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HomeMy WebLinkAbout1978-07-17 City Council Summary Minutes8 i CITY COU1CIL MINUTES ITEM Minutes of June 19, 1978 Oral Communications Jerry Treber, 2265 El Camino Mary Ann Mirk, 725 Cower Con 3urath, 1930 Ivy Lene CITY OF PALO ALTO July 17, 1978 Regular Meeting PAGE 25 25 Consent Calendar m Action Items Finance and Public Works -Committee Recommends 26 Implementation of Palo Alto Housing'Corporat,on°s Method of Acquisition of Properties 400-412 Pepper Avenue; Chant, in Development Plan; 26 Application of George Cody 750-765 Bryant Street; Tentative Condominium Subdivision 26 Map; Application of Theodore and Claudia Cope 1333 Tasso Street; Preliminary Parcel Map with Exceptions! 25 Application of Phillip Gagnon 1945 Cowper Street/1945 Tasso; Miscellaneous Division of 26 Land; Application of Inga Koenig 550-560 Forest Avenue ; - Ten ati ve_ Condomi rni um Subdivision 27 Map (8 Units); Application of Harrington/Kulakoff Black Mountain, Zone District 0-S; Site and Design Review 27 of Microwave Antenna; 1pp1 lcation" of Gill Cable Canvass of Special Election Rol uti on of Wei cue to Oaxaca Students and Guests Report of Councilor Eyerly re Northern' California Power Agency--Caleveras Hydroelectric Project Policy and Procedures Ce sd ttee ReccoMendations re C I R Mitigation Measures Request of Councilmember Sher re' Review of Council Prerogative re Parking Structure at 101 A1*a Adjournment to Executive Session Request of Councilor Sher re Review of Council Prerogative re Pa king Structure at 101 Alma (Continued) 27 27 28 36 23 7/17/78 ITEM 3885 Page Mill Road: Richard Barry Request of Vice Mayor (Stanford Daily Case) Request of Cauncilrr ber Fletcher re Dog Impoundment Fees Request of Vice Mayor Henderson re Council -Initiated Letters Request of Vice Mayor Henderson re Charles Walker Oral Communications Frank Manfredi, 219 Addison Avenue Ad ournint to Executive session Adjournment in Memory of Josephine Duveneck 24 7/17/78 Preliminary Parcel Map.; Application of Henderson re Letter Protecting Press PAGE .J 39 41 41 42 42 42 42 July 17, 1978 Regular Meeting The City Council of the City of Palo Alto met on this date in a regular meeting with Mayor Carey presiding. PRESENT: Brenner, Carey, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon ABSENT: None MINUTES CAF JUNE 19, 1978 Courrcilmember Brenner referred to page 1027. She asked that the second sentence in the sixth paragraph be deleted, and inserted in its place the sentence: "She thought Menlo Park had participated, either directly or -indirectly, in the agreement where a 90 -foot setback on the land on the Palo Alto side of the creek which was zoned for housing. Menlo Park would be equally interested in a protective setback or property between Ch idr€&s Hos ita7 and the El Casino and ►ould b-gi *Itching for similar consideration at this point.`' Councllmember Witherspoon asked that the fifth line of page 1020 read instead, "Alison Lee, 1241 Harker Avenue, Chairwoman of the Standing Committee on the Arts. . . . asked that the phrase read, "t . •receiving a negative answer, • • Mayor Cary referred to page 1032, ninth paragraph, third line, the phrase read, "...because of delays within the City structure, . • ." MOTION: Councllmember Fazzfno moved, seconded by Henderson, that Council approve the minutes as corrected. The motion passed on a unanimous vote. Mayor Carey referred to page 1028, third line, fifth paragraph, and ORAL COi f I CATIONS 1 . Jerry Treber, 2265 El Camino, representing- his store, the- Baidin Piano and Organ Center, said he was asking for a variance on the sign procedure. He wanted a sign to extend over the s ignwork , contrary to the municipal code, for his store, which he had just opened. All of his property was 'over public property" so far as the marquee was concerned. He cl rc ul ated photos showing the specific circumstances he referred to, and said the only advertising permitted him was on the inside of the front window. 2. Mary Ann Mark, 725 Cowper Street, asked that the matter on Environ- mental Impact Reports (EIRs), be discussed fully by Council that evening. Stie thought that when EIRs were required they should go to the Planning Commission, 3. Don Surath, 1930 Ivy Laws, represented Palo Alto Citizens for Rent Relief, an ad hoc group forted to try to have landlords pass their real estate tax savings on to renters. To phis the initiative on the November ballot, 4,152 signatures were needed by August 1. He gave his group's phone number for those who could volunteer their help. 25 7/17/78 CONSENT CALENDAR Referral Items None Action Items FINANCE AND PUBLIC WORKS COMMITTEE 11EcbmmENDt i PC ME1 TRFTQN a �. FAL() Aut Housih u •'fH l 's IES The Finance and Public Works Committee recomends, by unanimous vote, the implementation of the procedure recommended by the Palo Alto Housing Corporation in its letter of June 14, 1978, for acquisition of properties under Rental Housing Acquisition Program, deleting in the second paragraph the words "mayor or other designated member of the Council" and substi- tuting the words "City Manager.'' 400-412 PEPPER AVENUE MALTIFITEMPRERY PLAN rr:17,..77.4Mrragrinr= Mayor Carey abstained oh this item. The Planning Coonission unanimously recommends approval of the application; of George Cody to amend the P -C (Planned Community) Development Plan to permit redesign of six residential units for property located at 400-412 Pepper Avenue. RESOLUTION 5568 entitled "RESOL UT I0N OF THE CITY OF PALO ALTO AMENDING ORDINANCE 2952 TO MODIFY THE DEVELOPMENT PL" -,N FOR CERTAIN PROPERTY KNOWN AS 400-412 PEPPER AVENUE AND ZONED P -C (PLANNED COMMUNITY), SUBJECT TO CONDITIONS." 750:1651R A_ STRE PE The Planning Commission unanimously recommends approval of the application of Theodore and Claudia Cope for a tentative condosinitm subdivision map (8 units) for property located at 750-765 Bryant Street. 1333 TASSO STREET rattrninrmatMAP WITH EXCEPTIONS RESCII.UTIOK 556 entitled "RESOLUTION OF THE � IL OF CITY OF PALO ALTO APPROVING THE MISCELLANEOUS DIVISION OF LARD AT 1333 TASSO STREET AND GRANTING AN EXCEPTION SUBJECT TO CONDITIONS." 945 CO! STREET11944 TA$S0 . I The Planning Co i ss i on unanimously recommends approval of the application of Inge Koenig for a preliminary parcel asap with exceptions for property located at 1945 Cowper Street/1944 Tesso Street. 26 7/17/78 RESOLUTION 5570 entitled "RESOLUTION OF THE COUNCIL OF T}iE CITY OF PALO ALTO APPROVING THE MISCELLANEOUS DIVISION OF LAND AT 1945 COWPER/ 1944 TASSO AND GRANTING AN EXCEPTION." 