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HomeMy WebLinkAbout08281972MINUTES city of palo alto August 28, 1972 The City Council of the City of Palo Alto met on this date at 7:40 p.m. in a regular meeting with Vice Mayor Norton presiding. Present: Berwald, Clark, Henderson, Norton, Pearson, Rosenbaum, Senan Absent: 3eahrs, Comstock Approval of Minutes of August 14, 1972 Councilwoman Pe.Irson requested a correction be made on Page 268, final paragraph or: the item on the use of biocides, She suggested that for clarity this paragraph read as follows: "Mr. Haug responded that almost everybody realizes the irportance of pesticides, but everybody has to be involved. He said the City can use all the nontoxic m.terials, but if our neighbors and residents do not, the City is such a small percentage that its part is small." Councilwoman Pearson also noted that on P -e 267, second paragraph from the butt , first line, the word "parking"y should read "park," referring to the "park north of Lytton." MOTION: Vice Mayor Norton moved, seconded by Pearson, that the minutes of August 14 be approved as corrected. The motion passed en a unanimous voice vote. Resolution of reciation to is ar . m t Jr. MOTION: Vice Mayor Norton introduced the following resolution and moved, seconded by Clark, its adoption: RESOLUTION NO. 4640 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO WILLARD C. SMITH, JR. FOR OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous voice vote. Resolution of Appreciation to Peter Sabin MOTION: Vice Mayor Morton introduced the following resolution and moved, seconded by Berwaid, its adoption: RESOLUTION NO. 4641 ENTITLED) "RESOLUTION OF ThE COUNCIL OF THE CITY 01' PALO ALTO CEDING PETER SABIN AS A MEMBER OF THE AD HOC ARCHITECTURAL DESIGN REVIEW COMMITTEE FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous voice vote. 3 0 5 8/28/72 Resolution of Appreciation to Rodneyr Heft MOTION: Vice Mayor Norton introduced the follc"ei.ng resolution and roved, seconded by Seman, its adoption: RESOLUTION NO. 4642 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING RODNEY HEFT AS A MEMBER OP THE AD HOC ARCHITECTURAL DESIGN REVIEW COMMITTEE FOR HIS CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous w.ojce vote. Resolution of Appreciation to Mary Gordon MOTION: Vice Mayor Norton introduced the fallowing resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4643 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY Or PALO ALTO COMMENDING MARY GORDON AS A MEMBER OF THE AD HOC ARCHITECTURAL DESIGN REVIEW COMMITTEE FOR HER CONSCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous ,voice vote. Resolution of Appreciation to Frances Brenner MOTION: Vice Mayor Nortcn introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4644 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CO4MENDING FRANCES BRENNER AS A MEMBER OF THE AD HOC ARCHITECTURAL DESIGN REVIEW COMMITTEE FOR HER CONSCIENTIOUS AND OUTSTANDING PUBLIC SE VICE" The resolution was .dopted on a unanimous voice vote. Resolution of Appreciation to Walter Stromnuist MOTION: Vice Mayor Norton introduced the following resolution and moved, seconded by Be rwald , its adoption: RESOLU 'It NO. 4(45 Eii iTLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING WALTER S'T aIMQUIST AS A TIER OF THE AD HOC ARCHITECTURAL DESIGN REVIEW COMMITTEE FOR HIS CON- SCIENTIOUS AND OUTSTANDING PUBLIC SERVICE" The resolution was adopted on a unanimous voice vote. Vice Mayor Norton then recognized Mr. Rodney Heft. in the audience and presented Kr. Heft with a parchment copy of the resolution of appre- ciation. He noted that a letter had been received from Hr. Walter Stromquist expressing regret that he could not be present this evening, and he said that the other resolutions would be mailed to the recipients. 3 0 6 8/28/72 Taxicabs and other Vehicles for dire Ordinance MOTION: Vice Mayor -Norton introduced the following ordinance and moved, seconded by Pearson, its adoption: ORDINANCE NO. 2677 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CERTAIN SECTIONS OF CHAPTER 4.42 (TAXICABS AND OTHER VEHICLES FOR HIRE) OF THE PALO ALTO MUNICIPAL CODE" (first reading 8/14/72) The ordinance was adopted on a unanimous voice vote. Change of ZaninL 1176 Emerson Street from T-2 to P --C MOTION: Vice Mayor Norton introduced the following ordinance and moved, seconded by Henderson, its adoption: ORDINANCE NO. 2678 ENTITLED "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.030 OF THE PALO ALTO MUNICIPAL CODE TO Cl'ANCE THE ZONING OF CERTAIN PROPERTY KNO N AS 1176 ARSON STKEET FROM R-2 TO P -C, SUBJECT TO CONDITIONS' (first reading 8/14/72) The ordinance was adopted on a unanimous voice vote. California Avenue Business District Bicycle Lanes MOTION: Vice Mayor Norton moved, seconded by Henderson, to move Agenda Item #12 up on the agenda for consideration at this time. The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, seconded by Pearson, to refer the matter of the California Avenue Business District Bicycle Lanes to the Finance and Public Works Committee. Councilman Berwald said he would oppose referring this to the committee for the following reasons: He felt the staff has worked on this bike route for many months and that almost all of the considerations have been discussed for the various alternative plans. Staff has screened these plans down to two plans and has recommended that the Council deliberate on one or the other of the two final plans. He said he thought it was unnecessary to delay a final derision any further at this time. He also pointed out that whichever choice the Council rakes, only one requires permanent changes, and the only work to be done on California would be striping. If it does not work out, Council can change it-withott changing the lanes. Councilwoman Semen spoke is favor of referring this matter to the com- mittee for citizen participation in informal discussion which she felt most essential. She would prefer to see it go to the Policy and Pro- cedures Committee instead, since the Policy and Procedures Committee has been concerned in other traffic situations in the city, such as the Olive -West Meador; traffic problem. 307 8/28/72 SUBSTITUTE MOTION: Councilwoman Seen moved, seccnded by Horton, to refer the California Avenue Business District Bicycle Lanes to the Po1ica- and Procedures Committee. Councilwoman Semen asked staff to comment. City Manager Sipel said he felt that staff had all the information available for Council to make a decision this evening. Councilman Clark said he would prefer to see the plan started now, and he could not see what is going to be achieved i.n committee. Vice Mayor Norton said that with eleven plans before Council, it might happen that they get bogged down into an engineering -planning study this evening. H8 could see to urgency to implement the bike route in this particular section of town, and it could be delayed and handled separately. He felt there were:some questions thet should be dealt with at greater length than Council had to spend on it tonight. Further discussion ensued regarding whether the Finance and Public Works Committee would, in fact, be the more appropriate committee. City Manager Sipel commented that the Finance and Public Works Committee *night be able to hear this matter earlier than the Policy and Procedures Committee which is heavily enc=-�TM},^r=d with items ! ���.. -.s..=i a�jGit40 l�E'L`iJ for future meetings. He said the Finance and Public Works Commirtee might be able to clear this within the next thirty days. The substitute motion to refer to the Policy and Procedures Committee failed on a majority voice vote. The original notion to refer this matter to the Finance and Public Works Committee passed on a majority voice vote. Webster Site: Property Manaeesment (G R:422:2) Vice Mayor Norton noted that Council is in receipt of a very complete report from the staff on' various matters affecting the Webster site acquired by the City in recent months for the eventual purpose of development of low and moderate income housing. City Manager Sipes, commented that there is' an interrelationship between this subject and_the assignment going ore concurrently with the Rousing Corporation, the Planning Com.issfon, residents of the area, and staff. This report, which is significant at this time, relates only to the interim use of the property for residentlel purposes the property management please of the total project. It is the -first time the City has evaluated the subject in relation to housing codes, rehabilitation, and relocation assistance, Per that reason the report-ia longer than it otherwise i ctuld have been-, The staff it making recommendations that are interim in nature, i.e., due of the homes to be rehabilitated on a cooperative: basis with the prospective tenant, and that rehabili- tation -of the remaining homes not be accomplished until a develop ent plan for the site has been approved by the Council or until the Council makes a dettsion on ultimate development of -the property. Staff is also suggesting a'Council policy decision on relocation. Bernard L. Pavioski , Director of Inspectional Services, showed slides of the existing hones . at - the Webster Street site. ` He said that the City has had the utmost Consideration for the people who are tenants in the existing houses. Be then referred to the seven recommendations contained on Page 8 of the staff report_and asked for Council's favorable consideration. 3 0 8 8/28/72 Councilman Rosenbaum questioned the recommendation suggesting the rehabili- tation of 690 Channing by a tenant. He said the -future of these houses is uncertain; yet the City is offering an individual the chance to.work fog a period of months on -a structure which may possibly have to be torn do=w in connection with future development. --He askew whether -this aspect had been discussed with the prospective tenant. Mr. Pawloski responded that such a possibility had been discussed with the prospective tenant. Staff feels that this house, which is at one of the remote corners of the site, has a greater possibility of. remain- ing. Also, this process provides An cpportunity for the City to see what possibilities exist with that kind of rehabilitation. In response to questions from Councilman Rosenbaum and Vice Mayor Norton as to the tenant's understanding there may be no commitment on the City's part beyond the agreed time to keep the house, City Manager Sipel replied that staff has reviewed the terms of the potential agreement with the pro- spective terant. He has agreed informally to do these things and realizes it is a gamble on his part that the house will be available beyond that per: od, but economically the agreement is sound for both parties for the tern stipulated, which is two years. The two-year time period is acceptable to the tenant. The agreement has not been finally drafted, but the terms are as stated. It has been discussed verbally with the tenant that the house may ultimately have to be removed. COUnellihan RUNCieiiAiiii askeki j.i Lila CiLy cat, juaL ly i locaiioat pdyeu iiis for current tenants and on what basis the City would be able to deny them for new tenants who might move in in the :meantime. Mr. raKloski replied that this had been discussed at length on the staff level, and staff felt that in acquiring the property, it wasn't known what would happen with the people and felt it would be the City's obligation to relocate them. From this point forward the City can establish firmly that future tenants will move in with the understanding that the City will not .relocate them. City Manager Sipe? added that it is clearer now than it has been for years what the use will be for that property. The City knows with some certainty that there is going to be a low -moderate income housing project there. The density isn't known and which houses will remain, ',f any, is not known at this time. Councilman gerwald stated that he also had some questions about the manner of rehabilitation of 690 Channing and the procedure for the timing of it. He said, in his opinion, it may be too early to farce one house and rehabilitate it and then either lock out that site for other develop- ment or waste several thousand dollars in the process and the time of the tenant. He referred to recommendation #2 which suggests deferring any additional rehabilitation of existing houses until a development plan for the site has been approved by the Council. All of it is interim, and the development plan might have some use for that particular home. He said it seemed to him it would be prudent to change the recommendation to eonsider rehabilitation of the house at 690 Charming and defer any rehabilitation until the development plan is approved. Councilman Henderson asked if staff had plans to go ahead with trimming, removal of debris, and generally clean up the properties at this time. The lawny are dead and the property is overgrown. He asked regarding landscaping, minimum standards or way of seeing that no debris littera the.. ground. 3.1 9 8/2$/72 Mr. Pawloski rei;lied that most of the clean up of debris has been accomplished. Staff hopes to stimulate more landscaping. Two tenants now are interested in trying to start lawns. In the past lawns have been planted but would not grow. With the expertise ofthe Parks Division, perhaps the City can help. Parks Department personnel have already done a portion of pruning overgrowth, but staff feels minor things should be taken care of by the tenants. Councilman Henderson asked if there has been any discussion with tenants concerning the possibility of rehabilitation and resulting possibility of higher, rentals. Have there been any comments from the tenants? Mr. Pawloski responded that staff has met with the tenants on two occasions and informed them that rents would remain as is and are subject to revision upward, depending on what happens at the site in terms of rehabilitation, etc. This staff report (CMR:422:2) was discussed in detail with the individuals who presently occupy the homes, and the tenants in the 'tomes recommended for demolition are fully aware of the recommendations in the report. There were no negative comments. Councilwoman Pearson comtpiimented `r. Pawloski on the fine report and said it is one of the most comprehensive reports Council has received. She felt it would behoove the City, as landlord for the houses, to make them safe. She said the tenants there now know more about what is likely to happen to thrum_ Shp f f t Cnr.J o f ±o zndat? _♦. t be deferred and that the total report should be referred to the Webster Property Study Committee. She also felt that the Finance Committee should look at the numbers which are being generated for rehabilitation and in conjunction with the total amount of dollars spent purchasing the property. She said she would like to see the exploratory project proceed immediately with rehabilitation at 690 Channng and allow the per€'n who - wants to rehabilitate the house to do so with the stipulation that he understands that in two years he may or may not have that house. This will give the City an opportunity to see how such rehabilitation by a tenant can be done. She felt any additional rehabilitation should be deferred until the Webster Property Committee and Finance and Public Works Com- mittee have reviewed the whole report. She said she agreed with staff recommendation 13 (maintaining rents), #4 (no relocation for new tenants), 15 (demolish vacant house). She said she would not like to see the demolition at 652 Channing and 935 Webster, recommended in #6, occur until the two committees have had an opportunity to review the report and to make sure the people involved could be put into replacement housing. Lastly, #7, she would like to see that the Finance Committee reviews AS 533 and understands the implications involved. MOTION: Councilwoman rea&soet gloved is`�aL die total report be referred to the Webster Property Study Committee and Finance and Public Works Committee and Council approve #l, 2, 3, 4, 6, and 7 of staff's recom- mendations. Councilman Henderson said it didn't aeem clear to him that Council would ;'ake action on six of these recommendations and at the same tizse send it to committee. He questioned what the committee is expected to do? Councilwoman Pearson said that shewanted ti `1 (rehabilitation at 690 Chemins) to proceed. The cost is small, and it doesn't need a great data of study. She continued through each item stating her reasons for t`skiag acticn or referring to committee. Finally it was agreed to take action on each recommendation separately. 310 8/28/72 MOTION WITHDRAWN: Councilwoman Pearson withdrew the motion. MOTION: Councilwoman Pearsca moved, seconded by Henderson, that Council direct staff to proceed wit.i the immediate rehabilitation of the house at 690 Channing Street subject to: a. City will furnish materials at a toeai cost not to exceed $2,500. b. City will undertake reunite repair work at a cost not to exceed $f,000. c. Tenant will furnish labor to rehabilitate the house in return for free rent, not to exceed 24 months. d. All work shall be approved by the City. Councilman Berwald said he was under the impression that the Webster Property Committee had concurred in most, if not all, of these recom- mendations and asked if that were correct. City Manager Sipel responded that he didn't know whether this group had specifically taken action on these items. He said he believed they agreed in principle. There ray be some minor disagrrienent on demo1_i t ^n of one or two of the n_ :cai Lilar ir, general the committee would support staff's recommendations. Councilman Berwald asked about the carrying costs of holding this property and the accrued amount of carrying charges from the time of City's pur- chase to the present. City Manager Sipel said he couldn't remember the figure for sure but thought it was costing seething around $35,000 per year on the Webster property in lost interest. There are no taxes at the present time. Councilman Berwald said that once again he wanted to speak out against unnecessary and costly delay. When he proposed acquisition of this property, he assumed Council voald accelerate development planning for the site. At the same time he would not like to see a piecemeal develop- ment, and for this reason he opposed recommendation #1. He commented the City had already dealt with the Webster Property Committee, and he felt they had had ample opportunity to make their wishes known. The issue now Is that Council accept the staff's recommendation which is stated as an interim plan and is well thought out. He said he could not see what else the Finance and Public Works Committee could do until Council comes up with ki fairly definite plan for the property. That would be the proper time to refer it to comaittee. No options have been proposed except #1, which he said he did not favor. He said he ?Moped Council would not de- fer this matter but would accept and approve these interim plans which staff had made and minimize the cost. Every time $35,000 is spent, that represents another housing unit. As the City progresses with plans to develop the site, the Finance and Public Works Committee could touch base with staff. Janet Owns, 863 !4oteno Avenue, ,representing Hid -Peninsula Citizens for Fair Housing, said that MCFH feels a cautionary note is appropriate. They are concerned that short -run decisions should not be made tonight that sight limit options available to the City for long-range planning. They feel the status quo should be continued for a few more months.,This: would make it passible for Council to evaluate short-term suggestions on the basis of their effects on long-term considerations. 311 8/28/72 Vice Mayor Norton asked if after investing $3,500 of City money and X number of hours of the tenant's time, in two years would the building at 690 Charming be up to code. Mr. Pawtoski said the building would meet Housing Code standards. Vice Mayor Norton then inquired about the wisdom of a short-term plan that would make it illogical to bring a house up to standard and then decide to tear it down. He asked if the level of maintenance should be re-evaluated so that in two years it doesn't deteriorate, and ques- tioned the wisdom of investing substantial money on one building for a two --year period. City Manager Sipel responded that staff's position is that the house not be inhabited without the suggestions which are listed, and those changes will cost $3,50O. The City is in a position of feing both landlord and enforcer of certain codes and could not sanction the occupation of a house that had not been brought up to code. Councilman Henderson commented that he agreed with Councilman Berw.'ld on the subject of referral, but looking at 11, he understood that no development is expected for two years and felt it is better to use the house for the benefit of a family for that period of time. The house is in bad condition now and should either be used or something e1sF dune. The motion passed on a unanimous voice votes. MOTION: Councilwoman Pearson moved, seconded by Henderson, that the City defer any additional rehabilitation of i_ a Lc Lavi: existing houses until a development plan for the site has been approved by the Council. The motion passed on a unanimous voice vote. MOTION: Councilwoman Pearson moved, seconded by Henderson, that rents be maintained as presently established and that all tenants be informed that rents and rental policy will be adjusted --if and when houses are rehabilitated to Housing Code standards. The motion passed on a unanimous voice vote. MOTION: Councilwoman Pearson moved, seconded by Rosenbaum. that if vacancies occur in the interior, tenants will be informed that the City will not assume liability for the dislocation if and when such action becomes necessary. If final disposition of the house is known at the time a vacancy occurs, the house will be demolished or rehabilitated prior to occupancy by a new tenant, as the case may be. The motion passed on a unanimous Voice vote. MOTION: Counclwoman Pearson moved, seconded by Berwald, that the vacant house at 927 Webster Street be demolished immediately. The motion passed on a unanimous voice vote. MOTION: Councilwoman Pearson roved, seconded by Rosenbaum, that demo- lition of the houses at 652 Channing and 935 Webster be deferred until after the Webster Property Study Committee returns with a proposal for the site. 312 8/28/72 Vice Mayor Norton asked staff if the Webster Property Committee would be making a report. City Manager Sipel informed Council that the committee will make a report, but it is not expected to meet the end -of -September deadline. It will probably be November before Council receives'the report. Lou Goldsmith, Executive Director of Palo Alto Housing Corporation, said that he is one of the participants in the Webster Property Study Com- mittee. There has been sentiment on the part of people who live on the block to -keep those houses. The group as a whale has not taken any position about demolition or retention of the houses except to keep it in mind when the consultants that are to be retained to look at site design get to work, this is one of the options. Re said that his own impression is that the staff report is excellent_ and that the three houses they suggest be demolished must be in horrible condition, and the City does have some obligation to see that nothing happens to the people who occupy those houses. Relocation is a matter of policy. Governmental bodies who cause relocation of people have an obligation to help them. He felt the only item that should go to committee is 117 (provide financial and advisory relocation assistance in accordance with the requirements of Assembly Bill 533) . Councilwoman Pea -son commented that it was her understanding that the heater at 935 Webster is not vented and that she felt it should be vented properly. She added that all she is asking is that the demolition of the two houses wait until the Webster Property Committee comes in with some report. _ Councilwoman Sets=a€s co?' ented that she supported the motion but if a suitable location came up for_the occupants of 927 or 935 Webster, that staff.could feel it had COuncil`s approval to proceed informally. Mr. Goldsmith added a point that if the people who now live in the louses are displaced by governmental action, they might be eligible for a priority to get into Colorado Park. If they are at the income level that allows rent supplements, they would be eligible for that. Councilwoman Pearson said that the people' in 935 Webster wore previously living in a house that was demolished, and they were moved into this house. To ask theta to move again is bouncing people around too much. She thought the family wanted to have their child remain in Addison School. Councilman Clark consented that he would rather this didn't go to rammittelfb 'r_iiz reeseented if the house is unfit to be lived in, it should be torn down. This report is a foot in the door to see that the houses in this area come up to Housing Code. Since there is no thought of rehabilitating these particular houses, he expressed the thought that as_ soon as they are empty they should be .tort down. Councilman Henderson said that the attic in the house at 935 Webster is used as a tu*pus roomn He could see at least two children playing in the attic Sunday and felt uneasy. To support this motion he said he would at least need aaaur+nce frog: staff that the unvented heater would be taken care of prior to winter. City Manage Sipel said those specific kinds of problem would be remedied. Therelocation,process does -take time and can be difficult. He said he would like qua .indication from Council as to whether Council 313 8/28/72 wanted staff to proceed in that area. Councilwoman Pearson said that she is just asking that it be delayed. It doesn't preclude staff from looking for relocation housing. The motion carried on a majority voice vote. MOTION: Councilwoman Pearson -moved, Assembly Bill 533 be referred to the along with the report which includes houses. seconded by Rosenbaum, that Finance and Public Works Committee the rehabilitation of the existing AMENLMENT: Co-uncilmar. Berwald moved, seconded by Seman, to delete any reference to housing rehabilitation. He explained the reason for the amendment is so a vote can be taken on referral of the financial matter to the Finance and Public Works Committee. The amendment was approved on -a unanimous voice vote. The motion to refer AB 533 to the Finance and Public Works Committee passed on a unanimous voice vote. MOTION: Councilwoman Pearson moved, seconded by Seman, that the total report be referred to the Webster Property Cemmittee and also to the Finance and Public Works Committee. After discussion, Councilwoman Pearson, with the approval of her second, deleted referral to the Finance Committee from the motion. Councilwoman Pearson said she understood the Webster Property Committee was going to hire a consultant. Mr. Goldsmith -eesponded that what the consultant is being hired to do is to look at the block to consider what kinds of •.`.kings can be built there, to preserve as many trees as possible and the possibility that some of the heuaas can be maintained without interfering with the development of low -moderate income housing. He said he found the assignment to be quite vague in the sense that the Webster Property Committee has no expertise on the subject being referred. The staff report tells all that there is to be known about the condition of the houses, and he didn't see that the committee could add anything useful to Council in making a decision. Councilman Henderson said that to him a referral is asking for recd - .e ndationa. He saki hp might be able to Rupport referral ea the Webster Property Committee on the subjects of rehabilitation end demolition of the houses, but he couldn't see referring the entire report which seeks recommendations that Council has already covered tonight. Mrs. Anne Steinberg, Planning Commissioner, stated_she thought it was appropriate to refer it to the Webster Property Committee. It.is possible that members of the committee would not read t4 without referral, and she felt it entirely appropriate that they know staff's recommenda- tions and Council's decisions. Councilman Rosenbaum commented that he saw it as a courtesy. Councilman Berwald said it seemed to him that Council could leave this up to the 'staff: who had worked closely with the Webs ter group. Taxpayers 3.1 4 8/28!72 all over Palo Alto are interested in what Council is doing here. He said perhaps there should be a town meeting. City Manager Sipel said that he thought the concern appeared to be what is meant by the word "refer." Normally to -refer means Council wants to get something bacs. He didn't believe that is wanted in this case. He thought Council wanted the committee to use the report to conform to the charge that was given to it by Council three months ago. Councilwoman Pearson commented that she thought Mr. Sipel said it vary well. It is a courtesy to send it to the committee to use as it wishes. She asked that the minutes reflect that she does not expect a report back. Mrs. Alice Brown, 935 Webster, said she and her husband had worked hard on their Flexile and would be willing to do so again, provides' that they are relocated in an alternative home. After discussion. Councilwoman Pearson said she believed all the Council members expect something back from the Webster Property Committee even- tually. They are going to hire a consultant and make a report, but she said if it would help Council, she would change the word "refer" to "submit." Councilwoman Semen, who had seconded the motion, agreed. The motion submitting thestaff report to the Webster Property Committee passed on a majority voice vote. Annual Street Repair Program: Report of Bids (C:'R:420:2) City Manager Sipel noted that Coencii was in receipt of a staff report dated Augu:;t 24 which recommended bids for slurry sealing be rejected and bids for asphaltic concrete resurfacing be accepted, the low bid from Freeaan-Sondgroth in the amount of $35.2777.30. He indicated that Mr. Witbeck, the City Engineer, could answer,any questions Council might have. Councilman Henderson commented that as the City goes into the bicycle program, he is aware of the condition of the streets, and to many are bumpy from repairing cracks. These include streets which are bicycle lane streets. He asked if that is a part of the consideration as to what streets are to be resurfaced. City Engineer Witbeck responded that annual surveys are made, and the bicycle routes and the element of safety involved will be in mind when the text survey is made. City Manager Sipel added that there has been a recent deficiency survey of the bicycle routes. MOTION: Vice Mayor Norton moved, seconded by Pearson-, that the Mayor be authorized to execute a contract with Freeman-Sondgroth in the amount of $35,277.30 for asphaltic concrete resurfac:ing. The motion passed on a unanimous voice vote. MOTION: Vice Mayor Norton moved, seconded by Heznderson, that bids for slurry sealing be rejected. The motion passed on a unanimous voice vote. See Page 325 3 1 5 8/28/72 South Bay Dischargers (CMR:421:2) Assistant City Manager Warren Deverel summarized the -Staff report. He said the staff report presents five points having to do with the factors that must be negotiated in order to come up with a Joint Exercise of Powers Agreement which will permit the agencies to go ahead with the construction of the pipeline. These five points follow the pattern that staff developed in an earlier position paper ----the one exception's being in the allocation of construction costs. There the point has been - reached where a more simplified formula is approrpriate and equitable.. The Joint Exercise of Powers Agreement will be submitted to Council for approval. Staff is now requesting the guidelines to proceed with the negotiations along the outline of the five points presented in the re- port. Councilman Henderson asked if staff is still talking about costs of approxi teEy $14 million for the Palo Alto plant of which 80% would be covered by federal and state grants, thus leaving about $2.8 million of which Maio Alto would i,,4y about $1.4 million and the partner cities would pay $1.4 million. Mr. Deverel responded that there has been no change in any of the esti;71ates that have been prepared for the project. The figure quoted by Councilman Henderson is the low end of the range discussed for both the Palo Alto facility and the joint pipeline. These are estimates which have been prepared by the consultant and are subject to the proof of the letting of a contract. Councilwoman Pearson said she had her usual concern about where the pipeline is going to go and where these facilities are going to be located. She asked if a consultant would be hired, and if Council doesn't like his recommendation, what recourse is there. Mr. Deverel said the mechanism here will be that the consultant will prepare a series of alternatives for the placement of the pipeline. The only new concept in this situation occurs as a result of a further design look, and that is the possibility of putting the pipeline in the Bay itself so that it isn't encroaching on any land territory. Staff has repeatedly stressed the point that the selection of the route is critical from Palo Alto's standpoint and has received assurance from potential partners in the project and from consultants that it will have prime priority. Staff would not propose to agree to anything at the staff level having to do with the placement of the -pipeline without referring it to the Co'tncil. Councilwoman Pearson said that on Page 2 she was confused where it says, "The City of Sunnyvale will continue to operate only their own facilities with no alignment or agreement with other agencies." It doesn't mention Santa Clara. Then down in the next paragraph it says there will be a Joint Exercise of Powers Agreement between San Jose, Sunnyvale, and Palo Alto. Mr. Deverel responded that the agencies involved are San Jose -Santa Clara, which is a joint exercise of powers partnership in itself, and the city of Sunnyvale, which has no a1f.gnent. Oriinally Sunnyvale was conceived to send its effluent to San Jose for treatment, but it has since been decided that Sunnyvale will continue to treat its own effluent. `! third agency is our partnership, ralo Alto -Mountain View -Los Altos. 3 1 6 8/28/72 Councilwoman Pearson asked if Sunnyvale is going to be involved in the pipeline. Mr. Deverel replied that Sunnyvale will definitely be in- volved in the joint venture and will deliver to the pipeline. MOTION: Councilman Henderson moved, aeconded by Pearson, that the Council approve the five principles outlined under "Joint Pipeline implementation Plan" as guidelines for prep)ration of a Joint Exercise of Powers Agreement, to be submitted for Council approval. These include (1) Institutional ,\rrangements; (2) Consulting Engineer: (3) Construction Costs Allocations; (4) Allocation of Operating and Maintenance Costs; and (5) Implementation Schedule. The motion was adopted on r unanimous voice vote. Drug Abuse Control Program: 1972-73 u eta ayaaunitt 4reienzion Center Site (CMR:452:2) Vice Mayor Norton noted that there are four items for Council's action on this matter, location of the Community Prevention Center at ti 13 Ramona Street, two !hasps, and the budget. !-!e noted that Council had received two letters from Hal of London (Harold Lesser), a petition with approximately i06 signatures which was distrioute:l by Nr. Lesser, and a supplement to the petition submitted tonight which had additional vow names generally opposing establishment of the Drug Center at 418 Ramona -- Street, the minutes of the Drug Abuse Board dated August 23, a letter from John Errmnu:eeisc:: Ant . -1 August 1E. nnA a 1:,' rnr frevrt fit` 3. nladys Adams dated August 22. Before hearing from members of the audience, he asked for a report from staff. A,ssista.nt City Meager Walker maid that development of Palo Alto's drug abuse contral program had reached another series of milestones, namely, epppoysi of a location for the CPC, and approval of the budget, The Board has been looking for sites for this center as well as for the Residential Treatment Center for about six months, using the services of a local reactor. They have visited, with staff or alone, virtually every available building in the downtown area. The site that has been selected for the CPC is located at 418-420 Ramona, and it is felt to be the best available at the present time. He emphasized that this partic- ular site is regarded as temporary or interim. The Drug Abuse Board reaffirmed its desire to ultimately locate in the Veterans' Building if this becomes possible, but that building is not available at the present time, largely due to the lease in force. Staff hopes that during the next few months another location can be found for the Veterans. The budget is being submitted in accordance with contract approval of July 31. Staff sees this budget as more of a planning document than for control. Allowance should be made for changes as experience is gained during this pioneer effort. Staff recommends the budget be approved with the requirement that the City be notified of any changes that would be made. Staff also recommends approval- of the lease and as required in the contract and the sublease, approval of the site by formal resolution. Vice Mayor Norton commented that he thought the location concern should be taken up firat and then the smatter of the lease, the sublease, and the budget. Councilman Henderson asked if the Veterans' organization leaders had looked at the building at 418 Ramona and also asked the square footage 3 1 7 8/28/72 of the two buildings. Mr. Walker responded that the Veterans have not looked at it to his knowledge, but their rejection is bas d on the fact that the size is inadequate for their needs. He stated that the Veterans' Building is about 10,000 sq. ft. and the Ramona Street building is about 4,488 sq. ft. Ralph Rogers, 3363 Kipling Street, President of the Chamber of Commerce, read a statement of the position of the Chamber of Commerce and recom- mended that the Council approve the recommendation of staff concerning location of the CPC with the provision that staff report to Council at ninety -day intervals concerning the search for a more suitable location. He also read quotes concerning the experiences of neighbors of a similar drug abuse facility in Menlo Park, all of which were positive. Vice 'Layor Norton than'aed Mr. Rogers for his responsible and time-consuming research on the subject. Harold Lesser, operator of a barbershop, Hal of London, at 440 Ramona, spoke concernirg the drug abuse program, location of the center, responsibility, and legality. He was very much opposed to establish- ment of the teeter 410 RAET-nn �;' cited tlee i� affilia-tions AMA � •. . ,. _ _. _ ... ... �.... a,�a at = = _. -_ l� �V �` }IV1 LC. 4'1 fl tions of some members of the Drug Abuse Board as a negative factor. He said it was his opinion that social and political activities, in addition to treatment, would be offered at the site. Scott Carey, 150 University Avenue, representing Downtown Palo Alto, Inc., said that their membership fully supports efforts to establish a drug abuse program in Palo Alto and hopes that the Veterans' Building or another building outside of the business cistriet will be available for a permanent site. In the meantime, the board does not oppose the loca- tion at 418 Ramona. Jay Endres,,:"ne Center, 1090 El Camino Real, Menlo Park, distributed a letter to members of the Council. He expressed concern that the lease and'"sublease as proposed would inhibit the Drug Abuse Board's ability to get other funding ----that a private organization has to make a choice whether to live solely off City funds or try to obtain national grants or grants from industry. He sail he hasn't seen any city -run drug pro- gram succeed, He felt the Drug Abuse Board had not been given the free- dom necessary and City sponsorship would affect future funding applica- tions. Mike Fox, 3381 Park Boulevard, member of the Drug Abuse Board, said that Hal Lesser had appeacet,at the Board of Directors' meeting and expressed his concerns about the ate at 418 Ramona. He is a member of the site committee and he said they searched for months, for. a suitable building. The choice is that if Palo Alto wants to have a program, this is the building that must be used at present. Jeanne Pinneo, 3347 St. Michael Court, said that she yas disturbed when she was tearing through the Council packet and saw coMmunicationa from Mr. Lesser with the list of names of firms on Ramona Street opposing the location. 'She said her family deals with several of these finds, and she called them. She found that in most cases the management did not sign the petition. In some cases it was just one person who worked there. In one case there lean some question as to whether or not anyone at the bus:ness had signed, 3 18 8/28/12 Mr. Leaser rebutted that every name on the list at the time it was compiled and submitted was legitimate, but there have been some who have rescinded their position since the petition was submitted. Carla Vespe, 4247 Ramona Avenue, Chairman of the Drug Abuse Board, spoke insuppor€ of approval of the location and said the Board hoped to have the Center open and operating before school starts. Philip Bliss, 1135 Bryant Street, member of the Drug Abuse Board, said their staff feels it is going to be a privilege to use the Center and not a right. He said he could understand Mr. Lesser's feelings, but explained that the largest amount of traffic to the Center is going to be after business hours. He spoke in fa.vor of the location's being approved. Richard Davis, 1491 E. Bayshore Road, said that he is a relative new- comer to Palo Alto, currently associated with the Drug Prevention and Rehabilitation Foundation in East Palo Alto. He said it is the job of American citizens and citizens of Palo Alto to help those who are hung up on drugs. He recommended that a permanent site away from the down- . e _ _. _ i C _' _ -. _ .] _ _ _ possible. c_. __ �ca be tvutttt as 3UUi1 as Crystal Garage, 156 University Avenue, representing Downtown Palo Alto, Inc., suggested that one of the possibilities for relocating the Veterans' group would he the Squire Hougte, Emmett Fitzpatrick, Director of the Historical Association, said that the association has raised approximately 50% of the $90,000 it has pledged to raise by next March 1 for purchase of the Squire House. He com- mented that if that money could be used to make the Squire House suit- able for the Veterans for the next four years, it would give the association additional timeto raise the necessary funds. Vice Mayor. Norton commented that the staff report states rather clearly that the Ramona Street site is viewed as temporary with the Veterans' Building as the ideal site. The lease proposed for Ramona Street is for one year with two six.month options.to renew for an additional year. He said it would be his -Understanding of staff's intention that if Council were to entertain a motion of renewing the lease after -the first year, staff would crime back to the Council for a decision at that point. He asked if that were true. Mr. Walker responded in the affirmative. Vice Mayor Norton said that it seemed to him there would be no really substantive change if the option to renew were cancelled. Ali it does is give flexibility. He said he felt it important to note for the record the statement from Page 2 of the minutes of August 23 of the Drug Abuse Board on the issue of what the board sees as its long-term aspirations, "The question was raised as to whether the Board is.atill firm in its decision to obtain the Veterans.' Building as a primary CPC site, Discus- sion -among Board mem',ers indicated that this decision is still firm." He said that since the business community and the Drug Board feel that way, there can be no misutderstanding on that basis. Councilman Hendersoa commented that he would -Like to hear statements of position of the staff representing Lhe landlord and PACDAB about moving if a building bete ea available before the one-year . lease runs out. How does the City feel _ about the commitment of a ti a lve n'th lease and the lessee about moving as quickly a.s possible? 319 8/28/72 Mr. Walker said the sublease that has been proposed has a minimum six-month period. It can be cancelled between the sixth and twelfth month by the Drug Abuse Board's giving thirty days' notice of cancellation. Before that it would require mutual consent of both the Drug Board and the City. Carla Vespc, Chairman of the Drug Board, indicated that PACDAB agreed with the proposed sub -tease terms. Councilman Henderson asked for clarification of the nature of the social drop -in center. Is it to be maintained for general community use or for use of people in CPC? Carla Vespe responded that if all works well, it will be used by the general community. Councilwoman Pearson said that two points have been raised, one of which was the question of legality. She asked by what authority does the Council sign this lease and allocate $200,000?. Also, she said she would like a response regarding the statement that in signing these leases, PACDAB's possibilities of getting money from some other source would be jeopardized. City Attorney Stone responded that with respect to the legality of the contract, there are two aspects. (1) The City has absolute power to contract for services which the City can perform. It is clear that community drug abuse prevention and tLeatu,ent prc ggra_ma are within the_ purview of any city in the state. (2) It is the law that political belief in terms of contracting is not germane unless it could be shown beyeed - - t cr that tbt nhiect of the contract could not be carried out by the proposed contract. Hr. Walker responded to the question about the lease, stating that staff sees this as nothing more or less thana tenant -landlord rela- tionship between the City and the Drug Board. Staff does not see it as giving the _,City controls over and above those included in the con- tract. This type of relationship was agreed upon Jointly. The Drug Board could have sought independently to find a site if it had so desired. Property owners were wiilirg_to give a better deal to the City. This does not give the City additional control over the prograu itself City Manager Sipel added, that the situation is flexible, enough so that if the Drug Board wanted to pursue funding from another source and this wen a prob -t, it could be changed. Counwilwoman Pearson said that by authorizing this particular site to be used for a tP_3p rare CPC, Council is putting responsibility on PACDAB and the City staff to see that it work for what it Is meant for ---to help children on drugs. The Drug Board has shown the Veterans' Building would be ideal, and the -Veterans have shown they are flexible and perhaps would consider releasing that building. She felt that is where the staff copes into being. MOTION: Councilwoman Pearson introduced the .following resolution and moved, seconded by Henderson, its adoption: RESOLUTION NO. 4646 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE LOCATION OF A SITE ANI) FACILITY FOR THE COMMUNITY PREVENTION CENTER" Councilman Rosenbaum commented that he thought it should be clear to - everyone that_ there are enough probleems in setting up a drug treatment 3 2 0 6/28/72 i 1 center without going out of the way to find a controversial location. This essentially was the only suitable site that could be found. He said he appreciates the fears of Mr. Lesser and the other merchants, but thought it unlikely that the location of the CPC downtown weld keep people away from the area, although there could conceivably be events associated with the drug center which could be detrimental to downtown. The drop -in center may not work. If that occurs, the Drug Board would re --evaluate the importance of those activities to its program. He noted this is a publicly funded program, and Council is accountable and responsible. He said he recognized the political views of some members of the Drug Board as referred to this evening, and said that the problem of drug abuse does not exist in a vacuum. It is part of certain inequities that exist in our society. He did not feel that holding these views is likely to lead tc a suitable way to attack the problem of drug abuse and didn't think such views would necessarily detract from the program either. Councilman Clark commented that the thing he liked about this program from the beginning is that it was structured in a way the entire community could become involved in it. Without that, the chance of success iJ minimal. He said he hated to see the kind of divisive situation which Council seems to have gotten into over this one portion of the program, He expressed the hope good will would prevail. He said it was his feeling Council had to go ahead and approve this at this time but pledge that the City will work towards finding a permanent solution as promptly a3 possible. He said he hoped the representatives of the two centers doing almost the sage thing would realize we are all Apt teeLir±g the same Councilman Henderson said that he appreciated Mr, Lesser's concerna, however, a forum to discuss political topics is not necessarily a forum for political indoctrination. He noted there were quotes by Venceremos in their paper about having put in their program and having ripped off the City and his response to that is that he has found some other things that were said in that paper which were not true and those statements about the drug program are not true. He said he wanted to commend the Chamber of Commerce and Downtown Palo Alto, Inc. for taking a position of support for this temporary location adding this is a major step in assuring Council all can work together in achieving stood for the ena ity._„ To those ierchants who opposed the CPC site, het commentedthat all are open to positivekalterhaeivesae:He suggested those merchants might work with the leaders of the Veterans' organi- zation to find a suitable site for the veterans. Councilman Berwald commented about PACDAB saying that he had had many serious questions about the manner in which appointments to the board have been made and tough negotiating which he felt was pretty arbitrary on PACDAB's part. He said he still feels that way, but one thing he had found beneficial is that whenever he had a problem, he could talk with Allen Seld, Charles Schulz, Carla Vespe, or others and it has always been a frank discussion. He commented that it is up- to PACDAB to try to broaden the base of their membership as much as posaibie to include some of the people who have .not had a chance to work from the inside and get their Support. He said he had to assume that the Drug Abuse Board, under the watchful eye of many people in the community, is going to address itself to solving the drug problem -- that is the essence. He added that he thought the budget that the Board had sub- mitted was pretty brief and he hoped the next budge: would be more detailed. . 3 2 1 . 8/28/72' Councilwoman :eman thanked everyone for coming and voicing views and being concerned about the community. Council has heard the hopes and fear tonight, and she hoped those with fears had hopes, too, since the program is essential to the community. Vice Mayor Norton said he detected a common strain of optimism and realistic concerns but felt the City had retained sufficient ultimate control so that the program cannot be a d;=aster. He said the program certainly is entitled to a fair trial. The resolution to approve the location of the CPC at 418 Ramona Street was adopted on a unanimous voice vote. Hal Lesser assured Council of his willingness to work as best he could for the success of the program, L-ecause he knows it is needed. MOTION: Councijwonan•Pearson moved, seconded by Rosenbaum, that the Council approve the lease agreement between the City and the landlords. The motion passed on a unanimous voice vote. MOTION: Councilwoman Pearson moved, seconded by Henderson, that the Council ayy.�tv';a �_ the su`sease bet ci Cityandn the an the Yaio Alto C`.Mr.fllaitJ nr:ig �i±t!Ce ii `...v• The notion passed on a unanimous voice vote. ri.t ill\ : Councilwoman Pearson loved, seconded by Henderson, that the Council approve the budget as submitted by PACDAB, withchanges per- mitted with notification to city staff and the understanding that they do not exceed the maximum. Councilwoman Pearson asked how the budget was broken down_ City Manager Sipel explained the font, as shown in Exhibit "B" attached to the staff report. Councilman Rosenbaum and Councilman Remold requested a more complete breakdown of PACDAB's budget to be submitted to Council in a couple of weeks showing exactly what the cc:ney is to be spent en. City Manager Sipe' said staff would be happy to provide this. Charles Schulz, attorney for the Drug Board, asked whether notification of budget changes meant these matters would be agendized for Council approvel Vice Mayor Norton advised Mr. Schulz that the intention was that the changes be advised for information purposes only. Staff would keep Council advised. Jay Endres, The Center, 1090 El Camino Real, Menlo Park, urged Council to make provisions is the budget for, outside contracts fol.problems the CPC staff night not be able to 1, idle. The motion to approve the budget passed on a unanimous voice vote. Vice Mayor Norton thar:'red everycue present for their -patience this evening. 322 8/28/72 Status of Spay and Neuter Clinic Program (CMR;424:2) MOTION: Councilman Henderson introduced the following ordinance and moved, seconded by Rosenbaum, its adoption: ORDINANCI? NO. 2679 ENTITLED "ORDL ANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1972-73 TO ESTABLISH THE POSITION OF VETERINARIAN IN THE ANIMAL SERVICES DIVISION AND TO TRANSFER FUNDS I1TTHIN THE APPROPRIATION OF THE ANIMAL SERI'ICES DIVISION" the ordinance was adopted en a unanimous voice vote. MOTION: Councilman Berwald introduced the following resolution and moved, seconded by Pearson, its adoption: RESOLUTION NO. 4647 ENTITLED "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDINC RESOLUTION NO. 4629 (Tim COMPENSATION PLAN) TO AD?) ONE ADDITIONAL POSITION OF VETERINARIAN EFFECTIVE IMMEDIATELY" The resolution was adopted on a unanimous -voice vote. Properties in Hillside Areas • Councilman Betwaid refet ed to his kerrova-s3uuai to Cuuiecil List:u August 24, 1972. MOTION: Councilman Berwald moved, seconded by Seman, that the City Manager and the City Attorney report on and prepare an ordinance that would afford reasonable protection of view, space, light and privacy of adjacent properties in hillside areas. City Manager Sipel responded to :ouncilman Berwald and stated that if Council approves this assignment and refers it to the staff, it would be staff's intention to put it into the assignment they already have concerning revision of the zoning ordinance. The motion passed on a unanisous voice vote. Community Meeting --"Speak Out on Transit" Councils Rosenbaum raised an item of new business concerning community meetings being organized in late September by the Santa Clara County Transportation Committee to afford citizens the opportunity to learn about transit choices and express their views about how transit development should proceed. He said it has been requested that Palo Alto co-sponsor such a community meeting, to be held on September 28 at the Mountain View Community Center. MOTION: Councilman Rosenbaum -moved, City of Palo Alto be co-sponsor of a Transit," to be bead on September 28 Center. seconded by Berwald, that the community meetin , "Speak Out on at the Mountain View Community The motion approving co-sponsorship passed on a unanimous voice vote, 323 8/28/72 Booklet --"Knock Out Crime" Councilwoman Pearson commended Chief Zurcher and the Palo Alto Police Department for the informative booklet, "Knock Out Crime," and said she hoped that thorough distribution would be made throughout the City. City Manager Sipel stated that this was being done. Oral Communications No one wished to address Council at this time. Executive Session The Council adjourned to executive session to discuss personnel matters from 11:55 p.m. to 12:21 a.m. Adjournment The meeting was adjourned at 12:22 a.m. APPROVED: ATTEST: City Clerk / t� �✓ 324 8/28/72 Mayor _