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HomeMy WebLinkAbout07011974CITY COUNCIL MNUTES CITY Of- / PALO aTO July 1, 1974 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting with Mayor Comstock presiding. Present: Beahrs, Clay, Comstock, Henderson, Pearson, Berwald, Norton, Rosenbaum, Sher Absent: None Csnceilation of Jul SY Meeting Y � YV MOTION: Mayor Comstock moved, seconded by Pearson, that the regular City Council meeting of Monday, July 3•, be cancelled. The motion passed on a unanimous vote. Minutes of June 17 1974 MOTION: Mayor. Comstock moved, seconded by Pearson, that the minutes of the meeting of June 17, 1974, be approved as submitted. The motion passed on a unanimous vote. Election of Mayor and ice Mayor Mayor Comstock noted that he had received from the City Clerk, Ann Tanner, the procedure for the election of Mayor and Vice Mayot; and he stated the following procedure. No nominations are made. Vote is by secret ballot. The Mayor would appoint two Council members to act as ballot clerks. A majority vote is necessary to elect each officer. Successive ballots vill be taken until some one candidate receives the necessary five votes. The Mayor and Vice Mayor must be elected at the first meeting in July, and the Mayor will be elected first. Mayor Comstock said that a memorandum had been received from the City Attorney's office saying that it is possible, and now permissible, for the Council to meet in Executive Session for discussion among themselves concerning the various persons under consideration, for tLe office of Mayor or Vice Mayor. It would be possible to actually conduct the election during such a session and announce the results to the public once a decision had been reached. Mayor Comstock appointed Councilman Nostcn and Councilman Sher as ballot clerks. He then asked Council to proceed to cast votes for the office of Mayor of Palo Alto for the 1974-73 team. The following ballots were taken: 1. Berweld - 4 Pearson -m 2 - Rosenbaum -- 2 Sher - 1 1 7/1/74 2. Norton - 3 Pearson - 2 Rosenbaum - 2 Berwald - I Sher - 1 3. Clay - 2 Norton - 2 Pearson - 2 Sher - 2 Rosenbaum - 1 4. Beahrs - 6 Pearson - 2 Sher 2 Rosenbaum - 1 S. Berwald - 3 Pearson - 2 Sher - 2 Norton - 1 Rosenbaum - 1 6. Berwald 3 Pearson - 2 Sher - 2 Norton - I Rosenbaum -- 1 7. Sher - 3 Pearson -- 2 Berwald - 1 Clay - 1 Norton - 1 Rosenbaum - 1 8. Berwald - 3 Pearson - 2 Sher - 2 Norton - 1 Rosenbaum - 1 9. Norton - 2 Pearson - 2 Sher - 2 Berwald - 1 Clay - 1 Rosenbaum - 1 10. Pearson - 2 Sher - 2 Beahrs - 1 Berwald - 1 Clay - 1 Norton 1 Rosenbaum 1 11.. Beakers - 2 Pearson - 2 Sher - 2 Beres 1d - I Norton - 1 Rosenbaum - 1 12. Pearson - 2 Sher - 2 Berwald - 1 Clay - 1 Henderson - 1 Norton _ 1 Rosenbaul - 1 13. Berwald - 2 Pearson -. 2 Rosenbaum - 2 Sher - 2 Norton - 1 14. Clay - 2 Pearson -- 2 Sher 2 Berwald - 1 Norton -- 1 Rosenbaum - 1 15. Pearson - 3 Norton - 2 Sher - 2 Beahrs - 1 Rosenbaum - 1 16. Norton -- 2 Pearson - 2 Sher -- 2 Beahrs - 1 Berwald - 1 Rosenbaum -• 1 17. Berwald - 2 Pearson - 2 Sher - 2 Clay - 1 Norton - 1 Rosenbaum - 1 18. Sher - 3 Pearson - 2 Rosenbaum - 2 Berwald - 1 Norton - 1 19. Pearson - 2 Rosenbaum - 2 Sher - 2 Behr e - 1 Bet -weld - 1 Norton - 1 20. Berwald -- 2 Pearson -- 2 Sher -- 2 Henderson •- 1 Norton - 1 Rosenbaum - 1 3 7/1/74 21. Pearson - 2 Sher - 2 Rosenbaum - 2 Berwald - 1 Clay -- 1 Norton - 1 Councilman Berwald requested that his name be withdrawn from consideration for the office of Mayor. 22. Pearson -- 3 Norton - 2 Sher - 2 Clay - 1 Rosenbaum 1 23. Norton - 2 Pearson 2 Sher - 2 Berwald - 1 Clay 1 Rosenbaum - 1 24. Person - 2 Sher Beahrs 1 Berwald - 1 2 Comstock -- 1 Norton - 1 Rosenbaum - 1 25. Sher - 3 Norton - 7 Pearson - 2 Beahrs - 1 Rosenbaum - 1 26. Pearson - 3 Sher - 3 Beahrs - 1 Bervald - 1 Rosenbaum - 1 27. Sher - 4 Pearson - 2 Beahrs - 1 Norton - 1 Rosenbaum - 1 28 Pearson - 3 Rosenbaum - 2 Sher - 2 Clay - 1 Norton - 1 29. Sher - 3 Pearson -- 2 Rosenbaum - 2 Berwald - 1 Henderson - 1 4 7/1/74 30. Pearson - 3 Sher - 3 Clay - 1 Norton - 1 Rosenbaum - 1 31. Shet - 3 Beahrs - 2 Pearson - 2 Nor:.on - 1 Rosenbaum 1 32, Pearson - 3 Norton - 2 Rosenbaum - 2 Sher - 2 33. Berwaid - 2 Norton - 2 Pearson - 2 Sher - 2 Rosenbaum Y ! 34. She - Berwald - 2 Pearson - 2 Beahrs - 1 Councilzan Berwald again requested that his name he withdrawn from consider- ation for the office of Mayor. 35. Pearson - 3 Sher - 3 Rosenbaum - 2 Norton - 1 36. Pearson - 3 Norton - 2 Sher 2 Clay - 1 Rosenbaum 1 37. Sher - 5 Norton - 2 Pearson - 2 Mayor Comstock declared Councilman Byron Sher elected Mayor for the year 1974 - 75. He congratulated Councilman Sher and asked him to take the Chair. Mayor Sher presided over the tweeting from this point. Mayor Sher stated a strong feeling that Councilman Comstock had set a standard that ;could be hard for any successor to attain, both in running the meetings in a fair and even-handed way with colleagues on Council, and also s.1th members of the public. He spoke particularly of the openness which Councilman Comstock had brought to city government in the three years that he had served as Mayor. Mayor Sher said he would do his best to try to live up to those standards. Mayor Sher asked Council to proceed to vote for the office of Vice Mayor for 1974 - 75. 5 7/1/74 He appointed Councilman Clay and Councilman Rosenbaum as ballot clerks. The following ballots were taken: 1. berwald - 3 Henderson - 2 Pearson - 2 Norton - .l Rosenbaum - 1 2. Henderson - 4 Berwald - 2 Clay - Norton - Rosenbaum - 1 1 1 3. Henderson 5 Be rc;a ld - 2 Clay -- 1 Norton 1 Mayor Sher declared Councilman Alan Henderson elected Vice Mayor for the year 1974 -- 75. Vice Mayor Henderson congratulated Councilman Comstock for three outstanding years as Mayor. He also congratulated &ayor Sher on winning the election. He said that everyone knew where he had stood, and he congratulated a very fine councilwoman, an, eid Pearson, who had served as Vice Mayor for 1973-74. Vice Mayor Henderson thanked those who elected hid, and he said he would certainly offer mayor Sher all the help he could. ,Finance and Public Works. Committee e,Budiet for youth Centti17 dram Mayor Sher noted that minutes of the Finance and Public Works Committee of May 28, dealing with this subject, along with a budget supplement had been included in the Council packets. He said he had requested this items, be agendieed not because he had any particular questions about its wits, but because he felt this matter should be discussed at Council level before it was budgeted and the program went forward, Vice :Mayor Henderson stared that when a proposal for a budget supple*ent to cover a Youth Center vas presented to the City Manager in December, 1973, the staff decided not to include this item in the list of recom- mendations Submitted to the Finance and Public Works Committee as part of the 1974-75 budget. Subsequently, Mr. Fred Coleman was hired by the Recreation Department with .she specific assignment of working with the young people in Palo Alto - the juniot and senior high school age youth. Mr. Coleman went to the achools, talked to the youth, and found the biggest need expressed was for a place of their own where they could "hang out". A number of the kids responded to Fred's obvious interest in then and formed the Coffee House Initiative which has already put on a six -seek film festival, three dance concerts, and one acoustic night. This group creme before the Finance and Public Works Committee and aerie a presentation to re-establish the supplemental budget program for $30,756. Vice Mayor Henderson pointed out that in addition to the minutes of that .soeetirg and the original supplementary budget proposal, Council mercers had a recommendation from the Human Relations Com iisaion and an updated proposal from the Coffee Hogue Initiative, ie explained that the Youth Center proposal really covers a three-way progra* - re-establisbnent of the very successful Creations Workship,. a coffee house, and a general 6 1/1/74 recreational area: The proposal is *recommended to Council by the Finance Committee on a three to nothing vote, with Councilman Berwald abstaining. MOTION: Vice Mayor Henderson on behalf of the Finance & Public Works Committee moved approval of the Youth Center program with a 1974-75 budget of $30,796. Councilman Beahrs asked how the activities had been financed up until now. He stated that this program had been succeeding without public support,- and he wanted to know why there was now a need for it. Fred Coleman, Recreation Department staff, responded that to this date, the group had been using the All Saints` Church for most of their activities, without charge. He said the space is shared with La Comida, Sunday School, and various othey activities. Since this is the case, the young people were not able to do any kind of permanent decorating. Sound equipment is borrowed when needed, and this can create difficulties. Mr Coleman felt a facility was absolutely essential for what they would like to do in terms of philosophy and in ter of actual program: Councilman Beahrs said there were plenty of under -used facilities in the community such as churches and schools. Further, he was slrply curious why they were asking for money when the group had succeeded so outstandingly up to this point. Councilwoman Pearson responded that they succeeded partly in the past because they had free rent by using the Old Police/Fire Station, aud also because they had staff work which was not obvious before. Now it has been budgeted out so that it can he looked at. The Creations Workshop was put to good use by the students and was quite creative; now, they have to find a new place for their activities: Councilman Clay asked if the group were certain that the 545 Bryant Street location would be available to them, Mr: Coleman replied that sine the budget had been written up, the needs of the group had been reassessed; and it was decided that the downtown location would not be as good as a more central location such as the California/Park Avenue location. Councilman Clay asked if they lead.any buildings identified as possible locations .in that area. Mr. Coleman responded that two had been looked at; but it was decided they were not perfect for the needs involved, and so they were sti:,1 looking. Ceuac1.i.man Clay asked if the rants were comparable to the Bryant Street address: Mr. Coleman answered that they were less. Elvia Garwood, 165Q Waverley Street, Member, Human Relations Commission, rescinded Council that the HRC sent a letter on the 26th of April asking theca to support the Creations Workshop and Coffee House for young people. She reported that the members of HRC spent some time listening to young people and to the staff, and felt that there had been a meeting that was highly successful involving very direct questions and very direct answers, The HRC wanted this group of young people to have permanent and not transient support. Daniel Sherman, 100 W;aver'.ey Oaks, reported for the Youth Advisory Council, that 1AC unanisolsly supports a Youth Center. Re felt it 7 7/1/74 would be very well indeed, if the city responded favorably to what the youth want and need. Gretchen Ramona, 169 Walter Rays Drive, representing the PTA Executive Board, stated their endo.'sement of Fred Coleman's proposal for a Youth Center, She stated that the PTA Council felt it was extzemeiy important for the junior and senior high youth to have a place where they can get together. Further, they very much liked the idea that there was some guidance, but at the same time they were running their own show. Steve Cottrell, 990 Blair Court, reported that some of the coming events that had been planned were a 4th of July Fireworks Watch and Picnic, an all day music festival for which they were trying to get El Camino Ball Park, and an outdoor arts fair. He said that someone had voiced concern about mixing all age groups, but he noted that the Creations Workshop had been open to young people of all ages, and so was the Children's Theatre, and several other groups which had proved to be worthwhile- In his expezience, the mixing of age groups turned out to be a positive experience. Katherine Seidler, 3133 Catlson Circle, reported that the Coffee House Initiative had six movies, three dances and a Coffee House Night. After each of these activities, those who attended showed an incredible amount of enthusiasm, Alter these- activities, each planning meeting was attended by at least five .new persons. She said they had done fairly well using various facilities, but there had been some transportation problems. Miss Seidler read a letter from Philip Bliss, Counselor at Cubberley, in which he stated support for the Creations Workshop Youth Center Proposal- Miss Seidler stated that there are about 975 young people participating in the various activities, Annie Beletsis, 1030 Harriet Street, read a letter frc-c Reverend James MacLeod, who had been loaning them the use of space in All Saints Church. ?Reverend MacLeod stated the young people had been responsible in their care or the facilities, and it had pleased him to see so many youth involved in decision making: It was Reverend MacLeod's opinion that such an organization was worthy of being supported by city funds. Councilman Berwald said he had spoken out against a separate facility, and he wanted to reiterate the reasons- First of all, he thought the Creations Workshop was fine, and he was rather numbed when he realized that Council had dislocated the Creations Workshop from the Old Police/Fire Station and had installed a Resource Center for Women. He said that now that it had been determined the public space would be on the first floor, this would have been a good place for the group to remain, Councilman Berwald stated an interest in homes in Palo Alto being opened up and made available to the young people in the community. He mentioned there was a community center at Green Meadow which would be available for a modest fee, perhaps just maintenance charges. Also, there are many churches which would be pleased to make their space available- Councilman Berwald mentioned some of the activities in the community for young people, such as Scouts, Junior Achievement, work at the C.A.A., and other service groups. He said the parks were all available, and many of the activities contemplated would not require a building.