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HomeMy WebLinkAbout1979-04-02 City Council Summary MinutesRegular Meeting April 2, 1979 IT Minutes of March 12, 1979 Minutes of March 13, 1979 Adjourned Meetiqg of March 12) Minutes of March 19, 1979 (Continued to 4/9179) Minutes of March 22, 1979 Oral Communications Gladys Stavn, 2222 Oberlin Street Frank Kanfr i, 219 Addison Avenue Carroll O. Fruth, 108 Lois Lane 1. 2. 3. Consent Calendar - Action Items Contract for Search Services (City Manager) Rinconada Pool Renovation - Shell Repair Matadero Creek Flap Gate at West Bayshore Road Joint Powe and Adminis rs Agreement for Criminal Justice Planning tration Project Mobil Funding ity: Transportation Development Act 'Fires" Contrac Evaluation Syst t (Fire inspection4 Reporting and en 325-345 Ramona Street and 304, 315 Emerson Street Change of Classification from i -4 to P -C - Aa endin Section 18.08.040 of PANG (Zoning Map) Ordinance re Offstreet Parking Requirements Election Officers, Precincts, Centel Counting Place for General l6un1cipal Election, May 8, 1979 Designation of City R sentative--Advanced Waste Treatment Plant Public wring: Comprehensive Update Hot Tub/Sauna Establishments --Ord of Chapters 4.52, 4.54, and 4.55 Recess to Executive Session Appointment of City Manager Discus Resolution Noticing Intent to Employ Selection Procedure Contract Re 1 --Mar ers' Compensation 577 4/2179 Plan Annual Review and i nance Amending Portions siontobePublic- City Manager and PAGE 5 '7 9 579 579 579 5 7 9 579 580 580 580 580 580 580 580 5'1 581 581 581 581 581 582 598 598 598 599 Claims Administration 6 0 2 7 ITEM (Continued) PAGE Adoption of California Code of Civil Procedure Section 1094.6 - Establishing Time Limit for Judicial Review of Administrative Decisions Rendered by the City Byron Street - Closure Petition Access to East Palo Alto Industrial Park and Marina Request of Councilmember Clay re Modifying the Ordinance Relating to Use Permits for On -Sale Liquor° Licenses Mayor Carey re Agenda for April 9 and Cancelling April 16 Meeting Executive Session on April 9 Councilmember Fazzino re City -Wide Neighborhood Traffic Study Plan - Referral to Policy and Procedures Committee Oral Communications Adjournment 602 602 605 606 607 b 0 8 608 608 608 578 4/2/79 Regular Meeting April 2, 1979 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in the City Hall councilchamber, Mayor Carey presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher ABSENT: Witherspoon MINUTES OF MARCH l2119� 79 Vice Mayor Henderson asked that on page 543, seventh paragraph, the last part of the second sentence be deleted so that the sentence read instead: "He thought hot tub establishments required no more regulation than a swimming pool or gymnasium, though he was willing to have some regulations since it was a so-called adult activity, though not in the same sense as massage parlors." Councllmernber Brenner asked that on page 549, seventh paragraph, the first sentence read instead: "Ceuncilrmber Brenner said that Council did not particularly approve or disapprove of the business now operating on the property --riding stables and boarding of horses --it had inherited it. Council was considering a private operation. . ." Mayor Carey asked that on page 542 , the sixth paragraph read instead: "Mayor Carey said that the audience could speak to those amendments if a Councilmember so moved. He said that public discussion had already centered around the content of the operator -proposed amendments." MOTION: Counci l: er Fletcher moved, seconded by Carey, that Council approve the minutes of March 12 as corrected. The motion passed on a unanimous voice vote, Councilrreember Witherspoon absent. MINUTES OF ARCH 131_197_9 (Adjourned Meeting of March 12) MOTION: Vice Mayor Henderson moved, seconded by Brenner, that Council approve the one -page minutes of the adjourned meeting of March 12, 1979. The motion passed on a unanimous voice vote, Councilor Witherspoon absent. MINUTES Of MARCH 19,� 1, 7 (Continued to April 9, 1979), Mayor Carey noted that Council hers had just received that evening the minutes of March 19, and had not yet had opportunity to read them, P!O IOP TO CONTINUE: Vice Mayor Henderson moved, seconded by Fazzlno, that Council continue the correction of the Minutes of March 19 to the next scheduled Council meeting. The motion passes on a unanimous voice vote, Councilmember Witherspoon absent. MINUTES Of MARCH 22, 1973 MOTION!: Vice Mayor Henderson moved, seconded by Fletcher, that the one - page minutes for the Executive Session of March 22 be approved by Council. The motion passed on a unanimous voice votedCouncilarember Witherspoon absent. ORAL COMMUNICATIONS 1. Gladys Stavn, 2222 merlin Street, said that she had written Council about. lui r and other rough building supplies being stored at a lot within her eyesight et 1111 College Avg. She asked that the City help rye this eyesore, created b y the owner of the College Avenue lot.-. Her letter is on file at the City Clerk's office. Councilmember Eyerly asked that the building department staff furnish to Councilmembers' packets some information on the matter raised by Ms. Stavn. 2. Frank Manfredi, 219 Addison Avenue, depolored a campaigning device used by a group running for City Council. 3. Carroll D. Fruth, 108 Lois Lane, $aid he had delivered an informational letter to Councilmenbers in which he had given some of his views regarding the Corprehensive Plan annual review. CONSENT CALENDAR Councilme+nber Sher asked that the matter concerning the City's intent to employ a City Manager be removed from the consent calendar. Councilm nber Brenner asked that the items concerning renewal of.the workers' compensation claims administration, and the resolution regarding judicial review of administrative decisions, rendered by the City, by aggrieved parties, be removed from the consent calendar. The following items remained on the consent calendar: Action itws CONTRACT SEARCH SERVICES (City Manager) AGREEMENT Ralph Andersen and Associates RINCONADM POOL RENOVATION Staff recommends that Council away: the bid and authorize the Mayor to execute aconstruction contract with Coastal Coating Company, Inc., in the amount of $15,273.05, for the Rinconada Poc1 Renovation --Shell Repair. TAD RO CREEK FLAP GATE :192:9) Staff recommends that Council find this project is an emergency project under CEQA guidelines, and that Council authorize the Mayor to execute an agreement with Power -Anderson, Inc., in the amount of $8,258.00 for the flap gate installation at Matadero Creek and Sayshore Road. AGREEMENT Power -Anderson, Inc. JOINT PARS AGREEMENT FOR 97:9) Staff rinds that Council approve the resolution authorizing the Mayor to execute the Joint Powers Agreement for Criminal Justice Planning and Administration. The agreement will Wow for equal and direct input from each city regarding the distribution of over $300,000 of grant funding. RESOLUTION 5670 entitled "RESOLUTION Of THE r rTrrC ITT OF PALO ALTO AUTHORIZING THE MAYOR TO EXECUTE A JOINT POWERS AGREEMENT FOR CRIMINAL JUSTICE PLANNING AND ADMINISTRATION." 580 4/2/19 PROJECT MOBILITY: TRANSPORTATION : 9) Staff recornends that Council approve the following resolution requesting that Metropolitan Transportation Commission allocate $76,000 of Article 4.5 Community Transit Service funds to Palo Alto for fiscal 1979-80. RESOLUTION 5671 entitled "RESOLUTION OF THE C INCI[ OF THE CITY OF PALO ALTO AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSP'ORTAT I ON COMHISSION FOR AL LOCA'T I OH OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISC• YEAR 1979-1980." "FIRES" CONTRACT FIRE INSPECTION C : 200: 9 ) Staff mtends that Council authorize the Mayor to execute a contract in the amount of $6,245 to Deither Roth to complete the final design phase of "FIRES:" AGREEMENT Diether Roth 325-345 RAMONA STREET AND 305, 315 EMERSON STREET &.• Torminamirrr--- s. rea n9 ORDINANCE 3111 entitled "ORDINANCE OF THE COUNCIL OF THE CITY Ur PALO ALTO ,MENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 325-315 RAMONA STREET (PARCEL A) ANfl 305, 315 EMERSON STREET (PARCEL B) FROM RN -4 TO P --C." ORDINANCE RE OFFSTREET (1st reaa1ng 3/19 ORDNANCE 3112 entitled "ORDINANCE OF THE COi 1L 0r THE CITY OF PALO ALT! AMENDING SECTION 18.83.030 OF THE PALO ALTO.PUNICIPAL CODE REGARDING OFF-STREET PARKING REQUIREMENTS ELECTION OFFICERS PRECINCTS I�&!At.k3.CD� lgayt5;_��1s RESOLUTION 5673 entitled "RESOLUTION OF THE t ITY V- PA1.O ALTO NAMING ELECTION OFFICERS, D'ESIGNAT!PG PRECINCTS AND CORAL COUNTING PLACE FOR THE GENERAL N.MICIPAL ELECTION TO BE HELD ON MAY 8, 1979." DESIGNATION Of CITY REPRESENTATIVE -- RESOLUTION 5634 entitled "RESOLUTION OF THE tatit-br-TRE-CITY,OF PALO ALTO DESIGNATING STEVE HAYA.SHI CITY REPRESENTATIVE REGARDING IONAL ADVANCED WASTE - USA 581 4/2/79 MOTION: Councilmember Fazzino moved, seconded by Fletcher, that Council adopt the consent calendar. The motion passed on a unanimous voice vote, Councilmember Witherspoon absent. (VERBATIM, with specifics from written documents included) PUBLIC HEARING: COMPREHENSIVE PLAN O4:9) MAYOR CAREY: If you wish to speak on this matter please make out a card and hand it to the City Clerk. A public hexing has been advertised and I now declare the public hearing open. P'ri'or td hearing from anyone who might wish to speak from the public,. Miss Renzel, do you have any comments to make? MISS RENZEL: Yes, Mr. Mayor, the Planning Commission basically made nine changes which inclined updating some of the graphics in the Comprehensive Plan, as you have in the staff report, We then also modified the School and Parks program re the joint city/school district process to decide the use of.specific closed city school sites, including appropriate environmental assessment and citizen participation. Uses of surplus school sites should be compatthle with the surrounding residential community and should preserve community and recreational uses and facilities to the greatest possible extent, We also am rded the plan to incorporate the Baylands Master Plan and we added a resource ,management eie nt which we have been long anxious to do. You have that before you as well - MAYOR CAREY: Thank you. i have two cards from the public --the first from Mary McLean. Mrs. Brenner had indicated earlier she may wish to rake an amendment to the Planning Commission recommendations. I think that in the interest of time, if someone would :move the Planning Commission recommendations and then Mrs. Brenner could move the amendment; the public will then know. the issues before us and can speak to them, rather than having to re -open the public hearing. MOTION: Councilmember Brenner introduced the following Planning Commission recommendations and seconded by Henderson, moved approval of the recommendations and resulting resolution for the review and update of the Palo Alto Comprehensive Plan, as contained in CMR:2O4:9, basic policies and programs as follows: The Planning Commission unanimously recommends adoption of the following amendments to the Palo Alto Comprehensive Plan: a. Housing, page 5, Update housing cost graphic: Change caption to: "The average of the estimated market values of three typical single-family homes in Palo Alto in October, 197B, was $140,000 according to the Northern California Real Estate Report. This figure represents a 230 per cent increase from the April, 1971, figure of $42,4000. b. Transportation, page 24, "Bus Routes in the Palo Alto Area as of January, 1978." Amend to include new and revised routes as shown on amp attached to March 9, 1979, staff report. 582 4/2/79 r• -,-,re"- c c. Schools and Park, page 32, graph of Palo Alto Unified School District Enrollment. Update with 1978-79 enrollment and revised enrollment projections as shown on the graph attached to March 9, 1979, staff report. d. Land Use Plan Map Amend the Map to eliminate Churchill Avenue between Embarcadero Road and Middlefield Road. 3. Housing, page 13, Program 21 and following text. !Modify Program 21 and the following text to: "Program 21: Support the Rental Housing Acquisition Program whereby the Palo Alto Housing Corporation would acquire, rehabilitate if necessary, and operate existing rental =housing primarily for low- and moderate -income persons." "At the Council's request, the Housing Corporation has developed a proposal for a Rental Housing Acquisition Program. This Program would assist in the provision and preservation of low - and moderate -income rental housing in Palo Alto. The Housing Corporation would operate City=wide to -acquire, rehabilitate where necessary, manage, and rent residential properties to provide housing at the lowest possible cost while maintaining a financial self-supporting program," f. Transportation, page 25. Insert before Program 5: "SCCTD has started express bus service for longer distance trips to employment areas. Routes One and Two serve the Stanfordindustrial Industrial Park from western and downtown San Jose. Route Four serves San Antonio/Charleston and the Industrial Park from the Milpitas area.' g. Schools and Park, page 33, Program 1. Modify Program l to: "A joint City -school district process should be developed to decide re -use Of specific closed school sites including appropriate environmental assessment and citizen participation. Uses of surplus school sites should be compatible with the surrounding residential c +nity, and should preserve community and recreational uses and facilities to the greatest possible extent." h. Environmental Resources, page 44. Add, after the first sentence on the page: "In October, 1978, the City Council adopted the Palo Alto 8aylands Master Plan which is also included as part of this Plan." i. Environmental Resources, page 44. Add Resource Management section as attached to the March 9, 1979, report and modified at the March 14 Commission resting. RESOLUTION 5675 entitled "RESOLUTION OF THE COR R. 4 NE CITY OF PALO ALTO AMENDING THE PALO ALTO COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE CITY OF PALO ALTO." 583 4/2/79 MAYOR CAREY: All right. The motion to move the Planning Commission recommendations, seconded by Mr. Henderson --hers. Brenner, you wish to amend? COUNCII.MEMBER BRENNER: Yes. AMENDMENT: (Brenner, seconded by Sher) I move to amend the Resource Management section to the Palo Alto Comprehensive Plan as follows: On page 3, Long -Term Resource Management, program 1, following the words ..,and other power supply sources consistent with City policies," I would like to add the following sentence: "It is the City's policy not to participate Ira any nuclear power generating facility." then, on page 4, fourth paragraph, following the words, "...using proven technologies that are economically and environmentally acceptable," add the following: °'Economic and environmental acceptability must include 1) disposal of toxic waste; 2) adequate liability coverage; 3) environmental cleanup costs. Also, on Page 4, fourth paragraph, delete the last sentence which presently reads: "Nuclear power is expected to be an economical power source again, when the state lifts its moratorium an locating nuclear plants in California." And on page 4, in the last paragraph, delete "...nuclear power," at the end of the first line. I'll speak to this motion at the end of the public hearing." MAYOR CAREY: All right. The motion to amend essentially deals with the nuclear power references in this general plan, simply to delete the support of that power source --I'm summarizing the notion. It's been made by Mrs. Brenner and seconded by Mr% Sher. VICE MAYOR HENDERSON: Well, I've got a couple of amendments too. I don't know if we should put them all out on the table now, or. . . MAYOR CAREY: Let's put them on the floor and if there's a second then we'll open it to the public. VICE MAYOR HENDERSON: One of them is, in maintaining rescurce management section, the first page, in the introduction, fourth paragraph, speaks to (reading) !'Refuse disposal has traditionally included those activities carried on at Palo Alto's Baylands landfill disposal site which is scheduled for closure in 15 to 20 years, . . ." Our decision of the Council was that we would schedule closure of the land -fill disposal site no later than 15 to 20 years. I would delete the word "in," and place the words "no later than..." And that appears one other time on page 2 under "Solid Waste" and the middle of that paragraph it says ...solid landfill is scheduled to close by 1648," and I want to change that to read "...no later than. . . ." C0UNCILM ER SHER: There's no second. I would like to, with your permission, Mr. Mayor, correct the language so that it reflects exactly what it was the Council did. The language of the Council action was ...as soon as possible but no later than 15 to 20 years." MAYOR CAREY: Yes, well, I don't want to debate the motion at this point, I'd rather hear from the public, but the intent of the motion I think is now clear to the public. VICE MAYOR HENDERSON: I need to ask staff about this. I didn't realize they were going to do all this ahead of time. !sit possible. to make ar one -surd change in the Comprehensive Ilan without its having to go through the two steps of pubsii. hearing? I'll tell you hat the ward was. It's:on page 13 of the Comprehensive Plan- under "Housing." 584 4/2/79 Program 18 reads: In new multiple housing developments of ten or more units, n -t more than ten per cent of the units shall be provided at the low market rate for moderate- and low-income families." Now, later on, it describing that, it speaks in terms of a ten per cent moderately priced floor of all developments of ten or more units will provide a broader base et cetera, et cetera. So I think the obvious direction from the Council in approving the Comprehensive Plan was in terms of all new housing development of ten or more units, not just multiple housing. We've had an example near Gunn High School that was an R-1 development in which we had four low- and moderate -income housing units. If it's possible at this point, I would make the correction tonight to eliminate the word !'multiple" and simply have "in -lieu housing development," I need to know whether that kind of a change can be made or do we have to go through the whole double public hearing? MAYOR CAREY: Why don't you put the motion on the floor and we'll debate it. AMENCHENT: Vice Mayor Henderson moved, seconded by Fletcher, "I'll move then, the elimination of the word 'multiple' in Program 18 so that it reads "1n new housing developments of ten or more units MAYOR CAREY: Is there a second? Seconded by Mrs. Fletcher. Anything else, Al? Mr. Clay? COUNCILM CR CLAY: Mr. Mayor I simply ask that we vote on the items that speak to the motion separately .MAYOR CAREY: I'm sure we will. 1 don't intend to have additional notions made after closing of the public hearing. It is my intent at least to get the main sense of the amendments on the floor so that the public, should it choose to do so, might speak to: hose amendments. Then at this time 1 will call on the public; Those of you that wish to speak on the...on item 14 please fill out a card. We do have two --the first is Mary McLean, MARY McLEAN: Mary McLean, 930 Los Robles, Los Altos, I am speaking on behalf of the League of Women Voters of Palo Alto. The League of Women Voters of Palo Alto commends the City staff and Planning Commission on the Resource Management addition to the Comprehensive Plan. We strongly support the inclusion of an energy element.in,the plan. We are particularly pleased to see the following inclusions: 1) The emphasis on conservation, concern for the environment, informational programs ' arld cooperation with surrounding cities; 2) Program 2 (on page 5) addressing rate structure to reflect actual costs while providing lifeline rates; 3) Objectives for developing and implementing programs that favor voluntary over mandatory conservation conservation measures and programs wherever possible, end assuring conservation and new supply measures and programs are cost effective. (See page 3.) The Palo Alto League encourages the adoption and wide distribution in the community of this element in the Comprehensive Plan -ea step toward public education. MAYOR CAREY: Thank you. Herb Borock. HERB BOROCK: Herb Borock, 3401 Ross, (inaudible) because I too want the Council to strike from the resource management plan the items about nuclear power. The only addition that I would make to Mrs. Brenner's motion would be an addition on page 4, after striking out that complete sentence about nuclear power, is to replace it with a sentence that says: "Nuclear power is not a safe power source and should not be used." MAYOR CAREY: Is there anyone else that wishes to speak from the public on Item 14? Yes, sir? If you state your name and address that will suffice. SPEAKER: it nay is Robert Mansfield, 189 Walter Hays Drive, and I wild like to speak in support of Mrs. Brenner's motion that nuclear power be deleted as a power source. 585 4/2/7"9 MAYOR CAREY: Is there anyone else from the public that wishes to speak? Seeing no one, then, I will declare the public heering closed. The matter is now before the Council for action. Mr. Sher COUNCILMEMBER SHER: Mr. Mayor, I assume you will take up each a the suggested amendments to the Planning Commission recorsmendations in order. I seconded Mrs. Brenn er's motion, so I am i nti 'total agreement with what underlies the motion and it is that in adopting this energy element of our Comprehensive Plan we should make it blear that it is City policy not to become involved alith--in an ownership way with a nuclear facility. That question arose in Palo Alto, you may remember, at an earlier time when the Northern California Power Agency to which Palo Alto belongs, was considering the development of power sources and one of the alternatives that was being discussed was Rancho Seco II, an addition to the nuclear facility Clear Sacramento. As F tip went on --I guess the Sacramento municipal utility district was considering the addition and was looking for partners to join in that project. At the time I was uncertain whether the citizens of Palo Alto -even then wanted to become involved with an ownership interest in a nuclear facility. The prime concern I had at the time was the question of the disposal of nuclear waste --the used fuel source, -and at that time; just to refresh your recollection, we had established a citizens' committee to look into the whole question of longterm power source for Palo Alto, and this was one of the questions that we referred to that ,,omnittee. I think there was also a state proposition on the ballot at that time. But, in any event, because of a dispute, I believe, about the City's share in participation in the NCPA develo ent fund we passed this by and we dad not participate in the first phase of this development aspect of NCPA so the question, I guess, be~;.ame moot, but now it does become important in putting this into our Comprehensive Plan to race it clear what the City policy is, and this program that the Planning Commission has approved, states that we should participate with NCPA and other sources of power supply consistent with City policy in developing sources of energy, but I don't believe we have any explicit City policy on this question. It was troublesome before and it is even more troublesome today given the nuclear accident that's been in the news this past wea k . It's my own view that the City of Palo Alto and/or NCPA should not own any share or participate in the development of a nuclear power source; under the circumstances it would be unwise to do so and it Is important in adopting this energy element of the Comprehensive Plan, to make it explicit, and therefore I do support Mrs. 8renner's motion to do just that in Program 1, with the other corrections to the set with regard to nuclear power. MYOR CAREY: P1,. Fazei o. COUNCILMEMBER EAllINO: Well, I didn't expect this item to comae up tonight, Mr. Mayor. I haven't had much time to think about it so I'll offer a couple of comments. I, toot share some of the concerns about nuclear power alternatives. I was in total support of the California legislature's 1976 action to legislate the issue of safety issues related to the building of nuclear plants in California. We are deeply disturbed over the recent California court decision to overturn that decision but in light of . the potentially tragic event in Pennsylvania obviously many questions need to be answered about the safety and ways to solve the problem before I'll be completely satisfied with the nuclear power alternative but I think it would be folly to eliminate the idea completely free our resource management plan simply as a reaction to what happened in Pennsylvania. I'm simply not in a position yet to determine whether my concerns will be resolved within the next five years or so. I support continued efforts to seek alternative sources of power, particularly geothermal and solar. I would urge MCPA and Palo Alto to give particular attention to those sources, but I am not in a position yet to completely and for all time eliminate nuclear power as an alternative source of energy for Palo Alto, so I will oppose the motion. 586 4/2/79 MAYOR CAREY: Mr. Henderson, VICE MAYOR HENDERSON: Very briefly, I was on the Count #1 in 1974 when we set the policy in effect not to participate in the NCPA development fund agreement unless we could participate only in non-nuclear development. We were unable to establish such a separation and thus Palo Alto did not participate in the agreement whichincluded the Rancho Seco II development. So we still have as a policy, and I still agree with that policy. A quick rebuttal to Mr. Fazzino, I don't mean to state that the closing off of all possibilities of nuclear -should be for ever and ever, but at this point in our history 1 could not support the City's financial involvement in any nuclear project. In my mind it's far from safe and I don't believe that that's the proper way for us to be spending the City's resources. So I will contlnue.to support the policy that was set in 1974 and still exists. MAYOR CAREY: Well, you say that's policy but I believe the motion to amend is to delete words that already existed --is that right? VICE MAYOR HENDERSON: No, this is a new resource management section that puts some things in that are not now policy. MAYOR CAREY: Mr. Eyerly. COUNCILMEMBER EYERLY: On the floor we have the first amendment that's on pages- Program 1, is that right? it reads: "It is the City policy not to participate in any nuclear power generating facility. MAYOR CAREY: That, and the other portions of the aseendme t. COLNCILMEMSER EYEKY: Well, the first portion --I rust say that our bac up source of power is PIKE and if we do have a shortage of power, and we're not successful in NCPA's development in hydroelectric or geott ereal power we have a contact with PG&E to provide power. Now it's entirely possible that if that happens that some of the mix that they will be providing us will be nuclear power. It's impossible to separate that power from hydroelectric to geothermal to nuclear. May 1 move'an_amendment to the amendment? MYOR C);REY: It's possible one time, Fred, COUNCILMEMBER EYERLY: 1'11 try this one time so that that sentence will read: AMENDMENT TO AMENDMENT: "It is the City policy not to participate in 'the development of any nuclear power generating facility.' Now, in essence, that says we will not put our money or our effort toward developing any nuclear power, but it will not cut Pis off from the supply PG&E's mix might include in its power over which we have no control. MAYOR CAREY: Is there a second to the Eyerly amendment? SECOND TO AMENDMENT TO AMENDMENT: COUNCILMEMBER BRENNER: I'll second that Fred: because that's the intent. I do not wish to speak to PG&E specifically, but that is the intent. The intent is that the City of Palo Alto is not in a position to spend one penny developing nuclear power. COUNCILMEMBER EYERLY: Well, 1 appreciate your saying that because I think it makes i t read so that we can live with the amendment, and not cut us off from some supply of power. COUNCILMEMBER BRENNER: That is the intent. 587 4/2/79 rAYOR• CAREY: Mr. Clay. COUNCILMEMBER CLAY: May I share thg concerns of everybody with regard to the hazards associated with nuclear power plant development and we're all of course aware of what's happened at Harrisburg. I think as a result of that everybody is going to be very careful about proceeding or participating in nuclear power plant development. I'm pot surprised that after a tragedy such as this there comes an abundance of proposed legislation I think that's more the character of the policy. But I think we've got to be careful --I would urge each of you, and legislators who would attempt to propose legislating against nuclear power develop_ went, to not make an emotional response --I think we may very well act precipitously by stating our position against, in this case, nuclear development, without eetermining what was really the cause of the Harrisburg accident. So we are not now about to engage in nuclear power plant develo ent. There's no such proposal before us, therefore there is no need for us at this time to concern ourselves with such activity. We should surely not bind future councils. When and if such proposals got to a Palo Alto City Council, that is us or any future Council, we will then have an opportunity to respond to that and at that time we will have a great deal more information than we have at the moment. I will therefore oppose the amendment to the striking or having Palo Alto decline participation in nuclear power development, COUNCILMEMBER FLETCHER: I for one, and I know many other people in Palo Alto have considerable concern regarding safety a<nd the manner of disposal of nuclear wastes, and long before last week we've all had enough exposure to the various arguments, but I don't think that's reacting emotionally. The Comprehensive Plan is amendable every year and if in future time a Council decides that the nuclear industry has Jumped all the hurdles and managed to create a safe and effective power source then future Councils can amend the Comprehensive Plan again. I think the motion is very much in order. MAYOR CAREY: Mr. Schreiber. KEN SCHREIBER: I'd like to not speak to the substance of the amendment but to the format of the Plan. The proposed modification to Program 1 on. page 3, would, I believe be more appropriate, if ft's approved, to be placed among the strategies, at the bottom of that page and at the top of page 4. The program is not designed to speak to specific power sources and supplies but the strategies do tend to get into that. MAYOR CAREY: All right; That suggestion by staff would have to be in the form of a motion. Mr. Henderson. VICE MAYOR HENDER : Well, responding very quickly I think that is appropriate as 1 read the program as a general statement and I would hope to make a motion putting that as a sixth item in the list of strategies, and also I go along with Fred's direction there concerning the PG&E power, and putting the words "...not participate in any development of..." but also I would like to add the word '...in the development of or capital investment in nuclear power generating facility." so we could be asked to get a partial investment or ownership If you will in existing plant, and I think that that's what we're talking about, is not getting involved ourselves 1n a capital manner in investing. If we'd add those words I think it timid make it clear, MAYOR CAREY: Is that agreeable, Mr. Eyer l y? COONCILMEMBER EYERLY: Will you repeat what he said? 588 4/2/79 VICE MAYOR HENDERSON: Yes, that sentence would now read : "It is the City Policy not to participate in development of or capital investment In any nuclear power generating facilities." COUNCILMEMBER EYERLY: Well, I hope that everyone will vote for the amendment and the way you have the amendment to -the an ndment. MAYOR CAREY: Well, we can't make an amendment to an amendment unless you consent to a... COUNCILMEMBER EYERLY: No, I know it, I'm saying I hope everyone will vote for the amendment, cause I Mink it's important to get that structured, then I think that I want some core discussion on the orijinal amendment, but I'd like us to conclude this amendment to the amendment and what Alan has suggested is fine with me. Put that in the amendment to the amendment. MAYOR CAREY: All right. Is that acceptable to the second? Mrs. Brenner? Is that acceptable to you? COUNCILMEMBER BRENNER: Fine. ;imf& CARE',: All right, then the Eyerly motion to amend the motion to amend would read "It is the City policy net to participate in the development of or capital investment in any nuclear power generating facility." That is the now re -stated Eyerly amendment. Mes. Brenner. COUNCILMEMBER BRENNER: Now we're discussing the amenirm1ent? I want to discuss the whole motion. MAYOR CAREY: All right. I sense a consensus on the Eyerly motion to amend. Let's vote on that and then we can go back to the Brenner amendment. AMENDMENT TO AMENDMENT PASSED: All right, the motion to amend the Brenner amendment has now passed unanimously, Councilmember Witherspoon absent, I'm sorry, the Eyerly amended amendment has now passed. We now have the Brenner motion to amend, as amende4. Mrs. Brenner, now you wanted to speak to that main motion, is that correct? COUNCILMEMBER BRENNER: Yes. In response to the statement that we have no proposal before us. First of all, the proposal which we have before us is a proposal winch sets City policy. It is to be part of our Comprehensive CORRECTED Plan in policy. We are now in policy. The amendment to the policy, as SEE PAGE recommended by the Planning Ca ission, sets a pattern which can be Sig. chsnged,after public review and by the Council, should conditions warrant. So it's simply a matter of that I feel we should have a policy, 1 feel that if there is any change it'll come back to us. As far as 'chat part of the motion, and I think each of you has a copy of the motion, I sent them down the way, page 4, fourth paragraph, where it's aged,►"Eco €ic and environmental acceptability must include..." I went to call your attention to the fact that that, then, refers to all kinds of power --all kinds of power should be responsible for the disposal of toxic waste, and for liability coverage and for environmental cleanup costs. This is the one certainly that is at the forefront right now. I feel that that, generally must be considered when we talk about cheap power. MAYOR CAREY: Is the suggestion of Mr. Schreiber acceptable as to the placement of this? COUNCIL -MEMBER BRENNER: Yes, I think it is, I would suggest that it come at the top of page 4, because in a sense it does relate to the NCPA. 589 4/2/79 MAYOR CAREY: Well, are you agreeing it could be one of the six points? COUNCILMEMBER BRENNER: I'm saying it cats be one of the six and I'm suggesting that it be the second, Mayor Carey: All right. These, of course, don't have any obvious order of priorities so,. -first of all let me ask, is that acceptable to the second? To be placed on page 4 prior to ".,.free to participate in"? Is it acceptable to the second to be placed on page 4? COUNCILMEMBER SHER: Yes, that's fine. MAYOR CAREY: I would not want to infer that if the others pass that the other dots are therefore ranked in lesser order, With: that understanding I'll support the motion as amended. T think that the...the motion essentially has three parts as I see it. A present intention not to be involved in the development or invest in the development of nuclear power; I think under the circumstances today that that present intention ought to be stated, that is not to say it cannot be changed later...in fact may well be changed later. I guess I would parenthetically add that I am continually disturbed by the injection into political issues of the goal of zero risk to society. That kind of a goal I think gets.us into more trouble than it gets us out of; and I state that absolutely that's an impossible goal for us to attain, nor is it one to, strive for all the time. But given that I think the statement of current policy is appropriate at this time. Second, as I understand the motion, part of -it will put conditions to development concerning economic environmental acceptability. We've always had those; in a sense we're restating it in clear language as a known policy. Finally, the deletion of the paragraph that nuclear power is expected to be economical, under the circumstances is subject to some question at this time, and therefore until we know the answer I think it's reasonable to delete it from the general plan: And so I now support the motion. Mr. Sher. COUNCILMEMBER SHER: Briefly I just ianted to respond to Mr. Clay's remarks that suggest that this is an emotional reaction in view of this week's events when no nuclear project is before us. That is inaccurate, in my view. What we do have before us is a new energy element for the Comprehensive Plan. It's a statement referring to nuclear power, and makes it explicit that this is one of the sources that we would be considering, This is not a new issue, as I suggested earlier, for Palo Alto. It's core up with the question of participation in the Northern California Power Agency and the participation of that organization with Rancho Seco II and the City's ownership of a share of that in the NCPA development fund. So I think that as it was presented to us, it's.. misleading.about what the Council's obvious view is now from the comments about willingness to consider that at this tisie for an ownership interest. I think Mr. Eyerly's ant which we passed is perfectly appropriate because that addresses a backup power supply from a public utility that gets some of its energy from nuclear sources.' But as far as the City's participation I think it's important to make that clear and I just don't went the impression to be left that this was something that hasn't came up before; that it's a gratuitous gesture on our part for an item that's not before the Council. It is before the Council because the energy element of our Plan 1s now before the Council and it contains this reference to nuclear energy. MAYOR CAREY: Mr. Eyerly. COLNC I LI €MBER EYERLY : The amendment that we have now, there's two parts to it as I see it: The first part is the suggestion by staff ane accepted by Mrs. Brenner to go into the five key items at the bottom of page 3 and page 4. The second part concerns the economic and environmental 590 4/2/79 acceptability, must include 1, 2, 3, disposal of toxic wastes et cetera which Mrs. Brenner put in the middle of that fourth paragraph. So when we vote on these I'd like to have them separated. I can accept the second part. MAYOR CAREY: There are really fogr parts, Fred: econog1c conditions, which would be page 4; deletion of the economical powerwsourte sentence, and the fourth would be nuclear powein COUNCILME1' ER EYERLY: All right. I'd like to have them separated. MAYOR CAREY: We'll vote on them separately. COVNCILMEMBER EYERLY: The second one, I can support because I think that is true for any type of power source that we have. I could support the first one if it were put someplace else and reworked a bit, but it's hard to put it mixed in with the other item there, such as "...continue to participate in i4CPA member development fund agreement', because you're at odds with yourself. If you put in a statement right in there that says that y u will not participate in the development of .a nuclear power generating facility and the reason you're at odds with it is that if you do join the development fund you don't have the power unless you have the votes; to prevent that. So that it's entirely possible in the power sources in the future that we might find ourselves in conflicting statements; we're in the development fund, we want to have a source for power, but we don't like nuclear power, but there couldn't be any way for us to prevent that unless we had the votes for !tie!: not to go in that direction. At this time :here's no money, there's no information, there's no desire to go for nuclear development within the development fund. So I think the way the staff has this worked out originally in that it doesn't speak to that but it sets nuclear power aside, it doesn't say we're going to pursue it, it's there, it might be usable sometime, it certainly isn't today with the problems that we have with it, but sometime in the future well might be, and I think that the eey those last two items on Frances's amen ment are worded there I could live with what the staff has said, maybe dropped down into the bottom of that first paragraph after those points where it is suggested that she put i down in below there someplace* say "It is the policy of Palo Alto at this time not to participate in the development of nuclear power, capitalization," et cetera and take it away fro the area up above which is actually at cross purposes with it, so I'm going to oppose the first part of her amendment, rimer ones and if it is defeated I'll move an amendmeet that will put this down lower in that paragraph where it would make sense. On the second point I'll support it, and on the third and fourth points, I will oppose them because I don't think the way the staff has worked this up that it says that we're off and running with nuc i ear power. COUWCILMEMBER CLAY: I'm sorry that we've spent so much time on this issue Welch is a non -issue based on the probability of the City of Palo Alto in the future investing .in and being involved in nuclear power plant development. I object to our wasting time discussing an issue which obviously has more significance to someone than the subject of nuclear power. I had the opportunity to 1 i s ten to Council a couple of weeks ago, and I was dismayed at how much time we waste with nitpicking kind of things. I'm still going to vote against the amendment for the reason th t it is not necessary or timely that we have such a statement in our Comprehensive Plan. MAYOR CAREY: Mors. Brenner. O3UNCIl.lEER RRENNER: I' i 1 pass. S9 I. 4/2/79 MAYOR CAREY: I'd like to ask staff one more time, Mr. Schreiber particularly, on the Eyerly comment of the appropriateness of adding this as a dot; the introductory paragraph states that it is important for the City to obtain supplementary power resources,'and key strategies to carry this out are: and then we go into the dots and it would seem somewhat illogical to, In our attempt to obtain supplementary power sources, in indicating strategies, the elimination of one. So that could be a separate paragraph, which ... NAPHTALI KNOX: The problem with the statement Mr. Mayor is that it just doesn't fit the format. MAYOR CAREY: That's right. It seems to me that after the key strategy points as a separate paragraph, after the -six dots, is the statement that the City policy is not to participate in development of nuclear power generating facilities. Seems to me that would -make sense. COUNCILMEMBER BRENNER: That would be acceptable. 1 wouldn't want the sentence changed. MAYOR CAREY: No, that's not my suggestion, it's just that I thick... that it's not a key strategy to obtain alternate or supplemental power sources to eliminate a potential source, and therefore it ought to follow the key strategies, as a kind of calling out or caveat of a strategy to obtain additional sources. So my uggesticn would be that it perhaps ought to come as a separately stated paragraph on page 4 after the indented paragraphs, the dot paragraphs, which are the key strategy points: COUNCILMEMBER BRENNER: Just that one sentence? MAYOR CAREY: Yes, the paragraph which follows. Does that make more sense? COUNCILMEMBER BRENNER: The main thing is that it be stated as a City policy. MAYOR CAREY. Right. COUNCILMEMBER BRENNER: And that it cannot be changed without cooing back to Council. . . . MAYOR CAREY: Yes, it's just a matter of placement. Is that acceptable to the second? COUNCILMEMBER SHER: Well, as the second to that motion I agreed to the placement as now suggested. It is important because of the porgram saying "It shall be consistent with City policy..." to state the policy somewhere. I don't think it makes much difference where it's stated as long as the forgo of the words is retained. I do thir+k that Mr. Eyerly, in suggesting you might have inconsistent policies here, NCPA wanted to participate in a nuclear facility, and that the City, as a member of NCPA, to participate, I would say that that's correct. and I would hope the minutes would show --at least this is my view --that that would be inconsistent with the City policy now reflected, if Ws passes, in the Comprehensive Plan. MAYOR CAREY: That's one Counc i 1 aaember's statement. that is not the motion on the floor should the motion pass. It's clear in my mind that whether or not the motion passes, if the day comes when MCPA has an opportunity to participate in the development of nuclear power, mover the City policy is, either for or against, that issue will be re -debated, and I'm sure long and hard with a lot of public hearings. So I think Mr. Clay's point is well taken; whatever we do tonight is really not going to have arty long range effect because when the opportunity comes up it's going to be riedebated. My only .point is that es a matter of putting it in .the text it ought to be in the strategy portion. 5 9 2 4/2/79 COUNCILMEMBER SHER: I disagree r:ith the statement that what we adopt in our Comprehensive Plan is nitpicking and doesn't have any effect. I think it's the wrong approach to take ip 6dopting policies. I think it's possible that NCPA might, in later years, vote participation in a nuclear facility, and I agree with you that if they da that would come back to this Council for debate, but if it were debated here we would start with the position that we had a policy that's in our Comprehensive Plan against participation in a nuclear facility, and that Policy would have to be changed in order to participate with a proposal by NCPA or anybody else for investment in a nuclear facility. So I view the statements in the Comprehensive Plan as being a starting point and therefore important. MAYOR CAREY: M 1 right. It's not my intent for Council to continue to debate and redebate issues. Now my question, Mr. Sher, was that as the seconder to the motion is it acceptable as it is with the maker of the motion to have this separately stated as a paragraph following the five key strategy points at the top of page 4? COUNCILMEMBER SHER: Yes, that's acceptable, MAYOR CAREY: All right, then the motion, and we're going to vote on them separately, Al, did you want to speak? VICE MAYOR HENDERS[ : Let me just put in one sentence. 1 happen to agree with Byron as saying that I think there's still a contradiction so I just want to second his statement. We can't just put in the words "...participate in NCPA development agreement period". This has happened before in 1974 when they undertook a nuclear project. So I at least want tc express myself that we are not to go along with the participation if it involves a nuclear project. I'm not sure if we can get out of it but the particular agreement will still come to us and I think we can debate it then. MAYOR CAREY: I agree. Are we ready to vote? Let's take the amendments separately. The first part will be the addition of a paragraph on page 4 following the strategy points which will say that "It is the City's policy not to participate in the development of or the capital investment in any nuclear power generating facilities." Let's vote, AMENDMENT PASSED: The amendment passed on thefollowing vote: AYES: Brenner, Carey, Eyerly, Fletcher, Henderson, Sher NOES: Clay, Fazxino ABSENT: Witherspoon HAM CAREY: Next we have the proposed amendment to page 4, fourth paragraph, which would add "Economic and Environmental acceptability must include: 1. Disposal of toxic wastes; 2. Adequate liability coverage, 3. Environmental clean-up costs. Let's vote on that. AMENDMENT PASSED: The amendment passed on a unanimous vote, Councilmember Witherspoon absent. MAYOR CAREY: Third we have the proposed amendment to page 4$ fourth paragraph, the deletion of the sentence reading 'Nuclear power is expected. to be en economical power source again when the State lifts its moratorium on locating nuclear plants in California." Let's vote on that. COUNCILMEMBER EYERLY: I hate to take up any more time on this but 1 -1;hink that maybe that sentence in Frances's amendment could be re -worked with the realization that it may at some later date be an economical 593 4/2/79 1 1 power source and take out part of that. You know it is a power source, Frances, and it's something that we may want to look at sometime in the future when it is safe and when there are no problems, when the state lifts the moratorium, et cetera, and I hate td cut that off entirely. COUNCILMEMBER BRENNER: I would suggest that when that time comes we can add it. As itis it's incorrect. COUNCILMEMBER EYERLY: I agree the way it's written it's incorrect and what I'd like to see is it corrected, and showing that it might be at some later date be an economical poorer source that could be considered. Sc I'm going to vote against it: with the hopes of having enough support to defeat your amendment so that we can re=word that properly. MAYOR CAREY: Gary. COUNCILMEMBER FAllINO: I was going to propose an amendment but at this point it's really not worth it. I'd just as soon go ahead and vote. MAYOR CAREY: Ellen. COONCILMEMBER Fl ETCHER: I just want to people in the field have considered the economical. At this point putting that incorrect; we don't have any proof that mention that inany knowledgeable question is nuclear power actually Into the Comprehensive Plan is it is correct, MAYOR CAREY: Well, see, now that causes me to make a statement. I'm going to vote for it, and you almost talked me out of it. I do not believe that the power companies have determined or are about to determine that it's uneconomical. There could well be experts who say it is; there are just as many experts that say it's not, and then there's the debate about "Take it out because experts say it's not economical," and that's not the basis upon which I would support the motion. But that is an issue and the only basis upon which I'm going to vote for the motion to eliminate it is that I don't, as I sit here tonight, know that it is expected to be an economical power source; but that is not to be construed as my suggestion that it will not be an economical source, and Ellen, that's what you seem to say, and you can vote for it if you believe that, but I'm going to vote for it simply because I don't know yet, and I'm not making any suppositions, so having said that can we vote on this one Let's vote. AMENDMENT PASSED: The aunt deleting the sentence on Page 4 passed on the following vote: AYES: Bremer,. Carey, Fletcher, Henderson, Sher NOES: Clays Eyerly, Fazzino ABSENT: Witherspoon MAYOR CAREY: Now we have the last part of the Brenner motion to amend, the deletion of the words "nuclear power' on page 4 at the end of the first line. I have no lights se we'll vote on that. AMENDMENT PASSED: The amendment deleting the words "nuclear power" passed on the following vote: AYES: Brenner, Carey, Fletcher, Henderson, Sher NOES: Clays Eyerly, Fazzina ABSENT:: Witherspoon 594 412/79. MAYOR CAREY: If the City Clerk has not got ail this down I have it here in written form, Ann. Now, we nave the Henderson motion to amend and as I recall, Al, it had to dc. with the landfill section --you wanted to modify the closure dates to read no later than 20 years. Let's take that one first cause we may get some discussion. VICE MAYOR HENDERSON: Amendment, seconded by Sher: I would like to reword that to take out the word *in" in that fourth paragraph in the introduction that says "scheduled for closure in 15 td 20'years," and change it to "...is scheduled for closure as soon as possible, no later than 15 to 20 years." rhat's the; present policy, and that would also be the same on page 2 --Byron has already seconded that. MAYOR CAREY: We have a motion and two seconds. Is there any discussion? VICE MAYOR HENDERSON: I hope we can vote in three seconds. MAYOR CAREY: All right. I have no lights. AMENDMENT PASSED: All those in favor signify by saying "aye." All those opposed? The motion carries on a 7-1 vote, Clay voting "no." Councilmember Witherspoon absent. Anyone wishing a roll call can call for Next we have a motion to amend by Mr. Henderson with respect to ten or more units in the low- to moderate -income section, essentially that that not be limited to multiple housing dwellings, but apply to all housing development of ten units or more. VICE MAYOR HENDERSON: I would prefer that Mr. Schreiber tell us whether we can even do that tonight. KEN SCHREIBER: A change in the plan such as this should go through an environmental review and Planning Commission action. If Council is so disposed it could be referred to the Planning Commission and taken up on April 25 when we have another pending plan amendment. VICE MAYOR HENDERSON: Well, technically that needs to be done so I would move: MOTION: Vice Mayor Henderson moved, seconded by Fazzino, that consideration of the removal of the word "multiple" from Program 18 be referred to the Planning Comission. MAYOR CAREY: All right. Any discussion? I'm going to oppose the notion 'cause I feel that you are --well, maybe the Planning Omission wants to look at it but in my opinion the ten per cent requirement, while workable with multi -family developments, is, in all probability, unworkable attached on one development, it's an entirely different development process, and, further, at least now, I know of no undeveloped R-1 piece of property that would hold ten or.snore units, so it's academic. VICE MAYOR HENDERSON: Well, first of all, it has been done and it was economic and it was a very good thing, this Baker development, and second, I have no idea what may happen to the many school sites but there certainly is plenty of land available and many people would clamor for development for R-1, so I would just like to have that spelled out at this time. MAYOR CAREY: Okay, Well, I'm sure your motion's going to pass, anyway, so let's vote then on the Henderson motion to refer. 595 4/2/79 CORRECTED SEE PAGE 619. 1 1 CORRECTED SEE PAGE 619. MOTION TO REFER PASSED: The motion to refer consideration of the removal of the word "multiple" from Program 18 to the Planning Commission passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Sher NOES: Carey, Clay, Eyerly ABSENT: Witherspoon MAYOR CAREY: Now, do we have any motions to amend? Mrs. Fletcher. COUNCILMEMBER FLETCHER: I question some of the timing and the implementation and on page 9, number 35, after 6, the programs for development of a through -bicycle boulevard is put off until 1983 because it was removed from the capital improvements program; there are other sources of funds and.I wouldn't categorically put it that far away. I think I'd rather move it up to 1981 from 1983, and I think the same would go for the other programs, under 36. MAYOR CAREY: You want to move that the dates be changed 1981 as opposed to after 1983? AMENDMENT:* The motion then, is to move the dates up to '8l-'83, as opposed to after '83, is that right? Seconded by Mrs. Brenner. Is there any discussion? Let's vote. Fred. COUNCILMEMBER EYERLY: I'm sympathetic to what Ellen says in trying to move those programs up but this implementation plan, as I understand it, is tied to capital improvements as far as funding and is not tied to the possibility of grants, and if we move it up it may well give us a problem on finding the money or we may have a lot of pressure and if we don't have the grants ..What I'd rather see, Ellen;'would be that instead of trying to move it up like that you go out and find grants and bring them to us. If you can do that I'm sure I can support even earlier than 1981 or 1983, but I think we're depending upon the availability of money and that's the staff's judgment as to when we might be able to do it. So I don't want to tinker with it unless you come up with some grants. COUNCILMEMBER FLETCHER: I think the process is usually the other way around; if we don't cone up with grants then when we review the br get we then put it in a later category because I don't think the staff is about to go out and look for grants if the program is scheduled for 1983 I don't think it's going to take the initiative and look for a grant before that time. 1 think I'd rather handle it the other way around. MYOR CAREY: All right. Any other discussion? Let's vote. AMT PASSED: That passes on a 7-1 vote, Eyerly opposed. Witherspoon absent. Any other amendments? ents? Al. VICE MAYOR HENDERSON : I'd like to comment on a memo that cam to us from EMily-Renzel from the Planning Commission dated March 30, Where the Planning Commission unanimously forwarded the following co ants : On March 14, the Planning Commission reviewed the February 9, 1979 staff report on live Plan I . * ieae:ntat1on and unanimously forwards the fol ng c€ en ss over -reen absent) 1. The Corission is concerned that a $50,000 per year expenditure for trails was eliminated from the CIP. This investment in trails could result in significant reductions in eur overall energy use. 596 4/7179 2. The Commission believes that in determining budget priorities, emphasis should be placed on the Open Space Element since the loss of'open spaces is almost always permanent. 3. The Commission recommends that, under Environmental Resources Program 8, "Control Access to environmentally sensitive public areas in the baylands and foothills", the Council provide some modest interim control of access to the Flood Basin until the Santa Clara Valley Water District provides. that control as part of their levee project. 4. In conjunction with trails funding and Flood Basin access control, the Commission would like to bring to the Council's attention that there are State funds available for a Bay Front Trail and the area along -the -Flom Basis would be an ideal spot to use our C1P funds to complement the State - funded trail. I just want to be on record as accepting these comments. They are the kinds of items that basically would be discussed at the budget hearings so I would just acknowledge that I don't think we have to take any formal action, but this information would be included as input in the budget discussions, and of course the Planning Commission will review the capital improvements. MAYOR CAREY: All right, Any other motions to amend? If not. , .Frances? COUNCILMEI4BER BREhNER: I just briefly want to say that we've gone off on one tangent and 1 think that the Planning Commiesion and the staff have done a very good job on the Resource (4oagereot section and I just wanted to expressappreciation that this '+comes .ta -us at this time. I'll be so glad to see it in the Comprehensive Plan. MAYOR CAREY: All right. We have before us the nation to approve the recommendations of the Planning Commission with the following changes which I'll paraphrase, the first being called the Brenner motion with respect to nuclear energy sources; the second the Henderson amendment with respect to the dui closure period; the third which is a referral motion by Mr. Henderson back to the Planning Commission on low- and moderate -income housing requirements of ten or more units; the fourth the motion by Ellen Fletcher with respect to the target dates for a bicycle boulevard program. I believe those are ;the motions to amend, which passed, so if I've accurately stated that let's vote, then, on the main motion. MOTION AS AMENDED PASSED: The motion as amended passed and the resolution was adopted on a unanimous vote. Councimrane.mber Witherspoon absent. COUNCILMEMBER FLETCHER: Mr. Mayor, I have a question. ` I'd like to ask staff the manner that the new policy end the conservation element is going to be publicized and distributed. KEN SCHREIBER: The practice has been in the past to add the new material to the Plans that are distributed at the Planning Deportment. We have a copy of the resolutions that we plat in the back of the Plan alp and the Resource Elements will go in in the same manner, A year from now we anticipate having a more in depth, extensive review of the Comprehensive Plan. That will lead to reprinting the document. We are anticipating that because of the number of ameedments we've had and the time since the adoption of the Plan in 1976. t i� ENO Of VERBATIM ON COMPREHENSIVE PLAN —ANNUAL REVIEW MO ATE 597 4/2179 HOT TUB SAUNA ESTABLISHMENTSii rnArTrw—r• s i1OTICN: Corincilmember Fazzino introduced the following ordinance and seconded by Brenner, moved that Council approve the'ordinance: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 4 OF THE PALO ALTO MUNICIPAL CODE BY ADDING CHAPTER 4.56, REGARDING HOT TUB/SAUNA ESTABLISHMENTS THERETO,` AND AMENDING PORTIONS OF CHAPTERS 4.52, 4.54, and 4.55 REGARDING CAROROOMS, MASSAGE ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS. Councilmember Eyerly asked Councilmember Fazzino to specify what limits were set by the ordinance before Council tonight. Councilmember Fazzino said that he understood that hot tub/sauna establish- ments could locate within the 1200 -foot distance limit with another adult entertainment business, as long as it was 250 or more feet from residential areas. Ccuncilmember Eyerly said that the staff report of March 29 noted that there was twelve possible locations for hot tub/sauna establishments. He did not see why use permits should have to be issued when there were areas such operators could locate in without use permits. He feared that issuance of one use permit would lead to requests for more. He thought that Council should vote against the ordinance before then. City Attorney Roy Abrams pointed out that :f this ordinance passed with the amendment it would be a first reading. Mayor Carey explained that if the ordinance without the amendment regarding the 250 -foot limit were passed, it would then be a second reading. MOTION PASSED: The motion to approve the amended ordinance for first reading regarding permissible location of hot tub/sauna establishments passed on the following vote: AYES: Brenner, Carey, Clay, Fazzino, Fletcher, Henderson, Sher NOES: Ez erly ASSENT: Witherspoon RECESS TO EXECUTIVE SESSION Mayor Carey ar',nounced that Council would recess to Executive Session to discuss personnel and litigation matters. APPOINTMENT OF CITY MANAGER - DISCUSSION TO BE PUBLIC Councilmaaber Clary said he thought the question of the search for a City Manager ought to be discussed by Council in public-. Also, he had received a questionnaire asking where ht stood on the question. Roy C. Abrams, City Attorney, said that though ptrrlic discussion on the topic of selecting a City Manager was not required Council was .permitted to hold such discussions in public. MOTION: Councilmmmber Clay moved, seconded by Henderson that Council discuss selection procedures for a new City ger in public. Mayor Carey said he supposed Councllmember Clay was suggesting that candidates for City Council could participate. Councilmenber Clay agreed, saying the question had been raised in the last executive session that he had attended. Councilmember faazino said he disagreed completely, He thought that the Brown Act protected such selection :procedures, with itls statement that such procedures could take place in executive session. He feared the selection procedure would put the matter into " ..the political arena." He urged Councilr ers to vote against the motion. Vice Mayer Henderson said he favored having as many things aired publicly as possible; all things could become political issues whether aired privately or publicly. Councilmember Clay said the matter had been raised in political circles and was now a political issue; he thought it best that it be de -fused by �r tr+cf�s�s it publicly. �. +di;.vu_s ng . _ publ ie1, MOTION PASSED: The motion that Council discuss selection procedures for a new City Manasger in public passed on t e following vote: AYES: Brenner, Carey, Clay, Eyerly, Fletcher, Henderson, Sher NOES: Fazzino ABSENT: Witherspoon RECESS: Council recessed from 9:16 to 9:38 p.m. RESOLUTION NOTICING INTENT TO CTION PROCEDURE Mayor Carey -said that the public: discussion of a search for City Manager related to the item rived from the consent calendar by Councilmember Sher, who had requested that he be first to speak on the topic. Councilsrrember Sher said he had had no problem with the resolution declar- ing the•C1ty`s intent to employ a new City Manager %tin he removed the item frem the consent calendar. He said he had thought it was time to announce to tire. publ i c the manner in which the new City Manager would be selected and Council's proposed timetable. He said he had been questioned on both counts. He thought that in view of the election at least one new councilmen er would be elected and he thought that new member should perrticlpate in the selection process. A memo from Director of Personnel Jay Mends described the agreed -upon timetablegiven by the firm which was helping with the recruitment of candidates, Ralph Andersen. Council - member Sher gave the dates of that timetable,- with candidates to have been identified by April 13 on through review of candidates on whom background search had been made by June 1, continuing through the month. Councilmember Sher thought it likely that selection would not occur until July, as there mould be a number of applicants, with the litelihood that a selection would not be grade until the new Councilor would be seated. MOTION: Councilarember Sher introduced the following resolution and moved, seconded by Henderson, that the City Council fol l ow the time schedule outlined in Ralph Andersen's letter of March 27; that any new Councilmember(s) elected in May, 1979, participate in the review with Mr. Anderson of candidates for the job of City Manager and interviews of the Coed l of . suhcandidates. and that the City Manger should be selected after the men Coumci lmenber(s ) take office. r- 59,, 4/2/79 RESOLUTION NO. 5669 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO NOTICING ITS INTENT TO EMPLOY A CITY MANAGER" Councilmember Clay said he thought it somewhat unfair to candidates for the job of City Manager that the selection process might impinge on the political, for the job itself was non-partisan and apolitical. The City Manager was Council -appointed and the City Manager served at the pleasure of Council, Were he a candidate himself he would have concerns on that !natter, and he thought that concern should be a i levieted. The job description the City had given Andersen had stated the job was apolitical. He did -not want to defer selection until after July since, he thought, to do so did put the City Manager's job in the political arena, and so he wanted the selection procedure to tame its -normal course. He would support the motion before Council except for the last portions that said the City Manager should d be selected after the new Councilmember(s) took office Mayor Carey said he thought a decision by Council not to fill the City Manager position until after new Council r(s) took office could possibly be considered an abrogation of CQuncil's responsibility to appoint a City Manager. Mr. Abrams said Council could pass such a motion, but it could "change its mind at -any point" and appoint a City Manager, because Council would not be bound by any motion on that matter it might pass that evening. Councilmember Fazzino said he thought that on this issue he was a minority voice, but the City Charter was explicit in stating that the City Council should select a City Manager who was not a political appointee but an administrator. In view of the motion before Council the timetable for the appointment of a City Manger seed to be based "...primarily on the basis of an election." If the selection process extended beyond the end of June, participation in the selection process by new Councilm er(s) would be soot. The selection of a City Manager was one of Council's most important decisions. He thought it could become a political issue in the minds of Council candidates, and he did mot want that to happen. Councilor Eyeriy said he supported Councilors Eazzlno and Clay's points of view. He thought that the selection process had flowed easily in Council's selection of a City Attorney, and selection of a City Manager would -go the same way. He opposed the last part of the motion, and he asked that the motion be split for purposes of voting. Vice Mayor Henderson said he thought the Andersen timetable indicated . that to make a selection in June would be rushing the process. However, he stressed that he would like outgoing Councilmembers' whose opinions he valued, to participate in the, selection process. Councilmember Fletcher said she thought a City Manager would feel more confident assuring the position when he knew that the Councile hers who selected him were the incumbents, Since Cecil would not be bound to hold to its present decision an earlier appoin st could be wade. She favored waiting until July 1 to make the actual appointment. Mr. said newly elected Councilmember(s) would not have the right to vote, in a binding sense, before July. Mayor Carey said he had hoped that Mr. Abrams had reconsidered his earlierstatement. Mayor Carey said he thought the question not to select a City Manager until a certain date was '1...unconscionable, and it's an abrogation of our obligation, and l wi l l not support that part 600 4/2/79 of the notion." He had thought the first part of the motion was tacitly understood, but he was disturbed by the implication of the last part of the motion that the new Council would select differently from the present Council. He hoped there would be unanimity in the selection, and he felt it was his goal as Mayor to ensere;that. He opposed both speeding up and slowing down of the selection process in order either to permit some to vote, or prevent some from voting. He would oqt peripit that. New Councilmembers, he said: frequently did not have sgfficient inform- ation on the interfacing of Council and administration. The Andersen timetable was scheduled for the leavetaking of Mr. Sipel on August 1 and whatever candidate was selected had to give thirty days' notice, and so he did not want to deliberately delay the selection -process. He did not want to risk having the City without a manager. He thought the present Council had the ability, experience, and judgment to select a City Manager; he asked that Council use the same spirit in selection as had been demonstrated in the selection of a City Attorney. Cuunciimember Clay said he thought it would be good to dispel the fear that ,night be in a job -candidate's mind, that the City Manager was a too -year job. Since the job had been said to be nonpartisan it would be best not to set an artificial date. Councilmember Brenner said that she along with hers in deciding whether selection. She did not want to have fine candidate to take the job, and said "Don't be guided by a deadline would vote for the motion. would weigh Mayor Carey`s opinion or not to .set a date 3.r final a set date interfere with inviting a she thoug►lt tht motion before Council that may coming too soon." She Councilmember Sher said that his motion did not imply an assumption that a new Council would select differently from the present City council, nor did his motion imply that selection of a City Manager would be delayed and he thought it would not be possible to make a final selection until July. The purpose of his ,notion was to respond to the questions raised about the process and whether- or not there would be a rush to beat the July 1 deadline. He agreed the job should be and was non- partisan and a City Manager would not cater to just one segment of the Council but to all Counc i l meebers . Councilor Fauzino said he could not, himself, forecast any time when the new City Manager might be selected. Why go ahead and select an arbitrary deadline if the issue was entirely open, he questioned. He repeated that he thought public discussions wouldinevitably toss the matter into the public arena. Mar Carty said he thought the motion before Council set up a deliberate delay, and he opposed that portion of the motion. Leland Levy, 1564 Walnut Drive, said he was a candidate for City Council. He thought the motion before Council would place the responsibility for choice of a new City Manager on those with whom the City Manager would work, aid rightfully so, FIRST PART OF MOTION PASSED: That portion of the cation adopting the resolution and including newly elected Counctlmembers in the interview and evaluation process passed on a unanimous vote, Couvc. i l r Witherspoon absent. SECOND PART Of MOTION FAILED: The portion of the motion that placed find selection of a City Manager after July 2, or the date upon which new Councilmember(s) took office, failed on the following vote: 6 0 1 4/2/79 CORRECTED SEE PAGE 619. AYES: Brenner, Fletcher, Henderson, Sher NOES: Carey, Clay, Eyerly, Fazzino ABSENT: Witherspoon CONTRACT RENEWAL --WORKERS' 1 e STRAT I ON (CMR : l 93:9 ) Councf lmember Brenner said her question concerning the topic had been answered. MOTION: Councilrnember Brenner moved, seconded by Henderson) that Council authorize the Mayor to execute the agreement with R. L. Kautz and Company for claims administration services. -- AGREEMENT ---MINISTRATION OF WORKERS' COMPENSATION PR0G 1 R. L. Kautz and Company The motion passed on a unanimous voice vote Councilmember Witherspoon absent. ADOPTION OF CALIFORNIA CODE OF CIVIL PROCEDURE REt4; R£6 BY -...' Counci lrerber Brenner asked if approvals of licenses or permits were appealable. Mr. Abrams said the proposed adoption of Section :3094,6 would affect the statute of limitations for certain types of appeals and it applied only to denials, MOTION;: Councilmember Brenner introduced the following resolution and seconded by Fletcher moved its adoption by Council: RESOLUT104 5672 entitled "RESOLUTION OF THE COUNCIL frTgrarirliPALO ALTO ADOPTING CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6 6 €PTABLISHTNG A MAXIMUM TIME LIMIT FOR AGGRIEVED PARTIES TO SEEK JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS RENDERED BY THE CITY, the motion passed on ?., unanir s voice vote, Council er Witherspoon absent. BYRON STREET —CLOSURE PETITION (t 1:207:9 } Vice Mayor Henderson ascertained through Ted Noguchi, Director of Transportation, that Byron Street was about 30 feet wide, and that with both -sides parking passage of too moving vehicles had to be Jane with extreme caution. He questioned which days of the week the survey had been taken. # Noguchi said the Transportation Department avoided taking traffic courts on Monday or Friday; those on Tuesdays, Wednesdays and Thursdays were aoore reliable, 602 4/2/79 Vice Mayor Henderson ascertained that the Fire Department would not oppose a barrier at the entrance to Byron Street dff of Middlefield. Mr. Noguchi said that he thought the Fire Departments lack of objection had to do with the fact that it was 4 right turn, and the Fire Department would not respond frog that direction; but 1t wouldwant to have the ability to turn right onto Palo Alto Avenue. Vice Mayor Henderson asked why the Depar gent of Transportation had said a traffic diverter could be placed ©n Palo Alto Avenue. Mr. t4oguchi replied that a diverter there would have the least impact on the neighborhood, and it would not shift the traffic from Byron to Webster. Vice Mayor Henderson said he did not favor the configuration proposed by the Transportation Department. He noted the high cost of the study for Byron --almost twice as much as a recent City-wide traffic study. Mr. Noguchi replied that much of the data in the -City-wide study had been gathered at an earlier date, and that earlier data had been pulled together. The Byron Street study was made independently - Mayor Carey asked staff if there would be objection-, to a temporary 60 - day barrier on Bycan to see what kind of traffic shifts resulted. Mr. .Noguchi `s answer could be given later, he said. Herb Brenner, 250 Byron, said Byron Residents expressed their concerns on page 2 of the petition they had presented to the Council. He listed those reasons: many residents were elderly or very young; bicyclists increased the hazard; the traffic count method was inadequate. He gave assieved reasons for drivers use of Byron rather°than staying on Middlefield. He estimated traffic had increased 45 percent since 1974. He said both motorists and residents would benefit from installation of a traffic diverter, Anne Boyer, 181 Byron, voiced concern about the speed of motorists on Byron, who traveled at the same speed they might have on Middlefield, from which they had just turned, which caused many near accidents. She recounted some incidents. Naphtali Knox, Director of Planning a traffic diverter might just shift favored the partial barrier on Palo and Community Development, said that traffic to another street, and so he Alto. Mayor Carey reviewed various obstacles to the partial barrier --he favored a 60 -day trial period on Byron. Vice Mayor Henderson said Byron had long given traffic problems. He thought the proposed diverter on Palo Alto a poor idea. MOTION: Vice Maayor arson moved, seconded by Fazzino, that Council direct staff to have a temporary barrier placed on Byron Street at Palo Alto Avenue for not more than 90 days, during which time traffic counts would be made on Palo Alto Avenue, Middlefield Road, and related points. Cow ilmember Eyerly Said that while he acknowledged Byron Street had traffic concerns, many other neighborhoods did•as well, and so he did not want to be too ` hasty —staff had MUM not yet explored all the possibilities. Plore traffic would have to go on Lytton, where Lytton Gardens, a retirement complex, was also located. He suggested the Byron Street traffic concern be placed in the neighborhood traffic study of North 29 for further stay, about which staff wild return to Council. 603 4/2/79 CORRECTED SEE PAGE 619. CORRECTED SEE PAGE 619, CORRECTED SEE PAGE 619. SUBSTITUTE MOTION: Councilnyember Eyerly moved, seconded by Clay, that the Byron Street matter be referred to staff to be included in the city- wide neighborhood traffic study, for further observation, to eventually return to Council. 1 1 Mayor Carey observed that the action was temporary, and not "hasty," permanent action. He thought the original mdtion spoke to the intent to study the problem. Councilaember Fletcher agreed, adding that she thought that the Byron/ Middlefield configuration made it different from other traffic problems; the Comprehensive Plan spoke to protecting neighborhoos, and this neighborhood was being somewhat ;jeopardized by the use Hof Byron as a by- pass street. She was opposed to the substitute notion. Councilmeaer Clay said that in the light of staff's considered opinion that a traffic barrier should not be erected in that Palo Alto Avenue location he supported the substitute motion. He thought that the residents of Webster Avenue, who might have increased traffic as a result of the id Middlefield.resi ent_ be /":presented. He had -barrier—as s would residents, should }; seconded and did support the substitute motion. Counci lmember Brenner favor: Pare study by staff with the barrier in place. The V-shape leading to Byron perhaps enticed motorists, which was not the case with Webster Street. Byron had become a street with young children and therefore a family neighborho --there were twenty-eight children; she wanted to protect it, but not at the cost of increased traffic for Webster Street- Councilmie er Sher said he thought itwould be sensible to see what a trial barrier would produce in the way of effect. SUBS/ ITiJ;E MOTION FAILED: The motion that the Byron Street ratter be referred to staff for further study in the city-wide neighborhood traffic study failed on the following vote: AYES: Eyerly, Clay NOES: Brenner, Carey, Fazzino, Fletcher, Fenderson, Sher ABSENT Wi therspoon Councilmember Eyerly asice'ri_ _in relation to the motion now before Council, what was included in the idea or a 't nary° barrier. Mayor Carey relied that the barrier might be moved within 90 days, and if additional traffic did in fact transfer to Webster Street he, himself. would vote to remove the barrier. Councilmeaber Eyerly ascertained that a survey of traffic would be made by staff and a report on it would be brought to Council. Councilmea&er Clay asked if Webster Street residents had to wit 90 days for relief if traffic problems on their street became serious. He thought a reasonable date should be set. He predicted that if there was a serious impact residents would come to Council within the next two weeks. City Attorney Abrams said that Naphtali Knox, Director of Planning and Community Environment," had told him that it would be necessary to take surveys before the barrier was erected, and so Mr. Knox would perhaps be returning to Council with a negative declaration four+ Council's next meeting. 604 412/79 AMENDMENT: Councilmember Eyerly moved, seconded by Clay, that Council direct staff to erect a barrier to be in pace only 60 days, instead of 90. The amendment failed on the following vote: AYES: Eyerly, Clay NOES: Brenner, Carey, Fazzino, Fletcher, Henderson, Sher ABSENT: Witherspoon MOTION PASSED: The motion that Council direct staff to erect a temporary barrier on Byron Street at Palo Alto Avenue for not more than 90 days during which time traffic counts would be made on Palo Alto Avenue, Middlefield Road, and related points, passed on the following vote: AYES: Brenner? Carey, Eyerly, Fazzino, Fletcher, Henderson, Sher NOES: Clad+ ABSENT: Witherspoon ACCESS TO EAST PALO ALTO rlDniritn5WWWWINA (CMR:208:9) Mayor Carey ascertained with staff that the matter now before Council was an information item, and not an action item. He asked if Ceuncilrr bers withed to take any action on it. Counci Emember Eyerly said he wanted perhaps he would make a motion also Dumbarton corssed East Embarcadero, was there to be an overpass? Ted Noguchi, Director of Transportation, said that it had been Council direction that the hypothetical access road not connect with Embarcadero. Mayor Carey asked if the hypothetical road cut through the golf course. Mr. Noguchi said he had laid it out along the periphery of the golf course. to asked a couple of questions; . Where the southern approach from on staff's hypothetical access road, Counc1lmember Eyerly said that the staff report indicated that the connection to Bayshore bed Green and San Antonio would be expensive and would also impact part of the City of Palo Alto, which might be an outgrowth of trying to forestall a connection with University Avenue. MOTION: Councilmember Eyerly moved that staff notify East Palo Alto of any decision on the hypothetical access route to East Palo Alto's Industrial Park and marina. Councilmember Eyerly said East Palo Alto should be made aware of the small study going on and a possible proposed scuthe►n connection. "Thera might be so* trade-offs for East Palo Alto on the off -ramp and they have not been wi l l i ng to talk about a connection to Bayshore between the Embarcadero/Oregon Expressway connection. and University Avenue, primarily, as I understand it, because it would take some of their ground and part of their housing area on the southern part of East Palo Alto. I feel that we should send a letter back to them saying that we coot go forward on a proposed southern approach as the staff report has shy, but that we would suggest their iovestigating a southern approach with connections to Bayshore north of the Embarcadero/Oregon Expressway connection." 606 4/211 The motion failed for lack of a second. Councilmember Sher asked which portion of the Baylands would be crossed relative to the athletic facilities there. Mr. Noguchi replied that the plans were very preliminary and no actual alignment had been selected for the hypothetical access road. The sketched maps had been drawn to establish parameters for computer -model testing. Mr. Knox added that the hypothetical road would have to go through some park dedicated land for it would have to come down the dike somewhere on the East Palo Alto side, then probably crossing th f creek'soTeewhere where the Baylands Athletic center adjoined the municipal golf coursee then to cross Embarcadero somewhere between Faber Place and Geng Road, along the boundary of the ITT parcel to the Bayshore Freeway. The staff had wanted to "...plug a link into the computer network to study it, and the computer doesn't care," and so precise information had not yet been ga thered . Councilmember Sher said his questions were aimed at trying to identity possible problems; staff's report had shown that the road would be expensive both ecologically and in dollars. Some park dedicated land would have to be used, and there seemed to be serious problems. Vice Mayor Nenderson recalled that East Palo Alto had said that if a proposed southern approach road connected to the Dumbarton Bridge that it would pay for it, but that East Palo Alto hoped that Palo Alto would pay for anything less than that. Courrciimember Clay said that from the sketched maps he could not pick out the potential problems, the southern approach seemed to be needed to connect directly to the Bayshore Freeway_ He did not wart others to be misled into thinking a road would go through until more specifics would be known. Mayor Carey agreed; he said the report would be noted and filed. RE t EST OF CO NiC I LEER CLAY TING IMO ICENSES Mayor Carey said the topic related to The Little Mermaid restaurant on Cambridge Avenue. Councilm&ber Clay said that he had talked with the owners of The Little Mermaid. He thought it was necessary to distinguish between the sale of beer and wine, versus hard liquor. ' MOTION: CounclImember Clay moved, seconded by Fazzino, that the Planning staff and the City Attorney draft an amendment to the Zoning Ordinance, Section 18.90.120, which amendment would distinguish between beer and urine" and "hard liquor" so that on -sale of beer and wine at restaurantss would be generally permitted; the draft ordinance to be referred to the Planning Coamrission for: its review and recomendation to Council. Counc i l somber Fa z z i net said he seconded the motion with the ;rov i so that the Planning Commission would have the authority to develop some >ontroy procedure itself perhaps recognizing that beer and wine were adjuncts to areal s . 806 4/2/79 CORPECTED SEE PAGE 619. Mayor Carey noted that the motion was for referral to staff to draft an ordinance to be sent to the Planning Commission. Benny Veideland, owner of The Little Mermaid, Cambridge Avenue, asked that Council distinguish between the service of beer 4nd wine and the service of hard liquor. He cited the difficulty 'of operating a restaurant without permission to verve beer and wine. Phillip Kirkeby, 3613 Ramona Circle, said he patronized The.Little Mermaid and he thought it a fine small Danish restaurant which deserved to have the advantage of being able to serve beer and wine. Mayor Carey said he supported the motion. In the past restaurants wishing to operate in Palo Alto had been able to get state licenses but had not been able to get the City's permit, "...and they obviousl:, cannot operate without being able to serve beer and wine." He thought first-rate restaurants had contributed heavily to the revitalization of Downtown Palo Alto, and that had been made possible by lifting the restrictions on serving beer and wine. There bad been fear of proliferation of "beer joints' in the past. He hoped it could be worked out. Councilmember Brenner asked if the City Attorney had an opinion on the problem ev of enforcement. Hr. Abrams replied that the City enforced through the rules of the Alcoholic Beverage Association (ABC) and they were quite stringent. MOTION PASSED: The motion that the Planning staff and the City Attorney draft an amendment to the Zoning Ordinance, Section 16.90.120, which amendment would distinguish between "beer and wine' and }'hard liquor" so that on -sale of beer and wine at restaurants would be generally permitted, the draft ordinance to be referred to the Planning Commission for its review and recommendation to Council, passed on the following vote: AYES: Carey, Clay, Eyer ly, eazzino, Fletcher, Henderson, Sher NOES: Brenner ABSENT: Witherspoon MAYOR CAREY RE AGENDA FOR APRIL 9 Mayor Carey suggested that the April 9 meeting for City business be brief, since there was not a great deal to be done, with the balance of the / meeting to go for personnel reviews and interviewing Council appointed officers, ice, Sa George Sipel, City Manager, suggested that a special meeting be held for the personnel reviews; in that way a Councilmembers' packet did not have to to made up, and the 1 i ke . Vice Mayor Henderson nmsarked that there were South Bay Dischargers budget utters that he thought should be brought up. Mayor Carey reworked that the topic of Art in Public Places was a topic also due before Council. MOTION: Vice Mayor Henderson moved, seconded by Fazziro, that Council cancel the meeting of April 16. The motion passed on a unanimous voice vote, Councilmember Witherspoon absent. 607 4/2/79 EXECUTIVE. SESSION ON APRIL 9 Mayor Carey announced that on April 9, following the Council meeting an executive session on personnel would be held. COUNCILMEMBER FAllINO RE CITY-WIDE anninwrnommannuttr- S CO IITTEE Councilor Fazzino praised the geality of the staff report on the traffic study plan. He did not want to have it simply filed away. MOTION: Councilmember Fazzino moved, seconded by Clay, that Council refer the traffic study plan to the Policy and Procedures Committee for its consideration and review. The motion passed on a unanimous voice vote, Councilor Witherspoon absent. ORAL COMMUNICATIONS None ADJOURNMENT MOTION: Councilmember Fazzino moved, seconded by Henderson, that Council adjourn. The meeting of April 2, 1979, adjourned at 11:20 p.m. AFFIRM: APPROVE: for 606 4/2/79