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HomeMy WebLinkAbout1980-11-17 City Council Summary Minutesp 1 CITY COUNCIL MINUTES CITY r V C` PALO ALTO Regular Meeting Monday, November 17, 1980 ITEM PAGE Ural Communications 4 4 0 Consent Calendar Ordinance re Historic Preservation 4 4 1 Revision of the Urban Service Boundary 4 4 1 Ordinance Adopting State of California Historical Building Code 4 4 1 727/744 Ramona Street - Final Subdivision Map 4 4 1 3500 Deer Creek Road - Application for Site and Design Review - Ehrlich-Rominger Architects 4 4 1 1860 Ernbarcadero Road = Application for Side and Design Review - John Law, Law/Woodson/Barksdale 4 4 1 250E Faber Place - Request for Extension on Filing Parcel Map - J. A. Reschenmacher, Inc. 4 4 2 Public Hearing - Property Adjacent to 1405 Hopkins Avenue Proposed Comprehensive Plan Change 4 4 2 Public Hearing - Property Adjacent to 1405 Hopkins - Change of District from P -F to R-1 4 4 3 3457 El Camino Real -Application for Exception from Non,. Conforming Use Termination Provisions -Anton ffi Doris Lappe 4 4 3 4131 El Camino Real - Application for Exception from Non - Conforming Use Termination Provisions -Janet A. Thain 4 4 9 Ordinance re Order of City Council Business 4 5 2 Request of Councilmember Fletcher Re Referral of Downtown Management Parking Plan 4 5 5 Request of Councilmembers Renzel and Witherspoon re Referral of Emergency Animal Shelter Procedure 4 5 5 Mayor Henderson re Council Appointment 4 5 5 Mayor Henderson re Vice -Mayor Sher's Last Meeting 4 5 6 Adjournment 4 5 6 Regular Meeting November 17 1980 The City Council of the City of Palo Alto met on this date at 7:15 p.m. in a Special Meeting to interview candidates for the Human Relations Commission, in the Council Conference Room, and in a Regular Meeting, in the Councilchambers at City Hall, 250 Hamilton Avenue, at 8:00 p.m., Mayor Henderson presiding. PRESENT: Eyerly, Fazzino, Fletcher, Henderson;, Levy, Renzel, Sher (arrived 8115 p.m.) , Witherspoon ABSENT: Brenner ORAL COMMUNICATIONS 1. Robert Beattie, 2944 Alexis Drive, presented a rebuttal to an opinion stated by a member of the public, at the Council Meeting of November 10th, that there was nothing the Council could do to materially affect the supply of housing in Palo Alto. He felt, on the contrary, there was much the Council could do, such as removing restrictions on high-rise construction, reducing restrictions on set -backs, and eliminating the requirement for two off-street parking spots for every unit constructed. He also had some suggYstions for adding to the rental housing stock in Palo Alto, such as: (1) refraining from vr;acting ordinances that were onerous to existing or prospective investors in rental housing, and (2) enacting ordinances providing guaran- ozes allaying landlords' fears of rent control or other such cor:straints. He closed by cautioning Council that some choice must be made between 'q,.Al i ty of life" and affordable housing in Palo Alto. CONSENT CALENDAR Mayor Henderson regaested that the matter concerning the application of Anton and Doris Lappe re nonconforming use exception h¢ removed, at the request of members of the publ i c Mayor Henderson requested that the matter concerning the order of City Council business be removed. Counci lmember Renee' asked that the .record show, her as Wang "no` on the matter concerning request for time extensioe on filing Parcel Map at 2500 Faber Place. Counci lmeaber Fazzino asked that the record show him as . abstei n- ingon the utter concerning request for Site and Design Review of 3500 Deer Creek Road, due to passible conflict of interest. The following items remained an the Consent Calendar. Referral Items None. 4 4 0 11/17/B0 Action Items ORDINANCE RE HISTORIC PRESERVATION ORDINANCE 3243 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 16.49 AND SECTION 16.48.070 OF THE PALO ALTO MUNICIPAL CODE REGARDING HISTORIC PRESERVATION" (1st Reading ll/3/80) REVISION OF THE URBAN SERVICE Staff recommends that Council adopt the following . resolution: RESOLUTION 5852 entitled ''RESOLUTION OF THE en -4F THE CITY OF PALO ALTO MAKING FiPPLICATIOM TO LOCAL AGENCY FORMATION COMMISSION (LAFCO) REGARDING AN AMENDMENT TO THE URBAN SERVICE AREA OF rHE CITY TO INCLUDE PROPERTY ON THE CAMPUS OF STANFORD UNIVERSITY." ORDINANCE ADOPTING STATE OF CALIFORNIA Vgla LAL 1L1� 3'l4ti i.U E i,l9K:SU.f:'�� Staff and the Historic Resources Board unanimously recommend approval of the following ordinance for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTIONS 16.04.450 AND 16.04.460 TO THE PALO ALTO MUNICI- PAL CODE ADOPTING THE STATE HISTORICAL BUILDING CODE 444414444144444 Staff recommends that the City Council approve the final map for 727/744 Ramona Street. 3500 DEER CREEK ROAD AND DESIGN REVIEW The Planning Commission and the Architectural Review Board unanimously recammeed approval of the application of Ehrlich- R©singer Architects -for Site and Design Review for property located at 3Op Deer Creek Road. 1860 EMBA.RCADERO ROAD lyr iv "i 1� AND DESIGN REVIEW 08:0) Staff recommends that that City Council uphold the unanimous recommendation of approval by the Planning Commission and the Architectural Review Board of the application of John Law, Law/Woodson/ Barkdala for Site and Design Review for property located at 1860 Embarcadero Road. 4 4 1 11/17/80 8 2500 FAVR PLACE pail" TT,rt EXTENSION ON J.A. RESC MA n 'R. INC. The 'Planning Commission unanimously recommends approval of the application of J. A. Reschenmacher, Inc., for a one-year exten- sion of date for filing Parcel Map at 2500 Faber Place. MOTION: Councilmember Fletcher moved, seconded by Fazzino, approval of the Consent Calendar as amended. MOTION PASSED: The motion passed on a unanimous vote, Brenner and Sher absent, Councilmember Renzel voting "no" on the item concerning request by J.A. Reschenmacher, Inc., for extension on filing parcel map. Councilmember Witherspoon abstained on item concerningrevision of urban service boundary and the ordinance adopting the state tai stori cal building code. Counc :1 member Fazzino abstained on item concerning application by EhrlicheRominger Architects for Site and Design Review of 3500 Deer Creek Road.` PUBLIC HEARING: isTtrPrirrrrinrtaNT TO 1405 HOPKINS AVENUE The Planning Commission unanimously recommends approval of a change of Comprehensive Plan Land Use Map designation from Public Park to Single Family Residential for property located adjacent to 1405- Hopkins. Mayor Henderson opened the Public Hearing. As no member of the public wished to speak on this matter, Mayor Henderson declared the Public Hearing closed. Councilmember Witherspoon asked if there was any formula being used to determine the price of the parcel. Planning Commission Secretary Ken Schreiber responded that he believed the estimated value was in the range of $3500, and this had been agreed to by the owner of 1405 Hopkins. Councilmember I#i therspoon asked if her understanding was correct in that the area had been rezoned to prevent a new owner from subdividing the lot, based on the new square footage. She was assured by Mr. Schreiber that sloe was correct. Councilmember Rentel wished to check .at the request of a tennis player, that none of. the property was required for tennis courts. Mr. Schreiber affirmed that.the tennis court plans had been fully implemented. MOTION: .Mayor .Henderson madea motion, duly seconded, that Council approve Planning Commission recommendation for adoption of the following resolution; RESOLUTION. 58530 entitled `RESOLUTION OF _ THE C NCIL OF THE CITY OF PALO ALTO AMENDING THE PALO ALTO COMPREHEN- SIVE PLAN FOR THE DEVELOPMENT OF THE CITY OF PALO ALTO REGARDING A PORTION. OF PARK ADJACENT TO 1405 HOPKINS AVENUE.' Vice -Mayor Sher arrived at 8:15 p.m. 44.2 -11117/16 PUBLIC H€ARING: VRUVERT"f ADJAUrNT TO 1405 HOPKINS The Planning Commission unanimously recommends approval of a change of district of propel y located adjacent to 1405 Hopkins Avenue from P -F (Public Facility) to R-1 (Single Family Resi- dential). Mayor Henderson opened the Public Hearigig. There being no member of the public wishing to speak on this matter, Mayor Henderson declared the Public Hearing closed. MOTION: Councilrnamber Witherspoon moved, seconded by Fazzino, that Council approve the following ordinance for first reading. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZON- ING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY ADJACENT TO 1405 HOPKINS AVENUE FROM P -F TO R-1 MOTION PASSED: The motion passed on a unanimous vote, Brenner absent. 3457 EL CAMINO REAL .grnwreIgnwarisirrMEPTION FROM NON - S The Planning Commission unanimously recommends denial of the application of Anton and Doris Lappe for property located at 3457 El CAmino Real for an exception from the nonconforming use termination provisions. Janet Rulifson, 3785 El Centro, supported Mir. Lappe's request for an• extension, because she believed he represented a standard of business practice which must be retained and nurtured in Palo Alto. He wet widely known as being honest, straightforward, polite, and cooperative in his business dealings. She pointed but the unique appearance of the garages exceptionally clean and with no garish advertisements. She begged Council to find a way for this eodel Palo Alto businessman to continue to maintain and conduct his very suecessfui business. Riefn trd itharibian,.3906. Laguna Avenue, is` a graphic designer. He tho'lght Anton Lappe' s place of business was a good example of aesthetics, fitting in well with the buildings elong E1;Caaino. He supported Mrs. Rul i fsen' s statement about the unusual clean- liness of the property. Jeff Rulifson, 3785 El Centro, _lived in Barron Park for nine hears, has known Mr. Lappe for six years. He was very concerned with Mrs Lappe`s predicament, and would hate to -see such an outstanding businessman being forced to _leave the area. Mr. Rul i miss discovered, upon querying six of the twelve Baron Park Board members, that no one had actually investigated the business. He was informed that °e principle of non-commercial zoning eras involved. He could not back this position, and was cOnvinted that:an exception should be made for a business so far superior, to any of the surrounding enterprises. 4 4 3 11/17/0, i Stephen Gazzeu , Jr., Attorney, 1134 El Camino West? Mountain View, was there on behalf of Anton Lappe, who had some language limitations. He agreed with the description of Me. Lappe given by the other speakers as an unusual person of great integrity, who had been in business at that particular location since 1968. If forced out of business r+ow, there is little prospect of his being able to relocate ;n the community. Mr. Gazzera urged the Council to give grave consideration 1.o the outstanding :canner with which Sr. Lappe maintained his staff and premises. !Here Mr. Gazzera circulated some photographs of the premises to the Council.) He then referred to the staff report of December 7, 1978, and report by Principal Planner George Zimmerman dated December 24, 1980, stating that "..continuation of this use at this site (Mr. Lappe's) would be`compatible with adjacent conforming uses in terms of moderate noise levels it generates..." He urged that the Council at least await the. outcome of a similar matter being given further consideration by the City Planning Commission, so that Mr. Lappe might be afforded the same consideration given another property owner • in a like circumstance with almost an idential usage. Councilmember Witherspoon affirmed from Mr. Gazzera that Mr, Lappe was the owner of the property. As her understanding in the matter referred to by Mr. Gazzera was that the Planning Commission had extended the +993'deadline, she asked him what year he felt was suitable in Mr. Lappe's case. Mr. Gazzera hoped that Ear. Lappe would be afforded no less a period of time than the other property owner, which he believed was approximately a ten year period. Kurt A. Lindsay, 323 Oxford, introduced Mr. Lappe and expressed his appreciation of being able to eddress the City Council on behalf of Anton and Doris Lappe's request for an exception from the nonconforming use termination provisions on his property. He was critically aware of the need for comprehensive planning relating to auto service businesses; it was this concern for neighborhoods which prompted him to speak on behalf of Continental Car Service. He added his support to former statements regarding the uncommon cleanliness and order of that business, with no cars being left outside the buil=iiag, etc, describing Nr. Lappe as a master craftsman, running' the type of top -grade business needed on El Camino. He requested that the LapFes be allowed to continue in their present location indefinitely. Bob Most, 4010 Orme, speaking for Sam Sparck, Chairman of the Barron Park Association, requested the Council to continue this item to allow the Barin'Park Association Board to reconvene with a full complement of members to readdress the problem. In the event the Council did out wish to postpone the matter, he wanted to make some personal comments: When the Neighborhood Comer- slat Zone wad.'. established, it was decided that that 'autototive uses were a Ong those businesses that should'not be classified as net ghborjood/ commerci a1, becaos;e of adding to visual and traffic poll;etion. There was, however, general agreement that exceptions cOld be made of 'specific tenants who were deemed - 'not incompatibles* - That difficulty was with giving exception to a specific tenant withoilt /riving exception to the property. The extension would be given not tot llr. Lappe, but to: the, site. His suggestion was to first continue the item for further discussion or if not possible, consideration be given to allowing a coortinvance oftbe use for the particular operater only (Nr Lappe).; to be termfhated in the case. of any future tenante.- 4 4 4 114!7/$0 Counci lmerber- Levy asked Mr. Moss what length of time would be necessary for polling the members of the Barron Park Neighbor- hood Association. Mr. Moss' response was about two weeks. Denny Petrosian, 443 Ventura Avenue, reviewed the history of the Comprehensive Plan, stating that the reason they fought for the neighborhood/commercial zone was to try to confine auto repair to an appropriate commercial/service area, as their neighborhood was in danger of becoming a slum -like auto row. She felt that the item under discussion was a test of the development of the neighborhood/commercial zone, the intention of which was to ultimately phase out auto repair use, and that action had to be taken to keep faith with that intention. She felt no concern about Mr.. Lappe's business, but with the possible future opera- tors. She felt strongly that discussion shouldbe of the public good, not of personalities, and there was no justification for the requested exception. David sleong, 4056 Park Boulevard, past President of the Ventura lei sihbort o4d Association, pointed out that their neighborhood had been designated as neighborhood/commercial by the Comprehen- sioe General Plan, the basic concept being that the businesses allowed should be close together to generate pedestrian traffic. He urged the Council to stand by the Comprehensive Plan, which he felt was slowly being eroded. John Miller, 3;36 Cass Way, said it was difficult to disagree with the arguments for or against Mr, Lappe. Karrie Litd5ay, 323 Oxford, said that, as comprehensive as a Plan may be, there will always be applications for exceptions. The Council had an opportunity to set a high standard for future tests of the Comprehensive Plan. Mayor Henderson commented that the Planning Commission's agenda for that week ;ncluded three items involving auto uses, pad siny one, rejecting one, and continuing one. He felt this indicated a lack of consistency in applying the Comprehensive General Plan. His concern vas that they might take different actions on similar items, and wished to discuss that aspect before taking any ,acts on. There were two under discussion, one being under continuance at the Planning,Co*eissinn. Councilsember Witherspoon shared Mayor Henderson's concern, and was studying Mr; Lappe's application with the next item in mind. She thought each of the properties should be given individual consideration4 She asked City Attorney Abrams if she was correct .in believing that the Council could not, under their ordinance, make an exception going ,along with the use. In other words, the exception gges with the property. But she wondered whether an exception given to a property could be later with- drawn for cruse. City Attorney Abrams affirmed: that the granting of the exception dces 'ren with the property; it cannotbe made attributable solely to an individual. The Council may, of course, establish standards describing their concept of compatibility, basing them on the specific use being made of the property by a particular i nei vi dva . However, any subsequent purchaser of the property meeting those standards, mule also be entitled to the excep- tion. Ccunc i 1msmber Witherspoon confirmed her impression that Council could set conditions an en exception, and also terminate .that 4 4 5 1u/"l/8O exception for cause if subsequent tenants do not live up to those conditicns. Quoting Mr. Zimmerman from the Minutes of the Planning Committee Meeting of September 24, 1980, Page 31, "...The Commission (Council) must find the use compatible with surrounding uses that are consistent with the Comprehensive Plan," she asked if that essentially described the finding the Council had to make. Mr. Zimmerman answered in the affirmative. Councilmember Witherspoon then asked if she was correct in assuming that Council did not necessarily have to take into consideration some of the other concerns expressed by the neighbors regarding upholding the Comprehensive General Plan. Mr. Zimmerman replied that Council did not have to make a speci- fic finding in that regard, but each councilmember needed to evaluate the General Plan as applying to that area and make a determination as to its compatibility. Councilmember Renzel had served on the Planning Commissioe when different portions of El Camino were redesignated for residen- tial, for neighborhoodlco smerciel, and some properties left at service/commercial. At that time there was great concern expressed by the neighbors on both sides of El Camino that sections of El Camino reflect the fact that these neighborhoods were immediately behind them. There was a great desire to break up the "strip' appearance 'sf El Camino. One practical consid- eration is that the various types of stop and start drive-in businesses now located on that street tend to interrupt the present very heavy traffic flow. The Planning Commission also tried to locate the neighborhood commercials and residential sections in between, so as to create a break in the strip' appearance on both sides of the street. She felt that they should focus on the long-term hope fo • that area; changes could not be accomplished overnight. If, however, exceptions are granted to every application, they would not see any changes. She acknowledged that Mr. Lappe's was an exemplary automobile service operation, but it had been made clear that the exception would go with the use of the land; it was not for an individual operator. She would therefore move that Council uphold the Planning Commission's recommendation of denial and continue to uphold the redesignation of that land use. MOTION: Councilmember Renzel moved, seconded by Fletcher, to uphold the Planning Commission's recommendation and deny the application for exception from the nonconforming use termination provisions of Anton and Doris Lappe for property located at 3457 El Camino Real. Councilmember Eberly asked staff if any more applications for exception had been submitted to the Planning Commission besides the three already filed, and if there was a deadline - for filing such applications. Kr. Zimmerman replied that.a total of four applications had been submitted - the three svow in process and one which had already been processed. Regarding the deadline for filing suc9t applications, , that hes :already passed for most auto service uses. There: were about ten nonconforming uses, not auto services, which could submit applications in the next year and a half, but for the most "part most uses are now cut off Caunci leember €yerly reminded staff and Council that he had expressed grave doubts that theneighborhood/commercial zone would work for that area when it was approved fifer years: ago, considering that the drawing area for retail.stores is really cut off and not too large. In his view, it is a rather large 4 4 6 11/17/80 rather large area to be zoned neighborhood/commercial. But he had concurred because cf the strong expression of preference by the neighbors, and because staff had supported the theory. He wondered, after four year,, whether this was a viable zone - had the staff taken any inventory of changes in leases, vacancies, turnover, etc. He felt this information was important for making a viable decision. Assistant Director of Planning, Ken Schreiber, answered that staff had not surveyed the number of changes, since the neighborhood/ commercial Comprehensive Plan change was actually implemented in August of 1978,, and two years was not really long enough for an accurate reflection of the impact of the new zone. He was not aware of any unusual number of vacancies along El Camino, but they did not have any data on use turnover. In his opinion, at least four or five years was necessary for a fair assessment. Councilaiember Eyerly then asked if staff would be automatically compiling this data, so that the information would be available for a probable future revision of the Comprehensive General Plan, or whether it was necessary for Council to assign a survey. Mr. Schreiber answered that staff had not been compiling this data, but he considered this a good suggestion A Council directive was not necessary, Councilmernber° Eyerly asked what action could be taken to shorten the zoning area or rezone for any future revision of the Comprehensive Plan, if a survey should reveal that the neighbor- hood/commercial zoning had been unsuccessful for that area. Mr. Schreiber said the process would entail an amendment to the Comprehensive Plan, followed by an amendment to the zoning ordinance to change the permitted uses. This would take about three or four months. Councilmearber Eyerly was concerned about the lack of discussion by the new:Plarying Commi sioners on this item and the Thain property (next item). It died not appear to him that the issue had been properly explored. He recalled that it was several years ago that the Comprehensive Plan was accepted, and the neighborhood/coraeerci el Pone was designated for that area. There were quite a few businesses in that area which had not applied for exception and were going to be amortized out. It seemed quite unfair to them to change the course of action now, in granting any requests for exception. He did not feel that this neighborhood/commercial zone was necessarily right or would prove successful overthe long haul in that area, but there were probably ether remedies available in the future, before any enterprises were amortized, as long as the staff took the initiative, or were given an assignment. to compile statistics for study by' the Council at some later date. For the present, he would support the motion on the floor. Councilbember Fletcher recognized that there were hardships in individual cases involved with atey rezoning. Unfortunately, zoning ordinances and comprehensive plans cannot legislate for individuals who may _ be eh exception to the rule. The decision was made overall when the Comprehensive Plan was changed to prohibit automotive use in t4at area. She could see no reason or Justification formaking an exception, unless a blanket +exception.ow, made for ell theother automotive uses which !fished to remain. She would therefore vote for upholding the Planning Commission's recommendation .for denial. Councilmember Witherspoon found it interesting, that she had come to a different conclusion for some of thy: same reasons mentioned by Councilmembers Eyerly and Renzel. She probably took a longer range view, because she believed the neighborhood would become, in essense, the type desired by the residents, in about fifteen years' time. She could not agree with ►Coencilrnernber Renzel's contention that all, or none, of the automotive uses should be excepted. She suspected that the fourapplicants for exception believed their cases were justifiable. The twt, under discussion were very successful businesses, supported by their clients, and even by their neighbors. As a City Councilmember, interested in Palo Alto's tax base, she did not want to put successful businessmen out of business. She did not mind giving them an extra ten years, because eventually that property will revert to what was desired by theneighbors and the Comprehensive Plan. In the meantime, however, a successful business was located there. The possibility of inferior concerns being able to buy into the area in the future was a legitimate concern.- She noted that one of the applicants for exception had helped the staff write a description of the exact conditions for applying for exception. She wondered whether this had been accomplished, as these were all rather similar, "estricti ve businesses. Mr. Zimmerman replied that some suggested conditions had been submitted in their discussions with both the Attorney's Office and the owner of the auto use to be considered later in the week. However, they could not be as restrictive as desired by the Commission and/or the owner; they could not say, for exam- ple, that ...the exception shall be granted just for servicing and sales of a specific make of car," Certain conditions could be established such as they were suggesting, if the Commission wished to grant an exception for a specific period of time for just one auto use, in reference to hours of operation, prohibit- ing sale of gasoline or other types of petroleum products, prohibiting the use of spray paint, etc., but it would not be possible to be as restrictive as the owner or the Commission wished - i.e, restricting the auto use to one type of car. Councilmember Witherspoon asked if some wording had been devel- oped that might be acceptable to the Planning Commission. Mr. Zim"erman replied that some wording had been developed, but he Was not sure of its acceptability: Councilmember Witherspoon asked if it would not be possible. Nrt.- Schreiber wished it noted here that, though the Planning Commission had requested staff to submit more information on one of the °items, thisdid not mean there was a change in the staff recommendation. That recommendation on all these items was for denials, on the basis of the Comprehensive Plan. Councilmember Witherspoon said she was also concerned with consistency, but she was becoming consistent in-leaning_ toward more leniency than recommended by .= the staff. Because of her viewpoint, she would, if she could find a second, move for a continuance of this - item so that :the three apps i cat Ions for auto use exceptions could be considered together at a future, date. This motion failed due to lack of : a seconds Mayor Henderson said he personall ► found it very difficult to set a termination data on Mr. Lappe's business, because of Mr. Lappe. However, he had been :inuolved in the long deliberations an. the Comprehensive plan, and in the decision en the net ghbarbood/commerciel zone. He Jett el t an obligation to move in that direction. The decision was made .despite the knowledge that 4 4 t3 11/17/80 there would be problems and special situations, and he felt they had to be consistent. He certainly hoped that within the 13 -year period, Mr. Lappe would be able to relocate within Palo Alto, because they would really hate to lose him and the special care he had brought to his business and to Palo Alto. Counci laaember Fazzino agreed with Mayor Henderson, and said he was frustrated because, present company excepted, they had not really had a consistent approach from the Planning Commission on this issue. It appeared that each case had been handled accord- ing to the number and intensity of appeals by neighbors or customers. He felt ,there was some point where the Commission, Staff, and Council had to take a consistent approach and adopt a consistent philosophy with respect to the issue of El Camino. On the other hand, he did not think,t?ey were obligated to adhere constantly to thk Comprehensive Plan, in the letter and spirit of the law, if there were extenuating circumstances. It must be kept in mind that laws are enacted to serve' people, not the contrary. They had before them a very popular and success- ful business person for whom in his heart he wanted to support a continuance'beydnd the 13 years, but he thought this would create tremendous problems for them in terms of precedence. Many years will be required to change the character of El Camino Real. On a practical basis, the termination period was not just one or two years,, but 13 years, which he felt was enough time for Mr. Lappe to operate his business and possibly to relocate. There- fore, with a great deal of reservation, Councilme!rber Fazzino would support the motion for denial. At the same time, he cautioned that they must all be consistent and adhere to this philosophy in other such cases. MOTION PASSED The motion to deny the application of Anton and Doris Lappe for exception from the nonconforming use termination provisions passed on the following vote. AYES: Eyerly, Fazzino, Fletcher, Henderson, Levy, Rcnzel, Sher HOES: Witherspoon ABSENT: 3reener NOTION: CouhcI1 er Eyerly moved, seconded by Witherspoon,` that the item regarding the application of Janet A. Thain for an exception from the nonconforming use termination provisions, be brought forward for consideration betoee the item regarding the order of City Council business. MOTION PASSED: The motion passed on a unanimous vote, Council- member Bremner absent. rthe Planning Commission ur teimousiy recommends approval of the application of ,Janet A. Th fh for property located at 4t31 El Camino, Real for an exception from the no, con€or al ng use : terri ne- tion provisions. Mayor Henderson asked Planning Commissioner Frederic P. Nichols 1f there were any comments' justifying the differing recommenda- tion for this item. 4 d ii'. 11,174 1 1 1 Mr. Nichols replied that the feeling of the Planning Commission on this item was, as described by Councilmember Witherspoon, that the long-term result would loan toward the intent of the Comprfhenslve Plan. The short-term cause was to defend a successful business. There was a different feature about this business site, making it a difficult location for other uses. Also, they had received no input from neighbors claiming the use was inappropriate. Concluding that a new use would evolve in conformance with the Comprehensive Plan over a length'of time, because the value of the property would be much more valuable as neighborhood/commercial, the Planning Commission therefore decided to allow continuance for a'somewhat longer period of time. Mayor Henderson ' added that a letter had since been received from the Barron Park Association, which opposes cont i neat1 on. Bill Lyon, .295 W. Charleston Road, said he did not think the Super Auto Sales was' an active besinessZ In his .opinion it was just an eyesore and the property.should be put to a better use. Or. Herbert P. Zeman, 464 W. Charleston Road, Chairman of the Charleston Meadows Neighborhood Association, said the property had been discussed at length at a meeting of about 20 members of the association. The unanimous'declsiun was that this request for extensions should be denied, because the location could be put to such be#ter use. He disagreed with the Planning Comm'is- sion's opinion that the property was too narrow for anything else, pointing out that a restaurant was located on a much narrower lot on the corner, There was room for a business plus a reasonable amount of parking. He supported Mr. Lyon's assertion that the Super Auto Sales was neither an active nor a viable business, exactly the opposite of the last business voted on (Mr. Lappej. Eugene N. haze, 4231 El Camino, Super Auto Sales, said they had been in that location for 25 years, doing an auto business in leasing, renting, and a great deal of wholesale. He explained the reason for the present lack of activity as the onavailebil- ity of the desired type of automobiles. They stocked a few collectors' items. He felt there was a great -deal of use for cat lots and automobile agencies up and down the streets They. were the oldest, and he did not understand why they could not continue. _ Janet A. Thain, 4144 Thain Way, had :appealed' to ;the Planning Commission for. se exception for" eer property frost'the non- conforming use termination. The*Planning Commission had unanimoutiy granted this request, and she wen now appealing to the Council. Super Auto Sales wet a trio -generation family operation, She could vouch for ;the family as being outstanding and highly ethical. Mr. Haze was certainly an outstanding businessman, with high standards and operating ;a :neat, clean lot. The enterprise w S a very quiet operation, closed at night, without much activity even during-tke day. During`the many years of operatiooa, not one neighbor complained about any aspect of the business; on the coetrary they had been welcomed as neighbors Their request for continuance had been endersed in writing by neighbors. She asserted the property was suitable only for its present use, being iosated between two very busy thoroughfare! - El Camino R3a1 send E1 Camino Way. They were l oceted . very ' close to a commercial none and several car -oriented businesses, and it sealed to her discriminatory and unfair to zone her parcel (unsuitably) neighborhood/commercial'. Leslie Hobson, 4143 El Camino Way, was located directly across the street from the Super Auto Sales. He had never found the Super Auto Sales to be unsightly, it was a low-key operation, without much activity or traffic, contrary to what would be the case if a restaurant Jere located there. Miss Thain had already listed mater of his reasons 1 n support of the application, but he had one uuestion. He could not see why it was not possible for the City to enter into some kind of agreement with the Hazes and Miss lhain, limiting the use of the property to only the Haze Family. Therewould then be no risk of any authorized use passing to a future purchaser. Bob Moss, 4010 nrme, recalled the reasons given four years ago for designating the neighborhood/commercial zone. He quoted from an article dated May 10, 1978, by Kathy Castillo, about the *King's Way* having lost its glamour, and from the Tien Tribune of November 14, 1980, about the "slick new look" of El Camino Real. He also quoted from Minutes of the Planning Co i s's i on Meeting of February 4, 1976, and from Minutes of the City Council Meeting of September 27, 1916. The various uses on El Camino were reviewed in the 'El Camino Study," and two staff reports, dated February andliarch of 1977, with conclusions that used car lots were incompatible and created.adverse impact on surrounding area. As a result of general agreement among neighbors, property owners, Planning Commission, that area was designated neighborhood/commercial on ttie rezoning map. He was therefore appalled at the Planning Commission's unanimous vote to extend use. Mr. Moss then gave a list of corrections which he felt should be made to the Compatibility Check List attached to the Planning Commission Report, essentially tightening up the con1 i t i ons for compatibility. hilly Davis, 344 Tennessee Lane, said she felt El Casino Way has it potential for being an attractive neighborhood/commercial area. Retaining automotive uses would make it difficult for neighborhood -type businesses to locate in the area, and would be losing the focus of the goal of updating El Camino. She then quoted . f roar the Comprehensive Plan, under 'E1 Camino Real,' labeling someareasof El Camino as 'visual chaos.' Some other uses suggested for the property now occupied by the Super Auto Sales were a bakery, restaurant or fruit and vegetable stand. She hoped the -Council would deny this application for exten- tion. c Denny Petrpsian,F 433 Ventura Avesue, said the comments she had made earlier about the application by Anton and Loris Lappe were applicable to this item as well. She hoped Council realized. however, the property was located on a huge lot, which contrib- utes a great deaf to the entire tone of El Camino Way. In her opinion, an apartment building or a willage shopping teeter could be the center of a new look to the: area. She then quoted from an article from the Peninsula Times Tribune about the actions taken by Palo Alto to date to beautify El Camino Real. She felt compelled to state that no one personally liked to be the cause of inconvenience to anyone. Couacl heather Fletcher stated she had no problem making a deci- sion on this issue, because'the area under discussion was a unique little section withie Itself., seeing /A great deal of activity. The ierge lot could be put to ru414 more intensive use fir those passing through the neighborhood. ` . She did not feel the present auto use appropriate to the area, and thought there was greet potential for a nice neighborhood. She therefore made the following motion: MOTION: Councilmember Fletcher moved, seconded by Renzel, that Council overrule the Planning Commission's recommendation and deny the application of Janet A. Thain for an exception from the nonconforming_use'termination provisions for 4131 El Camino Real. Councilmember Witherspoon asked the staff about the basis for amortization, which she understood from other cases to be on age as well as type of structure. She Wondered, since there did not seem to be much of a structure on the property, how the period of amortization was computed. Mr- Zimmerman replied that the use has been given only the minimum period of amortization because the structure was a wood -frame building, classed "Type 5," and had been up for the necessary period of tire. For a structure to be granted a longer period of amortization, it would have to be'a higher type of structure, -such as a "Type 1," which would be fully fire -proofed and just built at the time of adoption of the ordinance in 1978. Councilmember Witherspoon commented that the structure seemed so insignificant compared to the size of the property. But she understood about the ordinance reading as it did. Her opinion about this case was that 13 years was an ample period of time for deciding whether this was a viable area for neighborhood/ commercial zoning. They were not dealing in this case with a business that could not be easily relocated, or that served the neighborhood in its present state, unlike the case of Mr. Lappet She would therefore support the motion to deny the application for exception. Councilmember Renzel said El Camino Way, with its bordering island, perhaps offered the greatest opportunity for improvement of any of the areas along El Camino. Much of the island was a parking lot and many of the uses there appeared to be ripe for redevelopment. She thought it had been the intent of the Plan- ning Commission and the Council four years ago to orient the uses on that island toward E1 Camino Way, thereby opening up new opportunities for a more productive, economic utilization for the El Camino Island. She would support the motion for denial. NOTION PASSED: Motion passed on a unanimous vote, Brenner absent. RECESS: 'Recess was taken from 9:45 p.m to 10:00 p.m. ORDINANCE RE ORDER OF CITY COUNCIL s ea n9r This Item had been removed from the Consent Calender at the request of Mayor. Henderson, because of his concern regarding the time set for City' council Meetingsin the first part of the ordinances "Meetings should be set at 7:30 p.m., unless delayed by Executive Session, but then not later than 8:00 p.m.* Mayor Henderson felt that perhaps in, serving their own convenience, the Coun: i 3_- mt ght be setting up an inconvenience to the public, which had become accustomed to a particular time for Council meetings. He wouldtherefore prefer to leave the matter as presently set. If the Mayor and the City Manager deterarii rye that an Executive Session is necessary, . this should be set up early enough to allow the Coueci! Meeting to begin at the usual time of 7:30 p.a. He would make the following motion: 4 5 2 11/17/80 MOTION: Mayor Henderson introduced for first reading, seconded by Fl etcher, the following ordinance: ORDINANCE OF THE COUNCIL OF THE 1;;i1!' OF PALO ALTO AMENDING SECTION 2.04.'60 OF THE PALO ALTO MUNICIPAL CODE REGARDING THE ORDER OF CITY COUNCIL BUSINESS MOTION FOR AMENDMENT: Mayor Henderson moved, seconded.by Renzel, to emend Section 2.04.060, Section 1(a) to read in effect that the regular City -Council Meetings will begin at 7:30 p.m., and remo=,e statement under 14(c) having to do,with Executive Sessions. Coun;ilmbmber Paezino was perturbed that this issue was again under discussion, which had"been-carefully checked by the Policy and Procedures Committees discussed three ti mee in the last year and a ce pr©wise accepted. There was a real problem with scheduling Executive Sessions at midnight or later - very few could think clearly at so late a time. The Executive Sessions sometimes involved issues of far more importance or with: more serious consequences to the'City than those discussed in public. Regarding the point about the public being accustomed to a 7:30 plat. Council Meeti n9 _opening, the change i n the ordinance should begin to Change people's consciousness about the order of business of the Palo Alto City Council meetings. die'really strongly urged support of the present language. Mayor Henderson announced a further compromise on his part regarding conducting Executive Sessions as early as 6:00 p.m. On those rare occasions when an Executive Session of an hour or more was foreseen, he would be willing to accept such an early meeting time. Councilmember° Witherspoon wished to re-echoCounci1mesber Fazzino's sentiments. She did not wish Section 14(c) removed completely, as suggested by Mayor Henderson's proposed amend- merr . She wondered if the first sentence coud be retained and only the second sentence removed, to reed: `Executive Sessions shall be scheduled to ,the extent possible at 7:00_ p.m. on a Regular Ar Special City Council Meeting'date. Mayor -Henderson replied he was not willing to consent.: to this, because he felt it would.be unfair to keep the public waiting. Councilmember Refuel had so e . q€ estans about the mandatory nati rt of - ecut 1 ve Session$10$ social early; hours. She . su gested including . Wordier to the off ' thdt! Long Executive Sessions may be scheduled prior to Regular- Council Seeti fRss," nileP1Y as a goal rbee . long Sess 1 o s ,were : anticipated.' She, felt that, the business Opre to,the public sbodld be dealt with at; s reasonable hoer, and that perhaps it.weeld be a mistake to move the Execu- tive SPsS'i' n ehirad Of the 'pvblic.hiesieess. In her "opinion adsertiSIOR a hhee a •f tiee fer a: public fleeting did not fully notify the bl'i . Coe i leer f l etchs r� thought the last two weals Ohee Cooed 1 oth% S at 0:00 : p .. ` or labor. mew a geed a strp en that t + cos Oat ot'. t to -tie �� pI k Op ` detail, there r -may corossisavof.04414004040.from *bars of the pe tic. -feeSetiVe Sessfoes:_WIRe.#et 11014` a 1,19404r onetg4 basis r the'pue11c ; to become:atcustomid 'tO having the Council*Wimp fed• z Sh• w therefore -definitely in. 14"r r "409 the reiliila0; t 11 t1bg starting time of 7:30 p.m., but meal d .urge Says s 1 ons not be held " around midnight. i Councilmember Levy felt that, since the job of the Council was to serve the public, they should be mindful of the fact the public was not attuned to the Council's day-to-day activity. He thought there should be a consistent Council Meeting starting time, and 7:30 p.m. seemed reasonable to him, but Executive Sessions should be held before Council Meetings rather then midnight or later. He could not see any reason Executive Sessions could not be called at 6:30 p.m.. .and wished to see Paragraph (c) of Page 2 of the ordinance restored, with the starting time of "7:00 p.m." changed to "6:30 p.m.," to read: `Executive Sessions shall be scheduled to the extent possible at 6:30 p.m." He also thought the Council Meeting starting time of 8:00 p.m. should be set back to 7:30 p.m. He felt it wo,=thwhile to make clear, as a significant policy, that Executive Sessions. not begin after midnight, but at 6:30 p.m., and run net . more than an hour. He therefore wished to' move these changes. SUBSTITUTE AMENDMENT: Councilmember Levy moved, seconded by . Fazzino, an amendment to the ordinance, • replacing Paragraph (c) on Page 2, and changing to read: "Executive Sessions shall be scheduled to the extent possible at 6:30 p.m. The regular or public meeting shall commence no later than 7:30 porn." Mayor Henderson commented that about half of the Executive Sessions ran for about a half-hour or less; therefore, he did not like being locked into the 6:30 p.m. starting time. Councilmember Renzel advised that flexibility could be attained by changing the wording to: "...to the extent possible and as appropriate...' Mayor Henderson asked if it would not be better to use these instructions only as a guidelines letting the City Manager make a determination for each meeting. He pointed out this was an ordinance in which they were writing .in specific times. Councilmember Eyerly supported Councilmember Fazzino's position that some decisions of most importance for the City were wade at Executive 'Sessions. Meeting early for Executive Sessions before Council Meetings seemed to be .the answer in order to make good decisions without undue strain, whether at 6:30 or 7:00 _p.m. He would therefore support the suggested amendment; if there • could be agreement on the times with allowance made for flexibility.- Councilmember Fletcher re+ ommendRd : that instead of setting a definite time, the wordieg stete:tkat Executive Sessions be held before the'regu1ar Council MeetinEt. The City Manager and the Mayor could then work net the starting time -for each Session. Mayor Henderson agreed and asked for motion to that effect. SUBSTITUTE AMENDMENT: Councilmember Fletcher moved, seconded by Councilmember Fazztno, to amend Paragraph 14(c) of Page 2 of the ordinance regarding Order of City Council. Business to read: 'Executive Sessions shall be scheduled to the extent possible and appropriate prior to the Regular tad Special City Council Meetings.' SUBSTITUTE AMENDMENT PASSED: _ Substitute Amendment passed on a unanimows vote* greener absent.. MOTION _ P*.S5t3I : Nation to appreve first reading of the Ordinance : regarding. •der of City Council 8r ailr:SS,: as amended passed i� a usaieiwou$ vote, Brenner absent. Councilmember Fletcher asked about legislative matters to be brought before the Council - were they included under Council matters or Reports of Officials? City Manager Liner replied that matters of a legislative nature which Councllme*bers wished brought to the attention of their colleagues would be included under Council Matters, or under Reports of Officials iffrom staff. REQUEST OF COUNCILPEMBER F ETCHER REGARDING N Councilmember Fletcher reiriewed that the Downtown Parking Management P1ah'was tied to the application for funding from the Federal' Department of Transportation. The parking fee and the financial structure for funding the shuttle service were the focus of tPe Plan. Since tPe UMTA Grant was no longer an issue, she felt the study should be broader than focusing purer on charging for parking. The entire area should be considered as a traffic pattern and alternative transportation. It was her opinion this item should be referred to the Policy and Procedures Committee, as the committee designates by Council to deal with traffic problems. MOTION: Councilmember Fletcher moved, seconded by Renzel, that the Downtown Parking Management Plan be referred from the Finance and Public Works Committee to the Policy and Procedures Committee. MOTION PASSED: The motion passed on a unanimous vote, Brenner absent. REQUEST OF COUNCILKEMBERS RENZEL AND Councilmember Renzel said this matter was brought to her attention by Jeannie Eichner, a copy of whose letter dated November 14, 1980 is on file it the City Clerk's Office, and dealt With the emergency procedures put into effect because of the Parvo Virus. ' Upon consultation, $r. Liner advised referral of 'tins latter to the Policy end Procedures Committee for discussion at their forthcoming meeting on November 18, 1980, of the whole Animal. Control Ordinance, so that staff May report whether any thong* in our policy would be appropriate. She made the followieg motion: MOTION; Councilmember Rowel moved, seconded by Fatzi no, to refer- to ' the Policy and Procedures Committee the Emergency Animal Shelter Procedure because of Parvo Virus, with staff to report and Committee to discuss this item on November 18,`1980. MOTION PASSED: The motion passed or a unanimous vote, Brenner absent, ;Mope NjNOERS0N RE COUNCIL APPOINTMENT There were two points Mayor Henderson wished to make on this matter. The first was brought wp by City Clark Ann Tanner, who mentieeed that in eppointio, Woerd or Commission weirs, the Council skoul4 a ke it verb -clear. tikat those' i ntervi ewei ware sot fi stud fists, is the sense that - Council Policy is that the applicants would be eligible to be voted upon 1i the final vOtittil hi tb Noshars of t1a City Ce act . Tear had net howl aimii4t0 mord to the e appointment to City Council. The assumption would be made, if Council pursues the present course, that they were recognizing those being interviewed as the six finalists, and that the final voting would be on those candidates only. At Miss Tanner's request, Mayor Henderson asked for clarification as to whether the Council wished to continue with this procedure, or leave the final voting open so that all applicants would be eligible for Council votes. The Councilmembers unanimously indicated a desire to pursue the latter course. A further concern of Mayor Henderson was the fact that Council had said each Counciimember could select only three candidates. He felt a need for at least four votes. He thought this would not only give them more votes, but hopefully a cleaner breakdowns a division, of the applicants, and they would be more likely to have a clear choice of six, rather running into problems with a number of three -vote ties, etr. MOTION: Mayor Henderson moved, seconded by Renzel, that Council Correction will select four candidates each for interview instead of See Pg658 three. 1/9/81 Councilmember Renzel supported the motion, agreeing that this process would given them a cleaner division of candidates and decrease the chances of a number of tie votes. MOTION PASSED: The motion passed on a unanimous vote, Brenner absent, and Sher not participating; HENDERSON RE VICE -MAYOR Mayor Henderson explained that this was the last meeting Vice -Mayor Sher would attend as an active Councilmember. He was planning on returning on December 15th and they would have the cpportunity of "doing hsm tumor' then. Vice -Mayor Sher had been an active member of the Council for about 15 years, and had Correction attended almost 400 meetings. See pg558 1/9/81 ADJOURNMENT The Council meeting adjourned at 10:25 p.m. AFFIRM: APPROVE 456 11/1)1 CITY COU1C1L MINUTEs CITY Or. PALO ALTO Regular Meeting Monday, November 24, 1980 ITEM Approval of Minutes of September 22, 1980 Approval of Minutes of September 29, 1980 Interviews to Fill Council Vacancies (Announcement of Date) Oral Communications Consent Calendar Self -insured General/Auto Liability Claims Administration Service - Award of Contract Finance and Public Works Committee re Community Theater, Child -en's Theater and Cultural Center and Main Library Finance and Public Works Committee re Public Utility Regulatory Policies Act of 1978 Finance and Public Works Committee re Budget Reductions Caused by Proposition 13 Ordnance re One-year Leases (continued to 12/8/80) Amendment to Santa Clara County Solid Waste Management Plan Buena Vista Mobile Home Park Regulations (continued to 12/8/80) Yacht Harbor Lease Amendment and Maintenance Dredging Methane Recovery at the Palo Alto Landfill Ordinance re Conversion of Rental Housing to Condominiums Stop Sign at Channing and Harriet Avenues (Referral to Policy and Procedures Committee) Protest at Public Utilities Commission Hearing Statement of Cowacilmember Fazzino re Yacht Harbor Dredging Cancellation of December 1 Regular Meeting Executive Session re Litigation Final Adjournment PAGE 4 5 8 4 5 8 4 5 C 4 5 8 4 5 9 4 5 9 4 5 9 4 6 0 4 6 1 4 6 2 4 6 3 4 6 4 4 6 4 4 6 5 4 6 6 4 7 1 4 7 1 4 7 1 4 7 1 4 7 2 4 7 2 4 5.7 11/24/80 9 - Regular Meeting November 24F 1980 The City Council meeting of the Palo Alto City Council was held on this date at 7:30 p.m. in the Councllchamber at 250 Hamilton Avenue, Mayor Henderson presiding. PRESENT: Eyerly, Fazzino, Fletcher, Henderson:, Levy, Renzel, Witherspoon ABSENT: Brenner, Sher (Vice -Mayor Sher's resignation is effective November 30, 1980) MINUTES OF SEPTEMBER 22, 1980 Councilmeml~er Renzel asked that on page 209 the last sentence in the ncxtMto- iast paragraph read instead: "Councilmember Renzei questioned the square -foot minia t loot size. She understood that the flag lot was supposed to have a minimum of 20 percent greater lot area, and these lots were below the minim of 10,000 square feet.`' MOTION: Councilmember Fauino moved, seconded by Fletcher, that Council approve the minutes as corrected. The Motion passed on a unanimous voice vote, Councilmember Brenner and Vice -Mayor Sher absent, MINUTES OF SPECIAL MEETING OF SEPTEMBER 29 1980 Councilmember Renzel asked that on page 254, the third paragraph read instead: "Counciloember Penzel said she was mainly concerned that they were penalizing 100 percent residential in nonresidential zones." INTERVIEWS TO FILL COUNCIL VACANCY,, Mayor Henderson announced that six candidates would be interviewed for the vacancy on the Council created by Vice -Mayor Sher's resignation. They were: Bob Moss, Larry Klein, Joshua Goldstein, Detsy Bechtel, Cron Surath, Joseph Huber. The interviews were open to the public and were to be held December 1, 1980, in the Council Chambers, 250 Hamilton Avenue. They r ou l d also be broadcast on KZSU. CyfolL CC INICAT aOi4S 1. Marilyn Stoddard, 1050 Channing, spoke of the stop sign at the corner of Charming and Harriet; and said the stop sign generated extra air. pollution, which she felt was unhealthful for her three-month old child. 