HomeMy WebLinkAbout1979-07-16 City Council Summary Minutes1
CITY
CCUNC I L
MINUTES
Regular Meeting
July 16, 1979
ITEM
Minutes of June 11, 1979
Oral Communications
1. Mary Perez, 3457 Kenneth Drive
2. Frank Manfredi, 219 Addison Avenue
3. William Busse, 935 Ramona Street
4. Dr. Nancy Jewell Cross, 209 Palo Alto Way, Menlo Park
Consent Calendar - Action Items
520 Maybell Avenue --Ordinance for Change of Classification
of Property from R-2 to P -C
31579 Page Mill Road ---Ordinance to Change Classification of
Property from 0-5 to P -C
1766 Embarcadero/2500 Faber Place: Modify Existing P -C Zone
District: Change Portion of Existing P -C Zone From P -C to
LM -D
Page Mill Road (El Camino to Birch Street) Underground
Conversion Project
KZSU - Renewal of Contract for Fiscal Year 1979-80
Fire Department Fees
Hanover Conduit System - Award of Contract
California State Litter Cleanup and Litter Law Enforce-
ment Grant - City Appropriation to Finance Grant
Hay
field H yfield Reservoir Lease Extension - Stanford university
Advanced Waste Treatment Facilities Change Order
�-' Park Y� .� - -- _w- nom--- -�v A_ I __ ___ -_ Amendment
Sol rate k leip veeeTie i i " rileee It - OfdEfdtK. f i!t
--and-Budget Amendment
Resolutions of Welcome to Oaxaca Students and Guests
Appointment of Three (3) Planning Commissioners
Sand Hill load Agreement with Stanford University
Repayment of Community Development ent Buck Grant (CMG) Funds
on Real Estate Improvement Projects
Bicycle Parking Facilities: Exchange of Source of Funding
Request of Councilor Levy re Investigation of Cable TV for.
Palo .Alto
CITY
P�
ALTO
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7/16/79
ITEM, Cont'd
Request of Cauncilmembers Eyerly and Fletcher re Solar Energy
City Attorney Abrams re Assembly Bill 1930
Ccuncilmember Fletcher re Southern Pacific
Counciimember Sher re Housing and Industry Task Force Meeting
Oral Communications
Adjournment to Executive Session
Final Adjournment
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July 16, 1979
Regular Meeting
The City Council of the City of Palo Alto met on this date in the
Council Chambers, at 7:45 p.m., Mayor Henderson presiding.
PRESENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy,
Renzel, Sher
ABSENT: Witherspoon
Mayor Henderson announced that executive sessions would take place both
at recess and at the termination of that evening's council business.
MINUTES OF JUNE 11 1979
Mayor Henderson asked that on page 711, the seventh paragraph read
instead: "Vice Mayor Henderson said that the requirement for a variance
gave him the protection of knowing that buildings not in concordance
with the neighborhood could be built, so long as there were no protests
from neighbors."
Councilmember Brenner asked that on page 700 the third paragraph read
instead: '`Councilr ber Brenner said that in defining 'multiple' the
question was raised of whether or not 'multiple' included R-2 or an
application for a P -C condominium."
MOTION: Councilmember Fletcher roved, seconded by Fazzino, that Council
approve the minutes of June 11 as corrected. The motion passed on a
unanimous vote, Counci l;~ r,i ��r Witherspoon absent,
ORAL COMMUNICATIONS
1. Mary Perez, 3457 Kenneth brive, said she was proud to be a
participant in the cultural exchange between the American Youth
Soccer Organization and two sports clubs of Hamburg, Germany. The
event had been arranged in 1977. Thirty-seven Palo Alto families
were providing hospitality to the visiting team members. Soccer
matches would take place at Cubberley High School sports field. Ms.
Perez introduced Harry Creplin and Gunther Rathmann, leaders of the
two German teaks; Mayor Henderson presented them with a proclamation
of welcome.
2. Frank Manfredi, 219 Addison Avenue, decried the quality of
President Carter's advisors, and he said that not energy but everyday
needs had to be provided for workers and those who could not work,
which could be accomplished through a change in the international
monetary system. He held that inflation was fascism, and more
businesses had to be nationalized.
. William Fosse, 935 Ramona Street, said he wanted to report
"...on a .grass is energy conservation progrem in Palo Alto." He
outlined a program wherein residents on the Green Meadow area had
been asked to participate in 'energy dieting' by not driving theii-
cars one day a week, reducing home consumption of energy by 20
pfrreet_ arm! persuading —at at least tea other people to ,.t:: th
�--'__ '-"�. v'�. «.�.. ..,� �.� rvrr.. -vwv vw►�c- SCE: }/7�-_W -till- the-7Q::�a
Mrr Busse said that 267 people in 365 hams had replied that they
would enter into such a program, an affirmative response of 82
percent. The questionnaire presented to Green Meadow residents
asked questions which would indicate residents' awareness of the
gravity of energy issues. The survey he had been engaged in would
eventually cover the entire City, and he said he would report again
to Council on his findings.