- Councilman Berwald would be supportive of adding a coffee shop kind of facility to either the facilities at Mitchell Park or Rinconada Park, but renting a commercial place for such an activity was not warranted as far as he was concerned. He said he would not be able to support the recommendation of the Finance and Public Works Committee. 8 7/1/74 Councilman Beahrs stated sympathy for youth, but he felt the young people needed to realize that the city had reached the point where it muret draw the line on enlarging its programs. He felt that the program as it had been handled thus far was highly commendable, but eventually each person needed to learn to say "no" to expenditures. Councilman Beahrs pointed out that he contributed substantially to his church, and he knew the property was under-utilized; furthermore, he contributed more substantially to the school system, and he knew the school facilities were under-utilized. He noted that the proposal included a request for a vehicle, and he wondered why school buses could not be used. Councilman Beahrs felt that enlarging the program was unwarranted and extravagant, and he would have to vote no. Councilman Comstock urged Council support for the motion under consideration. He pointed out that Council had the Youth Advisory Committee and the Human Relations Commission to advise thew, and they had done that at this meeting. It was his opinion that the advice of these two groups should be taken into consideration. Furthermore, the people who are asking for support are people from the community of Palo Alto. He felt that if such a facility were approved, it would lead almost immediately to the re -institution of the Creations Workshop because that was such an obviously successful. endeavor. That, along with movies, etc., would provide some element of financial balance and help to minimize the cost of such an operation, Councilman Comstock felt it was very necessary to have a location that was consistently the sane'and consistently available, It was his opinion that this was a modest eiiort, and the matter was being presented to Council against a background of success. Council was not being asked to support an experimental program, but was being asked to support a program that represented success. Councilwo n Pearson asked if the Creations. Workshop had been used for music session atd drop -ins a1ao when it was located at the Old Police/Fire Station. Mr. Coleman replied that he was not there at the time, but he knew that music sessions had indeed taken place, Councilwoman Pearson said that kids who were starting bands used that facility to play their instruments, and the space was very useful as a drop -in center, and this ultimately developed the centers at Stern and at Mitchell Park. .She felt these centers were rather successful as drop -ins, but that they were not the kind of facility preeentiy being considered. There are plenty of activities that can be held outdoors in the good weather, but she commented that when it is raining most of the time a building would be needed. Councilwoman Pearson said her house is used quite a bit by young people, but they really want to have someplace to go; and she would like theta to have a place to go that she could feel comfortable about. She recommended that churches that are under -used be put to use as day care centers for young children. Further, the school buses are used constantly, and they are just not available. Councilwoman Pearson said she was in favor of the recommendation, and she would vote yes. Chris Sloan, ?6OO Ramona Street, said the group had gone to the School Board to ask about the possibility of using space in the schools, but the School Board did not feel it could give them any support in that area. He also pointed out that there are many budding musicians who need to be able to play their instru entas someplace other than in private homers. Mayor Sher said he was surprised to see a new program coaxing in at a magnitude that was about equal to what would be- realized out of 4 7/1/74 the Police/Fire Station, and that concerned him. Ha felt Council did have to be very careful about new programs, being certain that they were meeting a definite need that was not being provided. He said this was particularly true if the program would recur and be annually in the budget. Mayor Sher said he was aware of some drop - in centers where there had been much enthusiasm at the outset, but that it dwindled as time went on. Therefore, he was pleased about Vice Mayor Hendelson's suggestions that this program be watched closely, so that it could be changed if lack of enthusiasm was a problem. Mayor Sher felt there was a definite need for such a program, and he was prepared to support its It was his hope that very good records be kept in terms of how many people use the facility, and in which ways it was being used. The motion passed oa the following vote: AYES: Clay, Comstock, Henderson, Pearson, Sher, Norton, Rosenbauu NOES: Beahrs, Berwald Councilman Berwald requested that his vote be changed to "aye". lhc voting on the motion r°ou'd, therefore, be as follows: AYES: Berwald, Clay, Comstock, Henderson, Pearson, Norton, Rosenbaum, Sher NOES: Beahrs Items 4 and 5 orr da . w To Be Taken Ou :-ot-Order MOTION! Councilman Comstock moved, seconded by Pearson, that Items 4 and 5 on the agenda be considered in conjunction with Item 3, since these items all have to do with Alley 13 beautification. the notion passed on a unanimous vote. Allex sw13 Beautification: Recommendations w e e.Ra et . of Planning Commission and ARB• Resolution and Ordinance (CMR:384:4) Mayor Sher explained that Items 3, 4, and 5 on the agenda all related to the beautification of Alley 13. Item 3 is the Planning Commission's recommendation of general approval of Alley 13 Beautification Scheme D with a request for a solution of the delivery problem for the Round Table prior to execution of the scheme. item 4 is unanimous approval by the Architectural Review Board of the schematic design for Alley 13, with a recommendation that a solution he found for providing adequate mid -block delivery access. Itean 5 involves the necessary resolutions and the ordinance. Hrs. Frances Brenner, Vice Chairman, Planning Commission, felt the minutes of the Planning Commission's meeting wee complete, but she would add the Commission was rather surprised to find such a large amount of delivery being required in this particular location. She said th t deliveries from the trucks could not possibly be made on University Avenue, and therefore, it appeared it would be absolutely necessary that trucks be able to make their deliveries in the alley. 10 7/1/74 Mr. Philip A. DiXaria, attorney for Mr. Edward Ames who is the owner of the property leased to the Round Table, Hofm n's, and Baskin --Robbins, stated that he had submitted a letter of protest in this matter. It was his contention that labeling this program as a beautification plan was a misnomer, since basically it is the taking of a property interest to any owner of property that abuts on this alley. Therefore, this ie a .natter of eminent domain. Mr, DiMaria said he understood that Council had been advised that this would not be considered a taking since there would be some delivery facilities provided to Mr, Ames' property. He quoted from a Supreme Court decision in Los Angeles which decided in favor of the owner in a similar situation. Mr. DiMaria explained that this decision meant in Mr. Ames' case that he has an easement which is a private property right on this alley from Ramona to Bryant, and that is the vehicular right of ingress and egress. He said the Court stated that ascertainment and payment of damages is a condition precedent to the right of a city to do public work which will destroy or damage private property, Mr. DiMaria stated that if the eminent domain procedure is not followed and compensation as provided by the California Constitution is not handled in a legal manner, then Mr. Ames would resort to his in;unctive rights and to his eminent dot. in rights. rithout respect to the legal situation, Mr. DiMaria had sorne comments to make as to why the Council should not approve the program. First, the alley was set up originally as a vehicular facility for business, and not as a pedestrian mall, or as a place for people to sit and drink and eat. He pointed out that the Round Table had approximately thirty deliveries a week, and some of those deliveries are m.ade by trucks that are of substantial size. Mr. DiMaria submitted that the area provided tor truck deliveries was too small, and they simply would not be able to maneuver in that setup. Another point was the possibility of unsanitary conditions easily developing in this type ot e situation, such as paper plates and napkins blooming around. Furthermore, there would be cans and bottles as well as foods that could lead to anything but beautification. It was his feeling that there could he problems with the Alcoholic Beverage Contiol Board if beer were taken out of the Round Table and consumed in the alley, with the Round Table having very little power to control it, Mr DiMaria felt there was z serious question of public li.abiiity to the owners and to the City of Palo Alto if someone is inured because of fights, defects, oz unrepaired situations. He continued this would be quite a sanctuary for people who might want to break into the rear, of any of the buildings in the alley. Another point he brought out spas the loss of fire protection, since under the proposed plan fire trucks would have to resort to the use of only University Avenue. Mr. DiMaria said that with all of these considerations, Council should decide not to adopt the program: Councilman Comstock said he understood iron looking at the maps that the area of Mr. DiMaria's client's property was generally clear, and that the complaint was that the total width of the alley was not clear beyond that area. So that Mr. DL'4aria's concern was not that the back of the store was being totally blocked by a deck or a boardwalk. Councilman Comstock asked if Mr. Ames' property extended beyond the back of the building, that is, does he own some of the alley himself. Me. DiMaria responded that he did not have the time to find out who owned the alley, but that did not make any difference. Councilman Comstock stated that part of the alley was not part of the store's property, for instance, so that Mr. Ames could not extend the back wall of the store. i 1 1 7/1/74 Mr. DiMaria replied that was material from a legal viewpoint. Councilwoman Pearson noted that it was implied the city should utilize eminent domain here, and she asked for co nts from City Attorney Booth as to Mr. Amen' rights to the total alley and also as to who owns the alley. Mr. Booth said that Mr. DiMaria had presented his case very well from a legal and practical standpoint. Everyone has some rights to some access to their property. The limits of that and whether: or not in a case like this where there is dual access, the access may be cut off, is determined on a case by case basis. He noted that it had been his ruling since the first time he looked at this situation, that there was no need for eminent domain proceedings towards any portion of Mr. Ames' property inasmuch as he has full and adequate access to a fully dedicated public street. Mr. Booth said that as far as he had been able to ascertain to date, the alley was not a dedicated public street_ Furthermore, Mr. Ames will continue to have quite satisfactory access to his stores although he certainly does not think it would be the equivalent of what he has now. He noted that the courts had allowed very substantial impairments of access over the years without conpen atio3, and he felt that under these circur:stances no cot:pensation would be due or payable to any of he abutting landowners (3-) the alley. Mr. DiMaria said that the Beals case in Los Angeles was a corner case where there were two streets pl.tss an alley, and the Supreme Court stated that if the alley were closed, that would be considered a taking and was a case for eminent domain. Councilwoman Pearson said that if Mr. Ames .insiated on eminent domain and wanted compensation for a taking, she did not see how that solved the problem It would appear to her that what he really wanted was not to be paid for something but to have ingress and egress. From the drawing, Councilwoman Pearson came to the conclusion that the Round Table had been provided with adequate space for trucks to get in an out, and there is parking right beyond it• She did not see how Mr. Awes gained anything if he were simply paid for that, and she vented to know if Mr= Ames would be willing to at least try out the plan and find out how it would work. Councilwoman Pearson's opinion was that everyone should be wining to at least give the program a try= It was her feeling the city was giv:._n.g a great deal, and the beautification program could only enhance the Round Table and the other properties abutting the alley. She asked why Mr. Ames would not be willing to try the plan for six months and then see what has happened. Mx, DiMaria responded that in Mr. Ames' opinion, the program depreciated his property, and he would much rather not have it. Vice Mayor Henderson said he could see the equivalent of the court: case mentioned if there were buildings on both sides of the alley, and the usual narrow alleyway, since then trueka would not be able to get in, tuna around, and get out, The fact is that there is ingress and egress, and the alley is wide enough at this point for two-way traffic< He just did not feel this was a comparable situation since the city was not closing off the alley. Mr. DiMaria explained chat the case he referred to was comparable to the Bank of America corner. The bank has access on bona and University, and the court held that in that kind of a situation, the closing of an alley was a taking and an eminent domain proceeding. 12 7/1/74 Councilman Beahrs asked it Mr. Ames had put a measure on any additional expense. Also, Councilman Beahrs referred to the more attractive environment, and asked if this would not improve his patronage. Mr: DiMaria replied that his client felt there would be more problems than benefits to his property, since the main purpose of the alley was being taken away, Mr. Duane Steinberg, Manager of the Round liable, 263 University Avenue, stated•that his greatest concern was the concept of outdoor seating. He explained that in the eyes of the Alcoholic Beverage Control Department, Alley 13 was not part of his licensed premises. However, he would be held responsible. if beer were taken off the premises. In order to prevent a Violation, he would have to prevent his customers from using the facilities in the alley. The back door had to remain open during business hours, and he felt policing of that area would be virtually impossible because of the proximity of the back door to the main dining area. This situation would create the necessity of having an employee at the back door constantly to control the consumption of beer, the loss of glassware and pizza trays, and the accuenlation of rubbish. Mr, Steinberg asked that the city consider the possible effect of the closure of Alley 13 on hzs business to increased labor costs, pilferage of supplies, and the possible loss of his beer license. Vice Mayor Henderson asked Mr. Steinberg how he policed the situation at the present time, He pointed out that the back door was open now, and people could take beer out into the parkin lot and drink sitting in cars. People could also pilfer now just as well as under the new conditions. Mr. Steinberg replied that customers ware not nearly so apt to go out the back door if there are no eating facilities for their use. Vice Mayor Henderson said he had seen people coming out the back door with beer, presumably to drink in the comfort of their cars. Mr. Steinberg respoided it would be much more common if there were seating facilities outside. Mr. Ed Ames, 665 Newell Road, property owner, said Scheme to gained a hasty acceptance and referral when it was first presented and he was.very much against what it would accomplish. He said it was his understanding that if the alleyway were closed for any period of tire, then from a legal standpoint, that closure could gain a permanent nature and always be closed. Mr. Acmes noted that the parking lot was not pact of the parking district and was not dedicated to be perpetual for parking or for ingress or egress. He suggested that if City Caunci.l wanted to appease: him, they could consider giving him a permanent easement over that area so that trucks could come in and back up to his property. If the propoaal were adopted there would be a loss of nine parking spaces to that area, and he considered that a critical situation. Mr, Apses felt the closure of the alley was a poor idea because of the need to circulate vehicular traffic_ Mayor Sher asked it he understood Mr. Ames to be saying that he opposed any program that would block either end of the alley. Mx. Ames agreed in that he felt it was a very difficult situation to have to have deliveries wade through the University Avenue entrance to any establishment. 1 3 7/1/74 Mr. William Larkin, Operations Officer, Bank of America, 251 University Avenue, said the bank would like to see the alley beautified to some degree but wanted the thoroughfare to remain. It was his opinion that this could be done without having to close the alley. Mr. Rick Nieto, 450 Bryant Street, said the nature of the master lease of the Old Police/ Fire Station is about fifteen feet of the alley, where cars used to be parked. If you add through traffic to this situation, you really do not have alley beautification. He pointed out that all of the owners had problems with deliveries from trucks; on the other hand, the beautification of the Old Police/Fire Station and the whole concept of Downtown Beautification on that street would be a half completed project if it were not carried completely through. Since Mr. Nieto's property fronted on Bryant, his deliveries had to come in through the back; and he had asked his delivery people to come at specified times. He noted that he was aware there would be traffic problems, and for his owninformation he watched the use of the alley for one afternoon. There were four care parked in the area where there is no longer to be parking, and they were there from 9:00 a.m. to 4:30 p.m.; and the vehicular traffic ran both ways even though that is a one-way alley, Mr. Nieto expressed enthusiastic_ support for the beautification of Alley 13. Councilman Berwald said he was still enthusiastic about the alley beautification, but he did not feel the city needed another lawsuit. He asked if he were correct in understanding that Mr. Ames felt the only remedy would be to leave tho alley entirely open or proceed through eminent domain, Mr. Ames responded that he had suggested the city might want to grant a permanent easement over what is now city parking area, so that if the alley were completely closed he would have necessary delivery space, Councilman Berwald asked if this could be done. Mr. Sigel responded that he would not recommend such action. Mr. Ames said there was not enough money to buy.this right from him; but if it were taken away from hire, there would have to be a price on it. Councilman Berwald asked if the concept .were that all of this planned program would be for public use as opposed to -perhaps someday leasing some of it to adjoining properties. Mr. Sipel responded affirmatively. Councilman Berwald asked if the gazebo .diniag_bridge was for the use of Sergio's or for El Palacio, or possibly both. Mr. Sipel replied that assuming it Waa ever built, it would probably be for both. He explained the gazebo .was just a general concept and was not specifically contemplated in the project at this time. Councilman Berwald asked Mr. Booth if ha,were .still convinced that the city did not have to go through eminent domain, and he remembered there had been acme discussion about this when the "Superbiock" had been talked about. Mr. Booth recalled that one of the proposals as part of that project was completely eliminating the alley from any use at ell. He did not believe that under the present circumstances that any campensable 14 7/1/74 impairment of Mr. Ames' access would occur by the project as proposed. Councilman Berwald said he could see as a possibility some of the property owners deciding to create just as attractive back entrances as front entrances, in which case part of the alley would actually become a sidewalk, adding to the value of the properties. Be asked how Wideman's, Baskin -Robbins, and Sergio's got their merchandise in. Mr. Fred. Looper replied that Sergio's had no deliveries at the present time, Raskin -Robbins had no back entrance, and Wideman's receives deliveries on the Bryant Street side. Councilman Berwald felt the only thing the city was doing was eliminating the possibility of the trucks going all the way through, but they can go through the parking lot. He asked if the parking lot were designed so that large trucks such as would go to the Round Table could exit via the parking lot. Mr. Looper responded that trucks could turn left and go straight out, or they could go north and out the parking lot just south of Cogswell Plaza. Councilman Berwald asked if trucks would be able to negotiate the parking lot with safety. Mr. Looper said the driveway had been widened to make sure trucks could get back cut. Councilman Berwald felt there was adequate room for the trucks to get in and out to the Round Table, but he supposed if Mr. Ages wanted to take the matter to court, that was hie privilege. He suggested that perh .ps there could be sone reduction in the width of the boardwalk towards Ramona from the Round Table to make it easier for trucks to back in, and he hoped staff would look into that possibility. Councilman Berwald explained he would really hate to have Council approve this project and then go through an extended litigation on it. His opinion was that the property would suffer no loss, and in fact would be enhanced. Mr. Sipel stated that staff had some concern with Mr. Ames' comments after the last meeting, and they made some attempts to redesign the ingress and egress. He felt that in some ways the ingress and egress would be better under the proposed plan than presently exists. In some cases the alley gets blocked, and you find that trucks back up across the parking lot; and this situation would be improved by the proposed beautification. Staff had an opportunity to do a truck count, and there were sixteen trucks in the week they did their checking. Vice Mayor Henderson said that $16,000 had been budgeted for the beautifi- cation part of this project, and he wanted to know how much the under - grounding would cost the city and the property owners. Mr. Looper replied that the $16,000 figure remains the same, and the undergrounding would cost a total of $40,000. The city's share of the undergrounding costs was 75%. Vice Mayor Henderson concluded that the coat to the city for the entire project would be $46,000. Councilman Beahrs asked if the undergrounding would be done regardle*e of whether or not the beautification project were spproved. Mr. Sipel responded that the two could be separated. 1 7d/74 Councilman Beahrs asked, wheat if ever, the.s.teff would have the under - grounding problem. Mr. Sipel responded that the city could go ahead with one and not the other. If the city did not go ahead with the undergrounding as proposed, there would be some modest under -grounding adjacent to the Old Police/Fire Building. Councilman Beahrs asked Mr. Sipel to bring.h.im up -to -dace on the history of this project, and who originated the idea. Mr. Sipel replied that the idea of alley beautification had been talked about by many persoats and groups, but the .specific assignment carte from Councilman Berwald as part of the Old Police/Fire Building assignment. The Council approved that assignment approximately one year ago. MOTION: Councilwoman Pearson moved, seconded by Henderson, that Council uphold the Planning Commission recommendation and approve the final design for Alley 13 beautification, and find that no significant environ- mental impact will result from this project. Councilwoman Pearson said she did not think this was a perfect situation, she felt that Mr. Ax ee had some points, but she would like Council to try it. It waa her opinion that everyone could be flexible enough to change or modify it if it dces not work out. She pointed out that each owner on the lley :.ouid participate, and she was really shocked to find out that the 1?e.nk of Ar etica had declined. Councilwoman Pearson felt that the Bank's unwillingness to participate was irresponsible to the Downtown Beautification project any way you look at it, and it was typical of past reactions the city had from owners. She expressed her disappointment in the Bank of America. She said there were a lot of things that could be done to the back of the building so that it could be an integrated pant of the Alley 13 project, and she hoped they would cooperate. It was her guess that the Bank of America was totally qualified to pass such improvements along to any buyer of the building, and she thought they would do just that and thus not lose one penny if they cooperated. The notion passed on the following vote: AYE'S: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Beahrs NOTION: Councilwoman Pearson moved, seconded by Comstock, that the City fund the Alley 13 beautification project without property owners' financial contrib+:tion. AYES: Berwald, Clay, Comstock., Henderson, No;:ton, Pearson, Rosenbaum, Sher NOES: Beahrs MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Norton, its adoption: RESOLUTION NO. 4960 entitled "RESOLUTION OF INTENTION TO AMEND SECTION 12.16.020 OF CHAPTER 12,16 OF TITLE 12 OF THE PALO ALTO MUNICIPAAL. CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT N0. 17" (sets hearing for 8/12/74) 16 7/1/74 The resolution was adopted on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher. *TOES: Eeahrs MOTION: Councilwoman Pearson intrcd' '4 the following resolution and moved, seconded by Henderson, it:,, Idol;teo RESOLUTION NO. 4961 entitled "RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION ro ACQUIRE AND CONSTRUCT IMPROVEMENTS" The resolution was adopted on the following vote: AYES: Berwaid, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Beahrs .tend ls§ to PAMC Re)atin to ST3ecia1 Ass s! en'_ and Assessment Bond Procedures MOTION: Councilman Comstock introduced the following ordinance not shown on the agenda, and moved, seconded by Pearson, consideration as an emergency item, second reading of name: ORDINANCE NO. 2798 entitiecl "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALIC AMENDING THE PALO ALTO MUNICIPAL CODE, RELATING TO SPECIAL ASSESSMENT AND ASSESSMENT BOND PROCEDURES" The ordinance was adopted on the following vote: AYES: Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Beahrs PACDAB Contract (CMP:399:4) Mayor Sher explained that this item suggested that while the new contract was being reviewed, the present PACDAB contract be extended for one month at the compensation rate of one -twelfth the amount approved at the June 24 budget hearing. *MOTION: Councilman Comstock moved, seconded by Pearson, that the Mayor be authorized to extend the 1973y-74 contract between PACDAB and the City for one month through July 31, 19:4. The motion passed on the following vote: AYES: Berwaid, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher NOES: Beahrs 1 7 7/1/74 Fjsed Amendment to Agg,reem . q. 2876 -- .511eae Trane•ortaff6i Treatment and Dt s Deal Loa Altos H111s CMR: : ) b (CMR: 400: 4) MOTION: Councilman Berwald moved, seconded by Rosenbaum, that Council authorize the Mayor to execute the proposed amendment. Vice Mayor Henderson expressed concern about the development that could take place in the foothilla over which Palo Alto may or may not have any control. He asked what would happen if the city denied sewer connections on this property, or any other property, that may come up. Mr. Booth responded that the contract between the city and Los Altos Hills originally allowed them access at a number of points to Palo Alto's sewage system and provided a sheens to provide for additional points. Presumably, if the city did not pass this amendment, the city of Los Altos Hills would either be able to route their sewage into other existing points, or perhaps seek septic tank service for this property. They also might want to explore their fu.1 rights under the contract. Mr. Sipel recalled that the agreement required Palo Alto to provide service, and the only reason for amendment is to control the number of access points and Lhe location of those access points. He felt the city did have a cequireaent under the agreement to provide service to that part of Los Altos Hills specified in the agreement, and that was included in this particular area. Therefore, Council had limited opportunities to turn this one down. Councilman Comstock noted that the staff's memorandum of June 27 indicated Los Altos Hills would have to pay Palo Alto $100.00 an acre for the connections. He asked if this was a consistent level of charges compared to what was being done in other areas ender the joint agreement. Mr, Looper replied that the $100.00 per acre was in the original contract with the City of Los Altos Hills. Councilman Comstock asked if that were the agreement that was used as part of the construction for the joint treatment facility, or did it preceed that. Mr. Sipes, explained this was in the original agreement that took place before the Joint Treatment Plant was constructed. Counctiiaan Comstock was wondering if there had not been an agreement in the background prior to this point, if Palo Alto would still be charging the same thing, or would the charges be higher because of the higher level of treatment. Mr. Looper responded that Los Altos Hills paid a portion of the new treatment plant as part of a new agreement, but the old agreement is still in effect‘ Councilman Comstock asked what the hook-up charge would be for a new property owner in Palo Alto today. Mr. Sipel said that the new plant had e. separate agreement with Los Altos Hills, so they are piay}.pg for the higher level of treatment. Councilman Comstock asked if the monthly rate paid by these property owners would reflect the use of the new treatment plant. 18 7/1/74 Mr. Sipel said he did not know what the property owners paid to Los Altos Bills, but he did know what Los Altos Rills paid to Palo Alto and that was higher based on the level of treatment being increased. Councilman Comstock shared Vice Mayor Henderson's concern, and if he thought lack of approval of the amendment would forestall what was going on up there, then something could be said for it. He said some of the land cutting that was going on was atrocious, but it would probably just have the effect of putting them into septic tanks which would probably be a negative thing environmentally. Councilman Berwald asked if there were a comma or some parentheses missing in the agreement under the Payment Section with regard to the $7,561.21 amount. Mr. Booth responded that it would be appropriate to set off that figure in parentheses, and that it would be done. The motion was approved on a unanimous vote. oa traaet for Civic Center E1evatcr Maintenance (CMR:3ii:4) MOTION: Councilman Berwald moved, seconded by Norton, that the Mayor be authorized to execute a contract with Mcntgomery Elevator Company on behalf of the City. Councilman Henderson asked what the cost was for the current year. Mr. Clayton Brown responded that the current year costs were under $5,000. Councilman Henderson noted that this meant there was about a fifteen percent increase involved, The motion passed on a unanimous vote. Reguesj of Councilman Berwald re Sur lgr� and Related Crimes within the City MOTION: Councilman Berwald moved, seconded by Comstock, that this item be continued until the July 15 Council meeting. The motion passed on a unanimous vote. Reuest of Councilman Comstock for Council Suiport of AB 3924 (. Greene) concernink Tie r's Tax (SX of Alce?�olic Beveranes oraauxd an Premises Where. Sold) .�IIYwB�IA..i»1rh.� 1�b �r.Vlsf Councilman Comstock said that what he actually wanted to do was get more information so that Council could better decide, for instance, how much revenue this might produce for the City of Palo Alto. MOTION: Councilman Comstock moved, seconded by Henderson, that staff be directed to prepare a report indicating revenue potential of such a bill to the City of Palo Alto and return such report to Council for decision regarding support of the legislation. The motion passed on a unanimous vote. 19 7/1/74 Re uest of Councilman Comstock re A ointment o Council Re resentatives to Meet with State and Federa atoi erv3rp� Representatives from Other Cities in the Area on a 9usrterly Basis Councilman Comstock recalled that several weeks ago there was a letter received from Mayor Tra Bonde of Menlo Park raising this question. Mayor Bonde was suggesting that on some regular basis representatives of City Councils in this area meet with state and national legislators to review problems with them. Councilman Comstock put this matter on the agenda so that Council members could say whether or not they were interested and give some kind of response to Mayor Bonde. He said he had no fixed opinion on this, but he thought it would be well if the legislators would come sometimes and listen to Councils in their officiaQ. functions. Counei_lman. Berwald said he thought this was a good idea, And his idea had been to set aside an evening every quarter as sort of "Communication with Other Government Officials Day" and hate as many members of Council who would like to be present be there. He felt it would be a burden to assign this to one person, CouncilmanComstock suggested that perhaps the right thing to do would be to have the Mayor respond there is some interest and then see what develops. Councilman Beahrs felt such a liaison assignment would put too much of a burden on an individual, and also the Council did not speak with unanimity. If these meetings were to be productive and valuable to higher level governmental persons, they would certainly hope that any conversations they had were authoritative and supported by a majority of Council which he did not feel could be guaranteed, Councilman Beahrs thought that perhaps there were all too many avenues of contact as it is. MOTION: Councilman Comstock moved, seconded by Berwald, that the Mayor respond to Mayor Ira Sonde of Menlo Park indicating general interest of the City Council in pursuing this approach and in getting more information about it: The motion passed on the foliowing vote: AYES: Beahrs, Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Norton Re crest of Councilman Berwald for Execut ve .ession re Pexsonu 1 tters MOTION: Councilman Berwald moved, seconded by Henderson, that this mater be continued until the July 15th meeting of the City Council. The motion passed on a unanimous vote, Request of Councilwoman Pearson re Dumbarton Hr�Idge _..ri.. _.., Councilwoman Pearson pointed out that Willow Freeway is still in the WTC plans, and she felt Council ought to request that the Willow Freeway 'e 2 0 7/1/74 removed from those plans. She felt it was noteworthy that this same expressway, which is 84, was recently removed from the state highway plans between Sunol and Livermore. So the freeway was booing removed from the other side of the bridge. She wanted to be sure that the MTC would atop in their persistence of pushing the Willow Freeway on co this area, and she would like Council to go on record as support:4 the recent removal of Highway 84 from the ?1TC plans, MOTION: Councilwoman Pearson moved, seconded by Beahrs, that.. the Mayor write a letter to MTC saying that Palo Alto supports the recent removal of :highway 84 from their plane and requests the removal of Willow Expressway. The notion passed on the following vote: AYES: Comstock, Henderson, Pearson, Sher, Rosenbaum NOES: Ber:hrs, Clay ABSTAIN: Berwald, Norton Cguacilw man Pearson re Tele ram to Governor Reagan Sav Delta Resource Recover • Pro ect, Councilwoman Pearson noted that the telegram to the Governor indicating support of the $2,3 million in the Bay Delta Resource Recovery Project had a typographical error. in the third line of the telegram, the word "solution" should replace th,? word "source". Councilwoman Pearson re Re ort f -om ARB on Downtown Beautification Councilwoman Pearson noted that in the second paragraph of a report from the Architectural Review Board, they point out that the Downtown Beautification Project has had citizen reaction, some positive, but most negative. The ARB is really questioning the height, scale, and use of materials. She Baked for comments from other members of Council as to whet might be done, and she feared this project might not be a very good one. Councilman Henderson said he had been receiving comments that to parking cars people were nicking out the cement curbs, and they are already being chipped off. It might be necessary to have rubber bumpers. Councilman Henderson commented this was just one of a number of criticisms. Councilman Comstock asked if Council could get the ARB to be more explicit:, perhaps giving a written or oral report on just what they had iu mind. Mr. Sipel advised it would be difficult to make changes in midstream, but some things could be done after the fact. MOTION: Councilwoman Pearson moved, seconded by Berwald, that the ARE be requested to appear before Council concerning the question of downtown beautification. Councilman Rosenbaum reminded Council members that the ARB had concerns deeper than just those with Downtown Beautification. They were interested in having design review over asst all projects in the, city. He felt the ARB was thinking about ordinance changes, so that a referral to Committee might be in order. Mr. Sipel said that inadvertently the recommendation of that nature had been left off the agenda, but it would be automatically put on the agenda for the July 15 meeting. Councilwoman Pearson said she was concerned about the Downtown Beautifica- tion Project which is here and now, and the other remark.o in their letter could be dealt with at another time. The motion passed on a unanimous vote. ouccilwoman Pearson re Bicycle/Pedestrian Briges at Waverleye Alma and Sae Mateo, Drive across Sir'; Francis uito Creek Councilwoman Pearson stated she was shocked that this matter was dragging on and on, with the original direction to staff having been made on September 25, 1972. Two thousand bicyclists are using the railroad bridge daily. She requested that action be taken soon. Xr. Sipel responded this was a high priority project for 1974-'75. Councilman Rosenbaum re Commendin Staff fo, r Ccm�tsc�n_o_f__��,cyc,lr,�,-I� naion�� Hance Councilman Rosenbaum commended the staff for the completion of the bicycle path along Hanover end through the Varian parking lot. This action was greatly appreciated by a number of people, he reported. Councilman Bern f om Merchan ere deism-�,. iittr �t Florence �Liddi cow} Councilman Berwald read a letter signed by a number of merchants in which they requested that the dead end of Florence Street in front of Liddicoat's Market be declared a loading zone. They felt this convenience would help make up for the twenty-two parking places lost in the Beautification Project. POTION: Councilman Berwald moved, seconded by Comstock, that the letter be referred to staff for their comments. The motion passed on a unanimous vote. ;mulct "man Norton re Status Report on jc e rbor and Meetin of 3u1y 1st_ with City/Cozmt7 Officials Councilman Norton said Council :embers probably rocalled receiving a status report from Warren Deverel on the yacht harbor which said the schedule had slipped another year, that is the schedule for the county to begin their improvements. He was very unhappy about t?:tis, and felt that the county moved very slowly, if at all, regarding than commitments to the yacht harbor. Councilman Norton felt the harbor looked bad and did not cotes up to the standards that he felt Palo Alto was entitled to expect. A meeting bad boon bald that afternoon 2 2 7/1/74 involving county and Palo Alto City representatives, and he felt the gist of the meeting was that some investigating would be dons to find out why this has taken so long to move. Mr. James Pott, County Director of Public Works, had a prepared schedule by which he proposes to keep things going, and this would include a revised master plan for the yacht harbor. That p1'n and an environmental impact report would be delivered to Palo Alto in the next week or ten days. The Board of Supervisors expects the city to hopefully go through its phases of approval by August and gat back to the Board of Supervisors at that time. Councilman Norton commented there were four state agency clearances necessary, and everyone knew those took a long time. In order to expedite smatters and stay ws.th the hoped -for schedule, it would be well if Council could indicate to staff that the plan and EIR be submitted directly to the Planning Commiesion and the ARB, thus avoiding the need to have it come to Council simply for referral. MOTION: Councilman Norton moved, seconded by Berwald, that when the county revised plans for the yacht harbor and the environmental impact report are received, they be referred directly to the Planning Commission and the ARB with a copy to Council. The motion passed or. a unanimous vote. Ala e(6ians None bid.: 22Y_s The meeting adjourned at 11:25 p.m. ATTEST: Ann J. Tanned, City Clerk APPROVE: Kirke W. Comstock, Mayor Byron 3. Sher, Mayor 2 3 7/1/74