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HomeMy WebLinkAbout1981-02-09 City Council Summary MinutesCITY COUNCIL MINUTES CITY OF PAl0 ALTO Regular Meeting February 9, 1981 Item Page Oral Communication 6 5 8 Minutes of November 17, November 24, December 1, 1980 6 5 3 Confirmation of Appointment of Four Visual Arts Jury Merbers 6 5 8 Procedure for T1ppointment to Fill Councilmember Frances 6 5 9 Hallam Brenner's Term Consent Calendar 6 5 9 Reclamation of Waste, Grease and Oil as a Supplementary 6 6 0 Fuel Source for Sludge Incineration Contract Letter of Interest - Federal Grant 6 6 0 640 Forest Avenue - Final Subdivision Map 6 6 0 Request for Approval to Accept State Funds for Federally Funded 6 6 1 Housing Improvement Program Cable Television - Ownership Alternatives 6 6 1 Public Hearing: 124 University Avenue, Tentative Subdivision 6 6 2 Map, Application of AK Properties Public Hearing: Veteran's Memorial Bui) d;ng Rehabilitation 6.6 2 27 University Avenue, Change of District, Application of 6 6 3 William Cox, Jr. North County Community Legal Services Office 6 6 3 Visual Arts Jury Ordinance 6 6 3 European Health Spa Parking 6 6 4 Lease -Ventura School Site -and Renewal of Community Wing 6 6 5 Rengal of College Terrace Library Oncellation of February 17 Council Meetin Executive Session re Personnel Final Adjournment NOTE: ACTION MINUTES - NO 1APE OF HE MEETING AVAILABLE 6 6 6 6 6 6 6 6 6 6 5 7 2/9/81 NOTE: ACTION MINUTES - NO TAPE OF THE MEETING AVAILABLE Regular Meeting February 9, 1981 The City Council of the City of Palo Alto met on this date at 6:30 p.m. in a Study Session re ABAG - Downtown Retail Stores and Commercial Offices - in the Council Conference Room, and :n a Regular Meeting at 7:45 p.m., Council Chambers, 250 Hamilton Avenue, Mayor Henderson presiding. PRESENT: Bechtel, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Witherspoon ABSENT: None Mayor Henderson announced that the Council would hold an Executive Session re Personnel at the end of the meeting. ORAL COMMUNICATIONS 1. Mary Macur, 1520 Willow Road, spoke ebout sexual harrassment at Oak Creek Apartments. 2. Stuart S offer, 910 Webster Street, spoke about the one year lease offer. APPROVAL OF MINUTES OF NOVEMBER 17, 1980 Mayor Henderson' referred to page 456 and asked that the worn "Council" in the motion on that page be changed to "Councilmembers" and that in the last paragraph "15 years" be changed to "13 years." MOTION: Councilmember Witherspoon moved, seconded by Fazzino, that the minutes of November 17, 1980 be approved as corrected. The motion passed on a unanimous vote. APPROVAL OF MINUTES OF NOVEMBER 24, 1980 Councilmember Witherspoon referred to page 464, 3rd paragraph from the bottom, second sentence, and asked that the word "to" be inserted so that the sentence read, "...to move dirt from the point to cap the dump..." MOTION: Vice Mayor Fletcher moved, seconded by Witherspoon, approval of the minutes of November 24, 1980 as corrected. The motion passed on a unanimous vote. APPROVAL OF MINUTES OF DECEMBER 1 1980 MOTION: Councilmember Fazzino moved, secoAded by Witherspoon, approval of the minutes of December 1, 1980.. The motion passed on a unanimous vote. CONFIRMATION OF APPOINTMENT OF FOUR VISUM. ARTS J 2Y MEE'l6ElIS On February 2, 1981, the City Council accepted the'recommenda- tions of Counciimembers Witherspoon, Levy, and Eyerly,that the VAJ membership be expanded from five to seven positions, naming the following four persons from the list of eleven 6 5 8" 2/9/81.: applicants to fill the two current vacancies,- plus the two new positions which are to be added: Ruth Braunstein, John D. Hancock, Tom 'Hickey and Mary Jean Place. Their 'terms would be as follows (chosen by lot): Ruth Braunstein - 4 year term commencing immediately John D. Hancock - 4 year term commencing immediately Mary Jean Place - 4 year term commencing March 25, 1981 Tom Hickey.- 3 year term commencing March 25, 1981 The ordinance expanding the membership of. the VAJ will be before Council on February 9 for first reading and, assuming second reading on February 23, will become effective March 25, 1981. MOTION: Councilmember Witherspoon moved, seconded by. Fazzino, approval of tI'e terms as outlined above. MOTION PASSED: The motion passed on a unanimous vote. PROCEDURE FOR APPOINTMENT OF tOUKCILMEMBEI 1-C FILL R' S TERM MOTION: Mayor Henderson moved, seconded by Renzel, to vote on the appointment on February 23 and, as a policy, not to have formal interviews. MOTION PASSED: The motion passed on the following vote: AYES: Bechtel, Eyerly, Fletcher, Henderson, Levy, Renzel NCES:. Fazzino ABSENT: Witherspoon (out of Chamber's) Councilmember Bechtel urged the five new candidates (those who were not applicants to Byron Sher's unexpired term) to contact Individual Counrilmembers. CONSENT CALENDAR Referral None Action Councilmember Levy requesteJ that the item regarding the Lease - Ventura School Site and Renewal ...of_,Community Wing Rental of College ferrace Library be removed from the consent calendar. Mayor Henderson said he would remove the.. item'iegarding North Ce:.inty Community Legal Services Office at the request of a member of the public Councilmember Renzel removed the Planning Commission recommenda- tion regarding 27 University Avenue to be heard •with the Public Hearing on the Veteran's Memorial Building Rehabilitation. The foil, wingitems remained on the Consent Calendar: RECLAMATION OF WASTE GREASE AND SOURCE FOR satTOTTMTErrnriretrn Staff recommends that the City Council authorize the Mayor to execute the contract with Power Anderson Incorporation in the amount of $225,916 and approve the budget amendment to appropriate $225,916 from .the Sewer System Improvement Reserve Fund to finance the project. CONTRACT -SCUM HANDLING IMPROVEMENTS, INCLUDING SCUM PIPING AND EQUIPMENT Power -Anderson, Inc. ORDINANCE 3260 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1980-81 TO PROVIDE FUNDING FOR THE CONSTRUCTION OF A WASTE, GREASE AND OIL RECOVERY SYSTEM AT THE WATER QUALITY CONTROL PLANT AND TO PROVIDE FOR RECEIPT OF REVENUE" LETTER OF INTEREST - FEDERAL GRANT Staff recommends that the Council approve the Resolution authorizing the submittal of a "lett. r of interest" to the U.S. Department of Transportation for a Transportation System Management project, in accordance with the requirements of the Federal Register guidelines. The procedural deadline for this "letter of interest" is February 12, 1961, and the "letter of interest" in no way binds or obligates the City to go forward with a project. RESOLUTION 5876 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE SUBMITTAL OF A LETTER OF INTEREST REGARDING THE UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING PROGRAM FOR PARKING AND TRAFFIC MANAGEMENT AND TRANSPORTATION SYSTEMS MANAGEMENT" MOTION: Councilmember Fazzino moved, seconded by Fletcher, approval of the Consent Calendar. MOTION PASSED: The motion passed on a unanimous vote, Councilmember Witherspoon absent (but of the Chambers). 640 FOREST AVENUE - FINAL Z Cont d From 1/19/81) MOTION: Councilmember Renzel moved, seconded.by Fazz:ino, approval of the final map. MOTION PASSED: The motion passed on the following vote: AYES: Bechtel, Eyerly, ,Fazzino, Fletcher, Hen'de'on, Levy NOES: Renzel ABSENT: Witherspoon (out of the Chambers) 11. 6 6 0 2/9/81 REOUEST FOR APPROVAL TO ACCEPT SIITEMTM F it 1-113 11TED TRYSTITTM7MMITrIMMTR"Trfflr:126:1 ) on i nue rom / MOTION: Councilmember F•azzino moved, seconded by Fletcher, approval of the Resolution authorizing the City Manager or his designated representative to sign the standard agreement forms to accept up to $50,000 from the State of California Community Development Deferred Payment Rehabilitation Loan Program. RESOLUTION 5877 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING THE EXECUTION OF THE STANDARD AGREEMENT AND OTHER DOCUMENTS TO SECURE DEFERRED PAYMENT LOAN FROM THE STATE OF -CALIFORNIA' MOTION PASSED: The motion passed on unanimous vote, Councilmemher Witherspoon absent. CABLE TELEVISION OWNERSHIP XrirrnurrrTrrintir17777---- (Conti="Trom 2/2/81) MOTION: Councilmember Levy moved, seconded by Renzel, that Council: 1. Authorize the staff to place a moratorium on the licensing process now being conducted; 2. Authorize staff to retain a consultant(s) to conduct engineering and financial feasibility studies, and to bring the results along with staff recommendations back to Council within six months. ORDINANCE `3`261 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OFPLO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1980-81 TO PROVIDE FUN9S TO CONDUCT A CABLE T.V. ENGINEERING ANC FINANCIAL FEASIBILITY STUDY FOR MUNICIPAL OWNERSHIP" As an addition to his motion, Councilmember Levy asked that the report, if feasible, include recommendation to insure that users of Cable TV have available to them broad p ogram content: (Councilmember Witherspoon returned at 8:15 p:m.)_.; Rob Elmore, 1540 Oak Creek Drive, •#402, supported City administration of CATV and Councilmember Levy's statement.', re censorship of content. Alison Lee, 1241 Harker Avenue, s id that as Chairman of _:the'. Standing Committee on Arts and Sciences, she wanted... to say that the art community was very interested in the, CATV issue. One of the greatest ways of avoiding censorship o'r control is active community involvement,, She supported the proposal. Nancy Same' son, 841 Esplanade 'Way, ,Stanford;:- said she was a Palo Alto Co-op, Boardmember - and served on the Ad Floc Committee on CATV. She_ felt that,.oWners/viewers should make the decisions on whatshould be on CAT.V.. 6 6.1 29/81 Don MacQuivey, 743 Gallen Avenue, urged the Council not to adopt a moratorium on its CATV licensing process, He summarized his comments contained in his statement of February 9, 1981 (a copy of. which is on file i,, the City Clerk's Office). MOTION PASSED: The motion to approve the staff's recommendation as amended, and adopt the ordinance passed an a unanimous vote. PUBLIC HEARING: 12 TTY' AVENUE IMITATIVE SUBDfVISTUN MAP ArPriTITTarlYra ilMiritn ES Mayor Henderson opened the Public Hearing. There being no speakers from the public, the Public Hearing was declared closed. Vice Mayor Fletcher asked if the project was a condominium conversion and Mr. Schreiber replied that it was not. Chuck Kinney, representing AK Properties, 125 University Avenue, said that the intent was to provide retail on the first floor. Councilmember Renzel said she shared the Planning Commission view on the parking problem. MOTION: Councilmember Fazzino moved, seconded by Witherspoon, approval of the Planning Commission recommendation for approval of the application of AK Properties\for a Tentative Subdivision. Mao for property located at 124 Uni ersity Avenue. MOTION PASSED: The motion passed unanimously. PUBLIC HEARING: VETERAN'S MEMORIAL ITITTITTIT Mayor Hi, Jerson opeAed the Public Hearing: There being no speakers: Torn the public, the Public Hearing was declared closed. MOTION: Councilmember Witherspoon moved; seconded by Fazzino, adoption of the budget amendment ordinance and resolution certi- fyiny' partial cancel ation 6'f a4portion'of the agricultural preserve and approval of the ordinance removing a portion of El Camino Park from dedicated' parkland for first reading. RESOLUTION 5878 entitled "RESOLUTION OF -THE. COUNCIL OF THE CITY OF PALO ALTO CERTIFYING CANCELLATION OF A PORTION OF AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO::, TO PERMIT RESTORATION OF THE VETERANS' MEMORIAL BUILDING'(LELAND STANFORD JUNIOR UNIVERSITY)" ORDINANCE 3262 entitled "ORDINANCE OF THE COUNCIL OF THE tLTY OF PALO ALTO AMENDING THE BUDGET FOR THE .FISCAL YEAR 1.980-8.1 TO ESTABLISH CAPITAL IMPROVEMENT PROJECT NO, 80-92 "VETERANS' MEMORIAL.. BUILDING AGRICULTURAL PRESERYE'CANCELLATION" TO PROVIDE FUNDING FOR A PARTIAL CANCELLATION OF THE AGRICULTURAL PRESERVE TO PERMIT RESTORATION OF THE VETERANS' MEMORIAL BUILDING" 6 6 2 2/,9/81 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTI ,N 22.08.230 OF THE PALO ALTO MUNICIPAL CODE TO REMOVE, A PORTION OF EL CAMINO PARK IN ACCORDANCE WITH THE NOVEMBER 1979 VOTER ADOPTED MEASURE (First Reading) MOTION PASSED: The motion passed or, a 'unanimous vote. 27 UNIVERSITY AVENUE tHANGE—UTD I STRTC1 MrrtirMIN—CMITralAM COX, JR. MOTION: Councilmember Witherspoon moved, seconded by Fazzino, approval of the application of William Cox, Jr., for a change of district for property located at 27 University Avenue from P -F to P -C, and approval of the ordinance for first reading. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 27 UNIVERSITY AVENUE FROM P -F TO P= -C (First Reading) MOTION PASSED: The motion passed on a unanimous vote. NORTH COUNTY COMMUNITY LEGAL Jean McCown Hawkes, 527 Seale Avenue, as Chairman of the Legal Aid Committee of the Palo Alto Bar Association spoke re legal. services office and continuation of the Palo Alto office. Michael Flicker, 235 Walter Hays Drive, President of the Palo Alto Bar Association, expressed his appreciation for Council's efforts. and support. MOTION: Councilmember Renzel moved, seconded by Levy, approval of the Resolution requesting that the North County Community Legal Services Office not be terminated and be continued at the current level. RESOLUTION 5875 entitled "RESOLUTION OF THE COUNCIL OF THE CITY or PALO ALTO REQUESTING THAT THE NORTH COUNTY COMMUNITY LEGAL SERVICES OFFICE NOT BE TERMINATED AND BE CONTINUED AT CURRENT LEVEL" MOTION PASSED: The motion passed on a unanimous vote. VISUAL ARTS JURY MOTION: Councilmember Levy moved, seconded by Renzel,,approval of; the -Ordinance regarding_ membership and term of office for the "Visual' Arts Jury for first'_. reading. ORDINANCE OF ,THE COUNCIL ,OF THE CITY OF PALO ALTO AMENDING SECTION 2.18.010 AND SECTION 2.18.040 OF THE PALO ALTO MUNICIPAL CODE REGARDING .MEMBERSHIP AND TERM OF OFFICE FOR THE VISUAL ARTS JURY (first Reading) MOTION PASSED: The motion passed on a unanimous vote. EUROPEAN HEALTH SPA PARKING (CMR:153:1 & CMR:147:1) Councilmember Witherspoon asked the cost of the project. Mr. Zaner replied that if the Council ultimately decides to go forward with a permanent plan, as much as $16,000 may be needed annually, depending on the level of enforcement required, to successfully sustain the plan. Mayor Henderson asked about parking permits. Carl Stoffel, speaking for the Superintendent of Revenue Collections, replied there could be one kind of permit for residents' cars and another for residents or their guests. If there were any more issued, they would have trouble keeping control. Mr. Abrams added that the problem stems from European Health Spa parking in neighborhoods. Councilmember Bechtel asked about bike racks. Mr. Stoffel replied that they weren't in place yet. Some people liked the racks and some did rot. Mayor Henderson asked if the neighborhood had been involved in the plan. Mr. Stoffel replied that a neighborhood meeting had been held; ten persons attended, mostly from Park Boulevard and Leland. Councilmember Fazzino said he thought staff had done a good job on this issue. He asked if there was anything else the Spa can or will do? Mr. Stoffel replied that the Spa was willing to cooperate to a certain point. Mr. Zaner said he felt the staff had provided the best solution possible in a 30 day period. He agreed that solving this problem creates another set of problems. Eric Richert, 535 Ramona Street, #27, said he was representing the owner, Ernest F. Weeks, and expressed some disappointment at the neighbors' position. - Mayor Henderson asked if the Spa had adequate on-sit parking. Mr.-Stoffel replied that at the time the building was built it did. Audrey.Poulter, 1731 Park Boulevard, said she felt residents on Park Boulevard will nnt sell permits to non-residents, She felt the location of the Spa was an issue. Corinne Powell, 302 College Avenue, supported the staff's position and urged a h0-90 day trial period. She said that the violation of the permit zone is created by patrons. Councilmember Eyerlysaid he could not support the trial'' period. Councilmemoer Bechtel said she was concerned about the 140 residents who did not come to the meetitg. Residents have said that the Spa management Nis not :made concerted efforts. to resolve he problem. She noted that the City of Palo -Alto could not set the parking. fire. Mr. Stoffel said that local and regional managers of the 'European F,ealth Spa were mailed copies of the staff report. Councilmember Fazzino suggested that they rvalt thirty days before implementing the staff recommendation's and during that time be sure: that all neighbors are contacted. - MOTION: Councilmember Fazzino moved, seconded by Bechtel, to accept in principle the staff recommendations but that there be a thirty day delay in which staff would notify residents and urge the European Health Spa to respond and explore other alternativesdiscussed at this meeting. SUBSTITUTE MOTION: Councilmember Eyerly moved, seconded by Levy that Council not go on record as approving the staff recommendatiors in principle, but that staff continue to explore some of the issues reised at this meeting. Mayor Henderson urged that Council reject the substitute motion; he would like to go ahead with Councilmember Fazzino's proposal. Councilmember Bechtel said she agreed and would like to see what staff can do in the next 30 days. SUBSTITUTE MOTION FAILS: The substitute motion failed on the following vote: AYES: Eyerly, Levy, Witherspoon NOES: Bechtel, Fazzino, Fletcher, Henderson, Renzel ABSENT: None MOTION PASSED: The motion passed on the following vote: AYES: Bechtel, Fazzino, Fletcher, Henderson, Renzel NOES: Eyerly, Levy, Witherspoon ABSENT: None LEASE-VENTURA SCHOOL SITE -AND irmincrTrVIRRINTTTITTWITITTAL OF OL .EGUT A E t illtriteWri44:1) Councilmember Levy said he would like to see a -statement of" total operating costs of the property. MOTION: Councilmember Levy moved to table the discussion and that staff present data on operating costs of the Ventura School. • The motion died for lack of a second. MOTION: Vice Mayor Fletcher moved, seconded by Fazzino, that the Council authorize the Mayor to execute the lease with-PACCC for their use of/the Ventura School -Site and continued use of a portion of the College Terrace Library. - Councilmember Fazzino saidhe-was pleased with the report: AMENDMENT:=-Councilmember Eyerly moved that the_Council approve the lease for up to five years contingent upon staff approval." The amendment died far .a lack of "a second. MOTION PASSED: The motion to approve the staffrecommendations pasted on a 7-0 vote, Councilmember Levy abstaining. 6 6 5 2/9/81 CANCELLATION OF FEBRUARY 17 COUNCIL MEETING MOTION: Counciiciember Fazzino moved, seconded by Fletcher, that the Regular Council Meeting of February 17 be cancelled. The motion passed unanimously. - EXECUTIVE SESSION RE PERSONNEL The Council adjourned to Executive Session re Personnel at 10:15 p.m. FINAL ADJOURNMENT the Council meeting of February 9, 1981,. adjourned at 11:00 ATTEST: APPROVE: p.m.