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HomeMy WebLinkAbout04201970'J MINUTES 1 city of Palo alto Civic Center Palo Alto, California April 20, 1970 The Council of the City of Palo Alto met on this date at 7:30 p.m. with Mayer Arnold presiding. Present: Arnold, Beahrs, lierwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Spaeth (arrived 7:50 p.m.) Wheatley Absent: None Approval of Minutes - April 6, 1970 Councilman Clark requested that on page 245 of the Minutes of April 13 under Oral Communication (1 ..), that the following insertion be made at the ?aeginnir,4 of the sentence: "Make Arnold, member of the Youth Advisory Committee." The Minutes of April 6 were then approved.— -- Ecology Dater Mayor Arnold, as a matter of interest, reviewed the City's plans for Ecology Day programs and read a proclamation authored by Councilman. Comstock declaring April 22, 1970 as "Earth Day." Civic Center Dedication Mayor Arnold reported the success of the Dedication Day Ceremonies and commended staff and those who contributed in planning and car- rying out the program. He expressed thanks to those who loaned the art work and to the Garden Club for their floral displays. San FrancisnuiteCreck Diversion ySystem - Project No. -10 Councilman Gallagher read a letter, received the afternoon of April 20, 1970, from the Deputy District Engineer of the State Div- ision of Highways regarding the introduction of water into the creek and asked the City Manager for comments. 255 4/20/70 City Manager Morgan stated that the general consensus of the Flood Control Engineers of both Santa Clara and San Mateo Counties and the City's own consultant is that the amount of water being introduced into the creek is so minor there need be no concern. MOTION: Councilman Gallagher, on behalf of the Public Works Com- mittee, moved that the Council approve the staff recommendation regarding the San Francisquito Creek Diversion System, Project No. 66-10, that Alternate I be substituted for the previously approved Alternate Ill, City Engineer Witbeck responded to questions regarding the amount of water introduced into the creek, noting the initial stages will introduce 100 csf or approximately one inch rise in hydraulic grade of the creek and in the ultimate stages when all of the upstream development is completed there would be a maximum of 300 csf or approximately three inches. Lyle Hoag, consulting engineer, answered questions regarding the capacity at the Bayshore l)ridge and tidal effects, rioting the tidal con- dition is most irn portant and was taken into account in all of the alter- native conditions with each designed to operate at a tidal level which is somewhat higher than the mean high tidal condition. He responded to the letter from the Division of Highways, in which comparison was drawn to conditions upstream and downstream, noting it would -he possible to make a change inthe-improvements -now going on with the result to increase the water way produced by the interirn improve- -_ meats. This change would increase the levy height in the section between the point of introduction and Bayshore bridge. MOTION: Councilman Comstock moved, and it was duly seconded, to hear from the public although there is a motion before the Council. The motion carried unanimously. Karl Robe, 1833 Edgewood Drive, Palo Alto, read a prepared state- ment regarding flood conditions of the creek and concluded by expres - sing the opinion that tunneling under Bayshore would be the safest (Alternate III) with Alternate I the next safest. Harry Brown, President of Flood Zone Action Committee of 1959, spoke of diversion waters into the creek, the effect of tidal action and the difference in costs. Discussion followed with City Manager Morgan, City Engineer Witbeck, and Consulting Engineer Hoag responding to questions regarding coats and explaining that two reasons for the increase are inflation and more detailed knowledge of the magnitude of the problem of getting the struc- ture under Bayshore Freeway. George Korbay, respresent.ative of the Santa Clara County Flood Control Di' trict, responded tc a:ier.�.i...i5.. _ .•- --- _ -__�. _ ____w -.W .:..�ociasasiis diversion into the creek, stating the two flood control district feel confident the 6000 cfs project 256 4/20170 has a certain degree of safety built into it. Regarding additional pro- tection, he stated this could be added at this time to the project at a very nominal cost with both districts amenable to a change in the contract. AMENDMENT: Councilman Berwald moved, seconded by Spaeth, to amend the motion to require that an additional flow capacity of 300 cfs be included in the design specifications. Mr. Korbay responded to question regarding the additional capacity, stating it would be a simple matter to linearly raise the walls of the creek to provide this capcity, increasing the banks upstrearn perhaps 500 ft. , which would give additional capacity at a very nominal cost. The amendment carried unanimously on a voice vote. The motion as amended was carried on a majority voice vote. Cornmunityy_Cultural Center Mayor Arnold noted that George Crane of CAPA (Council for the Arts in Palo Alto) wished to speak at this time. There were no objections. George Crane, 1852 Bret Harte, Palo Alto, explained that CAPA is a public organizations open to all in supporting the arts and requested desk space in t:.e Community Cultural Center. MOTION: Councilman Gallagher, on behalf of the Public Works Com- mittee, moved that the Council approve preliminary pl.ans for the Com- munity Cultural Center and that the a=rchitect be directed to proceed with final plans for Phase 1, including Add Alternates Nos. 1 through 6. (NOTE: Phase 1 Program and Add Alternates listed below: 1 PHASE 1 - PROGRAM - Main Building General Conditions Demolition Site Building - Architectural Building - Mechanical, Plumbing Electrical, Fire Sprinklers Cas e.vor k Furniture Equipment Contingencies Total Construction Architect's Fee Total Construction $12,810 13,652 Contract Project 1 L.0..1 M i i� H aE 1 $ 1,150 9, 109 2, 769 56, 030 _ 1%7, 19, 600 250, 858 2 5, 086 27 5, 944 27,594 303,538 26, 462 ADD ALTERNATES 1. Paint remaining exterior surfaces not being repainted under the scope of the estimate 2. Substitute carpet for resilient tile in Lobby #114, Exhibit #115, Cor- ridors #106 and #129, Administra- tion #112 3. Substitute industrial type fluorescent fixtures in the Studio area for a lens type fluorescent fixture 4. Add two omitted sinks and counters in the Studio 5. Add 16 omitted storage cabinets in the Studio 6. Add the omitted Lobby furniture $ 3, 500 3, 900 6, 000 2, 400 4, 000 1, 700) James Coke, Project Manager for Corwin Booth and Associated Architects, responded to questions regarding parking, loading zone and the concept used in design. The motion carried unanimously on a voice vote. 'The Council recessed from 9:10 to 9:30 p. m. ) ,Counciirnen Norton and Spaeth did not return at this time). MOTION: Councilman Gallagher, on behalf of the Public Works Committee, moved that Phase II, HI and 'V of the Community Cul- tural Center be referred to staff for inclusion in the five year Capi- tal Improvement Program for 1971-76. The motion carried unanimously on a voice vote. (Councilmen Norton and Spaeth returned at this time). El Camino Park Develoornent (Veterans Buiading) Councilman Gallagher reported that due to mail delivery during the Washington's Birthday holiday, the Veteran's Organization did not receive notification of Council consideration of their building until after action had been taken and requested the matter be re -opened at this time. There were no objections. 258 4/20/70 Axel Johnson, 1120 Fulton Street, Chairman of the Veterans Council Building Committee, read a letter dated April 15, 1970 reviewing the history of the building, activities carried on, needs of the Organ- ization and their request to be permitted to continue to use the Vet- eran's Building, John Snow, member of the Veterans Organization, asked to speak regarding their activities. Mayor Arnold advised that the matter before the Council is the condition of the building rather than servi- ces performed and asked Mr. Snow to hold off at this time. MOTION: Councilman Gallagher moved, seconded by Berwald, that Council direct the staff to make a full and complete investigation of the building and report back to Council on its condition with recorn- rnenciathons as to improvement or discontinuance, also to include alternate recommendations of facilities that could be made available to the Veterans Organization; this report to come back to Co=ned by June 1st, City Attorney Hildebrand, in response to question regarding the status, advised that with regard to the lease there is provision for 180 days notice of termination. This notice has been given and in order to stop the effective date of that termination the Council would have to rescind the notice to terminate. CLARIFICATION: Ccuncih a►= Comstock noted that the intention the motion is also to continue the a.genda item before the Council, The motion carried unanimously. Building Code Conformity (CMR:502:0) MOTION: Mayor Arnold introduced the following. resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4345 entitled "Resolution of the Council of the City of Palo Alto Supporting the Goal of Uniformity in Building Codes" The resolution was adopted unanimously by voice vote. Coxnrr unity Action Agency - Economic Onor+t r• kci. .. MOTION: Mayor Arnold moved, seconded by Comstock, to continue for one week the application for recognition of a community action agency under Section 210(a) of the Economic Opportunity Act of 1964. MOTION WITHDRAWN: Mayor Arnold, with the consent of his second, withdrew the motion. It was agreed at this time to recog- nize anyone from the audience who wished to speak. 259 4/20/70 Mrs. Grace Dornhoffer, representative of EOC in Palo Alto and employed at Palo Alto Consumers Exchange, spoke in favor of the community action agency, advised the new corporation will ae called Economic Social Opportunities, and referred to previous Council approval of the Palo Alto Consumer's Exchange. MOTION: Councilman Spaeth moved, seconded by Comstock, that the Council accept the application of Agreement for Recognition of a Local Community Action Agency as set forth in the letter dated March 31, 19 70 from the Santa Clara County Board of Supervisors. The motion carried unanimously on a voice vote. Corr2 rehensive pfaylan ds Program MOTION: Councilman Clark moved, seconded by Spaeth, to con- tinue the matter for one week (April 27). AMENDMENT: Councilman Comstock moved an amendment to the motion directing the City Attorney to prepare a draft ordinance which would reflect the spirit of the Santa Clara County ordinance but with particular attention to the City's position. RULING ON AMENDMENT: Mayor Arnold ruled that a motion to - continue_ :G a_me' d cote only as to the time. The motion to continue carried on a majority voice vote. MOTION: Councilman Clark moved, seconded by Arnold, directing staff to review the model ordinance and modify it in such a way that would state Palo Alto's specific needs and come back with a sup- porting resolution which would endorse the concept of the Baylands program and moratorium ar.d indicating Palo Alto's position. The motion carried on a majority voice vote. Northern California Power Association Report MOTION: Councilman Dias introduced the following resolution and moved, seconded by Spaeth, its adoption: Resolution NO. -3346 entitled "Resolution of the Council of the City of Palo Alto Urgthg the Enactment of h Legista i....._W i7 t9; i; h Would Permit General Law Cities to Issue Revenue Bonds for Extensions and Improvements to Municipal Electric Distribution and Generation Facilities" The resolution was adopted on a unanimous voice vote. b0 4/20/70 Stu porting Position of South Bad Sewage Dischar ors David Coward, 4162 Wismar Drive, Palo Alto, read a prepared statement and spoke against passage of the resolution. MOTION: Vice Mayor Wheatley introduced the following resolution and moved, seconded by Beahrs, its adoption: Resolution No. 4347 entitled "Resolution of the Council of the City of Falo Atto Endorsing and Supporting Statement of Posi- tion of South Bay Sewage Dischargers to the San Francisco Bay Regioral Water Quality Control Board" Discussion followed on proposed action of the Regional Water Quality Control Board and what it would mean to Falo Alto. City Manager Morgan and City Attorney Hildebrand explained that the subject that will be before the Regional Water Quality Control Board an April 23 has to do with the prohibition of all waste discharges into San Fran- cisco Bay south of the Dumbarton Bridge and that the resolution before the Council suggests that such action is premature and requests time for complete studies regarding criteria and alternatives. AMENDMENT: Counc ltnan_-C,nrsto k shoved, seconded by Pearson, that paragraph No. 5 be deleted from the resolution. The amendment was defeated on a majority voice vote. AMF,PNDMENT: Councilman Berwaid moved, seconded by Spaeth, to amend paragraph No. 5 of the resolution by adding after the word "Bridge" the following: "to the detriment of those jurisdictions who have demonstrated cooperation and who have taken significant action to improve the quality of the bay waters." The amendment carried unanimously on a voice vote. AMENDMENT: Councilman Norton moved, and it was duly seconded, to amend the resolution by adding a new paragraph No. 6, with the present paragraph No. 6 becoming No. 7, as follows: "That the City Council of the City of Palo Alto commends the San Francisco Bay Regional Water Quality Control Board for the work it has done in the past to help improve the quality of water in San Francisco Bay.;' The amendment carried on the foliV wins roll :all .-ci i ., Ayes: Berwald, Comstock, Gallagher, Norton Pearson, Spaeth Noes: Arnold, Beahrs, Clark, Dias, Wheatley The resolution as amended was adopted on the following roll call vote: Ayes: Arnold, Beahrs, Berwaid, Clark Comstock, Dias, Gallagher, Norton, Spaeth, Wheatley lluea: Pearson 261 4/20/70 Be -In Study. Committee Report Bruce Clark, 855 Northampton, Chairman of the Be -In Task Force of the Youth Advisory Council thanked the Council on behalf of the Youth Advisory Council for allowing the Task Force two weeks in whic n to make their report. MOTION: Councilman Gallagher moved, seconded by Beahrs, that ',he recommendations of the Council Be -In Committee be approved. The motion carried unanimously on a voice vote. MOTION: Councilman Gallagher introduced the following ordinance and moved, seconded by Norton, its approval for first reading: "Ordinance of the Council of the City of Palo Alto Amending Section 22.04.070 (b) of the Palo Alto Municipal Code to Pro- vide for Crowd Control Monitors at Public Gatherings" The ordinance was approved for first reading on a unanimous voice vote, MOTION: Councilman Gallagher introduced the following ordinance and moved, on behalf of the Council Be -In Committee, its appro t ;1 for fist reading: - "Ordinance of the Council of the City of Palo Alto Arzzending Section 9. 12.010 of the Palo Alto Municipal Code Regulating the Use of Loudspeakers" City Attorney Hildebrand in response to question explained that the ordinance before the Council is the ordinance distributed to Council at the April 6th meeting and pertains to the use of electrical equip- ment and eliminates the use of this kind of sound production device between the hours of 11:00 p.m. and one hour after sunrise. The ordinance was approved for first reading on a unanimous voice vote. MOTION: Councilman Cornstock moved, seconded by Clark, to refer to staff for review and report the possi5_lities of sound/noise measurements on the basis of decibals rather than watts. The motion carried on a majority voice-v�`�es Adjournrnent MOTION: Mayor Arnold moved to adjourn the meeting. AMENDMENT: Councilman Comstock moved an amendment, seconded by Pearson, to adjourn to April 27; 1970. The motion carried unanimously on a voice vote. APPROVED: ATTEST: r ! 2 _.{ City C1er' 263 - 4/20/70-: