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HomeMy WebLinkAbout1982-02-08 City Council Summary MinutesCITY COUNCIL MINUTES' Regular Meeting Monday, February 8, 19.82 ITEM Oral Communications Approval of Minutes December 21, 1981 January 11 , 1982 Resolution of Appreciation to Eivind F. Taaje Resolution of Appreciation to Thomas W. MacGowan Resolution of Appreciation to Mary E. Roller Appointment o.f Two Planning Commissioners to Fill Two Unexpired Terms Ending 7/31/82 (Unexpired Terms of Cobb and Heneke Consent Calendar Referral Action Structural Repairs to Various City Buildings CIP 81-91 (CMR:139:2) Cultural Center Structural. Repairs CIP 81-03 (CMR:14D:2) Final Subdivision Map.- 431-441 College Avenue Adoption of the 198.1 Edition of the National: Electric Code (2nd. Reading.) Agenda Changes, Additions and Deletions Councilmembers Fazzino, Bechtel, Fletcher and Klein re Council Salaries Review of Santa Clara County Draft Environmental Impact Report on Proposed County Airports Master Plan CITY or PALO ALTO PAGE 1 6 7 5 1 . 6 7 .5 1 6 7 1 6 7 5 1 6 7 6 1 6 7 6 1 6 7 6 1 6 7 6 1 6 7 7 1 6 7 7 1 6 7 7 1 6 7 8 1 6 7 8 1 6 7 8 1 6 7 8 1 6 7 8 1 6 ITEM Mayor Eyerly re Resolution of Appreciation for Adlai E. Stevenson House PAGE 1 6 8 5 Vice Mayor Bechtel re A8 665 (Mortgage 1 6 8 5 Revenue Bond Financing for Multi .Farni ly Rental Housing) Councilmember Fletcher re Can and Bottle 1 6 8 5 Recycling Initiative Councilmember Fletcher re SB 1093 (Re Density Bonus for Developers) Council Adjourned to Executive Session re Litigation Councilmember Cobb re Bed and 5reakfast Establishments Request of Councilmember Witherspoon to Reconsid4r Item #9, Draft Environmental impact Report of Proposed County Airports Master Plan Cancellation of Council Meeting of 1 6 9 2 February 16, 1982 6 0 Request of Vice Mayor Bechtel to Adjourn Meeting in Memory of Dr. Russel Lee 1 6 8 8 1 6 8 8 1 6 9 2 1 6 9 3 Adjournment 1 6 9 3 1 6 7 4 2/8/82 Regular Meeting Monday, February 8, 1982 The City f';ouncil of the City of Palo Alto met on this date in the Council Chambers at City Hal l , 250 Hamilton Avenue, at 7:30 p.m. PRESENT: Bechtel (arrived at 7:34 p.m.), Cobb, Eyerly, Fazzino (left at 8:30 p.m.), Fletcher, Klein, Levy, Witherspoon, Renzel Mayor Eyerly announced the need for an Executive Session regarding litigation to be held during the Council recess. ORAL COMMUNICATIONS 1. Melanie Villafana, 425 High, said her car was stolen in October, 1981, which she reported to the Palo Alto Police Department, and as of February 8 she had heard nothing. Her license number was 101 BOF. 2. Bob Moss, 4010 Orme, President of La Comida, California, announced La Conida's ten-year anniversary party on March 5. MINUTES OF DECEMBER 21. 1981 Councilmember Fletcher had the following correction: Page 15783, third from the.last paragraph, beginning with the sixth from the last line, sentence should read, "She said -that it was the reverse situation in the industrial park .areas because there most people came..." Councilmember Klein had the following correction: Page 1550, third paragraph from the bottom, last sentence should be modified to read, "He was almo►sc prepared to accept it, but asked if there was any way he could light a fire under CalTrans by saying we were not heppy with the way things were going." Councilmember Renzel had the following correction: Page 1571, third paragraph from the bottom, the word "controls" shout -d' be "resale." MOTION: Councilmember Fletcher moved, seconded by Witherspoon, approval of the Minutes of December 21, 1981, as corrected. MOTION PASSED unanimously. MINUTE S OF JANUY 11 1982 Councilmember Klein had the following correction: Page 1592, second full paragraph, the word "nose" should be "reputation." MOTION Co`uncilmember-Klein moved, the. Minutes of January 11, 1982, as corrected. MOTION PASSED unanimously. seconded by .Levy, 1 5 7 5 2/8/82 RESOLUTION OF APPRECIATIONi TO EIVIND F. TAAJE MOTION: Mayor' Eyerly moved, seconded by Fletcher, approval the following resolution of appreciation: RESOLUTION 5997 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO EIYINO F. TAAJE UPON HIS RETIREMENT. MOTION PASSED unanimously. Police Chief Jim Zurcher said he was pleased to participate in honoring three Police Department employees who in total had devoted nearly 90 years in public service to the City of Palo Alto. He said Sgt. Taaje began work in the Palo Alto Police Department in 1954. Mayor Eyerly presented the resolution to Sgt. Taaje. Sgt. Taaj said he had enjoyed working for the Palo _Alto Police Department and that it had been a great experience. He thanked everyone. RESOLUTION OF APPRECIATION TO THOMAS W. MACGOWAN MOTION; Mayor Eyerly moved, seconded by Fazzino, approval of the following resolution of appreciation: RESOLUTION 5998 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO THOMAS W. MACGOWAN UPON HIS RETIREMENT" MOTION PASSED unanimously. -Chief Zu-rcher said that Agent MacGowan was a native Palo Aitan, and had served 29 years at the Palo Alto Police Department, but had served three years prior as a volunteer reserve police officer. Mayor Eyerly presented Agent MacGowan with the resolution appreciation. Agent MacGowan expressed his appreciation and .said it had been a pleasure being a police officer in the City of Palo Alto. RESOLUTION OF APPRECIATION TO MARY E. ROL ER MOTION. Mayor Eyerly moved, seconded by Cobb, approval of the following resolution of appreciation: RESOLUTION 5999 entitled "RESO,LUTION OF THE, COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO MARY E. ROLLER UPON HER RETIREMENT" MOTION PASSED :unanimously. Mayor Eyerly presented Ms. Roller with the resolution of appreciation. Ms. Roller thanked everyone. APPOINTMENT OF TWO PLANNING COMMISSIONERS TO FILL TWO UNEXPIRED Mayor Eyerly announced the appli-cants for, Counci lmember Cobb's unexpired term: Virgil R. Carter Mark Chandler Joseph I. Hirsch 1 -6 7 6 2/8/82 1 Walter L. Keller John P. Melton Robert N. Moberg Robert G.. Moss Reed Moyer John C...Northway Eros M.. Resmini John R. Shelton Yale E. Strausser City Clerk Ann Tanner announced the results of the first round of voting for Michael Cobb's unexpired term. VOTING FOR NORTHWAY: Klein, Witherspoon, Cobb, Eyerly, Bechtel, Fazzino VOTING FOR CHANDLER: Fletcher, Levy, Renzel City Clerk Ann Tanner said that John C. Northway was appointed with six votes. Mayor Eyerly announced the applicants to fill Constance Heneke's unexpired term: Mark Chandler Carol a. Feinstein Margit Hind Joseph I Hirsch John P. Melton Robert G. Moss Jonathan D. Schink Yale E. Stra.usser John D. Sutorius Virgil R. Carter City Clerk Ann Tanner announced the resultseof the first round of voting to fill Constance Heneke's unexpired term. VOTING FOR HIRSCH: Klein VOTING FOR CHANDLER: Bechtel, Renzel, Fletcher VOTING FOR SUTORIUS: Fazzino, Levy, Eyerly, Cobb, Witherspoon City Clerk Ann Tanner announced that John Sutorius was appointed with five votes. Mayor Eyerly said the Council was impressed by the list of appli- cants, and that they regretted that there were only two positions to offer. He reminded the applicants that two openings would be coming up on the Architectur jl Review Board, and hoped the appli- cants would resubmit their names. CONSENT CALENDAR Referral None Action MOTION: Counci iwember .Fazzino moved, seconded by Levy, approval of the Consent Calendar. STRUCTURAL REPAIRS TO VARIOUS CITY BUILDINGS CIP 81-91 Staff recommends that the Mayor be authorized .to execute the agreement with Sigrid Lorenzen Rupp/Architects for engineering services at the previously designated public buildings for a fee of $11,500, AGREEMENT PROFESSIONAL CONSULTING SERVICES Sigrid Lorenzen•Rupp/Architects CULTURAL CENTER STRUCTURAL REPAIRS - CIP 81-03 (CMR:140:2) Staff recommends that the Mayor- be authorized to, execute the attached agreement with Sigrid Lorenzen. Rupp/Architects for engineering services at the Cultural Center for a fee of $19,000. AGREEMENT - PROFESSIONAL CONSULTING SERVICES Sigrid Lorenzen Rupp/Architects FINAL SUBDIVISION MAP 431-441 COLLEGE AVENUE (CMR:145:2) Staff recommends that the Council continue consideration of the Final Subdivision Map to February 22, 1982. ADOPTION OF THE 1981 EDITION OF -THE NATIONAL ELECTRIC CODE 2nd 17771.7 i' ORDINANCE 3332 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 16.16 OF THE PALO ALTO MUNICIPAL COOE TO ADOPT THE 1981 EDITION OF THE NATIONAL ELECTRIC CODE, AND TO MAKE CHANGES THERETO" (1st Reading 1/25/82 Passed 7-0, Renzet, Witherspoon absent) MOTION PASSED unanimously. AGENDA CHANGES, ADDITIONS AND DELETIONS MOTION: Councilmember Fazzino moved, seconded by Klein, to bring forward Item "O, Council sal°arms, MOTION PASSED unanimously. COUNCILMEMBERS FAllINO, BECiiTEL, FLETCHER AND KLEIN RE COUNCIL MOTION: Councilmember Fazzino moved, seconded by Fletcher, to adopt pay schedule of $400 for all Councilmembers and direct City Attorney to revise ordinance. Councilmember Levy said the matter was discussed at some length a while ago and at that time it was decided that no Councilmember should be allowed to vote an increase in his or her own salary during the terror that he or she was serving. He did not. favor 'the increase and if the motion passed, he would return his portion to the City. Councilmember Renee] said she would not participate in the' matter. Counci lrember Klein said •_that i all the coffees`, etc. he had attended, no citizen had ever brought up the issue of pay which 1 6 7 8 2/8/82 he took to mean that the citizenry of Palo Alto recognized that people served on the Council because of their dedication to pub- lic service. He said that given the inflation which had occurred over the past 14 years, he thought $400 per month was appropri- ate. While he recognized Councilmember Levy's sentiments, he didn't think it was a good idea to have two classes of Council - members. He said he would Vote in favor of the motion. MOTION PASSED by a vote of 7.1, Levy voting "no," Renzel "not participating." MOTION: Mayor Eyerly moved, seconded by Fletcher, to direct staff to give a report on Council benefits and include cost impact. Councilmember Witherspoon suggested that staff do the report as part of the regular budget process. City Manager Dill Zaner said that compiling the data was not com- plicated, and said staff could report the data back tea .Council, and the Council -could either defer it to budget or take action. MOTION PASSED by a vote of 7-2, Renxel and Levy voting "no.." REVIEW OF SANTA CLARA COUNTY DRAFT ENVIRONMENTAL IMPACT REPORT ON D C SI ER PLAN { CMR : 1 Director of Planning and Community Environment Ken Schreiber said that last fall :the City of Palo Alto received Santa Clara County's proposed Master Plan for the general aviation airports in Santa Clara County. He said that the Master Plan was in prep- aration for several years and was referred to the City of Palo Alto for comment. A staff report on the Master Plan was dis- tributed, but the City Council's review of the Master Plan itself was delayed pending receipt of a draft environmental document :,from the County. He said that document was received about a :Month ago, and the issue tonight was a review and comment . on the draft environmental rcporte Under State Environmental Review Guidelines, the County was obligated to respond to the City's comments, but did not necessarily have to do whatever the City wished to have done. He said staff had reviewed the draft EIR and was .concerned that the project was defined not as_a Master Plan, but as a Master Plan to expand facilities. he was con- cerned about the scope and depth of the EIR itself, the lack of valuation of most of the details -in the document, and the draft EIR's consistent avoidance of 1980 activity data while focusing on 1978, 1979, -and some theoretical numbers.- He said Council's task was to determine which of staff's camments, plus whatever other material, should be forwarded to the County for a public nearing tomorrow night. and Friday. George Ganschow, 768 Henderson, .Sunnyvale, representing. the California Aviation Council, Northern California, Vice President, said that the Environmental Impact Report (EIR) forecast only showed the existing tie -down aircraft on the airports, but not the extensive waiting lists, which totaled about 2,500 on December 1, 1980, on 'all of the bulletin boards throughout the County. Orval Fairbairn, California Aviation Council, said that general aviation was a very energy -efficient source of transportation. He said the small airplane had better gas mi teage than the automobile and you got there faster. He said the airplane was the least land intensive mode of .transportation outside of water transportation. The only thing needed for air transpora- t i on was a small strip of land at each end of the trip, and the rest of the -land was left undisturbed and completely inviolate. He also said that aviation pa..id its own way as far as taxes, and that currently the City of Palo Alto was turning $152,000 per year in taxes from Palo Alto Airport, and spending $4,000 for police protection. He contrasted the golf course deficit of 445,000, and said that the bird sanctuary was also running , at a deficit; therefore, the Palo Alto Airport was supporting the Baylands. He said that the EIR called for an expansion of about 90 airplanes at the Palo Altd Airport at an' average value of $20,000 per airplane, or approximately $200. of tax per airplane per year, at 17. He said that the $200 figure was recently raised to $300 --approximately $20,000 to $30,000 per year beyond the $152,000 shown in the Master Plan. He said the issue previ- ously in -Palo Alto was the 3aylands, but when he flew out of the airport yesterday; and, when he landed at the second turnoff, a big, beautiful pheasant strutted in front of everyone and did not even look up when he took off. He said that if he had walked out there like people did in the nature°sanctuary, some of whom had a dog in tow, that pheasant or any other bird would have been long gone. He did not see how the airport harmed the Haylands. Mayor Eyerly commented that the discussion tonight was for com- ments on the EIR, and deferred to the City Attorney for explana- tion. City Attorney Diane Lee said that in reviewing the EIR prepared for the project, the report addressed the environmental conse- quences of the project as proposed. She said that the Council's action tonight related to those environmental consequences and those matters contained in the EIR. She said -that comments about other aspects of the Master Plan were not appropriate and would be out of order. Mayor Eyerly asked Mr. Schreiber when the Airport. Master Plan would be back to the Council for more general discussion. Director of Planning and Community Environment Ken Schreiber said the exact date was unknown, but that it would be after the County responded to the City's comments on the EIR. Mr. Fairbairn said that the EIR stated that airports which served common commercial carriers contributed to the population and the economic .growth of an area, but that private and corporate air- craft were a product and did not. He said they were partially a product of the economy of the area, but that private and business aircraft contributed to the growth of an area because they pro- vided a lubricant to business. They helped facilitate whatever. business was being done in an area. He said that Hewlett Packard wanted to .be able to communicate not only by telecommunications, but also with personnel in the outlying areas like Santa Rosa, Portland and areas in the Malley. He said it was as 'nuch an integral part of the transpOrtati_on network as automobiles, light rail, or commercial air; and, at present with deregulation, it was about the only Method to communicate at high speed between here and any of the smaller towns in California. Mr. Fairbairn said that regarding reductions in airport activity, there was a. huge waiting list in Santa Clara and that it was not realistic\ to even consider reductions or status quo in the air- ports. He said that what was really needed was full utilization of. all,; the airports available and that even more were needed to handle the present demand. City Attorney iii ane . Lee suggested that speakers reference spe- cific portions of the EIR documents, which might serve to facili- tate everyone in analyzing the comments 1 6 8 0 2/8/82 Connie Gould, 1736 Groner Avenue, Menlo Park, said she flew her plane out of Palo Alto Airport. She said that the EIR mentioned the noise level which might be encountered. She commented that the worst predicted was still at -an extremely low noise--level-- that practically no one had ever complained about the noise. She said that the pattern of the airport was such that most of the ;noise generated by the planes -was in San Mateo County. She lived in San Mateo County, and said there did'not appear to be any problem._ City Manager Bill Daher said that copies of the EIR were included in the packet of January 21, and were also in the libraries. Councilmernber Witherspoon said she was unclear about the state- ment, "inel ude alternatives to the proposed Master Plan that did not assuM4 expansion of general aviation facilities." Director of Planning and Community Environment Ken Schreiber responded that staff was concerned that the way the project was defined and the alternatives :structured, expansion of the general aviation facilities was assumed. He said staff sent a letter to the County in December stating that there were a number of alter- natives which could be looked at which would not involve expan- sion of the facilities at Palo Alto, i.e., no physical changes, but rather operational changes to improve the function of the airport. Cauncilmember Witherspoon clarified that the EIR did not ade- quately address a solution to accommodate the future capacity of Palo Alto by an operational change rather than a physical change. She said that made sense to her, and thought it should be worded that the City preferred that the County consider alter- natives to physical expansion at the Palo Alto Airport by accom- modating growth through operational adjustments. Regarding - com-ment No. 6 on Page 5 of the staff report and whether a factual analysis should be undertaken, she thought the statement- con- tained in the EIR was the same one usually in EIR's about whether renewable resources, such as concrete and asphalt, would be used in the physical expansion. She thought a factual analysis of whether gravel, as opposed to asphalt, could he used on the run- ways was unnecessary. Mr. Schreiber said staff was concerned that expansion of the air- port involved energy consumption costs dS well as dollar costs. An EIR should carry out sonie type of an analysis of that cost -- the impact on energy use and the amount of energy consumed versus the benefit gained. He said that in December, staff indicated they would like that point addressed in some detail, but when it was addressed, it amounted to a superficial treatment of a leeitirnate concern. He said staff was concerned that airport expansion could be argued to be efficient because it would save transportation energy. Oftentimes, that analysis did not con- sider the energy it cost to construct the airport. Counc lmember Witherspoon felt that the comment "for various reason, many of which are outlined in the EIR, the City would prefer that there not be a physical expansion of Palo Alto Airport" would be more helpful to the County than:;. proposing an analysis. Councilmember Renzel said that regarding that same comnelt,:in order to evaluate environmental impacts, detailed analyses were needed. She "thought that the conclusions of those analyses_ Were not preordained', and it might be.. that there was a significant 1 6 8 1 2/8/82 environmental improvement by those resources. She thought it was important for those details to .be presented in terms of energy usage and materials usage. COUNCILMEMBER FAllINO LEFT. AT 8:30 p.m. Counciirnember.Renzel thought that rather than generalizations, the report should contain information that there were so many passenger miles-, and. it was so much fuel per passenger mile which would be spent elsewhere. She thought that. that information should be weighed and that the data should be fairly easily attainable from basic statistics regarding air travel and compare able auto travel, etc. Councilmember Witherspoon said that if Mr. Schreiber and Council - member Renzei- could come up with something specific regarding what should be measured, then she would agree. Councilmernber Cobb said he also disliked the fuzzy language. He _suggested that the noise levels relate to db 's which most people could relate to, which in turn could be a.related to a quantitative way as to what was acceptable in an area near recreational uses. Councilmember Fletcher generally concurred with the staff analysis. The major flaw she saw in the EIR was that the -report addressed the situation as it would be if the airport was expanded, which compared to what would happen if the new Flan were to be put into effect. She thought the current situation was not one of the scenarios analyzed or compared with the other two. She thought the safety aspect of the airport needed to be included, and the fact that the hird'sanctuary presented a hazard to the pilots which was mentioned in the FAA Manual for pilots, and which had resulted in multi -million dollar lawsuits filed as a result of deaths resulting from air crashes where birds allegedly caused the crash. She thought that was significant and that the 1 aOsu i t s could wipe out any profit.gained from the air- ports. She said she had attended a meeting where the Moffett Field Commander said he was concerned about flight path corridor conflict hetween the activity at Palo Al to Airport and the mili- tary f1i9hts, which was not -addressed in the EIR. She was al -so concerned that the flight patterns that pilots were requested to use --to fly over the Bay and -not over residential areas was not adhered to. She indicated that she recently was taken up in an airplane by the consultant doing the study, and when they were coming into Palo Alto Airport, there was a plane landing and coming in directly over Embarcadero Road. She had received a number of communications from people complaining of the noise activity, and that the flight pattern ;should be included in the EIR. Councilmember Fletcher referred to page 52, the statement that "A reduction in energy use and airport activity might increase the amount of petroleum fuels since .air trips to the Santa . Clara County area would be diverted to airports located away from the area and would have to be completed as an auto trip," missed the boat. She said people worked in Palo Alto, that lived 50 or 60 miles away, and that if the airport were not there, their pat- terns would be changed Regarding employmenton page 53, and the statement that "Employment within or, rel a t,:ed to the airports were not considered primary since they did not generate additional` jobs within the. community," Councilmember Fletcher said the EIR mentioned the building of another commercial structure which would generate additional employment. 1 6 8 2 2/8/82 1 1 Councilmernber_Renzel thought that staff should convey that on page 11, under B(2), where it refers to the "approved Palo Alto Airport layout plan," that Palo Alto had disapproved it. Regard- ing the recent approval of the new tie -down area and the apron area, she thought there were some specific limits on tie -downs established at that time, and An the proposed Master Plan it refers to "future aircraft parkinj." She realized that planes came into Palo Alto and left again, but she thought that the tie -down system was already established to accommodate that. She did not think there had been any analysis of the visual impact of having a lot of aircraft parked out on the final entry into the natural Baylands. She thought that should be addressed, plus any additional paving that might be needed. She said that the relo- cation of_ the new terminal building was not addressed, or -whether it was acceptable to the City of Palo Alto. She was concerned about the statements on page 11 regarding the_ approved Palo Alto Airport Layout Plan with an operational capacity of 510,000 trips because at the time the Baylands Master Plan was being done and the Comprehensive Plan, hundreds of citizens protested any expan- sion of the airport. She thought that the City Council's and the citizens concerns about any increase in operations should be clearly stated. She was concerned that she saw no reference to drainage from the huge paved areas and where it went. She thought it went into the adjacent slough which meant aircraft fuel and oil went down into the Baylands. She referred to a significant fuel spill at the airport recently, and thought it was worthy of mention that any projects there needed to address how drainage would catch any oils and fuel. Vice Mayor Bechtel commended the staff for their excellent analysis of the EIR, and said she realized that the County staff had gone to some length to prepare the EIR. She was disappointed that it did not go into the depth the Council would have liked because the airport affected Palo Alto, and . it was a requirement that a thorough and adequate EIR be prepared. She thought the comments made by Counci lmenbers Menzel, Fletcher and Witherspoon were good. MOTION: Vice Mayor Bechtel moved, seconded by Cobb, that staff be authorized to transmit to Santa Clara County their -recommended comments on the Draft Environmental Impact Report, and that, the comments of Counci lrrembers contained in the minutes of the City Council meeting of February 8, 1982 be included. Mayor Eyerly felt that staff's review was well done. He said that within the County's EIR were the fold out sheet of the pro- posed Master Plan, the Palo Alto Airport Layout Plan and a pro- posed Capital Improvement Program but they were not addressed in detail, and he thought that information should be reviewed in detail in the EIR rather than coming at a later date. l'om Rountree, Agency Environmentalist for the Santa Clara County Transportation Agency, pointed out that the Master Plan was .a long range planning document. As such, the Santa Clara County Transportation Agency thought it was appropriate, under the California Environmental Quality Act (CEQA) to write a program or broad scope EIR on that planning document. He said it -must be realized that the developments or recommendations in the Master Plan were things that Would not be put into effect, or if they were, would not be done for years or decades down . the road. He thought that to get specific at this point, with the kind of information available, was not appropriate. He said that the EIR_ said that if there was any kind of development in any of the air- ports, a subsequent environmental document would be written. If a proposal was to put a taxiway in at Palo Alto Airport, a 1 6 8 3 2/8/82 specific environmental impact report, written with current infor- 'nation, would be written on that proposal. He said that was the only way to do it; otherwise, there would have been an expensive document which would not have been a good planning tool. Fur- ther, regardin:j the three alternatives contained in the EIR to 1) discuss environmental impacts of the Master Plan; 2) assess the environmental impacts of the Master Plan currently in effect which was adopted and approved by the County and guided the development and operation of all the airports; and 3) to write a Master Plan on existing conditions, which Was in the EIR. He said that if all future development of the airports were to stop right now, that alternative was _covered in the EIR. He said that all comments would be looked' at in the final EIR. Mayor Eyerl y said that if the County suggested certain changes or improvements for future development, and a specific environ- mental document was prepared, what type of a process would the City of Palo Alto have :to address the EIR, and what type of process would -the public have to speak. Mr. Rountree responded that one item in the approved Master Plan was to add runway lights at the South County Airport. He said a draft oenvironmental impact report was written, and a public scoping meeting was held attended by representatives of the pub- lic agencies and interested citizens, and now they were in the process of writing a complete EIR on putting in runway lights. He said a public hearing would be held on April 6, where all agency and citizen comments would be addressed. Then the County would go before the Board of Super!isors who would look at the LIR-, and the comments, and make a decision. He thought that the se'r'e thing world happen in Palo Alto; and, because of the contro- versy involved, he could not imagine the County doing anything at Palo Alto without writing a complete environmental impact re- port. Mayor Eyerly said he wanted assurances from the County that if future develOpments did occur, the City of Palo Alto would not be precluded from the same types of time frames for public hearings, etca as with the EIR. He presumed that would be the process the County would follow. Mr. Rountree said that was correct, and that according to the lease between the County and the City of Palo Alto, the third lease amendment, and a policy decision by the Board of Supervi- sors, the County was not able to do anything at the Palo Alto Airport without the approval of the Palo Alto City Council. He Said the County Transportation Agency realized that fact, and would work with the City of Palo Alto. He reiterated that the County was trying to write an environmental document on a plan- ning tool, and that to get specific on a document of that nature would be an exercise in futility. Counci lmember Fletcher commented that regarding the lights at South J:ounty Airport, they were going to go in without an_ EIR. Considerable public consternation developed and the decision to the EIR was subsequently made. She said it was not a routine process of the County that all developments were was by a detailed EIR and public hearings. The problem with a cursory EIR and having to. wait for the detailed EIR as the developments, pro- ceed was that the City :Council 1 would be, asked to approve the. County's Master.Plan, and would need the detailed analysis before approval of the _ Master Plan. She said that tance the Master Plan was approved and An effect, then the City Council had__ less, lever- age .,for preventing future developments, which was` --why -the Palo 1 6 8 4 2/8/82 Alto City Council wanted the information now. Councilmember Renzel said that once the general Master Plan was approved, the Palo Alto City Council would be told in the subse- quent detailed EIR that, everything was in conformance with the Master Plan. MOTION PASSED unanimously, Fazzino absent. MAYOR EYERLY RE RESOLUTION OF APPRECIATION FOR ADLAI E. STEVENSON USE Mayor Eyerly said that the Adlai E. Stevenson House organization: was an important -part of Palo Alto s program for housing for elderly people in the low priced ranges. MOTION: Mayor Eyer'ly moved, seconded by -Klein, that staff be assigned to craft a resolution of appreciation -for Adlai E. Stevenson House. MOTION PASSED unanimously, Fazzino absent: VICE MAYOR BECHTEL RE AB 665 MORTGAGE REVENUE BOND FINANCING FOR Vice Mayor Bechtel said that AB 665 authorized cities and coun- ties to undertake mortgage revenue bond financing for construc- tion of rnulti-family rental housing up to a limit of $900 million annually, and that 20% of those units- would be for lower income households at affordable rents. She said that present legisla- tion allowed mortgage revenue bond financing for single family units only. MOTION: Vice Mayor Bechtel moved, seconded by Fletcher, that the Palo Alto City Council indicate its strung support for AB 665 in a letter to be signed by the Mayor which would be sent to the Palo Alto area legislators. Counci lrnernber Renzel said she supported the mortgage revenue bond concept for financing multi -family rental housing, .and was con- tinually concerned that the size -of family was not taken into account in the allocation of the funds nor was the size of the unit in determining the price per square foot in thos-t alloca- tions. AMENDMENT: Counc i l member Renzel moved, .seconded by Bechtel, that the priority system take into consideration•the size of the fam- ily and the size of the .unit by price per square foot. Counci lrnernber Levy said that since the 'motion conflicted with his professional errrployrnent, he- would not. participate in the item., AMENDMENT -PASSED by - a vote of 6-1, Witherspoon -voting "no," Levy "not. participating," Fazzino absent, MOTION' AS AMENDED PASSED unanimously, Levy "not -participatin Fazzino absent. 1 COUNC1LMEMBER FLETCHER RE CAN AND BOTTLE RECYCLING INITIATIVE Councilmentber Fletcher said a bill was being introduced annually since 1975 to require -a five cent-deposit..on all beverage con- tainers, and each year the special interest lobbyists cage in and defeated it. She said that the people 'had taken things into their own hands by starting an initiative to put the matter on -1.6 8 5 _ - - 2/8/82 the ballot. She said that several states already had such a law and the litter reduction was dramatic, as did the national parks. She read that in Yosemite, the litter was reduced by 90%. She hoped the initiative was successful and looked forward to cleaner parks. Since Palo Alto was concerned about running out of space at the landfill, she asked Steven Moore, the City's Manager of Recycling Programs for an estimate on the reduction of solid waste, and she was told that it would probably be about 6%. MOTION: Councilmember Fletcher moved, seconded by Cobb, that the Council .endorse the Can and Bottle Recycling Initiative and indi- cate that fact in writing to Californians Against Waste, the sponsors of the initiative. Counci 1ae;siber Witherspoon pointed out that the Petition referred to "any beverage containers sold or offered for sale..." Irene Sampson, 3992 bibbits Drive, Palo Alto, represented the Palo Alto League of Women Voters (LWV), and said that the LWV was actively backing the drive to return returnables, and that mem- bers throughout the. State were collecting signatures so that people of the State could vote for their deposit law. She said polls had indicated strong citizen support for a bottle bill, and that Californians realized the advantages it would bring. Californians were concerned about the litter created by throw- aways and about the waste of precious natural resources. She said the LWV did not readily participate in initiative campaigns and believed in the legislative process --the system through which most laws were passed, but in this instance the legislature failed to pass bottle bills time after time, in, spite of well known public sentiment. She said the LWV supported those bills, as did many other citizens of California, and believed it was time to let Californians speak out as individuals. The League of Women Voters urged that the Palo Alto City Council add Palo Alto to the list of cities which endorsed the container deposit ini- tiative. Counciimember Levy said he supported the initiative, and if the Council approved the motion and the initiative reached the ballot this year, he would propose that staff prepare a notice to be irn.c.luded in a utility mailing prior to the election informing Palo Alto residents of the Council's action and briefly stating the effects within the City of Palo Alto. Counci1nember Renzel--supported the initiative and the motion to support it as a Council. She thought Palo Alto was fortunate to have a clean city on the whole, but said that there were manly places where parks, playgrounds and sidewalks were rendered unus- able by broken. glass and various debris from drinking containers. She thought that in terms of conservation of resources, including 'land and -public places, it was very important to support the measure. City Attorney Diane Lee pointed out in response to Councilmember Levy's statement for a utility mailing, that case law existed which would make it difficult for the Council to use public funds in order to disseminate information either pro or con on a ballot measure whether State or local. Mayor Eyerly added that he thought this type of action had been before the State before and that it always seemed to get defeat- ed He hoped that through the initiative it would not happen this time. 1 6 8 6 2/8182 MOTION PASSED unanimously, Fazzino absent. MOTION: Councilmember Levy moved, seconded by Fletcher, that the City Attorney prepare a report to the Council on appropriate methods in which to disseminate the Council action on the issue to the citizens of Palo Alto. 1 1 Councilmember Klein said he would vote against the motion. He strongly supported the bottle bill and thought it was a superb piece of legislation. He felt that Councilmember Levy's motion carried inherent dangers, and that if it were used here, it would be used on other things as --well. He thought it was irnportant that the Council not get in the position of using public funds to advocate a "yes" or "no" on any particular proposition, and that if the Councilmembers wished to take out ads, then they should dip into their own pockets and so advertise. Councilmember Fletcher said that Palo. Alto_ was very involved in energy reduction and recycling efforts and would benefit by having the fitter reduced, and thought it was in the public's interest in this particular. -case. If it was legally possible, she thought it was appropriate for the Council to take action. Vice Mayor Bechtel felt that the most appropriate way would be to provide factual information --an estimate of how much of Palo Alto's dump was being filled with discarded bottles or cans. Councilmember Levy asked if the Council was going on record on an issue, but was prevented from telling the citizens what had been done. He wanted to let the citizens of Palo Alto know what the Council had done and why. He agreed with Vice Mayor Bechtel that there were ways to do it which were informational in nature. Councilmember Klein asked if Councilmember Ley would be willing to put out similar arguments advanced by the opponents. Councilmember Renzel said she was concerned about using the City's public informational network to take a stand that was politicking for it. She thought it was sufficient that the Coun- cil was lending its stature as a Council to a campaign and agreed with Councilmember Klein that the Councilmembers should contri- bute and participate as individuals in the campaign.. -She said there was a concern about government taking the campaign position and thought it could be construed as heavy-handedness and set an unfavorable precedent. Councilmember Cobb said he enthusiastically supported the initia- tive, but did not think the Council should politick in any way through City channels. Mayor Eyerly said he could support the motion because,_ as he understood it, it was simply to direct the City Attorney to_ return information to the Council on possible appropriate ways to disseminate.information. MOTION FAILED by a vote of 4-4 as follows: AYES: Eyerly, Fletcher, Bechtel, levy NOES: Renzel, ABSENT: Fazzino Cobb, Klein, Witherspoon 1 6 8 7 .2/8/82 Mayor Eyerly said that regarding Item #9, the Airport Master Plan EIR, he had been been asked by a member of the audience whether the comments by the audience would be incorporated by the staff in the comments to go to the County. Director of Planning and Community Environment Ken Schreiber said those comments would only be forwarded if the Council so direct- ed. COUNCILMEMBER FLETCHER RE SB 1093 (RE DENSITY BONUS FOR Councilmember Fletcher said that SB 1093 would require that cities give density bonuses to developers, equal to what would be allowed over the entire site, in cases where dedication of land for parkland was required. She was upset -whenever the legisla- ture told cities to treat developers in a certain way, and had visions of Cubberley High School being sold off for development, the City requiring the developer to dedicate the open space and only build on the built up eareas, and the City having to allow the developer enormous densities to make up for the dedicated land. MOTION Councilmember Fletcher moved, seconded by Cobb, that the Mayor send a letter in strong opposition to SB 1093 to all mem- bers of the : Cal iforn i a State Senate. r,ounci-lmen ber Cobb underscored Counci 1member Fi etcher's comments regarding the :legis,latere taking initiatives away fron, cities in one way or another and was troubled by it. He attended -a League of California Cities meeting and a. prevailing trend which- was very evident was the degree to which the State was becoming the decision -makers that impacted the cities. Council:ne"ber Renzel- supported the motion and thought. that S8 1093 would-be a •very cumbersome process for determination- of the need -for parkland. MOTION PASSED unanimously, Fazzino absent:. - COUNCIL ADJOURNED TO EXECUTIVE SESSION RE LIIIOATIOrN FROM 9:30 p.rn. p.m. Mayor Eyerly announced that in Executive Session the Council had directed the CityAttorney and the Mayor to have discussions with the City of San Mateo regarding the litigation they asked. Palo Alto- to join concerning the lack of representation in the State Senate and to report that information back to the Council. C0UNCILMEMBFR COBB RE BED AND BREAKFAST ESTABLISHMENTS Councilruember Cobb said he raised ,nis issue in order to have it clarified for the public record because his impression was that it had been discussed in the community for some months. He cited. a feature story in the Palo Alto Weekly late last year on the subject, a public discussion in a neighborhood group, and that the Planning Commission had also discussed it. He clarified: for the record that -he did _not mean to imply any personal .knowledge that, there was any such establishment in_ operation at this time because he had- no such knowledge. He commented that the staff report which was prepared in response to his Memorandum was: included in time for tonight's meeting for which he commended Sandy Sloan: and Marlene Prendergast. He deferred to the City Attorney for a definition of bed and breakfast establishments and how it related to zoning in Palo Alto. 1 6-8 8 2/8/82 _City Attorney Diane Lee reported that "bed and breakfast" use was lodging and as such was not a permitted or conditional use in single family zones. She said lodging was permitted in all multi -family zones and in all commercial zones. she said there was discussion in the ordinance about "bed and breakfast" and the fact that because people did not stay for more than thirty con-- secutive days, the City's position was strengthened inAhat they were transient type of uses and lodging. Councilmember Cobb asked Director. of Planning and Community Environment Ken Schreiber if given the prepared staff report, he felt that unless the City was about to change the distinction made between the R-i and R -2t zones and the other zones where it would be a permitted use, was any clarifiying language needed in the ordinance. Director of Planning and Community Environment Ken Schreiber con- cluded that the current language and the regulations within the. multiple family zones, parking requirements, etc. were adequate to control this type of use in the multi -family area. He felt that only if the question became single family areas would there be a need for additional analysis, and he recommended that this type of activity not be opened up in the single family zone. Mayor Eyerly mentioned that the Council_ had received a petition which contained 21 na€nes in their packets in opposition to bed and breakfast operations being expanded, and two individual let- ters in support of bed and breakfast operations. He understood that staff felt Ahere was no need to strengthen the current ordinance as far as bed and breakfast, and that they were allowed in multiple family and commercial zones. Councilmember Cobb said that the staff's response to his request to agendize the smatter was sufficiently thorough and complete and .that as far as he was -concerned, no further action was needed. MOTION: Mayor Eyerly shoved, seconded by Fletcher, to hear from the public regarding bed and breakfast establishments. MOTION PASSED by a vote of 7-1, Klein voting "no," Fazzino absent. Michael Eberle, 253 Addison, wanted to go on record that he believed in the spirit of snaking a profit on an investment, but to do so in violation of the law was wrong. Dyanne Ladine, 158 Park Avenue, an attorney representing Peggy and John Woodworth, said they were a couple who had operated a bed and breakfast in Palo Alto and who had stopped when they were informed that it was not acceptable in Palo Alto. Concerning the City Attorney's report, .she believed that from -a legal point of view it was not an airtight argument and would address that issue in the future. She said that bed and breakfast had created a lot of emotionalism because it appeared that a lot of neighbors had a fear of a commercial venture which would take place. In reality the breadth of the kinds of things that could take place under the term of bed : and breakfast ran a broad gamut., She pointed out that the Woodwbrths had two paying guests in their home for less than thirty days, as opposed to more than_thirty days, which was acceptable_ under the present zoning laws. She said that parti- cular activity! in all five of the cities and counties which she contacted, was acceptable. The fine line' appeared to be that it ► , ;. acceptable if ; you had a paying guest in your home for more than thirty days. She believed the issue would end up being one - 1 6 8 9 2/8/82 the impact on the neighborhood. If there were no negative im- pacts on the neighborhood, then it would be hard to accept the fact that a zoning law, which was supposed to be geared to the impacts on a neighborhood, could be upheld simply on the differ- ence of a couple of days. She thought that the legal issue, and emotional issue, would boil down to whether "bed and breakfast" would negatively impact the neighborhood. She urged that the matter should be sent to the Planning Commission .for evaluation. Jim Richardson, 353 Addison, felt that the issue was whether zoning meant anything. He pointed out that under a "bed and breakfast." operation the rent for one room could equal the rent from a four -bedroom house. He thought it was a large economic driving force and if the use was permitted, most large homes would be converted to that use. Gene McDaniel, 943 Scott Street, agreed with Mr. Richardson. He wanted his neighborhood preserved, and was opposed to any kind of "bed and breakfast" activities. ...George Varian, 327 Addison, was opposed to any changes in the zoning ordinance which would further, the development of "bed and breakfast" operations in his neighborhood. Colin Mick, 2130 Hanover Street, thought the topic was -intrie yuiny, and thought staff's attitude was unsympathetic and uncrea- tive. He commented that it had been said that bureaucrats could always find 15 reasons against doing soMethirg and needed to be shown 15 to 25.reasons before they were willing to do anything or to make a change. He felt that the use, in this case, was not explicitly against the law, but -rather was ruled by staff t� be against the law. He recommended that the impacts of "bed and breakfast" be evaluated to see if there was a place for them in Palo Alto. Milly Davis, 344 Tennessee Lane, said that in September, 1981, the Palo Alto Neighborhood Coalition was against any changes in the zoning ordinance to legalize bed and breakfast use. .Since that time, the Neighborhood Coalition formed a subcommittee to study the issue and to report back to a general Neighborhood Coalition meeting. She said some effects which should be consi- dered were: 1) would legalization of bed and breakfast in single family -areas reduce the number of rental rooms available for students and .locally employed people; 2) what would be the results of any shortage of rental space for permanent residents of the area; 3) would, legalization of bed and breakfast in R-1 areas increase prices of- single family homes in Palo Alto; 4) is there a shortage or are rooms usually available in the small motels in the area; and 5`j••,would implementation of bed and break- fast in single family areas reduce the effectiveness of the neighborhood watch "Crime Prevention Program" by making it more difficult to distinguish strangers in an area. Joan Jack, 1005 Bryant Street, said she had lived across the street from the Woodworths for about 12 years and had seen the uses of the houses in her neighborhood go from single family residences to communes to multiple rental units, and then to the Woodworths using their house as a bed and breakfast. She thought that given the realities of what real estate was like now, it was unlikely that too many single families would be able to afford the big old houses. 1t- was her preference to see bed - 'and break- fast establishments and felt that they had less of -an impact _ on the neighborhood than a multiple rental unit. 690 2/8/82. i 1 i Martin Perl, 525 Lincoln, was a physicist at the Stanford Linear Accelerator (SLAC), and said that SLAC was a national laboratory and was sometimes visited by distinguished scientists and engi- neers who would work at the facility for a period of a week or a month, and some had been fortunate enough to have stayed at a bed and breakfast establishment in Palo Alto. He said everyone had commented to him how much they had enjoyed them, and appreciated the cultural atmosphere and hospitality of Palo Alto. He felt that the bed and breakfast establishments had enhanced SLAG as a laboratory because when distinguished people visited they were found a more comfortable place to stay for the shorter periods than a motel. Peggy Woodworth, 3O1 Addison, said she had done "bed and break - _fast" for 1-I/2 Years, because she had read about Bed and _,break- fast international and the Bed and Breakfast League. She wrote to find out about it, was interviewed, and registered herself with them. She was told that it was legal throughout the country, and it never occurred to her that it was illegal in her home in an R-2 neighborhood. She had a big house, and loved to share it, and said that the feedback she received from the vari- ous people who had stayed with them was wonderful. Of the people who had stayed with her, 40% were relatives of neighbors in her neighborhood and 60% were business people from Stanford, SLAG or Electric Power and Research Institute. She could not see that it mattered whether she had two people that stayed less than thirty days or two people that stayed more than thirty days. She urged that the matter be referred to the Planning Commission. Monica Engel, 951 Bryant Street, lived closest to the Woodworths, and liked the concept of bed and breakfast establishments. She said it offered a service in Palo Alto which was long overdue, -and said she wholeheartedly approved of the Woodworths' bed and breakfast home. Councilmember Fletcher said that the entire subject was sur- rounded by emotionalism, speculation and a notable lack of fact- ual data. She said she was yet to hear an example presented where a bed and breakfast had created havoc,' She thought the staff report was unusual in that bed and breakfasts were consi- dered "inns," and -asked if someone who rented out a room in the their house should have their house considered a "rooming house." She thought it would- be a good idea to have the opponents and proponents come forward with information about how bed and break- fasts were impacting neighborhoods in other cities, She said she knew how they _.impacted neighborhoods in England because she had used them. She thought they were delightful, but did not think there should be a .string of them in a block or two because they were not -something that everyone wanted to do. It was a bother, a coriirnitment; and not that attractive to everyone. She felt that bed and breakfasts permitted the ,mixing of people from other cultures, ' and allowed people of other cultures :to: get to know Palo Alto, .which could not be done by staying iri' a motel. She said it was notable that. there were other: bed and breakfasts' in Palo Alto, but the ne i ghbors ' had not complained. :She said that it was only When this particular situation drase ,and became pub- lic that suddenly a lot ,of fear ,arose. At this point she was not ready to take action, but was also not ready to drop the matter forever.- Councilmember Renzel was concerned about any proposal to move_ bed and breakfast operations into single family homes. She had 'also enjoyed the bed and breakfast facilities in England and recog- nized that they were nice places to stay. The City of Palo Alto did not ban bed and -breakfast facilities, and they were permitted in every zorie,,,except the single family zones. She said that the 1 6 9 1 2/8/82 issue was not whether there could be bed and breakfast in Palo Alto, but whether there could be bed and breakfast in -R-1 zones. She was concerned that in a time when rental housing and home ownership in Palo Alto was very difficult, that to introduce the economics of a $25 or $30 per room per night operation into a Single farni ly home was likely to generate tremendous economic pressures to remove permanent housing from a very scarce market and snake it into transient housing. . She felt that if there was an extreme demand for transient housing, i.e., hotel rooms, motel rooms, bed and`breakfasts, that there were zones which could pro- vide those. uses, and were not needed in R-1 zones. She thought there was a distinction between transient occupancy and permanent occupancy, i.e., renting to students where it was known who belonged in the neighborhood and who did not. She thought that was something which should be expected in single family zones, arid that the City of Palo Alto should -be able to offer assurances to people who moved into single family zones of that fact. She thought there was a relationship in the preservation of older housing stock in multi -family zones. If the use for bed and breakfast rwas such a fashionable and popular use and had such a demand that it was desirable for the City, it should be channeled into those multi -family zones where it would result in the pres- ervation of historic 'housing and older -homes rather than funneled into the single family zones where there was no opportunity to demolish and. replace with condominiums. MOTION: Councilmember Renzel moved to affirm the City's current policy with respect to the single family zones. MOTION FAILEV FOR LACK OF A SECOND. NO ACTION TAKEN MOTION: Councilmember Witherspoon moved, .seconded by Eyerly, that Item #9, Draft EIR of Proposed County Airports Master Plan, be reconsidered. Councilmember Menzel felt that while it was appropriate for the Council to forward its comments, she thought it was appropriate for the oubl i,c to address its comments directly to the County, and would oppose the motion. Councilmember Klein agreed with Councilmember Renzel, and thought that forwarding .the public's comments indicated a support by the Council of the comments which were made. He would oppose the motion. Councilmember Witherspoon said she felt it was the Council's tradition to let the public be heard. She recommended that if the motion passed, the minutes be forwarded to the County with :the statement that a public. hearing. was held, and that the min utes reflected the comments made by the public on the EI.R. MOTION FAILED by a vote of ,5-3 as follows:: AYES; Bechtel, Eyerly, Witherspoon NOES: . Cobb, Fletcher, Klein, Levy,.Renzel ABSENT: Fazzino CANC LL,ATION OF COUNCIL MEETING OF FEBRUARY 16, 1982' MOT ION: Councilmember Levy moved, seconded by Cobb,:: to °cancer the City Council meeting of February 16, 1982. MOTION PASSED unaniaoUSly, Fazzino absent. 1 6 9 2 2/8/82 RE UEST OF VICE MAYOR BECHTEL TO ADJOURN MEETING IN MEMORY OF DR. 10 SEE SEE Vice Mayor Bechtel said she wanted to recognize Dr. contributions to Palo Alto in the form of the Palo Clinic and Foothills Park. MOTION: Vice Mayor Bechtel moved, seconded by of the meeting in memory of Dr. Russel Lee.