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HomeMy WebLinkAbout021419721 MINUTES city of palo alto February 14, 1972 The City Council of the C'.ty of Palo Alto met on this date at 7:30 p.m., in an adjourned meeting of February 7, 1972, with Mayor Comstock presiding. Present: Absent: Regular Meatintc of Februa Beshrss, Berwsld, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen None 21 Rescheduled Mayor Comstock aceno'inced that Washington's Birthday and the therefore be held on Tuesday, Monday, February 21st, is a holiday for regular meeting scheduled for that date will. February 22nd, 1972. Welcome to Visit.i�omberos (i�iremen from Fay alms onoraa ea�o _ , Mayor Comstock said he wished to bring up a special matter at this time at recognize seven representatives from Ez palme, Sonora, Mexico. He asked Fire Chief William Korff to explain. Chief Korff stated th,3t 100 firemen from Mexico are visiting the Bay Areas and the Peninsula Fire Chief's Association is host to this group for one week. The firemen will participate in training sessions. The City of Palo Alto Is hosting seven members of the group at the University Park Fire Station. Chief Korff noted that the Town of Fmpalme, Sonora, is 250 miles -South of the border. Chief Korff introduced Eugenio Castillo, from No. 3 Fire Station, who introduced Manuel Reyes, Manuel Rivera and Felipe Henriques. Raul Ariel10 then introduced Rene Anguelo, Francisco Flores, Isidore_ Alvarez, and Emilio Gronaalez. Mayor Comstock read aloud a Proclamation of elelcome, in Spanish. Fire Chief Alvarez responded to Mayor. Comstock°s comments in Spanish, and thanked the City of Polo Alto for the fine welcome the Bomberos had received. Pro •-. sed Contract Extension: Peninsula Mayor_ .;omatock asked staff to speak to this item. R. M. Witbeck, City Engineer, reviewed the staff report and said that at nest contract has been negotiated with peninsula Transit Lines rectroactiee to the first of the year. __Me noted the esca r_ ng-_os s and that last year -than City's subsidy amounted to 39 cents per operating agile which will be ircr,ased in the new contract to 46 cents per operating mute. He noted that the newly incorporated program for senior citizens represents a4 additional subsidy of 8420 per month, while the program is in effect. generally,s?eaking, the increase' are due to the increased cost of operation and salary increases for bus operators and se see Councilman Pearson commented that, in her opinion, it is a waste to have two bus systems She thought the school bus system and the City bus system might be combined. She asked whether such a eombinatioa is presently under con- sideration by the Transit Authority. Acting City Manager Sipel stated this idea has been investigated in some detail in past years. He said he believed the last review wain done by DeLeuw Cather and the conclusion was that it was not feasible. The problem relates to timing -- City buses are used most at the times the School District buses are needed. This eebject was also discussed at the staff level at a San Jose -Palo Alto Transit Authority meeting and so far the problem has not been resolved to effect combining the two systems into one. Councilman Pearson raised farther questions regarding maintenance of two stations and the need for two sets of people to do the work. She said she felt it would be better to have a larger system which could be spread around and then perhaps more people would become accustomed to using the buses. It is time to look into this ides again since ahe felt the DeLeuw Cather report did not go into detail on this suggestion. Acting City Manager Sipel commented that Peninsula Transit Lines does receive some economy of scale because they maintain not only the buses on City roads, but Charter buses and taxis which they operate privately. Councilman Beahry raised questions regarding possible combination of the routes of the two systems, to which Acting City Manager Sipel replied that the opportunities for combination would occur in the off-peak hours. MOTION: Vice Mayor Norton moved, seconded by Beiwaid, that the Council authorize the Mayor to execute the proposed amendment 12 to the contract hFtweon tho City and Peninsula Transit Lines, Inc. Councilman Henderson commented discussed tonight and he would before voting again for such a Councilman Clark said he hoped merged into a broad plan which ,cu cer ad -too note a 12 percent -- two Years, and said = thi' : le 4 that he questioned the large increases in cost 2a11 for an investigation of the two systems large increase. the Peninsula Transit Lines' service would be Council will be acting upon later. He was decrease in use of this bus system in the last eeeseeelee r. h lge percentage . Yes rte- n stau:.� Councilman Berwald noted that the 1971 Bares e±�. new nave ave not been auciti tad 'aid asked whether this fact had any signific,ance. aineeee C1 *-v Manager Sipel replied there is a question of timing and these figures will be reviewed by the Transit Lines' CPA and then by the City Controller, W. Mitchell. The motion paaeaed on a unanimous voice vote. Step Dian S stam„Didatit% (CM: 154 :2) Mayor Comstock asked Acting City Manager Sipel to report. Acting City Manager Sipel stated a City wide "Stop Intersection System" map (Exhibit "A") was first adapted by the Council on .august 4, 1969. The System was updated in 1970 and 1971 and the construction of new streets, installation of new traffic signals, changes in traffic petterua, and the m.d to improve the safetyenvironment at street intersections now necessitate adjustments and modifications to the present "Stop Intersection Systems". These changes were identified on Exhibit "B". 4-2 0 2#141171"_ • - 1 MOTION: Councilman Clark introduced the following resolution and moved, seconded by Serwald, its adoption; RESOLUTION NO. 4358 F.NTITLED "RESOLUTION OF THE COUNCIL OF THE CITY or PALO ALTO AMENDING RESOLUTION 4291 CHANGING THE CITY WIDE STOP INTERSECTION SYSTEM AND MAP" Mark Remmel, 345 Lincoln Avenue, addressed. Council and requested that Stop Signs be placed at the corner of Waverley and Lincoln. Mayor Comstock responded to Mr. Remmel and said one of the recommendations included in Exhibit "B" calls to:: a four-way Stop Sign at that intersection. The resolution wens adopted on a unanimous voice vote. Pro Pct No. 64-i E1 Camino Real. en n peed to the State o orn a c: At Mayor Cccstocc's request Mr. H. H, Witbeck, City Engineer., summarized the staff report noting that the recommended action rails for execution of a Crant Deed which would deed a four foot strl.p of land, acquired in the name of the City of Palo Alto, to the State of California. MOTION: Councilman Henderson moved, seconded by Pearson, that with reference to Project No. 64-1, El Camino Real Widening, the .:ayor be authorized to execute a Grant Deed to the State of California covering the four foot strip along parcels 9 through 11 and containing approximately 921 square feet. The motion passed on a unanimous voice vote. ABAG - Re uest for Review of e c os Mayor Comstock noted that this item was placed on the Agenda at the request of Councilman Semen, Council representative to ABAG. He asked Councilman Semau to speak to this item. Cov.cilArsa Semar stetted that Santa Clara County D p.,r.__ nt ,.u•..a�w.6aL VL CU�3 hi. applied for t o grants, one for an alcohol detoxification and rehabi l.ftaation planning center and one for a methadone treatment and rehabili- tation program. These grants will be processed through ABAG and she wished to propose that the Council of the City of Palo Alto endorse both these great applications. Councilman Semen noted that Dr. Allan Seid, Chairman Af the Drug Abuse Task Force, had expressed support for these -programs and erged Ceenei: 's favorable response. MOTION: Councilman Seman moved, seconded by Clark, that the City Council express its general support of the effn =e of =tne Santa Clara County Department of Public Health to obtain Federal funding for its Alcohol Detoxification and Reh_biiitatic &Planning Center and Methadone Treatment .et:mbili .$tion Program. Thu motion passed on * unanimous voice vote. 2/14/72 Santa Clara Count Flood Control ater str It - Requeat re. kaimaredi*Ifigasimjhallii."211.411 f hany t o rcu nta ation (CMt:163:2) Mayor Comstock referred to a letter dated January 20, 1972 from the Santa Clara County Flood Control Water District, signed by the General Manager Donald K. Currlin, and requesting that the Council adopt a resolution urging immediate investigations of standards of mercury contamination and expressing dissatisfaction with the guideline of .5 part per million of mercury for finding contamination of fish intended for human consumption. He also referred to a memo received from Mr. Warren L. Deverel, Managing Director of Utilities, which stated that little information is available on mercury toxicity and the Regional Water Quality Control Board's present discharge quality standards icclud't no mercury concentration. limitation. Staff's recommendation is that further research into acceptable mercury levels seems appropriate. Councilman Pearson urged support of Santa Clara County Flood Control's request. Mayor Comstock said that he was more concerned about the amount of mercury contained in water than the amount contained in contaminated fish. Further discussion ensued, with Mr. Deverel responding to Council's ques- tions. MDTICN : Councilman an Beahr a moved, recorded by Clark, that the Council support the request fron the Santa Clara County Flood Control and Water District and instruct the staff to prepare a resolution of endorsement urging immediate investigation of standzrds of mercury contamination in accordance with sample resolution l urtber 7182 submitted by the Flood C-ontrol. Water District. The motion passed on a majority voice vote. Ad, ournment The:Iveting vas ad;cur ed at 8:20 p.m. * a. �f A a * a R a * * e * GPs 3ar mating of Zebruery 14, 1972 The City Council of the City of Palo Alto met on this date at 8:20 p.m. in a regular meeting with Mayor Comstock presiding. Present: Beaters, Berwald, Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Staten Absent: None Publ.ic Herring - Foo ilia Moratorium dayor Comstock iced that this is the time and ;Mace set for the Public Hearing on an ordiran.e of the Council of the City of Pal: Alto amending Ordineneo Ro.2612 to__extend the mozatorinm end exception procedure estab- lished thereby for a period of ens veer. Meyer Comstock declared the Public ids gig a_ i i'_ flea enong_un d l 10--14 a h- fir r; t f ., w.N� - .rP4i. _. J. i.a � b-- from YY. AMA - 4 rii i thereafter the public would be invited to spew to the iaaue. 2/14/72 Mayor Comstock invited the Director of Planning and Community Development, Louie J. Fourcroy, to address Council. Mr. Fourcroy reviewed the history of the morato±ium and said that Council took this action last year as a result of a request emanating from the Planning Commission following study and review of the Foothills Environmental Study. The Council was requested to consider zoning as a means of imple- menting policy in the then proposed General Plan amendment. Ordinance No. 2612, adopting a moratorium on d.2velopment in the foothills, was s.a.bsequently adopted. Mr. Fourcroy referred to material submitted to Council on this subject, prepared by Planning Staff and including exploratory studies analyzing the suitability of foothills land for open space asses, based on soil and slope characteristics and a study on plants and animals of the Palo Alto foothills. He said staff had found the assignment to study the foothills to be somewhat more complex and sophisticated than was first anti- cipated. For this reason, staff is asking for an extension of the moratorium for a period of ona year in order to .allow time for completion of the studies currently underway. Councilman Beaters asked Mr. Fourcroy to comment on the history of this situation. He reiterated that Council adopted the first moratorium in expectation that they would receive the staff reports before the expiration date. Mt. Fourcroy agreed that it would be most desirable for the staff to come to Council and say they were finished and able to present results of their studies. The moratorium is distasteful to staff as well as everyone else, but stuff has no altarnative but to request an extension. Councilman Bearers referred to correspondence from landowners in the area under discussion and in particular a fetter from Mrs. Ina R. Dahl, 1176 Palo Alto Avenue. He asked whether staff had any ideas regarding some forte of relief for property owners: such as Mrs. Dahl, and said he found Mrs. Dahl's case particularly distressing. Director of Planning and Community Development Fourcroy said he was very much in agreement with Mt. Bearers' comments. He had contacted Mts. Dahl and suggested that she really should take advantage of the provisions of the moratorium ordinance, which allows for Council to consider exceptions or waya_ard means of des,ltng vith partic'aler prcbiems. Other than that, rye Council does not nave any paver to halo Mr'. Dahl._ He referred A=ecjfgcally to Article 1[, Section 2* of th draft-ordinance before Council. Councilman Bervald raised further questions concerning the discussion contained in the Planning Commissions minutes of February 2, 1972. Further discussion ensued regarding the one application for exemption already filed by fir. Harry J. Beyers, which was refused by the Planning Commission and the City Council. Mayor Comstock asked Planning Coa>miesivz,.er Larry Klein whether be wished to speak to the Planning Commission's retommendation at this time. Planning Commissioner Klein eteted that hewood comment___later__and that Mt Fourcroy had summarized the Planning Commission's actions very well. Mayor Comstock acknowledged receipt of letters from Mr. Thomas A. Tisch: 724 Arastradero Read __ ex+,resting oppon tin to the- prepo ed moratorium; Road, ----' r r..Y-� w.w..vb l4m; letter dated February 8, 1972 from Mrs. Ina R. Dahl. 117x± ¢i ;, alto Avenue, stating rn....4..r.,_ '�,ca o: c_�_ --� ' j ----- - ----- -- = - - ,. Y..�....�r..M� r. �.cas LYYi L Ywi fara,�� � , signed by 8 families living on Pane Hill Road; The.Hayor noted that the �:ouncil 'sad ah4o received all the reports zed all the information submitted to the Planning Commission for their consideration before making h,ir recom- mendation. z 3 2!14/72 Mayor Comotock stated that the Council would hear from the public at this time. Nanette Henke), 3172 Emerson Street, stated that if Council is serious about supporting the policy previously adopted, to preserve the foothills in open space, aneuibere will wish to ,support the recommendation for an extension of the moratorium. She urged against extending the moratorium for a period of less than one year and said that if the staff work is completed within a shorter time than one yet', the Council can take action to remove the moratorium at that time. Mrs. Hanle° praised the work carried out by the Planning staff to dat:,-, and referred to the Open Space element of the Comprehensive Plan which is now goiag into the f;.na1 draft stage. Joan Heymann, 3448 Greer Road, read a prepared statement in behalf of the League of Woken Voters of Palo Alto, stating that the League wishes to see maximum possible undeveloped land retained in the foothill. The League supports the proposed extension of the moratorium on foothills develop- ment, since the Regional Park and Open Space District election oill not be held until November, and the Manning study of Montebello Ridge will require considerable time for definitive recommendations. She expressed the hope that the staff report and City action on the lower foothills will be completed well before the next year i, cut. Nina Kulgein, 711 Gailen Avenue, representing the Palo Alto Branch of the American Association of University Women, stated that this group supports the Planning Commission's recommendation to extend the moratorium for one further year. They see the foothills as a precious and dwindling resource of open space and consider it only reasonable for Council to support the staff and guarantee them the necessary time to complete their assign- ment. Chuck Levdar, 3995 Page !Jill Rosa, referred to the letter submitted to Council teal ht from eight families in the upper foothills and said this document represents the opinions and views of a small group of property owners who have diac...:n . the moratorium, open space and park. The property owners have no opposition to open space, Mr. Levdar said, but they do abject to their properties being designated as open space and park land, when in fact . this is a developed tart of -I alo Alto. The property cianera feel they have been depotved of their legalrightsin that it ha.a been:. denaceeeery _ut tuem to appear before the Coun it and plead hardship to protect their property. Mr. Levdar said this group did not intend to beg and, therefore, they considered that the exception clause of the ordinance excepted them. They wished to be excluded from a y discussion on open: space and have their area considered as a " deventeped part of Polo Alto and their status as Palo Alto homeowners confirmed. Kathleen Levdar, 3995 Page Hill Road, stated that she appeared before Council six months' ago to speak of an "unborn dream" - to build a house with her own hands in the upper foothills. She said her land has now become a political issue in Palo Alto. Mrs. Levdar spoke of unanswered questions concerning the moratorium and said she would like to know what will happen to her h. use when it is _ Bel t? What _will the taxes be? No one has offered to explain w=..at_ lad acquisition by the Clty would mean to her,- as a property owner. Mts. Lervdax-+said she would have no peace of shad until -G.he knew --- exactiy what: G, cxi - is--coneidering and she wished to go on record as involved --- apposing the extennsioa, -not because of the monetary ivaise-� � hut accrueo of she e f it . - -- �.__ ___R�_ �v,��c�eg�Lal canstrAints, amounting to mental cruelty, -Mai -_the soratoriuz holds for people mho live in the ire*qua sad who have an imeestmeeteefTeeirieealeam phyziealeraiiewrces in their property. The moratorium is a "cruel thing", Airs. Levdar concluded. i 4 _? 4 2/14/72 1 1 John F. Porter, 347 H.'lbar Lane, Palo Alto, speaking on behalf of the Palo Alto Civic League, stated that the League was in favor of a moratorium for a reasonable length of time when the subject was first brought before Council, particularly if it included an exception clause. The League is in favor of the continued moratorium for a reasonable time, but he said a one year extension of the six months period seems to be too much. He urged that the Council be sensitive to hardship cases that might come before them and not simply routinely deny them. Also, that the staff and Planning Coa'mi.ssion complete their studies with all speed. The Civic League feels that the City should take steps to begin an actual acquisition program of properties the City knows will fall witinin the orbit of their plans. Philip C. Lexey, 1028 High Street, Palo Alto, said that he has no invest- ment in the foothills but has been following the moratorium carefully. He spoke of the "1984 aspects" of adopting a moratorium for a six months' period and then extending it for one year. he said he would like to see a moratorium that offers tax relief to property owners or a definitive action on the part of the City. Mr. Lexey spoke of the right of the individual and said moratorium amounts to taxation without representation a,1d the rights of all minorities should be considered equitably. He urged Council to look at the moratorium objectively and 1) purchase at equitably prices the property involved; or 2) release the property owners to do whatever they wish within the zoning ordinance. The City does not own this land, he noted, and the City should make a definite decision on whether it is going to acquire i.t. Skip Crist, Crist, Crist & Griffiths, attorney, 550 Hamilton Avenue, representing M1r. Harry Beyer, property owner in the foothills, otated that he has been attending meetings on the foothills for the last four years. He reiterated the history of the foothills property, including annexation and formation of the assessment district for sewer and water facilities, and noted that since 1962 the property owners have been ascessed for water, sewers, etc. Mir. Crist spoke of the financial hardship imposed on his client, Mr. Beyer, and :also of MY. Beyer's application for exception under the hardship clause of the ordinance, which was subsequettly denied. He urged Council to take action against extending the moratorium and to settle this entire matter as soon as possible. John Norman, attorney, San Jose, representing Mi.ldred S. Ligda, 31570 Page Mill Road, stated that his client originally owned 300 acres and has already lost 206 acres through foreclosure. She anticipates that there will just be 97 acres left after the next foreclosure. He said yt is time for the rity to loft or. extend the mor rig definitely, , eenna t s" property _owners are b iug R..o__,�.*" de_initely h�* - - ownera taxed out of ownership and considered this action to be a form of confiscation of property. He spoke of the extensive debts incurred by Mrs. Ligda for foreclosure next month rising from unpaid taxes against the property. Jerry Duna, California Lands Company, spoke of his Company's 56 acres near the golf course and reviewed the history of that land and the reasons why California Lands have been unable to go ahead with proposed development. He said further extension of this moratorium will result in bankruptcy of his company, and listed the amounts- owed on the land. He said he was asked it )4ay 1371 to show good faith and await the outcome of the Plaiming Department's studies by not going ahead with development. Now it is time foes the -Council to show the property owners a little good faith by --honoring_ thei co tint _ to provide an answer within six mouths. He said staff -- required led we--requtr to give some evidence of what they have accomplished in the last six monthsee -There-is an "aure__ofem sto y"-aneroundiag- the +ratoritw. _.Why is there no --report from staff, he asked. Mr. Dunn urges _iliac staff be- asked to pre46ee their recommendations regarding possible _financing_ ;,s the foothills acts 1 and added that the City has had adequate t*Me _to rtudy this issue. _ - _,fir 1 1 1 Kari Stangenes, 465 Colorado, expressed concerns about people who degrade the City in the eyes of those who worked to make it so beautiful. Bret LaShelle, Land Resources Corporation, said his company is not now and does not anticipate .:o be a hardship case. They are, however, a political issue. He said in his opinion the issue being discussed is not the moratorium. The Council has the power to stop development and the real issue is development versus non -development. In his opinion, the foothills will be developed eventually. Council has the option to set the pattern and temper of that development. He said originally the period of the moratorium was discussed for a three or six months period and he wondered how long it would now take for staff to complete their work and return to Cv icil.. r is do something, he urged. Mayor Comstock asked whether anyone elea wished to be heard. No once wishing to speak, Mayor Comstock declared the Public Hearing hearing closed and said the item would not be returned to Council for questions and comments. Councilman Pearson asked Planning Commissioner Klein to comment on the work staff has accomplished in connection with the Open Space element. Commissioner Klein stated that the Planning Commission definitely feels the staff has been most diligent 3n its efforts. The Open Space element draft of 50 pages has been prepared and a great deal of work conducted on it. The Planning Commission spent two meetings reviewing it. Mr. Klein said the entire subject has proved to be more complex than anticipated and it is an extremely important issue. The Planning Commission feels sympathy for the landowners, but they also feel the public issue far outweighs this con- sideration. It would be tragic to rush ahead, Mr. Klein said past results of hasty planning have all too often produced bad results. This is the City's last chance to do a truly creative job of planning. He noted that there is pressure on the staff, the Planning Commission and the Council to get the job done quickly and he said he felt this _;s= .d psychology and demeaning to the staff and all concerned who aro trying to do their best job. Mr. Klein concluded that it would be wrana-to make the moratorium shorter than the one year period requested _by staff. The staff work will probably be accomplished before the year has expired and the moratorium carp, then be removed. The Planning Commission felt quite strongly that no exception should be made in the ordinance before Council tonight. Itwould be better to declare a blanket moratorium and heee anyone., who it a true hardeLlp seeee go- -- through the exemprit,n rroceAure. - Any requests for exception will be-t1eard through the wrua :.}W a and he urged Council to adopt the ordinance as proposed for a further year. Councilman Pearson reviewed the history of the annexation and assessment district in the foothills. She said ih was not true to say that there has been no property turnover in the last ten years. There has been a lot of sales end activ_=_y ep there, Councilman Beahrs stated that he could not support a full year's moratorium. He did support the concept of open space, but in his opinion financing is the key issue and evecgone is trying to duck it. Be noted that Coup+ f? Ws received no definite proposals re financing and suggested the City might be sufaetina__fie= "paralysis through analysis." In his opinion, the best approach to luch a_prob1e a_ would be a simple direct basis. He suggested matter the atter of the -moratorium to the vole of th-e -people. A long-term hoed issue would settle ell .tom . _ _�, __.. __ ""-4 x......._ _ _„ _ .,:-.-��_���:-".��.. -+.ce :��.��.� - ga.Masti�r.V �- ----4 2 6 2/14/72 Councilman Henderson said he believed that staff :tad been diligently pursuing all the questions of this complex and technical subject and that they do need more time, probably a one year extension, to move ahead expeditiously. He referred to open space legislation passed by last year's Legislature on regional parks and suggested the City would benefit from awaiting the outcome of this legislation. MOTION: Councilman Henderson introduced the following ordinance and moved, seconded by Pearson, its approval for first reading: t3RDIN, 4CF: OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDIN;,NCE NO. 2612 TO EXTEND THE MORATORIUM AND EXCEPTION PROCEDURE ESTABLISHED THEREBY FOR A PERIOD OF ONE YEAR Acting City Manager Sipel responded to Councilman Berwald's question concerning the area being studied, noting that the entire foothills area within City limits, including Foothills Park, is being studied by the staff at the present time. He said that at the end of this study Council would have recommendations before them relating to all lards covered by the moratorium. In response to Councilman Berwald's question as to whether he felt that there was true justification for extension o: the moratorium, Acting City Manager Sipel stated in his opinion there is lustif icatiou. Councilman Berwald said that he was concerned about the City's apparent insensi- tivity to some of the problems of the property owners. He said it is much more than a ratter of "inconvenience" to some citizens. The issue is the rights of individuals and some are experiencing real hardships that go far beyond inconvenience. For example, Mrs. Ina Dahl. He asked if there was anything that could be done to alleviate Mrs. Dahl's problem in connection with her property. City Attorney Peter Stone stated that the exception procedure included in the ordinance before Council is included to cover the cases of hardship. He noted that only one application has been brought before Council so far. With respect to any other particular landowners' problems, Mr. Stone said s property owner should feei free to make application for exception and the staff encourage this. The original ordinance contained the excep- - tion procedure. He said that property owners should consider applications for exemption frees the arairanee AM a nnr e1 r_ A"re in much the same Way Is they might apply for a variance or a use permit. Councilman Berwald raised further questions as to whether tax relief might be ava;lable for property owners and said he would like to see a request made to the State for some kind of relief and such relief to be retroactive to the date of the original ordinance. City Attorney Stone noted that the courts have held so far that, nothwith- standing the fact the moratorium does prevent development for a time, mora- toria are perfectly legal and nonccnfiscatory. He noted that the Legislature will attempt to come up with some legislation that will offer tax relief but he did not know at this time whether it would apply to moratoria. He understood that emergency Legislation would be considered in the -next two weeks and said staff is looking at and will continue to ldiok - at- t.':equestion- - -- of relief to property -owners wxs.r-reavecc co asaeaement distric[e. In response to a -further question from Councilman Bervald, Mr. Stone said he could_mnt guarantee the results of things that will occur in the future but he could assure Councilor n-Berweld that staff is making everyeffort_ to come up with aasessfeent relief for the pr y nwanera aiieet its hv_the moratorium., 4 . 7 2/14/72 Councilman Berwald said he would like to see investigation of tax relief included as a condition of the moratorium. Mayor Comstock said it would be difficult to make this kind of thing a condition of the ordinance. He could see it being handled by addressing a letter to the State Legislature, but not as a condition to be included in the ordinance. City Attorney Stone recommended that passage of a resolution urging the State to act on tax relief for property owners not be contained in the ordinance before Council this evening. Council may issue a direction to staff to insure that this is dc:1Ae, but he would prefer not to see it written into the ordinance. In response to a question from Councilman Berwald as to how long is required for staff to complete its study and return to the Council, Acting City Manager Sipel said staff could return within 30 to 45 days with a report on possible tax relief for property owners. AMENDMENT TO ORDINANCE: Councilman Berea?d moved, seconded by Beahrs, that Section I, Article 2, of the ordinance be amended to provide for a term of 4 months rather than 1 year extension of the moratorium. Councilman Berwald said he believed that at this time four months would be a reasonable period and he hoped that staff would do their best to complete the studies on the foothills within teat time. He also hoped that staff would meet with property owners and isolate those areas in which there are genuine hardships. Responding to the amendment, A tiug City Manager Sipel rated that a four months' moratorium would allow only two to two and one-half months for con- sideration by the Planning Commission and Council. He noted the business of the Council is so heavy that it is going to be difficult to get through with items in that kind of time. He said he felt the Council would be boxing themselves into four months. There is no magic in one year, he said but it seeuld certainly be better than four months. 1 Councilman Clark said he was not convinced that shortening the assignment period would enable the staff to return with a report any more quickly and he felt the four months' term to be unrealistic at this stage. He said he would vote against the amendment and, reborn tly, in favor of the main motion. He felt moratoria should be 'avoided aid voted reluctantly before and would vote reluctantly again this time to impose it. Councilman Clark said he felt it was appropriate to say in public that the Council has been doing considerable work in Executive Sessions concer:0-.1g the foothills moratorium and he is convinced that staff will offer a Council set of recommendations. He hoped that the Council could het..: individual hardship cases and treat them accordingly and that the staff study will be com- plete within nine mouths. Councilman Clark safe. he would like to go on record as stating that confiscation cannot be what Council is seeking and there will be assessments retroactive and eppr_opriatel handled as far as land owners are concerned. Councilman Beahrs said he was not unmindful of Councilman Clark's comments, however he felt that making the moratorium extension period one year indicated that it will be one year before anyone- cues f o a decisive/ _ _ -- - -_ � and he believed in 11/ --` eepit the preaiure on. He asked whether the maker of the amendment, C_oun i ma : Be,rwaid, w u1d be .=agreeable to a six months' extension - Cosine" linen .Bee -wets amid this would be agreeable to him. AMENDMENT TO AMENDMENT: Councilman Berwald moved, seconded Ly Beahrs, that the amendmenc be amended to state a term of six months rather than four months. The amendment to the amendment failed on a majority voice vote. The amendment failed on the following roll call vote: Ayes: Beahrs, Berwald Noes: Clark, Comstock, Henderson, Norton, Pearson, Roecnbaum, Semen The ordinance was approved for first reading in its original form on the following roll call vote: Ayes: Clark, Comstock, Henderson, Norton, Pearson, Rosenbaum, Semen Noes: Beahrs, Berwald MOTION: Councilman Berwald moved, seconded by Beahrs, that staff be re- quested to prepare s resolution, to be transmitted to the State, suggesting legislation be considered which would amend the Revenue and Taxation Code to provide relief to property owners whose property is pieced under mora- torium by any agency of government. Speaking to the Lotion, Councilman Berwald said he hoped the legislati:.a recommended would include some means whereby the City or County could obtain relief, also. Council.lan Pearson said that the Council should look into legislation that is currently being accomplished in this connection and she suggested this request be sent to committee so that Council could find out exactly where legislation on this subject Mends at this point and what Bills have been passed. Councilman Berwald said he agreed that the Council should not take hasty action. City Attorney Stone stated there are two ways this could be approached. Thee Council could express its concern over the is ue being discussed and; pass a Resolution urging the Legislature to ]took at the problem and come up with legislation to help solve it, or secondly, the Attorney's office could research this problem and see what was introduced in the Legislature last year and what Bills there are proposed to be introduced tnis year. Thin second method would be time-consuming and one that the City Attorney's office could not report back on within two or three weeks because it would ivo3•e contFct with individual Legislators. City Attorney Stone said he wu:tci.d therefore suggest the first alternative. The motion passed on a majority voice vote. Vice Mawr s_dr _L_n .otaf f for an indication of when they will opus b of to a ,,--port _ _c veriig the City's feasibility to relieve in -whole, or in part, the utilities', assessments on land in the foothills. 