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HomeMy WebLinkAbout1977-01-17 City Council Summary MinutesCITY COUNCIL MINUTES Regular Meeting January 17, 1977 ITEX Approval of Minutes of December 6, 1976 Approval of Minutes of December 7, 1976 Approval of Minutes et December 13, 1976 0ra1 Communications Consent Calendar -- Action Items 656 Lytton Avenue - Change of Development Plan; 625, 645 aid 651 University Avenue -- Change of District Application, of Community Horsing, Inc. cI1Y P1110 ALTO PAGE 6 2 0 6 2 0 6 2 0 6 2 0 6 2 0 6 2 0 250 Forest Avenue - Change of District From M -1-S, M -1 -S -C and C -2 -S -C to P -C and Charge to Fire Zone 3 Application 6 2 1 of Creative Environments 250 Forest Avenue, Tentative Condominium Subdivision Map -- (15 Units) Zone District M -1-S, H -1 -S -C and C -2 -S -C Application of Creative Environments 6 2 1 Webster Wood Project (Block Bounded by Webster Street, Chancing Avenue, Middlefield Road and Addison Avenue) Change of P -C Development Plan and Request to State to Waive Air Conditioning Requirement Amendment Adding Two Areas of Property to Moratorium on Non -Single Family Projects in Certain Areas Palo Alto Flood Basin Levee Project Burglary Reduction Grant --Contract Amendments Resolution Concerning Community Transit Services Retirement of Ferdinand Luscher Retirement of Bob Fortney 6 2 1 6 2 2 6 2 2 6 2 2 6 2 2 6 2 2 6 2 3 New Edition of "Trees of Palo Alto" Resolutions of A.ppreciatio To Committee 2 3 Public gearing: University Avenue Asatasaent District; Acquisition of Land and Parking Feasibility Study --Project 75-63 6 2 4 Santa Clara County Transit District Light Rail Feasibility And Alternatives Analysis Study 6 3 3 2960 Bryant Street —Denial of Application by Planning Commission Of Application of Richard and Pirgiaie Ruppell for Variances 6 3 4 618 1/17/77 ITEM (Continued) Sale of Squire House Federally Funded Housing Rehabilitation Program —Reclassifi- cation of Manager, Housing Improvement Program 6 3 3 Webster Wood Apartments -Agreement for Sale of Real Property 6 3 9 Ordinance Regulating Bingo Games 6 4 0 Change of Meeting Date - Finance and Public Works Committee 6 4 3 Low -Moderate Income Housing, Referral to PARC of In -Lieu Payments 6 4 3 Oral Communications 6 4 4 Adjournment in Memory of George "Pat" Carey 6 4 4 619 1/17/77 PAGE 635 1 January 17, 1977 The City Council of the City of Palo Alto met on this date at 7:40 p.m, in a regular meeting with Mayor Norton presiding. PRESENT: Beahre, Eerwald, Clay, Comstock, Eyerly, Norton, Witherspoon ABSENT: Sher, Carey VAL OF P13E MOTION: Councilwoman Witherspoon moved, seconded by Beahrs, that the minutes of the meeting of December 6, 1976, be approved. The motion passed on a unanimous vote, Councilmembers Sher and Carey absent. APPROVAL OF MINUTES OF DECEMBER 7 1976 preownewsimmums MOTION: Councilwoman Witherspoon moved, seconded by Comstock that the minutes of the meeting of December 7, 197t, be approved. The motion passed on a unanimous vote, Councilmembers Sher and Carey absent, APPROVAL OF MINUTES OF DECEMBER 13, 1976 MOTION: Councilwoman Witherspoon moved, seconded by Norton, that the minutes of the meeting of December 13, 1976, be approved. The motion passed on a unanimous vote, Councilmembers Sher and Carey absent, ORAL COMMUNICATIONS mmememamareememsamesems None. CONSENT CALENDAR w ACTION ITEMS Councilman Comstock requested that the item concerning the Squire Moose be removed from the Convent Calendar. Assistant City Manager Walker stated that would then beeome It 15a on the regular agenda. Councilwoman Witherspoon aeked that the item concerning Federally Funded Sousing Rehabilitation be removed from the Consent Calendar. Mayor Norton indicated that the item would titan become Item 1.5b. The following item* remained on the Consent Calendar o Action Items: 411,+.4, .i :.i!i IC • - •' The Playing Commission, by a vote of four to favor (three absent), finds no significant environmental impact and opts Resolution 209 recommending approval of the application of Community Rousing, Inc., for a change cf development plan applying to 656 Lytton Avenue and a chime of district of 625, 645 anal 651 University Avenue from 1t 3, -LP to 1'-C, 6x0 V17(17 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY KNOWN AS 625, 645, 651 UNIVERSITY AVENUE FROM R -3-P TO P -C, AND TO AMEND EXISTING P -C ZONING CLASSIFICATION OF CERTAIN PROPERTY KNOWN AS 656 LYTTON AVENUE, SUBJECT TO CONDITIONS 250 FOREST AVENUE - CHANGE OF DISTRICT P .t 4 M-R�S M -1 -S -C AND C -2 -S -C TO P -C �Y. errA�re ��rr... �.irrrs.n rrawrlssi..! CAE TO FIFA' ZONE 3 ��ti .Ii�M YM rwwo AID IY■ Iii�l0i1�10�� Fg"L1CATION OF C DTI F�IVIR0 The Planning Commission, by a vote of four in favor (three absent); finds no significant_ environmental impact and adopts Resolution 21.0 recommending approval of the application of Creative Environments for a change of District of property located at 250 Forest Avenue from M --1-S, M -1 -S -C and C -2 -S -C to P -C; and recommends a change to Fire Zone 3. . 11 • ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING -SECTION. 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY KNOWN AS 250 FOREST AVENUE FROM M -1-S, M -1 -S -C AND C-2--S-C TO P -C, SUBJECT TO CONDITIONS, AND CHANGING THE FIRE ZONE. . MT V E; MTA?IVE SUBDIVISION MAP ,,12 0.1 S, - ZOi DISTRICTS M�-1-S M-1--S--C AND C-2_S.oC, APPLIEaATION OFj' CR_EAII ENVIROt E S The Planning Commission, by a vote of four in favor (three absent), finds no significant environmental impact and recommends approval of the application of Creative Environments for a tentative'condominium subdivision map (19 units) for property located at 250 Forest Avenue, Zone Districts )I -1-S, M -1 -S -C end C -2 -S -C. WEBSTKR WOOS PROJECT /BLOC, BOUNDED BY i E1STER sum --- The Fleecing Commission, by a vote of four in favor (three absent), finds no significant environmental impact and adopts Resolution 211 recommending a change of the P -C district development plan applying to Webster Wood (block boded by Webster, Manning, Middlefield and Addison) as wed at the Planning Commission meeting of December 15, 1976. Further, the Coemiseion, by a vote of four in favor (three absent), recommends that the City Council send a letter to the State regueeting that the requirement for air conditioning be waived for the Webster Wood project for reasons of cagy conservation and also because the climate of Palo Alto dose not require air conditioning. RESOLUTION 5326 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AM DINS ORDINANCE 2836 To MODIFY THE DEVELOPMENT PLAN AND DEVELOPMENT SCHEDULE FOR THE P- DISTRICT KNOWN AS WEBSTU WOOD, A15 MORE PARTICULARLY DESCRIBED ON THE ATTACHED EXHI BITS , SMUT TO CONDITIONS." 021 1/17/77 4,1720XTNT ADDIN9 TWO AREAS OF PROPERTY sialgazimiarAIN S 0� IIjj 2914 entitled "ORDINANCE OIL THE COUNCIL OF THE CITY OF PALO.ALTO_ADDING TWO AREAS OF PROPERTY TO THE MORATORIUM IMPOSED BY ORDINANCE 2958 AND DECLARING M EMERGENCY." TO FLOOD BASIN LEVEE PROJECT (t MR:102:7) Staff recommends that Council rescind the City's request for a hold on the permit application and authorize the Mayor to so notify the Corps of Engineers subject to Architectural Review Board, Planning Commis- sion, and City Council review and approval of the construction plans in accordance vial "site and design review" procedures of the Palo Alto Zoning Ordinance. REDUCTION GRANT -CONTRACT AMENDMENTS (CMR :113:7 ) Amendment to agreements - Burglary Reduction - prevention by prediction. Staff recommends that the Mayor be authorized to execute amendments to the contracts for the project staff. RESO No. 3766 - Project Co rdinatory, Michael. Moretti. No. 3767 -- Burglary Reduction Specialist, Fritz' K. LaReau No. 3763 - Bucglaiy Reduction Specialist, Charles A. Uno No. 3769 - Burglary Reduction Specialist, Lawrence P. Duffield No. 3770 Burglary Reduction Specialist, Kay L. Lantow No. 3771 Secretary/Clerk, Mary Lee Blackburn ION CONCERNING COMMUNITY TRANSIT SERVICES City Attorney submits follovi_ng resolution pursuant to Council request of January 3, 1971: entitled "RESOLUTION OF THE CITY OF P TO REQUESTING T1IE SANTA CLARA COUNTY TRANSPORTATION DISTRICT BOARD TO Nom£ FUNDS AVAILABLE TO THE CITIES FOR COMMUNITY TRANSIT SERVICES." MOTION: Councilman Comstock moved, seconded by Aerwald, that the Consent Calendar be approved, with Items 1 and 2a approved for first reading. The motion vas approved on a unanimous vote, Councilmembera Sher and Carey absent. (0 8:105:7) MOTION: Councilwoman Witherspoon introduced the following resolution end moved, seconded by Norton, its adoption: 4 entitled "RESOLUTION OF THE ITT OF PALO ALTO EXPRESSING APPRECIATION TO FERDINAND LUSCRER UPON HIS AETIREMENT" Bernard Paavioeki said that Ford Luscber had a very responsible job, having been responsible for surveying virtually every street, park and parking lot in the City of Palo Alto. He plans to do some make- up maintenance on his hose and then to sail aboard his "Taak y" is the Caribbean, 622 1/17/77 MOTION PASSED: The motion approving the resolution in appreciation of Ferdinand Luscher's thirty-nine years of service with Palo Alto passed unanimously, Councilriecihers Sher and Carey absent. $ TLi dI OF BOB FORTNEY (CMR:106:7) MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Witherspoon, its adoption: RESOLUTION 5323 entitled "'RESOLUTION OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO ROBERT J. FORTNEY UPON HIS RETIREMENT." Charles Walker, Assistant City Manager, said that Mr. Fortney had spent nearly thirty-five years working for the Water - s -Sewer Envision in Palo Alto, having been foreman. Mr. Fortney and his wife Maria plan to travel Mexico in a travel vehicle. MOTION PASSED: The motion approving the resolution in appreciation of Robert Fortney's thirty-five years of service with Palo Alto passed on a unanimous vote, Councilmembers Sher and Carey absent. NFW EDITION OF "TREES OF PALO ALTO" R.ESOLLTTIONS 0r APPRECLA'�Ia'� CI IT1EE (1 :103:7) MOTION: Councilman Comstock introduced the following resolutions and moved, seconded by Witherspoon, their adoption: RESOLUTION 5312 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO? COMMENDING ALBEKT COULD AS A MEMBER OF THE COMMITTEE RESPONSIBLE FOR THE PUBLICATION OF A NEW EDITION OF THE "TREES OF PALO ALTO." RESOLUTION 5313 entitled "RESOLUTION OF TEE COUNCIL OF THE CITY OF PALO ALTO COMMENDING GEORGE HOOD AS A MEMBER OF THE COMMITTEE RESPONSIBLE FOR THE PUELICATIOW OF A NEW EDITION OF THE "TREES OF PALO ALTO." RESOLUTION 5314 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SING GEOBCIANA KJERULFF AS A MEMAER OF THE COMMITTEE RESPONSIBLE FOR THE PUBLICATION OF A NEW EDITION OF THE "TREES OF PALO ALTO." RESOLUTION 5315 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING JEAN LIEBE AS A MEMBER OF IBE COMMITTEE RESPONSIBLE FOR THE PUBLICATION OF A NEW EDITION OF THE "TREES or PALO ALTO." RESOLUTION 5316 entitled "RESOLUTION OF THE AIL OF THE CITY OF PALO ALTO COMMENDING WILL/AM MILLS AS A MEMBER OF THE COMMITTEE RESPONSIBLE FOR THE PUELICATI+ON OF A NEW ninon OF THE "TREES OF PALO ALTO . " RESOLUTION 5317• entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PAIR ALTO CEDING ALLAN REID AS A MEMBER OF THE COMMITTEE RESPONSIBLE FOR THZ PUBLICA'T'ION OF A NEW EDITION OF THE "TREES OF PALO ALTO." RESOLUTION 531E entitled "RESOLUTION OF THE COUNCIL OE TEE CITY OF PALO ALTO 00ld(Efi?I* BSNNY $ANOCR, JR. , AS A � � OF THE COM ITT E I1d.E FOR TEE P CAT10% OW A NEW EDITS OF TIM "TU Z$ OF PALO ALTO." 623 1/17/77 mSOLUTION Se 3 ntitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING MARILYN SUTORIUS AS A MEMBER OF TIE COMMITTEE RESPONSIBLE FOR THE PUBLICATION OF A NEW EDITION OF THE "TREES OF PALO ALTO." lWdrrtnx aa entitled "RESOLUTION OF THE COUNCIL, O$' THE CITY OF PALO ALTO CO'r ND ING GARY TALBOT AS A MEMBER OF THE COMMITTEE RESPONSIBLE FOR THE PUBLICATION OF A NEW EDITION OF THE "'TREES OP PALO ALTO," ar:g4 WiligN -- ar entit led "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING SPRIG THEOBALD AS A MEMBER OF THE COMMITTEE RESPONSIBLE FOR. THE PUBLICATION OF A NEW EDITION OF THE "TREES OF PALO ALTO " RSOL[TTI 2 entitled "RESOLUTION OF COUNCIL OF THE CITY 07' P�A ALTO COMMENDING ALBERT WILSON AS A MEMBER or THE COMMITTEE RESPONSIBLE FOR THE PUBLICATION OF A NEW EDITION OF THE "TREES OF PALO ALTO," Bernard Pawloski, Director of Public Works, said that the work of this committee had refuted all the ierogatory comments es tde about committees, for members' dedication and conscientious work had been exemplary, He sued up his praise saying he had had "a great experience" working with them all MOTION PASSED: The motion commending committee members for their work and the fine publication "Trees of Palo Alt:" passed on a unanimous vote, Counciimembers Carey and Sher absent - Councilman Berwald remarked that the production and publication of the book was a manifestation of the love people of Palo Alto had for the City's beauty, especially the beauty of its trees. :116:7) Mayor Norton nct..d that two separate hearings had been scheduled on the parking feasibility study, though they would be held concurrently. The first hearing, he said, is on the Engineer's Report prepared pursuent to Dil'iislon 4 of the Streets and Highways Code. The sole purpose of this first hearing is to receive and heat protests against the proposed acquisitions and improvements. Protests at the first heet ng may be either written or oral. Written protests filed during the course of the hearing will be received and considered by the Council, but cannot legally be included in the percentage of protest. The second hearing, the Mayor continued, is on the Engineer's report, which includes all the details of the project, including plans, specifi- cations, estimates of cost and proposed assessments. Formal protests as to this phase of the project say only be in writing and will be received and considered by the Council if they are filed at any time before the conclusion of the hearing, However, as in the case of the first hearing, only those protests filed before the time fixed for the hearing can be considered in determining the percentage of legal protest. Anyone intaetested, Mayor Norton said, may therefore address the Council on any detailed phase of the project. Objections or endorsements may be to the location or design of the improvements, to the location and extent of property to be acquired, to the question of whether than acquisitions are to be made or whether the improvements are to be installed at all, to the question of whether any particular property 624 1/17/77 is benefited, to the Engineer's estimate of the costs and expenses, to the method proposed for spreading annual assessments, or to any other phase or detail of the project. Anal Tanner, City Clerk, stated that the announcements to the public in the matter of the University Avenue Area Offstreet Parking Assessment District Project No. 75-63 had been as follows: 1. The Notice of Improvement was publiahed twice in the Palo Alto Times; once on December 31, 1976 and once on January 7, 1977. 2. Posting of the Notice of Improvement was made on December 30, 1976 3. Mailing of Noticee to Property Owners was done on December 17, 1976. 4. Filing of the Boundary Map with the County Recorder occurred on December 17, 1976, Mayor Norton declared the Public Hearing open, and asked that the City Clerk, Ann Tanner, report on any written notices received by the City Clerks office at or before the time fisted for the hearing. MA. Tanner replied that a total of six protests had been received prior to this hearing: two had been responded to by the staff, over the signature of the Mayor, one from Mrs. Laura H. Denman re parcel 1120--16-31. Mrs. Denman resided at 1833 Rochelle Drive, San Jose, California; another from Wanda W. Ginner re Parcel #.120--3-2. Mr. Waiter Harrington filed four protests, though it was found that two protests related to the same parcel, bearing old and new parcel numbers, i.e., #120-27-7 (new) being the saae as #122-49-46 (old); the other two parcels protested on were #12O--15-82 (old #122-29-1) and Parcel #120-15-72. Howard B. Crittenden, Jr., submitted a written protest at 7:25 p.m. this evening re Parcel #120-15-72. Ken Jonee, Attorney for the assessment district, gave his report as required under Division 4 of the Streets and Highways Code, saying that the first hearing was required by law under Division 4, excepting the mathematical data which the written report includes. Summarizing, he continued, the report consists of the following information: first it describes the general nature of the location and extent of the proposed acquisition, its location and improvement, identifying the boundaries of the assessment district which will pay for it. The information was posted on the wall of the chamber that evening. Second, the report seta forth the total estimated coat of the improvement, the construction and proceedings, which, in this case, is $791,000.00. Third, the report sets forth the assessed valuation of each parcel of land included within the assensment district, for which the total was $3,907,934.00. The assessed valuation of improvements for each parcel of Land in the assessment district, vas the total, $14,106,127.00. The report sets forth the true value of the land in the district, determined by statutory formula (though perhaps not representative of true value since the formula was adopted in 1931) which stated that the truss velem vas double the assessed value of the lend, and that figure is $7,813,876.04. The fourth items required, Mr. Joys continued, was a statement of any outstanding special assses,- ts against the properties in the district, a difficult determination since gone of the items were in the form of fixed liens with an identi- fiaable amount against each parcel, and those were easily stated. However, a number of assessments in the fore of annual or ad valorem or other benefit complicationa making it necessary to eat forth the individual share of those burdens. With a statutory formula the result bore little relation to reality, Zfr. Jones said —b arer, the total amount of ad valorem assessment bonds >ses $63,000.®0. The total amount of fired liens, with identifiable amounts agaeinst 6 2 3 1/17/77 each lot, was $465,895.01. The amount proposed for that proceeding being $791,000, as noted before, brought the total outstanding to $1,951,890.01. For the purpose of financial feasibility analysis that total meant that the outstanding and proposed debts were approximately leas than half of the statutory debt limit --which was expressed in terms of one-half of the true value, leaving a debt of $1,951,000.00 as opposed to $3,907,938, meaning that the project was well within the financial feasibility for the assessment district. The final element of the report eas a statement of the period of years over which the proposed bond would mature, the maximum being 25 years, with a maximum interest rate of 8 percent, Mr. Jones said the engineer's report was a much more detailed document than the report he had just given, for- it had time specifications, identification of the proposed parking spaces, the assessment boundary map and the like, along with more detailed estimates of the cost. The first function of the public hearing, under Division 4, was basically mathematical and financial, to obtain the percentage of written protests on file at the time of the start of public hearing along with oral protests which might arise at the hearings. The second hearing gave most of the substance of the proceeding, involving every detail which the project poses to the property owner, and in the second hearing property owners may express themselves on any of the aspects of the proposed project- If rhe project servives the hearing process the next step is to complete the acquisition of the properties, ideally through negotiation but if chat is not possible the City Council had authority to exercise eminent detain powers as is seen fit. Once the property has been acquired the .final specifications and detailed drawings are prepared and bids for construction and demolition of the existing structures are called for- The bond sale process is coordinated so that the funds will be available to complete the acquisition, once the final amounts are identified; He noted that municipal bend interest rates are extremely favorable at this time, and with the 25 -year time the City could expect to have an interest in the neighborhood of 6 percent. Councilman 8erwald verified the total assessed value of the land at $3,907,938.00, and that the assessed valuation, with improvements, was $14,106.127.00 Faith the true value of $7,815,876.00. He asked the relationship under the law of the outstanding debts, and also the true value in relat cnship to the $17,000,000,00 in land. Mr. Jones answered that the $14 million figure was set forth as required by Law though the law dad not require that Chat figure be taken into account in determining feasibility under the statutes, though it went important, In hie epinicn the figure made an overwwbelsuingly favorable ratio, The common ratio in the municipal bond market in assessment pro3ects is that there be a minimum of 3 or 31i to 1 between the market value of the land and its approved assessment. In this cage the market value by modern standards gives almost $1.8 million of assessed value which is four times market value. Indebtednees of $1,951, 890,00 ....Mr, Jones re -calculated then said, "Apparently the figure that 1 gave you for the outstanding ed valorem asaeesments of $695,000.00 whereas the report filed with the City Clerk shows $1,460,000.00 which means rhe total outstanding indebtedness including the proposed assessment district amount, is $2,716,000.00." Councilman 6erwsJd asked if one --half of the land value was used, or one-half of the land value plus improvements. Mr. Jones replied that the statute requirres that one-half of the true value be used, and the true value is the Land value, in this case the $3,907,938,00 figure. The figure that was to be compared 6 2 6 1/17/77 with was the $2,716,000.00. The goal of the comparison was to end up with the figure for the land -assessed value. Ben Pawloski, Director of Public Works, said that the properties to be acquired were at 427 and 435 Bryant Street, also known as "the old Safeway lot" located between Florence and Bryant Streets, and 412 and 420 Kipling and 424 and 440 Lytton® located at the northerly corner of Kipliug and Lytton Avenue... Also included in this proposed project is the relocation of businesses located on the Lytton Avenue parcel. Proposed improvements consist of the demolition of existing structures and the improving of public.offstreet vehicle parking facilities by grading and the construction of base pavement, wearing surface, curbs, gutters, drainage facilities, lighting facilities, striping, landscaping and all auxiliary work necessary to complete the off-street parking facilities. Proposed improvements, he said, had been shown on the drawing projected on the wall of the Council -- chamber. A feasibility study was also ptcpoaed to encompass improvements to cn--street parking and landscaping, improvements to off-street parking, feasibility of constructing.a downtown parking structure, possible acquisition and improvement of adeitional off-street parking. Also consideration was given to opportunitie3 for encouraging and providing for alternative transportation modes for employees and customers, including but not limited to van pools, mini -buses, shuttle buses, bicycles, and facilities for the handicapped and pedestrians. Mr. Pawloski said that in his opinion all the businesses in the district benefitted from the acquisition the improvements, and the feasibility study, Mayor Norton asked if the bo mdaries of the similar or identical to previous bcundafiaa downtown area. M. . Pawloski replied in the Councilman Comstock asked what percentage of planned to be designated for compact cars. assessment district were for assessment in the affirmative. spaces, if any, was Mr, Pawloaki replied that the lot for Florence Avenue would have a total of 85 stalls, 15 of which would be for compacts. The Kipiingg and Lytton facilities would have 55 parking stalls, with 5 designated for compacts. Councilman Comstock observed that the numbers reserved for compacts seed iow, and he naked how it had been arrived at. Mr. Pewloski answered that based on estimated needs projected during a discussion with the Director of Transportation. Councilman Comstock asked if the question of parking for compact cars would be considered in the feasibility study, and Zit. Pawloaki said he wee sure it would be considered, Councilman Comstock asked about the study including the Foothill Campus extension parking and asked if the study would also take that into consideration. Jim Hudak, City Treasurer, said the study would deal with questions such as the feasibility of instsili.ng ticket machines which would allow longer parking, and sake it possible for the students attending three-hour classes to have a place to park their cars. Councilman Berwld asked if it was possible to change Exhibit A that evening, by adding additional elements to Section C, which dealt with the resolution of determination. Mr. Jones replied that Section C did have that flexibility as long as additions did not go beyond the overall basset. 6 2 7 1/17/77 Howard Crittenden, 117 Heather Drive, Atherton, stated that he had come to City Hall December 22, 1976, to iequire about the protest, and he found nobody knew anything about it and that the treasurer was on vacation, He said he had reached the treasurer at 7:45 this evening. He said he had asked where the $8.00 per stall was going -- general or special fund --and employees "in the office" had told him it went into the general fund, then he learned this evening f: i the treasurer that the money would go into a special fund, and he said hewould like to know just where that money went. Mr. Hudak replied that the money that was collected for parking permits in the downtown area is held in a special fund, which is used to pay for maintenance within the area: Money not spent for that purpose is then used to reduce assessments in the University Avenue --last year it had been some $50,000 or $60,000. Mr= Crittenden said that in any event the money goes into the general Palo Alto till, and that he would like to see whatever boat it goes into. Mr> Crittenden said he had copied the figures at the Public Works office, and he had been surprised to learn that the Bryant Street property, already being used for parking, was going to be acquired for $310,000.00 and that the Kiplin.g parcel was $187,200.00. The comparison with the assessed and the reported values showed him the price was very high. !r. Crittenden said he had obtained those figures only this afternoen, having reached Mr, Jones by telephone, and Mr. Jones saw that the figures were delivered to his home at 6:30 this evening, and it was marked Staff Report Ho, 2, Mr. Crittenden said information about the bonds and assessments was not available at the City Treasurer's office, He said he knew there were a substantial number of parking bonds against his property and beautification bonds, and also school bonds, city bonds and County bonds. He said he had no way of knowing how Mr. Jones had arrived at his figures. The paper he himself had just had columns with arbitrary figures given with a total at the end, At the City Attorney's office both he and the attorney found they were unable jointly to determine what statute this assessment was being made under, and that only Mr. Jones and the Special Counsel knew. He learned only this afternoon that it was Section 29 of the Streets and Highways Code. He concluded that the -report, which he had had to get himself, was short on facts and figures, and he had to go cver it himself" , so he did not know how, based on those circumstances, a public hearing could take place. Jim Hudak asked Mt. Crittenden if he vas a property owner in the aasessaeat district, and Mr: Crittenden replied that he owned property at Emerson and University, Councilman Eyerly said that he had understood that notice of the assessment district had been mailed weeks ago. Mt. Crittenden replied that he had received bis December 21, and that they had been mailed on Decker 17, 1976. He also mentioned the difficulty in acquiring survey maps. In his own experience as an attorney, be said, he had often found that the actual existing lines were a good ways away from the bounds indicated on surveys —he gave Oakland as a case in point. , of which much had been measured with a chain the wrong size. That fact had led co battles since 1865, he said. Councilman Seahrs said "1 think we're all somewhat syspatbetic to your dent about the shortness in the supply of information..." and he asked if Mr, Crittenden felt he had been prejudiced and to what extent. Mr. Cs ittenden said his assessment waa about $3200.00, and his property was a sevan—artnute walk to the nearest parcel at Florence, which was already in use as a parking space. The rea oe the City steed to acquire it wars not explained, he said. The Kipling property toss too far away to be of use to his tenants. The last three bonds, he noted, had had interest rates of 6.25, 6.5, and 7,0 percent. He wondered why he should spend "that kind of money" on property priced at more than it is worth, the price for the Kipling property being $187,200.00, and it still is not going to provide much parking, the parking contract being $7.00 or $8.00 per month, and enough pe ple contracting for parking to leave too few perking spaces for the people who a :re just shopping or the like to make the outlay of cash worth the price. He said people should park farther out anyway, and use public transportation to cone into the downtown area, The money for renting contracts went into the general fund, he protested, whereas it should go into defraying costs for acquiring and maintaining actual parking, Councilman Beahrs said that many of the things being discussed were matters of opinion. Mayor :Morton said he would ask Mr. Jones, attorney for the assessment district, to respond to some of Mr. Crittenden's questions, and Mr. Hudak, City Treasurer, to respond to others, as appropriate. The mayor ascertained that Mr. Crittenden owned the property at University and Emerson where Fireside Thrift was located. Mr. Jones stated he was in full sympathy with Mr. Crittenden's feelings and thoughts, and at the same time he had to note that the notices which tart Crittenden had received spelled out all the infor tion he had queried, such as the laws being used though it could be said that some of the figures in the Division 4 report were arbitrary to some degree, The arbitrariness was necessary in order to apply the formula for each lot. Now that the location of Mr. Crittenden's property was known, specifics could be explained to him. Jim Hudak said that the figures the report shows against assessment 185, being the total share of the ad valorem assessment, of $6,070.00 and the emount of 1415 -Act assessments against the property now outstanding in eha form of fixed liens of $4,384.47 along with the proposed mount of assessment in this proceeding of $3,289.14. The first and third of those two figures were arbitrary to a degree, Mr. Hudak acknowledged, a necessity due to the form of the law. In the notices which had been sailed was included an estimate of the first year's charges is this proceeding in the amount $237,41. Mr. Hudak said that the people Mr. Cri.tteaden has questioned had difficulty giving hie answers on Decker 22, 1976, and that he htd not left his acme or re -contacted the City until that afternoon of January y 17, 1977. On learning that Mx. Crittenden had not gotten access to the reports Ms. Hudak talked to Mr. Farwloski, who had then sent a special messenger up to Mr. Crittenden's office in San Francisco to hand -deliver the report. The weaesauuger had missed Mr. Crittenden by three minutes and so returned and delivered the reports to his home, Mt. Pewloski, speaking about the questions Mr. Crittenden had raised about the figuree which he said were unexplained, said that parts of the Investigation Report, which accompanies the papers mailed out to the assessment district, gave detailed explanations column by column. Councilman Hytr1y asked about the district of the Kipling lot, was it in a tosaeetcisI district? Mr. Pais1oski said the lot was in a commercial district, and contained two pieces of commercial property. Nt. Pawloski confirmed Mr. Hudak's statement about contact with Mr. Crittenden, saying he had received no massage from him on the occasion of his Decenber 22 visit, and had been in contact with bin for the first time mbem be returned e 629 1/17/77 Mr. Crittenden's 3 p.m phone call at 4:15 p,m. that day, January 17, and finding he was not in he telephoned him at 6:45 p.m. The values of the property were listed in the eport as well, and they had been done by a licensed appraiser, and were held by the City to be accurate and fair, The question about why Mr. Crittenden's property should be assessed when the propoaed lot at Florence was so far away, was explained by the fact that as new parking was created people's parking patterns changed, and so spaces in a lot nearer University and Emerson would have some spaces freed, and that was the rationale for assessing throughout the district, rather than just contiguous lots, Councilman Berwald asked if, in the Comprehensive Plan, all of the proposed parking apace was commercial. He asked if any of the adjacent property was zoned residential, Mr, Pawioski said the parking space was commercial in the Comprehensive Plan, and the land_ adjacent to proposed parking was not residential, though so was non -conforming. Councilman Berwald aeked Me Steinberg how the policy of "more efficient use of the automobile" contained in the Ccmpre%ensina Plan fit with the proposed establishment of more parking, Mr. Hudak responded the primary aim had been ,to acquire more parking space, giving more access to Lytton Avenue thus leading to a more efficient flow of traffic, Access to the parking lot would be from Lytton, rather than the narrow Kipli.n.g, The basic reason, however, was to repair a longtime deficiency in University Avenue area parking, arid also the opportunity to acquire the property was unique. Anne Steinberg, chairwoman of the Planning Commission, said that Point 6 under C in Exhibit A spoke of a feasibility study about provision of short term parking spaces, for they were needed downtown. Eloise Smith, 756 University Avenue, asked if all the lots in the assessment district were assessed the same, regardless of location of the parking in relation to the property being assessed. Ken Jones responded that the answer. was "yes." The project under dtscuasion was a follow-up of a district formed many years ago and that it was designed to supplement parking for the entire district. )4a. Smith asked if parking acquisitions was all paid for by the assessment district, and she wondered what part the fees for contract parking paid, Jim Hudak replied that landowners within the area pay for the property; money collected for permits waa used as au offset, Page 73 of the financial report showed that offset of $64,000.00. He added that each year the assessment could become leas if parking revenues increased. Ma. Smith said she owned a retail store between Webster and Cowper on University Avenue. She said that permit parlers took all the available parking away from drop -in shoppers, and that made the shoppers go to shopping centers. She said she paid $260.00 a year for parking in the City Hall, the beautification program cost her another $278.00 a year, and the proposed assessment would be another $270-290.00, which made her property "outgo" rather than "income." She said that she hoped that the tax increase would not take place every year. Jeffrey Hmukins-Toppel, 278 Waverley Street, asked if the formula was based on whether or not the buildings were occupied. Mr. Jones answered that the formula for the spread of this assessment is based on adjusted square footage of non-residential structures. Be said he know of to relief for the fact that the property might e 'ascent. 630 1/17/77 Mr. Hankins-Toppel said he did not understand why the City would acquire the property then do a survey to see whether or not the property was needed --that seemed backward to him. He said he had not seen all parking spaces filled. He asked about the dates of the surveys on which the need was based. Mr. Hudak replied that a number of surveys had been made and that questions about long- versus short-term parking and the like were to be part of the feasibility study, though surveys showing need of parking had already been done. Those surveys had been district - wide, and not parking lot by parking lot. Mr. Pawloski said that these two parcels of land were given to parking now and provide 115 parking spaces. A major aim of the purchase was to assure they would remain in use as public parking. After acquisi- tion and improvement the parking will provide 140 spaces. Mr. Jones addre€aged himself to the matter of whether it was cheaper to buy the proposed parking lots or continue to lease them --He said the differential between the interest rate at which a tax-exempt bond could be sold and the "normal" rate that a property -holder expects to get from leasing makes it better to buy. The municipal bond interest rates have a gunge of 6.0 to 6.5 percent, and normal return on property being leased is expected to be between 9.0 and 10.0 percent, making it less economical to lease. In the matter of benefit to propertyholders in the assessment district from the purchase of the parking lots, the area where they are proposed has been in a deficit position in relation :o otber areas within the assessment district ---this purchase would make that situation more equitable. Councilman Eeahrs asked if the title to the properties was held by the parkin district or the City. Hr. Jones said the title went to the City of Palo Alto, who held the property in trust for the benefit of the property owners in the assessment district. Councilman Seahrs then asked who would get the proceeds from the sale of the land should the commonplace use of automobiles come to en end. Mr. Jones replied that in that event it is possible the City could hold a public hearing end determine how to dispose of the property. Proceeds from that sale would rightfully go toward purposes benefiting the assessment district which had paid for the property. The money could be distributed back to those wbo had paid it in, and also sale proceeds could go for liquidation of any outstanding bonds, MOTION: Mayor Norton moved, seconded by leahrs, that the public hearing on the matter of acquisition of land and perking feasibility study for tlr. University Avenue Assessment District, Project 75-63, be closed. The motion passed unanimously, Councilmeebere Sher and Carey abaaent. MOTION: Count.ilmao Eyerly introduced the following resolution and moved, seconded by Norton, its adoption by the City Council; mamas 5323 entitled "A RESOLUTION OF DETERMINATION, : UNDER DIVISION 44�+OF T STREETS AND HI ►YS CODE, TO PROCEED WITHn LNGS OR A AND ACQUISITIONS Aa P' low ts." AMENDMENT TO MOTION: Councilmen Derseaa14 the following amt as an additional foreseeable significant changes in terms of parkin; demand within this aseessm+ent 631 1/17/77 moved, seconded by Comstock, element: "Assessment of of their impact on the nature district...." ACQUISITIONS. Councilman Berwald explained that his amendment was aimed at considering all possible contingencies, not only in regard to the lots under discussion, but also the parking ramp which was going to be discussed at a meeting some time hence. AMENDMENT PASSED: The amendment introducing the element of possible change in land use in relation to parking. passed on a unanimous vote, Councilmembera Carey and Sher absent. Mr. Jones advised Council to state for the record, before voting on the resolution, the percentage of legal protest. Ben Pawloski stated that the protests registered represented 2.85 percent of the properties being assessed. Mayor Norton ascertained that protests were area -based. Responding to Mtyor Morton's request, Mr. Jonas explained, stating for the record that the percentage of protest was 2.85 was to indicate that the protest fell far short of a majority. An excess of 50 percent would legally stop the Council from, ecting in this matter, anal since 2.85 percent was substantially lower, the Council had jurisdiction to proceed. MOTION WITH AMENDMENT PASSED: The motion that Council adopt the resolution to proceed with acquisitions;, as mended, passed on a unanimous vote, Councileembere Sher and Carey absent. MOTION: Councilman Eyerly introduced the following resolution and moved, seconded by Norton, ita adoption: "A RESOLUTION OVERRULING PROTESTS ON $ES(3 ION No.5242." MOTION PASSED: The motion to adopt adopt a ar_eeeolution overruling the six proteins on the matter of establishing an assessment district for additional additional. parking in downtown University avenue area passed on a unanimous vete, Councilembers Carey and Sher absent. LION: Councilman Nyerly introduce: the following reeolution end moved, a mondsd by Norton, its adoption: entitled "A U$OLU ION ADOPTING ENG ' S ASSNS GNDELING WWI AND Am Peelooki pointed out that on the emend page of Resolutton 5330 was a bleak in which the somber of the written protests was to be noted. Nryor Norton ascertained that inclusion of that number could be a part of the motion. LION PASSED; The notion to adept the resolution ordering work and acquisitions passed on a numinous 'ante, Coanecilmembers Carey arid Sher absent. MOTION: Coeacilss. Zy.rly Introduced the following resolution and sieved, ascended by Witherspoon, its adoptions entitled iQA RESOLUTION PROVIDING POR TO ADOPT RESOLUTION OF NICISSITT INITIATING NMINENT DOMAIN FLINGS." NOTION PASSED: The motion to adopt the resolution of necessity for initiating smissat donate proceedings passed unanimously, Commilmembere Carey and Sher ebsaaet, 632 1/17/77 Mayor Norton thanked staff for their clear explanations to questions which had arisen during the discussion of the parking lot assessment district. Council recessed from 9:15 p.m. to 9:35 p.m. SANTA CLARA COUNTY TRANSIT DISTRICT LZ HT BAIL Y�PASIBILI1 A AL RNAimimilmlIVES ANALYSIS' STUDY Vice Mayor Clay, speaking as chairman of the Policy and Procedures Committee said that on December 13, 1976, Council had heard a presenta- tion by the County Transit District on the corridor aspect of a feasi- bility study of light rail.- The natter had tbez been referred to their committee for public input. The following questions regarding policy iseuea bad been given for consideration! 1. Where should the first usable segment of any approved transit alternative be located? 2. What is the role of transit in Santa Clara County in solving transportation needs now and in the foreseeable future? 3. Is there a willingness to consider modification to current general plans and zoning laws which would reinforce transit in selected, mutually agreed upon areas? 4. Should innovative financing mechanisms such as value -capture tax increment or other techniques be pursued so that new property values at selected locations can be pertially applied to help pay for the local share of assistauce? 5. "Should the West Valley/Guadalupe transportation corridor be preserved for future transportation options? NOTION: Vice Mayor Clay on behalf of the Policy and Procedures Committee moved the following recommendetions regarding the Santa Clare County light rail feasibility and alternatives study: a) the Wet Valley/Guadalupe transportation corridors be preserved for future transportation options; and b) to Council take no positiou on the first five policy issue referrals until the ABAG/MTC corridor study is completed end request the Transit Board similarly to postpone taking any position oa those Matters until that time. Chairman Clay said that the Policy and Procedures Committee bad been told the AEG/lam study would be completed around the end of the calendar yeas. Councilmen Beabrs awaked if the committee recommendation recommended that the Council vote against light rail. Chairman Clay replied "no," and added that the joint study, £MG , will consider the first fivo questions and they recommend that action be postponed until answers are forthcoming. .4,; 633 1!17/77 MOTION PASSED: The recommendations of the Policy and Procedures Committee were approved by Council on a unanimois vote, Councilmembers Carey and Sher absent, • . 1 : YANT STREET --DENIAL OF APPLICATION 1`i;+CYJI . " ;14't-40/41+ r' . M. 4 ', Anne Steinberg, Chairwoman of the Planning Commission, reported that the Planning Commission did not feel justified in granting a variance on the above property on which three buildings in violation of the zoning ordinance had been built, evert though the building violations had not been intentional, for the Planning Commission could not grant permission for buildings which did not meet building code standards, She said that reconstructing the sheds so that they were of one -hour fire resistant materials could be more costly than moving the sheds. The Planning Commission, she said, recommended denial of the variances. Mayor Norton recapitulated the situation before the Council -=that the Planning Commission recommended that Council deny the variance, rather than appealing to them to grant the variance, Richard Ruppel, 2960 Bryant Street, said he had had a lone drawn out altercation with the Planning Commission in trying to get a variance, and he conceded that it was impossible to do so. He was appealing to the Council for about six months' time to build new structures. He also said that some statement by the seller of metal storage struc- tures, in this case Sears & Roebuck, should be made to let purchasers know that they violated code. Mayor Norton asked City Attorney .Booth what Jurisdiction Council had for granting time delays in matters regarding rode violations. Mr. Booth replied that only Special Services, the City Manager and the City Attorney's office had such jurisdiction. He felt six months was too long to ask in order to move a temporary shed. Councilman Comstock said that since Mr. Ruppel demonatrated that he was going to make a good faith effort to comply with the building code what leeway did he have as far as time was concerned. Mr. Booth answered that the City was more than cooperative with anyone who was making progress in bringing property into compliance with the law. Councilman Comstock noted that if the structures were moved they would be acceptable. H2 asked how the consumer could receive some caution before pur' hasieg such temporary buildings, Mr. Booth said perhaps the City could contact some local suppliers to ask that they point out local code requirements to purchasers. The problem became complex when it came to the matter of electrical and plumbing eupplies, h.a pointed out, adding that if staff was so directed they would certainly make an attempt. Mayor Norton said he understood the location rather than the building itself was at fault. Councilman Peahrs suggested Mr. Ruppel go to the national headquarters of Sears for some definition on the code matter, Vice Mayor Clay asked why Mr. Ruppel did not want to relocate the buildings. Mr . Ruppel replied that he had to keep roost in the yard for a 20. -foot travel trailer which he wanted to store off the street and out of the driveway. 6 3 4 1/17/77 Vice Mayor Clay asked if the buildings as located would be permissible if no flammabies were stored in them. Mr. Booth replied that the obligation to build eight feet away from the house and six feet away from the lot line arose from the location, rather than what was stored in them. The one -hour fire resistance could be obtained in a certain quality eheetrock, he added. MOTION: Couneilaean Comstock moved, seconded by Eyerly, that Council uphold the Planning Commission recommendation to deny the application, and direct staff to express Council's interest and concern that a clear understanding of Building Code requirements be transmitted to vendors of portable buildings, whether through the Chamber of Commerce or other appropriate channels. MOTION PASSED: The motion passed on a unanimous vote, Counci1iuei bers Carey and Sher absent. SALE 0P S2UIEE HOUSE (CM:118:7) Clayton E. Brown, Director of budget and Staff Services, said he had asked that the matter of the sale of the Squire House be removed from the consent calendar, for late in that afternoon the City had received a second offer for the Squire House. He wanted to discuss both offers now pending to the City: the original offer, as described in the staff report was from William 0. Cox, Jr., for $135,000.00 cash, aubject to Mr. Cox's review and approval by January 18 of the facade easement: he has made that review, Mr. Drown said, and removed that condition. Mr. Cox's offer had come through a real estate broker and the City would have to pay out of the $135,000.00 a commission of S5,400.00, or 4 percent of the offered amount. The City's net wouli he $129,600.00. The offer was for ten days, ar,d would then be withdrawn. The second offer, trade that afternoon, had begin made by J. Richard Sajbel, with ter of $170,000.00, with $39,000.00 of that amount being retained in escrow by the buyer's lender specifically for the repair of the property, with :sp to $10,000.40 going into landscaping. Mr. Brown said he assumed that the offer had been made in that fashion to facilitate his own financing. The City would net $131,000.00 in that sale. Three items were to be added to the facade easement: 1) that the public view not include a view of the rear yard; 2) fencing to be used in the rear yard to conforr only to City requirements for fencing; the facade easement ment to be interpreted so that buyer's privacy within the residence or the rear yard to be not ieveded; 3) that the City agree not to require any repairs to the property that were not outlined in a pre -sale inspection report prepared by the Toning and inspection division in May, 1976. Summing up, Mx. Brown continued, air. Cox's offer results in a net of $129,600.00 and two conditions --Mt. Sajbel's offer resulta in r 'At of $131,000.04, or $1,400.00 sore than the Cox offer. Based on ti.ase offers staff recommends Mr. Cox's offer be accepted, for Mr. Sajbel's offer in respect to pre -sale conditions end so on tint the Cit7r uauld be held to a summery report, and vas not detailed on code violations and he like. That wee the only objection to Her. Sajbel's offer. Mt. Brown recommended that Council act that eveen ing , since Mr. Cox's offer would spire. He said both parties were in the audience that evening. . Councilmen Comstock asked if Mr. Sajbel's offer left the City In a position of perhaps having to pay for some additional work in the house. Mr. Brown replied rather that the conditions of the offer left the City is the position of not being able to enforce its own building code. Councilman Comstock noted that perhaps the applicant did not have that circumstance in aired. Were that condition not 635 1/17/77 present Councilman Comstock said, what might the staff recommendation be? Mr. Brovn replied that if the conditions weren't on the sale, the $1,400.00 over the Cox offer made the Sajbel offer better. Councilwoman Witherspoon recalled the previous Ruppel matter, in which Council learned they had no.authority to grant variances on the building code, so that meeting the building code was paramount, was it not? she asked Mr. Booth, Mr. Booth answered that not only was that true, but also the conditional clause could lead to an action against the City for the cost of doing additional work on the prex ses. Councilwoman Witherspoon asked what use would be made of the $39,000.00 in escrow. Mr. Brown replied that it would be used for making improvements, up to $10,000 00 going toward landscaping, Phrased in that way the offer provided assurance to the City that he would make interior improvements and also the landscaping. Putting the offer in that fashion meant Mr. Sajbel could take a home improvement loan out for that amount. He said he understood fir. Sajbel planned to live in the house. Mayor Norton enumerated the offers, the first being Mr. Cox's, second Mr. Sajbei's. Councilman Beahrs expressed curiosity about how the $39,000.0.0 improvements compared with the City's estimate, for he said as recalled it would not even buy a heating system. the for he Mr- Brown said the City's estimates had been based on using the building as a public facility, perhaps as a senior facility, with an elevator, addition to the kitchen, and so on, which brought the cost up into the hundreds of thousands of dollars- As a single --family dwelling guesstimates from architects aid contractors have ranged from $35,000.00 to $80,00000. Councilman Beahrs remarked lour he had even considered Councilman Kyerly asked if be fenced toward the front that the price of the property was so making an offer himself. the 'rear" part of the Squire House could of the house. Naphtali Knox, Director of Planning and Community Environment, said he could not reply without seeing a plan of the grounds. Paul Kerr, 360 Forest Avenue, spoke not for a group but as an individual. He said he had gone through the house when realtors held it open last Sunday, Ho skid the mahogany fireplace motel was still painted white, a leftover from the Decorators' Showcase. The fireplace was non-functional for the chimney stopped in the attic. A kitchen flue stopped there as well. The back door for the kitchen was boarded up, and the walls had New York subway -type graffiti; the bathtub had been removed; the other bath facilities had to be connected; exploratory holes lie the ceiling needed to be cloaa4 up; chandeliers hat to be replaced. However, the building had been structurally reinforced —the contractor, who had worked on the building, had predicted the house would lit to 100 years from now, and Mx. Kerr said he was probably correct. The figures the City estimated for putting the house in living condition were far higher than the figure estimated by Mfr. Sajbel, He felt Mr, Cox's offer gave a sensible solution. Re said he thought the $135,000,00 figure had become somewhat fixed as the price for that was the amount of the Luce offer. Re noted that if someone bought at that price and fixed it up then chose to *oil it there was no ler against making s profit. > 6 3 6 1/17/77 David Mitchell, 525 Univer©ity Avenue, spoke as attorney for Mr. and Mrs. Sajbel. He said Mr. Brown's statement on the Sajbel offer was accurate as far as it went; he himself wanted to emphasize several points. 1) The Sajbels did not want to build a fence in front of the portico. They would plan a fence which would be consistent with the landscape and the structure. 2) They planned to live in the home for a long time. 3) The $39,000.00 in escrow was to indicate to the Historical Society their intention to restore properly the structure. Mr. Mitchell said he himself had suggested the condition about the building and zoning code requirements, because the City appeared to be in a dual role --not only as sellers but also es future inspectors. If Mr. Sajbel had more time he would put contractors and architects in touch with the City so that a determination could be made on the completeness of the inspection report, while at the same time being aware that the $39,000.00 would not cover the total costs of bringing the house and grounds to excellence. J. Richard Sajbel, 285 Hamilton Avenue, said he had lived in the area for about ten years. Three years ago he decided to move his business from San Francisco to Palo Alto for he liked the area. Mrs. Montgomery, next-door neighbor to the Squire House, was a friend of his, and she had urged hiss to acquire the property. In the light of his recent marriage the idea of purchasing it as a longterm residence became attractive to hfm. He reviewed his plans for renovating the interior so far as plumbing and electricity were concerned, making it habitable. Vice Mayor Clay asked if Mr. Sajbel had seen the pre -sale reporo. Mr. Sajbel replied affirmatively, saying that in respect to the heating he had considered installing aolar heating, and that that was not as complex as other heating systems. The pre -sale agreement, he thought, said the wiring was adequate except for some outlets. Clayton Brown confirmed that the pre -sale inspection report served as an indicator to the condition of the atrt'cture and its systems. As an exa le, while the rooms each showed the existence of two elec- trical outlets, the adequacy of that number was questioned, thowgh no definition as to what was adequate was given. Mayor Norton hypothesized buying an old house which did not involve the City, except that he remodeled something later which brought the building inspector in for a look, would the inspector look at everything, or just the work he was there to o.k. In other wor4, was he taking a risk that the City might make his do more than he wanted to do? Mr. Brawn said the code was available, and that the architect or contractor would have to work within the cods. Liter the permit had been applied far at some point time inspector would come to see the progress and also he would have to "sign off" on the completed job. If, for example, the iuspector was examining the electrical in a kitchen and found at the same time that there woes en improper drain for ttssa sink, he would have to take some action, but he would not go through the rest of the house looking for other violations. Mx. Sajbel asked what he mould have to do in order to occupy ache house. Mayor Norton cautioned that Mr. Sajbel would have to find those things out if he was a serious bidder on the house. Mr. Sajbel replied that he had s contractor whose services he would use. Mayor Norton said that the City had a "claim" bid for $x35,0®0.00, less $5,400.00, net $129,600.00, and the bid from ter. Sajbel for only $1,400.00 bad a lot of "b " in it. S 3 1/17/77 Vice Mayor Clay asked af the pre -sale inspection meant that the things inspected were "probably o.k, but there was no certainty Mr, Brown said the two sentences at the top of the pre -sale report probably explained it best, and he read: "This form is a brief report intended to summarize in general features of the building described below, and whether it complies with the building, electrical and zoning ordinances adopted by the City of Falo Alto. While we hope this report is accurate and helpful we cannot assume liability for damages which might result from it or for any conditions which this report might fail to disclose." The purpose of a pre -sale report, Mx. Brown added, was to protect the buyer from hazards he might otherwise not be aware of. Lee Nelson, 950 University, said she would be glad to see the house inhabited, preferably by a private ow er who would live there, Tito Trailer, 310 Tennyson, spoke as real estate broker for Mr. Cox, and noted that the first offer was "clean" with no conditions, and that it expired the following day, January 18, 1917. MOTION: Councilman Eyerly moved seconded by Berw*ald that Council accept the staff recor' .E,le ion and sell the Squire house to Mr. William D. Cox, Jr-, for $135,000,00, with the facade easement previously approved by Council %r:tact,, David Mitchell, attornyy for Mr. and Mrs. Sajbel, reminded the Council - members chat the Sajbe1 were asking only that the Council stick by their own pre -sale inopecti.on, Mr. Brown's statement that the pre -sale agreement was cn;y an indication seeded somewhat inconsistent, in his opinion - MOTION PASSED: The motion agveetng to the sale of the Squire House with the terms of the offer passed on a unanimous vote, Councilmembers Carey ant; Sher absent, Mr. Sajbei asked if Council would postpone a decision on the sale - Mayor Norton replied in the negative. FEDERALLY FUNDEDMOUSING REHABILITATION Councilwoman Witherspoon asked Mx. Walker, Assistant City Manager, if making the managerial position permanent would increase the amount already budgeted for overhead. Mr. Walker replied in the negative, adding that a full-time administrator was definitely needed as long as the program is operating, and that it would cease with the termination of the program. He said that it was important that the Council know that, as well as the employee. MOTION: Councilwoman Witherspoon introduced the following ordinance and resolution and moved, seconded by Seems, their adoption: ORDINANANCE OF THE COUNCIL OIL THE CITY OF PALO ALTO SING THE BUDGET FOR FISCAL YEAR t916--77 TO ADD THE POSITION OF MANAGER, HOUSING IMPROVEMENT PROGRAM, IN THE DEPARTMENT OF PUBLIC WORKS, ADMINISTRATION BIITISZON b 3 s 1/17/17 • RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING RESOLUTION NO. 5232, ADOPTING A COMPENSATION PLAN FOR MANAGEMENT PERSONNEL AND COUNCIL APPOINTEES, TO ADD THE POSITION OF MANAGER HOUSING IMPROVEMENT PROGRAM, IN THE DEPARTMENT OF PUBLIC WORKS, ADMINISTRATION DIVISION Councilman. Berwald said he would have a somewhat strenuous objection to passing the ordinance and resolution that evening. He aaid he had been glad to see this item removed from the Consent Calendar. He said putting budget items on the Consent Calendar just before the budget review get a poor precedent. He wanted time to look at the alternatives, and to examine other elements of the position along with the workload. MOTION TO REFER: Councilman Berwald moved, seconded by Eyerly, that the matter of reclassification of manager for the federally funded housing rehabilitation program be referred to the Finance and Public Works Committee. Councilman Comstock opposed the motion to refer, saying the salary under discussion had been approved in budgeting administrative expense, and that it vas wholly appropriate and consistent that the employee now become fullt.ime. He said that unless the Finance and Public Works Committee was going to undertake the whole matter of salary schedule review, the motion to refer was pointless. ouncilwan Eyerly said the fact that annual salary of the Housing inspector manager was $22,056,00 indicated to him that Community Development funds were not being used efficiently. Some recommendations of Comprehensive Education a►td Training Act (CETA) employees for federally funded managerial posts confirmed his misgivings, he said, for en intensive review of the requirements of the job itself was needled. He approved the referral motion so that review could be made, That was the best way to hold the budget down, he said. MOTION PASSED: The motion to refer the reclassification of the managerial position for Housing rehabilitation to the Finance and Public Works Committee passed on the following vote: AYES: Berwald, Clay, Eyerly, Norton, Witherspoon NOES: Beahrs, Coe stock ABSENT: Carey, Sher AMER WOOD APARTMENTS ACFEEWEVT 'fit SAL" OF sL PROPERTY MOTION: Councilman Comstock moved, seconded by Mayor Norton, that the agreement between the City and Webster Wood Apartments, a limited partnership to be formed by the Palo Alto Housing Corporation, be executed and signed by the Mayor of Palo Alto. Councilman Berwald said he was happy to see the work of the principals of the agreement come to fruition. He asked if a reserve fund would be available should the need arise to pay the City $1 million, Lou Goldsmith of the Palo Alto Housing Corporation said that it was expected that the mortgage would be paid after about 42 years, so that after that time what would have been paid as mortgage would be available. 634 1/17/77 Councilman Bervald asked about the $40,000.00 payable upon the close of escrow, along with the $300.00 per unit --was it for those units which did not receive housing assistance, there being about 35 such units? Mt. Goldsmith replied affirmatively, adding that Palo Alto Housing Corporation (PARC) had applied for about 75 percent subsidy, but so far had not been able to obtain it, although PAHC would continue to work for it. Housing and Urban Development (HUD) had granted it at one time, but they had been unable to accept it for they had not gotten their (PAHC's) state financing on time.. He said PARC expected to have 34 units at full market rage, which would be about $10,000.00 a year, Councilman Be.rwald asked if there were any leeway to increase in the $300.04 payments, or did they have to stay the same for the full 49 yeer. a . Mr. Goldsmith replied that the housing was very strictly controlled, both as to those eligible so far as income and also as to rent levels for all of the units, ac, that strictness did not leave much elasticity. MOTION PASSED; The motion that the agreement between the City and Webster Wood Apartments be executed passed unanimously, Councilneubers Carey and Sher absent Mayor Norton thanked all those involved in that proiect for their efforts. ORDINANCE REGULATING BINGO GAMES City Attorney hooth stated that the ordinance was the result of Council directing that it be drawn up; that the voters in June 1976 approved local option on Bingo, and that if it were not passed Bingo would remain illegal. In drawing up the ordinance the attorneys had taken the best of ordinances on the same matter in neighboring communities, and added sole of their own thoughts to assure that Bingo gams would clot constitute a neighborhood ni iaante, and also to assure that other eles ante did not get into the activity. which vela to be restricted to charitable institutions, according to Internal Revenue and state tax requirements, Pending legislation, he continued, would expand the existing number of qualifying organisations. The first twelve provisions of the ordinance had been taken directly from stete law, with one or two minor clarificationa, and they had been put into ebe ordinance to assure that infringements would constitute criminal offenses, though under state law that might not be so. Councilman berwald asked if "'minors" meant everybody under 18. He also asked why the Bingo games had to be open to tie public. Mr. booth replied that minors were everybody under 18 years of age. Re continued that a provision of state tsar was that Bingo games had to be open to the public. That provision would cause problems since one local organisation had a "members only" policy. Palo Alto's fire deportment requirements would also be a limiting influence against "huge hordes." Present restrictions were not about specific days, but to two gam a week and running up to 11 p.m. (lingo licensee, under the proposed Palo Alto ordinanace, would not be issued to places licensed to sell alcoholic beverages.. That prohibition dealt only with those places. 640 1/17/77 Mayor Norton added that he had asked specifically whether or not 4.51.230 of the ordinance would prohibit the Elks Club from being licensed, and he asked if the City Attorney had been able to permit them to play Bingo. City Attorney Booth replied affirmatively, there could be included a provision, perhaps to be called a special club license for fraternal organizations, by possibly adding the following wording: "...except clubs as defined under Section 23423 of the Business and Professions code or successive legislation on condition that no alcoholic beverages be sold or consumed in the room in which Bingo gams are played, during such games." MOTION: Mayor Norton introduced the following ordinance and moved, seconded by Beahrs, its adoption: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 4.51 TO THE PALO ALTO MUNICIPAL CODE REGULATING BINGO GAMES CONDUCTED BY CHARITABLE ORGANIZATIONS AMENDMENT: Mayor Norton moved, seconded by Beahrs, to add to Section 4.51.130 the words "...except clubs as defined under Section 23425 of the Business and professions code or successive legislation on condition that no alcoholic beverages be sold or consumed in the room in which Bingo games are played, during such games." Councilman Beahrs said he would like to hear comments from the Police staff, going on to say that Palo Alto was "quite generous" In its license fees, in view of the policing that would be required and he suggested the City charge 10 percent of the total pot. Mr. Booth said the state law restricts cities to license fees which did not exceed the actual cost of enforcement, and to charge € percentage would very likely be considerably more. AMENDMENT PASSED: The amendment including the conditions under which alcohol could be sold during Bingo games passed unanimously, Councilmembers Carey and Sher absent. Vice Mayor Clay asked if organizations had to notify the police despert- ment the hours when they scheduled play, and if those hours of 12 noon to 11 p.m. night not create some problem. cbietf Zurcher of the Police Department said the departmetetal objection would be more toward workload than to hours: s cursory examination of organizations which could play were 48 churches, 29 privet schools and many other community service organizations met requirements in the ordinance as well as in state Law. With about four tours for each license investigation and time throughout the month to inspect premises, with the possible addition from the Green want permitting sore organization* to play, there would be a great workload. Vice Mayor Clay repeated that he thought the hours would pose Aa problea of enforcement, for they would be another specific to have to be enforced. Chief Zurcher said 11 p.a. was a desirable termination time because so many of the organizations were in residential zones; also, the department vms "pretty well set" to cover enforcement between those i hours of 12 noon and 11 p.m. 641 1/17/77 AMENDMENT: Vice Mayor r,;1ay moved that the first senteece of 4.51.130 stating hours during which Bingo could legally be played be deleted from the ordinance. The amendment to the motion died for lack of a second. Councilman Berwald said his initial indifference to the thought behind the ordinanceon Bingo had changed to specific disapproval: he spoke of the time and volunteer effort charitable organizations gave to BINGO --time that in his opinion would be better spent tending to spiritual needs. Contention arose over where the proceeds from the games were going. He said members of organizations, not proceeds from gambling, should support themo He otiect4d to the two days it was to be permitted per week, saying it should only be one day a week, and not be permitted on weekends. He continued, saying that along with his ether objections to Bingo for charitable institutions, mostly churches, heobjected, perhaps paradoxically, that once permission was given the City would police the activity. He concluded saying the $10,000.00 fine, were it ever imposed, would probably lead to the ordinance being reminded and, he said wryly, the recall of the Council. He said he would vote against the ordinance. Mayor Norton commented that he thought bing i games once weep would be sufficient. AMENDMENT: Mayor N rton moved, seconded by Beahrr, that 4, 51.130 read to permit Bingo playing once a week, maximum. AMENDMENT PASSED: The amendment passed on a unanimous vote, Councilmembers Carey and Sher absent. A?!.iNDME1I: Mayor Norton moved, seconded by Beahra, that those organiza- tions organizing Bingo in areas with B-1 zoning have adequate off- street parking available, the legal staff to draft appropriate language end inert the wording in the appropriate place in the ordinance. AMA PASSED: The amendment passed unanimously, Councilmembers Carey and Sher absent. Councilman Besweld observed that the ordinance could be said to have the effect of opening up a card room in a rmaid tia1 area, and with that thought be moved the f'liowing: Councilman Beiiield moved that the words "In no case shall this ordinance be effective in g-1 zones until the state emends its legislation to prohibit public access to Bingo gas in institutions which are in residential zones." The amendment died for Lack of a second. Mayor Norton asked 11r. Booth's possible reactlon were he to amend .070 on pope 2 to state that Bingo games would be open only to members of the sponsoring agency end their guests, rather than to the public at large, Mb:. Bootie answered that .070 wee tae verbatim from the field code section authorising the ordinance. He +said he bad changed the word "just" to "solely." The conclusion uas that the City could not be more restrictive thou the state, though Councilmen Barmaid's suggestion could be proposed to the state, yet even so it mid set become effective until January, 197$ b 4 2 1/17177 Corrected Son page 667 1 Councilman Comstock remarked that the institutiona that primarily would use the Bingo game as fundraiser were churches, and that because of churches' multi -use, as schools, child --care centers, many meetings and the like their activities did impose a strain on neighborhoods and traffic enforcement facilities. Re acid there would ae a high annoyance factor accompanying this ordinance, and the six -page ordinance they were talking about attested to that fact. Councilman B'eahrs observed that it was presumptuous of Council to think it could legislate the morality of a church. He said that probably not every church would go for the "bonanza" of permission to play Bingo. See said he personally would not be a "devotee" of Bingo, for he received no pleasure from losing money. MAIN MOTION AS ADDED: The main motion as amended failed on the foltowing vote: AYES: Eeahrs, Clay, Eyerly, Norton NOES: Berwald, Comstock, Witherspoon ABSENT: Carey, Sher MOTION: Mayor Norton Loved, seconded Beahrs, that the matter of the ordinance on Bingo be continued for a week, and be present again for first reading on January 24. MOTION PASSED: The motion passed with the following vote: AYES: Beahrs, Clay, Eyerly, Norton NOES: Berwald, Comstock, Witherspoon ABSENT: Carey, Sher Mayor Morton asked that the record show that if the Bingo ordinance paases he will follow through on initiation legislation restricting attendance at Bingo games to steers of the host organization and their guests. LNG jumbaup P IC WOWS COMMITTEE Councilmen Berwald announced that the Finance and Public Works Committee meeting would be changed from Tuesday to Wednesday, January 19, PA1 Councilwomen Witherspoon said that the developer of 23 Forest Avenue had offered, in the item that hod been second on the cent calendar, to make in -lieu payments t import the City's low-income housing program instead of providing low-income its as outlined in the Comprehensive Plan. Staff had pointed out during a conversation that the in-lieu 'would go to support the pack program and thus provide more houses that provision of the units would have dote. She observed that its -lieu pmts instead of housing seemed to taint the City's policy of loan -income housing. MOTION: Councilwomen Witherspoon moved, seconded by Comaetock, that t e setter of is -lien its via -e -vie pzovislom of low-income bowleg emits be referred to the abeeins gyration fordear, with them to Teter to C with their comments. 643 -1/17177 1 MOTION PASSED: The motion to refer the matter of in -lieu payments to the Housing Corporation passed on a unanimous vote, Counciimembers Carey and Sher absent, Councilman Beahrs having left. OW, Cf1Ii2IC[►TIQ11S None. MOTION: Vice Mayor Clay moved that Council be adjourned in respect to the awry of George "Pat/0 Carey, who had earned wide respect for his many civic contributions to the area during his seventy-five years of life. The motion passed unanimously. ATT T: City Cler!j APPROVE: 644 1/17/77 Regular Meeting January 24, 1977 III ITEM Minutes of December 20, 1976 --corrections 646 Oral Communications 646 Consent Csiesndtt—Action Items Relocation Assistance —Webster 31ock Power Property 654 Fire Department Personnel Compensation Plan 654 Silva Avenue/Silva Court --Assessment District, aei*rage 656 Architectural Review Shard Design Awards 656 l u en Relations Commisaion Appointments 656 Downtown Park North; Colorado Substations: P&PS( recommendations re City-osneJ property 657 Ordinance regulating Bingo gazes conducted by charitable organisations Proposal to examine building C-cdo with attention to its rural/urban application 662 663 Latter of BarronPerot Association 664 Adjournment to l eettat3ve Session 665 Adjournment 663 643 1/24/77