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HomeMy WebLinkAbout1976-09-20 City Council Summary MinutesCITY COUNCIL MINUTES ITEM Minutes of August 23, 1976 Oral Communications Consent Calendar -r Action Items Regular Meeting Saptaber 20, 1976 230-280 Ventura Avenue, Application for Condominium Subdivision Map, Creative Environments 4232 Manuela Avenue, Application for Subdivision Map, John R. Weakland 3565 Mid'lefield Road, Tentative Subdivision Map, Church of Jesus Christ of Latter Day Saints AEAG-iTC Saute Clara Valley Corridor Evaluation: Proposed Issues for Evaluation PAGE 2 4 3 2 4 3 2 4 3 2 4 3 2 4 4 2 4 4 2 4 8 New Fees -- Animal Services Division 2 4 9 Projects Proposed for the Federal Public Works Employment Act of 1976 2 5 3 Oral Communications 2 5 6 Adjournment to Executive Session 2 5 6 Adjournment 2 5 6 264 9/20/76 September 20, 1976 The City Council of the City of Palo Alto melon this date at 7:30 p.m. in a regular meeting with Mayor Norton presiding. PRESENT: Beahre, Bereald, Carey, Comstock, Norton ABSENT: Eyerly, Clay, Witherspoon, Sher MIN T�.r� r.�1'ES .rw.�OFrr AtTGUS T 23 s le` MOTION: Councilman Beahra moved, seconded by Norton, to approve the minutes of August 23, 1976, as submitted. The motion passed unanimously, 5.0. ORAL COMMUNICATIONS 1. Hal Hudson, 535 Everett Avenue, spoke as president of the Palo Alto Housing Corporation. He announced that PAHC had cleared its first hurdle with the California Housing Finance Agency. The loan com- mittee of the agency has approved PAHC's application for the Webster Wood project, subject to agreement on further modifications, to be discussed with design officers. Later in the month the project will go to the full Board, and Mr. Hudson voiced cautious optimism. 2, Frank Manfredi, 219 Addison Avenue, commended Palo Ito Times reporter Jay Thorwaldson for his article on the last Council meeting. Mr. Manfredi felt that the drug issue was an invalid issue during the last Palo Alto Council. member election. He asserted that drug .abuse as an issue was merely a cloak for big business interests. € ONSENT CHAR - ACTION ITEMS Councilman Comstock asked that Item 3 concerning 3865 Middlefield Road be removed from the Consent Calendar. The following items re*ained for consideration under the Consent Calendar: 230-280 VENTURA AVENUE, ' PION FOR CONDOMINIUM SUBDIVISION H The Planning Commission, by unanimous action, finding no significant nt environmental impact, recommends approval of the application of Creative Environments for a Tentative Condominium Subdivision tap (16 units) for property located at 230-280 Ventura Avenue, Zone District R-5. 265 9/20/76' 4232 MANUELA AVENUE APPLICATION FOR SUBDIVISION MAP JOHNH . k ANA The Planning Commission, by unanimous ection, finding no significant environmental impact, recommends approval of the application of John H. Weakland for a Tentative Subdivision Map (6 lots) for property located at 4232 M*nuea Avenue, Zone Districts R -E and R -1 -•R -20-A, subject to con- ditions referred to in the Planning Department staff report of August 20, 1976. RESOLUTION NO. 5255 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING A TENTATIVE MAP FOR CERTAIN PROPERTY KNOWN AS 4232 4ANDELA AVENUE AND GRANTING EXCEPTIONS SUBJECT TO CONDITIONS . " MOTION: Mayor Norton, seconded by Beaters, that Items 1 and 2 on the Consent Calendar be approved/adopted. The notion passed on a unanimous vote. 3865 MIDDLEFIELD ROAD TENTATIVE SUBDIVISION MAP CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS Councilman Comstock spoke of the application of the Church of Jesus Christ of Latter Day Saints; for a tentative subdivision rap at 3565 Middlefield Road. He asked what provision the Planning Commission had made to insure adequacy of drainage from the the parking lot after heavy rain. Apropos of that, Councilman Comstock asked if adjacent homesitee would run the risk of being flooded by this parking lot runoff. Naphtali Knox, Direct of Planning and Community Environment, replied that those questions were now before the Architectural Review Board, The church has been advised that surface drainage will not be sufficient, and en underground drainage system must be provided. Mr. Knox assumed that the underground system would go into the mina, although he did not know exactly where they were. Re assumed that the property's closeness to adjacent residences had been attended to, since a cross section of all such Layouts was now required to be submitted along with applications. Councilman Comstock spoke of avoiding "...a forty -foot light standard" in the church parking lot that would light up neighboring back yards. Mr. Knox replied that the Architectural Review Board had specifically requested maximum height of sixteen feet with hooded lights to avoid spillage. He said he would cbeck on closeness of the parking lot to adjacent residences. Councilman Comstock confirmed that the Planning Commission had adopted a procedure that resolved such aforementioned matters. Councilman Bsahra asked Mr. Knox if staff, under existing ordinances, has authority to control those point*, independent of the Planning Commission or other 'caning, that is, would Mr. Knox, as a staff member, have the authority and right to police the problem. Mr. Knox replied that drainage was handled by the Public Works Department, who brought this particular matter to the attention of the Architectural Revise Board, showing the need for underground storm drains, It is not the staff that approves or disap►prov e0 --however, but the Review Board, The Board approves from five to seven hundred applications each year; and only a fors of the application cars to the attention .of the Council, Ono a Board decision is eppeeled. -_ 2 6 6 9/20/76 Councilman Berwald expressed concern that the proposed four inch pre -cast wall, which will separate adjacent residences from the church parking lot, has proven ineffective in the past as a noise insulator. }e spoke of the buffer zones and inter -transitional zones to be required under the pro- posed Compreheneive Plan. It was his feeling that a more effective well, which provided as much insulation as possible against noise, exhaust eniesions, heat radiated from the parking lot in the summer, and th' like, should be designed. Re inquired if the Council's action that evening would be considered tacit approval of building and grounds design. Mr. Knox replied that Council's action would be only to approve the sub- divieion of eight lots. The drawings Council had in hand were provided only to show roughly how the church would proceed when it came to the building stage. Approval by the Architectural Review Board of the land- scaping was still pending. Mx. Knox said he would bring Councilman Berwsld'e concern to the ARD's attention. Councilman Berwald stated that his vote tonight did not mean tacit approval of the building plans; further, his approval would be withheld if the wall were not changed. He questioned whether or not Council would see the plans again. Hr. Knox said the zoning was R -1 -B-8. The use permit to the church was granted December 17, 1975, contingent upon approval by the Architectural Review Board and maeetiag the requirements of the Water District. Ndsreally, , the only way thematter would come before the Council again would be under an appeal. Councilman Berwald asked if the Council could turn down, the subdivision plans on the basis that the Council had no authority to approve any part of the building plans. Robert K. Booth, City Attorney, responded negatively. Councilman Berwald spoke of his misgivings about approving the subdivision without having any assurance his recommendation about the well would be heeded. Mr. Knox said that trees, earth mounds and plantings provided aesthetics but that noise buffering could be afforded only with a solid well, and thee the t!atckness of the wall was less important ' than time - porosity' of the wall: He said he'vould give his attention to this, along with the eleva- tion to provide storm drainage. Councilman Berwald asked the Planning Director if the distance between cars end the wells of the perking lot would be an effective noise and exhaust emission reducer. Mr. Knox replied that Mr. Shelly, the city's Environmental Specialist, had said that most of the noise of traffic came from tires and gear boxes, and so a low wall was quite effective in reducing that. So called comma sense about a high wail being more effective, and actual fact that a lo., wall was as affective as a high wail, were contradictory; and many arguments resulted about noise walla. He added that the closer the smalls wars to the traffic the more affective they were. Councilman Berveld affirmed his continuing concern for residents in nearby homes not having their leisure time intruded on by other people when foresight on the part of Council could forestall that. Councilman Carey asked if it were not correct that in order to approve the tentative subdivision, a determination had to be made that there was no significant environmental impact. Mr. Booth said this was correct. 2 d 7 9/20/76 • • r. r-- «-_,. Councilman Carey thought Council could conclude there was no eignifleant environmental impact, but with conditions that adequate .noise' reduction measures are taken at the rear of the property; for instance, a sound deadening wall of sufficient thickness, height and texture to reduce the noise from the subject property to adjacent property owners. MOTION: Councilman Csrey introduced tho following resolution and moved its adoption and further moved thet' the Plenning'Coa oisesion recommendation of no significant environmental impact contain the condition of noise mitigation measures. His motion was seconded by Councilman Cometock. RESOLUTION OF TEE COUNCIL OP THE CITY OF PALO ALTO APPROVING THE TENTATIVE SUBDIVISION MAP FOR PROPERTY LOCATED AT 3865 MID! LEFIELD ROAD IN THE CITY OF PALO ALTO AND GRANTING EXCEPTIONS SUBJECT TO CONDITIONS Councilman Carey added that he was in effect sating that in order that there be no environmental impact there roust be a mitigating measure on the part of the developer. If that measure were -not taken, the Council then would find there had been adverse environmental impact, and could not approve. Mayor Norton, clarifying, repeated that Councilman Serwaid felt the property was too close to neighbors, whereas Councilman Carey thought the wall had to meet certain specifications. Councilman Serwald said he would like to stipulate that no automobiles be parked within twenty feet of any adjacent residences and that there be a sound -deadening wall. Councilman Carey asked what effect that would have on parking capacity. Mr. Knox replied that the City Attorney had advised his at the table that since this was a resolution it would be appropriate to add a condition to the list of conditions already in hand at the Planning Co +ission, specifying a more adequate wall. However, he felt that since the church received its Use Permit in December, 1975, the time van too late to specify a twenty -foot buffer. AMA TO MOTION: Councilmen Berwald moved, seconded by Carey, to add a condition that the entire project be moved twenty feet toward Middlefield Road, thereby providing the twenty -foot buffer space at the rear. Councilman Carey asked for reaction from the Planning Commission or Mr. Knox to the twenty -foot stipulation that would require borrowing additional footage. Mr. Knox replied that he could see where the borrowing could be done; but in that area shown on the plan the distance already vas more than twenty feet, and where it vas not the footage could be picked up by shortening the aisle. Councilman Carey said he could not concur in the agent. The building wee 143 feet from the property liter -the back line of parking, about tau feet frooa adjacent property, would probably be used only once or twice a week; and he did not think it would be a problem, He stated he would vote against the ant, and that he would prefer to see the land- scaping in the front. Councilman Comstock asked for staff comment on the letter from Planning staff member, Beta,/ Crowder, which stated that more parking vas being provided than would be needed and that paving the area could be deferred. 26x8 9/2017$ Mr. Knox replied that he did not know if staff was handling that or not. Councilman Comstock said he thought the Council had gotten mired on the point of how to avoid environmental iupact rather than what was required to avoid it. Mr. Knox said that the plan for the tines, and that buffer space of ten places. parking lot has been reworked several feet widened out to more in some Councilman Beaters felt members of the Council were politicking in this talk. MOTION TO CONTINUE: Councilman Beaters moved, seconded by Berwald, that this matter be continued to the next regular meeting so that the applicants who were not present tonight could be heard on their owls behalf. Mayor Norton asked the City Attorney if the timing on continuance was all right. Mr. Booth replied that continuance to a regular meeting within the next thirty days was all tight. Mr. Sipel, City Manager, voiced concern about the full agenda already scheduled for the next regular Council meeting and requested Council to vote at this meeting since this matter would come at the end of the next agenda. Councilman Beaters shared Mr Sipe1'5 concern; but he, in turn, was con- cerned about the Council making changes in plans which had been voted unanimous approval by the Planning Commission. MOTION FAILED: The motion to continue failed on the following vote: AYES: Beahrs, Berwald NOES: Carey, Comstock, Norton ABSENT: Clay, Eyerly, Sher, Witherspoon AMENIMENT FAILED: The motion to provide at least twenty feet of parking failed on the following vote: AYES: Berwald, Comstock NOES: Beaters, Carey, Norton ABSENT: Clay, Eyerly, Sher, Witherspoon AMENDMENT: Councilman Bervald moved, seconded by Comstock, that the developer be encouraged to urge its seers to use interior perking spaces first and when those are filled to allow parking in perimeter spaces, in order to further mitigate the impact on surrounding residences. Councilman Bers said that suggesting in this formal fashiou whet vend already the customary practice in all parking seemed unnecessary, Nr, tooth clarified that Councilman Carey's motion would become Condition NO. 6 to the subdivision'. He said there was difficulty making conditions about setters which had little environmental impact. He suggested that Councilme Serweld's condition could be a condition to the subdivision. MT: The amendment passed on the fob vote: AYES: Barmaid, Comstock, Norton NOSS: Bsabrs, Carey ABSENT; Syararly. Clay, Wither. Sher 2 S ! 9/20/76 • MAIN MOTION AS AMENDED: The main motion as amended failed on the following vote: AYES: Comstock NOES: Beahrs, Berwald, Carey, Norton ABSENT:. Clay, Eyerly, Sher, Witherspoon MOTION TO CONTINUE: Mayor Norton moved, seconded by Comstock, that the vote can the main motive as amended be continued for two weeks to October 4, 1976. MOTION TO CONTINUE PASSED: The motion that the vote on the main motion be continued for two weeks passed by unanimous vote. $ iG-i SJAW!, CIARA V „ 'Y CORtRIDOY EVALUATION: PROPOSED ISSUES FOR EVALUATION Hr. Knox explained that the Santa Clara Valley Corridor Evaluation is a study of the county, initiated by Association of Bay Area Governments (ABAG) and Metropolitan Transit Commission (MTC) The study was initiated in order to identify and evaluate land use and transportation policies of regional significance in this county. ABAG-- TC joint policy committee oversees this study and has scheduled a public meeting to discuss tote study on Tuesday evening, September 28. Staff asks the Council to request that policy committee do three things: (1) Include as ;sues in the Corridor study the implications and effects of local expansion or contraction of employment and population growth rates and the effects of continued development of separated employment and residential areas, whic)t will have profound influence on the kind of transportation Santa Clara Valley will develop; (2) Establish a procedure by which the legislative bodies of each city in Santa Clara County, that is, city councils, and the Board of Supervisors, vial be able to formally review each phase of the Corridor Study; (3) Establish and publicize a regular meeting schedule at a single specific location to facilitate participation by cities and citizens in this important study. MOTION: Councilman Beahremoved, seconded by Carey, that Council approve staff recommendations (1), (2), and (3) as set forth above. Councilman Comstock asked staff how extensively Council had to be involved. Mr. Knox replied that ABAG--M C has conaulted staff at the City of Palo Alto but the involvement is only at the staff level, no direct Council involvement. Councilman Comstock wondered if there might be a couple hundred hours of staff time involved before the hearings finished. Mr. Knox replied negatively. Councilman ilometock wondered if this study might produce a lightreil transit study with a peninsula corridor. Mr. George Zimmerman, an, Principal Planner, replied that would be a separate study. He said throe or four studies are going on in the county at this time, of which this is the most comprehensive; while this study sight offers comment on lightrail, there would be no definite recom- mendation at this title. Councilmen Comstock spoke to his coecsrn *bout finding that, through having supported those studios, Council right discover that it is confronted with a great deal of nem technology as well as a lot of cost. 270 9/20/76 Mr. Zimmerman said :Council . would be reviewing the first phase of a lightrail study in Santa Clara County in the near future. Councilman Berwald suggested that possibly a (4) could be added to the recommendations before Council, proposing an elected representative from North County be added to the Commission. There is justification since the policy committee has only two elected representatives. Mr. ;Knox replied that perhaps even more could be added, but he felt the best thing to do would be to have the Mayor write a letter to the Joint Planning Commission suggesting legislative representation on the Commis- sion. AMENDMENT TO MOTION: Councilman Berweld moved, seconded by Norton, that an additional elected representative from North County be added to the AEAG-4t'tC Santa Clara Valley Corridor Evaluation Policy Committee. The amendment passed unanimously. MOTION PASSED: The motion that Council approv staff recommendations (I), (2) , and (3) , as amended to add (4) , passed unanimously. NEW FEES ANIMAL SERVIOLD STaili MOTION: Councilman 1 eahra moved, seconded by Carey, that Item 6 on the agenda be brought forward at this time. The motion to bring Item 6 forward passed unanimously. Mayor Norton indicated a unanimous vote was needed to pass the proposed ordinance. Councilman Berwald commented that the Finance and Public Works Committee had expressed concern over the Animal Services Division's budget. That concern was indicated in the City Manager's report. Staff then had been directed by the Finance and Public Works Committee to determine methods to reduce the deficit between revenues and expenditures. Any resulting reports were to be returned to the Finance and Public Works Committee for review. Councilman Ber eld felt that as a Councilraember he would therefor not be voting to pass the proposed ordinance tonight, for he felt the public should give its reactions to the Finance and Public Works Committee first. Be knew that public input helped Committee members in their deliberations during budget hearings to make better decisions and recommendations. Be wee prepared to make a motion that the matter be referred to Finance and Public Works Committee for consideration, rather than Council. MOTION: Councilman Bervald moved, seconded by Beahrs, that the matter be referred back to the Finance and Public Works Committee with the under- standing that staff make some changes and the Committee will hear from the public end study the subject before the revised ordinance is returned to the Council for approval. George Sipsl, City Manager, felt that questions raised by the public and Council indicated more time mos ae.dasd for consideration of several sections of the ordinance. Mayor Horton said the only section of the ordinance he favored was that concerning the impound fees for dogs caught in the Foothills and E,iylaands. Be did not want the Committee to waste its time on the ordinance, and he did not rant to males a further referral on it. Be stated he was giving his reasons so that Council bers would know why he would vote against this motion. 2 7 1 9/20/76 Councilman Carey said that since a unanimous vote was needed and since there obviously would not be unanimity, the ordinance should either be continued for Council to debate it, or be referred to Committee. In that case there was no point in keeping the public here tonight and then requiring them to return for a future Committee or Council meeting. He suggested the Council decide either to continue or refer. 0 Councilman Seahra asked whet the deficit of this particular service was. Mr. Sipel responded that he thought it was fifty to seventy-five thousand dollars. Councilman Heehaw asked if that was compared to a previous deficit of $85,000 which demonstrated that the figure was being reduced, but not reduced enough. Mayor Norton reviewed Councilman Carey's suggestion and said that those who wished could speak on the proposed ordinance tonight, and again to the Committee when it was referred back to these. Councilman Comstock said that there was a motion on the table to refer the matter back to Committee; and if the nation to refer failed, people could talk to Council at that time. Mayor Morton concurred that speakers could wait until the motion to refer had been defeated. Councilman Carey spoke about his earlier stated alternatives, and said that he had not intended to cut off debate on the matter. He stated the odds were very high that this matter would be referred and public input would take place at the Committee level, and then it would come back to Council. He stated that there would be two more opportunities for public input, one at Committee level, and again when the matter cable back to Council. He assumed many of the epeakera wanted to speak to the merits of the proposed ordinance, whereas tonight the Council would not be dealing with the ordinance from that standpoint, but only from the stand- point of continuing or referring it. Mayor Norton invited members of the audience to address Council. Louis Bartonia, 810 Fielding Drive, said he would defer. Rick Perini, 2377 bona Street, said he would defer. Larry Faber, 3127 David Avenue, said the city, in looking for a source of revenue for animal services, overlooked a major source --- cats; although he agreed there would certainly be problems in taxing there. He said he was esriously speaking about taxing horses, however, though the revenue would only be about $26,000. He had observed that a majority of the people who own horses were children and teenagers, perhaps domin- wetly girls He felt the owners of the horses were very desirably occu- pied with that ownership, end he thought taxing such a desirable occupation for youngsters ens imprudent, and might not even be economically achievable. Ho then spoke of the term "agricultural zones". He had not received much clarification when he asked the City Attorney about the term. He feared, however, that it meant that t e parson who owned and rented out grazing Land made money, but the "kids will get socked" the way he interprets the meaning of that phrase, and he would like to see the term eliminated. He asked further to know low he could learn more in advance about when the Committee would seat, for he had learned of the meeting this evening only by happenstance. Mayor Norton asked City Clerk Ann Tanner to notify Mr. Faber when the Committee would take up the ordinance. t 272 9/20/76 Barbara Shepherd, 210 Rosewood Drive, said she would defer. Kim Bigelow, 143 Churchill Avenue, said she was the owner of two doge and two horses, and she did not feel congratulatory toward the city on its proposed ordinance. She said her two horses cost about $100 a month, and her two dogs cost about $25 a month. She thought a tax added to these maintenance costs would be very burdensome for her. She addressed Council on the difficulties they would have in enforcement, for when the boarding or grazing facility owner furnished the names of his patrons, and when the pet shop owner furnished names of whoever bought a canary or goldfish, the city would have to go around and collect that tax, which would coat more than $2,600. She spoke of 4-H ambers possibly venting to raise a hamster for a project, but if they had to pay a $5 tax they would give up the idea. She also felt the proposed breeding fees just meant something else to worry about. Ma. Bigelow thought that rather than refer the setter, it should be thrown out. It was her suggestion that the city sponsor horse shove or 4-H ebova in order to make up the deficit. Lyn Richardson, no address given, believed idformation about subjects on the agenda was deliberately withheld until the last minute. As a former youth worker she thought raising chickens was as healthful occupa- tion for children, and it was also a very pleasant undertaking for adults, She spoke of resentment about having to pay an entrance fee to Foothill Park, along with paying real estate taxes of about $2,000 a year. She spoke with anger about the proposed entrance fee for tennis courts. Mb. Richardson read from a statement she had written to the effect that her constitutional rights were being endangered if she could not have pets, and she said she had withheld her address because she is also a cat owner. In her opinion, the city was business oriented, and it would be wise for Council to also pay attention to the needs of the children in the city, for the children were future voters. Councilman Comstock, responding to Ms. Richardson's charge of deliberate withholding of the subject matter of agenda items, said that the agenda was published in the Saturday Palo Alto Times, and was made available at fire stations and libraries throughout the city. While the matters to be reviewed by the Council may sometimes seem obscure, the basic policy of the Council is to be as clear as possible. Mary fosek, no address given, spoke to the learning benefits for children in keeping of animals, and said the city had no right to tax them. Gene Fisher, 665 Towle Way, deferred. Frank Manfredi, 219 Addison Avenue, felt the ordinance did not define terse well enough. He felt the problem did not lie with animals who were cared for by identifiable owners, but the animals on the loos*, such as cats, and untended dogs. He urged that the office of 'levying tax on animals, and the officer in charge of the office be abolished. Jana H. Fisher, 731 Las Robles Avenue, said she was a 4-H poultry leader of the Baylanda 4-H group. She felt her speaking at the meeting was a representation for the children in this arses who raise chickens for show, to get eggs, and sometimes even to eat. She thought perhaps it would be more equitable to also tax *uinea pigs end hamsters, as long as sail a aisenels were going to be the target of the tax, Georges S. Br edshav, 255 Cempesino, strongly objected to the proposed animal tax. He pointed out there was no consideration of breed, age, or weight of the animal. Ha felt it wuld be wiser to reduce the licensing fees for dogs, and enforce the necessity of dogs having rabies shots. So fax as the tax itself was concerned, he supposed soon the possession of wives and children would be taxable. 2 7 3 9/20/76 Toody Hacking, 865 Mesa Avenue, spoke of being a self-sufficient animal tender, not needing the help of any organization, and resenting this proposed unfair tax. John Fredrich, 608 Channing, urged that the motion changed so the Council could vote "no" rather than interest of saving the C ouncil's time, as well as time. on the floor be to refer, in the the future speakers' MOTION FAILED: The motion to refer the ordinance back to Committee failed on the following vote: AYES: Berwald NOES: Beahrs, Carey, Comstock, Norton ABSENT: Clay, Eberly, Sher, Witherspoon MOTION: Mayor Norton introduced the following ordinance and moved, seconded by Berwald, that Sections 1, 2, and 3 of the prcpoeaed ordinance be deleted, and that Section 4 relating to special fees to be levied against owners of dogs caught roaming the Baylaends and Foothills, be approved for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTERS 6.12 and 6.20 OF THE PALO AL'T'O MUNICIPAL CODE RELATING TO KEEPING OF CERTAIN ANIMALS WITHIN THE CITY OF PALO ALTO AND SETTING FEES THEREFOR Councilman Berwald spoke to the point that the City Manager had been asked for ways to diminish the animal services deficit, and that someone had even spoken of doing away with the Animal Services Department; and that in spite of the fact that only two years ago the Chamber had been full of people who were incensed about the uncontrolled dogs roaming about the city. He voiced the hope that the City Manager would not be discouraged in carrying out directives of the Finance and Public Works Committee aimed toward reducing deficits as well as ways of raising revenues. Councilman Beaters spoke of being supportive of the motion, but he urged residents to be as considerate as possible with their dogs in relation to their neighbors. He spoke further about the need to cut back on expenses in order to fund the Arastra purchase. He stated to the audience that the Councilmembers did not undertake that purchase "...with joy in their hearts", that the purchase was a legal incumbency undertaken after hours of discu;;eionwith various attorneys, and was the best solu- tion to be found to the alternative of facing a fifteens million do?lair judgment against the city. He felt the public was not avers of full details, for, he felt, too many had the "free ride" psychology, instead of giving the other fellow a break on his property rights. Mayor Horton commented that he felt the settlement of that lawsuit had been vary good. Councilmen Comstock spoke of the appropriateness of Councilman Hers "beating a dead horse" at a hearing related to aaiaals. However, the Arastra settlement was certainly related in that it had required the setting and increasing of fees other than the proposed charges for animal licensing. MUM PASSED: The motion to adopt only Section 4 of the proposed ordinance for first reading passed on a unanimous vote. 2 7 4 9/20/76 PROJECTS PROPOSED FOR THE FEDERAL PUBLIC WORKS EMPLOYMENT ACT OF 1P6 Ben Pawloski, Director of Public Works, commented that the regulations on this program "...are a moving target", for previously the rule was thaw no partially or fully funded project was eligible, yet jest last Friday they were told that any project which is partially funded is eligible. That means that the rehabilitation of the Veterans Building, which is partially funded, is eligible. Further, as a reminder and also clarifica- tion, (reading from the document) "...funds and money will be required from the part of the city to finance the design to get it to the point where an application can be submitted". Penney spent on the project to bring it to the point of making application is not reimbursable, The Economic Development Administration has said monies spent will not be reimbursable :mtil the contract has been awarded for the final con- struction activity. Summing up,.Mr. Pawloski said that monies spent will be reimbursed if and when the project is approved; and he said a contract would be awarded only after approval from !DA has been received. Mayor Norton inquired if that information changed Mr. l'aawloaki's recom- mendations on the Veterans Building. Mt. Pawloski replied that $50,000 had been allocated by Council to that project on the basis that State money in that amount would be made available. Mayor Norton asked how Mr. Pawloski'ev recommendation differed now. Mr. Pawloski said that the $50,000 for the Veterans Building project would be added to Category 2, and that they would oct know about that until the first of the year. MOTION: Mayor Norton moved, seconded by Berwald, that the list of projects be approved, with the Veterans Building added in Category 2, for federal funding, select one of the electric utility projects, number to each project; that staff be authorized to submit an application for funding under the Public Works Employment Act of 1976; and authorize uaae of already appropriated CIP moneys for first phase design where needed. Helene Smith, 3142 Greer Road, said she was Chai n of the West Bayshore Residents Association. She spoke of her neighborhood aseccia- tioa's hope that the mess remaining from the former drive-in theater would soon be removed. She felt the eyesore was shameful both to the neighborhood as well as the City of Palo Alto. In MA. Smith's opinion, the city would not permit such conditions to exist anywhere else. Speaking for the organization, she hoped the matter could receive early consideration regardless of she source of the money needed to undertake the clean-up. Mae Tinkle nberg, 2841 Greer Road, urged the City to consider development of Greer Park as top priority on which to use some of the funds made available through that Public Works Itmployeat Act of 1976. She said that both the city and residents had spent many ;.ong hours on the project. She felt that proposed improvement plans had affirmed the value of the project many tines, end urged the Council to put the proposals into action after so many years of delay. *any Nwcomsr, 1015 Amarillo Avenue, a kard member of Yaat Dayshore Residents Association, said the Association's efforts to have Greer Park improved could be likened to Sisyphus, Whose mythological destiny was to push a boulder to the top of a hill only to have it roll back down, leaving him with the job of pushing it up again. She 6814 that West kyshors residents lived iu Polo Alto, not 1* SOU, but the area looked like Roll. She joined Me. Tinklembers and Ne. Smith in urging the Council to give top priority to Groot park, 275 9/20176 fee John Fredrich, 608 Channing Avenue, spoke of some confusion as to how much funding is actually available, but nonetheless urged the city to be ready with alternative programs at diverse locations throughout the city in order to apply for whatever funding might be available. Not only would the city be improved, the main goal of the federal funding, i.e., fuller employment, would be achieved. He felt that perhaps the forty percent unemployment of black youths in East Palo Alto could even be reduced if the city had enough projects. He spoke about the benefit to be gained from "positive attitude" toward having "cost efficiencies" lead to further "cost efficiencies". Councilman Carey questioned Mr. Pawloski as to what the numbers meant on the recommendation. Mr. Pawloski replied that the Councilmembers were to indicate priority. Councilman Carey referred to the item about golf course improvements, saying he had thought it was underway. Mr. Pawloski replied that final consultant agreements have not yet been approved for either the course or the clubhouse, and he said he had thought there was still some indecision on funding. Councilman Carey agreed, saying there had been some consideration of bonds. Councilman Carey then asked if any significant improvement at Greer Park could take place for ”0,000 --the stated need is two million dollars. Mr. Pewloeki said that as he understood the regulations of the EDA the city would be within the regulations to apply for the two million dollars, and the EDA would either approve or not approve. They would not scale it down. Councilman Carey thought he could certainly rank Greer Park ea first priority, but he wondered if staff had any idea of the odds as to which of the projects submitted would be funded. For example, he said, Eleanor Pardee Park improvement proposal is priced at $100,000. Was the EDA an all or nothing proposition? Could we do ourselves harm if we picked the most difficult project to approve, (i.e., in terms of dollars). Mr. Pawloski replied that he had no way of predicting what MA would approve. Staff has tried to have a variety of proposals to submit for funding. Staff would prepare its applications on the baste of how the priorities were assigned by Councilaeawbera. Mr. Sipel added that another factor to be taken into consideration was whether or not the project was reedy to go. Projects in Category I, he said, are ready to go right now and the impact of the funding is to get people heck to work, so staff thinks the projects that are ready to go are more likely to be selected. Mayor Morton asked if staff recommended Category I or Category II. Mr. Pewloski replied that Category I is for those projects for which plena and procedures are already prepared, and all that had to be done was draw up the application. For Category II projects, staff has to prepare speci- fications immediately and get than in right assay, because the Federal Government has sixty days to approve. The city then hae ninety daya after approval of the project to break ground —that Le a condition. Councilman Carey said that the categories then, were based op wheetheer or not the c i ty was ready to move into the project. 16 9/20/76 Mr. Pawloski agreed and said that Category II required 'some "front-end" money for consultants, and that staff would return to ask approval from Council toward spending that money. All the electrical portion of the projects would be designed in-house, but the construction would be let out for bid. Councilman Beahrs said that if he were a federal bureaucrat he would be interested in getting the money out and putting it to work immediately, and as a federal bureaucrat his chief concern would be about the regional employment situation. He said that it was very likely pro- posals submitted which would employ considerable numbers of unemployed in certain occupations, as well as areas, would get a nod of approval. Mr. Pawloski said that supposedly funding was not going to take place on that criteria. He understood projects were going to be ranked in some fashion such as "...yip to thirty percent of the unemployed workers in the project area". The project area for Palo' Alto will be the county; up to twenty-five percent on unemployment rates in the project area; up to thirty-five percent based on how labor intensive the project is, (a good example is the rehab project); and up to fifteen percent based on the level of income in the project area. There has been discussion about various crafts and trades, and supposedly that is not an important factor. Councilman Beahrs felt the staff was in the best position to make the decisions about priorities. He felt he would go along with staff recom- mendations, if projects were categorized according to their own knowledge of what was important. He said he would like to see the Greer Park project begun, and also to have the wiring be underground there, though he felt undergrounding the wires in the rest of the city relatively unimportant, even though it was desirable. Mayor Norton agreed with Councilman Beahrs and said he felt staff should give Council recommendations according to what they were aware of and Council was not. Councilman Carey said that Council was hearing for the first time about the complex method of selection of projects for funding. He expressed some anger at seeing a $50,000 item in Category II for a water main for the post office in East Palo Alto, and he asked why the city should get stuck with that, He thought the post office did nothing special for Palo Alto. Edward Aghjayan, Director of Utilities, replied that the cost of the water main tetenston would be to put in a fourteen inch water main primarily for fire protection. Rules and Regulations permit charges to be made for such installation, and it is not clear as to whether or not that will comer the full coat, Because of the opportunity to apply for Federal funding„ staff had decided to include that as a potential project with the hope of getting full funding for it at the very outset. Perhaps, even without funding, the cost can be partially or fully recovered in line v+tb the city's Rules and Regulations on charges for installing water mains. Councilmen Carey asked if it was not true that the landowner or developer weld be charged if it were not for the fact that this is the federal government. Wt. Aghjayan replied affirmatively, saying that the charges would remain the same whether the installer were private or public. Councilman Carey questioned if tie/ federal government would pay if it were not to be a fundable project. Mr. Aghjayan said in any case they would pay a frontage charge. 2 7 7 9/20/76 Councilman Carey asked then if the federal government would pay a portion of the $50,000 charge, and Mr. Aghjayan replied that they would. Councilman Carey voiced the fear that if the post office water main project were retained in the requests for funding, and the federal govern- ment knew they had to pay for the water main installation one way or another, they might approve it, perhaps to the exclusion of Greer Perk or another project. He said he would like to see that project taken off the list. Councilman Comstock said that some of the city's projects would seem to quality for funding more easily than others, according to the scale they measured priorities by. He felt, fur example, it would be difficult to meet the time schedule with Greer Park, whereas Eleanor Pardee Park was ready --although he himself favored Greer Park. One aspect of getting some projects funded by the federal government vas that such funding would free more city funds for remaining projects and reduce the competi- tion for capital improvement funds. Councilman beehra epoke to the politicians' problems in Washington, D.C., before November elections, which he felt accounted for the four billion dollars of the taxpayers' money and which he feared would merely increase inflation, however he thought the city should just us well try to get some of their own money back. Mayor Norton said that if the motion passed, the seoae of the Council's remarks would be that staff do the prototyping and follow-through, with the staff to report back to Council on what specific matters it had undertaken and the stages they were in, !MOTION PASSED: The motion that staff recommendations toward projects to be proposed for Federal Public Works Employment Act of 1976, be approved with modifications as stated above passed unanimously. ORAL COMMUNICATIONS 1. Frank Manfredi, 21.9 Addison Avenue, read a brief article about Addis Abbaba where prices dropped markedly after the public execution of a number of merchants who had driven prices up, He spoke of the wish he had to have the same situation prevail here. A'.3 T TO EXE1iTIVE SESSION MOTION: Councilman Coastoek moved, seconded by Morton, that the Council. adjourn to Executive Session re personnel. The motion passed on a unanimous vote at 10:15 p.m. ADJOURNMENT The Executive Session wet adjourned at 12:30 a.m. ATTES T : APPROVE: 2 7 8 9/20/76 CITY COUNCIL MINUTES 2 7 9 CITY or PALO ALT©