429 2i? 4/72 Acting City Manager Sipel responded and said that staff hoped to give Council a clear indication on this matter and will prepare a report on that aspect of the total. subject. He said staff hoped to report to Council again within 45 days. Request re ABAG General Asaerably Mayor Comstock asked Councilman Semen to speak to this item. Councilman Seman stated that on February 24 she will be voting in behalf of the City of Palo Alto on two issues. One is the proposed Bylaws amendment for the $120 across-the-board membership fee; the other is the annual operating budget of ABAG, which includes the raising of the City of Palo Alto's fees from $1,863 to $2,242 (about a 20X increase not counting the membership fee). She asked that Council instruct her separately on these two issues. Councilman Semen noted that her suggestion was that the Bylaws amendment be considered on its own merits and not necessarily become confused with reaction to the overall budget and assessment proposal. She also proposed that regardless of whether Council support or oppose the budget the Mayor be directed to communicate the City's concern about the escalating expenditure and assessment levels, particularly in fight of the increasing demands on the City's relatives; stabile low cost funding capabilitifLts. Councilman. Pearson said that she has strong feelings about ABAG and strong feelings about the increase in fes and she would vote against the increase. MOTION: Councilman Pearson moved, seconded by Comstock, that the City of Palo Alto go on record as opposing the proposed amendment co the ABAG Bylaws for the $120 across -the --board membership fee. The motion failed on a majority voice vote. Upon requests the roll was called and the motion failed as follows. Ayes: Comstock, Morton, Pearson Now Beahre, Berweid, Henderson, Rosenbaum Abstain: Clark, Semen Councilman Clark said in his opinion the ABAG delegate roust go to the meetings and get the sense of what is being proposed and vote as he or she feels to be best. HHe said there is no way for any member of the Council to instruct the ABAG delegate in advance. Council must rely on the indf -ideal's judgment in these instances. Mayer Comstock asked Councilman Semen to speak to the second itee. Councilman Semen said she appreciated Councilman Clark's remarke and the reaeot she was bringing this to the Council was that she wished to truly represent the Couneil'a opinion at her first ABAG meeting. She said that she had gathered there was a general frustration with what ABAG is doing and perhaps the boot wny to convey this frustration to the organization wo'lld be to vote "no" on the proposals before them. She asked Council for an expression of their concern about the escalating expenditure and assessment levels. f=urther discusaion ensued regarding grants that ABAG has received and their dissei intt on. 430 -2/14112 Councilman Henderson said he was opposed to the proposed overall budget increase and thought it important to instruct the delegate to express opposition on this point. MOTION: Councilman Henderson moved, seconded by Pearson, that the ABAG delegate be instructed to vote against any ABAG budget that provides for increases above what is required by the higher cost of doing business. The motion failed on a majority voice vote. There was a request for a roll call and the motion failed on the followiae roll call vote: Ayes: Comstock, Henderson, Norton, Pearson Noes: Beahrs, Berwald, Clark, Rosenbaum Abstain: Semen Interim Developreent Re ulations - wa:a7:nte a=e our.ta l �t�rea MOTION: Mayor Comstock moved, seconded by Clark, that the Council uphold the recommendation of the Planning Commission that, following the City Councils: action on the Planning Commission's recommendation to attend Ordinance No. 2612 (Foothills Moratorium), the City Council transmit the ordinance amending Ordinance No. 2612, along with an appropriate covering letter, to the Santa Clara County Planning Policy Committee in response to the letter transmitting the "Resolution Requesting that Interim Devel- opment Regclations be imposed on the Montebello Ridge Mountain Study Area". The motion passed on a unanimous voice vote. San Jose -Palo Alto Trinsit Authority: s ransportateon ran ca on POTION: Mayor Comstock moved, duly seconded, to continue consideration of the Mass Transportation Grant Application to February 22, 1972. The motion passed on a unanimous voice vote. Stroh Motion Instrumentation Pro ram Mayor Comstock asked staff to report. City Engineer H. 4. Witbeck reviewed the staff report which noted that - California recently passed into law Senate Bill 1374, better known as the "Alquist Bill". This law establishes a strong motion instrumentation pro- gram designed to provide for earthquake;secording iustrumentation in high rise buildings. It also provides that those cities whose building code already requires installation of earthquake recorders may be exempted from provisions of this law provided that various conditions 'rive been met. The City of Palo Alto has adopted the Uniform Euilding Code wherein under Section 2314 the installation of earthquake recorders is required. The staff therefore recommends that Council direct the Mayor to -apply for exemp- tion for the City of Palo A`..o. 431 2/14/72 MOTION: Vice Mayor Norton moved, seconded by Beahrs, th t the Me of be directed to prepare a written request on behalf of the City of Palo Alto to the State Geologist requesting exemption from the provisions of SS 1374. The motion passed on a unanimous voice yore. City Operational Savings and Studies (CMR:162:2) Council receivedd the report of the Acting City Manager which noted that there have been savings in the amount of $543,539 since the start of tabu- lation of savings achieved through method improvements, the Employee Suggestion Award Program, and Work Planning and Control Programs. No action was taken on this report. Re ort. of Cit Attorney re Resolution o a o : to ar sccaai Qn oncern :x 21s ng ilcum oat on sees Mayor Comstock asked the City Attorney to speak tc, this item. City Attorney Stone reported on an informational item from the City Attorney's office, advising Council that the Palo Alto Area Bar Association has endorsed the City's approach to discrimination in housing and at the Association's meeting of February 4 the committee had unanimously recom- mended a resolution endorsing the efforts of the City to end discrimination in housing based upon race, color, religion or national origin. In response to a question from C ur1cilman Beahrs, Vice Mayor Norton noted that he had been present at the Palo Alto Bar Association's meeting and there had been approxtmateiy 35 members present, 8 voted against th, endorsement and the balance voted for it. Councilman herwald thanked City Attorney Stone, Assistant City Attorney MgrilyeD. Norek, and the Human Relations Commission for a job well done. ;Enutromif— lzt*WF'214 Cit n Doseopismalwasrftwoftmw Mayor Comstock asked the City Attorney to report. City Attorney Stone reviewed his memorandum to the Council dated rebruary 10, 1972 and said that the matter of the Dixon House had now been settled with Mrs. Dixon'e heirs. He outlined disposition of the $75,000 existing in the Capital. Improvement Fund which was earmarked for the Dixon House only and said the settlement will enable the City to make whatever disposition of the Dixon House it chooses and make use of $37,500 of the total sum of $75,000 in the Capital Improvement Fund account. The other half of the $75,000 will be dispersed to the various heirs, is addition to certain furnishings now located in the Dixon (louse. City Attorney Stone noted the extraordinary length of time that this matter hea remai►:ed unresolved due to the difficulty of finding and negotiating with the Dixon heirs. He said he hoped Council would take action to settle the status of Eleanor Pardee Park and the Dixon House, which have been in doubt for at least half a century. 4.3 _2 . 2/14/72 MOTION: Councilman h3erwald moved, seconded by Henderson, approval of the settlement proposed by the City Attorney and staff and that the Mayor be authorized to execute the grant deed and agreement; that the Controller be authorized to disperse $37,500 as set forth in the City Attorney's report and that the staff and City Attorney be authorized and directed to take all other steps necessary to bring this matter to a conclusion. Vice Mayor Norton commended the City Attorney's office in reaching a very fair disposition to a very complex eueation. The motion passed on a unanimous voice vote. MOTION: Councilman Berwald introduced the following ordinance and moved, seconded by Beahrs, its adoption: ORDINANCE NO, 2646 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR TILE FISCAL YEAR 1971-1972 PROVIDING POR T E LIQUIDATION OF THE RESERVE FOR THE DIXON PROPERTY IN THE CAPITAL IMPROVEMENT FUND" The ordinance was adopted en a unanimous voice vote. Superbowl at Stanford mn' ree�.rwa��se�� Mayor Comstock recognized Councilman Rosenbaum who had requested to bring up an item of new business not shown on the agenda. Councilman Rosenbaum stated that he had heard a rumor that the Superbowl would be held at Stanford, which would result in a "blackout" of the game on television in the Bay Area. He said he would like staff to investigate this. MOTION: Councilman Rosenbaum moved, seconded by Pearson, that staff con- tact the NFL and Stanford to see whether there is any truth to the rumors that the Superbowl game will be held at Stanford and, if so, that the game would be blacked out on television in the Bay Area, The motion passed on a unanimous voice vote. San Jose/Palo Alto Transit Authority Selection of 'ro act , eer any:. Mayor Comstock asked Councilman Rosenbaum to report: Councilman Rosenbaum said the item before Council this evening is approval of the appointment of the Prc'iect Manager and the Assistant Project Manager for the remainder of the planning phase of the Demonstration Project. Each of the cities involved has been asked to take action to approve these appointments. MOTION: Councilman Rosenbaum moved, duly seconded, that the Council go on record as approving the appointment of James Boring as Project Manager and Omar Hindiyeh es Assistant Project Manager for the remainder of the planning phase of the Demonstration Project, The motion passed on a unanimous voice vote. It was agreed that this action would be conveyed to the San Jose/Palo Alto Transit Authority. 4 3 ; 7/14/72. Oral Communications 1. Councilman Pearson raeiaed a question regarding the Dixon douse funds (see previous agenda item) and whether the balance of the money was already transferred to the General Fund. Mx. A. J. Mitchell, City Controller, responded to Councilman Pearson `s question and said the money resides in the Capital Improvement Fund now and the $37,500 remaining after the Dixon heirs have received their share will continue to be in the Capital Improvement Fund, but will be unrestricted, that is that up until this point those funds had been set aside for purpose; in connection: Telth the Dixon House. The funds are now unappropriated and Council can take action to appropriate these funds for any purpose they wish. 2. Norman Guinaaso, Grant Avenue Condominium Association, addressed Council regarding the parking situation at California Avenue (North County Parking Lot) and said that the Board of Directors of his Association had met recently and expressed again the hope that the solution to the parking problem will include some kind park. offer of _oatr butior of $1,000 from of a He renewed the "P a r the Grant Avenue Condominium Association for this purpose. Acting City Manager Sipel responded to Mr. Guiassso and said staff had taken note of the Association's request and offer. Executive SeEsion The Council recessed to Executive Session from. 11:10 to 11:40 p.m. t. °.f rch 6 Cancelled POTION: Mayor Comstock moved, seconded by Henderson, that the regular sting of the City Council scheduled for March 6, 1972 be cancelled ivasmach as some members of the Council will be attending the National League of Cities Congressional --City Conference in Washington, D.C. The motion .?awed on a unanimous voice vote. Adt'urnmenat The meeting was adjourned at 11:41 p.m. APPROVED: �W R. Mayor ATTEST: 434 2/14/72