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HomeMy WebLinkAbout1977-07-18 City Council Summary MinutesC(TY COUNCIL M 1 NLJTES CITY or- MMno ALTO Regular Meeting of July 18, 1977 ITEM PAGE Minutes of June 13, 1977 2 3 Minutes of Adjourned Meeting of June 13 and Regular Meeting of June 20 . 2 3 Oral Communications 2 3 Consent Calendar 2 4 323, 331, and 365 Grant Avenue and 334, 360 Sheridan Avenue, Apprcval to Revert Five Parcels, Initiative of the Planning Commission 2 4 578, 584 and 592 Vista Avenue, Application of Creative Environments for final Condominium Subdivision Map 629 Lytton - Application of Hizashi Associates for Tentative Condominium Subdivision 610.616 Forest Avenue and 701--7!7 Webster Street Application of Cowper -Hamilton Building for Time Extension 2 4 3793 Park Boulevard - Appeal of Robert MacMurray from the Decision to Deny Preliminary Parcel Map 2 5 2 4 2 4 Palo Alto Golf Course -- Site and Design Review of Driving Range 2 5 877 Forest Avenue - Approval of Appeal of Floyd Lowe from the Decision of the Zoning Administrator to Deny Application for Variance 4149 Georgia - Approval of Appeal of Joseph Rirmch from the Decision of the Zoning Administrator to Deny Application for Variance Request for Termination of Contract with Financial Industries Corporation for Administration of Deferred Compensation Plan Designation of the Enforcement Agency and a Hearing Panel for Solid Waste Management in the City of Palo Alto Mendated my Al 2439 North County Joint Powers Agreement (IPA) for Solid Waste Disposal and Resource and Energy Recovery Systems --Approval of agreement for Coordinator 25 25 2 5 2 5 2 .6 Master Social Worker with Police Department 2 6 2 1 7/1$/77 ITEM PAGE Contract with Santa Clara County Housing Authority for Piggyback Program 2 6 Revision of Stable Ordinance 2 6 Retirement of Thelma J. Nunes 2 6 Retirement of Manuel D. Darang 2 7 706 Cowper Street -Approval of Application of Lynch-Gawlick-Chartain for Change of District 2 7 2800 W. bayshore Road - Equipment Guide Book Company Application for Change of P -C Development Plan 2 8 Council ber Clay re Review of Sign Ordinance 2 8 License Agreement --Art in Public Places 2 9 Amendment of Golf Course Coffee Shop Contract 3 0 Cambridge Avenue Parking Garage Repairs 3 3 Water Restrictions and Mandatory Water Rationing, and Water Conservation Rationing Plan Modifications in Response to Public Hearing Permitting Ocean Water in Swimming Pools Counci1inember• Henderson re 101 Alma 3 3 38 Northern California Power Agency Calaveras Hydroelectric Project 4 3 Request of Councilmc bees Henderson, Fazzino, Eyerly, and Witherspoon for Staff to Investigate Possibilities for Rai io Broadcasts of Council Meetings 4 6 Request of Councilmembers Eyerly and Henderson re: Property Tax Relation to Assessed Valuation 4 7 2 2 7/18/77 July 18, 197'1 Regular Meeting The City Council of the City of Palo Alto met on this date at 7:40 p.m. in a regular meeting with Mayor Sher presiding. PRESENT: Brenner, Carey, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon. Councilman Clay arrived 7:42 p.m. ABSENT: None MINUTES OF JUNE 13j 1577 Councilman Carey asked that on page 1025 3rd paragraph from the bottom, the clause in the sentence read "..for additional bearings need be made. Though there would be an adverse impact...etc." MOTION: Councilmember Witherspoon moved, seconded by Fazzino, that the minutes be approved as corrected. The motion passed unanimously, Counciimember Clay absent. MINUTES OF ADJOURNED MEETING OF JUNE 13 AND REGULAR MEETING 4F JUNE 20 Councilwoman Witherspoon noted that on page 1073, the first motion, the vote had not been recorded. The vote on that matter, concerning the 300 block of San Antonio Avenue, was recorded as unanimous, Councilmember Beahrs absent. MOTION: Counci1rmeaber Eyerly moved, seconded by Carey, that Council approve the minutes of the Adjourned Meeting of June 13 and the regular meeting of June 20. The motion passed on a unanimous vote, Councilmember Clay absent. ORAL COMMUNICATIONS 1. Sill Burch, 420 Homer Avenue, said he was one of the four associate directors for the Youth Conservation Corps +YCC). He said YCC had completed three weeks in Palo Alto surveying recycling efforts in Palo Alto. In two weeks of actual surveys YCC had completed 2313 surveys --905 door--to-door; 944 in parka, shopping centers and mails; 464 werenon-residents who were in the City for various reasons. The theme of the survey was to see if people would be willing to do "One Thing More." He listed methods of conservation, and also gave examples of questions asking under what conditions people would insulate their hones, and so on. Be spoke of media coverage YCC had received. He thanked Palo Alto for the opportunity to conduct the survey, saying YCC would leave the information they had compiled with the City. 2. ?ttchael Atherton, 550 Hamilton, is the attorney for Fiesta Lanes Bowling. He felt the ordinance prohibiting mechanical amusement devices did not distinguish betimes primary and secondary purposes of establishments, for with Fiesta Lanes the primary purpose was bowling. Hs asked that Council consider regulating rather than prohibiting amahsanical amusement devices, for the police department had stated that estab- lishments that had such devices had presented no police problems. 23 7/18/77 { Mayor Sher told Mr. Atherton that in order to change the current law a member of the Council could bring the problem before Council, or perhaps a member of the City staff. 94NSENT CALENDAK Referral Items None Action Items Councilmember Brenner asked that Item 7 concerning change of district for property at 706 Cowper, be removed, and also Item 15, concerning concessionaire services at the golf course. Counciline bsr Clay asked that Items 10, concerning a sign at 2800 W.Bayshore, and 12, concerning a license agreement on Art in Public Places, be removed. The following items remained on the Consent Calendar: 323 331 and 365 GRANT AVENUE AND 334 360 SHERIDAN AVENUE - APPROVAL rja.m.� .a. new zaw�r 1P? TO REVERT FIVE PARCELS, INITIATIVE OF THE PLANN ING COMMISSION The Planning Commission, by a vote of 6 in favor (1 absent) recommends approval of the initiative of the Planning Commission to revert five parcels known as 323, 331 and 365 Grant Avenue, and 334 and 360 Sheridan Avenue, and owned by the City of Palo Alto subject to conditions contained in the draft resolution. RESOLUTION 5428 entitled "RESOLUTION OF THE CITY OF PALO ALTO APPROVING THE TENTATIVE SUB- DIVISION MAP FOR PROPERTY LOCATED AT 323, 331, 365 GRANT AND 334, 360 SHERIDAN AVENUES AND GRANTING AN EXCEPTION . B° 578. 584 and 592 VISTA AVENUE APPLICATION CREATl TS FOR `ANAL CONDOMINIUM SUBDIVISION MAP Planning Commission, by a vote of 6 in favor (1 absent) recommends approval of the application of Creative Environments for a final con- dominium subdivision map at 578, 584 and 592 Vista Avenue. (Pile No. 121-7702, Tract No. 6114). 629 LYT"1ON-APPLICATION OP MASH' ASSOCIATES FOR TENTATIVE m-SCON 4E S47'BAxvIgr The Planning Commission, by s vote of 6 In favor (1 absent) recommends approval of the appliceticnl of Robert Medearis for aizashi Associates for a Tentative Condominium Subdivision at 629 Lytton, subject to the conditions contained in the staff report of June 24, 1977. 6111-616 FOREST AVENUE AND 701-"717 MUSTER STREET - APPLICATION OP PRR-RAMILTgN BUILD FOR EXTENSION - r Pig Commission by a vote of 6 in favor (1 absent) reds approval of the - application of per-Raedatou Building, Inc, , for a twelve-month extension of time to file a final subdivision sag for property located at 610-616 Forest AVOW* and 701-717 Webster Street. (File No. 232-7602) 24 7/18/77 OF JOSEPH. HIRSCN 3793 PARK BOULEVARD - APPEAL OF ROBERT MacMURRAY FROM THE DECISION TO DENY FR. LIMINA_R:' PARCEL MAP Planning Commission, by a vote of 6 in favor (1 absent) recommends approval of the appeal of Robert MacMurray from the decision of the Director. of Planning to deny a preliminary parcel map for property located at 3793 Park Boulevard. RESOLUTION 5429 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE PRELIMINARY PARCEL MAP FOR PROPERTY LOCATED AT 3793 PARK BOULEVARD, AND GRANTING EXCEPTIONS." PALO ALTO GOLF COURSE - SITE AND DESIGN REVIEW OF DRIVING RANGE (CMR:377:7) Planning Commission, by a vote of 6 in favor (I absent) recommends approval of the application of the City of Palo Alto for site and design review of a a Golf Course. 877 FOREST AVENUE - APPROVAL OF APPEAL O €LOYD LOWE THE DECISION OF THE 7.ONING ADM 1N STRATOR TO DEN APPLICATION FOR VARIANCE Planning Commission, by a vote of 6 in favor, (1 absent) recommends approval of the appeal of Floyd Loge from the decision of the Zoning administrator to deny an application for a variance at 877 Forest Avenue, 4149 GEORG IA - APPROVAL OF APP FROM THE DECISION OF TIE ZONING ADMINISTRATOR 77-171C6777=VARIANCE TO DENY Planning Commission, by a vote of 6 in favor (1 absent) recommends approval of the appeal of Joseph Hirsch from the decision of the Zoning Administrator to deny an application for a variance at 4149 Georgia, RE EST FOR TEERIIINATIOH OF CONTRACT I IA1, INI J ?RIBS C; Oh1AT I FOR 1NiSTRAT10a OF DEFFSRED CS*FEbWSATION P (CMM1:375:7) Staff is in agreement with the desirability and advantage of changing the currant plan structure and therefore recommends that Council authorize the City !tanager to terminate the agreement with Financial Industries Corporation. Desmunov OF THE ENFORCEMENT AGENCY AND A HEARING PANEL MANAGIMIENT IN THE CITY OF PALO ALTO i.M? x_.. AS 24l9„(CMI:359:7) FOR SOLID BASTE in order to comply with requirements of AB 2439, staff recommends that the City Council 1) Adopt the resolution designating the City Manager as the Enforcement Agency for non -health rel.rtted regulations, and the County of Santa Clara, Environmental Management Agency, Environmental Health Services, au the Enforcement Agency for health -related regulations for the City of Palo Alto; 2) Adopt the resolution designating the City Council as a peering panel to hear all grievances and appeals in regard to enforcement and permitting activities, with such grievances and appeals to be referred to the Policy 6 Procedures Cowmitee for their review and recommendations to the City Council; 3) Direct etaff to refer to the Policy 6 Procedures Committee the proposed revisions to Chapter 5.20 --refuse collection and disposal for review, comment and referral to the City Council for action. 1 RESOLUTION 5430 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DESIGNATING CITY COUNCIL AS HEARING PANEL UNDER THE SOLID WASTE CONTROL ACT OF 1976." RESOLUTION 5431 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DESIGNATING CITY ENFORCEMENT AGENCY UNDER THE SOLID WASTE CONTROL ACT OF 1976." RESOURCE AND ENERGY RECOVERY SYST -- AY R AL 'T FOR COORDINATOR (C<*MR : 3 70:7 ) Staff recommends that the City Council approve the agree1ent with Earth Metrics, Inc., in the amount of $38,400 for the period August 1, 1977, to November 30, 1978. AGREEMENT FOR PROFESSIONAL SERVICES —EARTH METRICS, INC. (Coordinator ---Interim Plan for Disposal of Solid Wastes) MASTER SOCIAL WORKER WITH POLICE DEPARTMENT (CMR:371:7) It is recommended that the City Council authorize the City Manager to sign a purchase order in the amount of $8,432, payable to the department of Social Services. The recommendation is in keeping with the expendi- tures authorized in the current budget, and the Council's action for funding during FY 1976-77. CONTRACT WITH SANTA CLARA COUNTY HOUSING :7) RESOLUTION 5432 entitled "RESOLUTION OF THE WUNCIL OF THE CITY OF PALO ALTO APPROVING AUNT NO. 2 TO THE COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE COUNTY OF SANTA CLARA.1° AMENDMENT NO. 2 TO COOPERATION AGREEMENT BETWEEN THE CITY OF 'PALO ALTO AND THE HOUSING AUTHORITY OF THE COUNTY OF SANTA CUBA. REVISION OP STABLE ORDINANCE moissa raeleore amew ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 6.24 (STABLES) OF TEE PALO ALTO MUNICIPAL CODE (First reading) MOTION; Councilman Eyerly moved, seconded by Brenner, that Council approve the ordinance, adopt the resolutions and staff recommendations and other items is the Consent Calendar. The motion passed unanimously. RETIREMENT OF TERM,l . N UNES (011067:7) Alfred lfitchal.l, City Controller, spoke sone wars words of appreciation for loo. Numes's sixteen years of service as secretfiry with the Controller's 2 6 7/18/77 office since 1961, and he wrote also, "...somehow the years have slipped away, and the time for covering the typewriter, closing the files, and putting Away the pencils is at hand." MOTION: Councilmember Henderson: moved, seconded by Fazeino, that Council adopt the following resolution: RESOLUTION 5433 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO THEM J. NUNES UPON HER. RETIREMENT." MOTION PASSED: The motion passed on a unanimous; vote. RETIREMENT OF MANUEL D. DARANG (CMR : 368 : 7 ) Bernard Pawloski, Director of Public Works, wrote that Manuel Darang was retiring after 22 years of service with the City. He had been one of the original workers on the beginning and maintenance of the municipal golf course —he had developed an artistic treatment of sand traps. In the future he planned to explore various local fishing sites. MOTION: Councilmember Eyerly moved, seconded by Carey, that Council adopt the following resolution: RESOLUTION 5434 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO MANUEL ii. DABANG UPON HIS RETIREMENT." MOTION PASSED: The motion passed on a unanimous vote. 706 COWPER STREET --APPROVAL OF APPLICATION OF I YNCg-i.A% L.ICI:-G? ARTAIN POR CHANGE OF DISTRICT Vice Mayor Brenner said that though she did not want to impede the project she did have in mind a possibility of improving the parking on the project. She asked Ken Schreiber, Assistant Planning Director, if he agreed that doctors and dentists required "double" parking since they usually had sa patient in the chair and the next patient wilting. Mr. Schreiber replied that though doctors required as much parking as other office occupants, he did not know if they required more. Florence Lynch, 707 Bryant, said that she would be pleased to have excluded frost the ordinance Section 2, 1(b) .run suggested by Vice Mayor Brenner. MOTION: Vice Mayor Brenner moved, seconded by Henderson, that Council approve the following ordinance for first reading, with Section 2, 1(b) deleted: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING AMENDING SECTION 18.08.040 OF THE PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY KNOWN AS 706 COWPER S`i'r FROM R-4 TO P -C, SUBJECT TO CONDITIONS. (First reading) MOTION PASSED: The ordinance with Section 2, 1(b) deleted, passed for first reading on a unanimous vote. 27 7/'18/77 2800 W. BAYSHORE ROAD-_ EQUIPMENT GUIDE �s..r���Rn�■ ��■rro BOOK COMPANY - APPLICATION FOR CHANGE OF P -C PEVELQPMENT PLAN Councilmember Clay said the application had been made for a thirty-five foot sign, which the Planning Commission had reduced to twenty-six and one-half feet, to be consistent with the L -M --S zone in that area. Councilmember Clay said the present example demonstrated to him that the sign ordinance had to be examined again. Mayor Sher asked if Councilmember Clay wanted to have the present matter of an application for a sign at 2800 West Bayahore Road held up until the sign ordinance had been reviewed, and he suggested Councilmember Clay might move the resolution re this sign and then take review of the sign ordinance up as a separate matter on the agenda. MOTION: Councilmember Clay introduced the following resolution and, seconded- by Fazzino, moved its approval by Council: . RESOLUTION 5435 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE 1889 TO MODIFY THE DEVELOPMENT PLAN FOR THE P -C DISTRICT KNOWN AS 2800 WEST BAYSHORE ROAD, SUBJECT TO CONDITIONS." MOTION PASSED: The motion to approve the resolution passed on a unanimous vote. C0UNCILKEMZER CLAY RE REVIEW imsrmamrt MOTION: Counc lmembee Clay, seconded by Carey, moved that the sign ordinance be referred to staff, Architectural Review Board and Policy and Procedures Committee, for review and recommendatiuif. Councilmember Henderson said he would oppose the motion. Re was satisfied with the ordinance as it stood. Re wanted to see what happened at the end of the seven-year amortization period on big signs. Mayor Sher said he favored dealing with specific problems, as in the cave of barber poles, but that discussion of the sign ordinance would be taking place too soon after the most recent discussion and amendments. Councilmember Clay said that one of several complaints from the business city had been that the ordinance did not take into account the nature of the business as well as its location. University Avenue had pedestrian trade ---El Camino more automobile passengers. Re thought those who were directly affected by the ordinance should be heard. Councilmember Eyerly said he would prefer to deal with "hardship" or specific problems, rather than re -opening the entire matter. MOTION FAILED: The motion to refer the sign ordinance to staff, Architectural Review Board and Policy and Procedures Committee for review and recommendation failed on the following vote: AYES: Carey, Fazzino, Clay HOES: Brenner, Eyerly, Fletcher, Henderson, Sher, Witherspoon 28 7/18/77 2 `' LICENSE AGREEMENT' --ART IN PUBLIC PLACES (CMR:374:7) Councilmember Clay observed that since the "Pedestrian Series" created by Greg Brown was artwork done for the City of Palo Alto with the aid of Comprehensive Education and Training Act (CETA) funds. Some adverse action might result from artist Greg Brown assembling a line of graphic presentations such as postcards and posters, to be sold for private profit. He said that with his present thinking he would oppose the license agreement, though he was open to being persuaded otherwise. Councilmember Eyerly asked Allan Longacre, Arts Department Director, for some background on the matter. Mr. Longacre replied that there was no precedent for a similar instance in another community, though he anticipated there would be in the near future. Artist Greg Brown was not a City employee any longer. Mr. Brown's energies would go toward producing the graphics, and the City, as owner of the copyright, would loan it to him for his efforts, and receive a percentage of the profits. The City would retain the copy- right. Councilmember Clay asked why the City had copyrighted the artwork Greg Broom had done on the various building walls throughout the City. Mr. Longacre said the City had done so to protect its interests, and to keep the artwork from being exploited. It had the same effect as a claim to land; if, for example, actors acted a ploy, the playwright received royalties for the use of Me play, it protected the owner's assets for up to 100 years. The artwork belonged to the City in this case because Greg Brown had been in the employ,of the' city w► eh he executed the art, Councilmember Clay said he thought the copyright protection was so marginal as to be insignificant. Mr. Longacre replied that if someone duplicated a piece of the art for a tee shirt, for example, and put it up for sale, the owner of the copyright could bring suit. Corrected Councilmember Witherspoon asked how an employee could ask to have See pg. 111, rights to work created while in someone's employ. 8/22/77 Charles Walker, Assistant City Manager, said that it was because the employer had an interest in the product the employee had created while in his employment. Mayor Sher asked if, in the case of an employee devising something useful not only to Palo Alto but also to other cities would that employee have the right to sell the idea elsewhere? Mz . Walker said it depended on the City's iutereat in the matter. City Attorney Booth said that it was usual practise for an employer to hold the copyright or patent to things invented on the employer's premises and on his time. The copyright not only protected the City, but also the artist. Mayor Sher said he thought it was the intention of the staff that Council make a general policy that evening that would apply to similar cases in the future. Mr. Wacker said he thought the City had very little economic interest in the work of Mr. Brown, the arrtist, whereas; Mr. Brown did. Therefore consonant with the methods of city government, Council approval was needs d. 29 7/18/77 Mayor Sher referred to the passage of the staff report which said, "Staff intends to use this agreement as a model should other works of art with commercial value be copyrighted by the City." Vice Mayor Brenner said she thought the commercial artist had less protection than other kinds of artiste had; she liked the wittiness of the artwork and thought the artist should receive some monetary reward. The natter should be separated from the issue of granting patents, she added„ She said she supported staff's request. Councilcdember Henderson supported the agreement because 1) Mr. Brown's artwork had brought the City good publicity; 2) there was no negative effect from the proposed use of the artwork; 3) there would perhaps be no commercial use unless Mr. Brown promoted it. MOTION: Councilmember Witherspoon moved, seconded by Henderson, that Council authorize the Mayor to sign the following agreement: LICENSE AGREEMENT - Art in Public Places - Greg Brown Mayor Sher said that perhaps Council would address each similar instance on a case -by --rase manner, for he did not think Council was establishing any general policy by its action. He thought copyrighting art and patenting processes were much the same thing. Co.:ntilm.ember Fazzfno asked if it would cost the City $617 for a copy- righting attorney every time a similar situation arose. Mr. Booth replied in the negative. Some unusual questions on matters on which the City Attorney's office had had no experience had required the services of a copyright attorney. A few questions had arisen from the circum- stances of the artwork being painted by a City em i oyee on City time on buildings not owned by the City and which could be painted over at any time --also the paixtinga were viewable 24 hours of the day, and so on. It did not seen likely that such circumstances would occur again, and experience gained in the present negotiations would also help in the future. MOTION PASSED: The motion that Council authorize the Mayor to sign the agreement to license ART IN PUBLIC PLACES, Artist, Creg Brown, passed on the following vote: AYES: Brenner, Carey, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Clay AMENMENT OF GOLF COURSE t_OFFF_ S C :562:6), (c fR: 379 : 7) Staff recommends that the City Council approve the following amendments to the Coffee Shop contract: 1) extend the date of the current contract by two additional years, with the expiration date of December 31, 1979; 2) establi.ah the City's percent of revenue from gross liquor s*lee at 8%. Vice Mayor Brenner questioned "the rather elaborate clubhouse" plan and asked if the decision to go forward with it had been definitely decided. She did not want to vote in favor of granting the liquor license on only inference that the clubhouse plan had been firmly adopted. Mr. Schreiber answered that the new clubhouse had received Council'e approval of the site and design in June, and part of the design had included a bar area. Because of potential budget problem the bar was 30 1/18/77 going to be treated as an "add-on" feature. Granting the licenae did not affect the fact of continuing to work within budget guidelines. Mayor Sher said that the Council had approved the building, but had not distinctly addressed the approprfsateneas of serving hard liquor as opposed to serving only beer and wine. If Council approved the license it would be agreeing to the way the proceeds would be shared. Vice Mayor Brenner said that she wee not ready to accept the idea of a bar, eupecially if it was not going to be within the budget. She said she would vote "no " Mayor Sher said the budget related only to the physical building --the staff report said Council had to approve the amendment so that the concessionaire could obtain a liquor licence within the allowable time. Council approval that evening assent, however, that if there was enough money to build the cocktail lounge herd liquor would be sold there. Charles Walker, Assistant City Manager, said that approval of the cocktail lounge had been somewhat implicit its earlier discussions of the planar in Committee. Obtaining the liquor license was in anticipation of having an adequate budget. If a Councilmember did not want a bar in the new clubhouse he or she should definitely vote "no." If a Councilmember wanted a bar but wanted to see ho -.r the budget carry out, he or she should vote "yes." Ken Schreiber said staff did not intend to create a large cocktail lounge area --both snack bar and cocktail lounge were intended to serve patrons of the golf course, not the general public. Individuals and clubs that used the golf course had indicated thMM improved facilities were desirable. Scott Catlett. Director of Recreation, said that for three years staff had anticipated authorization for the lounge, for it was not to be a bar. Councilmember Carey asked if it was expected that the applicant for the license, Mx. Fbance, would manage the facility. Mr. Welker replied that the current agreement did not so state; so far all was known'ir. Francais facility was eetisfaactory and they would want to continue with him. Councilmember Carey asked if Mr. Franca owned the license and would take it with him if he left. Mr. Walker said that Mr. Franca would own the license, and that he could transfer it for a fee. It would have no ',slue for him unless he had the facility it went with --the current agreement included a 3€i -day termination clause. MOTION: Councilmember Catty moved, seconded by Fazzino, that Council approve the staff recommendations and adopt the following amendment: AMENDMENT NO. 1 TO LICENSE ACREEMENT NO. 3797 - CCNCIESSIONAIRE SW€TCCS « MANUEL FRANCA Councilmember Carey ridded to Vice Mayor Brener that Council had debated the matter of the golf course clubhouse several times --the clubhouse would be beneficial to the City in the revenues it generated, and he did not wish to redebati the setter. 31 7/18/77 Councilmember Clay said that though the matter had been discussed at some length this would be the time to re -discuss it, for the license would be applied for on the assumption that there would be a place for it to be used for the next two years. He thought that approval of the amendment ought to also endorse the concept that there be a bar in the clubhouse. Councilmaember Henderson said he did not think he would have supported anything further than the sale of beer had he been on the Council, though he was not inclined to undo the results of earlier discussions. He recalled that the budget had been increased considerably beyond what the revenue bonds would produce, at some cost to the City, he suspected --- and he didn't particularly want that. He asked if there would be another vote on that consideration, or was it all set to go forward if it could be time within the budget? If it were all set, he said, he would want Mr. Franca to have a license and he would then support the amendment. Mayor Sher said he did not recall that the question of whether or not there should be a cocktail lounge was ever explicitly discussed, but it was mentioned as a source of possible increased revenue. The staff had said the lounge was designed to serve golfers, and was not designed to attract the general public. He asked Mr. Schreiber if that circumstance was to be reflected in the design of the lounge area:. Mr. Schreiber said the public could not be kept out if it wanted to stop there, but that the small area would not handle many people. Mr. Franca had operated the coffee shop about one and ore -half years; he had had the assumption that he would try to obtain a liquor .license, which was a long and tedious process, and "...operating a restaurant on $100,000 gross doesn't leave very much profit." Mr. Schreiber said that Mr. Franca had provided quality service and food, in anticipation of obtaining the liquor license. Mr. Schreiber said he would be concerned about the City maintaining a snack bar operation without the operator having the potential of income from the liquor license. CounciImember. Eyerly said he recalled discussing the space that would house the bar, and that it would be eaall, The "add-on" extra question in the Finance and Public Works Committee discussions was whether or not the City would be able to outfit the lounge. That discussion was recorded in the Finance and Public Works Committee minutes, which were before Counciite®bere before they voted approval to go ahead with the clubhouse project. He said he was ready to vote in favor of the agree- ment. Councilmember Carey asked his second's approval "to tack on another sentence to my motion," which would state that implicit in the passage of the amendment to license agreement Mo. 3797 is approval of the concept of a small hoar/lounge catering primarily to golferea' patronage, subject only to any extraordinary cost of installing such a facility. Mayor Sher asked if the intent was related to the adze of the bar, or that the additional sentence was meant to make the bar contingent on available financing. CouncilmeMber Carey said both considerations were intended for the sentence dealt with policy. 1 MOTION PASSED; The motion that Council approve the amendment to the license agreement, and that implicit in passage of the amendment was approval of the concept of a small bar/lounge for golfers, subject only to any extraordinary cost of installing such a facility, passed on the following vote: AYES: Carey, Clay, Eysrly, ?assino, Fletcher, Sher, Witherspoon NOBS: Henderson, gear 32 7/18/77 2'- CAMBRIDGE AVENUE PARKING GARAGE REPAIRS (CMR:366:7) Mr. Walker said that it was best that the work be done on this project during warm weather and that the California Avenue Area Offstreet Parking Maintenance District had been assessed $12,548 for the repairs for FY 1971--78. Councilmemher Henderson asked if there had been only one bid on the job. Arthur Reschke, Manager, Public Works Engineering, Laid the work was highly specialized, and that this was a busy time for such contractors. A second bid had been submitted rive minutes late; also, the messenger had opened the bid, and it was found to be $150.00 higher than the low bid Counciiinember Henderson asked why it was necessary for the City to advance the funds. Mr. Reschke said the City was advancing funds on all maintenance, a new procedure Council had set up about three months ago. They would recover the funds later. Mr. Walker assessment approved. said it was a fairly standard procedure, particularly when district projects eight be initiated before the funds were The City would get the funds during the fiscal year. MOTION: Councilmember Witherspoon introduced the following ordinance, and moved, seconded by Clay, 1) that Council find, by motion action, that this project is categorically exempt from the requirements of the California Environmental Quality Act of 1970; 2) that the Mayor be authorized to execute a contract with Coastal. Coating Company, Inc., in the amount of $11,043,00; 3) that Council approve the attached budget amendment in the amount of $12,500.00 which provides for a construction contingency of $1,457.00 - ORDINANCE 3000 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 1977-78 TO PROVIDE FUNDS FOR REPAIRS TO THE CAMBRIDGE AVENUE GARAGE." MOTION PASSED: The motion that Council approve the ordinance and the staff recommendations passed on a unanimous vote. WATER RESTRICTIONS AND MANDATORY I*TEA RATIONING (CMR:37 : AND nS ATI.ON RATIONING PLAN C HEARING :343:7) MOTION: Councilmember Carey introduced the following ordinances and moved, seconded by Witherspoon, their approval together with staff recommendations, by Council: ORDINANCE NO. 3001 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 1977-78 TO PROVIDE FUNDS FOR THE LMPLEXNTATIOB OF A PER CAPITA WATER RATIONING PROGRAM AND TO ADD ONE ADDITIONAL CUSTOMER SERVICE CLERK POSITION TO THE TREASURER'S OFF ICE . " Staff recommends that the City Council pass the mmsndaent-to Ordinance 2979 as originally proposed by staff, and approve the attached budget ordinance which provides funds to develop a par -capita plus landscaping mendstory rationing plan, and to add a regular employee to the Treasurer's office. ,.r 3 3 7/18/77 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SUBSECTION 3 OF SECTION I OF ORDINANCE 2979 RESTRICTING CERTAIN WATER USES." (First reading) Staff recommends 1) that Ordinance 2979 be amended to allow for hot tubs or therapeutic pools of less than 1,000 gallons provided they are equipped with a ccver and a drainage feature so that discarded water can be used for irrigation; 2) Council pass a resolution amending the Utilities Rules and Regulations to include the modified staff plan (attached Utility Rate Schedule W-6) to become effective July 1, with fines and penalties to be assessed beginning with the first billings in August; 3) thet if the council decides that the per -capita plus square -foots ge plan is a better plan for the City, that the following be done: . The staff plan be enacted for the present time because it will take three months to put the per -capita plan into effect, and these are the highest water usage months of the year. . That staff be directed to process hardship applications in the three-month interim according to the per -capita formula. . That staff be directed to take the necessary steps to put the plan into effect, which would includes returning with a budget amendment as soon as possible and with an amendment to the rule and regulation passed tonight which would reflect the per -capita formula. This formula could be modified, it. necessary, to reflect the actual data received, and would be passed to become effective September 1, with penalties assessed according to this plan beginning with the first billing in October. Councilmember Fazzino expressed the wish that the position as additional customer service clerk be kept at a temporary status. Jim Hudak, City Treasurer said that Council -established policy was that a temporary position be no longer than eight months, and a regular position wee needed, for calls coming into the office had increased 60 percent, and November WAS one of the busiest months. Count:ilaember Fazzino noted that the staff report said the need for the additional position was to be reassessed when the water -rationing plan was terminated. Was itto be reassessed on the water -rationing plan only, or other needs that might arise? Mr. Hudak replied that the position would be reassessed on the total needs in the office --utility rates had increased and customer awareness of conservation as veil. All four lines were often busy in the Utility Department. The cost figure for the position of $15,000 included all employee benefits, which constituted about $2800 of the total. The department had had temporary help for about eight months, and Council policy dictated that the position be either terminated or made permanent. Councilmember Clay said that an exception to Council policy could be made to continue the temporary job, on the assumption that, the drought would end somst: ime . C1,.arles Walker, Assistant City Maxnager, said the temporary employee could continue to do the same job. One of the reasons the natter was before Council was so that the position could be questioned on next year's budget ---otherwise the position could be left as "casual" employee, and the stetter mould not cows before Council, It was before Council so 34 1118177 that the employee would receive equitable treatment. Council could include in its motion to approve the position the review of it after the rains began, the review to occur at budget time. Councilraembers Carey and Witherspoon agreed that such review be a part of their motion, Mayor Sher said he would separate the vote on Ordinance 3001 into two parts, the first part of the arotiora required a vote of six in favor. Councilcaemher Henderson asked if the $8000 for data collection would fill, part of the cost of going to the quota basis of water rationing -- would $8000 of the required $10,000 for data collection have been covered? Mr. Walker said that the initial mention of $10,000 had been conjectural on the basis of what it had cost Marin County. The figure of $8000 was a detailed estimate based on what had to be done, and it would pay all the expenses of going to a per --capita plus landscaping system. Council would not be asked to approve additional funds later. Councilmember Henderson said he supported the quota basis, and if allocating the $8000 would lean; to it he favored it. He felt that decisions about the number of employees in a department were a budget consideration to be taken up in the spring. He did not see the position as permanent, Manor Sher asked if Mr. Hudak or Mr. Walker would like to address the question of casual versus regular employees, and their reasons for thinking it would be appropriate to turn the casual into a regular employee. Mr. Walker said that there bad been problems with casual employees having worked from five to eight years, particularly in the Social Services Departent. A comprehensive "Casual Employee" study had been done and sent to Council and it had been reviewed in Committee and adopted as a policy. The Committee recommendation had said that to be e casual employee a person must work less than eight mouths in a twelve month period, or work oo more than twenty hours a week: therefore e person could he half-time or less, indefinitely, or work full time for eight months or less. la the case of this employee there had been eight months of work. Perhaps if it rained the person would not be needed any more. The present employee was not eligible for vacation under the present circumstances, nor for any benefits. A Housing and Rehabilitation employee had also been working for two years, and, as in the case of the Utility Department employee, staff thought the person should have some of the benefits of regular eaptoymett. If such an employee did go into a f ullt ime position with the City, and become eligible for retirement, the years as a casual employee would not go toward hie retirement benefit. Mir. Hudak said that until it was, known what the snow pack in the Sierras was the employee would be needed for calls, and even so the employee would be needed for 22 months, for the reservoirs would not immediately be filled to capacity, and the City would remain its a rationing mode. Robert Mark, 725 Cowper, favored having the employee receive the benefits of a full time employee, and he said he thought the needs for conservation would be long-term, for both water and energy, and that the City should make a' commi teen t by having a f u1l t rose employee. . Mayor Sher called for the vote on the first part of the amendment ccn- cerning the $8000 appropriation, which required six voter. He explained that he mould vote against the motion because he did not think Council 35 7/18/77 should approve expenditure for the per -capita plan since staff favored the quota plan until further cuts in allocation were made by the City of San Francisco. He felt that if such cuts were made the City could have the time .lag needed to make the census. He reminded Council that six votes were needed to pass a budget amendment. FART I OF MOTION FAILED: The motion that Council approve the budget amendment to provide for implementing a per capita water rationing program failed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Henderson NOES: Fazzino, Fletcher, Sher, Witherspoon Councilmember Carey indicated his desire to speak to the motion. Mayor Sher said that since he was on the prevailing aide he would move that Council reconsider so that Councilmember Carey would have time to rebut. He had not meant to take Councilmember Carey by surprise with his last remarks. MOTION TO RECONSIDER: Mayor Sher moved, seconded by Eyerly, that Council reconsider the motion on Part 1 of Ordinance 3001 concerning the $8000 appropriation for implementing a per capita pater rationing program. The emotion to reconsider passed on a unanimous vote. Councilmembee Carey said Mayor Sher's words bad caught hire by surprise and he recalled that ex--Councilmember Comstock had reasoned out why the per -capita method of water rationing was the most equitable. He himself felt that the survey should be done now for if the drought continued they would want to be able to switch "almost immediately" to the per capita formula. Councilmember CJ.ay recalled that about 75 percent of the public speakers had favored a per -capita formula and Council had voted in favor of the concept of per -capita rationing when needed. Councilmember Fler._her said she remembered Mrr. Hudak saying that the per -capita system did not conserve more water and so she did not think the switch to per -capita was particularly effective, and the question vas one of expenditure rather than conservation. Councilmember Carey said that if the drought really began to pinch the per capita plan was, in his opinion, inherently more equitable. Councilmember Fletcher asked Mr. Hudak if the costs of dealing with hardship cases were much different fro switching plans. Mr. Hudak said that the City had already dealt with. ;59 hardship cases to date, 70 percent had been residential. One problem of taking a census now to be applied later was that the numbers fluctuated, and about one-third of utilities customers changed to a year. Keeping the census data up-to-date could be expensive but it could be done. Vice Mayor Brenner asked if the current system would work as well if the drought situation worsened. Ht. Hudak replied that if the cutbacks grew to 50 or 60 percent staff "would probably recommend an per -capita system" for citizens become more critical of the system. Vice Mayor Brenner said that she thought that though it was a "slight gamble" to apend $8000 for the census, if the severe cutback cane it would be wise to have the data. She :supported the motion amending the budget to proceed with the census, 36 7/18/77 Councilmember Fazzino asked how long the proposed census would take. Mr. Hudak said that much preliminary work had been done, such as kinds of material and made of mailing, and he thought cnly two more months would be needed. The City would know well in advance if there were to be more severe cutbacks, and they could come to Council for the budget amendment when it was known --in that way the information gathered by the census would be current. Councilmember Henderson said he favored the per -capita formula: would that formula be facilitated most by providing the funds now or to wait until notification of further cutbacks in water had been received? Mayor Sher said he thought that when notice of further cutback was received would be time enough to take the censua, and that the informa- tion would also be more up-to-date. He said Council had previously been through the information twice. PART I OF MOTION FAILS: The motion reconsidering the matter of adopting a budget amendment appropriating $8000 for implementation of a per capita water rationing program failed on the following vote: AYES: Eyerly, Carey, Clay NOES: Brenner, Fazzino, Fletcher, Henderson, Sher, Witherspoon PART IT OF MOTION PASSES: Part II of the motion, adding the position of an additional clerk in the Utility Department passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fletcher, Henderson, Sher, Witherspoon NOES: Fazzino Mayor Sher noted that explicit in the motion was the understanding that the additional fulltime position would be reviewed at budget time. He added that Ordinance 3001 would be amended by the City Attorney to rive references to a per capita water rationing program. Councilman Eyerly said that the ordinance before Council would amend Ordinance 2979 and he read from the proposed amendment Section I, paragraph 3C: Swimming pool permits shall be granted upon certification by the applicant that the pool shall be filled and maintained with ocean water. Councilmember Eyerly said that the County Health Department had said that due to lack of control the use of ocean water in pools could not be sanctioned, though, he favored giving the building industry the opportunity to build swimming pools. AMENDMENT: Councilmember Eyerly moved, seconded by Carey, that Council adopt the ordinance for first reading with the following change in Section. 1, paragraph 3C, saying "Swimming poops shall be granted upon certification by the applicant that the pool will not receive final finishing or be connected to the water system or be filled with water."' Councilmember Eyerly said it was a good time to build swimming pools at present prices and he did not want to penalize the swimming pool industry. Mr. Hudak said that the ordinance was presented tonight for second reading and originally bed' appeared before Council on June 20. Staff had recommended that the permission to fill with ocean water be deleted. Councilmember Eyerly's amendment tonight represents what staff would do anyway on a ease -by -case hardship basis. Council could decide that policy, but staff was reluctant to put it in the ordinance because for people to build pools vas *11 right, but if they filled them the fine was only $50.00. Councilmember Clay asked why there was a prohibition on using ocean water in pools. Mr. Hudak said it was illegal to use ocean water in a public pool, such as at a condominium; a private residence owner could build a pool and fill it with ocean water, however. If the pool were coot filled a plastic liner could possibly crack, though, with present method of construction which io.cluded a relief valve, the pool structure itself would probably not crack. Vice Mayor Brenner said that she favored the staff suggestion of handling pool construction on a case -by -case basis, rather than giving blanket permission to build pools though permission to fill them was prohibited. Mayor Sher said he would call for the vote on the proposed amendment. AMENDMENT FAILED: The motion permitting pools to be built but not filled failed on the following vote: AYES: Carey, Clay, Eyerly, Fazzino NOES Brenner, Fletcher, Henderson, Sher, Witherspoon City Attorney Booth ruled that the ordinance would require another reading. MAIN MOTION PASSED: The motion approving the ordinance for first reading, but deleting paragraph 3C allowing pools to be filled with ocean water, passed on a unanimous vote. Councilmember Henderson said that when Council returned from recess he would move that Item 25 concerning the rescinding of Resolution 5382 permitting the building of a parking structure at 101 Alma be saved forward. Mayor Sher said he would entertain that motion. He said Council had to have a brief Executive Session of ten or fifteen minutes. Council recessed from 9:45 to 10:10 p.m. C0UNCILME3 BER HE"1+DERSON RE 101 ALMA MOTION: Councilmember Henderson moved, seconded by Fletcher, that the matter of rescinding Resolution No. 5382 re 101 Alma be moved forward on the agenda. MOTION PASSED: The motion to bring the item forward passed on the following vote: 1 AYES: Brenner, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES: Carey, Clay ABSTAIN: Eyerly Councilmember Eyerly said he would abstain from the discussion since he was a resident at 101 Alma. Couuciimember Henderson said he hoped that Council did not have to have a great deal of repetition on the matter. New members had received a condensation of the material from Joyce Fishman containing information on the matter up to now. He expressed "amazement at some of the actions 3 8 7/18/77 that have been taken by the Council, first in approving the project at all, and second, in refusing to place the referendum on the ballot." There had been opposition by the public, by the people who signed the referendum petitions, the Planning Commission and the Architectural Review Hoard (ARB). Only the City Council had supported the project. The 101 Alma structure was a negative factor to ite neighbors, and "to impact the neighborhood even further with the proposed garage is uncon:-:. scioaable." if additional enclosed parking were so necessary he suggested putting it on the south side of the building where there were 15 spaces at present, or on the north side where there was a _putting green. If Council did not rescind the resolution he asked the Mayor if he could have the floor again later to move to place the issue on the ballot. He said he disagreed with Mr. Booth's opinion that the issue was not referendable. He fully supported acceding to the desires of the petitioners of putting it on the ballot. MOTION: Councilme ber Henderson moved, eeconded by Pletcher, that Council rescind resolution 5382 applying to 101 Alma. Mayor Sher aaced City Attorney Booth if a simple majority vote operated to rescind an adopted resolution. Mr. Booth answered that he thought resolution 5382 should be rescinded by resolution, for a land use chatter was involved which was within the field of zoning, which meant five votes were needed to pass the action. Robert Biorn, 360 Kellogg, attorney for the Board of Diaectora of 101 Alma, pointed out that numerous presentations had been made for both sides of the question. He objected to the assertion that the materials received by new Councilmembers vete "a full and complete representation of both sides of this issue" ana that the three new Councilmembers had the complete background. He thought most or all of the previous Council had actually visited the site, and had seen mockups of the proposed structure. He felt that to rescind the resolution without new Council - members having a full review would set a bad precedent for future acts by the Council. Since the time City Attorney Booth had given the previous Council a full report on the referendability of the matter, opponents of the proposed structure had filed a lawsuit with Santa Clara County which asked the court to review the City Council's. decision, and to determine if the City Attorney had been correct. He felt the appropriate place for the decision to be made was in a judicial body, and not the legis- lative body of the City Council, which had taken the action in the first place. The matter came up in Court on Monday, July 25. He favored the decision being made by the Superior Court of California. Mr. Biorn thought the cumbers of people benefitting were significant-efive neighborhood families, as opposed to about 100 families at 101 Alma, which he thought had influenced the previous Council's decision. 101 Alas had been in its location for about 20 years, and was a portion of the neighborhood. Ralph Gallagher, 220 Montgomery Street, San Francisco, appeared on the part of the petitioners. Legislative was equal with the judicial part of the goverrent, and legislators had equal responsibility to act responsibly and not enact legislation the legality of which was to be decided later by the judicial branch of goverment. Alternative One was to place the matter on the ballot; or Council could wait until Monday for the judicial decision on the referendabili.ty. Also Council could rescind the matter ---it was Council's legal right. Mr. Gallagher held ' the proposed project was "not a were minor change in toning," but a major change in policy. He observed that if there was any question of whether or not there vee m right for referendums the doubt should be in favor of the voters --the right for referendum was not greeted "by grace of Council" but was embodied in the State of California constitution. 39 7/18/77 If Council decided to rescind the resolution the matter would be with- drawn from the Superior Court, and the matter could be put propevly on the ballot that very evening. Though only five families lived in the area affected by the proposed garage, many other people had felt strongly enough about the matter to include their names on the petition to put the matter on the ballot. Zoning matters affected the entire population of the City. Joyce Fishman, 180 Emerson Street, gave her reasons why the neighbors wanted the Council to rescind the resolution permitting the construction of the garage. 1) The structure was too close to the property line; 2) The proposed building of the structure was inconsistent with the Compre- hensive Plan; 3) What sun remained would be cut off from homes and gardens. She said she thought it was her constitutional right to refereed matters which affected her well being, as did the proposed structure. She referred to Section 18.99 of the Zoning Code, drawing attention of Councilmembers co Section 18.99.030, "The applicability of the chapter." She read the passage: No application shall be diverted for adminis- trative approval hereunder if any of the following conditions exiet...In the opinion of the Director of Planning the proposed change is, or will be, controversial." She said the Section should not be used if the section was going to be controversial. She referred to an October 26, 1976 letter to Courci?membea Eyerly from Mr. Knox of the Planning Department which said the matter was controversial. She read from the letter to confirm her point that the section was not to be used, and gave the dimensions of the proposed structure to illustrate how imposing it would be. Robert Moss, 4010 Jrme, responded to an earlier speaker, Mr. Horn. Mr. Moss said that the Constitution said that sovereignity rested with the people. Council could decide itself the disposition of the issue, rather than turn it over to litigation. He hoped that they would do so. Jean Glaes, 312 Emerson, spoke as a member of the Creekside Neighbors association, who, she said, would like to see more neighborliness. Neighborliness was not available from "the conglomerate, 101." She pre- ferred that Council settle the issue, and use the court as last resort. She said the Creekside Neighbors would prefer not to have to go again outside the perimeter (of the neighborhood) to gain support for their side of the issue. Mayor Sher alluded to a procedural error made in moving up on the agenda the 101 Alma matter, for it had required a unanimous vote, which it did not receive. He received concurrence from Councilmeabexs Clay and Carey, dissenting votes, that Council proceed with the matter since they had eta: ted on it. Councilmember Fazzino asked Mr. Booth what the situation regarding 101 Alma was in the court. 1 Corrected See pg. 111, 8/22/77 City Attorney Booth replied that as was the case in any writ of mandamus case the court had issued an alterative writ which directs the Council to either rescind the resolution, place it on the ballot, or explain to the court why it had not done so or did not have to do ao. If the Council did not act that evening or shortly thereafter the court would decide the matter. If the item were continued or was otherwise actively before Council the court would not settle it. Vice Mayor Brenner said she had followed the Planning Commission's deliberations on 101 Alma and also those of the ARS and she had also visited the site. She was surprised at the former Council's decision to pewit the structure. The Garden City concept under which the structure at 101 Alma had been permitted, had been justified, but it did not apply to the structure proposed at 101 Alma. She said she supported rescinding the resolution. 4 0 7/18/77 q Councilmember Fletcher said that if the resolution were rescinded that need not wean there would be no parking section for there were alternative sites available on the property. She said that detached garages in property zoned for apartments were to take no more than 50 percent of the rear yard, and had to have a setback of at least six feet. Councilmember Carey observed how leech material on the 101 Alma case the Council had listened to and nothing new had come forward --there were new Councilaembers, however, but that did not change the material. When the court decided on the referendability of the issue Council would have new material to consider. There was also a burden on the applicant to reassemble all the material again which had been presented earlier. He thought reconsideration ought to be postponed until the court gave its decision. MOTION TO TABLE: Ccuncilmenber Carey moved, seconded by Witherspoon, that reconsideration of the 101 Alma parking structure be tabled. MOTION TO TABLE FAILS: The motion to table failed on the following vote: AXES: Carey, Fazzino, Clay, Witherspoon NOES: Brenner, Fletcher, Henderson, Sher ABSTAIN: Eyerly Counciimember Fazzino expressed frustration about the situation and the equal legitimacy of the wishes of both sides, one for parking and the other against a sense of encroachment. He was not sure he had heard all the facts needed to vote for rescission that evening. At the present he thought it would he beot to leave the matter with the court with the issue to return to Council. He said he would vote against the motion to rescind. Councilseeciber Henderson concurred with Councilmember Fazzino that he did not believe in undoing past decisions ---he himself would not have taken the action were it not for the referendum and the lawsuit. He reviewed the dictum of the court, and he did not support the position the City would have to take were the utter to go to court, and if he did not favor rescission he would in effect be saying he did not think the issue should be placed on the ballot. The situation was unique. Mayor Sher voiced reluctance to review items previously dealt with by the former Council. However, this matter was still pending and had not been dealt with because of the circulation of the referendum petition. He recalled that on the former Council he had voted to rescind, and he would find it difficult to vote against now for what he had once voted for. For those reasons he supported the motion to rescind. MOTION TO RESCIND FAILS: The motion to rescind the resolution that permitted the construction of a parking facility at 101 Alma failed on the following vote: AYES: Fletcher, Brenner, Henderson, Sher NOES: Carey, Clay, Fazzino, Witherspoon ABSTAIN: Eyerly Corrected Couicilmember Henderson *eked if City Attorney Booth would rule illegal See pg. 111, s vote by Council which would place the matter on the ballot. 8/22/77 4 1 7/18/77 Mr. BooTh said he would still have said that since the trotter was admini3!:rative it would not appropriately appear on the ballot, and that he would have reccmmended that Council not do so. He did not however, think a court would interfere if Council pieced the issue on the ballot. Councilmember Henderson said he thought that with the petition asking that the matter be put on the ballot Council "...obviously had that obligation to do so." MOTION: Councilmember Henderson revved, seconded by Fletcher, that the utter of provision of a carport at 101 Alma be placed on a City -amide ballot at the earliest date presently scheduled for a City-wide election. MOTION TO CONTINUE: Councilmember Fazeino moved, seconded by Carey, that the item be continued until after the court had ruled on the matter. Councilmember Fazeino asked that Councilmembera Fletcher and Henderson consider the content of his motion, for he felt it would provide the only way to have the issue return to Council. Councilmember Witherspoon confirmed that the next scheduled election was in March of 1918, and would it be possible to do something earlier. Hr. Booth said that Council had no obligation to gall a special election. Councilmember Witherspoon asked the cost of placing an item on the ballot. Mr. Booth said that City Clerk Ann Tanner had said a special election cost "around $30,000." City Clerk Ann Tanner said that if the issue were consolidated with the School District election the cost would be between $15,000 and $20,000. Costs in the general municipal election that year had increased almost 33 percent over the costs of two years ago. Vice Mayor Brenner regretted that the only choice seed to be to put the matter on the ballot. She would support that position. qtr. Gallagher, attorney for the petitioners to place the tatter on the ballot, said that if Council wanted to act before the Monday of July 25, they would take the matter off the court calendar. He was also -willing to asked for a delay 1f Council wanted more time to make a decision. Councilmember Clay confirmed that the motion was to continue the matter until after the court had heard it. Since it had been a political decision Council would get the matter back irrespective of whet the court said. He would vote for continuance since he wanted new Council - members to learn more about the matter if they chose. Mayor Sher asked if Councilmember Fazzino had moved for continuance to permit new Counciltt ers to learn more about the issue. Councilmember Fazziao responded in the negative. He had moved to continue heceuse the matter was only a few days from being heard; then, implicit in his motion, was hi.s willingness thee Council would look at the entire issue again. Councilmember Fletcher said she opposed the motion regardless of what the court decided -if over 1000 residents wanted to have a voice in it she was for putting it on the ballot. 4 2. 7/18/77 Councilmember Carey said he did not belittle the number of supporters for the opposition but that nothing in the town. was unanimous. Within a couple of weeks there would very likely be a debatable issue with new facts, which he thought more appropriate. He would vote for continuance. MOTION TO CONTINUE FAILS: The motion to continue the smatter of building a parking structure at 101 Alma failed on the following vote: AYES: Carey, Clay, Fazzino, Witherspoon NOES: Brenner, Fletcher, Henderson, Sher, ABSTAIN: Eyerly Councilaember Fazzino said that he supported in concept the peoples' right to refereed; and some sound questions had been raised about putting the matter on the ballot, yet he first wanted to hear what the court decision would be. MAIN MOTION: The motion that the issue be put on the ballot failed on the following vote: AYES: Brenner, Fletcher, Henderson, Sher NOES: Carey, Clay, Fazzino, Witherspoon ABSTAIN: Eyerly Mayor Sher clarified that in the matter of voting to bring the matter forward he had learned he did not make a procedural error --the informa- tion about which motions were wrong was itself in error, Hr. Booth had pointed out to hire that under Municipal Code Section 2.04.Ob0a the matter could be moved forward by a majority vot.e. NORTHERN CALIFORNIA POWER AGENCY CALAVERAS HYDROELECTRIC I'ei3JECT (C'I^LR:373:7) Ed Aghjaysn, Director of Utilities, said that the Northern California Power Agency (NC''A), of which Palo Alto was a member, was looking into the feasibility of a hydroelectric project in Calaveras County on the north fork of the Stanialaus River. At present NCPA has sighed a memorandum of agreement with the Calaveras County Water District to develop the resource. Some initial expenditures and an environmental impact report had to be made before entering into a decision to proceed. NCFA and Palo Alto had, throughout the initial planning stage, (several places at which it could withdraw its interest. There wee enough money currently in the NCPA budget to fund 00,000 of the $165,000 that would be needed through August of 1977. The additional $105,000 would be raised by special assessment with Palo Alto's share to be about $26,000 Staff requested authorization from Council to draw the looney from the Electric Utility reserve fund. Con nci1member Eyerly are representative to the NCPA for Palo Alto, added that he vas in complete sgreenent with the project, as did staff. NCPA had not had "too much" success within the development fund with the geothermal projects. Palo Alto bad been excluded, and they had about a Corrected 9 percent interest. Since the project with C 1everas hydroelectric was Set pg. 111, a water project, Palo Alto vas able co get into the general membership 8/$2/77 of NCPA for poNer purchase contracts and it had a 23 percent factor, a matter which pleased both him and the staff. it WAS a long-term capital improvements investment, all the more inviting for that reason. The project tied in with anticipated needs for the mid -1980's when Central Valley Power (CVP) began to run out. Though the Calaveras Hydroelectric 4 3 7/18/77 rates would be higher, it was anticipated that CVP rates would also rise within the next year, which made the Calaveras Project power costs very much in line. As Mr. Aghjayan had said, the City had "...a number of off -ramps before the project went to bonding," but the project looked very viable. A NCPA committee had bean set up to supervise the progress on the project, two sabers from Santa Clara and Palo Alto, two from the Calaveras Water District, and one outside person --he thought it would be an easy committee to work with. Councilmember Eyerly thought Council owed the staff thanks for steering Palo Alto back from having only a 9 percent interest to the 23 percent interest in the hydroelectric project --the legal department had helped at well. If Council decided to vote the ordinance in, the ordinance was a budget amendment and he reminded Council that a budget amendment needed six votes to pars. MOTION: Councilmember Eyer.ly introduced the following ordinance and moved, seconded by Clay, that Council approve it and the staff recom- mendation that if NCPA elects to move ahead with the Calaveras project based on favorable indications for its Federal licensing and economic feasibility, that the staff be authorized to pay the City's assessed share of the costs for the new Tudor Report and the project's initial planning program out of the Electric Utility Reserve Fund. Accordingly, staff recommends Council approval of the attached ordinance amending the FY 1977-78 Electric Utility budget by appropriating $24,066 from the Electric Utility Reserve Fund. As the project progresses toward the construction stage, and assuming satisfaction with the proposed project, the staff will seek Council's approval to enter into a pawer purchase agreement and to finance the balance of the City's development fund obligations for the Calaveras Project from the Electric Utility Reserve Fund. ORDINANCE NO. 3003 entitled 'ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING fl1E BUDGET FOR THE FISCAL ?FAR 1977-78 TO BSTAELIISR AN APPROPRIATION FOR PRELIMINARY PLANNING AND FEASIBILITY STUDIES OF A HYDRO- ELECTRIC GENERATION PROJECT BY THE NORTHERN CALIFORNIA AMER AGENCY AND THE CCALAVERAS COUNTY WATER DISTRICT." Councilmember Henderson said he had noted that the report said con- servasti.on groups had vigorously opposed the project which had caused the Sacramento Mui cipal Utility District to drop out of the project; he asked what proof Council had that the project was now environmentally acceptable Mr. Aghjayan maid that there was no proof that the project would be environmentally acceptable, for that could be known only when reactions to the EIR were given. He said he understood that of the several environmental groups that had shown interest_ in the project, one or two of them had thdic sted that the scale of the project was acceptable, because the tunnel had been eliminated. The money that was being put out was "risk money.' for a $150 million project, Palo Alto's 23 percent of the power would be 75 kilowatt hours (kwh) a year at a cast to the City of over $2 million beginning in 1984. The project waa for from 20 to 40 years, and the amount of money was a sizable investment. The City, in view of the size of the project, knew that it would be putting forth some risk money to determine the feasibility of the project, and to see if the project was suitable and to try to make the project accept- able, Possibly the project, sight prove not to be acceptable, and would "go down the drain" but mo far it vas as good a project as staff had ever had "in front of MCPA and it's one that's north the investment that we're talking about right now." 44 7/18/77 Councilmember Fazzino asked what percent of the City's power the project would provide after 1984. Mr. Aghjayan said that the peak demand of 23 megawatts compared to a current City peak of about 145 megawatts to about 210 megaewstts in 1984 —amounting to about 10 percent of the total requirements. The electricity thus available would provide from 2 to 3 years' growth. Councilmember Fazzino asked if the issue had been discussed by the Finance and Public Worka Committee. Mr. Aghjayan said that several hydroelectric projects had been discussed in the Committee in the context of the Electric Utilities Reserve Fund, and that this was one of the projects which they had indicated some develcpment money would be needed for. Before Utilities asked Council to sign a sales agreement to purchase power from the proposed project staff would ask the Council to refer it to the Finance and Public Works Committee. Vice 4ayor-Brenner inquired if Tuolumne and Alpine Counties were partici- pating. Mk. Aghjayan baid all of the power from the project would be purchased by NCPA, who were the financial backers of the project. The two counties mentioned were intervenors in the case before the Federal Power Commission -- he said he did not know whether or not they would be receiving any water from the project. Staff would apprise Council what the sentiments of the various parties in the development of the project were. If one of the parties was not being treated fairly they had reccurse before the Federal Power Commission as well as the courts. Vice Mayor Brenner asked what the Department of Fish and Game thought of the project. Mr. Aghjayan said that he understood that Fish and Game had to issue a permit in connection with the project --the approval of dozens of agencies was needed for the project, each agency concerned with its own field of interest. The dam would be paid for by revenue bonds issued by Calaveras County Water District, the bonds to be secured by an agreement with MCPA to purchase all of the power thus generated ---in that way the revenues generated would pay for the project. Councilmember Brenner asked if there were any estimates available on how such the power would cost Palo Alto, in contrast to what the power would cost from PG6E, far exile. Mr. Aghjayan said that currently the City was estimating the coat at between 30 and 35 mills per kvh in 1984 —estimates placed that sub- stantially below what PG4E'ia rates were thought to rise to, which it ryas estimated to be somewhere between 40 and 50 .ills --it cost 30 mills now —staff would be working on therm estimates in the wmeks to come, a part of a cost -benefit study. Vice Mayor Brener said that the Sierra Club of Modesto had taken a stand against the project 1) because the Stanialaus wall a 5D river, steaming that the possibility of classifying the Stanslaua as a "gild river" was being studied, and therefore the Modesto Sierra Club wanted no money spent on the project until the study vas completed; 2) the river backed up into the Carson Wilderness Study area, also being studied; 3) there was also rose concern that the few creeks remaining aright be destroyed, thus detroying a natural fishing area. She asked that staff could perhaps have some information on those concerns when they brought the matter before Council again. 4 5 7/18/77 Mr. Aghjayan agreed, adding that those concerns would be addressed in the Environmental Impact Report (EIR) which would be paid for with some of the $105,000 to be raised by special assessment. The matter would return to Council in September or October. Council.member Carey confirmed that part of what the City was now paying for was answers to those questions: The project seemed to him a good bed for seed money, for even with limited groyth Palo Alto appeared to be heading toward a possible inadequate supply of electricity in the future. Lucy Erickson, 1136 Palm Avenue, Redwood City, represented Friends of the River, who felt they had not been given enough information to give a formal statement about their opinions. Since the matter was "very controversial" she asked that Council wait to act until the Friends of the River were able to form a statement. She said the organization hoped that when the EIR was drafted there could be a public hearing in Palo Alto, so that people could voice their opinions. Mayor Sher confirmed with Mr. Aghjayan that there would be reviews of the project in the Council. Mr. Aghjayan said that the EIR would be submitted to Council for its review. Councilman Eyerly added that all of the agencies such as Friends of the River had to be satisfied and give their sanction before the project went ahead, but the money to go ahead on the project was the first step. The Calaveras County Water District knew all the agencies it had to eatisfy. MOTION PASSED: The motion to approve the ordinance amending the budget and the recommendations of otaff passed on a unanimous vote. REQUEST OF COUNCILMEMBERS HENDERS ON FAZZI? O EYERLY AND WITHERSPOON FOR STAFF TO INVESTIGATE POS1SILITIES OIO BROADCASTS OF COUNCIL MEETINGS. Mayor Sher observed that since four Councilmetabers were already named on the memo only one more vote was needed. MOTION: Councilmember Henderson moved, seconded by Clay, that staff investigate the possibilities for radio broadcasts of Council meetings. Co+nrcilaember Fazzino suggested that staff begirt with RZSV, Stanford University's radio station, and enlist the help of the Stanford admin- istration to urge KZSU to continue the broadcasts, perhaps offering to pay for the lines for four or five years, if the station would agree to carry the meetings for each week of that period of time. Other stations in the area, such as one AM station in Palo Alto which went off the air at 6 p.m., which had been the public affairs station, and could be approached. A non-partisan group such as League of Woven Voters could be asked to take the anchor position. One of the reason the Council broadcasts were dropped may have been because there was no one interested enough to be anchor person on * week -by -week basis. Councilnembsr Fazzino told of his surprise at the number of times the matter of the broadcasts had come up during the election campaign, and he had some surprise at how successful the broadcasts had become. Ne urged his colleagues to vote in favor of the motion. MOTION PASSED: The motion that staff investigate possibilities for radio broadcasts of Council meetings passed on a unanimous vote. 4-6 7/18/77 .REt�i36ST OP Coin ERsEYERLYAND HENDE LSON RE: P ROP ERT„ Y Tom` I TJON TO ASSESSED VALUATION Councilmember. Eyerly said that it was important to get information before Council before the tax rate was sat, and City Treasurer Al Mitchell had given Council his July 11 preliminary assessed values with some idea of the rate of tax increase on a mill basis. Councilmember Eyerly said "The impact of inflationary increases on the operating budget should also be covered." MOTION: Councilman Eyerly moved, seconded by Henderson, that staff prepare a report prior to the setting of the tax rate by Council, showing the relation in dollars and percentages that the property tax has sup- ported the annual operating budget in the City in the past ten years. Councilmember Eyerly said that the objective of his motion was to show that the dollar cost of municipal government rises with inflation as does the dollar income from increased property valuations —the two correlated unless there had been exterminating factors. He hoped that the property tax percentages could be kept in support of the operating budget, and at the same level, without enacting new taxes. He thought that in fairness to the taxpayer the taxes should be cut if raised tax ;Ivnluatiors produced a disproportionate dollar figure. At the same tine the taxpayer had to realize that government costs increased' with infla- tion. MOTION PASSED: The motion that staff prepare a report prior to the setttng of the tax rate by Council, showing relations in dollars and percentages of the property tax to the operating budget in the City in the past ten years passed on a unanimous vote. ORAL COMMONiCAiiONa None ADJOURNMENT NOTION: Councilmember Carey moved, seconded by Partino, that Council adjourn. The motion palmed on a unanimous vote. Council adjourned at 11:40 p.m. ATTEST: Cf y Clerk 4 7 7/18/77 APP ROVE :