HomeMy WebLinkAbout1988-11-28 City Council Summary MinutesCITY COUNCIL
MINUTES
za-4goi= PALO ALTO CITY COUNCILMEETINGSARE BROADCAST LIVE VIA KZSU-FREOUENCY90.1 ON FM DIAL
Regular Meeting
November 28, 1988
ITEM PAGE
Oral Communications 60-418
Consent Calendar 60-418
1. Agreement with Wells Fargo Bank for Banking 60-418
2. Agreement with Loomis Armored, Inc. for 60-418
Armored Car Services
3. Agreement with Digital Equipment Corpora-
tion for Software Maintenance --
Supervi ory Control and Data Acquisition
System
4. Contract with James Chalmers for Water. Main
Replacsment Pro j ect - Phase I I I
S. Contract with Davey Tree Surgery Company
for Tree and Stump Removal
6. Ordinance to Transfer the Water Quality
Control Plant from the Utilities Depart-
ment to the Public Works Dspartment
60-418
60-418
60-419
60-419
60-416
11/28/88
USN
LIGE
7. PUBLIC HEARING: Policy and Procedures Cos- 60-419
aittee Recommendation re Ordinance to Provide
for Processing Applications to Deal with Con
cealable Firearms and to Recover Associated
Coats
8. Finance and Public Works Committee Recom- 60-420
mendation re Changes to Investment Policy
9. Automotive Spray Painting Businesses Near 60-421?
Residential Areas
10. Discussion re Propos :d Tonics Policy Council 60-421
11. Water Usage and Conservation Update 60-423
12. Mayor Sutorius and Council Members Bechtel 60-424
Cobb and Klein re Loss of Single Room
Occupancy Facilities in Palo Alto
13. Mayor Sutorius re Cancellation of 60-428
December 5, 1988, City Council Meeting
Adjournment at 9:24 p.71 60-428
60-417
11/ Wee
Regular Meeting
November 28, 1988, 7:30 p.m.
The City Council of the City of Palo Alto met on this date in the
Council Chambers, 250 Hamilton Avenue, at 7:34 p.m.
PRESENT: Bechtel, Cobb, Klein, Fletcher, Levy,
Patitucci (arrived at 7:40 p.m.), Renzel,
Sutorius, Woolley
Mayor Sutorius announced that a Special Meeting to interview
Historic Resources Board Candidates was held in the Council
Conference Room at 6:50 p.m.
ORAL COMMUNICATIONS
1. Ben Bailey, 171 Everett, spoke regarding Palo Alto Police
Department complaints.
2. Edmund Power, 2254 Dartmouth Street, spoke regarding
destruction of Palo Alto Yacht Harbor and Sea Scout base.
3. Bunny Good, Founder, International Group Organization for the
Disabled, P. O. Box 824, Menlo Park, spoke regarding
inhumanity a'axds to four local charitiez.
CONSEN''I` C RIME
MOTLOM: Vice Mayor Klein moved, seconded by Woolley, to approve
Consent Calendar Items 1 - 6.
1. Agreement with Wells Fargo Bank for Banking Services (407)
(CMR: 539.8 )
QEDINANCE,.3840 entitled "ORDINANCE OF THE COUNCIL OF THZ CITY
OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89
TO PROVIDE AN ADDITIONAL APPROPRIATION FOR SECURITIES
SAFEKEEPING WITH THE BANK OF CALIFORNIA"
2. Agreement//�' withcLoomis Armored, Inc. for Armored Car Services
(1201) (T�.MR: 540:8)
3. Agreement with Digital Equipment Corporation for Software
Maintenance -- Supervisory Control and Data Acquisition System
(270-02) (CMR:522:8)
4. Contract with James Chalmers for Watlr Main Replacement Project
Phase III (1/20) (CMR: 545:8)
60.418
11/28/88
5. Contract with Davey Tree Surgery Company for Tree and Stump
Removal (1015) (CMR:524:8)
6. ORDINANCE 3841 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING CHAPTER 2.08 OF THE PALO ALTO MUNICIPAL
CODE TO TRANSFER THE WATER QUALITY CONTROL PLANT FROM THE
UTILITIES DEPARTMENT TO THE PUBLIC WORXS DEPARTMENT" (1st
Reading 11/14/88, PASSED 9-0) (1122-01) (NPG)
NOTION PA8BED9-O,
PUBLIC HEARINGS
7. PUBLIC HEARING: Policy and Procedures Committee Recommendation
re Ordinance to Provide for Applications or Permits to Deal in
Concealable Firearms, and Including a Fee for Such Permits
(1202) (CIS; 536:8)
Council Member Bechtel said permits for concealable firearms were
carefully reviewed by the Police Department. She understood
permits were only issued in those areas where the zoning allowed
them, e.g., not in single-family residential areas.
NOTION: Council Member Bechtel for the Policy and Procedures
Committee moved to adopt for first reading the ordinance to
provide for processing applications for permits for concealable
firearms and the ordinance to amend the Municipal Fee Schedule to
add fees for processing of such permit applications.
ORDINANCE FOR IRST READING entitled "ORDINANCE OF THE COUNCIL
OF THE CITY OF PALO ALTO ADDING CHAPTER 4.57 TO THE PALO ALTO
MUNICIPAL CODE REGARDING DEALERS IN CONCEALABLE FIREARMS"
QRDINA iCE FOR Fain READING entitled "ORDINANCE OF THE COUNCIL
OF THE CITY OF PALO ALTO AMENDING THE MUNICIPAL FEE SCHEDULE
TO ADD FEES FOR THE PROCESSING OF APPLICATIONS FOR PERMITS TO
DEAL IN CONCEALABLE FIREARMS"
Mayor Sutoriva declared the Public Hearing open.
Brian Keast, 255 College Avenue, believed the action was a move
toward banning guns. The public was being brainwashed to believe
that if guns were banned, crime would correspondingly decrease.
Bob Moss, 4010 Orme, was a member of Handgun Control. More people
were killed with handguns in Los Angeles County in 1988 than in all
of Western Europe and Japan. It was well -documented that there was
more danger to people who owned guns and had them taken away and
used on them by intruders or having children find the guns and
60-419
11/28/'S
O
e
shoot themselves or their playmates. Regarding the definition of.
a "dealer," for purposes of the ordinance an "occasional" dealer
was a person who sold three or fewer handguns per year. The
ordinance itself just spoke to any person who sold handguns. He
believed it would provide consistency to amend the ordinance to
indicate what the person had to do to become registered. There was
no requirement in the ordinance for someone to report handgun
sales. If an "occasional" dealer expanded his business, the City
would have no way of tracking the dealer under the narrow specifics
of the ordinance. He urged adoption of the ordinance.
Mayor Sutorius declared the Public Hearing closed.
Council Member Levy bey 4.eved adoption of the ordinance conformed
to State law. Statistics showed that for every shot fired against
an intruder which resulted in death, six deaths were recorded to
friends and family members by the use of small firearms. He was
convinced society would be safer if small concealable handguns were
eliminated. He would support the motion.
MOTION PAPBED 9-0,
REPORTS OF COMMITTEEr AND COMMISSIgN5
8. Finance and Public Works Committee Recommendation re Changes
to the Investment Policy (407-02) (CMR:530:8)
MOTION: Council Member Patitucci for the Finance and Public Works
Committee moved approval of the City's Investment Policy for 1988-
89 as set forth in the Statement of Investment Policy attached to
staff report (CMR:530:8).
MOTION PASSIM 9-0.
RAMETS CF OFFIVI
9. Automotive Spray Painting Businesses near.. Residential Areas
(1440.01) (CMR:525:8)
Council Member Bechtel queried whether residents surrounding the
business were provided copies of he report.
Fire Chief Robert Wall said copies of the report were hand
delivered to both the resident representative and the business
owner.
Council Member Patitucci appreciated the work that went into the
report aed he commended Chief Well and those who diligently tried
to follow through on the complaints. He was pleased the problems
could he solved within the current structure.
60-420
11/28/88
Council Member Cobb clarified the City would continue to monitor
the operation for any violations.
Chief Wall said yes.
