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HomeMy WebLinkAbout1981-07-20 City Council Summary MinutesCITY COUNCIL MINUTEs CITY , of P ALTO ALO Adjourned Meeting of July 13, 1981 7:30 p.m. Regular Meeting, July 20, 1981 ITEM PAGE Adjourned Meeting of ;July 13, 1981 Palo Alto Tree Task. Force (CMR:341:1) Project .Mobility Taxicab Service - 1981-82 (CMR:351:1) Request of Councilmernbers Fletcher and.Fazzino re Arastra Land Park Dedication Regular Meeting of July 20, 1981 Oral Communications Special Orders of the Day Resolution of the Santa Clara County Associa- tion of Planning Officers, Commending Naphtali 1i. Knox, Director of Planning and Community Environment, City of Palo Alto 1 0 7 2 1 0 7 2 1 0 7 5 1 0 7 6 10 80 1 0 8 0 1 0.8 0 1 0 8 0 Appointment, of Two Planning Commissioners 1 0 8 0 Consent Calendar - ReferraJ 1'0 8 1 Feasibility analysis - Downtown Parking Struc- ture - Referral to Finance and Public Works Committee (CMR:338:1) Downtown Retail Study Consultant Selection Referral to Finance and Public Works Committee (CMR:354:1) 1 0 8 1 1 0 8 1 Consent Calendar Action 1 0 8 2 1 0 8 2 0 8' 2, Ordinance Re Manufactured Homes ;2nd Reading) Ordinance Re 705 Sari Antonio Road From P -C to C-8 (2nd Reading) Planning Commission unanimously recommends approval of the Application of Robert W., Burnett . for - a change in Zoning from RM-1 to RM-2 for property at 185 Bryant Agenda Changes, Additions and Deletions 0 8 2 1 0 -8""2 35G-360 Hawthorne, -.351, 357 Bryant Court�Continuance to August 17, 1981 1 8 2 PUBLIC HEARING: ` Planning Commission Recommendation re the Application of Ronald Casentini for a : Tenta tive Subdivision Map for Property located at 551 Lytton Avenue _ ,� ITEM PAGE PUBLIC HEARING: Planning Commission Recommendation re Application of Robert E. Shepard for a Minor Subdivision Lot Line Adjustment for property at 736 and 728 Forest Planning Commission and Architectural Review Board Recommendation re Application of Ehrlich-Rominger, Architects for Site and Design Review for an addition to Hewlett-Packard Building 25 at :;500 Deer Creek Road Planning Commission Recommendation re Application of the City of Palo Alto for a Change of District for Property Known as Lucas Lane from PF to CC and CS - Ordinance Resolution Calling General Municipal and Special Elections for November 3, 1981 Grant of Easement - Pacific Telephone and Telegraph Company - Parking Lot N Grant of Ec: > 'Went -- Pacific Telephone and Telegraph Company - Foothills Park (CMR:362:1) Election Matters a. Ballot Arguments for Special Election, November 3, 1981 b. Candidates' Charges for General Municipal Elections c. Clustering of Precincts/Ballot Rotation Report of Assistant City Manager June Fleming re Medfly Situation Adjournment 1 0 8 3 1 0 8 4 1 0 8 8 1 0 9 0 1 0 9 2 1 0 9 3 1 0 9 3. 1 O 9 3 1 0 9 4 1 0 9 4 =- 1 0 9.5 1 0 9. 6 1 0 7l -.7/20/81 Adjourned Meeting of July 13, 1981 7:30 p.m. Regular Meeting, Monday, July 20, 1981 ADJOURNED MEETING OF JULY 13, 1981 The City Council of the City of Palo Alto met on this date in the Council Chambers at City Hall, 250 Hamilton Avenue, at 7:35 p.m. in the adjourned meeting of July 13, 1981. PRESENT: Bechtel, Eyerly, Fletcher, Henderson, Klein, Levy, Renzel, Witherspoon ABSENT: Fazzino PALO ALTO TREE TASK FORCE (CMR:341:1) Staff recommends that -the Mayor appoint a "Tree Advisory Task Force" as outlined below. 1. The Task Force should consist :.of seven appointed members. Five of the members should be appropriate professionals with at least one of those five being a practicing Arborist. The other four professional appointees should be arborists, horticulturists, agronomists, fortfstry management profes- sionals, landscape architects, or other persons with related professional backgrounds. The remaining two members should be lay persons. All members of the Task Force should be residents of the City of Palo Alto. 2. The Task Force should be charged with the responsibility of obtaining citizen input and Working with City staff to develop policies, standards, and guidelines for management of the urban -forest. 3. The Task Force should be terminated upon City Council acceptance of their recommendations, which should be not later than May 1, 1983. 4. The Task Force should not be assigned any responsibility for regulatory functions. The should, however, be considered a resource for advice to other City bodies which have regula- tory functions • The Task Force will be supported by the Public Works Depart- ment staff. The staff Arborist will be the coordinator and Task Force Secretary. He or she would not be a vdting member. of the Task Force. • The Task Force should conduct regular periodic meetings which are open to the public. 7. The Task . Force's focus should be on development of an Urban Forestry ..Management Plan. Cdal s and specific elements of that plan should include but not be : limited to the fol- loving: a. Provide for citizen input to the planning process through conduct 4f ' public _ meetings, interactions with, citizen groups and other appropriate means. Review and: recommend revision, if necessary, rent Palo Alto; Tree Ordinance. 1 1 d. Review and recommend revision of permit systems as they apply to trees. e. Development of a preservation plan for mature trees. f. Development of a disposal plan or tree harvesting plan, and associated policies for removal of City -owned trees. g. Advise concerning a record management system appropriate for tree management within ,the Ci ty of Palo Alto. Note this does not necessarily mean a requirement for a com- plete inventory of all City trees. h. Encourage education concerning City tree preservaion and care. i. Develop a means for providing expert opinion concerning trees and forestry management within the, City of Palo Alto to such bodies as. the Planning Commission, Architectural Review Board, and City Council. Erica Prince, 302 College Avenue, thanked the staff for working in cooperation with the tree committee on the Tree Task Force proposal. She was happy that that type of commission was going to be implemented. She felt it was important that there be a better balance between people in tree -related professions and people in other professions. She felt public education was going to be an important part of the commission's work so that people like teachers and environmental educators, artists, and writers would be important to the commission. She suggested that the Council change the balance from 5 tree -related persons and cwo others to.4 tree -related persons and 3 others. She also thought that if the City Council wished to keep the task force in force, it should not have to terminate the task force upon acceptance of a recommendation. Regarding the responsibility for regulatory functions, she thought the group should meet with the City Forester to determine what types of things they would be doing. ;. Councilmember Levy asked why a 5-2 split was recommended between professionals and lay people on the Task Force. Assistant City Manager June Fleming, said that the ratio had been discussed with the Tree Comriittee and they had endorsed the figure. Director of Parks and Open Space Management, Larry White, said that the split was,; to assure that the City had people on the tree advisory task force that could advise the staff on any technical things to do with trees, and any other problems in forumulating policies of the master plan for tree management in t :Ie City. He said to have professionals :residing in the City of Palo Alto on the task force would be the best of all ,worlds for staff to work wi th, MOTION: Councilmember Levy moved, seconded. by Witherspoon, to approve the staff recommendation. Councilmember Levy said that trees were very important to the. quality of life in Palo Alto and he thought everyone recognized that. The 5-2 : relationship of : professionals and lay people concerned him slightly, but he thought that since all of the members of the task force would be residents of Palo Alto, they were talking about public =spirited citizens who would ..al o in large part be professionals, and, therefore, he could ,live with it, The fact - that there was a sunset clause that .,the Tree Task .. 1 0 7 3 7/20/81 1 d Force would terminate when their recommendations were presented to the City Council, which should be by 1983, was satisfactory to him. At that point, the task force could be evaluated and its life extended or phased into a permanent committee. He pointed out that Councilmember Fazzino was instrumental in moving the Task Force concept ahead and commended him. for that. Councilmember Bechtel asked about the proces$1' by which the appointments would be made. She wanted to make sure that there would be some type of an application procedure so that if a mem- ber of the public were interested in serving, they might be able to apply. Further, she said she was sympathetic to the request of Erica Prince regarding the balance of .the committee. She said that sometimes it was difficult to find the exact balance due to resignations, etc. She hoped the Council could aim for a balance of lay and professional people, and she would like to see the professional people include educators with an amendment to that affect. AMENDMENT: Councilmember Bechtel moved, seconded by'Renzei, to change No. 1 of the recommendation to read: "1. The Task Force should consist of seven appointed members. There should be a balance between lay persons and professionals. All members of the Task Force should be residents of the City of Palo Alto." Councilmember Klein supported the amendment and thought that when: committees such as this were being set up, it was not a good idea to be locked into five of one category and three of another cate- gory. He thought the Council should preserve flexibility with the goal in mind to have a significant number of professionals as well as the background and viewpoint of the lay citizen of the community.. He asked about .the rationale of having the Mayor appoint the Committee aid not the Council. Ms. Fleming said that it did not set a precedent. She said that this was the method used in. appointing members to the South Bay, Cooperative Library Systems, and at the time that route was taken upon the advice of the City Attorney's Office. Councilmember Witherspoon noted that the Veterans' Building Committee was- another committee appointed in this manner. She said it had been the practice for appointing ad hoc committees. City Attorney, Dorn Mayor, said that under the Code, the Mayor had the authority to make such appointments except for certain specific commissions and boards, to which the appointments must be made by the City Council:. Councilmember Renzel said that with the Historic Resources Board; which was a permanent Board, a subcommittee of the Council inter- viewed all applicants and then made a recommendation to the council. She agreed with the ``amendment for the balance between professionals and lay people and felt it was a much more flexible. way for the Council to deal with the situation, and would not result in the Committee being overwhelmed by professional people. Councilmember Witherspoon endorsed the idea and the: amendment. AMENDMENTJPASSED unanimously, Fazzino absent.; AMENDMENT: Councilmember: Bechtel moved, that on page . 2,' 'item 3, change' -`the word "terminated" to "evaluated" and add at the end, "to determine whether the Task Force _should. continue." 1 0 7 4 7/20/8.1` Mayor Henderson pointed out that regarding ad hoc committees, the idea was for the committee to exist for a given period; then, if Council wished to have a regular commission or committe, that action would be taken. He felt that if deadlines were not set, the work goes or, and never reaches a focal point. Councilmember Bechtel said that she wanted to leave it so that Council would not be stuck having to continue the task force, but that it was .not so definite that it must be ended. Further, she said she had received °a telephone call from Katherine Stegman who was relating Albert iii i eon' s request that the Task Force be renamed a committee. Ms. Fleming reassured Councilmember Bechtel that staff's inten- tion was not to close Council's options for having some group continue actively. The focus was to bring this task to comple- tion and then allow Council to make a decision after having seen the task `force's work She said there was concern that perhaps the -task force would function better if they had some time lines and parameters in which to work, but it was not staff's intention, to say that completion of the task would be the end of citizen involvement. Vice Mayor Fletcher would not support the amendment to say that the Task Force's work would be evaluated to determine whether, it should continue. She felt it .sounded as though if they did a good job, the Task Force would be continued; and if not, the Task Force would be terminated. She thought that to set the lask Force up in that manner with the original clause, left in, would leave the door. open for changing the make-up or direction of the Task Force, and .Council could decide at any time whether it wanted to continue or in what format Councilmember Klein also would not support the amendment. He felt it was useful for the Council. 'to have some set ;provisions and thought that before Council made anything a permanent part of the City, there should be a careful analysis. He did not think Council should write .i Ito it the idea that it may go on. He felt the burden should be on those who wish it to be permanent, to come forward at that time and make a case. Councilmember Levy agreed:. with Vice Mayor Fletcher and Council - member Klein that the way : the clause was stated gave the Council better flexibility. City Attorney, Don Maynor, read from the Code, the rule on appointment for standing committees, "In additiqn to standing committees, the Mayor may, . subject to approval of the Council, appoint such other special committees, of Councilmen, private citizens or both, as he deems necessary and desirable to assist and advise the City Council in its work." AMENDMENT FAILED by, a vote of.. 6-g, Renzel "aye," Fazzino absent. and Bechtel voting MOTION AS AMENDED PASSED unanimously, Fdzzino absent. PROJEGT,240111LITY :TAXICAB SERVICE • 1981.82, (CMRs351 i)., Staff recommends that Council accept the -revised bids and autho- rize the Mayor to execute contracts which; reflect the negotiated bids with Mid -Peninsula Cab Compa`hy-�arid Peninsula Cab Leasing Co. for Project Mobility service in ..196.1-82. Councilmember- Klein: was concerned 4toot the bidding process and wanted to hear more ,about it' from the City Attorney. It seemed 7%=W0/81 to him that the process was highly unusual and he wanted reassur- ance as to what staff was doing and whether it was a fair and appropriate procedure. 1 Mr. Maynor said that the reason for the renegotiated contract was because the original bidding process was not fair in that the award of the bid to two contractors was not anticipated in the original bid package. He said that the Code provided that staff did not have to necessarily award a bid, they could be thrown out, and that was what was done. Further, he said the Code also provided that staff did not have to go to bid if they felt that going out to bid would be "impracticable, unavailing, or impos- sible. He said staff's position was that to go out to bid again would have been impracticable and unavailing. Mr. Maynor said he suggested to staff that they attempt to renegotiate the contracts with the bidders along the same lines as their bid. He said that staff was able to renegotiate contracts which were better, for a. lower- price, than the original bids. He said he felt comfortable that the bidding process was kept in tact and that the purpose was served. He said that staff was concerned about having. two different rates because it would not be fair to the public because they would not know which was the. lowest. Councilmember Klein asked if other potential bidders who were not part of the negotiations treated fairly. Mr. Maynor said they had an opportunity to bid originally and only two cab companies bid, and that was why they felt that to go out to bid again would serve no useful purpose. MOTION: Councilmember Klein moved, seconded by Fletcher , to approve the staff recommendation. AWARD OF RENEGOTIATED CONTRACTS 1. Mid -Peninsula Cab Company 2. Peninsula Cab Leasing Co. MOTIDH PASSED unanimously, Fazzino absent. REQUEST OF COt;NCILMEMBER �LETCFIER AND FAllIP O RE ARASTRA LAND Vice Mayor Fletcher conveyed that Councilmember Faz ino.felt a sense of urgency to dedicate the Arastra Land. She said that Council had made it very clear that it intended to keep the 438 acres South of Arastradero in open: space when the study of the remaining 77 acres for possible suitablility for housing was com- missioned. Since the Council was committed to keeping the land in open space, she and .Councilmember Fazzino felt it was appro- priate to dedicate . that land as open space and demonstrate to the community that that was what was going to remain. MOTION: Vice Mayor" Fletcher mowed, seconded by Klein, to direct the City Attorney to draft a park Dedication Ordinance for the Arastra Property excluding the 77 acres currently under study, with provision ;,included in dedication ": ordinance transferring density capability of dedicated parcel to 77 acre parcel. Proviso would not require that 77 acre parcel be developed at the higher density, but would permit it. Mayor Henderson asked Mr Maynor if this coilid be done without jeopardizing the City's ability to cluster tomes on the 77 acres: if that was the Council's _decision. 1 1 Mr. Maynor said he thought the most appropriate way to -protect the ability to develop the 77 acres would be to include a- provi- sion in_the dedication ordinance which would specifically mention that Council wished to transfer the density capability to the 77 acre parcel not necessarily that it had to be developed to that density, but at least have the ability and specifically tie that density transfer to the dedication itself of the larger parcel. From a legal standpoint, he said he preferred to see it done in the same ordinance. He said Council, always had the ability later to rezone the 77 acres to a -higher density in the event that a` density transfer was ineffective, but it might be difficult to do as a practical matter. He Said he would recommend the problem be dealt with in :the Park Dedication -Ordinance if that was what Council wished to do. Councilmember Eyerly said that the original assignment to the staff was to study the feasibility of the 77 acres for housing so that the: City could recapture its investment in the property, but further, he said it included _a provision to study other acres within the property that might be . suitable for clustered housing. He did not understand which 77 acres were being spoken to. Vice Mayor Fletcher said that Council's direction to staff changed the original suggestion to specifically exclude all but the 77 acres. She said the 77 acres were north of Arastradero Road. She said the property to which she referred was south of Arastradero Road, Director of Planning and Community Environment, Ken Schreiber, said that was correct. He said Council made that change When the_ consultant contract went through for approval. Larry Faber, 3127 David Avenue, said some citizens were forming a group called The Palo Alto Horsemen's Trail Preservation and they were interested in the property. He said they were hoping to bring to Planning Commission and Council suggestions on what they thought should be d ne with the property. He said he objected to the City was being locked into the 77. acres on the grounds that that would: open up Stanford to develop :right next to it on the Lakeside Properties. He thought the property in the barn- area where the road turned to dirt or ;ravel would be better for the development proposed by Council. He proposed from that road west to .the bottom of the hill be developed .on both sides. He thought there -was sufficient acreage to develop what Council wanted and it would leave the rest of: it as continuous open space .from 280 to the open space preserves above Los Trancos and Montebello Ridge. He said if the dedication were clone' now, the Council would lock themselves oat of that possibility and he thought it was premature. He recommended that since there was a staff study currently, and he presumed_. they would put together a use and map plan for the property, that Council wait until they got that -first so that they, had an idea of how they wanted to ruse that land, for --what, and in what'manner, before they decided. to dedi cate it for anytring, Rose Gray, 1235 Hamilton Avenue, Chapter.. Chair of the LomaTrieta Chapter of the Sierra Club. She said the Loma Prieta Chapter of the Sierra Cl ube had, always 'gone on, record in support of open space protection of the natural environment. Ti)eye viewed the retention of open space and preservation of the natural foothills as. a -necessity not a luxury which mandated careful ,scrutiny. She said the .,potential for trail exktensions and -connections into a regional -trail :system:. in the foothills needed to be emphasized. She said the, Sierra Club requested that the Counci t dedicate the .entire 515 acres of Arastra as open space Parkland. She -said 1 0 7 7 7/20/81 they were aware that the Council had designated consultants to study the possible development of 77 acres of the Arastra land. She said they were concerned about the possible development and had voiced there concerns at the meetings they had had with the consultants. They primarily believed that a planned housing development would set a precedent and invite further urbanization in_ the surrounding property. They felt it would also intercept at foot- hills. They were concerned that the type of dwellings being pro- posed would not substantially affect the housing shortage as they would be priced well out of the reach of lower and middle income families. According to the Livingston/Blaney report, she said it would cost Palo Alto taxpayers less to keep the foothills in their natural state than to develop it and have to provide City services. She said a positive policy toward protection of natural resources was needed because once the foothills were developed, there would be no turning around and no regeneration of land would be possible. They. urged land use control by dedi- cating the 515 acres as open parkland. She said there was poten- tial to earn a greater interest on the investment by conserving the land. Nonette. Hanko, -3172 Emerson Street, thanked Councilmembers Fazzino and Fletcher for placing the matter on the agenda. [n her opinion, the City as a'. -whole received quite a -buy when the previous Council had negotiated the settlement for the property. She felt that the Council could accept Mr . Maynor's recommenda- tion. She said she would like to see at least the_ southern por- tion -dedicated. Councilmember Witherspoon would not support the motion because she did not understand the sense of urgency. She felt the Council was very dedicated to keeping at least the 500 in open space and that the reason for having the study on the 77 acres was because of the pressure from citizens n the community to buy some of the surplus school- sites,, She reminded everyone that the study for possible development ias for an alternative means of raising money. She further reminded the Council that at the time of the controversy of the Arastra . settlement , the public was promised that when the Council .was out of the woods as far as -all of the other lawsuits were oncerned, extensive hearings and extensive public input would be had. Further, she reminded the Council that there was a very -strong element of the community who felt the. City should recoup their money by developing the entire land. She felt there should have more public input. She said she felt the entire Council was all for keeping as much of the land, maybe all of it, in open space and _felt that the new Council would feel the same way. Councilmember Eyer1y was sensitive to Councilmember Witherspoon's comments, but was confused as to what was done by the Council. He asked staff what the Council was to receive from the study. Mr. Schreiber responded that his recollection was that Council had adopted a policy that the 438 acres would be used for open space purposes. It was not dedicated for open space, but a policy was adopted. Further, he said regarding the 77 acre par- cel, the future uses would either be housing, open space, or some combination of those two uses. He said that to that : end, the City entered into a consultant contract which would provide the Commission and Council with detailed evaluation of the site,. alternative developmont possibilities, including a number of dif- ferent ranges of units and types of development, and the economics that -could go with the alternatives ae\far as return to the City. He said the information would come back to Council in 1 0 7 8 7/20/81 preliminary form on August 10 for a joint meeting of the Planning Commission and City Council. That material would be finalized by the consultant and would be subject to hearings by the Commission in September or early fall. The Council would prob- ably have the report by October or early November. Councilmember Cyerly felt it was premature to dedicate property and he preferred to keep the options open. He did not see any Councilmember'doing anything with the expansive property other than open space and also did not see the urgency. Councilmember Renzel said that, although they knew the consultants report would be back, she thought that the entire Council was unanimous in saying it did not wish to develop .the 400 plus acres on the south side of Arastradero Road. She said that the motion basically asked the- attorney to draft an ordinance to return to .the Council along with the consultant's material. She thought it made sense to get- the process under way since everyone wished the major portion of the property dedicated. She -preferred to see the entire property dedicated, but felt it was important to have the results of the study. Councilmember Levy thought everyone basically agreed that the 438 acres would be dedicated for parkland --and it was a -question of moving. forward on what everyone had agreed was a wise course of: action. He said there may have been some community -feeling some time ago, but he sensed no community feeling at present other than the 438 acres should be set aside as parkland and that a good portion of the 77 acres, if not all, should also be dedi cated as parkland. He felt the Council was not doing something out of a sense of urgency, but moving ahead in a logical manner, Councilmember Bechtel agreed with Councilmembers Levy and Renzel. She preferred to see the entire 500 plus acres dedicated and would support the motion as suggested. The only sense of urgency she heard .from the community was to get the park open to the public and accessible. She said it was a fantastically good buy and supported the motion. Mayor Henderson said his only concern originally was that there night be a better piece of property for development on the south side. He had been concerned .that if there was a possibility of up to 51 units of housing, it be put on the most suitable part of the land. He said that the Council had voted not to consider anything except the 77 acres north of Arastradero, and if the remainder of the land was protected and would not be considered for housing, .then he was i.n `favor of dedicating it as soon as possible. Mr. Schreiber commented that in the park dedication process, staff was concerned ab'out protection of a ,potential easement in utility development in the future. He said it might be the most economical and 'aesthetic solution to use part of the 438 acres for utility services, which he. said the Council could discuss further on August 10. Further, he said that a decis4,on to dedicate the land would also be a decision to terminate the - residential use of the house already on the property. He said, that the City cot rently ,rented that house and the Council would then need to . consider whether the house should be destroyed or should the ` house go into some other type of park use. Mayor Henderson commented that the house could be tetai ned for some sort of interpretive center or some type of headquarters 1 0 7 9 7/20/81 for park staff. Councilmember Renzel asked i; the dedication could not be des- cribed as including one habitable house that could continue to be used in that way. She thought the Council could vote exceptions after an ordinance had been adopted and did not understand why in the adoption of the ordinance inclusion of the house as a habit- able dwelling could not be considered. MOTION PASSED by a vote of 6-2, Eyerly and Witherspoon voti,g "no," Fazzino absent. ADJOURNMENT MOTION: Councilmember Klein moved, seconded by Fletcher, adjourn the meeting of July 13.: MOTION PASSED unanimously, Fazzino absent. Adjournment of July 13, 1981 meeting at 8:30 p.m, on July 20, 1981. 8&aL? a.C_ j e e t i r o Mond•y, 1uly 20. 1981 PRESENT: Bechtel, Eyerly, Fletcher, Henderson, Klein, Levy, Renzel, Witherspoon ABSENT: Fazzino ORAL COMMUNICATIONS None SPECIAL ORDERS OF THE DAY RESOLUTION OF THE SANTA ,CLARA COUNTY ASSOCIATION OF PLANNING Mayor Henderson presented the resolution to Mr. Knox. Mr. Knox accepted the resolution and thanked the Council. APPOINTMENT OF TWO PLANNING COMMISSIONERS Mayor Henderson read the names of the. applicants. The applicants were: Virgil R. ,Carter, Patricia P. Cullen, Lawrence P. Faber, Jr., Robert G. Moss. Hal W. Plotkin, Eros M. Resmini, Jbhn R. Shelton, and Helene, S. Wheeler. City Clerk, Ann Tanner, announced the tally for the first position: COUNCILMEMBER Witherspoon Levy Bechtel APPLICANT Carter Cullen Cullen 1 0 8 0 7/20/81 COUNCILMEMBER APPLICANT Henderson Fletcher Klein Renzel Eyerly Cullen Cullen Cullen Cullen Carter Ms. Tanner announced that Ms. Cullen received C votes; Carter received 2; Cullen reappointed. COUNCILMEMBER Levy Witherspoon Bechtel Henderson Fletcher Klein Renzel Eyer ly APPLICANT Wheeler Carter Wheeler Wheeler Wheeler Wheeler Wheeler Car ter Ms, Tanner announced that Ms. Wheeler had 6 votes; Carter received 2 votes; Wheeler reappointed. Mayor Henderson announced that Councilmember Fazzino had telephoned him from Boston and asked him to say that if he were voting he would have cast :cis votes for Cullen and Wheeler. Councilmember Renzel commented that in the interview process, there were a number of highly qualified applicants and also a couple of highly qualified incumbent Planning Commissioners. She hoped that the applicants who .did. go through the process would not be discouraged from doing it again. CONSENT CALENDAR Councilmember Levy removed Item #11, Ehrlich-Rominger Site and Design Review application be removed, Vice Mayor Fletcher removed Item #10, Zone change application of City of Palo Alto for Lucas Lane; Councilmember Eyerly removed Items #7, Grant of Easement to PT&T for Parking Lot N; Item #8, Grant of ' Easement to PT&T for Foothills Park; and Item #12, Resolution calling General Municipal and Special Elections for November 3, 1981. MOTION: Council'inember. Witherspoon moved, seconded by Levy, to approve the zonsent calendar as amended. Referral FEASIBILITY .ANALYSIS DOWNTOWN PARKING STRUCTURE , - REFERRAL TO Council refers this matter _ to the Finance and Public Works Committee. DOWNTOWN RETAIL STUDY Council refers Committee. CONSULTANT SELECTION! - REFERRAL TO 0 8: 1 7/20/81 Action ORDINANCE RE MANUFACTURED HOMES (2nd Readin ORDINANCE 3291 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF:PALO ALTO AMENDING THE ZONING CODE (TITLE 18) OF THE PALO ALTO MUNICIPAL CODE TO PERMIT INSTALLA- TIONS OF MANUFACTURED HOMES ON LOTS ZONED FOR SINGLE- FAMILY DWELLINGS" (1st reading 7/6/81, passed 9-0) ORDINANCE RE 705 SAN ANTONIO ROAD FROM P -C T 0 C-S ,2nd- Read i ORDINANCE 3292 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18,08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 705 SAN ANTONIO FROM P -C TO C -S" (1st reading 7/6/81, Passed 8-0, Renzel absent) PLANNING COMMISSION UNANIMOUSLY RECOMMENDS APPROVAL OF THE APT L 14 ' TO RM. FOR PP PER L ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO THE CLASSIFICATION OF PROPERTY KNOWN AS 185 BRYANT ST FROM RM-1 TO RM-2" `MOTION PASSED-- unanimously, Renzel voting "no," on Item #6, Ordinance re 705 San Antonio- Road from P -C to C -S, Fazzino absent. AGENDA CHANGES ADDITIONS AND DELETIONS Assistant City Manager, June Fleming, advised :.that Item #11, - Application of Ehrlich-Rominger for Site and `Design Review at 3500 Deer ' Creek Road would become Item .15-A; Item 41.0 -..City of Palo Alto Application for Change in Zoning for Lucas Lane would become Item 1.5-B; Itei .#12, Resolution Calling General Municipal Election and Special Elections for.November 3, 1981 would become Item 15-C; Item #7, Grant of Easement • Pacific Telephone - Parking Lot N would become Item 1.5-D; and Item #8, Grant of Ease- ment - Pacific Telephone - Foothills Park would become 1.5-E. Mayor Hender son announced that he had 'a request for a continuance of Item #14, Public Hearing for a `tentative -subdivision may for property_at 350-360 Hawthorne Avenue and 351, 357 Bryant Court. MOTION: Mayor Henderson moved, seconded by Renzel, to bring item #14 forward. 350-360 HAWTHORNE, 351, 357 BRYANT ,.COURT - CONTINUANCE TO MOTION: Mayor Henderson moved, Seconded by Klein, to continue Item #14, Public Hearing for approval of a tentative subdivision map at 350-360 Hawthorne Avenue and 351, 357 Bryant Court, until August 17, 1981. MOTION PASS PUBLIC.. HEARING: PLANNING COMMISSION BY A VOTE OF 5 IN FAVOR, 0 UPPUSEI) I ABS I EN I IUN I'LCUMMENU5 AP RUVAL OF THE APFL1-CATION OF 1 LYTTON AVENU MOTION: Vice Mayor Fletcher moved, seconded by Witherspoon, to approve the Planning Commission recommendation. Councilmember Klein advised that he would not be participating in this Item because his firm represented Mr. Casentini. Counci1member Renzel asked for .clarification that the request only related to 551 Lytton Avenue and not the parcel adjacent. Director of Planning and Community Environment, Ken Schreiber, said that was correct, Councilmember Bechtel said that at the Planning Commission meeting, Mr. Casentini mentioned that he planned to move the existing house to another location, and she wondered if he had a site to which to move the house. Ron Casentini, 380 Escobar, Portola Valley, said they had not found a suitable house for the residence. Counci lmernber Bechtel asked if the house had been advertised for availability. Mr. Casentini said no, he felt that was premature. _ Mayor Henderson declared the public hearing open, and .'eceiving no requests to speak, he declared the public hearing closed. MOTION PASSED by a vote of 7-0-1, Klein abstaining, Fazzino absent.. PUBLIC HEARING: _ PLANNING COMMISSION UNANIMOUSLY RECOMMENDS Mayor Henderson declared. the public hearing open, and receiving no requests to speak, declared the public hearing closed. Counciimember Renzel said she thought staff report made it clear. that the land transfer would reduce the four units that could be built on the site down to three. She thought it would have a positive impact. MOTION: Counci1member Renzel moved, seconded by. Klein, to_. approve the Planning Commission recommendation. Counci`lmnember parcel B. Robert E. Shepard, 728 Forest Avenue, said that the garage was open ended and one could go down the driveway, through the garage and into parcel Bo so that there was access through the garage. He said it was_ a two -car garage, that two" cars could. go on the right side and the left side was maintained as a right-of-way. Witherspoon asked how one would one get access ,to Councilmember Witherspoon asked staff if that satisfied the Fire Department. Mr. Schreiber said that the current configuration of the lots plus the two houses satisfied the Fire Department. He said that if there were an application for another structure in the back, that would -have to be reviewed by the Fire Department. Councilmember Witherspoon asked for clarification that at this time the Council was approving the lot split, but would not promise that the back lot could be developed. Mr. Shepard said that he had no plans to place a building on the back lot. He said if the situation arose, he would have to remove the garage or whatever the City required. - MOTION PASSED unanimously, Fazzino absent. PLANNING COMMISSION BY A VOTE OF 5 IN FAVOR 0 OPPOSED x 8S N IO D RCHITECTURAL REVIEW BOARD, BY A VOTE OF 4 IN V0R, S U; RtC MEi'1D APPRt'VAL, WITH CONDITIONS. OF THE i H 1 - REVIEW OF AN ADDITION II HOWL EEC, R ? D. Councilmember Levy asked about the amount of parking related to the amount of employment. It looked to him that Council was approving an inordinate amount of parking which would give the opportunity for Hewlett Packard to employ substantially more people that they were planning to. He asked for clarification that there were 200 people employed at the facility, and 185 par king stalls. He said the proposal was to add 350 employees, but to add 950 parking stalls. He wondered why it was necessary to approve more than the first stage of parking, which would be 456 Stalls, and not have to go in and approve the potential to build the parking edifice-. Mr . Schreiher advised that. the zoning ordinance required a certain relationship of parking to square footage it was not related -to the proposed use of the site. He said that in this case, the applicant, under the zoning ordinance, was required to show that they would be able to provide all parking_ required by the crdinance. He said they were showing that, and that was the 950 spaces. He said they were not proposing to develop all of those spaces, but were holding over 40O spaces in a reserve. Under the zoning ordinance they were required to show the ability to house the par king spaces if they were ever needed. Councilmember Levy asked if the applicant would have to come bare,k to Council if they wanted to take the parking spaces out - of landscape reserve or could they just do it when they wanted. Mr. Schreiber, said that the decision to take Perking out of land- scape reserve would be made by the Chief Building Official on the basis of identified problems. He said that whatever parking was then developed would have to be reviewed and approved by the ARB n terms of des i gn, landscaping, etc. However, he said that the basic approval of the parking °,:in the Site and Design: provisions of the zoning ordinance would occur' at this time. Councilmember Levy said he would like to be able to hold the approval of the extra 400 plus parking stalls at the Council level and wondered how it could be done. He asked if the :'Council could approve the proposal without the 404 extra parking stalls, or could the Council hold the right to approve the construction of the parking building when necessary. City Attorney, Don Mayor, said the ordinance would have to be looked at. Councilmember Renzel said that on page 2 of the staff report, under building coverage, it said 12.7%, 139,500 square feet, and under purpose on page 1, it said it would be a 233,200 _ square foot addition. She said she thought there was an approximately 15% lot coverage. Mayor Henderson said that was because it was multiple stories. Councilmember Renzel said that under -drainage in the [IR section, on page 5, it said the storm drain lines. appeared to be adequate, but would have to be confirmed by analysis by the applicant's engineers. She asked what would happen if the drain lines were not adequate. Mr. Schreiber said that the solution would have to be worked out with the Public Works Department. It would be the applicant's responsibility to not overload the system. Councilmember Renzel said that .the current problems with the industrial draining into the Barron Park Creek were serious,, that At had caused erosive there, and if the systems capacity were overloaded where it.;emptied into the creeks fore the drainage b.eain there would be 'serious problems. She did riot think anyone wanted to see the creeks in Barron Park cemented in and she wanted to be certain that this was covered because they were getting a negative declaration which suggested that all the impacts had been addressed. Mr. Schreiber said staff's - understanding was that there was likely to be no problem, but confirmation was necessary from the applicant and the Public Works Department. Councilmember Renzel asked if as a standard rule catch basins were required on the parking lot on the storm drainage systems or would that have to be specified. She said there had been prob- lems with oil and chemicals being dumped into storm sewers and she would like . to see that problem taken care of . Joe Ehrlich of Ehrlich-Rominger Architects said that virtually all of the building sites and the parking areas to the left_ was already paved so that the only increase in run off would be the parking area on the left side of the parcel. The significant amount of -increase drainage was minimal. He said the ,parking lots had catch basins which was a matter of policy on the pro- ject. Mr . Maynor; said ..there was: a specific pr ov i s iean in the ordinance ,.in which the Chief Building Official was delegated the ability to make the decision regarding:the extra parking stalls. He said the Council could require that before the Chief Building Official` made the decision,lt in the event the deferred par kl ng were_. neces- sary, that the matter 00 back to Council for further discussion. Mr. Ehrlich said that the parking reserve structure Was a way of complying ., with the - ordinance_ .in order to preserve most" of .'the 1 1 sites along Deer •[reek without any additional parking. He said that the building was a laboratory building and was capital intensive and relatively low occupancy. He said there was no intention on the part of Hewlett Packard to develop the addi- tional parking area. He said it had been designed to comply with the City requirements for a "parking reserve." He said they had no objection to any constraints because there was no intention to add the additional parking. He said the number of people who could fit into the building with the kind of equipment in the laboratory was handled by the 500 p1 us parking shown on the site without the structure. Councilmember Levy asked if there would be any objection to deleting the parking structure from the plans. Mr. Ehrlich said they would be pleased. Councilmember Levy asked staff if it were possible to approve the project with the deletion of the parking structure. Planning Commission Chairman, Fred Nichols, said that the Comi ssi on was concerned with Lots G and H because if the parking structure was no built first, it would be a temptation to move to G & H because it would not require a massive capital investment in a parking structure. Mr. Maynor said that the deferred obligation was an alternative to meeting the parking requirements. He said that in order to reduce the parking requirements, the City would have to grant a variance which would require going through the variance proce- dure, which could not be done at that meeting. He said the deferred parking obligation was a fulfillment of the parking requirements of the Municipal Code. Mr. Ehrlich said they would prefer not to institute a variance procedure on the project. They felt they had complied with the ordinance and stated their intention in terms of the function of the building, and looked to the Council for whatever guidance short of instituting an entire variance application procedure. Councilmember Levy said the purpose of his questions was to attempt to limit the amount of total employment .possible at that facility. He was concerned if there was a great deal more parking, it would be possible to intensify the employment at a Later date even if -there was no intent to do so now. He thought that the best the Council could do at that point, in order to meet that objective, would be to require the zoning administrator to report to the Council prior to the approval of any parking structure on the facility. MOTION: Coun�ci imember Levy moved, seconded by Klein, approval .of the Tanning' Commission recommendation with .:the condition that any expansion of the parking would have ,to come from the Chief Biiilding Official through the City Council for approval before it could become effective. Vice Mayor Fletcher said that the purpose of`�:= i e i ng, the number of parking spaces tothe square -footage was because the- building use. could change and d unless there was " a limit- on the number of employee.3 per square foot, any succeeding occupant of the building might pave over some of the landscape' area which, might not be preferable. Councilmember Renzel asked for clarification that the landscapes reserve would stay in as a requirement and the .amendment made by Councilmember Levy would run: it by the. Council before the reserved spaces could be put into operation, so that it would not diminish any requirements. Mr. Schreiber said it would not diminish any requirements, that it would require the Council be notified as opposed to being put on an agenda for Council approval. Mr. Maynor clarified that the Chief Building Official had been given the authority to make the decision by the Council. He said that if Council wanted to amend that authority, they would have to amend the ordinance. Counciimember Renzel said she was concerned about the scope of the project and the continued intensification of the uses in the industrial parka She said she realized staff worked very hard with the: developer and everyone tried to mitigate the. impacts. She felt that the drainage issue had not been fully addressed, and she would•vote against the motion. Mayor Henderson said if Council wanted ,to stop that sort of thing, they would have to rezone that area. He said they had chosen not to rezone and he did not see how they- could stop development that was within the zoning which existed. Councilmember Eyerly agreed with Mayor 'Henderson and felt it behooved the Council to move along with i t . He would not support the addition made by Councilmember Levy. He felt uncomfortable _with the Council being in an advisory capacity and not being able to take any official action to hold the developer to the Planning Commission's recommendation for parking. He said it sounded. okay, and it miyht come down the way Council wished, but that their hands were somewhat tied. He preferred to leave the Planning Commission recommendation as it was. Mr. Maynor said that Council should note that under the ordi- nance, the Building Official's function was to determine whether there was a need to require the additional parking. If the need was there, presumably he would urge that the deferred parking requirements be met. __ Mayor Henderson said he, felt it was clearly set out in the policies, that the decision was an administrative duty of the Building Official, and he did not feel comfortable having the Council intercede and have it as a special item of advice. Councilmember Renzel said she felt the Council was bypassing the straight environmental impact process by . granting a mitigated negative declaration and that mitigated negative declaration was supposed to=:fully address all identified environmental impacts. S`he did not believe that had been done, and did ' nut think it was possible to do- it without significant amounts of :money. She thought Council must recognize that zoning alone was not the only. constraint on their decision. Mayor Henderson decided to: separate the motion and vote - first on the requirement that the Building ' Official bring any need for expanded parking to the Council- for .comment and advice. AMENDMENT . FAILED by a vote of :.6-2, Renzel and Levy voting "aye," fazzino absent MOTION PASSED to approve Planning Commission _ recommendation by vote of 7-2, Renzel voting "-no,* Fazzl no absent 1 1 1 PLANNING COMMISSION UNANIMOUSLY RECOMMENDS APPROVAL OF THE APPLICATf!N U'P THE CITY OF PALO ALTO FAR 1'c CKA PROPERTY KNOWN AS LUCAS Lit rROM - ILITT TO CC Vice Mayor Fletcher said she would like to leave the option open for the creation of a bikeway along that property. She said it was one of the proposed bikeways in the Comprehensive Plan which run parallel to the Southern Pacific tracks behind all the prop- erties. She asked if legally the City could require an easement or some other method of keeping the land from being built on. City Attorney, Don Maynor, said it was hi s understanding that the application was initiated by the City. He did not think it was appropriate for the City to initiate the zone change and then impose conditions on the property owner. Mr-. Schreiber said the area . known as Lucas Lane., was abandoned by the City in the 195O's, and through a base map error, the Compre- hensive Plan designation was Service Commercial .and Completional Community Commercial, but -the base map used in the. zoning. ordi- nance update in 1978 continued to show a Lucas Lane and. was picked up and put in a Public Facilities category as a roadway. It was brought to staff's attention. some months ago, and they had other situations like it where it was clearly a graphic and staff error which resulted in a designation which was not consistent with the Comprehensive Plan. Staff asked the Planning Commission to initiate the zone change to bring.it into conformance with the Comprehensive Plan. Vice Mayor Fletcher asked ;t that meant there was no way the City could preserve a right--of-way. Mr. Maynor said he did not think so under the circumstances. When the property was developed, it may be a possible condition of the development. He could not see the City Council requesting zoning changes and as a, condition of the change, impose that the property owner give the City an easement. Mayor Henderson asked Vice Mayor Fletcher if the City had ease- ments on, all the other properties. Vice Mayor Fletcher said it had been discussed with Town & Country on an informal basis. She said it connected with an overall plan which was intended to tie up with El Camino Bike Path all the way to Menlo Park on that end, and with a connecting overpass which was planned by Palo Alto High School over._, Embarcadero Road and then tie in with Park. Boulevard all the way through the south end of the City. She said it would be a lost opportunity if the Council made : a gift of it and it was built upon and lost all options. Mayor Henderson asked where it differed from the other proper- ties. If the City wanted to put a bike path or trail through there, they world have; to get easements from Town and Country and everyone else. - Vice Mayor Fletcher said the other properties were riot as yet built upon. It was her understanding from discussions with staff that if the property owner chose, to build on it, there would be nothing the City _'could - do. She wanted to prevent' that from 'happening. .She said since it was On -the agenda, she felt now was the Council's opportunity to make . some provision for leaving it as an easement. She was not sure how to do it legally. Councilmember Witherspoon said that if Vice Mayor Fletcher wanted to assure a bikeway, she felt the best way to do it would be to start putting in easements along the Southern Pacific's right of way rather than trying to :negotiate with individual property owners. Councilmember Renzel suggested that if Vice Mayor Fletcher wanted to pursue it, maybe the item should be continued for one week and Council ask staff to discuss with the applicant whether they would be willing to grant an easement. Then the matter could come back to Council and they would have the information as to whether an easement might be negotiated. MOTION: Vice Mayor Fletcher moved, seconded by Renzel, to continue the matter until July 27, 1981, and staff to explore_ acquiring an easement. Mayor. Henderson -said he felt like he was treating someone different from everyone else. MOTION FAILED by a vote of 4-4 as follows: AYES: Renzel , Klein, Bechtel, Fletcher NOES: Eyer1y, Henderson, Levy, Witherspoon ABSENT: Fazzino MOTION: Counc,i 1men ber Wither spoon . moved, seconded by Klein, to approve the Planning Commission recommendation, and ` introduced the following ordinance for first reading. ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING. MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS LUCAS LANE FROM PF TO CC AND CS" Councilmember Renzel thought it would be worthwhile to have staff explore the possibility of getting an easement. MOTION PASSED unanimously, Fazzino absent. MOTION: Councilmember Renzel moved, seconded by Fletcher, that staff explore with Alta Mesa Cemetery Assocation and Ronald Williams whether an easement might be dedicated to the City for purposes of creating a through bikeway ultimately. Mdyor Henderson asked why the property owners would even think about an easement when : there weren't si mi 1ar steps happening with the other properties. He asked . why. ' they would be open to granting an easement and Town and Country had not nor any of the othe, . He thought i f the Council were' to move on a bike path, they had better seek easements on all the properties. Councilmember Renzel said she_ did not object to staff exploring the` possibility, but did. not + i sh to' make it a major project. She thought that since the City . was dealing, with the people and proper ties now, she thought it made, -sense to explore the possibilities. Mayor Henderson clarified that they were not dealing- with. the property owners. They -were not before the City, that staff :was trying to clear up an error: 1 Mr. Schreiber said he understood there was a question raised of staff by a property owner of what the zoning was of their property which lead to why the PE was there. 1 Councilmember Levy asked if the parcel was about 1/8 of an acre and was divided in half, with Town and Country owning one-half and the other half belonging to someone else. If the City were going to explore an easement for a bike path, one party the City would be dealing with would be Town and Country. MOTION FAILED to explore easements by a vote of 4.4 as follows: AYES: Renzel, Klein, Fletcher, Bechtel NOES: Eyerly, Henderson, Levy, Witherspoon ABSENT: Fazzino RESOLUTION CALLING GENERAL MUNICIPAL AND SPECIAL ELECTIONS FOR 1112111ELL 3' 19431. Councilmember Eyerly asked if the City Clerk could give him an idea of the cost of the sexual orientation .discrimination ordinance. City Clerk, Ann Tanner, said the total election would cost around $25,000, but that they were not certain at this time because it Was too early to know how many agencies would be consolidating with Palo Alto and sharing the costs. She said .there was also a few unknowns in terms of cost of the ballot arguments, printing, etc. She said the entire ordinance had to be printed` on the ballot. She said she would be able to give a better estimate in about three weeks. Councilmember Eyerly said he would like to have the i.nformat on whew it was available so that it would be in the packet for public information. He said that as he read the resolution, it had three parts --one calling ° for the general municipal. election for Councilmembers, another part for the sexual orientation discrimination ordinances and one for a consolidation with other political bodies. He said he would like to vote against second part, and wanted to know if Mayor. Henderson wanted to split it or what. MOTION: Vice Mayor Fletcher, seconded by Renzel, introduced the following resolution and moved its approval. RESOLUTION 5940 entitled "RESOLUTION OF THE COUNCIL OF, THE CITY OF PALO ALTO CALLING ITS GENERAL MUNICIPAL ELECTION FOR THE ELECTION OF COUNCILMEMBERS CALLING A:: SPECIAL ,ELECTION FOR SUBMITTAL OF AN ORDINANCE TO THE VOTERS FOR TUESDAY, NOVEBMER 3, 1981, REQUESTING PAR- TIAL OR COMPLETE CONSOLIDATION WITH ANY OTHER POLITICAL SUBDIVISION HOLDING AM ELECTION IN THE CITY OF PALO ALTO. ON THE SAME DAY AND REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS FOR SAID ELECTION" Councilmember Klein asked whether the -:City was still translating the ballot documents, and if so,; what was its cost. Ms. Tanner said that the law required that the ballot documents be translated : and ;.the translation had to be . available in the office. This would 'cost between $300 and $500. She said that the voters requesting the Spanish translation were identified at, the time _ they regi4tered ° to vote. She said : that in Palo Alto' there were 27 such voters. She said these -+ersans would receive the Spanish translation in the mail, and the sample ballots would 1 0 9 0 7/20/81 state that the information was available for anyone else who wanted to request. it. She said they would not be printing and mailing to all of the 38,000 registered voters a bilingual sample ballot. Councilmember Renzel said that as she recalled previous Council discussion, there was an amendment made that the City Council would be able to amend or repeal the sexual orientation ordinance by majority vote of the Councilmembers. She said she recalled that the motion was that the Council would be able to amend and not repeal the ordinance. She supposed one could amend something until there was nothing left of it, but did not remember that the amendment said "or: repeal this ordinance by a vote of the majority of the Council." She thought it was a dangerous change to the process of having the voters vote on something if Council was going to allow a subsequent .Council by a simple majority to repeal it. AMENDMENT: Counci lmember Renzel moved, seconded by Henderson, to amend Section 9.72.100 of proposed Sexual_ Orientation Ordinance by deleting "or repeal," and add "it can only be repealed by the majority vote of the electorate." Counci lmember Renzel asked Mr. Maynor if the Council could made subsequent amendments to the ordinance so long as the kinds of amendments contemplated were not inconsistent with the what the voters had passed. Mr . Maynor clarified that. Councilrnember Renzel asked if the Council could make new ordinances which would not be inconsistent with this ordinance and not violate the requirements that the ordinance could only : be changed by vote of the people. He said he would have to see what the changes were, that he could not just give a general answer, that it would depend on the nature of the changes. Mayor Henderson said that reason it came up last week was because a citizen had spoken and said that trans-sexuals were not included. Counci lmember Klein felt that Section 9.72.100 of the ordinance should be retained. He did not think it was good governmental procedure to have an ordinance passed by the voters that would require returning to the voters if technical problems were found or problems which clearly required amendments. He said the State level had shown examples of both procedures, i.e. Proposietion 13 contained many inequities which was impossible for legislators to deal with because it was passed in such a manner that would require the vote of the people to make any changes. On the other hand, he said there was the Coastal Conservation Act which spe- cifically had a provision which : would allow the legislature to make needed changes even though it was also passed by a vote of the people. He did not think. the .'City would want to incur the. expense of going to the voters every time there was 'a_ minor prob- 1 em. He trusted future City Councils to act , in accordance with the des ees of the people, and; thought it would ,be a brash City Council that would'use the power granted to amend the ordinance 'in such a manner contrary to the vote of the people. He urged that it be retained. Mayor Henderson said'. he was persuaded by Cauncilnernber Klein argument because it wa's such an emotional ;type-: of ,ordinance He knew there were a lot of people who - would be opposed, to it if it passed. He was concerned that with the type : of emotion present, the .ordinance might .we 1. l get amended and be considerably altered. He decided to vote .against. the -motion, 1 1 1 AMENDMENT FAILED by a vote of 6-2,, Renzel and Bechtel voting "aye," Fazzino absent. AMENDMENT: Couacilmember Renzel moved, that the, words repeal" be deleted, and inserted "vote of two-thirds .of members of the City Council." AMENDMENT FAILED for lack of second. AMENDMENT: Councilmember Renzel moved, seconded by Witherspoon, that the words "or repeal" be deleted under -section 9.72.100. AMENDMENT PASSED unanimously, Fazzino absent. AMENDMENT: Councilmember Renzel moved, seconded by Bechtel, to include "this ordinance can only be repealed upon a majority vote of the electorate." '"0r the AMENDMENT PASSED unanimously, Fazzino absent. MOTION PASSED 1) Calling for General Municipal Election; and 3) Consolidation of Election by a vote of 8-0, Fazzino absent, MOTION PASSED 2) Submittal of Measure S to Electorate by a vote of 6-2, Eyerly and Witherspoon voting "no," Fazzino absent. GRANT OF EASEMENT -PARK rNG - PACIFIC TELEPHONE AND TELEGRAPH COMPANY- - Councilmemher Eyerly asked how much disruption there was in Parking Lot N, how many parking spaces were impacted, and, for what length of time. He also wanted to know why it was necessary for the telephone company to go through the City properties, and where would they go if they .were built up. Real Property Administrator, Jean Diaz, said as he understood the plans, which were reviewed by Public Works, the easement itself did not affect any of the parking stalls. He said it was iri the landscaped area and the curb area between the parking lot and the plaza at the corner. He said. the extent of the work would be trenching to put in the underground facilities and replacing of the surface material which was affected. He said it should not take more than a couple of weeks from when work was begun. Regarding alternate location, 'he said he always, asked that ques- tion and because of the location of the existing telephone lines, it would require that the telephone company go all the way around Emerson and back up to Hamilton and much more extensive trenching and undergrounding project. He said he was of the opinione that if the City planned to .do something with the property i n`e the future, this would mitigate any -adverse' affect that there may be on City property. Councilmember Eyerly agreed and thought it was going to take part of the driveway and the parking. He asked if when a permit was giver` to proceed with the easement, did the City have the right to put parameters as to the time .:of disruption. He said he was concerned because there was so many construction projects that -just went on and on. Mr, Diaz said that ...the actual construction permit was issued by Public Works and that concern could be relayed to them and some. reasonable time frame -could be worked out He said he knew that Pacific Telephone was very anxious to put 'the facility in and were under a great deal of pressure to get it in. 1 0 9 2 7/20/81 MOTION: Councilmember Eye( 1 y moved, seconded by Fletcher, to grant the easement to Pacific Telephone and Telegraph for Parking Lot N. MOTION PASSED unanimously', Fazzino absent. GRANT OF EASEMENT - PACIFIC TELEPHONE AND TELEGRAPH COMPANY FOOTHILLS PARK (CMR:36::1) Councilmember Eyerly asked why it was necessary for the connec- tion to be made from the Foothills Park lines. He thought there were undoubtedly lines available in the Lee property and wanted to know why it was not being taken from something in cloler proximity. Mr. Diaz said that in reviewing the request for the grant of easement, it was clear that any other access for the telephone lines would be very difficult and would have to come around in a much more circuitous route. Further, he said it was his belief that given the conditions, and that it would be totally within the existing road, except for about 12 feet where it tied into the corner of the Hewlett property, and with the standard relocation provisions, there would be no significant adverse effect on the City's use of the park.'. Councilmember Eyerly inquired if it had been specifically asked if it could not be taken .from the Lee proper ty. Leigh Crawford, Mountain View, Engineering Manager for Pacific Telephone, said that the facilities in the Lee property were not adequate presently. She said `there would need to be oui to a bit of reinforcement in order to serve the Hewlett property. Councilmember Eyerly asked how long it Would take to complete. Ms. Crawford said it would go out to bid, and the .bidder would be told how long they would have to start and complete the project, which would be contingent on the City's requirements. MOTION: Councilmember Eyerly moved, seconded by- Wi Cher spoon, to approve the staff recommendation and approve Grant of Easement to Pacific Telephone and Telegraph in Foothills Park. MOTION PASSED unanimously, Fazzino absent. ELECTION MATTERS: uallot ,fir uments for S esial Election November. 3, 1.981; S a recommen analysis orney prepare n imparinn MOTION: Mayor Henderson moved, seconded by Witherspoon, to direct the City Attorney to prepare a impartial., analysis. MOTION PASSED unanimously, Fazzino absent. Councilmember Eyerly said he would life to write. opposed -to the ordinance re sexual orientation. Councilmember : Witherspoon said she would also like to join in .and write an argument opposed =, to : the ,ordinance, and Asked if that .: " would preclude anyone from the public_ also putting their name on an argument. Mayor- Henderson said there could be five signatures total. Councilmember Levy asked for clarification on shether the Council i:ad to authorize individual Councilmembers to write the arguments rather than Councilmembers volunteering to do so. 1 City Clerk, Ann Tanner, said that in the past there had not been a motion from the Council authorizing an individual Councilmember to participate. Council discussion was . held with individuals indicating their desire to participate, and it was presumed that if the rest of the Councilmembers did not object, those indi- viduals would write an argument. City Attorney, Don Maynor, said that the Elections Code specif- ically stated that "any member or members of the legislative body authorized by that body." He said that placing the ordinance on the ballot would authorize Councilmember Eyerly to write an argument against it. Councilmember.Levy asked if the Council authorized other members of the public, and: how did theyend up writing an argument. Ms., Tanner said that in terms pf priority, the City Council as a body had the first priority, and then any member or members of the Council authorized by the Council. She said that - Council - member Eyerly had presumably made his intention public, and unless a motion was_ made asking hire not to, the Council was authorizing Councilmember Eyerly to write the argument. She said there were five signatures allowed, so other Councilmembers or citizens could join his argument. Councilmember Eyerly said it was not his intente necessarily to write the argument, but he was interested in signing the argu- mentF He said that if someone had to be specifically named to write the argument, he would ask that Councilmember Witherspoon write the argument, and that he join her -statement. Mr. Maynor said if a Councilmember was going to file a written argument, then they - would aeed--authorization.; Mayor Henderson did not think, -that was what had been .done in the past because Councilmembers had filed arguments and had not been authorized by.. the e Counc i 1 to do i t . He thought -it i t had al ways been - a volunteer situation. Councilmember Renzel said it seemed to her that part of it may have been when there was not a unanimous Council, or when there were seven members who wished to sign, but there were only five slots for signatures. Mr. Maynor asked if he could . clarify this question and return next week wi th. the answer. Mayor Hendersonasked if there ,were any other Councilmembers who wished to participate in writing an argument. Candidates', Char es for; -General tiunici al Elections. Mayor Henderson said if was the current policy that there would not be any election fees charged. If no action was proposed by Councilmembers, Oat policy would remain. Clustering of ;Precincts/Ballot Rotat im.' Councilmember Rental felt that clustering as outlined,created confusion and considerable extra cost and she agreed with City Clerk Ann Tanrer's recofinendation that this not be .adopted. 1-0 9 4 7/20/81 MOTION: Councilmember Renzel moved, seconded by- Witherspoon, that Council go on record as not being interested in clustering of precincts, and introduced the following resolution. RESOLUTION 5941 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING A DETERMINATION BY LOT OF THE ORDER OF CANDIDATES' NAMES ON THE BALLOT - NOVEMBER 3, 1981 ELECTION" MOTION PASSED unanimously, Fazzino absent. REPORT OF ASSISTANT -_CITY --MANAGER, JUNE FLEMING RE MEDFLY Assistant City Manager, dune Fleming, said staff had received instructions from the Medfly Headquarters that citizens should continue stripping in all areas whether they had been sprayed or not, and that an enforcement program Was encouraged. She said staff had started an enforcement program north of Oregon Expressway because south of Oregon previously did not' have to strip, and that an enforcement -program south of Oregon Expressway would be started at a later date. She said firefighters had been used to this point in enforcement, and that eit had been suce cessfbl . She said that Palo Alto was one of the few cities Who had an enforcement program which had been used vigorously. She said the Medfly people had been very pleased with Palo Alto. Counci lmernber Renzel asked if » the area Heath of Oregon Expressway was going to be sprayed. Ms. Flemming said that there was still a possibility that the area North of Oregon Expressway would be sprayed, but there was no date or time set. Councilmember Bechtel commended the staff for the excellent organization. She said firefighters had gone to her home over the weekend to make an inspection. She said she had heard from a number of citizens who were extremely upset over the conflicting information they had received. She spoke of some people who had been sprayed on a night when they were not supposed to have been. She _wondered if the concern regarding the wee, the program was being runf•,could be transmitted to the state officials. Ms. Fleming said she had spoken with the Medfly headquarters that day after making repeated efforts to contact Jerry Scribner or someone at that level of the program to voice the City's concern. that an enforcement program and the -, str i ppi ng be pursued vigorously. She succeeded in getting through to someone who had promised her that the message would be ear r ied forward. She said staff had received a request from two other cities to meet with Palo Alto to go over the plans Palo Alto had made and to try to share them so' some model of those plans could be put into effect, She said that Larry White, Jerry Lawrence and Geoff Paulsen would be meeting with the re pr esentati ves. tomorr ow. She said she would continue to try and communicate the City's concerns to the Medfly people. Kip Li ppett of Assemblyman Byron Sher's Office' -'said that numerous inquiries to the Medfly people had been made, and that if : the City had any problem getting .:through, they had a back number where:- the information ;could be . received. - He said' .:that - every morning at 7:00 a.m. the :legislative _ offices received a call -from the Medfly Project, and if the City's;` would als`A like,^to receive a call, it could be arranged. KCSS radio -would give a report ,on what areas ,:had been sprayed and what areas would be sprayed. He said Assemblyman Sher was trying to cut through a lot of the messiness of stripping vs. not stripping and other issues involved. He said their best efforts were trying to get through to Mr. Scribner to let him know that there was a confusion. He said he would like to work with the City staff and that Mr. Sher would like to work with the Council and try and deal with the issues. Ms. Fleming said she would be glad to exchange numbers with him because Jerry Scribner had given her a number which supposedly would get through right away. She said the officials had felt they had completed phase one and that the next phase would be commenced. Mayor Henderson said that the local newspaper had an editorial which urged the Mayors to stop being critical of the program, but did not mention the other Councilmembers, so he urged the Councilmembers to continue being critical. ADJOURNMENT Tho meeting adjourned at 10:00 p.m. ATTEST: APPROVED: Mayor 1 0 9 6 7/20/81