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HomeMy WebLinkAbout1982-06-07 City Council Summary Minutes1 CITY COUNCIL MINUTES ITEM Ural Communications Executive Session Counci lmember Ellen Fletcher CITY OE PALO ALTO Regular Meeting Monday, June 7, 1982 Report from Mayor Eyerly re American Public Power Association (APPA) / Northern California- Power Agency (NCPA) Meeting held in New Orleans Minutes of April 5, 1982 • 2 0 9 2 Minutes of April 12, 1982 2 0 9 2 Consent Calendar 2 0 9 2 Action 2 0 9 2 Ordinance to Dedicate Hewlett -Mullen 2 0 9 2 Property (2nd Reading) El Camino Park Lighting - Capital .2 0 9 2 Improvement Program 81-31 (2nd Reading) Painting of Exterior of Mayfield and 2 0 9 3 Montebello Reservoirs (CMR:294:2) Memorandum of Agreement with Local 715, 2 0 9-3 Service Employees' International Union (CMR:319:2) Supervisory Control & Data Acquisition System 2 0 9 3 Feasibility and Requirement Study (CMR:274:2), Final Subdivision Map 551 Lytton Avenue 2 0 9 3 ,(CMR.327:2) Pole Inspection and Treatment (CMR:267:2) Finance and Public Works (F&PW) Committee Recommen- dation re Financing of. Swimming Pools; and Rental Uri t Solar. _Appl` cats ons (CMR:171 :2) --(Conti n ued --from May 10, 1982 ) AB 2920 - Airports: Lane Use Pl ann#.ng : (CMR:260:2) 2 0 9 6 (Continued -from 5/24/82)„ PAGE 2 0 9 1 2 0 9 1 2 0 9 1 2 0 9 1 2 0 9 3 2 0 9 4 ITEM Request of Councilmembers Bechtel, Eyerly and Renzel re Displaying City Collections (CMR:330;2) (Continued from 5/24/82) Request of Mayor Eyerly re June 8 Benefit Assess- ment Measure Concerning Flood Control Request of Councilmembers Fazzino and Cobb re College Terrace Multi -Family Zone (Continued from 5/24/62) Request of Councilmembers Fazzino and Cobb re Cable Television Legislation (CMR: 328:2) (Continued from 5/24/82) Policy and Procedures Committee Recommendation re Downtown Business Improvement District (CMR:215:2) Policy .and Procedures Committee Recommendation re Stop Sign System Updating (CMR:306:2) (CMR:314:2) Jewish Community Center Lease of a Portion of the Terman Middle School Site (CMR:316:2) California Avenue Parking Assessment District - Scope of Study (CMR:278:2) (CMR:318:2) Overnight Parking Ordinance (CMR:266: 2 ) Ordinance re Drinking in Public (CMR:292:2) Sewer Trunk Design (CMR:284:2) Request of Mayor Eyerly re Downtown Sleeper Parking (CMR:.21O:2) Adjournment PAGE 2 0 9 8 2 1 0 0 2 1 0 1 2 1 0 7 2 1 0 7 2 1 0 9 2 1 1 0 2 1 1 2 2 1 1 5 2 1 1 6 2 1 1 7 2 I 1 8 2 1 1 9 2.0 9 0_ 6/07/82 Regular.Meeting Monday, June 7 , 1982 1 1 The City Council 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 , Cobb, Eyerly, Fazzi no, K1 ,1 n, Levy, Renzel, Witherspoon (arrived at 7 :40 p.m.) ABSENT: Fletcher ORAL COMMUNICATIONS 1. Dr. Harvey K. Roth, 3422 Kenneth Drive, Pal o Alto, said that he had .appeared before the Council on May 24, 1982, and. requested a !nemori al i zati on with regard to 1 abel i ng of al cohol and alcoholic products- as dangerous when taken to excess. Upon inquiry, he ascertained that staff had to have a request 'from one of the Councilmembers in order 'to prepare such a resolution. He requested, that one of the Counci lmembers make that request. He said that subsequent to May 24, 1982, he communi cated with the newspapers , television stati ons , and the President of the United States. He urged that the Council consider the matter. Executive Sessi on Mayor Eyerly announced the need for an Executi ve Sessi on to. be held at some point in the meeting regarding (1) Litigation; and (2) Employer -Employee Relations. Counci1member Ellen Fletcher Mayor Eyerly announced that Counci l member F1 etcher had been released from the hospital and was convalescing at her daughter's borne. Report from Ma or E 'erl re Ameri can Public Power Associ ati on Mayor Eyerly commented that si nce Loui si ana was not an ERA State, the .City of Palo Alto did not- pay his expenses for the APPA part of the 'meeting, but NCPA did. He said the format of the meeting was •basical -ly speeches from. authorities throughout the Country wi th question and answer periods fol,l owi rg the speeches. He said that APPA was composed of most of the lit i1lties from municipal ities throughout the United States. . The ` thrust of the -meeting centered . around the' constant questioning on the raising of utility rates, and it was clear that all utility entities were st ruggl i rig with needed rate increases due to inflation, etc., and trying at the same time to be fair to their. users. 'Thi-. was something that Palo Alto needed to -be aware of. Growth rate predictions were an integral: part :off haw rates were set, and the speakers emphasized the need for conservation and l oad management within all utilities. He thought that the Palo Alta Utilities 'Department ''was:Well along with those two pro- grams. ' He said Palo Al to'`s reserves dime from PG&E, and there was no problem at this time,' but. `that with some of. the problems PG&E had had bringing their projects , on line, problems could develop i n the near future. Palo Alto was almost to its top- level of WAPA power, . and was i n danger of peaking out at any time in the event of an intense need during the summer. To provide for the.,neces- sary reserves, the speakers emphasi zed that utilities needed to do some l ong range power planning, but that several things must be weighed. He said the types of energy service and impacts needed 2 0 9 1 6/07/82 to be considered in any of the projects selected and customers needed to be allowed the opportunity to speak to t,heir desires in the option selections. MINUTES OF APRIL 5, 1982 MOTION: Councilmember Cobb moved, seconded by Fazzino, approval of the minutes of April 5, 1982, as submitted. MOTION PASSED unanimously, Fletcher absent. MINUTES OF .APRIL 12, 1982 Councilmember Fazzino had the following correction: P_a a 1816, third paragraph, eleventh line from bottom of para- graph, sentence should read: "He said that the issue was thrown up as a smoke screen before the Council a few weeks ago,. and that working for a company that was, involved as a manufacturer of medi- cal technology, he thought this could be a tremendous help rather than a hindrance in developing both a better community and.educa- tional hospital." MOTION: Councilmember Fazzino moved, seconded by Klein, approval of the minutes of April 12, 1982 as corrected. MOTION PASSED unanimously, Fletcher absent. CONSENT CALENDAR Mayor Eyerly removed Item #3, Sewer Trunk Design, at the ;request of a member of the public. Councilmember Cobb announced that he would not participate on Item #6, Supervisory. Control & Data Acquisition System Feasibility and Requirement Study; Council - member Klein advised that he would not participate on Item #7, Final Subdivision Map - 551 Lytton Avenue; and Councilmember Fazzino advised that he would not participate on Item #1, Ordi- nance tr Dedicate Hewlett -Mullen Property. MOTION: Vice Mayor Bechtel moved, seconded by Cobb, approval of the Consent Calendar as amended. Referral None Action ITEM #1t ORDINANCE TO DEDICATE HEWLETT-MULLEN PROPERTY_ 2nd keadiing, ORDINANCE 3359 entitled "ORDINANCE OF THE COUNCIL OF THE CITY -1W -PALO ALTO AMENDING CHAPTER 22.08 (PARK DEDICATIONS) OF THE PALO ALTO MUNICIPAL CODE BY ADDING SECTION 22.08.350 (HEWLETT-MULLEN PROPERTY)" (1st Reading 5/17, Passed 6-0, .Fletcher, Witherspoon absent, Fazzino "not participating") ITEM 2 EL CAMINO PARK LIGHT/NO , CAPITAL IMPROVEMENT PROGRAM ead ORDINANCE .3350 entitled !'ORDINANCE OF THE COUNCIL OF TRI7TITIT-YRO ALTO APPROVING AND ADOPTING -RLANS- .FOR THEEL CAMINO PARK LIGHTING PROJECT,'CIP 81-31", (1st_ Reading 5/2-4, Pas%ed;;7-0.i-: Eyerly-,. Fletcher ebseet) 2 0 9 2 6/07/82 ITEM #4, PAINTING OF EXTERIOR OF MAYFIELD AND MONTEBELLO RE' t'VUIRS ICMR: Z94 : Z j Staff recommends that the low bidder, Jeffco. Painting and Coating, Inc. be accepted and that the Mayor be authorized to execute a contract for the work. AGREEMENT FOR PAINTING THE EXTERIOR OF MAYFIELD AND MONTEBELLO RESERVOIRS` Jeffco Painting and Coating, Inc. ITEM #5 MEMORANDUM OF AGREEMENT WITH LOCAL 715 SERVICE Staff recommends that in order to complete the implementation of the 1982-84 City,-SEIU Memorandum of Agreement, that the Council approve the resolution amending Section 1401 of the Merit System Rules- and Regulations. RESOLUTION 6036 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 1401 OF THE MERIT. SYSTEM RULES AND REGULATIONS" ITEM #S22 SUPERVISORY CONTROL & DATA AC CUiSITION SYSTEM FEASIBILITY � 1) R � i lkLMUH S . Staff recommends that the City Council authorize the execution of the contract with Energy and Control Consultants, Inc. for consulting services. AGREEMENT - PROFESSIONAL CONSULTING SERVICES - CIT'r OF PALO ALTO ELECTRIC UTILITY SUPERVISORY -CONTROL AND DATA ACQUISITION FEASIBILITY AND REQUIREMENT STUDY Energy and Control, Consultants, Inc. ITEM ##77, FINAL SUBDIVISION MAP - 551 LYTTON AVENUE (CMR:327:2) Staff recommends that the City Council approve the final map. ITEM #8 POLE INSPECTION AND TREATMENT (CMR:267:2) Staff recommends that: 1. The l e bidder, Osmose Company, be accepted and that the Mayor be .authorized. to execute a contract for the work; 2. The Council approve the Joint Participation Agreement for the inspection and preservation treatment of wood poles in Palo Alto and authorize the Mayor to execute the document on behalf of the City. AGREEMENT FOR JOINT PARTICIPATION BETWEEN. THE CITY OF PALO ALTO AND PACIFIC TELEPHONE AND TELEGRAPH COMPANY Osmose Company AGREEMENT FOR JOINT PARTICIPATION IN INSPECTION AND PRESERVATION TREATMENT OF WOOD POLES IN PALO ALTO Pacific Telephone and Telegraph Company and City of Palo Alto MOTION PASSED unanimously, Fletcher absent, Fazzi no "not participating" on Item . #1, Ordinance to Dedicate Hewlett -Mullen Property; Cobb *not participating*on Item #6, Supervisory Control I Data Acquisition System Feasibility and Requirement Study; and Klein 'not participating' on Item i7 Final Subdivision Map - 551 Lytton Avenue. 2 0 9-3 6/07/82 AGENDA CHANGES, ADDITIONS AND DELETIONS City Manager Bill Zaner advised that Item #3, Sewer Trunk Design, would become Item 20-A, ITEM #9e FINANCE AND PUBLIC WORKS F&PW COMMITTEE RECOMMENDS RE 1" i on nue rom ay Director of Solar Energy Jeanne :Clinton said that the matter was discussed- by the Finance and Public 14orks (F&PW) Committee in April an.4 brought to the Council on May 10, 1982.- She said that the staff recommendations and th,e &PW Committee .recommendation was to approve the staff recommendation to appropriate additional funds for the solar financing program to cover rental property and pool systems which were --ineligible from the Bank of America line of credit financing. When the matter was before the F&PW Commi ttee, .there was some discussion on whether. pools were an appropriate solar system to be financed wi th.__the funds. She said that was the question which was held over. Mayor Eyerly said that on May 10, .1982, when the matter was before the Council, the -ordinance did not appear to have sufficient sup- port to achieve the six votes necessary for a budget. amendment, and was, therefore, continued. He said some Counci lmembers di d not support the budget amendment because it was read as a subsi dy, and low cost interest loans to people with swimming pools to pro - vi de solar systems for pool heating was not felt to be a proper use of low interest loans. He said that the ordinance before the Council asked for a budget amendment of $200,000 for both solar water and swimming pool -heating systems for low interest loans. He asked what the figure would be if swimming pools were deleted from the ordinance. City Attorney Diane Lee advised the Council that the ordinance which was adopted on May 10, did net include swimming pools, and dependent upon Council action tonight, consideration would have to be given to Ordinance No. 3353. She said that an ordinance was attached to the staff report, which included the swimming pool heating systems.- If the Counc_i l chose to adopt_ that ordinance, the original ordinance would have to be repealed; or, the original ordinance could be -amended. Counci lmember Witherspoon said that since the matter involved gas, and the City was not faced with having to develop new sources of gas as would be the case if this were an electric utility, she suggested that staff report on their reasons for wanting to subsi- dize the project. She agreed regarding the swimming pools, but felt that staff made a good case for their point. Ms. Clinton said that the recommendation was to appropriate $200,000 for a solar loan fund in order for staff to make loans available for rental property i.e., domestic hot water active space heating, as well as swimming pool systems. She said staff recommended pool . financing because substantial gas energy savings could be achieved from pools. The idea of separate metering for pool systems, in order to charge people higher rates for gas as an incentive for solar, was already discussed, and was rejected because of the costs involved. She said the alternative was : a voluntary approach to solar on pools and a redueti can on the use of gas. She said the recommendation was to make financing available for pool systems to aid in the cash flow investment of someone that had a pool system and was spendings $50€3 to $800 more per year to ,heat it. She said -the pool loan program : was structured ,to be five-year 1 oans only where the other systems offered ten-year loans, and forty percent of the loan had to be repaid in the thirteenth month so that after one year, between fifty and sixty percent of the loan was repaid. NOTION: Councilmeaber Fazzino mowed, seconded by Renzel, to repeal ordinance No. 3353 and enact the new ordinance in the full amount of $200,000. ORDINANCE 3361 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE 'MET' FOR THE FISCAL YEAR 1981.82 TO PROVIDE ADDITIONAL APPROPRIA- TION FOR THE SOLAR LOAN PROGRAM" (Continued from 5/10/82) Counci lmeMber Renzel said she felt the City's goal to.. try and minimize the use of energy in whatever form was an admiral one, and would benefit everyone in the long term. Council had dis- cussed that the loan program would net apply to new swimming pools, and, therefore, the ordinance was not an incentive to create swimming pools, but rather to retrofit the heating systems of existing pools. She thought a substantial savings in energy could be achieved, and she would support the motion. Counci lmember Klein said that to the extent a subsidy existed, it was extremely smali and the benefit was not so much for an indi- vidual as for society as a whole. He thought the program was worthwhile for the City to follow, and he would support the motion. Counci imember Levy clarified that the only change in the ordinance was to add swimming pools. Ms. Lee said that was correct. Counci imember Levy said he was surprised that the City was only making ten percent on its rate of r'eturn, and asked for clarifica- tion on the City's rates of return. City Treasurer Mark Harris said the City was earning -an average of between 12.5% and 13%. He said the long term portfolio on the average was earning about 10%, and the short term was earning about 14 to 15 percent. Counci 1member Levy said that if the City was going to encourage saving energy., the savings should be' encouraged among those who financially had a more difficult time. He said that in a time of economic stringency, the City must `watch its funds and make sure they were spent appropriately. He agreed with Mayor Eyerly. Vice Mayor Bechtel said ,the City had al ready adopted a policy to encourage ` energy conservation, and solar heating for swimming pools was a very cost effective way of conserving energy. She argued that to say the "ri ch people" should not be subsidized was to assure that people who had swimming pools were rich, which was nut necessarily correct. She thought it made sense to approve the program at a minimal subsidy. She encouraged her col leagues to vote in favor of .the ordinance. 40040 la ergbit, Cobb asked= vihat ki h t , p 'cite'Ct9'an -the ;irl'ty had trit 'event `a'f 'a' de'faul't: ;: Ms. Clinton said that a lien would be taken on the property and recorded. MOTION; PAS$EO by a vete 4f: 6-2, Levy, Eytrly voting Fletcher Absent.{ ITEM #10 AB 2920 - AIRPORTS: LAN( USE PLANNING (CMR:260:2) on nue rom 12T- Counci l member Renzel said that AB 2920 presumably restricted land use planning by requiring the City to adopt the Al rport Master Manias approved .by the Ai rpQrt Lap `Use Commission. She asked if that' meant thy, #ty- could ,snot b.e, more restrictive thap.eth'e o r that the City could not be less restrictive?; ` 4 Director of P1 enni n9 and Co,mr uni,ty,� Enyirorument Ken Schreiber said he did' not;., believe 'the bill *plied ,to che „C t The eubject could be 9p'tn' to debate ' i f ;the l egi sl ati on passed, but staff would argue that at:t�hi s, . time the wording as constructed would not apply. He said staff was' concerned that the l egi sl;ati do .;was the type of thing that once established could be argued' to extend to airports such as Palo Alto where a regularly scheduled service did not exist. As he read the legislation, it said to adopt the County Plan. Any exceptions would have to argue four -fifths of the Council approval that a difference from the County plan was adopted because it was consistent with the intent of the State law. Counci lmember Renzel said she would accept the staff recommenda- tion, but thought that the Airport Land Use Plans that were adopted tended to be not restrictiveenough about what happened in the flight paths of. airplanes, She felt that no harm would be done if the City could override the Plan and be more restrictive. She thought governments should be more aware of what was placed in the safety zones of airports, and that the intent of the legisla- tion might be to get local governments to try and provide the safety mechanisms, in terms of land use, that were appropriate around airports George E. Ganschow, Northern California Vice President for the California Aviation Council, 768 Henderson Avenue, Sunnyvale, said that the purpose of trying to upgrade the land use plan was for safety reasons applicable to the people on the ground as well as to the safety of the California Transportati on System. He said that in 1973, a Planning Commission decided to approve the loca- tion of an ice cream parlor at the end of a runway in Sacramento, and several children were killed when a war surplus jet went through i t . The particular ice cream parlor was bui l t against the objections of all the citizens in the area as well as the airport people. He said that the intent of the legislation was not to take more power away from the cities, but to help the cities plan. He said the legislation could be applied to the Palo Alto Airport because of the immediate locale to the San Francisco Airport and the .hi gh technology community. lie ' pointed out that the California Department of Transportation did a survey of high-tech companies in the South Bay Area, which said they were in favor of retaining the airports, and claimed that the airports enhanced the capabil i- ties ,of their companies, High-tech companies were "chosen for the survey because "their employees were the ones that were most apt to use the airports, and did' the most traveling on board airlines, He recommended that the City of -Palo Alto support the bill or add something that would : make it a little stronger for the protection of Palo Alto and the related communities. l OT1U%: Coeaci leeaber Levy saved, seconded by RI ei e, to support --. the , pesi ti sn sf ,reiectl ag AVM) asd that the !layer be srths- rtz.d ,to coaameeicate Pee Alte`s positfo. to Palo Altb's legisla- ti ire c yr.seeteti Yes. V ce Piayor Bechtel said she aeerved on the AntergoVeritmental Counci 1 , which included .the Airport Land Use Commission, 'and _,vwhich .macAe rep end.agoais on . _.t et San Jose . )uni ci pa1 Airport.i and ;the a 'rport e l e rr kone... She' o fght ter. GanschoW s poi'#r. �s ,wer.,,4 ,gP_gqd:, and there_, needed to -be a balance between the Ai rpor't Land Use Commission's juri,sdi cti on, and the local jurisdiction. She felt-. 2 0 9 6 6/07/82 that Mr. Canschow's arguments were strong, and she was uncomfort- able about the City taking a position of opposition to the bi 1 l . She said she would be interested in what staff had to - say, or would rather that the City take no position. SU0S►TITUTE NOTION: Counci lmember Renzel moved, seconded by Eyeriy, that the Mayor write a letter regarding AB 2920 saying that the City of Palo Alto would like to be able to be more restrictive than the Airport Master Plan, and expressing concern about the four -fl fths vote override and to i nc l vde Zaner's comments re lead use controls at local level. Counci lmember Renzel thought the substitute motion was a fairly conservative position since the Airport Land Use Plans tended not to be strong. She thought it would express the Council ' s concern about being able to be more restrictive, which she thought were the goals of regulating land use in the airport flight paths. Mayor Eyerly was concerned that with the change in the land use and zoning decisions by the Commission that it would take a four- fi fths vote of the Counci 1 to override them, and that would be eight votes on the. Palo Alto City Council. He wanted the four- flfths override vote to be changed to a simple majority. Mr. Schreiber said that Mayor Eyeriy was correct --the way the legislation was worded, it would take a four -fifths vote of the Counci1 to make a change to an Airport Land Use Commission's adopted pl an. Counci lmember Renzel said she understood that, and that her sub- stitute motion proposed that if local governments were going to be more restricti ve, there should be no requi cements for local governments to have an override, but that to be less .restrictive should require more than a simple majority in order to recognize the importance of the Airport Land Use Plan, She thought •:the Council could say it objected to the four-fi fths requi rements, and i f governments wi shed to . be traorei restr'i cti v:e than : the Ai report' land Use Plan, they should have the right to do so without any extra- ordinary vote. Mayor Eyerly cl ari fi ed that Counci lmember Renzel 's substitute motion saw no need to worry about the percentage of oeerri de votes because the City would not be recommending any authority , to change unless the change was more restricti ve. City Manager Bi 1 1 Zaner said that from staff's point of view, the substitute motion might work more to the City's advantage than the i ni ti al . bill. He said the real issue was an attempt on the part of the legislature to move into the local land use planning busi- ness, which was attempted through the Airport Land Use Commission. He said the motives were not improper, but that it was. another attempt by the legislature to : regulate the land use for which the City Council was ultimately responsi ble. He thought Counci lmember Renzel s substitute motion offered the Council the flexibility of being ,alone .restricti ve than =thy -.land : use p1 an itsel f.1 t i s ';' 7_ .. . t =C C'ounciclnrtmber Rena el _sai it she did ,,not: necessar t1y#,.wart .to. Ial ofg with the .1)11.1: tsinceestaf2f >1 recommended :bpposition iy,'but:=:that-the Council should write a letter expressing its concern about the particular features of the bil:l, and to make certain. that those concerns are relayed to Palo Alto's legislators. Mayor. Eyerly . said- that -as' he understood the motion, it was to accept the staff :recommendation to reject AB 2920 with the-- com- ments that, i f tit were to he accepted by the r Ci ty, the land use plan should be more restrictive rather. than less restrictive, and and that the four-fifths majority for a less ..restricti.ve- override was too stringent. 2 0 9 7 6/07/82 Councilmember. Renzel said that the Council needed to recognize that , the Airport Land Use Commission was made . up of local offi- cials and was not an outside organization, and that all the offi- cials had some understanding of the land use concerns of local governments. ; a , : Vice Mayor Becbte:l . asked, :that: the role of: the Al r.port . Land. Use Commiissi;on• ite ciari f i ed,.,�, She :was eencl ear: when , the,. Counci• l• 'said 1 t wished to: jive ' ocal juri sdiottons the eabi li.te :to d ee =more =rest ri c. - ti ve because the only `proposals =whi c►r Fwene to the Ai rfpont Land Use Commission came from the cities to begin with. She wanted to make sure that the substitute motion recommended that the bill allow a city to be more restrictive than the Airport Land Use Commission while still giving the Airport Land Use Commission the ability to be tougher. She was concerned ,because all cities might not be as sensible as Palo Alto, and that the Council should be careful not to oppose something that might have a real benefit to the rest of the State. Counci lmember Renzel said her motion was that the City of Palo Alto would submit its- comments,. about AB 2920 neither indicating support nor. .opposition, but, that it was concerned - about the aspects that may ultimately affect its community —that Palo Alto be able to be more restrictive than the Airport Land Use Plan, and that the City was concerned about the four -fifths override being perhaps a little strong. She did not think that an alternative needed to besuggested. .Counci lmember Cobb asked that Counci lmember Renzel . incorporate Mr. Zaner's comments about local land use decisions . and the: State getting into the cities' act more than necessary. He thought those comments were appropriate. Counci lmember Renzel agreed. MOTIOOI.PASSED unanimously, Fletcher absent. ITEM f11 RE UEST OF ,COUMCILMEMBERS BECHTEL, EYERLY AND RENZEL RE • • • ontinue rom Counci lmember Renzel said that after the Counci lmembers trip to. Oaxaca, and after having seen the costumes oh real people .anal the elegance, it was thought that it would be nice to -have a permaneht display. She was persuaded by staff that there may be a problem creati ng,. ., a perdanent ,display because of the City `s many .collec- tions and because of the deti re . to provide different collections space for. exhibits. She said it appeared that the Cultural Center was the only place where a permanent display could be- housed. Vice Mayor Bechtel said after looking: around she thought that the Council Chambers Could use some decorating, and the City Hall lobby could use some upgrading. NOTION: Tice payer ■echtel no ed, seconded ` by . E'er'', that staff be regbest:ed -; to sor^vey the City's- pebl i t bei l di egs for avai i at s 10,01- 4104‘41 . m4 tar paeide_,the fascia apith a e'4dttisaal report con .rei eg psssl.bl e _ futsre .par,aaaeet dl spl ays. -.City Manager- Bill Zaner commented that a major problem 1n. City Hall was security... Hen said "itees had been _.removed from the Civic Center lobby where employees worked et the counter and tried to keep an eye on things. He : said that the security. in the. Counci l Chambers was eirtualiy nonexistent --anyone had access to :the Chambers duringenormal works ng: hours. ' He .said that staff : had a plan :to at - :east look -ate a- redEsigee, Cif the = lo:bby for City_,: Hal=l, and' one -of the tasks assi erred . to the designer: was . to 1 ncl ude. a permanent, seC,ure display ,space in the lobby. He thought the City Hall lobby cauld be.. the- central place for collections to -rotate through.- Some Of the ,col l ecti'ons,: were quite large --there— were 56 Oaxacan castuares--and it would be' impossl bl a to -display "all the. collections at. -one ti Me_, and they _ woul d, '. therefore,_:, have to be rotated. He said a rel eti rely' secure, small displ ay -space' existed - 2 0 9 8 6/07/82 at Mitchell Park in the Community Center Building and at the Cultural Center. After those two buildings, the City's ability to display collections in a secure manner dropped off significantly. Mayor Eyerly said he thought the staff report was a natural reac- tion when thinking of the current areas where the collections were now displayed and rotated. The motion intended that other areas of the City be looked at which were not now used for exhibits and see whether they were feasible for use. He thought there were possibilities that should be looked at. He said staff should con- sider expenses for the protection of the displays --not just open displays. Councilmember Cobb said he thought it might be appropriate for the Visual Arts Jury (VAJ) to review the matter in order to enable them to integrate some of their planning for public displays of art. Councilmember Levy said he strongly endorsed the motion. He thought the sculptures that the City had in various parks and other areas around town received a positive response from resi- dents and visitors, and said something about the way the citizens looked at themselves. He thought it was unfortunate that while the City had a number of worthwhile works of art, there were no good places to display them. He agreed that there were probably several places around town where a number of worthwhile items could be displayed. He felt that the Council needed to take the always inherent risk of vandalism of a public display rather than simply keep the items where they were very rarely seen. Councilmember Fazzi no said he hoped the study of the Civic Center 1 obby was more successful than the studies of City Hall P1 aza. He agreed with Councilmember Cobb that the matter was more appropri- ate for the Visual Arts Jury. He said he was impressed with the exhibits displayed at City Hall and -other City facilities around the community, and did not think they had held back on showing then: to the public. He encouraged his colleagues not to 'force the staff to go out and spend a lot of money preparing the a report, but rather refer to the Visual Arts Jury for discussion and recommen- dation back to the Council. Councilmember Klein agreed with Counci l members Cobb . and Fazzino. SUBSTITUTE MOTION: Councilmember Klein moved, seconded by Fazzi no, that the matter be referred to the Visual Arts Jury for its recommendations. Mayor Eyerly asked whether the staff would be required to provide the Visual Arts Jury with information such as the number of col- lections, so that they would not be working in a vacuum. Mr. Zaner commented that the assignment to the Visual Arts .Jury would give the staff an assignment the long way around. The Visual al Arts Jury would have to turn to staff to get the kind of data necessary, and he did not think the process would be short- cutted. He thought it would be more efficient to go right through staff to come back with an inventory. Councilmember Renzel.said she would support the substitute motion because she felt the Visual Arts Jury was in touch with not only the display space, but also the artistic community of Palo Alto that had various ideas for displays. She thought _ that in reviewing the matter, they would look at the number and nature of the permanent collections and the various places available in the City that might; b_ e potential display locations. She thought the VAJ could provide the Council with helpful inforMation Councilmember Levy said that the Visual Arts Jury was an efficient group, but he did not think where to display the art was what they should work on. He thought the VAJ should work on the displays themselves. He said that when the appropriate kinds of display spaces for the various areas of town were determined, the VAJ's judgment would be relied upon in the displays themselves. He would support the VAJ working on the assignment as opposed to not having the assignment done, but in terms of the specific kinds of work materials inventory, area inventory, and cost data, he thought that was more appropriately done by staff. He said he would vote in favor of the assignment being made to staff, and would vote against the assi gnment being made to the VAJ unless the assignment would not be done otherwise. Councilmember Cobb said he was the Council representative to the Visual Arts Jury and had watched the VAJ in action. He commented that citizen committees were appointed to look into vari ous areas of the community and he thought it was -unfair to make those kinds of appointments, have an assignment which clearly dealt with a form of artistic display in the community, and not have the VAJ be a part. He said that the VAJ was currently looking at the kinds of displays which could go around the City --some of which veere related to the subject issue --and he thought the assignment was consistent with scope of the VAJ. Mayor Eyerly said he had envi s; oned that eventually the VAJ would be involved. SUBSTITUTE MOTION FAILED by a vote of 4-4, Levy, Bechtel, Eyerly, Witherspoon voting "no," Fletcher absent. MAIN MOTION RESTATED: Vice Mayor Bechtel moved, seconded by Eyerly, that staff survey space available for City Collections to be displayed and report back. MAIN MOTION PASSED unanimously, Fletcher absent. ITEM #12, REALEST OF MAYOR EYERLY RE JUNE 8 BENEFIT ASSESSMENT Mayor Eyerly said that this items had been delayed for some time, and at the last Council meeting, he had requested that the Council reconsider its actions concerning the resolution in support of the ballot measure of the Santa Clara Valley Water Di? trict. he said the Council had approved a motion previously, not to vote on the staff recommendation, and pointed out that residents, in chosi ng a place to live, h,ad the responsibility of checking where the loca- tion was in relation to the flood plane. He said that after that action, he was concerned that the Council had not spoken: more directly in support of the resolution, and took it upon himself to obtain further information. As he understood the ballot measure and the flood basin in Palo Alto, the City . Council should go on record as supporting the ballot measure. He felt that the creek areas within the City of Palo Alto needed the extra funding that the assessment measure would provide and , could possibly help to prevent some futuv e flooding. He said the changed the original resolution which was submitted so that the fifth "whereas" now incorporated the actions taken by the Council when it was before them previously, MOTION Mayor Eyerly moved, seconded by Faz i ad, approval of the resolution. RESOLUTION entitled "RESOLUTION OF THE COUNCIL OF THE cur OF .fALQ ALTO SUPPORTING THE BALLOT MEASURE OF THE _SANTA CLARA VALLEY WATER DISTRICT" Councilmember Henze] said that the date was late, and the Council already voted not to take a position on' the measure. 1 MOTION TO TABLE: Councilmember Renzel move., seconded by Bechtel, to table Item 12, Request of Mayor Eyerly re June 8 Benefit Assessment Measure Concerning Flood Control. MOTION TO TABLE PASSED by a vote of 6-2, Fazzino, Eyerly voting "no," Fletcher absent. ITEM #13 RE UEST OF COUNCILMENBERS FA -ZING AND COBB RE COLLEGE .10 A -CII�N£LL STREET IN LI LT I - _ PLUS -SOFT ADaMil til Councilmember Fazzino said the Council had recently approved a Historic Resources Board request for a 6 -month moratorium on the demolition of a historic College Terrace residence at the inter- section of tale Street and California Avenue. On the very day the Council took the action, a bulldozer demolished an old home only a block away at the intersection of Williams and California. On May 19, the Planning Commission was scheduled to consider a request to extend the College Terrace multi -family zone to include four small cottages on Wellesley and Cornell. = If the request were granted, eventual demolition of the cottages seems likely. Councilmember Fazzino said that residents of the area were con- cerned about the trend toward demolition of older single fami l y homes, including lower cost rental units, and their replacement by relatively expensive condominiums. Examples of the trend may be seen at the intersection of Yale Street and Oxford Avenue, and on Cambridge Avenue, behind the Jack in the Box. In both cases, older homes were torn down. Councilmember Fazzino said that he and Councilmember Cobb felt that the trend ran counter to Policies 1 and 2 of the Housing Section of the Comprehensive Plan: Pol icy I: "Maintain the gen- eral low density character of existing single family areas." Policy 2: "Preserve older single-family houses and smaller apart- ment buildings." He said that in addition, he and Councilmember Cobb would like to preserve as men' as possible of the historic structures in the neighborhood, many of which dated back to the era of the town of Mayfield and the earliest beginnings of Stanford University. Councilmember Fazzino said he was not as concerned with the length of the moratorium as he was about the ability of the Planning staff, Planning Commission and Historic Resources Board to come back with a specific recommendation for the zoning in that area. He said he was not big on moratoria, but he thought it was extremely important that while the Council . was evaluating the historic nature and single family nature of many of the homes, that demolition requests be prohibited. He believed that a six- month moratorium would give the planning staff, Historic Resources Board, and :Planning Commission adequate time to consider the item. If, at the end of that time, staff and the various commissions did not have `a: specific recommendation, Council could decide to let the moratorium go beyond the six-month period. MOTION: Coonci.1member Fazzino mowed, seconded by . Cobb,. that the Council declare a six-month moratorium on _ the issuance of any domol i ti as for resi deati al stractsres 1 M the Coll ego Terrace NU1ti-fad ly zone (RN -3). Councilmember Fazzino said that much Of his concern about this area also related to downtown north. He believed that there were so n;any considerations during . the Comprehensive Plan and Zoning Ordinance updates three or four years ago, that the important trends occurring in Col l ego Terrace were missed. He pointed out that they were dealing with many historic homes, and said-ther;e was an influx of many: young families into