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HomeMy WebLinkAbout1977-08-01 City Council Summary MinutesCTY COUNCIL MINUTES Regular Meeting August 1, 1977 CITY OF PALO ALTO ITEM PAGE Minutes of June 27, 1977 7 0 Oral Co nunicatious 7 0 Ordinance Amending Ordinance No. 2979 Restricting Certain Water Vsev Ordinance Re PAMC Chapter 6.24 Stables 706 Cowper Street --Changing of Zoning From R-4 To P -C, Subject to Conditions Fair Housing, incorporated Resolution of Appreciation to Former HRC Member Gary Fazzino Policy and Procedures Committee Recommends to Council Re Appointments to Boards, Committees and Commissions Request: of Councilmembers Clay and Eyerly re Golf Course Administration Request of Councilmember Fletcher Re County Public Hearing on Page Hill./El Camino Intersection Request of Council a hers Clay and Witherspoon re Sidewalk Sales Oral. Communications Notice re Inter -City Council Meeting Peceas to Executive Session Ratification of Dorothy Bender's Appointment to PACCC Board Adjournment 7 1 71 7 1 7 I 7 1 7 2 7 9 8 0 80 8 I 8 2 8 2 8 2 82 1 6 9 8/1/77 Regular Meeting August 1, 1977 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, Faazino, Fletcher, Henderson, Sher, Clay, (arrived 7:45 p.m.) ABSENT: Witherspoon Mayor Sher said that at some point during the evening au Executive Session should take place on some litigation, as well as ratification of an appointment to PACCC. MTBb'4S OF ,.CIE 27_1_19_77 Councilmeeber Henderson asked that the following items be added to the minutes of June 27, as requested by Margaret A. Weeks, 363 LaCuesta Drive, Purtola Valley: On page 1094, in relation to a Water Quality Control meeting, second paragraph, Mr. Cooper speaking, said "Another point that was raised was 'What are the Regional Water Quality Control Board's requirements?' I had understood that the Board was going to adopt requirements in final form in slay, but they did not. They have been held over and they will probably be adopted iri July." Page 1099, second paragraph, Ms. Pearson talking, "Last Friday I visited the Water Quality Control Board in Oakland>...I was stunned to learn that the so-called inflexible requirements were tentative criteria. . that had been sent to the City under cover of a letter dated March 31. The Water Quality Board was asking for a comment on the criteria. My dismay was heightened when I was told that Palo Alto had made no contact with thia Board or its staff either by telephone or letter." Page 1101, second paragraph, Mr. Cooper speaking, said he had spoken with Dr. Kolb on Thursday, Page 1101, fourth paragraph, Ms. Pearson talking, "I was there from 9 o'clock in the morning to noon. I was talking to Dr. Kolb and we asked him specifically whether anyone had been there from the City of Palo Alto or from the consultant and he said absolutely not." Councilman Eyerly asked that the additions proposed be substantiated by the City Clerk as having actually been on the tape of the meeting of June 27. He felt it was somewhat improper to include the additions on a letter request only. MOTION: Councilmeaber Fazzino roved, seconded by Henderson, that the isinutesm be approved as added to, subject to verification with the tape of the meeting of that date. The motion passed on a unanimous vote, Couutilaeeebers C1ey and Witherepoou absent. ORAL COMMUNICATIONS 1. Emily Bengal, 1056 Forest Avenue, spoke of having received raedio signals on her television set that evening; another citizen had complained of the game thing, and she asked if there was some vary such reception could be controlled. Mayor Sher suggested that the Federal Communications Commission (FCC) sight be questioned about that --'he knew of no City jurisdiction on the natter. Mr, Booth, City Attorney, said that the FCC was the proper place to make inquiry ---generally such reception was due to malfunctioning or using a frequency in excess of that permitted by later. 7 0 8/1177 See pg. 1094 for original letter of Margaret Weeks Referral Items None Action Items Mayor Sher briefly revie'ed the following items that remained on the Consent Calendar, Action Items. ORDINANCE AMENDING ORDINANCE NO. 2979 ORDINANCE 3005 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SUBSECTION 3 OF SECTION 1 OF ORDINANCE 2979 RESTRICTING CERTAIN WATER USES." (First reading July 18, 1977) ORDINANCE RE PAMC CIA'TF:R 6.24 STABLES PlaINIIMMESOMIM ORDINANCE 3006 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 6.24 (STABLES) OF THE PALO ALTO MUNICIPAL CODE." (First reading July 18, 1977) 706 COWPER STRE'i--Ct;.A.Iv1E OF' ZO NG c SUBJECT TO CONDITIONS ORDINANCE 3007 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF TH.E PALO ALTO MUNICIPAL CODE TO CHANGE THE ZONING CLASSIFICATION Or CERTAIN PROPERTY KNOWN AS 706 COWPER SKEET` FROM R-4 TO P -C, SUBJECT TO CONDITIONS." (First reading July 18, 1977) FAIR HOUSING. INCORPORATED (Q R: 397: 7) AGREEMENT - PROFESSIONAL SPIViCES TO ELIMINATE HOUSING DISCRIMINATION THROUGH EDUCATION MOTION: Councilmember Fazzino moved, seconded by Eyerly, that Council approve the ordinances and authorize the Mayor to sign the agreement. The motion passed on a unanimous vote, Council -amber Witherspoon absent. RESOLUTION OF APPRECIATION TO FORMER LOTION: Mayor Sher moved, seconded by Brenner, that Council adopt the following resolution: RESOLUTION 5433 entitled "RESOLUTION OP TEE COUNCIL OF THE CITY OF PALO ALTO CLING GARY P. FAZZTIO FOR OUTSTANDING AND CONSCIENTIOUS SERVICE AS A MEMBER OF THE HUMAN RELATIONS COMMISSION." NOTION PASSED: The motion passed on a unanimous vote, Cotwc¢_lmember Fassiao abstaining, Couacilmember Witherspoon absent. Meyer Sher presented Former Human Relations Coaaiasion member Fasxlno with a copy of the resolution. 71 3/1/77 POLICY AND PROCEDURES COMMITTEE RECOMMENDS TO COUZIL Alf INTMENTs TOlitAnrusimalmma. rrrrar�ee+r•i�arer.rrr� TICIPPriTTEES AND COMMISSIONS MOTION: Vice Mayor Brenner, chairman of the Policy and Procedures Committees moved that Council adopt the following recommendations regarding Council -appointed positions: i 1 1) That in the future the City Clerk start the procedure two months before an appointment needs to be made; 2) That all future appointments, including the pending appointments to the Planning Commission, be made using the current procedure as follows, with the exception of d) which is a recommended change: a) that Council select a specific number of names for each Counciimember to submit to the Clerk who will tally them and compile a list of persons to be interviewed; b) that the interviews be conducted in Executive Session, with any discussion of applicants' qualifications by Councilmembers to take place in public or through use of the telephone; c) that the appointments be agendized and voted on in public at a City Council meeting, using secret, paper ballots later. d) that voting be on all applicants on the original list; e) that each seat or vacancy be voted on separately; and f) that the complete list of applicants and names of those appointed be made public. Chairman Errennet said the Committee had discussed the foregoing suggestions in the light of information from the City Attorney's understanding of the Brown Act. Since the Committee drew up its report Chairman Brenner said she had re -read the Brown Act and Evelle Younger's judgment and she formed the following amendment, not as Chairman, but as CounciImember: AMENDMENT: Vice Mayor Brenner moved, seconded by Henderson, that in Section b) the word "public" replace "Executive Session" and in c) to add "announce the results of each ballot in the same manner as for Mayor and Vice Mayor." Vice Mayor Brenner said she thought the public deserved to who was considered to serve on its Commissions. Mayor Sher said he would treat the amendment as two separate motions. He awaited a second to b) . the motion was seconded by Coupe i i member Henderson. Vice Mayor Bremner said she did not think any part of the interviewing process "would have been any less 'good' had the door been open. It would not have changed the interview in any material way and I feel it's time to share that with the public," She thought the intent of the Brown Act is better served by "opening the door." Councilmember Fazzino asked if in pending appointments to the Planning Commission the proposed procedure would be used. 7 2 8/1/77 Mayor Sher confirmed that all future appointments to boards, committees and commissions would use the proposed procedure. Councilmember Henderson favored the open -to -the -public procedure, with the list of applicants to be made public, interviewing to be done at a public meeting, perhaps in an informal atmosphere. Balloting results would be announced after each ballot. He thought that since the applicants represented the public: they should therefore be open to public scrutiny, Counci1member Fazzino said he was committed to the intent of the Brown Act, which he took to be that the governmental process should take place in the open. However, commissions and col--riittees were advisory groups, and the same amount of public scrutiny was neither useful nor desirable and could even inhibit some people from'becosning applicants ---public interviews might even result in candidates withholding some information. He said he supported the original recommendations, and opposed that part of the amendment that interviews be public; he favored the portion of the amendment that proposed that the results of the balloting be announced. Counci1me+mber Clay said he thought a distinction should be made among those who sought public exposure for the purpose of getting votes in order to be elected, end the dubious value of such exposure for people who were being appointed. He favored acceding to the wishes of those prospective appointees who wanted private interviews. He supported the Committee's recommendations, and that part of c) which proposed announcing the results of the balloting. He said the bodies to which the appointments were being made were a -political, so public voting procedure and interviewing, should be gauged accordingly. Couancilmember Eyerly queried the exclusion of the balance of the Committee recommendations that Counciimeiber Brener said had remained in committee. Mayor Sher explained that Items 3), 4) and 5) related to revising the form and these remained in Committee,_and so -they had not been included . in the present motion before them. The Committee would comate back -with recommendations or these items. Vice Mayor Brenner explained that recommendations 1) and 2) and a) through f) were the motion on procedure before thee; items 3, 4 and 5 dealt with the application itself —the City Clerk had theses at present and would give the Committee some written suggestions at a later time, She *aid +she had spent the weekend going over the Brown Act and ielle Tounger's and Bob Booth's analyses, which she had not had before; her amendmenta expressed her thoughts after going over that information. n. Courtt iiae fiber Eyerly said he had observed that the Committee vote had been unanimous, and so he had been surprised at her motion to amend. He supported the view that interviews should be held in e relaxed atmosphere; public interviews sight tend toward a political atmosphere, and so he opposed the amendment for 2b). He recalled that when the Brow Act amendments had first been brought to their attention Councilftembere were busy with the Comprehensive plan and extra meetings and the like, and he said that now that Council had started to review it be was satisfied with their findings and the recommendations of the Committee. Councilme ber Carey asked if Councilme her Bremner also intended to permit the public to speak at the interview and voting sessions. Vice Mayor Brenner said she did not anticipate having the public speak, she had intended only that the public be able to listen. Couxictlmember Carey said that the acv did not mire that the interview be conducted in public, though Evelio Tounger's analysis eight construe 73 8/1/77 it as being desirable. He thought the reasons opposing the amendment on the floor were valid; Words in support of the amendment were sweeping generalizations that held the appointment process should be public. He asked what specifically could be gained by the public if the interviews were conducted in public sessions, for he thought there was "a distinct advantage to the applicant and to the Council in a closed interview." Councilmember Fletcher said she wished to conform to the intent as well as the letter of the Brown Act. She asked if Vice Mayor Brenner had cone across any specific statement of intent, and, failing that, if the City Attorney's office could elucidate. Vice Mayor Brenner read from the Brown Act: "All meetings of the legislative body, of a local agency shall be open to the public and all persons shall be permitted to attend any meeting of the legislative body of a local agency except as otherwise provided in this chapter." In 54952.3, "Legislative Body" "is defined as defined as, "also includes any advisory commission,advisory committee or advisory body of a local agency created by charter, ordiance, resolution or by any similar formal :action of a governing body or member of such governing body of a local agency." "Legislative body" was described and distinguished from ad hoc committees which were not appointed by ordinance or resolution. She said there was "considerable :material that describes the difference between privacy protection provided for employees or an officer who is head of a department, from those who are considered part of the legislative body. So distinction was made between those who were to have their privacy protected and those who were public figures. She said that people who were on the Planning Commission dealt with a "tremendous amount of the public business," and so the public wants to know what canner of advisors the Council is choosing for itself. She had been quoted in the newspaper as having said that 13 years ago she would not have applied for the Planning Commission if the interview had been public, but, she explained, the completion of her sentence, "...but that was 13 years ago," was not quoted. She then addressed herself to Councilmember Carey's question, "Why do you think the public cares?" Councilmember Carey corrected her. He said he had asked if she had any apecific arguments in support of the motion --the Brown Act provides for exceptions to public hearings. Mayor Sher noted that there bad been recent amendments to the Brown Act which specified that appointments to the advisory boards must be in public ---the question was 'what does that mean?' Councilmember Carey's question was, 'How will the public be served by conducting these interviews in public?' Councilmember Fletcher said she thought the Brown Act intention was to have an open process from the beginning, with which she agreed. She asked if some applicants could say if the possibility of public interviews would have discouraged the from applying. Mayor Sher said that any candidate who wished to respond could fill out a card and speak to the matter. Councilmember Henderson said he thought the intent of the Brown Act was that the process be public: the public then knew the criteria for choice; the public process tended to eliminate the possibility of political appoinrsrents. He did not know of any aspect of the questioning that would embarrass an applicant for questions related to experience and qualifications. Mayor Sher said the Brown Act was designed to insure that public business was conducted in public, and not in secret, for which he thought Palo Alto had "an enviable record." The recent ant was aimed at having appointments process conducted in public. At present the list of those 7 4 3/1/77 who had applied for appointments was made available. The recent appoint- ment process followed by Council in making the Human Relations Commission had not, conformed to the present legislation --Palo Alto should go as far as at leaat announcing results of ballotings, and in that way it would be known who from the entire list had been selected for the seven candidates to be voted upon. He said he thought that public, interviews would be in the spirit of the intent of the Brown Act. He agreed that, should the public interviewing inhibit questions or answers the public would not be served. Still, from his own experience, he knew that the questions gave applicants an opportunity to show special qualifications for fitness for the. appointment. He also agreed that it would be inappropriate for the public to speak or ask questions at the interviews. He said he "wholeheartedly" supported the two aaiendv ent s . Don Surath, 1930 Abbey Larne, said he had been a recent candidate for a Commission appointment. }le had not objected to having his answers to any of the questions that had been put to him made public, and he would have liked to have known how the voting went, so that he could have had some indication on how he did on the interview. He thought applicants would welcome the open-door interview Council ember Carey asked the City Attorney for comment on Attorney General Younger's analysis. Mr. Booth said that the Brown Act had some ambiguities which his office had construed as only restricting certain activities of the Council regarding appointments. Council could set its own policy, but he thought the more open the process the more the City was protected from complaints. Earlier in the year Mr. Younger had held that the secret ballot was not permissible for appointees to commissions, and other things not in the Brown Act itself, which did not state a secret ballot could not be taken. In another state with identical legislation the court had reached a decision directly opposite from Attorney General Younger's. Councilrae ber Carey said that the question seemed to him to be whether or not Council wanted to minimize the occasions for executive sessions. He wondered if opening the interviews to the public night not prolong the tine involved. If the motion passed Council ought not to have the responsibility for making the interview session a debate forum. FIRST AMENDMENT PASSED: The first amendment to 2b) deleting "Executive" and substituting the word "public" passed on the following vote: AYES. Brenner, Carey, Pletcher, Henderson, Sher HOES: Clay, Eyerly, Fasrino ABSTAIN: Vitherepoon SECOND AMENDMENT PASSED: The second amendaent to 2c) which adds "announcing results of each ballot in the same manner as for Mayor and Vice Mayor," passed on a unanimous vote, Counci:i.membes Witherspoon absent. AMENDMENT: Council a bet Henderson moved, aeconded by Fletcher, that Pert f) of the Committee recommendations be deleted since with the other amendments it no longer fits in. Pict Mayor Brenner suggested that the word "only" be deleted, for it had not been spelled out in the Brown Act that a complete list of applicants need be sue public. 7 S 6/1/77 Councilmembers Henderson and Fletcher agreed to move to delete the word "only," in Part 2f). AMENDMENT PASSED: The motion to delete the word "only" in Part 2f) passed on a unanimous vote, Ccuncilmember Witherspoon absent. Councilmember Eyerly asked if Part 2) included all Committees and Commissions. Mayor Sher said he thought Part 2) included the Planning Commission, the Human Relations Commission, Architectural Review Board, and the Visual Arts Jury --the four advisory bodies to the Council which arc included in the Palo Alto Municipal Code. Counci1member Fazzino asked if a formal motion saying that the public could be present but >ould not participate in the discussion was needed. Mayor Sher confirmed with Mr. Booth that there was never a requirement except in public hearings that the public be called upon to speak --the determination could be made at the interview sessions by whomever was presiding. AMENDMENT: Councilme .ber Fazsi.no moved, seconded by Brenner, that the public be invited to attend the public interview sessions but that they not participate. Counci1rnember Carey confined that if the proposed amend€ment passed it would be mandatory that the meeting be open to the public. If so, he had thought that had already been detez;oined, but that the amendment made it concrete. AMENDMENT PASSED: The motion that the public be invited to attend the public interview sessions but that they not participate passed on a unanimous vote, Councilwoman Witherspoon absent. Council caber Eyerly reviewed that 2a) said that each somber vas to select a number of names, and so on, Had the Policy and Procedures Committee decided how many people the Council was to interview? Vice Mayor Brenner said the number to be interviewed depended on how many candidates had applied --with many applicants the list could be cut down, with few applicants all could be interviewed, and so the number to be interviewed was left open. MAIN MOTION AS DEL PASSED: The Policy and Procedures Con- mittee recommendations as amended passed on a unanimous voto, Counci1aember Witherspoon absent. Council a ber. Clay asked if the procedure just adopted was to be followed for the pending appointments to the Planning Commission. If so, there was the problem that the applicants had not been notified that the interviews were to be public, nor had the public been notified. MOTION: Councilae.ber Clay moved, seconded by Fa9zino, that the conditions gust adopted for conducting public interviews be applied after the Planning Commission interviews to be bald on August 2. Councilsember Henderson said he did not see the point of adopting a policy then not using it. The Mayor had said that the applicants would be contacted about whether or not they minded being interviewed in public. The other fact that the public had not been notified did not 76 8/1/77 -76 seem a problem to him, unless there would be a legal problem. Councilmember Fletcher added that though the public had not been notified the other candidates could hear one another, if the policy of open interviews were put in force right away. She also thought it likely that the Palo Alto Times might have some news about it in Tuesday's paper, and the interviews were scheduled for 7:30 p.m. Vice Mayor Brenner said the Executive Session had been advertised July 30. She asked City Attorney Booth if advance notice were required if an Executive Session were made public by simply opening the door. Mr. Booth replied that no additional notice would be required. Vice Mayor Brenner said that the intent of the recommendations was to use the new format for all interviews after their adoption. The Planning Commission interviews had been postponed so that they could be conducted with the new format. Councilmember Clay said that if the motion failed he would move for postponement of tomorrow night's interviews. Mayor Sher confirmed that Councilmember Clay was speaking only of the current Planning Commission interviews. He was concerned that the application of the adopted procedure toward the following night's interviews night get in the way of the substance of the interviews. For that reason he preferred using the former way for the following night. He did not think the interviews should be postponed, and he thought he might vote for the motion. Councilmember Henderson said he preferred postponement of the August 2 interviews and use the open procedure. He would vote against the action on the floor. Vice Mayor Brenner confirmed that the balloting on August 8 would take place according to the new procedure. She said she would vote for the motion re she interviews in the interests of a smooth transition. MOTION PASSED: The motion that the conditions just adopted for conducting public interviews be applied after the Planning Commission interviews are held, passed on the following vote: AYES: Brenner, Carey, Clay, Eyerly, Fasaino, Sher NOES: Fletcher, Henderson ABSENT: Witherspoon MOTION: Vice Mayor Brenner moved, seconded by Fazzina, that Council approve Items 3), 4) and 5) which were agendized to serve as information for Council. Councilmember Henderson raised the question for Committees and Commissions would attend He thought the listening applicants had the practice on the questions. about whether or not applicants one another's interviews. advantage of being able to Mayor Sher said he thought it was a mistake to try to tie down each step in the procedure. Perhaps it would be most fair to request, for it could not be required, since the meetings were public, that other applicants not sit in on the interview. If they did attend it would be with the consent of the others. MOTION PASSED: The motion that Council approve Committee recommendatio .e 3) s 4) and 5) passed on a unanimous vote, Councilmember Witherspoon absent. 77 8/1/77 MOTION: Councilmember Clay moved, seconded by Fazzino, that the public be invited to attend interview for Commission and Committee positions in an unrestricted manner. Councilmember Fazzino said that one of the consequences of the motion would be that the people who were going to be interviewed last would be able to hear those who were going to be interviewed first. Councilmember Eyerly said that- since the Council affairs were going back on the radio it would not be possible to exclude anyone from hearing what was taking place. Mayor Sher said that this meant the interviewees will be invited to be present when others were being interviewed. He asked that Councilmember Clay re -state the motion., Councilmember Clay said that his motion stated that the public be invited to attend in an unrestricted manner, to attend the interview sessions. He would not restate it differently. Mayor Sher asked that the minutes show that in response to questions Councilmember Clay stated that his intent was that interviewees are also invited to attend the interviews of other interviewees. Vice Mayor Brenner said she saw no way of separating interviewees from the public, so far as access to interviews, though, were they to attend one another's interviews they might find that the material was not quite ae fresh, and so an interviewee mightchoese to stay out -- she thought the choice to attend or not to attend should be left up to the applicants. AMENDMENT: Councilmember Carey moved, seconded by Henderson, that the order in which the interviews would be conducted would be determined by chance. Councilmember Carey spoke in support of the amendment and the motion saying that as candidates all Council e*bera had faced the situa- tion of not knowing what position on the ballot they would appear in and also of hearing the statements of other candidates. Raving public interviews would be to the advantage of all the candidates as long as there was not a pre -determined order of interviews. City Clerk Tanner asked if it was intended that a ballot be drawn up for the order in which the interviews would occur. Mayor Sher aaid that formerly the interview order had been predetermined, now the order would be rands a ---drawn out of a hat, Councilmember Clay said that the order could be determined just before the interview. Councilmember Carey urged Councih webers to leave some flexibility within their motions, so far as method was concerned. AMENDMENT PASSED: The amendment that the interview order be random passed on a unanimous vote, Councilmember Witherspoon absent. MAIN MOTION AS AMENDED: The main motion, that all the public be invited to the intervir r. sessions in an unrestricted manner, and as amended passed on a unanimous vote, Councilmember Witherspoon absent. 78 8/1/77 RE UEST OF COUNCILMEMBERS CLAY AND EYERLY GOLF COURSE ADMINISTRATION Councilmember Clay recalled an earlier discussion of responsibilities of a non-profit corporation which led to the understanding that Council would have the responsibility for the physical administration of the golf course and club house. He thought it would be appropriate for Council to take a look at those facilities and also get some input from the golfing public as to how they thought the entire facility should be run. Perhaps staff could do some investigation on how other courses are managed, and along with the task force Council could have a report on the best way to handle the facility. NOTION: Councilmember Clay moved, seconded by Eyerly, that the staff report on how golf course maintenance and administration is structured, along with a comparison with other communities, and make suggestions for the updated facilities. Councilmember Henderson said there was considerable difference between upgrading a facility and upgrading the entire program. He asked what would call for a review of the golf course admin- istration. Councilmember Clay said that much money was going to be spent --a golf course required expertise can turf management, tournaments, putting ir, the pins, management of the pro shop, along with a restaurant and bar, and so on, and he had heard from some golfers that they would Tike to give some ideas to keep it at a level to be expected of Palo Alto. He thought that now was the time to do it. Councilmember Fazzino asked Mr. Walker what he understood to be the intent of the motion, what he thought of it, and how much staff time the report would take. Mr. Walker said he thought he understood the motion and he knew that there was some dissatisfaction on the golf course management, which the staff thought related to the various functions of running the course. Some new people had been put in key positions. Staff would be happy to share with the Council their views on what other changes were needed for improvement. He thought less than 100 hours would be needed to make the kind of report the motion asked for. Councilmember Carey supported the mention --his concern was with maintenance. He thought it would be "prudent" for Council to take a look at the maintenance and management. Council ember Eyerly said he would be glad to work with staff on reaching agreement on the policies the Council would set. Comparison with policies tamed golf courses in other cities would be helpful. The present was a logical time, for it coincided with the planned improvements. Councilmember Fletcher said she thought new management personnel at the golf course should be given a chance to perform before they were given direction by Council ----it might forestall some wasteful time and energy in planning for what was not needed. Mayor Sher solid he supported the motion suggesting a review of golf coarse procedure, The citizens' committee had had obaeervatisns to make on management, and a review of those processes had always been assumed. He did question whether or not the report should be returned to Council. He thought bringing the matter bock twice should be avoided ---it would be better to use the Committee system, have staff prepare the report on policies and comparisons, and then let the Committee consider it in au informal atss sphere and then make its report to the Council. 79 8/1177 AMENDMENT: Mayor Sher moved, seconded by Henderson, that the report go directly to the Policy and Procedures Committee, the Com- mittee to make its recommendations to Council. Councilmember Eyeriy said that it would be wise to wait until Council saw the report, for it might have to go to the Finance and Public Works Committee as well. Mayor Sher said that if that became necessary that could be one of the Policy and Procedures Committee's recommendations. What he wanted to emphasize, he said, was the subversion of the Committee process if the matter were returned directly to Council. When it crime to Council there was full discussion, sometimes to such a degree that Council referred matters to Committee and directed the Committee on the position to take toward the matter. He thought that was "the wrong way around." MOTION AND AMENDMENT PASSES: The motion including the amendment to refer the proposed report to the Policy and Procedures Committee paased on a unanimous vote, Councilmember Witherspoon absent. REQUEST OF COUNCIlMEMBER PLETCHER RE COUNTY PUBLIC HEARING ON PAS4MIE CANINO INTERSECTION Councilmember Fletcher recalled the funding problems at the County and State level for the double left turn lanes at Page Mill and El Camino. She acid the County had some information and the Transportation Agency was planning to hold a meeting August 30 at Gunn High School. MOTION: Councilmember Fletcher moved, seconded by Fazzino, that the City request the Board of Supervisors to make available maps, the environmental report, and other data, to the general Palo Alto public. Councilmember Clay said he favored the idea ---how many copies should be available? Councilmember Fletcher asked that each Councilmember have copies, along with the City Clerk as well as two copies each for Palo Alto libraries -- one for reference and one for circulation. Mayor Sher said he understood her motion to ask that the Mayor He asked Mr. Walker, Assistant City Manager, if that was the proper procedure. Mr. Walker replied that the staff could try to obtain the documents first, then, if necessary, a more formal approach could be taken. Corrected See pg. 143 MOTION PASSED: The notion to ask the County for copies of the emvirommantal. Impact Report and neaps, passed on a unanimous vote, Council - member Witherspoon amsent. T OF COUNCILM MBERS CLAY Councilmember Clay said that it had come to his attention that Downtown, Incorporated, had been behaving illegally. He asked why the infractions regarding sidewalk sales had not been prosecuted more forcibly. He sa•'d there should be an amendment to Palo Alto Municipal Code 10.10 to allow sidewalk sales to take place in the manner in which they had been conducted. Council should act that evening, for a sidewalk sale was plumed fur August. The procedure of passing an ordinance in the usual may requiring 30 days would fall short of the desired time. a 0 6/1/77 'C,C. MOTION: Councilmember Clay moved, seconded by Councilman Cerey, that the City Attorney's office draft an amendment to Chapter 10.10 to allow sidewalk sales in commercial areas by local merchants under the permit procedure, to be issued to responsible organizations, and to return it to Council by August 8, 1977, as an emergency matter. Couneri1 ember Henderson asked if local craftspeople, as well as local merchants who were actually in full -tide business, were to obtain permits for the sidewalk sales. Councilmember Clay said that Downtown, Incorporated, sponsored the sale, it was not held merchant by merchant. He assumed there was no prohibition on use of public sidewalks —Downtown, Incorporated would screen merchants who would sell. Councilmember Henderson thought the public might misunderstand that anything proposed for sidewalk use might be possible only through that organization. City Attorney Booth said that as he understood the proposed amendment the sale would not be open to the general class of itinerant merchant; it was fcr local merchants who had fixed places of business, so that they could display, or someone operating with their consent could display goods on the sidewalk. Counciimersber Fazzino said; he thought fairness would mean that the kind of activity being discussed could not be limited to one organization, but he did not want people to have to be "tripping over vendors right and left" as was the case ir. San Francisco. Basically, he approved of the sidewalk sales held in the past. Vice Mayor Brenner asked if closing the streets was also involved. Receiving an affirmative answer she added that her bias was not to make sidewalk selling exclusive. Councilman Byerly asked if the amendment would not be applicable for all commercial areas in the City. Mr. Booth replied that he was correct. Ned Gallagher, 440 Melville Avenue, spoke for Downtown Palo Alto Inc., He said that his orgetnization would be happy to endorse such a sale, but that it would in no way be exclusive. Not only merchants who belonged to Downtown Palo Alto but also all merchants with a fined address would be invited to participate. Be said he thought the present ordinance was intended to exclude the itinerant merchant, but, unfortunately the ordinance also excluded merchants themselves, from sidewalk sales. Such sales were a coffin event throughout the country. They had a good effect on business, and brought more people into areas where they were held. Re said he had checked eith the California Avenue merchants' organization, and they had conurred. MOTION PASSED: The motion that the City Attorney's office draft an amendment to Chapter 10.10 to allow sidewalk sales in commercial areas by local merchants under the permit procedure, with permits to be issued to responsible organizations, and to return the ordinance to Council by ,august 8, as en emergency natter, passed on a unanimous vote, Councilmember Witherspoon absent. .&011. CONGYNICA% None 8 1 8/1/77 NOTICE RE INTER -CITY COUNCIL MEETING Mayor Sher announced that the City Clerk had circulated a notice among them of an Inter -City Council meeting to be hosted by Palo Alto, Thursday, August 4, 1477. RECESS TO EXECUTIVE SESSION MOTION: Councilman Renderfon moved, seconded by Fazzino, that Council recess to Executive Session regarding litigation and an appointment to the board of Palo Alto Child Care Center. The motion passed on a unanimous vote, Counciias aber Witherspoon absent. RATIFICATION OF DORY BENDER'S APPOINTMENT TO PACCC BOARD Mayor Sher announced that Council had confirmed the appointment of Dorothy Bender to the Palo Alto Child Care Center board. ADJOURNMENT Council Adjourned at 9:55 p.m. ATTEST: i Cit ..lerk APFROVE: Mayor 8 2 8/1/7s