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HomeMy WebLinkAbout06141971f� MINUTES 14 city or paio aito 1 1 June 14, 1971 The Council of the City of Palo Alto meton this date at 7:30 p.m., in a regular meeting with Mayor Wheatley presiding. Present: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley Absent: Spaeth Minutes of Afa 24, 1971 Counciltnan Dias requested on Page 96, under Fire Protection - Regional, that the following explanatory paragraph be added before the MOTION: "In response to the Santa Clara County Report on a joint fire protection program it was the feeling of the Planning and P -ocedures Committee that the report was premature, but, as poi.icy- guidance, Mrs. Dias made the following motion on behalf of the Committee." Mayor Wheatley ruled that this paragra- h be added to the Minutes of May 24, 1971. On Page 102, Councilman Dias requested that the title of the item relating to dedication of land for park and recreational purposes be changed to read "Dedication or in Lieu Payment of Sub -Division Land for Park and Recreation Purposes." Mayor Wheatley ruled that the record be changed to reflect this. L. J. Fourcroy, Director of Planning and Community Development, drew the attention of the Council to the motion on Page 99 concerning the Two -County Mid -Peninsula Planning Study, and said the motion as stated directs the Mayor to invite all jurisdictions to apply for funding of such a study. He pointed out that one of the jurisdictions has to be named as the responsible agency for the Federal Govern- ment to conduct such a study and the motion does not reflect this. Councilman Pearson, who made -the motion, said ahe would like to refer to her notes to confirm exactly how the motion was originally •.vorded. .1dOTON: Councilman Arnold moved, seconded by Gallagher, that :-he approval of Minutes of May 24 be continued one week +o June 21, 1971. The motion passed on a unanimous voice vote. 119 6114/71 Public Hearing - California Avenue Area Parkin Project No. b5 9 Mayor Wheatley announced that this is the time and place for the Public Hearing on the Engineer's Report and Assessment Roll for the California Avenue Area Parking Project No. 65-9. He invited any member of the public wishing to speak to this matter to address the Council. City Engineer Witbeck confirmed that no written protests had been received on this subject. There being no comments from the public, Mayor Wheatley declared the .Public Hearing closed. MOTION: Councilman Dias introduced the following resolution and moved, seconded by Clark, its adoption: Resolution No. 4460 entitled "A Resolution Confirming Engineer's Report and Assessment Roll - California Avenue Area Parking Project No. 65-9" The resolution was adopted by a unanimous voice vote. Public Hearing -University Avenue Dist:,. ct - Civic Center Off -Street Parking Pro ect No. 66-8 Mayor Wheatley stated this is the ,me and place fixed for ;:he Public Hearing on the .Engineer's Report and Assessment Roll for the Uni- versity A':enue District Civic Center Off -Street Parking Project No. 66-8. Mayor Wheatley declared the public hearing open. Hang Roth, 173 University Avenue, owner of Assessors Par' el No. 122-12-16, (House of Today) at 550 University Avenue, spoke of average parking conditions and his suggestions for eliminating the problems and submitted these in written form. Mayor Wheatley noted that Mr. Rota's comments were valid and asked Assistant City Manager Sipe/ to comment. Assistant City Manager Sipel reported that the City Staff will begin a n'w program July 1 to provide monthly, instead of quarterly, permits for reserved parking places in the downtown area. Attention is being given to other suggestions made by Mr. Roth. Mayor Wheatley asked City Engineer Witbeck to report on written protests. 1 2 0 6/14/71 City Engineer Witbeck stated that written communications of protest had been received from Blum and Blackfield, in respect to a furniture store at the intersection of Lytton and High, stating that ample park- ing is provided for their customers and they protest the assessment on this basis. and from Zachariah Inc., in connection with "Zacks" on High Street, between Hamilton and Forest. He noted that El::e -ado Insurance Company, owners of the Palo Alto Office Center, in the block bordered by University, Cowper, Lytton and Tasso, had written to bring to the City's attention the fact that they have 550 parking spaces in their garage and not 500, as credited to them. Mr. Witbeck responded that either figure exceeds their require- ment so they have no assessment. Finally, Shipkey and Shapker, 447 Tasso, had requested credit for three additional spaces along- side their building. Mr. Witbeck explained that these three spaces do not meet minimum ordinance requirements. MO LION: Councilman Berwald introduced the following resolution and moved, seconded by Norton, its adoption: Resolution .No. 4461 entitled "A Resolution Confirming Engineer's Report. and Assessment Roll - University Avenue District Civic Center Off -Street Parking Project No, 66-g" The resolution was adopted by unanimous voice vote. Council Committee Structure 1971-72 Councilman Dias stated that the Council had referred the question of Council committee structure for the coming year to the Plan- ning and Procedures Committee for study. Taking into considera- tion that the Council will be reduced to nine members effective July 1, 1971, the Committee's recommendation was that two four - man committees, with the Mayor free from committee assign- ments, would be the best committee structure for the coming year. Further, because of the relationship between items referred to the existing Finance and Public Works Committees, it was the Com- mittee's recommendation that these functions be combined into one committee. The functions of the present Planning and Procedures Committee would no` be Banged, but the Court s tt a recommended that this committee be renamed the Policy and Procedures Com- mittee. Adoption of ar_ ordinance on an emergency basis is neces- sary to permit the Mayor to make committee appointments during the month of July. MOTION: Councilman Dias introduced the following emergency ordi- aance and moved, on behalf of the Planning and Procedures Com- mittee, its approval for adoption: 121 6/14/71 Ordinance N0 2607 entitled "Ordinance of the Council of the iiJ.R iiu ... City of Palo Alto Amending Chapter 2.04 of the Palo Alto Muni- cipal Code to Establish Standing Committees of the City Council. and Specify the Duties Thereof, and Declaring an Emergency" Councilman Comstock raised the question of the committee discussion on rneeting dates and said he was under the impression that the Plan- ning and Procedures Committee had viced to recommend that Council meetings be held on alternate Mondays, with Council committees meeting on the intervening Mondays. He considered this to be directly related to the motion on the. floor. Responding to questions, City Attorney Store stated that the ordi- nance as it presently stands provides that the Mayor shall set the rneeting nights of Council .:ornrnittees. An amendment was passed one year ago to cover this contingency. Councilman Dias agreed that scheduling of Council meetings had been discussed as suggested by Councilman Comstock. However, it was her opinion as Chairman of the Planning and Procedures Com- mittee that the Council had not referred the subject of Council meet- ing -dates to the Committee. Discussion followed regarding the Mayor's perogative to set com.- rnittee meeting nights. AMENDMENT: Councilman Pearson znoved, seconded by Clark, to amend Section 1 of proposed Ordinance No. 2607 to read as follows: SECTION 1. Subsections (a) and (b) of Section 2.04. 230 of the Palo Alto Municipal Code are amended tc read: "2.04.230 Standing cornrnittees-Special committees. (a) Not later than the second regular meeting of the council in July, the mayor shall appoint two standing committees, con- sisting of four members each from the members of the councij. and set the monthly meeting day of each committee. The mayor shall appoint each councilman to only one committee and shall appoint the chairman of each committee. The mayor may act as an ex of cio member of each committee. (h) The committees shall be designated, respectively, corn- mittee on finance and public works and cox—ernittee on policy and procedures, and shall meet at 7:30 p.m. in the City Hall on the day established by the mayor." The amendment passed on the following roll call vote; Ayes: Arnold, Berwald, Clark, Comstock. Dias, Norton, Pearson Noes: Beahrs, Gallagher, Wheatley 122 6/14/71 Responding to -questions or the ex officio status le the Mayor, City Attorney Stone stated that in the past the term "ex officio" has been interpreted to mean "to act as a member because of the standing of o f f i o e , " and in most circumstances it has been held that ex officio members may vote if they so desire. This is usually subject to parliamentary rules and regulations and the Council may wish to make such a determination and spell out the meaning of "ex officio. The Mayor may tie,- an ex officio member of all Board and Commissions in the City of Palo Alto. Responding to a further question, City .Attorney Stone stated that three members constitute a quorum on a four man committee. AMENDMENT: Councilman Arnold moved, seconded by Gallagher, to amend Section 1 of the proposed ordinance, subsection (a) of Section 2. 04. 230 of the Palo Alto Municipal Code to read "The Mayor may act as an ex -officio, voting member of each committee." The a.rnendment passed on a unanimous voice vote, The ordinance as amended was adopted on the folio-, ;..g ::c:11 call vote: Ayes: Arnold, Beahrs, Berwaid, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley Noes: None Monroe Park - Neighborhood Park Project Councilman Clark, Chairman of the Public Works Committee, said that the Monroe Park area is without park services, but consists of only 85 homes within the City of Palo Alto. Concern of staff and committee was that of the small number of Palo Auto residents in- volved. Any facility that might be developed there would also be of benefit to the neighboring city, Mountain View, To develop a small park in this neighborhood would cost around $70, 000 •- $80, 000, taking into account acquisition of land. The feeling of Committee was that it might be possible to have a joint venture between Palo Alto and Mountain View. MOTION: Councilman Clark moved, on behalf of the Public Works Committee, that an official request be rnade of the City Council of Mountain Vista' regard ing the feasibility of a joint neighborhood park project for the Monroe Park Area. Following a brief discussion, the motion passed on a unanimous voice vote. 123 6/14/71 Park and Recreation . ri usCt1se t� eguiations Councilman Clark introduced the following ordinance and moved, on behalf of the Public Works Comrnittee, its approval for first reading: "Ordinance o.i the Council of the City of Palo Alto Amending Chapter 22. 04 of the Palo Alto Municipal Code (Parks) to Pro- vide for the Payment of Fees for Park and Building Usage, to Prohi sit Hunting or Molesting of Animals in Parks, Prohibiting Animals in Certain Posted Areas of Parks or Buildings, and Closing all Parks Between 3:00 a. m. and sunrise'' The ordinance was approved for first reading by the following roll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley Noes: None Use of Civic Center Plaza Councilman Clark apologized to Council that the Public Works Com- mittee's report on use of the Civic Center Plaza was not before the Council this evening. Mayor Wheatley ruled that this matter could be brought up under New Business, if Councilman Clark wished, CouncilinarA Pearson said she would object to discussing this subject tonight, since it was not included in the advertised agenda for this evening. Old Corporation Yard Lease (CMR:840:1 and CMR :842;1) Vice Mayor Gallagher said he would not participate in discussion of this item and took a seat in the audience. Councilman Norton noted that the lease before the Council tonight consists of a sub -lease between the City and Pacific Hotel Develop- rtnent Venture, conaieting v{ Clement Chen, Jr., and LNC Develop- ment Corporation. The lease between the City and Stanford Univer- sity, covering the land, is still being drafted and will be presented to the Council in due course. He went on to explain the complicated rental formula and said, in the judgment of the Finance Committee, the proposal represents a sound financial investment for the City. MOTION: Councilman Norton :roved, on behalf of the Finance Com- mittee, that the Mayor be authorized to execute the lease agreement bt,twel�!n_the! City and D•. iae **-t-• __-... __.- _�..., o..,..�.., s�wcc� DavelopSne23t Venture for develop- ment of the Old Corporation Yard subject to approval of an amended lease between Stanford University and the City. 124 6/14/71 Hearing no objections, Mayor Wheatley ruled that members of the audience wishing to speak to this subject might do so. John Hargis, 152 Emerson, raised various questions concerning possible alternatives. Councilman Norton responded, outlining the various alternatives of the lease and amendments made during renegotiations. Emily Renzei, 836 Addison. expressed concern about protecting the City in negotiations with the developer. Assistant City Manager Sipel and City Property Agent Zellhoefer responded and noted that the City is indeed well protected within the terms of the lease. Mayor Wheatley invited representatives of Pacific Hotel Develop- ment Venture to address the Council. Mr. Clement Chen, Jr., introduced Mr. Tevis Jacobs, Attorney, who had negotiated the lease on behalf of Pacific Hotel Development Venture. Mr. Tevis Jacobs, Attorney, explained the arrangement with Stan- ford noting that the City cannot lose money and listed the percen- tages the City would receive. Responding to questions as to the legal status of a joint venture, City Attorney Stove stated that in respect to the lease under dis- cussion the liability of the lessee is the same as if it were a part- nership. Each partner is jointly liable for the debts of the joint venture. A joint venture is a partnership for a specific purpose. He noted that the lease itself is subject to rezoning. Should the Council rezone the property to P -C, all the conditions of the zone would take precedence over this lease. He emphasized that approval of the lease was riot a pre -commitment to any type of zoning that would not be appropriate. He noted that development plans, specifi- cations and schedules would come before the Council at the time the applicant applies for rezoning. Should the applicants wish to change these plans in any way, they, would have to come before the Council for approval, AMENDMENT: Councilman Comstock moved, seconded by Pearson, that the proposed lease be amended to include the stipulation that the construction contract between the developer and his contractor for the building of facilities on the site include affirmative action guide- lines as used by the City of Pale, Alto. Discussion ensued on this motion, with Mr. Clement Chen noting his past record in this respect. The amendment passed on the following ' t911 I- 111 vf% 'wI 125 6/14/71 Ayes: Arnold, Berwald, Clark, Comstock, Dias, Norton, Pearson, Wheatley Noes: Beahrs The motion as amended passed on the following roll call vote: Ayes: Arnold, Beahrs, Berwald, Clark, Dias, Norton, W ueatley Noes: Comstock, Pearson (Mayor Wheatley declared a recess from 9:50 to 10:05 p, tn.) (Councilman Berwald left the meeting at 9:50 p.m,. and did not return. ) (Vice 2via,or Gallagher rejoined the Council following the recess. 1971-72 Bridge' - Public Heari$ - June 21, 1971 MOTION: Councilman Norton moved, on behalf of the Finance Com- mittee, that the Public Hearing on the 1971-72 Budget be set for June 21, 1971. The motion passed on a unanimous voice vote. Northern California Power .f sSoc at .. Councilman Dias, Northern California Power Association represen- tative, referred to her report to Council dated June 3, 1971, where- in she expressed concern regarding the administration of NCPA, particularly in relationship to financing of two new studies, which were proposed at the May 27 meeting. MOTION: Councilman Dias, moved, se onded by Arnold, -that the Council ratify the action taken by the NCPA representative to oppose (1) the funding in the amount of $20,000 tor an NCPA study to deter- _ the total "wheeling capacity of the U.S. Bureau of Reclama- tion power lines, in order to assess whether or not the additional load imposed by NCPA from geyser generated p''wer could be accom- modated; and (2) funding in the amount of $14, 000 for a study to measure load flows for NCPA, to be conducted by H.R. Beck. In . esponc a to questions, Councilman Dias expressed additional concern over the a.drniiristration os all NCPA funds. However, she felt that a request for ret'lrn of Palo Alto's assessment fur a pre- vious planning study and withdrawal from the organization would be premature, The motion puseed on a; unanimous voice vote. 126 6/14/71 Servicing of Vehicles - Amendment to giro- Alto Municipal Code MOTION: Vice Mayor Gallagher introduced the following ordinance and moved, seconded by Wheatley, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Section 18. 88. 100 of the Palo Alto Municipal Code to Prohibit the Servicing, Repairing, Assembling, Disassembling, Wrecking, Modifying or Working Upon Any Vehic le, Trailer, Motor Driven Cycle, Boat, Trailer Coach orCamper or Similar Device on Any Lot Used for Residential Purposes" Hearing no objections, Mayor Wheatley said that any member of the public wishing to address the Council might do so. John Lorini, 969 University Avenue, spoke in opposition o this ordinance and explained ho•.v this would affect hirn personally. Assistant City Manager Sipel and City Attorney Stone responded to Mr. Lorini's questions, explaining exactly what the proposed ordi- nance is intended to accomplish. SUBSTITUTE MOTION: Councilman Pearson moved, seconded by Comstock, to refer the subject of amending Section 18.88. 100 of the Palo Alto Municipal. Code to prohibit the servicing, repairing, as- sembling, disassembling, wrecking, modifying or working upon any vehicle, trailer, motor driven cycle, boat, trailer coach or camper or similar device on any lot used for residential purposes to the Policy and Procedures Comrnitteet when formed. Discussion followed on the contents of the proposed ordinance and whether or not it si,ould be referred to committee for further study. Mayor Wheatley recognized Mr. William L. Smith, who wished to speak to this item. William: L. Snit, 1736 Cowper, spoke in favor of the ordinance. The motion to refer try s subject to the Policy and Procedui es Corn- mittee passed on the following roll call vote: Ayes: Arnold, Beabrs. Clark_ Comstock, Norton; Pearson Noes: Dias, Gallagher, Wheatley University Avenue District Street ling and Beautification Projects - 1 te.- �- �:..`�._...... ' rrr_in ;:st cts ew�aww.n� MOTION: Count lm n Norton introduced the following resolution. and moved, seconded by Beahrs, its adoption: 127 6/14/71 Resolution No. 4462 entitled "A Resolution Abandoning Pro- ceedings Under Resolution No. 4387 of Preliminary Determina- tion and of Intention - University Avenue District Street Fighting Project No. 70-94 Assessment District" The resolution wan adopted by unanimous voice vote. MOTION: Councilman Norton introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4463 entitled "A Resolution Abandoning Pro- ceedings. Under Resolution No. 4386 of Preliminary Deterrnina-- tion and of Intention -. University Avenue District Beautification Assessment District Project No.- 70-95" The resolution was adopted by unanimous voice vote, Nee/ Business Councilman Pearson advised the Council that AB 1625 would come before the Assernbly- Ways and Means Committee on Wednesday, June 16, 1971. This Bill would authorize construction renovations to Dumbartc.l Bridge to be carried out prior to construction of the Southern Crossing. She urged Council to take action to request the Ways and Means Committee to delay their Hearing on AB 1625 until after the results of the City of Menlo .Park's Special Election on the Willow Expressway are known. MOTION: Councilman Pearson moved, seconded by Comstock, that the City Council direct the Mayor to write a letter to Willie Brown, Chairman of the Assembly Ways and Means Committee, requesting that the Hearing on construction of Dumbarton Bridge (AB 1625), scheduled to be held on June 16, 1971, be delayed until the results of the City of Menlo Park's election on the Willow Expressway are known: Following a brief discussion, the motion failed on the following roil call vote: Ayes: Arnold, Clark, Comstock, Pearson Noes: Be firs, Dias, Gallagher, Norton, Wheatley Councilman Berwald - Vacation Councilman Berwald directed the attention of Council to his memo of June 11, 1971 noting that he will be absent from the Council Meetings of July 12. 19, 26 and August 2, 9, 1971, and requesting Council approval_of his absence, There were no objections to Mr. Berwald'e proposed vacation schedule. 128 6/14/71 Senate Emergency Employment Program Mayor Wheatley referred to correspondence he had received from Senator John Tunney, requesting support for the Emergency Employ- ment Act of 1971, which the Senate passed and sent to the House on April 1, 1971. Senator Tunney suggested that, prior to the actual passing of the Bill, City staff and agencies might prepare a list of possible positions that could be filled by unemployed technical per- sonnel, particularly unemployed aerospace workers. (Councilman Norton left the Council Chambers at 11:10 p.m. and did not return.) MOTION: Vice Mayor C,G liagher moved, seconded by Beahrs, that Senator John V. Tunney's letter of June 7, 1971, and attachments, be referred to staff for appropriate action and acknowledgement. The motion passed on a unanimous voice vote. Adjournment Council n Clark, anticipating his absence from the June 21 and June 28 Council meetings, said he wished to thank retiring Mayor Wheatley, Vice Mayor Gallagher, and Councilmen Arnold and Spaeth for the pleasure of working with them on the City Council, Mayor Wheatley thanked Councilman Clark for his remarks. The meeting adjourned at 11:15 p.m. APPROVED: U 1 Mayor ATTEST: