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HomeMy WebLinkAbout1980-04-21 City Council Summary MinutesCITY COUNCIL MINUTEs ITEM Oral Communications 1. Gail Woolley, 1685 Mariposa 2. Mr. Edward McDonald, former president of Historical Association 3. County Supervisor Gerry Steinberg • eting Ap 1, 1980 Consent Calendar .- Referral Items Electric Rate Increase (Referral to F&PW Committee) Consent Calendar - Action Items Resolution Affirming Desire and Commitment to Maintain and Support Junior Museum and Lucy Evans Center Adoption of final subdivision map for 105.115 Emerson Approval of application for final map - 1103-1143 Stanford Avenue --2€320--2030 Oberlin Approval of application for site and design review 3865 Page Mill Road Resolution of Appreciation to Timothy D. Trailer Policy and Procedures Committee Recommends Within Our Limits" Document Policy and Procedures Committee Recommends Standing Committee Referral System Policy and Procedures Committee Recommends Commissions Ke "Living concerning Re Publ i c First Reading of Drug Paraphernalia Ordinance Second Reading of Historic Preservation Ordinance Report Re Municipal Zolf.Course _ Palo Alto Airport --County of Santa Clara Request for Approval of Project to Pave Tie -Down Area and Widen Taxiway Time Schedule for Surplus Schools Matter_ Adjournment to Executive Session Adjournment in Memory of Cres V. Eyerly Adjournment of Council Meeting and Executive Session CITY of PALO At10 PAGE 573 573 574 574 574 574 574 574. 576 578 581 583 584 $84 586 586 587 58.7 4/21/80 572 Regular Meeting April 21, 1980 The City Council of the City of Pala A1to'met onthis date at 7:40 p.m., in the Councilchamber at 250 Hanlitone Avenue, Mayor Henderson presiding. PRESENT: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon ABSENT: None Mayor Henderson announced that a brief executive session concerning possible litigation would take place following the meeting. 9RAL COMMUNICATIONS 1. Gail Woc=ley, 1585 Mariposa, said she spoke as liaison for the County of Santa Clara Historic Heritage Commission. She said Supervisor Steinberg would present the City with a plaque, one of four such plaques awarded, for its excellence in historic preservation resources. 2. Mr. Edward McDonald, former president of the Historical Association, listed reasons for Palo Alto's having been awarded the plaque dating from 1967, such as preservation of the Squire House, the Veterans' Building, the Fire and Police building on Bryant Avenue, preservation of the City's trees, a 20lpage pamphlet giving national , state, county and municipal historical agencies memorial plaques of notable sites throughout the City, provision for historic preservation/tithe City's Comprehensive Plan, an inventory of the City's historic resources, and a propo►sa1 to establish such a historic preservation program, and ordinance for which was on that evening's consent calendar. 3. County Supervisor Gerry Steinberg expressed her pleasure in being a participant in presenting Palo Alto with the award, on behalf of the County Board of Supervisors. Mayor 'arson accepted the plaque, with thanks to those making the award for their cooperation in helping the City with its historic preservation program. CONSENT CALENDAR moiler Brener asked that the matter concerning the historic preservation ordinance be removed from the consent calendar. Coun filers Bremer and Reneel esked'tieztitheir votes on the application for a final map at the corner of Stanford and Oberlin Avenues be recorded as Referral Items ELECTRIC RATE INCREASE e errs na pe and Public Works Committee The resolution amending schedules El., E2, and E4 was referred to the Finance and Public Works Committee. 4/21/80 5 7 3 Action Items JUNIOR MUSEUM AND LUCY EVANS BAYLANDS NATURE INTERTETTVt CENTER (CMR:218:0) Staff recommends that Council adopt the resolution that affirms the City of Palo Alto's desire and commitment to maintain and support the Palo Alto Junior Museum and Lucy Evans Baylands Nature Interpretive Center. RESOLUTION 5787 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AFFIRMING ITS DESIRE AND COMMITYENY TO MAINTAIN AND SUPPORT THE PALO ALTO JUNIOR MUSEUM AND LUCY EVANS BAY ANDS NATURE INTERPRETIVE CENTER." 1051tUiTgaL5.1gai BDIVISION MP Staff recommends that Council adopt the final subdivision asap for 105- 115 Emerson Street, 1103-1143 STANFORD AVENUE --2020-2030 OBERLIN VITTnnonDirrTNAMr"--"- —" Trourr-r-Thir MAPIrknEYERETTE (CMR:183:0) Staff recommends that Council approve the application for final map. 3865 PAGE MILL ROAD MITUTTUrniR SITE AND DESIGN REVIEW r �s The Planning Commission unanimously recommends approval of the application of Daniel and Grace Brors for Site and Design Review for property located at 3865 Page Mill Road. MOTION: Coinilmember Witherspoon moves:, seconded by Fazzino, that Council approve the Consent Calendar. The motion passed on a unanimous vote, Councilmembers Brenner and Renzel voting "no" on the application for a final map at Stanford and Oberlin Avenues. RESOLUTION OF APPRECIATION itf TIk iY. D. near — MOTION: Councila er Fazzino introduced the following resolution and sP_condod hv Withearen^non m;;`r` 14.1.adojtio€ by Courtii RESOLUTION 5788 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO TIMOTHY D. TRAILER FOR OUTSTANDING PUBLIC SERVICE AS A NEMER OF THE ¢u wew RELATIONS CO I SSION." The motion passed on a unanimous voice vote. POLICY NW PROCEDURES CC1MITTEE REDS ,.a 220:0) Counc i l aver Fazzino, Chairman of the Policy and Procedures Committee, said that the committee rends that staff prepare e a letter to the County indicating that the Policy and Procedures Coiittee's concerns with "Living Nithin Our Limits" document, and that staff comments in, the 4/21/80 574 document not be forwarded; further, that the letter, when drafted, be submitted for Council approval before it is sent to the County in time for its May, 1980, discussion of the document. Chairman Fazzino said Counci lmembers had before them a draft letter from Naphtal i .Knox Director of Planning and Community Environment. Chairman Fazzino said Council had had some discussion about imposing a possible moratorium on further Corrected growth on February. 12, with Council expressing its opposition to creation See Pg. 642 of a County Metropolitan government. Palo Alto's review and approval 5/19/80 policies had already been streamlined, he thought, and adjusting local fees was not thought to be a way of encouraging low-, moderate- and middle -income housing, though landbanking in appropriate locations for such housing should be begun. It was not thought that commercial development was more remunerative to governments, since housing turned over about every three years, permitting it to be assessed at full retail market value. The Committee did not favor state fiscal policy to redistribute local sales and property taxes to cities according to a formula based on need. MOTION: Chairman Fazzino, on behalf of the Policy and Procedures Committee, moved that that Council approve and that the Mayor sign the letter from Naphtali Knox to the County on the topic of "Living Within Our Limits." Vice Mayor Sher said that he agreed that the City was seeing that cor ercial was not more profitable than housing. He thought that perception should be communicated to other communities that were still under the impression that commercial brought in more revenue. That thought could be stated to the Board of Supervisors in relation to Statement 8 in the report, he thought. In relation to redistribution of funds by the state, Vice kyor Sher said he thought municipalities, and Palo Alto, should be prepared to consider proposals for fiscal reform, and he thought the statement made by the Policy and Procedures Committee saying that Palo Alto would not agree to that seemed selfish for perhaps some land use problems and transportation problems could be solved in that or other ways. Mayor Henderson recalled that Council had left open the matter of fiscal reform and he had passed that information on to the Intergovernmental Council (IGC). Councilmember Fazzino said he recalled that there was concern about taking financial responsibility away from the cities. The last line on the committee recommendation could be deleted, and his statement about not wanting more fiscal concern on the part of the county could be given. Councilmember Renzel said she thought the committee's intent was to express reservations about another layer of government being set up. Coisnrilmember 8rer;nt r agT .cd that the comity not have fiscal control over cities. While fiscal reform was wanted, Palo Alto did not agree with the idea on fiscal reform held by the county. Vice Mayor Sher said that Mr. Knox's draft letter spoke to that: job - poor cities wanted distribution of revenues, with the compromise language being increases in the future over -a base year, adjusted for inflation -- cities who would benefit from the fiscal reform would have to stop generating the problems that created a jobs/housing imbalance. The county had not been involved in the plan; it had been drawn up by a task force consisting of representatives of cities, industry, labor, and environmental groups. Council could specifically request that revenues not be funneled through another layer of government. State participation would be needed to facilitate the revenue distribution. AMENDMENT: CouncilreMber Sher moved, seconded by Renzel, that paragraph 9 in the draft letter be changed to reflect the idea that Palo Alto was prepared to consider the idea of fiscal reform of the type indicated but would be opposed to its being accomplished through creation of another layer of government. The motion passed on a unanimous vote. 4/21/80 575 AMENDMENT: Vice Mayor Sher moved, seconded by Witherspoon, that in paragraph 8 of the draft letter that the statement "...fiscal incentives in the current tax structure. . . ." state instead that there now existed among the cities a perception that it is more profitable for cities to have commercial/industrial development than housing but that that percep- tion may not be accurate, with the paragraph continuing as it now states, "The Council therefore believes that it is appropriate for the county to undertake a region -wide analysis. . . ." and so on, about revenues available from housing. The amendment passed on a unanimous vote. Vice Mayor Sher asked that the content of paragraph 3 be checked to be consistent with Council action taken at the meeting. MAIN MOTION AS AMENDED PASSED: The main motion, that Council approve the committee recommendations about "Living Within Our Limits" as amended, passed on a unanimous vote.. POLICY AND PROCEDURES COMMITTEE RECOMMENDS EM (CMR:181:O) Councilmember Fazzino said he had moved last July that this matter be referred to the Policy and Procedures Committee. He had thought that since it had been ten years since the last discussion it was time for a review of how work among the two committees was divided. A report from the Assistant City Clerk said the present structure had been in effect since 1971, and in 1977-78 37 items were referred to the committees: 21 to the Finance and Public Works, 16 to the Policy and Procedures Committee. During the course of 1979 the Finance and Public Works Committee had met 18 times, the Policy and Procedures Committee had met only 6 times. The Policy and Procedures Committee had asked for more referrals, and had received them, and Council had been more vigilant about sending al; policy -related matters to the committee. MOTION: Councilmember Fazzino, as chairman of the Policy and Procedures Committee, moved that inasmuch as the key areas of the Finance and Public Works Committee are the budget and financing mechanisms, the general broad issues of public works and capital and fiscal infrastructures of the City, those three areas should be considered by the Finance and Public Works Committee and all other areas should be approached first by the Policy and Procedures Committee for policy decisions. 1. The Finance and Public Works Committee be renamed as the Budget, Utilities and Public Works Committee; 2. The Policy and Procedures Committee be renamed as the Policy, Planning and Human Services Committee. Councilmember Fazzino said there had been a suggestion that the committees take their names from their assignments; The Budget, Utilities and Public Works Committee, and The Policy, Planning, and Human Services Committee. Councilmember Fazzino emphasized that the Policy and Procedures Committee___ thought the Finance and Public Works Committee should be considered as a budget committee. Mayor Henderson said he thought there things that were simple --he cited the point, saying people did not remember want to spend the money to change the need for change he would simplify the and Policy Committee. was a tendency to make complicated suggested names as a case in the present names. He did not municipal code; if there were a committee names to Finance Committee 4/21/80 57 6 Councilmember Witherspoon agreed that the changes in the code that would be needed made the proposal on the name change seem "ridiculous." Councilmember Brenner ascertained that primary references to the committees were in Title II, and about two hours of staff time would be needed to make changes in the structure. She had thought a Committee of the Whole might be a. possibility in the interests of simplification and fewer night meetings. Councilmember Fazzino agreed that simplicity was desirable --the suggested names could perhaps have clarified the duties of each committee in the eyes of the citizens, Councilmember Renzel said that unless there was a current -yeas budget amendment policy decisions should be made on matters before they were referred to the Finance and Public Works Committee, as in the case, for example, of what kinds of things should be incorporated in a park -- policy decisions were needed before financial decisions were made, Councilmember Levy said that Council should endorse the definition of the committees given in the motion; he thought the discussion on names was not important. Mayor Henderson said he thought the definition given of the committees in the Palo Alto Municipal Code was adequate, and errors were made only when referrals were made to the wrong committee. Councilmember Fazzino suggested that the phrases "...and utilities" and "particularly Planning and Human Services" be added to the motion, with the two suggested committee names to be deleted. Councilmember Fazzino said he would like the first paragraph of the Committee's motion, with those additions, to be adopted as policy by the Council. He would like staff to look at the code to see if there were any need for changes in it. Mayor Henderson noted that now the Finance and Public Works Committee had responsibility for parks, libraries and public facilities; the amendment would shift those concerns to the Policy and Procedures Committee. Councilmember Witherspoon pointed out that page 9 of the minutes of the Policy A Procedures Committee made the duties of each committee quite clear --she saw no need for the motion. Councilmember Fazzino said he would like an "official amplification of what the proper division of duties should be." moms AS ChANGED PASSED: The motion, that the phrases be added to the wording of the motion, so that it read as follows: That inasmuch as the key areas of the Finance and Public Works Committee are the budget and financing mechanics, the general broad issues of public works and utilities and the capital and fiscal infrastructures of the City, those three areas should be considered by the Finance and Public Works Committee, and all other areas, particularly Planning and Human Services, should be approached first by the Policy and Procedures Committee for a policy decision, and that the tmo suggested new names for the committees be deleted, passed on the following vote: AYES: Brenner, Fazzino, Fletcher, Levy, Renzel: Sher NOES: Eyerly, Henderson, Witherspoon 4/21/80 57 7 MOTION: Councilmember Fazzino moved, on behalf of the Policy and Procedures Committee, that Coureil approve that each committee establish its first meeting date per month as its official regular meeting date, (Finance and Public Works the second Tuesday; Policy and Procedures the first Tuesday) and that all other meetings be scheduled as special meetings. Vice Mayor Sher said he thought the motion would more accurately reflect reality, because committees had scheduled two meetings a month, then often cancelled the second meeting. MOTION PASSED: The motion passed on a unanimous vote. POLICY AND PROCEDURES 7,4 01441 TTEE inTraiMnE )5UDLIC COMMISSIONS MOTION: Ccuncilmember Fazzino, as chairman of the Policy and Procedures Committee, moved that Council direct staff to explore ways to provide greater visibility, greater recognition and more formal recognition of all committees --Temporary Task Forces or Ad Hoc Committees, staff -formed Corrected Committees, and Liaison Committees --of citizen members who are acting in See Pg. 642 an advisory capacity to staff or Council. 5/19/80 Ccuncilmember Fazzino said he thought that if citizens so wished Council would fore more commissions and committees but there was concern about the amount of staff time needed to support such citizen efforts. Council - member Levy had sugjested there could be committees for such City concerns as libraries, recreation and art; those areas already had citizen groups, but there was the concern that they might become clique-ish. Councilmember Levy said he thought the minutes showed that neither the committee members nor the citizens who attended the meeting thought there was need for more interface in recreation or libraries, and, indeed, that more would be superfluous. Councilmember Brenner said she thought it was important to recognize the work of members of Council -appointed committees; if a committee worked together for some time it becaa e quite knowledgeable. If one of the committee members held a minority view that member was likely to fall away from the committee. She would like all committees and committee members to be identified by the Council for their volunteer work, so that there was at least the possibility of contact. Councilmember Fazzino requested that the City Clerk inquire into ways and let Council know how a list of committees and committee members might best be drawn up. Alison Lee, 1241 Marker Avenue, said she was chairman of Standing Committee on the Arts. She said the committee would be glad to send a roster of its committee members, along with minutes of the arts forum. That committee had contact with Council on Arts in Palo Alto (CAPA) at buciet hearings and on policy matters that came before Council. Councilmember Fazzino said he thought it would be good to have a list of officers of the committees. Councilmember Fletcher referred to the committee that worked on the development of Bol Park. Naphtali Knox, Director of Planning and Community Environment, said he thought that committee existed only for the building of the park when it was in the county, before annexation to the City. 4/21/80 / 5 ! 8 Councilmember Fletcher recalled the frustration of having been on a staff -appointed committee, but discouraged from going to Council, though she did not favor changing that structure right now. Councilmember Levy said he thought it would be a mistake to fit the Council -appointed committee, the staff -appointed committee and the citizen -formed committee into one concept. He did not think recognition was necessary, and he did have some concern about Council giving recognition to one- or two -person committees. He did favor the idea of a directory of committees and commissions, however. Councilmember Renzel said she thought citizen -formed committees operated under the auspices of the City with respect to facilities of the City or City programs. She thought the motion intended that more visibility be given to groups that were now operating, and what the specific titles of the groups were. MOTION PASSED: The motion that Council direct staff to explore ways to provide greater visibility, greater recognition and more formal recognition of all committees --temporary task forces or ad hoc committees, staff - formed committees, and liaison committees --of citizen members who are acting in an advisory capacity to staff or Council, passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Renzel , Sher; Witherspoon ABSTAIN: Levy MOTION: Councilmember Fazzino, on behalf of the Policy and Procedures Committee, moved the committee recommendation that Council appoint an ad Corrected hoc traffic committee to be composed of representatives from a variety See Pg.642 of neighborhoods and also representatives from industry and commercial 5/19/80 areas, to try to determine some optimum solutions or priorities for dealing with the various traffic demands the City has. Councilmember Fazzino said he did not care for this recommendation; he thought it would be best to use the schools as forams for airing of traffic problems, since many of the City's traffic concerns were for the school children, and he thought it would be good for those who had specific traffic problems to come to the annual Policy and Procedures Committee meeting on the matter of traffic signs. Councilmember Brenner referred to Councilmember Fletcher's comment about a bicycle committee, of which Councilmember Fletcher was formerly a member, and the committee being held to working with staff and feeling pressure not to go directly to Council —that format, she thought, neutralized and dissipated the energy such committee work engendered. Council, in those cases, got a consensual summary from staff that did not quite capture the sense of the committee's deliberations. She wanted a traffic co.mittee to be formed consisting of 15 members, one each from business, industry, the school district, and one from various neighborhoods. The citizens' traffic report was to be due back to Council within one year from date of formation of the committee. A citizens' group, she thought, could start from the beginning with the question about whether or not a road in Palo Alto was to be selected as an extension for bridge traffic, rather than the end of the question, as it more often reached citizens, "which road in Palo Alto should be used." Citizens who were directly affected by traffic patterns should be working with those problems and reporting not only to staff but also to Council on their findings. 4/21/80 519 Robert Moss, 4010 0rme, recalled his work as member of a traffic committee regarding traffic in Barron Park several years ago where talks with staff had led to amelioration of problems aired by residents to staff. He said his experience had shown him staff help was necessary. He thought it would be difficult to get a city-wide committee together -- they had had a difficult time just in Barron Park. Mayor Henderson said he thought appointment of a city-wide committee would delay action on present traffic problems; people got emotional about traffic problems. He thought it best to have a professional staff looking at the traffic problems objectively and receiving citizen input, with Council making the decision. William Lefler, City Manager, added that staff had not appointed neighbor- hood traffic committees but it had gone to meet with neighborhood residents when there were traffic difficulties in the neighborhoods. Several such meetings were underway, implemented by Ted Noguchi, Director of Transpor- tation= -in that way staff received citizen input which continued beyond the time of the meeting. Councilmember Fletcher said she thought traffic was becoming increasingly important; she thought "traffic" should include "transportation," The Mayor of Mountain View had talked with her about that city's transportation committee, that had evolved from an unwieldy citizens' committee into a council committee that met once a month at 7:30 a.m. and discussed matters that otherwise might take up much council time. She thought the Policy and Procedures Committee might hold a meeting specifically on traffic and transportation to give citizens a forum to air their concerns. She thought, for example, that, had the issue of the Hamilton Avenue traffic barrier been discussed at the Policy and Procedures Committee level, it might not have taken an entire evening at Council meeting. Councilmember Eyerly said he was reluctant to have a committee to take up more staff time, and he doubted that there was a need for a traffic committee. He would vote "no," on the motion. Councilmember Brenner said that some committees were set up so that a Councilmember was one of the committee; she thought that since people who had traffic problems took a provincial point of view a committee might lessen that provincialism. It would help more people take a broader vi .a of traffic throughout the City. MOTION FAILED: The motion that Council appoint an ad hoc traffic committee to be composed of representatives from a variety of neighborhoods and also representatives from industry and commercial areas, to try to determine some optimum solutions or priorities for dealing with the various traffic demands in the City failed on the following vote: AYES: Brenner, Renzel NOES: Eyerly, Fazzino, Fletcher, Henderson, Levy, Sher, Witherspoon Councilor Fazzino, as chairman of the Policy and Procedures Committee said that he would withdraw one committee recommendation concerning ways of increasing Council commission public input on the issue of utilities. He did so with the concurrence of committee members. Roy Abrams, City Attorney, said that the recommendation could be withdrawn and a motion on it need not be made: any Councilmember could subsequently place the matter before Council if he or she so wished. 4/21/80 580 Councilmember Brenner said she thought the Utilities department had settled the question by giving Council a thorough briefing on detail of the Utilities Department; she would like to have that occur more often. Councilmember Renzel said that the motion, now withdrawn, had been a request to staff to point out possible ways of increasing public input in the matter of utilities; many decisions on utilities were made through the Capital Improvement Program (CIP) and did not have scrutiny regarding Corrected policy. She thought there should be more such scrutiny. Councilmember See ec. b4� Renzel added that she thought it was bad policy for a committee chairman See 80 to report a committee motion out. Councilmember Fazzino said he agreed with Councilmember Renzel; he had made the motion which he had withdrawn, at the Policy and Procedures Committee meeting, and sensed there was little support for it, Councilmember Eyerly invited Councilrnembers to attend the Finance and Public Works Coneittee meeting the following night about proposed capital improvements --the Utilities Department would have some of its items on the agenda. He thought that there had been virtually no public interest in the utilities matters for a long time. Councilmember Renzel said that for many years Utilities Department projects costing many thousands of dollars had shown up on the Capital Improvements Program, and there had been no examination of those items by the Policy and Procedures Committee. She said she observed that a Corrected $625,000 item would result in mercury and sodium vapor lighting, though See Pg.642 there was an established Council policy against it unless it was specifically 5/19/80 requested by neighborhoods. "If no one does anything about it it will become a policy by a budget action, so I do think that there is some need to provide better public access to policy decisions for the utilities," Vice Mayor Sher said that Ms. Renzel was referring to mercury and sodium- vapor lighting which had been proposed by staff but rejected by the staff screening committee as being contrary to Council policy, and therefore was not a proposal for Council consideration as had been noted in the memo of April 14, 1980. DRUG PARAPHERNALIA ORDINANCE Mayor Henderson said he had put the item on the agenda some months back because he had some concern about Palo Alto getting such displays as a result of their having been banned in nearby cities. Council had not done anything about the matter because there was some litigation underway and he thought the case had been settled granting the local jurisdiction the legal right to establish an ordinance. He had heard the case had since been appealed, he was re•J.. to -�,�__. .., but.�� ,sassy eo ahead with the -o"#'dli nC€ an,. ay --it could be held in abeyance if need be. Rita Lancefield, 189 Walter Hays Drive, said she spoke as the mother of two teenagers and as a representative of Parents Who Care, a growing grassroots group formed as an outgrowth of recent Parent -Teachers Associa- tion meetings held on the topic of drugs and alcoholism. There were about 300 ors in Palo Alto. The group was concerned about the growing recreational use of drugs and alcoholism among youth. She said a strong drug paraphernalia ordinance was needed to make it harder to obtain drug -use materials, to eliminate confusion as to community standards about drug use, and not to be the only city on the peninsula without such an ordinance. Her group asked that Council not act on the matter that evening but instead to reevaluate the proposed ordinance to make sure it would be constitutional. 4/21/80 581 Roy Abrams, City Attorney, said the ordinance Council had before it was basically the same ordinance on the natter that had been upheld in Mountain View. If Council wished he would review it further. Mayor Henderson noted the proposed ordinance went beyond the prohibition of sale to minors. Councilmember Fazzino said there was a problem with drug use in Palo Alto. He did like having an ordinance that had already been upheld. The City Attorney could analyze the federal model ordinance and Council could then review the merits of each. MOTION: Councilmember Fazzino introduced the following ordinance for first reading and, seconded by Henderson, moved its approval for first reading by Council, with the City Attorney to provide an analysis of the federal model for second reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 9.57 TO THE PALO ALTO MUNICIPAL CODE REGARDING DISPLAY AND SALES OF NARCOTICS PARAPHERNALIA TO MINORS Councilmember Levy recalled that staff had asked that Council take no action until an appellate court decision on AB244 had been made. How long would that take? Mr. Abrams said that could take up to a year. If A8244 became law it might go into effect January of 1981. Councilmember Witherspoon said that the City did not now have a problem related to sale of dreg paraphernalia, and also the City Attorney's staff was shorthanded. Since Council could enact an emergency ordinance when it wished she did not see why there was a rush to have the ordinance for first reading that evening. Mayor Henderson replied that, as with massage parlors, the longer the delay the more deeply entrenched they became. Ms. Lancefield said she knew of one shop in town that was selling drug paraphernalia at this time. Councilmember Levy read a letter written by Susan Clements, president of the Palo Alto PTA, saying the state PTA had passed a resolution against display of drug paraphernalia last May and neighboring communities had passed ordinances, and so there was fear that Palo Alto would become an "...island where such practices were legal.' She said that the PTA acknowledged that an ordinance would not take care of drug abuse problems and so the primary purpose of the PTA in Palo Alto during the 1980.1981 school year was to be a primary prevention program of drug education. Councilmember Levy said he had visited the store and seen the paraphernalia displayed in a somewhat separated area, with a sign saying "no minors." He had mot felt there was a problem at the present time though he thought one could well develop. He thought Council could wait for the passage of the state law, that probably would occur in two and one-half months. If it did not pass. then Palo Alto could take action. Councilor Fletcher said she had visited the store frequently and hard seen no minors; she did not think display of drug paraphernalia was a problem at this time, however, she favored passing the proposed ordinance for first reading. She ascertained that two weeks' staff time was needed to analyze the federal model ordinance. 4/21/80 582 Councilmember Renzel ascertained that Council could legally have a second reading of an ordinance after longer than a two-week period. She favored having the first reading, and Council could await the analysis of the federal model ordinance. If there were to be a sudden need with six votes the Council could pass an emergency ordinance. Vice Mayor Sher said he thought it was recognized that both drugs and drug paraphernalia were readily available in Palo Alto as they were elsewhere. He did not think Council should fool itself that enactment of an ordinance would remove that availability. He thought that by enactment of the ordinance Council was making a statement on its views on that availability. He thought that it was important to have Council remove confusion about the acceptability of drug use, by outlawing the display and sale of drug paraphernalia, and so he would support the ordinance for first reading. Mayor Henderson agreed with Vice Mayor Sher's statement. MOTION PASSED: Council approved for first reading the adoption of the ordinance outlawing display and sale of drug paraphernalia on the following vote: AYES: Brenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher ABSTAIN: Witherspoon RECESS Council recessed from 9:40 to 9:55 p.n. HISTORIC PRESERVATION ORDINANCE (CMR:206:0) Councilmember Brenner noted that the ordinance at places last week had not included the following statement that had been in the staff report of April 3, page 2, point 5: "A final section of the ordinance (16.49.0 ?0) adopts the State Historical Building Code. This will permit buildings to be restored to their original condition, rather than being forced to comply with the current building codes, while at the same time protecting health and safety. Adoption of the Code was not discussed by the Council in November but is consistent with the Comprehensive Plan's Urban Design Program 8 ("Develop an alternative building code for historic houses.")." She said that the above statement had constituted a reason for adopting thr ordinance. She asked why it had been omitted, and asked for assurance that it would soon be included, Ken Schreiber, Assistant Director of Planning and Community Development, said there had been a miscommunication: staff would review the document and bring it to Council along with the 1979E building code within six weeks or sooner. MOTION: Councilor Brenner introduced the following ordinance for second reading and, seconded by Witherspoon, moved its adoption by Council: ORDINANCE 3197 entitled "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 . " (First reading 4/7/80, passed 8.0, Fazzino absent) The motion passed on a unanimous vote. 4/21/80 583 MAYOR HENDERSON RE REPORT ON MUNICIPAL bat cA A William Zaner, City Manager, said that Larry Kramer, who had made an offer to contract for the coffee shop and dining facilities at the municipal golf course, had signed an agreement, terms of which were agreeable both to Mr. Kramer and the City, and the final contract would be signed soon. PALO ALTO AIRPORT --COUNTY OF SANTA CL ►RA RE UEST FOR APPROVAL G - DOWN AREA A iD WiDEti AXIid Y O:0) MOTION: Councilmember Witherspoon moved, seconded by Eyerly, that 1) Council approve the staff recommendations finding that the airport tie_ down and taxiway project will not have a significant impact on the environment, and approving the application; and 2) that Council set a policy that the number of permanent airplane tie -downs at the Palo Alto airport shall not exceed 510. Vice Mayor Sher recalled that there had been Council concern that adding additional tie -down space would lead to a new demand for a second runway and that concern had been communicated to the county supervisors. The supervisors had then directed the county staff to negotiate an amended lease which would delete the second runway. Vice Mayor Sher asked if that lease had been negotiated with the second runway deleted. Ken Schreiber, Assistant Director of Planning and Community Environment, said City and county staff had met several times to discuss the lease and related issues. A conclusion had been reached that an amended lease was tied to a county airport master plan. The county airport planning process had to be proceeded through; after that had been completed the question of the lease would be tackled. William Zaner, City Manager, said that one of the conditions the county had placed on its removal of the provision for the second runway was that Palo Alto was to assume all of the financial obligations that might fall to some of the public agencies should the second runway be deleted. Staff had met with the county airport staff and the Federal Airport Administration (FAA) to determine how much money that might cost the City. City staff hoped to get the FAA to reduce or eliminate any cost that might accrue because of removal of the second runway. Staff wanted to do that before it tried to amend the lease. Vice Mayor Sher said that both policy -making bodies that were parties to the lease had formally gone on record as wanting to amend the lease to delete the provision for the second runway with the understanding that conditions had changed since the lease had first been executed. He said he thought that the plan to check out first what county airport needs were indicated that no understanding against the second runway had been reached --the county could still conclude there was an urgent need for a second runway at the Palo Alto airport. Council's approval of the additional paving and space for more tie -downs might lead to that belief. He said that after both policy boards had decided the second runway should be deleted, the lease, with that stipulation, should le entered into. He did not want to risk having a different opinion develop because that might lead to further discussion and more lobbying to get the policy -raking boards to change their minds. He said that when FAA representatives had appeared at a Council meeting they had said FAA funds would not be put into a second. runway if one of the agencies, in this case the City of Palo Alto, objected to it. 4/21/80 584 AMENDMENT: Vice Mayor Sher moved, seconded by Brenner, that, added to point 1 of the main motion should be the words, "...subject to the condition that the airport lease be amended to delete the second runway before the approval of the lease by the City shall become effective." Vice Mayor Sher ascertained with Roy Abrams, City Attorney, that the lease could be amended in quite a short time if both parties were in agreement. Mr. later said he wanted Council to understand that staff intended to see that the lease did get amended; staff's thinking was that the county's leverage with the FAA could relieve the City of financial costs later on, which could be substantial. Vice Mayor Sher asked Mr. Zaner ifhis proposed amendment would affect that leverage --it seemed reasonable to go forward with what both boards had agreed upon and would not affect negotiations with the FAA. Mr. Zaner said the county was now an ally with the FAA, and he hoped that lasted. Counci l member Fletcher said she had a ttende<i the public workshop held in April by a consultant retained for developing airport plans. At that time she had heard there was considerable congestion in the air so that delayed landings added to dangers to planes in the air. Delayed landings wasted fuel and increased air pollution, and she thought theconsultant would emphasize that in formulating plans for the airport and she thought airport plans would call for a second runway. If; as a result of the consultant's statements, it was decided that there was no question that Palo Alto needed a second runway, what would happen then? Was the City obligated to goalong with that? Ken Schreiber replied that the City was not under an obligation to go along with that. The county staff was looking for an alternative to the second runway, but the City did not have to augment the plan. Councilm ember Fletcher said the county plan would become part of the regional plan under the Metropolitan Transportation Commission (MTC), that was the real governing body in channeling the funds through. She thought that by approving the plan for adding more tie -down space the City was increasing the pressure for a second runway. Cauncilmember Fletcher noted that a statement in the letter from the County had said that some flights would be moved to less congested times, which were from 6 to 7 a.m. Those planes, she said, flew over the Cubberley area, and also a resident on Santa Rita Avenue said that at that time planes came full -throttle over California Avenue at 6:30 a.m.; she said the fact that there was congestion did impact the community. She thought the pressure for a second runway would increase if the City permitted additional tie -down area; she was opposed to it. Council r Renzel noted that the lighting which the county had wanted for the airport had been deleted because of costs; she wanted to make sure that the proposed lighting had in fact been deleted, and, should it be reinstated, approval by Council would be required. Ken Schreiber said the lighting had been deleted from the project; it would have to return to the City for approval if it were reinstated. Councilmember Renzel asked about the negotiations for the third fixed - base operation (F80) that had been planned. 4/21/80 585 Mr. Schreiber said that when the airport item was on the agenda in September 1979 meeting Mr. Graebner, transportation agency director, had indicated that he was receptive to putting a lid on the number of tie - downs. That would let the county know that the City was not interested in reviewing the third FBO, and staff understood that the county was not moving toward that. FBO's provided sales, service, and rental of hangar space. Councilmember Renzel recalled that the adoption of a park dedication ordinance back in 1968 led to revision of the airport master plan, and at that time the City's review and environmental impact procedures were different. That difference had been brought home to her when she toured the control tow¢r a few days ago and noted all the paving and lack of landscaping around the airport. There was opportunity for improvement at the corner where the third FBO location had been proposed, though she knew tall trees would not be suitable. She thought it would be good if Council were mindful of that since if the motion passed seven more acres would be paved over. Councilmember Witherspoon suggested incorporating the proposed amendment with her motion for voting purposes. Mayor Henderson agreed, as did the second to the main motion, Councilmember Eyerly. !'WIN MOTION AS AMENDED PASSED: The main motion, that Council approve staff recommendations 1) find that the airport tie -down and taxiway project will not have a significant impact on the environment, and approving the application subject to the condition that the airport lease be amended to delete the second runway before the approval of the lease by the City shall becoee effective, and 2) that Council set a policy that the number of permanent airplane tie -downs at Palo Alto airport shall not exceed 510, passed on the following vote: AYES: Brenner, Eyerly, Fazzino, Henderson, Levy, Sher, Witherspoon NOES: Fletcher ABSTAIN: Renzel COUMCILMEMBER LEVY RE TIME SCHEDULE Councilmember Levy said he had become concerned about whether or not the Palo Alto Unified School District (PAUSD) was not going to sell or lease any of its propertiet ::aril after the November election. if PAUSD was going to move earlier he thought it would be good if the City foraally requested assurance from the school district that it would not do so until after the election. William finer, City Manager, said that the first order of business was to establish a timetable. Staff was sending its timetable to PAUSD and asking them to review it and return to the City; if there appeared to be a problem staff would return to Council with it. Staff was aware that the timetable was crucial. A 3RI IiT TO EXECUTIVE SESSIO Council adjourned to executive session re litigation at 10:25 p.m. 4/21/80 585 ADJOURNMENT IN MEMORY OF CRES V. EYERLY MOTION: Mayer Henderson moved, seconded by Levy, that Council adjourn in memory of Cres V. Eyerly. The motion passed on a unanimous vote. The Council meeting and executive session was adjourned at 11:25 p.m. AFFIRM. APPROVE: Ciaerk/l Mayor 11 4/21/80 587