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HomeMy WebLinkAbout1980-10-27 City Council Summary MinutesCITY COUNCIL MINUTES CITY ©F €LO ALTO Regular Meeting Monday, October 27, 1980-7:30 p.m. ITEM PAGE .,..tea.. Approval of Minutes 3 6 0 ORAL COMMUNICATIONS: 1. Sue Cottle, 971 Mears Court 3 6 0 2. Frank D. Manfredi, 219 Addison Avenue 3 6 0 CONSENT CALENDAR - Action Purchase of Topsoil for Palo Alto Landfill 3 6 1 Greer Park -Project 79-35 3 6 1 Resolution Recognizing Athletic Achievements of Terri Baxter 3 6 1 Resoihtion of Appreciation to Donald A. Way 3 6 2 Downtown Park North 3 6 2 • Ventura School Site Acquisition -Palo Alto Unified School District 3 6 4 Ordinance re Landlords Offering One -Year Leases and Establishing Just Cause for Eviction 3 6 7 Condominium Conversion Ordinance 3 7 1 Preliminary Investigation of Palo Alto Civic Center Garage 3 7 3 B.ylands Bicycle Path Project 78-39 3 1 4 Request of Mayor Henderson and Counciltaember Fazzino re Tree Management Program -Referral to F&PW Committee • 3 7 6 Mayor . Henderson re Applicants to Fill Human Relations Commission - Vacancies 3 7 6 Communicatioits Frank Manfredi, 219 Addison Avenue 3 7 7 Adjournment f. 3 7 7 Regular Meeting October 27, 1980 The Council meeting of the City of Palo Alto was called to order on this date at 7:30 p.m., Mayor Henderson presiding. A study session related to the pe posed Bryant Street Plaza, presented by Hare, Brewer & Kelley, had been held at 6:45 p.m. PRESENT: Brenner (left meeting at 10:50 p.m4, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renee', Sher (arrived at 10:20 p.m.) ABSENT: Witherspoon MINUTES_meemeOF SEPTEMBER 8, 1980 ememememm mmummeemmeeeememmmw Mayor Henderson corrected the third line from the top of page 166. Councilmember Brenner corrected the third line from the bottom on pages 170 and 171. MOTION: Councilmember Fazzino moved, seconded by Fletcher, that the minutes of September 8, 1980, be approved as corrected. The motion passed on a unanimous voice vote, Councilmember Witherspoon anti Vice -Mayor Sher Absent. MINUTES OF SEPTEMBER 15, 1980 Mayor Renderson asked that a correction be made in the first paragraph on page 187. Councilmember Fletcher asked that on page 187, the first paragraph, second line, the word "commission" be changed to "agencies." Counciloenber Fletcher asked that on page 187, fourth paragraph, second line, the word "Cse1Traans" be changed to "Transportation Commission.' MOTION: Councilmember Fazzino moved, seconded by Fletcher, that Council approve the minutes as corrected. The motion passed on a unanimous voice vote, Councilmember Witherspoon end Vice Mayor Sher assent. ORAL COMMUNICATIONS 1. Sue Cottle, 971 Mears Court, spoke regarding. the Downtown Market Committee's point of view on the Bryant and Plaza proposal. 2. Frank D. Manfredi, 219 Addition Avenue, deplored inflation of the present time as it showed itself in mortgage rates, gasoline costs, and the like. Councilmember Levy left the Councilehamber at 1:50 p.m. CONSENT CALENDAR Mayor Eeesaderson removed the matter concerning condominium conversion; the following items remained on the Consent Calendar: 41'efeergsi 3tas ss nee 3 6 0 10127/10 Action Items PURCHASE OF TOPSOIL FOR .:484:0) Staff recommends that Council approve the budget amendment transferring $275,000 from Refuse Reserve Fund for System Improvements to the Refuse Operating Budget for purchase of soil for landfill closure. ORDINANCE 3239 entitled "ORDINANCE IMITITTM,TrIungT FOR THE FISCAL YEAR 1980-81 TO PROVIDE FUNDS IN THE REFUSE UTILITY OPERATING BUDGET TO ENABLE ORDERLY PURCHASE OF TOPSOIL FOR THE PALO ALTO LANDFILL CLOSURE." GREER PAR!C--PROJECT 79-35 (CMR:4f,2:O Staff recommends that Council approve a change order of $45,000 to the contract with Watkin and Bartolusai for the installation of two backstops, fencing, and related work, at Greer Park. There are sufficient funds remaining in the project to construct these improvements. ONE-YEAR EXTENSION OF THE JOINT EXERCISE trir torwirrarrrerbtorrtrtrimirrtyranorsiarrirrtimE, :40 Staff recommends chat Council approve the "Agreement to Extend until January 1, 1952, the Joint Exercise of Powers Agreement." AGREEMENT TO EXTEND UNTIL JANUARY 1, 1982 -- JOINT EXERCISE OF POWERS AGREEMENT NORTH SANTA CLARA COUNTY MUNICIPAL SOLID WASTE MANAGEMENT CITY OF CUPERTINO, CITY OF LOS ALTOS, TOWN OF LOS ALTOS HILLS, CITY OF MOUNTAIN VIEW, CITY OF PALO ALTO, CITY OF SUNNYVALE, COUNTY or SANTA CLARA MOTION: Councilmember Renzel moved, secon:led by Fletcher, that Council approve the Consent Calendar. The motion passed on a unanimous voice vote, Co4ncilmember.s Levy and Witherspoon and Vice Mayor Sher absente RES0LUTIO :- RECOGNIZING ATHLETIC "rs'illfrhiurdInitrift Mayor Henderson observed that Ms. Baxter had won the 100 -yard breast stroke to become the Central Code champion and had mad" other aquatic achievements toward qualifying as a 1980 Olympian. NOTION; CouncilmenLer Fassino introduced the following resolution, and seconded by Councilmember Renzel, moved its adoption by Council. RESOLUTION 5845 .entitled "RESOLUTION OF THE COUNCIL UVt*E CITA OF PALO A:.T0 RECOGMIE ING THE ATHLETIC ACHIEVEMENTS OF TERRI BAXTER OF PALO ALTO HIGH SCHOOL AND CONGRATULATING HER 01 BECOMING A 1980 OLYMPIAN.-' The motion passed on a Oaanimons voice vote, Couucilaemberd Levy and Witherspoon amd Vie* Mayor Sher abemut. .1 6 1 10/27/80 RESOLUTION OF APPRECIATION Mayor Henderson commended Mr. Way's work with the Human Relations Commission from 1978 to June 10, ?980. MOTION: Councilmember Fazzino introduced the following reso- lution and, seconded by Eyerly, moved its adoption by Council: RESOLUTION 5846 entitled 'RESOLUTION OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO DONALD A. WAY FOR OUTSTANDING PUBLIC SERVICE AS A MEMBER OF THE HUMAN RELATIONS COMMISSION." The motion passed on a unanimous voice vote, Councilmembers Levy and Witherspoon and Vice Mayor Sher absent. MOTION: Mayor Henderson moved, seconded by Fletcher, that the matter concerning Downtown Park North be brought forward. The motion passed on a unanimous voice vote, Councilmembers Levy, Witherspoon, and Vice Mayor Sher absent. DOWNTOWN PARK NORTH (C?IR:48b:0) Mayor Henderson noted that the staff report recommended that Downtown Park North not be designated as a pasuive park and that volleyball play be allowed to continue but on a three- month trial basis beginning April 15, 1981 under regulated conditions as specified !,n the report. Mark Vermillion, 115 Waverley, asked that Council not pass ...any regulation, ordinance or rule that would inhibit the use of the park as a place for the neighborhood to recreate and to enjoy." He compared Palo Alto to other places he had lived and praised its sense of commmnity; activities such as volleyball contributed to that feeling, for participation in ti t activity had led to inclusion in other social events. Cherri Nelson, 422 Palo Alto Avenue, reviewed the personal pleasure she obtained from the aociability made possible through the neighborhood volleyball game, She did not want Council to restrict use of the park. Ken George, 736 Coastland Drive, described the people who composed the group of men and women who played volleyball, characterizing them as "...truly a heterogeneous group," membership in which' group lead to many other activities for him and others. He thought the group and the City's Recreation Department had reac' ed '...an agreeable compromise." He agreed that condition of the turf was a realistic issue at the park. He spoke of efforts on the part of members of the group to police the litter, traffic and noise to a minimum, and he thought a formal City ruling was not necessary. Susan Dunlap, 236 Hamilton praised the aocisl inclusiveness of Tuesday volleyballlers. She felt the noise of playing the game was acceptable, she said; she reviewed the social advantages of the predictable scheduling of game tine, Ed Viechmeyers 33: Kipling, reaffirmed the 'spirit of community' volleyball players at Downtown te.rk Worth embodied, in his opinion. Re asked that Council "...give highest priority', to enlarging the park. Ida Hynes, 284 Waverley, agreed with the foregoing speakers, qualifying her approval of their researks with the statement . she theugkt the park was :too email for the kind of use it was given to; she asked ---for spiody. enlargement. Walter Sedrika, 325 Waverley Street, reproached Council for not contacting officers of an organization he said had been founded to preserve Downtown Park North, or informing the officers that wove action was being taken. He said Council was aware of who those officers are. Counzilmember Eyerly said he thought staff recommendations were good; he thought that staff could, en addition, give Council a report on the feasibility of making the area at the site of the razing of the house on Hawthorne into a volleyball court. MOTION: Councilaaember Eyerly moved, seconded by Fazzino, that Council approve the staff recommendations (1) that Downtown Park North not be designated as a passive park that would completely prohibit all forma of sports activity, specifically volleyball; (2) that volleyball play be allowed to continue at Downtown Park North but on a three-month trial basis comment - log on April 15, 198l, and under regulated conditions identi- fied in staff's report, Attachment C. Councilwember Brenner expressed pleasure at hearing more Downtown Park North neighbors; she favored continuation of the volleyball games as -proposed in the circumstance sketched by Councilmeaoeber Eyerly. Couneileaember Renzel observed that neighbors to the park had known of the park's existence when they took up residence and so they would not only vn joy the presence of the park but also could anticipate that sports activities would take place there. She noted that if she owned a house and wanted to have volleyball games there would not be much to stop those games -- Council, however, was expected to regulate the same activity when it took place in a park. Apropos of the current identi- fiable players, what would Council do were a new group of players wish to play on other days? Scott Catlett, Director of Recreation, replied that he did net think the park was big enough to permit the kind of volleyball now being played for three days a week; if another group were to form and wish to play, it would have to join the Tuesday group. Councilseaber Levy returned at 8:20 pee. Councilmeaber 8.euael said she was reluctant to have Council set a fisrmal pattern that might result in the City "bozing in what actually can happen in our parks." She noted that ea nearby community, Los Altos, voted down parks becauahe it did not Want people to gather in them. She said she wondered If formal.tegulatiou eery needed since the current volleyball group had agreed to *Poke* stipulations. Councilmeeber Levy joined with Counc.ilmeeber ken -eel's comments; he said .he -thought guidelines were being proposed by the City, not strict regulations. MrF Catlett said the staff recossendatios.e would ` become City recreation operating rules. CouncilMe ber Levy sold he preferred that City suggestions stay ins the .sense of guidelines. Re thought the meetings preceding this one, behash Park p.raoaneal and neeighbora, has real value. Carleen 'gedwel1, Director of Community Services, agreed that the lees regulation there wee for use` of the parks the better. The reguler ova wouald - be p eet*d j st.UU !mitt report b*aek to . sash after -a time --song" .avaluietton of their effect. Councilmember Fazzino said he liked to Lave matters such as volleyball to be settled among principals, and not have to come before Council. He liked the motion before Council and would vote in favor of it. Mayor Henderson recalled to Councilmembers that the subject park was to have been a passive park. Until the park was enlarged to a complete block neighbors should be buffered from the noise as much as possible. He said he would vote against the motion. MOTION PASSED: The motion that Council approve the staff recommendations passed on the following vote: AYES: Brenner, Eyerly, Pazziuo, Fletcher, Lery, Renzel NOES: Rendereon ABSENT: Witherspoon, Sher MOTION: Councilmember Eyerly moved, seconded by Levy, that staff investigate the possibility of providing space for minimum development of a volleyball court on the site of the building to be demolished on Hawthorne Avenue. The motion passed on a unanimous vote, Vice Mayor Sher and Councileember Witherspoon absent, VENTURA SCHOOL SITE ACQUISITION T {Pes;USD (CHR:483:O) Mayor Henderson pointed out that before Council was the school district's counter offer is response to the offer the City had made about three Months ego. Jean Diaz, Real Property Administrator, invited questions about this staff report. Councilmember Levy asked if there are any time limits on the various restrictions placed on the City regarding the school site acquisition. Mr. Diaz said there Was no time limit --the conditions would run in perpetuity as long as the City owned the property and it did -not_etzerciee, ira - option to repurchase. Denny Petrosian, 443 Ventura Avenue, praised the staff report; she feared that the matter would become unduly complex if it were reopened. Slag wanted to avoid further delay after all her aeighbortbood had been through already .. She thought the amount of money to ' be paid ewes. , ..yell vi ' ni' ;the tolerance -of a normal real estate transaction." Pub4:ic ervice agencies who were to be the tenants should -have time'-- ante`; assurance to make their plans. 3 Christine Doan, 602 Berry Court, Mountein View, reminded the Council that site and .other member* -of Pair Aito ,Child Care Center ware awaiting Council's decision t"i.et , t ening; PACCC .said that ,tettiement of the. Ventura matter ► sa necessary for it to begin pKepsretLou of grant proposall "for - programs it planned. Barbara Storm,'' 3920 V* utura Court, said thatcbiidreo in the. area bed to play is :the' streets et pre sent, and - sottlement cf the V.etara site would sake it possible for them to• he on -the playground instead. 3 6 4 10/27/80 David Jeong, 4056 Park Boulevard, observed that he thought one of the conditions of the Ventura matter was that the school itself could not be reopened for two years from date of settlement of the purchase of the site. He thought Council should "seize the opportunity" to get the property at its proposed price. "We hope that you don't use the Naylor bill to try to beat down the school board." William Thompson, 410 Wilton, said he thought the Ventura playground would serve as a bridge between the more affluent community and the less that now flanked the playground. He thought the Ventura neighborhood was successfully integrated, more so than other cc maunities on the peninsula; he did not want that to deteriorate. Though he thought the additional $45,000 requested by the school board "added insult to injury" he felt Council could take that increase in its stride. Dui Anholt, 230 Maclane, said her property bordered on the Ventura site; she is a mother as well, and those two conditions led to her urging that Council accept the school - board offer. Oriana Anholt Johnion, 230 Haclane, seconded her mtther's comments. Joan Fisch, 981 Blair Court, spore as president of PACCC Board of Directors. She said the Board supported the staff report and urged acquisition of the property. Steve Mylroie, 415 Fernanco Avnue, emphasized theet the need for the school cite was as great as ever. He said he would not presume to tell the Council how it should make its decisions hit he thought that under the circumstances, the site should be ?:urchaeed. Louis Fein, 1540 Oak Cl eek Drive, reviewed his .__•mmezts of some tiae back when he ha-; predicted the school board would ask for more money, He said the school board had "...money coming out of their ears." and Council need not make finaactal .seed of the school board one of its criteria. NOTION: Mayor Henderson moved, seconded by Renzel, that Council authroise the Payor to execute the Palo Alto Unified School District's counter proposal as reflected in the purchase agreement. Ccuncil*taber trenner Maid she thought Council should authorize the purchase, though, as a taxpayer ;he thought -{t was '...takisg money out of my right—hand pocket and putting it in my heft -hand pocket." She mats glad that Council was conducting -a very important `cootrect that kept an unused school its in public use. Councilmember ,Levy said the City had made as offer on the property some time beck, and the City was, by law, given right of first refusatl. Deed testricttons had been attached to the property that mo private developer ould deal -with, he said. Re reviewed - the *lamest. of the City's fitet offer, to the :cbool board. Re said be tought that .the school dis=trict's counter offer was not fair and that the two parties should negotiate further. PAUHD's restrictions had removed Ventura from the privets market and 3owgrod its Market value. Hr. Dias had said that the PADBD offer should be substantially leas than his (Mr, Dias's) appraisal. at gave his reasons for -- mat wanting to act in baste and tie up what might be possible in_the future *ad met yet .fore ota. CogscilmesherL,evy paid he would see if any .of the Coeueiligaa sea ss►pporthe3- bit sta.eece —lif Joe„ he semis. auks w+tiees apropop to his etaireseeteo Mayor Henderson a::tied Mr. Diaz to comment on the financial ramifications of leasing the property thereby maintaining the bulk of the capital and earning interest on it. Mr. Diaz replied that according to the Naylor Bill open space acreage had to be made available to public agencies at not more than 25 percent of its then current (January 1, 1981) market value, aid with the rapid appreciation of property values in this area the market value could rise. Councilmember Rental said she favored keeping flexibility for the school sites. For that reason she found the PAUSD restrictions reasonable and in ?he City's public interest. Councilmember Fletcher said she did not want to delay accepting the PAUSD counter offer, since some members of the board were oppose to the sale of the property. PACCC might lose out if the school board rented the facility to the highest bidder. Councilmember Fatzino said that :tinge passage of Proposition 13, the City had received "...nsny pleas from the school district to support the district wheeever possible." He noted that the "ity had been negotiating about the Ventura site for one and one-half years. During that time the City had viewed itself as a source of possible income to the school district. The City had made a fair offer five months age for the site to maintain it for the neighborhood that had felt closure of the school very keenly. He deplored mainfest.ations of bad faith on the part of the school board during negotiations. He cited "bungling" on the part of the PAUSD and he thought that if the counter offer were not accepted, the City would appear to be the villain. He did not think that any of the agreement should be binding precedent on the board or the community. He praised Mr. Diaz's work in bringing about the negotiations thus far: he questioned the propriety of a public board negotiating with City staff --next time he thought the Msyor and a committee of couacilsembers should go directly to PAUSD board to seek agreement and general guidelines, then let respective staffs "..haggle ewer details." He observed that feetjSD was accountable to the same citizens the Council was accouettable to. Councilmember Eyerly saidd-he bad been perturbed about how negotiations had been carried on over the past one end One-half years. He thought the process could be streamlined since both PAUSD and the City served the same people. Re said be thought Alan Diets, as a representative of the Firemen's Unl;n and working vitst the City for firemen's negotiations, strd serving also on the school board, constituted conflict of interest. Councilmeabar Ryerly hoped that Eifel Young's and Davis'e presence on the sc.eo1 board had not slowed down the negotiations.. That delay led to the $44,960 being tacked onto the purchase price, he said. Conacileember Eyetly thought Council should give the Mayor 'authority to negotiate the contract and also to negotiate the $44;960 out of the contract, since the delay that led to that increase* had been occasioned not, by the City but by the school district. .. Councilneeber Eyerly moved, seconded by Fazzino, that along with -the authorization of the Mayor to execute the contract, th.•. Council. also give authorization for the Mayor to make "good faith" efforts to delete the increase of $44,960 inflationary upcbarge from the contract. Councilmembber aye;ly ascertained from lir. Dias that the era`ditaa i coo acceptance by the city of the wester prepesal sae M0vosber 13. '"Councilmember-Eyerly said be moo$ put a doe aitdline of ton days on efforts to ba nada if biW amendment. Oessei. 3.6 6-'- 10/21/10 • A discussion ensued. Mayor Henderson said instructions for him to sign the contract and also re -negotiate it were con- flieting. Councilmember Eyerly said he wanted the school board to realize the City's feelings about its inflationary upcharge. Councilmember Fazzino suggested that Council send a strong stetement to the board encouraging it to alter its position. - Mayor Henderson said he thought that could be done. SUBSTITUTE MOTION: Councilmember Fazzino moved, seconded by Fletcher, that the Mayor be authorized to aign the contract, attaching to the contract "rather strong letter." Councilmember Renzel approved of the letter expressing Council's feeling; she said the City would have the advantage of the Naylor bill when the next substantive negotiations took place. - Mayor Henderson emphasized that he did not consider the agree- ment now before Council to be a precedent for any other school site negotiations. SUBSTITUTE MOTION PASSED: The motion, that Council authorize the Mayor to sign the agreement, and also send .% strong letter to the School Board expressing Council's concerns about the inflationary upcharge, passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Renzel ABSTAIN: Levy ABSENT: Sher, Witherspoon ORDINANCE RE LANDLORDS OFFERING r Mayor Henderson noted that Councilmembers had before them a report on the matter from the .City Attorney's office, along with the proposed ordinance. Roy Abrass,'City Attorney, divided the ordinance into two parts, with the second part dealing with Just -cause eviction, with precepts that had been upheld in the California Supreme Court. The first,b10.1 related to eviction but was more con- cerned with rent control. The landlord, the pro`Liased ordinance read, met offer a rental unit with an established rent, which could not be changed, for a period of one year. Mr. Abrams noted that the orsdinance did not foresee ways in which a landlord might sidestep the ordinance's provisions, such as Offering a -unit for lower rntal if the tenant did not sign a lease. In respect to current rentals, Mr, Abrams said, the lease mow ..operant .was to be extended for one more year With no rental ineteeaie, effective with the date of adoption of the ordinance. Na noted that Council had some incon- sistency in having the desire to avoid rent control, at least with the bureaucratic arbitration boards, and the ordinance created a rent freeze for at least ae one-year period. Mayor Henderson ascertained that the longer rents were frozen .for one-year periods, the more likely _court action by land- lords going to court for tent relief might be'. 3 6 7 10/27/80 Mr. Abrams said he would check ordinance on that point were n "substantial" change, and the through the "first reading" p Councilsnember Levy expressed ordinance dealt with rent c Council had sought legal sac displacement." He asked M notice for rent increase an could be changed to "60" once the leaase c pt r ;:d 3 - Mr. Abrams replied that lease expired. Councilaeember Levy hyp increases into the le Mr. Abrams said that that would not be pe written. Couzicilmenaber Levy time be required, plan ---he had not Councilssember Re lease, then in requirement. T moving costs decided bet.we Mr. Abrams provided th clad establ through th provision provision Councils the evic ordtnan Mr. Ab ur.itte Counc coul pro per Mr f Q further; if a revision in the ceded, it would constitute a ordinance. would have to go rocedure again. dismay that the proposed ontrol; he had thought the matter tion on had been "capricious r. Abrams if the required 30 days' entioned in the proposed ordinance days or did the state law takeover the state law would take over once the cther:sired a _landlord Writing several ase. as he understood what Council wanted, rasitted and the proposed ordinance wac so said he had intended that a 60 -day notice so that tenants would have more time to wanted rent control. n�.ei said she recalled wanting a one-year the second year have a 60 -day notice hat would give the tenant who had paid all the 1;j9;hi Gave predictability; that was to have been Correction - Pn the landlord and the renter. fin"that was"to"the rent was to " aid that he thought the proposed ordinance e s at; there was a 60 -day provision. The ordinance iahed one rent at the beginning and continuing twelve -worth period of the lease. The 60 -day applied to the first year, however, the 30 -day applied thereafter. ember Eyeriy asked what could be the case were none of tiona to fit into the classification; the proposed ce gave. Would suit have to be filed? rams replied (hat the proposed ordinance had been n so that the City' a involveseut woOld be aariralsaal� ilmenber Eyerly ascertained with Mr. Abrams :that . the City d not enact an ordinance which had a 60 -day notice talon at the end - of the first _tve1ve- onto lease iod--tbat would go agsiasst state law. . Abrsaas elaborated€ If a tenant felt he was being evicted or unjust cause, he, the tenant, refused to vacate the remises, then the landlord sues the _tenant, and the tenant - defends. Or then tenant could ♦sate and nue the landlord and seek to recover ."4amegea" such sea costs of moving and the like. The proposed ordinance did place the border. on the tenant to uti lee the tenant's tights, _Mr.. Abramssai4 that in mist case.* the tenants did not show up td defend their rights. A landlord could expect to be able td recover a unit in about g month!.* biaae� . UUCESS Council recessed from -9:35 .to 9:55 Ed Wischmeyer, 333 Kipling, said he had gone from renter to landlord, and as landlord had learned about leases and liability insurance. He had consulted an attorney And learned that if a tenant chose not to pay, it would cost the landlord a minimum of $500 in legal fees and three months of lost revenue needed to evict the tenant, and all with little hope of recovering the money. Those expenses and risks would force him to raise his rents. A lease, therefore, was a luxury. Herb Borock, 3401 Ross Road, said he thought the proposed ordinance was really two ordinances, one on the one-year lease and the second on just -cause eviction. He did not want Correction 1/19/81 passage of one part to bring about passage of the other part. "He did not He thought single-family resi;:ences should be covered by the want opposition ordinance; he noted that no limit had been set on the amount to the one-year that rents could be increased from the signing of one-year lease to proven lease to the signing of the next one-year lease. _ There was no passage of provision, he said, for rent -share situations, or for the other owner -occupied rentals, such as renting out a room. He part." enumerated other discrepancies. He thought reasons for the just -cause eviction should be stated in writing and given to the tenant. Robert Moss, 4010 Orme, said he thought defenses against evic- tion needed strengthening, perhaps a clause prohibiting evic- tion because a tenant exercised his/her First Amendment rights, such as right to free speech and petition. He postu- lated further refinements of tenant defenses He said he knew some tenants who had been evicted because they had reported rude violations. He said he supported Mr. Borock's comments: MOTION: Councilmember Fletcher introduced the following ordinance and, seconded by R*nzel, moved its adoption by Council. ORDINANCE ADDINC CHAPTER 9.68 TO THE PALO ALTO MUNICIPAL CODE REQUIRING LANDLORDS TO OFFER ONE-YEAR LEASES TO POTENTIAL TENANTS OF RESIDENTIAL HOUSING AND ESTABLISHING JUST CAUSE AS THE GROUNDS FOR EVICTION OF TENANTS OF RESIDENTIAL HOUSING AMENDMENT: Councilmember Fletcher moved, seconded by Renzel , that the lease renewal annually be offered by the landlord. Councilmember Fletcher said she wondered if First Amendment rights were at question in cause for eviction. Roy Abrams, City Attorney, said that the purpose of the "retaliatory eviction" clause was to say that even though the landlord may allege there is just cause, if the dominant motive is to get rid of the tenant for exercising one of the rights it would be forbidden. Councilmember Fletcher said it also would be difficult to specify what an unreasonable rent increase might be. She added she thought some stipulation about shared units could well be included. Mayor Henderson said that amendments should be handled one by One. Councilmember Fletcher..agreed; she said that after the second reading of this proposed ordinance she wouli suggest enacting the ordinance on an ewergancy basis so that there would not be a rush to increase rents Councilmembcr Renzel ascertained that the only fixed term on the one-year lease would be the 60 -day notice. The renewal offer was required of the landlord. Rent increases could occur after the first year if provision for such increase were set forth in the lease. Councilmember Eyerly said he would oppose bath the _ ordinance and the amendment; both were a type of rent control, albeit for one year at a time, and he thought that would give rise to problems. Councilmember Levy said he would support the proposed amend- ment. Councilmember Brenner enumerated costs paid by some tenants for moving; having to grove would be traumatic in some cases and so she favored the proposed amendment. Vice -Mayor Sher arrived at 10:20 p.m. He said he would not vote. on the amendment since he had not participated in the discus- sion. Councilmember Renzel observed that twelve months passed very quickly; she thought re -negotiability of the rent after twelve months protected tenants. Corrected 1/19/81 to read " ..tenants and landlords." AMENDMENT PASSEL: Tie amendment that lease renewal be offered annually to the tenant by the landlord passed on the following vote: AYES: Brenner, Fletcher, Henderson, Levy, Renzel NOES: Eyerly, Fazzino NOT PARTICIPATING: Sher ABSENT: Witherspoon Councilmember Renzel said she thought shared housing and room rentals should be exempted from the proposed ordinance in the 'applicability' section. City Attorney Abrams said that Mr. Borock had noted, and correctly, that the definition of rental unit left out 'single-family" and that should be added also. AMENDMENT: Councilmember Renzel moved, seconded by Fletcher, that shared housing, which included room rental in a single-family dwelling, be exempted from the proposed ordinance. The motion passed on the following vote: AYES: Brenner, Eyerly, Fletcher, Henderson, Levy Renzel NOES: Fazzino NOT PARTICIPATING: Sher ABSENT: Witherspoon Vice -Mayor Sher noted that the rents could be raised on condominium -converted units, though there was a lifetime lease. Councilmember Levy asked, and Mayor Henderson agreed, that the 'due notice' portion of the ordinance be separated from the 'rust -cause'" portion. AMENDMENT: Councilmember Levy moved, seconded by Fazzino, that on page 3, paragraph (d), the words 'rate or rates certain' be added. The action passed on a unanimous vote, Councilmember Witherspoon absent. 3 7 .0 10/27/80, AMENDMENT: Councilmember Levy moved, seconded by Fazzino, that on page 3, section (e) the phrase With no increases in rent," be deleted. The motion passed on a unanimous vote, Counciinember Witherspoon absent. AMENDMENT: Councilmember Levy moved, seconded by Fazzino, that on page 1, under "Purpose," and also the last line of the paragraph, the words "at reasonable cost" and, on the last line, "and expensive" be deleted. Councilmember Levy held that the words he wished deleted led to subjective evaluations and hence were inappropriate. FIRST PART OF AMENDMENT PASSED: The motion that at reasonable cost" be deleted passed on the following vote: AYES: Eyerly, Fazzino, Henderson, Levy, Sher NOES: Brenner, Fletcher, Renzel ABSENT: Witherspoon Councilmember Renzel said she thought that the "Purprse" paragraph rightly contained the words "and expensive" for that was the reason for the ordinance. SECOND PART OF AMENDMENT FAILED: The second part of the amendment, that the words "and expensive" be deleted, failed on the following vote: 1 Correction 1/19/81 --Dole sentence"A confl i c:ti ng date.... i AYES: Eyerly, Fazzino, Levy NOES: Brenner, Fletcher, Henderson, Renzel, A8SEN1`: Witherspoon Sher FIRST PART OF MAIN MOTION AS AMENDED PASSED: The motion that the Council approve for first reading that portion of the proposed ordinance that dealt with the one-year lease provisions passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher NOES: Eyerly ABSENT: Witherspoon SECOND PART OF THE MAIN MOTION AS AMENDED PASSED: The motioA that Council approve for first reading that portion of the proposed ordinance dealing with the just -cause provision passed on the following vote: AYES: Brenner, Fletcher, Henderson, Renzel, Sher NOES: Eyerly, Fazzino, Levy ABSENT: Witherspoon CONDOMINIUM CONVERSION ORDINANCE Mayor Henderson said he had removed this item from the Consent Calendar at the request of some members of the public so that they could speak on it. Herb Borock, 3401 Ross Road, said that the present ordinance on the matter of lifetime leases resulting from condominium conversion had been written for 30 years or longer. The ordinance now before Council had been worded "thirty years or shorter." Which should it be? He noted the date of July 1, 1981, as termination date for the exemption from the ordinance. A conflicting date bed been October 2, 1981. He suggested that the July 1 date be deleted and that the' ordinance terminate upon the effective date of adoption of the condominium conversion ordinance. Councilmember /renner loft the meeting at 10:50 p.m. and did not return. 311 10/27/60 Louis Fein, 1540 Oak Creek Drive, said he recommended that the termination date for the present ordinance be July 1, 1982. He read from a letter sent by :;cott Carey of Cornish and Carey, Realtors, to prospective condominium purchasers, asking that intents to purchase be submitted "no later 'than the latter part of November." Mfr. Fein felt that was unduly early, since that evening, October 27, was the first hearing of the ordinance. Mr. Fein said he asked Council to revoke consents received after November 16, when the misleading statement had been made. He said "...I beg you for the Council to take the responsibility to send out and to receive consents from tenants; and do this at the converter's expense." He read further from Mr. Carey's letter to prospec- tive purchasers to explain whey he, Mr. Fein, wanted the City, not Mr. Carey, to receive consents from tenants. Hr; spoke then of Stanford University -.-he said the University and Mr. Carey were partners in the conversion, and he wanted Stanford to make public all the financial arrangements they had agreed to ±pith the converter, Mr. Carey, along with the owner of Oak Creek Apartments. He queried whether or not the proposed conversion was strictly a condominium conversion as defined in case law he had read. He conjectured that perhaps Stanford might wind up owning all the Oak: Creek units. Ryland Kelley, 305 Lytton, said Council had before it a letter from his group telling of events connected with Ferne Court properties, events which may have contributed to the fact of Council having created a moratorium on the condominium conver- sion ordinance. He expressed the wish to cooperate with both spirit and letter of the condominium ordinance. He did not think a moratorium was needed. Council would decide whether or not an application to convert would be granted. The moratorium worked against tenants who wished to become condo- minium owners. He said the moratorium worked against the people doing the organizing of the conversion. If Council did proceed with the moratorium he held that his 16 units would qualify, if the 750 units at Oak Creek Apartments qualified. Roberet Moss, 4010 Orme, spoke against any exception to the moratorium --he cited reasons why he thought the Ferne Court property especially should not be exempted: rents had been raised in percentages way above cost -of -living wage increases. He held that his figures, which he would make available to Couna i l , _ showed that if - rerne- Court units were sold the owners would make a profit of $2.72 million in the one year since the present owner had purchased the property. Mr. Moss deplored the possible displacement of those present tenants who could not afford to buys for reasons he had given he favored the moratorium and tenant -protection measures. Mayor Henderson said he would give.. Mr. Kelley an opportunity to respond. Ryland Kelley, 305 Lytton, said Mr. boss's calcu- lations were "preposterous." He said the profit cited by Mr. Moss did not tally with a purchase price of $1,500,000 he had paid for the property; also, a provision for tenants to stay at fixed rents on a long-term basis had been made, with guide- lines from the current ordinance and condominium conversion. Frank Manfredi, 219 Addison. said he had been a building construction worker all his life: condominiums built originally as apartments were 'just rip-offs." He thought profits from sale of condominiums resulting from conversions should -1,e limited: MOTION: Councllmember Fletcher introduced the following ordinance for first reading and, seconded by Ren>rel, moved its approval by, Council; ORDINANCE AMENDING SECTION 21•40.055(c) OF tHE PALO A IO MUNICIPAL CODE REGULATING THE CONVERSION OF RENTAL HOUSING TO COKDOMI N I W#iS 1 Vice -Mayor Sher confirmed with City Attorney Abrams that because he was employed by Stanford University, who was involved in the Oak Creek Apartment conversior, he could not participate due to conflict -of -interest. Mr. Abrams referred to the July 1, 1981 moratorium termination date, saying it had been set to keep the ordinance consistent with moratorium termination dates set by the Council at its last meeting. Staff still intended to return with the results of the condominium conversion assignment some time in February or March. The language presently in subsection 2 (c) relating to the length of a lifetime lease had been questioned before. The 30 -year period was selected because it conforms to a customary mortgage length. Council might wish to extend the 30 -year period to 50 years. Councilmember Eyerly asked staff if it had information that qualified Ferne.Court for an exemption from the moratorium. Mr. Abrams replied that Mr. Kelley had contacted him and had said that he thought his letter raised the same considerations for a tenant that any required consent form would require, and so he thought he complied with the ordinance. Mr. Abrams said Council would have to decide whether the consent form was an official step in the process which Council considered to be a type of detrimental reliance that the applicant might have upon the ordinance, or if there was some other mechanism that might meet that reliance. Councilmember Eyerly said he thought Mr. Abrams would have to give Council a report giving Fir. Abrams' point of view on that. Mr. Abrams replied that he thought the consent form is an official step that, under the City ordinance, says to the tenant "I, the applicant, am prepared to go forward and complete this process if I receive two-thirds (vote)." Mr. Abrams said he thought the significant difference in Mr. Kelley's letter is that Mr. Kelley said the consent form is an expression of tentative attitude, whereas, the consent form under the ordinance is known to be irrevocable. And so Mr. Kelley's letter did not qualify under the present wording of the ov` I nance. MOTION PASSED: The motion that Council approve the Condominium Conversion ordinance for first reading passed on the following vote: AYES: Eyerly, Fazzino, Fletcher, Henderson, Levy,. Reflzel 'ABSENT: Brenner, Witherspoon NOT PARTICIPATING: Sher - PRELIMINARY INVESTIGATION OF E (CMR:474:o) Staff recommends that as a result of the findings of a preliminary report on the _cracks on the floor slabs in the Civic Center parking garage, further action is warranted. Staff recommends that Council adopt a budget amendment ordinance for $110,000 to perform crack sealing, load testing and appurtenant work using the services of EDAC, Adhesive Engineering Incorporated. an engineering testing firm, ' and a general contractor. MOTION: Counciltnember Renzel introduced the following budget ordinance and, seconded by Fletcher, moved its approval by Council: ORDINANCE 3240 entitled"ORDINANCE AMENDING Ir UDGET FOR THE FISCAL YEAR YEAR 1980-81 TO PROVIDE FUNDING FOR THE ESTABLISHMENT OF CAPITAL IMPROVEMENT PROJECT 80=13 "ANALYSIS OF NEED FOR STRUCTURAL REPAIRS TO CIVIC CENTER" Councilrnember Levy ascertained that the funds for the proposed maintenance work on the civic center garage were to come from the cor.tingen:y fund, which William Zaner, City Manager, said contained about $5 million total reserves with about $2,875,000 in the eurrcnt reserve. Mr. Zaner said that about $2,400,000 of that was to be used up by salary increases. David Adams, Director of Public Works, said there was no way to estimate how much full eaintenance might cost; the proposed budget amendment covered only those repairs stated in the staff recommendation. MOTION PASSED: The motion that Council approve the budget amendment for repairs to the civic garage passed on a unanimous vote, Councilmembers Witherspoon and Brenner absent. BAYLANDS BICYCLE PATH -3 = T g': 4 81:0 ) Mi l ly Davis, 344 Tennessee, spoke of the 1.7 miles of bicycle trail adjacent to the Bayland frontage road; she said a telephone survey of the fifteen committee members of the Palo Alto Neighborhood Coalition said they preferred a separate off -road tr,i 1 near the frontage road rather than trying to use the existing frontage road. She listed safety as the principal reason for that preference, along with the fact that it was a multi -purpose trail for wheelgoods recreation, i.e., roller skates, skateboards and the like as well as pedestrian traffic. Mary Gordon, 16 Roosevelt Circle, referred to a transparency projected on the Council Chamber wall of the Bayfront Regional Bicycle and Pedestrian Trail,_showing a trail in the park area, behind NASA Moffett complexes to, the Sunnyvale Baylands park area, throisgh"Al v i so, the National Wildlife Refuge to Dixon's Landing connecting with the East Bay Regional Park District and Alameda section of the Wildlife Refuge. Ms. Gordon said she represented the Paths and Trails subcoma1ttee' of Santa Clara County under the InterGov::rnmental Council. She asked that Council expedite the construction' of the Palo Alto segment of the proposed trail thus giving confirmation of its public support and approval, leading to the granting by the state of $400,000 for trail construction., The state found only the frontage road alignment trail acceptable. She reviewed the history of proposed trail locations, and their. disposition. She read letters from J. W. Mitchell, 288 Creekside Drive and the Palo Alto Peninsula Conservation Center that supported her statements. Artemas Ginzton, 28014 Natoma Road, Los Altos, spoke for the Women's Workshop for Regional Parks and Trails. She read a letter from Martin E. Packard, Of LaCuesta Drive, -Los Altos Hills, in which he wrote of his .appreciation for the bicycle path extending from Varian Associates, Palo Alto,_ to a bicycle path at Purissiva Reid in his area. .Ns,._ Ginzton --said her - 3 7 4 10/27/80 group had participated in the writing of the state standards for bicycle trails. She reviewed the groups's thoughts on such planning since 1978, in partnership with California Department of Parks and Recreation and local communities. She said she hoped Council would pass the resolution with a unanimous vote. Libby Lucas, 174 Yerba Santa Avenue, Los Altos, said she worked on the trails plans in the Soubh Bay region. She praised the safe trail leading to Palo Alto --she had conducted one bicycle trip for a Girl Scout troop using that bicycle pathway. She said a paved levee did not provide a suitable bicycle path, George Varain, 327 Addison Avenue, said he bicycled daily to Sunnyvale and back --that was a utility ride to work and return. He said he also bicycled for recreation, and he used only bike lanes on which there was no traffic or stoplights. He thought the proposed frontage road bicycle path did not afford recreational bicycling, for that was possible only when the pathway was off the road. Fred Nichols, 1189 Harker Avenue, said he favored use of the frontage road for the bicycle pathway; it was both direct and removed from the automobile. Vice -Mayor Sher said he thought the paved levee was "totally ► iacceptable" and he supported use of the frontage road for the bicycle pathway. MOTION: Vice -Mayor Sher introduced the following resolution anJ, seconded by Fazzino, moved its adoption by Council: RESOLUTION 5847 .entitled"RESOLUTION OF il Uh IL THE CITY OF PALO ALTO REAFFIRMING ITS SUPPORT FOR A MULTI- USE FACILITY FOR BICYCLE AND PEDESTRIAN USE ALONG THE FRONTAGE ROAD ROUTE LOCATION" Councilmerber Eyerly asked what fill would be necessary along the ITT property to prepare for the bicycle path, and what elevation would be set. David Adams, Director of Public Works said he thought the _ - - in __t _ Li. path could be. Anna__-eapar'ate y from the road. He foresaw no need for additional diking at the present time. Councilmember Eyerly said he would not like to find that additional expense beyond that already proposed to be incurred. He asked if, as he had understood Mary Gordon to say, it was true that State Parks and Recreation would not accent a route along the levee. George Bagdon, Assistant City Engineer, said he had talked to the department that day and no one there had indicated that it would not accept that route. Some there had said the depart- ment 'ould entertain plans for the eatboard levee route ifthe City so chose, though there would have to be local support for the plan for the department to approve it. The Director of Public Transportation had objected to the route alongside frontage road; the Director had said that the matter could be put on the October 31 meeting of Public Transportation to substantiate the City's reasons for choice of the frontage road route. 3 7 5 10/27/80 Correction 1/19/81-Delet word Public Councilmember Eyerly asked if the proposal for the frontage road route failed at the October 31 meeting of the State Public Transportation meeting the City would have the opportuni4y to make another choice. Mr. Bagdon said he had asked about that and the Department of Public Transportation had said the City could rake another choice; the longer the City waited, however, the greater the likelihood that another project within the state would be at a state of readiness. He did not know of another specific project at this time. Councilmember Eyerly said he would not like to risk losing the $400,000. Councilmember Fletcher said that cost of the proposed bike path made the matter important. She said that the proposed route did not provide direct access. She would not vote on the project that evening. MOTION PASSED: The motion that Council adopt the resolution reaffirming its support for a multi -use facility for bicycle and pedestrian use along the frontage road route location passed on the following vote: AYES: Eyerly, Fazzino, Henderson, Levy, Renzel, Sher ABSTAIN: Fletcher ABSENT: Brenner, Witherspoon REQUEST OF MAYOR HENDERSON AND tUUNciLM nintirorrmearmnerrinar TO F&PW talMITTEt ..�.. MOTION: Councilmember Fazzino moved, seconded by Renzel, that the entire tree removal program be referred to the Finance and Public Works Committee for review with the recommendation that the utter be returned to Council. Councilmember Fazzino said the question of tree removal had come up four times during Comprehensive Plan discussions. He asked that the Finance and Public Works Committee refer to the staff report of Larry White. Councilmember Fletcher said she had learned of a tree having been removed from the front of one homeowner's yzird to afford more solar access. The question of removal of deciduous trees from the fronts of houses had been raised. MOTION PASSED: The motion passed on a unanimous vote, Councilmembers Brenner and Witherspoon absent. MAYOR HENDERSON RE APPLICANTS SSION a Mayor Henderson said that to date there were nineteen applicants to fill two vacancies on the HRC. Council had already interviewed about six applicants for former vacancies. Counci member Levy said he recommended that Council interview about ten people who had the most backing --each Councilmember could select five names each; from that list ten could be chosen. 3 7 5 - 10/27/80 Councilmember Fazzino suggested that each councilmember select four names from among the candidates, eight of whom to have a ten-minute interview. Mayor Henderson emphasized that it was important to have a quorum present at the interviews. Councilmember Renzel said she wanted to have the interviews when they would not disrupt the Council meeting. Councilmember Eyerly suggested beginning the Council meeting one-half hour later and holding interviews before. Council decided each Councilmember should submit eight names, with the top eight to be interviewed at 7:15 p.m., at two subsequent meetings in November, with the regular meetings to commence at 8:00 p.m. ORAL COMMUNICATIONS 1. Frank Manfredi, 219 Addison Avenue, suggested lifting some of the prohibitions against garage and home/apartment living accommodations in light of the difficulties of finding affordable housing. He spoke of a magazine called MOTHER JONES and praised its editorial policy. ADJOURNMENT MOTION: Councilmember Levy moved, seconded by Renzel, that Council adjourn; the motion passed on a unanimous voice vote, Councilir,embers Brenner and Witherspoon absent. Council adjourned the meeting of October 27 at 12:10 a.m. ATTEST: APPROVE: 3 7 7 10/27/80