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HomeMy WebLinkAbout1980-04-07 City Council Summary Minutesi C1TY COUNCIL MINUT€t Aprf 1 ITEM Minutes of March 4, 1980 Minutes of March 10, 1980 Oral Communications Robert Moss, 4010 Orme Consent Calendar -Action Items CITY o� PALO ALTO eting 7, 1980 PAGE 532 532 532 Ordinance Changing Classification of Property at 5 3.3 1176 Emerson Street Ordinance Changing Classification of Property at 5 3 3 3801 E. Bayshore Road Resolution Authorizing Participation in California 5 3 3 Witness Protection Program Resolution Authorizing Filing of Application with MTC for Allocation .of Transportation Development Act Funds Approval of Contract Extension Agreement with Earth Metrics, Inc. for North S.C.0 Municipal Solid Waste Management Joint Powers Agreement Workers' Compensation Claims Award of Bid and Authorization of Contract Policy for Distribution of Contingency Funds in Community Development Block Program solution of Aviation to Carl B. Hauser Public Hearing: Vaeatiorr of pub'e k uwe a E J Za4crrr i, Old Adobe mad Caiironeia Avenue Beautification Preject 78 -35 —hard of Construction Contract and Budget -Amendment -Ordinance 3333 Coyote Hill - Application for Site and Design Review by Blase, 11a1entierr and Klein Surplus School Sites Historic Preservation Ordinance Addition to PAMC Kipling Street Parking Lot (Project 75-63B0 Councilor Levy Re A:'use t Parks Special Session Re Energy Planning Adjournment meant to Executive Session -ifl� t Adjournment w . , _ ._ _ • 533 533 5534 534 534 b.3 4 3 535 5.3 7 552 553 563 554 5 54 Regular Meeting April 7, 1980 The City Council of the City of Palo Alto met on this date in the Council - chambers, 250 Hamilton Avenue, at 7:40 p.m., Mayor Henderson presiding. PRESENT: Bremner, Eyerly, Fazzino (left at 12:05 a.rn.), Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon ABSENT: None ti1Nr.3TE5 OF MARCH 4 1980 MOTION: Councilmember Fazzino roved, seconded by Sher, that Council approve the minutes of March 4. The motion passed on a unanimous voice vote. MMi ES F MARP4 1 G. 1 %0 Councilmember Renzel asked that on page 503, second paragraph from the bottom, eighth line, read "Should the City sell Esther Clark Park?" instead of "Should the City buy..." MOTION: Vice Mayor Sher moved,. seconded by Fazzino, that Council approve the minutes of March 10 as corrected. The motion passed on a unanimous voice vote. Mayor Henderson noted that an Executive Session regarding litigation would take place leter than evening. Mayor Henderson expressed Council's good wishes to Dave Farrell, reporter for City affairs for the Peninsula Times Tribune, who would be leaving that post. - Fiayor Henderson welcomed rs of Girl Scout Brownie Troop 788, who were attending that evening's meeting, Mayor arson appealed to CounciImembers for more vocal clarity, along with efforts turd phrasing motions more succinctly, so as to facilitate both recording the minutes as well as understanding among the radio audience. 1. Robert Moss, 4010 ice, asked that those who recycled materials through curbside pickup receive dump passes automatically; he asked that the expiration date of the dui pass be extended to one year. CONSENT CALENDAR Councilmember Renzel asked that her vote on the ordinance regarding mange of classification of property at 3801 E. Bayshore be recorded as "ho.° Councilnember Levy asked that the matter regarding the Kipl ire Street parking lot be removed from the consent calendar. 532 4/7180 Councilmember Witherspoon asked that the Historic Preservation proposed ordinance be removed from the consent calendar. Co"uncilmember Brenner asked than: her vote be recorded as "no" on the matter of the ordinance for change of classification of property at 3801 E. Bayshore, with the following explanation: "Because this P -C could allow Dr. Smith to move his animal care uses, for which an amortization exemption has been requested on El Camino, I want my "no" vote recorded." MOTION: Mayor Henderson moved, seconded by Sher, that the two items removed from the Consent Calendar be listed as final items under "Unfinished Business," so that discussion of them would not delay discussion of surplus school sites. The motion passed on a unanimous voice vote. - The following items remained on the consent calendar: 1176 EMERSON STREET CAGE OF eLASMEATION OF PROPERTY ORDINANCE 3193 entitled "ORDINANCE OF THE COUNCIL UT THE CITY OF PALO ALTO AMENDING SEA,►i0N 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 117E EMERSON STREET FROM PC TO R-1." (First reading 3/24/80. Passed 6-0, Fazzino, Henderson, Witherspoon absent.) 3801 E. BAYSHORE ROAD VUTATTEWSMICATI011 OF PROPERTY ORDINANCE 3194 entitled "ORDINANCE OF THE COUNCIL OF tHE CITY or PALO ALTO AMENDING SECTION 18.04,040 OF THE PALO ALTO PJN1CIPA!. CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 3801 E. BAYSHORE ROAD FROM PC TO LM(1)(0).' (First reading 3/24/80; passed 5-1, Renzel 'rsn Fazzino, Henderson, Witherspoon absent.) CALIFORNIA WITNESS PROTECTION PROGRAM (CMR:202:0) RESOLUTION 5778 entitled "RESOLUTION OF THE E ri/TDTPAR7AUTo AUTHORIZING PARTICIPATION IN THE CAL1FORt1A WITNESS PROTECTION PROGRAM AND FURTHER AUTHORIZING THE CHIEF OF POLICE TO EXECUTE STANDARD AGREEMENT THEREFOR." PkO E i MUOIt1 TY 1HANSPORTATION RESOLUTION 5779 entitled "RESOLUTION OF THE G IL OF THE CITY OF PALO .`LTC AUTHORIZING THE FILING OF AN APP.I CAT I O WITH THE MEI'Ri..P OL I TAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1980-81." APPROVAL OF CONTRACT EXTENSION AMENDMENT AGENCY JPA (C 8:203:0) AMENDMENT 3 TO AGREEMENT 3853 FOR PROFESSIONAL SERVICES Earth Metrics, Inc. 4/7/80 633 WORKERS' COMPENSATION CLAIMS mrstriamrsrmerrraVARD OF BID 701n— AZMIORTZATIMWTORTUrr AGREEMENT FOR ADMINISTRATION OF WORKERS' COMPENSATION PROGRAM Leonard J. Russo, Inc. POLICY FOR DISTRIBUTION CITY DEVELOPMENT BLOCK PROGRAM (CMR:212:0) Staff recommends that Council adopt certain policies for distribution of CDBG contingency funds. RESOLUTION OF APPRECIATION RESOLUTION 5780 entitled. "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO CARL B. HAUSER UPON HIS RETIREMENT." MOTION: Vice Mayor Sher moved, seconded by Fazzino, that Council approve the consent calendar. The motion passed on a unanimous vote, Councilmembers Renzel and Brenner voting 'no' on the ordinance for change of classification of property at 3801 E. Bayshore, with Councilmember Brenner's reason as recorded, PUBLIC HEARING ° VACATION OF a ...� : 0 ) Mayor Henderson noted that this was the time and place set when anyone objecting to the proposed vacation of a public utility easement at the terminus of Old Adobe Road in the City of Palo Alto could appear and show cause why said easement should not be vacated. He asked that the record show that the City Clerk had filed an affidavit of publication of the eotice of the hearing, as -required ua-T ;qiaia`-ed by law, and he asked if there was anyone present who wished to be heard on the tatter. Hearing no one, Mayor Henderson declared the public hearing closed, saying he would entertain a motion to adopt a resolution ordering the vacation of the -aforesaid easement: MOTION: Councilmember Fazzino introduced the following resolution, and, seconded by Fletcher, moved its adoption by Council: RESOLUTION 5781 entitled "RESOLUTION OF THE CO l I I_ AF THE CITY OF Ps,LO"TO ORDER= THE VACATION OF A PUBLIC UTILITY EASEMENT,'' (Old Adobe Road) The motion passed on a unanimous voice vote. CALIFOC NMA AYENJE BEAUTIFICATION P ECt 1R-35--Aioutt ' Moll E (CMR:204:0) MOTION: Councilmember Levy introduced the following ordinance, arA award of contract agreement, and, seconded by Fazzino, moved its adoption by Council: ORDINANCE 3195 entitled 'ORDINANCE OF THE COUNCIL Zirriirarrar PALO ALTO MENDING THE BUDGET FOR FISCAL YEAR 1979-60 TO SIDE FUNDS FOR CAPITAL IMPROVEMENT PROJECT 78-35, (CALIFORNIA AVENUE BEAUTIFICATION PROJECTW 4/7/80 534 CONTRACT Huetting-Schronn, Inc. Councilmember Renzel questioned the need for establishing a contingency fund before the contingency arose; she thought it might invite overruns. City Manager 8i11 Zaner replied that it was not unusual