14
7/16/79
4. Dr. Nancy Jewell Cross, 209 Palo Alto Way, University Park,
San Mateo County, said she was advocate for Safe and Sensible San
Francisquito Creek Area Routing. She outlined briefly the needs
for public transit in the subject area, now inadequately provided
for. She submitted a plan for a bus route to span San Mateo and
Santa Clara counties, and it is on file in the City Clerk's office.
CONSENT CALENDAR
Councilmember Eyerly asked that the matter concerning bicycle parking
facilities be removed from the Consent Calendar.
Vice Mayor Sher asked that he be recorded as not participating on the
matters concerning KZSU radio station and Mayfield Reservoir lease
extension on Stanford University grounds, since Stanford University was
his employer.
The following items remained on the consent calendar:
520 MAYBELL AVENUE --ORDINANCE FOR
tHANGt OF CL S I TI E TY
� R-2 �..
Mfrs reading -I/25/79)
ORDINANCE 3133 entitled ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION
18.04.040 OF THE PALO ALTO MUNICIPAL CODE (THE
ZONING MAP) TO CHANGE THE CLASSIFICATION OF
PROPERTY KNOWN AS 520 MAYBELL AVENUE FROM
R-2 TO P -C.
31579 PAGE MILL ROAD --ORDINANCE
TO -CHANGE C—IMITIMION OF PROPERTY
lFirst' reading A6/15/79}
ORDINANCE 3134 entitled ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING
SECTION 18.03.040 OF THE PALO ALTO MUNICIPAL
CODE (THE ZONING MAP) TO CHAME THE
CLASSIFICATION OF PROPERTY KNOWN AS 31570
PAGE MILL ROAD FROI4 0-5 TO P -C.
1766 Et ARCADERO 2500 FABER PLACE:
re . /25/79)
DICE 3135 entitled ORDINANCEOF THE
CITY OF PALO ALTO AMENDING SEC`s Iii 18.084040
OF THE PALO ALTO MUN I C I FAL COOE (THE ZONING MAP)
TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS
1766 ENGA,RCADERO Rte/ 2500 FABER PLACE FROM
P -C (PLANNED CO IITY) -10 LSD (LIMITED
.. - - --ca..us,itrr►rs er..r&!-aw#II PARK *t= ` TJ'V i i4'T: -AND
..
DESIGN RUIN) ANDAWNOING ORDINANCE 23bS.
PAGE MILL ROAD (EL CAN!
9
ORDINWE 3136 entitled AN ORDINANCE
AWENDING SECTION 12,15.020 OF CHAPTER
12.16 OF TITLE 12 OF THE PALO ALTO MUNICIPAL
CODE BY ESTABLISHING UNDERGROUND UTILITY
DISTRICT 21.
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7/16/79
K75U--RENEWAL OF CONTRACT
MrTTSCAL YtR T -. T
AGREEMENT --RADIO BROADCASTING OF CITY
COUNCIL. MF.ETINGS--The Board of Trustees of
the Leland Stenford Junior University
1
FIRE DEPARTMENT FEES (CMR:335:9)
Staff recommends the following changes to fees in the Fire department.
Changes conform to Ordinance 3123 and become effective July 12, 1979:
1. Uniform Fire Code, Sec. 6.102(a) $50 annually
Permit to store, Handle and use $25 or more pounds of
cellulose nitrate plastics, an increase from $25 to
compensate for additional time on permit inspections.
2. Uniform Fire Code, Sec. 8.103 $25 annually
Permit for fixed storage or use of 200 cubic feet compressed
gases. This consolidates 3 permits in the 1973 edition
into one, with no increase in fee.
3. Uniform Fire Code :sec. 11.104 $50 annually
Permit for explosives/blasting agents, manufacture, possession,
sale, disposal, use of, terminal handling of, deliver or receiving
of. This fee has been increased from $25 annually to correspond
with the 1976 UFC section charges which call for greater inspector
involvement.
4. Uniform Fire Code Sec. 15.1201,021 $25 each occurence
this is a new section in the 1976 edition p" sitting excavations
within ten feet of flammable or combustible liquid pipe lines.
This operation involves considerable staff field time but is
rarely used in Palo Alto.
5. Uniform Fire Code Sec. 26.115(a) $10 annually
This section was inadvertently left out of the fee schedule.
It is a permit fee for inspection of assembly occupancies
which use candies or other open flame devices.
HAt GVEn C DU1 r SMEM--
D CONTRACT CMR :'331:9 )
Staff recommends that Council authorize the Mayor to execute a
contract with Power -Anderson Construction, Inc., for construction of
a Utility Manhole and Conduit system for Hanover Feeders as specified in
the plans and specifications.
AGREEMENT--Power-Anderson, Inc.
!'a: TCA®ILITA evievr-.f !`firm A. raw. ►.
Ike/No •. airw,•n .rtnib 1.t 1 1L"i*ys.i,vur
a. ii LAW E.Lf� L~7.TlCs3i l b
(CMR:337:9)
Staff recommends that Council find that the project has no significant
adverse environmental impact and therefore approve the budget amendment
op nonce tr f,s inn A .z. gym—.— p
Vr �d�.w. sr�ti a.a a:a i9y �eri rrLu --..rte- n7t� r _ itfi t�l�w $�`.�'�d ;rant for this project to
�..w-+..w �.r--'. �....r 67r L.7 fi/s v, �v4
the Parks and Open Space management budget.
ORDINANCE 31r entitled ORDINANCE OF THE
(:Grid; I L OF -THE CITY OF PALO ALTO AHFJ4D I NG
THE BUDGET FOR FISCAL YEAR 1979-80 TO PROVIDE
FUG FOR THE CITY'S LITTER CLEANUP AND
LITTER LAW ENFORCEMENT PROJECT.
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7/16/79
C ON--
AMENDMENT TO LEASE --Board of Trustees of Leland Stanford
Junior University
Staff recommends that Council authorize the Mayor to execute a change
order in the amount of $102,503 for the construction of the revised
landscaping.
fa.Gikk t QRC3V r:Hge- AS. (CIIR:345:9)
Staff re.o nts tha Council approve: (1) a change order in the
construction contract with Valley Crest Landscape, Inc., deleting
$18,134 for hydroseeding and adding $29,270 for a drain pipe, catch
basins and grading; (2) a park improvement ordinance amendment adding
drain piping and catch basins; and (3) a budget amendment transferring
$16,340 from the unappropriated balance of the 1979-80 Capital Improvement
Program to Sol Park, Phase II, to pay fcr a portion of the costs of the
drainage system.
ORDINANCE 3139 entitled ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING
THE BUDGET FOR FISCAL YEAR 1979-80 TO PROVIDE
FUNDS FOR BOe PARK EXPANSION.
ORDINANCE (for first reading) OF THE
COUNCIL OF THE CITY OF PALO ALTO APPROVING AND
ADOPTING A PLAN FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS IN BOL PARK.
MOTION: Councilmember Fazzino roved, seconded by Renzel, that Council
approve the consent calendar. The motion passed on a unanioous voice
vote, Councilmember Witherspoon abseet, Vice Mayor Sher not voting on
the items concerning KZSU and Mayfield Reservoir.
Marilyn Mandell introduced the students and guests .fron Oaxaca, Mexico,
and translated the substance of resolutions of welcome to be presented
to the following people:
Marco Antonio Aragon Rodriguez
Florentine Aqiiele _
=3 Ina Figueroa Hao ;i
Tatiana Lievano Woolrich
Rosi to Mo1 i na Gutierrez
Jose Ignacio Trujillo Lopez
Maria Conception Vesasquez Rosas
Ricardo Arnaud Vinas
Martha Fornandez.dei Camp
Leonardo Garcia Sanchez
pose Alfredo Lopez Aguilar
Enrique Oda Woolrich
Israel Vargas Fabila
Diego Woolrich Bermudez
The resolution stated Palo Alto's pleasure and continuing benefit from
an exchange program with its Sister City, Oaxaca, and a copy was given
to each student and guest.
NOTION: Councilmemberd Fazzino introduced the following resolution and,
seconded by Sher, roved its adoption by Counc i l :
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7/16/79
RESOLUTION 5712 entitled RESOLUTION
OF THE COUNCIL -OF THE CITY OF PALO ALTO
RECOGNIZING THE PRESENCE OF, AND WELCOMING
TO THE CITY OF PALO ALTO, OAXACA STUDENTS
AND GUESTS.
The motion passed on a unanimous voice vote, Councilmenber Witherspoon absent.
Corrected
see page
11
1
3
Mayor Henderson praised the high caliber of the 33 applicants to fill
the three vacancies on the Planning Commission. The following people
were elected: 1) Fred Nichols, on the first ballot for a four-year
term ending July 31, 19113; 2) Helene Wheeler, on the first ballot, for a
terry. ending July 31, 1981; 3) Jean McCown-Hawkes on the fifth ballot,
for a term ending July 31, 1980.
u I n egl 7sT
T r:ulrgtTy (CKR:344:9)
Mayor Henderson referred to the five years' of planning and debating
leading toward Council approval of widening and improving the existing
San Mateo county road, Sand Hill Rrad, extending the road from Arboretum
to El Camino Peal. The vote, taken last year, had been four in favor,
two against. The cost for the City's portion was to have been $690,000;
Stanford University, through an assessment district, was to pay about
$7 million. Several related agreements had been reached with Stanford
University, Mayer Henderson said, including Stanford's obligation to
complete Campus (rive to Junipero Serra, and to build modest -priced
housing on the 46 acres of land adjacent to the Oak Creek Apartments,
and Stanford's commitment never to support a connecting route from the
Sand Hill continuation to El Camino Real beyond, to Alma Street. Though
the project had been approved it co41d not be undertaken because five
votes were necessary to set up the necessary assessment district.
Mayor Henderson said that the expiration date for a 1969 agreement between
the City and Stanford was at hand. The agreement specified that Stanford
would pay for most of the widening of Sand Hill upon written request by
the City. The 1969 agreement, signed by the City Manager, had been one
of the provisions for approval of the lot division for the Oak Creek
apartments and would expire September 17, 1979. Upon expiration, and,
if the work of widenin were to be undertaken in a few years, Stanford
would no longer be obligated to pay for it. The costs to the City of
about $600,000 rip to now for engineering drawings and the like, during
the recent attest to form an assessment district, had already been
written off.
Councilmember Eyerly observed that there were several facets to the
1969 agreement:- he was reluctant to forego the nearly $1.7 million it
represent., and he favored more discussion between City Staff and Stanford.
MOTION. Counciimrmeamber Eyerly moved, seconded by Fletcher, that Council
direct staff to activate discussion with Stanford regarding modification
of the I969 Sand Hill Road agreement to include: 1) extension of time
for the agreement; 2) a two-lane extension to El Camino Real; 3) completion
of Campus Drive; 4) discussion of the housing plan for the 46 acres on
Sand Hill Road, and to return to Council by the last meeting of August.
1G
7/16/79
Councilmember Renzel said she assumed, from a reading of the agreement,
that no additional road improvements had beee required of Stanford as a
condition of the proposed subdivision --had it been a separate agreement?
Roy Abrams, City Attorney. said that the 1969 approval of the Oak Creek
subdivision had made certain requirements; the agreement now before
Council was a memorialization in writing of that meeting of the conditions.
This agreement would be the completion of that condition.
Councilmember Renzel noted that the 'whereases' listed a number of
conditions: she said she assumed they were informational and not controlling
on the operation of the following part of the agreement.
Mr Abrams agreed: the agreement could be activated without a,l of the
conditions given in the 'whereases' being met.
Councilmember Renzel asked if the inclusion of the two-lane connection
in the motion meant that the connection was to be discussed --what was
the implication of voting for the motion?
Councilmember Eyerly said the items in his motion were suggested topics
for staff to discuss with Stanford to see if any agreement could be
reached with Stanford. A vote for the motion would not mean a vote for
the two-lane connection.
Councilmember Brenner asked if the agreement was to be activated on the
previous consideration of the subjec# road. She did not recall the
amount of money being put forward by Stanford; she did recall that the
assessment district would have left Stanford with almost $1 million cash
balance. Was the agreement considered to be part of the assessment
district?
George Sipel, City Manager, said that if the assessment district had
been successful the agreeent would have been activated.
Councilmember Brenner asked if the assessment district noted the completion
of the two-lane road.
Mr. Sipel replied that the figure of $1.7 million had been based on
specifications incorporated in the assessment district proceedings.
Corrected
see page
121
Councilmember Brenner co ted that Palo Alto's share had also included
about $400,000 as the value of the creekside land that the City was to
have given, in addition to the $600,000. She suggested that a discussion
of the intersections could also be included in the motion before Council.
The discussion of housing
did not seem very
- h9 paramount, since the 46
acres of land was already zoned for housing. She supposed some mitigation
would be asked of Stanford in the way of road improvements io order to
take care of the proposed housing, but that did not seem contingent upon
the pa sag of the motion by Council.
Councilmember Eyerly said that he did not want to include a discussion
of intersections because that seemed to him to begin a process of designing
the road, and that was not a consideration in his motion. Intersections,
while they related to the matter of what Stanford and the City could
agree to, were not a part of that natter.
Councilmember Brener said she thought a great deal of possible stress
relating to the proposed project could be reduced if intersections ware
worked out.
A1E.i C1T: Councilmember Brenner moved, seconded by Fletcher, that
Council include in the motion before it a general discussion of intersections,
exclusive of their design, as one of the points to be reviewed.
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7/16/79
Mayor Henderson said that the motion dealt with the proposed widening of
the road and intersections at Sand Hill Road and The Alameda were not
related to Stanford's interest.
Councilmember Brenner said she did not think Campus Drive was part of
the agreement, nor was housing.
Mayor Henderson said he thought the discussion was getting away from the
Sand Hill Road project.
Councilmember Brenner said she thought intersections would include those
in front of Oak Creek Apartments and in front of the proposed 46 -acres
housing, along with those that would be needed within the project. She
did not want discussion of intersections, as a topic, to be foreclosed.
Councilmember Eyerly said the point was well taken but he thought the
first thing Stanford would have to do was agree to an extension of time
on the agreement. To add a discussion of intersections would make for
more detail than was necessary.
Councilmember Fletcher said that the intent of the agreement was to
widen the road so that traffic flow would te improved. In the past
bottlenecks at intersections had been a big issue and so intersections
were an integral part of the proposed widening of Sand Hill Road.
Councilmember Re:izel agreed with Councilmember Fletcc er's observatien.
Dr. Nancy Jewell Cross, 1902 Palo Alto Way, University Park, San Mateo
County, said she agreed with Mayor Henderson that the main concern in
the motion was to get Stanford into dialogue on the topic of widening
Sand Hill Road, and agreeable to the purpose of that widening. She
wanted to see transportation 'holistically considered.' Both clean air
and improved traffic flow were important issues for both Stanford and
Palo Alto. She outlined some of the currer*t problems saying she thought
they could be worked out.
Herb Borock, 3401 Ross Road, said he questioned whether or not the
proposed widening of Sand Hill Road was an asset to the City. Stanford's
interest ire extending the agreement was not known. Mr. Breedlove, a
representative of Stanford, was in the audience, Mr. Borock said. Perhaps
he would confirm whether or not Stanford wanted to discuss those proposed
topics.
Mayor Henderson said that the topics listed in the motion were conditions
made by Council for the Oak Creek subdivision. They had been discussed
many times since he had put the matter before Council in 1971. The
topics were not new.
AMENDMENT PASSED: The amendment that Council include in the main motion
a general discussion of intersections, exclusive of their design, as one
of the points. to be reviewed, passed on the fol gowir,o vote:
AYES: Brenner, Fletcher, Levy, Renzel
NOES: Eyerly, Fazzino. Henderson
NOT PARTICIPATING: Sher
ABSENT: Witherspoon
20
7/16/79
Councilmember Fletcher said she was supporting the main motion on the
basis that if some agreement on the topics did evolve between Palo Alto
and Stanford the matter would come before Council so that it could again
examine the merits. She recalled that a two-way cut through to El
Camino had been held to be a handicap rather than an improvement --she
wanted to see an analysis of that proposal.
Councilmember Renzel said she thought that Dr. Cross's statements spoke
to the "...total transportation picture." An improved bicycle bridge
was needed at the Sand Hill bridge over San Francisquito Creek.
AMENDMENT: Councilmember Renzel moved, seconded by Fletcher, that a
separate bridge for bicycles be a topic for discussion with Stanford.
The motion passed on the following vote:
AYES: Brenner, Fazzino, Fletcher, Henderson, Levy, Renzel
NOES: Eyerly
NOT PARTICIPtTING: Sher
ABSENT: Witherspoon
Councilmember Fletcher suggested that Council could give direction to
staff that if, during discussion of the specified topics, some new
topic should arise, that they not be excluded.
MAIN MOTION AS AMENDED: The main notion, that Council direct staff to
activate discussion with Stanford regarding modification of the Sand
Hill Road agreement to include: 1) extension of time for the agreement;
2) a two-lane extension to El Camino Real; 3) completion of Campus
Drive; 4) discussion of the housing plan for the 46 acres on Sand Hill
Road, with the amendment that a general discussion of intersections also
be included, along with the amendment for the discussion of a separate
bicycle badge over San Francisquito Bridge, passed on the following
vote:
AYES: Rrenner, Eyerly, Fazzino,
NOT PARTICIPATING: Sher
ABSENT: Witherspoon
1f r, 4 a I %a' ,f
T
Fletcher, Henderson, Levy, Renzel
Jean Diaz, Real Property Administrator, said that he had discussed the
matter with other groups, and they had been approving of the method of
repayment.
Councilmember Fazzino said he agreed with the intent of the procedure
which assured that CDBG funds would be put to use for their intended
purpose. He asked what would be the case if, for example, C.A.R., a
non-profit organization, were to sell its property to another non-profit
organization.
Mr. Diaz said that an amortization period allowed loan repayments to be
relieved as long as the original or similar program was in operation for
a given period of time. The City did not intend to limit the loan
repayment schedule to a specific program, he said, as long as the program
was aimed in the same direction.
21
7/16/79
Councilmember Fazzino asked if the language Mr. Diaz had used in the
report was to be incorporated into a contract, or if the language would
be tailored to certain programs as they bec,me applicants.
Mr. Diaz said the City would use, in every case, a promissory note
outlining the loan recipient's obligation and the time period; the
amortization period was related to the amount of the initial grant.
Eligible programs, he said, would be those kinds that would be eligible
under the original CDBG program.
Vice Mayor Sher asked if some problem had arisen that had brought about
the need for Mr. Diaz's staff report.
Mr. Jiaz said his report was drawn up to prevent problems that otherwise
might arise in the future with CDBG funds. If, for example, a recipient
of CDBG funds decided to sell to an unrelated use, the money could
possibly go to the new owner, and not be repaid.
Vice Mayor Sher noted that Mr. Diaz had said that could happen in the
case of the Downtown Senior Center --the City owned that, Vice Mayor Sher
said.
Mir. Diaz acknowledged that in that case the City would not have the
problem, but it would be a problem if the City did not own the property.
Vice Mayor Sher said the report seemed based on hypothetical cases and
guarded against 'windfall' improvements, such as access for handicapped,
against which no guard was needed. Vice Mayor Sher said the report set
forth a complicated vehicle for recovery of CDBG funds --the report had
elements of 'overkill' against hypothetical cases that might never
occur. He expressed some concern that the already complicated application
for funds might discourage applicants further if the need to sign a
promissory note were added.
Mr. Diaz replied that the documents were not very complicated. They
were "...a typical kind of market transaction. It would just outline
the obligations. I don't think it would discourage worthy applicants
...because we have met with other groups and they have indicated that it
was acceptable to therm." It was consistent with how the City had resolved
the City's housing rental acquisition program although it was somewhat
tighter with that program because of the nature of the capital investment.
Vice Mayor Sher asked if other cities had such a program, and had the
procedure Mr. Diaz's report suggested been discussed with the appropriate
federal agency?
Mr. Diaz said the program had been discussed with Housing and Urban
Development (UUD),, and, though other cities did not have the procedure
outlined by his report, it did support the procedure.
Vice Mayor Sher said "So it was invented in Palo Alto." He said he had
his doubts about it.
Councilor Levy said he agreed with the concept. He questioned the
interest rates of 3 percent and 7 percent.
Mr. Diaz said that 3 percent was used in the City's housing rehabilitation
program, which was a relatively secure kind of investment. The City was
not trying to make money but to assure that funds to continue the CDBG
program would beavailable through the repayment schedule. With a
situation in which there was a second deed of trust where there was no
property owner and the loan was not so secured the 7 percent rate would
be charged.
22
7/16/79
Councilmember Levy asked if Mr. Diaz's report did not speak to the
situation where non-profit organizations that had received CDBG funds
might sell to profit -making entities at a market figure; 3 percent was
way below a market figure.
Mr. Diaz said the CDBG funds were federal, not City funds. On City -
invested funds the current rate of return was 8.1 percent. The 3 and 7
percent rates had been thought to be 'reasonable' for non-profit groups
that provided community benefits. If Council desired the 3 and 7 percent
rates could be increased.
Councilmember Fletcher supported the concept of Mr. Diaz's report. It
was not out of the question that some CDBG funded program right outgrow
its facilities and sell the current facility at market value. Council
could, at that time of sale, should the sale occur, have the option of
foregoing its interest payment.
MOTION: Councilmember Fletcher raved, seconded by Fazzino, that Council
approve the staff recommendation that Council adopt the Community Development
Block Grant loan procedure as outlined in CMR:340:9. The motion passed
on the following vote:
AYES: Brenner, Eyerly, Fa_zzino, Fletcher, Henderson, Levy, Renzel
NOES: Sher
ABSENT: Witherspoon
YC KING F !TIES:
(CMR:338:9)
Councilember Eyerly said he removed the niatver of bicycle parking
facilities from the agenda because there were no open bicycle parking
facilities in the California or Midtown area, and the budget amendment
now before them spoke to bicycle lockers. He thought some money should
be added to provide bicycle racks in those two areas. He thought that
interest in bicycle parking had been renewed. Perhaps adding 2,000 to
the $10,000 would provide such racks.
;fir. Sipel suggested Council approve the bicycle parking funding then ask
staff to report on costs for providing open bicycle parking after staff
gathered some data.
rMOTION: Councilmember Eyerly introduced the following ordinance and
seconded by Fletcher. moved its adoption by Council:
ORDINANCE 3138 entitled "ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR
1979-80 TO TRANSFER THE
APPROPRIATION FOR BICYCLE PARKING FACILITIES, PROJECT 78-
52, FRO THE STREET IMPROVEMENT FUND
70 THE CAPITAL PROJECTS FUND."
Councilmember Fletcher explained that the appropriation the ordinance
spoke to was an advance,. for Transit District Authority funding that had
been approved earlier b; Council. The type of parking facia i cies had
not been specified, and it could be a combination of lockers and racks.
They would be placed in the three shopping areas of the City.
MOTION PASSED: The motion passed on a unanimous vote, Councilmember
Witherspoon absent.
MOTION: Councilmember Eyerly moved, seconded by Fletcher, that Council
ask staff to return with a study of Veasibility and cost of placement
and addition of bike racks in Midtown and California Avenue shopping districts.
The motion- passed on a unanimous voice vote, Councilmember Witherspoon
absent.
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Corrected
see page
121
l2F:1lFST (lF ('g1=1 gag I __
l.rVESTIGA1ION OF Cal TV
Councilmember Levy said he had received inquiries about cable television
for the City. He named the cities in the Bay Area that already had
cable TV, saying that in 1971 the City Council had gone on record as
favcring cable TV in Palo Alto, to be owned municipally. A study then
had led to a recommendation for an elaborate municipally owned system
that would be "...an electronic cornucopia that would involve programming
and two-way interaction. . " Since the financial risk of such an
elaborate system had been considerable the proposal had died. Currently
cable TV was less complicated; about 20 percent of all homes had cable
TV, which afforded clearer reception and extra programming. He thought
the cost was about $25 per home for installation, and about $10 monthly
for ongoing access to those who chose to connect. The City could let
out tht.. "ranchise, or do the mechanics itself, or be involved in some
joint venture with an existing company. Councilmember Levy thought it
would be unwise for the City to enter into cable TV by itself. If an
existing company were used, the City would realize 3-5 percent of the
revenues. There would be no environmental impact since existing telephone
lines would be used. He said he understood that existing franchisers
had considerable expertise.
Corrected MOTION: Councilmember Fletcher moved, seconded by Fazzino, that staff
see page be directed to study and report on available alternatives for providing
121 CATV to Palo Alto residents through franchising, an outside firm either
with or without. City participation, and to report back in 60 days to the
Policy and Procedures Committee.
Councilmember Fazzino said he supported the motion. He thought better
films and sporting events might even help in the gas shortage. He had
reviewed the work of the Cable Television Task. Force of 1974. That plan
had been too elaborate and he thought that a franchise could provide
television enhancement with no financial burden to the City, though
there was the risk of getting into an arrangement with "..slippery,
unsavory operators dominating the cable television field, and that Palo
Alto could lock its citizens into an unappealing franchise for many
years. However, short-term franchise contracts are possible, and the
growth of cable television has fortunately raised quality operators
during the past few years."
Mayor Henderson said he had been on the cable television task force and
that task force had heard about some cities being burned by private
cable TV systems, which had contributed to the task force's inaction.
He said he hoped times had changed. He wondered if the i ngu i r_y should
not return to the Finance_and Peblic Works Committee.
Mr. Sipel s id he thought that at present the inquiry into cable TV was
more of . policy matter.
Corrected Councflalember Brenner said that she thought the possibility of municipal
see Page ownership should not be excluded.
121
1
Couneilmernber Fazzino said he would agree that municipal ownership could
be discussed, but he did not want the City to get bogged down in such
ownership, and so he wanted the initial discussion to center around
franchising.
Counc i l rraember Brenner asked if the study would be very ex pens i ve .
2 4►
7/16/79
Mr. Sipel said he thought the present motion did not indicate that the
study would be costly, and would perhaps take 60 houre at the most. If
municipal ownership were to be considered there might be an additional
study cost of about $1Q,000-$15,000.
Councilmember Brenner asked that the 1974 task force study be included
in the report to Council on cable TV, if the motion passed.
Councilmember Levy added that if the City were to go into cable TV he
understood that the cost would be about $6 million.
Mr. Sipel added that the $6 million had been a 1974 estimatethe cost
might be douuled at the present time.
Councilmember Levy said he did not favor having the City take such a
financial risk.
Councilmember Brenner said she would have to be convinced that the City
should support the project.
Councilmember Fazzino said that the data from the 1974 study would be
reviewed before Council to satisfy Councilmembers that municipally owned
cable TV was not the way to proceed.
MOTION PASSED: The motion that staff be directed to study available
alternatives for providing CATV to residents of Palo Alto passed on a
unanimous vote, Councilmember Witherspoon absent.
..::.., t., <. . .. t C.;.; .' E r- .. RLY
F:.., p •. R ' S
Councilmember Eyerly said he was aware that the Utilities Department was
making a considerable study for the use of solar energy, and it would
come before Council with its recommendations for Palo Alto. He said a
pamphlet from the Department of Energy for the western states included
some programs in "Western Sun." He did not want staff to miss seeing
Western Sun's suggestions.
MOTION: Councilmember Eyerly moved that Council direct staff to include
in its current study on solar energy the six energy options listed in
"Western Sung and give Council its thoughts on the applicability of
those options for Palo Alto.
Councilmember Fletcher said she had thought for some time that the City
could be doing more for conservation of energy. The city of Davis and
Santa Clara and the County of San Diego were held up as exemplars. A
"clothes line ordinance" she said, was one of the most counterconeervation
measures, for examp1 e9 i the = building of new developments. She cited
the i napppropriatene s of such an ordinance in a community where there
were small children.
Councilmember Brenner agreed.
Councilmember Sher supported the motion and he thought that some expansion
beyond the Department of Energy suggestions could be made. He stated
that the California Energy Commission and the League of California
Cities had joined to facilitate the promotion of solarenergy in communities
through a number of pilot workshops explaining technical and economic
characteristics of common solar systems --not all solar systems were
economically viable. The project in Santa Clara, subsidized by federal
grants, was one such uneconomic venture. The cost of passive solar
projects tended to be recovered in fuel savings in a shorter time. The
League of California Cities had established an advisory group of local.
25
7/16/79
government officials and he had been appointed. That group had a publication
on solar energy, and three Palo Alto programs were included in the
handbook: 1) solar classes to familiarize residents with solar principles;
2) retrofit projects, dealing with a solar block to convert heating of a
city block across `rom the medical clinic; 3) guidelines on visual and
aesthetic impacts to by administered by the Palo Alto Planning Department.
The handbook, he said, listed a number of ordinances that had been
adopted in other California cities. Connie Smyser, he said, in the
Utilities Conservation Department, was familiar with them.
AMENDMENT: Councilmember Sher moved, seconded by Fletcher, that the
recommendations in the Solar Handbook published with the sponsorship of
the California State Energy Commission and the League of California
Cities (LCC) for local officials, be included in the consideration of
those suggestions contained in "Western Sun."
AMENDMENT PASSED: The amendment passed on a unanimous vote, Councilmember
Witherspoon absent.
MAIN MOTION AS AMENDED PASSED: The main motion, that staff include in
its current study the six energy options listed in "Western Sun" and
give Council their thoughts on their applicability to Palo Alto, as
amended, passed on a unanimous vote, Councilmember Witherspoon absent.
Councilmember Eyerly asked if there were copies of the handbook Councilmember
Sher had spoken about. He would like to see one.
Councilmember Sher said the handbooks were given to local officials who
attended workshops. Ms. Smyser in Utilities Conservation had a copy. He
would loan Counc=lrnember Eyerly his copy.
CITY ATTORNEY ArRAMS RE ASSEMBLY BILL 19,
City Attorney Abrams said that the League of California Cities had
issued a bulletin that day indicating that on the coming Wednesday the
Senate Judiciary Committee would consider the Naylor bill, which sought
to reverse some California Supreme Court decisions by creating a statutory
right for down-zonin4. About four years ago, Mr. Abrams said, the
Supreme Court had ruled that down -zoning, per se was not compensable,
and in a recent case involving the City of Tiburon the Supreme Court had
held that down -zoning was not compensable in damages, and the remedy
would be to reverse any unconstitutional zoning. At first glance a
property owner might say that he ought to be recompensed for the pre -
down -zoning value of his property, but the report on the bill (AB1930)
indicates that the bill goes further than that, and indicates that the
bill would include compensation for an exercise of the police power that
"reduces the va l ue of property" and the fear was that virtua i ,y anything
the government does in the zoning and land use field either raises or
reduces the value of property. Mr. Abrams asked Council's permission
either to telephone or write Council's opposition to AB1930.
MOTION: Councilmember Renzel moved, seconded by Brenner, that, as an
emergency matter, Council approve having City Attorney Abrams indicate
Council's opposition to AB1930. The motion passed on a unanimous voice
vote, Councilor Witherspoon absent.
RF
Councilor Fletcher said that Palo Alto was not ignoring the court
decision that Southern Pacific had the right to require that patronage
pay for maintenance of the passenger service. She said she would place
the matter on next week's agenda.
26
7/16/79
ICE HOUSING AND 1NDUSTIL
Councilmember Sher said that the County Board of Supervisors had created
a county task force on which he served as a city representative. The
imbalance between jobs and housing was the problem to be addressed, and
this county favored jobs, he said, particularly in North County cities.
Some ideas had been drawn up and staff and some task force members were
reviewing the ideas in the county. They asked to come to Pala Alto to
give such a review on July 24, 4 p.m. It was not a formal Council meeting,
and they wanted primarily to go over the ideas with planning departments,
while inviting other staff and council members as well as the public
to attend. The meeting would take place in the City's conference room.
C iICATICiS
None
1OURNMENT TO EXECUTIVE S
Council adjourned to Executive session for discussion of personnel and
litigation matters.
Council adjourned at 11:40 p.m.
AFFIRM: APPROVE:
•
ity Cler& Mayor
27
7/16/79