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HomeMy WebLinkAbout1978-02-13 City Council Summary Minutes1 CITY COUNCIL M1NUTE' CITY OF PALO ALTO Regular Meeting February 13, 1978 ITEM PAGE Oral Communications 6 6 1 Consent Calendar - Action Itame 6 6 1 Finance and Public Works Committee Recommends re Approval of Kindler and Laucci as Insurance Broker, and R.L. Keats ea Clams Administrator 211 Melville Avenue - Planning Commission Recommends re Appeal of Dennis Harrington From Decision Denying Preliminary Parcel Map 4164 El Camino Real (Town House Motel) P1annins Com- mission Recommends re Application of Erik 3. Christensen for. Change of Lietrict from C -3-S to P -C Central Palley Project Interim Power Bate Increase Extension of El Canine Real Moratorium to July 12, 1978 -Request for Funding Medi By Palo Alto Adolescent Services Ccrpo. ation 6 6 3 Golf Course Improvement Prof^^t: latablishment of Final Budget end Related Matters (Continued -from February 6, 1978) 6 6 4 661 662 662 662 663 Public Peering: Williamson Act Establishment of an Agricultural Preserve: Leads of Clambers/Harbin Assessor's Parcel 351-12-40 6 7 0 P.ce.s and lxcutive Session on Litigati._on N tters 6 7 1 P b1ic Reeving:. Finance and Public Works Committee Recommends Re Community Development Block Fund Program 6 7 1 Pubite Hearing: Amendments to Open Specs Plan Map 6 7 4 67G San Antonio load —Planning Commission Recommends Approval of Grant and Bridges for Tentative Coadocini.um djbdivision Mep (40 Units) Zone District M2 -S _ 6 7 6 *sport of City Clerk re Request of Palo Alto Unified School District that Amendment of Article VIII4 of Palo Alts City Charter be Submitted _ to Voters 6 8 6 Co syV14s Pertmedic Service: Palo Alto's Pompano* 6 8 7 Discueeioft of Items Remaining on the Allude 6 8 9 Adjo t 6 8 9. 660 2113.178 February 13, 1978 Regular Meeting The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting, with Mayor Sher presiding. Present: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon Absent: None Mayor Sher announced that during recess Council would meet briefly in Executive Session to talk about litigation matters. ORAL. t N1CATItS 1. Robert Moss, 4010 ©rme, referred to two motions wade during the February f, acting concerning a re -definition of lot coverage, and the definition of a lot —both definitions having been in the zoning ordinance for more than twenty-five years. The motion to eliminate overhang and/or eaves from lot --size calculations seemed innocuous on the face of it --he could not quantify a figure. The second motion included water courses in calculating lot size. Mx. Moss gave his method of "quantifying" the effect that would have: €aeasur{uT water course length on a map; pacing off widths of bridges, and teen applying zones, i.e,, L -M, L -M --R, multiplying site coverage to arrive at the floor area. He said his resultant figures were startling. He gave some sample calculations using luta in hypothetical locations, and he exhibited a chart to show the contrast of figures arrived at using the proposed re -definition, in cotrast to the former method. The former method maintained the desired goal of better balanced housing and jobs, whereas the newly adopted deftnizion did not, for, according to his figures, 508 new hcusing units for employees for ,just the new Hewlett-Packard buiiding would be nAeded. He asked that Council seriously re -consider the results of the re -definition, for it would spoil the aim of the Comprehensive Plan. Counc ilme...ter Carey said . he agreed smith Mr, Moss' conclusions, which, if they were correct, would lead hie to re -consider his motion. He asked Mx . Mete if, in his calculations, he had ' ed:ed ttie width of the creek to the present lot size. Council r Carey explained that many times the property did not include "the entire creek." Could Mr.Boss tell Council the falloviz g evening if the lot size on which to had made his calculations included ,creek property? W. Moss said he would endeavor to do so. CONSENT CALENDAR Referral Items Action Items LIAIME IEreA a .The nuance and Public Works Committee, by a unanimous vote, recommends to Council approval of Kindler and Lama es ineurmnce broker and R. L. 2/13/7 Kautz and Company as claims administrator for performance of services contained in their proposals; and further, that staff be directed to prepare contracts with these rums for approval by the Council. CONTRACT - PROCUREMENT OF INSURANCE COVERAGE AND RELATED RISK MANAGEMENT SERVICES - Kindler and Laucci AGREEMENT - ADMINISTRATION OF LIABILITY CLAIMS - R. L. Kautz & Company 211 MELVILLE AVENUE PING COMMigSIOf RECOMMENDS RE APPEAL OF DENNIS HARRIS__ Ace The Plonring Commission unanimously reds approval of the appeal of Dennis Harrington from the d^cision of the Director of Planning to deny a preliminary parcel map for property located at 211 Melville Avenue. RESOLUTION 5514 entitled "RESOLUTION OF TIE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE PRELIMINARY PARCEL MAP FOR PROPERTY LOCATLM AT 211 MELVILLE AVENUE, AND GRANTING EXCEPTIONS SUBJECT TO CONDITIONS." 4164 EL CAH I.I+O REA House te1) PLANNING CONCESSION RECOMMENDS RE APt'LICAI'IOr nt e p ' iI The Planning Commission unanimously recommends approval of the application of Erik J. Christensen for a change of district ofproperty known as 4146 El Camino Real (Town House Motel) from C-3- S to P' -C., and that Council approve the following ordinance: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF TEE PALO ALTO MUNICIPAL COVE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY KNOWN AS 4164 EL CAMINO ,REAL FROM C-- 3- S TO P -Cs SUBJECT TO CONDITIONS. E 1st reading) MURALVALLEY PROJECT INTERIM Ain RATE hidEEASE (02:150:8) A January 19, 1978 report, .132:8, indicated staff wcyld return shortly to Council jith a request .for funds to finance the City's share of the cost in contesting a prop: wholesale rate adjustment. It is the staff's recommendation that Council approve the ordinance amending Fr 1917-78 Electric Utility budget by appropriating $100,000 fr m the Electric Utility Reserve Fund, to help finance efforts of NPA and the City to ensure that the proposed Department of Energy's rate adjustment will be fair and equitable. These funds will he used to finance the contivuir g work by outside dal. end engineering experts. ORDINANCE 3039 entitled "ORDINANCE OF THE COUNCIL OF TEE CITT OF PALO ALTO AMENDING TEE FOR rRE FISCAL TZAR 19?7-78 TO FUNDS rot THE CITE or PALO ALTOHS SNARE EXPENSES =CURIO BY TIE NORTHERN CALIFORNIA PORER CI Nov TN OPPOSING A norm= FEDERAL RATE INCA OF Cwt. VALLEY PROJECT ." 662, 21t3/7$ EXTENSION OF EL CAMINO REAL �lORATO1tTUl��i'� JAY 12, 107B' Staff recommends that the Council approve the proposed ordinance for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO EXTENDING THE TERM OF A MORATORIUM ON ALL NEW BUILDING PROJECTS, BUILDING EXPANSIONS, ZONE CHANGES, SUB- DIVISIONS AND CHANGES OF USE ALONG A PORTION OF EL CAMINO REAL IMPOSED BY ORDINANCE 2975. (1st reading) MOTION: Councilmember Carey moved, seconded by Fazzino, that Council authorize the contract and agreement, adopt the resolutions, and approve the ordinances. The motion passed on a unanimous vote, Vice Mayor Brenner voting "no" on item 1, concerning approval of the insurance broker and claims administrator, and also on Item 5, concerning extending the moratorium on a portion of El Camino Real; Counc &1i embers Eyerly and Clay voted "no" on extending the moratorium on a portion of El Camino Real, Councilmember Carey abstained. REQUEST FOR FUNDING MADE BY P PALO ALTO At OLESCEN F�ES CORPORATION MOTION: Councllnemher Witherspoon" moved, seconded by Henderson, that the matter concerning a request for funding, made by Palo Alto Adolescent Services Corporation be brought forward on the agenda for the purpose of referring it to the Finance and Public Works Committee. The motion passed on a unanimous vote. MOTION: Councilmember Withsr°spoon moved, seconded by Fazzino, that the matter of a request for funding made by Pal} Alto Adolescent Services Corporation be referred to the Finance and Public Works Committee. Couacilmember Carey recalled that the Policy and Preeedures Committee had, to years ago, recommended that in matters concerning requests for funding referrals would be made to the Finance and Public Works Committee. He remembered that such requests had to tenet certain criteria, one of them being sow* manifestation that such a program would ultimately become self-sufficient; existing programs, as he recalled, would receive priority. Acting City Manager Charles, Walker rememiDered that the policy of -referring funding requests to the Finance and Public Works Committee had beep tied -- in with the budget process, At that time some guidel e bad been adopted about how much Bey would be set amideby the City for programs tied in with human servieee. Councilmember Carey said he would vote for the motion; he thought there had been a better -defined policy; he asked staff if it would check the policy Council had adopted, and what the financial limit was for such requests. Councilmember Witt erspoon said that her memo stated it VAS hoped that new policy would be set that evening, if none existed. Mayer Sher said he thought the request wasfor funds in the 1978--79 budget MHOS PASSED: The motion - that the matt: of a request for funding made by Palo Alto Adolescent Services Corporation be referred to the Finance and Public Works Committee passed on * unanimous vote. 6 6 3 2/13/74 GOLF COURSE IMPROVEMENT PROJECT: _ ), (CMR:160:8) ue ram Tr. ary 6, 1978) 1 Mayor Sher said that at the February 6 meeting, the following motion had been on the floor in relation to the golf courss improvement, to approve the staff recommendations, along with the r .00lution and tha ordinance in CMR:143:8 of February 2: MOTION: Councilaaabsr Carey moved, seconded by Clay, that Council: 1. Approve a golf course renovation budget of $741,589 ae outlined in Table I; 2. Approve for the golf course club house inclusion of add altern- atives #'s l and 2 (Cocktail Lounge) , #3 (resting Room Expansion) , 15 (Spacial Carpet) , 16 (Concrent Brassewag- Floor Blab) and 18 (Solar Energy System) for a.totai club house budget of $966,241 es outlined in table )V; 3. Approve: bonding alternative III in Table V vhich results in a $1,800,000 bending level with an annual bond payment most of betvasn $143,400 and $146,750; 4. Approve the Rssolution Approving Form of Bond Beoo1ution of the City of Palo Alto Golf Course Corporation; 5. Approve the Ordinance of the Council of the City of Palo Alto Approving and Authorising Execution of Amendment to Leese of Golf Courses Facility and of Leases as Amended with the City of Palo Alto Golf Cours* Corporation; 6. Direct staff to submit an ordinance reducing golf course fees for the period fren April 1, 1978 to the completions of the course contraction activity. Mayor Sher coot/aged that the matter had not be4n settled; Couucilmembera wars invited to raise' any questions they might hays on the matters. cMR:160:8, dated February 9, at their plaaeea that evening, hod arevare by staff to Co:mcilmermbsrsa' queries. Counc.i.laesel+sr Fassino aaksd ,bout a otatement on page 3 of C fR:I6O:8 that Sartls-hail*, consultants, had estimated 80,000 rounds of golf would ho FL,yed in s yoar--sense 12,000 fiver: rounds of gaff than had been play d in fors rums. Me .deed what "it vould maan, in terms of dollars if annual usage continues to be the same average." Zen Schreiber, Assistant Director of Planning and Community Environment, said. he assumed 80,.E rcundr , been *etiolated because Settle- '.1e prepared conservative projections --the booding market functioned on confervetive estimates. . bout 86,000 rounds of golf rs»ouid bring about *x2.70,000 in, green fees, based on 1977-78 figures. Ignoring the possibility of increased green fees, the cost cause to about.$3.00 per round. The 12,000 rounds, tom, totaled about $75,000. Coueaci membor Booderoon reforr to ssohedule pap 12, sag revenue and eupen4itures year by year, giving costs of msintseics. Waul4 there not bo acme eu is trative costs es will And also, about heir sec would he written of! tor original capital investment/ Were the "net" figures a '" " net,. or a cast net? Atr. Sclareeibersaid he did not know about the vritc-off for the original capitsl investment --the City Controller met have tba air to that; additional costs, e#ich Leht not be rafl et . oc sth rule pass 12, sew • be for salarieses and eivipment and supply' rcebeeee choxged to tam soli' course. Supervision, ond other persommel ineelveement, would also add to costs. Me had said in another report that $gaff wu mowing trees d r modified mot die food accounting system* Ii4dLekvould isol*te 6'6 4. 2/13/79 such costs as chargeable to the golf course. With that ;clan not in force, actual costs would stay the same, but there would be a shift in the accounting system. Councils ber Henderson confirmed that Mr. Schreiber was not including overhead costs in arriving at how much of the income could be applied against the cost of the bond. Mr. Schreiber replied that 1976-77 net revenue was $142,000, in the staff reports he had estimated $100,000 for the future, a conservative estimate assuming moderately low play. Based on the enterprise fund the figure might be lower, yet, if play increased, it could be significantly higher. He had tried to take a "middle -conservative ground," Councilmember Henderson asked for square footage of the cocktail lounge, meting room and restaurant. He had heard that times of need for a meting room that would accommodate from 85 to 100 people were very few. Mr. Schreiber said that the meeting room without the addition was 1450 square feet. That did not include kitchen area or snack bar. The meeting room could be divided into two separate roams. He showed a transparency on the Councilchamber wall. With the addition of about 265 square feet there would be a total of 1715 square feet. An accordion - shaped "wall" could close to make up two rooms. The size of the full roam had been approved in 1975 by the Planning Commission and the Council. The architect worked with an advisory committee of golfers who used the facility, and size haA been dete'Tined as adequate to accommodate most of the functions, such as regular monthly meetit,gs of men's and women's golf clubs. Other larger meetings net at other locations. Couucilacember Clay doubted that the number of rounds played would drop with an improved facility, but, taking the average over the last five years would there not be a more favorable bond rate: Lora Stovall, consultant from Bartle -Wells, said that in 1976, following an increase in green f es, the rate of usage during a six nth period had dropped 19 percent, and, during a twelve-month period in 1976-77 there had been a 131 percent drop; the first six months of 1977--78 showed a drop of seven percent, added to the drop of the previous year. There had been no rain to speak of during that period, For those reasons the projections for anticipated usage had not been raised. Those figures had not been shown to the laced bidders,. but only to the City. There appeared to be a downward trend. Would more course revenue improve bon ability? The security for the bond was the City's pledge to pay the rent every year, The pledge was hot dependent on revenue from the golf use, and it strengthened the bonding. The revenue wes not the security upon which the -bond was being issued, though it did make "a better bond." Councilmember Fletcher asked what savings: might result if there were a good -size snack bar instead of a full kitchen, with liquor available, yet no bar. Mr. Schreiber said the kitchen area was primarily designed to handle the smack bar --it mesa not pfd that they go into the restaurant business. The meeting roam were for the use of organizations —there would be banquets infrequently; the kitchen could not be cut back substantially, and there weld not be substantial savings if that were done. There was a liquor license, and it would not be a good arrangement for the concessionaire or the public to have the bar take over part of the restaurant facilities. 665 2/13/78 Counetlseember Fletcher said that she would think that people would not go there to drink, but to have a drink perhaps is connection with other events. Mr. Schreiber agreed, adding that one of the matters that the new golf pro would be undertaking was more youth activities --with teenagers involved it was preferable that the restaurant/snack bar be beparated from the licensei bar. Ron Loew, a golfer, spoke about the matter of meeting space requirements. The golf course had a very active tournament sche4ule, and a meeting followed every tournament- He felt the space allotted for a meeting room would be none too much. So far as the bar was concerned, he had not, in his time at the golf course, seen the facility draw people for drinking pur ores, the sociability seemed to be secondary to golf. He had moved to Palo Alto from Hawaii to be a participant in the City's rich cultural ,activities; both Baylands and Foothills parks were wonderful assets, but the golf course did not match other excellences the City afforded. He .supported the work to upgrade it, and hoped the City would not discontinue its efforts. Councilmeeaber Henderson asked how many meetings Mr. Loew had .spoken of had more than 85 or 90 people attending. Mr. Loew said he did not have firm information. He had thought about 110-120 people attended the Member --Guest Teurnament in the past year. Perhap.i Palo Alto did not have as many tournaments as other clubs, for its facilities did not compare well with others. He felt sure that with improved facilities the number of rounds was bound to increase. David Collins, sake as president of the Palo Alto Men's Golf Club, which had a membership of about 420. He, himself, had had about 30 years of "roaming around" various golf courses. He said Council, in its deliberations, clod to make a value judgement about what kind of course it would be best to construct; a- financial judgement related to the kind of club house to build --both had to be coneldered together. The present club house. vas "bare aini ," even iu the light of present-day financial strictures. Customarily, when the course was not torn up, there were 12 touts at the golf course a year, with about 70 players per tournement, and, depending ea the tournament event, up to about 110 players, i rough count. He praised the quality of City staff who had worked on the clews*. He said that the bona, sold at today's dollars, would be paid throughout the next 30 years with "golfers' dollars," which, he predicted, would be highly inflated. Vice Mayor Bremer asked Iir. Collura if he foresaw the proposed sleeting room as being available for other groups as well, or would it have to be restricted to club events. Mr. Collin* replie&2 that the meeting room would be well taken up with gelf course activities, yet the possibility of other groups having the use of it from time to time should not be ruled out. Perhaps the pilots from the nearby airport would have occasional "golf fly -mss". Ray Witt, t saie a of =the Citizens' Golf Advisory Committee, said be regretted hie intemperate remarks of last week, and he apologized. His committee unanimously endorsed staff recommendations, as did the women's club at the Golf Course. He said he was authorised by the men's club to say that it would donate a barbeque facility available to all users at the club. and it had gone so far as to have Jahn Boyd drew up some plans, without fee. There was to be everything, from the pit itself to overhead trellis, tables, and concrete slab. Mr. Witt stressed that the golfing community had never ash Council to subsidise its game in any form.. Though revenue might not cover tba bonding expense the golfers 6 6 6 111317$ 1.-C 1 had never asked, and would not ask, the City to make up the difference. Golfers, he said, would pay the green fees necessary to support the golf course, if the City would do its job and provide a well -managed facility and a good golf course. He reminded Councilmembers that golfers hard not, up to now, had a good and adequate meeting room, or other facilities. He felt sure revenues would rise when the facilities were improved, and he asked Councilmeabers uot to foreclose that possibility. The present proposed facility was barebones, no -frills; "If you'll give us that," SKr. Witt said, "you will not be subsidizing anything —we'll pay for it." Laddie Hughes, golfer, said she had been "sharing" her views with Council about the golf course for "at least five years." She hoped Coeacil would approve the staff recommendations. She had always wanted a meeting room that would accommodate 150 people, but she would forego that, "...before the costs go up or the meeting room will shrink even more," in the interests of moving the proposed improvements forward. Drew Lawrence, 1031 Harker, Palo Alto, thought he sensed a favorable attitude on the part of Council toward the proposed golf course improvements. He spoke of a couples' dinner party to be held soon, for 47,golfer couples, at the only place commodious enough to hold the party, at the Palo Alto Hills golf club. About 60 percent of the present golf course members were from Palo Alto. He felt sure that if there were mcre space available there would be more members. He noted that income from th= restaurant and bar had not been included in projected revenueo Mr. Schreiber said the income from 1 th restaurant and bar was held constant for 1976-77. There had been no increase. Mr. Lawrence said that income of $6,400 was produced by the bar, and the bonding cost was $4,000. He said he represented the Seniors on the Golf Council.; they favored improvement of the facilities, but they didn't want, to pay for a Taj Mahal t The Seniors approved of the present proposal, and they hoped Council would too, Mayor Sher recalled to Councilme bers that the motion to adopt the staff recomsesadath ns and approve the ordinance and adopt the resolution was on the floor from tt.e previous meeting. Councilmember Pazziao caked Mr. Schreiber and Scott Catlett, Director of the Recreation Depnrtsent, if the - suing room would be part of the facility rental program with emphasis on golf use, Mr. Catlett said that if the meeting room was not used solely for golf p irpoees it would be controlled through facilities rental, as were other City facilities. Tou ts and golf functions would have priority. Cauncilmseber P&zkino said be thought Cecil had no alternative but to proceed on the project. The final). step in a 'nag difficult process had been reached. He did not favor approving only parts of the proposal and he wanted to proceed au the entire ply because i fletionary tendencies made present coats Bore prudent: and because the golf course was a significant element of the City's comprehensive recreation program. Councilmember liderson said his records showed that as fa: back as Marsh, 1974, he had had concern about upgrading the golf facilities. Se equated same aspects of the proposed golf course improvements with the Willow Road project, for he was prepared to support, with a few email exceptions, the upgradini of the golf facility: he did not favor expend/Aft the meeting roam, aid he did not favor a metal roof. He did mot wit citizens to have to underwrite as "lush, country club facility," and this proposal wane not extravagant. He would support it. 567 2/13/78 Councilmember Carey remarked that if inflation was one and one-half percent per month it had cost $2,500 per month to talk about the project. He questioned that dollar vL.lue of the words. According to the figures there would be a shortage between revenue and bond payment of about $30,000 a year, excluding bar revenue and increase in greens fees. If fees for 10,000 rounds of golf were added, bringing the projected total to somewhat less than actual use, that revenue alone would make up the difference; also, assuming 6 percent inflation, the difference would be made up in three and one-half years. He supported the motion. Vice Mayor Brenner congratulated staff and golfers for arriving at agreement on proposed improvements. She asked that when voting on the motion, the add-on alternatives be separated. She thought improvements could be added one by one. Council had recently a.d4ed restaurant facilities as a conditional use to the L -M District, and she thought more restaurants would be opened et The Harbor across that street, and also, she would delete the cocktail lounge for mho flougbt there would be cocktail lounges across the street and that the City should not compete: She did favor the large meeting room. Mayor Sher agreed to separate out the add -alternatives for voting. Councilmeaaober Eyerly commented that tired golfers would not want to walk actosa the street to another bar or restaurant. The basic, no -frills accommodation would not be In ca petit9on with other places. Continuing, he said bood payments of $143,400 as projected against net revenue were in line eith the net revenues of 1976-77 in the amount of $142,215. Pe had some assurance the golf course would pay its awn way, as it had since 1957-5S, from which time the eueelative net revenue h4d beer, $1,251,000. CoMpared teo other City facilities tpe golf course had paid 157 percent of its costs, whereas other City facilities had not even paid their -own way. He felt the golf course was deserving of having Council approve the eotire motion. Vice Mayor Brenner said she did not this her vote vas a threat to success of the motion, and she would stick to it. Mayor Sher said he had supported renovation of the golf course since the matter was raised when he was a amber of the Finance and Public Works Committee. However, at that time the Committee had been assured that. the renovation would be financed with revenue bonds; the golf course hard,, for many years, been a money maker and its revenues had co:.itributed to the Ge oral Fund. Ho one had anticipated that with the preeent-day projections there might be the possibility that $40- or $50,000 would be chargedto the General Fund, which meant that the renovation project finances had gone from the plus aide, contributing to the General Fund, to the minus side, a possible subtraction from the General Fund. During his time on the Finance end Public Works Committee, when the golf course renovat.ioe came up again, the Committee bad been told that it would not be possible for the renovation to be financed through revenue bonds, with the statement that rav►etue bonds, where the revenues were uncertain, could not be marketed; that had been a complete reversal of the financial picture. HO was also disturbed by bevies the initial prep eel of a 20 - year bead nos being extended to a 25 -gear band. During the first discuaetoi about financing being bscked by the City, Mayor Sher said be had voted ^fast it, for he felt the reversal was too marked. flow Council • as about to vote on the matter, with the assurance that the estimates on revues were conservative, end with the clear uderi tanding that the golfers were prepared, through increased green fees, to pay bond coats. With tb* city l e responsibility to the general taxpayer and its need to providie► tivat• class utilities as services, be was still co 1. Yet, with his dismay on the record, ever the change in the assertions made about hoax the golf course renovations would be financed, be mould vote to go ahead with the improvements. 665 2113/78 • RECOMMENDATION 1 Council voted to approve a golf course renovation budget of $741,589 as outlened in Table I, on a unanimous vote. RECOMMENDATION II Council approved add alternative for construction of a 470 -foot cocktail lounge in the amount of $34,500 on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Wieherspoon NOES: Brenner Council approved add alternative for Cocktail Lounge bar equipment including the bar, related dispensing equipment, a sink including plumbing work, and storage areas behind the bar, (known as the "back bar"), in the amount of $10,200 on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Brenner Council approved add alternative for the construction of a 6' x 44' add{tianal meeting room area which raised the seating capacity of the room from 83 comfortably and 91 maximum 100 comfortably and 110 maximum, at a coat of $14,000, on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fazzino, Flee --her, Sher, Witherspoon NOES: Henderson Council approved add alternative for the special golf shoe resistant carpet, at a cost of $825, on a unanimous vote. Council approved the add alternative for a breezy, which provided a solid concrete of concrete over a wooden frame, at a cost vote. concrete floor slab for floor rather than two inches of $5,801, on a unanimous • Council approved add alternative for a solar energy system, with the coats to be funded through the General Fund. The leer bid is being reviewed by City staff members failiar with energy,systems, The low bid does not meet bid specifications. The matter will be brousht to Cecil when the construction contract is to be awarded, at a cost around $8,500. The appal passed on a unanimous vote. lizoctwaDATIore 3 Council approved bonding alternative I11 in Table V which results in a $1,80011A00 beading level with an annual bond payment cost of between $143,400 and $146,75£1, on s unanimous vote. SZCOHKEHDATION4 Andrew Hall, bond counsel of Wilson, Jones, visa and Lynch, said that the resolution Council bad before therm for appal had had the dates changed to bring it ate -date, ate, some cages in format bad been soda, and the resolution bed and the amount changed from $1,750,000 to $1,600,000. 669 2/13/76 AMENDMENT: Councilmember Carey roved, seconded by Clay, thPt the motion to approve staff recommendations concerning golf course improvements also include the changes to be made in the resolution and ordinance by bond counsel to bring it up to date. Council approved the following resolution Approving Form of Bond Resolution of the City of Palo Alto Golf Course Corporation. RESOLUTION NO. 5515 entitled "A RESOLUTION APPROVING FORM OF BOND RESOLUTION OF THE CITY OF PALO ALTO GOLF COURSE CORPORATION" The amendment passed on a unanimous vote. RECOMMENDATION 5 Council approved the following ordinance of the Council of the City of Palo Alto approving and authoriz'ng execution of amendment to lease of golf course facility and of lease as amended with the City of Palo Alto Golf Course Corporation for first reading: AN ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO LEASE OF GOL1' COURSE FAC I L I ` Y AND OF LEASE AS AMENDED WITH THE CITY OF PALO ALTO GOLF COURSE CORPORATION (Continued from 2/6/78) Andrew Hall, bond coup el, said that in the lease form with which Council had previously been provided, the first blank was to by filled in with the bond amount at $1,800,000. The second blank in paragraph D was to have the advance grant of $2€0,000. Other changes were technical, to make the document conform with what had passed. One change in sub- paragraph i was the deletion of the term "fully funded in section 13, because the intent was to have the City's self-insurance program do the Job. RECONMENDATION 6 Council approved the recommendation that staff be directed to submit an ordinance reducing golf couree fees for the period from April 1, 1978, to the time of co 1ation of the course construction activity. The motion passed on a unanimous vote. Mayor Sher thanked staff and ors of the public for their help on the matter of the renovation of the golf course, and epees of the pleasure of anticipating s first-class golf course for Palo Alto. :8) Mayor Sher stated that Council had received one. spplicaticnx for a Williamsoo .Act cr tract from a property owner In the Foothills. He reviewed the background of the Williamson Act, saying that when a property owner placei hie land in an agrfeulturml preserve under the Williamson Acct, be signs as eoutract :r{th the local city, for county, a the case. might b) agreeing to restrict the use of his land to agricultural and compatible uses for ten years.. This contract is automatically renewed each year, too that melees it is cancelled by the property owner or city council or county administration, there are always tan years to run. 670 2/13/78 After a Williamson Act contract has been signed, the County Assessor reappraises the property under its new use. This usually results in a considerable reduction of assessed valuation, and concomitantly in taxes. To help reimburse local ,jurisdictions for this tax loss, the State Resources Department pays subvention funds, based on acreage involved and category of land. Mayor Sher then announced that it was the time and place for a ,public hearing on the application of John P. Chambers and Leila C. Harbin for approval of a Williamson Act contract for their property. He declared the public hearing open, asking if anyone wished to speak on the matter to the Council. Receiving no replies he asked City Clerk Tanner if any written protests on the matter had been received, to which she replied "no." Mayor "her asked the City Clerk if the hearing had been rublicly noticed, to which she replied that the hearing had been publicly noticed on February 2, 1978. Mayor Sher obeez ed that all ratters relating to the declaration of the establi.hment of an agricultural preserve had been taken care of, and he declared the public hearing closed. MOTION: Counciliember Carey introduced the following resolution, and, secu°tded by Fazzino, meved its adoption by Council: RESOLUTION 5516 entitled "RESOLUTION OF THE COUNCIL OF THECITY OF PALO ALTO ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF PALO ALTO AND AUTHORIZING TEE EXECUTION OF A LAND CONSERVATION CONTRACT (JOHN P. CHAMBERS AND L£ I I A G. HARB I N_ SKYLINE BOULEVARD)" MOTION PASSED: The motion to adopt the resolution establishing an agricultural preserve passed cn a unanimous vo;e. RECESS AND EXECUTIVE SESSION ON LITIGATION HATTERS Council adjourned at 9:15 until 9:55 p.m. for a brief executive session on litigation natters. PUBLIC HEARING: FINANCE AND PUBLIC � D PROGRAM (C R:146: 8) Mayor Sher eici etzed to the audience that the smatter before Council was a public hearing, and that if they wished to speak they couldsubmit cards to the City Clerk. $OTi€1H: CCmcilmember Carey, chairman of the Finance and Public Works Committee, and on behalf of the committee wed the following recommend- ations and resolution regarding the Community Development Block Fund program: a) that $300,000 for Pale Alto City --ride rehabilitation be .+_ncluded in the 1978-79 amity Development Block Grant program; b) that $9Q,000 for the Senior Center renovation be included in the 1978.79 Community Development Block Grant program; c) thst V20,000 for the Senior Bowe Repair Service be included in the 1978-79 Community Development Block Grant program and this sum is above and beyond what the City has in that' program noon d) that there be a $29,000 contingency fund; e) that there be a rouse of $360,000 for a rental housing acquisition pro=m pursuant to the Palo Alto Ming Corporation application with the following conditions: 571 3/13/70 1) An acquisition procedure be developed whereby the City Council or its designee shall review and approve each property proposed for acquisition with an analysis of the amount to be financed, the terms of financing, and a pro forma on income, expenses and debt service; 2) In the event that acceptable units are not available and/or not approved for purchase, such conies will be utilised for landbanking purposes, with those specific properties also to be approved by Council prior to acquisition; f) that the $42,000 Curb Cuts and Handicap Ramps at Stanford University project be included in the 1978-79 Community Developelent Block Grant program; g) that Council find that the proposed 1978-79 Community Development Block Grant program will not have a significant environmental impact; h) that the staff be authorized to suit an application to Housing and Urban Development (HUD) including the 1978-79 amity Development Block Grant program, the 1978-79 Community Development Plan, and the 1978-79 Housing Assistance Plate. RESOLUTION 5517 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A 1978-79 COMMUNITY DEVELOP PLAN AND PROGRAM, APPROVING A 1978.79 HOUSING ASSISTANCE PLAN, APPROVING THE USE OF 1978-79 COMMUNITY DEVELOPMEnT FUNDS, AND AUTHORIZING;THE EXECUTION OF %N ADMINISTRATION AGREE WITH THE CO7NTY OF SMTh CLARA . " AMENDMENT: Counctimember Carey moved, seconded by Henderson, that the first condition of acqu',sition of rental housing, as spoken of in section s), part 1), was to be eeferred back to the Finance and Public Works Committee for further analysis and review. Mayor Sher said that a public hearing on the Community Development block Grisnt program for 1978-79 had beenduly advertised,and he declared the public hearing open. There being no cards from pule.wbo wished to speak, nor any written communications having been received, he declared the public hearing closed, and returned the ratter to council. Counciaa ber Witherspoon spoke of a) , the City - de rehabilitation programs and asked if staff knew whether or not they would ask for further fundieg in the year to come. Danny Fred, l gement Assistant of the Planning Department, said staff died not piss, to cask - for additional fend . A present need for lov» and moderate -income housing had been shown,, and ao he assumed the program could continue another year,, at ',eat. Councilaember Witherspoon said she understood funds from the last Comity Development grant were. left, since there were not enough eligible applicants in the College Terrace neighborhood. Mt. Freed agreed that such had been the case in College Terrace; this year under the new_MUD regulations, eityewide rehabilitation will be an eligible activity, do long as recipients were 100 percent loan'- and moderate -income. By the and of the preeeet fiscal year the 1977-78 year old have been expended. Couneilmember Witherspoon ascerteieed that CDI G (Community Development Block Grant) wee a revolving . ford, and that the loans were paid back in some cases, in that event the wry paid back did not have to be returned, but wee re -loaned to another recipient. 672 2/13/78 .x: Councilmember Witherspoon asked abuut point e): she recalled that the Palo Alto Housing Corporation had asked for additional personnel -- she referred to page 2 of their report of January 18 saying that they required only part time or consulting assistance. She asked if PAHC had enough manpower, and if they would need a budget increase to obtain additional help. Councilmember Carey said they had not asked for additional money. The properties, by virtue of the acquisition, generated income, which could be in excess of PAHC's needs. Coanciliember Witherspoon said that PAHC had estimated start-up costs of the CDBG program at about $25,000 per year. Was that in addition to what they were already spending? She assumed those costs would be covered by the grant. Councilmember Carey said that was his assumption also. Danny Fred confirmed that the assumption was correct. He introduced Lou Goldsmith of PAHC to explain further. Louis Goldsmith, PAHC, said that.the amount of $25,000 was a rough guess at what was needed for a year, or whatever time it took to find units to use the money, aid it would cover the cost of administration, along with part-time or consultant staff as well as fees for appraisals and perhaps finders' fees. Councilmember Witherspoon asKcd for clarification on whether the City would or would not have contingent liability. Councilmember Carey replied that his amendment, returning e), 1) to the Committee, dealt with the possibility that the City might want to impose certain restrictions on acquisition in order to avoid having to have contingent liability, which, it was possible, might raise a liability question. If his amendment passed that matter would return for further consideration to the Finance and Public Works Committee. tiayor Sher asked if potential liability arose only through the acquisition procedure. ,Councilmember Carey slid that he'himaelf did not think soy but it was a question to be rained ---1f the City imposed restrictions on acquisitions would it have a contingent liability to the occupants? Councilmember Eyerly commented that CDBG funds had been chanted for this year in that they were greatly Unite as to applicants who could qualify. He did not quite agree with those limitations, yet it was one source of fuming. He asked Davey Fred if changes could be wade in the committee recoen®etsdetionc op to April 1? Kr. Fred eaid that, cbangea could be made but ptblic hearings on those changes would have to be held. Councilmember Henderson spoke of some criticism of proposed street i - provement for Monroe Park with CItDG funds. He said that street :leprous for that area were in the Capital. Improvement Program (CIF) for reviews' at budget time. Councilmember,Clay asked what disposition had been made of the request }tor fund for Lytton Gardens. Danny Fred said that Mince Lytton. Gardens was new oonstruaion it w es ineligible for CDBG fins. Beadded that furnishings for facilities were also ineligible, which WAS what Lytton Cayrdaas needed at pre+isnt. 6 7 3 1/13/78 Its 4ew construction costs had been covered under Section 202, Housing Assistance, cf HUD. Councilmember Clay said Lytton Gardens was beginning to discuss Phase 3 of their program. MT. Fred said that Phase 3 concerned medical facilities which also were ineligible. Councilmember Clay asked how $90,000 was allocated to the Senior Center. Councilmember Carey said that $90,000 was allocated because it was the amount of the total grant. Mr. Fred said that the request from the Senior Coordinating Council was made to complete the construction, landscaping and workshop facilities. Councilmember Clay asked if the $90,000 was in excess of the $1 million the seniors had said they were going to raise themselves. Mr. Fred answered that as he recalled the seniors had raised $1 million. Mayor Sher said he thought the first Community Development grant of about $100,000 was included in the $1 million the seniors had raised. Connci member Carey said that owing to rettrict-ions on CD& funds there were cot many competitoes for the funds. The Finance and Public Works Committee members had been st wtrat surprised, and had had the feeling that there might have been more potential fund grantees who had somehow not asked for the funds. Mayor Sher said PAM had written Council about the general subject of property acquiaf.tlon on February 8, 1978. were there points in that letter which the Committee should also (- esider? Councilmember Carey said that had been one of his reasons for making the amendment. The contents of that letter would also be discussed. AMENDMENT PASSE : The amendment, that the first condition of acquisition of rental houai , as spoken of in section e), part 1, was to be referred back to the Finance and . Public Works Co ittee for further analysis and review, passed on a bus vote. MALE MOTION AS QED: The main :motion as amended, approving the Finance and Public Works Committee recommendations a) through h) , with the exertion of part .l of eevti ou )t) , as well as the resolution, parsed cu the following vote: e - ant Srenter, Carey, Clay, Eyerly, Fuel -no, Fletcher, Henderson, Sher HOES; Witherspoon PY31hI.IC . t 1 : AISMOKSHIS TO OPEN Mayor Sher said that the public bearing on this matter had been duly advertised in the newspaper, to consider the Planning Commission's recommendation for amendments to the Open Space Plana . ,The purpose of the its is to bring tbs 44ea Space Plan map into - confor ,e with tbf . Ccmprobensive Plan tared . r . a M4ap, Pond to reflect rout acquisitions by public agencies. ;. 674 2113178 Areas in which changes in the Open Space Plan map are proposed are in Stanford's Palm Drlve--Axboretum area; in the Alta Mesa Cemetery area, and in the Foothills where Midpeninsula Regional Open Space District lands are designated. Mayor Sher declared the public hearing open, and asked if anyone wished to speak on the matter. Receiving no response, he declared the public hearing closed. MOTION: Councilmember Fazzino introduced the following resolution, and se:onded by Carey, moved its a4option by Council in accordance with the Planning Commission's recommence, ion: RESOLUTION 5518 entitled "RESC ,UTtON OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE OPEN SPACE PLAN OF THE CITY OF PALO ALTO TO CONFORM WITH THE WD USE MAP OF THE PALO ALTO COMPREHENSIVE PLASM." Councilnaember Witherspoon as'_ted if a ten -acre minimum were not needeI for a parcel to qualify for Open Space designation. Xen Schreiber, Assistant Director of Planning and Community Environment, said that under OS zoning newly created lots had to be a minimum of ten acres if developed for residential purposes. The matter before Counei.l concerned not zoning change, but only the Comprehensive Plan. When the zoning map was applied and the new zoning ordinance adopted the land could be z.aned OS or other districts that would allow use such as that of a cemetery. The resolution would bring the Comprehensive Plan into conformance with the Open Sparse element, which had been adopted three and one-half yeate ago. Some refinements clad been made in the Open Space categories. A1c3 Mesa Cemetery was pnrsr:ing an Open Space easement. Under provisions of state law an Open Space easement is granted by the City and it has to be planned Open Spare --the current Open Space element does not have Alta Mesa Cemetery as Open Space land, and this resolution would bring that into consistency with the Comprehensive Plan, which did have it as Open Space. If the Council accepts (and there were the elements of a gifts the Open Space easement, the City made no commitment toward any specific action about Open Space easement with the cemetery. It would be a legal procedure. If the Open Space eletcnt is not amended, there is no possibility for the Open Space easement. Councileember Witherspoon concluded the City was 4ot acting on the eaenaent that evening. Mt. Schreiber agreed --the matter of the Open Space easement was -referred to the Finance and Public Works Committee and would be taken up Wednesday night, to return to Council the last Monday in the month, and at that time the matter of easement, road width, and the relationship between the two, vould be taken up, Councilmember Henderson referred to a map attached to the Planning Commission report of January 20, observing tit the Stanford football and athletic fields were being deleted from Open Space Controlled Development, "per . adopted Cosprehensi. a Plan." He asked what distinguished the football and athletic fields from the other Stanford land on the north side of Galvez A' eaue, for it appeared to be Open Space too. Did that wean that the land with the facilities was thought to be more ed.tly developed? Mr. Schreiber said that Coup ,ilmiaem her Henderasxe's conjecture was cortect. The 87,000 -seat stadium, Maples Pavilion and other athletic facilities were in an area not defined as Opn Space, and so the Plying Commission had thought it beat to put the *area into Major Institution --Special: Facilities, which, in tbe future, would allow additional development that would ba consistent with county zoning. Stanford University vas not contemplating developi4g the north side of Calves Avenue, and so It was zoned Open Space. 675 2/13/78 MOTION PASSED: The motion to adopt the resolution bringing the Open Space plan of the City of Palo Alto into conformance with the Land Use Map of the Comprehensive Plan passed on a unanimous vote. b ANTONIO ROAD--LANNI P NG TrassnemnrunatirwrirrillTrivE Anne Sk eirbe:g, Chairwoman of the Planning Commission, said that the Planning Commission had approved the tentative subdivision map on a 4 to 2 vote. There had been a great deal of discussion on the matter of access and also the parking layouts of the proposed condominium subdivision. The Commission had been told, however, that the traffic department was satisfied with the proposed, maternal traffic pattern, and that the conditions that had been imposed met the conditions of the fire department. Me. Steinberg said there was no provision at the present for the Planning Commission to review any design of facilities and streets when than preliminary subdivisica ma:p was before it. No variances or receptions were requested on the subject subdivision, and the Planning Commission had to find 1) if the subdivision would have a significant environmental impact; 2) if it conformed to the Comprehensive Plana and present zoning; and 3) if the map was technically correct and in conformance with Chapter 21 of the municipal. code. The C• -e esioe had found the proposed sub- divieiom would have no significant environmental impact, and that ft satisfied at least thret programs in. the Comprehensive Plan, providing housing an land than is zoned non-residential, and providing three - bedroom housing unit's, and also providing below -market -rate units, along with being in cor "oreer.ca with Chapter 21. Ken Schreiber, Assistant Director cf Planning and. Community Environment, said the tentative subdivision reap was on a 2.9 amen nerce1 the site was zoned L -WS (Limited Manufacturing), and with tilt zoning residential developent could occur with the R-2 limited apartment regulations. An unusual feature o2 the development was that access to the site waa off a primate road, in.itielly constructed to serve the Palo Alto Gardens development, and it vas subject to a one --foot teen--eccess strip along San Antonio Road, end access, therefore, had to come from the private roadway. The private access road sass part of the Palo Alto Gardens P -C zone, end owed by them. Subdivision approvel condition amber seven in the January 20 st.+a►ff report to the Plate Commission requires that "Developer small be responsible for procassiog a airo3r amendment of the P -C zone for 650 San Antonio (Palo Alto Gardens)" and it uwa to be completed prior to approval of the final map. Wien staff became ors of proposed litigation between the ewer's of Pala Alto Gardens and the developers of the residential sits on the setter of access, staff's concern was that construction *mid begin wins building permits comet be obtained after the Council apyroved a tentative reap. Subsequent litigation would or could cause a change in the sits plan in which case the City would become involved in the litigstion because construction had been authorized. Staff therefore recommended in the February 9 staff report that a uew cuod.itiou be edded to the approval by the Ping Commission, that "No building permits shall be iseued for tbie development until coediting 7 is complied with." Condition 7, he explained, with the procernsing and approval of the .P -C eons change asonme4 to be a minor amendment, which, if it gees forward, would be ocosistaat with the tentative sti4diviaiion asp and approved by the Architectural Review Booed (All. Subsequent comers/micas with the developer and the fire that owns Pale Alto Gardens, indicated that l) there is ao pending litigation; 2) partt++o ors negotiating the *Coss question; and 3) the owner of Palo Alto Garden, will not sign a zone -chess application for the minor went of the i 7 6 2/13/78 P -C zone. In other words, Mr. Schreiber continued, Cosditien 7 requires a P -C zone change, the zone change application requires the signature of the landowner, (in this case the owner of the Palo Alto Gardens), and the landowner refuses to sign. The fourth point brought to the attention of staff was that the residential developer anticipates construction beginning this week, immediately following approval of the tentative map. Staff is concerned, he emphasized, with the &cease question unresolved, becauseit could result in any number of comptiestions for the City. Mayor Sher asked for further clarification. Mr. Schreiber added that in conversations with Grant and. Bridges, the residential developers, and Mr. Hirsch of Pale. Alto Gardena, each had said there was no pending litigation. Mr. Hirsch had said be vas "in negotiation with the developers of the proposed residential development and he was trying to work out the financial arrangements that would allow him to sign." He deduced some pressure was at work on the part of Palo Alto Gardens. Mayor Sher said that if the a taf f WAS c ncerued, he was also. Councilmeher Carey said he could understood the problem between Palo Alto Gardens and the applicant. Re reviewed the physical aapects of the dispute against the transparency projected on the CouncilchaMber wall, saying that iu order to make the necesaery curb cuts the P -C had to be mewled. Ho asked if Grant aea Bridges had any e&:&cent rights. Hr. Schreiber replied that they had easement tights and a?ee rights to an access point, that is, one access point. There were two major access points, the one closest, and the one farthest away• --in the middle were two additional driveways. ounc:ileemher Caney confirmed that -the property owner could comply with an acc4►s by re-aesigniag, and the number of cars going it and cut would remain the same. Mr. Schreiber said ehat wee correct --staff's coaaern was that access night be at a point not approved on the tentative map. Councilma tuber Carey said Palo Alto Gardens had given the right of the use of the private toed- -she burden aaa known bare of the airs ,if the parcel, yet now, on a technicality, it was saying "if yoU want more than on* access point even thourh the tr' ftic load will be the sue, we're going to negotiate." Co ncil ` Casey said that if Council did what staff wanted, which was to ...i that a condition of receiving building permits, Ss i1 haa "handed all the cards to Palo Alto Gerds,.na." Vice Mayor Brenner said she understood that with as private road there would. be no police pstro4, street sweeping and other services, duel haa.osssd.4 a special service diatriet of its sue. The probes presented by this private road could be tbat which was taking place on MirandaAvenue. One of the basic tenets of the subdivision ordinance is *ecsse to a public road. Seto thought the roam should become public, at least at the at;lese point. She thought there vas both to be parking on the private toad; the wbdivision itself bad more bathroom* than it bad parking space:. A hie with -two end beif bathroom* usually bed a fads mown of activity area it, and also automobiles, . the overflow of which would go onto the private road. Who is going. to police perking in the street? She grad thought from the report. then the woad tut in the road would be approved as a sinor'smendment to the P. She herself did oat think it a 'sir' amendment, and events use beerlag her out. She ass astonished the s us - bogus before the development began, and 677 2/13/7$ glad it could be straightened out before it was built. She would not vote for it without some effort being made to straighten out the roadway problems, and she would pr..eably require that there be a public access to the development. Councilmember Fletceer asked Mr. Booth to•list soma of the problems he foresaw for the City. Robert Booth, City Attorney, said he found it difficult to respond because the City did not want to get involved in what was apparently an acrimonicus dispute between two private landowners which could be heading for the courts. Frank Crist, Jr., representative for Grant and Bridges said the property owner had a recorder' easement for access, and a recorded irrevocable license on the pierce of property. The man from Palo Alto Gardens wanted $10,000 before he would sign his name on the. P -C application. Staff had found there would be no increased traffic burden. He thought his client would prefer to produce a written agreement and post a $10,000 bond, then get the desired signature. He hoped there would be some levy other than going to the espouse and trouble of the courts, Mayor Sher asked if the owner of Palo Alto Gardens would.rigu the P -C if Gram. and Bridges Noted a $10,000 bard. Mr. Crist said he uaa proposing that, and he was proposing to Council that the project be passed subject to submittal to Council of an agreement wrlirb had ben signed by both parties. Mayor. Sher said Council could plc that as au alternative condition: "No building permit until Condition 7 or the suggested alternative is complied with". Mr. Booth answered that au "alternative" was of no use: either Grant and Bridges had access rights or they did not, Mayor Sher said the posting of a bond would give Palo Alto Gardena surety that if they lost their litigation they would receive their claimed amount. Mr. Booth said that if that was the purpose of the band it would be acceptable to the City. Mayor Sb.r qualified that Palo Alto Gardens had to sign the P -C, for the suretyto be effective. Mr. Crist tail he did not kanw if Grant and Bridges could avoid having to go through the P -C application,, or if they could