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HomeMy WebLinkAbout07241972J MINUTES cityofpaloalto July 24, 1972 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meting with Mayor Comstock presiding. Present,: Absent: Beahra, Clark, Comstock, Henderson, Pearson, Rosenbaum (arrived 7:35 p.m.), Semen Berwald, Norton Minutes of July 10, 1972 ass . seam r sems.as MOTION: Mayor Comstock moved, seconded by Pearson, that the minutes of July 13, 1972, be approved as submitted. The motion passed on a unanimous voice vote. Downtown Park North Site In the absence of Vice Mayor Norton, Councilman Henderson, on behalf of the Finance and Public Works Coun ttee, stated that the original referral had to do with the idea of installing turf, benches, and mini- mum, play equipment on Lots 8, 9, and 15. Residents of the block attended the meeting and participated in the discussion. The possibility of including other lots was discussed. A question was raised about Lot 7 which has a house on .it. City Manager Sipel said this house will soon be vacant, and the possibility of moving this home to another location was mentioned. There is a possibility of having a larger park includ- ing Lets 6, 7, 8, and 9, but the present recommendation is confined to turfing Lot. 8, 9, and 15. The committee felt it was very important to be on record as stating that in this coming fiscal year the people in the area can be assured .that no demolition or removal of homes will be taking place. The overallpark development is at least a year off. The possible exception is the moving of the home at 421 Everett. MOT/ON: Councilman Henderson moved, on behalf of the Finance and Public Works Committee, that Council approve an expenditure in the amount of $2,375 for an interim facility on the Wsverley-Everett corner as pro- posed by the City Manager and that Lots 8, 9, and 15 be turfed with the re*aining lots left undeveloped. Mayor Comstock stated that the apprcpriation of money had already been made and all that was needed was a motion for approval of development of the facility. City Manager Sipel said that the amount of $2,375 is a little misleading, because it_only covers Lots 8 and 9. _Inc1udin. Lot 25, the amount should be approximatel7 $1,000 higher, or about $3,400 on the interim project. Since funds have been set aside for the total project, approval for an interim facility lc all that is required tonight; 2 2 5 7124/77 M ling the house at 421 Everett was discussed. City Manager Sipel indicated it may rake from nine months to a year to accomplish this. The lot to .which it might be moved is still in the process of clearing title. In the interim arrangements are being made to continue to rent the house. It was agreed to delete " ..of an expenditure in the amount of $2.375" from the motion. The motion passed on a unanimous voice vote. MOTION: Councilman Henderson moved, oi; behalf of the Firance and Public Works Committee, that the Council indicate there will be no derolition of any house (not to preclude the possibility of moving the house at 421 Everett Avenue) or any long --term park development within the fiscal year 1972-73. The motion passed on a unanimous voice vote. California Land Conservation Act of 1965 Willi_amsoi1 tact_ MOTION: Mayor Comstock introduced the following ordinance and coved, seconded by Pearson, its adopti^n: ORDINANCE NUMBER 2663 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTIAG RULES GOVERNING THE ADMINISTRATION OF AGRICULTURAL PRESERVES UNDER THE CALIFORNIA LAND CONSERVA- TION ACT OF 1965, AS AMENLED, PRESCRIBING THE PROCEDURE FOR INITIATING, FILING AND PROCESSING REQUESTS TO ESTABLISH, DISESTABLISH, ENLARGE OR DIMINISH THE SIZE OF AN AGRICULTURAL PRESERVE; AND DETERMINING AND ENUMERATING THOSE USES WHICH ARE CONSIDEPED C0MFATIBLE USES WITHIN CERTAIN DESIGNATED AGRICULTURAL PRESERVES" The ordinance was adopted on a unanimous voice vote. Noise Abatement MOTION: Councilwoman Pearson introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NUMBER 2664 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 9.10 TO THE PAMC RE NOISE ABATEMENT" The ordinance was adopted on a unanimous voice vote. Reclassification of Proert 3801 East Ea shore Road, rorn -. to ' - . •ar. in.-K.enne Facilities MOTION: Councilman Rosenbaum introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NUMBER 2665 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.030 OF THE :RAMC TO CHANGE THE ZONING OF CERTAIN PROPERTY KNOWN AS 3801 EAST BAYSHORE ROAD FROM L -M -1--D TO P --C, SUBJECT TO CONDITIONS" The ordinance was adopted on a unanimous voice Vote. 226 7/24/72 Reclassification of Proyery 690 Arastradero Road from R -1:B-10 to R-1 MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Seman, its adoption: ORDINANCE NUMBER 2666 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.030 OF THE PAMC TO CHANGE THE CLASSIFICATION OF A PORTION OF THE PROPERTY KNOWN AS 690 ARASTRADERO ROAD FROM R-1:8-10 TO R-1" The ordinance was adopted on the following roll call vote: Ayes: Beahrs, Clark, Comstock, Henderson, Semen Noes: Pearson, Rosenbaum Reclassification of Prope= 690 Arastradero Road from R-1:8-10 to P -C MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Seman, its adoption: ORDINANCE NUMBER 2667 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.030 OF THE PAMC TO CHANGE THE CLASSIFICATION OF A PORTION OF THE PROPERTY KNOWN AS 690 ARASTRADERO ROAD FROM R-1:8-10 TO P -C FOR HOUSING FOR PERS:iNS OF LO,' TO MODERATE INCOME, SUBJECT TO CONDITIONS" The ordinance was adopted on a unanimous voice vote. S.:iar- and Fria a Benefit Program for rtain City Io ees Mayor Comstock stated that it would be appropriate for Council to meet in executive session before acting on the resolutions and ordinance concerning agenda item #7. NOTION: Mayor Comstock moved, Seconded by Henderson, that item #7 be considered out of order at the end of the evening's agenda. The motion passed on a uaani:aous voice vote. Fre-Delinquency Diversion Project Agreement: Addendum No. 1 (CRR:373:2) i Os.y MOTION: Councilwoman Pearson moved, seconded by Henderson, that the Mayor be authorized to execute the amended agreement between the County or Santa Clara and the City of Palo Alto to participate in the rre4e1inquent Diversion Project for the period July 1, 1972, to June 30, 1973. The c:otion passed on a unanimous voice vote. A, 11catioiI for Alcoholic Eevera a License-- Klr>aLiquors, Alma Street, Palo Alto (CMR:377:2) .MOTION: Mayor Comstock moved, seconded by Pearson, that the apple: tion for a person-eo-person-transfer of an "Off Sale General" license, Alma Liquors, 3421 Alma Street, Palo Alto, be filed. The motion passed on a unanimous voice vote. Envircnm tal Pr en o r Status Re ort an am► d roposa s ror City Manager Sipel stated that the staff has become more involved in environmental matters in the last two years. In order to do a better job, Environmental Specialist Stan Shelly was hired. His skills and abilities have helped the City in becoming more aware of environ- mental problems and possible solutions. His role is to coordinate - and to stimulate the various efforts within the organization and the community. City Manager Sipel asked Mr. Shelly to make a presentation of some of the things the City is now de.ng and is planning to do in the future. Environmental Specialist Shelly :supplemented the written report with a slide oresentation illustrating what the City is `Tying to preserve and some of the problem areas such as noise, refuse disposal, air pollution, and tvaffic. Councilman Seahrs stated that it was encouraging to see the staff alert to these problems, and he was pleased to have this report. He said he is appalled to see the neglect in permitting individual properties and neighborhoods to deteriorate, as we_1 as downtown. Some of the people who are most loud in complaints about impacts on ecology are the people who are most neglectful of their immediate environment —their own home and landscaping. Pe said he hopes this can be improved. Coincilwoman Semen said she was interested in the section of the report (p. 11) on neighborhood maintenance and improvement and asked when Council could expect to hear more about this. City Manager Sipe/ responded that he would estimate staff will report in about 90-120 days in term of Council's goals and objectives as they relate to neighborhood maintenance, etc. Councilwoman Semen said that she is aware that there is an ABAC SPUR proposal far solid waste disposal which calls for barging solid waste up to the Delta and using it to strengthen the dikes. She asked whether the City is aware of this and staff's recommendation regarding support of the proposal. City Manager Sipel responded that staff is aware of the pi-oposal and has discussed it with the people who prepared it The position of staff has been supportive of the plan generally, but how it might be applied to Palo Alto specifically has not been determined. He said that staff 4.11 prepare a brief report for Council on the subject. The report entitled, "The Environmental Program Status -Report and Proposals" was received without action. 228 7/24/72 Piimliiftl---2 4FW*2""-neM-1121111- e Cit scr nation in riv ae s _ C`ty Attorney Stone reviewed his report dated ,July 20, 1972, regarding racial discrfelnation in private clubs. He noted that AB 2379, which will be heard by the Assembly Committee orb Government Organi- zatioe in Novembe•,, u:d, in effect, forbid the issuance of an alcoholic beve,av'ticeuse to any group which discriminates. If it is th= Council's ;>oIicy to move in this direction, it may wish to adopt a resoluttia urging approval of AB 2379. The City Attorney's office hes concluded that the City does have some freedom to place a restriction on arse permits granted for the dispensing of alcoholic beverages against those applicarta who discriminate on the basis of race, religion, or national origin. However, we believe that that action ; hould be taken only if AB 2379 fails. :onciide that the City of Palo Alto may not deny, regulate, or etro its e:sentiai municipal services tieing as a criterion dis- :tiainatory practices of the user. Ho -fiver, in those cases in which the g)vcr melt acts s!gnificantly, pare cularly in granting a privilege aech as a efe permit, discrtminaticn may not be aided, abetted, en- couraged, nor cend'oned, Mr. Stone continued. At a iater date the City Attorney's office plans to report on dis- criminatory practices of groups requesting exclusive use of City property such as buildings and parks. That subject will require a different analysis. Mayer Comstock raid that as he un, t stands it, the use permit may permit au crganizatio,i to operate, but only to do certain things, such as sell alcoholic beverages u,Yder an ABC permit. He asked if that is to way ie which the uee of the use permit is being discussed. City Attorney Stone responded that the use permit is a control of_the use of property wherein the use of that property may not ue precisely fitted to the coning iitended. Staff feels that the granting of an AEC license to a group or person is a privilege granted by the state and not aright. The City hes a right to contest the issuance or transfer t,f a license and has used that. tight many times in the past, The City also has a right under the use permit procedure to require a :ror,discrimination statement or affidavit by persons who wish to use that property in a certale manner. Mayor Comstock asked if some group wishes to exercise the right of free association and the state law is not amended and they receive a liquor license, could the City's use permit then say you may carry out your activities with the exception of the sale of beverages through the ABC license. City Attorney Stone responded that staff believes that would be an appropriate structural procedural use of the use permit. Councilman 3eahrs complimented the City Attorney on an n. f analysis and expressed interest in the distinctions )Dose Lodge case. He wondered who is going to be able as compared to result. Short of legislative action at he did not see haw anything could be clone. City Attorney Stone responded that in all previous cases the court has been very careful to stay away from having to decide whether or not excellent lob drawn in the to prove intention the national level, 229 7/24/72 the discrimination is bad because it is intended or bad because it exists. All the prior cases have held that it is the result that counts. Little publicity has been given to the distinction drawn by this court, and he is not sure whether this distinction is intended or not intended. He said he suspects it is not intended and expects a reinterpretation in the future. However, he indicated he does not expec:t an outright reversal in the near future. Councilman Beahrs stated that intent is very important in criminal law. He said he feels that we are reaching the point where the line is most difficult to draw. There are so many means of avoiding stringent requirements in this area. Unless the principle is set forth in the bylaws or other documents of the organization, it is very difficult to prove. He said he feels we are reaching the point where human freedom is as important as anything to consider. MOTION: Councilwoman Pearson introduced the following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4626 EN;: I T LED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUPPORTING AND URGING PASSAGE OF ASSEMBLY BILL 2379 BARRING POSSESSION OF STATE LIQUOR LICENSES BS PRIVATE CLUBS PRACTICING DISCRIMINATION ON THE BASIS OF RACE, RELIGION, OR NATIONAL O IGIN" Councilman Rosenbaum asked in view of the Suprt trie Court action with respect to the P.,nnsylvania cr;se, Why would AB 2379 :not be struck down. City Attorney Stone responded that the court die ;-.ot say that a state could not prohibit discrimination in those cases in which it granted a license. It stated that if the state chooses trot to make that kind of distinction, the failure to make it is not unconstitutional. He said he feels it is very clear that the granting of a license is a privilege and that the requirement that the group receiving the license not discriminate is clearly within the constitution. Councilman Beahrs stated that he intended to vote against the resolution. He said he feels it goes beyond what is proper at this time. The resolution was adopted on the following roil call vote: Ayes: Clark, Comstock, Henderson, Pearson, Rosenbaum, Semen Noes: Beahrs MOTION: Councilwoman Seman moved, seconded by Comstock, that Council: 1. Authorize the Mayor and City Attorney to testify in behalf of AB 2379; 2. Authorize the Mayor to urge support from his fellow mayors throughout the state for this bill; and 3. In addition, that the matter be referred to Palo Alto's Human Relations Compassion informing it of Council's actions and urging the Commission to work with other Human Relations Ccm mi3sions throughout the state to get AB 2379 passed. The motion passed on a majority voice vote. 230 .7/24/72 Jordan Junior High School Tennis Courts: Bids (GMR:378:2) MOTION: Mayor Comstock roved, seconded by Beahrs, that the City Council _reject all. bide. Councilman Henderson inquired about the possibility of costs rising considerably betweet now and spring, 1973. He wondered if the bid received were legitimate and possibly the City's estimate was too low. City Manager Sipel responded that he couldn't guarantee that the bid is going to be Icwer. He said he feels that when a bid cones in sub- stantially higher than the estimate, it should be rejected. He said there are many variable factors that exist in this case, and future bids may be lower. He said that he doubted if they would be as low as the original estimate, however. Councilwoman Pearson said she hoped the City would try to get bids before winter. Also, she said there was a report at one time from the Tennis Association which talked about various surfacing of courts. She asked if they Were concrete and could this be a cost -saving factor. City Manager Sipel responded that the surfacing that is provided in this case is generally in line with what was agreed upon in the earlier study. The main problem with these particular courts is that it is an overlaying situation which is more expensive than other types of construction. Staff hopes to get the bids out in early spring so that the contract can be awarded approximately in May and the contractor can begin early in Ju.e if it is determined that the summer months are the only time the courts can be constructed. Councilman Beahrs commented thar if the City wants more tennis courts, perhaps some thought might be given to reducing our specifications. City Manager Sipel responded that the standards were developed in con•- iunction with tennis players in the community. With respect to this particular project, staff will take a look at the :standards and see if they. can be reduced a little. Councilman Beahrs commented further that the Pa.o Alto Tennis Club takes over Rinconada Park's courts rather regularly and perhaps the casual player should beprovided mere courts. The motion passed on a unanimous voice vote. 2 uest for Polio and Procedures Committee Review of Revised Council .er Election Process Mayor Comstock referred to his memo to Council dated July 19, and also Councilman Berwald'a letter of July 20 regarding this item. He said that he had had a discussion with Councilman Beiwald about hie memo and clarified his question about districts or wards. The matter of con- tinuance, as suggested by Councilman Berwald, was the Council's pleasure, but his anticipation was that the bulk of discussion about this motion would take place in committee. MOTION: Mayor Comstock moved, seconded by Pearson, that the Policy and Procedures Committee review, with apprgDriate staff assistance, a proposal to elect City Council members by numbered seats and that the victor in such race be required to have a majority vote. 2 3 1 7/24/72 Councilman Beahrs commented about the timing of this and said it seemed unfortunate to him that when so many propositions were sub- mitted to the electorate at the last election that this wasn't included at that time. He wondered about the purpose of this pro- posal. He felt the present system has the advantage of diffusing political power. He asked why Mayor Comstock feels a change is indi- cated , or desirable. Mayor Comstock responded that the key issue of his proposal, as compared to the present system, is whether or not there is a specific and definite requirement that each candidate be elected by a majority vote. The present system makes it possible that almost every person in a five -man race might agree on a fifth -place choice but not first, second, third, or fourth, so that everybody's fifth -place choice comes in first. Mayor Comstock further stated that as far as taming is concerned, he is not in a hurry. If this is not voted on in November, that is Council's pleasure. Councilman Beahrs asked if•it were.stipulated that everyone elected to the Council must be elected by a majority, how many runoff elections :Night be required. Mayor Comstock responded that this system at the most can generate only one runoff. Councilman Clark commented that he would prefer not to refer this to committee. -The present system has worked very well, and change comes when chap ,e is appropriate. He said he feels there _ `lave not been many it':stances when people who were not competent have run for the Council. He comeented norther that he could see many opportuni- E. .e . for the kind of political activity which he felt should not be encouraged in Palo Alto. While he would rather not have this 'subject referred to any committee, he would prefer that it be sent.to an ad hoc committee, such as the Citizens Charter Review Committee which existed a few years ago; Councilleoman Semen said she felt the proposal was very much at the heart of the democratic process and that she would like to see it expiored and studied. She said she would support'referral to committee. Councilwoman Pearson, -,stated that she would support referral to com- mittee also. She safe; a lot of input could be received from staff and that she felt sure political scientists and the League of Women Voters would be glad to work on this subject. Councilman Henderson commented that he could not be.gin.to make.a decision tonight. He could see no.reason not to go to committee to study the proposal in depth. Councilman Rosenbaum stated that he was afraid - a great deal of time might be wasted and that he was not going to support a change of this sort unless he saw some clear-cut advantages over the existing eysteas. He said -that in connection with timing, he thought it should - be clear that nothing vas going . to be done for the tNov ber ballot, and What is proposed is.not going to affect the next Coun`1;. election. Councilman beahrs commented that if this is referred to a (ounci) cer mi. ttee, it would be his hope that the committee would require __: - quo$ tion of this magnitude to be considered by as _objective committee of citizens. 2 3 2 7/24/72 The referral motion passed on a majority voice vote. MOTION: Mayor Comstock moved, seconded by Pearson, that the -Policy and Procedures Committee, with staff assistance, review the possibility of immediate seating of newly elected Council members. Councilwoman Semen commented that she could support this and ..hat going directly into office seemed a healthy way to avoid having a lame duck council. Councilman Beahrs agreed that lame ducks are not too effective, and political decisions art suspect.`:However, a newly elected official is in a state of utter exhaustici, and he wondered how effective he. might he even as compared to a lame duck, possibly not too effective. Councilman Clark conented that he still has faith in the people who are elected doing a decent job even for the time they are lame ducks. There is a smoothness of transition that comes from a certain period of delay . From a practical standpoint, there are such things as being in the middle of budget considerations with the budget being approved in that interval. The difficulty of bringing a new group in immedi- ately, to make decisions on information that is second hand to them, is not in the best interests of the City. A period of time to get adjusted, to sit in and have councilmen who are still active participate with the newly elected candidates is good. He said he would oppose this motion also. Councilman Rosenbaum said that having gone through a recent election, he thought a rest period was useful. Although the incumbent has also been campaigning, he has four years of experience. He favored not refer- ring the matter to committee. Councilwoman Pearson stated It is the way it is done in is not exciting, and once a that she would certainly support this. most cities. Watching a lame duck council person is elected, he is eager to begin. Councilman Henderson commented that the only advantage to the delay was being able to attend committee meetings, meet with staff, and generally prepare to take office. He saw the question o,`.lame duck as serious and would like to have it studied. Councilman Clark said that as soon as someone decides not to he could be considered to be /are duck. If honorable people going to do their test during the last five weeks in office, falls to pieces. The referral motion passed on a majority voice vote. Re uest for Staff Retort and Draft .11.12...111142.1ailgraamzUllil run are the again, not system Mayor Comstock referred to his memo to Council dated July 19 1972. iPTIoe : Mayor Comstock moved, seconded by Pearson, that the staff be' directed to prepare a report and draft a resolution in support of SB912. Responding to a comment by Councilman Beahrs, City Attorney Stone said that the City does not have the right . sander state lea to file litigation on behalt of the City with respect to false and misleading advertising. If passed, SB 912 will simply add the City Attorney as a prosecutor of choice. He added that should this bill pass, before his office would act, they would get authorization from the Council, because it would deal with rather high impact cases. Councilman Beahrs said his understanding is that this legislation is necessary if the City is to be an actual participant in the litigation and bYneficiary of any results. City Attorney Stone responded that that is correct. Councilwoman_ Seman commented that the City Attorney's memorandum said that the bill addressed itself to problems that have occurred in our own community and that the staff would speak to that. She asked for those comments. - City Attorney Stone stated that in the last year or so, his office has received an increasing number of inquiries from citizens regarding false and misleading advertising and merchandising. He said that in every case these calls must be referred to the district attorney. The district attorney's office does its best to prosecute, but they are Belted by virtue of staff, monetary resources, or knowledge of the co_niunity`s needs or requirements. Councilwoman Pearson commented that there is nothing more annoying to her than false and misleading advertising and packaging, and it is something more legislators should take a stand in opposing. The motion passed on a unanimous voice vote_. Westbay Opera Group Petition and Referral to CAPA Councilwoman Pearson nnmrsented on an article in the PALO ALTO TIMES on July 22 regarding a petition from the Westbay Operanroup which uses the Palo Alto Theater and had petitioned to the City Arts Director for a reduction in prices. Mr. Longacre referred the petition to a group called CAPA which is supposed to review this and give Mr. Longacre a report. Councilwoman Pearson felt that the petition should have been presented to the Council, and the question should have been posed to the Finance Committee as to whether a group should be given this relief. City Manager Sipel responded that fees and use of City facilities ate established by the Council but that he felt that it is within the realm of staff activity to evaluate such requests unless they come addressed to the Council. He said staff has attempted generally to work with community groups whether they be special interest or general interest groups. He fet Mr. Longacre's desire to get CAPA's reaction is part of the long --term program and desire to improve relations with groups in the arts. He said he would be happy to look into the matter and report to Council in the near future. Councilwoman Pearson, said she would like a report from Mr. Longacre as to why he referred the matter to another group. - Councilman Rosenbaum commented that he is a member of CAPA, which is an organization of people who are interested in the performing arts, 2 3 4 7/24/72 He felt it was appropriate that Mr. Longacre asked for CAM's opinion. He did not wish to discourage .staff from taking action of this sort. Councilman Clark commented that he thinks it is extremely important that things be handled at the staff level and only come to Council when there is an impasse. He felt such a request should be handled on a non-political staff basis. Durbartor Brid,ge Councilman Henderson commented that the Dumbarton Bridge developments continue to come at a rapid and mysterious rate. Last Thursday Senator-Ho1rdahl, author of the Senate Bill, succeeded in convincing his colleagues to remove the amendment allowing review by the Metropolitan Transportation Commission. The Assembly had added the provision for review by the "TC, and if the MTC had not disapproved construction of the bridge by January 1, :974, construction could commence. The bill now goes to the Assembly --Senate Conference Committee for negotiation. Carlos Bee's Asseebly Bill, whi=h was approved by the Asse•eblv and now before the Senate, contains no provision for HIC revie'r'. Apparently Palo Alto is the only community that has taken a strong position against a new numb arten Bridge. There is a possi- bility of a bridge approach connecting to University Avenue over which Palo _Alto would not have approval rights, since the connection would he !lade outside Palo Alto city iIt 1`s3. Since iwents are happening so rapidly, he said he felt that Council should take action to direct staff to move at its gown discretion on this subject rather than having to come to Council for direction after each new developr^ent in the situation. MOT lc.h : Councilman denderscn moved, seconded by Eeah rs , that the Council authotiee and direct the City Manager and City Attorney to testify before the State Legislature, to prepare resolutions for Council support, and to tar, any toner actions deemed necessary to continue presentation of Palo Alto's position concerning corstruction of a new Dumbarton Bridge. Mayor Comstock asked Councilman Henderson what he meant specifically by "Palo Alto's position." Councilman Henderson replied that he asstused Council had stated it by previous actions,'but the basic step that is absolutely necessary is to see that the proposal. for the new bridge does go before the Metro- politan Transportation Commission. Any attempt hypass MTC is a great disservice to all of the communities in ddehsy Area, and he said, he felt any other approach is railroading, City Attorney Stone saeid he Would assuei also that the City's position is very firm with rcepedc to. the requirement that there be City approval of any approach for offloads into the •_ity or more particularly, which would go through the c t ye Councilman Henderson ag,-eed and said this also included the University Avenue proposal, because even though it isn't in the city, it would certainly have an effect. Councilwoman Pearson commented that in talking about connections into Palo Alto, you are also talking about Erbarcadero and Oregon Avenue, in addition to University Avenue, because those three are. nor under cot ideration. • 2 3 5 7/24/72 See Page 262 Councilman Henderson added that for many years Palo Alto has facilitated the flow of traffic between major freeways, to the increasing concern and general irritation Of the citizenry. He alluded to a newspaper report which he found discouraging in which Mayor Bonde of Menlo Park expressed approval for a new Dumbarton Bridge but recommended approaches be from Ernbarcadero or Marsh Road, which nicely sets r:znlo Park up to escape carrying its responsibilities and bearing its fair share of traffic. He said he felt it is time for other communities to do better by the regional needs. Responding to a question from Councilwoman Pearson, City Attorney Stone stated that It would be necessary to wait and take a look at the final legislation before establishing grounds for any future litigation. Another factor is whether federal funds are to be used. The motion passed on a unanimous voice vote. PPC Pro csed Action Re `;es ba Associates Suit . _t.- 0®Y1.�l...L..w aesi�rr---- NR.e•e.. aod of Palo Alto Resolution of July 7 . NONO Councilman Clarle reported that he had received e request of PPC of =CC th_'t the City endorse AB 1479, which provides funds for the defense against `W'etbay by the appropriate state facility. He warted it on record that Council took that action July 17, and a copy of the resolution was forwarded to the PPC. SB 1118 ---Subdivision Ma Act Revision Councilwoman Seman stated that Council's packets contained a legisla- tive bulletin from the Lague of California Cities with an urgent plea regarding support of SB 1118, subdivision map act revision. This change would give maximum regulation and control of subdivisions to cities and counties to assura:that land development is in accordance with local planning policy. Since there is not time to wait for a formal resolution to be drawn and presented to Council at the next meeting, Councilwoman Seman presented the following motion: MOTION: Councilwoman Seman moved, seconded by Henderson, that the Mayor be authorized to communicate Palo Alto's endorsesaeaz cf SB 1118 (Subdivision Map Act). City Manager Sipel responded that staff would be happy to send a telegram endorsing this bill. The motion passed on a unanimous voice vote. Retention of Sonoma County as Part of the axe any tea Cunt)pp) gg ono ann n tea i1NlMNANSIlI�l�9l�rNl.!!4 .IN��ili/J. Counci iwoman Seman repox ted that as a folio up to Resolution No. 4608, which was passed in support of retaining Sonoma County as part of the Nine Bay Area County Regional Planning Area, her initial report indicated that Sonoma County was out, of this area based on a wailed -in vote.' Since then the Attorney General's opinion has been received that the mailed -in vote was invalid, and she wished to report that Sonoma County is being retained as part of the Nine Bay Area County Regional Planning_ Area: 236 7/24/72 Letter from California Avenue Area Development 4,ssoc at cn nc. ate unA Re art west omen o rc, an Kerman t.- :374:2) Mayor Comstock acknowledged receipt of a letter dated June 29, 1972, from the California Avenue Area Development Association requesting that the City initiate action to acquire the privately owned parcels on the northwest corner of Birch Street for the California Avenue Parking Diatri-t, resulting in the parking assessment district acquiring control of the entire half block hounded by Birch, Ash, Sherman, and Jacaranda Lane, which would facilitate future parking garage design or other possible multiple use combinations. MOTION: Councilman Beahrs moved, seconded by Comstock, that staff be requested to formulate a report on the subject of initiating assessment district proceedings for Council consideration. Mayor Comstock recognized a member of the audience who had requested to speak. Dave Wright, 244 Oxford Street, representing Central Palo Alto Residents' Association, urged caution in hurrying this matter through, reminding Council that the site is -presently used for housing, and what is being proposed is parking spaces. Councilwoman Pearvon said she s'ould like to see a report on the housing and what sill happen to the places presently occupied. City Manager Sipel stated that no hasty action is indicated. There are just, too many variables in this entire matter. Staff will be considering the county parking lot and also the needs for housing in the area when they come back with a report indicating the proceedings that could be followed if the Council decides to form an assessment district. He added that a recent request has been received from Stanford University inquiring as to the City's interest in purchasing the vacant lot at the corner of Cambridge and Birch. -Councilwoman Sean said she wished to make it clear that in supporting this motion, she is interested in receiving a report but is not indicating that this is tacit approval to go off in this direction and not consider any other directions. The motion passed on a unanimous voice vote. ©rr's' Communications No one wished to address the Council at this time, and the Mayor announced that the Council would adjourn to executive session: Executive Session The Council adjourned to executive session from 945 to 10.45 p.m. to discuss personnel matters. Sala and Frin e . Benefit Pro ram ar ert� tt ty mp ©yeea : 5:2) Mayor Comatoock stated that a member of the audience wl shed to address Council pt 'this tiae. 2 3 7 7/24/72 Gilbert Barreira, 1571 Lilac Lane, Mountain View, Vice President of IAF'F Local 1'9 here in Palo Alto, spoke in opposition to the package offered firemen as a result of the negotiations and said that the Palo Alto Fire Department feels that it deserves the top wage of benchmark cities and that the average is not proper, since a number of City employees no longer can afford to live in Palo Alto. He said that the firemen have decided to be politically active in the future and endorse labor people Mayor Comstock complimented Mr. Barreira on his- andor and said the Council had had a tough job negotiating and agreeing on the package for City employees, and particularly the long-term package for firemen._ MOTION: Mayor Comstock introduced the following resolution and moved, s-:onded by Pearson, its adoption: RESOLUTION NO. 4627 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY Or PALO ALTO ADOPTING A COMPENSATION PLAN FOR CLASSIFIED AND CASUAL PERSONNEL (EFFECTIVE JUNE 26, 1972) FOR THE FISCAL YEAR 1972-1973" The resolution was adopted on a unanimous voice vote, MOTION: Mayor Comstock introduced the following resolution and moved, seconded by Clark, its adoption: RESOLUTION ION NO. 4628 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR FIRE DEPARTMENT PERSONNEL (EFFECTIVE JUNE 26, 1972) FOR THE FISCAL YEAR 1972-1973, 1973-1974, AND ENDING JANUARY 1, 1975' the resolution was adopted on a unanimous voice vote. %OTION: Mayot Comstock introduced the following resolution and moved, duly seconded, its adoption with an amendment to Page 3 of the Compensation Plan for Management Personnel adding an expense allowance for the City Attorney of approximately one hundred dollars per month: RESOLUTION NO. 4629 ENTITLED "RESOLUTION OF ,THE COUNCIL OF THE CITY OF PALO AlTC ADOPTING A COMPENSATION PLAN FOR MANAGEMENT PERSONNEL FOR THE FISCAL YEAR 1972-73 (EFFECTIVE JUNE 26, 1972)" The resolution with the amendment included above passed on a unanimous voice vote. MOTION: Mayor, Comstock introduced the following tesolution and moved, duly seconded, its adoption: RESOLUTION NO. 4630 ENTITLED "RESOLUTION OF ThE COUNCIL 0FTHE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR COUNCIL APPOINTED OFFICERS EFFECTIVE JUNE 26, 1972" The motion passed on a unanimous voice woze. MOTION: Mayor Comstock introduced the following ordinance and moved, seconded by Pearson, its adoption: 2 3 8 7/24/72 ORDINANCE NO. 2668 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-1973 TO CHANGE THE CLASSIFICATION OF CERTAIN POSITIONS IN THE RECREATION DEPARTMENT" The ordinance was adopted on a unanimous voice vote. Lift f?r Humanf Mayor Comstock noted that on August 19 at Cubberly High School, there will be a competition, Lift for Humanity, and he said he wished to issue a challenge to other mayors in the vicinity to participate in this weight -lifting event. E Kpi utioa of Plannin Commission Terms Mayor Comstock noted that the terms of tuo Planning Commissioners will expf.re July 31, 1972. and the Council will be interviewing and con- sidering candidates fat these positions if it is decided not to reappoint the i::cucberits. He asked members of the public who are interested in serving on the Planning Commission to submit their nano to the :Mayor's office or the office of the City Clerk. Adjournment The meting was adjourned at 11:00 p.m. APPROVED: f:V4A LA") Mayor ATTEST: City Clerk 2 3 9 7/24/72.