should the State committee take action later, Mr. Noguchi said that Palo Alto has done more in terms of evaluating the alternatives for various bicycle systems than any other jurisdiction and it could very well be that the State would adopt Palo Alto's recommenda- tions in this regard. Responding to further questions, Mr. Noguchi outlined the differences between plans "A" and "B". Mayor Comstock stated that he had received severa). telephone calls sug- gesting the need fox' Council to make a further review of the proposed system. He asked Council whether they wised to consider the alternatives before them tonight, or refer this ratter to a committee, in which case the time of the people who wish to speak to this subject tonight night be better used at the committee level. Councilman Clark said he felt strongly that this ratter has been thoroughly hashed out .n committee already, with the ex'-,nt;on of the :natter of one-way lanes. He said he felt that Council could get the feeling of the community as they hear from citizens tonight. He did not think there was much more that a committee could do. he hoped the subject ~would not be referred to committee again as he is anxious to see a Bicycle Route implemented. The matter of restrictive parking is a problem and he would like to hear from the public tonight regarding this subject. Roy Petersen, President, W etera Wheelers Bicycle Club, P.C. Box 183, Menlo Park, 94025, stated that he represep_ts the largest bicycle club on the Peninsula and a large number of the members are from Palo Alto. Mr. Petersen commended the City for planning such a system and said he believed Palo Alto would be the first City ia the entire Bay Area to provide such a comprehensive and needed bicycle facility. Speaking of the three plans before Council, Mr. Petersen said the Western Wheelers are concerned about the safety factor of Plan "C", which calls for two --way bicycle on one side of the street. tie urged the Council to seriously consider adoption of Plan "A" which, he said, without a doubc, would be the most efficient, desirable and safest kind of system. Summarizing, Mr. Petersen noted that while the Western !Wheelers Bicycle Club strongly recommends as the best system Plan "A", with one --way bike lanes and no parking, should :Ifs not be ceuaidere4 feasible they could accept and live with Plan 'rB'o He said they felt it would be a crime to delay any further the implementation of the system and they hope that this matter would not be referred again to a committee for study, session. Pobert Heckiuger, 1030 Moffett Circle, Palo Alto, member, Peddlers' Bicycle Club, said this Club wished to recommend strongly against adoption of Plan "C". He spoke of the hazards involved in Plan "C" and said their first recomendation would be adoption of Plan "A", but they also realized that Plan "B" represented hazards not nearly as serious as those involved in tvo way bicycle le -ea. 389 '1/24/72 Floyd Kessler, 4272 Los Palos Avenue, sail he hoped that the Council would go along with the staff's recommendation. He thought Plan "8" a good place to start and he urged action at this time rather than refer- ring the matter back to committee. James E. McCoy, 440 Kansas, President, Skyline Cycling Club of Palo Alto, spoke of the large membership in this club within the North Santa Clara Valley and, particularly, residents of Palo Alto who Lase their bikes ta commute to work. He said his organization agrees with Mr. Petersen almost a hundred percent. Palo Alto will play a leadership role in adopting this bicycle route and he urged Council to enact either Plan t`A" or Plan "8", and reject Plan "C". The time for action is now, he said. Mary E. Hallesy, 1246 Emerson Street, said that she is a member of most of the cycle clubs in the area and she and her family are enthusiastic cyclists. She asked Council to consider the bicycle as an alternative to the automobile and said when planning a bicycle route consideration must be given to all who ride a bicycle, from the wobbly six year old to the senior citizen on an adult tricycle. Mrs. Hailesy spoke in opposition to two-way bike lanes and urged educational programs for all, including the pedestrians. She said she hoped every effort would be made to encourage this delightful, healthy, smog -free activity. David ttieissnan, 530 Kendall, Palo Alto, said that he is a cyclist com- muter. He spoke in favor of Plan "A" and said that to park an automobile on the street is a privilege, not a right. Dorothy Biederstadt, 901 Hutchison Avenue, Palo Alto, cnesber of the PTA of Jordan High School, noted that 500 students ride to school each day and a bicycle route is br.dly needed. She suggested Plan "A" as the best solution and said that adoption of this Plan would also ease the problem fur motorists. Eric Hjertberg, 360 Oxford, stated that he is strongly against adoption of Plan "C" as this could be hazardous. He would be in favor of Plan "A" and said that this seemed to be the consent;_►s of opinion amongst cyclists he has spoken to. Bruce Ball, 161b Escuela, Mountain View,President, Santa Clara Valley Bicycle Association, said he has been involved in discussions concerning the bicycle route from the beginning, and has had several discussions with Traffic Engineer Noguchi and others who have spoken this evening. He would suggest Plan "A" or Plan '8". Mr. Ball referred to statistics pro- vided by the Traffic Engineer and plans for a six months' evaluation, of overnight parking permits. He said the next six months would be a good time for an evaluation as that period would include the summer moaths, when lots of young people are riding bikes. He urged Council to adopt Plan "A" at this time and said he would settle for Plan "8", but to any e°.rent Palo,Alto should beeo to Pioneers in the field of bicycle routes. Julie Spranza, 916 Addition Avenue, Palo Alto, said she aides a bicycle regularly. She gave Council examples of two accidents she has bet.n involved in and urged that the lanes be clearly marked. She said she would be strongly opposed to any plan which would provide for parking near a bike lane, and it is now timer to cater to the people who do not drive motor cars. Hal Hudson, 535 Everett, Chairman, California Avenue Association Parking Committee, said this committee does have a conceru__ubout, the specific bicycle route which involves the California Avenue area. This neighborhood has a serious parking problem, especially on Sherman. and Ash. He asked that the. basic concept be decided thle avening, but not the ppecific route. Mr. Hudson 3 9 0 1/24/72 referred Council to the Association's letter of last August, which protested a specific route that would eliminate 25 narking spaces. He asked that all aspects of the plan be explored .end sesgested that perhaps other routes could be worked out. Bruce Lewenstein, 3348 Middlefield, speaking as a citizen and not as a representative of YAC, said that he is not a member of a club, and not a commuter but he does use many of the streets of Palo Alto regularly when riding his bike. He said he felt two-way bike lanes are dangerous and gave an example of the route he takes at present and said he did not think that establishment of a bicycle route would necessarily change his habits. Clifford R. Barnett, 733 De Soto Drive, stated that he is a regular commuter - cyclist. He said he felt the motorists should be prepared to compromise new if Plan "B" is adopted, es the bicyclists have compromised for many years. He urged Council to adopt Plan "A'S. He said they have been waiting a long time for this and a compromise makes motorists and cyclists unhappy. Ellen Wyman, 546 Washington Avenue, speaking for the Palo Alto Civic League, said the League was disappointed to see the staff report presented to Council at the same time as the ordinance authorizing implementation of the Urban Bicycle Route System. She said the League felt that now is the time for citizens to react and that there should be input from all residents - drivers, the YAC and clubs, so that many different points of view are expressed, She hoped than Council would not take action tonight and said it is time for citizens to reexamine the proposed system before Council goes ahead. Ccur.cilman Clark commended the speakers Council had heard from this evening. He noted that the concerns expressed by specialists had ciao been aired at the Public 'storks Committee hearing and said he recognized the shortcomings of Plat. "B" and that it is not an ideal plan 'out ne said Coun_c! 1 could expect more input from the public between the first reading of the ordinance this evening and the second reading. Councilman Clark asked staff questions about the parking restrictions. How, he said, would the milk truck deliver, for example? Would a moving van be prohibited from stoppipg in front of a house? Responding to Councilman Clark, Charles Walker, Assistant to the City Manager, stated that exceptions would have to be made and the wording of the resolution prohibiting parking on certain streets would have to be changed. City Attorney Stone agreed that changes could be made to provide for a limited stop; say, two minutes. Councilman? Clark expressed further concern about the parking restrictions within the University Avenue. Assessment District and the California Avenue Assessment District. He also spoke of the importance of an educational pro- gram to °'1irainwash" youngsters such as Bruce Lewenstein, who might prefer to continue usins_the routes they h a'e ten used to rather than an official bicycle route. Councilman Beahrs said that the general "consensus of this evening'sdiscussion indicated that Plan '`B" is favorable. He said he thought Council would have a nuge hue and cry when people realized that they cannot use the front of their homes for parking._ He spoke of the pedestrian and added that, in his opinion, Bruce Lewenstein had put his finger on the crux of the matter - people will Use whatever route is best for them. He urged Council to imple-. meat large-scale experimentation before going ahead with a set plan and raised questions concerning the signs and marking of streets where duty— four hoist parking would be prohibited' TO rr. Noguchi's response that a "No Parking Anytime" sign, coined with a bicycling sign, would be used, Councilman Beahra replied that he did not like "the billboard aspects". 391 1/24/72 Councilman Rosenbaum, speaking of Plan "B", said one potential trouble would be having a bike lane on the outside of a parking lane. He sug- gested that this entire matter be referred again to committee and that the City might try polling along streets to see -:.whether residents would accept Pian "A". MOTION: Councilman Rosenbaum moved, seconded by Beahrs, that the subject of the Urban Bicycle Route System be referred to the Policy and Procedures Committee. Councilman Semen asked Traffic Engineer Noguchi to give statistics on accidents. Traffic Engineer Noguchi gave statistics on accidents, noting that in 1968 there were 30 accidents, compared with 76 in 1971. The trend and usage are up, he said. Councilman Pearson expressed concern about the parking restrictions and haw the City would approach educating the residents between now and Aptil 1. Traffic Engineer Noguchi stated that staff would implement a major educational effort in sch--1-,_s and for the motorist and general. public. Some of the homeowners would he sampled to assess their feelings about the parking ban. The staff would report back to Council with the findings of this survey so that Council could anticipate the general reaction. Responding further to Councilman Pearson, Acting City Manager Sipel said if Council decided to approve in principle Plan "A" or Plan "3", the City would, as Mr. Noguchi had stated, sample homeowners by picking a typical area. If the sampling indicated a favorable reacticn, staff would place a resolution before Council again; if not favorable, Council might wish to reconsider. He noted that the_ City plans to contact each resident who would be affected by one of these parking bans to advise them what will happen and when it will happen. There would he warnings issued to violators for a period of time and eventually citations would be issued to violators. Councilman Pearson asked further questions about how the sampling would be conducted by Mn-. Noguchi's office, especially bearing in mind limited staff available. Responding to Councilman Pearson, Mr. Noguchi said he planned to utilize the people who have some interest in the bicycle system and noted that many of the bicycle clubs have volunteered to assist the Traffic Engineer in this area. Councilman Clark spoke in opposition to the committee referral motion. He eaid he could not see what assistance a further committee discuston would be to Council. He said he recognized that "A" is the better plan an4, were it not so neat fictive to _ the reed. ;ts of the a“00 _ 1ia__c°::�i'v be -foe -It but he ceuid not conceive no parking on Cowper and waverley, for example. He said he would vote for plan "B". Councilman Henderson expressed concern about Plan "B" because the bike lanes would be adjacent to the parking lanes. He said he would prefer to work toward Plan "A", but with the stipulation ,that at least one side of the street be,-avai?sbxe-sir parking in the evening. AMENDMENT: Councilmen Henderson moved, seconded by Spann, that the referral motion be amended to refer the subject of the Urban Bicycle -Route System to staff, rather than the Policy and Procedures Committee, so that a survey : and samplit4 of the reaidenta can be carried out tad some resolution of all the points raised this evening reached. 