HomeMy WebLinkAbout1980-08-04 City Council Summary MinutesClT'y
COUNCIL
MINUTES
ITEM
a..�a
Oral Communications
1. Gypsy Lawrence, 1301 Harker
2. Ms. Yillafana, 162 Hamilton
Regular Meeting
August 4, 1980
CITY
OF
PALO
ALTO
PAGE
0 9 3
Consent Calendar - Referral Items
Members Agreement with I1CPA-Calaveras Hydroelectric Project 0 9 4
Members Agreement with NCPA-Feather River Project 0 9 4
Lytton Gardens -Phase 1II 0 9 4
Consent Calendar - Action Items
',Laster Social Worker Agreement 0 f 4
Adobe Creek at Highway 101 Bicycle dlrfdercrossings 0 9 4
Mitchell Park Footbridge Replacement - Award of Bid
and Authorization of Contract 0 9 4
Park Irrigation System Automation - Award of Bid
and Authorization cf Contract 0 9 5
1040 Colorado - Final Subdivision Map 0 9 5
Council Compensation 0 9 5
Sign Ord i nance Enforcement 0 9 5
Changes to Visual Arts Jury Ordinance 0 9 5
Bicycle Parking - Business Districts 0,9 6
Policy t Procedures Committee Recomeendations re Smoking Ordinance 0 9 6
Chi n i um Conversion Project Ordinance 0 9 9
Contractural Arrangements for Fire Department Management 1 0 0
Surplus School Sites - P.A. School District Request for Delay in
of Election 1 0 1
A.B. 3046 - Energy Conservation Bill
Sewage Spill . in Bay
Meetf.:1 Dates
Continuation from Page 100 of Condominium Conversion Ordinance
Adjournnent to Executive Session
Final Adiourainnet
1 0.1
102
103.
104
405
1 0 5
092
8141e0
Regular Meeting
August 4, 1980
The City Council of the City of Palo Alto met on this date at 7:40 p.m.,
in the Council Chambers, 250 Hamilton Avenue, Mayor Henderson presiding.
PRESENT: Brenner (arrived at 8:25 p.m.), Fazzino, Fletcher,
Henderson, Levy, Reuel, Sher, Witherspoon
ABSENT: Eyerly
Mayor Henderson announced that at SOON point durino the meeting the
Council would meet in Executive Session re personnel and litigation.
ORAL COMMUNICATIONS
1. Gypsy Lawrence, 1301 Harker, said it was her understanding
that the Post Office has now ordered three -wheel bicycles
for all the carriers in Palo Alto, who will be working out
of the Hamilton Avenue Post Office. They are re -installing
relay boxes all aver town. The carriers are to park their
own cars at or near Hamilton Avenue Post Office and pick
up their three -wheel bicycles. Mail will be delivered all
over town by trucks that will pick up that mail at the
Hamilton Avenue Post Offices This is a so-called "fuel
saving" device. She said she had some real concerns about
this new program. She thought that an employer in Palo Alto
had a legal obligation to provide parking for its employees.
The cars will be parking ail day in downtown Palo Alto
neighborhoods. The additional truck traffic through neighbor-
hoods was another serious concern. She requested the Council
to inve:;tigate this matter before it goes into effect.
City Manager Bill Liner said he was aware of the new program and he
would provide Council with informati6..
2. Mrs. Villafana, 162 Hamilton Avenue, expressed concern about
the Craig Hotel. She said it is owned by a man who is
having problems with another hotelhe outs in Redwood City.
She said that the rules and regulations of the hotel were
very strict and she was also concerned about health problems
resulting from food being brought into the rovers. She said
the manager often goes into the tenants' rooms when they are
not there or when they are sleeping and goes through their
personal things. She said bother issue she wished to discuss
was that she had bean unable to see a Police juvenile officer
when she needed help. She related an experience her daughter
had with the Pol i ce Department.
CONSENT CALENDAR
Council rFletcher requested that the item regarding Bicycle Parking
in Business Districts be r oved from the Consent Calendar.
Councilmember Levy asked that the second reading of the ordinance re-
gerdi ng condoe1 ni um conversion be r e oved from the Consent Calendar.
Vice for Sher requested that his vote be .rac6rded as "no° Gan the item
regarding Council Compensation.
Councilmember Levy requested that his vote~ also be recorded as "no* re-
garding Council Compensation.
