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HomeMy WebLinkAbout1977-02-07 City Council Summary MinutesCITY COUNCIL MINUTES Regular Meeting February 7, 1977 Approval of Minutes of January 3, 1977 Approval of Minutes of January 17, 1977 Oral Communications Consent Calendar - Referral Items integrated North County Drug Abuse Report Organizational Priorities and Problems Consent Calendar - Action Items Resolution Requesting Board of Supervisors to Permit Registrar of Voters to Assist City Clerk re General Municipal Election 250 Forest. Avenue, Change of Zoning Classification from M -1--S, M -1 -S -C and 2--S-C to P -C Subject to Conditions and Changing Fire Zone 625, 645, 651 University Avenue, Change of Zoning Classification from R -3-P to 1'-C, and Amending Existing P -C at 656 Lytton Avenue Ordinance Permitting and Regulating Bingo Games Amendment to Agreement- Sale of Sewage Sludge Incinerator Ash Award of C utract: Lagoon Mitigation Project Retirement of Marcelo A. Balitort Retirement of Cornelius "Pat" Lenifan Retirement of Robert G. Keith Retirement of Philip L. Ray Williamson Act Contracts - Public Hearing Miranda Avenue Improvements Executive Session Public Hearing: University Avenue Parking Assessment District Eminent Domain Proceedings, Project 75-73 CITY or PALO 'LTO PAGE 6 6 7 6 6 7 6 6 7 6 6 8 6 6 8 6 6 8 6 6 9 6 6 9 6 6 9 6 6 9 6 6 9 6 7 0 6 7 0 6 7 0 6 7 1 6 7 1 6 7 3 5 7 6 6 7 6 North County Communications Joint Exercise cf Powers Agreeaent with Mountain View; Funding Agreement between Santa Clara County, Mountarin View end Palo Alto; Budget Ordinance 6 9 3 Intergovernmental Council Ordinance Drafting Committee 6 9 4 Ad j ourt n t 6 9 4 666 2/7/77 February 7, 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: Beahra, Berwald, C1sy, Comstock, Eyerly, Norton, Sher, Witherspoon ABSFNT: Carey APPROVAL OF MINUTES OF JANUARY 3. 397? K yor Norton asked that the final sentence in paragraph 3 read "He, Corrected himself, had for some time supported new reserve sources, such as See pg. 730 a tax on selected utilities to maintain servi+:ea that made Palo Alto a good place to live." M)TION: Mayor Norton moved, seconded by feahra, that the minutes of January 3, 1977, be approved as corrected. The motion passed unanimously, Councilman Carey absent. APPROVAL OF MINUTES OF JANUARY 17 1977 Councilwoman Witherspoon asked that in the second paragraph from the bottoms the last three lines read: "...and thus provide more housing than provision of the units would have done. She observed that in -lieu payments inatsad•of housing seemed coneisteat with the City's policy of lover -income housing." MOTION: Councilman Beabrs gyred, seconded by Norton, that the minutes of January 17, 1977, be approved as corrected. The motion passed unanimous/y, Councilman Carey absent. ORAL COMMUNICATIONS 1. Barbara C. Helck, 4380 Silva Court, praised the work of Mark Harris of the- Utilities Department, whose organization of the Silva Court/Silva Avenue sewerage project had been so thorough none of the residents bad made any written or oral protests —an event virtually without precedent, she had been given to understand. She continued with praise for the enthusiastic support of Councilmembers for their City, particularly John Berwald, who had appeared before groups of Silva Court/ Silva Avenue residents, explaining how annexation could be achieved. She expressed pleasure for herself and other residents that she had had a good first experience in being involved with Council affairs, which had led to the area having been annexed. 2. Ms. M. Washington, P. O. Box 230, Menlo Park, spoke of a time tem years back when the City of Palo Alto had evicted her as tenant of 936 Middlefield for non-payment of rent, an act which she considered a violation of en agreement between her and the City which was, she said, contained in the document viAch she quoted. M*. Washington concluded that saying that the point of 667 2!7/77 her talk was that the City said they were owed rent for a house that was not in condition yet, since the City was going to make compensation for the other e1milarl.y sturdy houses in that block, she felt that Me. Washington deserved' the same consideration. She said that finding a place to live had been very difficult since her rent record showed that she had been evicted by the City of Palo Alto. CONSENT CALENDAR - REFERRAL ITEMS INTEGRATED NORTH COUNTY DRUG .ABUSE REPORT (0 :112: ? ) r rrraorw.rw.w..r.r'.0 Irn r — — Staff recommends referral to Policy and Procedures Committee. ORGANIZATIONAL PRIORITIES AND PROBLEM (CMR:141: 2 ) .�111��T✓• I�-.e1.PR�i1111���r1 W.�.t�1��N-BMA1-. -_ Staff requests the Policy and Procedures Committee to give pre -budget review of time allocations of staff on specific administrative matters. MOTION: Councilman 8eahrs moved, seconded by Sher, that the matters of the Iutegrated North County Drug Abuse report and Organizational Priorities and Problems be referred to the Policy and Procedures Committee. The motion passed unanimously, Councilman Carey absent. Fire Mayor Clay, speaking as Chairman of the Policy and Procedures Committee, noted that both items would be taken up the next evening. .CONSENT CALENDAR -- ACTION ITEMS Mayor Norton asked if Counc i 1membei a were ready to vote on the Action items on the Consent Calendar. Councilwoman Witherspoon asked that her vote on Item 6 regarding regulations on Bingo Game be recorded as "no." Councilman Berweld waked that his vote an Item 6 be recorded as "nits" and also that Item 8, regarding California Avenue off-street parking,, be removed so that it could be discussed along with Item 16 relating to a report from the Finance and Public Works Committee. The following itema remained to be voted on the Consent Calendar: RESOLUTION l BOARD. OF SUPERVIS CITY CLERK RE GENERAL MUNICIPAL ELECTION RESOLUTION 5337 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO REQUESTING THE BOARD OF SUPERVISORS OF THS COUNTY OF SANTA CLAM TO PERMIT THE REGISTRAR OF VOTERS TO ASSIST THE CITY CLERK IN THE CONDUCT OF THE GENERAL ELECTION TO BE HELD 00 MAY 10, 1977." 668 2/7/77 250 rolipsT AVENUE CHANGE OF ZONING CLASSIFICATION FROM M -1-S M -1 -S -C, AND C -2 -S -C TO P -C ,SUBJECT TO CONDITIONS AND CHANGING FIRE ZONE ORDINANCE 2967 entitled "ORDINANCE OF THE COUNCIL OF TEL CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF E PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY KNOWN AS 250 FOREST AVENUE me m -1-s, M -1 -S -C MW C -2 -S -C to P -C, SUBJECT TO CONDITIONS, AND CHANGING THE FIRE ZONE." (First reading January 17, 1977) 625 645 651 UNIVERSITY AVENUE E OF ZONING CLASSIFICATION _ ..lM -C o ORDINANCE 2968 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CAGE TEE ZONING CLASSIFICATION OF CERIA1N 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." (First reading January 17, 1977) ORDINANCE PERMITTING AND REGULATING TrAMG. ORDINANCE 2969 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 4.51 TO THE PALO ALTO MUNICIPAL CODE REGULATING BINGO GANES CONDUCTED BY CHARITABLE ORGANIZATIONS." (First reading January 24, 1977) AST TO AGREEMENT - SALE OF SEWAGE sS INCCIN�E�tATOk AZ - Agreement 3745 (0.:128:7) Staff recommends that Council approve, by motion action, the following amendment: AMENDMENT TO AGE - SALE OF SEWAGE ASH World Resources Company AWARD OF CONTRACT: LAGOON MITIGATION PROJECT . (CMR:134:7) Staff recommends that Council I) find that the project has a negative environmental impact; 2) approve the appropriation of $25,000 from the Refute Utility Fund - System Improvement Subprogram; 3) award a construction contraitr to Power Anderson, Incorperate4, of 2271 Charleston Road, Mountain Vieiw, California, for $127,000; and 4) approve for first reading the attached Park Improvement Ordinance. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR THE CONSTRUCTION OF A LAGOON MITIGATION PROJECT IN BUMF PARK AND THE CITY-OWHHD M'LLAKDS (AKA JOHN FLKTCHER MARE RECREATION RBA) 669 2/7/77 MOTION: Councilman Beahrs moved, seconded by Witherspoon, that the Consent Calendar be approved, with Councilmembers Berwald and Witherspoon voting "no" on Item 6 concerning Bingo regulation, MOTION PASSED: The motion to approve the Consent Calendar passed on a unanimous vote, Councilman Carey absent. RETIREMENT OF MARCELO A. BALITAN (Clm:150:7) MOTION: Mayor Norton introduced the following resolution and moved, seconded by Comstock, its adoption: • RESOLUTION 5338 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO MARCELO A. BALITON UPON HIS RETIREM :f." Charles Walker, Assistant City Manager, said that Mr. Baliton was a native of the Philippines; he had come to work with the City Parks Crew in 1960. ?4r. Baliton's landscaping abilities were to be seen in the painstaking care he had taken at the Newell Avenue library site. Among many other projects he had participated in keeping the City beautiful. MOTION PASSED: The motion passed on a unanimous vote, Councilman Carey absent. RETIREMENT OF CORNELIUS "PAT" [.i:'V_� IHAN (CMR:149 : 7) MOTION: Councilman Comstock introduced the following resolution and seconded by Beria4d moved its adoption: RESOLUTION 5339 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO COR= IUS "PAT" LVOIHAN UPON HIS RETIREMENT." Charles Walker said that Fat Lenihan had retired from the Parks Department after twenty -mine years with the City. He had begun in 1943 work'og Saturdays for the Light and Power Division before becoming a permanent employee with the Parka Division. It was noteworthy that be bad peen the practice of chemical spraying formerly used by the City, reduced by 35 percent within the past thirteen years. NOTiON PASSED; The motion paaaead on a unanimous vote, Councilmen Carey absent. RETIREMENTOF ROSSRT G. IEMTR (C :148:7) MOTION; Councilman Comstock introduced the following resolution and moved seconded by Clay, its adoption: RESOLUTION 5340 entitled "Rzsournos OF THE coqicit OF THE CITY OF FALO ALTO R RESS/NG APPRECIATION TO ROBERT KEITH UPON HISRETIREMENT." 670 2/7/77 Charles Walker said that Officer Robert Keith chose a disability retirement from the Police Department after fifteen years of service because of several job -related medical conditions. He had served in all units of the Police Department, and also as training supervisor for six months. He has expressed some interest in entering into a real estate career upon his retireaev` MOTION PASSED: The motion passed on a unanimous vote, Councilman Carey absent. RETIREMENT OF PHILIP L. FAY, (0 :147:7) MOTION: Councilman Berwald introduced the following resolution and seconded by Eyerly moved its adoption: RESOLUTION 5341 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO PHIL RAY UPON HIS RET IREMENT . i6 Charles Walker said that Phil had joined the Police Department in 1948, and had been assigned to the Inspector's Division as sergeant in 1953. He became a Teas Manager in the Uniform Division in 1970. His most recent assignment had been Watch Commander for the Field Services Division. In his retirement years he would be able to spend more time as a member of the San Mateo County Horseman's Association. MOTION PASSED: The motion passed on a unanimous vote, Councilman Carey absent. Counci.lean Servald commented on the high degree of dedication shown by twenty-nine years of service in the case of Mr. Leniban, whom he bad known only slightly. He also recalled the strife of some years back when the police department had borne the brunt of various acts of civil disobedience then rife in the City, and he commended Phil Ray's good work of tboee days. WILLIANSCW ACT CONTRACTS - PUBLIC 3E (CKR:146:7) Mayor Norton explained that when property owners applied to enter into the Land Conservation contracts with the City under the Williamson Act they agreed to restrict the use of their property to agricultural, or comparable, ewes, for ten years. The contract, unless it is cancelled by either party, is renewable automatically for another ten years, After a contract has been signed the +ovty Assessor reappraisss the property into its new ties, vhicb usually results in a considerable reduction of its aeseesed value and therefore concomitant reduction in taxes. The State Resources Department, to help local jurisdictions for the resultant tax loss, pain subvention funds based on the acreage involved and the category of the land. Three hundred and forty-five acres in Palo Alto era now under the Williamson Act. The eight property owners have received from 4 percent to 97 percent reduction in property taxes after signing contracts. The average reduction is 47 percent. The three applications before Council tonight were from Mr. and Mrs. Richard Geiger, Mrs. Ina Dahl, s property vas under option by Mr. Harry Ain►*,, who was therefor* a party to the contract, and Mr. and Mrs. levrence Bressler. b 7 Ti 2/7/77 1 Staff, continued Major Norton, recommended that Council approve all three contracts, adding that under the new State guidelines for implementation of California Environmental Quality Act (CEQA) (Section 15117) the establishment of agricultural preserves is categorically exempt from environmental assessment. He declared the public hearing open, and asked if anyone wished to speak on the matter. Receiving no answer, he inquired if City Clerk Ann Tanner had received any written protests. She replied in the negative, and added that the public hearing had been publicly advertised, as required. Mayor Norton then declared the public hearing closed. Councilwoman Witherspoon clarified that nothing in the contract with the Dahl property prevented Me. Aine or the Daahla from subdividing the property, and that the minimal ecreage parcels would be ten or more acres. City Attorney moth replied afiirmativeiy to both points. Councilwoman Witherepocn asked if Palo Alto was unique in permitting property to be subdivided once is was under contract. City Attorney Booth replied that Palo Alto operated with the standard Williamson Act form, adding that any part of the parcel which was used for residence would then lose its Williamson Act statue. MOTION: Councilwoman Witherspoon introduced the following resolution and, seconded by Comstock, moped its ad:7,ption: RESOLUTION 5342 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO A.LIO AND AUTHORIZING THE EXECUTION OF A LAND CONSERVATION CONTRACT (INA R. D. HL - PAGE MILL ROAD) Charles Walker, Assistant City Manager, asked that the record show that 1) the application signed by both Mr. Anse and Mrs. Dahl showed the present woe of the land as being „row crop" which Mrs. Dalai had aeked be changed oe the application, and 2) the application to in error for it does not have A check spark for "single family dwelling." Mayor Norton said these changes would be incorporated in the resolution before Council for approval. MOTION PASSED: The motion to adopt the resolution passed on a unanimous vote, Councilman Carey absent. MOTION: Councilman Beattie introduced the following resolution and reoved, seconded by Comstock, its adoption: RESOLUTION 5343 entitled "RESOLUTION OF THE COIL. OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY or PALO ALTO AND AUTHORIZING THE EXECUTION OF A LAND CONSERVATION CONTRACT (LAWRENCE AND JACQUELINE BRESSLER -- ARASTRADERO ROAD) MOTION PASSED: The motion to adopt the resolution passed on a unanimous vote, Councilman Casey abeeet. fa 7 2 2/7/77 MOTION: Vice Mayor Clay introduced the following resolution and moved seconded by Beahre, its adoption: RESOLUTION 5344 entitled "RESOLUTION OP THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING THE EXECUTION OF A LAND CONSERVATION CONTRACT (RICHARD G. AND BARBARA A. GEIGER PAGE MILL ROAD) Councilman Conaatcck observed that this and the Dahl property were so located as to be an ideal use for the application of the Williamson Act. MOTION PASSED: The motion to adopt the resolution passed on a unanimous vote, Councilman Carey absent. M. DEL E tUE, UEPROVP.MI? NTS (CHR:143 : 7 ) Mayor.Norton observed that the item regarding University Avenue Parking would be quite time consuming and he suggested that Council deal with -Item 18 on Hiraada Avenue Improvements. MOTION: Mayor Norton moved, seconded by Beahrs, that Item. 18 on the matter of Miranda Avenue improvements be moved forward. MOTION PASSED: The motion passed unanimously, Councilman Carey absent. Maayor Norton observed that concurrent with passage of the notion he had received a number of slips indicating members of the a dieace who wanted to speak ou the Miranda Avenue matter. He suggested that they hear from staff first. Charles Walker, Assistant City Manager, recalled that people fiom Miranda (Green appeared before Council to report that the Alta Mesa Cemetery Association had begun construction oat a cyclone fence which created a 20 -foot roadway. In their rinds the twenty feet were inadequate for twoewaay traffic as well as foot and bicycle traffic, and they asked the City to intervene and stop the construction of the fence by Alta Mese. Since that meeting (January 24, 1977) staff had been directly involved with representatives fro's the cemetery and the Miranda Aver area. As a result df that intervention by the City the cemetery stopped construction as the fence. The City is pureuing 'nays and suns of asteblirhing a standard 24 -foot roaadvay. and also to establish a 10 -foot bicycle/walkway, separated from the roadway, but adjacaxat to. Mr. Walker said staff expected to have a more complete report for Council in about 30 days, and they hed agendized the matter for that time. Hs said he was making the report on progrees so far to see if Council had any reaction to the direction staff was now going. Councilman Bestirs *eked how long ago the homes had been built. Arthur Reschke of the Public Works Department said the homes were twenty to thirty years cld. Councilman Slier asked if the understanding nding that Alta Maaa Cemetery Association and the MirandaAvenue residents had reached with the City's help had included any discussion of financing. 673 2/7/77 Mr. Walker answered that financing had been discussed, with the City indicating that the costs would be borne by residents in an assessment district. The residents objected to that, feeling that the City should pay the costs of acquiring the land from the cemetery and the resurfacing. Councilman Comstock said that he thought that the amount of costs to be borne by residents, if all or some, was yet to be clarified, yet he thought it would be wise for staff to start preparation of an assessment district. He said he thought the main function of the City at the present was to facilitate the resolution of the matter between the Cemetery and the residents, with a forum to follow working out means of payment. Mayor Norton said that adding to Councilman Comstock's eomments he had been told that staff would send a progress report to all of the fifty homeowners a few days before the matter next came up on the agenda-. Mayor Norton said a motion would be made for a joint referral, to both staff and the Finance and Public Works Committee. A detailed hearing for residents was to be held in the Finance and Public Works Committee so that when the matter returned to Council for action there would be no further delay. Councilman Berwald said that the way to find about the total cost of the land was to proceed with an assessment disttict, thereby helping both residents and Council in their decision -making. i)ora Nielson, 850 Miranda Green, said that he and a number of other residents would be glad to shorten their presentations and they in turn asked that Council maintain an "open and flexible viewpoint" toward points not fully addressed in the staff report. He said residents would like to have a voice in how the improvements were made; how much compensation, and even the possibility of no compensation, should be sine to the cemetery. He said residents' safety concerns had beer► allayed by the City's assurance that a 30 -foot right -of -Cray was adequate. The appearance of the roadway was important, he said, so that it would not be "...like a tunnel,19 and also be noted there were aeceases'to the cemetery other than the one being discussed. He said Allan H. Reid would speak about "who owned what when, and when it Was transferred, and bew, and the use to which the land has 'man put." He asked forbearance on the part of Couueil also for the matter of esthetics, to be briefly discussed by Margaret Straka. Mayor Norton said that H , Rid had made an th-depth analysis of the Miranda Avenue natter by letter which he theeght would be helpful to staff. Allan H. Reid, 880 Miranda Green, said he had some additional data Mach he would send to staff to go along with his letter of January 29, and he would ask staff to include it in the Councils ere' packete. He summed up that the roadway in question had been a public road since 1880 --accompanying data would go to the staff. Margaret Straka, 377 Moans Court, asked if any Counci1.wsmebers had ever visited the site. Receiving no affirmative she continued, saying she had a series of photograph's which suede it clear, in her opinion, that there was a safety hazard created by the construction of the fence which had been underway. She read a pasaaga from the Palo Alto Comprehensive Plan: uUrban.design is concerned with bow the City looks and fetal; ---it is a ssnrory relationship between 6 . - 4 2/7/17 people and their en-ironment. Most of the major visual elements are fixed, and there is little opportunity to make decisions that affect the urban design character of a large segment of Palo Alto; still, if these decisions are to be made wisely, Palo Altana must be wade keenly aware of the City's urban design character and what, 11 +anything, threatens that character." She continued: "Results must be considered when design decisions are made. Will the decision strengthen effectively the character of the neighborhood or cause it to lose its separate identity?" Going on, she read, "It is primarily from the streets that any City is seen and its form perceived,...vhe sense of entering is important to any community identity." She said the corridor created by the cyclone fence enclosure was very ugly --an eyesore compounding that of Foothill Expressway. She asked that esthetics not be sacrificed to utility, for Miranda Avenue was "...actually a very lovely area of Palo Alto." Frank Olson, 4309 Miranda Avenue, said he agreed with Councilmembers that talk of methods of financing was inappropriate at that particular meeting yet there was feeling that staff's view of the method of financing was the only point with which Miranda Avenue residents disagreed: the residents thought the land dedication could, and should, be at no cost, for through use of that passageway for a number of years the public bad acquired prescriptive rights. He said the residents had given the City a 40 -foot setback without c pensation, and to have to also buy land from the Cemetery Association seemed like double payment to him. Staff said that the street had no general benefit to the City, for it was a local unimproved street. Mr. Olson disagreed. Ile said a convalescent hose was on the street, and it had recently planned for expansion. He asked that Council direct staff to include consideration of the points he had just raised. Mr. Nielson asked that a .letter from William P. Rutledge, 854 Miranda Green, be included in the record and Mayor Norton agreed. MOTION: Mayor Norton moved, seconded by Comstock, that the matter of Miranda Avenue improvements be referred jointly to staff and the Firante acid Public Works Committee; that it be agendized in about four weeks, and that one week before the Finance and Public Work* Committee meeting each resident be advised of the meeting and receive a copy of the staff report so that each resident could respond in depth at the Committee seeing. Councilman Star asked that the notion also instruct staff to include in their considerations the points raised by residents that evening. Councilman 3xahre added that those speakers who had unique ideas an the matter "communicate to the Assistant City Manager in writing to feacilitstee staff discussions," in order to expedite consideration. of the problem. Mayor Norton emphasized the importance of notifying the residents in vrlting about one wrack in advance of the Finance and Public Works Committee sweating. MOTiON PASSED; The notion passed on a unanimous vote, Councilman Carey absent. Councilmaa M vaWd addressed the Miranda Avenue residents to tell theme of the item on the Intergoveremental 'roil otter. to be discussed eoon that evening, and remarked that some of them night stab to speak oa ft as well 675 2/1/7/ EXECUTIVE .� iii*! Council adjourned from 8:45 to 9:10 p.m. to Executive Session. Councilman Carey arrived 9:15 p -m. PUBLIC HEARING: UNIVERSITY AVENUE PARKING ASSESSMENT DISTRICT EMINENT DOMAIN PROCEEDINGS Pr'a1ect t5- 3 CKR:13 :7 Councilman Carey announced that he would not participate in oz vote on this matter. Mayor Norton said that the hearing that evening concerned the adoption of a prcposed resolutions determining that the public interest and necessity require the acquisition of certain lands by the exercise of the power of Eminent Domain. On January 18, 1917, a grit ter, notice was duly given pursuant to the provisions of Section 1745,235 of the Code of Civil Procedure cf the State of California, to all persona whose property is proposed to be acquired by Eminent Domain and whose name and address appeared on the last Equalized. County Assessment Roll and to all other holders of liens, leaseholds or other interests in said property at their respective addresses as they appear on he last Equalized County Assessrre::t Roll or as known to the Clerk. Any interested perso:* who has filed a written request to ;tie heard with the City C1erk, on or before February 2, 1977, has the right to be heard and gilen full coneideratfon by this Council on the following matters, to wit: (a) Whether the public interest and necessity require the f'niveesity Avenue Area Offetreet Parking assessment District, Project No. 75-63; (b) Whether said project is planes or located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) Whether the property sought to be acquired is necessary for said project. Any interested pareon desiring to be heard should orally state his nand and address and should identify his or her ownership interest in the reel property proposed to be acquired. Mayor Norton declared the hearing open. He asked staff to give the tactual background that led to the public hearing. James Hudak, City Treasurer, reported that in the fall of 1915 Downtown Palo Alto Incorporated approached the staff to begin proceedings to purchase some property for additional parking is the Downtown areas, That fact bad been noted, be said, in the 1975-80 Capital Improvement Program; since then five Council Meeting, and one Pinasv:as and Public Works Committees meeting and two Planning Commission meetings bed haw hold ;,n thi topic. A parking study by Deleeuw, Caber in 1968 had shorn that 1415 additional spaces were needed within the University Avenue Assessment District. Changes subeegwut to the adoption of the Comprehensive Plan lad to revising that 1415 figure downward to about 700, with a projected need for spaces up to 2500 by 1990. 6 7 6 2/7/77 Within the Assessment District which the proposed parking lots would fill there was a deficiency of about 300 spaces, Mr. Hudak continued, and the parcels proposed preserved existing parking in the Downtown area. Were the parcels not acquired the deficiency theo, would grow by 300. Since the Bryant Street parking had no structures requiring demolition it was the most reasonable acquisition. On the Lytton property, the buildings not only needed repair but also had no residential tenants. The daytime tenants would be provided relocation assistance according to State law, known as the Braithwaite Act. While property owners had expressed willingness to sell, their asking price had been considerably above the appraised values, and that had led to the Eminent Domain proceedings. Acquisition of the properties on the Lytton location made possible good access and an economical parking layout. Councilman Comstock asked to see a transparency if one were available. Mr. Hudak said he would put up the only available transparency, that of the assessment district, A blueprint of the apec..fic properties was displayed on the will near the agenda, Councilman Sher referred to some questions raised by a February 3 letter from Mr. Borock about 424 Lytton Avenue, Mr. Borock said that the statexrent that the house was vacant at the time of an environmental impact statement of July 9, 1976 was incorrect. He asked Mr. Hudak what the situation was at the time of making the Environmental Impact Assessment (EIA). Mr. Hudak replied that three field surveys in July, 1976, had shown the house at 424 Lytton to be vacant. He said there were no residential tenants except for one on Kipling, which was not being discussed that evening, and that resident had agreed to sign an option and therefore E;ainent Domain proceedings were not needed. Councilman Sher asked if the owner of 424 Lytton was willing to sell and if the dispute arose only in relation to the amount of compensation, Mr. Hudak replied in the affirmative. Councilman Sher confirmed that 424 Lytton itaslf was not needed in order to have access. Mr. Hudak answered that in the opinion of the staff 424 Lytton was needed for safe access. Without it too many left turns were necessary. Councilman Sher thau asked if the actual space taken by the 424 Lytton property would provide space for eight cars. Hr. Hudak replied in the negative, saying that without the improved access the space provided by 424 Lytton would give, more road would have to be given for cars to maneuver, and so about 15 spaces would he taken without the 424 Lytton property. Councilman Sher asked if the total coat would be $791,000.00, which would include property acquisition site work, incidental legal fees, architects, and the like, which would result in 1.36 parking spaces. Mr. Hudak replied affirmatively. Councilman Sher calculated that it would cost about $5280.00 per parking space. 677 2/3/77 Mr. Jerry Lynch, Attorney of the firm Wilson, -Jones, Morton 6 Lynch was called on to explain the purpose of the proceedlrge and what Council wSs expected to do upon completion of the public hearings. He said that the public hearing was a result of the change in the Eminent Domain law, effective January 1, 1977, swaying that a public agency had to give a written notice to the owners of the properties as shown on the last equalized assessment roll, and the owners had 15 days' notice in which to request a hearing. Notices to owners had been sent out on January 18, 1977, by the City, he ackn,wiedged, and also to lienholeers and tenants which names had been brought to the attention of the City Clerk since they were not listed on the last equalised aseeasnent roll. The issues before the Council that evening were tb determine: a) Whether the public interest and necessity require the University Avenue Area ©ffstteet Parking Assessment District, Project No. 75-63; b) whether said project is planned or located in the manner that will be ,moat compatible with the greatest public god and least private injury; and c) whether the property sought to be acquired is necessary for said project. In the event the Council decides to adopt the resolution being discussed, Mr. Lynch continued, a two-thirds vote would be required, in this case of a nine -pesos; Council, six votes. If the scope of the project were cut down, another notice and public hearing would be required, he said Mayor Norton asked it any owner had requested a hearing. Assistant City Manager Waller repied in the negative, and that notices had been sent on January 18, 1977. Ceuncfican Sher ascertair.ed that the peening of "...changes in the scope of the project" would relate to changes in the boundaries of the aasess:ent district as well as boundaries of the physical property to be a_quired. Mi. Lynch replied that he did not know if the assessment district boundaries would change if the boundaries of the property to be acquired changed, but that another mailing of notices and a public hearing would have to take place should "the scope of the project" be changed, Joyce Israel, 435 University Avenue, said that fifteen years ago when they had leased their property the City had assured them there would be additional parking in that area; within the years since 1927 the 'steels had had to move twice in order to obtain more parking- She said the area was in weed of it. Louise Raskin, 234 College Avenue, said that "public interest" would require not the destruction of, but the preservation of 424 Lytton, for it was a vitally needed comity resource to retain Palo Alto's vitality which came from its diversity. That vitality could be fostered by the Community which provided opportunities for dialogue,and eliminating the building at 424 Lytton would foreclose opportunities for dialogue. Joyce M. Karst, 7a8 Homer A eenuo, noted the paradox in that the City could not "afford" $23,000 for the Junior Museum programs, but would spend "an incredible amount of coney" to destroy something incredibly beautiful. Robert Tiemar n, 201 Middlefield, spoke for tb.e Palo Alto Food conapiracg, one of the tents of the 424 Lytton house, used for ope of its two weekly gathering places --the other meeting 678 2/7/77 each week taking place outdoors at the Addison School. Most of the Food Conspiracy members lived in Palo Alto and were low - to moderate -income people euch as graduate students, teachers and the like. The Food Conspiracy provided opportunities to meet new people and give a feeling of community. Sines the Food Conspiracy had no paid personnel coctinuity was afforded by meeting in the same place. Members would feel the loss of its meeting place very keenly. Marilyn Michel, 921 Madduz Drive, said that the elimination of 424 Lytton Avenue disturbed her as another attempt to "erode" the underlying feeling of Palo Alto. She referred to the Palo Alto Environmental Impact report of July, 1974, appendix 2 on page 87, "identification of Critical Factors --04" which summarized the responses of people to that Impact Report..."Many value a strong sense of identity with Palo Alto asa community with common interests which they believe exist..." and she continued saying the proposed resolution was a threat to that sense of identity. She felt the Council plan was as unimaginative and flat as the proposed parking lot. She alluded to another section of the Comprehensive Plan which said that though many decried the use of the automobile no imaginative and real alternative yet existed, She urged Council to continue the search for an imaginative solution to the problem of increasing use of the automobile, not to install yet an,)ther parking lot. Louis H. Ostrach, Eighth Avenue, said that the desired goal of the City Manager should be reduction of automobile traffic. He said he observed plenty of on -street parking at "any time of day," and at a municipal lot beneath the Bank of America the facility was never full. Helen Hildreth, 365 Arden Road, Menlo Park, spas of being connected with the Peace Center located at 424 Lytton for over eleven years. She regretted that they had rot bought the place. At first they had started as Concerned Citizens, trying to stop the "immoral, illegal war in Vietnam" and that they ware still working for universal disarmament and unconditional amnesty. She said that though no one had been there when the City visited it, six groups occupied the pine, and they questioned if the City would find them a comparable place. She asked why the big lot et Lytton and Wsveriey wasn't used for a parking lot rather than "that ugly unneeded 7-11 store and a laundromet." She questioned the City's right to exercise Eminent Domain. ahhs asked for a ahoyof hands of those who had come that evening to protest the action. Bill Evers, 391 College Avenue, said he was a member of the Libertarian Party. The exercise of Eminent Domain was a vestige of feudalism, unsuitable for Palo Alto in these times. He summed up that exercise from the time of William the Conqueror, uhen all land was held to the king, "overlord" as fundamental landlord in that society; the king granted a piece of land to subordinates who had sustained him in military ventures; those subordinates in turn granted use of land to their eubordinatas, as fir down as serfs. During the 1.640e and the English civil war that feudal system had broken down --society began to rely on freehold tenure where owners had absolute right to use and exchange of their property Present-day owners were heirs of that revolutionary change. rile Roweling Fathers of the United States were strong supporters of private property. He quoted from George Nathan of Virginia of colonial days the words which supported his statements. Weever, a vestige of government as ultimate landlord use the Eminent Domain concept . , which, hs said, was still often used by 679 2/7/77 "...bureaucrats and businessmen," for self-aggrandizement, and exercise of power. That night's action, were it completed, would give University Avenue merchants a competitive advantage over Stenf'ord Shopping Center and Town and Country Village, for example --ironic, perhaps, since he was trying to defend the U.S.—China organization in the name of private property, yet, he added, "People were entitled to their rights whatever their beliefs." He referred to recent actions where the rights of lifestyle concerning prostftutiou, communal living, and alternate lifestyle over "The Land" had been curtailed. He outlined the possibility of government holding all property on which meetings could be held, printing presses be operated or other protests take place, where political freedom would be impossible. He vent back to the setter of the disparity between the price offered by the City and the price asked by the owner, and compared it with an imaginary situation where he might be asked the price of a feeily heirloom; when asked the price he might say "I really don't want to sell, but I'll sell it for a million dollars." The prospective purchaser would then say, if analagous to Eminent Domsin, "Well, I'll take it from you, and here's a dime for your trouble." He said that could also accurately be called stealing. He urged members bers rf the City Council to ".encourage the fail of feudalism and not appropriate the site of the Peace Center." Mayor Norton said "I feel constrained to point out...that the Federal and State Governments may exercise Eminent Domain provided the owner be paid just compensation, further, that the determination of just compensation' is made by a jury, if the owner so desires, so that it is not as if anyone were stealing anything, as far as I can aeo-a.3' William Cane, Sib Webster, reported that the Palo Alto Tenants' Association once again found itself in the position of opposing demolition of buildings in the Downtown area, which building provided much needed services to low-income people. He said that the public good was served more by PATU than by a perking lot. He held that the public good from a parking lot was questionable. Christy Cannon, 301 Bryant Avenue, represented the U.S.