HomeMy WebLinkAbout1978-08-07 City Council Summary MinutesCITY
council
Minutes
Regular Meeting
August 7, 1978
CITY
OF
PALO
ALTO
ITEM PAGE
Minutes of July 11, 1978 5 7
Oral Communications 5 7
Consent Calendar - Action Items 5 8
Policy and Procedures Committee Recommends re Water
Conservation Program and Emergency Water Allocation Plan 5 8
Policy and Procedures Committee Recommends re Proposed
Solar Guidelines
58
Stop Sign System Update 5 8
Proposal Package --Sale of Surplus Property: Seale -Wooster
Canal 5 9
Amendments to the Zoning Regulations Relative to Norm
Conforming Uses, P -C Zone Use Permits, Density Requirements
and Mobile HOMAS 5 9
Changes to Setback Map 5 g
Resolutions of Appreciation to Rack, Carpenter, and Steinberg 5 9
Resolutions of Appreciation to Retiring City Employees 6 0
Public Nearing on Charges: Weed Abatement Program 6 0
Coast Casey Pump Station Site and Design Approval Application
of City of Mountain View 6 1
Flood Basin Mitigation: Award of Construction Contract 6 7
Parting for Bicycles in Public Parking tots 6 8
Ord of Contracts for Financial and Legal Consulting Services:
Utility Revenue Bond 6 9
Heat -Pub Retrofit Feasibility Study --Grant Funding 7 0
Skateboard Ordinance 7 3
Finance and Public Works Committee Brands No: Utility
Rates 7 d
Request of Noor Carey re &viands l pture 7 5
Request of Mayor Carey re House Action or: Ceta 7 6
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8/7/78
ITEM, Continued PAGE
Request of Councilmember Witherspoon for a Staff Stv dy
of the Ramifications --Legal and Financial --of the Rent
Relief Initiative
Oral Communications
Rainer Schultz, 660 Alger Drive
Adjournment to Executive Session
Final Adjournment
78
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80
Co
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8/7/78
•l.
Regular Meeting
August 7, 1978
The City Council of the City of Palo Alto met on this date at 7:30 p.m.,
Vice Mayor Henderson presiding.
PRESENT: Brenner, Clay, Eyerly, Fazzino, Fletcher, Henderson
Sher, Witherspoon
ABSENT: Carey
Vice Mayor Henderson announced that Council would hold an Executive
Session sometime during the evening,
MINUTES OF JULY 11, l9?8
Councilmember Brenner asked that on page 11, the last paragraph, the
last sentence read instead, "She doubted that the larger board would be
the most efficient in relation to the actual making of decisions."
Councilrr tuber Brenner asked that on page 16, third paragraph from the
bottom, the sentence read instead: "Councilmember Brenner said that the
Councilors would have access to all applications, and could also add
applicants if they so wished. . She did not think a specific number
of candidates would be made available --only those candidates who were
suitable wpald he presented."
Councilrnember Brenner asked that on page 19, second -to -last paragraph,
the phrase in the first line read instead: "Councilirmber Brenner
ascertained that about seven garbage cans, . . ."
Counciirrember Brenner asked that in the second paragraph on page 21,
the first sentence be deleted and the paragraph read instead, "Council -
member Brenner- said the three trucks were not carrying fill material;
they had been charged $2.50 each. Each truck was from a different city
I1
•
CCunci lin er Clay asked that on page 7, the vote on amendment to the
Child Care contract show his vote as "aye," rather than "no."
Council> er Witherspoon asked that on page 13, the second paragraph
read instead: "Council ember Witherspoon said she felt that ratification
by the board was adequately defined by the Senior Coordinating Council's
present by-laws, which as she understood, . . .She assumes that copies
of current by-laws of contracting agencies were on file with the City."
Counci Leber Witherspoon asked that on page 18, the second paragraph
from the bottom of the page, the first sentence read instead, "Council -
member Witherspoon said 'If we raise the requirement of the number of
things to be recycled, the "more valuable higher requirement" could be
distinguished by the color of the pass itself.'
MOTION: Councii ber Clay moved, seconded by Eyerly, that Council
approve the minutes as corrected. The motion passed on a unanimous
vote, Mayor Carey absent.
ORAL COMMNICATIONS
None
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8/7/78
CONSENT CALENDAR
Councilmemter Witherspoon asked that the items concerning contracts for
financial and legal consulting services (item 4) and heat pump retrofit
study (item 6) be removed.
Councilmember Clay asked that the proposed skateboard ordinance (item 7)
be removed.
Councilmember Brenner asked that her vote on item 9, concerning the
ordinance amending the setback map, be recorded as "no."
Councilmember Fazzino asked that his vote on item 9, concerning the
ordinance amending the setback map be recorded as "no."
The following items remained on the consent calendar:
Referral Items
None
Action Items
POLICY AND PROCEDURES COMMITTEE RECOMMENDS
MR:341:8)
Staff prepared a continuing water allocation plan to lessen the impact
of future drought conditions on Palo Alto. An additional benefit of
reduced water consumption will be reduced energy consumption for heating,
pumping, and treating the water, as well as pumping and treating the
resulting waste water. Continued monitoring will help determine when
changes in the program are necessary.
POLICY AND PROCEDURES COMMITTEE
nrimworrmwortrgunarrn RELINES (CMR:344:8)
The Policy and Procedures Comm ttee recommends to Council, by unanimous
vote, that Council adopt the guidelines described in staff's report
regarding solar rights and permit process on page 13 of CMR:344:8.
Staff would be directed by Council to implement the review procedures,
with staff exercising the prerogative of either reviewing cases in-house
or sending them to the Architectural Review Board for review. The Cownittee
further recommends that Council review this program at the end of one
year, including at that time a discussion of whether or not a fee should
be attached for this review process.
SIGN SYSTEM UPDATE (CMR:3b5:8)
Staff reeds that Council approve the proposed resolution, which
will permit (1) implementation of the additions and modifications
reflected on Exhibit "B" and (2) authorize appropriate revisions to the
existing "Stop Intersection System" map (Exhibit "A"), and (3) find that
the passage of the resolution has no significant environmental impact.
RESOLUTION 5582 entitled "RESOLUTION OF THE
COUNCI. OF Tilt CITY OF PALO ALTO AMENDING
RESOLUTION 4291 BY ADDING CHANGES TO THE
CITYWIDE STOP INTERSECTION SYSTEM AND !MAP."
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8/7/78
PROPOSAL PACKAGE --SALE OF SURPLUS--
RT=TEALE-WOOSTE11 CANAL (CMR :353:8 )
The proposal package and sales procedure has been reviewed and approved
as to form by the City Attorney, and as to audit and accounting by the
City Controller. The director of purchasing and real property administrator
recommend approval of the proposal package and sales procedure.
AMENDMENTS TO THE ZONING REGULATIONS
ZONE USE PER1IITS DENsIT( ! EMEN'TS
marmorrnore-
ORDINANCE 3070
C(jUNCIL O
ORDINANCE 3048
NON -CONFORMING
VARIANCES FROM
(First reading
entitled "ORDINANCE OF THE
CITY OF PALO ALTO AMENDING
(ZONING REGULATIONS) REGARDING
USES, P -C ZONE USE PERMITS,
DENSITY REQUIREMENTS AND MOBILE HOMES."
7/24/78)
CHANGES TO SETBACK MAP (CMR:346:8)
Staff recommends a negative environmental impact declaration, and approval
of the proposed ordinance.
ORDINANCE 3071 entitled "ORDINANCE OF THE COUNCIL
OF 'THE CITY OF PALO ALTO AMENDING THE SETBACK MAP
OF THE CITY OF PALO ALTO TO REMOVE THE SETBACK
LINES ON PORTIONS OF LYTTON AVENUE, HAMILTON AVENUE,
BIRCH STREET, SHERMAN AVENUE, PARK BOULEVARD, EL CAMINO REAL
AND MONROE DRIVE WHERE WIDENING HAS OCCURRED OR IS NO LONGER
CONTEMPLATED."
(First reading 7/24/78)
MOTION: Councilmember Fazzino moved, seconded by Clay, that Council
approve the ordinances and resolution, and adopt the committee and staff
recommendations. The nation passed on a unanimous vote, with Councilors
Brenner and Fazzino voting "no" on the item concerning the amendment of
the setback map (Item 9); Mayor Carey absent.
RESOLUTIONS OF APPRECIATION TO
PLANING COMMIS 1ONE1 Orr -CARPENTER,
MOTION: Councilor Fazzino introduced the following resolutions of
apprelations for retiring Chairwoman Anne Steinberg, Commissioners
Frank J. Rack and Peter F. Carpenter, and, seconded by Fletcher, moved
their adoption by Coup i l :
RESOLUTION 5574 entitled "RESOLUTION OF THE COUNCIL
bb THE CITY OF PALO ALTO EXPRESSING APPRECIATION
TO ANNE STEINBERG FOR OUTSTANDING PUBLIC SERVICE
AS A MEMBER OF THE PLANNING COMrII SS I ON . "
RESOLUTION 5575 entitled "RESOLUTION OF THE COUNCIL
rte' +' 1 nn.PALO ALTO EXPRESSING APPRECIATION
TO FRANK J. RACK FOR OUTSTANDING PUBLIC SERVICE AS A
MEMBER OF THE PLANN I Nis COP94I SS I ON . "
RESOLUTION 5576 entitled "RESOLUTION OF THE Comm
IL
OrTgraTTUF-PALo ALTO EXPRESSING APPRECIATION TO
PETER F. CARPENTER FOR OUTSTANDING PUBLIC SERVICE AS
A MEMBER OF THE PLANNING COMMISSION.".
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8/7/70
Vice Mayor Henderson outlined briefly the laudable work the former
Planning Commissioners had rendered the City in work with the Baylands
and the Comprehensive Plan and zoning ordinance. He awarded plaques
in recognition of that work.
Former Chairwoman Anne Steinberg thanked the Council on behalf of former
Commissioners Rack and Carpenter, expressing her gratification at being
a part of the significant work the City had achieved during her tirn_9f _
office. She voices some uneasiness at recent complaints by some citizens
at the City permitting any but R-1 uses in their neighborhoods, and said
she thought the City did indeed have room for other uses, such as daycare
homes.
MOTION PASSED: The motion that Council adopt the resolutions of appreciation
to the former Commissioners passed on a unanimous vote, Mayor Carey
absent.
RESOLUTIONS OF APPRECIATION
ATTTRTNTTITTWUTEMTR:357:8, CMR:355:8, CMR:356:8)
MOTION: Councilmember Fazzino introduced the following resolutions of
appreciation for retiring Gas System Field Repairer, Hilmer J. Nelson,
Robert M. Callejo, crewleader for maintenance of landscaped areas of
Oregon Expressway, and Lloyd A. Smith, Inspectional Services for Code
Compliance. Councilmember Fazzino, seconded by Fletcher, moved adoption
of the following resolutions by Council:
RESOLUTION 5577 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY Or PALO ALTO EXPRESSING APPRECIATION TO
HILMER J. NELSON UPON HIS RETIREMENT."
RESOLUTION 5578 entitled "RESOLUTION OF THE COUNCIL
OF THE CITY Or PALO ALTO EXPRESSING APPRECIATION
TO ROBERT M CALLEJO UPON HIS RETIREMENT."
RESOLUTION 5579 entitled "RESOLUTION OF THE COUNCIL
or—YHE CM OF PALO ALTO EXPRESSING APPRECIATION TO
LLOYD A. SMITH UPON HIS RETIREMENT."
George Sipel, City Manager, observed that the years of service rendered
by the retiring employees added up to about 100 years. Letters of
appreciation to the three men on file at the City Clerk's office, spoke
of their high quality service to the City.
MOTION PASSED: The motion that Council approve the resolutions passed
on a unanimous vote, Mayor Carey absent.
PUBLIC HEARING ON CHARGES:
:351:8)
Vice Mayor Henderson announced that this was the time and place fixed
for a hearing on all protests against assessments for weed abatemen
He asked if there were any protests to be heard against those asses1-
gents. There were none, and he declared the public hearing closed.
MOTION: Councilmember Fletcher introduced the following resolution,
and, seconded by Witherspoon, moved its adoption by Council:
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8/7/78
RESOLUTION 5580 entitled "RESOLUTION OF THE COUNCIL
SHE CITY OF PALO ALTO CONFIRMING WEED ABATEMENT
REPORT AND ORDERING COST OF ABATEMENT TO BE A SPECIAL
ASSESSMENT ON THE RESPECTIVE PROPERTIES HEREIN DESCRIBED."
The motion passed on a unanimous vote, Mayor Carey absent.
1
COAST CASEY PUMP STATION
STTMEITEMMIRTITT
AP!ICATIUN OF C I TY OF
The Planning Commission, by a vote of 4 in favor, 1 opposed, and the
Architectural Review Board, by unanimous vote, recommend approval of the
application of the City of Mountain View for site and design review for
the Coast Casey Pump Station (flood basin).
Ken Schreiber, Assistant Director of Planning, said that by default he
was in the position of representing both the Planning Commission and the
staff on the application for site and design review. Minutes of the
Planning Commission which had treated the matter had been distributed
some weeks back. The Planning Commission recommendation had involved
signing a ;'sufficiency" on the environmental impact report which had
been prepared by the City of Mountain View. Also included had been
approval of the proposed outfall structure, subject to condition that
the City of Mountain View require the contractor to restore to original
condition the levees and possible daaeged facilities in the area; the
other condition was that the City of Mountain View work with the City of
Palo Alto to provide a tie-in whereby the City of Palo Alto will change
from storm water to charge waters to assist in rehabilitation of freshwater
marsh. Information from the State Department of Fish and Game, as well
as from federal wildlife offices, indicated that they thought the 9O -
gallons -per -minute of storm water, to assist in restoring the freshwater
marsh, would improve the present conditions for both water quality and
for wildlife. The project was larger for Mountain View; Palo Alto's
portion was small. The pump station was in Mountain View. The site and
design approval now before Council was for an outfall structure (the end
of the conduit) to be located in Palo Alto. Since the flood basin was to
be in a part of Palo Alto'e dedicated land a park improvement ordinance
had to be approved by Council.
Council er Brenner referred to the pipe that ran into Charleston
Slough; it gave outletto so much water that the marsh tended to be
drowned and tidal action was not afforded. She asked Mr. Schreiber if
her understanding was correct.
Mr. Schreiber said that the City of Palo Alto was not connected with
that part of the work; he introduced Richard Healey, engineer with the
City of Mountain View.
Mr. Healey said two elements of the project were storm drawl and freshwater
supply. There was to be a saltwater lake of 5O acres within Shoreline
Park. A few years ago an existing culvert on the outer dike of Charleston
Slough had been replaced. That replacement caused a higher water level
in Charleston Slough. Mountain View's environmental impact report
stated that the project wanted to "maintain" conditions in Charleston
Slough as they had been before the project. The water level in the
slough was now higher than it had been before the culvert replacement.
Councilor Brenner ascertained that the City of Mountain View had
made no attempt to restore Charleston Slough.
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8/7/78
Mr. Healey said that Mountain View was now dealing with the Audubon
Society and the Regional Park District to see if it would be possible to
lower tne existing water level and still maintain the water level for
the saline small -boat lake. The pipe that fed into the lake was owned
by Leslie Salt, and so Mountain View would do nothing with that pipe.
There was a possibility that the San Francisco Bay Conservation Develop-
ment Commission might require some applications to that pipe on the part
of Leslie sometime in the future. Mountain View would be constructing
an additional structure adjacent to the pipe, and that would have some
effect on the controlling of the water level within Charleston Slough, —
and that structure would make it more possible to lower the water level
and maintain a better tidal fluctuation.
Councilmember Brenner asked if Palo Alto was new getting run-off from
some additional 850 acres that used to go into Permanente Creek.
Mr. Healey replied that historically the run-off she referred to had
gone into the Palo Alto flood basin, but recently the water had panted
in -board of the salt ponds as well as flowing into Permanente Creek.
Permanente Creek had silted about ten years ago and no longer functioned.
That had been one reason for construction of the pump station.
Councilmember Brenner said that her assumption that Palo Alto was receiving
water from an additional 850 acres in recent time was correct. That
related to the pollution going into the Palo Alto flood basin from the
new project. Who would be monitoring the run-off into the flood basin?
Mr. Healey said Mountain View, as indicated in the FIR, would be monitoring
those storm floods.
Councilmember Brenner asked what the case would be if heavy metals were
found present in the effluent --how soon could the flow be stopped? In
the past it had been found that there was considerable silting in the
Palo Alto flood basin.
Mr. Healey said such was not anticipated since there was a fore -bay that
permitted sediment to drop out prior to pumping to the Palo Alto flood
basin. That resulted in mitigation of sedimentation. The water that
went into the flood basin was now better quality.
Couacilmember Brenner asked what the case ,could be should that plan pat
work. She guessed there was no answer for that at present. What was
the height of the pump station?
Mr. Healey replied that the estimated height of the pump station was
twelve feet.
Councilmember Fletcher said she would be interested to learn the results
of the study Mountain View was conducting with the Audubon Society and
Regional Park District.
Mr. Healey said that was planned and Mountain View would be fully cooperative,
as they had in the past.
Counc i l mewber Sher said that he was bothered by the request for site and
design review by Mountain View because if Palo Alto granted it, Palo
Alto appeared to lose control of the waters flowing into the flood
basin. He wondered if there was some way to grant approval while retaining
the control to turn off the waters if those waters were found to be
harmful in some way. He asked if Palo Alto lost control if it granted
Mountain View the site and design review request.
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8/7/78
Mr. Schreiber said that Councilmember Sher's question was a legal one--
fM7n the standpoint of the Planning Department and environmentAl quality,
those waters which would be going into the flood basin were going in
there at the present time, and so the amount of water received by the
flood basin would not be increased substantially. However, with this
request granted, the waters going into the flood basin would be cleaner,
because the settling basin provided by the fore -bay would reduce both
silt and contaminants. For those reasons both state and federal fish
andgame and wildlife people supported the project enthusiastically.
Councilmember Sher asked why, if the waters were presently coming into
theflood basin, approval for doing what was already being done was
needed. Was it the proposed physical development of the concrete wall
and pipe?
Mr. Schreiber confirmed that. The matter before Council was site and
design review of the outfall structure.
Councilmember Sher asked how the water had reached the flood basin
without the outfall structure.
Mr. Healey, engineer for Mountain View, replied that the water had
reached the flood basin through overland flow,
Councilmember Sher asked if there would be objection to granting the
application subject to reversal if it were determined that, through
monitoring, the situation changed. Could the granting of the application
be conditional?
Marilyn Norek-Taketa, Senior Assistant City Attorney, said that it
seemed to her the application could be granted conditionally. It would
be wise to talk to Mountain View to see if there were any problems
regarding the structure wore the application to be granted conditionally.
MOTION: Councilmember Sher, seconded by Brenner, moved that Council
uphold the recommendation of the Planning CovAission and the ARB and
approve the application for site and design review for the Coast Casey
pump station applied for by the City of Mountain View, with the conditions
that the City of Mountain View require the contractor to restore to
original condition the levees, any damaged facilities, or any disturbances
to the natural environment during the course of construction within the
limits of the City of Palo Alto; and that the City of Mountain View work
with the City of Palo Alto to provide, in conjunction with this project,
a tie:into the Coast Casey Pomp Station to direct the 90 gallons -per -
minute stormwater dischorge to a freshwater pone adjacent to East Bayshore
Frontage Road when not discharging to the Palo Alto flood basin, and, in
additions, subject to the condition that Palo Alto retain the right in
the future to stop the flow of the water into the Palo Alto flood basin
if the flow should prove to be detrimental to the Palo flood basin in
any try.
Councilor Sher said he would be glad to have Mountain View's response
to his added condition. He wanted to protect Palo Alto against unforeseen
changes.
Vice Mayor Henderson said that since the action tonight involved first
reading of an ordinance, Council could send the matter to Mountain View
for its response. Council would have the option of not approving the
second reading.
Councilmember Witherspoon said she thought that though Counci l r
Sher's condition was good, it Ws impractical --how► could a flood be
stopped? The waters were coming into the flood basin now, only through
an open ditch instead of a pipe.
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8/7/78
Councilmember Sher said that the method of flow was not the concern
of the additional condition in his motion.
Corrected
see page
100.
Mr. Sigel, City Manager, said his concern was how the decision as to
whether or not the flow was detrimental was to be reached; who would
determine that and was it to be done when there was a flow of water from
which to make that determination? At present the City was trying to cut
back on governmental needs; staff time spent on the question of determination
would probably mean an increase. He would be reminding Council of the
need to decrease governmental functions, during other meetings as well
as this meeting.
Ben Pawloski, Director of Public Works, said the problem of surface
water quality had often been discussed at great length as part of the
Bay Area Environmental Management nt Plan. He had been a part of a committee
on technical management wrestling with the problem. Surface pollutants
from run-off were unindentified. When quality standards for surface
run-off were determined cities would have to observe them. He suggested
that when water quality standards for surface run-off were determined
the run-off going into the flood basin would have to meet such standards.
Councilmember Eyerly said he would not vote for the added condition. He
thought the City should have some control, and the City had none now. He
saw no difference in risk to the flood basin whether the water went
through a pumping station or a ditch. He would vote against the motion
as stated.
Councilmember Brenner asked if part of the purpose of the outfall structure
was to return water to the small -boat lake.
Mr. Healey said there was no mixing of water from run-off with the
saltwater supplied for the small -boat lake.
Councilmember Brenner asked where the water went.
Mr. Healey said the water circulated through the lake, through Mountain
View Slough then into the Bay. This past winter the boat lake had been
utilized as a holding pond for storm water.
Councilor Brenner said that though it might be all right to have
surface water running into a large body of water: that might not be all
right with a small body of water that was being used for certain purposes.
She had not realized that ft was practically impossible to monitor the
run-off water, and that raised a big question. When what was damaging
in surface run-off was determined, Palo Alto might very well find some
control was needed. She thought the additional condition as proposed
was all the were worthwhile,
Mr. Healey said that the flow to the flood basin with the proaosed
structure would be quite minor compared to that which took place at
present.
Councilmember Sher clarified that the power for Palo Alto that his
condition spoke to, to shut off the effluent should it be thought to be
damaging, would apply only if a change of condition resulted from the
new construction. If, in fact, the quality ofthe water became better,
the condition his proposal asked for would not hurt anybody. If standards
were imposed on the City by an outside agency, Palo Alto would be power-
less without the condition.
Councilrmber Fletcher said she was concerned with not only quality, but
also quantity.
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8/7/78
�t�
Mr. Healey said Palo Alto would receive the same amount of water after
completion of the outfall structure as it was now receiving. The structure
reduced the possibility of flooding for both Mountain View and Palo
Alto, The culvert now carrying the flood water was inadequate.
Corrected Councilmember Fazzino said he thought the proposed project would result
see page in very little change from present circumstances. He would support the
100. proposed amendment.
111 Vice Mayor Henderson said that Palo Alto's membership in the Regional
Water Quality Control Board involved it in possible water quality control
Corrected of surface run-off when standards had been set. He asked if Councilmember
see page Sher's condition required City expense and time in order to monitor.
100.
Councilmember Sher replied that numerous laws now on the books were now
enforced on a complaint basis. His condition suggested that should some
adverse effect result from the new outfall structure, people who used
the Bay would notify the City of adverse effect; that was the time an
investigation about the quality and quantity of the run-off would be
made. His proposal gave the City leverage to do something about it.
Councilmember Eyerly said that the staff report of April 6 by Ben Pawloski
gave some of the measures to be taken by Mountain View to mitigate
impact from surface water. The report stated that Palo Alto flood basin
was presently receiving "...the full stormwater inflow from the Coast
Casey canal, and no adverse impact on the flood basin is expected."
Since Mountain View was now putting all the water in the flood basin he
did not know how he could tell them they could not do so. Did the legal
staff know of any way it could be stopped?
Ms. Norek-Taketa said that she did not think the City could stop the
water from coming in, but perhaps it could be stopped from coming in, in
a particular way. And, morally, Palo Alto could perhaps stop the use of
its facilities. Councilmember Sher's proposed condition would make the
City's position stronger. However, approval of the ordinance, without
that condition, would not mean Palo Alto's position would be unalterable.
Mr. Pawloski said that if the concern was water quality, that concern
could be answered by gathering base data, which was not presently available,
The Cit, of Mountain View could collect that data with a self -monitoring
program -sampling the water a couple of times each month, submitting a
report on certain constituents of the water, though standards for pollutants
had not yet been defined.
Councilmember Sher said that the Planning Commission recommendation was
to approve the proposed outfall structures subject to the conditions of
the contractor restoring any damage to levees or facilities and the City
of Mountain View working with Palo Alto to provide a tie into the Coast
Casey Pump station to direct the 90 gallons per minute stormwater discharge
to a freshwater pond adjacent to East Eayshore Frontage Road when not
discharging to the Palo Alto flood basin. His ►notion, he said, added a
third condition to the Council's approval, that gave Palo Alto the right
to stop the flow if problems were created by delivering water to the
flood basin in this new way. Palo Alto might have to go to court to
have it stopped, and if so, this condition would facilitate a stop
order. He had moved the Planning Commission recommendation, and its
conditions, and he wanted to add this condition, as well.
Vice Mayor Henderson asked Mr. Schreiber if the Planning Commission had
also adopted the two conditions about restoration of damage to levees
and the stormwater discharge to a freshwater pond.
Mr. Schreiber confirmed that it had.
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8/7/78
0.
Councilmenber Clay asked if Mountain View, as well as Palo Alto, would
not have to comply with possible standards for surface water run-off.
Mr. Pawloski replied that Mountain View would have to cpmply; the question
was how compliance would be attained. Palo Alto had a number of discharges
into the Bay, and one source of water coming from the lay... Means of
compliance would have to be worked out.
Councila+e> er Clay ascertained that the cost to Mountain View for the
pipe and pumping station and installation would be about $1.5 million.
He said he assumed Mountain View had concern about the 4aytends as. did
Palo Alto, and he would vote against the proposed condition:
Councilmember Fletcher said she would like Councils Sher to:include
in his condition the monitoring suggested by Mr. Pawloskt, birectoreof
Pebl is i:orks.
uwncilmember Sher said that for aforesaid reasons he a1id t want to
encumber -his motion with further conditions. • The baylandsowere:.a fragile
environment; his condition merely reserved the right to stop ethc- tflow
if the effect on the Palo Alto marsh was detrimental.
Vice Mayor Henderson asked if Councilor Sher would • Cerise lhe motion,
so that Council could vote separately on Councilrnember-Sher's' ndraent.
Councilmeember Sher explained that he had not made an amendment.. —He had
moved the Planning Co ,issir•n recommendation, with its two conditions, ti
plus the condition he had added, along with a change in the ordinance.
He would be glad to have the motion separated, subject to.ne conditions,
with the ordinance to core later. His own motion, ho ver;- was 'subject
to the total of the three conditions, two of Mich had been mode,by the
Planning Cession, the third by himself. He repeated -he had •netii de
an amendment, hot a motion.
Vice Mayor Henderson asked staff if approval of Mountain View's project
was needed, as well as the ordinance, or was approval of the ordinance
needed? Which was Council to vote on?
WA Schreiber clarified that Council had two i tits : the recommendation
aid the staff report; the second part was the parks iaproveaeznt ordinance.
The i ie that had been moved was approval of the site and design approval
ve4er the zoning ordinance. If that was approved, Council, mould -then,
move on to the parks improvement ordi nance .
Vice *pi* Henderson said he understood that Council' was to ordinance. ;
Councilmember fir said that the approval of the site and design Was.
before nc i l , as explained by Mr. Schreiber.
Councilmember Witherspoon asked if it would not be best to divide the
motion.
MOTION DIVIDED: Vice Mayor Pkindeeson ruled that Council old .-vote en
the condition presenter by Counc i l amber Sher first, . tten Council would
vote on the basic motion to approve min View's application with the
conditions stated in the Planning Commission's rec t .- t
MOTION PASSED: The motion that Palo Alto retain the right in the future
to stop the flow of water into the Palo Alto flood basin if the flow of
storaweter should prove to be detrimental to the Palo Alto flood basin
in any way, passed on the following vote:
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8/7/78
:.r
AYES: Brenner,, Fazzino, Fletcher, Henderson, Sher
NOES: Clay, Eyerly, Witherspoon
ABSENT: Carey
MOTION TO APPROVE THE PLANNING COMMISSION RECOMMENDATIONS PASSED: The
motion to approve the application of ,the City of Mountain View for site
and design review for the Coast Casey Pump Station (flood basin), with
the City of Mountain View required to have the contractor restore to
original condition the levees, any damaged facilities, or any disturbances
to the natural environment during the course of construction within the
limits of the City of Palo Alto, and, that the City of Mountain View
work with the City of Palo Alto to provide, in conjunction with this
project, a tie into the Coast Casey Pump Station to direct the 90 gallons -
per -minute stormwater di-scharge to a freshwater pond adjacent to East
Bayshore Frontage Road when not discharging to the Palo Alto flood
basin, passed on a unanimous vote, Mayor Carey absent.
MOTION: Councilmember Sher introduced the following ordinance for first
reading, and, seconded by Fazzino, moved its approval for first reading:
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR THE CONSTRUCTION
AND PLACEMENT OF A STORM DRAIN OUTFALL FOR THE
COAST CASEY PUMP STATION OF THE CITY OF MOUNTAIN VIEW
The motion passed on -a 1nanirmus vote, l lyor Carey absent.
FLOOD BASIN MITIGATION: AWARD
.:362:8)
Lawrence White, Director of Parks and Open Space Management, said the
City had selected a consultant and gone to bid for a gravity -controlled
tidal system some time ago. The bids had been too high and the City
had directed the contractor to re -design a less expensive, modification
of one of the existing flood gates. Ensuing bids had been very favorable.
An additional sUM of money was needed from the refuse utility fund, in
the amount of $45,121, though, in error, the ordinance gave the amount
as $23,621. The difference of $13,500 was needed for materials and
transportation of an electrical system to be installed by the City's
utlity department, along with an $8,000 contingency fund, thus allowing
for possible modifications;
MOTION: Councilmember Witherspoon introduced the following ordinance
for first reading, and, seconded by Brenner, moved its adoption by
Council:
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING PLANS FOR THE REMODELING
OFILOOD GATES ON _ BYXMIEE PARK AND THE CITY -OWED BAYLAMDS
The motion passed on a unanimous vote, Mayor Carey absent.
MOTION: Councilme er Witherspoon introduced the following ordinance
and, seconded by Brenner, moved its adoption and that Council award
the contract for the Flood Basin Mitigation Project to D.W. Young
Construction Company in the aunt of $79,932.
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•
Corrected
see page
100.
ORDINANCE 3072 entitled "Cf;DIMCE OF THE COUNCIL
OF THE CITY OF PALO ALTO A EHDIUO 1HE 1970.1979
•BUD' ET TO PROVIDE FUNDS FOR APPROVAL OF A CONTRACT
FOR fiODIFICATIOfI OF CUE OF THE EXISTING FLOOD GATES
IN THE FLOOD BASIN TIDAL SYSTEI!, TUEf,EDY COf iPLETING
THE FLOOD BASIN IiITIGATIOr1 PROJECT AS APPROVED BY THE
UNITED STATES AMY CORPS OF ENGINEERS IN EITIGJ4TIO •
FOR CONTINUED DISPOSAL or REFUSE AT THE PRESENT SITE."
CONTRACT - FLOOD BASIN I!ITICATIOH
D.U. young Construction
The motion passed on a unanimous vote, f;ayor Carey absent.
PARI,Ii,O FOR BICYCLES if
Councilr bor Fletcher said originally the natter of bicycle, parkin had
been moved by. Uaycr Carey asking staff to look into the possibility of
providing: bicycle lockers in the dct ntowe di strict, with funding for
such parking to be incorporated into the assessment district. The
matter iculd be forthcoming with discussion of the special assessment.
OOTIOfr TO CONTINUE: Cous cilmember Fletcher moved, seconded by Brenner, that
the tatter of bicycle parking be continued to the time of discussion of
the special assessment district for Oowntc:•rr, r&rking.
Coun:ilmember I:it'heraxon asked if the motion included some consideration
of how costs for bicycle parking ,culd to funded.
Or. Sip el, City i:anarer, said that Ted Eoguchi, Director of Transportation,
-lead reported that consideration of funding; for bicycle parking facilities
would be forthcoming in Septeleber.
Councils a fiber Eyerly said t; et it would be wise to_ tine the report so
that Council could act in time to meet the state's deadline for ap ptication -
for transportation funds. • .!C- •
Or. Iloguchi said he knew of no particular deadlines. The County was
appiyin9 to tho Transportation Department for funds, instead of using
gas tax funds --a departure for Santa Clara County.
Councilmember Eyerly said•t1 t in that case he would be satisfied to
wait for the report which rculd corgi in September.
• 1r
Councilmember eazzino asked fir.• !teguchi to vivo attention to the possibility.
of using the hasp lock system. He had heard about a rental systen with
aonthly or quarterly payments, but in areas close to shopping* centers,
and to be used for occasional ;)arkinc the hasp lock system seemed promisinc.
far. iloguchi replied that his department was recommnding that idea
also --individual padlocks for the lockers. There were difficulties
with a „ey-rental system.
l iT1 1 TO CCUTIUUE PASSED: The motion to continue discussion on the
natter of bic,mle parkin) until the time of discussing the special
assessment district for Downtown psrklnC passed en a unanimous vote,
;layor Carey ausent,
CC
AWARD OF CONTRACTS FOR FINANCIAL AND
Rum BOND (CMR:36'T:8)
Councilmember Witherspoon said she had removed the natter from the
consent calendar because she did not care to have matters concerning
money on the consent calendar; in this case she wanted to know how the
City selected these consultants.
.Mark Harris, Utilities Department, said the City had sent inquiries to
six consultants. Four had responded. Bartle Wells had been selected
because it had made the cheapest bid and the City had had experience
with Bartle Wells on the golf course -revenue bonds.
Mr. Sipel added that the City hau had a continuing relationship with the
bond counsel selected for special legal services for many years; it had
reviewed the relationship from time to Tie, and tended to continue it.
Councilmember litherspoon observed that the Finance and Public Works
Committee might look into the matter of choosing consultants and bond
counsels.
MOTION: Ccuncilmember Witherspoon moved, seconded by Eyerly, that
Council authorize the Mayor to sign the following agreement and
contract:
AGREEMENT --MUNICIPAL FINANCING, CONSULTANT
Bartle Wells associates •
•
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CONTRACT FOR SPECIAL LEGAL SERVICES
Jones, Hall, Hill & White
Councilmember Sher said he would explain his forthromir:g °"nos' vote on
the agreements. Though he would have voted for the matter on the consent
calendar, he did not favor the spending of utility revenues in the
hiring of consultants or counsels, now that the matter had been singled
out for discussion.
Councilmember Fazzino asked if Ed Aghjayan, Director of Utilities, had
not been directed =+y Council to return within about sixtmontis to tell
about staff needs for completion of the fourth floor or City Hall.
Mt. Aghjayan said staff would return to Council for award of contract
for design of the fourth floor and the third elevator. First the
matter would go to the Finance and.Public Works Committee for the review
and decision to go ahead with modifications for the fourth floor. If
the COmsittee3s decision was not to proceed, the only outlay of cash
would be for preparation of the plans, and the amount of the revenue
bond would then be somewhat less —perhaps $1.2 million instead , of $1.7
million, and that would lead to a drop in charge for bond services to
the amount of about $3,600. The investment to draw up plans would be
spade whether or not it had been decided to proceed with construction at
this tie. Council would have a chance to review 'the contract again when
Utilities returned with that request to draw up the plans.
Vice Mayor Henderson said he did not want to make any commitment on
finishing the fourth floor or the third elevator that evening.
Mr.' Sipel advised Council that if there .was substantial doubt on the
part of some of the Council about proceeding with the project it would
not be good to spend the coney for plans.
69
8 'l78.
Councilmember Fazzino said he approved of
fourth floor and installing the elevator, a
and get the design worked out.
Mr. Aghjayan said that when the plans were
would have elapsed, and Council would know
said he was willing to talk to the Finance
about finances at its meeting.
Councilmember Eyerly said he understood that costs for planned expenses
would come from the utility budget, and so that meant the expenses did
not relate to the Proposition 13 reductions, He reminded Councilmembers
that the Palo Alto Utilities paid no rent for the space it used, and so
he felt all right about having expenses for finishing the fourth floor
come from its own budget, and not from the budget for the City.
Councilmember Sher said that utility profits, if any; went into the
general fund of the City, and so improvement of the fourth floor and
installation of the third elevator were related to Proposition 13. The
money being diocussed was money paid by Palo Alto citizens, whether it
went into utilities or into the general fund. For those reasons he
still opposed the agreements.
the concept of finishing the
nd he was willing to proceed
finished about six months
more about the finances. He
and Public Works Committee
MOTION PASSED: The not;on that Council authorize the Mayor to sign the
agreement for municipal financing consultant„ and contract for special
legal'sertiices, passed on the following vote:
AYES: Clay, Eyer)y, Faz ino, Fletcher, Henderson, Witherspoon
NOES: Brenner, Sher
ABSENT. Carey
4CAT-PUMP RETROFIT FEASIBILITY
)
Coencilmember Witherspoon said she had known of personal experience with
a heat pump that had been very successful over a 20 -year period. She
thought it might be wiser, rather than spending about $40,000 on a
study, to spend about half that amount ($20,000) on making the heat -pump
known as an alternative to people who were considering replacement of
their present heating systems. She asked Connie Smyser, Of the Utilities
Department, to elaborate on the proposed study. As it was, she did not
favor the contract, half of which was to paid for by the City and half
by the American Public Power Association (APPA).
Connie Smyser, Utilities Department, said that heat pumps had been
around for a long time. Yet, even in Palo Alto, which had a high climate
potential for making heat pumps successful economically, the heat pump's
advantages were not known, especially in retrofit situations. She said
it was felt the study would give the Utilities Department a plan as to
which of the variety of programs should be promoted. The study would
also help target the kinds of homes best suited for retrofit, giving
mode management, and that information would be useful in the future.
Mr. Aghjayan added that the study would help determine whether or not
heat -pump retrofit was really a -conservation tool and therefore worth
spending money on. The utility's present conservation program was
geared toward homes that had attics where insulation could be easily
installed. The heat pump study would give information toward possible
conservation measures for use in Eichler homes, which_ it was not possible
to insulate easily. The heating system in Eichler homes. with pipes
laid in concrete, was difficult to replace, and it would require.,a study
;..to know whether or not heat -pumps were the answer.
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Councilmember Witherspoon )sked if it could not be learned what householder
had heat pumps, then compare utility bills to pre -heat pump use. Also,
perhaps a heat pump manufacturer would outfit an Eichler, and that would
give comparisons, and the money would not have to be spent on a study.
Ms. Smyser said inquiry had shown there were "...almost no heat pumps in
Palo Alto." That had been determined through a Utility bill mailer, as
well as through checking through various installers. Also, some earlier
heat pumps were poorly installed and much less efficient than the more
recent models, and so they would not give reliable data.
W. Aghjayan amplified that a committeeof twenty members, representing
20 cities throughout the country, of the APPA, had awarded the grant.
The vote had been nineteen for awarding the grant, one against, for Palo
Alto's application had beep thought very worthwhile --a real vote of
confidence in the worthiness of the project.-
Councilm er Fazzino said he had the dilemma of wanting to cut back on
government expense and also wanting to further alternative conservation
measures. He said he had to acknowledge that he thought this kind of
study could be carried out without the intervention of government. Were
there any studies conducted by heat -pump firms now in business?
Ms. Smyser replied that Electric Power Research Institute (EPRI) had
done some related research, but none in the retrofit area. Palo Alto
intended to work with local and national industries on research; much of
the instrumentation was sophisticated enough to do the kind of monitoring
the proposed study outlined. Palo Alto's portion of the grant money
would be spent on instrumentation, those instruments to be the possession
of the City, with possible future use in monitoring a variety of other
energy consumption projects.
Councilm►ember Fazzino asked Mr. Aghjayan if it :as*useful to seek the
support of other local industry groups in this kind of project, possibly
precluding the need for Palo Alto's €xpenditure of funds. Support of
local groups, te thought, would be sought in other areas soon -.-perhaps,
because of the technology involved, this might be one such` project with
which to start that method.
MOTION: Councilmenber Fazzino moved, seconded by Sher, that Council
approve the following ordinance;" :. . • •
-
i DIMAMCE NO. 3069
ACIL OF THE CITY OF PALO ALTO
AMENDING THE 1978-1979 BUDGET TO REFLECT THE RECEIPT
OF A GRANT FROM THE AMERICAN PUBLIC POWER ASSOCIATION
TO PROVIDE FOR A FEASIBILITY STUDY OF CONVERTING °
EXISTING RESIDENTIAL HEATING SYSTEMS TO HEAT PUMP SYSTEMS
t
Mr. Aghjayan said he thought local industry had great technological
capability, but the applicabiyity of the study was toward residences,
and not toward industry. Palo Alto Utilities did not intend to add
staff; the feasibility of doing the project without adding.staff had
already been surveyed.
Council r'Fazzino said he had hoped local industry would help with
other than industrial matters. He asked if there was a deadline on
time.
Mr. Aghjayan said he thought the dates for acceptance of the grant award
was opera -he dj.d. not think APPA had ever. awarded a grant then e
recipient turn it down.
7-
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•
„I
Councilmember Fazzino said he did not want to kill the project, but he
did want to hunt out other possible sources for help with the same
project not requiring expenditure of funds; the matter could go to one
of the committees for further inquiry.
Mr. Aghjayan said he saw the alternative of picking up on the study,
approaching industry as the study started, with industry to join in as
the study got underway; in that way Palo Alto could cut down on its
financial contribution,
Councilmember Fazzino said he would accept that alternative in good
faith. He emphasized that subsequent projects would be viewed favorably
or unfavorably according to whether or not community help had been
sought prior to submission of the project for Council approval.
Rainer Schultz, 660 Alger ()rive, said he had lived far six years ir: an
Eichler -designed house which had been retrofitted with a heat pump. His
gas bill had been about $20.00-$20.00 per month, and his electricity had
been about $12.00, including other household uses than heat pump. He
said he thought those figures showed that the operation was very efficient,
and "...1 can s'tvO you $40,000'° with those statistics.
Ms. Smyser replied that the heat pumps were electrically driven.
Mr. Schultz answered that his $12.00 figure for electricity spoke to
that fact. He said the system had been installed by Anderson Hydronics
Systems, for about $800.0041,000.00. The house was kept very comfortably
warm.
Councilmember Sher said Proposition 13 had given him a clear message
regarding such matters as finishing the fourth floor and installing the
third elevator. The staff report regarding the heat pump showed that
$13,000 of the $20,000 required from Palo Alto on the heat pump study
had already been expended one year previous. The amount remaining for
this year seemed to be $6,224.00. Council was being asked to match the
$13,000 APPA was giving, by way of a budget amendment. Apparently the
matching share had already been spent by the City, and the APPA grant
was in recognition of the City's expenditure. The project promised
economic benefit to consumers as well as the City. For that and other
reasons he would support the motion.
Councilmember Eyerly agreed with Councilmember Sher's conclusions.
Councilmember Erenner said she would like to see industry and commerce
come forward with application of the heat pump for private housing;
failing that she thought that in the interests of conservation it was
"incumbent upon public bodies to do what they can."
Councilmember Fletcher noted that anything done to cut down an increase
in electricity usage meant that the time for the City having to invest
in other sources would also be set back, and that would benefit all.
Councilmember Witherspoon said that though she thought heat pub retrofit
was 4 good idea, not many homes would be replacing their heating systems --
she did not favor a study on the matter. She thought a mailing telling
of the alternative was the most economical and realistic idea.
MOTION PASSEf : The motion that Council approve for first reading the
ordinance amending the 1978-79 budget passed on the following vote:
AYES: 6?ginner, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher
NOES: Witherspoon
ABSENT: Carey
72
8/7/78
•
MOTION: Councilmember Fazzino moved, seconded by Clay, that Council
authorize the Mayor to execute the agreement with APPA, with the understanding
that efforts would be rude on the part of the City to include the support
of private industry.
AGREEMENT - RESEARCH AND DEVELOPMENT GRANT'
American Public Power Association (APPA)
The motion passed on a unanimous vote, "Mayor Carey absent.
SKATEBOARD = NAANC E
Councilmember Clay said he had r-noved the skateboard ordinance from the
consent calendar --he planned to vote against it for he did not think the
ordinance necessary. He thought it would be hard to enforce and he
thought it was over -protective. If the matter were before Council in
motion form he would be inclined to move to table it; he said.
Marilyn Norek•-Taketa, Senior Assistant City Attorney, said that the
ordinance had arisen in response to a complaint the Mayor had received
in April. Staff had not invested much time in investigation, in response
to the stringencies of Proposition 13.
Forrest C. McElfresh, 703 Clara Drive, said his two children exercised
their dog by having him draw their skateboards. He said he knew of only
one complaint against the activity in the City, and that there had been
no reports of injuries.
Clark McElfresh, 703 Clara Drive, said he personally participated in
using a dog -drawn skateboard, and it had been safe up to now. He asked
if someone were using a horse-drawn wagon he would be stopped.
Councilmember Shea' asked if the dog -drawn skateboard could not be used
in the street instead of the sidewalk, which the ordinance was designed
to prevent.
Ms. Norek-Taketa reminded Council that skateboards were already prohibited
on Palo Alto streets. -
Laurie Gschwind, 775 Sutter Street, said she saw nothing objectionable
to the practice, and the dog enjoyed it.
Suzette Lawler, 775 Sutter Street, said that she thought the women who
had complained merely "...doesn't like kids:"
Michael Hunt, 775 Sutter, concurred with the previous speakers.
Virginia Shefcheck, 301 Leland Avenue, Menlo Park, represented a group
called "Californians for Humane Legislation."' The group wanted to
promote humane legislation and end the abuse of animals. The ways to
exploit animals for entertainiment, profit, or for amusement, she said,
were numerous. Dogdrawn skatesboards offered another way in rich both
rider and the dog could be injured. Also, sometimes animals t+ere "exercised"
beyond their endurance. She asked that the ordinance be enacted.
Councilmember Clay asked if Ms. Shefcheck objected to working dogs, such.
as huskies and samoyeds, pulling_ skateboards:
Ms, Shefcheck said there was a high incidence of accidents with dog- '
drawn skateboards. On the matter of the dogs' enjoyment, she questioned
that, for exampte; in the case of those -animals trained to fight; -they
could not be said to be enjoying themselves.
7178
Councilmember Fletcher asked about skateboard injuries when drawn by
dogs.
Ms. Shefcheck said that she was a registered nurse; she had seen numerous
skateboard injuries --she did not know of injuries from skateboards towed
by animals.
Jean Slocum, 1990 Cowper, said she thought the proposed ordinance was
ludicrous --for example, how would one determine if the dog were being
"walked" or was towing?
Councilmember Sher said that he thought this "skateboard affair" would
be equated with the recent °'barberpole affair." He had inquired into
possible legislation and he had placed the matter on the agenda so as
not to bury it and avoid confrontation with the issue, so to speak.
MOTION: Councilmember Sher moved that Council approve the following
ordinance:
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 10.64.240 OF THE PALO ALTO MUNICIPAL
CODE TO PROHIBIT THE TOWING OF SKATEBOARDS AND
SIMILAR DEVICES BY ANIMALS.
The motion failed for lack of a second.
Councilmember Fazzino asked the r lationship of the leash law to the
skateboard towing activity.
Mr. Norek-Taketa said that the dog would no doubt be considered to be
leashed if it were towing a skateboard.
Councilmember Brenner said she thought one outcome of the foregoing
discussion might be that youngsters on skateboards remember they had to
grant rights to walk to pedestrians.
(Continued from March 13, 1978)
FINANCE AND PUBLIC WORKS COMMITTEE
3LL. Nt : UTILITY -RATES (CMR :368:8 )
The Finance and Public Worts Committee, on a two -to -one vote (Eyerly
absent) recommends Council adoption of the proposed resolution amending
Schedule E-2, corrected to include a .2 percent bonus for each 1 percent
greatee than 90 percent power factor.
Vice Mayor Henderson said that Mayor Carey, who had been chairman of the
Finance and Public Works Committee at the time of discussing this
matter, had withdrawn his objections which had led to his negative dote.
Ed Marizek, Light and Power, said his department had met with the industrial
group. He felt his department had a good relationship with the Industrie!
and commercial users in Palo Alto. In the meeting with the industrial
group they had agreed upon the formula which would benefit not only the
Light and Power Department but also the customers involved.
MOTION: Vice Mayor Henderson, on t: elf of the Finance and Puol is Works
Committee, introduced Commltteeis re,emmendation and the following
resolution and moved its adoption by Council;
RESOLUTION 6581 entitled '° RESOLUTION OF THE
COMM THE C I Tit OF PALO ALTO AMENDING
SCHEDULE E-2 OF THE CII/ OF PALO ALTO
UTILITIES RATES AND CHARGES TO INCLUDE POWER -FACTOR
IN COMMERCIAL ELECTRIC RATES."
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1.f;1ic�FELOW THIS LINE Pv.l�A6lo
1
t
l
6
ii
Councilmember. Fazzino said he appreciated staff's work on the proposed
resolution, though six months ago when the project had first cone before
Council he had not thought enough in -put had been given. That had been
rectified, and he appreciated that. He asked what lay behind the choice
of 90 percent rather than 95 percent, which was required by the Department
of Energy.
Mr, Mrizek said there were power factor control devices on the City's
utilities. If customers were moved up to the 90 percent figure, the
City could, with its equipment, maintain the 95 percent.
Councilmeiber Henderson commended staff for having arrived at a compromise
figure. t
MOTION PASSED; The motion.that Council adopt the resolution passed on a
ursnimous vote, Mayor Carey absent.
REQUEST OF 'YOR CA.RE'f RE
s� ry
Vice Mayer Henderson introduced the matter of Mayor Carey's letter to
Councilmembers regarding alltist Rick Shirley's attempts to work toward
arranging discarded concrete blocks in the Baylands into something
"..:of aesthetic value,' but having trouble attaining the use of a
materials -lifting crane to help in his efforts. The Building Department,
and other City departments and co issiorts_bad expressed some wish to_
intercede toward having the right to approve or disapprove Mr. Shirley's
design. In his memorandum, Mayor Carey asked that hir. Shirley's request
for a crane be acceded to; 1.e added that an anonymous donor had offered
to pay the cost for the use of the crane.
Councilm iber Witherspoon said that she had spoken with Mayor Carey on
the phone during recess, and Mayor Carey had said that Forrest Anderson
of Power -Anderson contracting fire had also offered to provide use of a
crane. She aske ,. how the matter would best be set in motion.
Mr. Sipel replied that a number of "...hoops to jump through" remained
including Bay Conservation District Commission, Palo Alto Building
Department, Architectural Review Board, perhaps the Visual Arts jury,
Planning Commission, and the City Council.
Vice Mayor Henderson suggested that a statement of approval from the
Council aright help get the project in motion.
Mr. Sipel agreed, adding that it might not affect the Building Department,
though it might influence other agencies.
Councilmeaber Witherspoon asked if the Building Ins actor would be
concerned about safety --how did the project differ from playground
equipment? -
ir. Sipel said it would make a determination of the safety of the project.
Councilmamember Witherspoon asked if the Building Department had looked at
the other sculptures around the City with safety in mind.
MOTION: Coutrciimrrember Witherspoon moved. seconded by Eyerly, that the
Council direct staff to start procedures permitting Mr. Rick Shirley to
go aI:tad with hisjroposed sculpture in, ,the Baylands.
7 5
8/7/78
s4
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Councilmomher Witherspoon said perhaps staff could start with BCDC, or
whichever seemed most appropriate.
Mr. Sipel said staff would attempt to outline a procedure least costly
in time.
Rick Shirley, artist, said that last December the head of the Visual
Arts jury had said he would give Mr. Shirley $640 to run the crane. The
head of the Visual Arts jury "...loved the idea...but that dwindled out
within a month for some unknown reason." lie had attended a meeting of
the Planning Commission, which had referred him to that present evening's
Council meeting. The proposed sculpture would "...probably cost $20,000
if you wanted to have something like that done out there. . . " The
work was volunteered and the material was recycled. The Planning Commission
had also mentioned that platforms for viewing wildlife could also be
built. The proposed structure was safe --it would be about three and
one-half feet high. He saw little possibility of a 500 -pound block
being dislodged when it was only two and one-half feet off the ground.
He would like to get busy on it while his and other people's energy was
high.
Councilmember Witherspoon agreed with Mr. Sipel that "something in
writing" should be worked out with Mr. Shirley.
Councilmember Brenner said she liked the idea, while, at the same time,
acknowledging the need for going over some hurdles —it should perhaps go
through the Baylands Master Plan which would be before Council in September.
if it were carerully worked out it could be enjoyable.
Councilmember Sher supported the motion, thanking the planners for their
innovative ideas. "Starting the process" to h`m meant the process would
be expedited, but concerns of respective jurisdictions should be covered,
for example, there had been a "tremendous uproar" about the two towers
proposed for the sewage disposal system, though he knew this proposed
structure was going to be tow. He did want to see the results of the
deliberations of the various bodies.
Mr. Sipel said he thought Bay Conservation District omission was the
critical agency, and it might take some time to get the project approved
by it. Also, improvement to park dedicated land required two readings
of a proposed ordinance, along with approval by the Planning Commission.
Some time would be needed. He estimated approvals could take up to
three months to obtain.
Vice Mayor Henderson conf i r with Counc i lr Witherspoon that her
motion did not propose eliminating any of the steps outlined by Mr.
Sipel.
MOTION PASSED: The motion that Council direct staff to start procedures
permitting Mr. Shirley to go ahead with his proposed sculpture in the
Baylands passed on a unanimous vote, Mayor Carey absent.
REST OF MAYOR CPR.CY RE
NINEWRaimaratiarse
Vice Mayor Henderson said a mailgram had beer, received regarding possible
elimination of public employment as a Comprehensive Employment Training
Act (CETA) activity.
George Sipel, City Manager, said he had talked to the Santa Clara County
representative in Washington about the mm ttrar the delegate did not know
until Wednesday, when the proposed bill had been heard, whether or not
76
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the CETA provisions would be limited. If public service employment as
an eligible CETA act;vity were eliminated, the City would be affected
Palo Alto was working with other cities in Santa Clara County to lobby
against ,that provision, as well •as for inclusion of others.lie thought
Council could support continuation of the CETA public service portion of
its program.
MOTION: Councilnember Fletcher moved, seconded by Brenner; that the
Mayor be directed to write to Palo {Alto's representatives in !!ashington,
D.C., urging them to assure that the CETA program, as currently constituted,
be continued; specifically that CETfb programs be allowed to continue in
public service positions,
Councilmember Eyerly asked Hr. Sipe f he knew about hour many CETA
positions had been made available throughout the country; the mailgram
had spoken of a cut of about 30,000 positions.
tb^, Sipel said he did not recall exactly --he mould guess about 150,000.
The City had 43 CETA positions; in the next allocation period, beginning
in October, the City had applied for S0; the number eras quite, smal l .
Council, ,ber Eyerly said CETA positions had been discussed in Finance
and Public Works budge` meetings, with the Committee asking that staff
not use CETA ;ositiois to balance their operating budget, but, instead,
be used in positions and for projects that would be "extras." Council -
member Eyerly said he saw so many jobs available in the three major
newspapers in the Bay Area, and he did not want to ask the federal
government for more money for this area. He thought Proposition 13
spoke to cutting back on expenses. i:e found it difficult at this tiro
to talk of voting I pproval for lobbying to keep CETA jobs.
Sipel said Council could support or oppose the basic legislation
before it that evening; or Council could decide whether or not Palo Alto
should participate if CETA positions are available. Staff would report
to Council next year where it had been using CETA people, and what
problems in administration that use had been giving. when present staff
became smaller2 in response to Jervis -Cann cuts, CETA employees became .
more valuable. There were administrative problems, horiever, and as the
Personnel Deportment vas cut in size it would become more difficult to
administrate those problems. Some CETA regulations gave problems here
fn California, also. If aome of those clatters could not be clean
it would be questionable as to whether or not Palo Alto wanted to continue.
Councilmember Fletcher said she favored keeping the CETA prcrran going
for the present. Qesprte the number of ads there was a high rate of
unemployment n Santa Clara County, especially among young people, who
were helped by the training provided by CETA. tonally, industry did •
not talcs you+ + people and train them, in sufficient numbers.
NT:ui PASSED:' The motion that the Mayor be directed to write to Palo Alto's
representatives in Hashirgton, D.C,, urging them to assure that the CETA
program as currently constituted continues, and, specifically, that CETA
-program be allowed in public service positions, passed on the following
vote:
AYES: Brenner, Clay, Fazzlno, Fletcher, Henderson, Sher
Ilk Eyerly„ Iii therspoan
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IN
REQUEST OF COUNCILMEMSER WITHERSPOON
S--
TF1 RENT RELIEF INITIATIVE
MOTION: Councilmember Witherspoon moved, seconded by Eyerly, that
Council direct staff to report on the question of legal and financial
ramifications of the rent relief initiative and answer the questions
set forth in her memorandum of August 2.
Robert Moss, 4010 Orme, said that most of the questions posed by Council -
member Witherspoon's letter to Councilmembers were answered in the initiative
ordinance. Section 23.040.50 which would be before the voters in November,
and said, regarding the matter of expiration, "For one year, beginning
on the first day oc the first rental period beginning on or after the
date of the effect of this chapter. . He said the questions was
moot, and that the ordinance "self destructs" after one year. The City
would undoubtedly have costs in placing the matter on the ballot. He
thought it "behooved" Council to adopt the proposed ordinance when it
came before Council August 14, and save those costs. So far as constitution-
ality of the proposed ordinances Attorney General Younger had said it
would be constitutional, for rent control as well as rent relief was
constitutional. Mr. Moss said that the number of properties affected
was irrelevant --the relief was for peoples notfor property. Section
23.04.020 spoke to the questions of Stanford land, for it said "Real
properties and and improvements used for living or dwelling purposes or
for any other property...for rent or rommercial purposes. . . ," Stanford
rented only land, so it would get only savings in land tax. unless land
renters such as Varian were so minded to sue Stanford for rent relief.
There would be no cost to the City for administration of rent relief.
Cases would be adjudicated in the courts. Mr. Moss quoted a passage
from the Magna Carta as precedent for the legality of the rent relief
initiative.
Herb Borock, 424 Lytton, spoke as treasurer of Palo Alto Citizens for
Rent Relief. He added to the comments Mr. Moss had made about Councilmember
Witherspoon's questions. He said he thought there were enough votes
present in Council that evening to determine how much of Councilmember
Witherspoon's letter got forwarded to staff. He held that all the
questions except that concerning the cost of placing the rent relief
initiative on the ballot were so worded as to elicit a certain response.
The rent relief initiative differed from the Berkeley ordinance in that
Mr bureaucracy was set up and a time -limit of one year, rather than
*iae indefinite" was stated. So far as Stanford's land tenants suing
lior rent relief, the boards of directors of both commercial and academic
organizations were one and the same. So far as number of rental units
involved --that merely meant a numerical bias could be injected. If the
questions in Councilmember Witherspoon's letter were sent to staff it
would mean the City was beginning a political campaign to defeat the
rent relief initiative, Mr. Borock said.
Marvin Sheppard, 130 Lowell, said he was a member of the Palo Alto Real
Estate Board and a member of the Tri-County Apartment Owners Association,
and treasurer of Fair Housing, Incorporated, of Palo Alto. He said he
also owned several single-family dwellings. He thought the proposed
ordinance should go to a vote of the people this fall. Council could
not deliberate the ordinance's complexities in the short time it had.
The amounts of increases in charges for rents were all relative, so
far as percentages were concerned.
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Don S;rrath, 1930 Ivy Lane, said he had known of many people who had had
their rents raised in this month. He felt a time of pressure for renters
was approaching as Stanford University began another academic year, and
that the rent initiative was very timely.
Councilmember Brenner pointed out that if the ordinance was passed by
Council it could also be repealed by Council. She thought it would be
useful to have some of the information requested in Councilmember Witherspoon's
memo. Of the questions in the memo she would not include those concerning
constitutionality nor the number of properties nor the cost to the City
of administering the rent control program. She suggested voting on the
questions separately.
Councilmember Fazzino said he thought it was foolish to take the items
one by ores --Council would get to the matter next week andithen deal with
it in detail.
Councilmember Witherspoon said she thought her questions were reasonable --
the number of residential and commercial units being rented was a matter
of concern, as was the question of the bounds of which properties would
be affected.
Councilmember Sher said that at the next week's meeting Council had to
decide whether to enact the ordinance or set it down for an election.
Information on which to make that decision would be needed. He would
therefore support the motion.
Vice Mayor Henderson demurred at Mr. Borock's statement that referral of
the questions to staff for answers constituted a political save by the
City --Council needed such objective information on which to make its
decisions.
MOTION DIVIDED: Vice Mayor Henderson divided the motion and asked Council
to vote separately on each question raised in Councilmember Witherspoon's
memorandum of August 2.
MOTION ON QUESTION! OF ACTIVE TIME PERIOD OF THE ORDINANCE PASSED:
The motion passed on a unanimous vote, Mayor Carey absent.
MOTION ON QUESTION ABOUT MANNER IN WHICH ORDINANCE COULD BE REPEALED
PASSED:
The motion passed on a unanimous voce. Mayor Carey absent.
MOTION ON QUESTION ABOUT COST TO THE CITY OF PLACING THE RENT RELIEF
MATTER ON THE NOVEMBER BALLOT, PASSED:
The motion passed on a unanimous vote, Mayor Carey absent.
MOTION ON QUESTION OF CONSTITUTIONALITY OF MATTER, AND COST OF POSSIBLY
DEFENDING IT, PASSED:
The motion passed on the following vote:
AYES: Clay, Eyerly, Fazzino, Fletcher, Henderson, Shar, Witherspoon
NOES: Brenner
ABSENT: Carey
MOTION ON QUESTION OF NUMBER OF INDIVIDUAL RENTAL UNITS AFFECTED BY
THE INITIATIVE, PASSED:
The motion passed on the following vote:
AYES: Brenner, Clay, Eyerly, Fazzino, Henderson, Sher, Witherspoon
NOES: Fletcher
ABSENT: Carey
MOTION ON QUESTION ABOUT COST TO THE CITY OF ADMINISTERING THE PROPOSED
RENT RELIEF PROGRAM, PASSED:
The motion passed on the following vote:
AYES: Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon
NOES: Brenner
ABSENT: Carey
ORAL COMMUNICATIONS
1. Rainer Schultz, 660 Alger Drive, said that when he questioned
the City a ut the repaving of Hansen Way he had been told
Hansen Way was ''...the worst street in Palo Alto." He did not
think it was the "worst" street, and he thought the money was
being spent just because the money was there. He cited conversations
he had had with various depar nta€ workers to support his claim
that the :honey was b-eing' spent- thoightlessly. ' He asked for
more watchfulness on the part of the City on such expenditures.
Mr. Sipel responded that he had asked the Street Superintendent to get
in touch with Mr. Schultz last week. Ben Pawlcski, Director of Public
Works, had said he would look into the :matter and there wuld be a
report on it.
Ccuncilmember Carey arrived at 11:10 p.m.
ADJOURNMENT TO EXECUTIVE SESSION
Council adjourned to Executive session regarding litigation, at 11:10
p.m.
FtMAL ADJOURNMENT
Council adjourned at 12:00 midnight.
ATTE
Cisty Clerk .�
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APPROVE:
Vice Mayor