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HomeMy WebLinkAbout1978-10-16 City Council Summary MinutesRegular Meeting October 16, 1978 ITEM Minutes of September 5, 1978 and September 11, 1978 Oral Communications Consent Calendar - Action Items Offer and Agreement to Purchase Real Property -- Seale Wooster Canal Traffic Team Grant Funding Approval of Agreement with County for Yacht Harbor Landscaping 335 Bryant Street --Zone Change from RM-4 to CC(P) Parcels Adjacent to Laura Lane and East Gayshor,e Frontage Road: Prezoning to Zone Districts GM and PF City Owned Property Off Arastradero Road: Planning Commission Recommends Approval of Prezoning to Zone District 0-S 3401 Hillview, Zone District LM -5 --Approval of Application for Preliminary Parcel Map For Zone District LM -5 430 Kipling--431 Waverley -Approval for Wallace C. McMi l l s for Preliminary Parcel Map Southern Pacific Right of Way Between California Avenue and Oregon 7.xpressway 561-567 bison Street Continuation of Application of Richard Kelley, Jr. Resolution of Welcome to Oaxacan Teachers 588 Matadero-_Prellminary Parcel Map With Exceptions, Zone District R-1 Short Terra Solid Waste Reduction Programs Project IUnbil ity--Peninsula Cab Leasing Company Contract Foothill Park Fuel Storage Request of Mayor Carey re Housing Community Development (NCO Cosnrc i l Committee Re c eft ons (Continued from 10/11/78 Request of Vice Mayor Henderson re O dinence Regulating Message Establishments as it Relates to the Massage Center PAGE 2 54 255 255 255 255 255 256 256 256 256 256 257 257 258 258 259 260 262 262 264 252 10/16/78 ITEM (Continued) PAGE Request of Councilmember Fletcher fora Resolution on World Disarmament Week 2 6 4 Request of Councilnenber Sher re Policy in Regard to In -Lieu Housing Payments Oral Communications Cancellation of October 23, !978 Meeting Meeting on Fifth Monday Adjournment to Executive Session on Personnel Matters and Final Adjournment 265 267 267 267 268 Regular Meeting October 16; 1978 The City Council of the City of Palo Alto met on this date at 7:30 p.m. in a regular meeting, Mayor Carey presiding. PRESENT: Brenner, Carey, Clay, Fazzino, Fletcher, Henderson, Sher ABSENT: Eyerly, Witherspoon MINUTES OF SEPTEMBER 5,w 1978 wri m..a,.a.+4 r. r.�..ssa.r.a� .r..► City Clerk Ann Tanner said that the Council minutes of September 5, 1978, pages 126 through 130, incorrectly state that the Site and Design applications for Deer Creek/Arastradero Roads and Hijlview/Arastradero Roads were referred back to the Planning Corrmissioa. These applications were approved by Council, based on the Planning Commission's recommendations, and the following corrections are to be made to the, September 5; 1978, minutes: Page 127, second to last paragraph should read: "Vice Mayor Henderson seid he agreed with a couple of speakers who had suggested referring the matter back to the Planning Commission, but he could not see what would be gained by delaying the buildings." Page 127, last paragraph, should read: "MOTION: Vice Mayor Henderson moved, seconded by Fletcher, that Council approve the recommendation of the Planning Commission to approve the application for Site and Design review of property at Deer Creek and Arastradero Roads, along with the property at H2llview and Arastradero Roads, mitigated negative declarations on both projects, and approval of site and design reviews." Page 129, sixth paragraph should read: "MOTION PASSED: The motion that Council approve the application for Site and Design review of property at Deer Creek and Arastradero Roads, along with the application for property at Pillview and Arastradero Roads, as well as approval of mitigated negative declarations on both projects, passed on the following vote: AYES: Carey, Clay, Eyerly, Fletcher, Henderson NOES: Brenner ABSENT: Fazzino, Sher, Witherspoon " MOTION: Councilmember Brenner, seconded by Fletcher, moved that the September 5, 1978 minutes be approved as corrected. The motion passed on a unanimous voice vote, Councilmembers Eyerly and -Witherspoon absent. M S 4i SEPTEIBER 11 t 1978 Mayor Carey asked that the initials of the units at the airport read EBO (Fixed Base Operator). Councilor Fletcher asked that on page 163, 7th paragraph, third line, the percentage be giveo as 54 percent. Councilmember Fazzino asked that on page 171, fourth oeragra►ph, the second sentence read instead, "Because of the unanticipated concerns, W. Knox himself had outlined the need for some changes in P :inning implications." • Vice Mayor Henderson asked that on page 163 the ninth paragraph read instead "Vice Manor Henderson referred to a letter from Fred Nichols saying the Army Corps of Engineers could perhaps provide and from bay dredging operations." 254 10/16/78 Councllmember Brenner asked that on page 152 the unanimous vote be corrected insofar as she had voted "no". Councilrr ber Brenner asked that on page 164, the second sentence read instead, "Cities had made efforts to use their collective strength with the sewage and Water Quality Control Board to the point of view that it might be even more environmentally sound to close the dumps even though the number of years required to complete cover and landscape operations might be extended." MOTION: Vice Mayor Henderson moved, seconded by Clay, that Council approve the minutes of September II as corrected. The motion passed on a unanimous voice vote, Councilmembers Eyerly and Wittlerspoon absent. ORAL. COMMUNICATIONS None CONSENT CALENDAR Referral Items Action Items Councilmember Fletcher asked that the matter con erning boundaries for property abutting the Southern Pacific right-of-way between California Avenue and Oregon Expressway be removed from the Consent Calendar. Councilr nber Clay asked that the ratter concerning an application of Richard Kelley, Jr., for a change of district of property at 561, 563, 565, and 557 Addison Street be removed from the Consent Calendar. The following items remained on the Consent Calendar: OFFER AHD AGREEMENT TO PURCHASE (CND:437:0) OFFER AMP AGREEMENT TO PURCHASE REAL PROPERTY-4Fariborz Mirkhani OFFER AND AGREEMENT TO PURCHASE REAL P ERTY--Tho as G. Moyer 1RA FM TEM GRANT FUNDING ( :435:8) The Office of Traffic Safety grant is an opportunity for alternative funding. By Council direction traffic enforcement has a high priority, and the City's commitment to the grant can be provided without a reduction in existing levels. Staff reco+eaends that Council accept the grant and approve the budget amendment: increasing the 1970 -79 -Police Department's budget by $103,966. ORDINANCE 3086 entitled "ORDINANCE OF THE COUNCIL OF 1HE CTTYHDF PAO &TO AMENDING THE BUDGET FOR THE FISCAL YEAR 1978.79 TO . PROVIDE AN APPROPRIATION FOR A SELECTIVE ENFORCEMENT TRAFFIC GRANT." APPROVAL OF AGREEMENT WITH COUNTY 443:8) Staff recommends that Council approve the Joint Cost agreement between the City of Palo Alto and the County of Santa Clera for landscaping at 255 10/16/78 the Palo Alto Yacht Harbor and approve the budget amendment ordinance for $21,866 for the yacht harbor landscaping. JOINT POWERS AGREEMENT YACHT HARBOR LANDSCAPE IMPROVEMENTS County of Santa Clara ORDINANCE 3087 entitled "ORDINANCE OF THE COUNCIL OF THE C1 0 PAL ALTO AMENDING THE Bfl3GET FOR FISCAL YEAR 1978-79 TO PROVIDE FONDS FOR LANDSCAPING THE PALO ALTO YACHT HARBOR." 335 BRYANT STREET --ZONE CHANGE The Planning Commission unanimously recommends approval of a zone change for property located at 335 Bryant from Rat -4 to Zone District CC(P). ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE CLASSIFICATION OF PROPERTY KNOWN AS 335 BRYANT STREET FROM RM-4 TO CC(P). PARCELS ADJACENT TO LAURA LANE IVANTINS 4113 ZO?4E DIS'T HM al AND PF The Planning Commission unanimously recommends approval of the parcels adjacent to Laura Lane and East 8ayshore Frontage Road to be prezoned to Zone Districts GM and PF: CITY -OWNED PROPERTY OFF ARASTRADERO ROAD: The Planning Co ission unanimously recommends approval of prezoning to Zone District 0-S for the access road to City -owned property off Arastradero Road. ORDINANCE Of THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO REZONE CERTAIN PARCELS IN THE VICINITY OF LAURA LANE, EAST BAYSHORE ROAD, AND ARASTRADERO ROAD GM, PF, AND 0-5 3401 HILLVIEW, ZONE DISTRICT LM -5 INARY The Planning Commission unanimously recc aaaends approval of the application of Syntex (Terence Alnscow) for a Preliminary Parcel Map for property located at 3401 Hillview, Zone District LM -5. 430 KIPLING--431 WAVERLEY RESOLUTION 5599 entitled "RESOLUTION Of THE COUNCIL OrWrirrirOrPALO ALTO APPROVING THE MISCELLANEOUS DIVISION Of LAND AT 431 WAVERLEY--43O KIPLING, Aid GRANTING EXCEPTIONS." 256 10116/78 MOTION: Councilmember Fazzino moved, seconded by Henderson, that Council approve the Consent Calendar. The motion passed on a unanimous voice vote, Councilmembers Eyerly and Witherspoon absent. MOTION: Councilmember Fazzino moved, seconded by Fletcher; that the items concerning adjustment of PF and C•; district boundaries for property abutting the Southern Pacific right-of-way between California Avenue and Oregon Expressway, and change of district of property at 56.6 563, 565 and 567 Addison Street from R-2. to Zone District RM+2, be brought forward. The motion passed on a unanimous voice vote, Councilmembers Eyerly and Witherspoon absent. SOUTHERN PACIFIC RIGHT-OF-WAY OREOO f EXPRESSWAY MOTION: Counc i l member Fletcher moved, seconded by H !nderson, that the matter of the Southern Pacific boundaries be continued to a date indefinite. Councilmember Fletcher explained that representatives of the Southern Pacific would --like to speak on the item but Were unable to be present that evening. MOTION PASSED: The motion passed on a unanimous voice vote, Councilmembers Eyerly and Witherspoon absent. 561-567 ADDISON STREET MITTRUXTTUMWMTUATIoN OF ®ras.�rars.in� - MOTION: Councilmember Fazzino moved, seconded by Clay, that the item concerning property at 561-567 Addison Street be continued for 30 days. Councilmember Clay said he had been told that the owner of the subject properties was out of town and was unable to be present. A discussion ensued on what the best time was for the topic to appear on the agenda. George Remsburg, Hare Brewer and kel1ey, observed that Mr. Kelley could not be present tonight but he wanted to be present when the matter was discussed by Council. He hoped to be present by mid -November. The firm of Hare, Brewer and Kelley asked for the date to be postponed in ir. Kelley's behalf. Marilyn Norek Taketa, Senior Assistant City Attorney, said the City had until August of 1979 until the matter had to be settled. MOTION PASSED: The motion to continue the item concerning property at 561-567 Addison Street for thirty days passed on the following vote: AYES: Carey, Clay, Fazzino, Fletcher, Henderson, Sher NOES: Brenner ABSENT: Eyerly, Witherspoon 257 10/16/78 RESOLUTION OF WELCOME TO roaxarrumar— MOTION: Mayor Carey introduced the following resolution, and, seconded by Fazzino, moved its adoption by Council: RESOLUTION 5598 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF AAO ALTO RECOGNIZING THE PRESENCE OF, AND WELCOMING TO THE CITY OF PALO ALTO, TEACHERS FROM OAXACA, OAXACA." The motion passed on a unanimous voice vote, Councilmembers Witherspoon and Eyerly absent. Sr. Eugenio Gomez accepted the proclamation on behalf of his fellow Oaxacans, Srs. Rafael Jimenez, Perez, Humberto Bautista Ramos, Wilfrido Gabriel Salvador and Juan Gonzalez Mejia. Mr. Ben Wilson, president of Neighbors Abroad, said that the visit of Oaxacan teachers was significant.in that it initiated an exchange of Palo Alto and Oaxaca teachers for the first grade and beyond, for cultural exchange. 588 NATADER°, PRELIMINARY MangrinrgerinTrigS .2uNtr-un-rrer John Hall, 1135 Hopkins Avenue, owner of 588 Matadero, said he could remain in the Councilchamber should there be any questions for him. MOTION: Councilmerber Fazzino introduced the following resolution and, seconded by Henderson, moved its adoption by Council: RESOLUTION 5500 entitled "RESOLUTION OF THE COUNCIL OF THE £TTY OF PALO ALTO APPROVING THE MISCELLANEOUS DIVISION OF LAND AT 588 MATADERO AVENUE AND GRANTING EXCEPTIONS." Councilor Brenner asked the depth of the lot from the creek bank. Naphtali Knox, Director of Planning and Community Environment, said that the measurement from the top of the bank (as noted on a map before Councilors) was 54.4 feet, Along the easement line the dimension was 83 and one half feet. Councilmember Brenner calculated that with those dimensions there was not :h mos for a house. Mr. Knox demonstrated the site where the house would be built, using a transparency projected on the screen. He said the lot was "very deep.,."; there were two 20 -foot easements. The total depth was 182 feet. MOTION PASSED: Council adopted the resolution on the following vote: AYES: Carey, Clay, Fazzino, Fletcher, Henderson NOES: Brenner ABSENT: Eyerly, Witherspoon 256 10116178 SHORT TERM SOLID WASTE rrrrirrilMffirgR:434:8) George Sipel, City Manager, said that the staff report gave complete information. Robert Wenzlau,analyst aide, and Doug McDavis, were present to answer questions. Councflmenber Fazzino said that he had been intrigued with the project when it had appeared before Council some months back. Pages 6 and 7 of the staff report raised questions about the marketabilitylof recycled materials: what disposition of glass and metal was being made at the recycling center at present? Robert Wenzlau said the glass was sold to Circle Glass to be made again into containers. Aluminum was completely recycled into bulk aluminum; tin was removed from cans at MRI in San Francisco, the remaining fl steel scrap was sold. 8i -metal combination of aluminum.and tin was used in the copper precipitation process after being train=0 to Nevada -- copper ore stuck to the can and was then pulled off. The can then was :'thrown out," It was anticipated that a different quality of material would be marketed through a Joint Powers Agency program, Doug McDavid said that aluminum in bi-metal cans "causes the problem" because it could not be told from cans made of ferrous material. "Everything is contaminated by the aluminum," he said. Councilr er Fazzirc asked how ?such the program had been able to use the Joint Powers program. Mr. Wenzlau replied that Brown and Caldwell, consultants on North County Solid Waste Management, had been developing a Phase I analysis of regional processing program within North County. The City had been working with them. Councilmember Fazzino recalled that he had thought an all -material collection vehicle would be the best way to collect, Mr. Wenzlau had said "...such vehicles are being developed." Mr. Fazzino then asked what stage of their development were they in? Mr. Wenzlau said an annual collection vehicle trade show was held; two staff rreaabers had attended and obtained a description of such a vehicle. It was expected that a program for Environmental Protection Assistance (EPA) would help determine 'the state of the art" the vehicles embodied. Councilor Fazzino asked why Re. Wenzlau thought the recycling depots had not been as successful as hoped. Kr. Venzlau said that it was necessary to load materials and people preferred to use the center at the City dump where they did not have to do that. Administratively the depots had been difficult because they were open only on weekends. Council member Fa zz i no asked if the money for the recycling came from the refuse fund. Mr. Sipel replied that it did. Council member Fa zz i no said he was pleased with the initiative shown by Palo Alto's recycling program; he thought that it was part of a PA program and would lead to an eventual solution of problems with the City dump. He would support the staff recommendation before them that evening without reservation. 259 10116/78 MOTION: Councilmember Fazzino introduced the following ordinance, and seconded by Henderson, moved its approval by Council: ORDINANCE 3088 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL -YEAR 1978-79 TO PROVIDE FUNDS FOR THE SHORT-TERM SOLID WASTE REDUCTION PROGRAM." Councilmember Fletcher commended Mr. Wenzlau's hard work. She said she was disappointed about the depot program. Was it necessary t; have a constant attendant at the depots? Mr. Wenzlau said the City was trying to have unattended depots operated on Saturday and Sunday. There had been some thought of piggy -backing a five-day operation at the downtown depot, thereby'eliminbting an attendant. With the proposed expansion of the home collection program the Midtown program might be phased out. A discussion followed on the most secure way to bundle papers for recycling. Councilmember Fletcher said she had noticed garbage collectors put newspapers right into the hopper along with the garbage. What inducement was there for them to stack the newspapers into the racks? Mr. McDavid said one inducement was that 40 percent of the revenue for sale of newsprint went to drivers of the garbage trucks. With the new recycling program all recyclables would go on the curbside. Councilmember Fletcher asked if there were enough profit in recycling for a contractor to want to handle it? Mr. McDavid said there was more money in recycling than in gathering refuse. Revenues thus gained would be applied to reduce the cost of all City utilities. MOTION PASSED: Council approved the ordinance amending the budget to provide funds for the short term solid waste reductioq program on a unanimous vote, Councilmembers Eyeriy and Witherspoon absent. PROJECT l ILITY--PENI LA CAB 2:8) Naphtal i Knox said :.,sat several staff ambers were present to respond to any questions Council might have. Mr. Knox said that his recommendation was that the City Clerk be directed to advertise a public hearing on the matter. Mayor Carey said that a letter Of September 25, 1978 from Don Maynor, Assistant City Attorneys written to Peninsula Cab Company, was before Councilmembers, along with a staff report dated October l2, 1978 detailing circumstances behind the recommendation to hold a public hearing to consider terminatiiv, the services to the City of Peninsula Cab. Vice Mayor Henderson asked if there were any comparison figures for previous Project Mobility operators' response time. Joan Thompson, Transportation Department, said that the industry, -wide norm for response time was 15-20 minutes. The previous operator had had amt 20 cabs and the current owner had about six or eight, and had expanded his operation to Mountain View during the last few months. NOTION Vice Mayor Henderson roved, seconded by Brenner, that the Council authorize the City Clerk to agendize and advertise a public hearing to consider revocation of the Certificate of Public Convenience and Necessity granted to Peninsula Cab Leasing Company, any, Incorporated. 260 10/16/78 Vince Maggiore, president, Peninsula Cab Leasing Company, Incorporated, said that the statement that only 6-8 cabs a day were operating was "totally false." He said response times Ms. Thompson had given were also false. The contract with the City was not to include Peak hours, and City staff had recorded response times between 8-9 a.m: and 4-5 p.m.and had not been present during midday reports. Mr, Maggiore said he had told Mr. Maynor that his company was not yet id its perma nen t location. The Demeters, former cab company owners, had created the poor service for the City of Palo Alto, he said, for the Demeters were going out of business when he purchased the firm. Mr. Maggiore submitted tickets stamped with response times different from those response times reported. The Demeters had sold him old equipment which had not been properly serviced. The years of manufacture of the cabs were 1972 and 1973. He said he had figures to show that he had financially helped the City of Palo Alto by buying scrip. More than three fourths of cab users with Project Mobility did not even have their passes on their persons and those passes were supposed to have been issued by the City of Palo Alto. He reviewed the terms of the contract regarding the use by passengers of scrip, in relation to Project Mobility. Had he known his meetings with Mr. Maynor, Mr. Noguchi and Ms, Thompson were to be "...so serious, I'd have been represented by counsel." Mayor Carey reiinded Mr. Maggiore that the motion before Council asked that a public hearing be held. Mr. Maggiore could be represented by Counsel at that hearing. 'lice Mayor Henderson asked if Mr. Maggiore had failed to provide a performance bond. Mr. Maggiore replied that he had failed to deliver a perfonrance bond because such a bond was not available to a small company with assets of less than $100,000. His assets when he bought the t terms company, were $55,000. The City had known that. The City should not have let him go ahead with all of the initial expense if the City had wanted a performance bond. Vice Mayor Henderson asked if Mr. Maggiore agreed that at the time of being awarded the contract he had agreed to operate too cabs exclusively for Project Mobility. Mr. Maggiore said "We had agreed to operate one taxicab exclusively according to how the calls come in, because Project Mobility is geared toward when the Senior Citizens receive their checks. There is a great amount of traffic on the first, second and third and it tapers off quite a bit toward the middle of the month . " Councilmember Brenner asked how many cabs Mr. Maggiore had, and what area they served. Mr. Maggiore replied he had approximately 15 taxicabs running, covering parts of Atherton, Menlo Park, Palo Alto, Los Altos and Mountain View. Councilmember Fazzino expressed the wish that staff members could respond to some of the concerns Mr. Maggiore had voiced that evening. Mr. Noguchi, Director of Transportation, said that staff would be pleased to respond at the public hearing. MOTION PASSED: The motion that Council authorize the City Clerk to agendize and advertise a public hearing to coneider revocation of the Certificate of Public Convenience and Necessity granted to Peninsula Cab Leasing any, Incorporated, passed on a unanimous vote, Councilmembers Eyerly and Witherspoon absent. 261 10/16/76 FOOTHILL PARK FUEL STORAGE MOTION: Councilmember Fazzino introduced the following ordinances and, seconded by Fletcher, moved their adoption by Council and authorization of the Mayor to approve the contract; ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING PLANS FOR A NEW FUEL STORAGE SYSTEM IN FOOTHILLS PARK ORDINANCE 3089 entitled "ORDINANCE OF THE CODNCYL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1978-79 TO PROVIDE ADDITIONAL FUNDS FOR THE PURCHASE AND PROPER INSTALLATION OF FUEL TANKS IN FOOTHILLS PARK." CONSTRUCTION CONTRACT Eagan and Paradi so MOTION PASSED: The motion passed on a unanimous voice vote, Councilmevbers Eyerly and Witherspoon absent. RE EST OF MAYOR CAREY RE HOUSING i L antinued from 10;11/78) Naphtali Knox, Director of Planning and Community Environment, said that the Santa Clara County Board of Supervisors had continued their action on the HCD matter for two weeks. Therefore he recomrnded that Council take that opportunity to propose an addendum to the letter that has already been sent. That letter said that the committee would be respons1' for developing housing goals for the urban county; each non -entitlement city would develop its plan based on the county -wide goal. The "urban county" was defined as cities with populations under 50,000, as well as unincorporated areas within city spheres of influence. In Palo Alto the Stanford campus was the only such area. From the letter from Rod Diridon it appeared that the Board of Supervisors planned to require that half of all community development funds be used for housing. Mr. Knox said he was concerned that Palo Alto and Stanford would be unable to use half of the $42,400 in county funds unless the funds could be used in the Palo Alto incorporated area. Only rehabilitation and land acquisition were the two permitted fund expenditures. Neither seemed appropriate for the Stanford unincorporated area. Even with an eligible activity there would be difficulty putting a realistic project together with only $21,000 that dealt with housing. For those reasons staff recommended that Council make a motion in support of HO committee recommendations, to be conveyed by' the Mayr+or, with the addition that in cases where it was impossible for an entitlement to spend its county community development block grant fund on housing -related activity in unincorporated areas, the City should have the option to spend those funds for housing related seevices within its own incorporated boundaries. Mr. Knox said that he feared that if that were not done the money would go to some other community MOTION: Mayor Carty moved, seconded by Henderson, that his letter of October 13 would incorporate the suggestion Mr. Knox had made that cities with unincorporated areas not' be forced, owing to restrictions, into losing the grant funds. Councilor Sher said he did not know, since Stanford was involved, if he would be entitled to vote on the matter. He asked if the 1ia.lson committee between Stanford and the City was aware of Mr. Knox's suggestion. If the Board of Supervisors adopted the suggestion Mr. Knox had made the effect would be that the money that would otherwise be spent wi thi n University boundaries would instead be. spent within Palo Alto bounds. 262 10/16/28 Mr. Knox agreed that that would be the effect, if the Board of Supervisors required that at least 50 percent of all commueity development funds funneled through the county were to be used for housing. He said he saw no way that money could be used for housing on unincorporated land. Councilmember Sher assumed that the recommendation was contingent--i.e., if the Board should require that the monies be used for housing. . . Mr. Knox said that it was a suggested addendum to. the letter that had already been sent by the Mayor. It would have the wording "In cases where it is impossible for the entitlement city to expend its county community development funds on housing -related activities in the unincorporated area then we should have the option to spend it for housing -related services within our own incorporated boundaries." Staff had been in touch with Mr. Nelson on the Stanford staff. Stanford was were aware of the situation. Councilmember Sher said it was 50 percent, but it was possible that there would be allocations to Palo Alto. He said he thought the gist of the recommendation was that if the money could not be spent for housing in the unincorporated land then it would be spent in Palo Alto, But perhaps the money could be spent in the urn€ncorOorated land for some other purpose. Mr. Knox said that in the past the money had been spent for other purposes, such as an improved traffic signal, and ramps for handicapped, but it has not gone for housing projects. The county was in the process of changing the rubs on how its share of funds was used. Councilmember Sher said "So what you're anticipating is if $42,000 were allocated for unincorporated land and this rule would have passed half of that would have to be spent for housing." Mr. Knox agreed, saying he felt it could not be used for housing, and so he was asking for this kind of contingency, so it `Quid be spent in another way. Councilmember Sher asked Ms. Taketa, Senior Assistant City Attorney, whether or not he should vote on the matter. Ms. Taketa said that the test was whether the action that evening would rea dnably, foreseeably have a material financial effect on Stanford University. She asked Mr. Knox if he thought that would be the case. Mr. Knox said that it was such a shall amount of money -only $21,000. . Councilmember Sher said he would not participate. NOTION PASSED: The motion that the Neyor's letter of October 13 to the Santa Clara Board of Supervisors HCO Committee incorporate the suggestion that cities with unincorporated areas not be forced, owing to restrictions, into losing the grant funds, passed on the following vote: AYES: Brenner, Carey, Clay ; Fazzino, Fletcher, Henderson NOES; ` None NOT PARTICIPATING: Sher ABSENT: Eyerly, Witherspoon 253 10/16/78 REQUEST OF VICE _MAYOR HENDERSON a MICISPPOTS AS' ITRtLATS TO ITIMMTTITirr Vice Mayor Henderson said the present ordinance, section 4.54.110, subsection (17) (c) of the Municipal Code includes the phrase "Any massage establishment legally existing on the effective date of this subsection and which is not in compliance with the provisions of this sub=_action, shall comply with said provisions within three years of the effective day of the subsection." That three years was almost up. The Massage Center was the only establishment affected by that ordinance and there was no evidence of any problem. He thought the organization should be allowed to stay in business. MOTION!: Vice Mayor Henderson moved, seconded by Fletcher, that the City Attorney be directed to prepare an ordinance to amend subsection 4.54.110, subsection (17) (c) of the Municipal -Code, substituting the number 8 (eight) for the number 3 (three). The motion passed on a unanimous vote, Council bers Eyerly and Witherspoon absent. *pit.; OF COONCILMEMBER FLETC4ER Councilmember Fletcher said the United Nations had proclaimed the week of October 24-31 as World Disarmament Week, and it would make people more mare of that issue, and perhaps remind thum to contact their legislators, if the City issued a resolution announcing the United Nations' proclamation, MOTION: Councilmember Fletcher introduced the following resolution and seconded by Brenner urged its adoption by Council: RESOLUTION 5601 entitled "RESOLUTION OF THE COUNCIL OF TrrITT OF PALO ALTO URGING PARTICIPATION IN THE OBSERVANCE OF WORLD DISARMAMENT 4EEK." Dr, Manfred Bahmann, 522 Georgia, spoke on behalf of the en's International League for Peace and Freedom and the Midpeninsula Chapter of the United Nations Association. He read the complete resolutio of the United Nations which spoke of the urgent need for worldwide disarmament and asked that activities to educate toward that goal be conducted. The resolution asked that the U.S. Congress work toward multilateral step- by-step worldwide disarmmeent as the safest road to bring about security for the United States and the world, and to redress the imbalance between doom's ti c expenditures and expend i tares by the Pentagon! Elinor Heaths 889 Emdarcadern, reviewed the history behind the resolution offered to the City Council of Palo Alto, which she called a "World City." She said listeners were aware of how inflationary military spending was. She said that if locei governments did not work for peace "...we'll never get out of this crazy arms race." Eugene Staley, 455 Seale Avenues said he knew the City was concerned about sperding money which did not buy what it was supposed to buy. He listed some financial background on military spending, saying that world-wide military spending ran about $400 billion annually --more then $1 billion per day. He thought such spending made citizens less, rather than more, safe, and placed them "...in deadly peril." Local industries made the Palo Alto area more vulnerable. He gave some comparative figures to show how the money could be more beneficially spent. 264 10/16/78 Vice Mayor Henderson underlined the controversy surrounding military expenditures. He thought the resolution should not touch on how the federal tax monies were spent, though he was sure "...the vast majority of Palo Alto citizens support the concept of worldwide disarmament." AMENDMENT: Vice Mayor Henderson moved, seconded by Fazzino, that the first portion of the resolution be retained and section 2 to the point of "The president and congress of the United States are urged to work most diligently for multilateral step-by-step worldwide disarmament as the safest , road to military security for the United States and world peace." He did not want to get into the matter of imbalance of domestic vs. military expenditures, and he asked that the third and fourth clauses be eliminated AMENDMENT PASSED: The amendment passed on'a unanimous vote, Councilmembers Eyerly and Witherspoon absent. MAIN MOTION AS AMENDED PASSED: The twin motion as amended passed on a unanimous vote, Councilmembers Eyerly and Witherspoon absent. Councilmember Fletcher asked that copies of the resolution, along with a cover letter, be sent to congressional representatives and the President of the United States. Mayor Carey said that he thought -that action was inherent in the motion. REQUEST OF COUNCILMEMSER S€HER RE �LIa_I.� H USING PA'�M NTS L'89.l..�dB,S.Y.ii.•i'.IYYI...P.. Iy.XC.Y.4o® 4 �. _ Councilmember Sher said that his memo of October 11, 1978, recalled that staff had been negotiating payment for in -lieu housing with developers and contractors. Such mitigation of industrial and commercial development was to go toward Palo Alto's housing program. Council had approved the case -by -case mitigation negotiated by staff, and Councilmember Sher said he thought it was time for Council to formally adopt a policy to affirm what staff had in fact been doing, An article in the Palo Alto Times of that date had suggested that a motion such as he was about to make would trigger mitigation payments by Hewlett-Packard and Carl liolvick on their approved developments. Their approval had been conditioiral upon approval by the City of such a clearly stated policy for equitable application on future industrial and commercial developments. Councillember Sher stressed that it was important, in his opinion, to have a formal policy, and not leave staff in the position of negotiating in -lieu payments informally. MOTION: Councilmember Sher moved, seconded by Brenner, that Council establish a policy that in -lieu housing payments, similar to those staff had been negotiating, continue to b* negotiated by staff on some equitable basis, for all future industrial and curial de:=elopment. Councilor Clay recalled that he was in conflict of interest and could not participate some months back when the subject of the motion before them was discussed. He asked for confirmation. . Ms. Taketa said that the motion was not the same as the tax program discussed some time back; instead, the motion dealt with establishment of a policy that negotiations with develops c ntanfie.._ The motion itself "..,might trigger Hewlett-Packard payments, and to that extent Fir. Clay appears to have a conflict of interest. . . " There was no certainty. The test was what was "reasonable and foreseeable.' Mayor Carey asked that if Councilmember Clay did decide not to participate he old remain to participate in a brief executive session on personnel matters, 265 10/16/78 Councilmember Fazzino said that since his position was like that of Councilmember Clay, he would not participate. Richard Kluzak, president of the Palo Alto Chamber of Cornerce, said the Chamber had opposed the in -lieu housing policy payment because "...a tax is a tax," irrespective of what it was called. He said he•thought that Proposition 13 stated that a vote of the people was requireed whenever a tax was imposed, and he felt staff had "extracted" in -1 ieuepaynnents without express policy having been established by Council 91 advance. He asked that the matter be referred to committee and that the business conmunity be given an opportunity to respond. "We don't like this a bit." Councilmember Fletcher said she supported the motion wholeheartedly. Would passage of the motion eliminate the choice between providing housing itself, instead of the in -lieu payments? She said she hoped a developer would propose mixing housing with commercial/industrial, especially in the downtown area. Naphtali Knox, Director of Planning and Community Environment, said that 12 units of housing were being provided by Boyd Smith in such a setting on Page Mill. He added that if the motion passed he would assume Council would forego the housing question and look at projects where there was a housing impact and using the present mitigation process continue to obtain in -lieu payments, if Council wanted staff to look at housing itself, in addition to in -lieu pa nts, that should be stated in the motion. Councilmember Sher asked if the 12 units of housing were negotiated by staff. Mr. Knox said they were negotiated as part of the negative declaration. Staff had identified the impact and asked the developer what he was going to do to mitigate it, and the developer stated what he was going to do and it was stated in a document signed by both staff and the developer, then copies of the document went to each of'the decision -taker bodies of the City, and each of them signed off on the document. With the present motion staff would go for in -lieu housing payments only. Councilmember Sher said he would prefer not to limit the way mitigation in housing was obtained. With permission of his second he would like to add 'housing units or" to precede "in -lieu housing payments," in the motion. Vice Mayor Henderson asked if Councilor Sher meant to state that housing negotiations had to be successful as a condition for approving a particular project. Councilmember tber Sher replied that he did not think the policy stated that in every case payment had to be made in connection with aalevelopment. State law requ i red that if there wee a hoeis i ng impact : i t be mitigated. His motion affirmed as policy that which the staff. had been doing. it was not a new tax. Councilmember Brenner said she thought that staff hal been pursuing a policy stated in the Comprehensive Plan. She_ thought it was ineportant that Council re i nforce the staff in the good job it had been doing. She did not think.the motion departed at all from what was already in the Plan. Mayor Corey said the motion WS The mo 1on, if it passed, would over $300,000 in payments. The ordinance, did not require five significant, though it appeared innocuous. have a Citywide effect and would trigger motion for a policy, unlike that for an votes. In this case, the policy would 266 10/16178 have the effect of an ordinance but would have been enacted by a minority of the Council. He would not vote for it. The State, through the EIR guidelines, had already made the policy, Section 0, that stated "In evaluating the project there will be an initial study to enable an applicant or the city, as lead agency, to modify a project, mitigating adverse impacts before an EIR is written." The staff had been doing that. When the developer and the city, as lead agency, could:provide certain mitigating measures sufficient for the issuance of p negative declaration, they did so, Mayor Carey said that the policy proposed in the motion was part of the CEQA guidelines. He saw no advantage of making policy on what was already in the CEQA guidelines, other than triggering the $300,000 payments. He said the -motion was insidious. Councilme:iber Sher said his motion had been carefully drafted, and the language with which it was drafted had been taken from conditions of the Hewlett-Packerd project and the Holvick project. Some developers had been making payments; others were not. Hewlett-Packard and Holvick had said they were willing to make payments provided other developers did likewise. He stressed the inequity of having some developers pay, but not others. MOTION PASSED: The motion that Council establish a policy that housing units or in -lieu payments, similar to those staff has been negotiating, continue to be negotiated by staff, on some'equitable basis, for all future industrial and commercial development, passed on the following vote: AYES: Brenner, Fletcher, Henderson, Sher NOES: Carey NOT PARTICIPATING; Clay, Fazzino ABSENT: Eyerly, Witherspoon ORAL CO[ NiCATUO'S None ZANCELLATI0N OF OCTOBER 23, 1978 MEETING Mayor Carey said that the City Manager had suggested that the October 23 Ming becancelled. MOTION: Councileember Fletcher moved, seconded by Henderson, that Council cancel the meeting of October 23. The motion passed on a unanimous voice vote, CouncIlmembers Witherspoon and Eyerly absent. MEETING ON FIFTH MONDAY Councilor Brenner pointed out that it was customary that Council not meet on fifth Mondays of months in rich they occurred, October 30 would be the fifth Monday of Oc tobe'r . MOTION: Vice Mayor Henderson moved, seconded by Brenner, that Council set a special meeting to consider regular business for October 30. The motion passed on a unanimous voice vote, Councilmembers Eyerly and Witherspoon absent. 267 10/16/78 ADJOURNMENT TO EXECUTIVE SESSION vrpormerrAXTWIerlavouRrocr Council recessed to Executive Session at 9:40 p.m., followed by adjourn- ment at 10:20 p.m. . 4. �4+