-China Peoples' Fellowship Assbociatioe, which, she said, served several thousand Palo Alto resident* a year through their programing to promote friendship with China, The convenience of the location helped their organization a great decal. They would find it very difficult to find as good a location and es low rant. Elisabeth Drake, 245 Leland Avenue, spoke as a representative for the Women's International League for Peace and Preedc , head- quartered at 424 Lytton. She emphasised that diversity in beliefa enriched the city; also, the non-profit organizations loused et 424 Lytton host broad national and international interests, not just the perochisl concern with providing a tax -base. She suggested tbit lslo Alto sight consider providing a meeting place for those organisations. She emphasised the desirability of searching for alternatives to the automobile in the interests of ecology. Bill Croelius, 3155 Al.., agreed vitb all the statements opposing the demolition of 424 Lytton, adding that he did enjoy shopping in Downtown Palo Alto, and he shared the added parking resource be bad found under the City Hall. 680 217177 Corrected See pg. 730 Harrianne Mills, 1918 Cooley Avenue, was a member of the rood Conspiracy, and she said that she was a newcomer to Palo Alto and impressed with all the advantages here, among them the paintings on the buildings and the bike paths. She pointed out the advantage offered by the Food Conspiracy, where one could spend one's time, instead of money to get food. She said she used public transportation and 424 Lytton was well served by public transportation. She invited Courcilmembers and audience to join PATU Food Conspiracy, which priced food at wbolaaaie plus 5 percent. Daily Honig, 1436 College Avenue, spoke as a somber of the U.S. China Friendship Organization. She said that in contrast to San Francisco, Palo ,moo had no problem in availability of perking. She said the central location of 424 Lytton was particularly good for she was a student at Stanford. That encouraged her and others to participate is such organizations. Gail Uershatter, 135 Coleridge Street, wag a member of the U.S. China Freindship Organization. The location, she said led to interest on the part of :embers and friends, and the location provided much --needed continuity; a change would damage that continuity severely. Don Porteous, 344 O'Connor Street, was a member of the U.S.-China Friendship Association. He said that the organization was a continuation of interest in China arising from the vi3it of the ping pong team and ex. -President Nixon's trip to China. He said the organization helped to continue the dialog between China and the U.S. He felt that was significant for the future of the world, And world peace, for the Chinese people were alone: one-fourth of the world's population. He questioned "tine absolute necessity'; of having the area provided by 424 Lytton for a parking lot: 14r. Hudak, City Treasurer, said that the area was necessary for it provided safer entrance from Lytton as opposed to the less safe and narrower access from Kipling. Whitney Lane, 865 Partridge Avenue, Menlo Park, said she was a member of the Food Conspiracy. She objected to the establishment of another parking lot for it promoted the use of automobiles. Nicki Ann Newby, 3155 Alma Street, spoke as a member of the Tenants' Help Committee. She said they had provided free counseling for tenants for the past three years --the only source of advice between San Francisco and San Jose. The association provided a service frequently recommended by referral agencies, with over 3000 tenants seeking advice annually. Sixty percent of those seeking advice were from Palo Alto, She said that low budget funds would wake it difficult to fined another downtown office at comparable rent. F.leeine K. Stonestrs, 2339 Santa Catalina, spoke toward "self-interest and ... honest government." She said that thanks to groups such 'es those housed at 424 Lytton she vas a member of the Palo Alto community, for she and her husband had chosen to remain in this area because of the opportunities provided for by such organizations. She said that stores were not unique in Palo Alto, but such organisations drew people who used the Palo Alto stores. She said that vbat was needed was bike parking area. She said if the parking need was going to be so large in 1980 some serious effort, rather than this smell acquisition, should be mode to fill that need, not small piecemeal efforts such as the one propc sed that evening. 6 8 1 2/7/77 John H. Chin, 394 Pajero Avenue, Sunnyvale, said he belonged to the U.S.-China Friendship Association. He urged that the building be used for people, and not knocked down for cars. Douglas Ma.tteru, 2671 South Court, was "distressed" to learn that the City Council "would even eutertain the proposal to transform the property at 424 Lyttou Avenue into a parking lot, for the building had become a symbol like a "citadel correcting the ills of this society or those that have been perpetrated by it." He gave the history of his participation, from antiwar activities in 1965 to the arms race of the present day, and he stressed that the Center at 424 disseminated "the truth." He listed organizations which had used the Center, and said he thought the City of Palo Alto should buy the property and turn it into an historical landmark. Paul Garrett, 3e827 Corina Way, spoke of the disadvantage of following so many fine speakers. He alluded to the "many acts of conscience that have emanated from that small building at 424 Lytton,;" and he urged Council "to consider it in that light also," Robert Cane, 636 Webster, wanted to "voice some suspicions and concerns on this parking lot versus people." She said she was suspicious about the procedures, since none of the tenants had been "warned" by the City, "or anyone else," and also that a piece of property behind 424 Lytton on Kipling had been bought by a local realtor, in April or May of 1976. She suspected eight perking lots replacing six tenants at 424 Lytton; the statements that Palo Alto made concerning low-cost housing, with so little actually being done. She asked the City to buy vacant lots, and not to take available housing. Joyce Mcskureitr, 407 Eighth Avenue, said she was a member of the Food Conspiracy, said there was adequate parking, and also thst the underground parking beneath the Bank of America could be used. She said the Food Conspiracy could not find equal housing downtown. Bill 2o11ore, 623 Mirada, said he was a fourth -year medical student at Stanford, and a member of the Food Conspiracy. He agreed with other speakers and emphasized the importance of the financial help available frog the Food Conspiracy. Herb Borock, Box 11572, said he wrote the Grapevlee Newspaper. He had written the City three times about the 424 Lytton seizure by Eminent Domain. He said three forces were at work: 1) Did the uaceasitty conform to the spirit of the environmental impact report (be felt it did not) end also he que etioned the lack of notice given tenants; 2) cost —the figure, issued by the City did not sake a ease for "necessity"; 3) "Mr. Alma pockets" on his purchase of the prpperty at Kipling—raising the question of business ua4 versus alternative community use. Be added that his inquiry into muti.ci.pal code indicated that an additional meeting would be required, in the matter of Eminent Domain, if property epee; added, not eliminated, and he cited Section 13.08.030e in substantiation. He said the Environmental Impact Report had suggested 40 parking spaces in the first place, asking a glaring disparity between the engineer's report ea 'wilted that evening, and the 81.8.. The 3t1H, he went on, only mentioned 440 Lytton as being necessary, saying oaly about Downtown Palo Alto Incorporated had praised that the properties be puccheaaeed, end in early 1976 H r . Ames, then visitor who owned the lot et 420 Kipling, purcbaaaeaod the property at 412 Kipling for less than market value, which would price it at 841,000, whereas Hr. Ames purchased it for 836,000, end after that the City Council 6 8 2. 2/7/77 directed tho Staff to take steps to acquire the property. According to the amount allocated by staff for the purchase of land, Mr. Amee would receive 85 percent profit on his purchase, if the allocation of the budgeted amount were prorated by lot. Staff also increased the number of parking spaces from its initial 40, to 55, while proposing that the number of spaces on Bryant and Florence be increased frt'm 93 to 85, "conveniently the number of spaces taken up by 424 Lytton." The result was that 412 and 420 Kipling were now a single parcel, so it is "practically forded" that they be purchased together; second, the cost figures hid two facts, he said. The parking spaces was significantly higher in cost on Kipling and Lytton than referred to in the gnvironmental .Impact Assessment; also the higher appraisal value, compared to Byron -Florence, yields a "very high profit to a person who apparently had inside knowledge of this project and meanwhile the City staff is saying 'we have to institute Eminent Domiin proceedings against propertyholders who are unwilling to take a lower rate of return than soi eosne else who is guaranteed a high rate of return.'" The legal situation, in a court of civil procedure, in Section 1240.150, is that the City is virtually forced to buy 412 with 420 now that they are one parcel, for Mr. Pees could say whatever parcel remained was useless; further, he could say that he had an option price, and he could force the City to buy it at that price. He said he was not there to advise the Council, only 1) that "it smells to much", and 2)' whether or not you runt to get involved in taking 424 Lytton as well." He said the whole matter of "in the public interest" had to be decided. He said an appraisal of each individual parcel should be made, send then the option prices should be compared to the appraisal prices. The glib had said only one of the properties was occupied, and the figure of $24,500 included in the budget had no details of breakdown by the three parcels, which were undifferautiated. He felt the City had to provide documents prior to January 13, 1977, showing that it offered a reasonable price to the owner of 424 and 440 Lytton. The staff had said tho over of 424 refused a reasonable price. Mr. Borock said he had talked to the owner, who had said the City had only offered an option, which the owner had refused, and no specific price had been offered. hiM. He asked what the option price was and how it compared to the appraisal price. He said the best guess would be one resulting in about the same Sins es those connected to the purchases of 420 Kipling by Not. Ash. He said there were costa that were much higher than monetary etar'y costs connected with the Eminent Domain proceeding. June dies, 3231 Ramona, said that the concept of Eminent D mein posed a serious threat to civil liberties. Eminent Domain had been used at an earlier time in Deatrborn, fichigsn, to block a private integrated housing project, when Dearborn "...suddenly felt the need for a pew park, although a bond issue to support just such a project wee defeated only the previous year." In the stating that very evening it had beet.