to have the contingent amount in the authorization, though whether or not it was used was always subject to detailed discussion. Councilmember Fletcher asked 1977 by the City to the fund district. Gary Weinrich, Department of not be returned. whether or not the $8,000 contributed in was to be returned by the Beautification P ublic Works, replied that the money would City Manager Zaner displayed a transparency showing the sign that was proposed for one entrance to the area at El Camino and California Avenues. MOTION PASSED: The motion passed on a unanimous vote. MOTION Councilmember Fazzino moved, seconded by Eyerly, that Council bring forward on the agenda the matter concerning the Xerox property at 3333 Coyote Hill. The motion passed on the following vote: AYES: Brenner, Eyerly, Fazzino. Fletcher, Henderson, Renzel, Sher, Witherspoon NOES: Levy Vice Mayor Sher said he would not participate in the forthcoming discussion since i involved his employers Stanford University. Ccuncilr: ber Witherspoon said that for that same reason she would not n r•tirirt fp_ ter• -�- 3333 COYOTE HILL METEVIDN-TON't1TE AND DESIGN REVIEW (Continued from March 24, 1 O) Vice MayorSher and Councilmember Witherspoon not participating. 0) The Planning Commission, by a vote of 5=D (Commissioner McCown -Hawker not participating),- and the Areh1tect:r`?.,00Viaw Board,_ by ae enanimoua vote. rend approval of the application of Blase, Valentine and Klein for Site and Design Review for property at 3333 Coyote Hill Road, subject to conditions in the February 27 Planning Commission minutes, and March 6 Architectural Review Board minutes. Councilmember Fazzino said that he and Counciamembers Renee] and Henderson had participated in discussions involving Xerox, Committee for Green Foothills, Stanford, and the City, to determine the best way to reta i n Coyote Hill and environs in permanent open spate. There had been the moral feeling that Xerox had done all it could to lobby Stanford on the matter, and now it was up to the City to take the initiative and work with the university to ensure preservation of the valuable lower foothi 1 l s resource. 417/80 5 3 -5 MOTION: Councilmember Fazzino moved, seconded by Fletcher, that Council approve the Planning Commission recoarmendations for site and design review. Councilmember Levy ascertained with Ken Schreiber, Assistant Director of Planning and Community Environment, that, as stated on page 2 of the Environmental Impact Assessment (EIA), the estimated 140 new employees for the addition at Xerox would result in 540 vehicle -trips per day, figures that had been estimated by the Transportation Division. Councilmember Levy asked about the projected severity of traffic congestion at Hillview Avenue; he himself had found that at 5 p.m. there were only a few minutes; wait. Mr. Schreiber replied that traffic was exacerbated by some interactions with the signal at Miranda Avenue --conflicts in movement were the problem. Councilmember Levy ascertained with staff that a projected raise in temperature of the microcl imate at those environs resulting from additional building would not be very significant. He asked, then, if measures taken against effects of earthquakes in construction would not have to be taken anyway. Mr. Schreiber replied that the Building Code would have to be followed; measures above and beyond code requirements were what was meant. Councilmember Levy said he did not think the jogg:ng track and shower planned by Xerox would constitute mitigations though he thought the, commendable. He thought more substantive mitigation was needed. POTION PASSED: The motion that Council approve the Planning Commission recommendations for site and design review, passed on a unanimous vote, Vice Mayor Sher and Counciimember Witherspoon not participating. Councilmember Fazzino said he was concerned about retaining Coyote Hill in open space. NOTION: Couocilmember Fazzino moved, seconded by Renzel, that Council approve the following, that the City of Palo Alto requests Stanford University, in cooperation with City staff and the Planning Commission, to study the future use of Stanford North, Sanford South and Coyote Hill, with the objective of protecting the open space and scenic value of Coyote Hill. The results of such a study should be referred to the Planning Commission for consideration in relation to the Comprehensive Plan - wi th i n twelve months from the present date. I rr arer r- acted that Coyote Hill and the brow - of Coyote Hill re at present zo open spade --controlled development, as they were so nom i n the recommended Coa��i�e Plans she that zoning not be tiered with. Councilor Fazeino said that at the discussions_he had attended there had been the - - - thought that something 'stronger,' such as an open space immanent, was needed as hnd been the case in 1972 along with the original Xerox development. Councilmember Brenner said she thought it was appropriate to discuss Stanford lidr th and South as ref a ted to hous i ng , but that in no way wou l d that "take the heat off" of having the Industrial Park provide housing in the more con es ted area. 'I'm not willing to go into the foothills to take the focus off of the Industrial Park itself...so far our efforts in housing are a token compared to what they ought to be.' 4/7/80 534 Mayor Henderson said he had been pleased with the meeting of March 31; there had been openness among its participants, no important agreements or concessions had been made. A study of the Coyote Hill area, Stanford North and Stanford South, was to be made, as to where housing might be feasible. He was not convinced that housing could be developed in the subject area without jeopardizing the natural beauty of the area. He said that he and Naphtali Knox, Director of Planning and Community Environment, had also met with County Supervisor Gerry Steinberg concerning the county's general plan and Stanford's land use plan. He said that his concern had been the land from Junipero Serra to 280, and he noted that the land was designated academic reserve, rather than open space. Stanford had said that if it ever did any academic development there it would probably be mall, and there would be a great deal of open space retained permanently --Mayor Henderson said they had been able to persuade Stanford to add 'open space' to the 'academic reserve' designation. Council er Eyerly noted that the big 'step forward' was that Stanford was in agreement with the City; that had not been the case some eight months ago. MOTION PASSED: The motioe passed on a unanimous vote, Vice Mayor Sher and Councilor Witherspoon not participating. SURPLUS SCHOOL SITES Mainued horn 3/16/80) Mayor Henderson read from the March 10 minutes, that stated no additional input from citizens was to be received after that evening other than comments to be made in writing. Mayor Henderson said Council would be talking about a tax proposal that evening. He thought that perhaps Council could discuss the policy, then ask staff for its recommendations on possible tax measures. MOTION: Mayor Henderson moved, seconded by penzel , that Cnnncil affirm its interest in purchasing the entire Ventura school site, and direct staff to present at an appropriate time a proposal for purchase of the Ventura site, such proposal to be negotiated on the basis of recapture of the school district's investment, with payment on an installment basis with interest based or: the district's average return on invested funds and provisions for repurchase by the school district on a recaptured investment basis, if needed for educational purposes. Vice Mayor Sher said he would like to hear staff's reaction to the possible discussion on the part of Council, to take place in public. on the matter of purchase by the Ci tv on terms that would'recapture the investment of the school district,' A citizen had asked him, if Council directed staff to negotiate a price teased on the formula stated, if the likely response of hers of the school lard would not be that the district needed full market value. William Zanier, City Minoger, said that if staff were so directed by Counnci i , and staff were to interpret the instruction l i term ly, the result would be somewhat lass than 'negotiation process.' "Obviously we mode the recemeendatton io the report that the purchase price be based on the recovery system; we stand by float recommendation and think it's a good one.* Me said he would interpret the present motion to mean a very broad instruction to the staff --with that latitude as a beginning staff cold morn to the Coumcil with a final package, and so staff's hands mid not be tied. 4/7/00 537 Corrected See Pg. 604 5/5/80 Vice Mayor Sher explained he was concerned about triggering an automatic response from the school board, that would say it had to go to the top dollar figure. If the school board would counter with another figure would it be brought to Coenci 1 in a public meeting? Normally such a report from staff would be heard in an executive session. City Attorney Roy Abrams said executive sessions were limited to certain specified subjects --presumably this would be 'financial litigation,' acquiring property from third parties. Vice Mayor Sher noted that he thought the school board had already given indication that it had to have full fair market value --presumably no litigation was involved in that, but he did not think that was customary subject matter for discussion in public. Mayor Henderson noted that so much had already been said in public he did not want to take it behind closed doors. Ventura school site comprised about 7 percent of the land considered by the school district for eventual disposal. There had been discussion by people of now buying again what people had already paid for once. Councilr ser Fazzino said he favored having a total package on the ballot, and letting voters know what they were vesting for. SUBSTITUTE MOTION: Councilrember Fazzino moved, seconded by Levy, that the City indicate to the school district its interest in acquiring: Terman, 7.5 acres; Ortega, 1.5 acres; Ventura, gland, 1 acre; t)eAnza, 2 acres; Cubberley/Oreendell, minimum 8.0 acres; sane neighborhood schools that may close before 1986, 5 acres, with time and schedule to be worked out between staff and the school district. Mayor Henderson said he would oppose the motion; he did not favor making any commitments for future acquisitions though he did want to make a commitment about Ventura regardless of whether or not the item went on the ballot. Councilm r Levy said it appeared to him the problem concerned the entire Gity; projections regarding school population estimated the loss of about 1000 students and he thought it important for Council to develop an overall plan that anticipated those future closings. He said he feared that without an overall plan the City would simply acquire the first few sites that became available and then it would rum out of money. He thought it would be wise to acquire a minimum amount of acreage citywide, and then deal with specific sites, such as Ventura. . A proper source of funding had to be found, the subject for the proposed November ballet i ssee. ve.us��l.: , as wc. Pe ce+i++�E 5� ti i onetl_ w en or not Counci 1 should "r so Fecise so early in the �. She said there should be room to become Judgements w1_ a property c up for sales When a school was transferred out of the district more than just use of the open space w�is involved in Corrected order to serve the public trust. She said she also was concerned about See Pg. a motion that.pr�oposdd sellii Esther Clark Park for private use. She thought such sale could only be made if it were adjudged to be a 5/5/80 public benefit. She would oppose the substitute motion. Councilmember Renzel said she thought that school acquisitions es a total had to be considered for the revenue measure that had to be passed, but she wanted to leave the staff in a better negotiating position by not giving specifics. She read a passage from Councilmember Levy's peeks, r g rdi g the desirability of keeping playgrounds for children on all school sites in open space, and said she would favor that as a policy. She wanted to retain in public ownership as h as possible all of the school sites. She would not vote for the substitute Motion. 4/7/80 538 p ".iyF4 . .-.r1+n n ♦ r - ' 1 Ccunciln,ember Witherspoon said that she understood that the school sites would first be offered to the City as they fell vacant, and so she felt there was no hurry to be specific. The City could deal with them as they came on the market. She would vote against the substitute notion. Councilmeniber Eyerly said he thought that the City should make up its mind about the Ventura site before the ballot measure appeared in November. Councilir er Fletcher said she thought the City should state that it was committed to preserving the open areas at the school sites as they became vacant. Councilmember Levy emphasized considerations of timing and funding. He read from a report made by Stanford Research International (SRI) saying that the recommended order of disposition of sites would retain flexibility, and he thought the school district would resin so. On funding, the City had a few million dollars in reserve, not enough to acquire sites the City was thinking about, and so a new revenue source was needed. He thought it necessary to be reasonably specific about sites in order to have the voters approve the revenue measure. He said that though Palo Altans had voted 54 percent against Proposition 135 67 percent was needed for passage of a new revenue raising measure. He reviewed other prior votes on other measures as cases in point. Specificity in naming sites would give the public confidence in the City's having done a thorough job of analysis and give them confidence to pass a new revenue source, he thought. Councilm ber Fazzino said that he did want the City to go ahead with its plans to acquire Ventura, need for which had been amply demonstrated. He wondered if the wish to retain flexibility might also mean retaining political options. He thought the public would look askance at a revenue measure to raise funds for an unspecified purpose. Vice Mayor Sher said he agreed it would be good to make the revenue measure attractive to voters, but he was not yet ready to state specific acreages, and the like. He suggested that at the end of the introductory paragraph to Mayor Henderson's motion that the schools the City was interested in be listed, perhaps prefaced with the phrase, "including, but not limited to. , ," Mayor Henderson agreed to that addition to his motion. He added that he thought the Council should wove on Ventura at this time. He said that he was not willing to have the City commit all revenues from the proposed sure for purchase of school sites --some_ was needed for libraries and other ber i es He _ tf'ilougnt a o i nat ion of needs for new revenue should be listed. SUBSTITUTE NOTION{ FAILED: The substitute motion failed on the following vote: AYES: Fazzino, Levy NOES; Brenner, Eyerly, Fletcher, Henderson, Renzel, Sher, Witherspoon NOTION TO TABLE MAIN MOTION: ltyor Henderson moved, seconded by Witherspoon, that the wain motion now on the floor be tabled. The notion passed on a unanimous s voice vote. 4/7/80 5ag MOTION: Vice Mayor Sher moved, seconded by Fazzino, that Council; state the policy that because the open fields and play areas of Palo Alto's schools are an important conawnity resource and should be maintained as Bch as possible in the face of school closures, this affirms that it is the City's policy to negotiate to acquire from the School District significant portions of the open space of schools which have been and are to be closed, including but not 1:imitedtTerman, Ortega, Ventura, Garland, DeAnza, CubberleyGreende11. The motion passed on a unanimous vote, MOTION TO REMOVE FROM TABLE: Mayor Henderson moved, seconded by Fazzino, that the tabled motion be brought forward. The motion passed on a unanimous voice vote. MOTION: Mayor Henderson moved, seconded by Renzel, that Council affirm its interest in negotiating to purchase the entire Ventura school site, and direct staff to present at an appropriate time a proposal for purchase of the Ventura site, such proposal to be negotiated on the basis of recapture of the school district's investment, with payment on an installment basis with interest based on the district's average return on invested funds and provisions for repurchase by the school district on a recaptured investment basis, if needed for educational purposes. Councilor Renzel said she assumed the Ventura site purchase was to be funded from the proposed new revenue source, and, failing that, that the City fund the purchase in another way. Mayor Henderson said that was his understanding also. Vice Mayor Sher asked if staff thought it would be satisfactory to the school district if the City said that evening that it intended between now and voting on a new revenue source, to negotiate a proposal for acquisition of the Ventura site, then, following the election, tell the school board whether or not the City would acquire the site. He explained that he thought some incentive on the part of citizens to tore for passage of the revenue measure might be lost. Jean Diaz, Real Property, said the school district had indicated its willingness to help the City as much as it could to work out its tinning for acquisition of sites. AMENCMENT: Vice Mayor Sher moved, seconded by Fazzino, that the first sentence of the main motion read instead: "That Council direct staff to aegotia to with the school district a proposed arrangement for purchase of the entire Ventura site, . .. ." with the following sentence to be added to the end of the motion, "Staff should inform the school district that the City will act one way or the ntt►+er en the proposed arrantement within one month following the City elec ton on a new revenue source." Councilmember Fazzino said he thought the school district would try to get all it could from the City or other bidder. He said that the voting would be for acquiring open space, but it would also be a referendum on City -supported schools. Only the City had the taxing mechanism by which to assist the school district financially, and so he thought the City should offer fair market value for the sites. For that reason he did not support the inclusion of the phrase "...to negotiate. . . ." Councilmember Brenner said she supported the amendment, she added that Jarvis II might have such an effect that would make it imprudent to support using all the money in reserve right now, though she was convinced Jarvis II would not pass in Palo Alto. Counci1ane ser Renzel said she wanted to encourage Citywide participation in working Lard passage of the revenue measure. 4/7/80 540 AMENDMENT PASSED: The amendment passed on a unanimous vote. Councilmember Eyerly questioned if all the buildings on the Ventura site would be put to uses he thought the City should purchase the open field space plus one wing. Was there interest among Councilrembers to try to divide the property? It might be well to state that a portion of the land was usable for some kind of housing. The City could assess its possible uses of the property, or the school district could perhaps retain some of the property for sale to another buyer. Councilmember Witherspoon wondered if extensive remodel i ng of the buildings would require capital outlay. Councilmember Levy wondered how much of the Ventura site would be used by Palo Alto Child Care Center (PACCC). Carleen ill, Director of Social and Community Services, said PACCC presently used three rooms, and needed a fourth; if the full site were acquired PACCC would use three more rooms, about one-half the total site. The balance of the site could go for services to benefit the community. They might be some City recreation and library, along with service agencies for seniors, or referral services; possibly even county services. She said attachment H to a memo from her department was a list of groups that had expressed interest in space at the site, and specific uses would be developed with neighborhood residents. Reading across, rents prospective tenants would pay had been estimated, along with the costs that would be borne by the City. She emphasized that the estimates were very tentative. Councilmember Levy wondered why extensive meetings had been held about Tenn with nearby residents, but not at Ventura. Jean Diaz replied that the proposed concept for Terman had been known; Council had asked staff to return with some interim use plans for Ventura, listing kinds of needs and terms of proposed uses. Councilmember Levy said that he thought that all buildings that were purchased wild be filled and used. He said he had contacted some of the possible users of space at the site and he said results of his talks led him to believe the City might be searching for a program because it had a building. He thought that acquiring all the buildings might be imprudent. Councilmember Renzel said she had no problem with acquiring the entire Ventura site, and the staff could let Council know how it was to be used. The poi icy had been that the buildings tm,jld b- set f_supperti g. Councilmember Brenner said that based on the premise thatneighborhood open space now provided by school sites should be kept in public ownership, the City would properly, as custodian of public funds, exchange -money for the open space land. She thought that evening's business was to decide upon a clear direction to take --discussion should be not design deta i l s but general conc,gts Mayor Henderson said that though the Ventura area had high density he was not thinking of the site for affordable housing; there was a possibility the site might be re -acquired for school use. AMENDMENT: Councilmember Eyerly moved, seconded by Levy, that the word "entire" be deleted from the first sentence of the motion before Counc i l , to be replaced with "Unit 2, plus open field space." The amendment fair on the following vote; ,,I S: Eyewrly, Levy NOES: Brcnner, Fazzi no, Fletcher„ Henderson, Renzel Sher, Witherspoon 4/7/80 541. MOTION AS AMENDED PASSED: The motion, that Council affirm its interest in having staff negotiate to purchase the entire Ventura school site, and direct staff to present at an appropriate time a proposal for purchase of the Ventura site, such proposal to be negotiated on the basis of recapture of the school district's investment, with payment on an installment basis with interest based on the district's average return on invested funds and provisions for repurchase by the school district on a recaptured investment basis, if needed for educational purposes, and staff to inform the school district that the City will act one way or the other on the proposed arrangement within one month following the City election on a new revenue source, passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon NOES: Eyerly MOTION: Mayor Henderson moved, seconded by Fazzino, that Council adopt the policy to retain all the Ventura biildings and direct staff to work with the neighborhood and community service organizations to finalize a plan for use of the buildings, such plans to include recovery of City operating costs on rented portions. Council ber Fletcher said she was concerned that the mention of recovery of City costs might price PACCC out of the use of the facility. Corrected See Pg.SO4 5/5/80 AMENDMENT; Cauncilrenber Fletcher moved, seconded by Henderson, that City -sponsored services Se exempted from having to recover costs. Councilmember Witherspoon said that if expenses became tighter the City might not subsidize as many projects as it had in the past. All projects could have some costs allocated to them. She would vote against the amendment. Councilmemeter Levy said that at present the school district's rents were based on the facility's costs and the uses to which the facilities could be put. The City would have to charge more based upon its having paid much higher amounts for the facilities, therefore he thought the City should ask to recapture costs. Douncilmember Fletcher emphasized that her aunt intended only the child care facility, extreme need for which had been proven. Councilmember Fazzino agreed the child care program should be exerted; that should be stated specifically, though he did not yet want to become specific. AMENDMENT FAILED: The amendment failed on the fol i owi ng vote: AYES: Brenner, Fletcher, Henderson, Renzel NOES: F.yerly, Fazzino, Levy, Sher, Witherspoon Vice Mayor Sher said he thought operating costs would be now i na l compared to capital costs. AMENDMENT: Vice Mater Sher moved, seconded by Fazzino, that the following words be added to the motion, 0...and in the case of eon -City sponsored services, to inch recovery, if possible, of amortized capital costs. 4/1/80 54 2 Ms. Bedwell said she thought the proposed amendment was distorting the purpose of acquisition of the center. If, for example, the county were asked in for one day a week to provide some social service, would the county have to be asked to pay rent that would include some portion of the capital outlay? Vice Mayor Sher agreed with the situation that might underlie some circumstances --he had used the words "if possible" so that some desirable situations would not be foreclosed. AMENDMENT PASSED: The amendment passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Henderson, Levy, Renzel, Sher, Witherspoon NOES: Fletcher Council rber Eyerly noted that the voters who would pass the revenue measure were not all represented at the Ventura district; he said that he knew the Mitchell Park Community Center was underused. AMENDMENT: Councilrember Eyerly moved, seconded by Renzel, that Council direct staff to report within 12 months of purchases on the utilization of the Ventura buildings so the Council could reassessuse of the site. Mayor Henderson said he thought the Council would be made aware of non- use long before twelve months were up. Councilmember Fazzino said he did not mind asking for the report but he certainly did not want eo demolish any of the buildings. He thought there would be periodic evaluations by staff on all of the projects. AMENDMENT PASSED: The amendment passed on the following vote; AYES: Brenner, Eyor s y, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher NOES: Witherspoon Council er Levy said that with the experience with the golf course fresh in mind he would like a fuller definition of "operating costs." AMENDMENT: Councilm er Levy moved that the following be added to the swain motion: "...including full costs of rmintenance and repair and appropriate reserve for replacement." The amendment died for lack of a second. MAIN NOTION AS AMENDED the main motion, as amended, that Council adopt the policy to retain all the Ventura buildings and direct staff to work with the neighborhood and co anity service organization, to finalize a plan for use of the buildings, such plans to include recovery of City operating costs on rented portions and, in the case of non -City sponsored services, to include recovery, if possible, of mmortized capital costs, passed on a u cniaaous vote. RECESS: Council recessed from 9:45 to 10:00 p.m. MOTION: Mayor Henderson moved, seconded by Witherspoon, that Counc i l accept the mixed -use concept for the Termite site, including low- and moderate -income housing units approximately equal in number for the 4/7/80 543 number of single-family units that could be developed on the entire property under R-1 zoning, such units to consist of at least 70 percent famil;• units, and all to be located on the west side of the property, and the remainder to be senior citizen units. Mayor Henderson explained he thought about 30-40 senior citizens units might be made from the wings of the Terman school, dependent upon what Palo Alto Housing Corporation„ staff and the community worked out. Councilmember Fletcher said she preferred not to get so specific on location; she thought the size of a multiple -family unit was significantly less than that of single-family, so she did not want to tie the number of senior citizen units to R-1 units. Also, traffic generated by R-1 could not be equated with that generated by multiple -family, multiple - family generated less. She preferred wording with the sense that total impact of housing to be developed on the site would be no greater than that impact generated by R-1 zoning. AMENDMENT: - Councilmember Fletcher moved, seconded by Levy, that the impact of proposed housing for multiple -=family was to be no greater than its equivalent were the area zoned R-1. A discussion ensued, with the consensus that neighbors in the Terman area had said they would have been content with R-1 housing, but they did not want low- and moderate -income housing, and so the fact that the impact would be less than from R-1 would be some compensation. Councilmember Fletcher said she thought impact could be assessed by site coverage and number of vehicle trips per day. Corrected See Pg. 604 5/5/80 Councilmember Renzel said she would vote there was going to be other usage of the hard to assess. Councilrmembir Brenner said the impact was residents did not understand 'impact' so building was to be located, and the like. provide housing and retain open space. Councilmember Levy said he like the sense of the proposed amendment dealing with impact rather than raw units. In this case, honer, he thought Council had to consider the comity center as well as the housing, and so he would not vote for the amendment. against the amendment, because site that would make impact not an easy ,measurement; many much as they understood where a The City's aim wag to AMENDMENT FAILED: The amendme Zt failed on the following vote: AYES: Fletcher NOES: Brenner, Eyerly, Fazzino, Henderson, Levy, Renzi!, Sher, Witherspoon Councilmember Eyerly said he thoughtitwas a mistake to designate housing for a certain spot on the sCte, as had been done. AE?OMENT: Coundlmember Eyerly proved, seconded by Fletcher, that the words "...and all to be located on the west side of the property adjacent to the cemetery," be :deleted. The .amendment passed on the following vote: AYES: - Eyerly, Fletcher, Levy, Sher, Witherspoon NOES: Brenner, Fazzi no, Henderson, Renzel 4/7/80 544- The question arose on just what 'family unt.t' meat --it was determined that those were two or more bedrooms, and not senior citizen housing; that definition was to appear in parentheses after 'family units.' Vice Mayor Sher ascertained that R-1 zoning on the site should -have accommodated 108 units. The Housing Corporation, with its own architect, had, with proposed zoning, developed plans for 80 -family unts and 123 senior units. He urged using specific numbers, rather than the formulae that produced the numbers. Vice Mayor Sher continued. He hoped the compromise on density would relieve some of the concerns neighbors had expressed. He liked the use of the term 'mixed use' in preference to the less -clear meaning of 'consortium.' Councilmember Brenner questioned the term "low- to moderate -income." As had been suggested, low income units were not built; moderate or 'affordable' units were built. Naphta i i Knox pointed out that the Below -Market -Rate (BMR) program was clearly in the middle -income range. Councilmember Brenner's reference was to low= and moderate -income housing, a term in use in the Comprehensive Plan, as was BMR, They we, a two different programs. According to federal guidelines 'low' meant 80 percent of median income and below. Councilmember Fazzino said a supported a mixed -use concept of the Teriran site, with subsidized housing of reasonable density. He thought it would be wise to work closely with the neighbors to develop a density plan. He thought the Housing Corporation could present plans on densities to the City if voters approved a tax revenue measure. He favored an area closer to downtown for senior housing. He favored leasing to rather than selling to the Jewish Community Center. SUBSTITUTE MOTION: Councilmember Fazzine moved, seconded by Levy, that Council accept the concept of mixed -use for the Ter -man site and direct staff to work with all interested parties tc finalize the package for such mixed -use, to include a self-service library, and to return to the Council with this package when completed. Portions of the site in excess of 7.5 acres desigeated for City acquisition should either be acquired by outside agencies or by the City, on a self -funding basis. Councilmember Fazzinc said he thought Council had to make a policy statement about its desire to purchase school sites as a mans of getting open space and affordable housing, to which end ail proposals should be invited. Jean Diaz, Real Property Administrator, said the history of the mixed - use concept began June 7, 1979 when the staff report h,d been presented to Council. At that time both JCC and the. Palo Alto Housing Corporation (PJKC) had begin working with the school district. Since then there had been mach discussion on the mixed -use concept; no other parties, that he knew of, had expressed interest in working with the City or other to develop mixed -use plans for Terman. A formal invitation had, of course, not been grade ---the City neither owned nor controlled the property. Councilmember Levy said he thought it was important for the City to invite proposals on a ford basis. Council +er Renzel expressed misgivings about starting over completely. She strongly favored having the City acquire the site and then lease out but own the bulk of the pro7erty outright. assuming an appropriate lease with JCC could be negotiated. She thought that opening it for proposals made it difficult for developer; .to put energy into conceptual plans. She wanted the housing that was to be developed to be affordable and Affordable in perpetuity. not just for 20 years. for example, She would oppose the substitute motion. 4/7/80 645 Councilmember Witherspoon asked if Councilmember Fazzino favored affordable housing, because his motion did not so state. She noted that the City did not awn the site Dad asking for proposals was not in order. Councilmember Fletcher said she assumed the City would not attempt to acquire the Ter,nan site until after the November election, and so, if the City intended to go to bid, that process could not be started until. .= after November. But with the main motion staff would continue with acquisition plans :end PAHC could continue to develop its plans. She would support the main motion. Councilmember Brenner said she thought the only new thing the substitute notion included was neighborhood participation in developing the package. She would stay with the main motion. Vice Mayor Sher said that both the main and substitute motions supported the mixed -Ruse concept involving City ownership of some of the buildings and open space for recreation along with a component of low- and moderate - income housing, with possible involvement of a third party through rental or leasing. His main concern, he said, was not with having the process open to developers, it was that the neighborhood had not yet been properly involved in developing the mixed -use package. The City's possible request for proposals wouid mean the City would have to put together a package and request bidders, or leave it completely open and then go again to the neighborhood and others for acceptance. The main motion seemed to him to embody the mixed -use .oncept with the City able to define specific uses. He would stay with the main motion. Councilmember Levy said he thought the main notion should include that a City library be in the plan, along with access for the public to the gym and pool on the site, along with potential acquisition by the City of the facilities to lease to JCC. Then he would favor the main motion. SUBSTITUTE FoUION FAILEO: The substitute motion sailed on the following vi te: AYES: Fazzino NOES: Brenner, Eyerly, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon MAIN MOTION AS AMENDED PASSED: The vain motion, that Council accept the mixed -use concept for the Tenn site, including low- and moderate - income housing units approximately equal in number for the number of single-family units that could be developed on the entire property under R-1 zoning, such units to consist of at least 70 percent family units (2 bedrooms or more) and the remainder to be senior citizen units, pas&ed on a unanimous vote. MOTION: Mayor Henderson moved, seconded by Renzel, that Council direct staff to develop a package for mixed use on the Teraaan site in conjunction with neighborhood residents* the Jewish Community Center (JCC) and the Palo Alto Housing Corporation (P!HC ). Vice Mayor Sher reviewed the history of the matter now before Council: the school district declaring some of its property to be surplus, PAHC and JCC devel opi ng a concept by hiring their own architect, the matter wing before Councils with Council instructing staff to develop the mixed -use concept; Pic way for the neighborhood to be involved had been set forth. The neighborhood's response to the ideas had been that of people twiny ideas foisted upon them. 4/7/60 546 AMENDMENT: Vice Mayor Sher moved, seconded by Brenner, that to the motion be added the sentence that Council direct staff to organize a neighborhood meeting at which no more than three residents of the neighborhood shall be selected to participate with the City in the development of a package on mixed -uses for Terman site. Council ember Levy wondered if it would be worthwhile to break the rule not to hear from the neighborhood, and to hear from them on the proposed amendment by Vice Mayor Sher. AMENDMENT: Councilmember Levy moved, seconded by Sher, that Council open up to the public ten minutes for discussion of the amendment. Mayor Henderson noted the difficulties in choosing wtx would be chosen to speak. Councilor Renzel said that any decision on Vice Mayor Sher's proposed amendment did not preclude any neighbor from coming forth at any Council meeting on the subject to express his opinion. The motion was intended to permit more intense involvement on the part of the nel ghborhood . Mayor Henderson asked City Attorney Abrams if a motion could be made that was not related to the motion already before Council. Mr. Abrams replied that such a motion was out of order and that there was already an amendment on the floor. AMENDMENT PASSED: The amendment that to the motion be added the :sentence that Council direct staff to organize a neighborhood meeting at which no more than three residents of the neighborhood shall be selected by neighbors to participate with the City in development of a package on mixed -use for Terman site, passed on a unanimous vote. SUBSTITUTE MOTION: Councilor Levy moved, seconded by Fazzino, that Council direct staff to work with all interested parties to finalize the package for mixed -use and to return to Council with the package when ceeplet.'d, the package to include a self-service library and reasonable public access to the pool and gym; portions of the site in excess of 7.5 acres designated for City acquisition should either be acquired by outside agencies or by the City for lease on the same financial basis as foe Ventura. Mayor Henderson conf i rid that though the motion restated an earlier motion it was a proper motion. Coencilmember Levy repeated that he thought the City should .invite all interested partsfes to come forward with proposals. Mayor Henderson noted that the proscription against particularities was being ignored, as in the case of stating that a library should be included. Councilmember Brenner said she thought the details the substitute motion asked for were good, but the more specifics were mentioned the more limited the work became. Council Renee' said she thought the details mentioned by the substitute motion old be made throes discussions of the mixed -use package; she would oppose the substitute motion. Vice Mayor Sher said the specifics, if desired, could be added to the main emotion. He objected to the "all interested parties because he thought love and moderate -income housing would involve only PAHC. He world vote wit the substitute notion. 4/7/80 547 SUBSTITUTE MOTION FAILED: The substitute motion failed on the following vote; AYES: Fazzino, Levy NOES: Brenner, Eyerly, Fletcher, Henderson, Renzel, Sher, r Witherspoon Councilmember Fazzino stressed he thought all interested parties should be included. AMENDMENT: Councilmember Levy moved, seconded by Renzel, that to the main notion be added the words: "it is the sense of the Council that the mixed -use package for Terman should include a self-service library and reasonable access to gym and pool." Councilmember Renzel said the words showed that the sense of Council was that it wanted those specific matters included. Mayor Henderson said he would vote against it because those items and others would be covered in subsequent discussions on mixed use. AMENDMENT: The amendment failed on the following vote: AYES. Fazzino, Levy, Renzel, Sher NOES: Brenner, Eyerly, Fletcher, Henderson, Witherspoon MAIN MOTION AS AMENDED PASSED: The motion, that Council direct staff to develop a package for mixed use on the Terman site, in conjunction with neighborhood residents, and also in conjunction with the Jewish Community Center (JCC) and the Palo Alto Housing Corporation (PAHC), and directing staff to organize a neighborhood meeting at which no more than three residents of the neighborhood shall be selected by neighbors to participate with the City in development of a package on mixed uses for Terman site, passed on a unanimous vote. MOTION: Mayor Henderson moved, seconded by Eyerly, that Council direct staff to work with the Midpeninsula Open Space District, City of Los Altos Hills and other public agencies to sell Esther Clark Park as open space on a recovery -of -investment basis, and if such effort fails, to take steps to offer, the park for private purchase at full market value.and if necessary, to prepare a measure for the November 1980 ballot to remove the site from the City's park dedication ordinance. Councilmember Brenner said she wanted to keep the open space at Esther Clark Park until it was proven to be wrong. She did not want to sell it to a developer for full market value. She said there should be an el emen t of public benefit resul ti ng from whatever happened to the l a nd . She noted that a good portion of it was flood plain. AMENDMENT: Counc i 1 menber Brenner loved, seconded by Fletcher, that the phrase "...if such effort fails, to take steps to offer the park for private purchase at full market value," be deleted. Councilaaember Brenner said she had visttaxlthe property that afternoon and noted that randomly cut roads were being used as access '...for two huge homes that are being built. As I look at them it appears one is in Palo Alto and one is in Los Altos Hills,' and she said the roads were quite destructive. She saw no benefit resulting from building very expensive homes oh the park property. 4n/80 548' Mayor Henderson confided that the phrase had been written to act as impetus toward sale to a public agency. Vice Mayor Sher suggested that the phrase "...for continued use" be added to follow the wards "Esther Clark Park" in the motion. Councilmember Renzel said she thought the amendment was creative in that it encouraged other agencies to purchase property at a "discounted" price in exchange for preserving it as open space. Courncilmember Eyerly said he favored leaving the phrase about offering the park for private purchase in the original motion. The time to debate that would be if sale to a public agency failed and an offer from a private developer were brought in. AMENDMENT PASSED: The amendment, fails, to take steps to offer the market value," be deleted, passed that the phrase "-..if such effort park for private purchase at full on the following vote: AYES: Brenner, Fazzino, Fletcher, Renzel, Sher, Witherspoon NOES: Eyerly, Henderson, Levy MAIN MOTION AS AMENDED PASSED: The main motion, that Council direct staff to work with the Mtdpeninsula Open Space District, City of Los Altos Hills and other public agencies to sell Esther Clark Park for continued use as open space, on a recovery -of -investment basis, and, if necessary, to prepare a measure for the November 1980 ballot to remove the site from the City's park dedication ordinance, passed on a unanimous vote. MOTION: Mayor Henderson moved, seconded by RenzP1, that Council adopt the policy that the City will need new sources of revenee for general operating purposes as well as purchase of surplus school sites, and to that end Council directs staff to prepare: a ballot measure for a utility user's tax, exempting telephone, such tax to begin at a certain rate and include a maximum for school site purchases, include an overall maximum, and require a two-thirds vote of the entire City Council for any future increases between the beginning rate and the maximum rate. Mayor Henderson said his motion sought staff recommendations for a ballot proposal. He thought a separate meeting to discuss details of the ballot measure should be held at a later date. Councilmember Fazzino said the motion did not limit revenues to purchase of school sites, as he thought it must be in order..te- tes, with some limitation on the revenue measure to end it when purchase of the surplus school sites had been completed. SUBSTITUTE MOTION: Counciimer Fazzino moved, seconded by Levy, that Council direct staff to prepare a ballot measure for the November ballot to establish a tax on utility.esage solely for purchase and maint„enace of identified surplus school sites. Vice Mayor Sher said he thought it important to fashion a ballot measure toward revenue raising so that it had some chance of passing. The requested proportion should be small. The substitute motion, he thought, was too narrow to have Citywide appeal, and he favored stating also that the revenue would go for acquisition of other park lands and maintenance of recreation program and libraries -programs that everybody benefited from. $e thought people understood that new revenues +,ire necessary and a compromise package with broad appeal was sided. 4/7/80 549 Corrected See Pg. 604 5/5/80 Councilmember Fenzel said she thought Palo Altans, in view of their tax savings resulting from passage of Proposition 13, would be willing to support a user's utility tax. People wanted services and sue thought a ballot measure would pass. The measure, according to the motion, would expire when desired properties had been acquired, but with the wish for services, instead of the tax expiring the proportion of tax could be reduced to cover those services. Councilmember Witherspoon said that though she agreed with much that had been said she would vote against both motions; she thought the public should be heard from, and she favored having a Committee of the Whole meeting. Co1Jncil ber Brenner said she thought a utilities tax should have a basic exertion for lifeline users and the like. Councilareaber Fletcher noted that two separate staff reports mentioned two reasons for a revenue raising ballot measure: one for school site acquisition and one for long range operating revenue --she commented on that conflict. William Zaner, City Manager, said that school site acquisition was the most clear need for revenue, but soon other operating expenses would indicate the need for revenue from the utility users tax. Time regained before having to prepare the wording of the ballot measure to see if Proposition 9 passed and how matters stood at the state legislature. Councilmember Fetcher preferred waiting to become specific after June. Councilrrember Eyerly said he did not think the general voter would approve increased tax for operating purposes. He thought the measure should include parklands, libraries —making clear to the voter what purposes he was being taxed for. Councilmember Levy said he thought staff should begin right away to develop a tax proposal because much discussion would be needed. He thought that if a revenue tax were asked for school site acquisition the City could, if it wished, return to the voters to ask for an increase in the tax for general operating expenses. Phyor Henderson said he thought it would be lacking in foresight to think of asking the voters for revenue two different times. He thought a tax for recreation, arts and the like would have the broadest appeal, with purchase of open space to be a part of that recreation/arts program. SUBSTITUTE MQTION FAILED The substitute motion failed on the following vote: AYES: Fazziro, Levy NOES: Brenner, Eyerly, Fletcher, Henderson, Renzel, Sher, Witherspoon Vice Mayor Sher said he did not think Council, in discussing a new source of revenues was doing anything inconsistent with the sense of: Proposition 13 or the proposes! proposition 9, if it passed; those propositions were designed to cut taxes then each community could decide .what level of services it would tax itself to provide. That is a difficult matter, he acknowledged, because each proposed tax measure requires a two-thirds (67 percent) vote for passage. The matter was clearly up to the voters. 4/7/B0 554 He did not think acquisition of tchool sites had enough appeal, though the decisions Council had made that evening about Terman and Ventura sites assumed that there would be a ballot measure for a new revenue source, and Vice Mayor Sher said, he thought Council had to make a motion that evening that said that. SUBSTITUTE MOTION: Vice Mayor Sher moved, seconded by Henderson, that Council adopt the policy that the City will need new sources of revenue for acquisition of surplus school sites, maintenance of those sites and other parklands, for operation of recreation programs and libraries, and direct staff to prepare a November ballot measure for a utility users tax, exempting telephones. Vice Mayor Sher said that the proposed sure would then return to Council and could be examined in detail. AMENDMENT: Councllmember Brenner moved, seconded by Renzel, that any utility users tax must include a basic exertion for lifeline users. Councilmember Brenner said she received phone calls from people who said how hard-pressed they were. She thought it important for such people to know that the 'bottom level' user would not be taxed. Mayor Henderson said by Counci l member Brenner' s amendment he would be exempted because his utilities were low cost, but he would be getting increased services from the revenue measure --he thought all who would be receiving services should be paying the tax, which he thought would be quite low. Councilmwber Levy said that since 'lifeline' costs were alredy lower he id not support having such users exempted from the tax. AMENDMENT FAILED: The amendment failed on the fol wowing vote: AYES: Brenner, Renzel, Sher NOES: Eyerly, Fazzino, Fletcher, Henderson, Levy, Witherspoon AMENDMENT: Ccumcilmember Levy moved, seconded by Fletcher, that "exempting telephones," be deleted. Councilor Fazzino said he would oppose the amendment. For one thing, Centre* users would make the tax become area wide, not just Palo Alto. Councilor Eyerly said that among other eons he would oppose the amendment, the exemption of telephones would build sentiment against the utilities tax. Mayor Henderson said that there already was a federal tax oa telephones. The other utilities were handled by the City, and that would simplify matters. Covncilmember Levy reviewed estimated revenues resulting from telephone tax, saying he tit it wise to include it. ANEMDMENT FAILED: The t failed on the following vote: AYES: Fletcher, Levy NOES: Brenner, Eyerly, Fazzino, Henderson, Renzel„ Sher, Witherspoon SUBSTITUTE M1T1O 1 PASSED: The substitute motion, that Council adopt the policy that the City will need new sources of revenue for acquisition of surplus school sites, maintenance of those sites and other parklands, 4/7/80 • S 5 I for operation of arts and recreation programs and libraries, and direct staff to prepare a November ballot measure for a utility users tax, exempting telephones, passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher NOES: Witherspoon Councihnember Fazzino left the meeting at 12:05 a.m. and diva net return. MOTION: Councilrr er Renzel roved, seconded by Fletcher, that staff recommendation of February 21, regarding Ortega and Garland school sites, "The City affirms its interest in 1 acre of the Garland site for a minipark, and an exchange of property at the Ortega site that would result in a net gain of 1 to 1.5 acres, and a more efficient configuration of the adjacent City park." Counciir er° Renzel said her motion included the sense of point 6 of the staff report, that spoke of Ramos park. Councilirember^ Renzel said she was interested in having the City purchase larger portions of various sites, with landbanking, perhaps for housing. MOTION PASSED: The motion passed on a unanimous vote, Ccuncilmember Fazzino absent. MOTION: Council ma r Levy !roved that implementation of any school site acquisition should be dependent on a revenue tax approval in November. The motion died for lack of a second. HISTORIC PRESERVATION ORDINANCE MOTION: Councilmember Witherspoon introduced the following ordinance and, seconded by Renzel, raved its approval by Council for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 16.49 TO THE PALO ALTO MUNICIPAL CODE REGARDING HISTORIC PRESERVATION AND ALSO AMENDING SECTION 16.48.070 OF THE PALO ALTO MUNICIPAL CODE orrected Pg, 604 /5/80 Ken Schreiber, Assistant Director of Planning ash Community EmiroAmelts said sale had been hired to write up a grant on the historic building inventory, and he thought that would be submitted soon. Council r Witherspoon said that she thought all Palo Alto buildings on national, state and county lists should be included whether or not they had been on the City's inventory. She asked staff to check. Counciimember Witherspoon asked that under "...for recommendations on the historical and/or architectural significance of the building," on page 2 under 16.49.040 (1) be aid. Cotu il r Witherspoon asked that "landscape architects" be added to "licensed architects," on page 3. rrected. Councilmember Witherspoon asked that research of commercial buildings be ee Pg. 504 mandated, so that they could be added to the inventory of buildings. /5/80 4/7/80 55 t Councilmember Witherspoon said that owners cf buildings on the list Corrected would get tax breaks —that included many in Professorville. See Pa. 604 5/5/80 Councilmember Eyerly asked how the additional requirements on staff time to work on the Historic Preservation ordinance would be handled. Ken Schreiber said he had stressed in the Policy and Procedures Committee meetings that checking the list and building would be relatively informal and should not take much time, MOTION PASSED: The motion to approve the Historic Preservation ordinance passed on a unanimous vote, Councilmember Fazzino absent. KIPLING STREET PARKING LOT ro eC Councilmember Eyerly said that since he was a member of the parking district he would not participate in the discussion. Councilmember Levy asked about the possibility of having the parking district borrow the money from the City. William 2aner, City Manager, said he thought that would be uneconomic for the City, whereas bonds were attractive to investors because of the tax breaks. MOTION: Councilmember Levy introduced the following resolutions and seconded by Renzei moved their approval by Council: UNIVERSITY AVENUE AREA OFFSTREET PARKING ASSESSMENT DISTRICT 75.53, $175,000 BONDS OF 1980 RESOLUTION 5782 enitled "A RESOLUTION O�tft'IO+N TO— MAKE CHANGES AND MODIFICATIONS." RESOLUTION 5783 entitled "A RESOLUTION PROVIDTWFWBSUANCE OF BONDS AND DIRECTING THE LEVY OF ANNUAL ASSESSMENTS TO PAY THE PRINCIPAL. AND INTEREST THEREOF." RESOLUTION 5784 entitled "A RESOLUTION CALLING FOR. gra ON SALE OF IMPROVEMENT BONDS.' The motion passed on a unanimous vote, Councilmember Eyerly not participating, Councilmember Fazzino absent, COUNC I LMEM BER LEVY RE AMUSEMENT PARKS MOTION: Councilmember Levy moved, se6nded by Fletcher, that Council direct staff to prepare a resolution extending sympathy to the family of KM Foss, a young Palo Alto resident who had been killed by having been thrown from an amusement ride; and inform legislators of Council's desire for the legislature to consider licensing and inspection of amusement pans, to return to Counci. l with such documents on April 14 The action passed on a unanimous vote, Councilmember Fazzino absent. 4/7/813 553 William Zaner, City Manager, said that a 6 p.m. session on energy planning had been planned for April 14; dinner would be served.