HomeMy WebLinkAbout03271972MINUTES
city of palo alto
Marc4 27, 1972
The City Council of the City of Palo Alto met on this date in a regular
meeting at 7:30 p.m. with Mayor Comstock presiding.
Present: Beahrs, BerwaId, Clark, Comstock, Henderson,
Norton, Pearson, Rosenbaum, Seman
Absent: None
Welcome to Cub Pack
Mayor Comstock welcomed members of Cub Pack 46 from Green
Gables School visiting the Council this evening to learn about civics.
Minutes of March 13, 1972
Vice Mayor Norton referred to Page 481, second paragraph, line 6,
and requested that the words "in perpetuity" be deleted and the word
"indefinitely" be inserted,
On Page 483, second paragraph, second line, Vice Mayor Norton
noted that the word "hazardous" should read "hazarded."
On Page 502. Councilman Henderson made the following changes to
the motion contained in the final paragraph. On line 3, he said, the
motion should read ". , . that Council direct the staff to include the
amount of -$200, 000 in the 197273 Preliminary Budget for the im-
plementation of a drug abuse treatment program, it being the intent
of the Council that the Board of Directors of the Controlling Agent
schedule a program adapted to the amount appropriated."
The minutes of March 13, 1972 were approved as corrected.
Public Facilities Natnit
�rrm�riyreaw•sa r+ra`r�tii w ru mr�_
Committee Recommendations
MOTION: Councilman Beahrs moved, on behalf of the Public Facilities
Naming Committee:
a) that the new cul-de-sac west of Middlefield Road between
Loma Verde and Saint Clare Drive be named Toyon Place;
b) That the new street it the Old Trace Road area subdivision
be named Mockingbih ;'Lane;
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3/27/72
That the official names of the Park Boulevard Switching
Station and the Colorado Metering Station be changed to
Park Boulevard Power Station and Colorado Power Station,
respectively;
d) - That no action be taker, relative to the official recognition
of Deer Creek by the appropriate State and national authori-
ties.
The motion passed on a unanimous voice vote.
..121ar.nir� Policy Committee of
..wr rrYw recce r1o•rr..iOl�.l irpV B. a reel
Santa Clara County Report re
`A Policy Plan for the Baylands
of
Santa Clara County"
MO
the
lands
Counc
in the:
with i t s
meeting
sa ry at th
TIO N: Councilman Clark moved, seconded by Norton, to refer
Planning Policy Committee's Report "A Policy Plan for the Bay -
of Santa Clara County" to the Planning Commission.
lrnan Clark noted that the Planning Commission will meet with-
c•xt 60 days to discuss this report and come back to Council
recommendation. He stated that he did net think a joint
of the City Council and the Planning Commission was neces-
:s time.
The emotion
passed on a unanimous voice vote.
Arts Conventi
on Resionse (CMR:212:2)
Mayor Co toc
k asked City Manager Sipel to report.
City Manager Sip
cerned the Comm
He noted that since
developed and have
directions. He note
Council at a later dat
Budget. Mr. Sipel as
rrarize his report rep
el stated that the staff response this evening con -
unity Arts Convention, held January 27-29, 1972.
this time a number of interest groups have been
met on a regular basis to develop programs and
d that additional material will be provided
e in conjunction with the 1972-73 Preliminary
ked Allan Langacre, Arts Director, to surn-
ondh g to the Arts Convention.
Allan Longacre, Arts Di
mendatione will provide t
without increasing the Cit
Departmentta goals with th
to citizens, rather than res
but City employees. In the
development of independent o
ducing arts programs for the
future programs that will bene
rector, stated the Arts Convention recotn-
he means of developing more programs
1s costs. This in ►olves changing the
e City becoming a supplier of resources
tricting the use of its resourcee to all
past, certain policies have hindered the
rganizations and artists capable of pro-
otnmunity. Mrs Longac re outlined
it -from this change in policy, such as
532
3/27/72
a vocal music workshop, and a dance workshop, bringing in a New
York company, k general, there will be coordination of the use of
facilities that presently exist, to avoid duplication.
MOTION: Councilman Berwald moved, seconded by Beahrs, that
Council request staff to implement the report "Arts Convention
Respor:ac" dated March 21, 1972, and prepared by Mr. Allan Long -
acre, Arts Director.
Councilman BeravaId praised Mr. Longacre's report and said that
he had done a fine job and the Arts Convention is a good example of
community interest and participation.
Councilman Beahrs raised a question regarding Page 5, Section E,
Policies and Procedures, 1., Review of Geographic Limitations for
City Participation, and asked Mr. Longacre to explain this section
further,
Mr. Longacre explained that it was ;.ntended that Palo Alto would
coordinate with other agencies to avoid duplication of programs.
For example, if a certain class scheduled to be held in Palo Alto
did not fill up, the class would then be offered to residents of other
communities, and on this basis there would be advantages for both
communities since these services would be reciprocated,
Councilman Pearson expressed great concern regArding references
in the report to the 1972-73 Operating Budget, She said she 'elt that
to approve the report this evening, without actually kno ing what
these programs would cost, could create a polity conflict later on.
Referring specifically to the formation of seven eitisens' committees,
she asked to whom will these cornnnittees report? If it is planned to
have full citizen participation in the programs, then there should be
someone to whom the committees address themselves. Councilman
Pearson said she would like to see the subject of forrnation of an
Arts Commission discussed by the Policy and Procedures Committee,
since it seems this is the direction the City will take eventually. She
felt that this input between now and the end of June would be most
helpful in terms of considering the Arts Budget for 1972-73.
City Manager Sipe! responded to Councilman Pearson's comments and
stated that although it is suggested in the Art Director's report that
a number of items will be requested as part of the 1972-73 Operating
Budget, approval of the report does not imply any commitment on the
nart of the Council in relation to the Budget. He noted that the Council
will receive the complete Preliminary Budget in three weeks' time
and it will then go to the Finance and Public Works Committee for
review. There is no suggestion that Council approve funds for any
programs for the Arts Department tonight.
Councilman Pearson stated she would prefer to see Council accept
the report this evening, but not approve it. She raised further ques-
tions regarding the citiseni t committees.
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3/27/72
Mr. Longacre said that there would be a review by the Advisory Com-
mittee in June and there will be another Arts Convention in January,
1973. The committees are purely adviaory committees to enable the
Arts Department to get input from citizens and devise citizen in-
volvement programs. The committees will be used as a "sounding
board", or a debating society, if you will, he said.
Responding to a question from Councilman Rosenbaum, City Manager
Sipel noted that the proposed Budget for the 1972-73 Fiscal Year for
the Arts Department is consistent with what was approved for that
Department cast year.
Councilman Rc.senbaurn asked Mr. Longacre for a specific example.
of the way one of the activities is handled now, and the way it might
be handled under the new philosophy, as discussed this evening.
Mr, Longacre responded that at present the Arts Department is re-
quired to be either the sponsor or co-sponsor of certain activities,
involving City staff in such things as the art work, direction of the
plays, etc. The new charge of the Arts Department would '3e to co-
ordinate and assist in making certain citizen -sponsored arts events
successful. Responding to a further question, he noted t at the City's
theater program has bee_; in the City for 35 years and any plans to
stop sponsoring this activity would be to phase it out gradually.
Councilman Berwald said he did not wish to see approval of this
report delayed and Council should realize that the entire subject is
an administrative one. If Council is going to become involved in
programming the City's arts activities it is doing an :administrative
job. The Charter delegates this responsibility to the City Manager
and some interesting things have been presented in the report heard
tonight. The Council has indicated the desire for citizen participation
and the staff has given a good example of this kind of participation
and Council should ettconrage it. Councilman Berwald said, in his
opinion, the City does not need another commission to supervise.
If an Arts Cornmi-ssion is formed two things will happen; one, the
City staff will have to be reorganized to eliminate one or two posi-
tions; and secondly, another layer of decision -making will be added
to the City's operations. CGuncilrnan Berwald said at this point in
tirne Council hae more important things to do than get involved in
the admin=istration of an Arts Program and he would like to see the
report approved.
Councilman Henderson stated that, while he agreed with the proposed
redefinition in the Arts Department, the Council does have responsi-
bilities for the Budget. He found it hard to respond to the details
contained in the report because of references to the Budget needs
for Fiscal Year 1972-73. He suggested the Council not take action
on this reportuntil it has had an opportunity to study the Community
Services Department's requests for the coming year. He felt that
now is a good time to consider formation of an Arts Commission and
he would like to see this subject referred to the Policy and Procedures
Committee for consideration.
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3/27/72
Councilman Clark said he would support approval of the report to
enable the groups involved to go ahead as far as they can. He sug-
gested approving the report, with the recognition that the Finance
and Public Works Committee is going to take a hard look at the
financial aspects of the report. Councilman Clark said he would
like to delay discussing the subject of an Arts Commission for at
least a year.
Mayor Comstock stated that members of the audience had requested
to speak to this subject,
Dorothy Nichols, 1326 Emerson Street, Palo Alto, praised the Arts
Director's report and said it was a good representation of the meetings
she attended. She said Council should not pay too much attention to
the voting results. The spirit and aim of the report is not to change
to something new, but rather to reinforce what has existed from the
beginning of the Arts Program - the idea of encouraging people who
want to do things. Mrs. Nichols spoke of the importance of creating
a response to the artist by providing facilities and some leadership
for people who develop their own programs. She noted that the num-
ber of people involved in the arts in Palo Alto is considerable.
Edith Zitelli, 770 Northampton Drive, Palo Alto, spoke in support
of Mr. Y ongacre`e report and emphasized the need for a scenery
building shop at the Community Theater, which would free the Theater
for further use, whereas at present this facility is used for the
scenery building part of the time. The community would benefit
from capital expenditure on this item, she noted.
George Crane, 1852 Bret Harte Street, commended the Arts Director
for an excellent report and said this report represents, in essence,
the recommendations made by the people at the Arts Convention, He
said 57 items were voted.'ipo3n, The new philosophy will be to tell
more people what they can do and how they can do it, thus enabling
therm to enrich their lives. 1s4ore new faces are needed in support
of the Arts. Program in Palo Alto. Mr. Crane said he also supported
Mrs. Zitelii's position regarding the scenery building shop.
AMENDMENT: Councilman Pearson moved, seconded by Henderson,
that the motion be amended to refer the report of the Arts Director
to the Finance and Public Works Committee to study in relation to
the 1972-73 Budget, and in the meantime to allow the seven com-
mittees which have been formed to continue with their work and report
back in June.
Councilman Clark noted that in his opinion thereport is already
referred to the Finance and Public Works Committee, since the con-
tents wilt ctarne before the Committee in detail in the Preliminary
Budget,
Councilman Rosenbaum satd he agreed with Councilman Clark. It
is clear that the staff are not going to increase the Arts Budget for
the remainder of this Fiscal Year and are not planning any changes,
recognising the financial stringency which the City faces.
535
3/27/72
7
Councilman Pearson said she could not support approving a report
in this way. She could support the philosophy expressed, but would
prefer not to adopt the report until after June, when it is known exactly
how much the program will cost.
S4eA ,,e 1
The amendment passed on a majority voice vote.
The motion as amended passed on a majority voice vote.
Downtown Beautification and L.i�htin (CMR:205:2)
MOTION: Councilman Clark moved, seconded by Berwald, that
Item 8 on the Agenda - Downtown Beautification and Lighting - be
considered at this time.
The motion passed on a unanimous voice vote.
Mayor Comstock asked City Manager Sipel to report.
City Manager Sipel stated that on November 15, 1971, the City
Council considered the subject of beautification and lighting of the
downtown business district and directed the staff to perform the
following assignment: 1) review the April, 1971, Beautification
and Lighting Plan for Downtown; 2) submit a preliminary Beauti-
fication and Lighting Plan; 3) set forth the scope and area of the
plan; 4) provide an estimate of costs and a recommended allocation
between the City and downtown assessment district; and 5) provide
a step-by-step plan for implementation and an estirnate of the cost
involved in each step. The staff has carried out Council's direction
and now proposes a 5 to 6 step plan which would take approximately
18 months to complete. The plan allows for stopping at various
steps along the way and staff has talon into account the importance
of relating the work to the Comprehensive Plan and feels that this
long- range framework might be the way to do this. Referring to
Section 11, Establish a Long -Range Framework for Downtown:
Section II!, Establish Policies and Objectives; and Section IV, Develop
Design Concepts, Mr. Sipel said these items could be accomplished
within a short period of time by staff working with the Planning Corn -
misaion, the community and the Council, and at a modest outlay of
approximately $1, 000 worth of staff time. The Council would be
conss:lted at'various points along the away_ Referring to Section V,
Preliminary Design and Prelitninary Cost Estimate, Mr, Sipel said
on this point Council would have to make a. decision regarding hiring
of a consultant to prepare a preliminary design at a cost of approxi-
mately $20,000, taking into canisideration a total overall expenditure
of $50, 000, Mr. Sipel said he felt the staff plan as presented would
get the issues out on the table and give the Council and the community
an opportunity to deal with these questions and clear up some of the
uncertainty Council members and others have expressed regarding
this type of project.
536
3/27/72
Mr, Sipel continued that part of the assignment to staff was to review
the financing. At this point in time, staff feels gnat a project in the
million dollar category would be appropriate. Council earlier had
chosen to appropriate $175,000 for Fiscal Year 1971-72 and this
amount is presently in the Capital Improvement Fund. If the plan
is approved tonight staff would suggest that this amount be continued,
plus an additional $240,000 which would finance the improvements of
street lighting contemplated in the earlier project, resulting in a
total contribution of $415, 000 or 42% of the total outlay. The re-
mainder to be provided by the downtown property owners in an
assessment diste ict. Mr. Sipel concluded that staff feels strongly
that complementary improvements should be made by the downtown
merchants to their property, and there has been an indication from
the downtown property owners that they are willing to do this and
members of Downtown :Palo Alto, Inc. will speak to this point later.
Mr. Sipel added that Dave Holton, Project Engineer, and Walter
Bliss, Senior Planner, were available to respond to questions on
specific details of the project.
Mayor Comstock acknowledged receipt of a letter from Mrs. Ethel.
Mitchell, 1170 Forrest Avenue, owner, 7 unit apartment house,
426 Waverley Street, dated March 20, 1972, and also a letter dated
March 15, 1972 from Downtown Palo Alto, Inc.. 156 University
Avenue, commenting on the staff's report on downtown beautification
and lighting.
Councilman Henderson asked Mr. Sipel whether the sidewalk im-
provement figures represented additional costs beyond the figures
quoted.
City Manager Sipei said that is open to further discussion. The City
does have a sidewalk program and the intention was to indicate a
way tt.e City might attain, tome of these improvements in the down-
town by using the sidewalk program,
Councilman Beahrs commented that he wondered whether Council
would be rushing things by approving this plan, taking into consider-
ation that Council still has before it Fire Zone I and revisions to
the General Plan.
City Manager Sipei responded that staff recognized this problem, taut
felt that there is an opportunity within this long- range framework
through which staff could work to accomplish the improvements sug-
gested and still be consistent with the General Plan.
Councilman Pearson referred to page 2, Section 11 of the report,
"Establish A Long Range Framework for Downtown", and said she
did not understand what is proposed. What is the framework for
expenditure of this $50, 000? .What is staff going to do that is different,
she asked?
City Manager Sipel asked -Walter Bliss, Senior Planner, to npeae• 'n
this item.
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3127/72
)e
Walter Bliss, Senior Planner, said the framework developed in the
Planning Department by attempting to say what are the limits or
potential directions for downtown, without being totally specific,
so that physical improvements can take placee before the implemen-
tation of the Comprehensive Plan, the Downtown Study, and the Fire
Zone 1 Study.
Councilman Pearson repeated her question.
Senior Planner Bliss replied the report attempted to say what is
necessary in order to go forward with a beautification project. He
outlined the limits of the proposed plan, stating that it would include
Hamilton, University and Lytton, and all the cross streets, Respond-
ing to Councilman Pearson's question regarding what in intended by
beautification, Senior Planner Bliss said the plan has been formu-
lated for a number of purposes. For example, for the pleasure of
employees, residents, patrons and visitors to the downtown area as
pedestrians.
;lice Mayor Norton stated that, generally, he favored the report,
particularly the concept of mixed uses. He said one advantage of
the program as proposed is that it is only going to affect the parts
the City has jurisdiction over. He asked whether the program could
in any way restrict the Planning Commission's review and revision
of the General Han, as they relate both to public and private sectors.
He said he did not want to see the Commission locked into a narrower
set of recommendations because of Council action tonight.
Senior Planner Bliss replied that this project is being spread very
thin. it is flexible because it is like a coat of very thin paint •aver
the district and does not entail spending a lot of money in any one
locations The original proposal called for median planting on Univer-
sity Avenue, plazas, things which night have constrained future
decisions. But this project is only a beginning is terms of the
limited extent it would cover. It could be limited or extended later
and he did not think that the City would be hemming in the Planning
Commission in any way with this program. The Planning Commission
should be involved in this process, he added.
City Manager Sipel said that staff will be reviewing the suggested
framework with the Planning Commission at a very early date. Fie
recalled that Chairman Gordon of the Planning Commission had spoken
of the general concept in November when the referral was made to
staff and he said he knew that she had some reservations about march-
ing full speed ahead, and he felt the staff had responded to these
reservations and taken them into account.
Councilman Seman raised the _question of what exactly is meant by
"beautification."
Senior Planner Bliss responded that this was left to the interpreta-
tion on the part of the dasigner or the beautifier, The nature of the
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3/27/:2
treatment staff is suggesting involves the kind of things that individual
property owners could not carry out themselves since they would be
on public property. It is hopes; that improvement of the public property
will, in turn, encourage the adjacent property owners to participate
in on -site beautification and contribute to improving their own im-
mediate environment.
Responding to Councilman Seman's question whether figures on pro-
fits to downtown merchants, in other cities where beautification
plans have been implemented, were available, City Manager Sipel
said that type of information could be obtained and he believed that
statistics associated with the Fresno Mall were available.
Councilman Henderson expressed concern about a commitment being;
made by the property owners in the downtown area. He said he
needed to be assured of some feeling of support for a "reachable"
goal.
City Manager Sipel stated that staff had spoken to representatives
of Downtown Palo Alto, Inc and felt sure that support from the
downtown merchants had already been invoked on an informal basis.
Mayor Comstock said Council would now hear from the public.
Scott Carey, 150 University Avenue, President of Downtown Palo
Alto, Inc. , referred to Downtown Palo Alto, Inc. 's letter of March 15,
1972 in response to staff's proposal, and said this indicates that there
is support and that Mr. Sipel's comments are appropriate. The Board
of Director's of Downtown Palo Alto, Inc. voted unanimously to assess
its membership for the cost of hiring a consultant to work on on -site
improvements. In a sense. Mr. Carey said, this beautification pro-
ject is the last surviving piece of the Bryant Street Project, when
$0% of the property owners agreed to assess themselves. He said
Appendix A of the staff report is quite unique. A referral to the
Planning Commission at this time would be viewed by the downtown
merchants as a tabling of the problem. Staff has recommended a
beginning of an analysis and improvement to the core of this City.
The lighting system in the downtown is inadequate and deters people
from going downtown in the evening hours. Safety is an important
factor in re►commending this improvement, Mr. Carey said. The
health of the downtown area is important to the health of the City.
A large portion of the operating funds of the City comes from the
business district and to ignore it would be to ignore a substantial
source of revenue for this City and might result in a decrease in
that revenue. There is nothing in the staff's proposal which would
cause concern about the long- range planning or the Comprehensive
Plan. The lighting and sidewalk improvements would not interfere
with the long-range plan. Mr. Carey concluded that Council has
Downtcwn Palo Alto's letter before them and he urged Council to act
on the lighting and sidewalk improvements tonight. He said there
are others in support of this project who might wish to speak.
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3/27/72
Don Klages, Wideman's Men's Clothing Store, 281 University Avenue,
said the downtown property owners were concerned about the new
stores that are appearing on University Avenue without proper shop
fronts and were anxious not to see this trend spread. Most people
in the downtown area feel that given some kind of catalyst they can
do a lot to change the image of the area and the improvements are
needed to encourage good new businesses to come in. The improve-
ments will be good for the merchants, but they will also be good for
the town itself.
Crystal Garage, Executive Director of Downtown Palo Alto, Inc.,
residing at 1568 Channing, said she works in the downtown i.trea and
sees what is going on every day. As far as upgrading the electrical
circuits is concerned, one effect would be to improve the traffic
lights and she noted that people cannot cross University Avenue any-
more and the electrical circuits are badly in need of that kind of
upgrading right now, The merchants want some kind of guidelines
from the City. They are willing to pay a consultant to advise them
on on -site improvements and the staff report states what can be done.
She said that if Council approved the staff report she felt sure that
within the next year the City v'ould see many improvements and
changes brought about by the downtown merchants themselves.
Mrs. E. M. Kinderman, 72.5 Cowper, stated she tries to do all her
shopping in the downtown area - it is part of her neighborhood. She
supported the staff recommendations and anything that can be done
to make the downtown more useable is agreeable to her. She spoke
of the creed to upgrade the area in which Palo Alto'a City Hall stands
and said citizens should be proud that City Hall is located in the
downtown area,
Peter Sabin, 491 Santa Rita Avenue, speaking as an individual and
not as Chairman of the Ad Hoc Architectural Design Review Com-
mittee, said that he could support the staff report and noted that the
Council would be receiving the Ad Hoc Committee's report in the
near future. The only concern he would have is that at some point
in time the private and public sectors should get coordinated. Let's
act it out carefully, he said.
Arnold. Vezzaei, 255 Lambert Avenue, member of the Board of
Directors of the Palo Alto Chamber of Commerce, said downtown
beautification has been a high priority item for several years among
the downtown merchants, Speaking for businessmen, not only in the
downtown but throughout the City, the Chamber of Commerce feels
that this plan should be given Council consideration and support.
Mayor Comstock said Council would recess at this point.
(Council recessed from 9:35 to 9:50 p.m.)
MOTION: Councilman Berwald moved, seconded by Beahrs, that
the Council approve the concept as suggested by staff is CMR:205:2
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3/27/72
and direct the staff to proceed with beautification plans for the down-
town based on the outline presented and that the financial aspects of
the proposal be referred to the Finance and Public Works Committee
for review in their consideration of the 1972-73 Budget.
Vice Mayor Norton asked whether it was intended that the $175, 000
or the entire question of City participation be dealt with in the Finance
and Public Works Committee.
Councilman Berwald replied that it was his intention that alt financial
aspects be considered by the Finance and Public Works Committee.
The $240, 000 from the electric utility fund would be before the Com-
mittee when it is considering the 1973-74 Budget, he noted.
Vice Mayor Norton asked that the minutes reflect that it is under-
stood that the Finance and Public Works Committee is to receive
the financial aspects of this plan for review, without commitment.
Councilman Ciark expressed concern that Council ;night suggest staff
make a start on .his project without committing itself to supporting
the complete program. If Council cannot be totally committed it
should be made clear tonight exactly what Council is supporting,
. and if it cannot support funds of the magnitude being discussed
Council should vote against it. He said in his opinion the Finance
and Public Works Committee should be figuring out, after Council
has approved the project, how the $175, 000 is to be spent, not deter-
mi.iing whether or not that $175, 000 is to be committed.
Councilman Pearson asked City Manager Sipe! whether the $50,000
referred to was included within the $175. 000 earmarked for downtown
beautification.
City Manager Sipel confirmed that the $50, 000 was included within
the $175,000.
Councilman Pearson stated she was willing to go ahead with the
beautification plan but was not at all sure what the Planning Depart-
ment has in mind, especially in reference to the stated framework
for the University Avenue business district development. She said
that she hoped that with this action on the part of the Council the
property owners will also cornmit themselves to improving downtown.
AMENDMENT. Councilman Rosenbaum moved,. seconded by Pearson,
that the motion be amended to state that staff be a:rected to proceed
with Section II, Establish Long -Range Framework for Downtown, and
Section III, Establish Policies and Objectives at this time.
Speaking to the amendment, Councilman Rosenbaum said the Council
seemed to be a tittle uncertain regarding this project. He could
visualize approving six months' efforts and the stages mentioned
above and at the end of that time Council would have a far better
idea of what is being proposed and would therefore be in a better
position to decide Whether it looks appealing to them. He said he
felt it was wiser to support just the earlier parts of the program at this
time.
Councilman Berwald said it was not clear to him whether Councilman
Rosenbaum's amendment was really an attaeadment or a substitute
motion. He asked Council to approve the entire concept. He said
he personally was net uncertain about going ahead with the program.
Councilman Rosenbaum said he had left the financing as it was pro-
posed by staff at this time, but he would like to see Council approve
only Sections I1 and III of the staff report.
Councilman Clark spoke in opposition to the amendment. The Council
has before it the basic groundwork and he felt staff should be given
the flexilbility of working out their own work programs as they see
fit. To put specific restrictions on the staff as to how they budget
their time is not appropriate, he said.
The amendment failed an a majority voice vote,
Mayor Comstock, speaking to the main motion, referred to pages
2 and 3 of the staff report and noted that "working asserrptions"
have been made. He said he regarded approval of the report as
precisely that, and would vote for a framework which includes these
assumptions. However, he was keeping his options open as far as
the Comprehensive Plan is concerned and if the Comprehensive Plan
recommends something else he would feel free to vote for that. He
also referred to the City Manager's recommendation that the material
he reviewed by various groups and he said this is what he could see
in the chart presented to Council by staff. This proposal gives
Council an opportunity to make inputs and let the design evolve and
change and develop a life of its own. He said he was prepared to
support the motion as offered.
The main motion passed on a unanimous voice vote.
MOTION: Councilman Berwald moved, seconded by Henderson, that
the Council suggests the downtown property owners formulate and
present to the Council a means by which they would commit them-
selves to develop and implement completrientaryimprovements on
private property.
Councilman Clark asked what did staff have in mind with this recom-
mendation. He said Council has no right to ask property owners to
commit themselves to anything on their private property.
The motion passed on a unanimous voice vote.
Green Acres I Under round Utilities
Conversion Pro'ect - Pro'ect No. 71-85
s
Mayor Comstock asked staff to report.
542
3/27/'72
fr
Mr. Warren L. Deverel, Managing Director of Utilities, reviewed the
staff report noting that on February 28, 1972 the Council passed a reso-
lution of preliminary determination and of intention to acquire and con-
struct improvements, the first step in the procedure to initiate the
underground conversion project requested by the Green Acres ImpYode-
ment Association. The Engineer's report, directed for preparation
in the resolution, has now been prepared and is submitted to Council
for approval along with further resolutions required to implement
the project. Mr. Deverel noted that the date of April 10, 1972 has
been set for a public hearing on the matter of acquisition, improve-
ment and assessment. He displayed slides of certain exhibits.
MOTION: Councilman Clark introduced the following resolution and
moved, seconded by Comstock, its approval:
Resolution No. 4572 entitled "A Resolution of Preliminary
Approval of Engineer's Report -- Green Acres I Underground
Utilities Conversion"
The resolution was adopted on a unanimous voice vote.
MOTION: Councilman Clark introduced the following resolution and
moved, seconded by Comstock, its adoption:
Resolution No. 4573 entitled "A Resolution Describing Proposed
Boundaries of Assessment District, Directing Filing of Boundary
Map and Assessment Diagram and the Recordation of Notice of
Assessment - Green Acres 1 Underground Utilities Conversion"
It was noted that on page 2 of this resolution the time period of 15
days should be amended to read 10 days.
The resolution was adopted on a unanimous voice vote.
MOTION: Councilman Clark introduced the following resolution and
moved, seconded by Comstock, its adoption:
Resolution No. 4574 entitled "A Resolution Appointing Time and
Place of Hearing Protests in Relation to Proposed Acquisitions
and Improvements, and Directing Notice - Green Acres I Under-
ground Utilities Conversion"
The resolution was adopted on a unar imous voice vote.
MOTION: Councilman Clark introduced the following resolution and
moved, seconded by Comstock, its adoption:
Resolution No. 4575 entitled "A Resolution Calling for Sealed
Proposals and Fixing Liquidated Damages for Failuv a to Complete
the Work Within Time Specified - Green Acres I Underground
Utilities Conversion"
The resolution was adopted on a unanimous voice vote.
543.
,3/27/72
Council raised certain questions for Mr. Deverel and he responded
stating that of 77 persons polled, 56 indicated the desire to proceed
with the underground conversion: no protests have been received.
He further explained the basis of assessment for the School District
within this conversion project.
Radio 13roadcaating of City Council Meetings (CMR:214:2)
MOTION: Mayor Comstock moved, seconded by Berwald, that
based on receipt of information received from staff this item be
continued until such time as final negotiation of the contract for
radio broadcasting of City Council meetings can be resolved.
The motion passed on a unanimous voice vote.
Park Boulevard Substation
Fence Bid (CMR:215:2)
VOWINFISIOVVINOCROWNIEM
MOTION: Councilman Berwald moved, seconded by Beahrs, that
E and S :Masonry Company's proposal dated March 8, 1972 be
accepted and that a contract be awarded to them in the amount of
$8,740, including sales tax, from funds already provided in the
1971-72 Budget.
Councilman Pearson raised questions with Mr. Warren Deverel,
Managing Director of Utilities, regarding the desire to achieve a low
profile at Park Boulevard Substation.
Mr. Deverel responded and showed slides to illustrate how the
fence will look.
The motion passed on a unanimous voice vote.
Authoa lzc�tior t b:cqui re PrcZ £Trj
TOPICS Intersection Improvements
Pro'ect 73-59 (CMR:213:2)
Mayor Comstock asked City Manager Sipel to report.
City Manager Sipel said City Engineer H. M. Witbeck would address
Council on this subject.
Mr. H. M. Witbeck, City Engineer, reviewed the history of the
TOPICS project and said this program grew out of a program directed
toward elimination of situations considered to be centers of high
accident incidents. In October, 1968, De1.euw Cattier, making an
interim report to the City on a study, recommended closing of Seale.
and dosing of both sides of Melville at Embarcadero Road. Their
5 44
3/27/72
final report, dated July, 1969, entitled "Transportation Planning
Program't, recommended redesign and reconstruction of the inter-
section of Hillview Avenue and Foothill Expressway. They further
recommended closing Kingsley at Emerson and closing Melville
both sides of Embarcadero. In December, 1969, the City Council
approved for inclusion in the 1970-75 CIP these recommendations
and the channelization of Churchill at Embarcadero, The Planning
Commission recommended closure of Seale and Melville both sides
at Embarcadero the same month, and the following month, January,
1970, the Council approved closure of Seale, delineating the radius
to be used which was 20 feet to 22 feet, and establishing the radius
to be used at Melville, 20 feet to 22 feet on the north and 30 feet an
the south. In Argust of 1970 the Council approved the TOPICS pro-
jects consisting of l-tillview, Miranda, the Churchill channelization
and the closures of Kingsley, Melville both sides, and Seale. In
January, 1971, Council authorized the Mayor to execute the TOPICS
agreement with the County and the State. In July. 1971, the Council
requested State certification for the City to administer the project
and approve the selection of consulting engineer George S. Nolte to
prepare the plans. Council also approved ari agreement for the
County to provide proper acquisition services and in November of
1 9 j 1 took action to amend the Budget to appropriate money for the
project from gas tax funds. Iri January of 1972 the Council approved
the preliminary plans and specifications. Tonight, staff is making
a request for authorization to acquire property. With this history
in mind and the recommendation of the City's consultant, pointing
out these high hazard areas, staff feels it should mention its con-
cern as to the exposure of the City should corrective action not be
taken at these hazardous locations. Responding to a question,
Mr. Witbeck explained further, saying that the staff feels that the
recommended corrective action should be taken and points out that
the matter of exposure to liability on the part of the City, should)
the corrective action not be taken, is something that should be brought
to Council's attention.
Mayor Comstock noted that Mrs. Michael Cullen had called the City
Clerk today expressing the hope that a public hearing could be held
with regard to the closing of Melville and Kingsley. He asked Mr.
i 'itbeck to respond to this request and also to members of the audience
who had requested to speak with regard to the Hillview and Miranda
intersection.
City Engineer Witbeck noted that a number of citizens have contacted
his office in response to two ads to the Palo Alto Times. He said
the advertisements called for people to make a request if they wished
a public hearing to be held on the design of these projects. He stressed
that this hearing would be a staff matter, not a Council public hearing,
and would relate to design only. In response to the requests received,
a design hearing will be held. However, he said the Engineering
Department is aware that many people are interested in more than just
talking about the design. Some citizens are in opposition to the im-
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3/2,7172
provements being made under any circumstances. Responding to a
further question regarding the time element, Mr. Witbeck noted that
if the acquisition of property is held up the City may miss some of
the Federal deadlines and in order to receive 1969-70 Federal funds,
staff needed Council's approval tonight, or at latest at the next
Council meeting April 3. Otherwise staff will be unable to submit
the necessary documents within the time schedule provided by the
State,
Councilman Henderson stated that he had been opposed to this group
of projects from their inception. Specifically, the closure of Seale
Avenue and Kingsley Avenue. He questioned the statement that the
Seale intersection is extremely hazardous insofar as accidents are
concerned and quoted the statistics over the last four years. He also
commented on the closing of Seale and possible ro::ting of the traffic
in this event.
Councilman Pearson suggested the possibility of temporary closures
just to find out what the, traffic patterns are and, if they prove to be
completely unacceptable to the people, could the City hack out of the
deal at that point, she asked?
City Manager Sipel responded, stating that in order to get the $60, 000
to $70, 00r) of Federal nnoney that was allocated in 1969-70, the City
has to keep on the schedule .as outlined earlier. A separate issue is
whether the Council wants to proceed with all of the project or part
of the project. He suggested slowing down to take a very close look
at those elements Council is unsure of. He noted that while the City
will receive $60,000 to $70,000 of Federal money there is a substan-
tial amount of City money going into the total project cost of a maxi-
mum of $280. 000, of which Federal funding could provide 50'7:, He
noted that to date in the neighborhood of $20, 000 has been spent on
this project - about $5, 000 of staff time and $15,000 of engineering
design and the figure continues to mount as we continue to proceed
on the project, he noted. Mr, Sipel repeated that if. the City daps
-- he 3.1 will net keep to the orivin�t _mac - it :t FTC= have to forfeit the 1969-70
funds; it is riot possible to split the project and ask for Federal funds
for one part of the proj,ct but not for another.
Councilman Beahrs stated that, in his opinion, and after having lived
in the area of Ernbarcadero for over 24 years, he wished to say that
those intersections that will be corrected by this project need cor-
rection desperately, they have been pinpointed as dangerous inter-
sections in this City. He raised the question with City Attorney Stone
whether the City would be bound by Council's action tonight to buy the
property.
City Attorney Stone answered Councilman Beahrs that the resolution
itself does not buy the property, nor does it necessarily bind the City
to buy the property.
Mayor Cvmstack noted that there were several people in the audience
who wished to address Council on this subject.
546
3/27/72
Stuart G. Wittelsey, 1736 Oak Creek Drive, representing Watkins -
Johnson Company, 3333 Hillview Avenue; Palo Alto, and its employees,
said he wished to speak in connection with the Hillview-Miranda
intersection. Watkins -Johnson Company was not aware until the
early part of this year of the intention to change the intersection,
They were shocked by the design concept and the fact that it would
result in taking a considerable portion of Watkins -Johnson parking
lot, as well as redwood trees that have been growing there for ten
years. The Company had engaged a consulting traffic engineer,
D, Jackson Faustman, consulting traffic engineer, 2415 L Street, •
Sacramento, and Mr. Wittelsey said he wished to submit one copy
of Dr, Faustman's professional record as a traffic engineer, for
Council's reference, noting the study he has made for various or-
ganizations and cities. Mr. Whittelsey stated the traffic problem
will not be solved by the proposed design, It will not only remove
the right to enter Hillview from the Watkins -Johnson parking lot,
but also will move the point of impact 200 feet towards Palo Alto
Irons Miranda. He ;toted that Dr. Faustman's findings had been sub-
mitted to Mr, Witheck and the engineering staff earlier, Dr. Faust -
man offers an alternative solution, he said, and asked for Council's
serious consideration of this plan.
Responding to a question from Councilman Clark, City Manager Sipel
noted that the City staff had consulted with the County, which has an
interest at the Hillview-Miranda intersection, and the staff is con-
vinced that the plan as proposed is the best plan, He asked City Traffic
Engineer, Mr, Noguchi, to respond.
City Traffic Engineer Noguchi responded regarding the Hillview-
Miranda intersection.
Gloria Brown, 1766 Fulton Street, spoke in support of Councilman
Henderson's opposition to the closing off of Seale Avenue. She noted
the statistics for previous years varying from 4, 3. 2, 1 aceiden s
per year, and said she could see these accident rates being increased
if Seale is closed. She discussed the left turn'. from Embarcadero
and said she did not see why Council felt Obliged to build "an obstacle
course."
Mrs. L. Smith 2300 St. Francis, said she had not been aware of
the previous nine actions taken by Council in connection with this
program. She wished to express concern that there will be more
traffic on Newell and California Avenue right in the area of Jordan
and Garland schools, creating an added traffic risk if Seale is
closed. She referred specifically to 3:00 through 3:30 p.m. on an
average school day.
Duncan King, Howe, Finch and Sauers, Attorneys, 385 Homer Avenue,
representing Watkins -Johnson Company, discussed Mr. Noguchi's
testimony regarding acceptance of the staff proposal instead of Dr.
Faustman's report and spoke in favor of Dr. Faustman's proposal
547
3/27/72
saying that it would be a lot less expensive. He said he was also
opposed in concept to exercise of the power of the City's eminent
domain on a rush basis to the inconvenience of the citizens who are
opposed, simply because to delay might result in loss of some
Federal funds.
Responding to a question from Councilman Berwald as to how strictly
staff interprets the design review hearing, City Engineer Witbeck
said that is a matter for Council decision and not staff. Anything
other than a discussion of the design elen.ents would not be within
the purview of that hearing at all.
City Manager Sipel said this project was conceived before the
Federal funds were ever offered and could be financed entirely by
City money or gas tax funds. It has little to ao with TOPICS whether
the City of Palo Alto is going to have a project or not.
MOTION: Councilman Berwald introduced the following resolution
and moved, seconded by Beaters, its adoption:
Resolution No. 4576 entitled "Resolution of the Council of the
City of Palo Alto Finding and Determining that the Public Interest
and Necessity of Said City Require., for Public Use, Certain
Land Loc.ated in the City of Palo Alto, County of Santa Clara,
State of California - TOPICS Project 70-59 Intersection Improve-
ments"
Further, that staff be directed to return to the Council with a state-
ment explaining the rationale behind the recommended closures in-
cluded in the project.
Further discussion ensued. Vice Mayor Norton stated that he would
vote against the resolution because he was opposed to the closing of
Seale.
Councilman Sernan raised questions concerning how the various inter-
sections had been determined to be hazardous.
City Manager Sipel stated that these findings came from the 1967-68
DeLeuw Cather report on traffic problems in which they indicated a
number of high accident frequency intersections. The Hillview-
Miranda intersection ranked #5 and on this basis the recommendation
was made for improvement.
City Attorney Stone advised Council that for many years the City has
enjoyed design immunity from liability under the law. Recently, a
Supreme Court case stated that cities no longer have this design
immunity. The consultant has pointed that the I-iillview-Miranda
intersection is hazardous or dangerous. In Palo Alto or any other
city, when given notice of that kind of condition, toe legislative body
should move to correct that condition within limitations of what it
can do.
548
3/27/72
Mayor Comstock commented that listening to tonight's discussion he
was distressed by the apparent inflexibility of the TOPICS program.
He said he personally would be warned in the future of the confines
of a program such as this. The Council has shown flexibility in
dealing with traffic problems in Palo Alto and he did not think the
TOPICS Program provided the desired flexibility for the City of
Palo Alto,
The resolution was adopted on the following roll call vote:
Ayes: F3eahrs, Berwald, Clark, Comstock, Pearson, Rosenbaum,
Seman
Noes: Henderson, dortor.
MO`T'ION: Councilrnan Seman moved, seconded by Pearson, that
Council direct the staff to temporarily close Seale, Melville and
Kingsley at r`:rnba rcadero.
Tl,e motion iasseci on the following roll call vote:
Ayes: Comstock, Hendersori, Norton, Pearson, Sernar,
Noes: I3eah rs, Berwald, Clark, Rosenbaum
San Felipe Pro ect (CMR:216:2)
r1�IMA
Mayor Comstock asked Councilman Rosenbaum to speak to this
subject.
Councilman Rosenbaum referred to his memo of March 27 to the
City Council.
MOTION: Councilman Rosenbaum moved, seconded by Henderson,.
that the staff be directed to draft a resolution supporting deletion of
funds tor the San Felipe project from the Federal Budget for Fiscal
Year l9?2-73, and opposing further work on the project until it can
be shown to be economically and environmentally feasible. In parti-
cular, satisfactory answers should be provided for the following
questions:
1. Have alternative sources of water, including use of reclaimed
wastewater, been investigated?
Z. Using current cost benefit guidelines, is the project
economically feasible?
3. What will be the effect of water withdrawal on the delta?
4. Will decreased flow into San Francisco Bay decrease flushing
action in the South Bay?
549
3/27/72
5. Is the water intended for agricultural purposes or is it to
promote urban growth which will displace. agricultural uses?
and further, that copies of the resolution be sent to Senators Cranston
and Tunney and Representatives Gubser, Edwards and McCloskey.
Counciltn`r erwald stated his opposition to the motion as stated. He
said he though there are two very strong opposing forces in this issue
and one says that this water is needed and the South County munici-
palities have wondered and have strongly supported the completion
of the project to :augment supplies of Monterey County and San Benito,
Santa Cruz and Santa Clara Counties. Sorne of the people have taken
the opposite viewpoint that the San Felipe project would almost be a
disaster. Palo Alto is not directly affected by this issue and he con-
sidered the arguments for the rater to be much more valid than those
arguments against the completion of the project. Councilman Berwald
said he thought the best action that could be taken would be the action
recornmenderi by the City Manager,
Councilman Pearson urged that Council support the rnoti>Dn.
Mayor Comstock recognized a rreember of the audience :vh°a had re-
quested to speak to this subject.
Gerald R. Grow, 420 Jaynes Road, Apartment 6, Palo Alto, Conser-
vation Chairman, Loma Prieta Chapter, Sierra Club, f tated that the
Loma Prieta Chapter has not adopted a position either in support of
or in opposition to the project because the questions raised by Coun-
cilman Rosenbaum have not yet been answered. The sta:f report is
very accurate and the Sierra Club recommended that the Council not
endorse this project until the questions raised in Councilman
Rosenbaum's motion are answered.
The motion passed on a unanimous voice vote.
Executive Session
Council adjourned to Executive Session from 11:58 p.m. to 12:24 a.m. .
tldjou rrirnent
The meeting was adjourned at 12:25 a, m.
APPROVED
Mayo r
ATTEST:
55*
3/27/72