392 1/24/72 Councilman Pearson said she would like a time limit placed on this referral and that it be understood that Mr. Noguchi would form a committee to help him in this work. Responding to the referral motion, Acting City Manager Sipel said staff would hope to return to Council within four to five weeks. Meanwhile, they would utilize all resources at their disposal - staff people and volunteers, to sample the public's reaction. He said staff would call on the community to assist in this sampling. Councilman Seaian.said she would support the amendment to refe Plans "A" and "B" to staff, but would like the motion to also include the concept that the Council has rejected Plan "C". Councilmen Rosenbaum said he still preferred to see the matter returned to committee to discu:as ghat staff has proposed and he was, therefore, in oppcsition to the amendment to his referral motion. Mayor Comstock suggested that the referral be to staff and staff to return the atter to Council and not to committee. He noted that referring the subject to staff will produce_ a review of "A" and E"B". He said he was opposed to the referral to committee and wished the *utter to go to staff for review and to include- ire their review the wishe- of Council that staff work.. with the com- munity in this effort, Acting City Manager Sipel said if Council approves Plan "A" or "B" staff will go out into the community. Councilman Pearson urged Council to approve Plan "A" and then ask staff to go out farts, the community and sample the public. She said she is not interested in "B" or "C". Further discussion ensued on the concept of Council approving Plan "A" this evening and then seeking input from the public. Councilman Beahrs said he felt Council would be making a mistake in not pur- suing the idea of major experimentation before freezing Plan "A" into the ordinance. He felt that it would be better to eliminate the problems and educate the people filet. The amendment to the referral motion was defeated on the following rol.I call. vote: Ayes: Rosenbauua, Seman Noes: 3eahrs, Clark, Comstock, Henderson, Pearson The motion to refer to the Policy and Procedures Committee was defeated on the following roll call vote: Ayes . Rosenbaum Noes: Beahrs, Clark, Comstock, Henderson, Pearson, Seman Mayor Comstock stated that he assumed and expected that the Urban Bicycle Route System is a program the City will implement and learn from. He urged Council to try Plan "A'", and said the City must find cut how the people feel and try to maintain parking. 3 9 3 4/24/72 MOTION: Councilman Pearson introduced the following ordinance and moved, seconded by Comstock, its approval for first reading, with Plan "A" in- cluded specifically as the exhibit: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING BICYCLE LANES AND PATHS ON CERTAIN CITY STREETS AND AUTHORIZING IMPLEMENTATION THEREOF, AND AMENDING SECTIONS 10.04.040, 10.64.100, 10.64.180, and 10.64.190 OF THE PALO ALTO MTN IC IPAL CODE, REPEALING SECTIONS 10.64.110 and 10,64.150 OF THE PALO ALTO MUNICIPAL CODE, ,AND ADDING SECTION 10.64.185 TO THE PALO ALTO MUNICIPAL CODE PRO- VIDIK; FOR THE REGULATION OF BICYCLE LICENSING AND OPERATIONS Councilman Pearson said it was important that the public be educated between now and the second reading of the ordinance and this :night be set for a later date than two weeks from tonigi- t. AMENDMENT: Mayor Comstock moved, seconded by Councilman Henderson, that the second read1r' of the ordinance be set for February 28, 1972. The ordinance was approved for first reading, with second reading February 28, 1972, on the following roll call vote: Ayes: Clark, Comstock, Henderson, Pearson, Rosenbaum Noes: Beahrs, Sean Reduced Bus Fares for Senior Citizers MOTION: Councilman Henderson nc've.d,•seconded by Seman, that Council con- sider the subject of reduced bus fares for nenior citizens out of order at this time. The motion passed on a unanimous voice vote. Mayor Comstock asked Mrs. Pearson to speak to this item. Councilman Pearson referred to her memorandum to Council dated January 20th, 1972 and atated that on December 30, 1971 the Palo Alto Citizens* Advisory Committee to the Sat: JoaeiPalo ktto Transit Authority unanimously voted to recommend to the City Council the reduced fare system of five cents for senior citizens for a three month period commencing March 1, 1972. This system to be operated during peak off -hours from 9:00 a.m. to 4:00 p.m. and all. day Saturday. MOTION: Counciima.n Pearson moved, seconded by Semen_, that staff be directed to implement a reduced fare system of five cents for senior citizens for a three month period commencing March 1, 1972 and that the system be operated during peak hours from 9:00 a.m. to 400 p.m. and all day Saturday. -Mayor restock rer-ngniztd Hr. Thomas Reese who had requested to speak to this item. Tom Reese, 260 Sheridan, endorsed the proposal before Council and said other concerns of senior citizens include the bus routes, the times end equipment. Ted Kai, 1046 Tehema, Menlo Park, said he has been observing the bus system for some years and noticed that the only people who use it are minority groups or senior citizens. He said why not implement a free ride for senior citizens. 3 9 4 1/24/72 Further discussion ensued on the way in which senior citizens might identify themselves when requesting the reduced fare. Mr. Reese noted that the usual procedure is for a senior citizen to show his or her social security card. He said this has work:d well in other ci_icc. AMENDMENT: Councilman Beaters moved, secot,ded by Rosenbaum, that the motion be amended to change the operating time from 9:00 a.m. to 3:30 p.m., instead of 4:O0 p.m. Mr. Reese spoke to this amendment and said that many afternoon meetings for seniors start at 2:00 p,m. and go on later than 3:30 and the 4:00 p.m. time would allow people to get home withinthe operating period of the reduced fares. Zelda Barrett, 733 De Soto, said that another means of identification is a taedicare card for people over 65. She noted that many blind people already have free transportation on public facilities. The amendment to the motion failed on a unanimous voice vlote. The motion as originally stated passed on a una:ti:ous voice vote. Mayor Comstock declared a recess from 10:00 p.m, to 10:15 p.m. Bic-c1e Theft Prevention Pro ram: Status or Rep t (CMR:139:'T Mayor Comstock asked staff to report. James C. Zurcher, Chief of Police, referred to the staff report A January 20, 1972 and said he wished to present visually some of the things Council may not be aware of regarding bicycle thefts and the City's bicycle theft prevention program. He noted that the number of bicycle thefts has increased in Palo Alto from 519 in 1966 to 1 370 in 1971. Of the 1370 thefts in 1971, 809 bi- cycles were recovered. In addition, the Police Department handled 560 atan- cloned bikes and returned about 350 of those to members of this and other com- munities. Chief Zurcher noted that the program to contact owners of stolen bikes and invite them to look over abandoned bikes results in a good recovery rate. He also stressed the importance of licensing and said of 30,000 bicycles in the community only 13,000 are licensed. Using visual aids, Chief Zurcher outlined the areas where most thefts occur and also with the assistance of two officers demonstrated a "homing" device for a bicycle, to prevent theft. He said this is a new invention which will be appearing in bike shops soon. In summary, Chief Zurcher referred to proposed legislation, to be considered during the next session of the Legislature, which would require mandatory bicycle licensing under the vehicle code (Senator Mills' bill). He outlined further ideas for education of the community to help prevent bicycle thefts: Mayor Comstock thanked Chits Zurcher for his conaprehenaive and iuteresting report. Mayor Comstock then asked the Chief about plans to extend the registration program and efforts to encourage the community to register their bikes. Chief Zurcher advised Council of efforts being made to encourage riders to .license their bicycles and said there are clinics held at the schools and throughout the community on this subject. 3 9 5 1/24/72 South Ba Dischar era SSttudL (CMR:142:2) Meteor Comstock asked Acting City Manager Sipel to report. Acting City Manager Sipel said a study Wa3 undercaken in mid 99%0 as a o.,..t, Roy =t the behest of the joint etrort or a number of cities a:< <..e .:..�--= Foy - Water Control Board. He said he would ask Mr. Warren Deverel, Managing Director of Utilities, to report, as Mr. Deverel has been working closely with the consultants and other cities involved in the study. Mr. Warren Leverel, Managing Director of Utilities,.referred to the staff report of January 20, 1972 and reviewed highlights for Council. Mr. Deverel responded to questions regarding toxic waste and agreed to supply more information for Councilmen Clark and Pearson in time for the Santa Clara County Policy and Procedures Committee Meetirr; on Thursday, January 27. Pro-osed Changes in Downtown n e u at ns 4 = 2) WOWS Nayor Comstock asked staff to report. Mr. Warren Deverel responded to Council's questions regarding changes to be made in downtown parking regulations. Mrs. Crystal Gamage, President, Downtown Palo Alto, Inc. addressed Council and said this organization has been working on these changes for 6-7 months. They consider this to he Phase I and will offer further recommendations on better use of the parking lots, particularly for employees in the downtown area. MOTION: Councilman Beahrs introduced the following ordinance and moved, seconded by Pearson, its approval for first reading: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 10.04.050 OF THE PALO ALTO MUNICIPAL CODE TO CONFORM HOLIDAYS TO GENERAL MUNICIPAL HOLIDAYS AND ADDING SECTION 10.36.090 TO PROHIBIT OBLITERATION OF MARKINGS USED FOR ENFORCEMENT OF PARKING REGULATIONS" The ordinance was ,approved for 6irst reading on a unanimous voice vote. MOTION: Councilman Beahra introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION N0. 4538 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION NO. 2971 TO CHANGE THE HOURS OF PARKING RESTRICTIONS AND TO CHANGE TWO HOUR LIMITATIONS IN -C KTAIN PARKING LOTS TO ONE PARKING PRIVILEGE FOR EACH FIDE CONSECUTIVE HOURS" ' - The resolution was adopted on a unanimous voice vote. Re -authorization of Position o aajoug�,. -. an p orn- Mayor Ca Lock asked City Attorney Stone to speak to this subject. City Attorney Peter Stogy referred to his report to Council dated January 20 and said Cilia position had been euthaaized previously and "frozen". Empioy- 1/24/72 ment of an Assistant City Attorney would reduce the cost to the City of "Outside Legal Services". Councilman Clark commended City Attorney Stone for the excellence of his office. MOTION: Councilman Clark introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4539 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTIONS 4475 AND 4496 (THE COMPENSATION PLAN) TO ADD ONE ADDITIONAL POSITION OF ASSISTANT CITY ATTORNEY EFFECTIVE 1-24-72" The resolution was adopted on a unanimous voice vote. MOTION: Councilman Clark introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NO. 2644 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL. YEAR 1971-72 TO MAY1 A TRANSFER WITHIN THE CITY ATTORNEY'S DEPARTMENT BUDGET IN ORDER TO IMPLEMENT AN ADDITIONAL CITY ATTORNEY POSITION" The ordinance was adopted on a unanimous voice vote. Annexation Policies - Re ort of Finance and Public Work Committee In the absence of Chairman Norton, Mayor Comstock asked Councilman Clark to speak to this subject. Councilman Clark said the Committee had not brought a recommendation to Council on this subject. The Staff Report (CMR:134:2) of January 7, 1972, had given the Committee information on parks facililities In the College Terrace Area to assist them in their evaluation of the forthcoming Peter Coutts development. Councilman Henderson stated that he did not feel the Committee minutes reflected his opposition to the motion which indicated a respan,;ive attitude on the part of the Committee to possible annexations. Responding to a question from Councilman Rosenbaum, City Attorney Stone outlined the requirements for annexation procedures and said generally ep ah.ing the action is started by a petition to Council. and LAFCO by around 1U percent of the residents. These residents need not be land owners. __If there is over 50 percent protest by electors the annexation can -not -be accomplished. If there is no protest the matter would proceed to an election. Councilman Rosenbaum referred to the staff report which suggests that since it is the City's intention to annex the Peter Coutts site, it makes sense to also annex Pine Hill I and II. He stated this did not seem to be at the City's discretion and asked if there were any Stanford representatives here tonight to comment. Boyd Smith, Manager of Real Estate, Stanford University, stated that the University has not taken any position on the requirements for annexation at Frenchman's -Hill and Pine Hill- I and II because they have received no expression from the residents of this area. He stated that Stanford would like the Peter Coutts project to be considered on its own merit and independently 39 7 1/:4/72 of the possibility of annexation of Frenchman's Hill and Pine Hill I and II because there has not been a clear.expreseitn of opinion from the residents ol. Frenchman's Hill anci Pine Hill I and II and this ray take some time in coming. He noted that in the next three or four months Stanford will present to Council a pre -zoning application, which will include drawl% for the Peter Coutts development. Responding to a question from Councilman Rosenbaum, Mr. Smith said that his feeling is that Stanford would not stand in the :gay of the faculty residents should a majority wish to annex their area to Palo Alto. Councilman Rosenbaum asked about the feasibility of polling residents of the area under discussion and asked whether Stanford would have any objections to such a poll. Mr. Smith replied that ftanford would have no objection but the major concern of most residents is what will it cost the property owners if their property is annexed to the City of Palo Alto and it is necessary to pin down all of the facts and all of the costs before polling people. Councilman Pearson reviewed earlier promises made to the people of College Terrace regarding development of the Frenchman's Hill area. She said now they are faced with a project which is not just single family dwellings but much more intense development in that area. Mr. Smith noted that this discussion of annexation policies was not initiated by the University, but by the City Council. Richard Lee, 2308 Amherst, addressed himself to the subject of the Peter Coutts development and said that it will take away a hill which many people of the College Terrace aaea use to walk their dogs and he felt many people would be opposed to the area being developed. He said it was his impression from information received in the past that'che that area would not be developed. Mayor Comstock said the Council has had a policy of not actively pursuing annexation in recent years. This policy could be continued and Council could wait for specific annexation proposals to come t;, them.- For example, the Peter Coutts development. In effect, he said, the staff were "testing" Council with their report, knowing that these questions will be before Council and it is perhaps time to look at the overall annexation policy, review and reconsider it. Action will be taken on the Peter Coutts property when it is brought before Council for annexation and Council will have to respond at that time. Mayor Comstock asked whether Council wished to let events determine what "Their policy would be or whether they wanted the Planning Commission to come back and recommend to them a good annexation policy. He urged Council to think about this before the problem comes before these. Councilman Henderson said in his opinion the Finance and Public Works Committee had not really discussed an overall annexation eelicy for the City . He noted that this referral is still before the" `-_ ;-•_ping Co>maission.. MOTION: Councilman Hendersor.eteeecd, seconded by .Pearson; that the oeeee question of annexation cooky be return - co the citance and r ,xc Works Committee for con enued- review. Councilor -en} Pearson said e e was-arixioue ; e_ ew exactly where Council-etocy oh th:s policy and not simply react > -" aadividua1 annexation pro"o a1 r"wren reeelved.- ea, 1 398 1/24/72 Councilman Clark said he was reluctant to refer this matter to the Finance and Public Works Committee again, as he did not think they could do much with the subject at this point. He felt that Council should await the Planning Commission's recommendation and not do anything that would further complicate the situation with regard to getting the Urban Coalition Project off the (round. He agreed that Council has to come to grips with the entire annexa- tion policy problem, but said it should follow the new General Plan. Council- man Clark said he did not oppose the motion, but considered the subject should be given low priority at the Committee level and Council should await a definite recormendation from the Planning Commission before discussing it further. MOTION: Councilman Rosenbaum moved, seconded by Beahrs that, wit -1 Stanford's concurrence, staff be requested to poll the residents of Fine Hill 1 and II and Frenchman's Hill to determine whether they desire that the area be annexed to the City of Palo Alto. In conuidering this basic question the following assumption should be made: 1) no significant change in taxes; 2) no require- ments to change sidewalks, lighting, etc. to meet standards of Palo Alto. Speaking to the motion, Acting City Manager Sipel suggested that perhaps Stanford should poll its own residents and said he had concerns about the City of Palo Alto making such a survey outside its jurisdiction. Mr. Boyd Smith, i�nagei° of Real Estate, Stanford University, spoke of a citizens' committee organized by Stanford which is currently making a study. He said the residents do not feel ready to make a decision on annexation until the s committee has made its recommendations to them. Acting City Manager Sipel suggested that he might meet with representatives of Stanford to t'etermine status of the natter and report back to Council with some recommendations regarding timing. The motion failed on the following roll call vote: Ayes: Beahrs, Comstock, Rosenbaum Noes: Clark, Venderson, Pearson, Semen The motion to refer the broad question of annexation policies to the Finance and Public Works t:otiittee for continued review passed on a unanimous voice vote. Tax t StatE us of Institutions tact cin�F�iscriaiinatton Mayor Comstock spore to this item and referred to his memorandum to Council dated January 13, 1972 w-hicii covered a report on recent court decisions on the status of the Elks Club in Washington. MOTION: Mayor Comstock moved, seconded by Pearson, that the City Attorney be instructed to prepare a report on what actions the City Council may take to deal with organizations or institutions who engage in, as a matter of policy, racial or religious discrimination, and that this report and this matter be referred to the Human Relations Commission. Mayor Comstock acknowledged at this time receipt of a memo dated January 14, and an extract of minutes of January 13, 1972 received from the Human Relations -Commission on this subject. Councilman Beahrs stated that he thought this motion is premature in view of pending litigation. Councilman Henderson stated that he would support this motion and he would want the City Attorney to include ir.his report a statement about City officials using ouch facilities. He said he hoped that individual business luncheons conducted at such clubs or organizations would not be eligible for reimbursement on City expense accounts. City Attorney Stone referred to State legislation on this subject and said that staff had been instructed regarding that rule and the City Attorney's office will include those aspects of the law in its report. Councilman Clark sale he felt this to be an area in which the Council is moving a little too fast. He found the opinions from the Human Relations Commission to be superficial and he is not willing to take action until the Human Relations Com mission has made an effort to present a more balanced report, with input from the organizations under consideration. He said he felt that the Elks Club, while mentioned specifically, was not the only group in the comeunity that may nc3d to change in this respect. He said he could thick of several religious organizations where similar changes could be made and he felt it wrong to zero in can one organization, i.e., the Elks Club. Council should be talking about all clubs or organizations which practice discrimination, and for this reason he would oppose the motion and hoped that the Human Relations Commission will c.:'ntinue to make efforts to change the things that need changing. He said he is opposed to the policy of diecrim.ination but did not feel that the Council's position was to do more than register discouragement of such policies. The motion passed or a majority voice vote. Lea ue of Women Voters - Pccketbock on Ci t Firrnce Hayor Comstock said he wished to acknowledge receipt at this time of a most interesting informational booklet entitled "The Pocketbook of City Finance", prepared by the League of Women Voters of Palo Alto, and he noted that the League will he discussing this subject at their meeting of February)2. Oral Communications 1. Richard C. Lee, 2308 Amherst, spoke in opposition to the City of Palo Alto's 1eish law and said that a person with verbal control of his dog should be able to let his doe run free. He disci made e _.:.e::- iti, t1 _ boa a .r•auu _ luij.ilo ..•vba City Attorney Stone stated that in not osie instance of enforce- ment of the leash law had the City Attorney's office heard a complaint that a dog was entrapped. 2. Dennis P. Davey, 989 Woodland Avenue, stated that he represents KP.IC radio, and wished to comment tonight on traffic lights that do not respond to motorcyclists. Re requested that these lights might be adjusted for motorcyclists and referred in particular to traffic signals at Lytton Avenue, Stanford University, and Willa: Pont. 4 0 0 . 1/24/2 Acting City Manager Sipel said that he knew this to be a problem and staff will be to touch with Mr. Davey. Adjournment , ,t The meeting was adjourned at 12:00 midni3ht. APPROVED: 1 1 /1 � . /f) �fLa) =-tuy) Ati 1 Mayor ATTEST: 4 0 1 1/24/72