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HomeMy WebLinkAbout1979-02-20 City Council Summary MinutesRegular Meeting February 20, 1979 ITEM Oral Communications Consent Calendar - Referral Items Council Response to Post Commission Report and Various Finance Related Proposals --Referral to Finance and Public Works Committee Consent Calendar - Action Items Ordinance Amending Section 2.04.030 of Palo Alto Min, cipal Code re Executive Sessions Rinconada Pool Renovation Pressure Grouting, Award of Bid Parking Lot C-5 Reconstruction Resale of Electric Power by Buena Vista Mobile Home Park Pali -y for Reimbursable Travel, Conference and Miscel- laneous Expenses 1110 3iaverley Street --Denial of Miscellaneous Division of Land ---Appeal of James and Joyce Hoey 1. 187-189 Bryant Street - Change of Zone From RM-1 To [ 2 - Application of Robert W. Medearis, H.C.C. Inc. c. 197 Bryant Street - Change of Zone From RM-1 to RM-2 Application of Robert and Marguerite Fletcher 4346 El Camino Real - Application for Final Condominium Subdivision Map by Gerald Markoe Resolution of Appreciation to Jay Thorwaldson Public Hearing: Williamson Act Contracts - 1) Harry Airae; 2) Mr, and Mrs. De Ri jke 3900 Middlefield Road - Zone District CS - Application for Site and Design Review Shell Oil Company (Continued to March 19) 2197 East Bayshore Road - Rezoning from Zone District LM(D) to GM - Application of Holvick Family Trust Planning Commission Recommendation re Joint City -School District School Site Planning Stay Golf Pro Contract Amendment Change in Dump Pass Procedures PAGE 5 1 8 518 518 518 518 5 l 8 518 519 519 519 519 519 519 520 520 520 5 5 5 21 26 29 Sit, 516 2/20/79 ITEM (Continued) PAGE Councilmember Fazz;no re City Support for Comprehensive School Fi nan,:e Bill 5 3 0 Mayor Carey re Senate Bill 8 5 3 0 Oral Communications 5 3 0 Adjournment 5 3 0 Adjournment to Executive Session re Litigation Matters 5 3 0 517 2/20/79 L. Regular Meeting February 20, 1979 The City Council of the City of Palo Alto met on this chambers at 7:30 p.m., Mayor Carey presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino, Sher, Witherspoon ABSENT: None ORAL. COMMUNICATIONS None CONSENT CALENDAR date in the Council -- Fletcher, Henderson, Mayor Carey removed Item 7, concerning denial of the application of the Holvick Family Trust for a rezoning of property at 2197 E. Bayshore Road from Zone District LM(D) to GM. Cour;cilmember Fazzino asked that Item 11 concerning a Planning Commission recommendation on Joint City -School District School Site Planning Study be removed. The following items remained on the Consent Calendar: Referral Items COUNCIL RESPONSE TO POST COMMISSION POMMIC ITTITITNITTErM The Post Co+rnission report, AB -302 (Mori) and related documents, if they become law, will affect the City of Palo Alto directly and indirtctly. Staff recommends that the Finance and Public Works'Coiittee review the reports and proposed legislation with the objective of taking appropriate action in Sacramento and/or with the City's representatives. Action Items ORDINANCE AMENDING SECTION 2.04.030 OF PALO ALTO lenCIPAC 'MOE i E EX CtJTIVE ORDINANCE 3109 entitled 'ORDINANCE OF THE CIL 6F ii` CITY OF PALO ALTO AMENDING SECTION 2.04.030 OF THE PALO ALTO MUNICIPAL CODE REGARDING EXECUTIVE SESSIO1S." (First reading February S, 1979) RI NCONADA POOL RENOVATION P' OF BIO (C :152:9) Staff recommends that Council award the bid, authorizing the Mayor to execute a construction contract with Pressure Grout Company in the amount of $10,430. PARKING LOT Cu5 RECONSTRUCTION (C 8:150:9) Staff recommends that Council authorize the Mayor to execute a construc- tion contract with Bay Area Paving Company in the amount of $8,750. 518 2/20/79 RESALE CF ELECTRIC POWER BY BUENA YI'TA MOBILE HOME PArK (CMR:157:9) Buena Vista Mobile Home Park, like other mobile home parks in California, receives electric service through a master meter and resells electricity to individual .mobile homes through the use of submeters. Staff recommends that the Mayor.be authorized to sign a letter authorizing sale of power by the City of Palo Alto to Buena Vista Mobile Home Park, and that will become Amendment Number 10 to the City's contract•with the Department of Energy. POLICY FOR REIMBURSABLE TRAVEL ENSES RESOLUTION 5656 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A POLICY FOR REIMBURSABLE EXPENSES INCURRED IN THE PERFORMANCE OF A COUNCILM MBER'S DUTIES." 1110 WAVERLEY STREET --DENIAL HOEY The Planning Commission, by a 5-0 votes recommends denial of the appeal of James & Joyce Uoey from the decision of the Director of Planning to deny a miscellaneous division of land for property. located at 1110 Waverley Street, Zone District R-1. 1. 187-189 BRYANT STREET rngnermUMWNTRairRATTTORN-2 Art1CATION OF Rom -Timm H.C.C. INC. rincrornwrrunrm-1 TO RM-2 MrPtaltIrTMR3TOT AND Poi n I TE FLETCHER The Planning Commission, by a 5-0 vote, reconirends approval of the application of Robert W. Medearis, H.C.C., Inc,, for a charge of property located at 187 and 189 Bryant, and Robert and Marguerite Fletcher for property located at 197 Bryant Street, from Zone District RM-1 to RM-2. 4146 EL CAMINO REAL -- CONDOMINIUM The Planning Commission, by a 5-0 vote, recommends appeos,al of the application of Gerald Markoe for a Final Condominium Subdivision Map for property located at 4146 El Camino Real, Zone District P -C. MOTION!: Council ber Witherspoon moved, seconded by Henderson, that Council approve the ordinance and Planning Comission recommendations, adopt the resolution, authorize the contracts. The ration passed an a unaniabous voice vote. RESOLUTION OF APPRECIATION MOTION: Councilmember Fazzino introduced the following resolution and, seconded by Clay, awed its adoption by Council: RESOLUTION 5655 entitled "RESOLUTION OF THE COUNCIL f rPAL6 ALTO COMMENDING JAY THORWALDSON FOR HIS OUTSTANDING SERVICE TO THE COMMUNITY OF PALO ALTO AS THE REPORTER FOR THE PALO ALTO TIMES ASSIGNED ED TO CITY GOVER MiENT. " 51 9 2/20/79 The motion passed on a unanimous voice vote. Mayor Carey added his and Councilmembers' personal thanks to the presentation of the resolution. Jay Thorwaldsort, 245 Lytton, said he had been assigned to cover City Government in June, 1966, during which time he had not addressed • the Council as a whole at a meeting. He expressed appreciation to it, as -a body, for the resolution. PUBLIC HEARING: _WILLIAMSON ACT CONTRACTS (CMR:161:9) Mayor Carey declared that it was the time for a public hearing on the 1979 Williamson Act contract applications from Mr. Harry Aine and Mr. and Mrs. De Rijke, who each owned 10 acres off Upper Page Mill Road 3 miles above Moody Road. He declared the public hearing open. Mayor Carey ascertained that no one from the public wished to be heard on the matter, and he then declared the public hearing closed. MOTION: Vice Mayor Henderson introduced the following resolutions, and seconded by Witherspoon, moved their adoption by Council: RESOLUTION 5657 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING EXECUTION OF A LAND CONSERVATION CONTRACT (HARRY AINE) OFF UPPER PAGE MILL ROAD." RESOLUTION 5658 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING EXECUTION OF A LAND CONSERVATION CONTRACT (JOHAN E. DE RIJKE AND HUBERDINE OE RIJKE) OFF UPPER PAGE MILL ROAD." The motion passed on a unanimous voice vote. 3900 MIDDLEFIELD ROAD --ZONE DISTRICT CS Mayor Carey noted that a letter from Shell Oil had been received asking that the site and design hearing on 3900 Middlefield be continued. MOTION: Coin i l merger Sher moved, seconded by Eyerly, that Council continue the discussion on site and design review for 3900 Middlefield Road to March 19, 1979, The motion passed on a unanimous voice vote. 19�T i tYS ititE ICT 01(D) TO GM TROST Mayor Carey noted that the matter concerned a denial of application by the Planning Commission by a 4-0 vote. The applicant had informed Mayor Carey that he intended to withdraw the application and resubmit it for a P -C to the Planning Commission. Mayor Carey said that in view of the fact that another $500 fee would have to be paid for a reapplication he thought it more equitable if Council made it a referral motion back to the Planning Commission for it to consider the item as an application for Planned Community (P -C), 520 2/20/79 Councilmemher Brenner asked if the applicant had made a formal request to make the referral. Mayor Carey said the applicant would do so in a day or so. MOTION: Councilmember Brenner moved, seconded by Clay, that the matter be referred back to the Planning Commission, withethe application for P -C to be submitted within a day or so, Emily-Renzel, Chairwoman for the Planning had been urged in the beginning to submit analysis on the proposed project under Gib more staff time mould be involved. Commission, said that the applicant a P -C. The bulk of the staff zone had been done, and so not much Ken Schreiber, Assistant Director of Planning and Community Environment, confirmed that he would take care of the few additional details remaining. Councilmember Sher asked if Council would have to take some action if a formal request to change to P -C were not forthcoming. Would it be lively that the GM zone would go through otherwise? Roy Abrams, City Attorney, said that by Council making the referral Council would have acted. Miss Holvick would indicate if she had any objection to the proposed P -C. Mayor Carey said he had indicated that the applicant had no objection. The applicant was present at that greeting; if she had heard his presentation as being incorrect she could make correction at that time. Vice Mayor Henderson asked if the initial $500 paid in applying for the GM would cover the cost of reprocessing the application. Mr. Schreiber said that fees for average applications did not cover cost of staff work and three. The subject application had already taken more than average amount of time. The fee was $575, not the $500 mentioned earlier. Vice Mayor Henderson questioned whether or not it was equitable for the City to bear the additional cost. Counci imember Brenner said that perhaps, since staff costs were frequently quoted, the costs of this particular application should be made known. It was not known whether or not the fee schedules actually covered processing costs. George Sipe1, City Manager, said he would get a schedule of those costs. MOTI+t d TO REFER PASSED: The motion to refer back to the Planning Commission the Holvick Family Trust application for property located at 2197 E. Bayshore Road with a new P -C application passed on a unanimous vote. PLANNING COI' I SS I Ot RECOMMENDATION RE JthN1' c `Wot3L 158:9) Councilme ter Fazzino said he agreed with the stated aim of the Palo Alto School District to implement the Comprehensive Plan relating to the school site planning study. Me thought that information from the Director of Planning could well be implemented with information from the school district also. If Council decided the Cubberly High School site, for example, should remain in Open Space .it would certainly change the school district's figures so far as potential income was concerned. He thought the City/School liaison committee had been ignored too long, and that it should discuss this issue. NOT I Obi : Councilmerber Fazz 1 no moved, seconded by Henderson, that the matter of joint city -school district school site planning be referred to the City/School Liaison Committee.` Cugegil 555. 521 2/20/79 Councilmember Witherspoon said that the City would eventually be in the difficult situation of having to zone the land. She agreed with the wish to be forthright and open in the site planning. She did not know what the motion before Council asked the City/School Liaison Committee to do, and she foresaw that some money and staff time would have to be spent. It could not be known what the future use of -the Cubberley site might be, and expectations for open space and parks would be raised. She preferred waiting to see what the school district right find in its long-range planning study. The City could not buy the land, she said, unless it passed a bond issue Councilmember Sher said he would like to have the motion clarified; the Planning Commission, in the minutes, contemplated a long term planning process with the school district to determine the status of the disposition of all school sites. He assumed that that meant sites determined by the school district to be surplus, He knew the Council did not wish to be involved in a discussion an deciding which school sites were "surplus." Chairwomen Reeeel said the Planning Commission's reasoning had been that as the school district determined it was going to close sites the City would be put into a reactive position in terms of what to do with those sites. For that reason it seed wise to have some base line upon which to decide what kind of land use would be appropriate for abandoned school sites, The City had a problem when the site had already bee) closed; closure had often been from economic consideration. It was important to know what happened when a school that was tied in with the City's park system was closed. She said that staff had been interested in having the City in a pro -active stance regarding potential closed school sites and perhaps even assessing which schools might be closed, to reduce the pressure of having to arrive at hasty decisions; the process could thus be more orderly. Councilmember Sher said he was strongly opposed to involving the City in which school sites might best be closed, because that would cause a "...whole range of terrible problems. . ," and then those closures would be fought out in the City Council chancier, as well as the school board chamber. He would move an amendment at the appropriate time to limit the referral of City/school site planning to those school sites the school district had already determined to be surplus. He assumed, he said, that the motion spoke to the question of whether or not there should be long-term planning and what considerations would be planned, with the City/School Liaison Committee to sake recommendations back to the City Council and the Palo Alto School District Board. Councilmember Fazzino agreed with Cou'ul'member Sher's assumptions, saying there should be no more direction than that. He had made the motion so that the City/School Liaison Committee would be used for t purpose for which it had been chartered. AMENDMENT: Councilmember Sher moved, seconded by Clay, that the referral to the City/School Liaison Committee should relate to school sites which the school district has Already declared surplus. Vice Mayor Henderson said he thought that staff had compiled a list of all uses possible for school sates; be thought that list applied to all the schools, and he thought that was valid information. Mr. Schreiber said that in 1975 the City staff had worked with the school district school reorganization resource committee. From those meetings there had been a summary memorandum prepared by the committee. Some of the infor- metion would have to be updated. Councilmember Brenner said she thought the Planning Commission would rightly deal with the subject first; if the matter went to the City/School Liaison Committee it might prejudice the study the Planning Commission would be doing. Z/fiQ/79 ���� Mayor Carey observed that some Planning Commission members thought their work had been prejudiced by Council consideration. He knew of no legal iepediment, however, to committee considerations. Chairwoman Renzel said that as she understood the proposed motion it would simply be establishing a procedure. Councilmember Fazzino said that the City/School Liaison Committee was a point of contact between the two jurisdictions for sharing information and for more specific recommendations to be developed. -He had not wanted to compromise the role of the Planning Commission. He thought the proposed amendment was specific; he would vote for it. Mayor Carey said he would vote against the main motion and the amendment. He did not want to take anything away from the. Planning Commission recommendation. Courcilrember Witherspoon said that the City/School Liaison Committee was really a discussion group, and it was appropriate that suggestions on what to discuss could be made but the committee did not have the means to make a study, for which money would be needed. She was in favor of having the liaison committee discuss the matter, however, and report back to the City Council, when, perhaps, the possibility of a study could be explored. On tha whole, however, she did rot blink it appropriate for the committee to con- sider ether parts or the whole of the problem. Counciimember Clay said he thought the effect of the amendment would be to establish a procedure because the committee would only look at par4cals whore there had been school closure. He thought.it was frustrating to discuss procedures when the City had no authority to determine which schools would be closed, for the autonomy of the school district had to be recognized. Denny Petrosian, 443 Ventura Avenue, said she would like to have the referral made to the City/School Liaison Committee "...with the utmost speed." The committee for considering disposition of school sites was already meeting, and in mid -March that committee would have a report with recommendations for the school board. The committee had gotten word that the amount of money it would receive from sale of • the site to a developer would be limited, and so she thought the school district would want to offer the property to the City, or other governmental agency, The City was committed, in determining land use, by the Comprehensive Plan and to its programs and policies. She thought the school board had a moral obligation to involve the City in surplus site disposal, She commended the Planning Commission for its foresightedness, She thought consideration of the parks west of Alma related to Ventura and Terman schools. She thought it would be wise to set some policy on what City services, now provided at Ventura school, would be continued were the school to be closed. She urged that all the meetings on the subject be public. Robert Moss, 4310 Ormes supported the Planning Commission recommendation that there be a joint committee for planning in advance of school closures because he thought that as schools were closed they would be offered to the City. The school district had not planned in advance, and was having to act under pressure. He emphasized the importance of having the public participate, for it had paid for the sites. Mayor Carey said he would vote against the proposed amendment because he thought that '...if the Council wants to lead feet first into the question of school closure then it ought to vote for the motion and the motion to amend because 1 guarantee 'we'll be in it. . . .' He did not think the City had the right or the obligation to become involved in the matter of school closure, and he thought it a question to be answered by the school district and school board. By the same token he did not want those two entities involved in City affairs. 5 3 2/20/79 Corrected Councilmember Fazzino stated that he thought that despite the efforts of see page Hiram Johnson and other California progressives the responsibilities of the 535. school districts and the cities, and Palo Alto, would not be clearly defined because the City could not will the problem away; He thought the problem would continue for many years to come, and the City should have information on it. He thought the City/School Liaison Committee was the correct body to get that information, Vice Mayor Henderson said he had not been aware that the motion to refer to the City/School Liaison Committee would be made that evening, and he had reacted in favor of the motion, but he would prefer, in actuality, that the City stay out of the subject until it was called upon. He thought the background information now on hand was valuable; and the "...City doesn't really have to go any further at this point." He thought that formal involve- ment on the part of the City would set up new expectations, and the City should not be a part of the basic consideration of school closure. He would oppose the motion. i Councilmember Sher said he thought the last three statements confused the issue; his amendment had been intended to clarify the issue. His amendment intended to state that the City would not become involved in school closure. He read the policy and program in the Comprehensive Plan upon which the Planning Commission had based its recom=mendation: "Policy 1, under schools and parks: In considering new uses for closed school sites, priority should be given, when appropriate to (certain kinds of uses); 1. A joint City /school district process should be developed to decide re -use of specific closed school sites...including appropriate environmental assessment and citizen participation.' Councilmember Sher said that the statement he had read showed that the City had already -adopted its policy of saying there should be a City/school district combinatioe to deal with closed school sites. The trouble with the Planning Commission recommendation was that it went on to say that the committee should determine the status and disposition of all school sites. Councilmember Sher said his proposed amendment had been intended to cut back from the consideration of•all school sites. If the main motion passed without the amendment there was the, danger that consideration of all school sites could be included, He emphasized that the City/School Liaison Committee should consider sites which the school board had already determined were to be closed: Mayor Carey noted that the statement from the Comprehensive Plan was in past tense: "closed." NP. fear the City would become involved in discussion of sites that had been marked for closure, but were not yet closed. . Councilmember Sorer observed that the use of "closed" in the Comprehensive Plan seemed unquestionable. He wanted his amendment to have that unmistak- able meaning: "closed school sites. • For. Sipel said that staff had assumed that there were eight closures and staff was trying to identify the activitdes'that were City- or Comprehensive Plan -related. The City was trying to focus on what its needs were, then it mould assess some of the ways the City could meet those needs. That might be done through public/private combinations, or other alternatives. Staff was trying to have that material ready within a month, and it would be available to Council or the City/School Liaison Committee. Mayor Carey emphasized that the City did not want to have involvement, through study or other ways, on anything but closed sites. Councilmember Eyerly asked if, as school sites were closed, such sites had to be offered to the City for purchase. Mr. Sipel said he was quite sure that was true if the property was to be sold. But the school district could arrange to lease, rather than sell. Councilmember Eyerly said that meant to him that this City should have some process developed when and if the sites were offered to the City. He said he approved the ant, and he was glad the points in the Comprehensive Plan 524 2/20/79 had been underlined. He was not sure he wanted the question to go to the City/School Liaison Committee. He thought that whatever discussions led to, however, the matter would return to the:Planning Commission and so Council would have some say on proposed zoning. And so he assumed the main motion was sending the question to committee, and then routing would begin to other appropriate bodies. He asked if his assumption was correct. Mayor Carey agreed that committee ,members would be . euncil-appointed, and so it would return to Council. Councilmember Brenner said she wanted to be prepared to react when the subject came before Council, and, to be up to date on the matter she would vote for the amendment and against the main motion. If the main motion failed she favored referring the subject to the Planning Commission for its discussion and updating of matters relating to schools on open space, community centers and the like She thought that type information staff was now com- piling should be reviewed by the Planning Commission. She thought basic planning by the City/School Liaison Committee would take too long, and, also, that its viewpoint could be different. She thought land use planning was needed. Council referral would constitute a clear direction. Vice Mayor Henderson said he appreciated having had the amendment made very clear that the City came into the picture after the school board had taken action and closed the specific schools. He would support that amendment. AMENDMENT PASSED: The amendment, that referral to the City/School Liaison Committee would relate to school sites which the school district had already declared surplus, passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher NOES: Witherspoon Councilmrember Fletcher said she thought the City/School Liaison Committee would cell its own meetings to discuss items of its own choosing --would it not discuss this matter on its own without a motion by Council? • She preferred the committee to handle ,matters on an informal basis. Councilmember Sher said he thought the main motion was a referral to tha committee to consider two questions: should a City/school district be established regarding closed school sites? if so, what should that process be? Those questions would then be answered by the committee, not Council. Counc11menber Fazzino said his motion was intended to have the Council go on record toward having the committee formally discuss those matters. MOTION FAILED: The motion that the matter of joint City/School district school site planning, for sites already closed, be referred to the City/School Liaison Committee, failed on the following vote: AYES: Eyerly, Fazzin , Henderson NOES: Brenner, Carey, Clay, Fletcher, Sher, Witherspoon MOTION: Councilmelher Brenner moved, seconded Witherspoon, that Council refer the subject of school sites to the Planning Commission for discussion, and to bring to Council up to date information the value of each school to its neighborhood in terns of play space, open space, meeting rooms, community rags and so forth. Council r Fletcher said she thought the motion limited the Planning Commission to specific issues and she thought the Commission might otherwise get into other uses. 525 2/20/79 Councilrnember Brenner amplified that the motion gave examples of the kind of inquiry the Planning Commission could make; it was not limited to those inquiries, as shown by the words ':...arid so forth." She could word it to say "...and aspects the Planning Commtssion considers important." Her motion was open-ended. Councilrnember Eyerly said he thought half of the matter would be left out without school input, because the school district should have an opportunity to come in with a requested zoning. Otherwise Council was doing the school district's work for it. He could nut support the motion. Mayor Carey said.that the liaison committee already existed; the City Attorney would point out obligations with respect to the school board, the Comprehensive Plan showed the City's obligations. Staff had begun work on the question. He thought to refer the matter to the Planning Commission was too hasty. MOTION FAILED: The motion that Council refer the subject of school sites to the Planning Commission for discussion failed on the following vote: AYES: Brenner, Witherspoon NOES, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher GOLF PRO CONTRACT AMENDMENT (CMR:155:9) MOTION: Councilnember Fazzino proved, seconded by Sher, that Council approve the following amendment to the golf pro contract: AMENDMENT NUMBER 1 TO CONTRACT 3920 LICENSE CONTRACT William Hartley Vice Mayor Henderson noted that one of the reasons given for relaxation of the payment schedule was that the clubhouse pro shop was scheduled to open in December but will not be open until February, but Mr. Hartley had already hired a complete staff. How much did that two months' delay cost in terms of staff salary? Scott Catlett, Director of Recreation, said that the expense was s';ght in view of potential overall revenues. The main loss of revenue had been from the closing of the driving range and the 25 percent drop in play. Vice Mayor Henderson asked what Pir. Hartley had understood would be the case when he had been hired, because the circumstances of ongoing construc- tion were known at the time. Mr. Catlett said that the circumstances were known, but his potential for generating revenue had not been known. The City had intended to make that determination after a year, but now it seemed hest to do it after a period of 6 months. Vice Mayor Henderson asked about Mr. Mahoney. "What is he doing: that justifies what we're paying him?" Mr. Catlett said that Mrs Mahoney was doing maintenance, complete inspce- tions of the golf course, complete inspections of the greens, upgrading the greens and doing tee work. 526 2/20/19 Vice Mayor Henderson said he was concerned about the apparent thought that the new pro had to be guaranteed the same level of income that had been made before he arrived. He thought it Wiser for the City to just waive one or two rental payments. Mayor Carey said that as he recalled various applicants for golf pro had been told that the new course would be open in the fall of 1978 with the clubhouse to open in October, 1978. And so the situation now was that the timetable was 6-9 months behind. Councilmember Eyerly agreed that some amends should be made. The four- year contract had been signed with the expectation that the course would be operating in October, 1978. Perhaps the contract should be extended. Mayor Carey said he thought that would be a separate motion. Councilmember Brenner noted that the staff report gave percentages of decreased revenue but the base figures were not given. Mr. Catlett said that staff had riot intended to give particular figures but he had them: Mr Mahoney's income had been $19,520 for the year. Staff had taken half of that figure for the 6 -month period. Councilmember Brenner calculated that Mr. Hartley's income was in arrears of Mr. Mahoney's income by about $5,000. She thought that the potential income for December and January would be down anyway. She asked if, in view of that foreseen drop in income, the number of rent payments waived would be rude fewer, Mayor Carey said he had expected to increase the number of rent payments to be waived. Councilmember Brenner said that the slowing down in play coincided with the months when play was reduced anyway. AMENDMENT: Councilmember Brenner moved, seconded by Fletcher, that the number of rent payments by the present golf pro to be forgiven would be two in number, instead of three. Councilmember Clay said he visited the facility.through playing golf, and he thought that the present staff was high caliber; all the players thought the course was being run ".,.as fine as any golf course can be." He thought that when grounds and building were completed it would be one of the best in the area and perhaps even in the state. The quality of the staff the pro.hard hired was consistent with the coming excellence of the facility itself, but the pro had not yet had the revenue to match. When hiring a pro it had been said that the course was played up to 80,000 rounds per year, and the impact of the improvements on that predicted amount of play had not been foreseen. He thought the golf pro should be given some financial aid or all or part of the operation would be lost. He thought that the pro's investment for the future should be recognized. He would oppose the amendment to reduce the number of rental payments waived. Councilor Fletcher said that she thought construction was very often behind schedule; she would not have expected hiring to have taken place. She thought there must have been some indication that golf course improve- ments would also run behind schedule. Mr. Catlett said that thegolf course renovation was on schedule, and it was the clubouse construction that was behind. The amain cause of drop in revenue was the drop in play, along with closing down of the golf 527 2/20/79 1 range. The renovation took the golf pro's time, Mr. Catlett said, which also reduced his earnings. Councilmember Fletcher said she favored the amendment, with another look at the question in April. Councilmember Fazzino said Palo Alto had hired an outstanding golf pro who had suffered income loss because of unforeseen delays in construction. He wanted to make it possible for the pro to have adequate income. He thought the staff's proposal was modest, "...and to continue to nitpick over an even more modest amount is -unfair to all the people who use that course." Vice Mayor Henderson calculated that the present pro would, if rents were waived as proposed, have an annual income of $18,720, which was almost equal to the annual income of the previous pro, with good revenues to come in the summer with the new course and new clubhouse. He thought it more than adequate to waive only two quarterly rent payments. Colunc i lmemter Sher said did _not k_=-_ _ f the staff ., .�,,,.: said he u �u �rs�ti know � r Lie S�LaT� had or had not thought tke delays in construction. unexpected; Mr. Catlett had said the course construction was pretty much on schedule. Had the nine month delay developed unexpectedly since the contract with the pro.was signed? Mr. Catlett said that the renovation was on schedule but there had been no way to predict how that would affect revenues: It had been anticipated that when the impact of renovations on play was known a report would be made to Council after a year; however, the golf pr'c did not want to continue a whole year without getting some relief. Councilmember Sher asked where the 'nine months behind schedule" idea had come from: Mr. Catlett replied that that was related to the clubhouse construction, but that was not nine months. Councilmember Sher asked if renovation, then, was not behind schedule. Mr, Catlett said that the clubhouse construction was behind schedule, Councilmember Sher asked if the justification for the application for waiving rental fees was for uncertainty about the impact of the renovation on the projected revenues, and also, as a more minor factor, the delays in the clubhouse and the hiring of staff. Mr. Catlett said that was correct. Relief for the golf pro, if the proposed waiver was approved, would amount to $14,580 for three payments. Councilmember Sher calculated that the net was about $14,500. He said that the question about whether or not the risks of reduced revenue were known could be argued, and no provision for that possible loss of revenue had been made in the contract. He said he did not want to get into contract doctrine, but to see the matter as a joint enterprise to help the pro succeed. He preferred to go alcng with the staff recommendation, for it was closer to knowing the figures. Mayor Carey said he agreed with Councilmember Sher's reasoning. Ile did not want to get into specific figures, because the issue was simple, the City wanted to retire the bond indebtedness out of revenues. There was general enthusiasm about the pro, and the specific amount of dollars given to help him was not a significant concern. He would favor the main motion, which moved the staff recommendation. 528 2/20/79 AMENDMENT FAILED: The amendment to waive two rental payments by the golf pro failed on the following vote: AYES: Brenner, Fletcher, Henderson NOES: Carey, Clay, Eyerly, Fazzino, Sher, Witherspoon MAIN MOTION PASSED: The main motion, that Council adopt the staff recommendation contained in CMR: 155:9 passed on a unanimous vote. Councilmember Eyerly said that in the staff report an extension of the contract had not been considered, yet he thought that in view of the unforeseen delays a six-month extension should be offered. Mr. Sipel said he thought the golf facility..should be in full operation so that s me idea of the profits could be keewn and then, perhaps in a year, an extension could be considered. Council might want to get back some of the $15,000 it had just waived. Councilmember Eyerly said that he wanted to give the golf pro a fair four-year contract. I TION: Councilmember Eyerly roved, seconded by Clay, to extend the Calf Pro's contract by six months, Councilmember Sher recalled that it had been thought earlier when the term of the contract was being considered that it would be wise to get some history of operation before having a long term contract; there had been discussion of a tyro -year term and that idea had been abandoned; and a four-year contract, without possibility to re -open it to consideration, had been decided upon. Now, the golf pro had reopened the contract himself. He thought it would be wrong to extend the contract another s.x months. He would vote against the motion to extend. Mayor Carey observed that a contract amendment took six votes and it seemed obvious to him that it would fail, though he, himself, thought it had merit. He would move to table, with the hope that someone would take it off the table in the coaxing months. MOTION TO TABLE: Mayor Carey moved, seconded by Fletcher, that Council table the motion to offer to extend the golf pro's contract by six months. The motion passed on the following vote: AYES: Brenner, Carey, Eyerly, Fletcher, Henderson, Sher, Witherspoon NOES: Clay, Fazeno CHANGE IN_P S (CMR :164:9) Councilmember Witherspoon said that if staff was convinced that dui passes had to have an expiration date she mould suggest that they be valid for a six-+ n :i period; at a later time the matter could return to Council for re-evaluation. MOTION Councilor Witherspoon moved, seconded by Fletcher, that dump pastes be good for six months, the mutter to .be reviewed in one year or eighteen months. The action passed on _a unanimous voice vote. 529 2/20/79 COJNCILMEMBER FAllINO RE CITY cti0o1 FINANCE BILL Councilmember Fazzino recalled that about two weeks ago the City had received a request to support the Comprehensive School Finance Bill the concept for which was now being formulated in the state legislature. Council had asked staff to report on specific bills which were going to be discussed by the state legislature so they could be analyzed from the standpoint of whether or not Council would support the idea. Councilmember Fazzino said he had understood that that evening the Palo Alto Union School District (PAUSD) had passed a resolution of support. Council did not have the information from staff yet, but a hearing about it was to take place February 28. Council would meet next the second week of March and so tha're was some need for promptness. Councilmember Fazzino said he supported the concept. MOTION: Councilmember Fazzino moved, seconded by Fletcher, that Council go on record as supporting the concept of the Comprehensive School Finance Bill. Mayor Carey asked if the motion was of urgency nature, therefore requiring six votes. City Attorney said it was not an emergency and a majority vote only was needed for passage by Council. Mayor Carey ascertained that for the state to be notified of Palo Altos position by February 28 would require the emergency six votes. He further ascertained that Councilmember Fazzino intended, in his motion, to indicate the emergency nature. Councilmember Fazzino agreed; he said Councilmembers had received material from the school board saying the school board had approved the resolution. Councilmember Witherspoon said she preferred not to be on record as supporting a bill which was not in front of Counc+:1. She said she understood there were three bills relating to school financing under legislative consideration; schools were home rule, she felt, and she had ...a strong problem with the state financing our schools. . . ." She would abstain. CI Councilmember Sher ascertained from Councilmember Fazzino that the school board had taken action. Was his motion consistent with the action taken by the school board? Councilor Fazzino pointed out that the second paragraph in the material from the school board proposed that the Counc i l "...support any legislative bill." Councilmember Sher said he was not sure a general representation,by the City would tell the legislature much about how Palo Alto stood'on the matter; it did say something about asking that there be some action on school financing, and so he would support the motion. Count i l r tuber Fletcher said Counc i i had been asked by the Parent-Teacher Association to support such legislation. Through passage of Proposition 13 schools had lost a substantial amount of revenue and so there was no other source of funding than from the state. She felt that writing a letter was the least that Palo Alto could do to help the schools out. Schools had no place else to go; they could not raise property taxes -- they had to look to the state. 530 2/20/79 MOTION PASSED: The motion that Council go on record as sepporting the concept of the Comprehensive Schonl Finance bill passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fletcher, Henderson, Fazzino, Sher ABSTAIN: Witherspoon MAYOR CAREY RE SENATE BILL 8 Mayor Carey said he had received a letter from the new representative of the Tenth District, Harz Garcia, saying that SB 8, now before a senate committee, would eliminate restrictions on state bailout funds with respect to pay raises. Mr. Garcia had asked to know how Palo Alto felt on that matter, so that he would know by the coe1 ttee hearing March 5. Mayor Carey said that as he recalled the bill was now moot. Mr. Abrams said that the full text of the supreme court opinion had not been received, but the summary indicated that the salary freeze was unconstitutional, Mayor Carey said that then the City would take no action. ORAL COMMUNICATIONS None ADJOURNMENT TO EXECUTIVE SESSION Mayor Carey said that Council would adjourn to Executive Session regarding litigation matters, for about ten minutes, after which the meeting would adjourn. The meeting adjourned to Executive Session at 9:40 p.m, ADJOURNMENT The Executive Session and the meeting adjourned at 10:00 p.m, ATTES Gfts ferk� 53' 2/20/79 1