No Action Taken
10. Discussion of Proposed Toxics Policy Council (1440-01-01)
Council Member Woolley said Council's input needed to be to the
County staff by December 2, 1988. The input would then be provided
to a joint meeting of the Toxics Policy Council (TPC) Task Force
and the InterGovernmental Council (IGC) Environmental Safety
Committee on December 9, 1988. In July, 1988, Council commented
on a specific proposal which was possibly headed for the ballot in
November, 1988. The proposal received a lot of negative feedback
and was not pursued for the ballot. Council was now being
requested to review a proposal with the same overall mission and
organization as was suggested by the Integrated Environmental
Management Project (TEMP) report, but thz actual formation was much
more generally stated. Council was being asked to comment on
whether it agreed with the general statement and to include any
specific regvirements which should be built into the structure of
the Toxics Policy Council.
MOTION: Council Member Woolley moved, seconded by Klein, to
support the inclusion of the functions of a Toxics Policy Council
in the r..nterGovernmental Council, as a new committee similar to the
existing Solid Waste Committee, providing it be supplied with a
reliable funding source; duplicative committees or commissions be
eliminated; independent technical and support `Staff be authorized
and clear responsibilities and goals are established.
Council Member Woolley said the 'UGC was currently examining how it
could be reorganized to become a strong regional body. The ad hoc
group on inter -city coordination was reviewing the multiplicity of
County organizations to possibly strengthen regional cooperation.
"Around the Bay" from than Association of Bay Area Governments
(ABAG) referred to a Bay Area Council Study presented at the
general assembly which issued a strong challenge to the regions'
leaders to plan together more closely for their futures. It was
suggested the alternative would be for the State to step in to
limit local growth control authority, T *e► Assembly Committee
workshop on Local Government held in Ccto :: , 1988, suggested a
need for "carrot and stick" approaches pr viding local governments
with incentives for proper planning while taking away their
discretion over Osvelop nt if . they planned poorly, and: that the
State was needed to consider institutional reformsat the local
level. Legislation which died in committee related to an increase
f0-42'.
11/28/88
in gas tax and extra funds distribution based on cooperation of
local agencies in regional planning. Legislation which did pass
was a State Senate Urban Growth Policy Project, which would produce
a package of legislation to address the State's tole at the local
level in development. While the TCP had nothing to do with land
use, its formation was a step toward building a strong regional
body. The Solid Waste Committee was funded independently of IGC.
The TCP would also need independent funding. The members of the
TCP would overlap with members of the IGC to some extent as was the
case with the Solid Waste Committee. It was important that neither
staffing nor funding for the TCP come from the County.
Dr. Harding -Barlow, 3717 Laguna Avenue, was concerned about the
neighborhood groups being left out of the process. She urged use
of the professional expertise available in Santa Clara County.
Vice Mayor Klein supported the need for a TCP and that the approach
to tonics problems needed to be on a regional or sub -regional
basis. He was distressed by the lack of specificity in the report.
It was unusual to see a specific proposal before the County in the
summer retreat to generalities in the later submission. He
preferred to see the process move more swiftly and that the
specifics be dealt with.
Council Member Cobb assumed the cost for setting up the staff
support would come from the individual cities.
City Manager Bill Zaner said the funding might be borne by IGC
through an assessment. The funding was to come from an independent
source as yet unidentified. If funding was to come from individual
cities, he . could not provide a figure because it would depend on
how elaborate the system was.
Council Member Cobb queried at what stage the proposal would become
more specific.
Council Member Woolley said presently Council was providing
feedback to help the IGC plan the next steps. She expected the
process would move along faster now that the election was over.
Council Member Patitucci asked about the IGC's legal status.
Council Member Woolley said the IGC was established by a Charter
amendment which the people of Santa Clara County voted on about 12
years ago. The bylaws which governed most of the structure were
not a part of the Charter and could be changed by a two-thirds vote
of the membership. The County was committed to funding the IGC.
60-422
11/28/88
Mr. Zaner said the County was not committed by Charter to fund the
IGC at any particular level. The County supported the IGC with
staff and the IGC had no independent source of revenue presently.
Council Member Patitucci did not like the idea that funding sources
were not subject to an annual budgeting process in which trade-offs
had to be made and that dollars just flowed to entities because
they happened to have been historically funded. Many organizations
outlived their usefulness because there was no incentive to close
them down. He wanted to minimize the proliferation of government
and government agencies. He opposed the motion. He preferred to
see County government itself take a more active role as the
government of the region trying to help solve some of the
coordinating problems.
Council Member Woolley said the proposal was an attempt to
compromise between having an organization completely separate
versus an organization which was the same as the IGC. She did not
believe it would work any better to have the IGC synonymous with
the TPC than when the Solid Waste Committee was originally composed
of the same 22 members as the IGC. It was important to have some
overlap in membership.
Mr. Zaner did not believe anyone wanted to see another layer of
government or another set of boards or advisory committess. Every
time a new piece of legislation passed, there was a new committee.
Part of the TPC proposal was to do away with some of the committees
and consolidate them into one central TPC.
Mayor Sutorius agreed with the need for the TPC. Council Member
Patitucci raised some fair challenges to the process. Experience
showed that once the cities took a responsibility which included
being directly part of the funding mechanism, the level of
participation was greater. If the TPC were funded exclusively
through the County process, the level of activity of the me7R`tership
would be less than what the City would want.
MOTION 1P OEb 7-2, levy, Patitucci voting 'ono.,
Council Member Woolley requested Vice Mayor Klein's comments
concerning the specifics and the need to move quickly be included
in the transmission to the County.
11. Water Usage and Conservation Update (NPG)
City Manager William Zaner said the City was at about 14 percent
conservation. The wells were back in use and they provided about
20 percent of the water consumed. Staff hoped to begin reducing
its reliance on the wells, The City was about 24 percent below its
allocation.
60-421
11/28/88
1
i
COUNCI. MATTERS
12. Mayor Sutorius and Council Members Bechtel, Cobb and Klein re
Loss of Single Room Occupancy (SRO) Facilities in Palo Alto
(250)
Council Member Cobb said the Human Relations Commission (HRC) was
very interested in the homeless issue and the more specific issue
of the people who lived in the "single room occupancy" (SRO)
facilities. The impending sale of the Barker Hotel precipitated
interest in the issue. It was appropriate for Council to hear the
issue and see whether any actions might be appropriate.
Julia Ready, 3444 Kenneth Drive, was concerned about the loss of
SRO housing. She was on the Community Development Block Grant
(CDBG) Advisory Committee on Homelessness for the HRC and the board
of the Urban hinistry for Palo Alto. An ongoing problem was
funding for low or moderate income housing in Palo Alto and where
the housing should be located. She provided a petition with 40
signatures urging that Council prevent the loss of the housing
while tLa problem was studied. The Homelessness Committee was
looking at recommendations for the HRC regarding location of low
income housing.
Council Member Cobb asked about Ms. Keady's thoughts on a
moratorium in connection with the larger personal property rights
of those who owned the facilities.
Ms. Keady said it was a difficult question. People purchased
property for its values. At one time or another the property was
purchased to function as a SRO hotel, and there was some
responsiblity to the displaced individuals. She did not
necessarily believe it was an infringement on their property rights
because the owners were still free to do what they wanted to do
with the property; they just needed to provide for the displaced
people.
Donald J. O'Brien, 1170 University Avenue, a volunteer at the
Veterans Hospital, said during the course of medical treatment and
rehabilitation, low income housing was an important issue. Many
of the veterans did not have much money and had to travel great
distances for medical treatment. The low income housing provided
the veterans with security. He submitted a petition urging that
the matter be studied.
Jim Burklo, 190 E. O'Keefe, #12, Menlo Park, administered the Urban
Ministry Program in Palo Alto. The HRC recommended that there be
a hotel preservation policy to save the vital low income housing
in the community. There was a nationwide movement to preserve SRO
50-424.
11/28/S8
housing. He referred to a couple of disabled people who had been
living on disability checks in the Craig Hotel since 1961 when it
opened. Those who cared about the people who needed SRO housing
believed there were many options available to a city to preserve
such housing. It was bard to determine how many people listed SRO
housing as their homes. The Downtown Foci Closet and Urban
Ministry noted about three times as many peorl.e listed SRO hotels
as their address than there wee rooms in +one hotels. Persons
using hotels paid a hotel tax. Some of the people would wind up
in the street if they lost their housing. He urged the adoption
of a comprehensive City policy of hotel, single room occupancy
preservation.
Joseph Keenan, 535 Hilbar Lane, was a staff psychologist at the
Veterans Administration (VA) Medical Center in Palo Alto with the
primary responsibility of developing copmunity housing programs.
He was also a member of the Palo Alto Committee on Homelessness as
well as the CDBG Advisory Committee. Over the past five years, the
VA Medical Center had become aware that the veteran population was
a part of the homeless problem in the area. To that extent, his
abilities as well as other peoples had been used to develop
community housing programs. It might be helpful for Council to
consider a moratorium because he believed there would be more
federal funds available. It was a matter of time before the
Housing and Urban Development (HUD) money and State money became
available to the Palo Alto Housing Corporation (PAHC) or other
nonprofit housing corporations to acquire the properties. They
weee presently trying to get a group home in Palo Alto for
$300,000; the Barker Hotel might be five times that amount. He
believed it would help if the City had a policy commitment in order
to acquire State CDBG money.
Jeanne Vatterott, 1130 Welch Road, #315, was a new resident of the
area and was appalled at the housing costs. She had been the
director of a legal clinic for homeless people at St. Louis
University Law School, worked with the City of St. Louis in its
homeless services network board, and was formerly, a board member
for the National Coalition for the Homeless. Homelessness across
the country was caused by incomes that were tco low to meet the
costs of shelter. St. Louis' experience was that with several
successful redevelopment programs, many SROs were destroyed.
Establishing a moratorium was a short-term solution to allow the
City to look at a complicated problem in depth.
Lynn Torino 721 Ensign Way, was Chair of the HRC. The Homelessness
Committee was appointed in late April, 1988, to study the issues
surrounding homelessness. The memo from the HRC strongly
encouraged that Council acknowledge the importance of retaining the
hotels as a crucial part of the affordable housinq stock of the
60-425
11/28/88
1
City and direct staff to explore ways in which it might be
accomplished.
Bob Woods, 2065 Emerson Street, was a member of the HRC. Naicy
Shipley asked him to advise the Council that she had been in
conversation with the prospective new owner of the Barker Hotel.
There might be the opportunity to work something out with the new
owner. The relative legal property rights needed to be pursued.
Bob Moss, 4010 Orme, occupied a hotel when he first came to Palo
Alto at a cost of $125 per month. He understood the importance of
such a facility. He divided the homeless problem into three broad
categories: 1) the working poor or the pensioneers, people whose
incomes did not quite cover quality housing especially in Palo
Alto; 2) those who lost a job or became ill and fell out of the
housing market, and could not accumulate the capital for down
payments and security deposits to get back in; and 3) the
alcoholics, mentally disturbed, and anti -social persons. Such
people required treatment on a much broader level than what the
City could approacL. Council might consider extending the
condo;inium conversion ordinance to include SRO hotels by
redefining those properties which were covered by the ordinance.
It might prevent the present occupants/renters from being
displaces, or if the character of the structure changed, they would
be grandfathered in and given lifetime leases. He also suggested
a moratorium on the conversion to other uses of the SRO hotels for
a period of time to enable the Council, staff and the community to
discuss other ways of handling the situation. Another possibility
would be for the City to acquire long-term leases from the owners
of the hotels using in -lieu housing funds, CDBG or other funding
sources, and then to sublease to the present tenants. Currently
a renter, they put down a security deposit and the first and last
months' rent. The money was used by landlords as they wished.
Very few landlords paid interest on the money, and he proposed the
establishment of a trust fund to be managed by a local financial
institution which would take the deposit money from all rental
units of four units or above, invest it, take about 5 or 6 percent
interest and turn the money over to a City housing fund. The rest
of the money would be put back in interest. A portion on the
excess interest above 5 or 6 percent would be returned to the
tenants as interest on their security deposits then they left. He
estimated the City could get $200,000 to $300,000 per year in
income. Another possibility was to rant two or three of the
existing subsidized housing units in the PARC for temporary housing
for displaced people to give them a place to live for three to six
months to accumulate capital. The City might also have a revolving
subsidy fund for renters, which could be administered through the
PAHC. Someone who could only afford $300 per month for rent but
needed $500 a month in order to occupy decent housing would be
subsidized by that amount from the housing fund. There were a
60-426
11/28/88
number of possible sources including in -lieu housing funds, land
bank money, and the 4nterest on security deposits. He urged
consideration.