550-560 FOREST AVENUE TIRTATIVrMWMITUI SUBDIVISION MAP 8 UNITS The Planning Commission unanimously recommends approval of the application of Harrington/Kulakoff for a tentative condominium subdivision map (8 units) for property located at 550-560 Forest Avenue. BLACK MOUNTAIN, ZONE DISTRICT 0-S FANTENNA 0. "M_ OF GILL CABLE _ eo a n n orrom ss o and Architectural Review Board unanimously recommend approval of the application of Gill Cables for Site and Design Review of Microwave Antenna for Black Mountain, Zone District 0-S. CANVASS OF SPECIAL ELECTION RESOLUTION 5571 entitled "RESOLUTION OF THE COUNCIL O( THE CITY 0 PALO ALTO DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON JUNE 6, 1978." MOTION: Councilmember Fazzinv moved, seconded by Henderson, that Council adopt the resolutions and approve the staff recommendations of the Consent Calendar. The motion passed on a unanimous vote, Mayor Carey abstaining on the matter concerning approval of the P -C at 400-412 Pepper.Avenue. RESOLUTION OF WELCOME 1'O OWACA — Mayor Carey read a welcome to fifteen students from Palo Alto's sister City, Oaxaca, state of Oaxaca, Mexico, who would be staying with families in Palo Alto; fifteen Palo Alto students would reciprocally be staying with Oaxacan families, for a period of six weeks this 'su r. Seven other Oaxacans accompanied their fifteen students. Mayor Carey gave each of the fifteen students a resolution of welcome. Their names were! Juan Rene Vargas Fabila, Alejandro Vera Garcia, Oscar Abraham Lopoz P., Carlos Luis Valle, Fior Julieta Gomez Ortigoza, Arturo Molina Gutierrez, Sandra Maria de Guadalupe Calvo felguerez, Gerardo Jose Corres Tenoria, Adriana Aragon Rodriguez, Enna iiidia Gutierrez Arias, Gerardo Miron Miraa ontes, Maria Lorena Calderon Montes, Maria de Lourdes Bello Guerra, Divine Hanako Oda toolrich, Laura Guillarmina Santibanez Woolrich, Mayor Carey expressed, on behalf of Palo Altans, appreciation for the warm and significant contribution Oaxacans had made to the Sister City program. Or. Tom ikon, president of Neighbors Abread, apresented to Council the Oaxacan donors of seven terra cotta hand painted figurines, along with a book of photographs of Mexico* both to be placed at the Palo Alto Cultural Center for perusal and display. MOTION: Couecilmember Clay introduced the following resolution and, sew by Fazzino, moved its adoption by Council: RESOLUTION 5572 entitled "RESOLUTION OF THE COUNCIL Writ cm 00 PALO' ALTO RECOGNIZING THE PRESENCE OF, AND WELCOMING TO, THE CITY OF PALO ALTO, OAXACA, OAXACA, EXCHANGE STUDENTS AND GUESTS." The motion passed on a unanimeus vote. 27 7/17/78 REPORT OF COUNCILMEMBER EYERLY RE RORTHERN CALIFORNIA POta AGENCY . MAYERAS HYU CELEZTRIC PROJE'tT (CMR:345+8) Councilmember Sher reminded Councflmembers that he had asked for a report on NCPA from Palo Alto's representative, Councilmember Eyerly. The Calaveras i1ydroelectrlc project depended upon a bond measure, which had tailed on the ballot of June 6. An attorney writing on the -project said that the bone measure's► failure to pass expressed "the tell of the people," and it should not be placed again on the November ballot. The initial sponsors of the proposed hydroelectric project had been directors of the Calaveras Water District, and they had recently decided to try the measure again on the November ballot. Councilsr ber Sher asked if the project depended wholly upon passage of the bond issue. Robert Nagel, Light and Power, replied that if the November bond issue failed the project was finished so far as NCPA was concerned. The memorandum of understanding said that if the bond issue did not pass NCPA could terminate its agreement with Calaveras County by December 1, 1gi8„ Mr. Nagel said that, in his opinion, in the event the bond issue did fail, NCPA would terminate. Councilmember Sher ascertained that no action by NCPA members would be permitted or effective even if it were permitted, to persuade Calaveras County residents to pass the bond issue. Mr. Nagel confirmed that, saying that also it was legally important that Palo Alto not take a position sirce it was not "resident of the county. From a practical point of view it would be poin"ties for NCPA to proceed with the project if it did nct have a buyer for its power. Councilmember Sher asked if NCPA had the power to terminate before November. Mr. Nagel answered that that was controversial; one way it could do so was on the technicality that the price of power was now determined to be a little higher than that given in the memorandum of understanding. So far, $CPAs through not having exercised that option, has indicated its willingness to continue in the project. At MCPA's last meeting on June 29 it had passed a resolution to maintain its interest in the Calaveras project. Councilmember Sher noted that NCPA had spent $549,000 on the project as of March 31, 1978; Palo Alto's share was $153,105, for the Calaveras project. He asked if the money would be lost if the project failed at the pool l i ng booth. Pir. Nagel said that the specific money advanced for the new project would be returned --the amount advanced had to be determined. Councilmember Sher said he would have wanted to be apprised of the risk of the bard issue failure, but of course it could not have been known, POLICY ANSI PROCEDURES COMMITTEE RECO1'VENCATTO S RE En NATIGAYION MEASURES Councilmember Brenner said that the drafting of a provision making the Planning Commission the appropriate body to review Environmental impact Reports, had been referred to the Policy and Procedures Committee by Council on June 14, 1978. The Planning Commission would then become the body to recommend mitigating measures to Council. Council had recently adopted the new Title 11, which provided that a public hearing be held on a draft EIR at "...thee optimum point for public participation." That optimal point was the question; staff was also asked about procedure, to make sure the Planning Commission was brought into the process, hence to Council for final decision making on projects requiring a draft EIR. Questions regarding clarification and refinement of process had grown out of the process, on projects requiring mitigating EIRs. MOTION: Councilmember Brenner, on behalf of the Policy and Procedures Committee, introduced the following recommendations and moved their approval by Council: The Policy and Procedures Committee recommends to Council by unanimous vote, Councilor Clay absent, that the City policy be to allow mitigation measures for all projects without regard to hoer the mitigation measure is related to governmental approval. The Policy and Procedures Committee recommends to Council, b) a vote of 2-1, Councilmember Clay absent, that as under present procedures, the decision -maker for a project and, therefore, the one to make the decision on mitigation measures, can be a staff person, the ARB, or the Council, depending upon the type of approval required. The Policy and Procedures Cmmmittee recommends to Council by unanimous voce, Counci lcr► er Clay absent, that to the extent possible, the City Council shatl eppreve mitigation guideline policies for qualifiable projects in order to implement the objectives intluded in the Co rehentive Plan. Carol Leer, 235 Waverley, spoke for Midpeninsula Citizens for Fair Housing, and said her group felt the City should separate consideration of mitigation measures from the type of governmental approval being sought, for lack of that separation had "muddierr the Zoning > inistrator's decision regarding the Stanford -Hewlett Packard project. MCFli thought the City should develop clear guidelines so that they could be implemented objectively by staff, along with goals of the Comprehensive Plan. She said her group thought the Planning Department, the Planning Commission and the City Council should have the responsibility of approving mitigation measures specifically, and environmental impact generally. The role of the MB should be limited to aesthetic and public, convenience concerns, along with, assuring compliance with architectural standards. MCFH thought the public should be informed of the potential effect inherent in employment -generating potential in ceemercial, industrial and office projects. Legal notices in the newspaper provided insufficient information upon which concerned citizens could base their decision as to whether or not they should attend a public hearing. Such notices should include a statement of the range of numbers of jobs attendant upon proposed projects, if more than an established minimum of jobs was involved. Comecilmei er Fazzino explained to Council that he had originated the third recoa nda ti on of the Policy and Procedures Cawwi ttee because there had been delay getting project epproval while the project awaited 29 7/17/78 approval of its proposed mitigation measures. General guidelines should be established, so that each project would not be required to make varying kinds of mitigation, thus avoiding unsettling differentiations. Councilmember Brenner said that the controlling policy would be the Comprehensive Plan, and with that back up other strictures would not need to be so severe. Corrected see page 82. Councilmember Witherspoon said she could not wholeheartedly support the recommendation about housing, because it was not yet known how in --lieu payment would be affected. She did not think the job/housing ratio was a Palo Alto problem; it was a regional problem. She did not think Palo Alto should take it on, when, for example, some other cities had minimum lot sizes of one acre. Mayor Carey suggested breaking the recommendations into single parts -- the first having to do with not having mitigation' measures relate to government approval. Councilmember Eyerly referred to page 2 of the June 21 report from the City Attorney's office on the topic; point 2 referred to allowing mitigation measures on a case -by -case basis. The use of the word "allow,'' he observed, had a different meaning, more in the sense of legal proscription, in point 1. The same "allow" in point 2 implied a m=uch looser point of view. Marilyn Norek-Taketa said that the word "allow' was confusing --the City Attorney's office had meant "...adopt as policy.' Councllmember Eyerly said he thought that point 1 meant a governmental body would determine whether or not mitigation measures were needed. Ms. Horek-Taketa explained that some circumstances, such as a • request for height variance,may not be closely related to the mitigation measure needed. If it were found some aspects of a project were infeasible, a statement of overriding consideration would be made, that is, a mitigation measure wo;mld not be imposed. Mayor Carey ascertained that she did not refer to voluntary mitigation measures that may result in a negative declaration. Ids. Norek-Takete said she was not; she was speaking of mitigation measures imposed as a condition of project approval. Mayor Carey said the voluntary mitigation measure instance bore no relationship to the process (of mitigation measures themselves), as to whether or not a negative declaration was issued. Ms. !sorek-Taketa replied that if such was City policy s great deal of negotiating power in asking for mitigation measures was lost by the City. Mayor Carey answered that if the motion were not passed the City would be denied its ability to work out with a developer those mitigation measures not related to governmental approval and which could otherwise result in a negative declaration. FIRST COMMITTEE RECOMMENDATION PASSED: The first - Policy and Procedures Committee recommendations that City policy be to allow mitigation measures for all projects without regard to how the mitigation measure is related to governmental approvals passed on a unanimous vote. 30 7/17/78 Corrected see page 82. Corrected see page 82. Mayor Carey brought forward the second committee recommendation. Ceuncilmember Fletcher said she had surveyed other cities to see what channels they used for processing environmental impact reports; most .cities set the Planning Commission as their first review bodies, though many did not. She preferred having the Council be the final decision maker; it would not be burdensome since there were only two or three EIR reports each year, for increasingly staff was negotiating negative declarations where no EIR was required. She did not think the ARB was the body to deal with an overall environmental impact decision. Staff 'also should have input from broader sources. AMENDMENT: Ccuncllmember Fletcher. moved, seconded by Henderson, that the City Council be the final decisionmaker for mitigating measures on projects. Councilmember Brenner ascertained that the motion intended that the project under consideration go first to the Planning Commission. She felt polarizing of the community would be forestalled in that way. She supported the motion. Councilmember Eyerly asked if both the Planning Commission and the Council would hold public hearings on EIR protects. Councilmember Fletcher said that the Council had adopted a proposal that on EIRs p..btic hearings would take puce, to be held at optimum times. Councilmember Eyerly asked if she meant at the Planning•Commission level. Councilmember Fletcher said she assumed by the Planning Commission. there would be one public hearing the public hearing would be held Councilmember Witherspoon said the Comm ttee with the bond counsel that the final body to body to hold the public hearing. Two public she thought. She hoped each EIR would not be very few to come to Council, and then on the had more or less concurred consider the EIR be the hearings would be redundant! 'hotly contested,' with matter of appeal. Councilmember Fletcher said that if projects are significant enough to require EIRs she thought Council should have the final say. As rules now stood, there were two public hearings in any cases -one on the draft EIR and one on the final. Vice l yor Henderson said he thought EIRs were important enough to come before Council; he was not concerned about the added time thus :pent. Mayor Carey observed that had one applicant not anted for a variance he could merely have asked far a building permit and obtained it. Betsy Crowder, Planning Department, said that any project that was over 2500 square feet required an environmental assessment, which was a negotiating process between the Planning Department and the applicant. If; because of its size, the project was perceived as narking an #sect, the Planning Director contacted the applicant and asked that mitigating measures be produced. Did the amendment before Counci l . refer only to full EIRs? Councilmember Fletcher said her ration. did not -refer to environmental assessments, but to environmental impact reports. 31 7/17/79 Mayor Carey spoke against the motion:'much time and money had been spent on a Comprehensive'Plan and a new zoning ordinance, which was, essentially, a mitigation process. The City, when it reviewed the Plan and the zoning ordinance text review, presumed development; and now the present sense was to 'catch 'em if they need a variance,'' or "catch 'em if they need ARB review" on an ad hoc basic, which meant that the process (of setting standards) started all over again. It resulted in a feeling of having form without substance and going through procedure for procedure's sake. He thought that need not be the case; the appeal prxess was available to applicants if the environmental assessment was ex;epted. Imposing an additional burden on development added to costs. AMENDMENT FAILED: The amendment that the City Council be the final decisionmaker for mitigating measures on projects failed on the following vote: AYES: Brenner, Henderson, Fletcher, Sher NOES: Carey, Clay, Eyerly, Fazzino, Witherspoon SECOND COMMITTEE RECOMMENDATION PASSED: The second Policy and Procedures Committee recommendation, that, under present procedures, the decision - maker for a project, and, therefore, the one to make the decision on mitigation measures, can be a staff person, the ARB, or the Council, depending upon the type of approval required, passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fazzino, Henderson, Witherspoon Corrected see page_ 82. NOES: Sher, Fletcher Mayor Carey brought forward the third part of the Committee recommendation. Councllmember Fazzino said he did not want to quash creativity on the part of the staff but he thought it important for Council to go on record as supporting those policies which implemented the Comprehensive Plan. The Planning Director, on the base of that policy, should ask that projects incorporate such conditions as followed the Comprehensive Plan. Councllmember Sher said that as he interpreted the third recommendation it called for the drafting of some guideline' policies. Deondi had in their material for that evening's consideration some guidelines suggested by Mr, Knox and ?'s.. Crowder of the Planning Department. Council could simply adopt them, Mayor Carey said he thought the otion' before the did not include edoptior of those guidelines. Councilmember Sher confirmed with Ms. Crawder that staff had intended. that Council consider adoption of those guidelines. Ms. Crowder said that had been staff's intent --staff thought it was fair for applicants to know tit was expected of them. Council was certainly free to choose alternatives as Well. Coonc1.ember Sher ascertained that if the guidelines suggested by staff were adopted staff would not intend to negotiate mitigation measures other than those i ncl uded in the guidelines. Ken Schreiber, Assistant Director of`Planning, said the guidelines suggested by staff related to the area of housing, traffic and energy, for those issues has been most often raised. If, in future, projects raised concerns in other areas, staff reserved the prerogative of working out answers. He understood that the guidelines suggested by staff provided a framework for use by staff. Staff had developed the guidelines now before Council from its experience in dealing with developers. The guidelines also had flexibility. Councilmeeber Sher remarked that the flexibility was apparent in the language. Would the guidelines, if adopted','provlde a boundary? Ms. Crowder said the suggested guidelines were intended to provide a base for answering the most difficult questions. Councilmember Sher asked if the intent of the committee motion was that staff should have the freedom to negotiate in areas other than those specified in the guidelines. AMENDMENT: Councilor Sher moved, seconded by Henderson, thatCouncil adopt the suggested staff guidelines in' the staff memo of July 13, 1978, CMit:343:8. Councilor Fazzino explained that he understood the sense of the motion made in committee to be only to create a vehicle for mitigating measures to be applied to projects, and had absolutely nothing to do with specific guidelines. Ms. Crowder had said in committee that staff had developed guidelines in three major areas, end that other areas would probably need guidelines; staff would use its discretion as to which issues would have to be brought before Council for inclusion with any guidelines Council approved that evening. He said he thought the motion before Council space only to the process, not to substantive 'guidelines themselves. Councilmnber Sher pointed nut that the language of the motion said ''The City Council shall approve mitigation guideline policy.'' Was there any reason not to adopt them? He said his proposed amendment would have the additional wording ':...and the staff shat ©e directed to prepare a resolution finding the City's EIR procedures to incorporate the major mitigation measures listed in the staff -memorandum of July 13, 1978.'. Councilmember Witherspoon said she would not support the proposed amendment -- the issue was very complex, especially as it related to houS1ng... For example, it had not been spelled out whether in -lieu payments went to the Housing Corporation or the City. She thought the recommendation on traffic was a `t mos t verbatim from the Comprehensive Plana She felt the housing policy should be referred to committee ftir further discussion. She was agreeable to voting on the committee's recommendations Vice Mayor Henderson asked if Counclimesber Sher thought the staff recommendations were all -embracing, or dld'he think there might be occasion for other mitigating factors, depending on the situation. Co4incilmember Sher said that the committer d1,kussian. he b n Agi t developers not knowing twat spt,cific terms they had to meet and staff being unable to negotiate because it did not know Council's desires, and so the whole point of the exercise was to put in writing some guidelines beyond which staff would not go. Vice Mayor Henderson referred to the statement in page 2 under (c) "Earmark property tax and/or other revenues from new commercial and industrial projects solely for City housing programs.' He said he did not see that as a mitigating measure, for the City would receive that property tax aw ay. He would prefer to eliminate that from the staff recommendations. 33 7/17/78 Councilmember Sher said he would include that deletion as a part of his amendment. Councilmember Clay said he supported the committee recommendation but he was against the amendment. He thought Council should determine the impact of the suggested guidelines. He thought that even if Council approved the guidelines there would be others to come later which it would want to consider, and he did not like piecemealing. He thought the City took an idealized simplistic view of the housing problem through its solution --there was no way of knowing that if a developer generated additional housing it would go to employees. If it did not, a potential problem of overpopulation in Palo Alto might be in the making. He would oppose the amendment. Councilmember Fletcher said that though Palo Alto might be the only City in the area to adopt these specific guidelines at this time, other cities were looking at them also. She thought that if Palo Alto adopted the guidelines other areas would soon make the sae requirements that developers help mitigate the housing shortages their developments were creating. But other problems might need mitigation also, such as noise. There had been some suggestion that proposed housing alongside Sand Hill Road have special noise abatement features; and there were light and glare, sewer runoff and other problems; some could not be mitigated. She thought the door should be left open for other kinds of mitigating measures than those mentioned in the staff recommendations. Councilmember Eyerly said he thought the staff report on which the amendment was based was incomplete. Staff did not tell the process it used or how they arrived at the mitigating measure with previous projects. He thought Council needed that kind of information to weigh the matter in Committee, especially about housing. He did not want to try to settle on the exact guidelines that evening. MOTION TO REFER: Councilmember Eyerly moved, seconded by Clay, that the third staff recommendation, along with the proposed amendeent, be referred back to the Policy and Procedures Committee for further consideration,. About the referral motion, Councilmember Brenner said that the suggestion made earlier to hold the recommendations ir'committee had been overridden by time constraints, for the urgency was to have the guidelines related to projects which would be forthcoming soon. She did not want to refer the guideli► es, end she wanted them to be voted on and possibly referred after that for refinement. Vice Mayor Henderson said he wanted to appbove both the policies set by the committee and the staff guidelines. If the guidelines issue did not pass then they could be referred back to committee. He would oppose the motion to refer. Councilmember Fazzino asked if the lotion to refer passed, was approval or disapproval of the guidelines implied? Ms. Morek-Taketa said it was not. Councilmember Fazz l no said that after' discussion with the City Attorney he would not participate in any specific motions relating to impact on musing, since #hey aright relate in some' manner to the Hewlett-Packard housing tax issue, and he was an employee of Hewlett-Packard, He ascer- tained that he was free to vote on the motion to refer, and received an affirmative answer. 34 7/17/78 Councilmember Sher said he thought it best for Council to vote on the guidelines that evening, with the understanding they would be subject to change in the future. He would voteagainst the mction to refer. Councilmember Clay said he did think Council could act on the third recommendation of the Policy and Procedures Committee that evening. Council disagreed on the matter of the'guidelines themselves. He would like to have Council approve the committee's recommendations, with the guidelines themselves to be referred to committee. Councilmember Eyerly said that approval ' by. Counci l of the Committee recommendations would be immaterial until the guidelines had been set. Therefore he thought it would be fine toe send the entire matter, recom n- dati tins and guidelines., back to the committee. MOTION TO REFER FAILED: The motion that the third staff recommendation along with the proposed amendment be referred back to the Policy and Procedures Committee for further consideration -failed on -the following vote: AYES: Carey, Eyerly, Fazzino, Witherspoon NOES: Brenner, Clay, Fletcher,- Henderson, Sher LOTION TO REFER: Councilmember Clay moved, seconded by Witherspoon, that the guidelines in the staff memorandum of July 13, 1978, be referred to the Policy and Procedures Committee. Councilmember Sher said he thought it immaterialto approve the committee - recommended policy without the guidelines. MOTION TO REFER PASSED: The motion that the guideliNe4 in the staff memorandum of July '13; 1978, be referred to the Policy" and Procedures Committee, passed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino, Witherspoon NOES: Brenner, Fletcher, Henderson, Sher Vice Mayor Henderson said' he favored Council -approval of the main motion for it bade public Council's wish to adopt guidelines, though, without guidelines, it had no real weight. Councilor Brenner said she assumd'that until the guidelines returned to Council staff was being guided by the Comprehensive Plan only. Mayor Carey said he thought that was probably true. Councilmember Sher said he thought sae Counci lase iers shied away from adopting guidelines, though they said they wanted thy, THIRD COMMITTEE RECOMMEWATION PASSED: The third Policy and Procedures Committee' recommendation that, to the extent- possible;. the City Council shall approve mitigation guideline policies for qualifiable projects in order to implement the objectives included in the Comprehensive Plan, passed on a unanimous vote. Mayor Cater said that though Council was to break for Executive Session were time soon he would entertain a motion to bring the matter about the structure of the garage structure at 101 Alma forward for Council consideration at this time, to accommodate members of the audience who were perhaps waiting for that matter to came up on the agenda. 35 7/17/76 MOTION: Mayor Carey moved, seconded by Sher, that Council bring the matter of Councilmember Sher's request:re the garage structure at 101 Alma forward. The motion passed on a unanimous voice vote. REQUEST OF COUNCILMEMBer2 SHER ReREVIEW 0 C UNCPL FRtROG tTIVE A4' OARluNd STRUCftJRE A1` 101 AIN Councilmember Sher said that the City Attorney's office had told him it would be prepared to respond in.public,'t0 simple questions on the matter. Councilmember Eyerly said he would not participate since he was a resident at 101 Alma. Ms. Norek-Taketa, Senior Assistant City Attorney, said Council could initiate a re -zoning of the property, or l t could -direct the City to invalidate permits. There were other, nottnecessarily'advisable, actions the Council could take. Councilmember Sher asked if the re -zoning could be based on the delay in beginning construction, the timing of which had been a condition of the P -C zone when it was first granted. Ms. Norek-Taketa said that could be the reason, but it was not the only possible reason. Councilmember Sher said that the mis-timing of the construction was the reason for the neighbors' action. Mayor Carey said that the matter was under litigation and with the City es one of the parties it might not be wise to say a great'deal. Motions made in connection with the matter might also -have an effect on the litigation. He intended to discuss it more fully•in Executive Session. ADJOURNMENT TO EXECUTIVE SESSION Council adjourned to Executive Session from 9:30 to 10:00 p.m. RETEST OFC0r4CILMEER SHER REREVIEW OF COUNCIL onti 1iuEyd 3 John Hargis, Attorney, 407 California Avenue, stated that the staff report on the topic of the parking structure at 101 Alma noted the difcrepancies of time between that given by' the P -C and that time which in actuality the construction started. ?r. Green, Assistant- City Attorney, had said there was evidence to believe the circumstances noted were correct, Mr. Hargis said. Neither the City Attorney' nor the Planning Cc 1 ss i on thought it appropriate -for them to act, and the minutes bore hie out on that. Mr. Hargis said he would not' be pushing on the matter did he not think the City would ultimately lose the appeal. The matter had been a zone change, and zone thanges'were referendable, but the construction, under present circumstances, would be completed before the referenda was decided. He cited a statement from the Supreme Court on a *simdlar case, which said, "A referendum is far more than an expression. of ambiguously founded neighborhood preference. It is the City itself, legislating through its voters --an exercise by the voters of their traditional rights to digit legislation' to override the -views of their elected representatives as to what serves the public interest." error Carey emphasized that once the vbiic- hearing.portion of the consideration of the matter had been rd; the public hearing would be closed. He advised the audience that the' time to be heard was now. 36 7/17/78 Mr. Hargis said he was trying not to go to court in order to stop the unauthorized construction. It appeared to him that the construction was not being properly performed, rlso. He did not mean to threaten with legal action, he just wanted the City to act on the City's Code. Robert Moss, 4010 0rme, reviewed the discussion at the Planning Commission meeting. Since the P -C construction'had not been commenced during the time allotted, the permit should have lapsed. The builder had difficulties getting supplies, he had said, yet he had not asked for an extension of time. He did not see how a builder could .flout the City of Palo Alto and not have at least his hand slapped.'' The incident set a bad precedent. John Griffiths, attorney, represented the' Palo Alto Condominium Owners.' Association. He observed that he thought it very prejudicial to the interest of his clients that the present discussion was taking place. His clients had made several legal attempts to have the construction completed, which had been denied, and the matter of the referendum question was now before the Appellate Court. His clients felt that no action should be taken by the City --his clients had done everything they could in order to proceed without delay. Council ber Sher said that while he was sympathetic to the points Mr. Griffiths had made, he had thought Council should respond to the matter, and not leave it hanging. Mr. Hargis's letter !rade certain allegations, some of which had been confirmed, specifically regarding the P -C development schedule which had not been met. If Council initiated re -zoning he was told it would "...be a very serious matter,' and so he would not propose it at present. He thought the referer;dabality of the issue should be settled by the courts. He feared the matter would become moot before the court had an opportunity to decide, or worse, the court might order a referendum, which, if it succeeded, might mean' the court would order the structure torn down. He thought the majority of Council thought the matter was referendable. He proposed that the City decide to let the matter be decided by the Court of Appeals, ....in the spirit of neighborliness." MOTION: Councilmember Sher moved, seconded by Henderson, that the Mayor be directed to send a letter to the Palo Alto Condominium: Owners Associa- tion and its counsel, requesting that they agree that no further construc- tion will take place until the Appellate Court decides the matter of the referendability, and until the referendum is held, in the event the Court does decide that the matter is referendable. MOTION FAILED: The motion failed on the following vote: AYES.: Brenner, Henderson Fletcher, Sher NOES: Carey, Clay, Fazzino, Witherspoon MOT PARTICIPATING: Eyer'ly 388501,6n. Rte: AFFILICATM *i BARRY The Planning Commission. by a vote of 4-1, recwmends approval of the application of Richard Barry for a preliminary parcel map. with exceptions (4 lots) , for property located at 3885 Page Mill Road. !Mayor Carey said he would abstain fro participation, in the item for he had found that cie of the property' owners had sold his home eleven 37 7/17/78 months ago through Mayor Carey's real estate firm. That eleven months was within the time period established by the law relative to conflict - of -interest. Vice Mayor Henderson'presided. He said some 38.7 acres were involved. Anne Steinberg, chairwoman of the Planning Commission, said that the matter had been continued on the agenda of the Planning Commission for several months in order to permit the applicant to' bring the total acreage of the property into compliance with' the Open Space district, and to work out legal problems' with the City Attorney's o•sfice. There were nem three lots of ten acres each, with a fourth lot of 8.7 acres. Development was to be clustered along the more level areas of Page Mill Road beyond the 200 -feet building setback. The Planning Commission found that the application conformed to the'1ntent of the Open Space District, both as to acreage and the cluster principle, The terrain was very steep, with most of it unbuiIdable. Planning Commission recommends approval, subject to recommendations in the June 23 staff report. MOTION: Councilor Fazzi no introduced the following resolution and, seconded by Clay, moved its adoption by Council. RESOLUTION 5573 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALE ALTO APPROVING A PRELIMINARY PARCEL MAP FOR PROPERTY LOCATED AT 3885 PAGE MILL ROAD, AND GRANTING AN EXCEPTION SUBJECT TO CONDITIONS." Corrected see Page 82. Councilmember Brenner said that s:rce not all lour of the lotswere acres it would be a substandard subdivision. She referred to the mbv the headwaters of Adobe Creek formed -at the "tail' of one of the pieces of property and flowed to the Duvene: k' property. The Duvenecks had protected th. natural watershed. She suggested that Council consider a conservation easement along the strip she described. She did not propose a public easement, but she would like to prevent any artificial work taking place in that area. AMENDMENT: Counc1 imember Brenner moved, seconded -by Fletcher, that as a mitigation measure there be a conservati on' easement . treat would not allow any kind of construction or obstruction in the area of -the creek bed. Councilmefeber Fletcher asked staff if the City's strew side Open Space easement would not apply as a policy. Lou Green, Assistant City Attorney, asked if :the area was designated streawslde open space an the Comprehensive Plan. That classification would apply only to those areas so designated on'the Comprehensive Plan, though it did not have to be so designated to support Counci lmember Br ginner' s motion. Councilor Fleur said that since- the tots were not absolutely` standard the idea of the motion was wholly appropriate. Councilmomber Eyerly said the headwaters barely care into the property and he thought it was unreasonable'to place den' easement unless it was desirable to give an advantage to a commarity other than Palo Alto. Adobe Creek, except for the stub of it, was not in Palo Alto. Ms. Crowder said that he was correct but no' access to the stream had been proposed. 38 7/17/78 Councilmember Fazzino asked if the proposal had not been considered by the Planning Commission. Ms. Steinberg said a trail had been proposed; the idea had been rejected by the Planning Commission. Councilninber Brenner said that since the' creek ran along the edge of the property it did not intrude on the usefulness of the pr p rty . The intent of her motion was to protect the headwater of Adobe Creek, which did, in fact, end in Palo Alto. Mr. Green said he would ask for a specific description of the area; also 'ae would like to ask the applicant if he had any objection to Council- memier Brenner's proposal. Counci 1m tuber Witherspoon ascertained that the land around which the subject lot lay was owned by Richard Geiger', and -that the land had not come under attention for development. A house stood there now. Richard Barry, owner of the subject property, said that he dhd not think that, as they understood the proposed conservation easement, the owners had any objection to it. Councilmember Brenner said the area covered by her proposal would not be more than 90 feet on either side of the creek bed. The land was very steep. The purpose of the easement would be not to permit any disturbenee of the land or the animals in the area, or the creek itself. Ken Schreiber and Ccuncilmember- Brenner agreed upon the bounds of the area her motion -covered. She wanted the entire tail of L of D. and 50 feet on either side of the creek to be included. Mr. Schreiber suggested the motion speak to 100 feet en both sides of the creek to include all portions of the tail. Counci lnember Brenner agreed. AMENDMENT PASSED: The aerendment, that as a mitigation measure there be a conservation easement that would not• allow any kind of construction or obstruction in the area of 100 feet on either side from the center of the creek, and including an of the "tai',' passed on the following vote: AYES: Brenner, Fletcher, Henderson, Sher, Withersp000 NOES: Clay, Eyerly, Fazzino NOT PARTICIPATING: Carey MAIN :MOTION AS AMENDED PASSED: The mein motion, that Council adopt the resolution epproving a preliminary parcel map for property at 388S Page Mill Road, as amIndedt passed on a unanimous -vote, Mayor Carey not participating. Vice Mayor Henderson rear i eweed° the background on his proposed letter of protest, saying that as agreed upon he hed 4nfted a letter and sent it to Mayor Carey for his perusal about too weeks ego. He felt the alternate 39 7/17/78 draft by Mayor Carey, which. was at Council's places tonight, fell short of his (Vice Mayor Henderson's)' original' intent. He' read the original letter he had drafted into the record, a copy of which is on file in the City Clerk's office. The letter -expressed concern about the recent Supreme Court decision and he thought it should be'sent to Senator Cranston and Representative'McCloskey.'The letter said " ..a large majority of members of the Palo Alto City Counci i' are concerned about the potential impact of the recent Supreme Court decision... with the government free to establish first amendment protection by- law or executive guidelines." Vice Mayor Henderson thought'non-suspect news media should be protected from search tor criminal evidence without issuance of a subpoena, or explicit guidelines to govern'lssuance of a search warrant. Vice Mayor Henderson said' the City Attorney's office had scanned the letter and made a few changes. MOTION: Vice Mayor Henderson'rnoved, seconded by Fletcher, that the Mayor be directed to send Vice Mayor Henderson's draft letter to Senator Cranston and Representative McCloskey. -Councilme?mber Clay said he would vote against the motion; the letter did not make a strong' statement and also' was premature. He thought there would be time before Congress -acted' for Palo Alto. to examine the subject of third -party searches further. Counciln ber Eyerly said he thought that a letter sent under the sig- nature of the City should be written by the Mayor. SUBSTITUTE MOTION: Councilmember Eyerly moved that the Mayor be directed to write a letter following the input of'both Mayor Carey's and Vice Mayor Henderson's letters that he thought the majority of. Council would be agreeable to, with the final arbiter to be the Mayor's discretion. The substitute motion died for lack of a second. Councllmember Sher said he. toad missed the' previous discussion of the proposed letter yet since Vice Mayor Henderson had been requested to draft the letter he did not mind if thatwas the one that acs sent. He did think it would be a mistake, however, for the City of Palo Alto to hold a series of public hearings on the issue. He felt that public hearings conducted by Congress was the proper body for such hearings. Mayor Carey said that it had been decided -to refer to committee the matter of public hearings. Mayor Carey said he wanted to avoid making specific suggestions about mat items' were to' be pursued in drafting proposed legislation. -As he:understood ite .present law 1 irai ted those matters on which a search warrant could"be -iseeed. If the last paragraph of 'dice Mayor Henderson's letter could be modified he would be prepared to vote on the motion. Vice Mayor Henderson said -he thought Council should give some indication of where it felt protection was needed. He' understood then the concerns he gave in his last paragraph bare 1i fact being considered by Congress, and concerned basic protections. He felt the last paragraph of his letter should be retained. MOTION PASSED: The motion that ' Mayon be directed to send V1ca Mayor Henderson's letter to Senator Cranston' and'Representative McCloskey passed on the following vote; AYES: Brenner, Carey; Fazeinc, Fletcher, Henderson, Sher MDtS; Clay, Eyerly, Witherspoon 40 707/78 Corrected see page 82. pug! OF COUNCILMEMBER FLETCHER Councilmember Fletcher said she had up to this time received three phone calls from citizens objecting to having to pay a $25.00 impoundment fee to claim their dogs that had escaped their yards and been picked up by Animal Services. She agreed with the citizens that $25,00 was "...quite a steep fee." Other communities, she had found upon inquiry, charged from $10.00 (not charged for the first day, however, at San Mateo County) up to $60.00, using a sliding scale in s mecases. She thought a sliding scale would be most equitable, with the fee to rise substantially on repeat cases. MOTION: Councilmember Fletcher moved, ° seconded by Henderson, that the possibility of having a s 1 i di ng ' scat a for` dog impoundment be referred to the Finance and Public Works Committee forconsideration. Councilmember Fazzino asked if .the sliding scale was to be based on income. Councilmember Fletcher said she thought a staff report should be prepared giving costs incurred and other problem posed by the dog impoundment, with charges for the first offense to be l veered and costs for subsequent offenses to rise considerably, such rising of cost to be aimed at penalizing the owner so that he or she would take more care. Councilmember Fazzino slid he thought the Finance and Public Works Committee ...was going to have a' tremendous amount of work the next few weeks," and he thought they might not have the time to give to considering dog impoundment. Perhaps, since policy was involved, it might be more appropriate to send the matter to the*Poticy and Procedures Committee, for the Committee would be di scussi eg sorry i ssues. rel ated to Animal Services. Councilmember Witherspoon said she, too, had received objections about the $25.00 fee. Bill Burke at Animal Services had said that while many dog owners were irate at the Charge, there.were'fewer dogs loose. Councilmember Eyerly said he thought that since the matter had been to the Finance and Public Works committee earlier it should perhaps go to the Policy and Procedures Committee. SUBSTITUTE MOTION: "Councilor Eyerly'moved, seconded by Fazzino, that the otter of dog impound fees be referred to the Policy and Procedures Committee. The motion passed on the following vote: AYES: Brenner, Eyerly, Fazzinof, Fletcher, Witherspoon t S: Carey, Clay, Henderson, Sher RE ESTOf VICE MAYOR NEMU Councilmember Henderson said he' thought letters frmei the City should that they had been initiated by' the' City Council. MOTION: Councilmember tuber Henderson moved, � by Fazzino, that Council - indicate initiated letters be signed with the Weds "Palo'Alto City Council, Corrected Mayor." see page 82. Councilmember Sher said that he -supported the motion in all except the matter of issuance of proclamatlons.Notall of the matters for which proclamations were issued would be consensual. .He asked that the motion be limited to letters from the City Council only. Councilmember Henderson agreed. MOTION PASSED. The motion passed on' a' unanimous vote. REQUEST OF Y ICE i AYOR HENPERSON Covnciimeeiber Henderson said that when hehad placed the -matter on the agenda he had no knowledge that Mr. Walker would not be present for he had wanted to say in public to Mr. Walker' directly that -he had admired Fir. Walker's performance turd his' many job challenges since 1971 and particularly as Acting City Manager during the last six months. He especially praised the work Mr. Walker, In working with Larry Moore, had done in preparing the 1978-79 budget proposal, and the City staff's response to Proposition 13. ORAL CCM MUN I CAT I ONS 1. FranK Manfredi, 219 Addison Avenue, said that the self --righteousness of the United States toward the actions of other countries was unwarranted in view cf some of the behavior of the United States in the past. He said that such self-righteousness was tore propaganda. He said that layoffs resulting from the passage of Proposition 13 should include higher paid supervisory personnel as well as lower paid workers. He said he resented so many of hi% tax dollars going for local ministration of education, for he thought it should be ministered by the federal government. He indicted the judiciary of the country on some counts. ADJOURNMENT TO EXECUTIVE SESSION Council adjourned to Executi v+e. Sessi on at 11!15 p.m. ADJOISUMENT Its CK Council adjourned at 12 Midnight in memory of the lets Josephine Duveneck. 42 7/17/78