093
0/4/80
Councilmember Renzel requested that her vote be recorded as a "no"
vote on the ordinance regarding exception procedure for signs.
The following items remained on the Consent Calendar.
Referral
MEMBERS AGREEMENT WITH NCPA -
AALAVERE HYDROELEr'RIC PNWECT
e erra o nance a :u c
or -s • ee • •:
Staff recommends that the City Council refer the agreement, which formal-
izes the benefits and responsibilities of the City derived from its
participation through NCPA in the Calaveras County Hydroelectric Project,
to the Finance and Public Works Committee for review and recommendations,
MEMBERS AGREEMENT WITH NCPA -
rtATHER RIYt RROitCF Referral t
nance an u lc or s osrsni
t
Staff recommends that the City Council refer the issue of Palo Alto's
participation with NCPA in this phase of the Feather River Project to the
Finance and Public Works Committee.
LYTTON GARDENS - PHASE III
`ors omm eee
Staff recommends that the City Council refer the requests from Lytton
Gardens, Inc., to the Finance and Public Works Committee.
Action_
MASTER SOCIAL WORKER AGREEMENT (CIIR:362:0)
Staff recommends that the City Council authorize the City Manager to
sign a purchase order in the amount of $10,509, payable to the Santa
Clara County Department of Social Services.
AGREEMENT - Santa Clara County
ADOBE CREEK AT HIGHWAY 101 BICYCLE
-96 (:364:0)
Due to the high cost of construction and maintenance, substandard design
parameters resulting from CALTRMS and the Water District's requirements,
and potential risk liability, staff recommends that the findings of the
report be accepted and that funds not be appropriaeted for the construction
of this project. It further recommends that since the project does not
appear to be feasible, staff be directed not to pursue this concept further.
ITC; ELL PARK FOOTBRIDGE REPLACEMENT ->
WARO OF BID . . . T (CNR:373:0)
Staff recommends that the Mayor be authorized to execute a construction
eontract with Power Anderson, Inc., in the amount of $14,100.00 and
that staff be authorized to execute charms orders to the construction
contract of up to 1O% x$1,410.00) of the contract amount.
AGREEMENT Power Andersen, inc.
0 9 a
$%4/80
PARK IRRIGATION SYSTEM AUTOMATION -
IU AND AUTHORIZATION OF
t CT (CMR : 374 : 0j
Staff recommends that the Mayor be authorized to execute a contract with
Munkdale Brothers, Inc., in the amount of $28,100.00 and that staff be
authorized to execute change orders to the construction contract of up
to 25% ($7,025.00) of the contract amount.
AGREEMENT - Munkdale Brothers
FINAL SUBDIVISION MAP
)
Staff recommends that the City Council approve the final map and the
street dame Sloan Drive.
COUNCIL COMPENSATION
RESOLUTION 5822 entitled "RESOLUTION OE THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING RESOLUTION NOS. 5656, 5751, AND 5760 TO
DELETE 8I -WEEKLY EXPENSE ALLOWANCE FOR ODUNCILMEMBERS"
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTION
2.04.395 TO THE PALO ALTO MUNICIPAL CODE ESTABLISHING COUNCIL
MEMBER SALARIES AT $400 PER MONTH TO BE EFFECTIVE UPON COMMENCE-
MENT OF THE NEXT SUCCEEuiNG TERM OF OFFICE FOR EACH COUNCIL
MEMBER POSITION (1st reading)
SIGN ORDINANCE ENFORCEMENT
eeo ea Tn
ORDINANCE 3217 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO ADDING SECTION 16.20.052 TO THE PALO ALTO MUNICIPAL
CODE TO SET FORTH AN EXCEPTION PROCEDURE FOR SIGNS" (1st reading
7/21/80)
CHANGES TO VISUAL ARTS JURY ORDINANCE
„t econa Read i srg
ORDI4XE 3218 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING SECTION 2.18.070(a) OF THE PALO ALTO MUNICIPAL
CODE AND MUG SECTION 2.18.070(d) REGARDING THE VISUAL ARTS
JOKY"(1st reading 7/21/80)
ORDINANCE 3219 entitled 'ORDINANCE OF THE COUNCIL OF THE CITY OF
TrEtilEITAMDING SECTION 2.26.020(b) OF THE PALO ALTO MUNICIPAL
CODE AND ADDING SECTIONS 2.26.030(10), (11), (12), AND (13) RE-
GARDING VISUAL ARTS IN PUBLIC PLANES". (1st reading 7/21/80
MOTION: Councilor Fazzino moved, seconded by Renxel, approval of.
the Consent Ca1e Ar.