Council Member Cobb was not ready for a moratorium as it was a
drastic response to any problem. He spoke with Nancy Shipley
earlier in the evening and she indicated the new owners of the
Barker Hospital seemed to be more than willing to talk about
working with the community to preserve the SRO housing at the site.
A high priority should be given by the Council to dispatching
appropriate emissaries to discuss the matter.
Council Member Renzel believed there was sufficient testimony as
to the value of the SRO housing. She was concerned that even
though the buyer of the Barker Hotel was interested in looking at
ways to solve the problem, there were three other hotels which
provided the SRO housing. The very raising of the question might
precipitate sales and real estate actions on the other three
hotels. She saw the situation as one where a moratorium might be
appropriate. The first step would be for staff to report back to
the Council on the various options available. Council would
ultimately have to take stronger action even if in the short-term
it got by with some band -aid approaches. She supported the idea
of having staff support various ways but hoped consideration was
given to a moratorium and the zoning processes.
Mayor Sutorius asked about the San Diego conversion situation.
Director of Human Services Margo Dutton said staff had requested
the information from San Diego.
Vice Mayor Klein asked about the Berkeley ordinance.
Senior Assistant City Attorney Tony Bennett: said the ran Francisco
and Berkeley ordinances were somewhat parallel. The initial
approach was a moratorium during which Council studied the problem,
inventoried the units, and then defined which units they would seek
to preserve. Upon a conversion which was either a change in use
to a transient type upgraded hotel room or a demolition, there
would be a requirement to provide a replacement unit either by
relocation of the exiting tenants or by actual construction of new
a►nd comparable units by the developer.
MOTION: Council Member Cobb moved, seconded by Bechtel, to: 1) ask
staff and representatives of the Palo Alto Housing Corporation and
the Human Relations Commission to meet with new owners of the
Barker Hotel to see what can be done to preserve that SRO housing
opportunity; and 2) ask staff, the Palo Alto Housing Corporation,
and the Human Relations Commission to explore this issue and
develop a set of recommendations for potential actions that City.
60-427
11/28/88
1
Council could consider to maintain the existing SRO housing stock
in Palo Alto.
Council Member Woolley wanted to receive a status report on the
seismic ordinance in terms of what was mandatory, what was
expected, and possibly rough costs.
Council Member Levy referred to budget constraints, and said many
of the items mentioned would involve funding beyond the reasonable
expectation of the City Council.
Council Member Cobb said tnr task ahead of the Finance and Public
Works (F&PW) Committee and subsequently the full Council was to
find a way to cut another almost $2 million out of the City budget.
Existing services and programs in the City at a minimum would have
to be scaled back. Getting City money to solve the problem was a
difficult task. He hoped there were sources of federal funds and
that there were actions Council could take such as the elimination
of the transient occupancy tax for SROs. He believed it would be
difficult to find additional budget moneys to support the issue.
NOTION PASSED 9-0.
13. Mayor Jack Sutorius re Cancellation of December
Council meeting (NPG)
NOTION: Mayor Sutorius moved, seconded by
City Council meeting of December 5, 1980.
MOTION PASSED 9-0.
Adjournment at 9:24 p,m.
ATTEST:
Fletcher,
APPROVED:
Ci%y Clerk \_ aYor
NOTE: Sense minutes (synapsis) are prepared in accordance with
Palo Alto Municipal Cod* Section 2.04.200(b). The City Council
meeting tapes are retained in the City Clerk's Office for two years
from the date of the meeting, and the Finance and Public Works
Committee and Policy and Procedures Committee meetings tapes are
retained for six months. Members of the public may listen to the
tapes during regular office ours.
5, 1988, City
to cancel the
60-428
11/28/88