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HomeMy WebLinkAbout1978-11-20 City Council Summary MinutesITEM PAGE Regular Meeting November 20, 1978 Minutes of October 11, 1978 (Continued from November 13, 1978) 3 1 6 Oral Communications 3 1 6 Dale Gordon, 2750 Emerson Harrison Otis, 909 N. Califcnia Executive Session 3 1 6 Consent Calendar Extension of Joint Exercise of Powers Agreement 3 1 6 4270 Manuela Way —Preliminary Par=cel Map -Application of Lela 3 1 7 G. Noble 853 Middlefield Road --738 Homer Court: Preliminary Parcel.Map, 3 1 7 Application of Neil MacNeale III 750-764 Bryant Street --Final Condominium Subdivision Map (8 Units), 3 1 7 Application of Theodore and Claudia Cope Planning Commission Recommends Deletion of Section 18.47.040(a) 3 1 7 of the (P) Combining District From the Zoning Ordinance Red Cross --Approval of Alteration to Building and Lease Amendment 3 1 7 Boy Scout Lease --Approve Alterations 3 1 8 Girl Scout Lease Extension Lucie -Stern Community Center 3 1 8 Sale of Surplus Property--0e1ke Adjacent to Matadero Canal 3 1 8 Public Ferri ng—Change of Comprehensive Plan Land Use Map for 3 1 ft Properties at 165 Bryant and Eight -Unit' Odom inium at Corner of Poe and Soent Avenue Ordinance Imposing Moratorium on-Alcoholicleverages License 3 2 2 in Meighb9rhood Commercial Zones - (Emer y_ Ordinance Effective Immediately) Request of for Carey re Liquor $torevin Neighborhood Commercial Zees 3 2 5 Conditional Use Permits Recovery of Precious Metals from Sewage Sludge Incinerator Ash 3 2 7 (Continued from October 30, 1978) Veterans' Building Roof: (Continued from November 13, 1978) 3 3 3 Cancellation of Nove ber'27 Council Meeting 3 3 5 Continue Consideration* of - Improvement' on Arastradero Road , to 3 3 5 December 10, 1978 Horan Relations Commission Intery ewe ,: 3 3 5 Jaint hooting of -Palo Al to ul th East Palo Alto 3 3 5 Oral Communications 3 3 5 Adjournment to.Executive Session 3 3-5 315 11/20/78 November 20, 1978 Regular Meeting Corrected see page 383. The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting, Mayor Carey presiding. PRESENT: Brenner. Carey, Clay,'Eyerly, Fletcher, Henderson, Sher, Witherspoon ABSENT: Fazzino MINUTES GF Oc. 9 DER l 1 1978 ( R+ r r -, 1978) Councilmember Sher pointed out that the wording of -his -motion had been given correctly en the transcript, just before the final -vote was given. He asked that the motion on the final set of the minutes for October 11-, be changed to read: "What the City adopt a gredieg'.plawbased on*closure of the landfill at the earliest possible date consistent' with the develop- ment of alternative disposal and resource recovery methods, at a feasible cost, but no later than 15-20 years." MOTION: Councilmember Sher moved, seconded by.Fletcher, that the minutes be corrected as he directed. The mo*ion.passed on -a unanirr.us voice vote, Councilmember Fazzino absent. MOTION: Vice Mayor Henderson moved, seconded by Fletcher, that Cd ncil approve the minutes of October 11, as corrected. The motion passed on a unanimous voice vote, Councilmember Fazzino absent. ORAL COl .'NICATI0NS 1. Dale Gordon, 1750 Emerson, chairanars of- tie- United Veterans Council of Palo Alto, said that at that organization's meeting of O&:tober 15, a unanimous vote favored purchase of the Veterans -Building, and if ., they were unable to purchase it. they wished to' became occupants and would cooperste in* the rehabilitation -of the building 2. Harrison Otis, 909 N. California, paid tribute to Congressman Leo Ryan who was congressman of` the 11th congressional d'strlct, recently murdered in Guyana, South America, in a -visit to'Jonestuwn, Guyana. EXEiUTI'VE I Mayor Carey announced that an- E ecutitae door` to- last about one hour to- discuss 11tigetion and- personnel setters' rid take- place after the dingy O AGREEMENT TO EXTEND UNTIL JANUARY 1, 1980, THE JOINT EXERCISE 0f SRS AGREEMENT-40RN SANTA CI.ARA COUNTY MUNICIPAL SOLID WASTE MANAGEMENT 316 11 /78 4270 MANUELA WAY --PRELIMINARY PARCEL MAP The Planing Commission unanimously recommends approval -of the application of Lela G. Noble for a preliminary parcel map with exceptions for property located at 4270 Manuela Way. RESOLUTION 5616 entitled "RESOLUTION OF THE COUNCIL uF THE CITY OF PALOALTO LTO APPROVING THE' MISCELLANEOUS DIVISION OF LAND AT 4270 MANUELA WAY AND GRANTING EXCEPTIONS WITH CONDITIONS." 853 MIDDLEFIELD POAD--73S HOMER COURT VirrintinriringcNEALE III The Planning Commission unanimously recommendsapproval ot the application of Nell McNeal a III for a preliminary parcel maapwith exceptions for property located at 853 Middlefield Road, and ' 738 Homer Court. RESOLUTION 5617 entitled "RESOLUTION OF :THE COUNCIL OF THE 71 0-71:tC APPROVING THE MISCELLANEOUS DIVISION OF LAND, 853 MIDDLEFIELD ROAD AND 738 HOER COURT AND GRANTING EXCEPTIONS." 70-764 BRYANT STREET-- SION MAP '8 UNITS1 The Planning Commission ',nanimmouvly recommendsapproval.of the appliotion of Theodore and Claudia Cope for a Final Condominium Subdivision Map (8 units) for property located at 750-764 Bryant Street. PLANNING ISSI. RECOMMENDS I}� P � c N1 1 STR1�Y of The Planning Commission unanimously recommends that -Council delete Section 18.47.040(a) of the (P) combining district from the Zoning Ordinance. ORDINAMCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDIPtG SECTIONS 18.47.010 AND 18.47,040 OF THE PALOALTO RINIC1 PAL C00€ (PEDESTRIAN SHOPPING COMBINING DISTRICT)(P) TO ELIMINATE USE RESTRICTIONS (1st Reading) (CMR:4a9:8) The Red Cross proposes to add 2,400 square feet of -building are to provide additional classrooms. The present -building covers 4,845 square feet of leased property. Estimated cost of the addition is $4:,QOQ.... AMENDIENT NUMBER l TO CONMACT NUMBER 3604 LEASE AGREEMENT — AMERICAN RED CROSS Palo Alto -Area Chapter of the American Red Cross ORDINANCE Of THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING PLANS FOR AR ADMIT I Ot4 TO A STRUCTURE AT EL LINO PARK (1st t di ng ) 31 7 11/20/18 BOY SCOUT LEASE —APPROVE ALTERATIONS (CMR:460:8) The proposed lease has been reviewed as to form by -the City Attorney's office and staff recommends that Council:approve'the'prcposed building modifications and authorize the Mayor to execute the'attached lease. LEASE --Stanford Area Council, Boy Scouts of erica GIRL SCOUT LEASE EXTENSION rn omRoun y erg er(CMR:461:8) The proposed lease has been revived' as to formw by. the'City Attorney's office and staff recommends that Council authcri ze - the' Mayor bo . execute the proposed lease. LEASE --Santa Clara County Girl Scout Council, Inc. SALE OF _SURPLUS PROPERTY- -OELKE 462:8) Staff recommends approval of the- sale of the subject' surplus property by authorizing the Mayor to execute- the quitclaim deed. MOTION: Councilmember Fletcher -moved, seceded by. Henderson, that Council approve the Consent Calendar. The motion passed on a unanimous vote, Mayor Carey abstaining on the matter concerning the property at 750-764 Bryant, Councilmember Fazzino absent. PURL C HEARD --CHANGE OF COMPREHENEIVE PIUM AT CORNER Mayor Carey observed that the.Planning Commission -recommendation for change of the Comprehensive Plan had been on a 4-2 vote. He -declared the public hearing open. Planning Commission Chairwoman„ Emily.Renzel, said.she had nothing to add to the Comartsslon's transmittal minutes; she would•be glad to answer questions. Councilmember Sher asked that M. Renzel review- tars• issues behind the divided vote of 4-2. Mt. Renzel ss i d she and Casai ss 1 ones Gordomopposetmaking a change 1 the Compre►hens 1 ve Plan, Those ca 1 ss 1 on er s favori ng' change. hid that If 187-189 Hawthorne were to be permitted as apartments it was consistent to extend that change. down to Poe Avenue. Counct lmember Brenner asked' what the difference was between lots that were long and narraw in the R-1 and R-2 zones, from those in —the RN -1 zone. Ms. Renzel replied that the corner lot had already been developed. The two shorter lots would all ow perhaps only 1 bni t - froth. 165 Bryant, the original lot considered by the Commission for' theland eae change, would allow 3 units under the f-1 and 2 units order the -R-2 2000 with single- family designation. 318 11/20/78 •� 3 Ken Schreiber, Assistant Planning Director, added.that the map now appearing on the screen showed that 3 units`couldebe:handled at the lot at 165 Bryant, but only 2 units, perhaps a'duplex,-w1th R-2; the parcel at 161 Bryant would permit only 1 unit with any zoning. Councilmember Brew- concluded that tree' Comprehensive Plan change would affect only 1 lot, making 3. units- possible,' iesttad- of- 2; There was some possibility that the fact that there were two multiefamily zoned lots might "set standards" for the balance of the block, which'was'not desirable, Ms. Renzel agreed that the change in -the -Comprehensive PlanHWduld lead to a change of adding 1 unit on 165 Bryant. The corner- condominium at Poe had been "grandfathered" in. Councilmember Fletcher asked the effect of` the recommended change on the 3 single-family homes between Hawthorne and Poe. Ms . - Renzel-replied that those parcels south 0f:167 -Bryant would be unchanged —they were already designated multi -family. The proposed change was not in zoning, but in land use. Councilmember Fletcher asked if the -owner of 165 -Bryant could buy up 161 Bryant and so create multi -family conflict on the combined lots, Mr. Schreiber said that if the two lots were combined the yield of 4 units would have to be charged so —that —the iots'could be developed acceptably. There would be no advantage. Insofar as density was concerned, only 1 unit would be added to the deep lot. Councilmember Fletcher asked If den=ity could be ganged on the three separate lots now in single-family. _.. Chairwoman Renzel said she thought an- apar t'buildfrg had already; been built in one of the subject parcels. Mr, Schreiber confirmed that the density would not change. Counci 1m r Sher noted that the. owner of t65' Bryant. had suggested, in the Planning Commission minutes, that the lot at' 165' Bryant was ideally suited for another 12 -unit apartment development, such ats- thet on Poe. If the Comprehensive Plan were changed, only 3 units would. be- permissible on the 165 Bryant lot. Mr. Schreiner said that was correct. The' Plsnning CoiMisision tied indicated during that meeting that they foresaw nd density higher then ►i-1. Councl lraeaber Sher pointed out -that the actua1'sction of the Planning Commission had been to favor t e ehange--to AM -1, o�.�ultiple-fea�ily. Therefore any AM one could be applied, but a zone. charm would be needed. Yet only the change in the Comprehensive- Plan from single family to multiple family was before Council. Mr. Schreiber replied that before any change in the -Comprehensive Plan or in zoning was put into effect it would have to- ret n- t. tine Planning Commission and the Council We recalli that the -Planning Deportment had rands all changes adjacent to single family- toward- the -lower end of permissible densities. . Willies 0. Sauer's. 355 Homer.: pointed out-that'1$l `eryent was the only lot currently zoned single family. next to 165. At 166 Bryant, it was e single-family residence on a 254-fot-1et: a xt deer was. a- single-family ' residence on a very small lot, 37 feet wide. ilext‘ to. thet narrow lot 319 11!20!78 4b, ar 1 was an 8 -unit condominium. To the south was -a'12 -unit apartment building on Hawthorne. That had seemed inconsistent to' him that the two single- family lots only were not zoned multi -family. Across the street there was an apartment with about 85 units. Mayor Carey ascertained there were no' further speakers from the public, then he declared the public hearing closed. MOTION: Councl lmember Clay introducedthe' following' resolution, pursuant to the Planning Commission recommendation, and -seconded by.Eyerly, waved its adoption by Council: RESOLUTION 5618 entitled "RESOLUTION OF THE COURClU T > CITY OF PALO ALTO ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR' THE DEVELOPMENT OF THE CITY OF PALO ALTO." Councilmember Sher asked if the parcel marked with'an 8 was zoned RM-1. Mr. Schreiber replied that it was. The parcerconformed because it was legally non -conforming --there was no amortization clause. Councilmember Sher said it was true they' not many -units were involved but the boundary line itself was important' in vier' of the- principle that in the multiple zones adjacent to single-family zones'the low density ecafe was applied. He might consider re-zoning.the.single parcel at 165 Bryant so that 3 units cord d. be built . He would -oppose -the motion now before Council, Councilor Brenner said she thought 1f5' Bryant., would be almost the ideal place to apply the R-2 'one for it was apprbpriate-ir that sinyre- family zone category within the Comprehensive Plan. A great deal of Council and staff time had been spent trying to protect that area and retain its present atmosphere. The present apartments -and so on were Corrected 'visitors" and as such did not set.the standard;'she-would oppose the see page 382. motion, thinking that 165 Bryant could fit in the R-2 ar "cottage'' zones allowing for a separate unit behind, permitting three units under the sane ownership. Vice Maybr Henderson said he agreed with Councilor' Sher. He did not support the moti on . Councflmember Eyerly asked what the zoning would have to have been to permit the condominium now at' Poe to be built. Mr. Schreiber said it would now take R1-1'or'RN-2:under the current Comprehensive Plan it old not' hag been permitted. Councilmember Eyerly asked the effect on the' sut4ect' i ots wore the proposed resolution in force. Hr. Schreiber said the owner could askfor any of the multi -family districts; the intent of the City had' been- that areas' adjacent to single family be at the low end of permitted densities. Countilommber Eyerly concluded that the resolution' asked that the subJect lot be taken from R-1 designation., Mr. Schraiber replied that the resolution pot the property into the mu1 ti -femi 1y category. The use was not now single-family. 320 1/20178 Councilmember Eyerly said that's change because it was already of were out of place. When the zonin would determine what would happen. Vice Mayor Henderson said there woul made to make "legally non -conforming He thought it would be dangerous -to beg density. MOTION FAILED: The motion that Council the Comprehensive Plan relating to 165 B condominium at the corner -of Poe. and Bryan vote: t seemed•incongruous-to him not to ere thee fact' thb' Slagle -family lots g was changed the. Planning Conenission d be many' problems . l f changes were "" properties fl t l kith' currant situations. in rezoning-to-the-htghest existing adopt -the -resolution to change ryant'Avenoe and -the eight unit t" Avenues fat l ed' on -the following AYES: Carey, Clay, Eyerly, Witherspoon PIOES: Brenner, Fletcher, Henderson, She ABSENT: Fazzino Councilmember Sher asked if it would be appropria for one parcel only, at 165 Bryant. Mayor Carey said that it would be--that-property wa evening. te- to- more the change s before Council that MOTION: Counci1member Sher introduced -Resolution -561 staff in Councilmembers' packets that evening, and", se raved theft section 2(a) be applied to 165 Bryant only. RESOLUTION 561 B entitled "RESOLUTION OF THE ta CITY OE PALO- ALTO A!X PTING AN AMENDMENT TO THE " COMPREHENSIVE " PLAN FOR THE DEVELOPMENT OF THE CITY OF PALO ALTO"' , as provided by eonded-by Henderson, Councilmember Clay said he assumed that the Planning' C lssi dation had been aimed at making the area consistent. Therefo oppose the motion now before Council. Councilmember Brenner said that discussion of -the -subject had sta with 165 Bryant; she asked where the idea of adding the mini the corner and the other two lots to the zone change had originated on recommen- re he would rted um at M1ayor Carey said he did not tt 1nk her- question- was pertinent to the motion on the floor. Councilmember Bar said here question related to Councilmember Clay's reason for using the motion• before Council. -She asked -if the idea of adding the condominium at the cerner-and. the -other too- lots -had originated with the Planning Commission, . or had the- Plami1ng* Comsafsslon accepted that suggestion. Mayor Carey ruled that discussion must -relate to 165 Bryant Avenue at this present time. Councilmember Sher pointed out that there no applicant in connection with his motion regarding the resolution cat11 - forr- change in section 2 des i gerati ng 155 Bryant only. The " questi on- of" whether or not the proposed change was acceptable to an applicant was irrelevant. 321 11/20/78 Mayor Carey agreed that there was no applicant in connection with the motion. MOTION PASSED: The motion that Resolution 5618, as provided by staff in Councilmembers' packets but with section 2(a) amended and to be applied to 165 Bryant only, passed on the following vote: AYES: Brenner, Carey, Fletcher, Henderson, Sher, Witherspoon NOES: Clay, Eyerly ABSENT: Fazzino ORDINANCE IMPOSING MORATORIUM ON EMERGENCY ORDINANCE EFFECTIVE IMMEDIATELY Councilmember Clay was absent for this discussion and vote. Mayor Carey noted that Item 14 concerning conditional use pertits for liquor stores in neighborhood commercial zones related to the ordinance now before Council. MOTION: Vice Mayor Henderson moved, seconded.by Carey, that Council bring the Carey new business item concerning liquor stores in -neighborhood/ - commercial zones forward to be discussed at ttta sane time as* the emergency ordinance. Councilmember Sher said that the matter -had been referred to the Planning Commission the previous week. Vice Mayor Henderson said the motion last week had referred the matter to staff and from there it was to go to the Planning Commission. Mayor Carey said tonight he wanted to eliminate further staff action and send the matter directly to the Planning Commission: '"Essentially we'll deal with making off -sale liquor a conditional' apse throughout the City. What I went to talk about is eliminating having. staffmaake an analisis of alternate possibilities beforeit goes -to the Planning Commission. . . MOTION PASSED: The motion to .bring the new business- #teas concerning liquor %topes in neighborhood/commercial zones forward passed on a unanimous vote, Councilor Fazzino absent. Maeyor Carey phas i zed that the prof or din acne was an emergency ordl nan ce and therefore required faw f1 ft ` of tho so. present for pump. If there were not enough votes to pass the pure- as• an emergency measure, but enough to pass the ordinance.for first reeding, there maid be a second reading of the ordinance for final pessage v end the ordinance would then become effective on the thirty-first. day after second reading and adoption. Senior Assistant City Attorney, Marilyn ilorek- Taketi, concurred. Robert Moss; 4010 Ora` said that. he had participated to discussions about net hborhood/ccemer ci sl , zones - duri rsg the foe l ation- of the Comore- h.nslvae- Plan and the zone had been -developed in relation to problems a 1 cng El Camino. It had been thoa at' them were .nth- l iquor stores along El Camino to prevent too many more trai or/in- in: That liquor 322 11/20/78 stores were now a permitted rather than -a conditional • use had been an oversight. He thought the oversight could be remedied; Hours, parking, and so on could be regulated tc make-the'proposed liquor store less intrusive. He thought the present case7was a.lesson-to the entire community, and that the community could better foresee - how other uses could intrude in stores now given to less'impactful uses. W. L. Lamar, Midtown Neighborhood Association;• 578- Bryson Avenue, said that though Palo Alto did'not permit citizenvto'be'heard regarding establishment of liquor stores'in their- neighborhoods,'he'thought they should be given a hearing. The Stanford•moratortuer on hard liquor stores expired December 31, 1978 and he -hoped' Pain• Alto' could resist pressures from the liquor industry -so that the' usez permit• woul d not be issued. He had been advised, he said-, that -the Alcoholic Beverage Control (ABC) agency preferred that cities-iegu1ate-establisIi nt of places to sell liquor, it was understood, then, -that -ABC would not..take care of all, the problems related.to establishing' vliquor- store .for the. owner-. His organization did: not- object to the -sale. of• liquor, but it thought citizens should have some say about: their neighborhood shopping districts. His organization had paid ASC $600:95: to protest' establishment of a 1iquot° store by Beltramo's- at this reli'dential cOledeesac. John Beltramo, 1540 El Camino, Menlo Park-, referred- to two letters he had recently written Council setting forth• his. position -in this matter. He said his company had applied for a-license'at the'Middlefield address in January, and notice of intent toengage in the• sale• of liquor was posted, and the City was also notified. Residents -on -Bryson -had protested, but the City and the police department had not protested;- -The City, he emphasized, was not involved with that 1 i tense- appl i cation . The lease for the property was firm, "reasonable` hours of business'had been set, and agreements had been ode on'the type of lighting. 