The motion passed on a unanimous vote, with Councilors Levy and
Ranzel voting "no" pn tine ordinance re exception procedure for. signs,
Vice Mayor Sher and Counc.ilmember Levy Yptin4 "no" on the _ordinapce re:
Council Compensation, and Councilmoabers Eyerly and Brenner absent,
09,5
8/4/80
MOTION: Councilwember Fletcher moved, seconded by Fazzino, that Item
No. 5, Bicycle Parking - Business Districts, be brought forward.
MOTION PASSED: The motion passed unanimously, Brenner. Eyerly absent.
BICYCLE PARKING -
BriVESSMOITICTs
Councilmember Fletcher explained her reason for bringing Item 5
forward was that the Bicycle Advisory Comrittee was meeting on August
5 and she felt this an appropriate item for them to review.
MOTION: Council er Fletcher moved, seconded by Renzel, that Item
5, Bicycle Parking - Business Districts, be referred to the Palo Alto
Bicycle Advisory Committee.
MOTION PASSED: The motion passed unanimously, Brenner, Eyerly
absent.
POLICY ARO PROCEDURES COMMITTEE RECOMMENDS
Councilmember Fazzino„ Chairman of the Policy and Procedures
Committee, read two proposed changes, one prohibiting smoking in
public areas used solely al. lobbies , waiting areas, or restrooms, and
the ether requiring employers to post signs asking employees to please
not smoke. He said the Committee had reviewed the Berkeley Ordinance
and felt these two proposed changes would disallow smoking in areas of
business and, for the first year. would be more of an educational
stance, during which time the City could determine if the 4No Smoking"
signs posted would be adhered to voluntarily. He also thought the
signs could cite the Municipal Code section relating to the issue.
MOTION: Councilmember Fazzino, for the Policy and Procedures
Committee, moved that the City Attorney be directed to prepare an
ordinance stating that smoking be prohibited with respect to
retail -commercial -banking establishments, in areas used solely as
lobbies or waiting areas or in restrooms; and further,
That all private employers be required to post a sign in meeting rooms
that asks employees to please not smoke, aiwl that smoking len
wohibited„ but that there be no penalties except for not posts na, the
signs.
Mfr. Ed d' Dwyer, 5992 Cabals!' Ate, - and ressed the Corn i l He
referred to an article in a New England journal which states that a
n smoker inhaling second-hand smoke suffer the same .,mount of lon9
dame as the smoker. Re hoped the recommendations of the Policy and
Procedures Committee receieel full Council snePort.
Councitmembe Witherspoon said she wanted to c 1 ar i fy t `portion of
the motion relating to smoking in rests. She felt smoking should
be prohibited . in public restrooms, but it should be permitted in
employee restrooms.
CouncilCouncilmember Fletcher° grsestiond the portion of the Policy and
Procedures Committee M'i nwtes of July 1, 1900, which _referred to
smoking lain'$ prohibited with respect to retail -commercial -banking
establishments as in thelamtion, and Councanember kitherspo 's
amemdlent which inclwded 4r04s used sol*ly as lobbies, wattwattime rain
sr rrrestrooss. She asked for fwther clarification of the lion, _
amendment to the alarm„ and the definition of a job ' . 00141 waiting
areo--would waiting in l i n at a beak be a wasting area?
Considerable discussion followed pertaining to the definition of
lobby and waiting areas in retail; commercial and banking
establishments.
City Attorney Roy Abrams said the language before the Policy and
Procedures Committee read: "Smoking is prohibited and is unlawful in
all enclosed retail, commercial, and banking establishments which do
business with the oeneral public except either (1) in areas not open
to the public, or 12) in all areas in retail tobacco stores, or (3) in
areas used solely as lobbies or weit eg areas.`
Mayor Henderson said he hoped people who had to comply with the
Ordinance could understand it --the Council was havikj a hard enough
time understanding it,. Some people might thing that a waiting line is Corrected
a waiting area. See Pg. 176
4/15/80
Roy Abrams said he would try to expand the definition in the proposed
ordinance.
Vice -Mayor Sher expressed concern about the advertisement which
appeared in the Agenda Digest re this issue. He wondered if both
recommendations of the Policy and Procedures Committee were advertised
since the Council Agenda lists only the one about posting a sign.
City Clerk Ann Tanner explained the Agenda Digest contains only a
condensed version of the agenda item.
Vice -Mayor Sher thought it might be a good idea to suggest that the
City Attorney draft the ordinanc? as recommended by the Committee and
then Council can review it at the next meeting and people can co nt
on it.
Councilmrember Levy asked for a clarification of the issue being voted
on.
Mayor Henderson said a policy had been recommended by the Policy and
Procedures Committee and the City Attorney was being asked to prepare
an ordinance to reflect that policy.
Cori lamer .Levy said he did not think an ordinance was necessary.-
* pointed out that many large retail establishments and mall
establishments ishments already prohibit smoking. In regard to banking
establishments, it appears to his in his many visits to them, there ,is
really only aR modest amount of sacking going on, and the nature of the
banking establishment is usually a large romm a hich is very well
airedt and he feels the effects of making are very small.
Therefore,he intends to vote against the motion.
Vieet-Nayrr Sher reminded Council that this is ue haibeen discussed on
previous occasions,, end the approach being suggested for this
ordinate bad been received favorably by the Chamber of Commerce and
others. He said voting to direct the City Attorney to draft an
ordinance does not i rrevoeab l y commit the Cou i l . He would , l i kt to
see the types of ordinance drafted by the City Attorney to see if it is
similar to the City's theatre ordinance that limits stein to the
lobby areas but doesn't permit it in those portions of the
establishment where people are confined.
Mayor. Henderson said the motion old be divided.
FIRST PART`,PARTAF LION PAID: The portion of motion pertaining to
smokine being prohibited with respect to retail -commercial -banking
estarbl is Bets, in are used solely as, lobbies or waiting areas or in
restrooms passed on the following vote:
0'g7
8/$/00
AYES: Fazzino, Fletcher, Henderson, Renzel,
Sher, Witherspoon
NOES: Levy
ABSENT: Brenner, Eyerly
Councilmember Levy wanted to know how an ordinance could prohibit
something and then not have a penalty if the ordinance is not
enforced. He asked if there was some way a sign could be required to
be put in meeting rooms without having to pass an ordinance.
Mayor Henderson said the purpose of the ordinance is to require
posting of signs, and after that there would be no penalty if people
smoked., in spite of the sign requesting that they not do so.
Councilmember Levy said he would like to see a requirement that signs
be posted in meeting rooms.
Councilmember Fazzino clarified the intent of the ordinance by saying
it would require signs which stated 'that cooking be prohibited* but
that the ordinance language would not have that prohibition in it.
City Attorney Roy Abrams stated that in a telephone conversation with
Councilember Levy he had informed him his understanding of discussions
at Committee meetings was that a standard be established for the
conduct of citizens of Palo Alto whin would prohbit smoking in places
of private employment, with the exception of offices. He stated the
absence of penalties in the ordinance is permissible. There are other
remedies for enforcement, such as an injunction, which would be more
difficult to enforce and therefore he emphasizes the necessary
cooperation in order to make this law work. But, the standard of
conduct mast be established.
Councilmember Levy said if the requirement language stating "that
smoking is prohibited* is necessary in order to accomplish this, then
he would certainly ask this be put in the proposed ordinance.
Councilmember Fletcher said her understanding of the Committee's
recommendation is that the signs not necessarily say smoking is
prohibited, but have a request asking for consideration of your fellow
humen beings. In that sense the City .is setting a standard for
behavior, but not prohibiting anything.
Roy Abrams ezpl ai ned the standard of conduct that saw i ng is
prohibiter could be in the ordinance but the specific lam would
not ban, to be on the signs. What the City cannot do is eetablish
compl i aye of a policy rat and expect an emp 1 o, to notify their
employees by posts a sign or placing enotice in their paycheck
envelopes of the poicy. The City is authorized to estabr l i sh
regu 1 atory measures . A rat for vo l unta ry T c ►1 i awe can be made
but then it cwt- `be enforced.
Mayer Henderson pointed out the sign can read whatever the Council
wants it to read.
Count i 1 Levy suggested that the ` sign which is posted not say
*smoking is prohibited" and not cite a specific Palo Alto ordinance,
He thought that if the City advert i d it has an ordimance but, in
fact, dui not enforce the osrdinance, then the person who wants to see
sooting curt, iltd will not realize it is an ordinance which the City
does not intend to enforce.
SECOND P ' O i ION PASSED: The portion of the motion that the City
Attorney prepare an trdinamce reqviring all private employers to post
o sign in meeting roam that asks employees tc please not. Vie, and
states that smoking is prohibited but that there be no penalties
0$I
excc pt for not posting the sign, passed on a cianimous vote, with
Brenner and Eyerly absent.
Councilmember Brenner arrived at 8:25 p.m.
CONDOMINIUM COIL 1ERSION PROJECT
Counciir>rewber Levy had two questions regarding the ordinance. His
first question dealt with the portion ofthe ordinance which states
"The form shall state that such tenant, by signing said statement,
irrevocably consents to such conversion, Such form shall also state
that conversion may require the tenants to find other housing and to
relocate outside the City." His understanding is the wording Council
approved was that lifetime leases would be mandated and therefore
tenants would not be required to move.
City Attorney Roy Abrams said the language is in the existing section
of the ord i nance and was left in there, and the reason it was left in
was that the following paragraph provides for a six month moratorium
on condominium conversion, perhaps subsequent changes would occur at
the end of the six-month period. Mother reason is that the City is
requiring the convertor to offer lifetime leases and, technically
speaking, the ordinance may require tenants to look for housing
elsewhere if they do not want to sign a lifetime lease.
Councilnember^ Le: -y found the wording very confusing and said he would
like to see it clanged.
Councilrrember Levy also questioned the portion of the ordinance which
states ".,.that tenants will have the opportunity to remain in the
converted dwellings either as owners or renters for the life of the
condominium conversion projects or thirty (30) years whichever is
longer...." He thought the wording was wr oeg and should read
"whichever is shorter.," You can't offer someone a lease longer than
the life of a project.
Roy *rams -eid it would be a requirement which would offer the longer
of the two, either 30 years or the lifetime of the project.
Council r Levy asked what would happen if the project only lasted
20 years. Roy Abrams said he sari the point Cott i lE ber Levy .was raak i ng and
that he would weak on that language and .that perhaps this i 4S could
be continued unt i 1 der wording is drag up.
Mayor Henderson pointed out the ordinance is providing for r a lifetime
leases but does not stater any teams for the E ifet ime tease.:. A owner
could offer a lifetime lease, but the rates would be too high for
tenant 'to remain in the project. He felt -there should be a limit to
the amount charged.
Councilor del said the. issue had been discussed and it had been
decided that because the lifetime lease was an inducement to signing
approval for= the condominium cOiversioni.people would not sign unless
they fob the tee favorable.
MOTION: MOor°. Henderson moved ceded by Fazzino, to continue the
item to the end of tt%e Via.
Councilmember WitherSnoaft: wed if-she'would be able to participate in
this since it appearod to be a general wiry -City Ordinance.
Roy Abrams ansiered she would be able to participate.
MOTION PASSED: The motion passed on the following vote:
AYES: Brenner, Fe zino, Fletcher, Henderson,
Lev,, Renzel
A4STAIN: Sher, Witherspoon
PBSENT: Eyerly
CONTRACTUR?L ARRANGEMENTS FOR
rivrorpxrPr
Manor Henderson asked City Manager Bill Zaner if he had anything to
add t) his staff report. He did not.
MOTION= Moved by Counci1nember Fazzino, seconded by Witherspoon, that
the City Council approve the attached agreement to engage Chief Korff
as a management consultant for the Fire Department, subject to the
term and conditions contained therein.
AGREEMENT BETWE7N CITE' OF PALO ALTO AND
WILLIAM J. KORFF
When asked by Mayor Henderson when the n w chief would be hired, Mr.
later said there would be a slight overlap at the very end of the
fiscal year, probably toward the end of May or first of June, 1981.
Councilme ber Fletcher expressed concern abot!` the intent of Chief
Korff to retain his duties just as they are now.
8i11 Zaner explained someone in the Fire Department would be asked to
act as the Fire Chief during the contractural period. Mr. Korff's
duties would be set forth in the agreement, which would include a
general overall coordination.
Councl le er Fletcher said that the portion of the agreement dealing
with compensation for transportation needed to be clarified.
Bill Zaner said this was to provide transpartion to City Hall and back
home, and that would be the only transportation provided.
Councilor Fletcher said that, to her understanding, Council policy
was that transportation be provided only for being on call for
emergencies, and in this instance Chief Korff old not be on call for
emergencies.
Bill Zaner :owed - this was ice, andnormally Chief Korffhe old not
be called to go out on emergencies unless the were a major fire in
which in would respond and act as a_ coordinator.._
AMENDMENT TO NOTION: Councitommer Fletcher aged, seconded by Levy,
that the portion of the at which pertains to providing
transportation to and fray+ home be del oeted . . .
Councitmember Fazzino said he d#sl1k 1regatiating contracts in this
ter. Ha would prefor to send the agent to Committee or see
oe the Counc i 1 to deal with Nr. Zaner on a more informal bau i s . He
was sure NO. Zaner had d agreement
'fated the with Mr. Korff and he
saes no reason to enttp1cat it :ince it appears to be very
rile.
Bill laeer said the agreement which had been upr' +ed out with thief
Korff is a fair one and, normally when hired, a consultant 1s paid
portal-to-portal for his services:
00
8/4/00
Vice -Mayor Sher thought it was an unusual procedure to follow when
there will be a change in a top management position. He wondered if
this new system would set a precedent
Bill Zaner thought
service and a life
overlap to provide
it would not. The Fire Department is an emergency
safety service which requires some coordination and
for a smooth transition.
AMENDMENT TO MOTION FAILED: Amendment to motion failed on the
following vote:
AYES: Fletcher, Renzel, Levy
NOES: Brenner, Fazzino, Henderson, Sher,
Witherspoon
ABSENT: Eyerly
MOTION PASSED: The main motion passed on a unanimous vote, Eyerly
absent.
Councilor Levy asked 8111 Zaner the age of Chief Korff, and
Mr,Zaner replied he would be 56.
Counci limber Levy said his understanding was the pension plan is
conducive to retirement around the age of 55, and that it really is
such that employees will lose money if they stay after that:.
Bill Zaner said a person wouldn't actually lose money, but in this
instance, for example, Chief Korff's salary upon retirement would be
approximately 5200 less per month.
Councilmember Levy commented it is unfortunate that with the system in
effect the City has to lose is , flight people at age 55.
SURPLUS SCHOOL. SITES -
ranummurrrumscRuk
ufsIuiii'k rrrutrurrAy
There was a request from the Palo Alto Unified School District
asking the City to postpone the proposed November revenue election re
surplus school sites so that the District could have more tire to
analyze its financial position.
}
MOTION: Councilmember Levy moved, seconded by Fazzino„ that the. City
Council inform the School Ord that in response to the Board's
request, the C cl1 will poste the proposed revenue election.
Additionally, that Council rat the Board to rescind its Resolution
of Intent to Sell Terms School, thereby removing,the Decd 1, 1980
public age dal deadline.
MOTION PASSED: The motion passed unan sly, Eyerly *sent.
NOTION: Mayor arson mowed* seconded by Fazzino, that, because the
School Board will not have a quorum for a aaeet i ng prior to the Asst
26 data, the City Council direct ale City Manager to extend its offer
fur tease of gesture to have a response date of not later than
September 16, 1900.
LION PASSED; The motion passed avani sly 7-0, Levy abstaining,
Emily absent
A.O. 3046
MertelSERVATION BILL
v r
Counci lmember Fletcher called the Comnci l's atton41,n to the staff
report wing this ice, together with her memo to
101
C unci lmeuber-s. She reported the Serrate i ;nance Committee would be
hearing AB 3046 this week and that this legislation would mandate a
statewide residential conservation program which would impact on the
programs the City has. A.B. 3046 would preempt local energy
conservation action. She added Palo Alto's program has been in the
forefront of conservation programs which have been very successful.
She would like Council to communicate to the Senate Finance Committee
the City's concern regarding the proposed amendment.
MOTION: Councilmember Fletcher moved, seconded by Renzel, that the
City Council contact the Senate Finance Committee on Tuesday, August
5, 1980 to seek the following amendments to AB :4046 (July 11, 1980
version). (1) Deletion of Sections 25450 and 25452; (2) Elimination
of the specified lending terms, or retention as suggested, but not
mandatory terms for conservation loans; and (3) That. the Mayor be
authorized to phone or send a telegram in opposition to the section of
the bill which would take away the right of local cities to formulate
their own conservation programs; and finding this an emergency.
Councila ber Renzel thought it was important for the Senate Finance
Committee to know what the City's concerns were.
Councilmember Fazzino said he supports the major portion of the Bill
and would have liked more time to study it in detail. He too feels it
is very important to retain the local option. One concern he has is
the mandatory residential conservation program idea. He is not ready
to support that concept yet. He has no problem with madating
conservation measures of this nature, but he does have a problem with
having to have a residential proposal. Therefore, he will abstain
unless he can vote for just part of the motion
Councilawmber Bremner said she would support the motion, and that we
all owe Councilmember Fletcher a debt for the conscienticus job she
does in following legislation closely.
Councilmember Fletcher dented briefly on Councilmember Fazzino's
comments. She stated these are not only energy conserving measures
but also money cansery i ng measures. She did want to ask the City
Attorney if this would have to be declared an emergency in order to
take 1 ediate action,
Roy Abrams said the City should declare an emergency since this is a
new bus i mss item and that it should be i nc l ended in the mot ion .
Voting on the emergency motion was divided irto three sections with
the following vote:
SECTION (1) OF Tli( mGTIOa$ P'ae7s Sochi a (1) of the motion. passed
8-0, Eyer ly absent.
SECTION (2) OF THE MOTION PASSED: Section (2) of the metion passed
8-0, Eyerly absent.
SECTION (3) OF THE MOTION PASSED: Section (3) of the motion passed
6-1~ 1, Fazzino voting *no , Levy abstaining, Eyerly absent.
SEWAGE SPILL IN SAY
Vice-Vice4ayor Sher referred to the c aper article re sewage spi 1 l
at the Sam Jae Plant. hie said he knew Councilmembers were as
concerned as he was meat this. icy ; at the spill not only was
partially treated sewage but also lti laves gmamtat1es. These spills
have a direct %pact on Palo Alto and other cities around the bay.
The last spill killed thousands of fish and marine life. This also
relates to the South Bay Discharging Project which the City has been
resisting in recent ,rears on the ground that it was environmentally
detrimental and would involve a large amount of money. He said he
knows the State became involved after the first spill at the Plant. He
feels it is ircortant for the City to do something about the situation
and suggested sending a letter to the Governor and the appropriate
water quality board expressing Palo Alto's concern and requesting
investigation of the spill,
Vice -Mayor Sher said he knew there were bills pending in Sacramento on
this issue which would give cities with sewage treatment facilities
the tools needed to upga adze their plant, but a lot of the problem is
that there are federal monies available for building these plants, but
after they are built there aren't sufficient funds or personnel to
maintain or operate them. He thinks San Jose is suffering from this
problem. He would like to see legislation that would give cities the
necessary tools to manage their plants.
MOTION: Vice -Mayor Sher moved, seconded by Fazzino, that Council
authorize the Mayor to send a letter to the Governor and to the
appropriate water quality control board to express corticere over the
recent spill in the bay and request appropriate people to investigate
the spill and to deal with the spill at the San Jose Plant, and that
this action is considered an emergency.
Mayor Henderson expressed concern with writing to the Water Quality
Control Board in that it might push them into saying a pipeline is
needed. As yet, he knew of no action taken by the Regional Board
about the South Bay Dischargers Proposal, so they haven't begun the
monitoring program they talked about.
Vice -Mayor Sher said the Board is not going to overlook what has
happened in San Jose. He is not suggesting that alternative methods
of dealing with it be imposed on San Jose, but he does think the
problem at the San Jose Plant needs correcting.
Mayor Henderson said the Federal Government has made it known it is
not going to provide finds for air quality programs or water quality
programs because the State is not meeting federal air quality. '
standards. The. program is suffering from something entirely separate,
but that is what has been hanging over the State at the Present time.
Councilmember Renzel said Palo Alto, as a City, is definitely
concerned about the spill at the San Jose Plant and she wants to see
it fixed and works q properly.
Councider Pletcher had a question'pegarding procedure and asked if
this item was urgent enough to act on it this evening.'
Vice -Mayor Sher said his understanding was that a letter could also be
written in response to a motion.
Roy Abrams stated that the fact the sewage spill has occurred awakes
the issue an urgency.
MOTION PASSED: The motion passed unanimously, Eyerly absent.
MING DATES
Isar Menoerson said staff had requested special meetings on September
16 and September 29 for hearings on amendments to the Comprehensive
Plan:
The dates of September 16 and September 29 were acceptable to the
Council.
The meeting of September 2 and September 8 were also discussed. The
City offices will be closed on September 1 because of the Loboor Day
Holiday, and the Council would normally meet the following day,
September 2. The greeting of September 8 is the day before the
Permission Day Holiday. Mayor Henderson said it had been suggested one
of the meetings not be held, and staff had suggested the meeting of
the 8th be cancelled.
A brief discussion followed on which dates would best suit the needs
of individual councilmebers.
Council was polled and it was agreed the Council meeting would be held
on Monday, September 8, and there would be no meeting on September 2,
following the Labor Day weekend.
CONTINUATION Of THE CONDOMINIUM
Tom pa9 100 )
City /�Attorney Roy Prams suggested the following language for the
ordinance.
Section Paragraph of SECTION I:
"It is further provided that a condominium conversion project where an
application is made during the moratorium which meets the _errant
consent requirements of this subsection which provides assurances that
tenants will have the opportunity to remain in the converted dwellings
either as owners or renters for the expected life of the condominium
conversion projects, but not less than 30 years, shall be exempt from
the moratorium.' and also, "Owing said six month moratorium period
the consent form shall not state that the conversion may require the
tenants to find other housing and to relocate outside the City."
Councilmember Levy still thought the mention of 30 years was confusing
to him.
The question was raised as to whether the ordinance meant the life of
the condominium or the life of the person.
P.ouncilimber Renzel said she knew there was confusion about which was
longer, but that it should be a minimum of 30 years and the project
might be longer.
4,
There was consideraoele discussierr about the life of the tenant because
the leases would be nors.traasferalale.
Roy Abrams said that portion oas: left to the judgment of the
landlord. He did not think the City could deal with e, situation where
the life of the project might be shorter than 30 years, but if the
life of the project ended before 30 years, then the ; lease would
terminate before 30 years.
Councflieeiber Levy suggested the following wording: Changing the word
"longer' td- °bass;," so that it mold react'"... the life of the
condominium conversion project or 30 years, wir i chever is less . " In
this way, the renter _ can stay as to as the project is there.
icy Abrams said iii Levy's wording mould allow a 30 year
maximum term. The oar wording old tend to establish a terse of not
less than 30 years up to the expected life of project,: not of the
tenant.
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Councilmember Renzel said she thought the need for the language was
due to the fact that there are some properties unaer _ land leases which
limit the term of the condoainium project but, in most instances, this
would not create a problem. The irtent was to make make 30 years a
minimum, not a maximum. The period of time was put in to encompass
reasonable life expectations.
Mayor Henderson agreed that since this was not referring to the life
of the tenant, it was the teae to guarantee that lifetime leases would
be given, so the word 'longer' is needed,
Roy Abrams explained what is intended by the language is that if the
lifetime of the project entends beyond 30 years, then that provision
will be applicable.- In other words, the law would say that where the
lifetime of the project is shorter than 3n years, it is not possible
to give 30 years, consequently that portion of the section would rot
apply.
MOTION: Councilmember Levy introduced the following ordinance and
moved, seconded by Renzel, that it be approved, with the addition of
the new language suggested by City Attorney Roy Abrams.
ORDINATE NO. 3220 entitled
VETIMEThNCIL OF THE CITY O
PALO ALTO AMENDING SECTION 21.40.050(c) OF
THE PALO ALTO MUNICIPAL CODE APPLICATION FOR
APPROVAL OF TENTATIVE OR PRELIMINARY PARCEL
MAP FOR A CONDOMINIUM CONVERSION PROJECT
MOTION PASSED: The motion passed unanimously, Eyeri,y absent,, with
record to show that Sher and Witherspoon did not participate in the
new language or in section I.(c) of the Ordinance.
ORAL COMMUNICATIONS
None
ADJOURNMENT
The meeting adjourned at 9:30 p.m. to an Executive Session re
Litigation and Personnel.
FINAL ADJOURAMENT
Final Adjournment time WAS 11:40 p.m.
A • IRM:
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1 !
APPROVE: