HomeMy WebLinkAbout1985-04-22 City Council Summary MinutesciTv
COUEICIL
M1NUT€s
CITY
OF
ALTO
Regular Meeting
Monday, April 22, 1985
ITEM PAGE
Item #1, Palo Alto Chamber Orchestra 5 6 6 1
Oral Communications 5 6 6 1
Minutes of April 1, 1985 5 6 6 3
Item #2, Resolution of Appreciation to Visual Arts 5 6 6 3
Jury Member Joan Hancock
Item #3, Appointment of Cable Access Organization 5 6 6 4
Incorporators
Consent Calendar 5 6 6 5
Referral 5 6 6 5
Item #4, !Utilities Ratemaking Policy -- Refer to 5 6 6 5
Finance and Public Works Committee
Item #5, Review of Utility Reserves Uses and 5 6 6 5
Balances 1985-88 Refer to Finance and Public
Works Committee
Acti on
Item #6, Civic Center Air Intake Structure
Ordinance Changes
Item #7, Auctioneer Ordinance
Agenda Changes, Additions and Deletions
Item #8, Public Hearing: Vacation of Subsurface
Portions of Street and Alley --Lytton. Avenue, Ramona
Street and Adjacent Alley (Lane 13 West) -
University National Bank
Item #11, Reversal of One -Way Traffic - Lane 13
West
Item #9, Public Hearing: Santa Clara County Solid
Waste Management Plan
Item #]0, Finance and Public: Works Committee re
1984-85 Annual Audit -,Services
Item #12, Terman Sports Field
Item #13, Banner Competition
Item #14, Landfill and:,B `xbee Park Development
Item #15 Request of Councilmember Woolley re
Extension of Demolition Moratorium for 225 Homer
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ITEM
Adjournment - 10:10 p.m.
Report out of Closed Session
Item #16, Resolution re Litigation
Final Adjournment - 10:30 p.m.
PAGE
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Regular Meeting
April 22, 1965
The City Council of the City of Palo Alto met -on this date in the
Council Chambers, 250. Hamilton Avenue, at 7:45 p.m.
PRESENT: Bechtel, Cobb (arrived at 8:00 p.m.) , Fletcher,
Klein, Levy, Renzei (arrived at 8:10 p.m.),
Sutorius, Witherspoon, Woolley
Mayor Levy announced that a Special Study Session re Wastewater
Discharge Study was held in Council Conference Room at 6:15 p.m.
Mayor Levy announced the need for a Closed Session re Litigation
pursuant to Government Code Section 54956.9(c) to be held after
the regular meeting.
MOTION TO BRING FORWARD ITEM #1, PALO ALTO CHAMBER ORCHESTRA
MOTION: Mayor Levy moved, seconded by Wool i ey, to bring forward
Item #1, Palo Alto Chamber Orchestra.
MOTION PASSED unanimously, Cobb, Renzel absent.
ITEM #1, PALO ALTO CHAMBER ORCHESTRA
William Whitson, founder, conductor and music director of the Palo
Alto Chamber Orchestra, said the Orchestra project not only kept
young people off the streets, but... most became professionals or
lived out their lives with music as, an important ingredient. Art
and music, through young people, was a major part of a society.
Mr. Whitson conducted Corelli Concerto Grosso Opus Six #12.
Mayor Levy conducted Vivaldi Coccerto Grosso Opus Three #3.
Mayor Levy said the City Council honored the Palo Alto Chamber
Orchestra, which officially represented the City of Palo Alto
during the past year at the International Youth Festival in
Aberdeen, Scotland, and played concerts in London and Paris. They
were outstanding representatives of the community. He presented a
proclamation to Mr. Whitson recognizing the accomplishments of the
Palo Alto Chamber Orchestra during the past year.
Mr. Whitson accepted the proclamation on behalf of the Orchestra.
ORAL. COMMUNICATIONS
1. Jack Morton, 2343 Webster Street, thanked Mayor Levy and Vice
Mayor Cobb for arranging the meeting between the Trust and
City staff two weeks ago. Out of that meeting, the Trust was
able to provide Council with the information package. Two
years ago, the. Trust went to the City with a short-term
solution for continued ice skating in Palo Alto. The Trust
would return on May 6 for the final step in the long-term
solution. In response to the City's fiscal conce►rns, the pro-
posed solution did not recommend expenditures of City dollars,
but suggested the City provide the voters the opportunity to
accept Mr. Peery` s offer to- exchange land. The Trust could
qualify a second initiative authorizing the Council to enter
.into such an exchange, but under the terms of the City
Charter, only Council could present the undedication measure
to the voters. The Trust :gathered 3,500. signatures which,
indicated the voters wanted to decide on the matter. The
Trust would return on May 6 for Council's decision to commence
public hearings on undedlcati ng the vacant lot east 'of'
8ayshore.
2. Jacqueline Stewart, 1580 Walnut, said Mr. Peery offered to
exchange the 3.74 acres for a parcel at the edge of the
Municipal Golf Course. The land was separated from the
Municipal Golf Course by fencing, but the property was dedi-
cated as Aunici pal Golf Course, and projected use of the land
was a possible expansion of the golf course. The offer from
Mr. Peery required a rezoning of the property to LMD(3) or a
.3 to 1 floor area ratio, which was consistent with develop-
ments in the surrounding area. The parcel was presently dedi-
cated as parkland and the adjacent area would require removal
from dedication, which action could only be initiated by the
Council. The procedure was that a resolution would be passed
with a hearing set at that time 30 to 60 days following the
resolution with attendant posting and publication require-
ments. At the hearing, protests from interested parties would
be heard and then the measure would be placed on the i;allot.
Essentially, four actions were required: the removal of the
property from dedication; rezoning; exchange; and if the
Council desired to place the parcel at Middlefield under dedi-
cated park use as well so there would be an exchange of park-
land for parkland, that would be a separate action. She urged
that Council state its intentions.
3. Ralph Brown, 541 Bryson, was associated with Peninsula Open
Space Trust, a nonprofit land conservation organization. He
facilitated the preservation of land, and tried to maximize
public and private resources to create a greater public good.
He believed there was a trend in Palo Alto to convert public
or quasi -public property into private. property, especially
along Middlefield Road. The opportunity existed to reverse
the trend and create future options for the City along
Middlefield. Each time a conversion occurred, the City faced
the loss of a public institution. Looking at the City's vari-
ous assets, it was incumbent on the Council to maximize those
assets to create a greater public good for the citizens of
Palo Alto. He urged consideration of the trade because he
believed it was an appropriate use for the real estate assets
under the Council's control.
4. Helema Van Tuyl , 4017 Middlefield, was a member of the Trust
for Community Skating. The land swap would provide a family
and community centered recreation program; would create a 3.74
acre Parkland in Midtown; and would offset the high density
development along the Middlefield corridor. Since the swap
could take place at little or no cost to taxpayers, the bar-
gain was obvious, especially when compared to the recently
published figures for City acquisition of playing fields and
possibly tennis courts at the closed elementary schools. The
Winter Lodge was the place where old and young played together
and was the only recreational facility comparable to the City
swimming pools i n that in both places youngsters enjoyed hours
of supervised, yet unstructured, play. Palo Alto and its
young people benefited when they had a gathering place for
activity and fun. Besides the skating facility which occupied
one acre, the City would gain the additional 2.7 acres of
parkland in Midtown, which could be used to enhance the City
and meet citizen needs. Theparkwould offset the 150 condo-
miniums now being built .n. the Midtown area. If the City did
not acquire the Middlefield parcel, more high density would go
up in an already heavily affected area of the City. The
issues of land swap and undedication were intertwined. If
Council placed a comprehensive measure on the ballot which
included the land swap and undedication, then the Trust's
first initiative to fund community skating would be unneces-
sary. The issue was before the Council and the people of Palo
Alto for four years= The swap provided a mechanism by which
to maintain ice skating for the community in a fiscally
responsible way as well as bringing some important land for
the Midtown area and putting i.t in the City's control. The
swap was an important factor., to the future neighborhood
1
gnaf i ty of Palo Alto and many Counci lme hers campaigned on the
quality of neighborhoods. There were important things for the
Council and citizens to decide regarding traffic to be gen-
erated by the swap, but she believed there was an overriding
public benefit. The community, looked to the Council on May 6
for leadership in preserving Winter Lodge and the surrounding
acreage on Middlefield. The solution was within reach --the
final step was the City's.
Mayor Levy said because the Winter Lodge virtually qualified an
item for the November ballot and intended to pursue another
initiative for the November ballot, the item would be agendi zed
for May 6. On May 6 and 13, ,extensive hearings for the Gamble
House were scheduled. On May 6, the hearings for the Gamble House
would start at 7:45 p.m. and continue until 9:30 p.m. At 9:45
p.m., the Winter Lodge would be discussed. He hoped the discus-
sion on the Winter Lodge was as succinct as possible.
5. Dorothy Star, 543 Everett Court, #1, spoke on behalf of
approximately 30 gardeners. She waited for direct communica-
tion from the City's liaison since November, 1984, in order
for her to fulfill her responsibility to the 35 gardeners and
let them know when the City would bulldoze; whether they would
stop at the present garden borders; and where the boundaries
would be. Some of the plots were left unattended because no
one from the City communicated with her -'about how many plots
could be reassigned, when the defamation of the boundaries
would take place, and: what would happen. She requested infor-
mation on who she should contact,
Mayor Levy requested that staff communicate with Ms. Star.
6. Michael Lee, 164 Hawthorne, spoke about the City's survey map
which aid not include the 50 -year -old Oleander tree, but
nothing else looked threatened. Many of the Victorian houses
around the park site dated from around the turn of the cen-
tury, and the wrong park could plunge the old town neighbor-
hood into a identity crisis. One of the hopeful signs was the
90 -year -old gardener. She was out in her garden daily at
least until the bulldozers arrived. Seven years of hard work
went into the beds of the existing gardens and they should
remain intact as long as needed. The 90 -year -old voice from
the past spoke in a clarity almost lost. There was a lot to
shoot for the coming summer, but if they lost, they would lose
forever.
MINUTES OF APRIL 1, 1985
NOTION: Cooed lafember Sutari+ss saved, seconded by Cobb,
approval of the minutes of April 1, 1935, as submitted.
NOTION PASSED unanimously, 5echtei , Wenzel absent.
ITEM #2, RESOLUTION OF APPRECIATION TO VISUAL ARTS JURY MEMBER
JOAN HA COCK (COU 5-7)
Mayor Levy said Joan Hancock served the City as a member of the
Visual Arts Jury from February 1, 1981 to January 31, 1985, and
gave unselfishly of her time and talents in support of the City f
Palo Alto Arts in Public Places Program. She made a significant
personal contribution to the community through her diligent and
conscientious efforts while serving as a member of the Visual Arts
Jury. During her service, the Visual Arts Jury produced an out-
door sculpture exhibition, purchased three sculptures for the com-
munity, and hosted an; -Area -wide seminar on Arts in Public Places.
Bc causc the City of Palo Alto desired to + eco9ni a the service of
Joan Hancock, the City Council recorded its appreciation as well
as the appreciation of the citizens of the community for her
outstanding public service.
MOTION: Vice Mayor Cobb moved, seconded by Klein, approval of
the Resolution of Appreciation to Joan Hancock.
RESOLUTION 6369 entitled *RESOLUTION OF THE COUNCIL OF
TAE' CITY OF PALO ALTO EXPRESSING APPRECIATION TO JOAN
HANCOCK FOR OUTSTANDING PUBLIC SERVICE AS A MEMBER OF
THE VISUAL ARTS JURY*
Mayor Levy presented the framed resolution to Joan Hancock and
commented that she played an outstanding 'role in the Visual Arts
Jury, and the Visual Arts Jury, in turn played an outstanding role
in improving the ambiance of Pi lo Alto.
MOTION PASSED unanimously, Renzel absent.
ITEM #3, APPOINTMENT OF CABLE ACCESS ORGANIZATION INCORPORATORS
PRE 7.31
Mayor Lev) said the following applications were received. The
City Council would appoint three incorporators, and the first
three candidates to receive five votes would be appointed.
George Steponenko
Matt Lehmann
Jawanza Osayimwese
Marc Strassman
Zaki Lisha
George Beers
FIRST ROUND OF VOTING
Assistant City Clerk Gloria Young announced the results of the
first round of voting:
VOTi HG FOR STEPANENKO: Woolley, Sutorius
VOTING FOR LISHA: Witherspoon, Renzel, Levy, Klein, Cobb,
Fletcher, Bechtel
Ms. Young said Zaki Lisha had seven votes and was appointed.
SECOND ROUND OF VOTING
Ms. Young announced the results of the second round of voting:
VOTING. FOR STEPANENKO: Woolley
VOTING FOR OSAYIMRESE: Witherspoon, Sutorius, Levy, Renzel,
Klein, Cobb, Fletcher, Bechtel
Ms. Young said Jawanza Osayimwese 'received eight votes and was
appointed.
THIRD ROUND OF VOTING
R4s. Young announced the results of the third round of voting:
VOTING FOR STEPANEi1KO: Fletcher, Woolley, Witherspoon,
Sutorius, Renzel, Levy, Cobb, Klein,
Bechtel
Mi Young
appointed.
dine votes and was
Mayor Levy said the Community Access Organization would guide Palo
Alto, Menlo Park, Stanford, East Palo Alto, and other parts of San
Mateo County in a joint effort to have an excellent cable televi-
sion system. He congratulated the appointees.
CONSENT CALENDAR
MOTION: Vice Mayor Cobb moved, seconded by Fletcher, approval
of the Consent Calendar.
Referral
ITEM #4 UTILITIES RATEMAKING POLICY - REFER TO FINANCE AND PUBLIC
WaRKS tOMMI . E•E (UTI T
ITEM #5, REVIEW OF UTILITY RESERVES USES AND BALANCES 1985-88 --
1TFETTO-1-PMATIMAN15 L
Action
ITEM #6, CIVIC CENTER AIR INTAKE STRUCTURE (PW 7-2)
Staff recommends that Council:
1. Authorize the Mayor to execute a contract with Chegwin
Construction for $34,949 for the construction of the air
intake structure; and
2. Authorize staff to execute change orders for the project in
the amount of $5,000.
AWARD OF CONTRACT
Chegwin Construction
ITEM #7, AUCTIONEER ORDINANCE (2nd Reading) (LEG 5)
ORDINANCE 3612 entitled "ORDINANCE OF THE COUNCIL OF
THE CITT OF PALO ALTO AMENDING SECTION 4.10.060 OF THE
PALO ALTO MUNICIPAL CODE RELATING TO THE DEFINITION OF
AUCTIONEER' (1st Reading 4/8/85, PASSED 8-0, Woolley
absent)
MOTION PASSED unanimously, Renzel absent.
AGENDA CHANGES, ADDITIONS AND DELETIONS
MOTION: Coriacilmeeber Sutorids moved, seconded by. Cobb, to
bring forward Item 111, Reversal of One -Way Traffic - Lane 13
West to follow Item #8, Public Hearing: Vacation of Subsurface
Portions. of Street and Alley.
MOTION PASSED uaaaimously, Redzei\absent.
ITEM 48 PU5LIC HEAR1NG: VACATION OF SUBSURFACE PORTIONS OF
STREET AAi3NA STRtET AP ADJA1ENT Kilt'(
(tA ATTINUnniria-THWAV$ANK (UTI 2/PLA 4)
Mayor Levy declared the public hearing open. Receiving no
requests from the public to speak he declared the public hearing
closed.
Mayor Levy advised that he would not participate on the voting due
to a conflict of interest,
Councilmember Renzel : arrived at 8 : i0
MOTION: Casaci lemnber Weel 1 ey noted, seconded by Witherspoon.
approval of the resolution.
MOTION CONTINUED
1
RESOLUTION 6370 entitled "RESOLUTION OF THE COUNCIL OF
TF1 CITY OF PALO ALTO ORDERING THE VACATION OF CERTAIN
SUBSURFACE STREET AREAS ALONG PORTIONS OF LYTTON AVENUE,
RAMONA STREET, AND LANE 13 WEST'
MOTION PASSED unanimously, Levy not participating."
ITEM $11, REVERSAL OF ONE-WAY TRAFFIC - LANE 13 WEST (PLA 4/UTI
MOTION: Vice Mayor Cobb moved, seconded by Klein, approval of
the resolution.
RESOLUTION 6371 entitled '"RESOLUTION OF THE COUNCIL OF
7Na CITY Or -PALO ALTO REVERSING THE DIRECTION OF ONE-WAY
TRAFFIC ON A PORTION OF LANE 13 WEST*
Counci lmember Witherspoon asked if the street would continue to be
called *Lane 13" or whether it would be called "Ramona Alley.*
MOTION PASSED unanimously, Levy "not participating.'
ITEM #9 PUBLIC HEARING: SANTA CLARA COUNTY SOLID WASTE
CM:26' : 51
Cuuncilmember Witherspoon said there was talk in Redwood City
about building a large regional facility for burning refuse after
it was separated, and she asked if there was any hope of cities in
northern Santa Clara County participating in that venture.
City Manager Bill Zaner said the Public Works Department was
working with Redwood City on the project.
Mayor Levy declared the public hearing open.
Nancy Olson, Peninsula Conservation Center (PCC), 2253 Park
oulevard, said the PCC Board of Directors urged Council approval
of the 1984 revision of the Solid Waste Management Pian for Santa
Clara County. The PCC was concerned about increased problems of
waste generation and decreased landfills necessary to handle dis-
posal. The garbage question was greater than the boundaries of
the local jurisdictions.. Most people did. not live, work -and play
within the boundaries of one city and they contributed to the
waste streamin multiple locations. It was necessary to work with
other cities in search for solutions to cony<on problems. The PCC
supported the revision because it included the importance of the
environment and of community involvement in its presentation of
County -wide solid waste problems. Palo Alto had the ;opportunity
to be a leader in the implementation of the plan.
Howard Sel zni ck, 3451 Waverley, chaired the City's War on Waste
Committee, and served on the Solid Waste Community Advisory
Committee. The Committee was composed of various interests
including business, labor, environmental groups and recycling
centers. Palo Alto had three representatives on the Committee.
The Plan was a good document and had many necessary specific tasks
required to move to solid waste m nagement in the County, but it
was.- not too specific so as to be inflexible. He urged Council
approval.
Irene Sampson, League of Women Voters (LWV), said the five Leagues
in Santa Clara County were involved in a study of solid waste
management two years ego, and one of the docuents they prepared
was entitled sour Garbage - Herr Today, Where `Tomorrow?" Everyone.
generated garbage, and the LWV agreed that a Solid Waste Manage-
ment Pia should emphasizeo-cooperation among local jurisdictions
5 6 6 6
4/22/85
in seeking long-term solutions, measures to reduce the waste
stream, protection of the environmental and financial responsi-
bility. The LWV also supported measures to develop greater aware-
ness of solid waste issues and were pleased to participate in the
revision process. The LWV believed the revision set up an
important ongoing process to dealing with the identified issues
beginning with examination of the waste stream, increased resource
recovery, the strength and enforcement of€arts, particularly if
they could be done in. ways to increase the public's confidence in
the system and reevaluation of the decision -making structure. The
LWV believed it was important that public education and the
opportunity for community involvement continue as a process was
implemented. The LWV urged Council approval of the 1984 revision
to the Plan, and that its programs be aggressively pursued.
Mayor Levy declared the public hearing closed.
Councilmember Bechtel commended Nancy Olson, Howard Selznick and
Irene Sampson who worked so hard as part of the Community Advisory
Committee of the Solid Wastement Management Plan.
MOTION: Coancilmember Bechtel moved, seconded by Fletcher, to
adopt the Resolution.
RESOLUTION 6372 entitled *RESOLUTION OF THE COUNCIL OF.
THE CITY 6F PALO ALTO APPROVING THE FINAL DRAFT OF THE
1984 REVISION OF THE SOLID WASTE MANAGEMENT PLAN FOR
SANTA CLARA COUNTY'
Councilmember Fletcher was pleased to see the emphasis on coopera-
tion and joint action. Some of the .communities in the County did
not have the dedication or knowledge to deal effectively with the
recycling program, which was a vital part of the solid waste
management process. She attended several meetings a week at the
County building, and she was concerned that there was so much
paper and no information to encourage that paper not be discarded.
I n . a joint program, she believed Palo Alto could take the lead and
get other jurisdict'pons to do more recycling. She was dismayed
that Cupertino had a small demonstration program and gave up
rather than look for ways to implement their program more effec-
tively. She endorse the direction of the Solid Waste Management
Plan for Santa Clara County.
Councilmember Renzel endorsed the Solid Waste Management Plan, and
believed it clearly ' utl i ned the problems and what needed . to be
done to work on solutions. She remained concerned about some of
the - issues she raised during the draft Plan. ` The tai k of public
part3cipatian was always difficult because there was a different.
public at the early stages than at the late .stages when sites were
narrowed down. She was not sure there was any easy way to solve
that problem because it was hard to identify those constituencies
until . they buzzed like a beehive. The City needed to stay
apprised of that /act as it talked about early public . participa-
tion. People could not be forced to participate until they really
knew the issues as they were affected. Mountain View's dump con-
tinued to be described as "filling subgrade lands." She pointed
out they were former marshlands, diked off and seasonal .wetlands
and, were a significant environment loss at the time they were
filled. They were not *subgrade lands" in the common ender -
standing of that definition.
Mayor Levy supported the motion, butwas concerned the resolution
did not get to the heart of the matter that no one wanted a dump
in their jurisdiction. In the final analysis when they narrowed
down a dump site, those who lived near the site and those on the
truck route to the site would veto it. It was true no matter
where the dump . site was --those nearest ` would oppose it. He
believed the County Supervisors and everyone had to deal with. that
question and develop a decision -making process for establishing a
site that did nOtgive veto power to any one Jurisdiction.
1
Supervising Engineer Jim Harrington said in terms of allowing ono
jurisdiction a veto power° over incorporation of any particular
landfill site transfer station into the County -General Plan
through the Solid Waste Management Plan, the requirement was the
approval of 50 percent of the cities in Santa Clara County having
50 percent of_the population. Essentially, it was San Jose along
With seven other jurisdictions, so that One community In , and of
itself would not have absolute veto -power power over the establishment
of a transfer site within its area.
Councilmember Bechtel said under 11-26, a task force would be
established in the short-term to look into the details of the
decision -making structure, which was crucial in dealing with the
issues. She believed the veto question would be part of that pro-
cess and since it would be done over several years, there would be
ample opportunity to provide more feedback on the exact nature of
the process.
MOTION PASSED unanimously.
ITEM #10, FINANCE AND PUBLIC WORKS COMMITTEE RE 1984-1985 ANNUAL
AUDIT SERVIi S CFTN 2-41
Cduncilmember Bechtel, Chairperson of the Finance and Public Works
(F&PW) Committee, said the annual audit was expensive because it
would meet various audit requirements from funders for different
grants and it was a combination of all the various audits required
as well as the City's standard audit.
