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Home My WebLink About1980-01-21 City Council Summary MinutesCITY COUNOL MtNUTES Regular Meeting January 21, 1980 ITEM Minutes of December 10, 1979 and December 17, 1979 Oral Communications 1. Norman J. Gordon, 27933 Briones Way, LAM 2. Jack Otto, X157 Louis Road 3. Mike Louis, 580 Alger Consent Calendar - Action Items Public Utility Regulatory Policies Act (PURPA) Utility Rule Changes to Permit Separate Services to Two Single - Family Houses on One Lot Ordinance Amending Municipal Code - Unmerging Merged Lots 1040 Colorado Avenue --Application for Change of District From RM-4 and PF to P -C by Rogers and Brook and Steve L. Suddjian Amendment to Environmental Impact Review Procedures Vacation of Public Utility Easement Adjacent to Old Adobe Road Hamilton Avenue Traffic Diverter at Guinda Hiami l ton Avenue Traffic Diverter at Gu. i nda (Continued) 3833 Middlefield Road - Application for Preliminary Parcel Map by Steve L. Suddjian 187-189 Bryant Street - Application for Tentative Condominim Subdivision Map by H.C.C. Incorporated ?O5-iid Exerson Street-- Application for Tentative Condominium Subdi -inn Nap by Hoovers Emerson Properties 12.9 Pine Street Comprehensive Plan �b1 is arir_+g; ' _S= _ , _. .,S , ... . .�.. Change Zone Change from PF to R -I and Preliminary Parcel Map 1040 Colorado Avenue - Application for Change of District from RM-4 and Pf to P -C by Steve L. Suddjian, Inc. and Rogers and Brook, Inc, CITY or PALO Al TO PAGE 388 388 389 389 389 389 389 389 3 9 0 390 390 3 9 0 39 3 396 396 396 397 397 4040 El Camino Real - Application for Exceptions to Non -Conforming Use Termination Pvision4 by Dr. Sydney Smith 3 9 8 Status of Stanfot 1 Industrial Park Shuttle Local Advisory Proposition on Sales Tax Revenue Distribution - Continued to February 4, 1980 f 0 2 :: 386 V211110 404 408 409 409 Gas Rate Increase CITY COUNCIL M1NUTES CITY PALO 'ILTQ ITEMS, Continued PAGE North Santa Clara County Solid Waste Management Program-- JPA Recommendations - to Continue 4 0 2 403 Downtown Park North --Recommendations for Back Yards and 244 Ki pl i ng Fence for Municipal Golf Course Driving Range --Approval of Budget Amendment and Contract 4 0 7 225-231 Homer and 748 Ramona - Application for Change of District by Charles Wing 4 0 8 727 and 744 Ramona Street - Application for Change of District by Thomas E. Harrington Request of Councilr ernber Levy re Five -Year Financial Estivate Cancellation of January 28 meeting 387 1/21/80 Regular Meeting January 21, 1980 e 1 The City Council of the City of Palo Alto met on this date in the Councilchamher at City hall, 250 Hamilton, at 7:30 p.m., Mayor Henderson presiding. PRESENT: Brenner, Eyerly, Fazzino, Fletcher; Henderson, Levy, Renzel, Sher, Witherspoon ABSENT: None MIHO TES Q : DECEMER 10 19 9 Councilmember Fletcher asked that on page 332, seventh paragraph, the phrase "...that had been neglected by former Councils." be deleted. Councilmember Renzel asked that on page 333; fourth paragraph, there be inserted sentences reading: "About one-half of our rental housing in Palo Alto is single family, Rents will no longer carry the purchase cost of single-family units, therefore the total rental market would diminish as prices rose and qualifying buyers became fewer. Meanwhile, sellers of apartments jack up rents to maximize their sales price, and then a new buyer jacks prices up again to maximize the return." Councilr ber Renzel asked that on page 334 the third paragraph read instead: '`Councilmember Renzel recounted an episode involving a woman who, between ages 89 and 97, had had to move three times owing to rent increases." Councilmember Witherspoon asked that on page 333 the second sentence read instead: "She added that 50 percent of rentals of single family homes could easily be sold and taken off the rental market. . . ." She asked that on page 333, same paragraph, the next to last sentence read instead: "Although people could skimp on other necessities it was impossible to do so in the case of rent." MOT 10N: Councilmember Fazzino raved, seconded by Witherspoon, that the minutes be approved as corrected. The motion passed on a unanimous voice vote. MINUTES OF DECEMBER 17,1 1979 CONTINUED MOTION: Mayor Henderson moved, seconded by Renzel, that the minutes of December 17, 1979, be continue. The motion passed on a unanimous voice vote. Ail. COMMUNICATIONS I. Dorman J. Gordon, 27933 Briones Way, Los Altos Hills, said that the Nova Vista Symphony had moved to Sparrgerrt ig Auditorium for its fourteenth season. It would be directed by Dr. Loren Jacobs. He said that children under 12, if accompanied by an adult, would be admitted free. Students and those over 65 were admitted at half the regular price of $3.50. He gave some of the schedule of concerts. Mayor Henderson gave Mr. Gordon a proclamation from the City of Palo Alto concerning Nova Vista Symphony Week for January 27 to February 2, 1980. 388 1/21/80 2. Jack Otto, 3157 Louis Road, limited vision at the exit from suggested that "Yield" signs be recounted hazards resulting from Alma to Oregon Expressway, and posted. 3. Mike Louis said he had been a resident of Palo Alto, along with his wife and four children, three of whom were handicapped, and he told of what he felt to be inconsiderate treatment at a rental radiation meeting between him and mediation personnel. He asked for help in his difficulties resulting from being asked to move. CONSENT CALENDAR Councilm aer Brenner asked that three matters concerning solid waste, application for change of district at 1040 Colorado, and application for exception to moratorium at 4040 El Camino Real be removed. Vice Mayor Sher asked that the matter concerning the gas rate increase be removed. Councilor Levy asked that the natters concerning Downtown Park North and € unicipal Golf Course fence be removed. The following ite s remained on the consent calendar: PUBLIC UT I L I TY REGULATORY 118:0) On November 9, 1978, President Carter signed the National Energy Act. Palo Alto and other utilities with electric sales above 500 million kw hours are covered by PURPA, which organization was formed to encourage conservation of energy, efficient use of facilities and resources and equitable rates to electric customers. At this time staff recommends that Council designate the Finance and Public Works Committee as the hearing body to conduct public proceedings for consideration of the eleven "federal standards" in accordance with PURPA, anticipated to take place in about six months. UTILITY RULE CHANGES TO PERMIT SEPARATE SERY1I S TO TO sTRITE-FAMILY Staff recommends that Council find that the proposed amendments to regulations will not have a significant environmental impact, and adopt the proposed resolution. (Ann --no resolution herewith, could it be RESOLUTION 5727 entitled RE3OLU1IOI1 OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING UTILITY RULES AND REGULATIONS OF THE CITY OF PALO ALTO ORDINANCE SING MUNICIPAL CODE UNIERGING MERGED LOTS ORDINANCE 3178 entitled "ORDINANCE OF THE COUNC I L OF THE CITY OF PALO ALTO AMENDING SECTIONS 18,88.fl50(c) and 21.04.040 OF THE PALO ALTO MUNICIPAL CODE . " (First reading 1/7/80) Passed 8-1, Renzel voting "Now. 389 1/21/8© 1040 COLORADO AVENUE --APPLICATION 'R CHANGE OrDISTRZCT FROM R. -4 AND PF TO P -C The Planning Commission, by a 5-0 vote, recommends approval of the application of Rogers & Brook, Incorporated, and Steve L. Suddjian, Incorporated, for first reading of an ordinance for a change of district of property located at 1040 Colorado Avenue from RM-4 and PF to P -C. "ORDINANCE OF THE .COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL. CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 1040 COLORADO AVENUE FROM RM-2 and PF to P -C." AMENDMENT TO ENVIRONMENTAL Ci a 117:0) The following resolution amends the City's environmental impact review procedure so that environmental impact reports are referred to the Planning Commission for recommendation to Council. RESOLUT101 6763 eiit$ t1 eu RESOLUflO1 bF *TF E COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIONS 6.08 AND 9.07(a) OF PROCEDURES FOR ii4PLEMENTATION OF THE .CALIFORNIA. ENVI ONMENTAL QUALITY ACT," VACATION OF PUBLIC UTILITY EASEKENT 0) Staff recommends that Council adopt the resolution. RESOLUTION 5764 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OF INTENT TO VACATE SURPLUS PUBLIC UTILITY EASEMENT AT THE TERMINUS OF OLD ADOBE ROAD." MOT I OA! : Councilmember Fa zz i no moved, Seconded by Witherspoon: that Council approve the consent calendar. The meotion passed on a unanimous voice vote, Councilmember Renzel voting "no' on the ordinance that unmerged formerly merged lots. MOTION: Vice Mayor Sher moved, seconded by Councilmember Fazzino, that the matter concerning the Hamilton Avenue traffic diverter be brought forward on .the agenda. The mention passed on a unanimous voice vote. HAMILTON AVENUE TRAFFIC - y �,�:• .,:�s, M yor Henderson, ez l al ned the background of the Harm l ton Avenue , di verter. . He said that Ccunc1l and staff .served pubs is wishes and needs; there had been considerable pressure by residents to ameliorate traffic on Hamilton Avenue and citizens had submitted a petition thet a diverter or other obstacle be installed. Although a staff study of City-wide traffic needs was underway, staff had recommended installation of a diverter so that a six-month study of its effects could be made. Igor Henderson emphasized that far from foisting its actions on the public the City staff had been very responsive. Ted Noguchi, Director of Transportation, added that the Hami 1 ton Avenue diverter was supposed to have been considered in the context of the University Avenue corridor:, due to came before Council in April. 390 1/21/80 Corrected:ouncilmember Brenner See pg. establish a Citizens' 470 2/25/80 Mayor Henderson asked speakers on the topic -Council had a full agenda that evening. Councilnember Eyerly asked if removal of the barrier at Hamilton would interrupt the University Avenue corridor study. said she intended to make a motion thet Council Traffic Committee. that speakers not repeat comments made by other Mr. Noguchi said that removal of the barrier would mean only that the study would be undertaken without consideration for the barrier. If the barrier were not removed it would continue in its present form, but of concrete, not the present asphalt. Eemyel Armirian, 553 Patricia Lane, said he had lived at his location for 30 years. The Hamilton Avenue barrier was an unanticipated barrier in his way as he went downtown. He had not known of any public hearings before it was installed. He held that the street was public and should be open to the public. He acknowledged that traffic was onerous, but he said the City could not return to the past when there were fewer people and fewer motorists. He asked that the barrier be removed. Al Kartchner, 577 Patricia, said he had lived in Palo Alto since 1945; signatories on the petition that he had also signed thought the traffic diverter was objiertionable for many reasons and he asked that Council have it removed. George Porter, 938 Hamilton said his home was one of those on the street that had been protected by the barrier, and he wanted it retained. Truck traffic had diminished, he said, and some of the other streets in the area were new bearing their fair share of traffic. He wanted the barrier kept for three more months of the proposed six-month study. Wallace P. Winkler, 565 Rhodes Drives said he had been a Palo Altars for 26 years. He wanted use of Hamilton Avenue re1urFted--it•wes a -'natural route, and he saw no reason to have a barrier to protect children who should not be playing in the streets anyway. He said there were 12 stop signs in a two-mile distance on the street. He had not heard about'any ..: intent to install a barrier. Mrs. Charles Moulds, 505 Guinda Street, confirmed the aforementioned inconveniences caused by the Hamilton Street diverter. She said her street, Guinda, was "...not able to cope with the confusion, noise and congestion. . . ." caused by the diverter that created more problems than it solved. Edith Bergstrom, 570 Guinda, had lived there since 1966. She enumerated cc laints made by others who bad spoken before, stating that accidents and near accidents had increased since installation of the diverter. Mr. Charles Moulds, 605 Guinda, confirmed statements his wife had made. He said he could not safely get out of his car on the Guinda side, due to increased traffic. Eloise Smith, 756 University Avenue, Villa Capri, said she had been a Palo Alto resident for 50 years. She said she did net know about the installation of the diverter until it was in. She outlined the traffic pattern at her condominium, and deplored the increase of traffic hazards on the private driveway. She asked that it be removed. Mayer Scher, 939 University Avenue, had lived at his-addtess 31 years. He did not think another three months' study was needed to show the traffic diverter was a hazardous inconvenience, and he wanted it removed. It also increased traffic on his street. 391 I/21/80 Mike Goddard, 1140 Harilton,, said he had lived on the street for 30 years and had raised 3 children "..:With no disasters." The inconvenient traffic diverter should be removed. He thought it had been installed to fulfill political promises. 1 Tom Anderson, 1468 Hamilton Avenue, represented his wife and two neighbors as well as himself in favoring the barrier. He wanted it retained for the three months needed to make a six-month study. He said residents had been told there would be a series of neighborhood meetings with City staff to discuss effects of the barrier, and they had not taken place. He thought an overall solution to heavy commute traffic should be developed; the new Dumbarton Bridge would increase it. He thought industry and business were becoming more important to the City Council than the residents. Andrew M. Spears, 950 Matadero Avenue, said he had been asked to represent residents of the Villa Capri apartments. He hoped the diverter would be removed before the six-month period ended. He enumerated the numbers of cars for increased traffic for formerly quiet streets. He distributed a map showing effects of increased traffic on the drive -through at Villa Capri. Mrs. Mary Hoyt, 420 Maple Street, read the letter she had mailed to Council opposing the Hamilton Avenue diverter. The letter is on file at the City Clerk's office. She asked that the diverter be removed. :Jocelyn Baum, 909 Hamilton Avenue, read the letter she had written Council giving reasons. why she thought the traffic diverter should be retained until a better form was devised. Her letter is on file at the City Clerk's office. Ron Cote, 1044 Forest Avenue, said he had submitted a -petition signed by 60 people who asked that the Hamilton Avenue diverter be removed. A City wide solution to traffic problems was needed. • • Or. John Urquhart, 975 Hamilton, said he thought it would be worthwhile to wait and see what figures came from the six-month study. The Hot Spot was Hamilton and Guinda, he said, and he recalled the discussion preceding placement of diverters in College Terrace. Bain N. Fullerton, 829 Forest Avenue, said the diverter had made life more exciting --"we see our neighbors a lot more than we used to, and we see a owtruck a lot. . . ." He thought the City should look more than three months ahead; when Dumbarton Bridge was completed there would be mare traffic. He wanted an overall traffic solution. W. V. Clemans, 1505 University Avenue, said he thought that University Avenue was a residential strut as much as Hamilton. He thought Hamilton should carry traffic as University was compelled to do; the barrier should be removed. Bernard 8ouyssounouse, 840 Hamilton, said he had enjoyed the quietness of his street during the past months --it was the way his street had been nine years ago. He thanked Council for that. He thought that when traffic increased after completion,of Dorton Bridge one-way streets might be considered, but he did not think Palo Mans wanted that. He thought a plan controlling traffic in the entire area should be devised.. He wanted the barrier kept. Channel] Weston, 423 Chaucer, said he was a somber of the University Avenue/Crescent Park Association. He thought all comments he had heard were negative to the barrier, and he too wanted it removed soon. 3 92 1/21/80 Charles H. Howe, 1432 Hamilton, referred to "the Guinda harrassrn nt." He had been a Palo Altan since 19?2. He recounted his difficulties in driving from his home to downtown, and he deplored the "bad planning." Myrna Kelly, 833 Hamilton, said she had enjoyed the respite from traffic the past three months. She agreed there was a problem, and hoped that the barrier was the first step in further study. Mike Kelly, 833 Hamilton, said the barrier represented the need for fair distribution of traffic. He asked for an overall plan based on facts. Lee Nelson, 950 University, said there was so much traffic on her street she could not make a left turn out of her driveway. She protested, saying that all streets were residential in the City, and she thought the diverter should be removed. Robert H. Scher, 939 University Avenue, said he had been raised on University Avenue. If there were to be barriers he wanted them on all streets. He wanted the barrier removed. RECESS: Council recessed from 9:30 to 9:48 p.m. HAMILTON AVENUE TRAFFIC IITVETZTMATIVTI Ftjnved).). Councilmember Fyerly said the University Avenue corridor study would be coming to Council in three months --statistics had been taken relating to the Hamilton Avende diverter, and there had been expressions of unhappiness from the nearby residents, and so he would make the following motion: MOTION: Councilmember- Eyerly moved, seconded by Witherspoon, that Council direct staff to remove the tiara l tan Avenue traffic diverter at Gu i iida . Councilmember Witherspoon said she had voted for the diverter reluctantly, but now she thought it had been a mistake. She thought it should be removed. Councilmember Fletcher said she favored the barrier; she thought it had equalized traffic and Hamilton had borne a disproportionate amount of the traffic in that corridor. She acknowledged that a burden had been placed on Guinda, and so she would vote for the motion. Councilmember Brenner said Guinda had been a fragile spot and she thought the disruption of that street should end with removal of the barrier. The diverter had been placed there because eastbound traffic on University was advised at High Street to go on Hamilton --she thought traffic so diverted should have been re -diverted. Perhaps a sign at Cowper or Middlefield would have performed such re -diversion. It had started with traffic displacement when there was beautification of University underway. She said her suggestion of appointing a committee for overall traffic study had not been intended to divert attention from the Guinda/Hamilton situation. Councilmenber Levy sold Council had been conterned that Hamilton was becoming an arterial --the diverter had proven to be a poor implementation to forestall that. He asked if Mr. Noguchi had had enough time to gauge results of the test diverter. Nor-. *gush i replied that late had been gathered; it had not yet been analyzed. It was clear, however, that traffic had been diverted to Forest and Guinda. He did not think more would be learned if removal were del ayed . 393 1/21/80 Councilmember Levy said that since installation of the diverter traffic on University had risen 3 percent, traffic on Hamilton had dropped and traffic on Forest had risen. Were the numbers of cars on Forest, for example, representative of the amount of traffic a residential street could be expected to carry? Mr. Hoguchi replied "I don't think that's highly unusual." He said the traffic did not seem unwarranted in view of the number of residences on the street. He thought the traffic should be viewed area -wide and the number of residents at the meeting showed that problems in specific areas had to be dealt with too. The consultant for the University Avenue corridor study would have the assignment of finding solutions to such problems. Councilme ber Levy said he thoeght a very few number of streets. should. carry through traffic, with other streets staying as traffic -free as possible. He thought increased traffic resulting upon completion of the new carton Bridge would exacerbate traffic problems. Vice Mayor Sher said that traffic issues always brought attendance up at Council meetings, He said the unanimous vote of Council for the installation of the diverter reflected Council's wish to alleviate the heavy traffic borne on Hami l ton Avenue and it had not been the right solution. It perhaps was not wise to tamper with the status quo, but streets continued to have increased cower traffic and it would become even worse -Palo Alto's long, linear streets lent themselves to through traffic; streets on the Stanford Campus discouraged through traffic He supported the notion. Councilmember Renzel said she thought that whert the diverter was removed there should be increased police patrols for a while --residents had complained not only about quantity of traffic, but also quality, and ectorists would have to be told they could not fry -wheel through the neighborhood. She was reluctant to remove the barrier before the six- month study was completed, but need seemed clear, She would support the motion, and also the idea of a citizens' City-wide traffic study committee to try to work out inter -neighborhood traffic concerns. Counc i i member Fazz i n o er era ted the hardships that had resulted from installation of the traffic diverter; he noted that traffic had continued to grow along University Avenue and that corridor gave access to the traffic which caused the City's problems in that corridor. He thought a public hearing on the results of the six-month study should be held, In April or May. Mayor Henderson commented that issues in the City brought neighborhood groups together. He repeated his statement wade in an October meeting that traffic would be incr esed by completion of the new Dumbarton Bridge, which he had fought. He thought the Hamilton diverter should be removed and the data Bpi 1 ed should be analyzed with the public invited to testify and search for a better solution with City Council and staff. Public transportation needed to be developed, then used, and that would end an intolerable solution. NOTION PASSED: The motion that Council direct staff to remove the barrier passed on a unanimous vote. Councilme tuber Brenner said that in recognition of the current traffic problem resulting from land use planning that occurred 15-20 years ago and which would increase, Council should acknowledge that citizens, with all current traffic information, could help work out neighborhood and City-wide traffic solutions. fiI}T IOM : Councilmember Brenner moved, seconded by Reuel, that Counc i l establish a Palo Alto Citizens Traffic Committee to be appointed by Council, consisting of 15 members.made up as follows; one . from Palo Alto Deified School District (PAUSD); one from business; oa'oe from industry; 394 1/21/80 the balance from various neighborhood areas; with a report from that committee due back to Council in six months from the date of the committee's formation. Councilmember Witherspoon said she did not think the committee would be a solution. A professional stiff had been wrestling with the problem for a long time —what could a committee work out in six months? Councilmember Brenner said she thought a committee could provide a forum for problems like the Hamilton Avenue problem, that existed on Charleston and Embarcadero. Councilmember Renzel said all residents were experts on traffic problems in their own areas. She thought a committee, with the technical information staff had and their own neighborhood information, were capable of forming some optimal solution. Councilmember Eyerly said he did not favor the motion; it seemed a duplication of staff efforts. He thought Council had to make the final decision, and he did not like the idea of single -interest in -fighting taking place before the iseue came to them. He preferred having citizens come directly. Councilmember Levy said he thought a citizens' committee could help develop policy, but the City's present policy of routing traffic around rather than through neighborhoods was already supported. The problem arose with implementation. Implementation required engineering design and that was available from staff. He would not vote for the motion. Councilmember Fazzino said he had thought citizens' groups appearing before Council had been profitable for both Council and citizens; he did not want to add another committee to the City structure. He thought the Policy and Procedures Committee was the place to discuss such matters, when staff was present to provide facts. He would oppose the motion. Vice Mayor Sher asked if it was anticipated that the proposed committee would look at different traffic problems in specific places in the City or would it deal with general questions such as traffic police or other. Councilmember Brenner replied that she would like a traffic committee to address itself to such, problems as what _routes the increased traffic would traverse and the total burden of traffic throughout the City, not separating the University Avenue corridor, for example, from the Oregon Avenue corridor. Vice Playor Sher said he liked citizen participation; he thought the area should be more narrowly focused however. The proposed committee was too open ended in purpose, and so he would not support the motion. MOTION FAILED: The motion that a Citizens Traffic Committee be appointed by Council failed on the following vote: AYES: Brenner, Renzel NOES: Eyerly, Fazzino, Fletcher, Henderson, Levy, Sher, Witherspoon NOTION: Counti 1 r Brenner moved, second by Renzel, that her moo with a proposal to set up a 15 -member Citizens Traffic Committee be sent to the Policy and Procedures Committee for consideration with item re boards and commissions, which is already in committee. The motion passed on the following vote: AYES: Brenner, Fletcher, Levy, Renzel, Sher FLIES: Eyerly, Fazzino, Henderson, Witherspoon 39a 1/21/80 PUBLIC HEARING: 3833 MIDDLEFIELD ROAD XPITTMTUN"FORTTErnmARy PARCEL MAP BY STEVE L. SUD!JIAN The Planning Commission, by a vote of 5-0, recommends approval of the application of Steve L. Suddjian for a Preliminary Parcel Map for property located at 3833 Middlefield Road. Mayor Henderson ascertained that no member of the public wished to speak. MOTION: Councilmember Fazzlno moved, seconded by Fletcher, that Council approve the Planning Commission recommendation. The ration passed on a unanimous vote. PUBLIC HEARING: 1117-itiv tiKTATI STREET APP .UCATIN FFrTRTAYIVE t 4Ii� sTRIDrattuti RAP . The Planning Commission„ by a vote of 5-O, Teciammends approval of the application of H.C.C. Incorporated for a tentative condominium subdivision map for property located at 187-189 Bryant Street. Mayor Henderson ascertained that no rimer of the public wished to speak. Mayor Henderson and Councilmernber Renzel noted that the developer, Mr. Medearis, in response to citizen's desires, had reduced density of the development from twelve units to six. MOTION: Councilrrernber Fletcher moved, seconded by Fazzino, that Council approve the Planning Commission recommendation. The motion passed on a unanimous vote. PUBLIC HEARING: T 1' — ER aW STREET C T OR TEFIT , N UM SUBD I V S I ON MAP VCEfT HOOVER, EMERSON PROPERTIES The Planning Commission, by a vote of 4-0, recommends approval of the application of Albert Hoover, Emerson Properties, for a tentative condominium map for property located at 105-115 Emerson Street. Mayor Henderson ascertained that no member of the public wished to speak. CouncilmemberLevy asked why the building was under construction before Council had approved it. Mr. Schreiber replied that the building conformed to the zoning ordinance; approval by issuance of a building permit was approval by the Architectural Review Board. It was not unusual for developers, having gained that approval, to begin construction and continue through the subdivision process; builders did not need subdivision approval to begin construction. MOTION: Counci1 er Fletcher moved, seconded by Sher, that Council approve the application of Albert Hoover: Emerson Properties, for a tentative condominium map for property located at 105-115 Emerson • Street. The motion passed `on the following vote: AYES: Brenner, Eyerly, Fazzl no, Fletcher, Henderson, Levy, Renzel,Sher NOES: Witherspoon 396 1/21/80 PUBLIC HEARING: T259 PINE STRLT`T N CHANG !ONE nAgGE FR IT —TO —R=1 (CMR:113:O) Councilmember Withe'spocn ascertained that whether or not the house given to the City by Northern California Savings was to be sold under the below -market -rate housing program had not yet been determined. Mayor Henderson opened the Public Hearing and, there being no requests to speak, closed it. Vice Mayor Sher ascertained that the house was to be moved to the site in late February or early March --there had been some show of public interest in the project. Mr. Schreiber replied that a public hearing on the matter had been held and no one had showed up at the Planning Commission meeting; this present public hearing had brought forth no cards from people wishing to be heard on the project. A third public hearing would be held, in line with the necessity that three noticee of public hearings be given. The neighborhood residents had been notified. MOTION: Vice Mayor Sher moved, seconded by Witherspoon, that the staff recommendation that Council find the project would not have significant environmental impact, and approve the proposed Comprehensive Plan use designation, from Public Parks to Single Family Residential and change of zone district from PF to R-1, as embodied in recommendations a), b), uod c)of CMR:113:0, be approved. RESOLUTION 5765 entitled RESOLUTION OF THE MOTE. OF THE CITY OF PALO ALTO AMENDING THE PALO ALTO COMPREHENSIVE PLAN ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 16.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAO TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 1259 PINE STREET FROM PF TO R-1 (first reading) The motion passed on a unanimous vote. orrected Pg. 70 125/80 1040 COL AVENUE "MU OF DISTRICT TANWT-AND Pr -To iSTfVE L. SDDIWANp-INC . AND ROGERS & 3ROOK 1 NC reuncilmember Brenner said her concern with the proposed project was Beet it had no public street; the Planning Commission minutes noted that the Traffic Division was willing to approve it on a private street. Though a public street raised the problem of having garages back onto public streets, with a private street prospective purchasers of these lower -cost homes would be saddled with costs for maintai►ting their ow street, and further, police did not respond to calls on private streets unless there was a special call. She said she would not vote to approve the project. 397 1/21/80 Counciimember Renzel said she shared Councilmember Brenner's concerns. She said few developments recently had been in an apartment mode, in the attempt to provide semi-detached units. She thought more emphasis should be placed on better use of land area, and that use had suffered from developers' tries at producing units that looked like single-family homes. She said there could be significant open space if buildings were like apartments and more compact. She noted that the developer had provided below -market -price units, but the space taken with long narrow private streets was not aesthetic in providing open space. Councilmember: Eyerly noted that the Planning Department had recommended that the streets be built to public street requirements. He thought that meant the streets would be constructed to City specifications. Ken Schreiber, Assistant to Director of Planning and Community Environment, said the matter had been reviewed by the Planning Commission a number of times,- and streets had been discussed October 24. A public street would normally be wider; the crux of the issuehad been that the units were varying distances from the street, and some of them were too short a distance from the street. He enumerated the difficulties that would arise from that, which led to preservation of open space by way of layout of the streets. Councilm er Eyerly said the present street layout looked feasible to him. He said he assumed that police and fire departments and traffic engineers had to okay the layout so far as radial turning space and the like were concerned. MOTION: Councilmember Fazzino introduced the following ordinance for first reading, ands, seconded by Eyerly, moved that Council approve the Planning Commission recommendation to grant the change of district of property located at 1040 Colorado Avenue: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 1040 COLORADO AVENUE FROM RN-2/PF TO P -C Councilmember Fazzino reminded Councilmembers that most of the issues had been discussed at the Planning Commission meeting. He said he did not like the idea of nitpicking at every major housing development when there was the strong need to provide wmorehousing in Palo Alto. Mayor Hendersop said he lived in a larger condominium project with private streets, and he thought all the residents preferred the easier access to their own garages the streets provided, along with adequate access for emerwocy vehicles. MOTION PASSED: The motion that Council approve for first reading ordinance re the P1ann ng Commission recommendation for 1040 Colorado Avenue passed on the following vote: AYES: Eyerly, Fazzino, Fletcher, Henderson, Levy Sher, Witherspoon NOES: Brenner, Renzel 4040 EL CAMINO REAL PT.; Tr -commis Planning Commission, by a vote of 5-0, recommends approval of the application of Or. Sidney Smith for exceptions to non -conforming use termination provisions for property located at 4040 El Camino Real. 3 ii_ 8 1/21/80 Council;nember Brenner said the building concerned was in the middle of the block and made implementation of RM-3 zoning more difficult. She said neighbors had requested modifications of the existing place that were already legally required. Councilmember Brenner amplified un details of zoning requirements for RM-3. She thought the veterinarian, Dr. Smith, was doing a good job but she did not think his establishment was a good use for the area; also, it interfered with the achievement of more housing for Palo Alto. Jane S. Grub9eld, 3746 LaCalle Court, said she had sat through all the Comprehensive Plan hearings and she had been favorable to the wish that housing be built in the subject area. Residents of Barron Park had been told that the character of El Camino would change, and there would be multiple housing. She praised the work of a firm called Dividend Industries in their development of some multiple housing in her area. Purchasers of those homes had been promised that the commercial section along El Camino would become residential. She wondered why that was still in the promise stages and had not yet been developed. She feared the promises of the Comprehensive.] Plan were being eroded. Clifford Chernick Attorney, 830 Meno Avenue, Menlo Park, said he represented the veterinary hogpi tal , and he said he had not known about the push toward making his client's portion of El Camino residential. He had been working very hard to try resolve problems between the veterinary hospital and the neighborhood homeowners association. Some members of the homeowners association had shown their support. Also, the hospital had received no assurance that if changes were made the establishment would be permitted to continue; dog -runs at rear of building had been eliminated; concrete pads had been laid. Plans for soundproofing had been drawn up at considerable expense and presented to the Planning Commission. The incinerator had been removed from the area, Landscaping requirements would be complied with: He thought a veterinary hospital was compatible with the area; he hoped Council would support the Planning Commission recommendation. Mayor Henderson noted the decibel reading of dogs barking. Mr. Chernick said that a Dr. Wooley had wanted to take noise readings and he had set up a situation that would be as loud as 21 Gereerg Shepherd dogs barking at the same time --a situation that could not possibly occur, he explained. The noise reading was to determine if sound- proofing that was proposed could reduce the noise to acceptable limits. Dr. Wooley had concluded that it could be. The adjoining neighbor had been away at the time. Vice Mayor Sher asked Mr. Schreiber wheat property the Villa Vista Homeowners' Association covered. Mr. Schreiber outlined it on the map projected on the Counci ich r Walla -it was adjacent to the subject property, on do sides. He said Mr. Chernick was correct in stating that two representatives of the homers' association had attended the Planning Commission meeting and had testified in favor of granting Dr. Smith's application for exceptions to non- conforming use termination provisions for his property. Vice Mayor Sher said that the staff report of November 17 said this was the first request for exception to non -conforming use the Planning Commdssion had reviewed; one other had been continued, Where was it located? Mr. Schreiber said it was the Sather property, at 4102 (1 Camino. Vice Mayor Sher asked if fir. Schreiber thought that the two exceptions 399 1/21/80 constituted a precedent leading to promises made in the Comprehensive Plan. Mr. Schreiber said that each application was made singly, and did not form a precedent because each site had its own specific problems and possibilities. There had been the tradeoff of not granting the non- conforming use and recognizing fifteen more years of commercial use of the site, as opposed to granting use with conditions, that might have some benefit for that area. Michael Cobb, Planning Commissioner, stated his rationale in recommending approval; the Commission had spent .a• great• of time on the decision and had learned that the neighborhood association would go along if conditions were met. Some specific language written by the attorney about the noise problem was a condition of the Planning Commission approval, giving the homeowners' association an out if the noise problem was not settled to its satisfaction. Vice Mayor Sher asked Mr. Cobb if he thought the Commission's action might set a precedent so far as he himself was concerned. Mr. Cobb said he had asked himself the same question; he thought it was true that each question on each property would be addressed individually. He would appreciate any guidelines Council might have for the Planning Commission's question about interpreting the Comprehensive Plan literally or to view each application individually. He thought all commissioners would treat each application individually. Counci lmember- Eyerly ascertained that with Council approval the building would remain for 15 years from time of adoption of the ordinance in August, 1978. He asked why staff had not addressed the trotter, of the compatibility of the facility to the neighborhood, rather than making the exception rule, that ism if a veterinary hospital were compatible in one case it would be compatible in another. The two bad items on compatibility were the air and the noise; those might give trouble if the establishment went downhill or ownership changed. He favored stressing compatibility. Mr. Schreiber said the compatibility checklist had been devised by staff and review had taken -place when the Planning Commission checked the compatibility relationship to the Comprehensive Plan. Air and noise would be the compatibility issues. With the incinerator gone that annoyance would be removed; there had been complaints about weekend and week -night barking, and the applicant's consultant, (Dr. Wooley) had concluded that 55 decibels, a level of noise the facility might reach, was an acceptable outdoor environment noise level, and lower than allowable level of 8 decibels above the local ambient --given the ambience on El Camino, that was not beyond scale. If the property changed hands the required conditions would still stand. Mir. Schreiber said that non- conforming commercial/industrial were notified in September or October of 1978 upon adoption of the Comprehensive Plan ordinance. Two applications had been _ r e1 ved so far, and they had been received a yew- ago Councilor Renzel asked if an exertion could be extended, rather than be absolute --that, is, the time period for amortization be extend? Roy Abrams, City Attorney, said the City's ordinance did not offer that alternative, though one could be written into the ordinance. It would not be illegal. He did not think analysis of subsequent applications would be different if an extension were authorized, as each application would be considered according to its own facts. Councils her Renzel said she thought the hospital was skinny a real effort toward compatibility; her concern ley with the City's effort to implement the goalsof the Comprehensive Plan for housing on El Camino, and that had been lauded by the community. For that reason she thought exceptions to the Plan should be compelling. N tarists should know that 400 /21/80 they were in a strip of residential as they drove that portion of El Camino. Berron Pa'rk'neighbars'had spent many hours coming to meetings to negotiate that land use. She could support a limited extension of the moratorium. MOTION: Councilmember Renzel moved that the extension be denied. A discussion ensued to determine whether or not anything in the ordinance precluded resubmittal. Mr. Abrams said he thought the Council was better dealing with an affirmative rather than denials. If Council were to approve the Renzel motion it would be entitled to continue for modification and allowance of resubmittal. He recommended that the motion be stated in an affirmative mode. Councilmember Renzel re -stated her motion: MOTION TO CONTINUE: Councilmember Renzel moved, seconded by Brenner, that Council continue the applications with staff to return with an ordinance to allow extension of amortization period as a part of the process. She ascertained that that would not be a change in the Comprehensive Plan. Councilmember Levy asked if any mention had been made by the applicant about hardship resulting from not enough time for amortization. Learning there had been none, he said he was willing to continue the extension and he would vote in favor of the motion to continue. Corrected See Pg r 470 2/25/30 Councilmember Fletche;^•-asceryt4ined that Council could revoke the extension if conditions were not net. She asked if the applicant had to meet conditions before the expiration of the amortization period, or he had to meet them sooner. Mr. Schreiber replied that he thought the applicant had to meet conditions within three months. Councilmember Fletcher said that if Council did not grant the extension the applicant would not have to go to the expense of ameliorating noise and odors, Vice Mayor Sher asked if it would be feasible to grant an extension contingent upon Or. Smith being owner/operator of the animal hospital, or the 15 years extension, whichever was longer? Mr. Abrams repled that he did not think that was possible. The use of the land was the issue, not the person. Councilor Renzel said she thought it might be wise to grant a five- year extension for people who wanted the compatibility test. Mr. Abrams said he thought it would be wise for Council to require applications by a certain date. Councilor Renzel noted there was a vacant lot next to the animal hospital; if Council granted an.exception it would be saying it wanted the land use to change ultimately bat the present use was temporarily compatible. Councilmember Fazzino said the hospital had been at its location for 30- 40 years and had recently been a conforming use in the county. About 18 months ago there had been 1900 signaturessubmitted in favor of retaining the animal hospital use. He wanted to support the intent of the Comprehensive Plan toward residential/commercial, and the neighbors had said the use would be compatible. He thought the best thing to do was to continue 401 1/21/80 the matter. MOTION TO CONTINUE PASSED: The motion that Council continue the application of Dr. Sydney Smith for exceptions to non -conforming use termination provision, with staff to return to Council with an ordinance allowing extension of the amortization period as a part of the process, passed on the following vote: AYES: Brenner, Fazzino, Henderson, Levy, Renzel, Sher NOES: Eyerly, Fletcher, Witherspoon STATUS OF STANFORD INDUSTRIAL PARK SHUTTLE p� DT5T!Ii - e0 N1 D �fO , 1980 (CMR:120:0) ��rYrlY .rrl rllrlr.r.Ml�r�l.l�� r•Il.rar�r �. ■.r .Y�.r•.rf....a�rMFrl/�� MOTION TO CONTINUE: Mayor Henderson moved, seconded by Eyerly, that Council continue the matters of the Stanford Industrial Park Shuttle and Local Advisory Proposition on Sales Tax revenue distribution to the next meetings The motion passed on a unanimous voice vote. NORTH SANTA CLARA COUNTY SOLID ECO MENDATIONS (CMR:121:0) MOTION TO CONTINUE: Councilmember Brenner moved, seconded by Renzel, that Council continue the matter until after the forthcoming JPA report had been reviewed and accepted by Council. Ken Schreiber, Assistant Director of Planning and Community Environment, said staff recommended that Council refer the matter to the Planning Commission so that 1) there would be Planning Commission input for Council in February when JPA returned with its report; 2) to consider in the 1980 Comprehensive Plan update what land use designation there would be for the '.n. Altos Treatment Plant site: 3) to let the Planning Commission review the resource management plan and perhaps recommend modifications in the plan or the text. Staff had not intended to pursue prezoning now. If Council did not refer to the Planning Commission staff would schedule the matter for a February Council meeting so that Council could prepare its recommendation for the JPA. Councilaber Fazzino said he thought it was important to get comments from Planning Commissioners on the site so that those comments cold be relayed to the JPA. Council action would come much later. Councilmember Fletcher said she wondered if referral to the Planning Commission would result in any predetermination of site choice. Mr. Schreiber said it wild not. Councilmember Fletcher said that then she would go along with the staff recommendation, and not the motion now before Council. COunci laember Brenner said that there was no specific design and so the Planning Commission could not make any decision about the site being in conformance with the Comprehensive Plan or to update land use designation. She thought the Commission could review the plans and assess need for envi rommenta 1 updating, but it would be pr tune, before the next phase of the study was in front of ,them, to take any official action with respect to conformance or update of the land use map. Vice Mayor Sher said he was somewhat concerned about Palo Alto getting ahead of its PA partners by considering the project before details were 402 1`21/80 available. He thought one of the difficult points was to finu a market for the fuel it was proposed to generate, then the environmental problemsstransportation of the fuel would raise. He thought the City was getting toe far ahead to send it to the Planning Commission. MOTION TO CONTINUE FAILED: The motion that Council continue the matter until after the forthcoming JPA report had been reviewed and accepted by Council failed on the following vote: AYES: Brenner, Renze i , Sher, Witherspoon NOES: Eyerly, Fazzino, Fletcher, Henderson, Levy MOTION: Councilmember Fazzino moved, seconded by Henderson, that the general issue be sent to the Planning Commission, but that the Commission give no consideration of a update of the land use designation of the former Los Altos Sewage Treatment Plant site. He said he thought it would be very useful to have some comments from the Planning Commission before too much emphasis was placed on that specific site. Councilr er Renzel agreed with the idea of having general input from the Planning Commission. MOTION PASSED: The motion passed on a unanimous vote. CASE NC (L SR:11O:0) Vice Mayor Sher noted that the proposed new rate applied to residential only, commercial and industrial continued to be a flat rate. The increase of 34.779 fell halfway between socalled 'lifeline' rate and the next highest rate -it was quite a favorable rate with no incentives built in for conservation. Would staff comment? Ed Aghjayan, Director of Utilities, said utilites were subject to whim of rate setting by PG$E. The City's policy tracked PG&E's gas structure rates, including the rate design. In hearings before the Utilities Commission in arguing for having a lower gas rate, which was granted, the City had indicated that one of the justifications was that the City followed PG&E's policies and had the same cost factor for its service level. The design then, had been initiated by the Public Utilities Commission (PUC). The rationale was that at one point commercial and residential had shared one rate structure, then the lifeline rate with a converted rate schedule had been established. At some point PG&E had decided the commercial should he drat, hoetsb,ee+* ocA said, they were not sure that having an inverted rate schedule for commercial/industrial customers would actually give a signal that they should be using less or that it was, in fact, a fair charge* because commercial/industrial customers, particulalrly on PG&E systems, ranged from very small shops to industries that used enormous amounts of gas. No rate schedule could have the same impact on the diversity of customers. With residential customers there was a *inform usage that homes should have, and beyond that i t was excess usage, even though size of hones varied somewhat. The 34.779 was considerably above the marginal cost of gas. Some PG&E customers were exertions, and their rates were not tracked; they were very small users. Another rate was coming out for co -generation, and it Was even lower. If the City had a radically different rate structure it would be in violation of a commitment it had made to the PUC. Vice Mayor Sher said commercial/industrial would have a 7.5 rate increase; and 7.4 was the average winter residential increase, a large residential unit had about a 19.7 increase in the winter. He hoped that staff would not feel locked in by some unwritten understanding and would explore the question with PUC to see how a rate structure might instead promote conservation and equableness between residential and commercial/industrial , because he did not think the latter was doing its fair share. If it was understood that Mr. Aghjayan would pursue the question with PUC Vice Mayor Sher said, he would approve the staff recommendation. !MOTION: Vice Mayor Sher introduced the following resolution, and roved, seconded by Eyerly, that Council approve the staff recommendation: RESOLUTION 5762 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SCHEDULE G-1 DUE TO THE EFFECT OF A WHOLESALE GAS PRICE INCREASE UPON PALO ALTO RATES." The motion passed on a unanimous vote. Mayor Henderson said he agreed with ?ice Mayor Sher's comments DOWNTOWN PARK NORTH--RECO ENOATIONS :111:0) Councilmeter Levy said the goal on this matter was to strike the best possible balance between achieving low- and moderate -income housing and public open space. The November 29, 1979 staff report gave the work schedule for developing the park area, beginning in May with develcpment in September, 1980, of a park plan with citizen involvement. Council, F er Levy said he thought it best to allow the park consultant to have the possibility of inclusion of back yards in drawing up a total plan for the proposed park development. He wondered if the houses could be sold to the Housing Corporation. Lou Goldsmith, of the Housing Corporation had said he thought that could be done, then the Housing Corporation could apply for rehabilitation loans. MOTION: Councilmember Levy moved, seconded by Witherspoon, that Council convey title to the houses to the Housing Corporation, with inclusion of a specified depth of back yard, that aunt to be determined by staff. The City to retain the title to the house at 244 Kipling; the depth of back yard to be determined by September, 1980, after the park consultant's proposal had been received by Council. Councilor Renzel asked if there might not be a problem with garages with the hoses;_ she 46404 she intrigued with ta.e idea hf supplementing me ti ...:r was .ri�.s e�i0�tl 7�� b:S L+afv i62eiS1 !%i;�i�J�i��'.Si�r2ng Park space, however. Ken Schreiber* Assistant Director of Plenning_and Community Environment:-------__-- said that staff thought there might be a problems about zoning --it had been mentioned that Planned Community might ' fit for the houses, and that would ►e1p so1ve the barking problem. A series of Comprehensive Plan chimes eight have to be processed: tentative subdivision map and Planned Co nity zone changes. Staff hoped to have, after this meeting, delineation of the area to be retained by the City es park and the area to be transferred to the Housing Corporation so that staff could go into the subdivision process. A specifically named area was needed for Planned Comity zone, so that such matters as landscaping, location of buildings and a walkway could be determined. Robert Fin, 604 Everett, said he feared the Dlowntooni North area 4.0 4 1/21/80 would lose the park. Residents had filed intent to circulate a petition to bring the issue to the citizens of Palo Alto asking that the entire block be dedicated according to the promise of the Comprehensive Plan. Tom Reid, 151 Waverley, said he thought that use of back yards of the dwellings now on the block was intended to set the boundaries of the park for the next 15-20 years. He was concerned about that. He thought there should be exploration of other ways to develop the park. He thought there should be discussion about intensive use areas insofar as they balanced with use of the community garden, and how many of the people needed garden and play area. He said the proposed corridor (walkway) could be developed so that it could have meaning for the community --it did not have to be just a walkway. Downtown North residents wanted the opportunity to discuss the matters he had mentioned; he urged that Council not adopt the staff recommendation. He thought the new Downtown North Neighborhood Association would be a good contact for arranging such a meeting. Walter Sedriks, 325 Waverley, said the proposed compromise provided no real answer. He reviewed the history of the proposed park, and said that ten years ago the population of the area constituted an urgent existing need for a park, and the population had greatly increased since then. He wanted Council to vote approval of the entire block, as had been outlined in the Comprehensive Plan. Tony Badger, 381 Hawthorne Street, referred to the petition begun asking for a full, not a mini, park. He said Downtown North residents bore the burden of the Council -approved increases in population by way of condominiums and air rights. It was the only neighborhooe that did not have a park He said Council said it wanted housing but voted for business, as in the case of the veterinary hospital. Susan Pearson, 243 Waveriey, reminded Council that burglars and lurkers were active in Downtown North now; she wanted Council to remember that when it was considering having a walkway. Tom Harrington said he lived in an open space district that he liked very much; he found it incongruous for Council to try to preserve some old houses in an area that was in need of a park. He thought the 500 acres the City had in the Foothills could be developed for housing, and the park should be developed. He thought it elitist to retain the houses. - = Councilmrmber Eyerly said he thought it difficult to understand why the houses should be retained when a park was wanted He thought that if a lawsuit were filed the City would have a weak case if it sold the property to the Housing Corporation, He wondered what it would do to the Housing Corporation if the lawsuit were filed_ Councilor Fazzlno said that if potential litigation were to be talked about he would prefer to do that in executive session, Vice Mayor Sher said that on a point of order he did not think the item Council r Eyerly was talking mahout was on the agenda, which included di scuss i oar of the walkway and 244 Ki pl i ng. Councilor Eyerly said the part of the recommendation regarding preservation of 244 Kipling mes what he was addressing his remarks to -- he did not think Council should approve that preservation, as recommended by staff. Maybe the portion of the recommendation about the park ground should be continued, William Zaner, City Manager, said he wanted to talk about the portion of 405 1/21/80 the recomendation on the walkway; Councilmember Levy had requested that a decision on that walkway be deferred until after an architect got a chance to look at it, perhaps in September. The walkway, Mr. Zaner said, from the staff point of view and others, was "...very poor park design. We're going to end up with a problem with a walkway --a walkway that may look good on a piece of paper...but we're building another 'Hamilton Avenue barrier'." He foresaw many problems arising from such a walkway, no matter what the design. He recommended that the walkway. be deleted, and the landscape architect be instructed to look at the park elements only. Councilmember Renzel ascertained that if a petition were filed there were so many days to qualify then there was time for Council to respond. She thought the matter could be held in abeyance for three months. Mr. Abrams said that if the required number of signatures were obtained and Council did not adopt an ordinance tht-matter would go to the electorate. Councilmember Witherspoon said that if such were the case Council might change its action, rather than have the matter go to the ballot. Councilmember Levy said he had not voted to keep houses on the site; he viewed the walkway as about twice as wide as a street, a kind of linear park, and jud dent on its design ought to be reserved until a landscape architect had looked at it. He had thought the garages were to be destroyed anyway. He wanted the area to be kept open and not engage in any piecemeal planning. Councilmember Renzel asked if an easement for a park of about 60 feet wide could go into the planning process. Mr. Schreiber said he thought Councilmember Renzel's idea would facilitate the subdivision process, but with the Planned Community zoning process there would still be the problem of finding alternatives because the configuration of fences and usable areas would be considerably different. The Housing Corporation would probably try to rent the houses to families with children, and he personally had found a narrow yard useless with children, So some renting problems would arise. Along with the City Manager, staff had some very basic concerns about a walkway, one of which was the security problem, a concern shared by the police department. Mayor Henderson said that if the homes were to be retained they should be full-sized family parcels. SUBSTITUTE MOTION: Councilor Eyerly moved, seconded by Witherspoon, that Council continue the item for the length of time that residents had to file their initiative petition, Councilor Witherspoon asked why a subdivision had to be ,made when it was going from one single owner to another. Mr. Schreiber replied that the lot lines had been erased, and creating those lot lines, creating three parcels, would take about five months before it returned to Council. The tenants now in the houses would not be affected at present. SUBSTITUTE MOTION FAILED: The motion to continue failed on the following vote: AYES: Eyerly, Brenner, Levy, Witherspoon IBS: Fazzino, Fletcher, Henderson, Renzel, Sher Vice lyor Sher said that in view of the City Manager's statement that 406 1/21/80 the walkway would be bad planning he did not want to just postpone a decision on it; he asked that the motion be divided into two parts. FIRST PART OF MOTION FAILED: The first part of the motion about delaying decision on the walkway, failed on the following vote: AYES: Eyerly, Ledy, Witherspoon NOES: Brenner, Fazzino, Fletcher, Henderson* Renzel, Sher, SECOND PART OF MOTION PASSED: The second part of the motion that the house at 244 Kipling be retained, and moved to another location, passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher NOES: Eyerly, Witherspoon MOTION: Vice Mayor Sher moved, seconded by Fletcher, that Council approve the staff recommendation tt:at the proposed walkway not be developed. The motion passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher NOES: Eyerly, Witherspoon FENCE FOR MUNICIPAL GOLF COURSE DRIVING RANGE - r Couriclmember Levy said there had been an assumption that the golf course was to have been self-sustaining from revenues it earned; he understood that in the past not all costs attributable to the golf course had been charged to it. He said he wanted to be sure that the cost of the fence was allocated to the golf course and that all attributable costs be charged to the golf course. MOTION: Council ber Levy introduced the following ordinance and contract, and seconded by Fletcher, moved their adoption by Council: ORDINANCE 3179 entitled "ORDINANCE OF THE afalrfrairlITCITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 1979-80 TO PROVIDE ADDITIONAL FUNDS FOR INSTALLATION OF A FENCE AT ONE END OF THE GOLF COURSE DRIVING RANGE." CONTRACT —OAKLAND FENCE COMPANY Vice iayor Sher said he was concerned about forthcoming golf -course related expenditures of abut $.5 million to be taken from reserve funds and not paid for by the bonds issued to pay for the golf course improvements; it hided been thought that such expenditures were to have been paid by revenues generated by the new golf course facilities, and now it was learned that money had to come from the general fund. Though ire_ would approve the $15,000 proposed in the budget amendment, he would have much more to say on the subject of future expenditures at the Finance and Public Works Committee meeting. Councilmember Renzel said she had attended a meeting at which staff had satisfactorily explained the origin of some of the `unforeseen' expenditures. She would like more inquiry into the subject, but she would approve the proposed budget amendment. MOTIOO: PASSED: The motion passed on a unanimous vote, Counci lmember Wi therspooe absent. 407 1/21/80 225-231 HOMER AND 748 RAMONA muumnrimmumrartrsucT tY CsAf The Planning Commission, by a 6-0 vote, recommends denial of the application of Charles Wing for change of district for property located at 225-231. Homer and 748 Ramona from RM-2 to P --C. This item had been continued from November 19, 1979. Michael Cobb, Planning Commissioner, said the application had come before the Planning Commission for about six months --each time the recommendation had been that the applicant lower the proposed density and he had persisted in asking for the higher density, so the Commission had recommended denial. Frank Mock, owner of the subject property, said he and his brothers and sisters, who had owned the property jointly for about 60 years, wanted to building "...six lovely units, with gates, secure, underground parking, access to the building from the garage...ideal for older people who want to live near downtown. . ." Mr. Mock said that the property was surrounded by multiple family, but the Planning Commission thought the proposed density was too great for the present times--althoegh higher densities nearby had been permitted in the past. He said that though he would be favorable to building five units his sisters wanted six units, and they pointed to higher densities that the Planning Commission had permitted. He said an agriculturalist had recommended that the oak tree on the property be destroyed. He said he saw no valid objections to the Mock family's proposal. Councilrnember Renzel noted that Mr. Mock had asked fora rezoning, and had not asked to build within the existing zone. She said the subject area was zoned R-2 and R-3, The Comprehensive Plan diminished densities as zones went toward R -1 neighborhoods. MOTION: Councilmember Renzel moved, seconded by Fletcher, that Council uphold the Planning Commission recommendation to deny the application. Mr. Mock objected to holding to the Comprehensive Plan --it was not statics why did the referred -to RM-2 zone exist in the area his lot lay? He was familiar with Councilmember Renzel's point of view; she should permit other Councilors to make their comments before she made a motion. Vice Mayor Sher said the history of the application, that asked that zoning be increased from R-2 to R-5, left Commissioners with no choice but to deny. MOTION PASSED: The motion that Council o ldthe Planning _Commission recommendation to deny the application passed on a unanimous vote, Councilmember Witherspoon absent. 727 and 744 RAMONA STREET The Planning Commission, by a 7-0 vote, recommends approval of the application of Thomas E. Harrington for a change of district of property located at 727 and 744 Ramona Street, from Parcel A, CS/Parcel 6, RM- 3(c) to P -C. This item is continued from December 3, 1979. MOTION: Counci lmember Eyerly introduced the following ordinance for first reading arwl, seconded by Fletcher, moved its approval by Council 408 1/21/80 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.04.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 727 AND 744 RAMONA STREET FROM RM-3(c) AND CS TO P -C Mr. Harrington read the following passage, asking for clarification: "No certificate of occupancy will be issued for any use on this property until construction of the parking required in connection with that use, is completed." He described his building plan related to parking needs and a discussion ensued on P -C requirements in relation to the specific plan. Mr. Schreiber said he thought that required parking would have to be provided on both sides of the street before a use permit was issued. Mr. Barrington said he did not want to have one building that had been completed remain empty while he completed the second, so that the parking on each of the parcels could be completed. Mr. Schreiber explained that in the P.0 process issuance of one building permit was tied i s with issuance of the other permit. Roy Abrams said that the City Attorney's office would interpret the compliance with the P -C to be that for each space (in the completed building) that was being used, a required space had been provided and was available. Mr. Harrington said he would have asked the question eaelier but he had just received the stipulations that evening. CouncilmemLer Menzel ascertained that no in -lieu pa nt was being made in connection with the project. If there had been, the Planning Commission had a precedent for mitigating its requirements sc, ha t. Mr. Schreiber said he thought that in -lieu payment was rude for ten or more units -this project was smaller. € 0TION PASSED: The motion that Council approve the Planning Commission recommendation passed on a unanimous vote, Counciln ber Witherspoon absent. REQUEST OF' S3JNCIL) #1BER LEVY E MOTION: Councilor Levy moved, seconded by Fletcher, that Council continue t± a Witter concerning the five-year financial staterent to the next Council meeting. The motion passed on a unanimous vote, Counmilme er Witherspoon soon absent. CANCELLATION OF JANUARY 28 MEETING MOTION: Mayor Henderson moved, seconded by Fazzino, that Council cancel the meeting of January 28, 1980. The motion passed on a unanimous voice vote, Counci lsieber Witherspoon absent. ADJOURNMENT: Council adjourned at 1:22 a.m. AF.RM: /2 APPROVE: 409 1/21/80 CITY COUNCJL MINUTES Regular Meeting February 4, 1980 ITEM Executive Session re Litigation Minutes of December 17, 1979 and January 7, 1980 Minutes of January 14, 1980 Oral Communications I. Frank Manfredi, 219 Addison Ave. Consent Calendar Referral Items Solar Energy Program Proposal for City of Palo Alto Referral to Finance and Public Works Committee Consent Calendar - Action Items Fon er fire Station 2 (2253 Park Boulevard) - Lease - Peninsula Conservation Center Contracts for Moving and Rehabilitating Northern California Savings House - 1259 Pine Street Cooperative Agreement --Traffic Signal Installation at Maybell/El Camino Real Joint Exercise of Powers Agreement (JPA) Relating to Resurfacing of Public Streets final Entitlement Figures for 1980-81 Community Development Block Grant Program Arastradero Road Bicycle/Pedestrian Path Project Cost -Sharing Agreement and Budget Amendment Ordinance Resolution Authorizing Application for Additional f unfit L' Mr t!- Berg Open Space tot Recreation -�:r ti.. y 9:l.Y y� v`++6tt J�.Yr iai Program Act 1259 Pin Street - Application for Change of Classifica- tion of Property from PR to R-1 and Amendvng Section 18.06.040 of PANG 727 and 744 Ramona Street - Change of Classification fry RN -3(c) and CS to P -C -- Application of Thomas Harrington 1040 Colorado Avenue - Change of Classification from 2 P/F to PC Public Hea ri rig : Weed Abatement CITY of PALO ALTO PAGE 4 1 2 4 1 2 4 1 3 414 414 41 4 4 1 5 4 1 5 4 1 5 415 41 5 416 CITY couricit MINUTES PAGE 4 1 7 ITEMS, Continued Policy and Procedures Recommends re Below -Market -Rate (Glut) Housing Program Policy and Procedures Committee Recommends re Property Maintenance Standards Amendments to RAMC Chapter 9.14 Regarding Stoking (cont) Amendment to Palo Alto Municipal Code Section 2.40.040 re Publishing Contributions and Contributors During Election Council Procedures: Appointment of Officials Consideration of Continued Funding for Pak Alto/Stanford Forum Status of Stanford Industrial Park Shuttle Local Advisory Proposition on Sates Tax Revenue Distribution (Continued from 1/21/& » Request of Councilmenter Levy Re: Five -Year Financial Estimate Councilmember Levy re Market Value of Services or Property Made Available by the City Councilater Renzel re: Palo Alto Garden Access Road Cancellation of S ting of February 11 - loving meting to February 12 Oral Communications Adjournment 411 2/4/80 } CITY Cif - PALO ALTO 416 4 1 9 426 427 429 431 432 433 433 434 434 434 434 1 Special Exetatfve Session and Regular Meeting February 4, 1980 EXECUTIVE SESSION RE LTT I OAT I ON The City Council met on this date at 6:00 p.m., in a Special Executive Session re litigation. All members were present. The Executive Session adjourned at 7:30 p.m. The City Council of the City of Palo Alto met on this date in the Counciichamber at 250 Hamilton, at 7:45 p.m., Mayor Henderson presiding. PRESENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon ABSENT: None MINUTES OF DECEMBER 17,,1979 Councilmember Brenner referred to page 343, paragraph 5, and asked that it read instead: "Councilmember Brenner asked for copies of the charts Mr. Massy had shown She continued, saying that though Stanford had given much thought to faculty housing, the region was left with the problem of housing and transportation for support staff. She noted a great divergence from Palo Alto's 1955 General Plan which set the parameters for Stanford Industrial Park to extend west only to Foothill Boulevard. At that time the Palo Alto Comprehensive Plan predicted a total development of about 20.000 jobs and 20,E houses. Our housing stock is only a little higher than that figure, while the total £ ployl en t figure has almost quadrupled the predicted figure. Stanford is the largest land developer in the area, with 8000 acres of lande-the equivalent of a city. Could Stanford supply the City with figures showing where the 6000 support people for the university lived?" MOTION: Mayor Henderson moved, seconded by Fazzino, that Council approve the minutes as corrected. The motion passed on a unanimous voice vote. P1fl UTES OF JANUARY 7 y 1980 Mayor Henderson asked that on page 370, the 15th paragraph read instead: "AMENDMENT: Mayor Henderson moved, seconded by Eyerly, that reimbursement for automobile usage be raised from 15# to 201 a mile. The motion passed on a unanimous vote." Councilor Fazzino aaked that on pape 365 the second sentence of the sixth paragraph read instead: "Some Councilmembers were beino elitist aasus. iav that Palo Alums 0i1d mot want Cable TY for many had already expressed an interdst to him. He thought there was a real interest in watching sporting events, current movies; and local public affairs events ,mild be attractive to any„." Counci lraember Renzel asked that on page 355 the fifth paragraph read instead: "Councilr er Renzel said she supportedthe idea of a flood basin fence, but cautioned that it would do no good if the gate near the animal shelter were left open." Counci lmember Renzel asked that on page 357, the second paragraph read instead: "Councilmember Renzel observed that there had been a stipulation that lots within 10 percent of the standard not be merged, but largely substandard lots would be merged." 4 1 ,2 2/4/80 Councilmember Renzel asked that on page 355 the fifth paragraph read instead: "Councilmember Renzel said she supported the idea of a flood basin fence, but cautioned that it would do no good if the gate near the animal shelter were left open." Councilmember Renzel asked that on page 357, the second paragraph read instead: "Councilmember Renzel observed that there had been a stipulation that lots within 10 percent of the standard not be merged, but largely substandard lots would be merged." Councilmember Renzel asked that on page 357 the fourth paragraph read instead: "Councilmember Renzel referred to three lots on Middlefield Avenue that had been built upon with unhappy results; she was concerred about hew the variance -granting procedure could prohibit poor results. A second -storey variance was granted on those lots." Councilmember Renzel asked that on page 358, the tenth paragraph read instead: "Councilmember Renzel said the Committee had discussed those criteria and that the zoning requirements would not be superseded. Although In principle she said she favored competitive bidding she and the Committee had thought it best to have a prototype project before going to competitive bidding." Councilmember Brenner asked that on page 360 the following sentence be added to the fourth paragraph: "Density is not just a matter of number of units, but of size of units and number of automobiles." A discussion ensued on the elements to be included in the amendment passed on page 361, twelfth paragraph, and consensually it was weed that the amendment would read: "AMENDMENT PASSED: The amendment that criterion 9 read: 'Air rights should be developed primarily for housing in conformance with Comprehensive Plan Housing Program Eleven,' passed on a unanimous vote." Mayor Herderson emphasized that Council had decided not to exclude 'commercial,' and that the word 'primarily' would imply such non -exclusion. !MOTION: Councilmember Fazzino moved, seconded by Fletcher, that Council approve the minutes of January 7 as corrected. The motion passed on a unanimous voice vote. MIKES OF JANUARY 14 1980 Councilmember Fazzino referred to page 376, and asked that after the first sentence in the eighth paragraph the words be added: "All the facts before us indicate there is little evidence of citizen problems with this bookstore." r^wgii 1 r razzing) _ page 378 the second paragraph read :..,. �..,�� .. �. rc r �` at L t F14? asked that on instead: "Couneilmenber Fazzino said that the item was before Council because the City Attorney had come before Counc r F in executive session with new information on the issue in supeort ofhis reco fldatirn that Council carry through the amortization.' Councilmember Brenner asked that on page 377 the first sentence in the last paragraph read instead: 'Councilmember Brenner agreed that the matter was repetitive; she thought that neighbors' perceptions of activities at the store determined whether or not a 'public problem' existed." Councilmember Sir asked that on page 377 the following sentence be added to the last paragraph: "H & R indicated that efforts to rove consisted of giving a real estate broker an assignment to find a piece for the just three ago." 41'3 2/4/84 Councilmember Brenner asked that on page 384 -the present fifth sentence in the third paragraph be deleted and -read instead: "The residue of this plant will be the equivalent of what Palo Alto is now dumping in its own landfill." Councilmember Brenner asked that the last paragraph on page 384 read instead: "Councilmember Brenner said she favored proceeding with cautions and that environmental concerns that might stop the project should be noted." MOTION: Councilmember Witherspoon moved, seconded by Fazzino, that Council approve the minutes as corrected. The motion passed on a unanimous voice vote. ORAL COMMUNICATI9N5. 1. Frank Manfredi, 219 Addison Avenue, spoke with appreciation of the citywide observation of his 80th birthday; he commented on the appropriateness of appointing Mr. Zaner as City Manager, adding . that he thought the City had been too generous with pay and other considerations such as housing though he hoped the City Manager could control adverse eierrents in Palo Alto such as developers. He said City government spent too much money and had too much power. He favored the establishment of a federal agency to help people in cities control their city governments. He gave reasons for the City to support rent control. CONSENT CALENDAR Councilmember Fazzino asked that the matter concerning Council Appointed Officers be removed from the Consent Calendar. Councilmember Fletcher asked that the matter concerning publication of contributions and contributors to municipal election candidates be removed. Counci lrn nbers Renzel and Brenner asked that their vot6s.on" the ,dedinance changing the classification of property at 1040 Colorado Avenue be recorded a, "no." Vice Mayor Sher and Councilmember Witherspoon asked that the record show that they did not participate in the matter concerning the Arastradero Road bicycle paths since they were employees of Stanford University. The following its mined on the consent calendar: Referral Items SOLAR ENERGY PROGRAM P ' FOR h C%0:139:i1 j The matter of the Solar Energy program proposal and proposed budget ordinance was referred to Finance and Public Works Committee. Action Items FIR ATI1 2 LEASE - t (CMR:133:0) Staff recommends that Council authorize the Mayor to execute thelease with the Peninsula Conservation Center for its use of the former fire 4l 4 2/4/80 f station 2, at 2253 Park Boulevard. LEASE --Peninsula Conservation Center CONTRACTS FOR MOVING MW REHABILITATING Staff recommends that Council accept the bids for moving and rehabilitating the house at 1259 Pine Street and authorize staff to draw up the necessary contracts for the Mayor's signature. CONTRACT --MOOSE MOVING--Anderson-Nevis CONTRACT —TURN -KEY REHABILITATION Farr Construction Company COOPERATIVE A;GR E NT --TRAFFIC SIGN L (thm, ?7 o) Staff recommends that Council 1) adopt the retoiution approving the agent; 2) authorize the Mayor to execute the agreement with Cal Tans. RESOLUTION 5768 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA FOR THE INSTALLATION OF A TRAFFIC CONTROL SIGNAL SYSTEM AT MAYBELL AVENUE AND EL CAMINO REAL." AGREEMENT —State of California JOINT EXERCISE OF POWERS AGREEMENT JPA (CMR:130:O) Staff recommends that Council authorize the Mayor to execute the agreement. JOINT EXERCISE OF PaWERS AGREEMENT BETVEEH THE CITIES OF SANTA CLARA, S YVALE , PALO ALTO, SARA TOGA, CUPERTIiNO, LOS GATOS, AND MORGAN HILL, RELATING TO RESURFACING OF PUBLIC STREETS FINAL ENTITLE/WIT Fl S Ft _1 I (CMR:132:0) Staff recommends that Council approve an increase of the 1980 81 Community O eIent Plock Grant ltndbzn,,,. pro9rom Funding from $2bi, to $298,000.. ARASTRADERO ICY _ E EDESTRI 29:0) Councilaeabers Sher and Witherspoon. did •rind_ partici; a e they were employees of Stanford. Staff recommends that Council 1) find that the project will have no significant environmental impact; 2) authorize the Mayor to execute the cost -sharing agreement with Los Altos Hills and Santa Clara County for construction of the bicycle path project; 3) approve the budget amendment ordinance funding $97,000 in the Capital Improvements Program for this project; 4) adopt the resolution authorizing the filing of an application with the Metropolitan Transportation Commission for disbursement of TDA funds. 4 5 2/4/80 UHIZt item since JOINT POWERS AND COST SHARING AGREEMENT FOR BICYCLE PATH IMPROVEMENT ALONG ARASTRADERO ROAD --Town of Los Altos and County of Santa Clara RESOLUTION 5769 entitled'RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION MISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1979-80." ORDINANCE 3180 entitled "ORDINANCE OF THE COUNCIL OF TW CIS 0 PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1979-80 TO PROVIDF FUNDS FOR CONSTRUCTION OF A BICYCLE/PEDESTRIAN PATH ON ARASTRADERO ROAD. RESOLUTION AUTHORIZING APPLICATION FOR ADDITIONAL _FUNDS LNI3ER ROCK C" RESOLUTION 5770 entitled "RESOLUTION OF THE COUNCIL OF rot CM OF PALO ALTO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERT I -Z' BERG OPEN SPACE AND RECREATION PROGRAM," 1259 PINE STREET --APPLICATION FOR ORDINANCE 3181 entitled ('ORDINANCE OF THE COUNfTL OF THE CITY Of PALO ALTO AMENDING SECTION 18.08.E OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 1259 PINE STREET FROII PR TO R-1.' (first reading 1/21/80) 727 AND 744 RAMONA STREET tFWA E zuMEFIVETTirtim PX-3 C ifrti IMO IM6TON ORDINA E 31 entitled "ORDINANCE OF THE COMM OF vit, _CITY OF PALO ALTO MOOING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL C (THE. ) Tn �GE _ 711E CLASSIFICATION ,_ � ., b,.. �, 6.a4 ; . w OF .PROPERTY _KNOW AS 727 A1W 744 MOM STREET FROM 3(c) AM CS TO, P -C." (First. Odin 1/21/80) 1040 COLORADO AV TICN ORD E 383 entitled "ORDINANCE OF THE CIMC I L Of C PALO ALTO ADDING SECTION 18.08.040 OF TIE PALO ALTO MUNICIPAL C (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 1040 COLORADO AVOW FROM 2/PF TO P -C." (First reading 1/21/80) MOTION: Councilmember Fauino waved s seconded by Fletcher°, that Council 41 6 2/4/80 adopt the Consent Calendar. The motion passed on a unanimous vote, Councilmembers Renzel and Brenner voting "no" on the matter concerning 1040 Colorado Avenue change of classification, and Vice Mayor Sher and Councilmember Witherspoon abstaining on the matter concerning bicycle paths for Arastradero Road. PUBLIC HEARING: WEED ABATEMENT Mayor Henderson announced that this was the time and place set for a public hearing on a resolution declaring weeds to be a nuisance. He noted that the gearing had been made public with due process, as required by law. He ascertained that no one wished to be heard on the topic and he declared the public hearing closed. MOTION: Councilmember Fazzino introduced the following resolution and, seconded by Fletcher, moved its adoption by Council: RESOLUTION 5171 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING WEED NUISANCE ABATED." The motion passed one unanimous vote. POLICY AND PROCEDURES RECOMMENDS RE RAM The Policy and Procedures Committee reports regarding the Housing Corporation's report on the below -market -rate housing program that the Committee, on a unanimous vote, is very supportive of the recommendation developed by the Housing Corporation and staff, and that it commends Palo Alto Housing Corporation for its report, and that no action is required by Council. Councilor tuber Fazzino said the Housing Corporation had spoken of such matters as household maintenance by owners of below -market -rate units, deferred rnaintenace of units to be estimated, with the owners to have the choice of repairing ohimself or paying for repairs, and; on the subject of closing costs, those to be paid for by the City; with improvements made by the owner to be prorated and that prorated portion recoverable upon the sale of the unit. POLICY AND PROCEDURES COMMITTEE _RECOMMENDS Councilmember Fazzino, on behalf of the Policy and Procedures Committee, said the matter of property maintenance standards had gone to the Committee with the emohasis on need for rapid follow-up and resolution of property intanance problems. Both Building and Fire Departments thought present standards 4.:ere_ ±! quat_ tut thee* _ .,.r!^d.� . � a: .t,�a � y tut �� were some manpower limitations in the City Attorney's offict for enforcement. Citizen complaints continued to be the major scarce of .information about -infringements. House and auto trailers were to be stored on prises of homes for no more than three months; building materials could be stored up to 90 days.. Citation powers were given to Building and Fire Department personnel. The Committee _ agr d that the County � : r4 tt& tA- + i n format4 won way t_ _ _. . _ ' _ _ .-... - d a ... z.. ssea► v a v.a on t ways to control roof rats, and limit circuesLances in which roof rats proliferated. MOTION: Counci lr Fazzino, on behalf of the Pol i cy and Procedures Committee, introduced the following recommendations and ordinance for first reading and moved their adoption by Council: A. Code ulations: 1) to limit the storage of automobile, trailer, house tra V err, boat, or any of their parts, to a period of three moths; 2) to delete exception provision A, of section 9.56.030(17) relating to the storage .of used or unused building materials and increase the allowable storage period from 30 days to 60 to 90 days . 41 7 2/4/80 1 1 1 B. Enforcement 1) Approval of the following draft model section granting citation powers to key personnel within the Division of Inspectional Services and the Fire Department. "Enforcement of violations" It shall be the duty of the following designated employee positions to enforce the provisions of this chapter. Persons so designated are authorized to exercise the authority provided in Penal Code Section 836.5 and to issue citations for violations of this chapter. The designated employee positions are: chief building official, plan check engineer, or ordinance compliance inspector, and assistant fire chief or fire inspector. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CERTAIN SECTIONS TO THE PALO ALTO MUNICIPAL CODE TO PROVIDE CITATION AUTHORITY TO CERTAIN DESIGNATED EMPLOYEE POSITIONS AND ALSO SETTING FORTH PENALTIES FOR VIOLATIONS OF THE UNIFORM CODES, Si&N CODE, AND FOR PUBLIC NUISANCES C. Rat Control 1) More City-wide publicity to be given to services provided by the county; 2) better utilization of the county's educational program to assist people in removing those conditions that attract roof rats. Mayor Henderson said he was concerned about storage of trailers and boats for three months; if such an owner used the boat or trailer for a weekend did another three-month period begin? Roy Abrams, City Attorney, said that staff had recommended a change in the ordinance that language be added saying "...in any one-year period." Mayor Henderson asked about the five to six months currently needed for enforcement; would would that change? Mr. Abrams replied that currently a violator was warned by letter, and if the matter were not resolved, letters from the City Attorney's office, to be followed by court action. It was hoped that issuance of a citation by Building and Fire departments would shorten the process by as much as three months. When an injunction was needed the process would be the same. He noted that in "nuisance" cases, that is, unsightly rubbish or the like, fines were charged with each dey constituting another offense -- that hastened enforcement. Mayor Henderson noted that the problem with roof rats seemed to be increasing; the county information did not seem adequate --could the City supplement that? Wi i l is Zaner, City Manager, said the City had contacted the county to fins out if the city could provide 00e. service on the problem of ror_tf- ratsa Vice Mayor Sher ascertained that the City Attorney would return with an ordinance prohibiting boat and house trailer storage. He added that a definition of "storage was needed so that it could be enforced consistently__ he about cars that we operable but parked rpei for long Mperio►ds of time. Councilimber Fletcher wondered if Council would include a prohibition agai ns t parking cars on lawns of res i dences . AMENDMENT: Councilmember Fletcher moved that Council direct that the ordinance certain a prohibition against vehic1*, parking on -paved areas. Fred Her n:v Chief Building Inspector, said that prohibition was in the 4I 8 2/4/80 new zoning ordinance --in its requirement for a front setback. AMENDMENT WITHDRAWN: Ccunci lmember Fletcher withdrew her motion, and added that fond left outdoors for household pets attracted roofrats. MOTION PASSED: The motion, that Council approve A, $ and C of the recommendations by the Policy and Procedures Committee passed en a unanimous vote. AMENDMENTS TO PAMC CHAPTER 9.14 Mayor Henderson said that he would propose discussing the various aspects of the proposed smoking ordinance separately, after hearing first from the public. Bob Karbel, Black Oak Restaurant said the proposed ordinance was ''...totally unfair for business people." He said the necessity to set aside 50% of the tables for non-smokers meant that diners were forced to wait for service while there were empty tables. He said that as manager his salary was based an the amount of money he took in, and so the ordinance would limit his pay. Councilor Fazzino said that diners could be offered 'smoking' or 'no smoking' areas and, in that way, avoid the need for waiting --if the restaurant were to be totally for smoking they would not ever: have that choice. Mr. Karbel pointed out portions of the ordinance that negated Councils Aber Fazzino's suggestion, also, he did not think 50 percent was a fair portion. Thomas Van Buskirk, 00000 El Camino Real, said he owned Mountain Mike's Pizza. He said he did not think it the business of Council to determine whether or not people smoked in a private restaurant. Patronage would drop off if patrons had to wait, particularly with 50 percent designated as non-smoking. He doubted if Palo Altans, who the Council represented, after ail, had complained to Council about smoking in restaurants. He asked hoe the proposed ordinance was to he enforced. Richard kluzek. President and Executive Director of the Palo Alto Chamber of Commerce, referred to a two -page letter he had sent Council on the topic of the smoking ordinance. The letter had contained a list of problem restaurant owners had with the proposed ordinance. Sixteen Palo Alto restaurants had already voluntarily committed ore -third of their seating Hpace to non-smoking. Louis Borele-L*Onelette. 4170 E1 Camino Real; said that he opposed the p ed ordinance though he himself f was a non-smoker, "...because it is an invasion; of freedom of doing business.t He felt it would be discriminating against smokers. He wanted an ordinance that would keep it possible for him to remain honest. P n Peakc Stir. yis Hk.ury House, Town and Country Village, said his restaurant had had separated sections. about one-third non-smoking, for four and one-half years voluntarily. He favored keeping the matter voluntary. Bob Williamson. Hyatt Hotels Palo Alto, said there had been a varying percentage of table space set aside for non-smokers at the hotel's three eating operations in tom; qty percent of the guest rooms had been designated non-smoking. He thought that to go above the percentage of one-third uould. and in fact did, lead to customers having to wait. He outlined some of the problems of dinner parties made up of some smokers 419 2/4/110 and some non-smokers. To require more than one-third would be to initiate a "radical program," he thought Jerry Richter, The Antique Restaurant, El Camino Real, said restaurants ran on seats , not on square feet; he did not want to give 50 percent over to non-smoking. He noted that Senate Bill 1107 had been passed by the state senate recommending a non-smoking section in all restaurants in the state, with the restaurateurs to determine what percentage. He emphasized that 'seats' and not `square feet' should be the criterion. Herbert Susrnann, 2330 Tasso. said that the various freedoms of the United States included the right to smoke as well as the right not to smoke. He noted that sometimes people's medical problems made it important to avoid smoke. He favored the ordinance that gave people the choice of places to sit. Michael Young, 424 Margarita Avenue, said he thought the decision of whether or not to establish smoking and non-smoking sections should be left to restaurant owners. He asked why bars were left as smoking areas, and the intent of stating that 50 or fewer seats should be non- smoking. Peter Brewer, 3840 Corina Way, said he thought there was a faster time in --time out for non-smoking diners, and so it might pay restaurant owners to cater to them. He did not think business suffered from having non-smoking sections. He had found that the less he exposed himself to smoke the more sensitive he became to it, thereby increasing his problem of finding a comfortable place to dire. Michael Ghilarducci, Liaison restaurant, 4101 El Camino Way, opposed the ordinance because patrons had to be pleased, and in one large room, such as his restaurant, it was difficult to tell diners not to smoke. Mike Gubner, said he represented the Hotel and Restaurant Association. He said he was sure that if the proposed ordinance became effective patronage would fall off with a resulting cutback in employment of non - skilled and semi -skilled employees. He thought many restaurant owners were fairly comfortable with the required 25 or 30 percent requirement. Frank Manfredi, 219 Addison Way, said he thought national government should protect national health by doing more to discourage smoking. Smoking and smokers played into the harts of profit takers. Robert Moss, 4010 Orme, said he and his daughter were prone to allergic reactions to tobacco smoke. He recounted how satisfactorily airlines had instituted nor --smoking sections sow years back. He thought the smoking ordinance was reasonable; Berkeley had prohibited smoking in all buildings open to the public, he said, Gloria Wall, 291:Creekside Drive, said her committee at the American Lung Association had put out a guide for restaurants for non-smokers, and there were only 44 in the whole of Santa Clara County. She said that any percentage less than twenty-five was not an adequate test of public acceptance. She noted that Bullocks had voluntarily initiated a no -smoking section, and had increased the sra _ hy n h1 Yr e.►d; s a Paul Hentzel„ 441 Nevada, said he favored the proposed ordinance, and said he thought it was inevitable that restaurants be opposed --they did not want to meet another requirement. He said there would be no drop in business, and 50 percent was a minimum space requirement. Ed O'Dwyer, 5992 Cahalan Avenue* said he was president of G.A.S.P. Groups against smoke pollution. of Santa Clara county. He read excerpts of a publication from The Tobacco Institute, s howl n9 that the pub l i c 420 2/4/80 testimony bore out the advice of that body on how to fight non-smoking groups. Melvin Bernstein, 726 Loma Verde, said the restaurant business was booming and a smoking ordinance would not trouble them. He recounted some bad experiences he had had as a non-smoker in trying to find non-- smokefilled sections to eat in. He spoke of the difficulty non-smokers had in restrooms, as well as restaurants. Dan Hollister, 164 Emerson, said he managed MAMA's restaurant in Stanford Shopping Center., He said 17 restaurants had agreed that a non-smoking section was a good idea. He said Mountain View and Los Altos restaurants who had non-smoking sections had set aside only 25 percent, whereas the 17 restaurants who had met in Palo Alto had set aside one-third of the seats, He wanted to hold the percentage at that. Roy Abrams, City Attorney, confined that five bills on no -smoking sections pended in the senate, submitted by Senator Sieroty--the bill about restaurants permitted the owner of the restaurant to designate the amount of area or number of seats for non-smokers. He confirmed that Council did have the authority to adopt an ordinance in the interests of public health. Enforcement of an ordinance would rewire that signs be posted, which then put the obligation on, the individuals, and individuals' cooperation had to be sought --the police could be contacted, for example. Ordinances were required to set limitations, and 50 seats or fewer had been the proposed limitation. That limitation was made because it was thought that less seat space would be ineffective as a buffer against smoking. One section was very important, he said, "'Smoking is permitted in the private offices of employees of both public and private Moyers...`: Council would have to determine if smoking would be prohibited in all public buildings or provide for certain areas in those buildings to be exempt from non-smoking prohibition. MOTION: Mayor Henderson mewed, seconded by Fletcher, that smoking be prohibited in public ruing rooms, per Section 9.14.040. Mr. Abrams said the section referred to meetings in public buildings -- any kind of meeting that was open to the public. The City, of douse, could not make law for federally or state-owned property. Councilmember Levy said he assumed that rent public rooms when public business was taking place. AMENDMENT: Counci lamr Levy moved, seconded by Witherspoon, that language '...when public business is conducted,!' be included in the section. Counc1lmember F/etcher rued the ament ; the tI4A0 smrAe t t gcr`d in ; she thought t okin should be banned from any public meeting room. Councilmember Brenner agreed. AMENDMENT T FAILED: The amendment failed on the fol l owi n g vote: AYES: Eyerly, Levy, Witherspoon NOES: Brenner, Farzzino, Fletcher, Henderson, Rerzel, Sher NATION: Mayor Henderson moved, sect by Sher, that Section 9.14.020 prohibiting smoking in elevators, be approved by Council. The motion passed on a unanimous vote. Councilor Levy asked that Council keep the portion of the proposed ordinance that related to smoking in restaurants, and the mining portions go to the Policy and Procedures C i ttee. NOTION: Mayor Henderson moved, seed by Renze1, than Council approve Section 9.14.050. 421 2/4/80 AMENDMENT: Councilmember Levy moved, seconded by Witherspoon, that Section 9.14.050 be referred to the Policy and Procedures Committee. Councilmember Levy reviewed Council. discussion on the proposed ordinance thus far; he thought it would be best to have detailed discussion of the proposed ordinance at the committee ievele-it had not yet gone there. Mayor Henderson said he thought the section was agreed upon; he did not think it had to go to committee. Councilmember Eyerly said he supported Councilmember Levy's proposed amendment --places where sporting events were held had been added to the section and that had not yet been discussed. He recalled that Syntex had asked that enforcement of the non-smoking ordinance be left to their own discretion. He said a provision in the ordinance did that for Syntex. He thought there might be similar elements in the rest of the ordinance and with Committee discussion there would not be the danger of the ordinance becoming overly stringent. Vice Mayor Sher agreed thet portions of the ordinance not now on the books should be discussed in more detail. He did not think the discussion of smoking in theaters should have to take place. He thought the addition of sporting events could be debated by Council that evening ----it was consistent with the prohibition of smoking in theaters. He would oppose the amendment to refer the paragraph to the Committee. Councilmember Fletcher said she did not want to delay further, though she would have favored referral to committee some time back. She was prepared to discuss the ordinance it its entirety --it was not fair to the public to have the matter return again and again to Council. Councilmember Levy said that since Section 9.14.050 was now the law nothing could be lost by referring the amended paragraph to Committee. He questioned what percentage of seats at athletic events should be set aside for non-smokers. Councilmember Fazzino said he thought the theater prohibition needed no further discussion; he noted that many pro hockey and basketball franchises had prohibited smoking for years because it was bad for the health of the players. He would support approval of the paragraph setting aside no smoking sections of sporting arenas. Councilmember Renzel said she thought prohibition. of smoking in sports arenas might also be a provision of the fire marshal. AMENDS FAILED: The amendment that the portion of the %actin» relar.! v g smok 3 nsg ai��f n w -s oki no sect l ons at_ 4 i events few � - _� �-r�t�a referred to coomdttee failed on the following vote: AYES: Eyerly, Levy, Witherspoon NOES: Brenner, Fazzino, Fletcher, Henderson, Renzel, Sher MAIN MOTION PASSED: The main motion, that Council approve Section 9.14.050 passed on a unanimous vote. Mayor Henderson said that discussion would now be restricted to setting aside non-smoking sections in restaurants. RECESS: Counu:il recessed from 9:45 to 10:00 p.m. 422 2/4/80 AMENDMENTS TO PAMC CHAPTER 9.14 M Cn . Counciimesnber Fletcher spoke in favor of having at least 50 percent non- smoking in restaurants. She equated the restaurateurs' fear of loss of business with a similar fear when Civil Rights law required that black.; be served when they went to restaurants, and loss of business had not occurred; she referred to one restaurant where she thought business had increased because there was a guaranteed smoke -free area. She foresaw a similar increase in business for other restaurants when the ordinance setting aside 50 percent was in effect. She wanted Palo Alto to take the lead. MOTION: Mayor Henderson moved, seconded by Fletcher, that Council aapprove section 9.14.070 setting aside 50 percent of restaurants for non-smoking. Councilor Eyerly noted that the proposed ordinance required "...not Tess than 50 percent of both the seating capacity and the floor space." AMENDMENT: Councilmenber° Eyerly moved, seconded by Witherspoon, that Council reword the section to read: "...no -soaking area of not less than 50 percent of the seating capacity in which customers are served." Vice Mayor Sher suggested changing the wording of the last phrase to "...in which customers are being served." Vice Mayor Sher said he thought that would achieve the required percentage of floor space and seats at any time. Council ember Eyerly agreed; his second, Councilmember Witherspoon, also agreed to the phrase change. Roy Abrams, City Attorney, observed that "being served" could lead to contiguous areas being unoccupied. Vice error Sher expl=ained that he meant that only 50 percent of the area in which service was occurring need be set aside for non -smoking -- restaurant owners had expressed concern on that matter. ANT PASSED: The amendment that the section read: "...no -smoking area of not less than 50 percent of the seating capacity in which customers are being served," passed on a unanimous vote. Vice Mayor Sher said he had been mayor when the tanking erdan cc -had -- deciding _ _ beef' see�3 �.Isce�e�d been Council�5 vote decidingii_ � to let stauranrs - set aside non-smoking areas on a voluntary basis. The Hotel and Restaurant Owners Association had agreed to work with him on that and the effect of the voluntary effort was to be monitored. It had not produced much compliance, though there was some gradual accommodation to wishes for non -wing areas at present. He said Council did not went to dftlace Pain J re$ t.tur nn$ &usi n s _. he him { s edit j� . ...• .•.��..r,ety SiY+i !1['R:.Zi�� a He 5aid he li�V been _i��iSG'M 7� of arguments both pro and con on the setting aside of non-smoking areas. He thought there could . be a reasonable compromise between the state - suggested 25 percent and the ordinance -suggested 50 percent, and that would be 33 1/3 percent. Mr. Kluzek had said that restaurants were now setting aside that percentage on a voluntary basis. That could be tried, and results could be monitored. AMENONENT: Vice Mayor Sher moved, send by Witherspoon, that in Section 9.14.070, "...one-third" be substituted for "50 percent. 423 2/4/60 Councilmciber Renzel said that one-third might be more realistic and more representative of the smokers/non-smokers patronizing a restaurant. She would support the amendment, somewhat reluctantly. Ccuncilrember Brenner said she hoped public censure would bring the percentage up to 50 percent as it had with the airlines. Mayor Henderson said he recalled the passage of the smoking ordinance some time back, and that there had not been much done on a voluntary basis. He would support the amendment to setting aside one-third for non-smokers. Restaurants that had 50 percent non-smoking areas would get his business. The amendment that the percentage in Section 9.14.070 be given as "one- third" passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Henderson, Levy, Renzel, Sher, Witherspoon NOES: Fletcher Counciimember Eyerly said that in spite of the Tobacco Institute report's statement about voting for candidates who took a stand against non- smoking he thought smoking could not successfully be legislated against. He thought less, rather than more, government regulation was needed. He reviewed the circumstances in which smoking occurred. He would vote against imposing non-smoking sections. Councilor Eazzina said he preferred not to legislate, but this issue concerned public health, and so he would support this '.. fair compromise." Councilmember• Levy asked why the words "...publicly or privately" were needed; couldn't "every coffee shop": he said instead? Mr. Abrams replied that it excluded the argument that only public coffee shops were intended. AMENDMENT: Counci lmember Levy moved, seconded by Eyerly, that the word "occupied" be replaced with 'in service". Councilor Levy noted that his wording would take care of restaurants whose capacity was 50 or fewer persons. Vice Mayor Sher said he thought the proposed amendment would unduly complicate the application of the ordinance for certain restaurants. AMENDMENT FAILED: The amendment failed en the fol l o li ng vote: AYES: Eyerly, Levy, Witherspoon NOES: Brenner, Eazzin,. Fletcher, Henderson, Renzel, Sher AMENDMENT: Councilmember Levy moved, seconded by Eyerly, that the following words be added: "Any restaurant may be excepted from the non- smoking previsions of this ordinance providing it does the following: 1) Give =`ot1r.n th Cif d -its f i c Aecira:to be exes+ted r1 .� • `. .v �.. a.� to a.rec City �� r � ati- z r iii �i � 3 .� .. � �. r,,. -..,F„ vr...+ ; display prominently beneath the restaurant's ire, wherever the n&ne appears, including but not limited to all signs, advertisMents and menus, the phrase: `'€his establishment does not have a non-smoking section." Councilor Levy explained that his amendment would give patrons and restaurant oars freedom of choice and remove the onus of over -regulation by government. He said the required statement meant that patrons would not be misled into thinking the restaurant had a non-smoking section. Corrected See Pg. 500 3/10/80 424 2/4/80 AMENDMENT FAILED: The amendment failed on the following vote: AYES: Eyerly, Levy, Witherspoon NOES: Brenner, Fazzino, Fletcher, Henderson, Renzel, Sher MAIN MOTION PASSED: The main motion, as amended, that Council approve section 9.14.070 setting aside 33 1/3 percent of the seating capacity of restaurants as non-smoking sections passed on the following vote: AYES: Brenner, Fazzino, Fietcner, Henderson, Levy, Renzel, Sher NOES: Eyerly, Witherspoon Mayor Henderson said Council would deal next with smoking regulations in retail, commercial and banking establishments. Councilmember Fazzino said he ,' alt it would be discriminatory to have smoking regulations in banking'. stablishments. MOTION: Councilmember Fazzino moved, seconded by Henderson, that Council approve section 9.14.060. AMENDMENT: Councilmember Fazzino proposed using the words "...retail, commercial and service establishments which do business with the general public." SUBSTITUTE AMENDMENT: Councilmember Fletcher read a section from a Berkeley ordinance on smoking and moved to insert this language in 9.14.060: "Smoking is prohibited within all areas open to the public, and business establishments dealing in goods, services not otherwise mentioned in this section, including but not limited to automobile showrooms, banks, savings and loan offices, and insurance offices." Councilmember Brenner asked Mr, Abrams if the Berkeley ordinance differed effectively from the proposed Palo Alto ordinance. Mr. Abrams replied that some exceptions included in the Palo Alto ordinance did not occur in the Berkeley ordinance, such as the lobby area; also, the Berkeley ordinance did begin to deal with the office smoking situation. Councilmember Fletcher said she had contacted Berkeley and learned that since the ordinance went into effect in 1977 there had been fewer than five cases of prosecution on the ordinance --the ordinance had not been challenged. Councilmember Fazzino Bald he would accept Councilmember Fletcher's proposed substitution for his amendment. -:COUtititiefetber Witherspoon said she thought the substitute wording bypassed the essential place when no sing should occur, namely a lobby or waiting room. She would not support the proposed substitute amendment. MOTION TO REFER: Councilmember Levy :roved, seconded by Witherspoon, that tv% a i..At s'a �Yi3''i- eibet$ i.t-- o 14 50, -_o -1.•.+ i Vf the oediiTato;t ....r..v.... d• r:.V4i97 �i6N 4iftL go to the Policy and Procedures Committee for further detailed discussion. Councilmember Renzel said she thought sections 9.14.080 and -090 would profit from community discussion. Vice Mayor Sher, said he thought refinement of the specified portions would take place et cOmmittee level and Council would then get a committee recommendation.- He would support the motion to refer. 425 2/4/80 Mayor Henderson said he was prepared to vote on the sections, and not prolong discussion at the Council level. Councilmember Brenner said she would like to finish voting on the ordinance that evening also. MOTION TO REFER PASSED: The motion that sections 9.14.050, -080, and - 090 be referred to the Policy and Procedures Committee passed on the following vote: AYES: Eyerly, Levy, Renzel, Sher, Witherspoon NCES: Brenner, Fazzino Fletcher, Henderson MOTION: Mayor Henderson introduced the ordinance as amended above and moved, seconded by Renzel, that Council approve it for first reading. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 9.14 OF THE PALO ALTO MUNICIPAL CODE REGARDING SMOKING The ordinance as amended was approved for first reading on a unanimous vote. AMENDMENT TO PALO ALTO MUNICIPAL CODE g ,EtIM77.. \.. ► ,UTIONS 1 • � C�.a+a.on..veK�s Councilmember Fletcher said the state had initially required in the Political Reform Act that any contributions or contributors of $50 or more were to be disclosed. Palo Alto had added a requirement that contributions and contributors were to be published in the newspaper. Now it was proposed tc amend the $50.00 to $100.00 in line with State requirements. MOTION: Councilmember Fletcher introduced the following ordinance for first reading and moved, seconded by Henderson, that $50 be substituted for the $100 stated in the ordinance: ORDNANCE'.OF THE'COUNCIL-OrTHL CITY OF PALO ALTO AMENDING SECTION 2.40.040 OF THE PALO ALTO INIC I PAL COM REGARDING THE PUBLICATION OF CONTRIBUTIO4S AND CONTRIBUTORS TO CANDIDATES IN A SPECIAL OR GENERAL ELECTION Mr, Abra3T54 A`e urr :y, confirmed that cities could adopt their own election procedures, within reason, and so $50 could be substituted. The state form would then have to be modified for use in Palo Alto elections. Councilor Eyerly said he thought it would be wisest for the City to remain in agreement with the state guidelines. Councilmember Levy agreed; he thought it was less confusing for the City to be comsistent with the state. Councilmember Renzel said she thought a small city such as Palo Alto should encourage openness in . government; listing contributors of $50 or more would do that, 426 2/4/80 Mr. Abrams explained that the City would have to adopt an ordinance that required that anonymous contributions be limited to $50. SUBSTITUTE MOTION: Councilmember Fletcher moved, seconded by Henderson, that Council direct staff to prepare another ordinance requiring that contributions and contributors of $50 or more be reported. Councilmember Fazzino said that he did not think the proposed $100 limit set by the State did much in view of the inflation; also, he wanted to conform with state law when possible. Councilmember Brenner said she thought it worthwhile to report $50; in the interests of public information she supported the substitute motion. SUBSTITUTE MOTION PASSED: The substitute motion asking the City Attorney to prepare an ordinance requiring reporting and publishing of contrii'Jutions of $50.00 and up passed on the following vote: AYES: Brenner, Fletcher, Henderson, Renzel, Sher NOES: Eyerly, Fazzino, Levy, Witherspoon COUNCIL PROCEDURES: AI,PoPm4ENT- O OFfl IALS Councilmember Fazzino said he thought it would be all right to him to authorize the City Clerk, with the City Manager's concurrence, to place on the agenda unfinished business items wherever it is deemed appropriate. He was concerned more about the present agenda order —he thought it had been developed in 1909. He would like to have the entire matter sent to the Policy and Procedures Committee. He suggested that the Mayor could also have input into the development of the agenda, along with staff. MOTION: Councilmember Fazzino moved, seconded by Witherspoon, that the matter of the order of business as embodied by the agenda go to the Policy and Procedures Committee for review. The motion passed on the following vote; AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Renzel, Sher, Witherspoon NOES: Ley Councilmember Fazzino said he was troubled less by voting in public for commissioners" and the like than he was with voting for Mayor and V l ce Mayor. It was a basic personnel matter; the Brown Act allowed personnel ratters to be discussed in private. He did not think the public could gain from having the offices e�oter�ad en in r...fw.9i.. He thought it_ _ ded _._._ _ . . . , . _ v --- .a.�..- .vw� en in -fs[Ytii fy• He . .. -�{b unnecessary stress to the first and se Council meetingt of the fiscal year. MOTION: Councilmember Fazzino moved, seconded by Brenner, that the matter of election of Mayor and Vice Mayor be sent to the Policy and Procedures Committee for general review. Councllmember. Fazzino said there were alternatives to consider: determination by lot, rotation, election by the public. He thought the Committee should report to Council by May 15, with the next election of Mayor and Vice Mayor scheduled for July, Councitmember Fletcher said she opposed the motion. Such referral had been voted down when it was voted en some time back. She thought the election of Mayor and Vice Mayor should take place in public because elected officials were elected to conduct business in public. Election 427 2/4/80 1 of Mayor by the public was for cities where the Mayor was full time and was compensated accordingly. Councilmember Renzel said she did not mind holding election of Mayor and Vice Mayor in public --the Committee could discuss other alternatives, however, and she would support a referral to Committee for it to examine the entire process. Councilmember Brenner said she thought it was timely to discuss alternative methods of electing mayor and vice mayor. She would support the motion. Councilmember Witherspoon said she did not mind the electing of Mayor and Vice Mayor in public; she did think interviewing candidates for commissions in public could be re -assessed. Those who did the interviewing were concerned about haw candidates might feel about various questions, and the whole process was less spontaneous. Herb Borock, 3401 Ross Road, said he supported the City Attorney's recommendation for discontinuance of the secret ballot for appointment of members of boards and commissions and for election of Mayor and Vice Mayor. Discontinuance of secret balloting read been required by the Ralph M. Brown Act and to do otherwise was against the law. He said that in some other cities the names of both the person doing the voting and the candidate for whom he/she was voting were written on a slip of paper, and the City Clerk read both names at the same time. Other changes to be considered in the voting procedure could he referred to Committee. Mayor Henderson said he had always been for open voting; Ne saw no problem with the present system. He would vote against referral. MOTION PASSED: The ration that the ratter of method of election of Mayor and Vice Mayer be sent to the Policy and Procedures Committee for general review, eith staff to report back by May 15, passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Levy, Renzel, Witherspoon NOES: Fletcher, Henderson, Sher MOTION: Councilor Renzel introduced the following ordinance for first reading and moved, seconded by Brenner, that Council approve the staff recommendation that there be open balloting for members of boards and co i s s i ons as well as for Mayor and Vice Mayor in accordance with the Brown Act. ORDINANCE OF THE COMMof THE CITY OF PALO ALTO AMENDING SECTION 2.04.060 OF THE PALO ALTO MUNICIPAL CODE WHICH_ SETS S FORM ORDER Of BUSINESS FOR CITY COUNCIL MEETINGS Councilmember Fl etcher said she wl d 11ke to have the resumes and applications for candidates for boards and commissions be made available to the public. Corrected See Pg. 500 3/10/80 Corrected See Pq. 500 3/10/80 AMENDMENT Councilmember Fletcher moved, seconded by Renzel, that applications for candidates to boards and commissions be made available for reading by the public in the City Clerk's office. Councilmember Fletcher said that applicants would be made aware that their applications were to be made available for public reading. Councilmember Renzel asked City Clerk Ann Tanner if those applications were available for review. 428 2/4/80 1 City Clerk Tanner said Council had decided two years egg that the names and addresses of applicants were to be published; resuMEs were to be made available to Council only until appointment was made, then the resumes of those appointed wer made public. At present only Counci lmembers received the candidate's rests. Mayor Henderson steed up that the applications and resue4 were to be made available to the public for reading at the City Clerk's office but would not be printed for general distribution in packets and the like. AMENDMENT PASSED: The amendment passed on the following vote: AYES: Brenner, Eyerly, Fletcher, Henderson, Levy, Renzel NOES: Fazzino, Sher, Witherspoon Councilmember Eyerly said he was against the main motion -,-he did not think the Brown Act meant that the process had to be entirely open; open voting brought political pressure into the voting process. Political pressure made it more difficult for Councilors to vote as their consciences dictated. Vice Mayor Sher said that though he was sympathetic to Councilmember Eyerly's view he thought the City Attorney's reoort raised a substantial question about the legality of not having public voting. He wanted Palo Alto to conform with the Brown Act. MAIN MOTION AS AMENDED PASSE(}: The main motion that Council approve the ordinance and that there be open balloting for candidates for boards and commissions as well ae for Mayor and Vice Mayor passed on tho following vete: AYES: Brenner, f lets r-, }Waerson, Levy, Renzel, Sher NOES: Eyerly, Fazzlno ABSTAIN: Witherspoon Mayor Henderson noted that Council had three more items --it had been in session since 6:00 p.m., for an Executive session held before the regular meeting. He asked for brevity. CONSIDERATION OF CONTINUED FINDING 35:0) MOTION: Mayor Henri __ by Fletcher, the staff recommendation ..atus Y��+�."'T"a�i �� t se that 1) Council authorize continued funding of the forum for a s i x -month period for a total cost to City of $5,000; 2) such financing contingent upon redirection of Forum as set forth in the 'Proposed Modifications/Additions"; and 3) staff to be directed to report back during the normal beset press as to the desirability of continued funding beyond the $5000 that will carry the Forum to mid -1980. Mayor Henderson said he had been attending the forte, and he had found the discussions among Stanford people, real estate people, a delegate from: the Planning Commission, and anthers to be well worthwhile. 'The result (.of the discussions) has been a very significant increase of understanding the concerns and needs of the various participants." Mayor Henderson said he supported the City Manager's recommendation; he noted that the funding would cover a six -nth period. 429 2/4/80 Councilmember Fletcher said she had felt the lack of communication with the Palo Alto/Stanford Form. She would like more information about what was discussed, and more notice given of the meetings. Councilmember Reuel confirmed that the $5000 was to come from contingency funds; she asked if that was under the Planning Department. Mr. Zaner said that the contingency fund was not adjoined to the Planning Department. Councilmember Renzel noted that the Planning Department was short- staffed and overworked. She was concerned that an outside planning function was to be funded and she did not think she could put a high priority on it. There were other City/Stanford groups and they did not reed funding; the grant application for an inventory of the City's historical sites awaited writing --she would rather fund then. She had not been apprised of what the Forum was doing; she had not known that the Mayor was attending. She did not think that the Council was a recipient of any benefits from it. She would not support funding the forum. Councilmember Eyerly said it seemed to him that since the officials of Stanford had not been able to make a go of anything with the Council they had turned to the forum to defuse the antagonism that might be directed toward their ideas before the ideas cause before Council. "i feel left out, like Emily does, and i look at these forums reports that we have before us tonight of eleven or twelve pages and there's a lot of ... points in there as to ghat was done, but i haven't received any notice or minutes of what activities have been carried on, . ." He thought Council needed more information and to be assured that the croup had the interests of Council in mind as well as those of Stanford. So,far it had all been to Stanford's advantage. Councilmember Witherspoon said she did not know why, in this sophisticated Corrected community, the Foram needed a staff; she would rather spend the money on See Pg. 500 projects she felt were more important. 3/10/80 Councilmember Brenner said she did not think staff time should be given to the meetings; she wanted the City's Planning Department, which had been cut to the bone, to be spared more expenditure of time and to receive more help. She agreed that public forums were of public benefit but she thought. public funding might limit them. She said she thought Council was short-changed when compromise took place without pub l i c participation. Councilmember Fazzino said he had been angry at the way Stanford had founded the Forum a year and one-half ago. He thought that rather than funding people to have neetings with Stanford he thought liaison groups and representatives of Council should meet with them. He noted that Hewlett-Packard was organizing a get-together among Ind trial Park companies to discuss many of the issues on the agenda for the Forum for 1981. He did, however, applaud the sincerity of participants' goals of the Forum. He did not want to fund for six months; he thought that would lead to further requests that would become difficult to turn gym. He wanted to encourage the Forum to find funding in other than the public sector. William saner, City Manager, acknowledged the justification for Cauncilm ers' objectioes;.he himself had raised the points to the Forum, and "...the result of those discussions is a new direction ...the organization changed substantially in both its method of operation and in the content." He noted that the Forum had not been designed to bring about compromise between City and Stanford on issues and in the absence of the Council. The Forte's purpose had been to fully explore issues before they were raised before Council. There was to be more openness in Forum meetings 430 2/4/80 now, with more access to the press and individuals who wanted to participate in the activities. The Forum was not set up solely for Stanford --it was to be a mutual City/Stanford undertaking. He thought the program had value and he recommended that it be funded for at least six months to see whether Council could determine if the new direction were satisfactory. A discussion ensued on the way the Forum was set up: no one set the agenda; the group did not report; there was little direction up to now. Mr. Zaner said he thought that with the new proposed management the City would be well represented. He recommended funding the newly organized Forum for six months, with $5000 each from both the City and Stanford. Councilor Levy said he thought dialogue between Stanford and the City was one of Council's most important matters; he thought it would be worth funding for six months. Ceuncil ber Renzel asked for a distinction between discussions at the Forum and at the Stanford/City Liaison Committee, which was now the existing structure between the City and Stanford. Mr. Zaner replied that the newly structured Forum would offer a much broader pl atfof.t '1nd it provided another opportunity for people to express themselves in a somewhat informal atmosphere as they presented ;heir organizations' opinions and that without imminence of a need for a decision; the newly structured Forum would not replace any current organizations --it would augment thews. Counci lmemher Brenner determined that about 15 hours a month of City staff time would go into the Forum; meetings were after-hours and cther community people could attend. Mr. Zaner added that decision eskers had yet to be determined; everyone was able to attend with the process determining who decided things. Counciimember Brenner said the City's financial condition did not permit expansion into "...an amorphous group." Mayor Henderson said he, the Planning Director and the City Manager had agreed that if possible continuation of the Forum for six months would be beneficial. Councilor Fazzino said -that though the public relations efforts of the Forum had been "...absolutely horrendous" he had been somewhat convinced of its worth; he would support the motion. MOTION PASSED: The motion that Council approve the staff recommendation that the City fund the Forum $5000 for six months, with a report to be wrote to Cou ci l by mid -1980, - passed on tie following vote: AYES: Fazzino, Fletcher, Henderson, Levy, Sher NOES; Brenner, Eyerly, Renzel, Witherspoon STATUS OF ANFORD IN TRIAL PARK SHUTTLE row anuar;Y Council er Fletcher said the matter of the proposed shuttle service had gone to the Finance, Para -coordinating Council, and Planning committees of the Transportation Commission. She said she would report when the matter returned from those committees. She said there had been a proposal for restructuring fares for t. Transportation District; a hearing was to be held in San Jose the evening of February 27 --prior to that each of 4 3 I 2/4/8© the cities in the district would hold community hearings/workshops/meetings for the public. Palo Alto's meeting would be the evening of Thursday, February 8 p.m., Room R at Lucie Stern Center. Councilmember Fletcher continued: the southern loop bus route for which Palo Alto had asked priority, was to be implemented July l --that loop would go from Louis Road to Gunn High School, then on Hillview Avenue through the Industrial Park to California Avenue and return Colorado Avenue to Greer and loop to repeat. That would help four Cubberley students now attending Gunn. Council rer Levy said he thought it was absurd for the County not to take over the shuttle; he said that if the shuttle did not work as anticipated, and was "right," to the extent that if the shuttle idea did not work "then I think our whole corridor transportation thinking has got to be suspect." This small-scale, low-cost test should be a good test of the corridor transportation. He objected to how it had been apparently cast aside, and he thought Council should join in telling the Transportation Commission that it should initiate the shuttle, making needed improvements as it went along. MOTION: Councilmember Levy moved, seconded by Renzel, that Council authorize the Mayor to write the Transportation Commission emphasizing the City's belief in the importance of establishing and maintaining the Stanford Industrial Park shuttle route; a copy to go to the Board of Supervisors. Naphtali Knox, Director of Planning and Community Environment, said that staff had learned that the county transportation system was not prepared to deal with a small shuttle system; it was prepared to deal with large buses running fixed routes running less frequently and driven by unionized, highly paid drivers. He said the City was currently operating the shuttle on contract which had a great deal of flexibility, and could therefore do things governmentcould not. The companies in Industrial Park had started the shuttle system. Mr. Knox said that if the City asked the Transportation Commission to take over the shuttle, and the shuttle did no better than some of the current bus routes, the shuttle could be killed, whereas the wish was to keep the shuttle operating. Mayor Henderson expressed regret that industries had discontinued funding, apparently on the assumption that they did not benefit sufficiently. Mr. Knox reminded Council that industry was paying for the shuttle in that transportation mitigation funds paid by Hewlett-Packard were being used to pay for the shuttle through this fiscal year; also, riders contributed by buying tickets. Councilmember Fletcher noted that Ted Noguchi, Director of Transportation, had applied to CalTrans for funding. MOTION PASSED: The motion that Council authorize the Mayor to write a letter to the Transportation Commission saying that the City favored continuance of the shuttle service. passed on a unanimous vote. LOCAL ADVISORY PROPOSITION ON (CMR:102:0) rtontinuell from January 21. 19 80) Mr. Zaner said that as of this week 61 cities in California had moved to place the matter of sales tax revenue distribution on the ballot as an advisory question. Tte single most important factor. the said, .was that if "Janis I'm (Proposition 4) passed the legislature would probably re- do the financial structure between the state and cities --it was not known . i f the sales tax would be touched in the possible proccess . . • 432 2/4/80 MOTION: Councilmember Eyerly moved, seconded by Renzel, that Council approve the staff recommendation that the matter be placed before the voters of Palo Alto for their consideration, and that the necessary steps be taken to consolidate the election with the June primary election. The motion passed on a unanimous vote. R€(JEST OF OUNCILMEMBER LEVY le: Fti- f E FINMCt . e5TAgtE Councilor Levy said that in the light of Propositions 13 and 4 it was important for Palo Alto to have a five year summary financial projection, to consist of estimated operating costs and revenues for the City as a whole and for each department singly, and assuming continuance of existing programs. The purpose would be to gauge the City's ability to provide existing services over the next five years. Councilmember Levy said he did not suggest that the plan be elaborate. Costs likely to be incurred over the next five years could be mea s rued aga i rrs t the income from various sources over the next five years. It was not unlikely that with present inflation a dramatically wide gap might open since some income sources rye only 4 percent. MOTION: Counci1sre ,er Levy moved, seconded by Fazzino, that Council direct staff to provide a projection of expenses and revenues for the next five years. Councilmember Levy emphasized that he did not need an elaborate plan. He thought a couple of hours of staff work might produce it. Councilmember Eyerly said hc thought the January 17, 1980 report by Mr. Zaner expressed his own concern that drawing up such a report would accomplish little and take valuable staff time. Even if predictions for the next five years could be made, they could not be made with accuracy, but just the existence of such a report would lead citizens to think it was the budget. He would not support the motion. MOTION PASSED: The motion passed on the following vote: AYES: Brenner, Fazzino, Henderson, Levy, Renzel, Sher, Witherspoon NHS: Eyerly, Fletcher COONCILMEMBER LEVY RE MARKET mR. Councilmember Levy referred to the lease with Peninsula Conservation Center the City had agreed upon, with market value of the property estimated at $100 mthly, yet the lease called for $600 monthly. Co cilis agreement had been unanimous, he said, thus it had implicitly supported a 'gift' of $400 monthly to PCC. MOTION: Councilmember Levy moved; seconded by Eyerly, that Council refer a request to the Finance and Public Works Committee that it have the 1980-81 budget shorn the market value of services or property made available by the City to outside contractors or organizations. Councilmember Levy said he thought the City ought to keep track of both money and also dollar equivalents of services or property made available to contractors, organizations, or individuals. Vice Mayor Sher said he recalled that one of the reasons the $600 mthly charge had been permitted was that PCC was to provide public benefits to cities, as did the contracts with the Housing Corporation, and Child 433 2/4/80 Care. Such considerations were not "gifts" and the City was receiving $1000, according to his understanding, and that $1000 was made up of money and services. Councilmember Levy acknowledged that that was correct, and he felt that such figures should show in the budget. MOTION PASSED: The motion passed on a unanimous vote. COUNCILMEMBER RENZEL RE: rairorTrommirrnsmoAD Councilor Renzel noted that ir, packets there had been a notice of withdrawal of dedication of the Palo Alto Gardens access road.- She said that when the Grant 8 Bridges project had been approved an agreement with them to pass through had been made. She thought it might possibly have even been required that the road become public. She asked if there were any other way the City could accept that as a public road if it were to be offered again. She thought it was important because three properties accessed on that road; severe deficiences in the roadway would have to be absorbed by the City. Mr. Zaner said he would report to Council on that matter soon. CANCELLATION OF MEETING tirrtM§rn=TMZ-NEETING TO Councilmember Fazzino moved, seconded by Henderson, that Council cancel the regular meeting set. for February 11, and set a special meeting for February 12, so that the county could meet with Council to discuss the housing/job situation. The motion passed on a unanimous vote. ORAL COMMUNICATIONS 1. Jim Gregg, 2513 Alma, spoke of appreciation for having been contacted by the City on a matter he had raised some time back. ADJOURNMENT Council adjourned at 12:02 a.m. APPROVE: