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HomeMy WebLinkAbout1977-05-02 City Council Summary Minutes1 Regular Meeting - May 2, 1971 ITEM PAGE Minutes of March 28, 1977 9 1 9 Minutes of Adjourned Meeting of March 28, 1977 9 1 9 Minutes of April 4, 1977 9 1 9 Oral Communications 9 1 9 Consent Calendar - Action Items Loral Agency Investment Fund 9 2 1 University Avenue Off -Street Assessment District, Project 75-63 Call for Bids on Sale of Bonds 9 2 1 Park Dedication of Bol Park and Adjoining Property 9 2 1 Vacation of Public Utilities Easemeat - 573 Center 9 2 2 California County Road and City Street Program 1972-17 9 2 2 Golf Course Reconstruction: Award of Consultant Contract 9 2 2 Policy and Procedures Committee re Fire Zone 1 Categorization in Downtown Are. 9 2 2 Policy and Procedures Committee re Processing Bsf.lding/Zoni€ng Applications 9 2 2 Lease - Senior Coordinating Council of the Palo Alto Area., Inc. 9 2 2 Bonds - Title 13 923 Report of City Attorney re Site and Design Applications 9 2 3 Retireesent of Frank J. Herron 9 2 3 Retirement of Paul i. Callejo 9 2 3 Retirement of Peter T. Grimes 9 2 4 Public Hearing: Amendment to Comprehensive Plan 9 2 4 Policy end Procedures Committee re PACE Target Area 9 2 5 Building axed Zoning Codes; Response to J.R. Whestiey's Letter 9 2 8 hoposed Ordinance to Add Certain •Sections to Palo alto Municipal Code to Regulate Mechanical Amusement Devices 9 2 9 Staff Increase for Water Reclamation Plant Operation 9 3 1 Award of Contract: Demolition of Webster Block 9 3 3 Artic Gas Project 9 3 7 Request of Mayor Morton re San Felipe Project --May Bond Issue 9 3 8 Request of Mayor Morton re Palo Alto Adolescent Serviceo Corp. 9 4 2 Councilman Sher re Community Theater 9 4 3 Councilmen Carey re 101 Alm _ - AR3 Decision 9 4 5 Cancellation c of May 9, 1977 Council Meeting 9 4 6 'Adjournment 9 4 6 91S 5/2/77 Regular Meeting May 2, 1977 The City Council of the City of Palo Alto mat on this date at 7:35 p.a. km a3 regular meeting with Mayor Norton presiding. PRESENT: Sas:hre, Aervald, Carey, Eyerly, Norton, Sher, Witherspoon Clay, Comstock ABSENT: MINUTES OF MARCH 28,J______977 Councilwoman Witherspoon asked that an page 825, second line from the bottom, the word "towerd" be deleted and "similar to" put in its place, so that the sentence read: "Councilwoman Witherspoon said that she preferred that any money be program oriented, similar to the Rental Housing Mediation Tack Force ( TF) ...." She asked that on page 835, fifth paragraph from the bottom, the second line, the word "some" be deleted end replaced by the word "minimal" so that the phrase read, "...minimal encroachment." She referred to corrections included in CKR:282:7 from Naphtali Knox of the Plsrning Department for March 28, 1977, and asked that these be included. NUT/ON: Councilwoman Witherspoon moved, seconded by Norton, that the minutes of March 28, 1977, be approved as corrected. The motion passed on a ++nanimoua vote, Councilaembers Clay and Comstock absent. MINUTES OF ADJOURNED MEETING OF MARCH 28 1977 Councilwoman Witherspoon asked that in the =ifth paragraph, first line, the words "140 -item plan" be deleted and replaced with "the program mentioned" so that the phrase read: "Councilwoman Witherspoon noted that the program mentioned was on page 39..." MOTION: Councilwoman Witherspoon moved, seconded by Norton, that the minutes of the adjourned meeting of March 28, 1977, be approved as corrected. motion passed on a unanimous vote, Councilmembera Clay and Comstock absent. OF AFLIL 4 MOT/OM: Mayor Norton moved, seconded by Bervald, that the minute* of April 4, 1977, be approved as read. The notion pawed on as unanimous vote, Councilmembers Clay and Comstock absent. ORAL IC1 XIO S I. Gladys E. Woodbame, 601 Melville, spoke about the project on Cam, Middlefield, Addison and Webster Streets. She semtioned time "ambiguity" of tearing down loo -cost single family homes in order to build City -financed low -coat housing. Waste of materials in good, usable housing being torn dawn wads has resent the spoliation of natural resources by this "Who, es?" era. She projected some before -after pictures of 919 5/2/77 what she termed "rehabilitative" housing, one house hawing been built in 1857. The houses had been "low-income houaivg" in their day. She expressed strong emotion about spending $17,500 to demolish buildings with nothing to show for it, and said she believed that had a statement been made by the City that the houses were available they would have been bought and rived and rehabilitated. She said the project that was going to take the apace was worthwhile. She introduced Russell Tapscott, a man who could have used one of those houses being torn down, for he had an acre lot only three blocks away. 2. Russell Tapscott, 938 Addison, asid he would like to look over the houses before he decided if he could use one or more of them on his lot. 3. Alison Lee, 1241 Barker, appeared an behalf of actors at the unity Ibeater. They bad been invited to speak by aE Co mci.3.aeaecber, she said. The job of director at the Community Theater had to be clearly defined as artistic aging director, and "may a working professional could provide the kind of leadership and continuity necessary to coordinate the rich variety of performing groups working out of the Community Theater." The point had been emphasized by a Citizen's Committee for Choosing a Director at the tie the Directcr was hired, yet the City had insisted, oho said, that the job had to be a tsanage>se.nt position; ever since problems had cantered around the difference in interpreting the duties or the job. She presented a prcpoeei for defin- ing the dutiea of the job. In that proposal was the suggest- ion that an administrative assistant be hired to take care of the routine but complex paperwork and the like. The Comity Theater was about to complete its 46th 'meson. On its 50th anniversary, rrhe said, she wanted the organ- izatton to be strong and happy. 4. Evelyn Talboy, 124 Eraereou Street, represented the Creek - side Residents. She pointed out the Architecturae.l Review Board report declining to approve the parking deck at 101 Alma, which was in Councilmembere packets. She saa1s1 a petition with 1286 signatures which bad been secured within 13 days had been termed in April 27 and was uov being checked for validation. 5. Richard Oliver, los 2805. ate Clara., represented Dividend Ianat>sastries, who had a peat to build town hoses on what was tha Mialrorlamher site. The permit had been issued the third week in April. am d two weeks Later a sub -contractor to install a mooing pool at that site had been denied e permit occording to the City ordinance on water conservation. The P -C plan required that they put in a pool, as well as the landscaping around the pool, along with a stucco fence. Be asked for ciarificetton from the Council, and wondered if the pool could be installed in the 30 -day interim period while they waited for the ordismace to become effective. He said he under stood that tber a wear only one other P -C permit pending which meant that permission to Dividend Industries to construct a pool would not be setting precedent. Councilman iysrly asked lam. Oliver if be would not fill the pool with water if he were given a permit to coeatruct the pool. Nr. Oliver said his would agree not to fill the pool. al 2 0 5/2/7►7 CANCELLATION OP POLICY AND PROCEDURES MEETING MAY 3 Mayor Norton said that the Policy and Procedures Committee meeting of May 3 Mould be cancelled due to the lack of a quorum. CONSENT CALENDAR Referral Items None Action Its Councilman Sher asked that the item regarding the Arctic Gas project (Item 2) be removed from the Consent Calendar. Councilman f►eahrs asked that the item concerning contract ward for the demolition of houses on Webster Block (Item 4) he removed. Councilman Carey asked that the matter of the ordinance regulating mechanical amusement devices (Item 8) be removed. The following items remained on the Consent Cslendar---Action Items: LOLL AGF ICY fl ESThEN FiJNND (cHR: x50: j Q�®IRYYYYrH6xfYI�LIr�fYYli!�fYiYYIFIII�YCIb� .W% ��iYY�YYrYYY[N�YYI IY�O Staff recommends that the City Council pass the following resolution authorizing the investment of City monied in the Local Agency Invest- ment Fund. RESOLUTION 5394 entitled " RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZINGINVESTMDIT OF CITY MONIES IN LOCAL AGENCY INVESTMENT FUND." AVENUE 0 -SStt ASSESSMENT DISTRICT PROJECT No. 75-63 BID. sAi.E CIS: 64 : 7) Staff recommends that Council approve the following resolutions: RESOLUTION 5395 entitled "A RESOLUTION PROVIDING FOR ISSUANCE OF BONDS AND DIRECTING THE LIB OP ANNUAL ASSESSMENTS TC PAY THE PRINCIPAL AND INTEREST T ." RESOLUTION 5396 entitled "A RESOLUTION APP PING NOTICE OF SALE AND OFFICIAL STATEMENTS ZING AND DIRECT/NG CAIN ACTIONS IIITH RESPECTTHERETO." RESOLUTION 5397 entitled "A RESOLUTION CALLING FOR BIDS OM SALE or /MOVEMENT BONDS." PARE DEDICATION OP BOL PAS ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 22.06 (PAR DEDICATIONS) OF THE PALO ALTO MUNICIPAL CODE BY ADDING SECTION 2.2.06.035 BOI. PARR) (First iag) 921 5/2/77 VACATION OF PUBLIC UTILITIES EA3P.ZiENT-- Canter CiR: 3:7) Y.1frYYlYB.d1�'�Y�.I.IYay.I�.tlili�wwYi RYC �YOi� Stuff recommends that Council adopt the following resolution of vacation: RESOLUTION 5398 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE VACATION OF A CERTAIN PUBLIC UTILITIES EASEMENT IN LOT 17, BLOCK 117, CRESCENT PART: SUBDIVISION." CALIFORNIA COUNTY ROAD AND Staff recommends that Council approve the following resolution: RESOLUTION 5399 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING CITY REPORT TO CALTEANS REGARDING CITY'S ROAD AND STREET SYSTFA." GOLF COURSE RECONSTRUCTION: AWARD OF CONSULT �tNT GYFN`iRACT (M:27G:7 Staff recommends that Council approve the contract with Robert Trent Jones, of California Inc., for design work on the golf course. AGREEMENT -PROFESSIONAL CONSULTANT SERVICES Golf Course Improvements Palo Alto Municipal Golf Course, Project 76-36, Robert Trent Jones of California, Inc. POLICY AND PROCEDURES COMMITTEE RECOMMENDS THAT COUNCIL NOT CHANGE FIRE ZONE I IN DOWNTOWN AREA CATEGORIZATION The Policy and • Procedures Committee recommends, re Relevancy of the Fire Zone I categorization in the Downtown Area, in light of the fifty -foot height limit, that Council accept the staff recommendation not to change Fire Zone I categorization. POLICY AND PROCEDURES CCMMITTEE ADVIS I$G BUILDING ZOO APPLICAT The Policy and Procedures Committee adviees, re adequacy of current City procedures with respect to processing building/ Zoning applications and/or requests, that it has reviewed the staff report on permit procedures and recommends to Council that no change ba made at this tire, but requests that staff review procedures and cake any Adelr+i strat ive improvements paseible and then recommend to Council any areas where there might be improvements requiring legislative action. EASS�E��--��SENIOR � COORDINATING COOK 0 THE PALO ALTO AREA nix Y 44'8Yk n r 7 Staff recommends that the City Council 1) approve the lease between the City and the Senior Coordinating Council far use of the 01d Police/Fire building as a senior center, and authorises the mayor to execute the document; 2) approve the Environmpntal Impact Aunt, because -the impact of this project upon the environment is minimal and acceptable. 922 5/2/71 LEASE - SENIOR COORDINATING COUNCIL OF THE PALO ALTO AREA, INC. BONDS -- TITLE 13 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 13.16.130(f) OF THE PALO ALTO MUNICIPAL CODE RELATING TO SPECIAL ASSESSMENT Airy ASSESSMENT BOND PROCEDURES (First reading) REkORT OF THE CIT`l ,Al'S0 'EY •i�il/����.�Y11.�i���1�1 Y�ii+ SITE AND DESIGN APPLICATIONS_ ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 16.48 OF THE PALO ALTO MUNICIPAL CODE TO MODIFY THE SEQUENCE OF REVIEW FOR SITE AND DESIGN APPLICATIONS AND TO MOD/FY REVIEW STANDARDS RELATING TO LANDSCAPING (First rending) MOTION: Councilwoman Witherspoon moved, seconded by Norton, that Council approve the ordinances, adopt the resolutions, and accept the reca ndationa of staff. The motion passed on a unanimous vote, Council tubers Clay and Comstock absent. RETIREMENT OF FRANK J. HERROiN (t R:236:7) MOTION: Mayor Norton introduced the following reao1ution and, seconded by Beahra, moved its adoption by Council: RESOLUTION 5400 entitled "RESOLUTION OF THE COUNCIL OF THE CITY 0'? PALO ALTO EXPRESSING APPRECIATION TO FRANK J. HERRON UPON HIS RET IP ENT " MOTION PASSED: The motion passed on a unanimous °vote, Co`anci1 a hers Clay and Comstock absent. George Sipel, City wager, said that Frank Herron had been an employee of the City for Twenty-five years. Mr. Herron's concern for animals led to his transfer to the Animal Services Division, from the Parks ,epertment, even though that had mint a reduction in salary. He plated to spend such of his retirement traveling. RETI.REMIN T 3l' PAUL M. CAL LEJO (CMR:257 : 7 ) MOTION: Mayor Norton introduced the following resolution and, seconded by Derwa 1.d , moved its adoption by Counc ii : RESOLUTION 5401 entitled wazsounue OF TIDE COUNCIL OF THE CITE OF PALO ALTO EXPRESSING APPRECIATION TO PAUL H. CA trip UPON HIS RETIREMENT." MOTION PASSED: The motion passed on a unanimous vote, Councilmembers Clay and Comstock absent. Sernard Pawloski, Director of Public Works, said that Mt. Callejo had worked for the City o:! Palo Alto for twenty-four years. Hs was a stilled sports fisherman, and votkld spend much of his retirement time seeking challenging fishing areas. 9 2 3 5/2/77 RETIKEMENT OF PETER T. GRIMES (CMR:258:7) e MOTION: Mayor Norton introduced the following resolution and seconded by Eyerly, moved its adoption by Council: RESOLUTION 5402 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO PETE& T. GRIDS UPON HIS RETIREMENT." Bernard L. Pawloaki wrote that Peter Grimes had retired from City service after ten years, his most recent assignment being dump truck operator. His fellow workers would miss his humor. MOTION PASSED: The motion passed on a unanimous vote, Council.members Clay and Comstock absent. PUBLIC HEARING: AMENDMENT TO COMPREHENSIVE PLAN (CMR : 2 7 2 : 7 ) Mayor Norton said "This is the time and place set for the hearing on an ant to the Comprehensive Plan of the City of Palo Alto. Let the record show that the P1snning Commission held a public hearing on the amendment on March 30, 1977, and has reported to the City Council recommending in favor of the amendment. Let the record show that notice of the time and place of this hearing has been published and given in the manner provided by the law. The hearing is declared open." The planning Commission by a vote of 5-0 recommends amendment of the Comprehensive Plan (Land Use Plan) from a single family to multiple family residential at both corners of Lytton and Byron. Robert W. Hedearie, 89 Virginia Lane, Atherton, owner of the property at 633 and 649 Lytton Avenue, recalled to Council that the properties had originally been zoned multi -family and then down -zoned in the revised Comprehennive Plan. All the requisite building permits had been obtained and construction had begun on multi -family buildings with solar heating. Mr. Medearis asked that Council approve the return to multiple -fancily zoning. MOTION: Councilman Bervald moved, seconded by Witherspoon, that the Public Hearing be closed. The motion passed unanimously, Couacilmembere Clay and Comstock absent. NOTION: Councilman Sher introduced the following resolution and, seconded by Buhr*, moved its adoption by the Council: RESOLUTION 5403 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE COMPREHENSIVE PLAN BY MIXING THE LAND USL' DESIGNATION OF PROPERTY GENERALLY INOWN AS 633 and 649 LYT°TON AVENUE FROM SINGLE FAMILY RESIDENTIAL TO MULTIPLE FAMILY RESIDENTAL." NOTION PASSED: The motion to adopt the resolution passed on a unanimous vote, Councilmembers Clay and Comstock absant . NOTION: Councilman Sher introduced the following ordinance and moved its approval by Council for first reading: ORDINANCE OF THE COUNCIL OF THE CI17 OF PALO ALTO AMENDING ORDINANCE 2958 BY REMOVING FROM THE OPTION OF THE MORATORIUM IMPOSED TIMMY Y TAE PROPERTY COMMONLY ENOWN AS 633 and 649 LYT ON AVENUE 924 512/77 MOTION PASSED: The ordinance was approved for first reading on a unanimous vote, Councilmembers Clay and Comstock absent. THE POLICY AND PROCLDURES COMMITTEE RECOMMENDATIONS WITErr CtM'WNITT l i.D CARE _ PACCC� TARGET AREA 33:7) (CMR : 2 7 7 : 7 ) Alec Andrus, administrator, Social and Community Services, said that the Policy and Procedures Committee had reviewed the changes proposed by the Palo Alto Child Care Center (PACCC) for the coming year. PACCC proposed to change from "provider" to that of overseer of a voucher system in which child care services would be purchased. The rapid shift to reudor system had been reviewed by Policy and Pro- cedures, and as a consequence PACCC had decided to trove more slowly, thus retaining and operating their centers while at the same time designating a substantial portion of their 1977-78 budget to be used in a vendor system. The Staff recommended Council support of PACCC's proposal as a way to improve flexibility and sensitivity to community needs. Councilwoman Witherspoon asked if Mr. Andrus had obtained from Santa Clara County any Indication that the county would support such a program. Mir. Andrus replied that the county had approved that PACCC spend the county honey in the present fiscal year that had already ben all- ocated to them, so that. the county was only committed through the end of September. MOTION: Councilwoman Witherspoon, on behalf of the Policy and Procedures Committee, recommends to the City Council re Palo Alto Community Child Care (PACCC) that A) Council approve the program in concept and that prior to the time Council considers the matter, the following things be done: a list drawn up giving specific benefits and disadvantages of the proposed change for both the City and PACCC; comparative data relative to the budget be provided, including data on unit cost and the number of people served; detailed plans for the transition be stated, giving the proposed manner of administration if and when the new program comas into being; a clear indication of County support for such a program to be obtained; a statement of eoticipated participation in the private sector be obtained; and a statement on reaction to the proposed program be obtained from both the County and the private sector; 3) the target population remain essentially the same as it was this year; and C) the increased amount budgeted for the new Infant/Toddler center be on a matching fund basis, ae recommended in the staff report, with referral to the Finance and Public Works Cotts,titteee. Robert Rowland, 116 primrose Way, - vice-president of PACCC board of directors, recapitulated some of the circumstances behind the pro- posed change in PAC policy of being a prover of child care. He recalled to Cotu cil ere the "...very difficult budgeting and programing process's of laat year. At that time ?Acct; looked closely at its program to see if it responded to what the City needed. Their strengths i ree the components of quality child care; their shortcomings lay in being restricted to locatioeo hours of avail- ability, and age groups of children, which resulted in a degree of inflexibility. A gradual transition to the vendor system presented less' threat to the continuity of the present PACCC quality, mile providing more locations for child care, as well as placements with yowling age groups. 925 5/2/77 cif Lucille. Cold, 377 Creekside Drive, president: of the PACCC board of directors, said that the "dual delivery system" outlined in PACCC's proposal was a response to the Policy and Procedures Committee requests as well as pressures experienced by PACCC. The duel system would continue direct services while at the same time providing a vendor eayste* for a limited number of child care spaces which would be "distributed" to daycare homes and non-PACCC centers meeting PACCC standards. She outlined the way in which suhaaidiea would be distributed, and told how PACCC methods of delivering quality child care would he made widely available, thus constituting the core of benefits redounding from the change in emphasis. The PACCC administration expected to have soave Compre- hensive Educational Training Act (CETA) help for the transition. PACCC was aware, she staid, that Sacramento was interested in seeing a successful vendor payment system function in child care, and PACCC hoped that, if their plan worked, state money would become available. Councilman Beahrs said that he was appreciative of the quality of PACCC services. He said that he had the idea that the state set child care standards, which were then policed through the county. The addition of Palo Alto standards to those already in use seed to him to be perhaps an undesirable elaboration. Ms. Cold said that PACCC standards started with those of the state and county, but that the county was remiss in monitoring standards. Since private child care vendors would be looking for subsidies attainment of PACCC standards mould be mutually agreed upon by both PACCC and vendors, and vendors would benefit also from the educat- ional experience. Councilman Be ahra said he hoped that PACCC could pinpoint the fin- ancial elements before they appeared before the Finance and Public Works Committee, for taxpayers had already paid for the development of state and county standards. Ma. Cold assured his that there were no additional costs in the budget for the setting and teaching of PACCC standards. Councilwomen Witherspoon asked if PACCC was planning to make the present five centers self-sufficient in time. Ne. Gold replied that PACCC did not plan to "spin off" the five centers this year. PACCC had met with staff and staff would join thane in awaking future plans. She thought it best to bold back on planning beyond 1971-7E. Councilwoman Witherspoon asked if PACCC pla t to add an infant/ Toddler center this year, irrespective of funding. He. Gold replied that PACCC did plan to establish one this year. Councilmen Lyerly *eked the specific difference* between state and PACCC standards. Ms. Gold replied that there were no essential differences in standerds--t+be difference lay in monitoring standards. Vendor subsidies would not be given to vendors who were not state licensed. Councilman Eye.ri.y asked what the state standards were. He wanted to eee then before he would agree that PACCC should do monitoring. Ids. Gold said ths:t a list of state standards could be obtained easily. PACCC had a parent/administrative committee working on 926 5/2/77 measurable specifics but had stopped when they had the realization that working on those measurable standards should be a community - vendor endeavor, and not restricted to just PACCC. She asked if Councilman Eyerly "would like to seta target date for us" to have a list of those measurable standards. Councilman Eyerly said that it should be ready for PACCC's presentation before the Finance and Public Works Committee. Councilman Sher said he was a member of the Policy and Procedures Committee and that some of his questions had led to PACCC's revised proposal before Council that evening. He said that he was pleased with modified proposal for it responded to sone of the concerns that had been expresaed et that Committee meeting. -He said he agreed philosophically with having the purchaser of child tare'choose the place where the money would be spent, yet he was concerned that the high quality services which PACCC had said they had developed in their five centers were to be spun off and that the five centers were to be made to stand on their own feet. His concern had led to PACCC holding off the date of the spin-off and instead experimenting with the vendor system. He acknowledged that the modified proposal before them that evening represented "a tremendous mount of effort...." He said he vas fully prepared to support the recommendations of PACCC. He thought that point A ought to he modified. AMENDMENT: Councilman Sher moved, seconded by Norton, that point A be modified to say "that Council approve the program as modified by PACCC in the proposal dated April 25, 1977." He said that he thought moat of the language that followed in point A, between the first clause and the last two points, had been phrased by PACCC already. Councilwoman Witherspoon supported Councilman Sher's motion. She said she understood that PACCC would be given as much support aea possible while becoming es independent as poeaaible; PACCC would not only be given autonomy but also the overhead borne by the City would be reduced. She said she would move later that Council indicate to staff and PACCC that PACCC could continue to explore mans of making the centers independent over a period of time. AMENDMENT PASSED: The motion to incorporate the clause "the Council approve the program as modified by PACCC in the proposal dated April 25, 1977," then dropping all but points B and C, passed on a unanimous vote, Councilmembers Clay and Comstock absent. AMENDMENT: Councllvomen Witherspoon moved, seconds by Betwsa1d, that Council perfers that PACCC work toward the goal of slaking the five centers as independent as possible over a period of time. Couacilman Sher said he thought the motion was pre store In that it canoe before the period of experimentation before the vendor nystem. He said he preferred the fact of spinning off, or the time, be left to PACCC, with PACCC returning with as report on hov the experiment had worked. AMENMENT PASSED: the motion that PAS work toward the goal of making the five centers as independent as possible over a period of thee passed on the following vote: AYES: BEAUS, EERI&tLD, CARET, STEELY, NORTON, WIT ENSPOO ABSENT: Clay, Comstock AMENDMENT: Councilwoman Witherspoon moved, seconded by Bereald, that there be no duplication of general information referral from that Corrected provided under City contract with PAAIRS. The zmeadment passed on a See pg. 1014 unanimous vote, Council a bers Clay and Comstock absent. AMEND a Councilman Eyerly moved, seconded by Berwald, that staff monitor the effect of the voucher system on use of PACCC end private facilities, and survey user income, with no extra staff to be budgeted for extra personnel to do that work. Alec Andrus, administrator in Community and Social Services, commented that there was no budget for casual labor to run the tally requested by the amendment. Councilman Eyerly eaid that he did not think that much work would be involved and that he would not support an additional budget request if his r n eT1t passed. AMENDMENT PASSED The motion that staff monitor the effect of the voucher system with no additional budget for personnel to do the work passed on a unanimous vote. Councilmae Eyerly referred to a sentence beginning on the bottom of page 4 of their report. The sentence indicated that full -fee participants in PACCC did not have to be Palo Alto residents. Re said he wanted Palo Alto residents to have: priority. AMENDMENT: Councilman Eyerly moved, seconded by Beaahrs, that a point be added saying "First priority for full -fee participants will be Palo Alto residents." The amendment passed on a unanimous vote, Councilmembers Clay and Comstock absent. MAIN MOTION AS ADDED: The motion to adopt the Policy and Procedures Committee recommendationa regarding Palo Alto Community Child Care, with amendments, passed on a unanimous vote, Councilmembers Clay and Comstock absent. ILPT$G AND ZONING CODES: RESPONSE TO 1976 (d :215:7, CMR:517:6) NOTION: Councilwoman Witherspoon, on behalf of the Policy and Procedures Committee, wed that staff be instructed to sake a preliminary draft of an ordinance that would require the use of rice rated for plenum use; and that the telephone company be notified that such an ordinance is in the process of development by the City; and that the utter be returned to Council within one month after Council so direct* P. C. Farley, employee of Pacific Telephone, living at 66 Willow Place, trio Park, said he would like to work with the staff members to drafting the ordinance. He said that the preset tentative ordinance wee not enforceable, in his opinion. Be said he repreeentsd the Telephone Comp* y which is franchised by the State of California, and bound by a tariff code, in this case the CPUC tariff schedule 36T, rule 15 on interior wiring, of part 3. The section covered in detail what the obligations of the telephone company are. He urged that those who were drafting the ordinance take as close look at it. 92$ 5/2 /77 Mayor Norton said that the motion merely directed staff to prepare an ordinance, and he hoped they would accept Mr. Farley's offer to participate. Councilman Berwrald.asked if anyone on staff knew of any prohibition against cities adopting ordinances that related to the Public Utilities Commission. Councilman Booth said he knew of co prohibition, though he had not talked to anyone on the Commission about it. Charles Walker, Assistant City Manager, said that the requirement that the ordinance would adopt was already part of the uniform mechanical rode. That was one of the alternative ways of complying. If the motion were passed that would be the only requirement, Re said that since it was already stated to be legal it would continue to be legal but so hat more restrictive on the telephone company. Councilman Sher asked if the code Mr. Farley referred to, Schedule 36T, Rine 16, part 3, on interior wiring, was Palo Alto or State cede. Mr. Walker replied that it vas the uniform mechanical by the City of Palo Alto, and the City had the option amendments to that code. Mr. Walker_ said that se far no other cities were following the approach suggested ordinance. code adopted of making as he knew by the Councilman Sher said that he thought it was important that the kind of wire required did in fact exist. Mayor Norton asked that City Attorney Booth confer with Mr. Parley on the details of the requirement. Councilman Berwald asked that the staff confer with the Public Utilities Commission before they prepared the ordinance. MOTION PASSED: The motion asking staff to prepare an ordinance to be submitted to Council for approval passed au a unanimous vote, Council. berm Clay and Comstock absent. RASCUTIf SESSION Council adjourned to Executive Session from 9:00 to 9:15 p.m, PROPOSED ORDINANCE TO ADO CERTAIN CAL AMUSEMENT DEVICES MOTIOV: Coecilan Beahrs introduced the following ordinance and moved, seconded by Witherspoon, its adoption: O DIM*CI 2982 entitled "ORDINANCE OF THE COUNCIL OF TEE CITY 4P PALO ALTO ADDING SECTIONS 4.10.110 THROUGH 4.10.150 TO THE PALO ALTO !MUNICIPAL CODE TO ATE MECHANICAL ANICAL SEF T DEVICES." (first readini 4/18/77) Toss Jordan, 525 University Avenue, said he represented ATARI, Inc., a manufacturer of electronic video games similar to Pons, and of coin operated gasses of the same kind. Atari Mould lie the Council to remove the absolute ban on aresdaa from the ordinance. The 929 5/2/77 complete ban had been approved at the April 18 meeting. Atar manufactured only electronic, not meclanical games, and none of them were violent or objectionable. Nowhere in the world, said Mr. Jordan, are arcades or games banned absolutely. He suggested that while he understood the City's and the citizenry'sconcerns, the other aspects of the ordinance were sufficient to sleet the problem. The exceptionally violent games were not eliminated by the ordinance, for they could still exist in Palo Alto in clusters of five, in as many places as people wished to put them, with no regulation on those two points. He said Atari had quite an extensive collection of ordinances throughout the country, which he would make available to Council at their request. Chicago, he said, had an ordinance which required pre -approval of the City staff before it was put into use. He said that Council had no facts before them upon which they could undertake to ban a lawful business, and he questioned the propriety of the City's banning a lawful business. He suggested that regulation, which could be tightened or loosened as need arose, was sufficient action. No facts has indicated a criminal element ---and Atari took issue with being associated with that element. He quoted from the City Attorney's April. 18 report, reading "All the mechanical amusement devices in the City are located in restaurants or other businesses and are not considered to constitute any problem to the community." On May 2 the police department in their written report said, "None of the premises currently having machines in the City cause any significant police problem." Mr. .Jordan asked that in the absence of facts to the contrary that the Council reconsider the absolute ban. Denny Petrosian, 443 Ventura Avenue, praised the ordinance before Council that evening for second reading. She suggested that license fees be raised in order to help defray the costs of monitoring, and she alluded to places in San Jose where they had started out quietly enough but gambling and noise had grown to be problems requiring police attention. Licensing gave the power of revocation. Nancy Buf fum, 4078 hen Lomond Avenue, said she had seen the inisture golf course located at M*reh Road deteriorate when pinballe were installed. She *aid she did not stunt that to happen to Palo Alto. Robert Booth, City Attorney, said the City had no power to differentiate among the different types of games in making its ban. ?actual data were available on disagreeable incidents at various arcades, and that had not happened in Palo Alto, be said, perhaps because there were no arcades in the City. Councilman ilaana Carey said that, as he hod in the past, he would mote against the ordinance. Be tit Council should think throw the issue rather than "react to edvocacy" of citizens' groups which had from five to one hundred umbers. He agreed with the validity of points made by Mr. Jordan. Ha continued that assumptions than crime would result t from permitting pinball machines were not based on faecte before Council. He thought the City might be "buying" litigation by legislating against a legitimate business, and he felt the City should be sure that it could win should * lawsuit be filed. In that light, he said, he would make the following motion: SUBSTITUTE MOTION: Councilman Carey aov d, seconded by Sher, that the matter of regulating mechanical amusement devices be centinued for two seeks, and that the City Attorney be directed to give Council alternatives to the proposed ordinance, including the original ordinance prior to its amendment at first reading. 9 3 0 5/2/77 Councilman Carey said that he knew many of the public would probably appear before Council on the matter in two weeks. He added that perhaps Mr. Jordan could submit some of the ordinances passed by other cities that did not "wield the sledge hammer" quite so readily. Councilman Beahrs said he did not want "Palo Alto" to become synonymous with "River City," yet, as a taxpayer he did not like the fact that it had cost about $100,000 to "clean up El Camino." He said, "I'd rather have the people sue to get in than I would like to pay to sue them to throe them out." Parameters within which such a business could operate could be established in court, whereas in the Councilehamber it was practically impossible." It would be cheaper in the long run for the City to be sued than to throw the businesses out. He said he would rather take the chance of standing suit,then pay the cost and have the trauma of throwing them out. SUBSTITUTE MOTION FAILED The motion to continue the matter of regulating mechanical amusement devices failed on the following vote: AYES: Carey, Sher NOES: Beahrs, Berwald, Eyerly, Norton, Witherspoon ABSENT: Clay, Comstock Mayor Norton asked if there were further comments on the main motion. Councilman Berwald asked if there were any way to strengthen the Corrected ordinance by prohibiting games depicting violence or eadiam. See pg. 1014 City Attorney Booth said that in his opinion that kind of stipulation had rendered the Lori Apgeles ordinance invalid, in the view of the Supreue Court. MAIN MOTION PASSED: The motion passed on the following vote: AYES: Beahrs, Berwald, Eyerly, Norton, Witherspoon NOES: Carey, Sher ABSENT: Clay, Comatack STAFF INCREASE FOR WAS MT. ii`I09t PUT OP ERATION 265 Staff recommends that the Council approve the addition of two persona for the Water Quality Control Plant, a;d pass the attached budget amendment oreliance AS pre>'ented. Since all costs for operation of the reclamation plant are reimbursed to the City by the District, there will be no net effect on the City budget. MOTION: Councilman Beahrs introduced the following ordinance, and seconded by Witherspoon, moved its adoption by Council.: ORDINANCE 2963 entitled "ORDINANCE OF THE COAL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISH YEAR 1976-77 TO PROVIDE THE STAFFING NECESSARY FOR THE OPERATION OF THE WATER RECLAMATION PLANT." Mayor Norton emphasized that the costs for two additional pens world be paid for by the Water District, under the terms of the coon t rac t . 431 5/2/77 Ed Aghjayan, D rector of Utilities, confirmed that all costs, including overhead, would be paid for by the Water District. Councilman Beahrs noted that water was becoming incFeassitngly costly, and he asked who would pay for the reclaimed water. Mesa Aghjayan answered that the output of the plant would be used basically for irrigation and tho City would be buying that at the basic charge. It would be used to irrigate the golf course and Riaconada Park. There vas also a possibility cf the water being bought for washing down planes at Moffett Field. Councilman Sher asked about the posaiblity of using reclaimed water for domestic gardens. Could the water be carried by City trucks to neighborhoods for irrigation? Mr. Aghjayan said that while it was possible the City had some concern about not having the control over how it was to be used --- the water could not be drunk nor used for swimming pools. The City had had some thought of putting in a t tandpipe where residents could use the water to wash automobiles, or the like, also perhaps for selling water to contractors for use in backfilling or other non- consumptive uaes. He said he thought the City had two tank true of 1000- or 2000 -gallon capacity. Councilman Sher asked if those trucks could net, for example, deliver water to the community gardens. He asked whet conservation measures controlled the use of the C1typpravided water at the comity gardens on Newell Road. He thought the City should look for innovative ways to conserve water, and reclaimed water was one such way. Mayor Morton suggested Councilman Sher put his suggestions in the form of a motion. Councilman Serwald supported Councilman Sher's suggestions. MOTION PASSED: The motion that Council approve the amendment to the budget to provide additional staffing for the Water Reclamation Plant passed on a unanimous vote, Coutacilmemibers Clay and Comstock absent. Frank Nanfredi, 219 Addison Avenue, urged that the federal government move to conserve all freshwater now flowing to the seta and also nationalise all natural resources, paying for costs for use through a national bank --in that way taxpayers mould not have to pay for costa resulting from natural catastrophes, such as drought. NOTION: Councilman Sher moved, seconded by Derwald, that Council request staff to investigate and write a staff report as aoon as possible on the possibility of using reclaimed water for irrigation of gardens in Palo Alto. Ed Aghjayan, Director of Utilities, said Staff was investigating the possibilities for non -potable water, and that voile he had no trouble with the ration requesting a report, he preferred just following through with a suggestion from Council. Councilman Sher asked if staff would come up with a proposal and do the publicising an it. 932 5/22/17 Mr. Aghjayan said he also had a proposal for the garbage contractors to provide water for washing down their trucks --he had a number of ideas. Councilman Sher said he wanted some action on the matter during this growing season. He asked Mr. Aghjayan to assure him that she water would not be "swallowed up" in a bigger study. Mr. Aghjayan said he would write a report prior to the time the reclaimed water cane on line. Councilman Beahre said he thought that staff should not spend money acquiring tankcare end the like, but instead encourage private contractors to buy the water for resale. He did not want the purveyance of reclaimed water to develop into another municipal service. Councilw an Witherspoon said that she approved of the area of concern, but that she would vote against the motion for she did not think a formal motion had to be made:. MOTION PASSED: The motion that staff investigate uses for reclaimed water and write a report on the passed on the following vote: AYES: Beahrs, Berwald, Carey, Eyerly, Norton, Sher NOES: Witherspoon ABSENT: Clay, Comstock ARD 4F C0NrL CT : DEMOLITION OF WEBSTER BLOC : a: *(re Webster Wood award of contract for demolition) Staff recommends that the City Council approve the attached ordinance to appzopriate an additional $7,500 to Capital Project 76-95, Webster Wood; and authorL a the Mayor to execute the contract for demolition oaf portions of the Webster Block for $15,454 with Covey Trucking Company. John Frsdr ich, 608 Chann►ing. said t hat the house at 608 Manning was one of the structures scheduled for demolition. His prigs: concern is appearing before Council was the structure at 929 Webster, about which Me. Woodbaas and Mr. Tapscott had spoken in Ural. Communications. Be questioned demolition of the structure on the basis of it being a foolhardy use of natural resource', and he said be had questioned the declaration of "no environmental impact" given on the proposed demolition at the Planning Commission. Perhaps the only recourse to the problem would be to take it to health, Education and Welfare (HEW) office end ask that there be an environmental review, thaugti ouch a step uould create funding and procedural difficulties, he acknoeledged. He felt it was incumbent upon the City to move at lit the residence at 929 Webster, end approving the contract to demolish would exclude that possibility. Until the sale of the property was closed the 929 Webster residence represented $54,000 in public equity, $17,500 of which would go toward rasing deem hauling moray. Councilmen Carey expressed curiosity at whether or not the staff had looked iaAto the possibility of selling the house for the price of $17,000 each ehicb is what it would cost to remove them. Be said 933 5/2/77 1 1 that there had been inquiries about buying the houses, the purchaser to remove ahem at no coat to the City, and he was not sure why those inquiries had been turned away. He said he would like to hear staff's reasons. Continuing, he said Mr. Goldsmith had told him that delaying beyond the date set in June would also delay construction of Webster Wood, for the Housing Corporation tad aseuratuce that June would be the time of groundbreaking. He concluded that perhaps the City was beyond the time during which people in the private sector could remove the houses. He favored having the private sector doing just that. Clayton Brown, Director of Budget and Staff Services recalled to Councilimembers that when the Council discussed the scatter and the appropriation was wade and the project approved, in about mid -January, that the time scbedule then seemed "beyond the eleventh hour," for there had been time only to provide for the relocation of the tenants and provide for the demolition of the houses, it was thought now that a June 1 deadline could be net. They bad received inquiries about purchase and relocation of the houses, but all of them had cue within the lest thirty to forty-five days; and opening the - aale of the houses for bid and attaining wing permits would require too much time, One house had been bought by the tenants; they had bought a lot and the house had been moved to that lot, That had taken a good deal of the purchaser's arid staff's time. If it were to be done at present about 120 days would be needed to sell and move the seven houses. Councilman Carey asked vby six weeks was needed to get a moving permit from the City; and why the bidding process bail not been undertaken on the house that had been moved. He said that the house that had been sold sad relocated demonstrated that it could be done. He said he himself did not care whether or not "you don't follow every little procedure," for it was too load to just "axe dorm some houses" because of time constraints. Re asked why 120 days were needed, assuming there were no legal requirements. Clayton Broom replied that while it did rot take six weeks to get a City permit, locatitg a lot, lining up a contractor, lining up a turn-off for utilities along the route for moving- the house, and the like, together took about six was. With luck the time could be shaved one week. The purchaser of the house that had been moved had started the process a couple of months ego and had been able to pursue the smatter to the conclusion. If the houses were to be made available to any , a bidding process would have to be used. Mayor Norton outlined a hypothetical ad offering "free houaes--get tie off the lot in one ." Did anything make that impossible) )r. Brown said that an ad like that in the paper would probably bring on comelicstioas that would double the length of time required. He said there was a public bearing requirement; for example, if a house were co be moved into Palo Alto, the prospective neighbors had to be notified that a house was going, to be moved in. Councilman Baehr* said that the discussions were " fully belated," and the wetter had been reviewed many toss. DOs to state regulations the staff had not had enough time to work out a nor* conservational disposition of the houses. Since so much effort had been spent to bring the project along this far, people who wanted to 'seize the advantage of having on* of the houses would have to be ready and able to scree by the date specified. Mayor Norton said that Mr. Goldsmith bad told him that osw Council 934 5/2/77 action was needed on a revised agreement with the sponsors of the project, which possibly could extend the time. Councilman Berwald said he had understood the houses were to be removed, not demolished. Council should perhaps ask staff "to use valiant efforts not to destroy usable, occupiable houses." He sand he would support a motion trade &long that line. Councilman Sher asked if a hearing had been held in the neighborhood into which the moved house had gone. Mt. Brown replied in the affirmative. The hearing had been held in the City Hall, it had been advertised two weeks; there had been no objections. Councilman Sher asked the latest date of the houses could take place. Mr. Brown replied that the target for June 1. on_ which the actual demolition "delivering" the property was Councilman Sher asked if Council could approve the contract with the stipulation that the demolition was not to take place before a certain date. Mr. Brown said that if that were to extend beyond a certain time the agreement might have to be renegotiated with the contractor. Councilman Sher said he supported Mayor Norton's thought that the availability of the douses should be made ksiown, and that people could awake proposals about moving the houses, giving the proposed routes to give minima utility and tree problems and the like. The public would be well advised that their proposed projects had to be completed by a fixed date. In that way, at least, the public would know of the City's wish to conserve resources while at the sane time people would have their chance to participate if they could manage. M. Wcodhams said that Mr. Tapscott had both the necessary funding and the lot on which to place the house, and he needed housing very much. Mayor Norte. asked Lou Goldsmith to speak to the matter of timing. Mr. Goldsmith, of the Palo Alto Housing Corporation, said that he did not think the Corporation could close oa debater Wood before J 15, which meant that there wee a little more time than had been indicated in the past. The State, he said, had "tried to reinvent the wheel" in writing up these documents, for it was the first such negotiation for the State; the contract for purchase of the land had to be modified and that smatter would have to come before the Council again ---it would be about a sleuth after the deal was closed before the contractor began. Hs said be bard walked through every house, and that in his opinion each of them needed very extensive rehabilitation. Be said that one could not expect to save money by rehabilitating one of the bons. Councilman Beabrs asked if there was any threat to the coneummation of the contract with the State if one or more houses ware still standing on the land due to some foul-up on being sbia to ewe it. Mr. Goldsmith answered that the Palo Alto Rousing Corporation had paid that they would keep two houses and the contract so specified. 933 5/2/77 The State did not set the conditions, the [lousing Corporation did, and that was what had determined costs. Councilman Beahrs said that he thought that if a person contracted to move A house and then found that he would not be able to do so, he should know he had to pay the cost for demolition. Mayor Norton said he agreed completely —the deadline would be final. Councilman Carey asked if the demolition contract would have to be renegotiated if one or two houses were removed. He did not want the City to have to pay for demolishing six houses if only four houses remained Mayer Norton said the item could be continued on the calendar to see what response the City got from a notice that the houses were available. City Attorney Booth said bids had not been on a house -by -house basis —if they were it might make it difficult negotiating with the contractor; also, if the contractor had to return, the price was likely to go higher. POTION: Councilman Carey moved, seconded by Witherepoon, that the City accept the proposed contract subject to the following conditions: 1) that staff make every effort to make available any or all of the ho uses to anyone who wishes to remove it for personal use at no cost to the City, a:ad further, provide that such removal must occur on June 6, 1977; 2) in the event any or all of the houses are removed, that approval of this contract is contingent upon staff renegotiating the contract to provide for adjusting of the cost to the City. CONTRACT FOR DEMOLITION OF PORTIONS OF WEBSTER BLOCK WITH COVEY TRUCKING. Claytota Brown said that the combined properties had sixty trees which they hoped to gave, and which complicated both the moving and demolition process. About time house which had been moved, it had been the only well -planned proposal the City had received. The purchaser had paid the City $1,000 for the house. Mayor Norton pointed out that if Ms. Woodhams sae serious about acquiring a house she would have to work out the details within the time stipulated. Councilwoman Witherspoon confirms that there was no charge by the City for any house available for relocation. She asked if the Council should not continue the shatter of signing the demolition contract. Mayor Norton said that if there were no interest in the houses by the next Council meeting the matter would end there. At that time the contrast could be renegotiated, MOTION PASSED: The motion Approving the contract aubject to conditions pass on a unanimous vote, Councilmembers Clay and Comstock absent. MOTION: Councilwoman Witherspoon introduced the following ordinance and, seconded by Serseld, emend its adoption by Council: ORDINANCE 2981 entitled "ORDINANCE OF TRE COUNCIL OP TEE CITY 07 PALO ALTO Ampric TEE BUDGET FOR FISCAL YEAR 1976-77 TO PROVIDE ADDITIONAL FONDS TO COMPLETE PROJECT 76-35, warmonoo RELOCATIONASSISTANCE." 936 5/2/77 MOTION PASSED: The motion adopting Ordiaance 2981., amending the budget for additional funds for Project 76-95, passed on a unanimous vote, Council members Clay and Comstock absent. ARTIC GAS PROJECT (CMR:251:7) Councilman Berwald stated he would not participate and would abstain from voting on this item. The staff reported that PG&E is the sole supplier of natural gas to the City of Palo Alto. If the Arctic Gas Project with the western leg maintained is chosen by President Carter, then the Alaska gas reserves can. read Palo Alto direct via PG&E. It is the staff's recommendation, therefore, that Council adopt the attached resolution. and express their support for maintaining the western leg of the Arctic Gas Project which would serve Palo Alto and other western cities. Councilman Sher spoke of the memo Councilman Comstock had left for Council bers concerning comae items on that evening's agenda: he had suggested that the Arctic Gas Project be tasbled because he felt the matter went too far afield for a municipal concern. Councilman Sher said the thought that it was too far afield was debatable, for the City sold utilities and needed a gas supply, Councilman Sher said he thought that putting the Arctic Gas supply matter on the consent calendar was questionable, however, for the staff report was brief, and like Councilman Comstock, he had some misgivings about it being a municipal concern. MOTION: Councilman Sher moved that the matter of the Arctic Gas= Projectbe tabled. MOTION FAILED: The motion failed for lack of a second. MOTION: Councilman beahrs Introduced the following resolution and moved, seconded by Eyerly, its adoption by Council: RESOLUTION 5404 entitled "A RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OPPOSING EL HUNAT ION OF THE "WESTERN LEG" OF THE ARCTIC GAS PROJECT . " Councilman Beahre said he disagreed, with Councilman Comstock for in his own opinion the City had a real concern with the supply of natural gas. The Liquefied Natural Gas (LNG) proposal had "cataclysmic potentials" which he knew from his own working experience. Shipping LNG posed the possibility of collision at sea with the resultant fire leading to oxygen exhaustion and suffocation of the population. Pipeline transportation was the safest method available. Councilman Remold asked that the record show he did not participate in the Axcttc Gas Project natter, MOTION FAILS: The emotion that the City of Palo Alto adopt a resolution opposing the elimination of the l'western leg" of the Arctic Gas Project failed on the following vote: AYES: Carey, Beahrs, Norton Eysriy NOES: None 9 3 7 5/2/77 ABS iA!N: Berwald, Sher, Witherspoon ABSENT: Clay, Comstock EST OF MAYOR NORTON RE WATER COMMISSION ADVISORY BODY t * ' WA iN SANTA CLARA COUNTY SAN FELIPE PROJECT -MAY BOND ISSUE( R 260:7) Staff recommends that the City of Palo Alto job the broad -bused support for this project and adopt the resolution endorsing the passage of the $56,000,000 Revenue Boni Measure. Aar adequate water supply is essential for the well being and sound economic developneet of any ceneunity. The proposed San Felipe Project has passed the test of the Environmental impact Report process and has emerged clearly as the best choice for meeting Santa Clara County's future water needs. Joseph Carleton, 2350 Ross Road, opposed the San Felipe project, saying ".,.it will not create one 5ingie drop of water," for it merely moved water from the delta pumping it to Santa Clara, San Benito, Monterey and Santa Crux counties. The additional water would permit Sante Clara County to grow from 1,2 million to 2 million in population. Setting aside the natter of limiting growth through limiting water, Mr, Carleton slid he thought growing crops was more nignififant. He quotes President Carter, as quoted by Time Magazine, as having said, "Conservation costs only owe -tenth as couch as increasing the supply of energy." Mr. Carleton said that the saw held true with conservation of water,., Ee referred to the South Bay Dischargers' Project ,as cancelling cut the equally bad San Felipe Project, for a tremendous aaamoent of money was needed to build two unnecessary pipelines as well as weeted energy "pumping water all over the land- scape." The reclametian alternative would be to use water from the Alviso/II 1pita siSan Jose sewage treatment plant effluent, or groundwater recharge La agriculture. That would render San Felipe unnecessary. One of the Water District directors had proposed that reclamation alternative. The Secretary of Resources hard said that the San Felipe would not take water from the delta during dry yeaarae--Mr. Carleton said that "...if we can get along without the water during dry years we certainly don't seed it during the wet ones." Mr. Carleton e.sid he had heard on KCBS radio a few weeks ago that the San Felipe project would increase everybody's water bill by about $2.00 monthly; in hie pereonai case such an addition would add 50 percent to bis water bill, with no addend benefit. An the contrary, be would experience hardship for populat ion would increase, traffic and concomitant smcg would increase and those elements would decreases the quality of life. He held that the Bureau of Reclamation, which had evaluated the project, okaying it presented no hazards to residents and had no environmental impacts, wes incapable of objectivity in passing on the project for it wee a past of the Federal Government, which okayed the project. The San Felipe project, Xr. Carleton said, was primarily a subsidy to agriculture and ultimately the water would have to come through the Central Valley project. Le cited some figures to show hew costa escalate: California Water Service Cry pays 48.00 for an acre- foot of water, retailing it for $183.00 per acre-foot. In contract, the Westland* Water District continuously violates the 160 -acre Federal limitation, and buys meter from the Central Valley Project for under $12.00 an acre-foot; qtr. Carleton arms that the obvious 938 512/77 high rate of profit showed some strength of the motivation, behind the San Felipe project. He observed that former county executive Howard Campen is now chairman of the Citizens' Committee to Support Passage of the Bond Issue for Measure 8. He questioned the validity of a "citizens' committee" with a dead appointed by the Board of Directors of the Water District, and he said it was a sham. He asked that Council oppose the measure. Councilman Berwald said he did not understand how the citizens' committee could be thought to be in conflict of interest. Mr. Carleton answered that supposedly President Carter was going to arrange for en impartial review of the project, and clearly there was no impartiality if the project was reviewed by those who had in fact developed it. A person who derived his income from a project most certainly had a stake in seeing it approved. Audrey Fisher, chairwoman of the Water Commission of the Santa Clara Valley Water District, said that she would explain why she had contacted all of the city councils in Santa Clara county to obtain their support. She had been a Valley resident for over 40 years, having seen drought times and also "the great subsidence of our Valley floor," along with increased danger of saltwater intrusion. Those conerns made her think the Valley would need every drop of fresh water it could get, The foresight and planning of members of the Water District throughout the years had kept Santa Clara Valley from experiencing the shortages of other areas. She said that Marin County epitomized how population growth could be controlled by limiting water supplies --she did not want Santa Clara to be in that position so far as water availability was concerned. She advocated that those who now were proponents of ssattere pertaining to water supply leave as good a situation for those who came after, as had been done for the present residents. She said that tar. O'Ha11oran had accompanied her tonight, and would answer questions elsong with her. Wesley Hubbard, 1755 Fulton, recalled having had the sane kind of discussion sosee fifteen years ago when be was a City Council member, regarding importation of water through the South Bay Aqueduct. Marin County bad refused, at that time, to be eked up to the North Bay Aqueduct. Be was glad Santa Clara Valley had entered into the contract at that time, and he thought that Marin residents would do differently if they were given the chance to book up now, The proposed San Felipe Aqueduct would complete the overall Master Plan, he said, and afforded .s good network of in -county distribution. There had been thought that Retch Hetcby could last us forever, yet the past two yearn had shown the frailty of that expectation. He thought the price was economical and that Council should approve the San Felipe project. .nine Baron, 232 'lillview, represented a group called People tppoaed to Water Waste, a citizens' group apposistg Measure R on the May 31 ballot. Estimated coats put the price of the San Felipe project at $250 million to $300 million, which had to be repaid, with interest, by the county residents. Santa Clara Valley's i bare 'would be 87 percent. After censtruction, she said, the Bureau of Reclamation would transfer a Santa Clara facility, consisting of a canal, a tunnel., a conduit, Coyote reservoir and dam. The Santa Clara Valley Water District would then assume all responsibility end expense for the facility's operation, aaintemence, and replacement. The coat to the District would include storage, conveyance, and pining coot of CVP facilities plus reimbursement costs of the pumping to the CVP facility price at the entrance to the Santa Clare facility. Tbs sue of those costs of transporting water and 939 512/77 maintenance was added to the base price. The energy required to lift the water from the delta to San Luis Reservoir would supply 20,000 single-family dwellings for the City of Palo Alto for one year. Added to those costs would be repayment of $56 million for construction of facilities to take the water from Coyote afterbay, and distribute and store it throughout the County. Along with that, the in -county distribution and maintenance costs had to be added. Ida. Baton said that beginning July 1, 1978 there would be no legal limit to the rate the District could levy for groundwater extraction, if the measure passed. The $56 million bond covered only the firs; three phases of Hater District expansion, for the financing plans for the second and third stages had not yet been divulged. San Felipe Project had been based upon greatly inflated water uaae, she said, but the drought had shown that water had been masted, and it could be conserved. She said that over time, for example up to 2020 A.D. , over 100,000 acre-feet of water could be saved per year, a savings amounting to two --thirds of what the proposed San Felipe project would deliver. The water reclamation projects gave much pro iee, and water thus reclaimed could be used for agriculture. She said that she feared there would be no incentive to continue reclaiming water were the San Felipe Project to go ahead. She anticipated paying higher and higher costs for "token" water reclamation, upgraded sewage treatment for the sad result that all would be damped into the Bay. She urged the Council to take no action until staff had investigated fully the ramifications of the project, along with the financial impact on Palo Alto residents. Councilwoman Witherspoon told Ms. Baron that most of the questions she had raised had been answered in the staff report. Ms. Baron said she did not think that they had been. Councilwoman Witherspoon pointed out that the $56 million was to pay distribution costs throughout the county, not the $300 million for the San Felipe project. The $56 million revenue bond measure would be based on the pump tax and she said that Palo Alto paid a loss pump tax for the few pumps from Retch Retchy, about $16,000 last year for Palo Alto residents, She said that money funded the reclamation plant at the baylands. She said Palo Alto was very proud of it. NM. Baron said sbe was proud of it also, and that she had supported it before it was built. She said she had tried to joint out in her report that there +mere associated costs that wane not included in the $56 million, which only paved the way for San Felipe, which then led to operation and transfer costs as X11 as facilities to bring the water to the county. Norman L. Cotton, 951 induatr;ial Avenue, opposed the proposed bond issue. He said he lived at 3421 Woodstock Avenue, Mountain View. He read ak statement citing the instances in which debt similar to the one that would be incurred by building San Felipe Aqueduct were virtually never paid off, saying such debts could lead to "... bankruptcy, chaos, and dictatorship." He said people should prefer, while voting on the issue May 31 at the polls, to suffer through the drought rather than "drown in a sea of debt." He pleaded that there be no more bond issues of any purpose. John Frodrich, 608 Charming Avenue, said that he had hoped to see Council adopt a county plan whicb considered specifically needs of North County. 9 4 0 5/2/77 Corrected See pg. 1014 RESOLUTION 5404 entitled "A RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ENDORSING THE REVENUE BOND ISSUE OF THE SANTA CLARA VALLEY WATER DISTRICT." Councilman Carey said that Kirin County residents had turned down a bond issue several years ago but had overwhelmingly passed it last fail, for obvious reasons. He objected to using the water issue as a means to controlling growth--e:cp1eining that he thought growth limitations should be directly placed. AMENDMENT: Councilman Eyerly moved, seconded by Berwald, that the Council of the City of Palo Alto, in enacting this resolution, does realize that the Revenue Bond issue, if passed, will provide improvements within the Santa Clara Valley Water District and may also create a trend of population increase within the County. The Council therefore requests the County to preserve agriculture lands in the South County, to control growth through zoningaand to keep density at a reasonable loot level. Councilman Beahrs asked that Councilman Eyerly also include language relating to conservation and reclamation of water. Obtaining Councilman Eyer1y's permission, Mayor Norton asked ed that City Attorney Booth provide the suitable iauguage for Councilman Beahrs suggested addition to the Eyerly amendment. AMENDMENT PASSED: The amendment, with language to be added by the attorney regarding water conservation and reelamati.on, passed on a unanimous vote, Councilmembers Clay and Comstock absent. Souacil n Sher recalled to Mayor Norton the mayor's statement that if Council were sharply divided on the San Felipe Project it might be wise for Palo Alto to take no poeitioni he pointed out that Councilman Comstock had said he was opposed to the San Felipe Project and he read from Councilman Cons tock' s ,ammo to Counc i L bers , "I have read a good deal of information about the proposed water bond measure and 1 em /eft with the conclusion that the bond measure and the County General Plan information recently referred to the Policy and Procedures Committee reflect more of the uncontrolled boom philosophy in the South County that has been so devastating in the central Santa Clara Valley. I have no faith that once thone water facilities are constructed, water usage will be restricted to agricultural customers. Our experience, again and again in California, loss been that the advent of freeways and water in any area has been the necessary precursor of uncontrolled urban sprawl." Councilman Comstock wrote that be hoped Council would either oppose or table the bond issue. Councilman Sher said that his own concern was reflected in the City Couici1. action of 1972 when it adopted a resolution opposing the funding by Congress of the San Felipe project, and the reasons were given in the April 3, 1972 staff report: 1) Doubt has been cast that San Felipe Project was the best and only choice in meeting future water needs of San Jose and Santa Clara County; 2) there was concern that the depletion of fresh, water outflow from the delta caused by water export would adversely affect the flushing, and hence the water quality, of South San Francisco Bay; 3) studies of wastewater reclamation underway to reclaim wastewater could economically be substit'xted for imported water;_ 4) environmentel awareness cast out as to the desirability of unlimited urban growth; 5) local distribution costs have not been defined..." Councilman Sher said other concerns expressed that evening had to be added, such as the tremendous energy. costs to lift the water, et 9 4 1 5/2/77 a time of energy shortage, along with the point that the project does not create any new water, but simply moves water from one part of the State to the other. Though a time of drought was the obvious time to bring the San Felipe Project forward, those facts could not be overlooked. MOTION: Councilman Sher moved that the resolution endorsing the bond measure for the San Felipe Project be tabled. The motion died for lack of a second. MAIN MOTION WITH AMENDMENT PASSED: The main motion, as amended, to adopt a resolution endorsing the revenue bond issue of the Santa Clara Valley Water District, passed on the following vote: AYES: Beahrs, Bervald, Carey Eyerly, Norton, Witherspoon NOES: Sher ABSENT: Clay, Comstock Councils Berwald left at 11:10 p.m. R°i 3ESi f F MAYOR I ORTO RE PALO L�Ldl�+ Tt � CFJ'R.°t'+� � A 31 ON S REf�Ir S?. (4t'U� : i7 : ? ) ve.e� �.ow..�.�..w. ris.ws awmmi i� Mayor Norton observed that the item about Palo Alto Adolescent Services had been put on the agenda at the request of the corpor tion. Ken Schreiber, Assistant Planning Director, said that the Palo Alto Adolescent Services Corporation had been developing a proposal for the past three years to purchase and maintain a house as a group home for youth, ages 13 through 17, with no more than eix to be in residence at a tine. Also 3.n residence would be two professionally trained houee,parents. The house to be purchased for the purpose at 2361 High Street is in conflict with zoning for E-3, with R-]. designation as single-family in the Comprehensive Plan, and had been included in a moratorium that the City had enacted in December which prohibited non -mingle -family ly and duplex use of such property. The intent of the moratorium was to preserve their present use for single --family. There was intent that the zoning ordthence mould be modified to support that type of ume during the coming year. Staff had review the request and was convinced that considerable effort had gone into the request and that there was need for the facility. Staff listed three ways that the Palo Alto Adolescent Services Corporation (PAStORP) could be allowed to tree the property for a group home: 1) emend tip moratoriums ordinance to remove the property at 2361 High Street; 2) amid the aorstortu■E ordinance to allots an existing single - fondly house any residential use permitted under existing zoning provided that the existing residence is neither compartmentalized or expanded; or 3) initiate ae change in the Comprehensive Plea designation of this property from single family to multiple family and remove the property from the moratorium. Mr. Schreiber said that staff recommended that the second choice be used, which amended the moratorium to allow say residential use permitted under the exiseting zoning in an existing single family house. in effect, this would allow boarding and lodging houses in 942 5/2/77 properties not covered by the moratorium and now zoned R-3, R -3-P, R-4, C, or M. Councilman Beahrs asked Mr. Schreiber i.f it would not be best for the City to make a specific exception in the case of the one property. He said he thought that opening various areas to boarding house activity by rezoning, just to accommodate the needs of the PASCORP house, was unnecessary. Mr. Schreiber said that Councilman Beahr' bs suggestion could certatinly be followed by staff had been concerned about changing the Comprehensive Plan just for one specific parcel; there was no indication that rezoning would bring "hordes of applicants." Councilman Beaters recalled that he had voted against permitting boarding houses for the elderly throughout the City --he did not think it waxy a good policy for those home to be throughout the City. He asked if a time limit should not be put on the permission for the PASCORP home. He said he did not favor granting permits "in Perpetuity." Mt. Schreiber replied that the exception to be granted would be for use under the current zoning. If it were allowed It would then become a legal use. Lois Smith 2300 St. Francis Drive, president of PASCORP. She said that Mary Cottrell, vice president, vas also present that evening. Councilwoman Witherspoon asked Mr. Schreiber if a use permit would be needed if PASCORP were to locate at the High Street address, and there were no moratorium. ?fr. Schreiber mnasaered that order the multiple -family zoning boarding and lodging houses ware permitted use. In the light of the Comprehensive Plan, staff suggested that the use permit process would be a valid procedure. He added that it would be a parallel process to that use for the h ay for people 55 years of age and older. Councilwoman Witherspoon confirmed that the use permit process that would be set up would not be applicable to just the one High Street peoperty, and that the process would be applicable to any house within that zoning that wished to become a boarding or lodging house. Mr. Schreiber said that rams also an alternative: alternative one would delete the High Street property from the moratorium, in which case they could proceed under the current R-3 zoning and no use permit would be requited. Councilws+m►an Witherspooe said she knew that but that when the Comprehensive Plan zoning map wont into effect both lodging and boarding blues would be non -conforming, g, and she asked which gave more permanency, alternative 1 or alternative 2? Mr. Schreiber said that there was not that much difference between the two alternatives. He said that it was his thought that unless the um* permit was Baited there would be no difference. Councilwoman Witherspoon asked why alternative 1 would not be simplest: no use permit was needed, no ordinance need be written, PASCORP could be grandfatbered in as long s.s desired. Mr. Schreiber said any of the threw alternatives would work. 943 5/2%77 MOTION: Councilwoman Witherspoon moved, seconded by Beahrs, that Counci;e adopt alternative 1, which was to amend the moratorium ordinance to remove the property at 2361 High Street Councilman Sher observed that staff's recommendation to adopt alternative 2 was based on the fact that by aaseading the moratorium there is a precedent of individual exceptions to the moratorium, that is, on a property -by property basis, as in the case of the motion to adopt alternative 1; with alternative 2 additional protection could be provided by requiring the issuance of a use permit parallel to the use permit required for homes for people 55 years of age and older. He said he favored alternative 2 for it had the use -permit feature. SUBSTITUTE, MOTION: Councilman Sher, seconded by Norton, moved that Council adopt alternative 2. Ken Schreiber, Assistant Planning Director, confirmed that alternative 2 was the only one requiring a use permit. Councilman Eyerly asked about the amortization since the passage of conforming use. He recommended a ages of the houses in that area. possibility of building in an alternative 2 would be a non - tea --year period, in view of the Mary Cotrell vice president of PASCORP, said that the building was #n topnotch condition and had about 20 to 25 years to go. Coanc11ran Eyerly said it was not the particular building, it was the possible setting of precedent he was concerned about --he did not want an old building held to one use for a long time. City Attorney Booth said that Council could limit the use permit to eny desired time. A change of zone, for example R-3 back to R -I, would take more time. Council could rezone any property after the :formal notice was given. Ms. Cottrell said that the rather broad changes suggested in the staff report were more elaborate than PASCORP had anticipated, and PASCORP had hoped that just a variance could be issued. City Attorney Booth said four votes were needed on the vote to give the staff direction; five votes were needed to pasts an ordinance. .SUBSTITUTE MOTION PASSED: The motion that Council adopt alternative 2 of the staff report, and instructing staff to prepare an ordinance, passed on the following vote; AND AXES: Carey, Eyerly, Norton, Sher NOES: Beahre, Witherspoon ABSENT: Berwald, Clay, Comstock I PUBLIC WORKS .Ti.wOF COIllernE M E8a.oc iayor Norton announced that the Finance and Public Works Committee meeting for May 3 would be cancelled for lack of a quorum, and also that all Councilmembers were invited to the Colorado Park Substation for as solar energy exhibit on May 1. 944 5/2/77 COUNCILMAN SHER RE COMMUNITY THEATER Councilman Sher mentioned a speaker on the topic of the Community Theater during Oral Communications. He said he had spoken to Assistant City Manager Charles Walker during recess, and had evolved the following motion: MOTION: Councilman Sher moved, seconded by Norton, that staff review the position of director of the Community Theeeter with a view to redefinition of the director's -duties, along with the cost implications of such a redefinition, with a report from staff to be given to the Finance and Public Works Committee at the time of considering the Arts Department budget. Councilman Sher said there had been some "ferment in the cr iusity" about the matter, and he felt it was best to deal with it directly by taking the formulated proposal and have staff assess the personnel and finance duties and obligations. Councilman Beahrs said he understood the thought behind the motion, yet he observed that the matter was in the charge of the City Manager. He said that for that reason he would vote against the motion. MOTION FAILS: The motion to review the duties of the director of the Community Theater with an eya to redefinition of those duties failed on the following vote: AYES: Carey, Norton, Sher NOES: Beahrs, Eyerly, Witherspoon ABSENT: Berwa.ld, Clay, Comstock COUNCILMAN CAREY RE 101 ALMA ARB DECISION Councilman Carey expressed disw.ay that the Architectural Review Board, in spite of Council having made the policy decision, had not passed judgment on approving or disapproving the additional parking structure at 101 Alma. He said that Council's message to the ARB contained no ambiguity, yet the ARE had not acted, so that Council now had to function as the ARB should have. He observed that the Council and the ARB appeared to have changed roles on the matter of making a decision on 101 A.1aa, and he deplored the waste of time involved. He asked Councilmembers if Council should try to act as the ARB or return the matter to the ARB again. Mayor Morton said he had asked City Attorney Booth the some question and had been told that Council had either to hear an auiticipmted appeal from the ARB (in) action, or to agendiee the matter to give the ARE direction other than broad approval power. Councilmen Beahrs said he had been disappointed also for the Architectural Review Board seemed on this point to be more political than the Council. Councilwoman Witherspoon said that she thought agemdizing the matter was the beat way to decide it. She said Oat the ARB vas not in an advisory capacity to the Council, yet they were in relation to the Planning Department. She asked what Mr. Knox did 945 5/2/77 with the ARB'e advice. Mr. Booth pointed out that the ARai was advisory to the building official, not to the Planning Department. Municipal code, he said, provided that no permit issued under Title XVI in the building sections of the code could be issued without the approval of the ARB, with anyone who was unhappy with the ARB's decision being able to appeal to Council. The 101 Alma residents had not yet filed an appeal, and Mr. Booth said the matter would be before Council by early June. In response to the question of what would be needed to return the matter to the AP.B, Mr. Booth said a majovity vote on a motion would be all that was required. Be expressed some reservations on the certainty of that, however, because no notice had been given. Mayor Norton asked if it was a legal or political problem. Mr. Booth replied that it could become a legal concern --a refereadum petition was in, which could go to litigation. Councilman Carey said that it appeared that the A.'tB thought it acted in an advisory capacity to the City Attorney, because one of the reasons the A.RB had given was that the parking structure violated the rights of the adjacent propertyowners, which, in his opinion, sounded like a legal. conclusion. Mr. Booth said that the City Attorney's office had. not been consulted by the AR.B before they made that statement, nor did his office agree with that statement. Mayor Norton confirmed with Mr. Booth that one remedy for the 101 Alma matter would he to have it put on the agenda. CANCgLLATtON OF my 9, 1977 COUNC I L MEETING MOTION: Councilman Beabra, moved, Nay 9 Council meeting be cancelled motion passed on a unanimous vote, Comstock absent. ORAL COMMUNICATIONS B ne seconded by Eyerly, that the because of light agenda. The Councilmembers Eerwald, Clay and ADJOURNMENT MOTION: Councilman Beahre moved, seconded by Norton, that the meeting be adjourned. The motion paaaed on a utuinisous vote, Councilmen ers &enfold, Clay and Comstock absent. The Council meeting ad j Burned at 11:32 p.m. ATTEST: APPROVE 62, City Clerk "4°P4-4".1"2-4, 946 5/2/77 9v