MOTION: Counc1lsember Bechtel for the Finance and Public Works
Committee moved re 1984-1985 Annual Audit Services, to award the
contract to Duel of tte, Haskins & Sells in the amount of $50,600,
plus s contingency of $2,500 for 1984-1985 annual audit services
AGREEMENT
Del of tte, Haskins & Sells
City Auditor Mike Northrup said he originally intended to request
the. City Manager to transfer the money for the contract from the
City's contingent account, but was notified by the Finance
Director that it might not be possible': because of the size of the
contingent account. He would, therefore, return with a budget
amendment for the $50,600.
MOTION PASSED unanimously.
ITEM #12, TERMAN SPORTS FIELD (PWK 6-2)(CMR:262:5)
Vice Mayor Cobb said the report spoke specifically to tennis
courts and roads, he asked what was being done in terms of the
playing fields grass areas,
Supervising Engineer Jim Harrington said the playing fields would
be completed that summer, All that was being done was the hard
standing areas including the tennis courts, basketball court,
access road and the parkway.
Councils+ember Bechtel asked if there was public access between the
pathway and the playing fields at Terman.
Mr. Harrington said there was no fence. The Specific Plan pro-
vided for one opening, and the City provided another near the
Housing Corporation site so there were two access points.
Counci lmeraber Sues ri us asked if the City provided the opening at
the bridge.
Hr. Harrington said the site was currently in a construction zone
and the opening referred to by Counci lmember' Sutorius was a
construction gate. Historically, the sitehad that access and it
was intended that it continue.
56 5 8
4/22/85
Councilmember Sutcu ius hoped that to the extent there was a safety
hazard with the present opening in terms of possible harm and
liability, if a final solution awaited that evening's action, then
some temporary action was indicated to ensure there was no present
saf€ty or liability situation.
MOTION: Mayor Levy moved, seconded by Cobb, to adept the staff
recommendations as follows:
1. Authorize the Mayor to execute a construction contract with
Galeb Paving, Inc. for $213,759 including the base bid and
supplementary bids A and B;
2. Authorize the Mayor to execute a change order for $21,650 with
the engineering design firm of Wilsey i Ham, for construction
administration services; and
3. Authorize staff to execute change orders for the construction
contract and consultant change order of up to $35,000.
AWARD OF CONSTRUCTION CONTRACT
Sraleb Paving, Inc.
APPROVAL OF CONSULTANT AGREEMENT CIAMGE ORDER
Wilsey & Naar
Councilmember Fletcher said staff recommended the width of the
path be reduced from five feet to four feet to discourage
motorcycles and heavy pedestrian usage. She doubted there would
be heavy pedestrian usage because there was not that much at the
other end, and motorcycles could be blocked by putting a bollard
at the end of the path,
AMENDMENT: Councilmember Fletcher novel, seconded by Renzel,
that the width of the path be four feet rather than five feet.
Councilmember Fletcher said if two bicycles happened to be going
in opposite directions, there was at least a chance of not hitting
each other.
Mr. Harrington said staff arrived at the four feet after much
debate and public mee stings. Some elements of the community
clearly wanted the paths and others were strongly against it.
Staff tried to isolate the reasons for opposition and it was aimed
at the concerns of motorcyclists and other noise activities.
During the study session with the community, it was believed that
if the path were reduced f ro n five feet to four, it would have the
effect of throttling down overuse of the area and perhaps give
recognition to the neighborhood. It was compromise of different
elements, and he believed • four feet would receive approval from
the community.
Councilmember Sutorius asked if the proposed path would be immedi-
ately adjacent to the present 15 -inch concrete planting strip
along that residential area which separated the shrubbery area
from the lawn area.
Mr. Harrington said that was correct. The pathway would be imme-
diately adjacent and as it passed parallel to the creek, the
original pl anus called for the path to be some two ; feet away from
the new fence line. Staff recommended the path be. Droved closer to
the fence.
Councilmember Sutorlus would not support the amendment because he
believed tie work in the neighborhood and the nature of the con-
sultations needed to be respected. A four -foot width would be.
sufficient for reasonable access. If on those occasions where
there might be a ,bicyclist and :a pedestrian potenti al ly. in con-
flicts -there were places =for a pedestrian to stand aside if neces-
sary
or for some courteous action.
Councilmember K
asked if, in
sense.
Mr. Harrington
Councilmember
rier to preve
Mr. Harringt
path --it was
to stroll a
Mayor Levy
path would
pathway wo
of town.
Mr. Harri
the neigh
much for
way ext
need for
Mayor L
believe
since
paths
that f
.j e c t
Counc
four
an
desi
mak
up
Go
in
p
h
1i
lein understood the reasons for the compromise, but
staff's professional judgment, those reasons made
saw no problemwith the reduction to four feet.
Woolley asked if consideration was given to a bar-
nt motorcycles from using the path.
on said staff did not consider the path to be a bike
considered to be a pedestrian path for the neighbors
d gain access to the Hetch Hetchy area.
said it l ooeed like the only people who would use the
be members of the neighborhood and that the existing
uld be as convenient for those coming from other parts
ngton said that was correct. There was a strong need by
borhood to use the path for walking purposes and not so
cycling. Acknowledging that the Hetch Hetchy right-of-
nded through to Arastradero Road, there was sufficient
bicycle access.
evy would reluctantly not support the amendment because he
d Council should recognize the desires of the neighbors
it seemed to be a neighborhood path. Generally, he believed
should be designed for the broaoer community and it appeared
our feet would be satisfactory for the purposes of the sub -
path.
i lmember. Renzel supported the amendment because even though
feet might be alright, being that close to the fence made it
nccmfortabl a path for people to walk on and the City should
gn paths for their purpose. In the subject case, it seemed to
e sense to let the paved part be free of people having to bump
against a fence in order to move.
uncilmember Fletcher pointed out it was a publicly -funded path
a public area. If it were privately funded and on private
roperty, she would lean towards going along with the neighbor-
ood. Since it was a public path, there was a safety issue
nvolved.
AMEMDMEST FAILED by vote of 2-7, Renzel , Fletcher voting
MOTION PASSED unanimously.
ITEM #13, BANNER COMPETITION (PWK 2-9)(CMR:256:5)
Director of Arts and Sciences Leon Kaplan commented that provided
Council adopted the staff recommendations, the City Attorney
advised the proposed guidelines for the banner competition should
include language to prohibit the use of religious symbols due to
the City's dollar involvement i n . the competition.
Councilmember Witherspoon said the idea was wonderful. From
reading the guidelines; it was not easy to recognize that an
artist would submit a colored cardboard design of a banner of a
certain size, and the banner itself would be made up by a profes-
sional flag maker. If a certain color blue was designated in a
design and was believe to be an intrical part, there was no guar-
antee the flag maker -"would have ,that color blue in his nylon'
repertoire. What might be effective in a water color sketch of a
banner design could be dumb looking when sewn up as a flag since
nylon colors were sometimes daring. Regarding eligibility, she
asked about ``mid -peninsula." If , the City wanted to encourage
participation, she suggested ,,f t not be l Tali tee geographically.
She believed one _ or two designs per artist was plenty.
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Mr. Kaplan said that wouid.be easy to correct, and it would
broaden the competition and attract more designs.
Councilmember Witherspoon asked if the nylon banners would be the
City's property or whether they would be given back td the
artists. She understood the City would keep them and exhibit then
in future years.
Mr. Kaplan said once the banners were produced, they became the
property of the City and the merchants to be used in subsequent
years.
Councilmember Witherspoon said for the actual ten who received the
awards, both the design and the banner would belong to the City.
The City could reproduce the design in perpetuity.
Mr. Kaplan said that was correct.
NOTION: Councilmember Witherspoon moved, seconded by Klein, to
adopt the staff recommendations as follows:
to Approve the proposed project concept;
2. Direct staff to coordinate the proposed banner project and
competition with the Visual Arts Jury and the Chamber of
Commerce;
3. Authorize the Visual Arts Jury to spend up to $3,000 of Art in
Public Places Capital Improvement funds for the banner
competition; and
4. Direct staff to develop a proposed policy that will govern all
future use of banner brackets and to return to Council with
those recommendations. Further, that use of religious symbols
be prohibited and that the Council direct staff and the Visual
Arts Jury to not have a residency requirement for competi-
tors.
Councilmember Witherspoon clarified the intent was to take the ten
winning designs and repeat them in a number of banner.
Mr. Kaplan said that was correct.
Councilmember Witherspoon clarified there would only
designs.
ten
Mr. Kaplan said there was planned to be 10 designs and up to 65
banners to come from those 10 designs.
Councilmember Fletcher noted the deadline for submitting designs
was May 31, 1985, and she asked why it was such a short lead
time.
Mr. Kaplan said the draft was prepared and the dates were estab-
lished several weeks ago. Those time lines would shift to be more
realistic and provide enough time for artists to get the guide-
lines and prepare their work.
Vice Mayor Cobb asked about the admonition against the nonuse of
religious symbols. The guidelines said the design theme would be
winter holidays to include Thanksgiving, Chanukah, Winter
Solstice, Christmas and New Years._ He asked hew one dealt with
Chanukah and Christmas without religious symbol s.
City Attorney :Diane Lee said : the California Supreme Court provided
guidance. As an appropriate Easter symbol, they _ believed bunnies
were nonsectarian, but Easter crosses were sectarian. For
Christmas, the Christmas tree was appropriate, while a creche
would not be. There ere appropiel ate symbols for the hol i da,ys
which were. considered.nenretigiees.
Vice Mayor Cobb suggested the guidelines contain the Supreme
Court's distinctions.
Mayor Levy noted the distinction between the banner production and
the installation and removal. The production would be funded by
Palo Alto merchants, and the first-time installation and removal
would be part of the City's operating budget. He asked for clar-
ification that the intent was for subsequent installations and
removals to be funded by the merchants,
Mr. Kaplan said that was correct.
Mayor Levy did not support the requirement that the banner either
go up everywhere or no where. If certain merchants wanted to put
up approved banners at any time for any reason, they should be
allowed to do so. Whenever banners were up, they would be attrac-
tive for the community. He did not believe there needed to be a
massive banner project or none.
Saskia Boissevain, 410 Cambridge Avenue, President of the
California Avenue Area Development Association (CAADA), said one
of their directors worked with the Chamber of Commerce on the
project. The CAADA Board of Directors supported the project and
urged Council support of the competition. She asked about the
apparatus upon which the banners would be hung and who would
install it. In view of the deadlines, she asked if the appara-
tuses would be ready by December, 1985.
Mr. Kaplan said staff expected the banners would be ready and
installed in time for the 1985 winter holiday season. The appara-
tus from which the banners would hang were brackets- attached to
the 30 -foot utility poles and the brackets would extend three feet
six and one -quarter inches from the utility pole at a 45 -degree
angle. The banners themselves were then placed on a sleeve on the
brackets. Staff intended that the brackets would be installed by
a contract of a professional company who hung flags and banners.
Councilmember Bechtel understood the brackets were leftover from
the Soccer Olympics last summer.
Councilmember Fletcher asked if a shopping center would have the
option of producing their own banners and putting them up on those
brackets if they wanted to sponsor an art fair.
Mr. Kaplan said it was not a part of the banner project being pro-
posed, and it was an issue which would require Council direction.
The report called for guidance from the Council in establishing
guidelines for the future use of the brackets at a subsequent
time.
Councilmember Woolley worked with both groups and they were•enthu--
siastic. She believed Council would agree:. the willingness to use
their own money was evidence of their commitment to the program.
She was pleased the project was on-line for the 1985 holiday
season, and with the guidance of the Visual Arts Jury, she
believed it would enhance the .downtown shopping areas. It would
help fill a need for merchants .to have coordinated decorations,
particularly in the downtown area, and she was delighted the
Chamber of Commerce and the merchants in the City were all
involved in the project which would benefit the whole community.
She supported the motion.
NOTION PASSED unanimously.
ITEM #14 LANDFILL AND BYX8EE PARK DEVELOPMENT (PWK
5-.7)HCMR.267.5)
Councilmember Renzel said regarding the' construct) on .of a tempo-
rary access driveway, in touring the landfill, she was told there
might be a plan for _ a separate drive ail the way from the end of
238i
Embarcadero Road into the Stage L. She asked if the temporary
road would only be from the approximate entry gate to the present
dump,
Assistant Director of Public Works George Bagdon said the exact
1 i mi to would be explored during the detailed design and would be
brought before the Council as part of the site and design process.
He could not answer the question until after it was reviewed, but
staff intended to somehow separate the traffic that used the land-
fill operations and the traffic which would use Phase I of the
park. To the extent possible, staff would try not to encroach on
the area adjacent to the marsh.
Councilmember Renzel said muct of the area adjacent to the road
was marsh and some of it was upland area. She did not see a need
to separate the two kinds of traffic. The usage times were dif-
ferent and infrequent and she did not see a conflict. She hoped
any new paving would be confined to only that which was needed
from the existing road to get to the riew parking lot. To make a
redundant road between the sewage plant and the Bay was an
unnecessary intrusion which should not take place.
Mr. Bagdon understood the guidance and said staff would keep the
road within the existing right-of-way without encroaching. He
requested flexibility as to how it was done, and said staff would
return with something that did not encroach.
MOTION: Councilmember Sutorius moved, seconded by Cobb, to
adopt the staff recommendations to approve the following changes
in the Byxbee Park Master Plan:
1. A change in the two remaining stages of landfill operations,
whereby filling occurs away from the flood basin rather than
toward the flood basin; and
2. A change in the cost and scope of the first stage of park
development.
Councilmember Renzel believed staff made a persuasive case for
changing the phasing of the dump. She recognized it would also
place the Council in a position of having to make a decision
sooner about whether to go higher on the highest stage of the
dump. In taking the tour of Phase I of the landfill, she realized
anyone wanting to use it needed crampons and an ice axe to climb
the mountains and there was little flat space on the entire Phase
I for people to enjoy or provide any semblance of a natural
habitat for wildlife. It seemed the City created many acres of
relatively useless land except for maybe growing some wild.
grasses. She suggested that Council might need to reevaluate the
configurations proposed for Phases 11 and III to see about
lowering the altitude to a more uniform terrain. She believed it
was a waste of a public land resource to have the steep hillsides
and pinnacle -like, knife-edge ridges. The City needed to look at
whether it created meaningful land when the landfill was finished.
It might be that they could get increased capacity with a simpler
landfill design that did not go as high. There might be some.
opportunity to greet several important criteria for the area
without creating a real "Mt. Trashmore."
MOTION PASSED unanimously.
Councilmember Fletcher said the electric utility put much staff
ti me and effort into cutting down on the power usage -and it would j
be ,cost-effective to, have some concentrated effort in the
recycling ng area.. She suggested someone on board who could spend
time as a volunteer coordinator to set-up a block captain 'system
like that which existed for crime reduction. She knew there could
-be more, participation than that being experienced. It was espe-
cf al ly true f n the multiple-famf ly units. Sufficient vol unteent
could be recruited from all thesecomplexes and nel ghborhoods to
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X5/13/85
periodically inform neighbors of the recycling programs. She
bel iee ed it would provide hetter results in cutting down on the
waste stream. She hoped staff would consider her suggestion when
putting the budget together.
Mayor Levy said the point was well taken.
ITEM #15, REQUEST OF COUNCILMEMBER WOOLLEY RE EXTENSION OF
DEMOLITION' MORATORTURM 225 HOI1ER (PLA 7-3)
Councilmember Woolley originally intended to make a motion to
extend the demolitionmoratorium to June 3, 1985, if the applicant
succeeded in acquiring the lot. When she wrote the memo, she
believed the building could not be demolished since it was a resi-
dence until a building permit was issued. She learned that was
not the case because the building on Homer qualified as a public
nuisance and a health hazard. It was at the discretion of the
building inspector whether to issue a demolition permit, which
could be done without having already secured a building permit.
MOTION: Councilmember Woolley moved, seconded by Renzel, as
follows:
1. Staff be directed not to issue a demolition permit for 225
Homer until the building period has been obtained; and
2. Staff be directed to act immediately to have the weeds and
debris removed from the front and side yards.
Councilmember Woolley said she had a conversation with Fred Herman
and asked him how he would treat the case. He preferred to have
Council direction rather than leave it to his discretion because
it was a property about which Council was concerned. Council was
concerned about the condition of the property and she believed it
was also important to take care of the weeds and debris.
Mayor Levy clarified that City staff was not expected to take care
of the weeds, but rather the property owner.
Councilmember Woolley said that was correct. She intended for the
normal process to be followed. If the property owner did not com-
ply, the County weed abatement ordinance would be used.
Councilmember Klein recalled that Council passed something similar
to the second part of Counci l member fool l ey' s motion when it heard
the PC application on the property a few weeks ago.
Councilmember Woolley said Council's action was or February 25,
and the exact wording was that "the building be kept in a safe,
healthful and respectable condition." She clarified that Council
referred to the existing building. Air. Brown spoke in terms of no
litter over the sidewalk, but nothing had happened probably
because of the anticipated demolition and redevelopment. She
believed it needed to be said again to make it clear that Council
wanted it cleaned up prior to the new project.
Vice Mayor Cobb clarified that the motion got Council into the
permit question and he asked if it was consistent with the ordi-
nances on preserving historical structures.
Mr. Zaner said . the motion was consistent with the City's proce-
dures. Council had the authority to have a moratorium on the
demolition period.
Councilmember Klein asked that the motion be divided for purposes
of voting because he opined that it was bad procedure for Council
to pass the same motion twice. He would not support the second
p;irt of the motion.
MOTION DIVIDED FOR. PURPOSES OF VOTING
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4/22/85
Ken uarrow, 742 Sutter, was interested in moving the house at 225
Homer. He resided in Palo Alto since 1974 and eight of those
years he lived in a 1905 house in the north Palo Alto area. He
spent several hundreds of dollars in attorneys fees working up a
real estate contract with the necessary contingencies and a con-
tract to transfer ownership of the house. He and his family
intended to live in the house after renovating it. The house was
in a proper condition to be moved and an advantage was its narrow
width. Regarding whether the house should be condemned as a
health hazard, it was important to distinguish between the house
at 225 Homer and the associated two houses on the corner and their
outbuildings. The other.houses were in much worse condition, and
the outbuildings were collapsing. The 225 Homer house was in
relatively sound condition. It had not been painted outside in
about 20 years, there were weeds about knee high, and there was
nailed plywood on the door which made it an eyesore. It looked to
be in worse condition than it was. He believed the house was in
fairly sound condition and was not a health hazard. As long as
the house was not condemned, he had time to move it without
delaying construction on the part of the developer. If a delay
was necessary in the future, it should only he for a few days. If
the City wanted to see historic houses saved, it was important to
provide enough time for someone to put together the necessary
pieces of the puzzle in order to make the move.
Earl F. Schmidt, 201 Homer, said his house was immediately adja-
cent to 225 Homer. He supported Mr. Darrow's approach, and was
pleased that someone was interested in preserving an historic
building in the City of Palo Alto. The building at 225 Homer was
a unique piece of architecture and until it was vacated, it was
continuously occupied by the same Chinese family or their descen-
dents. It was a distinct Chinese Delta home, which buildings were
erected throughout the Delta and California wherever Chinese set-
tled and established their businesses. Regarding the' fact that no
one wanted a "dump" in his or her jurisdiction, he had lived next
to a disgraceful condition, which existed since early 1979.
Nothing was done about it except a trimming of the sidewalk one
year ago. Conditions became steadily worse, and specifically
since Council's action on February 25, the developer felled an old
Oak tree immediately after passage of the ordinance on the prop-
erty. He understood that no permit was given, and it fell par-
tially through the top of one of the buildings. There was less
than one foot of walking space on the sidewalk and a child an a
tricycle would not be able to get under the tree which existed
between 744 and 748 Ramona. In addition to fronting a number of
prestigious businesses, Homer Avenue was the main egress for
people leaving the Palo Alto Clinic. It was "one-way," and the
"dump site" was a blot on the City of Palo Alto for approximately
two and one-half years. He believed the problem could be readily
handled by two kids or a man with a dump truck. City staff was
unable to cause the developer to conform to the original require-
ments of Council's PC zone which were violated and then reinstated
in 1979. The ordinance Council passed on February 25 became
effective on March 26, and called for "prior to removal of
existing structures at 748 Ramona and 225-231 Homer, the developer
shall maintain the properties in a safe and respectable condi-
tion." He pr~eviouslyi put his comments in writing, spoke to the
City Manager and City .Attorney. He requested Council action to
clean up the "dump site" in downtown Palo Alto at the corner of
Homer and Ramona.
Carolyn George, 3501 Murdock, Chaired the Historic Resources Board
(HRB) , which was charged with preservation of some of the City's
old buildings....... The house at 225 Homer was a Class II and
charming. The HRB rOquested the developer advertise the avail-
ability of the property, and Mr. Darrow put many hoursinto saving
the house. Due to time constraints, the HRB was unable to.. offi-
cially act on the house, but there was unanimous support on its
behalf to save the house with a moratorium on demolition of the
house at 225 Roarer.
Mr. Zaner said staff was instructed by Council to see the property
was well maintained. Staff would take steps the next morning to
cite the owner. The matter would require a court order to get the
property cleaned properly,
FIRST PART OF MOTION PASSED unanimously.
Councilmember Fletcher asked if staff would take action the next
morning regardless of whether Council passed the motion.
Mr. Zaner said yes.
Councilmember Renzel said based on the extreme action that would
have to be taken on the matter, she hoped staff would ensure that
a corner -building bulldozer did not take 225 Homer.
Mr. Zaner did not anticipate a problem and said staff would be
specific about the clean-up work.
Councilmember Bechtel said regarding the redundancy of the second
part of the motion, it might be true, but she believed Council
needed to reemphasize the urgency of the situation. She agreed
with Mr. Schmidt and she did not know how he had the patience to
put up with the problem. It was terrible, and she agreed there
was no way to get through the sidewalk. She urged that Council
support the second part of the motion as an indication of the
urgency involved.
Mayor Levy would not support the second part of the motion as it
was redundant and needless legislation, but strongly supported the
City Manager's actions for the following morning.
SECOND PART OF MOTION PASSED by a vote of 5-4, Fletcher, Klein,
Sutorius, Levy voting "no:"
ADJOURNMENT
Council adjourned to a Closed Session re Litigation at 10;10 p.m.
REPORT OUT OF CLOSED SESSION
ITEM #I6, RESOLUTION RE LITIGATION (LEG 7-3)
MOTION: Councilmember Bechtel moved, seconded by Cobb, approval
of the resolution.
RESOLUTION 6373 entitle! "RESOLUTION OF THE COUNCIL OF
Tar Cite OF PALO ALTO APPROVING A CONTRACT FOR ELECTRIC
SERVICE BY AND NETWEEN TIE UNITED STATES DEPARTMENT OF
ENERGY, NESTERM AREA POWER ADMINISTRATION, CENTRAL
VALLEY PROJECT CALIFORNIA, AND THE Cd_TY OF PALO ALTO
TOGETHER WITH AMEMOMENTS CLARIFYING PALO ALTO'S INTENT
TO SEEK CLARIFICATION OF THE MEANING OF THE SANTA CLARA
MOTION PASSED unanimously.
FINAL ADJOURNMENT
Final adjournment at 10:30
ATTEST:
APPROVED:
1
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