- iz plied that a taking, with just compensation, was somehow right. She drew the irony of the City of Palo Alto finding that correct in the light of the recent Araastra land suit. "Just because something is in the Constitution doesn't she it right," she said, for the Constitution bed, at ane time, supported slavery. She said that underlined the o1d legal maxim that one should never be a judge in one's own case, and, she continued, both government eM individuals should hews the same standard of justice. She deplored the Government calling slavery "conscription," and a sounder "police acUo&" or *Incursion." 653 2/7/77 Doris Jones, 318 Pope Street, Menlo Park, said she decided to speak when she decided that most of the speakers were using unpersuasive arguments. She said she came to Palo Alto, as did many others, because of the Peace Center and other activities housed in the building. She said she had had no problems parking in Downtown Palo Alto, for she parked in front of the Peace Center. She said the Center brought much business to Palo Alto. As a taxpayer in Palo Alto she objected to paying to pave any more of the City. John Hancock, 3439 Janice Way, said that though, he was'uo longer associated with the Peace Center): in the hierarchy of values he rated world peace higher than parking lots. He urged the Council "to go slow" when spending a lot of money and using Eminent Domain for the use of parking lots." Mary Pat ©'Connell, 459 Ruthven, questioned the need for 100 more parking spaces at this time. James Hudak, City Treasurer, said that the report had evolved during the drawing up of the Comprehensive Plan toward dealing with transportation issues in Palo Alto. Only the Civic Center hal available spaces for rent, he said, and for the other lots there was a waiting list of over 200 people for rental spaceu. M. O'Connell said that since she lived so close to Downtovn she would have thought some parking, if it were needed so badly, would take place in her area, and yet that available and close - in parking space was not used. Anita Hagopian, 521. Everett, said she vas a resident of the Lytton area in questiou. She found the projected need for parking "totally senseless." She said ehe felt that hers and the Council's positions should be reversed, and they should be pleading with her to obtain parking. She said that she preferred the Peace Center in her neighborhood more than a parking lot. Roger Smith, 1920 Cooley, said that those who supported the activitiesr at 424 Lytton also spent a significant amount of money on University Avenue while attending functions at the Peace Center. Jeri Lee, member of the Palo Alto Tenants' Union, said that the high cost of providing parking would be paid by residents without their conaeat and at detriment to their environment, "All of our cities have been Los-angelized," she stated. She read a atatesaeet citing the billions *pent to subsidize the automobile industry, and the relatively all amounts going turd masa transit. Just one of the $5700.04 parking space allotments could finance any one of the six organisations housed in 424 Lytton -- the money shouli go to enhance, not degrade, the quality of life. She said the counterculture bad become s significant part of our culture --oho felt it would be "tragic" to replace "this fins old tau** with a new and disgraceful parking lot." NOTION: Councilman 1leahrs moved, seconded by Eyerly, that the public hearing be cloasmd. NOTION PASSED: The motion to close the public hearing on Saift Domain passed unanimously, Councilmen Carey abstaining. 684 2/7/71 C- Councilman Sher asked City Attorney Booth and Attorney Lynch about the ,eropriety of changing the boundaries of the project, whether or not further action would be required or if they could go ahead on the assessment district. He referred to the code section cited by a member of the audience. Jerry Lynch, bond couneel, said he had talked to Kan Jones before he came that evening, who had indicated that if the City cut down on the Eminent Domain acquisitions that for the type of bond to be issued,that is, Series G, based on Assessed Value, there would have to be another notice and hearing. Councilman Sher asked what time would be involved in a repetition of notice and hearing. James Hudak, City Treasurer, said that the normal time between resolution of intention and public hearing was 30 days. Staff time to prepare the papers would increase the time to six or eight weeks. Councilman Sher ,said that one of the speakers had aaid the owner maintained he had received no cash offer. He asked for some elaboration. Charles Dougherty, City property management, said that the owner of the property involved had been made an offer, and stated that he did sot wish to sell the property. There followed a discussion of what other properties in the area had sold for, and the general conclusion had been that the owner was not satisfied with the offered price. Councilman Sher assured hinaelf that this was the owner of 424 Lytton, and not owners of other properties. Hr. Doughterty responded of f i rmsti ely. lir. Doughterty said that the owner had given aim a price he w`zuld find acceptable, for an option --not a sale price. Councilman Sher referred to the statement that only 440 Lytton was given as necessary by an Environmental impact Report. He asked to have that ERA checked. He asked how close to the center of the block the entrance could be placed if 424 Lytton were excluded. Janes Hudak said that the ELA aaid "Demolition or removal of the three substandard bowies at 424 and 440 Lytton and 412 Kipling would change the appearance of the corner...the three lots at the corner of Lytton and Kipling have been included in the proposal for traffic flow and safety reasons...becauee of the narrow width of Kipling Street access to Lytton fro the 420 Kipling parcel is desirable." Councilman Sher coafiraed that no mention of the desirability of 424 Lytton was included. Mr. Hudak replied affirmatively. A discussion of the mep of the area followed, with the statement by Mr. Hudak that the nap had been drawn, a year before Council approval. Councilman Sher said he rejected *U the con spirraty theories aired that evening, and be amid he +noted the scatter to be judged from the standpoint of what was for tbe public Good ---he 414 not want staff to think he implied they were doing otherwise. Hs affirmed that the two parcels an Lytton bad no option to buy, and that only 420 and 424 Lytton were subject to the proposed finest Domain proceeding. Be 1 A 685 2/1/77 asked about relative costs, comparing the cost of the Kipling property to what was offered at 420 and 440 Lytton. He asked if the option terms offered by the City took into account that there were improvements on the property. He wanted to know if parity was developed among the parcels to be acquired. Mr. Dougherty replied that the appraisal was made and the offers based upon independent appraisals. Councilman Beahrs asked if the only entrance on the lot was to be on Lytton. Mr. Hudak replied that there would be an entrance/exit on both Lytton end Kipling. Councilman Beahrs asked the width of Kipling, and the allowable turning circle in that area, He questioned that the Lytton entrance was needed for safe entrance/exit to the lot. Mr. Hudak replied that the width of Kipling was narrow, about 50 feet. Councilman Eyerly said he envied the protesters their enthusiasm, which it..:almoat lobbied us into next week's meeting," He responded to a few of the points thot had been raised. an assessment district, not the general taxpayer, paid for almost all such improvements as the proposed parking lots; the underground below the Bank of America is privately owned, and is not a free parking lot; easy access to parking facilities would tend toward reduction of air pollution and associated ilia --stores in the Kipling area selling paint, typewriters, and the like needed handy parking for customers; putting public parking lots farther out In the residential area was incompatible with the reasons for being in, a car, He adduced that the protest was not against improving parking so muds as preserving the building at 424 Lyttoe. He agreed that much office space was available in the Downtown area, yet it might not be obtainable at such low cost. Addressing other Councilmemberas he said he thought the "old Safeway lot" would serve increased needs for parking for those attending Foothill College extension classes and the soon -to -be -completed Senior Center on Bryant, "With those points; in mind," he said, "Cm going to move that the public interest a End uecaseity requires the acquisition of certain land" and so forth. MOTION: Councilman Eyerly introduced the following resolution and moved, seconded by Beahrs, that Eminent Domain be filed in order to acquire certain lead as required by public intareet and necessity. RESOLUTION entitle! "A RESOLUTION DETERMINING THAT THE PUBLIC INTUEST AND NECESSITY REQUIRE THE AC- QUISITION OF CERTAIN LAND AND DIRECTING TOT FILING OF EMINENT DOMAIN PROCEEDINGS," Councilman Comstock asked Mx, Hudak, City Treasurer, whet the probable length of time might be from acquisition of the lend to beginning construction. Mr. Hudak replied that if the City Bought an order of immediate possession it would etart matters rolling right away, but it would also tequirs outlay of money from the General Fund, which the City did not want to do. Funds from the bond issue would be available in March, he said; it a court trial were started it would tike from six to eight months, then commencing design work and so on, the total t lase takes mi jht be as mach . as a year. Construction work had tentatively been planned for .Tune or July of 1977, should "... everytheiog go smoothly." 6 8 b 2/7/77 Councilman Comstock asked about the feasibility of the City having a "phased development," in which the City acquired the property in phase 1, and then, in pa:rhaps up to as long as five years hence, the City began phase 2 with construction going according to planned design. Were that both legally and financially possible, Councilman Comstock said, it could be an option. Mr. Hudak replied that in an earlier and similar case relating to California Avenue the bond counsel had said the City had the obligation to proceed with reasonable speed to complete the work. Mt. Hudak said that certainly the City could take some time, but he doubted if it could be as long as four or five years. Jerry Lynch, attorney for Wilson, Jones, Morton and Lynch, said that he thought the law said that the property could be acquired by eminent domain and then up to seven years was allowable before the property was put to public use. He said he was unable at the moment to find the section which so stated. Councilman Comstock assumed then that "within some limits we could exercise a phased development in total conversion of the property to its ultimate use." Mx. Lynch agreed, qualifying that he did not know hew the Assessment District would affect the property for financing. Councilman Comstock asked if Mr. Dougherty had ever made a specific offer to the owner of 424 Lytton ---something at their price. Mr. Dougherty said the purchase price was discussed and an offer was made. Councilman Comstock said he understood the amount of the offer was not high enough to suit the owner. Mr. Dougherty said that was correct. He added that he was not authorized to exceed time appraisal value in making an offer. Councilman Comstock said that the entire focus of the meeting seems to be around 424 Lytton. He recalled that since his first year as councilmen in 1963 he had become increasingly aware that in affluent Palo Alto available parking seemed arrays, inadequate. He predicted parking would be deficient until gasoline went up to $5.00 a gallon or something equally catastrophic. He affirmed that the validity of the organisations that used 424 Lytton vas not in dispute and he stag that he thought the value of the project and the needs of the district would be substentially served if the project could be approved without the inclusion of the 424 Lytton parcel, though leaving the parcel out was somewhat awkward from the physic standpoint of the layout of the parking lot. AHENEMENT: Councilman Comstockmoved, seconded by Sher, that the property at 424 Lytton be excluded from the proposed development and that whatever steps are needed to accommodate the change be takes in aubeequent hearings.. Councilmen Sher spoke in support of the amendment pointing out that historically the City had gone slowly on Eminent Donate proceedings. He recalled such proceedings tu rd construction of the tennis courts in R.inconaade Park where the resident had wanted to stay, wilich had resulted in the City permitting one house to remain and building around it. Somewhat the same had been the cane in work with Hoover Park. La the case of 424 Lytton, the owner had mode clear he did not wish to *ell the property for a see which be coseidered to be less significant than the use to which it was put at present. The 667 2/7/77 Environmental Lapact A sessment had not stated that both parcels were absolutely necessary in order to give access to Lytton, but the Assessment said that the two Lytton parcels and the one on Kipling had been included for traffic flow and safety reasons. In the initial discussions, in fact, Councilman Sher said, the 424 Lytton parcel had not even been included. Balancing the eight parking spaces obtainable by using Eminent Domain against the "cost" led him to conclude that the 424 Lytton parcel should be excluded from the parking lot project, Councilman Beahrs opposed the amendment for he "...was persuaded that the safe and efficient use of this parking lot requires the acquisition of 424 Lytton." He said thirty-three people had been heard, but there were 55,000 people in the community whose needs had to be considered. He said he did not think bonding companies had "any great interest i.0 accommodating any local political issues," and an ,Assessment District would finance the project...only the credit of the City was to be used, not its dollars. While many of the arguments had been interesting nany had been "...emotional and simplistic to the nth degree." Many City residents were unhappy with the City tax situation, and much revenue was derived from the sales tax --the genera/ economic climate had to be enhanced for merchants who contributed a substantial tax income to the City. Councilman Eyerly emphesixed that not housing but office space was being talked about in relaticn to 424 Lytton, Also, Klpli.ng's narrowness required that iegtess/egress be located on lytten. AMENDMENT FAILS: The amendment to exclude 424 Lytton from the proposed parking lot development failed on the following vote: AYES: Sher, Comstock NOES: Beahrs, BerwaId, Clay, Eyerly, Norton, Witherspoon ABSTAIN: Carey Councilman Comstock movedf seconded by Sher that subsequent to acquisition of the property at Kipliisgg/Lytton that the staff prepare a procedure wherein the property et 424 Lytton could be leased back to the present tenants for en appropriate period of time and that the development of the parking facility be accomplished in a phased manner to accommodate that arrangement. Councilman Comstock explained that ba used no specific time licit in response to earlier comments by the bond counsel. The time leper his agent would make possible would mitigate the results of some of the adjustments required by the transition. Mayor Norton asked if the intent of the amendment was to slog up the development of the project. Councilmen Comstock said that ultimately the project would, with his amendment, be as sown on the map, but that the amendment would permit the available spat, to be used for perking in the meantime, SU1STITUTE AMENDMENT: Mayor Norton moved, seconded by Eyettly, that the 424 Lytton property be. cleared At 60 late a date as possible without bolding up in any manner the progress of the subject. 688 2/7/77 Mayor Norton explained that while his motion had the same content as Councilman Comstock's, it was more clear. Councilman Comstock asked staff to comment on differences they might see in the two proposed amendments. Charles Walker said there was Force, sixilarity but in Councilman Comstock's lotion staff would be directed to proceed with the rest of the project leaving 424 Lytton in place as long as possible; Mayor Norton's proposed amendment implied that 424 Lytton would be left in place only so long as it did not delay the balance of the project. Mayor Norton made clear that hie proposed amendment meant only the structure on 424 Lytton, not the acquisition of the property itself. Councilman B..ahrs asked City Attorney Booth if, since it appeared some of the people who spoke used the house at 424 Lytton as a habitation from time to time, there would be relocation costs. Mr. Booth said that some relocation costs would most likely be payable whether or not people lived there, or had a business or non-profit organizetioa there. He said the amounts would depend on who was going to be relocated= Councilman Beahrs said he thought the City of Palo Alto had no obligation whatsoever to protect the financial situation of any political activists. Councilman Sher asked Councilman Comstock if he saw differences between his and Mayor Norton's amendments. Councilman Comstock said that he understood that Mayor Norton's notion to ascend would mean the property was going to be purchased, then construction on the parking lot Would begin and when it was substantially completed the house at 424 Lytton would he moved. He himself saw hie own proposed amendment as meaning the building of the parking lot would go to a certain point then be discontinued, end at some Later point the 424 property Would be cleared and the parking lot would be completed. He said a couple of years' difference in time of completion of the parking was the distinction between the amendments. SUBSTITUTE AMENDMENT PASSED: The substitute amendment to proceed with the construction of the parking lot and clear the 424 Lytton property at es late a date as possible carried with the following vote; AYES: Beahrs,- Cley, Norton, Witherspoon, Berwaid, Eyerly NOES: Sher, Comstock ABSTAIN: Carey Councilman Berweld said he had not voted to.delete 424 Lytton because he thought it was arbitrary in asking that 424 be eliminated but leave 440 Lytton," which he thought impaired the safety of the lot. He said he supported Downtown parking. Ho mated that though the Florence Street lot was narrow tb se lobo parked tyre sewed to menage. Re viewed Lytton as a street providing a transition from rssidemtiel to business, and be opposed hiving parking lots fronting on Lytton. Be thought the parking provided without 424 6$9 2/7/77 1 1 1 and 440 would be adequate. He said the Eminent Domain was to be put into practice to "substantially" improve the parking. He said he felt that to serve "...the Public Interest and Necessity" mentioned in the resolution neither lot was needed, and to include them might be against public interest. AMENDMENT: Councilman Berwald moved, seconded by Sher, that the acquisition of 424 and 440 Lytton Avenue lots be deleted from the proposed parking plan. Councilman Eyerly asked staff what was across from the properties in discussion. Mr. Dougherty said the property across the street vas zoned commercial, that any houses there were used for offices. Councilman Eyerly asked if Florence had perking on both sides of the street. Mr. Dougherty said he thought Florence and Kipling were the same width, and that Kipling had two-way traffic and parking on both sides of the street. He was not sure about Florence. AMENDMENT FAILED: The amendment that the acquisition of 424 and 440 Lytton properties be deleted from the proposed parking plan failed on the following vote: AYES: Sher, Comstock, Per -weld NOES: Eeahre, Clay, Eyerly, Norton, Witherspoon ABSTAIN: Carey Coun.lilman Sher said that the properties under discussion, except for nose on Lytton, were already in parking. He said he too regretted making further conceasiions to the automobile, yet, also under consideration was the construction of a parking ram for downtown, all in spite of such considerations as shuttle busses from outlying areas, and the like. He said that be had concluded the parking was needed, and six votes were needed to eetabiieh Eminent Domain. The voting appeared deadlocked at 5-3, ar;d he voiced his misgivings about that. MAIN NOTION FAILED: Tbe motion to adopt the resolution that Eminent Domain be filed in order to acquire the subject properties (and requiring two thirds vote of Council) failed on the following vote: AYES: Beabrs, Clay, Norton, Witherspoon, Ey►.rly NOES: Sher, Comstock, Berwald ABSTALN; Carey Cori cilmen Sher, after determining that his vote had been on the prevat1ing side, asked if he could move Eminent Domain without including 424 Lytton. City Attorney Booth said the swain motion had to be reconsidered "unblemished" first; ten the aotion would be in order. LION TO RECONSIDER: Councilman Sher moved, seconded by Comstock, that the a aiu motion be reconsidered. 690 2/7/77 MOTION PASSED: The motion to reconsider passed on the following vote: AYES: She:, Norton, Eyerly, Comstock, Witherspoon NOES: Beahrs, Clay, Berwald ABSTAIN: Carey MOTION: Councilman Sher introduced the following, resolution and moved, seconded by Eyerly that the resolution be adopted with the exception of 424 Lytton as one of the acquisitions. RESOLUTION entitled "A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE AC- QUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS." Councilman Berwald said his own amendment had put the matter before Council of excepting both 424 and 440 Lytton from acquisition, which he thought was the best thing to do. He said he would vote against the motion now on the floor, because in so doing Council was compromising on one piece of property but not the other. He said he supposed he would have to rote against the Assessment District and Downtown Parking when he voted against this motion, which he did not want to do, for he was in favor of the last two matters. His opposition wa,s based on a wish for good design and good planning, which meant the two lots on Lytton be excluded. He asked that his reasons be reflected in the record. )tayor Norton asked that the record show Councilman Berwald's reasons. Councilman Eyerly said that ais thought in seconding the motion was to move the matter forward. He said that he thought both properties should be taken, but since Council only supported excepting 424 Lytton, he would support the present motion, with the idea that perhaps in the future the organizations in 424 Lytton might want new quarters. Councilman Sher said that unless it was shown that access to the lot could be provided without 440 Lytton, he would vote for the present motion to exclude only 424 Lytton. Councilman Beahra predicted that if this notion passed the owner of 424 Lytton would find his property so isolated he would be asking the City to buy the property in a few years. Councilwoman Witherspoon said that with the proposal that the project be so carved up as to be practically infeasible, she found herself unable to get "into the spirit of compromise." She suggested thet the City proceed to construct the 'old Safeway lots and then Council could take ep the } reae►ot discuosion again at a future time. She objected to trying to have the access on Kipling. Councilman Comstock summed up that the motion before Council was the original resolution with the exclusion of 424 Lytton. AMENDMENT: Councilman Comstock moved, seconded by Berwald, that 440 Lytton also be excluded in consideration of establishing the parking lot. AMENDMENT FAILED: The motion that 440 Lytton as well as 424 Lytton be excluded failed on the following vote: 691 2/7/77 AYES: Sher, Norton, Berwald, Comstock NOES: Beahrs, Clay, Witherspoon, Eyerly ABSTAIN: Carey MAIN MOTION FAILED: The main motion that the resolution be adopted with the exclusion of 424 Lytton failed on the following vote: AYES: Sher, Norton, Comstock, Eyerly NOES: Beahrs, Clay, Witherspoon, Berwald ABSTAIN: Carey MOTION TO RECONSIDER: Councilman Berwald moved, seconded by Eyerly that Council reconsider the main motion. Mayor Norton asked Councilman Berwald to disclose what his motion was intended to bring about. Councilman Berwald said that he would move that 440 and 424 be eliminated from consideration with the expectation that there would be six votes in favor. MOTION TO RECONSIDER PASSED: The motion to reconsider passed on the following vote: AYES: Sher, Beahrs, Comstock, Berwald, Eyerly, Norton NOES: Clay, Witherspoon ABSTAIN: Carey MOTION: Councilman Berwald introduced the following r.saolution and moved, seconded by Eyerly that the project be approved with the deletion of 424 and 440 Lytton: A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS MOTION FAILED: The motion that the project be approved with the deletion of 424 and 4413 Lytton failed on the following vote: AYES: Sher, Norton, Comstock, Berweld, Eyerly NOES: Beahrs, Clay, Witherspoon ABSTAIN: Carey MOTION TO RECONSIDER: Councilman Cc stock moved, seconded by Berwald, that the matter be reconsidered. Councilman Comstock explained that he intended to offer the project exclusive of the Lytton/Kipling parcels. In that way, he said, the other parking lot construction could go forward. He confirmed with staff that action by Council was needed so that matters could go forward with the Bryant Avenue perking lot. NOTION TO RECONSIDER PASSES.: AYES: 8ereald, Comstock, Eysrl.y, Norton, Sher, Witherspoon WOES: Beahrs , Clay ABSTAI E : Carey 6 9 2 2/7/77 MOTION: Councilman Comstock introduced the following resolution and moved, seconded by Norton, that the resolution be adopted with the deletion of the Lytton/Kipling parcels, but with the inclusion of the alternative transportation studies and other items recommended by staff: RESOLUTION NO. 5345 entitled "A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS" Councilman Berwald asked what the motion might do to the possible reconsideration of the Lytton/Kipling matter ---did it have to be re- agendizedi Assistant City Manager Walker said that notices would have to be reissued, and so on. Re noted that the prime consideration of the people who wanted the additional parking was that the feasibility study be made and the Safeway lot acquired, so some progress had been made. Mayor Norton paraphrased the motion, as being intended to include everything but the parking lot at the corner of Lytton and Kipling. MOTION PASSED: The motion that the resolution and other related staff reccfmmendations be adopted, but with the deletion of the Lytton/ Kipling parcel d, passed on' the following vote: AYES: Sher, Norton, Witherspoon, Comstock, Berwald, Eyerly NOES: Beahrs, Clay ABSTAIN; Carey MOTION: Councilman Eyerly moved, seconded by Clay, that the matter of joint exercise of powers be brought forward on the calendar. The notion passed on a unanimous vote. NORTH COUNTY COMMUNICATIONS —JOINT EXERCI A14 BUDGET AIar ORDINANCE MOTION: Councilman Berwald, as chairmen for the Finance and Public Works Committee, introduced the following agreements and budget ordinance and moved their adoption as recommended by the Committee: JOINT EXERCISE OF PARS AGREEMENT FOR A CONSOLIDATED COMMUNICATIONS SYSTEM IA THE NORTEEIN PORTION OF THE COUNTY OF SAWLA CLARA AGREEMENT TO PROVIDE FOR A CONSOLIDATED EMERGENCY WHMUNICATIONS SYSTEM IN THE NORTHERN PORTION OF THE COUNTY OF SANTA CLARA ORDINANCE 2970 entitled "ORDDRANCZ OF THE COUNCIL OF THE C TY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1976.1977 TO PROVIDE FOR COORDINATED EMERGENCY COMMUNICATIONS SERVICES" 6 9 3 2/7/77 Councilman Berwald said that the staff deserved a great deal of credit for the savings this agreement and the Stanford agreement would bring to the City in the amount of about $5.9 million. Clayton Brown, Director, Budget and Staff Services, said that about four years of effort had gone into the achievement of these agreements. Service for the two communities would be improved and also considerable money would be saved. Mayor Norton commended the staff also. MOTION PASSED: The motion to approve the two agreements and the ordinance amending the 1976-1977 budget passed on a unanimous vote. 1 w VER1 srautlll i V V 1{..i ORDINANCE DRAFTING cceisarrim Mayor Norton told Mrs. Ellen Wyman, member of the intergovernmental Council Ordinance Drafting Committee, that at the Inter -City Council on February 3, 1977, action had been taken to ask the Board of Super- visors to postpone their final decision until after that date, and that this matter would be on next week's Council agenda under the adjourned meeting of this date. ADJCUB? mil` MOTION: Councilman Comstock moved, seconded by Eyerly, that Council adjourn until Monday, February 14, at 7:33 p.m. Mayor Norton noted that on February 14 the matter of parking at California Avenue would be taken up, followed by discussions of the Intergovernmental Council Ordinance Committee and Methods of Eel oting for Council Appointees. MOTION PASSED: The action to adjourn to 7:30 p.m. on February 14 passed unanimously, and Council adjourned at 12:10 a.m. ATTEST: APPROVE: City C1ar C I Mayor 694 3/7/77