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HomeMy WebLinkAbout1980-02-19 City Council Summary MinutesRegular Meeting February 19, 1980 ITEM PAGE Oral Communications 1. Curtis Van Vllet, 455 Forest Avenue 453 Consent Calenda - Action Items Sol Park: Park Improvement - Ordinance Fer 453 Bridge Platform Ordinance Re Citation Authority and Setting 453 Penalties for Violation Ordinance Re Contributions During City Elections 454 Public Hearing: 433-435 Romer Avenue - Approval of 454 Tentative Subdivision Map of Danforth E. Apker Adult Crossing Guard Warrants 455 Amendments to Zoning Ordinance 455 2180 El Camino Real - Appeal from Decision of Zoning 456 Administrator by Andrew Ring III 760-750 Webster Street - Appeal from Decision of Zoning 457 to Grant a Variance by Laurence Spitters Ordinance Re S kin; 459 Municipal Golf Course _ Interim Coffee Slop and Golf 460 Pro Agreements Noise Issues - _ ._ _ - _. -- 463 . �.. e.s.�ar�a �y���. i of Ir.lc Report City Lien; Re Advisory Ballot Measure For 46S Special Elections: Amts and Impartial Analysis Request of CouncilCouncilmember Witherspoon Re Increase in 466 Council Compensation CitV MaralielMr Tani,- Om writ al r . ai a ....1,4 vM ! J ! 5-C Icpi9T si, Request of Meyer Henderson Re ni r p $: ; and Sale of Drug Paraphernalia Mayor Henderson Re Planning !ssioft Ieterviews Method of Correcting Council Minutes Adjournment 467 �!Y 467 466 468 452 U19/80 February 19, 1980 Regular Meeting The City Council met on this date at the City /Hall, 250 Hamilton, at 7:42 p.m., Mayor Henderson presiding. PRESENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon ABSENT: None ORAL COMMUNICATIONS I. Curtis Van Vliet, 455 Forest Avenue, spoke of possessing psychic powers that enabled him to bring together both past and future. He asked that Council confirm those powers so that he could get a loan of money "...and T do need help right away." Mayor Henderson asked that he leave his phone number with the City Clerk. CONSENT CALENDAR Referral Items None Action Items Council tuber Fletcher asked that the ratters on the smoking ordinance and appeal on zoning change for property at 2180 El Camino Real be removed from the consent calendar. Councilmember Witherspoon asked that the matter concerning the property at 740-750 Webster Street be removed from the Consent calendar. Councilor Renzel asked that the matter concerning amendments to the zoning ordinance be removed from the consent calendar, Councilors Witherspoon, Fazzino and Eyerly asked that their votes on the matter concerning contributions during elections be recorded as "no." The following items reAa i ned on the consent ca l ego r : BOL PARK: PARK IMPROVEMENT (c 144:n) Staff recommends that Council approve the foi oilserEg ordinance for first readi ng : ORDINANCE OF THE COMM OF THE CITY OF - �19f\AIAa{s+►aia AND ADOPTING t PLAN FOR THE -"PALO-ALTO APPROVING ii r T ING af°t rL rOR t HE --CONSTRUCTION-Of-NEW BROICE-DECKING---AND-nSIILLATION OF no BENCHES ALONG EXISTING BIKE PATH IN DOL PARK - L IN E RE CITATION AUTHORITY This ordinance for second reading provides citation authority to certain designated employees and also gives provision for penalties to the uniform code, sign code and for public nuisance. 453 Z/19/80 ORDINANCE 3184 entitled "ORDINANCE OF THE COUNCIL 4F THE CITY OF PALO ALTO ADDING CERTAIN SECTIONS TO THE PALO ALTO MUNICIPAL C0IE TO PROVIDE CITATION AUTHORITY TO CERTAIN DESIGNATED EMPLOYEE POSITIONS AND ALSO SETTING FORTH PENALTIES FOR VIOLATIONS OF THE UNIFORM CODES, SIGN CODE AND FOR PUBLIC NUISANCES." (First reading 2/4/80) ORDINANCE RE CONTRIBUTIONS This ordinance, for first reading, deals with contributions for candidates for City offices, so that names of those contributing $50 or more will be made public. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 2.40.040 AND ADDING SECTION 2.40.050 TO THE PALO ALTO MUNICIPAL CODE REGARDING THE PUBLICATION OF CONTRIBUTIONS AND CONTRIBUTORS TO CANDIDATES IN CITY ELECTIONS AND REGARDING THE LIMITATION OF ANONYMOUS CONTRIBUTIONS IN SAID ELECTIONS MOTION: Councilmen- er Witherspoon mover, seconded by Fazzino, that Council approve the Consent Calendar. The motion passed on a unanimous vote, with Counciln tubers Eyerly, Fazzino and Witherspoon voting no on the matter concerning contributors to candidates for City elections. PUBLIC HEARING: 41 RITIVENUE XPPINIMATArrit SUBDIVISION The Planning Commission by a vote of 5-1 (Commissioner Gordon dissenting) recommends approval of the application of Danforth E. Apker for approval of a tentative subdivision map for property located at 433-445 Homer Avenue, subject to conditions in the January 25, 1980, staff report. Mayor Henderson declared the public hearing open. Hearing no one tut wished to speak, he declared the public meting closed. MOTION1 Councilmember Witherspoon moved, seconded by Fletcher, that Council approve the Planning Commission recommendation to approve the application for tentative subdivision map, and said that it did not have a significant impact on the environment and was in conformance to the Coevreheesive Plan. Councilmember Brenner said ehe did too_ went . to yot apprnvkl witturtut having more information. Ken Schreiber, Assistant Director of Planning, said that only the map, which C-ouncimembers had before them needed approval; it had already been approved by the Architectural Review ford. - Councilmember Renzel said s had trouble finding where the ingress and egress to.the subdivision were --she could not find it had no significant environmental impact without that basic information, and so would abstain. MOTION PASSED: The motion passed on the following vote. AYES: Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon HOES: Brenner. ABSTAIN: Levy, Renzel 454 2/ WOO ADULT CROSSING GUARD WARRANTS (CHR:145:0) Chairman Fazzino, representing the City/School Liaison Committee, said he thought the warrants developed by City staff along with the Palo Alto School District staff were adequate. Council had approved money for the traffic guard program some months back. MOTION: Councilmember Fazzino moved, seconded by Renzel, that Council approve the committee's recommendation to adopt the warrants for adult crossing guards. Councilmember Fletcher said she thought the reasons for the need for crossing guards were good. Councilmember Levy praised the cooperation between the City and School Liaison committee members. MOTION PASSED: The motion approving warrants for adult crossing guards passed on a unanimous vote. AMENDMENTS TO THE ZONING ORDINANCE Corrected See Pg. 513 3/24/80 Councilmember Renzel said she had removed the matter from the consent calendar because she had concerns about the daylight plane for both side and front yards. The daylight plane requirement provided open space for the streetscape in that t kept buildings from looking too massive in a given area. The earlier ordinance had required a three -feet setback per story; she thought there might not have been adequate discussion of the other purposes of the daylight plane and she thought any recent bonus should be connected to the affordable housing. MOTION: Councilmember Renzel Moved, seconded by Sher, that Council refer the daylight plane aspect of the recommendation back to the Planning Commission for further discussion, and approve the remainder of the ordinance for first reading. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CERTAIN SECTIONS TO ZONING ORDINANCE MAKING MINOR CHANGE TO EXCEPTIONS TO NONCONFORMING USE SECTIONS Councilmember Renzel amplified that she meant all sections relating to the daylight plane, including those areas which abutted, that is, sections 1-15. george Zimmerman said that _C.owtc11 . r Renzel had said that in zones ilet-3 to 1-5 a building could be 50 feet high, and right now it could nne Wr; !ie'! n said h rk.s .-c.. that - ,..d.�........,.o.. said :w� wstvibs�116 LfW� Yi t!e'_daylight elAstqe irmr.o► eliminated :_ - _. .._ , 4�d f = o_ !treat/side y os in the lower density zones it would not have much effect. Did Councilmember Renzel went all of the zones considered? Councilmember Renzel said she did want all the zone considered --when the matter returned to Co Vi sue# - -- She '�_ ....�:� ..�....,. - .+.c discussed. ��.itaaC'7u: _ .i�Y� feared blanket application night result in a kind of development t of onsistervt with Palo Alto's wishes. C,..acilmember u;euner asked if there was -a restriction of the percentage of a wall that could be used for a bay window. She had thought it was limited to about 50 percent. She thought there should be a parallel limitation en encroachment of a he window --were the limit set, the addition of a bay window would not be an 'encroachment.' Mr. Zimmerman said a limitation could be added; that matter did not have to qv to the Planning Commission since the intent was not changed. 455 2119/80 i i Vice Mayor Sher explained that he had seconded Councilmawnber Renzel's notion because there had been very little in the Planning Commission minutes explaining why the daylight plan consideration had been deleted -- he daylight plane was to have been an important part of the zoning ordinance. He thought Council should see why setbacks might be adequate without daylight plane requirements, since daylight plane requirements had been thought important. Councilor Eyerly ascertained the amount of information staff gave the Planning Commission which it based its opinions. Mr. Zimmerman said that the background material given to the Planning Commission had inad- vertently beer omitted from the Council packet, Councilor Renzel asked that the daylight plane in relation to private Corrected streets also be included. See Pg. 513 3/24/80 Robert Moss, 4010 fie, recalled the lengthy discussions held about the daylight plane during talks preceding the adoption of the zoning ordinance. The daylight plane was thought to hold promise and he did not think the principle had been discussed adequately and he thought it should be given a chance to operate. He added that technically "3.0 meters" should be listed as "3.3 meters" to equat 10 feet. The motion that sections 1.5 of the proposed ordinance be referred back to the Planning Commission for further discussion of the daylight plane and that the remainder of the ordinance be approved for first reading passed on a unanimous vote. Mayor Henderson added that language proposed to amplify ify limitations regarding bay windows should also return to Council. 2180 EL CAMIhO REAL OF niFfinalffEMMITIT The Planning Commission unanimously recommends approval of the appeal of Ring 111 from the decision of the zoning administrator to grant a use petit for property located at 2180 El Camino Real, subject to conditions listed in the January 30, 1980, mai nu tes . Councilmember Fletcher said she wanted to oppose the Planning Commission recommendation that the decision to have a drive -op wires be permitted She said that some time back she had submitted a report by.a. San Jose ol9r.:eft.sivs id!owlee ient b uiid p of toxic rumes at drive_ue Wind S posed a significant health hazard, particularly when there were enclosing walls on two sides. She said that the existence of a roof along with the two walls meant fumes would be sucked into the bank itself. Cupertino end Saratoga had Wired drive -up windows. There were too m sny e'nv i ronmm enta l hazards in connection with use of drive -up windows - Mayor Henderson a s►certa i nd that queuing shortcomings had .led __to the zoning administrator's denial of the reevesti Mayor Henderson said he did not went to deny to one bank **at other banks already had. 455 2/19/ Councilmember Renzel said the specific design was especially hazardous. Councilmember Fazzine said that though he shared the health concerns he did not want to single out one bank for being unable to have a drive -up window. MOTION: Councilmember Fazzino moved, seconded by Eyerly, that Council uphold the Planning Commission recommendation and approve the appeal of Andrew Ring III, and grant a use permit for property located at 2180 El Camino Real . Councilmember Fazzino said he would to willing to hear a proposal prohibiting drive -up w i ndows in general. Councilmember Renzel noted that the use permit process meant that permission world be selectively applied --it was not automatically granted. The zoning administrator had recognized that space for the stacking lane for the drive -up wirer had been drawn from landscape reserve set aside for future parking spaces. She would vote against the motion to approve. Helene Wheeler, Planning Commissioner, rated that the Planning Commission had reviewed the hazards Counc11eer Fletcher had alluded to. A review of the banking facts had led the Commission to conclude that the proposed use at the specific site would be apropriate. She said that a little -used long stretch of available parking space at the sidewalk was thought to provide needed parking space. Councilmember Brenner agreed that the design posed a health hazard for bank workers. She was not so sure that parking would always be permitted on El Camino Real since there Was additional development taking place along that corridor. She thought it might be a good time to start thinking about phasing oot drive -up windows either by design approval or through a general ordinance. Councilmember Eyerly noted that local workers and residents used drive - up windows, as did handicapped people. He would support the recommendation. Councilmember Fletcher asked if permission to have a drive -up window would change if the !wilding tenant changed. Roy Abram, City Attorney, said that use permits ran with the land and therefore would be transferable. Vice Mayor Sher ascertained with Mr. Sanchez that had the changes made hu Oikaa P1ann4nn Ceseamieefn,r knan 4n Affesrt__WfiAM lfr_ S' -k, rowlowold thog application, he would probably have granted the cse permit. MOTION PASSED: The aTotiorn, that Council uphold the Planing Commission recommendation and grant tile use permit passed on the following vote: AYES: Eyerly, Fazzino, Henderson, Levy, Sher, Wit erspoon Via; Branner, r E lions . Renzel 740-750 WEZSi"a.R` STREET Z0 ING MILMCCIPITTEPT-' The Planning Commission unanimously recommends partial approval of the appeal of Laurence Spitters for a variance at 740-750 Webster. 457 2/ 19180 • e Councilmember Witherspoon said that both the Planning Commission and the zoning administrator appeared to have overlooked the existence of a number of illegal units at the site. Was the lot a combined lot? Mario Sanchez, zoning administrator, said the lots were not combined; they could be combined if property lines were eliminated or if cross - easements were issued. Two units per parcel were allowable. At present 740 Webster had four units, three of which would have been permitted by the old ordinance --e search of the records was underway to see how the fourth unit was permitted. Councilor Witherspoon said the area was now crowded; she proposed allowing a new garage in the front of 750 Webster, with access to an existing garage to be granted with a combined easement. The existing garage at the back of 740 should be demolished and a new two -car carport should be added: How could other needed parking be attained? Mr. Sanchez said the applicant could return for permission for additional parking; the zoning administration could make it conditional that the applicant either ask for a tentative parcel map to eliminate lot lines, or he could ask for cross easement. Council ber Fletcher added that enclosed parking for a bicycle also be required where there were no closed garages. MOTION: Councilmember Witherspoon moved. seconded by Fletcher, that Council approve the Planning Omission recommendation that there be partial approval of the appeal of Laurence Spitters from the decision of the Zoning Administrator to grant a variance at 740-750 Webster Street, subject to conditions. AMENDMENT: Counci lmember Fletcher- moved, seconded by Renzel, that parking for bicycles meet legal requirements. Councilmember Brenner said she was still unclear about the number of illegal units on the subject pn pem; tv. She asked if, by Council's action of eliminating the garage in hack, the units would be legalized. Mr. Sanchez said that technically that would be true. Mr. tarchez explained that the solid concrete now in front of the house on the subject property wound be subject to ARB approval. The Building Department would enforce ARB decisions within a reasonable length of times --perhaps six months. Laurence 5 -Otters clarified with Coinrdisa. r Fletcher the i fic � of her oro s i a __t that rent i {i� the cu _ a Fletcher for iultiple dwellings be provided. He continued, saying the building at 740 Webster was constructed about 50-60 ,years ago, and there was no record as to when it was converted to multiple. The building housed two units and he intended to reconvert, eliminating the third unit now in a converted garage, and that would make the rear- yard acceptable. Ne did eot jt to have unclosed garages, which the bicycle parking requirement _mould suc st. Aleenities, bicycle parking, trash containers and the like, voilld be provided by a carport that would be commodious. He read a. letter to Council in which he appealed the conditions saying that in the rear yarn he intended to landscape so that cars could back out of the carport. He said a rv®fgaarden patio was proposed for the top of the carport at 740 Webster. He itemized current backing -out hazards to 438 2/29180 substantiate the need for the back -out portion of the yard. He asked that the conditions be modified by language which he had proposed. He: thought about 150 square feet would be required. Mayor Henderson said he would like to have more information before he voted. l4OTI01: Councilmember Brenner moved, seconded by Levy, that the matter be referred back to the Planning Ccan i scion. Roy Abrams, City Attorney, said Council could move to continue the matter and obtain further information from the Planning Commission. Mayor Henderson explained to Mr. Spitters that, in view of the fact that the drawings Mr. Spitters had submitted to Council had not been available to the Planning Commission, he did not want to make a decision without the commission seeing then. Ken Schreiber, Assistant Director of Planning and Community Environment, said the only question undecided was the required turning radius of the drive. SUBSTITUTE MOTION TO CONTINUE: Mayor Henderson roved, seconded by Brenner, that the matter be continued to Feburary 25, 1980. ` Council ber Witherspoon said she would like staff to ascertain how many of the units at 740 Webster were legal. She said that when the matter returned she would move that the lot lines be eliminated for the common driveway which she thought was key to the entire project. Pir. Spitters said he had strong feelings about not merging would Council - member Witherspoon approve a cross -easement? He thought there was . . .sufficient comity benefit to what's being proposed here. . 61 Councilr ber Brenner said she would like to know the legal number of units if the lot lines were eliminated and if there were two separate lots. 11 Mr. Abrams said that there was a 30 -day period in which Council had to act from the time the recommendation was received on an appeal. SUBSTITUTE MOTION PASSED: The motion to continue the matter one week passed on a unanimous vote. ORDINANCE RE SMOKING Mayor person said that the change in the ordinance which had had first readirlg was a`u "eedw e r .gailred set -aside space in restaurants and eating establis is fro S0 to 33 percent for non smokers. Charles Olson, 110 Crothers Hall, Stanford University, said he was a molecular biologist and also candidate for assembly for the 21st Assembly District, and a Libertarian. Mr. Olson opposed the ordinance because "...arbitrary gava?'s�son rr`�riAtinne invAriiR'. lam. ity-duce,.--.,,rasa i-��a,� -... sul" w T7�. .. � .. -. __.. .. .. .ter �, �rvs. „Yr.�v Y,Yti' � Tee7Y� 4.7. Ne e r ted reasons behind that assertion, sizing that the restaurant rimer was wed from doing business. He alito held that it ems immral for government to impose laws on peaceful indi ldtals who were not violating the rights of others. Mayor Henderson explained that public health was the issue underlying the requirement for non-smoking sections. id O'Dwyer, 5992 Cahalan Avenue, San Jose, �iid he was president of S.A.S.P., a non-smoking group. He thanker Council for reaching the; compromise leading to the first reading of the ordinance. i 1 469 2/19/90 MOTION: Councilmember Fletcher introduced the following ordinance and, seconded by Fazzino, moved its adoption for second reading: ORDINANCE 3185 entitled "ORDINANCE OF THE COUNCIL 0 THE WY OF PALO ALTO AMENDING CHAPTER 9.14 OF THE PALO ALTO MUNICIPAL CODE REGARDING SMOKING." (First reading February 4, 1980 --passed as amended 9-0) Vice Mayor Sher said he wanted to. identify himself also as the candidate from the 21st District --he agreed with Mr. O'Dwyer of G. A1. S. P. He reminded Mr. Olson that restaurant owners had said they would voluntarily provide non-smoking areas five years ago but only a few had done so. MOTION PASSED: The motion passed on a unanimous vote. A discussion ensued about smoking in public restrooms. Councilmember Fletcher said she would like the Policy and Procedures Committee to discuss the matter. Mr. Abrams said that smoking was now prohibited in restrooms; lobbies were excepted. William Zaner, City Manager, said the City could notify theater owners that restrooms were included in the non-smoking prohibitions. MUNICIPAL GOLF COURSE O GOLF PROA ETAVf (M:143:0) The staff report stated that the coffee shop contract had been terminated September, 1979; no new bidder had been selected. At the time staff was ready to make a recommendation on a coffee shop contract the golf pro, Bill Hartley, resigned, giving 180 days' notice. Nancy Ann Andronico, 705 Forest Avenue, supported Robert Graves, Bill Hartley's assistant, for golf pro. Roger Ehrman, Palo Alto, praised the work of Bill Hartley, the pro who had resigned. Mr Ehrman supported his assistant, Roger Graves, to be the next golf pro. Ray Witt, 769 Allen Court, said hat -a grand opening celebrated improvements made last year to the extent of $1.8 million at the golf course; he said the promise of that grand opening had been dogged by bad luck --poor newspaper coverage, polluted water killing off some areas of grass, loss of a coffee shop operator, and the resignation of the new golf pro. Demoralized golfers peed help from City staff. Golfers present in the Council car that evening were asked to raise ehaie hands- if thA itipported the staff recommendations, as -:±iti .. WFtd. Barbara Bride„ 1125 University Aver, listed her activities and various offices at the golf course and in state golfing, emphasizing that she spoke that evening not for the groups she participated in but as a golfer who liked the Palo Alto comae. Sheobjected-to the -pressure ac t�-z-is��s►1�-1 Yt �w w��..L �i� '�-- - _� _he club cutet t Grave in as gort pro fo leving Mr. Hartley's leavetaking; though she thought hi* competent she felt other patent#al candidates deed a hearing for the job --she did not want to close that opportunity to others for an entire year. She said she would like to have a proewho would encourage junior golfers. 460 2/19/80 George Hartley, 3388 St. Michael Drive, (no relation to the outgoing pro) favored the appointment of Mir. Graves on an interim basis, so that momentum at the golf course would not be lost. He thought patronage at the golf course :tad suffered because there was a substitute coffee shop operator who had not attempted a full-scale operation. He wanted the City to give the new coffee shop operator a break so that a firm business could be established. Drew Lawrence, 1031 Harker, said he supported staff recommendations for both golf pro and coffee shop operator. Rev. Clement A. Davenport, 210 Oak Grave, Menlo Park, said he was a semi-serious golfer, and he liked Palo Alto because he liked the other golfers and the staff. He liked Roger Graves and favored his appointment as golf pro. In response to a question fro Councilor Eyerly he said he found the Palo Alto fees to be reasonable for out -of -tours. John 11. Strong, 1005 University Avenue, said he was president of the Senior Men's golf club. He praised both staff and the course. He said that since the coffee house closed at 3 p.m? "...it effectively closes the whole clubhouse." ;He endorsed the staff recommendations, Charles A. Arnold, 3779 Middlefield, said he was president of the Golf Course Advisory Committee. Me thought that the appointment of Mr. Graves would hake for a smooth transition. His group was unanimous in its endorsement of the staff reco ndations. Pat Smith, 2415 South Court, was a der of three groups at the golf course. She agreed with one speaker (Ms. McBride) that the job as golf pro should be placed in the open market, so others could be candidates for the job. Don Roedean said he thought Palo Alto course had high potential to be one of the finest courses if there were good organization and top management, not "...sue ha,yburner' or an inadequate restaurant operator. Councilmember Brenner said that the $ .5 million for golf course improvements in the capital improvements program had come as a shock to al'! Councilmembers. She knew of no disagreement about the need to select a coffee shop operator. She thought "...it is absolutely necessary to open up the process to select a new pro." She did not went to lease the golf course to a private operator, and she wanted to eliminate that option. @ I ONs Cou is 11 g r ! o ed 3, sew+. wW bY :tea e 7 , that Cuwic i 1i approve the staff rec i at4oT s, eliminating the options that the City could lease the en tii S e go3 f course ta arelvate gyrator, and appointing an interim golf pro for nine rather than twelve months. Cerleeat BedMei l , Director of Social Services, pointed out that locally a number of municipally owned golf courses were being leased to private swaratata with economic advantage to those localities. She thought it wOuld be wise for staff to mime that option, particularly since it ghee the C i t;y an opportunity to have the golf pro ogee the a a i ntenance staff of the golf course, desirability of which had been awaiting a std for same time. She thought at least a year would permit that study. both the proposed golf pro and coffee shop operators had been appraised of the possibility of staff doing that. --they could t'!hen enter with other candidates for the normal bid and selectioae process at the end of the year. Both candidates assumed that they would have a year's contract. 461 #i9/80 Councilmember Brenner said she mould use nine months in her motion, and make clear in that way that the contract was interim for the golf pro. She ascertained that Mr. Hartley's contract obligation ran to July 2, 1980. She learned from Mr. Arnold that golf club membership was about 50 percent non-resident, and among senior golfers residents made up 60 percent. Barbara McBride stated that in her group 74 golfers were non- resident and 41 were residents with a waiting list of 25. William Zane'', City Manager, said that he favored appointing an interim golf pro for a one-year period because with open candidating about three months were needed for the golf pro to take over the operation. Councilmember Brenner said she would agree to retaining that staff recommendation that the golf pro be appointed for one year. Mayor Henderson said that he would rule that elimination of the option of leasing the golf course was to be an amendment. Countilnumbers would then speak to that as in amendment, apart from the motion that Council approve the staff reconseendations. Councilor Levy said he supported the recommendation to include the option of possible leasing to a private operator. He thought it was good to leave operation of the course to staff. Losses of money and services to golfers were major problems, he thought. He favored all the staff recommendations; he added that he thought it night be good to encourage the public to use the coffee shop facility --the area had a fine envirorrRnt. Councilmember Witherspoon review some discussions on the pros and cons of leasing to a private contractor --she thought it might be worth con- sidering. She asked if the revenues had been sufficient to pay off the bonds. Scott Catlett, Director of Recreation, said there were sufficient funds 'to make the bond payments. Other costs had first to be identified, then sufficiency of funds could be better known. Councilmember Witherspoon said that she assumed that Council was putting into effect a study on cost effectiveness. Mr. Catlett said that effectiveness of method of operation would also be studied. He said that 21 cities had gone to running their golf courses through contracting them out. Councilrr rber Eyerly recalled Counrcilmembers' surprise at the F{nnce and Public Works co rri _te meting at the need for $500,000 for improvements to the golf course. He said that golf course funds over the years had been transferred to general funds, and the maintenance had not been as high as it should perhaps have been to keep the course in good repair. He said he thought it would be a good idea to have the coffee shop open to the public. Vice Mayor Sher emphasized that the option to consider the possibility of leasing the entire golf course to a private operator should be only one of several options to be reviewed —there had seed to be some favoring of that option in the discussion thus far. He did not want people to make up their minds yet about favoring that option. He supported the staff report and he liked that the public speakers had supported it also. 462 2/19/80 Corrected Councilmember Renzel said she thought.the ability of the golf course to See Pg. 513 raise revenues sufficient to cover costs of improvements might have been 3/24/80 misjudged. She thought that clubs made up of golfers played a large part in the operating decisions at the golf course, and she thought there might be some emphasis on making the Palo Alto golf course more like a private club--but-it was a municipal public golf course: available to the general public. She thought that point of view might be lost if the operation was leased out. She would not support leasing. Mayor Henderson said he supported the etaf f eecommendations. MOTION DIV/DEB: A recommendation that option 4, "Lease entire Golf course to private operator," be eliOnated, failed on the following vote: AYES: Brenner, Frenzel NOES: Eyerly, Fazzino, Fletcher, Henderson, Levy, Sher, w.therspoon MAIN MOTION PASSED: The amain motion, that Council approve the staff recommerdaations to 1) Enter into a one-year interim contract with Mr. Larry Kramer to operate the coffeeshov; 2) enter into a one-year contract with Mr. Roger Graves to serve as golf professional; 3) study options regarding long-range course operation from an economic and managenent point of view, study to be completed within the year. Scope and imple- mentation of the study was to be done in consultation with representatives of the Golf Advisory Committee, and may include the use of a consultant passed on a unanimous vote. NOISE ISSUES (CMR:128:0) Mayor Henderson said that Counci l bers had before them the staff report and recommendations of February 14, 1980, proposing mitigation measures and ordinance changes. Councilmember Fazzino recalled that he had visited the area behind Varian aixut-thy years ago, in a personal follow-up relating to a citizen complaint; he acknooledge4 there had been a severe noise problem. The noise was both constant and episodic. Council discussion had led to contracting for a noise study by EarthMetrics, and that staff study the noise ordinance for passible improvements. MOTION: Councilmember Fazzino moved, seconded by Renzel, that Council approve staff recommendations that the suggestions made in EarthMetrics' Barron Park Noise Study be implemented, with ordinance changes and mitigation measures. Councilmember Fazzino asked for assurance from staff that it had sufficient agreement with the noise -producing industries to obtain their cooperation in implementing mitigation measures. Sergeant Harvey, Palo Alto Police Department, said that in the last two years citizens and industry had been willing to work together on the taking of sounihreadings and the like. He said that both Lockheed and Watkins-Joinson, who were not in violation, had taken steps to cut down on possible noisemakers. He thought that industries which were producing noise could be brought into compliance with the ordinance willingly. Councilmember Fazzino said he understood that Varian had constructed an 8 -foot high masonry sound barrier at its own expense. Sergeant Harvey said that no such negotiations had yet been entered into: he was speaking only of past evidences of good -neighborliness. 463 2/19/80 Councilmember Fazzino asked if any question about paying for the mitigations might be raised --if so, Council should discuss it. Sergeant Harvey said he had not entered into any negotiations because quite possibly proposed changes in the ordinance might become more restrictive. AMENDMENT: Councilmember Fazzino rasve4, seconded by Henderson, that staff report back to Council within one month of the outset of negotia- tions with industry for implementing the three specific mitigation measures suggested for Zone 1. Councilmember- Fletcher asked if a tire limit had been placed on garbage pickup and loading dock activities at Varian. Sergeant Harvey said that garbage pickup Wee problems errs had been solved some time back. Bernice DiGiovanni! 632 Chimalus Drive, said a sound reading on the front porch of her residence had been 60 dec ibele, and it was 50 decibels in the bedroom. She said early garbage pt kup had changed. Barrels stored in Varian's lot made resonating Wm as they cooled at night. She said Varian had been in violation of both zoning and noise for at least 20 years. She read passages from the zoning grdinance that stated that operations in the area were to be "...clean and quiet," to bear out her assertion. She wanted some time limit to the proble+r--it got worse every year; "...I just can't wait to see tit wall go up."} Aldo Faccagnini, 830 :himalus Drive, confirmed that the noise wAs getting worse every day. He could not call police when it was noisy, because the noise had ended by the time the police arrived Will Kranzthor, 880 North California Avenue, said he spoke for Varian Associates. Varian had reviewed the EarthMetrics report and "...has adopted an energetic program to reduce noise levels.'' He listed steps in their program, from requesting that there be no loud talking near the adjacent properties to purchase of noise recording equipmeit to gather inforTaation on its own raise history. He said thet the EarthMetrics' recd ndatians would be expensive to implement, costing perhaps up to $200,000. Ile thought Varian would like to z»dify sone of Eart etrics proposals. Varian wanted to cooperate. Jack Schoenhair, 10367 Vista Knoll Soulevard, Cupprtino, s#id he represented Lockheed, and tl t Lockheed, in Zone , 0,4 not been in violation, but EarthMetrics had asked to take some readings of the beryl itam exheust stack; the noise was within limits, but the tone range had been found to be about SOO Hz, an annoying amend. Lack ..A pad token steps since, to mitigate that noise. A new fan and a sores muff* maid be installed soon. AMENDMENT PASSED The amendment, that ;toff report to Council wi thi n one month of the. outset of negotiations with industry for implementing the three specific mitigation measures suggested for Zone 1 passed on a unanimous votc. Councilmember Fazzino noted that Mrs. Digiovanni had asked what was stored in the tanks near her home and had not had a reply. He asked staff if it would follow up on her request. 464 2/19/80 MOTION AS AMENDED PASSED: The motion that Council approve staff recom- mendations that the suggestions made in EarthMe►trics' Noise Study be implementeda along with ordinance changes and mitigation measures, as amended, passed on a unanimous vote. Mayor Henderson observed that at present noise producers such as leaf blowers and the like were not going to be discussed, with the hope that manufacturers would respond to public demand for more sound muffling. Councilmember Fletcher said she found leaf blowers especially objectionable. She noted that the East Meadow industrial buildings also were adjacent to residential. MOTION: Councilmer Fletcher moved, seconded by Renzel, that the setter of the noise ordinance be referred to the Policy and Procedures Committee for exploration of possible additional changes. The motion passed on a unanimous vote. REPORT OF CITY CLERK RE ADVISORY 1 ?TION: Councilmember Fazzino introduced the following resolution and, seconded by Sher, moved its adoption by Council, along with the staff recommendations that 1) Council adopt the resolution calling for a Special Election for June 3, 1980, requesting the services of the Registrar of Voters and ordering consolidation of the election with the direct primary election; 2) direct the City Attorney to prepare an impartial analysis on the matter of sales tax revenue distribution; and 3) indicate that the Council wishes to file a Direct Argument supporting the measure, and, designate the City Manager to prepare said Direct Argument for Council's signature. RESOLUTION 5722 entitled "RESOLT ION OF THE C€ IL `R —CITY OF PALO ALTO CALLING A SPECIAL ELECTION FOR JUNE 3, 1980, FOR SUBMITTAL OF AM ADVISORY PLAStRE REGARDING DISTRIBUTION OF SALES TAX TO THE ELECTORATE, REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS FOR SAID ELECTION. AND ORDERING THE CONSOLIDATION Of SAID ELECTION." Cowicilmember Fazzino said that Council had approved the idea of putting the matter oa the ballot and so it should draft an argument in support of the measure. Perhaps the City Manager would be the one to do so. AMENDMENT: Councilmember Levy moved, seconded by Fazzino that the ballot question in the ordinance be amended by the words "...so that 2t rather than the present l# be a l l ocated to cities and counties for l oca i services, rather than to the state, for state services," and replace a parallel phrase in the ballot measure. MAIN MOTION AND AMENDMENT PASSED: The main motion and the amendment passed on a unanimous vote. Vice Mayor Sher ascertained that the language change had been drafted for the League of California Cities by the City of San Diego, and some modifications had been made in that also. 465 2/19/00 RE EST Of COUNCILPIMPER WITHERSPOON -7. i 1 Cd4PrRSATION MOTION: Councilmember Witherspoon moved seconded by Fazzino, that Council submit to the Finance and Public Works Committee the question of increased compensation for Councilmrmbers. Councilmember Renzel noted that present compensation did not pay, Council - members for the number of hours they put in and was clearly intended to compensate for expenses Councllr bers incurred in discharging their duties, for which purpose it was adequate. For that reason sj ,mould oppose sending it to committee. Vice Mayor Sher said he -did not favor increased compensation at this point, and so he did not favor sending the utter to committee. He thought Council*rs did not seek election to City Council for com- pensation. Councilmember Brenner said the proposed increase was inadequate for salary. and she thought that perhaps salaries might be considered rather than expenses if, as she.recoemeoded, the subject were put to public vote. Cour,c11 r 8ren*r said she thought it would be good if the committee were to core present amounts paid Councilmembers with a unts paid in other charter cities, as Palo Alto is. The present • amount was based upon `general law' cities, in which council€ ers did not carry the same responsibilities. Mayor Henderson said one reason for sending the matter to committee would be to discuss the possibility of putting the question on the ballot. Councilmember Fazzino observed that up to now Councilors had been rather affluent, and if the salary were raised others less affluent could serve on the Council. He said $250 did not cover his expenses. He was glad the matter had been brought to Council., he hoped Council ruled favorably on it. Councilmember Fletcher said that if $250 was considered reasonable cc epensa tion in 1969, wten thte t amount had been decided upon, it was now time to reexamine the matter. Councilmember Levy said he would rote to refer the matter to committee but he found it repugnant, be said, for public officials to set their own salaries; he favored having the public vote on it and in that way starting confidence in its public officials. MOTION PASSED: The motion that the matter of increased co stiw for Counci l®em ers be referred to the Finance and Public Works Committee passed on the following rote: Corrected See Pq. 513 3/24/80 Corrected See Pg. 513 3/24/80 AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Witherspoon NOES: Renzel , Sher CITY MANAGER 2R RE William Zanier, City Manager, advised Councilmemters that the staff report on Surplus School Sites was completed and now being reviewed by senior staff and would be stetted to Counc11mea+bers February 25.. Councilmembers could then review it and it could be discus the regular Council meeting March 10. 4 6 6 ��''qqjj 2/19/BO RE l'EST OF rriirt XOR HENDERSON RE DISPLAY Mayor Henderson Said he did not want to legislate on adult activities that were matters of personal choice but other cities had legislated against display and sale of drug paraphernalia! and Palo Alto had not; he did not want to wait for the situation to increase here. MOTION: Mayor Henderson moved, secoeded by Renzel, that Council direct staff to recommend to Council whether or not Palo Alto should enact an ordinance governing display and sale of drug paraphernalia in Palo Alto, and if so, to return with a draft ordinance to that end. Kay Schauer, 546 Jackson Drive, commended the foresightedness of the nation. She urged that, since more children at younger ages entered into use of drugs, Palo Alto pass an ordinance. Ann Davis, 3370 St. Michael Drive, said she was liaison from the PTA to the City Council. The executive board of the PTA had asked that she appear at Council informing it that the state PTA had passed a resolution urging passage of such ordinances, while the local PTA did not press for such an ordinance because it had been thought not to be a problem locally. If, because of other cities passing such ordinances purveyors of the paraphernalia moved to Palo Alto the PTA would press for adoption of such an ordinance. Councilor Fletcher said she preferred taking action after some similar suits in near " cities had been settled; she had also heard that suits were pending in uoth federal and state courts. One question to be studied was the definition for 'paraphernalia.' Councilor Levy said he did not want to make legislation unless it was needed —he would leave to the PTA the question of deciding if there was need. Counelliner Fazzino said that he did not like to legislate to regulate matters of personal choice but he would support sending the matter to staff for exploration since the issue wes receiving more attention locally. Councileaer Renzel said she would support the matter for inquiry; the City could be ready if the legislation appeared to be needed. The auction that Council direct staff to rem to Council whether or not Palo Alto shod d enact an ordl nav a and to return with a draft ordinance prohibiting display and sale of drug paraphernalia in Palo frito passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Henderson, Renzel, Sher NOES: Fletcher, Levy, Witherspoon MAYOR HENDERSON RE PLANNING clog MMUS Councilor Fazzino suggested that Council interview the eleven candidates for. Planning Commission on March 6. A discussion ensued on favorable meeting times. Councilrnember Fazzino suggested that candidates be interviewed about 6 p.m. on Council meeting nights. Perhaps March 4 would be a good date. It was concluded that interviews would be set for March 4, with candidates order of appearance to be set by drawing by the City Clerk, and interviews to run 12 minutes each. METHOD OF CORRECTING COUNCIL MINUTES lyor Henderson announced that per a suggestion by the City Clerk, Ann Tanner, Councilmembers could report to her, prior" to the meeting, corrections they wished to make, thus saving meeting time. Corrections could still be made onthe night of the meeting. ORAL COMMUNICATIONS None ADJOURNMENT MOTION!: Mayor Henderson moved, seconded by Sher, that Council adjourn, The motion passed on a unanimous voice vote. 468 Z/19/80