go through a P -C application without having a signature. Mr. Bluth had the license to withhold hie sienature. Mayor Sher said that the City did not want to participate in that legal altercation. Mt. Schreiber said that zones ordinance pro a4 sr s require permission of the owa+ez ou the zoning application; filing for a P -C none ct a did require the signature of Mr. Hire ot° one of the co -owners. Staff felt the application to have' the P -C amended was needed. Counci er Henderson asked if 41C4,614 Were granted it wild be for all four of the erns points. Mr. Crist said the eat and.licamee were in his file.. They were ep. ifie, allowing the owner of that property ter. ham isompeir or ogress, and tbe words did not *ay "me point." s7$ 2/13/7$ Mr. Schreiber cited the action of.Palo Alto City Council in 1971 in which condition of the approval of the development f. Pala- Alto Gardena was basedon the statement "The owner shall grant, an eeeaswent for access to the owner of the adjacent property northerly of the proposed driveway at such time of such application." Councilmember Henderson noted that the words "an eaeeaneat* meant that more than one access could be granted. Mr. Schreiber said that was a point of dispute. Subsequent to, and even preceding the 1971 City Council action, a license and other agreements had been entered into, and those other agreements had more technical and more detailed language. Mr. Crist wondered why the P -C needed to be amended, since it granted access. Mr. Schreiber explained that the initial.plan-included.the landscaping along the road, and any access points would make major: modifications necessary. Mr. Crist said tat in relationto judgments on V aajordt and "minor" items, he viewed that as minor. Mr. Schreiber agreed. Counci1aember Carey asked, "If we approve this tentavi,ve. neap, without making a condition of ieauauce of building permit the P --C, where would way be?" He said he thought it would mean the applicant would proceed, for "anyone would be entitled to one shortcut." Two units fronted on the road And could not be built if the Palo Alto -Gardena owner said the access cut could not bo made there, but Grant and Bridges could proceed with the rest of the development--Councilmember. Carey asked if his essump t i.on wore not correct. Mr. Booth said it was not correct. It was necea&ary to have P -C, and if the agreement want not signed there would bo no P --C.. The City Council could, in effect, be approving a project with no access. Counci er Carey asked how the City could grant a. P -C -which has within it a condition thet the applicant, in this case, Palo Alto Gardens, grant an easement for access to the adjacent property ower, which is a condition to the P -C, than, today, Fay tba P -C hoe to be wended to fulfill the condition contained in the P -C, for the condition in the P -C assumed there would be access cuts. "An easement" meant the•. private road, sehy did. the City define "access" inthe singular? Separate e*aea!nte were not wed for each access point. Mr. Booth said Courcilmembex Carey had overlooked that Council , and Planning Commission bad been concerned about the landscaping situation and they specifically intended, he recalled, that therebe only one driveway point fron the Minot& and Stern development intoehattvsr might go on the present site now being discuseed. should be put throu;h. If t=here ware to be more access points the P -C had to be Amended. cour lme er Caro) asked if , in case the Prouty.. Wield not sign the agreement, the epplic mot, Grant sn4 . itr d►ges, aoadk p. d' With ores - access, vi mutt -hung to hove a .PeC amendment. Mt. Booth *id the City would permit Grant and Bridge to have one acense off the p'.'s t (tavt isy wilt having to harve a P -C' Wit. Mayor Sher asked if Grant and Bridgeu could proceed if they mere unable to work out the four a points as designated ate t k* pmeeent tentative map. 679 2/13/78 Mr. Booth replied that it was up to the Council if it wanted to approve the map on the condition chat the access situation be satisfactory with only one access point. The projsnt looked as though it needed an interior circulation pattern that had more than one access. Counci].meaber Carey said he asked his questions because if Council approved the map with the condition that no building permits be issued until the P -C soma amended, the property owner who.vas withholding his signature had the clear advantage, for fair negotiation would be impossible. The property owner had "absolute power to estract...appaasntly $10,000 from the other property owner because the City imposed the condition." Mayor Sher said that he thought part of the problem was the posture in which the matter had been brought before Council --he felt it should have been worked out in advance. W►as it because some unforeseen conditions had been imposed by the ARE? Mr. Schreiber said staff had bean aware of the poteatial..problems for some time, as had been noted in the January 20, 1978 staff report. The most recent development had been the introduction of the element of possible litigation, and that was why it had been brought before Council. Vice Mayor Brenner asked what mould be needed to convert the entrance of the Hirsch property into a public road. She thought it ahould never have been made private "in the £ irst piece," and if Council continued to treat it as private it womld lay the groundwork "for great neighborhood unhappiness." She felt one way to unscramble the situation would be to make the road to the Hirsch property public. Mr. Booth said the approach could be made public . by saking Hirsch nnd Stern if they would be willing to dedicate all or a portion of the road to the City. i i.l.ieg that, the City could purohaee it oe condemn it. The property oars might be glad to be rid. of the -maintenance responsi- bilities. Lyn Bridges, Grant a Bridges, applicant for the P -C amemeent, said that Mr. Hirsch wanted the street to be eublic, and ha had requested Jim Abler of the Bng ring Depertat to look into it during the last Planning Cosmtiasioe Meting. Mr. Hirsch wanted to give it to the City if the City would take it over. He understood Lo widenimg would be needed, and that the road ems built to City specifications. Vice Mayor Brenner said it seemed incongruous that the owner wls not willing to give the street in the first place. She fait it should have been dedicated at the outset. Mt. Booth said that he recalled the Hirsch and Storm developmeee wee 236 apartasecs, and everyone saw the dash►e ea oneleading' to an apartment house, and not the approopriate place to pet a.public stmt. Councilmember Witherspoon asked staff.to.recspitulate for Coil Whet its options were. Fir. Schreiber said Council could: 1) approve the P3ennleg Commission recommendation as is that would allow residentiel developms*t. constr ction to begin in the currsaet week, leaving the queatioo of the relationship bets the two property owners to be resolved in eoaas sect of negotiation process through the condition that 1.-C had . to be ese dad prime to approval of the final subdivision sue; 2) Council exiuld, add : a.coarlitioa to trss teutativs subdivision approval that buildieg permits not ho issued until an agreement oa eccees had been resolved between the two parties; 3) Couscil coin► : deny approval or 4) return the setter to. the Planning Commission. liar;,. Schreiber repeated that the Toning of the site was 680 2/13/78 consistent with the Comprehensive Plan. Theoption, of making the eoieet public could be pursued, keeping in mind_that if.the-stte were developed with a public street as if it were general residential, the density would be significantly reduced. A tradeoff was that industrially zoned land was being converted to residential development -in a location "not that desirable for residential development," and so some potential residential and some potential employment was being created by the building of some three-bedrooar units, rich was also a goal of the Comprehensive Plan, with a. selling price of some of the units to be somewhat leas than comparable units in other parts oftheCity. If the City got into re -designing same of those desirable tradeoffs might be lost. Coun6ilmember Witherspoon said - that the issue of whether or not the internal street should be reedeeig ed was not before theme -her. question related to nuking oa17 the ecseso public. Mr. Schreiber said be perceived the question . of one following on the other. The entrance street to the Palo Alto Gerdeasdevelopment could be made public, but there were resume for not hewing the entracte to a berate -price housing development be a public street, and there were plennlog reas.00s for not having a public- street dead' -mead into a residential development. However, the City had not yet ascertained that Mr. Hirsch did wreat to ;ive the eeriest to the City. Counci1me her Witherspoon asked if staff bad any thoughts on the beat method of haudling the Pi'rning Commission rac=mendatIon before them. Mr. Schreiber said that if Council wanted to approve the tentative subdivision map as it now stood, separating off the 64:tibia question, he advised Council to make that approval subje t.to a 4itious; then staff could ascertain the likelihood of.the street beeoming public. Staff also had to find out if the fedszel government would allow the owner to "give" the street to the City, for, with a 236 developnent, under terms of the deed it wee under certain reet:rictious of the federal. government. Mayor Sher asked about po sibly. bavitag Council wait to apprise* the final subdivision sap, for Condition 7. bed to be nee in any -went, What could happen in bet eeu7 Mr. Booth replied . that the prof e t . of d be developed _ eel - sees unite could go. ore the arkaet, subject to ateeee approval. Mayor Sher confirmed that . conettamti ou erase to haws.- baesgua am the development March I. Mx. Schreibersaid iir. . Bridgeshad saidbe . wanted tobasis- construction at .8:3O e..m. Febeuery.14. °%s Stets Suhdiviaisn Map. Ant rm./virus that City Councils tads action thirty days sitar Planmims Commission action on tentative sago. The period could, however, be smtsmdad, : yor Sher meld Councilcould!ea s action* * with cood t tions . Councilmember Witharepoen acid Council's optUmG, than, were turning down the application c+oespsetaly, or sending it betokc- ta- ties P'l.ann tth Commission, or addias a condition. s Councilmambor Fletcher moved, ceded by Meedersoe, that irommeil approve the reeemmecdatiou of the PLeaaiag CametealWatulth the embalms that ee • Ustliies permit be issued until -the meter of the roadwalrems resolved, and man s eeinteeesee sgressees+et, te''be approved by City officials, is rid. : • b$1 2/13/le Councilmember Fletcher said that with P -C some other salutiov could be found. "Maintenance" in her motion, meant maintenance of the roadway by the two property owners. She was broadening Condition 7, for she Ways concerned that responsibility for litter collection, for example, might be shuttled between the owners. Also, there was the matter of resurfacing. Mayor Sher enlarged that the first part of the motion had to do with access; the second part related to maintenance. Be said be wanted to find out how staff felt about the conditions is the motion: would they prtact the City? Mr. Schreiber said he had some concern for he did not know if the motion intended that staff enter into a boned relationship, though that was one way of resolving the roadway matter. Mr. Booth said the motion did not give specific direction in some respects; staff did not need specific direction toward developing s maintenance agreessent. Mayor Sher asked if the present.P-C coaditions.ment4notaA maintenance of the private road. Or did the first document on Palo Alto Gardens make any specific mention of it? Mr. Booth said he did not know of any --the City had no indiction the't maintenance wee not proper to date. He was concerned about the mention in respect to the private road, for the City had no power to force MT. Hirsch to enter into any maintenance esreement. CeunciImember Fletcher said she had meant that Mr. Hirsch awl the of joining property owner should hove an agreement -which the City staff would approve. Mr. Booth said the City would look into it --turning the roadway into a public street might oolve the problem. Mayor Sher said that if public dedication .cation of tha roadvey.were not made he would think the motion before- Council amt that no building permit would be issued until the applicant . brought is an agreement shrug provision for adequate mainteaaoce of tLe roomy. Mr. Schreiber said that staff's concern was that the City not he caught between the two property owner& differeacaa. The firmest umy to avoid that Toss to change the P -C sons . and have it go , into effect, so that all the various elements of the development woi d - be compatible. A "fallback" position would be for Mr. Hirsch to indicate in sere tar that he was amenable to P -C some fie, making ng access ss road consistent with the tentative sap, if approved. - Thee "fall" poeitioe offered some hype of resolution of the differesce if the P -C sow mere not changed. The buildimg should not be built, Ld possibly told, vitb the access question still unres*1ved. The process of nine. tics P -C could he underway quite fast if Mt. Hirsch would sign a 3',C mons chemgi application. The planning stiff was, sympathetic to the►. pxcbleem<s. of tha residential tial developer, eM did not want to sees him bled or brit to a halt, for three-roomthrea-badroom doveiopmetAt was needed. Ths "fallback" poesition, then, vas to have Mt. Hirsch Le agreement with the swing change, with no ',undies permits to be iseut4 until times was s wome-ithimmips application. The "fallback" posiiiou permitted the project . to be started. Completion was another matter. Lynn Bridges, of Great eM !triages, said that the tom- to on the twe;' peresla of property were is eglatema bear tome !t use i tant.d to Palo Alto Gardens. Grant asd Bridges bod be told alms they first started their process, that they bad to tils a minor amendment after the 6$2 1/13/7$ first ARB meeting, in order to exorcise that,: easssamaent. rights. They did so. - .Then they ware- informed that. deny• headed. Mr. Eireeh's signature. Counc. !member Fletcher's point about maintmnanae. wan covered by the Real Estate Board in their review of the project. Grant and Bridges did not agree .with the City, because Grant. sad Bridgeshad easement rights prior to the P -C. Mayor. Sher asked if Councilmembir Pla*char.wantadto go. fosward with her motion. Councilmember Fletcher said ohs did. Councilmeeher Eyerly said he had. questions- oxi tbs.-tentative plan; the condominiums owners had the responsibility to !seep the fire lanes clear. Ha felt that woaa 'questionable, and -ha weaved some staff count on that as well as on how nany parking spaces thee. were to be, a1org with space for turnaroussd and parking space for guest park ing . Mk. . - Schreiber agreed that the developer had to . m ,tntain sccaae for fire vehicles on the driveways- The fire departnent.did tolerate the space devoted to turnaround. A transparency showing. asp guest parking space for every two units onthe co nc i l.chaebsr welt . had been sbawn to the P lance xg CoMMis ss ion . lenn Bridges said each unit had a two -car garagewith automatic garage door opener; there vere twenty -•four, noe-taedem guest paring places; nineteen of theunite he tandem -type perking in the drive aya. Coun.cilnembeer Eyexly staked Mr. Br. idges . if ha and the. owner. of Palo Alto Gardena had some agreement on dedicating the aceesa roadway- to the City. Mr. Bridges replied . that Mr.. t= irach . had asked Grant and Bridges to achieve that. The streetscan on Grant. asad Bridgaa property, and Palo Alto Gardena hadau eaavaeut on it ---the atmet property was a trade: for Palo Alto Gardena to get arc-cs.sa to San AntonioRead . they had traded the rights on the road, The City had imposed the non -access strip on San Antonio Road. Couecilmember Carey ascertained that the applicant Cued . tee documents -4 license and an easement, espying. aeons had to _ ba provided. He voiced impatience with the logic, and continued - to . ssey , be cad not believe the applicant eould scot get at loast two access points,.points,.oee with the lice and - one with the *a +t He wanted the- City to . >sseka it a public street,. zed - maintain it, or keep it a private road, with the risk that mainteaaece would take plans. Be -stressed . that the City should not give the advantage to ens party of on alters atiot , which, it the motion pansid, would be the result. He favored passing the Planning Ceps/mission reeommendation as it via now written; he predicted the two parties would resolve the matter between themselves, and that there would be two access points. SUBSTITUTEMOTTOS; Councilmember Carey moved, seconded by Fa.ssian, that Council approve the Plannins Commie/Pion recommemdation to approve the application of Grant and grid,gss fora Tentative Corsdoeiniu m Subdivision Map at 670 San Antonio Lead, subject to conditions in Janes 20 staff report. Mayor Slur asked if the questions regardins access road, turnaround space and perking space* constituted grounds for denying approval of the tentative subdivision map. City Attorney Robert nth replim4 that they did. 683 2/13/78 Councilmember Witherspoon asked Councilmember Carey if he had noticed that Item 7 on page 6 of the staff report stated "The developer shall be responsible for processing a minor amendment to P -C zone. . . ." Counciimeaber Carey said the further condition that building permits not be issued was not included in the recommendations. His motion asked that the Planning Commission recommendations only, be passed. Palo Alto Gardens had had the condition of granting access to a subsequent developer *posed on it. Now Palo Alto Gardens was saying it wouldn't grant the access --the logic was reusing. Did Grant and Bridges really have to file for a P -C change? Mr. Booth replied that if four access points we=e to be granted the answer as to the need for a P -C change was "yes," and if there was to be only one access point the answer was°"no." Mayor Sher demurred at covering those questions again. Councilmember Carey asked what the outcome might be if Council removed Condition 7. Z4r. Booth said be had not examined the doe:meets closely --presumably Grant and Bridges would be able to enforce their access rights, though it was not unlikely they would have difficulty free either Hirsch and Stern or from the City in getting the four access points their tentative subdivision map showed. Councilmember Carey said that if Council approved the map the access would be included, and so i would have to be provided. Mr. Booth said that fewer points of access might be provided. Councilmember Carey said that then the City would not approve the final subdivision map. ?".r. eeoth said that occasions on which condominiums.' had been sold on a tentative map were known. AMENDMIWT: Councilmemher Carey moved, with the approval of his seconds Coscilsember Pazsino, that the main motioe Include the elimination of Condition 2. Councilmember Carey **id that if Council passed his amendment the City would diaeengaage itself feom the dispute between the property owners, and also his motioe weld hilp to equalise the bargaining psi between thee- The tentative says before Council for approval showed two access points. If those *comas points uere not on the final subdivision sap which would be witted to Council for awoval, Council would not have to approve it, . Se dial not thin sales could be suede prior to approval of a final subdivision as p. Councileember Sanderson deplored the tie spent by Council as a result of bzving an lacomplete application brought before it. Hi *greed with Councilmember Eyerly that the project was marginal in sone regards. The property was adjacent to a car dealership and en expressway. It did not know how high the fences weee--he felt they should be eight feet. Mr. Schreiber said the fences were 6 feet ten inches lfr. Booth said that with ae variance they could have a higher fence, 6'S 4 2/13/78 Councilmember Henderson said he was concerned rout the traffic situation; Palo Alto Gardens had been approved because access required a right turn. The inadequate left -turn lane At Ijid4lefield already exacerbated left turns. Mayor Sher said he was troubled because if the buildings were completed they would surely be sold. Though they would have one access they might not be able to get the four access points shown on the tentative map. He did not see how the string of events leading backward from obtaining approval on a final map being contingent on obtaining the access points would work out advantageously. Re di4 not favor deietirg Condition 7. SUBSTITUTE AST: Mayor Sher *coved, seconded by Henderson, that no building permit be issued for the development until the applicant produced assurance that there are no legal obstacles to providing the four access - points shown on the tentative subdivie:ion map. Councilmember Eyerly said that the marginal turnaround, parking space and assurance of fire lanes being kept open had to be waived in view of sat the development was giving the City. The area of the development was poor; the density of 11 or 12 units per acre was not high. The fire lanes were his major concern. He assume that when the fire department accepted those dimensions it had realized the depth was about 150 feet, and that, if the lanes were not free, the fire department could still service a fire in one of the units. Mr. Schreiber said chat the fire department did have that assumption. CouncL1member Eyerly agreed that the developer could be put into a very bad position by the City if some of the contingencies which had beer proposed were put into force. Thy developer, with the thirty -day buts to obtain Council approval after approval by the Planning Commission, aleo had a difficulty, for the P -C might not be obtainable within 30 days, He thought Council should stop debate and move ahead on the substitute motion. SUBSTITUTE AMENDMENT FAILS: The motion that no building permit shall be issued for the development until the applicant can produce assurance that there are no legal obstacles to providing the four access points failed on bee following vote: AYES: Pletcher, Henderson, Sher, Brenner Ham: Carey, Eyerly, P'auuino, Clay ABSTAIN: Witherspoon AMENDMENT FAILS: The amendment that the main motion be passed without Condition 1 failed on the fo1loming vote: AYES: %eerly, Carey, Far lno, Clay NOBS; Bremer, Fletcher, *:eon, Sher, Witherspoon Mayor Sher asked what would occur in relation to the recommendations enditiona if Council did nothing furtbagr. Mx. Booth replied that the tentative subdivislom map would be denied, and Mr. Bridges would have to start planning a different approach. MOTION TO I3 : Mayor Sher wed, seconded by Benders= , that Council reconsider the Carey amendment. 2/13/78 MOTION PASSED: The motion to reconsider the Carey amendment passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Brenner SUBSTITUTE MOTION: Coum.ci1,e ber Carey moved, seconded by a'enderson, that Council approve this eubstituze motion, that the Planning Commission recommendations be approved with the condition that no building permit be issued for the development until the applicant produces assurance that there are no legal obstacles to providing the four access points shown on the tentative subdivision map. SUBSTITUTE MCTION PASSED: The emotion that Council approve the Planning Commission re-ommemetie m with the condition that no building j er it be issued for the development until the applicant proves *assurance that there are no legal obstacles to providing the four access points shown on the tentative subdivision map, passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher NOES: Brenner, Witherspoona. Anne Steinberg, d'airwomat of the Planning Commission, commented t:zat the access was not in question during the Piars.ing Commis;'1cn hearing, Mayor Sher assured her that no defense of Planning Commission action was needed. MOTION: Council tuber Henderson moved, seconded by Fazzino, that the matter concerning the proposed amendment to the Palo Alto City Charter, Article VIILl,Palo Alto Unified School bisstrict, be brought forward for consideration by Council cot consideration at the present :Awe. The notion passed on a unanimoe;e vote. Wan OFCITY t RE AucT The propoe U concerning the method and term of elections of the Palo Alto Unified School District Hoard of Tutees had been given in a letter from the office of City Clark Ann Temeer elated February 9, 1978. Counci1er Witherspoon commented theft the legislative bulletin in Cow rs' packets, page 3, bad information about a bill now in legislature propping to cosibine general municipal elections with school district elections. Though Palo Alto was a Charter city and would not have to comply even though the bill passed, she thought the proposal afforded a swa way to save money when the elections occurred at the asme tlae. Councilmember Feasino recalled a long discussion .t,me years back on the poesibility of icing earl district tad Cfty elections. He recalled the idea bad boon rejected. MOTION: Councilmember Faaleira° introduced the following resolution and, secooded by Henderson, moved its approval by Council: 686 2/13/78 RESOLUTION 5519 entitled "RESOLUTION OP THE COUNCIL OF THE CITY or PALO ALTO SUBMITTING TO THE ELECTORATE OF THE t"1TY OF PALO ALTO AT A S.,,CIAL ELECTION TO EE HELD JUNE 6, 1978, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF PALO ALTO TO CHANGE THE )ETHOD AND TERM OF ELECTION OF THE BOARD OF EDUCATION OF THE PALO ALTO UNIFIED SCHOOL DISTRICT AND REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE DIRECT PRIMARY ELECTION:TO BE UELD JUNE 6, 1978." Councilmember Witherspoon asked if proponents of the proposed resolution felt candidates for the school board election would be handicapped to be running for their offices on the same ballot as candidates for municipal offices. Corrected Jean Johnston, 813 Cedro Way, proponent of the resolution, said that the see page way the stipulation about time of election was presently worded was that 836 the election of PAUSD board members was to take place at the same time as the Foothill-DeAnsae junior 41Oilege ecU ct e. Almost all echoo1 elections took place concurrently, and can that one day there was considerable publicity in the papers. Some voters might be lost if school elections were to occur on the same day as municipal elections, for some school distritt voters were from Stanford and Los Altos Sills. Councilmember Witherspoon said she thought combined elections was a meritoua idea. Vice Mayor Brenner asked if any confusion might result from the school election taking place at the same time ae the proposition about school districts came before the electorate. Ms. Johnston said that people who lived outside the City. of Palo Alto would fall under general law. Joan Heymann, 4159 Old Adobe Road, president, League of Women Voters, said that the League had considered that question, but had not reached s cone lust en. Couacilm .:►ec Pazzino suggested that the matter of having school and as anicipai candidates on the same ballot should be discussed fully at some later date by Council. He supported the proposed charter change. Mayor Sher pointed out that sioce the Palo Alto Unified School District (PAUSD) was controlled by the City charter the City' paid for tae cost of holding 'school elections. MOTION PASSED: The notion that Council approve the resolution submitting the proposed amendment to the Palo Alto City Charter to the voters on June b, 1978 paused on a unaa;moua vote. MOTION:, C unci1m sber fanzine moved, seconded by Henderson, that Council approve the following items recommended by staff: 1) That Council adopt a policy to be followe4 toncerni ; Election Cods Section 5014.5 t.c permit rebuttal arguments; 2) Direct the City Attorney to prime an martial. analysis, not to canoed 500 words; 4) Request the School District and/or the Leagle of Women Voters to prepare an argot in s>a r t' of the Charter amendsient which they have proposed. The zootiosa parsed on a unanimous vote. MOTION: CoencAlmeaNer r 4 moved; seconded by Yassino, that,'Imbed cm comditions contained is the County Paramedic proposal, that staff approach appropriate County officials and representatives of t other cities in Paramedic Zone I and indicate Palo Alto's interest in providing paramedic service to.Zone I. In addition, direct staff to pursue funding provisions for providing this service as established by the Santa Clara County Board of Supervisors. 1 1 Corrected see Pa's SYS Councilmember Fletcher asked if, by passing the motion before it, Council would be approving a fee -for -service paramedic service. Acting City Manager Charles Walker said that was not now a part of the agreement. Councilmember Fazzino said he would not approve a plan approving the concept of fee service, for the Palo Alto medical service had been accepted as basic to residents' lives. Also, he was concerned about leugthening the time in which need by Palo Alto eesidents could be anaw*red; if that c i were lengthened at all it should be done only if the savings were substantial. Councilmember Clay said that: there had been considerable discussion about the fee -for --:service plan some time back. $e thought Council should go on record as opposing that. AMENDMENT: Councilmember Clay moved, seconded by Pazeino, that Palo Alto paramedic service should not be a fee service. Mayor Sher said the paramedic program had been discussed in the Inter City Council (ICC) and intergovernmental Council (IGC) and it had been made clear that the County plan contemplates charging for those portions of para d.4cai. services that are customarily reiszbursed by insurance. Rod Diridon of the Board of Supervisors said that about 90 percent of all of the people in the County had insurance that would cover such costs. Palo Alto paramedics would not be doing any billing; the county would do that. Counciimeebers, he thought, should be aware of the consideration which the County was going to raise. Mayor Sher said he did not know how much control Paso Alto would have on the county plan. Chief Korf f of Palo Alto Fire Department replied than. Palo Alto paramedics had voiced their wish to not have fee -for -service, and also that it was not remunerative. The County had to do more study before they reached a conclusion. Getting Zone 1 iato operation was the important thing, he thought. Mayor Sher said that the motion before them would direct staff, in its discussions with the County, to say no oae in the original Palo Alto service area should he billed for tbe service, and that would be a point in negotiations about the swatter of funding. Co* sciloember Clay said he did not think 90 percent of the people covered by paramedic service carried insurance that prov'ded for such service. Be vas -worried about the remaining 10 percent, in a;.y case, Mayor Sher said that if Councilmember Clay's point of view vas the position cf the Council the Pals Alto paramedic series ought not to be offered to an extended ere* outside of Palo Alto. First the City should find out tbe County's poeition. Councilmember Sender:ma recalled that when the paramedic service had been initiat,'d it bad boas agreed that if a party, to whose cal both a private Imbalance and the paramedics responded, bad to be taken to a hospital, the private. ambulant* bad to :yaks them, 64 the poreMedics "tagged along." At present rates paramedics receive sore for such service. than does a private aabulgince fits. He urged that Councilmembere watt on passing the amendment until .I t was knowu what the county plan vas, for there might he _a savings to users, and be did not want to rule that 0141 b 8 8. 210178 ANE NT PASSED: The amendment, that Palo Alto paramedic aervice shot+.ld not be a fee service, passed on the following vote: AYES;: Carey, Clay, Eyerly, Fazzino, Witherspoon NOS: Brenner, Fletcher, Henderson, Sher MOTION,AS AMENDED PASSED: The motion, that based on conditions contained id the ,County Paramedic proposal, that staff approach appropriate County officials and representatives of the other cities in Paramedic Zone I a$d indicate Palo Alto's interest in providing paramedic service to Zone I, and, is addition, direct staff to pursue funding provisions for providing this service as established by the Santa -Clara County Board of Supervisors, with the provision that Palo Alto residents not be charged for paramedic services, passed on a unanimous vote. DISCUSSION OF ITEMS REMAINING ON THE AG IDA Mayor Sher pointed out that the Home Weatherization program and items 15 through 20 still remained; the time was midnight. Counci1member Eyerly said that the meeting could be contanned, which would mean that the remaining items would be first on the agenda of the next meeting. MOTION: Co acilmember Eyerly moved, seconded by Clay, that the present Council meeting be continued to 7:30 p.m., February 21, 1978. Councilmember Eyerly said he so moved because he would not be in town the following week. Coin ci1me,eber Fletcher pointed out that PAUSD met February 21, so Jean Johnston could not epeak to the Council on item 16. Mayor Sher said the matter on PAUSD could be continued to a subsequent date at the time of the meeting of February 21. Councilmember Carey announced that if the emotion passed the Finance and Public Works Committee meeting would be re -scheduled for February 22, 7:e0 p.m. Vice Mayor Brenner announced that Policy and Procedures Committee would Peet February 28 instead oa' arch: 7. Mr. Booth pointed out, apropos of difficulties in fielding a suitable Council meeting,date, that Council could always cancel a meeting that Is continued or ,set for another time. MOTION PASSED: The motion to continue tba present Febr zsay 13, 1974 Council nesting to February 21, 1978, at 7:30 p.m', pureed on the following vote: AYES: Brenner, Carey, Clay, EEyerly, Fletcher, Henderson, Sher, Witherspoon NOS : wino ADJOUIDUNT Council adjourned tha meeting of February 13, 1978, to be continued February 21$ 1978, et 12:1S 41.16