HomeMy WebLinkAbout1979-08-06 City Council Summary MinutesRegular Meeting
August 5, 1979
ITEMS PAGE
Minutes of June 25, 1979, and July 2, 1979 55
Oral Communications Patricia Cullen, 409 Melville Avenue 56
Dough Winslow, 117 Colorado
Jean Jenkins 2510 Waveriey
Consent Calendar -Action Items 57
Intergrated Pest Management Program 1979-80
Vehicle Maintenance Reporting System 57
College Terrace Barriers --Street Closure--Oberlin/California 58
Award of Contract
Resolution Requesting The Interstate Cm rce Commission To 58
Overturn Judge Wallace's Ruling Re Southern Pacific Compute
Services
Resolution Amending Merit System Rules and Regulations Re 5&
Fire Agreement
Ordiance Re Administrative Responsibilities In Division of 58
Inspectional Services
2197 E. 8a shore Road Change of Classification of Property 58
From LM (d) To PC
911 Emergency Telephone System 59
' n1mous _ tion f C _ •_•a- _ _ _ Z
�.!PV73�b6��".y V_.-�}48�-,.,-.Q v..�-.v����LiVii- Vi -�fi ir� rra��idi�l�� -i7 �! ! 13�i7 �$l(1�r°'- 59
Effective September 4, 1979
Public hearing: Discontinuing Use of a Portion of El Camino Park
Public Heari erg : Weed Abatement Pragra - Charges
Finance
�y.� +�y�j
f a �F nce ww. - Public c moths CO L1 t' o Rc �a( t i niir _ tJs
Q# t;Hrp i US. " ti�'h00i Sites
3.. v•. +a. yitYJ
Retess
Policy and Procedures Committee Recommends Re Reduction in Number
of Cite 3seeee-t ae eeeeee nd i imi i sa_�a S °
---- c _ - -.. �:.r --- t..siTs.-i: ia.. S Y. a iF i�K,IC! �� Terms �erveo
Ord i nay Re emergency Maintenance Perking Permits
South Bay Discharger's Outfall Pipelinet Environmental Impact
Report and Statement (Draft letter)
Ordinate Re Tree Houses
Ordinance Re Supplemental Budget Request For 1979-80 Engineering
Division Budget
Appointment of. City Manager Pro Te
Appointment of City Clerk Pro Tm t
60
61
4.14
66
iJ J
71
72
73
73
74
74
1
i
53
ei6179
ITEMS cont'd FAGE
Request of Councilmember Fletcher Regarding Environmental Impact
Report Procedures 74
Request of Councilmember Fazzino Re Kellogg -Byron Street
Petition Re Stop Sign 75
Request of Councilmembers Fazzino and Brenner Re Council Standing
Committee System
Request of Councilmember Renzel Re New Hud Regulations
Oral Communications none
Adjournment
75
76
77
71
54
8/6/79
Regular Meeting
August 6, 1979
The City Council of the City of Palo Alto met on this date at 7:50 p.m.
in the Council chambers, 250 Hamilton Avenue, Palo Alto, Mayor Henderson
presiding.
PRESENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson,
Levy, Renzel, Sher, Witherspoon
ABSENT: None
:::ai SAF.lIIN 2S_ too
Councilmenber Brenner asked that on page 748, third paragraph, the
following sentence be added: What would prevent the peak of such a roof
reaching a height of 70 feet, since the average would then be 35 feet?
Councilmember Brenner asked that on page 756, the first sentence of the
third sentence read instead: Council or Brenner agreed that it was
not acceptable t, say that children were not welcome in multi -family
buildings because building of condominiums had proliferated, thereby
intensifying the problem.
Mayor Henderson asked that the last sentence of the tenth paragraph on
page 744 be deleted.
MOTION: Councilmember Fletcher, seconded by Witherspoon, moved that
Council approve the minutes of June 25, 1979. The motion passed on a
unanimous voice vote.
tuilagaLigia.go.
Council►neber Fletcher asked that on page
Transportation Commission but the Transit
Ccuncilmember Fletcher asked that on page
Transportation Commission but the Transit
Councile ber Fletcher asked that on page
line be to the Transportation Development
paragraph that NTC be referrer to instead
continuing into page 10.
6, last paragraph, not the
Agency be referred to.
8, third paragraph, not the
Agency be referred to.
9. the reference in the fourth
Act. She asked that in that
of Transportation Commission,
Council r _Fletcher- asked that on page 10, first paragraph, the July
2 date be changed to Lune 27.
C�rnci I r Fletcher asked that on page 10, the motion in fift l
p Been � Fl _
ragr°�ah read 't nc tad : .�� �.. � y r Fletcher etcher moved, � �.t.ft
Fazzine, that Council direct staff to telephone the Board of Supervisors
on July 3 saying that the action taken by t.he Bo d was unacceptable to
the City and that previously approved projects be applied for.
Co nt:1 ear Fletcher asked that on page 10 the ninth paragraph read
instead: faphtali Knox, Director of Planning and Community Environment,
amplified that the portion 0 Arastradero between Daer Creek Road and
the City 1 iari is was questionable so far as aftther or not it was wri thi n
City limits --at least 90 percent was outside the City limits unqu*stionably.
Councilsamber Fletcher asked that on purge 10, last paragraph, the motion
read instead: MOTION PASSED: The motion that Council direct staff to
telephone the Board of Supervisors to say that the action taken by the
Board was smacc+±ptab1e to the City (regarding t:..a Highways, Bikeways and
Airports Commission projects) ar.d that previously approved projects be
applied for, passed on the following vote:
NOTION: Councilmember Renzel mowed. seconded 4y faazl ems, that Council
Mee the minutes as corrected. The toe. OR II uii
SS
8/6179
'. l
9RAL COMMUNICATIOR
Patricia Cullen, 409 Melville Avenue, said that four meetings
important to citizens of Palo Alto had been held on July 24. She
asked that chairpersons try to hold meetings on regularly announced
nights.
Doug Winslow, 117 Colorado, said he thought neighborhooe associations
would start to came into existence, as evidenced by the marshaling
of activity regarding proposed zoning for 2525 Waverley; he said e
:meeting to discuss the matter was scheduled for the evening of
August 7 at 2510 Waverley--Councilmembers were invited.
Roy Abrams, City Attorney, said that a public hearing on 2525 Waverley
had been held the week previously; further information presented at
this time was out of order. Speakers would have to wait until that
public hearing was reopened, or for the second reading of the ordinance,
to give evidence.
Jean Oenkins, 2510 Waverley, said she would like to read a letter
on the matter to Council.
1
Mayor Henderson said that she could submit the letter, and when the
public hearing was reopened it would be included as evidence.
Counci1menber Reuel said Council cculd possibly agree to reopen the
public hearing on the matter when the ordinance came up for second
reading.
Mayor Henderson said he would be willing to have that open for public discussion.
Councilmember Levy said he thought discussion on 2525 Waverley should be
open for discussion next week, and yet he hated to discourage speakers
who had appeared to speak on the matter at the present meeting-
Mr. Abrams said that the applicant for rezoning at 2525 Waverley was
also entitled to know what was being said regarding the Application, and
so, though technically people were entitled to speak on any topic not on
the agenda in Oral Communications, speakers on the tropic of proposed
rezoning of 2525 Waverley would properly speak at a public hearing.
Mayor Henderson said he would rule according to -his a'MC from the City
Attorney.
Vice Mayor Sher pointed out that since Council did not discuss matters
with speakers on Oral Communications_ he thOunht _ tadkAireave /.^4,1A
-ViCe= Mayor Bunn moved, seconded by Farina, that the Mayor's
ruling be overruled and speakers be allowed to talk on 2525 Waverley
un )r Oral Communi cati ons .
Councilmember Renzel said she thought that, according to the City Attorney,
the information had to be presented at a public hearing in order to be a
valid part of the cams i derati on.,
Mr. Abrams repeated that the purpose of the public hearing was to give
the applicant as well as other concerned parties full information.
oration.
Ann Tanner, City lager pro Tem suggested that Jean Jenkins' letter be
submitted for inclusion in Councilmembers' packets at next week's Council
meeting,
Coins i t Fuxin* said he would just as sow hear the speakers under
the rules of Orel Communications.
Councilmember Bremner ascertainedthat
speakers on , the topic sold
return next week -As. Jenkins reiterated her wish to add o paragraph to
a latter ' that 1d appear in the Peninsula Ttmes Trite.
56
8/6/79_
Councilmember Fletcher said she thought that since the public hearing
was pending other spec!!;er3 couldreturn for that; she did not mind
hearing one short statement from Ms. Jenkins.
MOTION PASSED: The motion that the Mayor's ruling he overruled and
speakers be allowed to talk on 2525 Waverley under 0ra1 Communications,
passed on the following vote:
AYES: Brenner, Fazzino, Henderson, Levy, Sher
NOES: Eyerly, Fletcher, Renzel, Witherspoon
Jean Jenkins, 2510 Waverley, said she would not read her letter--
Councilmembers would receive it in their packets. She said that
neighbors and most of the people with whom she had spoken did not
agree with her statement in the letter regarding her point of view
on Palo Alto in general —they did agree with her on her specific
point of view on 2525 Waverley.
Charles Alwine, 2559 Waverley, said he had come to Council meeting
because he had understood that evening was the last chance for
neighbors to speak their minds. He would be glad to make his
statements at the public hearing to be held next week.
Mayor Henderson ascertained there were no further speakers. He announced
there was to be a short Executive Session on litigation sometime during
the evening.
Councilmember Levy asked that the ordinance regarding Tree Houses be
removed from the Consent Calendar.
Councilmember Fletcher asked that the matter on Tree Houses be removed
for continuance —one of the principals could not be present.
Councilmember Brenner asked that the ordinance regarding Emergency
Maintenance Parking Permits be removed from the Consent Calendar.
Vice Mayor Sher asked that the ordinance Supplemental
ordinance e,.,a,+LC re aSJ�1 iemental 3tWeet Request
fer 1Q79-80 Engineering Division Budget be removed from the Consent
Calendar.
Councilor Fazzino asked that his vote be recorded as 'pro' on the
matter concerning the ordinance re Administrative Responsibilities in
Division of Inspectidnal Services. He was concerned about limiting
hours when special services to the public would be available.
The following items remained on the Consent Calendar:
Referral Items
None
Action Items
Staff recommends that Council authorize the Mayor to execute an Integrated
Pest Control contract in the ant of $14,947 with the John Muir Institute
for the services of Dr. William 01 kowski .
CONTRACT —John Muir Institute
(CM:359:9)
Staff mai * approval of the present contract for 1979-80, with an
option to renew for 1900-81 and .190342.
s7
AMENDMENT 4 TO AGREEMENT 3687
VEHICLE MAINTENANCE INFORMATION AND
:REPORTING:SERVICES--MAINSTEM CORPORATION
ILLE9C TERRACE BARRIERS -
e
TREET CLOSURE--OBER. CALIFO
MR:
Staff recommends that Council 1) find the project will have no significant
adverse environmental impact, and 2) authorize the Mayor to execute a
contract with O'Grady Paving, Inc., in the amount of $17,190, for the
street closure.
CONTRACT --O'Grady Paving, Inc.
HE INTERS ATE
RESOLUTION 5719 entitled "RESOLUTION OF THE
COUNCIL OF THE CITY OF PALO ALTO IN
OPPOSITION TO THE DISCONTINUANCE OF THE
SOUTHERN PACIFIC COMMUTER SERVICE ALONG THE
SAN FRANCISCO BAY PENINSULA AND REQUESTING THAT
THE INTERSTATE LOMMERCE COMMISSION REJECT
THE DECISION OF THE ADMINISTRATIVE LAW JUDGE IN
THIS REGARD."
1RIT SY T EM
R" AN : r?
CMR: 7 :9)
Staff recommends that Council approve the following resolution amending
Section 1501 of the Merit System Rules and Regulations regarding the
Memorandum of Understanding between the City and Local 1319, International
Association of Fire righters.
s _
RESOLUTION 5720 entitled "RESOLUTION OF THE
tOU Or Th CITY OF PALO ALTO AMENDING
SECTION 1501 OF THE MERIT SYSTEM RULES AND
REGULATIONS RE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PALO ALTO AND LOCAL 1319 INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,"
RE A IS 1YE RES ILITIES
ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING SECTION 2.08.300
OF THE PALO ALTO MUNICIPAL COC)E TO UPDATE
CERTAIN ADMINISTRATIVE RESPONSIBILITIES
IN THE DIVISION OF INSPECTIONAL SERVICES
(First Reading)
OF PROPERTY
rst ria < ng /23/79)
ORDINANCE 3144 entitled ORDINANCE OF THE
ft001-1WIWCITY OF PALO ALTO
AMENDING SECTION 18.08.040 OF THE PALO ALTO
MUNICIPAL CODE (THE ZONING MAP) TO CHANGETHE CLASSIFICATION ..OF PROPERTY MOWN AS
2197 E. SHORE i PC.
58
e/5p9
11 izRCENCY TELEPHONE SYSTEM
Dan McCorquodale, Supervisor, Third District of the County Board of
Supervisors, recommends that Council authorize the Mayor to contact
appropriate legislators indicating in and support of the 911 Emergency
Telephone System and the devastating impact of SB374 should it become
law.
MOTION: Mayor Henderson moved, seconded by Sher, that Council authorize
the Mayor to sign the contracts, write the letters of request, and that
Council approve the ordinances and adopt the resolution. The motion
passed on a unanimous vote, Councilmember Fazzino voting 'no' on the
item concerning administrative responsibilities.
Mayor Henderson ascertained whether or not the Council meeting was being
broadcast over KZSU--the representative from League of Women Voters who
generally gave the commentary on Council discussion was not present. He
noted that the matter of school surplus sites was on the agenda that
evening, a matter of some interest to many.
Mayor Henderson noted the following conditions for employment of the new
i r=cw—te ?t to the City Manager position, William Zaner: the appointment
corrr,cnced Septer'>br 4, 1979; the base salary is $52,#00 yearly, to be
reviewed annually; entitlement to applicable benefits listed in Section II of the
cor'pensation plan for management and council appointees; en expense
allowance of $150 per month; use of a City automobile if so desired, for
City business and transportation to and from work, or using personal car
to receive a mileage allowance in a per -rile amount approved by the City
Controller for all City business and to -and -from work mileage; City
reimbursement for usual and customary moving expenses for the purpose .of
relocating personal and household effects from current residence in
Lnion City to Palo Alto residences and, in addition, a real estate loan
has been authorized with specific terms and conditions to be detailed ir►
the document to be mailed within a few days.
Mayor Henderson said he would like to have a public vote to formalize
the conditions of and employment of William Zaner as City Manager.
Counci 1t ber Sher asked that more about the real estate loan be stated
publicly and for the record. He had spoken with Mr. Abrams, City Attorney,
on the matter.
Mr. Abrams said the City would give a 30 -year loan on'a single-family
residence within the City of Palo Alto to be occupied by 14r. Zaner and
his family as a primaryowner-occupied residence. The maximum amount of
the loan would be $1751.000 et variable yearly interest rate to be based
on either the highest rate of interest earned on the City's portfolio of
investment plus 4 percent, or the average rate of return earned on the
State of California's local agency investment fond portfolio --in no
event would the interest be less than h percent above the City's rate of
return. The dawn parent would be at least 25 percent, which Mr. Zaner
had to provide. The City would allow no second mortgages to go on the
property unless it was determined it did not adversely affect the City's
first deed of trust. At the tip of loan the City would take a first
deed of trust as well as a promissory note,,end Mr. Zeiler would be
r >qu i red to meet such requirements for termite and other inspections
along with an appraisal so that the City could assure Itself that the
value of the house was sufficient to secure the City's loan. Mr. Zaner
mild be responsible for all costs of purchase for the tingle-faaiiy
residence, such as brokerage fees, title reports, i , and so on.
He would be required to maintair>inaurence with Or being the
beneficiarY.
59
8/6/79
The loan would be due upon sale of the residence by Mr. Zaner or on
termination of his employment. The loan would not be assumable by any
subsequent buyer. Mr. Zaner would be entitled to prepay any portion of
the loan or all without penalty and at any time that the market interest
rate was equivalent to the return on investment of the City. Mr. Zaner
would be required to rem►ortgage the home. Mr. Zaner would be required to
authorize the City to make a monthly deduction from his paycheck in
order to cover the amount of the monthly payment; a 4 percent penalty
for late payment would be imposed. Mr. Zaner would provide a year-end
statement showing the amount paid to principal and the amount paid to
interest, and he would be allowed to utilize the loan authorization
should he purchase a home in Palo Alto and thereafter desire to re-
locate in another Palo Alto single-family home within 60 months after
the commencement of his employment with the City. Should the loan be
held invalid Mr. Zanger would return to the Council to re -negotiate
the contract.
Counci lr er Levy said he had voted for the aforesaid type of compensation
because he thought the City Manager of Palo Alto was unique in that he
was the only C i tty employee who was required to live within the City
limits, and so his freedom to search the market place for housing had
thus been curtailed. The terms of the loan were comparable to any first
mortgage, and were therefore fair.
Mayor Henderson said he had corrected some figures erroneously given by
the Peninsula Times Tribune. He called for two votes: one on the appointment
of Mr. Zanier, one on the terms of the contract.
MOTION APPROVING APPOINTMENT OF WILLIAM ZANER AS CITY MANAGER: Mayor
Henderson moved, seconded by Fletcher, that Council approve the appointment
of William Zanier as City Manager. The motion passed on a unanimous
vote.
MOTION APPROVING CONTRACT TERMS FOR CITY MANAGER: Mayor Henderson
introduced the following ordinance, and, seconded by Fletcher, moved its
approval by Council:
ORDINANCE 3146 entitled ORDINANCE OF THE
COUNCIL OF THE CITY OF PALO ALTO AMENDING
THE BUDGET FOR THE FISCAL YEAR 1979-80 TO
PROVIDE FUNDS TO ASSIST THE CITY MANAGER
Ili FINANCING THE PURCHASE OF A HOME IN PALO ALTO.
The motion passed on a unanimous vote.
Mayor Henderson announced that the Council meeting was now being broadcast.
Mayor Henderson said that on June 25, 1979, the City Council declared
its intent to discontinue a 1.0865 -acre portion of the 11.54 -acre El
Camino Park and to submit the question of such discontinuance to the
City of Palo Alto electorate in accordance with the provisions of Article
VIII of the charter of th " City of Palo Alto and chapter 22 of the Palo
Alto Municipal 'Code. He said the purpose of such discontinuance is to
Permit rehabilitation of the Veterans' Building, which is a building on
the National Register of Historic Buildings, and its subsequent use as a
full -service restaurant with meeting rooms and offices for the Veterans
C ., .is and other non-profit organizations. Mayor Henderson said that
now was the time set to hear any public protest of such intended discontinuance
of a portion of El Camino Park for the purposes stated above, and submitting
the question of such discontinuance to the electorate. He declared the
public hearing open and asked if anyone wished to speak.
Hearing no one, he declared the public hearing closed, and said the
chair would entertain a motion to place the setter on the bal l of
MOTION: I: Councilmember Fazzi no moved* a seconded by Witherspoon, that.
council Approve having the matter of whew or not a l .nacre lion
of El Camino Park should be discontinued and given over to a full-
serv;ce restaurant and office space for r,:. -profit organizations on the ballot.
The motion passed on the following vote:
AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Sher,
Witherspoon
ABSTAIN: Renzel
Mayor Henderson said it was the time and place set for a public hearing
on the resolution for the charges levied for weed abatement on private
property under the agreement with Santa Clara County. He asked that the
record show that notice of this hearing had been given in the time,
manner, and form provided for in Chapter 8.08 of the Palo Alto Municipal
Code. He asked if Acting City Clerk, Ms. Poitras, had received any
written objections.
Ms. Poitras replied that she had not.
Mayor Henderson asked if anyone wished to be heard on the matter. Hearing
no one, he declared the public hearing closed. He asked that the record
show that no persons appeared or filed written objections against these
proposed charges for weed abatement performed in accordance with the
municipal code and under the agreement for administration of weed abatement
entered into between the City of Palo Alto and Santa Clara County, and
that any resolution passed by Council on the matter would reflect that
finding.
Mayor Henderson observed that he personally observed many weed -filled
yards around town --more than in the past --he asked the sitr_ation of
responsibility.
C rrected Robert Arcularius, Department of Public Works, said that in most cases
see page property owners were responsible. Weed -filled yards wero usually taken
146 care of by the ordinance compliance inspector; he left a notice asking
that the property owner abate the reeds, and the owner usually complied.
If not, the City hired sane to do it, and charged the garner for that
work. Complaints by neighbors or others were responded to. The City
had not been active in removing leaves unless they were the kind that
generated seeds that could blow on other people's properties.
Mayor Henderson said the chair would entertain a motion to confirm the
assessments by adopting the resolution.
MOTION: Councilme her Fazzino introduced the following resolution and,
seconded by Sher, anted that Council adopt the resolution thue confirming
the assessments:
RESOLUTION 5721 entitled RESOLUTION OF THE
C CTV.. Dr —NE —CITY OF PALO ALTO CONFIRMING
WEED ABATEMENT REPORT AND OROerING COST OF ABATEMENT
TO BE A SPECIAL ASSESSMENT ON THE RESPECTIVE
PRWERTIES HEREIN DESCRIBED.
The motion passed on a unanimous vote.
I r s 3 ,.? Jo t► k a k a
tt*.e1 4JsI;. tre;e'. 'lt
Vice Mayor Sher, chairman of the Finance and Public Works Committee,
said the Committee had considered surplus school sites July 24. A consultant
of the Palo Alto Unifted School District (P ) had written the Compittee
asking about the Cites viewpoint on the Venture sal site, eskir ; for
an answer wf thi n 60 days.
8/6/79
There had been an analysis of other sites and financial information,
dated June 7. The City Manager, Chairman Sher said, had, on July 24,
given the Committee a series of recommendations, given now on pages 2
and 3 of the Finance and Public Works Committee minutes of July 24. The
Committee's recommendations to Council that evening had been based on
those made to the Committee by the City Manager, with just a few changes.
The votes had been unanimous.
MOTION: Chairman Sher introduced the following recommendations on
behalf of the Finance and Public Works Committee:
A) that the City indicate its interest in purchasing the Terman Site
individually, or as a part of a joint venture with private and non-
profit entities, and that the City staff be directed to take the lead
and develop individually or with other entities a package to purchase
and administer the Terman facility and report back within 120 days;
8) that the City staff be directed to negotiate for the purchase of the
Ventura site at a price favorable to the City, and that staff, during
negotiations for the Ventura site, identify possible use and users of
the remaining wing of classrooms and present an interim plan for use of
the Ventura school buildings when a recommended purchase agreement is
presented to the Council;
C) that the Council indicate its interest to purchase a portion of the
Garland site at a time mutually convenient to the school district and
the City, and that the City enter into discussions with the school
district within the next year to purchase and/or exchange portions of
the Ortega site;
(Chairman Sher said that what the City does with the Ortega site may
depend on what happens to the Cubberley site, that is, If the Cubberle.y
site were to be developed as housing, the Ortega site might be retained
as open space.)
a) that the financing of the four sites be accomplished through the use
of existing capital reserves, the landbank appropriation in the budget,
and the possible sale of all or a major portion of the Esther Clark Park
site, and that the staff be directed to take the necessary steps to hold
the park dedication abandonment action for Esther Clark Park as soon as
possible;
E) that the City staff continue to consider ways to raise funds to
cover costs for newly acquired lands and facilities.
dr. Esther B. Clark, 960 Old Trace Road, said that she had acquired the
22-23 acres of land comprising Esther Clark Park in 1944; subsequent
increased land values made her realize the land should be saved for r}pen
space and public use. The City had responded to her offer to sell and
had bought it in 1965, and saade it dedicated pans land, and she hoped
that it would rain so, perhaps to be developed as an arboretum, and
not for playground with slides and the like. She said Old Adobe Road
had been laid as an access to the park. She thought that possible sale
to a r-ealtiT fee development would be a breach of faith on the part of
the City.
Jack Foyle, Old Trace Road, said he lived close to the park. He emphasized
that Or. Clark had sold the land to the City for about one-fourth its
present -dam+ appraised value. He wanted the land kept in open space, end
that, he stressed, could not be recovered if the land was developed for
homes. He said that 30 years from now the land would be very cherished,
if it was kept in open space.
Larry Klein, 1433 Dana, spoke as president of the Jewish C ity
Center and chair an of its long --range planning oammittee. His committee
favored the Finance and Public Works position regarding the Tenn
surplus school site.
Sue MacPherson, Palo Alto Housing Corporation (PAHC), said PAHC supported
the Finance and Public Works Committee recommendations.
Robert Moss, 4010 Orme, made some corrections to the Finance and Public
Works Committee minutes, and he gave some corclusions he had arrived at
through consulting various data confirming that need for park space did
exist in the Terman site area; he said about 30,000 daytime workers were
in that area and used park space daily. He stressed that there were no
City buildings south of California Avenue and west of Waverley--he would
like to have the City consider purchasing some of the buildings at
Terman for civic purposes. The Terman Coalition, he said, urged purchase
of the 60 and 70 wings (so specified) at Terman, the music room, and
some arrangement giving access to the public for the pool and gym, along
with a minimum -sized soccer field. The Coalition, he said, was am
biguous about attaining possession or access to the blacktop or amphitheater.
In addition he thought that there was enough money available for school
site acquisition without selling the Clark park. He held that sale of
the Clark park would open the City to pressure to sell the Arastra
property.
Joan Heymann, 4159 Old Adobe Road, agreed with others that Esther Clark
Park was a unique open space. She said the possible sale was tied to
surplus school sites --she had not heard the park mentioned before. She
suggested another meeting discussing alternative ways (to selling Clark
Park) to raise money for purchase of school sites, be held. She asked
that the passage in 0 of the recommendations referring to sale of the
park of the Finance and Public Works Committee be changed.
Gary Heymann, 4159 Old Adobe Road, agreed with the preceding speaker in
asking that a public resource such as Esther Clark Park not be 'destroyed,'
for it was the only City park that provided unstructured open space
within easy distance of the City. He thought there were better ways of
dealing with Palo Alto's fiscal and housing shortages.
Barbara 7eitman, 1176 Emerson, spoke for the Peninsula Conservation
Center and also the Committee for Green Foothills. She thought that
sale of the Esther Clark Park set a dangerous precedent --it would jeopardize
future possible acquisition of land by Palo Alto. She asked that its
possible sale be removed from the Committee's recommendations.
Douglas Winslow, 117 Colorado Avenue, supported acquisition of school
sites by the City. He opposed sale of Esther Clark Park. He emphasized
that trust in the City would be jeopardized if such properties, given to
the City for one purpose, were sold by the City for another.
Joseph Hirsch, 4149 Georgia Avenue, made some corrections to the Finance
and Public Works Committee minutes. He said that residents of the
southwest section of town did not have access to facilities elsewhere in
the City for its citizens. He said he and people in his area had petitioned
the PAUSD and the City not to take any action for at least two or three
years that would preclude the use of all of the Terman school site as a
public facility, and cooperatively implement a plan for maintenance of
the Terman Site for per nent public use. He gave a copy of those
petitions to Council. A poll of residents in the area showing desired
uses for the site was also given to Council. He thought that indoor
activities should also be emphasized in Palo Alto. He asked that Council
take whatever action was necessary to support establishment of a community
center at the Terman site.
Erin Riley, 1555 W. Middlefield, Mountain View, said that she thought
fears that the Ventura School' could not "...be filled up" were groundless.
The Daycare center she worked for made good use of the Ventura facilities;
another daycare center at Mayfield School was anxious to relocate for
Mayfield was deteriorating rapidly.
63
8/6%79
She hoped that another infant care center could be established --perhaps
at Ventura. She said that during her daycare center's occupancy others
had made inquiry about space at the school too. She hoped the City
staff would talk with her and her co-workers, and buy the school. The
school itself was also in use as a City park she said, and she did not
want thst aspect of it to be lost to the area.
Hans Wolf, 895 Mockingbird Lane, ;aid he had resided with his family
since 1975 in Palo Alto. Life in other urban centers had taught him
that all citizens benefited from park space, open space became inadequate
as cities grew in population, previous generations had made parks and
open space in cities available through planning and foresight. He thought
that the topic of purchase of open space was not controversial, but sale
of such space should be a very cobtroversial topic. He did not want to
deprive future generations of the'pleasure of the open space afforded by
Esther Clark Park.
Steve Mylroie, 415 Fernando Avenue, president of the West Meadow Neighborhood
Association, said the question of how much open space served the people
was before them. He said Ventura School site served as open space for a
very dense community, for there were about 20-40 units per acre in that
area. Occupants of such low- and moderate -income housing often did not
have automobiles to reach other open space, and so Ventura School site
served a real need.
Vice Mayor Sher commented or several general points raised by the
foregoing speakers: the Committee recommendations took no specific
position in relation to acquisition of the Terman site, other than that
the City would become involved in an analysis of possible purchase, with
a report due in 120 days; in relation to Esther Clark Park, which he
pointed out the City had purchased albeit at very good terms, the City
had to take into account the present offer of school sites, several of
which constituted urban, not rural parks, and were very useful as such
the City's method of financing such purchase in the present time of
constraint had to be worked out. Vice Mayor Sher said that residents had
asked repeatedly for a district park in Palo Alto west of El Camino --
Esther Clark Park had been considered for development for that purpose.
Terman could be thought of as an alternative to Esther Clark Park. The
City had not thought of selling all of the Esther Clark Park perhaps
only that linear portion along the creek. The park need not be sold to
a developer, he pointed out, and he said the Mid -Peninsula Open Space
District might be interested, or Santa Clara County Parks, He acknowledged
that the Committee recommendations had been made without having C..:fen an
opportunity to the public to explore the question of the possible sale
of Esther Clark Park or if there were sufficient funds elsewhere to
purchase the school sites now for sale along with others to come up for
sale in the future. He thought the direction to staff to explore abandonment
of Esther Clark Park could be postponed. Then, during the ensuing 120
days, staff could explore uses for the Terman site and report back to
Council the costs of all or portions of Terman, along with possible
sources of funds to buy school sites, should Esther Clark Park not be
sold.
Mayor Henderson asked that in the interest of expedition specific portions
of the Committee's recommendatioes be explored.
A discussion ensued as to which portion of the Committee's recommendations
ons
should be covered first.
Councilmember Brenner said she did not know how the City could let the
Ventura site go, in view of its strategic location in that area of town.
Councilmember Levy said he had participated in the Committee deliberations;
he said the recommendations were Vie first steps in a number of steps to
follow.
64
8/6/79
The Committee wanted to move forward on acquisition of Terman, Ventura,
portions of Garland and Ortega, on a basis that would keep options open.
Acquisition of the 41 acres of Terman had to be with considerations of
uost of operation and malr,teoance and the possibility of potential
partners in that. A large amount of money was involved in the overall
acquisitions, and tradeoffs woo1d be necessary. He agreed with Councilmember
Sher's view regarding Esther Clark Park. He endorsed recommendations A,
B, and C.
Councilmember Fazzino said he saw the Finance and Public Works Committee's
recommendations as conceptual --the motion before Council was the endorsement
of that concept. He agreed that acquisition of Ventura was high in
importance for acquisition. He thought the Committee's recommendations
had been reasonable; Council would get "...down to brass tacks" in 120
days. He thought the issue of sale of all or part of Esther Clark Park
should be reviewed by the Committee again soon.
Councilmember Renzel thought the Committee had done a good job. She was
strongly opposed to proceeding with park abandonment; she would like to
have that portion of the recommendation returned to the Finance and
Public Works Committee for reconsideration.
Councilmember Brenner said she agreed with the Committee recommendations;
she was relieved that discussion of the Esther Clark Park had been set
aside temporarily, yet she noted that open space in urban areas was also
in danger of disappearing with the closure of schools. Without the
results of the passage of Proposition 13 those sites would unquestionably
be preserved as open space; she hoped that alternate funding approaches
would be found so that open space, both urban and rural, could be retained.
Mayor Henderson said that if Esther Clark Park were to be the park area
for the section west of El Camino that would limit considerations of
uses for Terman—he did not t.hink the City was in a position to finance
two City parks: there could be more discussion on that in 120 days. He
did not want to raise expectations of citizens without careful financial
planning. He felt that mention of Esther Clark Park was only one of the
ways in which it was thought that money could be raised by the City.
Councilmember Eyerly said the City would have to look at every available
asset to preserve what open space it could. Mr. Sipel had said he would
like the City to negotiate with the school district on a mass or bloc
basis, rather than by single sites. He acknowledged that the Committee
had been somewhat forehanded so far as Esther Clark Park. He said that
when Councilmember Sher made his motion he would like to add to 0 that
the staff be given a definite assignment to contact the Mid Peninsula
Open Space District and others to see if Esther Clark Park could be
preserved in open space.
Councilmember Eyerly suggested it 0 be split and the direction be
given to staff to contact Mid -Peninsula Open Space and otters E with the
last part of 0 about park dedication abandonment to be deleted.
Councilmember Witherspoon said that she did not support taking staff
time to explore anything about taking Esther Clark Park out of park
dedication classification. If Mid -Peninsula expressed some interest in
buying it, the park would still conform to the City's park -dedication ordinance.
The process of possible assimilation by the City of the surplus school
sites was just beginning; other funding sources had not yet been explored
and she thought Esther Clark Park would continue in park dedicatfd use.
Mayor Henderson said he had also wanted to support the idea of having a
joint venture between the City and others who might he interested, such
as the Jewish Community Center, and also the idea of additional housing.
He observed that Greer and Gunn parks, along with Bel Park, totaled 27
acres, Loma Vista school 2.4; Barron Park School 2.5; Juan Br cones Park,
4,O --a total of 35.4 acres, that, with the addition of Tennant would be
about 42 acres.
55
8/6/79
Mayor Henderson called for a vote by sections, on approval of the Finance
and Public Works Committee recommendations.
SECTION A OF THE MOTION PASSED: That the City purchase all or part of
the Terman site individually or as joint venture with private and non
profit entities, and that staff develop individually or with other
entities a package to purchase and administer the Terman facility and
report back within 120 days, passed on a unanimous vote.
SECTION D OF THE MOTION PASSED: The motion that the City staff be
directed to negotiate for the purchase of the Ventura Site, and identify
uses along with an interim plan passed on a unanimous vote.
SECTIO1 C OF THE MOTION PASSED: The motion that Council indicate its
interest in the purchase of the Garland site and enter into discussions
to purchase and/or exchange portions of the Ortega site, passed on a
unanimous vote.
SUBSTITUTE MOTION FOR SECTION D: Vice Mayor Sher moved, seconded by
Eyerly, that "possible sale" be substituted for "sale," deleting the
portion of the ration that dealt with sale of Esther Clark Park, and
adding, That staff be directed to explore with the Midpeninsula Open
Space District, Santa Clara County, Los Altos Hills, and other appropriate
agencies, the possible approaches to preserve Esther Clark Pant in open
space and at the sane time provide funds for the City, and that staff
report beck in 120 days on the sources of funds for financing the four
sites and other school sites in which the City might be interested,
assuming none of Esther Clark Park were sold.:
Vice Mayor Sher explained that if other entities were consulted about
ways to preserve the Clark Park in open spaces it might be technically
necessary for one of them to acquire ownership of the park. if there
were to be sale to the Midpeninsula Open Space the City could place e
deed restriction on the property for preservation of the park.
Councilmember Levy suggested that the time of 120 days be extended toe ----
beyond election day, which occurred toward the end of that time. /'
e/
Vice Mayor Sher said he thought that to extend the time to six moths
would put the City "..,act of phase with the Terman site."
Jean Diaz, Real Estate Department, said.that a good idea of the costs of
Ventura and various alternatives et Terman could be obtained within 120
d s . He thought the suggested time frame was adequate.
Naphtal i Knox, Director of Planning and Community Envi ro ent, said that
the school district had asked the City to report back an its interest in
Purchase of the properties poi 4 aQ def F i to aa.v --eat before the end o f
-- --_,_-- •�• •.••_ ••••�•• g•vpv.aws before i.9� �lN, of
year. -_That re it nt'did not "lend itself to further delay.
SUBSTITUTE MOTION F0( SECTION D PASSED: The substitute notice for
Section D passed on a unanimous vote.
SECTION E Of THE MOTION PASSED: The notion that the City staff continue
to consider ways to raise funds to cover costs for newly acquired lands
and facilities passed oh a WOMMOUS vote.
Vice Mon Sher amplified that . Section E related not only to acqui si tl on
costs but also to maintenance costs. The staff report had so stated.
PAyor Henderson noted that a staff refit of May 24, 1978, had given
detail of future use of Terman property, along with costs of ant
RECESS
Council recessed to Executive Session regarding litigation from 10:00
to 13:25 p.m..
POLO AO PROCEDURES C SIJTf F
ENDS RE REDUCTION IN NUMBER
The Policy and Procedures Committee, by a vote of 2-2, returns to Council
without a recommendation the proposal to reduce the membership of the
number of Councilmembers on the City Council from nine to seven, and
putting the matter before the Palo Alto voters in November, 1979.
The Policy and Procedures Committee, by a vote of 3-1, recommends a
three -consecutive term limit for City Councilmembers, and that this
charter amendment be considered by the Palo Alto voters in November, 1979.
Councilmember Fazzino said the Policy and Procedures Committee had
considered the ratter at his behest. The intent had been to .Grease
efficiency. Until 1965 Palo Alto had elected 15 council meinoers for
six -year terns. In California only 13 out of 419 cities had councils as
large or larger than Palo Alto. Twenty-five cities had seven -member
councils, the number Councilmember Fazzino was proposing. Ninety-one
percent of California cities had five -member councils. Palo Alto Councilors
did not represent districts, and were at -large members. The larger the
number of councilmemhers he said, the more thinly responsibility was
felt, as percentage of voting power was assigned. Councilmember Fazzino
said a less -cumbersome council improved citizen access, and there would
be improved ability to handle regional and county responsibilities. He
said that most of Councilmembers' liaison responsibilities required
little more than a phone coll. He thought there were or1ly six or seven
major groups that took an appreciable amount of time. He did not intend
that the consideration of number of courcilmembers become political, and
he would favor implementation of the proposal as late at 1985, when
three seats, and not five, would be up for election. He said that the
question before Council that evening was whether or not to put the issue
before voters in November. He understood that would not cost much
money. He added that discussion on the topic in Committee had not been
acrimonious.
MOTION: Councilmember Fazzino moved, on behalf of the Policy and Procedures
Committee, issue of whether or not the number of Councilmembers should
be reduced to seven, be placed before the voters in November as a proposed
charter amendment.
Pat Cullen, 409 Melville, spoke on behalf of the Palo Alto Civic League.
She said that this proposal, "...resurrected from the 1965 Charter Revision
Committee, should not go on the ballot in November.' She said her group
thought the present council number was w+;:rki nth _ fine, and foresaw fto
beset t E rvia reducing the n er, and should _indeed he called " .a non--
i ssue. " She thought -a tha:rter revision committee that sought input from
various elements in the community, would be the rightful body to recommend
charter charge. .She said that her group urged "...non -action on this
non -issue."
She said that her cents were the same on the matter of limitation of terms.
George Gioumousis, 992 Loma Verde Avenue, . said he opposed both proposed
charter amendments. He thought both matters trivial; more serious
issues were Lack of voter turnout and excessive coign spending, along
with slate politics, in an at -large situation. He supported the idee of
a charter revision committee, which, if not set up, he would propose
"...at whatever forum I can reach."
Herb Borock, 3401 Ross Road, said he was opposed to both proposals. He
asked what would happen to a political minority on Council, and said
motion in rugs cold give sucha grouP _Porepower—the consequent
delegation of fore *ties to staff would take .a ay policy.decisioos fro
Council* in re1ati t attendance" at regional functions.
4
6
816/79.
Insofar as number of terms was concerned, he said that the-'diseasa'
of possible inadequate representation did not exist. He said he thought
true representative government would be brought about by 1) election by
district, in which candidates could meet with each voter in door-to-door
canvassing; 2) reduction of council terms to two years from four years,
so that Councilmembers' actions could be remembered by next election
time; 3) 1im+itTg campaign contributions, for expensive campaigns tended
to create belief in effectiveness when it did not exist.
Corrected
see page
146
Mayor Henderson said that former-Councilmember and mayor, Ed Arnold, had
telephoned, and asked that Mayor Henderson pass on his message, i.e.,
was there a compelling need for less than nine Councilmembers, which
would be the case only if assignments could not be covered. He did not
think that Councilmembers should specialize to the degree that they
would not be accessible to all citizens.
Councilmember Brenner said she had seen demonstrated that council business
could be conducted without acrimony in the discussions on the two proposed
revisions. She said that the political scene took time to adjust to
'taring.' During that adjustment the electorate did not have as good
control. She thought the burden of proof of the improvements to be
gained from the proposed charter changes rested with the proponents of
the measures. Comparison with other cities meant little unless comparison
WAS related to quality, which arose from citizen interest and participation.
She said "Our Council is available to the public." She thought an
active community like Palo Alto needed nine counci1members. As the
system now existed Councilors learned to depend upon each other for
becoming quite expert and looking after certain areas. Palo Alto's
Council, she thought, went into topics in greater depth than other
cities' councils. She said it took a strong staff to withstand that,
and she thought both staff and Council were strong. A good deal had
happened since 1965, she said, that had taken City affairs more and more
into the regional and state picture, where there was voter -constituent
representation. She said that there was not yet a direct election to
regional boards. "This phantom government, which is regional government,
is composed of regional districts and boards, and it's becoming more
important rather than less important ---the reason is money." She said
passage of Proposition 13 reduced local control, and now cities put
greater dependence on superior governments for funding, and that meant
to her that someone from the City, a Councilmember, had to keep tabs.
She co ented that the City's record of attendance at such regional
meetings had not been very good, though Councilmembere.had agreed
to attend. There were a total of 42 eseienments, and though alternates
could sometimes attend and not every single meeting had to be attended,
if the number of Councilmembers were cut each Councilmember would have
to take on one more assignment. She doubted if Councilmembers wanted to
give up one more night to attend another acting --attendance even at
Policy and Procedures meetings had been "...something less than perfect
over the last few years...wee ve had a hard tire getting a quorum, and
that's ournumberone assignment on this Council. °' If the ruction in
number of c it/RAIkzre t? i_ eitiz mere. Brost�e�1 request_ ;L- _...0..1 J
_ __ ..�. _. -....�. .� -..�...o. � ...�ew�r.+e V. �;;fi•.v..iw�-S�Y<'iJ4�-�ii� i���V
unhesitating,y plats the miter on the ballot, but 3b thought that
perhaps this "trial balloon" might low have been laid to rest.
Councilmember Witherspoon said her response to the two proposals had
been covered in the !minutes. She expressed surprise that the Civic
League opposed the proposals so strongly, because she had understood
they had held a public four on the subject. Her major concern, she
said, was the proposals' effects toward streamlining government. She
did not think reduction to seven councila ers old jeopardize attendance
at the six or seven "...really key committees ttees and commissions that
councilmembers sit on that have regional jurisdiction." She thought
those Councilmembers who served on the committees had done an outstanding
job of attendance, though there were some borderline bodies that had
been armed for a long g time that Councilmembers did not feel it was
worth driving a long distance to attend. She did not think there had
been any major absentee problems.
She saw no wrotrg in taking the issues to the voters, and putting the
date at which a vote in favor would activate, to 1985, gave voters ample
time to think about the matter. She anticipated that low -voter turnout
would change to having more voters when the election was held on a
general election date. She said that she had heard that voters had said
there were so mans candidates running they could not sort them out, and
so they didn't vote. She hoped Councilmembers would vote to place the
two proposals on the ballot.
Councilmember Renzel said Palo Alto was an exemplar to other cities for
good government and also innovation. Some of that was due to Palo
Alto's participation in regional governmental activies, she thought. She
said that the City's diversity in services justified representation by
nine Councilmembers.
Councilor tuber Fletcher said she saw no problem with the number of Councilmembers
as Council was now constituted. As shown by nearby communities with
fewer councilmembers, the length of meetings was not shortened by having
fewer ors. She did not think that a Council with fewer councilmembers
was .ore responsibe to the citizens. She thought the Council assignments
to committees and commissions were very important and she feared that
having fewer ors would lead to oveeloading on assignments. She
thought that Palo Alto benefited from Councilmembers' attendance at such
meetings. She was not in favor of reducing the number of councilmembers.
Councilme ber Levy said he shared the same views against reducing the
number of Councilmembers as Councilmembers Brenner, Renzel and Fletcher.
Vice Mayor Sher said he did not think the newspaper had succeeded in
making a viable issue of the two proposed charter changes --there was no
general public sentiment for reducing the number or limiting terms
served. He agreed with Counci limber Brenner's "...very systematic and
logical and lucid stat;e'nent of the reasons to vote against both of these
proposals; I'm completely convinced, and 1 will vote against both of
them."
Mayor Henderson said there were strong arguments for reduction of number
of count i 1 +bars and he thought the matter should go to the voters.
Palo Alto was the smallest city with so rrany councilmembers. He said
Councilmembers did not have too many assignments, and he said that it
was net true that there were 42 assignments. "Aside from the two standing
committees there are around a dozen significant assignments, that should
take any significant amount of time, I should say. More than one Councilmember
spoke of wanting more assignments after I had given them out. There are
comments that we are so much more efficient than others --I'm not sure
that we art so much more efficient --we are a very high quality City and
I hope we represent it in a quality manner, but it's the quality of
service; the quw1 i ty of service is not measured d in numbers but in the
quality of ors who areproviding that service Meenr Mender= raid -
E.hat in response to _the caw; • that numbers of and minorities
elected would go dam, he thsTought women and minorities should be elected
n merits and Palo Alto has proven it will do so, .regardless of the
size. Pe thought that was a Putting down of women and minorities to say
that they would be elected only if there were a large number of seats to
fill. People who wanted to contact all Councilmembers had complained of
having to contact nine; staff also had to work with nine, thus adding to
staff's duties. He thought it was a good idea to let the voters decide;
he would support the motion.
Council r Cyerly said he thought that the raising of the issue
indicated to him that Council should be aware of the signs of the times
as could be sh,lon by lack of voter participation at election time,
though spec i aft• agenda items did bring people out in pressure groups. In
his four ye� on the Council he thought it had accomplished quite a
bit, Which, him, sherd that it was not bogged down and did not need
streamlining, yet he thought that if Council did not continue to do so
ewes toward stret►aal i ni ng would take place. He thought that Council
would have to continue to do so or voters would ask for a smaller Council.
8/D09
MOTION FAILED: The nation, that the issue of reduction of number on the
Council to seven be placed on the November Ballot failed on the following
vote:
AYES: Brenner, Eyerly, Fletcher, Levy, Renzel, Sher
NOES: Fazzino, Henderson, Witherspoon
MOTION: CouncilMember Fazzino moved, on behalf of the Policy and Procedures
Committee, that a three consecutive term limit for City Councilmensbers
be placed on the November ballot as a charter amendment in November.
Councilmenber Fazzino said there was a tendency for elected officials to
protect their posts, sometimes at the expense of citizens. He thought
true democracy should allow as many citizens as possible the opportunity
to serve the community. He said that many talented citizens were willing
to serve Palo Alto, yet it was difficult to unseat incumbents in any
community, Palo Alto included. During 1951-1965 Palo Alto had had e
two -term limit. but the terms were six years long. The Policy and
Procedures Committee, with a 3-1 vote, had decided a three -consecutive
term limit was best. As a public official I think there's a tendency
toward a feeling of being indispensable, and I think it's extremely
important for all members of the Council, or a political body, after a
period of time, to be forced to get back into the community and gain
some different perspective of the Council's work. . . ."
AMENDMENT: Mayor Henderson moved, seconded by Fazzino, that the number
of consecutive terms to be served be limited to two.
Mayor Henderson said he had observed that terms were limited to two
...more and more throughout the country." The incumbent was usually
favored, he said, and other talented and capable people in the community
should have chances to serve.
Counci Im r Brenner said she had been impressed with Pat Cullen's
remarks saying that it was a citizen responsibility to initiate charter
changes. She thoucsrht that Palo Alto had not had undue probl ells . In the
absence of that and other ills she thought it would be wise to "...let
the electorate pick the subjects that are a little harder to discuss...and
not throw something like this at them just willy ni11y."
Vice Mayor Sher said that if the amendment were to pass it would mean
that he could not run for reelection in two years, nor could Councilmembers
Witherspoon and Eyerly.
Mayor Henderson said that the charter amendment was posed for 1985.
Vice Mayor Sher said that that was not the way the action read 06 tee
agenda . - From a reading _ of th _mleetes h theeFght the 5 dote referred
to postnorement of rediction_ i n _ t e sr i ae of - - - Council.
Councilmember Fazzino said that the its date applied to the limitation
of terse as well.
Mayor Henderson said he would add the 1985 date to his amendment.
PASSED: The t passed on a unanimous voice vote.
Vice Mayor Sher said that the term limitation would affect everybody
if it were adopted and went into effect. In respect to the amendteent
nos before Council, he recalled that doh Beahrs and Kirke Comstock had
been elaciad to three terms, "...and Bald anyone here say that it was a
bad thing that they served that third term. "
79
8/6/79
He felt the City would have lost the diversity of those two counclln ers'
paints of view had there been such a term limitation then. He knew of
no urgency at which the charter amendment would be aimed. He favored,
along with Councilmember Brenner, leaving to the public the question of
such assumed urgencies. He would vote against both the amendment and
the main motion.
MOTION AS AMENDED FAILED: The motion that the number of consecutive
tears to be served be limited to two, effective in 1985, failed on the
following vote:
AYES: Eyerly, Fazzino, Henderson, Witherspoon
NOES: Brenner, Fletcher, Levy, Renxel, Sher
Councilrnernber Brenner introduced the following ordinance and, seconded
by Renze d , moved its approval for first reading by Council:
ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO ADDING SUBSECTION (e) TO SECTION
10.40.045 OF THE PALO ALTO MUNICIPAL CODE TO
AUTHORIZE PARKING PERMITS TO BE ISSUED FOR
EMERGENCY REPAIR WORK (FIRST READING)
and, incorporated in the ordinance the annual parking fee for e ,e:Agency
maintenance parking of $240, in the municipal fee schedule.
Counci1r ber Brenner said she thought that such permits extended the
extraordinary benefit of freedom to park anyplace in town.
Counciimember Eyerly emphasized that the ordinance spoke to an emergency
situation, such as for plumbing emergencies, and the like. Built into
the permit was the requirement that a filing had to be made whenever and
wherever the permit was used. 1f cost of the permit was too high the
service man would rather pay a traffic ticket. He thought the proposed
annual cost of $120 was about right.
AMENDMENT: Councilmember Eyerly moved, seconded by Fazzino, that the
e eroncy parking permit fee be set at $120.00 annually, as recommended
by staff.
Courrcil er Fletcher said that the emergency parking permit would be
used only occasionally, unlike the normal parking permit holder who used
a space8fir;:aday 5days __a=week_tecostshould be ►'t.
Counci it Levy said he did not think the cost should be more than
was needed for the monitoring of such permits. He felt that a large fee
couldbe thought to be discriminatory against smaller firms.
Vice error Sher ascertained that at present firms were issued emergency
parting permits, and that the limit per company was one. A conventi ona l
permit was needed for conventiofial parking needs in City lots, should
such parking be needed, fog which $140 was paid annually.
AMEW)MENT PASSED: The amendment,. that the emergency parting permit fee
be set at $120.00 annually, passed on the following vote:
AYES: Eyerly, Fazzino, Fletcher, Henderson, Levy Sher, Witherspoon
NOES: Brener, !mantel
MOTION AS AMENDED PASSED; The cation, that . Council amt the ordinance
regarding emergency panting pelts, as amended, for first mediae
passed on a unanimous via.
ter)
Councilmember Brenner said she thought the draft letter very good; she
thought it should be addressed to the decision -maker in this case, the
Regional Water Quality Control Board, rather than the Environmentl
Protection Agency (EPA). She thought the Regional Water Quality Control
Board (RWQCB) should be asked to modify the basin plan so that it could
conform to the recommendations of the South Bay Dischargers and to the
those of the EPA. She wanted to support Palo Alto's representative, who
was a member of the South Bay Discharger's group as well as RWQCB.
However, a conflict -of -interest issue prevented our representative from
voting on this particaular item for the RWQCB, she said, and so she
wanted the Palo Alto Council to speak for itself in support of the
direction now being taken by South Bay Dischargers.
MOTION Councilmember Brenner moved, seconded by Renzel, that the
addressee be changed to the Regional Water Quality Control Board.
Mayor H+e"$arson voiced the wish that it would not become a common practise
that Ccsncilmesnherr take up matters which were being handled by other
Councilmembers in their representations for the City, without discussing
the matter first with the representational Councilmember. He said he was
a charter member of the South Bay Dischargers Authority and he had never
missed a meeting except {or the two years that he was off the Council.
He said that the letter as first written served no purpose. The letter
was now changed. "First of all, everybody is totally aware of Palo
Alto's position. This letter was addressed to the wrong agency. The
EPA hearing is closed. The file is even closed. The EPA has recommended
against the project. As a matter of fact, the project, as such, is
dead. It has been killed by both the EPA and South Bay Dischargers.
The only thing left is the Regional Water Quality Control Board has the
problem: of whether to change to amend its San Francisco Basin plan to
eliminate the requirement that there be no wastewater discharge south of
the Dumbarton Bridge. If they don't alter that, glen the South Bay
Dischargers are going to have to meet to find some alternative for the
pipeline...my inability to vote on this subject of the changing of the
basin plan of the Regional Water Quality Control Board really has nothing
to do with the subject. None of the South Bay Dischargers Authority
members has anyone on the Regional Water Quality Control Board to vote
on the subject. I'm the only one that happens to be on it, and the fact
that I can't vote on it doesn't wake any difference in relation to the
other cities --in fact, Palo Alto has considerable edge. Even though I
must abstain other ors of the Regional Water Quality Control Board
have heard quite a bit from a on this subject. . . ." He emphasized
that he was well up on the situation, and it eouid be a waste of time to
write the letter.
Counc } l _ as r
board, and so
if the letter
oppos i tion to
letter to the
Eyerly silo he also had served on the South Bay Discharger
he supported Mayor Henderson's comments. He did ',got know
as now written was exactly true in regard to "continued
the pipeline." He would -oppose the salon to send the
Councilmember Renzel said she had been,a 'baywatcher£ for a long time,
and she had been very opposed to the proposed discharger pipeline.
Establishment of the South Bey Dischargers authority had been in response
to RWQCB requiremente. She said, "...and I don't think it would hurt,
for the City of Palo Alto also to directly address the matter at the
Regional Water • Qual i ty Control Board, which had been the instigating
force behind organizing the Dischargers (authority) in the fiat plate."
She thApght Palo Alto should be very clear on the matter because the
C1ty rshes weld be very adversely affected with the discharge
should the pipeline he laid; with the digging of an 8G -foot wide trench.
She favored gettinig the letter off to RWQCB.
Mayor Henderson said "I just want to repeat --the pipeline itself
is dead...the Environmental Protection Agency (EPA) hes declared it
dead." He said that the motion, in that case would be to rewrite the
letter, so that it spoke to the basin plan.
Councilmember Brenner said the letter should ask that the basin plan be
modified,
MOTION FAILED: The motion, that the letter speaking to modification of
the basin plan be addresseJ to the Regional Water Quality Control Board,
failed on the following vote:
AYES: Brenner, Fazzino, Renzel, Sher
NOES: Eyerly, Fletcher, Henderson, Levy, Witherspoon
PRITamcc Pc TVLAAVila
City Manager Pro Tem, Ann Tanner, said a fetter on the topic of tree
houses had been received from the Oinwiddies, who had initiated the
subject. They had asked that it be continued to Tuesday, September 11.
(Monday, September JCL was Admission Day and therefore a Holid&y.)
MOTION: Councilmember Fletcher moved, seconded by Levy, that the matter
be continued to Septeter 11, 1979. The motion passed on a unanimous
voice vote.
Councilmember Witherspoon left the meeting at 11:40 p.m. and did not return.
INC
11
Vice Mayor Sher said he had removed the item from the Consent Calendar
because the staff recommendation had been to refer the matter to the
Finance and Public Works Committee, yet it appeared Council was expected
to approve the ordinance that evening.
Ed Aghjayan said that the report reference was confusing --it was simply
(an error. He would like Council to approve the ordinance that evening.
He recalled jled that a report had been
•Cf� ivy LF
3i ! ouiic$ l + � n June stating the
need for additional staff in the engineering division.
Vice firSher agreed that the information about the need to reverse,
from a_reductKill-of_ ]leeee+:__t*_efeeddetlee .,f_.mple-____ _- 0000
- D
that nothing _ had_ beenArme t _ Inez -t a bu t accordingly, or hied tt
bin done on a contingent basis? The Done 14eaqMo Mae wr;i t o _before
-the budget had been approved, hd noted.
Mr. Aghjayan said that when the area had been writtee the engineering
division had known its workload would require more staff, but they had
wanted to give the matter more detailed thought before asking for the
budget ameodeent, so the request old be more carefelly dry up.
Vice Mayor Sher stated that he would have preferred that the request had
been made at the time, rather than Welting to make -it nowe-he preferred
not making budget amendments when they could be avoided. If such an
aMeedment had to be made he mould rather have_ it go through the full
review p r s , with reference to the Finance and Public *arks Committee
MOTION. Vice Mayor Sher armed, seconded by Fleur, that Council
authorize the additional position in Public Works, Engineering Divi4ion,
for Principal Engineer, ate. reclassify an existing position of Engineer
Titian 111 to Assistant E i POor, 40d to that • ehd that Council
epprove the following ordinamee
• 7
8 W19
ORDINANCE 3146 entitled ORDINANCE OF THE COUNCIL
CITY OF PALO ALTO AMENDING THE BUDGET FOR THE
FISCAL YEAR 1919-8O TO PROVIDE FUNDS FOR ADDITIONAL
STAFF IN THE ENGINEERING DIVISION OF THE PUBLIC
WORKS DEPARTMENT.
0
The motion passed on the following vote:
AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Renzel, Sher
ABSTAIN: Levy
ABSENT: Witherspoon
nt n rom JulypAN233,1979)
MOTION: Mayor Henderson moved, seconded by Fazzino, that Ann Tanner be
appointed City Manager Pro Tem for the period August 1 to. September i,
at $4028 compensation per month. The motion passed on the fol 1 owi ng
vote:
AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy,
Renzel, Sher
ABSENT:: Witherspoon
ael2.222122,LSITY CLERK PRO TEM
MOTION: Mayor Henderson moved, seconded by Renzel, that Shirley Poitras
be appointed City Clerk Pro Tee+ for the period August 1 to September 4,
at $2300 per month compensation. The notion passed on the fallowing vote:
AYES: Brenner, Eyerly, Ninth °, Fletcher, Henderson, Levy,
Renzel., Sher
ABSENT: Witherspoon
Councilmember Fletcher said that for some time she had been concerned
b►eceuse projects which had undisputed impact on the environment would
proceed through the approval process without _ review __ by th _ Plenninl
Co==isziaii Of the City Councii. holed the ----4i+' y f havin -1_.s3 -- ---.
pi ay proposed s lar o sculpture receive C il and Planning Commission
review, but there being no mired Coil orPlanningCommission
review for a proposed 200,000 square foot shopping center expansion.
She said: °I contend that any project significant enough to require an
EIR sho 1d routinely be sent to the Planning Commission for recommendation
to theCouncil."
MOTION: Couunci le ember Fletcher moved, seceded by Reuel, that applications
for projects for which EIR's are mired be referred to the Planning
Commission, and that staff be directed to draft appropriate implementing
legislation.
Counci Imweber Eyerly said he opposed the motion bemuse the present
procedure permitted staff to require mitigation measures oe specified
E IR's; #o, present zoning requineents sere effective tauard saving
staff time on proposed developments, and if a variance were required
than it would be different? Therefore he thought those iforeentiohed
potions node the other steps wornness and tine-conswr1ng.
74
8/6/79
Councilmember Fletcher acknowledged that staff did work with developers
regarding EIR's and did require mitigating measures. She changed her
motion to read: "Applications for projects for which Environmental
Impact Reports are prepared...." She said that the change would then
give latitude for staff to work out mitigating measures and therefore
avoid necessity for an EIR.
Councilmember Renzel agreed to the change in the motion.
Counc'ilmerrobar Fazzino asked Naphtali Knox, Director of Planning and
Community Environment, if the City's interpretation of California Environmental
Equality Act (CEQA) by the City might explain some of the preaent procedure.
Pr. Knox replied that he did not think so. He understood Councilmember
Fletcher'.s revised motion to say that any peoject requiring an EIR would
go to Planning Commission and Council, and that was not now the case.
Cases where there were mitigated negative declarations had been left out
of the motion.
Councilmember Fletcher aupl i fi ed that with both the current proposed
2(X!,000 square -foot shopping center expansion and the construction of
Hewlett-Packard's world headquarters the decision -making body had been
the Architectural Review Board. That Board's membership was appointed
for different expertise from that of Planning Commission ors.
Mayor Henderson expressed gratification that the subject of the changed
approval procedure was before Council. He felt it a as somewhat inappropriate
that Council rand not addressed the Hewlett-Packard expansion. He favored
the motion.
MOTION PASSED: The motion, that applications for projects for which
EIR's are prepared be referred to the Planning Commission, and that
staff be directed to draft appropriate procedures for implementation,
passed on the fallowing vote:
AYES: Brenner, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher
NOES: Eyerly
ABSENT: Witherspoon
Councilmember Fazzino said that he would wi thdrom this item; since
placing it an the agenda he had learned that staff would make a report
on the matter.
Maphtali Knox, Director of Planning and Community Environment, said that.
staff had reported on the Byrn -ice i ogg street petition six times in
the past five years. Eighteen requests for a stop sign had been received,
Staff checked state guidelines, end would report to Council 4n late
September.
Councilmember Fazzino said the workload of the Finance and Public Works
Committee was greater than that of the Policy and Pyres Committee
Involvement 1 th new programs had been diminishing since 1975 and then-
_ City Manager Sipel hod stoggested that Counc1 t ern re-evaluate the
purposes of the Poi i cy and Procedures Committee. Councilmember Fazzino
revs eyed the duties of the two co l ttees , saying that a l 1 issues with
any financial *pact were referred to the Finance and Public Works .
Committee even if policy on swch totters !mad not been established.
75
8/6/79
Since 1970 the Utilities Department considerations had become major, and
establishment of a separate Utilities committee had been discussed --
perhaps Utilities should be a subject for one of the standing committees.
He thought the question should be. referred to the Policy and Procedures
Committee for review. Staff could assist by researching some of the
committee work over the past few years, toward the end of equalizing the
work load.
i
A
MOTION TO REFER: Councilmember Fazzino moved, that inquiry into the
matters being dealt with by the two standing Council committees be
referred to the Policy and Procedures Committee.
Councilmember Brenner said she and Councilmember Fazzino were enthusiastic
about the idea of reviewing the two committees' responsibilities, toward
the end of strengthening the system of having the Policy and Procedures
Committee complement the work of the Finance and Public Works Committee.
Councilmember Fletcher said that she thought that staff time need not be
taken by the inquiry; referrals to proper committees at the Council
level were what was needed. She recounted some examples of what she
thought to be inappropriate referral to the Finance and Public Works
Committee: naming of a slough in the Baylands; traffic on Hamilton
Avenue; proposed use of open space fronting Arastradero Road,
Councilmember Levy said that he thought a proper referral to the Policy
and Procedures Committee would be an investigation of establishment of
citieens' commissions in areas of utilities, libraries, par=ks; also,
perhaps a charter revision committee.
AMENDMENT: Counci 1rr ber Levy moved, seconded by Fazzino, that the
motion to refer also include discussion of the setting up of citizens`
commissions or committees.
Councilmember Fazzino said he favored the idea of the amendment; however,
he did want to keep the issues separate at the committee level.
Mayor Henderson ascertained that Councilmember Levy would agree to
putting the subject of his proposed amendment on the agenda for a subsequent
meeting as a separate matter.
AMENDMENT WITHDRAW(: - Councilor Levy agreed, and said he would
withdraw his amendment.
Mayor Henderson said he thought that more thoughtful referrals at the
Council level wouldrectify the imbalance of workload between the two
co i ttees .
Councilor Fazzino said that the question had been addressed ea e
time back and there was 1r formatinn- AvailAble_ nn tom_ tr ►►ic_ 'e '14d not
thinly teh stiff time would involved. He
dam, h _M_ i
••••� •���•: _�. staff time _intii33i2 be �!#Yta`1!'�.'S#:: i3e- �147�FIL �[R331F°___F�5T7feefwhi. the
structure was in order.
Virg for Sher agreed thatit would do no harm for Policy and Procedures
Committee to review the work of the two committees.
MOTION TO REFER PASSED: The ration that Council refer the reviewal of
matters being dealt with by the two standing Council committees to the
Policy and Procedures Committee passed on the following vote;
AYES: Brenner,Eferly, Fazziro, Levy, Renzel, Sher,
NOES: Henderson, Fletcher
.SENT: Witherspoon
diet Renzel referred to a leer Councilembers had in fir
i ' 4.'
packets from Ms. McPherson of the Pa'o Alta Housing Commission. In the
letter Ms. MacPherson outlined how HUD regulations might adversely
affect the procedures which Palo Alto had been using very successfully.
MOTION: Counci1nember Renzel moved, seconded by Henderson, that Council
authorize the Mayor to write a letter to HUD regarding the modifications
the Palo Alto Housing Corporation had suggested for those HUD regulations.
Councilmember Renzel said she had ascertained that Congressmen McCloskey
was prepared to follow up any letter from the City of Palo Alto with a
letter from his office, and the other two congressmen might do the same.
She said she had two modifications to the proposed letter: 1) copies
should go to Congressmen McCloskey, Cranston and Hayakawa; 2) the last
sentence in paragraph 2 of page 2 to read instead: "Webster Wood is now
occupied by approximately one-third minority residents, a number well
above the 12 percent overall, found in Palo Alto.
The motion passed on a unanimous vote, Councilmember Witherspoon not
present.
ORAL COMMUN I CATIONS
None
ADJOURNMENT
Council adjourned the Augest 6, 1979 meeting at 12.15 a.m.
A.TTE V: APPROVE:
Mayor