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HomeMy WebLinkAbout1977-04-04 City Council Summary MinutesAdjourned Meeting of March 28, 1977 and Regular Meeting of April 4, 1917 ITEM PAGE Adjourned Meeting of March 28, 1977 8 4 2 Ordinance Regulating Mechanical Amusement Devices and Arcades 8 4 2 Water Rationing Plan 8 4 2 El Camino Real Moratorium Extension 8 4 3 City Employees Retirement Systems - Finance and Public Works Committee Recommendations 8 5 4 i Alternative Road System. --- California Avenue and College Terrace Traffic Barrier System, Finance end Public Works Committee Recommends t io n.e 681 Arastradero Road -- Finance and Public Works Committee Recommends The Name " Ynigo Way" For a New Street To be Created by Subdivision of Property Visitors' Bureau -- Policy and Procedures Committee Recommends That The Matter Be Tabled North County Joint Powers Agreement For Solid Waste Disposal and Resource and Energy Recovery Systems ABAG1gIC Santa Clara Valley Corridor Evaluation: Analysis of Phase III Findings Agreement Granting License To Santa Clara Valley Water District For In tmllation Of Salinity Monitoring Welts 8 5 8 Rescheduling of Bmy1ands Mester Plan From April 4 To April 11 8 5 8 Deletion of Fusel* for Auburn -Folsom Dam 8 5 9 Request of Councilman Berweld Re Blighted Areas in the Downtown District 8 5 9 Request of Councilman Sher re Electric Rate Refund 8 6 0 Request of Councilman Eyerly re U.S. Bureau of Reclamation Refund 8 6 0 8 5 4 855 855 855 856 Request of Vine Mayor Clay and Councilman Carey re Diepositian of Bureau of Reclamation Electric Utility Fund 8 6 0 Withdrawal From Northern California Power Association Develop- ment Fund 8 6 3 Personnel Committee to Review Council Appointed officers 8 6 3 Orel CommunicAtions Adjournment 863 864 8 4 0 4/4/77 ITEM (Continued) PAGE Regular Meeting of April 4, 1977 8 6 4 Minutes of :Larch 7, 1977 and March 8, 1977 8 6 4 Consent Calendar -- Referral Item 8 6 4 Recommended 1977-78 Budget --Referral To Finance and Public Works Coimz i t t ee 8 6 4 Proposal For 1976-77 Financial Audit Arthur Andersen & Company -- Referral Of Contract to Finance and Public Works Committee 8 6 4 Consent Calendar - Action Items 8 6 4 Silva Avenue/Silva Court Assessment District Sanitary Sewerage Project 8 6 4 Resolution Naming Election Officers For General Municipal Election Of May 10, 1977 8 6 5 County Road Financing Projections 8 6 5 8 6 5 8 6 5 865 865 Public Hearing: Resolution Declaring Weeds a Nuisance 8 6 6 8 6 6 Paramedic Training With. Stanford Hospital Retirement of Robert E. C ucr Retirement of Emanuel White State of the City Message Water Rationing Plan Request of Councilman Rerwa1d Re Process of Handling Responses To Citizen Inquiries of Council 8 7 G Mineral Deposits in Sewage Sludge 8 7 0 Oral Communications 8 7 0 Ad j our nt 8 7 0 8 4 1 4/4/77 Ad j onrned Meeting March 28, 1977 The City Council of the City of Palo Alto met on April 4, 1977, for the adjourned meeting of March 28, 1977, at 7:40 p.m., Mayor Norton presiding. PRESENT: Beahra, Berwald, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon ABSENT: Carey Mayor Norton noted that that evening's meeting would begin with the item concerning the moratorium on El Camino Real, and he also observed that a citizens' group had asked that Item 11 (Ordinance to regulate Mechanical Amusement Devices and Arcades) be delayed for two weeks so that they could prepare a presentation on it. The Mayor said he would accamo date them in that regard. ORDINANCE REGULATLNG MECHANICAL EFtF�I"f i)EVICES AND ARCADES Contirsled to April 18, 1977 MOTION: Mayor Norton moved, seconded by Comstock that the ordinance regulating mechanical amusement devices be brought forward on the agenda for continuance to April 18, 1977. The motion passed on a unanimous vote, Councilman Carey absent. MOTION: Mayor Norton moved, seconded by Berwald, that the matter concerning mechanical amusement devices be ag ;ndized for 8:00 p.m. on April 18, 1977. The motion passed on a uzsanimoue vote, Councilman Carey abt ent . Councilwoman Witherspoon asked if the matter of mechanical amusement. devices tied in with the El Camino moratorium. City Attorney Robert Booth answered that the moratorium ran until June so that there: was no urgency to take action that evening. WATER RATIONING PLAN Mayor Norton said that there was no clear policy for making changes in the agenda to accommodate absent Councilmembers, and he would move at the appropriate time that the natter concerning water rationing be con- tinued for two weeks so that he could honor Counci1ae ber Carey's request, because Councilman Carey wated to participate in the discussion on that matter. In relation to the proposed water rationing plan, George Sigel, City Manager, said there was concern about a portion of the proposed ordinance which dealt with svir'a ingg pool permits, for which they had had many requests. He &.skald that Council approve the proposed ordinance before them that evening with the understanding that some perhaps more important phases of the program would not have the force of law and could be discussed later. He said there would be suggeeted guidelines rather than mandatory programa. Some guidelines would be for homeowners mot to leave hoses rumniag, to change mvimming pool water only for watery reasons, no nosing of patios, sidewalk' and the like with fresh water. New water service would be granted only with conditions that water -saving devices be incorporated into the pleats and he listed a total of eight suggestions, saying they should 842 4/4/77 c eel be adopted immediately. He said other portions, not mandatory, could be discussed at a later date, for, iEa good part, community members were already practicing many forms of water conservation. Mayor Norton conceded the matter would best not be continued to a later date, and that Council would deal with it when it came on the agenda. £L CAMINO REAL MORATORIUM EXTEt S IG?i Naphtali Knox, Director of Planning and Community Development, drew Counci3members' attention to the summary in their packets showing the elements that differed between the existing moratorium, which staff had e.aggeeted be extended six months, and the moratorium conditions that would result from enforcing the ordinance passed on a motion of Vice Mayor Clay, at 4-3, which would require P -C conditions en all development on El Camino and El Camino Way. Mr, Booth, City Attorney, commented that an ordinance responding to Vice Mayor Clay's motion had been drawn up which provided an exception procedure for projects which were approved and declaring an emergency. Mr. Knox projected a tranepareucy showing the recorded differences; he said he al o had a transparency showing the El Camino area, in accordance with a request from Councilwoman Witherspoon. Mr. Booth said that the existing moratorium did not permit the etru_ture of new buildings and the new ordinance would permit them by P -C application only. Expansion of buildings for the same use would only be permitted wader the new ordinance by P -C. With the present ordinance it would be permitted. Change of use and use of vacant buildings is not permitted currently, and under the proposed ordinance only uses under the present zoning would be permitted. Zone changes would be permitted for P -C, residential or neighborhood use in the current ordinance; only P -C would be permitted with the proposed ordinance. Subdivisions are not currently permitted, and such would be the case with the proposed ordinance. Councilman Sher asked if the major difference between extending the praseut moratorium and the proposed new ordinance was in the change of use and use of vacant buildings, or for P -C or neighborhood or commercial uses. Mr. Booth conf i rasd that that was so. Ccuncilman Sher asked if in the staff proposal regarding the conditional use permit (change of use and use of vacant buildings) administrative procedure would determine whether or not the use was any more intensive. Mr, Ksioe replied that as Planning Director he could determine if the land use designated in the Comprehensive Plan was consistent with the requested use. If the usa was inconsietent it would be permitted only subject to s use permit. Administrative procedure =taut that someone would look at the plan and determine if the proposed use wee consistent. Intensity would be decided by a building department official, relative to the A through 1 categories in the building code. Councilman Sher asked if the building department official's decision was subject to any kind of appeal. 8 4 3 4/4/77 Mr. Knox said that Mr. Booth had told him it could be appealed only through the courts, for it was purely an administrative matters. Mary Babson, 3545 El Camino, operated a real estate business from that location since 1956. She said that under the existing moratorium she was not permitted to move her office from the second to the first floor even though it was her own building. Were she to rent she had to rent to a tenant in exactly the same business as the previous tenant. She felt that prohibition was contrary "...to the laws of our land." She said that in 1972 ninety-nine percent of El Camino propertyowners and residents within a certain distance of the Mint Club had signed a petition asking that a certain use permit be denied the Mint Club by the Planning Commission.. She said residents and businesses along the El Camino had the same goals. She said the moratorium was no solution and she asked that it not be extended. Councilman Beahrs asked if Ms. Babson opposed the cerreut or the proposed moratorium. Me. Babson replied that she opposed continuance of the current moratorium. Councilman Berw.. d asked if under the conditions of the proposed ordinance Ms. Babson could trove her office within her own building. {r. Booth, City Attorney, said that she was permitted to do that under both the current and the proposed ordinance. Denny Petro,sian, 443 Ventura, Ventura Neighborhood Association, urged that the original moratorium extension proposed March 16 be discussed by Council again. She suggested it be amended to require use permits for every use for the next six months: in her opinion it was the best control against abuses until the new zoning ordinance was completed. The Clay ordinance did not deal with changes in existing uses which held most potential for damage to the El Camino. Fast -buck operators, she said, cannot be thought to have "just gone home." there were thirteen vacant places, formerly massage parlors, offered ,apace for possible return of objectionable enterprises. She referred to a Palo Alto Times article on attempts to renovate a rundown area in Kansas City, with one citizen saying, "'If Kansas City is interested in ... keeping out the bad elements tit tends to go in the area where there are a lot of bars)." She praised the Palo Alto Times for its excellent reporting on how criminal activity infiltrates. She cautioned how easily "it could happen here." She asked someone on the City staff to confirm that a large gambling interest had inquired about a place on the El Camino. Mz. Booth said an iuquiry about establishing a new cardreoan had been stopped by the present moratorium. Ma. Petrmaian quoted from an ,article on gambling in the N.Y.Tiaee, which also pointed out the deteriorating effect gambling had on an area. She emphasised the need for an amendment in the present moratorium which would require a use permit. Councilman Berwal4 asked Ma, Petrosien to repeat the reference to a large gambling establishment. Ma. Petrosian anevered that the planned establishment consisted of a casino -like development. B 4 4 4/4/77 5 -qv Councilman Berwald asked if such an establishment would be legal under the present laws in Palo Alto. City Attorney Booth replied that only one form of poker --low bail, an4 Pan, were allowable. Councilman Berwald asked if some ordinance did net exist which would prohibit the proliferation of card rooms of any type. William Alhouse, 2450 El Cassino Real, spokesperson for the El Camino Real Propertyowners group, read from a position statement saying the group was opposed to a continuance of the moratorium. and, failing that continuance, they favored the Clay moratoriums with the provision that after the project was developed within P -C limits the developer could revert to the zoning which prevailed for that area, unless the development was inconsistent with the zoning. Le said his group would like to work with staff on El Camino developments. The group, he said, shared the goals of the Comprehensive Plan, and he added that they had some constructive comments to offer on the Blaney report, in the spirit of compromise and harmony. Councilman Comstock referred to Mr. Alhouseee suggestion of possible re -zoning after a property had been developed under P --C. Could there be an automatic re -zoning to the prevailing zone, he asked. Mr. Knox replied that he thought there would have to be separate action, with a required public hearing: otherwise the development alight be construed as traditional zoning, which was not looked upon favorably. Councilman Comstock observed that somewhere along the way some classifications would have to be recategorixed. John Miller, 3736 Cass Way, spoke as a member of the Barron Park Association, which favored continuing the present moratorium. He thought perhaps 3 phrase saying public hearings should be held in case there were "flagrant violations," could be inserted. Ile said it vas unlikely that some atructuree,that were compatible with the zoning to take effect with the Comprehensive Plan, could be "instantly vaporized," but if they ceased to exist because of earthquake or the like what followed would be zoned "neighborhood co rdial." He asked that the moratorium continue in irs modified form with no new non -conforming u:eee permitted. He thought noweeapty office space should be permitted to be rented as office space, or public bearings could be held about applications for uses whose congruence night be questioned. Gretchen Leland, 3700 Legume Aveuue, said that criteria for developing the Comprehensive Plan were still needed and Council should direct staff so that there would be no intensification of development. She thought the work of the Planning Commission should be upheld. She thought controlled new development should be considered in public hearings, for the zone "neighborhood commercial" was still undefined. Robert England, vice president of the Barron Park Association, read at statement of the organization saying that the promise of the Comprehensive Plan was still delayed for the "neighborhood commercial" was still undefined. He asked Council not to let the "uncontrolled mess" resume. 0 8 4 5 4/4/77 Frank Crist, Jr., represented Rudolfo'a Restaurant, which had been owned by the Alfinito Brothers for twenty --two years. He said that "wiping the slate clean" meant that some of the people involved were going to be hurt.. He recalled that the County had imposed a moratorium on El Camino development in 1975, then there had been talk of delaying development for the Comprehensive Plan to take effect, and now an extension of another moratorium had beep proposed, so that Rudoifo'a had been off the market for a total of two and sue -half years. Small wonder the neighborhood was deteriorating, he bemoaned, "...when you've got moratoriums hanging over it, making a governmental -created vise", Rndolfo'sa could net sell or expand or keep up with the competition in any way, He said he was confused about what was going on and what had been done during the moratorium. He compared it to the City's litigation "in the Foothills." Moratoriums, studies, re -zoning --basically it all added up to inverse condemnation proceedings. He felt the City might be involving itself in action for which they might be liable. He opposed the extension of the moratorium, as it stood, though the proposed Cla moratorium at least allowed some roomy "...but don't think for one minute it doesn't take it off the market." Rudolfo's wanted to expand their facility which involved extending the overhang, which was not allowed and therefore the remodeling was stalled. And if they were allowed to do so, would they then become non -conforming use when the Comprehensive Plan zoning went through. Councilman Comstock asked City Attorney Booth to respond to Mfr. Crist's cons ents about remodeling. Mr. Booth said there would be no problem with either interior or exterior remodeling as long a' the building itself was not expanded. He said that extending the overhang would not present a problem, Mr. Crist said the key problem was whether or not there was a possibility that tie Alfiaitoas right spend a great deal of money and wind up being non -conforming so far as zoning according to the Comprehensive P, Ms. Knox replied that the Comprehensive Plan showed Rudoifo'sa as being in an area zoned "multi -family." so the restaurant would be non -conforming. Possibly, he went on, a mix of residential and commercial could be adored. Mr. Crist asked what the situation would he if under the Clay moratorium Rudolf o' a got a P -C to remodel then found in six months they had to be re -zoned. He thought that getting a P -C wag so rigorous the person wino got it ought to have it forever. Councilman Mehra raised the question of equity, and he asked whet amortization period would be allowable if there was a substantial chaege in zoning on properties. Mr. Knox said that staff had not yet looked at the section of the ordinance which dealt with amortisation, but some slight discussion showed there night be a chance of changing the amortization rules At the present, he said, the amortization was based on the kind of use and the kind of zone, because, for example, a commercial use in a residential zone did have to be amortized. The amortization period would be based on the kind of structure and the elate it was built. La a substantial structure built recently the amortization period coule run as lord as forty veers; * less substantial structure, built quite sow4 time ago, could be amortized in fifteen 'marts. 846 4/4/77 Councilman Beahrs asked Mr. Knox if he thought another six months added to the present moratoriums would be adequate, and he adjured the staff to be "utterly realistic" for the moratorium seemed to go on ad infinitum, which to him appeared to be unfair. Mr.:Knox read from staff's memo of March 36 which said the staff would direct its efforts toward preparing a zoning map...in any event staff anticipates that final adoption of the new zoning ordinance fad map will occur not liter than December 20, 1977...." He added that staaf f hopes to finish by October 12, He gave dates on which - meetings on the zcning had been held on laid use sitters, saying that they had decided that they would leave land use matters and "get into zoning orciiaance matters." He gave specific examples of how staff was going about the zoning assessments. Mayor Norton urged that the listing of specifics be shortened so that the public could be heard from, in view of the growing lateness of the hour. He asked that Coencilmembers hold their contributions to legitimate observations and not give position statements. Vice Mayor Clay asked Mr. Booth if the assumption "once P -C always F -C." was correct. Mr. booth confirmed that assumption, Steve Mylroie, +15 Fernando, spoke on the topic of improved but presently vacant 'property on the 1:l Camino. He said that C-3 zoning would apply to most properties which would confront residents and business with more obnoxious uses. He said it was a big loophole, and he asked how those uses could be amor'tixed. Robert Moss, 4010 Crme, said he thought it was not the intent that uses during the moratorium be restricted to the use before the moratorium. He recommended adoption of the statement in the oronan e, "Ali determinations of land use designation consistent with the Comprehensive plan should be made by the Plaanaing Commission ...appealable to City Council." The Clay ordinance addressed only a limited problem of new structures, whereas concern was felt about use of existing structures. P -C zoning was expensive and almost too permissive. He praised the work of the Planning Department. He also pointed out that the Rudolfo property was not affected by the moratorium for it was zoned residential and required rezoning. W. Thompson, 410 Wilton Avenue, expressed shock at what seemed to him to be casual treatment of the El Camino moratorium by Council two weeks ago. He held that the El Cassino was more important thaa the carport et 101 Alma, to which Council had given so much attantisnn. He had purchased a home in the Ventura neighborhood with the hope that the El Cassino could be "humanized" and he felt the revisions of the moratoriums ordinance had been good. Council had rejected staff recommendations, Mr. Thompson charged, concerning the El Camino matter, He felt the moratorium had to be continued to facilitate orderly development, until the zoning ordinance had been developed, which was to be consistent with the Comprehensive Plan. He thought the moratorium should protect area residents and businesses from new uaas which might be inconsiateat with the aging ordinance as developed, and uses such as card rooms should not be permitted until the ordinance stating whether or not they would be allowed was adopted. Sal Niosi, 4117 El Camino, reviewed tbs history of his lot, which ha bad purchased in 1972 and which was vacant at present. The zoning had been C -3-S, and to had intended to use the property to open another branch of trammel/nice) installation business, not 847 4/4/77 1 strictly au automobile repair garage, only eight or ten cars a day. He said he had received a letter from Anne Steinberg of the Planning Commission in 197E saying that his property would remain zoned C-3. He had begun design work for a building of about 2000 square feet, and had invested "several thousand dollars" then presented the drawings to the Architectural Review Board, and then he and his architect and attorney had learned about the moratorium. He said the property was high priced when he bought it and now it had little or no value, for the C-3 zoning had been whet gave it value. He invited interested staff ambers to view his other two transmission installation businesses n San Bruno and Belmont to see what kind of business it was --- clean, modern and quiet. He submitted his letter from the Planning Commission of July 16, 1976. He said that Palo Alto could not become an island, for people and cars from all over the country would come to the Peninsula, and they should be serviced by modern businesses. His was not "a massage parlor or junk type of shop." He said he was losing money all the time due to the moratorium, money which he could never recover. David Jeorg, 4056 Park Boulevard, recalled that for three years the City had been at work on a plan to do some much needed upgrading on El Camino Real. He asked that the City not "back off" just when the tools for implementation of an orderly plan were at hand, which would help the neighborhood commercial kind of business that was desired. George Casten, card rooms for of the El Camino taxes and having employees and high E1. Camino came fro be encouraged for o and they would be th Stephanie Sussman, 739 El Camino begin to impr of heart and hopefulness business after naother , " 114 Monroe give, oppozed massage parlors and Li Camino. He recalled the residential nature twenty years ego, with businessea paying low few employees, end contrasted it with the many taxes of today. He said that money spent on the outside Palo Alto. He asked that that money therwise the residents would have to provide it, first to complain. Joshua Avenue, said she had noticed the ova perceptibly. --giving a sense of change toward the future. "Just one tawdry had been the direction of the past. Prsnk Manfredi, 219 Addison Avenue, said that property values, contrary to the stated opinions of some who had spoken that evening, were not going down in value, but were going "up and up and up." He sited the rise in prices on property that had occurred since he had come to Palo Alto in 1947. He thought Barron Park, since it had become a pert of Palo Alto, should also become as beautiful; he asked that the moratorium be continued. William M. Robinson, 4164 Wilkie Way, represented the Charleston - Meadows Association, that wanted the moratorium extended. They supported the original moratorium dram up by the City and oftered on March 16. They emphasized that approval of the new zoning ordinance was the most important matter for the future. MOTION: Vice Mayor Clay introduced t maned, seconded by Norton, its adoption e following ordinance and ORDINANCE 2975 entitled "ORD THE CITY OF PALO ALTO IfPOSI NEW BUILDING PROJECTS, 8UI DI CHANGES, AND SUBDIVISIONS ALONG PEAL AND PROV ID INNG AN EXCEPTION APPROVED PURSUANT TO P -C (PLANNED 'i PROCEDURES AND DECLARING AN by Council: MANCE OF THE COUNCIL IL OF A MORATORIUM ON ALL EXPANSIONS, ZONE A PORTION OR EL CAXI 0 PROCEDURE FOR PROJECTS COMMUNITY) DISTRICT 848 4/4/77 `; `E Mayor Norton explained that an earlier action by Council some weeks ago had instructed staff to prepare the ordinance stated. Councilman Sher said that though he had not been present at the meeting when the preparation of the ordinance had been requested he had reviewed the background material and was aware that there had not been much discussion. though the ordinance appeared to have been carefully worked out. SUBSTITUTE KeTION: Councilman r:h•:r introduced the following ordinance and moved, seconded by Comstock, its edoption: "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO EXTENDING FOR SIX MONTHS THE EFFECT OF PREVIOUSLY PASSED ORDINANCE NO. 2951 IMPOSING A MORATORIUM ON ALL NEW BUILDING PROJECTS, ZONE CHANGES, AND C'HA,NGE$ OF USE ALONG A PORTION OF EL CAMINO REAL, MAKING CERTAIN AMENDMENTS THERETO, AND DECLARING AN EMERGENCY" Mayor Norton, stated that the intent of Councilman Sher's motion vas to bring back the original ordinance. Councilman Sher said that the ordinance had not been moved by the Council on or since ;arch 16. Mayor Norton said that the ordinance had been voted on and that it had failed. Councilman Sher said that on March 21 Council had simply directed staff to prepare a new ordinance, and that the one he had just zoved had not been discussed. Mayor Norton asked for some substantiation by staff, but adding that the important thing tonight was to introduce an ordinance which had the P -C approach, and to do so in a way that was parlia ntarily correct. He said that Councilman Sher's substitute motion was now before Council. Councilwoman Witherspoon said that she saw the problem as being one of defining "neighborhood commercial' and getting aucb a zone on the books. That endeavor seemed to be blocked by the fact that they were: waiting for the entire zoning to be completed before any of the element* of the zoning were passed. She asked staff if the Council could take all of the commercial coning, including "neighborhood commercial" and pass that before the entire zoning ordinance was looked at. Naphteli Knox, Director of Planning and Community Development, acid that Council could take the development of the "neighborhood commercial" first. To do so would involve additional effort for giving notice. It would focus attention on one area and would help complete the El Camino area though it would delay zoning for the rest of the City. At present, he said, Planning Dept;., was developing all of the zoning "as a part of a package." "neighborhood commercial" was one of several other commercial zones. Several sections had to be revised. Once there wan. an acceptable definition of "neighborhood commercial" in hand it could be inserted into the present toning Ordinance and then applied to the map. 849 4/4/77 Councilwoman Witherspoon said that an acceptable definition of "neighborhood commercial" was needed for, several other zoning applications. Mx. Knox agreed, saying that the Comprehensive Plan contained a working concept, along with some history of changes, an example being that "gas stations" had been taken from "neighborhood commercial." Councilwoman Witherspoon asked again if the commercial zones could be worked on intensively apart from the entire package of the Comprehensive Plan, sometime before July 1, 1977. Mr. Knox said that the matter of commercial zoning could not be worked out before July 1. Councilman Berwald asked how the moratorium on card -ooma and other "weird adult entertainment" businesses could be assured. City Attorney Booth said that such language could be added to whichever ordinance passed. AMENDMENT: Councilman Serwald moved, seconded by Comstock, that with the ordinance be an absolute moratorium on card rooma, gambling establishments, amusement parlors, adult entertainment, pornographic adult bookstores, film productions, and the entire panoply of that type of establishment, with the appropriate language to be stated by the City Attorney. Mayor Norton asked if the amendment followed acceptable legal procedure. Mr. Bcoth assured that it did. Councilman Eeahrs said he was not convinced that the amendment had followed acceptable legal procedure. He said he had supported Vice Mayor Clay's motion regarding P -C applications having to be made for he himself felt about one and one half yearn would pass "before some of these idealized situations are firm and on the record." He said he thought some of the touncilmembers' harranguing impeded staff from doing their work. He eaid he had told Ms. Petrosian in an open way that he thought people would not invest any money on a P --C with the situation as it now existed. He favored the Clay motion in the interests of fairness. Councilman Eyerly referred to the attachment to the staff veo of March 28 showing differences between the Clay motion and the staff's ordinance, and noted that the greatest difference occurred in the use of vacant buildings; in the staff ordinance change of use and use of vacant buildings would be permitted if not more intense than previous use, with a conditional permit needed if inconsistent with the Comprehensive Plan. With the Clay proposed ordinance, change of use would be permitted if already permissible under the predent soning, which he thought did not protect the props►rtyowner wino might want to change the use of his building. He said he fevered Council would vote 4-4 and there would be no moratorium at all, so he said he would support ?hr. Bert/oldie amendment to the Sher motion„ should that fail he said he hoped the Clay motion could be amended to includo the Berwald amendment. ANENDKENT PASSED: The amendment excluding certain kinds of adult entertainment passed on the following vote: AYES; Serwald, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: itesbrs ABSENT: Carey ffi 5 Q 4/4/77 SUBSTITUTE MOTION FAILED: The substitute motion for the introducing ordinance amending Ordinance 2951 failed on the following vote: AYES: Sher, Norton, Comstock, Eyerly NOES: Beahrs, Berwald, Clay, Witherspoon ABSENT: Carey Mayor Norton said the Clay motion was now before Council. AMENDMENT: Councilman Eyerly moved, seconded by Berwald, that there be incorporated in the Clay motion that portion of the moratorium coucerni.ng the use of vacant buildings which reads "change of use and use of vacant buildings permitted if not more intensive than previous use cocaditional use permit needed if inconsistent with the Comprehensive Plan." Councilman Sner a;ked how 'more intensive use" would be determined. Councilman Eyerly offered that Council could perhaps debate: what conditions should be in that judgment, for there had been some concern about the Planning Director being the final arbiter. He said he did not think all projects should have to qualify for use permits, for it was too demanding on staff time. He favored adding some mechanism for appeal. Councilman Sher asked If Ms. Steinberg or staff could suggest a way in which "more intensive use" could be determined so that there would be public participation; also the propertyowner would have an opportunity for review. Mr. Knox replied that Mr. Booth had said an appeal provision could be worked into the ordinance. Already incorporated was a provision that the Building Division make a determination about intensity and then the Planning Department would make a determination about conaistency with the Comprehenusive Plate. The determination by the Planning Department could be appealed. Anne Steinberg, chairwoman of the Planning Commission, said an alternative would be to have the project come to the Planning Commission to decide whether or not the use was consistent. Councilmen Sher asked if the Planning Commission could handle a number of such projects expeditiously. Mt. Knox said that rim. Steinberg's proposal was an alternative; he thought thert should be a Planning Commission procedure; or an administrative procedure, which required trust on the part of citizens. Mr. Knox said he thought it would be best to have all decisions wade by the Planning Commission, rather than have them come first to the admioiatratien. Councilmao Star *aid that old be his preference as well. He asked if Councilman Eyerly could work that into his emotion. Mayor Norton pointed out that if the Planning Commission were to be the arbiter it meant that the City Council would also be the arbiter. He asked if that was what was wanted, for everything ;the Commission did was a recommendation to the City Council. 8 5 1 4/4/77 Councilman Eyerly referred to page 2, paragraph five, in the second paragraph, reading "such determinations by the Planning Director or said person shall be final." He suggested adding "unleso appealed," and asked Mr. Knox the present method of appeal. 1 1 1 City Attorney Booth answered that first there was an informal process involving the City Manager who supervised all City employees, and after that the appeal would be to the courts or to Council to change the law. Councilmau Eyerly said that by the words "unless appealed" he had thought the appeal would come to the City Council. He thought that vas the only way to structure an appeal. He said that if Councilmesabers wished he would take the cords cut. He concluded that he would leave it out. Councilman Baahrs asked if administrative approval was needed was notice given to residents and businesses in the area. Knox replied that a hearing was held for use permits, but that the building official alone made the determination of whether or not the use was more or less intensive; no notice to the public was given ou that. Councilman Eeahrs said he thought the citizenry wanted to be herd Councilman Sher offered that a compromise night b: to have an administrative decision follow a public hearing. Mayor Norton said thst first the amendment on the floor would have to be vote en before another amendment could be moved. Councilmen Sher said he bad wanted the maker of the present amendment before Council to incorporate the public hesaring/admainisteative decision procedure. Mayor Norton restated that the reconsendationeTas to install a syst.m of appeals on decisions wade by the Planning Commission which would have the effect of bringing an appeal on a use permit before Ccuncil Councilmen Eyerly asked that inclusion of an appeal procedure not be included in the amendment. Vice MSayor Clay said that not use permits but change of uee was being diacuseed, which he thought should not be done by public hearing. PASSZD: The amendment adding to the portion of the moratorium, concerning the cbaaage of use and use of vacant buildings the words "if not more intensive than previoue use; conditional. use permit needed if inconsiatent with the Comprehensive Plans" passed on a unsulmoss vote, Councilmen Carey absent. AMIMMOMNT: C uneilmen berweld moved, seconded by Heaters, that added to the main motion there be included an absolute moratorium on card rouse, gambling establishments, amusement parlors, adult entertainment, pornographic adult bookstores, filar productions, and the like. PASSE The amendment passed on a unanimous vote, Councilman Ca.ray absent. I 52 4/4/77 AMENDMENT: Councilman Eyerly moved, seconded by Beahra, that on any change of use and use of vacant buildings, notice be given to the public. Mr. Knox explained that there were 1) changes in intensity, passed by the building official, and 2) "notwithstanding the provisioes of this section, no certificate of occupancy shall be issued by the building official if the use shall be inconsistent with the land use designation of the Comprehensive Plan." Under that section, he said, he was to make the decision of whether or not the proposed use was consistent. He asked if Councilman Eyerly was sp+aeking about the Building Official's decision or the Planning Department's decision, Councilmau Eyerly said be was talking about the Planning Department's decision, and his amendment stipulated that if there was a change of use, notices concerning the proposed use would go to the public for input. Mr. Knox asked if Councilman Eyerly meant that should take place only when the proposed use was inconsistent with the Comprehensive Plan. Councilman Eyerly asked how Mr. Knox would decide if the proposed use was consistent or inconsistent --for he thought that was what was bothering the public. Mr. Knox answered that many proposed projects would be consistent with the Plan for all of the El Camino from Charleston south was shown as "service commercial" as well as some sections to the north, which was much the same as the C -3-S zone. The multi- family residential cr "neighborhood commercial" zonings posed the problems. He thought that by the insertion of 'old paragraph five' into the proposed ordinance, adding another provision that the public be notified had the effect of subverting the original purpose of the staff revision --the original purpose.had been to allow staff to amuse "a fairly simple, clean and quick administrative decision as to whether or not a change in use could go into a building without a lot of brouhaha." Giving advance notice meant the easy and clean administrative decision would have been lost, however. Councilman Eyerly said he knew the administrative decision was easier; be asked Mr. Knox iww many changes of use might be coming in. Mr. Knox said that Mr. Booth had estimated about fifteen a myth; he repeated that it wasn't that staff did sot want to do it but that it meant the simplicity was gone; assuming that not the Building Official but the Planning Director was mistrusted, all the Planning Director's decisions should be 'noticed' in the local papers and the Wall Street Journal as well. AMENDMENT WITHDRAWN: Councilman Eyerly: said he was still somewhat confused and therefor* he would withdraw his amendment re giving notice. MAIN MOTION PASSED: The main motion, introducing ordinance 2975 with the provision for P -C procedures passed an the following vote: AYES: Beahrs, Berweld, Clay, Comstock, Eyerly: Morton, Star NOES: : Witherspoon ABSENT: Carey $53 4/4/77 Council recessed to Executive Session fro 9:55 to 10:20 p.m. CITY EMPLOYEES RETIREMENT SYSTEMS FINANCE AMID PUBLIC f�OR_kS COMMITTEE RECOMMENDATIONS (CMR:175:7 of Feb. 24, 1977) MOTION: Chairman Berwald of the Finance and Public Works Committee moved on behalf of the Committee the following recommendations: 1) that Council authorize amending the City-PERS contract to include Section 21222.6 (one-time 15 percent increase to certain miscellaneous employees who retired prior to July 1, 1971); and 2) that Council consider similar action with regard to retired safety employees if such an amendment becomes available. Councilman Berwald said the Finance and Public Works Committee had taken up tze matter in June, 1976, hearing from some employees about a retirement plan which allows, under the law, an increase of 2 percent a year. He noted that inflation was causing the City to fall behind by a significant amount every year. At the time of the hearing the 5 percent automatic cost of living adjustment would have cost the City over $750,000.00. The staff proposal incorporated in the motion was that the City would withdraw from the asset/liability pool that had been created by all contracting agencies thereby making a liars --costly arrangement available. Further details were in the discussion of the Committee minutes of March 2, 1977. MOTION PASSED: The motion passed on a unanimous vote, Councilman Carey absent ALTERNATIVE 'CAD SYSTEM -- CALIFORNIA AVER JE MOTION: Chairman Bervald moved the following recommendations on behalf of the Finance and Public Works Committee: A) The Planning Commission's recommendations as set forth in their letter of March 3, 1977, with the exception of a minor change of wording to Recommendation 4: 1) Encourage California Avenue industries to urge trucks making pickups and deliveries to eater at 1 exit the area via Hanover Street, !except when a shorter trip through the area would result from using California Avenue; 2) Urge the County to fund and implement tha double left turn lanes and eignalisetuon changes at the El Camino Real/ Psge Mill inteereection at the earliest possible date; 3) Reject any additional traffic barriers in the California Avenue/Hanover Street area; and 4) Rncourege induetriea to communicate to employees, visitors, delivery trucks, sound other drivers and vehicles to enter and exit via Hannover Street to Page Mill Road through announcements, atcements, printed matter, tasteful signs on driveways and other means, 854 4/4/77 B) Finance and Public Works Committee recommends to Council that, in view of the rejection of the Alternative Road System and the adoption of the four Planning Commission recommendations, it would seem appropriate to maintain the present barriers in College Terrace. C) The Finance and Public Works Committee recommends chat Council direct staff to bring a plan for the College Ter:;<ace barriers back to the Finance and Public Works Commit;ae before submitting it to the Architectural Review Board Rio the Committee can review the plan, and than send it to the ARB together with the Committee's minutes and the Committee's recommendation. MOTION PASSED: The motion passed on a unanimous vote, Councilman Carey absent. 681 ARASTRADERO ROAD FINANCE AND PUBLIC WORKS COMMITTEE RECOMMENDS TRK CREATED BY SUBDIVISION OF PROPERTY MOTION: Councilman Berwald moved on behalf of the Finance and Public Works Committee that Council adopt the nava "Ynlgo Way" for a new street to be created by the formation of a subdivision of property at 681 Arastradero Road, and that, in the future, the Historical Society and staff be in better communication before presenting name selections. Councilman Berwa1d observed that "Yni.go" was a name iu use by Indians of this area, and the selection followed the precedent of using names with that derivation. Mayor Norton stated he would vote against the selection on grounds of unpronounceability. MOTION PASSED: The motion passed with the following vote: AYES: Beahra, Bertald, Clay, Comstock, Eyerly, Sher NOES: Norton, Witherspoon ABSENT: Carey IS ITO S' BUREAU POLICY AND .ENEEM TAT Tick MtATTEII LED RI.WRfIR.I1/.. 'iy. Vice Mayor Clay said that both the Committee and staff recommended that the matter of the visitors' bureau be tabled. Council agreed. ; G'iRlpiY Ja IiiT PEAS At,21 Fr FOR SOLID WASTE DISPOSAL AND RESOURCE ) NOTICE: Councilman Comstock moved, seconded by &sabre, that Council authorize the Mayor to approve the Joint Pacers Agreement end approve the following enabling ordinance to amend the budget: JOINT RISE OP PAS ACRECOVNT --NO= WM CIRA PA COUNTTh MUNICIPAL SLID WASTE MANAGEMENT PRASE hAGREEMENT $55 4/4/77 ORDINANCE 2976 entitled"ORDINANCE OF THE COUNCIL OF ThE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 1976-77 TO PROVIDE GENERAL ADMINISTRATION FOR THE NORTH SANTA CLARA COUNTY MUNICIPAL SOLID WASTE MANAGEMENT JOINT EXERCISE OF POWERS PHASE I AGREEMENT." George Sipel, City $.xrager, said that Councilman nerwald was the Council liaison in the Joint Powers Agreement committee. Councilman Berwald commented that he had been to all the meetings and Councilman Carey had been to most of them as well. The City of Palo Alto had given good leadership, he said, adding that George 5iee1 had been elected to be chairman of the Joint Powers P1*nning. Councilmad Berwald said that much attention had to be given to solid ante management, with authority assigned to cities and the county for reductions of volume of solid waste. He said that such a program was going to be expensive and that future councils should be aware of energy that could be produced from solid waste. Councilman Comstock mentioned a letter from the League of Women Voters at Councilmembers' places favcring the Joint Powers Agreement, on a regional basis, along with reservations about a second lift at the present Bite used for solid waste. In a talking with Mr. Sipel, Councilman Comstock said he had learned that a resource recovery operation could also be a part of the Joint Powers Agreement (JPA) . The technology for recovery would make it posiihle to move forward on that at an early date. Councilman Sher asked if the study to be completed by November', 1977, finding an alternative landfill site providing ten years' capacity for six cities, to be located in an unincorporated area, was within the realu of possibility, and when it might be available for use. Mr. Sipel replied that an answer resulting from that study should be available: perhaps six montba beyond November, depending on the status of the land that was chosen. MOTION PASSED: The motion to authorize the agreement and pass the ordinance passed on a unanimous vete, Councilman Carey absent. )ttyor Norton asked if an alternate elected official had to be appointed by hies that sliming. Mr. Sipel said that the appointment was needed if the rayon was ready to appoint. Councilmen Berwald and Carey were serving currently --each city had two representatives. Mayer Norton asked if Councilman Berweld was willing to serve as the principal Palo Alto appointee, with Councilman Carey as the alternate. Courci1eaa Berwald indicated his agreement. :7) Haphtali Knox, Director of Planning and Community Devop.snt, said that staff recommendations appeared on pages 9 and 10 of the March 24 report. The Association of Bay Area Governments (SAG) and Metropolitan Transit Commission (MTtC) had 25 slides available on the natter which Zfr. Xnox maid he could stow in a ten-minute period. They described the corridor evaluation. 8 5 6 4/4/77 Mayor Norton said he was prepared to support the staff recommendation and did not wish to see the slides. MOTION: Councilman Beahrs moved, seconded by Clay, that Council support staff recommendations as follows: I. Request the AZAG-MTC Joint Policy Committee (JPC) to consider the following alternatives for inclusion in Phase IV: 1) Expand the "systems management efficiency" alternative (#2A, the 1200 buses) to include (a) application of these programs to major arterials as well as freeways and expressways and (b) a substantial constraint on gasoline consumption. (This expansion of Alternative #2A probably would have the effect of reducing the number of vehicle miles traveled in 1990, and probably would show bus systems to be more effective.) 2) Retain the land use elements of Alternative #4 (Local General Plans) but eliminate most highway improvements deecigned for North County except those considered as '°systems management efficiency measures" and major interchange improvements. The transit system would include a 2,000 bus fleet and an improved Southern Pacific service along the lines of the PENTAP "B" proposal, Gaaelire consumption would be restricted in the sate manner as "A" above. 3) Combine the local land use policies of Alternative #4 (without North County highway improvements) and the transit system envisioned in Alternative #7 which include improvements to Southern Pacific, a 58.5 wile light transit system, and a bus fleet of approximately 1500 buses. Highway improvements would be limited in North County to systems management efficiency measures and a fe.r "major interchange improvements as in "2" above. Private vehicular gasoline consumption would be L restricted in the same manner as in "1" and "2':. 4. Combine the local general plan Land use policies and local general plan county -vide highway improvements in Alternative #4 with the staged transit system designed for Alternative #7, and assume no constraints on the availability of gasoline. Councilwoman ititherspoon said she would like to spend more time discussing the alternatives but she understood that the recommendations were to be returned by April 8 so that the Joint Powers Commission could consider them. In turn the JPC would formulete four alternatives to ha returnd to the cities, at which time Council could consider then,,. Councilman Berueld said he and Councilman Comstock wanted to make sure that alternatives 7 and 8 were not overlooked. ADDITIONS TO NOTION: Councilman Comstock moved, seconded by Bexrvald, that a reminder go to JPC that Palo Alto had recently adopted a Comprehensive Plan which spoke to the matter of treads in population growth which Council meted reflected in their comments about formulating JPC alternatives: 1) restate Council's September request to study the implications and effects of (a) local. expansion or contraction of employment and population growth rates and (b) continued development of separated employment ent and residential areas. 857 t..e,_.1 4/4/77 2) Transmit the adopted Comprehensive Plan so that the City's adopted policies are reflected in the Phase IV alternatives. 3) transmit local plans that have been prepared to meet anticipated water an wastewater needs by 1990. Mayor Norton asked if it was understood that those transmittals would be included in the communication to JPC. MOTION PASSED. The motion adopting staff recommendations about ABA:C/MTC to send to the Joint Powers Commission along with reminders on some points of emphasis in Palo Alto's Comprehensive Pian passed on a unanimous vote, Councilman Carey absent. Mayor Norton read from a letter from Councilman Carey stating his reasons for having removed this matter from the Consent Calendar: (a) While the agreement provides that :he County hold the City harmless, it does not provide chat it will defend the City or pay any attorneys' fees incurred by the City. It should do so; Mayor Norton asked City Attorney Booth of implicit in the phrase "hold harmless" was the understanding that defense costs were paid. Mr. Booth replied that the City was "more than willing" to do so; a memo to that effect was in the packet. Mayor Norton read further from Councilman Care s April 4 letter: (b) While the agreement states it is a license only and therefore terminable at will, I feel a specific provision should be made (method of notification and time to terminate, i.e., 30/60 days). Mr. Booth said that his office intended to include that along with provisions relating to sow of the sites. MOTION: Mayor Norton moved, seconded by Comstock, to granting license to Santa Clara Valley Water District of salinity monitoring =wells. The motion passed on a Councilmen Carey absent. AGREEMENT GATING LICENSE Santa Clara Valley Water District B.ESCHEDuLING OF i YLANDS :TASTER PLAN fl 4 APRIL TO APRIL 11 (CM: 223:7) �rYtArB®MYIYrY�.1..A I.O Y �A approve the agreement for installation unanimous vote, Mayor Norton read from Council Carey's April 4 letter: "The City staff's request to postpone the !caring from April h to April 11 is now probably moot, because it is obvious this matter cannot be beard until April 11 in any event." Mayor Norton concurred. MOTION: Mayor Norton moved, seconded by Comstock, that the discussion of the Raylands Master Plan be wed to April 11. The motion passed on s urAnt ous vote, Councilmen Carey absent. 858 4/4/17 DELETION OF FUNDS FOR AUBURN-FOLSOM DAM MOTION: Councilman Berwald introduced the following motion and moved, oeconded by Beahrs, its adoption by Council: RESOLUTION 5383 entitled "RESOLUTION OF THE CITY OF PALO ALTO SUPPORTING THE ALLOCATION OF FEDERAL FUNDS FOR THE COMPLETION OF THE AUBURN-FOLSOM DAM" Councilman Berwald indicated that the statement requiring that the safety question about the dam location and construction had to have been incorporated for him to feel free to vote on it. Councilman Sher sai- ae had thought he would vote "no", for the matter of the damn he felt was a complicated issue involving a question not within Councilmembers' jurisdiction. He said the short staff report did not give the full reasons of the Secretary of State, and Councilman Sher thought the State legislators were the proper people to act. He said he would abstain. Councilman Comstock said he would vote "no," reasoning that pressure of money already expended, with contingent money "waiting in the wings" put unfair pressure "on those who have to make judgments on the qualities of the area to withstand seismic stress." he did not wish to be a party to stampeding through some project. Councilman Eyerly eaid that the project was directly related to the cost of Central Valley Project (CVP) services. The dam had been approved by a previous administration along with considerable money having already been spent. lie said he would support the project with the qualifier of the safety factor. MOTION PASSED: The motion adopting the resolution to support the allocation of federal funds for the completion of Auburn - Folsom Dam passed on the following vote: AYES: Beahrs, Berwald, Clay, Eyerly, Norton NOES: Comstock ABSTAIN: Sher, Witherspoon ABSENT: Carey ST Oil C_OifNCII. N BEAWALD RE BL1GRTED AREAS IN OWN DISTRICT ...,rte., Councilman berwald said he had learned that Councilkan Eyerly also shared some of his concerns on blighted areas, MOTION: Councilman Berwald moved, seconded by Eyerly, that the items mentions in his March 31 memo be referred to staff for consideration and an informal report to the Council be prepared AS to what the situation is and what might be dope, short and long raw, to improve the block bounden by University, A1aaa, Lytton and High. Mayor Norton asked staff e a opinion on the practicability of the motion. 8 5 9 4/4/77 City Manager Sipel replied that the that there were some plans for a portion of the specified area. Time would be required to work out ideas and plans for the total area. He suggested staff send a metro about what is taking place in the area at the present with staff responding about where they would like to go from there. Councilman Berwald said that was hie intent. An ordinance in Wilmington, Delaware, had demonstrated interest in the same matter. Councilman Comstock said he would vote against the motion: Wilmington had much more intense signs of neglect than Palo Alto, and Palo Alto was still very high in price, and basically healthy. :de did not favor giving a progressive tax break to encourage renovation. Further, until he knew what propertyowuers in that area had in mind he did not favor putting the matter into committee or taking up staff time. Mr. Sipel said that Ms. Steinberg pointed out to him that one of the 140 programs in the Comprehensive Plan is to conduct atudies of E1 Camino, Midtown, the Circle Area and Downtown. That 140 -item assignment is now in committee to be discussed within the next Aonth or so toward the end of deciding which items ought to receive priority. The present item could be handled as part of that total motion. Councilwoman Witherspoon noted that the 140 -item plan was on page 39 of the Comprehensive Plan; she said she had seen recently th=tt a rather large project is coming through for The Circle. She said that made her think that perhaps Council should not give an additional assignment, for when it came to the Policy and Procedures Committee they could encourage staff to place a high priority on that area of University Avenue. Councilman Eyerly said the property on High and University had been given a demolition permit. The Roos Building was being assessed to see if it was structurally sound. If the owners did not rebuild the City would be in a position to demand that that property be cleaned up. Me said he supported the motion. Mayor Norton underlined that the motion included no notion of a tax break. MOTION PASSED: The motion to refer the block bounded by high, University, Alma and Lytton to staff for a report passt+d on the following vote: AYES: Feahrs, Berwald, Clay, Eyerly, Norton, Sher NOES: Comstock, Witherspoon ABSENT: Carey ST OF OUNCIiMAN SHEE RE :LCCT31C _RAZE REFUND REQUEST OF COUNCILMAN EMU RE U.S A BUi U OF RECLAMATION T OF VICE MAYOR CLAY AND COUNCILMAN CA&EY RE DISPOSITION OF ` Lail ELECTRIC OVIturiaff-aexiiliafto fof Icp sad Procodurss Ca ittee) . MOTION: Councilman Comstock moved, seconded by Berwald, that the above three items be considered together. The notion passed on a unanimous vote, Councilman Cares absent. Corrected See pg.919 g 6 0 4/4/77 Councilman Sher referred to his memo to Councilmembera on March 21 about the Electric Rate Refund. Disposition of the more than $2 million had not been determined. Staff had asked that the money not be refunded yet pending further developments on two major projects involving the City's power supply program. There had been no aeention of the acquisition of the Barron Park utility system, and Councilman Sher said he personally was anxious to acquire the PG&E system so that area could share in the same rate structure as other Palo Alto residents. The possibility of acquisition had to be dealt with whether or not the lawsuit had been settled in favor of consumers. He said he had felt the $2 million should have been refunded to consumers when the litigation was first settled, for the money did not belong to the City and therefore should not be "in the pee possxoiy worieng to influence undertakings by the City- He said he favored increasing rates in order to develop other projects, for that would be proper. Though the City cautioned against a possible "yo-yo" effect in the rates, to Councilman Sher that seemed the appropriate way to conduct the utility business. MOTION: Councilman Sher moved, seconded by Comstock, that staff be directed to present at the next following Council meeting a plan for repayment of the $2 million electric rate refund to electric utility users, the repayment to be made within a short period of time. Councilman Beahrs said many former consumers who had paid overcharges had now heft the area --did Councilman Sher suggest that others get the refun=i owing those who had left? Councilman Sher said that it was customary for the utility companies to return the overcharges by reducing current rates. There had been a parallel in a case involving overcharges at gasoline stations. Councilman Sher emphasized that in effect Councilmembeas were the Public Utilities Commission for Palo Alto and appropriate conduct was called for.. Councilman Eyerly said he was opposed to Councilman Sher's reasoning, and took the position that he wanted to hear how staff recommended the refund be used. He wanted to have staff iufors►atiou to better weigh the best usage of the refund. The costs of litigation in winning the refund had to be considered, as well as possible costs of litigation fighting the present Central Valley Project (CVP) rate case, along with expenses in searching long-range power aupp1ies. He said he thought the Palo Alto Times` interest in the case was forcing the decision, which he regretted. SUBSTITUTE MOTION: Councilman Eyerly moved, seconded by Beahrs, that the inquiry on how beat to use the electric utility refund be referred to the Finance and Public Works Committee requesting also a staff report on means of structuring a refund, along with a report on long range power supply and other item* mentioned above and in Mr. Eyerly's letter of Hatch 23, 1977. Vice Mayor Clay said he would withdraw the inquiry initiated by himself and Councilman Carey on the same matter. Mayor Norton said he thought the Palo Alto Times was wrong and the staff was right on the issue. The problems involved with the refund were minor but significant nonetheless. The matter of buying out PG&E in Barron Park had to be planned for, and he said be would vote for referral to committee. S 6 1 6/4/77 Councilman Berwald said that the implication that the refund might not be made was not true. On another matter, the charge by the Palo Alto Times was that the matter had "languished" in committee, and he feared that without specific information the public could construe that as irresponsible. The fact was that only three days following the granting of the funds the staff had sent Council a report (on January 27) and noted that when they had sufficient information they would ei'.bmit a more caauplete report. In the meantime the money was earning interest. He ea.id he would support the substitute motion. Council. -man Sher responded to Councilman Berwald: the funds had not been caused to "languish" but the manner of disbursing them had nut yet been dealt with; so far as facts were concerned the paramount fact was that the money belonged not to the City but to those who had been over charged, the City should just be a repository and a conduit to retuning the funds --had the rates not been reduced that money could have been earning coney for future projects; Ed Aghjayan had not reported on acquiring the PG&E services for Barron Park, Councilman Sher said, and he asked Mr. Aghjayan if he Was considering using the $2 million_ for acquisition. Mr. Aghjayan anewered that the Utilities Department would like to use the money to purchase the Barron Park electrical system. Councilman Sher asked if purchase of the Barron Park system was not being worked on before the results of the litigation. Ir. Aghjayan agreed staff had been working on it since the annexation of Barron Park, and initially they had hoped to complete something within 1 to 3 years, At the present there ware substantive differences between PG&E arses' Palo Alto. Palo Alto had counteroffered PC&E' fs original offer and they were waiting to hear from them. Should there be an impasse Palo Alto had acme options on paper. Some ways to pay for the Barron Park system were to raise rates or pass a revenue bond or use money already in the treasury. Councilman Sher said Mr. Aghjayan's comments had not been as clear in the report; sentiment appeared to be against his motion. Barron Park residents wanted to get the same favorable utility rates other Palo Alto residents were getting. He said the motion to refer to committee was redundant for the matter of use of the funds was already in committee: his motion was to bring the natter out of committee. Councilman Eyerly said the context of his motion was to retain the subject is committee and to have staff provide additional information. SUBSTITUTE MOTION PASSED: The substitute motion to retain the utility refund matter in the Finance and Public Works Committee while additional. information was gathered passed on the following vote: AYES: fseahrs, Berwald, Clay, Eyerly, Horton, Wi.thersroon NOES: Comstock, Sher ABSENT: Carey 861 4/4/77 WITHDRAWAL FROM NORTHERN CALIFORNIA POWER ASSOCIATION DEVELOPMENT FUND Mayor Norton announced that during Executive Session the Cour}cil had voted to authorize the Council's Northern Califorpia Payer Association (NCPA) representative to withdraw the City°s expression of interest in joining the current NCPA development fund and to express the City's position that the development fund be limited to the two current projects and that subsequent projects be made available to all NCPA members. Mr. Aghjayan, the City's Director of Utilities, could give further details to anyone interested. PERSONNEL COMMITTEE TO REVIEW Mayor Norton repeated his announcement first made during the meeting of the previous week that a Personnel Committee had been formed consisting of Councilmembers Berwald, Eyerly, Witherspoon, and this Committee would work on evaluation of Council Appointed Officers. ORAL COMMUNICATIONS Joyce Fishman, 180 Emerson Street, asked Council to recor,sfder its decision permitting the construction of a garage at 101 Alma. She said that a petition had been hastily drafted when interested people learned it was po sible that on a resubmission of the matter it could be reconsidered. She read the protest contained in the petition which had been signed by 100 people, all but four of whom were nearby residents, giving their reasons for asking Council to reconsider. Councilman Comstock said that he had told Ms. Fishman earlier in the evening when she called hie at home that it was possible that a motion to reconsider could be initiated by someone who had been on the prevailing side of the vote deciding to permit the building of the garage. Irwin Talboy, 124 Emerson Street, agreed with ell Ms. Fishman had said. he referred to his opinion that Councilman Carey's real estate concerns constituted a conflict of interest so far as his ability to vote on s matter concerning 101 Alma. Councilman Beahra called for City Attorney Booth to sake ae ruling on Councilman Carey's putative conflict of interest. Mr. Booth said that if Councilmen Carey's firm handled listings from time to time for condominium units that might become available at 101 Alma it did net consitute a conflict of interest. !3e affirmed that Councilman Carey had been quite sensitive to the possibility of such conflict, Councilman Berwald said that in his opinion the matter of Councilman Cirey' a possible conflict of interest had been answered satiafacto He said he personally was aetiaafisd on the matter of Council Carey's and other Couxicilaeswbers' integrity, until evidence clsarly in contradiction was presented. He added that he had voted against building the 863 4/4/77 garage, though he respected the majority ruling ors the scatter. Structural changes along the lines he had himself suggested could be made, which he thought would afford more light and air should Councilmembers wish to reintroduce the matter. ADJOURNMENT MOTION: Mayer Norton moved, seconded by Witherspoon, that Council adjourn. The motion passed on a unanimous vote, Councilman Carey absent. The adjourned meeting of March 28, 1977, adjourned at 11:30 p.m. (Councilman Comstock left at 11:30 p.m.) April 4, 1977 Regular Meeting The City Council of the City of Palo Alto met on this date at 11:30 p.m. with Mayor Norton presiding. PRESENT: Beahrs, Berwald, Clay, Eyerly, Norton, Sher, Witherspoon ABSENT: Carey, Comstock MIKES OF ARCh 74 1977 AND kE'•,C}i 8 1977 MOTaN: Cou»cilman Berwald moved, seconded by Beahrs, that the minutes of March 7 and March 8 be approved as read. The motion passed on a unanimous vote, CouncilmembersCarey and Comstock absent. CONSENT CALENDAR --REFERRAL ITEMS RECOMMENDED 1977-78 BUDGET --REFERRAL TO Staff recommends referral of the 1977-78 Budget to the Finance and Public Works Committee. ROPOSAL FOR 1976-77 FINANCIAL AUDIT -- IV CONTRACT TO FIi"AI�CE colour= MOTION: Councilman Beahrs armed, seconded by Eyerly, that the referral of proposed contract with lather Andersen 4 Company for 1976-77 Audit to Finance and Public Works Committee be approved. The motion peaaad on a unanimous vote, Crnarcilmembets Carey and Comstock absent. OE*lSEhT CALF - ACTIUdg IVES S ILVA AVENUE S I LVA COURT (Q�;224:7) RESOLUTION NO. 5834 entitled " A RE SOLUT I ON AWARDING SALE OF BONDS" 864 4/4/77 RESOLUTION NAMING ELECTION OFFICERS ���E 1r; A1. �I IC IP ET.E yT IO�i MAY 10 1977 r.�sr>r•ris�rr rr>rr RESOLUTION NO. 5385 entitled UKESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO NAMING ELECTION OFFICERS, DESIGNATING PRECINCT AND CENTRAL COUNTING PLACE FOR THE GENERAL MUNICIPAL ELECTION TO BE L{ELD MAY 10, 1977" COUNT' ROAD FINANCING FROJECTla (CMR:228:7) .r�rr.�.r rornu.oron Staff recommends that Council authorize the staff and the Council's representative to the County Transportation Commission to relay the responses contained in CMR:228:7 and comments on the five policy questions to the County Transportation Commission for its consideration in develop- ing recommendations to the County. Board of Supervisors. PARAMEDIC TRAINING WITH STANFORD HOSPITAL (CMR:253:7) AGREEMENT FOR PARAMEDIC TRAINING BETWEEN STANFORD U'N'IVERSITY HOSPITAL AND CITY OF PALO ALTO FIRE DEPARTMENT MOTION: Councilman Beahus moved, seconded by Eyerly, that items on the consent calendar be approved. The motion passed on a unanimous vote, Counci.imembers Carey and Comstock absent. RETIREMENT OF ROBERT E. KAU R MOTION: Councilwoman Witherspoon introduced the following resolution and moved, seconded by Beahrs, its adoption by Council: RESOLUTION 5386 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO ROBERT E. MUER UPON HIS RETIREMINT. MOTION PASSED: The motion passed on a unanimous vote, Councilmembers Carey and Comstock absent. RETIREMENT OF EM NUEL WHITE MOTION: Councilwoman Witherspoon introduced the following resolution and moved, seconded by Baehr*, its adoption by Council: RESOLUTION 5387 entitled "A RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO EMANUEL MITE UPON HIS RETIRE." LION PASSED: :lw notion passed on a unanimous vote, Councilmembers Corey and Comstock absent. STATE OF THE CITY MESSAGE Mayor Norton announced that. George Sipel, City Manager, had notified him that he would postpone his "State of the City" message to April 18, 1977. 6 5 4/4/77 ' L) PUBLIC HEARING: RESOLUTION DECLARING WLEDS A NUISANCE Mayor Norton read an ennouncement by Alan B. Carder, Fire Merahai, of Santa Clara County notifying propertyownere that weeds permitted to grow on their property would be removed at their expense with the cost constituting a lien upon their property until paid. Councilman Sher asked for some background on the weed abatement program and also whether or not the use of pesticides was contemplated. Charles Walker, Assistant City Manager, replied that two weeks ago the City of Pala Alto approved the contract for weed abatement with the County Fire Marshal's office, with .the County administering the weed abatement program in Palo Alto. At that time Council directed etaf€ to exclude the uaa of chemical pesticides. There being no epeekera from the public Mayor Norton declared the public hearing cloeed. He asked that the record show that there had been no written or oral objections to the program. MOTION: Councilman Bestirs introduced the following resolution and moved, seconded by Witherspoon, its adoption by Council. RESOLUTION 5358 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING WEED NUISANCE ABATED." MOTION PASSED: The motion adopting the weed abatement resolution passed on a unanimous vote, Councilmembers Carey and Comstock absent. WATER RATIONING PLC (O R:23l :7) MOTION: Vice Mayoz Clay moved, seconded by Norton, that the matter of water rationing be continued to April 18. City Manager George Sipel observed that both the Baylands and the Senior Center were scheduled for consideration at the April 11 meeting. Mayor Dorton proposed that discussion of Baylands take place on April 11 and discussion of the Senior Center take place April 18. Councilman Sher asked if all discussion of spoils from dredging was to be excluded from Baylands discussion. Mayor Norton said that Council had agreed not to take any action about dredging until. Jura, so that would limit discussion. Councilman Sher acknowledged that discussion an the airport and the levee would take considerable time. Councilman Berwe.ld said that postponing discussion on the Senior Cater gave an unwelcome interruption to their fund—raising drive. He said that there was likelihood that the seniors' considerations could be dealt with in leas than an hour. Councilsan Sher suggested that items for discussion at neat wk's meting be set for "time certain," with, for example, discussion of the Bay1aoda at 7:30 p.a. with a time limit permitting the discussion of the senior canter at 9:30 p.m. 844 4/4/77 Councilwoman Witherspoon said that before the entire discussion of water rationing waa continued the City Manager had requested that the resolution eatablishisig a water rationing program be passed so that he could stop the issuance of swimming pool permits and other obvious wasteful uses of water. Ed Aghjayau said that the wain concern, should Council not pans the ordinance tonight, concerned permits for swimming pools, for the City had received a rash of applications in anticiplktion of possible restrictions. Now that "the cat is out of the bag" dozens more applications could be filed. The ordinance could always be rescinded, he explained. Vice Mayor Clay said continuing with the installation of pools was all right, it was filling them with water tb.at gave the difficulties. Councilman Sher asked if the San Francisco Public Utilities Commission had not required the adoption of a rationing plan. Mr.. Aghjayan said San Francisco had required that Palo Alto adhere to their plan, which waa to reduce Palo Alto's consumption to 75 percent for the last calendar year. Palo Alto still had the option of adopting or not adopting the plan That goal of 15 percent of usage vas being met on a voluntary basis which tonic away the urgency, so that two weeks was not very vital; in the long run roue formal plan would have to be adopted, however. Mayor Norton said the stringent conservation measures were scheduled for June --he favored withholding permits for swimming pools immediately. City Attorney Booth corrected paragraph 5 of the ordinance, changthg "surface" to "service" and noted that in paragraph 3 of section I the sixth word should be "nor," not "for." Jean Slocum, 1990 Cowper, commented that though many activities that used water wastefully had to be discontinued she felt some cases needed review. She said that unless people wanted to follow an ordinance the ordinance was unenforceable. She favored the delay of the discussion en water rationing for two weeks. Jerry Ziller, 1702 El Camino Real, Menlo Park, said he was a swimming pool contractor. He favored continuing the discussion on eater rationing for two weeks, and he stated that if government kept the swimming pool construction industry alive the swimming pool contractors would provide the water, that cater not to come from: the natural distribution system. Vice Mayor Clay commented that many of the suggestions for water conservation could be modified according to circumstances of the person and that person's envirore . He favored a two—week continuance. Councilman Eyerly said that the ordinance could be adopted and amended as needed. MOTION PAILS: The motion to move discussion of the entire matter of water rationing ahead to April 18 failed on the following vote: AYES: bashrss, C2cy, 8erwaid NOES: Eyerly, Norton, Sher, Witherspoon ABSENT: Carey, Comstock MOTION: Councilman Eyerly sieved, seconded by Mehra, that the staff recommeedation on the matter of water rationing be continued for two weeks, but that the ordinance establishing a water rationing program be 8 6 7 4%4/77 passed that evening, with a change in parr*graph 3 of section I to read "No water connection shall be made, permitted o: approved, for new swimming pools, hot tubs, outdoor fish ponds, or similar fixtures or installations." GRDLNANCE OF THE COUNCIL Or THE CIT7t OF PALO ALTO ESTABLISHING A WATER RATIONING PROGRAM AND DECLARING AN EMERGENCY Ed Aghjayan said that swimming pools, while they were still permitted for building only, would rise from the ground if they were not filled with water. Therefore, builders of new swimming pools would be granted enough water to fill theta. He preferred, therefore, that permits to build them be withheld. Jerry Zilier revealed that included with the building procedure of a swimming pool was the inclusion of a "weephoie," which permitted underground water, the cause of the pressure, to enter the pool and stabilize ite position. Mayor Norton asked if Councilmen Eyerly's motion would change the present circumstance which was that any pool now under coat action could be completed and filled with water. Councilman Eyerly said that was ttot the i; tent of his amendment, but than for pools built iii the future water connections would not be allowed. Those who have already obtained pool permits can continue, in the future new applicants could build but could not connect to the water system. Councilman Sher noted that that would not prevent an owner from filling his pool with p hose. He appealed for a way to vote for the ordinance as proposed by the staff. Couucilmau Eyerly said his motion was to continue the staff recommendations for two weeks, but to approve the ordinance. Mayor Norton said the water rationing ordinance had been proposed as an emergency. AMENDMENT: Councilman Sher moved changing the last part of the ordinance to reinstate subsection 3 under section 1 to read as it was proposed by the staff. The motion failed for lack of as second. Councilmen Sher suggested dividing the motion into two parts: the first for the continu' ncm, the second for the passage of the ordinance. Ma said that at the appropriate time he would like to aid the ordinance —he could do that more easily if the motion were divided. Mayor Norton said that first Council would vote on continuation of the so-called rationing recommendation by staff, for two weeks. That would leave for the second motion the ordinance as modified by Councilman Eyerly. MOTION PASSED: The motion to continue the so-tcal1ed water rationing ordinance for two weeks carried unanimously, Councilmen Carey and Cematock absent. hla'or Norton said the second basif of the motion vas before Council, which was the ordinance, changing sub -paragraph 3 of section I to prohibit the filling of outmode* pools from the 3fueicipal ulster system as distinguished from issuing permits for the construction of pools. 86$ 4/4/77 AMENDMENT: Councilman Sher moved that the words recommended by staff be used in sub -paragraph 3, section I, rather than those words suggested by Councilman Eyerly, that is "No applications shall be accepted nor any permit..." etc. Mayor Norton said that Councilman Sher's objective could be reached by voting against the motion to amend the ordinance. Councilman Sher said that would put him in an awkward position because he would take Councilman Eyerly's motion as second beet, yet he himself wanted to have Council accept the staff recommendation. He said he would follow the Mayor's suggestion. Mayor Norton said that technically speaking someone should have offered the ordinance, then amendments could have followed. He said that if Councilmembers did not want Councilman Eyerly's approach he would then concur with Councilman Sher's suggestion. He reminded Council that the ordinance as modified by Councilman Eyerly was before Council. Councilman Sher said he would vote for the motion containing Councilman Eyerly's amendment because he felt his vote was needed. Mayor Norton said he was voting against the Eyerly amendment. Councilman Berwald asked to have clarified if the notion before them meant that a person could fill a pool with a garden hese. Hearing that the ration if enacted would permit that he said he wanted to offer another amendment. Mayor Norton said an amendment was already before Council. SECOND HALF OF MOTION INTEODUCING THE WATER RATIONING ORDINANCE WITH THE EXERLY AMINDKENT FAILS: The second half of the motion failed or.4 the following vote: AYES: Beahrs, Eyerly, Witherspoon NOES: Berwald, Clay, Morton, Sher ABSENT: Carey, Comstock MOTION: Councilman Sher introduced the following ordinance and "moved, seconded by Witherspoon, that it be adapted by Council: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING A WATER RATIONING PROGRAM AMENDMENT: Councilman Berwald awed, seconded by Eyerly, that section 1, sub -paragraph 3 have deleted the words "No application shall be accepted and " and insert the words, "No connections shall be permitted or approved." He said that wee the Eyerly motion. He then said he would take out the last two lines and substitute "None of the above shall be filled with fresh water trove hoses or use of water directly from faucets or other outlets." Mayor Dorton suggested saying "...water from the Municipal water system." Councilman Berwald explained that he was using the language from 4 to be consistent with the language "on sidewalks, walkways, driveways, parking lets" and so on. 869 4/4/77 611 AMENDMENT FAILED: The language changes proposed by Councilman Bervald for the water rationing ordinance failed on the following vote: AYES: Berwald, Eyerly, Witherspoon NOES: Beahrs, Clay, Norton, Sher ABSENT: Carey, Comstock SECOND HALF OF MAIN MOTION (as divided by Mayor Norton) PASSED: The motion introduced the following ordinace for first reading: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING A WATER RATIONING PROGRAM Passed on the following vote: AYES: Beahrs, Eyerly, Norton, Sher, Witherspoon NOES: Clay, Ber-wald ABSENT: Carey, Comstock Mayor Norton explained that there wa.s now an ordinance but it was not are emergency. The ordinance was deemed to be first reading, with the second reading to occur ou April 18. In the meantime, the construction of swimming ring pools was prohibited. Councilman Berwald asked how such construction could be stopped. Re said he thought it might be good to sort of informally instruct the ataf f on how to forestall swimming pool construction. Mayor Norton said it would be up to the staff to work out their own method. *'! EST OP CO€ NCILMAN BP.RWALD RE PRDCESS OF ANDS. ate. '; , . i ,Of COUN L MOTION: Councilman Eerwald, seconded by Eyerly, moved that the subject be continued for two weeks. The motion passed on a unanimous vote, Couz cilmei bery Carey and Comstock absent. MINERAL DEPOSITS IN SERE SLOE Mayor Norton read a note from Councilman Comstock saying "If there's any gold in them thar sewage plant deposits they ought to be called the "Comstock Lade'..." ORAL COMMUNICATIONS 1 None ADJOURNMENT MOTION; Councilman Beare moved, seconded by Clay, that the meeting be adjourned. 8 7 0 4/4/11 The motion passed on a unanimous vote, Councilmembera Carey and Comstock absent. The Council meeting adjourned at 12:12 a.m. 871 4/4/77