the RM-3 area, resulting in the renovation of a lot of old homes and cottages, and he thought it would be a crime to see many of the homes demolished. He had seen a .couple of homes renovated under the zone in the area and they already seemed totally out of scale with the College Terrace area. He was concerned that any more destruction of the area would irreparably hurt the community. He said he was not tied to the issue of a 6 -month moratorium as he was to the need for adequate time for the planning staff, Historic Resources Board, and Planning Commission to go back and :make a determination about the best way to preserve single family homes in the College Terrace area. He said it_ might involve a historic approach or a rezoning. He urged his colleagues to hold off on -demolitions until the planning staff had had the change to look at the impor- tant issues. Councilmember Fazzino clarified that the motion spoke only to the RM-3 area within the general boundaries of College Terrace. Councilmember Renzel asked how a single family home was deter- mined. She said that some of the older homes which were origi- nally built as single family homes were used as multiple family units now. She esked if those were intended to be covered by the motion. Councilmember Fazzino said he definitely intended that those homes be covered by the motion. Councilmember Renzel said it was unlikely that anyone would demolish a multi -family structure in any case. She thought it would be difficult to keep someone who had a single family house used for a single family from adding a second set of people and calling it multi -family. Mr. Schreiber said staff would define single family as a structure having one legal kitchen facility, which was the way it was defined in building codes. He said there were older single family homes which had been legally converted to two family or even three family structures, which was the point at which clarification was n eeded. City Attorney DA ane Lee said she thought the intent of the motion was to preserve the structures no matter how many families wee living in them because, of the housing stock and the nature of the housing stock. She agreed with Mr. Schreiber that the best way to accomplish the intent of the motion was to make it a blanket prohibition for any demolition of residential structures. Jim Culpepper, 2121 Amherst Street, said he had a discussion with Gail Woolley of the Historic Resources Board, and it was agreed as follows: 1) They both wanted to preserve the historical homes; 2) They both wanted to preserve the general and low density environment .surrounding the historical. homes; 3') Tney felt it would be simplistic :- and politically self- defeating to try and rezone an entire RM-3 area to single ci ice• t 4.}, ;'They botic,a i kepi; the idea of, zbne..=which , would peraiti, the owner of an . older single family home_ ,to- add a unit ' or., -twos in back while preserving their existing hones. Mr.. Culpepper said that with those - points .of agreement in mind, he went to the College Terrace Library, -looked at the Palo Alto Municipal node, and tried to find an appropriate zone. He said the closest thing - he found was the R2 Cottage zone which: allowed t ne construction of an adds ti;nnai unit on properties where the square footage of the lot exceeded 7500 square feet. He said that 2 1`0 2. 6/07/82 zone would no.t apply to many properties in the College Terrace area. The lots which contained older single family homes were 50 feet wide and 125 feet . deep for a total of 6,250 square feet. However, he said it did not requi re any great imagination to con- ceive of an R3 housing preservation zone which would apply to properties such as those found in College Terrace. He said the proposed new zone would replace parts of the old RM-3 zone and would apply to areas such as Yale Street which consisted largely of older, single family home:: on lots between 6,000 and 7,000 square feet. At present, the owner of a 50 x 125 foot lot could demolish an older single family home and replace it with three condominiums. He said that if the zone were changed to the pro- posed R3 Housing Preservation zone, it would probably be more profitable to fix up an older home and add a garage apartment or two in the back. He said it was a subtle shift rather than a drastic change. If the fazzi no/Cobb motion passed, it was very likely that that would be the kind of change talked about. He said it represented the middle course between demolishing the older, single family homes on the one hand, and trying to preserve the single family density which may be unrealistic and unnecessary on the other. Mark Chandler, 2333 Williams Street, said his home was in the affected area and he was currently building a second story addi- tion to his home which would serve as a second unit. He thought they were trying to reconcile three different goals stated in the. Comprehensive Plan --historic preservation, preserving the character, of residential neighborhoods in general, and building housing to meet the needs of the area. He said that on May 12, 1982, he appeared before the Historic Resources Board to speak agai.nst the proposal to recommend rezoning the entire area to R-1 because he was planning to add a unit to a home he was considering purchasing in the area. At the same time that he continued to think that R-1 would be inappropriate for the area, he tEought that RM-3 mi ght be too ,dense: He said that his architect tried to be sensitive to the neighborhood needs and set the addition back from the street. Nevertheless, he said he was surprised at o, how high the addition to his house looked, and thought that some people probably reacted similarly. He shared Mr. Culpepper's opinion that another type of zone might be appropriate --not only in this area, but in places like Evergreen Park, Ventura and down- town north, which had similar problems. He thought that in the meantime, a demolition moratorium was warranted to preserve the status quo. He urged support of the motion. Gail Woolley, 1685 Mariposa, presented a College Terrace brochure so as to refresh the Counci lmembers as to exactly where those historic houses were in the affected area. She said it was just a year ago that the Historic Resources Board had a proposal on its agenda for the possible rezoning of one block of the affected area --the block between Yale and Williams along California to the alley, which used to be Cambridge. She said the Board's concern was more closely related to Policy 3 i n the Comprehensive, Plan which _ says that those qualities which make 'Palo Alto's neighbor- hoods especially desi rabl eeshould be enhanced and protected. She said they were not so worried about the, hi steri c. structures them- selves as they were • about the settings for the- historic struc- tures. It did not do a lot of good to save a structure and then have some very large, out of scale development come up right next door. She said the Board was not successful, and their'~ attempts_ were mostly informal. They talked with members of the Planning Commission, the Architectural Review Board (ARB}', . and staff, , but did not -come up with any solution, _°She hoped that with 'a little more effort and making it more formal„ some solution might be possible. Tommy Derrick, Chairperson of the Evergreen Park ` Neighborhood Association, 390 Leland Avenue, Palo Alto, said that at its meeting this evening, the instructedunanimously him to speak in support of the moratorium before the Council. - 2_.1.. 0 3 6/07/82 Counci lmember Witherspoon said she totally agreed with the aims of the speakers, 1 ncl uding the two Counci lmembers, but did not know the best way to do i • She was unsure whether she supported a, moratorium because she did not know what wool ci be accoripl f shed in only six months. She commented that saving historic structures would be relatively simply because the hi stor'ic ordinance could be amended to cover all categori es on the hi stori c 1 i st , but i f they wanted to extend the ordinance to preserve the neighborhood and also the envi ronment in whi ctt the burl di ngs exi st a then she thought some teeth would have to be put into the historic district ordinance. She recollected ten years ago when the historic pres- ervation ordinance was first proposed —it was very .controversi al and there was no way the Council would consi der an hi stori c pres- ervati on ordinance -especial 1y when it involved a district. When the historic presery ati on ordinance was passed and "Professorvi 1 le' was put i n as the first historic .di strict, there was some controversy. She said the City had come a long ,way, and Coll ege Terrace might be appropri ate for l ncl usi on into an his- toric district to protect the environment and . historic . structures themselves and yet allow development within the district without having to rezone it. An historic district could be designed so that the front facade could not be changed, but consistent, with the zoning, anything could be done behind it. That would allow everyone some leeway; however, she could not see putting that together in six months. She ,di d _ not know that the moratorium would save historic buildings because an ordinance .was already in place to do. that. She said that any other buildings which fell under the ordinance would be protected for up to one year, and the Council shawl d be able to. come up with sornethi ng by then. She preferred that staff, the Hi storic Resources Board and the P l anni ng Cor+trni ssi on be avail abl e to research the possi bi l i ty of creating an historic district for Coll ege Terrace. She was not sure how i t should be designed, but was curious whether such an approach would have Council support. In the long run, she thought that would be the safest and best approach. Council member Levy said he basically supported the motion. He said that in every transi ti onal zone around town,. the probl em was that they were all losing their human scale and ultimately would be built to the maximum of whatever the zoning allowed. An R-3 zone al lowed.a. great deal of density, and when a zone moved into its transi t: oval phase, oftentimes the transition occurred very quickly, and the new architecture was not only at the hi gher den- sity* but contained a great deal of uniformity, which gui ck i y destroyed the character. He said that because the architecture was usually bigger and denser and much harder to soften with 1 and- scaptng, the community lost 'a lot of important architectural el e-, ments. He preferred to se _e the City have some kind of zoning definitions that encouraged . within them different heights , and different densities so as, to enable More single` family homes or smaller units to coexist with larger units, _rather -than the zone -becoming all 'larger units. He .thought that was College Terrace` s problem as well as downtown north. lie did not see College Terrace as a :problem of historic preservation, but as a problem related to l i vabi 1 i ter. He was not a great bel i ever in moratoria, but thought this one was reasonable` as the, Council moved ahead to do something i n Coll ege` Terrace that would hopefully have a greater more wide- spread hisabi1tty around town. He thought that Mr. Culpepper's ideas should be seriously considered as the Council moved in that di recti on. Counci lmember Cobb said that soave*rtes , a nel ghborhood '°reached >>a point where: it was i n, danger.- He thought the Council, was taki rig sore of < : -het-g burl ood pratectt on-, measure,- which was -;important. When a nei:ghbor•hood was trui threatened*:'so*.none .had, to ;stop. Ha'v# ng the s14 -month.. clack running was ' useful because t forced the.Counei to „d;eel =with the kohl -fail. 1 1 1 1 1 Counci Imember Renzel sai d she woul d support the . motion, and thought 1 t was important to have: a moratorium whi 1 e the Council was studying the area. She was open to the consideration of creati ng an hi stori c di strict, but poi nted out that the hi stori c district would not automatically prevent demolition nor would an hi stori c desi gnats on --it would simply requl re those ,st ructures tie 'go h'efor'e 'the, t'i storic kesources Board for ORS..,::The Council did not have that kind of absolute prdteeti on for the 'districts, but were provided an additional .mods cum of p,rotecti-o,n. Perhaps":superirrposed With 'a 160'0 '!'otsideratidn It would"make'r�a g'sibd'-dombi'n'at i kin "Ito' 'pr'ese �ef`the '`ove''al l h'i;storit � cira,r`racter. of the C'o1 1 ageTer'race‘'ne1 ghborhood anj .ot,hers: Mayor `Ey'er1'y said t`h`at _ generally ' he wa4 op'. bsed to or;aturi ups. He said the Council had talked about area's i -the commeni ty where corn:al derati. on should be :given to r „rezon,ingg, .. but h vet. not. moved ah'ea'd: ie " thought it .rr4s: un,f i r to look' .a the 'oral ng. kec; se 'of the problems in Col 1 ege ' T4 -r ce -bec'a'use the r°am1 f a cats ons which devel oped from a mortato ,i um, were u f a,i r; to the ro er-t owners-- the ones Who ' coun't'ed on tie zoning that '' . were ihe ity's Comprehensive Plan and the zoning map for someti Me. ''Those people that were property owners would look back and real i-ze ho,w, much thfought."`and endeavdr wept 'i nto' dr'eati 'the z'one' and what was teh'i nd'`it arid 'wo'uld be wvnder'i rag why it" was necessary for the Ci ty Council to place a moratorium on the area just to study it `again. He .was not so concerned with the redeve"l;opment in College Terrace that a= s ora'to'rs UM was �'neces's�;,ry.r, + 'agreed ' that ;the o:unc'i'1 shoal d look at the 'a'r ea and' p'arti cui ar' y ''of' the hi stori c houses that shoul,d be preserved, He thought ire would be more 1 ogical 'to ''refer' the area, and maybe downtown no; th, to the P1 anni ng Central ssi on for consi derati on of the current zoning, and r.ecommendati ons,, and refer the particular. hi stori,c, buildings to the Hi'stori'c" Pesour'`s e's • Board', but he' would not support a:, mor`a- tori um to accomplish it. Counci lMember, W}i therspoon asked' staff abp;ut the. status o#� their asst grtmeht .to try and de►iel op' some r'ation'ale: wax of -"deci ding when a certai n type of si ngl e -family resi dense ' wo`ul d gi ve way to a multi -family structure. Mr. Schreiber responded that the Planning Corned ssi on Subcommittee on Demol Mons was working with staff. Staff anticipated that within the next three to four months that subcommittee would prob- ably make a report back to the Commission. He said that if the moratorium was approved by the Council, it would serve as a refinement to the earl I er assi gnieent to staff since it all dealt wl th the same subject, and the College terrace area would be focused on immediately. Counci lmember Witherspoon asked i f staff • could real i sti cal l y a,,coMpl i sh everything in six months assuming the notion passed? Mr. Schreiber said he thought it could be done -in part' because :o f; the work al ready done on the topic; and because' of the work- done by the Hi stori c Resources Board last year. Further, the area was not that large. Counci la•ember Klein said he was not . fond of' moratoriums, but thought they` served a purpose of preventing a run. on neighborhoods when the 'Council announced that it wanted to study and reconsider the :°'oni ng. He said the problem was that serious changes were beginning to emerge in the neighborhood that ,the: Council did: not want to continue. He said that . upon reffecti on i n 1'982, it ,appeared that the. . existing zoning was no longer: -appropriate.:. If the Council did not ...,adopt. the •orators mat, then an incentive was given :to- existing l Andowner°s to try' and take advantage 's f the zoning before the Counci i - could make the • changes- that were for the good of the enti re_coarmunity. He had concern for the i;andowners, but had greater concern ifor- the good of the entire =cemauni ty. He would support the moratorium and the proposed study. • 1 Vice' Mayor Bechtel said she would support the motion. She ' agreed with Mr. Culpepper that the staff's approach was reasonable, that R-1 and RM-3 were not appropri ate, but rather somethi ng i n between. MOTION PASSED by a vote of 6-2, Eyerly, Witherspoon voting "no," Fletcher absent. i1gTIOR: Coucl lmember Fazzino *wed, seconded by .Witherspoon, that "The Cee,ci l directs the City staff and refers to the P1 aani n! Commission and Historic Reseercea Award t9, stedy tie 104-3 zone area between El Camino and- Cornell 'Street in college terrace and come back in 6 months with a report answers eg the following and other relevant questions: 1) What is the rationale behind the corrupt delineation of.: the melts -family zone in College Terrace; How march of the multi -family area actually cossi sts of single family homes; 3) Doesthe area contain homes of historic interest, and if so, what iv their State of physical repair 4nd. were are they located; 4) Now many single family horses ,have been demolished in the last ten years, and hoes are they :being reel arced; 5) Does this tread in fact conflict with 'lensing `Policies l and 2; 6) How can the Coanci 1 best **force Policies t and 2 1 a this area; 7) How can the Council protect the interests of property owners who boeght their properties in good faith reliance on the multiple .fairly zoning; Ai) What will happen if the Council does no'thi wg Counci 1member Witherspoon said she hoped that a policy could be developed that was appryopri ate not just for College Terrace, but also for Downtown Park North, and that a philosophy could be developed stating when it was appropriate to allow the -demolition of an older hone for new housing. Mr. Schrei ber said he thought thi s , type of an assi gnment' could 1 ead to those types of policies, but was concerned about burdening the assignment with the whole broader issue of every multiple family .:area in down. Councilmeober Fazzino. endorsed Counci1member Withers,poon's com- ments,. and understood Mr. Sc'hrei oer's concern, " but he thought it was important that the Council have a policy. He said staff understood the ..Council's concern about the downtown north ' area, which was another historic district, and it would help the Council to have a policy that._, could . apply to those kinds of areas. Mr.` Schreiber - said _that based on the study session last fall, mein- bens of the Planning Coosi ssl on al ready felt that they- had di roc- ti`on .from the Council to pursue the issues raised: by Counci lmember F`azzi no. Couftc Lleember .:Cobb sal d that he hoped, the. ideas expressed by,,, Me. Culpepper -_and_ the other speakers:, .twoul d be 91 veil' consl deretl on. -- He h;Oiled 'that: ,the. formal °`eoti oft would not be :burdened with trying =tO extend it ' but. Councilmember Levy said he was concerned about the degree to which the Council was bending around the term "hi story c district." He saw that "Professorv111 a" was an historic district, but was con- cerned that the Council was moving towards the whole City of Palo Alto being decl ared an hi storlc district. He agreed with preser- vation of historic homes and historic structures, and historic areas in a limited sense, but hoped the Council did not get car- ried away with the new concept of an hi story c district. 1 NOTION PASSED enaeimeesiy, Fletcher absent. ri' _ ; �' -.f F ii . !. 1 c\ 1/'r 1 1 # • ,: 3 a i ; . E .LTEN #14, Iiitt IJESite tOF; 1 COLINCILMEMBtitS , AZZINO ` AND ',COBB'`RE (CABLE 'Co.unc,i lrember: C-oiebesaid• that whenheereadC some of -the things rsum- a ar,i zed, in, ;the League, =4f 3 Cal i forni a- Citi-es Bulletin tabour, Cabl•e TV l egis i action, he -:vas econcerned ,that flegi slati ore, not, :be¢ .:passed -that would proscrib-e the .eC:ity.'s e own act-i•vrities.; Heel. found -_that. ;the state :1 egi=s:1 ati.on- was : not. onerous , rout. t :ate;the. federal ..=:l.e9i,slla- ti.on = presented ; a ..rieal problem.. He thovg.ht !thate ei if the; 0i.t -iwas going .to :.heave ,its; opti.ons 4 open to, do it ,wonted, !:, those, things wh99#:ch .. might ti.e- ;the.:Ci ty's hands, should :opposed. ; 1 , : :. NOTION: Councf l*eaber Cobb mired* seconded by Faxxine,.r to, sup- port the staff recommendation as follows 1) To not_ take any action on AI -2742, Al 3685 and AD 2321; 2) To go en record in support of Al 2778, Al 2897, AB 2735 and AB 2796 and authorize the Mayor to write a 1 -eater to appropriate legislators expressing our support; 3) To go on record opposing Sb 2172 and SB 2445 and authorize the Mayor to write a letter to appropriate legislators expressing our opposition; and communicate with Congressman North con- cerning his Opposition of municipal ownership and to send copy of City Manager's New York Times editorial. Counci lmember Klein said that in this week's National League of Cities newspaper the story on cable television included a state- ment by Congressman Timothy Worth of . Colorado who was one of the leaders in Congress on the subject of tel ecommuni Ceti ons. He said Congressman Worth chaired the House subcommittee on telecommunica- tions and previously indicated that .,he d i d not : want to take up cable tel evi s on, but given the pressure from the Senate he might be forced to do so, Congressman Worth was (Noted .as saying that he "was opposed to municipal ownership of Cable TV.'{ He thought perhaps the motion should be expanded to communicate 'with Congressman .Worth to let him know that there were :people‘,who . might be interested in municipal ownershi p. Councilmember. Cobb said that a lot of people were beginning to meddle legislatively at higher l eve! s, and he thought it might behoove the Council on .the question -of Cable TV to get on, with its decisions so that it could; be done before the Council has its handstied by some other i l egi s l ati on. • NOTION PASSED wmagi usly, Fletcher ,absent. RECESS .TO E'XECUTIVE SESSION FROM :9:31. .TO FiO:2O, POLiC_Y AND -_ PROCEDURES CGN$IT,TEE •, RECONNENDMION `• Counci lmeeber Levy said that the--'Pot`scy and ,P-rocadures C9mmi;ttee mgt -`on .: a ' 4, '_I982. 'ago: linen' ;Rout lie Precommended the`; establ-sshalent: of, :a ,Downtown =Business improvement Di strict with; borndari.es= to' ,run frog .Forest on.the• South -to Everett -on the North, -end from Alma to Webster. .The purpose, of a Downtown !Witness Improvement Eli strict • was to make the downtown- more attractive and inviting to' shoppers workers and strollers. He said that the specific activities of. an improvement district could include the promotion of public events, decorations, parking, furnishing ,music, -etc. Because' of the ;existing assessment district, there was no intent in the -motion to 1 nvol_ve the acquisition Or maintenance of parking since that Was an already existing, purpose of --the assessment district. He said the process was that tonight i t was recommended that the -Council adopt a resolution of intent, which would be followed by public hearings, .and the adoption of a specific ordinance. NOTION: Counci 'member . Levy, for the Policy and Procedures Cori ttee, moved that staff prepare a ,resolution of latent -signi- fying the `Council's intent_, to establish a Downtown Fuslaess- Iwprovemeat District which would be composed of all businesses within the downtown area, and would exclude nenprefi ta _add perm - newt residential uses. Further, that businesses within• the dis- trict be _classified into trs Classes of businesses within the improvement area; all -businesses to .be assessed a basic fee and an incremental fee to be assessed- to tbsse businesses which -benefit particularly from increased pedestrian traffic in the downtown area; additionally, that Downtown Palo alto, Jac. be appointed to admi nl star this district, or any other agency that the- Council desires, rather_ than to make a competitive aspect which may -delay the processi Mayor Eyerly commented that some time would be needed for the City Attorney'_•-s.°,offi cel.te.,prepare'•the resosl utienie and he; expeated< that the final papers would not return to the Council prior to the retuer:n :. of the Oowntowm :Retail FStudy..;wh$ chi was ; now s -before _ the Plea r n,inuCommi ssiorr.0 ,He .:said the' Downtown•: Retai l - Study spoke to the establishment of this < type . Lof :dd st ni ct ►,dad ,he _ :thought the Council would want that report before the other papers. He asked Mr. lamer. <<t.f; that .wo► l d . aut om at•ifc a l l y ,happen,,, ,e 1 ! j, f, i .j .+ .1 i f. 1 i i is ?' ;i• Mr„ Za.ner;: saidestaffi_ could, areenge for_ the l3omntown ei e,tai•L .Study to._:come?bbok from!the<Rlaneiny. Commission) at, ithee sale :time= as the Resolution of Intent.i ie .He.•• r.ecommented,::_:howeyer ,F:.thaV i staff be allowed to return with the Resolution of Intent as soon as pos- sible because that resolution set the hearing, and the Council could then pick the hearing date it wanted next week and set it in such a way that it would Correspond with the Retail Study. That way, when the hearing came up, the Retail Study would be in place, the hearing would take place, and people in the downtown district could be notified well in advance. Councllmember Renzel said it ' had been commented that there .was no.: intent to. include parking in the improvement district, and' she asked if that would -,be specified when the' resolution of intent was before the Council, or was that sorethi ng , about which staff should be instructed if'Council wanted i-t to be explicit? Anthony, Bennetti, Senior Assist ant City Attorney said- it. would help if the _ Counci 1 gave .explicit direction bec aue . one _thing Web -appeared-- i n the Resolution of Intent were the- purposes for which the Counci 1 j s expected to expend the Di st ri of s funds. However, he sai o there would be a p&abl i c ileartng at, which ti ee there would' be an _.opportunity for everyone to'comment. ':After the -publ lc hearing,- the Coui c4it{was=ifree i to. #emend?otbe fat Intention at the time it was adopted. He sale .parking = could be -i ncl uded`' i n -,the `Resol uti on Of, .intent and deleted- l ater; or, i f :.the COunoi i .. was con i aced now. that it _ did :`,not wa►fft to :060 O ki AO, 1-t ool:ci be_ omitted' how* The reason the City :A►ttorney's ff ice su.ggested:that parking_ .be dropped Was that there. were> more. -tr•adlti oval aetheds of fi nancing parking that have, had` a i i tt1 e _better track ;veterd :;1 r "tarns . of = irei r!g '.ephel d .1e...the courts:. 14e d14 net want, _ a tit* s :a rol.atl Orly, pair tfi nancl ng• ,-,":40.1 a :: ta. start fl nand pg •parki ng' ;,wizen more tried and true Aaethods avai 1 able; i 1 1 1 1 Counci lmemLer .Renzel felt that the Council should express its intent not to .incl ude parking. Dayi.d; F1 or1 an,.: Secretary 'of_ --the _Downtown .Falot Al to dleanchants Committee, 530 Emerson Street, stated —that they, (wer,e e fully in favor of the establ i shnrent of a Downtown Busi ness Improvement Diestrict,; t ; . i i4 , r 1 ' l' • ' t;. 1i 1- t ti': i ?led Gallagher, for Downtown Palo Alto, ,Inc. said it had al ways been tbefir►: intention 4tot:excIude~!. any :parki=ng provisions ,from the est ab1 l shmenee.;of.i a tDowntown Business ; =ImpVe:vema t Dt st ri:mt . A Downtown UTIt;rers,i ty P,earki,ng; .SASst.essmeint ; District ; ial ready , exi sued, whi ch was an ad . val drum asse-ssment. He said the Di strict was not on the propertybut on the existing businesses which were in effect in the. City, and he -thought that to comi ngl a the two woul d be confusing. Downtown Palo Alto, Inc. recommended that the Resol ut.i on of Intent exclude any reference to parking. MOTION PASSED **aeinously, Fleetcb4r absent. ITEM 116 "POLICY AND PROCEDURES" COMMITTEE RECOMMENDATION RE STOP ::f Counci 1 members Levy said that stop signs were reviewed annually and thi s year there were ni ne requests to make changes in the City '.$ stop :.sign, system- -s.e:v.en : from the .pub -0c and: °two . from Cqun,ci:lmegebersi flde .said..the: Policy; andProce.dure:s, (P&P) Coneeittee made recommendations regarding four intersections. All of :.the recommendations were unanimous, with Councilmember Fletcher absent. He said two recommendations involved Greer Road. First, at the intersecti oil of Greer and :Kenneth where Greer curved very sharply going to and ending et Louis, and where a number of acci- dents had occurred recently, the P&P Corarnittee recommended that a stop sign be added at the intersection of Greer and Kenneth. He sai d staff recommended that the stop si gn at the i ntersecti on of Greer and Thomas be eliminated, but after extensive discussion with the public and the Committee, it was decided that the stop sign should not be eliminated. Second, at the intersection of Greer and Loma Verde, it was presently, a two-way stop, and it was recommended that two stop signs be added to make it a four-way stop. He said there was considerable speeding on Loma •Verde, and it' was felt that a, stop sign was required because of the inc eased traffic: and because _there :was a greater movement of children due to Los Ni nos School being closed. He pointed out that the recom- mendation of Loma Verde and Greer was tentative because it was expected that the- City School Traffic Safety ,Committee would have made its recommendations and would dovetail with the report from the Policy and Procedures Committee. He said the third recomraen- dati on related to Emerson ..and Lincoln which was a unique inter- section that was now a two-way stop. The. P&P Committee recom- mended that it be a four-way stop because, there was a good deal of auto testing which took place on Emerson and it was used as an access in order to , get to the Embarcader'o', underpass Fourth, there was a ,recommendati on at California and ,High -Street: that the two-way stop be turned so that the stop signs stopped traffic ;on High rather than California. E `i.t" . �� '3 } 04; - 4:!,•-`; I . '; it iie: _ :-L ;} j i� -i .. .i; ' !° MOTION: Cooaci timelier Lefty, for the ' .Ps.li ead); Ptrocedisre-s Committee, malted as follows That staff be iii rem tee to do whet it tools4 short of a stop si go , to, -increase ;the . safety of the,. t ateirsecti oa ,:of Lena Verde and freer, That a ste. Silo .4estalleo *o lama Verde at °Greer sod .that the recoo.udatl •es core back "te the Council with . a •Tree - C1 ttelt ditties at the sass -tie.* fro._ the City/Scheel Traffic Safety ._ ' 1 (3) That two stop signs be added at Greer and Kenneth and that the existing' stop signs be retained et Thomas and Greer; (4) That a fever -way stop sign be implementediat theintersection of. Lincoln and Emerson; and (5) Direct staff to reverse the stop signs removed from California at Nigh and to pet them en High at California. RESOLUTION 6037 entitled "RESOLUTION OF THE COUNCIL OF TAE CItY 4r PALO ALTO AMENDING RESOLUTION NO. 4291 CMANNING CITYWIDE STOP INTERSECTION • SYSTEM AND NAP" Councf 1 membar Witherspoon said that some time ago, the P&P Committee considered the recommendation to make the intersection at forest and Waverl ey a four-way stop rather than a two-way stop. She said .staff looked" into it about a year ago and did not feel that a four-way stop was justified. She said she traveled that intersection at 1 east six'.Ai ales- a week iand Mound. 4t to', e, the =or!le intersection in town that made ` her very nervous. She said the intersection was very busy, and staff's main concern was that they wanted to keep Waverl ey a fairly through street and that putting another stop sign would impede it. She did not agree and found that intersection to be very dangerous. AMENDMENT: Coenc1 lsember Mitherspeen gloved, seconded by Menzel, to wake the intersection of Forest and ilaverl ey a forr-way stop. Vice Mayor Bechtel said that the map presented by _ staff did not show all of Waverl ey between Embarcadero and, University. She said there - was a stop sign at just about every corner between Embarcadero and University, and if any more stop signs were added, it would be a mistake. She would not support adding another stop sign on Way.erl ey without a thorough evaluation of the :;rest of the street. Counci lmerni r- Renzel said she also felt very unci mfortaOl a at the intersection of . Waverl ey and forest, and said : that Waverl ey was two different widths at that particular point. Iry order to see down one side of the street, . one had to be pretty much rout into the- street:.as; it- was from the other direction. She thought that with the two new major condominiums going up, the Ci t,y was, likely to see substantially increased congests on at -that area. Maybe E,y.erly asked i f •the dormer : had: been surveyed °and whether there was a high accident rate= Transportation Engineer:, Ashok Aggarwal : said _that the i ntersec- tion of -,Waved ey and Forest was --considered sl ast June, --and at that ti tee, eight acci dents had been reported for the prl or two years . The magi n -.reason for the -accidents was the poor -..vi si b1l i ty . of the -intersection. 'He said : oral y ..-30 feet of red curb existed at all - four corners, and the City increased; the red .curb -from 30 feet to -SO feet and since June, lgiil, no 'act:ldent-s hid,beer . _reported. ANENOMEMT FAILED by a vote of b -2f Wltkerspoob end Nerezel v.ti*y a0'irs ti *talaer. adoilitt i. ..MOTION PASSED eienimeeSly4 Fletcher' absent, r. �. -i (c - i _ t ai �- 3 f-• _ } % �: (, �i �t .! - _i .i -�} F:i {- _ ,ifs J.�i: r _ (; ITEM 117 4€14-i-WCOMOIONVIYC NTtEit IL3EASE <OF .ik1..0401 hI F JHC.:.TERMAN Q -:A A =Aroperlt}y: Ada#aiisi;'rator dean -ai az voted 4he;= is 1 vt n0 odba+tges_ r tit* r. Visef. p ! 3 f �.';� � Ck ai t 1• c- f i i E [#?1ki ? F [ ri .i t { _ i:iii i I is is 1 iY. is On pale 4, second paragraph t end of fourth line ymmi i.oeOtoni gig of i f h, the phrase"for -reaaons beyond Tenant ..:s control" should be stri-cken�, Page 8 of the Lease, second to 1 ast sentence on the page, "If the unn pool is not made avail abl e for public swimming programs pro- vided by LESSOR due to lack of sufficient attendance, publ i c access to the Terman swimming pool under th'i"i- • cl ause shall be limited to the average daily number of users at the Gunn pool during the previous swimming season at the Gunn swimming pool sub- ject to the daily nonmember restrictions set forth herein," should be et ri cicen. 1 1 about $50,000 to payments `over ' a of 'time. ilthersrs•a, s Mr. Diaz said that regarding the same clause, currently it was defined that if the Gunn pool closed and the public obligation shifted to the Terman pool, the access could be limited to no more than 36 non-Jewish Community Center users per day. He said that in arriving at that ' figure, staff looked at the average daily attendance fi gures for the last few years, and relied on the registration period for the Greenacres I people who had direct access to the Lerman pool. :The regi strati on period for the Terman fool for they Greenacres :I . r'esi'ddnts had 'a a .trit`lbn jrrovisi onjthat it was only those that registered in the beginni ng, which was part of the Terman Worki ng Group agreement. He said they wanted to make sure that the 36 figure was an additi on to the number of 1 ni ti al registrants from the Greenacres I nei ghborhood, whi ch was the maximum number and the intent of the cl ause. He said that would be made clear in the final wording of the sentence. Mr. Diaz said that other than the foregoing, any required changes should be nansubst anti ve and corrections of typographical errors. Counci l member Klein said that regarding the -parking the Jewi sh Community Center (JCC) was going to pay for, he was unclear how the financing was going to work, and asked Mr. Diaz for clarifica- tion. Mr. Diaz responded that the June 15 outline of the lease which was approved by the Council and the JCC last year called for the City to construct_ all of the parki ng on the site --and all of that parking was to be "in common" parking. He said that when staff finally got down to working out the lease, there was one area within the leased premises where the parking extended along the Pomona Avenue residents up near the caffetorium and the music room. That parking was probably not -going to be used very much in common by anyone other than JCC users, and the JCC agreed that from that section of the parking --the parking that would be p rov_i ded w7 thi n . the prem.l ses= the JCC would assume the cost: 'of assuani ng' Chat parking and actual 1y. bui 1'd it. He al d thit hs ' Soon as the documented costs were submitted,' the City would allow a credit of 40 percent of those costs. In essence, the JCC assumed 60 percent of an obligation that the City initially agreed to. Counci lmernber Klein : asked how much the parking would cost, and would the cost bey deducted from the monthly rental payments that would otherwise be due. Mr. `` Di az_ responded that the = parking'. would_ cost $60,000,' and would be 'deducted from the rental_ four -a onth .period or some other reasonable period $ay$r Eyerly ` ,**#*d, . tecoseer' by follows. I) That the M:yer. ee :3rther1, ed .t ` axe ete .the Rr sea. lease sebstaitial 1y in the ' iii ii: lr act Wei - lee wft1 .the JCC tiny 006-ssbstaetl ve: cllaailss to be approved by .the` City Attorfe$) i aarb4 ) That staff be Oiretted to rsterie to the teeati l en Jca e; 2$, t$111 i f the least. has . est been eitecisted hi Jt ne 17 ` 1982 with as a eal jst s `see. recenaken4ntins .well ft414 t , Ci.t is :'opti oa r to rescind the Lease/frrck� si 11Or®u+�t fat', the Iler t si to '1 : 1 1 6/07/82. 1 1 Counci lrnember Klein congratulated Mr.. Diaz and the rest of the staff on putting together an imaginative and excellent lease. He said he had read the lease _i n detail and could see where some very interesting ,provisions had been negotiated to cover some points which were not adequately covered in the outline. He would support the motion. Sam Sparck, Terman Working Group member, 4099 Laguna, :said 'he wk's happy that the lease agreement had gotten this far. He said that the cap on the number of nonmember people who could attend the pops per day was introduced during the negotiations, and was a contingency which made him nervous. He asked if any facts were known about the City's ability to obtain the Gunn pool for some 1 engthy period of time? Mr. Di az said he understood that 'the Palo Alto Unified School District had indicated that there was no problem with working out a long term arrangement for the City's use of the Gunn pool. He said it would be a matter of working out the specific document to confirm that once the lease was in place. Mr. Sparck asked if any figure had been placed on the meaning "long term'? Mr. Diaz said no. Mr. Sparck asked that the Council and staff do everything possible to insure that access for a long term period of time —about ten years --be obtained. He said that would make the contingencies hypothetical. Bob Moss, Terman Working Group member, 4010 Orme, said that gener- ally he found the lease .and terms completely in accordance with the Terman Working Group agreements. He thought that the cap on the -riiembee, of non-JCC members .that .could use, the Terman . p,00l ,was probably acceptable, but he was concerned because he thought it was too soon to say what the number, ought to be, and wanted to register his concern. Counci lmember Levy asked how the cap .figure of 36 people per day was arrived at. Mr. Diaz said that staff had looked -at the attendance figures for the City's programs in the area over the last- couple of years. Last year's figure was 715,- and the year before attendance was at 65. Staff recbgni zed the problem i n arriving at any sort of >a limit, and ultimately recognized that the JCC had to have some 1 iritati on to make it ,workable for them because the pool was an integral part of their program: He said staff felt that -relying, on the City's historical data gave a benchmark use in 'establ i shi eg the limit. The rationale was to use the 78, which was the highest of the last two figures as the base for setti ng .:the minimum recog- tai zi ng that the Greenecres 1 people had di reet access to the Terman pool ,during the• initial registration period. He said staff felt that most 'peop'I a would probably be coning :_from the Greenaeres 1 neighborhood to sign up for Terman, and the rest would be gor ng to the Gunn pool program. Staff `.fel t that using 'a: figure that was somewhere ,flears :half of tide_ _evereg, t dai iy ,},attendance expertef ed last year, n additions to7.the reenacres 1`°e`people, would:ble, a reasonable -cap. 1 � . �: $tit' s 11.1 t� ,i 0U$000i F r1_Y=r� -. . fir,-. VI 11 1$ • t .1 if? • 16 441 A .I OA14Y°A A tmU 'Al K NG A s' s w °, ;, 4 n# t ►L;;64'094m,,t ` p: a `, , rei der . , r ,q 'th, ' ty T:a Ong staff. t st'aitf r por _;..1}t¢ the rhi r` f :the. Tra tit o� i tte'e' and' `�the`'. C hi'i�orni a' Avenue Area Development Association's (CAADA) Hoard of Directors. He said several members of the Traffic Committee noted that the boundary of the primary study area should be modified to include a nonresidential property on Park Boulevard, which change would be made. In the discussion with the CAADA Board last Friday morning, a substantive issue arose regarding the roles of the consultant economist. He said the staff report- identified two roles for the consul tant--first , asst stance in oevel opi ng a new parking assessment formula and allocating the colts of the Keystone lot acquisition. Second, preparing economic projections of the type and magnitude of development likely in the California Avenue area in the next ten years. He said CAADA board members identified a substanti al third rol e which would be to analyze economic impact of alternative land use policies developed, for consideration by the Planning Commission and City Council. Staff concurred in the value of that type of analysis and recommended that the task be. reflected in the work program. He said adding the rile would i ncrease the esti mated consulting costs from approximately $20,000, which included $15,000 for the assessment district formula work and $5,000 for the projections, on the order of $30,000 --about another $10,000 of estimated consulting costs. Staff felt the money would be well spent. Mayor Eyerly cl ari fi ed that staff recommended an additi oval $10,000 and a third role to assist in evaluating land use al terna- ti ves. Tommy Derrick; 390 Lel and Avenue, Chairperson of the Evergreen Park Neighbor=hood Association, thanked fir. Schreiber and the. City staff for including them in the preliminary study. The Association recommended that 1) the Citizens' Advisory . Committee be able to assist in the selection of the consultants in the study rather than coming in at some later date; 2) that the Council give consi derati on to a rnoratori um on further conunerci al devel aprnent of the California Avenue commercial district until the study is com- pleted; and 3) Regarding CMR:278:2, dated May 27, 1982, . page 2, Item C, second •paragraph,. Council assignment (2.) "The study of cornpati bl e transi ti anal 1 and uses for the Cold ege and Cambri dye Avenue blocks lying between the California Avenue Commerci al District _:and the Evergreen: Park Residential Neighborhood." He poi nted out that there was no l and in between the . commerci al di strict and the resi denti al nei ghborhood. The area was a, mul ti - - fami ly reel dents al neighborhood, but it was all residential. If the Cou:jci.l wanted to address the issue . of the multi -zoned residential, neighborhood as the transitions, the Evergreen Park Neighborhood Association wanted to be clear that that area was included as part of Evergreen Park and was not selling out the multi -zoned part of the neighborhood to be .the transition between the commercial and the single family residences. Mike Gol ick ,. 366 Cali €orni a Avenue, on behal f. of the Cal i forms a Avenue Area Devel opment Association (CAADA) and Chai rperson of the Parking and Traffic Committee, congratulated staff for a report well done, and said the scope was what CAADA had always wanted. He said CAADA,=wei.coeed =the'. invol v ement of, eother.:nei ghborheoe$ i*i th the parking di strict; however, if the neighborhoods were _instru- mental° i nt changing the zonesa end-, parkl-ng;. CAADA' felt ithatthat the neighborhoods shbel:d, hel poet e,:: theeimpl ementtat,to►eeofei the p} and paying for any of the studies made. He said CAADA had $119,000. avail able,ill it afund eta f odd *es.e-ecqui red;I:baje parking permits and 'other-) prupev:t:i lthat I ere: sold a q, .The;vsfun?$,c was earl ark ed 'exclusively : for aaqui ;Wow nkr 1 ands, parkin,- ideve1opment, and two years ago, Council granted.:perms:ssiso;n .:for : it to... be; used -for beautification purposes. He did not believe that CAADA should -use that; fund for: any,:ipaymfemtri rtAA A:,.request\ed that ;anyJstudtes regandleg thei area isarti cultar:})r::jas ezp3nded.► to Atte aelglhbor- _rhoodaj--come, out , of {trhe�Ci ty bsj_ n nee:1 EauId:,', CAADA: rundersbood that ,a portion or* a. orr,zahare o.f, theAawntown:studjt was spardAor from the General i~unck. : sai:d:sCl4ADA=1arssJ:opposed,rstea eay+ onorei�mora- tori a, but .urged' that the _ study, be made, and that the Keystone Property be acquired. Alan Weller, President of CAADA, 2601 Glendale ,Court, said CAADA ,fel t l i t was important that! the se,Uecti on . of r the. economist, who would have such a great impact on the future of the area be selec- ted with CAADA's input as well as the City staff's. Mayor Eyerly- said he thought it was customary for staff to contact the District on the selection of such, people and deferred to Mr. Zaner for clarification. Mr, Zaner said, that was correct, and said that Council had adopted a consultant selection procedure which contained provisions for working with involved groups on the selection process. Councilmember Witherspoon said that staff recommendation No. 4 on page .6 of CMH:278:2, referred directly to the !acquisition of the Keystone lot, She recalled that when the matter was first di s- cuss.ed by the Council, she was hopeful that the City could obtain an option to buy some time whi le.the City either pursued the study or other things. She asked Mr. •Diaz" if the property owners would consider giving the City an option? Mr. Diaz said that lased on the information staff had at the time, the people i n the assessment district were very concerned about how the acquisition would be financed. He felt that the City needed to be somewhat assured that the acq0 si ti an of the lot would fit into the Plan to evolve from the study, and if the study reflects a mechanism for financing acceptable to CAADA prelimi- narily, staff would imediately request Council authorization to negotiate an option.-. .He said it might- ibe premature to_ do -that now dependent upon the level of support from the people in the district. Counci lmember Witherspoon asked if Mr. Diaz sensed any danger of the lot not being available in six months. Mr. Diaz said it was difficult to. say. He said there was a general slow -down in activity, and that the property was encumbered by a lease'that would be in effect for the next 2-1/2 years or so. It was unlikely . that there would be any i need i ate change, but as soon as i t was known whether the acquisition would fit into the plan, staff would do something to ensure that the . lot was not lost. Counci lmersber Cobb said he was excited about the study and thought --t would be :a marvel ours: step toward looking at the future of various sections of town if it was done correctly. He wanted the study to include an assessment of the full development potential of the area with the existing zoning and the impacts on that -full development potential. Mr. Schreiber said it was staff's intention' to look at the full development potential and impacts along with the ten-year projection, NOTION: Comic! # aye bo Cobb stored; s*c *4ed _hy ; Reuel - To di pint stsf f to Precoe4 at f h =tom work' prof f* aes, sot 11 aed .1* Att ac eat .A, •r Awileolitod . by ; the Cnoet i ># 2-) T# dir.ett staff .te rotor* t• C sacs 1 after the peal®*of • t a >_o ra,tscb • eel tb 4 specific - r•t eseati as for Aloe cospopthfoo •f ,the tit zoos Adels*ry Clegillittoe -.wk..4111 pietsio pate i-as :fie :casdect of the SOHO; 3) , .Authorize st f i to prod eel th the cues*l tut t•lscti a pre - for s.caia1tent :• coo i•st,te .*set st.;ia tee dot oral tl ae cif the few assessment torsi$. _<ass woM a toe: *colonic far casti ng **seat et to the 146atl*so anei js$ s, ; sod ::rotors to C•.atl 1• s th a coettact Cosset 1 r vel 1 1 1 1 1 4) To direct: 'staff, : i n the course of the work program,, if preliminary =study- indicates that! the Seystoserlriot ,acgnlsltion is appropriate and has the support of the:ewnert within the CAM orala AAmmo-me -':Astesemeat isteict . to motor. lab=4aasci.l With = p. recoarmeedatli4n'.to { Aioothate ak option . to .pwrchate the property,. t; ; ; j .. _i r .z .i :- . 1 i .7 - ; k.'. 5) To l act ude+_ CAA*k'es ':recorrremalatlon that t fit i Ai kiWilhvidaved i n settee -lien of scanted tt =for s4a0#--ant., 4 .! i j The study to include an assessment atfe ;f`.iriil `:d re3ap tLloten- ti al of the area. PASSE© 8-0,_ Fletcherabsent. ITEM #19, OVERNIGHT PARKING ORDINANCE (CMR:266:2) � rArr�.rrw.rnrrarr.nww.wRnorr�rrirr�r�a�urrrawrrw�rre- - . Pol ice Chief, . Jim Zurcher, said that i n September, 1981, the Council directed staff to draft an ordinance that .would: modify the abandoned/stored vehicle enforcement policy ,and prohi bit overnight parking of certain commercial and recreational vehicles in resi - dential zones. He said that when the ordinance was before the Council, staff was asked to modify it to irci ude: a: permit system for housecars and vehicles with a camper for those without adequate off street parking. Vice Mayor Bechtel said she was . concerned about the defi ni ti ons. The definition of "camp trailer," contai ned in Section 1, item 1, of the ordinance, she presumed was from the Vehi cl a Code, abut - sai_d it described a vehicle as bei ng a maximum length of 16 feet and not to exceed 96 inches in width. She askedif a trailer that was slightly larger was not included? City .Attorney Diane, Lee said that in drafting any ordinance re,u- 1 ati ng tra.ffi c, there was a general. prowl si osi contained, in the Palo _Alto Municipal Code -which stated that the City was bound by. the defi ni ti ons contained in the California Vehicle Code. She said the defi ni ti ons 1 i sted were speci fi cal ly taken from the California Vehicle Code. „ ,The City s: abi I ityt to limit parki rig :and traffic or even regulate it was bound by the Vehicle Code. Lt. Chris Durkin, Palo Alto Police Department, said that any trailer was prohibited from parking on .the street., as detailed in No. 5 under Secti on 1 of the ordinance. The camp tral,l er was a s.peci fi c type of trailer defined in :the vehicle code, and .it was i=ncluded : i n adds ti on to < the more common type of _trailer. Vice Mayor Bechtel i nqui red regarding :"Camper:" under Item 2, which definition was a structure desi grad to be mounted upon _: a motor vehicle to provide faci.l i ti.es for human . habitation or caaiping purposes. She said 'that although the definition was from the Cal i for°ni a Vehicle Code, she was concerned that there were ,a variety of types of campers. She said she had seen a Volkswagen Rabbit with a camper shell on .it. One could perhaps camp in it, but she would find ethat :=car smaller than the average car _and, therefore, not obtrusi Yee -She 'thought : that , a size; designation needed tO be included. Lt. Durkin sal d that the key words in the defi ni ti on of "eaeper," were "to provide facilities for human habitation." Generally, "fact.' 1 ti es for human habl tati°on" was :interpreteef to lean cook# ng- and sleeping facilities, - whereas a shell , naraaf y did not have those feellit1es. 1 1 MOTIONI .Mayor 'Ey:riy wored,, seconded by :Mftherspeo+a,-, approval of . the ,:eoerei Let parks lei drdl fleece:. for, ft rst .:readiest, -' • ! . . ,t ti_€% :, ° s' l 1 f itii . t s f- - �) ' r ,'c.ORikIAANC6.=FUR .F=IR I : READING .s+uti-trlaut,,410II ICI CE ISP fTMEI ., ;t PbI O u ALTO JAWS. SECTION r 10.44.015, . DEFINITIONS* AMENDING SECTION 10.44,.40i.OF.,,, THE PALO ALTO MUNICIPAL CODE TO PROW IT STANDING OR E f ADM MG . (1OFis (, AMR TAAM.1 UIE;MbCLE+S I,.'.,Ia1 u LONE BETWEEN THE MOUiS OFiliTW*.ALL 'AMP .&1X. A4W) AI* 0AUTN64-_ RILING THE ISSUANCE OF PERMITS FOR OVERNIGHT PARKING Vice Mayor Bechtel said she was concerned because she found a large size camper objectionable as opposed to aesmial l4er one (that was no bigger than a van, which was objected to in the ordinance. Chief Zurcher said the ordinance objected to vans, house cars, and pickup trucks with campers, which he thought was the direction received from Council. He said . that the more the ordinance was discussed, the more reasons would be. found for exceptions. He suggested that staff work with the ordinance for a. period of six months, and if particularly troublesome items were found, staff could return to Council with ;possible solutions. Mayor Eyerly suggested that staff report •back to Council regarding how the definition contained in Section . 10,44.015 (2) was deter- mined. C7i of Zurcher clarified that =staff would report back on the defi- nition of "camper." Mayor Eyerly said that was correct. Chi of • Zurcher pointed out typographi cal errors on Page 2, Paragraph (b) 'third line ,.:from the bottom, word "sparking" should be "parking"; second line from the bottom, ward "his" .should be ''the", last line word "his" should be "the." MOTION PASSED eeitanisse:iy, Fletcher absent. ITEM #20, ORDINANCE RE DRINKING IN PUBLIC (CMR:292:2) eweh��arlr9t...[r�r�afr�r�3.�r.��rwn�rr o�a�rr�� - ti Police Chief, Jim Zurcher, said that in duly of 198O, -,there was a problem in Cogswell Plaza of drinking and all of the activities associated with drinking and drunks in public. He said _ Council passed an .ordinance prohibiting drinking of a.l cohol i c beverages in Cogswell Plaza, which worked very well; however, the problem was displaced to other areas i n the downtown district. He said that the ordinance before the Council .'prohibited drinking' alcoholic beverages on publ 1 t sidewalks and other places' as -described >i n the staff report. staff felto that the prohibition on drinking in various places _ would , decrease -the .number Of peobi eas associated with drinking : le the downtown area,. California Avenue area and.. other places where difficulties .had been eeperi enced.: He said the ordinance' had the support' of many of the merchantsto the downtown area who had complained vigorously and frequently. Cbunci l member iii thsrspeon cl ari fled that Council had decided not te,dteell-owedelnkine bererages to other parks. Ottifif ,Zerrther said -that was :correct.: ' He said.: Cogswell Plaza .was the' only area affected. Counc1 lmember Cobb : said : he .-�rec:al l ed some people talking: about R1 ngonado Park end scree -of the _;erious problems talked about - by. - nearby 'residents. He was -coneorned that the - problem would .be' da spl aced to: R1 nconada_ and Ml t+CRei l Parks. He understood the. ordinance_; to - mean 'that - "`open 'centai tiers" were not allowed on the publl_c streets eiev,where. Chief Zurcher suggested that if the ordinance could meet some of the needs, that the ordinance be passed for a time to see how it worked, He said that people in the .downtown area who wanted to dr=ink would dri Ak somewhere. The problem was that they were drinking on University Avenue and creating a problem which the merchants did not like, and the Police Department had difficulty handling. H€ said the ordinance seemed' to work well in some other jurisdictions, and worked well: for.•tie prnb.i.em� in. Cogswell Plaza. He was hesitant to rece•mend that 'dt' rikf n§' sho`ul d'iie banned i n 'the parks. Councilmember Cobb said that one reason he had the impression that the City could not deal with the question in parks like Rinconada was because it would be so difficult to enforce. He asked if the ordinance was .more easily enforced within the constraints outlined in the ordinance. Chief Zurcher responded that the ordinance was neither difficult nor easy to enforce. In either case it was dependent upon the available staff. He said . it would be itpossible with the Department's present staff to regulate the drinking in all the City parks. Counci lmember Cobb asked if the people arrested were Palo Al tans or imports, and were they primarily young people. Chief Zurcher responded that some people were Palo Alto residents, some lived in the downtown area, and others went to the Avenue because it was, a ni ce place to meet ,people and .a nice place, to be. i OTIi R: - ; o`eri� i l�t her Cahb a ed'� sec ridad i of ' the' ordi n'aa'ce' -for ` Ti r•st ready as ORDINANCE FOR FIRST READING entitled 'ORDIMAMCf OF THE C40AtIL OF THE CITY OF PALO ALTO ADDING CERTAIii REOO- LATORY PROVISIONS TO THE PALO ALTO MUNICIPAL CODE PRO- HIBITING AWING OTHER THINGS CONSUMPTION OF ALCOHOLIC BEVERAGES IN OR ON (1) STREETS, HIGHWAYS, SIDEWALKS OR ALLEYS, (2) CITY -OWNED OR OPERATED PARKING LOTS, 3 LOT L AT-RRYANT AND LYTTON, (4) LYTTON PLAZA, AND ( CIVIC •CENTER BLOCK AN$ TO AUTNORIZE THE CHEF OF POLICE TO SUSPEND CERTAIN PROVISIONS OF THIS ORBINANCE BORING TEMPORARY 1TREET CLOSURES" MOTION PASSED unanimously. ITEM #2U._A. (OLD ITEM SEiiER TRUNK DESIGB'(CMR:284:2) Staff _ recommends that the City Council authorize the execution of .the ` contract in " the amount of $29,800 with the firm of Brian Kangas-Foulk and Associates for the design of the Barron Park Trunk Sewer Extension. MOTION: - Mayer `-£jerly' sewed, . ete dad the staff retoe tsdatI ea end coetr. act. LEi EifT - PROF [SS I AL EUUIIEERIPC FOR THE OESIili OF A _BARROW _ TRilOR: = TIER. FXTENSII# Bob Most , 4610 Orme, said : he _was a m wbe of the ;Barron Creek' ..Comi Ittee, and .back -irt the still -1970 the flood- Conte. -o3 Distrt;dt. sehedul ed '.Barron Greek for e*t-en-sl vas:..'fl'ood -:control - work_.- He ..sai d the proposal` .was n Pub in a:fl ee inch pi Pei do h:: Les R±bles. along... •- • the *oet.herly s -de, and het, understood that was , still a hi.Oh pr`iofit,r "for the FIand Control Alstrio:t In eviewin'g 'he co;n- su1teet`s lre+ct, he ..found` ho .,.poor#sion far .cobrdindtidh #th the .i lood. COptrel Dlstrlct. He discus%ed tha Batter .wtt ``staff rho idvi_s'ed -hie they_ -_were' Aware oil:: ther' pote itl el p'rob1 ell and_,-heti touched bases with the Flood Control District. There would not be a problem of designing a sewer line to go exactly ,where the Fl pod Control District was planning to put a five inch' pipe, 'and Los Robles would not be opened twice in a relatively short peri od of time. He was seta sfi ed there would be no problem with :the mat- ter. MOTION PASSED unanimously, Pletcher absent,, ITEM. 121 REQUEST OF MAYOR EYERLY RE ,DOWNTOWN SLEEPER PARKING Mayor. Eyerly' said he did not realize' that the percentage Of sleepers. was so high, and he was concerped that when the Urban. Mass Transportation Grant 'was recei red by the City, ,and staff activated the limited time parking in the neighborhoods, that the empl oyees who were now sleeping out there would be trying to .find areas to sleep in the downtown area where the parking . was needed for custom'ers,`etc. He said staff, indicated that 'they did not see any way' to correct the prdbl em due to lack of resources and he thought the Council should address how many resources would be needed to correct the possi be increase in . the sleeper parking problem and also to find out if sources of funding were available. He understood that the Downtown Assessinent District generated approximately $650,000per year in revenue of which about $300,000 was for the enforcement probl ems and the remainder went into the General Fund. NOTION: Mayor Eyerly atoved, seconded by R!Rael , referral of CMR:2ko:2 to the Policy arts Procedures Committee and for preei si oa of . a staff re ort on needed resources to iddErers CI oa aer District. g ttic`l aldi R re ►a riei` gehd ated ey e` o here' Asaesse et District �ti i 1 E f 3,i 7 E: l F% 1 ! _ • Counci 1M.emb�er Wi;t,herspoon asked if ayor':E•y'eriy, was' ask �r�g that staff come up with new brainst"orrnlnp ideas "for ' ,attack#rig the problem• • I. Mayor E erl' fa,i he 'thought {th:e ways€ to 'attack`' the •`Ptob! eln were inherent and :had to: -be we'l l . '. y the P.&P, `Comidi'tte'd. I?e s`a1 d the report Indic ted• ' h•a't s coul,d hp police' `th'e'1` sl;Pep' r' parking problem ,bec1U•s4,. o1 ,thy 1 act of ,ph ,si ce1 ..resou,rces.• !je s•aii`. "he was not aski ng t -for r n;dw °�#idea r. , ,bii t qI1d ; het `r pr�ecl ud ;?.ny new suggestions t Counci-lmeraber Witherspoon sai d that 'by Works (F&PW) Committee they just 1 earned that pailki ng meter empl oyees paid for themselves. Mayor Eyerly said he di d not want to include that type of informa- tion because the City would have a parking problem as soon as the Grant was activated. Vice Haygr, Bechtel .agreed that .a real. problem.. existed., with sl a p;er'. park1h . 'She' traf report 'ind1' at4ekt't at{,i4t rOu�nd'ln co �t r it -,es did , not have the same kinl9' d ' probl'ems beca se .t ey 'sod` MOP e parking av . a Z;e,. � She ,e s , oppj .see ,to .r� if erri ng�., the t ekatter to .: the P&P Coraa►i tt : i i t hi w,,�ut ia`l t .aid ' 'r ,.a i $ and': d'' ;:ee what. hap- pened after `th n po s bi' it� ,, S d:, s' cikheer Wed' because it. was -not just d matteV f#`,1'awe44';-`htt" i b. "the hazards of -a parking- monitor physically having to biota Un versi=fy Avenue or. Haan 1 tors Avenue to -write down a l i cenae plate number,-- a locati of , to i eep a `;log, and to try and :keep.' track of _all the l nfor iati on ._ _She : said. the report indicated that: Parking MOoritor effectiveness oul d ` be`'.'reducad by- as ouch as i,50 , percant, and ' _she thought it wdul d '.be more, S e =-sale :ar ;.stn co. -titer: would -be - neied.ed,: tb, keep track of evefythf g. She_. sy*paths .e ►i th Mayor Eyerly's :concern, but was rel uc;taflt : for the ;litter. to go to the pip Covssi ttee and for additional Stall time to be spent` because-- she di'd not `see an enswer aiaglcally She would like to See iaelbers -of the downtown .co tunity -`hei p . come up with solution and, therefore, would vote .l ei nkt- the . motion. 1 :2 1 1:8 6/07/82 1 APPROVED: Counci lmeuber Levy said he agreed with Vice Mayor Bechtel. He said that the point of the program was to make more parking spaces available to the downtown workers. They would be the prime users of the two extra parking lots being opened." He thought 1t would be more appropriate to wait until the new program commenced to see what the effects were. He said that even if the sleeper problem continued, the dimensions would be different once. the test was in progress. Mayor Eyerly said he wanted the P&P Committee to look at what the problem was because the staff report did not address the needed resources. He felt that indicated staff felt they could move the sleepers if they moved intothe downtown area, and he did not want the sleeper problem to become any greater than what it was. He wanted the P&P Committee to look at the resources and what staff could do if the resources were available, and provide a recommendation. He said it was important to do that before the Grant was received and before the problem was too severe. NOTIOVI PASSED by a vote of 5-3, Klein, Levy, Bechtel voting °me,' F1ot:her absent. ADJOURNMENT Council adjourned at 11:55 p.m. ATTEST: MSsistant City,c'1er