'He felt it was "grossly unjust for you to apply ze moratorium- on• our permit at this time, whether it be a one week -moratorium or.a sizemonth moratorium." He thought conditions he had placed on his license-were•not.unreasoneble or exceptional. Councilaeber Eyerly said the property faced on•Middlefield and had a curb'cut at the back on Bryson, whichgave a traffic•flow'in Bryson and through the parking lot. Would Mr Bel tram o -have taken the property had there not been the curb cuton Bryson, end if traffic had to go in and out on Middlefield? Mr. Beltramo responded "I doubt very much-we.would hays, because I think it would ruin that site completely to'do-that. We'went over that at the Architectural Review Board (ARB) hearinfi. . . . The ARS had felt the Bryson access vas the best solution available, he said. Con Dodds, 588 Bryson, said he hsd been present' at the ARC hearing. He and his neiabbors• intended to appeal that decitioa-because it had not adequately assessed the site situation. Mr. Dodds' said -that° the chairman of the Placating Commission had said many tip that the onusite situation had no relevance to the off -site problem of treffic•and'access to that avenue. Also. the Bel tranao application -was -not -complete, Mr. Dodds charged, for it did not tell the' type of teriel ' to be used for the enclosure. Mr. Beltramo had -brought additional documents which had not been reviewed by the ARS prior to the mm eeeti q the documents shed elevations and site studies. The line of sight for-therstgn proposed to be placed on Middlefield Road had not beenrgiven;' no -attention had been paid to : tha existing situation at the presetstore-on that site or to the market across the street.' tie read a' stain smarting the ordinance before Council that evening, saying Pegu1at;on°pf liquor stores in 323 11/20/78 neighborhood/commercial zones needed to be examined. Harrison Otis, 909 N. California Avenue, said he had no objection to the liquor business but he thought Palo Alto -had enough -liquor stores. Liquor caused cirrhosis of the liver. He favored a moratorium. Joyce Anderson, 2081 Magnolia Drive, said'Stanford's'proscription of liquor stores to a one and one-half mile limit -around -the -University had also protected Palo Alto except for those not fortunate enough to be within that limit. She did not egret that liquor stores were as acceptable as other retail sales. She enumerated differtnces she.had personally experienced: higher traffic for longer daily hours and seven days a week, with as many as eight deliveries from liquor -and soft drink trucks every day. Liquor store patrons were exceptionally careless about parking. A liquor store license cost $6,000, but resale -went as high as $25,000. There was excessive litter; liquor stores brought trade in from far away. Neighborhood/commercial zoning` was set to serve the immediate neighborhood. She questioned the adequacy of the location for the traffic it would generate. Bryson residents had objected so much they collected $600.00 to protest, she pointed out. She -postulated the situation if William Ober's on Churchill and E1 Camino -were to become a liquor store. She thanked Vice Mayor Henderson and Bryson -residents for their help in questioning a possible "rubber -stamping" -of approval of this liquor store location by the City. MOTION: Councilmember Fletcher introduced the following ordinance and seconded by Henderson, moved its adoption by Council as an emergency measure, effective immediately: ORDINANCE NO. 3097 entitled "ORDINANCE OF THE COUNCIL OF THE CITY E` PALO ALTO IMPOSING A MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE ESTABLISHMENT OF USES REQUIRING Al OFF -SALE ALCOHOLIC BEVERAGES LICENSE IN NEIGHBOR D/C044ERCIAL ZONES„ Councilmember Eyerly said he ha, asked last'week for information on the issuance of building permits on corner lots --when a- building pewit was issued was it automatic to allow a curb cut on-a.side street? Ken Schreiber, Assistant Planning Director, said it was a policy of staff to try to reduce conflict points, and- relate- access points to uses on the site. The curb cuts on Middlefield and Bryson.were due to the uses. Councilmember Eyerly s1 d the curb cuts on residentiel. streets created impact on such streets. He did not know if -it -could be. prevented . He old support the ordinance; there was' anc off:-sele. beverage license already in the midtown area; the proposed store, with its regional edmrertising would grate more traffic; finally, the traffic impact was too heavy for the location, Councilmember Witherspoon ascertained that theleitramoliquor store application was at present the only one; it was anticipated that wrath the l i fti ng of the one and one-half mi l e proscr1p ©n' more• appl icattons would be made. She acknowledged that the City. "..:#sad a hard time defending ourselves against the accusation that.this raatorluis) is aimed at one particular business... She could support the mcrratorium, she said, if the second paragraph- oft sectic 2' urea deleted from the ordinance, involving rezon i ng. Projects at tlscr' of • thse work on the Comprehensive Plan had been permitted to• proceed 1f application had been made within a certain time limit -,-would deretlon. of than section give such permission to go ahead? Ms. T*keta said that if section 2 were deleted the-Seltramo application could be processed to completion. Mayor Carey suggested that Councilm er Witherspoon -move -to amend the motion on the floor by deletion of the second paragraph -of -section 2; if that mwendment passed, coordinate wording in the first section could be changed. AMENDMENT: Counci lmember Iii therspoon- moved' that' the- second paragraph of section 2 of the ordinance be -deleted. The-motion'dted'for lack of a second. Mayor Carey said he would support the -motion for an -emergency ordinance; a prohibition for the proposed use had- been`in' effect• for r anv years in the City, due .o Stanford University's distance limitation, which had made imposition of 1 imitations' on buslnessev selling_ It uor- unnecessary. If changes were made to the zoning. ordinance, in vier of the lifting of Stanford's prohibition it would take several weeks for the City to develop some zoning stipulations, * and- so- he would- support the urgency moratorium. Councilmember Brenner said she would support the. ordinance. "I think the neighbors have done us a great favor by bringing, us -up -short before we are into a ale morass of such applications, and t think it's quite good to be able to do it right now so than we treat every applicant fairly. . ." Vice Mayor- Henderson said that Beltramos had pointed. out- that the City was uninvolved in their application; he expiained'that the City had not been aware of specific application having been made norof the Stanford prohibition being lifted December 31. Counc1lmember Fletcher emphasized that any application for a liquor store should come under the new regulations. MOTION PASSED: The motion that Council adopt the ordinance as an emergency measure passed on the following vote: AYES: Brenner, Carey, Eyerly, Fl etcher. Henderson % Sher NOES: Witherspoon NO7 PRESENT: Clay ABSENT: Eazz1no Mt. Takata confirmed that the ordinaace' hsd' sufficient- number° of votes for passage as en +r ergenoy measure, since -it had received -the affirmative vote of four -fifths of those Councilmembers present. Kayo? CArey said that Item /40 regmrdi ng ` liquer starry - ir:' nets $ borhoodi_ rcial zones ras now before Council. Na-recelled.thet Council had directed stuff to look into that qustfOi al with ot, r- co ttra►ints or conditions. No felt that raot1on. wes '° : pto: drslair the -Inevitable) and to delay, 1 think, wu a legical.and a matt w y to handle this problem, . . Mayor Carry pal i nd thl engthr : prt sss to be gone through without the moratorium. Ne thought that' rather -than' have further delay he would move the following: NOTION: for Carey moved, seconded- by N edsr ;* Met Cowl l direct the Planning COOMAS11011 to. return at*the' sat'tlest- paeslble date wl th recommendations to include as a co ditianafs use in' neighborhoodicommerciel zones off -sale liquor sales. 3t$ 11/20/7$ Vice Mayor Henderson said that he had originatly written out that motion for presentation to Council but Mr. Knox'had suggested that since there might be other alternatives time should be taken to look -at them. That was why he had made the earlier motion.' He agreed that -now it was best to get on with it. Counci lmember Sher said he agreed with the* motion; - €e- suggested that Council request rather than.disect the Planning Commission.to return as early as possible. Mayor Carey explained that he wanted the -Planning -Co fission to review the zoning; he had not. intended a' mandate to the Commission. Counciimember 6renner asked if the motion should limit the Planning Commission to' reviewing conditional -use permits, or -did it'give them the latitude to go beyond than. Mayer Carey said the motion was for conditional -use only. The Planning Commission could, on its mmn initiative, or by staff assignment, expand its review. Perhaps the Planning -Commission could put.therhmtter on its agenda for the coming -meeting. -He thought that perhaps -"a -very obvious amendr nt" might be brought to Council in short order, Courcilmember Fletcher asked what the sequence of'events-was going to be. . . - . Mr. Schreiber said he understood that the process -meant -that staff would study the r`eatter, then it would go. to the Planning Ccv}misc.iont perhaps •in time for the ^ember 20 meeting. ' Counciimember Fletcher asked if- the motion' before' Council meant the staff study would be bypassed. Mr. Schreiber said she was correct. Staff still -had -an assignment froe Councilrr r Sher`s motion of about a month -to return with a study of the. liquor license application. at Middlefield and Bryson --that assignment would d not be affected. The motion now. before Council would remove the staff assignment on the ordinance. Councilor Fletcher said she thou:tt mould be:useful to include results of staff review, rather than going direct'to tom' Plehning Commission. Councilmamber Sher asked when staff cou i d report- on' ai le'd problems at the site in connection with theappeal of - t e . dect s#D of the AMS. Mr. Schreiber said staff intended to- tie' the. too' studio - tore r and hire them caapteted by the- middle' of December.- Stogy for the zoning ordinance by stiff would also- be- related to' the' intent- of cil r Sher's motion. Councilmember Sher said he also thoughttivustaftreport-resuld be valuable for the Planning Commission -since the moratorium' had been worked out the pressure of time was less - Mayor Carey stressed that -the r oraterium wilt: wart: plated at Sel traso's application: the problem wasrelated to the• Ttft1ng_ of the one and one- half mile distance rule. Me thought it was wise -to act as soon as possible. Vice Ma or Henderson reviewed the e1emeets _ of . Coumeil r Sher's motion and the motion now before Council. Ne:thought'sech had its own significancev: and it was wise to' move as' quictly' as possibl. with the conditional use permit. 32 et a MOTION PASSED: The motion that Council request. the' Planning Commission to return at the earliest possible date`with:a*recomrrendation on the inclusion of off -site liquorsalts.as'a conditional' use'tn-neighborhood/ commercial zones, passed on the following vote: AYES: Carey, Eyerly, Henderson, Sher, Witherspoon NOES: Brenner, Fletcher NOT PRESENT: Clay ASSENT: Fazzino RECESS Council recessed from 9:25 to 9:40 p.m. RECOVERY OF MEOWS METALS FROM h-gAbl Mama ;459:8) (Continued from October 30, Mayor Carey said staff had given- Council ' an- exhaustive report on the matter of sewage sludge and mineral recovery. Kent Mitchell, attorney, 550 Hamilton, repr°esenting.World Resources, referred .to his letter written -to Council dated November. t0; he thought staff's report was "a very comprehensive and accurate.report." The critical issue was the ci rcumsantes under which the' City would have the right toe terminate the agreement after - 3. years, without- any cause, He gave the background of that issue - lor1 d -had :been• asked to submit a contract, which it had on August18, 1978. Council had -adopted it with a 6-3 vote; the difference between -that contract and the - one now proposed was that the latest contract had an earlyy-termination. provlsim Along with that World had recently increased t e ` percentage' of the share of the worth of the recovered materials--the-City could now obtain between SA and 75 percent of the gross value of the rear vered- mi moral z , without having to de any of the work itself, depe~ndinn on-efiat7the assay value wsii. As long .as the assay value was $175 per ton of-gold.end silver the contract stated World was committed to buy' tt. Mr. - Mit€hrel l said that World had been "environmentally sensitive" in agr ing to• the provision that, on 4 months' noti ce' fr : the tat ty, Vorl d' wcul d r - ertthin 6 months, completely remove the whale' stockpf l e fromimhareverin.thirCity it might be, since otherwise the metal s -could- possibly each` into= the- Bay. Costs for so doing would be significant, he said. -World' hsd-atso researched hew precious metals other than , qol d and s1 l verr. cool d- be- obta i rsed fry the sludge. World had also agreed` to g1ve up-1ltigation. claies regarding ownership of that'pile. If, as now' sae med-the case, the'City was only going to. accept a 33 year agreement, the C Mould- have made tint clear earlier, so that World old !wave. b+ d a4' the- pt1e- accordingly. Councilmemher Sher asked if World could. teed seta' the - agreement if the assay valued the value bf the recovered r eterials' st' less- than $175 per ton. Mr. Mitchell explained that the agreement said: ttwat- t? thealley was for less than $175 World did not have to buy that particular tom. Counct lm ember Sher asked if tact- spptiad Weld, stockpiled ash, as well as new ash. Even with s l O•yesr- teener loPl 1" w s motbeamto buy the ash. In other words the City could be left with that-newtha-new ash. Did World have to rove the ash even if it didn't*_ have $175 assay value? 327 11/20/78 3 "Al Mr. Mitchell replied that it did-. - if- World did' not -buy the ash the City was free to do what it wished with it; if World dfd'not-buy-for a consecutive period of 12 months the City could cancel the proposed agreement. Councilmember Sher said there was no guarantee that:all-the ash generated within a l0 -year period would-be removed from:PalocM to; -that depended on how much the assay was. He said he was showing Mr: -Mitchell that the City had some obligations from which World -was excepted:- Would World refuse to accept the contract that Included the -staff' recommendation for the termination clause? Mr. Mitchell said World would refuse--he-had-been-instructed that World would not agree to 31/2 -year termination clause. Vice (Mayor Henderson referred - to- page concerning removal of ash, indicating have an assay value of $175 for World 2, paragraph -3o subsection A(1) that both of d' and' new ash had to to buy i t . Mr. Mitchell said he had been mi stake+; - The - contract- to buy both old and new ash was contained in that proviso. Mr. Ed Aghja,yan, Director of ltilitieso saidolt was fairly well known what the value of the old ash was, for -samples -of -it -bed -been taken. Counci lmember Clay asked if that -was why World - corms tted to removing old ash, but would not commit to removing -new ash under -the -4z -month notice provision. Mr. Mitchell said he was referring -to -the provision -of the contract that asid, on page 6, that the City -had the- option. to expedite -"...removal of the entire ash stockpile after 6 months after -120 -day notice. . . ." That meant that if notice were glven that evening the entire stockpile would have to be removed within 10 months, to- a location not in Palo Alto, whether or not it was. processed. World cowl d'choose- to process or not, even if the location of the stockpile were changed. Counclln r Clay asked who had ownership of the -pile after it was removed. Mr. Mitchell said World was committed to removing -and putting into process 1200 tons per year of that'old stockpile —At -that point the Cif got paid. Ownership would take place at. that tip.the City could transfer it or leave it where it was. The stockpile -would not come back to the City. Councilor ClAy asked wire the pile would-be removil to. Mr. Mitchell said World Resources ownedproprtr in• otter states, one state being Arizona. If the City -asked for removal; -presumably for environmental reasons, those envi rx nta - reasons• a u1 d prevail, Logically the pile would be rived to -the plate where'it'wroo1d-be processed. Coancilmember Clay asked if World need not:: or: wras not -able to, buy ash which had a combined assay value forboth gold and silver of $175. Mr. Mitchell replied that World had the.r•1gbt:not`to-buy, and it also had the right to buy it. The assay -of $175` in ted-renge of value. Council r- Clay asked if, should World choose'rsoot.to-buy, the City could, under the contract, enter into agent- writl ' a- seed party. 328 11/20/78 Mr. Mitchell said the present contract did permit that. Councilmember Clay asked if the value could be fixed•at'$175 or under. Mr. Mitchell replied that the' agreement was. written- so. that, for ash assayed at less than $175, World was' entitled •to' purchase; if World did not purchase within one year of theassay date' the. City could resell or use the ash in any manner it chose. Councilor Clay asked if -the agreement elth4Wbr'ld-permit .ed ash with assay value of less than $175 not to be' purchased bi World',' thus removing _World's option to buy or not buy, Mr. Mitchell said that the indications` in- ttwe. ceeatract were that World would not pewit that--World-wanted the option to purchase the ash. Councilmember Clay said he thought World should=either' buy it or not buy it, and not retain the option -to buy or itot 'lf tie: aastey value was less than $175. If the City knew whether ornot World wanted the ash, it could enter into ar agreement with -someone etse' 1r d1ately if necessary. Mayor Carey said that Councilmember Clay was saying that'll year was too long. Mr. Mitchell said there was "... eothing ragic about -the one year --maybe 90 days would be appropriate., but a- period- to. giv ' us- the option to purchase after the date of assay.„ Councilmember Brenner expressed concern -that Worldlm1ght-take- the stockpile to Arizona, with World choosing not to process perhapx'hatf-the stockpile; the City would have lost the lure of the high-val ee- ash:* Thus far only gold and silver value of the ash had been discussed:. She under tood that the value of other metals within a given time ►rare about equal to the gold and silver value; World seemed to_, be. willing- to:put up $25,000 but it did not yet know exactly what it would do in. resource -development. World seed to want only the gold and s i l veer - unl ess 1t. found it could broker it to someone else, rather- than processi ng ' i t° i tsal f. Perhaps a ton might have about 1175 value r other" aastals; =the- City' would be at a disadvantage to contract it to someone else away' ffro this. area. She referred to the first sentence on page 3, fourth lire"Either party may terminate this agreement without further:obligat#an to -the other, provided that said termination shall not prevent' iiorld from. purchasint and removing the remaining stockpiled ash within the'timt' spocif1Qd^above. . . ." She thought that atakent the City- could -only: terminatr ties agreement concerning the less valuable ash, that is, the neweah . "Terminetlon" meant the City got the less valuable ash. Mr. Mitchell referred to Councilmmmberlireoneerstitement about the 125,000 for research on: method-aa` he ua rretood' it, -t a flret process was that the ash would be mid from-thivetberiateriallt surrounded. That was done by solution. Then, afttr" rarrmvat of gold end silver, remaining minerals would be assayed; the $25,O: old qc to and working out a way to pull out remaining minerals 1n asfashion.economical enough to warrsnt refinement. The findings ofthat-researth.wouid.be submitted to Palo Alto. ifikyor Carey asked where in the attract it stated- - ash- not purchased had to be returned. Mr. . Agh j ayyan said the City did root' have to- bri ng It' beerk : • Tae s tockp i l e would be removed in the first place. only if tie'tlty %o' r quettsd. 329 11/20/78 Mayor Carey said that if World had not bought the ash -but had trucked it out of state and then found it. was not. going to -purchase -it could the City sell it from wherever it was out of state? Mr. Mitchell said that was expressly provided for in the agreement. Corrected see age Mayor Carey ascertained that the City did not have to.remove the ash III382. from where World had stockpiled it of World decided -not to buy it. Mr. Mitchell agreed; he added that World wasalso agreed that it would provide measures that would prevent leaching before' it was removed. MOTION: Vice Mayor Henderson moved, seconded:by Witherspoon, that Council approve the agreement with. World Resources -,-with the three revisions suggested by staff in cMR:469:8. Vice Mayor Henderson said the agree nt- had. s imbalarmies: World did not have to buy if the assay was less than $175; WOrld'could terminate after 1 year if the recovery of minerals were not economically viable. The only way the City could terminate' was through- f'af l ure- to perform. He thought the City could perhaps ask for -the protection. of• a- 90 -day trial period; that was better than l year. Corrected Mayor Carey asked if Mr. Mitchell would like.to discuss. with his client see page the possibility of Council's termination 'for -cause," with both parties 38t. to be able to terminate within one year. He asked if Council on paragraph 4, page 5, relinquished its ability to temfeate "for cause," such as changes in land use, or property affected by the -agreement, or changes at the water quality control plan, but not to terminate-so.that the City could hake more money with another contractor. Councilmember Brenner confirmed that all three staff suggestions on page 5 of CMR:469:8 had been included in the motionrbefore Council, so that the City as well of World could terminateti`ie agreement. 1 Mayor Carey agreed. Included was the fact that World would have 90 days, rather than 120 days, to decide -to -buy the -incinerator ash. Councilmember Witherspoon said she was concerned that problems might arise later, perhaps within 5 or 6 years. Mr. Aghjayan said that it was difficult ta'foretell•such matters. The proposed changes did improve the contract. Mr. Mitchell spoke of the subject clause aOperetic 9' Trial Period." The question was, as he understood it, "Would World give the- Ctty the right to cancel within, one year without cause . " Corrected Mayor Carty explained that the City tented -to -be -able to cancel the eee page contract within one year "for cause. 382. 1 Mr. Mitchell said he had talked to the vice -president -of the general partner, World Resources Corporation, tbitio * uyht- thattw agar to that would make the agreement a potential l -year contract, Mitch was even more unacceptable than tare proposed' year contract. Mayor Carty asked if World would find it acceptable for the City to terminate' for reasons other than far improved fi nencia l returns. Mr. Mitchell said that World would find that acceptable. 330 11120/78 30 AMENDMENT: Mayor Carey moved, seconded-by-Eyerly,' that' new 4(c) on page 6 giving either party the right to tenuinate'for:causeafter 1981, be replaced by the former wording of 4(c) giving'the'City the right to terminate after July 1, 1980 with cause, such-as:change in land use designation, change in the water qualtty:control'plant, and the like, but not for the purpose oi;'selling the incinerator ash-to.•another party, and, further, that paragra0 subA 4. on. page a, entitled -"Operational Trial period," have additional ording' that the.Citye could- unilaterally terminate the contract in the'first year for.any cause -except for the .purpose of selling incinerator ash-to'other parties. Counci'1m nber Witherspoon said she' feared' that if' Council terminated its agreement with World it would be stuck with the ash - i ndef fins tely. Mr. Mitchell explained that otherlanguage inrthe contract took care of that contingercy. Councilmember Carey deplored the possible.precti -of.making a business deal, albeit for profit, then cancelling..thatbusiness:deal to make another for more profit, he did not think. it.was° fair; With -the proposed amendment the City was being fai r i n- that i t! had - one' ,year- to. cancel for the causes he had listed, then, in 1981, the contract -would be up for revlewel again --he thought that'wes adequate. 1 Councils ber Witherspoon said that protected: World for the first three years, mulch she thought was -fair, then shoe thoughtthe City should protect Itself. Vice Mayor Henderson said he did not think the -present contract covered the important matter of the value of other metals that might be in the incinerator ash. Did Mr. Aghjayan think the City -was protected in that regard? Mr. Aghjayan said that World had offered'tpe Citra 3S% -share of the net Profits ehou1d other metals be found, during the life of the contract. Future technology might solve the question of7whether or not other metals could be recovered, and the expense or -their Extraction. Mr. Aghjayan hod thought that the City could not -cancel -AM -agreement for the express purpose of going out to sell to -a third party. But if the City cancelled the agreement. for other -reason, such- as- hot being happy with the working arrangement. or insu?fieieht-enn#rt Intel safeguards, eras ,the City precluded from seeking a third party to' sel l 'the stockpile to,' on envirov mente; terms the City was -more in agreement with? He asked for clarification. Don Mb_ynor, Assistant City Attorneys sa1d' that' 1f. thev tt ntract had been breached for obi ron nta . abate, - for ex pl ctin' t contract was clearly terminated, Mayor Cary said his amendment did- notsay or: gam' ," it said "for any cauti," except for the sole porpose-of` set 1ng'the ash to a third pirty4 Vice Mayor Henderson said he nad. rolled. att a#eerin• this setter on staff reammendations. tie wand. to° know if he could siso rely on present re dati ems , Mr, AghJsysn said staff still reco *rded the cOotrect-shich allowed for Amemlnation after July 1,..1062',1 staff' al so' recoOtxed- t tat- # res sent :was still b ing worked on. Within 14 montiwt tha_ ' prr;'cs for tnt:te rater ash had risen from 144 a ton to ov rr a ton v 1f` a 1ssts.ertnuts change or addition could offer additional protection- to'thee' Ctty. staff would 331 11/20/78 recommend acceptance of that. .He returned:to-his-question: did Mr. Mitchell think the City was precluded from se11ing'theyash to a third party after the contract was cancelled for other reasons? Mayor Carey said that was the intent of his motion. Mr. Maynor asked if Mr. Mitchell acquiesced in that interpretation. Mayor Carey summed up the intent of his proposed amendment: The City could terminate for any. reason, - except- fore the- reasoneoT- making a better deal. But, if the City was unhappy for other-reasons-It:could terminate and let the incinerator ash out for bid again. If Mr:-Mitchell`s ase mption was correct and World' would not sign the afire nt. witty- the right to terminate in 1981, the City'would start all over. again. Councilmember Sher observed that the circa instances: of- negotiating a contract -in public with last minute: changes: and ' so' many- "clients" were very difficult. However, an amendment to- be - voted: on -was- before Council. The risk venture held risks for' both parties: If-World-was'unconditionally bound for a period of ten years' for new as well -as -old ash' then the City would not have the right, in his opinion, . to: terminate- to seek a better deal, but the "downside risk" for World was,•ire:thougtrt, fairly minimal. If the ash did not assay out to- a- val ue` where it would melee . a. profit for World, then World could terminate -at that' poi nt. It seemed -the City was being asked to take the bigger -risk. The 3 `e/ear:provision- gave adequate protection to World and the City if the value of`the metal rose. When the contract was being discussed i t was' requested . that it run for "...no more than 10 years, and a .horter.fterm it eneburaged."*Therefore the option to terminate at the end of 31e years was no surprise to World. The motion on the floor,, with a 1 -year operational -termination option for the City did not hold much benefit for the City. 'He -felt staff's recommendation, as incorporated :n the main motion, -should be followed. If World, as it had said "off the cuff- earlier, would -not accept that, then so be it. He would oppose the amendment. AMENDMENT FAILED: The amendment -giving the City: uni lateral right to terminate for any cause other than for -the sele-parpose'ofselling to another party, during the first year, and to terminate -after er 1981 "for cause" failed on the following vote: AYES: Carey ROES: Brenner, Clay, Eyerly, fletther , llenderson;-Sher, Witherspoon ABSENT: Fazzino Counci lmember Sher akcertai nett that- the`90Ldarptiriototpossible termination ran fro the date of the assay- of theash ' me r iorl d-bbltged to conduct those assays -at -a saeclflc'time--could they hold up't e'operation of that clause simply by failing -to -contact an assay? Mark Harris, City Treasurer- and'atillties' ualtess!Mensger, said that when - i n cl nerator ash cam from tP e l rrci nerttorit- i ul d- be hauled away to be assayed in batches -..that would 'trigger' tee' as ►y.' - So far as old ash, a schedule had been'set up-briforld ferItcporchase, ark the ash would be hauled off, and &aaaryed accordingly. The -assay told take place on a haul schedule, then, - at times thot ht' appropriate by the City. Councilmember Sher said he saw: no -provision -in -the contract -for precisely when the assay should be made. 332 11/20/78 Mr. Maynor said it was assumed World'would•not haui'a-load of ash away purposelessly. Mayor Carey said perhaps the contract should'be.renegotiated in public -- the City would then request -that an-assay'be•conducted'with ten or so days. Mr. Maynor said a provision on -page', of the' contract' said that "The City reservies the right to perform assays'upon'representative samples 'of ash taken by World under th1 s agreement' without its' pri or consent. - In the event of discrepancies in' assays the' partries° agree- that a third sample. . . ." The City would.not go oat c statre` to -p erform an assay. From a practical standpoint, he. pointed -out,. World' would. perform an assay before hauling the ash -some distance. Mayor Carey suggested Councilmecrber Sher move' an. amen&nent. concerning assays on the ash. AMENDMENT: Counci lmmber Sher roved, seconded -by -Henderson, that the 'City attorney add language requiring an assay-beftre° removal -of the ash by World. The motion passed on a -unanimous vOice.vote-,4°Councilmember Fazzino absent: Councilor Sher pointed out that though there was'a► discrepency between the staff report and the contract the rr'!afn`motion on which Council was to vote dealt with a possible' ter !cination' tiro within a y'ear's time after July, 1981. MAIN MOTION A$ AMENDED PASSED: - The: ma1 n ration thet- Counci 1 approve the agreement with World Resources, Ith` the- three' rav431ons suggested by staff iF CMt:469:8, and as amended, passed on the'following vote: AYES: Brenner, Clav, Eyerly, Fletcher,-Hendersan•,Sher, Witherspoon NOES: Carey ASSENT: Fazzino Mayor Carey reminded Council that -the City had -approved an agreement with World some weeks back which was eti l l - i n" effect. With the "offer" to World that Council had in effect just made, the -previous' contract had to be rescinded. MOTION: Vice Mayor Henderson moved, seconded'tty-fletcherl that Council rescind the previous contract wi th World. ' The `motion' pawed on the following vote: AYES: Penner, Carey, Clay, ErketV,`ftetcher,l ienderson, Sher Nom: Witherspoon ASSENT: Fazzino F (a :4733:8) 978) Mayor Carey' 'slid that staff's - letter gave q eti -staff-had received for roof repairs to the Veteran. 8vtlding; $6280.00 -011 -the lowest bid, $17,375 was the highest bid. 333 11/20/78 Mayor Carey limited speakers on the tops c' of- the. Veterans Building to the subject of roof repairs. He- noted' that ' ttte- hotir- was 1 ate and Council had an executive session scheduled before final -adjournment. Councilmember Witherspoon deplored having to spend so much money for a temporary measure. Mr. Mike Kelly, Director of Purchasing, said: that: the oniy,option to the temporary repair was to continue saueegeting^the'?'Iooreatter each rain, or contrive some device to' collect- rainfall which leaked' in and carry it outs i de the building. MOTION: Counci `:+rrerber Wi therspoon' snored, - seconr d _ by- Eyerly, that • Council authorize staff to continue its present maintenance'actton until a better solution was found. Corrected see page 383. John Snow, Commander of Veterans of protested assumed discrimination' on - veterans . He informed Council 'that veterans' organization. Foreign Warse71054Lowell Avenue, the part' of Council. against the it would have trouble with the Harrison Otis, 909 N. California -Avenues seed the.ieterens' organization was trying to preserve an historical laadmark`fro awhich 1t -could continue to serve the community. He appealed -to Council' for'a-"Christmas present" that gave veterans a place to meet. Jie said he -had restrained veterans from actively demonstrating against the City. John Fredrich, 421 Everett, said preservati of the:Veterans Building had been a '77 campaign issue; many people had:shown'ttat they wanted it --Council would "...be making a big mistake" if it did -not work toward its preservaticn. Counciimenber Sher asked is there was a tabolation-of-funds made available by gifts and grants for the Veterans -Building, incicding-a sum of money returned from the Squire House fund. Mr. Kelly said that the fund amounted to $14,780. Council r Sher said he thought that-specific-mo y:strould be spent on the Veterans Building to stabilize its candit1on,'insorfar as possible. Mr. Kelly said that whether or not that' ae ount. of money would stabilize the building so far as the roof warconcerbed depended. on' just hoar much of it had to be repaired --the price could run from -$6000 to $18,000. Coubci tmerter Sher said he would vote sgai st- tie motion on the floor then move that the staff spend upto and no more-than'the-$14',7$0 provided that expenditure would'stabilize* a. defective building. Vice Mayor Henderson said that when the' had no idea of the ultimate disposition the money was to ba ised for rebuilding idea the building was to be condemfted. any was, clew cetad the donors of the ' boi l ding ' they had ti'rc+iyht the- present' bui1ditig, and had no Council !member Witherspoon said the -City . had -ai ready'spent $14,000; for the roof to be repaired, the rafters had to be r bi l i tated. If at least $150,000 were not to be spent to do the repair. right the $14,7800 would do no good. She preferred having the money i n' the- fund go with the building to the new buyer, for use' in some longterm improvement. firCarey agreed; People had been excluded from the -building, so !reaping- the roof intact was somewhat pointless 3 34 11/20/711 ATTEST: elert 336 11/20/16 Councilmember Sher said that if. he moved-to.spsnd-the-money in the fund it -would be to stabilize and preserve the building against further deterioration from the rain. Councilmerber Brenner asked for Mr. Kellyes reaction -to the motion before Council. Mr. Kelly said that if the roof were not. repaired there'would probably be substantial damage to the floor. MOTIOi PASSED: The motion that. staff continue- its• present maintenance passed on the following vote: AYES: Carey, Clay, Eyerly, Fletcher, Henderson; Witherspoon NOES: Brenner, Sher ABSENT: Fazzino CANCELLATION NCIL METING MOTION: Cow cilmem er Clay moved, se cod d bar. Hen rsoe l that Council cancel the next meeting of Nove ber' 27, 1978. "The notion passed on a unanimous voice vote, Counci 1 i* ter Fazzi no absent. CONTINUE CONSIGE. TION OF IMF VIX NT tirEDr 78 MOTION: Councilmember Clay moved, se ded"by:Henderson; that -consideration of improvements to Arestr-adero Road be moved to` terser 18, 1978 i nstend of December 11, 1978 The motion pasted.on a ensntmous voice vote, Councilmember Fazzine absente Magyar Carr reminded on the Cori ss i on to DecemberSasadate to be held. Cou i 1r abers- to - seed their'nominetions for cendtdstes the City Clerk. 11* f ' seal - ag�t for on which interviews of Commission -candidates were Mayor. Carey announced that a meeting in 1ut'peto-Aitt with that City would take place Monday at 600 p.m. on November Z?, 1i}!6. - Neyor Carey end Vice Mayor Henderson would represent -the City, ` bet-eil-Cauncilmembers wire i invi ted to attend. CifT1Y „� 1 Zouncil sdJour d to. Executive Session at 11:t6 p.m. AOPlt'QYE: November 27, 1978 Special Joint Meeting with East Palo Alto Representatives of the City Council of the City of Palo Alto net on this date at 6:30 p.m., in a Special Joint Meeting with Representatives of th Municipal Council of East Palo Alto in the East Palo Alto Council Chambers, 2415 University Avenue. PALO ALTO REPRESENTATIVES PRESENT: Corrected see OTHER COUNCiLMEMSERS PRESENT: :page 382. ALSO PRESENT FROM PALO ALTO: EAST PALO ALTO REPRESENTATIVES AND STAFF PRESENT: Mayor Scott T. Carey Vice Mayor Alan Henderson Cauncilms ers + , , if kilddisampeen Gorge Sipel, City [eager, Palo Alto Gertrude Wi f ks, Council Clain; Henry Anthony; t(enneth Goode; Laurence Tong The subject of discussion was economic development in East Palo Alto. No foul action was taken. A 0 ENT The Special Joint Meeting adjourned et 7:15 p.m. 336 11127/76