2. Pauline Hayward, 1040 Charming, said the Channing-Harriet stop sign had appeared and nearby residents had not been notified that it was to be installed; she asked that nearby residents be notified of the date of the next discussion --they would vote against that sign and ask that it be rwroved. 3. Gam.trudt. 5. Adler, 1069 t' nn1ng, said the Channing-Harriet stop sign was rotwarranted in titir 4J -year residence at that address. She thought safe passzoe for chiidrtn could be assured with parents using the school driveway. 4. Bodil-Gordon, $ 3,Channin -, said that permitted street parking made it impossible for streetc?e2ning of leavosy‘ She asked that the City post "No Parking" signs prior to street -cleaning days so that the streets could be swept thoroughly. 4 5 8 11/24/80 1.----7-.Brian Pegg, 945 Laurel Glen Drive, said that PG&E had been directa -'y the Public Utilities Commission (PUC) to rebate up to $460, or le interest rates, to its customers who had, or would, install_solar hot water heaters to replace natural gas or bottled gas heaters. He had phoned PG&E for a pamphlet on further details. He had learned that since he paid Palo Alto utilities he could not get the PG&E monetary benefits. He said he had learned later that the PUC had had enough complaints similar to his to consider expanding the program to municipal entities. He asked that Councilors phone Commissioners Bryson or Crimes to urge that Palo Alto citizens be included in the rebate plan. CONSENT CALENDAR Mayor Henderson removed the matter concerning the second reading of the Ordinance regarding one-year leases from the consent calendar. Councilmember Eyerly removed the matter concerning Santa Clara County solid waste management from the consent calendar. Mayor Henderson removed the matter concerning Buena Vista Mobile Home Park from the consent calendar. Councilmember Renzel asked that the matter concerning methane recovery at the landfill site be removed frcm the consent calendar. the following item reined on the consent calendar: Action SELF-INSURED GENERAL AUTO TION 509:0) Staff recommends that Council authorize the Mayor to execute the attached agree- ment with Leonard J. Russo, Inc., for claims administration services. This action is not a project as defined in Title II of the Palo Alto Municipal Code, and therefore no environmental assessment is necessary. AGREEMENT --ADMINISTRATION OF LIABILITY CLAIMS Leonard J. Russo, Incorporated MOTION: Councilmember Witherspoon moved, seconded by Fazziro, that, Council approve the consent cale.tdar. The motion passed on a unanimous vote, Council - member Brenner and V = ce4 tor Sher absent Cha 1 iman Eyerly said that the consultant had been asked to find ways to extend the productive 1 i fe of the edi t i ty theaters, community center and main library through capitalimprmveee ets. The Finance and Publicidorks Committee had -delayed making the final report until the financial position of the City was known. About $1.3 million for the 1 i Mary and $1.2 mri l l ion for the theater projects was needed. The first year, I900-8:1, was used for design and planning. MOTION: Chairmen Eyerly, on behalf of the Finance and Public Works Committee, introduced the following ordinances and asked that Council approve them along with A) the consultants' study regarding the amity and Children's Theaters and the Ctrl tural Center.. and adoption of alternatives as . proposed by staff; R) a^^M^.,c .hc uay regarding the Main Library; and C) approval of the budget amendments for 1980-81 of $).50,000 for the theaters and $175,000 for the library, with a total capital improvement program of $780,000 additional for the theaters and $975,000 additional for the library and to include seismic design work on each of these two projects, with the seismic design element for each not to exceed $10,000 without additional approval of the Council. ORDINANCE 3244 entitled 3ORDINANCE OF THE COUNCIL OF 'ME CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1980-81 TO PROVIDE ADDITIONAL FUNDS FOR CAPITAL IMPROVEMENT PROJECT 80-01 'REHABILITATION OF CHILDREN'S AND COMMUNITY TNEATFRS AND CULTURAL CENTER AUDITORIUM'." ORDINANCE 3245 entitled " ORDINANCE OF THE COUNCIL or-rw CITY OF PALO ALTO AMENDING THE BUDGET FOR fHE FISCAL YEAR 1980-81 TO PROVIDE ADDITIONAL FUNDS FOR CAPITAL IMPROVEMENT PROJECT 80-21 'MAIN LIBRARY RENOVATION'." Alison Lee, 1241 Harker Avenue, said she was chair for the Standing Committee on the Arts and Sciences, and urged that Councilor fibers approve the recommenda- tions. She said that at the Finance and Public Works Committee meeting there was a slide show illustrating some of the safety problems that had been building up over the years. Those safety problems made it very important that the proposed projects be undertaken. Robert Moss, 4010 Ormu, spoke to Council as a aver of the Board of Directors of the Council for the Arts of Palo .Alto (CAPA), in support of the recommenda- tions. He emphasized need for safety for bosh audiences and performers in the theaters. Along with safety, the completion of the projects would redLce costs that might accumulate in the future. He said CAPA sl,ggested that consulta- tion with performing arts groups :mould help identify speci fic needs for equipment to be pirche sed. Councilmember Fletcher said that the recent fire at MGM Grand Hotel in Las Vegas had made her aware of fire safety --would the plans be approved by the Fire Department? Leon Kaplan, Director of Arts and Sciences replied that they would oe. June Fleming, ,Usfttant rAty Manager , said that one improvement uas to be the installation ofcrash :bars vn all ors that weld operate wtether the doors were . locked or unlocked. MOTION A) PASSED Tie motion tart. Cam i i approve the- L sul Cants' study regarding the Community add Chf ldre ` s Theaters end the Cultural Center passed oh a unanimous vote, Cou-ncilwe. Bar and Vie-Nayoe Sher ,,.sent. MOTION B) PASSED: The motion that the Council approve the consultants' study regarding the 4tin Library passed on a unanimous vote, Councilmember Brenner and Vice -Mayor Sher absent. MOTION C) PASSED: The motion that Council approve the o.dinaneft on budget amendments for renovation oe the,, theatersand .library passed on a unanimous vote, Counc i lmaaberr Brenner and Vice -Mayor Sher absent. FINANCE _ ANO PUBLIC WORKS COMMITTEE RECOMMENDS Al of 1978 Mayor Henderson said that along with COunnilimber Eyerly he was favorably impressed with the .Infoimation that had been presented the. Finance Public *irks Committee b. Peninsula_ Conservation Cen r. Councilmember Eyerly said that Councflmembers had notes on the public hearing the Finance and Public Works Committee had held on October 28, before them, along with the staff report of October 2, and other relevant material. He said the Public Utility Regulatory Policies Act of 1978 was created by the signing of the President of the United States of the National Energy Act (NEA) in that year. Palo Alto Electrical Utilities, with annual sales of over 5 million kilowatt hours is covered by ?URPA, the purpose of which was to encourage conservation of energy supplies by electric utilities, with equitable rates for consumers. He said that it had been concluded that it was appropriate for the City to implement policies for 1) cost of services; 2) declining block rates; 3) time -of -day rates; 4) seasonable rates; 5) load -management techniques. The Committee had not thought ft was appropriate to implement 1) interruptable rates or 2) automatic adjustment clauses within electric utilities. Councilmember Eyerly said the resolution he would introduce for Council approval spoke to those its. He said the Peninsula Conservation Center had made a very detailed study of the electric utility and agreed with the City's staff recommendation, though PCC had voiced concern about gas hot water heaters being converted to electric hot water heaters in the light of fast -rising pricesof gas. Staff was aware of the possibility that and if there were to be a major shift in years to come, staff would bring it to the attention of Council. MOTION: Chairman Eyerly introduced the following resolution and moved its approval by Council: RESOLUTION 5854 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING CERTAIN RATE MAKI; AND SERVICE STANDARDS PURSUANT TO THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978." Councilmember Fletcher noted that time -of -day and load management structures were treated as separate subjects --were they different from cne anther? Randy Baldschun, Utilities Rate Analyst, replied that the Act had separated the two but under a broad heading of load measure techniques the two could be joined. Mark Harris, City Treasurer, said that time -of -day rates were an economic approach to load management; it was a subtle distinction between the two, but they wer meant to accomplish the same thing. Councilmember Fletcher said she wondered if cost effectiveness should not be the sole determinant in the long run. Mr. Harris replied that cost effectiveness mould be part of the study. The question was would coney best be spedst making customers aware of cosw r would load management be the best way to spend cost - benefit dollars. Councilmember Fletcher asked if new construction specified electric or gas hot-water heaters. Mr. Harris replied that it wav generel ly less expensive to install electric appliances; the costs from a standpoint of energy kited by an appliance that used gas compared to the same appliance that used electricity would be studied. Staff would spend time urging solar installa- tions also, and continue to monitor use of each utility. MOTION PASSED: Themotionthat Council approve adoption of the resolution adopt- ing certain rate making and service standards pursuant to the Public Utility Regult tu►vy Ike icier Act (PUPA) of 1978, passed on a unanimous vote, Council - member Brenner and ViceAkyor Sher absent. FIOAMC *110 PUMA AC WORKS COMM COItioucTi MENDS Chaff ram E, r y said that the Finance and Public *irks Committee authorized hire to advise Council that the $1.2 million budget reduction had been effectively implemented and tint the 1 481 budget contained the resources necessary to 4 6. l 11/28/80 maintain current service levels. The reductions had, been made in consequence of passage of Proposition 13. Six meetings had been held with a total of twenty hours deliberating on the 1980-81 budget; much discussion had centered around performance and service fuels. There had been minimal impact on service levels. No. action by Council was needed. ORDINANCE RE ONE-YEAR LEASES Mayor Henderson said he had removed this matter from the consent calendar because ' there was not a full Council present. MOTION: Mayor Henderson moved, seconded by Renzel, that Council continue the matter concerning the second reading of ordinance requiring one-year leases to December 8. Councilmember Eyerly said he had read in the newspaper that the new federal administration to take office January 20 was likely to remove federal grants frim cities that had rent control laws. Councilor Eyerly said that the ordinance for one-year leases was in fact rent control, for one year. He thought higher rent increases would result. He foresaw that renters would return to Council asking for a full time rent control ordinance. He did not want to encourage that and mislead renters. Rent control led to having fir rental units, and also deterioration of those units. Also, the ordinance could lead to black marketing of rental units. He did not want to continue the matter; he wanted it to be voted down. Mayor Henderson ascertained wi;.` Don Maynor, Senior Assistant City Attorney, that no new legislation had occurred regarding the one-year lease proposal. Councilmember Witherspoon said that all Counciimembers could have been present; she did not want to continue the matter. Councilmember Fletcher referred to had to offer the one-year lease to offering, the landlord had in fact section 9.68.030 saying that the landlord the tenant. She wondered if, after to give the lease. Councilmember Renzel said that in the proposed rental housing stabilization ordinance the terms of the 1eese were solely rip to the landlord --that did not sound like rent control to her. Councilmember Levy favored the continuance, then all those who wished to vote on it could do so. Councellmeaber Eyerly noted that Coundi i t Brenner had not been present at meetings for "quite some time." Mayor Henderson said Councilmember Brenner had missed threemeetings; her dda.thr had advised her to wait until the December 1 meeting, after which she hoped to be able to attend regularly. 8odil Gordon, 633 Chinning, agreed with Councilmember Eyerly that the natter should be completed that evening and not continued. Tom Martin, 2104 Greer Road, said he wanted the ratter to be voted on that evening. WIC* PASSED: The motion that the matter of one-year levies be continued to the meeting of December 8 passed 00 the following vote: AYES: Fletcher, Henderson, Levy, Renzel NOES: Eyerly, Fazzino, Witherspoon ABSENT: Ba r, Sher 462 11/24/80 1 1 AMENDMENT TO SANTA CLARA COUNTY StrfrRfftrIgAnnwirrti,. ;511,0) Councilmember Eyerly said the proposed amendment added Hellyer Canyon as a disposal site. He said that would be a long trucking haul from; Palo Alto and that made Hellyer Canyon an expensive disposal location. He had obtained the following costs from the staff. Councilrrrember Eyerly seid he thought that the proposed 1990 closure of the Palo Alto _dump was too early; alternative methods of handling solid waste would not be read; that early. Costs at Hellyer for Palo Alto would be about $600,000 for one year, with $300,000 of that amount to fall on Palo Alto households. Councilrnember Eyerly said he thought economics should lead to Palo Alto changing its Comprehensive Plan. Councilor Renzel said that the Joint Powers Agency on solid waste would have some consultants' reports in January on the matter, with definitive economics on refuse --derived fuel and electric power generation plants. She said it was "within the realm of possibility that such a plant wi:1 be on-line by 1990." She said Council had not chosento close the dump in 1990. The longest -time plan presented to the Council had been in error and only had ten ;;ears left in it. She emphasized the need for understanding that clearly, MOTION: Mayor Henderson introduced the following resolution and, seconded by Renzel, moved its adoption by Council: RESOLUTION 5855 entitled "RESOLUTION OF THE C . I CITY OF PALO ALTO CONCURRING IN AN AMENDMENT TO THE SOLID WASTE MANAGEMENT PLAN FOR SANTA CLARA COUNTY FOR THE PROPOSED HELLYER CANYON LANDFILL." Albert J. Ruffo, Suite 1300, 101 Park Center Plaza, San Jose, an attorney representing.the owners of Hellyer Canyon, said Hellyer Canyon had one of the highest ratings of any site in the county. A majority vote of the cities having a majority of the population was required to utilize Hellyer Canyon. San Jose's present sites had a very short life. Which communities would have use of the site for disposal purposes would be decided in the future. The site was in an unincorporated area of the county. The Solid Waste Management Prograze had recommended inclusion of Hellyer Canyon in its plan. Mayor Henderson said the Hellyer Canyon site had been before the InterGoverntal Council for several months. IGC had been pleasantly surprised that San Jose had agreed to use of the site in view of the traffic and other somewhat unpleasant elects related to choice of the dumpsite. Mayor Henderson said "It now seems absolutely vital county -wide that this facility be approved." Approval by Palo Mtce did not affect the dete chosen for Palo Alto to close its dump. Mr. Russo said that under existing law the City of Palo A'to could not establish a landfill operation without approval by the City of San Jose --no site anywhere to the qty could be established without San Jose's approval. Councilmember Witherspoon siad it behooved every city in Santa Clara County to approve the site. Palo Alto could consider its specific sure in the s i to later. Palo Alto's dump closure date was dent on how high it would permit fi l l to rise. Councitmember fautno :agreed that there was not a strong relationship between the date of Palo Alto's dump closure approval of the Hellyer Canyon site. When and if the site was approved it would . increase Palo Alto's options in the future. Councitmember Eyerly Reid he did not object to the *1l Canyon Canyon site He a -.- stressed that costs for use of the site mould be 'horns." A site had not yet been found for the establishment of : a plant to make refuse -derived fuels. Councilmember Renzel said that the Joint Powers Agreement had identified both the Los Altos treatment site and the Calabaaos Creek site of about 60 acres. The consultants' report to be heard in January would look at the "tipping fee costs relative to a landfill situation versus this project." Landfill costs were increasing rapidly; a short time after the plant went into operation it was thought costs to participating communities would be considerably reduced. MOTION PASSED: The motion that Council approve the resolution establishing Hellyer Canyon as a landfill operation passed on a unanimous vote, Council - member Brenner and Yice-Mayor Sher absent. BUENA VISTA MOBILE HOME PARK inuounranmemor REGuLATI NS William Zaner, City Manager, said he had learned that several citizens had been affected by the transfer of enforcement of regulations Of mobile houses to the state; he recommended that the matter be continued to December 8 so a dis- cussion could take place. MOTION: Councilmember Fletcher moved, seconded by Fazzino, that Council continue the matter of enforcement regulations of mobile homes to December 8. The motion passed on a unanimous voice vote, Councilor Brenner and Vice. Mayor Sher absent. YACHT HARBOR LEASE AMENDMENT AND Staff recommends that Council: 1) approve the yacht harbor lease amendment; 2) authorize the commitment of funds to relocate material dredged from Yacht Harbor Point to the landfill; 3) urge the county to undertake the dredging of the Harbor by using increased berthing fees to pay for that work. Mayor Henderson said that the lease amendment changed the expiration date of the harbor to July 1, 1986. MOTIOM: Councilmember Renzel moved, seconded by Fletcher* that Council approve the recommeedatioos to 1) approve the Yacht Harbor lease anent, 2) authorize the commitment of funds to relocate material frem Yacht: Harbor Point to the landfill; 3) urge the County to undertake the dredging of the Harbor by using increased berthing fees to pay for the work. AGREEMENT NUMBER FOUR TO LEASE AGREEMENT Palo Alto Yacht Harbor Councilmember Witherspoon asked hos the figure of $120,000 to move dirt from the Correction point cap the dump compared to costs to excavate from the ITT property. See Pg658 1/9/81 David Adams, Director of Public Harks, said the cost to move tice dirt from the point to cap the drag p was probably less than getting material from Other sources. Coumc i l r €yer l y said he found the idea of stacking dredgi ngs on the point to be repugnant, He thought that it could be seen as a ploy to tell voters they had made the right decision on phasing out the Yacht Harbor. ' He thought it would it would be less refit to: put it over on the dump directly or on: the ITT qty with de -metering ponds. He thought that if the mud had to be slacked on the point it old be better to p a out the harbor right now He said he would not vote for the portion of the amendment that closed the Yacht Harbor in INC but he would vote for the sections that said that all terms of the lease agreement would remain in effect and asking the County to use increased berthing fees for cost of drying. 4.6 4 11/24/80 Councilmember Levy asked how the County could escape dredging the Harbor if tha City had a place to put the dredgings. Mr. Laner replied that the lease agreement wit) the County steted that the County was obligated to dredge the Harbor if 1) the City provided a place for the spoils and 2) if the County had the funds available. The County at present contends it does not have the necessary funds. 1 1 Councilmember Levy said he thought availability of funds had nothing to do ►pith the vote just taken in Palo Alto. Councilmember Witherspoon asked if the dredged spoils U. be placed on the point would be removed, as it was planned to do with ti', : present dried spoils. Mr. Adams said the Council could choose what to do; the Comprehensive Plan said the point was "to be restored" and that had not been precisely defined. Hilly Davis, 344 Tennessee, said that the Palo Alto Neighborhood Coalition Steering Committee had voted in favor of the renegotiation of the City lease to terminate in 1986, to make it possible for the lease to adhere to the conditions set up by the Bay Conservation and Development Commission (BCDC). Gloria Horne, 1471 Kings Lane, did not understand why, ir, the light of the recent vote against dredging, one final dredging had to take place. Tom Martin, 2204 Greer Road, said he had purchased his home so he could be close to the Yacht Harbor; he hoped the dredging would take place with the expectation of using the Harbor as long as he lived in the location. He had been disappointed to learn the Harbor was being phased out. Councilmember Fazzion said he was "very sympathetic`' to Councilmember tyerly's counts but the voters had decided and Councilis job was to carry out that mandate. For that reason, though that was nct his personal desire, he would support the staff recoeeendadion. Mayor Henderson said he had been charged with serving his personal desires, but he had moved to close the yacht harbor in good faith within five years thus providing a transition period. He hoped the agreement before Council would be approved. MOTION PASSED: The motion to approve the agreement for dredging and transfer of dredged spoils to the dap passed on the fol i owi ng vote: AYES: Fazing, Fletcher, Henderson, Levy, Renzel, Witherspoon NOM Eyerly A8$4 t; sir and Sher METHANE RECOVERY AT :rs12:0 Couneilmember Reuel eiked if the City wes committing itself- to building a methane recovery plant if it entered into an agreement with Getty Synthetic Fuels (GSF) for expertmentaticn toward methane recovery, or would agreement to the possible building of a methane revery - plant be decided subsequent to finding that such a pleat old he economically feasible. David Adams, Director of Public Works, said that the City would be committing itself to the building of a plant only with the proviso that it passed all the required environmental review and other checks and balances used by the City. Couniclmember Renzel said she thought that a "spell" punt as referred to in the staff report could be too large from an aesthetic point of view. The design needed for the sewage processing plant was a case in point. 4 6 5 11/24/80 Mr. Adams said that approval to negotiate was being asked from Council that evening. the matter would return to Council if a contract were to be approved; there would be information on what kind of structures were needed. Councilmembor Levy said he thought it was bad policy for the City to follow a method of doing business whereby when it was approached by a company it awarded that company the contract; staff had indicated that Getty Snythetic Fuels was the best company and he said he would vote for the proposal, but he emphasized how important he thought it was for the City to have competitive bidding. MOTION: Counc i l member Fletcher introduced the following agreement with Getty Snythetic Fuels, Incorporated, and seconded by Fazzino, raved its approval by Council: AGREEMENT --PETTY SYNTHETIC FUELS, INC. For methane gas recovery at Byxbee Landfill The motion passed on a unanimous vote, Council er Brenner and Vice -layer Sher absent. ORDINANCE RE CONVERSION OF RENTAL MEW rea g con .oued from November 14, 1980) Mayor Henderson said there were two ordinances before Council tonight; one first reading and one second reading. The second ordinance which would have first reading tonight was aimed at meeting special situation where housing might need to be wade available to the Palo Alto Housing Corporation (PAHC). Co►uncilmeu;ber Witherspoon said that she was not present for the first reading of the ordinance regulating conversions by moratorium since it might impinge on the Oak Creek Apartment condominium conversion she would not participate, because Stanford University was her employer within the past year. Don Maynor explained that the first ordinance creates a moratorium period and an exception that would apply during the moratorium period. The second ordinance adds a section to the exception that would apply during the moratorium period --it was like another agent, a continuation of the first ordinance. Councila er Fletcher asked what passage by Council of the ordinances would commit Council to --would it have to approve the final conversion? Mr. iaynor explained that the ordinances before Council now had to do with applications only: giving ,t the right to. apply did not mean that applications would be approved. Mayor Henderson said heunderstood that the ordinance required a two-thirds vote of present tenants; what about the apartments that were vacant? Did they count as 'not voting'? e. Maynor said that was correct. The base for vote was those people who presently occupy uni is . -- two-thirds of those occupying apartments that were proposed to be converted. The matter of lifetime leases that Couecil might a might not rule on was not covered in the ordinances now before Council. Councilmember Levy said that because those units that were to be rentals were a part of the total - erect he thought those tenants also should be voting. Mr. Mum. that was not his understanding; the project had already been divided up and subdivided and the project developer would present his view on the condominium conversion o,ly, with a map of the 16 twits. Thigh the other 16 wilts_ were geographically: related, they were not a part of the condominium proj . 1 The units that the developer was giving to the comparable in physical facilities to the units low-income portion had to be e was converting to condominiums. Mayor Henderson said he had thought all 32 apartme heard that those who did not wish to purchase on were to be offered units on the north side of the all thirty-two apartments were involled. Councilmember Renzei said that under the rehabilitat operated more than 50 percent of the units would ha`r moderate -income residents. That indicated to her tha and moderate -income units at the outset, with the rema lower than market but not qualifiable for the City's s nts were involved since he had the south side of the complex complex --that, to him, meant ion program that the City e to be occupied by low -and t nine units had to be low- ining seven to be somewhat ubsidy program. Mr. Maynor said he understood that the current resident converted had to be offered lifetime leases. MOTION: Mayor Henderson introduced the following ordinan and first reading and seconded by Fazzino, moved their ad of units that were being es for second reading option by Council: ORDINANCE 3246 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 21.40.050(c) OF THE PALO ALTO MUNICIPAL CODE REGULATING THE CONVERSION OF RENTAL HOUSING TO +CONDOMINIUMS . " ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDIK Si3SECTION (1 TO SECTION 21.4`.050(c) OF THE PALO AL MUNICIPAL CODE RELATING TO CONVERSION 0 RENTAL MOUS I NG TO CONDOMINIUMS TO AMENDMENT: Councilor Witherspoon moved, seconded by Renzel* that under section (d) of 21.40,050 the word "size" be added, so that the phrase would then read "comparable size and condition." Mildred Ehrlich, 100 Ferne Avenue, asked that Council not grant an exception to the condominium conversion ordinance that would apply to the Ferne Apartments. She Wired how information on incomes of people in the apartments at present had been obtained. "Who are the people who have moved to suit Mr. kel l ey? Who are the nine families who need assistance?" She said that a worker at PAHC had accepted Mr. Kelley's undocumented statement about families in the units at present who qualified for financial assistance. She deplored. that one segment of the apartment population was berg played off against another. She risked that tenants be appraised of their~ legal rights not by the landlord but by the City Attorney. Oscar Ehrlich, 100 Ferne Avenue* ascertained that if the present vacancies were to become occupied within the - next fro weeks the new tenants' votes would count among the two-thirds votes needed. He said he assumed his point was clear. $r. Ehrlich calculated rents. the PARC would get and he said he thought it would be Detter if PAHC took the $273,000 in cash that was needed to purchase the low-- to moderate- -Monne housing and use the interest from the money to help individual needs. Ivor Henderson asked if it would be possible to set a date that would preclude people takinglate residency and vote in the condominium conversion matter. se.Raynor agreed that was a r ojor: probelm in the two-thirds method of voting. He did not know if anything could be done about that on this situation but perhaps something could be done for future applications. Caroline Gordon. 118 Ferree Avenue, said she had thought Mir. Kelley would "sneak by and not give r"es i dents of the sect property an opportunity to __ vote on the condominium conversion. She read a pet$tlon signed by 14 residents of the subject property; she said she did not think it was to people's best interests to have half the property low income and the other half pay $125,000-$14O,OO'O. She said that the rental shortage was critical for middle -income people also. She said that she understood from a readirg of the Rental Housing Acquisition program that about one-half the tenants in any building being considered for acquisition should be qualified for the low- and moderate -income program. Did that mean that half the people had to qualify for low-income housing? Mr. Maynor ascertained with Sylvia Semen of the PAHC that that was correct. Ms. Gordon said she did not think that was the case with the property under discussion. What was the income level for low-income housing? Sylvia Semen, Palo Alto Housing Corporation, said that low-income was $13,350 for a single individual household, $15,250 for a two -person household. Ms. Gordon said she did not know where Mr. Kelley got his information; she would like to see it verified. She added that she lived on the south side of the complex. Cauncilasember Renzel asked Mr. Maynor if the project would return to a basic condominium conversion if half the tenants did not qualify for low income assistance. Mr. Maynor said that would be the case. Sometime during the application °eeocess Council would require that the applicant meet the condition that a certain number of units be offered for low- and moderate -income housing. The Housing Corporation (PAHC) would give that concurrence. Louis Fein, 1540 Oak Creek Drive, recommended that Council reject the Ferne Court Apartment exemption and pass the ordinance on the second readirg. He said he did not think the proposed Ferne Court Apartment conversion met the intent of the legislature when it permitted condominium conversions. He did not think the intent was that a partial conversion be made, partly owner -occupied and partly owned by a corporation, in this case PANG. He emphasized that most of the apartments were vacant, a symptom of speculation on the part of the purchaser. He said Council's credibility had already been sireeeht.; when it exempted Oak Creek from the moratorium. Apropos of Oak Creek he cited a letter from Scott Carey sent to tenants which Mr. Fein held gave incorrect and misleading dates, and that he tic ght tended toward coercion. Such a tendency toward coercion, he thought, heuld lead Cluncil to invalidate all consents received after the date the letter from Mr. Carey had been sent. He asked that the City take over the consent procedure. Edeard L. Weinberger, 111 Ferne, said he lived in one of the units on the north side of the complex. He thought that there had been a miscarriage of process. He said he also was concerned about the possible loading of ballots that might come by f# i l i ng the vacant units with people favorable to the conversion as it was now proposed. He asked that mil vote "no.° Sue MacPherson, Palo Alto Musing Corporation* 376 Diablo Court,. said PAHC had been asked to see whether or not there could be a meting of minds on the discrete portion of the subject complex, sixteen units that aired, if :certain conditions prevailed, to be within PAHC's budget. She sa.id.that among other conditions that could have to be met were those of Section 8 federal housing rehabilitation *gram of the Housing and Urban Development any. PAS awaited guidance. from the City. t fore it plod with verifying the status of the .tenants with respect to their qualifying under Section 8. Sheeaid PAHC thought its rent structure could carry the project if nine residents met the low-income requirements. A letter from PAHC had been sent to tents of the subject building to acquaint them with PAHC's program, Couaciiamnber Witherspoon ascertained with Mt. MacPherson that three of the nits in the north building were vacant at present. Under the PAHC contract with the City no tenants would be displaced. 4 6 8 11/24/80 Fred Weiner, 2932 Emerson, spoke for the Palo Alto Campaign for Economic Democracy (CED). CED was against condominium conversion of any kind. CED held that a policy not opposing condominium conversion was a vote that forced tenants to leave the community. He gave his reasons, among which was the belief that conversions invited speculators to increase already inflationary costs of housing. He asked for a full moratorium on all condominium conversions in the City, and that Council subsequently ban the conversion below a specified vacancy level. Robert Moss, 4010 0rme, spoke of the complexities of the matter before Council. He asked how units occupied by two or more unrelated adults would be viewed in the assessment of income level. He noted that affordable housing at the subject building had been reduced to nine units; the middle income group had been excluded. He suggested some amendments that would make the ordinance acceptable to him. Mr. Moss calculated the developer's investment and projected values if the property were resold, and said Mr. Kelley would be making about $1 million within one year if the property were to be resold. He asked that his suggested modifications be made or that Council reject the ordinance. Don Surath, 1930 Ivy Lane, spoke as president of the Palo Alto Area Democratic Association.. The organization had heard a debate November 20 between Scott Carey, realtor, and Louis Fein, resident of Oak Creek Apartments, on the future of the Oak Creek Apartments. From that debate his organization had drawn up some re- commendations for the City Council, and they were now before Councilmembers. One recommendation was that condominium conversion in the City be prohibited unless there was at least a 3 percent vacancy rate among rental units, and 2) that the 3 percent guidelines be applied to all condominium conversion proposals, .hctuding, but not li;nited to, Oak Creek Apartments and Ferne Avenue Apartments. Herb Borock, 3401 Ross Road, urged Council to approve the ordinance before it for second reading for a moratorium on condominium conversion. The intent of the proposed moratorium on October 6 had been to give staff time to consider possible amendments; he thought Mr. Kelley's suggestion embodied in the proposed amending ordinance should be brought before staff just as other suggestions had been and should be, toward the drawing up of an ordinance to be submitted to Council in the spring. The question of process was at the fore; he thought that the proposed improvements in the low- and moderate -income housing would surely be a competitor for Community Development Block Grant (CDBG) funds, and that would compete with other community requests. Mayor arson ascertained with dir. Laster, City Manager, that the hearing on CDBG funds would take place December 8. David lidlo, 420 James Avenue, said he thought conversion of apartments to condominiums would result in a total loss of rental units. He didn't think that he could afford, even in the future, to bay a condominium. He questioned the motives of developers who bought units and converted them. Jim Baer, 152 arson, said he rented, and he was a member of PAHC. He had been involved with negotiations with Ryland kel l ey as a member of the committee on Rental Housing Acquisition. He held that much expertise on the part of PAHC had been brought to beer le hiscommittee's discussions with Mr. Kelley. Mr. Baer thought two issues were before mil, 1) a loss o rental stock, and 2) affordable housing. He out- lined PAiiC`s points of view procedurally and financially that led PAHC to feel the project is worthwhile. RECESS Council recessed from 9:55 p.me to 1O:1O p.m. M yor Henderson cal 1 ed for the vote on the motion before C+ounc i l concerning a moratorium to condominium conversion. MOTION PASSED: The motion that Council approve the ord i nano for a r ratori on condominium conversion for second roading passed oe the following vote: AYES:. Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel ABSTAIN: Witherspoon ABSENT: Brenner, Sher Councilmember levy said the ordinance Council had just passed was flawed. He calculated the cumulative hours Council had spent on the natter, to say nothing of staff time. He thought the tradeoff for the City getting low-income was not necessary ---the Palo Alto Housing Corporation could do that. There were other inconsistencies. He did not favor voting in favor of the second set of exceptions for Ferne Avenue Apartments. Councilmember Renzel said she had voted against condominium conversion exception for Oak Creek, yet she had to acknowledge that tenants could choose to vote against condominium conversion. But there was no rent control and landowners could charge what they liked in Palo Alto, leaving the tenant with much uncertainty. She re- viewed the circumstances that had to be met to obtain permission for a condominium conversion, among those circumstances the necessity of low- and moderate -income units being supplied in the project. She did not find it as objectionable to vote for the exception now before them as it was to vote for the one thet would have taken ten percent of the City's housing stock out of the market. She would support the motion. Councilmember Fletcher said she had great difficulty on the exception before Council, though she liked the idea of 16 units being kept for low-income rental. The present housing market led to a great increase in numbers of people who could not afford the down payments or the interest rates to buy either a house or condominium. She noted that with a corsdoniiium there could be significant increases from month to month in assessments. She spoke of misgivings about the vacancies at the subject property, and who those units night be rented to by the owner. AMENDMENT: Councilo r Fletcher moved, seconded by Henderson, that for tenants to be able to vote in consent of the proposed conversion the tenant must have been a resident in lawful occupancy as of November 24, 1980, and must not be a relative of the developer. Councilmember Witherspoon said she would support the exception. She thought the City's housing policy was inconsistent. She gave her reasons, among them the belief that condominium conversion was a disincentive to the building of rental housing. She thought perhaps the City should try to enrage the building of rental housing and also tie up the rental units that now existed. Counctlmember Witherspoon said she opposed the amendment now before Cecil. She asked if she ecelld be eligible for a lifetime lease were she to move into one of the Ferne Avenue apartments after today. !r. Maynor said the provision would apply only for voting purposes. Tenants in possession would be eligible to apply for lifetime leases. Counci 1 r Eyerly agreed with Counci member Renzel 's eats; he read from Ms. MacIherson's letter to the tenants regarding the 25 -year mortgage to be obtained at 12 percent --very attractive terms. He would vote for the exception. Counci1maeeber Fazzino agreed with Councilmember Eyerly. He thought the City should l+ok ahead to time when the moratorium was lifted. He would support the Fletcher imedNent. he said Council was, in establishing the moratorium, using extrad- ordinary mss because circumstances , were extraordinary. He thought PAHC offered a good long-term solution fie tight the term 'glow -ice sing' should be re lace d by "affordable housing. Councilmember Renzel said she preferred that the t be for ninety days slue it could not be known how long it would be before a consent process occurred. S would, der, support the amendment steting November 24, 1900, as the date. 1 AMENDMENT PAS'€p: The amendment that for tentants to be able to vote in the consent procedure of the proposed conversion the tenant must have been a resident in lawful occupancy as of November 24, 1980, and must not be a relative of the developer, passed on the following vote: AYES: Fazzino, Fletcher, Henderson, Levy, Renzel NOES: Eyerly, Witherspoon ABSENT: Brenner, Sher ORDINANCE FOR FIRST READING AS AMENDED PASSED: The ordinance amending the Palo Alto Mbnicipal Code 21.40.050(c) and granting Ferne Avenue Apartment an exception to the moratcriUm passed on the following vote: ARIES: _ Eyerly, Fazzino, Fletcher, Henderson, Renzel, Witherspoon NOES: Levy ABSENT: Brenner, Sher Councilmember Fletcher asked that the matter of consents obtained after receipt of a letter from the real for by Oak Creek residents dated October 16 be checked by the City Attorney, STOP SIGN AT CHANMING AND HARRIET AVENUES E 1 Counci lmeeber Witherspoon said she thought it would be good for the Policy and Procedures Committee to look at the matter of the stop sign at Harriet Avenue in three months, MOTION: Counci limber Witherspoon moved, seconded by Renzel, that the Policy and Procedures Committee review the matter of the stop sign at Channing and Harriet Avenues in three months. The motion passed on a unanimous vote, Council er^ Brenner and Vice Mayor Sher absent. PROTEST AT PUBLIC UTILITIES COMMISSION_ HEARING MOTION: Councilmember Witherspoon Wired, seconded by Renzel, that staff 'protest that rebates end lie rates obtainable for solar installation by PG&E are not also available to users of Palo Alto utilities, The motion passed on the following vote: AYES: Fazzino, Fletcher, Henderson, Levy, Renzel, Witherspoon NOES: None ABSTAIN: Eyerly ABSENT: Brenner, Sher STATE' OF. COUNC.i REY T DREDGING Cour i l - . r Fazzino said that though he had Cooper -Clark recommendation regarding the yacht harbor he now felt that sane of the charges directed toward Mayor Henderson JOring the recent sign, apropos additional ding were unfair. He wanted to glace that stmt on the r7cord. CANCELLATION F DECEMBER 1 REGULAR MEETING Nona; Miyor Beadersoae4:" , steed bar Fazzino, that the replier meeting of Ditarsber11 be' esoceT .d sot.;e specie) -meting be. held for pa -permute of ti i Ui80 conducting interviews with candidates for the Council vacancy. The motion passed on a unanimous voice vote. Councilmember Brenner and Vice Mayor Sher absent. EXECUTIVE SESSION RE LITIGATION Council adjourned to Executive Session re litigation at 10:42 p.m. FINAL ADJOURNMENT The Executive Session and the meeting adjourned at 11:00 p.m. ATTEST: 472 f /t4/80 APPROVE: CITY COUNCIL MINUTES CITY PALO ALTO Special Meeting 4onday, December 1, 1980 - 7:30 p. The City Council of the City of Palo Alto met in a Special Meeting at 7:30 p.m., in the Council Chaffers, 250 Hamilton Avenue, Mayor Henderson presiding. PRESENT: Brenner (left at 5:30 p.m.), Fletcher, Henderson, Levy, Renzel , Witherspoon (Note: Byron Sher's resignation ABSENT: Eyerly, Fazzino was effective 11/30/80) INTERVIEWS - COUNCIL CANDIDATES Six of the twelve candidates for appointment to the City Council to fill the unexpired term of Syron 0. Sher, ending December 31, 1981, were inter- viewed by the City Council as follows: 7:40 .p.m. 8:10 p.srn. 8:40 p,m. Bob Moss Larry Klein Joshua Goldstein The Council recessed from 9:10 p.m. to 9:30 p.m. 9:30 p.m. Betsy Bechtel 10:00 p.m. Don Surath 10:30 p.m. Joseph Huber ADJOURNMENT The Special meting adjourned at 11:00 p.m. ATTEST: APPROVE: %i _4 7 3 12/1/80 CITY COUNCIL MiNUT€s CITY OF PALO ALTO Regular Meeting December 8, 1980 ITEM Oral Communications Is Robert N. Beatie, 2944 Alexis Drive 2. Lou Fein, 1540 Oak Creek Drive 3. Geoffrey Paulsen, 630 Los Trancos Woods Road Consent Calendar - Action Items Budget Amendment For Receipt Of Grant Funds In Support Of Palo Alto's Solar Program Greer Park Project 79-35 Change Order To Contract With Soils Engineering Consultant County -Owned Birch -Grant Parcel --- Palo Alto Housing Corporation Request For Letter Of Support On Housing Proposal Carpet Replacement —Award of Contract Ordinance Re State Historical Building Code Ordinance Re Order Of City Council Business Ordinance Re Changing Classification Of Property Adjacent to 1405 Hopkins Avenue From PF To R-1 Ordinance Re Regulating Conver•s i on Of Rental Housing To Condomf ni um Resolution Declaring Election Results -- Special Election November r 4, 1980 ( e Palo Alto Yacht Harbor - Measure D) Courtci later Eyerly Re Agenda Item Approp!iatene:=s With New Councilmember Appointment Of A Councilor To Fill Byron D. Sher's Unexpired Term Ending December 31, 1981 Election Of Vice Mayor To Fill Term Ending July, 1981 Ordinance Re One -Year. Lewes Resolutions Harting 1981-82 Community Development Block Grant (COBS) Prorate Buena Vista Mobile Home Park, Transfer Of Enforcement Regulations To The State Est Of Co eflse ers Renzel And Brenner That The City Of Palo Alto To Go On Record As Opposing Aerial SPrAy1 g Of Pialathion PAGE 475 475 475 4 7 5 476 476 476 476 476 476 476 477 477 477 477 4;8 4 .8 0 481 481 474 12/8/80 Regular Meeting December 8, 1980 The City Council of the City of Palo Alto met on this date in the Council - chamber at 7:30 p.m., Mayor Henderson presiding. PRESENT: Brenner (left at 8:40 p.m.), Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Witherspoon ABSENT: None ORAL COMMUNICATIONS 1. Robert N. Beatles 2944 Alexis Drive, said he would speak about rental housing. Hecalculated the expenses a potential owner would have, showing that buying a property for rental purposes was a losing economic effort, and illustrating why rents are so high. 2. Lou.Feins,1540 Oak Creek Drive, spoke of misrepresentations made in a letter written by "the Oak Creek converter." He reviewed the circumstances surrounding the Oak Creek conversion and asked if anything had been dome about possible coercion --was the City going to inquire into his allegations? He stated the things Council should do regarding the p `cess in the Oak Creek conversion. 3, Geoffrey Paulsen, 630 Los Trancos Woods Road, said that although he was a member of the Lee family he spoke for himself as a Palo Alto resident about "...one aspect of Bill Hewlett's development that is in progress now next to Foothills Park." He noted some resulting damage to the fence at Foothill Park and grading going on at Ladera Point as close as fifteen feet to the Park. He deplored the road alignment that the City had approved. Though it was to be a drive for a single family only Mr. Paulsen hoped the driveway could be realigned along a route he could point out to the City Planning 0epartmnet. Mayor Henderson noted that both Mr. Knox of the City Planning Department and Mr. Zaner, City Manager, had rude a note of Mr. Paulsen's dents. CONSENT CALENDAR Councilme ber Levy said he would like to have his "no" vote recorded on the matter concerning the ordinance to regulate conversion of Rental Housing to condominiums. Referral Items None. Action Items None BUDGET AMENDMENT FOR RECEIPT OF CRANE FUNDS Staff recommends that Council authorize receipt of grant funds and approve a budget amendment arming $4,395 to the Utilities Conservation budget. ORDINANCE 3247 entitled "ORDINANCE OF THE CITY COLINCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1980.81 TO PROVIDE FUNDS FOR " SUPPORT OF SOLAR PROGRAM DEVELOPMENT AND TO. PROVIDE FOR {RECEIPT OF REVENUE FRO THE CALIFORNIA .RGY COMMISSION." e" 475 12/8/80 GREER PARK PROJECT 79-35 WITH 501LS ENNINEERINt CON JLTANT (CMR:523:0) Staff recommends that Council authorize staff to execute a change order to contract SO -9361 with Terrasearch, Inc., increasing the maximum total cost to $13,500. COUNTY -OWNED BIRCH -GRANT PARCEL -- EST SAL (CMR:519:0) Staff supports the Palo Alto Housing Corporation request to the City Council, and recommends that CeIncil authorize staff to prepare an appropriate letter for the Mayor's signature to be sent to the County Board. (This action does not constitute a project under CEQA and no environmental assessment is necessary at this point. CARPET REPLACEMENT --AWARD OF CONTRACT (CMR:510:0) Staff recommends that the Mayor be authorized to execute a contract with Interior and Textiles, Inc., on behalf of the City. AGREEMENT} -CARPETING Interior and Textiles Inc., B.E. Austin ORDINANCE RE STATE HISTORICAL - —___-- secorr rea Ong ORDINANCE 3248 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING SECTIONS 16.04.450 AND 16.04.460 TO THE PALO ALTO MUNICIPAL CODE ADOPTING THE STATE HISTORICAL BUILDING CODE." ORDINANCE RE ORDER OF CITY COUNCIL BUSINESS 1 second re TffTng ORDINANCE 3249 entitled "ORDINANCE OF THE -COUNCIL OF tHE CITY OF PALO ALTO AMENDING SECTION 2.04.060 OF THE PALO ALTO MUNICIPAL CODE REGARDING THE ORDER OF CITY COUNCIL, BtSINESS." ORDINANCE RE CHANGING CLASSIFICATION OF ratr. E T .sue e ng ORDIN E 3250 entitled 'ORDINANCE OF THZ iTfiit'OF THE CITY OF PALO ALTO AMENDING SECTION 1M.08.04-0 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASS I F I CAT ION OF PROPERTY ADJACENT TO 7405 HOPKIi S AVENUE FROM PF TO R-1." ORDINANCE RE REGULATING CONVERSION rsiarirFel ORDINANCE 3251 entitled "ORDINANCE OF THE COUNCIL PALO ALTO ADDING SUBSECTION (1) . TO SECTION 21.40.050(c) OF THE PALO ALTO MUNICIPAL CODE REGUUTI THE CONVERSION OF RENTAL HOUSING TO CONDOMINIUMS." RESOLUTION DECLARING ELECTION RESULTS -- RESOLUTION 5856 entitled "RESOLUTION OF THE COUNCIL CP /HE CITY OF PALO ALTO CECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON NOVEMBER 4, 1980. MOTION: Council rnber Witherspoon moved. seconded by Levy, that Council approve the consent calendar, Council aer Levy voting "no" on the ordnance regarding condominium conversion. The motion passed on a unanimous vote. COUNCILMOIBER EYERLY RE AGENDA OUNC I LMEMBER Councilmember Eyerly said he thought it might be appropriate to have Council agree to limit the voting on the ordinance regarding one-year leases to those Coucil rs who had participated in discussions on the first reading of the ordinance. Roy Abrams, City Attorney, said that Item 15 was a legislative act which does not require a due process hearing where one, takes in evidence and makes a decision based on that evidence. Any Councilmember could vote on that ordinance. even though he or she had of heard testimony. MOTION: Councilmember Eyerly moved, seconded by Witherspoon, that Council bring the ratter of ont •year leases forward on the ?agenda. The motion failed on the following cote: AYES: Eyerly, Levy, Renzel, Witherspoon NOES: Brenner, Fletcher, Henderson, Fazzino APPOINTMENT OF A COUNCILMEMBER TO �61f..Ni411. Mayor Henderson said all twelve applicants were eligible for being voted upon that evening: Betsy Bechtel, Jay Field, Elvin F. Garwood, Joshua Goldstein, Joseph H. Huber, Lawrence A. Klein, Charles Kubokawa, Florence Lynch, David A. Midlo, Bob Moss, Don Surath, Lynn Torin. First Ballot Second Ballot 0 Eyerly Kubokawa Fletcher Bechtel Bremner Bechtel . Henderson Klein Reuel Bechtel Fazzino fiber Witherspoon #saber Levy Klein Third Ballot Witherspoon Huber Levy Kl e i n Renzel Bechtel FaZzfno fiber Henderson Klein n Fletcher Bechtel F,yerty Huber Brenner Bechtel Foiirth Ballot Levy Kl c i n Witherspoon Huber Renzel Bechtel Levy Kl e i n Fezzino Ater Orly Huber Henderson Klein Bar. Bechtel Fletcher Bechtel Fletcher Bechtel Eyerly Huber Henderson Klein Brenner Be07,htel Renzel Bechtel Witherspoon Huber Fazztne Klein Fifth Ballot Witherspoon Renzel Levy Fazzino Henderson Fletcher Brenner Eyerly Huber Bechtel Bechtel Klein Bechtel Bechtel Bechtel Huber City Clerk Ann Tanner announced that Betsy Bechtel had received five votes on the fifth ballot, and was therefore appointed to fill the vacant seat formerly held by Byron D. Sher, for his unexpired term to December 31, 1981. MOTION: Councilaember Fazzino moved, seconded by Fletcher, that election of Ms. Bechtel be made unanimous. The motion passed on a unanimous voice vote. Councilmember Bechtel read aloud the oath of office: °`I, Betsy Bechtel, do solemnly swear that I will defend and uphold the Constitution of the United States and the Constitution of the State of California against all enemies foreige and domestic; that I will bear true faith and allegiance to the Constitution of the Unted States, the Constitution of the State of Ca:if)rnia and the Charter of the City of Palo Alto; that I tr;ke this obligation freely, without any mental reservation or purpose of evasion and that I will well and faithfully discharge the duties upon which I am about to enter. Councilmember Bechtel signed, under the witness of City Clerk Tanner, the Oath of Office. She then took her seat on the podium. Mayor Henderson welcomed Council ber Bechtel to the Council. Councilmember Bechtel reaffirmed her intent to work cooperatively with the citizens of Palo Alto and ors of the Council. ELECTION OF VICE MAYOR TO FILL. L rP , �FL111..IM.i $ ! First Ballot Levy Henderson Eyerly Brenner Fletcher Bechtel Fazzlno Renzel Witherspoon Fletcher Fletcher Witherspoon Fletcher Fletcher Fletcher Witherspoon Fletcher Witherspoon City Clerk Ann Tanner announced that Councilmember Fletcher had been elected to the office of Vice Mkyor for term ending July, 1901. Mayor Henderson extended the congratulations of Council to Vice Mayor Fletcher, who accepted the office stating her pleasure at Councilmemters E confidence in her. ORDINANCE RE ON -YEAR LEASES- Secodra 1 l 121 s�rs.r� ri®rerm.rr iow�r . A 480 POTION: Moor Henderson axed, seconded by Levy, that Council ,.bring the matter forward on the agenda for considerston at the present time. The action passed on the following vote: AYES: Smear, Fazio, Fletcher, Henderson, Levy, Renzel lechteD , Witherspoon NOES: r l/ ' Councilor ember Brenner said that though she had not been in the Councilchamber when the matter had been before Council she had listened to discussion of the matter by Council on the radio and she felt she was up to date on it. MOTION: Councilmember Renzel introduced the following ordinance for second reading, and, seconded by Fletcher, moved its approval by Council: ORDINANCE 3253 entitled "ORDINANCE OF THE COUNCIL ' "ITV PALO ALTO ADDING CHAPTER 9.68 OF THE PALO ALTO MUNICIPAL CODE REQUIREIHB LANDLORDS TO OFFER ONE-YEAR LEASES TO POTENTIAL TENANTS OF RESIDENTIAL HOUSING." Councilmember Eyerly referred to an article by Robert Bruce on Movember 29 in the Times Tribune stating that apartments were not good investments in areas where there was rent control; single family rental houses, exert from rent control, usually were good investments "Never invest in property subject to rent control or threatened by it," he said Council ember Eyerly said that he thought enactment of rent control ordinance would be the first step toward rent control. Mayor Henderson►said he thoughlt the ordinance was not rent control since renters could sign leases which might include the landlord's right to increase rents as he saw fgt. Alfred Hays, Box 225, , --. . . rent _i property __ _ . via,. r7 F 4Y said - ha hod 1iRr?Z�J TCTiiii r for and he had always insisted on a year lease. He thought the proposed ordinance helped neither owner nor renter. Councilh ber Bechtel said she had been present during the public hearing on the proposed ordinance and had heard the testimony; she concurred with Mayor Henderson that the proposed ordinance was not rent control. She supported the ordinance for second reading. Councilmember Renzel said that some years back she had net wanted to sign a lease "for such a long period of time" as one year but she learned as the year passed that the lease had given her a sense of security about her residence; the proposed ordinance would give tenants advance warning of changes in their rental status and that was a plus in this tight rental market. Councilor Levy said the Council had shown it did not favor rent control; he regretted that the one -year -lease ordinance was referred ton if it were rent control. m rf years Go 1i_ r Brener mid that a -,year lease protected tenants' invest- ments in moving to a era ate -the landlord still had the control though he had to offer a lease. She had heard about landlords who had offered tenahts.;lower rents if tie taunts would forgo a lease, but she thought the tenant was entitled to some protraction against having to rave. Couneilmmeber Eyerly said the ordinance was rent control because the landlord could not raise rents for one year. He thought the ordinance would affect the rental market adversely --the _ landlord would then raise rents yearly, and that had not al is beim the case heretofore. Then, he predicted, renters would agaie cam to Council asking for rent control. Mayor Henderson noted that the landlord could raise the rent only if it were so stated in the or lease. CIO PASSED: The notion approving the rear_ lease ordinance passed on the following vote: AYES; Burners Fletcher, Henderson', Le ys Reneel , Bechtel N S: X17: Fiazitmo'Nitherspooa 7 RESOLUTIONS ADOPTING 1981-82 COMMUNITY DEVELOMET g ,.�. ..�_.� .y... (CMR: 517:0) Mayor Henderson said Council was now holding the second of two hearings on 1981-82 CDSG program. Council would approve a program to be included in an appl icaitan to the Department of Housing and {Urban Development (HUD) . Councilmembers had in their packets the recommendations of the Finance and Public Works Committee. The Committee also recommended a transfer of $50,000 in 1980-81 CO8G funds from the landbank account to the Community Association for the Retarded Adult Services Center project, and the Committee recommended Council endorse two programs with CDBG funding from the county: 1) Birch -Grant parcel, $500,000 2) Terman School site, $175,000. MOTION: Chairman Henderson, (filling in for resigned Chairman Sher,) introduced the following recommendations of the Finance and Public Works Committee and moved their approval by Council: The Finance and Public Works Committee recommends by unanimous vote approval of funding of $800,000 as detailed in the Committee minutes of November 19, 1980; The Finance and Public Works Committee recommends that $50,000 for Community Association for the Retarded be taken from the -1980--81 Housing Land Bank funds; and the Finance end Public Works Committee recommends that Council A. Find that the proposed 1981-82 CDBG program will not have a significant environmental impact; 8. That staff be authorized to submit an application to HUD to include Palo Alto's 1981-82 C08G program; C. That Council endorse the landbanking proposals to be submitted to Santa Clara County for COBG funding. RESOLUTION 5957 entitled "RESOLUTION OF THE COUNCIL OF WE C 1fY I PALO ALTO APPROVING THE REPROGRAMING OF 1980-81 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS . " RESCLUTleo E858 entitled "RESOLUTION OF THE COUN TL OF THE CITY OF PALO ALTO APPROVING THE USE OF 1981-82 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS." RESOLUTION 5859 entitled "RESOLUTION OF THE COUNCIL OF T)EE CITY OF PALO ALTO ENDORSING PROPO .ALS FOR COUNTY . COMMUNITY DEVELOPMENT BLOCK GRAN'F+ ING . w Mayor Henderson expressed appreciation of work done by the Citizens' Advisory Group, naming Richard Placone, chairman of the group, along with Glenn Miller of the Planning Department of the City. MOTION PASSED: The motion that Council approve the recommendations and the resolutions pertaining thereto passed on a unanimous vote. City Attorney Abrams observed that Mayor Henderscn had n t' decl ared the publ i c hearing open. Mayor Henderson acknowledged his oversight and said he would entertain a motion to reconsider the recommendattons.,. NOTION: Councilmember Refuel moved, seconded by Fletcher, that Council reconsider the matter of COBS funds. The motion passed on a. 'Tanieaoos vote. Mayor Henderson decl ar+i . & t � ®pbl i t hearing Pen - Jill -Coelho; 1824 Park Coulevard, said that though she had;i t hed an opportunity to speak the matter she had wished, theiteal_ f',d 'passedv and so she withdrew her wish to speak. Mayor Henderson ascertained that no more speakers wished to be heard on the matter, and he declared the publ i c hearing closed. MOTION: Councilmember Renzel moved, seconded by Levy, that Council approve the recommendations and the resolutions pertaining thereto. The motion passed on a unanimous voice vote. BUENA VISTA MOBILE HOME PARK TRANSFER t E (CMR:502:0; 520:0) Mayor Henderson noted that City staff had discussed removal of responsibility from the City for inspection of the Mobile Home park to the state, and that the mobile home park residents supported that transfer of responsibility. Councilmember Renzel ascertained with Naphtali Knox, Director of Planning and Community Environment, that there were about 104 units at the mobile home park; state regulations of mobile home parks were about the same as City control would be and state law superseded City law. It was not likely that the state would find some reason to close the park --the state inspected electrical hookups, water quality, animal control and the like. The mobile home park provided a significant amount of the affordable housing stock in Palo Into. The City would still issue building permits and zoning. The aera was now zoned CN, and the park was a non -conforming use, but the City did not amortize residential uses and so City codes would not jeopardize the park's existence. Councilmember Witherspoon ascertained that inspectors for the state would originate from San Jose. MOTION: Councilmember Levy introduced the following resolution and, seconded by Witherspoon, moved its approval by Council: RESOLUTION 5860 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CANCELLING ITS ASSUMPTION OF RESPONSIBILITY FOR ENFORCEMENT OF THE MOBILE HOME PARKS ACT AND RELATED REGULATIONS OF THE CALIFORNIA ADMINISTRATIVE COUE IN THE CITY OF PALO ALTO." The motion passed on a unanimous vote. REQI T OF MiNCILMEMIERS RENZEL AND WI RECD AS OPPOSING AERIAL PRAY1P o OF MALATHION Councilmember Brenner said she was strongly opposed to. spraying "...the whole area by a toxic substance such as Malathion." She recalled days when it was thought that DOT + s the "final solution," and that had been "...proven wrong ninny years too late." Though stripping the trees might be "tedious' she thought it could be 'more effective." Councilmember Renzel said she thought Nalathion spraying would "...kill off good bugs as well as bid." Sege. said .that in the winter, as it was now,. Medfl ies were in pupa or larva state -and would not be reached by spraying. She thought a program, with students volunteering to help elderly people get fruit off their trees that stripping would be most effective and also it was not dangerous. MOTION: Councilmember Reuel moved, seconded by.. Brenner, that Council go on record as opposed to aerial spraying of Mslatlrion and to aerial flights at al ti iudes of 300 feet, and that waa be sought to get student volunteers to go door to door to pick fruit; -further„ that a full scale environmental impact report (EIR) be prepared an proposed aerial spraying, and that Council ask the FAA to hold the City haraless foranyadverse results from spraying." Couaci lme per Bremer left the Councilchamber at • 8:40 p.m. Councilmember Renzel said she fruit trees bowing thltY t le were not stripping their . sPrartd Shannon Wilson, Emergency Program Coordinator, U.S. Department of Agriculture, Plant Protection Quarantine Program, Hyattsville, Maryland, said he welcomed the idea of stripping fruit —he disagreed it could be a final solution. He said ornamental shrubs and trees were hosts for millions of Medflies, and and they would not be stripped. His department considered the fruit fly the most serious threat of fruits and vegetables in the world. !t had been found seven times before. He outlined the size of the threat and the program his department proposed: six applications of 2.4 ounces sprayed per acre would bring the Medfly population in this area down to a population size that could be dealt with with the sterile Nedfly to be released to crate with Medflies and hence bring forth sterile Medflies in turn. The six applications would take the Medfly's life cycle. That would be a 'last- ditch effort." The area infested had grown from about three square miles to about 100 square miles. He said freezing temperatures would not kill the Medfly for a study had shown that the fly had wintered over three to four years in Germany, possibly longer; it wintered over in Paris. One set of figures showed that the fly had wintered over in Peru at about 9000 feet. For purposes of releasing flies they had been blue -ice packed at about 400 to prevent their metabolic heat from building up and thus destroying the pupas and the flies had survived "very nicely." That indicated to him that Santa Clara did not afford the kind of weather that would "...knock out the fruit fly." Fruit flies had been around here since October of 1979. He thought that waiting to spray in the spring would be too late because with ornamental fruit and berry trees the population would have grown too high by then. Six applications were needed to kill pupa as they emerged from the ground. Councilor Fletcher asked if the Plant Protection Quarantine program would fund a mass mailing program to Palo Alto citizens, the program to include plastic bags for holding fruit and the like? Mr. Wilson said his department would support local programs that were positive to retard the spread of the ledfly. He emphasized that such a program would not eradicate the pest. Cour;cileer Levy asked if Palo Alto was infested —he had understood that it was on the periphery e;f the infested area. Mr, Wilson said that was not correct; a number of infestation sites had currently been identified in Palo Alto. The n or infestation was in San Jose, Santa Clara, and Sunnyvale. There were also numerous sites in Mountian View, Palo Alto and Los Altos. Counc11rr er Eyerly ascertained with Mr. Wilson that an insecticide as effective as Piaiathion was rheas, or Dibrom, both names for the saw product which was st mt more toxic. Councitawe Lev Fazzino said that local concern was for spraying's effect on other insects and on tin life. I. Wilson replied that his companion, Dr. Maddy, would speak to that concern. Heagreed that Malath1 was bpi-spercturan insecticide and wvuld affect other insects; populations of otherinsects was dowry- at this time, however, mid the large -droplet spray would not be so attractive to them. Palathion would reduce the population of wild bees but would not eradicate them. Registered beekeepers amid be'contacted. Roy Abrams` City Attorney, said an environmental *Put statement was being. prepared by the federal authorities. Mr. Wilson replied that an environmental impact statement was not being prepaid, The length of tip -.required to draw O such a statement, 120 days, would opiate the need for one. t:1s. depart, however, ' i 1 l go with an env i r tal asses sit , going through the Council for environmental quality on an emergency basis. This is how we ere going to pursue it. Councilmember Bechtel ascertained inned that ornamentels such as pyracantha bushes could also be stripped, although the totality of such an endeavor could' not be epproached very well. Vice Mayor Fletcher ascertained with City Attorney Abrams that the national government operated under its own environmental requirements and since it was not known whether or nor the State of California itself was taking any action h� did not know if California Environment Quality Act (CEQA) was or was not being violated in this specific chatter --if it were the CEQA require- ments bright apply to the proposed federal act. If CEQA did apply a negative declaration was sufficient. Councilmember Renzel spoke of the Medfly overwintering. Mr. Wilson replied that the proposed six applications would bring the Medfly population to a point where sterile fruit flies could be effective. Sometimes the Medlfy's life was a swift as 26 days in the summer; in the winter it extened to 50 days The U.S. Department of Agriculture was trying to get a sterile fruit fly rearing facility established in Hawaii to increase the present weekly produc- tion of about 20 million flies, with about 80-100 million sterile flies being obtained from Mexico now. Costs prevented establishment of a fly - rearing site, along with dWiculty of finding a suitably barren site, such as a proving ground for missiles in Nevada or in the plains area of the Dakotas. About 18-20 months would be needed to effect production after a site was found. Mr. Wilson stated that Hal Jones, Chief of the Division of Plant Industry for the State of Florida was present that evening also. Dr. Keith Maddy, said he had been a scientist with the National Institute for Health for ten years; he was now retired. He had been in the Health and Safety Unit of the California Pesticide program. He said that it had seemed that the Integrated Pest Management Program had needed some bolstering with pesticide application by air. He reviewed the background of the decision to spray Malathion by air. Malathion had been assessed by four toxicolo- gists and was found to be one of the safest organophosphates available; he said it had been assessed from the standpoints of mutagelicity teratogen- icity, carginogenicity, adverse effects on sperms and cute toxicity Malathion, with the proposed dose rate, posing the fewest hazards to man "..,almost in the negligible range." He cited instances, such as dusting a dog for fleas, that posed more hazard for toxicity. Hazards for dermal exposure were slight with the proposed large -droplet spraying. Though he represented the State Department of Agriculture he would not state Malathion was safe if it were not, he said. He listed the toxic substances his department had been instrumental in having removed from the market for pesticides. Councilmember Eyerly noted Malathion in bottled form had been taken off try retail market, though it was stil ► available commercially. Mr. Maddy said Malathion was still available in retail stores in many formulations; one was 50 percent dust for use on residential plantings. Vice Mayor:° Fletcher spoke of the life cycle of the Medfly--how effective would spraying with Malathion be compared to concentrated fruit stripping? Mre. Maddy replied he could speak to toxicity but not to the entomological aspects of the pest. Councilmember Levy ascertained that Malathion had been used in Florida in 1953; Mr. Maddy knew of one Malathion spraying in 1956 here in the Central Valley of California at three times the proposed dose rate, to rid Central Valley tours of mosquitoes. A Dr. Dwight Culver, Department of Occupational Health, had documented that spraying for journals. No effects had been observed in an; blood tests were restive for coionestrates. Dr. Culver could say whether or not there had been effects on children. Mr. Maddy cited in- stances of fairly routine houseplant and yard plant use that posed much higher danger of toxicity. He said the re-entry (to the field by agricul- tural workers after spraying by Malathion) had been set for one -day and he said that showed its low toxicity. He stated "...we are extremely fortunate that this particular fly ;is exquisitely sensitive to this particular perticide." Mayor Henderson noted that it was recommended that some automobiles should be covered before the spraying and that children should be in school, and said he had some feelings of misgivings from those recommendations. Mr. Maddy rep1did that Melatblon contained a chemical radical that seemed to 46.3 14100 interact with certain lacquers that could lead to finishes on cars being damaged. Hal Jones, Division of Plant Industry, State of Florida, said the citrus industry in Florida was its third largest industry. He outlined a Malathion spraying program in 1956 in Florida, also undertaken in 1962 and 1963 and no injuries to health had been reported by the entmologists. He said Malathion was effective for mosquitoes also, very abundant in Florida. He said thet state had stripped fruit in 1929, but reaction_Py.C1t#zens.had been ferocious. The state would have been inundated with fruit flies had Malathion spraying not been done in 1956 and other years. Weekly spraying with Malathion for mosquitoes was cone during the summer in Fort Myer, and no injuries had been reported. Dr. Ken Peters, said he was an internist practising in Mountain View and he was on the clinical faculty at Stenford`s Department of Medicine. He said Malathion, an organophosphate, worked as a nerve transmission inhibitor. With heavy doses there was acute toxicity --vomiting, nausea, headache, respiratory difficulty and sometimes complete respiratory failure. He said it was not impossible for a low -flying airplane to have a catastrophic event. He thought there were chronic effects from Malathion toxicity. He quoted conclusio s from studies of the chemical on rats and mice that indi- cated Malathien was toxic. He thought those findings had to be disproved. One study done on humans showed there was resulting chromosomal aberrance resulting freer Malathion application. No research had been done on an impurity of the accompanying chemical called Isomalathion. He said Council - members had literature on the subject before them which he had given them. He thought the potential "grave dangers and tragedy" made the time too early to try out the spray. CouncilmeFnber Fletcher noted that the dosage was low and that there would be repetitive use: would there be cumulative effect? Or. Peters said that there was no information that the relative dosages that would be carcinogenic --with no data he thought it should be assumed that low levels would cause chronic damage. Or. Ken Hagen, etymologist with J.G. Berkeley, acknowledged that the Mediterranean fruit fly posed a serious threat. He said his specialty was biological entymological control --he thought the pest could be managed and reduced but the quarantine aspect and possible export of the pest could not be managed. He said there weae a trheshold for development of egg, larvae and pupa, it was established at 560 F. He said that in this area the mean temperature in 1977-78 had been above that threshold in January, February and March. There had been three days above that temperature in 1978-79 and in 1979-8O, twenty-three days, so sprays were not getting eggs, larvae or pupa. Adult flies had to be attracted to the bait to be killed. He did not know for sure but the flight threshold might be about 650 and there had only been eight days in 1977-78 during which adult files would be flying, in 1979-80 there had been a total of 19 days. The fly had to be in flight to be killed. Otherwise the fly was hidden. He thought aerial spraying should be postponed until spring or a generation could not be killed. Perhaps it would not be necessary to spray if not many adults survived the winter. Councilmember Witherspoon ascertained that now many Medflies had survived the wintercould be known by checking the fly traps, then there could be an application within five days of the catch. Councilmember.Bezel referred to literature that had said that temperatures below freezing wild kill all stages of the Medfly. Dr. Hagen said he had been amazed to read that 3-4 hours below freezing would kill most eggs, larvae and pupa b&t they shipped pupa at 400. One study had said temperature had to be 320 for seven days to kill the eggs, larvae and pupa --an early Hawaiian study. He thought the U$(M amid have information on a flight threshold. He did not think spraying right now old kill many flies. Councilaembar flotcher:asked Dr. Hagen his opine on the effectiveness of a fruit stripping program. Dr. Hagen replied "Ch, it can't hurt, by any means. T think it's good..." Mayor Henderson asked if Mr. Wilson had information on the flight threshold. Mr. Wilson agreed there was a flight threshold. He said that fly traps had picked up 1590 Medflies December 7, a significant number though weather had been quite cool ---somewhat below 650 he thought. Only a few hours were needed for the fly to move around. Counci lmember Levy asked what were the proposed spraying to Mr. Wilson said that he would immensely larger area." RECESS: Council recessed from 9:30 to 9:50 p.m. Mayor Henderson said that even if the federal government did the spraying the City government was held responsible if anything went wrong. Was there a provision in the process in which the federal government held the City harmless? Mr. Wilson replied he would present that question to the department's general counsel; he would be in touch with the City as soon as possible. Mayor Henderson told those citizens waiting to speak on the subject that all Councilmembers had received many phone calls and letters from the public already. He urged them not to be repetitive if possible of one another's statements. kind of program Mr. Wilson would reco m end he postponed until spring. be recommending a similar program for '°...an Virginia. Kolence, 3591 Louis Road, represented Wild Life Rescue, that was concerned for year round arid migrating birds hereabouts. She said that delayed spraying would be more hazardous since the area was on the Pacific flyway with many birds resting here while passing through to summer feeding areas. She said °Nature always produces survivors." She cited the super -flea lodging with household pets, now resistant to sprays and flea collars, necessitating the use of flea combs and detergent baths. She feared that a "super" Medfly might be produced. Kip Lipper, spoke as Administrative Assistant to Byron Sher, now Palo Alto's Assemialyman to the California Assembly. He read from a letter Mr. Sher has sent to Richard Roidnger, Director of the State Department of Food and Agriculture, saying he thought the departments concerned should evaluate all possible alternatives before resorting to the drastic measure of aerial spraying. Mr. Lipper said Mr. Sher's office was in contact with the Department of food and Agriculture and the federal task force assembled for scrutiny of the Medfly controversy about its control. Mary Kyle McCurdy, 2253 Park Boulevard spoke for the Loma Prieta chapter of the Sierra Club, and its pesticides task force. She reviewed the background on the current Medfly crisis leading to a recommendation to undertake aerial spraying. She gave figures on times of the Medfly's vulnerability to spraying and concluded aerial spraying posed more risk to the environment and people than to the Medfly itself. She said few fruit flies could survive the low and/ or high temperatures (over 1000) that occurred in the Central Valley. The letter stated that fruit rival was the soundest program for Medfly control at the present time. She said that all the 152 larval Medfly infestations had been found on residential property. She thought volunteers and owners could join in an effective program. Mika Kopell, 2253 Park Boulevard, spoke for the Peninsula Conservation Center She said PCC was strongly opposed to_Malathion spraying. PCC favored biological controls, such as sterile fruit fly release, or fruit stripping. Elaine B. Lotter, 739 Layne Court, said she was chair of the Social Concerns Committee for the Unitarian Church of Palo Alto. She read a resolution of her committee_ and the church opposing serial spraying and stating their reasons. She cited the nutagenic effect of 4ial,thion as one such reason, and she said biological controls were favored over aerial spraying. 415 12/8/80 John Rogers, 9?1 Maddux Drive, questioned the lack of information on long- term effects of spraying Malathion. He hued Council voted "no." Fred Weiner, 29.32 Emerson, said he and neighbors had received a Bureau of Agriculture Handout regarding the Medfly spraying program and saying chil- dren and pets 'should be kept away from foliage and grass for sevdn days, yet saying the pesticide was the safest in use at the present ime. He said he thought the community should have less contradictory information if it were to make a knrwledgeable decision. He posed the question "Is the government responding to the economic impact on Agribusiness in the Santa Clara Valley or is it reacting to the nutritional need of the community?" Dave McFadden, 921 Maddux Drive, said he represented a new group called "Peninsulane- against Toxic I'_azards." His group favored Counci lmember Renzel's motion and t.:tally opposed serial spraying. The group, PATH, favored the integrated pest management program as used by the John Muir Institute. William Cane, 636 Webster, spoke both es an individual and as a member for the Campaign for Economic Democracy. He said he did not want to discover that anybody had cancer in twenty years as a result of spraying at this time. He noted Malathion's effects were still under study. He favored strip- piee trees rather than "a quick chemical fix" for Medfly control. He said he would like to know what the cancer rate at Fort Myer in Florida was at present. Pamela Levine, 2198 Monterey Avenue, Menlo Park, noted the inconsistency of the ''safety" of , aria1 spraying oy Malathion being scheduled for times when children were lo school, Bodil Gordon, 633 Channing Avenue, spoke of the precautions that had to be taken agianst this :'safe" spray. She expressed her anger at learning that the matter concerning the second reading of the ordinance on on -year :leases had been settled, when she had taken the trouble to ascertain what time of night it might be heard and arrived at the meeting accordingly. Jack Miller, 3736 Cass Way, emphasized the hazards to health posed by another ...chemical being dumped in the air." He questioned costs for moving a beehive, and a possible safe location. He wondered who would pay for the cars whose lacquers were damaged. 6 Emily hawalinski, 527 Tennyson, submitted two pages of signatures that she had collected that evening of people opposing aerial spraying of Malathion and two pages of signatures gathered at Ecology Action. She said that the 15XX flies said to have been collected yesterday were all sterile male flies, showing thatthey were the flies that had been released --not one female fly had been collected. "I think the problem has already been solved." Geoff Paulsen, 630X Los Trnacos Woods Road, asked if ground water would show Malathion contamination. He asked if Malathion would show up in the honey made by bees after spraying, and did any native species of berries serve as hosts to Medflies? Patti He men, 348 Tyrella Avenue, Mountian View, said she was an Environmental Education and Gardening teacher in Palo Alto at Keys School. She strongly opposed Malathion spraying. Would she have to say to children, as she still had to do about pollution, "We're still learning."? She held that it had already been "learned that Malathion was hazardous. She said she wanted to have children and had learned that in Oregon, a portion of which had been sprayed by Malathion, many children were born with deformities. Petty Waters, 1020 Maverley, Menlo Park, said she was opposed to spraying. Since those in the area were now aware of the Medfly problem they could attack the Medfly population in the spring if the pest overwintered. She wondered why s Wilson had not wanted to strip fruit trees when the infestation was & ,{;covered several months ago. She wondered what would be done to amel i orate possible health defects that might be, engendered by aerial spraying. Thomas Moutoux, 1087 Newell Road, agreed with the points made by represen- tatives of the Sierra Club and the Peninsula Conservation Center. He did not think sprayiigs should be done; he favored stripping and other biological controls. Sheindel Shapiro, 3390 Vernon Terrace, listed the hazards of Malathion spraying. In a choice between economic interest and health interest she chose health. She asked that Or. Hagen speak on the inconsistencies of the federal report. Sue Rappaport, 267 Curtner Street, said she thought it was outrageous to have aerial spray, especially for nursing mothers. She said she felt powerless to forestall it. She thought the directive from the people was clear against spraying. Michael O'Conner, 2727 Midtown Court, said he was a physicist, and he was struck with the fact that it was not allowed to give chemicals to people, even though it was in small dosages, but that this proposed spraying was in fact that experiment. "This is Malathion Hiroshima," he said. He said Malathion was not commonly applied to people, Malathion was commonly applied to bugs. He wondered if backyard bugs, as he said, had developed an immunity to the chemical and the program of spraying might fail with another request to spray soon to be forthcoming. He held that the costs to growers of fruit might be high, but the cost to people might be in perpetuity. Pat de Lemons, 37/ Eleanor Drive, Woodside, said she belonged to Wildlife Rescue. At a recent meeting in San Jese it had been learned from a speaker from the Agricultural Department that no information was available on the effects of Malathion on humans. She noted that this area was not rural, but urban. She said that the spraying program was "...a political plume," and a political football, passed from one department to another. She noted that surface -feeding fish were killed by Malathion spraying. She said that the Medfly was now in pupa and larvae stages and therefore hidden; from the effects of spraying. Lisa Piercey, 471 Charming Avenue, spoke for a group called Youth Evolving Solutions, that inquired into policy decisions being set now that would affect future generations. She thought Councilrr nbers were such people who should take the effects of present actions on the future into account. To look forward would be another way for Palo Alto to set the trend of con- sidering the future. Dr. Ken Hagen said there had been an inconsistency in Medfly studies that showed 400 temperatures caused death of the Medfly yet pupa were being shipped at that temperature. He wondered if it was more than 400 inside the container; Messenger and Fleers' paper of the 1950's gave that information about the 400 mortality of the Medfly, he said. Mr.Wilson acknowledged that metabolic heat in the pupa containers was perhaps higher than 400. Cargo holds of airdraft were about 50. When the icepacks arrived they were frozen. Temperature of 320 was used to inactivate the fly for shipment. Councilm ber Levy ascertained that the 1500 Medflies caught in traps were in fact sterile. Mr. Wilson replied the flies were sterile --he said his point had been that the Medfly, sterile or not, flew at present cold temperatures. Councilmrmember Fazzino said he was persuaded to go very slowly in acknowledgement of hazards to humans from the spraying. After weighing the evidence he would vote "no.'s He would encourage the fruit -stripping approach. He outlined ways that approach could be implemented. Ccuncilmeater Witherspoon summed up that the City had control only in fruit stripping and aerial spraying as mentioned in the motion. City Attorney Abrams said that one weight conclude that the state had authority over aerial spraying but he had not inquired into it throughly. 487 12/8/80 Councilmember Witherspoon asked that the City require a full LIR to be prepared on the natter of aerial spraying. Councilmember Levy said he opposed the aerial spraying program --"...it is the pesticidal Dark Ages." He favored tree -stripping with the help of volun- teers. Vice Mayor Fletcher said she was very impressed with the extent of informa- tion provided by people in the com munity, along with their expression of feel- ing on the subject. AMENDMENT: Vice Mayor Fletcher moved that an intense program of education be undertaken to inform the community about the need for fruit stripping. Vice Mayor Fletcher said she would encourage more than just a mailer in the utility bill on the matter. She had learned that only about 11 percent of people read utility bill :nserts, and this situation was more urgent. She thought plastic baps could be delivered to households to hold the stripped fruit for pickup by the City. She hoped the financial aid from the U.S. Department of Agriculture might be forthcoming. Mayor Henderson Said he would include Vice Mayor Fletcher's comments in the main motion. Councilmember Fenzel said this issue had resulted in more contacts to her from citizens than any other issue. She shared their misgivings about aerial spraying. She thought Council should ask the Food and Drug Authority to hold the City harmless for any adverse results of spraying. Mayor Henderson said he would incorporate that 'hold harmless`' provision in the motion. Councilmember Bechtel said she concurred with statements Councilmrbers had made, and said she was impressed with the degree of involvement among those audience. She posed the question about whether or not the Medflies imported from Mexico might have "learned" to survive cold temperatures. Mayor Henderson said he had been contacted by radio, TV and the press on the topic. He thanked staff for its help on the subject. The fruit fly problem could not be ignored but he was not ready to take the step of aerial spraying. MOTION PASSER: 1'he motion thatCouncil go on record in opposing aerial spray- ing of Malathion and flights at an altitude of 300 feet, and that ways to have volunteers go door to door to help pick fruit; further, that a full scale EIR be prepared on proposed aerial spraying, and that Council ask the FDA to hold the City harmless for any adverse results from spraying, passed on a unanimous vote, Councilor Brenner absent. _,..,.o.CR�PiiCATA S None ADJOURNMENT MOTION: Councilor Levy moved, seconded by Bechtel, tnat Council adjourn. The motion passed on a unanimous voice vote, Councilor Brenner absent. Council adjourned the meting at 11:08 p.m. AFFIRM: APPROVE: C ty er 4.r- 14zl8/80